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Minutes 01-14-14 MINUTES OF THE COMMUNITY REDEVELOPMENT AGENCY BOARD MEETING HELD ON TUESDAY, JANUARY 14, 2014, AT 6:30 P.M. IN CITY COMMISSION CHAMBERS, 100 E. BOYNTON BEACH BLVD, BOYNTON BEACH, FLORIDA PRESENT: Jerry Taylor, Chair Vivian Brooks, Executive Director Woodrow Hay, Vice Chair Ken Spillias, Board Attorney Buck Buchanan Joe Casello Mike Fitzpatrick Mark Karageorge David Merker 1. Call to order Chair Taylor called the meeting to order at 6:30 p.m. II. Invocation and Pledge to the Flag The invocation was given by Vice Chair Hay. The Pledge of Allegiance to the Flag was led by Mr. Buchanan. III. Roll Call Roll was called and a quorum was present. IV. Legal: None. V. Agenda Approval: A. Additions, Deletions, Corrections to the Agenda None. B. Adoption of Agenda Motion Vice Chair Hay moved to approve the agenda. Mr. Karageorge seconded the motion that unanimously passed. MEETING MINUTES COMMUNITY REDEVELOPMENT AGENCY BOARD BOYNTON BEACH, FL JANUARY 1, 2013 MMEMMEM 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 Mr. Fitzpatrick announced he and the project Manager from West Construction, one of the respondents for the bid on the Marina project, are in the same class at FAU. B. Informational Announcements Mr. Buchanan attended the MLK Dinner on Sunday night and commented the keynote speaker was outstanding. Mr. Merker also enjoyed the MLK Dinner and liked that people were communicating and supporting one another. Vice Chair Hay hoped all had a good holiday season. He attended the MLK dinner and echoed the prior comments. Each Wednesday the City has "Let's Move Boynton" where participants walk 1.8 miles from City Hall to the Senior Center and back. He encouraged all to attend. Participants log their time exercising and last year, Boynton Beach surpassed West Palm Beach. He hoped bragging rights would be extended another year. Mr. Fitzpatrick announced he and Mr. Casello, Vice Chair Hay and Chair Taylor attended a program chaired by the Delray mayor about Cityscapes and how to design a successful downtown. The next day he called Jim Knight and expressed he will see him again on the next project. Mr. Karageorge congratulated the Mayor and his wife on their 57 wedding anniversary. He noted in March, the Board will lose Vice Chair Hay due to term limits and on the County and State level, Vice Chair Hay is highly regarded. He helped the City through a tumultuous time. He worked with the County and Business Development Board and because of him, Boynton Beach was one of three areas chosen for a site selection Fam Tour. He .attended Movie Night and thanked staff for the event and attended the MLK Dinner and congratulated the MLK Committee on their efforts. He noted the MLK March was on January 20 from the railroad on MLK to Seacrest, and there will be a neighborhood clean up after the walk, followed by a breakfast at the RM Lee Center. He commented Stage Left had a sellout weekend and is now a cultural destination. He will also be meeting with the Business Development Board Executive Director at Intracoastal Park. He announced economic development is coming to Boynton Beach. Mayor Taylor announced he and his wife attended the Stage Left Production and it was very enjoyable. He encouraged all to attend. There were no staff comments. 2 MEETING MINUTES COMMUNITY REDEVELOPMENT AGENCY BOARD BOYNTON BEACH, FL JANUARY 14, 2013 VII. Announcements & Awards: A. Holiday Extravaganza — Recap Amy Zimmermann, Marketing, Events and Economic Development Assistant, recapped on December 7 the Holiday Parade ran from 5 to 6:30 p.m. and 74 groups participated which was 20 more than last year. The Tree and Menorah Lighting took place afterward. A Holiday Illumination Show was projected onto the wall of the Children's Museum and featured artwork from local area schools. Orange Sunshine performed at the free concert and food and beverages were available for purchase through local vendors. Children's activities were available and free shuttle services were provided. Santa and his elves invited all to Gumdrop Garden on the amphitheater stage for a photo opportunity with Santa. Staff received great feedback from attendees and the vendors who participated. Photographs of the events were posted on Facebook. Ms. Brooks congratulated Ms. Zimmermann for her work as this was her first project. B. Holiday Boat Parade — Recap The Parade was the 42 Annual Boat Parade. As the event is growing each year, staff opted to use bleachers and there was standing room only. The festivities occurred at the Marina and Santa was present with food and drink vendors. Two Georges had two bands that night providing live entertainment. Representatives from the Marine Corps were present and on Sea Tow Boats to pick up Toys for Tots. Parking was in the garage and through valet service provided by Two Georges. There was more participation in the Toys for Tots program this year and the Sea Tow operators commented they gathered the most toys ever. January 2, - Awards Happy Hour/Two Georges Ms. Zimmermann created tee shirts and plaques for the winners and over 60 participants from the Holiday Festivities showed up. She projected an image of the Boat Parade on the screen at Two Georges and on Facebook and YouTube. She received positive feedback from attendees, vendors and the Coast Guard said the event was the most well run Boat Parade yet. Mr. Fitzpatrick inquired if next year, the event would be moved to a Saturday. Ms. Zimmermann responded they were considering it because some boat owners work until 5 p.m. on Fridays and do not have enough time to get their boats ready. She had attended Captains meetings about different boat parades in the area and received the same feedback. Doing so will allow for greater participation. C. Movies in the Park: January 3 — Despicable Me 2 Recap February 7 — To Be Announced 3 MEETING MINUTES COMMUNITY REDEVELOPMENT AGENCY BOARD BOYNTON BEACH, FL JANUARY 14, 2013 Ms. Zimmermann commented the January Despicable Me 2 Movie was a success in spite of the weather. The feedback received was the new venue was intimate and quaint and closer to the businesses. Patrons were offered free popcorn and bottled water as well as a raffle to local restaurants who donated such as Maui Wowie, Boynton Diner and the Backyard. Maui Wowie also had smoothies and hot beverages for sale and she noted the owner was a local grant recipient. The Little House sold beer and wine and there was free on -site parking. Attendees were encouraged to bring blankets and chairs. Ms. Zimmermann announced the February 7 th movie may also be a new release and Movies in the Park were scheduled for March 7th, April 4 th and May 2nd D. Happy Hour Thursday — Music on the Rocks /Shaken Not Stirred January 16 — U2 by UV The first concert is a U2 Tribute Band with a good local following. The concert is from 6 p.m. to 8 p.m. at the Ocean Avenue Amphitheater. Three food trucks have committed to attending, and there will be a cash bar and vendors. It is a free event. High -top tents and tables will be available on the grassed area to create a Happy Hour environment. They will continue to market the event, which was switched from Fridays to Thursday to avoid conflicts with other Friday events. Heaters were reserved should the weather be cold. On February 20 there will be a reggae band in honor of Bob Marley's birthday. They have performed on Clematis Street and in Lake Worth. Additional concert dates will be March 20 April 17 and May 15 "d . There is free on -site parking and no pets are permitted. E. Boynton Beach Boutique Market — January 19 Tracey Smith- Coffey, Business Development Specialist, announced in addition to the concert, the Boynton Beach Boutique Market will have its Grand Opening. The market will be open every Sunday until April 27 from 10 a.m. to 2 p.m. offering fresh produce, gourmet fares, local artists and live music. In addition to the benches at the park, three chess /checker tables and chairs will be added for the enjoyment of attendees. The event is a work -in- progress and it is possible the CRA may provide more tables and chairs. Port-o -lets will be on site and each Green Market will have a featured business to promote local establishments. VIII. Consent Agenda: A. Approval of Minutes — CRA Board Meeting, November 12, 2013 B. Approval of Period Ended November 30, 2013 Financial Report 4 MEETING MINUTES COMMUNITY REDEVELOPMENT AGENCY BOARD BOYNTON BEACH, FL JANUARY 14, 2013 C. Monthly Purchase Orders D. Monthly Legal Updates Motion Vice Chair Hay moved to approve the Consent Agenda. Mr. Karageorge seconded the motion that unanimously passed. I. Pulled Consent Agenda Items: None. X. Information Only: A. Public Comment Log B. City of Boynton Beach MLK Memorial March 1. Public Comments (Note: comments are limited to three minutes in duration) None. XII. Public Hearing: None. XIII. Old Business: A. Consideration of Response to Notice of Intent to Dispose of Real Property from Boos Development Group Ms. Brooks explained the CRA received only one response to the above for the property located at 1000 and 1010 N. Seacrest Boulevard from Boos Development. They propose to construct a Family Dollar store on CRA property and two adjacent lots. Henry Dirksen, Boos Development, 1589 NW 151 Street, Miami Lakes, gave an overview of their plans for the property and sought input in developing the SE corner of Seacrest Boulevard and MLK Boulevard. He reviewed the firm's history, locations, and clients. The firm specializes in single- tenant retail companies. Mr. Dirksen reviewed an aerial of the parcels, two being owned by the CRA and two by private parties. The Board reviewed the site plan, elevation, cost of the land parcels and cost of comparable parcels by square foot. The appraised value of the parcels 5 MEETING MINUTES COMMUNITY REDEVELOPMENT AGENCY BOARD BOYNTON BEACH, FL JANUARY 14, 2013 contributed by. the CRA was $126K. The appraisal range calculated to $5.51 per square foot to $7.73 per square foot. He reviewed other figures if purchasing the land privately, all of which is contained in the meeting backup. Other Family Dollar projects and their costs in South Florida were reviewed with the Family Dollar store in Boynton Beach being in the. top end. Family Dollar was looking for assistance from the CRA in terms of donating the land, demolishing the existing church on the property prior to closing, and assistance with burying the power lines on site. Family Dollar was also requesting to receive further assistance via a 3.3% Construction Incentive grant, an Interior Build -Out grant of $22,500, the Commercial Fagade grant of $15K, and a Rent Reimbursement grant of $7,200. Chair Taylor commented he reviewed the project in detail and expressed the project was a long time in coming. The CRA removed drug- infested activities from the area and there was a grocery store element to the project. He was excited to see it come to fruition. He explained CRAs give land away. They use their tax increment financing to improve depressed areas and they are doing what CRAB are supposed to do. Mr. Merker asked about the square footage of the project and the parking. Paul Trembly, Boos Development Group, explained 20 to 25 parking spaces are sufficient for Family Dollar stores and the site exceeds those amounts. Mr. Merker agreed the project was good for the residents. He was in favor of developing the site. Vice Chair Hay was also excited about the project and had worked diligently on it. He agreed with the purpose of CRAB and the project was an opportunity to apply that mission. The City did not qualify for federal funds because the area did not have a qualifying grocery store. The store will jump start development in the area and this is the first year out of a recession. They are developing downtown, Ocean Avenue and this corner and he did not recall there was any hesitation to offer millions of dollars in incentives. He thought if the project is turned down, it would send the wrong message. The project was the beginning of many great things, and he looked forward to driving into Boynton Beach and not being able to identify any blighted areas. Mr. Karageorge. agreed with the prior statements and was aware of at least 100 people who wanted the project. He commented he had taken the tour in Tampa which has nine CRAs, and three of them, in a two -year period, used Family Dollar stores to kick start blighted areas. In blighted areas, the first projects are incentivized the most, diminishing with each following project. He inquired if the store is a corporately owned store, why they were asking for rent subsidy. Mr. Trembly responded Family Dollar will package the project and sell it to a .private owner. If that occurred, they would request the rent reimbursement. It would become a corporate - lease, similar to a Publix ground lease. Mr. Fitzpatrick explained the first project failed because of unrealistic land prices and this was similar. Because there was no other option, private land owners held out for 6 MEETING MINUTES COMMUNITY REDEVELOPMENT AGENCY BOARD BOYNTON BEACH, FL JANUARY 14, 2013 higher prices. He thought the trend had to be broken and alternative sites should be identified so projects could compete. If landowners want unreasonable amounts of money, developers had another alternative. Mr. Buchanan, had concerns about the aesthetics and asked staff to work with Boos Development to achieve a softer elevation more compatible for that area. It was known this would be reviewed with the site plan. Mr. Casello favored the project and supported the incentives but did not understand why the CRA would pay to have the electric lines buried. Mr. Casello did not favor that incentive. Ms. Brooks explained the item would be negotiated in the development agreement, and she did not know what the cost to bury the lines would be. The agreement would come back to the Board. Mr. Karageorge commented land assembly in the Heart of Boynton was difficult. Prices have come down dramatically from two years ago. There would always be negotiation involved with crafting a development agreement. Vice Chair Hay inquired what would happen to the artwork on the corner of MLK and Seacrest. It was explained the art is outside the property lines and would remain. Mr. Merker reiterated the project would have a domino effect. Hopefully in the near future, other sites would be available and the community wants the store. Chair Taylor requested a motion to direct staff to begin negotiation on the Boos Development Purchase Agreement and bring it back to the CRA Board at a later date. Motion Vice Chair Hay so moved. Mr. Karageorge seconded the motion that unanimously passed. Mr. Merkerleft the dais at 7:39 p.m. A. Consideration and Selection of Responses to the Boynton Harbor Marina Invitation to Bid for the Boynton Harbor Marina Harbor Master Building & Fuel Dock Site Improvement Project Mr. Simon explained on October 8, 2013, the Board approved the issuance of the invitation to bid and its terms and conditions. The deadline was December 10 at 3 p.m. and five proposals were received and reviewed by the Selection Committee. Mr. Merkerreturned to the dais at 7:32 p.m. 7 MEETING MINUTES COMMUNITY REDEVELOPMENT AGENCY BOARD BOYNTON BEACH, FL JANUARY 14, 2013 Based on the terms and conditions, although West Construction had the lowest costs, Collage Construction was the lowest responsible and responsive bidder under the terms detailed in the bid as approved by the Board in October. Based on the findings, staff recommends the Board select Collage Construction Company to begin contract negotiations and return to the Board, hopefully in February. All of the responses, back- up and analysis was included in the meeting materials. Attorney Spillias commented earlier today, the Agency received correspondence from Counsel for West Construction Company who is present to address the Board. He explained an invitation to bid has specific provisions that a bidder is not considered a responsible bidder if it did not meet certain criteria. A review of the bid showed in the West response that they were a party to litigation or arbitration arising from a project for a public entity within the past 48 months, which is an item that would render them as not a responsible bidder. He emphasized that did not mean the company was not a responsible company, only it was not under the Board's requirements. Additionally, they paid liquidated damages to a public entity for a public project that was delayed more than 10 days within the past 48 months, and in West's response, it occurred twice within 48 months. There were a few areas where the bid did not appear to be responsive and a few questions about prior experience on past projects were unanswered. Attorney Bruce Loren, representing West Construction, objected to the contract being awarded to Collage and opined it should be awarded to West Construction. Their position was based on the CRA's consultant, Chris Brown, scoring West Construction as the lowest and best ranked bidder because the West bid was $77,000 less than Collage Construction. West is a local contractor who has worked with the City on at least four different City projects. Attorney Loren believed the criteria used to disqualify West Construction was arbitrary and had no logical connection whether West Construction was a responsible bidder. Lawsuits occur all the time, and their pursuit of monies owed to them on any project should not be a bar to them being deemed a responsible bidder. There has never been any finding by any court or arbitration panel that West had to pay liquidated. damages. They did so voluntarily as part of an amicable settlement discussion, and there was no court or arbitration finding they did anything wrong in any litigation. The bid documents as written penalized West Construction for exercising their right to collect monies that were wrongfully withheld. He contended if there was any finding they did something wrong or had to pay liquidated damages, that would be logical. He asserted the fact a lawsuit is filed or that liquidated damages are paid is not proper grounds for an automatic rejection. He suggested a better approach would have been to allow explanations of the situations and the scoring system award points based on how appropriate or inappropriate the circumstances were. He objected to the automatic disqualification of West based on 8 FETING MINUTES COMMUNITY REDEVELOPMENT AGENCY BOARD BOYNTON BEACH, FL JANUARY 14, 2013 those two criteria and requested the contract not be awarded to Collage Construction, but rather the lowest bidder and highest scorer which was West Construction. Mr. Merker acknowledged the lowest bidder is not always the best and money is a big consideration. He thought if what was stated was accurate, the CRA should be wise and agree not to award the contract to West. He inquired of Attorney Spillias if the statements made were correct. Attorney Spillias explained the CRA has the right when issuing bids, to identify the criteria used to determine the most responsible and responsive bidder. The process is not absolute that the lowest bidder is entitled to the work. The review conducted revealed more than one deviation from the established criteria. Had there been only one lawsuit West instituted or was a defendant in, it perhaps could be overlooked, but there were two instances of liquidated damages paid to public entities. The CRA's interest is in learning how the company performed with other public entities during a previous time period. There is a provision in the contract that offers flexibility, which he read. The provision gives the Board the flexibility if there are minor deficiencies or situations where despite a total lack of compliance, it is still in the CRA's best interests to use the company. The problem is the Board has two bidders. Of the five responses, three were higher bidders that had deficiencies and it came down to West and Collage. West is the lower bidder that has not complied with all the requirements. Collage is the higher bidder that complied with all the requirements. Attorney Spillias pointed out if there were potential litigation. West would challenge the decision and Collage would argue they met all the criteria, had no deficiencies and were responsive under all the criteria. They could challenge the bid as being improperly awarded. Mr. Merker thought the City had the right to determine which company was right for the work. Attorney Spillias explained the Board only had the proposal which detailed the issues and the Board set the criteria for the bid. While there is some flexibility to make a decision, it is not unbridled. If the criteria set by the Board is deemed by a court to be arbitrary, the Board's determination can be overturned. The Board has the right to reject all bids, waive formalities or minor technical inconsistencies. Mr. Casello left the dais at 7:49 p.m. Attorney Spillias thought there was a larger risk in awarding a bid to a firm that has not met the criteria than to a firm who has, and he further clarified his statements for the benefit of Mr. Merker. Mr. Casello returned to the dais at 7:52 p.m. 9 MEETING MINUTES COMMUNITY REDEVELOPMENT AGENCY BOARD BOYNTON BEACH, FL JANUARY 14, 2013 Vice Chair Hay inquired when the criteria was added and Ms. Brooks explained it was added by Attorney Cherof in the last two invitations to bid. It was to protect the Board from litigation. Chair Taylor said Collage met all the criteria and the other four did not for various reasons. The decision was not arbitrary and he agreed with the Selection Committee. Mr. Karageorge was concerned due to West paying liquidated damages twice. He was aware most construction companies have been involved in litigation at one time or another and he agreed with Chair Taylor, Attorney Spillias explained liquidated damages and how they work. Mr. Fitzpatrick inquired if the criteria added by Attorney Cherof was in other City contracts. Mr. Simon responded it was not included in the Boynton Harbor City Marina Signage because the amount of the project did not warrant that stringent a requirement from the contractor. It was due to the cost of the project that he felt the extra criteria was warranted. Mr. Simon acknowledged West Construction has built several successful projects for the City and came highly recommended from Recreation and Parks and Andrew Mack of the Building Department. Mr. Fitzpatrick explained they established a contract and it should not be changed at the last minute, even if there were mitigating circumstances at the end. Mr. Casello agreed and understood with any reputable company, there would be litigation at some point. Motion Vice Chair Hay moved to approve Collage Design and Construction Group Inc. as the general contractor firm for the Boynton Beach Harbor Master Building and Fuel Dock site improvement project and direct staff to enter into contract negotiations with the contract to be presented to the CRA Board for review and approval at the February 11, 2014 meeting. Mr. Karageorge seconded the motion. Mr. Merker was uncomfortable with the item and wanted to speak with both attorneys before voting as in his interpretation, he heard discrepancies. He wanted to table the item. The motion passed 6 -1, (Mr. Merker dissenting.) IV. New Business: A. Consideration of an Interlocal Agreement between the Treasure Coast Regional Planning Council, the CRA and the City of Boynton Beach in the Amount of $58,000 for Urban Design and Planning Services for the Town Square Area 10 MEETING MINUTES COMMUNITY REDEVELOPMENT AGENCY BOARD BOYNTON BEACH, FL JANUARY 14, 2013 Ms. Brooks explained this item was the result of a strategic planning session with the CRA Board and City Commission, the final decision to move the Police Headquarters to High Ridge Road, and what to do with City Hall and the Town Square area, which is 18 acres. Professional help from an urban designer was needed as City or CRA staff did not have that expertise. The Treasure Coast Regional Planning Council is a governmental entity so, if used, the CRA would not have to bid the project. They would help the Board examine the area and determine what the needs are, where parking and City Hall would be located and they could hold a half day charette. The Strategic Plan has an aggressive timeline. The end product would become part of the update to the Downtown Vision and Master Plan and the decision would be the Town Square Redesign. Mr. Buchanan believed the item was needed. Motion Mr. Buchanan moved to approve the Interlocal Agreement between the City of Boynton Beach, the Boynton Beach Community Redevelopment Agency and the Treasure Coast Regional Planning Council to perform Planning and Urban Design Services for the Town Square Area in the amount of $58,000. Mr. Karageorge seconded the motion. Mr. Casello inquired if the item could be handled by a private firm. Ms. Brooks explained it could, but the CRA would have had to go out to bid through rgw Consultant's Competitive Negotiation Act (CCNA), which was an arduous process that would take at least three months. CCNA is under State Statute. He inquired if the cost was negotiable. Ms. Brooks explained the cost was already negotiated down to $58,000. Mr. Casello further commented there are several plans in existence and if the product would be the plan adhered to and implemented in a timely fashion. He did not want to spend money on a plan that would be shelved. Chair Taylor agreed. Ms. Brooks explained that was up to the Board. Mr. Karageorge noted the Planning Council will be using the Master Plan that EDAW and ERA created which addressed economic usage and many other aspects. The Planning Council would add to it and provide greater details. He agreed it was needed but thought the cost could be less based on the amount of work and time already expended. Mr. Buchanan commented there were decisions made at the Strategic Planning Session which changed some of the Plan, so an update encompassing those decisions was needed. The motion unanimously passed. B. Consideration of Employment Severance Agreement between the CRA and Kathy Biscuiti 11 MEETING MINUTES COMMUNITY REDEVELOPMENT AGENCY BOARD BOY BEACH, FL JANUARY e4, 2013 Motion Mr. Casello moved to approve. Vice Chair Hay seconded the motion that unanimously passed. C. Consideration of Temporary Construction Access Easement between the CRA and DSS Properties, L.C. (Two Georges Restaurant) Motion Mr. Karageorge moved to approve. Mr. Buchanan seconded the motion that unanimously passed. D. Consideration of Temporary Construction Access Easement between the CRA and Marina Village at Boynton Beach Master Association, Inc. Motion Vice Chair Hay. moved to approve. Mr. Casello seconded the motion that unanimously passed. V. Executive Director's Report: A. New Businesses in CRA District There were two new businesses in the District: Atlantis Dental Care, J G Barbershop. B. Development Projects Update — to be delivered at a later date Chair Taylor spoke to David Camalier to see if he would be amenable to putting a joint RFP together and he requested Ms. Brooks meet with him and Ms. Miskel so the land does not remain vacant. Mr. Karageorge and Vice Chair Hay inquired about a senior living facility in Boynton Beach. Ms. Brooks explained they were looking for a site and the site was not restricted to Federal Highway. She explained it was not easy to find three acres that does not require land assembly. Ms. Brooks noted plans were submitted for the 500 Ocean and old Arches sites. She and Mr. Simon reviewed them and had a list of comments they would provide to the City. Chair Taylor commented the City had severe weather resulting in 17 to 22 inches of rain. He thanked the Utilities and Public Works Departments for outstanding service. Employees put in many hours and without their help, the situation could have been much worse. He thanked them and expressed his appreciation. 12 MEETING MINUTES COMMUNITY REDEVELOPMENT AGENCY BOARD BOYNTON BEACH, FL JANUARY 1, 2013 VI. Future Agenda Items: A. Consideration of a Direct Incentive Funding Agreement with LeCesse Development Group B. Consideration and Selection of Responses to the Boynton Beach Community Redevelopment Agency Parking Lot Project — NE 1 St Avenue & NE 1 St Street & Sidewalk Connector XVII. Adjournment There being no further business to discuss, Chair Taylor adjourned the meeting at 8:10 p.m. &W"'o- . Catherine Cherry Minutes Specialist 012194 13