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Agenda 03-11-03
COMMUNITY REDEVELOPMENT AGENCY Tuesday March 11, 2003 Commission Chambers Boynton Beach 6:30 P.M. I. Call to Order. II. Roll Call. III. Agenda Approval: A. Additions, Deletions, Corrections to the Minutes. (January 16th, February 11th, February 20th & February 27th ) Adoption of Agenda. IV. Consent Agenda. A. IT Contract for CRA with City of Boynton Beach B. Financials V. Public Audience. 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 appeal is to be based. The CRA shall furnish 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 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. Old Business A. Elevations 1. PROJECT: AGENT: OWNER: LOCATION: DESCRIPTION: Dakota Lofts (Elevation Drawings) Dror Trigger Dakota Lofts 3010 South Federal Highway Request approval of elevation drawings for the proposed Townhouse project. Elevation drawings were required to return to the CRA for future review and approval New Business A. Zoning Code Variance 1. PROJECT: AGENT: OWNER: LOCATION: DESCRIPTION: Holly Variance (ZNCV 03-001) George Homrich Janice Holly 133 N.E. 4th Avenue Request for relief from the City of Boynton Beach Land Development Regulations, Chapter 2, Zoning, Section 5.F.2.a and 5.E.2.a requiring sixty (60) foot minimum lot frontage to allow a ten (10) foot variance, resulting in a fifty (50) foot lot frontage for a single family house within a R-2 zoning district and; Holly Variance cont'd Request relief from Chapter 2, Zoning, Section 5.F.2.a, requiring a minimum side yard setback of ten 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 opportunity 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. (10) feet to allow for a variance of 2.5 feet and a side setbacks of 7.5 feet on each side for a single-family home within the R-2 zoning district. Land Use Plan Amendment/Rezoning 1. PROJECT: Beck's Towing & Recovery (LUAR 03-001) AGENT: Carl A. Cascio, P.A. OWNER: Custom Property Services, Inc. (Contract Pending) LOCATION: 410 N.E. 5th Avenue DESCRIPTION: Request to amend the Comprehensive Plan Future Land Use Map from General Commercial (GC)to Industrial (I); and Request to rezone subject property from C-4 General Commercial to M-1 Industrial. VII. Director's Report: Workshops Requested 1. CRA Priority List- March 20, 2003 2. Events- TBD 3. Graphics/Web site/Brochure development - TBD 4. Board Criteria - TBD 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 furnish 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. VIII. Old Business: Consideration of PBC Convention & Visitors Bureau Board Seat IX. New Business: A. Consideration of Fa(;ade Grant Request Boynton Boundless, L.L.C. B. Consideration of the Boynton Beach Boulevard Design-Build Selection Committee recommendation and approval to negotiate a Design-Build contract for the CRA Board Review. C. Consideration of Southern Homes request for signage at the Murano Bay temporary sales office X. Other Items: XI. Adjournment. Any person who decides to appeal any decision of the Community Redevelopment Board with respect to any matter considered at tiffs 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 furnish appropriate auxiliary aids and services where necessary to afford an individual with a disability an equal opporUmity 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. MINUTES OF THE SPECZAL COMMUNZTY REDEVELOPMENT AGENCY MEETING HELD IN COMMISSION CHAMBERS, CZTY HALL, BOYNTON BEACH, FLOI~DA ON THURSDAY, 3ANUARY 16, 2003 AT 6:30 P.M. PRESENT Larry Finkelstein, Chairman Jeanne Heavilin, Vice Chair Jos~ Aguila Alexander DeMarco Michelle Hoyland Absent Don Fenton Henderson 'l~llman Lindsey Payne, Board Attorney Doug Hutchinson, CRA Director Annette Gray, Secretary Susan Vielhauer, Controller I. Call to Order Chairman Finkelstein called the meeting to order at 6:30 p.m. TI Roll Call The Recording Secretary called the roll. A quorum was present. III. Agenda Approval A. Additions, Deletions, Corrections to the Agenda None B. Adoption of Agenda Mr. Aguila moved to approve the agenda, Vice Chair Heavilin seconded the motion that carried unanimously. Consent Agenda None V. Public Audience None VI. Public Hearing None 1062 1 Meeting Minutes Community Redevelopment Agency 3anuary 16, 2003 VII. Director's Report None VZZT. Old Business None New Business Consideration of Employment Policy Vs. Employment Contracts for CRA Staff At Mr. Aguila's request, Chairman Finkelstein opened the discussion with a brief history of the issue. He explained that there are three employment positions in the CRA Office. The Director was hired as a contract employee. There are also two staff positions. The Board was moving from independent contractors toward contract employees. In haste, a policy manual was put together and the Board approved it. The manual contained many mistakes. When staff wanted to go onboard as employees rather than independent contractors on January 1~t, the Board asked for contracts to convert them from their independent contractor status. At that time, discussion indicated that staff did not want contracts. Staff worked on the manual in an attempt to correct it. They brought it back to the board with those changes. If accepted, staff would become employees governed under the manual. Chairman Finkelstein explained' that the Board must first make a policy decision regarding whether to move forward with policy manual employees, utilize contracts until the manual is ready or whether to utilize both contracts and the manual. Mr. Aguila questioned how the Board presented the ultimate situation at the time staff was hired. Chairman Finkelstein recalled that the Board wanted to give the employees basic benefits that included health insurance, sick' and vacation benefits. The City's benefits were used as a guideline, but the Board could not afford to offer every benefit the City offered. When Mr. Aguila questioned whether that was clear from the employees' perspectives, Chairman Finkelstein reminded him that there was agreement among the members to go in that direction and the benefits were approved. The two staff members were to be employees of the CRA with benefits patterned after the City and other similar entities. Chairman Finkelstein admitted that he had many questions that he did not think could be answered without the assistance of a professional. Vice Chair Heavilin agreed and explained that she was uncomfortable making a decision of this magnitude without expert guidance from a professional. She admitted that at this point, she didn't even truly understand the difference between a "contract employee" and an "employee". She recommended that a Human Resources consultant be hired to advise the Board on this matter because she only wants to do this one time. 1063 2 Meeting Minutes Community Redevelopment Agency 3anuary' 16, 2003 Attorney Payne explained that a contract document typically contains only the pay, the term and a severance if the contract is terminated short of the term. There is no "for cause" termination clause in a contract. Policy manual employees are set up with a right to some sort of "for cause" termination. A policy manual is like a contract but it has a process for termination. Attorney Payne pointed out that the existing policy manual for the CRA is one that was set up for an organization with many employees. Ms. Hoyland advised that she called other CRAs to obtain information on what they are doing. They had more employees than the Boynton Beach CRA, but all had 10 or less employees. One of the people she spoke with was an employee of the Delray CRA. Originally, all employees were contract employees and their contracts included terms. This became cumbersome on the Board because the contracts were constantly coming back to the Board for renewal. When the person she spoke with was hired, the Delray CRA employment contracts went to a longer term. They have automatic renewals unless someone decides not to renew. They also have a policy manual that they refer to. Benefits such as vacation and sick leave are contained in the policy manual. Even though they are "at will" employees, they are pleased and comfortable with their situations because of the security. In Delray, the CRA piggybacked onto the City for healthcare and the employees can opt into ICMA for pension if they so desire. It was Ms. Hoyland's impression that the Board hired an Administrative Assistant - not a Secretary. Chairman Finkelstein and Vice Chair Heavilin agreed that the Board hired a Secretary with skills that would allow her to move into an Assistant position. Ms. Hoyland thought the discussion at the time involved the Secretary moving into the position of Assistant Director. She requested that staff have an opportunity to express their understanding of what was presented to them. Annette Gray, Secreta~, said she knew she was accepting a Secretary position. However, at the time, one of her questions involved opportunities for growth. There was discussion about the Assistant Director position. When she asked about benefits, she was told that the CRA would mirror the City's benefits. She reviewed the City's benefits on the website and felt they, or something close to them, were acceptable. Mr. Gray said she doesn't care whether she is a "contract" employee or a "policy manual" employee. Her concern is job security and growth opportunities. Although each member of the CRA staff is working out of his/her job descriptions, she would not have a problem with that if there were room for compensation and growth into the true job title. Under those circumstances, she is ready to give 110%. She is not in favor of the existing contract because it is not specific enough. She wants a document that contains details. The document that is ultimately adopted should be specific enough so that if the three current members of the CRA staff leave, it would be possible to attract quality people. She did not accept the position thinking that it was a term position and she doesn't want it to be a term situation. She wants an outlet to air grievances and she wants to be given a warning if she does something wrong. She doesn't want to be fired at will. She believes a policy manual would offer more protection for staff and for the Board. 1064 Meeting Minutes Community Redevelopment Agency 3anuary :1.6~ 2003 ~usan Vielha#er, Controller, agreed with the comments made by Ms. Gray. She wants more details in a document. She pointed out that there is no mention of retirement and she wants a venue for getting problems out in the open. DOUg HutchinsQn~ CRA Director, summed up the comments by adding that none of the CRA staff is against the employment contract. However, when he was interviewed, he was told that the benefits would mirror the City's benefits. The City's policy manual is three times the size of the CRA manual. Staff worked on it and cut it in half. As Director, Mr. Hutchinson said he is concerned about how to handle employee grievances and provide the employees with recourse to get their concerns aired. The healthcare that was approved was a good package. Staff also contacted other agencies and learned that they use hybrids of their City's documents. Staff wants a contract that refers back to a policy manual and puts everyone on the same page. The Board must make a policy decision on how detailed the policy manual should be. Staff would prefer a hybrid between the policy manual and a contract. They want consistency so that they know what to expect. Chairman Finkelstein explained that a Secretary would not normally be a contract employee. The City has moved toward contracts for all department heads; therefore, the Director's position would be a contract position. The other two positions could be either contract or policy manual, or a combination of both. There is no way to put all of the policy manual information in a contract. Furthermore, a great deal of work is .needed on both the manual and the contracts. Chairman Finkelstein said he would have no objection to stating in the contract what the Board wants to give in benefits. The detailed job descriptions, leave and a grievance process could then be handled in the manual. Chairman Finkelstein added that the Assistant Director position would be a contract position. Mr. Aguila felt the Director's position should be a contract position and the others should be policy manual employees. The job descriptions, containing all of the tasks and requirements of the position are important. Ms. Hoyland agreed and pointed out that there is a human element involved now. The Director and Assistant Director positions should be contract positions. All other staff should be employees pursuant to a policy and procedures manual. Ms. Hoyland would be comfortable removing the references to vacation, sick leave, etc. from the contract and instead, inserting a footnote that refers back to a policy manual for this information. There is a lot of information in the existing manual that is not necessary. The job descriptions should not be part of the manual. They need to be included in a separate document. With respect to doing other people's tasks, Hs. Hoyland pointed out that there is crossover in jobs and many times she handles others' responsibilities. Chairman Finkelstein feels the phrase "and any other duties assigned" should be included on all job descriptions because there is a great deal of crossover of jobs in a team environment. He would not want the job descriptions to get too specifics. Ms. Hoyland asked Mr. Hutchinson about his comfort level as a contract employee. Mr. Hutchinson explained that he did not have a problem with it since the CRA was mirroring the City a'nd the City has issued contracts to directors. 4 1065 Meeting Minutes Community Redevelopment Agency 3anuary 16, 2003 Ms. Hoyland suggested hiring a Human Resources professional to review the documents. This person must have experience in municipal government. Chairman Finkelstein agreed. He explained that Attorney Payne has a background in employment law, but she is not a Human Resources professional. So as not to delay the process, Ms. Hoyland suggested hiring a consultant who would provide an answer within three weeks. Chairman Finkelstein reminded the members that all of the contracts were canceled during the December meeting and staff is in limbo at this point even though they are being paid for their work. An interim solution was needed. He suggested altering the existing contracts to add a few of the "bread & butter" items until the manual is reviewed and accepted. Ms. Hoyland suggested reactivating the original contracts for a two-month period, but Chairman Finkelstein pointed out that the staff opposes those contracts because they contain no benefits. Attorney Payne advised that staff is concerned with the start date for the benefits. Mr. Aguila sought a consensus of the Board that the start date is the date each employee started working for the CRA. MotiQn Mr. Aguila moved that the first, date that the employee reported for work is the date that all benefits began to accrue. Ms. Hoyland seconded the motion. Ms. Hoyland confirmed that this motion covered all three CRA employees. Mr. Hutchinson confirmed that this would not be retroactive on withholding tax and FICA. It is simply for the benefit package. Mr. Aguila agreed. Ms. Hoyland pointed out that their start date for healthcare benefits was January 1, 2003. Health insurance cannot be made retroactive. She asked whether the employees would be vested for retirement benefits, Attorney Payne explained that no other contracts mention that. The retirement benefit needs to be looked at carefully. Ms. Hoyland pointed out that if the employees were vested for a year, then the Board and the employees would be liable for payment. There was discussion about having the start date effective for all leave because leave is also vested. Mr. Aguila explained that what he was trying to accomplish with his motion was to provide all of the things that normally start on the first day of employment. Mr. Aguila withdrew his motion and Ns. Hoyland withdrew her second. 1066 5 Meeting Minutes Community Redevelopment Agency .lanuary 16~ 2003 Motion Ms. Hoyland moved that the current employees' start dates be retroactive from the date they were originally hired for sick and vacation leave. Mr. Aguila seconded the motion that carried unanimously. With respect to retirement and life insurance, Attorney Payne recommended having a detailed discussion with the consultant on these issues once that person is hired. As government employees, Mr. Hutchinson said staff needs a retirement program. Therefore, this must be an element that is developed. In his particular circumstance, this would make a big difference in his mind and in his contract. With respect to vesting, Mr. Hutchinson advised that the City says there is no contribution by either side until after a one-year employment period. Mr. Hutchinson requested that the Board members offer their views on the retirement issue and whether or not they were interested in developing this element. Chairman Finkelstein said he would like the HR consultant to direct the Board in this area. Ms. Gray reminded the members that start dates drive vesting into a retirement program, but the earlier motion of the Board did not address this issue. Ms. Hoyland said that when the Board finally addresses this issue, they would make a motion that would include the start date for purposes of retirement. Attorney Payne advised that the Board would have to consider this issue when they consider the entire package. Mr. Aguila stated that the date would go to the date of first reporting. Vice Chair Heavilin wants the consultant to work with the Board on the contract for the Director, the policy manual and the retirement plan. She would like direction on how to set up the retirement plan as well as direction with respect to life insurance. The members reminded Mr. Hutchinson that he was supposed to purchase life insurance. Mr. Hutchinson agreed, but stated that this has not yet been accomplished. Chairman Finkelstein recommended that the Board ask the Board Attorney to find a few HR professionals by the next meeting on February ! 1t~ to redraft the contracts. Ms. Hoyland asked Attorney Payne to gather all of the information and forward it to the members so that they could review each package and be ready to make a decision regarding hiring this person. A special meeting for this issue only should be scheduled and a specific goal should be set so that the consultant is aware of the time frame. Attorney Payne reminded the members that the consultant would need a time flame that is reasonable. Ms. Hoyland pointed out that the consultant should be selected and hired and asked to come back to a February meeting to discuss this issue so that the Board can make a decision in March. When Mr. Hutchinson suggested putting together a selection committee, the Board disagreed and decided that Attorney Payne would interview and hire the consultant so that work could begin right away. 1067 6 Meeting Minutes Community Redevelopment Agency 3anuary 16, 2003 Hotion Vice Chair Heavilin moved to authorize Attorney Payne to interview and select a Human Resources professional consultant immediately. Ms. Hoyland seconded the motion that carried unanimously. Vice Chair Heavilin requested an opportunity to meet with the consultant for the purpose of asking questions. Consensus There was a consensus of the Board members to tentatively schedule a special meeting specifically for this purpose on February 8, 2003. Chairman Finkelstein asked the Board members forward any specific comments or concerns to Attorney Payne as soon as possible. Mr. Hutchinson offered to provide copies of the original and proposed contracts so that the consultant will have a running start. When questioned by Vice Chair Heavilin, the three CRA staff members confirmed that they were comfortable with the decisions the Board had made at this point. Chairman Finkelstein suggested that the staff members forward any other comments or concerns that they might have to Attorney Payne by e-mail. The Board members reviewed their upcoming meeting dates. There are meetings scheduled for February 8m, ~, r~..~,j~.~:Z.,l~ and X. Adjournment Motion Vice Chair Heavilin moved to adjourn the meeting. Mr, Aguila seconded the motion. The meeting properly adjourned at 7:55 p,m. 3anet M. Prainito City Clerk (Two Tapes) (January 16, 2003) 1068 7 MINUTES OF THE COMMUNITY REDEVELOPMENT AGENCY WORKSHOP HELD IN WEST WING, CONFERENCE ROOM C, CITY HALL, BOYNTON BEACH, FLORIDA, ON THURSDAY, FEBRUARY 27, 2003 AT 6:30 P.M. Present Larry Finkelstein, Chairman Jose Aguila Alexander DeMarco Don Fenton Jeanne Heavilin, Vice Chair Michelle Hoyland Doug Hutchinson, CRA Director Lindsey Payne, Board Attorney Absent Henderson Tillman I. Call to Order Chairman Finkelstein called the meeting to order at 6:30 p.m. II. Workshop Chairman Finkelstein suggested the following changes to the agenda: Item B (Way Finding Signage) would be heard first and Item D (Consideration of PBC Convention & Visitors Bureau Board Seat) would be tabled because the Board cannot vote at a workshop. B. Way Finding Signage (addressed out of order) Bob Trescott, a representative of Guidance Pathway Systems, Inc., was present and referred to the design packet that was distributed. The most recent submittal was dated February 4, 2003. Also included in the packet were submissions from January 2, 2003 and December 16, 2002. Chairman Finkelstein explained that he and Mr. Hutchinson met with Mr. Trescott, but the other members have not seen the entire design packet. He requested that Mr. Trescott present a brief overview of how they arrived at the most current design plans. A package of four signs was presented and reviewed. First reviewed was the gateway design, which expressed the design intent for the family of signs. This same concept was applied to "directional/information" signage, "locater "sign, and lastly the street name sign. These signs were presented as Design Option 2, Revised dated February 4, 2003. 1108 Workshop Minutes Community Redevelopment Agency Boynton Beach, Florida February 27, 2003 There were four directional/information signs presented that were color coded to represent various districts. Also, each of these four signs had a different rendering of the City's logo on top of the sign, which members reviewed at length. Also included in the design package were the color palettes and typography. Mr. Aguila inquired about the cost of the various signs. Mr. Trescott explained that anywhere a message is contained on the sign, it would be made from sheet vinyl and it would not make much difference what is put on the sign because you are paying for the sheet vinyl. Mr. Aguila inquired if the cost would vary if the sign was filled at the top or the bottom with color. Mr. Trescott noted that these sections of the signs to which Mr. Aguila referred are made from laser cut aluminum, and it would not really matter because as in the case of the vinyl, you are paying for the aluminum. With regard to the directional/information sign, Mr. Aguila preferred Option B that had the top half of the sign filled in. He felt that this displayed the district color better. Mr. Trescott also pointed out that some of the colors in the signs match the colors of the street lamps already in place. With regard to the street sign, members preferred the sign that did not include the City's logo on the opposite side. Ms. Hoyland suggested puffing the logo in the blade of the sign. Mr. Trescott stated that there is a national guideline to make street names as large as possible and if the logo were placed in the blade of the sign, this could not be achieved. It was agreed that the arch on the street sign would be filled in with the appropriate district color. Members chose street sign unit #3 with color in the arches. With regard to the color option, after discussion, members chose Color Option B. Chairman Finkelstein inquired about signs for special events. Mr. Trescott said that any of the large signs could be used for special events by utilizing removable panels. Vice Chair Heavilin inquired why the signs were single sided, as opposed to double sided. Mr. Trescott said that double sided signs were possible on smaller signs, but it would not be worth doing on a major roadway because people would not see a sign on the other side of the read. Mr. DeMarco suggested putting advertising on the signs. Mr. Hutchinson pointed out that there is a prohibition against banners in the City. Also, Mr. Trescott noted that most of the signs would be in the public right-of-way and this could cause problems with the DOT and the County. 1109 2 Workshop Minutes Community Redevelopment Agency Boynton Beach, Florida February27,2003 Next discussed was the typography. Mr. Trescott said it was important to have the lettering in the simplest possible typeface. Chairman Finkelstein requested that Mr. Trescott bring back another set of drawings based upon tonight's directions. Mr. Trescott reviewed on a map of the CRA District, as well as other areas in the City, the location for all possible signage. Chairman Finkelstein requested that Mr. Trescott revise the map to include only the CRA District. Vice Chair Heavilin asked Mr. Trescott to come back with more colors and Ms. Hoyland said that she would like to see some red. Members agreed that they were satisfied with the two shades of blue and the white as the base colors. Mr. Trescott said that how a color looks on a swatch, does not always come the same when it is applied. Chairman Finkelstein requested that Mr. Trescott bring in some color chips. It was decided to go with Design Option 2 as displayed on Family of Signs, Revised 2-4-03, but going with Option #B for the informational/directional sign and the blade sign would not have a City logo on it. Vice Chair Heavilin inquired about the price. Mr. Hutchinson responded that this would not be known until the signs are designed. At that point Guidance Pathway Systems will come back with prices based upon the designs chosen. Mr. Trescott felt when he came back, he should be able to provide some price estimates with options. A. HR Presentation (addressed out of order) Attorney Payne stated that she received three written quotes and chose Management Partners, Inc., and Lord Barefoot was present on their behalf. Attorney Payne chose this company not only for their price, but because they had experience with governmental agencies. She stated that she furnished them with the CRA's existing policy, the City and Delray Beach's policies, the three non- executed employment contracts with the employees, and some background information. From what Attorney Payne furnished, the document presented was prepared. Attorney Payne received the document on Friday and she and staff reviewed it. Staff's comments are contained in green on the document. Lorri Barefoot stated that she works for HR Management Partners in their Palm Beach County Office located at 3190 Mariner Way, Lantana, Florida 33462. Ms. Barefoot noted that the project was handled at their corporate office, but she was asked to attend tonight's meeting to present an overview of what was done and to submit their recommendations. If she is unable to answer any questions, she will refer them to staff. lllO 3 Workshop Minutes Community Redevelopment Agency Boynton Beach, Florida February 27, 2003 Ms. Barefoot stated that she only reviewed one employment contract and did not receive the others. Since submission of the policy, and after speaking with Attorney Payne, she has determined that the Board is looking for a more streamlined version of the manual and that some of the areas in the manual do not apply to the CRA. She pointed out that they were asked to compare the Executive Director's pay classification and noted that her company conducts an annual online salary survey with the Florida Public Personnel Association and the Florida League of Cities, which was just recently completed. Therefore, the data submitted is current. The salaries surveyed were comparable to the Executive Director in terms of the nature and complexity of work, educational credentials and experience. Those jobs surveyed were Development Directors and Planning Directors. It was found that the salary range used by the CRA was relatively narrow at 19% and usually ranges in public sector jobs range between 35% to 50%. Also included with the Policy is a three page summary memo that highlights certain areas that they wanted to bring to the attention of the Board. She pointed out that even though the Executive Director's salary is a narrow range, the mid and max range were in line with the marketplace, but the Board may want to consider restructuring a new minimum. Ms. Barefoot pointed out that a secretary position is not normally an exempt position and they removed all references to the exemption status. The Federal Labor Standards Act is very hard on companies that have an non-exempt employee working in an exempt status. Next reviewed was the benefits package, which was closely aligned with the City of Boynton Beach, which they consider appropriate since the CRA is a sister agency with the City. Ms. Barefoot did have concerns regarding the retirement plan. They do not recommend implementing a pension plan, but she felt that there was a need to look at the current IRA accounts and the 5% match. Chairman Finkelstein pointed out that the benefits are proposed and have not been implemented. Ms. Barefoot did point out that IRA accounts have specified maximums and are different than what are offered in other types of retirement vehicles. She felt that the aim of the Board was to find a comparable benefit in lieu of a pension benefit program. She said that they reviewed the Executive Director's contract and pointed out that they are not accustomed to seeing employment contracts in the public sector, except for a County Administrator, City Manager, and possibly fire and 1111 4 Workshop Minutes Community Redevelopment Agency Boynton Beach, Florida February 27, 2003 police chief positions. They have not seen contracts involving directors and department head levels within a municipal and county government. Ms. Hoyland inquired when HR Management did their research, did they look at other CRAs, and Ms. Barefoot said that this was not done. Chairman Finkelstein said he could assist HR Management on where to obtain this information. She also noted that all CRA employees are under contract, which is highly unusual, and those contracts provide for a severance of 150 days. It was decided to review the entire document, beginning with the cover letter. Chairman Finkelstein referred to the first paragraph on page 2 in the first two full sentences that read, "It should be noted that the minimum salary offered is substantially higher than the market data report: 18%. Therefore, it is the minimum values and the midpoint values that would be considered for modification." Chairman Finkelstein would like HR Management to research other CRAs and the Florida Redevelopment Association to ensure that this CRA is comparable to other CRAs. He would like all positions researched. Chairman Finkelstein also requested that the research cover an Assistant Director position. He pointed out that the Director and Assistant Director would be contract positions and the Controller, Administrative Assistant and Secretary would be employees. Also, if there were employee positions that were missing, Chairman Finkelstein would like those included. Mr. DeMarco pointed out that when doing the research, the population of the City should be taken into consideration and the activity of the CRA. It would not be fair to compare an inactive CRA to an active one, such as Boynton Beach's CRA. Mr. Fenton did not think it was necessary to perform pay scale research. He said that the CRA sets the pay scale and suggested that the minimum figure be lowered and the maximum pay be increased. Ms. Hoyland complimented HR Management for their research, which was very good, but noted they are comparing the CRA to municipal departments. She felt that CRA Director's receive a higher salary than a Planning Director and she did not have any concerns regarding the pay scales because there is already a contract in place for the Director. She also pointed out that CRA employees are contract employees and she also did not think that there were policy procedures for CRAs. She would like to have research done that would be more applicable to CRAs and not municipalities. Vice Chair Heavilin pointed out that in terms of future recruitment, there needs to be guidelines and policies. 1112 5 Workshop Minutes Community Redevelopment Agency Boynton Beach, Florida February 27, 2003 Attorney Payne inquired if it was the Board's consensus to look at all the positions and compare them to other CRAs. Ms. Barefoot will have management contact Attorney Payne for further direction. Mr. Fenton would also like HR Management to determine what the proper retirement plan would be for CRAs. Attorney Payne responded that this is a financial question, and she did not think that an attorney or a human resource person could address this. Chairman Finkelstein asked if there was someone the Board could go to for this information. Chairman Finkelstein suggested contacting the City for assistance so that they can come up with a good retirement program. After HR Management completes their research, Chairman Finkelstein requested that they furnish the Board with a new range of parameters for all the positions. On page 3 of the letter, under "Contractual Obligations" in the first paragraph, HRMP recommended that in the Director's contract, Article 4, Section 4.6, Paragraph 3 and Section 4.8, Item F be removed because they apply to non-exempt hourly wage job classifications. Chairman Finkelstein agreed with this recommendation. On page 3 of the letter, in the second paragraph under "Contractual Obligations", Chairman Finkelstein felt that the 150-day severance pay is way out of line. He did not think that a person who resigns should be given 150 days of severance pay and the same reason would apply if one side unilaterally terminated the other side. This language conflicts with the current language in the manual. Ms. Hoyland inquired how much of the revised manual was the result of garnering information from municipalities. Ms. Barefoot responded that the manual was revised in accordance with regulatory standards governing employment law, and not necessarily after a public sector agency or private entity. On Page 4 of the Contract in Section 1.5 "Definitions", Attorney Payne inquired if the Board wanted to have "probationary employees" and for how long. This would not apply to the Director. Members agreed that they would like employees to have a probationary period. Ms. Barefoot recommended 90 days, which the Board agreed to. This same time period would also apply to "promotional probation" employees. Mr. Hutchinson thought that 30 days would be sufficient for promotional probation. Ms. Barefoot 1113 6 Workshop Minutes Community Redevelopment Agency Boynton Beach, Florida February 27, 2003 stated that the promoted employee should be provided with an opportunity to go back to their old position within a certain time period. Members agreed that 90 days would apply in all circumstances. On page 6, "The Human Resources Employee" needs to be identified and that position should be inserted wherever "Human Resources Employee" is mentioned. It was decided to use "CRA Executive Director or designee." Attorney Payne recommended that on Page 8, Section 2.5, "Pre- Employment Controlled Substances Screening" be deleted in its entirety. She pointed out that public employees cannot be pre-screened, which was determined by a recent court decision that states this cannot be done. The only drug testing allowed is "reasonable suspicion drug testing," unless the position is safety-sensitive or DOT regulated. On page 9, Section 2.6 "Background Investigations" Ms. Barefoot inquired if this should remain, and Attorney Payne said that this language should be left in. On page 15, Section 4-5 "Overtime/Compensatory Time," Attorney Payne inquired if a definition of a workweek was ever established. Chairman Finkelstein pointed out that the normal hours of operation are 8:00 a.m. to 5:00 p.m. with a one-hour lunch, making the workweek 40 hours. It was agreed that the workweek would be 40 hours. On page 16, Section 4-6 "Termination Pay," the 150 days is also stated. Vice Chair Heavilin pointed out if someone is fired for cause there should be no severance pay. Chairman Finkelstein recommended some kind of severance upon mutual agreement, but not 150 days. Mr. Hutchinson suggested 90 days upon mutual agreement. Ms. Barefoot said that she could determine this when she researches other CRAs and will come back with some new language. On page 23, Section 16 "Employee Assistance Program and Resource Information," Attorney Payne inquired if the Board wanted to maintain this type of Program, which could be piggybacked off the City's Program. Ms. Hoyland thought that this should be deleted, since these services are available through most health insurers. Chairman Finkelstein would have no problem if the CRA piggybacked this program off the City. Ms. Vielhauer will contact Aetna Insurance to see if they offer this. On page 30, Section 6-8, "Disability Leave," Attorney Payne inquired what type of disability the Board would like to provide. Chairman Finkelstein would like to know what would be typical for an agency their size. Ms. 1114 Workshop Minutes Community Redevelopment Agency Boynton Beach, Florida February 27, 2003 Barefoot stated she would research this with other CRAs to determine this. Chairman Finkelstein thought that nine months was a long period of time. Ms. Barefoot responded that disability periods usually go a lot longer. She also stated that a lot of organizations do not provide disability insurance for their employees. They offer it as a benefit to be paid by the employee. Chairman Finkelstein pointed out that Section 6-9, "Leave without Pay" ties in with the preceding paragraph and that professional guidance should be sought to answer these questions. Ms. Barefoot said she would refer Sections 6-8 and 6-9 to management for further guidance. On page 31, Section 7, "Code of Conduct & Disciplinary Provisions," Attorney Payne stated that this entire section needs to be streamlined and recommended that it be totally redone. Ms. Barefoot will refer this section back to management. Chairman Finkelstein suggested in Section 1-3, "Approval of Policies," that the CRA Board should have the authority to make the final decision on interpretations. Chairman Finkelstein, requested that in Section 1-4, "Amendment to Policies", the words "unless otherwise specified in this document" be deleted. Chairman Finkelstein questioned the language in Section 1-5, "Contract Employee." Attorney Payne stated that this language was okay. Chairman Finkelstein questioned the definition of "Employment Contract" in Section 1-5. Attorney Payne said that she would clarify the language. The definition of "Full-time Employee" in Section 5-1 needs to be changed to forty (40) hours per week. Mr. Hutchinson asked for clarification on "eligible" in Section 1-5 and asked if staff or the Board would prepare the list. Attorney Payne will clarify the wording. The definition of "Workweek" in Section 1-5 also needs to be changed to 40 hours. In Section 1-6, "Organization for Human Resource Administration" on page 5, Paragraph A states; "Consider the employment policy manual for approval of the CRA after receiving a recommendation from the CRA staff. Chairman Finkelstein suggested deleting the words "of the CRA" and 1115 8 Workshop Minutes Community Redevelopment Agency Boynton Beach, Florida February 27, 2003 "adding the word "and adopt" before the word "Consider." The sentence would then read, "Consider and adopt the employment policy manual for approval after receiving a recommendation from the CRA staff." Ms. Hutchinson requested that Paragraph B in Section 1-6 be changed. It was agreed to change the wording to read, "Approve a pay plan as needed." For consistency, the Board should be referred to as the "CRA Board." Chairman Finkelstein requested that the "s" in "Manuals" in Paragraph C, Section 1-6 be placed in parenthesis, "Manual(s)." ~ On Page 6, Chairman Finkelstein requested that Section L. be deleted. Vice Chair Heavilin questioned Section 2-3 that states only employment applications would be accepted when a vacancy occurs. Mr. Hutchinson responded that a person could submit a resume, but they would only be permitted to fill out an application if an opening existed. Chairman Finkelstein requested that the first sentence in Section 2-8 be changed to read as follows, "Once the interview process has revealed a suitable applicant and the reference checks and screening steps appear satisfactory, the CRA Director will be notified in order that further consideration of the candidate may continue." Attorney Payne suggested that the next sentence in that paragraph be deleted. Chairman Finkelstein had a question in Section 3-3 A., "Performance Evaluations" in the last sentence that reads, "All decisions of the CRA' Director are final." In this case, Chairman Finkelstein inquired how would the appeal process apply. Mr. Hutchinson noted that throughout the agreement there is a problem regarding hierarchy, since there are only three people in the office. Attorney Payne said that this is a structural issue that she would address. Attorney Payne pointed out that this particular section deals with an appeal of an employee's evaluation, not discipline. Vice Chair Heavilin noted that in Section 3-3 C., "Frequency of Performance Evaluations" does not include annual evaluations. Section 4-5 dealing with Overtime/Compensatory Time. Attorney Payne felt that this should not be a Board decision. It was agreed that overtime hours would be paid in compensatory time. 1116 9 Workshop Minutes Community Redevelopment Agency Boynton Beach, Florida February 27, 2003 On Page 17 in Section 4.6, "Termination Pay", Chairman Finkelstein had a question regarding the sentence that reads "Rights and obligations upon termination due to disability or death of the employee or their guardian or personal representative shall be entitled only to the following compensation benefits:" Attorney Payne will revise the wording. In Section 5-3 "CRA Equipment," Mr. Hutchinson said that monitoring phone calls would not apply. He would, however, like the ability to monitor, at times, the items that the CRA is responsible for and could be audited for that would qualify as public record. Attorney Payne will revise the wording. Chairman Finkelstein requested that Section 5-7 "Resignation" be reworded. In Section 5-5, "Political Activity", Chairman Finkelstein requested that the words "or posted about the CRA premises" be added at the end of the last sentence in the first full paragraph. Section 5-8, "Drug Free Workplace" needs to be redone entirely. In dealing with Section 6-1 "Vacation Leave", Vice Chair Heavilin felt that employees should have some vacation in the first year of employment. Vacation time will begin at the hire date. Ms. Barefoot also recommended two weeks vacation time after one year. Ms. Hoyland recommended capping vacation time at 240 hours and if an employee does not use the time, they would lose it. Mr. Fenton recommended that vacation time should be two weeks after one year; three weeks after five years; and four weeks after ten years. Vice Chair Heavilin asked that this be clarified. Mr. Aguila responded that an employee would receive - After 1 year, but less than five years of service - After 5 years, but less than ten years of service - Ten years or more - 2 weeks 3 weeks 4 weeks Mr. Hutchinson inquired if, during the first year, a person could accrue vacation time or would it be available on the anniversary date. Mr. Aguila suggested that a person could accrue vacation time upon hire, but it would not be available until after the first 90 days. Vice Chair Heavilin suggested that Veterans Day should be a floating holiday. Mr. Hutchinson did not think that setting holidays should be part of the Policy. Setting holidays could be done annually at the beginning of 1117 10 Workshop Minutes Community Redevelopment Agency Boynton Beach, Florida February 27, 2003 the year. The reason Vice Chair Heavilin suggested the floating holiday was to provide employees an opportunity to have a day they could use for personal use or for a religious holiday. C. Discussion on CRA Logo Design, Website and Brochure and Direction for Possible RFQ It was agreed that this item would be addressed at a future meeting. III. Other Items None IV. Adjournment There being no further business, the workshop properly adjourned at 9:25 p.m. Respectfully submitted, Barbara M. Madden Barbara M. Madden Recording Secretary (March 3, 2003) 1118 11 MINUTES OF THE CONTINUED REGULAR MEETING OF THE COMMUNITY REDEVELOPMENT AGENCY HELD IN COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA ON THURSDAY, FEBRUARY 20, 2003 AT 6:30 A.M. Present Larry Finkelstein, Chairman Jose Aguila Alexander DeMarco Jeanne Heavilin, Vice Chair Michelle Hoyland Henderson Tillman Absent Don Fenton I. Call to Order IV. A. Motion Mr. Aguila moved to remove the item from the table. Chair Heavilin and unanimously carried. Doug Hutchinson, CRA Director Lindsey Payne, Board Attorney Motion seconded by Vice The following changes, additions and corrections to the Investment Policy were made: 1090 Chairman Finkelstein called the meeting to order at 6:30 p.m. II. Roll Call The Recording Secretary called the roll and declared that a quorum was present. II1. Director's Report. A. Boynton Beach Boulevard Study RFQ B. Update on RFQ Boynton Beach Boulevard Design/build C. Relax Inn Temporary Fencing Update Included in the agenda packet. Mr. Hutchinson reported that they have already received one submission on the RFQ. Old Business: Investment Policy and Florida Statutes (tabled) Meeting Minutes Continued Regular Community Redevelopment Agency Meeting Boynton Beach, FL February 20, 2003 11. and"issued." 1. Chairman Finkelstein asked Attorney Payne if she had any comments or changes. She said that she reviewed the Policy and it meets legal compliance with the statutes. 2. On Page 981, in the third paragraph of Ms. Vielhauer's memorandum, Chairman Finkelstein suggested that the sentence that reads "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" be used as the definition for "available funds to be invested with this policy." He said that he could find no specific definition for "available funds" in the Policy. This will provide for consistency throughout the Policy. 3. On Page 983, in the third paragraph under "Investment Objectives", the sentence that reads, "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." Chairman Finkelstein requested that the words "in an orderly manner" be deleted. 4. Chairman Finkelstein suggested substituting the word "budget" for the words "reasonable anticipated funds flow requirement." 5. Chairman Finkelstein suggested that the word "a" before the words "primary liquidity" be deleted in the second sentence of that same paragraph, as well as the "a" before "secondary investment accounts" in the same sentence. The sentence would, therefore read: "The CRA will keep primary liquidity of 3-months operating funds in the operating account and secondary liquidity of 6 additional months in secondary investment accounts." 6. On Page 984, second paragraph, Chairman Finkelstein pointed out that "current operating funds" needs to be defined and he suggested deleting the words "CRA's investment portfolio net book value rate of return" and substituting the word "yield." 7. On Page 984 in the paragraph entitled "Prudence and Ethical Standards," Chairman Finkelstein asked Attorney Payne if this language was okay and she stated that it was. 8. In the italicized paragraph on Page 984, in the last line, the word "form" should be changed to "from." 9. On Page 984, under "Listing of Authorized Investment" an "s" should be added to "Investment" to read "Investments." 10. On Page 984, in the next to the last paragraph, the definition of "available funds" needs to be added. On Page 985, in the first line of Paragraph C, Chairman Finkelstein requested adding the word "securities between the words "callable" 1091 2 Meeting Minutes Continued Regular Community Redevelopment Agency Meeting Boynton Beach, Ft. February 20, 2003 12. Mr. Aguila pointed out that in the same paragraph "Untied" should be "United ." 13. On Page 987, Paragraph G, in the third line that reads "which are eligible for purchase by the Federal Reserve System," Chairman Finkelstein suggested adding a period after the word "System" and begin the next sentence with "A." 14.Vice Chair Heavilin noted that the word "or" in the next sentence beginning with "A" should be "of. 15. Chairman Finkelstein requested that the word "by" should be inserted before the words "Standard & Poor's." 16. On Page 988, in Paragraph 3, in the third line the word "Repurchased" should be changed to "Repurchase." 17. On Page 988, in the third paragraph, last sentence, Chairman Finkelstein asked the Board if they agreed to the 2% requirement and there was a consensus to leave the 2% requirement. Chairman Finkelstein suggested that the 2% be defined. Ms. Vielhauer thought it would be highly unlikely that they would ever get involved in repurchase agreements. Also, the approval by the Executive Director will remain. 18. In the Paragraph entitled "Maturity and Liquidity Requirements" on Page 988, Chairman Finkelstein requested that the words "current operation funds" needs to have the approved definition of the funds inserted. 19. On Page 989 in the section under "Authorized Investment Institutions and Dealers", in the first sentence, it needs to be determined who the "authorized CRA staff would be and who would authorize them." Ms. Vielhauer stated that it would usually be the controller and the Board agreed to this. Chairman Finkelstein suggested adding the words "Board approved" before "Investment Advisors" in the same sentence. 20. On Page 990, in the first paragraph under "Competitive Bidding," Chairman Finkelstein noted that the word "contact" should be changed to "contacted." 21. In the fourth line, in the second paragraph on page 990, the word "on" should be changed to "of." 22.On Page 990, under the paragraph entitled "Internal Controls, first sentence, the words "there to" should be changed to" thereto." 23. In the same paragraph, in the fifth line, the word "and" should be added between the words "parties" and "imprudent." 24.Vice Chair Heavilin noted that in the second paragraph under the heading "Internal Controls" the word "ensue" should be changed to "ensure." ]092 3 Meeting Minutes Continued Regular Community Redevelopment Agency Meeting Boynton Beach, FL February 20, 2003 25. On Page 990 under "Continuing Education" the words "CRA Staff" should be deleted and the word "Controller" substituted therefore. 26. On Page 991, Chairman Finkelstein suggested that the "comma" between the words par value and market value in the fourth line be deleted. 27.Vice Chair Heavilin suggested that in the first full paragraph on Page 991 the words "CRA Staff" be deleted and the word "Controller" substituted therefore. 28. In the next sentence in the same paragraph, Chairman Finkelstein suggested inserting a "comma" after the word "to." 29.Vice Chair Heavilin noted that the word "assess" on Page 991 in the Paragraph entitled "Derivatives and Reserve Repurchase Agreements" should be changed to "assets." Chairman Finkelstein thought that they needed a long-term plan. Mr. Hutchinson reported that staff would be preparing a five-year budget. Chairman Finkelstein asked the Board if they wanted to approve the Policy tonight or have it come back with the changes. Mr. Tillman requested that when the Policy is brought back to the Board, he would like to get the members' feedback prior to the meeting in order to avoid so much time being spent on.one item. Vice Chair Heavilin asked Ms. Vielhauer if the courses she would be taking were prescribed courses under the SBA. Mr. Vielhauer responded that this is a legal requirement under Florida Statutes. Ms. Vielhauer said that she already is certified for eight hours of continuing education on investing There was a consensus to bring the Investment Policy back to the next Regular Meeting. B. State Board of Administration (SBA) (Tabled) Mr. Hutchinson suggested that this be approved after the Investment Policy is approved and that the item be tabled. There was a consensus to leave the item on the table. Property Acquisition Status, Invoice and Consideration of RFQ for Real Estate Services Chairman Finkelstein stated that after he received Mr. Vielhauer's letter to the City of Boynton Beach and The Urban Group, Inc. regarding their invoice for $5,100, he felt that it needed clarification. Mr. Aguila felt that the Urban Group 1093 Meeting Minutes Continued Regular Community Redevelopment Agency Meeting Boynton Beach, FL February20,2003 did perform some of the work for which they should be paid, but that the information they furnished was not complete. Mr. Tillman stated that these items had been previously approved, which is noted in the Board's minutes of November 12, 2002, which he read. Further, Mr. Tillman referred to Mr. Greene's letter of May 21, 2002 referencing CRA Task Authorization No. Two to Mr. Nardi authorizing the Urban Group to proceed with the property acquisitions at a price not to exceed $26,250. The letter further stated, "in the event certain milestones are not reached, we would expect that your invoice would reflect the lower amount. In this particular case the CRA Board has directed that you secure for their approval, three bid proposals for appraisals, prior to proceeding with subsequent tasks under this authorization." Mr. Tillman referred to the Board's minutes of June 11, 2002 wherein it referenced CRA-02 Task Authorization and Mr. Nardi reported that he had obtained the appraisals and copies of the quotations were included in the agenda packet. Further along at that meeting there was a motion, which Mr. Tillman read, confirming what the Urban Group was charged with. Mr. Tillman referred to the motion made at the June 11,2002 Board meeting that directed "the Urban Group to do some background work on the three parcels, survey like commercial parcels, obtain a cost per square foot of similar properties, determine the tax-assessed valuation, and obtain comparable sales information. When this investigation is complete, the Urban Group will approach the owner, determine his or her willingness to sell and at what price. If the price is reasonable, the Board could obtain an appraisal and perform due diligence at that time. If the owner would be willing to enter into a contract, that contract could be presented to the Board for ratification. The contract should be a regular sales contract and not an option contract." This motion was seconded by Mr. Aguila and carried 5-0. Mr. Tillman asked why this item has stalled since it was already approved. Chairman Finkelstein said that he never saw any of the documents that the Urban Group submitted or supposedly submitted. The only document that Chairman Finkelstein ever saw was contained on Page 1012 of the agenda, which briefly outlines what the Urban Group did concerning these properties. He pointed out that all the things that the Board wanted done were never done. Mr. Tillman pointed out that the letter to Mr. Nardi where it states that the properties were not authorized by the CRA were in fact authorized. Further, Mr. Tillman felt that the bill did not belong to the CRA.' Chairman Finkelstein said that he merely questioned the invoice and asked staff for an explanation of the bill. He did not expect his comments to generate all this paperwork. Mr. Tillman asked staff for a status of the properties contained in the Nardi invoice. Mr. Hutchinson responded that the work done on these properties is 1094 5 Meeting Minutes Continued Regular Community Redevelopment Agency Meeting Boynton Beach, FL February 20, 2003 contained on page 1012 of the agenda. Mr. Aguila referred to page 1014 in the agenda packet. He questioned what has the Urban Group done on page 1012 that represents dollars on page 1014. Mr. Aguila was not saying that the Urban Group has done nothing, he wants to know what they have done. Mr. Greene referred to Task Authorization No. Two (page 1014) and noted that there are two milestones that the Urban Group is requesting payment under; milestone #1 and milestone #2. The first milestone is creating the set up, which would include creating a parcel file, appraisal, title review and initiation of negotiations. Mr. Greene .felt that based upon the information furnished, this has been done. Mr. Aguila inquired why Mr. Nardi was not present, if the appraisals were done. Mr. Greene said that there was no reason for Mr. Nardi to be present tonight. Mr. Greene did not think that the appraisals were done because the Board did not want him do the appraisals. Chairman Finkelstein did not think that $5,100 worth of work was done and the Board needs to vote and determine how much they want to pay. Mr. Hutchinson pointed out that he was not onboard when the CRA contract was signed, and he is not sure what information the CRA staff should be receiving. Mr. Greene pointed out that the Urban Group was retained by the City and was also retained with the understanding that they could be used by the CRA. This means when they do work for the CRA, the CRA would pay them and give them direction. The Urban Group functions as the City's real estate arm, since the City has no real estate staff. Mr. Greene said that there is no reason for the Urban Group to turn over their file until they are done, but they do provide progress reports. Mr. Greene pointed out that their statement sets forth various milestones. He had informed the Urban Group that the Board was very specific and that they would only be paid for the work they performed. In looking at milestone #2, it states that the activities include negotiating sales contract through CRA execution or determination of unwilling seller and this what has been done. Their bill includes what they were told to do by the Board and is included in the proper milestone. Mr. Greene felt that they have done what they were directed to do and should be paid. The Urban Group will not go any further than milestone #2 unless the Board wants them to. They have performed no appraisals because the Board told them not to, but they have made a determination of an unwilling seller, which is included in milestone #2. Because the members had so many questions, Mr. Greene suggested that the Urban Group be requested to provide a breakdown of the specific activities on each of the parcels. Vice Chair Heavilin requested that the Urban Group provide them with a breakdown of'their services. 1095 6 Meeting Minutes Continued Regular Community Redevelopment Agency Meeting Boynton Beach, FL February 20, 2003 Motion Ms. Hoyland moved to table with direction to staff that they be furnished with a specific status report from the Urban Group as to what the current status is on these three properties that they are requesting payment on. Motion seconded by Mr. Aguila and unanimously carried. Chairman Finkelstein suggested not addressing the item for consideration of RFQ for Real Estate Services until the issue with the Urban Group is resolved. Mr. Hutchinson noted that the contract involved the City before he came onboard and asked if the Board would like to have its own contract. Chairman Finkelstein felt that any contract that the CRA is a party to, the CRA should be first party and not act through another party. He would like the information, invoicing and backup sent to staff. Motion Vice Chair Heavilin moved to table the consideration of an RFQ for Real Estate Services. Motion seconded by Ms. Hoyland and unanimously carried. V. New Business Chairman Finkelstein asked if the Board wished to move Item G (Heart of Boynton Study Update) to be heard first under New Business. Motion Mr. Aguila moved to move Item G. (Heart of Boynton Study update) to be heard first under New Business. Motion seconded by Vice Chair Heavilin and unanimously carried. G. Heart of Boynton Study Update (addressed out of order) Mr. Greene asked members to refer to his memorandum dated February 18, 2003 entitled "Heart of Boynton - Continuation of Phase One Property Acquisition." At the CRA meeting on December 10, 2002 the Development staff and the consultant, JEG Associates made certain recommendations regarding five non-residential parcels near the intersection of North Seacrest Boulevard and MLK Boulevard. At that time the City staff pointed out the importance of this intersection for initiating the redevelopment area in the Heart of Boynton. At the Board's direction, at the December meeting, City staff was ready to make a formal recommendation that the CRA undertake the acquisition and clearance of additional non-residential properties in this area. 1096 7 Meeting Minutes Continued Regular Community Redevelopment Agency Meeting Boynton Beach, FL February 20, 2003 These properties, in conjunction with the City's efforts to acquire residential properties in the same general area, will create a new parcel of approximately 4.7 acres located east of Seacrest. This area would be suitable for mixed-use development and a corresponding parcel of approximately 5.3 acres west of Seacrest would be created to be used for single-family residential development. The 4.7 acre parcel would be used for a single three or four story mixed-use development to contain approximately 50,000 to 60,000 square feet of commercial, retail and office space and 80 to 90 dwelling units, with parking for up to 200 vehicles. The 5.3-acre parcel west .of Seacrest is intended to create a new neighborhood that would consist of approximately 25 single-family homes grouped around a cul-de-sac that would be supported by the amenities of the existing Poinciana Elementary School and the completely refurbished Sara Sims Park. It is intended that this would give the City a highly visible image and set a new quality standard for the community. Staff is requesting that the CRA Board take the following specific actions: · "In addition to those properties previously approved for acquisition, authorize its staff to arrange for appraisals to be conducted on all privately held non-residential parcels designated in the enclosed attachment and identified on the enclosed map. · 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. Tillman asked how much property was involved, and Mr. Greene stated that it would be approximately 1'3 acres that would include the refurbished Sara Sims Park. Referring to the map attached to Mr. Greene's memo, the areas in yellow are properties that the City will be directly acquiring, which are residential properties. The City intends to deal with the residential properties because the City is proposing to use Federal dollars. In order to do this the City must comply with the Uniform Relocation Act that provides certain benefits to property owners and renters. Staff felt that the CRA Board would not want to become involved in the relocation process. Therefore, the non-residential properties will be acquired by the CRA. This would be the first phase of the revitalization of this entire community. 1097 8 Meeting Minutes Continued Regular Community Redevelopment Agency Meeting Boynton Beach, FL February 20, 2003 Chairman Finkelstein asked how the City could come up with the funds to purchase these properties. Mr. Greene responded that the City receives approximately $600,000 in Community Development Block Grant Funds. The City intends to leverage this money to approximately $2.5 million to $3 million in a Section 108 Loan. The CDBG allocation acts as the collateral for the loan. Staff has also spoken to the Local Initiative Support Corporation (LISC) that provides a broad range of services and staff anticipates that the City will be entering into a contract with them for the City's portion of the project. Chairman Finkelstein asked if this has been before the Commission, and Mr. Greene responded that it has not. Staff wanted to bring this to the CRA before it went to the Commission. If the Board approves this approach, the next step would be to go to the Commission. Chairman Finkelstein inquired why the Plan does not encompass the full block between MLK and NE 11t~ that was done on the south side and would there be enough depth for redevelopment. Mr. Greene responded that this decision was made during the Heart of Boynton planning process to stop at the alley between th th 10 and 11 . Mr. Greene does not envision that this half block would be an obstacle to development of the entire area._ ,/j.,/. ;_ ,A~A Mr. Aguila asked what the CRA's b/~dget was for property acquisition, and Mr. Hutchinson responded $1 million( Mr. Greene reported that staff has had conversations with the Urban Group and anticipates receiving a proposal from them that would include an estimate to do the acquisition and the relocation. The biggest cost to the City is relocation, not acquJsJti°n of the property, which Js where LISC comes in. Ms. Hoyland inquired if the negotiations with the Urban Group included the parcels that the CRA would be purchasing. Mr. Greene stated that the City would be using the Urban Group for the acquisition of their parcels. He also pointed out 'that it would be advantageous if the CRA also utilized the Urban Group. Mr. DeMarco would like to see the project move forward as soon as possible and thinks it will be great for the City. Mr. Greene said that last week they sent out 70 letters to property owners in the area indicating that it was the intent of the City as part of the Heart of Boynton Plan to initiate acquisition of their property sometime within the next 12 months. Mr. DeMarco stressed that it was important to keep the affected residents apprised of what is going on. Chairman Finkelstein said that he would like to see the assessed value of the properties under consideration for purchase. Mr. Greene expressed concerns about speculation occurring and that is why he Wants to move forward with the estimates as soon as possible. 1098 9 Meeting Minutes Continued Regular Community Redevelopment Agency Meeting Boynton Beach, FL February 20, 2003 Chairman Finkelstein opened up the meeting to the public. Kevin Ballard, 5631 Cedar Lake Road, Boynton Beach asked what the City paid for Morey's Lounge, and Chairman Finkelstein said that the City purchased this, not the CRA. Also, Chairman Finkelstein was not aware of what was paid for that property and that it has no effect upon the properties under consideration. Mr. Ballard asked what the price was for the Relax Inn and was informed it was $900,000. He pointed out that the properties under consideration are owned by people who have worked hard all their lives and that this should be taken into consideration. Also, he questioned where people could go to purchase comparable property at the same price the City purchased their property. He also had concerns that the prices of the homes in the new development would be too high for the current residents to purchase. He urged that the City be fair when they purchase the properties. Mr. Greene responded that the City is proposing to purchase the residential properties because the City will be using Federal dollars and complying with the Federal Relocation Act. He pointed out that if the City purchased a 3-bedroom house for $80,000, that house could not be duplicated in Boynton Beach. If that person finds a 3-bedroom house for $120,000, the City will move them into the $120,000 house and the homeowner still would not have a mortgage. The City will pay the difference of what the house is worth and the purchase of a new house. The Federal Relocation Act ensures that people have to be made whole and cannot end up worse than when their property was purchased. Mr. Greene felt it was important that the property owners in the area being developed should be able to participate in any development that occurs. The Minister of Jesus House of Worship asked what would happen to the churches in this area that are purchased. Mr. Greene responded that the churches would be viewed as commercial properties. Chairman Finkelstein responded that the City and the CRA would work with the church to find another location. Mr. Greene pointed out that on the south side of Sara Sims Park there are a number of churches in this area that would be staying because they are compatible with the Park .and there may be opportunities for other churches to relocate in that area. However, there will be no relocation benefits to the members of the church. The Minister stated that they are not willing to sell the property and inquired if they could be allowed to improve their property and remain where they are. Mr. Hawkins asked the speaker where his church was located and he stated that it was on Seacrest Boulevard across from the EZ Mart. The Minister said that no one ever spoke with them about this and the way they found out what was 1099 10 Meeting Minutes Continued Regular Community Redevelopment Agency Meeting Boynton Beach, FL February 20, 2003 happening was when they received a letter in the mail last week. Mr. Hawkins pointed out that the project is two years old and that he needs to sit down with representatives of the Church to discuss what is going on. Mr. Hawkins said that he would contact him for this purpose. Vice Chair Heavilin would like to move forward on this. Mr. Aguila thought that this was a good plan and a good starting point and that the Board needs to speak with JEG to discuss their progress. Chairman Finkelstein said that the Board has to agree with the steps outlined in Mr. Greene's February 18, 2003 memo. Mr. Aguila thought that steps 1 and 2 were doable, but thought that 3 should wait. Mr. Tillman would like the Commission to move on the eminent domain issue before the Board does. Chairman Finkelstein agreed with Mr. Aguila's suggestion that the Board move forward with steps 1 and 2. Mr. Greene was agreeable with this for now. Mr. Hutchinson inquired if the CRA would be using the Urban Group. Mr. Aguila responded that someone .like the Urban Group needs to do the work and aside from the current issues with them, they have been good to work with. Mr. Finkelstein would like the CRA to be in a first position contract with the Urban Group, if the CRA did use them, which he did not have a problem with. Mr. Hutchinson requested that this be included in the motion. Vice Chair Heavilin felt it was important that the CRA piggyback with the City. Mr. Greene said that this would be preferable and that using the same consultant could save money. Mr. Greene stated that whatever route the Board chooses, it is important that they give staff directions on how to proceed. Mr. Greene requested that the Board authorize staff to arrange for appraisals on all privately held non-residential properties designated on the map outlined in his memorandum of February 18, 2003, which is attached to the minutes of this meeting. Mr. Hutchinson responded that in accordance with their purchasing manual, they would be required to go out to secure those services through their purchasing process unless it could be done in a different manner. Chairman Finkelstein said that the Board could ask for proposals from a group that could handle all of those actions. Mr. Hutchinson noted that he was not allowed to spend any money unless he follows the purchasing procedures. Chairman Finkelstein requested that it be specified in the motion who will be doing the work. Motion Vice Chair Heavilin moved that the Board authorize staff to arrange for appraisals to be conducted on all private, non-residential parcels designated in the enclosed attachment and identified on the enclosed map through the piggybacking of a first party contract with the Urban Group and that staff is further directed to arrange to have good faith purchase offers made on behalf of the CRA to the 11oo 11 Meeting Minutes Continued Regular Community Redevelopment Agency Meeting Boynton Beach, FL February 20, 2003 owners of these properties based on the aforementioned appraisals. Motion seconded by Mr. Aguila. Mr. Aguila requested that a provision be added to the motion that if the Urban Group did not prove satisfactory, staff would seek RFPs from other real estate consultants that could perform the appraisals requested in the motion. Vice Chair Heavilin amended her motion to include this proviso. Mr. DeMarco requested that in reference to the two public speakers that the motion include additional language that staff continue to communicate and educate the neighbors that will be affected. Vice Chair Heavilin noted that the community has been involved for the past several months and does not feel that it would be appropriate to add this language to the motion. Vote Motion carried 5-0 (Ms. Hoyland was not present for the vote.) Mr. Hawkins addressed the Board regarding a design report that was prepared by JEG Associates, the consultant. Mr. Hawkins referred to the Heart of Boynton Master Plans and Schematic Designs that was included in the agenda packet. He requested that the Board consider adopting this document as a formal guideline for development of the project within the Heart of Boynton. The original Heart of Boynton Plan that was adopted two years ago contained urban design concepts, which are contained on Page 55 of that Plan and was adopted by Ordinance, which Mr. Hawkins read. The design concept is "Floribbean" and was approved as the preferred choice for design standards. The Floribbean concept for residential housing and the new Wilson Center is included in the JEG Associates Repot and the City would like the Board to adopt this for implementation of the Plan. Mr. Aguila felt the character was appropriate, but noted that the designs were very rough, to which Mr. Hawkins agreed. Mr. Hawkins responded he is merely asking the Board to approve the Floribbean design concept only. He said that they wanted to have some examples to show developers and hopefully the CRA will come up with a design guideline for the Heart of Boynton. Motion Mr. Aguila moved that the Board support the Schematic Design for the character to be used as a guide in the Heart of Boynton design. Motion seconded by Mr. Tillman and unanimously carried. Chairman Finkelstein inquired if the Board wished to hear the Ocean District Study presentation next. ! 10] 12 Meeting Minutes Continued Regular Community Redevelopment Agency Meeting Boynton Beach, FL February 20, 2003 F. Ocean District Study Presentation (heard out of order) Mr. Greene reported that staff has been working on this Plan for a long time. There are a lot of issues involved and community meetings have taken place for input. He pointed out that in this district the City owns 40% of the land. Therefore, the City is the largest stakeholder and there have been a lot of meetings with senior staff regarding this area. Margelly Beltran, the Planner specifically involved in this project, has tried to come up with an idea of what people would like to see in this district. He pointed out that this area is an important district for both the City and the CRA. There is still the controversy regarding the Old High School that needs to be resolved. Mr. Greene pointed out that what Boynton Beach is lacking is a civic and cultural heart and this is something that the City really needs. Ms. Beltran had various artists' renderings, which she referred to as she gave her presentation. She noted that they had two visioning sessions with City staff and two public meetings with residents in the area. She explained how the two alternatives (alternative #4 and alternative #5) being presented tonight were arrived at from meetings with staff and the residents. One alternative includes the Old High School and the second does not. Ms. Beltran first presented alternative #4 that does not include the High School. The north section of Boynton Beach Boulevard could be a city annex based on the needs assessment being undertaken or it could be commercial. City Hall would remain as is. The High School would be razed and it would become a pedestrian boulevard. This would allow the Children's Museum to be visible from Seacrest. The park would have a reflective pool, shade trees and benches. The civic/auditorium building would be located on Ocean Avenue. There would also be another park type setting with a gazebo. Ocean Avenue wOuld be a main street (downtown) and would have a archway leading into the area. The Library extension would be in place. A fountain (similar to the one in West Palm Beach) will be erected in this area. A parking garage will also be built. Townhomes will be built that would be attached to the parking garage, similar to Mizner Park. The southern section of the study area would remain single-family homes, because people wanted to keep it the way it was. Ocean Avenue would become a mixed-use light zone with buildings no taller than 45' to keep it pedestrian friendly. 1102 13 Meeting Minutes Continued Regular Community Redevelopment Agency Meeting Boynton Beach, FL February 20, 2003 There would be very little change between Ocean Avenue and Boynton Beach Boulevard. The condos and apartment buildings would remain. Boynton Beach Boulevard would become a mixed-use area as well, but would go to 75' in height. Ms. Beltran next presented alternative #5, which included the High School. Currently, no specific use has been designated for the High School. A parking garage could be placed on the other side of the High School and pavilions would be added. The remainder of alternative ~4 would be included. The next area discussed was the Ocean Avenue Promenade. Ms. Beltran pointed out "Section C" that would contain the civic/auditorium with a terrace, the interactive fountain, and the parking garage with the residential component. Ms. Beltran reviewed the plans for "Sections D and E." Mr. Aguila inquired if the plans were conceptual, and Ms. Beltran responded that they were. Mr. Aguila inquired how all thee concepts would be tied together to avoid creating a hodgepodge. Mr. Greene acknowledged that they have to get from planning to implementation, but noted that the plan is merely a guide and certainly there will be changes. Plans are guides to establish a framework. Mr. Greene then discussed the concepts that came out of'the Visions 20/20 Plan. Mr. Aguila asked what the next steps would be. Mr. Greene said that they need to put some text to the Plan because there are economic studies that have also been done. It is anticipated that the Plan will be brought back to the CRA Board for adoption within two months. He stated that no action is necessary on the part of the Board tonight. Chairman Finkelstein and 'Mr. Aguila requested that they be furnished with copies of the renderings presented by Ms. Beltran. Mr. Hutchinson also requested that the document be preserved on a CD. Chairman Finkelstein noted that a request has been made to move up Item D. Vice Chair Heavilin also requested that the BODA Event (Item C.) also be moved up D. Heritage Festival Request for Event Funding Ms. Angela Girtman, Chairperson of the HeritageFest Committee, 1920 NE 1st Avenue, Boynton Beach stated that a letter of support for funding was submitted to the CRA for the HeritageFest. She gave a brief overview of all the events and activities that take place during HeritageFest as follows, some of which have already taken place: a family story hour, the coronation ceremony, youth 14 1103 Meeting Minutes Continued Regular Community Redevelopment Agency Meeting Boynton Beach, FL February 20, 2003 recognition luncheon, spelling bee, and oratorical contests and exhibits at the Boynton Beach Mall. Essay, art and history contests were held and will be exhibited at the Hester Center. Last weekend the youth basketball tournament also took place. This weekend there will be an island festival that will feature food, music and dancing from the islands. There will be a parade on Saturday, followed by festivities on the lawn. During the weekend the adult basketball tournament will be held. On Sunday there will be a gospel festival featuring youth choirs and dancers. She noted that they have very limited funding and tried to get as much local talent involved as possible to encourage family participation. Ms. Girtman said that she spoke with Mr. Hutchinson about doing something together in the future for the HeritageFeSt. She stated that the HeritageFest is a partnership between the City and community volunteers. Mr. Aguila noted that staff is recommending a contribution of $7,500 for this year. Chairman Finkelstein said that this used to be a City event. Ms. Girtman pointed out that the City has assisted in supporting HeritageFest, but it has always been community involved in partnership with the City. The City has provided over $7,100 in staff time and paid for advertising the event on radio and television. Mr. Tillman felt that the CRA is an integral part of the community and being a good neighbor is part of the CRA. He recommended that the CRA assist with the request. Mr. Aguila agreed with Mr. Tillman and suggested at budget time this subject be discussed. Vice Chair Heavilin also added that if the CRA participates in the event in the future, she would like the CRA to have more input in the planning. Motion Vice Chair Heavilin moved that the CRA contribute $7,500 to HeritageFest for 2003. Motion seconded by Mr. ^guila and unanimously carried. Ms. Girtman thanked the Board for their assistance. Mr. Hutchinson pointed out that Ms. Hoyland had to leave and she furnished a written document with her comments regarding Item V.A ("Board Priorities Update"). Mr. Hutchinson suggested that the other Board members also submit their comments on this item in writing. Chairman Finkelstein felt that this type of item should be a workshop item. Also, Vice Chair Heavilin suggested that Item V.B. ("Consideration of Event Concepts, Schedule and Budgets") also be discussed at a workshop. Mr. Hutchinson responded that Item V.B. could be discussed at a workshop, but he would like to discuss the event coming up in April in cooperation with BODA and the Chamber of Commerce. Mr. Hutchinson announced that the Holiday 1104 15 Meeting Minutes Continued Regular Community Redevelopment Agency Meeting Boynton Beach, FL February 20, 2003 Parade has been moved back downtown and the CRA should be having a large holiday event in conjunctiOn with BODA. Chairman Finkelstein had a question regarding the December BODA/CRA event. C. Event Accounting for December BODA/CRA Event Chairman Finkelstein noted that the costs for the event were $7,028.18 and the budget showed $8,453.49, which leaves a discrepancy of $1,424.68. Ms. Vielhauer pointed out that the revenue from the event was $1,444.00 and the expenses for the entire event were $8,472.81. The CRA actually spent $7,028.18. Chairman Finkelstein requested an accounting of the additional funds of approximately $1,424.68 that were spent. He asked about the costs of the trophies for the car show, and Mr. Hutchinson said that he would be personally reimbursing the CRA for those funds. Vice Chair Heavilin asked if the City provided any in-kind assistance. Mr. Hutchinson reported that the paramedics and fire department did provide assistance. Mr. Hutchinson noted that a task force has been formed to work on events in conjunction with the Chamber and BODA. Vice Chair Heavilin would like to see the City also participate. Vice Chair Heavilin would like to see billboards put up announcing future events. Chairman Finkelstein noted that the CRA is now becoming involved in another event downtown at an additional $7,500 so soon after the one held in December. He felt it was too soon to become involved in additional events, since nothing new has been added to downtown. Mr. Tillman pointed out that the minutes reflect that the Board agreed not to do anything in term of events after assisting HeritageFest and now the Board is being asked for an additional $7,500. He noted that the City has determined not to participate in events because the City felt that the total City was not involved in these events. He pointed.out that Boynton Beach needs to define itself culturally. Until this is determined, various entities throughout the City will be looking for funding from various sources. Although he did not think that this is the intent of the CRA to become a cultural entity, he felt that the CRA could help Boynton Beach grow. This needs to start at the top with the City's administration to become more involved in these endeavors. Chairman Finkelstein agreed with Mr. Tillman. He agreed that the downtown merchants and the Chamber of Commerce need their support, but he pointed out that the CRA has already done an event for BODA and HeritageFest and maybe a couple more. He did not think that it was CRA's responsibility to take over funding these events in place of the City. He would like to see the funding of the events spaced more apart since there are more important issues that need to be dealt with. 1105 16 Meeting Minutes Continued Regular Community Redevelopment Agency Meeting Boynton Beach, FL February 20, 2003 Mr. Hutchinson responded that they are looking at assisting with more events that are spaced apart in conjunction with the Chamber and BODA. Vice Chair Heavilin pointed out that the car show has been successful for the two years that it has been offered and after this event, the CRA could agree not to do more than one event in anyone year for anyone group. Diana Johnson, President of the Chamber of Commerce, stated that this event would take place with or without partners. The reason the car show is held at Motorola is because of the amount of space needed to accommodate this size of an event. The Chamber would like the CRA to hold the Saturday event that would compliment the Sunday event and this would bring both sides of the City together. BODA would be the third entity that would benefit from this partnership because it would bring people to the downtown area. The Chamber is not asking the CRA for any money, which they totally self-fund and provide close to $100,000 in advertising. Chairman Finkelstein asked if the budget for this new event would be similar to the budget for the last event, and Ms. Johnson said she was not aware of the last budget. Chairman Finkelstein informed her that it was $7,000, and Mr. Hutchison stated that it would be similar. Ms. Johnson stated that the event will be called the "Wheels Weekend" to incorporate the two days of activities into one event, but technically there are two events. Ms. Ginny Foot, representing BODA, would like to see the CRA, BODA and the Chamber partner this event every spring in the downtown area. Events like this bring people into the area to let them know that there is a downtown. Ms. Foot pointed out that BODA has a very small budget and they have committed what is left in their budget to fund this event. That is how important the event is to her and cannot be done alone. She would like to see a spring event onboard for years to come. Ms. Johnson said that originally Commissioner Ferguson expressed an interest in piggybacking on this event as his district's event, but this never came to fruition. Hopefully, in the future, Commissioner Ferguson's District could become a partner in the event. Motion Vice Chair Heavilin moved to contribute $7,500 to the Wheels Weekend downtown event in April 2003. Motion seconded by Mr. DeMarco and unanimously carried. 1106 17 Meeting Minutes Continued Regular Community Redevelopment Agency Meeting Boynton Beach, FL February 20, 2003 The Board requested that the items remaining on the agenda be moved to a workshop. Vice Chair Heavilin stated that she would like to have the "Board Priorities Update" and "Consideration of Event Concepts, Schedule and Budgets" workshopped at a future date. Mr. Hutchinson requested that the members submit their notes on these two items prior to the workshop. Chairman Finkelstein requested that "Consideration of PBC Convention and Visitors Bureau Board Seat" be added the February 27th workshop agenda. Item H., "Purchasing Manual Update" is not ready. VI. None VII. Other Items Adjournment There being no further business the meeting properly adjourned at 9:40 p.m. Respectfully submitted, Barbara M. Madden Barbara M. Madden Recording Secretary (February 24, 2003) 1107 18 MINUTES OF THE COMMUNITY REDEVELOPMENT AGENCY HELD IN COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA, ON TUESDAY, FEBRUARY 11, 2003 AT 6:30 P.M. Present Larry Finkelstein, Chairman Jeanne Heavilin, Vice Chair Jose Aguila Alexander DeMarco Don Fenton Michele Hoyland Henderson Tillman (arrived at 7:10 p.m.) I. Call to Order Doug Hutchinson, CRA Director Lindsey Payne, Board Attorney Motion II. Roll Call The Recording Secretary called the roll and declared that a quorum was present. II1. Agenda Approval A. Additions, Deletions, Corrections to the Minutes Chairman Finkelstein stated that he received the January 16 minutes, but the minutes were not included in the agenda packet. The only minutes included in the agenda packet were from the Regular Meeting of January 14, 2003. Mr. Hutchinson stated that the January 16th minutes would be included for approval on the next agenda. Adoption of Agenda Vice Chair Heavilin moved to accept the agenda. Motion seconded by Ms. Hoyland and unanimously carried. C. Approval of Minutes Mr. Aguila pointed out that on Page 8 of the minutes (page 824 in the agenda packet), Ms. Hoyland in her motion made it clear to the applicant that when the elevations were revised, he would have bring this back to the Board. Mr. Aguila 1069 Chairman Finkelstein called the meeting to order at 6:30 p.m. and welcomed Commissioner McCray. Meeting Minutes Community Redevelopment Agency Boynton Beach, FL February 11, 2003 requested that the CRA Director send a note to the applicant informing him that this was a condition of approval. Mr. Aguila heard that the applicant was of the opinion that since the project was approved by the City Commission, it does not have to come back before this Board. For clarification, Chairman Finkelstein inquired if the minutes are correct, which Mr. Aguila confirmed. Mr. Aguila just wanted to make a point of this condition. Mr. Aguila requested that the word "recommendations" on Page 13 (page 829 in the agenda packet) be changed to "conditions." Mr. Aguila informed the Board that he went to the site and he said that there was no electrical work in the way that would prevent the applicant from screening the entire air conditioning unit. Mr. Aguila wanted to put this on record. Motion Mr. DeMarco moved to approve the minutes, as amended. Motion seconded by Ms. Hoyland and unanimously carried. IV. Consent Agenda IT Contract for CRA with City of Boynton Beach Membership into the Realtors Commercial Society of Palm Beach County Financials Mr. Aguila requested to remove Items A and B for discussion. Chairman Finkelstein requested to remove Item C for discussion. A. IT Contract for CRA with City of Boynton Beach Mr. Aguila made the following comments regarding the agreement: Pointed out that the date as it appears throughout the entire contract should be changed to 2003. · Noted that in Paragraph 4.d (Payment) it states that the annual payment shall increase by 5% each year and requested where this figure came from. It seemed high to Mr. Aguila and he felt 3% was more realistic. · On Page 8 it states that disputes would be adjudicated within the courts of Florida. He felt that disputes should be done through mediation. Since the CRA is an agency of the City, he did not think it was proper to go to court against the City for computer maintenance. · Both the Director and the Chairperson should sign the agreement. 1070 2 Meeting Minutes Community Redevelopment Agency Boynton Beach, FL February 11, 2003 Vice Chair Heavilin pointed out that on Page 4 (Notices), the address is incorrect and the zip code on Page 1 is incorrect. Chairman Finkelstein had the following comments: · Noted that on Page 837 of the memo in the agenda packet it states that Attorney Payne has read and approved the agreement, which she confirmed she has. · Further, it states in the memo that special projects will be billed on an "as needed basis" and he questioned what a special project was. Mr. Hutchinson explained that they are planning to put together a map book of the CRA area, which would be done through the GIS Department and should be considered a special project. · Pointed out that the address of the CRA was incorrect in the first paragraph of the Agreement. · Requested that the word "governmental" in Paragraph 1 (Project Designation) of the contract be deleted. · The Exhibit A attached to the contract was not as stated in the agreement. The Exhibit A attached to his contract was an inventory of computers for the CRA Office. Mr. Aguila felt that the exhibit was correct, but the identification of the exhibit in the agreement was not correct. In Paragraph 3 on Page 2 of the Agreement it states "sixty (60) days' notice" and on Page 3, Paragraph 12 (Termination) it states, "thirty (30) days notice." In Paragraph 4 (Payment) on Page 2 of the Agreement it states that "The annual payments shall be made to ITS by CRA, in advance in equal amounts on a quarterly basis." This was not clear wording. He suggested changing "payments" to "amount." Attorney Payne stated that it should read "annual amount." Vice Chair Heavilin inquired if the wording in Paragraph 12 (Termination) should state "at least" thirty days or "by providing thirty days." Mr. Aguila suggested taking the word "at" out and having it read, "by providing thirty (30) days." Vice Chair Heavilin asked Mr. Hutchinson how the 5% figure was arrived at and he said that this was provided by ITS and suggested a counter-offer of 3%. Chairman Finkelstein noted that the last sentence in Paragraph 12 (Termination) states "In the event of any termination, ITS shall be paid the pro rata sum for services performed." He would like to add "or if paid in advance shall rebate the 1071 3 Meeting Minutes Community Redevelopment Agency Boynton Beach, FL February 11, 2003 prepaid sum pro rata." Mr. Fenton inquired what is the official address of the CRA and was informed it is 639 Ocean Avenue, Suite 107, Boynton Beach, Florida 33435. Chairman Finkelstein noted that Exhibit A lists two computers and he thought that there were three. Mr. Hutchinson confirmed that there were three. Mr. Hutchinson noted that a new Exhibit A was supposed to have been furnished to reflect this. Mr. Aguila requested that disputes be resolved through internal mediation. Attorney Payne felt that there was no need to have a dispute resolution, since the contract can be terminated with 30-day notice. There was a consensus that the language should remain as written with the court venue changed to Palm Beach County. There was also a consensus to leave the termination d~ at 30 days. Chairman Finkelstein inquired what services they would receive for $1,000 a month. Mr. Hutchinson said this would include the CRA's licensing for software, setting up the system, and making sure the equipment is working and assisting with the accounting software. They will be helping the CRA on a regular basis and will be providing backup in the event of a power failure. Mr. Hutchinson explained that if ITS did not assist the CRA, someone else would have to. ITS will also be providing off-site servers. Vice Chair Heavilin inquired if ITS would be designing the website. Mr. Hutchinson stated that he would be bringing this item to the next board meeting for comments and suggestions. He explained that you have to buy space to host your website and this could be done with the City. Chairman Finkelstein inquired if there is actually a document entitled Client Agreement and Conditions for CRA Technical Services. Mr. Hutchinson said that he has not been furnished' with this document. Chairman Finkelstein had concerns that the CRA was contracting for services and they do not know what those services are. Mr. Hutchinson stated that he would provide a scope of work type of document. Vice Chair Heavilin noted that Paragraph 2 would have to be changed, as well as Exhibit A, which is not the Client Agreement. Chairman Finkelstein did not think that they could approve the Agreement tonight until they are provided with the necessary documents and that the corrections are made. Motion Ms. Hoyland moved to table the IT Contract until the next Board meeting and that 1072 4 Meeting Minutes Community Redevelopment Agency Boynton Beach, FL February 11, 2003 the changes discussed exclusively be changed and that the agreement referenced as Exhibit A be updated. Motion seconded by Mr. Aguila. Mr. Fenton requested that the motion include obtaining a definitive answer from ITS why they chose 5% instead of the CPI or a more realistic number like 3%. Ms. Hyland accepted Mr. Fenton's request and Mr. Aguila seconded it. The motion unanimously carried. Membership into the Realtors Commercial Society of Palm Beach County Chairman Finkelstein noted that there was no money left in the line item of the budget for memberships and inquired if it was important enough for the Board to join this Society. He was informed that Board Member DeMarco asked that the CRA join the Society. Chairman Finkelstein thought that the Board should look at all their memberships and determine which ones would be a benefit and should be kept and which ones should be dropped. Mr. Hutchinson responded that this would be something they would be doing in preparation for next year's budget. He pointed out that Board members bring opportunities to staff and staff looks at them to see if they are worthwhile, and that is why staff brings these memberships to the Board for consideration. Mr. Hutchinson felt that a membership in this Society would be beneficial. Chairman Finkelstein reported that he was just notified that there was money in that line item to join. Vice Chair Heavilin did not think that joining this organization was worthwhile She also pointed out that there was a memo referred to in the agenda,, but it was not attached. Mr. Hutchinson said that this should be disregarded. Mr. Fenton asked Mr. DeMarco why he felt it would be beneficial to join. Mr. DeMarco said that he has been a member for 8 years and the membership is made up of the largest companies in real estate in the county. By being a member of the society, you are automatically a member of the state and national organization. Mr. DeMarco said that he has gained a great deal from his membership. He noted that they had a meeting this morning that was attended by over 100 commercial realtors. Also, by joining the Society you would have access to five websites dealing in real estate. Motion Mr. Fenton moved to accept the recommendation of staff to join the Realtors Commercial Society of Palm Beach County. Motion seconded by Mr. DeMarco. The Recording Secretary called the roll. The motion failed 2-4 (Chairman Finkelstein, Vice Chair Heavilin, Mr. Aguila and Ms. Hoyland dissenting). 1073 5 Meeting Minutes Community Redevelopment Agency Boynton Beach, FL February11,2003 C. Financials Chairman Finkelstein referred to page 850 of the agenda packet. The CRA received the TIF check for Palm Beach County taxes and when the County and City checks were combined there was a $344,971.08 shortfall from projected TIF revenues. The previous agenda stated that a general ledger transaction was performed to move the money that was received which exceeded the City projections. For clarification, Chairman Finkelstein inquired if it was only the County's portion that was short. Susan Vielhauer, CRA Controller, stated that they received both TIF checks. One was received in December and the other one did not get into the bank until January 1st. The TIF projections were at $1,670,000 and the money received was short by $344,971. When the City's money was transferred to the CRA there was an additional $9,974. Chairman Finkelstein asked if the $17,834.98 on the income statement included the grant money from the Katz property that was requested be returned. Ms. Vielhauer stated that it did. (Henderson Tillman arrived at 7:10 p.m.) Ms. Hoyland asked where the shortfall was. Mr. Hutchinson stated that the shortfall was on the assessed value that generated the tax for the City and the County. The County did the projections and staff asked the County what happened to decrease the value that resulted in this shortfall. The County gave staff the projections and staff would like to know what happened to decrease the value by that much. The County stated that they have never been this far off before and they had no specific answer. It could be because some properties that were previously taxed became exempt. There are six pages of computer printouts that have to be looked at to determine this. Mr. Hutchinson stated that it could also be attributable to some apartment buildings not being occupied at the January 1st cut off. Mr. Fenton pointed out that this is a 25% to 35% miscalculation by the County. Ms. Vielhauer said that the County gave her a list of properties that are tax exempt and she has to find those properties. Because of this great discrepancy, the forecasting has to be adjusted. Members discussed at length the remainder of the financial statements and Ms. Vielhauer answered questions raised by members. Vice Chair Heavilin also requested that there be an additional line item under personnel costs for contract services. It was noted that the year-to-date totals do not include January 2003 figures. 1074 6 Meeting Minutes Community Redevelopment Agency Boynton Beach, FL February 11, 2003 Motion Ms. Hoyland moved to approve as corrected. Motion seconded by Vice Chair Heavilin and unanimously carried. V. Public Audience Ginny Foot stated that she has owned a business in the downtown CBD area for 20 years and was present tonight as a businesswoman and as a representative of the Boynton Ocean District Association (BODA). She thanked the Board and the CRA staff for their support on behalf of the central business district. They appreciate the funding of downtown events and BODA enjoyed the opportunity to partner with the CRA. They look forward to additional assistance and she stated that it was encouraging to know that there can be well run and replacement events for those that have been cancelled or moved. Chairman Finkelstein closed the public audience. VI. Public Hearing Attorney Payne administered the oath to all persons who would be testifying. New Business A. Zoning Code Variance 1. Project: Agent: Owner: Location: Description: Buchanan Variance (ZNCV 02-017) James Buchanan James Buchanan 807 Ocean Inlet Drive (Coquina Cove) Request for relief from the City of Boynton Beach Land Development Regulations, Chapter 2, Zoning, Section 5.C.2.a, requiring a twenty-five (25) foot front yard setback to allow a six (6) foot variance, resulting in a 19 foot front yard setback within the R-l-AA single family zoning district; and request for relief from the City of Boynton Beach Land Development Regulations, Chapter 2, Zoning, Section 5.C.2.a, requiring a maximum lot coverage of thirty-five percent (35%) to allow a two (2) percent increase, resulting in a thirty- seven percent (37%) maximum lot coverage within the R-l-AA single family zoning district. 1075 7 Meeting Minutes Community Redevelopment Agency Boynton Beach, FL February 11, 2003 Maxime Ducoste-Amedee presented the item on behalf of staff and noted that this is an application for two zoning code variances. The first one is for the front setback. The applicant is requesting a 6' variance that would result in a 19' front yard setback in an R-l-AA single family-zoning district. The second one is in conjunction with the first application to allow a 2% increase over the 35% maximum lot coverage resulting in a 37% maximum lot coverage. The area is zoned single-family residential and the property is located on the north side of Ocean Inlet Drive and has a depth of 98'. The lot on the south side of Ocean Inlet has a depth of 112'. Staff focused on the uniqueness of the property relative to other subdivisions, the history of variance approval, the neighborhood impact, and' current improvement trends. The lot is less than 7,500 square feet required by code for lots platted prior to 1975 and is non-conforming; however, the LDR allows development of lots when they meet a minimum requirement for non-conformance and that minimum requirement is 6,750. When staff visited the site, it was determined that there were similar variances for setbacks that had been granted. Staff feels that when you remove the front and rear setbacks that total 50', this may limit the design flexibility of those lots and that is the basis of the hardship. It is felt that this will encourage similar improvements and will contribute to increasing the value of the property. The addition will be a two-story addition, an extension of the one car garage, and the addition of another one car garage. The applicant is planning to accommodate his aging mother and staff recommends approval. There are no conditions of approval. James Buchanan, 807 Ocean Inlet Drive, Boynton Beach stated that the variance will only be for the one-story garage. Chairman Finkelstein announced the public hearing. Since no one wished to speak, the public hearing was closed. Ms. Hoyland asked what comprised the 35% maximum lot coverage. Mr. Ducoste-Amedee responded that it is only the building footprint and the screened patio. Mr. Aguiia said he could not see the driveway on the plans. Mr. Ducoste- Amedee said that the applicant only submitted a site plan for the overall building; therefore, the drawing does not show the driveway. Mr. Aguila would like to know how much of the front of the property would be a hard surface. Mr. Buchanan stated that. he actually planned to minimize the driveway, and he intends to keep the current landscaping. The bedroom that will become a garage will have a driveway that curves to the west around some trees. The driveway will not be visible unless you stand in front of it. 1076 Meeting Minutes Community Redevelopment Agency Boynton Beach, FL February 11, 2003 Motion Mr. Tillman moved to approve. unanimously carried. Motion seconded by Mr. DeMarco and B. Abandonment Project: Agent: Owner: Location: Description: Schnars Business Center (ABAN 02-003) Jeffrey T. Schnars, Schnars Engineering Corp. Ruth T. Dolly 924 North Federal Highway Request for abandonment of the 20-foot alley lying between Lot 20 and Lots 21 through 23 in Block 4, Lake Addition to Boynton, and the replacement with a utility easement. Mr. Ducoste-Amedee presented the item on behalf of staff. The item is the abandonment of a 20' wide alley and is in conjunction with a land use amendment and rezoning application, as well as a site plan approval. The alley is located between 8th and 9th Avenue. When Lakes Addition was platted it was dedicated for public usage. The applicant is applying for the abandonment to vacate the 20' alley to consolidate the property and to facilitate the development of the office and retail project that will be reviewed later. The 20' alley will be converted to a utility easement and will be the same width as the existing alley. Therefore, it is basically a conversion of an alley to a utility easement and this area will be used as the parking area for the Schnars Business Center. Staff recommends approval of the abandonment, subject to comments in Exhibit D. Public Works and Utilities made two comments and comments 3, 4 and 5 relate to private utility companies. 951 Broken Sound Parkway, Boca Raton agreed with all Jeffrey Schnars, (,~Commissioner F~kelstein opened the public hearing. Since no one wished to s~'~at~'te-pO~ic hearing was closed. Motion Mr. Fenton moved to accept staff's recommendation to abandon the 20' alley. Motion seconded by Vice Chair Heavilin and unanimously carried. 1077 9 Meeting Minutes Community Redevelopment Agency Boynton Beach, FL February11,2003 C. Land Use Plan Amendment/Rezoning Project: Agent: Owner: Location: Description: Schnars Business Center (LUAR 02-013) Jeffrey T. Schnars, Schnars Engineering Corp. Ruth R. Dolly 924 North Federal Highway Request to amend the Comprehensive Plan Future Land Use Map from General Commercial (GC) to Mixed Use (MX); and Request to rezone the subject property from C- 4 Community Commercial and R-1-A Single- Family Residential to Mixed Use-Low (MU-L) for an 8,754 square foot office-retail building on 0.52 acres. Dick Hudson, Senior Planner, presented the item on behalf of staff and explained that staff went through the criteria used to review Comprehensive Plan Amendments and the project answered positively on all the criteria. Staff is excited about this property because it is the type of project staff envisioned when the MU-L was adopted. The building will come up to Federal Highway with parking behind the building to act as a buffer for the residential area. The applicant could have gone higher than the three-stories planned for the building. This is a compatible use to the uses to the east. Staff highly recommends that the Board approve the Land Use Amendment and Rezoning. Chairman Finkelstein opened the public hearing. Gayle Grillo, 620 NE 9th Avenue, Boynton Beach pointed out that the houses on her street are one-story and questioned having a three-story commercial building at the end of her street. She felt that this would increase traffic in the neighborhood, which is family-oriented. She also felt that with the building being so close to Federal Highway, it would be difficult to see the foot traffic and people on bicycles coming from the right. She had several questions regarding the project, and Chairman Finkelstein informed her that most of her questions were site plan issues and will be addressed at that time. With regard to being able to exit the street with clear site, Mr. Hudson pointed out that Engineering has approved the setback and there will be a clear site. Regarding traffic, Mr. Hudson responded that the project would generate approximately 34 more trips per day. Ms. Grillo inquired if the applicant were unable to obtain the rezoning, would he still be able to erect a three story building and she was informed that he was allowed to build a 4-story building, if he so wished. 1078 10 Meeting Minutes Community Redevelopment Agency Boynton Beach, FL February11,2003 William Donahue, 616 NE 9th Avenue, Boynton Beach said that his residence is behind the proposed building and will abut his property. Mr. Donahue inquired if the rezoning of lot 20 was not allowed and it remained residential, would there still be enough room for parking. Mr. Hudson responded that the parking could be placed under the building, since the building could go higher. Mr. Hudson explained that the idea is to get the building up close to the street with parking behind the building. Mr. Donahue had concerns because it is a residential street and there are a lot of children. He would like to see something built on the property, but he is concerned about the types of retail use that would be going in. Also, he pointed out that the location of the dumpster is next to his pool. Mr. Hudson responded that this could be addressed during site plan approval. He also explained that with mixed use, there will be a combination of office and commercial, and office use would be on the second and third floors. Tony Matos, 615 9th Avenue, Boynton Beach lives behind the Eagles Building and stated that whenever there are events at that establishment, people park on his property and cause damage. He reported that the cars park everywhere and he is unable to get out of his yard. He said that there is not enough parking currently in the neighborhood. Chairman Finkelstein closed the public audience. Ms. Hoyland noted that the zoning is changing from (GC) C-4 and R-1-A to MUL. Ms. Hoyland questioned why the project did not utilize the C-4 zoning. Mr. Hudson responded that the land use is mixed-use on the residential portion of the property and that MUL is less intense than C-4. Vice Chair Heavilin felt that the MUL would be much more compatible in a residential area than commercial zoning. Mr. DeMarco asked what the square footage of the building would be and Mr. Hudson said it was approximately 8,000 square feet. Mr. Hudson also pointed out that this also was a site plan issue. Motion Vice Chair Heavilin moved to approve. Motion seconded by Mr. Tillman. Ms. Hoyland said that the staff report did not state what lots were actually being rezoned and thought that those lots should be included in the motion. Attorney Payne agreed with this. 1079 11 Meeting Minutes Community Redevelopment Agency Boynton Beach, FL February11,2003 Ms. Hoyland added the following to the motion: That lots 21, 22, 23 (less the west 17' thereof), together with lot 20 (less the east 55' thereof) of Block 4, Lake Addition to Boynton, according to Book 11, Page 71 recorded in Palm Beach County Florida. Vice Chair Heavilin and Mr. Tillman agreed to the amendment of the motion. The motion unanimously carried. .Motion Ms. Hoyland moved that the next item for the same applicant Item (D.1) be heard before Item (C-2), the Coastal Bay Colony. Motion seconded by Vice Chair Heavilin. D. New Site Plan Project: Agent: Owner: Location: Description: Schnars Business Center (NWSP 02-024) Jeffrey T. Schnars-Schnars Engineering Corp. Ruth R. Dolly 924 North Federal Highway Request for new site plan approval for an 8,754 square foot office/retail building on 0.52 acres in a proposed MU Zoning District Maxime Ducoste-Amedee presented the item on behalf of staff. The building, which is 8,754 square foot, will be situated on a site of 0.52 acres. The lot coverage is 15.4%. Currently the site is composed of four vacant lots, 20, 21, 22 and 23. Lots 21 through 23 are designated general commercial and are zoned C- 4. Lot 20' is mixed use and zoned retail. The building height will be 34 feet and three-stories high. The driveway will consist of two entrances; one on Federal Highway and one on NE 9th Avenue. The driveway is subject to a variance request because it does not meet the 180 feet required by code for an intersection. Parking and development regulations require one parking space for 300 square feet of office use and one parking space for retail use. Using this ratio, the project requires 34 parking spaces, and the applicant is providing 35. The office spaces will be on the second and third floor and retail on the first floor. The landscaping meets all code requirements and the pervious area is approximately 26% of the total site. A 7' high buffer along Federal and 9~h will be provided and will contain various species. Since the project is a commercial/office/retail project, code requires a 6' high masonry wall between residential and commercial. The wall will be implemented along the eastern property line, supplemented with landscaping. 1080 12 Meeting Minutes Community Redevelopment Agency Boynton Beach, FL February 11, 2003 The building is described as Georgian style and artists' renderings of the proposed building were presented. The external walls will be light yellow to dark yellow, and the accent trims will be white. There will be aluminum railing painted black. There will be covered entrance doors on Federal Highway and window boxes with flowers. Staff fully supports this project, as well as the design of the building. Staff feels the project will set a higher standard for the Federal Highway Corridor and will meet the underlying concept of the MUL Zoning District. There will be 21' square feet of signage along the main entrance on Federal Highway.. There will be one freestanding monument sign on Federal Highway that will match the building. Staff recommends approval of the site plan, subject to the conditions in Exhibit C. This will be the first mixed-use, commercial project on Federal Highway,. The applicant agreed with all staff conditions. Chairman Finkelstein opened the public hearing. William Donahue, 616 NE 9th Avenue, Boynton Beach had concerns regarding the traffic that will be generated, as well as lights shining into his windows at night. There are four balconies on the back of the building that look down onto his property and his pool. From the third floor of the proposed building the whole neighborhood would be visible. The dumpster is next to his property and he is concerned about the smell and noise emanating from it. He asked what type of retail businesses would be going in; he would not want to have a convenience store. Mr. Ducoste-Amedee listed the types of uses that could be permitted, such as arts and craft and small gift stores. With the current zoning, the property could be developed with the most intense businesses at the corner. Mr. Fenton felt that Mr. Donahue had a right to be concerned about the location of the dumpster and asked that it be located in another area. Mr. Ducoste-Amedee pointed out that there will be a 6' high masonry wall that will be set back 2' from the property line, plus hedges and Birds of Paradise. The dumpster is 35" long and he did not think that the dumpster enclosure could be in any other location. Gayle Grillo, 620 NE 9th Avenue, Boynton Beach wanted to go on record that they welcome something very nice at the end of the street. Her main concern is traffic and parking since they live in a family-oriented neighborhood. Chairman Finkelstein closed the public hearing. Vice Chair Heavilin said that she had concerns about lighting and did not want Mr. Donahue to have floodlights shining into his backyard at night. Mr. Schnars Meeting Minutes Community Redevelopment Agency Boynton Beach, FL February 11, 2003 responded that the lights Would be shielded to direct the light toward the building and away from the neighbors. Vice Chair Heavilin asked about the dumpster. Mr. Schnars stated that there would be a concrete wall around the dumpster and it will have a screened gate. Vice Chair Heavilin also had concerns that the intersection has a blind corner and pedestrians have already been struck. Mr. Rumpf stated that this is a code compliance issue that staff will look into. Vice Chair Heavilin also pointed out that the Eagles Club is currently using part of that lot and there is a shortage of parking in the area. Mr. Schnars responded that that was a concern of theirs and they wanted to make sure that they have more than enough parking for the project. Vice Chair Heavilin inquired if the applicant would be offering shared parking with the Eagles Club and Mr. Schnars said they were not. Ms. Hoyland liked the building elevations and the way it was situated on Federal Highway. She also did not like the location of the dumpster and felt that it could be a nuisance to the residents. Mr. Schnars said that the dumpster has been located in this area for ease of pick up and if it were relocated to another spot, they would lose a parking space. Mr. Schnars did not think that the dumpster would be a nuisance and noted that it would be located a significant distance away from the property line. Also most of the waste would be paper. Ms. Hoyland suggested increasing the buffering around the dumpster by putting in live oaks at this location that would be 18' to 20' in height instead of in the islands. Ms. Hoyland suggested that another color other than black be considered for the awnings. Mr. Aguila suggested that the molding above and below the windows be stretched in each direction so that they would come to the edge of the shutters, as opposed to the edge of the windows. Mr. Aguila also agreed with Ms. Hoyland regarding the color of the awnings and asked the applicant to consider another color, which the applicant agreed to do. Mr. Aguila inquired if the 6' high wall could be extended another 20'. Also, he asked if the alley between lots 27, 24 and 25 has been abandoned and was informed it has not. He pointed out that lot 27 could at some point be developed as a residence and the remainder of the alley will split between the commercial to the west and the residential to the east. This equates to the residential area having no protection from the commercial because the wall does not extend this far. He would like the wall that goes along the south property line to be extended past the dumpster and go parallel with the property line and extend west 20 more feet where the alley ends. 1082 14 Meeting Minutes Community Redevelopment Agency Boynton Beach, FL February 11, 2003 Mr. Schnars did not think this was possible because the wall would have to cross the utilities, but he would look into this. Mr. DeMarco sympathized with the neighbors regarding the types of businesses that might go into the retail spaces, especially if one were a restaurant. If this happened, more parking spaces would be needed. Mr. Aguila inquired if the air conditioning units were in a well. The applicant stated they were in a 48" well. Ms. Hoyland did not think that a restaurant could go in any of the retail spaces, because more parking would be needed. Motion Ms. Hoyland moved to approve the Schnars Business Center site plan application with the attached conditions of approval as listed in Exhibit C of the staff report, plus the following: 1. That the Gumbo Limbo trees along the east side of the property be swapped out for live oak trees that are planted 18' to 20' in height, as suggested on the site plan, and if the applicant wishes to swap the live oak trees in the islands with Gumbo Limbo trees that are 12' to 14' in height that they do so. 2. That the applicant consider an awning color that is a lighter shade, rather than black. 3. That the applicant consider an alternate location for the dumpster. 4. That the applicant consider installing a wall along the south portion of the property as indicated on the plans as noted by Mr. Aguila. 5. That the decorative banding above the windows and below the sills be extended as wide of an area as the windows and shutters combined. Motion seconded by Mr. Aguila and unanimously carried. RECESS WAS DECLARED AT 8:30 P.M. THE MEETING RECONVENED AT 8:40 P.M. D. Land Use Plan Amendment/Rezoning Project: Agent: Owner: Coastal Bay Colony (LUAR 02-014) Carlos Ballbe, Keith & Ballbe, Inc. Southern Homes of Palm Beach, LLC 1083 15 Meeting Minutes Community Redevelopment Agency Boynton Beach, FL February 11, 2003 Location: Description: 2421 and 2505 South Federal Highway; 504, 510, 514 and 520 SE 23rd Avenue Request to amend the Comprehensive Plan Future Land Use Map from Local Retail Commercial to Special High Density Residential (20 du/ac); and Request to rezone the subject property from C- 2 Neighborhood Commercial and C-3 Community Commercial to Infill Planned Unit Development (IPUD) for 65 fee-simple townhouse units on 4.34 acres. Dick Hudson presented the case on behalf of staff and stated that this is a request for rezoning and land use amendment for approximately 3.4 acres of land that is currently classified retail/commercial and zoned a combination of C-2 neighborhood commercial and C-3 community commercial. The applicant wants to rezone to IPUD to redevelop the property for 64 townhouses and the property would be reclassified to special high density residential to allow a density of 20 dwelling units per acre. The property is located on South Federal Highway and just south of 23rd Avenue (Golf Road). The project meets the requirements and expectations of staff, and staff feels that the layout of the buildings, the variety of floor plans, internal circulation, and allocation of parking will create a pedestrian friendly development and provide a sense of neighborhood in this portion of the corridor. Staff highly recommends approval of both the land use amendment and the rezoning. Mr. Fenton noted that Palm Beach County Traffic Division has approved the project as far as traffic is concerned. He pointed out that the corner of 23 Avenue and US 1 is a zoo, and he finds it hard to believe that the County said that the project was okay.'Currently traffic is backed up to the tracks even before this project comes on line. Chairman Finkelstein opened the public hearing on the land use amendment change and rezoning. Ron Jennings, 512 SE 5th Circle in the Los Mangos Community spoke about the traffic pattern. He noted that there are many new developments in this area and traffic has increased tremendously entering Federal Highway. He felt that this new project would just add more traffic. He was not against redevelopment, but felt that installing a traffic light on 27t~ Terrace might help the traffic flow. Chairman Finkelstein closed the public hearing. 1084 16 Meeting Minutes Community Redevelopment Agency Boynton Beach, FL February 11, 2003 Mr. Tillman pointed out that 23rd Street is a County road and he recommended that staff contact the County Commissioner for that area and ask the Commissioner to have that area moved up on the County's 5-year road plan. He did not want to hold up the project because of this issue. Motion Mr. Tillman moved to approve. Motion seconded by Vice Chair Heavilin. The Recording Secretary was requested to call the roll. The motion carried 5-2 (Messrs. DeMarco and Fenton dissenting). Chairman Finkelstein requested that staff follow through on Mr. Tillman's suggestion. Chairman Finkelstein asked staff if they received the County's approval. Mr. Johnson reported that the City has received confirmation from the Palm Beach County Traffic Division that in terms of level of service, the project does meet the traffic performance standards of Palm Beach County. D. New Site Plan Project: Agent: Owner: Location: Description: Coastal Bay Colony (NWSP 02-026) Carlos Ballbe- Keith & Ballbe, Inc. Southern Homes of Palm Beach, LLC. 2421 & 2505 South Federal Highway; 504, 510, 514 and 520 SE 23rd Avenue Request for new site plan approval for 65 fee- simple townhouse units on 4.34 acres in a proposed IPUD district. Eric Johnson, Planner, presented the item and noted that the site plan proposes 12 separate buildings, with each building consisting of a different number of units. The buildings will contain two and three bedroom units in different sizes. The traffic statement meets the County's traffic performance standards, as well meeting the school concurrency requirements. There will be two points of ingress and egress; one will be on Federal Highway and the other will be off Golf Road. Both entrances will accommodate service and emergency vehicles to access the site. The project requires 133 parking spaces and the plan provides for 147 spaces. Landscaping exceeds the minimum required by the Landscape Code. The IPUD Zoning District allows for a maximum height of 45' and the two-story townhouses will be as high as 28'1" at the peak of the roof, and the three-story buildings will be 41'7". The buildings will be at least 10' from each property line. A 6' high buffer wall is proposed along the property line that abuts the gas station, as well 17 1085 Meeting Minutes Community Redevelopment Agency Boynton Beach, FL February 11, 2003 as the other property lines. There will be two project entry signs on Federal Highway. Mr. Johnson noted that there are 32 conditions of appreval and he was under the impression that the applicant agreed with all of them, which Mr. Ballbe confirmed. Chairman Finkelstein opened the public hearing. Since no one wished to speak, the public hearing was closed. Ms. Hoyland inquired if the applicant had previously done a project on Federal Highway and was informed that they did the Merano Bay Project. Mr. Ballbe pointed out that they would agree to the same comments made for that project regarding the banding along the side elevation on this new project as well. Carlos Ballbe, of Keith and Ballbe, 2201 West Prospect Road, Ft. Lauderdale remained at the podium. Ms. Hoyland noted that 12' to 14' live oaks are being used along the perimeter of the site and suggested that the trees be higher to buffer the gas station and the Los Mangos community t° the south. Ms. Hoyland would like to have the trees at 16' to 18' planting height. Ms. Hoyland also asked about the access off Golf Road and whether it would be a clicker access. Mr. Ballbe stated that this is a residents-only entrance and for EMS services. Ms. Hoyland thought that the applicant should consider moving the project further in to allow for more stacking because currently the project only allows for stacking one car. She felt that there was enough reom to do that. Ms. Hoyland also had concerns about the Federal Highway entrance. She felt that for a vehicle to get out of this entrance, it would have to make a three point maneuver. Ms. Hoyland suggested adding a turn areund in frent of the gate. Mr. Ballbe responded that there is enough reom for two cars and the City appreved the stacking requirements. He explained that this entrance is a right-in/right-out entrance and all residents will have a clicker to gain access. Ms. Hoyland also spoke about circulation on the site. Mr. Ballbe stated that this is a private community and he did not think this would be a preblem. They will be previding for proper signage to direct the traffic by utilizing "do not enter signs" and they prefer to have wide, one-way streets, rather than have two-way traffic. Ms. Hoyland liked the clubhouse and the pool amenity, as well as the open space green area between buildings 6 and 8. Mr. DeMarco had concerns regarding the traffic and said that he has often seen traffic backed up all the way to the railread track and the traffic from the project will be entering this area. Mr. Ballbe stated that originally they did not have an exit on 23rd Avenue, but decided to include one by eliminating one unit because staff felt that it was necessary to have a secondary means of ingress. When the 18 1086 Meeting Minutes Community Redevelopment Agency Boynton Beach, FL February 11, 2003 County widens the road, this should help alleviate a great deal of traffic problems. The Board continued to discuss the traffic problems at length. Mr. Aguila asked the applicant if he would consider changing the double doors of the garages to two single doors to break up the monotony of the building elevations. Mr. Aguila said he did not intend to make this a condition, but would like the applicant to consider it. Mr. Johnson read into the' record the response of the County that stated that the project is located within the County Coastal Residential Exception Area and, therefore, meets the traffic performance standards of Palm Beach County. The County has no objection with the land use change. Ms. Hoyland liked the colors on the renderings compared to the actual color chips. She asked the applicant what colors they would actually be using, and Mr. Ballbe stated they would be using the colors shown on the artist's rendering. Motion Ms. Hoyland moved to approve Coastal Bay Colony site plan with staff's attached conditions of approval as outlined in Exhibit C, as well as the following: 1. That the Golf Road entrance gate access point be shifted to the south to allow for two to three vehicles to queue if possible. 2. That the live oak trees that surround the perimeter of the property be increased to a minimum of 16' in height at the time of planting. 3. That staff and the applicant work together to find a resolution to increase the stacking distance along Federal Highway and the guest turnaround area, even if it includes possibly closing off the north and south exit gates. 4. That the colors of the buildings be as close as possible to the renderings, rather than the color samples presented in the packets. Vice Chair Heavilin seconded the motion. Mr. Fenton requested that the motion be more specific and state emphatically three stacks, rather than two or three on Golf Road. Ms. Hoyland said that she did not have a scale to actually determine this, but did feel that three vehicles could fit. Mr. Aguila pointed out that it wasn't a matter of choice, but a matter of space. Mr. Fenton felt that this was a public safety issue. Ms. Hoyland said that she would not amend her motion to state what Mr. Fenton requested. She did say that she would amend her motion to state "that they get as much stacking as possible, without the gates swinging into the perpendicular drive aisle." Vice Chair Heavilin agreed to the change in the motion. The motion unanimously carried. 1087 19 Meeting Minutes Community Redevelopment Agency Boynton Beach, FL February 11, 2003 Chairman Finkelstein pointed out that the Board agreed to decide at 9:00 p.m. during meetings whether to continue the meeting or to adjourn. He noted that this meeting has now gone beyond that time. Members agreed that the final public hearing item should be heard. Project: Agent: Owner: Location: Description: Southern Homes Temp Trailer (NWSP 02- 027) Carlos Ballbe, Keith & Ballbe, Inc. Southern Homes of Palm Beach, LLC North Federal Highway and Chukker Road (Lots 62 and 63 "Trade Wind Estates") Request for new site plan approval for a 3,200 square foot temporary construction/office trailer on 2.26 acres in a C-2 zoning district. Mr. Johnson explained that the project is for a temporary sales construction trailer and will be on the premises for two to three years. The traffic impact statement was submitted after staff's report was completed and staff has not yet received .the County's traffic approval. Staff does not anticipate any problems with the County, but it is a condition of approval. The site will have one point of ingress and egress on Federal Highway. The project site is just south of Victoria's Closet. The project will be the home base for all the applicant's various projects going on in Boynton Beach. There will be three construction trailers that will be hidden with a fake facade. A total of 11 parking spaces are required, based upon one for every 300 square feet of area and 16 parking spaces will be provided. The landscaping, which is temporary, will exceed the minimum requirement. There is a condition of approval that the landscaping along Federal Highway be improved, and Mr. Johnson will work with the applicant on this. The decorative tower will be 22' in height. The use is allowed and there are 27 conditions of approval. Chairman Finkelstein asked the applicant if he agreed with all 27 conditions of approval and he stated that they agreed to all conditions. Chairman Finkelstein announced the public hearing. Since no one wished to speak, the public hearing was closed. Motion Mr. Aguila moved for approval. Motion seconded by Vice Chair Heavilin and unanimously carried. 1088 20 Meeting Minutes Community Redevelopment Agency Boynton Beach, FL February 11, 2003 Motion Vice Chair Heavilin moved that the remainder of the agenda be continued to the February 20, 2003 meeting at 6:30 in Commission Chambers. Motion seconded by Mr. Aguila and unanimously carried. Adjournment The meeting properly adjourned at 9:30 p.m. and will be continued at the February 20, 2003 meeting. Respectfully submitted, Barbara M. Madden Barbara M. Madden Recording Secretary (February 12, 2003) 1089 21 IV. Consent Agenda. 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. 1119 The CRA shall furnish 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. Page 1 of 1 Prainito, Janet From: Vielhauer, Susan Sent: Friday, March 07, 2003 3:47 PM To: Prainito, Janet Cc: Hutchinson, Douglas Subject: Addition to the Financials for the March 11,2003 CRA Board Good Afternoon. Janet, I would like to add this page as an additional memo to the Financials in the Consent Agenda section of the CRA Board Meeting package for March 11,2003. Thank you, Susan Vielhauer 3/7/2003 MEMO TO: Board of Directors FROM: Susan Vielhaue~ SUBJECT: IT Contract For CRA with City of Boynton Beach DATE: March 4, 2003 Attached is the IT Contract between the CRA and the City of Boynton Beach which has been corrected and sent to Lindsey Payne for legal review. We will be piggy backing onto the City of Boynton Beach with this contract. The following changes were made to the contract per direction given by the CRA Board: · The date was changed to March 11, 2003. · The address was changed to 639 E. Ocean Ave. Suite 107 Boynton Beach, FL 33435. · The court venue was changed to Palm Beach County. · The annual percentage increase was changed to 3%. · The Director's signature was added to the agreement. · The word "governmental" was replaced with "public". · The Client Agreement and Conditions of CRA Technical Services defining the scope of services is now included in Composite Exhibit A. · The CRA Hardware and Software Inventory now reflect all CRA equipment and software. · The termination now states (30) days and the language of"or if paid in advance shall rebate the prepaid sum to the CRA." Our computer network is linked directly to the City of Boynton Beach through a T- 1 line. We received programs, City e-mail and scheduling, Web Hosting, GIS and free internet access through our link. The contract will cover base operation, licenses, fees, support, etc..' 1120 Our 2002-2003 budget has $12,000.00 budgeted for the IT support which is the amount of this proposed contract. Staff is recommending that the CRA approve of the new contract with the IT Department of the City of Boynton Beach. 1121 AGREEMENT TECHNICAL SUPPORT THIS AGREEMENT, made and entered into this and between: __ day of ,2003, by COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF BOYNTON BEACH, FLORIDA, a public agency, having the address, 639 East Ocean Avenue, Suite 107, Boynton Beach Florida 33435 (hereinafter referred to as "CRA"), and CITY OF BOYNTON BEACH, FLORIDA, a municipal corporation, on behalf of its Information Technology Services Department, having the address, 100 East Boynton Beach Boulevard, Boynton Beach, Florida 33425 (hereinafter referred to as "ITS"). WHEREAS, at its meeting of , 2003, the City of Boynton Beach approved entering into this Agreement with the CRA, providing for the provision of technical support services by ITS to the CRA; and WHEREAS, at its meeting of March 11, 2003, the CRA Board approved entering into an Agreement with ITS; and NOW, THEREFORE, IN CONSIDERATION of the mutual covenants and conditions herein expressed and of the faithful performance of all such covenants and conditions, CRA and ITS do mutually agree as follows: PROJECT DESIGNATION. ITS is retained by the CRA to perform computer technical services in connection with the day-to-day Agency operations of the CRA. SCOPE OF SERVICES. ITS agrees to perform the services, identified in the documents, entitled, "CRA Hardware and Software Inventory" and "Client Agreement and Conditions for CRA Technical Services," which are attached hereto and made a part hereof as Composite Exhibit "A". All materials, equipment and supplies necessary for ITS to perform said services shall be the responsibility of CRA. CRA shall use its best efforts in cooperating with ITS in providing the information and documentation necessary to ITS in the performance of the Technical Services under this Agreement. 1122 1 CSDocuments and Settings\vielhauers.000\Local Settings\Temporary Intemet Files\OLK3C\CRA Technical Services-20031.doc Rev. 03-05-03 o o TERM. Work under this Agreement shall commence upon the giving of written notice by the CRA to ITS to proceed. This Agreement shall be effective on March 11, 2003, and shall terminate upon mutual agreement of the parties hereto or upon thirty (30) days' notice of intent to terminate from one party to the other. PAYMENT. ITS shall be paid by the CRA for services rendered under this Agreement as follows: ao ITS shall be paid the sum of Twelve Thousand ($12,000.00) Dollars for the first year of this Agreement. CRA shall pay the annual amount owed to ITS, in four equal installments at the beginning of each quarter. The first quarter shall begin on ,2003 The annual payment to ITS shall increase by three (3%) percent for each year this Agreement is renewed, said increase to be effective on each annual anniversary of the effective date of this Agreement. do Payment as provided in this section shall be full compensation for work performed or services rendered. The parties agree that should the demands on ITS increase as a result of additional work stations, additional employees of the CRA, or changes to the CRA Hardware and Softzware Inventory, the CRA and ITS shall renegotiate the annual fee paid under this Agreement upon receipt of a written request from ITS to renegotiate. COMPLIANCE WITH LAWS. ITS agrees to perform the services contemplated by this Agreement, and faithfully observe and comply with all federal, state, and local laws, ordinances, and regulations that are applicable to the services to be rendered under this Agreement. INDEMNIFICATION. Each party agrees to be responsible for its own acts, omissions, and negligence, and the acts, omissions, and negligence of their respective employees, agents, and servants. Nothing in this Agreement is intended to be construed as a waiver of the protections, limitations, and immunities afforded the parties pursuant to Section 768.28, Florida Statutes. 2 1123 C:XDocuments and Settings\vielhauers.000XLocal Settings\Temporary lntemet Files\OLK3C\CRA Technical Services-20031.doc Rev. 03-05-03 10. 11. 12. INDEPENDENT CONTRACTOR STATUS. a. ITS and its employees, subcontractors, volunteers and agents, shall be and remain independent contractors and not agents or employees of CRA with respect to all of the acts and services performed by and under the terms of this Agreement. This Agreement shall not in any way be construed to create a partnership, association or any other kind of joint undertaking or venture between the parties hereto. b. CRA will not be responsible for reporting or paying employment taxes or other similar levies which may be required by the United States Internal Revenue Service or other state agencies. NON-DISCRIMINATION AND EQUAL OPPORTUNITY EMPLOYMENT. During the performance of thc Agreement, ITS shall not discriminate against any employee or applicant for employment because of race, religion, color, sex or national origin. ITS will take affirmative action to ensure that employees are treated during employment, without regard to their race, creed, color, or national original. Such action must include, but not be limited to, the following: employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination rates of pay or other forms of compensation, and selection for training, including apprenticeship. ITS shall agree to post in conspicuous places, available to employees and applicants for employment, notices to be provided by thc contracting officer setting forth the provisions of this non-discrimination clause. NON-EXCLUSIVITY. This Agreement is considered a non-exclusive Agreement between the parties. Thc CRA shall have the right to purchase the same kind of services to be provided by ITS hereunder from other sources during the term of this Agreement. ASSIGNMENT. ITS shall not sublet or assign any of the services covered by this Agreement without the express written consent of the CRA. NON-WAIVER. Waiver by the CRA of any provision of this Agreement or any time limitation provided for in this Agreement shall not constitute a waiver of any other provision. TERMINATION. This Agreement may be terminated for convenience or cause by either party by providing at thirty (30) days notice to the other party. Should termination be for convenience, termination shall be without liability to the terminating party. In the event of any termination, ITS shall be paid the pro rata sum for services performed, or if prepaid, ITS would return to the CRA the pro rata sum paid in advance. 3 1124 C:~)ocuments and Settings\vielhauers.000'~Local Settings\Temporary Internet Files\OLK3C\CRA Technical Services-20031 .doc Rev. 03-05-03 13. 14. 15. 16. 17. DISPUTES. Any dispute arising out of the terms or conditions of this Agreement shall be adjudicated in the courts of Palm Beach County, Florida. Further, this Agreement shall be construed under Florida Law. NOTICES. Notices to the CRA shall be in writing and sent via U.S. Mail to the following address: CITY OF BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY 639 EAST OCEAN AVENUE, SUITE 107 BOYNTON BEACH, FL 33435 ATTN: Douglas Hutchinson Notices to ITS shall be sent to the following address: CITY OF BOYNTON BEACH P.O. BOX 310 BOYNTON BEACH, FL 33425-0310 ATTN: Peter Wallace, ITS Director SEVERABILITY. The invalidity, illegality, or unenforceability of any provision of this Agreement, or the occurrence of any event rendering any portion or provision of this Agreement void, shall in no way affect the validity or enforceability of any other portion or provision of the Agreement. Any void provision shall be deemed severed from the Agreement and the balance of the Agreement shall be construed and enforced as if the Agreement did not contain the particular portion or provision held to be void. The parties further agree to reform the Agreement to replace any stricken provision with a valid provision that comes as close as possible to the intent of the stricken provision. INTEGRATED AGREEMENT. This Agreement, together with attachments or addenda, represents the entire and integrated agreement between ITS and the CRA and supersedes all prior negotiations, representations, or agreements written or oral. This agreement may be amended only by written instrument signed by both ITS and CRA. AMENDMENTS. It is further agreed that no modification, amendment or alteration in the terms or conditions contained herein shall be effective unless contained in a written document executed with the same formality and of equal dignity herewith. 4 1125 C:\Documents and Settings\vielhauers.000\Local Settings\Temporary Internet Files\OLK3C\CRA Technical Services-20031 .doc Rev. 03-05-03 18. 19. 20. BENEFITING PARTIES. This Agreement is intended to benefit the parties to this Agreement. The parties agree that there are no third party beneficiaries to this Agreement and that no third party shall be entitled to assert a claim against either party based upon this Agreement. The parties expressly acknowledge that it is not their intent to create any rights or obligations in any third person or entity under this Agreement. CONSTRUCTION OF AGREEMENT. The terms and conditions herein are to be construed with their common meaning to effectuate the intent of this Agreement. All words used in the singular form shall extend to and include the plural. All words used in the plural form shall extend to and include the singular. All words in any gender shall extend to and include all genders. APPLICABILITY OF FLORIDA'S PUBLIC RECORDS LAW. The parties acknowledge and understand that the rules, regulations and statutes regarding public records are applicable to this Agreement and the services provided thereunder. CRA understands that public records as defined in Chapter 119, Florida Statutes, created with CRA computer equipment, software and hardware, including but not limited to e-mail and internal memoranda, constitute public records under the laws of the State of Florida, and are subject to disclosure unless otherwise exempt. IN WITNESS OF THE FOREGOING, the parties have set their hands and seals this __ day of ., 2003. CITY OF BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY CITY OF BOYNTON BEACH Chairperson Mawr Director ATTEST/AUTHENTICATED: Janet Prainito, City Clerk APPROVED AS TO FORM: 1126 5 C:~Documents and Settings\vielhauers.000hLocal Settings\Temporary Internet Files\OLK3CXCRA Technical Services-20031.doc Rev. 03-05-03 Composite Exhibit 'A' CRA Hardware and Software Inventory HARDWARE Item Manufacturer Model Serial Number CPU Dell Optiplex GX240 6B63T11 CPU Dell Opti@lex GX240 1 B63T11 CPU Dell Optiplex GX260 BH2PZ11 Laser Printer HP 4100N SUSLNF07140 Ink Jet Printer HP CP1700 Scanner HP 5490 CXI Digital Camera HP PhotoSmart 318SE Label Writer Dymo Labelwriter 300 Ethernet Hub Nortel 16-Port 00625 SOFTWARE Microsoft Windows XP Microsoft Office XP Professional suite GISmo/GISweb CAS Microsoft Project 2000 1127 Client Agreement and Conditions for CRA Technical Services The City of Boynton Beach Information Technology Services Departments (ITS) and the Community Redevelopment Agency (CRA) has entered into a technical support agreement to provide technical support for the CRA Director and up to two staff members. The items and services include unlimited technical support (during normal business hours: Monday through Friday, 7:30 a.m. to 5:30 p.m.), problem determination and resolution of HP laser and desktop printers, Microsoft Office suite, Dell PC's, e-mail accounts, and network services such as access to GIS and City shared drives. The City Of Boynton Beach and the ITS Department will also extend Disaster Recovery/Business Recovery plan by offering off site storage and retrieval of backup media including CR/RW. Technical support response-resolution parameters are based on problem severity and impact on business operations. Severity Code Customer Impact Service Response to Resolution Customer Time 1 - Critical Business Halted Immediate updates Until Fixed every 30 minutes. 2 - Urgent Business Impacted 2 - 4 Hours 4 Hours 3 - Important Non-critical 1 - 3 days 1 - 3 days 4 - Request Normal Business 3 - 5 days 30 days The City Of Boynton Beach shall not be responsible for any third party software or other hardware other than the three Dell PC's and HP printers. The City Of Boynton Beach would utilize change management policy to address any configuration changes to the CRA PC's, printers and network environment. ITS will extend the enterprise Microsoft agreement to the CRA PC's to provide proper coverage of licenses, upgrades and support. Other services such as Firewall protection, and anti-virus software with automatic updates will apply to the CRA network environment. The City Of Boynton Beach will also extend the GIS enterprise software cost savings to the CRA to access GIS data from the city's network by installing Gismo on two PC's. The Gismo application has the ability to view and run inquire for GIS related layers. 1128 MEMO TO: Board of Directors FROM: Susan Vielhauer SUBJECT: Diversification of CRA funds DATE: March 6, 2003 Staff is concerned with the CRA risk exposure on retaining all of the CRA Funds within a single financial investment instrument, the Money Market Account which is FDIC Insured up to $100,000.00. Staff is recommending purchase of Treasury Bills which are fully backed by the Federal Government for a short term investing of 90 days for the CRA Funds which will not be used within 90 days. Treasury Bills are paying an interest rate of .80 % for 3 months and .87.% for 6 months as of March 7, 2003. The interest rate on the Money Market Account was'. January 1.50% February 1.45% Staff is seeking direction from the CRA Board on the amount of money to invest and the time frame for the investment in the Treasury Bills. Staff is recommending pursuing this investment action until the CRA has an Investment Policy in place. MEMO TO: Board of Directors FROM: Susan Vielhauer SUBJECT: Financials DATE: March 6, 2003 We are still investigating the TIF fund difference and will report to the CRA Board with our findings. The interest rate on the Money Market Account was: January 1.50% February 1.45% The Budget to Actual Comparison report has been adjusted according to the CRA Boards request. Staff has added a Year-To-Date Column with includes the current month of income and expenses. The Salaries expense line item has been expanded to include Contract Labor and Salary Expense. The amount of Contract Labor for Doug, Susan and Annette has been moved from the Professional Services Contracted Services expense line to the Contract Labor under the Salaries line item. We also incurred our first bill on the High School Project and submitted a request for reimbursement from the City's Task Force funding. ASSETS Community Redevelopment Agency of Boynton Beach Balance Sheet Government Funds February 28, 2003 Total Community Redevel~ Cash and Cash Equivalents Receivables Prepaid Expenses Inventory Fixed Assets Real Estate Relax Inn RiverWalk / Promenade / BBB Extension RiverWalk / Promenade / Land MLK Accumulated Depreciation- Fixed Assets Work in Progress Assets Relax Inn RiverWalk / Promenade / BBB Extension RiverWalk / Promenade / Land MLK Total Work in Progress Assets Furniture / Equipment Accumulated Depreciation-Furn./Equip Total Assets LIABILITIES AND FUND BALANCES Liabilities: Accounts Payable Accrued Liabilities Note Payable Total Liabilities Fund Balances: General Fund Change in Fund Balance Total Fund Balances Total Liabilities and Fund Balances 6,117,812.38 $ $ _ $ $ $ _ $ 886,095.30 $ 437.11 $ 4,000.00 $ _ 2,717.18 7,011,061.97~ $ $ $ 1,147.72 2,226.31 2,877,525.55 2,880,899.58 $ $ 2,912,865.22 1,217,297.17 4,130,162.39 7,011,061.97 Community Redevelopment Agency of Boynton Beach Revenue Tax Increment Funds Tax Increment Funds: Total Tax Increment Funds Income Statement February 28, 2002 Current YTD Current Total $0.00 $1,330,408.92 $1,330,408.92 City Funds City Transfer Funds Total City Funds $0.00 $1,330,408.92 $1,330,408.92 $0.00 $17,834.98 $17,834.98 Grants, Project Reimbursements Grant Funding Total Grants and Projects $0.00 $17,834.98 $17,834.98 Interest Income Interest Income Total Interest Income $o.oo $o.oo $o.oo $o.oo $o.oo $o.oo Other Income Other Income Total Other income $6,784.41 $30,316.97 $37,101.38 $6,784.41 $30,316.97 $37,101.38 Total Sources of Funds $0.00 $1,444.00 $0.00 $1,444.00 $6,784.41 $1,380,004.87 $1,444.00 $1,444.00 $1,386,789.28 Uses of Funds Debt Service Debt Service Principal Payment Interest Expense Payment Total Debt Service Project Expenses Festivals / Events / Seminars Way-Finding Signage Facr,,ade Grant Program Economic Incentive Program High School Project Total Project Expenses General & Administrative Salaries Payroll Tax Property Insurance Workers Compensation Health Insurance Life Insurance Professional Fees - Audit Professional Fees - City Staff Professional Fees - Contracted Services Professional Fees - Legal Professional Fees - Maint. & Cleaning Professional Fees - IT Support Advertising Expense Telephone Expense Electric Expense Rent Expense Office Leasehold Improvements Printing Office Supplies Printing Programs Mileage & Delivery Seminars Staff/Board Business Meeting Expense Licenses, Fees, Permits Membership, Subscriptions Books & Publications Career Development Office Supplies Office Furniture / Equipment/Setup Professional Insurance Equipment Leases Miscellaneous Car Allowance Director Bonding / Liability Insurance Total General & Administrative Total Application of Funds Fund Sources in Excess of Application Current $o.oo $o.oo $o.oo $400.00 $2,937.5O $o.oo $o.oo $500.00 $3,337.50 $53,905.62 $1,262.70 $o.oo $o.oo $966.86 $o.oo $o.oo $247.48 ($41,982.56) $8,672.10 $400.00 $647.50 $o.oo $609.02 $115.51 $1,120.00 $o.oo $o.oo $o.oo $48.20 $o.oo $1,303.68 $o.oo $187.00 $o.oo $o.oo $303.86 $0.00 $0.00 $343.00 $o.oo $276.92 $o.oo $28,426.89 $31,764.39 ... ($24,979.98) _. 'D YI'D $o.oo $o.oo $o.oo $8,453.49 $2,787.82 $o.oo $o.oo $o.oo $11,241.31 $11,923.06 $1,248.38 $360.0O $o.oo $3,614.99 $o.oo $o.oo $441.43 $59,330.04 $7,043.80 $588.86 $o.oo $300.00 $3,396.96 $515.91 $4,600.00 $1,135.70 $774.50 $o.oo $193.97 $2,768.34 $544.42 $179.50 $1,852.37 $130.76 $o.oo $1,697.24 $15,351.89 $3,904.00 $775.18 $221.79 $1,246.14 $1,847.18 $125,986.41 $137,227.72 $1,242,777.15 Current Total $o.oo $o.oo $o.oo $8,853.49 $5,725.32 $o.oo $o.oo $500.00 $15,078.81 $65,828.68 $2,511.08 $36O.OO $o.oo $4,581.85 $o.oo $o.oo $688.91 $17,347.48 $15,715.90 $988.86 $647.50 $300.00 $4,005.98 $631.42 $5,720.00 $1,135.70 $774.50 $o.oo $242.17 $2,768.34 $1,848.10 $179.50 $2,039.37 $130.76 $o.oo $2,001.10 $15,351.89 $3,904.00 $1,118.18 $221.79 $1,523.06 $1,847.18 $154,413.30 $169,492.11 $1,217,297.17 February 27,2002 Beginning Balance Revenues TIF Taxes City Transfer Funds Grant Funding Interest Income Other Income Total Revenue Expenditures Personsl cost Salaries Salary Expense Contract Labor Total Salaries Payroll Taxes Workers Comp Health Insurance Life Insurance Total Peraonel Cost Professional Services Legal City Staff Contracted Services Audit Maint. & Cleaning I.T. Support Total Professional Services Office Rent Expense Phone Expense Electric Expense Office Total Equipment Leases Expanses Insurance Property Insurance Bond/Liability Insurance Professional Insurance Insurance Total Travel Expanse Business Meetings Seminars Mileage & Delivery Services Car Allowance- Director Total Travel Expenses Office Supplies Licenses, Books, Publication Licenses, Fees, Permits Memberships, Subscriptions Books & Publication Total Licenses, Books, Publication Advertising & Public Notices Career Development Printing Office Expanse Miscellaneous Expanse Debt Service Principal Payment Interest Expanse Total Debt Service Operating Expense Community Redevelopment Agency of Boynton Beach 2002/2003 Year To Current 2002/2003 Amended Date Period Budget 1/14/2003 Totals February 5,780,416.00-- 5,790,391.00 5,790,391.00 6,161,206.01 1,675,380.00 1,675,380.00 1,330,408.92 0.00 385,000.00 385,000.00 17,834.98 0.00 0.00 0.00 0.00 0.00 15,000.00 15,000.00 30,316.97 6,784.41 0.00 0.00 1,.~.00 0.00 7,855,796.00 7,865,771.00 1,380,004.87 6,784.41 Y'rD 02/03 % of Totals Including Budget Budget Current Month Remaining . Remaining 6,114,438.58 6,t14,438.58 1,330,408.92 344,971.08 79% 17,834.98 367,165.02 5% 0.00 0.00 N/A 37,101.38 N/A 247% 1,444.00 N/A N/A 1,386,789.28 712,136.10 11,923.06 11,923.06 0.00~ _ 41,982.56 155,000.00 -- 155,000.00' 11,923.06 53,905.62 11,625.00 11,625.00 1,248.38 1,262.70 8,130.00 8,130.00 0.00 0.00 21,000.00 21,000.00 3,614.99 966.86 540.00 540.00~ 0.00__ 0.00 196,295.00 - 196,295.00 16,786.43 56,135.18 21,600.00 21,600.00 7,043.80 8,672.10 6,000.00 6,000.00 441.43 247.48 100,000.00 100,000.00 59,330.04 -41,982.56 7,500.00 7,500.00 0.00 0.00 2,700.00 2,700.00 588.86 400.00 12,000.00 12,000.00 0.00 647.50 149,800.00 149,800.00 67,404.13 -32,015.48 38,880.00 38,880.00 4,600.00 1,120.00 9,360.00 9,360.00 3,396.96 609.02 2,100.00 2,100.00 515.91 115.51 50,340.0~- 50,340.00 8,512.87 1,844.53 3,600.00 3,600.00 775.18 343.00 1,250.00 1,250.00 380.00 0.00 1,000.00 1,000.00 1,647.18 .0.00 2~000.00 2,000.00 3,904.00 0.00 4,250.00 4,250.00 6,111.18 0.00 1,500.00 1,500.00 544.42 1,303.68 2,000.00 3,000.00 2,768.34 0.00 1,750.00 1,750.00 193.97 48.20 3,600.00 3t600.00 1,246.14 276.92 - 8,850.00 9,850.00 4,752.87 1,628.80 1,800.00 1,800.00 1,697.24 303.86 250.00 250.00 179.50 0.00 1,500.00 3,000.00 1,852.37 187.00 250.00 250.00 130.76 0.00 2,000.00 3,500.06 2,162.63 187.00 4,000.00 4,000.00 300.00 0.00 750.00 750.00 0.00 0.00 1,250.00 1,250.00 774.50 0.00 500.00 500.00 221.79 0.00 0.00 130,640.53 0.00 0.00 0.00 186,657.74 0.00 0.00 0.00 317,298.27 0.00 0.00' 743,233.27 109,498.82 28,426.89 423,435.00 23,846.12 41,982.56 65,828.68 89,171.32 58% 2,511.08 9,113.92 78% 0.00 8,130.00 100% 4,581.85 16,418.15 78% 0.00 540.00 100% 72,921.61 123,373.39 63% 15,715.90 5,864.10 27% 688.91 5,311.09 89% 17,347.48 82,652.52 83% 0.00 7,500.00 100% 988.86 1,711.14 63% 647.50 11,352.50 95% 35,388.65 114,411.35 76% 5,720.00 33,160.00 85% 4,005.98 5,354.02 57% 631.42 1,468.56 70% 10,357.40 39,982.60 79% 1,118.18 2,481.82 69% 380.00 890.00 71% 1,847.18 -847.18 -85% 3,904.00 -1,904.00 -95% 6,111.18 -1,861.18 -44% 1,648.10 -348.10 -23% 2,768.34 231.66 8% 242.17 1,507.83 86% 1,523.06 2,076.94~ 58% 6,381.67 2,468.33 28% 2,001.10 -201.10 -11% 179.50 70.50 28% 2,039.37 960.63 32% 130.76 119.24 48% 2,349.63 1,150.3/ 58% 300.00 3,700.00 93% 0.00 750.00 100% 774.50 475.50 38% 221.79 278.21 56% 0.00 130,640.53 100% 0.00 186,657.74 100% 0.00 317,298.27 100% 137,925.71 604,307.56 143% PROGRAMS Office Equipment/Furniture 20,000.00 20,000.00 Office Leasehold Improvements 35,000.00 35,000.00 Pdnflng Programs 25,000.00 25,000.00 Festivals/Events/Seminam 50,000.00 50,000.00 Fa~ade Grants 100,000.00 100,000.00 Economic Incentive Grants 100,000.00 100,000.00 PEOJECTS Relax Inn Closing & Demo 1,100,000.00 1,100,000.00 Riverwalk I Promanade Projects 750,000.00 750,000.00 MLK Commercial 250,000.00 250,000.00 Way-Finding Signage 25,000.00 25,000.00 Riverwalk / Promanade Land 200,000.00 200,000.00 High School Project 0.00 0.00 TOTALS EXPENSES 3,078,435.00 .3,398,233.27 Note Payable 3,000,000.00 0.00 TOTAL RESERVE BALANCE _ 1,777~361.00 18,069.07 1,135.70 0.00 8,453.49 0.00 0.00 869,244.96 0.00 0.00 2,787.82 0.00 0.00 1,009,189.86 0.00 4,467,537.73 6,161,206.01 0.00 0.00 0.00 400.00 0.00 0.00 16,850.34 437.11 0.00 2,937.50 4,000.00 500.00 53,551.84 0.00 6,114~438.58 18,069.07 1,135.70 0.00 8,853.49 0.00 0.00 886,095.30 437.11 0.00 5, 725.32 4,000.00 500.00 1,062,741.70 0.00 6,438,486.16 1,930.93 33,864.30 25,000.00 41,146.51 100,000.00 100,000.00 213,904.70 749,562.89 250,000.00 19,274.68 196,000.00 0.00 2,334~991.57 0.00 4,491,583.11 10% 97% 100% 82% 100% 100% 19% 100% 100% 77% 98% V. 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. I [ 3C The CRA shall furnish 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 appeal is to be based. 1131 The CRA shall furnish 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. DEPARTMENT OF DEVELOPMENT PLANNING & ZONING DIVISION MEMORANDUM NO. PZ 03-056 TO: THROUGH: FROM: DATE: SUBJECT: Chairman and Members Community Redevelopment Agency Board Michael Rumpf Planning and Zoning Director Eric Lee Johnson, AICP Planner March 5, 2003 Dakota Lofts - MSPM 02-006 Conditions of Approval #-46 Review of Elevations and Floor Plans ADDENDUM The City Commission originally approved the Dakota Lofts site plan (NWSP 01-010) on January 15, 2002; subject to, in part, conditions to enhance certain building facades. Subsequent to City Commission approval, the property ownership changed to the now current owner. The new owner requested major site plan modifications to the elevations and floor plan drawings (MSPM 02-006). On January 14, 2003, the Community Redevelopment Agency (CRA) unanimously recommended approval of the request for major site plan modification. The modifications included building fa(;ade / roof enhancements and floor plan changes. However, due to the lack of compliance with the original design-related condition, the CRA specifically requested (as a condition of approval), that the elevation and floor plan drawings return to the CRA for their review prior to the issuance of a building permit (see Exhibit "C" - # 46, Conditions of Approval). For ease of comparison, the CRA also requested that the applicant provide them "before and alteC' elevations. The applicant agreed to the new CRA conditions and the City Commission ratified the CRA recommendation on January 21, 2003. The project consists of 19 townhouse units proposed within three (3) separate buildings, namely a five (5)-unit, a six (6)-unit, and an eight (8)-unit building. The CRA originally had concerns regarding the appearance of the building facades that face South Federal Highway. The applicant addressed this concern by enhancing all building facades of all three (3) buildings. The elevation drawings show that decorative foam medallions have been added to the front faCades. Second and third-stow porches have been added to the rear elevations. These porches include decorative columns, faux stucco accent banding, and faux-stone guard railings. In addition, two (2) bay windows with raised stucco accent bandings and faux-stone foam brackets have been added to the third- stow on the sides of each building. Previously, the CRA added a condition of approval to the site plan that stated, "the east facades of the "A-2" units shall be designed to prevent visibility from units (second and third stories only) onto adjacent single family 1147 EXHIBIT "C" Conditions of Approval -Revised 01-15-03 Project name: Dakota Lofts File number: MSPM 02-006 Reference: 2"a review revised plans identified as New Site Plan. File # NWSP 01-010 w/th a December 17, 2002 Planning & Zoning date stamp marking. DEP?A:~TMENTS INCLLrDE REIECT PUBLIC ~ORKS Comments: None X UTII~ITIES Cow,iients: 1. Fire flow calculations w/Il be required demonstrating the City Code X -' "requirement of 1,500 g.p.m, as stated in LDR Chap. 6, Art. IV, Sec. 16, or the requirement imposed by insurance underwhters, whichever is ~eater (see CODE Sec. 26-16(a)). 2. The existing well, as shown on Parcel 2 of the survey prepared by O'Brian, X Suiter & O'Br/an, Inc. dated July 17, 2001, is considered a community well. It currently serves the dwellings at 2 Virginia Gardens Drive and 821 Bamboo Lane. It w/Il be a requirement of the applicant to either 1) connect this residential dwelling to city water that is available to it, or if that resident owner elects to forgo city water, 2) install a new well to serve the residential dwellin$. Comments: 3. The fzre engine turn azound area at the southeast comer of the subject X property shall have a minimum centerline radius of 50 feet. POLICE - Comments: None X ENGINEERING DIVISION Comments: 4. Perm/ts must be obtained for work w/thin the public right-of-way (LDtL Chapter 22, Article II, Section 7). X 5. Show all existing utilities on Site Characteristics Map (Survey) and Site X Development plan (LDR, Chapter 4, Section A.3). llA~: EXHIBIT "B" Z Z Z 1162 EXHIBIT "B" DAKOTA HOMES EXHIBIT "B" b,i ill its ~I~ PI,~HHI~IG C C Z IBIT DAKOTA LOFTS TOVVNHOME~ EXHIBIT "B" EXHIBIT "B" ,1 i~58 EXHIBIT "B" el" ]~5'7 ~BCHI'~E~'T'&I BE, 1156 EXHIBIT "B" 3.34,33 EXHIBIT "B" Z FI,,RNNIN~ EXHIBIT "B" qz 5 EXHIBIT "B" ;~::. ' "- - ~,1 --~, ~e-~ ~ ...... ~ ,' ~ -.~ c ~ .... ~! Z ~ 207 EXHIBIT "B" II II EXHIBIT "B" C 2: C Z C C Z C C C Location Map DAKOTA LOFTS EXHIBIT "A" i '%. i !¢iCWW ,/ .i ii 1149 properties to the east". In deference to this previous condition, staff recommends incorporating block or obscured glass into the design of the windows on building facades that face the single-family neighborhoods to the east (see Exhibit "C" #40, Conditions of Approval). - Notes on the revised elevation drawings (sheet A-8) indicate that the roof will be made of "S-type" Spanish Cement Roof tiles. However, the applicant is requesting that the roof style be changed to "Terra Cotta" S-tile roof (see attached eight and one-half (8½) inches by 11 inches paint swatch page). The stucco on all walls will be dark tan in color (Behr #841- Nuevo Terra). The triangular pediments will have scored stucco and also painted dark tan. The columns will have faux stucco accent bandings. All decorative columns, foam decorative medallions, faux-stone guard railing, bandings, front doors, and garage doors will be painted cream (Behr #832 - Tanstone). The edge of the pediments and the fascia will be light green (Ralph Lauren #GH77 - Capri). Revised elevation and floor plan drawings dated February 18, 2003 are included with this packet. The applicant did not provide floor plans for the eight (8)-unit building; however, staff was told that the floor plans would be almost identical to the floor plans of the other buildings. Also, attached to the set of plans is a page with the proposed paint swatches and also an eight and one-half (8~) inches by 11 inches colored rendering. -. These paint swatches, which accuratelY represent the colored drawings attached to the plans will supersede the Building Colors notes on the elevation drawings. Please note that the attached conditions of approval represent a consolidation of the original conditions of approval. However, the bold-faced conditions of approval represent those from the January 21, 2003 review. S:~Plannin¢SHARED\WP\PROJECTS\DAKOTA LOFTS~MSPM 02-006\Staff Report AD. 3,-4-03.doc 1148 Conditions of Approval DEPARTMENTS 6. Show flow data graphically (flow arrows). Provide details for exfiltration trenches, catch basins, and manholes. Indicate, by note, that storm water will be contained on site (LDR, Cha].xer 23, Article E.F.). ._.____--- 7. Provide data of underground soil conditions (LDR, Chapter 6, Article IV, Section 9). Proposed site is in close proximity to the Intracoastal Waterway and muck excavation is more likely to be encountered. (LDR, Chapter 6, Article IV, Section 9). ~ Add a note to the landscape plan that within the sight triangles there shall be unobstructed cross-visibility at a level between 2.5 inches and 6 (six) inches above the pavement (I_.DR, Chapter 7.5, Article E, Section 5.H.). Show sight triangles graphically on the site plan and landscaping plan. Reference FDOT Standard Index 546 for the sight triangles along all collector and arterial 9. Provide an irrigation plan in conformance with the LDR, Chapter 7.5, Article Section 5. 10. Provide signing and str/ping plans in accordance with the LDR, Chapter 6, Article II, Section 17 and Chapter 23, Article 1I, Section B, which identifies all necessary traffic control devices such as stop bars, stop signs, double yellow lane separators striping, directional arrows and "Do Not Enter" signage, etc. Also see Ciq~ S~-andard Drawings B-98001 and B-90013 for ~ · ' details. 11. Prov/de detail for dumpster enclosure area (LDR Chapter 7.5, Article II, Section 5.J., Chapter 9, Section 10.C.3, and City Of Boynton Beach Standard Drawin: A-88007. 12. Provide a typical section for paring lot pavement conforming to LDK, 23, Article ll. Oc... 13. If the houses are fee simple, then a plat shall be submitted along with construction drawings. 14. The road on the south side of the property ('Bamboo Lane) is deficient with respect to fight-of-way w/dth and pavement width. Bamboo Lane will be required to be widened to 22 feet, to the entrance to the development, to meet minimum street pavement widths (I_.DR, Chapter 6, Article IV, Section 10.c). Because Virginia Garden Drive has been determ/ned to be a private drive it w/Il be exempted from any upgrades to the roadway. However a turn-around area shall be provided pursuant to Chapter 6, Article IV, Section 10.D). Streets shall be designed in accordance w/th all applicable sections of the Code and LDR. 15. Provide details for water, sanitary sewer, and storm sewer improvements. Provide detail(s) for the water line crossin_.~with sanitary and storm sewer. BUILDING DMSION ~CLUDE X X X X X X X X X X KEYECT 1166 DEPARTMENTS Corrlments: 16. From the FIRM map, identify in the site data the title of the flood zone that the building is located within. Where applicable, specify the base flood elevation. If there is no base flood elevation, indicate that on the ~ 17. Identify the floor elevation that the design professional has established for the building within the footprint of the building that is shown the drawings 18. At time of permit review, provide a completed and executed City unity of title form. The form shall descr/be all lots, parcels or tracts combined as one lot. A copy of the recorded deed with legal descriptions of each property that is being unified is required to be submitted to process the form. The property owner that is identified on each deed shall match. 19. At time of permit review, submit s/gned and sealed working draw-ings of the construction. 20.-At time of permit re,flew, submit a copy of the recorded resolut/on that ver/fies the abandonment of the alley ri hr-of-way or easement. 21. Add a labeled symbol to the site plan drawing that represents and delineates the path of travel for the accessible route that is required for the recreational amenities that are provided for the project and other common area elements !ocated at the site. The symbol shall represent the location oft. he path of travel, not the location of the detectable warning or other pavement markings that are required to be installed along the path. The location of the accessible path shall not compel the user to travel in a drive/lane area that is located behind parked vel-ficles. Identify on the plan the width of the accessible route. (Note: The minimum width required by the code is forty-four (44) inches). Add text that would indicate that the symbol represents the accessible route and the route is designed in compliance with regulations specified in the Florida Accessibility Code for Building Construct/on. Please note that at time of permit review, the applicant shall provide detailed documentation on the plans that will verify that the'accessible route is in compliance w/th the regulations specified in the Florida Accessibility Code for Building Construction. This documentat/on shall include, but not be limited to, elevations alo~ath of travel. 22. At time of permit review, submit for review an addressing plan for the iect. PARKS AND RECREATION Comments: 23. List on the site plan the site elements for which recreation credit will be 24. As a condition of issuance of a land development order for res/dent/al 1167 ]YgCLU-DE X X X X X X X X X R-EJECT Condkio~ of Approval KEJECT planned unit developments, the developer shall dedicate land, pay a fee in lieu th~eof, or both, at the option of the city, for park or recreational purposes and according to the standards and formula in Chapter 1, Article V in the Land Development Code. The total recreation dedication requirement will be calculated as follows: I9 d.u. x .015 acres = .285acres '/-. credit may be given against the requirement of land dedication or payment of fees. 72 private recreation credit will be calculated as follows: .285 acres / 2 = .1425 acres The Developer may want to consider dedication of the land, or a combination of dedication and fee. 25. If the property is not required to be platted, the recreation dedication fee will X .. 'be due prior to the building p~m~it being issued. 26. Provide to the Parks Div/sion at the close of the construction contract as-built X plans showing locations of irri~ation lines in the rights-of-way and medians. 27. In order to earn V2 recreation credit, the developer needs to provide a X minimum of 5 of the local park basic requirements listed below, or a ~ombination of such, and other recreational improvements that will meet recreation park needs of future residents of the area: Children's Play Apparatus Area Landscape Park-Like & Quiet Areas Family Picnic Areas Game Court Arms Turf Playfield Swimming Pool & Lawn Areas Recreation Center Building 28. In the opinion of the Parks Depa,[ment staff, the recreation elements shown X on the plans do not meet the needs of the future residents..At a mutually convenient time, the Parks Department staff will be happy to meet with the developer to discuss available options to meet the intent of the recreation dedication requirements for the project, t - FORE STER/E~'¥VIRONM~NTAI ,IST - Comments: None PLANNING A~ND ZONING - 1168 Comments: DEPARTMENTS ~ 29. Update the site plan tabular data to accurately reflect the total number ===='======~ of provided parking spaces. X 30. The subject property must be platted prior to the issuance of any building ~?ermits. X 3 I. The ground level }iVAC units shall be screened with landscaping. X 32. On the site plan, show the location of all outdoor freestanding lighting X poles. Provide a typical drawing that includes the height and color / material of all prol~osed freestandingoutdoo~oles. 33. Include a color rendering of all elevations prior to the Community X Redevelopment Agency meeting. 34. The floor plan must include the scale of the drawing. Provide floor ~plans of the flve~ unit bufldin_~t~s. X 35. The foundation landscaping shall be required in the front and side of X each multi family dwelling unit (Chapter ?.S, Article II, Section S.L.). If the front is unable to accommodate landscaping, enhance the landscaping proposed along the sides of the buildings. 36. On the !andscape plan, label the vegetation to be preserved. X 37. On the site plan, identify the location of the 2~ story balcony to ensure · that the balcony limits do not extend beyond the perimeter of each fee- X ; simple townhouse unit. 38. The configuration of the parking lot on the landscape plan shall matcl~ X the arkin loton allother lans. ADDITIONAL ~ ~' CO1VIMTO'NITY REDEVELOPMENT AGENCy BOARD ~ CONDITIONS Comments: 39. Condition #3 shall be revised to require that a 40-foot wide (min.) X emergency access way be provided at southeast comer of project and kept clear of tree trunks and shrubs, and stabilized. 40. The east facades of the "A-2" units shall be designed to prevent visibility X from units (second and third stories only) onto adjacent single family properties to the east. 41 Project shall include decorative lighting fixtures not to spill light onto X adjacent single family properties. 42. Enhance landscaping along Federal Highway particularly at north and south X comers of project. 1169 t TO: THRU' FROM: DATE: DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 03-054 STAFF REPORT Chairman and Members Community Redevelopment Agency and City Commission Michael W. Rumpf Maxime Ducoste Februa~ 24, 2003 PRO]ECl' NAME/NO: REQUEST: Holly Variances/ZNCV 03-001 Relief from the City of Boynton Beach Land Development Regulations, Chapter 2, Zoning, Section 5.F.2.a/5.E.2.a, requiring sixty (60) foot minimum lot frontage to allow a ten (10) foot variance, resulting in a fifty (50) foot lot frontage for a single family house within a R-2 zoning district; and Relief from Chapter 2, Zoning, Section 5.F.2.a, requiring a minimum side yard setback often (10) feet to allow for a variance of 2.5 feet and a side setbacks of 7.5 feet on each side for a single-family home within the R-2 zoning district. Property Owner: Applicant/Agent: Location: Existing Land Use/Zoning: Proposed Land Use/Zoning: Proposed Use: Acreage: Adjacent Uses: North: South: East: PRO3ECT DESCRIP'r~ON .lanice Holly George Homrich 133 N.E. 4m Avenue, East 50 feet of the south 150 feet of Lot 3, Block 3, Shepard Addition. Medium Density Residential (MeDR)/R-2 Medium Density Residential (MeDR)/R-2 Single-family house 0.17 Acre (7500 square feet) A single-family house zoned R-2, single and two-family residential district; 1132 N.E. 4th Avenue right-of-way, and farther south a single-family house zoned R-2, single and two-family residential district; Vacant property zoned R-2, single and two-family residential district; and Staff Report Memorandum No PZ-03-054 Page 2 West: A duplex property zoned R-2, single and two-family residential district. BACKGROUND The subject vacant property is located within the Shepard Addition subdivision. Tt is currently zoned R-2, single and two-family residential dwelling district (see Exhibit "A"- Location Hap). With the exception of the adjacent lots to the north, east, and northeast, the neighborhood is mostly developed. The Shepard Addition was platted in :[9:[2 (see Exhibit "B"-Shepard Addition Subdivision Plat). This plat was composed of 8 lots each with :[00 feet of frontage and 300 feet of depth. However, Lots :[ through 5 have frontage on N.E. 4th Avenue. Originally, Lot 3 met the minimum requirements of the R-2 zoning district. Subsequently, Lot 3 was subdivided, which resulted in the creation of the subject vacant parcel, Lot 3. :[ (see Exhibit "C"- Shepard Addition Current Lot Layout). The subject vacant parcel (Lot 3.:[) has a frontage of 50 feet and a total area of 7,500 square feet. It is a non-conforming lot, because it does not meet the R-2 district regulations. In this case, Section :[ :[. :[, Non-conforming regulations is not applicable since the parcel is not an original whole platted lot. It should be noted that the R-2 zoning district allows development of a single-family residence. However, only the minimum lot area (6000 sq.ft.) and frontage (60 ft.) are as required in the R-1 zoning district. Therefore, the minimum requirements to build a single-family dwelling in the R-2 zoning district (Chapter 2, Zoning, Section 5, F.2.a.) are as follow: · Lot area: 6000 square feet · Lot frontage: 60 feet · Front setback: 25 feet; · Rear setback: 25 feet; · Side setbacks: 10 feet. The applicant is proposing the following lot characteristics and setbacks: · Lot area: 7500 square feet (Chapter 2, Zoning, Section 5, E.2.a.) · Lot frontage: 50 feet (Chapter 2, Zoning, Section 5, E.2.a.) · Front setback: 35 feet; · Rear setback; 79 feet; · Sids setbacks: 7.5 feet Mr. George Homrich, applicant and contract purchaser is requesting the two variances referenced above in order to construct a single-family residence on a substandard lot (see Exhibit "D"- Proposed Building). ANALYSZS The code states that the zoning code variance cannot be approved unless the board finds the following: a. That spec/a/conditions and circumstances ex/st which are peculiar to the/and, structure, or building involved and which are not applicable to other/ands, structures or buildings in the same zoning district. 1133 b. That the spec/a/conditions and circumstances do not result from the actions of the applicant. c. That granting the variance requested w#/ not confer on the applicant any spec/a/privilege that is Staff Report Memorandum No PZ-03-054 Page 3 denied by this ordinance to other/ands, buildings, or structures/n the same zoning district. That literal interpretation of the provisions of this ordinance would deprive the applicant of rights commonly enjoyed by other properties in the same zoning d/strict under the terms of the ordinance and would work unnecessary and undue hardship on the applicant. e. That the variance granted/s the m/n/mum variance that will make possible the reasonable use of the /and, building, or structure. That the grant of the variance will be/n harmony with the genera/intent and purpose of th/s chapter [ordinance] and that such variance will not be injurious to the area involved or otherwise detrimental to the pub/lc we/fare. Staff reviewed the requested variances focusing on the applicant's response to the above criteria contained in Exhibit "E". Staff concurs with the applicant's response to criteria "b"above that there exists special conditions peculiar to the subject parcel, name/y/otfrontage. Staff acknowledges that the previous owners have likely caused the non-conformity by subdividing the original conforming lot, therefore conflicting with criterion "b"above. Also, regardless of what allowable use is proposed for Lot 3.1, unless assembled with adjacent property, the subject variance for the lot frontage would be required, as the minimum variance needed to make possible the reasonable use of the land. According to the applicant's response to the above criteria, other properties in the neighborhood do not have :LO-foot side yard setbacks. Therefore, the applicant feels that he is also entitled to similar privileges. should be noted that any building encroachments on nearby properties were likely done at an earlier time period when the regulations and process may have been less formal and stringent. :It appears that modern improvements within the area were made according to current regulations (setbacks). The request for side yard setback reduction could therefore represent a grant of special privilege to the applicant. With respect to impacts on the area, and satisfying criterion "f" above, regarding the request for setback reductions staff acknowledges that if the standard building envelope is expanded closer to the property lines, the impacts on adjacent properties can include reduced light, air flow, and views. However, due to the similarity between the proposed single-family use and nearby single and two-family uses, the impacts upon the abutting parcels are not significant. The subject request for the reduction in the required lot frontage would likely generate no negative impacts upon adjacent properties, but help improve the overall effort of redevelopment within this area. It should be noted that the minimum side setback applicable to a 50-foot wide lot eligible for the non-conforming lot provisions is 7 1/2 feet. With respect to item "e' above, which relates to the magnitude and necessity of the variance, Staff realizes that the design of the proposed residence can be accomplished within the required 10-foot side setbacks providing a 30-foot wide house, which represents only a 5-foot reduction from the maximum width proposed allowed by the 10-foot side yard setback. The required 10-foot setbacks on both sides of the proposed house would limit the design of the structure extending it toward the rear of the property where adequate space exists to compensate for any reduced building width. This option would not likely reduce any functionality of the proposed residence. 1134 Lastly, staff finds that granting the lot frontage variance would not be injurious to the area or detrimental to the public welfare. On the contrary, the proposed improvement would be consistent with existing characteristics of the neighborhood including lot sizes, lot frontages, house sizes and styles. However, staff finds that the variance for both side setback reductions would contrast the improvements in the neighborhood which comply with the minimum :~0-foot side setbacks. Staff Report Memorandum No PZ~03-054 Page 4 ,RECOMMENDATION Staff recommends that the request for relief from Chapter 2, Zoning, Section 5.F.2.a. / 5.E.2.a, to allow a 10 foot variance from the 60 foot minimum lot frontage to allow a 50 foot lot frontage be approved because of the following reasons: 1. This request will not be injurious to the area or detrimental to the public welfare; 2. It will be consistent with the existing characteristics of the neighborhood including lot sizes, lot frontages, house sizes and styles; 3. The variance requested is the minimum necessary to make possible the reasonnable use of the land. However, staff recommends that the request from Chapter 2, Zoning, Section 5. F.2.a./5.E.2.a. to allow for a side setback variance of 2.5 feet and side setbacks of 7.5 feet on each side for a single-family home be denied for the following reasons: 1. Lack of traditional hardship, and specifically, that relief is not necessary to make possible the reasonnable use of the land; 2, The special conditions and circumstances are a result of actions taken by the applicant (e.g. design and layout of the proposed improvement); and 3. It is inconsistent with the code requirements. No conditions of approval are recommended; however, any conditions of approval added by the Community Redevelopment Agency Board or the City Commission will be placed in the Exhibit "F" conditions of approval. - MWR/MD S:\Planning\SHARED\WP\PROJECTS\Holi¥ Variances\STAFF REP.doc 1135 Location Map Holly Variance EXHIBIT "A" NE 5TH AVE_ C3 200 0 200 400 Feet , C4 1136 '3OO 1137 5T 0 0 EXHIBIT "B" ° o EXHIB )> F- O 0 1138 EX ,5' 350' 3600' 3600' .t N E bt Street I~0,00' North .%e,~cr-e** ~Soulev,.~rd BIT "D" EXHIBIT "D" FLOOR PLAN 1140 ,4,~E A C,,&LCUL,b-,T I ON5 C.C,',/E_F~.P ?ORCt-.I 2~3 SF. TOT,~,L: 18,22 ~F. , _1 EXHIBIT "D" E×HII¢I I "D" Z I t.. Z 0 1142 EXHIBIT "E" Responses to questions on variance application #5, A-F A. The lot is thin (50 ft.) B. This lot was originally 50 ft. and has not been changed by applicant. C. Currently, there are other properties within the area that do not have a 10 ft. set-back. D. The interpretation of the provisions of this chapter currently conflict with the design of older houses in the area. E. We are asking for an additional five (5) ft. in order to construct a 35 ft. wide house, increasing curb appeal. F. In no way will granting this variance negatively effect the appearance or use of this property or the others surrounding it. 1143 EXHIBIT "F" Conditions of Approval Project name: Holly Variances File number: ZNCV 03-001 Reference: DEPARTMENTS INCLUDE REJECT PUBLIC WORKS- General Comments: None PUBLIC WORKS- Traffic Comments: None UTILITIES Conunents: None FIRE Comments: None POLICE Comments: None ENGINEERING DMSION Comments: None BUll.DING DMSION Comments: None PARKS AND RECREATION Comments: None FORESTER/ENVIRONMENTALIST Comments: None PLANNING AND ZONING Comments: None 1144 ADDITIONAL COMMUNITY REDEVELOPMENT BOARD CONDITIONS Conditions of Approval 2 DEPARTMENTS I iNCLUDE / REJECT Comments: 1. To be determined. ADDITIONAL CITY COMMISSION CONDITIONS Comments: 1. To be determined. S :~PlanningkS HARED\WP~PRO/ECTS\HolIy VadanceskCOA.doc 1145 DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Homrich Variance (Holly Variance ZNCV 03-001) APPLICANT'S AGENT: George Homrich APPLICANT'S ADDRESS: 501 N.E. 3rd Street Boynton Beach, FL 33425 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: March 18, 2003 TYPE OF RELIEF SOUGHT: LOCATION OF PROPERTY: 133 N.E. 4th Avenue Boynton Beach, FL 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 Planning and Development Board, which Board 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. 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: 1146 S:\Planning\SHARED\WP\PROJECTS\Homrich Variance\DO.doc City Clerk TO: FROM: THROUGH: DATE: PRO.1 ECT NAME/NUMBER: REQUEST: DEVELOPMENT DEPARTMENT PLANNTNG & ZONTNG DZVZSTON MEMORANDUM NO. PZ 03-052 Chairman and Members Community Ri~t Agency Board and City Commission Dick Hudson, Senior Planner Michael W. Rumpf Director of Planning and Zoning February 24, 2003 Beck's Towing and Recovery/LUAR 03-001 To reclassify the property from General Commercial (GC) to Industrial (I) and rezone from C-4 General Commercial to M-1 Industrial Property Owner: Applicant/Agent: Location: Existing Land Use: Existing Zoning: Proposed Land Use: Proposed Zoning: Proposed Use: Adjacent Uses and Zoning: North: South: PRO.1ECT DESCR/PTI:ON Custom Property Services, Inc. Stephen Beck/Carl A. Cascio, P. A. 410 N. E. 5th Avenue (Exhibit "A'g General Commercial (GC) C-4 General Commercial Industrial (I) M-1 Industrial Auto towing and storage Right-of-way of N.E.5th Ave., then vacant property designated General Commercial (GC) and zoned C-4 General Commercial Developed single-family residence, then auto-related uses, both designated General Commercial (GC) and zoned C-4 General Commercial 1171 Conditions of Approval DEPARTMENTS 43. Provide aesthetic gate or barrier at emergency access point at southeast comer of project to prevent non-emergency use of opening. 44. Provide enhanced project entrance, in part, to include landscaping, signage and possibly a fountain. 45. Substantially improve the west, north and south facades of the buildings along Federal Highway through use of texture, color, dements on the wall such as columns, banding, windows, faux windows, shutters, and / or additional roof features and porches. 46. Final fagade changes pursuant to the above condition shall return to the Board to confirm col a )ermit. ADDITIONAL CITY COM3~SSION CONDITIONS Comments: 40. To be determined. INCLUDE X X X X P-EJECT S:~Ianr!ing\SHARED~WP\PROJECTS~'DAKOTA LOFTS\MSPM 02-006'~CQ~ 2.doc 1170 Page 2 File Number: LUAR 03-001 Beck's Towing and Recovery East: West: Improved alley-way, then developed office-warehouse facility housing a variety of businesses, including glass replacement and metal work, designated industrial (I) and zoned NI-1 Industrial. Right-of-way of N.E. 3rd Street, then developed office-warehouse facility designated General Commercial (GC) and zoned C-4 General Commercial PROJECT ANALYSIS The parcels, which are the subject of this land use amendment, total 0.50 acres (21,900 square feet). Because of the size of the property under consideration, the Florida Department of Community Affairs classifies this amendment as a "small scale" amendment. A "small-scale" amendment is adopted prior to forwarding to the Florida Department of Community Affairs and is not reviewed for compliance with the state, regional and local comprehensive plans prior to adoption. The criteria used to review Comprehensive Plan amendments and rezonings are listed in the Land Development Regulations, Chapter 2, Section 9, Administration and Enforcement, Item C. Comprehensive Plan Amendments: Rezonings. These criteria are required to be part of a staff analysis when the proposed change includes an amendment to the Comprehensive Plan Future Land Use Map. a. Whether the proposed rezoning would be cons/stent with applicable comprehensive p/an po#c/es including but not//m/ted to, a prohibit/on against any increase in dwe/#ng unit density exceeding 50 in the hurricane evacuation zone without written approval of the Palm Beach County Emergency Planning D/v/s/on and the City's risk manager. The planning department shall a/so recommend limitations or requirements, which would have to be imposed on subsequent development of the property, in order to cornp/y with po#c/es contained in the comprehensive p/an. Policy 1.19.4 of the Land Use Element reads: "The City sha# continue to encourage and enforce the development of industrial/and as industrial parks or concentrated industrial areas in order to maximize the linkage between complementary industries." The area adjacent to the subject parcel contains a variety of auto-related businesses. The requested land use amendment and rezoning will allow another such business to locate proximate to those existing uses, thus providing greater opportunities for linkages. Policy 1.9.5 of the Land Use Element reads (in part): "The City, by 2002, shall conduct stud/es and/or prepare redevelopment plans for areas designated by the Pr/mary Target Areas Over/ay. The plans shall, in part,/rnp/ernent or further the adopted Boynton Beach 20/20 Redevelopment l~laster P/an w/th use provisions, development standards and design criteria which may address public improvements, infrastructure, building placement, architectural character, streetscape, 1172 Page 3 File Number: LUAR 03-001 Beck's Towing and Recovery signage, landmark opportunities and un/Wing design concepts. £mplementation mechanisms may include, but are not//m/ted to, adopb'on of overlays in the/and development regulations, amendments to land development regulations, and/or through rezoning to new or existing districts..." The Heart of Boynton Community Redevelopment Plan, as adopted on December 4, 2001, is an implementation measure of the cited policy. The "Proposed Land Use Map" for the redevelopment plan proposes that the land area in the "Arden Park" neighborhood currently designated "Industrial" should be extended westward to include the property on the east side of N.E. 3rd Street (see Exhibit "B'~ · This extension of the industrial-designated land would include the subject property. b. Whether the proposed rezoning would be contrary to the estab/ished land use pattern, or would create an isolated district unrelated to adjacent and nearby d/stricts, or would constitute a grant of special privilege to an individual property owner as contrasted with the protection of the pub/lc we/fare. The requested rezoning would not create an isolated district, but would relate to the adjacent land use designations to the east and to the existing uses in the area generally surrounding the subject property. (The use of the property abutting the south side of the subject site, as a single-family dwelling, is nonconforming with the uses permitted in C-4 General Commercial.) The proposed change is consistent with recommendations of the Heart of Boynton Community Redevelopment P/an. "' c. Whether changed or changing conditions make the proposed rezoning des/table. The adoption of the Heart of Boynton Community Redevelopment P/an, in 200:[, and the recommendations of that plan make the proposed rezoning desirable as a step toward implementation of the plan. d. Whether the proposed use would be compatible with utility systems, roadways, and other public facilities. Properties less than one acre in size are not required to prepare comparisons of water and wastewater demands· Since no additional development is proposed at this time on the subject property, no changes are anticipated in the demands on either water or wastewater. Neither are there any anticipated increases in traffic impacts. With respect to solid waste, in a letter dated December :[8, 200:[ the Palm Beach County Solid Waste Authority has stated that adequate capacity exists to accommodate the county's municipalities throughout the :[O-year planning period. Lastly, drainage will also be reviewed in detail as part of the review of the conditional use application, and must satisfy all requirements of the city and local drainage permitting authorities. eo Whether the proposed rezoning would be compatible with the current and future use of adjacent and nearby properties, or would affect the property values of adjacent or nearby properties. 1173 Page 4 File Number: LUAR 03-001 Beck's Towing and Recovery As stated above under "Project Description", the existing uses generally surrounding the subject site are intense commercial and industrial uses. The proposed land use amendment and rezoning would generally be compatible with existing uses of adjacent properties. f. Whether the property is physically and econorn/ca//Y developable under the ex/sting zoning. The property is currently developed and used as the site of a nursery and lawn maintenance business and could be redeveloped with a broad range of high intensity commercial uses. g. Whether the proposed rezoning is of a scale which is reasonably related to the needs of the neighborhood and the city as a whole. Criteria for evaluating the benefits of the proposed development to the needs of the neighborhood and the City include service demands, intensity, use, value and consistency with Comprehensive Plan policies. As indicated above, impacts of the proposed project on the service delivery and transportation systems will be negligible. It is consistent with the cited Comprehensive Plan policies. " h. Whether there are adequate sites elsewhere in the city for the proposed use, in districts where such use is already a#owed. The amount of land designated for industrial uses is very limited, particularly in the part of the City east of 1-95 so it is doubtful that other sites for this use can easily be found. This location is convenient to the downtown as well as to other ancillary auto-related uses that serve the residents of the City. CONCLUSZONS I RECOFIMEND A'rZON5 As indicated herein, this request is consistent with the intent of the comprehensive Plan; will not create additional impacts on infrastructure that have not been anticipated in the Comprehensive Plan; will be compatible with adjacent land uses and will contribute to the overall economic development of the City. Therefore, staff recommends that the subject request be approved. If the Planning and Development Board or the City Commission recommends conditions, they will be included as Exhibit "C". A1-FACHMENTS 3:\SHRDATA\Planning\SHARED\WP\PRO3EC'~Beck's Towing & Recovery\LUAR\STAFF REPORT.doc 1174 Location Map BECK'S TOWING Exhibit A R3 PU R~ ~ CBD 1175 The Heart of Boynton Redevelopment Master Plan Exhibit B Prelmmd Land Uso Map IlTml IlGIti, Rltqla FigUrl m · Strategic Planning Group, Inc. I (800) 213-PLAN 1176 Page 53 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. 1177 The CRA shall furnish appropriate auxiliary aids and services where necessary to afford an individual with a disability an equal opportunity 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. Memo To: F rom: Date: Subject: CRA Board Douglas Hutchinson March 4, 2003 Director's Update/Workshops Requested Based on prior discussions, it has been noted that several items needed to be discussed in a workshop forum. As indicated below and in a memo to you dated February 26th 2003 the date for the next workshop is proposed be held on March 20t~ 2003 at 6:30 pm in the West Wing Conference Room C. Staff seeks direction and consensus on the feasibility of this date; as well as input on setting the schedule for the other workshop items. 1. CRA Priority List - March 20, 2003 2. Events- TBD 3. Graphics/Web site/Brochure development - TBD 4. Board Selection Criteria -TBD 1178 ovnt, on P each Chamber of Commerce March 5, 2003 Mr. Larry Finkelstein Chairman Boynton Beach CRA 639 East Ocean Avenue, Ste. 109 Boynton Beach, FL 33435 Dear Larry: The Boynton Beach Chamber of Commerce holds a board seat on the Palm Beach County Convention & Visitor's Bureau (CVB) board of directors, as one of the agencies that helped to originate the organization. This Chamber is also a member in good standing of the organization, paying annual dues of $500. to be included in their over-all marketing efforts. If you are not familiar with the CVB, allow me to give you a brief overview of its function. The CVB markets PBC as a tourist destination, domestically and internationally. The annual budget and marketing plan are approved by the Tourist Development Council and Board of County Commissioners. Operating funds are provided by a four percent 'bed tax', the PBC CVB operated in 2001/02 with a budget of $8.4 million used to promote hotels and attractions in Palm Beach County. The CVB supervises a national public relations firm and operates sales offices in Chicago, Washington DC, United Kingdom, Germany and Argentina, employing a staff of 54 here in West Palm Beach. During the 2001/02 year, PBC attracted approximately fot~r million visitors, generating an economic impact of $2.6 billion. We have been asked by Mac McLaughlin, president of the CVB, to nominate a Chamber representative to serve on their board of directors. After giving thoughtful consideration to what entity would most benefit from serving on this board, I recommended Doug Hutchinson for this nomination to the Chamber' s Executive Committee for their approval. They, in turn, unanimously approved my recommendation. As a result, I am pleased to write this letter to you and your fellow CRA Board members to explain and inform you of this nomination. As momentum builds in our downtown area along with the proposed growth of retail, commercial and possible new attractions being built, the Chamber believes the time is right to begin building relationships with county leaders who are in the business of promoting the community for optimal tourism impact. Such a relationship will offer support, the benefit of 1181 639 East Ocean Avenue, Suite 108, Boynton Beach, FL 33435 phone 561.7,72.9501 Fax 561.7,74.4304 website www. boyntonbeach.org, email chamber~boyntonbeach.org Page 2 March 6, 2003 others experiences, a network of tourism experts, a closer tie to county officials and a foundation of fi/endship and trust with those who seek the same results and goals for our county's tourism industry. I have given Doug Hutchinson a packet of background information on the PBC Convention and Visitors Bureau and their mission. He and I personally visited with Mr. Mac McLaughlin the president of the CVB and a personal fi/end of mine. Mac is also a resident of Boynton Beach and personally interested in the community's growth and development. Realizing the CRA' s role is not focused on tourism projects but on redevelopment that will raise the quality of life within its boundaries, we also believe that forming strong relationships with community leaders is key to success in a project. In a community that has a relatively weak handle on tourism and no appreciable tools to attract a significant impact of tourist dollars, the Chamber supports the proposal of a marine museum on the waterfi'ont and all that such a facility will bring with it in terms of tourism dollars for the local community. We ask the CRA board to give positive consideration to accepting our nomination of your executive director for a seat on the PBC Convention and Visitors Bureau Board of Directors. Thank you for your time and attention. Sincerely, Diana H. Johnson President & CEO Cc~ Mayor Gerald Broening, City of Boynton Beach Kurt Bressner, City Manager, City of Boynton Beach Glenn Jergensen, Chairman of the Board, Chamber of Commerce Members of the CRA Board: Mr. Tillman Henderson Ms. Michelle Hoyland Ms. Jeanne Heavilin Mr. Jose Aguila Mr. Alexander DeMarco Mr. Don Fenton 1182 Palm Beach. County Convention and Visitors Bureau THE BEST OF EVER YTHING 15'35 Palm Beach Lakes Blvd., Suite 800, West Palm Beach, Florida 33401 Phone: (561) 233-3000 . Fax: (561) 471-3990 Number of pages (Including cover page): Fax Transmission TO: FAX: FROM: DATE: RE: Diana lohn.qon, President Boynton Beach Chamber of Commerce 561-734-4304 Carmen Hamilton, Executive Assistant 9/16/02 Info for Doug Hutchinson Diana: Sorry for the delay. I thought I had my assistant fax the information to you, but I filed it back by mistake. Here it is..Please let me know if there are any questi.om.. Thanks. 1183 1555 PALM B~IACH LAKES BOULEVARD, WEST PALM BF_~CH, FLORIDA 33401 (5(51) 233-3000 FACSllVI1LE (561) 471-3990 WEBSlTE x~rwvv, palmbeacl-ffl.com Palm Beach County Convention and Visitors Bureau's Vision: To be recognized as the preeminent marketing organization sharing with others 'the beauty, fantasy and fun that is Palm BeaCh County. MISSION: (short version) The mission of the Palm Beach County Convention and Visitors Bureau is to m~_rk;t and facilitate travel to Palm Beach County for the benefit of its economy, travel and tourism industry and residents. ' MISSION: (long versiOn) The mission of the Palm Beach County Convention and Visitors Bureau is to utilize and develop the unique resources and facilities within our destination in an effort to responsibly grow the county's tourism industry through the creation of new marksts and increase sb,re of existing markets, While simultaneously fostering among the local community an environment receptive to that tourism growth. Our goal is to become the region's strongest tourism destination, and the state's fastest growing tourism generator. Both our mission and our goal will ultimately be achieved through a county-wide aC ? e s. ,i .v .e team ~e~ort,,a~..d the.in-h, ouse imPlementation of the following initiatives: averusmg, puoac relauons, tourism rnarke~g, groups and meetings sales, airport marketing, and membership services. 1184 DISCOVER PALM BEACH COUNTY, INC. "' doing business as (dba) PALM BEACH COUNTY CONVENTION AND VISITORS BUREAU BA~K~ROTTNT~ ANT~ OI~A'NTZATTON 1. l~lnrld~ T.nn~l O?~nn Tn~H.~t Dav~lnpmant Aat Florida's Local Option Tourist Development Act (Fla.-Stat. 125.0104) authorizes counties, by referendum, to impose a tax in addition to the sales tax, of up to five percent on rentals of tourist accommodations. This is known as the 'bed tax'. For Palm Beach County, the current levy is 6% sales tax and 4% bed tax, for a total of 10%. The tourist tax revenues are to be spent by the county on promoting county tourism and for other related purposes listed in the Act. All expenditures are to be according to a Tourist Development Plan enacted by the County included in the County ordinance, which PIan can be amended only by a vote of a majority plus one of the County Commission (BCC), 2. P~im Renr'.h ~.nl]n'r~'~ TnuH~ Tax (")rdlnnnr~e In 1982, Palm Beach County, by ordinance approved by referendum (Ord. 82-15), enacted a two percent tourist tax, and-a Tourist Development Plan for spending the revenues of the tax. Seventy' percent ("Categor~ A") was reserved for promoting Palm Be, aah 'County tourism, and 30 percent ("Category B") was reserVed for funding arts and cultural activitieS that promote tourism. In 1988, the County added a third cent to the tourist tax (Ord. 88-43) and divided the third cent among, various uses authorized by the state statute. In 1994, the County added a fourth cent to the tourist tax, which may be used to pay the debt s.ervice on bonds issued to fro,nee the construction of a professional sports franchise facility or convention center. '[Fla. Stat. 125.0104(3)(1).] The County's ordinance has been amended on a number of other occasions, adding other uses of the tour4st tax and making provisions. for their uses. Palm Re~ah '~nun .fy Tnl~H~ Develn?ment C. nlmail As required by the Local Option Tourist Development Act, the Coun/y also established an appointed advisory council known as the Tourist Development Council (the "TDC"), composed of one member of the County Commission, two elected officials: three owners or operators of tourist accommodations facilities, and three other members involved in the tourism industry. All are appointed by the BCC. lY The ordinance was codified in the Palm Beach County Code at Chapter 17, Article III, Tourist Development Tax", Sec. 17-111 et seq. 1185 Under the Act, the TDC is to advise the County Commission on uses of the tourist tax funds;, oversee and report to the County Commission regarding expenditures of those funds,. and perform any .other duties established by the County. By resolUtion, the County Commission has established that the TDC also will administer the Tourist Development Plan contained in the County ordinance, through an Executive Director and outside contractors, and prepare a detailed Annual Marketing and Advertising Plan for approval by the County Commission. County Ordinance #2000-11 now provides that the revenue from ~ initial three cents of the County's tourist tax are to be applied to .the following uses: Category A: Tourism promotion Category B: Arts activities Category C: Beachrenourishment Category D: Film'& TV Marketing. Category E: Special Projects Category F: Cony. Center Operations Category G: Sports events 53.6 percent 23.0 percent .... 14;4 percent 4.0 percent $100,000 offthe top $250,000 off'the top' 5.0 percent+ $250,000 Discover Palm Beach County,' Inc., a Florida not-for-profit corporation doing business as. the Palm Beach County Convention & ~s#ors BUreau (the 'CVB'), has contraetedwith the County since enactment of the tourist tax, to conduct the activities now listed under Category A, viz., "to promote and advertise County tourism in the state and nationally and internationally, including the provision of a conVention and Visitors' bureau and tourist information center". The CVB performs its contractual duties Under the overall direction and guidance of the Tourist Development Council, through its Executive Director. Category B funds are administered under a contract with the Palm Beach CoUnty Cultural Council. Category C funds are administered by the County's Department of Environmental Resource Management. 'Category D funds are administered'under a contract with the Palm Beach County Film & Television Commission, Inc., a not-for,profit corporation organized for the purpose, of promoting film and television production in Palm Beach County. Category G funds are administered by the Palm Beach County Sports Commission, Inc., a not-for-profit corporation organized for the purpose 'of promoting spor~s activities in Palm Beach County. Category E funds are to be disbursed by the TDC for special projects submitted by the entities administering the various categories of the tourist tax. Category F funds are 1186 respa'yes that accrue for anticipated Convention Center operating deficits. An organization chart of Local Option Tourist Development Act activities in Palm Beach County is enclosed. 7. Di.~cnver Palm R~h C. num'y.: C)r..m~ni~finr~ Discover Palm Beach Counrf, Inc., is a not-for-profit corporation organized under the laws of the State of Florida, doing business in the registered trade name of the "Palm Beach County Convention and Visitors Bureau" (the "CVB'). The CVB is exempt from federal income taxation as a business league under section 501(c)(6) of the Internal Revenue Code. The s01e purpose for which the CVB is organized is "to promote, foster, and enhance increased tourism throughout Palm Beach County, and to bring to the County the economic and social benefits of such increased tourism." The CVB's operations are governed by: (1) the terms of its. contract with the County and the service proVider contracts the CVB administers on behalf of the County; (2) the CVB's Articles of-Incorporation, Bylaws, and Policies and Procedures; and (3) the Local Option Tourist Development ACt, the County Tourist Development Tax ordinance, and other applicable laws. The CVB's operations are funded by tourist tax dollars paid by the County under its contract with thi' CVB, income from operations including FAM tours and royalties, voluntary contributions of board members, and membership dues. Under the CVB~s contract with the. county, the CVB's services include the develoPment of the Annual Marketing and Advertising Plan, including an annuhl Media and Creative Plan and Group Sales Plan, to be adopted by the TDC on behalf of the County Corn, minion. The CVB implements these plans through activities provided in its contract with the County. These include advertising, public relations, tour package development, attendance at 'consumer and trade shows, conduct of familiadzafion, tours .and sales missions, representation of the County in foreign markets, production and distribution of promotional items, conduct of special projects, promotion of group sales, and other activities as'agreed upon with the County. The CVB's services also include assisting the County in the development, marketing, and operation of a convention center for the County. In providing these services, the CVB solicits and receiVes contributions of fimds and in-kind services from Palm Beach County tourist-related businesses. The CVB provides these services both in-house, through staff, and through outside service contractors. The CVB is operated through a Board of Directors, composed of representatives of chambers of commerce, the Hotel-Motel Association, the Economic Council of Palm Beach County, and the attractions, transportation, and other tourism-related industries. A member of the TDC sits as a non-voting, ex officio member of the CVB's Board of Directors. 1187 3 An Executive Committee is charged with responsibility for the day-m-day operation of the CVB 'consistent with Board policy. Standing committees are responsible for oversight and implementation of the CVB's various activities, which are carded out through staff and outside service contractors. The committees are as follows: Advertising Committee,'Publi¢ Kelations Committee, Tourism Marketing. Committee, Groups and Meetings Committee, and the Marketing Plan Committee, and Human Resources Committee. The Palm Beach County Convention & Visitors Bureau is divided into seven departments: Advertis/ng, Groups and Meetings, 'Tourism. Marketing, Public Relations, Airport Marketing, Convention Center Operations, and Administration. (An organization chart is enclosed). In conjunction with the contracted advertising agency, the CYB has annUally developed a creative advertising campaign that focuses on the size, scop~ and affordability of .the many activities available in the county. The successful "$$00 Worth of Palm'Beach Free" coupon book was developed in 1989 and modified in'1992 as the "$500 Worth of the Palm Beaches Free" coupon book campaign. In FY 2001, the promotion was increased to $1,000 Worth of the Palm Beaches Free".- As budget and feasibility have allowed the CVB has used print, radio 'and. television advertising for these campaigns, Conversion studies have been undertaken to evaluate the success of these campai~.~ and to forecast new trends and ideas. In addition, the CVB has created· "Value Season" campaigms during the summer and fall months a/reed at the South Florida, Orlando, Tampa and St. Petersburg Markets. Cooperative Advert/sLug opportunities with airlines and other meaningful partners are also a part of the advertising program of the CVB to allow for the 0ppormn/ty to double the Bureau's advertising funding. b, C'Tmnp.~ nnrl The Groups and Meetings'Department's main responsibility is to. generate group leads which will significantly contribute definite group room nights to the group and convention business market in the county. The Department's primary approach is to direct the majority of the staff's resources and skills to th6se geographical and vertical markets and market segment sources which are likely to produce the greatest number of definite group meetings for the county. With the Convention Center scheduled to open in FY 2003, the Groups and Meetings Department has been and will be putting significant efforts into marketing and booking the Convention Center. 1188-~ 4 ." -5.2< In addition, the Groups and Meetings Department established and organized the Meetings Advisory Council to provide the Bureau with innovative ideas on. a wide variety of subjects relating to new trends in strategic planning of associations and corporations in the 1990's. The council is comprised of presidents, chief executive officers and high level executives of national and Florida state associations. The CVB also has representation in Washington, D.C., and Chicago to assist in the development of these markets and to help gain ground in penetrating these large association and corporate convention and meetings markets. When appropriate the department also attends trades shows and conducts sales missions to targeted geographical markets. The Tourism Marketing Department promotes Palm Beach County as a vacation destination to the travel industry and consumer both domestically and internationally. (1) rntemn~nn~ ] Mnrke. t The CVB has representation in London (for the United Kingdom and France), Frankfurt (for Germany,-Austria, and Gm-speaking Switzerland), Buenos Aires (for Argentina), SaG Paulo and Rio de Janeiro (for Brazil), and Santiago (for Chile). The Canadian market is Served in-house, by Tourism Marketing Department staff. The CVB staff and representatives assist tour operators and travel agents in developing vacation programs to the County. This. is done through trade' show participation, familiarizations trips for travel agents and tour operators, county-wide sales missions to target markets, sales calls both by staff and by the foreign repres, entatives, and industry- directed advertising. (2) 'Dnme~'Je M~lcet The domestic marketing efforts include promoting the County to the domestic leisure air traveler who book through travel agents and tour operators that sell air-inclusive packages, and to the drive market, specifically the areas of motorcoaeh and triple A (AAA) clients. This is done by trade show participation and sales calls. Familiafization trips are also conducted for travel agents and tour operators designed to reach the broadest possible markets. The Department has also initiated a program for travel, agents called the Travel Agents Partners Program (TAPP) where leads are shared with travel agency partners who in return are eligible for various cooperative promotional benefits. 1189 5 Various promotional brochures are produced by the Tourism Marketing Department including special packages and programs with participating hotels. f. Pu'hlle Relatlnn.q The Public Relations Department facilitates a multi-faceted program including a national/international PR effort, a local/regional PR effort and operation of the COunty Tourist Information Center. Broad objectives include increasing positive exposure worldwide for the County in existing and emerging markets, while enhancing the local environment for understanding and appreciation of the tourism industry, its impact on the economy/future development of the County, and the CVB's tourism enhancement efforts. (1) Nntlnnnl/Tnt~rnntinnnl The overall objective of the national/international program is to generate print and broadcast coverage portraying the County as an appealing, exciting and affordable year-round destination. Efforts include proactive Publicity, promotions, and media relations,' including media missions, press trips/independent media visits and distribution of press releases/press The Public Relations Department directs its contracted national/international public relations'firm to maintain ongoing contact with and update targeted consumer and trade media, seeking appropriate print and broadcast opportunities, coordinating media luncheons, assisting with press trips and distributing press releases and press kits. The PR Department coordinates media familiarization trips and media missions; proaetively pitches story ideas to the natiOnal/international press; dra~ press releases; fulfills requests · for press kits, slides and videos; and coordinates publicity/promotional oppommities. The Department also Writes, edits and produces all CVB collateral and three CVB newsletters' distributed to meeting planners, travel agents; and industry partners. (2) The local/regional program maintains a dual objective: to generate print and broadcast coverage in consumer media outlets, portraying Palm Beach County as a viable, affordable drive market de.~tination; and to create/coordinate special programs to erthanee the local environment for understanding and appreciation of the tourism industry, its impact on the economy and the CVB's tourism enhancement efforts. 1190 The PR Department facilitates local/regional media efforts, including pitching story ideas, distributing press releases'and fulfilling requests for press k/ts, slides ~nd videos; and develops publicly/promotional opportunities. Local "tourism enhancement/awareness" efforts, facilitated by the PR department, include main 'tatning the Palm Beach County Ambassador prosrarn; directing the CVB PR subcommittee; coordinating the National Tourism Week activities; and arranging community speaking en~asements for CVB management stsff. The PR depar~ent also orches~tes the annual Providencia award nomination, selection and celebration. The County'S only to .urism industry award, the Provid~c/a honors a local individual or or~an.ization for outstanding contributions to Palm Beach County tourism. TnuH~ Tn'F'nn'n~finn Center The focus of the Tourist Information Center's proactive effort is to simultaneously support the traveling public and Palm Beach County's tourism industry. Under direction of the PR Department, the Center provides drive market travelers personal information assistance while promoting/generating business for Palm Beach County tourism partners and tracking drive market travel trends for future use. The Tourist Tnformation Center distributes county[wide tourism information, coordinates a lease saleg program, facilitates the fulfillment of business- tracking/enhancement surveys and reports, and coordinates a repeat traveler direct-marl campaign, g. A~L/~rt M. rke~ng Under a cooperative funding agreement with the Palm Beach County Department of Airports, the CVB conducts a marketing program on behalf of Palm Beach International Airport. The program is. conducted by the CVB's Director of Airport Marketing, and includes the development of increased scheduled and charter air service into PBIA. h. Mernher.~hin Prncrmrn In addition to these departments, the CVB oPerates a Membership Program. Under this program, members pay annual dues, in return for member benefits. There are three classes of membership: Corporate, Business, and Associate. All members have the benefit of descriptive listings in the CVB's various publications. 'Free hyper-linking from the CVB's award winning web site (www.palmhe2e. hfl.cnm) is available for all Corporate and Business level members. Corporate level members have access to business leads. 1191 7 The membership program was originated in October I, 1998 initially to generate a backup source of fmanc'mg for operations of the Palm Beach County Convention Center, eventually to fund marketing programs of the CVB. The program is operated by a Membership Director, who repons to the' President. [Updated April 24, 2001] 1192 Memorandum To: CRA Board of Directors From: Douglas Hutchinson Date: March 4, 2003 Subject: PBC Convention & Visitors Bureau Board Seat A Board seat has become available on the Palm Beach County Convention and Visitors Bureau. The current president of the Boynton Beach Chamber of Commerce, Diana Johnson has expressed her interest in seeing the CRA represented on the board, by assuming this seat. Becoming a member of the Board is a "win win opportunity" for the following reasons: · A representative on the Board would assist us in our endeavor to transform the City of Boynton Beach.into a Tourist Destination. The opportunity to impact policies prior to implementation would ensure that the voice of City of Boynton Beach and The CRA are both heard. Finally, as we invite Developers to bring their projects to the City of Boynton Beach, the ability to put them at ease in regards to the social and cultural climate will be significantly enhanced with the knowledge that we are at we the nucleus of this organization. Staff is seeking direction on entering an application for the Director to assume the vacant seat and pay the $500.00 membership fee. 1180 Vlll. 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 appeal is to be based. 1179 The CRA shall furnish 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 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. Memo To: From: Date: Subject: CRA Board Douglas Hutchinson March 4, 2003 Grace Fellowship Church Fa(;ade Grant update The Applicant has submitted the following update to the feasibility of the dumpster replacement. Upon review please notify staff if you would like to revisit this matter in a formal meeting forum. Grace Fellowship Dr. A.S. Brewster, Pastor (561) 369-3266 - Home February4,2003 To the Redevelopmem Commission: After consultation with the architect we would like you to re-consider your request that we try to put in a larger space for the dumpster. The reasons we ask for reconsideration are as follows: 1. There are not too many places that the dumpster can be placed in order for the truck to enter, pick up and leave. 2. At the presem time the dumpster is fight at the back door of the Try Thai restaurant and they have asked if we could relocate the dumpster because of the odor and the flies. We have tried to do this. 3. I we enlarge the dumpster it would make it very difficult for the truck to maneuver and it could easily reverse into the building. We ask for your consideration in this matter. Sincerely, Alan S. Brewster Sr. Pastor of Grace Fellowship 715 S. Federal Highway. 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P( rez Design INC. ARCHITECTURE eo-1/2 NE. 2nd A~ [:)MI'ay Bile=h, F! ee444 voicE: (561)279-2006 FAX: (581)279-2801 AA000288~ ee®ee®ele®eeee -0 -~- 0 c- Og ¥ ~lql 01 PaLr~ellE, ~uojle'~Uj:~ ~L~gi~E,~ pug ~OJl!puc ~O"l,t'to ~vo O0 tD-DJ§ uold el!S--DJ§ :JeJx gtco- LO :'ON l::~JOJd :.'iq u~JJCi oos!ouoJ3 :Jel~uuUl~l loeJoJd NV-id 3dYOSONY-I -I. N V .L "1 n s N O O tOOl -I. HoIMAdO0 C]3.,LY~IOd~o::)Ni NOiS~iO Z3~3d / \ <:r~LV~ ~lG O.L I + I \ / NI¥1,,I_-i~ O.L NOI ~tAIJ. VN ~ Og -IVI~=].LV~ ~ oP ..LNnC Ol =Ol CI-~31Ac ~ ~=b ~1/~:: Memo To: From: Date: Subject: CRA Board Douglas Hutchinson March 3, 2003 Fa(;ade Grant Applicant Boynton Boundless, L.L.C. The Boynton Boundless, L.L.C. has submitted a Facade Grant application for consideration. The grant request proposes renovations to the property located at 209-211 North Seacrest Boulevard, including but not limited the repaving of the parking lot, landscaping, lighting and a facade upgrade to the new 'Floridian" style. The applicant has exceeded the stipulated dollar amount required for match under the matching criteria of the grant; as the project total cost is estimated to be $129,000. The applicant is asking for $15,000.00. This property is surrounded by residential properties that were converted to Office spaces over 40 years ago which is evident in the landscaping and parking that reflect the building codes of that period. The applicant's plans for revitalization are in line with the CRA's and the 20/20 Vision Plan. Upon Staff review for content and compliance, the request has been forwarded to the Board for consideration. 1194 IX. 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 appeal is to be based. 1193 The CRA shall furnish 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. BOYNTON BOUNDLESS, LLC. 102 North Swinton Avenue Delray Beach, Rorida 33444 Telephone: (561) 265-2666 Telecopier: (561) 272-6831 E-mail: delraylaw@bellsouth.net February 19, 2003 Via Hand-Delivery Ms. Octavia Sherrod Community Improvement Manager Boynton Beach CRA P.O. Box 310 Boynton Beach, Florida 33425 Re: Facade Improvements Grant Our File No.: BOYB009 Dear Octavia: I, ~d~~~.of the City of Boynton Beach, Florida received the original of this letter, along with its enclosures via hand-delivery from Boynton Boundless, L.L.C. on Febru~.~ 9, ~20:. Boynton Boundless, L.L.C. is applying for a grant in the amount of Fifteen Thousand Dollars ($15,000.00) for fa~:ade improvements to the building located at 209-211 North Seacrest Boulevard. Enclosed is an original application and eight copies for the 2002/2003 Fa[:ade Improvements Grant Program with the required enclosures and the 2002/2003 Fagade Improvements Grant Program Program Agreement. The enclosures include: A project work wdte-up describing the scope of the project; Plans and sketches of the project; A copy of a letter from SouthTrust Bank providing evidence of the financial ability to pay for the project; and Four (4) 3" X 5" color "before" photos of the project from public views. Additional materials will be forthcoming. The estimated time line fOr this project is to begin renovations around March 15, 2003 and to be open for business on or about July 1, 2003. Very truly yours, BOYNTOI~UI~IDLESS, L.L.C. Its: Managing Membe,),/ enclosures cc: Mr. Dov Dunaevsky (w/o enclosures) O:~BOYB009~etter Sherrod. Febl 9.2003.w1:<1 1195 FAC:ADE IMPROVEMENTS GRANT PROGRAM 2002/2003 APPLICAT!ON 'FORM Boynton Beach Community Redevelopment Agency Maximum Grant Amount is $15,000.00 (Please Print Or Type Only - Use Additiona! Shee'~ If Necessary) ~'-- ? ~, !0 %NT INFROMATION Name of prOperty Owner: iBoynton 'BoundleSs, L.L.C. Address of Property 102 North Swinton Avenue .City/State: Delray Beach, Florida Zip Code: 33444 - ?'::'~¢ ~¢ Day: 561 265-2666 EvenJflg: 561-637-8141 '-a.~a~ owners and legal description of the property to be improved (p/ease attach copy cf warranty deed and lease, if applicable): See attac, hed ..deed. ;~-- C'~erent from 3-'2~,~,? Owner ~ame of Business: Address of Business: City/State: ,~ho,ne # Day: Evening: v~e of Business; .. *-~ of Operation: "..h_-m¢-~? of Employees: Annual Payrofl: ;'4umber of EmploYees residing in Boynton Beach: .Boynton Beech Community Redevelopment Agency Fagade Grant Program Appfl~atlon ! ! 96 Page 1 of 6 Zip Code: GUIDELINES v;~,e folIowing guidelines are intended to Inform a potential grant applicant of the extent _¢...rd scope of the program. The purpose of the program is to encourage commercial proper~y owners to upgrade their properties by improving the external appearance of their business and to encourage businesses to invest in their operations. The result will '~91t deterioration, stabilize property values, improve and upgrade appearance of the ~?~a, and facilitate and encourage redevelopment activity i~ the target area. ':~.,.= following guidelines are applicable to this program; The program is available only for property located ¢vithin the Community ~evitalization Areas of the Boynton Beach Comn'unity Redevelopment A~cency.(CRA); Note: See.attached Fagade Grant Area Map. The program is for commercial properties and businesses. The property owner must be the applicant. However, if the property is currently leased to a tenant, then the Application and Agreement mL st be jointly executed b,.,' both the owner and the tenant. :~. Eiigib~e exterior improvements for this program include: painting. Shutters. Signage (located on the building or the property), Awnings/canopies. Doors/windows. Landscaping around the building. Irrigation. Parking lot re*paving, re-sealing, re-striping, Exterior Lighting. Patio or decks connected to the building. Exterior wall repairs (e,g, stucco, brick or wood repairs and replacement). ADA improvements. ;-' Ail work must be in compliance with applicable Boynton Beach Building Codes and all .contractors must .be licensed in EIoynton Beach/Palm Beach CoUnty. If the Applicant(s), installs enhanced landscaping and or slgnage It must be in accordance with City Ordinance No. 98-43. 5. ?v~aximum Grant amounts: The CRA will provide,' on a.,,reimbumement basis, a dollar for dollar matching grant for eligible f~c__~ade improvements up to a total of fifteen thousand dollars ($15,000.00) cf CRA funds. The FaCade Grant program will honor expenditUres completed up to 90 days prior to application, improvements underway and proposed Boynton Beach Community Redevelopnlent Ag~ ncy ' Facade Grant Program ~! ¢)7. Page 2'of 6 improvemsnt$. The FaCade' Grant program may only be used one time in any three year Peribd fsi, any one property. Properties may re-apply'for additional grants any tim3i after three (3) years from previous gr~nt approval. Project phasing of up to two. years Can be requested, Property owners may receive grants for multiple property locations. Applicants shall be limited to one grant per CRA budget year (October l't to September 30~h). 1198 Boynton Beach Community Redevelopment Age ncy Fagade Grant Program Page 3 of $ ,~P LJCATION PROCESS /7 A~, appli~nt seeking a project grant may. secure an application from the Boynton .... Beach :COmmunity Redevelopment Agency (CRA} lc,cared at 639 E. Ocean Ave,, Suite 107, Boynton Beach, 561-737-3256 An original application and eight (8) copies of all m;aterials are to be returned to the Boynton Beach Community Redevelopment AgE;ncy for review and approval by ~he CRA Board. Applications will be cons{tiered on a first-come, first served basis. Applicants must take the necessary steps to insure that their submitted application is properly time stamped to document re(~ipt by the CRA. .~.~o~ a~'proval, appropriate grant program docum~:nts will be prepared in the ~.~.~ ~-,~ A~orney's office and the applicant will be notifi(d of approval by return mail, The CF~ will administer the commercial exterior fa~:ade program. In addition to +,~e appropriate City inspections, the CRA will ins;~ect the work to determine satisfactory completion of the work. Applicants may not have any outstanding City Of E oynton Beach liens against ~heir property. In the event that an APplicant has an outstanding City of Boynton Beach lien against the property, the grant will not be awarded until the complete s~tisfaction of the lien. Applicant shall obtain, read and understand all as3eqts of the Facade Grant Program Agreement, including Program and Reimbumement'Regulations. .Application to this Program is no guarantee of funding, Funding is at the sole discretion of the CRA Board. 1199 Boynton Beach Community Redevelopment Age Far. de Grant Program Page 4 of 6 PROJECT INFORMATION g~scr!be impro'vements to be done to the property. A~ach'the following items: .... · :--i PrOject work wrfte-up(s) describing in detail th,.~ scope of the project, · Plans or sketches if applicable, · Site plan and plant list for landscape projects, · Third-party cost estimates from three (3) licen.,~ed contractors, · Estimated time line, · Evidence of.financial ability to pay for the p'oject (approved loan, cash account, line of credit, etc.), · A- minimum of four (4) 3" x 5" color "before" photos of the project which must include p oJlc vIews, ,, Signage design with colors & materials proposed if applicable, Project color chips / material samples tf applicable, · And material specifications. Applicable documents must be attached for the Application 1o be processed. Witness signing this Application, I acknowledge that I have received and read a copy of the .-. ~ .... ,Agreement, and I understand and agree to comply with its content. ('Date')' [~r5,, ?remarry. Owr er / ~tiX,~ t ~,.~ ~..(,~__..a t e) (Property owner's signature must be n~tarized) (Date) TenanfJBusir ess Owner (Date) CRA Director ('i~ate)"- ~200 BoyntOn Beach Community Redevelopment Ager cy Fagade Grant Program Page 5 of 6 STATE OF FLORIDA, COUNTY OF PALM BEACH ~F©RE ME, an, officer duly authorized by law to administer oalhs and take acknowledgements, produced ;.~. as identification, and acknowledged he/she ax~cu~ed the foregoing Agreement for the use and purpose:s mentioned in it and that the instrument is his/her act and deed, WITNESS OF THE FOREGOING, I have set my hand and official seal in the State end NOTARY PUBLI My Commission 1201 Boynton Beach community Redevelopment Ag~n~ Fagade Grant Program Page $ of $ 2002/2003 IMPROVEMENTS GRANT PROGRAM PROGRAM AGREEMENT Boynton Beach Community Redevelopment Agency PROGRAM REGULATIONS Applicant 'agrees not to alter, renovate, or demoiish the new fac,,ade for years, commencing at the time final inspection b}'.the CRA is completed. ~'c~ated by the applicant, the CRA may. choose to require grant fund ~,.."~t; enforced by property lien, ,;RA will consider approval of grants for exteror improvements to a which does not face a recognized street. The eAerior rear of a building e~ a[Jgy way will also be considered. minimum of three (3) inspections by the CRA are required. Those minimum CP,4. inspections are (1) before starting work, (2) dudng work and (3) final ~?~ct~on. More inspections may be required by th,; CRA, It is the sole .2~""'o~s~b~hty of the Applicant to schedule inspections ,vith the CRA and City. :~..~s~. ir~spections in no way are substitutes for required City inspections and -"":;: 3roper~y owner, or tenant if applicable, must complete the fa~:ade .... ?~,3vement Project within six (6) months of the grant award unless the project ? ~cF'?oved as a phased project in which case the proj,~ct must be completed ',?,,:'~h!~ six (6) months of the commencement of the ~,inal phase, Failure to ~omp~ete the faCade improvements Jn a timely manner ~/ll result in the property owner, or tenant if applicable, losing the.grant reimbursement opportunity, The BOa~J may consider time extensions. ' - · ~,,~ENTREGULATIONS .... ~.~,, is designed as a reimburse .m,..e, nt grant. That is, all work must be '~'~ ~'~, ~d pard for by the Applicant, prior to the ,CPA's funds being re/eased. ~:~.-': ,C-~A will provide reimbursement to the grantee upon subm~tal of a :?';'?!s~e Reimbursement Request and approval of completion by the CRA Board. ~ Request shall be summarized in a repot: and accompanied by ~ocumentat~on. Proper documentation will cons/st of (1) Project 1202 Boynton Beach Community Redevelopment Agency Fae~ade Grant Program Agreement Paoe ~ of 2 accounting' including inyoices, receipts or other ~cceptable evidence of ;~?'mer~t from suppliers and licensed contractor(s) that have been marked ':-c~.!',~'; with' a "release of lien" signed by each. Proposals for ."work to be - ,,' " "bids" . ::...m~..~e~ed or are not considered proper documentation. Each item will :~'e supported by a canceled check showing the face of-:he check, as well as the :~: ~;~ cf the canceled check, (2) the Applicant shall wa Tant that all bills related :;~ ~:b~ ProjeCt are paid in full including, but not lirrited to, all contractors, v ~....~[racts, labor, materials, related fees and permits, and (3) the Application .:;~ :'e.imbursement shall provide a minimum of four 3"):5" color "during" photos ~d a minimum of four 3"x5" color "afteF' photos of the Project. Photos should ~;e from approximately the. same position as the "befcre" photos submitted in the Application and the "during" photos, Reimbursement Request from the Applicant shall be submitted no later the 1'5u~ of the month for consideration by the CRA Board at its next t,~ s meeting. Reimbursement shall be issued ten (' 0) days after approval. will be reimbursed exclusively for eligil:le work and apprOVed '~.??~orders that have been approved by the CRA, Beach the rights and (Date) (Date) Tenant/Busines:~ Owner (Date) CRA Director (Date) 1203 Boynton Beach ComrnunJty Redevelopment Agency Far. de Grant Program Agreement Page 2 of 2 %Pre_nared by and return tO: George W. Mathews, HI Mathews & Jakabcin Suite 104 1325 S. Congress Avenue Boynton Beach, FL 33426 03/11/~00E 08=47=40. ~0~01E7675 DR BE 1349~p8 0786 Palm Beach CounCy, Florida RHT 415,000.00 Doc S~amp 2,905.00 File Number: 01-1107 Will Call No.: Grantee S.S. No. Parcel Identification No. 08-43-45-28-10-004-0240 [Space Above This Line For Recording Data]., Warranty Deed (STATUTORY' FORM - SECTION 689.02, F.S.) This Indenture made this 28th day of February, 2002 between Douglas S. Egem, a married man, whose post office address is 7420 Anadale Circle, Lake Worth, FL 33467 of the County of Palm Beach, State of Florida, grantor*, and Boynton Boundless, L. L. C., a Florida Limited Liability Company whose post office address is 102 North Swinton Avenue, Delray Beach, FL 33444 of the County of Palm Beach, State of Florida, grantee*, Witnesseth that said grantor, for and in consideration of the sum of TEN AND NO/100 DOLLARS ($10.00) and other good and valuable considerations to said grantor in hand paid by said grantee, the receipt whereof is hereby acknowledged, has granted, bargained, and sold to the said grantee, and grantee's heirs and assigns forever, the fo/lowing described land, situate, lying and being in Palm Beach County, Florida, to-wit: Lots 23, 24, 25, 26 and 27, and the South 7 feet of Lot 22, Block 4, BOYNTON HEIGHTS, according to the Plat thereof, as recorded in Plat Book 10, Page 64; of the Public Records of Palm Beach County, Florida; LESS the additional right-of-way for Seacrest Boulevard as shown in Road Plat Book 5, Pag6'i82, of the Public Records of Palm Beach County, Florida. Douglas S. Egem, the grantor, does hereby certify that he currently resides at 7420 Anadaie Circle, Lake Worth, Florida 33467, that neither he nor any member of his family has ever resided upon the above described property and that the above described property does not now and has never in the past constituted his homestead. and said grantor does hereby fully warrant the title to said land, and will defend the same against lawful claims of ail persons whomsoever. * "Grantor" and "Crrantee', are used for singular or plural, as context requires. 1204 DoubleTImee BOOK 1349~ PflGE 0787 Dorothy H. gilken~ Clerk In Wimess Whereof, grantor has hereunto set grantor's hand and seal the day and year first above written. Signed, sealed and delivered in our presence: V~ess Name: (Seal) State of Florida County of Palm Beach The foregoing inslaxnnent was acknowledged before me this 28th day of personally known or [X] has produced a driver's license as identification. [Notary Seal] . Egem, who [_] is ommission Expires: 1205 ~Varranty Deed (Statutory Form) - Page 2 DoubleTIme~ PROJECT WORK WRITE-UP This particular project is for the location of 209-211 North Seacrest Boulevard. It includes the renovation of the exterior of the Building, including new landscaping, new public areas and a new architectural treatment. The elevations are enclosed and are self-explanatory. There will be changes to the fagade that will include compliance with the Americans With Disabilities Act, new signage, new treatment of the exterior fagade with color changes and new window ornamentation. Paving will be redone with new line striping and landscaping to comply with present code requirements. The thrust of the project is to demonstrate what can be done with respect to older buildings and re-adaptive use to create first-class office space in the heart of Boynton Beach, Florida. O:\BOYBOOg\Project Work Wdte-Up.wpd 1206 PROJECT FEASIBILITY The projected economic impact of this particular project goes beyond the Building itself. This project is a demonstration of what can be done with a reasonable budget and an undistinguished building in an area that is suffering from economic neglect. The purpose of this particular project is to bring first-class office space and professional services so as to act as a catalyst and as an example for others to renovate similar buildings in the area. The area is doffed with single family homes converted to office uses along Boynton Beach Boulevard but such conversions having taken place almost forty (40) years ago. The remaining buildings have no architectural flair and for the most part, have landscaping and parking that was developed in connection with building codes more than forty (40) years old. The Building is now more than half leased and will meet cash flow projections. It will demonstrate to others that by renovating the buildings and finding a re-adaptive use, their investment in their properties will be financially rewarding. In the early 1990's, we were successful with a similar strategy in Delray Beach, Florida where our programs of renovation and re-adaptive use pointed the way for others. O:~BOYB009\Project Feasibility.wpd 1207 MICHAEL S. WEINER CAROLE J. ARONSON JASON S. MANKOFF February 19, 2003 WEINER & ARONSON, P.A. ATI'ORNEYS AT LAW The Clark House 102 North Swinton Avenue Delray Beach, Florida 33444 Telephone: (561) 265-2666 Telecopier: (561) 272-6831 E-maih delraylaw@bellsouth.net OF COUNSEL: ROBERT MARC SCHWARTZ, P.A. Flodda Bar Board Certified Real Estate Lawyer Michael W. Rumpf, Chairman Director of Planning & Zoning City of Boynton Beach 100 East Boynton Beach Blvd. Boynton Beach, Florida 33425 Re: Zoning Request Letter Our File No.: BOYB009 Dear Mike: On behalf of our client, Boynton Boundless, L.L.C., please provide a letter indicating that the zoning for property located at 209-211 North Seacrest Boulevard is zoned accordingly for use as a title company and law office and that the current infrastructure is in place to support such uses. Please contact me if you should need any additional information. Very truly yours, ~koff JSM:ab cc: Michael S. Weiner, Esq. O:~BOYB009\Letter Rumpf. Feb19.2003.wpd 1208 02118/03 TUE 10:47 FAX 8614961336 SOUTHTRUST B.~NK LINTON ,.'~ ~ Soufl rus Bank 5030 Unton Boulevard Oelray Beach, FL 33484 February 18, 2003 To The City of Boynton £each: Please be advised the firm of V~einer and Aronson ha.~' a relationship with $outhTrust Bank and has a line of credit in the amount of $i O0, 000. Vice Pres, idenl 1209 1210 MICHAEL S. VVEINER CAROLE J. ARONSON JASON S. MANKOFF WEINER & ARONSON, P.A. ATFORN EYS AT LAW The Clark House 102 North Swinton Avenue Delray Beach, Florida 33444 Telephone: (561) 265-2666 Telecopier: (561) 272-6831 E-maih delraylaw@bellsouth.net OF COUNSEL: ROBERT MARC SCHWARTZ, P.A. Flodda Bar Board Certified Real Estate Lawyer March 4, 2003 Via Hand-Delivery Mrs. Octavia Sherrod Community Improvement Manager Community Improvement Division City of Boynton Beach P.O. Box 310 Boynton Beach, Florida 33425-0310 Re: Development Regents Grant Program Our File No.: BOYB009 Dear Octavia: Enclosed is a revised Page No. 6 of the application which includes the proposed project budget along with three (3) qualified estimates. Thank you very much for your assistance in this matter. Please contact me if you should need any additional information. Very truly yours, JSM:ab Enclosure cc: Michael S. Weiner, Esq. (w/o enclosure) Carole Aronson, Esq. (w/o enclosure) O:'~BOYB009~etter Sherrod. Mar04.2003.wpd 1211 VII. PROPOSED PROJECT BUDGET Itemize anticipated expenses for this project. Complete the items that apply to yourproject. Attach details of each item and supportive information. Include labor and material costs in this estimate. Funding Use Cost Funding Source #1 County #2 City/CRA/ #3 Grantee Non-Profit Land Acquisition 0 0 0 0 Infrastructure (Water/Sewer) 0 0 0 0 Construct of New Build 0 0 25,000.00 Expand of Existing Building 0 0 Faoade Changes / Renovation 0 10,000.00 15,000.00 Engineering 0 0 2,000.00 Architectural Design 0 0 7,000.00 Property Surveying 0 0 0 Soil Test 0 0 0 Impact Fees 0 0 0 Landscaping / Lighting 0 0 10,000.00 Public Improvements 0 0 0 Other (Specify) - Complete 10,000.00 50,000.00 offices 0 TOTAL 0 20,000.00 15,000.00 94,000.00 PROJECT ANTICIPATED FUNDING FOR EDO use ONLY Minimum cash match requirement status: Met or Not Met County Grant Local Grantee Request Entity Amount Match 50% Status (refer to last three columns in above table) #1 County funds $.. 20,000.00 #2 City/CRA/CDC funds 15,000.00 #3 Grantee's liquid cash 39,000.00 bank loan 55,000.00 other grant 0 other source 0 (last column in table) TOTAL $129,000.00 ..ATTACH OUALIFIED ESTIMATES TO APPLICATION 1212 Rev. 4-02-2002 Page 6 of 7 3-3-03 Boynton Boundless 211 Seacrest Bird Boynton Beach, FL 33435 Michael We iner, The follo~ng is the I~mposel for the reconstruction of the abo~ referenced as request- ed. pem-~ts demo and new construction 5000.00 demolition includes trash ~emoval 6000.00 site including irrigation, landscaping, rial: v,~rk end lighting 10000.00 shell all new foundations, walls, details, roofing 30000.00 mechanical includes permit 15000.00 electrical plt~'nbing interior includes permit, fixtures allowance includes permit, fixtures allowance includes all finishes per architectural CDs 7500.00 6000,00 25000.00 general administration, site office, pfaff 5500.00 TOTAL: 110,000.00 As discussed earlier, please allow3O-B0 days for activation of my license locally, end state ~d e. Respectfully, E. Henry Kmt 1213 P~uni J~cla C~enera] Conm~ctor 1792:5 N.E. 9th pl. N, Miami Beach 30S.6S5-2376 State Liscence- CGC 062288 Date: 2 - 27 - 03 ATT: Michael S, Weincr From: Rami Seda Name of Job: 209 & 211 ~_mi~t A North Seacrest Boulevard Boymn Beach, Florida 33435 Plan by: Baretta & Associates 1214 _S. cope o:~_,Work- Remodeling In=~alntlon Trim w~k I. bor ~, ,~b~ --._ ~ plli~ & m~t~rl~l 1215 MAR-O4-2008{IUE] 11'85 BARRETTA & A$$OOIATE$ [FAX)5~] ?40 0045 P.~b/~ 1216 MAR-84-2883(TUE) 11'34 B^RRETTA & ASSOOtATE8 (FAX)56~ 748 8~43 P. 883/8~8 ~:- 1217 M~H-O4-2~O3(ILIE) 11'$b BARRETT~ & ~$SOCIATE$ (FAX)S61 ?40 004~ F.~4/~ 1218 ~AH-~4.-~LIUE) 11'36 BARRETTA & A880OlATE$ (FAX)561 740 0048 1219 MEMO To: CRA Board From: Douglas Hutchinson Date: 3/3/03 Subject: Boynton Beach Blvd Extension, Promenade and RiverWalk. RFQ Project Number BBB2003-1 Design-Build Procurement Selection Committee Recommendation. The CRA received four (4) responses to the RFQ for Project No. BBB2003-1 Design-Build Procurement for the Boynton Beach Blvd. Extension, Promenade and RiverWalk. The respondents were: 1. Burkhardt Construction, Inc. and Kimley-Horn and Associates, Inc.; 2. Whiting-Turner; 3 Brang Company, Inc., Keith and Schnars, P.A., Quincy Johnson Architects CSR Heavy Construction and Qualmann Marine; and 4. RMPK Group, Inc. and WG Mills. The respondents gave the Selection Committee a good variety of excellent company teams to consider. Upon review individually, the Selection Committee members (Larry Finkelstein - CRA Chairman, Douglas Hutchinson CRA Director, and Jeff Livergood - City of Boynton Beach Public Works Director/Engineer) met to review the scoring for consensus. The Committee overwhelmingly found a clear first choice. This was based on the selection criteria of Specific Qualifications, References, Project Team Qualifications and Contractor Change Order History. 1.220 The Selection Committee considered how the Project Team addressed specific issues such as: a. The Project Team's experience of working together b. Project specific history in Design and Construction c. Experience of Project Team Members d. How familiar the Project Team was with the site and its relationship with adjoining private sector projects. It was the consensus of the Selection Committee that the first place Project Team had clear and distinct qualities that set it above any of the other Teams. The Selection Committee's choice to enter into contract negotiations for a Design /Build project with the CRA is the Team headed by Burkhardt/Kimley-Horn and Associates. The Selection Committee had considerable discussion over selecting a second and third place ranking between the Brang and Whiting-Turner Teams. It was felt that the Brang Team was not as strong in the construction of street & streetscape projects although their design team members were excellent. It was felt that the Whiting-Turner team had stellar construction credentials, but concern was expressed that the design team members had less experience in general and specifically, CRA infill design elements. Comments were made that they have done large scale new projects and utility infrastructure activities, but lack infill streets and streetscape projects of the scope of the other teams. The fourth place Project Team was RMPK's Team. It was felt that the construction aspects of the Team were not as strong as other Teams and the submittal did not have the qualitY that the Selection Committee expected. In summary, the Selection Committee unanimously, both independently and as a Committee, picked the Project Team led by Burkhardt/Kimley-Horn. Due to the first place Project Team's overall balance, neither the second nor third place 1221 teams would "out place" the number one selection if they were to supply further backup. If the CRA Board asks for an interview with a first and second selection team, the Selection Committee would need additional time to request and receive information in order to come to a consensus on who would ultimately be selected as second place. 1222 Memo To: From: Date: Subject: CRA Board Douglas Hutchinson March 3, 2003 Southern Homes Signage Request Southern Homes, the developer of the Murano Bay Project, has submitted a request for permission to have banners on the site of the Temporary Sales Office located at 1420 North Federal Highway, Boynton Beach. Article II Section 3 and Article III Section 3 of the City of Boynton Beach Code Compliance sets the frame work under which these provisions for Banners apply and permission by the CRA could be granted. The enabling Statues are attached along with the Builder's request, sketches and photos of the signage. 1223 FEB-27-2003 THU 05:25 PM MURRNO FaX NO, 5817423224 O2/O2 $6X-?42.02Jl ~ $&t-Tq2-$224 February 18, 2003 VIA KEGULAK US MAIL, FACSIMILE, & HAND DELIVERY Mr. Dougla~ Hutchimon Director City of Boyaton Beach Community Redevelopment Association 639 Bast Ocean Avenue, Suke 107 Boynton Beaoh, FL 33435 RE: Flags and/or Bmmers at Mar/mo Bay Dear Doug: Pursuant to my conversation with youreelfand Quintus Green, we (Southern Homes of Palm Beach III) would like to display bammrs oa our property along Federal Highway to promote and market our housing product. Per Qu/nv~ Grccn, there is a vehicle in which we could do this within the city limits without violating any existing codes. However, to achieve this we rcust go before the CRA. We would like to formally request that this issue come before the Community Redevelopment Association (CRA) by being placed on the up ooming CRA meeting agenda scheduled for March 11, 2003 at 6:30 PM. Plea~e refer to the attached sketch detailing the Iocat/on and number of banners/flags requested. apprcc: Vou in advance ! F, Carlow of Project Operation~ Southern Homcs of Palm Beach III for your immediate assistance and attention on this request is voit much TFC:ho 1224 1225 PART III LAND DEVELOPMENT REGULATIONS* CHAPTER 21 SIGNS Page 1 of 3 ARTICLE II. VARIANCES/EXEMPTIONS AND PROHIBITIONS ARTICLE II. VARIANCES/EXEMPTIONS AND PROHIBITIONS Sec. 1. Variances. After denial of a sign permit by the development department, a request for variance may be filed with the City Commission pursuant to Chapter 1, Article VII, Sec. 1.D.2., of these regulations. The City Commission may grant a variance if it finds that the unusual shape or topography of the property in question prevents signage allowable under the provisions of this ordinance from adequately identifying the business or other activity located on such property. The City Commission may only grant a variance to: A. Allow a setback less than that required under the chapter; B. Allow the area and/or height ora sign to be increased by up to twenty-five (25) percent of the maximum allowable height or area; or C. Allow the number of signs to be increased over the maximum allowed by this code. No variances may be granted to signs expressly prohibited by this chapter. (Ord. No. 96-61, § 1, 1-21-97; Ord. No. 00-78, § 2, 1-2-01; Ord. No. 01-50, § 3, 12-4-01; Ord. No. 02- 033, § 4, 8-20-02) Sec. 2. Exemptions. The permit requirements of this chapter shall not apply to the following signs, provided however, that said signs shall be subject to other provisions of this code: A. Real estate signs not exceeding five (5) square feet in area which advertise the sale, rental or lease of the premises upon which such signs are located. These signs must be set back ten (10) feet from the property line, meet the structural requirements and must not exceed four (4) feet in height. Only one (1) such sign is allowed per street frontage. B. A single residential yard sign, not exceeding three (3) square feet in area. C. Window/door signs using less than twenty (20) percent of the total glass area facing in any one direction. This area is not included in the total sign area allowed under this chapter. These signs are not permitted in residential zoning districts. 1226 D. Political signs. These signs must comply with Article III, Section 6.D of this Chapter. Page 2 of 3 E. Traffic or other governmental signs, legal notices, railroad crossing signs, danger signs and such temporary, emergency or non-advertising signs as may be approved by the city. F. Signs indicating the address and/or name of the residential occupants of the premises, not exceeding two (2) square feet in area. G. Bus shelter signs. (Ord. No. 00-78, § 2, 1-2-01; Ord. No. 01-50, § 3, 12-4-01) Sec. 3. Prohibitions. The following signs and related equipment are prohibited in all districts: A. Any sign and/or sign structure which does not meet all the criteria set forth in this chapter. B. Animated/fluttering signs C. Balloons D. Bus bench signs E. Festoons F. Flashing signs G. Roof signs H. Rotating signs I. Signs that swing J. Sidewalk signs (sandwich/"A" frame) K. Portable signs L. Signs that obstruct free ingress to or egress from a door, window, frre escape or other required exit or entrance. M. Snipe signs or signs attached to or painted on fire escapes, television antennas, satellite dishes, utility poles or any other associated structure. O. Signs which emit odors, sounds, smoke, vapor or other visible matter. p. Signs or sign. structures supported by visible guy wires, cables or where there is visible electrical conduit. Q. Unauthorized signs on property owned by or under control of the City of Boynton Beach. 1227 Page 3 of 3 R. Banners unless approved pursuant to this chapter. S. Off premises signs, except those permitted under Chapter 21, Article III, Section 6 (Special Signs) or Chapter 22, Article II, Section 7, Paragraph O (Neighborhood Identification Signs). T. Electrical or illuminated signs in residential zoning districts, except that in a development where models are being demonstrated, an illuminated sign, meeting the other requirements of this chapter, may be used provided no illumination is shown between the hours of 9:00 p.m. and 7:00 a.m. the following day. U. Billboards. V. Non-geometric signs shaped to depict figures or demonstrative shapes used to attract attention to the business activity with which the sign is associated. W. Painted Wall Signs. (Ord. No. 96-61, § 2, 1-21-97; Am. Ord. 98-01, § 3, 1-20-98; Ord. No. 00-78, § 2, 1-2-01; Ord. No. 01- 50, § 3, 12-4-01) Disclaimer: This Code of Ordinances and/or any other documents that appear on this site may not reflect the most current legislation adopted by the Municipality. American Legal Publishing Corporation provides these documents for informational purposes only. These documents should not be relied upon as the definitive authority for local legislation. Additionally, the formatting and pagination of the posted documents vefies from the formatting and pagination of the official copy. The official printed copy of a Code of Ordinances should be consulted prior to any action being taken. For further information regarding the official version of any of this Code of Ordinances or other documents posted on this site, please contact the Municipality directly or contact American Legal Publishing toll-free at 800-445-5588. © 2002 American Legal Publishing Corporation techsuooort~amleflal.com 1.800.445.5588. 1228 Page ~ of 6 de of Ordinances PART III LAND DEVELOPMENT REGULATIONS* CHAPTER 21 SIGNS_ ARTICLE III. SPECIAL CONDITIONS ARTICLE III. SPECIAL CONDITIONS Sec. 1. Traffic hazards. No sign or structure supporting a sign regulated by this chapter shall be erected at the intersection of any streets in such a manner as to obstruct free and clear vision; or at any location where, by reason of the position, shape or color, it may interfere with, obstruct the view of or be confused with any authorized traffic sign, signal or device. (Ord. No. 00-78, § 2, 1-2-01; Ord. No. 01-50, § 3, 12-4-01) Sec. 2. Obscene matter/misleading advertising. It shall be unlawful for any person to display upon any sign or other advertising structure any obscene or indecent matter. It shall be unlawful for a person to display false or misleading statements upon signs, calculated to mislead the public as to anything sold, any services to be performed or information disseminated. The fact that any sign or display shall contain words or language sufficient to mislead a reasonable and prudent person in reading same, shall be prima facie evidence of a violation of this section by the person displaying the sign or permitting same to be displayed. (Ord. No. 00-78, § 2, 1-2-01; Ord. No. 01-50, § 3, 12-4-01) Sec. 3. Aesthetics. The aesthetic quality of a building or an entire neighborhood is materially affected by achieving visual harmony of the signs on or about a structure supporting a sign as it relates to the architecture of the building or the adjacent surroundings. In addition to the mechanical limitations on signs imposed by this section, there are certain aesthetic considerations which must be met and are therefore subject to review by the Planning and Development Board when required. A. The scale of the sign must be consistent with the scale of the building on which it is to be placed or painted and the neighborhood in which it is located. However, in no case shall it exceed the size provided for in other sections of this chapter. B. The overall effect of the configuration or coloring of the sign shall be consistent with the Community Design Guidelines. The configuration and colors shall be complementary with other signs already on the building and on adjacent properties. All freestanding signs shall be landscaped in an attractive manner, appropriate to the specific location, with a minimum dimension of the landscaped area not less than two (2) feet. Landscaping 1229 Page 2 of 6 shall be protected from vehicular encroachment. (Ord. No. 00-78, § 2, 1-2-01; Ord. No. 01-50, § 3, 12-4-01) Sec. 4. Interpretation. Where a question arises regarding the interpretation of this chapter, the most restrictive interpretation shall prevail. Interpretations of this chapter shall be made by the director of development or designee. (Ord. No. 00-78, § 2, 1-2-01; Ord. No. 01-50, § 3, 12-4-01) Sec. 5. Setbacks. All signs must meet a minimum ten (10) foot setback measured from the property line to the closest surface of the sign. Where a building is closer than ten (10) feet from a property line, a freestanding sign can have its leading edge one halfway between the property line and the building. Wall signs can be on the building surface. When an accessway intersects a public right-of-way or when the subject property abuts the intersection of two (2) or more public rights-of-way, all signage within the triangular areas described below shall provide unobstructed cross-visibility at a level between thirty (30) inches and six (6) feet. The triangular areas above referred to are: A. The areas of property on both sides of an accessway formed by the intersection of each side of the accessway and the public right-of-way line with two (2) sides of each triangle being ten (10) feet in length (or more when determined to be necessary by the development department), from the point of intersect/on and the third side being a line connecting the end of the other two (2) sides. B. The area of property located at a corner formed by the intersection of two (2) or more public or private rights-of-way, with two (2) sides of the triangular area being thirty-five (35) feet in length along the abutting public right-of-way lines, measured from their point of intersection and the third side being a line connecting the ends of the other two (2) lines. (Ord. No. 00-78, § 2, 1-2-01; Ord. No. 01-50, § 3, 12-4-01) Sec. 6. Special signs. A. Temporary project development signs. Large areas under development shall be permitted two (2) signs not to exceed a combined aggregate area of two hundred fifty (250) square feet. Said signs shall be located in accordance with the requirements contained in this chapter relating to the specific zoned area. Permits for sa/d signs shall be limited to the time the development is completed, terminated or abandoned. The permits for such signs will not be issued prior to the date upon which an application for a permit for the related building construction or site development is flied. These signs must be removed within sixty (60) days after the permit is issued, if const ' _con,,struc,t, ion is substantially abandoned for nine*,, r90~ d~-- - m.?on ,h,as not commenced, or if such anwor omer pertinent conditio-~ o;__ _ _ ~: ~ ~ ~, as evmenced by a lack of ins e ' for. n~. a~gns must oe removed when *~,~ ':--, ...... p ct~ons m~ xram ommmg ~nspection is called TOWT/t~OMtS M,~E~ SrrE PL^r~ 3' X 8' NYLON VERTICAL 3-STRIPE TALL FLAGS Fully Sewn wilh Canvas Header & Brass Grommets .~NDER/WTE 3' X 8' NYLON HORIZONTAL 2-STRIPE TALL FLAGS & Brass Grommets .,,mumE,~..'~ ROYALB~ooYELLOW CANADAnEB/W"'TE 155309 . . 155~.11 .,; ,.,,o~" 0.6: Rfl~..u~ u.,. 3' X 8' NYLON HORIZONTAL 3-STRIPI; TALL FLAG~ Fully Sewn with Canvas Header & Brass Grommei~ Please allow up to two weeks for shipment of the above slandard color combinations. Custom color comblnador are available upon request at 20% additional cost. Other sizes am also available upon request; call for pdcing. CANAOA I~ YEU.0W B~ : · ... 155312 155313 · :~;... ~, . Please allow up to two weeks for shipment of the above standard color com~lnatloris. Custom color combinations am awilable upon request al 20% additionat cost. sizes are also available upon ~ call for pdcing. L231 standard color comblnadons. Custom color combinations am available upon reqtmst at 20% additional cosL Other sizes are also available upon request; call for pricing. 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. 1232 The CRA shall furnish appropriate auxiliary aids and services where necessary to afford an individual with a disabihty an equal opportunity to participate in and en'o the · the CRA. Please contact Douglas Hut hinmn ~, q~:~ ~Y~-, .~b~e.tle~ ora service, program, or activity conducted by · ,.~=t Lw=n~-mur hours prior to the program or activity in order for the CRA to reasonably accommodate your request. MEMO TO: Kurt Bressner CC: Larry Finkelstein and Douglas Hutchinson SUBJECT: High School Task Force DATE: 02/26/2003 We have received our first bill from the medical examiner. These exams were required for the participants of the High School walk through. We are paying this bill at this time. We would like to request the $500.00 from the approved task force budget from the City of Boynton Beach. If it would be more convenient for the City of Boynton Beach to transfer the entire $50,000.00 for the CRA to manage at this time, we can also do this and give a regular accounting to the City of Boynton Beach. I will await to here your direction. Thank You Susan Vielhauer COMMUNZTY REDEVELOPMENT AGENCY - ROLL CALL VOTES -lose Aguila Alexander DeMarco YES NO YES NO YES NO ~llman Alexander DeHarco Aguila Fenton YES NO YES NO YES NO rllman Alexander DeMarco Aguila YES NO YES NO YES NO Finkelste~n Aguila NO NO NO s:\cc\wp\minutes~cra~rotl Call sheets.doc SatuPday ApPil 5th,2003 Ocean Ave & Federal Highway Boynton Beach 6:00 PM - 11:00 P/~ Dillengeps - Rock a ~illy Elvis - .Tmper'.~or~a~or' Delusions - 50~ Doo 14/op .Style Kids Zone at Vel'eran~ C~istabelle the Clown, Mr. Brian and the Boppers, Bounce House & more Join us for a FREE night of: ~reat Food, Live Music, Classic Cars and many chances to Win Great Prizes. ~2 Mile Car ¢~uise and Skills Course 1:00 PM I=o~ Info~mation call 561-737-3256 www. wheelsweekend-c°m CRA BODA Saturday April 5th,2003 Ocean Ave & Federal Highway Boynton Beach 6:00 PM - ! ! :00 PM Dillengers - Rocl~ a Billy Style Elvis - £mperso~ator Delusions - 503 Ooo H/ap Style Kids Zone at Veterans Cristabelle the Clown, Mr. Brian and the Boppers, Bounce House & more ~Toin us for a FREE night of: ~reat Food, Live Music, Classic Cars and many chances to Win ~reat Prizes. 22 Mile Car Cruise and Skills Course ! :OO PM For ]~nformotion call 56:1-737-3256 Saturday April 5th, 003 Ocean Ave & Federal Highway Boynton Beach 6:00 PM - ! ! :00 PM billengers - Rock a Billy Style Elvis - £mpersonator Delusions - 50'~ Doo l,~'op Sty/e Kids Zone at I/eteraas Park Cristabelle the Clown, Mr. Brian and the Boppers, Bounce House & more ~Toin us for a FREE night of: ~reat Food, Live Music, Classic Cars and many chances to Win ~reat Prizes. 22 Mile Car Cruise and Skills Course ! :OO PM For ]~nformation call §61-737-32§6 Saturday April §th,2C Ocean Ave & Federal Highw~ 6:00 PM - :I:I:CI billenge~s - Rock a ~i//y Elvis £m/~e~oaato~