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Agenda 09-10-02 ~epteml~er :10, 2002 t. ommission Chambers Boynton Beach 6:30 P.M. Call to Order. Roll Call. Agenda Approval: A. Additions, Deletions, Corrections to the Agenda. B. Adoption of Agenda. Consent Agenda. A. Approval of Minutes - August 13m, 2002 CRA Board Meeting and August 24rd, 2002 Workshop. B. Financial Report for August 2002. Public Hearings: New Business AGENT: OWNER: LOCATION: DESCRIPTION: Land Use Plan AmendmentJRezonin 1. PROJECT: /he Harbors (LUAR 02-005) Jennifer Morton, Land Design South Schgai, Inc. 2300 North Federal Highway Request to Amend the Comprehensive Plan Future Land Use Map from Local Retail Commercial (LRC) to Special High Density Residential (SHDR); and Any person who decides to appeal any decision of the Community Redeve/opment Advisory 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 vert)atim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. The City shall furnish appropriate auxiliary aids and services where necessary to afford an individual with a disability an equal opportunity to Pa~cipate in and enjoy the benefits of a service, I:)rogram, or activity conducted by the Qty, least twenty-four hours Prior to the program or activity in order for the City to reasonab/y accommodate your request. Please contact Douglas Hutchinson at 561-742-6435 at Director's Report: A. Project Updates VII. 1) Up-Date on Transfer funds to CRA Operating Account 2) Reminder of ending of Director's Probationary Period. 3) Review Comments for Fagade Grant Program Revisions for 2002/2003 and direction for existing apPlications. 4) Up-date on Office Space. 5) Request from the Mayor and City Commission for the CRA to Develop an Alternative use plan for the Old High School. 6) Board Up-Date on Ocean District Plan. 7) Incentives Program Outline for CRA Cash Contributions. Unfinished BUsiness: None V'ZJ'I. New Business: A. Review Relax Inn Contract and Conditional Items and Consider Approving Purchase and Direction to Set Purchase Closing date. B. Review of Trash Collection for the CRA Area. C. Review Staff recommendations for section of a Firm for the CRA Signage Program and subsequently, to development and negotiate a consulting contract for the CRA Signage Program and bdng Proposed document to the CRA Board for Final Approval. D. Request for Qualifications for Architectural~Engineering Services for the Construction of the Extension of Boynton Beach Blvd. and the Promenade Phase I, II & Ill Located Adjacent to the Marina Project. E. Review Candidate for Control/er and consider approval of COntract and fees to Robert Ha If Agency. F. Review of Insurance Policies and Bonding submitted by Controller for CRA Coverage and consider reimbursement of COsts as per the Employment Agreement. G. Consideration of approval of a CRA Secretary. Any person who decides to alo~eal any de(is/on of the Community Redevelopment Advisory 8oard with respect to any matter considered at this meelJng will need a record of the proceedings and for Such purpose may need to ensure that a verba~m record of the proceedings is made, which record includes the ~est~mony and evidence ul3on which the al3~eal is to be based. The Oty Shall furnish al~oroprfate au~dliary ~ardcipate in and enjoy the be~efi aids and services where necessary least I:s of a ' twenty'four hours Prior to ~.~ --- service, program, or act~vP-. ~-~ to afford an ind/vidual with ,,,~ program or acl:j~,. ;- --~ - w' ~-unoucted hv the ~-- ~ a disability -,,x ,- on3er for the ~h, ~. ~_-' . '-,~y. ~ease contact D~=~ an equal ol:~.oort'unity to - ~-~ ~, ,~c=~onaoly a,-,-~.. ...... ---~'..-~ Hutchinson at 56Z-742-6435 at ...... ,,.~dce your request. H. Review and Consideration for approval of the CRA Personnel Policy Manual, Purchasing Procedures Manual and Financial Operations Manual. Consideration of 2002/2003 CRA Budget. .1. Consideration of Payoff of CRA Loan at Bank of America and Seek proposals to establish a line of credit. K. Consideration of Negotiation for Acquisition of Properties for the Boynton Beach Blvd. extension, the Promenade, Riverwalk and Mangrove Park expansion. L. Consideration of a Request for City funds in support of Acquisition of Properties for the Boynton Beach Blvd., the Promenade, Riverwalk and Mangrove Park expansion. Consideration of a Request for City funds for the development of an adaptive reuse plan for the historic high school. :[X. Other Items: X. Public Audience. X:~. Adjournment. Any person who decides to appeal any decision of the Community Redevelopment Advisory Board with respect to any matter considered at this mee~ng will need a record of the proceedings and for such purl:x:~-~e may need to ensure that a verbaUm record of the proceedings is made, which record includes the testimony and evidence ut3on which the appeal is to be based. The City shall furnish appropriate auxiliary aids and services where n __ece~:~___ry to afford an individual wibh a disability an equal opl3orl3Jnity to participate in and enjoy ~ benefits of a service, program, or activity conducted by ~ Qty. Please contact Douglas Hutchinson at 561-742-6435 at least twenty-four hours prior to the program or activity in order for the Qty to reasonably accommodate your request. A,n~roval of Hinutes - August 13~, 2002 CRA Board Heeting and AUgust 24rd, 2002 Workshop. PROJECT: AGENT: OWNER: LOCATION: DESCRIPTION: Merano Bay (LUAR 02-006) Carlos BaJJbe, Woodside Land Development Corp. AutoTone, ~nc. Southeast corner of Shore Drive and Federal Highway Request to reclassify the subject property from Local Retail Commercial to High Density Residential and to rezone from C-3 Community Commercial to IPUD Infill Planned Unit Development. (This item has been advertised for the September 10, 2002 meeting and should be tabled until October 8, 2002, to coincide with the revised schedule for processing of the corresponding site plan) MINUTES OF THE COMMUNITY REDEVELOPMENT AGENCY REGULAR MEETING, HELD IN COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA, ON TUESDAY, AUGUST 13, 2002 AT 6:30 P.M. Present Larry Finkelstein, Chairman Jeanne Heavilin, Vice Chair Josh Aguila Alexander DeMarco Don Fenton Michelle Hoyland Henderson Tillman Douglas Hutchinson, CRA Director Lindsey Payne, Board Attorney Lusia Galav, Principal Planner Laurinda Logan, City Engineer I. Call to Order Chairman Finkelstein called the meeting to order at 6:30 p.m. II. Introduction The Recording Secretary called the roll. Chair Finkelstein recognized the presence in the audience of Commissioner Ferguson, Assistant City Manager, Dale Sugerman, and Chris DeLiso, Chairman of the Code Compliance Board and he welcomed them to the meeting. Ill. Agenda Approval Vice Chair Heavilin suggested that Agenda Item 8C, Trash Collection in CRA District, be tabled until the next meeting. .Motion Mr. DeMarco moved to approve the agenda as amended. Vice Chair Heavilin seconded the motion that carried unanimously. IV. Consent Agenda Approval of Minutes of July 9, 2002 and August 3, 2002 Meetings July Financial Report Motion Mr. Aguila moved to approve the items on the Consent Agenda. Mr. Tillman seconded the motion that carried unanimously. V. Public Hearings Board Attorney Payne administered the oath to all who planned to testify at the meeting. Bo Co New Site Plan 1. PROJECT NAME: AGENT: OWNER: LOCATION: DESCRIPTION: Administrative Appeal 1. PROJECT NAME: AGENT: OWNER: LOCATION: DESCRIPTION: Request t© Rezone from (C-3) Community Commercial to (IPUD) Infill Planned Unit Development. Proposed us'. ~evelopment of 54 fee-simple townhouses. The Harbors (NWSP 02-012) Jennifer Morton, Land Design South Schgai, Inc. 2300 North Federal Highway Request to construct 54 fee-simple townhouse units on acres. This request for master plan and site plan approval will contingent upon the approval of the concurrent land amendmentJrezoning application (LUAR 02-005). 3.21 be use Gateway Texaco (ADAP 02-001) Bedl Kruger, Planning and Zoning Consultants Zuhair Marouf 2360 N. Federal Highway N. Federal Highway at Las Palmas Request for appeal of administrative determination that proposed improvement to gas station/convenience store would be an unlawful expansion of legal, non-conforming use. Any person who decides to appeal any dec~sion of the Community Redevelopment Advisory 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 verOat~m record of the proceedings is made, which record includes the tes-~mony and evidence upon which the appeal is to be based. The City shall fiJrnish appropriate auxiliary aids and services where necessary I:o afford an individual with a disability an equal Ol~13ortunity to participate in and enjoy the benefits of a service, program, or activity conducted by the City. Please contact Douglas Hutchinson at 56).-742-6435 at least twenty-four hours prior to the program or activity in order for the C3ty to reasonably accommodate your request. Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida August 13, 2002 Old Business A. Maior Site Plan Mod.m,~,ation Project: Agent: Owner: Location: Description: M & L Roofing (MSPM 02-003) Riza N. Altan, P.E. Mai Lowe 630 Industrial Avenue Request for a major Site Plan modification to add 8,283 square feet to a 2,275 square foot existing light industrial warehouse building for a total of 10,558 square feet on a 0.64-acre parcel. that it be relocated. Ms. Lu that had been provided to produced color swatches subject to satisfying all Cor would, however, support fu requested revised elevation Eric Johnson, Planner, gave an overview of the project. He advised that the Fire Department had determined that the optimum space for the emergency vehicle turnaround space would be where it appears on the plans. The Board had requested ~ia Galav distributed an 8.5 x 11" elevation to the members ~e City just prior to the meeting. Also, the applicant had not s requested. Staff recommended approval of the project, Jitions of Approval that were in the original Staff Report. Staff 'ther tabling of the item if the applicant failed to present the and color samples. Reza N. Altan, P.E., 125 presentation to the Board ti project. Chair Finkelstein asked Mr. and Mr. Altan replied that th Mr. Altan identified the colo~ it would be applied to the e~ Chair Finkelstein opened wished to speak on the pro the Public Audience. Mr. Aguila noted that the ~ match the rendering on dis life difficult for business ov buildings actually improvec areas. Mr. Tillman felt that the appl approved as presented. Mr Ms. Hoyland asked if the ap Old Okeechobee Road, West Palm Beach, made a lat included color samples and a rendering of the proposed Altan if the applicant agreed to all the Conditions of Approval By did. 'sample as Benjamin Moore, soft cranberry, and stated that isting building and the building addition. he Public Audience and asked if anyone in the audience act. Since no one wished to speak, Chair Finkelstein closed ,levation the Board had been given at this meeting did not )lay. He stated that it was not the Board's intention to make rners but to make sure that new buildings and changes to the areas in which they were placed, including industrial icant was trying to improve the property and that it should be Fenton agreed. )licant would object to continuing the mansard roof along the entire line of the north elevation. The applicant responded that they would not object. 2 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida August 13, 2002 Motion Ms. Hoyland moved to approve the project, subject to the Conditions of Approval outlined in the Staff Report and the fol' 'qg added conditions: 1) that the color of the building be "Soft Cranberry," Benjamin Moore 2094-40; 2) that the mansard roof be continued on the entire north side of the elevation; 3) that the 8.5 x 11" elevation submitted at this meeting be the elevation that will be used for the project and not the rendering shown at the meeting; 4) and that the mansard roof also be continued on the west elevation, which is not indicated on the 8.5 x 11" elevation presented at this meeting but is on the rendering. Mr. Tillman seconded the motion. Mr. Fenton asked Mr. Altan if he would have a problem with continuing the mansard as Ms. Hoyland requested, and Mr. Altan replied that they could keep the mansard higher so the trucks would not be impeded on entering the building. The motion passed 6-1, Mr. Aguila dissenting. New Business B. Land Use Plan AmendmentJRezoning Project: Agent: Owner: Location: Description: The Harbors (LUAR 02-005) TABLED TO 9110 Jennifer Morton, Land Design South Schgai, Inc. 2300 North Federal Highway Request to Amend the Comprehensive Plan Future Land Use Map from Local Retail Commercial (LRC) to Special High Density Residential (SHDR); and Request to Rezone from (C-3) Community Commercial to (IPUD) Infill Planned Unit Development. Proposed use: Development of 54 fee-simple townhouses Motion Ms. Hoyland moved to table The Harbors until the September 10, 2002 meeting. Vice Chair Heavilin seconded the motion that carried unanimously. C. Rezonin.q Project: Agent: Owner: Location: Description: The Residences at Marina Village (REZN 02-005) Bruce Jarvis, The Bruce Group, Inc. AERC of Virginia, Inc. 743 N.E. 1st Avenue Request to rezone the 6.93-acre Marina property from Central Business District (CBD) to Mixed Use-High Intensity (MU-H) to allow for planned Mixed-Use Marina Project. Dick Hudson, Senior Planner, gave an overview of this rezoning item, noting that the correct address should be N.E. and not N.W. 1st Avenue. Staff recommended approval of the rezoning request, subject to all Conditions of Approval. Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida August 13, 2002 Chair Finkelstein offered the Board and the applicant an opportunity to speak. He then opened the Public Audience but when no one wished to speak, closed it. Motion Mr. Tillman moved to approve the request to rezone the 6.93-acre Marina property from Central Business District (CBD) to Mixed Use-High Intensity (MU-H) to allow for the planned Mixed-Use Marina project. Mr. Aguila seconded the motion that carried unanimously. D. Major Site Plan Modification Project: Agent: Owner: Location: Description: The Residences at Marina Village (MSPM 02-005) Bruce Jarvis/Gerald Goray, Goray-Jarvis AERC of Virginia, Inc. 743 N.E. 1st Avenue Request for Major Site Plan Modification to Phase 2 of the Marina project to add 48 residential units and commercial space, expand the parking garage, increase project height, and make related site modifications on 3.79 acres. Lusia Galav, Principal Planner, gave an overview of the modifications to the Site Plan that had originally been approved in 1997. The proposed project consists of two nine- story apartment buildings containing 282 units with commercial space on the first floor under each apartment building, and a seven-story parking garage. Ms. Galav indicated that staff recommended approval of this item, subject to the Conditions of Approval in the Staff Report. One major change is that Casa Loma Boulevard (now Marina Drive) would now go through and connect with Boynton Beach Boulevard to the north to provide better pedestrian and vehicular access to the site. The current Site Plan did not have that connection but would if the proposed project were to be approved by the Board and the City Commission. She deferred to the developers to elaborate on the details of the project. The developer, Bruce Jarvis, and the architect for the project, Roger Fry, fielded questions from the Board about the proposed project. Roger Fry presented elevations and artist's renderings for the Board's review and approval. Mr. Fry explained that the road had been redesigned to provide a pedestrian friendly loop through the site that would extend through the retail area and along both marinas, and connect cars and pedestrians back to Boynton Beach Boulevard and the Park. This would help to integrate the Park into the project. Their new design tucks the garage into the back of the site where it is lined by other buildings and hidden from all of the public streets, for the most part. They added forty feet to the existing right-of-way to put another driving lane going in and two lanes coming out, to eliminate queuing problems going either way. They also added a median feature for landscaping. Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida August13,2002 Mr. Fry revealed the architectural details of the north and south elevations. He then explained the color scheme for the building including a soft khaki color on the bottom, a soft yellow in the middle, and a lighter yellow on the top, with bc,-,~ing at the fourth and eighth floors. The colors are being transitioned to break up the building horizontally. All the fascias, moldings, trims and Bahama shutters will be white. The two apartment buildings will each have two-story lobbies with French doors. The parking garage has grillwork in the openings, a recessed panel in the middle of the vertical columns, and some capitals on top of the columns. The garage faces the property line, not a street. Another building could be built there in the future and this elevation would not even be seen. They introduced features on the ends of the garage that made it appear more like a regular building. Chair Finkelstein opened the Public Audience and closed it when no one expressed a desire to speak. Board Comments Mr. Aguila noted for the record that he had a meeting with Mr. Jerry Goray, at Mr. Goray's request, and Mr. Goray did not share with him any conversations he had with other Board members. Mr. Aguila expressed his general approval for the project as presented and thought it was a better plan than the last one. Mr. Aguila noted that people wishing to drop passengers off at the lobbies of the two buildings could be coming from the south or from Boynton Beach Boulevard and this could create a traffic conflict. The developer's plans for a camera in the parking garage that would transmit pictures to the 24/7 main lobby desk of the North Building did not seem adequate in light of Mr. Aguila's concerns about crimes against persons. Mr. Aguila expressed concern about the lack of an air-conditioned space for the trash compactor and the amount of garbage that would be generated by three or four restaurants. He believed that an unpleasant odor would be completely unacceptable in an area that could one day have hundreds of people visiting it. Mr. Jarvis agreed, stating that it was an area of mutual concern. Mr. Jarvis mentioned that an agreement had been reached with Dale Sugerman, the Public Works Division, and Pete Mazella relative to the location of the off-site compactor to serve their commercial and restaurant, the Two Georges, and the related facilities on the south side of the site. They agreed to locate the trash compactor in the right-of-way adjacent to the lift station. They would run a fence of the same design along the Park along the south side of the lift station on the property that the City now owns, provide two twelve-foot gates, one fixed, one motorized. They turned the wall north along the edge of the deep-well injection site and then turned it a little to the east. In the bargain, they had a place to put trash. They covered up a less-than-attractive structure. The final agreement would be rent-free and the project would take any trash generated from public events that occur in the Promenade. Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida August 13, 2002 Mr. Fenton mentioned that he had also met with the developers and that he shared Mr. Aguila's concerns. His primary concern was the potential of unpleasant smells emanating from the trash area. He wished to hear Mr. Sugerman's point of' ' w on this topic. Dale Sugerman, Assistant City Mgr, stated that new information had come to light earlier in the day of this meeting that indicated a problem with placing the compactor within the fifty-foot easement adjacent to the lift station site. The language of the easement that was granted in 1978 indicates that only public utilities may be placed in the easement. However, there was conflicting language in the easement that Mr. Sugerman was pursuing with Legal to determine if the compactor could be placed within the easement. In any case, Mr. Sugerman believed that Condition #1 of the Conditions of Approval would be sufficient to cover this issue because it states that prior to issuance of a building permit, the applicant would have to contact the Public Works Department regarding the storage and handling of refuse and meet certain requirements. Mr. Aguila asked Mr. Sugerman if the existing, lift station emitted an unpleasant odor. Mr. Sugerman stated that when the lift station is functioning properly, it does not emit an unpleasant odor. Currently one of the pumps has failed. They have a bypass pump in place and the sealing of the control of sewage is not as good as it would be if the lift station were completely intact. While the bypass pump is operating, there is a slight odor. Mr. Aguila encouraged the City to try to correct this problem. With several restaurants operating in the vicinity, he believed odor would be a constant problem and hoped a fix could be found. Mr. Sugerman stated that Lift Station 356, the one in question, did not have a smell, on average, 98 or 99% of the time. Gerry Goray, Bruce Jarvis' partner, stated for the record that the State Statute that deals with T.I.F. money - the increased tax revenue that results from the development of this project - allows up to 95% of the local and County portion of that increased revenue to be rebated back to the developers under certain conditions. He thought a mutually beneficial arrangement should be reached regarding this T.I.F. money. They did not have specific numbers today but will be presenting them to staff for consideration at a future meeting. These are dollars that would be necessary for the project to achieve a better economic viability and feasibility and better financing ability. He brought the subject up for awareness only. Ms. Hoyland mentioned for the record that she had also met with Gerry Goray and Bruce Jarvis and discussed this project. She verified that the elevations seen at this meeting had not been seen and approved previously. Ms. Hoyland expressed concern about the intrusive appearance of the parking garage. If the plans for the Relax Inn were to be completed, the northwest parking garage elevation would be highly visible from Boynton Beach Boulevard and Federal Highway, heading south. Ms. Hoyland thought that the parking garage could be designed in such a way that it would appear less intrusive and more integrated with the other buildings by possibly matching the end caps of the garage with the building elements of the apartment buildings and altering the color scheme, inverting it, so the garage would be more yellow and less khaki green. Mr. Aguila agreed with Ms. Hoyland's comments about matching the roof treatments on the buildings and the garage. Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida August 13, 2002 Mr. Fry felt that they had completely hidden the garage from the street. Also, they liked the idea of having the garage appear different from the main buildings, feeling that they were completely separate uses and ~hould have unique identities. He mentioned other- projects where they had done garages in colors that were compatible to but different from the main buildings. Mr. Fry addressed the color issue in response to Ms. Hoyland's concerns, saying that there would then be a lot of yellow. Ms. Hoyland thought that the proposed khaki-green color was too dark for such a large building. She thought it might be better if that color were lightened a shade or two. Mr. Fry stated they were proposing to do a combination of palms and leafy trees to break up the elevation. Ms. Hoyland suggested that the end features on the parking garage be painted in softer colors with the central part a darker green, to which Mr. Fry agreed. Mr. DeMarco also noted that he had met with Gerry Goray and Bruce Jarvis about the project and was impressed with the details he had seen at this meeting. He mentioned the hope that the parking garage for this project could look like the ones at CityPlace. Mr. Fry responded that the CityPlace garages were three-bay garages and the proposed garage is a two-bay garage. In a three-bay garage, the ramp goes in the middle so all the externals are flat. He explained that there would not be enough depth at this site for a three-bay garage and that one of the sides had to ramp. This issue could be resolved by putting an entirely different fa(;ade in front of the garage but that would require a lot of money. Vice Chair Heavilin also met with the developers about the project. She felt there was some merit to a parking garage looking like a garage so people would know that parking was available. She was not opposed to its looking like a parking garage. She thought it was time to get started on the project. Mr. Tillman thought that the two end parts of the garage needed to have softer colors. As proposed, the garage seemed like a penitentiary. In the middle part of the garage, he would put in more mature trees from the outset. At the top level, he suggested having pots filled with shrubbery on the top to help soften the appearance of the parking garage. Chair Finkelstein stated that Comment #29 in the Conditions of Approval showed 277 units and it should state 282. Mr. Aguila stated that it should also reflect $184,992 for the park impact fee. Chair Finkelstein liked the project but thought that it would have to be approved in conjunction with a Development Agreement as in the previous Site Plan approval for the project. Ms. Galav stated that she understood the agreement was being rewritten to reflect the new modifications. She did not believe that it had to be a part of the Site Plan approval. Mr. Jarvis indicated that the old Development Agreement had been crafted in an atmosphere of mutual distrust and that the atmosphere of cooperation today was quite different. He stated that their attorney and the City's attorney were working on the agreement at this time. Since the developers were in agreement to all the conditions in Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida August13,2002 connection with the Site Plan, they hoped to get that approved so they could go forward with final working drawings and get the project on the road. He knew of no adversarial issues between the parties at this time. Dale Sugerman, Assistant City Manager, stated that from the City's perspective, the old Development Agreement is the current Development Agreement. His opinion was that the current Development Agreement was in technical default by both parties and would be extinguished by language in any replacement Development Agreement, if in fact the parties believed that such an agreement were necessary. Chair Finkelstein stated that he was in agreement with the other Board members in believing that three restaurants, a dive shop, and fishing boats would create a lot of trash and that the compactor would receive a lot of use. He was relying on staff to consider the capacity of the compactor relative to this high usage. Ms. Galav stated that Condition#1 indicated that before the developer could get a building permit, this issue would have to be resolved. Mr. Fenton had no problem with the garage but thought that staggering the mature trees to break things up would be appropriate. Motion Mr. DeMarco moved to approve the Major Site Plan Modification to Phase 2 of the Marina project to add 48 residential units and commercial space, expand the parking garage, increase project height and make related site modifications on 3.79-acres, subject to all staff Conditions of Approval. Ms. Hoyland seconded the motion with the following additions: request that the ends of the parking garage be painted a color two shades lighter than the dark khaki color proposed; modify Comment #29 to reflect 282 units and $184,993; that the trees be at least 16 feet in height, or higher, when planted. Mr. DeMarco accepted the additions to the motion. The motion passed 7-0. E. New Site Plan 1. Project: Agent: Owner: Description: Vermeer Southeast Sales (NWSP 02-013) Ken Kruger, P.E. Boynton Industrial Park Association Request for Site Plan Approval for a 14,000 square foot light industrial facility in a M-1 zoning district on a 4.32-acre parcel. Maxine DuCoste-Amedee, Planner, presented an overview of the project. The building and related parking will be used for a business that services and sells construction machinery. The Planning and Zoning Division recommended approval, subject to the comments included in the Conditions of Approval. Ken Kruger, Project Engineer, with offices in Lake Worth, presented some information about the history of Vermeer Southeast Sales. Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida August13,2002 When asked by Chair Finkelstein, Mr. Kruger expressed that the applicant was in agreement with all the Conditions of Approval. Chair Finkelstein opened the Public Audience and closed it as no one wished to speak. Mr. DeMarco wondered whether the facility would create any noise, odor, or environmental problems. Mr. Kruger stated that an Environmental Review had been part of their application process and that it was ongoing at this time. He stated that their facilities were clean and well maintained and invited interested persons to view their facility in Pompano. Mr. Fenton asked if staff had the results of the environmental assessment. Mr. DuCoste-Amedee stated that the Code requires certain uses to apply for an environmental review permit. The applicant applied for that permit and the process is ongoing. Once they receive that approval, they will be able to proceed. Mr. Fenton asked if that was part of the Conditions of Approval. Mr. Ducoste-Amedee stated that since they had already applied for the permit, staff felt it could be removed from the Conditions of Approval. If they do not pass the environmental review permit, they will not obtain an occupational license and a Certificate of Occupancy to begin functioning as a business. Mr. Aguila felt there was too much asphalt and concrete on the site and not enough greenery and hoped that the applicant would work with staff to find ways to improve that. He suggested reducing the interior drive aisle widths to accomplish this. Mr. Aguila also suggested that the applicant make the concrete wall on the front of the building ten feet high instead of two feet high. Mr. Kruger stated that he would have to discuss that with his client. He commented that he had been up and down Industrial Avenue and that he had not seen anything like this. He believed the Code would allow a plain metal building. Mr. Aguila stated that it was the Board's job to improve the appearance of the buildings in their district. Ms. Hoyland agreed with Mr. Aguila's comment about reducing the drive aisle widths to gain space for additional landscaping, working with staff to achieve this while accommodating the needs of the business. She agreed with Mr. Aguila also about extending the brick wall up, preferably to the tops of the bottom windows and to the north and south sides as well, to be consistent. She noted that with the wide space for foundation planting, the two foot high wall would probably be covered by plantings anyway. Vice Chair Heavilin asked what security measures would be taken to protect the open display of equipment on the site. Mr. Kruger stated that fencing was proposed around the perimeter of the property and there would be a perimeter landscape buffer. Ms. Hoyland asked what the applicant would be using for the surface of the equipment display area and Mr. Kruger replied that they proposed to use a stabilized rock surface. 9 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida August 13, 2002 She asked if the vehicles on display were for sale and whether vehicles were put there after being serviced. Mr. Kruger responded that people usually bring their equipment in for a quick fix so they can get out on the jobsite and they rarely have to store equipment. Mr. Fenton did not want to hold up approval based on how high up the brick wall would go on the building. Motion Mr. Aguila moved to approve the new Site Plan for a 14,000 square foot light industrial facility in a M-1 zoning district on a 4.32-acre parcel for Vermeer Southeast Sales, subject to all staff Conditions of Approval, with the additional comment that what is shown as a two foot high brick wall on the west elevation will be raised to a ten foot high brick wall above grade, to the top of the bottom window, wrapping to the north and south sides of the building for several feet, as shown on the existing north and south elevations. Ms. Hoyland seconded the motion. Vice Chair Heavilin had a problem with raising the wall from two feet to ten if it would not be financially feasible for the applicant. Mr. Aguila modified his motion to state that the height of the wall would be eight feet or whatever amount would come to the top of the bottom window. Ms. Hoyland agreed to the amendment to the motion. The motion passed 6-1, Mr. Fenton dissenting. THE MEETING RECESSED AT 8:30 P.M. AND RESUMED AT 8:40 P.M. VI. Director's Report A. Project Updates 1) Meeting with Ed Petuch - Florida Atlantic University Letter This item is self-explanatory. 2) Update on Transfer Funds to CRA Operating Account This item is self-explanatory. 3) Workshop Dates: Budget, Policy and Incentives The Board discussed a date for a workshop to discuss the CRA budget. Mr. Hutchinson stated that the City had requested that by October 1, the CRA give them their new budget so that it coincides with their budget process. This would require having a workshop before the next CRA meeting, which is set for September 10. Chair Finkelstein stated that the CRA was not required to do this and asked why the City wanted to have it. Chair Hutchinson stated that it was a matter of courtesy but he had not found any Statute that was absolute about this. Chair Finkelstein asked Quintus Greene to comment on this. 10 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida August 13, 2002 Quintus Greene, Development Director, stated that he believed the Finance Director had indicated that under State law, the CRA's budget year will have to run from October 1 to September 30 and he thought that was what this was about. Chair Finkelstein stated that the Board Attorney disagreed with this position but he did not wish to make an issue of it. He thanked Mr. Greene. Mr. Aguila asked why the CRA would want to have a different fiscal year from the City. Chair Finkelstein stated that the Board had agreed on going to a calendar year to have a more businesslike municipal accounting system. He stated that the CRA's budget did not run with the City's budget. The CRA gets its T.I.F. money in December, allocates it in the budget, and spends it. Mr. Hutchinson commented that the City was not dictating what was in the budget. He stated that if the Board decided to go with the calendar year, it could be done but might take quite awhile to put in place due to the other demands on staff at this time. The Board decided to have a workshop on August 24, 2002 from 9:00 a.m. to 12:00 p.m. Mr. Hutchinson will secure a meeting site and communicate it to the Board. Mr. Hutchinson indicated that staff was working with the Chair on revisions to the budget. He thought there would be ample time for the Board members to review it and get their comments back to him. Mr. Hutchinson moved on to the next part of this item, the Personnel Policies and Procedures, stating that it was very important to move ahead with this. The next item for discussion would be incentives. Mr. Hutchinson agreed to not put all three items in one workshop but wanted them to be on an agenda in the near future. The Board Attorney had requested that the Board set an interim travel policy before the upcoming CRA Conference. 4) Status of Property Acquisitions at Boynton Beach Boulevard/Federal Highway and MLK at Seacrest An analysis of this item prepared by Mr. Hutchinson and Mr. Nardi was included in the member's packets. Mr. Hutchinson asked that the member's review the information for future discussion. 5) Fa;ade Grant Program Revisions for 2002-2003 Mr. Hutchinson advised that he had done a lot of work on revising this program and hoped that the member's would look at it, and give him their feedback in writing. Chair Finkelstein's quick comment was that something about Release of Liens should be included in the program package. The Board discussed this item briefly, with several comments being made about how onerous it was to the people who need it and how much it needed to be streamlined. Mr. Hutchinson stated that he had not taken away any of the language in the original Program document. Vice Chair Heavilin noted that many people needing improvements to their businesses could not afford $10,000 up front. Mr. Hutchinson advised that he had spoken to some banks to possibly front the money. Mr. 11 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida August 13, 2002 Hutchinson will use the Board's written comments to generate a revised program document for the Board's review and approval. VII. Unfinished Business None VIII. New Business Ao Review Relax Inn Environmental Survey Results and Recommendations, and Consider Approval of a Sample Well(s) Mr. Aguila agreed with the price and the service provider but had several concerns with the associated Agreement. These concerns were discussed and incorporated into the following motion. Motion Mr. Aguila moved to approve the proposal with Evans Environmental & Geosciences for the wells at the Relax Inn with revisions to the agreement as follows: Under Basis of Compensation, the price shown will be a Not to Exceed price; Article 5 will be deleted in its entirety; Article 6.A, last sentence, will be deleted. The payment shall be within 30 days of receipt of a proper invoice; Article 6.D., that the CRA will receive copies of all drawings, specifications, and work product; and that Article 6.E will be deleted and replaced with the language that in the event that any legal action is required, it would take place in Palm Beach County. Vice Chair Heavilin seconded the motion that carried unanimously. Mr. Hutchinson asked for authorization to sign the documents, as amended, on behalf of the Board as the Director. The Board preferred to have Chair Finkelstein sign the amended documents. Review and Consider Approval of Demolition Quotes for the Removal of the Relax Inn Chair Finkelstein expressed concern about demolishing the wooden fence at the rear of the Relax Inn property because he thought it belonged to the Bank of America. Mr. Nardi stated that a survey would be obtained after exercising the option and the option would state that only property belonging to the Relax Inn would be demolished. The Board discussed the quotes and felt that the exclusions in the Thomas B. Cushing quotation were excessive. They thought it might be prudent to get a quote from them without the exclusions. They were concerned about whether they would get the proper permits and cap off the utilities in the correct manner. Mr. Nardi related that he had spoken to Mr. Cushing at length and believed that his company would do the job that the CRA wanted done in a responsible manner. He suggested that the Board award the bid with provisions. 12 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida August 13, 2002 Motion Mr. Fenton moved to award the demolition of the Relax Inn to the Thomas B. Cushing Demolition Com",~ny, with the understanding that their bid price includes their acceptance of the responsibility to procure any necessary permits and that they will carry out the proper procedures to cap off the utilities on the site. C. Review of Trash Collection for the CRA area. This item was deferred to the next regular CRA meeting by consent of the Board. Request for Qualifications for Architectural/Engineering Services for the Construction of the Extension of Boynton Beach Boulevard and the Promenade Phase I, II, and III Located Adjacent to the Marina Project. Mr. Hutchinson explained that he had prepared this RFQ using the City's standard RFQ package and he welcomed comments from the Board. Chair Finkelstein noted that the use of the terms Promenade Phase 1, 2, and 3 should be consistent throughout. Mr. Aguila had a number of concerns about the RFQ that he aired and discussed with the Board members. His requests were duly noted and appreciated by Mr. Hutchinson, who will incorporate them into a revised document that he will bring back to the Board at its next meeting for review and approval. Request for Qualifications for Consultant to Prepare a Way-Finding Master Plan/Signage Program for the CRA Area. Board comments: 1) 2) 3) 4) Publish in Palm Beach Post only, Sundays and Mondays Question of having small CRA signage project or becoming part of a citywide signage program. On Page 5, number 3, eliminate restriction to south Florida. Consistency in referring to Promenade Phase 1, 2, and 3 Mr. Hutchinson noted that there were 100 qualified suppliers of this service. Mr. Aguila asked him if he knew of any sign companies that were currently under contract to any other south Florida municipalities in the surrounding towns. Mr. Aguila suggested that Mr. Hutchinson find out if it would be possible to piggyback another contract and bring two or three qualified candidates back to the Board to make presentations. He was in favor of doing something on a smaller scale that would be immediately visible. Motion Vice Chair Heavilin moved to go ahead with the Request for Qualifications for the Way- Finding Master Plan/Signage Program. Ms. Hoyland seconded the motion that carried 6-1, Mr. Fenton dissenting. 13 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida August 13, 2002 Mr. Hutchinson proposed opening the bids on the appropriate date, doing a tally, and presenting the information to the Board at a regular meeting for approval. He also proposed advertising in the '" !m Beach Post only on Sunday and Monday. Vice Chair Heavilin wanted the proviso stricken that would restrict the consultant's knowledge to south Florida. Vice Chair Heavilin and Ms. Hoyland agreed to add these three comments to the motion. Review of Insurance Policies and Bonding Submitted by Executive Director for CRA Coverage and Consider Reimbursement of Costs as per the Employment Agreement. Mr. Hutchinson related that the City covered the Board members for Professional Errors and Omissions Insurance, Liability Insurance, and Bonding, but that he was not covered. He included copies of insurance binders and coverage quotes to the Board members in their packets. The employment contract states that the Board will reimburse the director for this insurance expenditure, upon approval. Risk Management and Legal both reviewed the insurance coverage documents and did not have any concerns. Legal Counsel made one comment and that was to insure that the CRA is Loss Payee for the policies and to note such with the binder check. Motion Mr. Fenton moved to approve reimbursement to Mr. Hutchinson for the Errors and Omissions, Liability Insurance, and Bonding insurance policies presented to the Board at this meeting, pursuant to Mr. Hutchinson's employment contract. Mr. Aguila seconded the motion that carried unanimously. Review of Equipment Purchase List for Computer and Related Systems, and Consider Approval Mr. Hutchinson presented the Board with a list of computer equipment and office supplies that was developed in conjunction with the City's Information Technology department. There are two computers with a high volume laser printer and a color ink jet printer. The systems will be linked together at the office and to the City's internal network system. Ms. Hoyland asked about maintenance and Mr. Hutchinson responded that Dell and the IT Department would give them a price on servicing the hardware and software and that this could be discussed at budget time. Motion Mr. DeMarco moved to approve the purchase of the listed hardware as requested. Fenton seconded the motion that carried unanimously. Mr. Office Space Package Review and Consider Approval of a CRA Office Location Mr. Hutchinson presented a number of office space options for the Board's consideration and the Board discussed the pros and cons of the various choices. 14 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida August13,2002 The Bank of America has finished space on the second floor and Chair Finkelstein will inquire as to the possibility of a lease for six to twelve months. In the meantime, Mr. Hutchinson was directed to expand hi."~;arch beyond the confines of Ocean and Federal in the hopes of finding a suitable place. Mr. Hutchinson demurred, citing the pressing and numerous duties of staff and requesting that the Board consider a shod- term lease for the space in the Bank of America building. He stated that this would give him an opportunity to get more staff. If the Bank of America space did not work for any reason, he would begin his search again. Motion Ms. Hoyland moved to give the CRA Director the authority to negotiate a shod-term rental for six months to a year that can be moved into within the next thirty days. The rental rate will be one that reflects fair market value. Mr. Fenton seconded the motion that passed. Consideration of Approval of CRA Director and Board Members to Attend the State CRA Conference in Jacksonville and Related Travel/food/lodging Expenses Mr. Hutchinson stated that the City Commission's travel policy could not be pulled in time but he worked with Legal Counsel and a motion at this meeting could set a per diem rate at $26.00 per day that would include food and refreshment. Direct costs for travel, the seminar fees, and the hotel would be reimbursed. He reiterated that this was to be an interim travel policy and that the Board could rework it at a later date. Motion Vice Chair Heavilin moved that the CRA adopt a one-time travel policy for $3, $6, and $12 for meals per diem. Mileage, hotel expenses, and seminar fees, will be reimbursed, plus applicable taxes. Mr. DeMarco seconded the motion that carried unanimously. IX. Other Items - None X. Public Audience - None XI. Adjournment Since there was no further business before the Board, the meeting was duly adjourned at 10:00 p.m. Respectfully submitted, Susan Collins Recording Secretary (081402) 15 MINUTES OF THE COMMUNITY REDEVELOPMENT AGENCY WORKSHOP HELD IN THE CITY HALL CHAMBERS, BOYNTON BEACH, Fl. ~' "'r)A ON SATURDAY, AUGUST 24, 2002 AT 9:00 A.M. Present Larry Finkelstein, Chairman Jeanne Heavilin, Vice Chair Alexander DeMarco Don Fenton Doug Hutchinson, CRA Director Absent Jos~ Aguila Michelle Hoyland Henderson Tillman I. Call to Order Chair Finkelstein called the workshop meeting to order at 9:00 a.m. II. Roll Call The Recording Secretary called the roll. III. Agenda Approval Mr. Hutchinson asked that the Board allow time for a short discussion with Susan Villhauer, an applicant for the position of Controller. The Board agreed with this addition to the agenda. IV. CRA Planning A. Proposed Budget and Funding Forecasting Mr. Hutchinson stated that of the 141 responses to the advertisement for a controller, 98% were bookkeepers and did not have experience with non-profit accounting, grant wdting and reporting requirements, financial statements, government reporting, working with non-profit boards, payroll, and budget forecasting. He introduced Susan Villhauer to the Board, stating that she had experience in all of these areas. He had previously sent information from Ms. Villhauer's resume to the Board members. Chair Finkelstein thought that the Controller would have to be bonded and insured. Ms. Villhauer expanded upon her background and experience and answered questions from the Board. Meeting Minutes CRA Budget Workshop Boynton Beach, Florida August 24, 2002 The Board had previously given Mr. Hutchinson the authority to recommend personnel that could be hired subject to the Board's approval. The consensus of the four Board members who were present was positive. Mr. Hutchinson will br;:., 3 finalized version of the employment contract to the Board at its next meeting. Budget Discussion Chair Finkelstein noted that they were gathered together to workshop on the budget from October 1, 2002 through September 30, 2003 and discuss some long-term planning issues in a five-year program. The Board discussed the details of the budget and received clarification from the Director on various points. Mr. Hutchinson provided the Board members with a four-page budget narrative that highlighted major items in the budget and provided insight as to their origination. Since this was the first budget as an independent CRA, Mr. Hutchinson sought the review and direction of the Board. Mr. Fenton inquired about a fiscal versus an annual budget and thought he had heard that the CRA had to have a fiscal budget. A discussion ensued on this topic. Chair Finkelstein stated that he believed the City not only wanted the CRA to be on a fiscal year budget, but also thought that State Statute required it. The Board's attorney did not agree with that. The Board had wanted to be on a calendar year basis to be more businesslike - to have profit and loss statements and balance sheets, rather than a sources and uses type of budget. It had also wanted to move to a more businesslike format of reporting system. Chair Finkelstein had asked the State Community Redevelopment Association to tell him how many CRAs were on fiscal years and how many were on calendar years and was waiting for their response. Mr. Hutchinson said that he had switched to a fiscal budget starting on October 1 due to the short timeframe. If the Board wished to switch to a calendar year in December, it could. Chair Finkelstein stated that the City had not entirely agreed with transferring their money to them. Mr. Hutchinson thought that having the Controller on Board and bonded, and having the financial software installed, should facilitate the funds transfer to the CRA on October 1. Mr. Hutchinson stated that in the future, small charts would be "blown up" prior to putting in the member's agenda packets. Mr. Hutchinson discussed the distribution list of the agenda packets (25) and it was decided that Ms. Payne would examine the list to see which ones were legally required and let the Board decide about the rest. INCOME The Board looked at the Income portion of the proposed budget. Mr. Hutchinson stated that the interest income on New Revenue was a "guesstimate" by staff. Chair Finkelstein asked about Year 2, Bond Proceeds for RiverWalk $3M. In his opinion, they were wasting $150K a year in interest holding on to the $3M for a year and not buying any real estate. He told the Director that he thought it should be paid off right away and turned into a Letter of Credit. This would mean that they still had access to $3M, but would not be paying interest on it. Chair Finkelstein's reason for asking the question Meeting Minutes CRA Budget Workshop Boynton Beach, Florida August,,24, 2002 was that under Year 2, Expenses, there was $90K to reissue $3M. Why would they want to spend $90K if they could just pull off their line of credit? Mr. Hutchinson stated that this was purely for budget purposes. If they did acquire enough properties b~. year, $90K would be the underwriting fee for the bond. The Board debated bonds versus Letters of Credit at length. Chair Finkelstein favored paying and in year two doing a $3M bond at a cost of $90K. The interest payment si bond matched the interest being paid now on the Letter of Credit - he did benefit to the bond. Mr. Hutchinson mentioned the issuance cost, which He used a rule of thumb for budgeting purposes to say that it would take a retire the principal amount of the bond because they were looking at the bo~ two years' time. second issue of the loan ~n for the see any be 4%. ,t 10% to in Mr. Hutchinson knew they were looking at assembling the properties but that anyone had a feel for how quickly the properties would be Finkelstein submitted that the CRA would have the $3M Letter of Credit if the current loan. And, their TIF income had tripled from when they took out ti properties they were buying would be capitalized in one year so they had en, income from TIF and the reserve balance to purchase everything without bond. Mr. Hutchinson agreed but pointed out that it would take $3M for th, and Phase One and Two of the Promenade and that this would put them He realized that the acquisition of properties could probably be handled in not think Chair 'oan. Any h annual out a [iverWalk :he edge. .~. Mr. Fenton stated that if they did go out for a bond, he did not want to be in of having only one bidder. Mr. Hutchinson thought that under the mechani~ being set up, including the budget forecast, this would not ha expenditures would be planned. Also, the Letter of Credit would buy them a were ince the TIF Projection Mr. Hutchinson stated that the TIF projection was what the City, Count3 districts had given them and were pretty firm numbers. The years beyor show moderately pessimistic numbers for TIF, as projected by the City. thought that if the western Industrial Park area were to be removed from would not substantially impact the CRA. ~d taxing one EXPENSES Chair Finkelstein remarked that the money for SEP IRA was not supposed after the first year, per Mr. Hutchinson's contract, and the contracts of hires. Mr. Hutchinson stated that that was in the salary figures now but thal waived, since this was the case. $13,250 would be removed in year one. goal was to have their contract employees become regular employees possible. When this occurred, it was possible that as regular employees they might be able to obtain coverage through the City's insurance; amounts for insurance were left in for budgetary purposes, just in case. in until ther new be ~e CRA's soon as CRA, the Mr. Hutchinson indicated that the CRA Statute called for CRA Plans to be pt updated. The Plan had been accomplished in part - the Heart of Boynton and the Federal Highway Corridor had been done. The Ocean District was being finished up by City Meeting Minutes CRA Budget Workshop Boynton Beach, Florida August24,2002 Staff. The next two areas that had to be updated during 2003 were the West Industrial Avenue area and the Boynton Beach Boulevard Corridor. They could pay City staff to do it like they did with the Ocean District for $25K, hire a consultant, or do it in-house. Chair Finkelstein stated that the CRA did not approve the Development Department doing the Ocean District. The Board asked to be relieved of the charge for the hours that were spent on that project. Chair Finkelstein had told Mr. Greene that a bid should go to outside parties to make sure that they were not overspending. They spent $10 - $15K on the Federal Highway Corridor and he did not see why they had to spend $25- 30K on the Ocean District. If the CRA undertook the Boynton Beach Boulevard Corridor, they should bid it out. Mr. Hutchinson stated that it could be done in-house. Chair Finkelstein stated that the Board wanted to do design guideline overlays for development on the Federal Highway Corridor and Boynton Beach Boulevard Corridor. The consensus was to hire a consultant to do it and go out for bid. The Board discussed office space. The projection was for $15/sq. ft. per year plus CAM. Nothing had been firmed up yet for a definite place. Chair Finkelstein asked about advertising and public notice. He understood that this would be for CRA-specific projects, not Planning & Development projects, and Mr. Hutchinson agreed. The projected amount was $4K. Mr. Fenton mentioned that the CRA might have to go out and get a new attorney and there would be some costs for that. Mr. Hutchinson said that would be part of the Public Notices. Chair Finkelstein asked about the amount of GALA. Mr. Hutchinson stated that this was an acknowledgment of the goal of starting to get some festivals for the downtown area. He thought that GALA might not occur and it might not happen in the first year because there was no place for it. Chair Finkelstein stated the Promenade was always supposed to become an event corridor. The budget item could also be for contributions towards events. Chair Finkelstein did not want checks to start going out the door once the budget were approved and thought that if specific programs were to be named, it would amount to a commitment on the part of the CRA. Mr. Hutchinson understood. Mr. Fenton suggested putting $40K under festivals and deleting the reference to GALA and the Board concurred. Chair Finkelstein questioned spending $40K on festivals. Mr. Hutchinson said that any requests would be brought before the Board for their approval. Vice Chair Heavilin asked if the figure for seasonal decorating would be in addition to the City's lighting budget. Mr. Hutchinson stated that in the CRA area, they needed to be proactive if they were redeveloping. He did not want to have to ask the City for money if they had to have the banners along the streets replaced with Christmas banners for the merchants, for example. Chair Finkelstein thought that this would be an issue for a Downtown Development Authority. The Board decided to put festivals, lighting events, seminars, and decorating, in one lump sum. Vice Chair Heavilin asked what Mr. Hutchinson was thinking of for seminars. Mr. Hutchinson said that when the CRA began to look at BODA and the Heart of Boynton, they might want to bring in retail specialists and other special speakers to do on-site 4 Meeting Minutes CRA Budget Workshop Boynton Beach, Florida August 24, 2002 seminars for local businesses on such topics as marketing their businesses and how to develop web pages. $100K was put in the budget for the Fa(;ade Grant Program in 2003, subject to approval of the CRA. Mr. Fenton asked if anyone had applied. Mr. Hutchinson stated that they now had two applications and some people waiting in the wings. They had to discuss where they were going to let that apply. People had inquired about the program on buildings that may be obsolete, and this meant that the design guidelines had to be put in place as soon as possible. The fa~;ade grant program was subject to their approval as a Board - it was not a given. The Board agreed that having a booth at the mall would be a good idea, when their brochure was ready. A discussion ensued about the term "venture capital" in the draft budget. The Board's consensus was that the term "venture capital" should be replaced by the term "revolving loan fund" or something similar. It could be put in with the economic incentive program also. The $175K in year 2 for the sign program was discussed. Mr. Hutchinson stated that he wanted to come in with a whole program for identification in the CRA but was not ready yet. Chair Finkelstein asked if this would include what the Board wanted to see, which was an entry marker at 1-95 and Boynton Beach Boulevard. Mr. Hutchinson replied that he was thinking of the Ocean District, the Marina, the Downtown Core, and the MLK Corridor, to develop some gateways rather than just wayfinding. The Board advised Mr. Hutchinson that they had a presentation from a professional who could do something for less. Chair Finkelstein thought that the line item should be changed to gateway features or markers or CRA identifications. The Board discussed the RiverWalk and Promenade and agreed that they wanted both done as far as design. They wanted to see a figure that reflected the design and architectural fees through construction bid documents for the project. The Board discussed whether it wanted to have an amount for consistent reserves like a percentage of TIF or some such number. The Board agreed that $750K would be a good target, with some dissension. The Board thought that the tentative budget before them was a great start and thanked Mr. Hutchinson for his efforts. PUBLIC AUDIENCE Herb Suss, citizen of Boynton Beach, asked if the CRA would participate in GALA this year. Chair Finkelstein understood that GALA would not take place this year. Mr. Suss thought that it would be good for the CRA to advertise its progress at City Hall in the Mall so people's excitement could be maintained. He expressed his excitement at the potential plans for the IMAX and RiverWalk area. Mr. Hutchinson commented that the 5 Meeting Minutes CRA Budget Workshop Boynton Beach, Florida August 24, 2002 CRA was looking at a newspaper article in cooperation with the City and possibly something with the Chamber of Commerce. Chair Finkelstein stated that the CRA had remarks in the Chamber's newsletter that goes out monthly to 30,000 to 40,000 people. Mr. Suss asked if they were coordinating their efforts with the Marina developers. He noted that the Marina developers would start to build in January. Chair Finkelstein mentioned that the developers come before the CRA for approval and would be coming back again. Mr. Hutchinson stated that the Marina developers meet weekly with City staff. Mr. Suss felt they should be working closely together. Mr. DeMarco commented that the presentation Dale Sugerman had made at the Economic Development meeting was excellent and would be shared with the public. The meeting adjourned at 10:45 a.m. Respectfully submitted, Susan Collins Recording Secretary (two tapes) (083002) 6 - B. Financial Report for August 2002. Beginning Detail Ending Year To 2001 12002 Balance Revenues Balance Date Expenses Budget August August August Totals Beginnin~l Fund Balance October 1, 2001 $3,989,703.00 $3,989,703.00 Revenues TIF Taxes $943,240.00 $945,684.00 $0.00 $945,684.00 ;,~torest Income (Equity Account) $35,000.00 $6,390.00 $0.00 $6,390.00 Interest Income (LGIP Account) $40,000.00 $23,714.00 $0.00 $23,714.00 Interest Income (Sun Trust MM) $0.00 $39,069.00 $10,030.00 $49,099.00 Fund Balance Appropriated $3,935,000.00 $0.00 $0.00 $0.00 Other Transfer approved by City Comm $1,274,162.00 $1,274,162.00 Total Budgeted Revenue $4,953,240.00 $2,289,019.00 $10,030.00 $2,299,049.00 Expenditures Personal Cost $158,669.00 $15,448.00 $8,161.00 $23,609.00 Salaries Doug Hutchinson $2,980.77 Doug Hutchinson $2,980.77 Gloria Buonacore $342.00 Gloria Buonacore $1,119.00 Car Allowance Doug Hutchinson $276.92 Health Insurance Dou~l Hutchinson $461.54 Professional Services- Legal Fees $25,000.00 $11,565.00 $0.00 $11,565.00 Professional Services - Staff Fees $25,000.00 $25,000.00 $0.00 $25,000.00 Professional Services - Audit Fees $350.00 $350.00 $0.00 $350.00 Mileage Reimbursement $2,400.00 $0.00 $0.00 $0.00 Business Meeting $950.00 $2,953.00 $810.00 $3,763.00 FRA Annual Conference Demarco $270.00 Heavilin $270.00 Finkelstein $270.00 Copy Machine Rental $4,000.00 $565.00 $0.00 $565.00 Office Rental $8,400.00 $0.00 $0.00 $0.00 Insurance - Errors & Omissions Liab. $0.00 $0.00 $2,995.00 $2,995.00 BD Cole Inc. Professional Lib $2,995.00 Computer Maintenance $8,400.00 $0.00 $0.001 $0.00 Printing and Binding $1,500.00 $2,224.00~ $1,448.001 $3,672.00 Bayard Advertisin~l A~lenc¥ Inc. $1,447.00 Advertising $2,500.00 $6,521.00 $0.00 $6,521.00 Other Contractual Services $35,000.00 $3,615.00 $9,859.00 $13,474.001 Anderson & Cart In. (Reese / Hall) $5,231.43 Quincy Johnson Architects (Promenade / Riverwalk ) $3,627.60 Evan Environmental ( Survey) $1,000.00 Licenses Fees & Permits $175.00 $175.00 $0.00 $175.00 Fa(~ade Program $50,000.00 $0.00 $0.00 $0.00i Office Supplies $600.00 $1,330.00 $200.00 $1,530.00 Doug Hutchinson $25.46 Office Depot $174.65 Membership $1,600.00 $315.00 $0.00 $315.00 Books, Publication, Videos $500.00 $159.00 $0.00 $159.00 Land Acquisition $3,726,971.00 $43,917.00 $0.00 $43,917.00 CRA Improvements $247,325.00 $0.00 $1,500.00 $1,500.00 Evan Environmental & Relax Inn $1,500.00 Computer Equipment $0.00 $0.00 $0.00 $0.00 Furniture & Fixtures $10,600.00 $0.00 $0.00 $0.00 Principal Payment $114,800.00 $59,702.00 $0.00 $59,702.00 Interest Pa~fment $214,500.00 $98,947.00 $0.00 $98,947.00 !Bond Issuance Expense $4,000.00 $0.00 $0.00 $0.00 Reserved for Future Approp. $300,000.00 $0.00 $0.00 $0.00 Total Budgeted Expenses $4,943,240.00 $272,786.00 $24,973.00 $297,759.00 Revenue over (under) Expenses $6,005,936.00 $14,943.00 $5,990,993.00 Review Relax Inn Contract and Conditional Items and Consider Approving Purchase and Direction to Set Purchase Closing date. Memo To: CRA Board Members From: Douglas Hutchinson - CRA Director Re: Relax Inn Purchase Date: 9/5/02 The following is information and recommendations for the Purchase of the Relax Inn. Detailed backup is attached. · The Environmental report gave a clean bill of health. · The CRA needs to exercise the Option Agreement with the Owner before September 22, 2002. · $20,000 will need to be placed in escrow and close within thirty (30) days. · Lindsey Payne's office will need to have a boundary survey performed and authority to provide closing services, including secudng title policies. · Coordinate the occupancy of the tenants with CRA and Closing. (several options will be presented by Jim Nardi) Page l of l Hutchinson, Douglas From: Jim Nardi [jnardi@theurbangroup.com] Sent: Tuesday, September 03, 2002 4:40 PM To: Hutchinson, Douglas Subject: RE: Relax-Inn to CRA Doug, I have received the official reports for the Environmental testing. You should have the report by tomorrow. As far as the wording for the Agenda, I believe the wording is fine, we need to present the following: 1. The Environmental report gave us a clean bill of health. 2. We need to exercise the Option Agreement with the owner before September 22, 2002. 3. Once we exercise the option we need to place $20,000 in escrow and close within thirty, (30) days. 4. To close, Lindsay Payne's office will need to have a boundary survey performed and authority to provide closing services. 5. I meet with the property owner tomorrow to discuss the occupancy of his tenants, (relatives), I believe he may be looking for extended occupancy beyond our closing, Once I hear his position I'll make a recommendation to you ASAP and then then to the Board. This should do it for the Board's review and approvals. One other request, I have not invoiced the Board for my time for any Board meeting to date. In the past, I have been placed on the Agenda prior to the public hearings. If we could continue this arrangement I can minimize my time at the meetings and be able to report to the Board in a brief period and at little or no expense. Please let me know if this can be arranged. Thanks, Jim ..... Original Message ..... From: Hutchinson, Douglas [mailto:HutchinsonD@ci.boynton-beach.fl.us] Sent: Tuesday, September 03, 2002 3:40 PM To: 'Jim Nardi' Subject: RE: Relax-Inn to CRA Jim Please send me the information for the CRA board to approve for the Relax Inn purchase and your findings on the sample wells. I need this by Thursday AM to be put in the Board packages. Attached is the draft agenda for your review of the item wording.., need any changes ASAP. Thank you. Doug 9/3/2002 September 3, 2002 HAND DELIVERED Mr. Douglas Hutchinson Director, Community Redevelopment Agency 100 East Boynton Beach Boulevard Post Office Box 310 Boynton Beach, Florida 33425-0310 RE: Task Authorization No. CRA-01 Due Diligence Proposal - Boynton Lodge, Inc. alk/a Relax Inn Dear Mr. Hutchinson: The Urban Group, (TUG)is now in receipt of the Phase II Environmental Site Assessment report for the above-cited property. Enclosed please find a copy of this report with the associated original invoice. The Phase II, identifies the subject site clear of any recognized environmental condition and EE&G recommends no further testing. Based on EE&G's recommendation and the supporting data in their report, TUG concurs with the course of action outlined by EE&G. Furthermore, based on the results of this report TUG recommends the Board's approval to exercise the option agreement and close this transaction. Should you wish to discuss this any further you may reach me at (888) 522-6226, extension 127. Sincerely, THE URBAN GROU/~/~NC. Jim Nardi Project Manager without enclosures cc: Dale S. Sugerman, The City of Boynton Beach Quintus L.. Green, The City of Boynton Beach Howard W. Steinholz, The Urban Group, Inc. Barry S. Lazarus, The Urban Group, Inc. The Urban Group, Inc. · 1424 South Andrews Avenue · Suite 200 · Fort Lauderdale, Florida 33316 TELEPHONE 954-522-6226 · FAX 954-522-6422 EE~G: Limited Phase II Environmental Site Assessment August 2002 ! I ! I 1 I I I I 1 i SECTION 3.0 CONCLUSIONS AND RECOMMENDATIIONS 3.1 CONCLUSIONS Based on interpretation of the Limited Phase II ESA findings, the following conclusions have been made: Groundwater samples collected from GP-1, located in proximity to the Exxon gasoline facility to the west, did not reveal the presence of detectable concentration of VOA or PAH parameters above the GCTLs during analytical procedures. Groundwater samples from GP-2 and GP-3 did not reveal the presence of detectable concentrations of VOH parameters above the GCTLs during analytical procedures. 3.2 RECOMMENDATIONS Based on the Limited Phase II ESA findings, the analysis of groundwater samples collected from Geoprobe points GP-1, GP-2, and GP-3 did not reveal the presence of tested parameters above the laboratory method detection limit, indicating that RECs identified in the Phase I ESA were not reflected in analysis of the samples collected. This Limited Phase II ESA did not reveal results that warrant additional investigation based on the information available at this time. However, environmental conditions may still exist at the property that could not be identified through the scope of either investigation. 4 PHASEIIDOC FACSIMILE TRANSMISSION 1424 SOUTH ANDREWS AVENUE SUI'I*E 200 FORT LAUDERDALE, FLOR/DA 33316 PHONE NUHBER (954) 522-6226 FAX NUMBER (954) 522-6422 DATE: TO: June 25, 2002 DOUG HUTCHINGSON FACSIMILE NUMBER: FROM: SUBJECT: NUMB, ER OF PAGES, INCLUDING THIS COVER SHEET: COMMENTS (561) 742-6298 Jim Nardi E-MAIL: jnardi~theurbangroup.com Option Contract/Survey Contract 16 Please Note: The information in this facsimile transmission is intended only for the personal and CONFIDENTIAL use of the designated recipient(s) named above. II* Tile READER OF TI]IS FACSI1V[ILE IS NOT TI:IE INTENDED RECIPIENT, you are notified that you have received this document in error, and that any review, dissemination, distn~ution or copying of this transmission is strictly prohibited, ff you have received this transmission in error, please notify this office immediately via telephone at (954) 522-6226, ext. 110. We will provide you with instructious on disposal of this message. Thank You, If you have any transmission problems or questions, please call (954) 522-6226, extension 110. HP Office/et Personal Printer/Fax/Copier Fax Log Report Jun-25-02 12:03 PM 15617426298 Reault OK ~ Tv~ 16 Sent Dat© Timo $un-25 11:55A Duration ~ 00:07~18 002181130020 OPTION A C',R I~.~'.M'D. NT ~s ~6on A~eement for ~ '~h~e ~d "A~ment'), is ~de ~ enter~ ~to ~ of ~e ~ . day of M~y ,2~, by ~d ~n ~E ~AN GRO~, ~C., ~ agent for ~ uM~clos~ pr~ciple or i~ ~si~ ~ere~Rer refe~ to ~ "Buyer) ~ Bnyntnn I .~? Ina ~ere~Rer refe~ ~ "Seller"). h comideration of ~e mu~ a~men~ set fo~ ~low, ~e p~i~ a~ee ~ fo~ows: 1.0 Definitlo~q. ~e foHow~g tern when m~ ~ ~ A~ment sh~ have ~e fo~ow~g mings: 1.1 ~. U~clo~ p~iple, at this ~e, ~ ~~ GRO~, ~C. is ~e au~o~ agent for ~e ~los~ p~le. 1.2 ~. ~e deliveu of ~e D~ m ~yer ~nc~enfly wi~ ~e de~veu of ~e ~c~e ~ m ~er. ~. ~e ~te of ~e Cl~g ~ dete~i~ ~ a~ord~ce wi~ 1.3 Paragraph 10 below. 1.4 Property from Seller to Buyer. 1.5 Effeclilce_Da~. to sign it. Deed. One (1) Statutory General Warranty Deed which shall convey the The date that this Agreement is executed by the last party 1.6 C.~nv~rnmental Anthority. Ally federal, state, county, municipal or other governmental department, entity, authority, commission, board, bureau, court, agency or any instrumentality of any of them which has jurisdiction over the Property. 1.7 C'~nve~-nmental R~miro~ent. Ally law, enactment, statute, code, ordinance, rule, regulation, jud~tnnent, decree, writ, injunction, franchise, permit, certificate, license, authorization, agreement, or other direction or requirement of any Governmental Authority now existing or hereafter enacted, adopted, promulgated, entered, or issued applicable to' the Property, or to any appurtenances, structure, use or facility, on or adjacent to, the Property. 1.8 Optlr~n Aer.~ntanco. Date. The date upon which the Buyer notifies Seller that Buyer intends to exercise the o~fion granted by this Agreement in accordance with Paragraph 2.2 below. 1.9 Optlnn F..xpiratinn Bate. One Hundred Twenty (120) days after the Effective Date, or sooner as described hereinafter. Pagel ~ ~ 1.10 pr,~ne, rtv. That certain real property located in the City of Boynton Beach, Palm Beach County, Florida,'and more particularly described as parcel on Exhibit "A' attached hereto and 'made a part hereof, together with all improvements, property rights, easements, privileges and appurtenances thereto. 1.11 Purehase_Pr-~. The price the Buyer shall pay the Seller for the Property as more fully set forth in Paragraph 3 below. 1.12 Sellex. For purposes of this Agreement, the Seller for the Property. 1.13 Title (?t~mmitment. A rifle insurance commitment issued by or written on the Title Company, agreeing to issue the Title Policy to Buyer upon payment of the Purchase Price and recording of the Deed and execution and recording (if applicable) of other closing documents. 1.14 Titlo. Cnm?ny. The title insurance company, liceused and authorized to conduct business in the State of Florida as selected by Buyer. 1.15 T3fle_Eolicy. An ALTA Form B Owner's Title Insurance Policy in the amount of the Purchase Price, insuring Buyer's rifle to the Property; subject only to the Permitted Exceptions. 2.0 2.1 For good and valuable consideration of One ~ Dollars ($1,000.00), · in hand paid by Buyer to Seller, Seller hereby grants to Buyer and Buyer hereby accepts from Seller an option to purchase and acquire the Property from Seller on the terms and conditions hereinafter set forth such that the payment of the Purchase Price shall be as set forth in Section 3.0. Buyer shall also place a refundable deposit of tw~ty th,~n.,~ (~ 9o.~ flo ) Dollars with THE URBAN GROUP, INC. who shall place the deposit in an interest-bearing account in a financial institution located in Broward County within two (2) days after receipt of the deposit. The deposit shall be tendered by Buyer within five (5) days of the effective date of this Agreement. 2.2 Buyer shall be obligated to give Seller notice within One Hundred Twenty (120) days of the Effective Date, that Buyer has elected to exercise the option and close in accordance with this Option Agreement. Whereupon, Seller shall be obligated to provide to Buyer all prior rifle policies and surveys in its possession pertaining to the subject real property. 2.3 Upon exercise of the option, Buyer shall place a second deposit of twenty. thousand.~ ($ '~.O.OflO fl~l) Dollars with THE URBAN GROUP, INC. 2.4 If Buyer does not exercise this Option in accordance with its terms and within the Option period, this Option and the fights of Buyer shall automatically and immediately terminate without notice and the parties shall automatically'be released from further liability hereunder. In the event Buyer fails to exercise this Option, Seller shall retain the sum paid as consideration for this Option, subject to the terms, conditions, and provisions hereof. The total Purchase Price for the Property to be purchased by the The 3.0 undisclosed principle, from the Seller, is the sum of Sqoo.~cn on DOLLARS. purchase shall be contingent upon the following. 3.1 Approval of the Option Agreement by the Buyer on or before ~ _____May_23, 2002. 3.2 Approval of the Buyer to exercise the Option within One Hundred Twenty (120) days of the Effective Date. 3.3 Buyer's receipt of an ar~ '· · ue equal to or exceeding the purchase price. 3.4 The Buyer's obligation to close on the Property is contingent on Buyer acquiring the parcel for the sum total of tdne hnnar~ thon~nd DOLLARS, (Purchase Price). 3.5 Buyer's obligation to consummate the transaction referenced herein is contingent on the Seller's conveying the real property free and clear of all liens, leases, claims and interest of third parties. 4.0 ln.qm~.tlonn, Buyer shall have until "option acceptance date", which shall be One Hundred Twenty (120) days from the effective date as defined in 1.5, to make any inspections it deems necessary. (the 'Inspection Period"). During the Inspection Period, Buyer may determine that the Property has adequate services available and that all Federal, State, County and local laws, rules and regulations have been and are currently being complied with relative to the Property. This Agreement is contingent upon Buyer, at its sole cost and expense, obt_aining and accepting a satisfactory Phase I Environmental Audit and an asbestos survey which may include sampling of the property. Seller consents to all sampling that may be required to complete the asbestos survey. In the event that the Phase I Environmental Audit reveals the existence or the potential existence of contamination, hazardous conditions, hazardous waste or other adverse conditions as defined by applicable Federal and State Statutes, Rules and Regulations, then Buyer shall have the right of obtaining a Phase lI Audit of the property. Ia the event that any inspections and any review of documents conducted by the Buyer relative to the Property during the period prior to the Option Expiration Date prove unsatisfactory in any fashion, the Buyer, at its sole discretion, shall be elltitled tO terminate this Agreement by providing written notice to Seller and receive an immediate refund of all deposits plus interest paid hereto or proceed to closing as set forth herein prior to the Option Expiration Date. 5.0 ~.videneo. of Title. 5.1 Delivery. of Title. Commitment. Within twenty (20) calendar days of the Buyer's exercise of the Option, Buyer shall obtain a Title Commitment, at Buyer's cost, and shall deliver a copy of the Title Commitment to Seller's attorney within three (3) days of receipt of the title commitment. Page 3 5.2 Marketable Title. Seller shall convey marketable title to the Property, subject to the Permitted Exceptions. Marketable Title shall be determined according to the Title Standards adopted by authority of The Florida Bar and in accordance with law. Buyer shall have ten (10) days from the date of receiving the Title Commitment to examine same. If title is found defective, Buyer shall within ten (10) days of receiving the title commitment notify Seller in writing of any specific title defects. If Seller has not received written notice from Buyer of a title defect, Buyer shall waive any title objections, and accept the title in its existing condition. The Buyer's notice of the rifle defects shall include a statement of how the defects should be cured. If said defects render rifle unmarketable (other than encumbrances that would otherwise be paid at closing), Seller shall have fifteen (15) days from receipt of notice within which to remove said defects, providing that Seller shall not be obligated to spend more than $20,000.00 or initiate litigation in order to cure or correct any noticed title defect; and if Seller is unsuccessful in removing such defects within said time, Buyer shall have the option of either accepting the title in its existing condition without a reduction of the Purchase Price, or of terminating this Agreement by sending written notice of termination to Seller within ten (10) days after being notified by Seller that Seller .was unsuccessful in removing such defect(s). Upon the termination of this Agreement, neither Buyer nor Seller shall have any further fights or obligations hereunder except as provided in this Agreement. Seller agrees that if title is found to be unmarketable, Seller will use diligent efforts to correct all defects in rifle, within the time provided therefore, and subject to the limitations stated above. 6.0 S)~rvey. Within ten (10) days of the exercise of the Option, Buyer may obtain at its expense a survey (the "Surwey") of the Property showing all improvements thereon prepared by a land surveyor or engineer registered and licensed in the State of Florida. The Survey shall show the legal description of the Property to be the same as Exhibit "A" attached hereto. The Buyer may require any reasonable revision to the legal description so long as any such revision does not result in Seller being required to convey any lands or rights other than those described to be within the Property described on Exhibit "A" attached hereto. Any objections must be delivered to Seller's attorney within the twenty (20) days of Option Acceptance Date. 7.0 ?~.ller'.q t~e?re.e~.ntatinn. Seller hereby represents and warrants to Buyer as of the Effective Date and as of the Closing Date as follows: 7.1 ,qo. ll~r'~ Anthnrltv. Seller has legal right and ability to sell the Property pursuant to this Agreement. The exertion and delivery of this Agreement by Seller and the comummation by Seller of the transaction contemplated by this Agreement is within Seller's capacity and all requisite action has been taken to make this Agreement valid and binding on Seller in accordance with its terms. 7.2 l~,al.3t~. The execution by Seller of this Agreement and the consummation by Seller of the trartqaction hereby contemplated does not, and on the Closing Date will not, result in a breach of, or default under, any indenture, agreement, lease, instrument, pending guardianship, obligation or the agreement of limited partnership, limited partnership certificate or related instnm~ents affecting the Seller, to which Seller is a party and which affects all or any portion of the Property, or to Seller's knowledge, constitutes a violation of any Governmental Requirement. Page4 7.3 Nc~ Default. Seller is not in default under any indenture, mortgage, deed of trust, loan agreement, lease or other agreement to which Seller is a party and which affects any portion of the Property. 7.4 Title. Seller is the owner of marketable title to the Property, free and clear of all liens, encumbrances and restrictions of any kind, except the Permitted Exceptions and encumbrances of records which will be paid at Closing. 7.5 l.ltigntinn. There are no actions, suits, proceedings or investigations pending or, to the knowledge of Seller, threatened against Seller or the Property affecting any portion of the Property. 7.6 Partie_q in Pon.q~.qinn. There are no parties other than Seller in possession ~ of any portion of the Property as a lessee with the exception of k.ca.,,~:~.,,~ , tenant at .sufferance, .. or trespasser, hereinabove .set fora in connection wi.th the current use of the Propeay. Seller may allow use by others during term of Option Agreement, but Property shall be vacant at time of closing. Seller shall be obligated to insure that any lease presently in effect, as of the date of this Agreement shall be terminated by providing lawful notice to the tenants and obtaining the possession of the property defined in Section 1:10 herein. 7.6 Fh~yer'n Remaedlen fnr ,qell~r'n Mi.qre?re~entntinns, Ill the event that Buyer becomes aware prior to Closing that any of Seller's warranties or representations set fora in this Agreement are not true on the Effective Date or any time thereafter but prior to Closing, and in the event Seller is unable to render any such representation or warranty tree and correct as of the Closing Date, Buyer may either: (a) terminate this Agreement by written notice thereof to Seller, in which event the parties will be relieved of all further obligations hereunder; or (b) elect to close under this Agreement notwithstanding the failure of such representation and warranty, in which event the Closing shall be deemed a waiver by Buyer of the failure of such representation and wammty. 8.0 Th~ver'.q 1;t~nre,.~.ntatitm.q.The Buyer hereby represents and warrants to the Seller as of the l~ffecfive' Date and as of the Closing Date that Buyer has full and complete authority subject to laws applicable to Buyer, to purchase the Property and to comply with the tern of this Agreement, and the execution and delivery of this Agreement by Buyer and the consummation by Buyer of the transaction hereby contemplated are within Buyer's capacity and all requisite action has been taken to make this Agreement valid and binding on Buyer in accordance with its terms. 9.0 Cnnditinn.q Prevalent tn C. lnning, Each of the following events or occurrences (the 'Conditions Precedent') shall be a Condition Precedent to Buyer's obligation to close this transaction. If the Conditions Precedent have not been satisfied on or before the Closing Date, Seller shall have ten (10) days within which to satisfy the unsatisfactory condition and should Seller not have done so within said 10-day period, Buyer shall have the right to either (a) terminate this Agreement by giving notice thereof to Seller, whereupon Buyer and Seller shall be relieved of all further obligations under this Agreement; or (b) waive the condition and close. Page5 ~~ 9.1 R?re~entntinn.~. The material representations and warranties made by Seller in this Agreement shall be true and correct on the Closing Date subject to the 10-day extension provided in Paragraph 9 above. 9.2 ,qeller'n Ohligntinnn~ Seller shall have performed all covenants, agreements, and obligations and complied with all conditions required by this Agreement to be performed or complied with by Seller prior to the Closing Date. 9.3 The Property shall be free and clear of any persons, tenants, improvements of any kind or related appurtenances on the Closing Date. In the event Seller is unable to satisfy this representation, the Buyer shall have the option to extend the closing for thirty (30) days to insure that the Property is vacant. 9.4 Seller shall make available (at Seller's office or Seller's attorney's office) .to Buyer no later than twenty (20) days following the Effective Date of this Agreement, copies of all documents which Seller may have in its possession pertaining to the Property including, but not limited to, building plans, architectural plans, building permits, impact fee assessments, notices of special assessments, notices of sewer fees and water fees, unrecorded restrictive covenants, variance applications/approvals, special exception application/approvals, engineering plans, unrecorded developer agreements, environmental reports, surveys and prior rifle insurance policies, title commitments, and title exceptions pertaining thereto. 9.5 Seller has no actual knowledge nor has it received any written notice that there has been any discharge of hazardons material at the Property. As used herein, the term "Hazardous Material' shall mean any substance, water or material which has been determined by any state, federal or local government authority to be capable of posing a risk of injury to health, safety and property, including, but not limited to, all of those materials, wastes and substances designated as hazardous or toxic by the U. S. Environmental Protection Agency, the U. S. Department of Labor, the U.S. Department of Transportation, or any other state or local governmental agency now or hereafter authorized to regulate materials and substances in the environment (collectively ~Governmental Authority(ies)~). Seller acknowledges that Buyer must rely on its Environmental repons and assessments as Seller is not aware of Property's environmental condition other than as stated above. 9.6 Seller shall continue to possess the property until closing and shall maintain the same in its present condition, reasonable wear from ordinary use excepted. Risk of loss from fire, casualty, or other liabilities not caused by the Buyer's gross negligence or intentional acts, shall be Seller's until closing. Seller shall maintain adequate insurance against loss, including extended coverage, during such period. If the property is damaged by fire or other casualty prior to the exercise of this Option or after the exercise of this Option but prior to closing, Buyer shall have the right to take the property 'as is' together with insurance proceeds, if any, or receive a reduction in the purchase price of the property in an amount equal to the loss. The parties shall agree to the reduction, if any, but ff the parties cannot agree upon the amount of loss, an independent appraiser/adjuster shall be selected whose determination shall be binding. The cost of the appraiser/adjuster shall be borne equally by the parties hereto. Page6 10.0 Clo.qing. The Closing shall occur at a mutually agreed time on or before thirty (30) days from Option Agreement Acceptance Date and shall take place at a mutually agreed upon location. 11.0 ,Relle. r'.q (21n.qing Dc~nment.q. At closing, Seller shall deliver the following documents ("Seller's Closing Documents") to Buyer: 11.1 (_jeneral Warran? Deed. The Statutory General Warranty Deed shall be duly executed and acknowledged by Seller so as to convey to Buyer good and marketable fee simple tire to the Property free and clear of all liens, encumbrances and other conditions of rifle, other than the Permitted Exceptions and exceptions not duly objected to by Buyer. 11.2 Mechanie.'.q I.i~.n Affidavit. A mechanic's lien affidavit in the cllstomary form, attesting that (a) no individual, entity or Governmental Authority has any claim again.qt the Property under the applicable mechanic's lien law, (b) no indi. 'vidual, entity or Governmental Authority is either in possession of the Property or has a promissory interest or claim in the Property (except Buyer), and (c) no improvements to the Property have been made for which payment has not been made. 11.3 Gap Affidavit, An affidavit in form and content reasonably satisfactory to the Tire Company to facilitate the insuring of the 'gap', i.e., the deleting as an exception to the Title Commitment any matters appearing between the effective date of the Title Commitment and the effective date of the Title Policy. 11.4 FIRPTA. A FIRPTA Non-Foreign Entity Transferor Certificate or Exemption Certificate or document evidencing withholdings, in accordance with Section 1445 of the Internal Revenue Code. 11.5 Dl~-21o. A DR-219 Form as required for recording. 12.0 gh~yer'.q C~ln.qlng Dnca~mernt.q. At closing, Buyer shall deliver the following documents (Buyer's Closing Documents) to Seller; 12.1 Apprnval. Written documentation of Buyer's authority to purchase the 13.0 {'~lo.qlng Prcwednre.. The Closing shall proceed in the following manner: 13.1 Tran.qfer of gnndn. wire transfer to the account of Seller. Buyer shall pay the Purchase Price to the Seller by the Buyer. 13.2 Delivery nf l'~oenm~nm. Seller shall deliver Seller's Closing Documents to 14.0 Clneing C'n,qt.q, Tare.q, Prnratinn~ and Impact 14.1 Ad Vnlnrem Tnxe_q. Seller shall comply with Section 196.295, Florida Statutes, with respect to the payment of prorated ad valorem taxes for the year of closing into escrow with the Palm Beach County Revenue Collector. 14.2 ,qeller'.q C. lr~.qing Co.qts. Seller shall pay for the following items prior to or at the time of Closing: Cost of providing marketable title as provided herein; documentary stamps on the Warranty Deed. 14.3 Bnyer'.q C.l~xqing Casts. Buyer shall pay for the following items prior to or at the time of Closing: Recording of Deeds; title., insurance premium; survey costs, appraisal costs, Phase I, Phase H (if applicable), Environmental Assessment Report costs and related expenses. 15.0 pn.q.q~,_q.qinn. Buyer shall be granted full possession of the Property at Closing. 16.0 {?nndemnatiort. In the event of the institution of any proceedings by any Governmental Authority which shall relate to the proposed taking of any portion of the Property by eminent domain prior to Closing, or in the event of the taking of any portion of the Property by eminent domain prior to Closing, Seller shall promptly notify Buyer and Buyer shall thereafter within fifteen (15) days after receipt by Buyer of the notice from Seller either (1) terminate this Agreement, whereupon Seller and Buyer shall be released of all further responsibility and obligations hereunder; or (2) proceed to close this transaction. Seller hereby agrees to furnish Buyer with written notice of a proposed condemnation within five (5) business days after Seller's receipt of notification. Should Buyer terminate this Agreement, the parties hereto shall be released from their respective obligations and liabilities hereunder. Should Buyer elect not to terminate, the parties hereto shall proceed to Closing and Seller shall assign all of its right, title and interest in all awards in connection with such taking to Buyer. 17.0 ~,lr~tic,.. Notices shall be in writing delivered by hand, or by certified mail, return receipt requested, or overnight delivery by nationally recognized service, to the addressee at the address set forth herein, or by facsimile transfer, and shall be deemed to have been delivered on the date of receipt of such notice, if hand-delivered, or, if mailed, on the date the receipt for which the certified mail is signed or refused, by the addressee or its authorized agent or employee, or if by facsimile uansfer, by confirmation of transmission. Either party may change the address for notice to that party by delivering written notice of such change in the manner provided above, such change to be effective not sooner than ten (10) days alter the date of notice of change. If either party relies upon a hand delivery as described herein, then the party using this medium shall maintain an appropriate receipt of delivery, in the normal course of business. BUYER: SELLER: THE URBAN GROUP, INC. 1424 S. Andrews Avenue, Suite 200 Fort Lauderdale, FL 33316 As authorized agent for the undisclosed principle BOYNTON LODGE, INC. Mr. Anil B. Patel 222 North Federal Highway Boynton Beach, Florida 33435 18.0 De~fianlt If the Buyer shall fail or refuse to consummate the transaction in accordance with the terms and provisions of this option agreement, all deposits and interest shall be forfeited to Seller as agreed upon liquidated damages. In the event of such default by Buyer, Seller's sole and entire remedy shall be restricted to retention of the deposit pins all accrued interest, if any, and Buyer shall have no other responsibility or liability of any kind to Seller by virtue of such default. In the event of a default by Seller, the Buyer shall have all remedies available to it which shall include the return of the earnest money and accrued interest as liquidated damages and/or equitable relief such as specific performance. The Buyer should be entitled to equitable relief to enforce the terms and conditions of this agreement either through a decree for specific performance or injunctive relief. 19.0 19.1 Ccmnte~artg. This Agreement may be executed in any number of cotmterpam, any one and all of which shall constitute the contract of the parties. The paragraph headings herein contained are for the purposes of identification only and shall not be considered in construing this Agreement. 19.2 Arr~ndment. No modification or amendment of this Agreement shall be of any force or effect unless in writing executed by both Seller and Buyer. 19.3 Att~rnev.~' 1~. If any party obtains a judgment against any other party by reason of breach of this 'Agreement, attorneys' fees and costs shall be included in such judgment. 19.4 C',overning I ~w. This Agreement shall be interpreted in accordance with the laws of the State of Florida, both substantive and remedial. 19.5 l~ntir~. A~m'~ment, This Agreement set forth the entire agreement between Page 9 ~ Seller and Buyer relating to the Property and all subject matter herein and supersedes all prior and contemporaneous negotiations, understandings and agreements, written or oral, between the parties. 19.6 ~nmpntntlnn nf Date~. If any date computed in the manner herein set forth falls on a legal holiday or non-business day or non-banking day, then such date shall be extended tot he first business day following said legal holiday or non-business day or non- banking day. 19.7 Time in nf the ]~.qsenee. Time is of the essence and failure of the Buyer to exercise the option granted hereby on or before the Option Acceptance Date shall cause this Agreement to terminate and be of no further force or effect. The provisions herein contained shall be strictly construed for the reason that both parties intend that all time periods provided for in this Agreement shall be strictly adhered to. 19.8 Nln R~enrrllng. This Agreement or any notice or memorandum hereof may not be reCOrded in the public records of any county in the State of Horida. 19.9 Nln ltrnkers. Seller and Buyer each represent to the other that it has not dealt with any commissioned broker, salesperson or agent in connection with the execution and delivery of this Agreement, and the other party shall not be required to pay any commission whatsoever with respect to this Agreement resulting from the actions of the party making such representations. Seller and Buyer each indemnify and hold each other harmless from and against any and all losses, costs, damages, liabilities and expenses (including without limitation, reasonable attorneys' and paralegal fees) resulting from a breach by the indemnifying party of the foregoing representation. 19.10 Aee~tnnce nf Bt,ed. The acceptance of the Deed by Buyer shall be deemed full performance and discharge of every agreement and obligation on the part of Seller to be performed pursuant to this Agreement, except those which are specifically stated to survive delivery of the Deeds and closing. 19.11 lntemr~tntlnn. Should any term or provision of this Agreement be subject to judicial interpretation, it~ agreed by Seller and Buyer that the court interpreting or construing the same shall not apply a presumption that the term or provision shall be more strictly construed against the party who itself or through its agents and attorneys of each party have participated in the preparation of the terms and provisions of this Agreement and that all terms and provisions have been negotiated. 19.12 Captinrt'L l-lendings. ~ta_ Captious, headings, section and subsection numbers in this Agreement are for convenience and reference only, and shall have no effect upon the meaning of any of the terms or provision herein. 19.13 Waiver. Failure of either party to insist upon compliance with any term or provision hereof shall not constitute a waiver thereof, and no waiver of any term or provision of this Agreement shall be effective unless it is in writing and signed by the party against whom it is asserted. Any waiver of any term or provision of this Agreement shall only be applicable to the specific term or provision and instance to which it is related, and shall not be deemed to be a continuing or future waiver as to such term or provision or as to any other term or provision. 19.14 No Third Par~y Renefieiary. The terms and provisions of this Agreement are for the exclusive benefit of Seller and Buyer, and not for the benefit of any third party, and this Agreement shall not be deemed to have conferred any rights, express or implied, upon~any third party. 19.15 RADC~N GA,g: Radon is a naturally occurring radioactive gas that, when it has accumulated in a building in sufficient quantifies, may present health risks to persons who are exposed to it over time. Levels of radon that exceed federal and state guidelines have been found in buildings in Florida. Additional information regarding radon and radon testing may be obtained from your county health unit. IN WITNESS WHEREOF, the parties have executed this Agreement as of the date indicated below. (Prat Nam( THE URBAN GROUP, INC. as agent for (Print Name) Date Executed: ~ 23 :zoo ! (Print Name) Date Executed: ~ - ~ %- o2_ Page 11 EXHIBIT "A" Folio # 084345-27-02-000-0010 Funlc Brothers 14 Addition Lots 1 and 2, less Right of Way, (as per Warranty Deed dated April 3, 1990) Page 12 Addendum to Contract for Purchase The Urban Group~ Inc from Bo~nton Lodge Inc. Section 1031 Transaction: Boynton hereunder desires to exchange, for other property of like kind and qualifying use within the meaning of Section 1031 of the Internal Revenue Code of 1986, as amended, and the Regulations promulgated thereunder, fee title in the property which is the subject of this contract. Boynton expressly reserves the right to assign its.rights, but not its obligations, hereunder to a Qualified Intermediary as provided by IRC Reg. 1.1031 (k)- l(g) (4) on or before the closing date. Date: 2002 The Urban Grou~, Date: May t~J-, 2002 Boynton Lodge, Inc. Seller C) o~ DEVELOPMENT DEPARTMENT MEMORANDUM NO. PZ 02-136 SITE PLAN REVIEW STAFF REPORT COMMUNITY REDEVELOPMENT AGENCY AND CITY COMMISSION August 16, 2002 DESCRIPTION OF PROJECT Project Name/No.: The Harbors / NWSP 02-012 Property Owner: SCHGAI, Inc. Agent: Jennifer Morton with Land Design South Location: 2300 North Federal Highway Current Land Use: Local Retail Commercial (LRC) Proposed Land Use: Special High Density Residential (SHD-20 du/ac) Current Zoning: Community Commercial (C-3) Proposed Zoning: Infill Planned Unit Development (IPUD) Project size: Site Area: Pervious Area: Lot Coverage Area: Number of units: Gross Density: 3.2089 acres (139,778 square feet) 1.45 acres (45.2%) 42,824 square feet (16.6%) 54 dwelling units 16.82 dwelling units per acre Adjacent Uses: (see Exhibit "A" - Location Map) North: To the northeast, developed (Las Palmas) single family homes classified Low Density Residential (LDR - 4.84 du/ac) and zoned R-l-AA Single Family Residential and to the northwest, developed commercial (gas station) classified Local Retail Commercial (LRC) and zoned C-3 Community Commercial. South: Vacant land, currently being developed as the Intracoastal Park, designated Recreational (R) and zoned REC Recreation. East: Right-of-way of the Intracoastal Waterway West: Rights-of-way of U.S. 1 and the Florida East Coast Railroad, farther west developed commercial property classified Local Retail Commercial (LRC) and zoned C-2 Neighborhood Commercial. Proposal: Centex Homes proposes to construct 54 fee-simple townhouse units on 3.21 acres. All site development is proposed to occur in one phase. This request for site plan approval will be contingent upon the approval of the land use amendment / rezoning application (LUAR 02- 005) and corresponding master plan, which is being processed simultaneously. Site Characteristics: The subject property is a long rectangular-shaped lot located on the east side of U.S. 1, perpendicular to Gateway Boulevard. The parcel is currently developed with a restaurant / Page 2 The Harbors Site Plan Review Staff Report f~i~morandum No. PZ 02-136 Concurrency: a. Traffic- b. Drainage- Driveways: Parking Facility: Landscaping: nightclub (Caf~ La Notte) and its respective parking areas. The restaurant includes a "tiki" bar and swimming pool located on the eastern portion of the property near the Intracoastal Waterway. According to the survey, an existing wood deck and a portion of a "covered dining area" are located outside the subject property line. This covered dining area overhangs onto the subject parcel. It is staff's understanding that this covered dining area will be demolished during the construction of the townhomes. A traffic statement for this project was submitted and sent to the Palm Beach County Traffic Division for their review and approval. The Palm Beach County Traffic Division determined that the project meets the Traffic Performance Standards of Palm Beach County. Conceptual drainage information was provided for the City's review. The City's concurrency ordinance requires drainage certification at time of site plan approval. The on-site drainage system will consist of a series of catch basins and exfiltration trenches, which will direct runoff to the Intracoastal Waterway via an existing 24-inch wide reinforced concrete pipe. The Engineering Division is recommending that the review of specific drainage solutions be deferred until time of permit review, when more complete engineering documents are required. One point of ingress / egress is proposed along Las Palmas / Vista Hermosa rights-of-way. At this point, two (2) lanes would provide for project ingress and one (1) lane for project egress. The ingress lane designated for the use by the residents will be 12 feet in width. The other entrance lane, designated for guests and delivery vehicles will be 15 feet in width. The one exit lane will be 15 feet in width. Each of the three (3) lanes will be separated by landscaped medians. This entire area will have brick pavers to provide a more desirable appearance. Parking required for the three (3) bedroom townhouse units is based on a ratio of two (2) spaces per unit. In addition, the recreation area requires five (5) spaces. Since 54 townhouse units and a recreation area are proposed, a total of 113 parking spaces are required. The proposed site plan provides a total of 122 parking spaces. Each unit will have a two (2)-car garage dimensioned 20 feet in width by 17 feet - 3 inches in length. The garage door opening will be 16 feet in width. All other parking spaces, except the one handicapped space, will be parallel to the proposed main drive aisle. These ten (10) spaces will be dimensioned nine (9) feet in width by 25 feet in length. The one handicap space will be 12 feet in width (with 5 feet of striping) by 18 feet - 5 inches in length. A total of 18 feet of asphalt will be provided for vehicular backup area behind each garage. As proposed, vehicles will exit the garage, and if backing out of the garage, make a "3-point turn" within this 18-foot wide backup area and then exit the site via the 24-foot wide main access drive. The proposed pervious area of the parcel equals 1.45 acres or 45.2% of the total site. The overall landscape plan shows at least 104 trees, most of which will be native. In fact, the majority of all landscape material will be native. The west landscape buffer (along U.S. 1) will be at least 15 feet in width (which includes a 10-foot wide utility easement). The landscape plan (sheet LP 1 of 6) proposes six (6) Laurel Oak trees and Ixora Nora Grant / Redtip Cocoplum hedges. In the northwest corner of the site, the plan proposes two (2) Maypan Coconut Palm and Florida Royal Palm trees, and Page 3 The Harbors Site Plan Review Staff Report ~'~lemorandum No. PZ 02-136 Building / Site: three (3) Purple Glow trees. Dwarf Alamander and some annuals are proposed there as well. The northern landscape buffer will be 10 feet in width in the area from U.S. 1 east to the project entrance. The landscape material proposed within this buffer would include the following: four (4) Live Oak trees, Redtip Cocoplum hedges, Wax Jasmine, Fakahatchee grass, Dwarf Yaupon, and assorted annuals. The remaining portion of the north landscape buffer (from the entrance east to the Intracoastal) would have 14 Live Oak trees and a row of Redtip Cocloplum hedges. If the existing ficus hedge is not disturbed during the construction of the drive aisle, the applicant would prefer to leave the hedge in its current condition and not have to plant new hedges (Redtip Cocoplum). The existing mature ficus hedge screens the subject property from the abutting single-family residential neighborhood to the north. According to Sheet LP 3 of 6, the entrance to the site would have two (2) Yellow Elder trees and a row of Redtip Cocoplum on each side. Both sides would also have Sabal Palm trees. The landscaped medians (at the entrance / exit way) between the resident lane and the exit lane would be lined with Florida Royal Palm trees, Geiger trees, Redtip Cocoplum hedges, Allamanda shrubs, and Variegated Loriope. The landscape material proposed within the courtyard areas in the front of each building would be centered around a Paurotis Palm tree. Other courtyard landscaping will consist of three (3) Coconut Palm trees, six (6) Alexander Palm trees, Dwarf Yaupon, Wild Coffee, Dwarf Arboricola, Variegated Lirope, Orange Bird of Paradise, and various annuals. Staff recommends installing more tall growing palm trees such as Washingtonia palms within the courtyard area in order to soften the upper level views of the building fronts (see Exhibit "C" - Conditions of Approval). The existing pool area, located at the eastern portion of the property, would have new brick pavers installed. According to sheet "LP 4 of 6", 16 Maypan Coconut Palm trees are proposed throughout the pool and "tiki" bar area. The plans also propose Dwarf Allamanda, Fakahatchee Grass, Simpson's Stopper, and Orange Bird of Paradise. The southern landscape buffer (adjacent to the Intracoastal Park) would be 6 feet in width. The landscape plan proposes 20 Dahoon Holly trees and a row of unidentified hedge material (see Exhibit "C" - Conditions of Approval). The building facades (facing south) are shown with no landscaping. The IPUD zoning district allows buildings to reach as high as 45 feet, however, a lesser height could be imposed if compatibility with adjacent properties becomes an issue. The proposed three (3)-story fee-simple townhouses will be 42 feet at the peak of the roof (see Exhibit "C" - Conditions of Approval). According to site plan (sheet "SP 1 of 2"), a C.B.S. wall, six (6) feet in height would surround the entire property. The new wall would be setback at least 10 feet from the west property line (facing U.S. 1 ) but would be constructed along the southern property line. The existing six (6) -foot high concrete wall currently located along the north property line will remain in its current location (see Exhibit "C" - Conditions of Approval). A fence would be required around the pool area (see Exhibit "C" - Conditions of Approval). The 54 dwelling units are proposed to be contained within 13 separate buildings on the 3.21-acre site. The proposed density is 16.82 dwelling units per acre. Each of the 13 buildings will contain one (1) of four (4) types of units. The unit styles all have three (3) bedrooms but vary slightly in terms of their overall area. The units are as follows: Unit 1601 Page 4 The Harbors Site Plan Review Staff Report Memorandum No. PZ 02-136 Community Design: Signage: (2,042 square feet), Unit 1935 (2,370 square feet), Unit 1538 (1,972 square feet), and Unit 2008 (2,538 square feet) (see Exhibit "C" - Conditions of Approval). All buildings will have these f(~,~ unit types except for Building #1, which would have an extra Unit 1601 and Unit 2008 for a total of six (6) units. The IPUD zoning district has no actual building setback requirements, however, the buildings should be arranged in such a way that they will exceed the basic development standards. Building #1 (the only six (6)-unit building) would be setback 25 feet from the west property line and 26 feet from the north property line. Building #2 would be 40 feet from the west property line. All of the four (4)-unit buildings are proposed to be setback six (6) feet from the south property line. Building #13 would be setback over 110 feet from the east property line due to the existing location of the recreational area (the recreation area is located between proposed Building #13 and the east property line). As previously mentioned, the 0.2 acre recreation area currently has a swimming pool and a "tiki" bar hut. The "tiki" bar hut is located along in the southeast corner of the site, along the south and east property lines (see Exhibit "C" - Conditions of Approval). According to the applicant, the design of the site is described as Traditional Neighborhood Development (TND) because the pedestrian entryways are proposed on the front facade while the vehicular entryways will be to the rear of the building. The proposed townhouses will be three (3) stories tall and 42 feet high. The front courtyards will allow for only pedestrian access and eliminate the presence of automobiles. The front courtyard or "paseo" will be 25 feet in width. The distance between each building is approximately 25 feet. The proposed buildings would be multi-colored ranging from light yellow to brown. The colors are proposed as follows: First floor (Sherwin Williams #1335-Thai tan), Second floor (Sherwin Williams #2337-Beacon Yellow), Third floor (Sherwin Williams #1366-Harvest Moon). All accents such as shutters, entry doors, railings would be painted Sherwin Williams #2942-Liberty Blue. All architectural enhancements such as smooth stucco banding will be Sherwin Williams #1900-Pure White. The proposed development would have a buffer wall at least six (6) feet in height (see Exhibit "C" - Conditions of Approval). According to sheet "SP 2 of 2", the wall would be painted the same color as the third story of the townhouses (Sherwin Williams #1366 - Harvest Moon). The cross section of the wall sign indicates that the wall would have smooth stucco finish and cast stone caps. Sheet "SP I of 2" shows that the development would have two points of pedestrian ingress / egress. One point would be located at the front entry gate on the sidewalk just west of the vehicular driveways. The other point of pedestrian access would be located along the southern property line near the recreation area. This pedestrian walkway would connect to the future Intracoastal Park. The plans propose two (2) types of freestanding outdoor lighting fixtures, namely, the Type "A" light post and the Type "B" light post. The Type "A" light post will be 12 feet - 6 inches tall. The material and color of the Type "A" post is unknown. The Type "B" light post will be an aluminum pole, slightly taller than 12 feet in height. The color of the Type "B" post is unknown. The elevations show that no building signs are proposed. An "entry wall" sign is proposed along the western buffer wall. According to sheet "SP 2 of 2", the wall detail illustrates that Page 5 The Harbors Site Plan Review Staff Report Memorandum No. PZ 02-136 the monument sign would be at total of 64 square feet in area. The background color of the sign will be blue and the letters will be gold. DESIGN ANALYSIS & CRITIQUE: A master plan is required for all requests to rezone to Planned Unit Development (PUD) or Infill Planned Unit Development (IPUD). For this project, the plan labeled "site plan" will also function as the master plan. Generally speaking, staff is in favor of converting the existing commercial use to a residential use and to increase the overall allowable density to 16.82 dwelling units per acre. However, staff's objection with the plan is not the project density but rather with the proposed design. Specific issues include the proposed building configuration and separation distance, drive aisles, and the allocation of guest and overflow parking. The following paragraphs address staff's conoerns. Under the current land use and zoning designations, the property could be redeveloped to a residential use at a density of 10.8 dwelling units per acre for a total of 34 units. The developer is proposing to increase the maximum allowable density by changing the underlying land use to Special High Density Residential, a land use category only available to coastal area properties. The Special High Density Residential (SHDR) land use designation allows for the following zoning districts: Multi-Family Residential (R-3), PUD, and the IPUD zoning district. The R- 3 zoning district contains restrictions on minimum lot size (4,000 square feet) and building setbacks. The setbacks for the R-3 zoning district are as follows: Front - 40 feet, Side - 20 feet, and Rear - 40 feet. The lot size and building setback standards of the R-3 zoning district are much more stringent than the self-imposed restrictions of the IPUD zoning district. As previously stated, the SHDR land use designation also allows for the PUD zoning district. The intent of the PUD is to promote and encourage development in tracts that are suitable in size, location and in character for the intended uses and structures proposed within them. The development shall be planned and developed as unified and coordinated units. However, the minimum recommended land area necessary for the PUD designation is five (5) acres. The subject property is less than five (5) acres and therefore would be ineligible to rezone from the C-3 zoning district to the PUD zoning district. On May 15, 2001, the City Commission adopted the Federal Highway Corridor Redevelopment Plan to allow for a variety of housing styles at intensities that will assist in supporting the downtown. It also served as a catalyst to encourage redevelopment and infill development of the eastern portion of the City along Federal Highway and to promote the overall general economic expansion of the City. Implementation of the Plan included an amendment to the Land Development Regulations to create the IPUD zoning district. This new zoning district allows for a greater variety of housing types in order to redevelop infill parcels, specifically along the Federal Highway corridor. This new zoning district allows for greater flexibility in terms of lot size and setback restrictions. As promulgated in the Comprehensive Plan, all development proposed within the IPUD should exceed the basic development standards of the conventional residential zoning districts. This characteristic should be evident in terms of a project's site design and site amenities. This project represents the first request for the IPUD zoning district designation. Staff recognizes this circumstance and expects the best possible development, in particular, because this first project that will set the standard for future IPUD developments. Staff determined that the layout of the buildings, the allocation of back-up space, and the distance between each building are not in the optimal configuration and therefore, fails to exceed the basic development standards. Generally speaking, the proposed plan contains conflicting design elements regarding the allocation of space dedicated to pedestrians and the automobile. According to the Congress of New Urbanism, one of the main principles separating the new urbanism development or the Traditional Neighborhood Development (TND) from typical post-WWII suburban, auto-oriented development is that the design of the TND is to primarily accommodate the needs of the pedestrian. A true TND community would not be a "gated". However, the plan endorses the TND concept by designating human space to the front of each home (in the form of patio and courtyard areas) while assigning the less desirable use (automobile space) to a subordinate role by placing it to the rear of each unit. Due to the arrangement and number of buildings, the front courtyard area will be roughly 25 feet in width, a dimension very similar to the space dedicated to vehicular back-up areas at the rear of the building. Page 6 The Harbors Site Plan Review Staff Report Memorandum No. PZ 02-136 Staff recommends increasing the width of the courtyard areas to further separate the three (3)-story structures and to increase the number of trees, shrubs, and on-site amenities. The proposed development may be marketed to a particular segment of the population; however, it is sta,, o opinion that the inherent design of this project becomes awkward due to the overcrowding of units and the internal separation, resulting in a compromise between progressive design principles and inefficient movement of vehicles. Staff has major concerns regarding the angle of the proposed townhouse buildings and the allotment of parking spaces. Only the four (4) units in Building 13 would have direct view of the Intracoastal Waterway. Visual access to the Intracoastal Waterway affords these units an additional amenity resulting in a premium sales price. Perhaps only five (5) other units (namely Units 14, 22, 30, 38, and 46) would have direct views of the Intracoastal Waterway. The remaining units would not have visual access to the Intracoastal Waterway, and consequently would most likely sell at lower prices. The proposed design fails to fully capitalize on the site's proximity to the invaluable amenity represented by the adjacent public park. The future Intracoastal Park will provide the subject property with added open space and scenic vistas. Consequently, more units could sell at premium rates. A major shortcoming with the plan is that only a handful of units will have direct visual access to both the Intracoastal Waterway and the Intracoastal Park, and only the end units will have views of the Intracoastal Park. Therefore, staff recommends configuring and angling the buildings to increase their relationship with these amenities. The intent of this recommendation is to not limit the number of allowable units but rather to endorse a design that takes full advantage of the two aforementioned amenities. Furthermore, staff would also recommend revising the front building design (second floor or third floor) to incorporate a porch or "sitting" area on building sides that face the Intracoastal Park. Another design flaw is that the fronts of Building 1 and Building 2 face only a six foot tall buffer wall (empty space). It is also staff's opinion that the proposed development lacks overflow and / or visitor parking. Based on the standard parking formula, the development requires two (2) parking spaces per unit. Each unit will have a two (2)- car garage. The recreation area will require five (5) parking spaces, leaving only six (6) extra parking spaces. Guest parking for Building 1 (Unit #6) and Building 2 (Unit #10) becomes nonexistent because of the distance to the nearest parallel parking space. Another parking related element of the plan that appears inadequate is the narrow opening width of the garage. The floor plan proposes a 16-foot wide opening with a total interior width of 20 feet. No conflict would occur if each household owned only one (1) automobile. However, a problem arises when one car is parked inside the garage and there is not enough room in the garage to accommodate a second vehicle (storage, large vehicle sizes). Staff recognizes that not all townhouse owners possess large vehicles (sports utility, sedans, and trucks). However, when considering the potential negative impact(s) of the development, this analysis evaluates various scenarios that would cause inefficient, unsafe, or unpleasant living conditions. For example, in typical suburban developments, residential dwelling units usually contain a parking provision for up to three (3) cars in the front driveways. Again, staff recognizes that this proposed development is unique and appeals to a specific group of progressive thinking homebuyers. However, the problem arises when no alternative parking provision is provided if two (2) vehicles are unable to fit together inside the garage. The current de.sign only allows for overflow parking to be designated to the parallel parking spaces. In the current scenario, if two-car households are unable to park in the garage, there are no other provisions for parking other than the five (5) overflow parallel parking spaces proposed along the main access drive (not including the handicap space). If this same limited-garage space scenario occurs in four (4) other households, then no extra parking spaces will be available for the remaining residents or their guests. This could present unsafe driving conditions as well as an unattractive living environment (i.e. cars parked in the street, behind the garages, near the dumpsters). Staff recommends that the driveway behind each unit should be long enough to accommodate a parked vehicle without compromising the function of the 18-foot wide back-up space. The 18-foot wide back-up space in conjunction with the space between the garage door and the asphalt is wide enough for a vehicle to back-up and exit but would not wide enough should a vehicle be parked in front of the garage door. In conclusion, the proposed site plan does not meet the intent of the Comprehensive Plan regarding the Special High Density Residential land use designation. As previously stated, the subject property would be eligible for 10.8 units / acre or 34 total units if converted to a residential use under the existing commercial zoning. The plan Page 7 The Harbors Site Plan Review Staff Report 'Memorandum No. PZ 02-136 'proposes 54 total units or 20 additional units over the current maximum allowable number of units. The plan and its configuration of the townhouses buildings appears to only satisfy a density objective while forfeiting optimal design objectives. The City supports increasing the maximum all~v,=ble number of units but not with a plan that is less than exemplary. RECOMMENDATION: Staff recommends that the request for site plan approval be denied based upon the design issues identified in the "Design & Critique Section" as well as the remaining unresolved comments included in Exhibit "C" - Conditions of Approval. It is the position of staff that the magnitude of changes represented by the Conditions of Approval would significantly modify the project and therefore would warrant additional review from staff and the Community Redevelopment Agency. xc: Central File S:~Planning\SHARED\WI~PROJECTS\The HarborskNWSP 02-012\Staff Report.doc Location Map The Harbors EXHIBIT "A" ~_?--NE 25Tf-I-AVE -- __ NE 20THAVE PUD o R3 F ST -Ee"F"E6_ R t R3 SITE REC LAKE WORTH/ ICWW EXHIBll- '~l::S" EXH J 'Il i! * Il .iijl'li'itl~jif~hll"|jllllq l ll:,lliP!llllll'~JltL, fitl:jl.lili ' I' ,,il! ~ . tl~ Iii ltJqJiJ !,li,,i!,.,il~l!,J jj Il P I ,111r i j;Ji"! Ill II ~, ,p::;i I l i! .~I: Ill ~1~ ~llll JLiJJ II. EXHIBI BOUNOARY AND TOPOGI~HIC SURVEY EXHIBIT J~ PREPARED FOR CENTEX HOMES CITY OF BOYNTON 8EACH, FLORIDA LAND DESIGNJ EXHIBIT "B" I%~,?~.NLINE ~ - ~,EE ,~INEET 2 THE HARBORS PREPARED FOR CENTEX HOMES CITY OF BOYNTON BEACH, FLORIDA ILAND~'~Ii~ DESIGN~II SOUTHII~II ~,TC.~I. INE A . SEE 5t-IE~=T I IBIT THE HARBORS PREPARED FOR CENTEX HOMES CITY OF BOYNTON BEACH. FLORIOA ILAND~IF~ DESIGN~I~ SO,.,,_UTH~~II~ liB" I l{t I ;; l, Il ! I~SIC~ENT THE HARBORS PREPARED FOR CENTEX HOMES CITY OF BOYNTON BEACH, FLORIDA EXHIBIT IL^ND~R~f/',~ DESIGN~ SO,._UTH~ 'B" EXHIBIT "B" rriC~ THE HARBORS PREPARED FOR CENTEX HOME8 CITY OF BOYNTON BEACH, FLORIDA LAND~IF~I DESIGN~I SOUTH~II~ EXHIBIT "B" THE HARBORS PREPARED FOR CENTEX HOMES CITY OF BOYNTON BEACH, FLORIDA JLAND ~l//~ DESlGNJ~J SOUTH~JJ~J Jl J~l .~'l!JIjjll !i Ii ~1! J II. ,,. li!..."!~, THE HARBORS PREPARED FOR CENTEX HOMES CITY OF BOYNTON BEACH. FLORIDA JLANDL~IV'~ DESIGN~ SO.__.UTH~ ¥ "B" EXHIBI'I .... L --r FLOOR PLANS .6-UNIT BLDG. Jr'ENTE'X HOHE I [ FLOOR PLANS I! 6-UNIT BLDG. CENTEX HI2HE EXHIBIT "B" ,r 6-UNIT BLDG. CENTEX HOHE I I i i EXHIBIT "B" EXHIBIT "B" EXHIBIT "B" 4-UNIT BLDG. BOYN"roN ~ACH, FLORIDA JJj CENTEX HOMI EXHIBIT "B" FLOOR PLANS 1 4-UN IT~BLDG., ,-,= NI',= x~,,~...,.,~,=~,.,.. , Ha~,,. EXHIBIT "B" 4-UNIT BLDG. IIOYNTON B~ACH, FLOIIIDA I~=NT~=X EXHIBIT "B" 4-UNIT BLDG. THE HA.qBOI~ BOYNTON BEACH, FLORIDA CENTEX HDHE EXHIBIT "B" II 4-UNIT BLDG. ~'~ ~ ~' V. ~-~. ~ · ~ , ..... ~[.~ '~, , - ~ , _. I EXHIBIT "C" Conditions of Approval Project name: The Harbors File number: NWSP 02-012 Reference: 2nd review plans identified as a New Site Plan with a Au.aust 9, 2002 Planning and Zoning Department date stamp marking. DEPARTMENTS INCLUDE REJECT PUBLIC WORKS - General Comments: 1. A minimum dumpster pad is required measuring 10 feet x 10 feet (inside dimension including gates). (LDR, Chapter 7.5, Article II, Section 5.J and Article 1211, Section 9.A.9.a). 2. Wall for the enclosure shall be CBS construction with a finish matching that of the adjacent building(s). (LDR, Chapter 9, Section 10.C.3). PUBLIC WORKS - Traffic Comments: 3. In accordance with Chapter 6, Article 1211, Sections 11, 12 14, and 16, widen Las Palmas Park from Federal Highway (U.S. 1) approximately 240 feet east (to the intersection of the roadway centerline with the extension of the subject parcel property line. Roadway configuration will consist of 3 lanes, of width as determined by the Director of Public Works (one eastbound lane, one dedicated left turn lane, and one westbound through lane), Type "F" curb and gutter and two - four (4) foot wide sidewalks (one on each side of the roadway). 4. Reconfigure signalization at the intersection of Las Palmas Park and Federal Highway to add a left turn arrow to the signal head(s) for westbound Las Palmas Park traffic (Chapter 6, Article llI, Section 16). The developer has coordinated with Palm Beach County Traffic Division. The rephasing of the signal shall be completed prior to the issuance of a Certificate of Occupancy. 5. Detail signing and striping as necessary (Chapter 6, Article llI, Section 16). 6. At the time of permitting, coordinate with the FDOT and Palm Beach County Traffic for roadway and signalization improvements. UTILITIES Comments: Coa 09/04/02 DEPARTMENTS INCLUDE REJECT 7. Fire flow calculations will be required demonstrating the City Code requirement of 1,500 g.p.m, as stated in the LDR Chapter 6, Article IV, Section 16, or the requirement imposed by insurance underwriters, whichever is greater (see CODE Section 26-16(a)). In addition, the LDR Chapter 6, Article IV, Section 16 requires that all points on each building to be within 200 feet of an existing or proposed fire hydrant. Although the Preliminary Engineering Plan reflects three (3) new internal fire hydrants there appears to be insufficient coverage for Buildings #1 & #2. Add another fire hydrant somewhere between these two buildings and place along North Federal Highway. FIRE Comments: 8. Design documents where underground water mains and hydrants are to be provided, must demonstrate that they will be installed, completed, and in service prior to construction work per the Florida Fire Prevention Code, (2000) Section 29-2.3.2. 9. Pursuant to City Ordinance 9-3F, the Fire Marshal has developed an Administrative Order dated May 9, 2001 that provides the minimum performance for all security gates and emergency access. (Copy attached). 10. Emergency access shall be provided at the start of a project and be maintained throughout construction per the Florida Fire Prevention Code, Section 3-5, and NFPA 241, (1996) Safeguarding Construction, Alteration, and Demolition Operations, Section 5-4.3. POLICE Comments: None ENGINEERING DIVISION Comments: i 1. A lighting plan including photometrics, pole wind loading, and pole details in conformance with the LDR, Chapter 6, Article IV, Section 11, Chapter 23, Article I, Section 5.B.7 and Chapter 23, Article 11, Section A will be required at the time of permitting. The lighting design shall provide a minimum average light level of one foot-candle. On the lighting plan, specify that the light poles shall withstand a 140 MPH wind load (LDR. Chapter 23, Article ri, Section A. 1.a.) Add a note that Coa 09/04/02 3 I DEPARTMENTS INCLUDE [ REJECT the fixtures shall be operated by photo-electrical control and to remain on until 2:00 a.m. (LDR, Chapter 23, Article II, Section A.l.a.) Artificial lighting used to illuminate any property shall be directed away from all residential districts. 12. Sidewalks shall generally parallel the roadway and shall be four (4) inches thick. Accordingly adjust sidewalk location along Las Palmas Park. 13. A plat shall be submitted with construction drawings for fee simple housing. The plat must be recorded prior to the issuance of a building permit for the project. 14. A copy of the proposed POA documents shall be submitted for review and approval concurrent with the plat process. 15. Provide verification that the improvements within the submerged land lease shall be transferable to the new owner. 16. At the time of permitting, indicate by note to what standard the project is to be constructed; if the FDOT Standard Specifications for Road & Bridge Construction and Standard Index are to be used - the 2000 Specifications are recommended since they contain both English and Metric units. 17. The "Site Plan" (Sheet SP 1 of 1) indicates a "15 foot utility easement to be abandoned and relocated" while the "Preliminary Engineering Plan" (Sheet 1 of 1) shows the northern portion of this easement being used for existing utilities. Please correct notation on the "Site Plan" (Sheet SP I of 1) at the time of permitting. 18. An excavation & fill permit will be required for this development. 19. Provide written and ~aDhic scales on all sheets. BUILDING DIVISION Comments: 20. At time of permit review, submit signed and sealed working drawings of the proposed construction. 21. At time of permit review, submit a copy of the recorded resolution that verifies the abandonment of the alley, right-of-way or easement. 22. Add to the submittal a partial elevation view drawing of the proposed perimeter wall. Identify the type of the wall material and the type of material that supports the wall, including the typical distance between supports. Also, provide a typical section view drawing of the wall that Coa 09/04/02 4 DEPARTMENTS INCLUDE REJECT includes the depth that the wall supports are below finish grade and the I height that the wall is above finish grade. The location and height of the wall shall comply with the wall regulations specified in the Zoning Code. 23. At time of permit review, submit for review an addressing plan for the project. PARKS AND RECREATION Comments: 24. Since it has been determined that there are 54 single-family attached units in this development, the Park and Recreation Facilities Impact Fee is computed as follows: 54 single-family attached units multiplied by $771 per unit equals $41,634 (Chapter 1, Article V). 25. The fee is due prior to the issuance of the first applicable building permit. 26. Submit detailed irrigation plans for right-of-way landscape and irrigation improvements during the construction document permitting stage, for review and approval by Parks Department and Public Works Department staff. Include on the plan location of any existing irrigation in the right- of-way. FORESTER/ENVIRONMENTALIST Comments: 27. The applicant must identify and quantify the existing trees on the site as shown on the survey sheet #i. 28. The landscape sheets should indicate the existing trees that will be preserved, relocated or removed and replaced on each portion of the entire site. These trees should be shown with an appropriate symbol on each of the landscape sheets. 29. Any of the existing hedge plants noted on the sheets that are not acceptable during the landscape inspections must be replaced throughout the site. 30. All trees noted on the plant list must be a minimum of 12 feet in height and three (3) inches in diameter at time of planting. 3 l. The plan does not show the City "signature trees" required at the 09/04/02 5 DEPARTMENTS iNcLUDE ingress/egress sites. 32. The plan does not show the seven (,7) foot wide landscape buffer strip along the adjacent public right-of-way' Revise the list to include 50°7° native shrub material. 50% native this requirement' 33. Sheet LP4 of 6: The shrubs, and accents list meets the species requirement, the palms list does not meet Revise the plan accordinglY' 34. Sheet LP5 of 6: The palmS, shrubs, accents, and ground covers list does not meet the 50% native species requirement. Revise the plan accordinglY' 35. There is no irrigation sT~stem plan included or noted on the landscape sheet. Provide an irrigation plan at the time of building permit REJECT 36. On the landscape plan, label vegetation to be preserved. 3'7. On the landscape plan labeled ,,Overall Landscape plan", the plant schedule indicates that 110 trees are provided but when counted, it adds up to 104 trees. Correct the plant schedule so that it matches the graphic representation' that mulch other than 38. place a note on sheet "LP 6 of 6" indicating (Chapter Cypress shall be used and maintained for landscape purposes '7.5, Article II, Section 5.C.8.). , 'als must be native species; lndicatethe~i qo ofsitelandscapematetn . _,~,~led"LPaof6' ~:utw percent [:0 ) ---:~ ~,n the landscape plan ~,t~ '~ q Article 2, Section 5.N 3. (Ch,,v .......'- ~----------'--'"-~.. ,,.~ proposed building height as ---"'""'-.'~-~ti~ns, measure and md(cate u~ Development Regulations 40. On the etev Boynton B'each'S Land defined by Cit~J of (Chapter l, Article 41. place a note on the site plan that all above ground mechanical equipment such as exterior utilit7 boxeS, meters, tranSfOrmers, and back-flow preventers shall be visually screened (Chapter 9, Section I0.C-4.)- ~ t-x~ th~' .... ations, ensu~ Z. ~tt .... eleV ' DEVELOPMENT DEPARTMENT PL.~NNING & ZONING DIVISION MEMORANDUM NO. PZ 0~-16~ TO: FROM: THROUGH: DATE: Chairman and Members Community R~e~ment Agency Board Dick Hudso .rgf, flSrrtor Planner Michael W. Rumpf Director of Planning and Zoning August 25, 2002 Project/Applicant: PROJECT DESCRIPTION The Harbors/Centex Homes Agent: Jennifer Morton of Land Design South Owner: SCHGAI, Inc. Location: 2300 N. Federal Highway (Caf6 La Notre) File No: Land Use Amendment/Rezoning (LUAR 02-005) Property Description: Developed property consisting of +3.21 acres, classified Local Retail Commercial (LRC) and zoned C-3 Community Commercial Proposed change/use: To reclassify the subject property from Local Retail Commercial (LRC) to Special High Density Residential (SHD-20 du/ac), and rezone from Co 3 Community Commercial to Infill Planned Unit Development ([PUD) in order to redevelop with 54 fee-simple townhouses. Adjacent North: 'South: East: West: Land Uses and Zoning: To the northeast, developed (Las Palmas) single family homes classified Low Density Residential (LDR - 4.84 du/ac) and zoned R-!-AA Single Family Residential and to the northwest, developed commercial land (gas station) classified Local Retail Commercial (LRC) and zoned C-3 Community Commercial. Vacant land, currently being developed as Intracoastal Park, designated Recreational (R) and zoned REC Recreation. Intracoastal Waterway Rights-of-way of Federal Highway and the Flor/da East Coast Railroad, then developed commercial property classified Local Retail Commercial (LRC) and zoned C-2 Neighborhood Commercial. Page 2 File Number: LUAR 02-005 The Harbors PROJECT ANALYSIS Chapter 163, Florida Statutes requires that in order for an amendment to the Future Land Use Map to qualify as a "small-scale" amendment, the property must be less than 10 acres in size. if the amendment involves a residential land use, the density must be 10 dwelling units or less per acre. An exception to the density limitation is permitted if the property is in an area desi=o-nated in the comprehensive plan for urban infill, urban redevelopment or downtown revitalization. Even though the requested density for the site is greater than 10 duJac, the parcel is less than 10 acres in size, is located within the expanded Community Redevelopment Area, and would be considered an urban redevelopment project. The subject property contains _+3.21 acres, and therefore qualifies 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 eight criteria used to review Comprehensive Plan amendments and rezonings are listed in Article 2, Section 9, Administration and Enforcement, Item C. Cotnprehensive 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. Whether the proposed land use amendment/rezoning would be consistent with applicable co~nprehensive plan policies including but not limited to, a prohibition against any increase in dwelling unit density exceeding 50 in the hurricane evacuation zone without written approval of the Palm Beach County Emergency Planning Division and the City's risk manager. The planning department shall also recommend limitations or requirements, which would have to be imposed on subsequent development of the property, in order to comply with policies contained in the comprehensive plan. Under its present land use designation and zoning category, the property could be redeveloped for residential use at a density of 10.8 dwelling units/acre for a total of 34 units. The applicant is requesting an increase of 20 units and therefore falls below the density requiring risk management review; however, staff would recommend that all home-buyers in the development be made aware of the fact that they are buying property in a hurricane evacuation zone. Policy 1.19.1 of the Land Use Element provides a definition of the Special High Density Residential land use classification, limits the use of the designation to the Coastal Area of the city and states that the maximum gross density is twenty (20) dwelling units per acre. Policy 1.13.3 states, "The City shall continue to encourage infill development and redevelopment by implementing actions of the Boynton Beach 20/20 Redevelopment Master Plan, and the policies contained in the Coastal Management Element." The adoption of the Infill Planned Unit Development (IPLrD) regulations was a direct response to the cited policy directions as well as policy directions in the Federal Highway Corridor Community Redevelopment Plan. The introduction to the regulations states: "It is a basic public expectation that landowners requesting the use of the IPUD district will develop design standards that exceed the standards of the basic Page 3 File Number: LUAR 02-005 The Harbors development standards in terms of site design, building architecture and construction materials, amenities and landscape design. The extent of variance or exception to basic d6'. ::zn standards, including but not limited to requirements for parking spaces, parlcing lot and circulation design, and setbacks, will be dependent on how well the above stated planning expectations are expressed in the proposed develOpment plan." While both the land use amendment and rezoning are consistent with policies contained in the Future Land Use Element of the Comprehensive Plan, the master/site plan for the proposed development, which must be adopted simultaneously with the zoning designation, lacks minimum design attributes necessary for consistency with the cited requirements of the [PUD regulations. Whether the proposed rezoning would be contrary to the established land use pattern, or would create an isolated district unrelated to adjacent and nearby districts, or would constitute a grant of special privilege to an individual property owner as contrasted with the protection of the public welfare. In this portion of the Federal Highway Corridor, there are a number of properties designated High Density Residential, interspersed with city owned lands designated for Recreational use. The requested amendment would not create an isolated or unrelated district. Rather, it is the existing Local Retail Commercial designation extending to the Intracoastal Water~vay that forms an isolated and unrelated district. c. Whether changed or changing conditions make the proposed land use amendment/rezoning desirable. A number of changed and changing conditions make the proposed land use amendment and rezoning desirable. The Federal Highway Corridor Community Redevelopment Plan, adopted by the City Commission on May 15,2001, included the following strategy to provide a strong residential base that is aesthetically inviting: "Encourage a variety of housing. Develop intensity standards that allow for a variety of housing styles and types at intensities that will assist in supporting the downtown and general economic expansion." In response to this strategy, the city adopted amendments to the land development regulations, adding the Infill Planned Unit Development (IPUD) zoning district to allow a greater range of housing types to be developed on infill parcels, specifically along Federal Highway in the entrance districts. Residential densities for the [PUD zoning district can range from 10.8 du/ac to · 20 du/ac. The two entrance districts are defined by the redevelopment plan as the areas of the Federal Highway corridor from the north city limits to the Boynton (C-16) Canal, and from Woolbright Road to the south city limits. The [PUD zoning district regulations are relatively flexible in order to encourage developer creativity, including townhouse developments on small infill and redevelopment parcels. In addition, the South Florida housing market is experiencing a growing popularity of townhouse developments as a residential unit of choice, particularly in urban areas. Page 4 File Number: LUAR 02-005 The Harbors d. Whether the proposed use would be compatible with utilio' systems, roadways, anti other public facilities. Comparisons of water and sewer demands, provided by the applicant, show that the proposed use of the property will potentially increase water demands by slightly more than 2,000 gallons per day, yet decrease wastewater usage by over 11,000 gallons per day (see Attachment "B"). The traffic generation statement, that accompanied the application, states that the vested uses on the site generate 1,815 daily trips, while the proposed use equates to 378 trips per day. With respect to solid waste, the Solid Waste Authority has stated, within a letter dated December 18,2001, that adequate capacity exists to accommodate the county's municipalities throughout the 10-year planning period. Lastly, drainage will also be reviewed in detail as part of the review of the site plan, and must satisfy all requirements of the city and local drainage permitting authorities. Whether the proposed land use amendment/rezoning would be compatible with the current and fitture use of adjacent and nearby properties, or would affect the property values of adjacent or nearby properties. The proposed land use amendment/rezoning is compatible with the current and future use of adjacent properties. It is the existing use of the property and the array of commercial uses that could be placed on the site if it were redeveloped under the Local Retail Commercial designation, that create incompatibilities. f. Whether the property is physically and economically developable under the existing zoning. The property was developed as a restaurant many years ago, and recently applied for a conditional use permit to operate as a nightclub. g. Whether the proposed land use amendment/rezoning is of a scale which is reasonably related to the needs of the neighborhood and the city as a whole. With proper development, the site could be an example of the type of redevelopment and infill project that will help to underpin the redevelopment efforts in the Federal Highway Corridor and also increase the variety of types and styles of housing to support general economic expansion. h. Whether there are adequate sites elsewhere in the city for the proposed use, in districts where such use is already allowed. There are very few residentially designated sites in the City that provide opportunities for small to medium-sized developments of this type. CONCLUSIONS/RECOMMENDATIONS As indicated herein, the requested land use amendment and rezoning are 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. In light of the fact, however, that even after numerous meetings and discussions with City staff, the applicant has failed to provide an adequate interpretation of the zoning regulations and has proposed a master/site plan that provides less than the basic amenities, mediocre building architecture, almost no landscape design and seeks only to crowd the site with more dwelling units than the site planner is capable of Page 5 File Number: LUAR 02-005 The Harbors placing on the site in a reasonable design, staff recommends that the subject request be denied. Should the Community Redevelopment Agency Board and the City Commission recommend approval, any recommended conditions of approval will be included as Exhibit "C". ATTACHMENTS J SHRDATA',Planning,SHARED~.WP~PROJECTS\The Harbors\LUAR 02-005~STAFF REPORT doc Location Map Attachment "A" ___NE 25_TH AVE - -N E-2_0;:T__H_A~E PO_'C1-EF RD -- PUD- R3 SITE ~ALMAS pARK _BEC _ LAKE WORTH ICWW D ST -REC - 300 0 300 600 Feet LAND DESIGN SOUTH Lend Planning Londscal3e Arcr~itecture Environmental Consultation Attachment "B" 5~1-478-850! ' FAX 5~b1-478-,5012 · ConGress Suar'~ss Center.: ~80 N, Ccr~res~ Avenue · Suite 215 · West P~lm B~'c:~ Z:cr~dc 3%~'q The Harbors Land Use Amendment, Rezoning, & Site Plan Approval Justification Statement Request The purpose of this Justification Statement is to request a Land Use Amendment, a Rezoning, and site plan approval for the subject property. The applicant is requesting to change the land use from Local Retail Commercial to Special High Density Residential and the zoning from Community Commercial (C3) to Infill Planned Unit Development (IPUD). On behalf of the Petitioner, Land Design South of Florida, Inc. is requesting a land use amendment, rezoning, and site plan approval of a 3.21-acre property with 54 upscale town homes. The subject property is generally located on the southeast corner of Federal Highway and Gateway Boulevard. Site CharaCteristics The 3.21-acre property currently has a Future Land Use designation of Local Retail Commercial and is located within the C3 (Community Commercial) Zoning District. As previously stated, the applicant is proposing to change the Future Land Use designation to Special High Density Residential and rezone the property to IPUD (Infill Planned Unit Development). The subject property is currently being used as a nightclub facility. There is an existing two-story 20,679 square foot building located on the eastern most portion of the site. The remaining portion of the site is used predominately for parking. In determining the impacts of the site we compared the maximum development potential at the existing land use and zoning to the maximum development potential at the proposed land use and zoning. We also accounted for what the applicant is actually proposing. There are several different uses surrounding the subject property. There are two (2) different uses which border the subject property to the north. Along the eastern section of the northern property line is the Las Palmas residential community. This property has a Future Land Use Designation of Low Density Residential (LDR) and is located within the R1AA zoning district. Along the western portion of the northern property line is a gas station. This property has a future land use designation of Local Retail Commercial and is located within the C3 zoning district. To the east of the subject property is the Intracoastal Waterway. To the south of the subject property is the proposed Boynton Beach City Park. This property has a future land use designation of Recreation and is located within the Recreation zoning district. To the west of the subject property is Federal Highway (94-foot Right-of-Way (ROW)) and the Florida East Coast (FEC) Railroad ROW (100-foot ROW). To the west of the FEC ROW are several residential properties. Due to the fact that there is over 194-feet of separation between the subject property and the properties to the west, the applicant did not consider the impacts of the proposed community on these properties. The Harbors Page 1 of 4 June 5. 2002 Proposed Impacts The subject property can currently be developed with either commercial or residential development. After the proposed land use amendment and rezoning the property will be allowed to be developed mainly as a residential use, with limited commercial use. The following table identifies the development scenarios under the existing land use and zoning as well as the proposed. Maximum Development Potential Proposed/Existing Development Existing Land Use & Zoning LRC/C3 223,724 Sq. Ft. of Commercial & 34 DU's 20,679 Sq. Ft. of Commercial Proposed Land Use & Zoning SHDR/IPUD 64 DU's 54 DU's The existing zoning designation does not allow the development of fee simple townhomes. In order to develop the site the applicant has to rezone the property to the IPUD designation. The IPUD district is only allowed in the Special High Density Land Use designation. Therefore the applicant must also change the land use. With the new zoning and land use there is a limited amount of commercial that is allowed along Federal Highway. The applicant is not proposing commercial uses as a part of the proposed development. The timing and phasing of the proposed community is dependent on the approval of the rezoning, land use, and site plan. In order to determine a rough estimate of the development of the site, we will assume that the project will receive final approval in September 2002. Once final approval is obtained, the applicant will immediately begin the permitting process. The applicant will begin to clear and develop the property in March 2003. Development of the units will begin shortly after the clearing. Population, Water, & Sewer Comparisons The following table compares the demand for water and sewer based on the square footage allowed under the existing land use and zoning against the proposed land use and zoning. This demand was estimated using the standards adopted by the Palm Beach County Health Department when determining the potential impact of development. In order to determine the impact of the residential development we used the 2000 Census data of 2.26 persons per household. In addition, we used the 2001 LOS for the City of Boynton Beach. Infrastructure Information Water F:rovic~er City of Boynton Beach Level of Service 200 gallons per capita per day Current Maximum Demand 22,372 gallons/day (3.21 ac X 43,560 sq. ft. X .40 Building coverage x 4 stories x .1) Proposed Maximum Demand (62 DU's) 29.0~,8 gallons/day (3.21 AC X 20 DU/AC X 2.26 PPH X 200) Proposed Actual Demand (54 DU's) 24,408 gallons/day (54 X 2.26 PPH X 200) Proposed Change +2,036 gallons/day The Harbors Page 2 of 4 June 5, 2002 Wastewater Provider Level of Service Current Maximum Demand City of Boynton Beach 90 gallons per capita per day 122,372 gallons/day (3.21 AC X 43,560 SQ FT X .40 Building coverage x 4 stories x. 1 ) Proposed Maximum Demand (62 DU's) 13,058 gallons/day (3.21 AC X 20 DU/AC X 2.26 PPH X 90) Proposed Actual Demand (54 DU's) 10,983 gallons/day (54 X 2.26 PPH X 90) Change - 11,389 gallons/day Nuisances The existing land use of the subject property is Local Retail Commercial and the existing zoning district is Community Commercial (C3). The existing land use and zoning are not compatible with the residential nature of the area. To the north of the subject property are several different uses. Along the eastern portion of the northern property line are the Las Palmas Park and the Las Palmas Landing single-family residential community. These two communities have a land use designation of Low Density Residential (LDR) and are located within the R1AA (Single Family) zoning district. Along the western portion of the northern property line are commercial properties and a existing gas station. These properties have a future land use designation of Local Retail Commercial and are located within the C3 zoning district. To the east of the subject property is the Intracoastal Waterway. To the south of the subject property is a vacant property that has a Future Land Use designation of Recreational and is located within the Recreation (REC) zoning district. The property is proposed for a City of Boynton Beach Park. To the west of the subject property is Federal Highway (94-foot ROW) and the FEC railroad (100-foot ROW). The existing land use and zoning is not compatible with the surrounding residential nature of the area. Over the years the subject property has received numerous complaints from the surrounding residents due to loud music and the disruptive behavior of patrons to the nightclub and restaurant. Once the park to the south is completed, the existing use could potentially disrupt the activities occurring in the park. The applicant is proposing to change the land use of the subject property to Special High Density Residential. The applicant is also proposing to change the zoning designation to IPUD (Infill Planned Unit Development). The applicant is proposing to construct 54 upscale town homes on 3.21 acres, This results in a gross density of 16.82 dwelling units per acre. The proposed residential use is more consistent with the residential uses to the north and the proposed park use to the south. The proposed site plan submitted with this justification statement shows a 52-foot setback along the northern property line where the subject property abuts the existing residential. Approval of the proposed land use plan amendment and rezoning will eliminate the incompatibility of uses currently occurring in the area surrounding the subject property. The Harbors Page 3 of 4 June 5, 2002 Site Plan The site plan dated June 5, 2002 submitted with this justification statement shows a total of 54 three (3)-story town homes on a total of 3.21 acres. Each of the 54 town homes has a two-car garage. In addition the site plan shows a total of 13 additional parking spaces for guest parking. When designing the site plan the applicant relied upon the draft code language for the Infill Planned Unit Development (IPUD) zoning district. This zoning district applies to properties located within the Community Redevelopment Area (CRA) that are greater than one (1) acre in size and smaller than five (5) acres. The applicant is proposing a three (3)-story town home on the subject property. This structure will be less then the maximum height of 45-feet. The IPUD district also has maximum lot coverage of 50%. The proposed site plan has building lot coverage less than 50%. Along with the rezoning application, the applicant is proposing to change the land use designation to Special High Density Residential. This designation allows a maximum density of twenty (20) dwelling units per acre. The applicant is proposing a total of 54 dwelling units on 3.21 acre for a gross density of 16.82 units per acre. This is consistent with the proposed land use designation. The minimum open space requirements for properties within the IPUD zoning district are 100 square feet per dwelling unit. The proposed site plan submitted with this justification statement shows a total of 1.45 acres of open space. This equates to 1,169 square feet per dwelling unit. There are several different buffers proposed around the perimeter of the site. The applicant is proposing two different buffers along the northern portion of the subject property. Along the portion of the property that abuts Las Palmas the applicant is proposing a seven (7) foot buffer. Along the remaining portion of the northern property line the applicant is proposing a five (5) buffer. At the pre-application meeting the City Staff requested that the existing vegetation along the northern property line, adjacent to the single-family homes, remain in place. Therefore the applicant is only proposing the one (1) tree per thirty (30) feet. The existing hedge will be cut out and a tree will be placed in the vacant area. The applicant is not proposing a buffer along the eastern property line due to the fact that it is adjacent to the Intracoastal Waterway. The applicant is proposing a five (5) foot buffer along the southern property line. There is also a buffer proposed for the future park to the south. The applicant is proposing a ten (10) foot buffer along Federal Highway. This will sufficiently buffer the future residents of the community, while increasing the amount of landscaping along Federal Highway. The proposed plan shows a large .20-acre recreation area on the eastern section of the property. This allows all of the residents of the proposed community to have access and to enjoy the Intracoastal. The recreation area will have a pool and cabana. It is the intent of the applicant to use the existing pool and "Tiki" bar structure located on the site. The property is structured so that most of the units front on a "paseo" area. This area will provide for guest entrance in to each of the units and create an intimate atmosphere between the units. In South Flodda today, we are use to seeing the garage as the predominate feature on the front of residential structures. The proposed homes have the garage in the back of the units. Each of the garages will be access via an 18-foot access way. Based upon the above and the attached information, the Petitioner respectfully request approval of this petition. N:\Project Files\389\389.53\The Harbors LUPA, Rezoning, & Site Plan Approval Just Stat. doc File: 389.53A, 53B The Harbors Page 4 of 4 June 5, 2002 Coa 09/04/02 6 DEPARTMENTS INCLUDE REJECT to the sidewalks shown on the site plan. It appears as though the sidewalk leading to Model "1601" will not connect to the unit's front door. 43. The existing six (6) foot high wall, located along the north property line shall be refurbished to match the color and style of the new wall. 44. In the tabular data of the sheet labled "SP I of 2", correct the total number of provided parking spaces from 122 to ! 19. 45. On the landscape plan sheet labeled "LP I of 6" and "LP 2 of 6", identify the row of hedges proposed along the southern property line. Also, staff recommends installing palm trees (single or double trunk Alexander, Montgomery, or Solitaire) along the southern facades of the four (4) unit buildings. 46. On the floor plan, the total area for "Model 1601" is incorrect. Any change to the floor area on the floor plan will need to correspond to the tabular data of the site plan sheet "SP 1 of 2". 47. The buffer wall may not exceed six (6) feet in height (Chapter 2, Section 4.J.1). Prior to the City Commission meeting, provide a detail of the entry gates, including the dimensions, material, and color(s) used. 48. Provide an elevation of the "existing covered tiki bar" to be a "cabana". Ensure that the colors of the cabana will be compatible with the color palette of the proposed townhouse buildings. 49. A fence is required around the pool area. Provide a detail of the fence. On the site plan, show the points of access to the deck area currently outside the property line. 50. Provide a cross access agreement or written verification that access is allowed between the subject property and the property to the east (with the wood deck and boat mooring area). 5 t. Staff recommends including the site address at the walt sis. 52. The plan shows that public "green" area will be provided in the form of the 0.2 acre recreation area and the 25-foot wide front paseos. Staff recommends creating additional public "green" space equipped with amenities such as benches, a gazebo, and/or BBQ pit area. 53. The buffer wall along the north property line acts as a "terminating vista" from each paseo area. Staff recommends incorporating additional decorative features such as fountains, statuary, or wall score lines to break the mundane wall expanse. Coa 09/04/02 7 DEPARTMENTS INCLUDE REJECT 54. Staff endorses the concept of having a "focal point" to be located at the northwest comer of the property. In addition to the landscaping, staff recommends that the "focal point" as shown as an asterisk (*) should be a fountain, statuary, gazebo or some other attractive public amenities. 55. Staff recommends aligning the main point of ingress / egress with a paseo area rather than with the rear of Building 4 and Building 5. 56. Provide an elevation of the "existing covered "tiki" bar to be a cabana". Ensure that the colors of the cabana will be compatible with the color palette of the proposed townhouse buildings. 57. The entryway to the recreational area appears as though it is an amenity for just the four (4) easternmost townhouse units. Staff recommends redesigning the entryway so that it is more welcoming to the entire development. Create an entrance pavilion to the recreational area that is on axis with the sidewalk. 58. Off-street parking for the development will be limited to two (2) car garages in each unit and guest parallel parking spaces. Because there is no alternative parking provision, staff recommends that the garage area in each unit be increased in size in order to maximize the storage space for both vehicles and various items and to prevent / minimize the haphazard parking of cars throughout the development. 59. Staff recommends configuring the buildings in such a way that will allow for more units to have direct visual access to the future Intracoastal Park. 60. Staff recommends incorporating a second or third story porch (or on both stories) into the design of the townhouse units that face (front and/or side faqades) either the Intracoastal Waterway or the Intracoastal Park. 61. Staff recommends installing more tall growing palm trees such as Washingtonia Palms in the courtyard (paseo) areas in order to be more in scale and soften the height of the 3-story buildings. 62. The main east-west sidewalk is four (4) feet in width. Staff recommends increasing the width to at least five (5) feet. 63. Staff recommends increasing the distance between buildings (paseo areas) to allow for additional amenities and landscape material. 64. Staff endorses the concept of a pedestrian connection from the subject property to the Intracoastal Park as shown on the southeast portion on the property. However, staff recommends that the entranceway be enhanced with additional landscaping, decorative li~[htin~, and park-like Coa 09/04/02 8 DEPARTMENTS INCLUDE REJECT benches. COMMUNITY REDEVELOPMENT AGENCY COMMENTS: Comments: 65. To be determined. ADDITIONAL CITY COMMISSION COMMENTS: Comments: 66. To be determined. MWl elj S:'~Planning~SHARED\WP',PROJECTS\The Harbors'~lWSP 02-012~COA. doc The City of Boynton Beach ta°tdnton [2each flit e lte.~c'ue PO. Oox JlO flAX: (561 } 36,1- 7382' May 9, 2001 IRE: Security Gales and Emergency Access To Whom It May Concern: Boynlon Beach Fire Rescue conlinues to mainlain lbo position thai securily gales are potentially detrimental to fire and rescue operalions. The proliferalion of securily'galed communities has resulted in many problems for responding emergency apparatus trying Io gain entry. The minimum performance for all securily gates shall be as follows: 1. All security/entrance gates must have an eleclronic key number pad. 2. The keypad will allow entrance by lhe simple act of pushing four (4) or five (5) bullons. 3. All gates must have a security entry code approved in advance by the Fire Marshal. ,1. Gates may be operable by telephone from our dispalch office. A phone call from our - dispatchers will open the gate and a second call will be required to close Ihe gate. 5. In case of power failure, the gate shall open aulomalically and remain open. 6. An exception will be where a 24-hour security guard is stationed at Ihe gale. 7. A back-up device such as an aulhorized securily box or key switch is required to operale the gate in Ihe event the number pad entry does not work. 8. A key box shall be installed for such areas or buildings when the Fire Marshal determines that access is necessary for all life-saving or fire-fighting purposes. The type and location of Ihe key box shall be approved by the Fire Marshal and shall conlain: · Keys to locked points of egress, whether in common areas or on lhe inlerior or exterior of such buildings; · Keys to locked mechanical equipmenl rooms; · Keys Io locked eleclrical rooms; · Keys Io elevator controls. 9. No olher code numbers, operating melhods, or key systems will be kept on file by the Fire Rescue Depadment. 10. In the event that our units are unable to gain rapid entry with the above melhods, il will require the use of rapid forcible entry methods to gain entry. The Cily of Boynlon 8each and/or tile Fire Rescue Department shall not be responsible for, or incur any costs as a result of gaining access to a specific area. 11. Information on where authorized key securily boxes can be purchased is available from Boynton Beach Fire Rescue, Fire and Life Safety Division by calling (561) 742-6600 during normal business hours. Failure lo comply will result in the violation of Boynlon Beach Code gl Ordinances Seclion 9-3F and Section 9-15. The liability of delayed Fire Rescue response to an emergency in your community should be a serious concern. Steve Gale Fire Marshal PROJECT NAME: APPLICANT'S AGENT: APPLICANT'S ADDRESS: DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA The Harbors Jennifer Morton - Land Design South 8198 Jog Road, Suite 200 Boynton Beach, FL 33437 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: September 17, 2002 TYPE OF RELIEF SOUGHT: New Site Plan Approval to construct 54, three (3)-story townhouse units on a 3.208-acre parcel. LOCATION OF PROPERTY: 2700 block of SW 4th Street DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. THIS MATTER came before the City Commission of the City of Boynton Beach, Florida appearing on the Consent Agenda on the date above. The City Commission hereby adopts the findings and recommendation of the Community Redevelopment Agency, which Agency found as follows: OR THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. The Applicant ~ HAS ~ HAS NOT established by substantial competent evidence a basis for the relief requested. 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 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: S:\Pfanning\SHARED\WF~PROJECTS\'i31e HaCoors\NWSP 02-012\DO.doc City Clerk DEVELOPMENT DEPARTMENT MEMORANDUM NO. PZ 02-182 TO: FROM: DATE: SUBJECT: Chairman and Members Planning and Development Board Michael Rumpf Planning and Zoning Director September 3, 2002 Gateway Texaco Gas Station (ADAP 02-001) Expansion of nonconforming use for storage of retail merchandise Project Name: Gateway Texaco (ADAP 02-001 ) Location: 2360 North Federal Highway Owner: Mr. Zuhair Marouf Agent: Mr. Beril Kruger, Beril Kruger Planning and Zoning Consultants Request: Notice of Appeal from the July 16, 2002 decision of the Planning and Zoning Director, identifying proposed improvement as unlawful expansion of nonconforming use. BACKGROUND Request for proposed expansion The subject property owner desires to expand the above-referenced use to provide additional building area for the storage of merchandise. The proposed expansion was presented to staff who was requested to respond in writing as to whether said improvement would be allowed by city regulations. On July 16, 2002 the Planning and Zoning Director rendered an administrative decision that the proposed change to the above-referenced business would be prohibited by city regulations. Code sections cited in this determination included the Land Development Regulations, Chapter 2, Sections "D" and "G" (See Exhibit "A" - Administrative Determination). In accordance with the Land Development Regulations, Section 11.L,(3)(a)(2), the subject gas station is a legal non-conforming use (see Exhibit "B"- Code Excerpt-Sale of Gasoline). Item "a" (2) of Paragraph #3 limits establishments that sell gasoline as follows: "(2) Gasoline dispensing establishment shall only be located at any intersection consisting of roads of four (4) lanes or wider." The Gateway Texaco Gas Station is located at the unaligned intersection of Gateway Boulevard/Las Palmas and North Federal Highway, which is an intersection with a local street containing only two (2) lanes. The suY'"~.t use is therefore a nonconforming gas station by virtue of its existing location. Improvements allowed to non-conforming uses are limited to ordinary repairs, maintenance, and improvements, pursuant to the Land Development Regulations, Chapter 2, Section 11.1, paragraph "D"(1 ) and (2). An excerpt of these paragraphs read as follows: Paragraph (1) "No nonconforming use may be extended to occupy any land outside the building or other structure, nor any additional building or structure on the same plat, which was not used for such nonconforming use at the effective date of the adoption or amendment of these regulations." Paragraph (2) "No structure used for a nonconforming use shall be enlarged, extended, reconstructed or structurally altered, unless the use is changed to one which complies with the provisions of this chapter [ordinance]." Furthermore, paragraph "G" of this same section limits changes in nonconforming uses to uses which would be conforming in the district in which the subject land or building is located (see Exhibit "C" - Code Excerpt- Nonconforming Uses). On July 31, 2002, Mr. Kruger, agent for the property owner, addressed a letter requesting a formal appeal be processed to the subject administrative determination (see Exhibit "D" - Request for Appeal). In summary, the appeal justifies the proposed expansion by the position that retail sales at this business is a separate component from the non-conforming aspect-gasoline sales, which component can therefore be altered/expanded independent of the gasoline sales element of the business. The applicant supports this position that retail sales is distinguishable from gas sales by the absence of other nearby convenience stores, and therefore the high demand for convenience item sales at this location. The applicant states that "The location of this convenience store makes it very convenient for these people to shop at this store who do not need gasoline. Many people just shop in this store to purchase milk, cigarettes, soda, and other products where if this convenience store were not here, they would have to drive up to Hypoluxo Road to the Winn Dixie .... " Procedure Appeals to administrative determinations are processed in accordance with the procedures outlined in Chapter 1.5, Article I, Sec. 4.1, "E". of the Land Development Regulations (see Exhibit "E"). Under these procedures the Planning and Development Board hears the appeal and renders a decision that must be ratified by the City Commission. ANALYSIS/CONCLUSIONS The analysis conducted in response to the subject appeal concentrated on the following two facts: 1) The subject determination by the Director represents the position consistently communicated by staff and therefore, the consistent interpretation and application of the Land Development Regulations which clearly prohibit the proposed improvement; 2) The lack of proof that the proposed expansion is necessary for the continued operation of the principal use. With respect to item #1 above, the subject administrative determination represents the consistent application of the non-conforming regulations. Planning staff has applied this same interpretation of the non-conforming regulations on previous occasions when confronted with requests for similar expansions to non-conforming gas stations. There has been a trend over the past few years to expand the retail components of gas stations, including the replacement of an auto-repair function with greater retail sales space. While the increase in retail space done in conjunction with the elimination of automobile repair services has been construed as allowed by city regulations, this interpretation was generated based on the facts that a nonconforming element of the use was being eliminated, and there was no physical expansion of the principal structure from which the business operated (nor a movement of any aspect of the non- conforming use into a portion of the building not originally occupied by any aspect of the non-conforming use). A reverse in this determination would affect more than just the subject gas station. Rather, other owners of non-conforming uses (not limited to just owners of gas stations) would be motivated to consider, or reconsider possible expansions to their respective businesses arguing and justifying their position that the proposed improvements do not expand the nonconforming aspect of the business. It should be noted that other nonconforming uses that could be subject of potential similar requests could include adult entertainment establishments. With respect to item #2 above, additional research by staff has concluded that the courts have supported the expansion of nonconforming uses to accommodate accessory uses. However, this support appears to be conditioned upon the accessory use being necessary for normal operation of the principal use, and otherwise a hardship on the owner without said accessory use. This same document, Zoning and Land Use Controls (Mathew Bender & Co, Rel. 32-2/91; Pub. 845), cites as an example of a permissible accessory use the sale of alcohol at a restaurant, and a non-permissible use a car wash at a gasoline station. Even if this more liberal conclusion from court precedents were stretched to apply to this case, which may potentially support the accessory use of retail sales to the gasoline service station, the owner would still be r:equired to prove that the subject expansion is necessary for the normal operation of the principal use-the sale of gasoline. It should noted that retail sales were increased previously at this business, timed with the elimination of the automobile service function of the business. At that time, the space allocated to convenience sales increased significantly. If in fact the retail sales component were to be construed as a separate element and business activity from the gas station, rather than ~". accessory activity, than the code further supports the denial of this expansion of a business which may directly or indirectly enhance (i.e. support beyond what was originally approved at this location), the non-conforming gas station. RECOMMENDATION Staff recommends that the request for appeal be denied, thereby affirming the original determination by staff that the subject expansion of the Gateway Texaco Gas Station would be an unlawful expansion of a legal, nonconforming use. This conclusion is based on the following: 1) The subject determination by the Director represents the position consistently communicated by staff and therefore, the consistent interpretation of clearly written Land Development Regulations; 2) The sale of gasoline is the principal use of the subject business which is located on one parcel within a single structure, and therefore cannot be viewed separate from accessory components such as retail sales; and 3) The applicant has not proven that the further expansion of the retail sales aspect of the business is mandatory for the continued normal operation of the principal use, and that if denied a hardship would be imposed. Attachments MR S:\Planning\SHARED\WP\PROJECTS\Gateway Texaco\Staff report ADAP 02-001 .doc July 16, 2002 · Building EXHIBIT A DEPARTMENT OF DEVELOPMENT PLANNING AND ZONING DIVISION · Planning & Zoning · Occupational Licenses · Community Redevelopment Mr. Beril Kruger Planmng & Zoning Consultant 9 Northeast 16th Street Delray Beach, FL 33444 Subject: l) Expansion of Texaco Gas Station at 2360 N Federal Highway 2) Driveway Connection from Texaco Station and Approved Car Wash Project Dear Mr. Kruger: The intent of this letter is to clarify information provided to you in a previous letter dated June 14, 2002. Please be informed of the conclusion reached that pursuant to the Land Development Regulations, Chapter 2, Sections "D" and "G", the above-referenced changes are prohibited due to the their involvement with a non-conforming use. However, with respect to item #2, the physical connection could only occur through a recorded access easement that would connect the car wash parcel to the northernmost gas station driveway at Federal Highway. Of course this is contingent upon all modifications to the Texaco site being code-compliant. These changes should be processed as a minor modification request to the existing site plan which is described by the attached fact sheet. Please be sure to include all site/tabular data on the revised plans including the tabulation of required and provided parking, and aisle and parking space dimensions. Please be informed that you may not proceed with item #1 due to it involving the physical expansion of a non-conforming use; however, this clarifying letter should be construed as the final administrative decision to which you would file an appeal in accordance with the Land Development Regulations, Chapter 1, Article VII, Section 1. If you still desire to appeal, please provide this office with a revised application (letter) for appeal which we will apply to the same fee, and application file that has been recently created. If based upon this letter you no longer prefer to file an appeal, please inform me of same in writing so that your application can be closed. Please be reminded of the filing requirements to appeal and contact me should you have any questions. Sincerely, Michael W. Rumpf Director of Plarming and Zoning MWR:jdc CC: Kurt Bressner Attachment $:.Planning~SHARED\WPCORlt~SP~Corresp A thru L'dr~ruger, Benl Re Tex.~co Stat/on Expansion. doc City of Boynton Beach · 100 East Boynton Beach Blvd., P.O. Box 310 · Boynton Beach, Florida 3:~t25-0310 Phone: (561) 742-6350 · www.ci.boynton-beach.or .Reference Page EXHIBIT B L. COMMERCIAL ESTABLISHMENTS ENGAGED IN THE RETAIL SALE OF G.&SOI.I.XE OR GASOLINE PRODUCTS. 1. Purpose. The purpose of these regulations is to establish development standards for commercial establishments which engage in the sale of gasoline, or other motor fuels. These regulations are intended to cover businesses of any type, including convenience stores and automotive service stations. The development standards established by this section would overlay the development criteria stated in the zoning district in which these uses are allowed. Businesses, which engage in the sale of gasoline or other motor fuels, shall require conditional use approval. 2. Definitions. For the purpose of this ordinance, the following definitions shall apply: Ancillary building or structure. A building or structure incidental to, subordinate to and subservient to the principal building or structure located on the premises. Ancillary use. A use incidental to, subordinate to and subservient to the principal use of the premises. Automotive service station. The use of a building or other structure, on a lot or parcel of land which includes any retail sale of gasoline or other motor fuels. Convenience store. Any place of business that is engaged in the retail sale of groceries, including the sale of prepared foods, and gasoline and services. The term "convenience store" does not include a store which is solely or primarily a restaurant. Gasoline dispensing establishments. Any commercial enterprise, including automotive service stations and convenience stores, which engage in the sale of gasoline or other motor fuels to the public. Grade separated intersections. Use of the term grade separated intersections shall mean any intersection wherein one road passes over another road by means of a bridge or an overpass. 3. Development standards which apply to all gasoline dispensing establishments except those described under Subsection 4. of this section below: a. Location. (1) All gasoline dispensing establishments not determined to be ancillary uses as described in Subsection 4. below, shall be located only at the intersection of any combination of the following roads as designated in the Boynton Beach Comprehensive Plan: County arterial, State arterial, Local collector, or County collector. http ://www. amlega.../24fa? f=templates& fn=document_ frame.htm&q=gasoline&x=Simple&2. 9/3/2002 .Reference Pa~e £ o~-~ (2) Gasoline dispensing establishment shall only be located at any intersections consisting of roads of four (4) lanes or wider. (3) The maximum number of gasoline dispensing establishments located at any intersection shall be two (2). Gasoline dispensing establishments shall only be located at diagonal comers of permissible intersections. b. Minimum plot size: thirty thousand (30,000) square feet. c. Minimum street frontage: one hundred seventy-five (175) feet on each frontage measured from the intersecting right-of-way lines of the public streets. d. Driveways (1) No driveway shall be located less than one hundred ten (110) feet from the intersecting right-of-way lines of public streets. (2) Driveways shall be a minimum of thirty (30) feet and a maximum of forty-five (45) feet in width. (3) line. (4) Driveways shall not be located less than thirty (30) feet from any interior property Driveways will be limited to one (1) per street frontage. e. Setbacks. Setback requirements shall apply to all structures on the property including the primary structure, or any accessory structures such as car washes or above-ground storage facilities. (1) Front -- 35 feet. (2) Side -- 20 feet. (3) Rear -- 20 feet. (4) Other: (a) No canopy shall be located less than twenty (20) feet from any property line. (b) No gasoline pump island shall be located less than thirty (30) feet from any property line. (c) The entrance to a building wherein motor vehicles are washed by mechanical means shall be located a minimum distance of seventy-five (75) feet from the street lines to provide an off-street area of waiting vehicles. Car washes shall be a permitted accessory use at gasoline dispensing establishments. Car washes shall: 1. be fully automatic; 2. recycle all water used in the car washing process. f. Buffers. (1) A ten-foot wide landscape buffer shall be located along the street frontage. This buffer shall contain one (1) tree ten (10) to fifteen (15) feet in height with a minimum three-inch caliper every forty (40) feet, a continuous hedge twenty-four (24) inches high, twenty-four (24) inches on center at time of planting with flowering groundcover. (2) Interior property lines. http://www.amlega.../24fa?f=-templates&fn=document-frame.htm&q=gasoline&x=Simple&2. 9/3/2002 Reference Page (a) A ten-foot wide landscaped buffer shall be located on all interior property lines. When the buffer separates the property from a residentially zoned property, the buffer shall contain a six-foot concrete wall landscaped on the exterior side by a continuous hedge no less than thirty-six (36) inches high and planted twenty-four (24) inches on center at time of planting; trees ten (10) to fifteen (15) feet in height with three-inch caliper every forty (40) feet; and groundcover. When the buffer separates the property from other commercial property, the buffer shall not be required to contain a concrete wall. Landscaping shall be continuously maintained. 1. The wall shall be kept in good repair and appearance at all times. 2. Openings with gates may be allowed where deemed appropriate by the City Commission. g. Design criteria. (1) All gasoline dispensing establishments located on designated out-parcels to shopping centers, business centers, or other planned commercial developments shall conform in design to the approved design plan of the principal center. (2) Gasoline dispensing establishments shall conform to the community design plan. (3) All gasoline dispensing establishments shall not install exterior site lighting which exceeds photometric levels of 60-foot candies average maintained. Light fixtures must be baffled, shielded, screened or recessed to prevent visibility of the lit portion of the fixture from off the premises. h. Conditional use. Gasoline dispensing establishments are hereby designated as a conditional use as that term is defined in Section 11.2. i. Distance separation requirements. No gasoline dispensing establishment shall be located within two hundred (200) lineal feet from a residential structure. Distances for the purpose of this subsection shall be measured from the boundary line of the parcel on which the gasoline dispensing establishment is located to the closest boundary wall of the residential structure. (4) As to all gasoline dispensing establishments that are an ancillary use located or operated in or fi-om an ancillary building or structure within a parcel of land of not less than ten (10) acres within a "Planned Commercial District" (PCD) governed by Section 6.F. of the City of Boynton Beach Zoning Code, and which gasoline dispensing establishment is operated by the person(s) or entity(s) that operates the principal use located on such parcel of land; and do not meet all of the requirements set forth under Subsection 3., above, the following shall be applicable: a. Setbacks. Setback requirements shall apply to all structures on the portion of the property on which the gasoline dispensing establishment is located, including the primary structure for the gasoline dispensing establishment, or any accessory structures such as above ground storage facilities. (1) Front - 35 feet. (2) Side - 20 feet. (3) Rear - 20 feet. http://www.am~ega.../24fa?f=temp~ates&fn=d~cument.frame.htm&q=gas~~ine&x=Simp~e&2. 9/3/2002 Ret'erencc Page 4 of 4 (4) Other: (a) No canopy shall be located less then twenty (20) feet from any property line. property line. (b) No gasoline pump island shall be located less than thirty (30) feet from any (c) No gasoline pump island or canopy shall be located less than two hundred (200) feet from any public right-of-way. (d) No gasoline dispensing establishment shall be located within two hundred (200) feet from a residential structure. Distances for the purpose of this subsection shall be measured from the closest gasoline pump island or canopy of the gasoline dispensing establishment to the closest boundary wall of the residential structure. b. Buffers. Except for permitted driveway openings, a five (5) foot wide landscaped buffer shall be located around that portion of the parcel of which the gasoline dispensing establishment is located. When the buffer separates the portion of the property on which the gasoline-dispensing establishment is located from a residentially zoned property, the buffer shall contain a six (6) foot high concrete wall landscaped on the exterior side by a continuous hedge no less than thirty-six (36) inches high and planted twenty-four (24) inches on center at the time of planting; trees ten (10) to fifteen (15) feet in height with three-inch caliper every forty (40) feet; and groundcover. When the buffer separates the portion of the property on which the gasoline dispensing establishment is located from other commercial property, the buffer shall not be required to contain a concrete wall. Landscaping shall be continuously maintained. (1) The wall shall be kept in good repair and appearance at all times. (2) Commission. Openings with gates may be allowed where deemed appropriate by the City c. Design criteria. (1) All gasoline dispensing establishments under this Section 4. shall conform to the community design plan. (2) No gasoline dispensing establishments under this Section 4. shall be permitted to advertise product pricing on the site sign identifying the primary tenant or occupant. (3) All gasoline dispensing establishments under this Section 4. shall not install exterior site lighting which exceeds photometric levels of 60-foot candles average maintained. Light fixtures must be baffled, shielded, screened, or recessed to prevent visibility of the lit portion of the fixture from off the premises. d. Conditional use. Gasoline dispensing establishments defined as ancillary to a principal tenant of a planned commercial district are hereby designated as a conditional use as that term is defined in Section 11.2. http://www.am~ega.../24fa?f=temp~ates&fn=d~cument-frame.htm&q=gas~~ine&x=Simp~e&2. 9/3/2002 , Re~erence Page D. NONCONFORMING USES OF STRUCTURES. EXHIBIT C 1. The nonconforming use of a building or other structure may be extended throughout any part of the building or structure which was clearly designed and intended for such use at the date nf the effective adoption or amendment of these regulations. Any nonconforming use which occupies a portion of a building or other structure not originally designed or intended for such use shall not be extended to any other part of the building or structure. No nonconforming use may be extended to occupy any land outside the building or structure, nor any additional building or structure on the same plat, which was not used for such nonconforming use at the effective date of the adoption or amendment of these regulations. 2. No structure used for a nonconforming use shall be enlarged, extended, reconstructed or structurally altered, unless the use is changed to one which complies with the provisions of this chapter [ordinance]. However, ordinary repairs, maintenance and improvements, such as plumbing or wiring, replacement of nonbearing walls, fixtures or other interior alterations, shall be permitted each year in an amount not to exceed twenty-five (25) percent of the assessed value of the building or structure for that year as determined by the Palm Beach County Property Appraiser, subject to the provisions of the preceding paragraph and provided such work does not increase the cubic volume of the structure, the floor area devoted to the nonconforming use or the number of dwelling units. Nothing in these regulations shall prevent compliance with applicable laws or ordinances relative to the safety and sanitation of a building occupied by nonconforming use. E. NONCONFORMING STRUCTURES. The lawful existence of a structure or building at the effective date of the adoption or amendment to these regulations, although such structure or building does not conform to the building and site regulations of these regulations for minimum lot area and dimensions, minimum yard setback requirements, maximum building height, total floor area requirements, or other characteristics of the structure, or its location on the lot, may be continued so long as it remains otherwise lawful. A nonconforming structure or building (as opposed to a structure or building used for a nonconforming use) may be maintained and repaired, but it shall not be added to or altered in a fashion so as to increase the extent to which the structure or building is in violation of applicable regulations. A nonconforming structure or building may be added or altered if such alteration or addition does not in itself constitute a further violation of existing regulations. F. RECONSTRUCTION OR REMOVAL. If any structure is destroyed to such an extent that the cost of rebuilding, repair and reconstruction will exceed seventy (70) percent of its current assessed valuation as determined by the Palm Beach County Property Appraiser, or for any reason is moved any distance, it shall not again be used or reconstructed except in conformity with the provisions of these Land Development Regulations. G. CONTINUANCE, DISCONTINUANCE OR CHANGE OF NONCONFORMING USE. 1. A nonconforming use of land or structure shall not be changed to any other use except one which would be permitted as a conforming use in the district in which the land or building is located. However, no change shall be required in the plans, construction, or designed use of any structure for which a building permit was lawfully issued pursuant to Chapter 20 of the Land Development Regulations, and upon which construction has actually begun prior to the effective date of the adoption or amendment of these regulations. http ://www.amlegal.corn/boynton_beach_fl/lpex.../262d? fn=document- frame.htm&f=template 9/3/'2002 · Reference Page 2 or'2 2. Any part of a structure or land occupied by a nonconforming use which is changed to or occupied by a conforming use shall not thereafter be used or occupied by a nonconforming use. 3. If for any reason a nonconforming use of land, structure or any part thereof ceases or is discontinued for a per/od of more than six (6) consecutive months, except when government action impedes access thereto, the land shall not thereafter be used for a nonconforming use. http://www.amlegal.com/boynton_beach_fl/lpex.../262d? fn=document- frame.htm&f=template 9/3/2002 7il krl,fl r planning and zoning consultants EXHIBIT D July 31, 2002 Mr. Michael W. Rumpf, Director Planning and Zoning Department City of Boynton Beach 100 East Boynton Beach Blvd. P.O. Box 310 Boynton Beach, FL 33425-0310 RE: Expansion of Texaco Gas Station at 2360 N. Federal Highway Dear Mr. Rumpf: Please let this letter serve as a request to appeal your decisions to the City Commission regarding an addition at Gateway Texaco, 2360 N. Federal Highway. A. Expansion of the Texaco Convenience Store (with Fuel Pumps) for dry storage; The expansion of the convenience store (by an addition to rear of 600 sq. ft.) for dry storage only does not increase the non-conformity of the existing facility and or its current use. The sale of gasoline (non-conforming use according to the Boynton Beach Zoning Code) at this location will not be increased. Many people shop at this convenience store that do not purchase gasoline. We are ready to show the difference in sales between the customers just purchasing gas, just purchasing groceries and purchasing gas and groceries. The closest grocery store to t.his location is the Winn Dixie at Hypoluxo Road and U.S. Highway 1, which is over a mile away. This convenience store is located within a short distance to numerous residential subdivisions along the east and west side of N. Federal Highway between the C-15 Canal and Hypoluxo Road. The location of this convenience store makes it very convenient for these people to shop at this store who do not need gasoline. Many people just shop in this store to purchase milk, cigarettes, soda, and other products where if this convenience store were not here, they would have to drive up to Hypoluxo Road to the Winn Dixie, using unnecessary gas, putting additional traffic on the roads, and polluting the air ne;~dlessly. Many people living in this area come to the convenience store by bicycle. It would be doing a disservice not to allow the addition on the rear of this building for dry storage only. Building an addition on the rear of the convenience store just for dry storage is not only a necessity for Mr. Marouf, but it may possibly cause him to go out of business if it is not allowed. Mr. Marouf had purchased a trailer, which is parked adjacent to rezoning concurrency conditional use, special exceptions, DRC approval site plans annexations comp plan amendments, variances (county, state, municipal) abandonments palm beach broward dade & all counties & cities in florida 9 northeast 16th street * delray beach, florida 33444 (561) 265-4983 * fax (561) 265-4611 * e-maih bkruger@bellsouth.net Mr. Michael W, Rumpf, Director page 2 July 31, 2002 the parking area south of the building. The only purpose for this trailer is to store sodas (An existing Code Enforcement Violation described below). There is not enough room in the building to store the soda and that is the reason the addition is being requested. Without this additional square footage to store soda, a large part of the business will be lost. Gas sales may not be discontinued but the convenience store may be forced to cease operation. Along with the addition for storage on the rear of the convenience store, Mr. Marouf will be renovating the exterior of the building to better fit in with the character of the residential neighborhoods surrounding this property. Our Architect is currently working on the elevations for the building. VIOLATION: Mr. Marouf currently has a violation before the Code Enforcement Board, Case# 1- 1450, Notice Date: June 18, 2001, with a running fine. The violation is for: PT- LDR.CH2. SEC. 6.C.6. C-3 / EXTERIOR DISPLAY / STORAGE; "STORAGE OF MERCHANDISE IN THE TRAILER IS NOT PERMITTED." "TRAILER MUST BE REMOVED." The trailer is being used to store soda. It is not plugged in to electricity nor does it have an operating refrigeration unit. The enclosed site plan illustrates where the addition will be located and how the additional parking spaces will be laid out. Therefore, the Texaco Convenience Store will not lose parking spaces but gain spaces with the addition for dry storage on the rear of the building The only other alternative to allow the expansion of the convenience store for dry storage and change the convenience store with gas sales to conforming would be to change the Zoning Code to allow gasoline sales on intersections with other than just four (4) lanes in both directions. We do not want to do this because of the ramifications to the entire city by allowing of all of the other gasoline selling establishments to become conforming. By allowing the convenience store to expand for dry storage only will not increase gas sales and therefore will not increase the non conformity of this use. Beril K~.j. g~e r ~'~ SENT BY FACSIMILE AND U.S. MAIL Reference Page l of 4 Boynton Beach, FL Code of Ordinances PART III LAND DEVELOPMENT REGULATIONS* CHAPTER 1.5 PLANNING AND DEVELOPMENT GENERALLY EXHIBIT E Sec. 2.1 Quasi-Judicial Authority, functions, powers and duties. A. The CRA board shall have the authority and duty to hear and decide, in a quasi-judicial capacity, administrative appeals, special exceptions and variances. B. Administrative appeals. The board has the authority to hear and decide appeals when it is alleged that there is error in any order, requirement, decision or determination made by an administrative official in the enforcement of any zoning ordinance or regulation adopted pursuant to the section. C. Special exceptions. The board has the authority and duty to hear and decide requests for special exceptions. To decide such questions as are involved in the determination of when such special exceptions should be granted. To grant special exceptions with appropriate conditions and safeguards or to deny such special exceptions when not in harmony with the purpose and intent of this section. The following standards apply to the board power to grant special exceptions: 1. The board shall find that in granting the special exception, the public interest will not be adversely affected. 2. The board may prescribe appropriate conditions and safeguards in conformity with this chapter. Violation of such conditions and safeguards, when made part of the terms under which the special exception is granted, shall constitute grounds for the revocation of the special exception and the certificate of occupancy or occupational license associated therewith. 3. The board may prescribe a reasonable time limit within which the action for which the special exception is required shall begin or be completed, or both. D. Variances. The board has the authority and duty to authorize upon appeal such variance from the teams of a city ordinance as will not be contrary to the public interest when, owing to special conditions, a literal enforcement of the provisions of the city ordinance would result in unnecessary and undue hardship. 1. In order to authorize any variance from the terms of an ordinance, the board must find: a. That special conditions and circumstances exist which are peculiar to the land, structure or building involved, and which are not applicable to other lands, structures or buildings in the same zoning district. b. That special conditions and circumstances do not result from the actions of the applicant for the variance. c. That granting the variance requested will not confer on the applicant any special privilege that is denied by this section to other lands, structures or buildings in the same zoning district. .../48 e3 ? f=templates& fit=doc ument- frame.htm&q=Procedures%20 for%20variances&x=S imp le,9/3/2002 Reference Page" _, of 4 d. That literal interpretations of the provisions of the ordinance would deprive the applicant of rights commonly enjoyed by other properties in the same zoning district under the terms of the ordinance and would work unnecessary and undue hardship on the applicant. e. That the variance granted is the minimum variance that will make possible reasonable use of the land, structure or building. f. That the grant of the variance will be in harmony with the general intent and purpose of this chapter and that such variance will not be injurious to the area involved or be otherwise detrimental to the public welfare. g. For variances to minimum lot area or lot frontage requirements, that property is not available from adjacent properties in order to meet these requirements, or that the acquisition of such property would cause the adjacent property or structures to become nonconforming. The applicant for such variances shall provide an affidavit with the application for variance stating that the above mentioned conditions exist with respect to the acquisition of additional property. 2. In granting a variance: a. The board may prescribe appropriate conditions and safeguards in conformity with this section. Violations of such conditions and safeguards, when made a part of the terms under which the variance is granted, shall be deemed a violation of this section. b. The board may prescribe a reasonable time limit within which the action for which the variance is required shall begin, be completed, or both. c. Where variances of lot area and maximum densities are requested, and such variance, if granted, would cause the density to exceed the density shown on the future land use map of the city's comprehensive plan, the density created shall be construed to be in conformance with the comprehensive plan if the board finds that the variance meets the conditions set forth in this section for granting the same, and the variance would only allow for the construction of a single-family detached dwelling· ~ E. Procedures for variances, special exceptions and appeals of administrative actions. 1. Exceptions. Under no circumstances except as permitted above shall the board grant a variance to permit a use not generally or by special exception permitted in the zoning district involved or any use expressly or by implication prohibited in the applicable zoning district. No nonc6nforming use of neighboring lands, structures or buildings in other zoning districts shall be considered grounds for the authorization of a variance. 2. Review of administrative orders· In exercising its powers, the board may, upon appeal and in conformity with the provisions of this section, reverse or affirm, wholly or partly, or may modify the order, requirement, decision or determination made by an administrative official in the enforcement of any zoning ordinance or regulation adopted pursuant to this section and may make any necessary order, requirement, decision or determination, and to that end shall have the powers of the officer from whom the appeal is taken. A majority vote shall be necessary to reverse an order, requirement, decision or determination of any such administrative official or to decide in favor of the applicant on any matter upon which the board is required to pass under this section. ·../48e3?f=-temp~ates&fn=d~cument-frame.htm&q=Pr~cedures%2~f~r%2~variances&x=Simp~e 9/3/2002 · Reference Page 3 of 4 3. Appeals from decision of administrative official. Appeals to the board may be taken by any person aggrieved or affected by any decision of an administrative official interpreting any zoning ordinance. Such appeal shall be taken within thirty (30) days after rendition of the order, requirement, decision, or determination ?pealed from by filing with the officer from whom the appeal is taken and with the board, a notice of appeal specifying the grounds thereof. 4. Stay of work and proceeding on appeals. An appeal to the board stays all work on the premises and all proceedings in furtherance of the action appealed from, unless the official from whom the appeal is taken shall certify to the board that, by reason of facts stated in the certificate, a stay would cause imminent peril of life or property. In such case, proceedings or work shall not be stayed except by a restraining order which may be granted by the board, or by a court of record on the application, on notice to the officer from whom the appeal is taken and on due cause shown. 5. Heating of appeals. The board shall fix a reasonable time for the hearing of the appeal, give the public notice thereof, as well as due notice to the parties in interest, and decide the same within a reasonable time. Upon the heating, any person may appear in person, by agent or attorney. Applicants shall be required to file a proper form (supplied by staff), a current certified survey accompanied by a fee as adopted by resolution of the City Commission. For procedural purposes, an application for a special exception shall be handled by the board as for appeals. 6. Review of decisions of the Board. Any person may appeal variance, special exception, or appeal of administrative order to the City Commission of the City of Boynton Beach within twenty (20) days after rendition of the decision by the CRA board. The decision of the City Commission shall be deemed final subject only to review by writ of certiorari to the Palm Beach County Circuit Court. 7. Withdrawal or denial of application. a. Upon the denial of an application for relief hereunder, in whole or in part, a period of one (1) year must elapse prior to the filing of a subsequent application affecting the same property or any portion thereof. b. Upon the withdrawal of an application, in whole or in part, a period of six (6) months must mn prior to the filing of a subsequent application affecting the same property or any portion thereof, unless the decision of the board is without prejudice; and provided that the period of limitation shall be increased to a two (2) year waiting period in the event such an application, in whole or in part, has been twice or more denied or withdrawn. c. An application may be withdrawn without prejudice by the applicant as a matter of right; provided the request for withdrawal is in writing and executed in a manner and on a form prescribed by the board and filed with the board at least one (1) week prior to any scheduled heating scheduled before the board concerning the application; otherwise, all such requests for withdrawal shall be with prejudice. No application may be withdrawn after action has been taken by the board. When an application is withdrawn without prejudice, the time limitations for re-application provided herein shall not apply. .../48e3 ? f=templates&fn=document- frame.htm&q=Procedures%20for%20variances&x=Simple 9/3/2002 Reference Pa~ 4 of 4 F. Advertising requirements. Required advertisements for the applicant's request must appear in newspaper of general circulation in the City of Boynton Beach, at least fifteen (15) days prior to the scheduled CRA board meeting. All required notices to surrounding property owners must be postmarked no later than fifteen (15) days prior to that scheduled public heating. (Ord. No. 00-70, § 2, 12-19-00) '"/48e3 ? f=templates& fn=d°cument- frame.htm&q=Procedures%20for% 20variances&x=Simple 9/3/2002 DEVELOPMENT ORDER OF THE CITY COMMISSION OF YHE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: GATEWAY TEXACO (ADAP 02-001) APPLICANT'S AGENT: Beril Kruger APPLICANT'S ADDRESS: 9 NE 16th Street., Del~,.~,' 3each, FL 33444 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: September 17, 2002 TYPE OF RELIEF SOUGHT: Administrative Appeal LOCATION OF PROPERTY: 2360 North Federal Highway DRAWING(S): SEE EXHIBIT "A", "B", "C", "D", "E" 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 o 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: City Clerk J:\SHRDATA\Planning\SHARED\WP\FORMS\Blanks forms folder~Develop. Order Form-2001- Revised.doc Memo To: CRA Board Members From: Douglas Hutchinson - CRA Director Re.' Request by the Mayor and City Commission for the CRA to develop an adaptive reuse plan for the old high school building. Date: 9/5/02 The CRA has been asked by the City to develop an adaptive reuse plan fro the historic high school. The use of the old high school will fit into the up coming the CRA's revised Ocean District Plan. The CRA is seen as the agency in charge of this area's redevelopment. This property has significant impact to the future of Boynton in this area. The Commission asked for an update within 90 days of potential plans. Staff has experience in developing concepts and gathering information to develop such a plan. This information is required whether or not an outside firm is engaged. Staff wishes to generated initial visions for the reuse and report them to the CRA for further direction. 5) Request from the Mayor and City Commission for the CRA to Develop an Alternative use plan for the Old High School. 1) Up-Date on Transfer funds to CRA Operating Account Memo To: CRA Board From: Susan Vielhauer - Controller Re: Operating Account Transfer Date: 9/5/02 Doug Hutchinson and I have met with the Head of Finance, Diane Reese and Doug Hutchinson has met with the City Manager, Kurt Bressner, about transferring the CRA operating account to the CRA's own bank account. We informed them we would have in place the following systems, personnel and accounts. Susan Vielhauer- Degreed Accountant with extensive background in accounting · Independent Computer system linked to City for Payroll processing · Software installed and operational · Account classification matching accounting statuette requirements · Bonding, Professional Liability, etc. · Investment Policy Procedures, Personnel Policy Manual and Purchasing Procedures Policy · Annual Budget We have placed on the Agenda for the City Commission meeting September 17, 2002 for the approval of transfer of funds. We have a backup reserve date of October 1, 2002 if we can not finish any of the requirements. We believe that all the required issues relating to statutory compliance, reporting and procedures are in place so this transition will be completed on time and accurately for the October 1st, 2002 goal. 2) Reminder of ending of Director's Probationary Period. Memo To: CRA Board Members From: Doug Hutchinson Date: 9/4/02 Re: CRA Director's Probationary Period FYI... The 90 day probationary period for the CRA Director is over as of September 4, 2002. As per agreement, the only change is an adjustment in fees paid to the full contract amount of $80,000 from the probationary period of $77,500.00. Please let me know of any comments as to performance or other issues. 3) Review Comments for Fa(;ade Grant Program Revisions for 2002/2003 and direction for existing applications. Memo To: CRA Board Members From: Doug Hutchinson Date: 9/4/02 Re: Faqade Grant Program Review We have several inquiries and two applicants requesting Faqade Grant Program Funds. Please give me any comments you have on the proposed new program (which you have been given previously) so that those items can be addressed in the revision draft. Please give direction as to the two applications that are existing. They are very small and could be processed under the existing program or should we have them continue to wait? 4) Up-date on Office Space. Memo To: CRA Board Members From: Doug Hutchinson Date: 9/4/02 Re: Office Space Update Have not been able to secure office space in the Bank of America Building yet. Wiener building is being re-offered to us, with provision for new building front and up to 3,400 sq.ft. ~ $12.00 / triple net. It will be ready in 30 to 60 days. 6) Board Up-Date on Ocean District Plan. Memo To: CRA Board Members From: Douglas Hutchinson - CRA Director Re: Up Date on Ocean Distdct Plan Date: 9/5/02 The CRA by statute is required to up-date its area plan. The CRA area has been broken into five areas for planning purposes. They are The Heart of Boynton, Federal Highway Corridor, Ocean District, Boynton Blvd. and Industrial area. The first two up dates are completed. Ocean District is being updated at this time. Public input will be sought shortly. I asked that the CRA Board be bdefed and have the opportunity to directly make comments. I have been involved at a staff level also. This plan then becomes ours, so I wanted the CRA Board to be kept abreast of the process and have input. Margelly Beltran from the Planning department who is heading the study team at the City has been asked to provide information. The CRA budget for 2002/2003 has funds for the Boynton Blvd. study up date and the Industrial Area is proposed to be dropped from the CRA area. DEPARTMENT OF DEVELOPMENT Planning and Zoning Division Memorandum PZ 02-185 TO: Doug Hutchinson, CRA Director TROUGH: FROM: DATE: RE: Mike Rumpf, Director of Planning and Zoning Margelly Beltran, Project Manager ~ September 5, 2002 Ocean District Community Redevelopment Plan In response to your request for an update on the above referenced project, I trust you will find the accompanying report and this memorandum adequate. However, please contact me should you need additional information. Attached is a copy of the Preliminary Results Report. This report is a synthesis of the recommendations and suggestions generated during the In-House Workshop and the Public Visioning Session. Three alternative plans were designed based on the results of this report. These three alternatives were reviewed on August 27th, 2002 during the In-House Workshop #2 with City staff and yourself in attendance. The three alternatives will be reviewed at a second Public Visioning Session to be held sometime in October. As a result of the second round of workshops, staff will generate a fourth concept (Alternative 4) based on all comments and additional suggestions collected. This alternative will constitute a final redevelopment plan, which will then be presented to the CRA Board and City Commission. 7) Incentives Program Outline for CRA Cash Contributions. Memo Subject: Incentive Program Requirements From: Doug Hutchinson Date: 9/5/02 The Following items are suggested elements to be considered for projects requesting CRA TIF funds as incentives. This outline will be developed into a formal program with Application Document, Rules Guidelines and Reporting Requirements. Feasibility Study (dated within 12 months of request) - The Study shall contain the following elements: Description Appraisal Cost of Construction Breakdown Balance Sheet - Equity and Debt Project Funding Sources and Uses Cash-Flow Analysis Narrative of the Request outlining amount, term and preferred structure of the Incentive. Impact Study forecasting CRA and City impacts. Including CRA TIF revenue forecasting. Projected Time Table for Project Job Creation - Direct and Indirect A Direct Job is fulltime-permanent employment by the developer in the project. An Indirect Job is a fulltime or part-time job created as a direct result of the project, but the employee is employed by another besides the Developer; i.e., construction, new stores, new businesses, etc. No incentive shall exceed 80% of the new direct TIF revenues from the project. No incentive shall be longer than 10 years in duration. Project must demonstrate need for incentive. Project owner shall have a minimum equity in the project (by the enc~ .. 7 '~.he incentive period) of 4 times the cumulative total of the CRA incentives, debt service is excluded from the calculation. Penalties for non-performance shall apply- "Claw Back" provisions. Incentive requires signed contract and reporting agreements. Minimum Project Size for New Projects - $5,000,000 Minimum Project Size for Historic Restoration Projects - $500,000 Review of Trash Collection for the CRA Area. MEMORANDUM TO: FROM: DATED: RE: CRA Board Members Douglas Hutchinson, Director July 26, 2002 Tra.~h Collection Issues Board Member, Don Fenton has asked that the issue of exclusive City trash service be discussed. He feels it impairs development 'and that consideration of private sector' services should be looked at for the CRA Area. Review Staff recommendations for section of a Firm for the CRA Signage Program and subsequently, to development and negotiate a consulting contract for the ~.~A Signage program and bring proposed document to the CRA Board for Final Approval. Z rn 'D 0 Request for Qualifications for Architectural/Engineering Services for the Construction of the Extension of Boynton Beach Blvd. and the Promenade Phase I, II & III Located Adjacent to the Madna Project. Memo To: CRA Board Members From: Doug Hutchinson Date: 9/4/02 Re: RFQ for Boynton Beach Blvd. extension, Promenade and Riverwalk. The RFQ for the Boynton Beach Blvd. extension, Promenade and Riverwalk is being reviewed and developed by staff and assigned board member. As of publication of this agenda that work has not been completed. If finished, a draft will be presented at the meeting. Memo To: CRA Board Members Yrom: Doug Hutchinson Date: 9/4/02 Re: Controller Position I have received over 140 resumes in response to our advertising for a controller. I have interviewed the two qualified applicants and wish to hire Susan Vielhauer. Susan is by far the most qualified person for the job. She comes from the non-profit world, has written and received grants, has an accounting degree, is very computer literate, worked with boards, established accounting systems, run human resources, benefits, insurances, payroll, taxes, etc... Her resume is attached for your review. She fits ours needs perfectly and she has many years of experience. Her references are excellent. The reason she is applying with the CRA is that her husband was relocated to the area. They own a home in Boynton. She has a very stable work history, that is to say that she has not gone from job to job, but instead has worked her way up in each position. Her salary needs are very reasonable. I would propose to offer her $40,000.00 per year on a professional services contract for a one-year term. This would be an interim measure until our policy manual is approved to enable the CRA to have employees. At the time that the employee would receive benefits in addition to the base salary of $40,000.00. Susan was brought to us by Robert Half employment agency and if she is hired, a fee of 25% or $10,000 would be due. If hired, Susan will be on probation for 90 days, which if she is released during that period, Robert Half would find someone else or refund the fees. AL~-14-88~ 89:17 FROM: COreM R~DEVELOPMENT 561742~B89 TO: 5617426298 P. 8~ ]ROBERT HALF FINANCE & ACCOUNTING Au~st 1~,, 2002 Boynton Beach Co_rain,mit7 R~l~,,elopmcnt A~cr~cy East Woolbrighi Boynton Beach, Floricta 334~ ATTN: Doug Ru~chiason De~r Ok, is: I sm looking forward to the opportunity to assist you in your ay, arch ~or ~hc ~ight p~rson to joiu you team. t>tsa-" As discuss~ the fez for candidates hired by Comm~mity Redevelopment Agency will be 25% p~m'it of thc aSreod annual salary, wiih thc total f~ duc within l 0 .days ~,om the candidate's start dat~. Our standard 8tmrant~e will apply, with thc option of providin$ a replaoement or s credit, assumin8 the payment terms have been m~. If you agr~ with thasc t~rms, please confirm by signing below and r~turning this document by fax ~your ~arli~st convcni~mce, I look forward to a long and rewarding relationship £or both our companies. Sincerely, ''~ Doug~hiso~ - Date / / Hall Intar.~tionml Cam#any CONTRACT FOR SERVICES THIS CONTRACT is entered into between the Community Redevelopment Agency of the City of Boynton Beach (hereinafter referred to as "CRA") and Susan Vielhauer (hereinafter referred to as "CONTRACTOR"), Social Security Number /?tS -.ff-/- V2¢,fl TERMS~ CONDITIONS~ AND COVENANTS Accordingly, based upon the foregoing and in consideration of the mutual covenants and promises contained in this Contract, the CRA and CONTRACTOR agree as follows: ARTICLE 1 Contract for Services 1.1 The CRA hereby contracts with CONTRACTOR hereinafter set forth, on a professional services contract basis. ARTICLE 2 to provide services as Services Provided 2.1 Principal Services. The CONTRACTOR shall provide regular and normal controller services as assigned by the CRA. ARTICLE 3 Compensation and Benefits 3.1 The CRA shall pay CONTRACTOR an annual compensation of Forty Thousand Dollars ($40,000.00) for all services performed to be paid on a biweekly basis. 3.2 CONTRACTOR shall be entitled to no benefits whatsoever. ARTICLE 4 Dc~ ~'on of Contract 4.1 This Contract shall be for a one-year period and may be canceled immediately upon notice given by the CRA's Executive Director to CONTRACTOR. ARTICLE 5 Status as Independent Contractor 5.1 The CONTRACTOR shall at all times occupy the status of independent CONTRACTOR and not the status of employee. The CONTRACTOR shall be responsible for the payment of all taxes on monies earned and shall not be a covered employee of the CRA for health insurance, life insurance, social compensations purposes. security, unemployment compensations or workers' ARTICLE 6 Qualifications 6.1 The CONTRACTOR warrants that she is qualified to perform all required duties under this Contract. ARTICLE 7 Waiver 7.1 The CRA waiver of any breach of any term, condition, or covenant of this Contract shall not constitute the waiver of any other breach of the same or any other term, condition, or covenant of this Contract. 8.1 8.2 ARTICLE 8 Non-Assignability and Subcontracting This Contract is not assignable. CONTRACTOR shall not subcontract any portion of the work of this Contract. 2 ARTICLE 9 Irlsurarlce 9.1 The CONTRACTOR shall secure insurance for at least the term of this Contract, as follows: Worker's Compensation coverage on a policy established to Statutory Limits or supplies an affidavit that the CONTRACTOR is exempt from the State Statute, General Liability coverage with a minimum of $1,000,000 per occurrence, Professional Liability coverage with a minimum of $1,000,000 per occurrence, Employer's Liability coverage to include a t minimum limits, if applicable: Each Accident $100,000 Disease, Policy Limit $500,000 Disease, Each Employee $100,000 Contractor shall obtain Certificates of Insurance showing listed policies and coverage in force. A full and complete DESCRIPTION OPERATIONS / LOCATIONS / VEHICLES / SPECIAL ITEMS shall be noted. Insurance companies providing coverage shall maintain a rating by A. M Best & Co., of no less The CRA shall be named as an additional insured on all policies. The Cancellation notice shall include a thirty (30) day written notice requirement to the CRA of policy cancellation. Upon approval of CRA, CONTRACTOR shall be reimbursed for the cost of the insurance as stated in Article 9. ARTICLE 10 Severability of Provisions 10.1 If any provision of this Contract or the application of any provision to any party or circumstance shall be prohibited by or invalid under applicable law, the provision shall be ineffective to the extent of such prohibition or invalidity without invalidating the remaining prsvisions of this Contract or their application to other parties or circumstances. ARTICLE 11 Governing Law and Venue 11.1 This Contract and the terms, conditions, and covenants contained in it shall be governed by and construed in accordance with the laws of the State of Florida, and any action brought in connection with this Contract shall be brought in Palm Beach County, Florida if in State Court and in the Southern District Court of Florida if in Federal Court. ARTICLE 12 Integration of All Contacts and Understandings 12.1 This Contract contains the entire Contract between the CRA and CONTRACTOR. All prior Contracts and understandings, whether written or oral, pertaining to the this contract with CONTRACTOR are fully abrogated and of no further force and effect fi:om and after the date of this Contract. 12.2 Regardless of which party or partes counsel prepared the original draft and subsequent revisions of this Contract, CONTRACTOR and the CRA and their respective counsel have had equal opportunity to contribute to and have contributed to its contents, and this Contract shall not be deemed to be the product of and, therefore, construed against either of them. 12.3 The omission fi:om this Contract of a term or provision contained in an earlier draft of the Contract shall have no evidentiary significance regarding the contractual intent of the parties. ARTICLE 13 Execution of Contract 13.1 This Contract may be executed in duplicate or in counterparts, each of which shall be deemed an original and all of which together shall be deemed one and the same instrument. No term, condition, or covenant of this Contract shall be binding on either party until both parties have signed it. 4 ARTICLE 14 Notice 14.1 Whenever any party desires to give notice unto any other party, it must be given by written notice, sent by certified United States mail, with remm receipt requested, by hand delivery or by facsimile transmission with receipt of delivery, addressed to the party for whom it is intended and the remaining parties, at the places last specified, and the places for giving of notice shall remain such until they shall have been changed by written notice in compliance with the provisions of this section. For the present, the CRA and the CONTRACTOR designate the following as the respective places for giving of notice: CONTRACTOR: Susan Vielhauer 7611 Sonesta Shores Dr. Lake Worth, F1 33463 Douglas Hutchinson 124 E. Woolbright Boynton Beach, F1 33435 EXECUTED on the respective dates set forth below. CONTRACTOR: COMMUNITY REDVELOPMENT AGENCY OF BOYNTON BEACH: By: Dated: D~G~-S H~C~--INS-ON ExecutiVe Director H:\I990\900182.BB\CONTRACTSXDnffiConlract fo~ T~-~.ix)rary S~vices.doc Review of Insurance Policies and Bonding submitted by Controller for CR,~ ~qverage and consider reimbursement of costs as per the Employment Agreement. 09/06/02 FR! 12:21 FA~ 561 683 8390 COLE INSURANCE ~002 "2002 Ms. Susan V'ielhauer 7611 $onesta Shores Rd lake, Worth, FL 3346.5 .RE: Insurance 'Dear Susan: President . B :D....'COLE,.iNC.', Insurance Consultants and A~ent~ Since 1919 ..... Pursuant to your inquiry of 9/4/O2,. please 'find belOw a synopMs of COverages and · ,., ..premiums. . ,. . ...., ".Professional Liability with limita of $1,000,000/$JiOOO,'OOO'anda $2,500 deductible for an anmaul premium of $1,474.20 (indication only). 'General Liability with a limit of $ l, O00, O00 / $2,000, O00 for an ar~ntal premium of...'" . ........ Surety Bond (Employee dishonesty) with a limit of $100; 000 for an annUal premium of' '" · ...... $.52~.o.5 (quote). '. '"' I am in the process of firming up the Professional Liability premium, and will aaM'se .. ' upon receipt. . ... " ...... .... "Please call with any questions you may bevel'. ...... ' .... .. .....'"" .. '.~ rrar~ you, .... . . '. .., · 2240 palm·Beach Lakes Blvd." *.West' Palm' !Beach; Flofi'~i~i351409- ','..' · ' .. ........ .."' .......' ... Phone: 561-683-8320 · Toll Free:' 800;330-8327 · FAx: 561-683-8390 ...... ' ,' . www. bdcole,com .'" '."' .).' PRELIMINARY RESULTS REPORT Ocean District Redevelopment Plan With Building Footprints . o BOYNTON BEACH Bi. VD 1 ST AVE OCEAN 2ND AVE 2ND AVE OCEAN 1 ET AVl Ocean District Community Redevelopment Plan City Of Boynton Beach Developemnt Department Planning & Zoning Division Ocean District Commuidn~' Redevelopment Plan Prelim bmrv Results Report I. Introduction: On Thursday, January 31, 2002, the City of- Bovnton Beach held an In-House Workshop with the participation from select city staff and upper level administration. The [n-House Workshop, an intensive three-hour brainstorming session, was divided into several components: · Phase [ Report Presentation · Presentation of the To~vn Square Conceptuai ,¥[aster Plan; and · Team Visioning Session. During the Visioning Session, participants were divided into three (3) ~oups, each t'aciiitated by a representative from the Development Department, xvith the goal to design a conceptual master plan for the study area. Each group was" to let their imaginations run witd and think of the study area as a giant vacant lot". The workshop was concluded with the presentation of each team concept. On Thursday April 11, 2002, city staff held a two-and-one half hour (2 1/2) Public Visioning Session with local residents and property owners. The proffam was similar to the In-House Workshop. As an introduction, the attendees ~vere shown slides from other cities as examples of successful redevelopment progams. Participants were then asked to join one of the four design goups each facilitated by a planner. This Preliminary Report presents the suggestions and proposals made by the individual teams for the study area, begining ~vith each team response to the following questions: · What features they liked; · What features they disliked; · What changes xvould they like to see; and · What would they not like to see changed. This report presents the four (4) conceptual plans and unified vision, and concludes with staff analysis of the similarities and differences in concepts developed by the respective teams. Staff generated a list of the top ten most frequently proposed ideas for the study area, ~vhich are synthesized and mixed into three conceptual alternatives. It is the intent of staff that the final conceptual alternatives be presented to the public and the City Commission. Staff' will then prepare a final plan from the preferred concept. Ocean District Community Redevelopment Plan II. Study Area Map Ocean District Redevelopment Plan With Building Footprints BOYNTON 15T AI/E t. CH BI. VD 11t3' AVE OCEAN AVE OCEAN AVE 2ND AVE OLegend Ratir0ads 1ST AVE 5 2ND AVE 1 ST AVE 2NI) A~, N W ~ ,. E S Ocean District Community Redevelopment Plan II. In-House Workshop Group Findings- Participants. Preferences and Sketches Group 1 Dick Hudson, Senior Planner Jose Alfaro, Planner Wilfred Hawkins, Assistant City Manager Octavia Sherrod, Manager of Community Development Pete Mazella, Assistant to Director of Utilities Nancy Byme, Assistant Director of' Development Hanna Matras, Economic Planner What They Liked: 1. Cluster of cultural attractions 2. Cluster of government facilities 3. Proximity to marina project 4. Availability of infrastructure What They Would Like to see: 1 .Encourage town homes in the area north of S.E. 1st Ave. 2. Entry. ~vay character to Boynton Beach Blvd. 3. Maintain single family area on southeast comer of study area 4. Opportunities for personal services and entertainment 5. Landscape on Seacrest Blvd. 6. Mixed-Use area fronting Ocean Avenue and Boynton Beach Blvd. 7. Height of buildings (3-4) Stories What They Disliked: l. Zoning & Land Use (Variety) 2. Railroad corridor (plus & minus) 3. Need to relocate ,_"vi-I uses What They Would Not Like To See: 1. More areas zoned R-2 (duplexes) 2. Post Office to stay on South Side of Bo.vnton Beach Blvd. Ocean District Community Redevelopment Plan Group 1 Group 2 Margelly Beltran, Planner Eric Johnson, Planner Quintus Greene, Director of Development Dale Sugerman, Assistant City Manager Joe Sciortino, Director of Golf Course John Wildner, Director of Parks Jim Ness, Dep. Chief of Fire Department Barbara Meacham, Landscape Architect What They Liked: 1. Block layout of study area 2. Cluster of government facilities 3. Proximity to marina project/ bridge 4. Availability of infrastructure 5. Ocean Avenue as a "Main Street" 6. Existing mature trees in Town Square 7. Quick access to state highway 8. Low property acquisition cost 9. Vacant lots adjacent to Railroad 10. No drainage issue (new system) 11. Varied zoning uses What They Would Like to see: 1.Satellite college campus 2. Mixed-Use on Boynton Beach Blvd. 3. Preserve single family neighborhood 4. Buffering Railroad tracks 5. Create train station near tracks 6. Mixed-Use area (fronting Ocean Avenue) 7. Height of buildings (3-4) Stories 8. Town homes to replace existing condos and duplexes 9. More green areas What They Disliked: 1. Poor pedestrian connections 2. Poor parking 3. Development parcels not clustered together for development 4. No central attraction 5. Suburban zoning code for an urban area 6. Underutilization of the commercial parcels fronting Boynton Beach Blvd. 7. Visually nothing pleasing 8. Lack of color-everything monotonous 9. Residents (long established) 10.Boynton Beach Blvd. not pedestrian friendly What They Would Not Like To See: 1. Maintaining police surface parking 2. Boynton Beach Blvd. to stay the s2a-'ne Ocean District Community Redevelopment Plan $ ETCHE$ Group 2 CRv Of Bo,/nton Beach .-- ,.=, ,¢-,~,,~r Department ~.,e, ._.CO ...... :'arn~rg Z Zoning Divisio~ !X'-H©LiSE \ \ '© P~ KS H O 12 Group 2 Sketch 2 Group 3 Maxime Ducoste-A., Planner Lusia Galav, Principal Planner Jeff' Livergood, Director of Public Works Dan De Carlo, Neighborhood Specialist Kurt Bressner, City Manager Marshall Gage, Chief of Police Vir~nia Farace, Director of Library Wally Majors, Director of Recreation Dept. What They Liked: 1. Municipal complex being a transition between east and west 2. Ocean Avenue as a core What They Disliked: 1. Condo's at 1st Street are a detriment 2. Boynton Beach Blvd. 3. Lack of parking What They Would Like to see: 1. Include residential area south of 2nd Avenue to be included in project 2. Mix-Use on Boynton Beach Blvd. 3. Alleys to become walkways as a transitional element 4. Buffering Railroad Tracks; to become pedestrian walkway 5. Bicycle path on Ocean Avenue towards beach 6. Boynton Beach Blvd. east of Seacrest to be reduced in width, with on street parking and nice streetscape What They Would Not Like To See: Ocean District Community Redevelopment Plan Group 3 II. Public Visionin~ Session Group Findings- Participants, Preferences and Sketches Group 1 Margelly Beltran, Urban Designer/Planner Fred Violette, Resident/Owner Kaithleen Violette, Resident/Owner Karen Okenica, Resident/Owner Micheline Many, Resident/Owner Jack Dirnke, Resident/Owner What They Liked: 1. Ocean Avenue 2. Scale of study area What They Would Like to see: 1 .Dense landscape buffer along train tracks 2. Multi-story parking garage (South of Boynton Beach Blvd. and north of Ocean Avenue 3. Maintain single family area on southeast comer of study area 4. Preserve High School and ~ncorporate into city complex connecting City Hall via above street covered walkway. 5. Return ori~nal street names; Palm Street (3rd Street) 6. Fountain (interactive?) across from old school. New park with sculpture garden setting. 7. Built townhomes where condos 8.Mixed Used 5 story buildings along Boynton Beach Blvd. 9. Pave wide sidewalks and landscape median on Boynton Beach Blvd. 10. Work on 50's color theme for area (Chevy Aqua, Studebaker Coral, Desoto Purple) What They Disliked: 1. Railroad Tracks: better gates and night time horn blowing 2. Not incorporating Old High School into Town Square Plan What They Would Not Like To See: 1. Not make any changes! Ocean District Community Redevelopment Plan PL!BLIC \'IqI©XIX'G SESSION GR©LtP SKETCHES Group Group 2 Hanna Matras, Economic Planner Juis Leon Valdez, Resident/Owner Victoria Johnson, Resident/Owner Karl. Hobschaidt, Resident/Owner Claudia Hobschaidt, Resident/Owner Michael A. Parker, Resident/Owner What They Liked: t. High School building 2. Ocean Avenue streets, cape ~mprovements. What They Would Like to see: 1 .Constructing Paved Intersections 2. Improved alleyways 3. Road fight-of-way that was not used- Use it and make it a one-way street, along 3rd Street 4. Historic district 5. Relocate Post Office building and have public buildings on NE comer of Boynton Beach Blvd. and Seacrest 6. Bed & Breakfast- maintain general outlook of street while allowing a variety of different businesses 7.Mixed Used 45' buildings along Boynton Beach Blvd. 8. Trolley services 9. Parking garages What They Disliked: 1. City's reputation for doing Nothinq 2. No plans of City to save Old High school building 3. The many changes in Commission 4. Displacement of residents 5. Code Compliance building image What They Would Not Like To See: 1. Post Office kept were presently is Ocean District Community Redevelopment Plan PUBLIC VISIONING SESSION GROUP SKETCHES 2 City Of Boynton Beach Developemnt Department Planning & Zoning Division Group 3 Mike Rumpf, Director of Planning and Zoning Irene Koumiss, Resident/Owner Libby Langan, Resident/Owner Denise Hilbert, Resident/Owner Anne C. Oneill, Resident/Owner Gordon Crawley, Resident/Owner What They Liked: 1. Police Station in area 2. Convenience/Deli use in vicinity What They Would Like to see: 1.Clothing stores 2. Major grocery shopping center 3. Maintain "Old" Florida character in the redevelopment effort 4. Keep convenience/deli store in area 5. Add sidewalks 6. Keep police station in neighborhood 7. Continue streetscape improvements on US- 1 and 1 st Street 8.Improvements should match existing scale and charm 9. Move Civic Center What They Disliked: 1. Post Office circulation and appearance What They Would Not Like To See: Ocean District Community Redevelopment Plan PLIBLiC \'ISIO.x,'i.NG SESSION' GROLIP SKETCHES Group 3 Group 4 Quintus Greene, Director of Development Department Ruth Jones, Resident/O~vner Patel Rajesh, Resident/Owner Bertha Welch, Resident/Owner Bu Kenyorr, Resident/Owner What They Liked: 1. The Study area the way it is currently What They Would Like to see: 1 .Retail in Boynton Beach Blvd. 2. Maybe mixed- use on Boynton Beach Blvd. 3.Maintain residential What They Disliked: 1. Nothing What They Would Not Like To See: 1. Study area to change Ocean District Community Redevelopment Plan PL!BLiC \'iSiOX'!XC. SESSION ~OLIP Sx~ Lin. ES Group 4 C;t'/Of Bovntcn Beac;n IV. Staff Analysis of Group Findings A review of the seven individual group plans indicates that there where ten similar concepts or themes that each group included in their plans. These general common themes are discussed below. A. Zoning: The growing interest in mixed-use prompted most teams to suggest mixed use as a component of their design proposals. Also, groups recommended that building heights be increased above five stories. While a variety of permitted and prohibited uses were discussed, most teams suggested varying combinations of residential, retail and service commercial, office and civic/governmental uses. Allowable uses, mixture of uses, density and height limits, as well as other site-related controls are best regulated through amendments to the Future Land Use Map and rezonings. B. Architecture: The team promotes the creation of a sense of place within the study area, through the establishment of building scale, color and architectural style. Two teams specifically suggested that the style for new developments should be similar in character to what is existing: the "old Floridian" style. The teams also discussed the importance of preserving the existing scale within the study area, and 5 stories was suggested as the maximum height. C. Railroad Tracks: Nearly, all groups recommended the additions of considerable buffering of the railroad tracks. They recognized both the sound mitigating benefits as well as the aesthetic enhancement of such buffering. All of the public visioning teams felt that the existing crossing gates are not safe nor pedestrian-friendly. Another recommendation made by the groups is to use a train station theme to revive the historical character of the area. D. Parking and Vehicular/Pedestrian Interconnectivity: Several groups agreed that the surface parking lot on the northwest comer of Ocean Avenue and 1st Street was not ideally located and should be replaced with a higher and better use. They also suggested that the parking garage proposed on the Town Square Conceptual Plan should be moved to a vacant lot near the Railroad Tracks. One group recommended that the proposed parking garage and existing surface parking lot should be connected to the City Hall Complex via an above-ground, roofed pedestrian structure. Ocean District Community Redevelopment Plan The same team proposed a trolley system to connect the study area with the downtown. Many groups agreed that there should be more paver-enhanced intersections like the ones on Ocean Avenue, Boynton Beach Boulevard and Seacrest Boulevard. Most teams recommended that the city should redesign the streets in the study area to be more pedestrian-friendly with wider sidewalks, landscape "bump-outs" and visible crosswalks. One team suggested the use of the alleys for vehicular circulation, for interconnectivity and to reduce vehicle trips on collector and local streets. E. Boynton Beach Boulevard Most groups viewed the current speed of vehicles on this roadway as detrimental to the function of the study area. Not only did the groups see the high speed as a public safety concern, but also as a deterrent to pedestrian movement in the area. Recommendations included the installation of pedestrian cross-walks using brick pavers, landscaped roadway medians, street furniture, wider sidexvalks and on-street parking to calm traffic speed. Many groups agreed on proposing mixed-use development fronting Boynton Beach Boulevard. The buildings were envisioned with commercial or office uses on first and residential on the upper floors. All groups recommended the addition of landscaping along the corridor. F. Town Square One-half of the in-house groups agreed that the proposed plan for Town Square was impressive and interesting and only suggested minor changes. However, the Public Visioning teams, criticized the conceptual plan mainly due to the elimination of some homes and the old high school. A controversial element in the plan is the demolition of the old high school building. Most of the public teams felt that the high school should be preserved and rehabilitated into a civic/theater space, and the area proposed on the plan as the new civic/auditorium space be turned into a park with an interactive fountain and a sculpture garden, "Center of Green Space." Some groups also recormnended that lusher landscaping be planted with colorful flowers, instead of the colorless existing landscape. Overall, most teams a~eed that Town Square should become a civic and cultural center for the city. G. Ocean Avenue: The teams proposed that Ocean Avenue become the downtown's main street. Ocean Avenue underxvent a streetscape modification process that residents and owners were very please with. One team suggested that Bed & Breakfasts front the street along with a "light" mix-use development. Staff interprets as smaller scale buildings with max. heights of two stories. Another recommendation by the teams is to make the intersection of Seacrest Boulevard and Ocean Avenue more of a focal point, perhaps with a roundabout, creating a formal entry to Ocean Avenue and the downtown. The other suggestion was to design a bike path on Ocean Avenue that would take advantage of the connection of the bridge to the beach. Ocean District Community Redevelopment Plan H. Residential: Most of the teams agreed that the southeastern section of the study area should remain with single-family housing. Three teams proposed town-homes for the area between 1st Street and 3rd Street. Most teams agreed on integrating mixed-use (commercial/office and residential) development on Boynton Beach Boulevard and Ocean Avenue. Again teams desire to limit new buildings 5 (5) stories high. I. Concluding Remarks City staff will now begin the process of reviewing all options and generate three (3) conceptual desig-n alternatives. These alternatives will then be presented to the public via another public workshop, followed by presenting the most preferred concept to the City Commission. A final plan will then be generated. Ocean District Community Redevelopment Plan Consideration of approval of a CRA Secretary. MEMO TO: CRA BOARD FROM: DOUG HUTCHINSON REF: SECRETARY POSITION DATE: 9~4~2002 It is proposed that the candidate will start on 10/1/2002. The selection process generated nearly 100 resumes. The proposed person, Annette Gray, was one of four finalists interviewed. She has an MBA and teaches business classes. She has extensive communication skills, event and marketing experience. She is well versed in wdting for newsletters and has experience in web site design and development. She is very computer literate. Her personality is groat for interaction with co-workers and public. She seems to have the skills and experience to eventually move up to an Assistant position. Her resume is attached. The firm that brought her to us is A&A Associates, who is a local minority owned business. They also offer employment services so intedm status can be under contract until employee status is ready. There is clear and sizable work for her to do now. We have our computer system in now and there is a spot in the current office for her to work. I therefore request that we engage Annette Gray for the CRA Secretary position at a salary of $35.000.00 per year with benefits when available. The current secretary scope of work is: A. Property Inventory Listings in the CRA- Location Map, Data Sheets and Photos B. Phone List- Electronic C. CRA Board Package Preparation and Procedures D. Newsletter Development E. Media Tracking - Articles of interest and articles on the CRA F. Files/Photos/Maps - develop and maintain system G. Minute Book- Open Meetings requirements H. Office Supply Inventory I. Project Information Files J. Compile Information for brochure for CRA K. Power Point Presentation Preparations L. Office Systems Operation M. Meeting Book Deliveries N. Meeting Room Set-up O. Phones/Mail P. Dailey Issues serving the public Q. Coordination of project meetings. Employment Services [FEES AND GUARANTEES~ Thank you for your confidence in our placement services. We appreciate this opportunity to serve you! ~EE SCHEDUL~ Our hourly billing rate for Annette Grey is $17.10. Our Placement fees, paid by the employer, are contingent upon the hiring of a candidate referred by A&Associates. Our standard Placement fee is 20% of the 1st (90 days) year Salary or 9.85 per hour for 720 hours We invoice weekly and invoices are due upon receipt. P~yroll Servicin~ A&Associates will handle all payroll related services until the City of Boynton Beach elects to hire ~GUARANTEEJ We offer a 60-day replacement guarantee. The guarantee is contingent upon compliance with our normal payment terms. CONFIDENTIALITY1 We appreciate your confidence in us. We will handle your placement with professional donfldentiality and ask that all candidate referrals be treated accordingly. A&Associates Andrew Luchey Title Signature Date Boynton Beach CRA Douglas Hutchinson Title Signature Date 2401 SW 1= Street: Boynton Beach, FI 33435 · (561) 533-5303 · Fax: (561) 533-3858 Website: Associatestaffing.com k Assc¢iates Employment Services "TEMP TO HIRE" POLICY If you choose to hire a candidate who ia on a temporary assignment in a full-time capacity, our fee is our Standard Fee less a discount of 33% for every 240 temporary billable hours worked by the candidate. T.herefora, that client can hire any A&A candidate who Works approximately 90 days with, one client, without oavin- a Placement Fee. Payment is due within 10 days of the candidate's start date. A&Associates Andrew Luchey Boynton Beach CRA Douglas Hutchinson Signature Signature Title Title Date Date 2401 SW 1~' Street, Boynton Beach FI 33435 · (561) 533-5303 · Fax: (561) 533-3858 Website: Associatestaffing.com A As ¢iates Employment ~ervices THE.SEARCH PROCESS While we do not have a "set" approach to our search process, the following eight steps are typical in many of our recruiting efforts. POSITION DEFINITION/JOB DESCRIPTION Includes an on-site client visit by A~,Z~ssociates and a complete candidate profile. e TELEPHONE SOURCING & PROSPECTING Calls are made to selective sources and prospects to identify qualified candidates. PROSPECT INTERVIEWING/EVALUATION/SCREENING In-depth interviews are conducted by A~u~,ssociates Employment Services to determine the strengths, appropriate skills and personal chemistry of each candidate. m CANDIDATE PRESENTATION Verbal presentations to the client supported by a written, confidential background summary for each finalist. CANDIDATE INTERVIEW AND PRESENTATION Schedule meetings and monitor the response of the candidate and client. REFERENCE INVESTIGATION A thorough reference check is performed to insure each candidate's suitability. FORMAL OFFER Provide guidance in preparation of the final compensation package. e CONTINUED COMMUNICATIONS At A~u~ssociates Employment Services, we recognize that the placement process is ongoing and not completed when the offer and acceptance take place. We recognize that continued communication is essential component of a long- term relationship. March 20, 2002 Annette Gray Windows 95 Skills Evaluation for Excel 7.0 058355523 Overall Score: ~Basic Questions: Intermediate Questions: Advanced Questions: 90.0% 100.0% 85.5% 78.3% Time Taken: 20 min. Methods Used to Answer Questions Pull-Down Menu: Mouse Shortcut: Keyboard Shortcut Menu: Shortcut Menu: Keyboard Entry: Wrong Answers: 100.0% 100.0% 90.4% 90.0% 89.5% 10.1% Due to recording, scores may not total 100.0% ";i · ,rill I'~.,t~.'r:~. ~ll~hv,,ay ?. ~1 : ~7- I;.'3 Ih~x 246 I}; '~ I~c~ ch ;:h.lida 33004 STATEWIDE ENTERPRISE / \ SECURITY ,$0LIFHON S Bro~ ar,± .)ad¢,,l 0 ~ t I c.'23 Fax (954) 0]5-0!iS; ~ ~ w.~c .:urit> slate STATE%VIDE FAX TRANSMISSION COVER SIf EEr , I C'E h :;.[ D-BONDED-INS URE I) NVE~; I'IiGATIONS: BA('~:C:ROUND CR [;I)'['l- RECORD ASSET SEARCH CRI ',I[NAL CIVIl, UN[q]RCOVER F'HO rOGILAPHY DATE: TO: ECl/[LI.'I'Y SERVICES: PHYSICAL ACC ESS CONTROl, SCI: EENING SE('IIRITY OFFICERS iON,5 1 [I_,'FA_N']"S: S [;C~ .[ R LOSt,, PREVENTION It I,;T, k IL INDtrSTR1AL II D El; SEC URITY SYSTE 5'! S 'HOb'IE BUS.L"IE$S UPFt'(; R ADE/REPAIR EXISTING LEA ~ l; F'ROGRA1VI AVAILABLE RE: NUMBER OF PAGE (S)2'0 FOLLOW: .... /i -- "Customized Secltritj, to Fit Yottr Neeas" : ecur r) Officers · Sect:rity Cameras · Investigations · Acces., 08/22/02 T~.T 06:48 FAX $6[$333858 A&Associates Andrew Luchey A & ASSOCIATES Annette Gray ~1oo:~ 561 533-5303 Phone 561 533-3858 Fax andrew~associatcstaffing, corn RELEVANT PROFESSIONAL EXPEPJENCE: University unct Professor School of Business (9/2001- Present) Jnder Graduate level instruction of the following courses: Principles of Marketing and 2onsumer Behavior Florida Atlantic University/C~ (1/2002-Present) klicro Business instructor ~acilitate courses that provide instm~on in the matters of business start up. Course matexial ~ldresses: Business type, Busiue. ss plan constnmtion, Insurance, Marketing, Taxes, Accounting md the IRS Hem Stet& Corn Internet Marl~ting Consultant (5/2000 - 8/2001) Presented the marketing channel of the Intemet to the Real-estate industry of SE Florida, specifically to Builders. Opened the Miami Market in May 2000 and increased the sites traffic from 8,482 impressions per month to 129,835 unique ~ions per month; as a resul% Builders saw a 85% incan~.se in Unique Customer Requests. Maintained client base through consultation on banner advertising, e-mail Marketing Campaigns,. Web Site development and maintenance. Provided monthly traffic reports that detailed, impressions, clicks percentage and the overall ranking of the client. Represented HomeStore. Corn at several Buildors Association, (Builders Association of South Florida & Latin Builders Association) and Builders conferences (Southeast Builders conference & International Builders Conference) to promote name branding and attract new clients. MBNA America Baalg Delaware/San Francisco, CA/Boca Raton FL (3/93 - 1/00) An International Financial I~titation with a specialty in issuing and marketing a~-ity credk cards Customer Satisfaction Section l~qnager (11/98 - 1/23/00) Managed the efforts of a Customer Seveiee team of twenly and one assistant manager. Provide monthly evaluations, feedback and career growth opportunities. Administrative duties included: interviewing, monthly and daily reporting, created and implemented incentive program% conducted monthly audits and resolved escalated customer service issues. Marketing Direct Mail Production M~n~er (2/98- 11/98) Managed monthly direct marl efforts working with several aff'mity and financial institution based groups, Managed $3 million direct mnil marketing budget for the monthly mail efforts inteaxeacing with Production Shops, Group Adminisla'afion, Advertising, Pricing/Control and Legal. Generated new accounts at or below budgeted costs throngh innovative marketing methods and modeling techniques. Ensured accuracy of all marketing efforts for assigned sectors, assisting Marketing Mana~m to guarantee high accuracy on cost per piece, production schedule, mail quantity and copy accuracy. Ensured all new groups ready to market within 90 drys Of contract $imaing, with analysis of cost per account to yield under-budget results. ' 08/22/02 TEU 06:48 FAX 5615333858 A & ASSOCIATES ~004 ANNETTE ,4. GRAY Page Sports Marketing/Promotions Events Manager (4/97 - 2/98) Plznned and managed event mn~keting ~or such clients as the LA Lakers, Dodger% Mighty Ducks and Arizona Cardinals, maximizing application volume and efficiency. Arizona Cardinals resuhed in two of the top seven application totals in the history of the program. Served as liaison between clients and MBNA to design promotional events and develop program content, interacting with a team of:5 within a $1.7 billion budget Managed and tracked event expenseafoudgets within a planned program. Managed event activities including the researching of venues to promote eveuts. Developed/msn~o.~d dates, themes, levels of attendance, locations/logistics, staff management, event set-ups/booth space, security, storage, inventory and contra~ts. Facilitated the promotion event management proc~ to ensure efficiency, accuracy and timeliness, achieving goal on over 93% of events vs. a standard of 75%. Acquired over 34,000 Sports Promotions Accotmts. C~omer Advocate ii, Loyalty Marketillg 0/95 - 9/95) Implemented marketing strategies to promote a loyal customer baae, employing business development t~chniques to tfa~£er balances from other credit card~., Designed and Managed Department News Letter. Served as Mentor to new Advocates. PRIOR EXPERIENCE: BancroR Elementary School, Wilmington, DE - Teacher Downingtown Indusl~ial and Agricultural School, Downingtown, PA Residential Dormitory Supervisor (9/92 - 3/93) (11/89 - 5/92) EDUCATION: MBA, Wilmington College, Wilmington, DE May 2000 BA, Mas~ Communication~ aadFreac~, Lincoln University, Ex-ton, PA (1991) Certifu:am - De langne Civilization and Litemtnre, So~e University, Paris, France (1990) Coursework in Mass Communications, Temple University (1988 - 1989) Continuing Education in Personal Computers, American In~fitate of Banking ACTIVITIF~ AND HONORS: Act/v/ties and Honors: Recipient of the Robert Enges National Sc, holar~Lip Nine time NCAA All-American in Track and Field Member:. Alpha Mu Gamma National Foreign LanEuage Honor Society Vice President of the International Club Continuing Education Achieving Communication Effectivenesz Diversity in the Work Place Basic Computers (Excel, Microsoft lgord, Power Point, Publisher) The ,geven Tools of an effective Manager Tt~ History of the Internet How to deaign an effective weOsite ~ .i?te for Distance Learning: Blackbow,d Design I&l~, Course Design ~avanced BIac'rd~oard & Course E~iffn Stop 05 02 O~:OOp STRTEWIDbl EM =- J°RiSE, ~ Page I of 1 F, ui, 2ct: R,:~tts D~:: 09/0512002 3:03:01 PM 5 ,:';~r, :h: Statewide MVR - 7yrs ~,~ ':~ FLO~DA MAY NC, T BI [tSED FOR ANY PURPOSE GOVF. t: NEE, BY '['[4; Fl:;.[; l. R_ ~.I.. I',~. IR REPORTING .~,~". F AS DESCRIBED IN 15 U,S.(. Il! 8lA(D), AS, JMF, b} ~1:: ~,. A>~'!['rE ~ (;RAY IAGE: 34 [ I I l AVE !:E GlEN IBIRTHDATEI HGT IR%CE}SEXISOC. SEC, ;?( B,-: FI, 33445-0000i*' - IFI ~. · ~ I~1 -. - D~ ''RS i',:CE~SE ~ ISSUED [ EXPIRES }ORIG :SS JED} SE~CH DATE ~ ........... ~ ~t 11-..8-,8 I 09-05-02 FLORIDA SPECIFIC INFO~TION C',)~ I F : 06-PALM BEACH i~t::: [CTT)q.c : [NONE] ENDORSEMENTS: L]' :' !~E', C ~%SS: [E: RR~UI,AR OPEkATORS LICENSE] I,] '- ,;E ° .Il?OS: ELIGIBLE PL: :U~ ' ~h'i'g AND DL ~.: DE 976425 H~.~ I']UHBI::~ : INSUPJ{NCE MA']?I'ZRS (850)488-7135/OTHER PRCBLPMS (850)48H-914!i, A/~ :i fiT,,' ~:ONVICT RESTORE C!.I2NTY OSJ ,~ qE Dr, TH ;DATE OF, STATE CITY COURT EN%RY TKT, NO. " !NTRIES BELOW COVER THE PAST 7 YEARS ** ~' '[HIS PERSON HAS A DIGITAL IMAGE l:'j .... )]. ] ' --'31-01 P;'~L~IBCH COUNTY UNI,AWFUL SPEED DTS.?OS ITION: GUILTY CONL; 575 CON7-4.0 PTS 5822.,WL 062/45 END OF RECORD - - **~'** END REPORT ***** VI. Director's Report: Project Updates 1) Up-Date on Transfer funds to CRA Operating Accountv/ 2) Reminder of ending of Director's Probationary Period. 3) Review Comments for Fa(;ade Gra¢ Program Revisions for 2002/2003 and direction for existing applications. ~' / 4) Up-date on Office Space. ~" 5) Request from the Mayor and City Commiss, ion f~r the CRA to Develop an Alternative use plan for the Old High SchoOl. 6) Board Up-Date on Ocean District Plan. V' / 7) Incentives Program Outline for CRA Cash Contributions. t,/' VII. VIII. Unfinished Business: None New Business: A. Review Relax Inn Contract and Conditional Items and Consider Approving Purchase and Direction to Set Purchase Closing date. / B. Review of Trash Collection for the CRA Area. Review Staff recommendations for section of a Firm for the CRA Signage Program and subsequently, to development and negotiate a consulting contract for the CRA Signage program and bdng proposed document to the CRA Board for Final Approval. Request for Qualifications for Architectural/Engineering Services for the Construction of the Extension of Boynton Beach BIyd. and the Promenade Phase I, II & III Located Adjacent to the Madna Project. E. Review Candidate fqr Controller and consider approval of contract and fees to Robert Half Agency. / R fl · F. eview o nsurance Policies and Bonding submitted by Controller for C,,~A Coverage and consider reimbursement of costs as per the Employment Agreement.v/ G. Consideration of approval of a CRA Secretary. Any person who derides to appeal any decision of the Community Redevelopment Advisory 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 City 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 Oty. Ptease contact Douglas Hutchinson at 561-742-6~35 at least twenty-four hours prior to the program or activity in order for the City to reasonably accommodate your request. ii- Review and Consideration for approval of the CRA Personnel Policy Manual, ~),,rchasing Procedures IVlanual and Financial Operations Manual. Consideration of 2002/2003 CRA Budget. Memo To: CRA Board Members From: Douglas Hutchinson - CRA Director Re: Request of City funds for the development of an adaptive reuse plan for the histodc high school. Date: 9/5/02 The CRA has been asked by the City to develop an adaptive reuse plan fro the historic high school. The use of the old high school will fit into the up coming revised Ocean Distdct Plan. A new adaptive reuse plan will seek to solve many issues with the structure and it future use(s). The City had budgeted $250,000 to remove the building. I would recommend that the CRA asks to be granted $50,000 for the adaptive reuse plan. Consideration of a Request for City funds for the development of an adaptive reuse plan for the historic high school Memo To: CRA Board Members From: Douglas Hutchinson - CRA Directors Re.' Request of City funds in support of Negotiation for Acquisition of Properties for the Boynton Beach Blvd. extension, the Promenade, Riverwalk and Mangrove Park expansion. Date: 9/5/02 The CRA has been asked by the City to negotiate for the acquisition of property needed for the extension of Boynton Beach Blvd., the Promenade, the Riverwalk and expansion of the Mangrove park area. The CRA requests City funds in support of this proposed acquisition effort in the amount of $385,000.00. IlL Consideration of a Request for City funds in support of Acquisition of Properties for the Boynton Beach Blvd., the Promenade, Riverwalk and Mangrove Park expansion. Memo To: CRA Board Members From: Douglas Hutchinson - CRA Directors Re: Negotiation for Acquisition of Properties for the Boynton Beach Blvd. extension, the Promenade, Riverwalk and Mangrove Park expansion. Date: 9/5/02 The CRA has been asked by the City to negotiate for the acquisition of property needed for the extension of Boynton Beach Blvd., the Promenade, the Riverwalk and expansion of the Mangrove park area. The CRA staff and legal counsel will seek to negotiate a Purchase Option for the Board's approval at a future Board meeting. Consideration of Negotiation for Acquisition of Properties for the Boynton Beach Blvd. extension, the Promenade, Riverwalk and Mangrove Park expansion. COMMUNITY REDEVELOPMENT AGENCY PURCHASING MANUAL TABLE OF CONTENTS TERMS AND DEFINATION ..................................................................... 1 REQUISITIONS ................................................................................................... 9 BIDS & PROPOSALS ....................................................................................... 12 CHANGE ORDERS .............................................................................. 20 REQUEST FOR PROPOSALS ............................................................... 22 PROFESSIONAL SERVICE .............................................................................. 24 CONSTRUCTION CONTRACT ............................................................... 27 PURCHASING / PETTY CASH ............................................................... 31 PURCHASING CREDIT CARD ......................................................................... 33 ASSIGNMENT/CONTROL CARD ............................................................ 34 CRA PURCHASING POLICY MANUAL TERMS AND DEFINITIONS PURPOSE: As used throughout the Purchasing Policies, the words and terms defined in this section shall have meanings set forth below unless the context in which they are used cleady requires a different meaning or a different definition as prescribed for a particular section or portion thereof. DEFINITIONS: Addenda means written or graphic instruments issued pdor to the opening of bids which cladfy, correct or change the bidding documents or contracts. Award means the acceptance of a bid, offer, or proposal by the proper authority. The CRA must award all contracts of $10,000 or more with the exception of emergency purchases. Bid Bond means a form of bid secudty executed by the bidder as principal and by a surety to guarantee that the bidder will enter into, and satisfactorily complete the contract within a specified time and fumish any required performance bond. Blanket Purchase Order is a purchase order that covers the purchase of repetitive type supplies of a like nature for a stipulated pedod of time (12 months). Brand Name or Equal Specifications means a specification limited to one or more items by manufacturers' names or catalog numbers to describe the standard of quality, performance or other prominent characteristics needed to meet CRA requirements. Brand Name Specification means a specification limited to one or more items by manufacturers' names or catalogs. Capital Purchases means all tangible personal property having an original acquisition cost of $500 or more per unit and a probable useful life expectancy of more than one year. This would include the capitalized purchase of any software. Change Order is a written order amending a purchase order. Purchase orders may be amended to correct errors, omissions, discrepancies, acceptable overruns, freight costs, or amendments to contracts, which entail additional cost. Commodities include but are not limited to, commodities, goods, equipment, and material and printing, purchased, leased or otherwise contracted for by the CRA. 10. Competitive Bids or Competitive Offers means the receipt of bids or offers submitted by responsive and qualified bidders or offerors. 11. Competitive Selection and Negotiation is a method of purchasing whereby qualified professional firms are invited to submit "Letters of Interest" and are short listed by an appropriately appointed evaluation committee. 12. Construction means the process of building, altering, repairing, improving or demolishing any public structure or building or other public improvements of any kind to any public real property. It does not include the routine operation, routine repair or routine maintenance or existing structures, buildings or real property. 13. Construction Change Order the proper authority authorizing a wdtten order, directing the contractor to make changes, which the change's clause of the construction contract authorizes. Construction Change Orders will require CRA Board Commission approval. 14. Consultant's Competitive Negotiations Act (CCNA) is the common name for Section 287.055 of the Flodda Statutes conceming the procurement of Architectural, Engineering (including testing), Landscape Architecture, and Registered Land Surveying Services. Letter of Interest and Competitive Selection and Negotiation will procure these services. 15. Contract means all types of binding agreements, including purchase orders, for the procurement of supplies and contractual services. 16. Contractor means any person or business having a contract with the CRA to perform a service or sell a product. 17. Contractual Services means the rendering by a contractor of its time and effort rather than the furnishing of specific commodities, materials, goods, services rendered by individuals and firms who are independent contractors. 18. Cooperative Purchasing means the procurement conducted by or on behalf of more than one government entity. 19. Debarment means a disqualification of a business or person from receiving invitations for bids or requests for proposals or the award of contracts by the CRA, because of previous illegal or irresponsible action, for a specific pedod of time commensurate with the gravity of the offense or the failure or the inadequacy of performance. 20. Designee means a duly authorized representative of a person holding a supedor position. 21. Firm Fixed-Price Contract means a contract whereby the price is fixed, not variable, for the entire life of the contract or until a set quantity of goods or services is delivered. 22. Fixed-Price Contract means a contract whereby the price is fixed, not variable, for the entire life of the contract or until a set quantity of goods or services is delivered. 23. General Services means support services performed by an independent contractor requiring specialized knowledge, experience or expertise. The service rendered does not consist pdmadly of acquisition of equipment of materials. Examples of general services are janitorial, pest control services, and maintenance of equipment. General Services are normally procured through Requests for Proposals or Invitations to Bid. Procurement of general services may include subjective evaluation factors of the submitting firms. 24. Governmental Agency means any agency of the Federal, State, or any local government. 25. GSA Contracts mean contracts entered into by the General Services Administration of the Federal Government (also known as GSA Schedules) and are multiple award contracts containing pdces to be utilized by all Federal Government Agencies. GSA contracts also contain the most preferred customer clause, making the pdces contained in the GSA contracts equivalent with those that are given to the most preferred customer of the vendor. 26. Invitation to Bid means a written solicitation for competitive sealed bids with the title, date, and hour of the public bid opening designated and specifically defining the commodities or contractual services for which bids 4 27. 28. 29. 30. 31. 32. 33. 34. are sought. The invitation for bid will be used when the CRA is capable of specifically defining the scope of work for which a contractual service is required or when the CRA is capable of establishing precise specifications defining the actual commodities required. The invitation to bid will include instructions to bidders, plans, drawings and specifications, if any bid form and other required forms and documents to be submitted with the bid. Letter of Interest (Request for) is a method of selecting a vendor whereby all vendors are invited to submit a summary of their qualifications and state their interest in performing a specific job or service. Mandatory Bid Amount means the dollar threshold at which the formal bid process is required. The Mandatory Bid Amount is currently $10,000. Purchases from $200 to $1,999 require three verbal quotes, and purchases from $2,000 to $9,999 require three written quotes. The current known requirement of any commodity or service will not be divided to circumvent the requirement of the Mandatory Bid Amount. Minority Business Enterprises (MBE) is a business or person in which a recognized minodty group owns more than 50% of the stock. Minodty Businesses must be qualified through certification. Multiple-Award Contracts means contracts, which provide awards to more than one vendor for the same item. The Director may use these contracts when it is determined that the use of more than one vendor is in the best interest of the CRA. Negotiations for Professional Services mean the act of determining terms, conditions, and pdces for the performance of professional services. An appropriately appointed negotiation committee will negotiate with the top ranked candidate from the competitive selection of professional service firms, in an attempt to reach agreement on a contract for the provision of services to the CRA. Notice of Award means the wdtten notice by the CRA to the apparent, successful bidder or offer or stating that upon compliance by the successful bidder or offeror with the conditions precedent to the contract within the time specified, the CRA will sign and deliver the contract. Open-end Contract means a contract whereby an indefinite quantity of supplies, services, or construction are to be procured over an identified time span, as and when needed. Performance/Construction Bond means a bond of a contractor/vendor in which a surety guarantees to the CRA that the work /services will be performed in accordance with the contract documents and may, at the discretion of the CRA, include an irrevocable letter of credit issued by a financial institution or cash. 35. Procurement is the buying, purchasing, renting, leasing or otherwise obtaining any supplies, all functions that pertain to the obtaining of any supplies, services, construction or any other item(s), including description of requirements, selection and solicitation of sources, preparation and award of contracts and all phases of contract administration. 36. Professional Services means any services where the CRA is obtaining advice, instruction, or specialized work from an individual specifically qualified in a particular area. Professional services may include a report, or written advice which may be lengthy; however, the main thrust of the service is not considered labor, but the exercise of intellectual ability. The procurement of professional services does not lend itself to normal competitive bidding and pdce competition alone. These services may be procured by Letter of Interest or requests for proposals and selected through Competitive Selection and Negotiation. 37. Purchase Order means a purchaser's document to formalize a purchase transaction with a vendor, conveying acceptance of a vendor's proposal. The purchase order should contain statements as to quantity, description and pdce of the supplies, services, or construction ordered and applicable terms as to payment, discounts, date of performance, transportation, insurance and other factors 38. Quotation means an informal (verbal) or formal (written) notice by a vendor to the buyer stating the prices, terms and conditions under which they will furnish certain goods or services. 39. Request for Proposals means all documents, whether attached or incorporated by reference, for soliciting sealed proposals. 40. Responsible Bidder or Responsible Offeror means the person who has the capability in all respects to perform fully the contract requirements and the tenacity, perseverance, integrity, experience, ability, reliability, capacity, facilities, equipment, financial resources and credit which will give reasonable expectation of good faith performance. 41. Responsive Bidder or Responsive Offeror means a person who has submitted a bid that conforms in all material respects to the invitation to bid or request for proposals. 42. Selection and Negotiation Committee is a group of persons appointed by the CRA Director to rank in preferential order those professional firms or 43. 44. 45. 46. 47. 48. 49 50. 51. individuals interested in providing services on a particular project and to negotiate a final contract with the highest ranked firm. Services means the furnishing of labor, time, and effort by a contractor, not involving the delivery of a specific end product other than reports, which are merely incidental to the required performance. This term shall not include employment agreements or collective bargaining agreements but shall include both professional and general services. SNAPS is the State Negotiated Agreement Pdce Schedule (SNAPS) which is a State program created to eliminate keeping comparative pricing for purchases as long as they meet the requirements of: recycled content, conservation factors or environmentally desirable characteristics. Specifications mean any description of the physical or functional characteristics or of the nature of a supply, service or construction item. It may include a description of any requirement for inspecting, testing or preparing a supply, service or construction item for delivery. Specifications may also contain provisions for inclusion of factors, which will lead to the ultimate calculation of the lowest total cost. All specifications shall seek to promote overall economy for the purpose intended, and encourage competition in satisfying the CRA's needs and shall not be unduly restrictive. Sole Brand means the only known brand or only reasonable brand capable of fulfilling the needs of the CRA. Sole Source means the only known vendor or the only reasonable vendor capable of providing a service or commodity to the CRA. State Contract is the State of Flodda Purchasing Division's formal bidding process and award of vadous equipment and services contracts extended for use by all political subdivisions (entities). Supplies mean all property, including but not limited to, equipment, material, pdnting and leases but specifically excluding the acquisition of leasehold interests in real property by the CRA. Surety means an organization which, for consideration, promises in writing to make good the debt or default of another. The surety must hold a certificate of authority as an acceptable surety on federal bonds published in the current Circular 570, United States Department for the Treasury, and the Federal Register effective July 1 annually, as amended. Surplus Property means any property belonging to the CRA, which is capable of being used, but is in excess of the normal operating requirements of the CRA. This property is disposed by auction, or other means which proves to be more beneficial to the City as determined by all or two of the following: CRA Director. The CRA Board will approve the ~,~arded sale of the property. 52. Suspension means the disqualification of a business or person from receiving Invitations for Bids or Request for Proposals or the award of a contract by the CRA for a given pedod. 53. Using Department means any department of the CRA, which utilizes any supplies, services, or construction, procured under this code. CRA PURCHASING POLICY MANUAL REQUISITIONS PURPOSE: This policy is to establish unified purchasing procedures in determining the requirements for requisitions which will be processed into purchase orders, and direct payment requisitions. POLICY: In preparing requisitions for the procurement of all budgeted goods and services below the mandatory bid amount of ten thousand dollars ($10,000) must follow the quotation and approval guidelines stated below. Procurement requirements shall not be artificially divided to circumvent the approval process. Purchase Amount Quotation Process Approval Level- Purchase Total Purchase Each Item Total Purchase Order Type Less than $500 No Quotation Director* Requisition/P.O. $500 to $1,999 Three Verbal Quotes Director* Requisition/P.O. $2,000 to $4,999 Three Wdtten Quotes Director* Requisition/P.O. $5,000 to $9,999 Three Wdtten Quotes CRA Chairman & Requisition/P.O. Director* $10,000 or more Formal Bid Process CRA Board Formal Bid * or assigned Designee. 1. Direct Payment Requisition All payments must be submitted to CRA Director providing the amount to be paid, the vendor, and allocated fund source. The supporting invoices must be attached to the requisition. Sales tax will not be paid on direct payments. The CRA is tax exempt and it is up to the purchaser to provide the tax-exempt information to the vendor for direct payment purchases. A Payment Requisition is used as a request for a check to be wdtten for a payment. On a normal workweek, Payment Requests that are propedy completed and processed to the CRS by 5:00 p.m. Tuesday will have a check available on Fdday after 2:00 PM. 2. Purchase Requisitions less than $500 All vendor purchases totaling less than $500 per purchase may be processed with a pre:--~y completed purchase requisition and forwarded directly to the CRA Dircctor. No quotes are required for these requisitions. 3. Purchase Requisition totalinq between $500 to $1,999. All Purchase Requisitions totaling from $500 to $1,999 will require three verbal quotes. The verbal quotes will be summarized. 4. Purchase Requisition totaling between $2,000 to $9,999 The Purchase Requisition will require three written quotes to be attached. If the Purchase Requisition totals $5,000 to $9,999 the Requisition, and the supporting written quotes will be approved prior to Purchase. 5. Purchase Requisition over $10,000 Any Purchase Requisition over $10,000 will require a formal bid process and the approval of the bid by the CRA Board prior to being issued as a purchase order. After all procedures have been met the ultimate responsibility for issuing a purchase order rests with the CRA Director. The issuance of the purchase order creates a legal obligation of the CRA with a vendor. The Controller has the responsibility for investigating alternate vendors and pdces. If another vendor can supply the same or equivalent goods, at lower pdces Director has the authority to change the vendor in order to secure the best value for the City on items totaling $1999.99 or less. TIME SCHEDULE FOR PROCESSING The following is presented as a tentative time schedule for processing Payment Requisitions, and Purchase Requisitions for planning purposes. The schedule is based on a typical Payment Requisition, or Purchase Requisition, that is complete and accurate as to processing. l0 Purchase Amount Purchase -Total Purchase Order Type Time Schedule for Processing Various Amounts Direct Payment Direct Payment Requisitions received by Requisition Tuesday at 5:00 p.m. will receive a check on Friday after 2PM. Less than $2,000 Requisition/P.O. 6 working days to issue purchase order from time received. $2,000 to $9,999 Requisition/P.O. 8 working days to issue purchase order from time received. $10,000 or more Formal Bid State Contract, "piggy-back" bids, RFP's, etc. Will be issued as a purchase order within 5 days after CRA Board approval if all requirements have been met (i.e., Certificate of Insurance, etc.) CRA PURCHASING POLICY MANUAL BIDS & PROPOSALS PURPOSE: Formal sealed bids and proposals are the most effective methods for soliciting competitive prices from vendors in the governmental purchasing sector. This policy will establish the procedures to use for sealed bids and proposals. POLICY: All contracts of the CRA shall be awarded by competitive sealed bidding except as otherwise provided in purchasing policies. All Bids, Request for Proposals (RFP's), Request for Qualifications (RFQ's), Contracts, Agreements, Leases, etc., shall meet the insurance requirements as stipulated in State Law. 1. Exclusions To The Formal Bid Process Are (but not limited to): Ao Competitive Sealed Proposals compares the pdces of responsive/responsible bidders to determine an award by evaluating the proposal on a cost and qualitative basis, and the ability to meet the bid specifications that are detailed clear and adequate. Does not include negotiations with bidders after the bid is opened. Bo Multi-Step Competitive Sealed Bid: (generally a two step process) wanting to award on basis of pdce, but available specifications are inadequate or to general to permit full and free competition without technical evaluation and discussion: First Phase: Issue request for information or proposal to which interested, potential suppliers respond with either necessary information or unpdced technical offers. Second Phase: Potential suppliers who submitted technically acceptable offers are invited to submit competitive sealed pdces based on their technical offers. Award: Is to the lowest responsive/responsible bidder. C. Competitive Sealed Proposal is relatively new technology, or non- standard items, allowing the ability to hold discussions and bargains with the offerors whose proposals are acceptable or potentially acceptable. Evaluates proposal against proposal on a cost and qualitative basis to determine an award. · Description of the item or service to be purchased (statement of work). · Specific cdteria that will be used to evaluate the ~,. vposal along with the stated relative order of importance (generally): · Managerial capability. · Technical acceptability and performance requirements. · Reasonableness of price. approach in meeting · May ask for experience in the line of work being considered including references. · Staff capabilities along with resumes of key individuals who will work on the project. · Cost breakdown of the proposed pdce. D. Contracts for Designated Professional Services are services where the CRA is obtaining advice, instruction, or specialized work from an individual specifically qualified in a particular area. This would include architectural, engineering, and registered land surveying services. The procurement of professional services does not lend itself to normal competitive bidding and pdce competition alone. E. Emergency Procurement allows the CRA Director to make procurement of commodities or contractual services where the cost exceeds ten thousand ($10,000) when there exists a clear and present threat to public health, property, welfare, safety or other substantial loss to the CRA, provided however, that such emergency procurement shall be made with such competition as is practicable under the circumstances. F. Sole Source Procurement may be awarded for a supply, service or construction item without competition when it is determined that there is only one source available; repairs or additions from the odginal equipment manufacturer; only supplier in the area; franchised or licensed distributor or service, patented or proprietary item; or by negotiation where the procurement by competitive procedures is not feasible nor practical. Any vendor identified as a sole source vendor must be supported in wdting from the vendor. G. State Contract is the State of Flodda Purchasing Division's formal bidding process and award of vadous equipment and services 13 contracts extended for use to all political subdivisions (entities). Provide support documents submitted with requisition to Purchasing. All applicable information as printed from the Flodda Commission Network as required by the use of State contracts. H. "Piggy-backing" onto contracts by other governmental agencies (i.e., county, school board) is encouraged when it is determined that this method of procurement will provide the best product/service at the best price without compromising specifications or quality desired. This method of procurement should be considered prior to using any other methods set forth regardless of quantity or monetary value of the procurement. Provide support documents submitted with requisition to Purchasing. Tab sheet and/or letter of award that clearly specifies the product or service, prices, entity, and bid number. RESPECT of Flodda is a registered service mark of Flodda Association of Rehabilitation Facilities, Inc. the central non-profit agency of the commission for purchasing from the blind or other severely handicapped. A catalog is available in Purchasing Division for the procurement listings, which include: computers, first aid and safety products, janitorial products, municipal products, office products, promotional products, and services. GSA Contracts mean contracts entered into by the General Services Administration of the Federal Government (also known as GSA Schedules) and are multiple award contracts containing pdces to be utilized by all Federal Govemment Agencies. Provide support documents submitted with requisition to Purchasing. Cover page of contract indicating GSA number, title, beginning and ending dates. PRIDE of Flodda is the Prison Rehabilitation Industries and Diversified Enterprises, (PRIDE) Inc. that is a non-profit, self-funded corporation chartered by the State of Flodda in 1981 to provide meaningful training and work experience to inmates in Florida's correction institutions. A catalog is available in Purchasing Division of all products, prices, and contact prison. Lo SNAPS is the State Negotiated Agreement Price Schedule (SNAPS) which is a State program created to eliminate keeping comparative pricing for purchases as long as they meet the requirements of: recycled content, conservation factors or environmentally desirable characteristics. The accumulative or single purchase(s) for each govemmental subdivision (entity) cannot exceed the State's Category V purchase level of $150,000. 14 In Purchasing Division you can electronically access the SNAPS program and find the procurement category and company, contract with contract period, the requirements met in the contract and information on how to obtain from the vendor a copy of the contract agreement and price listing. 2. When A Formal Sealed Bid Process Is Used For Purchases Of $10,000 or More The Following Process Should Be Used. Invitation for Bids. An Invitation for Bids shall be issued for each solicitation for offers equal to or exceeding the mandatory bid amount and shall include a purchase description, and all terms and conditions applicable to the procurement. B. Bid Specifications. Specifications for all bids should be provided by hard copy and on a disk. Specifications are the basis for a vendor's bid. Realizing that his bid will be compared primarily on the basis of pdce, a vendor will seek to offer an item, which only meets the specifications. Consequently, it is vital that specifications make no assumptions, but rather detail every important facet of the item in question. To neglect to do so invites delivery of items, which meet specifications, but fail to meet expectations. Insurance. Insurance is required to safeguard the CRA from all claims resulting from damage to property and/or injury to persons caused by the vendor or his actions. The successful bidder shall be required to obtain, at their own expense, all minimum insurance coverage required under the terms and conditions of all Bids, Request for Proposal (RFP), Request for Qualifications (RFQ), Contracts, Leases, and Agreements. Insurance coverage generally required for construction and Installation bids are: · Worker's Compensation: extending coverage for worker's injury on the job. · Liability: extending coverage for personal injury, accidental death, and property damage. · Builder's All Risk: extending coverage of total value for the duration of construction project for any loss. D. Bonds. Bonds offer tangible protection in the form of monetary assurances that the bidder will meet their obligations. For bids of $25,000 or more, the successful bidder shall furnish a surety bond as a security for faithful performance of order(s) awarded as a result of the bid, and for the payment of all persons performing labor, and on their furnishing material in connection therewith. Surety of such bond should be in the amount equal to the bid. Simultaneously with the delivery of the executed contract, the successful bidder shall deliver to the CRA, an executed bond or a letter of credit in the amount of 100 percent of the accepted bid as security for faithful performance of the contract and for payment of all persons performing labor or fumishing materials in connection therewith. The attorney-in-fact that signs the bond must file with the bond a certificate and effective copy of power of attomey. Bonds must be secured by the bidder at his own cost, and generally may be classified as: Bid Bond or Bid Security. This is a document, usually in an amount of five percent of the bid, which guarantees that the bidder will enter into a contract with the CRA if he wins the award. Bid bonds protect the CRA from erroneous or deliberate Iow bids which the vendor has no intention of honoring. Should he fail to enter into a contract, the bid bond is forfeited. Bid secudty must be submitted with the bid, and can be in the form of a certified check, cash, or bond. The awarded vendor's Bid Security will be returned after receipt of a Construction Bond or a Letter of Credit for 100% of the project. The successful bidder's Bid Bond will be retained if the Contractor does not conform to specifications, fails to perform as agreed upon in the Invitation to Bid. The CRA shall be entitled to collect or retain part or all of the deposit; whichever is necessary to rectify the bidder's unacceptable performance as to not conforming to specifications or fails to perform as agreed upon in the Invitation to Bid. Performance/Construction Bond. This bond is a surety instrument guaranteeing that the vendor will perform according to the terms of the contract, and is generally in an amount of 100% of the bid. This bond affords protection from non-performance in completion of major contracts, the effects of which would result in considerable injury to the CRA. Should the vendor default, the bond is cashed and the CRA may then utilize the funds to complete the contract with another vendor. Performance bonds are submitted upon award of contract, prior to the CRA signing agreements. · Cash Bond. In the amount of the bid or contract award. · Irrevocable Letter of Credit. Sometimes used in lieu of a bond in the case of some construction projects or multi-year contracts. E. Bid Conditions. In addition to the general conditions of most formal bids some bids require special conditions that pertain specifically to the bid in question. Conditions differ from specifications in that conditions refer to requirements, which must be met by the bidder before specifications of his bid are even considered. Public Notice/Request to Advertise. Public notice shall be given a minimum of eight (8) calendar days pdor to the date set forth therein for the opening of bids. Such notice shall include publication in a newspaper of general circulation no later than eight (8) calendar days pdor to bid opening. The notice shall state the bid title, scope of services or reason for the bid, and place, date, and time of bid opening. G. Bid Opening. a) Time of Bid Receipt. The CRA Director must receive bids no later than the time and date identified in the Invitation for Bids. Bids received after this time shall be returned unopened to the bidder. CRA Director will stamp date and time received on all bids held for formal bid opening. The CRA reserves the dght to consider bids that have been determined by the CRA to be received late due to mishandling by the CRA after receipt of the Bid and no award has been made. b) Public Bid Opening. All bids received shall be publicly opened in the presence of witnesses at the place designated in the Invitation for Bids. No additional bids, except stated in "Item an" above, will be accepted after the assigned receiving date and time. c) All Bids Unopened. If all bids are not opened at the assigned receiving date and time of the bid, for any reason other than failure of the vendors to present their bids or ]? cause their bid to be presented at the appropriated time, the bid opening may occur the following workday at the same time as originally scheduled. H. Bid Acceptance and Bid Evaluation. Bids shall be unconditionally accepted without alteration or correction, except as authorized in purchasing policies. Bids shall be evaluated based on the requirements set forth in the Invitation for Bids, which may include cdteria to determine suitability for a particular purpose. Those criteda that will affect the bid pdce and be considered in evaluation for award, excluding cash discounts, shall be objectively measurable, such as trade discounts, transportation costs, and total or life cycle costs. The Invitation for Bids shall set forth the evaluation cdteda to be used. No cdteria may be used in bid evaluations that are not set forth in the Invitation for Bids. Corrections, Cancellation, or Withdrawal of Bids. Corrections or withdrawal of inadvertently erroneous bids shall be permitted up to the time of bid opening. After bid opening, no changes in bid pdces or other provisions shall be permitted; provided however, the CRA Director or his designee shall have the authority to waive minor irregularities as provided by law. Bid Evaluation and Award. Bids should be evaluated based on the requirements set forth in the Invitation to Bid, which may include cdteda to determine acceptability, such as inspection, testing, quality, workmanship, delivery, service, pdce and suitability for a particular purpose. Those criteda that will affect the bid pdce and be considered in evaluation for award shall be objectively measurable, such as discounts, transportation costs and total or life cycle cost, etc. The Invitation to Bid shall set forth the evaluation cdteda to be used. The contract shall be awarded to the lowest responsible and responsive bidder whose bid meets the requirements and cdteria set forth in the Invitation to Bid. In determining "lowest responsible bidder", in addition to the bid evaluation cdteda above, the following may be considered: a) The ability and skill of the bidder to perform the contract. b) Whether the bidder can perform the contract or provide the supplies/services as required, without delay or interruption within the time specified. c) The quality of performances of previous contracts or services. K. Tie Bids. If two or more bidders are tied, the tie may be broken and the successful vendor selected by the following criteda presented in order of importance. a) Quality of the items or services bid if such quality is ascertainable. b) Delivery time if provided in the bid by the bidders. c) Location of the vendor with the following award preferences: CRA Vendor City of Boynton Beach vendor Palm Beach County vendor Flodda vendor If the above cdteda are impossible to determine with any reasonableness or do not resolve the issue, the award will be given to that vendor whose bid was received first as indicated by the time stamp on the envelope containing the bid. Contract Extension. All invitations for bids for open-end contracts shall, when practical, provide for an extension of the contract for a time pedod up to the amount of the odginal time pedod, upon mutual consent of the buyer and seller and wdtten analysis by the Purchasing Agent that renewal is in the best interest of the CRA. Any contract extension less than $10,000 will require the approval of the CRA Director, and contract extensions above $10,000 will require approval of the CRA Board. Mo Cancellation of Solicitation. A request for solicitations may be canceled and/or any or all responses to solicitations may be rejected in whole or in part when it is in the best interest of the CRA. The reasons therefore shall be made part of the bid file. After solicitations are opened, such rejection shall be made part of the bid file. CRA PURCHASING POLICY MANUAL CHANGE ORDERS PURPCC~: A change order is a wdtten order amending a purchase order. Purchase orders may be amended to correct errors, omissions, discrepancies, acceptable overruns, freight costs, or amendments to contracts that entail additional cost. Some projects cannot identify all costs until the initial work has been completed. POLICY: A change order will be issued pdor to invoice payment for the following purposes: Construction Projects and Non-Construction Awards, which were initially approved by the Commission. Change orders for all construction and non-construction purchases, which were initially awarded by Board, will be approved as follows: (Based on cumulative change orders) Less than $5,000 requires CRA Director approval; $5,000 to $9,999 requires CRA Director or approval; $10,000 or more requires CRA Board approval. CRA Chairman Change orders will only be presented to CRA Board for approval when Cumulative Chanqe Orders for the awarded item has reached $10,000 or more. When presented to CRA Board all cumulative change orders that make up the cumulative change order amount of $10,000 or more will be presented as part of the approval. If after CRA approval additional change orders are required the same process will be used for the next cumulative change orders. An odginal of the change order shall be remitted to CRA Director attached to a purchase requisition requesting the change order. CRA Director will make the necessary change to the purchase order, and make a photocopy of the change order for their records. Normal purchase orders over $500 will have a tolerance of 10 percent of the purchase order amount up to $100. The invoices for these purchase orders can be processed without preparing a change order. Invoices, which exceed the tolerance limit, will require the CRA Director to review the discrepancy. The change order request shall justify the cause for variance. 2O 3. Professional Services Contracts are a negotiated contract prior to services being rendered and change orders will require approval of the CRA Board. All change ord .... · are to be reviewed and processing to change the purchase order amount. Change orders will be distributed to the holders of the original purchase order. If there are any questions as to the procedure for processing a particular change order contact should be made with CRA Director 2! CRA PURCHASING POLICY MANUAL REQUEST FOR PROPOSALS PURPOSE: When the CRA Director determines that the use of competitive sealed bidding is either not practical or not advantageous to the CRA, a contract may be entered into through receipt of the competitive sealed proposals. Flodda Statute and these policies may also use competitive proposals for the procurement of professional services: as allowed. POLICY: Request for Proposals. Proposals shall be solicited through a Request for Proposal (RFP). The RFP shall be developed by the requesting department with the approval of the CRA Attorney and CRA Director. Request will identify required specifications to determine the parameters for the solicitation of bids. Public Notice/Request to Advertise. Public notice of the request for proposals will be given in the same manner as provided for competitive sealed bidding. Notice will be provided in local media no later than eight (8) calendar days pdor to the designated receiving date of the request for proposal. Receipt of Proposals. No proposals shall be opened until the time designated in the public notice of the request for proposals. A register of proposals in the form of a tabulation sheet shall be prepared containing the name of each offer. Proposal Conditions and Specifications. Conditions and specifications tend to serve more as guidelines than stdct standards. The object is to allow the vendor's own expertise to design a proposal which will fulfill the CRA's ultimate specified result. Conditions and specifications need not be so broad as to promote uninhibited proposals. By establishing boundaries within which to operate, and pointing the vendor toward the direction of the CRA's goal, the RFP seeks to elicit the best talents in the market place to solve its problems. Inquiries on RFP. All questions in regards to an RFP shall be addressed to the CRA Director or designated contact person. CRA Director will coordinate the responses to the inquiry in the form of an addendum that alters or changes the end result of a RFP and forward copies to all known responders to the proposal. Evaluation Factors. The RFP shall state the relative importance of pdce, if appropriate, and other evaluation factors such as: quality, delivery and service, as well as past supplier performance, and conformance to specification and/or quotation requ,,ements. Only criteda disclosed on the solicitation for bid may be used to evaluate the items or services proposed. o Discussion with Responsible Offers and Revisions to Proposals. As provided in the request for proposals, discussions may be conducted with responsible offers that submit proposals determined to be reasonably susceptible of being selected for award for the purpose of clarification to assure full understanding of, and conformance to, the solicitation requirements. Offers shall be accorded fair and equal treatment with respect to any opportunity for discussion and revision of proposals and such revisions may be permitted after submissions and pdor to award for the purpose of obtaining best and final offers. o Award. Award shall be made to the responsible/responsive offer whose proposal is determined to be the most advantageous to or in the best interest of the CRA, taking into consideration the evaluation factors set forth in the request for proposal. The contract file shall contain the basis on which the award was made. CRA PURSHASING POLICY MANUAL PROFESSIONAL SERVICE PURPOSE: To provide a policy, which fully complies with the requirements of the Consultants Competitive Negotiation Act (CCNA) as stipulated in Florida Statutes, Chapter 287.055 when the combined amount for, the services are $10,000 or more. DEFINITION: Professional services mean any services where the CRA is obtaining advice, instruction, or specialized work from an individual specifically qualified in a particular area. This would include architectural, engineering, and registered land surveying services. Professional services may include a report, or wdtten advice which may be lengthy; however, the main thrust of the service is not considered labor, but the exercise of intellectual ability. The procurement of professional services does not lend itself to normal competitive bidding and pdcing competition alone. These services may be procured by Letter of Interest or requests for proposals and selected through competitive selection and negotiation. POLICY: The CRA requires a competitive bid process for professional services when the cost of the service exceeds: A. Planning or study activity in the amount of $10,000 or more. B. Basic construction costs in the amount of $10,000 or more. The processes to contract for professional services are: Public Announcement/Request to Advertise - At such time when professional services are deemed necessary by the CRA, the CRA Director shall provide and request for a legal advertisement to be published in a newspaper or general circulation within the Palm Beach County setting forth a general description of the project requiring professional services and providing instructions on how interested firms may apply for consideration by the CRA. In addition, a notification of the project will be sent to each certified firm which has expressed an interest in being notified, a mailing list created from the vendor file and a suggested list from the requesting Staff or Board. Competitive Selection - There shall be a Competitive Selection Committee (CSC) which may be composed of the following representatives: a. Representative(s) of the CRA Board. Citizen appointed by the CRA Board based on their qualifications and experience in the area of discipline. Other representative(s) that may be deemed appropriate by the CRA Director or CRA Board. The responsibility of the CSC committee will be to: Short-list the number of firms to at lease a minimum of three firms. Select the best-qualified firm for the particular project without considering pdce or opening the fee submitted by each firm with the proposal. Hold discussions with all short listed firms after opening their fee proposal. Such discussion may encompass formal presentations by each firm. The requirements of presentations or discussion will be the same for each short- listed firm. d. Rank the firms based on qualifications and discussions. After selection of the firm that will best serve the interest of the CRA, staff will bdng their recommendation before the CRA Board to negotiate a contract. Competitive Negotiation - The (CSC) committee will attempt to negotiate a contract with the highest ranked firm to perform the services at a compensation that the committee determines to be fair and reasonable. If the committee is unable to negotiate a satisfactory contract with the firm obtaining the highest ranking, negotiations with that firm shall be formally terminated. The negotiation committee then shall undertake negotiations with the second ranked firm. If these negotiations also prove unsatisfactory, negotiations shall again be terminated and the committee will negotiate, in tum, with each firm in accordance with their ranking by the committee, until an agreement is reached or the short list is exhausted. When a short list is exhausted, a new solicitation for proposals must be initiated For any lump-sum or cost-plus-a-fixed-fee professional service contract over the threshold amount provided in Chapter 287.017 (5) (a), Flodda Statutes, for Category Four (currently $60,000) the CRA shall require the firm receiving the award to execute a truth-in-negotiation certificate that wage rates and other factual unit cost supporting the compensation are accurate, complete, and current at the time of contracting. 4. Award of Contract - At the successful conclusion of negotiations, a contract award will be recommended to the CRA Board and a purchase order issued. o Less Than Three Firms - In the event less than three (3) firms express interest in a project or less than three (3) firms are deemed qualified by the CSC Committee, then the CRA Director shall make a determination as to whether to proceed with the lesser number of firms. If the decision is to readvertise and after subsequent advertisement, three (3) firms still cannot be qualified, then the CRA shall proceed hereunder with the firm's qualified. Prohibition Against Contingent Fees - Each contract for professional services shall contain the prohibition against contingent fees required by and set forth in Chapter 287.055 (6) (a), Flodda Statutes. CRA PURCHASING POLICY MANUAL CONSTRUCTION CONTRACT PURPOSE: Due to the complexity of construction projects and the cost involved these contracts warrant special conditions. POLICY: In general, contracts for construction of major CRA projects are obtained through the Formal (Sealed) Bid process. Construction projects under $10,000 in cost may be processed by written quotations. Sealed bids are required for all construction projects over $10,000 in costs. The following special conditions will apply to all construction contracts over $10,000: 1. Bid Preparation: ao Using/Requesting Department: The detailed specifications, special conditions that may apply, a suggested mailing list, a hard copy along with a disk, and a "Departmental Bid Request" form are to be assembled and provided to the CRA Director. It is the responsibility of the using/requesting department to insure that any special terms or conditions are complete, plans (including blueprints) and specifications are complete and accurate. Purchasing will review, add or delete information, add general and special conditions, necessary forms, proposal sheet, and prepare a "Request to Advertise" approval sheet for the CRA Attomey and CRA Director, pdor to selecting a bid receiving date and "Notice to Advertise." An "Invitation to Bid" is mailed out to mailing lists assembled from the Purchasing Vendor List and the suggested vendor's list. All sales and pick-up of bid packages are handled in the CRA Director. Any addendum is prepared and mailed from the CRA Director. bo Outside Consultant: The consultant submits a specification package for review. Any changes, documents needed for the bid package, general and special conditions, and insurance information are returned to the consultant for a complete bid package. The complete bid package is prepared for and submitted to CRA Director to prepare a "Request to Advertise" for the CRA Attorney approval. After approval and any suggested changes, a bid receiving date is selected and a bid number assigned. The final bid package is provided to CRA Director to prepare an "Advertising Notice" for the posting and mails out the "Invitation for Bid" or "Notice to Contractors" from the Purchasing Vendor Listing and any suggested vendors. The outside consultant is usually in charge of the bid package sales or pick-ups and supplies a list to CRA Director. If the consultant issues any addendum, they are to provide a copy to the CRA Director as soon as possible and submit the vendor mailing list of those who were sent a copy of the addendum. Announcement of Bids. Due to the contractor's desire to share in large dollar projects, interest in construction projects is generally high. To assure the greatest degree of competition, all of the following shall be used to announce the bids: Newspaper Legal Ads. Legal ads are an excellent method of attracting interested bidders, while also dispelling any criticism of bids only going to favored contractors. For this reason, they are required to be posted in a newspaper of general circulation in Palm Beach County. Legal ads are generally requested by the Purchasing Division and placed by the CRA in the local newspaper. Legal ads should bdefly state the name of the project, location, nature of work required, contact person name and telephone number, bid receiving date and time, cost of plans, and location where bid specifications may be obtained. The ads should be placed a minimum of eight (8) calendar days pdor to the bid receiving date. Advertisements may also be listed in the Dodge Reports, and other construction journals. bo Mailing to Interested Contractors (Bidders List). The pdmary contracts for construction bids are those firms that have previously done work for the City and CRA or expressed a desire to bid. A list of these firms shall be assembled from records from CRA and other City departments involved in the construction project. Additionally, CRA Director and the CRA Board may contribute firms that are listed in vadous reference sources, including: Thomas Register, Municipal Index, Yellow Pages, Contractor's Blue Book, Palm Beach County Minority Business Directory, etc. Generally, only an "invitation to bid" letter, or a "notice to contractor" should be mailed to firms on the bidders list. This policy will serve to conserve mailing costs and assure that bid plan printing costs are offset by sales of the plans to interested firms (rather than distributing them gratis). c) Pre-Bid Conference. For all construction projects, a pre-bid conference may be held. Attendance at this conference is not mandatory, but highly recommended, for all bidders. d) Sale of Plans. Bid packages, including plans and blueprints, are generally sold to interested contractors by the CRA and at times by the consultant. CRA must constantly monitor the quantity of plans on hand. The originating department shall provide additional plans as needed. The duty of selling plans is that of the CRA. As each contractor purchases plans, their payment should be recorded. The CRA will tabulate the payments for sale of plans and process the receipts for proper recording in the fiscal records. In addition, the firm's name, address, and sometimes phone number of contact person shall be noted on the mailing list. Bid Opening. Due to the generally higher dollar cost of construction projects, the bid opening shall be handled very seriously and in a highly professional manner. No bids will be accepted after the receiving date and time (exception; the CRA reserves the dght to consider bids that have been determined by the CRA to be received late due to mishandling by the CRA after receipt of the bid and no award has been made). The CRA Director is in charge of the bid opening and shall fully record the vadous bids for the construction project. All procedures as noted in "Section 5- Bids" shall be followed. Anyone requesting to review bids will be requested to wait until all bids received are finally tabulated and a staff person is available to monitor the bid package review process. Bid Review and Award. To allow a through bid review by the originating department, CRA should make copies of the tabulation sheets and have all bids available for their review (upon request). Included would be the contractors Bid Form, response page, references, bid bond, and any pages stating substitutions or changes to the bid document. In some cases, review of bids may be performed by a contracted Architectural/Engineering firm. Copies of bids must then be provided to both the CRA and the Architectural/Engineering consultant. The contract award should generally be made to the lowest most responsive/ responsible bidder meeting specifications as outlined in "Section 5 - Bids". If this is not the case, a thorough explanation should accompany the formal evaluation. The CRA Director will then review the award. Assuming CRA Board approval, a purchase order will be issued to the successful contractor after agreements are approved and signed, and bonding and insurance requirements have been met. Care must be taken to reference the bid on the purchase order, noting that "all terms, conditions, plans, and specifications" of that bid shall apply. Formal Construction Contract (Agreement). Due to the complex nature and duration of construction projects, a formal construction contract is prepared and copies are issued to all parties. These contracts are prepared in either a hired Architectural/Engineering firm, or the CRA Attomey's Office. The formal construction contract is based on the bid document and plans. The contractor shall provide all required licensing, insurance, and bond documentation to the CRA along with the signed contracts. All contracts are reviewed and approved by the CRA Attomey as to form and legality before the contract is signed. 30 CRA PURCHASING POLICY MANUAL PURCHASING/PETTY CASH PURPOSE: This policy will allow for the procedures to establish and manage a petty cash fund. POLICY: The departments have the authority to request a petty cash fund to meet small incidental purchases for facilitating the transaction of CRA business such as: small purchases that must be made from vendors that do not offer the CRA credit, postage for special delivery, toll receipts, parking, etc. Petty cash requests will not be authorized for individual purchases that exceed $100.00. The Petty Cash Fund shall designate a custodian to be responsible for the control of these funds. The employee assigned as custodian will be responsible for controlling the flow of cash in and out of the Petty Cash Fund, making sure proper receipts are obtained for each purchase and assuring that proper forms are obtained for each purchase, and assudng the proper forms are filled out completely and authorizing signatures obtained. The custodian will also be responsible for reconciling the Fund as needed and applying for reimbursement. Procedures for a petty cash fund are as follows: Petty Cash Payments - When an employee request reimbursement, or receives an advance, from petty cash the Petty Cash Receipt must be used. This form provides for identification of: dollar amount of receipt; reason for purchase; expense code; signature of employee receiving petty cash; signature of department custodian for petty cash; and signature of department head. Anytime a disbursement is made from petty cash it is required that this form be completed in full. Petty Cash Reimbursement - Petty cash funds should be reconciled on a weekly basis, or more frequent if needed. Reimbursement request will be submitted to the Controller on a Direct Payment Requisition with the description stating "Petty Cash Reimbursement". The account codes from the Petty Cash Receipts will be summarized on the Direct Payment Requisition. The Direct Payment Requisition, Petty Cash Receipts, and supporting invoices will be sent to the Controller for reimbursement of 3! petty cash. Sales tax will be not be paid on petty cash invoices. The CRA is tax exempt and it is the responsibility of the purchaser to properly notify the vendor of the tax-exempt number. o Discrepancies in Petty Cash - Any discrepancies in the petty cash fund maintained by the department should be brought to the immediate attention of the CRA Director. CRA PURCHASING POLICY MANUAL PURCHASING CREDIT CARD PURPOSE: The CRA Purchasing Card Program is designed to improve efficiency in processing Iow dollar value purchases from any vendor that accepts the Visa credit card. Many of our current suppliers, currently being paid by the purchase order or blanket purchase order system, will accept the Visa credit card. This program will allow the cardholder to purchase approved commodities and services directly from our vendors. Each purchasing credit card is issued to a named individual and the name is cleady shown on the card as the Govemmental buyer of the goods and services. Also, included on the credit card will be the City's sales tax exemption number. CRA Director and CRA Board will monitor the performance of the program. The purpose of this policy and procedures is to accomplish the following: 1. To provide an efficient method of purchasing and paying for goods and services not exceeding $500 per purchase (total invoice). 2. To assist in the procurement of small dollar purchases. 3. To replace manual hardcopy requisitions and purchase orders for Iow dollar value purchases. 4. To ensure purchasing credit card purchases are in accordance with the CRA's ordinances policies and procedures. 5. To reduce the time spent to process Iow dollar value transactions. 6. To ensure that the CRA beam no legal liability from the inappropriate use of the procurement credit cards. 7. To provide for disciplinary action if the purchasing credit cards are misused. The policies and procedures provided herein are minimum standards for use. 33 ASSIGNMENT AND CONTROL OF THE PURCHASING CARD LOST OR STOLEN PURCHASING CARDS: If a purchasing card is lost or stolen, the Cardholder must immediately notify SunTrust at , and the CRA Director of the loss, verbally and in wdting. The Cardholder will be responsible for reporting all information necessary to minimize the liability to the CRA for a lost or stolen card. CARDHOLDER USE ONLY: The purchasing card may be used only by the employee whose name is embossed on the card. No other person is authorized to use the card. The Cardholder is responsible and accountable for all transactions that occur on his/her card. CRA PURCHASES ONLY: The purchasing card is to be used for CRA authorized purchases only. The purchasing credit card cannot be used for any personal use and any such use will require immediate reimbursement and will result in disciplinary action that may include dismissal and/or criminal charges. DOLLAR LIMITATIONS: The assignment of a purchase card will establish limits for each Cardholder, a single purchase limit and a 30-day limit. The maximum limits shall be for a single purchase $250 and $500 dudng the 30-day billing cycle. Requests for spending limit changes must be initiated and authorized by the CRA Board. Additional limitations maybe imposed by the CRA Board. A purchase may be made of multiple items, but the total invoice cannot exceed $250. CHARGES FOR PURCHASES SHALL NOT BE SPLIT TO STAY WITHIN THE SINGLE PURCHASE LIMIT. 3. PURCHASE LIMIT. This will be considered abuse of the purchasing card program and can result in cancellation of card and/or disciplinary action. 34 PURCHASING CARD SECURITY: Your purchasing card should always be treated with at least the same level of care that you do with your own personal credit cards. A. STORAGE OF THE PURCHASING CARD: Keep your purchasing credit card in an accessible but secure location. Since you, as the Cardholder, will be the only one using the purchasing card, it needs to be accessible only to you. B. ACCOUNTNUMBER: Guard the purchasing card account number carefully! Do not post it at your desk or write it in your day planner. C. SHARING OF CREDIT CARD: The only person entitled to use the purchasing card is the person whose name appears on the face of the card. Do not lend your purchasing card to another person for use. D. LOST OR STOLEN CARDS: If the purchasing card is lost or stolen, you must immediately notify the CRA Director. MISSING DOCUMENTATION: If for some reason the Cardholder does not have documentation of the transaction to support the transaction on the monthly statement, the Cardholder must attach a signed certified description of the purchase. Continued incidents of missing documentation may result in the cancellation of the employee's purchasing card privileges. PAYMENTANDINVOICEPROCEDURES: A. The purchasing card company, NationsBank, will mail all individual billing statements to the CRA Controller and one consolidated statement for all cardholders to the CRA Director. The individual billing statement will list all transactions processed during the billing cycle. If no purchases were made on the purchasing card during the billing cycle, no individual monthly statement will be generated unless adjustments for previously billed transactions have been processed during that cycle. B. The Cardholder must review the individual statement and the Monthly purchasing Card Transmittal Form with the Department/Division Purchasing Coordinator and note any errors or disputes. Charge slips/receipts for all items listed on the statement shall be attached to the statement. These receipts are to be stapled to the monthly statement in the order as it appears on the statement. ATTACHMENT II CRA PURCHASING CARD PROGRAM EMPLOYEE AGREEMENT I, (name of employee), (employee social security number), hereby request a Procurement Card. As a Cardholder, I agree to comply with the following terms and conditions regarding my use of the Card. I understand that I am being entrusted with a valuable purchasing tool and will be making financial commitments on behalf of the CRA and will strive to obtain the best value for the CRA by using "preferred suppliers" as identified by the Purchasing Department, except when deemed otherwise by my Department. I understand that the CRA is liable to NationsBank for all charges made on the Card. I agree to use this Card for approved purchases only and agree not to charge personal purchases. I understand that the card may not be utilized for cash advances. I will not permit another individual to utilize the card issued to me. I understand that the CRA will review the use of this Card and the related management reports and take appropriate action on any discrepancies. I acknowledge that the Card may only be used for purchases that total less than Five Hundred ($500.00) Dollars per transaction. It is my responsibility to ensure that the supplier has the City's tax-exempt number. I agree to retum the Card immediately upon request or upon termination of employment (including retirement). Should there be any organizational change that causes my department to likewise change, I also agree to return my Card and arrange for a new one, if appropriate. I understand that the CRA, or NationsBank, may suspend or cancel the Card at any time for any reason whatsoever and I shall return the Card immediately upon notification or cancellation. The purchasing card issuing company, NationsBank, will not have individual Cardholder information other than the Cardholder's work address. No credit records, social security, etc of the Cardholder are maintained. 37 CRA Purchasing Card Program Employee Agreement Page 2 of 2 I understand, as a Cardholder, it will be my responsibility to assist in the reconciliation of my monthly statement. This includes: provide supporting charge slips/receipts for all transactions appearing on the statement, review monthly statement with Department/Division Purchasing Coordinator, and signing a certified Monthly Purchasing Card Transmittal Form with account numbers, reason for purchases, and dollar values. I further understand the importance of timely processing of documents to the Purchasing agent (five (5) workdays from receipt of statement.) If the Card is lost or stolen, I agree to immediately notify Bank ( and the Controller (1-561-742-6435) of the loss, verbally and in wdting. Employee Signature and Date Witness Signature and Date Pdnt Name - Employee Pdnt Name - Witness Controller Date FOR OFFICIAL USE ONLY Issuance Date Department: Memo To: CRA Board From: Susan Vielhauer- Controller Re: Financial Policies Manual Date: 9/5/02 In order to transfer the CRA's money on October 1,2002 to our accounts we must have in place a financial policies manual. It is proposed that we will have a completed Financial Policies Manual for your review by Monday afternoon. We just received the state regulations on Thursday September 5th at 2:00 and are working to provide you with an accurate manual. COMMUNITY REDEVELOPMENT AGENCY POLICY MANUAL 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 15. 20. 22. 23. 24. 25. 26. 27. 28. 29. 30. TABLE OF CONTENTS General Provisions Definitions Organization For Personnel Administration Types of Employees Hiring Procedures Recruitment and Selection Equal Employment Opportunity Statement Overtime Compensation Time Termination Pay Retirement Benefit Bonus & Incen~ve Benefits Bonus Days Hours of Work Legal Holidays Vacation Leave Sick Leave With Pay Leave With Pay l~n Service Training Leave With Out Pay Medical Insurance Out side Employment Gifts / Gratitude Conflicts of 1]nterest Political Activities Disciplinary Actions Formal Grievances Employment of Relatives Sexual Harassment Effective Date of Policies Page Number 3 3 6 8 8 9 17 18 18 18 18 18 19 20 20 20 21 23 25 25 26 26 26 29 31 37 50 51 51 54 2 CHAPTER 01 GENERAL PROV~S?ONS SECTION 1. PURPOSE OF THESE POLICIES: These policies are to be followed by the CRA in the administration of the CRA's personnel program. It is the intent of these policies that CRA employees will be dealt with on an equitable basis, so that the citizens of the City may derive the benefits and advantages, which can be expected to result from a competent staff of CRA employees. SECTION 2. POSITIONS COVERED BY THESE POLICIES: These policies shall apply to all non-contract employees. These policies apply to union employees only when they are incorporated in the union employees collective bargaining agreement, and have been ratified by the CRA Commission and the bargaining unit. These policies apply to employees with individual contracts only if incorporated by reference in the employee's contract. SECTION 3. APPROVAL OF POLICIES: These policies shall be in force and effect when approved by the CRA. SECTION 4. AMENDMENT OF POLICIES: These policies may be amended from time to time by the CRA, unless otherwise specified in this document. CHAPTER 02 DEF~N:iT]ONS The following words and terms shall have the meaning indicated unless the context clearly indicates otherwise: ADMINISTRATIVE REVIEW means review of a minor personnel action by the Director. Minor personnel action includes verbal counseling, written counseling memos, reprimands, suspensions with pay, demotions, and suspension without pay of less than five (5) days. ALLOCATE shall mean the act of assigning each position to its proper class. ANNIVERSARY DATE shall mean an employee's date of hire or re-hire, whichever is later. APPEAL shall mean a request for binding arbitration. ARBITRATOR shall mean a neutral individual appointed using the procedure set forth in these policies. 3 BINDING ARBITRATION shall mean a process that ends with a decision of the arbitrator, which is final and binding on the employee, management and the CRA. CLASS shall mean a position or group of positions having similar duties and responsibilities, requiring similar qualifications, which can be properly designated by a title indicative of the nature of work and which carry the same range. CONTINUOUS SERVICE shall mean employment, which is uninterrupted. CONTRACT EMPLOYEE shall mean an employee under an individual employment contract or a collective bargaining agreement. DEMOTION shall mean the assignment of an employee to a position in a lower class having a lower maximum salary than the position from which the assignment is made. DISMISSAL shall mean the discharge of an employee from his/her or her position with the CRA. The terms termination and dismissal are interchangeable. ELIGIBLE shall mean a person listed on the active employment list. EMPLOYMENT LIST shall mean a list of persons who have been found qualified for appointment to a position. EXAMINATION shall mean any selection instrument used to measure the relative knowledge, skills, and abilities for candidates competing for positions which may include evaluations of training and experience, performance tests, oral interview, written tests, evaluations of performance appraisals, etc. FULL-TIME EMPLOYEE shall mean an employee who is scheduled to work a minimum of 36 hours per week. GRIEVANCE shall mean formal notice of dissatisfaction by an employee with permanent status who feels they have been unjustly treated in cases involving employment conditions. IMMEDIATE FAMILY shall mean spouse, mother, father, son, daughter, sibling, stepfather, stepmother, stepchild, grandparent, and grandchild. .1OB TITLE shall mean a definite descriptive designation for a job classification. LAYOFF shall mean the dismissal from employment because of shortage of work or funds, or because of changes in the organization. 4 NON-CONTRACT EMPLOYEE means any employee who is not employed under an individual employment contract or covered by a collective bargaining agreement. Ct,~ERTIME PAY shall mean pay for overtime worked in excess of employee's normal workweek. PAY RANGE shall mean a salary range established by the CRA with a minimum and maximum base salary. PART-TIME EMPLOYEE shall mean an employee who is scheduled to work less than 36 hours per week. POSITION shall mean a group of duties assigned to one person or job. PROBATIONARY EMPLOYEES shall mean any employee who is serving in a new position either by appointment, promotion, demotion, or reclassification. PROBATIONARY PERIOD shall mean a pedod of three (3) months. Dudng this period an employee may be discharged, demoted, or suspended without warning or statement of cause. PROMOTION shall mean the assignment of an employee to a position in a higher class having a higher maximum salary than the position from which assignment is made. REGULAR EMPLOYEE shall mean an employee who has achieved permanent status after completing a probationary period. SUSPENSION shall mean the separation with or without pay of an employee for a period of time. TEMPORARY EMPLOYEE shall mean an employee holding a position other than regular full-time or part-time for a specified period of time. TEMPORARY POSITION shall mean all positions that are not designated regular. TERMINATION shall mean the discharge of an employee from his or her position with the CRA. The terms termination and dismissal are interchangeable. UNION EMPLOYEE shall mean an employee within a certified bargaining unit and covered by a collective bargaining agreement. VACANCY shall mean a position existing or newly created, which is not occupied. CHAPTER 03 ORGANI~7..AT[ON FOR PERSONEL ADHI~NZSTRA'I'ZON SECTION 1. THE CRA BOARD OF DIRECTORS: shall: A. Approve the Policies, after receiving a recommendation from the CRA. B. Annually approve a pay plan, which may, in their sole discretion provide for wage and benefit increases or decreases. C. Ratify all appointments to positions, which require an individual contract. D. Ratify all removals from positions, which require an individual contract. SECTION 2. THE CRA DIRECTOR: shall: A. Be responsible to the CRA Board for the administration of the personnel system. B. Appoint, promote, transfer or remove, demote, suspend, or discipline all subordinate employees. C. Performs such other duties and have and exercise such other powers in personnel administration as is vested in the CRA Director by the provisions of the CRA ACT. D. Administer the provisions of these policies. E. Develop and administer such recruitment and examination programs of competent applicants to meet the needs of the CRA service. F. Prepare and recommend to the CRA Director adoption, job descriptions and amendments to job descriptions, which reflect the duties being performed by each employee. G. Administer the pay plan. H. Periodic review of compensation levels in the area to the extent that such levels affect CRA employment. I. Provide a system of checking payrolls, so as to determine that all persons in the CRA service are being paid in accordance with these policies. 6 Lo Provide for the establishment and maintenance of a roster of all employees in the CRA service. Provide such forms and procedures, as he/she may consider necessary, appropriate or desirable to carry out the personnel program. Develop and establish such training and educational programs for employees as conditions warrant. Prepare and recommend such policies or amendments to the policies as may be necessary or advisable to carry out the intent and purposes of the CRA personnel program. Administer Benefit Programs Administer Disciplinary Process Review and file a wdtten report with the CRA Board of the Personnel Policy Manual annually. CHAPTER 04 TYPES OF EMPLOYEES SECT[ON 1. TYPES OF EMPLOYEES: CRA employees are divided into t~u groups: non-contract employees and contract employees. A. Contract employee's means individuals hired by direct contract. B. Non-contract employees mean employees who are not otherwise designated as contract employees. CHAPTER 05 HII~NG PROCEDURES POLICY Job vacancies may occur which require recruitment efforts in order to fill a vacancy. This policy establishes that posting of job vacancies are required to ensure that equal employment opportunity recruitments are consistently attained for all regular status positions. BASIC REQUIREMENTS A. No job shall be filled until the position has been posted for a pedod no less than ten (10) days. B..lob postings shall be on official bulletin boards, designated by the CRA Director. Hiring procedures, such as form of application, background check, interviews, and examinations, shall be established by the CRA Director and may be amended from time to time as appropriate. Copies of current hiring procedures shall be made available for inspection in the CRA Office. APPLICATION PROCEDURE: .lob Opportunities shall contain information such as position title, salary range, closing date (if indicated), and minimum requirements inclusive of education and experience, among other things. Advertising of .lob Opportunities will be made available to current CRA employees by posting or publication and to the general public, in a local publication and/or Internet for no less than ten (10) days. C. l~f a Closing Date has been established and no applicant is recommended for employment from the pool of applicants who applied prior to a Closing Date, the posting procedure may be commenced again at the discretion of the CRA Director. D. Temporary or seasonal positions do not require job postings due to the nature of the employment relationships which is intended to be of temporary or seasonal duration, and which has no benefits attached. CHAPTER 06 RECRUTrMENT AND SELECTZON POLICY In order for the CRA to be operationally competitive with other governmental entities as well as the private sector, the recruitment and retention of qualified employees is of paramount importance. To achieve maximum efficiency the CRA must have the flexibility to fill vacancies through either promotion or outside hiring. Vacant positions shall be filled in the best interests of the CRA through recruitment, selection, and promotion of employees on the basis of their qualifications and relative knowledge, abilities, and skills. BASIC REQUIREMENTS A. The CRA Director is responsible for nondiscriminatory implementation of this policy. The Director is responsible for recruitments, interviews, tentative selections, and recommendations for appointment with coordination as directed by the CRA Board. The CRA Director has primary responsibility for hiring employees. All employment discussions are to be considered non-obligatory, exploratory, and tentative in nature and should be indicated as such to the applicant. Any offers of employment made to an individual prior to obtaining all necessary authorizations shall not be binding on the CRA. CURRENT PROCEDURES A. APPLICA'I-[ONS AND INTERVIEWS 1. Once the CRA Director has officially announced a job vacancy through the posting of a 3ob Opportunity, the official recruitment process has begun. The CRA Director may withdraw the recruitment process. l:ndividuals desiring consideration for employment must submit an Application for Employment Form, a letter of proposal, or a resume to the CRA Director. Employees are encouraged to submit applications for promotional opportunities. All applicants submitting a resume and granted further consideration shall complete an Application for Employment at some point during the employment process. Applications must be signed and certified by the applicant. Falsification of any part of the Application for Employment or any related documents may upon discovery, lead to denial of an application or dismissal of the employee, l~ncomplete applications may be accepted but missing information must be obtained from or submitted by the applicant on request. All applications and resumes received by the CRA must be forwarded to the Director. The Director may accept applications for employment even when there are no current vacancies for a specified position. When a vacancy occurs, previously submitted applications and resumes on file may be considered in addition to all new applications and resumes received until the established closing date or until the vacancy is filled. Certain classifications may require applicable testing prior to being given consideration. The Director will administer tests required and ensure that passing scores are attained prior to forwarding an application for consideration. 8. Upon receipt of the eligible applications, the Director should: Review and evaluate all applications and resumes based on, but not limited to relative qualifications, knowledge, abilities, skills, education, experience, and certifications or licenses required in accordance with current class specifications. Veterans Preference will be given in compliance with current legislation. l0 Tn order for an applicant to be given further consideration, minimum requirements of that class specification must be met. c. Prepare an interview schedule and conduct interviews. Determine who is most suitable for further consideration and proceed with additional interviews, if necessary. Prior to any offer or other similar indication of employment, all necessary steps as outlined in Section B must be satisfied. B. SELECT[ON, REFERENCE CHECKS AND THE RECOMMENDA-rION PROCESS w t Once the interview process has revealed suitable applicants, the reference checks and screening steps should begin by the Director. The Director will coordinate additional form completion with the applicant and will conduct reference checks. Academic degrees, previous employers, character references, and all information provided on the Application for Employment will be subject to verification as needed. Once the results of reference checks and screenings appear satisfactory, the Board will be so notified in order that further consideration may continue. The Director may then recommend an applicant for employment and submit the proper forms to Board for review. Tf the Director proposes a salary, which exceeds the minimum of, the position's pay range, wdtten justification must be included for consideration of the salary. Upon receipt of a recommendation for employment and in conjunction with a tentative offer of employment, a pre-employment physical and drug test for the applicant is then scheduled. Medical examinations must be satisfactorily passed to determine fitness to perform the duties of the position. After acceptance of an applicant's physical examination and drug test results, the CRA Director may proceed with the hiring process. Tt is the CRA's intent to employ the most qualified applicant best suited for the position. Current employment with the CRA is a factor, but is not, in and of itself, determinative or controlling. C. EMPLOYMENT ACCEPTANCE The applicant must make employment acceptance within three (3) workdays of the employment offer, unless otherwise extended by the Director. If employment acceptance is declined, the Director may consider another applicant from the recruitment's applicant pool, or may choose to begin a new recruitment. Employment Procedures shall be followed in either case. Employee orientation will be scheduled. New employees must provide proof of work eligibility and verification of identity to the CRA. CRA Director will process the necessary employee paperwork for payroll purposes. The Director shall conduct a general orientation program for all new employees to explain the CRA's history and organization, to complete benefit program enrollments, and to stress the use of safe work practices and the CRA's commitment to excellent customer service. D..10B DESCRIPTIONS EXECUTZVE DZRECTOR 3OB DESCRZPTZON This is a highly visible and responsible position involving the operation and administration of a community redevelopment agency established under Chapter 163 of the Florida State Statutes. The work involves planning, initiating, and directing programs and projects for the physical and economic improvement of the designated community redevelopment area of CRA. More specifically, the work involves budgeting, capital planning and financial administration, personnel recruitment and supervision, business recruitment, land acquisition urban planning and development, public relations, and the administration of contracts for professional services and capital improvements. Work requires extensive contact with public official and the exercise of independent judgment and initiative. 12 This position is responsible to a seven-member board appointed by the City Commission and serves as the primary staff liaison to the office of the City Manager. ]:LLUSTRAT[VE EXAMPLES OF WORK Prepares an annual operating budget and capital plan for presentation for approval by Agency Board, approves budgetary requests, processes invoices and request for payment, maintains appropriate financial records, initiates an annual audit of the Agency financial conditions. Recruits, hires, trains and supervises the Agency's professional and cledcal staff, prepares and administers programs for employee performance reviews, maintains appropriate personnel records. Plans, initiates, and executes a vadety of programs and projects for the purpose of improving the physical and economic condition of the community redevelopment area, develops cdteria for the evaluation of such projects and programs, prepares regular reports on the progress of projects and programs for the Agency Board. Prepares, on a periodic basis, the CRA Redevelopment Plan, the document that gives the Agency its authority to implement programs. In addition, sub-area plans are also revised on a pedodic basis. The CRA currently has two Redevelopment Plans: The Heart of Boynton Redevelopment Plan and the Federal Highway Redevelopment Plan. Negotiates and prepares contracts for professional service and capital improvements for the community redevelopment area, administers such contracts, monitors the progress of the contracted services or improvements. Issues "Requests for Proposals" for the deposition of real property. Manages Agency assets, including commercial and residential real estate. Negotiates the acquisition and disposition of real estate for the Agency. Keeps informed of public and private sector events affecting the community redevelopment area, advises the Board of such events, represents the Agency at public functions, prepares programs for public information, maintains communication with property owners, business owners, residents, public officials, and the public at large regarding activities of the Agency. 13 7. Schedules regular meetings of the Agency Board, prepares the meeting agenda, maintains the minutes and appropriate public records of the meetings. REQUIREMENTS FOR THE POSITION 1. Extensive experience in administration and urban planning, preferably in the area of urban redevelopment. 2. An understanding of the real estate development process including design, impact analysis, and financing. 3. Knowledge of principles and practices of business and/or municipal administration. Knowledge of federal, state, and local regulations relative to urban redevelopment, including an in-depth understanding of Flodda Statute Chapter 163. 5. Considerable experience in public sector budget preparation, contract administration, and financial reporting. 6. Ability to establish working relationships with public officials, business representatives, and community organizations. 7. Ability to communicate effectively, both orally and in writing. 8. Ability to analyze information and to prepare clear and concise reports. 9. Understanding of the fundamentals of public relations, media relations, and mass communication. MINIMUM QUALIFICATIONS This position requires a Bachelor's Degree in business administration, public administration, urban planning architecture, or a related field and either a Master's Degree in a related field and either a Master's Degree in a related field of five years experience in a successful redevelopment program. 14 EXECUTZVE ASSI~STANT .1OB DESCRZP'I'ZON INTRODUCTION: The Executive Assistant of the Community Redevelopment Agency of Boynton Beach reports to the Executive Director. QUALIFICATIONS: High School diploma and a minimum of five (5) to seven (7) years of experience in a related field. Must be computer literate. JOB DESCRIPTION: 1. Report directly to the Executive Director; 2. Arrange meetings and keep Executive Director's schedule; 3. Arrange travel arrangements as necessary; 4. Handle all outside phone calls not necessary to the Executive Director 5. Back-up receptionist on phone and mail distribution; 6. General correspondence; 7. Mass mailings 8. Purchase office supplies; 9. Event planning; 10. Prepare CRA Board agenda and meeting back-up packets; ll. Deliver Board packets; 12. Attend CRA Board meetings and prepare formal meeting minutes; 13. Advertise all legal notices; 14. Prepare all necessary CRA related legal certifications; 15. Newsletter 16. Maintain CRA records disposition; 17. lVlaintain CRA general files; 18. Web page development 19. Assist CRA Board members as requested; 20. Assist general public as necessary; 21.Assist City of Boynton Beach with regard to CRA matters; 22. Coordinate CRA Redevelopment Plan Amendments; 23. Other activities as requested by the Executive Director and/or Board; 24. Perform office management functions and coordination; 25. Flodda Notary Public 26. Coordinates Events, Festivals and Seminars 27. Counsels Small Businesses in CRA on Business Practices PERSONAL CHARACTERISTICS & ABILITIES: 1. Ability to define and resolve problems; 2. Ability to work on projects independently; 3. Ability to follow written and verbal directions; 15 prepare documents and compose letters, etc.; 6. Ability to operate a computer; 7. Ability to analyze administrative problems recommendations; 8. Must possess excellent communication skills; 9. Must possess excellent typing skills; 10. Ability to supervise and schedule clerical staff. Ability to establish and maintain effective working relationships with co-workers and public; Knowledge of business English, spelling, and punctuation, in order to and make sound CONTROLLER 30B DESCI~PTI~ON ]:NTRODUCTION: The Controller of the Community Redevelopment Agency of Boynton Beach reports to the Executive Director. QUALIFICICATION: A minimum of seven (7) years experience as an accountant and a college degree related to finance, accounting, or business. Three (3) years experience in Fund Accounting, Non-Profit accounting and Grant Writing/Grant Administration. Must be computer literate including, but not limited to: All Microsolt Office Suites Components, Internet/Email Protocols, Photodelux, NT Networks, Advanced Accounting Software Package, etc. JOB DESCRIPTION: The responsibilities of the Controller fall into three major functions: accounting, financial management, and project management; however, the job description may change as the CRA'S requirements and needs change. Within the responsibilities area of accounting, the Controller will perform the following: 1. Payable and Receivables 2. General Ledger 3. Bank Reconciliation 4. Managing Cash Account 5. lob Costing 6. Check Writing 7. Monthly Financial Statements 8. Payroll; Deposits; 9. Personnel Records 10. Sales And Use Tax Returns 11. Grant Writing And Administration 16 Within the responsibility area of financial management, the Controller will perform the following: 1. Assist in preparing the annual budget and in modifying the budget on a periodic basis. 2. Assist in preparing a five-year budget and in modifying on a periodic basis. 3. Monthly cash flow forecasting. 4. Project financial analysis, assisting the Director and Board in analyzing budgets for a project. 5. Manage the insurance on all properties, personnel and the Board of Directors. 6. Coordinate the annual audit with auditors. 7. Analysis of operational expenses. Within the responsibility area of project management, the Director may give to the Controller projects to manage. The projects may be real estate oriented. SECETARY .1OB DESCRIPTION: INTRODUCTION: The Secretary of the Community Redevelopment Agency of Boynton Beach reports to the Executive Director. (Additional .lob Description Pending) EVENT COORDINATOR 3OB DESCRIPTION: INTRODUCTION: The Event Coordinator of the Community Redevelopment Agency of Boynton Beach reports to the Executive Director. (Additional .lob Description Pending) CHAPTER 7 E(~UAL EMPLOYMENT OPPORTUNTrY STATEMENT The CRA an Equal Opportunity Employer and prohibits discrimination because of race, color, creed, religion, national origin, sex, age, political affiliation, handicap (except where such factor is a bona fide occupational qualification or is required by State and/or Federal law), or marital status in all aspects of its personnel policies, programs, practices, recruitment, examination, appointment, training, promotion, retention or any other actions and operations. t? CHAPTER 8 OVERT]:ME Overtime pay may be given only for authorized or directed time worked in excess of 40 hours. Overtime will not be granted for less than a thirty (30) minute period. In calculating overtime, only actual hours worked shall be counted. CHAPTER 9 COMPENSATORY 'I'ZME An employee eligible for overtime in accordance with the pay plan may be granted compensatory time off at the same rate it was earned (i.e., straight time for straight time, time and one- half for time and one-hal0. Compensatory time can be earned, accumulated, and used, with the CRA Director's approval or direction, in accordance with the Fair Labor Standards Act. Employees who are not eligible for overtime payment as indicated in the pay plan, are expected to work the necessary hours to complete their assignments. These employees are eligible for such limited compensatory time off with permission of the CRA Director as ouUined above. The choice of whether to grant overtime pay or compensatory time rests solely with management and depends on the most efficient and economical delivery of services. CHAPTER 10 TERMZNATZON PAY There is no termination or severance pay. CHAPTER 11 RE1/REMENT BENEFIT The CRA employees shall have the option of an Individual Retirement program after one year of continuous employment. The CRA shall match up to 5% of the employee's gross salary. The program is immediately vested and is the sole responsibility of the employee to establish the account. To receive matching funding, the employee must submit a copy of the retirement account established as per IRS guidelines and request funds to be sent directly to the account. CHAPTER 12 BONUS & I~NCENTZVE PROGRAM In addition to any other monetary benefit, the CRA Director is authorized to approve a bonus of $500.00 when such a bonus is justified, in writing. This bonus will not affect the employees pay grade and step. Funds for the bonus will be budgeted as a separate allowance and administered under the direct control of the CRA Director. Employees are not automatically entitled to bonus money and only one bonus will be allowed to an employee in a fiscal. This approach is a system where the CRA Director can recognize top performance and prompt rewards can be made. The CRA Director and Chairman of the CRA Board must substantiate this top performance. The CRA Board must approve incentives. The pool for funding this program will be set per fiscal year. Employees are encouraged to be as creative as possible, while at the same time keeping the effort simple. ]:ncentive payments will be considered for the following type of activities (although they are not limited to just these type of activities): A. Project completed (detail) B. Private Investments Secured (detail) C..lobs Created (detail) D. Grant Funding Secured (detail) E. 'I'IF Growth (detail) CHAPTER 13 BONUS DAYS INTENT The intent of this Chapter is to establish a wellness program designed to minimize time lost on the job and to help reduce the CRA'S overall health insurance expenses. The CRA recognizes that employees occasionally suffer from injuries or illness necessitating the use of paid sick leave time off. However, this program provides incentive to reward those employees who use sick time responsibly. ACCRUAL All full time CRA employees covered by this policy are eligible to receive one bonus day for continuous attendance at work at the completion of each calendar quarter that the employee has not used sick time dudng the previous quarter, nor has been absent from work or on leave other than those paid leave categories recognized in this document. B. Bonus days shall be counted as vacation leave and subject to the provision set forth for use of vacation. CHAPTER: 14 HOURS OF WORK Hours of work will be determined hv CRA Director, subject to the approval of the CRA Board shall: A. Be uniform within occupational groups, and B. Be determined in accordance with the needs of the service, and C. Take into account the reasonable needs of the public who may be required to do business with the CRA. The initial office hours of operation shall be from 8:00 a.m. to 5:00 p.m., Monday through Friday, except for Approved Holidays. CHAPTER: 15 LEGAL HOI_ZDAYS Legal Holidays to be observed by the CRA's employees unless such employees are required to be on regular duty are one-half (1/2) Day New Year's Eve, New Year's Day, Martin Luther King, Jr. Day, Presidents' Day, One Religious observance day, Memodal Day, Independence Day, Labor Day, Veteran's Day, Thanksgiving Day, Date after Thanksgiving, one-half (1/2) Day Christmas Eve, and Christmas Day and such other days as may be specifically designated from time-to-time by the CRA Board. The CRA Board reserve the right to declare these and any other holidays on a date designated by them; such date does not necessarily have to be on the specified traditional date, but on a date that meets the best interest of the CRA; except if noted otherwise by union contract. Employees shall be paid for legal holidays. Those employees who work on a holiday shall also be paid for the holiday plus the time worked shall be paid at time and one-half rate. Houdy rate employees must work their regular workdays immediately before the after the holiday in order to receive pay for the holiday or be in an authorized with pay status immediately before and after the holiday. Part- time, temporary, and emergency appointed employee should not be entiUed to holidays with pay. CHAPTER 16 VACA'I'ZON LEAVE Each full time employee shall earn vacation leave at the rates shown in the scheduled outlined below. The number of day/hours credited per year will not increase after the 20~ years of service unless the schedule is amended. Tn 2O computing vacation leave, no vacation leave will accrue for any week in which the employee is not in a paid status, for 24 or more hours. A regular employee shall, upon termination of employment with the CRA, shall not be paid for unused accumulated vacation leave. New employees ale not eligible for vacation until their anniversary. VACATION ACCRUAL POLICY (Based on 40 hour work week) Years of Service Vacation Days Vacation Hours 1 Year 6 48 2 but less than 5 12 96 5 years but less thanlO 15 120 10 17 136 10 years but less than 20 20 160 20 years and alter Employees may accrue vacation leave to a maximum of the leave earned in the most recent two employment years. Vacation leave accrues dudng 12-month intervals from the date of hire and may be taken alter one year of employment. Any amount over the allowable maximum accrue vacation time that has not been used by the anniversary date will be forfeited. CHAPTER 1.7 SZCK LEAVE WTrH PAY Sick leave with pay shall be granted to regularly employed full time employees at the rate of one working day for each completed month of service (96 hours). Such leave shall be computed on an employment year basis. Sick leave pay will be paid at the same rate as a regular workday. Unlimited accumulation of sick leave is authorized. Sick leave shall not be considered as a right, which an employee may use at his/her discretion, but rather as a privilege, which shall be allowed only in case of personal sickness or disability, legal quarantine because of exposure to contagious disease, or in the case of illness within the immediate family. No more than five working days in any calendar year may be taken as sick leave because of illness within the immediate family. In the case of a prolonged, sedous illness within the family, an employee may take more family sick time only if approved by the Director and CRA Board and a doctors letter must be submitted. Sick leave will not be granted if it falls on regular days off or on a holiday. 2] In order to be granted sick leave with pay an employee must meet the following conditions: A. Notify the Director one (1) hour before the beginning of the scheduled workday of the reason for his/her absence or within lesser limits if required. B. Permit such medical examination, nursing visit or inquiry, which the CRA deems desirable C. File a written request for such sick leave on the form and in the manner to be prescribed. D. Requests for more than three (3) days sick leave must be accompanied by a doctor's certificate explaining the absence and/or unfitness for duty. E. If excessive sick leave is taken in such a way as to indicate a pattern, random or otherwise, the employee will be placed on restricted sick leave and a doctor's certificate will be required for a one-day absence. F. Employees serving a probationary pedod on an original appointment shall accrue sick leave in accordance with the provisions of this section. G. In computing sick leave no sick leave increments will accrue for any week in which the employee is not in a paid status, for 24 or more hours. H. In computing sick leave taken, all employees shall be charged one-hour sick leave for each hour not worked because of illness. Claiming sick leave when physically fit shall be cause for discharge. Employees, if work is available, may return to work with a Light Duty Certificate and/or letter from their physician provided there is work available within the CRA that would comply with the doctor's requirements, if there is no such work available the employee will remain on sick leave or workers' compensation status until he has a full release to return to work from his/her doctor. 22 CHAPTER 18 LEAVE WZTH PAY A..IURY DUTY/WITNESS FEES- The CRA Director must approve all pay granted under this section. Leave with pay may be authorized in order that regular empioyees may serve required jury duty or a subpoena issued by a court of law to appear as a witness on cases relevant to the CRA, provided that such leave is reported in advance to the Department CRA Director. Employees subpoenaed as witnesses in cases unrelated to CRA business may take vacation leave in order to receive pay. MILITARY LEAVE- All employees in the CRA service who are members of the military reserve units and who must attend annual training sessions are entitled to leave of absence with full pay. The CRA pursuant to Florida Statute 115.07 - Officers and Employees Leaves Of Absence For Reserve or Guard Training, grants up to seventeen (17) calendar days with pay each year in order that such employees may fulfill their military obligations. Full-time permanent employees in the CRA service who are called to perform military service may at the discretion of the CRA Board be granted leave of absence without pay for such service in accordance with the provisions of Public Law 93-508, Section 2021 - Right to re-employment of inducted persons; Section 2024 - Rights of persons who enlist or are called to active duty; reserves. DISABILITY- Employees who are on disability leave will have their positions held for a maximum of nine_months from the date of injury or illness. If the employee fails to comply with any provisions required by the carrier handling the claim, they will waive their dghts for reinstatement in their open position or any other position. WORKERS' COMPENSATION- Whenever an employee is totally disabled from duty for a period of no more than seven (7) calendar days because of an injury determined to be compensated under the provisions of the Worker's Compensation Act, he/she shall be entitled to full regular pay. If the pedod of disability is greater than seven (7) calendar days, the employee will be eligible to receive a sum of money up to an amount equal 23 to the difference between his/her worker's compensation check and his normal net take home pay. The injured employee will be eligible to receive the salary supplement for a period not to exceed three (3) months from date of injury. At the end of the three months, or sooner, the Director, and Chairman of the CRA Board will review the case for a determination of pay status. If continuation of the salary supplement is granted it can be at any rate determined equitable by the CRA Board, but not to exceed an amount equal to the net take home pay. in no case will the salary supplement be greater than six (6) months within an 18-month period commencing with the date of injury or illness. After six (6) months of supplemental pay within an 18 month pedod, the injured employee may elect to receive accrued sick leave and after exhausted, vacation leave, in accordance with his/her regular hourly wage, to the extent that his/her combined sick leave or vacation leave, CRA supplement (if less than the full amount authorized) and workers' compensation benefits equal his/her regular weekly net take home salary. The employee must contact the Director to qualify for the combined check. it is incumbent on the employee to make application for disability in accordance with the pension plan they are members of, or the insurance plan they are covered under. Failure to do this automatically cancels the additional CRA benefits. If the appropriate disability plan denies the claim, the additional CRA salary supplement benefit will be canceled. If the appropriate disability plan accepts the claim, the salary supplement will be canceled alter issuance of the disability pension check or at the end of the time duration ouUined above, which ever comes first. If an employee who is receiving Worker's Compensation payment along with CRA supplement, sick or vacation leave, is found to be working or receiving compensation for his/her services elsewhere, during this period, he/she will be subject to reimburse the CRA for all medical expenses and supplement sick or vacation pay taken and be subject to dismissal. COMPASSIONATE LEAVE- In the event of the death of the mother, father, foster parents, brother, sister, husband, wife, son, daughter, grandparents, grandchildren, mother- in-law, or father-in-law of a regular employee such employee shall be 24 entitled to paid compassionate leave not to exceed three (3) consecutive calendar days for any one death. However, if it is necessary for the employee to leave the State in connection with the interment of the deceased, five (5) consecutive calendar days shall be allowed. Employees must submit proof of death in order to be eligible for this article. The CRA Director may grant additional leave under this section when he/she deems it appropriate. CHAPTER 1.9 ZN-SERVZCE TRAZN[NG Any employee may be accorded leave with pay to attend an authorized training program, provided that such training will considerably improve the employee's job knowledge and substantially increase his/her efficiency: Leave is requested by the employee and approved by the CRA Director. When such leave is granted, the Personnel Director shall be promptly notified of the reason for such leave, the course work to be completed, and the probable date of the employee's return to duty. Leave shall be for time required to complete the course, in no event shall any leave be approved or granted under this rule except where there are adequate, unencumbered funds available in the departmental budget which are sufficient to cover the cost of such training. In the event the course is not successfully completed, employees granted leave under this rule should reimburse the CRA for one-half the cost of such training course. ]:f the employee leaves the CRA service within one (1) full year after completion of such training, he/she shall reimburse the CRA for the total cost of such training course if the CRA Director requires. CHAPTER 20 LEAVE WTrHOUT PAY A regular employee may be granted leave of absence without pay for a period not to exceed one year for sickness, disability or other good and sufficient reasons, which are considered to be in the best interest of the CRA. Such leave shall require the pdor approval of the CRA Director and the CRA Board. Employees that are on approved leave of absence without pay will be responsible for paying all their benefits, i.e., insurance, etc. 25 Except under unusual circumstances, voluntary separation from the CRA service in order to accept employment not in the CRA service shall be considered as insufficient reason for approval of a request for leave of absence without pay. If for any other reason, leave of absence without pay is given, such leave of absence may subsequently be withdrawn and the employee recalled to service. All employees on leave of absence without pay are subject to applicable provisions of these rules. There will be no accrual of sick leave, vacation leave or seniority during a leave of absence without pay exceeding 30 days. CHAPTER: 2:L MED:[CAL INSURANCE The employees of the CRA will have a choice between Blue Cross PPO and Blue Care HMO at no cost to them. The employees can also choose to add spouse or children at an additional cost to the employee. Spouse Only $163.13 Bi-Weekly Children Only $138.25 Bi-Weekly Family $213.78 Bi-Weekly CHAPTER: 22 OUTS:[DE EMPLOYMENT A CRA employee is permitted to engage in any business, trade, occupation or profession provided prior written approval of the department head or designee is secured; however, such activity is not permitted if it would bdng the CRA into disrepute, reflect discredit upon the employee as an employee of the CRA, interfere with the performance of the employee's CRA duties, present a conflict of interest, result in misuse of CRA property or funds, or result in use of the CRA position for personal gain. Probationary and regular full-time employees must recognize the CRA as pdmary employer in all issues regarding outside employment. CHAPTER: 2:3 G:[Frs AND GRATUTI':[ES A. Most employees are subject to the provisions of state law, including but not limited to prohibitions against: 1. Bribery (benefits for acts, decisions, opinions, recommendations, votes, or discretion); 26 2. Coercion of an employee to influence exercise of official power or duty; 3. Private communication to improperly influence an employee's official discretion in an adjudicator proceeding; 4. Tampering with witnesses (benefits or coercion for false or withheld evidence, eluding legal process, or avoiding attendance); 5. Retaliation against an employee, witne4ss, or informant for their service; and 6. Gifts from those regulated, inspected, investigated in custody, in litigation (actual or planned), or interested in any transaction involving the employee's discretion. B. In addition, the CRA imposes the following restrictions on all employees: Gift and Gratuity means a payment, loan, subscription, advance, deposit of money, services, goods merchandise, tickets, cash, present or promised, unless consideration of the substantially equal or greater value is received. "Gift and Gratuity" may include any tangible or intangible benefit in the nature of gifts, favors, entertainment, discounts, passes, transportation, accommodation, hospitality, or offers of employment. Unless authorized or excepted as herein provided, an employee shall not accept or solicit, by request or exhibiting identification (including wearing of a uniform), any gift or gratuity, including food or drink for the employee or other, from any individual, business establishment (profit or non-profit) or merchant, including but not limited to existing or potential vendors or contractors, franchisees, licensees, and/or customers of the City and/or CRA. An employee shall not receive, under any pretense, or seek, ask, or share in any fee, reward, or other reimbursement or gratuity for the performance of official duties, except as directed by the employee's department head. All prohibitions herein apply equally where the beneficiary is the spouse, child, parent, parent-in-law, brother, sister, grandparent, or grandchild of the employee. Excel: 27 a. Solicitation or acceptance of anything from a friend or relative unrelated to any employee duties or city business and based upon a personal or family relationship; b. Participation in the activities of, or the acceptance of an award for, a meritorious public contribution or achievement from a charitable, religious, professional, social, or fraternal organization, or from a non-profit educational, recreational, public service, or civic organization; c. Participation in widely attended luncheons, dinners, and similar gatherings sponsored by industrial, technical or professional associations for the discussion of matters of mutual interest to the CRA. Payment by the CRA for attendance by CRA. employees at such functions is encouraged: d. Acceptance not otherwise prohibited by law or policy of unsolicited advertising products or promotional matedal such as pens, pencils, note pads, calendars, and other items under nominal value of not more than $25.00; e. Transportation, meals, or accommodations not excessive or extravagant in nature provided in connection with seeking other employment and not otherwise prohibited by this policy. f. A gift or gratuity extended to the entire CRA extended through and approved by the CRA Director. g. As authorized in Section DA.c; below. C. The CRA Director may authorize as incident to the normal course of and in furtherance of CRA business, the acceptance of benefits, food, drink, lodging, transportation, or entertainment, the employee shall file a monthly disclosure report to the allowing authority for review and indication of approval. D. Upon offer of any gift/gratuity to an employee, the responsible employee may in case of question as to application of this policy submit the gift/gratuity proposal to the appropriate CRA Director or CRA Board. 28 E. The CRA Chairman must approve gifts, including but not limited to services, furniture, equipment, and materials in excess of $1,000 in value presented to the CRA. The C~/~ Director may approve materials of lesser value. Any employee receiving any item on behalf of the CRA will immediately report the offer or item to the CRA Board. Where practical, receipt should not be made until a report is made and approval to accept is obatine3d. The report shall include a description of the gilt, name of the donor (if known), when the gilt was received, and explanation of the propose3d disposition of the gilt. If the donor is known, the employee shall return any gilt not acceptable under this policy. If the donor is unknown, the employee will deliver any unacceptable gilt to the CRA Board, who will donate the unacceptable gilt to a non-profit charitable organization. CHAPTER 24: CONFLZCTS OF ZNTEREST Some employees are subject to the provisions of state law, including but not limited to V.T.C.A. Local Government Code, Chapter 171, Regulation of Conflicts of Interests, which prohibits: 1. Voting or decision-making involving: A business entity in which the employee or certain of his or her relatives own 10% or more of the stock, shares, or value of or owns $5,000 or more of the value of or receives more than 10% of their income from; or b. Real property valued at $2,500 or more owned by the employee or certain relatives; and 2. Acting as a surety for a business having a contract or work with the CRA or as a surety for city officials' required bonds. An affidavit is required to be filed with the city secretary. B. In addition, the CRA imposes the following restrictions on all employees: 1. No employee shall a. Have a pecuniary interest in any exchange, purchase, or sale of property, goods or services with the CRA, except in 29 full and impartial compliance with statutes, CRA charter, ordinances, and regulations applicable thereto and provided further that: The employee discloses interest to the CRA Board prior to any contact with the CRA concerning the transaction and receives a written determination of no conflict of interest; II. Such persons shall receive no favor or special concession or inducement not customarily available and granted by the CRA in such a transaction; and III. Any discretion by officers or employees of the CRA in connection with any such transaction shall be exercised impartially and upon the same standards applied to all citizens. Appear and serve as a designated spokesman or representative for, or represent another person or persons or any group or entity in their presentations before the City Council or any city department, agency, commission or board or CRA on a matter related to his/her duties, except in the official discharge of his/her official duties; provided, however, that this shall not be construed to preclude an employee from expressing personal views or personal statements for or against any issue pending before the City or CRA or preclude an employee from representing another employee or group of employees to the extend authorized by the Government Code, related to wages, hours of work, or conditions of work. c. Represent directly or indirectly another person or any group or entity in any action or proceeding: Wherein any law, policy, or procedure of the CRA is in issue or in any litigation in which the CRA or any department, agency, commission or board thereof is a party; or II. In any court which was instituted b y a city officer or employee in the course of official duties, or in any 3O proceeding in which any city officer or employee is a witness. C. Employees shall avoid any action, whetl~or or nor specifically prohibited, which might result in or create the appearance of: 1. Using public office for private gain; 2. Giving preferential treatment to any organization or person; 3. Impeding government efficiency or economy; 4. Losing complete independence or impartiality of action; 5. Making a govemment decision outside official channels; 6. Affecting adversely the confidence of the public in the integrity of the government; or Connection of the employee's public employment or position with any policy, practice standard, position, advertisement, product, or service not officially sanctioned by the CRA. Public employment or position includes the name or logo of the CRA, the name of its departments, or the use of its offices. D. The prohibitions of Section D.8.b.1) apply where the affected person is the spouse, child, parent, parent-in-law, brother, sister, grandparent, or grandchild of the employee. CHAPTER 25: POL..I'TZCAL ACTZVI'TY A. It is the policy of the CRA to encourage its employees to fully exercise their constitutional dghts as citizens to vote and participate in political activities. Although the CRA encourages active participation in electoral activities, city employees are subject to certain restrictions that apply to political activities. Definitions: Political party: a natural or state political party or an affiliated organization of such. 31 2. Election: includes primary, special, and general elections. Nonpartisan election: an election at which none of the candidates are to be nominated or elected at which none of the candidates are to be nominated or elected as representing a political party, any of whose candidates for presidential election received votes in which the last preceding elections at which presidential electors were se31ected; and/or an election involving a question or issue which is not specifically identified with a political party, such as a constitutional amendment, referendum approval of a municipal ordinance or any question or issue of similar character. This includes City Council elections of the City of Boynton Beach. .. Partisan election: an election at which any of the candidates are to be nominated or elected as representing a political party, any of whose candidates for presidential elector received votes in the last preceding elections at which presidential electors were elected; and/or an election involving a question or issue which is specifically identified with a political party, such as a constitutional amendment, referendum, approval of a municipal ordinance, or any question or issue of a similar character. Political purposes or activities: conduct in the furtherance of nonpartisan or partisan elections and/or of legislative actions by a governmental body. 6. Employee shall include probationary, regular full-time, regular part- time, seasonal, temporary, at will, and reserve peace officers. B. Permitted political purposes or activities: 1. Employees are specifically (except where otherwise prohibited herein) permitted to: a. Register and vote in any election; b. Express opinions as individuals, privately and publicly, on political issues and candidates; 32 Hold membership in a political party or other political organization and participate in its activities to the extent consistent with the law and this policy; Attend a political convention, rally, fund raising function, or any other political activity not in violation of federal, state, or local laws; e. Sign political petitions as individuals; f. Make a financial contribution to a political party, an organization, or a candidate; g. Serve as an election judge or clerk except when prohibited by Election Code. Display campaign signs on the premises of private yards and homes, place bumper stickers on pdvate vehicles or wear campaign buttons or badges when off duty and not in a uniform or vehicle that identifies one as an employee of the CRA. Become a candidate in a nonpartisan election other than mayor or council member of the City of Boynton Beach so long as the office sought has no direct or indirect contractual relation with the City of Boynton Beach, the elected office presents no conflict of interest with the employee's employment, and the employee does not hold a policy- making position (manager or supervisor) with the City of Boynton Beach. j. Work in campaign headquarters of Boynton Beach Mayor or City Commission candidates or other candidates; k. Endorse or oppose a candidate for Boynton Beach Mayor or City Commission or other office; Serve as an officer of a political party or a member of a national, state, or local committee of a political party or as an officer or member of a committee of a political club, or be 33 a candidate for any such positions, or campaign behalf of, or in opposition to, a candidate for any such positions; m. Organize or reorganize a political party organization or club; n. Organize, sell tickets to or actively participate in a fundraising function for a political party or candidate; o. Take an active part in managing the political campaign of a candidate for public office in an election, or for a candidate for political party office. p. Solicit votes in support of, or in opposition to, any political candidate; q. Serve as a delegate, alternate, or proxy to a political party convention; r. Act as recorder, watcher, challenger at the polls or ddve voters to the polls on behalf of a partisan political party or candidate; s. Endorse or oppose a candidate in an election for public office in a political advertisement, broadcast, or campaign literature, except by use of the employee's job or duty title or status as an employee; t. Address a political convention, caucus, rally, or similar gathering except6 by use of the employee's job or duty title or status as an employee; u. ~[nitiate or circulate a nomination petition or political petition as an individual; v. Distribute a card or other political literature relating to the campaign of a candidate. An employee may otherwise participate fully in any other public affairs in a manner, which does not materially compromise the efficiency or integrity of the employee as an employee or the 34 neutrality, efficiency, or integrity of the employee's department, division, or office. 3. None of the foregoing provisions of this section authorizes an employee to engage in political activities. a. That are a violation of law or this policy, or, b. While on duty, or c. While in a uniform or vehicle that identifies the employee as a CRA employee, or d. By use of the employee's official title or status, or In the offices, buildings, or non-public areas of CRA property except for permitted activities in the furtherance of legislative action. 4. The CRA Director or Board may prohibit or limit the participation of an employee or class of employees in an activity otherwise permitted by this section if participation in the activity would interfere with the efficient performance of official duties or create a conflict or apparent conflict of interest. a. Prohibited Political Purposes or Activities: 1. No Employee shall: Become a candidate for or campaign for election to: Public office in a partisan election if the employee's principal employment is in connection with an activity which is financed in whole or in part by loan or grants made by the United States or a federal agency; or 2. Any elective public office in any election if the office sought has direct or indirect contractual relation with the City of Boynton Beach, presents a conflict of interest with the employee's employment, and the employee holds a policy-making position with the City of Boynton Beach; however, this restriction shall not apply to the offices of justice of the peace or county commissioner; or 3. The office of Mayor or Council Member of the City Of Boynton Beach; 4. Make, solicit, collect, or receive political contributions at or in an office or building of the City of Boynton Beach. Solicit, collect, or receive contributions for candidates, except from members of an employee organization to which the employee belongs Engage in any political activity while on duty, while in a uniform or vehicle that identifies one as an employee of the CRA, or by use of the employee's official title or status, or in the offices, buildings, or non-public areas of city property, such as to wear campaign buttons or distribute campaign literature at work or in a city uniform or vehicle or in the offices or buildings of the City Of Boynton Beach or CRA, except for permitted activities in the furtherance of legislative action authorized by the CRA Director or the CRA Board in accordance with sanctioned CRA business; Use his/her official capacity to influence, to interfere with, or to affect the results of any election or nomination for office; 8. Address or appear at or participate in political gatherings in support of or in opposition to a candidate when the employee is acting in an official capacity or with use of the job or duty title or status as an employee; or Directly or indirectly coerce, attempt to coerce, command, or advise a state or political subdivision officer to pay, lend or contribute anything of value to a party, committee, organization, agency, or person for political purposes. 36 CHAPTER: 26 D~SC~PL~NARY ACTIONS PURPOSE A. The CRA is committed to recruit, train, and retain, qualified employees who will contribute to the CRA's mission. The success of CRA in providing quality and efficient public services directly correlates with appropriate employee conduct and performance. Employee behavior, which is positive and supportive of the goals of effective municipal management, is fully encouraged. When an employee's conduct or performance is inconsistent with the needs and goals of the CRA, disciplinary actions up to and including dismissal can occur. Progressive discipline is suggested when circumstances support its use. In proper cases, dismissal may immediately occur. D. No employee shall be disciplined or discharged without just cause. Counseling and written reprimands should be utilized as an element to motivate employees to choose behavior conducive to an individual's growth, development and most importantly, to insure the successful operation of the CRA and its services. However, in certain circumstances, punitive discipline actions will be necessary. There is no "fixed formula" for discipline, management reserves the right and prerogative to make disciplinary decisions based on repeated occurrences of varying incidents, past performance, or sevedty of the incident. Although progressive disciplinary actions are encouraged when circumstances support such use, the sevedty of misconduct and the circumstances shall determine the nature of the discipline. A number of factors should be considered in determining the appropriate level of discipline to be taken at each successive step. Such factors may include time intervals between offenses, effectiveness of prior disciplinary actions, insubordination, employee willingness to improve, overall work performance and teamwork. D. Certain misconduct is so contrary to the public interest that dismissal shall be the only appropriate disciplinary measure. 37 Fo The level of misconduct may differ in individual cases from apparently similar incidents. The CRA retains the right to treat each occurrence on an individual basis without creating a precedent for situations, which may arise in the future. This case-by-case method is designed to take individual circumstances and/or mitigating factors into account. These provisions are not to be construed as a limitation upon the retained rights of the CRA, but are to be used as a guide. The failure of immediate supervisors to document and/or take disciplinary actions for misconduct, or the failure to forward the completed disciplinary documents to the CRA Director, shall serve as grounds for disciplinary action. EXAMPLES OF MISCONDUCT: The following types of infractions, offenses, or misconduct shall represent employee noncompliance with rules, regulations, policies, practices or procedures of the CRA or the Department, or employee wrongs or offenses which violate permissible behaviors or are specifically prohibited by law. The listed reasons are for informational purposes only and are not meant to be exhaustive. Each disciplinary action shall be considered on a case-by-case basis. The following are examples of violations, which shall result in discipline and the progressive discipline actions, which may accompany the violations: MISCONDUCT Conduct unbecoming of a CRA employee. Conduct unbecoming a CRA Employee means: Employee behavior or actions on the part of the employee which hinder or jeopardize the successful operation of the CRA, undermine teamwork and cooperation among CRA employees, or undermine the public confidence in the CRA or its employees. B. Violation or disregard of CRA's Safety policy and procedures including: 1. Careless use of vehicle or equipment 2. Failure to use all safety restraints when dding in or operating a CRA vehicle; 3. Failure to wear and/or use prescribed uniforms or equipment. 38 C. Abuse of Personnel policies including, but not limited to: 1. Abuse of sick leave privileges, sick leave policy or excessive absenteeism 2. Failure to notify the CRA of current address and telephone number within ten (10) calendar days of change 3. Failure to report any outside employment. D. Abuse of departmental procedures and work rules including: 1. Failure to provide name and official title to any person requesting same when performing work related duties 2. Habitual extension of lunch periods or break period 3. Habitually late for work without valid reason 4. Smoking in prohibited areas 5. Unaubqorized solicitation, posting of material, or non-productive behavior. E. Documented failure of a supervisor to perform duties required of supervisory employees including recommending and/or taking disciplinary actions when necessary. NOTE This chart outlines the usual progression for repeated occurrences of misconduct. If serious misconduct or extreme misconduct has occurred previously, there will be faster progressive action. OFFENSE TYPE 15-1' OCCURRENCE 2ND OCCURRENCE 3RD OCCURRENCE MISCONDUCT COUNSELING VV1TH WRII-rEN SUSPENSION A WRITTEN REPRIMAND SIGNED WITHOUT PAY OR SUMMARY OF BY EMPLOYEE AND DISMISSAL COUSELING SIGNED PLACED IN FILE BY EMPLOYEE AND PLACED IN FILE 39 SERIOUS MISCONDUCT Violation or disregard of CRA's Safety policy and procedures including: 1. Continued misuse of equipment or negligence resulting in injury to self, others, or damage to CRA equipment or property 2. Horseplay potentially hazardous to life or property 3. Unauthorized use or unsafe operation of CRA property, equipment or vehicle. B. Abuse of Personnel policies including: 1. Threatening a co-worker or supervisor 2. Use of abusive language to or about an employee, co-worker, supervisor, or the public 3. Insubordination, meaning the failure to recognize or accept the authority of a supervisor. C. Abuse of departmental procedures and work rules including: 1. Sleeping on the job 2. Absent without calling in within one hour of shift start time 3. Disrupting or hindering operations 4. Failure to work required overtime assignments, special hours, special shifts or unavailability during stand-by status 5. Outside employment which conflicts, interferes or otherwise hampers the performance of the employee in their CRA job 4O D. INEFFICIENCY OR INCOMPETENCY The inefficiency or incompetence in the performance of assigned duties may result in demotion, or disciplinary action up to and including termination. Examples of poor performance shall include failure to provide responsive, courteous, high quality work or repeated failure to support CRA goals, and contribute to CRA success. Employees who receive an OVERALL "Partially Meets Standards" or "Does Not Meet Standards" evaluation (rating of I or 2) shall be given a follow-up evaluation within 60 days of the initial "Partially Standards" or "Does Not Meet Standards" evaluation. More than one overall rating of "Below Standards" may subject the employee to demotion or disciplinary action up to and including termination. It is the responsibility of every employee to perform at a minimum level of "Meets Standards", as outlined in the Incentive Pay System Policy. The following chart ouUines the progressive discipline for three occurrences of serious misconduct. If misconduct or sedous misconduct has occurred previously, there will be faster progressive action. OFFENSE TYPE 1ST OCCURRENCE 2ND OCCURRENCE 3RD OCCURRENCE SERIOUS WRI-ITEN SUSPENSION DISMISSAL MISCONDUCT REPRIMAND OR WITHOUT PAY OR SUSPENSION DISMISSAL W~-I'I-IOUT PAY EXTREME MISCONDUCT 41 A. Violation or disregard of CRA's Safety policy and procedures including: Failure to report an on-the-job injury or accident within 24 hours to Director; Supervisors failure to report an employee's on the job injury to the CRA Director within 24 hours and/or completion of necessary documentation; Lighting on the job or engaging in any intentional act which may inflict bodily harm on anyone; Operating a CRA vehicle or equipment without a proper and valid driver's license; 5. Failure to report the revocation or suspension of a driver's license when employment involves ddving. B. Abuse of Personnel policies including, but not limited to: 1. Possession of a firearm or concealed weapon on CRA or property or while performing official CRA duties; 2. Gambling dudng work hours; 3. Suspension or revocation of any required job-related licenses or certification 4. Refusal to sign a disciplinary form. C. Abuse of departmental procedures and work rules including: 1. Unauthorized personal use of CRA equipment or funds 2. Conducting personal and/or private business on CRA time; improper use of CRA time for such activity 3. Falsifying attendance records 42 3. Falsifying attendance records 4. Other rules as communicated by dirA +or. D. Illegal, unethical or improper acts including: 1. Theft or removal of CRA property without proper authorization Falsifying employment application or concealing information during pre-employment screening or processing Soliciting or accepting an unauthorized fee or gift or failure to comply with Chapter 112, Flodda Statutes ,, Giving false information, or failure or refusal to fully cooperate or provide full, truthful information in CRA initiated investigations Possession, use or sale of illegal drugs, alcohol or prescription medication which alters the employee's performance on the job; or any confirmed positive drug test Possession or use of alcohol while on duty; or reporting to work under the influence of alcohol 7. Refusal to participate, if offered, in a drug/alcohol rehabilitation program 8. Refusal to submit to a CRA required drug or alcohol test 9. Falsifying or attempting to falsify a CRA-ordered drug test 10. Violating the CRA's Sexual Harassment policy through interaction with another employee or a member of the public 11. Conviction of a felony (including non-work related). The following chart outlines the progressive discipline for two incidents of extreme misconduct. If misconduct or serious misconduct has occurred previously, there will be faster progressive action. 43 OFFENSE TYPE 1S'i' OCCURRENCE 2ND OCCURRENCE EXTREME OR SUSPENSION DISMISSA! UNLAWFUL WITHOUT PAY OR MISCONDUCT DISMISSAL PROCEDURE FOR DISCIPLINARY ACTION A. When an immediate supervisor becomes aware of conclusive evidence of the need for employee discipline, he/she becomes responsible and shall investigate the circumstances of the misconduct, or lack of performance, prior to deciding upon the type of disciplinary action to be recommended or taken. Documentation of the discipline investigation or of the conduct shall be required on the part of the immediate supervisor in order to establish appropriate records. The CRA Director will be available to assist in such investigations. In cases where investigations of a more substantial nature are required, the following types of administrative review shall be administered. Administrative Review: Investigations of non-criminal violations conducted in the absence of immediate or conclusive evidence involving any CRA employee, with the exception of Police Department employees. These investigations shall be conducted by the Director, who shall obtain all sufficient information, including documentation and/or swom statements, in order to determine the necessity or level of disciplinary action. The CRA Director shall assume responsibility for acquiring any necessary sworn statements. Administrative investigations shall be conducted expeditiously. Criminal Investigations: Investigations conducted when any employee of the CRA reportedly commits criminal violations. These investigations shall be conducted by the Police Department, in collaboration with the Director of the involved employee. In instances where an investigation of serious, unlawful or other extreme misconduct is necessary, administrative and/or criminal investigations shall be conducted pdor to the effective date. The immediate supervisor may initiate a three-day or less suspension with pay to afford a supervisor the opportunity to investigate an alleged incident or misconduct in the absence of the employee. Suspensions of more than three days require the approval of the Director. This practice may also be used in the event that alleged misconduct is severe but unproven. The immediate supervisor shall immediately notify the Director alter the suspension is issued, so that the matter can be investigated at once. Do A recommendation for disciplinary action may result from the findings of an investigation. If disciplinary measures are not recommended alter the investigation, the suspension with pay period shall not be construed as disciplinary in nature. A document confirming a favorable determination as to the matter should be made a part of the employee's record. TYPES OF DISCIPLINARY ACTION: A. Counseling - Consists of warning the employee to correct or improve performance, work habits, or behavior, and counseling the employee on improvements expected. Counseling serves as a warning against further repetition of employee behavior. Future violations will result in discipline up to and including termination. Written Reprimand - Consists of issuing a written notice of reprimand to improve performance, work habits, or behavior. ^ written reprimand should include a complete description of the incident(s) of misconduct, inappropriate behavior, work habits, or performance which require improvement; previous records of discussion; a time frame within which the employee must correct or improve his/her behavior; and a waming that future violations will result in further disciplinary actions up to and including termination. Written reprimands shall be signed by the employee to acknowledge receipt and to the Director for retention in the employee's records, with a copy provided to the employee. Employees may submit comments for inclusion in the record. The employee may be required to complete a written plan for correction of the behavior. When the written reprimand contains a time frame for employee improvement, a follow-up discussion at the end of the designated time period should be conducted. This follow-up discussion will provide a specific opportunity to review the employee's improvement relative to the discipline. Written reprimands should be reflected on the employee's performance evaluation along with any noted improvements. 45 Suspension Without Pay - Consists of an employee being prohibited from returning to work until the specified period of suspension has passed or the forfeiture of vacation time, if agreed to by the employee. D. Suspensions without Day shall be used when an employee is removed from the job due to extreme misconduct or unlawful behavior, or when instances of progressive discipline support a suspension without pay for a specified period of time. Any time an employee is suspended for discipline, the suspension shall be without pay. With the written authorization of the Director, immediate supervisors have the authority to issue a suspension without pay for three working days or less. Suspensions without pay beyond three working days require prior concurrence by, CRA Director, review by the CRA Attorney's Office and authorization by the CRA Board Director. The CRA Director shall notify employees being suspended without pay in writing. The written notification shall consist of the reason for the action and the duration of the suspension without pay. ~[t shall also include a statement that future violations will result in further disciplinary actions up to and including termination. Employees may submit comments for inclusion in the record. Written notification of a suspension shall be signed by the suspended employee acknowledging receipt of the written notification, and included in the employee's records, with a copy provided to the employee, and the CRA Files. Demotions - In the context of this policy, demotion consists of an employee being involuntarily removed from higher-level classification to a lower level classification, with a resulting decrease in salary. Although not limited to such instances, demotions may occur in some cases because of an inability to fulfill the duties of the higher-level job in a satisfactory manner; or a failure to comply with employment conditions, such as licensure or certification. In addition, probationary employees shall be subject to demotion without the CRA being required to state a reason. The probationary employee shall not have access to any appeal process with regard to the demotion. 46 Immediate supervisors should discuss the potential demotion of an employee with their chain of command prior to a written recommendation for demotion. The Director shall then submit the written recommendation to the CRA Board. Demotions require concurrence from Director, review by the CRA Attorney's Office and authorization from the CRA Board prior to being effected. The Director shall provide written notification of demotions to the employee. Such notices shall include the final decision, the reason(s) for the decision, the employee's new classification title, the new pay range and pay rate, and the effective date of the demotion. Wdtten notifications shall also include that future violations will result in further disciplinary actions up to and including termination of employment. All documentation of a demotion shall be retained in the employee's file. Employees may request a demotion to a lower level classification voluntarily. Such demotion shall not be punitive. Employees may submit comments for inclusion in the record. Written notification of a demotion shall be signed by the employee acknowledging receipt of the written notification for inclusion in the employee's records. Dismissal - Dismissal is a result of an employee's involuntary termination, which severs the employment relationship. At such time all employee benefits cease, except as otherwise provided by law. ]immediate supervisors shall supply thorough documentation and discuss recommendations for an employee's dismissal with their chain of command. Upon receiving a wdtten recommendation from the Director shall submit the documentation to CRA Board. Dismissals shall be effected only with the concurrence of Director, review by the CRA Attomey's Office and authorization by the CRA Board. A written notice of recommended termination shall be given to the employee in person. However, alter two unsuccessful attempts to deliver the notification, then the notice shall be sent via U.S. mail to the most recent address on record in the personnel file. The recommendation shall include the following information: 1. The underlying reasons for the recommended termination. 47 2. Documentation upon which the Director relied in formulating said recommendation. An explanation of his/her rights to request a Predetermination Headng prior to termination taking effect and the fact that the decision of the CRA Board's shall be final. The dismissal recommendation and the CRA Board's final decision shall be placed in the employee's Personnel file. Employees may submit comments for inclusion in their Personnel file. Probationary employees who have not successfully completed the established probationary pedod shall be subject to dismissal without cause, alter review by CRA Director. At the time of dismissal, employees are required to surrender, all CRA property, which may be in their possession, or custody and all other conditions for termination must be complied with prior to issuance of final check. RIGHT TO PREDETERMINATION HEARING: Prior to the effective date of any suspension without pay of five days or more, or a termination, the CRA shall conduct a predetermination hearing. The Director and the CRA Board Chairman shall conduct the predetermination headng. The employee shall be provided with reasonable notice of the predetermination headng date and of the charges, which are the grounds for the disciplinary action. The employee may be accompanied and assisted at the predetermination headng by a representative or his or her choice. The employee shall be afforded the opportunity to present information in defense or mitigation to the charges brought against the employee. Following the predetermination headng and any further investigation into issues raised by the employee in defense or mitigation of the charges, the Director and the CRA Board designee shall sustain, reverse, or modify the disciplinary action and give the employee written notice of their action and at the same time establish the suspension or termination date(s) if appropriate. EMPLOYEE APPEALS A. Probationary employees shall not have the right to appeal any type of disciplinary action. Regular employees may respond to discipline actions of counseling, written reprimand and suspensions with or without pay, of less than five (5) workdays, or demotions, by requesting administrative review by the Director. Such request shall be made within ten (10) calendar days of the imposition of the discipline. The Director shall review the disciplinary action in question and shall either sustain, reverse, or modify the disciplinary action. The Director's disposition shall be made within thirty (30) days of the employee's request for review. The Director's disposition is final and not subject to further review. Regular employees have the dght to binding arbitration of any suspensions without pay of, five days or greater, or dismissals by requesting binding arbitration within ten (10) business days of the employee's receipt of formal notification of recommended suspension or dismissal. The CRA and the employee may waive the selection process by mutually agreeing to the appointment of an arbitrator. ]:f there is no waiver the CRA shall request a panel of five arbitrators from the American Arbitration Association or the Federal Mediation and Reconciliation Association within ten (10) days of a request for arbitration. The CRA and the employee shall alternately strike one name, until one name remains and that individual shall be designated as the arbitrator. The arbitration shall be scheduled within forty-five (45) days of the date of appointment of the arbitrator. Continuances shall not be granted except for good cause and in any event, not more than one continuance shall be granted to either the employee or the CRA. Fo The decision of the arbitrator shall be made within twenty (20) days following the close of the arbitration or submission of written briefs, whichever occurs last 49 G. The decision of the arbitrator is binding and final. H. The arbitrator may not modify the discipline but shall either sustain or reverse the discipline. The arbitrator's charges, including fees and costs shall be divided and paid equally by the parties to the arbitration. Each party shall be responsible for their own attorney fees, if any. CHAPTER: 27 FORMAL GRZEVANCES It shall be the general policy of the CRA to anticipate and avoid occurrence of valid complaints or grievances, and to deal promptly with any, which may arise. Except where there is an acceptable reason for not doing so, all matters of this nature will be handled and transmitted through supervisors in the following order, according to the department's chain of command: Immediate Supervisor CRA Director CRA Board of Directors PURPOSE The primary purpose of this grievance procedure is to determine what is right rather than who is right. Free discussion between employees and supervisors will lead to better understanding by practices, policies and procedures, which affect employees. Discussion will serve to identify and help eliminate conditions, which may cause misunderstandings and grievances. This purpose is defeated if a spirit of conflict enters into the consideration of a grievance. Supervisors and employees alike must recognize the true purpose of the grievance procedure if it is to be of value in promoting the well being of the CRA. Director shall establish rules for the processing of grievances. Rules may be amended from time to time, but should have as their objective the prompt and efficient disposition of a grievance. Grievances are to be initiated by employee within ten (10) days of the event-giving rise to the grievance, or the grievance is waived. Once initiated the time sequence for review and response to the employee should not excce, d twenty (20) working days. The decision of the Director regarding disposition of the grievance is binding and not subject to further review. 5O CHAPTER: 28 EMPLOYMENT OF RELATZVES PURPOSE: To set guidelines regulating the employment of relatives of elected officials or CRA employees. BASIC REQUIREMENTS: A. Compliance with state law nepotism rules. B. Elimination of hiring practices, which result I conflicts of interest, favoritism or the appearance of impropriety. PROCEDURES: A. No person may be hired into the same department in which he/she has an "immediate family" member working, if one supervises or evaluates the other. B. No person may be transferred into a department in which he / she has an" immediate family" member working if one supervises or evaluates the other. Provisions of this policy will not affect persons employed and assigned at the time this policy goes into effect. Persons becoming husband and wife while working within the same department may not both continue their employment in the same respective department, if one supervises or evaluates the other. D. The provision of Flodda statute 112,3135, regarding nepotism shall control over any provision of the policy. CHAPTER: 29 SEXUAL HASASSMENT PURPOSE The CRA is committed to providing a work environment that is free of sexual harassment. Actions, words, jokes or comments based on an individual's sex will not be tolerated. Sexual conduct (both overt or subtle) is a form of employee misconduct that is demeaning to another person, undermines the integrity of the employment relationship and is strictly prohibited. Provisions are hereby established to provide for effective complaint procedures available to all employees for investigations of alleged sexual harassment. Violations of this policy will result in disciplinary actions up to and including termination. Further it is the CRA's policy to act affirmatively to dissuade such practices through communication, training, and other appropriate methods to sensitize the employees to sexual harassment issues. DEFINITION Sexual Harassment is defined as unwelcome sexual advances, requests for sexual favors and / or other verbal or physical conduct of a sexual nature, which creates a hostile or intimidating environment. Sexual harassment does not refer to occasional compliments of a socially acceptable nature or welcome social relationships. Unless the conduct is blatantly offensive, a single incident or remark does not general create a hostile environment. Sexual harassment includes sexual advances and suggestions where: A. Submission to such conduct is either an expressed or implied term or condition of employment. B. Submission to or rejection of such conduct is used as a basis for an employment decision affecting the harassed person. C. The conduct has the purpose of effect of interfering with an individual's work performance or creaUng an inUmidating, hosUle or offensive work environment. The policy prohibits behavior that is not welcomed by the employee and is personally offensive such as, but not limited to: A. Sexual flirtation, advances or propositions B. Verbal abuse of a sexual nature, sexually related comments and joking, graphic, or degrading comments about an employee's appearance, or the display of sexual objects or pictures. 52 C. Any uninvited physical contact or toughing, such as patting, pinching or intentional brushing against another's body. PROVISIONS All levels of supervisors share responsibility for communicating this policy, for recognizing, responding and taking corrective actions, and / or preventing sexual harassment of CRA employees. Employees who feel they are a victim of sexual harassment have an obligation and a duty to advise the individual instigation the sexual harassment that the conduct or behavior is unwelcome and offensive. If the behavior continues, the employee should immediately report the behavior to his or her own supervisor or Director. The individual instigation the sexual harassment may not necessarily be another employee, co-worker, or supervisor, but may also is an other person conducting business for or with CRA employee. PROCEDURES A. Employees should report their sexual harassment complaint immediately. The employee has the option of reporting the complaint as follow: 1. To their supervisor or 2. To the Director or CRA Board Chairman. B. If the Director is the person accepting the complaint, he / she or she will notify the Chairman of the CRA Board. The director will begin coordination and conducting the investigation process in a timely manner. A wdtten statement will be requested of the complainant. The CRA will provide an administrative response in a timely and reasonable manner (within 30 days, if possible). The response will indicate corrective actions, if any, to the employee filing the complaint and to the individual (s) involved in the sexual harassment. 53 E. ]:f the employee perceives the situation to be threatening, that employee may request authorization to use accrued annual leave or leave without pay or a job transfer. Approvals wi!?g' determined on a case-by-case basis. F. Disciplinary and / or corrective actions shall be imposed based upon the sevedty of confirmed sexual harassment. Confidentiality shall be maintained to the extent allowed by laws to the persons involved in any investigation of a complaint. Unnecessary disclosures shall be prohibited. Employees exercising their rights by filing complaint in good faith will not be retaliated against by the CRA regardless of the findings of the investigation. However, any employee found to have provided false or misleading information or does not fully cooperates with an investigation when filing a complaint may be subject to disciplinary actions. 1~. Administrative operation procedures as determined by the Director for this policy shall be applicable. CHAPTER: 30 EFFECT~E DATE OF POLZC:IES The effective date of this policy will be October 1, 2002. The policies shall be applicable to all employees hired after October 1, 2002. A permanent employee who timely makes the election to be covered by these policies, will continue to accrue sick and vacation time in the same manner he or she accrues it under Civil Service. 54 COMMUNITY REDEVELOPMENT AGENCY FINANCIAL MANUAL TABLE OF CONTENTS CLOSING A FUND ........................................................................................... 2 AUDIT CONFIRMATION LETTERS ................................................................. 4 PREPARING FINANCIAL STATEMENTS-OVERVIEW .................................. 5 ACCOUNTS PAYBALE FORM 121 PROCESSING ........................................ 8 PAYMENT OF UTILITY BILLS ........................................................................ 9 PURCHASES ORDERS REVIEW PROCESS ............................................... 10 PURCHASE ORDER INVOICE PROCESSING ............................................. 12 CHECK DISBURSEMENT PROCESSING .................................................... 13 PROCESSING HAND-TYPED CHECKS ....................................................... 14 ACCOUNTS PAYABLE- ACCOUNTING REPORTS ................................... 15 MAINTAINING A LISTING OF LEGAL PAYMENTS FOR AUDITORS ......... 16 BUDGET PROCESS ...................................................................................... 17 BUDGET PREPARATION ............................................................................. 18 BUDGET TRANSFER REQUEST .................................................................. 19 FIXED ASSET PROCEDURES ...................................................................... 20 ACCOUNTING FOR FEDERAL GRANTS ..................................................... 21 BANK RECONCILIATION ............................................................................. 23 DISTRIBUTION OF STATE POOL INTEREST EARNINGS .......................... 24 JOURNAL ENTRIES / ADJUSTMENTS ........................................................ 25 C.I.P. SUBSIDIARY LEDGER ........................................................................ 26 STATE SALES TAX ....................................................................................... 27 INTER FUND TRANSFERS ........................................................................... 28 CONNECTING TO CRA BANK ..................................................................... 29 PROCESSING PAYMENT OF CREDIT CARD PROGRAM .......................... 30 LOG AND PROCESS RETURNED CHECKS ................................................ 31 PAYROLL PROCESSING .............................................................................. 32 APPENDIX ..................................................................................................... 33 CLOSING A FUND SUBJECT: All funds must be closed before the Comprehensive Annual Financial report can be prepared. PURPOSE: The purpose of this procedure is to provide general guidelines involved in closing a fund. PROCEDURE: 1. Once a month of September has been closed, print out an Activity listing for the entire year for the fund (s) you will be closing. The following areas should have supporting documentation / detail. If the supporting documentation does not agree with the general ledger, the error must be found and corrected via a journal entry. A. Receivables B. Payables C. Prepaid D. Inventories E. Property, Plant & Equipment F. Deposits G. Accruals 3. For all reserves, a schedule must be prepared which indicates beginning balance, additions, deletions and ending balance. If there is any Due To/Due From accounts, check these against their offsetting balances in other funds. If these do not balance, correct as above. After all payables, accruals, and known adjustments have been posted, repdnt a general journal or tdal balance and once again vedfy that the above areas are balanced. At this point, pdnt a summary revenue and expenditure report. Scan these reports for any large remaining balances. Investigate any substantial amounts for potential problems. (Sometimes, revenue may have been received but improperly credited. Likewise for expenditures.) All interfunds transfer accounts should have zero balances. Capital outlay accounts should have balances near zero. 7. When all accounts in the fund have been reconciled and verified, the financial statements can be prepared. AUDIT CONFIRMATION LETTERS SUB~P~T: Letters are sent out at the end of each fiscal year to various banks, associations and agencies requesting account acknowledgement and verification, or information as needed to complete and annual audit. PURPOSE: The purpose for this procedure is to describe what is to be done, when and how, as well as where to find the files. PROCEDURE: 1. The auditors will edit and update copies of letters sent for previous audit. The copies are submitted to Controller for updating letters on file, which may be revised several times before the Controller signs them and retumed to the Audit Firm to be mailed. 2. Locate Audit letters 3. Letters are numbered. Update and edit per copies submitted by auditors and return to them for approval. 4 PRE~^.RING FINANCIAL STATEMENTS-OVERVIEW SUBJECT: Financial Statements are prepared as part of the Comprehensive Annual Financial Report. PURPOSE: The purpose of this procedure is to provide general guidelines in preparing financial statements. PROCEDURE: Several financial statements must be prepared for each depending upon the fund type. BALANCE SHEET: 1. Most accounts will fall easily into place on the Balance Sheet. 2. Verifying the Assets equal Liabilities and Fund Equity, and actual classification of accounts. 3. Verifying bank balances equal balance sheet. 4. Verify all details all prepaid totals. 5. Verify all details account receivable and grants receivable 6. Verify all details accounts payable. STATEMENT OF REVENUE, EXPENDITURES AND CHANGES IN FUND BALANCE AND RETAINED EARNINGS: 1. These statements are prepared in the same manner (also sometimes called an Income Statement). Most accounts will also fall easily into place on this statement. 2. When posting revenues and expenditures/expenses, refer to any reserve schedules for additional income or expenditures/expenses. 3. Check for any entdes, posted directly to Fund Balance-Retained Earnings. 4. Check ending Fund Balance/Retained Earnings make sure is equal the Fund Balance/Retained Earnings on the Balance Sheet. SCHEDULE OF REVENUE-BUDGET AND ACTUAL: 1. On spread sheet pre;- "~, a comparison of Budget to Actual by Month for revenue and by Budget to Actual YTD use a print out of Revenues. SCHEDULE OF EXPENDITURES AND ENCUMBRANCES COMPARED WITH APPROPRIATIONS: 1. Referring to the printout of expenditures can complete this schedule. Encumbrances refer to prior year's encumbrances paid in the current fiscal year. These amounts can be obtained form the supporting documentation in the prior year's work papers. STATEMENT OF CASH FLOWS: 1. The first step is to create a worksheet. 2. Detail cash/checks sent out and cash/check in. OPERATING EXPENSES: 1. Most amounts will be easily obtainable from the pdntout of expenditures. The total expenses must equal the Operating Expenses on the Statement of Revenue, Expenses and Changes in Retained Earnings. Spread sheets balance/actual by month/by YTD. SCHEDULE OF CHANGES IN PROPERTY, PLANT AND EQUIPMENT: 1. On an spread sheet track changes on property, plant and equipment. PREPARING FINANCIAL STATEMENTS-OVERVIEW 1. To be determined by the Executive Director SCHEDULE OF BONDS AND ACCRUED INTEREST PAYABLE: 1. To be determined by the Executive Director LONG TERM DEBIT SCHEDULES: 1. To be determined by the Executive Director STATISTICAL SCHEDULES: 1. To be determined by the Executive Director and CRA Board of Directors. ACCOUNTS PAYBALE FORM 121 PROCESSING SUBJECT: A Form 121 is used to make payments for direct payments such as subscriptions, advertising, insurance payments, postage, utility payments, travel reimbursements, Professional services, etc. PURPOSE: Direct payments will occur from a Form 121. Checks for Form 121 are written each week. The requested payment of Form 121 is due to Controller no later than 5:00 p.m., Tuesday in order to receive a check on Friday. The Executive Director reviews and approves 121's weekly. Once approved, they are sent to the Controller for processing. The direct payment process allows payments without the creation of a purchase order. PROCDURE: Before processing the Form 121 place in alphabetical order by vendor. Many 121's are processed without identity to the vendor number. The first step is to insure all 121's have a proper vendor number by using the following process: LOOK UP/ADD/CHANGE VENDOR: See Accounting Software Operation Reference Manual ENTERING 121 'S See Accounting Software Operation Reference Manual EDIT ! UPDATE See Accounting Software Operation Reference Manual PRINTING CHECKS See Accounting Software Operation Reference Manual PAYMENT OF UTILITY BILLS SUBJECT: Each month the CRA receives bills for telephone, electricity, water, sewer and garbage. Since billing dates range throughout the month, the bills are collected and complied for payment every two weeks. PURPOSE: The purpose of this procedure is to collect and compile these bills on a form 121 for payment for each vendor in a timely manner. PROCDURE: 1. Monthly bills from City of Boynton Beach Water department, FP & L, and Bell South are opened by the Executive Director and initialed for payment. 2. The Executive Director sends the bills to the Controller for payment. 3. The Controller complies reports at least every two weeks with that accounts do not become delinquent. 4. All 121's and bills are put into the Accounting System according to the software operations reference manual. 5. All checks are pdnted and checked for accuracy. 6. The controller then gets two signatures for the checks. 7. Checks are mailed out. 8. Copies of checks and bills are attached to copy of 121 and file in accounts Payable file drawer. PURCHASES ORDERS REVIEW PROCESS SUBJECT: Requisitions are submitted electronically to the controller where, after internal reviews, the requisition is cut into a purchases order and the Controller reviews and signs the purchases order. The purchases order is then reviewed and signed by the Executive Director and returned to the purchaser. PURPOSE: This internal process for signing off on the purchase order provides a check and balance pdor to releasing the purchase order, which is a legal binging contract upon the CRA. The review by the controller is primarily to verify to assure the item has been propedy budgeted and the accounts reflected on the purchase order are correct. PROCEDURE: 1. The Controller will generate the purchase orders. Once completed it will go to the Executive Director for approval then retumed to the Purchaser. 2. Things to look for in the purchase order review process: Proper purchasing policy quotations have been followed. A. Under $500 - no quotes necessary. B. $500-$1999. - Three verbal quotes. C. $2000-$4999 - Three wdtten quotes & Director signature. D. $5000-$9999 - Three written quotes & Director signature & CRA Chair E. $10,000 or over- Formal Bid & Board Approval 3. Purchase Order over $5,000 requires reference to a bid and signature of Executive director, or designee. Capital items are to be checked against the budgeted capital item listing section of the budget document. Non- budgeted capital items require the approval of the Executive Director, or designee. Review accounts for propriety to assure it is being distributed to the correct account and check to see that capital items are being propedy charged to the capital accounts. 7. Purchases order over $10,000 requires reference to a bid, and board approval. 8. After the review is completed signed purchase orders will distribute to proper departments. PURCHASE ORDER INVOICE PROCESSING SUBJECT: Invoices are received daily form vendors that relate to Purchases Orders. These invoices have to be propedy matched to the related to the original purchase order and verification of receiving prior to payment processing. PURPOSE: To ensure the processed invoices have been approved and received by the ordedng departments and matched to the correct purchase order. PROCEDURE: 1. When products are received a copy of the invoice is returned to the controller with all products accounted for. When billing invoices are received the controller matches the billing invoices with the purchase order and copy of the receiving invoice when the products were delivered. 3. Controller enters the invoices into the Accounting system according to the Accounting Software References Operations Manual. 4. Controller will pdnt checks and obtain the proper signatures on the checks. 5. Controller will distribute checks to proper companies. CHECK DISBURSEMENT PROCESSING SUBJECT: Check disbursement processing is to be initiated when all Accounts Payable have been updated and you are ready to run the checks. PURPOSE: The purpose of this procedure will set up the files for the Accounts Payable Vendor files and checks as well as set procedures for running checks reports. PROCEDURE: See Accounting Software Operation Reference Manual for printing reports and checks. PROCESSING HAND-TYPED CHECKS SUBJECT: Occasionally checks are needed to pay vendors, and the controller cannot wait until the Friday check run. The checks are hand-typed and then later entered into the system. PURPOSE: The purpose ofthis pmcedureistolistthe steps needed to produce a hand - typed check. PROCEDURE: 1. Checks used for hand typing are located in the Controller office. The controller will take a check, log the check number, date and initial. Hand- typed check request are made via 121 forms. These forms will list payment amount, the pay to, account number vendor number and reason for payment. On the top half type date, check number, amount and "pay to". On the next line type a short explanation for the check, include invoice numbers, confirmation number, etc. 4. Make a copy of the check and attach it to the 121 form and invoices. 5. Controller will give check to Executive Director for signature and acquire second signature. 6. All hand written checks are entered into the accounting software system as per the Accounting Software Operations Reference Manual. 14 ACCOUNTS PAYABLE- ACCOUNTING REPORT~ SUBJECT: Accounts Payable accounting reports are run before checks are run and an aging report on accounts payable is run at the end of the month. PURPOSE: Accounts Payable accounting reports are to bring the purchasing transactions together so they can be edited/updated. PROCEDURE: See Accounting Software Operations Reference Manual MAINTAINING A LISTING OF LEGAL PAYMENTS FOR AUDITOR~ SUBJECT: A payment schedule is complied of all legal- related payments during the fiscal year. The auditors use this schedule to verify payments. They request the schedule at year-end. PURPOSE: The purpose of this procedure is to keep a running tally of legal fees. PROCEDURE: After vendor's checks are processed, any check copies and backup related to legal fees is used to update the legal fees schedule which is in spread sheet software. Complete list according to information requested: 1. Firm's Name 2. Reason for check (briefly) 3. Account Number 4. Check Date 5. Check Number 6. Check Amount BUDGETPROCESS SUBJECT: An annual operation budget is required by the CRA. PURPOSE: The purpose of this procedure is to provide a general outline of steps involved in the preparation of the annual budget. PROCEDURE: The budget process begins by meeting with the Executive Director to develop a calendar for the upcoming budget process. At the "Kick Off" meeting, the departments are given general instructions regarding revenue streams, new personal request, ect. Departments are allowed approximately 2 to 4 weeks to develop their requests. During the following few weeks the Controller meets with the departments to review their requests. Once all the departments have presented their needs, the Controller meets to review, access and prioritize needs and balance the budget. Dudng late July the Workshop Budget is prepared and forwarded to the Board who meet dudng informal workshop(s) to discuss the budget and to obtain public comment. 4. Dudng the month of September a public headng is held to obtain public (taxpayer) input and adopt the final budget. 5. The final budget document is compiled, pdnted and distributed as soon as possible after adoption of the final budget. BUDGET PREPARATION SUBJECT: Preparation of an annual operating budget. PURPOSE: The purpose of this procedure is to provide a general outline of the steps involved in generating the line item budget on the computer. PROCEDURE: All budgeting preparation and processing can be completed on an spreadsheet. BUDGET TRANSFER REQUEST SUBJECT: The budget transfer request is processed to initiate a transfer of funds between line items in an adopted budget. PURPOSE: The purpose of this policy is to formalize the procedure for processing a budget transfer request. PROCEDURE: 1. A department will initiate a request in response to a need for additional funding in a particular budgetary line item. The budget transfer request form is on an excel spreadsheet. The requesting department completes this form indicating which account (s) to increase and decrease and the reason / justification for the request. 2. The form requires the department head's signature before forwarding to the Controller. The Controller and the Executive Director or designee then approves the form. 3. After all approvals have been secured, the form is given to the Controller for processing in the Accounting Software system. 4. The Following steps are to process the transfer: See Accounting Software Operations Reference Manual 5. Make two copies of the Budget transfer request form. One copy is filed in the Controller's Office and the other copy is forwarded to the requesting department notifying them their request has been processed. FIXED ASSET PROCEDURES SUBJECT: Assets are items the CRA owns and classifies as fixed assets. A fixed asset is an item that has physical substance and a total life of at least one-year and a cost over $1,000.00. Fixed assets are acquired as capital investments rather than as short-term consumption items. An asset may also be an improvement to another asset. The asset improvement is assigned to a base asset. Base assets and asset improvements are depreciated separately. PURPOSE: The Fixed Assets Procedures are to insure to recording and reconciliation of fixed assets to the Balance sheet. PROCEDURE: 1. On an spreadsheet Fixed Asset, Date Purchased, Years to Depreciate and Value spreadsheet will be compiled for depreciation. On a monthly basis the depreciation expense and accumulated depreciation will be added to accounting package according to Accounting Software Operation Reference Manual. 20 ACCOUNTING FOR FEDERAL GRANTS SUBJECT: The CRA receives a number of federal grants from various Federal, State, and Local agencies. The grant awards come from Federal Direct, Federal Though State, and Local Funds. All federal grants are accounted for separate department numbers, and separate revenue numbers. PURPOSE: Each federal grant is awarded for specific purposes and has guidelines for fiscal accountability of the grant. The grant will be given a project period with beginning and ending dates. It is necessary to confine the expenditures to the grant period to audit acceptable. PROCEDURE: As a new Federal Grant is received it is necessary to initially set the grant up for fiscal accountability propedy to assure it meets standards required by the grant provisions. Generally, this will require separate accountability, tracking expenses to the project pedod, timely reporting of reimbursement claims to the related agency for the grant, calculating interest payments for advance funded grants and applying back to the grant. In closing the fiscal year Federal Grants are limited to recognize collected revenues up to the amount of the expenses (this includes any accrued expenses.) 1. Obtain copy of the complete grant award including the guidelines, budget appropriation, project pedod, etc. Set up a separate department number for tracking grant expenditures. A project number can be assigned which will track federal grants that span over multiple fiscal years. It is advisable to set up separate revenue account numbers to track receipts to the grants. 3. E-mail the contact person for the grant providing the department number and any other significant accounting information. Set up a project folder with all the grant information. Each grant is in a separate folder and has complete accountability for the related grant including all correspondence and reports. 2! On a monthly basis review the Detail Expense Report for the accounting software to determine if any significant activity occurred which should be reported for reimbursement. 6. Grant folder should show previous reports. Some grants are partially funded by other sources. Some examples are the CORE Grants that have local match requirements. It is necessary to know each grants requirement in meeting the local match funding. o At fiscal year end an analysis is completed to determine that revenues and expenditures are matched. This process will require that some revenues and expenditures will be accrued at fiscal year end. Any excess cash receipts would be shown as deferred revenue, and other reimbursement owed will be shows as due form other agency. 22 BANK RECONCILIATION SUBJECT: There are several bank accounts that will have monthly bank statements that will require reconciling each month. PURPOSE: The bank reconciliation will balance out the bank statement balance to the general ledger cash accounts. PROCEDURE: 1. Each month the bank will provide a bank statement and cancelled checks for each bank account. 2. The Controller will reconcile the bank statement to the balance sheet accounts using a Bank Reconciliation Form and the Executive Director will review and sign off on the form. 3. After the bank statement has been reconciled the joumal entry should be entered in the fiscal records for any general ledger updates to the accounts. 4. The bank statement, bank reconciliation and canceled checks will be maintained in a notebook for review as needed. 5. The process to reconcile the bank accounts within the accounting system is: See Accounting Software Operation Reference Manual DISTRIBUTION OF STATE POOL INTEREST EARNINGS SUBJECT: Excess local funds are place in this pool for investment and interest is distributed to the vadous funds monthly. PURPOSE: The purpose of this policy is to establish a procedure for investing excess funds. PROCEDURE: The State Board of Administration will send a Participant Statement of account for each account. The CRA will have access to several accounts in which to invest. The Controller will investigate different investment strategies that compile with the Florida Statue chapter 218 pertaining to investment policies and report back to the Executive Director. The Executive Director and the Controller will decide on the best investment according to statues. 2. All previous months statements, distribution spreadsheets, and the joumal entries will be kept in a binder in the Controller's office. 3. The process to reconcile the bank accounts within the accounting system is: See Accounting Software Operation Reference Manual ?.4 JOURNAL ENTRIES / ADJUSTMENTS SUBJECT: Entering, reclassifying and correcting data in Joumals. PURPOSE: The purpose of this procedure for entering and changing date is necessary to correct and update financial information. PROCEDURE: 1. Journal entries and adjusting journals are entered by the Controller, which is numbered and entered into the accounting system. All journal entdes are placed in a binder, which contains a log of all entdes. 2. Complete a journal / adjusting entries form with the proper back documentation. 3. Enter journal / adjusting entries according to the Accounting Software Operation Reference Manual. ..C.I.P. SUBSIDIARY LEDGER SUBJECT: A subsidiary ledger is updated on a monthly basis to track individual Capital Improvement Projects. PURPOSE: The purpose of this procedure is to define the necessary steps to update and reconcile the Capital Improvement Projects subsidiary ledger. PROCEDURE: 1. After the fiscal month is closed, pdnt out an account activity listing of the entire capital improvement ledger for that month. 2. Open the ~file Current Project and each current project has its own worksheet within this file. For each project that has current month activity, click on the appropriate tab and post all entries to the subsidiarary ledger. When posting is complete, verify the year-to-date totals are accurate. 4. Pdnt the summary information on the summary update sheet and the individual project sheets. 5. Replace the existing worksheets in the notebook title C.I.P. with the newly pdnted worksheets. 26 STATE SALES TAX SUBJECT: During the normal course of business the CRA may receive sales and use taxes. These sales and use tax collections have to be remitted to the State Department of Revenue on a monthly basis by the 19~h. PURPOSE: To establish the procedure for remitting the monthly sales and use tax. PROCEDURE: 1. Go into the Accounting programs and verify if tax was collected. See Accounting Software Operations Reference Manual 2. If tax is due to the state complete the Flodda Department of Revenue Sales and Use Tax Report. Make a copy of report and mail odginal in. 27 INTER FUND TRANSFER.~ SUBJECT: Journal entdes are processed on a monthly basis to record the current revenue and expense of Inter fund transfers. PURPOSE: The purpose of this procedure is to define the necessary steps to process the joumal entries. PROCEDURE: Upon the opening of a new fiscal year, review the adopted budget and pick out any Inter fund transfer accounts (both revenue and expenditures). 2. Prepare a excel file that will accommodate the joumal entry preparation. 3. The spreadsheet will compute the monthly amount and verify that the revenues match the expenditures. 4. This process should be completed by the 20~ of the month. CONNECTING TO CRA BANK .SUBJECT: Connecting to the bank is used to link to banking institution for wire transfers, stop payments, check payment inquires, payroll direct deposit or bank account balances. PURPOSE: The purpose of this policy is to relate precise direction for completing a bank connection. PROCEDURE: To be determined between selection of bank of choice and the CRA. PROCESSING PAYMENT OF CREDIT CARD PROGRA,%', SUBJECT: The bank of choice of the CRA has a credit card program and will allow selected CRA employees to make small dollar purchases with the use of a CRA credit card. PURPOSE: The procurement of a credit card program provides many benefits to the CRA such as: 1. CRA employees can make immediate purchases to complete jobs in a timely manner. 2. Reduces the number of small dollar purchase orders. 3. Eliminates processing time for accounts payable since one payment is sent based on a consolidated statement. 4. Clean audit trail. PROCEDURE: 1. All receipts are turned into the Controller by the first day of the new month for the previous months purchases. 2. All cardholder statement is mailed to the Controller the first week of the month. 3. The Controller will reconcile the receipts to the statements and prepare the statement for payment. 4. The Controller will then sent statement and reports to the Executive Director for review and signature to pay the statements. 5. The Controller will then put the statement with the accounts payable invoices to pay. 3O LOG AND PROCESS RETURNED CHECK~ SUBJECT: The bank will send checks that have not been honored for vadous reasons, on a daily bases. These checks include one written on closed accounts or accounts that do not have enough money to cover the checks. A service fee is normally assessed in most cases. PURPOSE: The purpose of this procedure is to identify and monitor returned checks, to get repayment on as many as possible to settle accounts. It is important to determine precisely what the check was written for since collection can be done in various ways. PROCEDURE: The bank of choice of the CRA will determine this procedure. 3! PAYROLL PROCESSING SUBJECT: At this time the CRA will be using the City of Boynton Beach payroll processing system so employee benefits and insurance at a cost savings to the CRA and the City Of Boynton Beach. PURPOSE: To establish a payroll system that is cost effective for the CRA and the CRA has direct control over. PROCEDURE: HOURS ENTRY 1. Collect time sheets from each employee. 2. Enter hours for each employee. Hour codes can be found by going to the dropdown in the first column. If an employee work hours in a different department, that department can be charged by tabbing over to the account override column for that date and entedng the department number that is to be charged. 3. Enter sick time hours for employee receiving donated sick time. The payroll department will enter the donated sick hours for that employee. 4. When all hours are recorded, hit enter to view totals for that employee. 5. If you have an employee with a schedule different from the one that appears on the time sheet, please let us know. The employee's schedule can be changed to an existing one or we can create a new one if necessary. HOURS PROOF 1. Run report after all hours for each department is entered. This report will show individual and department 2. Totals for each hour code used. Hours proof and time sheets must be in Finance by 5 p.m. on Monday of payroll week. Controller will enter the hours in to the HTS system. 32 APPENDIX 33 [] RETURN CHECK TO DEPT. COMMUNITY REDEVELOPMENT AGENCY DIRECT PAYMENT REQUISITION TO: Please issue a check in the amount of FOR: Requested By: Approvals: Department Head Controller Executive Director Date: September 9, 2002 FUND DEPTIBASIC ELE OBJ AMOUNT 0.00 COMMUNITY REDEVELOPMENT AGENCY PETTY CASH REIMBURSEMENT REQUEST DEPT. DATE 9/9/2002 TOTAL: 0.00 Purchased by: Authorized by: Controller Cash Received: Please fill out all relevant lines. All expenses incurred for travel must be reported. Do not reflect only the per diem expenses, or the expenses for which you received an advanced check. Name .COMMUNITY REDEVELOPMENT AGENCY TRAVEL EXPENSE REPORT 2. Travel Dates: Beginning 3. Department Ending -- Division -- 5. Name of Meeting 6. Meeting Location Dates of Travel 9. Expenses: *Hotel (Attach Receipts) *This expense MUST be show Place an x in days meals are Brealdast * $5,00 Travel must begin before 6 am Lunch * $8.00 Travel must begin before 12 noon and extend I Dinne~ $15.00 Travel must begin before 6 Registration Ground Fare (Attach receipts) Parldng Fee (Attach receipts) Tolls (Attach receipts) Gas {Atlach receipts) Air Travel (Attach receipt) Mileage (Detail below) Membership Fee Total Expense $ $ Tota~ ~ - $0.00 Monday Tues Wed Thurs Friday $ $ 11. RECAP *Total Expenses *Paid by 121 forms *Cash paid in advance Must show either a $ amount or zero Balance Due: C~ Employee 7. Time of Departure Time of Return $ $ _ $ $ $ $ $ $ '$ . 13..Signatures: Traveler: Department Head or Designee: Controller or Designee: Fund DepL Class. Element Date: Date: Date: Amount $0.00 Name 3. Department 5. Name of Meeting 6. Meeting Location 8o Dates of Travel 9. Expenses: Hotel (Attach receipts) Place an x in days meals are inc Breakfast * $5.00 Travel must begin before 6 Lunch * Travel must begin before 12 noon and extend, Dinner $15.00 Travel must begin before Registra~on Ground Fare (Attach receipts) Parking Fee (Atlach receipts) Toils (Attach receipts) Gas (Attach receipts) Air Travel (Atlach receipt) Mileage (Detail below) Membership Fee Total Expense $ $ 10. Mileage Breakdown: Date na ..... Amount COMMUNITY REDEVELOPMENT AGENCY T~RAVEL EXPENSE REPORT -- 2. Travel Dates: Monday Tuee Wed Friday Division 11. RECAP Total Expenses Paid by 121 forms Cash paid in advance Balance Due: City Employee Beginning Ending 7. Time of Departure Time of Return $ $ $ $ $ $ $ $ S $ $ 13. Signatures: Traveler: Department Head or Designee: Controller or Designee: Fund Dept. Class. Element Date: Date: Date: Amount $0.00 3. 5. 6. Name Department TRAVEL AUTHORIZATION FORM COMMUNITY REDEVELOPMENT AGENCY (2) City Meeting Type of Meeting: (1) Conference Name of Meeting (Include Dates) 2. Date of Travel 4. Division ~(3) Training _____.(4) Other 7. Travel To: City 8. Means of Travel: (Specify) Personal Vehicle State Train .._____~Pla ne_....=____Oth e__z_r 9. When personal car is authorized, provide mileage for official use and estimated cost $ (Attach statement explaining why private vehicle is essential) 10. THIS SECTION TO BE COMPLETED ONLY IF TRAVELER IS REQUESTING ADVANCE EXPENSE ALLOW~ DO NOT SHOW PAYMENTS MADE BY 121 FORM IN THIS SECTION. AMOUNT .ACCOUNT NUMBER (a) Business k Meetings (40-12) $ (b) Training Expense (54-30) $_ TOTAL ADVANCE REQUESTED $ - 11. I certify that this proposed travel is for official purpose and that ~ unencumbered budgeted funds '---- are available to meet the costs. 12. ESTIMATED TOTAL COST $. Expenses paid on 121 Form Hotel Room $ (Include Name & Location of Hotel) Registration $ Plane Fare $ Other $ _ Employee Department Head Date Date Controller -- Approved as to availability of funds: Date Approved Not Approved 13. THIS SECTION TO BE COMPLETED IF EXPENSES ARE FOR OTHER THAN ADOPTED IN CURRENT~ (a) Funds necessary for this expense, although not specifically budgeted, will be made up according to attached memo. (b) Executive Director approval Department Head Date Executive Director THIS FORM TO BE SUBMITTED IN DUPLICATE Date ADVISEMENT OF TRAVEl Participant(s) Department Purpose of Trip Objectives, expectations(include specific seminars and meetings you expect to attend) Relation to present work Date of Prior Approval Approved Executive Director Memo To: CRA Board Members From: Doug Hutchinson Date: 9/05/02 Re: Budget The budget reflects the direction given by the Board in the Budget Workshop, however it has come to staffs attention that the line item for studies, which includes moneys for Design Guideline Development is very Iow. Delray has just gone through the selection process for Design Guideline firms and the range of fees is from $75,000 to $250,000. I think we can learn from their process and perhaps reduce our costs, but I believe we should budget at least $75,000 for just that study. That would increase line item to approximately $100,000. Note that it is only the budget, actual costs will apply, so if we can save money, we don't have to spend all the budget. Additionally, the recommendation was to payoff the Bank of Amedca note. Since this will be done upon formal approval (see item "J"), the budget reflects this transaction as pending. The hope is that this note payoff would be completed before the beginning of the new budget, October 1st, 2002. If the transaction is completed before October 1st, the budget would be adjusted accordingly. City of Boynton Beach Community Redevelopment Agency Budget Narrative 8/20/2002 Please find attached the first draft of a CRA Budget for October 1, 2002 to September 30, 2003. This period is setup to allow the CRA to match the City's financial year. If the Board wishes to change to a calendar year, in December the Board would approve a budget for the next operating year starting in January 1, 2003. I have also projected a five-year budget forecast with income and expense items. This will also allow for the Board to have a better feel of how fast certain projects are moving and how to budget for each. This Budget includes programs as defined in the proposed "Implementation Vision". Note that the Budgeted Funds are set aside, but may not be completely used and therefore would be carried over to the next budget year. The following notes highlight major items within the budget and attempt to provide insight as to their origination. At this point all are up for discussion. This being the first independent budget, items have been included or suggested to be included for your consideration. Please review and give direction. Personnel: This budget category is pretty straight forward. It includes four total positions, a Director, Controller, Events/Festivals Coordinator and secretary. There is no Assistant position or Events/Festivals Coordinator for now. I think the three positions can cover basic items such as phones and walk-ins for the first several months. Thereafter, we will need to evaluate the operations, as time goes on, for the need of an Assistant and Events/Festivals Coordinator. I forecast that to be around the second operating year for an Assistant and the third year for the Coordinator. The Assistant Director would have skills in program development and implementation; i.e.; Business development programs, incubator administration, events/festival operations, newsletter development, facade grant administration, CRA operational aspects such meeting packages, etc. The Controller will be responsible for grants, capital campaigns, revolving loan administration, faqade grant program accounting, human resources/personnel, benefits management, etc. than extensive accounting work during the early months. The Events/Festival Coordinator will be responsible for events, seminars, festivals, etc and the coordinating of sponsors, nonprofits, volunteers, etc. The position will include fund raising for events and marketing. The job descriptions will be developed in our Policy and Procedure Manual. City of Boynton CRA Budget Narrative Page I of 3 The wage scale proposed is based on City and other CRA positions and pay. The benefits are budgeted as "employee" status and not contract labor. It is hoped that all staff will be employees by October I, 2002, however, if not the costs to the CRA would 0¢ the same, but passed through for employees to pay. Operating - Professional & Audit Fees: This budget includes $2,500 for audit help in double-checking our transition into our own systems from the City's accounting. Legal is budgeted at $1,800/month which is approximately the cost per month currently. More activity may mean more legal fees; therefore these items may need to be increased. Staff is recommending that the CRA retain the City's IT services to service, maintain, and support our computer/intemet hardware and software. Over time, I believe this excellent staff will save the CRA time and aggravation. Contracted services include a budget for misc. projects that may arise and specifically, the Boynton Blvd. study update and Design Guideline development. Operating - Office Lease/Rent: This budget is based on the projected office sizing being +/- 2,400 sq. f. comprising a lobby, 'work/copy/break room, storage room, board/meeting room, restroom, and three offices. As of this date no office has been found, therefore this is an estimate based on market information. Leasehold improvements have been projected to be a one-time cost of $35,000. Rental rate is $15.00/sq.ft./year including CAM, plus utilities. Operating - Insurances: This is a budget item that may not apply if the CRA adopts an employee program, as insurances for liability, bonding, etc. would be covered by the City's umbrella. These costs are the coverage for the Director, Assistant Director and Controller. Operating - Debt Costs: It is recommended, based on cash requirement projections that the $3,000,000 loan balance at Bank of America be paid off as soon as possible and a $3,000,000 line of credit be secured for any quick response situations. Operating - Printing and Binding: The major cost proposed is the expense for information flyer on the CRA to explain what do and don't do. We may also want to start doing a "year end" public information piece as part of our public awareness effort. The budget is small and the number of pieces is very small, but most of the time these flyers become obsolete before they are used up. The Chamber has offered space and/or insert services for their newsletter which reaches 20,000+ local people. We may be able to write items and/or a column to disseminate information or stuff our flyer/brochures. An other option might be to "stuff" utility bills. Capital Outlay - CRA Land Acquisitions: This budget is estimated for completed projects which may or may not be finished in this budget period, therefore may need to be carried forward to the next budget. The funds are proposed to be focused as per previously approved priorities; i.e., Assembling properties at the south west comer of the intersection of Federal and Boynton Beach Blvd., which are proposed for parking development, ($1,750,000 and $100,000 for demolition.) and Properties to build the City of Boynton CRA Budget Narrative Page 2 of 3 Promenade and Riverwalk - $750,000. The Relax Inn purchase and demolition are budgeted at $1,100,000. $250,000 has been budgeted for MLK properties with a total budget of $1,000,000 for MLK acquisitions over the next three years. Additionally, in the 4th and 5r~ years, $500,000 is budgeted for acquisitions for a total of $1,000,000. Capital Outlay - CRA Improvements: Way-Finding Signage Phase I is design and initial sign construction/installation. - $25,000 (Phase II is for major projects $225,000 in following years). Boynton Beach Blvd. Extension, Promenade and RiverWalk construction/bid documents for Phase I - $750,000 in year one. Capital Outlay - Festivals/Events/Seminars: These items are newly proposed for the CRA budget; however, staff feels they are of great importance. It is proven that festivals and events help to draw people and investment into an area. There is no better way to develop an identity and community support for redevelopment. The budget proposes to help underwrite festivals/events in the CRA area. Capital Outlay - Faqade Grant Program: The budget reflects two changes to the program. First is that the single project amount would increase from $5,000 to $15,000 and second the number of grants would grow. This would make the program more responsive and produce more dramatic results. The recommendations are based on the concept that the CRA is interested in cleaning up the look of many older properties. I t should be noted that this program could be better targeted to areas in greatest need and not used in areas which building replacement is preferred. The point being that either make the program more aggressive or eliminate it. Capital Outlay - Business Assistance and Economic Incentive Program: This budget item was an existing line item from previous budgets. A defined program including qualifying criteria, application process and reporting program should be developed prior to extensive usc of the fund. One of the suggestions has been to develop a revolving loan fund for the CRA. This budget addresses the formation of a joint venture effort targeted at specific neighborhoods and participants. The proposal is that the CRA fund, based on outside matching up to $50,000 to establish a venture capital and revolving loan fund. This may be a one time injection or on going. The CRA would be a 1/3 partner in the program. The other anticipated partners would be the targeted community area 1/3, and outside grant funding 1/3. The program encourages community buy-in, develops neighborhood pride, hope and will encourage private sector development. The total incentive budget is $100,000. The CRA reserve balance is proposed at the targeted $1,000,000 level. City of Boynton CRA Budget Narrative Page 3 of 3 Boynton Beach CRA 2002/2003 Budget Proposal Revised 8/26/02 Page 1 of 2 Personnel - Including all Employer Costs, Insurances, Benefits, etc. Position Director Assist. Controller Events/Promotions/Festivals Sec Personnel Subtotal Operating Professional & Audit Fees Audit Fees Legal per Month $ City IT - System Access, System Maint., Tach. Support, Web Hosting, Internet City Staff Services - Clerk and Development Projects . Maintenance & Cleaning Service - per Month $ Contracted Services - Design Engineering, Studies etc. which are not project specific. Subtotal Office Lease/Rent - 2 ..... 400 sq ft ~_.~$3 000/month ($15 00/yr/s~.)ft + $240. CAM Fee Utilities per Month Phone . DSL . '$ Office ' $ - ' ' ~ell/~ ' ' $ . Electricity - $ Gas Year One 1011/02-9130103 $ 97,376 $ $ 52,278 $ $ 46,641 $ 196,295 1.800 225 $ 7,500 $ 21,600 $ 12,000 $ 6,000 $ 2,700 $ 30,000 $ 79,800 3,240 . $ 38,880 180. _$ _ 2160 450 _$ 5,400 150 $ 1,800 1_75. $ 2,100 $ · $ $ Office Subtotal - ' $ 4,195 $ 50,340 Equipment Leases - - Cppier & Su~pl-i~s~Mo~ti~ ' - $ 300' ' $ - 3~,600 -Equipment LeaS~ Subtotal ..... $ 3,600 Insurances - ~ - Property- Office Equipment, I~eal-'l~state, etcl - ' $ i,250 . -B~n~ing)LJabiiity:~e~mPora~y~ ~-~nsi~i~ ' $ 3,000 Executive Insurances - Profeesinal/Liability/Bond ng - - Insurance _ Subtotal ........ $ 4,250 Travel Expenses Business Meetings - · $ i1500 Seminars $ 2,000 eage & Delivery Services - Others car Aii0w~nce ~ DirectO~ -- _ _ $~ 1,750 Travel Expense~ubtot~i- -- - - $ 300 _ $ 3,600 Debt Costs .... $ 8,850 Principal - Existinq Loan . . - $ 114,800 - $ Interest - Existing Loan ..... 214,500 $ . .Iqew Bond Issue A - Acquisitions _ _. $ _ _ New Bond Issue B - Construction - _ ~ $ - New Bond Issue C - Construction Issuance Co~ts ~.~§%- ...... -'- - $ -Debt Cost Subtotal ...... $ Office SUppli~s ' $ l,S00 Licenses, Fees, Permits, Memberships~ SUbscHPtionS~ Books & PubliCatiOns .Advertising & public NotiCeS - . Career Development _~ Printing - Letterhead/Envelopes/BusineSs Cards 'Misc. oPerating Subtotal 2,000 4,000 750 1,250 50O $ 353,435 Boynton Beach CRA 2002/2003 Budget Proposal Revised 8/26/02 Page 2 of 2 Project and Program Costs Note Payoff at Bank of America PROGRAMS Office Equipment/Furniture Office Leasehold Improvements- Deposits Printing Programs - Annual Report. Brochures, Flyers Festivals/Events/Seminars/Seasonal Decorating & Lighting Fa(;ade Grant Program Increase Amount Available per Project and Increase Program Funding Economic Incentive Program - As Determined PROJECTS .CRA Land Acquisitions Relax Inn Closing & Demo. Year One 1011102-9/30/03 $ 3,000,000 $ 20,000 $ 35,000 $ 25,000 $ 50.000 $ 100.000 $ 100,000 $ 1,100.000 Parking Area Boynton Beach BIvd.&F-_ederal Highway (purchase) $ Parking_Area Bo~ynton Beach B!vd.& Federal H ghway (~demo) $ _ . RiverWalk Project,in addition to the Relax Inn) $ 750,000 MLK Commercial Project ' . $ 250,000 Future Acquisitions - $ - _ .CRA Projects ' ~ Way-Finding Si~hage-.Phase I ' ~ ' $ _ . 25,000 .... W_a.y-Findin~q Sigh_a~e.- Phase II . $ . -- _ -RiVerwal~,'Pha_s~-One: Architectura/and Engir~eer_in~q for-Phase/Tl~ru Please il~ - ' - $- - 750,000 RiverWalk Phase Two - ' -River-Walk 15~ase :l'hree ......... $ -- - RiverWalk - Museum Option ..... $ - -Parking Lot De~elopment~ Boy-nton ~ Federal Hi~y ..... $ . Parking. Garage Development- Initia!.Design Studies $ ' _ - -P~oject and Program Subtotal ' ' ' $ 6,205,000 Funds Available - _~ . - $ 7,633,823 Expenditures . $ (6,558,435 Balance on Reserve ..... $ 1,075,388 Boynton Beach CRA 2002~2003 Budget Proposal Revised 8~26~02 Page I of 1 Funds Available .Beginning Balance Cash TIF Taxes 'CitY Transfer FUnds (compi~ted) Interest Income ' . - Eq~i~ Acco~ LGIP Account ' Sun Yru i Accbunt Year One 1011102.9130103 $ 3,675,000 $ 945,684 $ 1,274,162 $ 6,125 $ 21,690 $ 20,782 ' ~ntere~ Income ~ubto~aj $ 48,597 Beginning Balance Subtotal $ 5,943,443 -New Reven'ues ' ' 'riF ~nds;' ' ' ..... .......... $ 1,675,380 CitY Transfer Funds _ . - $ - - ~ .... Grant Funding $ . Bond Proceeds for RiverWalk $ Museum Bonds $ RiverWalk Complex Operating Revenures (Net~0wards-Debt ' $ : Interest Income - - $ ~5;000 New Revenue Subtotal $ 1,690,380 T_OTAL .................. - -- - _ $ _7,633,823 Funds Available .......... .. i - i $ 7"633,823 ExPenditures ............... $ (6,558,434 Balance on Reserve _ . _ $ 1,075,389 Annual Bond Debt Costs Vs. Annual TIF Income .... 0.0% Annual Operating Costs (wlo debt service) Vs. Annual TIF Income 2~1-% NOTES: *CRA TIF Income is projected using the Moderately Pessimistic fig-urn? fr°rn the-C;ityl Consideration of Payoff of CRA Loan at Bank of America and Seek proposals to establish a line of credit. Memo To: CRA Board Members From: Doug Hutchinson Date: 9/5/02 Re: Bank of America Loan Payoff and Establishing Line of Credit The Board gave direction to pay off the Bank of America note and establish a $3,000,000 line of credit in the Budget Workshop. This is item is for the formal approval for the note payoff and credit line establishment. I will work with the City accounting department to have this transaction completed before October 1st, 2002, which begins the new budget year. This payoff should not be contingent on fund transfer to the CRA accounting system. I will seek proposals for a line of credit for the CRA from the banking community and bring those to the Board for review. .September 9, 2002 11:26 NVf From: Beril Kruger Fax NumOe~. 255.4~11 Pap 2 d 2 II( l j! LI'IIII i' plannin9 and zonin9 consultants Patricia Tucker, Administrative Assistant to P~anning and Zoning Director City of Boynton Beach 100 E. Boynton Beach Boulevard Boynton Beach. FL .53435 RE: GATEWAY TEXACO (ADAP) 02-001 Dear Ms. Tucker: Since I received the staff report on this project Thursday, September 5, 2002, and Friday night was the beginning of the Jewish New Year, I did not have time to go over the staff report and properly prepare a presentation to present at Tuesday evenings CRA meeting. I had spoken to Mr. Rumpf earlier about possibly going before this meeting but since I had not heard earlier, I thought we were or~ the October 8'h meeting as Mr. Rumph had informed me earlier in August. I therefore respectfully request a postponement o,~ this appeal to the ne~t CRA meeting. I apologize for any inconvenience this has caused and I will be prepared for the next meeting, which I understand is on October 8, 2002. BK,Cl CC Steve Marouf SENT BY FACSIMILE ONLY rezoning concurrency conditional USe, special exceptions, DRC approval site plans annexations comp plan amendments, variances (county, state, municipal) abandonments palm beach broward dada & all counties & cities in florida 9 northeast 16th street * defray beach, flortds 33444 (561) 265-~983 * fax (561) 265-4611 * e-mail: bkruger~bellsouth.net