Loading...
Minutes 10-08-13 MINUTES OF COMMUNITY REDEVELOPMENT AGENCY BOARD MEETING HELD ON TUESDAY, OCTOBER 8, 2013, AT 6:00 PM, IN CITY COMMISSION CHAMBERS, 100 E. BOYNTON BEACH BOULEVARD, BOYNTON BEACH, FL PRESENT. Jerry Taylor, Chair Vivian Brooks, Executive Director Woodrow Hay, Vice Chair Jim Cherof, Board Attorney Buck Buchanan Joe Casello Mike Fitzpatrick Mark Karageorge David Merker I. Call to Order Chair Taylor called the meeting to order at 6:07 p.m. II. Invocation and Pledge to the Flag Vice Chair Hay gave the invocation followed by the Pledge of Allegiance to the Flag. III. Roll Call Roll call was taken. A quorum was present. IV. Legal: A. Announcement of Closed -Door Session: Attorney Cherof announced the following: • CRA Board will hold a closed -door session regarding pending litigation: LISA BRIGHT vs. CITY OF BOYNTON BEACH AND BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY; Palm Beach Circuit Court Case 502011CA003507XXXXMB • Notice of Executive Session was posted by the CRA on September 24, 2013 • Executive Session will last approximately 45 minutes. • Persons in Attendance: MEETING MINUTES COMMUNITY REDEVELOPMENT AGENCY BOARD BOYNTON BEACH, FL OCTOBER 8, 2013 Lyman Reynolds, Litigation Defense Counsel for CRA Vivian Brooks, Executive Director James Cherof, CRA Board General Counsel Mayor and Chair Jerry Taylor Vice Mayor and Vice Chair Woodrow Hay Commissioner and Board Member David Merker Board Member James "Buck" Buchanan Board Member Mark Karageorge Commissioner and Board Member Michael Fitzpatrick Commissioner and Board Member Joe Casello Recess to Closed -Door Session Chair Taylor recessed the meeting at 6:08 p.m. Reconvene Board Meeting in Public Chair Taylor reconvened the meeting at 6:41 p.m. V. Agenda Approval: A. Additions, Deletions, Corrections to the Agenda Consideration of Short Sale for HAP Recipient Kristen Gallagher was added as New Business, Item B. Consent Agenda Item B was pulled for a slight correction. B. Adoption of Agenda Motion Vice Chair Hay moved to approve the agenda. Mr. Merker 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 Vivian Brooks, Executive Director, announced her daughter's boyfriend works for Gray Robinson, one of the respondents to the Legal RFP issued, although in a different department. 2 MEETING MINUTES COUPITY REDEVELOPMENT AGENCY BOARD BOYNTON BEACH, FL OCTOBER 8, 2013 Mr. Karageorge had no disclosures. For Informational Items, he congratulated Firefighter Adam Turey on his upcoming marriage on Saturday. Vice Chair Hay announced he had a great vacation and would become a grandfather again. Chair Taylor announced he met with David Camalier and Howard Kanner in an effort to locate the law firm on the former Bank of America property. The item was still under discussion and he would keep the Board apprised. Messers Fitzpatrick, Merker, Casello and Buchanan had no disclosures. B. Informational Announcements VII. Announcements Awards: A. Stage Left 2013 -2014 Season Peter Pagliao, Artistic Director of the Stage Left Theatre explained they began in January and produced two shows in February and April which were very successful, drawing audiences from Hollywood to Jupiter. They are in rehearsal for the season opener of l Do I Do on November 8 They have an aggressive season with five shows, which is unusual for community theater. They have everything organized and outlined, and they will produce shows from November to May. During the summer, they will hold their youth program. They added seats and risers to the theatre in response to complaints from patrons they could not see the show. He commented they were thrilled to be in Boynton Beach and have had an unbelievable response. They were involving volunteers including Boynton Beach residents as part of the group, ushering, acting, and mailing information. Mr. Karageorge noted last season they partnered with businesses for dinner theatre and he hoped that would continue. Mr. Fitzpatrick also helped with creation of the stage. Mr. Karageorge noted many residents in his community went to the first two productions and loved them. B. Boynton Beach Haunted Pirate Fest and Mermaid Splash Tracy Smith - Coffey, Boynton Beach CA Business Development and Marketing Specialist, announced the Pirates were coming. A flyer was distributed and she hoped all would have costumes ready. The event will be held on October 26 to 27 from 10 a.m. to 5 p.m. and the Mermaid Splash on October 26 from 5 p.m. to 10 p.m. Staff has been working diligently on the events and is excited to add the Mermaid Splash. They will hold two mermaid pageants for Miss Mermaid Boynton and Little Miss 3 MEETING MINUTES COMMUNITY REDEVELOPMENT AGENCY BOARD BOYNTON BEACH, FL OCTOBER 8, 2013 Mermaid Boynton. Trolley shuttles will be used for parking and to get to the three Mermaid Splash locations until 10 p.m. The trolley stops will be on 4th and Ocean where there will be a large stage with local restaurants setup, a stage with art vendors at 640 Ocean Avenue and the Marina will have a pirate ship and pirate re- enactments. Local businesses will be set up on Ocean Avenue. There will be a pirate hunt map handed out at a booth. To obtain answers to the clues, attendees will have to go to all the local businesses. When attendees finish, they will turn in their maps for a raffle to be held at 8:20 p.m. Mr. Karageorge noted the business community stepped up and had been promoting the event daily. Vice Chair Hay thanked staff for their efforts, especially since the Special Events Director was not available. The entire staff took part to make the signature event a success. He hoped it would continue and commented they work well as a team. Mr. Casello inquired if the local restaurants will sell food. Ms. Smith -Coffey commented there are 11 booths for local restaurants. No vending trucks will be present. Since this was a signature event, they wanted to show what restaurants were in the area. There are 46 restaurants, but only 11 participated. It was hoped more would participate next year. C. International Downtown Association 2013 Merit Award — Boynton Harbor Marina Redevelopment Project Ms. Brooks explained Mike Simon was in New York accepting the award for the Marina project, which included the redesign and redevelopment of the entire Marina. It is a significant project constructed in phases which is almost complete. They won the award because the project was so comprehensive. She was very proud of it and their diligence in completing it despite not having a lot of money. They also won a merit award for it. Chair Taylor congratulated staff for their efforts. C. Florida Redevelopment Association 2013 Roy F. Kenzie Award for Outstanding Rehabilitation, Renovation and Reuse Project — The Little House Ms. Brooks explained they had a short video which would play at the annual conference that was viewed. The Agency purchased property for a public parking project and the house that was on it was moved to another location. Mr. Karageorge thought it was great to get the award and announced all will be in Tampa later this month to receive it and show off the project. VIII. Consent Agenda: A. Approval of Minutes — CRA Budget Meeting, August 27, 2013 4 MEETING MINUTES COMMUNITY REDEVELOPMENT AGENCY BOARD BOYNTON BEACH, FL OCTOBER 8, 2013 B.: Approval of Minutes — CRA Board Meeting, September 10, 2013 This item was pulled by Mr. Karageorge. C. Approval of Period Ended September 30, 2013 Financial Report D. Monthly Purchase Orders E. Approval of Interior Build -Out Grant to City Towing LLC F. Approval of Commercial Facade Grant to City Towing LLC IX. Pulled Consent Agenda ems: B. Approval of Minutes — CRA Board Meeting, September 10, 2013 Mr. Karageorge requested a change to page 5, first paragraph as follows: "Chair Taylor explained this item was originally supposed to be used for real estate training, for historic preservation but Delray Beach did not match the funds ..." Motion Mr. Karageorge moved to approve with the change. Vice Chair Hay seconded the motion that unanimously passed. X. Information Only: A. Public Comment Log Chair Taylor noted a comment was received regarding the dance event with professional ballroom dancers and music. B. Habitat for Humanity Paint -A -Than Block Party — 10/12/13 Chair Taylor announced the Paint- A -Thon Block Party will take place on October 12 from 2 to 5 p.m. at the Carolyn Sims Center. He read the activities and noted local contractors will participate in painting the homes earlier in the day. Ms. Brooks explained the CRA will have a tent with goody bags containing information about the CRA. C. Community Caring Center's The Harvest Moon Ball — 11/14/13 5 MEETING MINUTES COMMUNITY REDEVELOPMENT AGENCY BOARD BOYNTON BEACH, FL OCTOBER 8, 2013 Chair Taylor announced the event is on November 14, 2013, at Benvenuto Restaurant. He inquired if the CRA Board participates in this event and Ms. Brooks responded they typically do not. It was noted the tickets are $80 per person. D. Special Events Recap — Disco Dance — 9/20/13 This item was previously discussed. XI. Public Comments: (Note: comments are limited to 3 minutes in duration) Dr. Piotr Blass, 113 West Tara Lake Drive, noted his great grandfather was the father of Jewish Theater and they were reviving "Fiddler on The Roof." He indicated he would contact the community theater to produce that play in Boynton Beach. He thanked the Board and the City, as he was out of town, that the University of Boynton was still present. XII. Public Hearing: None XIII. Old Business: A. Board Evaluation and Action on Responses to Legal RFQ /RFP Chair Taylor advised four firms responded to the RFP and each would give a short presentation. There was brief discussion whether the firms should wait in the lobby while their counterparts made presentations and there was consensus they would remain as it is a public meeting. Susan Delegal, a partner with the firm of Billing, Cochran, Lyles, Mauro Ramsey, P.A., was present with law partner, Jerry Knight. They reviewed the proposal and understood the Agency had many programs and ongoing projects. She was aware they were administering a significant bond, which was of interest to them as they are project- oriented attorneys. She has been working with CRAs since 1991 in private practice and she was in public practice prior to that. She is a former county attorney for Broward County and Mr. Knight was a former assistant attorney general and former assistant city attorney in Ft. Lauderdale and assistant county attorney for Broward. The firm has been in existence for 35 years in Ft. Lauderdale and West Palm Beach. They have partnered since 1996 and practice CRA and municipal work, as well as private practice in land use and zoning. They worked together at Holland and Knight since 1996 and then went to Billing, Cochrane since 2005. She is the attorney for the Davie CRA since 1992, attorney for the Coral Springs CRA since 2002, and she does special project work for the City of Pompano Beach CRA. 6 MEETING MINUTES COMMUNITY REDEVELOPMENT AGENCY BOARD BOYNTON BEACH, FL OCTOBER 8, 2013 Mr. Knight worked with her on all CRA work and handles all the real estate matters. He is a title attorney and has worked extensively on their real estate transactions. They have experience with CRA work, development agreements and they represent over 100 Community Development Districts in Florida and with local governments on special projects. These include general defense of municipalities. The following questions were posed: • How far are you from Boynton Beach? Attorney Delegal responded about 45 minutes as the firm is in downtown Ft. Lauderdale. • How long have you been incorporated? The firm was created in 1977. • What was your experience dealing with the Pompano CRA since the work is contracted to a separate company? Ms. Delegal explained she has worked with the principals of the Redevelopment Management Association (RMA) for a number of years. In her project work for the City of Pompano, she had worked directly with them because they report to the CRA which is also the City Commission. The city attorney serves as the CRA attorney, and she does special projects for RMA and as needed by the city attorney. The entity was also hired by Coral Springs CRA to redo their plan. She explained the attorneys do not overlap. The City Attorney sits with the Board in Pompano and brings her in for special issues. They litigate for the CRA. She reports to him and keeps him advised of what occurs, but there are no overlapping responsibilities. She clarified she was hired and reports to the CRA itself. • Is the fee $250 per hour for partners? Ms. Delegal confirmed it was. • If selected, Attorney Knight will represent the Board? Ms. Delegal explained she would be primarily responsible and she would sit most times with the Board. Mr. Knight would work on the projects with her and he will be integrally involved in the representation. • Is there travel time involved? Ms. Delegal responded there was, but they do not charge for travel time to the two regular meetings. • How many total members of the firm are there? Ms. Delegal answered slightly more than 25 in both offices. • Was Ms. Delegal Board Certified, Ms. Delegal explained she was Board Certified since 1995. 7 MEETING MINUTES COMMUNITY REDEVELOPMENT AGENCY BOARD OYNTON BEACH, FL OCTOBER 8, 2013 • How many CRA's do you currently serve? Ms. Delegal responded the three were Davie, Coral Springs and the City of Pompano Beach. Derek Rooney, Esq. of Fowler White Boggs, thanked the Board for the opportunity to make a proposal. He expressed regrets a colleague, Erin McCormick, was delayed in Court which caused her to miss her flight to attend the meeting. Attorney Dwayne Dickerson, from the Ft. Lauderdale office, was present. He noted, after a review of the Boynton Beach CRA's needs, Attorney Dickerson practices development law and was an expert in that area. He was present to answer questions beyond the government side of the business. The firm has been in existence for over 70 years and has over 100 attorneys in five offices which were Ft. Lauderdale, Ft. Myers, Tampa, Jacksonville and Tallahassee. There are 19 government practice attorneys in the firm. They proposed three primary attorneys who were Erin McCormick from Tampa, Marilyn Miller from Ft. Myers and himself. Based on the RFQ /RFP criteria, he would be the primary attorney. He is Board Certified and has five years of experience representing CRAs. He was a former assistant county attorney in Charlotte County, and he represented three of the four CRAs in that county, including one which he helped create. He is the town attorney for the Town of Ft. Myers Beach and represents their three CRAs which were consolidating and transitioning from county control to local control. He was in the process of creating a new CRA for the Lehigh Acres area. He has extensive experience in special districts. He represents the Lee Memorial Health Systems, a public hospital board. He represents the Punta Gorda /Northport Metropolitan Planning Organization, Charlotte County Tourist Development Council and a number of other government representations as special counsel for litigation for the City of Venice. Fowler White Boggs is a statewide firm with a statewide practice. They use a cafeteria approach. They have experts in every field of law and can handle every need the CRA has. They can do so for the fee they proposed. He commented it appeared his firm was the most expensive, but if the CRA wanted Linda Shelley, two -time DCA Secretary to work on an issue, she would do so at the blended rate. They do not charge for travel for any regularly scheduled meetings, only for special meetings on short notice and they would charge half the travel time. He noted there was an error in the paralegal rate which was $110 per hour, not $150. His colleagues were imminently qualified for the job and if cost was an issue, they could propose fees similar to the others. If they just wanted Attorney Rooney, they can meet the fees. The following questions were posed: • What does Mr. Rooney consider short notice? He responded Ft. Myers was two hours away and sometimes he works in the Ft. Lauderdale Office. If an emergency arose, they would have an attorney present within a few hours. For normal business issues or a special meeting, a two -day notice would be needed. 8 MEETING MINUTES COMMUNITY REDEVELOPMENT AGENCY BOARD BOYNTON BEACH, FL OCTOBER 8, 2013 If someone from an outside office was needed, they could be present within a day. • How many CRAs do you represent? Mr. Rooney explained currently he is only representing the Town of Ft. Myers Beach CRA. They had three CRAs and they were consolidating them and was transferring control of them. He represented the Charlotte Harbor CRA, which is a coastal community devastated by Hurricane Charley. They issued bonds for infrastructure, but the focus was on maintaining the character of the community and to rehabilitate the commercial strip malls that were in decline. He represents the Parkside CRA, in an area of true blight with homes constructed in the 40s and 50s and they instituted Code Enforcement and housing rehabilitation. He represents the Murdock Village CRA which has no residents and is controlled by Charlotte County. They acquired about 800 contiguous acres to develop as an industrial park. • Does Attorney Dickerson work in the Ft. Lauderdale office? Attorney Dickerson responded he has been in the Ft. Lauderdale office and has been with Fowler White just over a year. He was practicing since 2003 and is a land use and zoning attorney representing a variety of developers including residential developers and vacant land owners over the last 10 years. Most of his experience was in the private sector, and it was a good transition working with cities. • What is the blended rate? The blended rate was $285 per hour. Steven Zelkowitz, Managing Shareholder of Gray Robinsons' Miami and Ft. Lauderdale office thanked the Board for the opportunity to make a presentation. He introduced Shareholder Michael Marshall and explained the Boca Raton office was recently opened with the firm of Siemon and Larsen. The firm has been in existence for over 40 years. They are Orlando based, and Charles Gray and Robbie Robinson are still with the firm. Mr. Gray prided himself in having a large part of the practice representing various state, county and local governments and special districts. They have over 275 attorneys in 13 offices throughout the State, including one in Tallahassee. Attorney Zelkowitz started a governmental practice 15 years ago and he specializes in CRA practices. He serves as general counsel for four CRAs, those being Naranja Lakes, North Miami, North Miami Beach and Hallandale. He is not a municipal government attorney who does CRA work on the side. It is the only governmental work he does. He and Attorney Marshall integrally know Chapter 163, and Attorney Marshall drafts redevelopment plans and helped create CRAs. 9 MEETING MINUTES COMMUNITY REDEVELOPMENT AGENCY BOARD BOYNTON BEACH, FL OCTOBER 8, 2013 They handle affordable housing, development projects, and he complimented the CRA. He lectures about CRAs at the FAU School of Government and they frequently point out the Boynton Beach CRA as an Agency that does things right. The Agency's projects are looked at as case studies. They have handled Inspector General Investigations, working on the state level with the Joint Legislative Audit Committee (JLAC). When audits are conducted, the firm's Tallahassee staff knows the committee's staff and representatives and has direct access to them. This has been helpful in avoiding audits. Mr. Marshall is located in the Boca Raton office and would be the attorney to attend the meetings. Attorney Zelkowitz would assist with respect to the different substantive matters. He is a primarily in the Miami office and travels to the Ft. Lauderdale and Boca Raton offices regularly. They propose a fee structure of $225 per hour for shareholders as a blended rate. The firm does not funnel work to associates and he proposed $225 for shareholders and $175 for associates across the board. They do not charge for travel for any meeting with staff or a meeting. This held true for Attorney Marshall and himself. They do not charge for routine telephone calls. Conference calls are billable. He commented not knowing what projects were forthcoming, he felt the firm could provide the services for less than the $85,000. The following questions were posed: • What is the fee for paralegals? Attorney Zelkowitz did not see the need for paralegals in CRA work, but if one was used, the rate would be $100 per hour. • Who would attend the meetings? Attorney Marshall would attend the meetings. He is a shareholder in the Boca Raton Office and was a civil engineer who holds a Master's Degree in Business Administration. He went back to law school and became an attorney with Siemon Larsen. Their historical practice is one that balances public and private sector work. They represent a number of public sector entities and Siemon Larsen was the consultant for the Lauderhill City Center and for the Boca Raton CRA. He handled its downtown Development of Regional Impact (DRI), findings of necessity for Lauderdale Lakes CRA and City of Lauderhill and for the initial CRA plan in Coral Springs. He works with the City of Marathon and Doral Planning Departments and sits in for City Counsel when they are not present. He has worked with the City of Doral for seven years and helped prepare their Comprehensive Plan which led to litigation, and after settlement of the litigation, it led to a downtown Master Plan. He does a lot of private sector work in Boca Raton with the build -out of the downtown DRI, the Arvida Park of Commerce DRI, they work with the Consortium of Property Owners for the northwest sector of Boca Raton, the Boca Technology Center DRI, and represented the Consortium to create new land development regulations and they have a concept of planned mobility. They represent developers in Ft. Lauderdale and Ft. Lauderdale CRA, Dania Beach all the way 10 MEETING MINUTES COMMUNITY REDEVELOPMENT AGENCY BOARD OYNTON BEACH, FL OCTOBER 8, 2013 to Key West. Their private sector practice is from Monroe County to Orlando. They represent the States of New Jersey and Louisiana. Siemon Larsen prepared the Land Use Legislation for Puerto Rico. There is much experience available. • Do you feel confident with CRA statutes and can you advise on the fly? Attorney Marshall responded 100 %. • The Hallandale and Dania Beach CRAB are very different. Do you work with Dania Beach? Attorney Zelkowitz responded they are not the Dania Beach CRA attorney. They work with Dania Beach in connection with other Broward CRAs relative to inquiries by the Inspector General's Office and whether the Inspector General's office has jurisdiction over the Broward county CRAs. In Palm Beach County, the Office of Inspector General's office has an opt -in provision. The provision was discussed with a number of executive directors in Palm Beach County CRAs in what appears to be, on a state -wide level, accountability and there are potential investigations. Part of what the firm can provide is they have gone through that process in Hallandale Beach. All that was investigated was prior to the time they became their CRA Attorney, and the Inspector General's report indicating the retaining of the law firm was a positive step for the CRA. They were brought in to help clean -up the situation. • Where is Naranja Lakes? Attorney Zelkowitz explained it is in unincorporated Dade County and it was ground zero when Hurricane Andrew hit. They have created a number of CRAs there. A project proposed by the developer of the West Palm Beach Abacoa project, called Mandarin Lakes, was a traditional neighborhood development using traditional zoning that helped create a tax base for the area and restore an otherwise dead area. Attorney Zelkowitz serves as general counsel since 2003 and helped create that CRA. • How did you go from a civil engineer to an attorney? Attorney Marshall explained his specialty as a civil engineer was structural engineering and he worked on several bridge projects for the Department of Transportations. Part of those projects entailed site selection which involved a lot of planning and study of impacts to barrier islands. Many islands did not have accessways or bridges. In conducting the planning work, he became enamored with the science of planning. He felt the best way to be in a position to help influence policy was to become an attorney. Ken Spillias, President and Managing Shareholder, Lewis, Longman and Walker, was present with law partner Tara Duhy. He had hoped partner Brenna Durden, who is on the Florida Redevelopment Association Board of Directors, could be present; 1 MEETING MINUTES COMMUNITY REDEVELOPMENT AGENCY BOARD BOYNTON BEACH, FL OCTOBER 8, 2013 however, she is on sabbatical. He noted all the legal firms present could skillfully represent the CRA. The issue is what the Board feels they need for representation. Attorney Spillias explained the firm is a 32- member, state -wide firm, with its largest office in West Palm Beach. The firm was founded in 1994 as an environmental land - use and governmental law firm. They have grown and branched out into other areas, but the core remains environmental land -use law. A listing of governmental entities and CRAs they have represented around the State was included. Attorney Spillias noted the most important thing for a lawyer is to know the law, but he also suggested knowing the client to service them was also important. He explained he knew the community. He has practiced law in Palm Beach County for 35 years, and Attorney Duhy has practiced her entire career in Palm Beach County. He has been in government and represented the Boynton Beach CRA from 2004 to 2007 as general counsel when many significant projects were before the Board. He represented the Board as special counsel in 2012 regarding hazardous waste, contamination and brownfields. They are one of the premier environmental and land -use law firms in the State. Attorney Spillias has been the Town Attorney for Ocean Ridge for 14 years, and has business with the City. Ocean Ridge receives fire /rescue services from the City, as well as water and is Boynton's cousin over the bridge. He is familiar with Boynton Beach. In 1986, he co- founded the Children's Services Council and helped develop, in the early years, one of the best agencies of its kind. He is also past president of the Literacy Coalition and has been active with the Coalition for many years. The Coalition just opened a building in Quantum Park. His point is his firm knows what the City has been doing for the last 15 years and has participated in what has been done. He lives in West Palm Beach, but has many ties to Boynton Beach. The fee schedule was included which detailed the hourly fee. He commented at times, they will use a flat monthly retainer for general services, which was open for discussion. He pointed out he was looking forward to the Pirate Fest in October. The following questions were posed: • Do you see a need for paralegals in CRA business? Attorney Spillias was unsure, but explained they always include it in their pricing. Paralegals usually handle organizing documents. • Of the three pages of clients listed, how many of them do you currently represent? Attorney Spillias responded 150. A partner in Tallahassee is a government pension lawyer who represents a significant number of municipalities regarding their pensions. It was noted one client was Quantum Community Development District, in Boynton Beach. 12 MEETING MINUTES COMMUNITY REDEVELOPMENT AGENCY BOARD BOYNTON BEACH, FL OCTOBER 8, 2013 • Mr. Fitzpatrick did not believe being the attorney from Ocean Ridge was a positive thing, as it was too close to Boynton Beach and no one knew what the future would hold. He asked how that would work. Attorney Spillias explained when he applied for the position in 2004, he approached Ocean Ridge and asked if they saw any conflict. The Town had no objection as he was not representing the City. He was not aware of any issues between Ocean Ridge and the CRA that would constitute a conflict of interest. Should that occur, he would withdraw from representing one or the other, or both sides for that one particular issue that created the conflict. When it occurred in Ocean Ridge, special counsel was brought in. It is not a major difficulty for law firms that represent clients that may theoretically have an issue. They are covered by the rules of the Florida Bar and unless they receive waivers from both parties, they cannot represent either one. • A comment was made Attorney Spillias wrote a book and it was thought he spent a great deal of time on the novel. Attorney Spillias explained he started the book in 1997 on weekends and vacations. He is the managing shareholder for four offices so free time is scarce. • Please elaborate on the strengths and weaknesses during your tenure working with this Board. Attorney Spillias responded he felt he had a very good working relationship with the Board and both Executive Directors he worked with. He did not find the Board difficult to work with at all. There was political friction between the Agency and some of the City Commissioners taking the Board back. He was not involved in that, and he and Attorney Cherof's office worked well representing the City and CRA when the Board transitioned. He was uncomfortable in the manner which the transition occurred and it was logical to him to bring the City Attorney in since the City Commission would operate in a dual capacity. He felt it was the better part of discretion to step back when the transition occurred. After Attorney Cherof's firm served as Agency counsel, they worked together to clean up some items. Since then, they have been retained on some occasions as special counsel for project specific items. He did not feel any friction or hesitation, in terms of cooperation. • Who would be the main counsel on the Board? Attorney Spillias responded he would with Attorney Duhy as his main backup. All 32 attorneys with Lewis Longman and Walker have experience with governmental law, land use, development and environmental law. Attorney Tara Duhy explained she has been practicing in Palm Beach County since 2004. She handled a great deal of local government work, working with Attorney Spillias in Ocean Ridge and for special districts, specifically water control districts, Charter schools, school districts and on environmental and land -use matters. She is proudest that she can work on both sides of the fence. When representing a private 13 MEETING MINUTES COMMUNITY REDEVELOPMENT AGENCY BOARD BOYNTON BEACH, FL OCTOB 8, 2013 party or local government, her experience gives insight to try to achieve win -win situations. She has also worked with the CRA and did a significant amount of negotiation, drafting development contracts such as the Heart of Boynton, which did not come to fruition. Chair Taylor commented he served on the Board when Attorney Spillias was counsel and he was pleased with his performance and advice. Attorney Spillias expressed he felt the Executive Director's role was to make the Board look good and the Attorney's role was to keep them out of trouble. Mr. Merker commented the Board did not hear from Attorney Cherof's firm. Chair Taylor responded they did not apply. The Agency issued an RFP for legal counsel. Mr. Merker inquired if all four firms were rejected, Attorney Cherof's firm would be considered. He wanted the public to know that Attorney Cherof's firm was not excluded. The members discussed all four firms. Mr. Merker noted all the firms vacillated on their fees. Chair Taylor liked Lewis Longman and Walker. Vice Chair Hay liked Lewis Longman and Walker with Gray Robinson as a close second. Mr. Fitzpatrick thought there was a problem with parking at the Beach and thought they should consider a two - tiered parking deck on the back end of the park which would be a conflict with Ocean Ridge. He also thought there would be a conflict with the firm regarding Quantum. He preferred Gray Robinson. Mr. Buchanan liked Gray Robinson and Lewis Longman. The later had the advantage of prior experience in Palm Beach County and experience in the City, and Gray Robinson had a strong statewide presence and lower prices. He was on the fence. Mr. Casello leaned toward Gray Robinson and liked Lewis Longman walker for its hometown connection. Mr. Merker liked the personal touch given by Attorney Cherof and saw no reason to change law firms. Mr. Karageorge respected Attorney Cherof's firm, was familiar with Lewis Longman & Walker and thought Gray Robinson did quality work. Motion Chair Taylor passed the gavel and moved for Lewis Longman and Walker as the firm for the CRA. Mr. Casello seconded the motion that passed 5 -2 (Messrs. Fitzpatrick and Merker dissenting.) B. Consideration of Issuing an RFP for General Contracting Services for the Construction of Phase II of the Marina Redevelopment Project Ms. Brooks explained this item was to build the Marina Master Building and Fuel Dock site improvements and to find a general contractor to get the project going. An invitation to bid was needed. 14 MEETING MINUTES COMMUNITY REDEVELOPMENT AGENCY BOARD OYNTON BEACH, FL OCTOBER 8, 2013 Motion Mr. Karageorge moved to approve. Vice Chair Hay seconded the motion that unanimously passed. Ms. Brooks noted they would not start construction until after the holidays. Mr. Fitzpatrick inquired about the reason for the delay. It was explained it was to avoid the holidays and the tourist season. Construction would start in the spring and coordination with restaurant owners was very important. The building was 1,500 square feet and construction was anticipated to last around four months and would tie into the Pirate Fest. XIV. New Business: A. Consideration of Resolution 13 -02, Budget Amendment No. 1 — FY2013 -2014 Susan Harris, Finance Director, explained when the budget was approved in April, she indicated if the millage went up, it would increase the CRA's budget. She noted as a result of the City Commission approving the millage rate, their budget increased $162K. They also saved $44K from their insurance budget as she was conservative with the preliminary budget. After it was approved, she received the preliminary numbers from Plastridge Insurance and the new insurance carrier was able to beat the proposal by $61K. Between the cost savings with the broker and the budget conservatism, they have an extra $44K. They have to allocate the $206,150 of additional revenue. Staff recommended five items; one was approved, which was the Executive Director's salary and auto allowance which accounts for $8,810. They need to increase the budget for direct incentive payments to developers by $14K. They have the proposed salary to hire a Special Events Marketing Economic Development Assistant for $35K; however, after Ms. Brooks conducted all the interviews and considered the amount of work he /she would have, she felt the starting salary should be $40K rather than $35K, slightly above mid- range for that position. The increase of $6,132 would be taken from the additional revenue and the rest would be allocated to the property and land acquisitions line items. Finally, based on having new legal counsel, staff wanted to increase that budget by another $77K. Chair Taylor inquired why the legal budget doubled. Ms. Harris explained the budget does not have to be that high, but they did not know what firm they were choosing or their hourly rate. When they had Lewis Longman Walker in the past, the fees were very high. They were handling a lot of land acquisition with Intown partners, but the difference in the hourly rate between Attorney Cherof s firm and Lewis Longman Walker is about $100 per hour. Attorney Cherof commented he supports the staff recommendation as it is a sound budgeting recommendation from staff. He thought no 5 MEETING MINUTES COMMUNITY REDEVELOPMENT AGENCY BOARD BOYNTON BEACH, FL OCTOBER 8, 2013 matter who was selected, there would be extra fees due to the cross over and they would not be able to make the transition within the budget. Ms. Brooks explained if they do not use the funds, they can be rolled over to something else via a budget amendment to another project. Mr. Casello wished the increase in costs would have been brought up if they were overruns. Ms. Brooks did not categorize the money as cost overruns. She reiterated Lewis Longman and Walker had handled land acquisitions and it was proportional to the acquisitions. They handled the purchase of the Marina, Ocean Breeze, the Intown partnership, and their fees were reasonable. Staff wanted to be cautious because there was no cross over. Mr. Merker commented Attorney Cherof, as the City Attorney, could give a discount because he wore both hats. Attorney Cherof explained there is an economy of effort in providing services to both entities and there is a savings which is always the case. Much goes to the fact he has information he possess as a long -time City Attorney that he does not need to research. Mr. Merker inquired why the Agency was dissatisfied. He liked the cost and professionalism of Attorney Cherof and inquired if the attorney or his firm did anything improper. Motion Vice Chair Hay moved to approve Resolution 13 -02 for Budget Year 2013/2014. Mr. Karageorge seconded the motion. Mr. Casello commented he wanted to keep the starting salary at $35K for the Assistant Marketing Director and not $40K as the salary would only increase. Ms. Brooks explained it would increase by 3 %. Vice Chair Hay explained that was not part of his motion. The motion unanimously passed. Later in the meeting, Mr. Casello requested to change his vote as he opposed the motion. Chair Taylor requested the record reflect the change. The motion passed 6 -1 with (Mr. Casello dissenting.) Motion Mr. Casello moved to keep the salary $35K .The motion died for lack of a second. B. Consideration of Short Sale Terms for HAP Recipient Kristen Gallagher 16 MEETING MINUTES COMMUNITY REDEVELOPMENT AGENCY BOARD BOYNTON BEACH, FL OCTOBER 8, 2013 Ms. Brooks explained the item pertained to a home in the Preserve. Similar requests have been before the Board. The project was a for -sale project that later changed to a rental project. The CRA will recognize $4K from the short sale and the documents were in order. Motion Vice Chair Hay moved to approve. Mr. Merker seconded the motion that unanimously passed. XV. Executive Director's Report: A. Project Status Update Mr. Karageorge asked if the meetings regarding retail business on MLK were moving forward. Ms. Brooks responded they were, and there is a land owner who agreed to sell, but not on the timeline. He also asked if there was target time for LeCesse to come before the Board. Ms. Brooks explained they do not need to come before the Board and they would submit site plans to the City in November. They were having a hard time making the project work financially, which was surprising to her. They were still on target with other project dates. As to the interview with the marketing assistant, Ms. Brooks explained she offered the position to someone extremely qualified with years of experience with merchants and large major events. Mr. Fitzpatrick inquired about the status of Kanner and Pintaluga. Ms. Brooks explained it appeared the Agency was on a better track with them and they are verbally in agreement on some terms. They need to come to agreement on the land costs, which was what she was waiting for from the property owner. They would need to get an appraisal. He inquired about the appraisal submitted, which was unusual. Ms. Brooks explained the submitted appraisal could not be used for lending or building purposes, rather it was a speculative appraisal used specifically to determine what the land would look like in the future. By statute, the Agency has to obtain an appraisal on the parcel. Mr. Fitzpatrick thought the item was dragging on and the Agency had a half acre of land in the mix. He asked how long the Agency would give for something to come to fruition. Ms. Brooks explained he has an excellent development attorney, who represents some of the top developers in South Florida. The attorney is discussing real estate values with him and Mr. Kanner is still interested in the project. Ms. Brooks thought they should give the project another month. Chair Taylor explained he met with them and Attorney Bonnie Miskel and there are some gaps as far as the land costs. There was a gap with the developer who wants assistance paying for the parking. He thought they were asking a lot, but Attorney 17 MEETING MINUTES COMMUNITY REDEVELOPMENT AGENCY BOARD BOYNTON BEACH, FL OCTOBER 8, 2013 Miskel commented they would put together a proposal for the next meeting. Once the gaps are known, they can determine how to proceed. VI. Future Agenda Items: A. RFP for General Contracting Services for Parking Lot Project located at NE 1st Street and NE 1st Avenue Mr. Merker requested a report from Ms. Brooks and Attorney Cherof regarding what came forth from the Delray Beach audit and what the Boynton Beach CRA should be aware of. VII. Adjournment There being no further business, Chair Taylor adjourned the meeting at 8:29 p.m.. ( LIA'a � ! - Catherine Cherry Minutes Specialist 100913 18