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Minutes 08-12-14 MINUTES OF THE COMMUNITY REDEVELOPMENT AGENCY BOARD MEETING HELD IN COMMISSION CHAMBERS, CITY HALL, 100 E. BO ON EACH BLVD., BOYNTON BEACH, FLORIDA ON AUGUST 1, 2014, AT 6:30 P.M. PRESENT: Jerry Taylor, Chair Vivian Brooks, Executive Director Joe Casello, Vice Chair Ken Spillias, Board Counsel Buck Buchanan Michael Fitzpatrick Woodrow Hay Mack McCray David Merker 1. Call to Order Chair Taylor called the meeting to order at 6:30 p.m. 11. Invocation and Pledge to the Flag Mr. McCray gave the invocation followed by the members reciting the Pledge of Allegiance to the Flag. Ill. Roll Call Roll call established a quorum was present. IV. Legal: Attorney Spillias requested the Board disregard Item IV. 1. that was incorrect. V. Agenda Approval A. Additions, Deletions, Corrections to the Agenda Vice Chair Casello pulled Consent Agenda Items D and E and requested the CRA sunset date be provided at the next meeting. MEETING MINUTES COMMUNITY REDEVELOPMENT AGENCY BOARD BOYNTON BEACH, FL AUGUST 12, 2014 B. Adoption of Agenda Motion Mr. McCray moved to approve the agenda as amended. Mr. Hay seconded the motion that unanimously passed. VI. Informational Items and Disclosures by Board Members and CRA Staff: A. Disclosures of Conflicts, Contacts and Relationships for Items Presented to the CRA Board on Agenda Items Mr. Fitzpatrick disclosed he met with the developer of the 184 unit project at High Ridge and Miner Road. Vice Chair Casello also met with Eastwind Development LLC Company and with the Fitzgerald Group which was a commercial real estate group looking to do business in Boynton Beach. Messrs. Merker, McCray, Hay and Buchanan disclosed they met with representatives of Neighborhood Renaissance. Chair Taylor also met with the developer of the Miner and High Ridge Road project and the Fitzgerald Group about another project in Boynton Beach. B. Informational Announcements Mr. Hay advised on August 2, 2014, he attended the Pathways 2 Prosperity Back to School activity which was a great success. Over 1,000 people attended the well- organized event. On August 6th he attended the Ribbon-Cutting Ceremony at Primo Hoagies. He advised he and his wife would be returning for more good food. Mr. McCray inquired if the Boynton Beach Coalition of Clergy, a new organization, would have their Back to School event. Mr. Hay responded it would take place on Saturday, from 11 a.m. to 4 p.m. at the Carolyn Sims Center. He invited all to attend and show their support. VII. Announcements & Awards: None I. Consent Agenda A. Approval of Minutes — CRA Board Meeting, July 8, 2014 B. Approval of Period Ended July 31, 2014 Financial Report 2 MEETING MINUTES COMMUNITY REDEVELOPMENT AGENCY BOARD BO Y N TON BEACH, FL AUGUST 12, 2014 C. Monthly Purchase Orders D. Approval of Interior Build -Out Grant to Oceano Realty, Inc., d /b /a Ocean East Properties This item was pulled by Vice Chair Casello. E. Approval of Rent Reimbursement Grant to Oceano Realty, Inc. d /b /a Ocean East Properties. This item was pulled by Vice Chair Casello. IX Pulled Consent Agenda Items: D. Approval of Interior Build -Out Grant to Oceano Realty, Inc., d /b /a Ocean East Properties Vice Chair Casello noted the lease starts in August and he received confirmation the lease was signed. He inquired who was receiving the grant as there was a landlord and two principal owners. Ms. Brooks explained the landlord had to approve the work, but two women own the company. Motion Vice Chair Casello moved to approve. Mr. McCray seconded the motion that unanimously passed. E. Approval of Rent Reimbursement Grant to Oceano Realty, Inc. d /b /a Ocean East Properties Motion Vice Chair Casello moved to approve. Mr. McCray seconded the motion that unanimously passed. X. Information Only A. Public Comment Log B. CRA Development Project Update: Boynton Harbor Marina Harbor Master Building Project 3 MEETING MINUTES COMMUNITY REDEVELOPMENT AGENCY BOARD BOYNTON BEACH, FL AUGUST 12, 2014 Chair Taylor noted there was a complaint about the trash and the pier at Marina Village. Ms. Brooks explained much of that is maintained by the City. Most of the issue was a lack of maintenance such as replacing dead plants and exposed irrigation and Chair Taylor agreed to follow up with the City. Chair Taylor also noted there were complaints about hoses and fish blood. Ms. Brooks explained that type of complaint would occur, but the Marina manager stays on top of it. She suggested the Marina Manager may not have seen it at that time because she and Mr. Simon do not see that occurring on a regular basis. The CRA pays the Marina Manager and two staff members to maintain the premises and they alerted him to the concern. The pictures shown were of the SeaMist which was on private property. When the complaint was received, Mr. Simon sent it to Public Works with a copy to the City Manager. The only CRA item they had to address was the banner which they replaced. C. CRA Development Project update: Parking Lot Project on NE 1 st Avenue and NE 1 st Street and a Sidewalk Connector located at 208 NE 1' Avenue Vice Chair Casello commented it appeared progress had stopped on the parking lot and there was a pile of debris in the middle which was unacceptable. Ms. Brooks contacted the contractor asking about the debris and was told they were waiting for a full load. She informed the vendor it was not acceptable. Otherwise, the project was progressing. Irrigation and electric for the light poles had been installed. Construction of the lot appears to proceed on a slower basis because there are items installed underground which were not visible. Mr. Simon reminded the contractor the lot was at the front of City Hall and was a well-traveled area. The contractor should haul the trash as it accumulates. He noted the City generally requires a dumpster since the material was site debris. Mr. McCray requested the next time a gap in progress occurred, staff notify the Board. I. Public Comments Annette Gray, former CRA Consultant, advised she developed a series of community programs and she was back in the community with a global family of businesses. She expressed the business incubator was not in the CRA district due to the space constraints. She was developing a mobile entrepreneurship training bus she could take to community schools and churches. She wanted to alert the Board to this new resource and she was looking forward to working with staff and the Board. Ms. Gray explained the CRA did not have retail space in the size and depth she needed. Mr. McCray explained he hoped that could be resolved soon as he took offense. She responded she did not intend to offend. Chair Taylor closed public comments. 4 MEETING MINUTES COMMUNITY REDEVELOPMENT AGENCY BOARD BOYNTON BEACH, FL AUGUST 12, 2014 II. Public Hearing None. III. Old Business: A. Report by Lyman Reynolds on the Status of the Lisa Bright vs. CRA Case Attorney Spillias explained he spoke with Lyman Reynolds and Ms. Bright's case against the CRA was dismissed on Summary Judgment. She appealed and was denied. Ms. Bright obtained new counsel and filed a motion with the trial judge to enter a final judgment on the basis the judge's summary judgment order was not a final judgment. Ms. Bright did not appeal that decision and the time for appeal passed so the case against the CRA was over and dismissed with finality. There was a request of Mr. Reynolds to disclose the attorney - client sessions on the basis the case was over, but the judge denied the request due to Ms. Bright's lawsuit against the City and Mr. Rodriguez on related issues. There is case law that in these situations, the records of the closed- sessions are sealed until that litigation was over. B. Consideration of Action on the RFP /RFQ for Ocean Breeze East Site Attorney Spillias explained this matter had been brought to him after Ms. Brooks was asked, under the RFP rules, whether Board members could speak to RFP Respondents and one already had. He reviewed the RFP and there was a provision for a cone of silence up to a certain point in time. Proposers could not make contact with Board members or staff, except as specifically detailed in the RFP. He understood how the language could be viewed as precluding contact only up to the point the proposals were submitted to the Board, and a layman's reading would not be unreasonable. He clarified the reason for the cone of silence after proposals were submitted was to prevent contact with decision makers for varying reasons. Decision makers should rely on the documentation, the recommendation of the review committee and the presentations that were made. Some Board's want cones of silence and some do not. Attorney Spillias' initial interpretation was the language appeared to be a traditional cone of silence that was poorly written. He asked if there was a Board policy regarding the issue and Ms. Brooks provided him with minutes from 2011. At that time, the Mayor was seeking to remove the cone of silence because he wanted to talk one -on -one with the presenters before the presentation and the motion was to maintain the cone of silence. Due to the history provided, it was likely intended to be a traditional cone of silence, but the language in the RFP could leave one to believe it was not. To minimize the risk of litigation and ensure the proposals moved forward, the Board could disqualify the one proposer for violating the cone of silence, reject all the 5 MEETING MINUTES COMMUNITY REDEVELOPMENT AGENCY BOARD BOYNTON BEACH, FL AUGUST 12, 2014 proposals and reissue the RFP, or decide at the meeting or the next meeting the cone of silence would not be in effect for the process as they moved forward and let other proposers meet with the Board members on this project. Attorney Spillias advised the safest option was to reject the RFP, but it was defensible to allow contact with other proposer as well. He received a letter from Brian Hinners, CEO of Florida Affordable Housing Inc., a representative of one of the respondents, who had not spoken to the Board. His group wanted to move forward and he waived any protest they may have of a possible violation of this provision of the RFP. The letter would give the Board additional protection and more flexibility. They could now move forward without anyone claiming foul. Attorney Spillias suggested Mr. Hinners and another representative from the organization confirm what was in the letter. If the Board hears from each proposer, there should be no conversation about the substance of the proposal at this meeting because it was not on the agenda for this purpose. The purpose was how to proceed procedurally. He advised if moving forward, the Board proceed under the criteria he detailed. Mack Bernard, Florida Affordable Housing, 777 E. Atlantic Avenue, Unit 200, Delray Beach confirmed they did submit the letter yesterday and did not have a problem moving forward. He suggested they keep the process going and that since there were only two responses, they did not need a ranking committee. Both proposers should present to the CRA Board so they could make a decision. He proposed to hold a special meeting within two weeks because timing was important. There were deadlines for the H.O.M.E. and S.A.I.L. funds, which they would use for the project. They did not communicate with anyone, and did not want to be penalized for missing the deadlines for their project. Michael Pecar, Neighborhood Renaissance, 510 24th Street, West Palm Beach, was amenable to having a special meeting in two weeks. Mr. Merker asked if they could have a meeting to not have a cone of silence, and Chair Taylor responded this could be discussed at another meeting. Mr. McCray asked if there would be problems with the Inspector General, and Attorney Spillias explained the Inspector General would advocate it was better to have the cone of silence in this process, but it was not an ethics or legal issue. It was a policy issue. The RFP gives the right to waive some criteria. This may not be a non-substantial criterion, but in this circumstance, waiving it may be appropriate. The rules in the RFP were intended to ensure there was a level playing field and no unfair advantage was given. 6 MEETING MINUTES COMMUNITY REDEVELOPMENT AGENCY BOARD BOYNTON BEACH, FL AUGUST 12, 2014 Chair Taylor explained the Attorney General had advised the matter was not under their jurisdiction. They turned it over to the Ethics Committee and there has been no response. Mr. Merker asked if they could find out whom the person or company was that questioned the Inspector General. Attorney Spillias advised if the Inspector General did not find a wrong doing, no one would ever know. Mr. Merker inquired if the matter coincided with the Board of Ethics because they may not issue an open statement, but it would be in the records that could be retrieved. Attorney Spillias was unsure and at Mr. Merker's request, agreed to look into the matter. Mr. Hay explained Ocean Breeze East would be a big boost for the Heart of Boynton and he believed the cone of silence should only be used when necessary because he likes to speak to developers before he votes. He did understand the purpose of the cone of silence. He thought they were delaying the project over wording that did not exist in the RFP, and if they reissue the RFP, the same two developers would apply. He acknowledged one of the respondents indicated they would be negatively impacted if they had to start over. He saw it as an error on Ms. Brooks part as she did not emphasize it, an error on Attorney Spillias' part, and an error on the part of the members because they voted for it. The perception of the community was this was a way to delay a major project in the HOB. He favored the project proceeding as is and changes in wording should apply to next project. Chair Taylor announced he had intended to start over, but the letter alleviated that concern, and he was willing to move forward. Vice Chair Casello asked what the ramifications would be if the Inspector General's office decides the CRA broke their own rules. Attorney Spillias explained the Inspector General's office has no enforcement power. They would issue a report explaining what they viewed was not financially efficient and recommend what they think the Board should do in the future. Vice Chair Casello asked if there was anything in the RFP that Respondent's would have to submit if they were involved in a lawsuit or litigation, such as occurred with West Construction. Attorney Spillias explained different RFPs have different requirements and he did not think it applied to this RFP. Vice Chair Casello noted a newspaper article about Neighborhood Renaissance having legal issues with West Palm Beach and foreclosures and asked if that would preclude them from submitting a response. Attorney Spillias advised under the criteria in the RFP, it would not. Vice Chair Casello pointed out Attorney Spillias was directed to go through the RFPs to add language to avoid this situation and this was the second time there were problems with the RFP which was unacceptable. He blamed Ms. Brooks and Attorney Spillias for two errors and declared the Board could not keep stumbling over their own RFPs. The 7 MEETING MINUTES COMMUNITY REDEVELOPMENT AGENCY BOARD BOYNTON BEACH, FL AUGUST 12, 2014 RFPs must be crystal clear in their directions and he warned someone will have to answer the next time a problem occurred. Ms. Brooks accepted responsibility and commented since she read the language literally; she had not considered the purpose of the cone. There was no caption on that paragraph saying the cone of silence applied and she misdirected the Board. Attorney Spillias acknowledged he did not write the RFP, but did review it and he accepted responsibility. Chair Taylor pointed out the Board was supposed to be knowledgeable and they have new members. He suggested in the near future, they hold an educational seminar to advise members about the cone of silence and how it works. Mr. Merker noted Auburn Development had issues with owing Delray Beach money, not Neighborhood Renaissance and he had articles dated March 27 and April 1' indicating a mistake was made. He thought they should discuss whether the cone of silence was good or not because it was important. Vice Chair Casello agreed Mr. Merker was correct, but pointed out articles written in the Palm Beach Post indicated Neighborhood Renaissance in 2004 and 2005 did not pay back loans owed to West Palm Beach. Mr. Fitzpatrick wanted to see the cone of silence be the same as the City's. The City's policy permits discussion as long as they are a registered lobbyist. It did not matter which policy was used, or that they be the same. Also under disclosures, he pointed out citizen David Katz, called twice and they had short conversations. Mr. Katz seemed to speak in favor of Florida Affordable Housing. He did not agree with Mr. Bernard's request to drop the rankings, because staff uses their expertise when they rank the responses and they are aware of items the Board members may not know. He favored having a special meeting in two weeks. Attorney Spillias disclosed he received a voicemail from Mr. Katz indicating he had a question. He emailed him back informing him that when he represents a Board, he does not respond to residents without approval of the Board because it would be spending the CRA's money without their control and Mr. Katz understood. Mr. Buchanan was also called by Mr. Katz who was trying to present arguments for not issuing a new RFP and proceeding. He agreed with Mr. Fitzpatrick to continue with CRA and City staff analysis of the proposals. Although Florida Affordable Housing waived the penalty, he thought they still needed a level playing field and it should be made clear to both parties they are free to contact Board members. He supported having a special meeting. Mr. McCray favored keeping the analysis intact and moving forward. He also supported the harsh words spoken to Board Counsel and the Director, but acknowledged 8 MEETING MINUTES COMMUNITY REDEVELOPMENT AGENCY BOARD BOYNTON BEACH, FL AUGUST 12, 2014 everyone makes mistake. He did not want to meet with anyone else and wanted staff direction. Mr. Merker agreed with moving forward and inquired if Mr. Katz was a lobbyist or getting paid for his inquiries. He had not received a call from him and noted Mr. Katz does not live in District II. He thought it interesting Mr. Katz was so emphatic saying what he thinks. He thought Mr. Katz should also be careful with his inquires so he does not get in trouble. Chair Taylor advised there was consensus to move forward, maintain the committee ranking and have a special meeting in the next two weeks. After brief discussion, Tuesday, August 26 was selected. Ms. Brooks would check to find a meeting location and the Board could speak to both parties if they wanted. The applicants were in agreement with the provisions. Motion Vice Chair Casello motioned to move forward with the RFPs with the stipulations. Mr. McCray seconded the motion. Vice Chair Casello noted Ms. Brooks, at one time, was on the selection committee, but was no longer on it. She had left employment from Neighborhood Renaissance in 2005. The motion unanimously carried. The members further discussed dates for the meeting due to the 26 being a primary election. Monday August 18 was suggested. Mr. Buchanan would not be available and Mr. Merker was unsure. Meeting before the City Commission meeting at 5 p.m. was also suggested. Ms. Brooks advised she would provide the notice via email and backup via thumb drive. Hard copies would also be available. C. Presentation on Business Development Advertising Campaign Ms. Brooks announced a presentation had been prepared, but the equipment was not working. Motion Mr. McCray moved to table to the next meeting. Mr. Hay seconded the motion that unanimously passed. 9 MEETING MINUTES COMMUNITY REDEVELOPMENT AGENCY BOARD BOYNTON BEACH, FL AUGUST 1, 201 XIV. New Business A. Consideration of Safety Assessment Services Proposal and Contract for Ken Stapleton & Associates for Safety Assessment Service in the Amount of $19,000 — Tabled July 8, 2014 Motion Mr. McCray moved to remove from the table. Mr. Hay seconded the motion that unanimously passed. Ms. Brooks explained she was directed to obtain past reports from Mr. Stapleton. She emailed him and his response was he would not provide them. Motion Mr. Fitzpatrick moved to decline his offer. Mr. Merker seconded the motion that unanimously passed. B. Consideration of a Purchase Agreement between the CRA and Nathaniel Robinson for Property Located at 517 NE 'I' Street in the amount of $74,000 (purchase price) & $15,000 (relocation assistance) Ms. Brooks explained this property was a single-family home which was owner occupied. The owner, Reverend Robinson, was elderly and the home was in very poor condition. The back was starting to rot. Staff was allowing him to live in the home for another 90 days until he found another residence. The appraised amount was $65,000. Vice Chair Casello inquired if relocation expenses were new and Ms. Brooks explained they were not. They had used them for the Little House. He asked what the maximum amount of relocation assistance was and if the owner could relocate to California. Ms. Brooks explained the residents usually move locally. Staff researched the last time relocation assistance was used, and used that amount as the benchmark, Motion Mr. McCray moved to approve. Mr. Merker seconded the motion. Chair Taylor asked if staff knew where he would relocate. Ms. Brooks had suggested he use a realtor since he expressed he was having a hard time finding a home due to the cost. Chair Taylor explained staff was giving him $12,000 over value and $15,000 for the relocation. Ms. Brooks explained the home would soon advance to a tax sale. There are liens and that issue would be addressed leaving him with less money. Even in Leisureville, homes were expensive and he would not get much cash out of the deal. 10 MEETING MINUTES COMMUNITY REDEVELOPMENT AGENCY BOARD BOYNTON BEACH, FL AUGUST 12, 2014 Mr. McCray explained Reverend Robinson has been a member of the community for many years. The CRA was not really giving him something, but as a citizen was saying we wish you the best. He requested if the 90 days did not work, another extension be given. Ms. Brooks recognized the matter was a hardship and explained he would not be able to move himself. Mr. Buchanan did not want the property to go to a tax sale, and thought it would give rise to having another bad landlord. Vice Chair Casello wanted to change the relocation assistance to be up to $15K and have it be on a reimbursable basis. Mr. McCray thought the assistance should be handled consistently as was done with the Jones property as they set a precedent. Vice Chair Casello expressed the CRA cannot take every hardship case. Mr. Buchanan explained there is first, last and security to consider as well as fees for electric and water hookups. Additionally, if the recipient purchased a home, he would need a down payment. Ms. Brooks explained the Board could indicate up to what amount they would pay- Motion Vice Chair Casello moved to change the wording to indicate up to $15,000. The motion died for lack of a second. Chair Taylor called for a vote on the original motion. The motion passed 6 -1 (Vice Chair Casello dissenting.) V. Executive Director's Report A. New Businesses in CRA District Ms. Brooks explained due to switching some employees around, the report was not available. B. Property Acquisition Report None. C. Development Projects Update Ms. Brooks announced Casa DelMar submitted their plans. This project was on the north end of the CRA district next to the Peninsula. The packages for the Ocean Breeze East RFP were available and she requested the members pick them up before leaving. 1 MEETING MINUTES COMMUNITY REDEVELOPMENT AGENCY BOARD BOYNTON BEACH, FL AUGUST 12, 2014 Mr. Fitzpatrick explained he would like to direct staff to work on the cone of silence that the City used. He added he did not support Vice Chair Casello's motion regarding relocation assistance, and thought it could be reviewed, so it may allow up to $15,000 on future projects. There was agreement a policy would be made. XVI. Future Agenda Items: None XVII. Adjournment There being no further business to discuss, Chair Taylor adjourned the meeting at 7:38 p.m. Oath'ApaI14-L . " dlulif- Catherine Cherry Minutes Specialist 082214 12