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Minutes 04-10-12 MINUTES OF THE COMMUNITY REDEVELOPMENT AGENCY BOARD MEETING HELD ON TUESDAY, APRIL 10, 2012, AT 6:30 PM, IN COMMISSION CHAMBERS CITY HALL, 100 E. BOYNTON BEACH BOULEVARD, BOYNTON BEACH, FLORIDA PRESENT: Woodrow Hay, Chair Vivian Brooks, Executive Director William Orlove, Vice Chair James Cherof, Board Attorney James “Buck” Buchanan Steve Holzman Mark Karageorge Mack McCray ABSENT: Marlene Ross I. Call to Order The meeting was called to order at 6:31 p.m. II. Invocation and Pledge to the Flag Chair Hay gave the invocation. Mr. Holzman led the Pledge of Allegiance to the Flag. III. Roll Call Roll call was taken. A quorum was present. Chair Hay announced Ms. Ross may be late to the meeting. IV. Legal None V. Agenda Approval: A.Additions, Deletions, Corrections to the Agenda Vice Chair Orlove pulled Item X. G – Passenger Rail. Ms. Brooks requested moving Item XII. A up on the agenda due to a presenter having a son with a medical condition. There was agreement to hear the item after Public Comment. 1 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, FL April 10, 2012 B. Adoption of Agenda Motion Mr. Karageorge moved to approve the agenda as amended. Mr. McCray seconded the motion that unanimously passed. VI. Informational Items and Disclosures by Board Members and CRA Staff: A. Disclosure of Conflicts, Contacts and Relationships for Items Presented to the CRA Board on Agenda Items Vice Chair Orlove disclosed he had spoken with Attorney Michael Weiner regarding the Boynton Waterways Investment Associates, LLC (Promenade) DIFA Payment, Item XII. A, in the past. Mr. McCray disclosed a meeting attendee stopped by his office and introduced himself, but there was no conflict of interest. B. Informational Announcements Mr. Karageorge announced he attended the Chamber Mixer at Cuthills. He also announced the Vice Chair of the Code Compliance Board, who has served the City a long time, was undergoing major surgery and requested the members keep him in prayer. He announced the Chamber would be holding its Luncheon at Benvenuto Restaurant on April 11, 2012, with County Commission Chair, Shelley Vana as the featured speaker. It was also Chamber Leadership Graduation Day and the members were invited to support the event. He wished a Happy 3rd Birthday to Caitlin Gordon. Mr. McCray announced he attended the Sunday Funday event with his grandchildren. They had a great time and he complimented staff on a job well done. Chair Hay also attended the Sunday Funday and agreed it was a great event. He acknowledged the Chamber of Commerce Luncheon with County Commission Chair Vana and advised there was a League of Cities function that day also. VII. Announcements & Awards: A.Downtown Open Market – Sunday, April 15, 2012 Kathy Biscuiti , Special Events Director, announced this event would be the last event of the season. It would be held inside and outside the Civic Center, and the Gourmet Food Trucks would be onsite. The vendors are unique vendors. There would be Indie crafts, vintage goods and handmade items available. The Cricklewood Band would be performing at the amphitheater, and the event would be held from 11 a.m. to 4 p.m. 2 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, FL April 10, 2012 B.Ocean Avenue Concert – Friday, April 20, 2012 This event would be held from 6 – 9 p.m. at the amphitheater. Attendees should bring chairs and blankets. Food trucks would be on site. The Rip Tide Band would be performing classic rock and blues. C.Movies on the Ave. – Friday, May 4, 2012 The movie Hugo would be the last movie of the season. Ms. Biscuiti explained since daylight savings time, the start time of the movie was changed to 8 p.m. and the movie would end about 10 p.m. Attendees should bring blankets and chairs and the food trucks would be on site. D.Sunday Funday – Sunday, May 6, 2012 This event would be the last Sunday Funday of the season. It would be held at the Marina from 1- 4 p.m. Rich Brochu, of the Florida Fishing Academy, would hold a fishing clinic. A Coast Guard Auxiliary boat would be present and inflatable activities for the kids would be on site. A craft table was also available. E. Ocean Avenue Concert – May 18, 2012 This event would be the last concert of the season and would feature the Clinton Powell and the CP+3 Band, who performed at the Heritage Day event. The band was a rhythm and blues band, and they would play from 6 p.m. to 9 p.m. Chair Hay thanked Ms. Biscuiti on a marvelous job. VIII. Consent Agenda: A.Approval of Minutes – CRA Board Meeting March 13, 2012 B. Approval of Period Ended March 31, 2012 Financial Report C.Monthly Purchases Orders D.Approval of Commercial Façade Grant to High Ridge Properties, LLC E.Approval of Interior Build-Out Grant to Discovery Business Services, Inc. F.Approval of Business Signage Grant to Discovery Business Services, Inc. IX.Pulled Consent Agenda Items : None. 3 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, FL April 10, 2012 X. Information Only: A. Public Comment Log There were no comments on this item. B. Letter to Harvey E. Oyer, III of Shutts & Bowen, LLP dated March 19, 2012 There were no comments on this item. C. Events Recap - March 2012 There were no comments on this item. D. Status of Grant Reimbursements to Splashdown Divers, Inc. There were no comments on this item. E. Cushman & Wakefield Economic Overview, Palm Beach Mr. Karageorge noted there was a CB Richard Ellis (CBRE) analysis included with this item, and he commented both items provided a good analysis of the market. He thanked staff for including it, as it contained a lot of information. F. 2011 Annual Report Mr. Karageorge thanked Margee Walsh, Marketing Director, and the staff for compiling an excellent, informative, and cost-effective Annual Report. G. Passenger Rail Vice Chair Orlove noted an article he read which indicated this train would be an express train hitting major areas in the Tri-County area, and then going north to Jacksonville. With the exception of West Palm Beach, it did not sound like there were local stops. Ms. Brooks explained the Florida East Coast (FEC) Railway would travel through the downtown areas. The Tri-Rail would be the express train. In meetings staff had with the Florida Department of Transportation, they were planning stops in every major downtown. Ms. Brooks noted in addition to the FEC stopping in the major downtowns, they would also stop in Old Historic Downtowns. A stop was planned between Boynton Beach Boulevard and Ocean Avenue. She was unsure whether the Boynton Downtown area would be a first-tier stop, as she thought the major municipalities would be serviced first, but there would be a stop. She noted this could occur in 2014, contingent on funding. 4 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, FL April 10, 2012 XI. Public Comments : (Note: comments are limited to 3 minutes in duration) Chair Hay opened the Public Comments. There being none, Public Comments was closed. XIII. New Business: (Heard out of Order) A. Consideration of Boynton Beach Community Farmer’s Market Ms. Biscuiti explained staff was seeking to have a Farmer’s Market on a continuing basis each Saturday from 9 a.m. to 2 p.m. at Boynton Beach Boulevard and Federal Highway. Several times in the past, the Board had expressed an interest in pursuing the endeavor, but these individuals contacted staff on their own, and two of the three were in attendance to make a presentation. They have markets in Tamarac, Plantation, and Margate featuring artisan vendors. There would be only one vendor for each item which avoided duplication of products. Staff was very impressed with the type of market they operate and was requesting an area for them to hold the market. Staff would purchase a generator for them, which was good to have for events anyway, and staff and the operator would each supply one handicapped port-o-let from May through September, which would cost about $2,500. Ms. Biscuiti confirmed she had the funds to cover the expense. In September, staff could re-evaluate the activity, and if warranted, include it in the Budget in October. A PowerPoint presentation was viewed reflecting a site map, some of the vendors, and photos taken from their other markets. Jerry Kugel , 9587 Caserta Street, Lake Worth, was present with business partner Jonathan Grodsky , from Davie, Florida. Mr. Kugel explained of the 23 vendors on his vendor wait list, about ten were local vendors; local being defined as residing in Palm Beach County or near Boynton Beach. He explained vendors from Port St. Lucie and Homestead, were interested in the market as word was spreading of its success. Discussion followed about the list of proposed vendors, some of which were already operating in their other markets. This group would limit the vendors to 30 to 35 per market. Mr. Kugel was interested in operating a market in Boynton Beach because he lives in Lake Worth. He participated as a vendor in the Farmer’s Market the CRA staff held a few years ago and was disappointed it was unsuccessful. Mr. Kugel had been a vendor in various farmers market since 2007 and the group started their first market in Plantation last year. Since then, they wanted to bring the concept to Boynton. The group would manage the markets and be a participating vendor. They examine the markets from the vendor’s perspective, select the proper mix of vendors, venues and advertising, and have been successful. Their first market started with six vendors and about 50 shoppers and grew to about 35 vendors with a waiting list and 1,000 shoppers. The markets have greatly assisted the 5 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, FL April 10, 2012 towns and draws shoppers to the area. Mr. Kugel expressed this was a prime location and they could present a great market. Mr. Kugel explained it took only a few months time to expand the market, as word spread fast. The town was also very helpful; he emailed the employees and they helped spread the word. Mr. Kugel handles the advertising through social media and would use a list of entities staff advertises with and the calendars available to them. They used the Sun-Sentinel, the Gazette and Forum newspapers in Broward County, which are the home delivery papers. They also have their own website and Facebook page. Mr. Kugel explained most local farmer’s market end by mid-May and there was further discussion the market would commence after the season ended and in the hottest months of the summer; however, Mr. Kugel pointed out this could work to the Community Redevelopment Agency’s benefit as it would provide a surplus of potential customers and vendors. He was also not adverse to using Boynton Beach vendors. Ms. Biscuiti explained once advertising begins, staff would receive a lot of calls from local individuals wanting to participate and would want input from vendors who make their own products. The market prohibited selling retail products and would only offer fresh produce and artisans with handcrafted products, the majority of which were food related. He explained they do not duplicate products. Staff had anticipated using the property on Seacrest on the west side of the Old High School; however, Mr. Kugel opted to use a lot on Federal Highway which was situated on the roadway and had better visibility. There was discussion of offering discounted rates to vendors from the Community Redevelopment Agency district; however, staff had done so in the past and problems arose. Motion Mr. McCray moved to approve this with the Community Redevelopment Agency working with the operators to bring the concept together. Mr. Holzman seconded the motion. Vice Chair Orlove suggested, if funds were available, that staff assist with advertising in publications the operators do not use, to increase outreach. He noted the market was opening at the end of the season and the more efforts to help it succeed, the better. Ms. Brooks agreed to work with Susan Harris, Finance Director, in this regard. The operators would be on site each day from start to finish. They were also responsible for insurance and would name the CRA and City as additional insured. Vote The motion unanimously passed. 6 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, FL April 10, 2012 XII. Old Business: A. Discussion of Boynton Waterways Investment Associates, LLC (Promenade) DIFA Payment Ms. Brooks explained this item was heard last month. The recipient provided the requested information and recommended approval of the request. Motion Mr. Holzman moved to approve the DIFA payment in the amount of $409,237. Vice Chair Orlove seconded the motion. Mr. Karageorge had a concern rent was collected from a tenant, but the tenant was not in operation during that time. Sam Weyland , Palm Beach Gardens resident, representing Boynton Waterways Investment Associates, responded Mr. Karageorge was correct. There was a time the merchant was not in operation, but it was at their choice due to a family issue. The merchant was now open and had met all the requirements of their lease by paying rent throughout that time period in question. The tenant was now in operation approximately three weeks. Attorney Cherof, when asked, explained it was determined the landlord met the terms of the definition. Mr. Buchanan proposed the Board review the good faith aspects of any contract and examine it closely next year. Chair Hay agreed, but noted for anyone to be successful at the location, it would come down to parking, and parking was an issue. The current lease was a five-year lease which commenced in June 2011 with two renewal options. Mr. Weyland expressed the developer was actively pursuing tenants for the other retail space. Vote The motion unanimously passed. B. Update on Sponsorships for Kinetic Art Symposium Debby Coles-Dobay , Public Art Administrator, provided a short video on Kinetic Art which the members viewed. Mr. Karageorge inquired if Puradyn Hydraulics had been approached as a potential sponsor as there may be a symbiotic relationship there. Ms. Coles-Dobay agreed to follow-up. Vice Chair Orlove thought it was good to have in-kind and cash donations. He inquired if anything was occurring with Wind Capital Group or FPL. Ms. Coles-Dobay responded she had a recent conversation with FPL and was advised it may take a few years for 7 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, FL April 10, 2012 funding to come through. Another component she was working on was the educational portion with the South Florida Science Museum, who had dedicated funds for the project. Although the Museum was not within the City, those types of connections were occurring throughout South Florida and elsewhere. The Wind Capital Group was interested in assisting, but she did not have a formal commitment. Word was anticipated within the next few weeks. The County Cultural Council was a sponsor and was also providing in-kind services. As to museums, the Boca Museum was interested in having satellite exhibits showing the work from the artists exhibiting in Boynton Beach or extending the exhibit. Mr. Holzman inquired if the funds raised, to-date, were sufficient to cover expenses from now until the end of the event, and as to the in-kind contributions, if she felt secure the event could be held without having to approach the City or Community Redevelopment Agency for funds. Ms. Coles-Dobay responded she felt the funds acquired were sufficient to hold the event as planned. The educational portion of the event could occur, but it was not a vital component needed to hold the exhibit and symposium. She emphasized the in-kind donations were as important as cash because it was a barter arrangement. C. Consideration of Extension of Time to Splashdown Divers, Inc. to complete its Interior Build-Out and Commercial Façade Projects. Ms. Brooks explained a communication was received from Ms. Simmons requesting an extension. Ms. Simmons had 90 days to complete the interior build-out, which would have ended on April 9th. The Commercial Façade was granted on January 10th giving her 120 days to complete the project, by May 9th. She noted there was a history of extensions and the agenda item detailed the variances from the grants she received. Lynn Simmons , Proprietor of Splashdown Divers, 640 E. Ocean Avenue, Unit 14, requested the extension due to a lack of funds. Attorney Cherof suggested the Board review this item periodically, and consider an extension to be reviewed at the May 8th meeting. Vice Chair Orlove inquired about the executed contract and W9 form. Ms. Brooks explained the Agency would pay the contractor directly and had just received the contract from the contractor yesterday. Now that it was obtained, Ms. Simmons could go forward with the work. This was one of the waivers granted to Ms. Simmons as other recipients had to lay out the funds up front and the Agency reimbursed them. This accommodation was made in January. The extension was needed because the work had not been done. Ms. Simmons explained she was waiting for an architectural drawing and the architect required a $500 payment upfront. Ms. Simmons explained she did not have the money 8 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, FL April 10, 2012 and the contractor could not proceed because the City would not issue any permits until the architectural drawings were received. Motion Mr. Holzman moved to extend the contract to complete the necessary items under the grant until May 8, 2012. Vice Chair Orlove seconded the motion for discussion. Vice Chair Orlove explained to Ms. Simmons the Board was assisting her in a way that they do not normally do. He inquired what would be an appropriate extension. Ms. Simmons hoped the build-out would be completed in three months and commented it could not be done within 30 days. Mr. Karageorge expressed frustration and explained Ms. Simmons was aware architectural drawings were needed in January as part of the application process and staff was upfront with her. Ms. Simmons took responsibility and explained she was not aware of the time restrictions. She assumed the waivers covered her needs but she was incorrect. After brief discussion, there was agreement 30 days was an appropriate amount of time to revisit the issue and see what progress was made. Vote The motion unanimously passed. D. Update on Request to Palm Beach County for Amendment to Waterfront Easement Ms. Brooks explained staff was going to appear before the County Commission on May 1st. She invited the Board members to attend and would advise the Board where the item was on the agenda when she received it. Some of the dive boat captains would be present to support the redevelopment plan at the Marina. Staff met with some of the County Commissioners to explain what was occurring and how it fit a Marina public purpose. Additionally, if any of the Board members were so inclined, they could contact the County Commission and let them know what the City wanted for its future. Vice Chair Orlove agreed to attend and announced he was scheduled to meet with Commissioner Aaronson next week. He planned to discuss the issue with him at that time. B. Consideration of Merchant Card Processing Services RFP Susan Harris , Finance Director, explained the Community Redevelopment Agency accepts credit cards at the Marina location and has used the same vendor for the past five years. During that time, the rates have gradually crept up. Last year, she renegotiated the rates with that vendor, as well as American Express, and the rates 9 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, FL April 10, 2012 were reduced. She believed the Community Redevelopment Agency could do better if they issued an RFP. The Legal Department reviewed the item and those changes were incorporated into the document. She requested permission to move forward with the item. The plan was to receive the proposals, evaluate them, and come back to the Board in June for the Board’s selection of the vendor. Motion Mr. Holzman moved to approve. Mr. McCray seconded the motion that unanimously passed. C. Consideration of Donating Funds to Support Community March – “Bury the Violence” Ms. Brooks explained she met with Mr. Ray Whitely and Mr. David Wiggins. After the meeting at the Carolyn Sims Center, she offered in-kind assistance for the Community March via Facebook, social media and flyers for the event; however, they were asking for actual funding. She pointed out the date was incorrect, as it had changed a few times. The correct date was April 28th, at 9 a.m. at City Hall. Chair Hay prefaced the item with the two senseless murders within the City. He expressed the community needs to come together and show a strong front. This would not be a small event. It would be one reflecting unity in the City. Sharissa Pierson , a resident of Boynton Beach, gave an overview of Boynton United. The mission was to unite all races and creeds to help end violence in the community, and show their children they will protect, love and embrace them and their future. The purpose was to have all nations within the community to help end the violence. The vision was to have a 2012 “Bury the Violence Walk” on the aforementioned date, ending at the Ezell Hester Center. She commented they were taxpayers deserving of protection. Rae Whitely, 7353 Palmdale Drive, Boynton Beach, shared the vision and explained they were willing to partner with residents, businesses, and clergy in Boynton Beach to ensure the Community March was successful. He commented there was a cloud of violence over the City and the perception of the City was not the perception they knew the City to be. He requested the Agency assist them with the Public Address (PA) system. The estimate for the system from a vendor was $4,782.90. He inquired if there was a vendor the CRA could recommend that would provide them with a better price, and they would approach them. The PA system would include the stage, sound system, and microphones. Discussion followed the main concern was the expenses for the stage, PA system and microphones. Mr. Whitely explained different congregations were contributing, but they needed help with certain items. It was pointed out the Community Redevelopment 10 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, FL April 10, 2012 Agency had the amphitheater, which could be used. Mr. Holzman thought staff could probably obtain a microphone and amplifier for a much lower price. Lengthy discussion ensued staff had offered in-kind assistance. The amphitheater has the ability to plug into a sound system and it may be better if the walk started from the Hester Center to the amphitheater instead of the reverse. The Community Redevelopment Agency also may be able to supply water, but could not support the entire event under the applicable laws. Attorney Cherof had explained an Attorney General opinion indicated that CRA funds were more appropriate for brick and mortar activities as opposed to promotional ones. In his opinion, a nexus for the expenditure of funds for this activity did not exist. He clarified the expenditure of staff time was a different category, and expenditures for dedicated law enforcement in the district also fell under a different provision in the Statute. The amphitheater was available at that date and time, however; a fee for outside groups to use it had not been established. Lori LaVerriere, Interim City Manager, agreed the fees could probably be waived. The organization was not a non-profit agency, but was working through Pathways for Prosperity. It was again suggested the March start at the Hester Center and end at the amphitheater. Mr. Whitely explained flyers were already distributed detailing the starting location. Additionally, the Hester Center was not in the Community Redevelopment Agency District, so the expenditure of funds at that location could not be authorized. The organization collected close to half of the needed funds. Mr. McCray inquired if it would be helpful if the City brought its stage to the Hester Center. Mr. Whitely responded it would. Accordingly, it was suggested he bring the request to the City Commission. Lance Chaney , 4312 Palmello Boulevard, explained for the last 10 years, they were attempting to unify the community. He understood money was needed to deal with slum and blight, but commented the issue was more than that. It was the mentality of the people that could perpetuate slum and blight. Until they had a sense of pride and respect for the community, constructing new buildings would not change anything. The event was to pull the community and the City together. He requested considering funding some of the other needed items, such as t-shirts and thought using the amphitheater to kick off the March would be great. He was in touch with Pastor Mullins of Christ Fellowship who embraced the event and it was possible they would send a significant number of people. Many rabbis were also excited about the event. Mr. Whitely explained although Boynton has a low crime rate, they do not want it to escalate or be passed over because people would be scared of the violence. Reverend Chaney disagreed that the March was not an event that contributed to the development of the area. He also expressed they will begin to establish leadership institutes and teen summits to address the attitudes of middle school students all the way through to high school. Attorney Cherof explained Statute 163.387 specifically 11 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, FL April 10, 2012 addressed expenditures of Community Redevelopment Agency Trust Funds. It lists a limited number of categories of expenditures very specifically, and there was no room for any interpretation. Vice Chair Orlove explained he works for an organization that held a large event in West Palm Beach that started in a congested area at City Place and ended in an open space at the amphitheater. He suggested reconsidering beginning at the amphitheater and ending at the Hester Center. He thought using the gymnasium indoors, in view of the time of day and the heat, may be beneficial. He summarized the Board was trying to be helpful and make an exception and assist the organization. Ms. Brooks explained staff could issue press releases and flyers to distribute. Reverend Chaney noted the Board suggestions and would take everything into consideration. Motion Vice Chair Orlove moved the CRA staff work with Boynton United to provide the amphitheater, PA for that location, and in-kind marketing to assist with this event on April 28th. Mr. Holzman seconded the motion. Ms. Biscuiti pointed out the amphitheater has lighting, but not a PA system. Vice Orlove amended his motion to remove the PA part of it. Mr. Holzman agreed to the amendment. It was noted the motion did not specify where the Community March started or ended, only to indicate the Board would provide the location. It was stated as a recommendation, but the Board was approving the use of the amphitheater, and assistance with public relations and marketing. Vote The motion unanimously passed. XIV. Executive Director’s Report A. Project Status Update and HOB Investment Update There were no comments received on this item. XV. Future Agenda Items: A.Renegotiate the Terms/Fees with the Palm Beach County Commission on Ethics (Tabled 11/8/11) 12 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, FL April 10, 2012 XVI. Adjournment The Board recited the City's Branding Promise and Chair Hay adjourned the meeting at 8:13 p.m. ii LLL VLF. (4-t /\ aLil Catherine Cherry Recording Secretary 041212 13