Loading...
Agenda 09-09-03[. Call to Order. COMMUNITY REDEVELOPMENT AGENCY Tuesday, September 9, 2003 Commission Chambers Boynton Beach 6:30 P.M. II. Roll Call. [TI. Agenda Approval: A. Additions, Deletions, Corrections to the Agenda. B. Adoption of Agenda. IV. Consent Agenda A. Approval of Minutes - August 12th Meeting, August 21st Workshop B. Financial Report -_'_'_~...~ ~ C. Budget Transfer Request V. Public Audience. .~,3 ~ VI. Public Hearing New Business ~Bc~D A. Abandonment 1. PROJECT: The Harbors (ABAN 03-004) AGENT: Gregory Mire, P.S.M., Keith & Associates, Inc. Consulting Engineers OWNER: Schgai Any person who decides to appeal any decision of the Commumty Redevelopment Board with respect to any matter considered at this meeting will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. 3357 The CRA shall furnish appropriate auxiliary aids and services where necessary to afford an individual with a disability an equal opportumty to participate in and enjoy the benefits of a service, program, or activity conducted by the CRA. Please contact Douglas Hutchinson at 561-737-3256 at least twenty-four hours prior to the program or activity in order for the CRA to reasonably accommodate your request. LOCATION: DESCRIPTION: 2300 North Federal Highway Request for abandonment of a 15-foot wide utility easement. VII. Director's Report: A. Updates VIII. Old Business: IX, E. F. G. A. Purposed Language Changes for the Procurement and Financial Manuals New Business '~ ~ \ ~. A. Consideration of an ordinance designating the downtown area as an Urban Central Business District. B. Review of the design to date (15% schematic design) of the Boynton Beach Boulevard Promenade RiverWalk Project and consideration of the next phase of work (30%design development package). 3,--t; g- C. Consideration of Approval of the Contract with the Owner's Representative ('CRA) Firm Jonathan Ricketts Inc. for the Boynton Beach Boulevard Promenade RiverVValk Project. Consideration of Employment contract for CRA Executive Director A H :~ Consideration of the CRA 2003/2004 Budget ~u, LI H Consideration of a resolution adopting the CRA 2003/2004 Budget Consideration of recommendation of Feasibility Study Team from the Savage Creatures of Ancient Seas selection Committee. '~,--~ ~ ~ X. Other Items: XI. Adjournment. Any person who decides to appeal any decision of the Community Redevelopment Board with respect to any matter considered at 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. 3358 The CRA shall furnish appropriate auxiliary aids and services where necessary to afford an individual with a disability an equal opportunity to participate in and enjoy the benefits of a service, program, or activity conducted by the CRA. Please contact Douglas Hutchinson at 561-737-3256 at least twenty-four hours prior to the program or activity in order for the CRA to reasonably accommodate your request. IV. Consent Agenda. Any person who decides to appeal any decision of the Community Redevelopment Board with respect to any matter considered at this meeting will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. 3359 The CRA shall furnish appropriate auxiliary aids and services where necessary to afford an individual with a disability an equal opporumity to participate in and enjoy the benefits of a service, program, or activity conducted by the CRA. Please contact Douglas Hutchinson at 561-737-3256 at least twenty-four hours prior to the program or activity in order for the CRA to reasonably accommodate your request. MEMO TO: CRA Board FROM: Susan Vielhauer SUBJECT: Financials DATE: September 2, 2003 We received $4,669.96 in interest from the Money Market Account this month. The CRA paid out two payrolls in the month of August. The CRA, due to the designation of government agency, was given a choice of methods by the Florida Department of Revenue for State Unemployment Tax Assessment (SUTA). The CRA choose the reimbursement method, which is standard for governments and government agencies for the SUTA tax. The Florida Department of Revenue has issued a refund and the SUTA taxes have been adjusted resulting in a (52.93) balance for the month of August. The CRA also completed the paperwork and has issued the first check for the Short Term / Long Term Disability. Staff is also working on completing the Lord Abbett 457 Retirement plan. The contract for the vesting schedule is being drafted by Lord Abbett and the Angell Group and will be forward to Lindsey Payne for review as soon as it is received. Once Lindsey Payne has reviewed it, it will be forward on to the Chairperson for signature. The second quarter payment (August 2003 through October 2003) for the IT Contract was made to the City of Boynton Beach. The CRA purchased individual Professional Insurance as per the employment contracts in September 2002 at a cost of approximately $6,000.00. For the 2003-2004 fiscal year 3374 the CRA has purchase Professional Insurance as an agency at a cost reduction of almost $3,000.00. There will be no lapse in Professional Insurance coverage. Several CRA Staff and CRA Board members will be attending the Florida Redevelopment Conference in October 2003 in Tampa Florida. Staff will be requesting an increase in the Seminar budget category since the conference had to be paid for in September 2003. Staff will be bringing the Budget Transfer Request to the CRA Board for approval this month for the following categories: INCOME - City Transfer Funds, Interest Income EXPENSES - Disability, Retirement, Workers Compensation, Health Insurance, Legal, Professional Maintenance & Cleaning, Rent, Professional Insurance, Business Meeting, Seminars, Office Supplies, Membership & Subscriptions, Books & Publications, Career development, Printing Office Expense, Office Equipment / Furniture Setup, Office Leasehold Improvements, Riverwalk/Promenade Land and Relax Inn Closing & Demo. 3375 August 31, 2002 Beginning Balance Revenues TIF Taxes City Transfer Funds Hail Property Transfer Grant Funding Interest Income Other Income Total Revenue Expenditures Personel Cost Salaries Salary Expense Contract Labor Total Salaries Payroll Taxes Disability Retirement 457 Plan Workers Comp Health Insurance Life Insurance Total Personel Cost BUDGET TO ACTUAL COMPARISON Community Redevelopment Agency of Boynton Beach 2002/2003 2002/2003 Year To Current 2002/2003 Amended Amended Date Period Bud~let 1/14/2003 4/17/2003 Totals Au~lust 5,780,416.00 5,790,391.00 5,790,391.00 5,790,391.00 5,513,127.71 1,675,380.00 1,675,380.00 385,000.00 0.00 385,000.00 385,000.00 0.00 0.00 15,000.00 15,000.00 0.00 0.00 8,240,796.00 7,865,771.00 155,000.00 155,000.00 11,625.00 11,625.00 0.00 0.00 0.00 0.00 8,130.00 8,130.00 21,000.00 21,000.00 540.00 540.00 196,295.00 YTD 02/03 % of Totals Including Budget Budget Current Month Remaining Remaining 5,790,391.00 5,790,391.00 1,330,409.00 1,330,408.92 0.00 1,330,408.92 0.08 0% 0.00 17,834.98 0.00 17,834.98 0.00 N/A 385,000.00 0.00 0.00 0.00 385,000.00 100% 0.00 0.00 0.00 0.00 0.00 N/A 15,000.00 68,739.77 4,669.96 73,409.73 0.00 489% 0.00 0.00 0.00 0.00 0.00 N/A 7,520,800.00 1,416,983.67 4,669.96 1,421,653.63 385,000.08 89,422.95 11,923.06 101,346.01 41,982.56 0.00 41,982.56 155,000.00 131,405.51 11,923.06 143,328.57 11,671.43 8% 11,625.00 7,975.19 -52.93 7,922.26 3,702.74 32% 0.00 0.00 132.02 132.02 -132.02 N/A 0.00 2,250.00 0.00 2,250.00 -2,250.00 N/A 8,130.00 1,463.94 0.00 1,463.94 6,666.06 82% 21,000.00 9,541.37 1,005.08 10,546.45 10,453.55 50% 540.00 0.00 0.00 0.00 540.00 100% 196,295.00 196,295.00 152,636.01 13,007.23 165,643.24 30,651.76 16% Professional Services Legal City Staff Contracted Services Audit Maint. & Cleaning I.T. Support Total Professional Services Office Rent Expense Phone Expense Electric Expense Office Total Equipment Leases Expenses Insurance Property Insurance Bond/Liability Insurance Professional Insurance insurance Total Travel Expense Business Meetings Seminars Mileage & Delivery Services Car Allowance- Director Total Travel Expenses Office Supplies Licenses, Books, Publication Licenses, Fees, Permits Memberships, Subscriptions Books & Publication Total Licenses, Books, Publicath Advertising & Public Notices Career Development Printing Office Expense Miscellaneous Expense Debt Service Principal Payment Interest Expense Total Debt Service 21,600.00 6,000.00 100,000.00 7,500.00 2,700.00 12,000.00 149,800.00 38,880.00 9,360.00 2,100.00 50,340.00 3,600.00 1,850.00 400.00 2,000.00 6,050.00 1,500.00 2,000.00 1,750.00 3,600.00 8,850.00 1,800.00 250.00 2,000.00 250.00 2,500.00 4,000.00 750.00 1,250.00 500.00 0.00 0.00 0.00 21,600.00 31,600.00 41,347.50 0.00 41,347.50 -9,747.50 -31% 6,000.00 6,000.00 3,875.21 683.64 4,558.85 1,441.15 24% 100,000.00 100,000.00 26,597.48 0.00 26,597.48 73,402.52 73% 7,500.00 7,500.00 0.00 0.00 0.00 7,500.00 100% 2,700.00 2,700.00 2,389.11 465.00 2,854.11 -154.11 -6% 12,000.00 12,000.00 3,647.50 3,000.00 6,647.50 5,352.50 45% 149,800.00 159,800.00 77,856.80 4,148.64 82,005.44 77,794.56 52% 38,880.00 38,880.00 11,320.00 1,120.00 12,440.00 26,440.00 68% 9,360.00 9,360.00 6,647.79 472.70 7,120.49 2,239.51 24% 2,100.00 2,100.00 1,655.23 205.52 1,860.75 239.25 11% 50,340.00 50,340.00 19,623.02 1,798.22 21,421.24 28,918.76 57% 3,600.00 3,600.00 2,964.54 343.00 3,307.54 292.46 8% 1,250.00 1,250.00 991.44 0.00 991.44 258.56 21% 1,000.00 1,850.00 101.07 0.00 101.07 1,748.93 95% 2,000.00 4,000.00 3,904.00 3,142.21 7,046.21 -3,046.21 -76% 4,250.00 7,100.00 4,996.51 3,142.21 8,138.72 -1,038.72 -17% 1,500.00 3,500.00 4,566.62 0.00 4,566.62 -1,066.62 -30% 3,000.00 3,000.00 2,768.34 2,025.00 4,793.34 -1,793.34 -60% 1,750.00 1,750.00 832.55 14.17 846.72 903.28 52% 3,600.00 3,600.00 3,046.12 276.92 3,323.04 276.96 8% 9,850.00 11,850.00 11,213.63 2,316.09 13,529.72 -1,679.72 -19% 1,800.00 1,800.00 7,068.67 1,072.60 8,141.27 -6,341.27 -352% 250.00 250.00 208.50 0.00 208.50 41.50 17% 250.00 3,000.00 3,540.37 233.00 3,773.37 -773.37 -26% 250.00 250.00 440.42 257.76 698.18 -448.18 -179% 750.00 3,500.00 4,189.29 490.76 4,680.05 -1,180.05 -47% 4,000.00 4,000.00 1,128.99 283.50 1,412.49 2,587.51 65% 750.00 750.00 1,908.33 184.40 2,092.73 -1,342.73 -179% 1,250.00 1,250.00 2,704.68 210.38 2,915.06 -1,665.06 -133% 500.00 500.00 267.77 4.88 272.65 227.35 45% 130,640.53 130,640.53 63,653.37 0.00 63,653.37 66,987.16 51% 186,657.74 186,657.74 94,999.34 0.00 94,999.34 91,658.40 49% 317,298.27 317,298.27 158,652.71 0.00 158,652.71 158,645.56 50% Operating Expense 425,735.00 740,483.27 758,083.27 445,210.95 27,001.91 472,212.86 285,870.41 67% 3376 August 31,2003 PROGRAMS Office Equipmen{/Furniture Office Leasehold Improvements Printing Programs FestlvalsJ Events/Seminars Fa[:ade Grants Economic Incentive Grants PROJECTS Relax Inn Closing & Demo Rlverwalk / Promanade Projects MLK Commercial Way-Finding Slgnage Riverwalk / Promanade Land High School Project TOTALS EXPENSES Note Payable TOTAL RESERVE BALANCE 2002/2003 Budget 20,000.00 35,000.00 25,000.00 50,000.00 100,000.00 100,000.00 1,100,000.00 750,000.00 250,000.00 25,000.00 200,000.00 0.00 2,877,526.00 2,877,526.00 2,485,744.00 BUDGET TO ACTUAL COMPARISON 2002/2003 2002/2003 Year To Current YTD 02/03 Amended Amended Date Period Totals Including Budget 1/14/2003 1/14/2003 Totals August Current Month Remainin~l 20,000.00 23,556.00 24,065.92 2,587.00 26,652.92 -3,096.92 35,000.00 35,000.00 1,285.70 0.00 1,285.70 33,714.30 25,000.00 25,000.00 0.00 0.00 0.00 25,000.00 50,000.00 50,000.00 21,115.68 0.00 21,115.68 28,884.32 100,000.00 100,000.00 15,000.00 0.00 15,000.00 85,000.00 100,000.00 100,000.00 0.00 0.00 0.00 100,000.00 %of Budget Remaining -15% 96% 100% 58% 85% 100% 1,100,000.00 1,100,000.00 886,135.30 0.00 886,135.30 213,864.70 750,000.00 750,000.00 874.22 0.00 874.22 749,125.78 250,000.00 250,000.00 3,400.00 0.00 3,400.00 246,600.00 25,000.00 25,000.00 14,548.98 0.00 14,548.98 10,451.02 200,000.00 200,000.00 282,111.19 0.00 282,111.19 -82,111.19 0.00 0.00 499.02 0.00 499.02 0.00 3,395,483.27 3,416,639.27 1,694,246.96 29,588.91 1,723,835.87 1,693,302.42 0.00 0.00 0,00 0.00 0.00 0.00 0.00 19% 100% 99% 42% -41% 4,470,287.73 4,104,160.73 5,513,127.71 5,488,208.76 5,488,208.76 4,482,088.66 3377 INCOME STATEMENT Revenue Tax Increment Funds Tax Increment Funds: Total Tax Increment Funds City Funds City Transfer Funds Total City Funds Grants, Project Reimbursements Grant Funding Total Grants and Projects Interest Income Interest Income Total Interest Income Other Income Other Income Total Other Income Total Sources of Funds August 31, 2002 Current $0.00 $0.00 $0.00 $0.00 $0.00 $o.oo $4,669.96 $4,669.96 $o.oo $o.oo $4,669.96 YTD $1,330,408.92 $1,330,408.92 $17,834.98 $17,834.98 $0.00 $o.oo $68,739.77 $68,739.77 $o.oo $o.oo $1,416,983.67 Current Total $1,330,408.92 $1,330,408.92 $17,834.98 $17,834.98 $0.00 $o.oo $73,409.73 $73,409.73 $0.00 $o.oo $1,421,653.63 3378 Debt Service Debt Service Principal Payment Interest Expense Payment Total Debt Service INCOME STATEMENT Uses of Funds Current YTD Current Total $0.00 $63,653.37 $63,653.37 $0.00 $94,999.34 $94,999.34 $0.00 $94,999.34 $158,652.71 Project Expenses Festivals / Events / Seminars Way-Finding Signage Fa(;ade Grant Program Economic Incentive Program High School Project Total Project Expenses $0.00 $21,115.68 $21,115.68 $0.00 $14,548.98 $14,548.98 $0.00 $15,000.00 $15,000.00 $0.00 $0.00 $0.00 $0.00 $499.02 $499.02 $0.00 $51,163.68 $51,163.68 General & Administrative Salaries & Contract Labor Payroll Tax Property/General Insurance Workers Compensation Health Insurance Life Insurance Professional Fees - Audit Professional Fees - City Staff Professional Fees - Contracted Services Professional Fees - Legal Professional Fees - Maint. & Cleaning Professional Fees - IT Support Advertising Expense Telephone Expense Electric Expense Rent Expense Office Leasehold Improvements Printing Office Supplies Printing Programs Mileage & Delivery Seminars Staff / Board Business Meeting Expense Licenses, Fees, Permits Membership, Subscriptions Books & Publications Career Development Office Supplies Office Furniture / Equipment/Setup Professional Insurance Equipment Leases Miscellaneous Car Allowance Director Bonding Insurance Disability Retirement 457 Plan Interest Expense Total General & Administrative $11,923.06 ($52.93) $oloo $o.oo $1,005.08 $0.00 $o.oo $683.64 $o.oo $o.oo $465.00 $3,000.00 $283.50 $472.70 $2O5.52 $1,120.00 $o.oo $210.38 $o.oo $14.17 $2,025.00 $o.oo $o.oo $233.00 $257.76 $184.40 $1,072.60 $o.oo $3,142.21 $343.00 $o.oo $276.92 $o.oo $132.02 $o.oo $4.88 $27,001.91 $27,001.91 ($22,331.95) $89,422.95 $131,405.51 $7,975.19 $991.44 $1,463.94 $9,541.37 $0.00 $0.00 $3 875.21 $26 597.48 $41 347.50 $2 389.11 $3,647.50 $1 128.99 $6 647.79 $1,655.23 $11,320.00 $1,285.70 $2,704.68 $o.oo $832.55 $2,768.34 $4,566.62 $208.50 $3,540.37 $440.42 $1,908.33 $7,068.67 $17,110.24 $3,904.00 $2,964.54 $267.77 $3,046.12 $101.07 $o.oo $2,250.00 $o.oo $304,954.18 $451,117.20 $965,866.47 $143,328.57 $7,922.26 $991.44 $1,463.94 $10,546.45 $o.oo $o.oo $4,558.85 $26,597.48 $41,347.50 $2,854.11 $6,647.50 $1,412.49 $7,120.49 $1,860.75 $12,440.00 $1,285.70 $2,915.06 $o.oo $846.72 $4,793.34 $4,566.62 $208.50 $3,773.37 $698.18 $2,092.73 $8,141.27 $17,110.24 $7,046.21 $3,307.54 $267.77 $3,323.04 $101.07 $132.02 $2,250.00 $4.88 $331,956.09 $541,772.48 $879,881.15 Total Application of Funds Fund Sources in Excess of Application 3379 ASSETS ' Community Redevelopment Agency of Boynton Beach Balance Sheet Government Funds August 31, 2002 Total Community Redevelopment Cash and Cash Equivalents Receivables Prepaid Expenses Inventory Fixed Assets Real Estate Relax Inn RiverWalk / Promenade / BBB Extension RiverWalk / Promenade / Land MLK Accumulated Depreciation- Fixed Assets Work in Progress Assets Relax Inn RiverWalk / Promenade / BBB Extension RiverWalk / Promenade / Land MLK Total Work in Progress Assets Furniture / Equipment Accumulated Depreciation-Furn./Equip Total Assets LIABILITIES AND FUND BALANCES Liabilities: Accounts Payable Accrued Liabilities Note Payable Total Liabilities Fund Balances: General Fund Change in Fund Balance Total Fund Balances Total Liabilities and Fund Balances 5,488,655.17 $ $ $ $ $ 886,135.30 $ $ 874.22 $ 282,111.19 $ 3,400.00 $ 9,542.68 $ $ 6,670,718.56 $ 716.92 $ (270.28) $ 2,877,525.55 $ 2,877,972.19 $ 2,912,865.22 $ 879,881.15 $ 3,792,746.37 $ 6,670,718.56 3380 VII. Director's Report: Any person who decides to appeal any decision of the Community Redevelopment Board with respect to any matter considered at this meeting will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. 3398 The CRA shall furnish appropriate auxiliary aids and services where necessary to afford an individual with a disability an equal oppommity to participate in and enjoy the benefits of a service, program, or activity conducted by the CRA. Please contact Douglas Hutchinson at 561-737-3256 at least twenty-four hours prior to the program or activity in order for the CRA to reasonably accommodate your request. MEMO To: From: Date: Subject: CRA Board Douglas Hutchinson September 3, 2003 CRA Activities On-Going Items: · Developer Inquiries and Coordination - Work with potential developers, real estate agents/brokers and landowners to disseminate related information on CRA plans and opportunities. Agency Operations - This encompasses internal work such as accounting, insurances, contract administration, City coordination of overlapping issues (zoning, development, planning, etc.), and external networking, building alliances, macro CRA issues. Community interfacing with individuals, groups and entities. Grant requests, review and administration (Fagade Grant, Economic Development Grant and Direct Incentive Program). Events coordination, HR issues, Grant Source Tracking/Application, Revision and Up-Dating of Operational Manuals of various types, Board meeting preparations, etc. Development Items: Group A Boynton Beach Blvd/Promanade/Riverwalk Design/Build RFQ - Contract signed. Project kick-off meeting held and data collection underway to assemble existing condition. First phase conceptual ~ have be. en rovided b Burkhard_t construction and ~e'~---~o the_ Board for r~ --.Consideratio_n to commence P,hase 2 is an a e~item -~o '~-e' discussed '~ ~e ~ Board meetin~ · Way-Finding Signage Program - Next workshop will be on ~~ cernent hasin t e locations and content. As a result of the Auoust 21st ~ --~-- . . ' ~ ~__..~u.~u~, ~, ~etailecl instruc_tions ~av~ 3399 been .qiven to Bob Trescott of Guidance Pathways to provide life size color samples maps and s~qns for the final workshop. The date for this final workshop has not yet been identified but tar.qeted for September 2003. Direct Incentive Program and loan for the Arches. - Legal Staff is generating the draft document. The second review is underway. Ocean District Redevelopment Plan Update - City Planning Department is drafting the plan study. Plan was accepted in the May 13th Board meeting and a workshop was set to review the update. The CRA Staff is working with City Staff and CRA Board on the revisions. The meetin.q with City Staff to work on the revisions is completed. The draft proposed will be completed and sent to the CRA Board in October 2003. MLK Property Acquisition Phase I - Staff has begun meetings with the area property owners about redevelopment. Developers and owners are being assembled for creation of development strategies to begin projects. Target September 2003 for public announcements. CBD Parking Acquisitions - Negotiations have been underway to acquire future public parking spaces. Project scope includes several existing owners in the targeted Block. Comprehensive Redevelopment Master Plan for the Block is being completed by the private sector. Target September for "letter of understanding" between the various parties. Boynton Beach Blvd District Redevelopment Plan Up-date - Initial meeting upon approval in July. Schedule set for work program. Copies distributed to the Board. The Consultants (RMPK Group) has scheduled a public meetin.q at the library on September 10th at 6:00 PM. Area Businesses, property owners and residents have been notified and a Press Release was provided to the media. The Group has also completed and Provided Staff with an inventory Phase which was accurate with the exception of no mention of standin.q water after rainfall in a specific spot on Boynton Beach Boulevard. Financial Investment Strategies - Staff developed a RFQ for investment strategies, which has been reviewed by legal. Staff will be recommendin.q a CSC Committee to review and rank the RFQ for presentation to the CRA Board in October. SV 3400 Human Resources - Staff has successfully interviewed and hired a Secretary who will be comin,q on board September 15~ 2003. I have enclosed a copy of her resume and a letter of introduction in the September CRA Board meetin.q back-up documentation. SV Museum Feasibility Study- Savage Creatures of Ancient Seas Museum staff feasibility study has been completed. Three RFQ's responses have been received. Review committee member suggestions are being presented to the CRA Board September 2003. Selection of the Feasibility Team will be presented for the September 2003 Meeting. · CRA Budgets - The 2003-2004 bud.qet will be placed on the September 9,2003 CRA Board meetin.q for approval. CRA Brochure and Web Site Development - A letter of interest for seeking graphic designer and web services has been advertised and 8 candidates have responded. Staff is currently reviewing the submitted materials. If the project costs exceed $10,000, the CRA will have to go through the traditional public bid process. Target information back to the Board in October. Events - The overall event strategy is being formally formatted for each event with goals, projections and time schedules. Alliances, Resources and sponsors are been developed Initial contact has been made with the identified partners and the first draft of the plan has been completed. Targeted for September. Group B · High School Adaptive Re-Use Task Force - The Taskforce is scheduled to submit a contract for structural and environmental status review. Initial Verbal feedback form the consultants Bender and Associates indicates that the buildin? is both structural and environmentally sound and can b~ occupied within 2 weeks after chemical treatment of olri Pi.qeon fesses Contract should be approved by September 2003. Land Development Regulation (LDR) - LDR re-write by the City of Boynton Beach over the next several months. CRA asked to submit concerns, ideas, etc. Staff is interfacing on re-write language and reviewing the Second draft concept. 3401 Affordable Spaces Incentive - Program to reward projects for inclusion of below market Retail, Commercial and Residential spaces. Developing incentives and possible criteria guidelines for program. The CRA Board has received a complete Draft. Workshop in October 2003. Genesis Business Program- Staff has begun drafting a Business assistance program. The proposed program will be designed to measure development impact on business; before, during and after redevelopment activities. The program will also Facilitate, encourage reorganization and identification of core competency of Targeted Businesses in the Central Business District and the Heart of Boynton District in order to ensure a competitive environment once proposed redevelopment for those areas are actualize. Data collection and program details under development. A sponsorship package has been developed and distributed to potential sponsors. The comprehensive project briefing to the Board is targeted for October Board meeting. The project launch is tentatively scheduled for the first week in November 2003. Group C GISMO Mapping System - Bringing in-house the mapping system for developer support and develop a "scaled" map book. Completed April 2003. Additional features are under development at this time. · Awards Program - Staff has scheduled meetings to collect existing program materials to use as a starting point for the CRA program. · Vacation Leave - The Executive Director will be out of the office September 11th 2003 through September 15th 2003. Possible Office Options 3402 Facade Grants: This program established as a matching grant program for dollar for dollar matching up to $15,000 per project. This program was well received as demonstrated by the four approvals in the 2002-2003 year. The CPA's $75,000.00 has encouraged $843,535.00 in Private Sector investment. The enhancement of existing commercial buildings ensures a complete unified look in the City of Boynton Beach. Outlined below is the status of each Project that has been approved by the CPA Board Ocean Plaza: Grace Fellowship: Fred and Joes: Boynton Boundless: The renovations have been completed and the Grant payment has been made. The renovations have begun and are scheduled to be completed by the end of the year. Renovations has began, however progress has been slow due to a delay in funding from the bank. (See attached e- mail) Renovation has begun on the interior of the Building. The Facade renovations have not begun. 3403 Page 1 of 1 Hutchinson, Douglas From: Fred & Joe's AutoEdge [fredjoes@bellsouth.net] Sent: Tuesday, August 26, 2003 2:14 PM To: Hutchinson, Douglas Subject: Update Hi Doug, The loan process was held up due to an illness with Desiree at Fidelity Federal. Kathie and I signed papers this morning and it will be forwarded to the SBA in Miami today. That process should take about three weeks. However Kathie and I are going on vacation the 18th of September so it looks like around the 1st of October. I am going to try to get the roofing conffactor on line for that date so we can get this underway. This coming week I will get pictures and bills over to you for what has been done so far. Fred 3404 9/3/2003 V. Public Audience. Any person who decides to appeal any decision of the Community Redevelopment Board with respect to any matter considered at this meeting will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. 3388 The CRA shall furnish appropriate auxiliary aids and services where necessary to afford an individual with a disability an equal oppommity to participate in and enjoy the benefits of a service, program, or activity conducted by the CRA. Please contact Douglas Hutchinson at 561-737-3256 at least twenty-four hours prior to the program or activity in order for the CRA to reasonably accommodate your request. September 5, 2003 Dear Mr Finkelstein and CRA Board Members, On Tuesday, September 1,2003, I had the priviledge of holding a BODA meeting with a whole new group of businessowners primarily from the marina district.. Based on the fact that we share so many common concerns, they have decided to join our organization to begin searching for solutions to the redevel~)pel~l. issues we are facing in the downtown~ I have asked our secretary Ginny Foote to speak on our behalf as I will be out of the country during next week's meeting. We w~nt it to be very clear that we wish to join forces with the CRA and other organizations in'order to make this tumultuous and transitional time a little easier for everyone, It is only through good communication and a proactive approach that we will all see a new Boynton forged. One of the greatest concerns of the businessowners is the all too familiar issue of parking. We ar~ all very ~oncerned with thc ~efety issuc~ ~urrounding cliente and customers gettting to our businesses from lots that are not immediately adjacent to our businesses. We feel that the p~rking & safety issues are things that need to be dealt with before these projects come forward and other issues become more pressing, Proper planning and forethought about the impact of these projects on our area and our livelihoods is critical at this time. We would ask that you seriously consider the possibility Of a comprehensive "people-moving" system and the security that will need to oversee it's operation for you 2003-4 bud~lut year. Plcase feel free to contact me if BODA can dc) ~nything to assist the CRA with it's objectives. I can be reached at 561-738-6613 or via email at ~risten@Krister~Cont[,com, Thank you, Kristen Conti BODA President VI. Public Hearing Any person who decides to appeal any decision of the Community Redevelopment Board with respect to any matter considered at this meeting will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. 3389 The CRA shall furnish appropriate auxiliary aids and services where necessary to afford an individual with a disability an equal oppommity to participate in and enjoy the benefits of a service, program, or activity conducted by the CRA. Please contact Douglas Hutchinson at 561-737-3256 at least twenty-four hours prior to the program or activity in order for the CRA to reasonably accommodate your request. DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 03-207 TO: THRU: Chairman and Members Community Redevelopment Agency Michael W. Rumpf Planning and Zoning Director FROM: Eric Lee Johnson, AICP Planner DATE: SUB.1ECT: August 28, 2003 Harbors Abandonment (ABAN 03-004). Abandonment of an existing 15-foot wide utility easement NATURE OF REQUEST Gregory Mire of Keith & Associates, incorporated, is requesting to abandon the :[5-foot wide utility easement located on a 3.2-acre lot. This request to abandon the utility easement was submitted on May :[6, 2003. it is described as follows: That portion of LOT 6 SAM BROWN .lr.'s HYPOLUXO SUBDiViSiON to the City Of Boynton Beach, Palm Beach County, Florida, according to the Plat thereof on file in the office of the Clerk of the Circuit Court in and for Palm Beach County, Florida, in Plat Book 1, Page 8:[; less the right-of-way for State ROad 5 (U.S. Highway No. 1) described as follows: A 15 foot STRIP OF LAND whose center line is commencing at that a point on the North Property Line that is a distance of 786.97 feet east of the Florida East Coast Railroad right-of-way; said point being the SE corner of Lot :[2, LAS PALMAS PARK subdivision, Boynton Beach, Florida, according to the plat thereof on file in the Office of the Clerk of the Circuit Court in and for Palm Beach County, Florida, recorded in Plat Book 25, Page 242. Said 15 foot strip of land extends south to the sought property line to a point that is a distance of 804. :[9 feet east of the Florida East Coast Railway Right- of-way. The location map attached as Exhibit "A" shows the general vicinity of the utility easement to be abandoned. The attached Exhibit "B'; shows the precise limits of the existing utility easement to be abandoned. The following is a description of the zoning districts and land uses of the properties that surround the subject request. North To the northeast, are developed (Las Palmas) single-family homes with a Low Density Residential (LDR) land use designation, zoned R-l-AA Single-Family Residential. To the northwest is developed commercial (gas station) with a Local Retail Commercial (LRC) land use designation, zoned Community Commercial (C-3); South - Intracoastal Park (under construction) with a Recreation (R) land use designation, zoned Recreation (REC); 3390 Page 2 Memorandum No. PZ 03-207 ABAN 03-004 East West Right-of-way for the Intracoastal Waterway; and Rights-of-way for Federal Highway (U.S. No. 1) and the Florida East Coast Railroad, still farther west is developed commercial property with a Local Retail Commercial (LRC) land use designation, zoned Neighborhood Commercial (C-2). BACKGROUND The subject property is a long rectangular-shaped lot located on the east side of Federal Highway, perpendicular to Gateway Boulevard. The parcel was previously developed with a restaurant/nightclub (a.k.a. Caf~ La Note, Shooters, Bay Club), tiki bar, docks, and respective parking areas. However, the property ownership changed, the nightclub was razed, and Centex Homes was approved for a site plan (NWSP 02-012) to build 51 fee-simple townhouse units on the 3.2-acres lot. Centex's site plan was approved on October 15, 2002. The accompanying land use amendment / rezoning application (LUAR 02-005) and corresponding master plan was approved a month later, on November 19, 2002. All site development is to occur in one phase. ANALYSTS Pursuant to Chapter 22, Article III, Section 4, public notice was given to the property owners that abut the easement to be abandoned, all utility companies have been notified and the request has been advertised in the newspaper. A summary of the responses from the utility companies and city staff is as follows: CITY DEPARTMENTS/DIVISIONS Engineering Public Works/Utilities Planning and Zoning No objection No objection No objection PUBLIC UTILITY COMPANIES Florida Power and Light Bell South Florida Public Utilities Company Cable Company (Adelphia) Cable Company (Comcast) Approval with conditions Approval) No objection No objection No objection N/A (see Exhibit "C" - Conditions of According to the Engineering Division of Public Works, the applicant has already rededicated utility easements elsewhere on the subject property in order to provide sanitary sewer coverage. This information is reflected on the new plat. The presence of this utility easement represents the last obstacle to the developer to develop buildings on the site. No building permits can be issued until this easement is abandoned. REC(~MMENDAI'ZON Staff recommends approval of this request to abandon the 15-foot wide utility easement contingent upon satisfying all comments in the conditions of approval. Any additional conditions required by the Community Redevelopment Agency and / or the City Commission will be placed in Exhibit "C" - Conditions of Approval. xc: Central File S:~Planning\Share~Wp\Projecls\Harbors, The\NWSP 02-012~ABAN 03-004\Slaff Report.doc Location Map The Harbors EXHIBIT "A" :: '~NE 25-'FH-AYE ~ R3 ~EC R3 LAKE WORTH/ ICWW N 3392 SKETCH OF SURVEY NOT TO SCALE LOT 12 ..,~ LOT 1 4 ',', ..... r--,' q. ~ . :E -~',.~.~ 1{ - ...... ' .,: :::~:-::~ PLAT~ /~ 12 ,..._,,. ,,.oo.: k DESC~IPTION: ~,~o~ ~.,~' ~ That portion of LOT 6 SAM BROWN dr.'s ' s4 HYPOLUXO SUBDIVISION to the City of z o TR~ 3T A Boynton Beach, Palm Beach County, Florida, ~ according to the Plot thereof on file in (he office of the Clerk of the Circuit Court in m and for Palm Beach County, Florida, in Plat ~C~ 0 )~9. Book 1, Page 81; less the right-of-way for ~ State Road 5 (U.S. Highway No. 1) described ~ 39 ~-- x os follows: o ~ - 43 A 15 foot STRIP OF LAND whose center line ~ ~'n, :3.00' is commencin~ ot thor o point on the ~orth 40~ 44 Property Line that is a distance of 786.97 ~~. ~ feet east of the Florida East Coast Railroad ~ right-of-way; said point being the SE ~ ~ ~ corner of Lot 12, LAS PALMAS PARK = 4] ~ 45 subdivision. Boynton Beach, Florida, < ~ccording to (he plat thereof on file in the ~~ ~ Office of (he Clerk of the Circuit Court in ~ and for Palm Beach County, Florida, ~ recorded in Plot Book 25, Page 242. Said__s 46 ~.oo. 15 foot strip of land extends south to the ...,sc ~ __ ~PLAT · ~/ sough( property line to o point that is a distance of 80~.19 feet e~s~ of the Florida / ~S East Coost Railway Right-of-way. ~o F.E.C. w~/ ~ / ~LROAO 80~.~9' ~' 15' UTILI~ ~SEMENT (O.R.8. 2256, Subject to exist,ng easement or / / PO. '698, P.8.0.R.) right-of-way of record. - ~0' UTILI~ ~SEMENT  ~ (O.R.B. 2259, (es recorded in Official Records Book 2256, LO~ 7 PO. ~117, P.B.C.R.) page 1698, P.B.C.R.) SA BROWN JR's LEGEND: HYPOL~XQ SUBDIVISION (P.B.I,iPG( 81 P.B.C.R.) ~ Indicates set iron rod or nail and ' disc with No. LB6860 identifier. F.E.C. Flor,da East Coast O.R.8. Official Records Book P.B.C.R. Palm Beach County Records Gregory S. Mire P.8. Plo( Book Professionol Surveyor ~nd Mopper No. 4437 ~ Centerline s~bol State of Ftorido UTILITY EASEMENT ~~~~ ~TZ o~/0,10~ ~T~ n6V~SmNS A PORTION OF LOT 6, ¢~/~z~¢ ~¢z~ S6ALE ~"~30' SAM BROWN jr.'s 30~ ~f A~c Po~P~O B~CH, FLORIOA 330~0-664~ FIELD 8K. 1B~-28 HYPOLUXO SUBDIVISION, (954) 788-~400 r~ (g54) P.8. 1, PG. 81, P.B.C.R. D~NG. BY BOYNTON 8~CH SHEET t DF i PALM 8~CH COUNt, FLORIDA DRA~IN6 NO. Survey of UE CHK. BY gm EXHIBIT "B" 3393 CITY OF BOYNTON BEACH. FLORInA EXHIBIT "C" Conditions of Approval Project name: Harbors Abandonment File number: ABAN 03-004 DEPARTMENTS INCLUDE REJECT PUBLIC WORKS- General Comments: None PUBLIC WORKS- Traffic Comments: None UTILITIES Comments: None FIRE Comments: None POLICE Comments: None ENGINEERING DIVISION Comments: None BUILDING DIVISION Comments: None PARKS AND RECREATION Comments: None FORESTER/ENVIRONMENTALIST Comments: None PLANNING AND ZONING Comments: None 3395 Conditions of Approval 2 DEPARTMENTS INCLUDE REJECT PRIVATE UTILITIES Comments: 1. Adelphia: None. 2. Florida Power & Light: FP&L acquiring all additional easements for any and all existing or proposed FP&L facilities necessary to service any and all existing / proposed future construction requiring electrical service at the abandoned site. This includes but is not limited to 10 foot wide easements adjacent to both sides of all major thorough fares; All easements where FP&L facilities exist are not considered abandoned until said facilities are de-energized, relocated, and / or removed; Any and all costs resulting in the relocation or removal of FP&L facilities due to said abandonment are paid by the customer and / or property owner and / or requesting party. 3. Florida Public Utilities Company: None. 4. Bellsouth: None ADDITIONAL PLANNING AND DEVELOPMENT BOARD CONDITIONS Comments: 5. None ADDITIONAL CITY COMMISSION CONDITIONS Comments: 6. To be determined. S:~Planning\SHARED\WP~ROJECTS\Boynton Commerce Ctr~ Boynton Commerce Cfr Lot 3B'~ABAN 03-007~COA.cloc 3396 DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: APPLICANT'S AGENT: APPLICANT'S ADDRESS: The Harbors Mr. Gregory Mire, PSM with Keith &Associates, Incorporated 301 East Atlantic Boulevard, Pompano Beach, FL 33060 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: September 16, 2003 TYPE OF RELIEF SOUGHT: Abandon a 15-foot wide utility easement LOCATION OF PROPERTY: 2300 North Federal Highway DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. THIS MATTER came before the City Commission of the City of Boynton Beach, Florida appearing on the Consent Agenda on the date above. The City Commission hereby adopts the findings and recommendation of the Community Redevelopment Agency Board, which Board found as follows: OR THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. The Applicant HAS HAS NOT established by substantial competent evidence a basis for the relief requested. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "C" with notation "Included". The Applicant's application for relief is hereby ... GRANTED subject to the conditions referenced in paragraph 3 hereof. DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other DATED: 3397 City Clerk S:\Planning\Shared\Wp\Projects\Harbors, The\NWSP 02-012W. BAN 03-004\DO.doc VIII. Old Business: Any person who decides to appeal any decision of the Community Redevelopment Board with respect to any matter considered at this meeting will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. 3405 The CRA shall furnish appropriate auxiliary aids and services where necessary to afford an individual with a disability an equal oppommity to participate in and enjoy the benefits of a service, program, or activity conducted by the CRA. Please contact Douglas Hutchinson at 561-737-3256 at least twenty-four hours prior to the program or activity in order for the CRA to reasonably accommodate your request. MEMO TO: CRA Board FROM: Susan Vielhauer SUBJECT: Proposed Language Changes to Procurement and Financial Manuals DATE: September 2, 2003 Staff is recommending the following changes to the Procurement Manual. NUMBER 1- PURCHASING CREDIT CARD PROGRAM In the Purchasing Credit Card program, Purchasing Credit Card limits will be set as follows; $500.00 single purchase limit and a $500.00 cumulative purchase limit per month. Specifically exempt from Procurement Manual policies and the $500.00 purchase limit are the following items; hotel reservations, conference registrations and transportation expenses for approved CRA travel. Staffs' recommendations for changes to the Procurement Manual are identified in italic and bold. These changes will accommodate the purchase and activities needed by the CRA and improve the proficiently in processing Iow dollar value purchases. CRA PURCHASING POLICY MANUAL PURCHASING CREDIT CARD PURPOSE: The CRA Purchasing Credit Card Program is designed to improve efficiency in processing Iow dollar value purchases from any vendor that accepts the Visa / MasterCard or American Express credit card. This program will allow the cardholder to purchase approved commodities, services, and business luncheons, business meetings and business entertainment activities directly from vendors. Each purchasing credit card is issued to a named individual and the CRA's name is clearly shown on the card as well. The tax-exempt number will be given to each cardholder. 3406 The CRA Director will monitor the performance of the program. The purpose of these policies and procedures is to accomplish the following: To provide an efficient method of purchasing and paying for goods and services as well as use for CRA business luncheons, business meetings and business entertainment not exceeding $500.00 single or cumulative purchase (total invoice). Specifically exempt from Procurement Manual policies and the $500.00 purchase limit would be hotel reservations, registrations and transportation expenses for approved travel 2. To replace manual hardcopy requisitions and purchase orders for Iow dollar value purchases. 3. To ensure purchasing credit card purchases are in accordance with the CRA's policies and procedures. 4. To ensure that the CRA bears no legal liability from the inappropriate use of the purchasing credit cards. 5. To provide for disciplinary action if the purchasing credit cards are misused. The policies and procedures provided herein are minimum standards for use. NUMBER 2 - PURCHASE AUTHORIZATION Currently: The CRA may purchase budgeted good and services costing less than $499.99 without verbal or written quotes. The CRA must have three verbal quotes for purchases of goods and services greater than $500.00 but less than $2,000.00 and three written quotes for goods and services greater than $2000.00 but less than $5,000.00. The Chairman and the CRA Director review and approve purchases greater than $5,000.00 but less than $10,000.00. The formal bid process applies to purchases over $10,000.00. The CRA Executive Director proposes a change to be authorized to approve budgeted purchases up to $10,000.00 under these procedures for procurement. 3407 Staffs' recommendations for changes to the Procurement Manual are identified in italic and bold. These changes will relate to purchases and activities budgeted by the CRA. CRA PURCHASING POLICY MANUAL BIDDING AND 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: The purchase 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. Purchases 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 CRA Director* Direct Payment Requisition/P.O. $500 to $1,999 Three Verbal Quotes CRA Director* Direct Payment Requisition/P.O. $2,000 to $4,999 Three Written Quotes CRA Director* Direct Payment Requisition/P.O. $5,000 to $9,999 Three Written Quotes CRA Ch=!rm_-..-. -,_.,' Direct Payment ,4,,o.. .... ~. CRA Req isition/P O Director* $10,000 or more Formal Bid Process CRA Board Formal Bid * or assigned Designee. 1. Direct Payment Requisition. All requisition forms must be submitted to CRA Director or designee providing the amount to be paid, the vendor name and vendor address. The supporting invoice must be attached to the requisition. 2. Purchase Requisition less than $500. 34O8 All Purchase Requisitions totaling less than $500 per purchase may be processed with a Form 121 and the invoice attached to the Form 121. All Form 121's are forwarded directly to the CRA Director for approval and returned to the Controller. Price quotes are not required for purchases under this amount. 3. Purchase Requisition totalinq between $500 to $1,999. All Purchase Requisitions totaling between $500 and $1,999 will require three verbal quotes. The verbal quotes will be summarized and attached to a Form 121. All Form 121's are forwarded directly to the CRA Director for approval and returned to the Controller for payment or issuance of a purchase order. 4. Purchase Requisition totalinq between $2,000 to $4,999. All Purchase Requisitions totaling between $2,000 and $4,999 will require three written quotes. The written quotes will be attached to a Form 121. Form 121's shall be forwarded directly to the CRA Director for approval and returned to the Controller for payment or issuance of purchase order. 5. Purchase Requisition totalinq between $5,000 to $9,999. All Purchase Requisitions totaling between $5,000 and $9,999 will require three written quotes. The written quotes will be attached to a 'Form 121 and forwarded directly to the CRA Director. The CRA Director a~I-CRA ,-,,.,a,...._....._.. ...... _. '""o~'"'"""_.._.=,..~_ will review the quotes, approve one and return to the Controller for payment or issuance of a purchase order 6. Purchase Requisition over $10,000. All Purchase Requisitions over $10,000 will require a formal bid process and the approval of the bid by the CRA Board prior to the issuance of a purchase order. After all procedures have been met the ultimate responsibility for informing the Controller to issue a purchase order or check rests with the CRA Director. NUMBER 3- FINANCIAL MANUAL Staff is recommending the following policy be adopted for the administration of the CRA budget, which is not in place at this time. This adoption of this policy will allow bills to be paid on time and deficits grouped together for the CRA Boards approval. The CRA Executive Director will have the authority to override a given 3409 budget line item in the amount not to exceed 10% of the approved line item budget category or $10,000.00 which ever is less. Expenditures shall have the required 121 form and detail documents supporting the purchase. As per the previous CRA Board direction, Staff will be proving written explanation on the deficit of each budget line item quarterly and will be requesting a budget transfer request twice in the fiscal year if there is a need. The proposed provision is as follows: ADMINISTRATION OF CRA BUDGET PURPOSE: The purpose of this policy is to formalize a procedure to process a budget line item surplus or deficit. POLICY: The CRA Executive Director will have the authority to override a given budget line item in the amount not to exceed 10% of the line item budget category or $5,000.00 which ever is less. PROCEDURE: 1. The Controller will give written notice to the CRA Executive Director of a budget line item deficit or surplus. 2. The CRA Executive Director will approve the deficit up to 10% if the line item budget category or $5,000.00 which ever is less. 3. The Controller will provide an explanation of each budget line item deficit to the CRA Board in the monthly financial report. 4. The Controller will provide a budget transfer request to the CRA Board on a semi-annual basis for approval. 3410 ORDINANCE NO. 03- AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA ESTABLISHING A URBAN CENTRAL BUSINESS DISTRICT; SETTING FORTH THE BOUNDARIES OF THE URBAN CENTRAL BUSINESS DISTRICT; ESTABLISHING GUIDELINES AND STANDARDS WHICH SHALL BE APPLICABLE TO DEVELOPMENTS WITHIN THE URBAN CENTRAL BUSINESS DISTRICT; PROVIDING FOR TRANSMISSION TO THE DEPARTMENT OF COMMUNITY AFFA/RS; PROVIDING FOR CONFLICTS, SEVERAB]LITY, CODI~CATION, AND AN EFFECTIVE DATE. WHEREAS, the Florida Administrative Code authorizes the designation of a urban core area as an Urban Central Business District provided certain established criteria is met; and WHEREAS, the City of Boynton Beach is a municipality with a population exceeding 25,000 and is located within an urbanized area as defined by the 1990 census; and WHEREAS, the area proposed for the Urban Central Business District is currently served by mass transit service, as defined in Chapter 9J-5, Florida Administrative Code; and WHEREAS, the City Commission finds it is in the best interest of the City to establish a single urban core area to attract high intensity, high density, multi-use development in the area currently referred to as the central business district; and WHEREAS, the City Commission finds it is necessary to the City's long range controlled growth objectives to create an urban core area to serve as a hub of eastern redevelopment activity; and WHEREAS, the creation of an urban central business district is necessary to achieve the City's goals for redevelopment of its eastern historical downtown district; and WHEREAS, the redesignation of the central business district to an urban central business district will permit additional development density opportunities suitable to attract mixed use business; and WHEREAS the area proposed for the urban central business district currently enjoys a land use designation and zoning classification compatible with intensification of use in the area; and WHEREAS, the area hereinafter specified for designation as a Urban Central Business District meets all qualifying criteria provided in Florida Administrative Code Rule 28-24.014 for designation as a urban central business district. NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The foregoing Whereas clauses are true and correct and are now ratified and confirmed by the City Commission. Section 2. The City Commission of the City of Boynton Beach, Florida hereby designates the current central business area hereinafter described as a Urban Central Business District as that term is defined by Florida Administrative Code Rule 28-24.014 (10)(c)l. The land that shall comprise the Urban Central Business District is bordered on the east by the Intracoastal Waterway, on the west by the Florida East Coast Railroad right-of-way, on the north by northeast 6th Avenue, and on the south by S.E. 2na Avenue and consists of approximately ninety-eight (98) acres. The area is further delineated in map format on attached Exhibit "A". Section 3. The Urban Central Business District is consistent with the City of Boynton Beach Comprehensive Plan and Future Land Use map intensities, and has a land use designation of Mixed Use (MX), eligible for Mixed Use Core (MXC) and a zoning district designation of CBD, which is eligible for Mixed Use High (MUH). Section 4. The Urban Central Business District is wholly within the jurisdictional boundaries of the City of Boynton Beach. Section 5. The current land use and zoning designation allow for high intensity multi-use development within the proposed District. Section 6. All laws and ordinances applying to the City of Boynton Beach in conflict with any provisions of this ordinance are hereby repealed. Section 7. Should any section or provision of this Ordinance or any portion thereof be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the remainder of this Ordinance. Section 8. This Ordinance shall become effective immediately upon passage. FIRST READING this ~ day of ,2003. SECOND, FINALREADINGANDPASSAGE this 2003. ~day of CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Mayor Pro Tem Commissioner ATTEST: Commissioner City Clerk ATTACHMENT 'A' City Of Boynton .Beach Mixed Use-Core Area 0 0.025 0 05 IX. New Business: Any person who decides to appeal any decision of the Community Redevelopment Board with respect to any matter considered at this meeting will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. 3411 The CRA shall furnish appropriate auxiliary aids and services where necessary to afford an individual with a disability an equal oppommity to participate in and enjoy the benefits of a service, program, or activity conducted by the CRA. Please contact Douglas Hutchinson at 561-737-3256 at least twenty-four hours prior to the program or activity in order for the CRA to reasonably accommodate your request. I O~nm~ml~ mmm ~lmmm~, mm mmm~.~mmm~m mm mm mm mmmm mmm mmmmmm mmmm mmmm m mmm~llm Federal Highway Private Road MEMO TO: CRA Board FROM: Douglas Hutchinson SUBJECT: Burkhardt: Phase I & Phase II Proposal DATE: September 3, 2003 Please find an invoice, memo and Phase 1 Draft Design concepts from Burkhardt Construction. They have asked for a 90% draw on the first phase work. Staff has review the invoice in accordance with the Exhibit "G" and Exhibit "1" and is recommending that the 90% of the basic services $104,220.00 be paid at this time. Staff has discussed with Burkhardt Construction the fact that reimbursable expense can only be billed after the expense has been paid. When expense has been paid, Burkhardt Construction will provide invoices and copies of checks to the CRA for payment. Staff has also identified several areas in Exhibit "G" (listed below), which along with the input list from the CRA Board will need to be addressed for the final 10% draw to be released. Roadway 1. Utilities 1. The improvements to Boynton Beach Boulevard will include the intersection of US-1 and will extend a maximum of (200 feet) form the north and south. (Show the turn lane concepts) There will be signal modification required at the intersection of US-1 only. Place fire hydrants as necessary to maintain spacing as required by applicable codes and regulations. Show note to have the existing minor overhead utilities replace underground. 3412 Boardwalk 1. Tie-in to the existing boardwalk north of the proposed extension of Boynton beach Boulevard and continue northward to the property line. (not shown) 2. The boardwalk will be lighted for pedestrian use and provide area for entertainment with water, sewer, communication and electrical utilities. Additionally, empty conduits will be included in the design for future use by the BBCRA. (Must show utilities, empty conduits and proposed routes) B. Schematic design Task B8. Opinion of probable construction cost. This first phase is just a compiling of concepts into one direction. Please review and comment to me. I hope to be able to take most of these issues directly to Burkhardt Construction so that the agenda meeting does not run too long. The next phase review will be getting down to more exacting designs and will probably need a workshop time. Burkhardt Construction is proposing to move to the next phase and the proposal is included in the package. 3413 INVOICE August 25, 2003 Pre-Construction Services 15% Design Engineering Fees Project: Owner: Design/ Builder. Boynton Beach Boulevard Extension, Promenade And Riverwalk BBB2003-1 City Of Boynton Beach, Community Redevelopment Agency 639 East Ocean Ave, Suite #107 Boynton Beach, FI. 33435 Att: Douglas Hutchinson, Director Burkhardt Construction, Inc. 1400 Alabama Ave. ~20 West Palm Beach, FI. 33401 Att: Dennis E. Haynes Total Not To Exceed Fee Athorized For 15% Schematic Design Per Agreement Dated 7/01/03 Task % Complete As Of 8/26103 And Amount Now Due Thank You ! 90% $ 150,900.00 3414 BURKHARDT CONSTRUCTION, INC. 1400 Alabama Avenue WEST PALM BEACH, FLORIDA 33401 (561) 6594400 FAX (561) 659-1402 CITY OF BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY 639 EAST OCEAN AVE., SUITE #107 BOYNTON BEACH, FL 33435 HAND DELIVERED 8/26/03 i Jo..o. ^TTE"~'°~OUGLAS HUTCHINSON RE: BBB 2003-1 BOYNTON BEACH BLVD. EXT. PROMENADE & BOARDWALK WE ARE SENDING YOU {~ Attached [] Under separate cover via [] Shop drawings [] Prints [] Plans [] Copy of letter [] Change order [] [] Samples the following items: [] Specifications COPIES DATE NO. DESCRIPTION 2 8/26/03 8 [~S 30% DESIGN DEVELOPMENT SCOPE/FEE PROPOSAL 2 8/25/03 1 pag~. INVOICE FOR DESIGN SERVICES TO DATE AMOUNT DUE: $135,v~ . 10 8/26/03 23 pg~. 15% SCHEMATIC DESIGN BOOKLET THESE ARE TRANSMITTED as checked below: ~I For approval [~ For your use [~ As requested [] For review and comment [] FOR BIDS DUE [] Approved as submitted [] Approved as noted [] Returned for corrections [] Resubmit [] Submit [] Return copies for approval copies for distribution corrected prints __ [] PRINTS RETURNED AFTER LOAN TO US REMARKS COPY TO. 3415 BURKHARDT OONSTRUOTION, INC. Vincent G. Burkhardt President August 26, 2003 Mr. Douglas Hutchinson Director Boynton Beach Community Redevelopment Agency 639 East Ocean Avenue, Suite #107 Boynton Beach, Florida 33435 Re: Boynton Beach Boulevard Extension Design Development Proposal (30% Scope/Fee Proposal) Dear Doug: As Of This Date We Are Presenting Schematic Design Drawings (15% Package) For Board Review, Comment And Approval. Once Approved And Signed Off By The Board The Initial Schematic Design Requirements, As Contracted, Shall Be Completed. Simultaneously So As To Provide A Continuous, Uninterrupted Progress In The Project Design We Submit The Following Proposal For Board Authorization Enabling Us To Proceed With Design Development Drawings (30% Package) This Next Step Includes Design Development Drawings And Will Also Include Preliminary Permitting Meetings Which Will Determine The Scope Of Permitting Requirements For The Project. It Is Worthy Of Note That We Have Learned A Seagrass Survey Update Shall Be Required By S.F.W.M.D. There Is A Seasonal Restriction On Obtaining And Reporting This Information. All Investigation Must Be Completed Between April 1, And August 31. Upon Learning Of This We Informed The Director And In Good Faith Proceeded With The Seagrass Survey So As Not To Miss The Timing Window. The Fee For This Effort Is Included In The Design Development Drawings (30% Package) Scope/Fee Proposal. The Culmination Of The Design Development Drawings (30% Package) Shall Be Presentation Of The 30% Plans For Board Approval And The Initial Opinion Of Probable Cost Preliminary Estimate. 3416 1400 Alabama Avenue · West Palm Beach, Florida 33401 ° (561) 659-1400 · Fax (561) 659-1402 Boymon Beach CRA, August 26, 2003, Page 1 Exhibit "A" SCOPE OF SERVICES Task 1 - Design Development Documents 1.1 30% Construction Documents We will develop a 30% plan set based upon thc approved plans developed during the design development process. This 30% plan set will show the geometric layout over top of the surv,y. The basis for the design of the construction document set will be the approved Schematic Design as previously submitted, City of Boynton Beach Design Standards, and FDOT's design standards as found in The Roadway and Traffic Design Standards dated 1994. Ten (10) copies of the 30% plans will be submitted to the CRA for distribution to the appropriate departments for their review. After sufficient review time, a meeting will be scheduled with CRA staff to review the 30% plan set. The purpose of the meeting will be to review the 30% plan set comments, discuss revisions and design decisions, solicit additional comments from CRA staff concluding the meeting with an approved Plan. Two copies of the approved 30% plan set will be forwarded to each utility company known to operate in the vicinity of the project. Each utility company will be requested to return one set of redlined plans, identifying the horizontal and vertical location of their facilities, to the engineer. The engineer will log in each set of plans when returned by the utility companies. This information will be added to the plans. We will attend up to two meetings with CRA staff and the utility companies to review the project and potential impacts to the utility owners. In general, the set of 30% plans may contain the following information: 1.I.1 1.1.2 Cover Sheet A cover sheet utilizing the standard Boynton Beach CRA cover sheet will be provided. Typical Roadway Sections Typical sections will be prepared, detailing the proposed work for mainline and cross street construction. It is anticipated that two typical sections will be required, one typical describing construction on Boynton Beach Boulevard and one for cross streets. The Consultant will retain a geoteclmical-engineering firm. The geotechnical sub-consultant will obtain exiting soil percolation rates, pavement cores; evaluate the existing pavement and subgrade conditions; and prepare a report summarizing their findings as well as providing a pavement design recommendation. 3417 Boynton Beach CRA, August 26, 2003, Pag~ 2 1.1.3 1.1.4 1.1.5 1.1.6 1.1.7 Horizontal and Geometric Roadway Improvements Horizontal all,merits and geometric improvements will be detailed on the survey plan sheets. Roadway Vertical Profile Grades Proposed mainline and cross street vertical profile grades will not be developed during this phase. General Notes General notes defining the basis of design and construction requirements will be provided. Existing Utilities Utility information, as obtained during survey data collection and the information provided by the respective utility owners will be added to the plans. Drainage Improvements 1.1.7.1 We will attend up to five (5) coordination meetings with various team members and the CRA during the course of the design and permitting process. The meetings will consist of a project kick-off meeting, a meeting to review the conceptual stormwater design, a meeting to review the stormwater permit package prior to submittal to the South Florida Water Management District (SFWMD), a meeting with the CRA to review the Final Design Package, and one discretionary meeting to be conducted. 1.1.7.2 A hydraulic analysis will be conducted on the project area. During the analysis, the volume of stormwater runoff will be calculated from the design storm, the capacity of the existing stormwater collection system will be evaluated, and the water quality requirements from the initial nmoff of stormwater will be calculated. Following the calculation of excess stormwater volume and water quality assessment, an analysis of water quality improvements techniques will be conducted to establish a combination of methods to provide water quality treatment goals. Various methods including on-site disposal, off-water separators, sedimentation sumps, discharge methods will be evaluated to provide water quality treatment goals within the project area. Methods previously developed for the City and SFWMD will be used to meet the water quality requirements. Following the hydraulic analyses, the Consultant will prepare a conceptual design for improvements to the stormwater collection and disposal systems within the project area. The conceptual design will include locations and capacities of catch basins and localized disposal systems (e.g., Freuch drain.~ and drainage wells), and a listing of details to include into drainage features. 1~1.7.3 3418 Boynton Beach CRA, August 26, 2003, Page 3 1.1.8 3.1.9 1.1.10 1.1.11 1.1.12 1.1.13 Landscape, Hardscape and Irrigation Improvements Landscape and irrigation layouts will be provided as outlined within the approved Schematic Design submittal. Included will be the mainline layout of the irrigation system for the project. Gateway/Entry Features and Boardwalk Pavilions Plan.% sections and preliminary details for the project gateway/entry features and the boardwalk open air pavilions will be provided as outlined within the approved design development plans created in Task 2. Theming and Community arts program Based on the theming c, oneepts approved in the design development plans, we will work with the local arts community to prepare an arts program integrated into the overall planned improvements. We with coordinate plan preparation of arts and theming elements for pricing by Burkhardt Consuuetion~ Pedestrian Lighting Improvements Schematic pedestrian lighting layouts will be provided based on a reeo,m,ended foot candle illumination level developed by the CRA and the consultant team within Task 2. Boardwalk Improvements Horizontal alignments along with the layout of the vertical aesthetic elements of the boardwalk will be provided based upon the approved design development plans. Intersection Improvements There are two large intersections and two smaller intersections that will be i ~mproved as part of this project. The more si~,nifieant intersections are at the intersection of US-1 and Boynton Beach Boulevard and NE 6~ Street and Boynton Beach Boulevard. The geometry of these intersections will be evaluated and recommendations for enhancements to the geometry as well as aesthetic improvements will be developeck Additionally, initial signal modifications/additions will be reviewed and developed as part of this task for the US- 1 intersection. The two smaller intersections are both along Boynton Beach Boulevard and are at the entrances into the new development at the marina. These intersections will be coordinated with the development plan to be consistent and will also be consistent with the overall theme of the streetacape project. 30% Plan set s~mamary of estimated sheets: Cover Sheet Typical Sections Centerline Control Sheet Plan and Profile Sheets (Roadway) Miscellaneous Construction Details 3419 Boynton Beach CRA, August 26, 2003, Page 4 Miscellaneous Drainage Details 2 Utility Plans and De'tails 3 Signing and Pavement Marking Plans 3 Landscape Horizontal Control Plans 6 Typical Sections and Area Enlargements 7 Irrigation Plans and Details 6 Electrical Plans and Details 6 Hard/Sofiscape Details 6 Theming and Arts Plans and Details 4 Gateway and Entry Feature Plans and Sections 2 Pavilion Plans and Sections 2 Boardwalk Horizontal Control Plans 6 Boardwalk Detail Sheets 8 Boardwalk Structural Detail Sheets not in this submittal Total Number of Sheets 72 The Consultant will provide 10 copies of the 30% construction document plan set to the CRA for distribution to the appropriate departments for their review. Afl~ sufficient review time, a meeting will be scheduled with CRA to review the 30% design plans. Task 1.1 - Opinion of Probable Cost An Opinion of Probable Cost will be provided at the completion of this task. Task 2 - Initial Permit Coordination and Data Collection It is anticipated that numerous permits will be required for the improvements associated with this project from regulatory agencies. Additionally, there will be significant coordination and data collection efforts to obtain the existing information for the site. Such data collection will include utility locations, as-built information, and coordination with the marina developer. Listed below are the agencies that we may be coordinating, obtaining existing data, and conducting pre-application meetings with in relationship to the proposed improvements: 2.1 2.2 2.3 2.4 25 26 27 Z8 South Florida Water Management District (Sb-~34D) United States Army Corp of Engineers (USACE) National Marine Fishery Services (NMYS) United States Fish and Wildlife Services (FWS) United States Coast Guard (USCG) Florida Fish and Wildlife Conservation Commission (FWC) Florida Department of Transportation (FDOT) Palm Beach County Traffic Engineering 3420 Boynton Beach CRA, August 26, 2003, Page 5 2.9 2.10 2.11 2.12 2.13 2.14 2.15 2.16 Palm Beach County Ut~fit~es l~or~da Power and Light (FPL) Southern Bell Gas Company Cable Company Boynton Beach Engineering Boynton Beach CRA Marina Developer and Professional Services Team The consultant will prepare a Technical Memorandum that summarizes the findings and discussions with the regulatory agencies. The memorandum will also include the consultant's recommendations and a strategy for proceeding for the Client's consideration. Task 2.1 - Seagrass Survey The consultant will conduct a seagrass survey to determine areal extend, species composition, and abundance of seagrass in the vicinity of the proposed promenade. This survey will include eleven transects of the vicinity of the proposed promenade. These transects will nm every 100 feet along the shoreline, from the Mean High Water Line (MI-IWL) towards the Intracoastal Waterway (ICW) for a length of 50 feet. General conditions will be noted for data collection days such as date, time of observations, names of staff, tidal stage, weather, and other relevant information as determined by the consultant. Each transect will be set using a 100 foot waterproof measuring tape. Buoys will be placed at the beginning and endpoints to indicate their position. A differentially corrected Global Positioned Satellite (GPS) unit will be used to record the transect begin and endpoint positions. The consultant will survey three one square meter quadrants along each transect. The one square meter quadrant will be sectioned into four equal sections. The percent cover for each species present will be recorded. Notable qualitative observations will be delineated and their position along the tape will also be recorded. The consultant will provide written documentation of the seagrass survey findings in the form of a technical memorandum. This memorandum will outline the methodology and findings of the seagrass survey. Task 3 - Public Meetings and Presentations Our proposal includes attendance at one Public meeting (CRA Board Meeting) in addition to the meetings that are described within the above tasks. The consultant shall prepare graphics for and present the plans to the CRA board at the completion 3421 Boynton Beach CRA, August 26, 2003, Pag~ 6 of the 30% documents. The intent of this meeting is to review the proposed improvements as well as discuss the project cost and schedule. Task 4 - Utility Conversion Coordination ff the CRA desires to place the existing overhead utility system below ground, the Consultant will coordinate with the various utility companies the relocating of the systems underground. The new underground facilities will need to be located on our construction documents to minimize conflicts with roadway, utilities, drainage and beautification improvements. Therefore, the coordination of the overhead conversions to underground will initiated during this phase of the project. ADDITIONAL SERVICES Upon your authorization, we will provide any additional services that may be required beyond those described in Task 1 through 4. These services may include but are not limited to such items as the following: Preparation of construction documents. · Preparation ofponnit applications. · Preparation of right of way acquisition sketches or descriptions. · Significant redesigns of the drainage system to meet additional SFWMD requirements caused by changing agency criteria after our initial design is reviewed with each appropriate agency and similar factors outside the consultant's control. · Making traffic counts or undertaking other traffic related analysis. · Traffic signal plans. · Design of habitable structures including museum and theater facilities. · Mitigation Plans. COMPENSATION We will provide the scope of services as described as outlined below. Basic Services Lump Sum Amount Task 1 - Design Development Plans ................................................ $225,000 Task 2 - Initial Permit Coordination and Data Collection ..............$53,500 Task 3 - Public Meetings and Presentations ..................................... $10,500 Task 4 - Utility Conversion Coordinstion ........................................... $9,500 Task 5 - Preliminary Cost Estimate ..................................... $15,750 Expenses ....................................................................... $38,000 3422 Boynton Beach CRA. August 26, 2003, Page 7 Total $352,250 SCHEDULE We will provide the services outlined in task 1 through 5 in accordance with the time flame outlined below: Deliverable Design Development Plans & Preliminary Construction Cost Estimate Permit Coordination Public Meetings and Presentations Utility Conversion Coordination Schedule 12-16 weeks af~ notice to proceed Concurrent with Design Development Task After submittal of Design Development Plans Concurrent with Design Development Task O:kBoynton Beach CRA\buda'mr~eol~fo~designdevelopment doe 3423 Hutchinson, Douglas From: Sent: To: Cc: Subject: Livergood, Jeffrey Tuesday, September 02, 2003 9:30 AM Hutchinson, Douglas Bressner, Kurt BB Blvd and Promenade Doug, Thanks for sending me the plans for the above referenced project. The plans I received were dated August 26, 2003. I found the plans to be deficient in preliminary roadway geometdcs. You should consider enlisting the traffic engineering skills of KJmley Home to look at the overall traffic capacity of the intersection of Federal and Boynton Beach Blvd. The consultant should also formally evaluate traffic and pedestrian patterns on all of the new "street" portion. The City will likely get one shot at rebuilding the intersection of Federal and Boynton Beach Blvd. Thus, we should consider the traffic that will be generated by all potential development in the CBD and then reconstruct the intersection one time. For example, it would be poor planning to complete your work on Boynton Beach Blvd and then a year later other development proceeds that would require that the intersection again undergo modification by adding something like a dght turn lane on northbound Federal, for example, or even worse an entirely new lane on Boynton Beach Blvd east of Federal. Instead, it would be desirable to construct the full improvements now, plus it would be safer to the motodng and pedestrian public by reducing the timeframe of construction activity. It is nearly certain that future development will not be viable and successful without roadway lane additions and/or other modifications on Federal and the west approach leg of Boynton Beach Blvd as well. Whether the CRA chooses to fund the improvements, or apportion the cost to each future developer on a recapture agreement of sorts, is a choice that must be made by the CRA. Perhaps the improvements could be constructed by the CRA and leveraged as an incentive to developers? However, please know that the City staff will recommend formal evaluation of necessary traffic capacity improvements and construction of same. These steps will have to be taken by someone pdor to pdvate development and prior to construction of Boynton Beach Blvd by the CRA. Of course, our staff role is to recommend only and the City Commission has final authority. The need for increased traffic capacity will be solely attributed to all future development in the CBD, both public and pdvate. I think it best that the CRA have the foresight to plan for the future traffic and thus re-build this intersection and other necessary improvements one time, and not multiple times as each individual development proceeds. Sorry, but I cannot support the pavement cross sections as shown on the referenced plans until such time that a formal traffic study is conducted by a professional engineering firm well versed in traffic studies. This study must consider the intersection improvements necessary to reasonably support future development. I am available to assist you and the CRA in any way. Jeff 3424 Exhibit "G" Scope of services The proposed improvements have been identified in the RFQ and attached as Exhibit "G" ,"H", And 'T' Several schematic designs have been completed for these improvements. It is the intent of the BBCRA to have the Contractor utihze these schematic designs as the understanding for the desired "look" of the finished improvements. Additionally, the Marina Village Project has been approved adjacent to the proposed Boynton Beach Boulevard Extension and immediately west of the new Marina Docks. The access of this project along the design elements of the Project will be considered when preparing the plans for the BBCRA. Below are some of the proposed improvements that shall included in the design have been outlined. Roadway 1. The extension of Boynton Beach Boulevard will extend due east fi:om US-1 to the Intracoastal Waterway and will be designed to support emergency vehicles and possibly Shuttle vehicles as well. East of the vehicular access to the Marina Village Project the extension will become a pedestrian promenade. 2. The improvements to Boynton Beach Boulevard will include the intersection of US-1 will extend a maximum of(200 feet) from the north and south. 3. There will be signal modification required at the intersection of US-1 only. Drainage 1. Contractor will be responsible to provide all required water quality studies and for compliance with all water quality standards and regulations. 2. Based on existing elevations, initial recommended design solutions will be determined following the completion of the hydraulic analysis to be completed by Contractor. Utilities 1. Place fn'e hydrants as necessary to maintain spacing as required by applicable codes and regulations. 2. There are no anticipated improvements to the sanitary system, 3. Provid.,e coordination to have the existing minor overhead utilities replaced Underground. (Work will actually be completed by others). Lighting 1. Pedestrian Poles will be the recommended lighting system for the entire project. 2. The recommended lighting system design should reflect the current light poles placed within the BBCRA. 47 Exhibit "G" Continued Scope of Services Landscaping 1.Landscape themes will be consistent as to unify the entire project area and allow for some flexibility with/n the overall concepts. 2.Landscape improvements assume the installation of major street trees within the Project area along with a significant entry feature into the project area. Boardwalk 1. The boardwalk will incorporate an entry feature as it connects into the extension of Boynton Beach Boulevard. 2. ~ The boardwalk shall incorporate a theme as approved by the BBCRA. 3. The boardwalk will incorporate open-air pavilion (s) as identified by the BBCRA. 4. The boardwalk will meander along the limits of the existing mangroves within the limits of the BBCRA privately owned submerged land and tie-in to the existing boardwalk north of the proposed extension of Boynton Beach Boulevard, and continue northward to the property line. 5. The boardwalk will be lighted for pedestrian use and provide area for entertainment with water, sewer, communication and electrical utilities. Additionally, empty conduits will-be included in the design for future use by the BBCRA. Schematic Design Task Survey Coordination/Data Collection Work This task will consist of coordinating improvements made within the area since the completion of the latest survey and coordinating the additional survey requirements. The coordination activities will be limited to an initial "windshield" survey by the Contractor and survey crew chief to identify significant changes in the physical environment since the completed survey. Based on these findings, the survey will be updated to reflect the existing conditions. The Contractor will collect readily available information including information provided by the Client such as the existing bathymetry and natural resources within the project vicinity and ~onduct field reconnaissance to characterize these resources. The Design/Builder will provide asurvey for the engineering design. This will include the location of surface features, inverts and locations of the storm/sanitary structures, cross sections at 50-foot intervals and providing a baseline survey. Upon completion of the 30% effort additional survey may be required along the Intracoastal Waterway. 48 Exhibit "G" Continued Scope of Services B.Schematic Design Task A base map of the existing conditions will be prepared using a scale of no less than lin. = 40ft. scale, utilizing the updated survey and information being obtained within sub-task"A" above. Within this task we will apply the typical cross sections as approved by the BBCRA to the proposed roadway in a plan view. The components of the streetscape will be shown to clearly demonstrate the character of the streetscape and will include: B !.. Layout of travel lanes and curbing options B2: Layout and material selection for sidewalk B3. Preliminary size and selection of planting material B4. Layout and selection of pedestrian lighting system B5. Layout and selection of entry features B6. Layout, size and material of shade structures and open air pavilions ,~ B7 Layout, size, and material of boardwalk B8. Opinion of probable construction cost. After the base mapping is prepared, a field walk through will be conducted to verify existing conditions with the BBCRA. Design conditions listed above will be addressed and reviewed to reaffm-n BBCRA consensus prior to the final preparation of The Design Development Plan Set 49 Exhibit "I" Fee The Project's initial Projected Budget shall be as defined in Exhibit "H". The Design/Engineering Fee shall be estimated based on the Project's initial cost projection of $7,720,000. The Design/Engineering fees shall be in the 8% to 12% range of the estimated cost which may be adjusted by the BBCRA fi.om time to time depending on ultimate project scope. The Scope of Work shall be divided into the following tasks and their corresponding percentage will be used to estabhsh the cost for each. Schematic Design Design Development Construction Design Bidding/Permitting Construction Adrnin. Total 15% $115,800 20% To Be Determined 40% To Be Determined 5% To Be Determined 20% To Be Determined 100% To Be Determined The Contractor will provide the scope of services as described in Exhibit "G" for a fee as outlined below. Basic Services Schematic Design 15% Subtotal for this Phase Fixed Fee $115,800.00 $115,800.00 Reimbursable Expenses (Estimated Budgets) Expenses Geotechnical Subtotal (not to exceeded) Total $24,200.00 ,$10,9oo. oo $150,900.00 Schedule The Contractor will provide the services outlined in Schematic Design in accordance with the time frame outlined below. Deliverables Survey Update Coordination Schematic Design Schedule 6 weeks after notice to proceed 8 weeks after receipt of survey \UGCDE_FSkL[BRARYk1998\980465kAGMT~Burkhardt Construction Inc Agreement(Revised 6-25-03).doc 51 Memo To: From: Subject: Date: CRA Board Doug Hutchinson - Executive Director Boynton Beach Boulevard Project Representative September 3, 2003 The attached is a project representative contract which was proposed by Jonathan T. Ricketts, Inc., and has been revised by Legal Council. The representative oversees the contract work provided by Burkhardt Construction for the Boynton Beach Boulevard project. The representative officially represents the CRA"S interest to ensure that Burkhardt Construction is following the Contract between the CRA and Burkhardt Construction and to advise the CRA on whether payment should be made because the work produced by Burkhardt Construction does in fact comply with the requirements of the Contract. 3425 September 9, 2003 Mr. Douglas Hutchinson, Director Boynton Beach Community Redevelopment Agency 639 E. Ocean Ave, Suite 107 Boynton Beach, FL 33435 Boynton Beach Boulevard Extension Promenade and Marine Boardwalk - Owner's Agent Services BBB 2003-1 Dear Mr. Hutchinson: Thank you for the opportunity to provide you with this proposal for the Owner's agent services for the above referenced project. The scope of work shown below is based on the work to be done at the Boynton Beach Boulevard Extension during the design development stage as currently proposed by the design/build team of Burkhardt Construction and Kimley-Hom. The estimated fee is provided as a not to exceed amount and is based on 12-16 weeks of service. Jonathan T. Ricketts, Inc., will be available to perform items listed in the Scope of Work and any additional tasks authorized by the Boynton Beach Community Redevelopment Agency (CRA). Billing will be based on actual services provided. Scope of Work: Desi~n~ Development Phase During the design development phase, on an as-needed basis, we will provide the Community Redevelopment Agency with the following services: Representing the CRA by attending key meetings with local governing agencies to provide input when requested by CRA. Providing representation and input when multiple agencies have conflicting design criteria. 2. Attending CRA meetings to provide updates and meet with the Director and others at other times, when requested by CRA Executive Director or Board. 3. Review documents provided by the design/build team to verify general conformance with the Contract between the CRA and Burkhardt Construction. Mr. Douglas Hutchinson September 9, 2003 Page 2 4. Assisting, as needed, the CRA staff on issues related to design, permitting, and ease of construction. Design Phase Monitoring the progress of the design/build team, reviewing their design for general conformance with the Contract between the CRA and Burkhardt Construction, and reviewing their invoices for approval or approval with changes. FEE TO BE DETERMINED Construction Phase Observe and advise the CRA Executive Director of the progress of the design/build team and to verify that the construction and the work of Burkhardt Construction is in general compliance with the Contract between the CRA and Burkhardt Construction. Review requests or invoices for payment and requests for change orders and advise CRA on whether payment should be approved or approved with changes. FEE TO BE DETERMINED If you are in agreement with the above scope of work, the estimate of fees shown and the supplemental conditions as shown herein, please sign where indicated. This agreement will become effective upon receipt by our offices of a signed proposal. JONATHAN T. RICKETTS, INC. BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY Jonathan Ricketts President Date: Larry Finkelstein, Chairman Douglas Hutchinson, Executive Director Director Date: Mr. Douglas Hutchinson September 9, 2003 Page 3 SUPPLEMENTAL CONDITIONS: GENERAL mo Certain separate and independent consultants and/or professionals such as attomeys, architects, biologists, quality assurance professionals, surveyors, structural engineers, geotechnical exploration professionals, hydrogeology testing professionals, aerial photography professionals, or other professionals, whose scope of expertise would not come within the services Jonathan T. Ricketts, Inc., has agreed to perform pursuant to this contract, may be required to complete the work proposed by the Boynton Beach Community Redevelopment Agency (CRA). If such professionals are so employed to perform services for the CRA, with prior approval, the CRA agrees to hire said profes- sionals directly, or with Jonathan T. Ricketts, Inc., as its designated and approved agent, and the CRA shall pay for all charges of said professionals. Such outside professionals are not to be considered as being employees or under contract with Jonathan T. Ricketts, Inc. PAYMENT Billing will be submitted to the client monthly, and will be based on the hours worked or a percentage completed basis, as stated herein. Additional work outside of the scope shown, shall be approved in writing, in advance, and shall be billed as additional work in accordance with the rates shown on Exhibit "A". Any payment received after thirty days fi.om the date of the invoice shall incur interest at the rate of one (1%) percent per month (12% annually) from the first of each month. Non-payment of any monthly invoice due and owing greater than thirty (30) days shall be good cause for Jonathan T. Ricketts, Inc., to cease all work on said projects. It is agreed between the parties that city, county, state, or federal authorities may enact new or revise existing governmental regulations. Any and all additional work necessary and required to comply with these new or revised governmental regulations which create additional work for Jonathan T. Ricketts, Inc., shall be performed by Jonathan T. Ricketts, Inc., in a professional manner pursuant to the terms of this contract, as extra and additional work to be billed on an hourly rate. Mr. Douglas Hutchinson September 9, 2003 Page 4 Only those services specifically identified within the scope of work shall be included. Other services may be added with written agreement between both parties. MISCELLANEOUS mo The parties agree that Jonathan T. Ricketts, Inc., shall not be responsible for the compliance of the project with all safety ordinances and/or regulations, inspection of the ways, means, or sequence of construction. The CRA agrees that Jonathan T. Ricketts, Inc., shall have no responsibility for the above and shall not be liable to any third parties, including governmental agencies, for the failure of the project to comply with the above. Each party in the event of litigation waives thai by jury and agrees to non-jury thai by the court. Either party may terminate this agreement with written notice to the other. Upon written termination by either party, all parties shall be relieved fi.om any further work or duties hereunder, except that the CRA shall be and remain responsible for fees and expenses incurred up through the date of termination. INSURANCE JONATHAN T. RICKETTS, INC. shall, on a primary basis and at its sole expense, agree to maintain at all times during the period of design and construction, insurance coverages, limits, including endorsements, as described herein. The requirements contained herein, as well as CRA's review or acceptance of insurance maintained by JONATHAN T. RICKETTS, INC., are not intended to and shall not in any manner limit or qualify the liabilities and obligations assumed by JONATHAN T. RICKETTS, INC., under the Agreement. Liability & Additional Insured - JONATHAN T. RICKETTS, INC., shall maintain Commercial General Liability and Business Auto Liability at limits not less than $500,000 per occurrence. JONATHAN T. RICKETTS, INC., further agrees to endorse Community Redevelopment Agency as an "Additional Insured" to the Commercial General Liability, but only with respect to negligence other than CRA's negligence arising out of this Agreement. Worker's Compensation & Employer's Liability - JONATHAN T. RICKETTS, INC., agrees to maintain, Worker's Compensation & Employer's Liability insurance in accordance with Florida Statute, Chapter 440. Mr. Douglas Hutchinson September 9, 2003 Page 5 Certificate of Insurance - JONATHAN T. RICKETTS, INC., agrees to provide a statement, or Certificate of Insurance, evidencing insurance for the above required coverages to the attention of CRA 639 E. Ocean Ave. Suite 107 Boynton Beach, F1 33435. INDEMNIFICATION (Limited not to exceed Five Hundred Thousand Dollars) Ao For and in consideration of good valuable and separate consideration (of 1% of the fee charged), the receipt and sufficiency of which is hereby acknowledged, The City of Boynton Beach Community Redevelopment hereby agrees to indemnify, save, and hold harmless Jonathan T. Ricketts, Inc., it's officers and employees from any and all liabilities and/or claims made by third parties, but with a monetary limitation on the extent of the indemnification not to exceed $500,000.00 including attorney's fees and costs. Jonathan T. Ricketts, Inc. shall give written notice by registered mail to the City of Boynton Beach Community Redevelopment of any act or occurrence involving a claim or demand indemnified against herein within 5 days of such claim or demand. EXHIBIT "A" PER DIEM RATE SCHEDULE (NON-CONTRACT ITEMS) CLASSIFICATION Computer Draftsman Engineer/civil or environmental design Planner Attendance at public meetings Court testimony (minimum $800) Secretary Field observation/coordination (for construction) Office Technician Mileage Prints Reimbursable expenses (photocopies, express mail, filing fees, etc.) RATE $55.00/hour $120.00/hour $110.00/hour $150.00/hour $200.O0/hour $30.00/hour $55.00/hour $35.00/hour $0.30/mile $0.50/square foot Cost + 10% \xJGCDE_FS~LIBRARYX1998\980465~AGMT~Extension Promenade and Mar/ne Boardwalk.doc September 3, 2003 Mr. Douglas Hutchinson, Director Boynton Beach Community Redevelopment Agency 639 E. Ocean Ave, Suite 107 Boynton Beach, FL 33435 Boynton Beach Boulevard Extension Promenade and Marine Boardwalk - Owner's Agent Services BBB 2003-1 Dear Mr. Hutchinson: Thank you for the opportunity to provide you with this proposal for the Owner's agent services for the above referenced project. The scope of work shown below is based on the work to be done at the Boynton Beach Boulevard Extension during the design development stage as currently proposed by the design/build team of Burkhardt Construction and Kimley-Hom. The estimated fee is provided as a not to exceed amount and is based on 12-16 weeks of service. Jonathan T. Ricketts, Inc., will be available to perform items listed in the Scope of Work and any additional tasks authorized by the Boynton Beach Community Redevelopment Agency (CRA). Billing will be based on actual services provided. Scope of Work During the design development phase, on an as-needed basis, we will provide the Community Redevelopment Agency with the following services: Representing the CRA by attending key meetings with local governing agencies to provide input when requested by CRA. Providing representation and input when multiple agencies have conflicting design criteria. 2. Attending CRA meetings to provide updates and meet with the Director and others at other times, when requested by CRA Executive Director or Board. 3. Review documents provided by the design/build team to assure they are consistent with the Contract between the CRA and Burkhardt Construction. 4. Assisting, as needed, the CRA staff on issues related to design, permitting, and ease of construction. 3426 Mr. Douglas Hutchinson September 4, 2003 Page 2 Design Phase Monitoring the progress of the design/build team, reviewing their design for conformance with the Contract between the CRA and Burkhardt Construction, and reviewing their invoices for approval or approval with changes. Construction Phase o Inspect and advise the CRA Executive Director of the progress of the design/build team and to ensure that the construction and the work of Burkhardt Construction is in compliance with the Contract between the CRA and Burkhardt Construction. Review requests or invoices for payment and requests for change orders and advise CRA on whether payment should be approved or approved with changes. Total not to exceed fee, based on hourly services $31,000.00 If you are in agreement with the above scope of work, the estimate of fees shown and the supplemental conditions as shown herein, please sign where indicated. This agreement will become effective upon receipt by our offices of a signed proposal. JONATHAN T. RICKETTS, INC. BOYNTONBEACH COMMUNITY REDEVELOPMENT AGENCY Jonathan Ricketts President Date: Larry Finkelstein, Chairman Douglas Hutchinson, Executive Director Director Date: 3427 SUPPLEMENTAL CONDITIONS: GENERAL Certain separate and independent consultants and/or professionals such as attomeys, architects, biologists, quality assurance professionals, surveyors, structural engineers, geotechnical exploration professionals, hydrogeology testing professionals, aerial photography professionals, or other professionals, whose scope of expertise would not come within the services Jonathan T. Ricketts, Inc., has agreed to perform pursuant to this contract, may be required to complete the work proposed by the Boynton Beach Community Redevelopment Agency (CRA). If such professionals are so employed to perform services for the CRA, with prior approval, the CRA agrees to hire said profes- sionals directly, or with Jonathan T. Ricketts, Inc., as its designated and approved agent, and the CRA shall pay for all charges of said professionals. Such outside professionals are not to be considered as being employees or under contract with Jonathan T. Ricketts, Inc. PAYMENT Billing will be submitted to the client monthly, and will be based on the hours worked or a percentage completed basis, as stated herein. Additional work outside of the scope shown, shall be approved in writing, in advance, and shall be billed as additional work in accordance with the rates shown on Exhibit "A". Bo Any payment received after thirty days fi:om the date of the invoice shall incur interest at the rate of one (1%) percent per month (12% annually) from the first of each month. Co Non-payment of any monthly invoice due and owing greater than thirty (30) days shall be good cause for Jonathan T. Ricketts, Inc., to cease all work on said projects. It is agreed between the parties that city, county, state, or federal authorities may enact new or revise existing govemmental regulations. Any and all additional work necessary and required to comply with these new or revised governmental regulations Which create additional work for Jonathan T. Ricketts, Inc., shall be performed by Jonathan T. Ricketts, Inc., in a professional manner pursuant to the terms of this contract, as extra and additional work to be billed on an hourly rate. Only those services specifically identified within the scope of work shall be included. Other services may be added with written agreement between both parties. MISCELLANEOUS mo The parties agree that Jonathan T. Ricketts, Inc., shall not be responsible for the compliance of the project with all safety ordinances and/or regulations, inspection of the ways, means, or sequence of construction. The CRA agrees that Jonathan T. Ricketts, Inc., shall have no responsibility for the above and shall not be liable to any third parties, including 3428 governmental agencies, for the failure of the project to comply with the above. Each party in the event of litigation waives trial by jury and agrees to non-jury trial by the court. Co Either party may terminate this agreement with written notice to the other. Upon written termination by either party, all parties shall be relieved fi.om any further work or duties hereunder, except that the CRA shall be and remain responsible for fees and expenses incurred up through the date of termination. INSURANCE JONATHAN T. RICKETTS, INC. shall, on a primary basis and at its sole expense, agree to maintain at all times during the life of this Agreement, insurance coverages, limits, including endorsements, as described herein. The requirements contained herein, as well as CRA's review or acceptance of insurance maintained by JONATHAN T. RICKETTS, INC., are not intended to and shall not in any manner limit or qualify the liabilities and obligations assumed by JONATHAN T. RICKETTS, INC., under the Agreement. Ao Liability & Additional Insured - JONATHAN T. RICKETTS, INC., shall maintain Commercial General Liability and Business Auto Liability at limits not less than $500,000 per occurrence. JONATHAN T. RICKETTS, INC., further agrees to endorse Community Redevelopment Agency as an "Additional Insured" to the Commercial General Liability, but only with respect to negligence other than CRA's negligence arising out of this Agreement. Worker's Compensation & Employer's Liability - JONATHAN T. RICKETTS, INC., agrees to maintain, Worker's Compensation & Employer's Liability insurance in accordance with Florida Statute, Chapter 440. Co Certificate of Insurance - JONATHAN T. RICKETTS, INC., agrees to provide a statement, or Certificate of Insurance, evidencing insurance for the above required coverages to the attention of CRA 639 E. Ocean Ave. Suite 107 Boynton Beach, F1 33435. 3429 EXHIBIT "A" PER DIEM RATE SCHEDULE (NON-CONTRACT ITEMS) CLASSIFICATION Computer Draftsman Engineer/civil or environmental design Planner $110.00/hour Attendance at public meetings Court testimony (minimum $800) Secretary Field observation/coordination (for construction) Office Technician Mileage Prints Reimbursable expenses (photocopies, express mail, filing fees, etc.) RATE $55.00/hour $120.00/hour $150.O0/hour $200.O0/hour $30.O0/hour $ 5 5. 00/hour $35.00/hour $0.30/mile $0.50/square foot Cost + 10% \xJGCDE_FSXLIBRARYM 998\980465XAGMT~Extension Promenade and Marine Boardwalk.doc MEMO TO: CRA Board FROM: Susan Vielhauer SUBJECT: Approval of the CRA Executive Director Contract. DATE: September 2, 2003 Staff is presenting for consideration the contract for Douglas C. Hutchinson, CRA Executive Director. This contract has been revised by Legal Staff to include the changes agreed upon at the July 17, 2003 CRA Board Meeting. The CRA Executive Director has had one on one-evaluation meetings with CRA Board members. These results have been complied and presented to the CRA Board Chair. The CRA Board Chair may have comments for the record in regards to the evaluation and salary negotiation results. Note that the CRA Executive Director's contract needs to include an annual salary amount. 3430 EM PLOYM ENT CONTRACT THIS CONTRACT is entered into Redevelopment Agency, hereinafter HUTCHINSON. between the Boynton Beach Community referred to as "CRA", and DOUGLAS C. RECITALS The CRA and DOUGLAS C. HUTCHINSON acknowledge the following as the basis for this contract: A. The CRA is desirous of retaining the services of DOUGLAS C. HUTCHINSON to serve as the Executive Director of the CRA and DOUGLAS C. HUTCHINSON agrees to provide said service. B. In selecting DOUGLAS C. HUTCHINSON to be the Executive Director of the CRA, the CRA has relied on all information and materials appearing on or furnished in connection with his application for that position, including representations made in oral interviews. DOUGLAS C. HUTCHINSON represents that all such information and materials are accurate, complete and authentic and that he is qualified and has the expertise to serve as the Executive Director of the CRA and that the performance of such duties are specialized in nature. C. The CRA and DOUGLAS C. HUTCHINSON wish to reduce their agreements to writing in order to describe their relationship with each other and to provide a basis for effective communication between them as they fulfill their respective governance and administrative functions in the operation of the CRA. D. The position of Executive Director is a contractual position controlled by the terms hereof. TERMS~ CONDITIONS AND CONVENANTS Accordingly, based upon the forgoing premises and in consideration of the mutual covenants contained in this Contract, the CRA and DOUGLAS C. HUTCHINSON agree as follows: ARTICLE 1 Agreement for Services 1.1 The CRA hereby contracts with DOUGLAS C. HUTCHINSON to serve as Executive Director of the CRA and DOUGLAS C. HUTCHINSON hereby agrees to provide the services as hereinafter set forth. 3431 1.2 DOUGLAS C. HUTCHINSON is an at will employee of the CRA. By acceptance of the Contract, DOUGLAS C. HUTCHINSON acknowledges that there has been no representation or promise, expressed or implied fixing the term of this appointment, except as provided for herein. The Human Resources Policy and Procedures Manual does not apply hereto except as specifically referenced herein and the following Articles shall specifically apply: 1-2, 1-4, 1-5, 3-3, 5-4, 5-6, 6-1, 6-2, 6-3, 6-4, 6-5, 6-6, 6-7, 6-8, 6-9, 6-10 and 6-11. ARTICLE 2 Duties and Obligations 2.1 Principal Duties and Obligations. Subject to the CRA Board direction and supervision for the overall operation of the CRA, DOUGLAS C. HUTCHINSON shall: 2.1.1 be the Executive Director of the CRA and is responsible for all activities associated with the CRA. Some of those responsibilities are as set forth (Exhibit "A") in the CRA Executive Director Job Description. 2.2 Manner of Performance. Except as otherwise expressly provided by the Contract, DOUGLAS C. HUTCHINSON shall at all times: 2.2.1 devote all his time, attention, knowledge and skill solely and exclusively to the business and interest of the CRA during normal working hours and at CRA related events after normal business hours; 2.2.2 perform his duties and obligations faithfully, industriously and to the best of his ability; 2.2.3 disclose all employment to the CRA Board and not engage in any conflicting outside employment except with prior written permission of the CRA Board; 2.2.4 keep the CRA Board fully informed in advance of all travel and activities that take him out of the office for more than a day at a time. 3432 Page 2 of 13 3.1 3.1 ARTICLE 3 Annual Performance Goals and Evaluation The CRA shall review and evaluate the performance of DOUGLAS C. HUTCHINSON at least once annually no later than forty-five (45) days prior to end of the term of each year of this Agreement. The review and evaluation shall be in accordance with performance criteria developed by the CRA, and such criteria must be provided to DOUGLAS C. HUTCHINSON in advance of the commencement of the period of evaluation. The criteria may be added to or deleted from as the CRA may from time to time determine, except that DOUGLAS C. HUTCHINSON shall not be evaluated for his work if no performance criteria has been established. Further, the CRA shall provide DOUGLAS C. HUTCHINSON with a summary written statement of the evaluation and provide an adequate opportunity for DOUGLAS C. HUTCHINSON to discuss his evaluation with the CRA. 3.2 Periodically, the CRA and DOUGLAS C. HUTCHINSON shall define such goals and performance objectives that they determine necessary for the proper operation of the CRA in attainment of the objectives and shall further establish a relative priority among those various goals and objectives, which shall be reduced to writing. ARTICLE 4 4.1 4.2 4.3 Compensation and Benefits Compensation reviews are not subject to any specific formula applicable to other CRA personnel. Wage adjustments shall be at the sole discretion of the CRA and are subject to the appropriation of funds by the CRA. Base Salary. The CRA shall pay DOUGLAS C. HUTCHINSON an annual compensation of dollars ($ .00) for all services performed, payable in equal installments at the same time as the CRA employees are paid. Benefits. The CRA agrees DOUGLAS C. HUTCHINSON may participate and have the following benefits as set forth in the most current Human Resources Policy and Procedure Manual, Section 6 that applies to the CRA employees; i.e., retirement, health insurance, disability insurance, life insurance, holidays, sick leave, compassionate leave and vacation leave. 3433 Page 3 of 13 4.4 4.5 4.6 Business Expenses. The CRA agrees to reimburse DOUGLAS C. HUTCHINSON for out of pocket expenses made on behalf of the CRA and approved by the CRA Board Automobile Expenses. The CRA agrees to pay DOUGLAS C. HUTCHINSON Three Thousand Six Hundred Dollars ($3,600.00) per year payable in equal installments at the same time as the CRA employees are paid. Additional Benefits. The CRA Board may, in its sole discretion, reimburse DOUGLAS C. HUTCHINSON for membership fees in various organizations and for subscriptions to various related publications which remain the property of the CRA. 5.1 6.1 ARTICLE 5 Duration of Contract This Agreement shall be for a term of one (1) year, but may be automatically renewed until replaced or superceded by subsequent Contract(s) of Employment to provide continuity of employment for operations, insurance and benefits, unless terminated earlier in accordance with Article 7. The term of the Contract shall begin on June 1st, 2003. ARTICLE 6 Indemnification and Reimbursement The CRA Shall: 6.1.1 defend and indemnify DOUGLAS C. HUTCHINSON against all claims and action, civil or criminal, provided that claims or actions arise out of and in the course of the performance of his duties and responsibilities pursuant to this Contract; 6.1.2 pay any judgment that may be entered against DOUGLAS C. HUTCHINSON in a civil action arising out of and in the course of the performance of his duties and responsibilities pursuant to this Contract, except a judgment based on intentional wrongdoing or willful neglect by DOUGLAS C. HUTCHINSON; 6.1.3 the CRA reserves the rights to select, appoint, retain or discharge legal counsel necessary to provide the foregoing defense. 3434 Page 4 of 13 7.1 7.2 ARTICLE 7 Termination of Contract Events of Termination. This Contract shall terminate immediately, if, and when, DOUGLAS C. HUTCHINSON becomes a non-contract employee of the CRA. This Contract shall terminate: 7.1.1 7.1.2 at any time by the mutual agreement of DOUGLAS C. HUTCHINSON and the CRA; by unilateral termination of DOUGLAS C. HUTCHINSON's contract for the position; DOUGLAS C. HUTCHINSON serves at the pleasure of the CRA and may be terminated by the CRA Board, without cause, upon forty-five (45) days written notice to DOUGLAS C. HUTCHINSON. However, the CRA Board of Directors may, if it is deemed in the best interest of the CRA, relieve DOUGLAS C. HUTCHINSON from his duties immediately; 7.1.3 by the resignation of DOUGLAS C. HUTCHINSON. DOUGLAS C. HUTCHINSON may terminate this Employment Contract without cause upon written notice to CRA. A resignation shall be submitted in writing and shall provide for an actual resignation date no later than fourteen (14) days following the date of notice of resignation, unless the CRA and DOUGLAS C. HUTCHINSON mutually agree to another number of days; 7.1.4 upon DOUGLAS C. HUTCHINSON'S sustained inability for all or substantially all of one hundred and six (106) calendar days to perform his duties and obligations pursuant to this Contract as a result of physical or mental illness or condition. This inability may be verified at the CRA's expense (to the extent not covered by applicable medical insurance maintained by the CRA) by a licensed physician mutually agreed upon by DOUGLAS C. HUTCHINSON and the CRA, provided that state or federal law or regulations would not preclude or prohibit DOUGLAS C. HUTCHINSON separation under the condition. In the event the parties are unable to mutually agree on a physician within ten (10) days of a request for selection, the examining physician will be selected solely by the CRA; 7.1.5 upon the death of DOUGLAS C. HUTCHINSON; Rights and Obligations Upon Termination by Mutual Agreement. If Contract terminates upon mutual agreement of the parties, DOUGLAS HUTCHINSON shall be entitled to: 3435 Page 5 of 13 this C. 7.2.1 7.2.2 7.2.3 7.2.4 7.2.5 7.2.6 7.2.7 base salary for services performed to the effective date of the termination plus a payment of ninety (90) days pay, payable upon contract termination agreement, calculated as follows: Employee's annual base salary shall be divided by three hundred sixty-five (365) days and that sum shall be multiplied by ninety (90) days, less customary withholding; reimbursement of as-yet unreimbursed expenses pursuant to this Contract; any amount for accrued and unused vacation leave, not to exceed the maximum number of days set forth in the most current Human Resources Policy and Procedure Manual; any amount for accrued and unused sick leave, not to exceed the maximum number of days set forth in the most current Human Resources Policy and Procedure Manual; any life and / or disability benefits if applicable; the tOtal accrued retirement as provided for in the most current Human Resources Policy and Procedure Manual; automatic vesting of all CRA matching retirement to date of termination. 7.3 Rights and Obligations upon Unilateral Termination by the CRA. Unilateral termination shall be in writing, signed by the CRA and need not reflect performance related reasons. If this Contract is terminated by unilateral action of the CRA, DOUGLAS C. HUTCHINSON shall be entitled only to the following; unless it is determined that DOUGLAS C. HUTCHINSON is guilty of misconduct or gross neglect of duty or is charged with a crime and in that case he shall be compensated only for actual time worked: 7.3.1 if given forty-five (45) days notice or less, such as immediately set forth below; base salary for services provided to the effective date of the termination plus one hundred twenty (120) days pay, payable upon termination notice by the CRA, calculated as follows: Employee's annual base salary shall be divided by three hundred sixty-five (365) days and that sum shall be multiplied by one hundred twenty (120) days, less customary withholding; if dismissed immediately; base salary for services provided to the effective date of the termination plus one hundred fifty(150) days pay, payable upon termination notice by the CRA, calculated as follows: Employee's annual base salary shall be divided by three hundred sixty-five (365) days and that Page 6 of 13 3436 7.3.2 7.3.3 7.3.4 7.3.5 7.3.6 7.3,7 sum shall be multiplied by one hundred fifty(150) days, less customary withholding; reimbursement of as-yet unreimbursed expenses pursuant to this Contract; any amount for accrued and unused vacation leave, not to exceed the maximum number of days set forth in the most current Human Resources Policy and Procedure Manual; any amount for accrued and unused sick leave, not to exceed the maximum number of days set forth in the most current Human Resources Policy and Procedure Manual. any life and / or disability benefits if applicable; the total accrued retirement as provided for in the most current Human Resources Policy and Procedure Manual; automatic vesting of all CRA matching retirement to date of termination. 7.4 7.5 Rights and Obligations Upon Termination Due to Resignation. If this Contract terminates due to DOUGLAS C. HUTCHINSON'S resignation, DOUGLAS C. HUTCHINSON shall be entitled only to the following compensation and benefits: 7.4.1 the base salary through the last day that the DOUGLAS C. HUTCHINSON performed services to or on behalf of the CRA; 7.4.2 reimbursement of as-yet unreimbursed expenses pursuant to this Contract; 7.4.3 7.4.4 any amount for accrued and unused vacation leave, not to exceed the maximum number of days set forth in the most current Human Resources Policy and Procedure Manual; any amount for accrued and unused sick leave, not to exceed the maximum number of days set forth in the most current Human Resources Policy and Procedure Manual; 7.4.5 7.4.6 any life and / or disability benefits if applicable; the total accrued retirement as provided for in the most current Human Resources Policy and Procedure Manual. Rights and Obligations Upon Termination Due to Disability or Death. If this Contract terminates due to DOUGLAS C. HUTCHINSON'S physical disability or Page 7 of 13 3437 death, DOUGLAS C. HUTCHINSON'S or his guardian or personal representative shall be entitled only to the following compensation and benefits: 7.5.1 the base salary through the last day that the DOUGLAS C. HUTCHINSON performed services to or on behalf of the CRA; 7.5.2 7.5.3 reimbursement of as-yet unreimbursed expenses pursuant to this Contract; any amount for accrued and unused vacation leave, not to exceed the maximum number of days set forth in the most current Human Resources Policy and Procedure Manual; 7.5.4 any amount for accrued and unused sick leave, not to exceed the maximum number of days set forth in the most current Human Resources Policy and Procedure Manual; 7.5.5 any life and / or disability benefits if applicable; 7.5.6 the total accrued retirement as provided for in the most current Human Resources Policy and Procedure Manual. ARTICLE 8 Modification or Amendment of Contract 8.1 9.1 Modification and Amendment. No modification of or amendment of this Contract shall be valid unless reduced to writing and signed by both parties. ARTICLE 9 Waiver 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. 3438 Page 8 of 13 10.1 ARTICLE lq Applicability to Successors. This Contract shall be binding on and inure to the benefit of: 10.1.1 10.1.2 DOUGLAS C. HUTCHINSON heirs and personal representatives; and the CRA regardless of changes in the persons holding office as members of the CRA. ARTICLE 11 Non-Assi_(lnability and Subcontracting 11.1 11.2 12.1 13.1 This Contract is not assignable. DOUGLAS C. HUTCHINSON shall not subcontract any portion of the work of this Contract without the prior written approval of the CRA Board. ARTICLE 12 Severability of Provisions 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 prohibitions or invalidity without invalidating the remaining provisions of this Contract or their application to other parties or circumstances. ARTICLE 13 Governin.q Law and Venue. 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 in State Court and in the Southern District Court of Florida in Federal Court. 3439 Page 9 of 13 14.1 14.2 14.3 15.1 15.2 ARTICLE 14 Inte_~ration of All Agreements and Understandings This Contract contains the entire agreement between the CRA and DOUGLAS C. HUTCHINSON. All prior agreements and understanding, whether written or oral, pertaining to this Contract with DOUGLAS C. HUTCHINSON are fully abrogated and of no further force and effect from and after the date of the Contract. Regardless of which party or party's counsel prepared the original draft and subsequent revisions of this Contract, DOUGLAS C. HUTCHINSON and the CRA and their respective counsel have had equal opportunity to contribute to and have contributed to its contents, and this Contracts shall not be deemed to be the products of and, therefore, construed against either of them. The omission from the 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 15 Execution of Contract This Contract may be executed in duplicate or in counter parts, 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. Notice 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 return 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 Page 10 of 13 3440 they shall have been changed by written notice in compliance wit the provisions of this section. For the present the CRA and DOUGLAS C. HUTCHINSON designate the following as the respective places for giving of notice: CRA: Boynton Beach Community Redevelopment Agency Attention: CRA Chairman 639 East Ocean Ave., Suite #107 Boynton Beach, Florida 33435 Telephone: (561) 737-3256 Facsimile: (561) 737-3258 COPY TO: Lindsey A. Payne, Esquire Goren, Cherof, Doody & Ezrol, P.A. 3099 East Commercial Boulevard, Suite 200 Fort Lauderdale, Florida 33308 Telephone: (954) 771-4500 Facsimile: (954) 771-4923 EMPLOYEE: Douglas C. Hutchinson 9480 South Military Trail, Unit 4 D Boynton Beach, Florida 33436 Telephone: (561) 734-7762 EXECUTED on the respective dates set forth below. DOUGLAS C. HUTCHINSON: BY: Douglas C Hutchinson Dated: BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY: BY: CHAIRMAN Dated: 3441 Page 11 of 13 EXHIBIT A COMMUNITY REDEVELOPMENT AGENCY CITY OF BOYNTON BEACH, FLORIDA Classification Description CLASSIFICATION TITLE: Community Redevelopment Executive Director Exempt Contract Position WORK OBJECTIVE This is highly visible and responsible administrative and operational position managing and directing the Community Redevelopment Agency programs which are established under Chapter 163 of the Florida State Statutes. An employee in this classification is responsible for planning, initiating and directing programs and projects for the physical and economic improvement and redevelopment of the designated community. Responsibilities include organizing, assigning, directing and reviewing the activities of professional, technical and administrative support personnel engaged in the compilation, analysis and interpretation of data. Such work shall lead to the preparation of reports and recommendations effecting community planning and redevelopment. Work is performed under the general direction of the City of Boynton Beach Community Redevelopment Agency Board (CRA Board). The employee serves as the primary staff liaison to the office of the City Manager for the City of Boynton Beach. The position has considerable latitude for independent judgment, initiative and is reviewed by observation of results achieved, periodic conferences and reports. ESSENTIAL FUNCTIONS Provided herein is a general description of duties that may be assigned. The CRA Board reserves the right to establish, assign, reassign and redistribute work to meet business needs. The statements herein do not preclude the CRA Board from assigning other duties similar in nature, complexity and responsibility to the position within this classification. · Plans, organizes, assigns, directs and reviews the activities of professional, technical and clerical personnel engaged in the compilation, analysis and interpretation of data and preparation of reports and recommendations affecting community planning and redevelopment. · Oversees the preparation of the CRA Redevelopment Plans and its implementation. · Selects, assigns, trains and evaluates staff. · Administers consultant agreements for services provided to the CRA. · Serves as an in-house consultant and represents the CRA in dealing with other agencies with respect to related matters. Prepares reports and studies at the direction of the CRA Board. Page 12 of 13 3442 · Negotiates the acquisition and disposition of real estate for the CRA as well as manages the commercial and residential real estate assets held as and when directed by the CRA Board. · Directs processes and procedures into workable projects through the preparation of objectives, descriptions, budgets, work programs, reports and contract materials. · Directs the identification, review, analysis and cataloging of potential funding sources and serves as administrator coordinating application and administration of the process. · Oversees the preparation of the annual operating budget and capital plan for presentation and approval by CRA Board. · Approves budgetary requests and reviews all financial reports prepared by the controller. · Represents the CRA on matters within the scope of Community Redevelopment Agency activities. · Conducts public relations activities to promote CRA programs and projects. KNOWLEDGE, SKILLS, AND ABILITITLES · Extensive knowledge of the principles, methods and practices of urban planning and redevelopment. · Extensive knowledge of federal, state and municipal legislation impacting municipal government enforcement regulations. · Extensive knowledge of management and supervisory principles and techniques, research and design methodologies and report preparation. · Knowledge of laws and ordinances affecting redevelopment processes. · Knowledge of economics, public finance, capital programming and other fields applied in Redevelopment Service related functions. · Ability to present technical information clearly, concisely and in an compelling manner both orally and in writing to lay groups, the general public, City management and the CRA Board. · Ability to establish and maintain effective working relationships with employees, City and government officials, community leaders and the general public. · Ability to identify strengths and weaknesses in subordinates and provide coaching in the development of their skills while establishing a positive atmosphere, which provides challenge and encouragement. · Ability to translate CRA Board direction into effective administration and implementation of CRA redevelopment requirements. · Skill in empowering others with the authority necessary to accomplish their objectives. · Strong customer service skills, including both internal and external customers. H:\1998\980465\AGMT~HutchinsonEmploymentC°ntractRevised7'6'03)'d°c Page 13 of 13 3443 0 0 .ICC t- r- t'-- r- 'l:J 'l:J ~ UJ Community Redevelopment Agency Pay Plan 2002-2003 Job Title Contract .Exempt Annual Annual Position Non-Exempt Minimum Midpoint CRA Director Yes Exempt $80,000 $95,000 AssiStant Director Yes Exempt $55,000 $63,750 Controller No Exempt $40,000 $48,750 Administrative Assistant No Exempt $33,500 $40,500 Secretary No Non-Exempt $18,000 $25,250 Annual Maximum $110,000 $72,500 $57,500 $47,500 $32,500 Non-exempt positions will be defined by the CRA Executive Director as needed and approved according to the hiring process of the CRA. 7 MEMO TO: CRA Board FROM: SUBJECT: Douglas Hutchinson ~ Approval of 2003-2004 Budget DATE: September 3, 2003 The CRA Board at the July 24, 2003 Workshop reviewed the Draft CRA 2003-2004 Budget. The CRA Board gave direction for changes to the Draft Budget, which included the High School Project and Office Leasehold Improvement budget category adjustments as well as grammar and spelling corrections. The CRA Executive Director has met with the CRA Board members on the proposed Police and Trolley Pilot programs. After further information briefing with CRA Board members, it is proposed that each project be looked at on a trial contract basis only and the programs will not .be automatically renewed. An evaluation will be completed on each project's cost, success and benefits to the CRA and the Public. Future funding would be considered in light of the performance of each pilot contract program based upon their evaluation. CRA Staff would like the CRA Board to reconsider the recommendations for the Pilot programs. Staff is recommending the approval of the 2003-2004 Budget by resolution, which is in accordance with Florida Statues section 189.418. 3444 3446 3447 3448 City of Boynton Beach Community Redevelopment Agency Budget Workshop Projections 07/24/2O03 Please find attached the workshop draft of the CRA Budget for October 1, 2003 to September 30, 2004. Staff has proposed a five-year budget forecast with income and expense items as well as programs and projects. The programs are defined as proposed "Implementation Vision Programs" to upgrade the quality of development within the CRA Area. The following notes highlight all major items within the budget in an attempt to provide insight as to their origination and future destination. All budgeted items may be considered individually or as a group for discussion. Please review and give direction to staff. TIF Revenue: The Revenue is based upon actual tax appraiser's office 2003 values and the projections of projects coming on line between the years of 2003- 2008. The CRA TIF income is derived by two factors; first is the "New Construction" within the district. This is generated by new projects. The CRA captures the difference between the base evaluation 2002 and the new appraised value. These increments are generally depicted as "Projects". The second area of TIF revenue is generated from Real Estate appreciation in the CRA District. For 2003/2004 the appreciation is very substantial; 14.2% or $57,885,483.00 in tax base. Staff has discounted the tax collectors percentage to make allowance for exemptions and disputed adjustments; therefore we are projecting an 11% increase. Staff is forecasting a dropping appreciation rate for the five-year forecasts due to concerns about sustaining the appreciation increase in the future market place. Projects: Projects statuses are projects publically announced, in site plan approval, approved or permitted. Appreciation: Taking the entire tax base evaluation in the CRA from the previous year subtracted from the current tax evaluation generates the appreciation. Each taxing entity that contributed to the Boynton Beach CRA is listed separately. Note that the CRA receives 95% of the increment taxes from each. (See detailed Spread Sheet on page 4 of Excel) Recapture of TIF Loan Principle: The Arches will repay the principle on the proposed Incentive Loan give to the Arches. 3449 1 TIF Loan Interest: Interest paid by the Arches on the proposed TIF Loan figured at 2%. Interest Income on Reserves: Interest the CRA receives from investing reserve funds. Personnel: This budget category includes four positions, Executive Director, Administrative Assistant, Controller and Secretary with the Assistant Director scheduled to be added in 2006-2007. The attached spreadsheet includes salary, taxes, workers compensation, health insurance, life insurance and retirement for all positions for the years 2003-2008. Three of these positions are currently budgeted and advertisement has been placed for the Secretary Position. This year's budget reflects proposed salary adjustments of $8,000.00 Executive Director, $8,500.00 Controller, $8,000.00 Administrative Assistant and a new Secretary position of $20,000.00 Future years reflect a 3% average annual increase in wages. 345O 2 PERSONNEL 2003-2004 Director Controller Administrative Assistant Secretary Annual Employers Workers Health Life SEP 03-04 Salary FICA Comp Insurance Insurance IRA 7.5% $ 38.00 $ 350.00 $ 15.00 5% $ 96,000.00 $ 7,200.00 $ 456.00 $ 4,200.00 $ 180.00 $ 4800.00 $112,836.00 $ 48,500.00 $ 3,637.50 $ 456.00 $ 4,200.00 $ 180.00 $ 2,425.00 $ 59,348.50 $ 43,000.00 $ 3,225.00 $ 456.00 $ 4,200.00 $ 180.00 $ 2,150.00 $ 53,061.00 $ 20,000.00 $ 1,500.00 $ 456.00 $ 4,200.00 $ $ $ 26,156.00 Total PERSONNEL 2004-2005 Director Controller Administrative Assistant Secretary $207,500.00 $15,562.50 $ 1,824.00 $16,800.00 $ 540.00 $ 9,375.00 $251,601.50 Annual Employers Workers Health Life SEP 04.435 Salary FICA Comp Insurance Insurance IRA 7.5% $ 38.00 $ 381.50 $ 15.00 5% $ 98,880.00 $ 7,416.00 $ 456.00 $ 4,578.00 $ 180.00 $ 4,944.00 $116,454.00 $ 49,955.00 $ 3,746.63 $ 456.00 $ 4,578.00 $ 180.00 $ 2,497.75 $ 61,413.38 $ 44,290.00 $ 3,321.75 $ 456.00 $ 4,578.00 $ 180.00 $ 2,214.50 $ 55,040.25 $ 20,600.00 $ 1,545.00 $ 456.00 $ 4,578.00 $ 180.00 $ 1,030.00 $ 28,389.00 Total PERSONNEL 2005-2006 Director Controller Administrative Assistant Secretary $213,725.00 $16,029.38 $ 1,824.00 $18,312.00 $ 720.00 $10,686.25 $261,296.63 Annual Employers Workers Health Life SEP 05-06 Salary FICA Comp Insurance Insurance IRA 7.5% $ 40.00 $ 416.50 $ 15.00 5% $ 101,846.40 $ 7,638.48 $ 480.00 $ 4,998.00 $ 180.00 $ 5,092.32 $120,235.20 $ 51,453.65 $ 3,859.02 $ 480.00 $ 4,998.00 $ 180.00 $ 2,572.68 $ 63,543.36 $ 45,619.00 $ 3,421.43 $ 480.00 $ 4,998.00 $ 180.00 $ 2,280.95 $ 56,979.38 $ 24,218.00 $ 1,816.35 $ 480.00 $ 4,998.00 $ 180.00 $ 1,210.90 $ 32,903.25 Total PERSONNEL 2006-2007 Director Assistant Director Controller Administrative Assistant Secretary $ 223,137.05 $16,735.28 $ 1,920.00 $19,992.00 $ 720.00 $11,156.85 $273,661.18 Annual Employers Workers Health Life SEP 06-07 Salary FICA Comp Insurance Insurance IRA 7.5% $ 42.00 $ 454.00 $ 15.00 5% $ 104,901.79 $ 7,867.63 $ 504.00 $ 5,448.00 $ 180.00 $ 5,245.09 $124,146.52 $ 55,000.00 $ 4,125.00 $ 480.00 $ 4,998.00 $ $ $ 64,603.00 $ 52,997.26 $ 3,974.79 $ 504.00 $ 5,448.00 $ 180.00 $ 2,649.86 $ 65,753.92 $ 46,987.00 $ 3,524.03 $ 504.00 $ 5,448.00 $ 180.00 $ 2,349.35 $ 58,992.38 $ 24,944.54 $ 1,870.84 $ 504.00 $ 5,448.00 $ 180.00 $ 1,247.23 $ 34,194.61 Total PERSONNEL 2007-2008 DJ rector Assistant Director Controller Administrative Assistant Secretary $284,830.59 $21,362.29 $ 2,496.00 $26,790.00 $ 720.00 $11,491.53 $347,690.42 Annual Employers Workers Health Life SEP 07-08 Salary FICA Comp Insurance Insurance IRA 7.5% $ 42.00 $ 500.00 $ 15.00 5% $ 108,048.85 $ 8,103.66 $ 504.00 $ 6,000.00 $ 180.00 $ 5,402.44 $128,238.95 $ 56,650.00 $ 4,248.75 $ 504.00 $ 6,000.00 $ 180.00 $ 2,832.50 $ 70,415.25 $ 54,587.18 $ 4,094.04 $ 504.00 $ 6,000.00 $ 180.00 $ 2,729.36 $ 68,094.58 $ 48,397.00 $ 3,629.78 $ 504.00 $ 6,000.00 $ 180.00 $ 2,419.85 $ 61,130.63 $ 25,692.88 $ 1,926.97 $ 504.00 $ 6,000.00 $ 180.00 $ 1,284.64 $ 35,588.49 Total $293,375.91 $22,003.19 $ 2,520.00 $30,000.00 $ 900.00 $14,668.80 $363,467.89 3 3451 Professional Services.' The following services, studies, etc are proposed: Legal - The CRA is budgeting $44,000.00 for 2003-2004 Legal Services ba§ed upon the average of $3,337.00 per month. Legal Service spending. was an average of $3,717.00 per month for 7 months in 2002-2003. City Staff - The CRA has retained the services of the City Clerks Office for recording the minutes. The budget of $6,000.00 was based upon the average of $500.00 per month. The City Staff average for 2002-2003 was $500.00 per month for 5 months. Contractor Services - The CRA will retain contracted service for projects specified in the 2003-2004 Budget and projected projects for the 5-year budget. The following projects are set to start in 2003-2004: BBB Redevelopment Study Design Overlay Guidelines Downtown Parking Need Analysis Miscellaneous $ 36,000.00 $ 75,000.00 $ 35,000.00 $ 24,000.00 Boynton Beach Boulevard study is the completion of work started under the RPMK Contract in 2002-2003. The Design Overlay Guidelines in the completion of work started under the RPMK Contract in 2002-2003. Downtown Parking Needs Analysis: The CRA is proposed to secure surface parking for the general public and construct a potential parking deck for future growth in the CBD. The Parking Needs Study would be used to quantifiably define potential general public parking needs. Audit - The CRA will enter into a contact with an outside CPA firm for our Outside Audit in July 2003. This contract will carry forward for a period of three years with an extension of two years available. The base fee is projected at $5,900.00 for 2003, 2004 and 2005 with an extension for 2006 and 2007. Staff is also proposing to leave $1,600.00 in the event extra services are needed for year one and $2,600.00 for years two and three as needed. 3452 4 Maintenance and Cleaning - The category of Maintenance and Cleaning will include cleaning of the CRA offices, repair and maintenance of the equipment and offices. The maintenance and cleaning was calculated at: $150.00 per month x 12 Repair on Equipment Repair on Office Space Total $1,800.00 per year $ 500.00 per year $ 500.00 per year $2,800.00 IT Support - City's IT Department will provide for support, service and maintenance for our computer hardware, software and internet as per the approved 2003 contract. The budget for 2003-2004 contains: City of BB IT support Carillon Accounting Software Total $12,360.00 per year $ 1,000.00 per year $13,360.00 Office Lease / Utilities: The CRA is now leasing offices from Gene Moore with the office, conference area and workspace within the same room. The CRA is planning to move into new offices in Year Two with a projected lease space rate of $24.00 per square foot for 3,000 square feet for three years. The phone, electric, water, sewer and trash have been calculated with this move in future plans. Rent: Year 1 Rent& CAM $1,176.00 x 12 = $14,112.00 Year 2 move offices 3,000 Sq Ft. x $24 per Ft= $72,000.00 No increase years 3 through 5 Phone: Cell phones $100.00 x 12= T-1 line $230.00 x 12= Phones $300.00 x 12 - Total Phone 5% increase years 2 through 5 $1,2OO.OO $2,760.OO $3,600.00 $7,560.00 Electric: Electric average per month for 7 months of 2002-2003 = $156.25 Year 1 Electric $156.25 x 12 = $1,875.00 Year 2 double electric due to CRA move to new office space. 3453 5 Equipment Leases: The CRA is now leasing the copier and the postage machine. The contract on the copier is a three-year contract and the postage machine is a year-to-year contract. Copier $343.00 per month - three year lease ends 10/05 $ 4,117.00 Postage $19.95 per month - one year lease ends 06/04 $ 239.00 Total Equipment Lease $ 4,356.00 Projecting a $100.00 per month increase in copier starting 10/05 in increased usage. Insurance: The CRA's General Liability Insurance includes coverage for Activities, Festivals and Events. The property insurance covers the contents within the CRA office. The CRA also carries a Surety Bond and Professional Insurance for the CRA and employees. Property/General Liability $ 1,438.00 Surety Bond $ 350.00 Professional $ 3,900.00 Total Insurance $ 5,688.00 Insurance is calculated at 10% increase years two - five. Travel /Entertainment: Travel, Business Meetings and Work Shops- The CRA attends business meetings with Developers, Community Groups and Professional Organizations to promote the work of the CRA and the betterment of the City of Boynton Beach. Staff is projecting six CRA Board Workshops throughout the 2003-2004 year with one large meeting proposed to announce several projects within the same area. It is proposed that the CRA attend the Annual Florida Redevelopment Association Conference scheduled October 2003 in Tampa Florida. Staff and Board Members will attend the conference in order to increase and update their knowledge of redevelopment and emerging issues and trends in Florida. The Florida Government Financial Officers Association (FGFOA) Conference, which is held in November 2003 in Sarasota, will be attended by the Controller in order in increase and update her knowledge on Government Finance in Florida. There will also be one Career Development Conference throughout the year, The CRA will be obtaining information on several delivery services for package of the CRA in order to obtain the best price. 3454 6 Promotional/Business Meetings Promotional/Business Meeting $400.00 per month for 02-03 CRA Meetings / Presentations Workshops Association Meetings Total Business Meeting With an increase in Years Two thru Five $ 4,800.00 $ 3,000.00 $ 5o4.oo $ 8,304.00 Seminars Florida Redevelopment Association Conference Registration 7@ $ Room 7@ $ 3 Meals per day x 3 days 7@ $ Miles 360 x $ .31 2@ $ 7 people with a room for each and 3 meals a day for 3 days and two cars driving 275.00 $ 1,925.00 135.00 $ 945.00 41.00 $ 861.00 0.31 $ 223.20 $ 3,954.20 Seminar(s) TBD Registration Hotel Meals Air Fare Miscellaneous 1 person with a room, 3 days, and air travel $ 375.00 $ 150.00 $ 41.00 $ 6oo.oo $ 2oo.oo meals a day for 3 $ 375.00 $ 450.00 $ 123.00 $ 600.00 $ 20o.0o $ 1,748.00 FG FOA-School of Government Accounting Registration Hotel Meals Miles 1 person with a room, 3 days, and one car driving $ 185.00 $ $ 110.00 $ $ 41.00 $ $ 0.31 $ $ meals a day for 5 185.00 550.00 205.00 93.00 1,033.00 Total Seminars $ 6,735.20 Mileage & Delivery Services $90.00 average per month for 02-03 Total Mileage & Delivery Services $ 1,080.00 $ 1,080.00 Car Allowance Director $138.46 x 26 = $3,600.00 Total Car Allowance Director $ 3,600.00 $ 3,600.00 3455 7 Office Supplies: The CRA Board supplies, office drinks, paper products and cleaning supplies are accounted for under Office Expense. Office Expense board supplies, drinks, paper products, cleaning products 02-03 $875.00 = $125.00 per month. $ 1,500.00 Office Supplies relate to pens, paper, disk, ink and general office products within the Office Supplies category. Office Supplies-pens, paper, disk, ink, paperclips and general office products.02-03 $4375.00 = $625.00 per month. $ 7,500.00 TOtal Office Supplies $ 9,000.00 Licenses, Membership & Subscription, Books & Publication: The CRA will incur expenses for licenses, fees or permits which are not project related. The CRA also uses several publications in general every day operations, for grant sources, business incubator ideas and trends for redevelopment within CRA Areas. Memberships / Subscription Chamber of Commerce BB Costco Membership FRA ULI CD Publication Chronicle of Philanthropy Palm Beach Post Sun Sentinel Dailey Business Review PB Convention Board of Director Position Realtor Society Calculated 5% increase per years two - five $ 250.00 $ 8o.oo $ 495.00 $ 475.00 $ 475.00 $ 69.50 $ 103.25 $ 156.52 $ 172.00 $ 750.0o $ 290.00 $ 3,316.27 Advertising & Public Notices: During the year, the CRA will need to advertise and place public notices, which are not project related, for the general needs such as workshops, ordinances, etc. Last year's budget of $4,000.00 has been proposed for 2003-2004. Career Development: The CRA is proposing $4,000.00 for career development of the CRA Staff. 3456 8 Office Printing Expense: The CRA is proposing a newsletter and information flyers on CRA projects. The CRA produces project briefing books broken down into North and South Federal Highway, Boynton Beach BIvd, Head of Boynton and the Central Business District. This line item is for information and booklets that are kept on hand as inventory. These Books include: 20/20 vision, Federal Highway, HOB, BBB Corridor, Ocean District, Design Guidelines and GIS maps. Debt Service/Loan Payment: The CRA has a loan with Bank of America. The starting balance as of October 1,2003 is $2,616,244.49 at 6.56% interest rate. Bonds: The CRA will be consulting with a financial advisor as to the best instruments to fund the programs and projects that the CRA has budgeted. However, three bond issues over the next five years are proposed to meet projected CRA cash needs. Debt costs include issuance and placement at 3%, a required sinking fund at 10% and principal and interest payments. PROGRAMS Office Equipment/Furniture: The CRA will need a computer for the Secretary along with a printer and a printer for running direct print checks with special inks. Staff has also budgeted dollars for office equipment replacement cost as needed. The CRA will need additional equipment in year two due to the office move. Office Leasehold Improvements: In the anticipation of the future needs of the CRA, Staff is proposing the move of the offices in year two. Staff is anticipating a cost to improve and / or adapt the new offices to meet the needs of the CRA. Web Site - Update Expansion: The CRA started the website in 2002-2003 with the basic designs and some features. The CRA is proposing to expand our web site to include graphics on projects and links to projects sites, links to the City of Boynton Beach, and other advanced features in 2003-2004 and 2004-2005. Staff has also budgeted the cost to maintain the site. Printing & Promotional Programs: The CRA will begin printing brochures, annual reports, special projects books, articled reprints, etc. Police: Staff is proposin.q this as a pilot pro.qram, which is on contact and can be modified and / or cancelled at any Riven time. Future year~ contracts are not automatically approved or extended. The Boynton Beach Police Department provides a considerable amount of basic services for the CRA area today. However, as growth and further development increase, businesses and residents within the CRA area have expressed additional desires for expanded services. It is proposed that the CRA underwrite the following two programs at $175,000.00 each for the initial year. 3457 9 Heart of Boynton The Police Department has plans in the immediate future to adjust staffing levels in one of the zones that is fully within the designated "Heart of Boynton" boundaries. The CRA may want to consider extraordinary coverage due to special conditions with that area. Zone three is that area within the CRA bounded by the C-16 canal on the north, Boynton Beach Blvd. on the south, 1-95 on the west and the ICW on the east. This is an area that for many years experienced a high volume of police activity and calls for service. In the past, it was noted for being one of the worst areas in the county for violence and dreg dealing. In calendar year 2002, Zone three posted a decrease in index crime of 9% compared with calendar year 2001. This was the second year in a row that Zone three posted a decrease in crime. Much progress has been made in this area: improved police/community relations, reduction of crime and an increase sense of safety on the part of residents. Unfortunately, due to the increases in offense frequency and calls for service noted in other areas of the city, the Police Department will be redeploying officers in the immediate future, and will no longer be assigning two officers to Zone three. However, to assure that there is no backsliding with crime stats the CRA wishes to enhance the coverage in Zone three with an initial budget of $175,000.00. Central Business District With the increase in development in the downtown area, many business owners and residents have inquired as to whether the Boynton Beach Police Department will be creating a foot or bike patrol zone in that district. Experience has shown us that for citizens who live, work and conduct business in the heart of our cities, police foot patrol officers provide a positive perception of safety and the severity of the crime problem in a given area. Generally speaking, surveys throughout the county confirm that when foot patrol is added to an area, citizen's fear of typical street crimes goes down and generalized feelings of personal safety go up. We were therefore, not surprised when developers, business owners and potential business owners expressed a desire to see officers on foot in the soon to be redeveloped downtown and marina districts. The influx of visitors to the downtown and marina redevelopment areas will likely result in an increased demand on police services and an increase in the rate of property and violent crime. This will necessitate an additional commitment of manpower to the area, ideally, in the form of foot & bike patrols. Foot and bike patrol coverage for the downtown and marina districts would facilitate a police presence during times of peak 3458 10 pedestrian and vehicular traffic and nighttime security for businesses and residents. For this particular enhanced service, the CRA is proposed to initially fund only two or three officers for this post and assigning those hours that cover the hours of highest concern - primarily night-time hours. The budget is $ 175,000.00. Transportation / Trolley: Staff is proposing this as a pilot program, which is on contact and can be modified and / or cancelled at any given time. Future years contracts are not automatically approved or extended. The CRA is proposing a trolley system to help move people around the CBD to avoid the congestion within high-density areas. We have a proposal for Mollies Trolley, which provides trolleys for West Palm Beach and Avoca in Jupiter. Mollies Trolleys, a minority owner and operated business, is proposing a shuttle which would run up to 7 days a week with quality vehicles, high caliber fivers and a strong management team for support. All of their vehicles are the correct passenger size to move substantial number of passengers but is nimble enough to maneuver around downtown. They are fully licensed and insured. They are proposing a rate of $55.00 per hour for 10 hours per day. Leased Trolley: 5 days per week, 10 hour days Day Week Year $550.00 $2,750.00 $143,000.00 Exact scheduling will be developed with the area businesses and parking needs assessment. Festivals/ Events/ Business Programs Events: The CRA is proposing four events per year within different areas of the CRA. For 2003-2004 the events will be; A Holiday Event $7,500.00 on Ocean Ave., The Heritage Fest in 2004/2005 $7,500.00 on MLK Blvd. and the Wheels Weekend $7,500.00 on Ocean Ave. The Scuba Fest $7,500.00 in the Marina Area is proposed to be created in the 2004 / 2005 year budget. Fagade Grants: The CRA will continue the Facade Grant program. This program was established as a matching grant program for dollar for dollar matching up to $15,000 per project. This program was well received as demonstrated by the five applicants and three approvals in the 2002-2003 year. The CRA's $75,000.00 has encouraged $843,535.00 in Private Sector investment. The enhancement of existing commercial buildings ensures a complete unified look in the City of Boynton Beach. Geneses Business Development and Grant Program Grant: The CRA is proposing initiation of a business program to help local business compete in the 3459 11 changing redevelopment environment. The proposed program will be designed to measure development impact on business; before, during and after redevelopment activities. The program will also facilitate, encourage reorganization and identification of core competency of Targeted Businesses in the Central Business District and the Heart of Boynton District in order to ensure that Participants achieve a competitive level once the proposed redevelopment for those areas are realized. The CRA has assumed the County's Development Regions Grant Program for the Boynton Beach CRA Area. This is a matching grant program for business development and job creation in conjunction with Palm Beach County Economic Development Department. Generally the match is 1/3 Applicant, 1/3 CRA and 1/3 County. The CRA has set aside funding in the Economic Business Grant Match and the Fa(;ade Grant Programs. Direct Incentives: The Direct Incentive Program is the CRA's primary development incentive program that is in support of the best of the best projects. Direct Incentives are generally paid after the project has appeared on the tax assessor's tax roles. The budget line item projection reflects the maximum potential incentive per project; therefore incentive cost may be less if scoring does not meet full impacts. Direct Incentive Loan (Arches): The Direct Incentive Loan program is a request for upfront loading on the Direct Incentive request. This one time loan has had conditional approval by the CRA Board in April 2003. Final approval is conditional on document presentation and review by the CRA Board and the Applicant. PROJECTS BBB/Riverwalk / Promenade Projects: Projected 2003 / 2004 construction of the Boynton Beach BIvd Extension / Promenade Riverwalk / and Design Build Project. HOB Commercial Land Acquisition: The CRA will target key properties for acquisition in support of redevelopment in the Heart of Boynton area. HOB Improvements / Street / Garage: Proposed future expenditures in support of potential private development activities in the Heart of Boynton District. These are proposed to include MLK street reconfigurations and public / private parking facility. Way-Finding Signage: This phase of the Sign Program is to begin signage placements. Signs will support local Business Districts, City Attractions and Facilities, Public Parking and Transportation linkage points. 3460 12 Marina Parking Garage: Proposed garage to provide 70 spaces for both general public in the Marina District. The estimated cost would be recovered in less than one year by the increase in land values from the new marina project. TIF Revenue would be in the range of $1,000,000 per year for the Related Marina Project with the cost of the proposed garage parking estimated at $1,050,000.00. ($15,000.00 x 70 spaces) CBD Parking Site: Proposed surface parking spaces to be secured for unrestricted free public use. The lot is Phase I of a Parking Plan to meet general public parking in the Central Business District. CDB Parking Garage 400 Public Spaces: Proposed Phase II Parking deck spaces providing approximately 400 unrestricted free public spaces. ($4,175,000.00 @ +/- $12,000.00) Savage Creatures Complex: Proposed as the next step for the Savage Creatures of Ancient Seas Complex. Miscellaneous Projects: 3461 13 Business "Genesis" Program Premise: The "New Urbanism" many times lacks the reality of providing for extenuating needs that were traditionally incorporated in the "Main Street" contexts. These needs have been pushed aside for Boutique shops, services, 'etc. Often needs based producers of services supplied by existing businesses are removed from redevelopment areas in favor of Boutique stores. Development codes exclude "Needs Based" Businesses instead of creatively incorporating them into the new redevelopment fabric. The trend to remove local existing Businesses is fueled by the fact that many of those Businesses affected by redevelopment do not evolve with redevelopment markets trends, etc. Therefore the two fold impact of redevelopment change and lack of response by existing "needs based" business is catastrophic. Mission: Create a program that allows measurement of redevelopment impact on business; before, during and after redevelopment activities. Facilitate, encourage reorganization and identification of core competency of existing Businesses in the Central Business District and the Heart of Boynton District in order to ensure a competitive environment once proposed redevelopment for those areas is actualized. Program Description: The CRA proposes a Business Development program that is multifunctional. The program is first concerned with the maintenance and survival of the existing Businesses in the areas targeted for Redevelopment. Secondly generate a realistic assessment of how redevelopment truly affects local businesses in the CRA Areas. In light of the proposed redevelopment of the CBD and Heart of Boynton areas, the Business Development program is designed to identify the strengths and weaknesses of individual business and design tools that, if followed will help to secure a future in the area and compete effectively with new businesses that relocate to the area, and to 3462 develop a business awareness of changing trends, demographic needs, opportunities, etc. of the impending redevelopment. The CRA envisions the design, funding and implementation of this program to be a Joint Venture among several partners. Some Partners that have initially been identified are the Center for Leadership Excellence, Palm Beach Community College, Florida Association for Micro Enterprise, Inc. and North Wood University. Program Design Phase I: Determine Element Responsibility, Funding Sources and Budgeting Program Scope, Goals and Objectives Development - CRA Development of Program Evaluation Criteria-CRA/ Development of Program Evaluation Periods-CRA/ Program Announcement Launch -Sponsorship Funds Needs Assessment Design and Data Collection - Palm Beach Community College Survey Results Tabulation and Program Elements Development- CRA Specialized Business Consultations - CRA Specialized and Common Program Development CRA Specialized Program Implementation-CRA Core Grant Common Program Implementation -CRA Core Grant Follow up survey to measure impact analysis of survey. - CRA / Phase II. Design Assessment Tool Survey Palm Beach Community College Graduate "Needs Assessment" Course has been identified as a source for the development and collection of the survey tool. The students taking this course will used a guided list of questions to design a survey tool. The survey tool will be design to identify current good and bad trends, over all performance, and needs of each business. This will be followed up with one on one assistance to ensure completion. Phase II1: Identification and Selection Participants Approximately 20 to 50 businesses in the CRA Geographic Area will be identified and asked to attend a formal launch of the Genesis Business Program. Attendees will get an overview of the program and an invitation to participate. During the launch each attendee will be given a survey tool along with detailed instruction for its completion. Phase IV Compilation of Current Business Status and Needs Assessment 3463 Identification 1. Collection of One on One Interviews 2. Tabulation 3. Analysis and Interpretation of Data 4. One on One Review of Results Phase V Design of program that addresses Common and Individual Needs Phase VI Work with Business owner on implementation of programs Phase VII Development of Program Evaluation Criteria Phase VIII: Development of Program Evaluation Periods 1. Current Status 2. Year One 3. Year Three 4. Year Five Phase IX: Follow up surveys to measure impact. Program Time Line: Subject Program Scope Development Proposal and Budget Development Sole Source Contracts Set Up Internship Program with Local Universities Survey Tool Design Development of Program Evaluation Criteria Development of Program Evaluation Periods Program Launch Event Identification of Business Participants Survey Administration & Collection Result Tools Development One and one work with Business Owners Assignment of Interns to Local Businesses One on One administration of Result Tool Start Date July 2003 August 2003 September 2003 October 2003 October 2003 October 2003 October 2003 October 2003 November 2003 November 2003 February 2004 May 2004 March 2004 3464 'Group administration of Common Program Follow Up Survey (Impact Measurement of first year) March 2005 October 2006 Budget Program Launch Event · Promotion · Catering · Location · Printing Program Delivery Cost · Survey design · Survey distribution Survey one on one completion & Business Assessment · Program Tool Development · One on one work with Businesses · Group Administration of Common Programs Impact Measurement · Survey Design · Survey one on one completion & Business Assessment · Analysis · Results 3465 Memo To: From: Subject: Date: CRA Board Douglas Hutchinson Downtown Parking, Traffic Management, Security, and Garage July 17, 2003 As Boynton Beach turns from the rural/suburban setting in the Downtown to an urban density, many aspects of the roles of the public and private sectors will dramatically evolve. One is the emerging needs to manage public spaces, access, parking, security and transportation. The good news is that Boynton has the ability to address these issues early in the redevelopment through the CRA before they become negative issues. It should be noted that these issues are not things that might happen but rather are "givens" in Downtown Development. Aisc gone is the concept that one private group or entity is responsible for the tasks described. The highest density areas must have coordination and direction from all stake holders in order to work. The concepts of developing public/private urban amenities are not optional, and are designed to address the overall area. Perceptions of conditions are what shape the public's image of an area. The plan should be addressing what a client, visitor, etc. experience in the area. CBD has been working on a public parking program, as defined in the 20/20 Plan, which has as its centerpiece the Congregational Church site at Federal Highway and Boynton Beach Boulevard/Ocean Ave. Through direct contact, the church asked for the opportunity to stay in the Downtown instead of being relocated out of Downtown. In addition to the Church site, the adjacent Kaleel property and a few other properties were recommended for condemnation for 3466 assembly as a parking site. These property owners have been encouraged to redevelop. The result is an owner driven Redevelopment Plan for the block. This Plan incorporates the public parking needs in phases from surface parking through a parking garage with ultimately free public spaces in the range of 400. The church land appraised for $50.00 per square foot and the value is supported by several comps in the area. The appraisal valued the property as land only, no building structure value. The total price for the south church lot and parking is $2,000,000. The new value for the north parking lot would be $789,400. It should be noted that the earlier appraisals were based on limited number of stories. The new appraisal starts over and uses an entirely new appraisal process which takes into account the 150 height and new densities therefore, the price per usable level or floor comes to around $15.75 per square foot. This would make the total value of the church properties approximately $2,800,000. The old values were $1,500,000 for the church lot with parking and $190,000 for the north parking lot. I believe that we can secure parking rights for the surface lot and then a parking deck in a single contract constructed in a two phase process. First the surface lot rights for +/- $1,750,000 cash plus a portion of the former FEC site for redevelopment which the City now owns and, later at our option, a parking deck with 400 public parking spaces fully maintained for $3,000,000 or a total cost of +/- $4,750,000 (400 spaces at $12,000 cost including land). The public would have free access, no maintenance costs, etc. The CRA would not have to acquire the land and deal with bidding out project(s) to have the parking built. This saves the CRA about $1,000,000, and we do not have to relocate businesses or churches which would be additional costs. All in all, I think the final savings could be around $2,000,000 plus maintenance savings. The local property owners are signing agreements amongst themselves so that each can be part of the new project. The church and hardware store are 3467 anticipated to remain, but be redeveloped in the project. The project is driven by private property owners and development. We are simply securing free public parking. I know there will be more details, but what do you think about the concept? Marina District The CRA in combination with Marina Property Owners, Businesses, BODA and the City have created a concept for the first phase of a CBD plan for the Marina District. This district is the first area in the CBD to begin construction and urbanization. The elements include: parking (surface and garages), security and transportation. The Related Group has consented to the CRA contributing to a parking garage expansion of 70 more cars. The cost estimates were given at $15,000 per space on +/- $1,050,000 in costs. Other issues such as police and transportation have been included in CRA Budget projections. The CRA Budget projects the plan costs over the next five years. Proposed Future Public Parking (surplus) Currently the Blue LagOon Project includes provisions for an additional parking deck level of about 200 extra spaces directly in the Marina District. The CRA Direct Incentive has set thresholds to encourage public amenity development within large CBD projects. This project developer has proposed this major contributing public amenity to qualify for incentive dollars. Signage Note that the management of physical sites, transportation linkage and security for the area need to be supported by way finding signage. Without the signage, very little can be accomplished in the management of parking and congestion in the CBD. 3468 City of Boynton Beach Community Redevelopment Agency Forecast for Expenditures Ending September 30, 2003 Please find attached the projected final budget of the CRA Budget for September 30, 2O03. The following notes highlight all major items within the budget in an attempt to provide insight as to our projected expenses and income through the end of September in order to finish out the 2002-2003 year. All budgeted items may be considered individually or as a group for discussion. Please review and give direction to staff. INCOME Interest Income: Staff is projecting $6,600.00 per month in interest based on the average of the first seven months at a declining rate. EXPENSES Personnel: This budget category includes three positions, Executive Director, Administrative Assistant, Controller and the Secretary being hired if the CRA Board approves the position. The attached spreadsheet includes salary, taxes, workers compensation, health insurance, life insurance and retirement for all positions for the years 2002-2003. PERSONNEL 2002-2003 Annual Salary Director $ 25,499.00 Controller $ 11,769.00 Administrative Assistant $ 10,424.00 Employers Workers Health Life SEP 02-03 FICA Comp Insurance Insurance IRA 7.5% $ 38.00 $ 350.00 $ 15.00 5% $1,912.43 $ $1,320.00 $ 60.00 $500.00 $ 29,291.43 $ 882.68 $ $1,320.00 $ 60.00 $ $14,031.68 $ 781.80 $ $1,320.00 $ 60.00 $ $12,585.80 Total $ 47,692.00 $3,576.90 $ $3,960.00 $180.00 $500.00 $ 55,908.90 Professional Services: The following services, studies, etc are proposed: · The CRA is budgeting $14,257.25 for the remainder of 2002-2003 for Legal Services based upon the average of $3,564.00 per month. 3469 1 The City Clerk's office is budgeted for $3,289.00 based upon the average of pervious months. The CRA has retained contracted service for the following projects which are set t° start in 2002-2003: TECA Single Source BBB Study Single Source Design Guideline $ 35,000.00 $ 36,OOO.OO $ 75,000.00 The CRA will enter into a three year contact with an outside CPA firm for our first audit in July 2003. This contract will carry forward for a period of three years with an extension of two years available at $. per year. The category of maintenance and cleaning will include cleaning of the CRA offices and repair and maintenance of the equipment and offices. The maintenance and cleaning was calculated at: $150.00 per month x 4 months $ 600.00 Repair on Equipment $ 146.00 Repair on Office Space $ 100.00 Total $ 846.00 City's IT Department will provide for support, service and maintenance for our computer hardware, software and internet. City of BB IT support $ 5,998.00 Office Lease / Utilities: The CRA is now leasing offices from Gene Moore with the office, conference area and workspace within the same room. RENT: Year 1 Rent & CAM $1,120.00 x 4 = $ 4,480.00 PHONE: Cell phones $120.00 x 4= T-1 line $220.00 x 4= Phones $200.00 x 4 = Total Phone 480.00 880.00 800.00 2,160.00 ELECTRIC: Electric $251.59 x 4 = $1,006.36 3470 2 Equipment Leases: The CRA is now leasing the copier and the postage machine. The contract on the copier is a three-year contract and the postage machine is a year-to-year contract. Copier $343.00 per month x4 Postage $19.95 per month xl $ 1,372.00 $ 19.95 Insurance: The Staff has budgeted $653.06 for any renewal premium notice and any additional insurance rate changes that may happen before September 30, 2O03. Travel Expense: The CRA attends business meetings with developers, community groups and professional organizations to promote the work of the CRA and the betterment of the City of Boynton Beach. The CRA will be obtaining information on several delivery services for packages of the CRA in order to obtain the best price. Business Meetings Business Meeting for 02-03 $1,838.43 Seminars FRA Conference $1,225.00 Mileage & Delivery Services $90.00 average per month for 02-03 $ 216.43 Car Allowance Director $138.46 x 4 = $553.84 $ 554.00 Office Supplies: Office Supplies- pens, paper, disk, ink, paperclips and general office products.02-03 $1,219.00 per month $ 4,876.00 Advertising & Public Notices: The CRA will need to advertise and place public notices, which are not project related, for the general needs. Licenses, Membership & Subscription, Books & Publication: The CRA will incur expenses for licenses, fees or permits which are not project related. The CRA also uses several publications in general every day operations, for grant sources, business incubator ideas and trends for redevelopment within CRA Areas. 3471 3 Memberships / Subscription Downtown Reporter CD Publication Dailey Business Review 190.00 475.00 175.00 840.00 Career Development: The CRA is proposing to spend money on career development of the CRA Staff, which will benefit the CRA and the general public. Printing Office Expense: The CRA produces projects books broken down into North and South Federal Highway, Boynton Beach Blvd, Heart of Boynton and the Central Business District. Debt Service: The CRA has a loan with Bank of America and will have a loan payment due in September. PROGRAMS Office Equipment/Furniture: The CRA will need a computer for the Secretary along with a printer if the position is approved. Printing Programs: The CRA will start printing brochures, letterhead, envelopes, annual reports, project books and other information for the citizens of Boynton Beach, Developers and future needs. Festivals/Events/Seminars: The CRA is also proposing a business program to help local business compete in the emerging CRA market. Fagade Grants: This program was established as a matching grant programs dollar for dollar up to $15,000. The following are approved projects; High Ridge Properties $15,000.00 Grace Fellow ship Church $15,000.00 Boynton Boundless $15,000.00 Fred n Joes $30,000.00 This program was well received as demonstrated by the four applicants and three approvals in the 2002-2003 Year. 3472 4 PROJECTS Relax Inn Closing & Demo: This CRA project has been completed. BBB/ Riverwalk/ Promenade Projects: Starting of the construction on the Boynton Beach Extension / Riverwalk / and Promenade Design / Build Project. Land set aside funding is for litigation on land price. Riverwalk / Promenade Land: Purchase of the Janet Hall Property. Way-Finding Signage: The CRA is completing Phase I of the Way-Finding Signage Program. 3473 5 RESOLUTION NO. 03-01 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 A RESOLUTION OF THE BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY, ADOPTING THE BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2003, AND ENDING SEPTEMBER 30, 2004; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Fiscal Year for the BOYNTON BEACH COMM~y REDEVELOPMENT AGENCY ("CRA") begins October 1, 2003, and ends September 30, 2004; and WHEREAS, a Budget for the revenues and expenditures of the CRA for the Fiscal Year 2003/2004 has been prepared by the Controller and presented by the Executive Director for approval by the CRA Board; NOW, THEREFORE, BE IT RESOLVED BY THE BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY THAT: SECTION 1. The foregoing "WHEREAS" clauses are hereby ratified and confirmed as true and correct and by this reference incorporated herein. SECTION 2. The CRA Budget, which is attached hereto as Exhibit "A" and expressly made a part hereof, is hereby adopted and shall be in full force and effect for the Fiscal Year beginning on October 1, 2003, and ending September 30, 2004. SECTION 3. The total available funds including all revenues is in the amount of $7,188,075.00. SECTION 4. All resolutions or parts hereby repealed to the extent of such conflict. of resolutions in conflict herewith are LAP: 9-8-2003 Page 1 of 2 RESOLUTION NO. 03-01 1 2 3 4 5 6 SECTION 5. If any clause, section, other part or application of this Resolution is held by any court of competent jurisdiction to be unconstitutional or invalid, in part or application, it shall not affect the validity of the remaining portions or applications of this Resolution. SECTION6. This Resolution shall passage and adoption. PASSED AND ADOPTED BY THE BOYNTON REDEVELOPMENT AGENCY BOARD, THIS 2003. become effective immediately upon its BEACH COMMUNITY DAY OF BOY-NTON BEACH COMMUNITY REDEVELOPMENT AGENCY, By: CHAmMAN LAP: 9-8-2003 Page 2 of 2 COMMUNI'TY REDEVELOPMENT AGENCY- ROLL CALL VOTES · ,~,- NO · YES NO · YES NO Don Fenton ,~~ Vice Chair Heavilin YES NO YES NO YES NO Vice Chair Heavilin Alexander DeMarco Jose Aguila Don Fenton Chairman Finkelstein Michele Hoyland Henderson Tillman YES NO YES NO YES NO Michele Hoyland - Alexander DeMarco -- Jose Aguila Henderson Tillman I I ~ Chairman Finkelstein ~ ~ ~ Vice Chair Heavilin i ~ ~ Don Fenton ~ ~ ~ Henderson Tillman Chairman Finkelstein Jose Aguila Michele Hoyland Alexander DeMarco Vice Chair Heavilin Don Fenton YES NO YES NO YES NO s:\cc\wp\minutes\cra\roll call sheets,doc Memo To: From: Subject: Date: CRA Board Doug Hutchinson - Executive Director Recommendations from Savage Creatures of Ancient Seas Selection Committee September 8, 2003 On Monday September 8th the selection committee met to evaluate, score and formulate a recommendation to the CRA Board. The committee evaluated the responses of The Baker Leisure Group, Economic Research Associates and Lord Planning & Management. After deliberation, the committee felt that The Baker Leisure Group and Lord Planning and Management are the strongest candidates. Due to the extremely narrow margin between the scores received by the two groups the committee is recommending that both The Baker Leisure Group and Lord Planning and Management are invited to make a presentation the CRA Board at the October, 2003 meeting. Following the presentations the CRA Board will then select the group of their choice. Memo To: From: Subject: Date: CRA Board Doug Hutchinson- Executive Director Recommendations from Savage Creatures of Ancient Seas selection Committee September 3, 2003 The selection committee will meet on Monday September 8th to evaluate, score and formulate a recommendation. Enclosed with your back up documentation are copies of the proposal submitted by each team that is been evaluated. Due to the holiday, the members were unable to meet earlier. As a result, the Board will be given the results of the scoring and the committee's recommendation during the September 9th Board meeting. 3474 X. Other Items: XI. Adjournment. Any person who decides to appeal any decision of the Community Redevelopment Board with respect to any matter considered at 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. 3475 The CRA shall furnish appropriate auxiliary aids and services where necessary to afford an individual with a disability an equal opportunity to participate in and enjoy the benefits of a service, program, or activity conducted by the CRA. Please contact Douglas Hutchinson at 561-737-3256 at least twenty-four hours prior to the program or activity in order for the CRA to reasonably accommodate your request. MEMO TO: CRA Board FROM: Susan Vielhauer SUBJECT: Budget Transfer Requests DATE: August 26, 2003 Staff is recommending the Budget Transfer Requests in the following budget categories for approval at the September 9, 2003 CRA Board meeting. The Budget Transfer Requests are being adjusted for the following reasons: The City Transfer Funds will be decreased by $385,000.00. The transfer of funds from the City of Boynton Beach was sent directly to Goren, Cherof, Doody & Ezrol Trust Fund, instead of thorough the CRA, for the purchase of the Hall Property. The Interest Income was set at $15,000.00 for the 2002-2003 budget year. The CRA has received an average of $4,000.00 per month. Staff is requesting an increase of $62,900.00 in the Interest Income budget category. The Disability budget category was created in July 2003 as a result of the CRA Board's approval of Short Term / Long Term Disability for CRA Staff. The first month's payment and applications have been completed and forward to the Principal Financial Group. Staff is anticipating two additional payments by the end of the 2002-2003 fiscal year. Staff is recommending an increase of $396.00 in the Disability budget category to cover the cost. In June 2003, the CRA Board approved the Lord Abbot 457 Retirement plan for the CRA Staff. The initial payment for the retirement account and vesting schedule set up 3382 was $2,250.00. Staff will be eligible to participate in the retirement plan prior to September 30, 2003, the end of our fiscal year. To cover the CRA's matching portion in the retirement plan, staff is calculating an additional cost of up to $1,000.00. Staff is requesting an increase of $3,250.00 in the Retirement budget category. In the original 2002-2003 budget, the Workers Compensation budget cost was set at $8,130.00. In March 2003, Workers Compensation Insurance was acquired at a cost of $1,463.94 for a period of one year. Staff is requesting a reduction of $6,600 to the Workers Compensation budget category. Staff has used this cost information for the 2003-2004 budget. In the original 2002-2003 budget, the Health Insurance budget cost was set at $21,000.00. In January 2003, Health Insurance was acquired at a cost of $11,200.00 for the period of one year or $933.28 per month. Staff is requesting a reduction of $6,000.00 to the Health Insurance budget category. Staff has used this cost information for the 2003-2004 budget. The CRA has spent an average of $4,000.00 per month for the past ten months for Legal Services. Legal Services included RFP's, RFQ's, and contract consultation and review, attending CRA Board meetings and workshops, review of manuals, policies and procedures and other legal issues pertaining to the CRA. The original 2002-2003 budget contained a cost set at $21,600.00. In April 2003, based upon the cost average of the first seven months, staff requested and received an increase of $10,000.00, which has proven insufficient to cover cost until the end of the 2002-2003 fiscal year. Staff is recommending an additional increase of $16,000.00 to the Professional Services Legal budget category to cover expenses. Staff has used this cost information for the 2003-2004 budget. The Professional Services Maintenance and Cleaning budget category cost was set at $2,700.00. The cost of the monthly cleaning is $150.00 per month. Aisc, since July 2003, the mowing and maintenance of the Relax Inn lot has cost the CRA $170.00 per 3383 month. The CRA has also had minor repairs to the office equipment and office space. Staff is recommending an increase of $1,000.00 to the Professional Maintenance and Cleaning budget category to cover expenses through September 30,2003. Staff has adjusted the cost estimation for the 2003-2004 budget based upon this information. In the original 2002-2003 budget, the Rent Expense budget cost was set at $21,000.00, based upon $1.50 per square footage for the average office space of 2400 square feet in Boynton Beach. The CRA secured an office space October 1, 2002 for $1,120.00 per month for rent and CAM resulting in a yearly cost of $13,440.00. Staff is requesting a reduction of $22,800.00 to the Rent Expense budget category. The CRA acquired Professional Insurance as required by the employment contracts for the positions of Executive Director and Controller at the beginning of September 2002, at a cost of $3,000.00 and $3,904.00 respectively. The CRA will now acquire Professional Insurance for the CRA as an agency instead of individual employment contract position as of September 2003 at a cost of $3,142.21. The cost of renewal was not calculated in the 2002-2003 budget. Staff is requesting an increase of $3,200.00 to cover the cost of renewal and thus avoid a lapse in coverage. Staff has adjusted the cost estimation for the 2003-2004 budget based upon this information. The Business Meeting expense budget category includes expense for CRA Workshops, association meeting and business luncheons with parties interested in the CRA area. CRA Workshops have totaled $1,083.00 year to date. Association meetings, which included Chamber of Commerce, Florida Government Financial Officers Association and Rotary Club have totaled $325.00 year to date. Business meetings have totaled $3,158.62 year to date or an average of $325.00 per month. Staff is recommending an increase of $1,500.00 to the Business Meeting expense category. Staff has also used this cost information in the 2003-2004 budget. In the original 2002-2003 budget, the Seminar budget cost was set at $3,000.00 for 2002-2003 fiscal year. The Seminar budget costs were for the Florida Redevelopment 3384 Association Conference held in Jacksonville October 2002. This year's Florida Redevelopment Association Conference, which will be held in Tampa, will be paid in the 2002-2003 fiscal year and was not calculated in the original budget. Staff is requesting an increase of $2,000.00 to cover the registration and $2,800.00 to cover the hotel, which must be paid in advance of the conference for CRA Staff and Board Members. In the original 2002-2003 budget, the Office Supplies budget cost was estimated at $1,800.00 for 2002-2003, which has proven to be insufficient for properly supplying the amount of office supplies needed for an office the size of the CRA. Staff is requesting an increase of $6,000.00 to cover the cost of CRA Project books, programs, CRA Board packages and general Office Supplies such as postage, ink and paper. Staff has adjusted the cost estimation for the 2003-2004 budget. In the original 2002-2003 budget, the Memberships and Subscriptions cost was set at $2,000.00 for 2002-2003. Based upon the research of staff into which organizations and printed material would benefit the CRA, staff obtained memberships and subscriptions they felt would be the most beneficial. The CRA has obtained subscriptions to several news publications such as The Palm Beach Post, Sun Sentinel, CD Publications and the Dailey Business Review. The CRA has also obtained memberships in the Florida Redevelopment Association, International Council of Shopping Centers, Florida Government Financial Officers Association, Boynton Beach Chamber of Commerce, Palm Beach Convention and Visitors Bureau and the Urban Land Institute. Through the publications and associations the CRA not only promotes and informs the public about redevelopment in Boynton Beach, but also keeps current with redevelopment issues and concerns. The CRA Board has recently approved the Membership of the Palm Beach Convention and Visitors Bureau at a cost of $750.00. Staff is recommending an increase of $1,000.00 to the Membership and Subscription budget category. Staff has evaluated the current memberships and subscriptions and made recommendation for the 2003-2004 budget. 3385 In the original 2002-2003 budget, the Books and Publication budget cost was set at $200.00 for 2002-2003. Staff has acquired several books that have been needed for the operation of the CRA Office such as the Greg Reference Manual, Excel and XP Window and 457 Retirement Administration manual. Staff has also acquired book on redevelopment issues. Staff is requesting an increase of $750.00 to the Books and Publication budget category. In the original 2002-2003 budget, the Career Development budget cost was set at $750.00 for 2002-2003. Staff has attended several Career Development programs through the Urban Land Institute pertaining to redevelopment in Southeast Florida this fiscal year. Staff has also attended the Granstmanship Center Training, which is the leading authority on grant writing and research. Staff is requesting an increase of $2,000.00 to the Career Development budget category. Staff has used this information in the 2003-2004-budget recommendation. In the original 2002-2003 budget, the Printing Office expense cost estimation was $1,250.00 for 2002-2003 for general office printing and reproduction. In the 2002-2003 budget, a second category of Printing Programs was designed for CRA Annual Reports, Brochures and Newsletters. All of the printing costs for 2002-2003 has fallen into the first category of printing. Delray Blueprint has scanned large project data sheets that could not be scanned in-houSe. These scans have been used by staff in the development of our in-house projects books, which are used on a constant bases. Other printing costs consist of scans made for the CRA Board for facade grant projects. Staff is requesting an increase of $2,000.00 in the Printing Office Expense Category due to CRA Projects and five Project Books within the CRA Area. In the original 2002-2003 budget, the Office Equipment & Furniture / Setup expense cost was set at $20,000.00 for 2002-2003 to set up the new CRA office and purchase equipment. The CRA purchased computer equipment and two printers for three staff. The City of Boynton Beach provides the CRA's internet connection, e-mail, computer connections to city departments and technical support. The CRA had to purchase T-1 3386 equipment when the DSL equipment prove to be not compatible with the City of Boynton Beach's IT system. The CRA purchased audiovisual equipment to view projects and materials sent to the CRA. The CRA has also purchased additional computer and printer equipment for the Secretary position, which was slated for purchase in 2003-2004. Staff is requesting an increase of $3,000.00 in the Office Equipment & Furniture / Setup budget category. In the original 2002-2003 budget, the Office Leasehold Improvements expense cost estimation was $35,000.00 for 2002-2003 for improvements that were anticipated when the CRA acquired an office. The CRA did acquire an office space, which required only a minimum of improvements. The staff is requesting a reduction of $32,000.00 to the Office Leasehold Improvements budget category. In the original 2002-2003 budget, the Riverwalk / Promenade project cost was set at $200,000.00 based upon the anticipated cost to purchase the land and the City of Boynton Beach contributing $350,000.00 The final cost to purchase the Riverwalk / Promenade Land was $282,111.19, which is approximately $82,200.00 short. Staff is requesting an increase of $82,200.00 in the Riverwalk / Promenade budget category. In the original 2002-2003 budget, the Relax Inn closing & demolition cost was set at $1,100,000.00 based upon the anticipated cost of the land and demolition of the building. The total cost of the completed project was $887,135.30. Staff is requesting a decrease of $213,864.00 out of Relax Inn closing & demolition budget category. 3387 BUDGET TRANSFER REQUEST To: CRA Board From: CRA Staff Date: August 26, 2003 * Bud~let Data Only Adjustment Resulting Present Increase Adjusted Number Description Budget (Decrease) Bud~let INCOME 1 City Transfer Funds 385,000 (385,000) 0 2 Interest Income 15,000 62,900 77,900 EXPENSES 2 Disability 0 396 396 3 Retirement 0 3,250 3,250 4 Workers Compensation 8,130 (6,600) 1,530 5 Health Insurance 21,000 (6,000) 15,000 6 Legal 31,600 16,000 47,600 7 Professional Maintenance & Cleaning 2,700 1,000 3,700 8 Rent Expense 38,800 (22,800 16,000 9 Professional Insurance 4,000 3,200 7,200 10 Business Meeting 3,500 1,500 5,000 11 Seminars 3,000 4,800 7,800 12 Office Supplies 1,800 7,200 9,000 13 Membership & Subscriptions 3,000 1,000 4,000 14 Books & Publication 250 750 1,000 15 Career Development 750 2,000 2,750 16 Printing Office Expense 1,250 2,000 3,250 17 Office Equipment / Furniture 23,556 3,000 26,556 18 Office Leasehold Improvements 35,000 (32,000) 3,000 19 Riverwalk / Promanade Land 200,000 82,200 282,200 20 Relax Inn Closing and Demo 1,100,000 (213,864) 886,136 21 Reserve 4,104,161 (169,132) 3,935,029 * Use Whole Dollars Only Controller: CRA Director: 3381