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