Minutes 06-12-18 MINUTES OF THE COMMUNITY REDEVELOPMENT AGENCY BOARD MEETING
HELD IN COMMISSION CHAMBERS, CITY HALL, 100 E. BOYNTON BEACH
BOULEVARD, BOYNTON BEACH FLORIDA ON
JUNE 12, 2018, AT 6:30 P.M.
PRESENT:
Steven Grant, Chair Mike Simon, Executive Director
Christina Romelus, Vice Chair Tara Duhy, Board Counsel
Joe Casello, Board Member
Justin Katz, Board Member
Mack McCray, Board Member
1. Call to Order
Chair Grant called the meeting to order at 6:31 p.m.
2. Invocation
Board Member McCray gave the invocation.
3. Roll Call
Roll was called. All present
4. Agenda Approval
A. Additions, Deletions, Corrections to the Agenda
None.
B. Adoption of Agenda
Motion
Board Member McCray moved to approve the agenda. Board Member Casello seconded
the motion that unanimously passed.
5. Legal
None.
6. Informational Items and Disclosures by Board Members and CRA Staff:.
Meeting Minutes
Community Redevelopment Agency Board
Boynton Beach, Florida June 12, 2018
A. Disclosure of Conflicts, Contacts, and Relationships for Items Presented to
the CRA Board on Agenda
Chair Grant disclosed he spoke with David Katz, a lobbyist for Shovel Ready, Item 13. C,
and that he (Chair Grant) also represents Scott Maslin on items in West Palm Beach for
Items 10 H. and I.
Board Members Casello and Katz had no disclosures.
Vice Chair Romelus spoke with David Katz and Attorney Tom Carney regarding Item
13.C.
Board Member McCray spoke with David Katz.
7. Announcements and Awards
A. Movies in the Park
Mercedes Coppin, Special Event Coordinator, announced the last event of 2017 was
June 1St featuring Jumanji: Welcome to the Jungle. About 115 people attended and
during the pre-show, staff showcased four local CRA businesses including Shearology
Salon, Imperial Maid Service, Two Georges and Miller Time Fishing Charters.
B. Music on the Rocks
Ms. Coppin announced the last 2017 Music on the Rocks event was on Friday, May 18tH
Due to rainy weather, they moved the event to the Historic Woman's Club of Boynton
Beach. About 325 people attended the concert featuring Completely Unchained, a Van
Haien Tribute Band. The event survey reflected 51% of attendees were residents and
19% came to the City specifically for the event.
The final Music on the Rocks event will be on Friday, June 15th featuring Wonderama, a
top 40's pop band performing at the amphitheater from 6 to 9 p.m. The Food Truck
Invasion, cocktails and beverages will be available. Parking is free.
Board Member McCray questioned what would happen to these events during the Town
Square construction and learned it will be discussed with the budget proposal staff
prepared. It is the Board's decision how to move forward with the event.
8. Information Only
A. Marketing and Business Development Campaign
B. Public Comment Log
C. Public Relations Articles Associated with the BBCRA
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9. Public Comments
Reverend Bernard Wright, CEO Bernard Wright Ministries, 713 NE 2nd Street,
commented some residents had recently passed away and he requested a moment to
ask God to comfort them. Rev. Wright explained there was a great Robert E. Wells Love
Fest this year, he, his ministry and supporters held and he thanked the Board and City
staff for their support. He noted the event has been held for the last four years. He
requested funding for the Robert E. Wells Love Fest be included in the budget, as the
event has to do with crime prevention, redevelopment, information and education dealing
with his people from a historical point of view. The event is historical and the
accomplishments of Robert Wells are acknowledged each year on February 7 t
Rev. Wright commented they are protesting the Recreation and Parks Department. He
commented he does not want to sue the City as he is a taxpayer, but asserted for eight
years, black children were being deprived from attending a taxpayer funded recreational
center. He explained he has an attorney who is prepared to litigate and he will continue
to protest. He expected litigation would be on a judge's desk and in Federal Court by
Friday.
Sherry Johnson, Community Caring Center, 145 NE 4th Avenue, announced they are
holding the 2nd Annual Culinary Job Fair, which many of the Board members had
previously attended and several of them pledged some type of assistance to drive
attendance at the Institute. She dropped off cut cards and would be working with the CRA.
They have a great marketing plan that includes working with Career Source and Michael
Corbet. Anything the Board could do to promote and market the Institute would be
appreciated. She noted job recruiters want to return to the event, which is on August 7th,
from 2 to 6 pm at Benvenuto.
Susan Oyer, 14 SE 27th Way, suggested the CRA improve and add funding to advertise
CRA events as she thought it was lacking. There are outstanding movies and concerts
at the beginning of the season that no one knows about and then events lag throughout
the rest of the year. She also commented the City needs more garbage cans and
cigarette dispensers as the Downtown is getting dirty.
Dwayne Smith, 10163 44th Avenue, commented he is on the kids' side. He requested
the Board contemplate how youth are feeling this summer who could not attend some of
the summer camps. He questioned if the Board was doing all they could to help kids of
all classes. In District II, kids whose parents cannot afford the camp see other kids enjoy
themselves at the camps. Non-camp youth cannot use the restrooms or get a drink of
water. He commented residents pay taxes to keep the buildings open. He thought, as
human beings, they are better than this and they should care about underprivileged youth.
He urged the Board try to find a way to allow underprivileged youth to participate in
summer programs.
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A man named Tory, residing at 407 NE 17th Avenue, was concerned about the Carolyn
Sims Center. He was at the Center protesting yesterday with 20 kids and 5 parents. The
kids want to go and play with schoolmates and they have to tell them they do not have
enough money to attend. He questioned why they could not interact with the summer
camp like they once did when it was hosted at the Carolyn Sims Center. He commented
Amy Blackman, Recreation Superintendent, advised a 17-year old with her child could
not go into the Center to change the child's diaper. He questioned what youth should do
from 7 a.m. to 4 p.m. There is also summer camp at the Hester Center so the youth
cannot go there. Youth had no access to free lunch in District II unless they walk way
over by Poinciana. The youth see the free lunch workers pull up and give the meals to
camp youth and wonder why they cannot get free lunch. He reiterated he was very upset
about the Carolyn Sims Center which is only open to the public for one hour. He
commented he would try to vote to remove the members who approve of this policy and
bring other voters to do the same.
Board Member Katz noted this issue was raised several times and he questioned whether
the solution to the camp issue was to sue the City to prohibit children who could afford to
go to the camp from going. He thought a better solution was to hold a fundraiser or solicit
contributions to create a scholarship program. He recommended trying to set up a
fundraiser and he pledged $1,000 of his personal funds if they go about finding a solution
in a constructive manner. Rev. Wright's lawsuit, which would prohibit paying children
from attending a children's summer camp, produces losers. The City wants a win-win
situation, which is those who can pay go, and for those who cannot, through charitable
donations, are afforded the opportunity to go. It would not kick children out of a summer
camp. He did not understand how kicking kids out of a summer camp to allow other kids
in is a win-win solution. He implored Rev. Wright not to sue the City or CRA as it would
waste taxpayer resources defending against a meritless lawsuit, and to pursue charitable
contributions. He reiterated again his pledge of $1,000 from his personal funds. He has
heard threats for weeks and weeks, and if Rev. Wright wants to exercise his right to sue,
it is not a good solution. He suggested finding people to help underprivileged children
instead of attacking and punishing youth that are attending the camp. He understood the
cost was $578 for the entire summer, which was 40 to 50 days of daycare at
approximately $15 a day.
Rev. Wright responded he was trying to find a solution and appreciated Board Member
Katz's offer to contribute funds. He asserted the discussion was about 20 regular children
from the neighborhood that, with taxpayer money, are showing up at the pool and the
Center throughout the school months. They are the ones who were left out, not the youth
who should not have the potential right to go freely and access it. Earlier in the day Rev.
Wright counted 29 white faces and 5 black faces. Another group had 18 white faces and
3 black faces, and another group had 18 white faces and 2 black faces. He assumed they
were from Hypoluxo and West Boynton Beach, not the Heart of Boynton and the doors
are closed to the community's youth. He asserted this was ongoing for 8 years. Rev.
Wright questioned how many youth were now in juvenile hall or slinging dope in the
streets because they had nowhere to go and contended this will continue to occur. He
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requested the City open something at another complex so the community can attend or
having more staff so they do not have to interact with the children that are able to pay the
$578. There are still game rooms and places for youth. He further contended when
children finished playing basketball, they used to be able to go into an air-conditioned
room and use the rest rooms. He explained this is a community, not a part recreation or
private daycare center run under an account. The regulations mean youth cannot interact
with the public. He commented it is the taxpayers who maintain the programs; not the
$578 fee that the 80 people pay to use the camps during the summer and spring break
weeks. Rev. Wright explained his child walked across the street as a west walker and
throughout the year, he would go to the Center and Rev. Wright would get to the Center
on time. He noted there are parents who cannot get to the Center on time and the Center
has great supervisors that watch the children until parents arrive. During the spring and
summer breaks, they cannot do that.
There is an officer program that does great with the children and there is a gardener. The
children who go to the Center during the school year are in the street during the summer.
He thought the amount should be reconsidered, but he stated this year, for some reason
because he is an advocate, there was a mix up and his child could not go. He wanted to
leave a door for the public, even if they have to hire more staff. He complained Amy
Blackman, Recreation Superintendent, suggested using outside port-o-lets. He did not
understand why a child could not use the building for the restrooms and for a drink of cold
water. He pointed out the building was in the name of Carolyn Sims who raised many
people and repeated he was not threatening the City, but a lawsuit was on the way.
Board Member Katz commented it sounds like a threat and he suggested, as a member
of the clergy, he work with the Coalition of Clergy. Rev. Wright responded he does not
work with them and he is not a part of them. Board Member Katz explained the solution
to the problem is finding people willing to contribute funds and donate for these children.
Vice Chair Romelus thought a discussion about extending summer hours may be helpful
and since the facility is open to the public from 4 to 5, it stay open to the public perhaps
from 4 to 7 or 8 p.m. As a mother, she has concerns about the public accessing a facility
while the camp is open. As far as the price tag, $500 for summer camp is minimal. She
agreed with Board Member Katz to try to seek out individuals to have a scholarship fund
to help parents with the tuition and as a policy directive, extend some of the summer
hours.
Board Member Casello inquired how many youth participate. Mr. Simon did not know as
it is a city-run facility and a city-run program. The CRA has no decision-making power to
extend the hours or pay for those hours. There are 80 youth in the program. Board
Member Casello asked if they could review the item during the budget to create a
scholarship.
Sherry Johnson, Community Caring Center, explained the City has a scholarship
program for summer camp. Each year when the City Commission reviews the CDBG
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application, there is at least$10K for the program. There is a comprehensive CDBG Plan
and a meeting Octavia Sherrod, Community Improvement Manager, calls each year to
discuss the community's needs. She suggested reviewing the CDBG plan or adding more
funds for more opportunities.
Lori LaVerriere, City Manager, explained the City stopped funding the $10,000 in CDBG
funds for summer camps and moved it to other social programs. She advised they have
a program for summer camp administered through Palm Beach County. Rev. Wright is
in the middle of the County application process. They assisted him in applying for his
grandson as he came in late during the process. The money is spent within the first week
as the programs fill immediately. She agreed $500 for the entire summer program was
unusual. Board Member Casello asked if the applicants were first come, first served and
learned they were and they fill with a mixture of residents and non-residents. She advised
Mr. Majors would provide information the next day. Chair Grant requested at the next City
Commission meeting, they announce where youth could access free lunches. He also
suggested checking with the Children Services Council and Literacy Coalition about
children's programs. There needs to be other organizations to help because the City
cannot fully subsidize the program, and there are youth organizations they can work with
including the Coalition of Clergy. Ms. LaVerriere thought it is a great opportunity for
churches to help.
Board Member McCray requested Wally Majors, Director Recreation and Parks, and Amy
Blackman, Recreation Superintendent, be present at the City Commission meeting for
the item.
Board Member Katz agreed to research what schools in Boynton provide free lunch and
breakfast. Most schools in the County will provide a free lunch or breakfast to anyone
under the age of 18 every day all summer. All the individual has to do is show up. It is a
federally subsidized program to assist those in need to receive the meals for free. Board
Member Romelus agreed, but was unsure if the lunch was provided. She requested Ms.
LaVerriere investigate opening up the Center for a few more hours each evening after
camp and provide the cost. She favored obtaining proposals and prices.
No one coming forward, Public Comment was closed.
10. Consent Agenda
A. Financial Report Period Ending May 31, 2018
B. Finance Department Purchase Orders for amounts exceeding $10,000 for
the month of May 2018
C. Approval of the Interlocal Agreement between the Boynton Beach CRA and
the City of Boynton Beach for Funding Associated with the FDOT US1
Intersection Enhancement Project
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D. Approval of Commercial Rent Reimbursement Grant Program in the amount of
$10,800 for Tabre Enterprises, LLC d/b/a The King's Learning Center located
at 101 NE 5th Avenue
This item was pulled by Board Member McCray.
E. Approval of Commercial Interior Build-Out Grant Program in the amount of
$12,424 for Tabre Enterprises, LLC d/b/a The King's Learning Center located at
101 NE 5th Avenue
This item was pulled by Board Member McCray.
F. Approval of Commercial Facade Improvement Grant Program in the amount of
$10,800 for Tabre Enterprises, LLC d/b/a The King's Learning Center located at
101 NE 5th Avenue
This item was pulled by Board Member McCray.
G. Approval of Commercial Construction Permit Grant Program in the amount
of $1,150 for Tabre Enterprises, LLC d/b/a The King's Learning Center located at
101 NE 5th Avenue
This item was pulled by Board Member McCray.
H. Approval of Commercial Rent Reimbursement Grant Program in the amount of
$15,000 for Grandma's Manufacture, LLC d/b/a Grandma's Treasures located at
1550 N. Federal Highway, Suite 1
This item was pulled by Board Member McCray.
I. Approval of Commercial Interior Build-Out Grant Program in the amount of
$45,000 for Grandma's Manufacture, LLC d/b/a Grandma's Treasures located at
1550 N. Federal Highway, Suite 1
This item was pulled by Board Member McCray.
11. Pulled Consent Agenda Items
Board Member McCray asked if the applicants were present for the items he pulled.
Items D, E, F and G, all pertained to the King's Learning Academy. Board Member
McCray visited the address and saw the Treasure Chest. He asked if Ms. Girtman still
owned it. Octavia Bell explained the daughter, Claire Girtman Gail is operating the
Treasure Chest. She is turning ownership over to them and the Center will have a new
name. Board Member McCray applauded them for allowing the Center to continue and
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for installing the playground equipment and the fence. He wished them well and was
pleased they were partnering with the community.
Bruce Louis, business manager for the Academy, commented he has been working with
them for a year and a half to develop a carefully thought out program and operation for
the location. He thanked the City for their assistance with their small business and
announced they plan to be a good corporate citizen. He pointed out one program he is
fond of is a program that engages the parents as a prerequisite. The parents will be
engaged in some of the program elements and they look forward to being part of the
business community.
Ambry King explained the Kings Learning Center will provide infant, toddler, and school
aged services. They will pick up from two elementary schools for after care and will have
summer camp as well. She had heard concerns voiced earlier in the meeting about a
summer program. She would like to partner with the City to allow youth to come to their
Center for breakfast and lunch and was receptive to all kinds of ideas. She has been in
the child care field for some time and is passionate about it. She felt no child should be
left behind and would use different tools to get parents more involved with their children
to create an environment where all will have a chance. She was raised in Boynton Beach
and attends the Bible Church of God. Board Member McCray was concerned and wanted
to meet whoever signed the application.
Motion
Board Member McCray moved to approve Consent Agenda Items D, E, F, and G. Board
Member Katz seconded the motion that unanimously passed.
Board Member McCray requested the applicants for Items H and I come forward.
Nadine Haseidl, CEO of Grandmas Treasure, an authentic German Bakery, advised she
appreciated the two CRA programs. The bakery will be a 50 to 79 seat restaurant fronting
on Federal Highway. They will serve brunch, lunch, breakfast and dinner. She hoped to
be a strong community partner and advised she participates in Thanksgiving Food runs.
As she had heard about summer camps and youth, they would love to give something
back to the community and participate however they could. They plan to be open by fall
at the latest, and she hoped all would attend the Boynton Beach Octoberfest. She hoped
all would seek assistance to spread the word. She is currently working out of the
Community Caring Center, with two employees and anticipated between 10 and 15
people would be hired ranging from dishwashers to servers. She thanked Sherry Johnson
for her assistance. Board Member Casello wished her the best of luck. Board Member
McCray thanked her for explaining what Grandma's Treasures was.
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Motion
Board Member McCray moved to approve items H and 1. Board Member Katz seconded
the motion.
Mr. Simon announced the bakery was making the bread and other items for the Farmers
Table in Boca. She started with them two and a half years ago and they have been a big
supporter of her business.
Vote
The motion unanimously passed.
Motion
Board Member McCray moved to approve the remaining Consent Agenda Items, Vice
Chair Romelus seconded the motion that unanimously passed.
12. Public Hearing
13. Old Business
A. Consideration of the Rental Agreement with the Boynton Woman's Club for
FY 2018/19 Meeting Dates at the Historic Woman's Club of Boynton Beach
Mr. Simon explained the Board purchased the building and the Woman's Club was given
permission to continue using the building for their monthly meetings. They were present
so they could continue to hold the meetings, which would not exceed 60 people at
meetings that would be held between 8:30 a.m. and 5:30 p.m. with no alcohol service.
They also did not hold the gala event the Board approved free of charge and were
requesting to move the event forward into the 2018/2019 fiscal year.
Motion
Vice Chair Romelus moved to approve. Board Member McCray seconded the motion that
unanimously passed.
Board Member Casello inquired if there is a marketing plan for the Woman's Club and
learned staff has discussed the item. Now that the Library will not be using the building,
major roof repairs will take place during the summer and staff will heavily market the
building as a rental venue at summer's end so fall, spring and summer weddings could
occur next year.
B. Consideration of Boynton Village, LLC Compliance Audit (Tabled
5/8/18)
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Motion
Board Member McCray moved to remove from the table. Vice Chair Romelus seconded
the motion that unanimously passed.
Attorney Duhy explained Legal reviewed the issue raised at the last meeting, as there
was an ambiguity. Between Legal and Ms. Hill's analysis, they arrived at an amount of
$73,611. Cornerstone agreed to the amount. A motion was needed to release the funds.
Motion
Board Member McCray moved to approve. Board Member Katz seconded the motion
that unanimously passed.
E. Project Update 211 E. Ocean Avenue, a/k/a Magnuson House
David Katz advised the attorney was delayed.
Attorney Duhy explained at the last meeting, Attorney Duhy notified the Board Legal
issued a Notice of Default and a demand for the return of the property under the reverter
clause of the Purchase and Sale agreement for 211 E. Ocean Avenue. Pursuant to the
addendum that was agreed on, they did not obtain a building permit as required on May
14th. The CRA issued the Notice letter on May 15th, which requires them to provide the
deed to the CRA by June 14th. After issuance of the CRA letter, staff received
communication from counsel for Shovel Ready requesting a meeting. The meeting was
held, which Mr. Simon and Attorney Duhy attended. They explained they are in default
of the agreement and neither she nor Mr. Simon could change the legal direction the
Board authorized. The members had been provided a determination how to move forward
and an email communication from Attorney Tom Carney, for Shovel Ready, which
proposed settlement to the issue. Under the terms of the reverter, the CRA would return
the purchase price originally paid. Shovel Ready was requesting other alternatives.
Attorney Duhy was comfortable with the CRA's legal right to demand the reverter, and
that they are not in compliance with the agreement. They had issued a letter challenging
the assessment, which Attorney Duhy disagreed with. The issue to determine is if the
Board wanted to direct Attorney Duhy to institute legal proceedings to obtain ownership
of the property pursuant to the agreement or waive the default and work with Shovel
Ready in the manner they proposed or some other way.
David Katz explained he had only attempted to delay the item until the attorney arrived.
Board Member Katz wanted to proceed and noted no one from the team showed up. A
month ago, the team appeared and signed a document indicating Shovel Ready would
not pursue or force legal action as a result of a potential default, which they subsequently
entered into days later by not filling out permits they said would be done within days. He
objected to receiving the series of emails and a meeting request with the CRA and that
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they are indicating they spent $50,000 on plans although they had not complied with any
provisions of the contract, but have asked for numerous amendments, and they swore
they would not force legal ramifications if they did not comply. He did not need to hear
from Attorney Tom Carney. They signed an agreement, asked for numerous amendments
and the most recent amendment indicated they would not force the issue into a lawsuit.
The Board is faced with the exact situation he did not want to engage in and he felt it was
litigation extortion. He did not support paying them a cent as they failed to comply with a
contract. If the CRA did the same thing, they would be laughed at. It was offensive to
him to have the conversation. He announced the Board does not have to make a motion
as the contract is in default. The CRA sent them papers and is in a good position. The
CRA has a sworn document in a contract they agreed to, that they would not do what they
are doing, and the CRA should move on.
Attorney Tom Carney, Shovel Ready, advised they entered the contract in good faith
and were still trying to proceed in good faith. There were many issues along the way and
issues with staff reviewers. They were ready, willing and able to pay the permit fee, but
there was a delay by a day because someone was out of the country. The permit fee is
non-refundable and meanwhile Shovel Ready received a letter from the CRA. If Attorney
Carney paid the permit fee the next day, and the Board decided too bad, then not only is
the deal gone, but so is the permit fee. The CRA does not work in sync with the City.
Shovel Ready said fine and they would appear before the Board. They sent to CRA
counsel and Mr. Simon what they could do going forward, which he understood the Board
had issues with it, but it was not as though they had not spent money on the project. They
had to shore up the floor and there were delays. He advised they are trying to move
forward. He objected to the assertions they did not act in good faith. The goal is to get
the project done. Mr. Carney provided several proposals and if the Board did not want
them to develop the project, they will leave, but they wanted reimbursement for money
spent on the floors and work on the floor and others, or go forward and instead of the
eight-month completion period, it be extended to 12 months. He pointed out the night
Shovel Ready was awarded the contract, another project was also awarded on the 500
block, which is still vacant.
Board Member Katz commented, if they had the money to get that property back, they
would as it was embarrassing because it is still vacant. Attorney Carney pointed out
Shovel Ready was still appearing before the Board in good faith. Board Member Katz
commented the developer of 500 Ocean spent hundreds of thousands of dollars and it is
clear they made renovations. The building is ready to open, but he understood the timing
and proximity of the two projects was coincidental, but the difference was like night and
day as to what was done and what was not done. Mr. Carney explained the issue is to
get the building up and running that will be a success and a credit to the neighborhood
and the City. Suggesting they had not spent money or time on the project is incorrect.
Attorney Carney explained they spent $70,000, but he was only asking for $50,000 and
if the Board would like to refund the $70,000, it would be great. Board Member Katz
hoped in the spirit of not engaging in combat, they would simply return the property in
accordance with the agreement that was signed. Attorney Carney explained whoever
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takes the project over will be the beneficiary of their work. His clients are good people
and they do good work.
Board Member McCray had reviewed the issue to understand the delays and reviewed
the record. He asked if they were willing to pay the fee and learned they were if they
could get 12 months to finish, which would be a four-month extension. Board Member
McCray asked if they paid the fees and granted the extension and did not meet the
deadline within the 12 months if they would walk away from the table. Attorney Carney
responded they would have very few bargaining chips left if they did not complete the
project. He commented if there was a hurricane that caused a delay, he hoped they
would be granted a stay of the totaling of the time, provided they genuinely could not
continue the progress of the construction. Board Member McCray asked if granted, when
work would begin. Attorney Carney advised they submitted the paperwork, but the permit
was not issued because it is non-refundable and Attorney Carney thought it would be ill
advised to pay a non-refundable fee because he was unsure whether they would move
forward or not. Attorney Carney commented he could pay the fee in a day or two. As
soon as the permit is issued, work could begin.
Mike Rumpf, Interim Development Director, explained staff assigned a person to be the
liaison for the project. He believes it was ready to be permitted. All the permit conditions
have been met as they were on May grn
Board Member Casello commented two years ago the CRA turned the building over in
good faith to Attorney Carney's client. It was supposed to be a catalyst and anchor for
the area. It has been an eye sore. There have been two hurricanes and the building was
not secured. The client had to be told to cut the grass. He commented it was not that the
CRA did not want the client, it appeared the client did not want the CRA. He thought the
client treated the process in a deplorable manner for the last two years. There were
always delays. Board Member Casello favored cutting ties and moving on.
Motion
Vice Chair Romelus moved to approve the second offer by Attorney Tom Carney to move
forward, but rather than the $50,000, she would like to have the hard costs up to, but not
exceeding $50,000 with language crafted by the attorney and to enact the reverter clause.
Chair Grant commented the project was approved prior to his election. The site plan was
approved in 2016. Moving forward, things have changed since 2016. The parking lot that
would be used for the building, will no longer be a parking lot. A parking garage would
have to be built. Even if the building was constructed within 12 months, there may not be
a place for patrons to park as the area would be under construction for the next three to
five years. He agreed with Vice Chair Romelus regarding the costs associated with the
building. He thought providing the CRA with that information would be an equal
exchange. The CRA would get the information and the client gets $50,000. He thought
it was sad they are in this position after this amount of time. He feels the CRA is not in
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the same position because they could do something more because the future land use is
mixed-use medium whereas before it was commercial. There would be equity out of the
argument and all could move forward.
Board Member Katz did not support the proposal and had lost faith. They are discussing
one option to extend more time. The discussions are the same, and it was more of the
same at the last meeting. He thought it was absurd. With regard to costs that may come
from litigation, if the CRA prevailed, Shovel Ready would have to cover the CRA's legal
costs as there are attorney fee privileges. He commented staff dedicated an employee to
ensure the plans would be reviewed and the approval would be made and it was done,
and Mr. Rumpf had indicated the department did all that was humanly possible to move
it. He did not believe a $50,000 taxpayer participation trophy for a team that failed to win
was acceptable. The contract says have to give the property back at cost. The CRA is
in the right and they are negotiating against themselves on behalf of the taxpayers. It
said if the permits are not paid for, the property would revert back to the CRA. It was
absurd to him that the Board, which voted 5-0 to approve the amended contract, was
negotiating against themselves to give away upwards of $50,000. The property belongs
to the CRA and they are legally entitled to take it back at the cost they sold it to them,
which was much lower than the market value since they instituted the Consolidated Flan.
It was a great buy for the owner. He noted $50,000 could pay for many children to attend
summer camp and could keep the facility open as discussed earlier. The owner signed
it and the Board is voting to throw away $50,000 they do not have to which he did not
understand.
Board Member Casello explained they developed plans and shored up a floor. He asked
about the other costs. Attorney Carney did not have the information with him, but advised
building plans are expensive. Board Member Casello commented the building will either
be demolished or moved and the plans for the building will be moot.
Vice Chair Romelus reiterated her motion was to pay for hard costs. Even if they do move
the building after redeveloping the area, she agreed with Board Member Katz's
comments. The current owner had lots of opportunities to get things done, but this is the
best time to make good with what they have. Even if the CRA is in the right with language
in the reverter clause, the focus of the CRA should be the Downtown Town Square, which
is a $250 million project. She did not favor a drawn out scenario and supported paying
the hard costs and moving on.
Board Member McCray noted Board Member Katz mentioned using the $50,000 for
summer camp, but pointed out CRA funds cannot be used for summer camp and he did
not want to mislead the public into thinking that they could. Mr. Simon agreed to provide
the Board with information at the next meeting. Mr. Rumpf dedicated a plans reviewer as
a liaison for the project. Discussion followed the liaison was responsible for seeking out
each person with comments and linking them to the applicant when meetings were held
in the department to interpret and address the comments and amend the plans making
it a priority. Normally, plans go through a sequence of review. The liaison expedited the
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process. That was done during the month of April and first week in May. As soon as the
plans came in, they were reviewed.
Board Member Katz read the provision inserted into the last amendment of the contract
as: "The purchaser shall waive its right to contest reversion of the property if it does not
obtain a building permit on or before May 14, 2018, and shall execute the deed as
described as above." He thought there may be a difference in opinion of the legal
interpretation "of the purchaser shall waive the right" but he thought the language was
very clear. It was an extended deadline. He pointed out there may be other uses for the
$50,000 which could include moving the building, or the Robert E. Wells Day, or other
business economic development grants to create jobs than to buy out an organization
that fails to adhere to the contract. It is a waste and it projects weakness on the part of
the Board. The contract was violated on its face. He was baffled the Board was
negotiating how much money to waste. The firm failed to comply.
Attorney Duhy explained under the worst case scenario, the CRA would need to institute
the appropriate legal actions and seek an expeditious resolve through motion practice or
before it went to hearing or deep discovery, as the CRA's argument would be the matter
was clear on its face. If Shovel Ready contested it vigorously with discovery, the CRA's
cost would rise commensurately with how much they were contesting the issue. She
advised she could not say the CRA would win because she is not the judge, but she is
confident in the CRA's legal position and in her advice to the Board. She estimated the
initial complaint filing would take two to five hours or less. If the case was resolved
quickly, her estimate was $5,000 to $10,000. If the case was drawn out, costs would rise,
but there is an attorney fee provision for the prevailing party.
Vice Chair Romelus requested Attorney Duhy clarify what hard costs would be verified by
her. Attorney Duhy would propose Shovel Ready provide staff and her a list of costs.
They would work and negotiate with them and bring the verifiable costs back to the Board
so there is no confusion. She noted hard costs of transacting and printing the documents
and improvements to the structure and there are professional fees, which she was unsure
would be included. She advised it should be articulated clearly and they provide evidence
of it prior to moving forward. She explained entertaining the motion does not waive the
CRA's right to enforce the agreement until they amend the agreement which she did not
recommend doing at the meeting. There is a no waiver provision, which means if the CRA
tries to work it out, and is unsuccessful, the CRA can still pursue action with the default
and the failure to provide the deed to the CRA as required on June 14th
Vice Chair Romelus commented her motion stands and she would like the information to
return to the Board so they can decide what to offer. Board Member Katz offered a friendly
amendment to include in the latest offer, language that if it prevails and they are given
time to establish costs, that if they disagree with the outcome of the Board, they need to
waive their right to proceed to litigation. Vice Chair Romelus agreed to the friendly
amendment.
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They are in default and the CRA gave them 30 days to provide the deed, which ends
June 14t". The motion is not to continue the process of them returning the deed back: the
deed is coming back. The only thing under discussion is about paying the $50,000. They
get the property back as of June14t" and the verifiable costs would come to the Board in
July.
Attorney Duhy summarized the motion would be Shovel Ready will provide the deed to
the CRA By June 14t", with a copy of their verifiable costs up to$50,000 with proof thereof.
The CRA will have the deed at that time executed to the CRA and at the July meeting,
the Board will verify the costs and if the Board believes they are verifiable costs. Board
Member Romelus announced that was her motion.
Board Member Casello asked Attorney Carney why the owner was not present if the
project is so important and learned he was out of the country.
Attorney Carney apologized for arriving late and commented he was also at the Delray
Beach City Commission. He would not want his client to be negatively affected by his
tardiness. He did not anticipate this item would be heard at 7:05 p.m. the item was further
down in the agenda. As to the language read by Board Member Katz, he commented he
read the language as well. There was a substantial amount of work getting to the point
of getting to the permit and there is no time is of the essence in that provision. When
someone invests a lot of time and effort to do something and misses it by a day without
a time of the essence clause, he suggested it is not so cut and dry. The City is ready to
issue the permit. and Shovel Ready is ready to buy the permit. If the Board decides not
to proceed with them, they should at least get whole in the project and the property is now
more valuable than when it was given to the developer. There are alot of reasons to
understand why they are being put in this time crunch. Shove Ready wants to move
forward.
Attorney Duhy noted section 22.2 of the agreement deals with the computation of time
and it states that time is of the essence in the performance of all obligations included in
the agreement. Board Member Katz pointed out Shovel Ready missed the deadline by
61 days, as they had an extension. Not one day..
The motion died for lack of a second.
Board Member Katz requested clarification no motion was needed to proceed with the
reversion. Attorney Duhy suggested a motion be made to direct her to initiate necessary
legal proceedings to enforce the agreement.
Motion
Board Member Katz moved to ask the property owner one final time tomorrow, to abide
by the contract to return the property in exchange for the $255,000 purchase price that
was paid by June 14t", to avoid potential litigation as per the agreement signed two
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months ago, and in accordance with the Vice Chair, to truly wash the CRA's hands of it
and move forward and direct Attorney Duhy to initiate legal proceedings. Board Member
Casello seconded the motion that failed 2-3, (Board Member McCray, Vice Chair
Romelus and Chair Grant dissenting).
Board Member Katz understood in two days if Shovel Ready did not return the property
Attorney Duhy would proceed to initiate proceedings. Attorney Duhy commented she
needed Board direction to initiate proceedings. The vote not to proceed does not preclude
them from a vote in July to initiate proceedings then. Attorney Carney heard the Board
and it is up to Attorney Carney and his client how they wish to respond. This item will be
before the Board and they can choose to enforce the request at that time. Chair Grant
requested a listing of hard costs noting the next meeting is July 10tH
Board Member Casello asked why only some of the Board members were lobbied.
Attorney Carney responded they were unfamiliar with the process and wanted to ensure
all the right departments were contacted. The lobbyist was brought in late in the process
because they had a short time to meet the deadline and they wanted to expedite the
matter.
D. Consideration of Termination of Lease for Neighborhood Officer Policing
Program Office Located at 404 E. Martin Luther King, Jr. Blvd.
Mr. Simon explained the Board has the authority to pursue terminating the existing lease
for the above property. Staff began to send certified letters and hold back rent payments
due to defective plumbing and the ceiling making the office unusable since March. Staff
sent letters for each month since March notifying the landlord they would not pay the rent
due to the conditions as contained in the lease because the office was not habitable. The
lease ends on September 30th and they have not received any objection to the CRA's
position from the landlord. Staff was asking the Board to decide whether to terminate the
lease effective immediately or continue with the lease until the end of the term. He noted
the CRA did not pay rent for June.
Motion
Vice Chair Romelus moved to approve terminating the lease. Board Member McCray
seconded the motion.
Board Member McCray commented the officers are working in the Carolyn Sims Center
and they may be moved to 9th Avenue. He objected to the move and thought the officers
needed to be accessible and visible. He favored keeping the officers at the Carolyn Sims
Center. Mr. Simon explained the item is on the agenda because with the summer, there
are some restrictions with adults being in the building due to the youth being in the
building. Mr. Simon supported the Board's position to remain at the Sims Center as long
as it could be supported by the City.
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Chair Grant asked for Sgt. Henry Diehl's opinion being at the Sims Center as opposed to
the location on NE 9th Avenue and his opinion about how to increase its effectiveness.
Sgt. Diehl agreed the high visibility at the Sims Center is very productive. The Sims
Center has summer camp so in the morning and afternoon children and families are
checking in and out. The Officers usually sit at the front desk, but because they use that
desk for checking in and out, they move their materials aside during those time periods.
He did not yet go to the building on 9th Avenue, but had planned to do so. It was noted
the building on NE 9th Avenue is off the beaten path.
Mr. Simon asked about a mobile mini container office that was used for the Harbor Master,
which was basically a work trailer and pointed out an office for the program was discussed
with the Ocean Breeze East project. There would be a more permanent location for the
program, but the project would not be constructed in the next year. Work trailers can run
$800 to $2,000 a month, but one could be placed in the Sims Center parking lot. When
the summer programs are over, they can resume working out of the Sims Center. Sgt.
Diehl explained currently they are adapting and overcoming. When they are not at the
Sims Center they are in their cars. They are not doing without and they are well received
at the Sims Center. Pick up and drop off during the summer is about an hour in the
morning or afternoon although there are some others.
Board Member McCray did not favor a temporary work trailer and felt the Officers should
remain at the Center. Sgt. Diehl expressed a concern about where to house the segways
they use when the Police Department is moved. Chair Grant suggested Public Works.
It was noted the segways are used three times a week.
Vote
The motion unanimously passed.
E. Consideration of Community Caring Center of Greater Boynton Beach Inc.'s
Grant Agreement for the Boynton Beach CRP. Nonprofit Organization Grant
Program
(Vice Chair Romelus left the dais at 8:17 p.m.)
Motion
Board Member McCray moved to approve. Board Member Casello seconded the motion
that unanimously passed. Vice Chair Romelus was not present for the vote.
F. Consideration of Habitat for Humanity International (d/b/a Habitat for
Humanity South Palm Beach County) Grant Agreement for the Boynton
Beach CRA Nonprofit Organization Grant Program
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Board Member McCray moved to approve. Board Member Casello seconded the motion
that unanimously passed. (Vice Chair Romelus was not present for the vote.)
G. Consideration of an RFP/RFQ for Redevelopment for CRA Owned Parcels
within the MILK, Jr Boulevard Corridor
Mr. Simon explained this item was a discussion of the terms, conditions and qualifications
proposals for the above in the eastern and western portions of the corridor near Seacrest
Boulevard and Federal Highway. The terms and conditions were discussed at the last
meeting, and reviewed by the CRA Advisory Board. Their recommendations were
included.
Chair Grant commented on the economic conditions. He noted there are facts listed
which should be substantiated via footnotes and the most recent Census says the City
has a population of 78,000, not 71,000. He favored, regarding item 2, where it reads
retail is not required in each building or structure, that it read they are requiring retail in
commercially zoned areas and not all is mixed-use. He inquired if the CRA normally asks
for all lease agreements or ownership of applicants in Section 8 of the proposed
submission requirements. Mr. Simon responded they did for the Cottage District and the
Town Square RFP. Staff only asks for the documents to verify the entities exist where
they say. Chair Grant asked what the Board would think about waiving the minimums for
the Town Square. If someone in the community wants to make a change and has not
done anything before, the CRA is prohibiting them from sharing their ideas of what MLK
would look like on CRA properties. The CRA only has half the properties on MILK unlike
Town Square.
(Vice Chair Romelus returned to the dais at 8:23 p.m.)
The Board was asking for a lot of vision with half the land available. Chair Grant was not
necessarily happy with the Board's commitment about the land and money without strict
community benefits agreements besides hiring people to help build it. It is up to the Board
regarding a community benefit agreement.
Board Member Katz requested clarification Chair Grant was dropping the standards to
allow people without development experience to have input in the process or submit a
response to the RFP/RFQ. Chair Grant was and wanted to look for the top three
developers, but he did not want to prohibit the community from providing their ideas for
what to develop. Board Member Casello thought it would be vetted at the time a
developer is chosen. Chair Grant pointed out the developer already submitted their ideas.
It would be in addition to what a developer would already do. Board Member Casello
commented the Town Square had a concept with a community meeting. It was thought
holding a community charrette would be helpful.
Board Member Katz noted the CRA Advisory Board made a recommendation to seek out
tax credits, similar to what was done for Ocean Breeze East. He asked Mr. Simon, since
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the property was not contiguous, if it would be beneficial to include their tax credit plans.
Mr. Simon commented there was other language the Board could consider. He attempted
to write bullet points under the Board's commitments that the Board would consider
requests for certain portions of the project if they had to utilize the credits, but it is not a
requirement. The tax credit process is long. Mr. Simon hoped the incentives in the current
economic conditions, as well as development along Seacrest and in the Town Square
area north, would provide enough incentives for the private and non-profit development
communities to be able to find financing or create a joint venture so that they would not
need that type of a funding source for some or all of the development. He was receptive
to excluding consideration of that type of a funding option.
Board Member Katz thought it would be nice if the responses included tax credit
provisions, and thought language could be included that if they respond seeking tax
credits, it be submitted at the same,time with a plan that would not use tax credits.
Discussion followed about the CRA Advisory Board reviewing the responses. Mr. Simon
advised he would move the response date from the 20th to the week before so the
Advisory Board would review the proposals first. Board Member McCray favored the
CRA Board review the proposals before the Advisory Board. Board Member Katz agreed
with Board Member McCray.
Chair Grant asked if the Board wanted the CRA Advisory Board's recommendations in
the RFP/RFQ. Board Member McCray commented the CRA Advisory Board could review
what the Board decides. Chair Grant also supported Respondents submit a development
plan with and without the use of tax credits.
Motion
Board Member Katz moved to approve. Member McCray seconded the motion that
unanimously passed.
14. New Business
A. Consideration of Terms for Lease Agreements with the City of Boynton Beach
and the Boynton Beach Congregational United Church of Christ, Inc. for the CRA
Owned Property located at 115 N. Federal Highway for Temporary Use as the
Public Library Annex
Motion
Vice Chair Romelus moved to approve. Board Member Katz seconded the motion..
(Board Member Casello left the dais at 8:32 p.m.)
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Board Member McCray asked how much rent the Church would pay per month and
learned it was $10 a month under the post occupancy agreement. Under the current post
occupancy agreement, the Church is responsible to maintain the building. Once
renovations are made to the interior and the Church is provided a designated space, Mr.
Simon suggested the CRA make the Church responsible for maintaining anything inside
their designated area. Board Member McCray asked if the Board could request the
Church leave at the end of December so the Library can have a full expansion. Mr. Simon
responded the Board could, but the Church was requesting they be allowed to stay past
the post occupancy agreement. Board Member McCray queried if the Library needed
more space after December, if they could break the lease. Chair Grant explained under
the current terms, they do not have to move until December. Mr. Simon commented as
a landlord, the Board would have access to the Church space with proper notice. He
thought it was not worth jeopardizing the current deal to do anything past six months as
the money the City saves by staying there was significant.
(Board Member Casello returned to the dais at 8:37 p.m.)
Mr. Simon explained the post occupancy agreement would end and the two new leases
would apply: one with the Church and one with the City. There were so many changes
that would apply that a new lease agreement was recommended by Legal and the
Church. In order for the Church to agree to the new lease, the Church would stay until
December and the Library would temporarily move into the Church. The only negotiable
item besides the build-out costs was the ability to stay there afterwards. Board Member
McCray commented with the new lease in December the Board could only approve
allowing the Church to remain another six months. Mr. Simon responded if the Board
motions to submit that as a term they could.
Board Member Katz agreed as it is better to leave options open. The Board could always
renegotiate terms and he did not favor being locked into an extended lease agreement.
Chair Grant noted if the Board made a counter offer, they may lose the use of the space
for the next six months. They can negotiate to extend a date certain to vacate. He was
opposed to jeopardizing the current agreement. Board Member McCray suggesting
leaving the agreement the way it is now.
Attorney Duhy suggested having a term. The term could be automatically renewable
unless provided with a 30 to 60-day written notice. Chair Grant suggested seeing if they
would accept a one-year extension to December 2019, with a 60-day written notice. Mr.
Simon could just add six months to the December date with an option to renew after that.
Time is of the essence to the City. Chair Grant did not favor new terms.
Vote
The motion unanimously passed.
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Later in the meeting Mr. Simon requested clarification of the motion and discussion
followed. Chair Grant wanted to reconsider the matter and explained if the Board did not
agree to their terms, the City cannot occupy the space until the CRA has an agreement
with them. It would postpone the Library moving in.
Board Member McCray explained the Board would leave the agreement the status quo
and the Library would move in and the Church use a designated space for six months
until December. Chair Grant understood the Board's offer was anything past the six
months is was a counter. Their request is for the full duration the Library is in the building.
The Board would have to make a motion to approve their counter offer to allow the City
to move in.
Attorney Duhy clarified there is a current post occupancy agreement that gives the Church
the entirety of the building until December. The negotiation has been the City moves into
a portion of the building for the Library. The request was the Church would rent a small
area inside the building, but wanted a time extension to occupy the same smaller space.
To accomplish that, there needs to be two leases. The post occupancy agreement would
cease and there would be a lease negotiated with the Church for a term and a lease
negotiated with the City for a term for separate spaces. The motion on the floor was to
make the Church lease for a term of six months and at the end of the term, the Board
could reconsider renewing the lease thereafter.
(Board Member Casello left the dais at 8:55 p.m.)
Board Member Katz suggested the Board make it clear to the Church it is not the Board's
intent not to renew as he would support a renewal. He favored the opportunity to evaluate
the situation as more Library space may be needed. He favored flexibility.
(Board member McCray returned to the dais at 8:57 p.m.)
Mr. Simon inquired if the Board would consider the option of allowing a portion of the first
floor of the Woman's Club to be used for additional storage or usable space for the
temporary Library as an option with this building in the event it was needed. Vice Chair
Romelus would be amenable to the use of the Woman's Club so long as it does not
interfere with regular activities. Mr. Simon would bring a formal request back to the Board.
The leases would include a 30-day notice provision of intent not to renew. Chair Grant
summarized the Board approved the CRA going back to the Church and City for two
leases
Tim Howard, Assistant City Manager, explained the Library is the first to move after the
bonds are issued at the end of July. If the City does not have a location for the Library to
move with certainty, the City will have difficulty securing a mover, it will delay the Town
Square project, or the City will need to find another space for the Library. Mr. Howard
explained if the Church denies the six months and wants to exercise their post occupancy
of the complete building, then the City has no library space and the City would not know
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that until the next CRA meeting. The City released space they had secured for the
Library, and the City would be back to square one.
Motion
Chair Grant put out a motion for reconsideration. Board Member Katz so moved.
Attorney Duhy recommended giving Mr. Simon the flexibility to negotiate a term of not to
exceed a certain period of time. After that, it could go to six months or be a shorter term.
She recommended giving Mr. Simon some flexibility so it would not require them having
to come to the Board.
Chair Grant passed the gavel and moved for the following:
Motion
The motion for the Executive Director to discuss terms with the Church to consider more
of a date certain than just the remaining amount of how long the Library will be is at the
church with the caveat to ensure the Library is able to move forward on the time schedule.
Board Member Katz seconded the motion. The motion passed 4-1, (Board Member
McCray dissenting.)
Attorney Duhy understood the Board did not want to lose the ability to move the Library
as there is no time certain that Mr. Simon was restricted by.
Vice Chair Romelus passed the gavel back to Chair Grant.
B. Consideration of Roof Replacement Contract with Advanced Roofing, Inc.
for the Historic Woman's Club of Boynton Beach
Thuy Shutt, Assistant Director, presented this item. There was a visual roof inspection
conducted during the due diligence pre-purchase period and the cost to replace the roof
was $223,728. Staff applied for and received a $50,000 grant in addition to the budgeted
$200,000 to repair the roof. They want to ensure that all previously contracted events
take place. Staff was seeking approval of a piggy-back contract to Advance Roofing, Inc.
Piggy back contracts are permissible as long as they honor the unit pricing and the
commitments listed. The alternative is the fastest way to repair the roof. She noted with
all the recent rains they have had, there is a leak. The building is also historic and staff
wishes to maintain the character of the building. There are two types of roofing systems
and there are a few outstanding items.
Ben Bradley of Advanced Roofing was present to answer any questions. Ms. Shutt
explained the company is a reputable company. They have two warranties. There is a
two-year warranty on the labor, but the materials warranty would depend on the
manufacturer and was being worked on. The contractor also wanted to ensure for
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inclement weather, they would not be penalized, or be penalized if there is a backlog for
the building permit. Staff committed to expedite the building permit and also needed to
confer with the CRA insurance agent to ensure the CRA can purchase builders risk
insurance. This type of insurance is usually purchased by the owner or general contractor.
Advanced Roofing is not a general contractor. A proposal was included in the meeting
material and staff would like to work with them to get the best warranty period possible.
Staff would want a 20-year warranty, and the CRA would have to ensure the manufacturer
has the proper inspection for the performance and repair work. The contract amount for
Advanced Roofing to do the work would not to exceed $384,934 including a 10%
contingency fee for unanticipated costs. She noted there was some termite damage
identified, and staff does not know how much damage exists. The cost also includes
designs for a structural engineer to design the repair of the trusses. It included the cost
of the performance and payment bond equal in cost of the repair work as well as the
allowance for the inspection, design costs and structural engineering. Staff was
requesting the Board authorized chair to execute agreement after repair by legal counsel
and staff would like to expedite the matter and issue a Notice to Proceed so all will be
completed by October 1st.
Attorney Duhy recommended the motion be for the Executive Director to have the ability
to negotiate the final terms as proposed by Ms. Shutt. There are some issues being
finalized. The Executive Director could be given the discretion to negotiate the rest of
those consistent with the legal requirements for piggy backing which would be subject to
legal review.
Chair Grant noted the building was an Addison Mizner building. He asked if the company
could make all the needed improvements. Ben Bradley, Advanced Roofing, advised he
was confident they could make the repairs.
Motion
Board Member McCray moved to approve.
Board Member Casello asked if the roof would match the original roof. Mr. Bradley
explained the roof is made from a handmade clay tile. It will look identical. Board Member
Casello seconded the motion that unanimously passed.
C. Consideration of Additional Grant Funding for the Economic Development
Grant Program
Mr. Simon explained at the May meeting, the CRA Board requested staff look at the
existing budget to make recommendations to supplement the funds in the economic
development grant line item. Staff identified $50,000 from the Project Funds, business
marketing program line that were unused that could be transferred to the grants. Including
the items approved at this meeting, there was $18,250 in the current economic
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development grant program line, unless the Board approves further funding for the
remainder of the fiscal year.
Vice Chair Romelus supported the program. She noted this is what a CRA is expected
to do and the program is being noticed.
Motion
Vice Chair Romelus moved to allocate the additional funds to continue the program to
throughout the fiscal year. Board Member McCray seconded the motion for discussion.
He asked if there are funding requests pending and learned there were.
Vote
The motion unanimously passed.
Vice Chair Romelus requested hearing item E before D. There were no objections.
E. Consideration of Award and Contract for Responses to the Invitation to Bid
to Perform Landscape Maintenance Services on Properties Owned by the
CRA (Heard out of Order)
Ms. Shutt explained this item was the result of an invitation to bid for landscape
maintenance services. There are 47 properties and the CRA contracts with five entities
to maintain them and spread the work around. To control costs, they issued the Invitation
to Bid and conducted a sufficiency and compliance review. The lowest, most responsive
bidder for the category 1 properties, which were improved properties such as the
Woman's Club, the Marina and the parking lot, was Green Industry Landscaping for
$27,610 annually. The second category was for vacant CRA properties and the lowest
bidder was $22,680, however, there was a letter from Vincent and Son, indicating that
unless they have both contracts, they would withdraw their bid. In that event, the next
lowest bidder was LV Superior Landscaping at a cost of $25,800 annually. LV Superior
did not make it onto the staff's review list as the lowest bidder because there was a
material item missing from category one. She noted in totality, the Invitation to Bid allows
the Board to make a combination of awards that are in the CRA's best interest. If the
Board choses to waive material requirements, or give LV Landscaping more time to
provide the documents, their cost for both categories would be $48,570. If the Board
wants Vincent and Sons to also have both contracts, their total amount was $59,160.
Vincent and Sons is the only local business that qualified out of the respondents as a
local preference contractor. Ms. Shutt commented the CRA has already spent$89,570 in
landscape maintenance this year. This contract will be a cost savings to the CRA
because it will be a two-year contract with an option to renew for one year. Staff's
recommendation was to award the contract to the two most responsive bidders for the
two categories, but the Board has the ability to deviate from the recommendations. The
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work was split between the groupings of lots. Green was the lowest bidder for category
one and Vincent was the lowest for category two.
Vincent and Son submitted a bid of $59,000 a year for both categories. Board Member
Romelus asked if Vincent submitted the highest bid for both categories and learned they
were the lowest for the vacant properties, and the highest for both categories, but satisfied
the CRA local preference, which is 5% or $5,000.
Chair Grant commented staff received the letter today about the category one and two
properties. He noted some landscaping companies run over the trash on site and asked
if they pick it up before cutting the yard as the Heart of Boynton has decades of trash.
Nicholas Petrino from Vincent and Son explained they are currently the primary and local
contractors and they service CRA properties including the sign on Federal Highway and
trash removal at various locations including MLK Jr. Boulevard.
Board Member Casello inquired what made Mr. Petrino decide not to service the category
two properties and learned when they responded, they bid it as a whole contract and
submitted lower numbers on the lots thinking they would bid the entire contract. When
they found out they would be awarded only the one lot, it was not financially feasible and
they would lose about $800 a month. Vincent and Sons was about $5,700 more than
the other respondent responding to both lots. The 5% or $5,000 local preference which
ever was less was $1,380.50. The 5% on the bid category would not apply, but if looking
at the cost benefit of having a- local business for the price difference of $5,750, the
company would be in the area and available and it could be considered a public benefit
because it builds wealth in the community and they are paying taxes. Board Member
Casello liked hiring locally. There was discussion about combined offers. Staff has to
stick with requirements, but the Board has to weigh the public benefit and waive minor
inconsistencies.
Board Member McCray inquired if Vincent and Sons handled the medians and learned
they maintain and handle trash along the Federal Highway median, the parks along
Federal Highway, Gateway Boulevard, Boynton Beach Boulevard, and Congress Avenue
from Gateway to Delray Beach, Board Member McCray asked how high the hedges had
to grow in the medians before they are cut. Mr. Petrino explained it is in the contract and
they are discussing it with Glenda Hall, Forestry and Grounds, and she has been meeting
with them about specifications about how she wants the hedges shaped and about the
height moving forward.
Motion
Vice Chair Romelus received confirmation Green bid for both categories at $110,000,
Vincent and Sons at $59,160 and LV Superior at $48,570. Vice Chair Romelus favored
Vincent as the local preference for both categories as the CRA has paid $89,000 this
fiscal year and so moved..
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Community Redevelopment Agency Board
Boynton Beach, Florida June 12, 2018
Yeddi Season, Green industry Landscaping, was the lowest bidder for the category one,
but was much higher for the combined category two. The company has over 20 years of
agricultural experience and five years of landscaping experience handling commercial
landscaping in addition to residential. They visited the subject site and took into
consideration the size of the tree. All workers are tree trimming licensed as well as
licenses in fertilizing. They have commercial pest control operators, and are specialists .
She explained if bidding low, corners will be cut and they will not do what they are
required. The company gives a true estimate. They are not from Boynton Beach and were
notified at 2 p.m. to attend and they did. She advised they are motivated and would do
the job well or not bid at all.
Board Member McCray asked Mr. Petrino if they handle the medians on Seacrest and
learned they do not. Vincent and Sons has been in the City for five years.
Vote
Board Member Katz seconded the motion that unanimously passed. Both bids were
awarded to Vincent and Sons.
D. Consideration and Discussion of Fiscal Year 2018/2019 Budget
Mr. Simon explained the Board will review the Debt Service Fund and the Project Fund
including the CRA's obligations under the Board's current Tax Increment Financing (TIF)
agreements. There are three funds in the current Operations including the General Fund,
which contains the Administrative, General Operation, Insurance, Property Maintenance,
CRA Board and CRA Advisory Board Expenses and Marina related items. The Project
Fund contains all the Capital Projects, Development Projects, Initiatives, Property
Acquisition Funds, Local Business Grants, Promotional Events and Innovative Policing
Program. The third Fund within Operations is the Debt Service fund, which contains the
CRA's Financial Debt Obligations for Bonds and Encumbrances and the TIF Agreements
the Board has.
A snapshot of the CRA TIF was viewed. The balance of funding after TIF obligations
reflected there was available project funding in the amount of $6,170,803. The Town
Square Project would use $3,700,000 and was encumbered as an obligation to the City.
Staff took two categories of project funds and placed an amount for the Special Events.
Neighborhood Policing and Marketing assistance programs for local business. The Board
could eliminate all three of those items or leave as is.
The MLK Corridor Redevelopment line item had $1,200,000, and there was no money
spent to date. The Board could roll it over or leave the amount. Staff has been working
with the City on the Sara Sims project. This year $600,000 was dedicated to the project
to match the City's $700,000 to complete the project for $1.3 million. Mr. Simon
anticipated the project cost would increase due to the cost of materials and other factors
and worked with Kimley Horn and the City on ways to adjust the scope. Staff would make
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Meeting Minutes
Community Redevelopment Agency Board
Boynton Beach, Florida June 12, 2018
a presentation at the July meeting on the final design. He anticipated it would be more
like $1.5 or $1.7 million. It was also noted any of the line items could be changed before
adoption of the budget in September. Mr. Simon explained there was no need to add
more funding for the Ocean Breeze East project.
As to the funding for Sara Sims, all agreed the $600,000 CRA commitment and $700,000
from the City was done. Discussion followed if they commit to a certain amount of money,
they should stick with it as they have a budget. Vice Chair Romelus agreed that over
time, prices change. She favored keeping the $600,000 and having a later conversation.
Board Member McCray agreed with rolling the $600,000 over.
Board Member Katz wanted to see the next year's budget projections assuming they
rolled everything over so he could see what was available and what he would endorse.
He wanted to see the commitments already made and roll over all unused funds into the
same categories next year and then adjust. Vice Chair Romelus agreed and asked what
the balance would be. Some of the line items had funds encumbered, but not yet spent.
Vicki Hill, Finance Director, explained there is $6.1 million and after all the funding
commitments such as the Ocean Breeze East, Town Square, Neighborhood Officer
Program and the marketing programs, there is $1.4 million left to allocate. Staff will advise
what can be rolled over, and what is extra next month.
Vice Chair Romelus favored reallocating at least$500,000 for the Economic Development
Grants. Board Member McCray noted staff recommended decreasing the community
policing by$2,000. Ms. Hill explained the reduction was in the miscellaneous office supply
and miscellaneous promotional line items. The Neighborhood Officer Program will also
save rent now that they are working out of the Carolyn Sims Center.
Professional services had $325,000 and of that, $185,000 could be rolled over.
Mr. Simon asked if the Board wanted to continue special events, the Neighborhood Police
Units and economic development grants. Chair Grant commented the Board was not
looking at all the programs and the budget. Board Member Katz requested adjusting the
budget from 17/18 and strike through if funds were spent reflecting the remaining
available funds. Ms. Hill agreed to do so.
Chair Grant went to the Boynton Beach Dive Center and spoke to them and Mr. Simon
about a line fish tournament. There are multiple diving businesses and the closest line
fish tournaments are in Jupiter or Ft. Lauderdale. He would like to promote the City's
diving industry. Vice Chair Romelus noted Boynton Beach is closest to the Gulfstream
and has the best reefs behind Key West or possibly Australia.
15. CRA Advisory Board
A. CRA Advisory Board Agenda - June 7, 2018
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Meeting Minutes
Community Redevelopment Agency Board
Boynton Beach, Florida June 12, 2018
B. Approval of CRA Advisory Board Meeting Minutes - May 03, 2018
Board Member McCray asked if the Board had to approve the CRA Advisory Board
meeting minutes and learned they approve their own minutes. It was suggested the item
read meeting minutes.
C. Pending Assignments
1. None
D. Reports on Pending Assignments
1. None
E. New Assignments
1. None
16. Future Agenda Items
A. Consideration of an RFP/RFQ for the CRA Owned Property Located at NE
4th and NE 5th Avenues, a/k/a the Cottage District
B. Boynton Beach Boulevard Streetscape Improvement Project Update
C. Sara Sims Park Project Update
D. Consideration and Discussion of the Letter Submitted by the Community
Caring Center Boynton Beach, Inc. (CCC), for their property located at 145
NE 4th Ave, Boynton Beach, Florida
17. Adjournment
Motion
Vice Chair Romelus moved to adjourn. Board Member Casello seconded the motion
that unanimously passed. The meeting was adjourned at 9:47 p.m.
ddt�v� &)Of
Catherine Cherry
Minutes Specialist
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