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Agenda 01-14-03I. Call to Order. II. Roll Call. V III. IV. COMMUNITY REDEVELOPMENT AGENCY Tuesday, January 14, 2003 Commission Chambers BoyntOn Beach 6:30 P.M. Agenda Approval: A. Additions, Deletions, Correcti0~ns to the Agenda. B. Adoption of Agenda. Consent Agenda. -689 A. Approval of Minutes - December 10, 2002 -705 B. Financial Report C. D. E. -690 -708 Budget Transfer Request and Justification Adding a Forth Signer to the Checking and Money Market Accounts -711 -712 Request for Accounting Line Item Adjustment V. Public Audienc~.71 3 May person who decides to appeal any decision of the Community Redevelopment Board with respect to any matter considered at his meeting will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the lings is made, which record includes the testimony and evidence upon which the appeal is to be based. !'he CRA shall furnish appropriate auxiliary aids and services where necessary to afford aa individual with a disability an equal ~pporttmity to participate in and enjoy the benefits of a service, program, or activity conducted by the CRA. Please contact Douglas tutchin.qon at 561-737-3256 at least twenty-four hours prior to the program or activity in order for the CRA to reasonably ccommodate your request. 6 8 6 Vf. Public Heariflg -714 A. Abandonment -715 1. PROJECT: AGENT: LOCATION: DESCRIPTION: Daise Temple Church of God in Christ (ABAN 02-004) City of Boynton Beach NE 3rd Street, South of NE 12th Avenue Request for right-of-way abandonment of a 90-foot segment of NE 3rd Street, south of NE 12th Avenue. Major Site Plan Modification 730 1. PROJECT: Dakota Lofts (MSPM 02-006) AGENT: Dror Trigger OWNER: Dakota Lofts Development, Inc. LOCATION: 3010 S. Federal Highway DESCRIPTION: Request for a major site plan modification for changes to the townhouse elevations and floor plans. Code Review 1. PROJECT: AGENT: LOCATION: -721 DESCRIPTION: Limited access Self-Storage (CDRV 02-004) City of Boynton Beach C-2 Neighborhood Commercial, C-3 Community Commercial and C-4 General Commercial zoning district city-wide. Request to amend the Land Development Regulations Chapter 2. Zoning, Sections 6(a), 6(b), 6(c), 6(d) and 11.O: 1. to restrict self storage facilities to the M-1 Industrial zoning and district; and 2. to amend the supplemental regulations governing SELF SERVICE STORAGE FACILITIES (MINI-WAREHOUSE) to remove all remoVe all references to the C-1 Office / Professional Commercial zoning district. Any person who decides to appeal any decision of the Community Redevelopment Board with respect to any matter considered at this meeting will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. The CRA shall finnish appropriate auxiliary aids and services where necessary to afford an individual with a disability an equal opporttm/ty to participate in and enjoy the benefits ora service, program, or activity conducted by the CRA. Please contact Douglas Hutchinson at 561-737-3256 at least twenty-four hours prior to the program or activity in order for the CRA to reasonably accommodate your request. 687 Director's Report: _ 748 A. Updates 1. Work Shop Date - January 23, 2003 at 6:00 P.M. at City of Boynton Beach Library VIII. -749 Old Business: A. Consideration of Fagade Grant for Grace Fellowship Church (Tabled from the December 10th CRA Board Meeting). - 750 B. Consideration of a Direct Incentive Program-751 IX. New Business':.766 A B C D Consideration of RFQ for Design/Build Services for Boynton Beach Boulevard Project -767 Recommendation for Outside Annual Audit - 785 Investment Policy and Florida Statues - 789 State Board of Administration (SBA) 803 X. Other Items: XL Adjournment. -810 my person who decides to appeal any decision of the Community Redevelopment Board with respect to any matter considered at als meeting will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the -c qings is made, which record includes the testimony and evidence upon which the appeal is to be based. l~e CRA shall furnish appropriate auxiliary aids and services where necessary to afford an individual with a disability an equal pportunity to participate in and enjoy the benefits of a service, program~ or activity conducted by the CRA. Please contact Douglas [utchmson at 561-737-3256 at least twenty-four hours prior to the program or activity in order for the CRA to reasonably :commodate your request. 6 8 8 Consent Agenda. Board with respect to any matter Any person who decides to appeal anY decision of the Community Redevelopmentneed to ensure that a considered at this meeting will need a record of the proceedings and for such purpose may verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the ~.ppeal is to be based. The CRA shall femish appropriate auxiliary aids and services where necessary to afford an individual with a disability an equal opporttmity to participate in and enjoy the benefits of a service, program, or activity conducted by the CRA. Please contact Douglas Hutchinson at 561-737-3256 at least twenty-four hours prior to the program or activity in order for the CRA to reasonably accommodate your request. MI'NUTES OF THE COMMUNI'TY REDEVELOPMENT AGENCY REGULAR 'MEET]:NG HELD ]:N COMMI'SSION CHAMBERS, C]:TY HALL, BOYNTON BEACH, FLOR]:DA, ON TUESDAY, DECEMBER 10, 2002 AT 6:30 P.M. Present Larry Finkelstein, Chairman Jos~ Aguila Alexander DeMarco Don Fenton Doug Hutchinson, CRA Director Lindsey Payne, Board Attorney Dale Sugerman, Assistant City Manager Absent Jeanne Heavilin, Vice Chair Michelle Hoyland Henderson 'rillman Call to Order Chairman Finkelstein called the meeting to order at 6:32 p.m. Roll Call The Recording Secretary called the roll and declared that a quorum was present. Agenda Approval: A. Additions, Deletions, Corrections to the Agenda The following changes were made to the Agenda: Chairman Finkelstein requested that the following items be added to the Director's Report: 2. ocean District Plan Update 3. $31Vl Loan Update IVlr. Aguila requested that the following item be added under VHI. Old Business: Review of The Harbors*Ar~:hitectural Additions 690 Meeting Minutes Community Redevelopment Agency Boynton B~_ach, Florida B. Adoption of Agenda Motion December 10, 2002 Mr. Aguila moved to approve the Agenda, as amended. Notion seconded by Don Fenton, and unanimously carried. ]:V. Consent Agenda Approval of Minutes, November 12, 2002 CRA Board Meeting Cancellation of .Employment Contract and Adoption of Employee Status Financial Report CRA At the request of Chairman Finkelstein, Consent Agenda Items A & B were removed from the Consent Agenda for discussion. Motion Mr. Aguila moved to remove Consent Agenda Items IV.A & B from the Consent Agenda for discussion. Mr. DeMarco seconded the motion that carried unanimously. Approval of Minutes, November 12, 2002 CRA Board Mccting Chairman Finkelstein requested that on page 605, fourth paragraph, the last word be changed from '~npu~" to "/nterest." ,Motion Hr. Aguila moved to approve the minutes of the November 12, 2002 meeting as amended. Mr. Fenton seconded the motion that carried unanimously. Cancellation of Employee Contract and Adoption of CRA Employcc Status Chair Finkelstein stated that in discussions with the Board Attorney, the manual is the guide for the employees and there are several items in the existing manual that do not apply to the CRA such as pay plans and grades. He suggested that the Director and the Board Attorney work on employment contracts until the manual is corrected. 691 Meeting Minutes Community Redevelopment Agency Boynton Be. ach, Florida December 10, 2002 Motion Mr. Aguila moved to direct the Director and the Board Attorney to prepare the appropriate employment contracts, pending correction of the Manual. Mr. Fenton seconded the motion that carried unanimously. Motion Mr. Aguila moved to approve the balance of the Consent Agenda. Mr. DeNarco seconded the motion that carried unanimously. V. Public Audience Chair Finkelstein opened the public audience and closed it when no one wished to speak. V:]:. Public Hearing Planning and Zoning Hearing Items Attorney Payne administered an oath of truthfulness to all persons who would be testifying. She did so at this time and repeated it as necessary throughout the meeting. New Business A. Land Use Plan Amendment/Rezoning (Revised) Project: Agent: Location: Description: Mixed Use - Core (LUAR 02-10) City-Initiated East side of Federal Highway, between Ocean Avenue and NE 4m Street Request to amend the Comprehensive Plan Future Land Use Nap from Nixed Use (MX) to Nixed Use - Core (MX-C) Dick Hudson, Senior Planner, presented the highlights of the Staff Report. The Planning & Zoning Division believes that this request is consistent with the intent of the Comprehensive Plan; will be compatible with adjacent land uses; and will contribute to the overall economic development of the City. It was also determined that additional potential demand upon public facilities can be accommodated. Therefore, staff recommended that the subject request be approved. 692 Meeting Minutes Community Redevelopment Agency Boynton B~_ach, Florida December 10, 2002 This amendment allows the property owners with that land use to apply for the Mixed Use High Intensity zoning if they so desire. Hr. Aguila thought that the boundaries of the designated area were restrictive and would force people to come in on a parcel-by-parcel basis on the undesignated properties. Mr. Hudson replied that this was staff's best guess after looking at a needs analysis. If they had included a larger area, DCA would have wanted to see a complete justification analysis and impacts on the infrastructure and this would have put a considerable administrative burden on staff. They wanted to get it on the map and get started somewhere. Michael Rumpf, Planning & Zoning Director, stated that the land around the Marina area presents the greatest potential for opportunity right now. Mr. Aguila confirmed with IVlr. Hudson that staff could handle amendments up to :LO acres without going through the DCA. Mr. Hutchinson stated that larger projects could still come in and add to this area but that was speculative at this time and the infrastructure load had to be considered. CHAIR FINKELSTEIN OPENED THE PUBLIC HEARING. Debbie Brooks, 15 East Ocean Avenue, Ocean Ridge, asked how many individual property owners owned the land in question. Chair Finkelstein said that there were multiple owners. Vincent Molle, owner of the Banana Boat property, noted that his property was included on the map. He inquired whether it was another concession to the Marina. He then asked about an area on the map that was not included and Mr. Hudson explained that this was because it was City-owned. Mr. Molle stated he was in litigation with the City right now over entry to the Banana Boat and he thought he should attend this meting to find out what was going on. CHAIR FINKELSTEIN CLOSED THE PUBLIC HEARING. Motion Mr. Fenton moved to accept the staff recommendation on the Mixed Use-Core Land Use Amendment (LUAR 02-:[0). Mr. Agui!a seconded the motion that carried unanimously. ~ Project: Agent: Owner: Beachside at Boynton (LUAR 02-008) Siemon & Larson, P.A. Gulfstream Lumber Company 693 Meeting Minutes Community Redevelopment Agency Boynton Be. ach, Florida December 10, 2002 Description: Request to amend the Comprehensive Plan Future Land Use Map from Local Retail Commercial (LRC) to Mixed Use (MX); and Request to rezone from C-3 Community Commercial to Mixed Use - Low Intensity (MU-L). For Mixed Use development (residential, retail and office). Dick Hudson, Senior Planner, presented the highlights of the Staff Report. Staff concluded that the request was consistent with the intent of the Comprehensive Plan; would not create additional impacts on infrastructure that had not been anticipated in the Comprehensive Plan; would be compatible with adjacent land uses and would contribute to the overall economic development of the City. Staff recommended approval of this request. Staff believed that a mixed-use project at this intersection would be consistent with the Federal Highway Corridor Plan and provide a gateway to the downtown area. CHAIR FINKELSTEIN OPENED THE PUBLIC HEARING. Mike Fitzpatrick, 175 S.W. 2nd Street, Boynton Beach, said that it was obvious what Gulfstream Lumber and the new owners would get out of this, but he asked what the City of Boynton Beach would get out of it. He advocated a 200-foot easement along the railroad tracks for Greenways. It could also have the purple pipe for recycled water. If easements are linked up piece by piece, it provides future flexibility to enhance the City. He thought that if the City asked the developers for this land, the developers would not be favorably disposed to it; however, he had not seen anyone sit down face to face with the developers to ask for this. He stated that Gulfstream Lumber wanted to get out and that this was the only time when any pressure could be applied. It was not a site issue because the City needs to own the land. If it is put off until it becomes a site issue, everyone would feel sorry for the developer because they had already put so much time into planning and laying it out and nobody would want to say no. Now is the time for the City to get something from the developers. CHAIR FINKELSTEIN CLOSED THE PUBLIC HEARING. Mr. Aguila inquired whether the property was under one unity of title and Mr. Hudson replied that it was, He also asked about the extension of S.E. 3rd Street and whether it served anything useful to the south and Mr. Hudson replied that it did not. Mr. Aguila wondered if it could be abandoned and included with the parcel and Mr. Hudson said it could be (if they requested it). Mr. Hudson indicated that S.E. 2nd 694 Meeting Minutes Community Redevelopment Agency Boynton B~ach, Florida Street came to the City three or four years ago and abandoned. When this process began, no record of an found. The City had agreed to abandon it but no Ordinance had been done and this was just completed at the last City Commission meeting. December 10, 2002 asked that this be easement could be Mr. Aguila did not want to. see the land subdivided into out parcels and he asked if there were a way to control that. Hr. Hudson stated that he believed the developer clearly understood that and that they were to come in with a unified development plan for the property. Hr. Aguila asked if the City had a policy or ordinance where large parcels would be reviewed for the possibility of some Greenways to be part of the development process. Hr. Hudson stated that there was a Greenways study underway at the present time and that he hoped that the results of the study would allow them to put something in the Comprehensive Plan about Greenways. Hr. Aguila said that with a site like this, which was actually a sea of asphalt, there was an opportunity to give a little bit back to the earth and he thought it was in everyone's best interest to protect the planet. Motion Mr. Fenton moved to approve the request to amend the Comprehensive Plan Future Land Use Map from Local Retail Commercial to Nixed Use and to rezone from C-3 Community Commercial to Nixed Use-Low ]:ntensity. Mr, Aguila seconded the motion that .carried unanimously. B. Comprehensive Plan Text Amendment Project: Agent/Owner: Description: CPTA 02-002) City-initiated Request to amend Comprehensive Plan Objective :[.:[2 and Policies 1.12.:[ and :[.:[2.2 in the Future Land Use Element to update the review process for residential developments in the Coastal High Hazard Area; and Request to amend Comprehensive Plan Policy :[.16.:[ to add lists of uses allowed in residential land use categories; to recognize recommendations of the "Federal Highway Corridor Community Redevelopment Plan" as a basis for 695 Meeting Minutes Community Redevelopment Agency Boynton Be~ach, Florida December 10, 2002 designating certain lands as Special High Density Residential land use; and to establish the Mixed Use-Core and Conservation land use categories and corresponding lists of allowed uses. Dick Hudson, Senior Planner, presented the highlights of these text amendments. Staff recommended approval of the amendments as the minimum required to update the Comprehensive Plan with regard to changing review policies by outside agencies and recommendations of adopted City-initiated studies. Chair Finkelstein asked Mr. Hudson about page 639, at the end of the first paragraph where it spoke of "Other uses which have land use characteristics that are very similar to those uses listed under a particular land use category may also be allowed in that land use category." He wanted to know how this was defined. Attorney Payne said this was a fairly common statement in land use planning. It is just that it is not possible to think of every possibility ahead of time and this statement gives the City and the Board more flexibility. They can always say no if they wish. Mr. Aguila referred to page 636 and the reference to the Florida Building Code, and suggested stating "the currently-adopted Florida Building Code." Staff agreed. CHAIR FINKELSTEIN OPENED THE PUBLIC HEARING AND CLOSED IT WHEN NO ONE WISHED TO SPEAK. ' Motion Mr. Aguila moved to approve the Comprehensive Plan Text Amendments (CPTA 02-002). Mr. DeMarco seconded the motion that carried unanimously. VII. Director's Report. Mr. Hutchinson welcomed Board member Al DeMarco, who was recovering from a slow-speed, serious accident with an airbag. He thanked him for making the effort to come to the meeting. A. Updates 1) Way Finding Contract 696 Meeting Minutes Community Redevelopment Agency Boynton B~_ach, Florida December 10, 2002 Hr. Hutchinson reported that he was working with the Chamber to identify signs, so work had begun and the Board would be given updates as the work proceeded. 2) Ocean District Plan Hr. Hutchinson reported that Ms. Beltran in the Planning & Zoning Division was writing the Ocean District Plan at this time and expected to finish in January. He stated that a draft would be given to the Board for their input. 3) $3M Loan Update Chair Finkelstein stated that Mr. Hutchinson was going to come back to the Board with suggestions on how to solve the issue of losing $12,500 a month by carrying this loan. Mr. Hutchinson stated that the process had begun. Part of the problem had to do with the regulation surrounding public funds. The Controller is working with Don Fenton-to get clarification of the Statutes and exactly how to invest those funds so that when they go out' to ask for proposals to come in, they have proposals that will fulfill the public purpose of secure funds. That has been a little more difficult due to the lack of agreement about Statutes and their meaning and interpretation. Good progress was being made. Mr. Fenton said that the Board had to have an Investment pOlicy and that had been lacking. Chair Finkelstein did not think that investing the money was a good idea when they were experiencing $!2.5K a month in negative cash flow. He preferred to spend the money on purchasing properties for redevelopment before it was too late or re-loan the money out, secured by real estate first liens, and then they could get the kind of money they needed to cover the interest spread. Mr. Fenton agreed, saying that they should have had a line of credit but they did not and what they had to do now was get the proper structure before they could do any further financial dealings. The Board did not even know who was on the State-approved list of vendors for the CRA. He assumed that the people that had their money right now were on that list but he was not sure. Discussion of Condemnation Proceedinqs on 3anet Hall Prol)ertv Mr. Hutchinson reported that the City was going through the condemnation process with this property. They had checked with the surveyors and the last partial survey did not give the required metes and bounds for legal staff. Legal asked that we get a current survey with the proper metes and bounds on the three separate tracts that were appraised. Under the current organization, the Director and the Chairman are authorized to proceed with purchases under $10K and this should fall considerably below that. 697 Meeting Minutes Community Redevelopment Agency Boynton Be_ac,h, Florida December 10, 2002 VIII. Old BuSiness A. Heart of Boynton Plan Initiation Request Mr. Hutchinson reported on a memorandum that was sent from Quintus Greene, Development Director, to the CRA Board members about the initiation of specific activities to begin the implementation of the Heart of Boynton Community Redevelopment Plan. The five properties identified in Mr. Greene's proposal are ones that are critical to the implementation of the Plan. Mr. Greene requested that the CRA take the following four actions: Authorize its staff to arrange for appraisals to be conducted on privately held non-residential properties fronting on both sides of Seacrest Boulevard, for a distance of approximately one block south of Martin Luther King, ]r. Blvd. (more particularly described in his memorandum) Authorize its staff to arrange to have good faith purchase offers made on behalf of the CRA to the owners of these properties, based on the aforementioned appraisals. Request that the City Commission issue a formal resolution of necessity authorizing the use of eminent domain to acquire the above-referenced properties in the event that purchase negotiations prove unsuccessful. > Authorize its staff to arrange for the demolition and clearance of all structures on the above referenced properties once they are in CRA ownership. Mr. Joe Grey of JEG Associates and Quintus Greene, Development Director at the City of Boynton Beach', were present to answer questions. There was some question regarding the purchase of a property to add on to Sara Sims Park. Chair Finkelstein had been under the impression that the properties were being purchased for redevelopment and not for purposes of a park. Mr. Grey indicated that the success of the commercial development on the east side of Seacrest was going to be contingent on the development of the civic projects to the west and that Sara Sims Park would play a huge role in terms of adding value to the commercial properties. The bottom line was that in order to move forward with the implementation of the Heart of Boynton Plan, previously endorsed by the CRA, these particular properties must be acquired. 698 Meeting Minutes Community Redevelopment Agency Boynton B~ach, Florida December 10, 2002 Mr. Fenton iinquired about the church on the east side of the intersection. Mr. Greene said that they were attempting to assemble a developable parcel and that could not be done without that church being relocated. Mr. Aguila asked when they would decide to go to Step #3 in the above-listed actions - a Resolution of Necessity authorizing the use of eminent domain. Mr. Greene assumed, and it would be up to the Board, that they would engage the Real Estate Administrator that had been engaged in the past and that it would rely on his judgment, after attempting to negotiate a reasonable settlement. Chair Finkelstein stated that the Real Estate Administrator had already advised the Board that the owners of the first two parcels were not interested in selling. Mr. Greene thought that the Real Estate Administrator had not gotten as far as actual negotiations. Also, there were no appraisals so there was no basis for establishing a value for the property. If they had to go to eminent domain, an appraisal would be essential. Mr. Fenton expressed his opposition to proceeding with eminent domain. Motion Mr. Aguila moved to proceed with steps #1 and #2 in Mr. Greene's December 5, 2002 memorandum: appraisals and offers for the properties indicated. Mr. Fenton seconded the motion that carried unanimously. ..Consideration of AdjUsting Criteria for the Fa(;ade Grant Program Mr. Hutchinson stated that staff had worked on this program that they had inherited. They made some changes to the program and sent the members the language changes for review. He sought the Board's comments on the proposed changes. He also spoke of the philosophy of the program and sought the Board's input on this as well. The first issue was in reference to what types of thresholds would make a project "needy." Staff suggested that other criteria besides financial need be considered. Mr. Fenton agreed that it was too subjective and that the objective was to improve the community, regardless of the financial status of the property owner. The overall resUlt is what counts. Chair Finkelstein commented that they had added this statement to the application; "Application to this Program is no guarantee of funding. Funding is at the sole discretion of the CRA Board." Mr. Aguila asked that the language on page 656, item #4, be changed to say "applicable Building Codes" since there really was no Boynton Beach Building Code. He also questioned the requirement on page 657 of disclosure concerning other grants the applicant may have received. The general feeling on the Board was to eliminate this item .altogether. On page 657 also, Mr. Aguila suggested 699 Meeting Minutes Community Redevelopment Agency Boynton Be_ada, Florida December 10, 2002 adding the phrase "within any given five year period" after the word "property" in item #8, line 2. The Board agreed to a three-year period instead. The next question was what kind of projects should be considered. Chair Finkelstein stated that this was something the Board would expect to find in staff's conclusions and recommendations on any given project. Mr. Aguila felt that the most important factor was that the money be spent to create visible, substantive improvements. The last question was who should be eligible to receive the grant. The Board was divided about offering the grant to non-profit organizations such as churches, women's shelters, and the United Way for example. However, Mr. Hutchinson stated that a case could be made, under extraordinary circumstances, for these applicants as well. Although the Board did not entirely agree about this issue, it was decided that Mr. Hutchinson would use his judgment and include the appropriate information in the staff conclusions and recommendations for the Board's review. It was Celt that it would be best to leave this a bit open for purposes of flexibility -- the Board could always say no. Motion Hr. Aguila moved to accept the Fa~;ade Grant Program DeNarco seconded the motion that carried unanimously. as amended. Mr. Consideration of Fa~;ade Grant request from Narc Fender for High Ridge Properties LLC Motion Mr. Aguila moved to remove this item from the table. Mr. Fenton seconded the motion that carried unanimously. Mr. Hutchinson stated that this application had been held up pending the resolution of the changes made in the previous agenda item. ]:f the Board so wished, Mr. Fender wOUld qualify for a grant. Tt is a large project and a face-lilt would generate new business in the area. Motion Mr. Fenton moved to approve the Fa(;ade Grant request from Marc Fender. Mr. Aguila seconded the motion that carried unanimously. 700 Meeting Minutes Community Redevelopment Agency Boynton Be'ach, Florida December 10, 2002 D. Review of Architectural Additions to The Harbors Chair Finkelstein remarked that the Board had asked The Harbors to submit the architectural changes that the Board had requested, Michael Rumpf, Planning & Zoning Director, distributed the original Conditions of Approval and a table that summarized the conditions along with the CRA's recommendation and the developer's proposed revisions for Conditions of Approval #46, #49, #56, and #60. C.O.A. #46 Mr. Rumpf noted that this just pointed out the inconsistency identified in elevation drawings versus 'floor plans and that the developer would fix that. C.O.A. #49 The CRA had wanted the developer to incorporate second or th/rd story porches into the design of un/ts facing either the lntracoastal Waterway or lntracoastal Park. The developer's revised plans shOw that on the 4-unit building, one wrap- around porch was added to the second floor "right exterior" on the floor plan and elevation drawing. On the 5-unit building (which overlooks the Intracoastal Waterway), I wrap-around porch was added to the northeast corner of the 2nd story (to face north) -- not shown on corresponding floor plan. Planning & Zoning Recommendation: Not all porches would face park; recommend that they be placed on both corners of 4-unit buildings. The applicant will need to clarify that because what they agreed on the plans and the identifications on the elevations was right side - construed to correspond with only one elevation - the right side of the building. 'They clarified in conversation that this would mean the south side. C.O.A. #56 Building #! (6-unit Building) with a north/south orientation with the end of the buildings facing the west toward U.S. :[. The CRA asked that this building be enhanced to add the fo/lowing architectural elements: 1) faux windows, b) shutters, c) raised bandings, and d) balconies. ~One extra faux window with closed shutters was added along with one medallion on the third story. There are still no bandings and one balcony was added on the second floor as described above. The Planning & Zoning Recommendation was to add porches or faux porches, roofs over windows and porches, or fan windows. 701 Meeting Minutes Community Redevelopment Agency December 10, 2002 Boynton Begch, Florida Building #2 (4-unit Building) is up against Highway U.S. :[. The same architectural elements rnent/oned for the 6-unit building were suggested for this building. Mr. Rumpf noted that one wrap-around balcony was added on the right elevation; 1~ extra window with closed shutters was added; no bandings were added; and one medallion was added. The Planning & Zoning recommendation was the same for this building. C,O,A. #60 The CRA had requested that the color for the first floor of the buildings be lightened or softened two' shades. No color swatch was provided and there was no color schedule on the elevation sheet. 3ason Hankoff, Attorney representing Centex Homes, the applicant, introduced Bob Bentz from Land Design South, the land planner for the project, and Kevin Borkenhagen, Vice President of Centex Homes. They were here to address these issues and answer questions. Kevin Borkenhagen, Centex Homes, stated that they agreed with C.O.A. #46 but the bump out was the entire width of the building and they will incorporate that when they submit their plans. On C.O.A. #~,9, they agree with the wrap-around. Each building will have a wrap-around porch facing south towards the Park. They incorporated a wrap- around porch instead of adding a separate porch, which would take away from the wall space inside the living area. On C.O.A. #56, Building 1, they will look at adding some windows. The concern they had about adding a porch is that on the side of the unit facing U.S. l, they did not want to add a balcony or a porch because they did not see it as a usable area - no one will want to sit on their balcony watching the cars go by. They will use it on the south end overlooking the park. They will consider adding a fan window or some kind of architectural detail to cover that area. They did add a medallion and the closed window shutter areas. Building 2, the four-unit building, on the very easterly side of the project faces Federal Highway. When this originally came to the Board, the rear of the elevation was facing Federal Highway. It was recommended and required that they "flip" that building so that the unit would face the highway, which they did. They agreed to consider adding some fan windows and would heed the recommendations of staff. On C.O.A. #60, Mr. Borkenhagen pointed to the new rendering of the revised elevations, where the paint color had been reduced two shades, as requested. He will submit the color swatch to staff. Tt is a Sherwin Williams swatch. -,702 Meeting Minutes Community Redevelopment Agency Boynton Be~ach, Florida December 10, 2002 Mr. Borkenhagen advised-that the cabana bath had been added, utilizing the existing sun deck area. Mri Aguila expressed appreciation for the efforts the developer had made to accommodate the requests of the Board. Motion Mr. Aguila moved to apprOve the proposed elevation modifications submitted by the applicant pursuant to the Board's requests, the recommendations of the Planning & Zoning Division, and the discussion at this meeting. Mr. Fenton seconded the motion that carried unanimously. TX. New Business .Consideration of Fac;ade Grant for Grace Fellowship Churct, Mr. Aguila asked if this project had gone through the Site Plan approval process to change the exterior of the building. Mr. Hutchinson remarked that it had not but the applicant was aware that the grant was contingent on the approval of the site plan. Mr. Aguila stated that the rendering did not match the elevations. He supported the dramatic improvements they were recommending on the east side, the north sides, and the parking lot; however, they completely ignored the residential area on the street to the west. He could not support any money for the project unless he knew that they would do something about that. Mr. Aguila wanted to see some landscaping, some buffers between the street and the building, some type of mansard roof, some gutters etc. Chair Finkelstein wanted to see something on the west side - for instance, canopies. Mr. Fenton was not in favor of approving the grant because it was for a tax-exempt organization. Chair Finkelstein asked if the applicant were present and the applicant was not. Also, the Planning & Zoning Division staff had left the meeting. ,Motion Mr. Aguila moved to table the Fac;ade Grant for Grace Fellowship Church until the CPA's 3anuary Board meeting, at which time the applicant would attend the meeting and address the Board's concerns raised at this meeting. Mr. DeMarco seconded the motion that carried unanimously. 703 Meeting Minutes Community Redevelopment Agency December 10, 2002 Boynton Beach, Florida Hr, Hutchir~son asked his Administrative Assistant, Ms. Annette Gray, to include the statement that the applicant is required to attend the meeting in the application. B. Consideration of Pi Back ontract for the Desi n and ~h Boulevard Extension Promenade and River Walk Mr. Hutchinson stated that staff had done a lot of research into this idea in conjunction with the Board Attorney. The memorandum on the subject included in the agenda packet conveyed that staff was not comfortable at'this time with doing piggy-back contracting and that they were going to go for a Design/Build RFQ to accomplish the above work. Chair Finkelstein asked Mr. Hutchinson to add "Boulevard" alter Boynton Beach in his December 4 memorandum. Chair Finkelstein iterated his understanding that they Would be going forward with the previously approved RFQ and trying to shorten the process. Mr. Hutchinson thought that staff would be bringing this back to the Board with significant savings in time and cost. X. Other Ttems 1. 3anuary Workshop Dates Mr. Hutchinson related that he would be determine a workshop date for mid-January. calling people at their oMces to XI. Adjournment Since there was no further business before the Board, the meeting was duly adjourned at 8:30 p.m. Respectfully submitted, Susan Collins Recording Secretary (two tapes) (121102) 704 MEMO TO: Board of Directors FROM: Susan Vielhauer SUBJECT: Financials 12/31/2002 Notes: As of December 31,2002 the CRA received $6,244.24 in interest for our money market account which is a 1.55% annual percentage yield earned for the average of the past 12 months. We received our TIF check from the City of Boynton Beach which was deposited in the Money Market Account upon receipt. We also preformed a general ledger transaction to move the money received, which was exceeded the original projections from the City of Boynton Beach into the City Transfer Account. Approval of the Budget Line Item Transfer Request will move this money into reserves. All other operating expenses were routine. 705 December 31,2002 Community Redevelopment Agency of Boynton Beach 2002/2003 Year To Current 2002/2003 Amended Date Period Budget Totals December ~" ques .~. ,ning Balance ~'1F Taxes City Transfer Funds Grant Funding Interest Income Other Income Total Revenue Expenditures Personel Cost Salaries Payroll Taxes Workers Comp Health Insurance Life Insurance total Personel Cost =rofessional Services Legal City Staff Contracted Services Audit Maint. & Cleaning I.T. Support total Professional Services 3ffice Re-' qxpense Expense _,ectric Expense )ffice Total :quipment Leases Expenses 3surance Property Insurance Bond/Liability Insurance Professional Insurance ~surance Total 'ravel Expense Business Meetings Seminars Mileage & Delivery Services Car Allowance- Director otal Travel Expenses fflce Supplies icenses, Books, Publication _icenses, Fees, Permits vlemberships, Subscriptions looks & Publication 3tal Licenses, Books, Publicatio~ :lvertising & Public Notices areer Development - ' Office Expense -¢ellaneous Expense 02/03 Budget Remaining 5,780,416.00 5,780,416.00 5,780,416.00 4,840,224.19 5,661,965.58 1,675,380.00 1,675,380.00 0.00 835,628.92 839,751.08 385,000.00 385,000.00 0.00 9,974.77 375,025.23 0.00 0.00 0.00 0.00 0.00 15,000.00 15,000.00 16,379.06 6,244.24 0.00 0.00 0.00 0.00 90.00 0.00 7,855,796.00 7,855,796.00 16,379.06 851,937.93 6,876,741.89 55,000.00 155,000.00 0.00 0.00 155,000.00 11,625.00 11,625.00 0.00 0.00 11,625.00 8,130.00 8,130.00 0.00 0.00 8,130.00 21,000.00 21,000.00 2,265.03 461.54 18,273.43 540.00 540.00 0.00 0.00 540.00 96,295.00 196,295.00 2,265.03 461.54 193,568.43 21,600.00 21,600.00 5,512.50 1,531.30 14,556.20 6,000.00 6,000.00 0.00 0.00 6,000.00 100,000.00 100,000.00 42,221.00 16,621.84 41,157.16 7,500.00 7,500.00 0.00 0.00 7,500.00 2,700.00 2,700.00 288.86 150.00 2,261.14 12,000.00 12,000.00 0.00 0.00 12,000.00 149,800.00 149,800.00 48,022.36 18,303.14 83,474.50 38,880.00 38,880.00 2,360.00 1,120.00 35,400.00 9,360.00 9,360.00 1,493.58 937.51 6,928.91 2,100.00 2,100.00 387.81 128.10 1,584.09 50,340.00 50,340.00 4,241.39 2,185.61 43,913.00 3,600.00 3,600.00 89.18 343.00 3,167.82 1,250.00 1,250.00 360.00 0.00 890.00 1,000.00 1,000.00 1,847.18 0.00 -847.18 2,000.00 2,000.00 3,904.00 0.00 -1,904.00 4,250.00 4,250.00 6,111.18 0.00 -1,861.18 1,500.00 1,500.00 18.63 315.78 1,165.59 2,000.00 2,000.00 2,768.34 0.00 -768.34 1,750.00 1,750.00 130.07 40.61 1,579.32 3,600.00 3,600.00 692.30 276.92 2,630.78 8,850.00 8,850.00 3,609.34 633.31 4,607.35 1,800.00 1,800.00 793.19 806.73 200.08 % of Budget Remainin~l 50% 3% N/A 151% 0% 100% 100% 100% 87% 100% 99% 67% 100% 41% 100% 84% 100% 56% 91% 74% 75% 87% 88% 71% -85% -95% -44% 78% -38% 90% 73% 52% 11% 250.00 250.00 175.00 4.50 70.50 28% 1,500.00 1,500.00 1 ,.752.37 100.00 -352.37 -23% 250.00 250.00 130.76 0.00 119.24 48% 2,000.00 2,000.00 2,058.13 104.50 -162.63 -8% 4,000.00 4,000.00 0.00 300.00 3,700.00 93% 750.00 750.00 0.00 0.00 750.00 100% 1,250.00 1,250.00 60.34 207.14 982.52 79% 500.00 500.00 172.30 46.00 281.70 56% 706 Debt Service Principal Payment Interest Expense Total Debt Service Operating Expense PROGRAMS Office Equipment/Furniture Office Leasehold Improvements Printing Programs · Festivals/Events/Semin ars Facade Grants Economic Incentive Grants PROJECTS Relax Inn Closing & Demo Riverwalk/Promanade Projects MLK Commercial Way-Finding Signage Riverwalk ! Promanade Land TOTALS EXPENSES Note Payable TOTAL 0.00 0.00 '0.00 423,435.00 20,000.00 35,000.00 25,000.00 50,000.00 100,000.00 100,000.00 1,100,000.00 750,000.00 250,000.00 25,000.00 200,000.00 3,078,435.00 '3,000,000.00 4,777,361.00 0.00 0.00 0.00 423,435.00 20,000.00 35,000.00 25,000.00 50,000.00 100,000.00 100,000.00 1,100,000.00 750,000.00 250,000.00 25,000.00 200,000.00 3,078,435.00 3,000,000.00 4,777,361.00 0.00 0.00 0.00 67,422.44 15,875.24 1,070.70 0.00 3,841.75 0.00 0.00 868,360.74 0.00 0.00 0.00 0.00 956,570.87 0.00 -940,191.81 0.00 0.00 0.00 23,390.97 2,193.83 0.00 0.00 4,611.74 0.00 0.00 0.00 0.00 0.00 0.00 0.00 30,196.54 0.00 821,741.39 0.00 0.00 0.00 332,621.59 1,930.93 33,929.30 25,000.00 41,546.51 100,000.00 100,000.00 231,639.26 750,000.00 250,000.00 25,000.00 200,000.00 . 2,091,667.59 3,000,000.00 ,4 785,074.30 0% 0% 0% 79% 10% 97% 100% 83% 100% 100% 21% 100% 100% 100% 100% 68% 100% 707 MEMO TO: CRA Board FROM: Susan Vielhauer DATE: 12/17/2002 SUBJECT: Justification for Budget Transfer Request The following budget transfer request and justification for each line item requested is being presented to the CRA Board for approval. 1. The original beginning balance of $5,780,416.00 has increase to $5,790,391.00 which represents an increase of $9,975.00 in interest income. Due to the reversal of the CRA Board decision to pay off the Bank of America loan, principal payments totaling $130,641.00 for this budget year are being reflected in the budget.- Due to the reversal of the CRA Board decision to pay off the Bank of America loan, interest payments totaling $186,658.00 for this budget year are being reflected in the budget. 4. Due to the reversal of the CRA Board decision to pay off the Bank of America loan, the Note Pay off is now being taken out of the budget. 5. Staff is requesting a $1,500.00 increase in the category of Licenses, Fees, Permits, Memberships, Subscription, and Books & Publication bringing the budgeted total to $3,500.00. This is a direct result of an increase in the estimated number of membership and subscriptions that will benefit the CRA. This will most 708 likely be-less in the next budget because the initial office setup will have been completed. 6. The costs for the CRA conference in Jacksonville were higher than estimated. We are requesting a $1,000.00 increase in the category of Seminars. 7. Upon approval of the requested adjustments to the CRA budget, the reserves will increase to $4,457,562.00. CRA staff is requesting Board approval for the budget transfer requests to keep the approved budget in line with actual occurrences. 709 BUDGET TRANSFER REQUEST , CRA Board ,m: CRA Staff Date: December 18, 2002 ~ -------- ~ ~_~ Budget Data Only Adjustment Resulting Present Increase Adjusted ~lumber Description Budget (Decrease)__ Budget 1 Beginning Balance $ 5,780,416.00 $ 9,975.00 $ 5,790,391.00 2 Debt Cost Principal payment $ $ 130,641.00 $ 130,641.00 3 Debt Cost Interest Payment $ $ 186,658.00 $ 186,658.00 4 Note Payable $ 3,000,000.00 $ (3,000,000.001 $ '..__ ~ -----. $ 5 Licenses, fees, Permits, Memberships ~ --- -'----'- Subscriptions, Books & Publications $ 2,000.00 $ 1,500.00 $ 3,500.00 6 Seminars $ 2,000.00 $ 1,000.00 $ 3,000.00 7 Balance on Reserve $ 1,777,362.00 $ 2,680,200.00 $ 4,457,562.00 ~ $ - · $ - $ $ troller: ~, Di rector: 710 MEMO TO: Board of Directors FROM: Susan Vielhauer SUBJECT: Adding a Forth Signer to the Checking and Money Market Accounts 12/31/2002 On occasion the current signers have been inaccessible due to travel. Staff is requesting a fourth signer be placed on the CRA Checking and Money Market Accounts to sign checks and documents for the CRA. Staff is recommending that Don Fenton be placed on as the 4t~ signer. '711 MEMO TO' Board of Directors FROM: Susan Vielhauer SUBJECT: Request for Accounting Line Item Adjustment DATE: January 3, 2003 The CRA-Chairman requested that Contract Services for the Employment Contracts be move to be included in the budget line item "Salary Expense". On October 1, 2002 staff status was to be changed to employees of the CRA, but due to extenuating circumstances staff remained on the original Professional Services Contracts. The ~xpenses for staff were placed under the Professional Contracted Services in the Accounting system so required 1099 tax forms can be produced. On January 1, 2003 staff will become employees of the CRA and salaries will then be billed to the salary expense line item so at year end W-2, 941's and the Social Security reports will match to the Salary Line item. Staff is recommending leaving the original Professional Services Contract portion of staff costs in the Professional Contracted Services line item due to differences in accounting and IRS issues. 712 Public Audience. Any person who decides to appeal any decision of the Community Redevelopment Board with respect to any matter considered at this meeting will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. The CRA shall fernish appropriate auxiliary aids and services where necessary to afford an individual with a disability an equal opportunity to participate in and enjoy the benefits of a service, program, or activity conducted by the CRA. Please contact Douglas Hutchinson at 561-737-3256 at least twenty-four hours prior to the program or activity in order for the CRA to reasonably accommodate your request. VI. Public Hearing Any person who decides to appeal any-decision of the Community Redevelopment Board with respect to any matter considered at this meeting will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the -,~peal is to be based. The CRA shall fernish appropriate auxiliary aids and services where necessary to afford an individual with a disability an equal opportunity to participate in and enjoy the benefits of a service, program, or activity conducted by the CRA. Please contact Douglas Hutchinson at 561-737-3256 at least twenty-four hours prior t° the program or activity in order for the CRA to reasonably accommodate your request. DEVELOPMENT SERVICES DEPARTMENT MEMORANDUM NO. PZ 03-008 ): IRU: tOM: ~TE: BJECT: Chairman and Members Community Redevelopment Agency Board Michael W Rumpf Planning and Zoning Director PlannerMaxime Ducoste-Am6d6e,~ Janua~ 6,2003 N.E. 3'" Street Right-of-Way Abandonment (ABAN 02-004) NATURE OF REQUEST ~ City of Boynton Beach is requesting abandonment of an unimproved 40-foot wide right-of-way located on N.E. Street. This abandonment is for the following unimproved street segment: That part of N.E. 3"~ Street lying between blocks 9 and 10 of Happy Home Heights, according to the plat thereof as recorded in Plat Book 11, Page 30 of the Public Records of Palm Beach County, Flodda. ~ion map attached as Exhibit "A shows the general vicinity of the street right-of-way to be abandoned. The ,~u Exhibit "B"- "Proposed Abandonment" shows the location of the church property and includes a detailed ation of the right-of-way to be abandoned and its legal description. .~ entire right-of-way of N.E. 34 Street (between blocks 9 and 10 of Happy Home Heights) as shown on the vey will be converted to an easement for ingress, egress, drainage and utility Purposes. The City will abandon lot to the adjacent property owners. In this case, Daise Temple Church of God in Christ owns both lots on either ; following is a description of the zoning districts and land uses of the .properties that surround the subject uest. North - East - South - West Single family dwelling units, zoned R-2. Vacant lot used for church parking, zoned R-2 Single-family dwelling units, zoned R-2. Church, zoned R-2. BACKGROUND ,ecember of 1924, the Plat of Happy Homes Heights was approved inCluding a 40-foot wide right-of-way known :irst Street (currently known as NE 3~ Street) and dedicated to the perpetual use of the public, reserving unto developers or successors the right of reversion if not used as such. The street is currently unimproved. Palm ~ch County records indicate that the church acquired the adjacent property in 1983. 'ev~,-. ,s request to abandon ~d N.E. 3 Street right-of-way was submitted by Daise Temple Church of God in Chdst · 6, 2000. The properties located on the east and west sides of the street segment to be abandoned are ,~d by Daise Temple Church of God in Christ. The church had the intention of vacating the 40-foot street to sase the area of the church parcel, to eliminate a walking hazard for parishioners, and to facilitate future church odeling. 715 Page 2 Memorandum No. PZ 03-008TM ABAN 02-004 - This application was denied by the City Commission for several reasons: 1) A redevelopment study (The Heart of Boynton ) was being conducted; 2) Installation of fiber optic communication cables was scheduled; 3) The existence of a 6-inch water main along the right-of-way. As part of the motion of denial of this request, the City Commission had indicated that another abandonment application could be reconsidered after the completion of the redevelopment study. Since the redevelopment study has been completed, City Staff has taken the initiative to convert N.E. 34 Street right-of-way and to follow-up the Commission directive. ANALYSIS Pursuant to Chapter 22 Article III Section 4, public notice was given to the property owners that abut the right-of-way to be abandoned, all utilities companies have been notified and the request has been advertised in the newspaper. A summary of the responses from the utility companies and city staff is as follows: CITY DEPARTMENTS/DIVISIONS Engineering Public Works/Utilities Planning and Zoning PUBLIC UTILITY COMPANIES Flodda Power and Light Bell South Flodda Public Utilities Company Cable Company (Adelphia) Cable Company (Comcast) No objection Approval with conditions (see Exhibit "C") No objection Objects because of existing infrastructure in the right-of-way between N.E. 12th Avenue and N.E. 11th Avenue. Requires an easement dedication (see Conditions of Approval). No objection No objection No objection N/A RECOMMENDATION Staff recommends that this request to abandon the right-of-way be approved, subject to the comments included in Exhibit "C" - Conditions of Approval. Any conditions required by the Community Redevelopment Agency Board and the Commission will be placed in Exhibit "C"- Conditions of Approval. 716 ×c: Central File S:~Planningt.SHARED~WP~PROJECTS~Daise Temple (Church of God)'ukBAN 2002~staff report 2002-,doc Location Map DAISE TEMPLE EXHIBIT "A" BOYNTON CANAL C-16 717 LOT 1. BLOCK. 9 HAPPY' HOME I.'IF~'iTS PLAT BOOK 11. PA.(~E 30 LOT I, BLOCK 1 lVm'~_KS & ANDREWS ,PLAT BOOK 5, PAGE 84 EXHIBIT "B" PROPOSED ABANDONMENT LOT 8, BLOCK I 0 I HAPPY HOME HEIGHTS ' PLAT BOOK 1 l, PAGE 30.. 'J LOT I, BLOCK "A" MEEKS & ANDREWS PLAT BOOK 5, PAGE 84 EXHIBIT "C" Conditions of Approval Project name: Daise Temple File number: ABAN 02-004 N/A DEPARTMENTS INCLUDE REJECT PUBLIC WORKS- General Comments: None PUBLIC WORKS- Traffic Comments: None UTILITIES Comments: 1. An ingress, egress, drainage and utility easement encompassing the entire N.E. 3m) Street fight-of-way shall be dedicated to the City of Boynton Beach. This dedication shall occur prior to final recording of the abandonment. 2. No canopy trees shall be allowed to be planted within the easement. All plantings shall be reviewed and approved by the City of Boynton Beach prior to placement. 3. No building structures shall be allowed to be constructed on any portion of the easement. Comments: None POLICE Comments: None ENGINEERING DMSION Comments: None BUILDING DMSION nments: None PARKS AND RECREATION Conditions of Approval= 2 ~ DEPARTMENTS INCLUDE REJECT Comments: None FORESTER/ENVIRONMENTALIST Comments: None PLANNING AND ZONING Comments: 4. To ensure the intended usc of the abandoned right-of-way for an ingress, egress, drainage and utility casement, the plat shall be amended accordin$1y. ADDITIONAL COMMUNITY REDEVELOPMENT AGENCY BOARD CONDITIONS Comments: 1. To be detem~ined. ADDITIONAL CITY COMMISSION CONDITIONS Comments: 1. To be determined. S:\Planning\SHARED\WP\PROJECTS\Daise Temple (Church ofGod) Aban\COA 2002.doc 720 DEVELOPMENT DEPARTMENT PLANNING AND ZONING D~V[SION MEMORANDUM NO. PZ 02-306 TO: THROUGH: FROM: DATE: SUBJECT: Chairmen and Members Community Redevelopment Agency Board, and Planning and Development Board Michael W.~t~pf Director of~PI,a~ning and Zoning Dick H udst~d, ~]:CP Senior Planner December 26, 2002 CODE REVIE'W CDRV 02-004 Limited Access Self-Storage Project: PRO3ECT DESCRZP'TION Proposed amendments to the Zoning Regulations to restrict "Self-storage" uses to the M-1 ]:ndustrial zoning district Agent: City of Boynton Beach Location: C-2 Neighborhood Commercial, C-3 Community Commercial and C-4 General Commercial zoning districts city-wide BACK~ROUND ]~n 1998, Policy 1.16.1 of the Comprehensive Plan's Future Land Use Element was amended to allow "se/f serv/ce storage fac///t/es (//m/ted-access m/n/-warehouse on/y)" in the Office Commercial land use classification. According to the staff report accompanying the amendment, corresponding amendments were to have been made to the Local Retail Commercial land use classification to specifically exclude the//m/ted-access m/n/-warehouse se~f-storage fac///b'es use and to coincide with the code amendments described below. Corresponding amendments to the Land Development Regulations were adopted with Ordinance No. O98-31. These amendments were requested as part of a plan to construct a building for a Stor All storage business at Old Boynton Road and Knuth Road~ A recent interpretation of these code amendments led to the submittal of an application for a limited-access facility for a property zoned C-3, contrary to the original intent of the amendments to only allow this new type of storage use within the C-1 or M-1 zoning districts. To halt any further applications for storage uses contrary to the intent of the code, the city issued a Notice of ]:ntent (NO]:) on August 6, 2002. This NO]: facilitates the temporary (6-month) halt on new applications for storage uses while the Land Development Regulations are ~mined, apPropriate amendments proposed, and review conducted by the City Commission 721 Page 2 CDRV 02-004 Limited-Access Self, Storage (see Exhibit "A'O. From this review, legal staff has concluded that the original intent of the amendments to the Land Development Regulations created an "upside-down" zoning structure in which the most restrictive zoning district allows for a use which is not allowed in less restrictive commercial districts (see Exhibit "B'~). Prior to these amendments, the code allowed self-storage uses only in the C-4 and H-1 zoning districts. Since the C-4 zoning district exists along the N. Federal Highway Corridor, where a redevelopment plan recommends against automobile- dependant uses, staff therefore recommends that storage uses be prohibited in the C-4 district as well. NATURE OF REQUEST Staff is proposing changes to Chapter 2, Section 6, A (Office and Professional Commercial District), Section 6, B (C-2 Neighborhood Commercial District), Section 6, C (C-3 Community Commercial District), and Section 6, D (C-4 General Commercial District) to specifically prohibit both "limited access mini-warehouse", and "self service storage facility" uses. Furthermore, corresponding changes are necessary to Chapter 2.Section 11.O. SELF SERVICE STORAGE FACILe-II:ES (MINI-WAREHOUSES) to remove references to ,the C-1 Zoning District. These changes would then limit multi-access and limited-access storage faciliUes to the M-l, Industrial zoning district. ZMPACTS Staff has conducted a field survey to determine the impact of the proposed changes on existing self-service storage facilities in the city. There are currently eight existing facilities, and one recently approved but undeveloped limited access self-storage facility. Only three of these would become non-conforming with adoption of the recommended amendments. These three include: (~) Public Storage, 3000 N. Federal Highway (north of Gulfstream Blvd.) zoned both C- 3 and C-4 zoning, (2) Stor All, Ltd., 3400 Old Boynton Road zoned C-l, and (3) Victoria's Closet (approved), 3602 N. Federal Highway (south of Old Dixie Hwy.) zoned C-3. Following adoption of the proposed changes, self-service storage facilities may only be approved in the M-:L industrial zoning district. The above-described uses could continue operating as legally non- conforming uses with the only limitation being expansions or improvements as described by the Land Development Regulations, Chapter 2. Zoning, Section :LI.:L, (D) and (G). RECOMMENDATZON Staff recommends the adopUon of the proposed amendments to the land development regulations as the minimum changes necessary to prohibit the limited access mini-warehouse use in the C-:L Office/Professional Commercial, C-2 Neighborhood Commercial, C-3 Community Commercial and C-4 General Commercial zoning districts; to restrict the combination of multi- access and limited-access storage facilities to the M-:L Industrial zoning district; and to amend the supplemental regulations governing SELF SERVICE STORAGE FACILITIES (MTNI- WAREHOUSES) to remove all references to the C-! Office/prOfessional Commercial zoning district. The ultimate code amendments preferred could be processed in ordinance form in February or March of 2003. Exhibits S:\PLANNING\HUDSON\CODE REVIEWS CDRV~LIMITED ACCESS SS\STAFFREPORT2-2002.DOC 722 EXHIBIT "A" ~ -' RBSOLUTION.NO. R02- 1~" A RESOLUTION OF THE CITY. COMMISSION OF THE CITY OF. BOYNTON BEACH, FLOP. IDA, AUTFIORIZIN6 ISSUANCE OF X '~NOT~CE OF n, rr~rr' A~'rNOUNC~N6 Tt-IE 'CONDUCTING OF A CITY WIDE PLANNING STtSDY FOR BUILDING AND 'ZONING P,-EGUI~TIONS APPLICABLE TO STORAGE FAcILrrms, . SELF- STO~GE'.:FACILITIES,. MINI- WARESHOUSES AND W~FIOUSES; AND PROVIDING AN EFFECTIVE DATE. WI-IE~AS, the City Commission, pursuant to City Ordinance 000-053 to initiate proposed: changes to the Land Development Code and to direct staff to planning and development studies;, and WHEREAS, the Commission deems it timely and in the best interest of the City and its residents t° undertake review of building and zoning regulations applicable to storage facilities, seLf-Storage facilities, warehouses, and mini-warehouses withi- the jurisdictional limits of the City Of Boynton Beach to study and review the impact anii compatibility of storage facilities, seLf-stOrage facilities' warehouses, and mini-warehouses on other commercial and residential uses. The Study shall include, but is not limited to, review of size, height, appearance, setback, landscaping, and buffering criteria for suchuses; and WHE~, the Commission has authority to initiate the review process by resolution and issuance of a Notice of~te~t; and WHEREAS, the 'Notice of Intent attached to this ResoIution as Exhibit "A" represents a formal amaouncement of said planning activities, and. the period duriug which time all applications related to development activity proposed within the study area, must be abated or conform to restrictive temporary regulations; and WHEREAS, this Notice of Iutent will be ha effect from the date of adoption and thereafter for a period of 180 days following the date of adoptiou unless otherwise e~tended by the City Commission by subsequent Resolution following public hearing. $:\CA\Ordinancea\LDR Change~kNOI Re~o - self storage.doe NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The City Cornmission oft. he City of Boynton Beach, Florida does hereby does hereby issue the. Notice of Intent attached hereto as Extiibit "A". That' this Resolution shall become effective city-wide mediately upon Section 2. passage. Section 3. Ordinance 000-053. Section 4. The Notice of Intent shall posted and copies provided as required by No' apphcation for a devetopment activity within the scope of the study shall be-accepted by the City following the date of adoption of this Resolution and during 'the. study period. 'No application for a development activity within the scope of the study shall be further processed by the City, following'the date of adoption of this Resolution during the study period, unless the application was filed prior to the adoption date of this Resolution. PASSED AND ADOPTED this 6~ day of August, 2002. Mayor ATTEST: Cc,,mmC°mmissi°ner iss/~o2er ~-~'~-'~ City Clerk S:\CA\Ordinan¢~kLDR Chang¢~/NOI Rcso - self storage.doc 724 ~it ^ NOTICE OF .INTENT TO ADOPT PENDING LAND DEVELOPMENT AMENDMENT NOI:#2002-02 STATEMENT OF PUP, POSE AND SCOPE OF STUDY The ~purpose of this Notice of Intent is to declare a period t?prepare and bring forward for adoption amendments to.. the L.aud DeveIopment Regulations: it0 correct discrepancies between Goals, 'Objectives and PoLicies in the C6mprehensive Plan and the Land Development Regulations. AFFECTED AREA The Affected Area shall be specifically described as all lands z0n,ed C-2 Neighborhood Commercial and C-3 Community Commercial citywide. (see. att~hed Exhibit "A"). GENERAL DESCRIPTION OF POSSIBLE! A2vI~NDMENTS i TO LAND DEVELOPMENT REGULATIONS (I,DR) : ' ' , 1. Limit "limited access mini-warehouse" uses to the C'~ Office/Professional zoning district; 2. Clarify existing regulations to require a distance separation of two thousand five hundred (2,500):feet:betWeen a l~m~ted access mini-warehouse and. any other self- storage business; and, 3'. To restrict combinatioa multi-access and )imked-acc~s storage facilities to the C-4 GENERAL coMMERCIAL and 1~I-1 LIGHT INDUSTRIAL zoning districts. AFFECT ON' DEVELOPlV[ENT'IF REGULATION ADOPTED The intent of amendments to the Land Develbpment RegUlations is to ensure consistency with both the language and'intent of the comprehensive Plan' and specifically exclude "limited-access mini-warehouse self-storage facilities w~tbin th, e LOcal Retail Commercial land use classification -which corresponds to the C-2 .Neighborhood Commercial and C-3 Community Commercial zoning districts. EXISTING SECTIONs OF THE LAND DEVELOPMENT REGULATIONS WHICH ARE TI-IE SUBJECT OF THE STUDY AND MA~ BE AMENDED .~ LDR, Chapter 2. Zoning,. Section 6Co) C-2 Neighborhood Commercial District, LDR, Chapter 2. Zoning, Section 6(c) C-3 Community Commercial District, and LDR,. Chapter 2. Zoning, Section 11(O)iSelf Service Storage Facilities (Supplemental Regulations). 7~5 pROJECTED TIME FRAN~:FOR STUDY One Hundred and Eighty (180) days from the date Comm~zsion. of approval of this Notice by the City sTAGE OF TH~. REVIEW PROCESS THAT THE STUDY PERIOD AND PENDING REGULATION WOULD'Ap'p'ECT Effective On adoption 0f this 'Notice, no application or uses within the Affected Area deemed incomplete shall be processed and nc.new application shall be accepted or processed dur/ng the per/Od that t/tis :Notice is in effect. This NOtice of Intent shall only .apply to sa/d applications submitted to the City after the Notice of Intent .is executed. ..COLLATERAL DOCUM~Nrrs for self-service storage facilities Development Department Memorandum No. 02-157 Development DePartment Memorandum No. 98, t 56 .ADDITIONAL NOTICE 1. The Notice of Intent. shall be posted in the Development Department and in the notice case located at the main entrance to City Hall. 2. A copy.°.f the. Notice of Intent shall be mailed to the Chamber'of Commerce. 3. FollOwing issua~u~e Of this Notice of'Intent, the notice, shall be provided to all applicants Who may be Potentially affected bY the pending study and regulatory .changes. This notice shall 'be iprovided to those individuals. 'by: mall, facsimile, electronic, mail or in persOn. Comments including written objections to 'the NotiCe of Intent, 'shall be accepted by the Development Department Director from reciPients of this notice. Neither failure by the City Clerk to provide notice as set forth in this section .not the lack of awareness of any potentially affected aPPlicant shall not invaliiiate the applicability of this notice. Dated: July 30, 2002 Adopted by Resoluti,o~number,R02. /.~,~of Beach, Flor/da'the '_t~ day of~ 200~r the City Commission of the City of BoY'ton Office of the City Clerk 726 Location Map MEMORANDUM EXHIBIT "B" TO: CC: FROM: DATE: '~ike Rumpf, Director, Planning and Zoning Department Kurt Bressner, City Manager Quintus Greene, Director, Department of Development Nancy Byme, Assistant Director, Department of Development David N. Tolces, Assistant City Attorney ~7 Zoning In Progress - Self Storage Facilities December 2, 2002 On October 9, 2002 I issued a memorandum regarding zoning in progress for self storage facilities. As a result of discussions with Mike Rumpf, this is a revised memorandum in response to your request for an opinion regarding the existing Land Development Regulations applicable to zoning categories for limited-access self-storage facilities. At the August 6, 2002 City Commission meeting, the City Commission adopted Resolution No. R02-135 which authorized the issuance of a Notice of Intent with respect to the City commencing a review of building and zoning regulations related to storage facilities, self-storage facilities, mini-warehouses, and warehouses. Currently the City's Land Development Regulations provide that: "Only limited access self service storage facilities will be allowed within the C-1 zoning district." ~ Chapter 2, Section 11.O. 1.1. "Self service storage facilities", however, are also-permitted in the M-1 Industrial District pursuant to Chapter 2, Section 8, A. 1.c.(1). In 1998, the City Commission adopted an ordinance providing for the operation of self-storage uses in particular zoning districts, in conjunction with a proposed site plan for a parcel to be rezoned C-l, Office/Professional. The original intent in adopting the ordinance was to only allow the limited access self-storage uses in the C-1 and M-1 zoning districts. This original intent would have created a unique scenario as the C-2, C-3, and C-4 zoning districts are typically more permissible in the types of uses allowed. The intended result would have created an "upside- down" zoning structure in which' the most restrictive zoning district allows for a use which is not allowed in less restrictive eornmercial districts. As adopted, however, the ordinance permits limited-access storage facilities in the C-1 and M-1 zoning districts as well as in the C-2, C-3, and C-4 zoning districts as well. The necessity to correct the original amendment has also provided the opportunity to reconsider its appropriateness. After reviewing the materials related to the adoption of this Land Development Regulation amendment, staff and our office agree that a revision to' 'the CO'de is necessary to either provide for the inclusion of these uses in all commercial zoning districts, or prohibit the use in all 728 -)mmercial zonir~g districts. If the use is prohibited in all commercial zoning districts, it is ~ecommended that the use be provided for in another zoning district, such as the M-1 Industrial zoning district. Please advise our office as to how you wish to proceed, and with your assistance, we will draft the appropriate amendments to the City's Land Development Regulations for inclusion in an ordinance to be considered by the City Commission. If you have any additional questions, or concerns, please call. DNT: dnt · \'dGCD E_FS\LIB RARYM 990\900182.BB\MEMO 2002\Rumpf (zoning in prog rev I).doc 729 DEVELOPMENT DEPARTMENT MEMORANDUM NO. PZ 02-308 ~ ~ SITE PLAN REVIEW STAFF REPORT COMMUNITY REDEVELOPMENT AGENCY AND CITY COMMISSION December 31, 2002 ESCRIPTION OF PROJECT -oject Name/No.: Dakota Lofts / MSPM 02,006 · operty Owner: Dakota Lofts Development Inc. )plicant/Agent: Dakota Lofts Development Inc. )cation: 3010 South Federal Highway ~nd Use: High Density Residential (HDR) ~ning: Planned Unit Development (PUD) pe of Use: Multi-family Residential oject size: Site Area: 2 acres No. of Units: 19 Lot Coverage: 0.6 acres / 30% Density: 9.5 du/ac .cent Uses: (see Exhibit "A"- Location Map) North - South - Developed multi-family residential (Colonial Club Condominium); Bamboo Lane right-of-way, farther south is residential and commercial property outside city limits. The commercial property fronts U.S. 1; East - Developed single-family homes; West - ,posal: U.S. 1 right-of-way, farther west is commercial property outside city limits. Dakota Lofts Development Inc. proposes to modify the building elevations and floor plans of the townhouse units. The proposed changes constitute a major site plan modification subject to the Community Redevelopment Agency and City Commission review and approval. ;Characteristics: The subject property is comprised of three (3) irregular-shaped parcels all under the same ownership totaling two (2) acres. This project was previously approved for 19 luxury townhouse units planned throughout three (3) Separate buildings on two (2) acres (see Exhibit "B" - Proposed Site Plan). The configuration and density of the proposed site plan are to remain as approved by the City Commission on January 15, 2002. Each building will either be constructed on Parcel 1 or 2. All buildings will contain three bedroom units. The number of individual units per building will range from (5) units to eight (8) units. In addition, a pool area is proposed on Parcel 2, just west of the end of the canal. The developer will leave the canal intact. A 10-foot wide road easement combined with a 10-foot wide road & public utilities easement runs north and south, dissecting Parcel 1 and 2. These easements will subsequently be abandoned and relocated via the plat of this site. Page 2 Dakota Lofts - Major Site Plan Modification Staff Report Memorandum No. PZ 02-308 Concurrency: a. Traffic- b. Drainage- Driveways: Parking Facility: Landscaping Building and Site: Community Design: The houses on Virginia Gardens Drive (to the north of the subject property) currently ingress and egress directly onto U.S. 1. As proposed, the entrance and exit onto U.S. 1 for the Virginia Gardens Drive houses will be closed and vehicular traffic will cease once the buildings are built on the subject property. The residents on Virginia Gardens Drive will share the common access drive for the subject property. This access drive will be the only means of ingress / egress for the residents on Virginia Gardens Drive. A traffic statement for this project was submitted and sent to the Palm Beach County Traffic Division for their review and approval. The Palm Beach County Traffic Division has determined that the project meets the Traffic Performance Standards of Palm Beach County. Conceptual drainage information was provided for the City's review. The City's concurrency ordinance requires drainage certification at time of site plan approval. The Engineering Division is recommending that the review of specific drainage solutions be deferred until time of permit review, when more complete engineering documents are required. No major change. No major change. No major change. Building and site regulations will be fully met when staff comments are incorporated into the permit drawings. There are four (4) types of units proposed throughout the three buildings (types: A-l, A-2, B-l, B-2). The "A" type unit will be 3,854 square feet in area. The "B" type unit will be 2,775 square feet in area. Each unit will have their respective garage on the ground floor. The living room / family reom will be on the second floor and the bedroom will be on the third floor. The proposed buildings will be three (3) stories high. The proposed development has selected Benjamin Moore 2152-70 Mayonnaise as the color for the fascia, trim, columns, and banding. The walls and garage doors will be painted Benjamin Moore 2152-60 Mannequin Cream. The roof tile will be constructed of Monier Espana - Mission Sunset "S" tiles. The window frames and sliding glass doorframes will be made of white anodized aluminum. The applicant has agreed to install "frosted" glass windows on the east elevations of the five (5) and six (6) unit buildings in order to maintain the privacy of the adjacent single family homes (see Exhibit "D" - Letter from James Gilgenbach)-. All buildings will have the same number of "breaks" in the roofline. The applicant feels that this will create more uniformity between all there (3) buildings. The second and third stories of all buildings will have balconies. There Will be no provision for solid roof or screened enclosures. The balconies on the second floor were originally recessed inside the building. However, the modified elevations show that the rear balconies will now extend (cantilever) out four (4) feet. The applicant feels that extending the balconies would add more dimension and detail to the design. Also, the extension of the second floor balconies causes the first floor patio area to become "covered". No balconies or patio areas extend beyond the fee-simple boundaries. The overall building length (inside the fee-simple boundary) has been shortened from 58 feet- eight (8) inches to 54 feet. This extra four (4) feet will now be used to setback the age 3 akota Lofts - Major Site Plan Modification Staff Report ernorandurn No. PZ 02-308 building farther away from the front of the fee-simple boundary line. This will help facilitate egress and maneuverability for vehicles when exiting the garage. The site plan shows that the size of each fee-simple boundary remained the same. However, the fee-simple boundaries are relocated further away from the parcel's perimeter. According to the elevations, the shapes of the windows have been changed slightly since last approved by the City Commission. Decorative Mullion lines in the windows were added to the side and rear elevations of the five (5) and six (6) unit buildings. Originally, the end- units were larger than the interior units. The proposed floor plans show that both interior and exterior units are approximately the same size. This characteristic actually increases the overall size (under air) of all the units combined. Aisc, the stairwells and front door locations have been modified due to the proposed changes made to the interior of each unit. The bedroom locations appear to have been changed. gnage: No project signs are proposed at this time. -'COMMENDATION: recommends that this major site plan modification request be approved, subject to the comments included in hibit "C" - Conditions of Approval. The Technical Review Committee (TRC) recommends that the deficiencies ;ntified in this exhibit be corrected on the set of plans submitted for building permit. Central File .,ts and Settings\johnsone~V[y Documents~Site Plans~IViajor~Sl~ff Report~Dakota Lo~s2.doc 732 Location Map DAKOTA LOFTS EXHIBIT "A" R3 ',% / / NIC ICWW / 733 734 EXHIBIT "B'" EXHIBIT "B" EXHIBIT "B~'' ,! .¢ . I:~/,,iI e I: C; I I ,G I:.l,:,l RI £ il EXHIBI'T "B" EXHIBIT "E~" · .'), I; -:_ ~ ~ :~~_--.- .-:~, . ,,:, . ~1 ,.z= e~:---- / , - ~/~._~ ..... // J< EXHIBIT "B" ,) C Z c: Z .: 7, q ...... ' ..... -~XHIBIT "B"' r..~ .-- _ .t.. .- ~ , : -.~ f>0 c fb~ -~ '-~' :,:i ,-ii-- ,' ~ i"' ~: '--~ :,l:ill ' i !i.,.i I ~. g .'. ~ ., '_I[!II '-~ - __,,~,i!,:--~' _.~= ...... . .......... = ........... --' 741 EXHIBI'J- "B" Project name: Dakota Lofts File number: MSPM 02-006 EXHIBIT "C" Conditions of Approval Reference: 2na review plans identified as a Maior Site Plan Modification with a December 17, 2002 Planning and Zoning Depa.~anent date stamp marking_ DEPARTMENTS INCLUDE REJECT PUBLIC WORKS - General Comments: NONE PUBLIC WORKS - Traffic Comments: NONE UTILITIES Comments: NONE Comments: NONE POLICE Comments: NONE ENGINEERING DIVISION Comments: NONE BUILDING DIVISION Comments: NONE PARKS AND RECREATION Comments: NONE ,. FORESTER/ENVIRONMENTALIST Comments: NONE PLANNING AND ZONING Comments: COA 01/02/03 DEPARTMENTS INCLUDE REJECT 1. Update thc site plan tabular data to accurately reflect the total number of provided parking spaces. 2. The Community Redevelopment Agency requested that the landscaping along Federal Highway (north and south comers of project) be enhanced. No landscape material and quantities have significantly changed since the City Commission approved the landscape plan. This condition has not been met and is still required. 3. The Community Redevelopment Agency requested the applicant provide an aesthetic gate or barrier at the access point at the southeast comer of the project to prevent non-emergency use of opening. This condition has not been met and is still required. 4. The Community Redevelopment Agency requested the applicant provide an enhanced project entrance, which would include landscaping, signage, and possibly a fountain. This condition has not been met and is still required. 5. The configuration of the parking lot on the landscape plan shall mater the parking lot on all other plans. 6. Provide floor plans of the five (5) and ei~rht (8) unit buildings. 7. The foundation landscaping shall be required in the front and side of each multi family dwelling unit (Chapter 7.5, Article II, Section 5.L.). If the front is unable to accommodate landscaping, enhance the landscaping proposed along the sides of the buildings. 8. On the site plan, identify the location of the 2na story balcony to ensure that the balcony limits do not extend beyond the perimeter of each fee-simple townhouse unit. 9. On the landscape plan, label the vegetation to be preserved. I0. If proposed, the landscape plan must show the location of the wall along Federal Hishwa¥. 744 . COA 01/07/03 3 DEPARTMENTS INCLUDE REJECT ADDITIONAL COM311JNITY REDEVELOPMENT AGENCY BOARD CONDITIONS Comments: I. To be deterrrfined. ADDITIONAL CITY COM2MISSION CONDITIONS Comments: 1. To be determined. MWl elj S:\Planning\Shared\Wp\Projects\DAKOTA LOFTS\MSPM 02-006\CO~.doc 745 CHIT[CT I CTUE ' & EXHIBIT "D" CZTY OF BOYNTON BEACH PLANN]:N~, ZONZN~, AND BUZLDIN6 DEPT. 100 EAST BOYNTON BEACH Bi. VD BOYNTON BEACH, FLOI~DA 33425 DAKOTA LOFT'S TOWNHOME5 30:~0 5OUTH FEDERAL FfZGHWAY ' BOYMTOM gE. ACH, FLORZDA De, sics: OEC 2 0 ~ PLANNING AND ZONING OEPT Please note that the windows on the 'Easl' sides of.the 5 Unit and 6 unit buildings of the above-r~fe~enced project ~re.specified on the working d~awings as frosted and fixed glass windows, to prevent the occupants of these .units f~om looking down on the adjacent properties. These windows will otherwise look similm' to the othee windows on the otherelevati0ns of the buildings foe this project. Zf you have any questi.'ons concerning this m~l-ter, please feel fr~e to c~ntact m~ since,ely; UffE207 Cc; Dakota Lofts' ~,'FL~A33~33 746 DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME:~ Dakota Lofts APPLICANT'S AGENT: Dakota Lofts Development, Inc. APPLICANT'S ADDRESS: 3010 South Federal Highway Boynton Beach, FL 33435 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: January 21, 2002 TYPE OF RELIEF SOUGHT: Major site plan modification to elevations and floor plans of 19 townhouse units in a Planned Unit Development (PUD). LOCATION OF PROPERTY: 3010 South Federal Highway DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. THIS MATTER came before the City CommissiOn of the City of Boynton Beach, Florida appearing on the Consent Agenda on the date above. The City Commission hereby adopts the findings and recommendation of the Community'Redevelopment Agency, which Agency found as follows: OR THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered .the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: Application for the relief Sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. The Applicant HAS HAS NOT established by substantial competent evidence a basis for the relief requested. 3, The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "C" with notation "Included". The Applicant's application for relief is hereby GRANTED subject to the conditions referenced in paragraph 3 hereof. DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other DATED: $:\Planning~HARED\WP\PROJECTS~DAKOTA LOFTS\MSPM 02-006\DO.doc City Clerk 7 VII. Director's Report: Any person who decides to appeal any decision of the Community Redevelopment Board with respect to any matter considered at this meeting will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. The CRA shah fernish appropriate auxiliary aids and services where necessary to afford an individual with a disability an equal opportunity to participate in and enjoy the benefits of a service, program, or activity conducted by the CR~. Please contact Douglas Hutchin,~on at 561-737-3256 at least twenty-four hours prior to the program or activity in order for the CRA to reasonably accommodate your request. v===. Old Business: Any person who decides to appeal any decision of the Community Redevelopment Board with respect to any matter considered at this meeting will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the 'ppeal is to be based. 749 The CRA shall femish appropriate auxiliary aids and services where necessary to afford an individual with a disability an equal oppommity to participate in and enjoy the benefits of a service, program, or activity conducted by the CRA. Please contact Douglas Hutchin.qon at 561-737-3256 at least twenty-four hours prior to the program or activity in order for the CRA to reasonably accommodate your request. MEMO To: From: Subject: Date: CRA Board Douglas Hutchinson - Director Grace Fellowship Church Facade Grant Request Januaw 6,2003 The CRA Board tabled the Grace Fellowship Church's Fa(;ade Grant Request at the December meeting. The Board requested that the applicant address West and North elevations with improvements. These two elevations are readily seen and are in need of improvements. The Board would like to have the applicant make a presentation concerning these items. 750 Memo To: From: Subject: Date: CRA Board Douglas Hutchinson Consideration of Establishing a Direct Incentive Program December 20, 2002 The CRA has an interest in supporting benchmark projects within the Boynton Beach CRA area. Many other CRAs have programs of one kind or another to recruit sought after anchor projects for their areas. As directed by the Board, the CRA staff, legal council and the City Development Department have drafted the attached program for consideration. CRA Staff has requested and received incentive programs from other CRAs in the State. This has included an extensive list from the State Association, FRA. Further, staff contacted several prominent developers for their responses. The requests were made by .both email and direct calls. The results have been compiled in a sizable notebook available in the CRA Office. What we found was that no "set" program existed for large scale projects. Most large project incentives were negotiated on a project by project basis. This left a lot to chance whicl~" was not appreciated by the development community and communities were left to debate how much the current project should receive in incentives and how it set a precedent for the next project. Therefore, many agreed that a flexible program would have benefits to both parties involved in redevelopment. The key concept of fleXibility needs to be emphasized. Another area of research was performed regarding the qualifiers and scoring elements for the program. Many had used job creation as one of the benchmarks. In each case however, the funding source had ties to other programs or economic development based incentives that required tracking jobs. 751 All prograrrr administrators that we spoke to agreed that this aspect was very very difficult to track. Some examples of job creation issues are: temporary vs. permanent jobs, part-time vs. full-time jobs, direct vs. indirect jobs, types of jobs - skilled vs. unskilled, pay levels which should exceed average county pay levels, who is hired - local vs. regional vs. state vs. other areas, what happens when someone quits and the job is unfilled, etc. All these factors have major differences in job creation impacts... Then arises the issue of administration: tracking, gathering required employee information (which may have civil rights impacts, income levels, etc.). Staff's point of view is that the CRA is not required to track job creation and therefore, we should seek to use other elements to score the projects for incentives. The proposed program rewards projects in several areas of effort; i.e., size, architecture style, type of use, area, etc. This is what the CRA would like to influence in the district. They are verified by a third party (tax office) and are scaleable, performance based formulas. If the project falls short on generating expected tax base the incentive is proportionally reduced and if the applicant's project generates greater value, it would automatically receive additional incentives. The project must perform by paying applicable taxes before receiving incentive funds; therefore administration issues are vastly reduced and are not subjective elements. An area that Staff seeks direction is the element of "need" that the project applicant is to show, if any. Although it is a noble concept to help only "needy" projects, the administration is rather cumbersome. "Needy" becomes subjective. Who sets what is "needy"? What is measured to establish "need"? What is enough or too little or too much profit, equity.required, financing leverage, acceptable source of funds, etc. Staff believes that results or community benefit based scoring elements are better; i.e., site plan, project innovation, architectural style, type of project, location within the CRA, size, economic impact to the area, etc. ?52 The program may be gradually phased out. As time goes on scores would generally come down because the projects are not the true pioneers, therefore later projects may not score as well unless they demonstrate new vision or innovation. This scoring 'is controlled by the Board so the program and future project incentives can be molded into the current CRA vision and' projects sought after. The program asks for summaries of information from the applicant which are meant to provide the Board sufficient information for evaluation and yet attempts to not require the applicant to divulge proprietary materials. Remember that all materials given to the CRA become public knowledge and many developers will not or can not divulge these aspects. Certainly, if the summaries do not "add up", additional information would be required. Another scoring aspect uses third party economic impact studies generate CRA and City wide impacts. This is important as it assess impacts on other governmental entities as well as the CRA; i.e., city, county, schools, etc. It also can look at utility revenues and franchise fees. This scoring element also uses third party analysis to evaluate projects. The program scoring is designed to recognize and reward benchmark projects. One element of the scoring system would allow the Board to score outstanding projects so that they could overcome scoring deficiencies in other element categories. Conversely, the Board must score the project with a minimum number of points or it will fail to reach the minimum score required for incentives. Incentive funding levels were set so that the CRA retains substantial TIF revenues to be used as the Board sees the public need. The direct incentive was limited in time to a maximum of ten (10) years. This is not meant to be a given, but is set strictly, as a maximum period. The maximum amount of 753 incentive is-tied to the actual property taxes paid. The program works as a reimbursement formula which requires the total property taxes to be paid and receipt given prior to forwarding annual incentives to the project. The maximum annual amount of incentive is limited to fifty (50%) percent of the paid TIF tax on the increment generated from the project. Here again, this is not a given or guarantee of any funding. The project applicant may request that the incentive be "front loaded" in the following formula: 75% first year, 75% second year, 60% third and fourth year, 50% fifth year and sixth year, 40% seventh year and eighth year, 25% ninth year and tenth year. The method of calculating "front loading" would be to project the ten year TIF based on the first year's taxable value times the project's incentive formula (based on the project's score received from CRA Board) and then the annual incentive is adjusted to follow the "front loaded" percentage schedule above. The taxable value is monitored annually prior to incentive award to assure that any movement in value will be reflected in the calculation. Preliminary responses from developers have been very positive. Staff 'believes that the'proposed program for Boynton Beach is sound economically, the qualifying criteria is reasonable and the information required of the Applicant is necessary for evaluation, but does not jeopardize proprietary materials. Legal Staff will need to construct the final program agreement upon approval by the Board. 754 City of Boynton Beach Community Redevelopment Agency Direct Incentive Program 1/14/03 The Boynton Beach CRA seeks to encourage large-scale projects, which define new markets, quality, innovation and character in the CRA area. It is recognized that many times these benchmark projects require new and untested market assumptions, which have no local comparable. This condition often requires market support to make the projects feasible in the early years. Accordingly, this program is focused on support for qualified, benchmark projects during their initial stages. As defined by the focus of this program, projects which directly compete with existing projects, or that do not open new markets may not receive maximum consideration. Projects will be scored by program criteria, which are defined in Program Guidelines. The project's score will determine how much, if any, of the eligible incentive the project may receive. Application to this Program is no guarantee of funding. Funding is at the sole discretion of the CRA Board. 755 City of Boynton Beach Community Redevelopment Agency Direct Incentive Program Page 1 of 11 PROGRAM GUIDELINES: The project must be in the City of Boynton Beach CRA Area as defined at the time of application and at the time of the approval of the application by the CRA Board. · The applicant must be the majority owner (the owner having the greatest percentage of ownership) or authorized agent of the majority owner in the project. · All property taxes, fees, city/county liens owed by the applicant must be paid and current. · The project is required to be over $2,000,000 in projected new assessed taxable value upon completion. · The project's projected total annual economic impact to the City (after completion) as projected by using RMS Economic modeling standards, shall be a minimum of 20 times the corresponding year's incentive during the incentive period. · The duration of the incentive shall be no longer than 10 years. · The incentive will generally not exceed 50% of the CRA TIF revenue generated by the project during the incentive period. · No incentive (in any one year) shall exceed 75% of the new annual TIF revenue generated directly from the project for that year. · Projects may be phased, however each phase must meet program thresholds. · Projects must score at least 50% on this application to qualify for incentives. 756 City of Boynton Beach Community Redevelopment Agency Direct Incentive Program Page 2 of 11 PROGRAM SCORING CRITERIA: · Project Size (total new assessed value) (up to 20 pta). For the purpose of application scoring, the new assessed value projection shall equal the project's projected appraised value times 90% minus current assessed value of the project site. 1. 2. 3. 4. $2,000,000 to $4,999,999 (5 pts) $5,000,000 to $9,999,999 (10 pts) $10,000,000 to $24,999,999 (15 pts) $25,000,000 + (20 pts) Type of Project (up to 20 pta) - Preferred use criteria. Evaluation of the project is based on its consistency with redevelopment plans and its appropriateness within the overall economic context. Depending on location, additional consideration will be given to the following commercial uses. 1. Mixed uses with residential component. (up to 20 pts) 2. Mixed uses with office component. (up to 20 pts) 3. Hotels/Conference Centers. (up to 10 pts) (Jose) (up to 20 pts) (Doug) 4. Multi-story professional-retail buildings (business and financial services, medical/health care services.) (up to 15 pts) (Jose) 5-10 points for medical/health as it is not as desirable? (Larry) 5. Multi-story office-retail only buildings with the following type of retail tenants: (up to 10 pts) a. Restaurant/Specialty Foods, b. Entertainment, c. Art galleries, d. Apparel, e. Gift Shops/Decorative Arts/Specialty Stores/Boutiques. 6. Retail only buildings with a minimum of four tenants (from the above list). (up to 10 pts) 757 City of Boynton Beach Community Redevelopment Agency Direct Incentive Program Page 3 of 11 · Project Location (up to 20 pta) - Must be within the CRA area 1. In CRA Area only - (10 pts). 2. In CRA Area and in the CBD District, Federal Highway, Boynton Beach Blvd. Ocean Ave., and MLK - (20 pts). (Projects in these areas are high impact and have the highest visibility.) · Economic Impact- (up to 20 pts) 1. Projected economic impact (define on what basis, jobs? - not, based on dollars generated by the project based on standard economic forecasting models - Doug) over the incentive period of 20 to 49 times the incentive - (15 pts) 2. Projected economic impact of 50 times the incentive or more - (20 pts) · Project Quality - (up to 40 pts) Point allocation based on project architecture, landscape features, public amenities, innovation, quality, overall contribution to the Community, etc. Establishing Incentive Percentage: Point scores from each of the five criteria elements will be added together and the total taken as a percentage times the eligible maximum incentive (up to 50% of the new assessed tax amount) to establish the incentive formula percentage. For example, a score of 100 pts or more equals 100% of 50% (maximum program capture of assessed TIF) is the project's incentive capture formula. A 70 pts scored equals 70% of the 50%. Note that incentives are defined as percentages of the new assessed TIF increment as it appears on the official tax rolls, therefore, any actual dollar figures prior to project completion and listing on the tax roll, are only estimates. Establishing Annual Incentive Disbursements for the Incentive Period: The incentive shall be normally disbursed in ten (10 on er required actions have been completed by applicant. Although annual percentages of the incentive may vary to respond to early project needs, they shall not exceed 75% of the 758 City of Boynton Beach Community Redevelopment Agency Direct Incentive Program Page 4 of 11 new increment tax for any single year. The cumulative incentive shall not exceed 50% of the new assessed increment's taxes for the total incentive period. The project applicant may request that the incentive be "front loaded" in the following formula: 75% first year, 75% second year, 60% third and forth years, 50% fifth and sixth year, 40% seventh and eighth years, 25% ninth and tenth years. The method of calculating "front loading" would be to project the ten year TIF based on the first year's taxable values times the project's incentive percentage formula (based on the project's score received from the CRA) and then the annual incentive is adjusted to follow the '~front loading" percentage schedule above. The taxable value is monitored annually prior to incentive award to assure that any movement in value will be reflected in the calculation. 759 City of Boynton Beach Community Redevelopment Agency Direct Incentive Program Page 5 of 11 PROGRAM ADMINISTRATION: Project applications shall be screened and reviewed by staff for completeness and scored. Staff or a selected review committee shall provide pertinent comments on the project. Staff shall secure third party credit information and background checks on Applicant(s). The review period shall not exceed forty-five (45) days from the date of the submittal of a completed application. On or before the end of the 45-day period staff shall either forward the application, their findings and recommendations to the CRA Board for consideration at the next regularly scheduled meeting or request, in writing, that the applicant provide additional information (A copy of the staff or review committee recommendation will be forwarded to the CRA Board.). Upon consideration by the CRA Board, the Board shall take one of the following actions: Approve, table, modify or reject the application. The applicant shall be notified in writing as to the Boards decision with in 5 days. If the applicaton is denied, the applicant ~tt-'~ave the right to resubmit a revised application for reconsideration. ~--~ote that any direct or indirect lobbing of the CRA Board will result in disqualification of the applicant from the program."~ Appeals Process?. Do we want a process for appeals or are we it? (Jose) the funding is from TIF funds of which we are the custodians, we are responsible for those funds and should have the final say. "Request for Incentive Funds" - If the project is approved, a "Request for Release of Approved Incentive Funds" for the initiation of incentive fund payments is required to be sent to the CRA. This is request from the applicant due no later than January 1st of the year after the project (or a phase) appears on the official property tax rolls and every year of the incentive period thereafter. If the project's property taxes are paid in full and the project fully complies with the program, the Earned Incentives will be dispersed no later than March 1st of that 76O City of Boynton Beach Community Redevelopment Agency Direct Incentive Program Page 6 of 11 same year and will be based on the prior year's collected taxes. In the "Request for Incentive Funds" the applicant shall supply evidence of program performance; (1) Tax Statement identifying the project or phase on the Tax Assessor/Collector's property Tax Roll and (2) receipt of payment in full of the levied property tax. Requesting for Incentive "Front Loading". The project applicant may request that the incentive be "front loaded" in the following formula: 75% first year, 75% second year, 60% third and fourth year, 50% fifth year and sixth year, 40% seventh year and eighth year, 25% ninth year and tenth year. The method of calculating "front loading" would be to project the ten year TIF based on the first year's taxable value times the project's incentive formula (based on the project's score received from CRA Board) and then the annual incentive is adjusted to follow the "front loaded" percentage schedule above. The taxable value is monitored annually prior to incentive award to assure that any movement in value will be reflected in the calculation. INCENTIVE PROGRAM APPLICATION: The following information shall be compiled in a loose-leaf binder, tabbed and labeled to correspond with the following section headings. This information package is the program application. The application shall be forwarded to the CRA Office with a formal letter of request containing a narrative of the project, reason for request, justification and a summarizing the highlights of each of the following sections. The letter should be signed by the applicant or authorized agent and be accompanied by 12 sets of the completed project information. Project Information: · Applicant Information 1. Applicant (Majority Owner) Name. 2. Listing of Owners by Ownership Percentage. 3. Applicant Address, Phone Number(s), Fax, Email Address. 76'1 City of Boynton Beach Community Redevelopment Agency Direct Incentive Program Page 7 of 11 4:~Contract Person's Name, Title, and Contact Information. 5~. ?Attach a Brief Resume on the Applicant and Contact Person. (Exhibit "A") Project Information 1. Project Description (One Page Narrative) · Project Location, · Size - area and appraised value, · Zoning, · Uses (commercial, residential, mixed use, etc.), · Square Footages of Uses, · Amenities, · Features - construction finishes & materials, colors, etc. 2. Plans (if not previously CRA approved) - site, floor, elevations, landscape, colored renderings, etc. (Exhibit "B") 3. Project Status (for example, has the project been submitted for Initial Site Review, Site Plan Approved, Permitted, etc.) 4. Project Timetable with Projected Dates. 5. Feasibility Study Summary - (A copy of the study's summary conclusions dated within the last 6 months prior to the date the application is filed with the CRA office.) The study must be completed by an experienced third party firm. The Study shall be based on appraisal, market conditions, comparable projects, financing and all factors affecting the development of a stand-alone project, without the inclusion of incentives. 6. MAI Appraisal Summary - (A copy of the appraisal's summary conclusions dated within the last 6 months prior to the date the application is filed with the CRA office.) MAI Appraisal of the current land and any improvements as is and the project's projected value upon completion. 7. Economic Impact Study - (A copy of the study's summary conclusions dated within the last 6 months prior to the date the application is filed with the CRA office.) The study must be completed by an experienced third party firm. The analysis shall forecast CRA and City economic impacts, specifically including CRA TIF revenue forecasting using RMS standardized economic models. 762 City of Boynton Beach Community Redevelopment Agency Direct Incentive Program Page 8 of 11 Property value and inflation increases shall be no greater than 3% annually. Job creation? - No, I was told that tracking it was very difficult and the chair stated that we were not driven by job creation. - Doug The request for incentives and application, if and when approved by the CRA Board, becomes an integral component of the Incentive Agreement, including but not limited to other requested information from the CRA, therefore great care should be taken to seek the most accurate projections possible for the project. The approved Incentive Agreement may be assigned with the formal, prior written approval from the CRA Board of Directions. 763 City of Boynton Beach Community Redevelopment Agency Direct Incentive Program Page 9 of 11 Notes · on this section (these will be removed from the final document): Pure residential and apartment projects will have a hard time qualifying for incentives. Do we want to have the ability to grant incentives in non-linear formulas? This current draft has that ability. How? - The formulas would spread the incentive based on the first year's evaluation and be adjust annually if the assessed value goes down. - Doug Note that every qualified project receiving 50% or higher score will receive some /eve/of funds. Do we want to raise the score percentage? Larry- No to receiving some sort of funds as a guarantee. "Project Quality" is subjective point scoring (40 pts) that could over come up to 2Opts in project scoring short falls. Notes: · Are items #5 and #6 both needed? It has been pointed out that some projects may have one or the other.., both items take substantial time to acquire and one or the other may be required by lenders, but not both. Not true-larry · A CRA Area Map will be attached to this package. I,arry's Notes: Construction Proforma- outlining the sources and uses of t~unds, construction costs for complete project - enclose bids from contractors with experience in like prtsjects. Why? The feasibility study deals with the proforma.., this is proprietary information of the applicant which becomes public record when supplied to the CRA. The question is does the project bring benefit to the CRA above its requested incentive and is it a project worthy of the program. The CRA should not be telling projects what their costs should be or what profits they are entitled to... opens the CRA up to potential lawsuits. - Doug Balance Sheet - show l~quity and Debt sources along with any commitment letters from lending institutions. (TIF funds are only a supplement, not a single source lbr project financing, used to get over initial hurdles. "pioneer" projects in unproven area. etc.) Why? Project incentives are only paid after performance (construction of the project) and the payment of appropriate taxes. Should the CRA care how they got the project built or leveraged? Who sets the standard? We reward the end result, not how they got there. Here again the program only applies to projects that get built and pay taxes. - Doug l~roject Prot'orma- outline the income and expense ot' the finished prc(iect il' income 764 City of Boynton Beach Community Redevelopment Agency Direct Incentive Program Page 10 of 11 producing or based on sell out of project il' lee simple/condo. Why7 The feasibility study deals with the proforma.., this is proprietary information of the applicant which becomes public record when supplied to the CRA. The question is does the project bring benefit to the CRA above its requested incentive and is it a project worthy of the program. The CRA should not be telling projects what their costs should be or what profits they are entitled to... opens the CRA up to potential lawsuits. - Doug ,lob Creation - Direct and Indirect A Direct Job is lhlltime-permanent employment by the developer in the project. An Indirect Job is a fulltime or part-time job created as a direct result ol'the project, but the employee is employed by another besides the Developer: i.e.. construction, new stores, new businesses, etc. Local. not construction (finite) as construction company usually comes to area for job and then leaves. Interested in permanent job creation. Example: store and restaurant emplo>ees, apartment management and leasing. Staff had a job matrix to evaluate jobs which clearly dealt with types of jobs.., it was removed due to several reasons: first, staff was told that the CRA was not driven by job creation and second is that it is a nightmare to monitor and verify... Doug Project performance bonding - Why? We pay only on finished projects. - Doug Verifiable equity - Why? We pay only on finished projects. - Doug 765 City of Boynton Beach Community Redevelopment Agency Direct Incentive Program Page 11 of 11 zx. New Business: Any person who decides to appeal any 'decision of the Community Redevelopment Board with respect to any matter considered at this meeting will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the .ppeal is to be based. 766 The CRA shall fernish appropriate auxiliary aids and services where necessary to afford an individual with a disability an equal opportunity to participate in and enjoy the benefits of a service, program, or activity conducted by the CRA. Please contact Douglas Hutchln~on at 561-737-3256 at least twenty-four hours prior to the program or activity in order for the CRA to reasonably accommodate your request. Memo To: CRA Board From: Subject: Date: Douglas Hutchinson Proposed RFQ for Design Build January 8, 2003 Please find attached for your review a proposed RFQ for Design Build on the Boynton Beach BIvd, Promenade, and River Walk, etc. An advertisement will be placed in the January 19th issue of the Palm Beach Post notifying interested parties of the deadline for submittals on Monday, February 3rd by 4:00 Pm. This allows for a turn around time of 15 days and gives staff one day (afternoon of the 3rd and the morning of the 4th) to review and make a recommendation in the form of a Memo for the February Board meeting. If it is decided to allot more time for response or review, we would have to move it to be considered in March. Please note that the Marina Project will be slightly delayed (the Related Group is anticipating a ground breaking January 2004) and the condemnation of the Janet Hall Property is in process, as a result, it may be better not to try to have the selection made as early as February. Staff is seeking Board direction to proceed. 767 City of Boynton Beach Commu.~ty Redevelopment Agency (CRA) Streetscape and Redevelopment Improvements CRA Project No. BBB2003-1 Design-Build Procurement Request for Qualifications ISSUING ENTITY: CRA OF BOYNTON BEACH CONTACT PERSON: DOUGLAS HUTCHINSON TELEPHONE NO. (561) 737-3256 FAX NO. (561) 737-3258 JANUARY 14, 2002 ADDRESS FOR PROPOSAL SUBMITTAL: CITY OF BOYNTON BEACH CRA ATTN: MR. DOUGLAS HUTCHINSON DIRECTOR 639 E. OCEAN AVENUE, SUITE 107 BOYNTON BEACH, FLORIDA 33435 QUALIFICATIONS SUBMISSION DATE: Monday, February 3, 2003, by 4:00 p.m. (Eastern Standard Time) IE RESPONSIBILITY FOR SUBMITTING A RESPONSE TO THIS RFQ TO T~ CITY OF )YNTON BEACH CRA ON OR BEFORE Tl~E STATED DATE AND TIME WILL BE SOLELY AND RICTLY THE RESPONSIBILITY OF ~ RESPONDENT. TI~E CITY OF BOYNTON BEACH CRA ILL IN NO WAY BE RESPONSIBLE FOR DELAYS CAUSED BY TI~E UNITED STATES MAIL OR ~ OTm~R DELIVERY SERVICE, OR CAUSED BY ANY OTFrER OCCURRENCE. 768 ~uest for Qualifications ,uary 14, 2002 Streetscape and Redevelopment Improvements Design-Build Procurement City of Boynton Beach Community Redevelopment Agency (CRA). Streetscape and Redevelopment Improvements CRA Project No. BBB2003-1 Design-Build Procurement Request for Statement of Qualifications - PhaSe I TABLE OF CONTENTS 1.0 GENERAL PROJECT DESCRIPTION ............................................................................................................................. 3 2.0 BACKGROUND ................................................................................................................................................................ 3 3.0 PROJECT SPECIFIC INFORMATION ............................................................................................................................ 3 3.1 3.2 3.3 3.4 3.5 General Requirements .......................................................................................................................................... 3 Selected Site ......................................................................................................................................................... 4 Environmental Review and Permitting ................................................................................................................ 4 Project Financing, Ownership and Operation ...................................................................................................... 5 Overall Risk Posture ............................................................................................................................................ 5 4.0 THE PROCLrREMENT PROCESS ................................................................................................................................... 5 4.1 4.2 4.3 4.4 4.5 4.6 4.7 Procurement Objectives ....................................................................................................................................... 5 CRA Rights Regarding ProcUrement ................................................................................................................... 5 RFQ and Qualifications Submittal ....................................................................................................................... 5 Oral Instructions and Commun/cations ................................................................................................................ 6 Preliminary Procurement Schedule ...................................................................................................................... 6 Expenses of the Proposer Teams., ....................................................................................................................... 7 Information Disclosure to Third Parties ............................................................................................................... 7 5.0 SUBMITTAL OF QUALIFICATIONS ............................................................................................................................. 7 5.1 5.2 5.2.1 5.2.2 5.2.3 5.2.4 5.2.5 5.2.6 5.2.7 5.2.8 General Instructions ............................................................................................................................................. 7 Information Requirements .of Qualifications Submittal ....................................................................................... 7 Cover Letter ............................................................................................................................................. 8 Table of Contents ........................................................... ; ........................................................................ 8 Proposer Team Composition and Background ............... : ........................................................................ 8 Technical Qualifications .......................................................................................................................... 9 Project Experience/References .............................................................................................................. 10 Financial Information ............................................................................................................................ 10 Project Guarantor .................................................................................................................................. 11 Payment and Performance Bond Requirements .................................................................................... 11 Request for Qualifications January 14, 2002 Streetscape and Redevelopment Improvements Design-Build Procurement '7~q City of Boynton Beach Community Redevelopment Agency (CRA) Streetscape and Redevelopment Im.nrovement_._~ CRA Project No. BBB2003-1 Design-Build Procurement .0 EVALUATION CRITERIA AND RANKING OF SUBMISSIONS .............................................................................. 12 6.1 Qualifications ..................................................................................................................................................... 12 6.2 Streetscap¢ Qualifications .................................................................................................................................. 12 6.3 References .............................. ~ ............................................................. 12 6.4 Project Team Qualifications ................ ' .............................. 12 6.5 Change Order History ....................................................................................................... 13 ist of Attachments/Figures Attachment A- Insurance Requirements luest for Qualifications uary 14, 2002 770 Streetscape and Redevelopment Improvements Design-Build Procurement City of Boynton Beach Community Redevelopment Agency (CRA) Streetscape and Redevelopment Improvements, CRA Project No. BBB2003-1 Design-Build Procurement Request for Qualifications 1.0 2.0 3.0 GENERAL PROJECT DESCRIPTION The intent of the Boynton Beach CRA is to obtain a Design-Build (DB) team that will assist the CRA in implementing projects within the boundaries of the CRA as funding becomes available. The selected Design-Build team may, at the discretion of the CRA, be asked to assist with the planning, design, permitting, and construction of miscellaneous projects to expedite their implementation. Currently, the CRA has a project that is in need of implementing. This project is outlined below. The antaal ro ect has been ldentffied as twos ecific elements ~ / I ~'~ f~ · ' ' p ,j ' ' p . ~nese el~nents are the extens/on of Boynton Beach Boulevard from US 1 to the Intracoastal Waterwa an th ...... - y d e constmctigti of a Boardwalk along the Intracoastal yn ' ted~t0-foot. Numerous schematic designs have been waterway ~rom t~o ton Beach Boulevard north for an estmaa completed for these improvements. It is the intent of the CRA to utilize these schematic designs as the understanding of the desired "look" of the finished improvements. Additionally, there has been a new development approved adjacent to the proposed Boynton Beach Boulevard Extension. The access of this project along with the design elements of this development will be considered when preparing the plans for the CRA. BACKGROUND The City of Boynton Beach CRA has been planning numerous projects for several years and is now in the position to begin implementing several of these projects. The CRA is at different stages of project development on several different projects. In order to facilitate implementation of these projects, the CRA has decided to utilize the Design- Build approach. The CRA intends on utilizing the Design-Build team on several different projects and maintains the right to utilize all elements of the Design-Build team as best benefits the CRA. There may be projects that need planning, design, permitting, or construction. The CRA will utilize this team at whatever stage each project is at to assist in expediting the implementation of the project. Additionally, the CRA may utilize this Design-Build team to assist the CRA in reviewing other development opporttm/ties within the Boynton Beach CRA. PROJECT SPECIFIC INFORMATION 3.1 General Requirements We have outlined below some of the proposed improvements that will be included in the first project that will be implemented by the Design-Build team for the CRA. This project includes the Boynton Beach Boulevard Extension and the addition of a Boardwalk along the Intracoastal Waterway. 771 Request for Qualifications January 14, 2002 Streetscape and Redevelopment Improvements Design-Build Procurement City of Boynton Beach Community Redevelopment Agency (CRA) Streetscape and Redevelopment lmprovementn CRA Project No. BBB2003-1 Design-Build Procurement Roadway 1. The extension of Boynton Beach Boulevard will extend due east from US-1 to the hatracoastal Waterway and will be designed to support emergency vehicles and possibly shuttle vehicles as well. East of the vehicular access to the new development the extension will become a pedestrian promenade. 2. The improvements to Boynton Beach Boulevard will include the intersection of US-1 and will extend a maximum of 200-feet to the north and south. 3. There will be signal modifications required at the intersection of US-1 only. Drainage 1.The anticipated improvements will address water quality for the road rights-of-way whereas water quantity will be based upon the dedicated road right-of-way and adjacent properties. 2. Based on existing elevations, initial recommended design solutions will be determined following the completion of the hydraulic analysis ...... Utilities 1. 2. 3. Lighting Place fire hydrants as necessary to maintain spacing as required by the CRA. There are no proposed improvements to the sanitary sewer system. Provide coordination to have the existing minor overhead utilities replaced underground. 1. Pedestrian Poles will be the recommended lighting system for the entire project. 2. The recommended lighting system design should reflect the current light poles placed within the CRA. Landscaping 1. Landscape themes will be consistent as to unify the entire project area and allow for some flexibility within the overall concepts. 2. Landscape improvements assume the installation of major street trees within the project area along with a significant entry feature into the project area. Boardwalk 1. The boardwalk will incorporate an entry feature as it connects into the extension of Boynton Beach Boulevard. 2. The boardwalk shall incorporate a theme as previously identified by the CRA. 3. The boardwalk will incorporate open-air pavilion(s) as previously identified by the CRA. 4. The boardwalk will meander along the limits of the existing mangroves, within the limits of the CRA privately owned submerged land, and tie into the existing, boardwalk~uorth of the proposed extension of Boynton Beach Boulevard. 5. The boardwalk will be lightedfor pedestrian use and provide area fo; enterta~m~ent with w~te~r, sewer, communication and electrical utilities. Additionally, empty conduits will be included in the design for future use by the Owner. 3.2 Selected Site Projects can be throughout the City of Boynton Beach CRA. 3.3 Environmental Review and Permitting The CRA anticipates that environmental review and permitting responsibihties will be shared between the CRA and the Proposer team. The selected Proposer team's responsibilities for environmental review and permitting will be further defined on a project by project basis. iuest for Qualifications uary 14, 2002 Streetscape and Redevelopment Improvements Design-Build Procurement City of Boynton Beach Community Redevelopment Agency (CRA) Streetscape and Redevelopment Improvements CRA Project No. BBB2003-1 Design-Build Procurement 3.4 Project Financing~ Ownership and Operation The Project will be financed, owned and operated by the CKA. Grants and other types of financing may be utilized by the CRA depending on the specific project. 3.5 Overall Risk Posture The selected Proposer team will enter into a Design-Build Construction Agreement with the CRA for the design and construction of projects within the CRA. As the CRA proceeds through the RFQ procurement process, it will define and revise, as necessary, the overall process. 4.0 TtIE PROCUREMENT PROCESS 4.1 Procurement Objectives The CRA is developing the Project using the DB approach, with the intention of benefiting from the Proposer teams' industry knowledge and experience in mi~mlzing costs and maximizing performance. The design and construction objectives of this project are: 1. Optimization of the Project schedule 2. Minimization of design and construction costs 3. Optimization of operating and maintenance costs 4. Sound design and quahty construction for long-term operational reliability 4.2 CRA Kights Kegarding Procurement The CRA is not bound to accept any Statement of Qualifications (SOQ's) if the Proposer teams do not meet CRA requirements and standards. Further, the CRA reserves the right, at its sole discretion, to: · Accept or reject any and all submittals, in whole or in part · Discuss different or additional terms to those included in this RFQ or received in any response Amend or modify any terms of this RFQ · Invalidate this RFQ and issue a second RFQ · Kequest clarification of the information submitted as part of the SOQ · Extended the date for receipt of RFQ 4.3 RFQ and Qualifications Submittal This RFQ is the only step in the procurement process for the selection of a Proposer team to design and construct Streetscape and l~edevelopment Improvements within the CRA. There will be no pre-submittal meeting for this KFQ. The SOQ must be submitted no later than 4:00 p.m.. (Eastern Standard Time) on Friday, Sanuary 10, 2003 to: City of Boynton B each CRA Attn: Mr. Douglas Hutchiu.~on, Director 639 E. Ocean Avenue, Suite 107 Boynton Beach, Florida 33435 773 Request for Qualifications January 14, 2002 Streetscape and Redevelopment Improvements Design-Build Procurement City of Boynton Beach Community Redevelopment Agency (CRA) Streetscape and Redevelopment Improvements CRA Project No. BBB2003-1 Design-Build Procurement In order to be eligible to receive and respond to the RFP, an SOt must be received in response to this RFQ. The Selection Committee can include CRA staff, board, and advisors. Based on the evaluation of the SOt, CRA will select the Design-Build team and invite them to negotiate a contract. Proposer teams must respond in accordance with Section 5 of this RFQ. Responses will be evaluated using the criteria set forth in Section 6 of this RFQ. During the evaluation of SOQ, the CRA may seek additional clarffication and information from Proposer teams. 4.4 Oral Instructions and Communications The CRA is committed to a fair, open process for interested parties to receive information about procurement of the Project and the competitive solicitation process, which the CRA is proposing to utilize for selection of a Proposer team and award of a DB contract. After distribution of this RFQ, all questions concerning this procurement process shall be directed to: City of Boynton Beach CRA Attn: Mr. Douglas Hutchin.qon, Director 639 E. Ocean Avenue, Suite 107 Boynton Beach, Florida 33435 (561) 737-3256 [phone] (561) 737-3258 [fax] No negotiations, decisions or actions shall be initiated or executed by a Proposer as a result of any oral discussions with the CRA. Only those communications which are in writing from the CRA shall be considered as a duly authorized expression on behalf of the CRA. The CRA will forward to all Proposers in receipt of the Request for Qualifications, written responses of the CRA to a Proposers' question. Also, only written comrmmications from Proposers, which are signed by persons who are authorized to contractually bind the Proposers, will be recognized by the CRA as duly authorized expressions on behalf of the Proposers. All communications to the CRA D/rector must be submitted in writing and are subject to distribution to all Proposer teams. Communications sent via electronic mail will be printed and made available to all Proposer teams. No questions shall be directed to any other parties involved in this procurement process, which include representatives of CR~4 management, City management, CR,4 's financial and legal advisors, CP,.4 ' s Board of Directors and CR.4 's design and procurement consultants. Violation of this protocol is grounds for mediate and permanent disqualification of the Proposer team from the procurement process. The only exceptions to this requirement are: (1) written requests regarding information or clarification made to Mr. Douglas Hutchinson, CRA Director, or (2) any communications at a pre-proposal conference or a publicly'noticed meeting of the CRA. 4.5 Preliminary_ Procurement Schedule After submission of the Proposer's RFQ Package, the selection committee shall review each submitted RFQ package and rank the proposers based on the evaluation criteria noted within this RFQ. There will be no additional requirements. Based on the RFQ Package evaluation, the CRA will enter into negotiations with the highest-ranked Proposer team. ;uest for Qualifications ~uary 14, 2002 6 77~ Streetscape and Redevelopment Improvements Design-Build Procurement City of Boynton Beach Community Redevelopment Agency (CRA) Streetscape and Redevelopment Improvements CRA Project No. BBB2003-1 Design-Build Procurement 4.6 Expenses of the Proposer Team.~ The CRA accepts no liability for the costs and expenses incurred by the Proposer teams in responding to this RFQ, responses to clarification requests and resubmittals, and subsequent negotiations. Each Proposer team that enters into the procurement process shall prepare the required materials and submittals at its own expense and with the express understanding that Proposer teams cannot make any claims whatsoever for reimbursement from the CRA for the costs and expenses associated with the process. 4.7 Information Disclosure to Third Parties All SOQ and subsequent information received in response to the procurement documents will become the property of the CRA and will not be returned. Notwithstanding the foregoing, Proposer teams recognize and agree that the CRA will not be responsible or liable in any way for any losses that the Proposer team may suffer from the disclosure of information or materials to third parties. Subject to Public Records Law, Proposer teams may request that certain sensitive information is treated with discretion and that it be retumed after completion of the evaluation process. 5.0 SUBMITTAL OF QUALII*ICATIONS 5.1 General Instructions One (1) unbound and fourteen (14) bound copies of the Proposer team's SOQ must be received at the address below on or before 4p.m. Eastern Standard Time, February 3rd, 2003. Facsimile copies, or electronic file copies of the SOQ will not be considered under any circum.qtances. SOQ must be addressed and submitted to: City of Boynton Beach CRA Attn: Mr. Douglas Hutchin.qon, Director 639 E. Ocean Avenue, Suite 107 Boynton Beach, Florida 33435 The following should be written on the outside of the sealed envelope or box: "Statement of Qualifications for Design- Build Contractor for CRA Streetscape and Redevelopment Improvements, CRA Project No. BBB2003-1 The SOQ's will be opened publicly. The CRA will notify firms upon ranking. Proposer teamn are urged to be complete, but concise, in their responses. Sales brochures are not desired unless directly related to the response and referenced in the text. No interpretation or clarification of the meaning of any part of the RFQ will be made orally by the CRA to any potential Proposer team. Requests for interpretation or clarification by any Proposer team prior to the time and date of submittal must be made in writing to Mr. Douglas Hutchinson, as described earlier in this document, no later than 10 business days before the submittal is due. Responses to requests for information will be provided to all recipients of the RFQ. Any and all such interpretations and supplemental instructions will be made in the form of written addenda that will be sent to all recipients of the RFQ, and will become part of the RFQ. Proposer teams shall acknowledge receipt of all addenda by completing a form that will be provided if an addenda is issued. 5.2 Information Requirements of Qualifications Submittal The SOQ must be separated into eight sections as follows: 775 Request for Qualifications January 14, 2002 Streetscape and Redevelopment Improvements Design-Build Procurement City of Boynton Beach Community Redevelopment Agency (CRA) Streetscape and Redevelopment lmprovement~ C.RA Project No. BBB2003-1 Design-Build Procurement 1. Cover Letter 2. Table of Contents 3. Proposer Team Composition and Background 4. Technical Qualifications (Specifically Related to Streetscape Projects & Marine Boardwalks) 5. Quality Control Procedures 6. Project Experience / References 7. Financial, Project Guarantor, and Performance Bond Information 8. Resumes 9. Technical Experience in Preparing Cost Analysis and Budgeting 10. Outline of Change Order Requests from Past 5 Projects 11. Standard Forms 254 and 255 12. Copies of Required Licenses The format of the SOQ must be as outlined above. Narrative pages are to be 8-1/2 inches by 11 inches, and shah be bound into the volume. A clear and concise presentation of information is encouraged with an approximate page guideline not to exceed 25 pages, not including resumes of key staff, brochures (only if directly applicable to response), and financial information. The CRA will appreciate brevity and clarity. Non-written audiovisual materials will not be accepted. Below is additional information about the submission requirements to this RFQ. 5.2.1 Cover Letter The SOQ must include a cover letter containing the name, rifle, address, telephone number, fax number, and e-mail address of the Proposer team and the principal contact person. The cover letter shall also include a complete listing of all compan/es that form the Proposer team. 5.2.2 Table of Contentq A table of contents shall be included in the SOQ, itemizing the contents of the Proposer team's submission. 5.2.3 Proposer Team Composition and Back~ound The SOQ shah indicate the name and t?pe of finn or organization (corporation, partnership, joint venture, etc.) that will serve as the contracting party, and provide the name of the single-entity responsibihty for the Project. A Project organization chart is required, with the individuals assigned to key project positions identified by name. Additionally, the SOQ 'shah identify the parties that will undertake the roles for permitting, design, and construction. The history, ownership, organization, and background of the Proposer team shall be provided. If the respondent is a joint venture, the required information shah be submitted for each member of the joint venture firm. Details of the organizational structure of the joint venture shall be given. Proposer teams must recognize that its key assigned employees, along with SUbcontractors and their key employees included in the SOQ, will be used as part of the basis for selecting Proposer teams. Therefore, changes to Proposer teams, including major subcontractors and key employees, will not be allowed except for extenuating circumstances, such as corporate takeovers, buyouts, and other unforeseen changes. quest for Qualifications mary 14, 2002 776 Streetscape and Redevelopment Improvements Design-Build Procurement City of Boynton Beach Community Redevelopment Agency (CRA) Streetscape and Redevelopment Improvements CRA Project No. BBB2003-1 Design-Build Procurement 5.2.4 Technical Qualifications (Specifically Related to St~eetscape Projects & Marine Boardwalks) Proposer teams responding to the RFQ shall demonstrate their ability to undertake the Project by providing the technical qual/fications of the Proposer team, principal sub-contractors, equipment suppliers, and individual team members. The CRA will give utmost consideration to experience related to the design and construction of facilities within schedule and budget. Proposer teams shall provide evidence of their experience in the form of design, construction budgets, and schedules of similar projects. CRA and the Selection Committee reserve the right to conduct an independent investigation of the Proposer team's and its subcontractors' technical qualifications by contacting project references, accessing public information, or contacting independent parties. Additional information may be requested during the evaluation of technical qualifications. As a minimum, the Proposer team shall provide the following information to demonstrate their technical qualifications: I. DB Experience -The Proposer team shall provide its individual member and collective design-build experience. 2. Streetscape Experience -Proposer teams shall provide its design and construction experience of similar streetscape facilities. Specifically, the Proposer Team shall outline the work activities performed by the proposers own work force. 3. Marine Boardwalk Experience - Proposer teams shall provide its design and construction experience of similar streetscape facilities. Specifically, the Proposer Team shall outline the work activities performed by the proposers own work force. 4. Design Experience -The Proposer team shall provide it's engineering and design experience for the development and implementation of building and site facilities within the area. The information submitted should demonstrate experience with streetscape design and construction engineering as reflected on completed projects, familiarity with the permitting unit processes, and an understanding of the interrelationship between design, construction, and phasing of future improvements. 5. Construction Experience -The Proposer team shall provide its experience with construction management and construction of streetscape improvements. 6. Regulatory Compliance and Permitting Experience -The Proposer team shall submit its experience with regulatory compliance and permitting. This shall include submission of its experience with meeting permit conditions and complying with local, state, environmental, and other regulatory requirements for a similar facility. 7. Key Project Staff- The Proposer team shall provide the qualifications of all key staff assigned to the Project. This submission shall include the key project staff of the contracting fn-m, its parent (if applicable), partner firms, and major subcontractors. Information shall include length of time practicing in profession, familiarity with streetscape design and construction, and proposed Project leadership. Full resumes of key personnel for each containing experience for above items 1 through 5, shall be provided. 8. ~tdditional Technical Services Capabilities -Unless provided in response to items 1 through 5 above, the Proposer team should provide a one to two page sun'wuary of the Proposer team's experience and capabilities in the following area: Streetscape Improvements Streetscape Facilities (List location, contact person, and contractor claims) Local, Federal and State Perm/t Processes and Compliance Streetscape Design Landscape Design Request for Qualifications January 14, 2002 777 Streetscape and Redevelopment Improvements Design-Build Procurement City of Boynton Beach Community Redevelopment Agency (CRA) Streetscape and Redevelopment lmprovement.~ CRA Project No. BBB2003-1 Design-Build Procurement · Marine Boardwalk Design · Construction and Projects Safety Engineering · Environmental Permitting Proposer teams should note that the inability to provide evidence for each category using internal team resources does not necessarily constitute a lack of qualifications. Proposer teams should address this issue in their written proposal, explaini.g their approach. 5.2.5 Proiect Experience/Keference5 In addition to providing technical qualifications and experience, the Proposer team shall provide a list of directly relevant projects the Proposer team has completed within the past five (5) years. A brief description of these selected projects shall be provided, including current status, photograph, and a description of the Proposer team's specific involvement in each of these projects. ' t ' ' .~r~oiects undertaken outside of the state of Florida will not be considered as. part of the selection.~dditionally, the Proposer team shall describe the history of the relationships among the team members, includigga-d6scription of past working relationships. Presentation format is at the discretion of the Proposer team, as long as all requested information is provided. For each of the projects identified, provide the following information: · Name and location of project · Customer and owner · Current status (design, construction, or operations phase) · Description of facilities, including size and location · Key project contact of Proposer team for the given project · Key project contact of the customer · Key personnel involved with each major phase; if joint venture or partnership, indicate participating firms · Project budget adherence · Change order history · Project schedule adherence · Photograph of Project 5.2.6 Financial Information The Proposer team shall provide full disclosure of its financial position and, if applicable, the financial position of the corporation guaranteeing the Proposer ~eam's obligations under a contract eventually executed. Financial information that must be included as part of the SOQ includes the following: J. Financial Statement~ The SOQ must include copies of the most recent annual report filed with the Securities and Exchange Commission (SEC) on Form lO-K, and supporting documents, and all quarterly reports filed with the SEC on Form 10-Q since the last IO-K was filed. IflO-K or 10-Q reports reference other reports that describe the respondent's financial condition, copies of such reports shall be provided. If the Proposer team is not required to make periodic filings with the SEC, the Proposer team shall submit (a) audited financial statements for the past three fiscal years, including income statements~ balance sheets, and statements of changes in financial position; (b) copies of the latest quarterly financial reports for the prior three ~uest for Qualifications ~uary 14, 2002 10 778 Streetscape and Redevelopment Improvements Design-Build Procurement City of Boynton Beach Community Redevelopment Agency (CRA) Streetscape and Redevelopment Improvements CRA Project No. BBB2003-1 Design-Build Procurement years; and (c) a statement regarding any material changes in the mode of conducting business, bankruptcy prodeedings, and mergers or acquisitions for the past three years, as well as any disclosure of any potential mergers or acquisitions. 2. Direct and Indirect Fixed or Contingent Obligations Proposer team.q must also provide detailed information concerning all direct and indirect fixed or contingent liabilities undertaken by the Proposer team respondent(s), its parents, affiliates, and subsidiaries in connection with other projects, whether by way of financial or performance commitments, open letters of credit, guarantees, or otherwise that may limit its financial exposure for the Project. 3. Credit Ratings If the Proposer team or proposed Project Guarantor has short-term or long-term obligations rated by Moody's Investor's Service, Standard & Poor's Corporation, Fitch IBCA, or Duff & Phelps, such ratings shall be provided. 4. Litigation The Proposer team shah disclose any outstanding litigation that could potentially impact its financial condition if judgment is brought against the Proposer tean~ 5. Insurance The Proposer team shall be required to provide insurance coverage as indicated in Attachment A. 6. Financial Information Requirements Relating to Responses Submitted bp Consortiums, Joint Ventures Or Partnerships If a consortium, a joint venture, or a partnership is submitting the SOQ, the SOQ shall identify all parties and relationships. Each member of such consortium, joint venture, or partnership shall provide full disclosure information regarding their financial strength as specified in this section for individual respondents. 5.2.7 Project Guarantor Proposer teams responding to this RFQ must have a single Project Guarantor to fulfill all the financial obligations required for designing and constructing the Project. Within the SOQ, the Proposer team shall clearly identify the Project Guarantor. This identification shall also include a statement that the Project Guarantor will fully guarantee all obhgations of the contracting party for the permitting, design and construction of the Project. The Project Guarantor may be the contracting party, its parent'company, or a sufficiently capitalized general partner that is an integral part of the respondent's team. Proposer teams must demonstrate to CRA that their Project Guarantor has the capability and legal commitment to guarantee the ~mancial obligation of the Proposer team for the project. If a sole purpose subsidiary (e.g. joint venture) is created as the contracting party, the parent company or one or more of the partner £nuns, shall be the Project Guarantor to guarantee performance of the subsidiary's obligations. A subsidiary with limited capitalization and without the full parent company or partner guarantee will not be allowed as the contracting party. If a subsidiary has been formed solely to respond to this RFQ, the reasons for this action must be fully disclosed. ' 5.2.8 Payment and Performance Bond Requirements The selected Proposer team, at its own expense, will be required to provide and maintain payment and performance bonds through successful commissioning of the Project, each in the full amount of the proposed design/construction costs. The selected Proposer team shall also provide additional security for the absolute and unconditional Request for Qualifications January 14, 2002 11 779 Streetscape and Redevelopment Improvements Design-Build Procurement City of Boynton Beach Community Redevelopment Agency (CRA) Streetscape and Redevelopment Improvements CRA Project No. BBB2003-1 Design-Build Procurement ATTACHMF~NT A Insurance Requirements · ~quest for Qualifications .nuary 14, 2002 14 782 Streetscape and Redevelopment Improvements Design-Build Procurement City of Boynton Beach Community Redevelopment Agency (CRA) Streetscape and Redevelopment Improvements CRA Project No. BBB2003-1 Design-Build Procurement INSURANCE REQUIREMENTS For FIRM: GENERAL LIABILITY FIRM agrees to provide comprehensive general liability Insurance for the benefit of CRA with combined single limits of $2,000,000 per occurrence combined single limit for Bodily Injury and Property Damage liability. Coverage must be afforded on a form no more restrictive than the latest edition of the Comprehensive General Liability Policy, without restrictive endorsements, as followed by CRA's Insurance Services Office and shall include: Premises or Operations; Independent Contractors; Broad Form Property Damage; Broad Form Contractual Coverage applicable to this specific Agreement, including any hold harmless or indemnification agreement; and Personal Injury Coverage with Employee and Contractual Exclusions removed with minimum limits of coverage equal to those required for Bodily Injury Liability and Property Damage Liability. II CRA and the CITY Commission of Boynton Beach are to be included as "Additional Insureds" with respect to liability arising out of services performed for CRA by or on behalf of ~ or acts or omissions of ~r in connection ~th such services. ¢~_*-- c-. f27.4;~.z-~ ,-~ f..z~'m.v~ PROFESSIONAL LIABILITY FIRM agrees to provide professional liability insurance for the benefit of CRA with combined single limits of $2,000,000 per claim and which insures against errors and omissions by FIRM, its subconsultants and design professionals. Iff WORKER'S COMPENSATION FIRM agrees to provide Worker's Compensation and Employer's Liability Insurance for the benefit of FIRM'S work force. IV LIABILITY Request for Qualifications January 14, 2002 In performing its services hereunder, the FIRM will use that degree of care and skill ordinarily exercised, under similar circumstances, by reputable members of its profession practicing in the same or similar locality at the time the services are provided. No warranty, express or implied, is made or intended by the FIRM' S undertaking herein or its performance of services, and it is agreed that the FIRM is not a fiduciary of the Consultant or the Client. To the fullest extent of the law, and notwithstanding any other provisions of this Agreement, the total liability, in the aggregate of the FIRM and the FIRM'S officers, directors, employees, agents, and the FIRM'S subconsultants, and any of them, to the OWNER or to anyone claiming by, through or under the OWNER, for any and all claims, losses, costs or damages whatsoever arising out of, resulting from or in any way related to the services under this Agreement from any cause or causes, including but not limited to, 15 Streetscape and Redevelopment Improvements Design-Build Procurement City of Boynton Beach Community Redevelopment Agency (CRA) Streetscape and Redevelopment Improvements CRA Project No. BBB2003-1 Design-Build Procurement the negligence, professional errors or omissions, strict liability or breach of contract or any warranty, express or of the FIRM or the FIRM'S officers, directors, employees, agents, the FIRM'S subconsultants~r,, any "--I oimplied'f them, shall not exceed twice the total compensation received by the FIRM under this Agreement or~r;rmv,I whichever is greater. AUTOMOBILE LIABILITY FIRM agrees to provide automobile liability insurance covering all owned, hired and non-owned automobile equipment. Limits: Bodily Injury - $100,000 each person $300,000 each occurrence Property Damage - $ 50,000 each occurrence BUILDER'S RISK If a structure is to be erected, FIRM shall also provide Builder's Risk Insurance for the full insurable value of the premises being constructed, and the policy should be endorsed to the effect that the interests of CRA are included as a loss payee and the carrier waives all rights of subrogation against CRA. CERTIFICATES OF INSURANCE Before commencing performance of this contract, FIRM shall furnish CRA with a duplicate policy of Certificate of Insurance for the required insurance as specified above, which shall contain the following: A) B) C) D) Name of insurance carrier(s). Effective and expiration dates of policies. 30 days written notice by carrier of any cancellation or material change in any policy. Duplicate Policy or CertifiCates of Insurance stating that the interests of CRA are included as an additional named insured, and specifying the Project. Such insurance shall apply despite any insurance which CRA may carry in its own name. glII SUBCONTRACTOR INSURANCE FIRM is advised to require all of its subcontractors to provide the aforementioned coverage as well as any other overages that FIRM may consider necessary, and any deficiency in the overages or policy limits of any subcontractors will be the sole responsibility of FIRM. For PRIME DESIGN PROFESSIONAL: FIRM agrees that the PRIME DESIGN PROFESSIONAL for the Project shall meet the following requirements and FIRM is responsible for PRIME DESIGN PROFESSIONAL's compliance with same. PROFESSIONAL LIABILITY PRIME DESIGN PROFESSIONAL shall provide professional liabihty insurance with minimum limits of liability of One Million Dollars ($1[,000,000.00). 784 Request for Qualifications January 14, 2002 16 Streetscape and Redevelopment Improvements Design-Build Procurement City of Boynton Beach Community Redevelopment Agency (CRA) Streetscape and Redevelopment Improvements CRA Project No. BBB2003-1 Design-Build Procurement X GENERAL LIABILITY f~ PRIME DESIGN PROFESSIONAL shall provide comprehensive ggn/eral liability including contractual coverage applicable to this Agreement with minimum limits of ~ Million Dollars ($[,000,000.00) per occurrence combined single limit for Bodily Injury and Property Damage Liability. Coverage must be afforded on a form no more restrictive than the latest edition of the Comprehensive General Liability Policy, without restrictive endorsements, as followed by CRA'S Insurance Services Office and shall include: Premises and/or Operations; Independent Contractors; Broad Form Property Damage; Broad Form Contractual Coverage applicable to this specific Agreement, including any hold harmless or indemnification agreement; and Personal Injury Coverage with Employee and Contractual Exclusions removed with minimum limits of coverage equal to those required for Bodily Injury Liability and Property Damage Liability. CRA and the CRA Board of Boynton Beach are to be included as "Additional Insured" with respect to liability arising out of services performed for CRA by or on behalf of PRIME DESIGN PROFESSIONAL or acts or omissions of PRIME DESIGN PROFESSIONAL in connection with such services. XI WORKER'S COMPENSATION PPd2VIE DESIGN PROFESSIONAL shall provide worker's compensation insurance to apply for all employees in compliance with the "Workers Compensation Law" of the State of Florida and all applicable Federal laws for the benefit of PRIME DESIGN PROFESSIONAL'S employees. In addition, such insurance must include employer's liability coverage with a limit of no less than One Hundred Thousand Dollars ($100,000.00) for each accident. XII AUTOMOBILE LIABILITY PRI2VIE DESIGN PROFESSIONAL shall provide automobile liability insurance covering all owned, hired and non-owned automobile equipment. Limits: Bodily Injury Property Damage $100,000 each person $300,000 each occurrence $ 50,000 each occurrence XIII CERTIFICATES OF INSURA_NCE Before commencing work pursuant to this contract, PRIME DESIGN PROFESSIONAL shall furnish CRA a duplicate policy of Certificate of Insurance for the required insurance as specified above, which shall contain the following: A) B) Name of insurance carrier(s). Effective and expiration dates of policies. 785 Request for Qualifications January 14, 2002 17 Streetscape and Redevelopment Improvements Design-Build Procurement City of Boynton Beach Community Redevelopment Agency (CRA) Streetscape and Redevelopment Improvements CRA Project No. BBB2003-1 Design-Build Procurement c) D) 30 days written notice by carrier of any cancellation or material change in any policy. Duplicate Policy or Certificates of Insurance stating that the interests of CRA are included as an additional named insured, and specifying the project/location. Such insurance shall apply despite any insurance which CRA may carry in its own name. quest for Qualifications ~uary 14, 2002 18 786 Streetscape and Redevelopment Improvements Design-Build Procurement MEMO TO: Board of Directors FROM: Susan Vielhauer SUBJECT: Recommendation for Outside Audit DATE: January 3, 2003 The CRA has been integrated into the City of Boynton Beach's Annual Financial Report since the existence of the Community Redevelopment Agency in accordance with Florida Statue 218.39. The City's outside audit firm does not perform a comprehensive audit on the Community Redevelopment Agency expenses or revenues nor does it report the CRA as a separate report. The Board of the Community redevelopment Agency now has a choice to have an independent comprehensive audit preformed by an outside CPA firm which will provide a complete set of reports on the CRA and its holdings verses being incorporated into the City of Boynton Beaches' Annual Financial Report. By choosing an outside CPA firm for the Comprehensive Annual Financial report, Community Redevelopment Agency Staff will also be able to acquire grant money for future CRA projects which require comprehensive reports. The Comprehensive Annual Financial Audit is budget Within the CRA annual and five year budgets. Initial verbal quotes indicate that the projected cost is within the current CRA budget. Staff is recommending the Comprehensive Annual Financial report be preformed by the outside CPA firm. 788 MEMO TO: Board of Directors FROM: Susan Vielhauer SUBJECT: Investment Policy and Florida Statues 12/31/2OO2 The investment policy for the Community Redevelopment Agency of the City of Boynton Beach has been written in accordance with the 2002 Florida Statues Title XIV Section 218.45 Local government investment policies and has been reviewed by Legal Council Lindsey Payne. This policy applies to all financial assets held or controlled by the CRA in excess of those required to meet current expenses. The primary objective of the CRA investment activities is to preserve caPital and protect the principal invested. To obtain this objective diversification is required in order to minimize potential losses of funds. This policy will direct staff to the financial goals of the CRA Board as it relates to the CRA assets and excess funds. Staff is recommending the ratification of the investment policy in order to prepare an RFQ for financial services according to the statues. 789 Community Redevelopment Agency Investment Policy Scope This investment policy applies to all financial assets held or controlled by the Community Redevelopment Agency in excess of those required to meet current expenses other than pension fund assets when held by a third party custodian and / or money manager and funds related to the issuance of debt where there are other existing policies or indentures in effect for such funds. Investment Obiectives The following investment objectives will be applied in the management of the CPA's funds. The primary objective of the CPA investment activities is to preserve capital and protect the principal invested. Investment transaction shall seek to keep capital losses at a minimum, whether they are from securities defaults or erosion of market value. To attain this objective, diversification is required in order that potential losses on individual securities so not exceed the income generated from the remainder of the investment portfolio. The CRA will maintain the investment portfolios in such a manner that funds are available to meet reasonable anticipated funds flow requirements in an orderly manner. The CPA will keep a primary liquidity of 3 months operating funds in the operating account and a secondary liquidity of 6 additional months in a secondary investment accounts. Periodical funds flow analyses will be completed in order to ensure that the portfolios are positioned to provide sufficient liquidity. The CRA shall diversify its portfolios to maximize the retum on the portfolio while attaining a market rate of return throughout budgetary and economic cycles, taking into account the investment dsk constraints and liquidity need. Return on investment is of least importance compared to the safety and liquidity objectives described above. The core of investments is limited to relatively Iow risk securities in anticipation of earning a fair return relative to risk being assumed. 790 Investment-Performance and Reportin,q In order'to assist in the evaluation of the investment portfolio's performance, the CRA staff will use the performance benchmarks for short-term portfolios. The use of benchmarks will allow the Staff to measure its 'returns against other investors in the same markets. The State Board of Administration's Local Government Surplus Funds Trust Fund (SBA Pool) will be used as the benchmark as compared to the investment portfolios' net book value rate of return for current operating funds. Prudence and Ethical Standards The standards of prudence to be used by the CRA Staff shall be the "Prudent Person" stand and shall be applied in the context of managing the overall investment program. CRA Staff acting in accordance with written procedures, this investment policy and exercising due diligence shall be released of personal responsibilitY for an individual security's credit risk or mark price changes, provided deviations from expectation are reported to the CRA Board in a timely fashion and the liquidity and the sale of securities are carried out in accordance with the terms of this policy. The "Prudent person" rule states the following. Investment shall be made with judgment and care, under circumstances then prevailing, which persons of prudence, discretion and intelligence exercise in the management of their own affairs, not for speculation, bur for investment, considering the probable safety of their capital as well as the probable income to be derived form the investment. Employees involved in the investment process shall refrain from personal business activity that could conflict with proper execution of the investment portfolios' program, or which could impair their ability to make impartial investment decisions. Also, employees involved in the investment process shall disclose to the CRA Board any material financial interest in financial institutions that conduct business with the CRA and they shall further disclose any material personal financial / investment positions that could be related to the performance of the CPA's investment portfolio. 791 Listing of Authorized Investment A. The Florida Local Government Surplus Trust Funds (SBA) The CRA Staff may Purchase / sell investment securities at prevailing market rates and appropriate amount thereof in: The Florida Local Government Surplus Funds Trust Fund (SBA) at a maximum of 100% of available funds. The maximum length to maturity of any direct investment in the (SBA) is five (5) years from date of investment. B. United States Government Securities The CRA Staff may invest in direct Securities or Securities in which the principal and interest are unconditionally guaranteed by the United States Government Securities including, but not limited to the following at a maximum of 100 % of available funds: Cash Management Bills Treasury Securities - State and Local Government Series (SGLS) Treasury Bills Treasury Notes Treasury Bonds Treasury Strips The maximum length to maturity of any direct investment in the united States Government Securities is five (5) years from date of purchase. C. United States Government Agencies The CRA Staff may invest in bonds, debentures, notes or callable issued or guaranteed by the United States Government agencies, provided such obligation are backed by the full' faith and credit of the Untied States Government. Such securities will include, but not be limited to the following with a maximum of 50% of available funds for investing and 10% in an individual issue: United Stated Export - Import Bank with direct obligation or fully guaranteed certificates of beneficial ownership Farmer Home Administration certificates of beneficial ownership Federal Housing Administration debentures General Serviced Administration United States Maritime Administration Guaranteed -Title XI Financing New Communities Debentures that the United States Government Guarantees Debentures 792 3 United States Public Housing Notes and Bonds that are guaranteed by the united States Government united States Department of Housing and Urban Development Project notes and local authority bonds The maximum length to maturity of any direct investment in the United States Government Agencies is five (5) years from date of purchase. D. Federal Instrumentalities (United States Government sponsored agencies) The CRA Staff may invest in bonds, debentures, notes or callable issued or guaranteed by United States Government sponsored agencies (Federal Instrumentalities) which are non-full faith and credit agencies limited to the following with a maximum of 50% of available funds for investing in Federal Instrumentalities and 10% in an individual Instrumentalities: Tennessee Valley Authority Federal Farm Credit Bank (FFCB) Federal Home Loan Bank or its Board Banks (FHLB) Federal National Mortgage Association (FNMA) Federal Home Loan Mortgage Corporation (Freddie-Macs) Including Federal Home Loan Mortgage Corporation participation certificates Federal student loan Marketing Association (Sallie-Mae) The maximum length to maturity of any direct investment in the Federal Instruments is five (5) years from date of purchase. E. Interest Bearing Time Deposit or Saving Accounts The CRA Staff may invest in non-negotiable interest bearing time certificates of deposit or savings accounts in banks organized under the laws of this state and / or-in national banks organized under the laws of the United States and doing business and situated in the State of Florida, provided that any such deposits are secured by the Florida Security for the Public deposits Act, Chapter 280, Florida Statues. Additionally, the bank shall not be listed with any recognized credit watch information service. Investment in time deposits or savings accounts shall be but are not limited to the following at a maximum of 100 % of available funds. The maximum length to maturity of Interest Bearing Time Deposit is five (5) years from date of purchase. - 793 4 F. Commercial Paper (Short Term Paper- Corporation) The CRA Staff may invest in commercial paper of any United States company that is rated, at the time or purchase, "Prime-l" by Moody's and "A-I" by Standard & Poor's (Prime commercial paper), If the cOmmercial paper is backed by a letter of credit (LOC), the long-term debt of the LOC provider must be rated "A" or better by at least two nationally recognized rating agencies. The maximum of 15% of available funds may be directly invested in prime commercial paper with a maximum of 10% of available funds with any one issuer. The maximum length to maturity for prime commercial paper shall be 180 days from the date of purchase. G. Bankers' Acceptances (Shod Term Paper- Banks) The CRA Staff may invest in Bankers' Acceptances issued by a domestic bank or a federally chartered domestic office of a foreign bank, which are eligible for purchase by the Federal Reserve System, at the time or purchase, the short-term paper is rated, at a minimum, "P-I" by Moody's Investors Services and "A-2" Standard & Poor's. The maximum of 15% of available funds may be directly invested in Bankers' Acceptances with a maximum of 10% of available funds with any one issuer. The maximum length to maturity for Bankers' Acceptance shall be 180 days from the date of purchase. H. State and / or Local Government Taxable Debt The CRA Staff may invest in State and / or Local Government Taxable general obligation and / or revenue bonds rated at least "Aa" by Moody's and "AA" by Standard & Poor's for short-term debt. The maximum of 15% of available funds may be directly invested in State and / or Local Government Taxable. The maximum length to maturity for the State and / or Local Government debt security is three (3) years form the date of purchase. I. Registered Investment'Companies (Mutual Funds) The CRA Staff may invest in shares in open-end and no-load money market funds provided such funds are registered under the Federal Investment Company Act of 1940 and operated in accordance with 17 C.F.R. 270 2a-7, which stipulates that money market funds must have an average weighted maturity of 90 days or less. In addition, the share value of the money market funds must equal to $1.00. The maximum of 100% of available funds may be invested in money market funds. 794 5 The maximum of 75% of available funds may be invested with any one money market fund. The mutual funds shall be rated "AAm" or "AAm-G" or better by Standard & Poor's or the equivalent by another rating agency. A thorough review of any investment mutual fund is required prior to investing, and on a continual basis and a prospectus must be provided. J. Repurchase Agreements The CRA Staff may invest in Repurchase Agreements composed of only those investments based on the requirements set forth by the CRA Master Repurchased Agreement. All firms are required to sign the Master Repurchase Agreement prior to the execution of a repurchase agreement transaction. (See Attachment I) A third part custodian that has a current custodial agreement shall hold the collateral for all repurchase agreements with a term longer than one business day. A clearly marked receipt that shows evidence of ownership must be supplied to the CRA Staff and retained for investment records. Securities authorized for collateral are negotiable direct obligations of the Untied States Government, Government agencies, and Federal Instrumentalities with Maturities under five (5) years and must have a market value for the principal and accrued interest of 100 percent of the value and for the term of the repurchase agreement. Immaterial short-term deviations from 2 percent requirement are permissible only upon the approval of the Executive Director. A maximum of 50% of available funds may be invested in repurchase agreements excluding one (1)-business day agreements and overnight sweep agreements. A maximum of 25% of available funds may be invested with any one institution. The maximum length to maturity of any reputes agreement is 60 days form the date of purchase. Maturity and Liquidity Requirements To the extent possible, an attempt will be made to match investment maturities with know funds needs and anticipated fund flow requirement. Investment of current operation funds shall have maturities of no longer than twelve (12) months. Investment of bond reserves, construction funds, and other non-operating funds (core funds) shall have a term appropriate to the need for funds and in accordance with debt covenants, but in no event shall exceed five (5) years. 795 6 Portfolio comP'osition The investment portfolio shall be assembled to meet the liquidity needs for the CRA through a balance of short-term and medium-term maturities. In addition, the investment portfolio shall be diversified with respect to investment instruments and issuers. A listing of authorized investment instruments includes portfolio composition, risk and diversification. Risk and Diversification The investment portfolio shall be assembled to meet the liquidity needs for the CRA through a balance of short-term and medium-term maturities. In order to reduce the risk of loss from over-concentration of assets in a specific maturity, issuer, instrument, dealer or bank the investment portfolio shall be managed to minimize the potential risk from default and changes in market conditions through diversification specified in the listing of authorized investment instruments section. Authorized Investment Institutions and Dealem Authorized CRA staff and Investment Advisors shall only purchase securities from financial institutions, which are qualified as public depositories by the Treasurer of the State of Florida, institutions designated as "Primary Securities Dealers" by the Federal reserve bank of New York, or for direct issuers of commercial paper and bankers' acceptances. Investments in savings accounts, certificates of deposit or other deposit accounts in a bank or savings associations may be made only in qualified public depositories as defined by Florida State Statutes section 280.02. All authorized institutions and dealers conducting business with the CRA shall be given a copy of the CRA's Investment Policy and be .required to abide by the Investment Policy. The broker shall execute a certification acknowledging receipt of the Investment Policy and agreeing to follow its terms and conditions. .Third-Party Custodial a.qreements All securities pumhased by the CRA, with the exception of certificates of deposits, shall be propedy designated as an asset of the CRA and held in safekeeping by a third party custodial bank or other third party custodial institution chartered by the United States Gbvernment or any other state or territory of the United States which has a branch or principal place of business in the State of Florida as defined in Section 658/12, Florida statues, or by a national association organized and existing under the laws of the United States which is authorized to accept and execute trusts an which is doing business in the State of Florida. 796 7 Master RePurchase Agreement The investment portfolio policy shall require all approved institutions and dealers transacting repurchase agreements to execute and perform as stated in the master repurchase agreement. (See Attachment I) Competitive Bidding The CRA Staff or the Investment Advisor shall determine the approximate maturity date based on funds flow need, the market conditions and has analyzed and selected one or more optional types of investment, a minimum of three (3) qualified banks and / or approved broker / dealers will be contacted and asked to supply bids / offers on securities in questions. Bids will be held in confidence until the bid deemed to best meet the investment objectives is determined and selected. In all cases where competitive bidding is not feasible, the appropriateness and return of the investment shall be compared to other investments with similar maturities available in the financial markets and also a comparison to current market price method to determine the feasibility on the investment. Competitive bids will not be required when the security involved is a new issue and can be purchased at auction or at a present, initial offering price or if the security is available only through a single dealer. Overnight sweep repurchase agreements will not be bid, but may be placed with the CRA's depository bank relating to the demand account for Which the repurchase agreement was purchased. Internal Controls The CRA staff shall establish a system of internal controls and operational procedures that are in writing to protect the CRA's assets and ensure proper accounting and reporting of the transactions related there to. The internal controls are designed to prevent loss of funds, which might arise from fraud, employee error, and misrepresentation, by third parties, imprudent actions by employees. The written procedures should include references to safekeeping, repurchase agreementS, separation of transaction authority from accounting and record keeping, wire transfer agreements, banking service contracts and collateral / depository agreements. No person may engage in an investment transaction except as authorized under the ternis of this policy. Independent auditors as a normal part of the annual financial audit to the CRA Board shall conduct a review of the system of internal controls to ensue compliance with policies and procedures. 797 8 Continuin.qEd~cation The CRA Staff shall annually complete 8 hours of continuing education in subjects or courses of study related to investment practices and products. Reporting The CRA Staff shall provide for the CRA Board a quarterly investment report. The report shall include the following: A listing of individual securities held at the end of the reporting period Percentage of available funds represented by each investment type Coupon, discount or earning rate Average life or duration and final maturity of all investments Par value, and market value The CRA Staff shall prepare and submit to the CRA board a written report on all invested funds. The annual report shall provide all, but not limited to the following: a complete list of all invested funds, name or type of security in which the funds are invested, the amount invested, the maturity date, earned income, the book value, the market value and the yield on each investment. All investment shall be reported at fair value per GASB standards. Investment portfolio reports shall be available to the public. Derivatives and Reverse Repurchase Aqreements Investments in any derivative products or the use of reverse repurchase agreements are specifically prohibited by this investment portfolio policy. A "derivative" is defined as a financial instrument the value of which depends on, or is derived from the value of one or more underlying assess or indices or asset values. Responsibility The establishment of the investment portfolio policy is the responsibility of the CRA Staff and CRA Board. The CRA staff, under the direction of the CRA Board shall be responsible for implementing the policy and managing the CRA investment portfolio within these guidelines. Cash Manaqement The CRA Staff, except where otherwise provided by the CRA Board or State law, is authorized to pool the cash of various funds to maximize investment earnings where it is advantageous and prudent to do so. Investment income will be allocated to the various expenses and projects based upon need. 798 9 APROVED AND ADOPTED BY THE CRA BOARD OF PALM BEACH COUNTY ON day of 2002 Chairman of the Board Vice-Chairperson of the Board Executive Director 799 10 OCT ~8 ~00~ 16:18 FR NRTIONSBANK I IS 813 224 5415 TO 915617]73258 ~tut~s->Vicw Statutes->2001 ->Ch0218->Section 41 $: Online Sumhinc Page 1 of 2 The 2002 Florida Statutes TJU~ XZV ghlg/lc2Ali ~JlgJ~r TAXATZON AND I~NANCE FINANCLRL MATTERS PERTAZN~NG TO POLITICAL SUBDIVISIONS 218.41S Loom government Inve~tmeflt Pelletu.--Inveltment acUvlty by a unit of local government must be consistent with a written Invesi~nent plan adopted by the governing body, or in the absence OF the existence of a governing body, the respective prlncJpal officer OF the unit oi' local government and maintained by the unit of local government or, In the alternative, such activity must be conducted In accordance with subsection (17). Any such unit OF local government shell have an Investment policy rot any public funds In excess of the amounts needed to meet: current expenses as pmvtded In subsections (1)-(Z6), or shall meet the alt~rnsUve Investment guklallnse contained In subsectJon (17). Such policies shall be st:ructured to place the highest priority on the safety of principal and liquidity of funds. The opUmlzaUon of Investment returns shall be secondary to the requirements for safety and liquidity. Each unit of local government shall adopt: policies that are commensurate with the nature and size of the public ~unds within Its cusi~dy. (1) SCOPE.--The Investment policy shall apply to funds under the control of the unit: of local government In excess of those required to meet current expenses. The investment policy shell not apply to pension funds, Including those funds In chapters/`7S and/,85, or funds related to the Issuance OF debt where there are other existing pollctes or Indentures In effect for such funds. (2) INVESTMENT OB3EC~VES.--The Investment policy shall de~cHbe the investment: objectives of the unit of local government. Investznant objectives shall Include safety of capital, Ikluldlty of funds, and Investment Income, In that order. (3) PERFORMANCE MEASUREMENT.--The Investment policy shall spodfy performance measures as are appropriate for the nature and size of the public funds within the custody of the unit of local government. (4) PRUDENCE AND ETH[CAL STANDARDS.--The Investment policy shall descdbo the level of prudence and ethical standards to be followed by the unit of local govemment In carrying out Its Investment activities with respect to funds described In this sec'don. The unit of local government shell adopt the Prudent Person Rule, which states that:: "tnvestments should be made with Judgment and care, under circumstances t:hen prevailing, which persons of prudence, discretion, and Intelligence exercise In the management: of their own affairs, not for speculaUon, but for Investment, considering the probable safety of their capital as well as the probable Income to be derived from the Investment." (S) LISTING OF AUTHORIZED INVESTMENTS.--The investment policy Shall list' Investments authoHsed by the governing body of the unit of local government:, subject to the provisions of subsection (16). Investments not listed In the Investment policy are prohibited. If the policy authorlze~ Invesiznents In derlvaUve products, the policy must require that the unit of local government's officials responsible for maldng Investment decisions or chief financial officer have deve/oped sufficient understanding of the derivative products and have the experUse to manage them. For purposes OF this subsection, a "derlvaUve" Is defined es a financial Instrument the value of which depends on, or Is derived from, the value of one or more underlying a~ets or Index or asset values. Zf the policy authorizes Invsetmenta in reverse repurchase agreements or ether forms of leverage, the policy must limit the Invest~nents to transectJons in which the proceeds are Intended to provide liquidity and for which the unit of local government: hat sufficient resources and expertise. (6) t4ATURrrY AND L~QU[DFTY REQUIREMENTS.--The Investment policy shall require that the ]nve~m~ent portfolio Is structured In such manner as to provide sufficient liquidity to pay obligations as they come due. To that end, the Investment policy shoUld direct that, to the extent possible, an attempt will be made to match InvestTnent maturities with known cash needs and anticipated cash-flow requirements. (7) PORTFOLIO COMPOSTFION.-.The Investment policy shell establish guidelines flor Investments and limits on secudty Issues, Issuers, and maturities. Such guidelines shall be commensurate with the nature and size of the public funds within the custody of the unit of local government:. (8) RISK AND DZVERSIF~CATION.-.The Investment policy shall provide for appropriate diversification of the Investment portfolio. ~nvestments held should be diversified to the extent: practicable to control the dsk of loss resulUng from overconcentration of a~ets In a specific maturity, I~uer~ Instrument, desle~.~ or bank through which financial instruments are bought end sold. Diversification strategies within the established guidelines shall be reviewed and revised periodically, as deemed necessary by the appropriate management staff. (g) AUTHORIZED INVESTMENT INSTrrUT~ONS AND DEALERS.--The Investment policy should specify the authorized securities dealers, issuers, and banks from whom the unit OF local government: may purchase securlUe~. (10) THIRD-PARTY CUSTODLRL AGREEMENTS.o-The Investment policy shall provide eppropriat:e arrangements flor the holding of assets of the unit of local government:. Securities should be held with a third party; and all securities purchased by, and all collat:eral obtained by, the unit of local government should be properly designated as an asset of the unit of local government. No withdrawal of rmcurlUss, In whole or In part, shell be made from ~afekeepJng, except by an ~://www.]eg. state.fl.ua/$tatutes/index.c~m?App mode=Display Statute&$eazeb $ttiag~URL=Cb02] 8/SE ! 0/8/02 800 OCT 08 2B~2 16:19 FR NATIONSBANK I IS 81-~ 224 5415 TO 915617~?~258 s~at~tes.~>¥iew Statutes->2001->Ch021 $->Sectio~ 415; Online S~$I~ine P. 0~18 Page 2 ot'~ authorized staff member of the unit of local government, Securities t~ensectlons between a broker-dealer and the custodian Involving purchase or sale of securitlse by transfer of money or securities must be made on a "delivery va. payment" basis, If appllceble, to ensure that the custodian will have the security or money, as appropriate, In hand at the conclusion of ERs transection. (Il) MASTER REPURCHASE AGREEMENT.--The Inyestment policy shall require all approved Institutions and dealers transacting repurchase agreements to execute and perform as stated In the Haster Repurchase Agreement. All repurchase agreement transactions shall adhere to the requlremenl~ of the Nester Repumhase Agreement, (12) BID REqUIRENENT.--The Investment policy .shell require that the unit of local government's staff determine the approximate maturity date based on cash-flow needs and market conditions, analyze and select one or more optimal types of Investment, and competiUvely bid the security In question when feasible and appropriate. Except as otherwise roqulred by law, the bid deemed to best meet the Investment objectives specified In subsection (2) must be selected. (13) INTERNAL CONTROLS.--The Investment policy shall provide for a system of Internal controls and operational procedures, The unit of local government's officials responsible for making investment decisions or chief financial officer shall e~tabllsh a system of Internal conl~ola which shall be In writing and made a part of the governmental enUtyls operational procedures. The Investment policy shall provide for review of such controls by Independent audltore as part of any flnandal audit periodically required of the unt~ of local government. The Internal controls should be designed to prevent losses of funds which might arise fi-om fi'aud, employee error, mlsrepresentsUon by third peri:les, or Imprudent actions by employees of the unit of local government. (14) CONTINUING EDUCATION.--The Investment policy shall provide for the continuing education of the unit of local government's officials responsible for making Investment dadslons or chief financial officer. Such officials must annually complete 8 hours of continuing education In subjects or courses of study related to Investment practices and products. (IS) REPORTING.--The Investment policy shall provide for appropriate annual or more frequent reporting of Investment actlvRle$. To that end, the governmental entlty'a officials responsible for making Investment decisions or chief financial officer shall prepare periodic reports for submission to the legislative and govemlng body of the unit of Iocel government, which shall Include securities In the portfolio by class or type, book value, Income esrned~ and market value as of the report date. Such reports shall be available to the public. (16) AUTHOI~ZED INVESTMENTS; WRTI'I'EN INVESTMENT POI. ZCZES.--Those units of local government electing to adopt a whiten Invest~nent policy as provided In subsections (1)-(15) may by resoluUon invest and reinvest any surplus public funds in their control or possession In: (a) The Local Government Surplus Funds Trust Fund or any Intergovernmental Investment pool authorized pursuant to the Florida Interlocel Cooperation Act as provided in s. 163.01. (b) Securities and Exchange Commission registered money market funds with the highest credit quality rating from a nationally recognized rating agency. (c) Interest-bearing time deposits or savings accounts In qualified public depositories as defined In (d) Direct obligations of the United States Treasury. Federal agencJes and Instrumentalities. (f) Securities of, or other Interests Int any open-end or closed-end management-type Investment company or Investment trust registered under the Investment Company Act of :t940~ 15 U.S.C. ss. 80a-1 et seq., as amended from time to time, provided that the porl~ollo of such Investment company or Investment trust Is limited to obligations of the Untied States Government or any agency or Instrumentality thereof and to repurchase agreements fully collaterallzed by such United States Government obllgatlons/and provided that such Investment company or Investment trust takes delivery of such collateral either directly or through an authorized custodian. (g) Other Investments authorized by law or by ordinance for a counb/or a munldpallty, (h) Other Investments authorized by law or by resolution for a school district or a spatial district. (17) AUTHORIZED INVESTMENTS; NO WRTFFEN INVESTMENT POI. ICY.--Those units of local government electing not to · adopt a written Investment policy In accordance with Investmen~ policies developed as provided In subsectlona (1)-(15) may Invest or reinvest any surplus public funds In their conl~ol or possession In: (a) The Local Government Surplus Funds Trust Fund, or any Intergovernmental investment pool authorized pursuant to the Florida ]:nterlocal Cooperation Act~ as provided in s. 16:~.01. (b) Securities and Excflange Commission registered money market funds with the highest credit quality rating from a nationally recognized rating agency. Interest-bearing time deposits or savings accounts In qualified public depositories, as defined In s. ~8_(~.~.. ht~p://www~~~g~stat~~~~us/Statut~s/ind~x~cfm?A~~-m~de=Disp~~~-Statute&S~arch-~tring=&URL=C~~2~ g/SE 10/8/02 801 OCT 08 2~2 16:20 FR NATIONSBANK I IS 81-~ 224 5415 TO 915617~73258 P.04/18 smtutes->Vi~w Statutes->200l ->Ch0218->Section 415: Online Sunshine (d) Direct obligations of the U.$. Treasury. The securities listed in paragraphs (c) and (d) shall be Invested to provide sufficient liquidity to pay obligations as they come due. ~ (18) SECURITIES;' DISPOSZTiON.-- (a) Every security purchased under thls section on behalf of the governing body of a unit of local government must be properly earmarked and: 1. If registered with the issuer or Its agant~, must be Immediately placed for safekesplng In a location that protects the governing body's Interest in the security; 2. Il' In book entry form, must be held for the credit of the governing body by a dapceltory chartared by the Federal Government, the state, or any other state or territory of~a United States which has a branch or prindpal place of business In this state as defined In s..6~J,/,?, or by a national aasodatlon organized and existing under the laws of the United States which Is authorized to accept and execute I~usts and which is doing business In this state, and must be kept by the depository In an account separate and apart from the assets of the financial Institution; or 3. If physically Issued to the holder but not registered with the Issuer or Its agents, must be Immediately placed for safekeeping In a secured vault. (b) The unit of local government's governing body may al~o receive bank trust receipts in retum for Investment of surplus funds In securities. Any trust receipts received must enumerate the various securities held, together wlffl the specific number of each security held. The actual securities on which the trust receipts are Issued may be held by any bank depository chartered by the Federal Government, this state, or any other state or territory of the United States which has a branch or principal place of business In this state as defined In s. 6Sa.12. or by a national a~odaflon organized and existing under the laws of the United States which Is authorized to accept and execute trusts and which Is doing business In this state. (19) SALE OF SECURiTiES.--When the Invested funds are needed In whole or In part for the purposes originally Intended or for more optimal investments, the unit of local government's govemlng body may sell such investments at the then- prevailing market price and place the proceeds Into the proper account or fund of the unit of local government. (20) PREL=XIST~NG CoNTRAcT.--Any public funds subject to a contract or agreement existing on October 1, 2000, may not be Invested contrary to such contract or agreement. (21) PREEMPTTON.--Any provision of any special act, municipal charter, or other law which prohibits or restricts a local governmental entity from complying with this section or any rules adopted under this section Is void to the extent of the conflict. (22) AUDI'rs.--Certified public accountants conducting audits of units of local govemmant pumuant to s. ;[:[8,.39 shall report, as part of the audit, whether or not the unit of local government has complied with this section. Hiatorv.--s. 1, ch. 95-194; s. 2, ch. 97-9; s. 3, ch. 2000-264; ss. 66, 141, ch. 2001-266. Disclaimer: The Information on this ~/stem Is unverified. The Joumalg or printed b~ls of the respective chambers should be consulted for official purposes, Copyright 02000-2~02 St~t~ of florida. Contact u~, Vage 3 o! ': 802 ~//www leg state fl us/Statutes/mdex cfm'~A mode Dm la St tuts · : .... ' · · pp_ = 'p y_ a &Search_String=&URL--Ch0218/SE 10/8/02 MEMO TO: Board of Directors FROM: Susan Vielhauer SUBJECT: State Board of Administration (SBA) DATE: January 2, 2003 The investment policy for the Community Redevelopment Agency of the City of Boynton Beach has been written in accordance with the 2002 Florida Statues Title XIV Section 218.45 Local government investment policies and sets the performance benchmark for the short-term portfolio to the SBA pool rate of return. This policy would also allow the CRA staff to invest funds at the direction of the CRA Board in the SBA poOl. There are two requirements for participation in the SBA Investment Pool. The first is that the local government agency determines, by resolution, that it is in the best interest of the local government agency to deposit surplus funds in the trust' fund (see Attachment #1). The resolution must be notarized, shall name the title of agency official that may deposit and withdrawal of funds on behalf of the local government agency. The second is the "Investment Pool System Input Document" (see Attachment #2) form to be completed for each account you wish to maintain in the fund. I have also attached the investment activity rates, participant and Investment Returns and Pool Investment at September 2002 for your review. The SBA had 798 participants including City of Boynton Beach in 2001 invested in the SBA with a total of over $10,000,000,000 invested. Staff is recommending the completion of the Attachment #1 and #2 in the event the CRA Board wishes to invest excess funds in the SBA. \~JGCDE_FS\LIBRARY11990\900182.BB\MEMO 2003\State Board of Administration Memo.doc 803 Attachment #1 RESOLUTION NO. 2 A RESOLUTION OF THE BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY AUTHORIZING THE CONTROLLER IN ACCORDANCE WITH POLICY TO INVEST EXCESS FUNDS IN THE STATE BOARD OF ADMINISTRATION INVESTMENT POOL, PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE. WHEREAS THE Community Redevelopment Agency of the City of Boynton Beach from time to time has funds on hand in excess of current needs, and WHEREAS, it is in the best interest of the Community Redevelopment Agency of the City of Boynton Beach that funds be invested to return the highest yield consistent with proper safeguards, NOW THEREFORE, BE IT RESOLVED AS FOLLOWS THAT: Section 1. The Controller or designee, as legal representative of the Community Redevelopment Agency of the City of Boynton Beach, are hereby authorized to act as the administrator (s) for funds held at the State Board of Administration. Section 2. Section 3. Section 4. Section 5. The Administrator (s) shall have the authority to establish an account(s) on behalf of Community Redevelopment Aqency of the City of Boynton Beach, withdraw funds from or transmit funds to said account(s) at the State Board of Administration, establish funds transfer instruction, name designee(s), and initiate changes to this information via the Investment Pool Input Document. This authorization shall be continuing in nature until revoked by the Community Redevelopment Agency of the City of Boynton Beach. All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. If any clause, section, other part or application of this Resolution is held by any court of competent jurisdiction to be unconstitutional or invalid, in part or application, it shall not affect the validity of the remaining portions or applications of this Resolution. 804 INVESTMENT POOL SYSTEMS INPUT DOCUMENT (one form must be filled out for each agency account) ) AGENCY ACCOUNT # ) COMPLETE ACCOUNT TI~'LE AND ADDRESS: AREA CODE/ PHONE NUMBER: FAX NUMBER: NAME AND ADDRESS OF YOUR BANK TO WHICH FUNDS SHOULD BE WIRED: ABA # ACCOUNT NUMBER *****IMPORTANTII Complete this section if your bank Is not on-line with the Federal Reserve and utilizes a correspondent bank or its main office for wires.***** ~VlE AND ADDRESS OF ROUTING BANK: ABA # NAME/TITLE OF PERSONS AUTHORIZED TO TRANSMIT OR WITHDRAW FUNDS: NAME/TITLE/SIGNATURE OF PERSONS AUTHORIZED TO NOTIFY US OF CHANGES IN ACCOUNT INFORMATION: THIS LOCAL GOVERNMENT AGENCY REQUIRES 1 OR 2 SIGNATURES FOR CHANGES IN ACCOUNT INFORMATION. (PLEASE CIRCLE ONE) 9) STATE OF FLORIDA COUNTY OF AUTHORIZED SIGNATURE #1 TITLE AUTHORIZED SIGNATURE ~ (IF REQUIRED) TITLE DATE ~val Date ~ Approval Date stems Input Date The foregoing Instrument was acknowledged before me this _ day of __, 19.._~, by ~ who Is personally known to me or who has produced as identification and who did/did not take an oath. *(circle o~e) (SEAL) Notary Public State of Flodda Commission expires: AGENCY ACCOUNT # INVESTMENT POOL ID CODE 806 INVESTMENT ACTIVITY RATES LOCAL GOVERNMENT SURPLUS TRUST FUND INVESTMENT POOl, The Ainortized Cost on Investments ou September 30, 21}02 was $13,948,119,649.37. The portfolio's average days to nmturity were 63. Rale of Return 2002 2t)I)1 2000 1999 1998 1997 1996 1995 1994 1993 Jauuary 1.95 6.12 5.86 4.98 5.56 5.43 5.54 5.32 3.50 3.79 February 1.97 5.73 5.92 4.83 5.46 5.39 5.28 5.70 3.49 3.62 March 1.93 5.35 5.89 4.81 5.47 5.42 5.21 5.81 3.58 3.53 April 1.94 4.91 6.01 4.82 5.49 5.53 5.27 5.84 3.69 3.49 May 2.01 4.46 6.19 4.79 5.48 5.55 5.28 5.83 3.79 3.46 Juue 1.93 4.18 6.41 4.85 5.51 5.54 5.31 5.86 3.96 3.52 iJ uly 1.90 3.83 6.48 4.98 5.51 5.53 5.35 5.80 4.03 3.55 August 1.88 3.68 6.52 5.11 5.51 5.51 5.38 5.73 4.08 3.53 September 1.89 3.43 6.54 5.23 5.51 5.53 5.39 5.68 4.17 3.53 October 1.89 2.81 6.55 5.45 5.33 5.51 5.38 5.66 4.32 3.54 November 2.40 6.59 5.66 5.17 5.51 5.37 5.71 4.57 3.61 December 2.10 6.59 5.83 5.16 5.66 5.42 5.72 5.05 3.56 Year to Date Rate 2002 2001 2000 1999 1998 1997 1996 1995 1994 1993 January 1.95 6.12 5.86 4.98 5.56 5.43 5.54 5.32 3.50 3.79 February 1.94 5.93 5.89 4.91 5.51 5.41 5.41 5.51 3.50 3.71 March 1.95 5.73 5.89 4.87 5.50 5.41 5.34 5.61 3.52 3.65 April 1.95 5.53 5.92 4.86 5.50 5.44 5.33 5.67 3.57 3.61 May 1.95 5.31 5.98 4.85 5.49 5.46 5.32 5.71 3.61 3.58 June 1.95 5.12 6.05 4.85 5.50 5.48 5.32 5.73 3.67 3.57 July 1.94 4.94 6.11 4.87 5.50 5.48 5.32 5.74 3.72 3.57 August 1.93 4.78 6.16 4.90 5.50 5.48 5.33 5.74 3.77 3.56 September 1.93 4.63 6.20 4.94 5.50 5.49 5.33 5.73 3.81 3.56 October 1.93 4.45 6.24 4.99 5.48 5.49 5.34 5.72 3.86 3.56 Novelnber 4.26 6.27 5.05 5.45 5.50 5.34 5.72 3.93 3.56 l)ecember 4.08 6.29 5.11 5.43 5.51 5.35 5.72 4.02 3.56 As of l)ecember 2002 2001 2000 1999 1998 1997 1996 1995 1994 1993 Nmnber of Pool 798 769 728 718 620 651 645 637 627 Participants 'timber of 1748 1,657 1,592 1,552 1,271 1,297 1,330 1,376 1,366 IAccounls 807 r--- ozo~~s>s;~ s 8O8 '0 0 0 809 x. Other Items: xz. Adjournment. Any person who decides to appeal any decision of the Community Redevelopment Board with respect to any matter considered at this meeting will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. 810 The CRA shall femish appropriate auxiliary aids and services where necessary to afford an individual with a disability an equal oppommity to participate m and enjoy the benefits of a service, program, or activity conducted by the CRA. Please contact Douglas Hutchinson at 561-737-3256 at least twenty-four hours prior to the program or activity in order for the CRA to reasonably accommodate your request.