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Minutes 01-13-15 MINUTES OF THE COMMUNITY REDEVELOPMENT AGENCY L BOARD MEETING HELD IN COMMISSION CHAMBERS, CITY HALL, 100 E. BOY ON EACH BLVD., BOYNTON BEACH, FLORIDA, ON JANUARY 1, 2015, 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 I. Call to Order Chair Taylor called the meeting to order at 6:32 p.m. Ill. Invocation and Pledge to the Flag This item was not addressed. Ill. Roll Call A quorum was present. IV. Legal None. V. Agenda Approval: A. Additions, Deletions, Corrections to the Agenda Chair Taylor requested reordering the agenda and swapping Old Business Items A and B, and moving New Business, Item F after Public Comments. B. Adoption of Agenda Motion Mr. McCray moved to approve the agenda as amended. Mr. Hay seconded the motion that unanimously passed. Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida January 13, 2015 I. Informational Items and Disclosures by Board Members and CRA Staff: A. Disclosure of Conflicts, Contacts and Relationships for Items Presented to the CA Board on Agenda Items Messrs. Hay, McCray and Vice Chair Casello had no disclosures. Mr. Merker commented he would like to read a statement he wrote which was meaningful to him, but because of the matters the Board would be discussing, he was unable to do so. He found a passage to be a true representation of the Country's history which he read as follows: "What makes a man a man? He has a dream. A dream driven by his innermost thoughts and beliefs of what is good and what is bad for all. He awakens in the middle of the night to realize just that. It is a dream. He goes back to sleep, but cannot sleep and then realizes that his dream is a job that must be started and must be completed for all. I had a dream is what we often have; however, very few of us will step out of that dream and make our innermost thoughts move forward to make it reality. The Right Reverend Martin Luther King did just that. He had a dream and he made it reality for all mankind. He realized that to change the course of time, one must educate and inform his fellow man. That's one mind and heart, having to be aware that living a life is a wonderful thing, but living a life with a purpose is a dream that can and will and must come true. That man, Dr. Martin Luther King — his life was taken on April 4, 1968, and from that day and forever more, we will all look back and reflect with a saddened heart and with an open mind that we are one. That all people living together as one will help improve and accomplish all that God has given us. A heart, a mind and a soul that we have, gives life a purpose that life is truly, truly a wonderful dream. Dr. Martin Luther King is a part of American history. American history 101 is just that - a dream where all mankind wanting to, and working together to make dream come true for all." Mr. Merker commented he would not finish his comments because he was asked to do the talk and it becomes personalized because the honor to speak about Martin Luther King was taken away. He commented his passion is American history. A book called "Death of a King" is about the last year of Dr. King's life. With Martin Luther King Day approaching, Mr. Merker wanted to give the public a part of what he was going to say and he hoped it touched the public in a positive way of where America is going today. Mr. Buchanan announced he had a discussion with Jim Williams about Ocean Breeze East. Mr. Hay commented the Ocean Breeze West project, consisting of 21 homes, was completed. The ceremony and ribbon cutting was outstanding. He noted the project came in under budget and was a long time coming. He did not want it overlooked. 2 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida January 13, 2015 Mr. Fitzpatrick advised he had a brief discussion with Bart Ramsey regarding Marina Village Parking. B. Informational Announcements VII. Announcements & Awards: A. Movies in the Park (Mr. McCray left the dais at 6:39 p.m.). Ms. Brooks announced the next movie will be in February. Staff had not yet made their movie selection. She noted they can select from the latest movies that are available. (Mr. McCray returned at 6: 41 p.m.) B. Happy Hour Thursday — Music on the Rocks Ms. Brooks announced the band, String Theory would be playing at 6 p.m. at the amphitheater and food and beverages would be available for purchase. She also announced concerts will be on Fridays starting this month. She commented staff received a request to start them on Fridays at the amphitheater as opposed to Thursdays. VIII. Consent Agenda: A. Approval of Minutes — CRA Board Meeting, December 9, 2014 B. Approval of Period Ended December 31, 2014 Financial Report C. Monthly Purchase Orders D. Approval of Special Events and Promotional Assistance Grant to Schoolhouse Children's Museum I. Pulled Consent Agenda Items: Mr. Hay noted Mr. Fitzpatrick was present for the December 9th meeting. X. Information Only: A. Public Comment Log There were no comments on this item. 3 Meeting Minutes Community Redevelopment Agency or Boynton Beach, Florida January 13, 2015 B. Summary of CRA Property Valuation by Category There were no comments on this item. C. Business Development Advertising Campaign none There were no comments on this item. I. Public Comments: (Note: comments are limited to 3 minutes in duration) Julie Oldbury, Director of Human Resources and is Management, announced the City of Boynton Beach was participating in the third annual Let's Move/Commit to Change physical activity challenge. This was First Lady Michele Obama's initiative to raise a healthier generation of children. Last year, the City of Boynton Beach logged over 100,000 minutes and was named team champs. She appealed to the Board for their help in reclaiming the title and participating in the campaign which runs from January 10th to January 31 Participants are asked to engage in 30 minutes of sustained activity and log their minutes at CBS12.com/Lets Move. In advance of their commitment, she provided the Board members with Let's Move tee shirts. Vice Chair Casello noted he is physically active and his New Year's Resolution was jogging/powerwalking with the firefighters and paramedics at Station 3. His first day out he fell, broke two ribs and bruised his shoulder. Mr. Hay commented Boynton Beach won every year for the last several years. He advised Channel 12 was trash talking saying they will beat Boynton Beach. Mr. Hay wants all to participate so Boynton Beach can trash talk back. Steve Anton, 234 SE 2 nd Avenue, commented the City has a unique opportunity, due to the Florida Everglades leading to the ocean, which is an untapped money pit. He urged the-City to take advantage of it. He commented a retired biologist or park ranger could give educational eco and agricultural tours. He thought it was important to have items of interest for people to see, which do not cost up to $12,000. He commented the tours would be low impact and lots of fun. Educational tourism was significant and it appeals to baby boomer retirees that are professors or individuals who just want to learn. They would spend a lot of money to do so. The City is an epicenter with FAU, SCRIPPS, Nova Southeast and other Universities nearby. These tours would be a huge draw. Dr. Barry, SE 1 St Street, explained he walks on SE 1 Street every day for three hours and commented drivers were cutting from 1' Street from Seacrest. The posted speed limit is 25 mph, but motorists travel at 50 or 60 mph. There are also kids walking in the middle of the street, and kids on bikes with no lights or reflectors. He is afraid to drive 1 Street at night because of the kids. He pointed out he has never seen an arrest of those speeding or having improper bikes, or anything else. He requested three speed bumps on SE 1' Street be installed, because motorists go through the stop signs. 4 Meeting Minutes Community Redevelopment Agency or Boynton Beach, Florida January 13, 2015 Chair Taylor closed Public Comments. XII. Public Hearing: None. XIII. Old Business: F. Discussion of CRA Board Member Behavior (Heard out of order.) Mayor Taylor explained he would make his opening comments on the matter. Members of the public can make statements and the matter would then return to the Board for their comments and actions. Mayor Taylor explained he received two emails concerning a claim of improper behavior by Board Member David Merker. Having this knowledge, he believed it was the responsibility of the CRA Board to take appropriate action to address the situation. Mayor Taylor read the first email into the record as follows: "Dear Commissioner Merker, I want to discuss something that happened at our regularly scheduled meeting on December 23 At our meeting, you commented on my appearance several times. Then as you were walking out the door you grabbed my posterior. I commented that you were being 'handsy' today. Although I have attempted to explain on many occasions that as an elected official, you have a certain code of conduct that is expected of you, you continue to exhibit inappropriate behavior towards women. I am your employee and should not be subjected to being touched or spoken about inappropriately. I do not desire it nor will I tolerate it. I had to think long and hard about writing this email as it could negatively impact my career. It is usually the victim that becomes the casualty in this situation. But I have a daughter and I could not live with myself if I did not stand up for what is right. I am here to help you guide the City in the most professional manner possible. I have many years of experience and educational training to offer you. Please do not jeopardize a professional relationship with continued inappropriate behavior. Thank you, Vivian Brooks, Executive Director." She also forwarded that to the CRA attorney. Mayor Taylor read the second email into the record as follows: "Dear Chair, Vice Chair and Board Members, as you now know, an incident occurred between Comm issioner/Board Member Merker and myself. It involves his inappropriately touching me. Rather than rely solely on excerpts of my email to Commissioner Merker published in the media, or Commissioner Merker's comments to the press, . I have attached my email and an agreement drafted by the CA's attorney. The agreement would have put this issue to rest, for me at least, if Commissioner 5 Meeting Minutes Community Redevelopment Agency Board B oynton Beach, Florida January 1, 2015 Merker had agreed to sign it. He initially agreed to do so, and then decided not to. My desire was not to have this become a public spectacle for the City and CRA and quite frankly for myself. However, Commissioner Merker's behavior has crossed a serious line for me. Constant discussion with him has done nothing to change the behavior. A person should not have to work in an environment where they are subjected to constant inappropriate talk, or the potential of unwanted physical touching that Commissioner Merker thinks is so charming and funny. It is neither. Although it is one person's word against another's, please be aware that the day the Palm Beach Post broke the story, a vendor for the CRA called and said she had the same issue with Commissioner Merker. She said she would be willing to speak on the record if need be. Please feel free to call me regarding this matter." Mayor Taylor commented, as stated in the email, this type of behavior on the part of Board Member Merker is not a one -time occurrence. He quoted Ms. Brook's: "Although I have attempted to explain on many occasions, that as an elected official, you have a certain code of conduct expected of you, you continue to exhibit inappropriate behavior towards women." Mayor Taylor stated other female employees and women in the community have complained to him about Mr. Merker's inappropriate actions and /or statements and up until now, he had been unable to act on those complaints because the individuals were afraid to go public fearing a backlash to their employment or career opportunity. However, if an external investigation were undertaken, they would speak out. Mayor Taylor conveyed another occasion in a City office staffed by several female employees; Commissioner Merker loudly shouted his displeasure with the situation, while using the "F" word over and over, until asked by one of the women to please refrain from that language. Mr. Merker, in the newspaper, denied that anyone had ever spoken to him about inappropriate behavior. Mayor Taylor commented he had personally spoken, on several occasions with Mr. Merker, and reminded him that as an elected official he needed to think about his conversations with women and his reply was "I got to be me." Mayor Taylor announced several other people on a City supervisory level have counselled Mr. Merker about his actions and statements. Considering this information, Mayor Taylor advised he had no reason to doubt the veracity of the Executive Director's email. Unfortunately, he could not say the same about Mr. Merker's denials. He believed Mr. Merker had established a pattern of this type of unacceptable behavior and those actions embarrassed the CRA Board and the City. He asked Mr. Merker to immediately resign his elected office and recommended, if Mr. Merker refused to do so, the CRA Board request the CRA attorney contact the proper outside authority to conduct an investigation of these complaints, and to censure Mr. Merker this evening as an expression of disapproval towards this type of behavior with two conditions: A) that during the investigation, his supervisory authority of Executive Director Vivian Brooks be 6 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida January 1, 2015 terminated, and B) that any one -on -one meeting between Mr. Merker and a CRA employee be conducted with a third party present. Chair Taylor opened the public comments: Steve Anton, 234 SE 2 "d Avenue, remarked this should be a reality program because this is a pattern with the CA and the Board. Ms. Brooks has a right to her complaint, and there is a process and human resources manual that should have been followed. He inquired if it applied to this Board. If there was a pattern, it should have been addressed through Human Resources. He commented the Board should follow the rules, and the matter being aired in the press was a bigger embarrassment. Regardless of the outcome, the rules were there for protection to make the City look professional. He was upset at the unprofessionalism and the process not followed. David Katz 67 Midwood Lane, former City Commissioner and 33 -year resident of the City commented Mr. Merker spoke of a dream and he created a nightmare for the City. He opined he is an embarrassment to the Board, the City Commission, the City and the community of Hunters Run. Many comments the Mayor made were also previously made by Mr. Katz. He thought an independent investigation was appropriate and agreed Mr. Merker should resign immediately. Vice Chair Casello understood the Human Resources Department had no investigative powers regarding this matter. Attorney Spillias responded in regard to the email Ms. Brooks sent, Ms. Brooks had indicated to him it was not her intention to file a formal complaint requiring a formal investigation. It was only intended as a message to Mr. Merker, but the matter became more public than was intended. Generally, with a contract with Human Resources, the Human Resources Department provides support services for the CRA, but not necessarily these types of investigations because the CRA is a different entity and the CRA has their own HR Manual. Vice Chair Casello inquired what the next step to investigate the allegation would be. Attorney Spillias explained Mayor Taylor would direct the attorney to hire an appropriate professional to conduct an investigation. It was important he ascertain if the expenditure would be an allowable use of CRA funds. If Attorney Spillias thought it would not be an appropriate expenditure, he would bring it back to the Board. Attorney Spillias commented the CRA Board has no authority under the law to take any kind of action regarding Mr. Merker, if a determination is made that wrongdoing occurred, such as removal from office. The Board could determine if there are protocols that needed to be put into place, should there be a finding of inappropriate conduct to guard against inappropriate conduct in the future. If an investigation were to disclose the type of conduct that would call for removal from office under the City Charter, they would have to contact the City Attorney. Vice Chair Casello explained the Board employs and directs the CRA employees. One member has an allegation against a Board member. Attorney Spillias reiterated the 7 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida January 1, 2015 CRA Board has the authority to put procedures and protocols in place based on the outcome of an investigation. He believed it would be sufficient basis to expend the funds, but the Board could not take formal action to remove Mr. Merker from the Board. Vice Chair Casello commented he was sickened by the prior sexual harassment case and protocols should have already been in place. He emphasized the Board should start an investigation immediately and fund it. He hoped that if the allegations were true, the man involved would have the decency to resign on his own. Attorney Spillias explained the Board has general protocols, but based on the investigation, a determination if there are special protocols with regard to Mr. Merker and his contact with staff would be made. Mr. Hay agreed with Vice Chair Casello's comments. He noted the Board spent a lot of time branding the City and the situation was disappointing. The Board was trying to encourage developers to come to the City and all the developers have to do is look on the Web and the rest is history. He commented he agreed an investigation was appropriate, but if the allegation was true, Mr. Merker should be punished to the full extent of the law. It was important to give Mr. Merker his rights as an individual, but Mr. Hay wanted to ensure if the investigation moved forward, Attorney Spillias would hire an outside attorney not associated with his office. Attorney Spillias responded he would. Mr. Fitzpatrick received confirmation from Attorney Spillias, the relationship between H and the CRA was similar to an a la carte relationship: the City does payroll, does not hire for the CRA, the Director does her own hiring and more. It is very specific and limited. Mr. Fitzpatrick also commended Ms. Brooks' courage to step forward and commented based on his observation with other staff, women staffers do not like to be left alone in a room with Mr. Merker and at multiple events, he monopolized staff, i.e. Pirate Fest or the boat parade. He tries to strike up a conversation with employees when they are trying to do their job. He likened the issue to a Mel Brooks attitude," it's good to be king." Mr. Fitzpatrick found Ms. Brooks credible, but allegations were not proof and they were moving into unknown waters. Mr. Fitzpatrick expressed it was prudent to go forward in a safe manner so it does not come back and take more time or money because steps were missed. He favored an investigation. If more people stepped forward, they will move forward. If no one steps forward, then Ms. Brooks becomes just one brick in a possible future wall, but on its own, a memo is not an actionable item. He supported an investigation, but nothing after that until the outcome is known. Mr. McCray liked Mr. Anton's comments and noted a man was innocent until proven guilty. He was not in favor of an investigation and pointed out there were adults sitting on the dais. He recalled all the CRA was created for blighted areas within the City and District II was one of the most blighted areas and where the money should be spent. He questioned the need to make the situation more of an issue when it was not and spending money for an investigation when the two adults were willing to let things go. He counseled Mr. Merker has his faults, but everyone has skeletons. He encouraged 8 Meeting Minutes Community Redevelopment Agency Board B oynton Beach, Florida January 1, 2015 all to be human. The members say prayers and want to be directed, led and guided and after the prayer, they ridicule. He was not in favor of an investigation and wanted the money spent where money was supposed to go. He suggested all act like adul,s step to the plate and stop making Boynton Beach a ridiculed City, and show they can do positive things as a Board. The Board has no power to remove an elected official. Only Governor Scott could remove him. He emphasized the City does not have that power and it is a moot item. He urged the Board spend the money on MLK Boulevard, move the City forward, and to stop the witch hunt on individuals who sit on the Board. Mr. Buchanan commented it was fine if the matter was resolved by mutual consent, but thought an investigation for the protection of everyone involved was needed. He queried if it would be more appropriate for the City Commission to drive the investigation as Mr. Merker also sits as a Commissioner. Attorney Spillias was uncertain of the term "appropriate" and responded the City has more resources, has the ability to undertake a broader investigation, and perhaps has the ability to take action the CRA Board cannot take. The complaint comes from a CRA employee, but there are allegations that go beyond CRA employees. Mr. Buchanan inquired if the Board proceeded and an investigation showed some impropriety, the most the Board could do is send it to the City Commission. Attorney Spillias responded the Board could put in place protocols to the particular Board member. If it goes beyond that and more action was needed, it should be sent to the City Commission. Mr. Merker said emphatically, this did not happen. He tried, when he was interviewed, to show the relationship he and Ms. Brooks have is professional. He explained he meets every week, not only with Ms. Brooks and Ms. LaVerriere, but with other department heads, male and female, and he meets with them every week so he could learn. He expressed as a leader, or business owner, one wants to know who is working for you and their strong and weak points to encourage them. Mr. Merker explained he was taken aback by the second letter Ms. Brooks wrote. He explained he met with everyone. and he keeps meeting with them and it has been a learning curve. He reiterated he was taken aback this was brought up. He commented he will not lower himself, but he learned things about Ms. Brooks and her family and she learned things about him. It was nothing to burn or hurt and some statements she made were questionable to him. Because of the definition and being in a position of being a leader, one learns about someone's strengths and weaknesses as they learn yours. The idea the Board members are psychologists surprised him. He asked Vice Chair Casello why he got divorced and answered there are reasons things happen. In his situation, it is beyond that. When asked by Mr. Katz why he never married, Mr. Merker explained it never happened for him. Mr. Merker stated Mayor Taylor and Mr. Katz had Christmas dinner together and play golf. Mr. Merker commented the point was individuals have asked him if he was considering running for Mayor and he responded he was. From that point on, there is venom or hate and he indicated Mr. Katz was pure scum because he hates. This is a team effort and the situation hurts. In most issues, even Mayor Taylor and he are on 9 Meeting Minutes Community Redevelopment Agency Board B oynton Beach, Florida J 1, 2015 the same page, especially with development issues. He explained egos are strange and Mayor Taylor was Mayor five times. He explained Louis XIV was King of France for 0 years. Twenty of them he was defined as a benevolent dictator and the next 20 he was a dictator. He questioned maybe Mayor Taylor's time was up at 80 years old. Mr. Merker emphatically announced he did not do this and it was getting ugly. Mr. Merker reiterated he meets with Ms. Brooks every week to learn. When interviewed by the papers and the TV, he planned to go forward. He does not understand the psychological manifestations of what went through her mind. Mr. Merker wants her viewpoint. He has been, and he invited all to check the records and minutes, her biggest ally. Now he is told they know what he is like on a date and he questioned how they would know. He looked at the CRA Board, offered to leave the room so staff could be asked if he has ever been disrespectful, if he was not supportive of them and explained they would not say anything because it is their job. He asked Mike Simon if you see a pretty lady and liked the way they were dressed, if there was anything wrong with giving a compliment. It was humor, and he may find it wrong. He told Mr. Simon he met his wife and she was very pretty. He saw his sister and he said they are very pretty and he commented several times on this. He explained the allegations hurt and not everyone's humor was the same, but he has never ever been disrespectful to women. When Ms. Brooks and Attorneys Spillias and Duhy met, they wanted a written agreement saying he would sit in with a third party and a few other points and he initially agreed to sign it, but then thought he was not guilty, so he was not signing. Mr. Merker contended his relationship with Ms. Brooks is in black and white and whatever psychological manifestations she was going through with him, he did not know. He announced to the citizens he was not guilty. Mr. Merker admitted when asked about running for Mayor, he responds he would consider running for Mayor and he thought Mr. Hay would also like to run for Mayor because Mr. Hay told him. He noted what someone does or wants to do is two different things. He questioned the relationship Mayor Taylor has with Mr. Katz, and contacting the media to create a story that was not real. He noted the position he holds and pointed out some people like to be called Commissioner, but he likes to be called David because it means "beloved one" in the Bible. He contended Mr. Katz and Mayor Taylor have a bonding relationship and that was why he is in the position he was in. Initially the email went to Mr. Merker, the Attorney and Mayor Taylor, and all of a sudden everyone knew. Mr. Merker advised he was considering running for Mayor just like everyone else and just like Vice Chair Casello is considering running for County Commissioner. Mr. Merker knew this because of where Vice Chair Casello plays golf and the word got out. He stated he respected Vice Chair Casello if he wants to run. Mr. Merker summarized he did not touch Ms. Brooks and he does not know where this would go. He understood he would not be kicked off the CRA Board or the City Commission unless he was proven guilty. He stated he was a little surprised with the 10 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida January 13, 2015 second letter and thought it was due to insecurity and being defensive. He stated as far as he was concerned, Ms. Brooks is that good at what she does and he backs her financially and professionally and he would not change. He reiterated it (the allegations) hurt. He met Ms. Brooks' husband, mother and sister. He addressed Mr. Brooks and stated he was sorry this was happening. He acknowledged Mr. Brooks accepts his wife's word, but he did not touch his wife. He stated he respects Ms. Brooks and he backed her in every way. He recognized what the Board wants to do is the Board's prerogative. He reiterated he did not do it, and what occurs from now, Mr. Merker can look in the mirror and sleep well at night. He would move forward with the CRA and City Commission and when one sees Mr. Katz and Mayor Taylor team up, it is not for the good 'of the City. It was for the good of the ego: It was Old Man River wanting to stay afloat forever and that is what destroys government. It was someone thinking they should stay there forever. Mr. Buchanan commented, based on Mr. Merker's discourse and viewpoint, it clearly demonstrated the need for an investigation. Motion Mr. Buchanan moved the Board direct Attorney Spillias to proceed with an investigation pending his determination that it is a proper use of CRA funds to do so. Vice Chair Casello seconded the motion Vice Chair Casello commented if Mr. Merker thinks the situation was predicated with the Mayor's friends, it was fantasy. Vice Chair Casello noted Mr. Merker stated he supports Ms. Brooks financially and through review, then he was calling Ms. Brooks a liar and this has never happened. He reiterated he was calling Ms. Brooks a liar and Vice Chair Casello did not believe it for one second. Vice Chair Casello stated as a father and a husband, he was appalled at a Board member that said let bygones go and move on with Martin Luther King Boulevard. He was surprised and shocked. He thought anyone with a daughter or wife should take this to heart and it is serious. This City has been through so much and has come so far and the CRA cannot let individuals side track the CRA's mission. Mayor Taylor commented that while Mr. Merker spoke all over the place, the issue was, what is unacceptable behavior of a Board member against an employee. Mayor Taylor asserted the Board's responsibility is to ensure employees have a professional work environment. While one employee had the courage to put it in writing to come forward, there are many other females, employees and women in the community who have made similar accusations. He was glad there was a motion to investigate this so Mr. Merker could feel like he was not railroaded in some way, although he called the other person a liar. He suggested the Board forward this to the City Commission for whatever action is desired. Meeting Minutes Community Redevelopment Agency or Boynton Florida January 13, 2015 Mr. Fitzpatrick was in favor of an investigation, but wanted better parameters and Attorney Spillias inquired if the motion was intended to give him the authority to hire someone, subject to his bringing a contract back to the Board to approve, or if the Board would rely on his discretion to identify the appropriate person. Mr. Buchanan clarified the intention of his motion was for Attorney Spillias to hire the appropriate person pending approval by the Board. Mr. Fitzpatrick inquired how an investigation would take place and if depositions would occur. Attorney Spillias explained he would look for an employment attorney who has conducted these types of investigations in the past and they would sit down and interview individuals. There are no subpoenas and no one has to talk, but they talk to all the individuals they need to, in order to get the information. Once the information is gathered, they make some judgments in terms of credibility and prepare a report with their findings. Mr. Fitzpatrick received confirmation Counsel would prepare a list of people with pertinent information, approach the person and that person has the option to say whether or not they would go on record. Mr. Hay went on record and said he felt the Board was somewhat negligent for not having a procedure in place. He viewed the matter as an opportunity to put procedures in place so this would stop occurring in the future and the Board could deal with them appropriately. He hoped it would not occur again. As human beings, some appointed or elected officials will behave improperly, but with procedures in place, the Board can deal with them in a timely manner. Mr. McCray responded to Vice Chair Casello's comment he was appalled by his statements about Martin Luther King Boulevard. He commented it seems like District 11 was forgotten. He explained the CA was established for blighted areas and District 11 is blighted. He commented Vice Chair Casello had previously commented he was willing to have the City take over the CRA. Mr. McCray reiterated he represents District 11, and would continue to represent District 11. Vice Chair Casello may not like his tactics, but he wanted his statements that Martin Luther King Boulevard was blighted on the record. There had been businesses there, bars, restaurants, hairdressers and barbershops. It is a blighted area and people say it is drug ridden. He acknowledged it may be drug ridden, but African Americans were not the only ones going to MLK Boulevard to buy drugs. Vice Chair Casello clarified his comments were not about blight or MLK; he was appalled about his statements saying the Board could save the money and use it in other areas. If Vice Chair Casello's suggestion to combine the CRA and City had occurred, they would not be having this discussion because there would be protocols in place to deal with this situation. 12 Meeting Minutes Community Redevelopment Agency or Boynton, Beach, Florida January 13, 2015 Mr. Fitzpatrick offered an amendment to the motion which was the attorney hired to investigate should create a list of recommended policies and procedures for the future. Attorney Spillias agreed they could request such. Mr. Buchanan agreed to the amendment. Mr. Hay seconded the amendment. Mr. Merker addressed Mr. Brooks, who was seated in the audience, and emphasized he never declared his wife a liar. Ms. Brooks requested Mr. Merker not address her husband from the dais. Mr. Merker inquired why and commented it was respect. Ms. Brooks and Mr. Hay disagreed. Mr. Merker stated to the City of Boynton Beach, he was sorry this was going forward and reiterated he did not do it. He commented it appeared it would get ugly and he would have an attorney also. He did not expect this to happen by the meeting that he had with Ms. Brooks, Attorney Spillias and Attorney Duhy. The consensus was they would go forward and let it pass. Mr. Merker stated it will get ugly and he apologized to the citizens of the City of Boynton Beach. There will be preliminary decisions about whether he is or is not guilty, but he was confident the end result would be he was not guilty. The motion passed 5-2 (Messrs. Merker and cCray dissenting.) Chair Taylor commented because Mr. Merker did not resign, he requested the CRA Board censure Mr. Merker at this meeting as an expression of disapproval towards this type of behavior with two conditions. Motion Mayor Taylor moved that during the investigation, Mr. Merker's supervisory authority of Executive Director Vivian Brooks be terminated. Vice Chair Casello seconded the motion. Attorney Spillias did not think any of the Board members, specifically, have supervisory authority as an individual over Ms. Brooks. The Board has supervisory authority, and they do have the right to seek information. Mr. Buchanan inquired if it was within the power of the Board to limit the power of a City Commissioner who sits on the Board in a dual capacity, as to what he can and cannot do outside the normal bounds of conduct. Mayor Taylor explained the Board has the right to censure a person and can attach conditions. Mr. Hay inquired if the CRA Board would be sanctioning another CRA Board member, regardless of whether he is a City Commissioner, and that it would not apply to the City Commissioner portion. As a City Commissioner, he has the right and authority to speak with Ms. Brooks because he is an elected official and the CRA Board is not. The way 13 Meeting Minutes Community Redevelopment Agency Board B oynton Beach, Florida J 1, 2015 the Board is structured, all five Commissioners are on the Board, but he thought the CRA Board could not override what Mr. Merker could do as a Commissioner. Attorney Spillias replied he was unaware of anything to prevent the motion to censure, in the context of the disapproval of the Board regarding conduct or actions of one of its Board members. He thought without an investigation with actual findings, it would be problematic to. restrict Commissioner Merker from doing what is necessary to obtain information he needs to make the types of decisions he needs to make. He noted the definition of the word "supervise" and explained it was fine if the Board was indicating a protocol or procedure that, until the matter was concluded, Mr. Merker should not meet with Ms. Brooks without another individual present. Mr. Merker explained he looks at Ms. Brooks as his supervisor because she has more knowledge and it was hard to supervise when he did not know how to run the business. As to a third person being present, he explained that was already established and it was a prerequisite. He thought it was common sense. He had a question about the agenda and he asked Attorney Spillias if he could ask her about it. He saw Ms. Brooks by appointment, but he has walked in without appointments and it may have been to speak to Mr. Simon or Ms. Harris or some other reason. He sits down with the City Manager every Monday and he meets with Finance Director, the City Attorney and Jeff Livergood because they have a perception of what is going on and he has no education in those fields. To him, the supervisor has more knowledge and in this situation, Ms. Brooks does. Mr. Merker commented, for the record, he was chastised and questioned the relationship between he and Ms. Brooks and that it has not been professional. He hoped whoever was hired sits with all the CRA staff and they are asked how they were treated. He thought it would be interesting because this is their livelihood. He stated he has a clear conscience. He does not want an investigation, but he looked forward to it. Mr. McCray responded to Mr. Hay's comments about elected officials and agreed Mr. Merker has the right to ask questions. He noted that was the problem with wearing two hats. Chair Taylor agreed with Attorney Spillias and clarified the motion was to censure Mr. Merker as an expression of disapproval towards this type of behavior, which Attorney Spillias agreed was fine. Chair Taylor dropped the supervisory condition from the motion, and any one -on -one meeting with CRA employees be conducted with a third party present remained as part of the motion since Attorney Spillias had clarified it was okay. Mr. Buchanan thought it would be better to not take any further action until the results of the investigation were concluded. Mr. Fitzpatrick agreed and did not want to rush to judgment. They should let the investigation process play out. He agreed it would be awkward for CA staff to work with Mr. Merker in the coming weeks, but it will have to 14 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida January 13, 2015 work. He thought the Board should accept the attorney's recommendation that some sort of workable policy be set up regarding how Mr. Merker interacts with CRA members.. Vote The motion failed 2 to 5 (Vice Chair Casello and Messrs. Fitzpatrick, Hay, McCray and Buchanan dissenting.) Motion Mr. Fitzpatrick moved the CRA Attorney establish a set of guidelines for the CRA Board of interaction between Commissioner Merker and CRA staff for the future. Mr. McCray seconded the motion that passed 6-1, (Mr. Merker dissenting.) XIII. Old Business B. Request for Further Direction from the CRA Board on the Response to the Ocean Breeze East RFP from HH Boynton, LLC (Heard out of Order) Ms. Brooks explained at the last meeting, the Board decided to cease negotiations with HH Boynton LLC. Not enough communication had occurred with HH Boynton LLC, and staff was unsure what was occurring. They recently had a meeting with them with Attorney Spillias, Ms. Brooks and Mr. Simon. The RFP mandated they come back with a development agreement, or a draft at a minimum. Staff would like to have the ability to bring a draft development agreement to the Board in February, rather than reissue a RFP. This would be the most expedient way to do the project, if it is possible at all. Motion Mr. Buchanan so moved. Mr. Hay seconded the motion. Attorney Spillias commented the Board should rescind the previous direction of cancellation of the RFP and issuing another and continue negotiations with the proposer. ' Mr. Buchanan agreed with Attorney Spillias recommendation as did Mr. Hay. (Vice Chair Casello and Mr. Merker left the dais at 7:49 pm.) Mr. Fitzpatrick commented the evaluation of the land Hudson Holding had was under $500,000 for land and under $400,000 for the buildings, totaling $900,000. Mr. Fitzpatrick's understanding, when the deal was put together, that the left hand was selling the right hand for $2 million. He stated that was a deal breaker and he did not find that acceptable. It was noted the Board was only giving staff direction to negotiate. (Vice Chair Casello returned to the dais at 7:50 p.m.) 15 Meeting Minutes Community Redevelopment Agency or Boynton Beach, Florida January 13, 2015 The motion passed 6-0 (Mr. Merker not present for the vote.) Mr. Merker returned to the dais at 7:52 p.m. A. Discussions of Options for Marina Village Parking Garage Management Ms. Brooks explained this was a complex issue and commented the parking garage is private and the CRA has no legal authority to determine whether to impose a parking charge or not. Additionally, there is not enough parking in the garage and that fact was very clear when staff met with the Marina tenants. She explained the employees were using the parking spaces. Most people that want to use parking are visitors, tourists or customers, but they are unsure they can park in the garage. Ms. Brooks explained the CRA never gave one dollar to the Marina Village project and there is a rumor the CRA subsidized $1 million. When Ms. Brooks left the captains' meeting she recognized there is just not enough parking. Currently, the HOA fee for the right to own the waterfront parcel where the ship store is was $24,000 a year and that gives the CRA the right to 77 parking spaces, but not to own them. More were needed. If the CRA paid the maintenance or the cost to monitor what was going in and out of the garage, it would be another $66K, which would raise their fees up to $84K in a private garage. CRA staff spoke with Mr. Camalier, who owns the former Bank of America site, and there is a parking lot that can accommodate 200 parking spaces. Ms. Brooks suggested rather than spend money on what staff knows is not enough parking at the garage; they lease the,Bank of America parcel for parking spaces until staff could find an area for a public parking garage. The CRA would handle maintenance of the land and cover the insurance to provide 200 free public parking spaces with the Marina logo on them at the corner of Ocean and Federal and at Boynton Beach and Federal. It would be much easier for the average person or visitor to find, which would help. The land is also centrally located. Ms. Brooks thought it was a win-win, and the land should be vacant for about three years. Ms. Brooks thought this was a forward looking solution and the CRA not try to manage a private garage, and she proposed leasing the land for $20,000 and cleaning and striping the property which would be about a $40,000 one-time charge. Mr. Fitzpatrick noted the site was an eye sore, and could be subject to Code violations. He asked, in the future, if the CRA would to have to pay for landscaping. Ms. Brooks responded she included landscape and maintenance costs to get a lower price. The cost would be $20,000 plus maintenance and insurance. Once they did the main cleaning, it was just trimming the hedges. Mr. Hay thought insurance would be important and expensive and Susan Harris explained the CRA would not have to pay additional insurance. It was part of the general liability insurance for the CRA in total. 16 Meeting Minutes Community Redevelopment Agency or Boynton Beach, Florida January 13, 2015 Motion Mr. McCray moved to table the item until they received all the costs. Mr. Merker seconded the motion that failed 2-5 (Chair Taylor, Vice Chair Casello, and Messrs. Buchanan, Hay, and Fitzpatrick dissenting). Ms. Brooks requested further direction. Vice Chair Casello inquired how many parking spots were in the garage and learned there were 122 spots. He asked why the top floor has 86 spots available, why those spots were blocked off and how they calculated parking with the building's density. Ms. Brooks explained the developer used urban land-use, shared-parking calculations which do not allow one to differentiate between commercial and residential uses. They also do not calculate that the developer was holding parking spaces for sale which they allowed. In her planning opinion, if the developer used the shared parking calculations, they should not be allowing the gate or sale of parking spaces. Those were privately held by the Related Group and the Related Group was trying to sell those parking spots to the CRA. In the height of the market, residents received one parking spot, but they have one, two and three bedroom units and those residents have more than one car. If Marina Village wanted to charge $5 for parking, the CRA could not oppose it. Mr. Buchanan thought this would take some time to accomplish, and he asked if the Related Group would charge immediately. Ms. Brooks explained there is parking on the Bank of America site that was now usable. She thought upgrading that lot was not far away. They just needed to bring an agreement back to the Board and thought it could be presented to the Board in February. She commented they could ask Marina Village to hold off charging for parking as a courtesy, but there are parking spaces that were clean and ready to go now. Mr. Fitzpatrick clarified the residents who live there with one parking space and have more than one car are parking in public spaces. He understood the condo association would kick them off and they would monitor the matter. Ms. Brooks responded Marina Village has been towing them if they park there overnight. Motion Mr. Buchanan wanted to pursue the 200 spaces and so moved. Mr. Hay seconded the motion that passed 5-2 (Messrs. McCray and Merker dissenting.). C. Request for Further Direction from the CRA Board on the Response to the . Ocean Breeze East RFP from HH Boynton, LLC This item was heard earlier in the meeting. 17 Meeting Minutes Community Redevelopment Agency or Boynton Beach, Florida January 13, 2015 XIV. New Business: A. - FY 2013-2014 CRA Annual Audit Results Susan Harris, Finance Director, advised the Board had the audit results in the meeting materials. She announced the CRA is in a very strong financial position. They have net assets of $13.8 million, which exceeds their liabilities. They have had six consecutive years of no audit findings, cash sufficient to meet bond reserves and ongoing capital projects, and sufficient working capital. Audit Partner Richie Tandoc was present to give a report. Chair Taylor congratulated staff on an outstanding job and commented no report was needed as he already reviewed the document. Motion Mr. McCray moved to accept the Audit Report. Mr. Hay seconded the motion that unanimously passed. B. Consideration of Transferring CRA Property 137 West Martin Luther King, Jr, Blvd. to the City as Part of the Model Block Project Motion Mr. McCray so moved. Mr. Fitzpatrick seconded the motion. Mr. Hay saw improvements being made at the property the other day. Ms. Brooks clarified the property was across the street. The motion unanimously passed. C. Consideration of Purchase Offer to the School District of PBC for Property Located at 1204 1s Street in the Amount of $12,500 for the Model Block Project Motion Mr. McCray moved to approve. Mr. Hay seconded the motion. Mr. Fitzpatrick inquired what the CRA paid for the lot. Ms. Brooks explained the CRA did not purchase the lot. This item was a purchase offer to the School District. The motion unanimously passed. D. Consideration of Invitation to Bid for Reconstruction of City Entry Signage Features 18 Meeting Minutes Community Redevelopment Agency or Boynton Beach, Florida January 13, 2015 Motion Mr. Buchanan moved to approve. Mr. McCray seconded the motion that unanimously passed. E. Consideration of Invitation to Bid for the East Ocean Avenue Lighting Project Motion Mr. Buchanan so moved. Mr. McCray seconded the motion. Attorney Spillias explained they reviewed language on both invitations to bid and created a format and template to use on all bids. He hoped this would resolve all issues which surfaced with the West Construction RFP. Vice Chair Casello inquired if this light project would use LED lights. Mr. Simon responded they would where appropriate. He did not have the specifications to match street light poles, and they cannot retrofit. He agreed to provide clarification via emails. Ms. Brooks explained there is up-lighting in the trees, which were LED. Existing streetlights cannot be retrofitted for LED, but they were adding new Cobra head lights which will have LED lights. The motion unanimously passed. F. Discussion of CRA Board Member Behavior This item was heard earlier in the meeting. V. Future Agenda Items: A. Consideration of DIFA Agreement for 500 E. Ocean Avenue between Morgan Boynton Beach, LLC and the Boynton Beach Community Redevelopment Agency - Tabled 12/9/14 and approved for February 10, 2015 agenda XVI. Adjournment There being no further business to come before the Board, Chair Taylor properly adjourned the meeting at 8:08 p.m. Catherine Cherry Minutes Specialist 011415 19