DDA Regular Board Meeting July 16, 2024

Page 1


CALL TO ORDER

ORGANIZATIONAL AND REGULAR BOARD MEETING AGENDA

Downtown Development Authority Tuesday, July 16, 2024 8:30 AM

The Ben Hotel – The Studio Conference Room 251 N. Narcissus Ave. West Palm Beach, FL 33401 https://downtownwpb.com/DDA

PUBLIC COMMENTS AND QUESTIONS

EXECUTIVE DIRECTOR REPORT

PRESENTATIONS

• Sunfest

ELECTION OF OFFICERS (Action Required)

• Election of Chairman

• Election of Vice Chairman

• Election of Secretary

SETTING OF MILLAGE RATE (Action Required)

• Set Proposed Millage Rate

• Resolution No. 02-2024; 2nd Mil Budget Resolution

SET MEETING DATES (Action Required)

• FY 2024/2025 DDA Board Meeting Schedule and Public Hearing Dates

CONSENT CALENDAR (Action Required)

• Minutes of Board Meeting of June 18, 2024

• Financial Statements of June 30, 2024

OLD BUSINESS

• Legal Services Discussion

NEW BUSINESS (Action Required)

ANNOUNCEMENTS

ADJOURNMENT

107 S. Olive Avenue, Suite 200, West Palm Beach, FL 33401

Phone: 561.833-8873|Fax: 561.833.5870| www.downtownwpb.com

Rick Reikenis

Rick Reikenis

Max Lohman

Vivian Ryland

Vivian Ryland

Rick Reikenis

Teneka James Feaman

MEMO

To: DDA Board

Rick Reikenis, Chairman

Robert Sanders, Vice Chairman

Samantha Bratter

Peter Cruise

Tim Harris

Daryl Houston Varisa Lall Dass

RE: Annual Organizational Meeting

Date: Tuesday, July 16, 2024

In accordance with the By-Laws of the DDA, an Organizational meeting to elect officers is held annually in July. At the annual Organizational meeting, the Board elects’ members to serve as Chairman, Vice Chairman and Secretary. These are one-year terms. Typically, the Executive Director serves as the Secretary of the Board.

In addition to the election of officers, the State requires a proposed millage rate be set in July. This is the ‘not to exceed rate’. The actual millage rate is determined at the final budget hearing held in September. The DDA sets its millage rate at 2 mils due to the budget approval process of the CRA.

As per the Interlocal Agreement between the City, CRA and the DDA, the DDA prepares and adopts the 2nd Mil Budget Resolution detailing the proposed budget for the increment from the 2nd mil for the upcoming year. Once it has been adopted and executed, a copy is sent to the Mayor and the Director of the CRA.

RESOLUTION NO. 2-2024

A RESOLUTION OF THE WEST PALM BEACH DOWNTOWN DEVELOPMENT AUTHORITY TRANSMITTING A PROPOSED BUDGET FOR THE INCREMENT OF THE SECOND MIL OF AD VALOREM TAXATION TO THE CITY OF WEST PALM BEACH PURSUANT TO THE INTERLOCAL AGREEMENT BETWEEN THE CITY OF WEST PALM BEACH AND THE WEST PALM BEACH DOWNTOWN DEVELOPMENT AUTHORITY; PROVIDING AN EFFECTIVE DATE AND FOR OTHER PURPOSES.

WHEREAS, the City of West Palm Beach (City) has exempted the Downtown Development Authority (DDA) from the requirement to fund the redevelopment trust fund with the increment generated by the second mil of DDA ad valorem taxation; and

WHEREAS, the City and the DDA have entered into an Interlocal Agreement effectuating that exemption; and

WHEREAS, the Interlocal Agreement requires the DDA to provide the City with the proposed budget for the increment of the second mil of ad valorem taxation; and

WHEREAS, the DDA has considered and approved a proposed budget for the increment of the second mil of ad valorem taxation.

NOW, THEREFORE, BE IT RESOLVED BY THE WEST PALM BEACH DOWNTOWN DEVELOPMENT AUTHORITY THAT:

Section 1: The Downtown Development Authority’s proposed budget for the increment of its second mil of ad valorem taxation is as follows:

Section 2: This resolution shall become effective immediately upon adoption.

Section 3: The Executive Director is directed to transmit a copy of this Resolution to the Mayor of the City of West Palm Beach immediately upon its adoption.

PASSED AND ADOPTED THIS 16th DAY OF JULY 2024.

DOWNTOWN DEVELOPMENT AUTHORITY

CERTIFICATE

I, the undersigned, Executive Director of the West Palm Beach Downtown Development Authority, do hereby certify that the foregoing is a true and correct copy of the Resolution adopted by said Authority on the 16thth day of July 2024

August 20, 2024

*September

September 17,

October 15,

February 18, 2025

March 18, 2025

April 15, 2025

May 20, 2025

June 17, 2025

July 15, 2025

August 19, 2025

2024-2025 DDA BOARD MEETING DATES

#200, WPB, FL

#200, WPB, FL

#200, WPB, FL

#200, WPB, FL

Ave., #200, WPB, FL

REGULAR BOARD MEETING MINUTES

Downtown Development Authority Tuesday, June 18, 2024

8:30 AM

The Ben Hotel – The Studio Conference Room 251 N. Narcissus Ave. West Palm Beach, FL 33401 https://downtownwpb.com/DDA

ATTENDANCE

DDA Board members in attendance: Chairman Rick Reikenis, Samantha Bratter, Peter Cruise, Daryl Houston, and Varisa Lall Dass DDA Staff in attendance: Teneka James-Feaman, Raphael Clemente, Vivian Ryland, Catherine Ast, Krystal Campi, Tiffany Faublas, Sabrina Lolo, Samantha Moore, Sherryl Muriente, and Attorney Max Lohman. Guests in attendance: Lois Clemente, Kai Clemente, William Roger Cummings, Bob Diffenderfer, Jonathan Hopkins, Chris Lyon, and Carolina Puente.

CALL TO ORDER

Chairman Reikenis called the meeting to order at 8:31 a.m.

PUBLIC COMMENTS

None.

EXECUTIVE DIRECTOR’S REPORT

James-Feaman reported that WPBgo received $75,000 in funding from the Knight Foundation. The DDA will be hosting the Florida Downtown Association from July 25 - 27th. Block by Block phase one starts on July 1st, JamesFeaman shared images of their uniforms and equipment. Tiffany Faublas and Sherryl Muriente have been invited to present at the IDA Annual Conference this year. Catherine Ast recently completed recertification for CPTED and Samantha Moore has been accepted into the FGFOA Beginner Boot Camp next month.

PRESENTATIONS

Reikenis on behalf of board and staff presented a token of appreciation to Clemente for his 18 and half years of dedicated service to the Downtown Development Authority.

CONSENT CALENDAR

Minutes of Regular Board Meeting May 21, 2024

Financial Statement of May 31, 2024

Cruise made a motion to approve the consent calendar. Houston seconded the motion. The motion passed unanimously.

OLD BUSINESS

None.

Reikenis called for action to reorder the agenda to discuss new business agenda item 5-year workplan prior to agenda item FY 24 – 25 Draft Budget.

Cruise made a motion to reorder the agenda Lall Dass seconded the motion. The motion passed unanimously.

NEW BUSINESS

Lewis, Longman & Walker

In January 2024, the DDA board approved an agreement with Lewis Longman and Walker to serve as Legislative Counsel providing advice and representation to Florida Legislature and Executive Branch on House Bill 7013/Senate 1058 relating to special districts. Due to their knowledge and expertise, the DDA was able to provide recommended changes to the House Bill prior to its implementation. Staff is requesting approval of the agreement for (1) one year, with the option of (2) two additional (1) one-year renewals The contract agreement per year is $60,000. Lohman advised that a 30-day termination without cause with 30 days’ notice be added to the agreement because this agreement spans over multiple fiscal years.

Cruise made a motion to approve the agreement with Lewis, Longman, & Walker with 30-day termination amendment Houston seconded the motion. The motion passed unanimously.

Reikenis stated regarding the topic of legal services periodically we go out for RFP for audit services and other contracts every 5 years or so. He stated that Lohman has done a great job as our attorney and that there is a big advantage of having continuity of representation. He asked how often we RFP or RFQ legal services. James-Feaman stated that to her knowledge we have not gone out for RFP or RFQ since she has been at the organization. Lohman stated that an RFP was originally awarded to Corbett and White; when he left their firm the DDA Board choose to transfer files to Lohman in 2014.

Reikenis asked the board for feedback if we should periodically go out for RFP or RFQ for legal services as a publicly funded agency. Bratter stated that she is unsure of the legal standing but from professional and personal experience continuity usually has a beneficial return on investment. Cruise agreed with Bratter but added that since we are a tax funded agency should we periodically issue RFP or RFQ.

Lohman stated that legal services are exempt from the Florida Statues competitive solicitation requirements. He added that municipalities, counties, government agencies don’t go out routinely to solicit legal services unless they are dissatisfied with the service they have. Reikenis stated that is not the case; it’s a matter of public perception for soliciting services.

The Board determined that they would like to bring back legal services agenda item next month for further discussion.

Contract for Executive Director

Reikenis reviewed the proposed Executive Director Employment Agreement and attachments for Teneka JamesFeaman to become effective June 1, 2024.

Cruise made a motion to approve the Executive Director Employment Agreement for Teneka James-Feaman. Houston seconded the motion. The motion passed unanimously.

5-year Workplan

James-Feaman stated that in preparation for the renewal of the DDA’s Interlocal Agreement with the City and CRA, staff has drafted a new plan to guide the organization’s work and budget for the 2024/2025 – 2028/2029 fiscal years.

The plan includes a focus on (4) four pillar areas: District Services and Operations, Public Realm Programs, Business Development, Marketing and Public Relations. Staff is seeking Board Approval of this plan to move forward with the Interlocal Agreement process.

Cruise made a motion to approve the 5-year workplan as presented. Houston seconded the motion. The motion passed unanimously.

FY 24 – 25 Draft Budget

James-Feaman presented the Fiscal year 2024 – 2025 Draft Budget. She reviewed each category and the change year over year for the last few years. The Property Appraiser notified the DDA on June 1st of its estimated taxable value. The total estimated taxable value is $4,020,665,285 with new construction estimated at $107,494,402. The taxable value in FY 2024 was $3,622,597,256. There has been an 11.28% increase in property value from the prior year. The FY 2025 budget is based on DDA five-year work plan and recommended amendments to the interlocal agreement between the DDA, City and CRA.

ANNOUNCEMENTS

Organizational and Regular Board Meeting is next month July 16, 2024. Proposed budget hearing dates are September 9, 2024, and September 16, 2024, or September 23, 2024. James-Feaman informed the board that proposed dates do not conflict with County and School Board Meeting Dates or IDA Conference. Moore will poll the board for best dates and present them for approval at July Board Meeting.

ADJOURNMENT

Cruise made a motion to adjourn the meeting. Bratter seconded the motion. The motion passed unanimously. Meeting adjourned at 9:11 am.

Board Financials

West Palm Beach Downtown Development Authority

For the Period Ending June 30, 2024

Prepared on July 10, 2024

No CPA provides any assurance on these financial statements.

Balance Sheet

As of June 30, 2024

$5,008,561

Monthly Budget Comparison

INCOME

1,908,520,433.00

October 2023 - June 2024

MEMO

TO: Rick Reikenis, Chairman

Robert Sanders, Vice Chairman

Samantha Bratter

Peter Cruise

Varisa Lall Dass

Tim Harris

Daryl Houston

FROM: Teneka

RE: Legal Counsel Discussion

DATE: Tuesday, July 16, 2024

At the June 2024 board meeting, there was a brief discussion about issuing an RFP for legal counsel.

DDA staff has identified the following.

- The DDA has not done an RFP for legal counsel since prior to 2007

- Corbett, White, and Davis was the legal counsel for the DDA until 2014

- Corbett, White, and Davis notified the DDA Board that Max Lohman left their firm and the DDA choose to transfer files to Lohman July 28, 2014.

- DDA Board approved Lohman as legal counsel August 19, 2014.

- Lohman notified the DDA of rate increases September 15, 2021.

- Legal Counsel reports to the DDA Board but works with the Executive Director for day-to-day operations and assistance as needed.

Draft timeline for the RFP process would include the following:

- Draft scope of services – July 2024

- DDA Board approval of scope – August 2024

- RFP marketed via On-Demand and DDA website for 30 days – August to September 2024

- Committee or Board to review proposals received – October 2024

- Legal Counsel recommendation and execution of agreement – November 2024

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