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Minutes 04-17-03MINUTES OF THE CONTINUED REGULAR MEETING OF THE COMMUNITY REDEVELOPMENT AGENCY HELD IN COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA ON THURSDAY, APRIL 17, 2003 AT 6:30 P.M. Present Larry Finkelstein, Chairman Jeanne Heavilin, Vice Chair Don Fenton Michelle Hoyland Absent Jose Aguila Alexander DeMarco Henderson Tillman I. Call to Order II. Roll Call Doug Hutchinson, CRA Director Lindsey Payne, Board Attorney Susan Vielhauer, Controller Chairman Finkelstein called the meeting to order at 6:30 p.m. and noted that a quorum was present. III. Agenda Approval The agenda was placed on file as presented. IV. Consent Agenda - None V. Public Audience - None VI. Public Hearing - None VII. Director's Report A. Updates 2. Status of Contract - Design/Build Promenade/Riverwalk (addressed out of order) Chairman Finkelstein noted that on April 16t~ he received the newest version of the contract for the design-build of the Riverwalk/Promenade. The document is being reviewed by Legal and will be ready for action at the next meeting. Attorney Payne noted that she received a new agreement this week that referred to a portion of 30%. Chairman Finkelstein asked for clarification of the 30%. Mr. Meeting Minutes of C,,ntinued Regular Meeting Community Redevelopment Agency Boynton Beach, Florida April 17, 2003 Hutchinson responded that this is an architectural term that refers to how much work is done. This means that no more than 30% of the $487,000 would be devoted to the design/build phase. Mr. Hutchinson requested that Chairman Finkelstein, Attorney Payne and himself meet to discuss the phasing. Land Acquisition - Promenade/Riverwalk/Park Extension (addressed out of order) Mr. Hutchinson reported that the City Commission approved moving forward with the condemnation proceedings. A meeting was held yesterday with the environmental and property appraisers to ensure that all appraisals are up-to- date. They are researching to make sure that the most current statutes and policies of the DEP are adhered to with regard to the mangroves. This should be completed within two weeks, at which time a fair market offer will be made and the money will be placed in escrow. If the offers were not accepted, the "quick take" method would be utilized. Mr. Hutchinson did not think that the parties were very far apart. 3. Status of Commission/CRA Workshop Scheduled for April 29, 2003 Mr. Hutchinson noted that there is a memo in the packet from him to the Board and Mr. Bressner listing various topics for discussion. Mr. Bressner will be providing the final agenda and if a Board member has a particular topic to discuss, they should let Mr. Hutchinson know. The workshop will be held at the Library. 4. Status of April 24th CRA Workshop and Agenda Items Mr. Hutchinson said that staff has received a sample "awards program", which staff will be adapting for use by the CRA. The remainder of the agenda has already been determined and should be available eady next week. 5. Status of Design Guidelines Piggyback Contract Mr. Hutchinson reported that Correa Valle Valle, Inc. declined to take on this additional work because of their commitment to Delray Beach. Mr. Hutchinson has the RFQ that was used by Delray Beach that could be adapted for our use. He felt it was important to have a policy program established so that everyone is in agreement with what they want. Chairman Finkelstein suggested that this item be added to the CRA workshop agenda for further action. Mr. Fenton thought that this should be added to the joint workshop since this is a citywide issue. 6. Status of Sign Program Mr. Hutchinson reported that staff has met with the sign company. They have identified the districts and are working on how many signs will be needed. This 2 Meeting Minutes of C,.,,,tinued Regular Meeting Community Redevelopment Agency Boynton Beach, Florida April 17, 2003 information will be placed on a map with an estimate of the cost. Mr. Hutchinson questioned who would be responsible for street signs within the CRA district and if the City would be responsible for the overall street signage. This will be discussed at the next meeting. Chairman Finkelstein thought that the CRA program was responsible for the main signs within the District and it was not the intent to replace every street sign in the CRA. 7. Update on Human Resources Ms. Vielhauer reported that she has been communicating with Ms. Barefoot and Attorney Payne. She asked Ms. Barefoot if she would be ready to present the revised manual at the workshop and Mr. Barefoot informed her that she is in the process of revising the manual and doing a survey. Compilation of the data from the survey is not complete. The revised manual, with the requested changes, is included in the agenda packet for the Board to review. Attorney Payne pointed out that Ms. Barefoot included a memo that explains the status of the changes. When the survey is completed, the manual will be placed on the agenda for final review. 8. Update on RFQ for Outside Audit Ms. Vielhauer pointed out that the Request for Proposals for an outside auditor is in the agenda packet. Members were requested to review it and provide her with their comments. After she receives all comments, the item will be placed on the May agenda for action. It is important that this item move forward expeditiously so that it will be in place when an outside audit is required. Attorney Payne said that she has reviewed the document and the changes that she requested have been incorporated into the document. Ms. Vielhauer requested that comments be submitted prior to May 5th. 9. Wheels Week-end Event Mr. Hutchinson reported that the event was a great success. Last year 12 cars participated in the Saturday cruise and 13 people stayed for lunch. This year there were 30 cars that participated with 80 people having lunch. People that participated came from all parts of the State. Over 1,000 people filled the downtown dance area. It is anticipated that next year the vendors will pay a fee to generate revenue. The Chamber of Commerce netted $10,000 from the event and the first year they only made $1,700. Mr. Hutchinson felt that the event was successful due to the joint effort of the Chamber and staff that did a wonderful job. Mr. Hutchinson announced that the summer event has been cancelled and the next event scheduled will take place sometime in the fall. He did not anticipate that there would be a summer event until 2004. 3 Meeting Minutes of (,..,,tinued Regular Meeting Community Redevelopment Agency Boynton Beach, Florida April 17, 2003 Since there were representatives present from the Urban Group, Mr. Hutchinson inquired if the Board wanted to move up this item. Chairman Finkelstein was amenable to this and also requested adding a new item to the agenda under X. entitled "Presentation of Certificates." Motion Mr. Fenton moved to amend the agenda as requested. Motion seconded by Ms. Hoyland and unanimously carried. IX. B. Consideration of "Piggyback" Contract for Real Estate Services with the Urban Group (moved up on the agenda) Chairman Finkelstein referred to the copy of the original RFQ and RFP for Real Estate Services included in the agenda packets, plus the contract for the CRA to piggyback onto. Chairman Finkelstein said that he would be recommending that the contract be amended to include a separate task list for each CRA task approved. He would like each CRA task to have its own task authorization and contract. Attorney Payne said that a separate contract was not necessary, but there could be separate tasks. Attorney Payne will add the appropriate language to the contract to cover this. Chairman Finkelstein noted that these services would also be available to the CRA for the MLK area. Mr. Hutchinson reported that they are having great success with property owners in the MLK area who are contacting staff. Mr. Hutchinson said that there might be two or three properties in the MLK area where the Urban Group's services might be needed in the event condemnation proceedings may be required. Chairman Finkelstein called for a motion to approve the piggyback of the Contract with the amendment. Motion Vice Chair HeaVilin moved for approval. Motion seconded by Ms. Hoyland. Howard Steinholz, President of the Urban Group assumed the podium and concurred that they could prepare a task list for staff to review and bring to the Board for approval. Vote Motion unanimously carried. Consideration of contract for acquisition tasks in the Heart of Boynton by the Urban Group (moved up on the agenda) 4 Meeting Minutes of C~,ntinued Regular Meeting Community Redevelopment Agency Boynton Beach, Florida April 17, 2003 Chairman Finkelstein said that he has not had an opportunity to review this and Mr. Hutchinson suggested bringing the item back since he had some additional changes that he would like to add to the contract. Mr. Steinholz stated that the tasks that the Urban Group presented are the same that were presented to the City. The only difference in the tasks is that the City's tasks also included relocation. Mr. Steinholz stated that the tasks included approximately 30 parcels. Chairman Finkelstein discovered that he had reviewed the document and asked who would be paying for what. Mr. Steinholz responded that there would be a separate program for the City and the CRA. He pointed out that the CRA would not be providing any relocation services. Chairman Finkelstein clarified that the CRA would not be dealing with residential property as well, to which Mr. Steinholz agreed. Chairman Finkelstein suggested that in the specific tasks the parcels that the CRA is interested in could be identified and that the contract be brought back with more detail. ,Attorney Payne agreed with this and felt that the tasks should be more specific. Chairman Finkelstein noted that the Urban Group would be providing cost estimating services. Mr. Steinholz confirmed that they would be providing cost estimates for acquisition of the parcels identified by the CRA. Mr. Steinholz explained how these services would work. Vice Chair Heavilin questioned whether cost estimates were necessary, since they intended to acquire the properties identified. Chairman Finkelstein would also like to see a more specific program and he was not sure if the program presented tonight was necessary. Mr. Hutchinson pointed out that on the second page of the Urban Group letter it lists the scope of work that the CRA would receive. Mr. Hutchinson suggested that staff bring back a first priority task list that would include the two properties previously discussed and he will contact the church, which is the third property. Mr. Hutchinson feels that these three properties will require the CRA to expend money in order to acquire them. Chairman Finkelstein felt that these three parcels needed to be addressed before they can move forward with the remaining parcels. Motion Mr. Fenton moved that staff come up with a more delineated contract that would focus on the three primary properties that require action by the Urban Group. Motion seconded by Ms. Hoyland and unanimously carried. VIII. Old Business Ao Consideration of Fac,,ade Grant Request for Boynton Boundless, L.L.C. (tabled) 5 Meeting Minutes of (,,,,~tinued Regular Meeting Community Redevelopment Agency Boynton Beach, Florida April 17, 2003 Chairman Finkelstein suggested that the item should be removed from the agenda, rather than to keep tabling it. When the applicant comes back with the proper application, it could be placed back on the agenda. Motion Ms. Hoyland moved to remove the item from the table. Motion seconded by Vice Chair Heavilin and unanimously carried. Motion Vice Chair Heavilin moved to delete Item VIII.A "Consideration of Facade Grant Request for Boynton Boundless, L.L.C." and that it not to be placed back on the agenda until a proper application is received. Motion seconded by Ms. Hoyland and unanimously carried. Consideration of Southern Homes Request for Banners at the Merano Bay Temporary Sales Office (tabled) Mr. Hutchinson suggested that this item also be removed from the agenda. Motion Ms. Hoyland moved to remove Item VIII. B from the table. Motion seconded by Vice Chair Heavilin and unanimously carried. Motion Vice Chair Heavilin moved that Item VIII. B. "Request by Southern Homes for Banners at the Merano Bay Temporary Sales Office" be deleted from the agenda and not be placed back on the agenda until the proper information is received. C. Purchasing Manual Chairman Finkelstein suggested reviewing the revised Purchasing Manual page by page. The following changes, comments and revisions were made: · Page 2, paragraph 4, Chairman Finkelstein suggested that the wording be changed to read: "Blanket Purchase Order is a purchase order that covers the purchase of repetitive type supplies of a like nature for a stipulated period of time (i.e. 12 months)." · Paragraphs 5 and 6 on Page 2 should be combined. · Delete paragraph 25 on Page 4. There was a consensus to delete this paragraph. · In paragraph 42 on Page 6 the word "Director" be changed to "Board." · Page 7, paragraph 49, the word "leasehold" should be deleted. Meeting Minutes of (,,~,~tinued Regular Meeting Community Redevelopment Agency Boynton Beach, Florida April 17, 2003 · On Page 8, Vice Chair Heavilin felt that paragraph 52 was a duplicate of paragraph 19 on Page 4. Attorney Payne will follow through on clarifying this. · In paragraph 51, on Page 8, staff was seeking direction. Chairman Finkelstein felt that the Board could give detailed direction and that staff would follow through with it. He did not think it was necessary that staff come back to the Board for final approval. Attorney Payne pointed out that surplus property is usually obsolete and she will clarify the wording. · The second paragraph on Page 10 will be deleted. · On Page 11, it was agreed to delete all the language as recommended by staff. · Chairman Finkelstein recommended that the insurance provisions on Page 12 in the first paragraph under "Policy" be changed to state, "that it meets the insurance requirements as contained in the bid." · Chairman Finkelstein suggested that Paragraph B on Page 13 be simplified for clarification purposes. · On Page 13, paragraph F, in the last sentence the words "from the vendor" will be deleted and the words "by staff" will be substituted in its place. · Vice Chair Heavilin inquired if it was necessary to include RESPECT and PRIDE as bidders. Ms. Vielhauer said that she has contacted these agencies and it would be possible to use them. Ms. Vielhauer said that this paragraph has been reworded to read: "...that is commissioned for purchasing from the blind and severely handicapped." · On Page 15, both paragraphs in paragraph 2.B. will be deleted in their entirety. · On Page 16, the first four paragraphs will be deleted. · On page 16 in Paragraph D in the third full paragraph the words "with the bond" will be moved and inserted after the words "power of attorney." · On Page 21, in Paragraph 1, the first sentence will be deleted. · In the same section, in the next full paragraph, last sentence, the word "Board" will be added after "CRA." · In the last full paragraph of Section 1, Page 21, the last sentence will be changed to read, "CRA Director will make the necessary change to the purchase order and return it to the Controller for the CRA records." · On Page 22, paragraph 3, the word "entered into" will be added after the word "contract" and after the word "and", the words "as such" will be added so that the sentence will read as follows: "Professional Services Contracts are a negotiated contract entered into prior to services being rendered and, as such, change orders will require approval of the CRA Board. · On Page 23, paragraph 4, second paragraph, in the first sentence, the word "uninhibited" will be deleted and the word "non-specific'~ will be inserted in its place. On Page 23, paragraph 4, the last sentence in the second paragraph, will be changed to read: "By establishing boundaries within which to operate and guiding the vendor toward the direction of the CRA's goal, the RFP 7 Meeting Minutes of L,,,,~tinued Regular Meeting Community Redevelopment Agency Boynton Beach, Florida April 17, 2003 seeks to elicit the best talents in the market place to handle the task identified." On Page 24, paragraph 6, the words "on the solicitation for bid" will be deleted and the words "in the RFP" will be inserted in its place. On Page 24, Attorney Payne will further clarify paragraph 7. On Page 25, in paragraphs 1 and 2 under "Policy", Chairman Finkelstein suggested that the wording be changed as follows: "$10,000 or more for planning or study activity." "$10,000 or more for basic construction costs." · Page 26, Section 2, "Competitive Selection" will read, "There shall be a Competitive Selection Committee which shall be appointed by the CRA Board, which may be composed of the following representatives:" · On Page 26, paragraph 3, Chairman Finkelstein would like to have a member of the Board be able to intercede to negotiate where staff was not successful. This would avoid having to initiate the whole process over again. Vice Chair Heavilin suggested adding that if this failed, "new solicitation for proposals would be initiated." · On Page 27, paragraph 4, the words "if approved" would be added after the words "CRA Board and." In the same paragraph in the last sentence the word "Director" would be added after the word "CRA." · On Page 28, the last two sentences under the section "Policy" would be combined to read, "Construction projects under $10,000 in cost may be processed by written quotations. Sealed bids are required for all construction projects over $10,000 in costs and the following special conditions will apply:" · On Page 28, Sections l.a. and b. will be deleted. · On Page 29, Section 1.B, the last sentence will be changed to read, "A list of these firms shall be assembled from records of the CRA." · On Page 30, Paragraph D will be deleted. · On Page 31, last paragraph of Section 4 the words "must be" will be inserted after "contracts" and the word "are" will be deleted so that the sentence would read, "All contracts must be reviewed and approved by the CRA Attorney..." · On Page 34, in the second paragraph under "Purpose", the second sentence will be changed to read, "Each purchasing credit card is issued to a named individual and the name is clearly shown on the card." Chairman Finkelstein would also like the CRA name on the card as well. Attorney Payne will clarify this language. · On Page 35, the first paragraph is redundant and will be deleted. · On Page 35, Paragraph 3.A will be changed to read, "A purchase credit card will have limits for each Cardholder." · Vice Chair Heavilin requested Paragraphs 4.A through E. be incorporated into the Employee Agreement (Attachment II). Ms. Vielhauer will reference the terms in the manual in the Employee Agreement. 8 Meeting Minutes of (,.,,ttinued Regular Meeting Community Redevelopment Agency Boynton Beach, Florida April 17, 2003 Ms. Vielhauer inquired if the Board would like her to make the changes and bring a final draft to the next meeting for approval. Chairman Finkelstein stated that once all the changes are made and Attorney Payne has approved the final draft, it could be placed on the Consent Agenda for approval. RECESS WAS CALLED AT 8:15 P.M. THE MEETING RECONVENED AT 8:25 P.M. IX. NEW BUSINESS A. Consideration of Staff Direction to develop an RFQ for a Design/Build Team Competition for the Savage Creatures of Ancient Seas Project. Chairman Finkelstein had several comments regarding the Museum. He liked the concept of the museum and the competition idea. He was not in favor of the CRA operating and/or managing the museum, but felt that the CRA should take the lead in formulating an attraction for the area and was in favor of going to the next step. However, he was not certain what the next step should be and felt that a feasibility study by an impartial third party that was familiar with these types of projects was warranted prior to spending $75,000 for the competition. The feasibility study would confirm if staff's report on the study was on the mark and if it was not, how it should be adjusted. The feasibility study would provide better guidelines for the design/competition, as well as better financial projections. Chairman Finkelstein also had some concerns regarding the budget and the analysis in the report. He pointed out that the TIF increment was originally incorrect and he wanted to make sure that the museum could be supported financially. He would like to have the Commission's buy-in of the project since it was necessary that the City had to guarantee the CRA's loan and this might be necessary again. He suggested that this be placed on the joint workshop agenda with the Commission and the CRA. Secondly, he would like to see more buy-in from the DEP, even though it appears that they favor the project. Thirdly, the project also needs County buy-in since a $1.5 million grant is required Chairman Finkelstein pointed out that the feasibility study is important because the budget indicates that the debt projection of the CRA will grow to over $19.5 million, thereby creating $2 million in debt service per year. He would like to make certain that an impartial panel is created to review the results. He noted that the final numbers for the Promenade and the Riverwalk are not complete. Ms. Hoyland inquired who would be able to provide a feasibility study. Mr. Hutchinson responded that there is an entire industry that provides this service. Mr. Hutchinson agreed that a feasibility study should be undertaken, but he would like this linked with the design study so that the whole picture would be available. He did not think that a feasibility study alone could produce the kind of 9 Meeting Minutes of C...,tinued Regular Meeting Community Redevelopment Agency Boynton Beach, Florida April 17, 2003 information that could be garnered by utilizing architects and contractors in the study. Chairman Finkelstein agreed that the entity performing the feasibility study could not design a museum. He envisions that the feasibility study would compare and study like projects and determine if the project should move forward. Ms. Hoyland suggested that the entity selected to perform the feasibility study should be comprised of a team of people that possess specific qualifications. Chairman Finkelstein felt that staff has done an excellent job in preparing the proposal, but he would like to make sure that they are proceeding in the right direction. Chairman Finkelstein would like the entity that performs the feasibility study to be hired. He does not want the entity selected by winning a contest and he would like it a requirement that they put together a team. Attorney Payne stated that they would have to go through the CCNA process since this is, in actuality, a planning study, to which members agreed. Mr. Hutchinson felt that before the CRA can ask for a buy-in by the City, County and DEP, it needs to be determined that the museum is feasible, which will be determined by the study. Chairman Finkelstein had no objection to moving forward with the feasibility study before going to the Commission for their support. Chairman Finkelstein passed the gavel to Vice Chair Heavilin. Motion Mr. Finkelstein moved that staff formulate an RFQ for a multi-party firm to bid on a feasibility analysis for the Savage Creatures of the Ancient Seas Museum and bring it back to the Board for approval. Motion seconded by Mr. Fenton. The motion unanimously carried. D. Consideration of the Distribution List for CRA Meeting Minutes Mr. Hutchinson reported that when' the agenda packets are distributed they include the minutes of prior meetings. He noted that the Clerk's Office also mails the minutes to members. He felt that this was a redundancy and asked members which method they would prefer to receive the minutes. Vice Chair Heavilin suggested only getting the minutes from the City Clerk's Office since they are sent out before the agenda packets and provides members more of an opportunity to read them. Mr. Hutchinson said that the minutes must be included in the agenda packet in order for the Board to approve them. Ms. Hoyland did not think it was necessary that the City Clerk's Office send out the minutes. 10 Meeting Minutes of t...ntinued Regular Meeting Community Redevelopment Agency Boynton Beach, Florida April 17, 2003 Attorney Payne said that she would speak to the City Clerk to determine what procedure should be followed. Ms. Hoyland asked if the minutes could be e- mailed and was informed that they could. Ms. Hoyland said that she would prefer this method. Motion Ms. Hoyland moved that the Board Attorney investigate further whether or not the minutes need to be forwarded to the CRA Board members from the City Clerk's Office. If it is a policy or requirement that they must be forwarded by the City Clerk's Office, then the members on the Board that wish to have them sent electronically, i.e., e-mailed, can have that done or if they wished to have them mailed by regular mail they could opt for that as well. Motion seconded by Vice Chair Heavilin and unanimously carried. X. Other items Chairman Finkelstein noted that there was an item under consent on the agenda for the first half of this meeting held on April 8, 2003 that had questions for the Board and should not have been under consent. The item dealt with the justification of a budget transfer request and how often the Board would like budget transfer requests submitted for Board approval. There also was a question if the Board would like a variance report to be included. In order to address the item, it needs to be removed from the consent agenda. Motion Ms. Hoyland moved to pull the item "Justification for Budget Transfer Request" from the Consent Agenda for discussion. Motion seconded by Mr. Fenton and unanimously carried. Chairman Finkelstein pointed out that he had asked Ms. Vielhauer to do a survey to determine how other CRAs handle this situation. He explained that when a line item is overspent there is a negative in the column that would have to be either adjusted or a variance report would have to be submitted explaining why there was a negative in that column. Ms. Vielhauer asked if the Board would like this done on a monthly basis and Chairman Finkelstein felt that this was too often. Mr. Hutchinson pointed out that the budget year is almost over and the reason staff is requesting direction on this was because there needs to be a reason why various line items have been adjusted. He felt that twice a year would be sufficient. 11 Meeting Minutes of C..itinued Regular Meeting Community Redevelopment Agency Boynton Beach, Florida April 17, 2003 Motion Vice Chair Heavilin moved to prepare a Justification for Budget Transfer Request through the end of June 2003 and then semi-annually. Motion seconded by Mr. Fenton and unanimously carried. With regard to a variance report, Chairman Finkelstein felt that quarterly statements should be sufficient and that the report simply state what categories were off budget and why they were off budget. Mr. Fenton asked what was considered a "large variance" and Ms. Vielhauer said that this could vary. Motion Mr. Fenton moved that a Variance Report be submitted on a quarterly basis beginning in June 2003 to coincide with the fiscal year. Motion seconded by Vice Chair Heavilin and unanimously carried. A. Presentation of Certificates Chairman Finkelstein read and distributed Certificates of Appreciation presented by the Mayor and City Commission to the Board members' who were not present at the Annual Board Dinner. Xl. Adjournment There being no further business, the meeting was properly adjourned at 9:05 p.m. Respectfully submitted, Barbara M. Madden Recording Secretary (April 18, 2003) 12