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Minutes 03-12-14 MINUTES OF THE COMMUNITY REDEVELOPMENT AGENCY BOARD MEETING HELD ON WEDNESDAY, MARCH 12, 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 Tara Duhey, Board Attorney Buck Buchanan Joe Casello Mike Fitzpatrick Mark Karageorge David Merker ® Call to Order Chair Taylor called the meeting to order at 6:30 p.m.. II. Invocation and Pledge to the Flag Vice Chair Hay gave the invocation and Mr. Merker led the Pledge of Allegiance to the Flag. III. Roll Call Roll call was taken. A quorum was present. IV. Legal: A. Update on Bid Protest by West Construction — Boynton Harbor Marina Harbor Master Building Project Tara Duhey, CA Board Counsel, reported when the CRA awarded the Marina project, West Construction indicated they would protest the bid award. They received correspondence from their law firm indicating an intent to protest, but no legal action has yet been filed. They did respond early this week to West Construction's public records request regarding issuance of the contract and bid. Based on the correspondence they received, allegations were made about the invitation to bid and its criteria. Attorney Duhey could not provide the Board with an appraisal of the merits of the complaint because it has not been filed, but she believed the allegations were without merit. Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida March 12, 2013 Attorney Duhey explained the various mechanisms to protest, or challenge selection of a contractor under the process the CRA uses. Generally they are in the form of filing an injunction quickly after the selection is made. Attorney Duhey was not sure what form the challenge would take so she could not give further information. If challenged, the CRA can hold a shade session during the pendency of litigation. She explained a protest would be filed in court. 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. 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 Mr. Fitzpatrick attended a NOVA University Smart World Conference, with speaker Jeff Perlman, former Delray Beach Mayor. There were many booths and he spoke with Ms. Siebolt from Stratecon about the Old High School and Police Headquarters. They lunched and he paid for his own lunch. B. Informational Announcements Mr. Karageorge announced he and fellow Board members attended the Community Caring Center's Reception honoring Vice Chair Hay. It was a great event and an opportunity to promote their Hunger Walk. He and Ms. Brooks attended the roof- raising for Ocean Breeze West for the 21 and final home of the project. There were buyers committed to all the homes except two. He attended the Chamber of Commerce Candidates Forum and he thanked the City and the Chamber Government Affairs Committee for their help with the event. He attended the Chamber Networking Over Easy at the Secret Garden Cafe and then participated in the Hunger Walk. St. Mark Church was the number one team in raising funds. The event raised over $25K and a truckload of food was collected. He and others from the Board participated and the event had a great turnout. 2 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida March 12, 2013 Mr. Karageorge congratulated Commissioners Casello and McCray for a successful campaign and the other candidates that ran. He thanked Planning and Zoning Director Michael Rumpf, Executive Director Vivian Brooks and Assistant Director Mike Simon for their assistance with his school project. He hoped it would be a roadmap for the future. Mr. Karageorge noted Vice Chair Hay was invited to attend the Chamber Government Affairs Committee the next morning as the newest member. He wished all a Happy St. Patrick's Day. Vice Chair Hay thanked the Community Caring Center for honoring him. He attended the South Florida Canine Competition and on March 7 the Gospel Sing Hunger Walk Kick -Off took place. He could not attend the Saturday Walk due to attending two funerals and he asked Messrs. Casello and Fitzpatrick to fill in for him. He thanked all the candidates who ran for election. Mr. Casello thanked the voters who voted in the election, and he confirmed he stepped in for Vice Chair Hay at the Walk. He commented he and the Board will miss Vice Chair Hay dearly, and he was proud to call him friend. Mr. Buchanan was out of town last month and missed many good events. He also enjoyed working with Vice Chair Hay. He did a good job and would be missed. Chair Taylor was in Tallahassee, and he stayed in a hotel called the Aloft. It was an excellent hotel with a great urban design situated on land that was not very big in the center of downtown Tallahassee. He got information on the hotel chain and passed it on to Ms. Brooks. There were great sites in Boynton Beach available they may be interested in. VII. Announcements Awards: A. Commercial Broker Reception — 3/13/14 Ms. Brooks explained the Reception will take place the next night in one of the Las Ventanas units. It was similar to the Commercial Familiarization Tour held last year but not as big and without the bus tour. There will be light appetizers and a full bar where attendees could purchase drinks. The Cigar Bar on Gateway Boulevard will be attending and there will be goody bags with discounts from local businesses. Staff will discuss many of the new developments, both City and CRA incentives, and available sites in the City and CRA that are for sale or lease. The goal is to energize people outside of the area in South Broward, Broward, South Palm Beach County. The Mayor will make the opening comments and the goal is to get a good feeling about Boynton Beach. Afterwards, attendees can go to Sweetwater's where they can get a better idea how Boynton Beach is turning out. About 50 individuals signed up. Staff also just received their Economic Development Booklet which will be sent to the Chamber and other organizations such as the 3 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida March 12, 2013 Business Development Board. The booklet is indicative of the CRA's new level and look. She hoped the Board was impressed and commented the booklet is included in the goody bags. B. Movies in the Park: March 7 - Monsters University - Recap April 4 — Frozen Amy Zimmermann, Marketing, Events and Economic Development Assistant, commented about 125 people turned out for the March event. Frozen was originally supposed to be viewed in March, but there was a licensing issue and it was switched with Monsters University. Word was spreading about the April event and there should be a good turnout. There was a Pizza Trolley and Little House offered beer and wine for sale. The May movie will be The Secret Life of Walter Mitty with Ben Stiller. Ms. Zimmermann commented only the movies will have a time change due to the change in daylight savings time. C. Happy Hour Thursday — Music on the Rocks /Shaken Not Stirred February 20 — Sweet Justice /Reggae (in celebration of Bob Marley's birthday) — Recap March 20 — Wonderama Ms. Zimmermann announced the March event will feature Wonderama, a high energy band. There should be a good turnout weather permitting. Food will be provided from the Pizza Trolley or a local concessionaire. Potions and Motions will offer beer, wine and mixed drinks for sale. Funkabilly Playboys will perform on April 17 ". On May 15 ", Riverdown will perform. C. Boynton Beach Boutique Market Ms. Zimmerman explained they were rotating the vendors and changing the music at the market. There are about 15 to 20 vendors that participate. Chair Taylor had attended and thought it was very nice. The "Bellini Sweets" vendors were very pleased. Mr. Merker noted there were three vacancies last week. He gave kudos to the management firm, but thought there could be more vendors and products. Ms. Zimmermann had spoken to the management team recently and learned at this time of year, there is a dramatic drop, which picks up again. Mr. Merker thought there were other venues besides food, jewelry or clothing that may want to participate. Ms. Zimmerman explained they are reaching out to local businesses and asking them to participate. They could be rotated a week on and a week off. VIII. Consent Agenda: A. Approval of Minutes — CRA Board Meeting, February 11, 2014 4 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida March 12, 2013 B. Approval of Period Ended February 28, 2014 Financial Report C. Monthly Purchase Orders I. Pulled Consent Agenda Items: None. X. Information Only: A. Public Comment Log I. Public Comments: (Note: comments are limited to 3 minutes in duration) Mildred Hay, 427 NW 5 t " Avenue, gave heartfelt thanks to all who made the journey pleasant. She attended the meetings because of her husband and it has been their practice, in 48 years of marriage, to support one another. Attending the meetings has been an enlightening experience. She had not attended other boards her husband served on, but decided to surprise him and attended a CRA meeting. It has been very interesting. Any negativity was an opportunity to learn and grow. She noted the Board has endured a lot of unnecessary complications and appreciated the Board's tolerance and endurance to stand as well as the support given her husband. There were trying times. Her husband has a passion for doing things and over commits. She advised he intended to do a good job and she believes, he has. II. Pubiic Hearing: None III. Old Business: A. Consideration of VHB /Miller Sellen Task Order Amendment for Construction Administration Services for the Marina Harbor Master Building Project Mike Simon, Assistant Director, explained the engineering firm believes the changes were needed for construction of the project. The design firm will sign off on various items including mechanical and electrical items. This will occur also with the parking lot project. Motion Mr. Karageorge moved to approve. Vice Chair Hay seconded the motion that unanimously passed. 5 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida March 12, 2013 B. Consideration of Entering into a Construction Agreement with Rosso Construction for the Parking Lot Project - NE 1 st Avenue & NE 1 st Street & Sidewalk Connector Mr. Simon explained this item was to enter into a contract with Rosso Construction for the parking lot project as written. The deadline for the bid was January 16, 2014. Ten proposals were received and this firm was the lowest, responsible bidder. The contract was attached and reviewed by both legal and CRA Staff. Motion Vice Chair Hay moved to approve. Mr. Karageorge seconded the motion that unanimously passed. C. Update on Ocean Breeze West Vivian Brooks, Executive Director, commented the last roof raising occurred last week and. all 21 homes were substantially complete. There were before and after photographs and the difference was significant. All could see a change coming in the neighborhood. There had not been any visual updates of the project, only status reports. Chair Taylor thought it was great to see something there and Ms. Brooks commented staff has received a lot of positive feedback. Vice Chair Hay, this past Sunday, went to many churches with Mr. McCray. He had mentioned the Ocean Breeze West project and the comments he received were very positive. The community was pleased. The only concern is to maintain the property to avoid becoming a slum area, although there are mechanisms in place to prevent that. Mr. Karageorge agreed, and pointed out the owners received training how to maintain their property. The Land Trust also had checks to ensure the properties would be maintained. The investment is paying dividends in the quality of life and in taxes. XIV. New Business: A. Consideration of Performance Audit and DIFA Payment Release to PRH Boynton Beach, LLC for the Property known as Casa Costa, formerly The Promenade Ms. Brooks explained this is the fourth -year payment under the terms of the 10 -year Direct Incentive Financing Agreement (DIFA). The Board had previously discussed this matter. Management of Casa Costa did not have to have a commercial lease. They were only required to have a commercial broker have units signed up to be leased. Mr. Karageorge commented there are holes in the DIFA agreement, which he was unhappy with. He commented they have a good commercial broker, but putting art in 6 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida March 12, 2013 the units, as opposed to tenants, upset him although he likes art. He wants to see something in there to generate traffic. An empty storefront is not good for a community. Mr. Buchanan agreed, but thought with any contract, there had to be a good faith effort to meet the requirements. He requested staff, in December, present the Board with what good faith efforts the management made to earn the $441 K payment. The management was aware there was a problem with the commercial space when they took over and they did nothing to cure the problem. He wanted staff to bring it to the Board in December and discuss it with Legal to determine if a good faith effort was made. The units were vacant for five years and the payments were hard to justify. Motion Mr. Buchanan moved to accept and Vice Chair Hay seconded the motion. Mr. Merker inquired what would happen if they did not vote to release the payment. Ms. Brooks responded there would be litigation, but they met their obligation under the terms of the agreement. She had spoken with the Related Group and they did confirm the cut - through from the garage to the retail area. That was a major hurdle in the overall problem. The Related Group was also working on creating a 4K square foot space for Tony's Market, which is a deli from Delray. The motion unanimously passed. B. Consideration of Purchase Agreement between Ziad Bazyan and Albert Millines and the CRA for the Properties located at 231 NE 9 th Avenue and Lots 7 & 8 MLK Blvd. Motion Mr. Fitzpatrick moved to approve. Mr. Merker seconded the motion that unanimously passed. B. Consideration of Purchase Agreement between Louis Massry and the CRA for the Property located at 913 N. Seacrest Blvd. Motion Vice Chair Hay moved to approve. Mr. Merker seconded the motion that unanimously passed. XV. Executive Director's Report: A. New Businesses in CRA District 7 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida March 12, 2013 Five new businesses moved into the district since the last meeting. Ms. Brooks anticipated the 500 Ocean site plan would be submitted the next week. Mr. Casello inquired if empty store fronts would be promoted. Ms. Brooks explained Las Ventanas will have a representative and they will try to promote their empty space. There is very little empty space in the CRA District although there are some unleaseable spaces. B. Development Projects Update Ms. Brook included a letter from LeCesse which would be discussed at the next meeting. There is a lot more information needed. XVI. Future Agenda Items: A.: Consideration of a Direct Incentive Funding Agreement with LeCesse Development Group B. Consideration of Purchasing Agreement for the Property Located at 425 MLK Blvd. XVII. Adjournment There being no further business to discuss, Chair Taylor adjourned the meeting at 7:10 p.m. 04tha" a 6h, Y Catherine Cherry Minutes Specialist 140397 8