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Minutes 03-09-11 MINUTES OF THE COMMUNITY REDEVELOPMENT AGENCY BOARD MEETING HELD ON TU&SDAY WEDNESDAY, MARCH 9, 2011 AT 6:30 PM IN CITY COMMISSION CHAMBERS, CITY HALL, 100 E. BOYNTON BEACH BLVD., BOYNTON BEACH, FLORIDA PRESENT: Jose Rodriguez, Chair Marlene Ross, Vice Chair James "Buck" Buchanan Woodrow Hay Steve Holzman Mark Karageorge Bill Orlove Vivian Brooks, Interim Executive Director James Cherof, Board Counsel I. Call to Order - Chairman Jose Rodriguez Chair Rodriguez called the meeting to order at 6:30 p.m. II. Pledge to the Flag and Invocation Chair Rodriguez gave the Invocation followed by the Pledge of Allegiance to the Flag which was led by Mr. Orlove. III. Roll Call The Recording Secretary called the roll. A quorum was present. Chair Rodriguez congratulated Ms. Ross and Mr. Hay on their election victories. He further explained the Board was now comprised of the City Commissioners and two citizen members. Chair Rodriguez requested the members be cordial and respectful to each other and follow Robert's Rules of Order to maintain orderly meetings. He welcomed the two new members. IV. Legal: There were no legal issues to discuss; however, Attorney Cherof requested Old Business - Items B and Item C be tabled or moved to Informational Purposes Only as these are matters involving letters of claim by the County. Legal staff was in the process of researching how to deal with the County on both items and Attorney Cherof would report back at the next meeting. Motion Mr. Hay moved to table. Mr. Karageorge seconded the motion that passed unanimously. V. Agenda Approval: A. Additions, Deletions, Corrections to the Agenda Mr. Karageorge requested pulling Consent Agenda, Item E for comment and added New Business, Item G - Inventory of Vacant Office/Retail/Commercial/lndustrial in CRA. 1 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, FL March 9, 2011 Ms. Brooks pulled Consent Agenda Item B for discussion Chair Rodriguez requested the addition of Old Business Item 0.1 - Motion to Reconsider Tabling the Responders to the RFP for the downtown projects versus dismissing them. B. Adoption of Agenda Motion Mr. Holzman moved to approve as amended. Mr. Orlove seconded the motion that carried unanimously. VI. Informational Items by Board Members & CRA Attorney: Mr. Karageorge offered thanks to all and to God for the opportunity to serve with this Board. Vice Chair Ross welcomed Messrs. Buchanan and Karageorge to the Board Mr. Buchanan congratulated Mr. Hay and Vice Chair Ross on their re-election to the City Commission. He also expressed his wishes that Messrs. Norfus and Scantlan remain engaged with the City because they are important contributors. Mr. Hay congratulated everyone who took part in the election. He inquired about the seating arrangements made by Chair Rodriguez and requested a response in writing. Chair Rodriguez requested Attorney Cherof send a memo in response to Mr. Hay. VII. Announcements & Awards: A. Ocean Avenue Concerts Vivian Brooks, Interim Executive Director, announced the Oceanfront Concert would be held on Friday, March 18th just east of the Schoolhouse Children's Museum. The band is Wild Fire. Food and beverages will be available for purchase. B. Movies on the Ave Movies on the Ave will feature the film, Toy Story on Friday, April 1st Just east of the Schoolhouse Children's Museum The event starts at 7 p.m. and snacks and beverages will be available for purchase. C. Mayor's Walk - March 19,2011 The Second Annual Mayor's Challenge RunlWalk will be on Saturday, March 19th beginning at 7:30 a.m. There will be a chalk event for family members. This is a free event. Chair Rodriguez had posters available regarding the Mayor's Challenge and offered them to anyone interested in displaying the poster within their communities. He explained the route of the RunlWalk. The CRA has pledged $3,000 and money was donated by sponsors. Chair Rodriguez was not sure any of the CRA money would be used. 2 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, FL March 9, 2011 Mr. Hay asked about the average attendance at the Movies on the Ave. Ms. Brooks responded the weather contributes to the attendance. In the past, there have been from 50 to 150 people in attendance. Chair Rodriguez explained that some of the feedback he received has indicated that it is very difficult for working people to get to the movie by 6:00 p.m. The time is challenging. Ms. Brooks agreed to relay the message to Ms. Biscuiti. Further, the time change would change the start time of the movie. Chair Rodriguez had posters available regarding the Mayor's Challenge and offered them to anyone interested in displaying the poster within their communities. He explained the route of the RunlWalk. The CRA has pledged $3,000 and money was donated by sponsors. Chair Rodriguez was not sure any of the CRA money would be used. VIII. Consent Agenda: A. Approval of Minutes - CRA Special Board Meeting February 1, 2011 B. Approval of Minutes - CRA Board Meeting February 8, 2011 This item was pulled. C. Approval of Period Ended February 28,2011 Financial Report O. Monthly Procurement Purchase Orders E. Approval of Rent Subsidy Grant to Hotdog-Opolis This item was pulled. IX. Pulled Consent Agenda Items: B. Approval of Minutes - CRA Board Meeting February 8,2011 Ms. Brooks corrected the minutes on Page 5, third sentence from the end, "There were non- audit services during the fiscal year." The sentence should be corrected to read, "There were no audit services during the fiscal year." Susan Harris, Finance Oirector, clarified the correction should read, "There were no non-audit services during the fiscal year." Motion Vice Chair Ross moved to approve. Mr. Holzman seconded the motion that carried unanimously. E. Approval of Rent Subsidy Grant to Hotdog-Opolis 3 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, FL March 9, 2011 Mr. Karageorge pulled this item because he was concerned that the document was signed by Mr. Katz and he recalled Mr. Katz had passed away It was clarified by staff that the signature was of Mr. Katz. the son. Motion Mr. Karageorge moved to approve Item E. Mr. Orlove seconded the motion that carried unanimously. X. Information Only: A. CRA Policing Activity Reports - New Format g,. Public Comment Log C. Metropolit3n Policy Progr3m The Brookings Institute "Turning Around Oowntown Twelve Steps to Revit3lization" Satisfaction of MortQaQe - The Related Group - Marina Purchase XI. Public Comments: (Note: comments are limited to three minutes in duration) Mike Williams, Habitat for Humanity South Palm Beach County, 181 SE 5th Avenue, Oelray Beach, explained his comments were an effort to correct a perception with respect to the families that purchased homes from Habitat for Humanity, their volunteers and partners, that were expressed at the February 8, 2011 meeting. It was if Habitat puts 21 homes together in one location, that these properties would revert back to the state of the prior properties which dictated them being torn down. Public comments at that meeting indicated the Agency could not put poor people in homes there and not tell them how to take care of them Mr. Williams clarified that perception was wrong as the families are hard working. Many of the owners were present to introduce themselves and that will start changing the perception He pointed out that Habitat for Humanity does not just build houses, they change lives Levi and Cynthia Greg, 507 NW 13th Avenue announced they were Habitat Homeowners. not employees of workforce housing. Tee Juste, works for Publix Supermarket, gave his address, and advised he was a Habitat for Humanity homeowner Renette Nelson, 240 NE 12th Avenue, has been working for Walmart for seven years and was a Habitat homeowner. Charlene Edwards, a Boynton Beach City employee for 10 years, lives at 228 NW 7th Avenue She spoke about Habitat and advised it is not a handout, it is a hand-up. When it comes to maintaining a home, recipients have to donate 500 hours of work on a home so when they are in the home, they can take care of it. Habitat for Humanity helps them to understand the importance of maintaining the inside and outside of the home. Without Habitat for Humanity. she would be unable to afford a home in this economy as it presently is. She is a single mother 4 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, FL March 9, 2011 has two sons in college, and her daughter is in high school. Habitat for Humanity helped her a lot. Gertrude Sullivan, 201 NE 6th Avenue, commented she believed the matter was related to a statement she had made. When she spoke with Habitat for Humanity, she explained they were not putting Habitat down, only that the community did not want them to build on that side of town and there are many other places to build. She was aware the Board could put them there, but the community did not ask for housing; they were asking for buildings to put the people to work and to create business on MLK Boulevard. It was not just for a multicultural building they could use for different things. She emphasized she was not putting Habitat down and her comments were misunderstood. Henry Thompson, a Habitat homeowner, has been working for the City of Boca for 10 years and has been in his home for seven years. Habitat brought him a long way financially, and he learned a lot about homeownership. He pointed out when one builds their own home, one learns how to take care of it. He was a very proud Habitat homeowner. Wendel Lawrence, 411 NW 1st Street, has been with Habitat for Humanity since 2006. He is married for 11 years and has three children. He advised Habitat does not just pick anyone. They have training so the owners can stay on track and know how to maintain and afford the home. He receives a lot of compliments on his home. He thanked Habitat for being so supportive and he did not see a problem with Habitat building anywhere in Boynton because they do not bring in just "anyone". He encouraged the Board to trust them. Marissa Johnson, 514 NW 12th Avenue, is a proud Habitat for Humanity homeowner and a resident of Boynton Beach for 30 years. She was not proud of her neighborhood but she believes it can be changed. She was the only Habitat homeowner there and she strongly believes in Habitat for Humanity. She is a single mother, with another child on the way and Habitat has allowed her to complete her college education. She will graduate with three degrees. Latyoya Roberts, 236 NE 12th Avenue, a proud Habitat homeowner, proclaimed Habitat was a good association. It is very family oriented and she loved the process of meeting new people and building and owning her own home. Without them she could not do it. She gave kudos to Habitat for Humanity. Chair Rodriguez closed public comments. Mr. Hay spoke about Habitat for Humanity and to the individuals, and explained there were some misunderstandings. He thinks Habitat is a great program and he, personally, helped build Habitat homes and was planning to help build more. He supports building even better homes in terms of square footage, and expressed if the Board forced them to build something better and provides more choice, he would support it. Mr. Hay did not want the attendees to leave the meeting disillusioned and clarified he did not want to put only Habitat homes in that area. He supported bringing in other development and providing a choice of housing so that overall, homeowners could upgrade their property values 5 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, FL March 9, 2011 should they decide to sell. Mr. Hay offered to talk with any of the attendees and planned to work with Mike Campbell to build additional homes in Boynton that are Habitat homes. Chair Rodriguez commented they are proud of the work Habitat did in Boynton Beach and gave kudos to the organization. There is an RFP being issued for the 21 homes and the Board will consider all options. He appreciated the comments. XII. Old Business: A.FY 2009-2010 Presentation-Audited Financial Statements Review of Promenade DIFA Audit Report Ms. Brooks explained Boynton Waterways Investments, LLC, the developer of the Promenade, submitted all of their documents to staff and legal reviewed them. The Attorney believes there is a minor glitch in some of the language recorded in the condominium document and recommends recording a language change. Ms. Brooks confirmed everything else that was submitted met the criteria of the DIFA. James Cherof , Board Counsel, explained there was one clause in the Restrictive Covenant language of the DIFA that indicated the covenants regarding parking and other public area covenants would remain in effect for no less than 30 years, the term of the project, not withstanding any foreclosure of the property. The condominium documents, filed of record, tracked all the restrictive covenant language from the DIFA, but dropped the 30-year term clause. The developer’s attorney felt other language in the document that was recorded indicated there would be perpetual use of the property and the restrictions would be perpetual in nature. However, Attorney Cherof felt there would be the potential for conflict and the developer agreed to re-record at least a provision of the document to reflect the clarification. This change could be accomplished in a few days. Chair Rodriguez inquired about the public access the DIFA contained and what it is. Ms. Brooks explained Pete’s Pond had areas the public could walk along. The land was the developer’s property but they have a restrictive covenant that it is for public purposes and that was what they submitted in their original application for funding. Access was until midnight. The property was open and not gated. The language referenced was the only inconsistency. Mr. Holzman was disappointed there was no representative from the Promenade available, and expressed they are receiving taxpayer funds. He inquired if the Board could obtain an update on an annual basis, if not on a semi-annual basis, of how many units were rented, who owned the property and if there was any ongoing litigation. He felt, after reading the DIFA, they were entitled to the information. He suggested the Board write a letter to the developer requesting their appearance at the next regular meeting to discuss what was occurring with the property. Units were rented and he wanted to know what is going on with the public dollars. Chair Rodriguez explained the gist of the development is to increase the tax base. The Board may not have discretion to dictate whether it is rental or owned or the impact of the development and on the value. It depended on what was in the DIFA. 6 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, FL March 9, 2011 Attorney Cherof had read the developer’s letter and did not know what they were referring to about proprietary information. Most of the information the Board sought would be available through a public records search and their marketing materials which should be public. Nothing in the document would prohibit the developer from appearing before the Board. He commented the Board should view the developer as a partner in the transaction for the next 10 years. The developer also had indicated they had a scheduling conflict and that they had wanted to appear, but were unable. Attorney Cherof explained the Board could extend an invitation to them to attend the next meeting. Ms. Brooks had requested they appear at the meeting to make a presentation, but the letter they received this afternoon indicated they had a conflict with a Commission meeting in Delray. Mr. Orlove had also inquired about the matter. The CRA meeting would normally have been held yesterday but was moved due to the Election. Mr. Hay agreed extending the matter to the next meeting was appropriate. Attorney Cherof was satisfied with what occurred regarding the document and that they met the requirements of the DIFA. They should have a recorded document back by the next meeting. Motion Mr. Hay moved to table the item to the next meeting for presentation. Mr. Buchanan seconded the motion that unanimously passed. B. Review and Approval of Letter to Boynton Waterways Investment Associates, LLC Re: DIFA (Promenade) Request from Palm Beach County for Repayment of Development Regions Funds for Delray-Boynton Academy in the Amount of $50,000 This item was tabled. C. Continuation of Construction Manager at Risk-Tabled 1/11/2011 & 2/1/2011 Request from Palm Beach County for Repayment of Development Regions Funds for KU Holdings in the Amount of $50.000 This item was tabled. D. Kaufman Lynn, Inc. Construction Manager at Risk Presentation-Tabled 2/1/2011 Budget Amendment for Kaufman Lynn Project Agreement Ms. Brooks explained based on direction from the last meeting, staff needed a budget amendment to fund the difference from what they originally budgeted last year at the budget workshop, which was $770,000. Staff prepared a Resolution and an attached spreadsheet, indicating what line item the funds would come from. Ms. Brooks reviewed those sources. Mr. Orlove inquired when the new office would be available. Ms. Brooks responded within 90 to 120 days. The permit was issued last week. It was noted the agenda item said the office would be available in July. The Agency would save four months of rental fees on the new facility because they do not pay until they enter the premises. 7 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, FL March 9, 2011 Mr. Hay thought there had been discussion about not touching the $100,000 for the Ocean Breeze project. Chair Rodriguez explained the Board had budgeted funds for the Community Redevelopment Agency to build the homes; however, the Board opted to issue an RFP which was on the agenda for next month. Mr. Orlove suggested Mr. Hay may be thinking about the conversation pertaining to the Neighborhood Stabilization Program Funds. Motion Mr. Karageorge moved to approve the budget amendment for the Kaufman Lynn project agreement. Mr. Holzman seconded the motion. No public comments were received and the motion passed unanimously. D.1. Motion to Reconsider tabling the responders to the RFP for the Downtown projects versus dismissing them. Chair Rodriguez brought this item up as a safeguard because the Board had no backup plan. Mr. Orlove thought they had to reject the bid in order for the Board to accept working with Kaufman Lynn. Attorney Cherof confirmed that as correct. In order for the Board to reconsider the matter, the Board would be placing Kaufman Lynn into an Option B category and the Board could not act on approval of their task order until the Board disposed of the RFP proposals. Mr. Orlove summarized the Board was moving forward with Kaufman Lynn. If that did not work out, the Board could reissue an RFP. Chair Rodriguez inquired what option the Board could take to have a backup. Attorney Cherof responded the Board would need a motion to reconsider that passed, or a motion to rescind the previous action of the Board rejecting the RFP proposals, and withdrawing the RFP. The Board cannot take action on awarding the task order to Kaufman Lynn because the RFP takes precedence. Both cannot coexist at the same time. Chair Rodriguez withdrew his discussion on the item. E. Consideration of Approval of Task Order No. 2 under continuing contract with Kaufman Lynn for Ocean Avenue Projects in the amount of $955,388. $953,388. Ms. Brooks explained this was a work in progress between Attorney Cherof and Mr. Kaufman's attorney with much input between both entities. The task order contains all of the items they are required to perform that came from the RFP and how they would handle the special and standard conditions, the project, timing, late fees, etc. It was a guaranteed maximum price. Kaufman Lynn had already been out measuring, was lining up the subcontractors and was ready to go if the Board approved it. Chair Rodriguez inquired about the timeline for the projects. Mr. Cavosa, Kaufman Lynn representative explained all of their schedule reviews have indicated eight weeks per project. If all three permits are ready at the same time, all three projects could be completed concurrently in eight weeks. If staggered, up to 24 weeks. Ms. Brooks explained the marina entryway feature and amphitheater permits were obtained. The Ruth Jones permit was sent back with minor comments, which staff addressed and resubmitted. Ms. Brooks anticipated the permit would be received in a couple more weeks. 8 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, FL March 9, 2011 Two projects would be constructed concurrently and the third constructed separately. The developer provided the bond and was ready to go. Attorney Cherof was okay with the task order and explained it incorporated all the terms and conditions as originally drafted and first rejected in favor of a project agreement. That project agreement concept was put aside and they are back to the task order which contained the needed terms and conditions. Motion Mr. Karageorge moved to approve Task Order No. 2 with Kaufman Lynn for the Ocean Avenue projects in the amount of $955,388. $953,388. Mr. Hay seconded the motion. No public comments were received and the motion passed. F. Consideration of Entering into Agreement with Palm Beach County Commission on Ethics. This item came before the Board in October. Attorney Cherof summarized the original concept was that by the City entering into the agreement, it would cover all subsidiary or affiliated entities. The Executive Director of the Commission on Ethics did not agree and would not treat the Agency as an ancillary organization. They wanted a separate agreement in the nature of a Community Redevelopment Agency. The proposal was to enter into an agreement where the Commission on Ethics would provide investigatory services to the CRA under one of two options. One would be to provide services on an hourly rate. The second was to provide a lump-sum amount, based on different categories of activities, advisory opinions, complaints, training, etc Chair Rodriguez inquired if the Board would make the expenditure prior to any situation arising. He further asked if the Board would approve the investigation or whether the assumption was if someone filed a complaint, they would provide the service and use the funds. Attorney Cherof commented it would take place under the second scenario. The Board did not have to approve or disapprove a complaint. It was noted under this option, there could be complaints coming from anyone that would result in the budget being drained. Discussion followed about which option would be best. Attorney Cherof was unaware of what other agencies have done. Inquiries about it had been made but no responses were yet received. He recommended that paying on an hourly rate basis would be more fiscally prudent because they control it on an issue-by-issue basis. If they do not want to expend the funds, the Agency could advise the Commission there is no more money. Chair Rodriguez expressed the opinion was contrary. Attorney Cherof clarified it was a funding issue because the Commission needs the appropriation of funds. They can not provide the service unless the CRA pays for it. He recommended the Board approve it on a case-by-case basis, and not issue a blank check for any case that is filed. The Agency should set aside funds up front in anticipation of an expenditure for at least one case. Attorney Cherof was unsure the Commission on Ethics would accept an agreement under those terms. The Board has not discussed that aspect with them. Mr. Orlove inquired what kind of situation would lead to the Director of the Commission on Ethics billing the Agency $89 per hour and how many hours would they spend on it. Attorney Cherof responded it would usually entail something along the lines of an informal advisory 9 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, FL March 9, 2011 opinion, which has been done on behalf of the City. He pointed out the City does not have to pay for it under the City’s agreement. In that type of case, it usually involved a telephone call, minimal discussion, an opinion, and then a call back. In some cases, the Commission responded within an hour with an advisory opinion. Mr. Karageorge was familiar with the City's version. He thought it was a money grab by the Commission on Ethics. What the Commission would be doing for the City would be no different than what they do for the CRA. The proposal could be very costly to the CRA and some of the items could be minutia. He inquired why the Commission could not treat the CRA the same as the City because they are doing the exact same thing. Attorney Cherof explained an individual having a complaint also can use the State Commission on Ethics where they would receive no bill. The Commission would perform the same service. It was a policy decision for the Board. Mr. Buchanan requested confirmation that if there is a complaint, the Board still had to fund it even if no funds were available. Attorney Cherof did not believe they would not investigate. He explained the unknown aspect of the County’s Commission on Ethics law is that the Board had no control over the number of individuals who file complaints or whether the complaints were founded or frivolous, but they have control, if they pay for it. Mr. Holzman thought the Board could wait until something comes up or use the State Commission. Attorney Cherof commented he suspected that if there was a complaint against the Community Redevelopment Agency and there was no funding, the County would advise the complainant to take it to the State Commission. Complaints can be lodged with both the County and State. If a complaint is filed with the State and a threshold passed, the State investigates it. Mr. Hay inquired what leverage Attorney Cherof had as legal counsel. Attorney Cherof explained his opinions to the Board have a greater weight than the County's Commission on Ethics. His authority is to say the Board does not like the deal and the Board would like to negotiate something different than what the Commission originally proposed, which was the Community Redevelopment Agency would be covered in the same manner as the City. The Board does not agree with the County’s determination that they have made on the matter. Chair Rodriguez liked Attorney Cherof’s thoughts and agreed the Board has the option of going to the State, and/or initiate investigations on its own. He thought the Board should allow Attorney Cherof to try to negotiate the service as part of the City’s function. Motion Mr. Buchanan moved the attorney go back and renegotiate. Mr. Holzman seconded the motion. There was no public comment on the issue. The motion passed unanimously. F. G. Inventory of Vacancy Office/Retail/Commercial/Industrial in CRA. In 2006, an inventory of the CRA's vacant office, retail/industrial/commercial properties was conducted. It was periodically updated so that as the Agency tried to attract new business to the City, they would have current information. The Chamber of Commerce was putting together an economic development committee and he would like to have that information available to them so they can market it. 10 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, FL March 9, 2011 In addition to that with the Chamber of Commerce, Mr. Karageorge wanted to continue to partner with the Palm Beach County Business Development Board. By having them aware of this, it is a good opportunity for those outside of South Florida and Palm Beach County to bring their business to Boynton Beach. He wanted to direct staff to semiannually update the inventory and partner with the Chamber of Commerce and the Palm Beach Business Development Board for the marketing of the office/commercial/industrial properties. Chair Rodriguez thought it was a good idea. He noted when the CRA created its video, they inquired about how to know if the video was effective. The vacancy rate could be a measurement of its effectiveness. He pointed out the City has a Development Department who should be doing that throughout the City. The Board should recommend to the City Commission that City staff undertake that project because the properties are City-wide and overlap the Community Redevelopment Agency District. Chair Rodriguez had a discussion with Mr. Jergensen from the Chamber of Commerce. Chair Rodriguez commented no one contacted him about the need for additional information and he did not want duplication. He thought the suggestion had value, but thought the City should do it. There was contact between the Chamber of Commerce and the Community Redevelopment Agency. Mr. Karageorge explained the Development Department annually issues a Development Atlas and by the time it is issued, it is antiquated. The best impact can be made through partnerships with the CRA and those two entities. The Chamber of Commerce does work with the Development Department. The problem has been when the Department has been requested to produce information, they are very slow and that is where the connotation of the Department was not business-friendly comes from. Mr. Karageorge thought his proposal would be faster, result in a better bang for the buck, and build relationships better than by going through the City. Chair Rodriguez agreed there were challenges in the Development Department. His job, as Mayor, is to hold the City Manager accountable for results and for delivering what the City Commission expects of them. He believes if they are not performing, then they should be held accountable. His feeling was it was a matter for the City Manager. Mr. Buchanan commented if the Business Development Board is trying to bring business here and there is some way to expedite giving them the information, even if it is not perfect, it should be done. He thought as an intermediate measure that, if they provide what they have, there was a greater chance that the Business Development Board can assist Boynton Beach. He agreed with the Chair’s comments, but as a matter of expediency, the Board should go forward with what it has, see what happens, and update it. Ms. Brooks clarified there is a service the City could subscribe to for most of the commercial property outside the CRA. There are some large industrial and retail spaces in the City that get picked up by companies that measure them, but it is a service that is paid for. The CRA District is different. It is small and the companies have no financial reason to pick up the parcels. That was why staff undertook the endeavor. They created an extensive database with every PCN number. Staff used interns every summer to update it so staff has an idea of what they have. They will update it again this summer because it is labor intensive. Most properties were not at a grade level, or large enough to peak interest from the companies, so staff had to generate the information. The City could subscribe to a service for it because most space outside the CRA is of a level these outside companies track. 11 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, FL March 9, 2011 Mr. Holzman confirmed staff was already doing what Mr. Karageorge was asking. Staff suggested adding another page to their web page. It would be another source of information: it is color coded as to what is for sale, and has links to the Chamber of Commerce and the Business Development Board. These were easy fixes, but an intern was needed for the update. Interested parties call and staff looks through their database. Ms. Brooks knew nearly every property and every owner. There was also an excel spreadsheet available. Mr. Orlove appreciated the Chair’s comments, and added the CRA affects the City. Perhaps the City Commission could instruct the Development Department to work with the CRA or do the same thing City-wide. There was synergy between the CRA and the City. It was just a matter of ensuring it is done and that the City Manager makes sure the Development Department does it. Chair Rodriguez commented the Agency needs to collaborate and it appeared there was agreement. He assumed the Development Department had something compiled and the Board could make a recommendation to the City to act on that and work in conjunction with the Community Redevelopment Agency. Margee Walsh, Marketing Director, added Carisse LeJeune, Assistant to the City Manager, had worked with her to provide information to the Business Development Board with shovel- ready projects for both the City and Community Redevelopment Agency. They follow-up with it with the Communications Director at the Business Development Board. Once the promotional video is done, they will submit it to the Business Development Board to have that online. She agreed they could add it to the webpage. Chair Rodriguez summarized the Board will direct the Executive Director to continue doing what staff was doing and corroborate with City staff for a full-service, city-wide update/inventory to support their Business Development efforts. Mr. Orlove added that the City Commission, at the first meeting in April, could direct staff to do that. Mr. Hay agreed there should be a link, it should come from the Board to the City, and the Board also make a recommendation so the information is made known. Motion Mr. Holzman so moved. Mr. Hay seconded the motion that unanimously passed. XIII.New Business: A. Consideration of Funding Community Gardens in the Amount of $450.00 At the February 8th meeting, Victor Norfus, the Manager of the Community Gardens, requested funding and spoke publically for support and supplies. He provided a letter containing a list of supplies and their associated costs which was $450. The funding could come from the Heart of Boynton Project line item. If the Board was inclined to approve the request, they could ask for photographs and outcomes of the garden, i.e. how it impacts the community. Community Gardens are great and when managed properly, could be an asset, especially for the elderly. 12 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, FL March 9, 2011 Motion Mr. Hay moved to approve. Mr. Orlove seconded the motion. Mr. Karageorge inquired what the balance was in the HOB fund. Ms. Harris responded, it was approximately $175,000 out of the original $1.6 million. The motion was passed unanimously. B. Consideration of Sponsoring INCA’s Annual Picnic in the Amount of $175 Mr. Buchanan recused himself from the discussion and vote. Ms. Brooks reviewed the item. There was an unanticipated charge to use the facility. This was the community’s annual picnic, but it had grown so large, a larger facility was needed. The funds could come from the Board Community Support line item. Mr. Orlove inquired if the Board does this for other entities in the CRA. Ms. Brooks responded any community group can appear and there is a line item for community support. It is the Board’s discretion what they want to fund and she added the request was not an unusual request. The Board has funded picnic’s before. Ms. Harris commented the remainder of the line item minus a potential $3,000 deduction for the Mayor’s Walk would leave $3,500. Chair Rodriguez noted INCA has paid for everything associated with the picnic. The request was only for permit expense for the facility. Motion Mr. Hay moved to approve. Mr. Karageorge seconded the motion that unanimously passed, (Mr. Buchanan abstained from voting.) C. Consideration of sponsoring the Florida Trust for Historic Preservation’s 2011 Annual Conference. Rick Gonzales, a member of the Trust for Historic Preservation sent the request to see if the Board wanted to support the Conference. It is a non-profit group to support Historic Preservation throughout the State. Sponsorship would enable a Board member or someone of the Board’s choosing to attend. Sponsorship levels ranged from $225 to $5,000. The conference was an educational conference for Board members, staff members or members of Historic Preservation Ad Hoc Committees. Ms. Brooks thought it would be beneficial for the individual responsible for overseeing the Historic Preservation Ordinance or a member of the Historic Preservation Ad Hoc Committee attend. Mr. Holzman was concerned about what would be gleaned from the sponsorship. The cost of travel also was concern. Mr. Karageorge commented the Board would receive a minimal return. Vendors, architects, engineers and different companies would be present and there was a trade show on the premises, but he did not see the return on investment. Chair Rodriguez inquired if participation would help with the impact on the Old High School study. Ms. Brooks responded it was an educational conference and it was held just like any conference a professional would attend. Attendees would learn about best practices. 13 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, FL March 9, 2011 Mr. Orlove suggested they pass this onto the City Planning Department. He saw value in the conference, but he was unsure the CRA should bear the cost. If the City was overseeing the Historic Preservation Board, that would be the place to forward it to. Chair Rodriguez agreed and suggested they make a recommendation the City Commission look at the event for funding. Motion Mr. Orlove so moved. Mr. Buchanan seconded the motion. Vice Chair Ross saw value in the conference and thought the City would consider it, especially since they were moving forward with Historic Preservation. They should make sure they include the Community Redevelopment Agency, but there was also the Historic Preservation Ad Hoc Committee. Barbara Ready , 329 SW 13th Avenue, attended last year’s conference in Palm Beach County. She commented it was a valuable event to attend as a learning experience. Attendees gather with other preservationists and learn from their mistakes. It was beneficial to support them. The Old High School has been on the endangered list for three years, and the Trust was supportive and excited Boynton Beach was on the verge of joining the Historic Preservation movement. Additionally, it provided good publicity. She suggested if the Board supported it, even at a minimal level, it would be beneficial and the new Historic Preservation Planner that would be hired, would be the proper individual. Mr. Orlove responded if that did not occur, someone from the Planning Department staff or a member of the Historic Preservation Board could attend Ms. Ready explained several members of the Historic Preservation Ad Hoc Committee applied to be on the Review Board. She thought any one of them would be happy to attend. Vote The motion unanimously passed. D. Consideration of Entering into a Hold Harmless Agreement with Splashdown Divers. Ms. Brooks explained the Community Redevelopment Agency has a tenant at the marina, Lynn Simmons of Splashdown Divers, who has large birds at the premises that are not caged. There was a concern that people walking and admiring the birds would be injured. The Mayor also had a concern that if the birds became agitated someone could be injured. Accordingly, Attorney Cherof drafted a Hold Harmless Agreement. The CRA owns the property. Attorney Cherof explained there was no mention of pets at the premises in the original lease and Ms. Simmons was now a hold-over tenant. There was nothing in the Marina documents or other controlling documents that deal with the issue either. Mr. Holzman thought if someone was injured, these agreements do not always hold up and sometimes there are ways, when lawsuits are made or an award is given, there could be a claim against the Board which would incur legal fees. He thought sometimes incidents could be averted by asking the tenant to remove the bird from the premises. Ms Brooks responded she already had. The letter was sent as an administrative decision as opposed to a Board decision. 14 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, FL March 9, 2011 Vice Chair Ross commented staff sent a letter in 2010 requesting the birds be removed. She thought she could have the birds there responsibly. The birds were beautiful and Vice Chair Ross did not see why she was not able to keep them. Chair Rodriguez clarified staff sent the letter because it was on Community Redevelopment Agency property. He also spoke to Ms. Simmons. He agreed the birds draw people, and probably would not attack anyone as they have not attacked anyone yet, but the way to amicably resolve the matter was the Hold Harmless agreement. The document was a happy medium whether the agreement holds up or not. Mr. Buchanan agreed and thought if there was a way the Board could help a small business be more successful, and that if legal was comfortable with it, then the Board should agree to it. Mr. Hay inquired if Splashdown was U.S. Coast Guard certified and if there was any liability there. Attorney Cherof responded not that he could think of or any issue that would arise from that. Motion Mr. Buchanan moved to go forward with the Hold Harmless Agreement. Vice Chair Ross seconded the motion. There were no comments from the public. The motion unanimously passed. Attorney Cherof requested the Board return to item 12A, the Promenade Item. He commented the provision of the DIFA provides for the disbursement of funds to be made 30 days after acceptance of the annual audit or April 1st following the year it occurred. The two triggers for doing so have occurred. The Board received the annual audit, but no official action to accept it. If tabled, payment would be delayed until they accepted the audit. There was agreement the Board would accept the audit at the next meeting, and there was no need to disburse funds at this time. XIV. Interim Executive Director’s Report A. Project Status Update There was no discussion on this item. XV.Future Agenda Items: A. Discussion Regarding Process for Replacement of Executive Director – Tabled 10/12/10 . BA.Consideration of Options for VIP Area at Public Events B. B.Discussion of Ideas for “G.A.L.A. type” Event Discussion C. Consideration of Community Neighborhood Signage Program. 15 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, FL March 9, 2011 O. Consideratioan of IssuinQ an RFP for Construction, Sale and Buyer Qualification of 21 Homes on Ocean Breeze Site (April 2011) E. Consideration of Lease for 211 E. Ocean Avenue. XVI. Adjournment There being no further business to discuss, the meeting properly adjourned at 8:02 p.m t ;I-:tt .' . . ! j '.....\. ". ,/ " .l.t, lu U n \ ,.. Catherine Cherry Recording Secretary 031411 16