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Agenda 01-13-04COMMUNITY REDEVELOPMENT AGENCY Tuesday January 13th, 2004 Commission Chambers Boynton Beach 6:30 P.M. I. Call to Order. II. Roll Call. III. Agenda Approval. A. Additions, Deletions, Corrections to the Agenda. B. Adoption of Agenda. IV. Consent Agenda A. Approval of Minutes December 9th Meeting & December 17th Joint Commission/CRA Meeting. *5, B. Financial Report � X73 C. Motion to Accept Audit Report for 2002-2003. V. Public Audience LA4 S VI. Public Hearing c y Old Business A. Conditional Use 1 PROJECT: Boynton Delray Academy (COUS 03-008) y y 1-7 AGENT: Marty Madura OWNER: Keith D. Kern Any person who decides to appeal any decision of the Community Redevelopment Board with respect to any matter considered at this meeting will need a record of the, proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. The CRA shall furnish appropriate auxiliary aids and services where necessary to afford an individual with a disability an equal opportunity to participate in and enjoy the benefits of a service, program, or activity conducted by the CRA. Please contact Douglas Hutchinson at 561-737-3256 at least twenty-four hours prior to the program or activity in order for the CRA to reasonably accommodate your request. LOCATION: Northeast corner of Martin Luther King Boulevard and Railroad Avenue DESCRIPTION: Request for Conditional Use approval for a primary/secondary Charter School. New Business A. New Site Plan 1. PROJECT: Fire Station #4 (NWSP 03-024) AGENT: Engineering Department OWNER: City of Boynton Beach LOCATION: 1919 South Federal Highway DESCRIPTION: Request for New Site Plan approval for a fire station on a 1.90 -acre parcel in a PU zoning district. Community Desiqn Plan Appeal LAt 7 B. 1. PROJECT: Fire Station #4 (CDPA 03-003) AGENT: Engineering Department OWNER: City of Boynton Beach LOCATION: 1919 South Federal Highway DESCRIPTION: Request for an appeal of the Land Development Regulations Chapter 9, Section II.J., to permit overhead bay doors to face Federal Highway for Fire Department apparatus bays. Director's Report: LA � (.,-7 A. Updates VII. Old Business: A. Consideration of the Ocean District Plan (Tabled 12/9/03). +`60 Any person who decides to appeal any decision of the Community Redevelopment Board with respect to any matter considered at this meeting will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. The CRA shall furnish appropriate auxiliary aids and services where necessary to afford an individual with a disability an equal opportunity to participate in and enjoy the benefits of a service, program, Ior 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. B. Discussion of Disciplinary Action for the Director. VIII. New Business A. Presentation of Boynton Beach Boulevard Corridor Plan. � �32— B. ZB. Consideration of Way Finding Contract. L-1 t-1 83 C. Consideration of Facade Grant for Boynton Delray Academy. D. Consideration of Fagade Grant Application for Weiss Memorial Chapel. y S E. Consideration of Health Insurance for CRA Staff 2003-2004. �S 20 F. Recommendation for contract change to add additional services for Legal Contract. `iS2--2_ G. Consideration of Releasing an RFP for an Architectural Model of the CBD. `iSZ IX. Commission Action �S q l XI. Board Member Comments y 5 Sv X. Legal / { S s I A. Report on the Agreement with the Director for the Repayment of the $9000.00. S S XIII. Other Items 1-j SS3 XIV. Future Agenda Items HISS `i A. Consideration of Special Pilot Program for Police Patrol in Heart of Boynton and the CBD (February). B. Consideration of CRA Logo and Stationary (February). C. Consideration of Securing CBD Surface Parking Rights (March). D. Consideration of Pilot Program for Trolley Service in the CBD (June). XV. Adjournment �SsS Any person who decides to appeal any decision of the Community Redevelopment Board with respect to any matter considered at this meeting will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. The CRA shall furnish appropriate auxiliary aids and services where necessary to afford an individual with a disability an equal opportunity to participate in and enjoy the benefits of a service, program, or activity conducted by the CRA. Please contact Douglas Hutchinson at 561-737-3256 at least twenty-four hours prior to the program or activity in order for the CRA to reasonably accommodate your request. 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. 4340 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. MEETING MINUTES OF THE REGULAR COMMUNITY REDELEVOPMENT AGENCY MEETING HELD IN COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA ON TUESDAY, DECEMBER 9, 2003 AT 6:30 P.M. Present: Larry Finkelstein, Chair Jeanne Heavilin, Vice Chair Alexander DeMarco Don Fenton Charlie Fisher Michelle Hoyland Henderson Tillman Call to Order Douglas Hutchinson, CRA Director Lindsey Payne, Board Attorney Susan Vielhauer, Controller Chairman Finkelstein called the meeting to order at 6:30 p.m. Chairman Finkelstein welcomed Commissioner McCray. II. Roll Call The Recording Secretary called the roll and declared a quorum was present. III. Agenda Approval A. Additions, Deletions, Corrections to the Agenda Eric Johnson, Planner announced that the applicant for the All Brite Carwash has withdrawn both of his applications. Chairman Finkelstein stated that these two items should be deleted from the agenda. Vice Chair Heavilin requested that Item C. under New Business, "Consideration of the Ocean District Plan" be tabled to the next meeting. Vice Chair Heavilin has not had an opportunity to read the report and would like more time to do so. Vice Chair Heavilin requested that Item XI.A, under Legal, "Status of the $9,000 Invoice Investigation" be heard immediately after the Public Hearing Items. B. Adoption of Agenda Motion Mr. Tillman moved to approve the agenda, as amended. Motion seconded by Vice Chair Heavilin and unanimously carried. IV. Consent Agenda A. Approval of Minutes—November 13, 2003 Workshop and November 20, 2003 Regular Meeting 4341 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida December 9, 2003 B. Financial Report Motion Mr. DeMarco moved to approve the Consent Agenda. Motion seconded by Mr. Tillman and unanimously carried. V. Public Audience Chairman Finkelstein announced the Public Audience. Sister Lorraine Ryan, 145 NE 4th Avenue, Boynton Beach, was present as a representative of the Women's Circle and Boynton Beach PATCH. Sister Lorraine stated that in July, PATCH wrote a letter to Mr. Doug Hutchinson and the CRA with copies to the Commission and the Community Relations Board, requesting that PATCH be allowed to make a presentation to the CRA for a community health center in the Heart of Boynton. They would like to have the health center on Martin Luther King, Jr. Boulevard, if possible. There has been no response to their July communication, and she requested that they be placed on the next CRA agenda. Sister Ryan gave a brief history of PATCH for the benefit of the Board and stated that PATCH conducts health fairs, immunizations, HIV/Aids testing and has a functioning wellness center. They would like to expand from promotive, preventive health care to curative health care, but they are in need of a facility. She stressed that there is a need for health care for the uninsured in the Heart of Boynton area. Bethesda Hospital is willing to donate a doublewide trailer that they could use temporarily, but they need land to place it on. Chairman Finkelstein advised Sister Ryan to get together with Mr. Hutchinson and let him know what PATCH's needs are. After that, Mr. Hutchinson could report back to the Board. VI. Public Hearing Attorney Payne administered the oath to all persons who would be testifying. A. Zoning Code Variance Project: Mixed Use Core Addition Land Use Amendment (LUAR 03-008) Agent: City of Boynton Beach Location: Area bounded by NE 4th Avenue on the north, NE 2"d Avenue on the South, the Intracoastal Waterway on the east and the parcels fronting North Federal Highway on the west. Descriptions: Request to reclassify multiple properties totaling ±15.036 acres from Mixed Use (MX) to Mixed Use Core (MX -C), retaining the existing Conservation Overlay. Dick Hudson, Senior Planner presented the item on behalf of staff and pointed out that the item { was only a Land Use Amendment and is not a rezoning. The amendment was necessitated as the result of a response from DCA when the last Land Use Amendments were presented to them. DCA noted that the City has increased density to allow 80 units per acre in this area. The 4342 2 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida December 9, 2003 area east of Federal Highway is within the Hurricane Evacuation Zone and State policy prohibits increasing densities in this Zone. Because there are some areas that would not be developed staff included them in the same land use, which evened out the densities. Mr. Hudson also pointed out that some projects are not coming in at the maximum density and will be more commercial/office type projects that would create a balance in this Zone. While going through the process, staff discovered that there is an additional parcel owned by the City that could be included in the Zone, which Mr. Hudson indicated on the plans. However, because the City must provide 30 days notice to property owners in the surrounding areas, they cannot meet the requirements. Therefore, staff will be bringing this back as a small-scale amendment, since it is under 10 acres. The Zone would be comprised of six parcels totaling 15.036 acres. The current land use is mixed use with a conservation overlay that restricts development, except to enhance, the conservation area. The properties will be reclassified to Mixed Use -Core to allow 80 units per acre, while retaining the conservation overlay. Mr. Hudson noted that staff does not feel that there would be any objections from DCA since they recommended the Amendment. Vice Chair Heavilin asked what the northern boundary of the Zone would be and was informed that the Zone would not go any further north than 6th Avenue. Mr. Fisher asked if this would affect any residential homes and Mr. Hudson said that it would not. Mr. Henderson asked when the City would be notified by DCA. Mr. Hudson stated that the City would receive a response from DCA within 60 days of receipt by DCA. Chairman Finkelstein opened the public hearing. Since no one wished to speak, the public hearing was closed. Motion Mr. Tillman moved to approve. Motion seconded by Mr. Fisher and unanimously carried. B. Conditional Use 1. Project: Boynton Delray Academy (COUS 03-008) Agent: Marty Madura Owner: Keith D. Kern Location: Northwest corner of Martin Luther King Boulevard and Railroad Avenue Description: Request Conditional Use approval for a primary/secondary Charter School C. Abandonment 1. Project: Boynton Delray Academy (ABAN 03-012) Agent: Marty Madura Owner: Keith D. Kern 4343 3 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida December 9, 2003 Location: West of Railroad Avenue between NE 11th Avenue and NE 10th Avenue Description: Request for an abandonment of a segment of a 5 - foot east/west alley (right-of-way) extending west from Railroad Avenue in conjunction with the assembly and development of adjacent parcels. Eric Johnson, Planner presented the item on behalf of staff. The School would teach up to 125 students in grades six through nine. The property is comprised of two parcels that are separated by a five-foot wide alley that runs east/west. The applicant has also submitted a request to abandon the alley. Mr. Johnson requested that the abandonment be heard simultaneously with this item, but voted upon separately. Mr. Johnson noted that a Charter School is a conditional use in the R-2 Zoning District and must be evaluated against certain standards. The project proposes one point of ingress and one point of egress. The entrance would be off NE 11th Avenue and the exit would be off Railroad Avenue. The School is required to have one parking space for each 500' of floor area; therefore, 13 parking spaces are required and the applicant is proposing 16. A student drop-off area would be on Railroad Avenue and has been reviewed and approved by staff. The dumpster enclosure will be located along the western property line on the north parcel. The applicant is proposing a 6' high buffer wall at this location that would screen the dumpster. Mr. Fenton asked how close the dumpster would be to the nearest residence and Mr. Johnson said that it is located directly west of a residence; however, he did not know the distance. He estimated that it might be around 40'. There are no signs proposed for the project. If the applicant decides to put up a sign, they would have to apply to the CRA and the City Commission for review and approval. The proposed building would meet all setback requirements of a C-2 Zoning District. The only portion of the property located within the R-1 Zoning District would be the parking lot. If the applicant did decide to have a freestanding sign, it would have to be a monument sign, but they are allowed wall signage. The project is located within the Heart of Boynton Master Plan Schematic Design Area and that plan calls for two to three story buildings with mixed use for retail/office/residential: The charter school would not be compatible with that plan, but the plan, in actuality, is a guiding tool for development and has not been codified. The structure meets all height restrictions. Staff would have preferred a more intense use and hoped in the future that if the business expands and prospers, the developer would put back into the property. With incorporation of the staff comments, the proposed project would comply with all requirements of the Code. There are 38 conditions of approval and the applicant informed staff that they would meet all of them. Therefore, staff is recommending approval of the conditional use request and the abandonment request. With regard to the abandonment, the total area that would be abandoned would be only 0.0134 acres and is a very small area. There have been no objections filed and the Engineering Division, Public Works and Utilities have reviewed the abandonment request and have no objections. Florida Power & Light, Florida PO4 Utilities and the cable company have no 0 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida December 9, 2003 objections to the abandonment, but they have not heard from BellSouth. Staff recommends approval. Chairman Finkelstein opened the public hearing for both items. Sister Lorraine Ryan, 145 NE 4th Avenue, Boynton Beach, noted that St. John Missionary Baptist Church and the R.M. Lee CDC have plans for a charter school and hoped that the planning for the proposed school has been done in conjunction with those other schools. She felt that this was important for community planning. Reverend Clarence Ellington, Executive Director of R.M. Lee CDC, stated that they have no opposition to the project and are in full support of the school. Chairman Finkelstein closed the public hearing Marty Madura, representing the applicant, agreed with all 38 conditions of approval. They also received a letter from BellSouth stating they had no objection to the abandonment. Mr. Fisher inquired if the school was a not-for-profit organization and was informed that it was. Mr. Fisher also inquired if at sometime the school looses its funding, to whom would the property revert. Mr. Joe Green responded that the property would revert back to the School District of Palm Beach County. Mr. Fisher pointed out that the location of the property was the anchor to the MLK Boulevard and he would like the CRA to have the right of first refusal to the property. Mr. Green said that he could not speak for the School Board, but he did not think that this would be a problem. Mr. Fisher asked if the CRA could forward something to the School Board to make this request. Attorney Payne stated that this was permitted and the CRA could ask them if they would agree to this. Mr. Fisher asked if this could be -a condition to approval. Attorney Payne did not think that this could be a condition of approval, but the Board could withhold approval until the School Board responds to the request. Ms. Hoyland recommended that it be added as a condition and if the School Board does not agree, it could come back to the Board for renegotiation. Attorney Payne thought that this would be permissible. Mr. Tillman inquired why the students would be dropped off on Railroad Avenue as opposed to on the grounds itself. Mr. Madura said that Engineering requested that the drop off be placed on Railroad Avenue. Mr. Tillman pointed out that this is next to train tracks, a major highway and MLK Boulevard. He felt that this would pose a safety risk for the students. Mr. Madura pointed out that sidewalks would be added and it is intended that Railroad .Avenue would be turned into a one-way road. Mr. Tillman also asked about the drop off area on Railroad Avenue and questioned where the cars would wait since this is a through street and cars would be lining up on the street. Mr. Madura stated that the cars would also be able to enter the parking area and Mr. Tillman pointed out that the parking area is not designated as a drop off area. Mr. Madura explained that a drop off lane would be provided and students would not be getting out on the street. Ms. Hoyland noted that there was only enough room for two cars to queue. 4345 6i Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida December 9, 2003 Mr. Green stated that this was the recommendation of the City's Engineering Division and he would be willing to have the buses go into the parking lot area to drop off the students. The students are too young to drive and over 95% of the students arrive by bus. They have a small student enrollment and do not expect to go beyond that figure. Mr. Tillman felt that this created a dangerous situation. Quintus Greene, Development Director stated that while the recommendation was made by the Engineering Division, he felt that the traffic on Railroad Avenue becomes very light after 13th Avenue. Further, he noted that of the three drop off options available, Railroad Avenue, MLK Boulevard or 11th Avenue, Engineering considered Railroad Avenue to be the best option. Chairman Finkelstein pointed out that Railroad Avenue becomes one way south of MLK. Mr. Tillman inquired how many students would be attending and Mr. Green stated presently there are 70 students with a maximum of 125. Mr. Tillman inquired how many buses would be utilized and Mr. Green said that they have one bus and as the enrollment increases, they may request a second bus.. Also, the buses would not arrive at the same .time because they would be coming from different directions and he expected that they would have a maximum of two buses. Mr. Fenton was concerned about the dumpster being so close to a residence and asked how the applicant intended to address this'. Mr. Green noted that there is a wall separating the dumpster from the residential property. It will be their responsibility to keep the dumpster clean and deodorized. The dumpster cannot be moved to another location because the trucks picking up the trash need enough room to maneuver. Mr. DeMarco inquired about the size of the staff and was informed that there are nine. Ms. Hoyland did not think it was appropriate to have a school located at the MLK corridor. She would prefer to have a building that had more permanency, rather than a modular building. To her, this appears to be a temporary structure and plans for this area recommend a Floribbean architectural style, which this building does not have. She was in favor of Boynton Beach having a charter school, but she did not approve of the entire design. She also echoed the concerns of Mr. Tillman regarding the drop off area for the students. Ms. Hoyland noted that the sidewalk on Railroad Avenue cut into the property and she thought that this was supposed to be a public sidewalk. Ms. Hoyland asked where the school received its funding. Mr. Green explained that the school was designed for inner-city, at -risk youth and has been operating for five years and led the County in FCAT gains. They need to find a location in this area, because 90% of the student population would come from this community. He understood that the school was in the redevelopment area of Boynton Beach and did not intend to come into the community to stick out and be a sore thumb. Ms. Hoyland stated that one of the duties of the CRA Board is to look at program content and development activities in the district; she could not support a modular building going up on this location. She would like to have a permanent building. Mr. Madura explained that the building was a permanent building and meets Code. The entire project has been valued at $820,000 and the building costs $400,000. Ms. Hoyland stressed that the building looks manufactured and modular and is not the kind of building she would like to see in the MLK community as the first project and questioned the types of projects that would 4346 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida December 9, 2003 follow. Mr. Tillman felt that this was a step backwards, and he did not think that this was what they were looking for in this area. Chairman Finkelstein introduced Commissioner Ensler. Quintus Greene, Development Director, stated that this is not what staff was looking for and realized that it is not Floribbean, which is the style for the Heard of Boynton. He pointed out that when the decision was made regarding this project, there was no commitment from the Board to move forward on the properties on MILK. Mr. Greene questioned if they had a right to.stop the school from putting up a legal building on a legal site in the neighborhood, when the City did not have the ability to acquire the property. Since staff received the applicant's project, the Board at its last meeting made a determination how it wanted to deal with property on MLK, but the applicant had already moved forward with the project. Staff also did not favor a modular building, but felt that they were in no position to deny the applicant the right to build on the property. Mr. Fenton favored the modular building and felt that the building could be enhanced to look better. Mr. Fenton also concurred with Mr. Tillman and Ms. Hoyland about the drop off area being unsafe and the sidewalk cut in. Also, he was concerned about the odors that would emanate from the dumpster. He would like to table the item to provide the applicant an opportunity to deal with the Board's major concerns. Mr. Fisher did not think that the drop off site was a problem and he did not think that the stacking of cars would require a great deal of time. He also would like to see some cosmetic improvements to the building. He pointed out that part of the CRA's responsibilities is to meet the needs of the community. This was the type of neighborhood that was in need of having charter schools, and he was in favor of having a charter school at this location. He felt that it would be a benefit, not a detriment, to the Heart of Boynton. Chairman Finkelstein recommended that the applicant look at the design guidelines in the Heart of Boynton Plan to determine what the Board is looking for. Mr.- Green stated that they have already made some changes to the decor and do not want to be the worst looking building in the neighborhood. He agreed to make whatever modifications were necessary to make the building compatible with the intent of the Heart of Boynton. Chairman Finkelstein did not oppose having a school or the location, but he did have a problem with the aesthetics and the design. He did not agree with Mr. Greene's statement about purchasing property on MLK Boulevard. The Board approved purchasing property on the MLK Boulevard over three years ago and no one ever brought this parcel to the Board to see if the CRA would like to buy it. Further, he did not think that the CRA had a right to stop the applicant from developing the property. Chairman Finkelstein pointed out that the CRA Board is a recommending body to the City Commission that will have the final say, but it is the Board's job to look at the design guidelines and site plan issues. Vice Chair Heavilin did not have an issue with the parking and felt the City's Engineering staff was competent to know what was appropriate. She also would like to see the appearance of the building improved. She recommended that the applicant look at the modular building that the 4347 7 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida December 9, 2003 Board approved for Southern Buildings on South Federal Highway that is absolutely beautiful. She would like the applicant to meet with staff to work out the issues raised. Chairman Finkelstein informed the applicant that the CRA has a facade grant program and may be able to help out the applicant with the design of the building. Ms. Hoyland asked staff to address the sidewalk issue. She noted that the sidewalk was on the applicant's property and she thought that it should be a public sidewalk. She asked if a sidewalk easement would be required to provide access rights to the public to cross the property. Mr. Johnson pointed out that Condition #4 states "provide additional right of way along the north property line and widen the roadway to minimum paved width of 24' and place the sidewalk within the public right-of-way in accordance with Standard Detail P-1." Mr. Madura stated that it was not a condition, but they are providing an additional right-of-way one foot behind the sidewalk all along Railroad Avenue, as well as the drop off area. Mr. Johnson stated that if the sidewalk had to go through the property line, an easement would be required and this could be done prior to permitting. Mr. Fisher asked the applicant if he would be willing to come back to the Board with aesthetic improvements in 30 to 60 days because he did not think that the Board would approve the item as presented. He also asked if the applicant was under any time constraints to proceed. Mr. Green said that they are under a time restriction, and he would prefer not having to wait an additional 30 days because there is a possibility of their current school being closed. Mr. Fisher said that he was prepared to make a motion to table the item to allow the applicant to come back before the Board after meeting with staff and making the. requested changes. Mr. Green requested that they be permitted to come back at the January meeting. Chairman Finkelstein did not think that this Board could table an item and that it would still move on to the City Commission. it would be up to the applicant to request that the item be tabled or withdraw the item, which Mr. Johnson confirmed was correct. Chairman Finkelstein noted that the Board could approve the item with a recommendation that the elevations come back to the Board for approval. Mr. Fisher did not think that the item was ready to go to the Commission. Mr. Johnson requested that the Board vote on the abandonment because if the abandonment were tabled it would require an additional City Commission hearing. Chairman Finkelstein asked the applicant if he would agree to table the item until the January 13, 2004 meeting. Mr. Green preferred that the conditional use be approved upon the condition that they satisfy staff with the elevations and modifications. Motion Mr. Fisher moved to table the conditional use site plan approval until the first meeting of the CRA in January to allow the applicant time to improve the aesthetics and possibly improve the parking situation based upon the comments and notes made by this Board. Ms. Hoyland seconded the motion. il Meeting Minutes Community. Redevelopment Agency Boynton Beach, Florida December 9, 2003 Ms. Hoyland would like to expand the motion in the event the City Commission wished to override the Board's recommendation. She would like to include aesthetics, the stacking and parking. Mr. Fisher amended his motion to include allowing the applicant an opportunity to improve the aesthetics of the building and the grounds in order to allow the project to be what the Board would consider the proper gateway to the MLK Corridor; to address the issues dealing with parking and stacking on the grounds for the safety of the children; and to allow the applicant time to meet with the School Board to find out whether the CRA and/or the City could have the right of first refusal on the property. Ms. Hoyland seconded the amended motion. Mr. Fenton was against the motion because he did not think it was within the Board's realm to involve a third party, such as the School Board, to approve the applicant's item. Ms. Hoyland recommended amending the motion that the applicant investigate the possibility of the School Board giving the CRA/City the right of ,first refusal on the land. After having the motion read back, members felt that the right of first refusal from the School Board was not a condition of approval, but was a request to find out if it were available. Vote Motion carried 6-1 (Mr. Fenton dissenting). Mr. Fisher requested that staff make this a priority issue over the next 30 days and to do their best to accommodate the applicant, which was agreed to by consensus of the Board. Motion Vice Chair Heavilin moved to approve the request for an abandonment of a segment of a 5 -foot east/west alley (right-of-way) extending west from Railroad Avenue in conjunction with the assembly and development of adjacent parcels. Motion seconded by Ms. Hoyland and unanimously carried D. Comprehensive Plan Text Amendment Project: Urban Central Business District- Text Amendments to Comprehensive Plan Agent: City -Initiated Description: Addition of one (1) Objective and three (3) Policies to the Future Land Use Element of the Comprehensive Plan, to add development thresholds applicable to the Urban Central District Dick Hudson, Senior Planner presented the item on behalf of staff. He explained that the Comprehensive Text Amendment was necessitated by a process started by the City Commission in September 2003. It is now possible that any single project in the downtown could push the thresholds and become a DRI. • The approval process for a DRI is a very involved process that includes review and approval by State agencies and staff was looking for a way to circumvent those situations. 4349 Z Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida December 9, 2003 Staff determined that the Florida Administrative Code and Florida Statutes have provisions to increasing DRI thresholds under certain circumstances. One way to do this is to declare an Urban Central Business District. The process for this is simple. The Commission would hear the first reading of an ordinance delineating the Urban CBD; it is sent to Tallahassee; DCA has 30 days to review it; and it then comes back to the City with either approval or denial. When the ordinance goes through a second reading, the City must, as soon as possible, adopt an amendment to the Comprehensive Plan recognizing the CBD and setting the boundaries. Mr. Hudson pointed out that this is only the second time in the State's history that a City has applied for this designation. When DCA sent it back to the City, it was heard for a second reading by the City Commission on December 2, 2004. DCA required that a locational map be included with the text. The text will consist of one objective and three policies in accordance with the Statute. Chairman Finkelstein opened the public hearing. Since no one wished to speak, the public hearing was closed. Mr. Fisher inquired if this would affect any residential areas. Mr. Hudson said that there was very little residential in the CBD of the City. Motion Vice Chair Heavilin moved to approve the rproposed amendments to the Text of the Future Land Use Element of the Comprehensive Plan to add development thresholds applicable to the Urban Central District. Motion seconded by Mr. Fisher and unanimously carried. The meeting recessed at 7:55 p.m. The meeting reconvened at 8:05 p.m. Chairman Finkelstein welcomed Mayor Jerry Taylor E. Maior Site Plan Modification 1. All Brite Carwash (MSPM 03-009) (removed) 2, Project: City Library (MSPM 03-011) Agent: Choli Lightfoot, SchenkelSchultz Architecture Owner: City of Boynton Beach Location: 208 South Seacrest Boulevard Description: Request for a Major Site Plan Modification for a 35,166 square foot addition to the existing library building in the Public Use (PU) zoning district. Eric Johnson, Planner presented the item on behalf of staff. This is a major site plan modification to construct a two-story addition to the existing City Library, which is located in the City's "Municipal Complex." The Municipal Complex includes all City buildings except City Hall and the Police Station. The plans call for a 35,166 square foot addition to the existing building that is one story; the addition would be two -stories. Palm Beach County Traffic Division will have to approve the traffic impact statement prior to the issuance of any building permits, which is a condition of approval. 4350 10 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida December 9, 2003 The Engineering Division reviewed the proposed paving and drainage plans and found them acceptable. It is subject to full review at the time of permitting. The existing driveway along Seacrest Boulevard would be relocated further north to 96' south of Ocean Avenue and the code requires 120'. Therefore, the CRA and the City would have to approve a variance. Two new parking lots are proposed; one due north of the building and the other due east of the building addition. These lots would provide for 76 parking spaces. The project is considered to be an expansion of the Library. Since the Library is located within the Municipal Complex, staff looked at it as a shared parking facility and reviewed a shared parking analysis to ensure that there are enough parking spaces to accommodate the expansion. It was determined that peak - hour parking would require 202 spaces; therefore, a 10% buffer would be required in addition to the 202 parking spaces. Staff determined that 223 parking spaces are required for the project that was available through the shared parking analysis; otherwise 378 parking spaces would have been required. The shared parking analysis actually showed that there would be a surplus of 30 parking spaces and this has to be approved by the CRA and the City Commission and is a condition of approval. The pervious area of the project is 24% and the building and all site improvements are in accordance with the code requirements after the conditions of approval are met. Staff is recommending approval, subject to satisfying all the conditions of approval contained in Exhibit C and the City will meet all 55 conditions of approval. Chairman Finkelstein announced the public hearing. Since no one wished to speak, the public hearing was closed. Mr. Fisher asked how many parking spots would be lost through the library expansion. Choi! Lightfoot, of SchenkelSchultz Architecture, 1300 N. Congress Avenue, West Palm Beach, stated that 9 parking spaces would be lost, but there are 30 more spaces when usintq the shared parking analysis. Mr. Fisher inquired if street parking was possible on SE 1s, between the Art Center and Civic Center. Mr. Johnson explained that on -street parking would have to be reviewed by the City and said that staff would be willing to look at this. Motion Mr. Fisher moved to approve the request for a Major Site Plan Modification for a 35,166 square foot addition to the existing library building in the Public Use (PU) zoning district. Motion seconded by Mr. Henderson and unanimously carried. F. Height Exception Project: City Library (HTEX 03-007) Agent: Choli Lightfoot, SchenkelShultz Architecture Owner: City of Boynton Beach _ Location: 208 South Seacrest Boulevard Description: Request for a height exception to allow the atrium tower feature of the library addition to exceed the allowable 45 -foot height limit by approximately nine (9) feet. 4351 11 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida December 9, 2003 Ed Breese, Principal Planner, presented the item. The decorative atrium tower is 53'8" and requires approval for a height exception. The remainder of the expansion meets the height requirements. Staff has determined that the project meets the criteria of Chapter 2. The decorative entry (atrium tower) adds a focal point for the entrance and is an attractive feature. He pointed out the importance of civic buildings having some character, which the atrium tower provides. There will be a study area located below the atrium tower. Staff is recommending approval. Chairman Finkelstein opened the public hearing. Since no one wished to speak, the public hearing was closed. Motion Mr. Fisher moved to approve the request for a height exception to allow the atrium tower feature of the library addition to exceed the allowable 45 -foot height limit by approximately nine (9) feet. Motion seconded by Mr. Tillman and unanimously carried. F. Community Design Plan Appeal 1. All Brite Carwash (CDPA 03-001) (Removed) H. Code Review 1. Project: High Ridge Community Center II (CDRV 03-005) Agent: Penni Greenly, Southern Dance Studio Location: Citywide Description: Request to amend Chapter 2, Zoning, Section 8.A.1.d. (9) to include dance instruction as a permitted use in the M-1 zoning district Maxime Ducoste-Amedee, Planner presented the item on behalf of staff. Even though the project is in the High Ridge Commerce Center, the code amendment would affect the entire industrial district throughout the City. The LDR currently allows gymnastic centers in the M-1 Zoning District, and the applicant is requesting that dance instruction be added to permitted uses in the M-1 Industrial Zoning District. Even though both uses function similarly and require the same amenities, staff was opposed to adding another non -industrial use to the M-1 Zoning District that would diminish the industrial square footage in the City. He pointed out that an industrial use would require less parking than a dance studio. Staff denied the request because it would have a certain impact upon the Citywide distribution of uses and the public welfare within the industrial zoning district. If the Board and/or the Commission approves the request, staff would request that the use be permitted as a conditional use and would also apply to gymnastic centers, so that they could be reviewed on a case-by-case basis. This would ensure the safety of the children using those facilities. Chairman Finkelstein opened the public hearing. Since no one wished to speak, the public hearing was closed. Penni Greenly, 140 N. Congress Avenue, Boynton Beach, owner of Southern Dance Studio stated that she has operated her school in the Boynton Beach and Delray Beach area for over 4352 12 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida December 9, 2003 20 years. She questioned why a gymnastic school had been approved two years ago for an M-1 district, but not dance schools, since they operate similarly. She had her studio in the Cross Creek Plaza for seven years, which is a C-3 Zoning District, and never had a parking problem. She would like to purchase a unit in the High Ridge Commerce Center because she cannot afford to purchase square footage in a C-3 area. She has been looking for over a year to have a place for her school so that she could continue to stay in Boynton Beach. This is the only thing that she can afford that would provide her what she needs to run a dance studio. Vice Chair Heavilin inquired what businesses are currently located in High Ridge Commerce Center II. Mr. Ducoste-Amedee stated that it has not been built yet and will be located along High Ridge and Miner Roads. Ms. Hoyland inquired when gymnastic centers were added to the M-1 Zoning District, did staff recommend approval at that time, and Mr. Ducoste-Amedee stated that staff recommended denial. Ms. Hoyland also referred to the distance requirements between these types of uses and other industrial uses and this could possibly limit industrial uses. She was not in support of that provision and asked if staff reviewed a conditional use, would staff put that requirement on the applicant. Mr. Ducoste-Amedee stated that this was highly likely so that they could be reviewed on a case-by-case basis. Ms. Hoyland asked if this distance requirement would have to be determined now. Mr. Ducoste- Amedee stated that this would have to be done in advance, which means if the Board approved the application tonight, they would have to set a distance for the dance studio location to other industrial uses. Ms. Hoyland was not in support of any distance requirement and was in support of the request. Vice Chair Heavilin pointed out that High Ridge Commerce Center is located within the PID and Mr. Ducoste-Amedee stated that High Ridge Commerce Center II would be in an M-1 Zoning District. Ms. Greenly noted that many gymnastic and dance schools ,in the surrounding communities operate in industrial parks because these are the only places that can accommodate their size needs. Chairman Finkelstein said that he concurred with Mr. Hoyland's comments. Mr. Fisher pointed out that when the gymnastic request first came to the City Commission, the Commission had no problem approving it because so many other cities already have them in industrial areas. Mr. Fisher felt that if dance studios were made conditional uses, it would appear that Boynton Beach does not want art in its City. He also did not see the need for a conditional use or a distance requirement. Vice Chair Heavilin was in favor of the conditional use because it might serve as protection to keep heavy industrial uses away from this type of facility, to which Mr. Tillman also agreed. Mr. Tillman felt that this would be a positive project for the City. Ms. Hoyland did not think that even if the use were a conditional use that this would restrict industrial uses from being located near the dance studio. Mr. Rumpf pointed out that PIDs have an established use approval list and to increase the applicant's chance to get into one of these areas, she has requested use approval for High Ridge Commerce Park PID. This would not 4353 13 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida December 9, 2003 come to this Board, because there are no PIDs in the CRA, but will be going to the Planning and Development Board and the City Commission. He pointed out that those parks are more accommodating and the parking and safety situation are better. Ms. Greenly pointed out that when she submitted both applications, both places were available. Now the unit in phase 1 is no longer available. Ms. Hoyland recommended that the PID application be withdrawn under these circumstances. Ms. Greenly pointed out that going into the Commerce Park most of the businesses operate between 8:00 a.m. to 5:00 p.m. Most dance classes take place in the evening so she did not anticipate a parking issue. Motion Vice Chair Heavilin moved to approve the request to amend Chapter 2, Zoning, Section 8.A.1.d. (9) to include dance instruction as a conditional use in the M-1 Zoning District. Motion seconded by Mr. Tillman. Mr. Fisher asked Vice Chair Heavilin if she would be willing to remove the "conditional approval" portion of her motion. Vice Chair Heavilin was not willing to change her motion. Mr. Rumpf did not think that the site could accommodate the parking requirement, -which was one space per 500' of floor space. Chairman Finkelstein asked Ms. Greenly if she knew the parking requirement at High Ridge and Ms. Greenly stated that there was parking on both sides and she thought that the parking was one space per 500 square feet. Vote Motion failed 3-4 (Chairman Finkelstein, Messrs. Fisher and Fenton and Ms. Hoyland dissenting). Motion Mr. Fisher moved to approve the request to amend Chapter 2, Zoning, Section 8.A.1.d (9) to include dance instruction as a permitted use in the M-1 Zoning District. Motion seconded by Mr. Fenton. Motion carried unanimously. XI. Legal (moved up on the agenda) A. Status of the $9,000 Invoice Investigation (Tabled 11/20/03) Attorney Payne referred to a memo from her and additional materials that she prepared in connection with this item. After this was prepared, she received a telephone call from Mr. Hutchinson's Attorney, Andrew Seiden. Mr. Seiden proposed that the CRA would pay the $9,000 to AR Funding and that Doug Hutchinson would agree to pay it back over a period of one (1) year to be deducted in 26 equal installment payments to be deducted from his paycheck. Motion Mr. Fenton moved to accept the recommendation of Mr. Hutchinson's attorney of the settlement by the Director. Motion seconded by Mr. DeMarco. 4354 14 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida December 9, 2003 Vice Chair Heavilin inquired what the Board's legal costs have been and Attorney Payne stated there were $3,800 in legal fees. Vice Chair Heavilin felt that this should be added to the settlement. Mr. Fisher had an issue with employees paying for things that they did by mistake. He felt that the Board still needed to determine what happened in a public forum. Chairman Finkelstein pointed out that even if the Board approves or disapproves the motion, the Board still has the opportunity to address the issue. Also, Chairman Finkelstein pointed out that the Board did not ask Mr. Hutchinson to pay it back; it was offered as a- means to solve the issue. Ms. Hoyland pointed out that management did not ask the employee to pay back the mistake; it is what the employee wished to do. Chairman Finkelstein pointed out that the Board has many options. The factoring company is going to sue if they do not get paid, and the Director can be asked to defend the suit. Mr. Fisher noted that the CRA has to pay the invoice because they awe the money, but he is having an issue with an employee paying back a mistake using this method. Mr. Fenton pointed out that Mr. Hutchinson hired an attorney and this is his attorney's advice to settle it. Ms. Hoyland inquired that if the Board accepts this as payment for a mistake, would the Board open themselves up to a lawsuit by not representing their employee. Attorney Payne stated that she would prepare an agreement that Mr. Hutchinson will sign to prevent this from occurring. Attorney Payne stated without the agreement, Mr. Hutchinson would have the right to sue if he wished. Ms. Hoyland also inquired if the agreement would override any legal issues. Attorney Payne said that there would be a statement in the agreement that this would resolve the issue for both parties. Ms. Hoyland inquired how the CRA would recover the funds if Mr. Hutchinson terminated his position with the CRA prior to the one-year payment period. Attorney Payne said that some type of agreement or promissory note would have to be executed where he agreed to make the payments even if Mr. Hutchinson is no longer receiving a paycheck. Ms. Hoyland would like to make the payment period spread out longer and suggested a two-year payment plan. Mr. Fisher pointed out that there are still issues outstanding, such as missing public records and mismanagement issues. Mr. Fenton requested to amend his motion. Motion Mr. Fenton amended his motion to instruct the Attorney to create a document and a promissory note with the Director, Doug Hutchinson, to guarantee payment of $9,000 to AR Funding, even if he does not get a paycheck. Mr. DeMarco seconded the amended motion. Motion carried 5-2 (Ms. Hoyland and Mr. Fisher dissenting). Mr. Fisher asked Mr. Hutchinson to explain about the cruise, who went on the cruise, and who paid for it. Mr. Hutchinson responded that the Chamber of Commerce sponsored the cruise and he paid for his own room and all his expenses. The CRA did not pay for anything. 4355 15 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida December 9, 2003 Mr. Fisher asked about the missing public records and Mr. Hutchinson stated that they do not exist. The one document that he made notes on was not a CRA document. He did keep his own notes. Mr. Fisher felt that those notes should be the CRA's public record notes. He referred to the State's Sunshine Laws that require that everything must be saved. Mr. Fisher asked about the document that Mr. Hutchinson signed and Mr. Hutchinson stated that this was an administrative mix-up and he was only one person in a three-person deal and that is why he is paying it back. The originals were removed from the office and he should have kept copies. However, staff was in a crunch time and he should have had better control. He stated "the buck stops here" and of all the documents submitted, there is only one that contains any initials or signatures of his. This was an isolated document that was sent out by fax and he did not have a copy of it. Mr. Hutchinson noted that they do not have any policy and procedures for retaining faxes since this issue never came up prior to this. Mr. Fisher stated that there is an issue here that public records are not being properly maintained in accordance with the law. Mr. Fisher was not pointing fingers at staff, but felt it was the entire responsibility of Mr. Hutchinson, since he is the Director of the Department. Mr. Fisher has a problem that the law has been violated and there are missing public record documents. Mr. Fisher said that on several occasions contract awards were given to sole contractors, instead of going through the appropriate bid process: He felt that what has transpired is a reflection on this Board and the City. Mr. Fisher felt that Mr. Hutchinson should be written up in a disciplinary nature documenting the events and that it be placed in his file. Mr. Fisher asked that the Board ask Legal to prepare the necessary document. Vice Chair Heavilin agreed that the policy for going out for bids is not being followed and this creates potential liability for the CRA. Mr. Hutchinson did not think h,e did anything wrong regarding bids. He said that a document was taken from the premises that he should have retained. Also, Vice Chair Heavilin felt that there was inappropriate behavior going on in the office regarding unprofessional e-mails and she was in favor of disciplinary action. Mr. Tillman recommended that the CRA look at the laws dealing with public records and e-mails because what has been going on in the office is illegal. He noted that information is not made available to everyone. Secondly, before anyone is written up, you need to show what written procedures and policies have been violated. Mr. Tillman noted that the CRA staff has done a tremendous amount of work with minimum staff and little support. What transpired should never have happened, but they must find measures to deal with it and to do it appropriately. Mr. DeMarco also noted how much work has been accomplished by the CRA since its inception and commended staff for doing so much in so little time. He agreed with Mr. Tillman. The Board needs to stop throwing stones, and if there is a mistake, it should be corrected. He felt that what took place tonight was the right thing and they should move on. Chairman Finkelstein was not opposed to an internal investigation, but he felt that there was a fundamental misunderstanding of the purchasing manual. Chairman Finkelstein pointed out that Mr. Hutchinson had been working with these people for some time and he should have gotten three bids. Mr. Hutchinson said that the project had been discussed with BODA in a partnership agreement to move forward. Chairman Finkelstein said that BODA informed him that they were not onboard with this and did not have the staff or money. Mr. Hutchinson explained that the CRA would be staff to that organization. He had meetings with Kristen Conti 4356 16 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida December 9, 2003 and that she would bring documents to BODA and the CRA to be signed, but this never came to fruition. He asserted that there is no contract and there never was a contract. Mr. Hutchinson stated that the factor invoice was a mistake that left the office. He misunderstood the intent of AR Factoring and he may, at his own expense, take this up further with that company and Ms. Dunsford. Ms. Hoyland inquired if Mr. Hutchinson would be bringing his own lawsuit against those parties and he said that is an option to him. Mr. Hutchinson felt that he was the person who was defrauded. Mr. Hoyland inquired if Mr. Hutchinson did bring suit, could the Board be named as a party to the suit. Attorney Payne stated that Mr. Hutchinson could not do this, but the other party could. However, since they were paid, she did not think this would happen. Attorney Payne said that these are issues between Mr. Hutchinson and his attorney. Mr. Hutchinson said that there is one party that has made a tremendous amount of allegations against him and they have taken a great personal toll on him and he may consider further action against this party. Ms. Hoyland thought that this was getting way out of hand and she was inclined to ask the Board to revoke the approval of Mr. Hutchinson paying back the $9,000 to the CRA. She recommended that the CRA pay the $9,000 and discipline Mr. Hutchinson. Mr. Hutchinson stated that the purpose of his paying back the CRA was to move the CRA forward. He referred to the many projects in the works and the momentum it was gathering. He took responsibility and has offered to pay it back. He did not want the CRA to become consumed in dwelling upon something that is an isolated incident. He urged everyone to move forward and that he is taking the comments to heart. Ms. Hoyland would like the public and staff to know that the Board is serious and this will not happen again. Chairman Finkelstein agreed with this statement and noted that there are policies in place that were not followed. Mr. DeMarco was of the opinion that these matters should be discussed between a client and his attorney. He stated that he voted for this motion because the Board's Attorney informed him that what they did tonight was legal. He did not think that it was appropriate for this Board to discuss legal matters without knowing the law. Chairman Finkelstein pointed out that the Board is the client and they are discussing matters with the Board's Attorney and not Mr. Hutchinson's issues. Mr. Fisher pointed out that in the State of Florida, the Board is limited to what can be discussed behind closed doors and this issue does not qualify for a closed session; it must be discussed in the Sunshine. Mr. Tillman felt it was time to move on. He recommended setting a timeframe on how the Board wants to deal with the issue. Mr. Fisher asked if anyone on the prevailing side wished to reconsider having Mr. Hutchinson pay back the $9,000. No one on the prevailing side wished to move to reconsider. Motion Ms. Hoyland moved that disciplinary action against Doug Hutchinson be considered at the Board's January 13, 2004 meeting after the Board has had an opportunity to review the manual 4357 17 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida December 9, 2003 as to how the procedure is to be handled and that the Board Attorney assist in this matter with options. Mr. Hutchinson requested that he be furnished with this ahead of time to review with his legal counsel. Ms. Hoyland did not think that he should have an option to review his disciplinary action until it is taken. She asked the Board Attorney to address this. Attorney Payne stated that it would depend upon the type of discipline and if it were serious enough, he may be afforded the opportunity,to review it. Attorney Payne will make this determination. Mr. Fisher expressed concern that Mr. Hutchinson did not work with the Board's Legal Counsel within a quick timeframe. Chairman Finkelstein requested that these types of comments be discussed at the next meeting. Vote Mr. Fisher seconded the motion by Ms. Hoyland that carried 5-2 (Messrs. DeMarco and Fenton dissenting). Attorney Payne requested clarification when and how the Board wanted the invoice paid and whether the Board's motion was not contingent upon the CRA being. reimbursed by Mr. Hutchinson. Mr. Fisher stated that the invoice should be paid first by the CRA and that Attorney Payne should begin drafting an agreement for Mr. Hutchinson to pay the CRA back. Attorney Payne was instructed that the check should be sent prior to Mr. Hutchinson executing the agreement. VII. Directors' Report Mr. Hutchinson announced that there is a joint CRA/City Commission Meeting at 5:30 on Wednesday, December 17th in Conference Room C, West Wing. If any member has any items they would like included on the agenda to forward them to him. City Manager Bressner is working on an agenda. A. Updates Included in the agenda packet. VIII. Old Business A. Recommendation of the Regions Core Grant from Boynton Seafood to Yellowbeard, Inc. d/b/a Boynton Seafood Chairman Finkelstein asked for clarification on who actually owned the business and was informed it was Yellowbeard, Inc. Motion Mr. Tillman moved to approve. Motion seconded by Vice Chair Heavilin and unanimously carried. B. Consideration of City Cooperative Purchasing Agreement 4358 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida December 9, 2003 Mr. Hutchinson noted that this was placed back on the agenda due to time constraints on the TCEA. Chairman Finkelstein asked if this could be used on a case-by-case basis, and Mr. Hutchinson felt that this was possible. Chairman Finkelstein pointed out that the Board has the right to override the purchasing manual and he was amenable to overriding the purchasing manual for this item, but he did not want to change the language. Chairman Finkelstein also pointed out that this was unanimously defeated the last time it was brought before the Board. C. Consideration of City TCEA Study Contract Dick Hudson, Senior Planner presented the item on behalf of the City. He noted that several months ago staff came before the Board with regard to looking into performing a Traffic Concurrency Exemption Area Study Contract for the CRA area. Staff is proposing to use the City's approved list of consultants under the City's Consultants' Competitive Negotiation Act (CCNA) for this purpose. The base amount of the contract is $56,000, and there are optional elements that could go as high $48,000, for a total of $104,000. Mr. Hudson explained that the timeframe is short because staff petitioned the ,County on October 1, 2003 in order to be included in the first round of amendments for the coming year. Staff has also met with the appropriate agencies to request the item be included in their amendment. A TCEA requires amendments to the County's Comprehensive Plan and the Traffic Performance Standards Ordinance, as well as an amendment to the City's Comprehensive Plan. The County will be transmitting their plan amendment package on March 24, 2004, which means it must be filed in final form with the County by early February at the latest. Mr. Fisher inquired if Kimley-Horn was comfortable with the timeline issues and was informed that they could meet the deadlines. Chairman Finkelstein noted that there was no breakdown of the $48,000 and inquired what tasks this amount covered. Mr. Hudson noted that the three items for $48,000 are included in the proposal and are Tasks 5, 6 and 7. Motion Mr. Fisher moved to approve. Motion seconded by Mr. Tillman and unanimously carried D. Recommendation for a language change for compensation in the CRA Financial Auditor Contract (Tabled on 11/20/03) Motion Mr. Fisher moved to remove the item from the table. Motion seconded by Mr. Tillman and unanimously carried. Ms. Vielhauer stated that the contract with DuFresne & Associates, CPA called .for a final lump sum payment. Normally, they like to have a 70/30 split. The amendment sets this out and this is the only change in the contract. It also will have no impact because the audit is almost complete. 4359 19 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida December 9, 2003 Ms. Vielhauer also explained that DuFresne also quoted the Board a fee of $75 to perform ancillary work, which she would like to utilize when she has a question that would require an expert. Mr. Hutchinson pointed out that staff needs to have this type of advice readily available. Ms. Vielhauer pointed out that DuFresne would receive $5,900 each year. for three years. Chairman Finkelstein noted that the word "annually" is missing from the contract in Section 4 and requested that this be corrected. Chairman Finkelstein also inquired what "substantial amount of field work" consisted of. Mr. Vielhauer explained that the auditors physically came to Boynton Beach for two and one-half days that accounts for this work. Chairman Finkelstein asked if the Board was also approving Arbitrage Rebate Services that were included in the fee schedule. Ms. Vielhauer explained that these are services that would be necessary if the CRA utilized a bond counsel. If this became necessary, the Board would have to approve this. Mr. Fisher asked what line item the auditing would be paid from and. Ms. Vielhauer stated that there is an audit line item in the budget for $7,500 and the funds are available. Motion Vice Chair Heavilin moved to approve. Motion seconded by Mr. Fisher and unanimously carried. E. Consideration of Approval of the CSC Financial Advisory Committee Recommendation for Financial Advisory Service (Tabled 99/20/03) Motion Vice Chair Heavilin moved to remove from the table. Motion seconded by Mr. Tillman and unanimously carried. Ms. Vielhauer reported that the Board asked staff to look into the investigation that was listed on the William Hough & Co. RFQ, which she did. Their response is included in the agenda packet. At Ms. Vielhauer's request they also contacted the Board's Attorney. She also spoke with the City's Finance Director to determine if the City ever dealt with Hough. Ms. Reese informed her that the City's Bond Counsel had dealings with them. Attorney Payne furnished the Board with further documentation regarding the legal proceedings against Hough & Co. Ms. Vielhauer also checked their references and they were highly recommended. E-mails to support this recommendation were also furnished, as well as a list of their clients that includes the State of Florida. Ms. Julie Turner, First Vice President of William Hough & Co., is also present tonight to answer any questions. Chairman Finkelstein asked Attorney Payne to address. this. Attorney Payne stated that she contacted the City's Bond Attorney and he is familiar with the legal proceedings. She recommended that if the Board wanted additional advice, they should contact a bond attorney. Attorney Payne noted that the legal proceedings involved Hough & Co. entering into an Administrative Agreement with the SEC in 2000 that involved yield burning, which is improper. Attorney Payne read the findings into the record and Hough was required to pay money back to the U.S. Government and the City of Boynton Beach. She pointed out that there were other companies that were also involved in this practice. Chairman Finkelstein noted that the order 4360 20 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida December 9, 2003 required Hough to pay back the City of Boynton Beach over $555,000 that dealt with a refunding that was settled on October 20, 1992. Attorney Payne again stated that the City's Bond Attorney was intimately involved in this matter and he should be contacted if the Board wished to discuss this further. Chairman Finkelstein asked if the Committee did any investigative work when they saw this on the RFP and Ms. Vie►hauer stated that they did not. Ms. Julie Turner, First Vice President of William Hough & Co. said that they have 50 financial advisory clients in the State of Florida that include State of Florida, Division of Bond Finance, DOT, and many, many municipalities. They are ranked as one of Florida's leading financial advisers and underwriters. Ms. Turner explained that the legal case was an. industry investigation and settlement that occurred in the late 1990s involving 20 different securities firms to protect their clients and to prevent their bonds from being investigated for their tax-exempt status. She also pointed out that a limited RFP was issued by the City of Boynton Beach recently and their firm received one of them, in addition to Raymond James and Bank of America. These other two companies also entered into settlements with the SEC. Mr. Fenton stated that he is a direct competitor of William Hough and they have an outstanding reputation in the,State of Florida with regard to bonds. He also noted that the CRA bond issues would be small. Mr. Fenton recommended approval of William Hough & Co. Motion Mr. Tillman moved for approval. Motion seconded by Vice Chair Heavilin and unanimously carried. IX. New Business A. Consideration of Burkhart Construction Contact Amendment for Authorization of up to 100% of Construction Documents Mr. Hutchinson reported that Burkhart Construction would like to move forward with 100% of construction documents. There is a great deal of work taking place and there are timetables that must be met. Burkhart Construction is proceeding with the design of the Promenade and Riverwalk Area. Dennis Haynes of Burkhart Construction was present to answer questions. Chairman Finkelstein referred to the December 9, 2003 letter from Mr. Haynes to Mr. Hutchinson that states, "tasks 1.2, 1.4 and 3.12 are related to City Utilities and shall be invoiced separately for reimbursement by same." Chairman Finkelstein inquired that even though they would be invoiced separately, was this included in the dollar amounts furnished. Mr. Haynes stated that they are included in the dollar amounts in the proposal request, and Utilities would reimburse the CRA. Chairman Finkelstein what like to know what those costs would be, and Mr. Haynes stated that they would furnish them. 4361 21 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida December 9, 2003 With regard to task 4, Gateway and Promenade Monument Design, the cost is listed at $87,000. Chairman Finkelstein would like to hold off on this since the project is now up to $4,835,827, minus the Utilities' reimbursement. With regard to geotechnical investigations, which are task 2 at $54,500, Chairman Finkelstein would also like to hold off on this as well and the cost for this is not included in the $4.85 million. Mr. Haynes stated that there are portions that could be eliminated, but if the CRA down the line wanted to include an architectural feature at those locations, you should know what the soil conditions are; it could cost a lot more later if this had to be done. Chairman Finkelstein understood the importance of doing the geotechnical investigations and only wanted to hold off on the monument design. Mr. Haynes pointed out that the tasks in the document and in the narrative do not match. Also, Chairman Finkelstein did not think it was necessary to include task 3.7 (Gateway/Entry Features), which Mr. Haynes agreed with. Chairman Finkelstein also questioned the $150,000 for the cost of a temporary parking lot. He felt that this was the cost of an actual parking lot and Mr. Haynes said that this is a parking lot that could be permitted by the City under the Code that includes landscaping, lighting and irrigation. Dale Sugerman, Assistant City Manager, said that the City's Code does not allow for temporary parking lots. The Code states that a "non- permanent" parking lot must meet certain requirements. Chairman Finkelstein inquired what "Mobilization/General Conditions" for $475,000 pertained to. Mr. Haynes responded that this is an opinion of costs and is not a set figure. They have used past experience as a guideline. From past experience, "mobilization/general conditions" is typically in the 12% to 14% range of the construction value. Mr. Haynes pointed out that certain items in the contract are one-time costs and there are other costs that would be in direct proportion to the construction value. Mr. Fisher asked if the Utilities Department was prepared to reimburse the CRA for the utility items previously discussed. Mr. Haynes stated that items that are related to water utilities and sanitary sewer utilities are not CRA responsibilities. Chairman Finkelstein said that he discussed this with the City Manager who agreed that items not related to the CRA and the promenade project would be reimbursed. Mr. Sugerman said that he understood that there would be costs beyond the scope of the project, but he was not aware of internal costs of the project that the Utilities Department would be paying for. Also, Mr. Sugerman was not aware of any conversations that Chairman Finkelstein had with the City Manager. Chairman Finkelstein confirmed that he was only referring to projects that were outside the scope of the project. Attorney Payne stated that if the Board approves the contract, they should make it subject to the City paying these items. Mr. Sugerman said that this could be accomplished by an Interlocal Agreement or a letter. Motion Mr. Fisher moved to approve to include all Chairman Finkelstein's comments in the motion. Motion seconded by Mr. Tillman and unanimously carried. B. Consideration of Contract for the Independent Feasibility Study for the Savage Creatures of Ancient Seas Proposal. 4362 22 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida December 9, 2003 Mr. Hutchinson stated that the contract for the feasibility study came in under budget and was submitted earlier than anticipated. The contract has been reviewed by Legal and Mr. Hutchinson has compared it to the original feasibility study. Chairman Finkelstein asked what defined the expenses because the contract called for $50,000 plus expenses. Jose Aguila of the Curry Partnership stated that expenses would normally include travel above and beyond the norm, and large reproduction of reports. Included in the $50,000 are the costs for meeting with staff, travel within the area, copying, etc. If the Board wanted to have 500 copies of a report for distribution to the public, then this would be an additional expense. Anything that they need to do their job would be included in their original fee. Chairman Finkelstein recommended including a non -to -exceed figure for expenses. Mr. Aguila said that he would provide a list of anticipated expenses. Mr. Aguila did not think that their expenses would exceed $5,000. Chairman Finkelstein also wants the CRA to be named as an additional insured and Mr. Aguila said that he would take care of this. Mr. Fisher recommended that it be added as a condition to the motion. Chairman Finkelstein noted that there was no language in the contract that stated the CRA would be informed if the project were not feasible. Mr. Aguila concurred with this and stated that if, at anytime, it was determined that the project were not feasible they would inform the CRA. Chairman Finkelstein requested that in the paragraph "Applied Technology & Management", he would like the word "should" in the sixth line changed to "will." . Motion Vice Chair Heavilin moved to approve the contract for the independent Feasibility Study for the Savage Creatures of Ancient Seas Proposal with the noted changes on the Agreement contract, the inclusion of the Boynton Beach CRA as a named insured and expenses not to exceed $5,000. Motion seconded by Mr. Fisher and unanimously carried. C. Consideration of the Ocean District Plan (tabled) X. Commission Action None XI. Board Member Comments None XII. Legal A. Status of the $9,000 Invoice Investigation (Previously addressed) 4363 23 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida December 9, 2003, XIII. Other Items None XIV. Future Agenda Items A. Joint CRA and City Commission Workshop December 171h at 5:30 P.M. at City Hall, West Wing Conference Room C. B. Consideration of RFP for Architectural Model of the CBD to Seacrest Area (January) C. Consideration of Pilot Program for Trolley Service in the CBD (January) D. Consideration of Special Pilot Program for Police Patrol in Heart of Boynton and the CBD (January) E. Consideration of CRA Logo and Stationary (January) F. Presentation of Boynton Beach Boulevard Corridor Plan (January) G. CRA Audit Report (January) H. Recommendation for contract change to add additional services for Legal Contract (January) I. Consideration of funding for the Wheels Weekend Event April 2004 (January) J. Consideration of Securing CBD Surface Parking Rights (March) XV. Adjournment There being no further business, the meeting properly adjourned at 10:40 p.m. Respectfully submitted, Barbara M. Madden Recording Secretary (December 11, 2003) 4364 24 MINUTES OF THE SPECIAL JOINT MEETING BETWEEN THE CITY COMMISSION AND COMMUNITY REDEVELOPMENT AGENCY HELD IN CONFERENCE ROOM C, WEST WING OF CITY HALL, BOYNTON BEACH, FLORIDA, ON WEDNESDAY, DECEMBER 17, 2003 AT 5.30 P.M. Present for City Commission: Jerry Taylor, Mayor Mike Ferguson, Vice Mayor Bob Ensler, Commissioner Mack McCray, Commissioner Carl McKoy, Commissioner Present for CRA: Larry Finkelstein, Chair Jean Heavilin, Vice Chair AI DeMarco Don Fenton Michelle Hoyland Henderson Tillman Also present were Kurt Bressner, City Manager; James Cherof, City Attorney; Lindsey Payne, CRA Attorney and Janet Prainito, City Clerk. Call to Order by Mayor Taylor Mayor Taylor called the meeting to order at 5:31 p.m. He announced that they may need to schedule a second meeting if all items cannot be addressed tonight. Introduction of City Commission and Community Redevelopment Agency Board Discussion Items for Meeting: 1. Role of CRA for Economic Incentives — What is the long-range intent and policy of the CRA for incentives? Chair Finkelstein said that the CRA put together a manual that outlines their Incentive Program. There is also the Fagade Grant Program and the County Grant Program. He explained that the CRA's intent is to cover specific projects that they feel are in need of incentives. Their long-range goal is to go back to the smaller development projects. He said that the Incentive Program is not a given. It is at the sole discretion of the Board. They had, asked that the CRA Director make the manuals available for the Commission. Mr. Hutchinson explained that they are using benchmarking for their incentives. The idea is that as projects go along, the next one has to be better than the previous one. Mayor Taylor asked what drove the $2M that was given for the Arches project. Mr. Hutchinson explained that this project was one of the first major projects that the CRA reviewed for incentives. He believes that project was seen as a benchmark. The project had requested $2M in the form of a loan guaranteed by the project. Their increment will be approximately $470,000 per year if they meet their projections over ten years. The CRA would receive $4.7M over the same period of time. 4365 Meeting Minutes Joint Meeting — City Commission & CRA Boynton. Beach, Florida December 17, 2003 Commissioner McCray asked who makes the decision regarding incentives and could the City Commission see how the CRA arrives at the figures. Mr. Hutchinson explained that the CRA uses a scoring system for each category. Chair Finkelstein added that the CRA does not have to give what the applicant is requesting. Commissioner McCray wanted to know how the Board is arriving at the figures before the newspapers come out with it. He asked what the next project would be. Mr. Hutchinson reported that there were no applications at this time. Mr. Fenton said that these are economic incentives and the incentives are to increase the tax base. City Manager Bressner spoke regarding the process used. He explained that after the CRA has completed their initial review, the information could be submitted to the City, Commission before a final decision is made. There could be a waiting period so that the Commission could review the application. Another option would be a simultaneous transmittal. Vice Chair Heavilin preferred a simultaneous transmittal. Mr. Hutchinson said that after staff reviews the applications for completeness, they could send the packages out simultaneously to the CRA and the Commission. It was the consensus of the Commission that the packages be sent simultaneously. Chair Finkelstein said that the long-range policy is to bring more businesses into the City and increase the tax base. Vice Chair Heavilin added that the emphasis is on public space and parking. 2. Parking Issues in the CBD area and Civic Center Area — What options should be considered by the City and the CRA to address future parking needs? Does this include the establishment of a parking authority? Commissioner Ensler had a concern of how to solve parking problems. He asked whether there was any plan for the downtown area. Chair Finkelstein reported that the CRA funded some additional parking at the Marina project. They are going to use the Relax Inn property that they bought for temporary parking. They have asked the CRA Director to begin a parking study utilizing the projects that are coming on line. The City bought a couple of lots for parking that they are trying to put together with some other properties. Part of the incentive package is for developers to produce more parking than the Code requires. The CRA felt that it was better at this time to add additional parking at the various developments and spread the parking around rather than buying one piece of property and having one parking structure. 4366 Commissioner Ensler asked whether each developer would be building a parking garage. 9 Meeting Minutes Joint Meeting — City Commission & CRA Boynton Beach, Florida December 17, 2003 Chair Finkelstein explained that they are asking developers to add additional parking spaces for the public. Mr. Hutchinson explained that in the next 60 days they will have a proposal to go out for RFQs for a parking study. Vice Chair Heavilin said that they need to relook at the existing fee -in -lieu of parking policy that is $1,000 per space. Ms. Hoyland, thought that it was originally put in place to attract new developers. It was set up as a no fee for the first year and then incrementally going up $1,000 each year thereafter. She felt that this needed to be reviewed because a surface parking space now costs $8,000. City Manager Bressner said that staff would work on this item for a future agenda. Vice Mayor Ferguson asked whether the parking study would be limited to the Central Business District. Chair Finkelstein answered, affirmatively. City Manager Bressner suggested that this be looked at closely. There was a study completed in 2000 that was limited to the CBD area and did not include the Civic Center area. This would be an opportune time to address that area. He will be recommending to the Commission at the meeting on Friday that the City begin acquiring property for parking in the Civic Center area. Commissioner Ensler felt that there needed to be two studies since it has not been determined what the Civic Center area will be. Ms. Heavilin suggested that when the fee -in -lieu of parking is readdressed, they need to look at the intent of it. She felt that the original intent was to use this for smaller developments. Commissioner McCray asked what the time frame for parking was at the former Relax Inn. Chair Finkelstein explained that they wanted to use that area for temporary parking and staging for the construction of the Boynton Beach Boulevard extension and the Promenade. The contractor said they would have to bring it up to a complete parking lot per code. He asked whether there was any leeway to make this a temporary lot during construction. Mayor Taylor said this could be done. 3. Civic Center Area — What Options should be considered by the City Commission and the CRA for building uses in the City Hall/Civic Center Area? (Old High School, Library, Museum, City Hall, Art Center, Madsen Center) Commissioner Ensler said that there has been a regarding developing a municipal complex as downtown, possibly even closing off the streets Avenue. When the last capital program was regarding the use of the Old High School. Since 4367 3 lot of discussion over the last several months a cornerstone for the redevelopment of the between Boynton Beach Boulevard and 2nd put together, there were serious questions then, it was found that the Old High School Meeting Minutes Joint Meeting — City Commission & CRA Boynton Beach, Florida December 17, 2003' could be used. It needs to be decided how the school will be used and how that affects other uses in the City. He would like to see a study of the entire area and how the municipal complex could be used as a cornerstone for the downtown. Chair Finkelstein would love to see the complex come to fruition. That was part of Visions 20/20. His only concern was where the CRA fits in with funding a municipal complex. Mr. Fenton felt that there was no economic benefit to putting money into a City building and the CRA's role is to increase TIF income and economic activity. Mr. Tillman said that the amount of parking in that area must be determined. After the needs are determined, he felt that it would be a function of the City. The overall function of the CRA is to bring in businesses and increase TIFs. Mayor Taylor felt that the whole purpose of the town square is to bring people downtown to the town center and feed into area businesses. Chair Finkelstein was in favor of having someone take the Visions 20/20 Plan and the Ocean District Plan and further that town square concept. He would not have any problem with the CRA funding the study, but did not think it was the CRA's function to construct or renovate City buildings. Mr. Hutchinson said there were budgeted funds to update the Visions 20/20 study. Commissioner McCray was concerned that the City does study after study that sits on a shelf. He wants something to be done. Chair Finkelstein said that this would be an implementation study and not a feasibility study. Quintus Greene, Development Director, explained that the Ocean District Plan has two options — one with the High School and one without the High School. The reason for this was because at the public meetings, the community was evenly split on their desire to keep the High School. Mr. Fenton thought that if the Commission decides to refurbish the High School, they should make it revenue neutral and put someone in there who will pay the rent. This way, the City is not burdened with paying for everything. Herb Suss requested that the Library be included in the Commission's plans. Mayor Taylor said this would be discussed at Friday's CIP meeting. He explained that the grant for the Library has not been lost. The City would have to reapply for it. Mr. Hutchinson commented that there might be other grants available. 4. Long -Range Plans for the CRA Boundaries — What areas does the CRA see as being substantially completed so that the area can be taken out of the CRA? What is a reasonable schedule for compression of the CRA boundaries? 4368 Q Meeting Minutes Joint Meeting - City Commission & CRA Boynton Beach, Florida December 17, 2003 Chair Finkelstein did not believe there was enough progress made yet to shrink the boundaries of the CRA. Ms. Hoyland agreed. The CRA may not be ready to shrink the boundaries any time soon if they intend to reach their goals of helping to redevelop all of the area. Mr. Tillman said that the CRA is in its infancy stage. They are taking in TIF funds and strengthening other areas. They need more time to do this. Mayor Taylor said that he is against shrinking the CRA area. He felt that the CRA should be in operation for possibly 20 years. Commissioner Ensler supported retaining the CRA's boundaries to help support the Heart of Boynton. 5. Enhanced City Services to the CBD Area — How will they be provided and how will they be paid for? Currently, the City and CRA are dealing with the issue on a case-by-case and year-to-year basis. Will there be discussion of a formalized mechanism such as a Downtown Development Agency? Chair Finkelstein thought it was too soon for a Downtown Development Agency. - The demographics and new developments are not there yet. He felt it was too early to start funding programs. Ms. Hoyland thought that they might want to hear from other CRAs and see what was successful for them in creating a Downtown Development Agency. Maybe a plan should be put in place. Chair Finkelstein agreed that they should plan but it is too early to be funding those projects Mayor Taylor felt that the Police Department is spread thin throughout the entire City. There are several big construction projects coming in. There is theft on construction sites. He thought that the best thing to offer prospective developers was a safe environment. He felt that 12 months from now was not too early to look at these programs. Chair Finkelstein said that the CRA did agree to look at them. However, he felt that funding police patrols today was a little premature. Mr. Fenton explained that the CRA had a long discussion regarding this. He had wanted to implement police patrols part time during the season, from Thursday to Sunday. However, the rest of the Board did not agree. Commissioner McCray said that they might have to have a substation for the Fire Department also. Vice Mayor Ferguson felt that fire protection was not needed as much as police protection. He thought that police protection was needed now and this would need to be implemented by November 2004. Mr. Hutchinson said that the CRA can only afford a part-time program now and he is working with the Police Chief. 4369 5 Meeting Minutes Joint Meeting — City Commission & CRA Boynton Beach, Florida December 17, 2003 Chair Finkelstein wanted to clarify that the CRA is only looking, at a program. They have not approved any program at this time. Herb Suss suggested that companies that are coming into the City provide security for the downtown. He also suggested using the COP resources that they have now. Bob Brown thought that was a good idea, especially during construction. He also spoke regarding a grant that some other cities have received. They get $150,000 a year and at least 50% has to go towards Police. Vice Chair Heavilin asked what the City's plan is to add police officers. Mayor Taylor responded that he would be pushing very hard to add police in next year's budget. 6. Utility Services to the CBD Area, MLK Area and Federal Highway Corridor — How is this progressing? (Note: This item can be a subsequent meeting with City Staff and Commission or held to another joint meeting.) This item will be discussed with the Utilities Department at a later date. 7. What are the specific timeframes for approved projects in the CRA —Marina and Arches, specifically. Quintus Greene, Development Director, reported that permit applications are in review for the high rises at the Marina. These are not the townhouses. The first set of comments should be out within the next week or so. Assuming the developer responds to all the comments, the permits should be issued in the latter half of January. The developer has a timeframe of February 1st. Mr. Greene said that the Arches have not come in for permits. The developers are looking at permitting in the Fall of 2004. There have been preliminary discussions regarding how they locate their sales trailer. Mayor Taylor said that the developer told him that running the sewer line to the lift station was a huge undertaking and was a four-month project. He asked whether this could be started before everything else is approved. Mr. Greene did not know whether staff had reviewed the sewer line yet. Russell Barnes, Kimley-Horn, reported that they are completing the design for a piece of the sewer line. They have been coordinating that with the engineer for the Marina project. The City has reviewed those plans and he has just received comments from City staff. Now that they have the City's comments, they will be submitting to the County next week for their permit. Mayor Taylor said that he had spoken to Nancy Graham (The Arches) today and she thought they would be ready to start moving on the project in March or April. 4370 6 Meeting Minutes Joint Meeting — City Commission & CRA Boynton Beach, Florida December 17 2003 Ms. Hoyland asked how many units had to be sold before they could start building. Mr. Hutchinson said it was 70% plus one. 8. What plans does the CRA have for Special Events in the CRA Area? How can these be coordinated more fully with City, BODA or Chamber Events? Chair Finkelstein did not believe the City had any events. The BODA event, the Holiday Festival, is one that the CRA funded. Mr. Hutchinson reported that the CRA did not want to create events but support them. There are four events planned, of which only three exist now because one will be at the waterfront. This cannot be done now because the waterfront is under construction. Commissioner McCray asked how the Season of Peace was advertised. Annette Gray, CRA Administrative Assistant, explained that they advertised with 30 radio spots for two weeks prior to the event, in the Palm Beach Post, with 500 posters and flyers, announcements in utility bills and the announcement on the "hold" recording for the City. It was also listed on some of the marquees in the City. Commissioner McCray said he was unaware of it until he saw the trailers. He felt that there needed to be more promotion for these events. Chair Finkelstein did not think that the CRA should be in the Special Event business. He did not believe that the CRA had the staff or time. He felt that helping to incubate a few events was o.k. The goal was to wean groups off of the CRA. However, the CRA did agree to four events. They are the Wheels Weekend, HeritageFest, the Multi -cultural Season of Peace and the Waterfront event. Ms. Hoyland felt that the CRA would be assisting with these events until there is an authority set up to take this over. Since there were issues with the parade being moved last year, the CRA felt that they needed to take an active role in it this year. Mr. Tillman said that the CRA attempted to fill a void. Groups that need funding go to the CRA because, currently, the City has nothing in place to deal with cultural events. The City needs a fully funded cultural council to deal with these. The CRA can lend aid but should not be the primary source for funding. Commissioner Ensler asked what the City Commission or City staff could do to help the CRA with its objectives. Mr. Tillman said that this joint meeting was helpful and thought that the Commission and the CRA should have quarterly meetings. He also felt that the City should form a cultural arts council. 4371 7 Meeting Minutes Joint Meeting — City Commission & CRA Boynton Beach, Florida December 17, 2003 Commissioner Ensler requested that at one of their meetings, the CRA discuss what the Commission could do to assist them. Commissioner McCray asked for comments from the Chamber of Commerce. Diana Johnson, President of the Chamber of Commerce, will send those comments by Friday. 9. Does the CRA plan on developing design guidelines or criteria for development in the CRA? If so, will this tie in with possible incentives? Chair Finkelstein answered yes _to both questions. He said that there is a fresh draft out for the design guidelines that the CRA will be looking at. 10. Other Commissioner McCray asked regarding the feasibility study for the museum. Mr. Hutchinson reported that the study would be ready in eight weeks and, hopefully, it will answer all of his questions. Chair Finkelstein requested input on this from the Commission, as they have had none so far. Mayor Taylor thought that there was a great exchange of information at this meeting. He felt that quarterly meetings would be helpful. There being no further business, the meeting properly adjourned at 7:22 p.m. "R-112 City Clerk Deputy City Clerk (12/26/03) CITY OF BOYNTON BEACH Mayor Vice Mayor Commissioner Commissioner Commissioner 4372 n MEMO TO: CRA Board FROM: Susan Vielhauer SUBJECT: Financials DATE: January 2, 2004 Current cash accounts include the ending balance for the Operating Account $23,609.27, Money Market $5,598,052.29, and petty cash of $500. We received $4,297.35 in interest from the Money Market Account this month. BALANCE SHEET NOTES As per the CRA Auditor and Generally Accepted Accounting Standards, I have reclassified a portion of the Property/General, Professional, Bond, and Workers Compensation into Prepaid Accounts, which will be expense from the prepaid account to the expense account in equal portions by the month. In addition, I have billed to City of Boynton Beach $46,537.71 for the expense related to the High School Task Force. Accounts Payable includes the following expenses incurred in November; Aetna Health Insurance $1,313.37, Comp Dental Insurance $38.22, Bell South $220.00, Dufresne & Associates $5,900.00, Fed Ex $46.01, FPL $172.51, Imagistics $409.00, Office Depot $891.33, Petty Cash $144.34, Principal Financial Group $132.02, Sun Trust $1,040.85, City of Boynton Beach $453.80, and RMPK Group $867.89. These expenses are paid on January 6, 2004. 4373 Accrued Liabilities include the following; Accrued Compensated Time Off $10,659.56, Accrued Salaries ($514.59), Accrued Payroll Taxes $2,048.97 and Accrued Health Insurance ($255.18). INCOME STATEMENT NOTES The CRA received the Tax Increment Funding check for $937,772.00 from Palm Beach County. CRA Staff had calculated the TIF projection from the County at 11% or $924,333. Staff will be adjusting the TIF income amount up $13,439.00 through a Budget Transfer Request. Expenses are broken into Debt Service, Program Expense, Project Expense, and General & Administrative Expenses., The Current Column only includes the current month's income and expenses. Year to Date column includes the income and expenses the CRA Board has approved, and the Current Total includes all income and expense to date. The CRA, according to Generally Accepted Accounting Standards, had to account for the interest on the Bank of America loan for the month of September, which is why there is a negative balance in the Interest Expense Payment line item. This will reverse in February when the CRA makes its payment. BUDGET TO ACTUAL COMPARISON NOTES The Year to Date Total column includes income and expenses, which have been approved by the CRA Board to date. The Current Period includes the beginning balance of all cash accounts as of the first of the month. Current Revenues received this month include $4297.35 in interest and $937,772.00 TIF check from the county, which were put into the Money Market account. 4374 In the category of Personnel Cost, the CRA has three* payrolls in the month of December.In addition, the CRA has completed the setup of the Life Insurance for CRA staff. In the category of Professional Services, the CRA paid A/R funding and RMPK Group. In addition, after completing the'CRA Financial Audit, the CRA will pay Dufresne and Associates $5,900.00. The CRA paid November and December equipment rental in the month of December. Income generated for the Festivals and Events was netted ..against the expenses located under the Programs category. The CRA paid BODA $7,500 for sponsorship of the Winter Carnival and City of Boynton Beach $7,500 for Heritage Festival. Work is continuing to progress with the Riverwalk/Promenade/BBB Extension with payments to Burkhardt Construction. CASH FLOWS STATEMENT NOTE The Cash Flows Statement lists the money received. The statement lists the checks by vendor paid out in the current month. 4375 Community Redevelopment Agency of Boynton Beach Balance Sheet Government Funds December 31, 2003 Total Community Redevelopment ASSETS Cash and Cash Equivalents $ 5,622,161.56 Receivables $ 46,837.71 Prepaid Expenses $ 3,083.83 Inventory Fixed Assets Real Estate Relax Inn $ 869,209.96 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 $ 13,725.68 Accumulated Depreciation- Fu rn./ Equip $ (2,822.61) Total Assets 6,552,196.13 LIABILITIES AND FUND BALANCES Liabilities: Accounts Payable $ 11,629.34 Accrued Liabilities $ 11,938.76 Note Payable $ 2,752,345.10 Total Liabilities $ 2,775,913.20 Fund Balances: General Fund $ 3,295,835.16 Change in Fund Balance $ 480,447.77 Total Fund Balances $ 3,776,282.93 Total Liabilities and Fund Balances 6,552,196.13 4376 December 31, 2003 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 Income Statement Current YTD Current Total $937,772.00 $0.00 $937,772.00 $937,772.00 $0.00 $937,772.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $4,297.35 $8,529.58 $12,826.93 $4,297.35 $8,529.58 $12,826.93 $2,570.00 $1,600.00 $4,170.00 $2,570.00 $1,600.00 $4,170.00 $944,639.35 $10,129.58 $954,768.93 4377 Income Statement Use of Funds Current YTD Current Total Debt Service Debt Service Principal Payment $0.00 $0.00 $0.00 Interest Expense Payment $0.00 ($5,071.11) ($5,071.11) Debt Issue 1 $0.00 $0.00 $0.00 Sinking Fund $0.00 $0.00 $0.00 Issuance Cost $0.00 $0.00 $0.00 Total Debt Service $0.00 ($5,071.11) ($5,071.11) Program Expenses Web Site Updates / Expansion $0.00 $9,950.00 $9,950.00 Printing & Promotional Programs $0.00 $0.00 $0.00 Police Programs $0.00 $0.00 $0.00 Transportation / Trolley $0.00 $0.00 $0.00 Festivals / Events / Bus. Programs $16,653.38 $1,922.64 $18,576.02 High School Project $0.00 $0.00 $0.00 Fagade Grant Program $0.00 $0.00 $0.00 Economic Incentive Program $0.00 $9,750.00 $9,750.00 Miscellaneous Programs $0.00 $0.00 $0.00 Total Program Expenses $16,653.38 $21,622.64 $38,276.02 Project Expenses Riverwalk/ Promanage Project $198,546.70 $84,030.00 $282,576.70 HOB Commercial / Improvements $0.00 $0.00 $0.00 Way -Finding Signage $0.00 $6,729.66 $6,729.66 Marina Parking Garage $0.00 $0.00 $0.00 CBD Parking Site $0.00 $0.00 $0.00 Savage Creatures Complex $0.00 $0.00 $0.00 Miscellaneous Projects $0.00 $0.00 $0.00 Total Projects Expenses $198,546.70 $90,759.66 $289,306.36 General & Administrative Salaries & Contract Labor $23,371.08 $30,941.87 $54,312.95 Payroll Tax $1,147.04 $831.59 $1,978.63 Disability $132.02 $264.04 $396.06 Retirement 457 Plan $0.00 $0.00 $0.00 Accrued Time Off $1,300.61 $2,097.28 $3,397.89 Workers Compensation $120.32 $240.64 $360.96 Health Insurance $1,132.87 $2,977.02 $4,109.89 Life Insurance $144.00 $0.00 $144.00 Professional Fees - Audit $5,900.00 $0.00 $5,900.00 Professional Fees - City Staff $739.81 $796.87 $1,536.68 Professional Fees - Contracted Services $10,225.20 $35,143.89 $45,369.09 Professional Fees - Legal $425.00 $6,786.65 $7,211.65 Professional Fees - Maint. & Cleaning $340.00 $680.00 $1,020.00 Professional Fees - IT Support $0.00 $3,647.50 $3,647.50 Rent Expense $1,120.00 $3,360.00 $4,480.00 Telephone Expense $288.21 $956.07 $1,244.28 Electric Expense $172.51 $399.13 $571.64 Equipment. Leases $686.00 $402.25 $1,088.25 Office Leasehold Improvements $0.00 $0.00 $0.00 4378 4379 Current YTD Current Total Property/ General insurance $68.12 $136.24 $204.36 Bonding Insurance ($30.55) $78.65 $48.10 Professional Insurance $261.85 $523.70 $785.55 Promotional/ Business Meeting $192.65 $65.59 $258.24 CRA Meetin / Presentation $71.30 $148.62 $219.92 Association Meeting $25.00 $30.71 $55.71 Seminars $551.31 $3,656.94 $4,208.25 Mileage & Delivery Serivices $178.26 $47.55 $225.81 Car Allowance Director $415.38 $553.84 $969.22 Office Supplies $1,870.37 $2,094.90 $3,965.27 Office Expense $140.66 $157.86 $298.52 Office Equipment/ Furniture $349.65 $605.16 $954.81 Licenses, Fees, Permits . $0.00 $204.00 $204.00 Membership, Subscriptions $337.10 $621.85 $958.95 Books & Publications $194.50 $0.00 $194.50 Advertising Expense $0.00 $0.00 $0.00 Career Development $381.03 $183.00 $564.03 Office Printing $66.00 $90.00 $156.00 Miscellaneous $60.00 $0.00 $60.00 Depreciation Expense $233.91 $467.82 $701.73 Interest Expense $5.45 $2.00 $7.45 Total General & Administrative $52,756.08 $99,476.09 $151,809.89 Total Application of Funds $267,956.16 $206,787.28 $474,321.16 Fund Sources in Excess of Application $676,683.19 ($196,657.70) $480,447.77 4379 Community Redevelopment Agency of Boynton Beach December 31, 2003 1,500.00 Year To Current YTD 03/04 % of Office Supplies 2003/2004 Date Period Totals Including Budget Budget "otal Office Supplies Budget Totals December Current Month Remaining Remaining Beginning Balance 4,751,917.00 5,207,216.12 5,013,408.38 5,207,216.12 4,751,917.00 100% Revenues 1,250.00 204.00 0.00 204.00 1,046.00 84% TIF Taxes 2,361,158.00 0.00 937,772.00 937,772.00 1,423,386.00 60% Grant Funding 0.00 0.00 0.00 0.00 0.00 N/A Interest Income 75,000.00 8,529.58 4,297.35 12,826.93 62,173.07 83% Other Income 0.00 0.00 0.00 0.00 0.00 N/A Total Revenue 7,188,075.00 8,529.58 942,069.35 950,598.93 1,485,559.07 86% Expenditures 4,500.00 90.00 4380 66.00 156.00 4,344.00 97% Personel Cost 500.00 0.00 60.00 60.00 440.00 880/0 Salary Expense 207,500.00 30,941.87 23,371.08 54,312.95 153,187.05 74% Payroll Taxes 15,563.00 831.59 1,147.04 1,978.63 13,584.37 87% Retirement 457 Plan 9,375.00 0.00. 0.00 0.00 9,375.00 100% Short Term / Long Term Disability 0.00 264.04 132.02 396.06 -396.06 n/a Workers Comp 1,824.00 240.64 120.32 360.96 1,463.04 80% Health Insurance 16,800.00 2,977.02 1,132.87 4,109.89 12,690.11 76% Life Insurance 540.00 0.00 144.00 144.00 396.00 73% Total Personel Cost 251,602.00 35,255.16 26,047.33 61,302.49 190,299.51 76% Professional Services Legal 44,000.00 6,786.65 425.00 7,211.65 36,788.35 84% City Staff 6,000.00 796.87 739.81 1,536.68 4,463.32 74% Contracted Services 170,000.00 35,143.89 10,225.20 45,369.09 124,630.91 73% Audit 7,500.00 0.00 5,900.00 5,900.00 1,600.00 21% Maint. & Cleaning 2,800.00 680.00 340.00 1,020.00 1,780.00 64% I.T. Support 13,360.00 3,647.50 0.00 3,647.50 9,712.50 73% Total Professional Services 243,660.00 47,054.91 17,630.01 64,684.92 178,975.08 73% Office Rent Expense 14,112.00 3,360.00 1,120.00 4,480.00 9,632.00 68% Phone Expense 7,800.00 956.07 288.21 1,244.28 6,555.72 84% Electric Expense 1,875.00 399.13 172.51 571.64 1,303.36 70% Office Total 23,787.00 4,715.20 1,580.72 6,295.92 17,491.08 74% Equipment Leases Expenses 4,356.00 402.25 686.00 1,088.25 3,267.75 75% Insurance Property/ General Insurance 1,438.00 136.24 68.12 204.36 1,233.64 86% Bond/Liability Insurance 350.00 78.65 -30.55 48.10 301.90 86% Professional Insurance 3,900.00 523.70 261.85 785.55 3,114.45 80% Insurance Total 5,688.00 738.59 299.42 1,038.01 4,649.99 82% Travel / Entertainment Expense Promotional/Business Meetings 4,800.00 65.59 192.65 258.24 4,541.76 95% CRA Meeting / Presentation 3,000.00 148.62 71.3 219.92 2,780.08 93% Association Meeting 504.00 30.71 25.00 55.71 448.29 89% Seminars 6,735.00 3,656.94 551.31 4,208.25 2,526.75 38% Mileage & Delivery Services 1,080.00 47.55 184.26 231.81 848.19 79% Car Allowance- Director 3,600.00 553.84 415.38 969.22 2,630.78 73% dotal Travel Expenses 19,719.00 4,503.25 1,439.90 5,943.15 13,775.85 70% )ffice Supplies Office Expense 1,500.00 157.86 140.66 298.52 1,201.48 80% Office Supplies 7,500.00 2,094.90 1,870.37 3,965.27 3,534.73 47% "otal Office Supplies 9,000.00 2,252.76 2,011.03 4,263.79 4,736.21 53% .icenses, Books, Publication Licenses, Fees, Permits 1,250.00 204.00 0.00 204.00 1,046.00 84% Memberships, Subscriptions 3,316.00 621.85 337.10 958.95 2,357.05 71% Books & Publication 500.00 _ 0.00 194.50 194.50 305.50 61% otal Licenses, Books, Publication 5,066.00 825.85 531.60 1,357.45 3,708.55 73% Avertising & Public Notices 4,000.00 0.00 0.00 0.00 4,000.00 100% areer Development 4,000.00 183.00 381.03 564.03 3,435.97 86% )ffice Printing Expense 4,500.00 90.00 4380 66.00 156.00 4,344.00 97% liscellaneous Expense 500.00 0.00 60.00 60.00 440.00 880/0 Principal Payment 134,925.23 0.00 0.00 0.00 134,925.23 100% Interest Expense 182,372.73 -5,071.11 0-00 -5,071.11 187,443.84 103% Debt Issue 1 200,000.00 0.00 0.00 0.00 200,000.00 100% Sinking Fund 20,000.00 0.00. 0.00 0.00 20,000.00 100% ince Cost 60,000.00 0.00 0.00 0.00 60,000.00 -100% 1 _, Debt Service 597,297.96 -5,071.11 0.00 -5,071.11 602,369.07 101% Operating Expense 1,173,175.96 90,949.86 50,733.04 141,682.90 1,031,493.06 88% 4381 4382 Year To Current YTD 03/04 % of 2003/2004 Date Period Totals Including Budget Budget Budget Totals December Current Month Remaining Remaining PROGRAMS '= Office Equipment/ Furniture 2,500.00 605.16 349.65 954.81 1,545.19 62% Office Leasehold Improvements 1,500.00 0.00 0.00 0.00 1,500.00 100% Web Site Update/ Expansion 10,000.00 9,950.00 0.00 9,950.00 50.00 1% Printing & Promotional Programs 17,500.00 0.00 0.00 0.00 17,500.00 100% Police Central Business District 175,000.00 0.00 0.00 0.00 175,000.00 100% Heart of Boynton 175,000.00 0.00 0.00 0.00 175,000.00 100% Total Police 350,000.00 0.00 0.00 0.00 350,000.00 100% Transportation / Trolley 150,000.00 0.00 0.00 0.00 150,000.00 100% Festivals/ Events/Bus. Program 50,000.00 322.64 14,083.38 14,406.02 35,593.98 71% Fagade Grants 100,000.00 0.00 0.00 0.00 100,000.00 100% EconomicDevelopment Grants 50,000.00 9,750.00 0.00 9,750.00 40,250.00 81% PROJECTS Riverwalk/ Promanade Projects 2,150,000.00 84,030.00 198,546.70 282,576.70 1,867,423.30 87% High School Task Force Project 0.00 0.00 0.00 ..0.00 0.00 0% HOB Commercial / Improvements 600,000.00 0.00 0.00 0.00 600,000.00 100% Way -Finding Signage 50,000.00 6,729.66 0.00 6,729.66 43,270.34 87% Marina Parking Garage 1,050,000.00 0.00 0.00 0.00 1,050,000.00 100% CBD Parking Site 1,750,000.00 0.00 0.00 0.00 1,750,000.00 100% Savage Creatures Complex 75,000.00 0.00 0.00 0.00 75,000.00 100% Miscellaneous Projects 50,000.00 0.00 0.00 0.00 50,000.00 100% TOTALS EXPENSES 7,629,675.96 202,337.32 263,712.77 466,050.09 7,163,625.87 Total Reserve Balance Before Debt -441,600.96 5,013,408.38 5,691,764.96 5,691,764.96 -926,149.80 Proposed Bonds 2,000,000.00 0.00 0.00 0.00 2,000,000.00 TOTAL RESERVE BALANCE 1,558,399.04 5,013,408.38 5,691,764.96 5,691,764.96 1,073,850.20 4382 STATEMENT OF CASH FLOWS 1EGINNING CASH BALANCE REVENUES TIF Taxes West Palm Beach County $ 937,772.00 Total Tif Taxes $937,772.00 Interest Income SunTrust Bank Interest $ 4,297.35 Total Interest Income $ 4,297.35 TOTAL REVENUES EXPENDITURES Salaries Expense Douglas Hutchinson $ 2,786.37 Douglas Hutchinson $ 2,808.29 Douglas Hutchinson $ 2,346.75 Somerville CDC $ 461.54 Susan Vielhauer $ 1,452.57 Susan Vielhauer $ 1,452.57 Susan Vielhauer $ 1,452.57 Annette Gray $ 1,312 22 Annette Gray $ 1,312 22 Annette Gray $ 1,312.22 Garine Ghazarian $ 780.08 Garine Ghazarian $ 780.08 Garine Ghazarian $ 821.60 Total Salaries Expense $ 19,079.08 Payroll Tax Expense 941 Deposits $ 4,109.44 Total Payroll Tax Expense $ 4,109.44 Health Insurance Expense Aetna Health Insurance $ 1,202.10 Comp Dent Corporation $ 38.22 Total Health Insurance Expense $ 1,240.32 Life Insurance Expense Void first check $ (34.00) 1st Colony Insurance $ 101.16 1st Colony Insurance $ 13.68 1st Colony Insurance $ 29.16 Total Life Insurance Expense $ 110.00 ST / LT Disability Principal Financial Group $ 132.02 Total ST / LT Disability $ 132.02 Professional Fees - City Staff The City of Boynton Beach $ 357.31 Total Professional Fees- City Staff $ 357.31 rofessional Fees - Contracted AR Funding $ 9,000.00 RMPK Group $ 357.31 Total Professional Fees - Contracted $ 9,357.31 4383 $ 4,986,716.42 $ 942,069.35 Professional Fees - Legal Goren, Cherof, Doody & Ezrol PA $ 425.00 Total Professional Fees - Legal $ 425.00, Professional Fees - Maint. & Cleaning Green Team Pest Control $ 20.00 Stiles Landscaping $ 170.00 Cleaning Systems Inc. $ 150.00 Total Professional Fees - Maint. & Cleaning $ 340.00 Professional Fees - IT Support Total Professional Fees - IT Support $ - Rent Expense Gene Moore rent for Jan $ 1,120.00 Total Rent Expense $ 1,120.00 Electric FPL $ 208.92 Total Electric Expense $ 208.92 Telephone Cingular Wireless $ 68.21 Bell South $ 220.00 FDN $ 187.75 Total Telephone Expense $ 475.96 Car Allowance Director Douglas Hutchinson $ 415.38 Total Car Allowance Director $ 415.38 Promotional / Business Meetings Sun Trust - Meetings $ 53.59 Petty Cash - Meeting Lunch with Mr Finkelstein $ 14.00 Petty Cash - Meeting at Office $ 3.99 Total Promotional / Business Meetings $ 71,58 Association Meeting Petty Cash - Chamber Ecomonic Meeting $ 10.71 Total Association Meetings $ 10.71 Seminars Michelle Hoyland $ 178.35 American Experss Hotel in Fort Myers for Group $ 256.00 Suntrust $ 116.93 Total Seminars $ 551.28 Mileage & Delivery Federal Express $ 131.25 ICSC Book Postage $ 7.00 Total Mileage & Delivery $ 138.25 Licenses, Fees, Permits Total Licenses, Fees, Permits $ _ Membership, Subscriptions Sun Sential $ 87.10 The Chamber of Commerce $ 250.00 Total Membership, Subscriptions $ 337.10 Bond Insurance 4384 Harvey Oyer, Jr Insurance Refund $ (62.97) Total Bond Insurance Office Expense SunTrust - Office Supplies Aqua Springs & Coffee Total Office Expense Euipment Rental Imagistics for November & December Total Equipment Rental Office Supplies Office Depot Sold Disk Total Office Supplies Books, Publication ICSC Petty Cash- WPB Boynton Article Total Books Publication Carrer Development Suntrust - ULI FGFOA Total Carrerr Development Miscellaneous Sister Cities - Holiday Flowers for Office Total Miscellaneous Festivals / Events/ Bus. Pro/ Banners The City of Boynton Beach BODA BODA Sponsorship Total Festivals / Events/ Bus. Pro/ Banners Way- Finding Signage Guidance Pathway System Total Way -Finding Signage High School Project Fed Express Michael Landmon Bender & Assoicates Total High School Project Riverwalk / Promenade/ BBB Extension Burkhardt Construction, Inc. Total Riverwalk / Promenade/ BBB Extension TOTAL EXPENDITURES "ITAL REVENUES OVER EXPENDITURES TOTAL RESERVE BALANCE BEFORE DEBT 4385 $ 60.00 $ 60.00 $ 7,500.00 $ 1,000.00 $ 7,500.00 $ (2,570.00) $ 13,430.00 $ 6,729:66 $ 6,729.66 $ 31.91 $ 500.00 $ 46,000.00 $ 46,531.91 $198,546.70 $198,546.70 $ 306,624.21 $ 635,445.14 $ 5,622,161.56 $ (62.97) $ 43.59 $ 52.50 $ 96.09 $ 686.00 $ 686.00 $ 1,651.62 $ (53.22) $ 1,598.40 $ 149.95 $ 24.75 $ 174.70 $ 244.06 $ 110.00 $ 354.06 $ 60.00 $ 60.00 $ 7,500.00 $ 1,000.00 $ 7,500.00 $ (2,570.00) $ 13,430.00 $ 6,729:66 $ 6,729.66 $ 31.91 $ 500.00 $ 46,000.00 $ 46,531.91 $198,546.70 $198,546.70 $ 306,624.21 $ 635,445.14 $ 5,622,161.56 TO: CRA Board FROM: Susan Vielhauer SUBJECT: Motion to Accept Audit Report for 2002-2003 DATE: December 29, 2003 Upon the completion of the independent audit, the CRA Auditors. have issued their audit report on the CRA financial statements for the year ended 2003. The independent auditor's report expresses an unqualified opinion, which is defined as an opinion that states that the financial statements are presented fairly in all material respects. In addition, the financial position and operations are conforming with Generally Accepted Accounting Principles (GAAP). Staff is recommending approval of the Audit Report for 2002-2003. BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY INDEPENDENT AUDITOR'S REPORTS, BASIC FINANCIAL STATEMENTS AND REQUIRED SUPPLEMENTARY INFORMATION For the Year Ended September 30, 2003 DUFRESNE & ASSOCIATES, CPA, PA 357 STILES AVENUE POST OFFICE BOX 1179 ORANGE PARK, FLORIDA 32073 (904) 278-8980 PHONE (904) 278-4665 FAX 4387 BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY TABLE OF CONTENTS FOR THE YEARS ENDED SEPTEMBER 30, 2003 PAGE INDEPENDENT AUDITOR'S REPORT I REQUIRED SUPPLEMENTARY INFORMATION: Management's Discussion and Analysis (MD&A) 3 BASIC FINANCIAL STATEMENTS: Government -wide Financial Statements: Statement of Net Assets 8 Statement of Activities 9 Governmental Fund Financial Statements: Balance Sheet 10 Reconciliation of the Balance Sheet to the Statement of Net Assets 11 Statement of Revenues, Expenditures and Changes in Fund Balances 12 Reconciliation of the Statement of Revenues, Expenditures and . Changes in Fund Balances to the Statement of Activities 13 Notes to Financial Statements 14 REQUIRED SUPPLEMENTARY INFORMATION: Budgetary Comparison Schedule 21 ADDITIONAL ELEMENTS REQUIRED BY THE RULES OF THE AUDITOR GENERAL: Report on Compliance and on Internal Control Over Financial Reporting 23 Management Letter 25 357 STILES AVENUE ORANGE PARK, FLORIDA 32073 TELEPHONE: 904 278-8980 FACSIMILE: 904 278-4665 DUFRESNE 8 ASSOCIATES, CPA, PA CERTIFIED PUBLIC ACCOUNTANTS MAILING ADDRESS: POST OFFICE BOX 1179 ORANGE PARR, FLORIDA 32067-1179 E-MAIL: DUFRESNEPA@AOL.COM December 12, 2003 INDEPENDENT AUDITORS' REPORT To the Board of Directors Boynton Beach Community Redevelopment Agency 1003 THIRD STREET NORTH JACKSONVILLE BEACH, FLORIDA 32250 TELEPHONE: 904 270-8820 FACSIMILE: 904 270-8821 We have audited the accompanying financial statements of the governmental activities of the Boynton Beach Community Redevelopment Agency (the "-CRA"), a component unit of the City of Boynton Beach, Florida, as of and for the year ended September 30, 2003, which collectively comprise the CRA's basic financial statements as listed in the table of contents. These financial statements are the responsibility of the CRA's management. Our responsibility is to express opinions on these financial statements based on our audit. We conducted our audit in accordance with auditing standards generally accepted in the United States of America and the standards applicable to financial audits contained in Government Auditing Standards, issued by the Comptroller General of the , United States of America. Those standards require that we plan and perform the audit to obtain reasonable assurance about whether the financial statements are free of material misstatement. An audit includes examining, on a test basis, evidence supporting the amounts and disclosures in the financial statements. An audit also includes assessing the accounting principles used and significant estimates made by management, as well as evaluating the overall financial statement presentation. We believe that our audit provides a reasonable basis for our opinions. In our opinion, the basic financial statements referred to above present fairly, in all material respects, the respective financial position of the governmental activities of the CRA as of and for the year ended September 30, 2003, and the respective changes in financial position thereof for the year then ended in conformity with accounting principles generally accepted in the United States of America. In accordance with Government Auditing Standards, we have also issued a report dated December 12, 2003 on our consideration of the CRA's internal control over financial reporting and our tests of its compliance with certain provisions of laws, regulations, contracts and grants. That report is an integral part of an audit performed in accordance with Government Auditing Standards and should be read in conjunction with this report in considering the results of our audit. As discussed further in the notes to the basic financial statements, the accompanying basic financial statements reflect certain changes in the presentation of financial data required as a result of the implementation of GASB Statement No. 34 for the year ended September 30, 2003. 4389 -1- The management's discussion and analysis and the budgetary comparison schedule ark not a required part of the basic fmancial statements but are supplementary information required by the Governmental Accounting Standards Board. We have applied certain limited procedures, which � consisted principally of inquiries of management regarding the methods of measurement and presentation of the required supplementary information. However, we did not audit the information and express no opinion on it. J4'ct� -r a4--d-� X(P A -(PA Dufresne 8v Associates, CPA, PA 4390 0 MANAGEMENT'S DISCUSSION AND ANALYSIS (Unaudited) The Boynton Beach Community Redevelopment Agency's (the "CRA") management's discussion and analysis (MD&A) is designed to provide an objective and easy to read analysis of the financial activities based on currently know facts, decision, and conditions. The MD&A provides a broad overview and short-term and long-term analysis .of the CRA's activities based on information presented in "the financial statements. Specifically, this information is designed to assist the reader in focusing on significant financial issues, provide an overview of the CRA's financial activity, and identify changes in the CRA's financial position and its ability to " address the next year's challenges. Finally, the MD& A will identify any material deviations from the approved budget. This is the first year of designation for the CRA as an independent agency for the City of Boynton Beach. The CRA has presented its financial statements in accordance with the new reporting model required by Governmental Accounting Standards Board Statement No. 34, Basic Financial Statements - and Management's Discussion and Analysis - for State and Local Governments (Statement No. 34). This new reporting model significantly changes not only the presentation of financial data, but also the manner in which the information is recorded. In addition, Statement No. 34- requires the presentation of certain comparative information for the current and prior year within the MD&A. However, because this is the first year presenting information under the reporting standards, comparative information for prior years was not available. Thus, the CRA is implementing this model in the first year of reporting financial data. The information contained in this MD&A is only a component of the entire financial statement report. Readers should take time to read and evaluate all sections of the report, including the footnotes and other supplementary information provided. FINANCIAL HIGHLIGHTS The CRA began the fiscal with a net asset balance of $2,932,416. The CRA's total revenues were $1,410,076, while total expenses were $1,046,691. • The CRA has increased net assets by $363,385. The CRA's total "investment in capital asset projects was $880,809. These investments included the purchase of the Relax Inn property. OVERVIEW OF THE FINANCIAL STATEMENTS The CRA's basic financial statements are comprised of the 1) Government -Wide Financial Statements, 2) Fund Financial Statements, and 3) notes to the financial statements. This report also contains other supplementary information in addition to the basic financials statements themselves. 4391 -3- Government -Wide Financial Statements The Government -Wide Financial Statements provide readers with a broad overview of the CRA's finances, in a manner similar to a private -sector business. In addition, the government -wide statements are prepared using the accrual basis of accounting. The statement of net assets (Balance Sheet) presents information on the CRA's assets and liabilities, with the difference between two reported balances as Fund Balance General Fund and the Change in Fund Balance. The statement of activities (Income Statement) presents information showing how the CRA's net revenues changed during the most recent fiscal year. All changes in net revenues are reported as soon as underlying events giving rise to the change occurs regardless of the timing of related cash flows. The expenses are reported in this statement for some items that will only result in cash flows in future fiscal periods. The Government -Wide Financial Statements present functions of the CRA that. are principally supported by tax increment financing (governmental activities). The governmental activities of the CRA include general government activities and redevelopment projects. Thus, the CRA has no business -type activities. The Government -wide financial statements, are found on pages 8-9 of this report Fund Financial Statements The Fund Financial Statements provide readers with an overview of each fund and its related function in a traditional format. A fund is a grouping of related .accounts that maintain control over resources that are segregated for specific activities or objectives. The CRA, like other state and local governments, uses fund accounting to ensure and demonstrate legal compliance with finance -related legal requirements. The CRA utilized only one fund, the General Fund, which is a governmental fund and accounts for all financial resources of the CRA. Governmental funds are used to account for essentially the same functions reported as governmental activities in the government -wide financials statements. However, unlike the government -wide financial statements, the governmental fund financials statements focus on near-term inflows and outflows of spendable resources, as well as on balances of spendable resources available at the end of the fiscal year. Such information may be useful in evaluating a government's near-term financing requirements The focus of governmental funds is narrower than government -wide financial statements, and it is therefore useful to compare the information presented for governmental funds with similar information presented for governmental activities in the Government -Wide Financial Statements. By comparing and contrasting, readers may better understand the long-term impact of the CRA's near term financing decisions. Bath the governmental fund balance sheet and the governmental fund statement of revenue, expenditures, and changes in fund balances provide a reconciliation of facilitate this comparison between the governmental fund and governmental activities. 4392 N The CRA adopts an annual appropriated budget for its General Fund. A budgetary comparison schedule provided for the General Fund demonstrates compliance with this budget. The basic governmental fund financial statements can be found on pages 10 and 12 of this report as well as the reconciliations between the governmental funds and governmental activities found on pages 11 and 13. Notes to the Financial Statements The notes provide additional information that is essential to a full understanding of the data provided in the Government -Wide and the Fund Financial Statements. These notes to the financial statements are located beginning on page 14 of this report. In addition to the basic financial statements and accompanying notes, this report also presents certain required supplementary information concerning the CRA's budget to actual results for the General Fund for the current year. The required supplementary information canbe found on page 21 of this report. GOVERNMENT -WIDE FINANCIAL ANALYSIS As noted earlier, net assets may serve over time as a useful indicator of a government's financial position. In the case of the CRA, assets exceeded liabilities by $3,295,801 at the close of the most recent fiscal year. However, the largest portion of the CRA's total assets 85% is reflected in its cash and cash equivalent accounts. The CRA will use this cash asset for economic redevelopment; consequently, this asset is available for future spending on redevelopment and repayment of the related debt. CRA Net Assets at September 30, 2003 Assets Current assets $ 5,212,257 Capital assets 880,809 Total assets 6,093,066 Liabilities Long term liabilities 2,759,607 Other liabilities _ 37,658 Total Liabilities 2,797,265 Net assets Invested in capital assets 880,809 Unrestricted 2,414,992 Total net assets $ 3,223955-, Rn 1 4393 -5- CRA assets are unrestricted indicating the CRA will have assets available for future projects. The CRA has increased its net assets by $363,385 during the current fiscal year. The substantially increase represents the degree to which increase in tax increment revenues have outpaced similar increases in ongoing expenses. Governmental Activities Governmental activities increased the CRA's net assets by $363,385. Key elements of this increase are as follows. CRA Changes in Net Assets for the Year Ended September 30, 2003 Revenues General Revenues Tax increment revenues $ 1,330,409 Other revenues 79,667 Total Revenues 1,410,076 Expenses General government 389,888 Redevelopment projects 462,299 Interest on Long -Term Debt 194.503 Total Expenses 1;046,690 Increase in net assets 363,386 Net assets beginning of year 2,932,416 Net assets end of year 3,295.802 Tax increment revenues increased by $982,449 during fiscal year 2003. Tax increment revenue increases are a product of increases in property values in the CRA's redevelopment area. In addition, increase in general government expense is directly due to the creation of an independent CRA with offices, staff, equipment, and supplies. General Budgetary highlights During the year, staff made three requests for budget transfers within categories. However, revenues did not meet budgetary estimates by $344,971 due to a duplication error by the Palm Beach County Tax Appraiser's office discovered at the final tax roll documentation. The computer error was corrected by the Palm Beach County Tax Appraiser's office. The CRA budgeted $100,000 for the Facade Grant Program, which was an existing program obtained from the City of Boynton Beach. The CRA approved the following recipients to receive the Facade Grant: • High Ridge Properties $15,000 • Grace Fellowship Church $15,000 • Boynton Boundless LLC $15,000 • Fred n Joes Automotive $30,000 4394 -6- In addition, the CRA assumed the Development Regions Core Grant Program, which was in jeopardy of being lost to the City of Boynton Beach. The CRA Board approved the program and assumed two recipients Innovative Windows, Inc. and Yellow Beard Inc. d/b/a Boynton Seafood. The CRA has also moved forward with several projects; Riverwalk/Promenade/ Boynton Beach Boulevard Extension project, a Way -Finding Sign program, and Boynton Beach Boulevard District Redevelopment Plan Update and Design Guidelines. Finally, expenditures were less than budgetary estimates by approximately $1,224,895, which was attributable to the timing of planned redevelopment projects. Capital Assets and Debt Administration Capital Assets The CRA purchased the Relax Inn property as part of the Riverwalk/Promenade/ Boynton Beach Boulevard Extension project. Long Term Debt The CRA has a Note Payable with Bank of America initiated on September 20, 2001 for $3,000,000, together with interest on the principal balance outstanding at the rate per annum of 6.56% per annum based upon a year of 360 days for the actual number of days elapsed. The principal and interest on this Note are payable in thirty equal installments of $158,649.14 each, due March 20 and September 20, commencing March 20, 2002. This loan is considered paid in full September 20, 2016. Economic Factors and Next Years, Budget and Rates The CRA Board approved the 2003-2004 budgets, which included projections through 2008. Tax Increment Revenues projections were based upon actual tax appraiser's office 2003 values and the projections of projects coming on line between the years of 2003 and 2008. In addition, the CRA Tax Increment income was derived from two factors: first the "New Construction" within the district, which was generated off new projects. Secondly, the CRA captured the difference between the 2002 base evaluation and the new appraised value for these new construction projects. The second area of tax revenue generation is from appreciation within the CRA district, which was substantial at 14.2%. The CRA has appropriated approximately $1.1 million for general operations, $731,500 for programs, and $5.7 million for projects for the fiscal year 2003-2004. Requests for Information This financial report is designed to provide a general overview of the CRA's finances for all those with an interest in the government's finances. Questions concerning any of the information provided in this report or requests for additional, information should be addressed to the Executive Director at 639 E. Ocean Ave. Suite 107, Boynton Beach, Florida 33435. 4395 -7- BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY STATEMENT OF NET ASSETS SEPTEMBER 30, 2003 GOVERNMENTAL ACTIVITIES ASSETS Cash and cash equivalents $ 5,206,894 Accounts receivable 1,206 Prepaids 4,157 Capital assets Land 869,210 Depreciable capital assets, net 11,599 TOTAL ASSETS 6,093,066 LIABILITIES Accounts payable 22,674 Accrued salaries and benefits 9,912 Accrued interest payable 5,0.71 Long-term liabilities: Due within one year 135,994 Due in more than one year 2,623,613 2,759,607 TOTAL LIABILITIES NET ASSETS Invested in capital assets Unrestricted TOTAL NET ASSETS See notes to financial statements. 4396 NI 2,797,264 880,809 2,414,993 $ 3,295,802 BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY STATEMENT OF ACTIVITIES FOR THE YEAR ENDED SEPTEMBER 30, 2003 FUNCTIONS /PROGRAMS GOVERNMENTAL ACTIVITIES: General government Redevelopment projects Interest on long-term debt TOTAL See notes to financial statements. PROGRAM REVENUES CHARGES FOR EXPENSES SERVICES OPERATING CAPITAL GRANTS AND GRANTS AND CONTRI- CONTRI- BUTIONS BUTIONS $ 389,888 $ _ 462,299 194,503 $ 1,046,690 $ - $ _ $ _ GENERAL REVENUES Tax increment revenue . Interest and other income TOTAL GENERAL REVENUES CHANGE'IN NET ASSETS NET ASSETS - October 1, 2002 NET ASSETS - September 30, 2003 4397 in $ (389,88 (462,29 (194; 50• 1,330,40! 1,410,07f 363,38E 2,932,416 $ 3,295,802 BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY BALANCE SHEET - GOVERNMENTAL FUND SEPTEMBER 30, 2003 See notes to financial statements 4398 -10- GENERAL FUND ASSETS Cash and cash equivalents $ 5,206,894 Accounts receivable 1,206 Prepaids 4,157 TOTAL ASSETS $ 5,212,257 LIABILITIES AND FUND BALANCES LIABILITIES Accounts payable $ 22,674 Accrued salaries and benefits 9,912 TOTAL LIABILITIES 32,586 FUND BALANCES Unreserved 5,175,514 Reserved for Prepaids 4,157 TOTAL FUND BALANCES 5,179,671 TOTAL LIABILITIES AND FUND BALANCES $ 5,212,257 See notes to financial statements 4398 -10- BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY RECONCILIATION OF THE BALANCE SHEET TO THE STATEMENT OF NET ASSETS GOVERNMENTAL FUND SEPTEMBER 30, 2003 FUND BALANCE - TOTAL GOVERNMENTAL FUND Amounts reported for governmental activities in the statement of net assets are different because: Capital assets used in governmental activities are not reported in the governmental fund. Capital assets - net Long-term liabilities are not reported in the governmental fund. Compensated Absences Accrued interest Note Payable NET ASSETS OF GOVERNMENTAL ACTIVITIES See notes to financial statements. 4399 -11- $ 5,179,671 880,809 (7,262) (5,071) (2,752,345) $ 3,295,802 BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY STATEMENT OF REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCE - GOVERNMENTAL FUND FOR THE YEAR ENDED SEPTEMBER 30, 2003 REVENUES Tax increment revenue Interest and other income TOTAL REVENUES General government Current Fixed Capital Outlay Total General Government Redevelopment projects Debt Service: Principal Retirement Interest TOTAL EXPENDITURES EXCESS OF EXPENDITURES OVER REVENUES FUND BALANCES, Beginning of Year FUND BALANCES, End of Year See notes to financial statements. $ 380,506 9,337 4400 -12- GENERAL FUND $ 1,330,409 79,667 1,410,076 . 389,843 1,331,509 127,867 189,431 2,038,650 (628, 574) 5,808,245 $ 5,179,671 BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY RECONCILIATION OF THE STATEMENT OF REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCES TO THE STATEMENT OF ACTIVITIES - GOVERNMENTAL FUND FOR THE YEAR ENDED SEPTEMBER 30, 2003 NET CHANGE IN FUND BALANCES - TOTAL GOVERNMENTAL FUND $ (628,574) Amounts reported for governmental activities in the statement of activiites are different because: Governmental funds report capital outlay expenditures. However, in the statement of activities, the cost of those assets is depreciated over their estimated useful lives. Expenditures for capital assets 878,547 Less current year depreciation expense (2,121) Repayment of principal is an expenditure in the governmental funds, but the repayment reduces long-term liabilities in the statement of net assets. Principal payments 127,867 Some expenses reported in the statement of activities do not require the use of current financial resources and, therefore, are not required as expenditures in governmental funds. Change in Long-term Compensated Absences (7,262) Interest on long-term debt in the statement of activities differs from the amount reported in the governmental funds because interest is recognized as an expenditure in the funds when it is due, and thus requires use of current financial resources. In the statement of activities, however interest expense is recognized as the interest accrues, regardless of when it is due. (5,071) CHANGE IN NET ASSETS OF GOVERNMENTAL ACTIVITIES 4401 -13- $ 363,386 BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY NOTES TO FINANCIAL STATEMENTS SEPTEMBER 30, 2003 1. SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES The accounting policies of the Boynton Beach Community Redevelopment Agency (the "CRA") conform to generally accepted accounting principles as applicable to governments. The following is a summary of the more significant policies. A. Reporting Entity The CRA is a dependent special district established by the City of Boynton Beach, Florida under the authority granted by Florida Statute 163, Section, III. The purpose of the CRA is to promote and guide physical and economic redevelopment in the City of Boynton Beach. The CRA is a legally separate entity established by Ordinance number 83-41 of the City of Boynton Beach on December 20, 1983. The CRA has adopted Governmental Accounting Standards Board Statement No. 14 (GASB 14), the Financial Reporting Entity, for the purpose of evaluating its component unit financial statements. Based on the criteria in GASB 14, the CRA has determined that there are no units that meet criteria for inclusion in the Agency's financial statements. B. Reporting Model Effective for the year ended September 30, 2003, the CRA implemented Governmental Accounting Standards Board (the "GASB") Statement No. 34, Basic Financial Statements - and Management's Discussion and Analysis -for State and Local Governments. Certain significant changes required by the statement include: A Management's Discussion and Analysis (MD&A) section, which provides an analysis of the CRA's overall financial position and results of operations. • Financial statements prepared using the full accrual accounting for all the CRA's activities. Government -wide Financial Statements The statement of net assets and the statement of activities report information on all of the activities of the CRA. Governmental activities are reported separately from business -type activities, which rely on fees charged to external parties as their primary revenues. The CRA has no business -type activities. The statement of net assets reports the CRA's financial position as of the end of the fiscal year. In this statement, the CRA's net assets are reported in three categories: invested in capital assets, net of related debt; restricted net assets; and unrestricted net assets. 4402 ,A BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY NOTES TO FINANCIAL STATEMENTS SEPTEMBER 30, 2003 1. SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES (continued) B. Reporting Model (continued) The statement of activities presents a comparison between direct expenses and program revenues for each function of the CRA. Direct expenses are those that are clearly identifiable with a specific function. Program revenues include charges for services that are directly related to a given function and grants and contributions that are restricted to meeting the operational or capital requirements of a particular function. Tax increment revenue and other items not meeting the definition of program revenue are reported instead as general revenue. Fund Financial Statements The CRA utilized only one fund, the General Fund, which is classified as a governmental fund and accounts for all financial resources of the CRA. The governmental fund statement includes reconciliations with brief explanations to better identify the relationship between the government -wide statements and the statement for the governmental fund. C. Measurement Focus and Basis of Accounting The government -wide financial statements are reported using the economic resources measurement focus and the accrual basis of accounting. Revenues are recorded when earned and expenses are recorded when a liability is incurred, regardless of the timing of related cash flows. The governmental fund financial statements are reported using the current financial resources measurement focus and the modified accrual basis of accounting. Revenues are recognized as soon as they are both measurable and available. Revenues are considered to be available when they are collectible within the current period or soon enough thereafter to pay liabilities of the current period. For this purpose, the CRA considers revenues to be available if they are collected within 60 days of the end of the current fiscal period. Expenditures generally are recorded when the related fund liability is incurred. However, debt service expenditures, as well as expenditures related to compensated absences and claims and judgments, are recorded only when payment is due. D. Cash and Cash Equivalents Cash and cash equivalents consist of petty cash and deposits with financial institutions qualified as public depositories under Florida, law. All deposits are insured by federal depository insurance and/or collateralized with securities held in Florida's multiple financial institution collateral pool as required by Chapter 280, Florida Statutes. 4403 -15- BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY NOTES TO FINANCIAL STATEMENTS SEPTEMBER 30, 2003 1. SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES (continued) E. Capital Assets and Depreciation Capital assets are defined by the CRA as assets with an initial, individual cost of $1,000 or more and an estimated useful life of more than one year. These assets are recorded at historical cost. Donated capital assets are recorded at estimated fair value at the date of donation. Capital assets are depreciated using the straight-line method over the assets' estimated useful lives of all reported capital assets, except land and land improvements. The estimated useful life of furniture, fixtures and equipment is five to seven years. F. Revenue Sources Tax increment revenues are the primary source of revenue for the CRA. Tax increment revenue is collected from two governmental entities that levy property taxes within the legally defined redevelopment area of the CRA, which are the City of Boynton Beach and Palm Beach County. G. Compensated Absences It is the CRA's policy to permit employees to accumulate earned but unused vacation and sick pay benefits. Employees may, depending on their level of service be paid for various amounts of their total accrued leave upon termination or retirement. The CRA accrues a liability for leave hours that meet the criteria for payment at the eligible employees' current rates of pay. H. Long-term Liabilities All long-term debt and other long-term obligations are reported in the government - wide financial statements. In the fund financial statements, long-term liabilities are not reported in the governmental funds because governmental funds use the current financial resources measurement focus. I. Net Assets Net assets represent the difference between assets and liabilities and are reported in three categories as hereafter described. Net assets invested in capital assets, net of related debt, represent capital assets, net of accumulated depreciation and any outstanding debt related to those assets. Net assets are reported as restricted when there are legal limitations imposed on their use by legislation, or external restrictions imposed by other governments, creditors, or grantors. Unrestricted net assets are net assets that do not meet the definitions of the classifications previously described. When both restricted and unrestricted resources are available for use, it is the CRA's policy to use restricted resources first, and then unrestricted resources as they are needed. 4404 BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY NOTES TO FINANCIAL STATEMENTS SEPTEMBER 30, 2003 1. SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES (continued) J. Budgets and Budgetary Accounting An annual budget is adopted on the modified accrual basis of accounting, consistent with generally accepted accounting principles. Amendments to the budget can only be made with the approval of the Board of Directors. The fund is the legal level of control. K. Use of Estimates The preparation of financial statements in conformity with generally accepted accounting principles requires management to make various estimates. Actual results could differ from those estimates. 2. CASH AND CASH EQUIVALENTS At September 30, 2003 the CRA's cash and cash equivalents included deposits with fmancial institutions with a bank balance of $5,212,571 and $500 of petty cash. 3. CAPITAL ASSETS Capital asset activity for the year ended September 30, 2003 was as follows: Balance at Balance at Beginning of End of Year Additions Deletions Year Capital assets not being depreciated: Land $ - $ 869,210 $ - $ 869,210 Depreciable capital assets Furniture, fixtures and equipment 4,383 9,337 - 13,720 Total depreciable capital assets 4,383 9,337 - 13,720 Less accumulated depreciation (1) Depreciable capital assets, net of accumulated depreciation Total capital assets 2,121 - 2,121 4,383 7,216 - 11,599 $ 4,383 $ 876,426 $ - $ 880,809 (1) Current year. depreciation expense is equal to accumulated depreciation. 4405 W&A BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY NOTES TO FINANCIAL STATEMENTS SEPTEMBER 30, 2003 4. LONG-TERM LIABILITIES A summary of changes for the current fiscal year follows: The CRA is a party to a promissory note to Bank of America, N.A. at 6.56% interest, payable in thirty semi-annual installments. Debt service requirements to maturity are as follows: Fiscal Year End September 30, 2004 2005 2006 2007 2008 2009-2013 2014-2016 Total 5. RISK MANAGEMENT Principal Balance at Balance at Due Due $ 317,298 Beginning of End of Within One After One 1.61,738 Year Additions Deletions Year Year Year Compensated 140,395 317,299 1,083,005 503,486 Absences $ - $ 7,262 $ - $ 7,262 - $ 7,262 Note Payable 2,880,212 - 127,867 2,752,345 135,994 2,616,351 Total $ 2,880,212 $ 7,262 $ 127,867 $ 2,759,607 $ 135,994 $ 2,623,613 The CRA is a party to a promissory note to Bank of America, N.A. at 6.56% interest, payable in thirty semi-annual installments. Debt service requirements to maturity are as follows: Fiscal Year End September 30, 2004 2005 2006 2007 2008 2009-2013 2014-2016 Total 5. RISK MANAGEMENT Principal Interest Total $ 135,994 $ 181,304 $ 317,298 145,708 171,590 317,298 155,560 1.61,738 317,298 166,079 151,219 317,298 176,904 140,395 317,299 1,083,005 503,486 1,586,491 889,095 110,013 999,108 $ 2,752,345 $1,419,745 $4,172,090 The CRA is exposed to various risks of loss related to torts, theft of, damage to, and destruction of assets; errors and omissions; injuries to employees; and natural disasters. The CRA purchases commercial insurance for the risks of loss to which it is exposed. Policy limits and deductibles are reviewed by management and established at amounts to provide reasonable protection from significant financial loss. Settlements did not exceed insurance coverage for the current fiscal year. 4406 BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY NOTES TO FINANCIAL STATEMENTS SEPTEMBER 30, 2003 6. COMMITMENTS AND CONTINGENT LIABILITIES A. Lease Commitments The CRA leases buildings and equipment under noncancelable operating leases. Future minimum rental payments as of September 30, 2003 required by these leases are as follows: 2004 $ 17,556 2005 4,116 2006 _ 2007 _ 2008 _ Thereafter 21,672 Rental costs for the year ended September 30, 2003 approximated $16,000. B. Facade Grant Program The CRA established a Facade grant program in an effort to promote the redevelopment of the facades of existing businesses located in the City of Boynton Beach. The program offers businesses a $15,000 matching grant to improve the facades of their businesses. At September 30, 2003, the CRA had committed $60,000 for facade grants. For the year ended September 30, 2003 the CRA closed and disbursed $15,000 for facade grants. C. Grants Amounts received by the CRA from grantor agencies are subject to audit and adjustment by those agencies. Any disallowed claims, including amounts already received,, might constitute a liability of the CRA for return of those funds. At September 30, 2003 the CRA had committed $66,000 in matching grant funds from a Palm Beach County grant to create at least nineteen full-time jobs in Palm Beach County. 7. RELATED PARTY TRANSACTIONS The CRA is a component unit of the City of Boynton Beach, Florida. For the year ended September 30, 2003 the CRA's tax increment revenues include $835,629 received from the City. The CRA reimbursed the City for certain costs such as recording services, information technology services, and festival expenses during the year. Total payments to the City for the year ended September 30, 2003 were $20,120. 4407 -19- REQUIRED SUPPLEMENTARY INFORMATION 4408 -20- BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY BUDGETARY COMPARISON SCHEDULE FOR THE YEAR ENDED SEPTEMBER 30, 2003 Variance with 4409 -21- Final Budget Budgeted Expenditures Actual Positive Original Final Expenditures (Negative) REVENUES Tax increment revenue $ 1,675,380 $ 1,330,409 $ 1,330,409 $ _ Hall property transfer 385,000 _ _ Interest and other income 15,000 77,900 79,667 1,767 Total revenues $ 2,075 380 $ 1,408,309 $ 1,410,076 $ 1,767 EXPENDITURES General government Salaries and benefits 196,295 187,341 187,243 98 Professional services 149,800 176,800 108,862 67,938 Occupancy 50,340 27,460 .22,098 5,362 Equipment leases 3,600 3,600 3,651 (51) Insurance 6,050 10,300 4,704 5,596 Travel 8,850 18,150 14,408 3,742 Licences, books, & publications 2,500 5,250 5,492 (242) Advertising 4,000 4,000 1,412 2,588 Career development 750 2,750 2,196 554 Printing 26,250 28,250 2,915 25,335 Miscellaneous 500 500 276 224 Office supplies and equipment 21,800 35,556 35,230 326 Office leasehold improvements 35,000 3,000 1,356 1,644 Total general government '505,735 502,957 389,843 113,114 Redevelopment projects Festivals/events/seminars 50,000 50,000 23,030 26,970 Facade grants 100,000 100,000 15,000 85,000 Economic incentive grants 100,000 100,000 - 100,000 Relax Inn purchase and demolition 1,100,000 886,136 886,065 71 Riverwalk/Promenade project 950,000 1,032,200 388,966 643,234 MLX Commercial 250,000 250,000 3,400 246,600 Way -Finding Signage 25,000 25,000 14,549 10,451 High School project program - Total redevelopment projects 2,575,000 - 21443,336 499 1,331,509 (499) 1,111,827 Debt service Principal payments - 130,640 127,867 2,773 Interest expense - 186,658 189,431 (2,773) Total debt service - 317,298 317,298 - Total expenditures $ 3,080,735 $ 3,263,591 $ 2,038,650 $ 1,224,941 4409 -21- ADDITIONAL ELEMENTS REQUIRED BY THE RULES OF THE AUDITOR GENERAL 4410 -22- DUFRESNE G ASSOCIATES, CPA, PA CERTIFIED PUBLIC ACCOUNTANTS MAILING ADDRESS: POST OFFICE BOX 1179 ORANGE PARR. FLORIDA 32067-1179 E-MAIL: DUFRESNEPA@AOL.COM 357 STILES AVENUE 1003 THIRD STREET NORTH ORANGE PARR, FLORIDA 32073 JACKSONVILLE BEACH, FLORIDA 32250 TELEPHONE: 904 278-8980 TELEPHONE: 904 270-8820 FACSIMILE: 904 278-4665 FACSIMILE: 904 270-8821 December 12, 2003 INDEPENDENT AUDITOR'S REPORT ON COMPLIANCE AND ON INTERNAL CONTROL OVER FINANCIAL REPORTING BASED ON AN AUDIT OF FINANCIAL STATEMENTS PERFORMED IN ACCORDANCE WITH GOVERNMENT AUDITING STANDARDS To the Board of Directors Boynton Beach Community Redevelopment Agency We have audited the accompanying combined financial statements of the CRA as of and for the year ended September 30, 2003, and have issued our report thereon dated December 12, 2003. We conducted our audit in accordance with auditing standards generally accepted in the United States of America and standards applicable to financial statement audits contained in Government Auditing Standards, issued by the Comptroller General of the United States. COMPLIANCE As part of obtaining reasonable assurance about whether the CRA's financial statements are free of material misstatement, we performed tests of its compliance with certain provisions of laws, regulations, and contracts, noncompliance with which could have a direct and material effect on the determination of financial statement amounts. However, providing an opinion on compliance with those provisions was not an objective of our audit, and accordingly, we do not express such an opinion. The results of our tests disclosed no instances of noncompliance that are required to be reported herein under Government Auditing Standards. INTERNAL CONTROL OVER FINANCIAL REPORTING In planning and performing our audit of the financial statements of the CRA for the year ended September 30, 2003, we considered the CPA's internal control over financial reporting in order to determine our auditing procedures for the purpose of expressing our opinion on the financial statements and not to provide assurance on internal control over financial reporting. Our consideration of the internal control over financial reporting would not necessarily disclose all matters in the internal control over financial reporting that might be material weaknesses. A material weakness is a condition in which the design or operation of one or more of the 4411 -23- internal control components does not reduce to a relatively low level the risk that misstatements in amounts that would be material in relation to the financial statements being audited may occur and not be detected within a timely period by employees in the normal course of performing their assigned functions. We noted no matters involving the internal control over financial reporting and its operation that we considered to be material weaknesses. This report is intended for the information of the CRA. This restriction is not intended to limit the distribution of this report, which is a matter of public record. aq(- �-,vs i Dufresne & Associates, CPA, PA 4412 -24- DUFRESNE 8 ASSOCIATES, CPA, PA CERTIFIED PUBLIC ACCOUNTANTS MAILING ADDRESS: POST OFFICE BOX 1179 ORANGE PARR, FLORIDA 32067-1179 E-MAIL: DUFRESNEPA@AOL.COM 357 STILES AVENUE ORANGE PARR, FLORIDA 32073 TELEPHONE: 904 278-8980 FACSIMILE: 904 278-4665 December 12, 2003 MANAGEMENT LETTER To the Board of Directors Boynton Beach Community Redevelopment Agency 1003 THIRD STREET NORTH JACKSONVILLE BEACH, FLORIDA 32250 TELEPHONE: 904 270-8820 FACSIMILE: 904 270-8821 We have audited the basic financial statements of the CRA, a component unit of the City of Boynton Beach, as of and for the fiscal year ended September 30, 2003, and have issued our report thereon dated December 12, 2003. We have also issued our report on compliance and on internal control over financial reporting. That report should be considered in conjunction with this management letter. We conducted our audit in accordance with auditing standards generally accepted in the United States of America and the standards applicable to financial audits contained in Government Auditing Standards, issued by the Comptroller General of the United States. Additionally, our audit was conducted in accordance with the provisions of Chapter 10.850, Rules of the Auditor General, which require that we address certain compliance and other matters in the management letter, if not already addressed in the auditor's report on compliance and internal control. The communications required by the Rules of the Auditor General are as follows. The Rules of the Auditor General require disclosure in the management letter of the following matters if not already addressed in the Independent Auditor's Report on Compliance and Internal Control Over Financial Reporting: (1) violations of laws, rules, regulations, and contractual provisions that have occurred, or are likely to have occurred; (2) improper or illegal expenditures; (3) improper or inadequate accounting procedures; (4) failures to properly record financial transactions; and (5) other inaccuracies, shortages, defalcations, and instances of fraud discovered by, or that come to the attention, of the auditor. Our audit for the year ended September 30, 2003 disclosed no such matters that are required to be disclosed. The Rules of the Auditor General require disclosure in the management letter if not already addressed in the Independent Auditor's Report on Compliance and Internal Control over Financial Reporting, whether or not inaccuracies, shortages, defalcations, fraud, and/or violations of laws, rules, regulations, and contractual provisions reported in the preceding financial audit report have been corrected. The CRA did not have an individual audit for the prior year. 4413 -25- OTHER REQUIRED INFORMATION Based on the criteria specified in 218.503(1) Florida Statutes, nothing came to our attention to cause us to believe that the CRA is, or during the fiscal year ended September 30, 2003 was, in a state of financial emergency as defined in the Statutes. We applied our own financial condition assessment procedures. The results of our procedures disclosed no matters that are required to be reported. The CRA is in compliance with Section 218.415, Florida Statutes, regarding the investment of public funds. The CRA has been classified as a dependent special district for the purpose of filing the annual financial report with the Department of Banking and Finance pursuant to Section 218.32, Florida Statutes. Accordingly, the CRA does not file a separate annual financial report with the state. Instead, the CRA's annual financial information will be included in the annual financial report of the City of Boynton Beach for the year ended September 30, 2003. This management letter is intended solely for the information and use of the Board of Directors and management of the CRA, the City of Boynton Beach, and regulatory agencies and is not intended to be and should not be used by anyone other than these specified parties. Thank you and your staff for the cooperation and courtesies extended to us during the course of the audit. Please let us know if you have any questions or comments concerning this letter, our accompanying reports, or other matters. Dufresne 8& Associates, CPA, PA 4414 TO: CRA Board FROM: Susan Vielhauer SUBJECT: Consideration of the Health Insurance for CRA Staff DATE: December 15, 2003 As per the Human Resources manual, Section 6-10, Staff has reviewed the Health Insurance options for the Boynton Beach CRA, which renews its health insurance on March 1, 2004. Staff researched several insurance companies, but there were very few who would insure small groups. Moreover, Health Insurance increased by 12.5% instead of the 5%, which staff had projected as per the advice of the insurance industry. In addition, the Staff hired for the Secretary position is the second highest age bracket for Health Insurance. Staff has attached a spreadsheet with several plans offered by Aetna Health Insurance Company. Aetna Health Insurance Company will insure small groups and is the current provider for the CRA. Currently, there is $16,800 in the Health Insurance Budget Line item for the 2003-2004 budget year. Staff has calculated the cost of each plan, which includes the dollars spent between October 1 and December 31, 2003 as follows: HMO $15,881 POS 1 (POS) $19,650 POS 2 (POS) $17,801 FI Choice (PPO) $20,141 4520 Thus, staff is recommending retaining the current HMO system for $15,881. N O Om O m 'o ccl 0 Q. m W O of O r E9 O m Wtoto> j M O O O W D Dbp m U c N 1-- p OCD O Cl 10 c Or N m Lf) IT �Lo O = fAOfAC) �� � NCO o� O O 5CgM C) Lo , C%40 N N 60 = E c O c O COCOOLO . C) O po�pEi>QN mCl N t C%4 6%6410 MC'S N`r�} c H 0500 MOOrcr Z �m�Mm 04mC'4 >m J LL t5 M M 6`9 cm E9 mtM�� v, X b�T9 64 N O U 69 N d r o 0 0 0. m '0p 0 OL m o W o�p r 69 N N ��� v c «� p o c N U O OC�N�OmO -a O N >0�000 Nig tV 0 N a) 6q��= OCD ��. N C SOV 0) pAN ti N tr) U �� Oo Or<N p69Q6f) Q �ONNr6�a 6gNFH6Ht0�� N���} c O(ODO EZ Mtn VNCDO 01: r �• CA u7 MEA O O ` CN CV to en NEA . • n M p r c•> M st N v J V' N M N CN �69 ONES, �CH r faN U a — o O C) m 'II 0 m o m O 1 O O r 69 m � 7 O th Cl N 0` c .O N :C D 12 0) m O O O O c N co QQMOmoE �� o 00 N�Cn>�0�0�0 G E N m to p0 O=_ rMU' C5 M d ZZpEAQN �N.�O OOO�NcOr NN��NEAEAMMO C�>�NO O ��' 6`RO� O O r- U)airG M rp��N0y-N m cm MCDOr aLR}'t EZ NMNMM r tt� p 64�N m M N 0 _ ER 69 6 N� O� m CA N CL O c 0 W O p O O p O Cl ` m m p O QQMtomO t LO •�loO Ntott> >�tn�OO O N �� CD C m �.Gocn _ ONco 0 a ZZ pN� 64 >NC%j 6 U) W NO p OY c� N 6\9�� pm0 O O Z `-_co M�tNt� OCOviCi O MEAQCq 64> mCL �6q� �� yQ ERM Vp to r 69Lo Ntf> O to NEA ,969 O O 6N9 XN 0 69 N a — O Oc Or m m m 'Om C cl U vi p — O C) N NOON i O cr30 0 U r 0 - c---- IT CO m0 >O-0 >O m m m m W m MrNtnu> Q = ZZO69QN O LO E9 'ON Q to EA �O6NA�r EA to C-4elz ti �OZ C CA� C C C C C C CDN(C)IT OCD tp I� I� C07 O 04 N to N N to 69 m m N N N N N N co M N th C7 r to O ` to CN us r m NN O -p O O g O O 0 69 O O U N U U U Q 0 0 N a S� C a a 0 UL m m 0 o w- n m w a o 0, m m m E m c m o c t +a+ E -)e O o V m m m cl O U o U o U •� w c 00 U m d v� O Ua W CX E Caw W _ mw a� m Np � W c 4521 Ai •O y 'En m O (_ O O p U m� > W Ck 0 N p C_i E O E Y 0 LLc°Ji •O 3 7 L M� Y �CL m Y L M c m m U 7 0� U O U W �' c 0 �+ m ++ lY c p m '� m m z } U c> m (li +++ 7 U U "O O X m y y = m c W Y C 4) O N c X m 1 0 .N .F+ W Ca C O y d N C C) c m m W m m o U w N N m c 02 Om ` O UO AM -W mX N Q m U m N 7mC W 7c 7 mCmm O QZ Oc U.0 mOZ)cr WDU2at/com w2wam00:3O �L 0a0< 3100 U(nQOcm L% H Z BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY MEMORANDUM TO: CRA Board Members FROM: Lindsey A. Payne, CRA Board Attorney Z,4p DATE: December 24, 2003 RE: Boynton Beach Community Redevelopment Agency ("CRA")/First Amendment to Agreement for Legal Services The Amendment to the Agreement for Legal Services is being proposed only to add .an hourly fee for paralegal services. No fee had previously been set and it came up in doing the Boynton Seafood title work. The proposed fee is $05.00 per hour which is the firm's government rate for paralegals. Your approval is requested. LAP/j a \\JGCDE_FS\LIBRARY\1998\980465\2003 MEMOS\First Amendment to Agmt for Legal Svcs..doc 4522 AMENDMENT Attorney -Client Fee Contract THIS IS A FIRST AMENDMENT TO AGREEMENT, dated the day of , 2003, between: THE BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY, hereinafter referred to as "Client", and GOREN, CHEROF, DOODY, & EZROL, P.A., a Professional Association, authorized to do business in the State of Florida, hereinafter referred to as the "Counsel", In consideration of the mutual terms and conditions, promises, covenants and payments hereinafter set forth, CLIENT and COUNSEL agree as follows: Section 1. The Original Agreement entered into on April 25, 2000, shall remain in full force and effect except as specifically amended hereinbelow. Section 4. The PARTIES hereto agree to amend RATE SCHEDULE as follows: A. Identification Client: Boynton Beach Community Redevelopment agency Matter: Counseling the CRA B. Hourly rates $125.00 / hour Law Clerks $50.00 / hour Paralegal $95.00 C. Standard Charges We charge for our time in minimum units of .10 hours. D. Costs and expenses In -office photocopying .35/page Telefacsimile Transmittal 10.00 E. Subject to change 4523 The rates on this schedule are subject to change on 30 days written notice. It is expressly understood that any incidental or out-of-pocket. costs incurred by Counsel are covered by the total compensation and are not to be billed separately. Invoices received from the "Counsel" pursuant to this agreement will be reviewed and approved by the Controller, indicating that services have been rendered in conformity with the agreement. IN WITNESS OF THE FOREGOING, the parties have set their hands and seal the day and year first written above. GOREN, CHEROF, DOODY, & EZROL BOYNTON BEACH CLIENT COUNSEL, P.A. By: Witness: 4524 By: Name & Chairman Witness: Page 2 of 2 LAP/ja C:\I)ocuments and Settings\vielhauers.CrrY\My Documents\legal\LEGAL Contract(Amendment).doc MEMO To: CRA Board From: Douglas Hutchinson Date: January 5, 2004 Subject: AR Funding Legal Item It You have been supplied with proposed legal documents concerning the AR Funding Issue. These documents are: Proposed Hold Harmless from both the CRA and the Director, Director disciplinary action memo and promissory note. 4552 V. Public Audience 4415 Any person who decides to appeal any decision of the Community Redevelopment Board with respect to any matter considered at this meeting will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. The CRA shall furnish appropriate auxiliary aids and services where necessary to afford an individual with a disability an equal opportunity to participate in and enjoy the benefits of a service, program, or activity conducted by the CRA. Please contact Douglas Hutchinson at 561-737-3256 at least twenty-four hours prior to the program or activity in order for the CRA to reasonably accommodate your request. VI. Public Hearing 4416 Any person who decides to appeal any decision of the Community Redevelopment Board with respect to any matter considered at this meeting will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. The CRA shall furnish appropriate auxiliary aids and services where necessary to afford an individual with a disability an equal opportunity to participate in and enjoy the benefits of a service, program, or activity conducted by the CRA. Please contact Douglas Hutchinson at 561-737-3256 at least twenty-four hours prior to the program or activity in order for the CRA to reasonably accommodate your request. DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 03,286 TO: Chairman and Members REQUEST: Community Redevelopment Agency THRU: Michael Rumpf- Applicant: Director of Planning and Zoning FROM: Eric Lee Johnson, AICP Location: Planner DATE: November 26, 2003 PROJECT. Boynton Delray Academy / COUS 03-008 REQUEST: Conditional Use approval for a charter school. Property Owner: �RO]ECT DESCR PTIAN. Mr. Keith D. Dem Applicant: Mr. Keith D. Dem Agent: Advanced Mr. Marty Madura with Advanced Modular Structures Inco rporated Location: comer of Martin Luther King, Jr. Boulevard and Railroad Avenue (see Exhibit "A" — Location Map) Exisdng Land Use/Zoning: Medium Density Residential (MDR) / Single and Two-family Residential 2) and Neighborhood Commercial (C-2) (R- Proposed Land Use/Zoning: No change proposed Proposed Use: Charter school Acreage: 36,055 square feet 4 / (0.87 -acre) Adjacent Uses: North: Right -of --way for Northeast 11'" Avenue, then farther north is vacant residential property zoned R-2; South: Right-of-way for Northeast 10"' Avenue, then farther south is developed commercial property (King's Cafo) zoned C-2, East: Right-of-way for Railroad Avenue, then farther east is right-of-way for the Florida East Coast Railroad 4417 Boynton Delray Academy- COUS 03-008 Page 2 Memorandum No. PZ 03-286 West: Vacant commercial and residential properties zoned C-2 and R-2. I Mr. Marty Madura, agent for the applicant is requesting conditional use approval for a charter school on the subject property. According to the applicant;, the charter school would teach up to 125 students, grades six (6) through nine (9). The subject property is comprised of two (2) parcels, which are dissected by a five (5) foot wide alley that runs east and west. The applicant has submitted a concurrent request to abandon this alley (ABAN 03-012). The property also contains two (2) different zoning districts, namely R-2 and C-2. The survey shows that the northern parcel is 18,449 square feet in area. This parcel is zoned R-2. The survey also shows that the southern parcel Is comprised of three (3) lots. All of these lots are zoned C-2. Therefore, when both parcels are combined In conjunction with the area gained by the (proposed) abandoned alley, the total property size would equal 36,055 square feet or 0.87 acre In area. All lots would be joined together by Unity of Title. Likewise, approval of this project Is contingent upon the approval of the accompanying request to. abandon the alley (see Exhibit "C" — Conditions of Approval). A charter school Is a permitted use In the C-2 zoning district but would be considered as a conditional use in the R-2 zoning district. The developer would not be allowed to circumvent the conditional use / public hearing process by constructing the charter school. building on the C-2 parcel (where its a permitted use and no public hearing would be required) and have its supporting parking areas on the R- 2 parcel. Also, since the underlying land use designation for both parcels is Medium Density Residential (MDR), it is unlikely that staff would support a request to rezoned the R-2 parcel from R-2 to a commercial zoning district. Therefore, In order to build a charter school and parking areas on the subject properties, the applicant is required to request conditional use approval. By and large, the buildingis proposed on the southern parcel while the parking areas is proposed on the northern parcel. According to the applicant, completion of the modular. 'building would be accomplished within one (1) phase. � � � � ��_- - t � cos , r �.,•1��-zs�s��»���i�� Section 11.2.1) of the Land Development Regulations contains the following standards to which conditional uses are required to conform. Following each of these standards is the Planning and Zoning Division's evaluation of the application as It pertains to standards. The Community Redevelopment Agency Board and City Commission shall consider only such conditional uses as are authorized under the terms of these zoning regulations and, In connection therewith, may grant conditional uses absolutely or subject to conditions Including, but not limited to, the dedication of property for streets, alleys, recreation space and sidewalks, as shall be determined necessary for the protection of the surrounding area and the citizens' general welfare, or deny conditional uses when not In harmony with the Intent and purpose of this section. In evaluating an application for conditional use approval, the Board and Commission shall consider the effect of the proposed use on the general health, safety and welfare of the community and make written findings certifying that satisfactory provisions have been made concerning the following standards, where applicable: 4418 Boynton Delray Academy- COUS 03-008 Page 3 Memorandum No. PZ 03-286 1. Ingress and egress to the subject property and proposed structures thereon, with particular reference to automobile and pedesMan safety and convenience, traffic flow and control, and. access In case of fire or catastrophe. The projectproposes one (I) polnt ofingress and one (1) point of egress The entrance Is proposed on Northeast IP Avenue and the exit Is proposed on Rallroad Avenue. The entrance would be 12 feet In wldtfi and the exit would be 14.5 feet In widtfi. A sldewalk would be required wltfiin the rights-of-way along Rallnoad A venue and also along Marlin Lulfier King Boulevard. 2. Off-street parking and loading areas where required, with particular attention to the Items in subsection above, and .the economic, glare, noise, and odor effects the conditional use will have on adjacent and nearby properties, and the city as a whole. Required parking for the charter school /s based on tfie following methodology,• One 1. area spade per 500 square feet of dassrnom fibor area, Including floor area ofshops The site p/ n (SR.1� tabular data Indicates that 6,201 square feet of dassroom area is proposed, therefore, 13 panning spades would be requ/red. The project provides 16 parking spaces, Induding one (1) spade designated for handicap use. All spades would be d/mens/oned nine (9) feet In width by 18 feet In length, except for the hand/cap space, whldh would be 12 feet In WOM with five (5) foot wide stfping area by 18 feet In length. The vehicular backup area would be 25 feet In HYM A loading zone/student drop-off area is proposed near the handl ap access ramp along Railroad Avenue. The Englneering DnIslon endorsed this design concept due to the s&e eonsftInt of the sub ecGro It must be noted Mata school bus would be stored on-site after hours Itis probable at the school bus would not be able to fit WMIn the confines of any of the proposed parkFng stalls, The applicant has informed staff that there is no need to have a large space for a school bus because they would use a smaller type of bus because many of the students would either walk or be dropped off at the School, 3. Refuse and service areas, with particular reference to the items In subsection 1 and 2 above. The S&e plan (SP -1) shows a dumpster endosure Is proposed on the northem parse/ along the west property line. However, no dumpsier enclosure detail was provided! ds Therefore, n that the exterior frnlsh of the enclosure match that of the re+qulred buffer wall and the calor match either the buffer wall or file main color of the bul/ding (see Exhibit nC-_ Conditions ofApprovag. 4. Utilities, with reference to locations, availability, and compatibility Consistent with Comprehensive Plan polldes and dty regulations, al/ uffifies, Including potable water and san&&Tsewer are avallable for this project. 5. Screening, buffering and landscaping with reference to type, dimensions, and character. Commerda/ properires abutt'ng other eommerda/ propert'es do not require a buffer wall Neliher do northern pdenff1 Prope es abutting other resldentfal prt�pert fms regardless of the use. In this case, the par rel, whldh Is zoned R-2 abuts another R-2 zoned lot (to the west), vo buffer wall would be required. However, the landscape plan shows that a buffer wall, s/x (6) feet in 17elgh4 Is proposed along the west property /Ire of the northem par rel The presentee of the wall would almost certaln/y eliminate the negative impact of a eommerrial panting lot proposed w/thln a resldental 4419 Boynton Delray Academy- COUS 03-008 Page 4 Memorandum No. PZ 03-286 neighborhood. Staff endorses the proposed wall. However, no detall drawings of the wall were submitted with Me site plan package. Therefore, at the time of permiitng, the applicant would be required to submit a detail of the wall, whlch would be subject to revlew_ and approval of the Planning & Zoning Dlvlslon, Also, staff recommends that the dolor of the wall be -the same or compatible with the dumpster endosure and the bullding (see Exh/b/t `1C"- Conditions ofApprovaq. On the southern parcel, the landscape plan proposes $ix (6) Sabal palm trees along Railroad Avenue. Normally, staff' would recommend dustwing Me trees However, the plan shows that these trees would be installed at min/mum 30 feet /n height. The landscape plan also shows a row of Silver Buttonwood hedges are proposed along the east property line of the southern parcel, It appears that these hedges would be continued along the eastproper tyline of the northern parcel as well. In addition to the aforementioned shrubs, the east landscape buffee of Me northern parcel would contaln 24 Ixora Nora Grant and 80 Bush Allamanda. Three (3) Yellow Tabebula trees would also be preserved w/th/n thls buffer. Four (4) Sabal Palm trees are proposed along Mariln Luther nng Jr.. Boulevard Again, these bees would be instal/ed at 30 feet /n helght. A row of Sliver Butfnnwood hedges Is proposed at the base of the tees The landscape plan proposes to contfnue the Sliver Buttonwood hedges along the west property line of the southern pard. Two unknown trees would be preserved whl/e four (4) Sweet Mahogany frees would be Installed. No rows of hedges are proposed along the west property line of the northern parcel because the proposed buffer wall would screen the parking lot from the residential lot to the west, However, staff recommends that a row of 24 -Inch tall hedges be installed along the base of the wall on its east slde. The developer may choose the spedes provided that the 5096 native sees Am/tation Is ma/ntalned throughout the project (see Exhibit "C" - CondlVons of Approval) ' Five (5) Sweet Mahogany trees are proposed just east of the wall. Four (4) Live Oak trees, a row of RedUp Coeop/um hedges, Bush Allamanda and Ixora Nora Grant are proposed in the northern landscape buffer along Northeast 1P Avenue. Th/s buffer would screen the parking lot from the dght-of-way, A "drainage swa/e"ls proposed near Me buffer, 6. Signs, and proposed exterior lighting, with reference to glare, traffic safety, economic effect, and compatibility and harmony with adjacent and nearby properties. No signs are proposed at this time. The developer understands that any fixture signage would require a major site plan modification, subject to review and approval of the Community Redevelopment Agency Board and CIty Commisslon. The exterior lightfng Is such that meets m/n/mum code requirements and would not produce glare on nelghbodng properties 7. Required setbacks and other open spaces. No bullding is proposed on the northern parza% therefore, no R-2 zoning district sethadcs would apply. The proposed bullding would meet all setback requirements of the G2 zoning d/st7d: The bullding would be situated both eight (8) feet from the east (slde) and south (front) property /Ines along the fights -of -way. Normal/y, the G2 zoning dish-Ict requires the building to be setback 20 feet from the street side and 30 feet from the front line. However, the subject property lies a th/n the 4420 Boynton Delray Academy- COUS 03-008 Page 5 Memorandum No. PZ 03-286 Marfan Luther IGng Boulevard Overlay Zone. The mmomum street s/de and front setback would be 12 feet. The s1ze of the chlldrens play area would be regulated by the State ofRorfda. 8. General compatibility with adjacent property and other property in the zoning district. The CSty previously Idenfftled a segment of Marffn Luther nng 1r. Boulevard as an area In need or redevelopment and revitalization. Thls conYdor /s to contaln an amblance supported by,p/easant s/gnage and bul/ding appearance, potted landscap/ng, store windows, and public open spaces Acavrrfing to the app/Ican 'rite school Is already located at 900 North Seact Bou/evarra; whlci Is near the subject property'; The propoer Heart of Boynton Master plan & Schematic Desygns calls for a two (2) to three (3) story mored --use (retal// office / res/dent/al) bul/ding to be constructd on the subject property (see Exhlbit "D"— Heart of Boynton Master Plan), 7171s wou/d not be cons/stent with the proposed use. 9. Height of building and structures, with reference to compatibility and harmony to adjacent and nearby properties, and the city as a whole. The rnax/mum allowable building height In the G2 zoning district Is 25 feed not to exceed two (2) stories However, propertyes located Wttyre MaAYn Luther King Boulevard Oven'ay, such as th/s, may have building helghts of up to 30 feet. According to the elevations, the proposed modular but/ding /s designed as a one (t) -story structure and would be at most✓ 19 feet — two (2) Inches In helght. 7h1s would easily comply with both the zoning district and overlay's height /Im/falions. 10. Economic effects on adjacent and nearby properties, and the city as a whole. Acrarding to the applicant 'a community Is only as strong as /ts weakest /ink. This targeted audience has been /dentfffed /n mldd/e schoo/based on suspensions, refers/s, retention, attendance, grade point average, and discipline reporhs The shrcfents become our fi ture juvenl/e detention deta/nees, prison Inmates, perpetrators, and manaces to our sodety, Our goal /s to Identify and asslst these OWIdren while they are m/dd/e school students Many of our SWdents are not seeking in become 'Yal/uresn'however, these are the hands they were dealt as a result ofbables having babies, drug Infested households, AIDS Infected parents, not to mention that 47% of our student are being ralsed by grandparents Last population math gains and were frtih 50' /n read/n Such a Isolatedmedup onak�sbhWon/ap/e appears to/ e t T answer to such a significant weak /Ink", g Ppears tb be the Although staff appreciates the aarter schoo/s past accolades and current efforts to reener�fze a disadvantaged student popu/anon, lite proposed use would not be considered the highest and best use for the subject property, Staff would have prefemed a use and Intensity more conslstLnt *ft what /s endorsed /n the Heart of Boynton s Redevelopment Plan. However; cnnslden+ng the overall positive Impact that the school would make to the Immed/ate vldnlfy, the ecaonomlc effect would only be positive on adjacent and neighboring prnpef tles. The app//cant Is absolutely correct In the statement; "a eommun/ty /s only as .strong as /ts weakest link", W11h a charter school the md community would only get stronger. Since the Overlay's zoning regulations are s lbr redevelopment and revrta/izatfon efforts, staff hopes that as the charter srh / eW nd � the properly owner would be Indined to remove the modular bul/ding and build "upryand .0 as muds as the code would allow. 4421 Boynton Delray Academy- COUS 03-008 Page 6 Memorandum No. PZ 03-286 11. Conformance to the standards and requirements which apply to site plans, as set forth in Chapter 19, Article II of the City of Boynton Beach Code of Ordinances. (Part III Chapter 4 Site Plan Review). With incorporation of staff` comments, the proposed project would comply w1th all requirements of applicable sections of city code. The applicant must submit a trafTic impact statement to ensure that the local roadways can support the charter school use In terms of traffic concurrency purposes No bullding permits may be Issued until the Palm Beach County TrafTic DIvIslon review and approves (fie project (see Exhibit "C"'— Conditions ofApproval). 12. Compliance with, and abatement of nuisances and hazards In accordance with the performance standards within Section 4.N. of the Land Development Regulations, Chapter 2; also, conformance to the City of Boynton Beach noise Control Ordinance. Wdh incorporation of all conditions and staff` recommendations cbntalned hereln, the proposed use would operate in a manner that Is in compliance with the above -referenced codes and ordlnances of the CrfyofBoynton Beach. Based on the discussions contained herein, compliance with development regulations, and the consistency with the Comprehensive Plan, staff recommends that this request be approved subject to satisfying all conditions of approval as contained In Exhibit "C" — Conditions of Approval. Also, approval of this site plan is contingent upon the approval of the accompanying abandonment request (ARAN 03- 012). Furthermore, pursuant to Chapter 2 — Zoning, Section 11.2 Conditional Uses, a time limit is to be set within which the proposed project is to be developed. Staff recommends that a period of one (1) year be allowed to obtain a building permit for this project (see Exhibit "C" — Conditions of Approval). ELJ SM—h8MA RMVMR0fi S D.Ir &. 4422 =lk h 0 1; ff.! 0 ; wi w n ir A I MO I iTA F±I-z I A A �1 8 CL MRa� —iR '° go S 4424 w O W 12 l*► O 2 EXHIBIT 9 EXHIBIT Mgp an .....................I..,. fit I. 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I I 1+ , I 1 - -- 11 1.1 1 1 ! � A P} 1 I I ! 1 1 , 1 E t t 1 1 1 1 t I1 It 1 1 il+1 i T �� 1 •.r,� I r� S 1 1 I 1 1 j 11 1 1 + 1 ml 4429 I fff R $ i' ! I 1 I ' I � I j I ! i •� � � �I FLOOR PLANS 111 z EXHW- T "B z a I 0 N Y u 0 N I a CAHWIT •BN 4431 EXHIBIT "C" Conditions of Approval Project name: Boynton Delray Academy File number: COUS 03-008 Reference: 2d review clans identified as a Conditional Use with a November 18 2003 Planning and Zoning Department date stamp marking DEPARTMENTS INCLUDE REJECT PUBLIC WORKS — General Comments: None PUBLIC WORKS — Traffic Comments: 1. Provide a traffic analysis and notice of concurrency (Traffic Performance Standards Review) from Palm Beach County Traffic Engineering. 2. Provide additional right-of-way along the east property line so that the sidewalk is within the public right-of-way. 3. Provide appropriate signing at the intersections of NE 1 lfl` Ave./Railroad Ave. and MLK Blvd./Railroad Ave. designating this a one-way southbound roadway. 4. Provide additional right-of-way along the north property line and widen the roadway to a minimum paved width of 24 feet and place the sidewalk within the public right-of-way in accordance with Standard Detail P-1. ENGINEERING DIVISION Comments: 5. All comments requiring changes and/or corrections to the plans shall be reflected on all appropriate sheets. 6. Please note that changes or revisions to these plans may generate additional comments. Acceptance of these plans during the TRC process does not ensure that additional comments may not be generated by the Commission and at permit review. 7. Sidewalks adjacent to parking lots shall be continuous through all driveways and shall be six (6) inches thick within driveways (LDR, Chapter 23, Article II, Section P). 8. Full drainage plans in accordance with the LDR, Chapter 6, Article IV, Section 5 will be required at the time of permitting. 4432 9. All engineering construction details shall be in accordance with the applicable City of Boynton Beach Standard Drawings and the "Engineering Design COA 12/17/03 DEPARTMENTS INCLUDE REJECT Handbook and Construction Standards" and will be reviewed at the time of construction 2ermit a lication. UTILITIES Comments: 10. Palm Beach County Health Department permits may be required for the water and sewer systems serving this project (CODE, Section 26-12). A building permit for this project shall not be issued until this Department has approved the plans for the water and/or sewer improvements required to service this project, in accordance with the CODE, Section 26-15. 11. Fire flow calculations will be required demonstrating the City Code requirement of 1,500 g.p.m. as stated in the LDR, Chapter 6, Article IV, Section 16, or the requirement imposed by insurance underwriters, whichever is greater CODE, Section 26-16 12. The CODE, Section 26-34(E) requires that a capacity reservation fee be paid for this project either upon the request for the Department's signature on the Health Department application forms or within 30 days of site plan approval, whichever occurs first. This fee will be determined based upon final meter size, or expected demand. 13. Comprehensive Plan Policy 3.C.3.4. requires the conservation of potable water. As other sources are readily available City water shall not be allowed for irrigation. 14. Water and sewer lines to be owned and operated by the City shall be included within utility easements. Please show all proposed easements on the engineering drawings, using a minimum width of 12 feet. 15. This office will not require surety for installation of the water and sewer utilities, on condition that the systems be fully completed, and given to the City Utilities Department before the first permanent meter is set. Note that setting of a permanent water meter is a prerequisite to obtaining the Certificate of Occupancy. 16. The LDR, Chapter 3, Article IV, Section 3.0 requires Master Plans to show all utilities on or adjacent to the tract. The plan must therefore show the point of service for water and sewer, and the proposed off-site utilities construction needed in order to service this project. 17. The LDR, Chapter 3, Article IV, Section 3.P requires a statement be included that (all other) utilities are available and will be provided by the appropriate agencies. This statement is lacking on the submitted plans. 4433 COA 12/17/03 DEPARTMENTS INCLUDE REJECT 18. PVC material not permitted on the City's water system. All lines shall be DIP. 19. Appropriate backflow preventer(s) will be required on the domestic water service to the building, and the fire sprinkler line if there is one, in accordance with the CODE, Section 26-207. 20. Water service to the site will not be allowed from the existing 20 -inch water main in Railroad Avenue. Service shall be via the existing 6 -inch water main located on the south side of Martin Luther King Boulevard. 21. All utility construction details shall be in accordance with the Utilities Department's "Utilities Engineering Design Handbook and Construction Standards" manual (including any updates); they will be reviewed at the time of construction Rermit application. FIRE Comments: None POLICE Comments: None BUILDING DIVISION Comments: 22. Buildings, structures and parts thereof shall be designed to withstand the minimum wind loads of 140 mph. Wind forces on every building or structure shall be determined by the provisions of ASCE 7, Chapter 6, and the provisions of 2001 FBC, Section 1606 (Wind Loads). Calculations that are signed and sealed by a design professional registered in the state of Florida shall be submitted for review at the time of permit application. Sheet E-1 — Light poles shall also be designed for compliance with wind load requirement of 2001 FBC, Section 1606. 23. CBBCPP 3.C.3.4 requires the conservation of potable water. City water may not, therefore, be used for landscape irrigation where other sources are readily available. Indicate water source on the plan. 24. A water -use permit for the irrigation system is required from the SFWMD. A copy of the permit shall be submitted at the time of permit application, F.S. 373.216. 25. At time of permit review, provide a completed and executed CBB Unity of Title form. The form shall describe all lots, parcels or tracts combined as one lot. A copy of the recorded deed with legal descriptions, of each property that COA 12/17/03 DEPARTMENTS INCLUDE REJECT is being unified, is required to be submitted to process the form. The property owner that is identified on each deed shall match. 26. This is a manufactured building. Submit copies of plans that have been approved by a State certified third party plan review and inspection agency per 2001 FBC, Section 428 and F.A.C., Rule 9B-1. 27. Submit setup/tie-down details to ensure the manufactured building complies with the wind load requirements of 2001 FBC, Section 1606. PARKS AND RECREATION Comments: None FORESTER/ENVIRONMENTALIST Comments: None PLANNING AND ZONING Comments: 28. Approval of this project is contingent upon the approval of the accompanying request for the abandonment (ABAN 03-012). 29. Staff recommends that a period of one (1) year be allowed to obtain a building permit for this project. 30. For the Martin Luther King, Jr. Corridor, the Heart of Boynton Master Plan & Schematic Designs recommends specific uses, building massing, and architectural design guidelines. In particular, it recommends a "Floribbean" architectural style. Therefore, staff recommends incorporating more "Floribbean" design elements into the architecture of the building. 31. If approved, a. Unity of Title would be required prior to the issuance of a building permit. 32. Provide an itemized list of the areas (expressed in square feet) of each use of the classroom, office, bathrooms in either the site plan (sheet SP -1) tabular data or on the floor plan (FP -1), 33. A traffic impact statement for the proposed use must be approved by the Palm Beach County Traffic Division prior to the issuance of a building permit (Chapter 4. Section 8.F.). 4435 34. All signage is subject to review and approval of the Community Redevelopment Agency and Ci Commission (Chapter 4, Section 7.13.). COA 12/17/03 DEPARTMENTS INCLUDE REJECT Since no signs are proposed at this time, all future signage would require a major site plan modification. The cumulative area for all wall signs shall be in compliance with Chapter 21, Article IV, Section 2.B. 35. The signature trees (yellow tabebuia) shall have a minimum of eight (8) feet of clear trunk to preserve the clear sight area. 36. Staff recommends that the exterior finish of the dumpster enclosure match that of the required buffer wall and that the proposed color match the color of either the buffer wall or the main building. 37. Staff recommends that a row of 24 -inch tall hedges be installed along the base of the proposed buffer wall (on its east side). The developer may choose the species provided that the 50% native species limitation is maintained throughout the project. 38. Provide a detail of the six (6) -foot high buffer walls. Staff recommends that at the time of permitting, the applicant would be required to submit a detail of the wall. Its appearance would be subject to review and approval of the Planning & Zoning Division. Provide a decorative end -cap to six (6) foot wall terminus at entrance off of Northeast 11 `' Avenue, such as a pillar or column with a decorative top -cap. Also, staff recommends that the color of the wall be the same or compatible with the dumpster enclosure and / or the proposed building. In any case, the wall must be setback at least two (2) feet from the proREline Cha ter 2, Section 4.L.). ADDITIONAL COMMUNITY REDEVELOPMENT AGENCY COMMENTS: Comments: 39. Tabled to January 12, 2004 CRA meeting, staff to work with the applicant to improve the project design, which includes building aesthetics (to properly reflect the gateway location to the MLK Corridor and Heart of Boynton Redevelopment Plan Design recommendations), and improve the vehicular stacking related to the student drop-off area, if possible, minimizing the impact on Railroad Avenue. 40. The applicant is to request that the School Board allow the City's CRA Board the first right of refusal should the Charter School fail and the property ownership reverts to the School Board. If the City Commission approves the application as submitted, the Board requests the above referenced items be conditions of the City Commission's approval. 4436 COA 12/17/03 DEPARTMENTS INCLUDE REJECT ADDITIONAL COMMUNITY REDEVELOPMENT AGENCY COMMENTS: Comments of January 13, 2004 CRA meeting: 41. None ADDITIONAL CITY COMMISSION COMMENTS: Comments: 42. To be determined. MWR/elj S:\Planning\SHARED\WP\PROJECTS\Boynton Delray Academy\C MCOA.doc 4437 z yat, a 4438 M pd � C7 0 N W O h y f� N N :r w "� �s �7 c N ;u f N CD r z �0 �fho S 9 CLC � z yat, a 4438 EXHIBIT D pd � goo QO z yat, a 4438 Ja � EXHIBIT D CO) 0) CRA c CIO F CL w I ilz=- P'A-2!!S- m • 3 = C -p f o c' CD y C O f!3 t9 O �. a� m o o• "c a3 c 3 a aQ v ^'• ' a fO pg 19 CCL 05 to Lo cr 56 cr Mimi 57 aa. C'3 �tisfaCD �cn CL o� 3 3 ell, 0 -R el a0. OR 5 - IT r (D a 8 CD bo Cx 40 a, I •v 3 •o,.,. , .0 m a� CL_ � �' m�•� m co m(p -7 olk =g<'ce CL .�o tog m�ITI oo��DR•�3 W=Ck,-�. m�a - �_ 58 6 ppert g��5• m O 0 � fl-aQ o < 4439 DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Boynton Delray Academy APPLICANT'S AGENT: Mr. Marty Madura with Advanced Modular Structures, Incorporated AGENT'S ADDRESS: 1911 Northwest 15th Street Pompano Beach, FL 33069 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: January 20, 2004 TYPE OF RELIEF SOUGHT: Request conditional square foot modular R-2 zoning district use / new site plan approval to construct a 8,640 building for a charter school a 0.87 -acre lot in the LOCATION OF PROPERTY: The northwest comer of Martin Luther King Jr., Boulevard and Railroad Avenue 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: 1. Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. 2. The Applicant HAS HAS NOT established by substantial competent evidence a basis for the relief requested. 3. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "C" with notation "Included". 4. 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. 6. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other DATED: 4440 City Clerk S:\Plannfng\SHARED\WP\PROJECTS\Boynton Delray Academy\COMDO.doc DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 03 - 312 STAFF REPORT TO: Chairman and Members Community Redevelopment Agency THRU: Michael Rumpf Planning and Zoning Director FROM: Ed Breese Principal Planner DATE: December 22, 2003 PROJECT NAME/NO: Fre Station #4 / NWSP 03 - 024 REQUEST: New Site Plan PROJECT DESCRIPTION Property Owner: City of Boynton Beach Applicant: City of Boynton Beach Agent: David Stump and David Lui Location: 1919 South Federal Highway (see Exhibit "A" — Location Map) Existing Land Use/Zoning: Local Retail Commercial (LRC) / Community Commercial (C-3) Proposed Land Use/Zoning: No change proposed Proposed Use: Request site plan approval for a one-story, 8,200 square foot fire rescue building on a 1.89 -acre parcel. Acreage: 1.89 acres Adjacent Uses: North: Florida Dental & Denture Center with a Local Retail Commercial (LRC) land use designation, and zoned Community Commercial (C-3), then farther north is right- of-way for SW 18"' Avenue; South: Alterra Assisted Living Residence with a Local Retail Commercial (LRC) land use designation, and zoned Community Commercial (C-3); East: 4441 Right-of-way for Federal Highway, then farther east Is Miami Subs restaurant with a Staff Report — Fire Station #4 (NWSP 03-024) Memorandum No PZ 03-312 Page 2 Local Retail Commercial (LRC) .land use designation, and zoned Community Commercial (0); and West: BAPS Hindu Temple with a Local Retail Commercial (LRC) land use designation, and zoned Community Commercial (C-3). Project size: The project consists of an 8,200 square foot building housing fire personnel and apparatus. Site Characteristic: The subject parcel is comprised of a L-shaped piece of land with approximately 165 feet of frontage on Federal Highway and approximately 437 feet in depth, with the small angled portion approximately 84 feet wide and approximately 110 feet deep. The parcel is occupied by the former Hayes Clinic, which will be demolished as part of this project. The survey shows that the highest elevation is 12.5 feet above sea level, located near the southwest corner of the site. BACKGROUND Proposal: The City proposes to construct a one-story, 8,200 square foot fire rescue station to -better serve the southeast section of the City. The project consists of approximately 4,500 square feet of operations, office and living space and nearly 3,700 square feet of apparatus bays to house the trucks and equipment. Concurrency: ANALYSIS Traffic: A traffic impact statement for this project will be required prior to issuance of a building permit. No permit will be issued prior to determination that the project meets the Traffic Performance Standards of Palm Beach County. Drainage: Conceptual drainage information was provided for the City's review. The Engineering Division has found the conceptual information for the subject property to be adequate and is recommending that the review of specific drainage solutions be deferred until time of permit review (see Exhibit "C' - Conditions of Approval). School: This project is exempt from the school concurrency requirements of Palm Beach County. Driveways: The subject property fronts on Federal Highway, which functions solely as an exit for the apparatus bays. Proposed on-site circulation consists of a driveway entrance/exit for the general public and employees at the rear of the property, off of the L-shaped portion of the property, which accesses SW 18th Avenue. Parking Facility: Parking required for this type of facility is based on one (1) parking space per bunkroom (9) and one (1) parking space per 300 square feet of office space (600); for a total of 11 parking spaces. The plan as designed accommodates 21 parking spaces, including 1 handicap space, an excess of ten (10) spaces. 4442 Staff Report — Fire Station #4 (NWSP 03-024) Memorandum No PZ 03-312 Page 3 Landscaping: The proposed pervious or "green" area of the lot would be 45,496 square feet or approximately 55% of the total site. The landscape plan tabular data (Sheet L2.1) indicates that 90 trees, 75 palms and 2,841 shrubs are being provided. Typical trees being utilized in the planting scheme Include Gumbo Limbo, Live Oak, Tibouchina, Slash Pine and Pond Cypress along with Coconut, Washington, Sabal and Solitaire palms. Shrub materials selected for the site i_nclude.Indian Hawthorne, Saw Palmetto, Parson's Juniper and Sea Grape. The selection of landscape material is designed to compliment the "Old Florida" architecture of the building and far exceeds the City's requirement for native species. As such, and to address the Community Design Plan Appeal, the Architects have designed a lush, native Florida landscape theme along Federal Highway and the front of the fire rescue station to soften any impact from the orientation of the bay doors (see Sheet L1.2), Part of this design involves the narrowing of the driveway/apron in an "hour glass" shape to bring even more landscaping closer to the apparatus doors to minimize the view of these doors to passing motorists Building and Site: Building and site regulations will be fully met when staff comments are incorporated into the permit drawings. The proposed one-story fire rescue building would have varying roof heights, with the typical roof height being 24 feet and the highest of the peaked roofs at 34 feet in height. The maximum allowed height in the C-3 zoning district is 45 feet. The floor plan (Sheet A2.1) shows a typical fire rescue station layout with a lobby, living and work quarters and apparatus bays. Sheet A3.1 provides an Illustration of the building facades, with wood lap siding, decorative trims and mouldings, standing seam metal roofing and bahama shutters, providing a true "Old Florida" design theme to the structure. Design: The elevation drawing (Sheet A3.1) shows that the building would be designed as a very attractive fire station with the facade improvements discussed above. The body of the building would be painted a cream color (BM Paints —'Royal Linen" 931). The trim / banding areas are all proposed to be painted a white (BM Paints, - "White Opulence" 879). The fascia is also proposed to be painted white (BM Paints —"'White Opulence" 879). The doors are indicated as a pale cream color (BM Paints — "Feather Bed" 978). The standing seam metal roof is shown as a blue (BM Paints — "Kynar Hawaiian Blue" 839). Signage: The signage, according to Sheet L2.1, will be a monument sign approximately five (5) feet tali by 8.4 feet In width, arched to follow the design of the other Fire Rescue signs being constructed by the City. The sign will contain the same building material look and paint colors as the station and feature the City logo as well as the numerical address. The actual lettering will be 4" flat aluminum letters painted "Petina Green". The numerical address will be located higher in a more prominent location on the sign for ease of identification. The lettering on the building is proposed to follow the same style and type lettering as the monument sign. 4443 Staff Report — Fire Station #4 (NWSP 03-024) Memorandum No PZ 03-312 Page 4 I' lel YY...► • • The Technical Review Committee (TRC) has reviewed this request for new site plan approval. Staff recommends approval; contingent upon all comments indicated in Exhibit" C"- Conditions of Approval and contingent upon the approval of the Community Design Plan Appeal (CDPA 03-003) associated with this project. The Technical Review Committee (TRC) recommends that the deficiencies identified in this exhibit be corrected on the set of plans submitted for building permit. Also, 'any additional conditions recommended by the Board or City Commission shall be documented accordingly in the Conditions of Approval. 4444 in. = 200.0 feet C3 C3 C3 R-3 LOCATION MAP FIRESTATION #4 EXHIBIT "A" 4445 nn0000 .���< M n 000 =cizzz-<-< nMTMM;� 4446 EXHIBIT "B" 1E, EXHIBIT 4447 p, iR a_sp:,l; V-A€ • lip;• i'i�pi�i qty q � � G r 9 Y qi. i���gl2� q 9 '••� �� •- � � ��i iii � � �� .,� ... F i� C i 4 iiki .t• aa � y Fi 1 a yYJ1MC 1Ot( . t6': #P No , tp id$§9°x r --' ��. �K At. ! •t IJ I �•♦ R� air. � w �I' 4447 v 0 0 N � I I I I I I 94 EXHIBIT "B" R A CH2MHiLL J Cm 80YNMN BEACH FIRE STATION 4 ✓! g arnwnnureCIVIL SITE PLAN. - - E� y HIGHWA 4448 A.,,N DOMM JcU=jU QTY OFBOYNTONBEACH MERE M = IION#4 LfmBtA- lot ; 1111 ,Sg3 R� R � 1�gP, oil, n A 6 0 Car r g R I O '0 aii�3s6 4 Z f m O 8 ME g FFF 4jp(� es F S .o. 4449 Ls a 7A "V 3 iPp H � J ( Red L ..L�fO 6j � �yyyiy,,•,����{Y� F I � I1F - ram � viii r iy C --■ v'Z- i,�p ,00-� � O l.1 y .o. 4449 EXHIBIT "13" 0 m 0 C m 111151 CH2MHILL Wgw=q BOYNTON BEACH FIRE STATION 4 LANDSCAPE SCHEDULE AND DETAILS 4450 ww,=%W,m"M" "o olm Doo— tcx000ass CITY OF BOYNTON BEACH FMS R13SCUB STAnON #4 EXHIBIT "B" ` It Z tour ! /• ! r —►r rr �. atm _ -.arf. _ g �7 tr4®r t rr — xr vAr nr ofr : 4 e x: ■YC�t� �^ ; _; qd >K r 1I xtr nr a rd rt ; irr fit �► r ed T Ir r-r rr rd f ? :.:1:. "• :. � 4. � � iii T iit •• •1 ••^.•�.:•.' .: :• •�.'� ;•',:]. �: �'• -� �• • ... •:. •::, it er d r-tr r r rr 4 Y iaim fill ------- t Y 7 Y Y Y_ Mir + — M{ 11'd s9i - ? . ' ~ rte FOR Y Z f1 1 a 0 0 00 L F 111 ...... .E�p �i i •• Q fist &1 # 4451 ° $ CH2MHILL.. AAC70NA tteooeoo,: LC7f000ip . J BOYNTON BEACH FIRE STATION 4 QI Y OF BO:Ni ON BFAQ[ ARCHITECTURAL FIRST FLOOR PIAN fIIt81�CUE STA7TON •1 �, ��IRALXIOtlMAY 1i0. IYT6 .-�_.. `il_� !!��r � .: �'��: ���I';E® EXHIBIT "C" Conditions of Approval Project name: Fire Station #4 File number: NWSP 03-024 Reference: 2n review plans identified as a New Site Plan with a December 16, 2003 Planning & Zoning date stamp -marking. DEPARTMENTS INCLUDE REJECT PUBLI.0 WORKS- General Comments: None PUBLIC WORKS- Traffic Comments: I . Provide a traffic analysis and notice of concurrency (Traffic Performance Standards Review) from Palm Beach County Traffic Engineering". UTILITIES Comments: 2. Fire flow calculations will be required demonstrating the City Code requirement of 1,500 g.p.m. as stated in the LDR, Chapter 6, Article IV, Section 16, or the requirement imposed by insurance underwriters, whichever is greater CODE, Section 26-16 3. The CODE, Section 26-34(E) requires that a capacity reservation fee be paid for this project either upon the request for the Department's signature on the Health Department application forms or within 30 days of site plan approval, whichever occurs first. This fee will be determined' based upon final meter size, or expected demand. 4. Utility construction details will not be reviewed for construction acceptability at this time. All utility construction details shall be in accordance with the Utilities Department's "Utilities Engineering Design Handbook and Construction Standards" manual (including any updates); they will be reviewed at the time of construction permit application. FIRE Comments: None POLICE Comments: None ENGINEERING DIVISION Comments: 4453 5. Please note that changes or revisions to these plans may generate additional comments. Acceptance of these plans during the TRC process does not Conditions of Approval 2 DEPARTMENTS INCLUDE REJECT ensure that additional comments may not be generated by the Commission and at. permit review. 6. Paving, Drainage and Site details will not be reviewed for construction acceptability at this time. All engineering construction details shall be in accordance with the applicable City of Boynton Beach Standard Drawings and the "Engineering Design Handbook and Construction Standards" and will be reviewed at the time of construction permit application. BUILDING DIVISION Comments: 7. Every exterior wall within 15 feet of a property line shall be equipped with approved opening protectives unless specifically excepted per the 2001 FBC, Section 705.1.1.2. Show compliance at time of permit application. 8. Buildings, structures and parts thereof shall be designed to withstand the minimum wind loads of 140 mph. Wind forces on every building or structure shall be determined by the provisions of ASCE 7, Chapter 6, and the provisions of 2001 FBC, Section 1606 (Wind Loads). Calculations that are signed and sealed by a design professional registered in the state of Florida shall be submitted'for review at the time of permit application. 9. At time of permit review, submit signed and sealed working drawings of the ro osed construction. 10. Add to the building that is depicted on the drawing titled site plan and floor plan a labeled symbol that identifies the location of the handicap accessible entrance doors to the building. 2001 FBC, Sections 11-4.1.2 and 114.3. 11. As required by the CBBCO, Part III titled "Land Development Regulations", submit a site plan that clearly depicts the setback dimensions from each property line to the leading edge of the building. The leading edge of the building begins at the closest point of the overhang or canopy to the property line. Indicate setbacks on Sheet C 1.1 12. CBBCPP 3.C.3.4 requires the conservation of potable water. City water may not, therefore, be used for landscape irrigation where other sources are readily available. 13. A water -use permit from SFWINID is required for an irrigation system that utilizes water from a well or body of water as its source. A copy of the permit shall be submitted at the time of permit application, F.S. 373.216. 14. If capital facility fees (water and sewer) are paid in advance to the City of Boynton Beach Utilities Department, the following information shall be provided at the time of building permit application: a) The full name of the project as it appears on the Development Order and the Commission -approved site plan. b) The total amount paid and itemized into how much is for water and how much is for sewer. CBBCO, ,Cha ter 26, Article II, Sections 26-34 4454 15. The dimensions of the handicap accessible showers shall comply with 2001 FBC, Section 114.21.1 through 11-4.21.8. The dimensions of the shower stalls shall be either 36 inches by 36 inches, or 30 inches by 60 inches DEPARTMENTS 11 minimum. Indicate shower stall sizes on the Dlans. 16. A hood is required over the stove per 2001 Florida Mechanical Code, Section 507.1.2. The installation shall comply with 2001 FMC, Chapters 505, 506, 507, 508, 509. PARKS AND RECREA Comments: None ALIST Comments: Landscape Plan -Plant List Sheet L2.1 17. The applicant must indicated on a landscape plan the existing trees / vegetation that will be preserved, relocated, and removed / replaced on the site. A separate symbol should be used on the landscape plan to identify these trees / vegetation. 18. The landscape design should identify the City signature trees (Tibochina granulosa) at the project ingress/egress locations. [Environnemental. Re lations, Chapter. 7.5, Article II Sec. 5.C.3, N. 19. The applicant should show the calculated 50% native species of trees, shrubs and Around cover plants. PLANNING Comments: 20. Since the overhead bay doors must be oriented towards Federal Highway, these doors should not be the typical industrial style product. They should be architecturally enhanced, aesthetically pleasing, painted to blend with the building and accent the architecture of the building. Additionally, a Community Design Plan Appeal (CDPA) application must be submitted by the applicant concurrent with the site plan. The appeal should indicate the necessity to orient the bay doors as proposed and how the applicant is attempting to mitigate their appearance through design, landscaping or other measures. Site plan approval shall be contingent upon Commission approval of the CDPA. 21. All equipment placed on the walls of the structure shall be painted to match the structure. 22. On the landscape plan, ensure that the plant quantities match between the tabular data and the graphic illustration. ADDITIONAL COMMUNITY REDEVELOPMENT AGENCY BOARD CONDITIONS Comments: 1. To be determined. 4455 ADDITIONAL CITY COMMISSION CONDITIONS INCLUDE I REJECT Conditions of Approval DEPARTMENTS INCLUDE REJECT Comments: 1. To be determined. o:,riar,mng%aru-Lmnuiwr\rxvrzviSwire SEationff4xwn.aoc 4456 DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Fire Station #4 APPLICANT'S AGENT: David Stump and David Lui APPLICANT'S ADDRESS: 100 East Boynton Beach Blvd., Boynton Beach, FI 33425 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: January 20,2004 TYPE OF RELIEF SOUGHT: Request site plan approval for a one story, 8,200 square foot fire rescue building on 1.89 acres LOCATION OF PROPERTY: 1919 South Federal Highway DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. THIS MATTER came before the City Commission of the City of Boynton Beach, Florida appearing on the Consent Agenda on the date above. The City Commission hereby adopts the findings and recommendation of the Planning and Development Board, which Board found as follows: OR THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. 2.. The Applicant HAS HAS NOT established by substantial competent evidence a basis for the relief requested. 3. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on, Exhibit "C" with notation "Included". 4. 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. 6. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other DATED: 4457 City Clerk DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 03-311 TO: Chairman and Members Community Redevelopment Agency THRU: Michael W. Rumpf Planning and Zoning Director FROM: Ed Breese, Principal Planner DATE: December 22, 2003 SUBJECT: Fire Station #4 — CDPA 03-003 Appeal of Chapter 9 — Community Design Plan (Overhead Doors) NATURE OF REQUEST David Stump and David Lui,, representing the City of Boynton Beach Engineering and Fire Departments, are requesting approval of a Community Design Plan Appeal to allow overhead bay doors facing Federal Highway (see Exhibit "B" - Proposed -Elevations). This appeal is being submitted in conjunction with a site plan application (NWSP 03-024). BACKGROUND The City proposes to construct a one-story, 8,200 square foot fire rescue building on a 1.89 -acre parcel on the west side of Federal Highway (1919), south of Woolbright Road (see Exhibit "A"). According to Chapter 9 — Community Design Plan of the City's Land Development Regulations, Federal Highway is listed as a roadway where building elevations shall not display overhead bay doors. Due to their high degree of visibility, these major roadways within the City are subject to higher standards related to building appearance. ANALYSIS This subject property is located at 1919 South Federal Highway (the former Hayes Clinic). The restriction of not allowing the bay doors to face Federal Highway is predicated on the concept that the roadway is very visible and overhead bay doors tend to be unsightly. Federal Highway, as well as the other roadways listed in Chapter 9, Section 11:J. of the Land Development Regulations, are considered entrances into the City. Buildings located on these roadways should be�sgto a higher level of architectural standards. The Design Appeal process is appropriate in this instance because the unique nature of the fire rescue operation and the rapid response necessity. Since in many instances, every second counts, having immediate access to the main thoroughfare (Federal Highway) can substantially improve the response times, as opposed to driving around the block before entering the highway. Additionally, due to the odd shape of the property and its narrow width, rotating the building so that the bay doors would be in a north/south alignment would not provide space for the maneuvering of the large pieces of equipment. Accordingly, the Architects have proposed a building with a great deal of design character through the use of various architectural enhancements, such as wood lap siding and standing seam metal roof (see Sheet Page 2 Memorandum No. PZ03-311 Fire Station #4 CDPA 03-003 A3.1). The "Old Florida" architecture creates a non-traditional look for a fire station, which are typically "boxy" in appearance with very prominent apparatus bays. Additionally, since standard operating procedure is for the bay doors. to be closed, any storage, daily operations, or the things people generally find objectionable about open garage bays will be minimized. Lastly the Architects have designed a lush, native Florida landscape theme along Federal Highway and the front of the fire rescue station to soften any impact from the orientation of the bay doors (see Sheet 1-1.2). Part of this design involves the narrowing of the driveway/apron in an "hour glass" shape to bring even more. landscaping closer to the apparatus doors to minimize the view of these doors to passing motorists. RECOMMENDATION Based on the analysis contained herein, staff recommends approval of this request to locate the overhead bay doors facing Federal Highway. No conditions of approval are recommended; however, any conditions of approval recommended by the Board or City Commission will be placed in Exhibit "C" - Conditions of Approval. S:\Planning\SHARED\WP\PROJECTS\Fire Station #4\CDPA 03-003\staff report.doc 4459 1 In. = 200.0 feet C3 C3 �IC3 ILL �■�► to �■ �_: 1:417. OL ;:I j: uutuwutm 7-1 -FIRM i Lim IL MULTI ; C �� I -- `ICI t j G SIE i M '----- � I�li����-i► i�ititm�r€li■_ I 0 SO • '0. .� e h�fi� .. f t a L •. j7 ¢¢ IRA -- i GNWAY I I CH2MHILL —PALM AACsotm na00000n Lcas000ta tAN09WWQ BOYNTON BEACH FIRE STATION 4 CITY OF BOYNTON BEACH LANDSCAPING PLAN71NGPLAN FIRE RESCUE STA770M #4 R FIDFiwL NK t V ir PD 1/ry 4462 EXHIBIT "B" ' a EXHIBIT "B" CH2MHILL tANDOCAPM BOYNTON BEACH FIRE STATION 4 LANDSCAPE SCHEDULE AND DETAILS I sink 4463 AAM„M _•„m•,: yip CM OF BOYNPON BEACH FMREKXMSfATIONf4 &MARALWOWWAY Z Q 0 m 0 C ml MAll0%%* ®oo® `>oo•o g B f _ _ _ , _ , , , , 1 , , , = f , , , R _ ■ , CH2MHILL tANDOCAPM BOYNTON BEACH FIRE STATION 4 LANDSCAPE SCHEDULE AND DETAILS I sink 4463 AAM„M _•„m•,: yip CM OF BOYNPON BEACH FMREKXMSfATIONf4 &MARALWOWWAY Z Q 0 m 0 C ml EXHIBIT "C" Conditions of Approval Project name: Fire Station #4 File number: CDPA 03-003 Reference: Aimlication received 11-5-03 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 4464 ADDITIONAL COMMUNITY REDEVELOPMENT AGENCY BOARD CONDITIONS Conditions of Approval DEPARTMENTS INCLUDE REJECT Comments: 1. None ADDITIONAL CITY COMMISSION CONDITIONS Comments: 1. Tobe determined. &VIanning0anning Templates\Condition of Approval 2 page revised 2003 form.doc 4465 S:\PlanninglPlanning Templates\Condition of Approval 2 page -P&D ORA 2003 form.doc DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Fire Station #4 APPLICANT'S AGENT: David Stump and David Lui APPLICANT'S ADDRESS: 100 East Boynton. Beach Blvd., Boynton Beach, FI 33425 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: January 20, 2004 TYPE OF RELIEF SOUGHT: Request Community Design Plan Appeal approval for a fire rescue building with the apparatus bay doors facing Federal Highway LOCATION OF PROPERTY: 1919 South Federal Highway DRAWING(Sy SEE EXHIBIT "B" ATTACHED HERETO. THIS MATTER came before the City Commission of the City of Boynton Beach, Florida appearing on the Consent Agenda on the date above. The City Commission hereby adopts the findings and recommendation of the Planning and Development Board, which Board found as follows: RW 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: 1. Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. 2. The Applicant HAS HAS NOT established by substantial competent evidence a basis for the relief requested. 3. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "C" with notation "Included". 4. 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. 6. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other DATED: 4466 City Clerk VII. Director's Report 4467 Any person who decides to appeal any decision of the Community Redevelopment Board with respect to any matter considered at this meeting will need a record of the proceedings and for such purpose may need, to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. The CRA shall furnish appropriate auxiliary aids and services where necessary to afford an individual with a disability an equal opportunity to participate in and enjoy the benefits of a service, program, or activity conducted by the CRA. Please contact Douglas Hutchinson at 561-737-3256 at least twenty-four hours prior to the program or activity in order for the CRA to reasonably accommodate your request. RO w d p a oa R. (J w. o0 0° �d r+ w 0 w cn � `Q � w ` `d (D, �d CD c� rt 0 a- ^co w p a a s pCD►►mayy �w ° Y' w° w '� a. o C ►'YJ ((DD N w p' N .C.. CCD ' (D (D w Go G' b O o .»� w (D m' %." c� O O `C w. d O w (D o b w o a �a C ID 0 w w, - o° �` Q, o Cr ~+CD o ° x r* ° GOD r+ off, p (Da' PO w m a. w cD �, CD o G�.►� GO W• O (D (D ""' w 3 CD .��:Wb wo W w CD W o' O. C CDC `CD ° a � rn CD (D pa. oo.cu (D 0. (D PO. p (D CO v' GO ~' (D rCD GO Go o ro fD CD o v rl. C400 co co CD C) o -� o N. (D o a CD 0o r+lc, CD ' w 00aro p n CD G � 'd n CD b pa. oo.cu (D 0. (D PO. p (D CO v' GO ~' (D rCD GO Go o ro fD CD o v rl. C400 co co U 'LS 1-4O a a 4-3 � cd Or."s, 75 El m(cliQD U 0 0) i a� ° ry)b r/i U b �+ o U 0 W 0 JUBILATION CRUISE LINES OVERVIEW Jubilation cruise lines was established and is currently run by its founders_ and owners Bob and Judy Van Houdt, of Boynton Beach, FL We currently offer Captains Services to many local cruise operators, as well -as party and charter planning. In order to enhance our operations we are planning to expand into the market with our own vessel and provide sightseeing, luncheon, dinner, and corporate charter cruises, aboard an authentic stern wheel paddleboat., We plan to be a year round operation, using the ambience of the proposed riverwalk and extension promenade as our base of operations. The current plan appears to be a perfect fit to an operation such as ours and we feel we will enhance the overall experience of the area. I have attached a sample brochure showing the planned vessel in its current location. In order to make the purchase and begin the' process of disassembling the vessel for transport to this area I would like the support of the community. I understand that the area of operation is designated as day dock and I would have to move the vessel to an alternate location for overnight dockage. In order to accommodate the night docking requirements I would need Electric and minimum dockside services and Jubilation Cruise Lines would cover any additional expenses incurred as a result of providing these services, I also believe that cost could be significantly reduced if we could incorporate it into the original construction process. I"look forward to bringing this project to the City of Boynton Beach, and request the support of the C.R.A. to begin negotiations and planning make it a reality. Sincerely Robert W. Van Houdt President Jubilation Cruise Lines Inc. 4477 r Boynton Beach CRA Area Business Genesis Program Survey Continued What is the one thing you currently do best? What is the one thing that could use the most work? 4476 5 Boynton Beach CRA Area Business Genesis Program Survey Continued How strong/effective is the marketing function/thinking within your business? Marketing plays a leading -role in the business's overall development. Marketing is an important part of the sales function. Marketing is weak and has very limited role/influence. Marketing function does not really exist. How would you describe the efficiency of your business's operations? r Better than most competitors. Better than some competitors. r In line with competition. Worse than some competitors. f"' Worse than most competitors. How wouldyou describe the cost competitiveness of your business's operations? i~ Better than most competitors. r Better than some competitors. r In line with competition. Worse than some competitors. r Worse than most competitors. Why do you want to be considered as participants in the Business Genesis Program? 4475 4 Boynton Beach CRA Area Business Genesis Program Survey Continued How would you rate your business's financialcondition? r Has surplus funds and/or good access to additional capital. r Has reasonable cash flows and/or could make strong case for more finance. r Cash flow is tight but chances of raising additional finances are reasonable. l"' Struggling to maintain positive cash flow and prospects of getting additional finance are poor. r Financial condition is critical/terminal. How would you characterize your management team relative to your business's sizelpotential? Exceptional experience, expertise and depth. r Bit stretched but adequate coverage. Coping with some gaps. Weak with some serious shortfalls. C` Very poor and inadequate. How would you rate your products in terms of price, quality, features and benefits? f` Very superior to most competitors. Superior to some competitors. In line with the competition. Inferior to some competitors. Very inferior to most competitors. How would you rate your services In terms of price, quality, features and benefits? Very superior to most competitors. Superior to some competitors. In line with the competition. Inferior to some competitors. Very inferior to most competitors. 4474 3 Boynton Beach CRA Area Business Genesis Program Survey Continued What do you feel would help your business the most (Check all that apply)? l Sharpen my skills or consulting to help better my business r Money Sources r Less Government Regulations f Better Employee Pool r Less Competition r More Customers {" Reduced Costs Are you interested in the Business Genesis Program? r Yes No Now many people does your business currently'employ? (Convert part-time jobs to full-time job equivalents' full time job equals 2080 hours per year per job None t•" 1 Person (either part or full-time) t. 2-5 Full-time Equivalents f~ 6-9 Full-time Equivalents 10-25 Full-time Equivalents 26-50 Full-time Equivalents C' 51-100 Full-time Equivalents In what is your main business activity? r Manufacturing r Crafts r Retail Store r Wholesale IT and/or Internet Professional Services r Financial Services r Other Services Other 4473 2 Boynton Beach CRA Area Business Genesis Program Survey Phase Name Date Name of Business Business Address Business Address Phone number/Fax/Email Which of the following best describes your company's primary businesses:? Self -Employed or Contractor Private Partnership Privately Held Corporation Publicly Traded Corporation How do you feed about the future of Boynton Beach (Check all that apply)? Excited Great Fair Cautious t Unhappy Do not like change. Change is going to happen anyway, so I have no choice. r No Views on this question. Which of the following best describes how you feel about your business (Check all that apply)? f" Excited Great Fair Cautious r Unhappy t Do not like change. Change is going to happen anyway, so I have no choice. r No Views on this question. 4472 1 The Regions Development Grant was- awarded to Innovative Windows, Inc. and Boynton Seafood. SV Innovative Windows, Inc. has submitted their first reimbursement request of 31 % completion on the project. Staff has requested and received Palm Beach County's portion for this project. SV Staff and Leda/ Counsel have finished working with Boynton 5V FYI: The CRA has been approached by a RiverBoat to potentia/Iv operate from Bovnton Waterfront area. Find included basic No commitments from either the operator or CRA have been discussed:. the project is in the exploratory mode at this time. 4471 entertainers and dignitaries representing their countries. Other elements include kids entertainment and carnival_ rides. AG • Genesis Business Program—Staff has written a new survey. Program re -write is underwav consi nWa CRA & Chamber in- house consulting services role in program verses paid Group B • Land Development Regulation (LDR) - LDR re -write will be 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. DH • Affordable Spaces Incentive — Program to reward projects for inclusion of below Market Retail, Commercial, and Residential spaces, developing incentives -and possible criteria guidelines for the program. The CRA Board has received a complete Draft. • Develop Project Flow Chart with Budget and Personnel Forecasts — The chart will contain all budgeted programs. Group C • Awards Program — Staff has scheduled meetings to collect existing program materials to use as a starting point for the CRA program. • Possible Office Options - Adding walls to separate conference area from open office. • Grants Update The Fagade Grant program has been awarded to Grace Fellowship Church, which is 60% completed, Boynton Boundless, LLC, which is 50% completed, and Fred and Joe's Automotive, which should start in the next 45 days. All of the projects are progressing toward completion this budget year. SV 4470 • Boynton Beach Blvd District Redevelopment Plan Update - Final update is being compiled. Presentation projected for January 2004. DH • Design Guidelines Overlays - RMPK submitted a rough draft of the design guidelines for Board review and comment. • Museum Feasibility Study Team - See setting initial meeting for January. • CRA Brochure and Web Site Development - Work has begun on the. Loam Concept Development and. Web Structure. Logo choices have been forwarded to the CRA Board members for comment. DH • Events - Annette - The Multi -cultural Winter Camival was held on December e, 2003. and despite unseasonably cold weather was well attended. The event once again experienced significant growth in the areas of attendance, vendor few changes this event- as the element has been the annual signature event for the holiday season. Comments from the community included: change date to earlier to avoid the cold weather, increase hours of operations for the carnival, and provide better linkage between the camival rides and the sionificant in that this ,is the ftrst event to accomplish this. This is a positive indication that we are well on our way to achievino the goals set forthin the strategic plan. The logistics of the event were carried through by annroximateiv 50 is a spread sheet that details the actuals of the event. The Heritage Festival plans include a Caribbean Celebration to be held on Martin Luther Who Ave. on February 27, 2004 from 6:00 PM to 11:00 PM. Prior to the event on Martin Luther King's Birthday: the CRA Staff, The Heritage Festival Committee and the Volunteers of the United Way will ioin of the Caribbean. A VIP -tent will host a oreetino and autograph session of Internationally recognized Caribbean 4469 v MEMO To: I CRA Board From: Douglas Hutchinson Date: January 13, 2004 Subject: CRA Activities Development Items: Group A Annual report — comprehensive annual report is being developed.. Drafts presented in FYI for January with review in February and approval in March. • Boynton Beach Blvd/Promanade/Riiverwalk Design/ Build RFQ Work has begrun on the next chase of work for woiect design. Multile meetinyrs_have taken of in the cast several weeks. Updates are received weekly from Burkhanaft and Kimlev- • Way -Finding Signage Program — See agenda item for Phase It & N sign installation approval. DH • Ocean District Redevelopment Plan Update — See Agenda Item. • MLK Property Acquisition Phase I — Coordinating with Dale Sugerman and, TUG for purchases. , • 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 March for "letter of understanding" between the various parties. DH 4468 Jonathan T. Ricketts, Inc. 5708 Whirlaway Road, Palm Beach Gardens, FL 33418 Phone: (561) 630-6700 Fax: (561) 625-2770 January 8, 2004 Mr. Douglas Hutchinson, Director Boynton Beach Community Redevelopment Agency 639 East Ocean Avenue, Suite 107 Boynton Beach, FL 33435 RE: Initial Review and Report for the Boynton Beach Boulevard Extension, Promenade and Riverwalk Project Dear Mr. Hutchinson: Attached is our initial periodic report for the progress to date of design build team. We encourage you to review its contents and contact us with any comments In general, we are recommending these items for consideration: 1. Develop a contract schedule that shows the various phases agreed upon to date and the milestones and target dates for the completion. 2. Update the overall budget to show the opinion of costs of the various agreed upon phases, as well as orders of magnitude for the other phases being considered. 3. A property title search should be included with the design build team's survey work. 4. Additional testing should be performed to further quantify muck quantities, located within Boynton Beach Blvd extension. 5. Consider modifying the design build team's contract to require them to provide a copy of all contract notices, schedules, and other correspondence to our office. Please feel free to contact our office at the numbers shown above if you have any questions or comments. ! JolT-A,- iI k. 1 tt The Boynton Beach Community Redevelopment Agency Report for January 2004 The Boynton Beach Community Redevelopment Agency (CRA) has retained the services of Jonathan T. Ricketts, Inc., as the Owner's Representative to provide input on the three phases of the redevelopment work to be completed within the CRA district, as well as the adjacent areas necessary to complete the work within the district. Jonathan T. Ricketts, Inc. is providing this initial review of the program, schedule, and budget as provided by the CRA and the Design Builder, Burkhardt Construction. Inc. The information provided in this report is based on the items listed in Appendix A. The opinions and information contained in this report are subject to change as the design build team develops further the design documents. Updates to these opinions and information from Jonathan T. Ricketts, Inc., will be provided to the CRA in future reports as the information, design documents, schedules, and opinion of costs are produced and made available to us. In general this report deals with phase one - Boynton Beach Boulevard Extension. Scope of this Project The project, as described in the original contract with Burkhardt Construction, Inc. contained three distinct elements: Federal Highway to NE 6`h Street also referred to as the Boynton Blvd Extension; NE 6`h Street to the Intracoastal also referred to as Promenade and; the Riverwalk at the Intracoastal. This project has been expanded and now contains five parts - the original three described above, plus a day dock and a museum. Although the docking facility and museum complex are proposed at this time, no conceptual drawings or construction plans have been developed. Two additional changes from the original contract are also noted. First, the design build team was directed to develop and submit a fifteen- percent design for review and approval prior to completing thirty- percent design as required by the contract. Then, due to the timing of the start of the Marina Village project, the board authorized the design build team to proceed with one hundred percent design on the Boynton Blvd Extension. This was pursued in order to provide access from Boynton Blvd Extension to the proposed Marina Village project. The design build team, prior to our start of work, had completed and the board had approved the fifteen- percent design. Boynton Beach Blvd Extension — This portion of the work includes modifications to the intersection of Boynton Beach Blvd and Federal Highway, extension of the existing alignment of Boynton Beach Blvd eastward from the east right-of-way of Federal Highway to approximately 900 feet to the east. The road has two different widths: a one hundred -foot width at the west end, and a sixty foot width at the east end. The transition occurs east of the 6`h Street intersection. A cul-de-sac is provided at the end of the work. The extension will also provide access to East 6th Court, the city park and storm water detention pond, the city utility lift station, and at the west end of the work, the entrance to the Marina Village project. Requirements — Ownership of the all of the land required for this construction is reported to be owned by the city. No title work has been reviewed and we are told that surveys are being developed that show all of the lands to be used in this phase of the development. We are recommending a title search to be performed as part of this phase. Permits for all of the three phases of the work have been identified by the design build team and are listed in the meeting notes of the design build team from October 2, 2003. Eleven agencies or departments have been identified for permits or for letters requesting that permitting is not required. Additionally, five utility companies will be contacted for coordination with existing or proposed facilities. The utility companies names are shown in Appendix B. Pre -application meetings and discussions have occurred or are planned for with all of the key agencies involved with this phase of the work. A further discussion on permits is included in the conclusion. Opinion of Probable Cost — The Opinion of Probable Cost (updated through December 1, 2003) shows a total cost for the Boynton Beach Blvd Extension phase to be $3,881,067. The design build team reports that this opinion of probable cost is based on the sixty percent design drawings. This estimate includes five provisions or exclusions that should be noted, in summary they are: 1. Pricing is for the right-of-way construction between Federal Highway and the cul-de-sac. 2. No costs for entry features or other art work is included 3. No costs for city utilities is included 4. No costs for franchise facilities are included 5. A separate opinion of probable costs will be provided for the Relax Inn site The current opinion of probable cost, totaling $3,881,067 is above the initial cost estimate, in the contract with the design build team of $1,870,000. We have been informed by the design build team that this change has been discussed with the board. Additionally, change order No. 2, approved by the board at the December 10th board meeting, showed design fees of $338,580.00. This is consistent with the current amounts shown in the cost estimate in that the design fees were estimated to be ten percent of the construction cost. Because the current opinion of cost includes more categories and more detail than the original estimate a direct comparison is not possible. We performed an approximate comparison of the two estimates (see appendix item Q. Key items or differences in the current opinion of probable cost and the original estimate include two new items: furnishings with a cost of $222,998, and a multi -use building providing restrooms, security and ticketing with a cost of $623,931. There are no details or square footages shown to assess this cost. We have asked the design build team for the parameters used for estimating this cost. Additionally, no design costs for this building were shown in change order No. 2. Therefore, this building is assumed to be built during a later phase. Items with significant increases include landscape at $616,620 for an increase of $496,620, lighting at $455,181 for an increase of $355,181. No costs were shown for the entrance feature/gateway or a decrease of $120,000. The scope and costs of these items are to be determined at a future date. The Geotechnical investigation for Boynton Beach Blvd extension shows scattered pockets of muck and recommends removal of all the smaller deposits of organic (muck) materials encountered in accordance Florida Department of Transportation Standard Indexes. The investigation also recommends that larger deposits of the muck or deposits where removal is not practicable can be left in place provided an appropriate geosynthetic material design is practicable. A cost of $35,000.00 for unsuitable subsoil excavation and removal is shown. Based on the limited information, showing muck between stations 35 to 39+00 an order of magnitude for the potential removal required would be 60' wide x 5' deep x 400' long equal to 4,444 CY. If the cost to remove and replace is less than $7.87 per cubic yard, then the probable cost shown for the removal of the unsuitable material (muck) would be adequate. We are recommending further auger borings either by the design build team or the geotechnical consultant to further clarify the extent of the muck. Promenade — This phase of the project is for a thirty foot wide pathway approximately five hundred feet in length. Conceptual plans show a monumental structure at each end of the promenade. Each structure is shown conceptually to be a single mast with cable anchors or stays running towards the center of the promenade. The promenade would be lined with benches and shade pavilions. The pavilions are envisioned to have a similar design theme of the monumental structure: masts with cables arranged aesthetically to support the canvas panels. Requirements — The same requirements for this phase are similar to the Boynton Beach Boulevard Extension phase. We have requested surveys and title work for this phase For this phase, significant coordination and time will be needed with the environmental permit agencies listed in Appendix A. These lengthy efforts will be due in part to determining the extent of any wetlands located within the thirty foot wide corridor, proving that the impacts to the wetlands have been minimized and are unavoidable, and quantifying any mitigation required if impacts occur. Additionally, the conceptual design calls for "view corridors" along the south boundary of the promenade. A portion of the trimming may be on the Marina Village land. Based on the preliminary information provided to date, permitting with Palm Beach County Environmental Resource Management may also be required. This may be difficult since two separate land owners are involved. Opinion of Costs — Currently, the original cost as provided by the Boynton Beach CRA in their contract with the design build team is the only estimate provided. We will provide analysis of any updated opinion of probable cost, once it is available. Riverwalk — This phase of the project is for a fifteen to twenty foot wide north - south elevated walkway along the Intracoastal Waterway. The walkway would begin at the east end of the promenade phase and would terminate at the north end of the CRA property. Requirements - Ownership of all of the land needed is unclear. Additional work has been requested to be provided by the design build team. Seagrass surveys and the delineation of mangrove areas will be required. A geotechnical along the route of the Riverwalk will also be required. Opinion of Cost — No opinions of probable cost have been submitted by the design build team. Summary and Conclusion The Design Build Contract has evolved from its original scope as shown in Exhibit "G"— Scope of Services of the contract. The phasing (Schematic design, Design Development, Construction Design, etc) will not be occurring simultaneously for the three original parts (Boynton Beach Boulevard Extension, Promenade, and Riverwalk). The current programming being followed is to proceed with the immediate completion (100% design) of the Boulevard extension, while allowing the other parts, the promenade and riverwalk to proceed at a different pace. The redirection will allow the permits applications to be filed immediately for the long processing time requirements needed for the South Florida Water Management District and has the benefits of allowing the known items such as the roadway construction to proceed in the shortest timeframe possible. This is advantageous in that it will prevent the whole project from being delayed, provided that the various permitting agencies will allow a portion of the project to proceed. We have been informed by the design build team that it is their intent to commence construction on the Boynton Beach Blvd extension by March 2004. We believe this to be a very aggressive schedule, and while possible, the ramifications of a possible start later in this year should be considered, based on the reasons listed previously. There is a considerable challenge to the design build team to get the various agencies to authorize the start of a phased project by issuing permits for the initial phases, while the future phases have not been quantified. We agree that the rationale for proceeding with the Boynton Beach Blvd extension is reasonable, but would recommend that a time schedule for the rest of work also be developed, even if some of the elements are very preliminary. Additionally, we would recommend that prior to the start of the first phase, the design build team should provide an initial estimate of probable cost for all three phases of the project. A schedule showing the times required for the permitting, design, and construction of all of the phases should also be provided by the design build team. Recommended Items: 1. Develop a contract schedule that shows the various components agreed upon to date and the milestones and target dates for the completion 2. Update the overall budget to show the opinion of costs of the various agreed upon phases as well as orders of magnitude for the other phases being considered 3. A property title search should be included with the design build team's survey work 4. Additional testing should be performed to further quantify muck quantities, located within Boynton Beach Blvd extension. 5. Consider modifying the design build team's contract to require them to provide a copy of all contract notices, schedules, and other correspondence to our office. APPENDIX A 10/02/2003 15:50 5616502 BURKHARDT CONST -INC PAGE 02 BURKHARDT MEETING NOTES CONSTRUCTION. INC. No. ONI N 1400 Alabama Avenue. #R20 West Palm Beach, Florida 33401-7048 Tel: (561) 859-1400 Fax: (5161) 659-1402 PROJECT TITLE: B.B. Promenade 8t Riverwalk MEETING DATE: 10/1/2003 LOCATION: B.B.C.R.A. Office SUBJECT: B.B. Promenade and Riverwalk DID ATTENII INITIALS ATTENDEE NAMTL COMPANY NAME X DEH I Dennis Haynes ]Burkhardt Coastru"inn. Inc. Y DH Douglas Hutchinson Baynton Beach CRA Y FS Fred Sdrwaft I Kimkv Horn and AsaocWa. Inc. Y JR Jonathan Rickets Jonathan T. Ricketts Inc. Y MB Michael Beldowicz -Horn and Associates, Inc. Y RRB i Russell Barnes I K1ml -Hom and Associates. Inc. ITEM DtSCRIPTION STATUS STARTED DUE BALL IN COURT 010000 REVIEW OLD 020000 DESIGN/ PLrRIKrr IM ISSUES OLD 020101 South Florida Water Management District (SFWMp) OLD KIMLEY RRB INITIAL N EE77NO HAS OCCURRED. KHA TO PREPARE PERMIT APPLICATIONS FOR WATER QUALITY. SURFACE WATMt QUANTI'T'Y IS COVERED 8X EXISTING BLANKET PERMIT. 020102 United States Army Corp of Eftiovers (USACE) OLD KIMLEY RRB MJWTING SCHEDULED, HAS NOT YET OCCURRED. KHA WILL MEET AND UPDATE BY 10/15/03 MTC,. 020103 National Marine Fiahel'y Services (NMFS) OLD KIMLEY RRB MEETING SCHEDULED. HAS NOT YET OCCURRED. KHA WELL MEET AND UPDATE BY 10/15/03 MTG. 020104 United States Fish and Wild1db Services (FWS) OLD MEETING SCHEDULED, HAS NOT YET OCCURRED. KHA WDLL NaW AND UPDATE BY 10/I5/03 MIG. I*mpared BJ = Buithardt Cm tbgtion, JAc. Dated: 102!2003 Bhp•• 2 KIMLEY RRB 10/02/2003 15:50 56165s,�2 BURKHARDT CONST INC PAGE 03 BURKHARDT MEETING NOTES CONSTRUCTION. INC. No. 0001 N 1400 Alabama Avenue, #20 West Palm Beach, Flotlda 334017048 sem - u1 q Tel: (581) 659-1400 Fax: (561) 859-1402 PROJECT TITLE: B.B. Promenade 8t Riverwalk MEET[NG DATE: 10/1/2003 LOCATION: B.A.C.R.A. Office SUBJECT: B.B. Promenade and Riverwalk ITEM ViSCRIPTYON STATUS STARTED DUE BALL IN COURT 020105 Unite States Coast Guard (USCG) OLID KIMLEY RRB FETING SCHEDULED, HAS NOTYET OCCURRED. KHA WILL MEET AND UPDATE HY 10/15/03 MTO. 020106 Florida Fish and Wildlife Cowervadon Commission (FWC) OLD KIMLEY RRB MEETING SCHEDULED, HAS NO'S YET OCCURRED. KHA WILL MEET AND UPDATE BY 10/15/03 MTO. 020107 Fk" Department Of TmspoAation (FDOT) OLD KIMLEY RRB INITIAL CONTACT HAS OCCURRED AND KHA REQUESTED AS -BUILT DRAWINGP FOR U.SAI CORRIDOR AND BOYNTON BEACH BLVD. CORRIDOR. 020108 Pain Beach County Traffic lIn$meering OLD KIMLEY RRB NOT YET CONTACTED. 020109 Baynton Beach Utilities OLD KIMLEY RRE INITIAL MTG. HAS OCCURRED. UTILITIES ANTICIPATES DESIGNI CONSTRUCTION OF A NEW WATER MAIN AND NEW SEWER LINE WITHIN LIMITS OF THIS PROJECT. (SEE KHA MTG. NOTES 9/24/03) 020110 Florida Power and Light (FPL) OLD KIMLEY RRB INITIAL MTO. HAS OCCURRED. F.P.L. WILL REQUIRE EASEMBM FOR POWER LINES, CABINETS AND TRANSFORMERS ALONG ENTIRE CORRIDOR. F.P.L. REQUIRES LETTER OF ` AUTHORIZATION FROM C.R.A. TO PREPARE INITIAL COST ESTIMATE. (SEE KHA MTO. NOTES 9/73/03) 020111 Southern Bell OLD KIMLEY RRB INTI7AL MTC. HAS OCCURRED. BELL SOUTH DESIRES GANG TRENCH WITH F.P.L. AND C.A.T.V. FOR UNDERGROUND FACILITIES. 020112 Gas Company OLD KIMLEY RRB INITIAL CONTACT HAS OCCURUD. GAS COMPANY HAS NO CURRENT PLAN FOR UPSIZING. HOWEVER. PROPOSED DEVELOPMENT IN AREA MAY NECESSITATE UPSIZII O. Pmpared By: Burkhardt ConsavWon, Inc. Dated: 10/=003 6,ge"W • *tpo 2 ons 3 10/02/2003 15:50 56165`-402 BURKHARDT CONST INC PAGE 04 BURKHARDT MEETING NOTES CONSTRUCTION, INC. , No. 0001 N 1400 Alabsma Avenue, #20 West Palm Beach, Florida 33401-7048 Tel: (581) 859-1400 FWC (WI) 869-1402 PROJECT T rrLE: B.B. Promenade & Riverwalk MEETING DATE: 10/1/2003 LOCATION: B.B.C.R.A. Office SUBJECT: B.B. Promenade and Riverwalk ITEM DtSCRYPTIION STATUS STARTED DUE BALL IN COURT 020113 Cable Company OLD KIMLEY RRB U41MAL CONTACT HAS OCCURRED. C.A.T.V. TO BE IN GANG TRENCH WITH F.P.L. dt BELLSOUTH. 020114 Baynton Beady Engine ft OLD KIMLEY RRB INITIAL 1uM. HAS OCCURRED. ENGINEERING WTIAL ISSUES ARE OUTLMD IN KHA NOTES 9/24/03. . 020115 Boyntm Best CRA OLD ALL ISSUES DISCUSSED IN OTHER ITEMS. 020116 Marine Developer And Professional Services Team OLD COORDINATE F.P.L.. EASEMENT SIZES AND LOCATIONS. 020117 Florida Dement ofEnviromemtal Protection OLD CXA. HAS 10 POINT 1E11 EIZ FROM D.E.P. WITH BASIC REQUIREbM-k I'S. COPY PROVIDED FOR XkIA. 020118 Review dt coordination with Palid:e/ Fin DMa uuents. OLD INITIAL MTG. WILL OCCUR UPON COMPLETION OF 30% DESIGN PLAN. 020119 Horiaontel alig:rnwat of Boynton Hencb Blvd. extension. OLD INITIAL TO SCALE HORIZONTAL CONTROL K -AN FROM KHA REVIEWED. 030101 Request fbr TransportWoa Concurrency Exemption Arca OLD (TCEA) Study. C.R.A. REQUESTED PROPOSAL FROM BURKHARDT/ KIMLEY-HORN FOR TCEA STUDY, BCU KHA WILL SUBMIT PROPOSAL BY 10/6/03. Prepared By: Burkhardt Construction, %. Dated: 10/2/2003 km.+wme 4 rro ds 10/02/2003 15:50 56165&x'02 BURKHARDT CONST INC PAGE 05 BURKHARDT MEEMG NOTES CONSTRUCTION, INC. No. 0001N 1400 Alabama Avo", *20 West Palm Beach, Flgrida 33401-7048 Tel: (581) 659-1400 Fax: (561) 659-1402 PROJECT TITLE: B.B. Promenade dt Riverwalk MEETING DAVE: 10/1/2003 LOCATION; B.B.C.R.A. Office SUBJECT: B.B. Promenade and Riverwalk I'T'EM 1 low 110101 110102 110103 1I0104 120000 ]ASCRIPTION CONTRACT A" CHANGE ORDER STATUS 15% sic design plan dated 9/10/03 approved & signed ott 30% design approved by board 9/9/03. Contract attmtendmeut M yet received. Woke for 90% of initial sch mWic (15%) design phase submitted dt payment received 9/11/03. STATUS STARTED DUE OLD CLO MEE CLO Invoice for balance of 15% schematic design phase ready to OLD be submitted for owner payment. SCHEDULE UPDATE • p 120101 Conversation with Larry Justice ('Rhe Related Group) re: OLD marina project schedule. MARINA PROJECT ANTICIPATES JAN. 2004 START WI'T'H 15 MONTH CONSTRUCTION SCHEMLE. BOYNTON BEACH BLVD. EXTENSION TO BE COMPLETED FOR ACCESS TO MARINA PROJECT BY MARCH 2005. TO ACCOMODATE THIS DEADLINE. BOYNTON BEACH BLVD. EXT. CONSTRUCTION MUST BEGIN FEB. 2004. 120102 Establish iuitiial tiro Hmx for design, permitting trod OLD conaruction. INITIAL BAR CHART SCHEDULE WILL BE DEVELOPED BY BCl/ KHA AND SUBN II D BY 10/15/03. Prepared By: Burkhardt Consduction, Inc. am"d e0 5 Dated: I0/2/Z003 BALL IN COURT ..•,. ars 10/02/2003 15:50 561655,.M2 BURKHARDT CONST INC PAGE 06 B U RKHARDT MEETING NOTES CON'STRUCT'ION, INC. No. 0001 N 14W Atabome Avenue, 820 West Palm BwO, Florida 33401-7048 !>3 Tel: (581) 859-1400 Fax: (581) 659-1402 PROJECT TITLE: B.B. Promenade & Riverwalk MEETING DA'Z'E: 10/1/2003 LOCATION: B.B.C.R.A. Office SUBJECT: B.B. Promenade and Riverwalk ITEM DgSCRWTION STATUS STARTED DUE BALL IN COURT 130000 OTHER OLD 1400M ACTION Tf9M51 OPN 140101 INITIAL TRAFFIC STUDY TO DETERMINE LANE NEW KIMLEY RRB CONFIGURATIONS 140102 S.F.W.M.D. PERACT APPLICA,77ON NEW KIMLEY RRB 140103 INMAL TIMELINE SCHEDULE NEW BCI/K1ML14 DEH/?,Re 140104 LETTER AUTHORIZING F.P.L. TO PROCEED WITH NEW BBBCRA D" INITIAL COST ESTIMATE. 150000 NEXT J013 PROGRZ89 M nMgG WILL BE ON OLD WEDNESDAY OCTOBER 15, 2003 Q 9:30am. "ate BY: Burkhardt Conatructlon, Inc. Dated: 10/2/2003 s„MA6e. A 6 p.wfdf APPENDIX B Items reviewed for this report: • Boynton Beach Boulevard Extension Promenade and Riverwalk for the Boynton Beach Community Redevelopment Agency, including the following sheets: Cover Sheet, Sheet 1 dated 11/19/03 Boynton Beach Blvd Ext. "Illustritrave Layout" sheet SP -1, dated 11/20/03 Boynton Beach Blvd. Ext "Illustritrave Layout" sheet SP -2, dated 11/06/03 Boynton Beach Boulevard Extension, Promenade & Riverwalk Typical Roadway Sections, sheet 2.1 dated 11/19/03 Boynton Beach Boulevard Extension Horizontal Control Plan 28+00 to 40+00, sheet 3.1 dated 11/19/03 Boynton Beach Boulevard Extension Roadway Plan + Profile 30+00 to 32+40, sheet 4.1 dated 11/19/03 Boynton Beach Boulevard Extension Roadway Plan + Profile 32+40 to 38+00, sheet 4.2 dated 11/19/03 Boynton Beach Boulevard Extension Roadway Plan + Profile 38+00 to 44+00, sheet 4.3 dated 11/19/03 Boynton Beach Boulevard Extension Utility Plan + Profile 30+00 to 32+40, sheet 5.1 dated 11/19/03 Boynton Beach Boulevard Extension Utility Plan + Profile 32+40 to 38+00, sheet 5.2 dated 11/19/03 Boynton Beach Boulevard Extension Utility Plan + Profile 38+00 to 44+00, sheet 5.3 dated 11/19/03 Boynton Beach Boulevard Extension Utility Details, sheet 6.1 dated 11/6/03 Boynton Beach Boulevard Extension Utility Details, sheet 6.2 dated 11/6/03 Boynton Beach Boulevard Extension Utility Details, sheet 6.3 dated 11/6/03 Boynton Beach Boulevard Extension Paving & Grading Details, sheet 7.1 dated 10/6/03 Boynton Beach Boulevard Extension Drainage Details, sheet 7.2 dated 11/6/03 Boynton Beach Boulevard Extension Pavement Marking Plan 28+00 to 40+00, sheet 8.1 dated 11/19/03 Boynton Beach Boulevard Extension Hardscape Plan, sheet SP -1 dated 11/20/03 Boynton Beach Boulevard Extension Hardscape Plan, sheet SP -2 dated 11/20/03 Boynton Beach Boulevard Extension Landscape Plan, sheet SP -1 dated 11/26/03 Boynton Beach Boulevard Extension Landscape Plan, sheet SP -2 dated 11/26/03 Boynton Beach Boulevard Extension Irrigation Plan, sheet IR -1 dated 11/26/03 Boynton Beach Boulevard Extension Irrigation Plan, sheet IR -1 datedl 1/26/03 • Initial Opinion of Probable Cost — Boynton Beach Blvd Extension • Initial Opinion of Probable Cost — Relax Inn Site Improvements • Geotechnical Engineering Service Report prepared by Tierra — Geotechnical Materials Engineering Meetings Attended: November 19' 2003 at city hall with the Related Group design team December 10, 2003 at CRA with the Design Build Team APPENDIX C BOYNTON BEACH REDEVELOPMENT AGENCY Comparison of the Initial Cost Estimate with the Current Opinion of Probable Cost dated 12/1/03 Notes 1 Furnishings including benches, litter bins, bollards, benches were not defined in the original estimate 2 Buildling Features including a bus shelter and a mult-use structure for restrooms, security, ticketing, and storage were not included in the original estimate 3 Opinion of Probable Cost values were adjusted to include the contractors mobilization and general condition costs APPENDIX C Opinion of Probable Original Cost Cost dated Item Estimate 12/01/033 Difference Paving $1,300,000.00 $1,439,023 $139,023 Entrance Gateway $120,000 To be deter. -$120,000 Furnishings $0 $222,998 $222,998 Building Features 2 $623,931 $623,931 Fountains $150,000 $0 -$150,000 Landscape $120,000 $616,620 $496,620 Wall/Fence $80,000 $173,314 $93,314 Lighting $100,000 $455,181 $355,181 Subtotal $1,870,000 $3,531,067 $1,661,067 Contingency $187,000 $350,000 $163,000 Grand Total with Contingency $2,057,000 $3,881,067 $1,824,067 Notes 1 Furnishings including benches, litter bins, bollards, benches were not defined in the original estimate 2 Buildling Features including a bus shelter and a mult-use structure for restrooms, security, ticketing, and storage were not included in the original estimate 3 Opinion of Probable Cost values were adjusted to include the contractors mobilization and general condition costs APPENDIX C Boynton Beach CRA 639 East Ocean Ave Suite 107 Boynton Beach, FI 33435 Contact: Susan Vielhauer Controller E-mail: vielhauers@ci.boynton-beach.fl.us Phone: 561-737-3256 Press Release For Immediate Release Boynton Beach CRA announces Development Regions Grant Program Round VIII SMALL BUSINESS GRANTS: Boynton Beach Community Redevelopment Agency (CRA) will accept applications for the Development Regions Grant Program Round VIII beginning on Wednesday, January 21, 2004 and closing February 24, 2004 at 5:00 PM. This grant program provides assistance to small businesses toward revitalizing the low to moderate -income areas in the Boynton Beach CRA area. The goals are to transform these communities into areas of economic reinvestment and diversification by increasing job growth, encouraging entrepreneurial opportunities, revitalizing commercial districts and focusing on positive human resources development. This program is a joint effort of Palm Beach County, Boynton Beach CRA, and business owners, with all partners funding a portion of the cost. If you would like more information about the Boynton Beach CRA Development Regions Grant Program Round VIII, please call Susan Vielhauer at the CRA office 561-737-3256. Please join us for the Development Regions Grant Program (Round VIII) Meeting Tuesday, January 20, 2004 10:00 am to 12noon 12' Floor, McEaddy Conference Room Governmental Center 301 North Olive Avenue West Palm Beach, Florida Agenda Pamela Nolan, Economic Development Specialist 1. Welcome and Introductions 2. Development Regions Round VIII A. Map B. Schedule C. Criteria D. Application E. Invoicing & Reporting 3. Impact Fee Assistance Program The annroved DR application package will be distributed at the meeting_ If you cannot attend this meeting, please send a representative from your organization. Economic Development Office 561-355-6835 Development Regions Grant Program Round VIII Project Schedule: 2004 January 19 - Feb. 6 Advertisiniz for new business and public improvement applications under Round VIII of Development Regions Grant Program (3 Weeks). Economic Development Office (EDO) holds orientation meetings with municipalities/CRAB and unincorporated area businesses located in or adjacent to the Development Regions. Application forms will be available. February 2 O ening of application process of Development Regions Grant Program. Accept applications over eight (8) weekperiod. Municipalities/CRAB should advertise in their community. March 26 (5:00 pm) Submittal Deadline for all applications to be received by EDO no later than 5:00 pm. March 29 - April 1 Packets Prepared and sent to Business Review Committee. April 5 - 8 Review of applications by Business Review Committee. Date of meeting to review projects will be announced. Review Committee will consist of staff and selected representatives from Overall Economic Development Program (OEDP) Subcommittee. April 12 - 15 Forward Contracts to municipalities/CRAs or directly to business projects located in unincorporated areas for review and execution. Six (6) weeks provided for local entity to execute contract. May 20 OEDP Agenda Review by staff and Chair May 28 (5:00 pm) Return Deadline for executed contracts to be received by EDO. June 3 OEDP Committee is presented projects approved by Business Review Committee. June 8 or 22 Board of County Commissioners is presented DR8 Projects/Contracts for review and final approval. HAWPDATA\DR8-2004\Schedule- Scenario 2.wpd NEWS RELEASE FOR IMMEDIATE RELEASE ON: FOR MORE INFORMATION CALL: JANUARY 19, 2004 TO FEBRUARY 6, 2004 PAMELA NOLAN 561-355-6835 SMALL BUSINESS GRANTS: Palm Beach County to Accept Applications for Development Regions Grant Program Round VIII. The Palm Beach County Economic Development Office will accept grant applications for the Development Regions Grant Program Round VIII beginning on Monday, February 2, 2004 and closing on Friday, March 26, 2004 at 5:00 P.M. This grant program provides assistance to small businesses toward revitalizing the low to moderate income areas in Palm Beach County. These areas include but are not limited to Lake Park Riviera Beach, Mangonia Park, West Palm Beach, Lake Worth, Boynton Beach, Delray Beach, Belle Glade, Pahokee, South Bay, and unincorporated areas in Palm Beach County. The goal is to transform these communities into areas of economic reinvestment and diversification by increasing job growth, encouraging entrepreneurial opportunities, revitalizing commercial districts and focusing on positive human resource development. The program is a joint effort of the County, the cities, business redevelopment agencies and business owners, with all partners funding a portion of the cost. For more information, contact your municipality or Community Redevelopment Agency (CRA) to determine if you are within or adjacent to a development region and to request an application. VIII.Old Business 4479 Any person who decides to appeal any decision of the Community Redevelopment Board with respect to any matter considered at his meeting will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. The CRA shall furnish appropriate auxiliary aids and services where necessary to afford an individual with a disability an equal opportunity to participate in and enjoy the benefits of a service, program, or activity conducted by the CRA. Please contact Douglas Hutchinson at 561-737-3256 at least twenty-four hours prior to the program or activity in order for the CRA to reasonably accommodate your request. Memo To: CRA Board From: Douglas Hutchinson Subject: Ocean District Study Date: January 3, 2004 The Ocean District Plan was presented to you for consideration at the December Board meeting. The Item was tabled at that time and is once again in front of you for consideration. Back-up documentation was delivered to you along with the December Board meeting information. If for any reason you need another copy, Staff will provide one upon request. 4480 THE OCEAN DISTRICT W1313104,t"OVW-A REDEVELOPMENT PLAN Prepared For: The City Of Boynton Beach Community Redevelopment Agency Prepare By: The Department of Development Planning and Zoning Division November 2003 EXECUTIVE SUMMARY Executive Summary The Ocean District is directly adjacent to the city's downtown core. As such, it serves as a gateway community to the downtown area and supports the Federal Highway Corridor. The Ocean District Community Redevelopment Plan was prepared to serve three purposes. First, the plan will contribute toward the updating of the existing Community Redevelopment Area (CRA) Plan. The CRA plan is being revised in a five-part effort. The first effort is the Federal Highway Corridor Community Redevelopment Plan that was adopted in May 2001. The second effort is the Heart of Boynton Community Redevelopment Plan, which was adopted in December 2001. This study, The Ocean District Community Redevelopment Plan, is the third component of this update process. The fourth effort, currently underway, will address the Boynton Beach Boulevard Corridor, followed by the study of the remaining portion which is element to include the industrial area west of Interstate 1-95. The second purpose of this Plan is to recognize certain broad goals that need to be achieved in order to make downtown Boynton Beach a successful place. In terms of these goals, a successful place can be defined as: 1. A desirable place to live and work where both residents and workers have a sense of responsibility for the successful outcome; 2. A place of unique character with public spaces where people feel comfortable together; EXECUTIVE SU►&MY 3. A place of common vision and physical predictability for all new development that will allow for commercial and residential growth. A place of profitable investment that provides a positive aesthetic experience; and 4. A memorable place of human interaction and cultural benefit. The third purpose of the Plan is to provide recommendations for projects and programs, including amendments to the adopted Future Land Use Plan and Land Development Regulations, to be undertaken in order to create a new image and mix of uses for the civic and cultural center of the cit}. The study area is bounded by N.E. 3rd Avenue on the north, by Seacrest Boulevard on the west, by the F.E.C. Railroad on the east and by S.E. 2nd Avenue on the south. Existing conditions within the study area were thoroughly examined and evaluated. They indicate that there are a variety of challenges to, and opportunities for development and redevelopment. The plan calls for areas that lie south of N.E. 3rd Avenue and north of N.E. 1st Avenue to feature the most intense development. The areas containing Town Square should provide a transition from the civic and cultural center to urban form. The areas north and south of Ocean Avenue will frame the Ocean Avenue corridor, providing support for its business and other activities, while also supporting the preservation of the predominantly residential character of the neighborhood that lies in the southeast area of the Plan. Each of the areas presents unique issues. Collectively, these planning areas will form a hierarchy of development that will result in economic growth and a pedestrian - oriented, vibrant town center. EXECUTIVE SU FUMY Specific recommendations to guide the City toward realization of orderly and aesthetically pleasing development and redevelopment in the Ocean District Community Redevelopment Plan are summarized as follows: 1. Amend the Mixed -Low Regulations to add specific development standard for the Ocean District. A lesser density and intensity will provide a transition from the current allowed density and intensity in the adjacent downtown area; 2. Develop detailed signage standards to contribute to the aesthetic appearance of the Ocean District; and 3. Develop a design program for structures and street furniture to include a color palate. TABLE OF CONTENTS LIST OF TABLES vi LIST OF EXHIBITS vii SECTION I. COMMUNITY REDEVELOPMENT AGENCY Introduction and History 2 Goals, Objectives and Policies 9 General Statement 13 II. ANALYSIS OF EXISTING CONDITIONS Existing Land Use Regulation and Policies 18 Existing Traffic Patterns 28 Existing Property Analysis 33 Existing Code Compliance 38 Pictorial of Existing Conditions 40 III. REDEVELOPMENT PLANNING PROCESS In-house Workshop and Public Visioning Sessions 45 Study Areas' Strengths and Weaknesses 47 Staff Analysis After In-house Workshop and Public 48 Visioning Sessions IV. ISSUES AND OPPORTUNITIES Issues and Opportunities: Redevelopment Strategies 54 V. ALTERNATIVE PLANS Urban Design Narrative 58 VI. RECOMMENDATIONS AND PROJECTS Recommendations and Projects 91 VII. NEIGHBORHOOD IMPACTS OF REDEVELOPMENT ACTIVITIES Neighborhood Impacts of Redevelopment Activities 96 VIII. SOURCES OF REDEVELOPMENT FUNDING AND FINANCING Sources of Redevelopment Funding and Financing 100 IX. REFERENCES 104 X. ACKNOWLEDGEMENTS 106 XI. APPENDIX 107 LIST OF TABLES Tables Page 2.1 Land Use Distributions 24 2.2 Zoning Distribution Chart 24 2.3 Uses Distribution Chart 33 2.4 Assessed Value for Single -Family Homes 34 2.5 Change in Assessment for Single -Family Homes 34 2.6 Market Activity for Single -Family Homes 34 2.7 Assessed Value for Condominiums 35 2.8 Change in Assessment for Condominiums 35 2.9 Market Activity for Condominiums 35 2.10 Assessed Value for Commercial 36 2.11 Market Activity for Commercial 37 7.1 School Capacity and Enrollment, 2008-2009 97 vi SECTION I COMMUNITY REDE VELOPMENT AGENCY 1. Introduction and History Redevelopment efforts in the City of Boynton Beach commenced in August 1981 when the City established the Boynton Beach Community Redevelopment Agency (CRA) in accordance with Chapter 163, Part 3, F.S. On May 4, 1982, the City of Boynton Beach declared a portion of the downtown area to be suffering from slum and blighted conditions, as evidenced in Resolution 82 -KK, and established a Community Redevelopment Area (also referred to as "CRA") that initially contained 180 acres. The original boundary of the CRA included a core portion of the Ocean District Community Redevelopment Area,.... Northeast 3rd Avenue to Ocean Avenue on the north. The powers of the CRA that are contained in Section 163.370, Florida Statutes include, but are not necessarily limited to, the following activities: ❑ Acquire property deemed necessary for community redevelopment, except that the use of eminent domain shall require specific approval from the City Commission; ❑ Hold, improve, clear, or prepare any acquired property for redevelopment; ❑ Dispose of property acquired within the Community Redevelopment Area for uses in accordance with the adopted community redevelopment plan; ❑ Carry out programs of repair and rehabilitation; ❑ Plan for and assist in the relocation of persons displaced by redevelopment activities; ❑ Receive and utilize tax increment revenues to fund redevelopment activities; ❑ Appropriate such funds and make such expenditures as are necessary to carry out the purposes of the Community Redevelopment Act of 1969; and ❑ Close, vacate, plan, or replan streets, roads, sidewalks, ways or other places. 2 The CRA may undertake any additional action not specifically mentioned above if such action is necessary to undertake redevelopment efforts, except that the following powers remain under the control of the Boynton Beach City Commission, pursuant to Section 163.358, Florida Statutes: ❑ The power to determine an area to be a slum or blighted area, or combination thereof. to designate such area as appropriate for community redevelopment; and to hold any public hearings required with respect thereto; ❑ The power to grant final approval to community redevelopment plans and modifications thereof; ❑ The power to authorize the issuance of revenue bonds as set forth in Section 163.385, Florida Statutes; ❑ The power to approve the acquisition, demolition, removal, or disposal of property as provided in Section 163.370(3), Florida Statutes, and the power to assume the responsibility to bear loss as provided in Section 163.370(3), Florida Statutes; and, E3 The power to approve the development of community policing innovations. In April of 1983, pursuant to its finding of necessity, the City commenced preparation of the Boynton Beach Community Redevelopment Plan comprising a redevelopment program pursuant to the Community Redevelopment Act of 1969 as amended from time to time. The plan was subsequently adopted on August 21, 1984. The Redevelopment Plan examined the current conditions at that time, the market opportunities, and made some key recommendations for redevelopment that focused on the downtown area, which centered on Boynton Beach Boulevard and Federal Highway. Broadly, the plan recommended the creation of a unique identity for downtown that should be pedestrian -friendly, marine focused and oriented toward the water. To achieve this broad goal, the plan made three key recommendations. First, the plan recommended 3 construction of a mixed use development consisting of a public waterfront park, specialty retail and residential uses. Next, the plan recommended construction of a hotel with convention space in order to recapture the City's share of the tourism industry. The third broad recommendation was the creation of a marina and marine related uses east of Federal Highway along the Intracoastal Waterway (IC W). At the time that the original Community Redevelopment Plan was prepared and those recommendations were made, the Florida Department of Transportation (DOT) was planning roadway improvements in the area. The DOT had previously made improvements to Boynton Beach Boulevard. The next phase of planned work was to construct a bridge at Boynton Beach Boulevard that spanned the ICW, and then remove the existing bridge at Ocean Avenue. The redevelopment plan contained recommendations that were based upon the DOT roadway work being completed. The plan was specific in stating that the success of the recommended redevelopment concepts would hinge upon the construction of the Boynton Beach Boulevard bridge, and removal of the Ocean Avenue bridge to the south. The planned bridge, however, was never constructed because of neighborhood preservation issues raised by residents, and the renovated Ocean Avenue bridge continues to provide access to the east in this immediate area. The Boynton Beach Community Redevelopment Agency subsequently expanded the boundary of the original CRA. The expanded area included an additional 518.76 acres of land lying west of the Florida East Coast Railroad to Interstate 95, between the Boynton Canal on the north and Ocean Avenue on the south. A separate redevelopment plan was adapted to provide recommendations for the expanded area, which included focusing on 4 Boynton Beach Boulevard as a gateway to Boynton Beach and preservation of the residential character of the expanded CRA area, which was composed mainly of residential land uses. In September 1996, the City of Boynton Beach conducted a citywide visioning session. More than 100 community representatives participated in the American Assembly Process, which resulted in a policy statement that addressed seven key issues of concern. Among these were commercial revitalization and economic development. The City utilized this policy statement to commence the process of specific planning efforts for the redevelopment of downtown and the marina areas, as well as for major roadway corridors. These efforts resulted in the Boynton Beach 20/20 Redevelopment Master Plan (20/20 Plan) that was completed in September 1998. The 20/20 Plan addressed the seven key issues identified during the American Assembly Process and restated them in terms of specific goals and objectives. A number of these goals and objectives will be furthered in part or in whole through the preparation and implementation of the Ocean District Community Redevelopment Plan. Generally, these focus on uses and needed development standards within the Ocean District, and are summarized as follows: Goal 2: Commercial Revitalization Objective 2.1 — Expand the CRA boundary to increase financial resources during redevelopment plan implementation. Goal 3: Downtown Redevelopment Objective 3.1 — Create specific areas in the downtown that are pedestrian and bicycle friendly, and where mixed uses and infill development are encouraged. 5 Objective 3.2 — Prepare conceptual area plans and design criteria for the cultural center/marina area district that addresses such issues as mixed uses, signage and landscaping. Through the documented conditions of slum and blight contained in the 20/20 Plan, the CRA board evidenced the need to expand the CRA to include those portions of the Ocean District Community Redevelopment Plan south of Ocean Avenue to north of Southeast 2nd Avenue. While the boundaries were expanded, the redevelopment plan itself was not updated to include this additional land area. This plan, therefore, will serve as a redevelopment plan for the Ocean District Community Redevelopment Area that emphasizes uses and development standards; and provides sufficient scope and format to fulfill the minimum plan requirements of Chapter 163.362 for the expanded CRA area. The boundaries of this expanded area, include Northeast 3rd Avenue on the north, Seacrest Boulevard on the west, the F.E.C. Railroad on the east, and Southeast 2nd Avenue on the south, (see Exhibit 2.1- Location Map on Pg 15). The study focused on uses and needed development standards for this downtown district. The boundaries of the expanded Community Redevelopment Area were drawn to take into account the need for physical redevelopment as well as the need to protect neighborhood areas from the presence of blighting influences. Properties located within the redevelopment area that are not presently in need of redevelopment assistance, are threatened by the nearby presence of blighting conditions and, therefore, are included to preserve their long-term viability. As a general standard, the boundary of a proposed redevelopment area includes areas which clearly meet the slum or blight criteria, as well as areas that may not be considered individually, but which are otherwise necessary to m achieve the objective of eliminating blight and preventing its spread. Additionally, some physically sound areas were included in the expanded redevelopment area based on the their functional relationship to the Ocean District Community Redevelopment Plan and the uses to which they are contiguous. 2. CRA Goals, Objectives and Policies The underlying concept behind the goals and objectives contained in the original- Community riginal Community Redevelopment Plan are still applicable, with minor revisions to address changing circumstances. The concept of those goals and objectives are included within this section. Additional goals, objectives and policies have been added to address the Ocean District. GOAL 1: The Community Redevelopment Agency will undertake programs and projects to establish a unique identity for the Ocean District Redevelopment Area as a gateway to city's downtown core. Objective 1.1: Community planning areas shall be identifiable Policy 1.1A: Develop a coordinated signage program that effectively identifies the entrances to each of the planning communities. Policy 1.1B: Develop a strategy to promote these community planning areas to citizens and the general public. Policy 1.1C: Ensure that each planning community has a public presence Policy 1.1E: Create an environment that encourages a variety of full time activity in the area. Objective 1.2: Community planning areas shall form a hierarchy that lead to the core downtown. Policy 1.2A: Create zoning and land development regulations that allow for diversity of mixed uses in the downtown area and adjacent communities. Policy 1.213: Create zoning and land development regulations for communities adjacent to the downtown that allow for a height and mix of uses that provides a transition into the downtown 9 Objective 1.3: Community planning areas shall include a balance of sustainable. functional land uses. Policy 1.3A: Land uses within the downtown area shall be mixed uses that include residential, destination commercial, retail and restaurants. Policy 1.313: Permitted land uses shall be destination uses and not those with a vehicular orientation. Policy 1.3C: Land development regulations shall discourage single user commercial uses with front field parking. Policy 1.313: Land uses within the communities that form the gateways to downtown shall be mixed uses that include residential and neighborhood serving retail. Policy 1.3E: Within the communities that form the gateways to downtown, general commercial uses that have a vehicle orientation shall be discouraged. Policy 1.3F: A range of residential styles and intensities shall be encouraged within the communities that form the gateways to downtown. Policy 1.3G: A range of residential styles and intensities shall be encouraged within the communities that are the entrances to the city. Policy 1.3H: Land development regulations shall address buffering and setbacks between residential uses and non-residential uses to protect the community. GOAL 2: The Community Redevelopment Agency shall foster economic growth and redevelopment within the Redevelopment Area. Objective 2.1: Provide incentives for development and redevelopment. Policy 2.1A: Land use plan designations to allow for mixed use development, as recommended by the redevelopment plan, shall be initiated by the CRA. Policy 2.1B: Land development regulations shall provide alternatives to parking requirements in the downtown area. Policy 2.1C: Land development regulations shall encourage maximum site utilization for development and redevelopment of single-family, detached residential areas. Policy 2.11): The Community Redevelopment Agency shall pursue the construction of specified redevelopment projects. Its role in the projects shall be one of active participation 10 and may include, but not necessarily be limited to, property acquisition, building demolition_ provision of parking facilities and infrastructure improvements. Objective 2.2: Maximize economic value of development and redevelopment Policy 2.2A: Development and redevelopment projects that provide for increased employment opportunities for residents shall be encouraged. Policy 2.213: When possible, CRA funding for projects shall be structured to encourage investment in redevelopment and rehabilitation, in either the same project or adjacent areas. Policy 2.3C: The Community Redevelopment Agency shall initiate programs and projects that focus on business development and act as catalysts to leverage additional investment by private enterprise. Objective 23: Encourage public activity in the downtown community and adjacent neighborhood. Policy 2.3A: The Community Redevelopment Agency shall either directly or indirectly encourages programs to market the downtown. Policy 2.3B: The CRA shall develop a strategy to provide for regularly scheduled special events in the area. GOAL 3: The Community Redevelopment Agency IVNIill pursue activities and projects that will create an aesthetically pleasing environment. Objective 3.1: Provide for appropriate land uses. Policy 3.1A: Uses that have a vehicular orientation shall not be permitted in the downtown community, or in the adjacent communities that are the gateways to the downtown. Policy 3.113: Adult entertainment and similar thoroughfare uses, such as tattoo parlors, fortune tellers, body piercing shops, head shops and other similar uses, shall not be permitted to locate within the redevelopment area. Policy 3.1 C: Land uses that incorporate outdoor storage or display shall not be permitted. Objective 3.2: Provide for appropriate land development regulations. Policy 3.2A: Land development regulations shall provide a coordinated signage program for the redevelopment area. 11 Policy 3.2B: The CRA shall develop an architectural theme and color palate for the redevelopment area. Policy 3.2C: The CRA shall encourage the development and implementation of a streetscape program that may include street furniture, special signage, unique crosswalk treatments and landscaping. 12 3. Genal Ektest Re latingto th CRA Relationship to City's Comprehensive Plan It is the intent of the Community Redevelopment Agency to conform all of its proposed programs, projects and activities to the Boynton Beach Comprehensive Plan and the adopted code of ordinances. In this regard, portions of the comprehensive plan, future land use plan map and the land development regulations will need to be amended to allow for redevelopment activities as recommended. Safeguards to Ensure Redevelopment Activities Follow the Redevelopment Plan The following activities will ensure that redevelopment actions will be consistent with the adopted redevelopment plan: ❑ The CRA shall file an annual report with the State's Attorney General Office and the City of Boynton Beach. The report shall contain an overview of the activities of the CRA as allowed by the redevelopment plan. ❑ The CRA shall be fully subject to the Florida Sunshine Law and will meet at least on a monthly basis in a public forum. ❑ The CRA shall provide adequate safeguards to ensure that all leases, deeds, contracts, agreements and declaration of restrictions relative to any real property conveyed shall contain restrictions or covenants to run with the land and its uses, or contain other provisions necessary to carry out the goals and objectives of this plan. Safeguards to Ensure Financial Accountability The CRA shall maintain adequate records to provide for an annual audit that shall be conducted by an independent auditor. The findings of the audit shall be presented at a meeting of the CRA and such findings shall be forwarded to the State Auditor General's Office by 13 March 31" of each year for the preceding year that shall run from October I" through September 30`'. The annual audit report shall be accompanied by the CRA's annual report and shall be provided to the Towm for public review and availability_ Legal notice in a newspaper of general circulation shall be provided to inform the public of the availability for review of the annual audit and annual report. 14 SECTION II ANALYSIS OF EXISTING CONDITIONS 15 16 ❑I Epp d L3 A (7 oy �I� (((������jjjjj ���� _ S—T ❑ .�.. u Di B ,J 11`rrJJ`] ril rr] '+L VD AE IS T AVE IYE IS TAW ZD L ±^ n r E OCEAN AVE E OCEAN AVE ED YD 3 t f SSE 1STAW CD�� SEl ISTAVE mom, tim 11 E3 4[jOgg p 0 L�j D p F,1 'r-11 C,p �- C) Legend strict Boundary �:' $ Railroads Building OceanDistrct Community Redevelopment Plan Bay7dM Bendy fladda ■ s m m p- s Date :lit Z, 20k3 16 I',£ tI?fi Ab'i � 14- f1L) AVL tAA !W a[A t RF '�1A4CANiRE `#REHOWC # Y u.. c ^ ` LL ST D n. c ., r r i l m �s a D..,�....._ ��.�..�,__._.... u� `841' n ,.� � .�. 9 It" 10 rn to u ;:ED <.. _ W IST Avr g fiV C a Coo r,y YjpC..NT-06 y �� w lf q 4 , w. ICI AL Q ..Y .. 1a. b 1S I AVE SE LL OWL r.. $a. F ... 8F - AVL of PJI,) Ai/f mw All 1. Existing Future Land Use and Zoning Existing Future Land Use and Zoning The Existing Future Land Use Map and Zoning Map specify the land uses, type and specific uses that are permitted on a parcel. These, along with the Land Development Regulations, which deal with spatial relationships of improvements, are the primary tools by which the City regulates development within its boundaries. The following paragraphs describe the present future land use designations and the corresponding zoning districts within the 37.7 -acre Ocean District Redevelopment Study Area. Low Density Residential (LDR) The southeastern corner of the study area contains approximately 1-112 blocks designated Low Density Residential, which permits development at 4.84 dwelling units per acre (du/ac). This same future land use designation extends across almost the entire area abutting the southern boundary of the study area and occupies approximately 2.7 acres. The corresponding zoning district, Single-family Residential (R -1 -AA), limits the area, to in part, to single family homes_ .Medium Density Residential (MDR) Land designated Medium Density Residential is found in a strip of approximately 2.6 acres along the northwestern boundary of the study area. This designation permits 18 development at 9.68 du/ac and corresponds to the single- and two-family (R-2) zoning district. This land use designation extends northward beyond the study area. High Density Residential (HDR) Portions of four blocks, or approximately 3.9 acres, in the core of the study area are designated High Density Residential. This designation permits residential single, two family and multi -family uses up to a maximum of 10.8 du/ac, and corresponds with the Multi -family Residential (R-3) zoning district. All of the existing multi -family residential developments within the study area were built at higher densities ranging between 16.5 du/ac and 48.4 du/ac. Local Retail Commercial (LRC) With the exception of four parcels in the northeast corner of the study area (see general commercial), all of the commercially -classified land in the study area, or approximately 11.9 acres, is designated Local Retail Commercial. This designation corresponds with the Neighborhood Commercial (C-2) and Community Commercial (C- 3) zoning districts. Uses allowed in this- land use category include offices, retail uses, personal services and repair of consumer goods and business services compatible with retail uses. In addition, high-density residential and mixed-use developments are also allowed within this commercial zoning district. 19 The lands designated Local Retail Commercial are found along the Boynton Beach Boulevard corridor, along Ocean Avenue, and along the eastern boundary of the study area, fronting on the FEC Railroad right-of-way. That portion of Ocean Avenue located between 1st Street and 3rd Street that is designated Local Retail Commercial, is zoned Multi -family Residential (R-3). All of the parcels, except one, are developed with residential uses. The single exception is the property developed as a convenience store. The Comprehensive Plan allows for property designated Local Retail Commercial to be developed with multi -family uses. The Zoning Code also allows for property zoned Community Commercial (C-3) to be developed with multi -family uses; however, the code does not allow for property zoned Multi -family Residential (R-3) to be developed with a commercial use. General Commercial (GO The General Commercial land use category allows the most intense commercial development and corresponds with the General Commercial (C-4) zoning district. As cited above, there are 4 parcels, totaling approximately 0.9 acres, in the northeast corner of the study area (north of Boynton Beach Boulevard) that are classified accordingly. Industrial (I) Only two parcels totaling 0.5 acre in the study area are designated Industrial and zoned Light Industrial (M1). These parcels are adjacent to the area classified General Commercial in the northeast corner of the study area and adjacent to the FEC Railroad 20 right-of-way. Both areas classified General Commercial and Industrial extend northward beyond the study area. Public & Private GovernmentallInstitutional (PPGI) Approximately 40 % of the study area, or 15 acres, are designated Public & Private Governmental/ Institutional and are occupied by the municipal complex. Within this land use category are lands zoned Public Use (PU) and Recreation (REC). This area has also been the subject of the Town Center Master Plan. ***The following section are existine Comprehensive Plan Policies affecting the study area The existing Comprehensive Plan Future Land Use support document, "Section VIII. Land Use Problems and Opportunities", contains additional recommendations applicable to the study area, and in particular the Municipal Complex and the commercial area along Ocean Avenue. This study will reconsider the current value of these policies and recommend steps to further implement them or recommend alternative amendments and policies. Municipal Complex The City is currently considering the expansion of the City Hall/Civic Center/Library complex, which occupies the blocks along the east side of Seacrest 21 Boulevard, between Boynton Beach Boulevard and SE 2nd Avenue. Since the parcels which are currently zoned Recreation and R-3 Multiple -Family Residential on these blocks may be incorporated into the municipal complex, the entire area should be placed in the Public and Private Governmental/Institutional land use category and Public Usage zoning district. The parcel, which is currently occupied by multiple -family housing, should be construed to be in this land use category only when it is actually acquired by the City and redeveloped for public use. East Ocean Avenue between Seacrest Boulevard and FEC Tracks In order to create a pedestrian and commercial corridor between City Hall and the CBD district, a special zoning district should be created for the segment of E. Ocean Avenue lying between 1st Street and the FEC tracks. However, in order to preserve the character of this street and prevent conflicts with adjacent residences, the following policies will be necessary: (1) Allow only restricted retail and office use for parcels fronting on E. Ocean Avenue; (2) Restrict building heights to 2 stories (25, feet); (3) Restrict the hours of operation for commercial uses; (4) Encourage "coastal vernacular" architecture for commercial buildings; encourage re -use of existing historic buildings for commercial uses. In order to encourage commercial uses along this street frontage, The City should allow all parking requirements to be waved for commercial uses, which occupy only lots 22 fronting on Ocean Avenue. Adequate parking will be provided on Ocean Avenue; at the City Hall complex, and proposed municipal parking garage between the FEC railroad and U.S. 1. 23 LAND USE AND ZONING DISTRIBUTIONS Table 2.1 -- Land Use Distribution Chart LAND USE DISTRIBUTION CHART GC 2% HDR IND j 0 PPGI 1 /o 1% l _LDR 7% i LRC McDR 32% 7% Table 2.2 -- Zoning Distribution Chart ZONING DISTRIBUTION CHART 2 REG C2 16% �� 10% _ C3 R3 / 16% 16%� C4 -----2% R2 7%� PU �. MI R1A 25% 1% 7% I 24 Lel -r)'Itfr J1ti r,;r1 B! 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'L 3=_iD UXU li/.3,FL Ocean District Community Redex slop meat F lan &Wdm amd, rindli Date. May 2, 2001 27 2. Existing Traffic Patterns Traffic Volumes Staff has conducted a number of 24-hour traffic volume counts throughout the entire study area. A graphical representation of traffic volumes is attached as exhibit "A". Staff finds that the lowest traffic volume identified was 184 vehicles per day on Barrista Way, a local street that functions like an alley connecting NE e Street and Federal Highway. The highest traffic volume counted within the study area was 932 vehicles per day on that segment of Ocean Avenue located between Federal Highway and SE 4th Street. Staff finds these traffic volumes to be extremely low for a central business district area. It would not be uncommon to find a collector street such as Ocean Avenue carrying nearly 3,000 vehicles per day, and those streets immediately on the perimeter of a central business district to carry 1,000 to 2,000 vehicles per day. Low traffic volumes have also been recorded in the area south of Ocean Avenue and East of Seacrest Boulevard, which consist of multi -family housing. This data may be attributed to the off-season period during which time the traffic volume surveys were conducted. In any scenario, staff believes that there remains sufficient capacity on the existing roadway network to accommodate growth and development in the area. Naturally, traffic volumes along Boynton Beach Boulevard, Seacrest Boulevard, and Federal Highway are much higher. According to Palm Beach County, 24-hour volumes on these arterial roadways are as follows: Boynton Beach Boulevard 14,285 Federal Highwav 22.37 Seacrest Boulevard 15.970 28 Developers rely heavily on traffic volume data, especially for development that will have a retail component. As a comparison to traffic volumes on arterial roadways in the study area, staff noted that there is in excess of 28,000 vehicles per day on Boynton Beach Boulevard near Congress Avenue and over 38,000 vehicles per day on Congress Avenue. Regulatory Traffic Control Staff has identified regulatory traffic control on exhibit "A". Traffic is primarily regulated at intersections by either 2 -way or 4 -way stop signs, except for the intersections of arterial roadways that are controlled by traffic -actuated signals. Staff does not recommend any changes to existing regulatory intersection control due to low anticipated benefit and the public being accustomed to current circulation patterns. On Ocean Avenue, the 4 -way stop configurations located at the intersection of SE lst Street and SE 3rd Street are not likely warranted according to the Manual on Uniform Traffic Control Devices. Staff does not recommend any change to the regulatory control at these intersections at this time. However, staff does suggest that as the downtown redevelops and traffic volumes increase on Ocean Avenue, the city should consider the benefit of replacing stop signs with alternative traffic calming devices, to bring into account both traffic engineering guidelines and impact on local businesses. Staff also notes that the 4 -way stop intersection at Ocean Avenue and 4`h Street is of particular concern due to its close proximity to the FEC Railroad crossing. An unsafe situation could be created at this location should traffic at the intersection stack -up into the railroad crossing. RFE Pedestrian Concerns Throughout the entire study area staff finds a wide variety of pedestrian related features. Sidewalks exist along all arterial roadways such as Seacrest Boulevard, Boynton Beach Boulevard, and Federal Highway. It is also fortunate that sidewalks have been constructed on both sides of Ocean Avenue through the entire study area. However, local roadways within the study area exhibit a wide range of pedestrian safety elements. Staff has identified the existing sidewalk on exhibit "A". You will note that there are many low volume roadways that have gaps in sidewalks or have sidewalks constructed adjacent to individual single-family lots and nowhere else on the particular block. For example, sidewalks exist around the library, but are absent throughout the neighborhoods around the library. Similar characteristics exist around City Hall and throughout the commercial district east of the railroad tracks. In addition to the lack of sidewalk in the local residential areas, staff finds a number of other impairments to pedestrian safety. For example, there are a number of multiple -family complexes that have direct access to parking in a manner perpendicular to the edge of the roadway. In these cases, the private developments are utilizing public right-of-way for the purpose of parking and this forces pedestrians to then walk in the roadway to avoid parked vehicles. Staff finds that the existing roadway network can absorb additional traffic volume very easily. Thus, traffic in and around the study area will likely be a minor concern as the area redevelops. Accommodation of pedestrians is an entirely different matter. As the study area redevelops, staff believes that it is appropriate for the City to take into consideration pedestrian safety_ As part of each review of any proposed projects. evaluation of pedestrian safety should be included not only with each project but should be considered throughout the study area as part of on going city capital improvement prod ect. 31 1%!NEF 111 r.4-4wnIa � 211 3. Existing Property Analysis JVnershin There are 107 parcels and 224 properties within the study area. Owners with multiple properties: ❑ 4 properties (Richard Ufier) ❑ 5 properties (Micheline Many) ❑ 5 properties (Kathleen Ambridge) ❑ 8 properties (Bob Katz) ❑ 13 properties (Charles and Kathryn A. Smith) ❑ 16 properties (City of Boynton Beach) There are 13 owners with 2 properties and 4 owners with 3 properties. Some 21 people who own property in Ocean District live out-of-state. A� Distrifion Table 2.3-- Distribution Chart for Uses USE GROUP PROPERTY USE # OF PROPERTIES RESIDENTIAL vacant residential 5 single family 35 apartments > 10 units 2 condominiums 126 multifamily < 10 1 RESIDENTIAL TOTAL 169 CONRvIERCIAL vacant commercial 5 stores 13 stores/office/residential 3 office 1 story 3 professional offices 5 restaurant I restaurant, drive thru 1 auto sales 3 warchousc/distribution 4 COMRAERCIAL TOTAL 38 PUBLIC municipal 16 UTILITY I GRAND TOTAL 224 33 • Residential Uses a. Single-family homes ❑ Number of properties: 35 ❑ Of 35 properties, 18 do not claim homestead exemption; they are not full time owner -occupied (most are either seasonal homes or rentals) Assessed value distribution of single-family homes: Table 2.4 --Assessed Value for Single-ramuy Homes ASSESSED VALUE RANGE # OF SF HOMES Below $30,000 2 $30,000 to $49,999 18 $50,000 to $69,999 12 $70,000 to $89,999 1 $90,000 and above 2 The averag assesse&aln of a sinkfaily homy is 0 Change in assessment, 1999-2000 (estimate for average increase in the city: 3%): Table 2.5 -- Change in Assessment for Single -r amtly homes CHANGE IN ASSESSMENT # OF SF HOMES Below 0% 1 2% and above but lower than 3% 14 3% and above but lower than 5% 5 5% and above but lower than 7% 5 7% and above but lower than 9% 3 9% and above 7 Market Activity: Table 2.6 -- Market Activity for Single-ramily domes YEAR OF LAST SALE # OF SF HOMES Last sold 1989 or earlier 7 1990-1994 7 1995-1999 9 Sold after 1999 9 o sales data available 3 Of all properties traded since 1999, 3 sold for $70,000 or more. 34 b. Condominiums ❑ Green Acres: 10 units, built 1968 ❑ Bovnton Center #1: 20 units, built 1973 ❑ Boynton Center #2: 20 units, built 1973 ❑ Boynton Center #3: 26 units, built 1972 ❑ Boynton Center #4: 8 units, built 1972 ❑ Boynton Center #5: 4 units, built 1971 ❑ Millicent Condos: 20 units, built 1972 ❑ Park Lane Condos: 14 units, built 1979 (North and South buildings) ❑ Vivienne's Condos: 4 units, built 1967 The total nhr of conAvindis hoertea&jpdon,thewre not.fli tial nits or rentals) is Qif hiis,Bl not claim ownereccpie4wt are either seasonal Assessed value distribution of condominiums: Table 2.7 --Assessed Value for condominiums ASSESSED VALUE RANGE # OF CONDO UNITS $11,600 - $16,599 12 $16,600 - $21,599 95 $21,600 - $26,599 15 $31,600 - $36,599 4 The average assessed value of a condo unit is $19,079. Percentage change in assessment, 1999-2000: Table 2.25 — unana in Assessment ror uonaonninum CHANGE IN ASSESSMENT # OF CONDO UNITS Below (-3)% 2 (-3)% and above but lower than (-1)% 8 (-1)0/o and above but lower than 1% 105 1% and above but lower than 3% 6 3% and above but lower than 5% 4 5% and above but lower than 7% 1 1 Market activity: Fable 2.9 — MarKet Acuvlty tor Lonaonumums YEAR OF LAST SALE # OF CONDO UNITS Lal sold 1989 or earlier 33 1990-1994 37 1995-1999 42 Sold after 1999 12 o sales data available 2 35 Phe 9tits soldn Btndrt arkt prices,4ol& a price of 1br less, andhe reniningsolfitprices btween *nd c. Apartments Pelican Harbor, 209 E. Ocean Ave, 10 units ❑ Last sold for $265,000 in April 2000 ❑ Appreciated about 130% since 1995, when the sale price was $115.000 (18% average annual appreciation) ❑ Intermediate sale 1997, price $185,000 Ocean East, 200 E. Ocean Ave, 12 units ❑ Last sold for $606,000 in July of 1001 ❑ Appreciated 76% since 1993, when the sale price was $345,000 (7.3% average annual appreciation) d. Multifamily , <-10 unit There is a single family home and duplex on one parcel, at 216 SE 2°a Ave. E. Vacant residential All 5 vacant residential lots were traded since 1999. • Commercial uses Total number of commercial properties is 38, of which 4 are industrial (warehouses) and 5 are vacant. One was eliminated from the tax roll in 2001. Assessed value distribution: Table 2.10-- Assessed Value for Commercial ASSESSED VALUE RANGE # OF PROPERTIES Less than $50,000 6 $50,000 - $74,999 6 $75,000 - $99,999 3 $100,000 - $124,999 5 $125,000 - $149,999 7 $150,000 - $174,999 5 $175,000 - $199,999 1 More than $200,000 5 Average value of commercial property is $126,506. 36 With the exception of two properties, which were assessed for over 20% higher value in 1999 than in 2000, and one property with the assessed value decreased by about 7%, assessments for the remaining properties remained unchanged. Market Activity: Table 2.11 -- Market Activity for Commercial YEAR OF LAST SALE # OF PROPERTIES I,ast sold 1989 or earlier 3 1990-1994 4 1995-1999 14 Sold after 1999 10 No sale data available 7 Of 10 properties sold in 2000 and 2001, one property sold at $575K, two sold at a price over $300K and two below $100K. Two of the Katz properties were transferred at a nominal fee (these two were sold in 1998 for $300K+). 37 4. Existing Code Compliance Data Analysis The studv area was researched for the most common code violations recorded between 1997 and 2001. The data assembled was divided by location and reviewed parcel by parcel. This is a summary of the findings. The most common violation for the study area is identified as CAMV, Community Appearance and Maintenance Violation. This violation is defined in the City of Boynton Beach Code of Ordinance that pertaining to the quality of life and maintaining same by prohibiting, abating, suppressing and preventing all things detrimental to the health, comfort, safety, convenience, visual aesthetics and welfare of the inhabitance of all zoning districts. The northern corner of the study area, which contains single-family houses and vacant lots, is the most cited by city officials with CAMV. The vacant lots that are cited- typically itedtypically contain overgrown grass, and trash and debris. The owners of the single-family houses are typically cited for aesthetics reasons (i.e. peeling paint, broken windows or unmaintained landscaping). The other citations include abandoned vehicles. In the northern section of Boynton Beach Boulevard, zoned C-3 Community Commercial, the Commercial parcels are also mostly cited for CAMV (i.e. poor paint condition). Other commercial properties were cited for needed light replacement. Some were also cited for not keeping their parking lots and swales properly maintained. The southwest part of Boynton Beach Boulevard, zoned C-3, is generally cited for CAMV, licensing violations, and zoning violations, (one parcel). This parcel is zoned C- 38 3, and was cited for displaying merchandise in public view. The most common citations in the area zoned R-3 is also CAMV and for abandoned vehicles. Several parcels fronting Ocean Avenue were also cited for CAMV, (paint condition), swale and parking lot conditions, and abandoned vehicles. On the southeast corner of the study area, zoned R -IA, the single-family houses are generally well maintained and without citations. It is noteworthy that this area was the location of most historic citations. we, I SETIONII 44 1. In -House Workshops and Public Visioning Sessions Because 40% of the land in the study area is city owned, it was felt that the city was a major stakeholder in the Ocean District. Accordingly, on Thursday, January 31, 2002, the City of Boynton Beach held an in-house workshop limited to participation from city staff and senior level administrators. This in-house workshop, an intensive 3 hour brainstorming session, was divided into several components: Phase I Report Presentation, Town Square Conceptual Master Plan Presentation, and team visioning session. Participants were divided into three different teams each consisting of a planner who assisted with facilitation and the design of a conceptual master plan for the entire area. The Purpose of this exercise ... "was to let their imagination run wild and think of the study area as a giant vacant lot". The final part of the in-house workshop was the presentation of each team plan. The city staff subsequently held a Public Visioning Session on Thursday April 11, 2002 for community stakeholders. This was the opportunity to obtain the vision that residents and property owners had for the study area. This visioning session was held at night for two and one-half hours. The program was similar to the in-house workshop with city staff in which participants were asked to join a group that was being facilitated by a planner. They were asked to describe their future vision of the area as if no restrictions were present. Prior to engaging in the group design exercise the public was shown a PowerPoint presentation of pictures from cities that have experienced success with similar redevelopment planning efforts. 45 The in-house workshop and the public visioning session produced numerous new ideas for the study area.. The most frequently proposed ideas were then synthesized and combined into three conceptual alternatives These three alternatives were presented to city staff and administration in another in-house workshop held on August 27, 2002. At this time, each alternative was divided into four different quadrants, showing three different scenarios for each quadrant area. The participants were asked to select their favorite quadrants (or elements) for study areas. Staff followed the same process with the public/residents/owners of the study area This second public workshop was held on October 10, 2002. Subsequently, staff developed the final two alternatives based on the most preferred quadrants. Staff found that there were many similarities and very little difference between the two groups. The overall objective was the same; a complete new vision for the Ocean District area. 46 2SUdy*a3 Stenghs and Weaknesses The following is the list highlighting the most commonly perceived strengths and weaknesses of the study area from both the h -House W orkshop and the Public Nioning Session. The strengths are what was valued and liked about the area and the weaknesses reflect concerns or dislikes. DSK KS MET IR A (Order listed does not reflect priority of concern) • Cluster of Civic/ Cultural • Retail in Boynton Beach Blvd. activities • Cock acces s to highway • Proximity to Marina • Kant to is near Railroad • Availability of infrastructure • Potential for redevelopment • Existing mature trees in Town • Great Location (center of city) Square • Ocean Avenue as a Main Street • Market Potential • Single family area on southeast • Police Station in neighborhood section TOP WEAKNESSES OF THE STUDY AREA (Order listed does not reflect priority of concern) • Railroad Corridor • Suburban zoning code for an urban • M-1 uses on area area • Poor pedestrian connection • Underutilization of commercial • Poor parking parcels fronting Boynton Bach • Lack of clustering of development Blvd. parcels • Lack of color (everything • Lack of Gates at Railroad crossings monotonous) • City's reputation for not doing • Lack of visually stimulating anything buildings • 10place ment of residents 47 3. Staff Analysis following Workshops A review of the individual group plans indicates that there where seven similar concepts or themes that each group included in their plans. These general common themes are discussed below. Zoning: The growing interest in mixed-use prompted most teams to suggest mixed use as a component of their design proposals. Also, each group recommended that some building heights be increased. While a variety of permitted and prohibited uses were discussed, most teams suggested varying combinations of residential, retail and service commercial, office and civic/govemmental uses. Allowable uses, mixture of uses, density and height limits, as well as other site -related controls are best regulated through amendments to the Future Land Use Map and official Zoning Map. Architecture: Each team advocated the creation of a sense of place within the study area, through the establishment of building scale, color and architectural style. Two teams specifically suggested that the style for new developments should be similar in character to what is existing; the "old Floridian" style. The teams also discussed the importance of preserving the existing scale within the study area, and therefore 5 stories were suggested as the maximum height. 48 Railroad Tracks: Nearly, all groups recommended the addition of considerable buffering of the railroad tracks. They recognized both the sound mitigating benefits as well as the aesthetic enhancement of such buffering. All of the public visioning teams felt that the existing crossing gates are neither safe nor pedestrian -friendly. Another recommendation made by the groups was to use a train station theme to revive the historical character of the area. Parking and Vehicular/Pedestrian Interconnectivity: Several groups agreed that the surface parking lot on the northwest corner of Ocean Avenue and I" Street was not ideally located and should be replaced with a higher and better use. One group suggested that the parking garage proposed on the Town Square Conceptual Plan should be moved to a vacant lot near the Railroad Tracks. Another group recommended that the proposed parking garage and existing surface parking lot should be connected to the City Hall Complex via an above -ground, roofed pedestrian structure. The same team proposed a trolley system to connect the study area with the downtown marina area. Many groups agreed that there should be more paver -enhanced intersections like the ones on Ocean Avenue, Boynton Beach Boulevard and Seacrest Boulevard. Most teams recommended that the city should redesign the streets in the study area to be more pedestrian -friendly with wider sidewalks, landscape "bump -outs" and visible crosswalks. 49 One team suggested the use of the alleys for vehicular circulation, for interconnectivihT and to reduce vehicle trips on collector and local streets. Boynton Beach Boulevard Most groups viewed the current speed of vehicles on this roadway as detrimental to the function of the study area. Not only did the groups see the high speed as a public safety concern, but also as a deterrent to pedestrian movement in the area. Recommendations included the installation of pedestrian cross -walks using brick pavers, landscaped roadway medians, street furniture, wider sidewalks and on -street parking to calm traffic speed. Most groups agreed on proposing mixed-use development fronting Boynton Beach Boulevard. The buildings were envisioned with commercial or office uses on first and residential on the upper floors. All groups recommended the addition of landscaping along the corridor. Town Sguare One-half of the in-house groups agreed that the proposed plan for Town Square was impressive and interesting and only suggested minor changes. However, some of the public visioning teams criticized the conceptual plan mainly due to the elimination of some homes and the old high school. One controversial element involved the proposed demolition of the old high school building. Although most of the in-house city staff favored demolition of the Old 50 High School, one-half of the public teams felt that the high school should be preserved and rehabilitated into a civic/theater space, and the area proposed on the plan as the new civic/auditorium space be turned into a park with an interactive fountain and a sculpture garden, "Center of Green Space". Some groups also recommended that lush landscaping be planted with colorful flowers, instead of the colorless existing landscape. Overall, most teams agreed that Town Square should become a civic and cultural center for the city. Ocean Avenue: The teams proposed that Ocean Avenue become the district's main street. Ocean Avenue underwent a streetscape modification process that residents and owners were very pleased with. One team suggested that Bed & Breakfasts front the street along with a "light" mix -use development. Staff interprets this as smaller -scale buildings with maximum heights of two or three stories. Another recommendation by the teams is to make the intersection of Seacrest Boulevard and Ocean Avenue more of a focal point, perhaps with a roundabout, creating a formal entry to Ocean Avenue and the downtown area. The other suggestion was to design a bike path on Ocean Avenue that would take advantage of the connection of the bridge to the beach. Residential: Most of the teams agreed that the southeastern section of the study area should remain with single-family housing. Three teams proposed town -homes for the area 51 between Is' Street and 3`a Street. Most teams agreed on integrating mixed-use (commercial/office and residential) development on Boynton Beach Boulevard and Ocean Avenue. Again, participants agreed that new buildings should not exceed five (5) stories in height. 52 SECTION IV ISSUES AND OPP URTUNITIES 53 1. Issues and Opportunities: Redevelopment Strategies Current development patterns and land uses within the entire Ocean District Community Redevelopment Plan present challenges and opportunities for development and redevelopment. Both the original CRA plan, adopted in 1984 and the Boynton Beach 20/20 Redevelopment Plan, which was finalized in 1998 identified the Ocean District as one of the primary areas of activity, although each of those plans recommended somewhat differing approaches to development or redevelopment. Existing and planned development in the Ocean District continue to emphasize the importance of this area. This area should contain a mix of uses with heavy intensity in order to support a successful downtown. The commercial uses along Boynton Beach Boulevard and Ocean Avenue can serve this area, as well as the surrounding neighborhoods. To undertake this approach to development and redevelopment within the Ocean District Community Redevelopment Area, the issues and opportunities identified through the analysis of existing conditions are evaluated to formulate general redevelopment strategies. Both the original CRA Plan and the 20/20 Redevelopment Plan provide elements that merit consideration and implementation in one, unified approach. Both plans called for Town Square to be redesigned to become a center where people can gather for "community -serving" purposes and public events. Ocean Avenue was envisioned to become the "Main Street" in the downtown area, and the main connector between Town Square and the Marina area. Boynton Beach Boulevard was to become an urban center 54 and pedestrian -friendly street. Similarly, both plans recognized the need for development in the downtown. The downtown area provides a unique opportunity for pedestrian -oriented, mixed use. It could include residential uses as well as office, retail and restaurants. Overall, these will establish the downtown as a destination area, and to ensure its success and long-term viability. The following strategies will assist in achieving the goals of this redevelopment plan: ❑ Encourage mixed-use development. Continue to promote and encourage mixed use. Projects located along Boynton Beach Boulevard, Ocean Avenue and along the west side of the F.E.C. right-of-way. These mixed use projects will provide pedestrian activity in the downtown area and contribute toward a vibrant atmosphere. ❑ Create a destination atmosphere. Permitted uses should be only those that are destination types of uses, and not those that typically rely upon the capture of drive- by traffic. Destination types of uses include, for example, personal services, specialty retail, offices, full service restaurants and residential uses. ❑ Define pedestrian spaces. Require reduced building setbacks to better define pedestrian spaces. Specifically, parking lots located between the use and the public rights of way should be prohibited. ❑ Create a safe pedestrian environment. Require development that fronts along Boynton Beach Boulevard and Ocean Avenue to be designed in a manner that encourages a safe pedestrian environment and emphasizes the frontage of these buildings as important nodes of activity. ❑ Establish an aesthetically pleasing identity. Create an aesthetic identity for the Ocean District through the development, use and rhythmic placement of public street furnishings, lighting, and other types of enrichments, as well as creation and implementation of development design criteria that address architecture, colors and signage in addition to general development standards. The established identity should compliment that of the Federal Highway Corridor. 55 ❑ Protect community character. Establish standards to protect the character of the residential community at the south of the study area. This area could be affected by the new mixed use development. ❑ Require compatibility between uses. Create development standards that provide for adequate setbacks and buffering between residential and non-residential uses to protect the residential neighborhoods. ❑ Enhance the visual appearance of the community Ensure that uses or land development regulations provide adequate safeguards to protect the visual appearance of the community. ❑ Emphasize major activity nodes. Nodes of activity or transitions to other areas, such as the major signalized intersections, should be emphasized through mechanisms such as building placement, orientation and architectural features. ❑ Improve visual appearance with coordinated signage. Signs throughout the entire downtown area lack aesthetic appeal and continuity of style. Regulations can address these issues. 56 SECTION V ALTERNATIVE PLANS 57 Description of the Two Final Alternative Plans The purpose of this planning effort is to establish a vision for the study area, translated into detailed physical components. All private and public development, whatever the size, will contribute to the creation of a livable downtown for Boynton Beach The two alternative plans were finalized after staff, residents and property owners of the area made their choices using the initial three alternatives derived from the first in-house workshop and the first public workshop, in the process described in Section III of this report. The following narrative is the description of these two final plans. Alternative 4 • 00220 - '- ea, 4 , _. _ MunMM4 Figure 5.1. Alternative 4 Conceptual Master Plan 58 Alternative 5 Figure 5.2. Alternative 5 Conceptual Master Plan 1. Boynton Beach Boulevard Corridor Boynton Beach Boulevard Corridor 7 BOYNTON BEACH I OCEAN AVENUE BLVD. a ,,,,r,,,— ocean uistnct M --,,.,, CommunitySEEM Redevelopment Plan nn--� Alteative 4 0 5.3. Boynton Beach Boulevard Corridor 59 1. Boynton Beach Boulevard The design recommendations for Boynton Beach Boulevard are the same for both alternatives. '+1 e � 4 n s s:'71h; tt� Mr R. `d c:r��aa :: y��• Figure 5.3A. Proposed Boynton Beach Boulevard Corridor A. Creation of a Pedestrian -Friendly Boynton Beach Boulevard At the request of the public, Boynton Beach Boulevard should be redesigned with double -sided street parking along certain sections. This will not affect the vehicular movement but will calm traffic and accommodate pedestrian activity. A wide median, lined with Tall Royal Palm trees, is proposed, thus creating a focal point. The sidewalks should also become wider and nicely paved thus encouraging people to walk easily and safely. Furthermore, the sidewalks can be easily enhanced by arcades or loggias designed into the bottom floor of the buildings. All these changes will be conducive to a more pedestrian -oriented environment and will support existing and proposed commercial business. B. A Pedestrian Sky -Bridge Another interesting element proposed for Boynton Beach Boulevard is a pedestrian sky -bridge. This sky -bridge would connect the existing city hall building to a proposed city annex building or the mixed-use plaza on the north side of Boynton Beach Boulevard. The bridge would be articulated with details and it will be open throughout. C. Buildings Fronting Boynton Beach Boulevard The existing conditions on the boulevard are that of one-story structures, fronting very narrow sidewalks with parking located in front of the buildings. Many buildings are in need of updating and renovation. This combination creates ambivalent zones along the boulevard, which are not pedestrian- friendly nor supportive of retail activity. The plan encourages new buildings, fronting Boynton Beach Boulevard, to become interesting and aesthetically pleasing to all. The proposed maximum height is 75 feet. Buildings should have different massing and scale. These proposed buildings will have arcades over the sidewalks, balconies overlooking the street; some may be "stepped back" (the" stepped back" condition is that buildings have their upper floors stepped back from the street in order to 60 enhance the visual effect and to help mitigate the impact of the taller buildings_from the street level). The arcades can be used for outside vending or dinning, and to help break the rhythm of a continuous storefront. Vertical elements such as towers on comer buildings are highly encouraged. The proposed use for these buildings is mixed-use. The buildings can be five to seven stories high, with office and/or retail combined on the ground, second and third floor, and with residential on the upper floors. The uses should be combined in order to create enough density to encourage a variety of local services and a more balanced mix of retail in the downtown area. Higher density of buildings fronting Boynton Beach Boulevard is also encouraged, since, higher density is directly associated with the health and success of the downtown. D. Creating Public Plazas Plazas created by wide sidewalks and buildings placement is highly recommended. The plazas can differ to include both smaller more intimate ones, and more spacious spaces enhanced with landmarks or focal points. The plan proposes different public gathering places (plazas) throughout out the boulevard. The objective of the redesigned Boynton Beach Boulevard is to facilitate the creation of a downtown where all citizens benefit. 61 2. Town Square Plan BOYNTON BEACH I OCEAN AVENUE Town Square Plan Ocean District WON�°� Community Redevelopment Plan o -� Alternative 4 �� 5 Figure 5.4. Town Square Conceptual Master Plan The Town Square consists of four blocks in the downtown area of the city. It lies between Boynton Beach Boulevard on the north, SE 2nd Avenue on the south, Seacrest Boulevard on the west and SE Ist Street on the east. The original purpose of the plan was to create a Public Campus where "public and /or private functions can assemble in one place". 62 Both City Hall on the north and the library on the south are anchors to the existing town square. Currently, The Children's Schoolhouse Museum serves as the most significant focal point in the Town Square Plan. 63 3. City Hall Block I BoraoH BEA( City Hall Block 70* AV6MIE BEACH BLVD. f, �_ ��• r I ser, �� i11 _, _ .. ,-., � rF I w! Ocean District X r Community Redevelopment Plan -� .. e_.�.,�.... Alternative 4 5 Figure 5.5. City Hall Block 64 3. City Hall Block, Alternatives 4 and 5 The two alternatives are designed differently in the section of Town Square. The Alternative 4 includes the original design for Town Square without the existing high school building, while the design of Alternative 5 accounts for it. Figure 5.5A .ALTERNATIVE 4: Proposed City Hall Block with trellis -type structure adjacent to the west wing. Figure 5.5B ALTERNATIVE 5: Proposed City Hall Block, no trellis -type structure. 65 Alternative 4 (with Trellis -type Structure, Figure 5.2): A. Additional Elements Added to Enhance the Existing City Hatt Block The existing City Hall main entrance is to be enhanced by a larger atrium. This atrium would further create an interesting ambience inside the building. Outside the atrium structure would provide a terminating focal point and further enhance the overall appearance of City Hall building. The atrium -type building will have a straight connection to a paved driveway in the parking lot. The driveway around the city hall entrance will be improved with surface improvements, Royal Palm trees and a water fountain in a circular island. The second suggested element is the pedestrian sky bridge from City Hall over Boynton Beach Boulevard. The sky bridge would connect City Hall to the proposed City Hall Annex/Commercial building across the boulevard. The third proposed element is the closure of First Avenue at Seacrest Boulevard. The principal reason for the closure is pedestrian and traffic issues. The closure would also promote pedestrian -friendliness of Town Square. The fourth and last element proposed is a trellis -type structure erected just adjacent to the West Wing portion of City Hall. The trellis would replace the street opening of First Avenue on to Seacrest Boulevard. The trellis will help enhance the aesthetics of the block, will improve the connection between City Hall and the Children's School House Museum block, and create an outdoor space for employees and visitors. Alternative 5 (with no Trellis -type Structure, Figure 5.3): This block is proposed to be the same as in Alternative 4, except without the trellis -type structure. Instead, the entrance to the proposed parking structure that would be located immediately to the south replaces it. The existing parking around City Hall is paved through the center and Royal Palms are integrated on the rectangular -shaped island. .: 4. The Children's Schoolhouse Museum Block The Children's Museum Block � J L_ -.—P ocean ownct Community°�;,� Redevelopment Plan '... Alternative 4 �� 5 Figure 5.6. Children's Museum Block M 4. The Children's Schoolhouse Museum Block, Alternatives 4 and 5 The two alternatives are designed differently in the section of Town Square. Alternative 4 includes the original design for Town Square without the existing high school building, while the design of Alternative S accounts for it. Figure 5.6A. ALTERNATIVE 4: Proposed block with high school replaced with promenade. Figure 5.6A. ALTERNATIVE 5: Proposed Schoolhouse Museum block with High School building rehabilitate/preserved. 68 Alternative 4 (High School Building demolished, Figure 5.1): A. The Principal Public Space: Public Lawn/Promenade The demolition of the old high school will strengthen the creation of a "Public Lawn /Promenade", the fundamental concept of public space which will generate a sense of community and social unity and interaction. The promenade will serve as a main "walkway" through Town Square linking City Hall with the Library/ Civic Center. This will be the principal public space. It will be surrounded by a mixture of public and private buildings that will guarantee a level of activity appropriate to the center of the city. The promenade will be lined on both sides with tall Royal Palm Trees. It will be a very symbolic space. The promenade would be an ideal setting to host communal activities, festivals, celebrations, markets and specialized functions. B. The City Square On the west side of the block, a green space fronting Seacrest Boulevard is proposed. This green area is called "City Square". A city square is essential to a city and should be scaled to match its environment. The proposed City Square is to contain a reflecting pool and generous amounts of shade when trees mature. The "City Square" should be designed to become very open, allowing the community and visitors to see one of Boynton's most prestigious existing landmarks, The Schoolhouse Children's Museum. Both the "Public Promenade" and the "City Square" would further enhance the existing Schoolhouse Children's Museum, the playground and the Amphitheater. C. Accommodating Parldng Needs of Town Square: a Parldng Structure A parking structure is being proposed in the east side of this block. The parking structure would be four stories high and aesthetically pleasing with articulated facades composed of balconies with hanging plants. Alternative 5 (High School Building rehabilitated, Figure 5.2): A. Alternative Location of a Parldng Structure On the west side of the block, fronting Seacrest Boulevard a parking structure is being proposed to meet the parking demand generated by the use of the rehabilitated Old High School building. The parking structure would have an entrance from the southbound lane of Seacrest Boulevard, and another entrance through the City Hall. First Avenue is closed on this alternative as well. This parking structure should be 4 stories high. It would also have articulated facades with balconies and hanging planters designed to screen the old high school. A clear view to the Schoolhouse Children's Museum would preclude by the preservation of the high school. B. New Buildings for City Functions In the east side of this block, a set of two square buildings is proposed. These two buildings would be three to four stories high and should house city functions, such as meeting rooms and extra children activity rooms. On the bottom floor, a museum store with delicatessen could be allowed. Between the buildings would remain sufficient space for an appropriately public plaza to be incorporated. 70 5. The Cultural Block The Cultural Block BOVNTON y � r OCEAN AVENUE 1 !EACH BLVD. I Acaan �q Community°, -^-�--°°� Redevelopment Plan49 ---E-- Alternative 4 = Figure 5.7. The Cultural Block 71 5. The Cultural Block The design recommendations for The Cultural Block are the same for both alternatives. Figure 5.7A: Proposed Cultural Block, both alternatives A. The Creation of a Public Space This block includes the continuation of the "City Square", the "Pedestrian Promenade", the New Civic Center/Auditorium, and the City Library and proposed expansion. On the west side of the block, the concept of "City Square" is continued but designed differently. In this section of the square there would be the typical town gazebo and green space used for either entertainment during special events or for open public meetings. No trees are proposed leaving the area open for use and visual vistas. The "Pedestrian Promenade" also continues on this block, this time serving as an interior pedestrian street. It connects City Hall with the library and the proposed Civic Center/ Auditorium. B. The New Civic Center/Auditorium The new Civic Center/ Auditorium would include, besides an auditorium, meetings rooms, flex space, an atrium, an outdoor terrace, and service area at the rear, providing a location for cultural and educational facilities. The building could be a joint public/private venture, and it has the potential for becoming one of Boynton's landmarks. The tower feature proposed on the southwest corner of the building should be tall and articulated at the top with an arcaded loggia that could be used as a "mirador" (a look -out tower). This tall tower could easily become an icon for the city given its uniqueness and height. The 72 building should feature a portico in the main entrance, thus making people feel welcome and setting a formal tone. C. The Roundabout A roundabout is being proposed to invite people from 2nd Avenue and I" Street. The roundabout will include an area for Roval Palms in its center, placed in this location, it will become a terminating vista seen from the proposed atrium of City Hall. D. The Library Addition The library and the library addition are located at the bottom of the west section of Town Square. The addition is currently being designed as a two-story building in front (north) of the existing library. The existing location for the drive-thru and parking will not be altered by the proposed plan except that it will be upgraded with more trees. The existing Civic Center will remain. E. The Interactive Water Fountain The shuffleboard courts by the Madsen Center will be relocated. They will be replaced by an interactive water fountain. The public has unanimously embraced this idea. The interactive water fountain will be integrated in a park -like setting with trees on both sides. F. Town Homes/Parldng Structure At the bottom of the far east section of Town Square, a parking structure with attached town homes is being proposed. The parking structure will be four or five stories in height and will also serve Town Square and the downtown area. The parking garage will be designed to be aesthetically pleasing with articulated facades composed of balconies with hanging plants. On the facade facing 2nd Avenue eight town homes are being proposed. The town homes will serve as a transitional element between the Town Square area and the single-family residential neighborhood across the street. The town homes will be designed with the garage entrance at the back, inside the parking structure. The town home facades will be very aesthetically pleasing with stoops, front yards and around three stories in height. 73 a 6. Seacrest Boulevard The design recommendations for Seacrest Boulevard are the same for both alternatives 1. Entryway Element A proposed entryway arch feature, an architectural landmark, would be placed o at the entrance to Town Square and the Ocean District area, from the intersection of Seacrest Boulevard and Ocean Avenue. •ora , " 2. Street For Seacrest Boulevard, a wide median lined by tall shaded trees is proposed, thus creating an appealing view. Again, the median will contribute to traffic and will invite ' pedestrians to cross the street. As it is currently designed, the intersection is not pedestrian -friendly. Figure 5.8A. Proposed Seacrest Boulevard. 3. A Roundabout Another roundabout is recommended at the intersection of Seacrest Boulevard and Ocean Avenue. The public felt that a roundabout in that particular location will serve as a transitional element along Seacrest Boulevard to properly accentuate the entrance to Ocean Avenue and the downtown. The roundabout will consist of single lane in all directions and it will not affect the vehicular flow. Roundabouts are relatively the safest intersections for vehicles and pedestrians. The redesigned Seacrest Boulevard will become a narrower, more attractive street. 75 7. Ocean Avenue Promenade Ocean Avenue Promenade --la-AVOW �'��3"7-'i�� � ,Fi R#���r7�L"T�"S� n5 ��-��TTa��ftt►���������-�yygr}}py�,�e,, ucean uisuici aA N Community �-�-� Redevelopment Plan -� '.. Alternative 4 Figure 5.9. Ocean Avenue Promenade 76 7. Ocean Avenue Promenade The design recommendations for Ocean Avenue are the same for both alternatives. A. Street Ocean Avenue Promenade was redesigned about two years ago, in a community -led effort. The community vision was to create a less formal street than Boynton Beach Boulevard but vet interesting enough to become the downtown "Main Street". The scale of Ocean Avenue is smaller and more intimate than that of the major corridors. The proposed design enhancements of this redevelopment plan are for Ocean Avenue to become a "Main Street", with wide paved sidewalks making it pedestrian -friendly. The existing sidewalks can be improved in certain sections of the Avenue by making them wider, thus creating a sense of public space. Adjacent tenants could use the sidewalks as a place of outdoor gathering. Dependent on building placement and footprint, some sidewalks could extend into small intimate squares while others might merge into larger public plazas. These public plazas could be enhanced with public art or water features in the center. B. Buildings Fronting Ocean Avenue The existing buildings on Ocean Avenue are mostly multi -family, with the exception of two single-family homes. The plan proposes that any new buildings fronting Ocean Avenue maintain the same scale and be more aesthetically pleasing. The plan recommends diversity in building layout, to include linear buildings, u -shaped buildings to create outside gathering places, and some designed with more mass and have tower -like structures attached in order to create interesting focal points on the comers of the blocks. Maximum heights should not exceed of 45 feet. By the addition of arcades, the buildings will be brought closer to the sidewalk, creating a special, shaded walkway for pedestrians. Parking should be moved to the back, accessible from the alleys. 77 The plan proposes that all these buildings be mixed-use. The public suggestion was for the retail establishments on the first floor to be locally owned or operated. Some residents insisted that a neighborhood grocery store would greatly benefit the area The office and residential uses can occupy higher floors. The intention of the plan for the Ocean Avenue Promenade is to create a "main street" where local residents and visitors to the downtown could gather harmoniously and comfortably. 78 8. FEC Railroad Tracks FEC Railroad Tracks ]"AVENUE ' n 4 BOYNTON •.=•����!Yi'•�'. �'_' •_l 111 .aq I OCEAN AVENUE �eEACNeLw. Ocean visinct M ,,,,,i.. Community MOB- -° ---�°w Redevelopment Plan -� :��.. Altemative 4 Figure 5.10. FEC Railroad Tracks 79 8. FEC Railroad Tracks The design recommendations for FEC Railroad Tracks are the same for both alternatives. A. Guard Gates One of the most emphasized complaints from the public made about the study area concerned the safety at railroad crossings at Boynton Beach Boulevard and Ocean Avenue. This plan proposes that quad gates be installed at this intersection. Pedestrian guard gates should also be to be included. B. Noise Barrier The second complaint the public made about the Railroad Tracks was the noise pollution at night. As the train crosses the intersections, the whistle on the locomotive is blown. In addition to quad gates the solution to the noise pollution proposed by the plan is to create a heavy landscape barrier on the west side of the tracks. This barrier should be wide and include a large number of shade trees. 80 Figure 5.10A. Proposed FEC 9. —10. Single Family Residential and Multi -Family Residential ■I= Single Family Residential and Multi -Family Residential _ _._..•_�f{a.� .r.�a� .,� —_.. s.. :I!:•tiir, _ ,nL-•eni�.��=1LN{ ocean uisirmt ..��.. Community -�-�--� Redevelopment Plan o - ;;`.. Alternative 4 0 5 Figure 5.11. Single Family and Multi -Family Residential 81 9. Single Family Residential Area This area shall be preserved essentially as it is, subject to owner enhancements. Figure5.11A. Existing single-ramily area, no changes proposed. 10. Multi -Family Residential Area This area shall be preserved essentially as it is, subject to owner enhancements. Figure 5.11B. Existing multi family area, no changes proposed. 82 OCEAN AVENUE Ocean District Community Redevelopment Plan Alternative 4 •+srs��r s�.w �w+v a Ocean District .-,�.... ® Community - Redevelopment Plan -'-� --� Alternative 4 8 OCEAN AYEMIE Ocean District Community Redevelopment Plan Alternative 5 f j r acEAw AVEIM" — occw we«uE P ova r Aw Community �, •'� -� .��- RedsyNopmaM Plan Alternative5 a < ' IL § �§ � . a � - ! � 4 � I � � m &\ f � a I 4 ® \ § ! e s i c m a Q c n o c m m Cc i r r i m� Fa U c6 n� 5 > ro � 3 y m C � O on 0] L _SY C o b � ul 4 u N a d o to SECTION RECOMMENDATIONS AND PROJECTS a 1. Specific Recommendations to Implement Redevelopment The programs and projects listed below will implement the redevelopment strategies discussed in the previous section. These programs and projects should be implemented to eliminate or decrease the blighting influences found in the Ocean District Community Redevelopment Area, as well as enhance the area's long term viability. Recommendation 1: Amend " Section III. Land Use Problem and Opportunities" of the Comprehensive Plan Future Land Use Support Documents. Purpose: To remove all recommendations inconsistent with the Ocean District Community Redevelopment Plan. Recommendation 2: Amend the Zoning Code to include specific regulations for the study area in the Mixed Use -Low intensity Zoning District. Only minor adjustments to the Zoning Code may be necessary to implement the land use and zoning recommendations of the Ocean District Community Redevelopment Plan. The existing Mixed Use (MX) land use designation, in the adopted Boynton Beach Comprehensive Plan, originally adopted in 1989 is adequate to accommodate the mixed use development envisioned for the Boynton Beach Boulevard corridor, Ocean Avenue, and along the northeast border of the study area. The adopted Mixed Use -Low Intensity (MU -L) zoning district regulations, which permit the mix of uses envisioned in these areas, will need to be modified slightly for the specific area of the Ocean District to ensure compatibility with the scale, massing and 91 setbacks from surrounding existing development. The development of the existing zoning regulations foresaw such an event and includes the language "Height restrictions and densities may be further limited in certain geographic areas to further applicable redevelopment plans." Development and adoption of the amendments could be accomplished within a three-month time frame. Purpose: This will allow the development of the desired land uses in the district area Recommendation 3: Develop signage standards that address in detail issues such as sign height; width; style; lettering; color; placement; landscaping; and, content. Define signage, including a definition concerning advertising on commercial vehicles and prohibition of parking such vehicles in a manner that constitutes signage proximate to the right-of-way. Require new signs or substantial repairs to existing signs to comply with the regulations. Purpose: Detailed sign regulations will greatly enhance the appearance of the district. Recommendation 4: Develop a design program for structures, signage and street furniture, that includes the implementation of a color palate and architectural themes in the context of the district. Purpose: The program will create a sense of identity and visual appeal for the redevelopment area. 92 2. Specific Projects to Implement Redevelopment Project 1 — Public Parldng: Town Square area adjacent to Seacrest Boulevard, the existing surface parking area west of 1$` Street, and the area where the existing shuffle board courts are located could be developed with parking structures to serve the district area.. The garage recommended to place the shuffleboard courts could be combined with town homes facing SE 2"d Avenue, to become a transitional element to the residential area on the south. Project 2 — Civic/Auditorium Centre: The building would be located adjacent to Ocean Avenue in the cultural block of Town Square. The building could be developed as a joint public/private venture. The square footage of the building should be around 95,000 Square feet. The new Civic Centre/ Auditorium would include, an auditorium for 700 people, meetings rooms, flex space, atrium, and an outdoor terrace. The building would provide a location for cultural and educational facilities. The building has the potential of becoming one of Boynton's landmarks 93 Legend (smoi Tb U E fvlZ LP �.ficfoanby wnpoua fllLn MOW* 006,=W [Mnrtuse0e ^�k Oemu "MY ft`rr°' OcmnDistriet Community Redevelop mentPhn .lata Lift Bayrdm Boack, naoaia r Dde Mo/2,2K3 94 SECTION M NEIGHBORHOOD IMPACTS OF REDEVELOPMENT ACTI VITIES 95 1. Neighborhood Impacts of Redevelopment Activities The redevelopment area contains a number of residential units. The following section describes the potential impacts of redevelopment efforts on residential neighborhoods within the redevelopment area. While the potential impacts of the recommended programs and projects have been identified, it is possible that impacts resulting from implementation of redevelopment actions may be undetermined. As a result, the potential neighborhood impacts of site specific projects will be evaluated as each is presented for consideration by the Community Redevelopment Agency. Trafc Circulation No independent traffic engineering analysis of the traffic impacts on the various roadways was done as part of this plan. A preliminary evaluation by the City Engineering Office indicates that existing local streets can easily accommodate the changed traffic conditions, and that Boynton Beach Boulevard can be constrained with only minimal impacts on traffic capacity. However, as the plan develops further, it may be necessary for the City of Boynton Beach to contract with an independent traffic engineering firm to evaluate traffic conditions based upon very defined traffic data and development scenarios. This future evaluation would serve as a basis for refined plan preparations as well as garnering support and approval from the Florida Department of Transportation who has jurisdiction on Boynton Beach Boulevard. Community Facilities and Services Redevelopment activity within the Ocean District redevelopment area is expected to have a positive impact on community facilities and services. The plan proposes to add a City 96 annex building on Boynton Beach Boulevard a Library -addition, and a new Civic/Auditorium Centre, which will house additional recreational and cultural programs. Effect on School Population There are no existing public schools within the redevelopment area There are however, a number of schools located proximate to the redevelopment area that serves residents within the area. The following table shows the design capacity of permanent structures for these schools and the projected 2008 — 2009 student enrollment. Table 7.1. -- School Capacity and Enrollment, 2008-2009 School Capacity Enrollment F.I.S.H. * Forest Park Elementary 749 596 Crosspointe Elementary 996 791 Galaxy Elementary 633 591 Poinciana Elementary 922 680 Congress Middle 1,344 1,446 Boynton Beach High 2,476 2,845 Note: Poinciana Elementary is a magnet school *F.I.S.H. (Florida Inventory of School Houses) Source: Palm Beach County School District Planning & Real Estate Division As these data indicate, school capacity varies for each standard public school that serves the redevelopment are& Student projections show that capacity is available for all elementary schools serving the district. Conversely, both the middle school and high school will be overcrowded. One of the recommended components of this redevelopment plan includes the provision of additional housing units to strengthen the viability of the redevelopment in the downtown area. The additional housing units anticipated, however, will 97 likely be apartment units. Because of the unit style and location, it is likely that the resident population of these units will be predominantly single or two person households. As a result, the impact on the school population should be minimal. The effects of specific redevelopment projects with a residential component that creates a net increase in housing should be considered on an individual basis as they are proposed. Land Acquisition Both alternatives recognize that it may be necessary to pursue the acquisition of some properties in order to provide for the development of a new Auditorium/Civic Centre and a new City Hall Annex. Environmental Quality The redevelopment programs and projects suggested by these plans are intended to improve the overall environmental quality. The architectural guidelines, improved signage and zoning changes will have a positive impact on surrounding residential areas. 98 SETIOM 1. Sources of Redevelopment Funding and Financing Both proposed alternatives include improvements that will require public funding, though some form of public/private partnership could be envisaged for the new Civic Center and the parking structure attached to the proposed town homes in the southwest quadrant of the Ocean District. The construction cost of the Civic Center is estimated to be about $14 million (based on the actual per square foot contract price for the city of Palm Beach Convention center); the cost of the parking structures will run approximately between $10,000 and $15,000 per parking space (depending on the parking structure's size and the resulting economies of scale). This section provides a general review of potential sources of funding for redevelopment programs, and a description of the funding sources applicable to each of the improvements or projects identified in the plan. Aside from the sources described below, grants from various sources may be available. In general, a variety of financing options are presently available to the Community Redevelopment Agency, which include the following: Tax Increment Revenues Tax increment is typically the major source of funding for redevelopment projects under the State of Florida Community Redevelopment Act. This increment, which is determined annually, is equal to 95 percent of the difference between the amount of ad valorem taxes levied each year by each applicable taxing authority on all taxable lands and buildings; property within the redevelopment area; and, the amount of ad valorem taxes that 100 would have been produced by the current millage rates prior to establishment of the Redevelopment Trust Fund. Both of these amounts are exclusive of debt service millage of the taxing authorities. The ability of the Community Redevelopment Agency to utilize this funding method requires two key actions. The first is the establishment of a redevelopment trust fund as required by F.S. 163.387 as the repository for increment tax funds. The second is the provision, by adopted ordinance of the City, for the funding of the redevelopment trust fund for the duration of the redevelopment plan. Redevelopment Revenue Bonds The provisions of F.S. 163.385 allow the City of Boynton Beach or the Boynton Beach CRA to issue revenue bonds to finance redevelopment actions, with the security for such bonds being based on the "anticipated assessed valuation of the completed community redevelopment." In this way, additional annual incremental increases in taxes generated within the CRA is used to finance the long term bond debt. Prior to the issuance of long term revenue bonds, the City or the CRA may issue bond anticipation notes to provide initial funding for redevelopment actions until sufficient tax increment funds are available to amortize a bond issue. General Revenue Bonds For the purposes of financing redevelopment action, the City of Boynton Beach may also issue general obligation bonds. These bonds are secured by debt service millage on the real property within the City and must receive voter approval. 101 Community Development Block Grants (CDBG) The City of Boynton Beach is a recipient of CDBG funding from the U.S. Department of Housing and Urban Development. These CDBG monies may be able to applicable to a variety of direct benefit programs in portions of the redevelopment area. Additionally, portions of the redevelopment area may be eligible for area -wide improvements, which includes capital improvement projects. Land Sales/Leases Acquisition of property, and in preparation for development, are powers available to the Community Redevelopment Agency under the provisions of Chapter 163, Florida Statutes. The resale or leasing of such land to private developers can provide another source of income within the CRA, as well assist in "jump starting" redevelopment efforts. Direct Borrowing From Lenders The CRA is also authorized to fund redevelopment projects and programs through direct borrowing of finds. Depending on the particular project funding requirements, the CRA may utilize both short and long term borrowing. Although terms and conditions may have a direct bearing on the use of a particular commercial lending institution, the CRA may be able to obtain a very competitive interest rate and terms. 102 5ETION IX :.1 103 1. References City of Boynton Beach. Comprehensive Plan. Originally Adopted m1989. City of Boynton Beach. Future Land Use Support Document: Section VIII "Problems and Opportunities. 1989. City of Boynton Beach. Land Development Regulations "Chapter 2: Zoning." No date. City of Boynton Beach. " Official Future Land Use Map." May 2003. City of Boynton Beach. "Official Zoning Map." February 2003. Duncan Associates, Inc_ Boynton Beach Vision 20/20 Redevelopment Master Plan. September 1998. Florida. Florida Statutes, Sec. 163, Part III. 2000 Supplement. Palm Beach County Property Appraisers Office. February 2001. Schwab,Twitty & Hansen. West Palm Beach. April 2003. 104 SECTION X ACKNOWLEDGEMENTS 105 1. Acknowledgements Citizen Participation Mr. and Mrs. John Bodine Maureen Hilbert Gordon Crawley M. Lewkoincz Larry Finkelstein Kim Longaere Mike Fitzpatrick Jean and Alvin Norgiel Ginny and Bob Foot Harvey Oyer Denise Hilbert Paul VanStelant Ci Sta Jose Alfaro Doug Hutchinson Kurt Bressner Eric Johnson Nancy Byrne Jef Livergood Dan DeCarlo Wally Majors Arleen Dennison Pete Mazella Maxime Ducoste A. Dep. Chief Jim Ness Arlette Duncan Joe Sciortino Virginia Farace Octavia Sherrod Chief Marshall Gage Samantha Sidlower Lusia Galva Dale Sugerman Wilfred Hawkins John Wildner Ocean District Proiect Team Quintus Greene, Director of Development Michael W. Rumpf, Director of Planning & Zoning Margelly Beltran, Project Manager Dick Hudson, Senior Planner Hanna Matras, Planner 106 APPENDIX 107 Ocean District Community Redevelopment Plan Alternative 1 Ocean District Community Redevelopment Plan Alternative 2 Ocean District Community Redevelopment Plan Alternative 3 Ocean District Community Redevelopment Plan Preliminary Results Report I. Introduction• On Thursday, January 31, 2002, the City of Boynton Beach held an In -House Workshop with the participation from select city staff and upper level administration. The In -House Workshop. an intensive three-hour brainstorming session, was divided into several components: • Phase 1 Report Presentation • Presentation of the Town Square Conceptual Master Plan; and • Team Visioning Session. During the Visioning Session, participants were divided into three (3) groups, each facilitated by a representative from the Development Department, with the goal to design a conceptual master plan for the study area. Each group was " to let their imaginations run wild and think of the study area as a giant vacant lot". The workshop was concluded with the presentation of each team concept. On Thursday April 11, 2002, city staff held a two -and -one half hour (2 1/2) Public Visioning Session with local residents and property owners. The program was similar to the In -House Workshop. As an introduction, the attendees were shown slides from other cities as examples of successful redevelopment programs. Participants were then asked to join one of the four design groups each facilitated by a planner. This Preliminary Report presents the suggestions and proposals made by the individual teams for the study area, begining with each team response to the following questions: • What features they liked; • What features they disliked; • What changes would they like to see; and • What would they not like to see changed. This report presents the four (4) conceptual plans and unified vision, and concludes with staff analysis of the similarities and differences in concepts developed by the respective teams. Staff generated a list of the top ten most frequently proposed ideas for the study area, which are synthesized and mixed into three conceptual alternatives. It is the intent of staff that the final conceptual alternatives be presented to the public and the City Commission. Staff will then prepare a final plan from the preferred concept. Ocean District Community Redevelopment Plan II. Study Area May Ocean District Community Redevelopment Plan II. In -House Workshop Group Findings- Participants. Preferences and Sketches Group 1 Dick Hudson, Senior Planner Jose Alfaro, Planner Wilfred Hawkins, Assistant City Manager Octavia Sherrod, Manager of Community Development Pete Mazella, Assistant to Director of Utilities Nancy Byrne, Assistant Director of Development Hanna Matras, Economic Planner What They Liked: 1. Cluster of cultural attractions 2. Cluster of government facilities 3. Proximity to marina project 4. Availability of infrastructure What They Would Like to see: I. Encourage town homes in the area north of S.E. 1g' Ave. 2. Entry way character to Boynton Beach Blvd. 3. Maintain single family area on southeast corner of study area 4. Opportunities for personal services and entertainment 5. Landscape on Seacrest Blvd. 6. Mixed -Use area fronting Ocean Avenue and Boynton Beach Blvd. 7. Height of buildings (3-4) Stories What They Disliked: 1. Zoning & Land Use (Variety) 2. Railroad corridor (plus & minus) 3. Need to relocate M-1 uses What They Would Not Like To See.- 1. ee: 1. More areas zoned R-2 (duplexes) 2. Post Office to stay on South Side of Boynton Beach Blvd. Ocean District Community Redevelopment Plan IN-HOUSE WORKSHOP GROUP SKETCHES Developemnt Department Planning b Zoning Division Group 2 Margelly Beltran, Planner Eric Johnson, Planner Quintus Greene, Director of Development Dale Sugerman, Assistant City Manager Joe Sciortino, Director of Golf Course John Wildner, Director of Parks Jim Ness, Dep. Chief of Fire Department Barbara Meacham, Landscape Architect What They Liked: 1. Block layout of study area 2. Cluster of government facilities 3. Proximity to marina project/ bridge 4. Availability of infrastructure 5. Ocean Avenue as a "Main Street" 6. Existing mature trees in Town Square 7. Quick access to state highway 8. Low property acquisition cost 9. Vacant lots adjacent to Railroad 10. No drainage issue (new system) 11. Varied zoning uses What They Would Like to see: 1.Satellite college campus 2. Mixed -Use on Boynton Beach Blvd. 3. Preserve single family neighborhood 4. Buffering Railroad tracks 5. Create train station near tracks 6. Mixed -Use area (fronting Ocean Avenue) 7. Height of buildings (3-4) Stories 8. Town homes to replace existing condos and duplexes 9. More green areas What They Disliked: 1. Poor pedestrian connections 2. Poor parking 3. Development parcels not clustered together for development 4. No central attraction 5. Suburban zoning code for an urban area 6. Underutilization of the commercial parcels fronting Boynton Beach Blvd. 7. Visually nothing pleasing 8. Lack of color -everything monotonous 9. Residents (long established) 10. Boynton Beach Blvd. not pedestrian friendly What They Would Not Like To See: 1. Maintaining police surface parking 2. Boynton Beach Blvd. to stay the same Ocean District Community Redevelopment Plan IN-HOUSE \/%,'ORKSf-IOP GROUP SKETCHES .L ter.. h- Group 2 City Of Boynton Beach Developemnt Department Planning & Zoning Division X IN-HOUSE `'WORKSHOP GROUP SKETCHES Y Group 2 Sketch 2 City Of Boynton Beach Developemnt Department Planning & Zoning Division Group 3 Maxime Ducoste-A. , Planner Lusia Galav, Principal Planner Jeff Livergood, Director of Public Works Dan De Carlo, Neighborhood Specialist Kurt Bressner, City Manager Marshall Gage, Chief of Police Virginia Farace, Director of Library Wally Majors, Director of Recreation Dept. What They Liked: What They Disliked: 1. Municipal complex being a 1. Condo's at I" Street are a detriment transition between east and west 2. Boynton Beach Blvd. 2. Ocean Avenue as a core 3. Lack of parking What They Would Like to see: What They Would Not Like To See: 1. Include residential area south of 2°d Avenue to be included in project 2. Mix -Use on Boynton Beach Blvd. 3. Alleys to become walkways as a transitional element 4. Buffering Railroad Tracks; to become pedestrian walkway 5. Bicycle path on Ocean Avenue towards beach 6. Boynton Beach Blvd. east of Seacrest to be reduced in width, with on street parking and nice streetscape Ocean District Community Redevelopment Pian IN-HOUSE WORKSHOP GROUP SKETCHES \ t Group 3 City Of Boynton Beach Developemnt Department Planning & Zoning Division II. Public Visioning Session Group Findings- Participants, Preferences and Sketches Group 1 Margelly Beltran, Urban Designer/ Planner Fred Violette, Resident/ Owner Kaithleen Violette, Resident/ Owner Karen Okenica, Resident/ Owner Micheline Many, Resident/ Owner Jack Dimke, Resident/ Owner What They Liked: What They Disliked: 1. Ocean Avenue 1. Railroad Tracks: better gates and 2. Scale of study area night time hom blowing 2. Not incorporating Old High School into Town Square Plan What They Would Like to see: What They Would Not Like To See: 1.Dense landscape buffer along train 1. Not make any changes! tracks 2. Multi -story parking garage (South of Boynton Beach Blvd. and north of Ocean Avenue 3. Maintain single family area on southeast corner of study area 4. Preserve High School and incorporate into city complex connecting City Hall via above street covered walkway. 5. Return original street names; Palm Street (3rd Street) 6. Fountain (interactive?) across from old school. New park with sculpture garden setting. 7. Built townhomes where condos 8.Mixed Used 5 story buildings along Boynton Beach Blvd. 9. Pave wide sidewalks and landscape median on Boynton Beach Blvd. 10. Work on 50's color theme for area (Chevy Aqua, Studebaker Coral, Desoto Purple) Ocean District Community Redevelopment Plan PUBLIC VISIONING SESSION GROUP SKETCHES EM Planning b Zoning Division Group 2 Hanna Matras, Economic Planner Juis Leon Valdez, Resident/ Owner Victoria Johnson, Resident/ Owner Karl. Hobschaidt, Resident/ Owner Claudia Hobschaidt, Resident/ Owner Michael A. Parker, Resident/ Owner What They Liked: What They Disliked: 1. High School building 1. City's reputation for doing Nothing 2. Ocean Avenue streetscape 2. No plans of City to save Old High improvements. school building 3. The many changes in Commission 4. Displacement of residents 5. Code Compliance building image What They Would Like to see: What They Would Not Like To See: 1. Post Office kept were presently is 1.Constructing Paved Intersections 2. Improved alleyways 3. Road right-of-way that was not used- Use it and make it a one-way street, along 3' Street 4. Historic district 5. Relocate Post Office building and have public buildings on NE corner of Boynton Beach Blvd. and Seacrest 6. Bed & Breakfast- maintain general outlook of street while allowing a variety of different businesses 7.Mixed Used 45' buildings along Boynton Beach Blvd. 8. Trolley services 9. Parking garages Ocean District Community Redevelopment Plan PUBLIC VISIONING SESSION GROUP SKETCHES City Of Boynton Beach Developemnt Department Planning & Zoning Division M V f. Group 3 Mike Rumpf, Director of Planning and Zoning Irene Koumiss, Resident/ Owner Libby Langan, Resident/ Owner Denise Hilbert, Resident/ Owner Anne C. Oneill, Resident/ Owner Gordon Crawley, Resident/ Owner What They Liked: What Thgy Disliked: 1. Police Station in area 1. Post Office circulation and 2. Convenience/ Deli use in vicinity appearance What They Would Like to see: What They Would Not Like To See: 1.Clothing stores 2. Major grocery shopping center 3. Maintain "Old" Florida character in the redevelopment effort 4. Keep convenience/deli store in area 5. Add sidewalks 6. Keep police station in neighborhood 7. Continue streetscape improvements on US-1 and I" Street 8.Improvements should match existing scale and charm 9. Move Civic Center Ocean District Community Redevelopment Plan PUBLIC VISIONING SESSION GROUP SKETCHES Group 3 City Of Boynton Beach Developemnt Department Planning & Zoning Division Group 4 Quintus Greene, Director of Development Department Ruth Jones, Resident/ Owner Patel Rajesh, Resident/ Owner Bertha Welch, Resident/ Owner Bu Kenyorr, Resident/ Owner What They Liked: What They Disliked: 1. The Study area the way it is 1. Nothing currently What They Would Like to see: What They Would Not Like To See: 1. Study area to change 1.Retail in Boynton Beach Blvd. 2. Maybe mixed- use on Boynton Beach Blvd. 3.MainWn residential Ocean District Community Redevelopment Plan PUBLIC VISIONING SESSION GROUP SKETCHES Planning & Zoning Division IV. Staff Analysis of Group Findings A review of the seven individual group plans indicates that there where ten similar concepts or themes that each group included in their plans. These general common themes are discussed below. A. Zoning: The growing interest in mixed-use prompted most teams to suggest mixed use as a component of their design proposals. Also, groups recommended that building heights be increased above five stories. While a variety of permitted and prohibited uses were discussed, most teams suggested varying combinations of residential, retail and service commercial, office and civic/governmental uses. Allowable uses, mixture of uses, density and height limits, as well as other site -related controls are best regulated through amendments to the Future Land Use Map and rezonings. B. Architecture: The team promotes the creation of a sense of place within the study area, through the establishment of building scale, color and architectural style. Two teams specifically suggested that the style for new developments should be similar in character to what is existing: the "old Floridian" style. The teams also discussed the importance of preserving the existing scale within the study area, and 5 stories was suggested as the maximum height. C. Railroad Tracks: Nearly, all groups recommended the additions of considerable buffering of the railroad tracks. They recognized both the sound mitigating benefits as well as the aesthetic enhancement of such buffering. All of the public visioning teams felt that the existing crossing gates are not safe nor pedestrian -friendly. Another recommendation made by the groups is to use a train station theme to revive the historical character of the area. D. Parking and Vehicular/ Pedestrian Interconnectivity: Several groups agreed that the surface parking lot on the northwest comer of Ocean Avenue and I" Street was not ideally located and should be replaced with a higher and better use. They also suggested that the parking garage proposed on the Town Square Conceptual Plan should be moved to a vacant lot near the Railroad Tracks. One group recommended that the proposed parking garage and existing surface parking lot should be connected to the City Hall Complex via an above -ground, roofed pedestrian structure. Ocean District Community Redevelopment Plan The same team proposed a trolley system to connect the study area with the downtown. Many groups agreed that there should be more paver -enhanced intersections like the ones on Ocean Avenue, Bovnton Beach Boulevard and Seacrest Boulevard. Most teams recommended that the city should redesign the streets in the study area to be more pedestrian -friendly with wider sidewalks. landscape "bump -outs" and visible crosswalks. One team suggested the use of the alleys for vehicular circulation, for interconnectivity and to reduce vehicle trips on collector and local streets. E. Boynton Beach Boulevard Most groups viewed the current speed of vehicles on this roadway as detrimental to the function of the study area. Not only did the groups see the high speed as a public safety concern, but also as a deterrent to pedestrian movement in the area. Recommendations included the installation of pedestrian cross -walks using brick pavers, landscaped roadway medians, street furniture, wider sidewalks and on -street parking to calm traffic speed. Many groups agreed on proposing mixed-use development fronting Boynton Beach Boulevard. The buildings were envisioned with commercial or office uses on first and residential on the upper floors. All groups recommended the addition of landscaping along the corridor. F. Town Square One-half of the in-house groups agreed that the proposed plan for Town Square was impressive and interesting and only suggested minor changes. However, the Public Visioning teams, criticized the conceptual plan mainly due to the elimination of some homes and the old high school. A controversial element in the plan is the demolition of the old high school building. Most of the public teams felt that the high school should be preserved and rehabilitated into a civic/theater space, and the area proposed on the plan as the new civic/ auditorium space be turned into a park with an interactive fountain and a sculpture garden, "Center of Green Space." Some groups also recommended that lusher landscaping be planted with colorful flowers, instead of the colorless existing landscape. Overall, most teams agreed that Town Square should become a civic and cultural center for the city. G. Ocean Avenue: The teams proposed that Ocean Avenue become the downtown's main street. Ocean Avenue underwent a streetscape modification process that residents and owners were very please with. One team suggested that Bed & Breakfasts front the street along with a "light" mix -use development. Staff interprets as smaller scale buildings with max. heights of two stories. Another recommendation by the teams is to make the intersection of Seacrest Boulevard and Ocean Avenue more of a focal point, perhaps with a roundabout, creating a formal entry to Ocean Avenue and the downtown. The other suggestion was to design a bike path on Ocean Avenue that would take advantage of the connection of the bridge to the beach. Ocean District Community Redevelopment Plan H. Residential: Most of the teams agreed that the southeastern section of the study area should remain with single-family housing. Three teams proposed town -homes for the area between I" Street and 3rd Street. Most teams agreed on integrating mixed-use (commercial/office and residential) development on Boynton Beach Boulevard and Ocean Avenue. Again teams desire to limit new buildings 5 (5) stories high. I. Concluding Remarks City staff will now begin the process of reviewing all options and generate three (3) conceptual design alternatives. These alternatives will then be presented to the public via another public workshop, followed by presenting the most preferred concept to the City Commission. A final plan will then be generated. Ocean District Community Redevelopment Plan MEMO To: CRA Board From: Douglas Hutchinson Date: January 5, 2004 Subject: Boynton Beach Boulevard Corridor Plan The Consultants of the RMPK Group will be presenting the Boynton Beach Boulevard Corridor Plan, while the plan is not in front of the CRA Board at this time for consideration of approval, it will be in the near future depending on the on your feedback. The plan was delivered to you a few weeks ago. if for any reason you are in need of additional copies, Staff will provide them upon request. 4482 MEMO TO: CRA Board FROM: Douglas Hutchinson SUBJECT: Consideration of Way -Finding Sign Contract DATE: January 5, 2003 Legal Staff, CRA Staff, and Guidance Pathway System have been working together to complete the contract for Phase II and Phase III. This contract includes the manufacture of 16 signs, Management, Supervision, and Installation of the specified signs, Schedule of Fees, Cost, and Reference Items for Scope of Services and Warranty Information. Staff is recommending approval of the Phase II and Phase III contract. 4483 AGREEMENT FOR PHASE TWO AND PHASE THREE SERVICES BETWEEN BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY AND GUIDANCE PATHWAY SYSTEMS INC. THIS Agreement for Phase II and Phase III services is made and entered into this day of , 2004, by and between: BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY, (hereinafter "BBCRA"), and, GUIDANCE PATHWAY SYSTEMS INC., (hereinafter "CONTRACTOR"). 1. PURPOSE OF THIS AGREEMENT THE ORIGINAL AGREEMENT between BBCRA and CONTRACTOR was made and entered into on the 12th day of November, 2002, provided for Phases Two and Three and this Agreement outlines the scope and compensation for those Phases. The CONTRACTOR has successfully provided the specified Phase I Professional Services to the BBCRA. The BBCRA has requested that the services identified in Phase Two and -Phase Three of the original contract now be commenced as of the day of , 2004. This includes manufacturini and installation services as described herein. The provisions of the original November 12 , 2002 Agreement shall be incorporated herein and shall apply unless modified herein and specifically Section 3.4.1B. is deleted and is no longer applicable hereto. All other provisions shall remain in full and effect, unless they pertain specifically and exclusively to Phase I work. PHASE TWO (II) PORTION OF PROJECT: Manufacture specified sign system for Boynton Beach Community Redevelopment Agency. PHASE THREE (III) PORTION OF PROJECT: Provide engineering for sign permitting and coordination and management of installation of sign system as specified herein. The payment for these services by the BBCRA shall be as set forth in the Exhibit `B". 2. SCOPE OF SERVICES BBCRA intends to continue with its agreement with CONTRACTOR to provide the professional services as follows: CONTRACTOR shall provide a Comprehensive Sign System for the Boynton Beach Community Redevelopment agency as detailed in the following documents. 4484 Phase II Manufacture of the sign system for BBCRA as identified in this Agreement in Exhibit "A" and "C". Phase III Manage, supervise and arrange for the installation of specified signs for the BBCRA as identified in Exhibit "A" and "D". The CONTRACTOR agrees it will perform those professional services for the fees and costs stipulated below in Exhibit `B". The detailed scope of services is identified in Exhibit A, Exhibit B, and Exhibit D herein. The fees and costs for the scope of services performed and products to be provided are described in detail in Exhibit B, herein. Exhibit A. Detailed Description of Scope of`Services. Exhibit B. Schedule of Fees, Costs and Reference Items. Exbibit C. Warranties. Exhibit D. Sequence of installation. 3. BBCRA RESPONSIBILITIES BBCRA shall provide a staging area of enclosed storage space at its own expense or at no charge to CONTRACTOR. IN WITNESS WHEREOF, the BBCRA and the CONTRACTOR have executed this Agreement the day and year indicated below. BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY Date BBCRA Chairman of the Board Date BBCRA Executive Director Date Date CONTRACTOR (Signature) (Print Name & Title) �{ygS 2 EXHIBIT A SCOPE OF SERVICES SERVICES FOR THE MANUFACTURING and INSTALLATION OF A COMPREHENSIVE SIGN SYSTEM FOR BBCRA Phase II. Sign System Manufacturing and Delivery The CONTRACTOR shall proceed and, within one hundred and fifty (150) days after approval of BBCRA to complete Phase H as outlined below. 1. Manufacture the sign system as identified and approved by the BBCRA. 2. Deliver the sign system to an identified staging area.- 3. rea.3. CONTRACTOR will provide to the BBCRA a detailed manual to include site survey maps, proximity sign locations, sign designs and general specifications, and detailed installation and warranty information. 4. Provide engineering for BBCRA to obtain the necessary state, county, and local permits for the installation process and coordinate the utility check for the locations within the BBCRA. 5. Provide warranties and specifications as set out in Exhibit C. Phase III. Sign Installation and After Sales Management With the delivery of the product to the BBCRA, after completion, satisfaction, and approval, CONTRACTOR will proceed to provide the following services as identified below. 1. Execute the installation process including: coordination, arranging for, managing and supervising the installation of all signs. CONTRACTOR shall obtain three (3) quotes from installers and shall provide such information to the CRA Director for review and approval as detailed in Exhibit "D". 2. With BBCRA prior approval, help contract for After Sales Management/ Maintenance and set up a Spare Parts Program for the BBCRA. 4486 3 EXHIBIT B SCHEDULE OF FEES AND COSTS AND REFERENCE ITEMS General Compensation and Payment CONTRACTOR shall be compensated for tasks of the project in those phases identified in Exhibit A as completed by the CONTRACTOR. The general payment terms to the CONTRACTOR for project services or products are as follows: SERVICE OR PRODUCT PAYMENT General Payment Terms for Services Net Fourteen (14) Days Purchase order authorizing the manufacture Thirty (30%) of the total amount of the of signs designed and approved by the purchase order shall be paid prior to BB CRA. CONTRACTOR starting the fabrication of the signs ordered. Completion and shipment of the purchase The balance due on a purchase order for order for the signs. the fabricated signs is payable within fourteen (14) days of receipt of an invoice, subject to satisfactory inspection of the signs received by the BBCRA. Payment is delinquent after fourteen (14) days following receipt and approval of invoice by BBCRA. If'any part of the invoice is disputed, payment will be withheld only on the disputed portion of such invoice. 4487 I EXHIBIT B PHASE TWO: MANUFACTURE OF FAMILY OF SIGNS AND COSTS The following is a listing of signs from the "Family of Signs" for the Boynton Beach Community Redevelopment Agency with costs attributed to quantity purchases for unit items. This listing is a specified list from the BBCRA and references sign costs previously provided. Below is cost of sign manufacture only. ID SIGN # ROAD CROSS FUNCTION STRUCTURE SIZE AMOUNT 8 14 BOYNTON BEACH BLVD I-951IIOLIDAY INN WELCOME $2,876.00 60X95 1 48 30C SEACREST BLVD OCEAN AVE DIRECT $2,463.00 44X91 1 47 30A SEACREST BLVD OCEAN AVE DIRECT $2,463.00 44X91 11 45 31D BOYNTON BEACH BLVD SEACREST BLVD DIRECT $2,463.00 44X91 1 44 31C SEACREST BLVD BOYNTON BEACH BLVD DIRECT $2,463.00 44X91 1 42 31B BOYNTON BEACH BLVD SEACREST BLVD DIRECT $2,463.00 44X91 1 40 31A SEACREST BLVD BOYNTON BEACH BLVD DIRECT $2,463.00 44X91 1 72 24B OCEAN AVE FEDERAL HWY DIRECT $2,463.00 44X91 1 71 24A FEDERAL HWY OCEAN AVE DIRECT $2,463.00 44X91 1 73 24C FEDERAL HWY OCEAN AVE DIRECT $2,463.00 44X91 1 74 24D OCEAN AVE FEDERAL HWY DIRECT $2,463.00 44X91 1 70 23D NE 2ND AVE FEDERAL HWY DIRECT $2,463.00 44X91 1 67 23A FEDERAL HWY BOYNTON BEACH BLVD DIRECT $2,463.00 44X91 1 68 23B BOYNTON BEACH BLVD FEDERAL HWY DIRECT $2,463.00 44X91 11 69 23C FEDERAL HWY BOYNTON BEACH BLVD DIRECT $2,463.00 44X91 1 106 39B OCEAN AVE NE 6TH STREET DIRECT 1$2,463.00 44X91 1 TOTAL $39,821.00 5 1111,101111 i-1 WS, !„�s�_..�__ TT__!.._ f!1» -- nc enc» ci* - 1 (� BOYS TON BEACM Library Wuseum City Hail Civic Center TOWN SQUARE EXHIBIT B jj ,b$ r, EXHIBIT B jjwac JQ47 SIDE MUSEUM -LEFT SIGN # 30A ON. 7 CIVIC CENTER -LEFT IN i ltd - - - - - - - - - - :OCEAN AVE -LEFT .... ........ . 14+8b -b W" 1 ql bei yAearp Cm- jiur-romil EXHIBIT B Sign costs include the following: a) In -ground installation sleeve b) Base cap for pole where identified, powder coated in custom color. c) FDOT approved powder coated frangible aluminum pole. d) FDOT approved sign structure powder coated in custom color. e) Finial for pole powder coated in custom color. f) Aluminum sign substrate/extrusions FDOT approved. g) Selected quality FDOT approved reflective film with compatible ink system. h) Overlay film for graffiti and UV resistance. i) All printing for sign legends specified one/two sides, two sides for all street signs. j) Attachment hardware/ and or bracketing (including Interlok2 hardware for street signs). Sign costs do not include the following: a) Handling and Freight charges from Springfield, Massachusetts to designated staging area. b) Sign permitting fees and applications. c) Sign Installation charges. d) FDOT approved sign breakaway system where specified. e) Technical structural/site diagrams for sign permitting. f) Break -a -way installation fixtures if needed. 4489 0 EXHIBIT B PHASE THREE With BBCRA prior approval, the following are costs associated with the installation process including Installation, Permitting, and Site Installation Management. PHASE THREE COSTS SPECIFICATIONS: General Specifications Not to exceed $2,000.00 ENGINEERING: Actual Hours Not to Exceed $3,750.00 INSTALLATION: 16 locations @ $400.00 Not to exceed $ 6,400.00 PERMITTING: Cost is based on "outside contractor" Not to exceed $ 7,500.00 for permitting services depending on state or county road locations. SIGNS: Manufacture of 16 Signs listed in Not to exceed $39,821.00 Exhibit B FREIGHT AND Actual- Cost Not to exceed $ 2,200.00 HANDLING: BREAK A WAY Actual Cost Not to exceed $ 400.00 Schedule of costs and fees for services The following is a listing of those costs and fees for services related to the planning; design, engineering, and other requests for technical help and/or information that may be required. These charges apply for any expenses incurred in addition to those as identified. Miscellaneous charges for copies, presentation books, and other materials will be CONTRACTOR's cost. Professional Service Charges a) Professional -Engineer b) Design Engineer c) Senior Planner d) Project Manager e) Graphic Designer f) Field Assistant $150.00 per hour $135.00 per hour $135.00 per hour $125.00 per hour $ 85.00 per hour $ 65.00 per hour Secretarial and Administrative Service Charges a) Secretarial b) Administrative c) Clerical 4490 7 $ 25.00 per hour $ 25.00 per hour $ 25.00 per hour Travel and Per Diem Expenses All expenses incurred are presented in an expense report format. All billing expense for travel time is twenty-five (25%) percent of the usual hourly rate. 4491 .9 EXHIBIT C WARRANTIES I. General Warranty Information General CONTRACTOR Sign Unit Warranty (normal wear) one year on sign unit. Below please find a listing of the components, related warranty, and specification information that can be provided II. Sign Components All basic sign components and materials comply with FDOT standards. All aluminum components meet or exceed FDOT requirements. Aluminum Sign Pole is frangible in design and approved by FDOT 1. Installation Sleeve (aluminum 15 years) Metal type, general specifications, projected durability 2. Base Cap and Finial (non-structural) (3 years) High-density plastic composite. General specifications, painted coating with general specifications 3. Pole (aluminum 15 years) Metal type, general specifications, projected durability 4. Sign Structure (aluminum 15 years) Metal type, general specifications, projected durability 5. Sign Substrate (substrate and legends materials 5 years) Metal type, general specifications, projected durability 6. Sign Legend Materials, Overlay Film and Inks 3M materials (engineer grade and hi intensity) identified overlay type, compatible inks with reflective sheeting. 7. Fasteners, nuts, bolts, washers (aluminum 3-5 years projected durability) All fasteners are aluminum will provide manufacturers cut sheets, specifications. 8. Paints (projected life only) Specialty (auto body) paint reference manufacturers' specification 9. Powder Coatings (projected life only) Specialty powder reference manufacturers' specification 10. Anodized items (projected life only) Specialty reference manufacturers' specification 4492 M EXHIBIT D SEQUENCE OF INSTALLATION As part of the Agreement, CONTRACTOR will oversee and manage the installation of the sign system. CONTRACTOR will identify (with BBCRA) a minimum of three qualified sign installers to bid on the installation project. If there are less than three qualified bidders; CONTRACTOR will notify the BBCRA. CONTRACTOR will help in the selection process. Also after execution of the Agreement, CONTRACTOR will immediately commence with permitting process with the city, county, and state representatives. CONTRACTOR will try to provide approved permitting , in the most expeditious and cost effective manner. CONTRACTOR may use City DPW/Engineering contacts for DOT contact at all levels. 1. Staging- Area: BBCRA will provide appropriate staging area for CONTRACTOR to store and work on sign installation and location program. 2. Installation Fixtures: The installation fixtures for the sign system will be sent to the approved installer to be pre-installed prior to sign shipment arriving in Boynton Beach. Prior to this time, the final site plan sign locations and utility check initiated by the City will be completed. Installer will install fixtures and will cover and identify fixtures prior to sign installation. 3. Order Receipt: BBCRA will be notified not more than two days in advance as to shipment leaving MA production facility. A representative of CONTRACTOR will meet the shipment at the identified staging area to review, check in and help stage the order in preparation for installation. All appropriate paperwork referencing approval and payment to CONTRACTOR will be completed at this time. 4. Installation: An installation sequence will be established to install signs in the most efficient manner. All signs will be pre -assembled prior to being taken to installation site. Final assembly and orientation and attachment will take place at sign location. 5. Final Approvals: Both the BBCRA and CONTRACTOR will review sign installation. If necessary, a punch list will be established for installer to remedy. Once all items have been approved, final approval and payment for installation will be provided. Payment for the installation can be divided into pre -installation fixtures and final sign installation. 6. Costs and Overruns: If any CONTRACTOR cost exceed the identified cost ranges or maximum costs, overruns must be substantiated in writing with specific detail of cost overrun amount. HA1998V80465WGM'PAgreement for Phase II & III.doc 4493 10 IX. New Business 4481 Any person who decides to appeal any decision of the Community Redevelopment Board with respect to any matter considered at this meeting will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. The CRA shall furnish appropriate auxiliary aids and services where necessary to afford an individual with a disability an equal opportunity to participate in and enjoy the benefits of a service, program, or activity conducted by the CRA. Please contact Douglas Hutchinson at 561-737-3256 at least twenty-four hours prior to the program or activity in order for the CRA to reasonably accommodate your request. Memo To: CRA Board From: I Douglas Hutchinson Subject: Delray Boynton Academy Fagade Grant Application Date: January 5, 2004 Staff is currently working with the applicant to expedite the application process. As of the date of this memo, the application is incomplete. However, based on Board direction to prioritize the issue, Staff .is including the item for consideration on the January 13, 2004 Board Meeting agenda. Staff will provide the completed application and back up documentation at the earliest juncture possible before the meeting. 4494 2002/2003 FACADE IMPROVEMENTS GRANT PROGRAM APPLICATION FORM Boynton Beach Community Redevelopment Agency Maximum Grant Amount is $15,000.00 {Please Print Or Type Only - Use Additional Sheets If Necessary} APPLICANT INPROMATION Name of Praperty Owner: _ Address of Property Ownerf � �i �� i N ' /z �C � ni C- - A7- !) CitylState: IF -Zip Code' �Z3 5 Phone # Day: J% 3 Evening: Legal owners and legal description of the property to be improved (please attach cOPY of warranty deed and lease, if applfcabte): If Different from Property Owner Name of Business: ':�;rd /,A Address of Buslness:n `A K �z s r City/State: �_jZip Code: J Phone # Day: �,� - 3 `3 Evening: Typo of Business: 601-- years c L Years of Operation: I — - Number of Employees: Annual Payroll: Number of Employees residing in Boynton Beach: _2 Boynton Beach Community RedeveiopmentAge, r --y /1 Fagade Graft ProWam Application A D.+na 1 n3 C accounting including invoices, receipts or other acceptable evidence of payment from suppliers and licensed contractor(s) that have been marked "paid" with a "release of lien" signed by each. Proposals for "work to be completed" or "bids" are not considered proper documentation. Each item will be supported by a canceled chuck showing the face of the check, as wcll as the back of the canceled check, (2) the Applicant shall warrant that all bills related to tho Project ars paid in full including, but not limited to, all contractors, subcontracts, labor, materials, related fees and permits, and (3) the Application for re -Imbursement shall provide a minimum of four 3"x5" color "during" photos and a minimum of four XxF color "after" photos of the Project. Photos should be from approximately the same position as the "before" photos submitted in the Application and the "during" photos. 3. The Reimburserneid Request from the Applicant shall be submitted no later than the 150' of the month for consideration by. the CIA Board at its next month's meeting. Reimbursement 4hall be issued ten (10) days after approval. 4. Grant funds will be reimbursed exclusively for eligible work and approved change -orders that have been approved by the CRA. 5. Grantees shall grant the UNA and/or the City of BoyiaWn Beach the rights and use of photos and project application materia)s. Witness(Date) C { ) _ raBrty Owner (Da Witness (Date) Tenant/Business owner (Date) CRA Director (mate) +11--5 Boynton Beach Community Redevelopment ,Agency Fagade Grant Program Agreement 0--- a .,c e 2002/2003 FAI,AQE IMPROVEMENTS GRANT PROGiRAM PROGRAM AGREEMENT Boynton Beach Community Redevelopment Agency PROGRAM REGULATIONS 1. The Applicant argraps not to alter, renovate, or demolish the new fagade for three years, commencing at the time final inspection by the GRA is completed. If violated by the applicant, the GRA may choose to require grant fund repayment, enforced by property lien.. 2. The CRA will consider appraval of grants for exterior improvemonts to at building which does not face a recognized street. The exterior rear of a building facing an alley way will also be considered. 3. A minimum of three (3) inspections by the CRA are required. Those minimum CRA inspections are (1) before starting work, (2) during work and (3) final inspection. More inspections may be required by the CRA. it is the sole responsibilityr of the Applicant to schedule inspections with the CRA and City. These -inspections in no way are substitutes for required City inspections and compliances. 4. The property owner, or tenant if applic9hlp, must complete the fagade improvement project within six (6) months of the grant award unless the project is approved as a phased project in which case the project must be completed within six (6) months of the commencement of the final phase. Failure to complete the fagade improvements in a timely manner will result in the property owner, or tenant if applicable, losing the grant reimbursement opportunity. The Board may consider time extensions. REIMBURSEMENT REGULATIONS 1. This program is designed as a reimbursement grant, That is, all work must be done and paid for by the Applicant, prior to the CRA's .funds being released. The CRA will provide reimbursement to the grantee upon submittal of a complete Reimbursement Request and approval of completion by the CRA Board, 2. Reimbursement Request shall be summarized in a report and accompanied by proper documentation. Proper documentation will consist of '(1) Project �gjgC m Boynton Beach Comunit Redevelopment Agency Fagade Grant Program Agrfement G...•.- 4 ..i 7 PRMR AM GUIDELINES The following guidelines are intended to inform a potential grant applicant of the extent and scope of the program. The purpose of the program is to encourage commercial property owners to upgrade their properties by improving the external appearance of their business and to encourage businesses to invest in their operations. The result will haft deterioration, stabilize property values, improve and upgrade appearance of the area, and facilitate and encourage redevelopment activity in the target ar9a. The following guidelines are applicable to this program: 1. The program is available only for property located within the Community Revitalization Areas of the Boynton Beach Community Redevelopment Agency (CRA). Note: See attached Facade Grant Area Map, 2. The program is for commercial properties and businesses. The property owner must be the applicant. However, If the property is currently leasA.d to a tenant, then the Application and Agreement must be jointly executed by both the owner and the tenanL 3. Eligible exterior improvemonts for this program include: + Painting. + Shutters. w Signage (located cn the building or the property). + Awningskonapies. + Doom. lwindows. + Landscaping around the building. Irrigation. Parking lot re -paving, re -sealing, re -striping. + Exterior Lighting. Patio or decks connected to this building. + Exterior wall repairs (e.g. stucco, brick or wood repairs and replacement). • ADA improvements. 4. All work us be in compliance with applicable Boynton Beach Building Codes and all contractors MM9 be licensed in Boynton Beach/Palrn Beach County. If the Applicant(s), installs enhanced landscaping and or signage it must be in accordance with City Ordinance No. 98-43. 5. Maximum Grant amounts: The GIA will provide, on a roimbursemOnt basis, a dollar for dollar matching grant for eligible fagade improvements up to a total of fifteen thousand dollars ($15,000.00) of CRA funds. 6. The Facade Grant program will honor expenditures completed up to 90 days prior to application, iLum�p{{�m�ents underway and proposed Loyrdon %ach Corhrttunq Kedevelopmenn Agency Facade Grant program 6nnn O ni G improvements. 7, The Fagade Grant program may only he used one time in any three year period for any one property. Properties may re -apply for additional grants ally time after three (3) years from previous grant approval. Project phasing of up to two years can be requested. Property owners may receive grants for multiple property locations. Applicants shall be limited to one grant per CRA budget year (October 161 to September 3&). jqj � E- Boynton Beach Community Kedeveloprnont Agency Fade Grant Program MM-. O -f R APPLICATION PROCESS An applicant seeking a project grant may secure an application from the Boynton Beach Community Redevelopment Agency (CRA) located at 639 E. Ocean Ave., Suite 107, Boynton Beach. 561-7.37-3256 2. An original application and eight (8) copies of all materials are to bo returned to the Boynton Beach Community Redevelopment Agency for review and approval by the GRA Board. Applications will be considerod on a first -regime, first served basis. Applicants must take the necessary steps to insure that their submitted application is properly time stamped to document receipt by the CRA. 3. upon approval, appropriate grant program documents will be prepared in the CRA Attorney's office and the applicant will be notified of approval by return mail. 4. The CRA will administer the commercial exterior facade program. In addition to the appropriate City inspections, the CRA will inspect the work to determine satisfactory completion of the work. 5, Applicants may not have any outstanding City of Boynton Beach liens against their property. In the event that an Applicant has an outstanding City of Boynton Beach lien against the property, the grant will not be awarded until the complete satisfaction of the lien. 6. Applicant shall obtain, read and understand all aspects of the Fagade Grant Program Agreement, including Program and Reimbursement Regulations. 7. Application to this Program is no guarantee of funding. Funding is at the sole discretion of the CAA Board. Boynton Beach Community Redevelopment Agency Fa0de Oram Program pn-d A rvi r- PROJECT INFORMATION Describe improvements to be done to tho property. Attach the following items. Project work write-up(s) describing in detail the scope of the project, Plans or sketches if applicable, Site plan and plant list for landscape projects, J r . Third -party cost estimates from three (3) licensed contractors, • Estimated time line, �_ ;/• Evidence of financial ability to pay for the project (approved loan, cash account, line of credit, etc.), • A minimum of four (4) 3" x 5" color "before" photos of the project which must include "public views', • Signage design with colors & materials proposed if applicable, Project color chips / material samples if applicable, • And material spoe fications_ Applicable documents must be attached for the Application to be processed. By signing this Application, l acknowledge that I have recaivad d read a copy of the Program Agreement, and I understand and agree to comply content. d Witness(Date) Property Ownor ( te) (proerty owner's signature must hp notarized} Witness (Date) Tenant/Business Owner (Date) CRA Director (Date) Boynton Beach Community RedeverlopmentAgency Facade Grant Program 0. F ^#A% STATE OF FLORIDA, COUNTY OF PALM BEACH BEFORE MF, an officer duly authorized by law to administer oaths and take acknowledgements, personally appeared ��� n who irparsonally known to me or produced - as identification, and acknowledged he/she executed the foregoing Agreement for the use and purposes mentioned in it and that the instrument is his/her act and deed. IN WITNESS OF THE FOREGOING, l have set my hand and nfficial seal in the State and . t County aforesaid on tN* day p� NOTARY PUBLIC/' My CommisSlon EXPires: l0 I '-I C1 LQ -5 —. Boynton Beach Community Redevelopment Agency Fagade Grant Program of-- R of R txh,b,t A Delray -Boynton Academy Project Description Delray -Boynton Academy is in the process of seeking approval for building a school on the southeast corner of Martin Luther King Blvd. and Railroad. We are -seeldrig-a-grant to -match our efforts toward creating -our st-structure in -compliance with Boynton Beach's Community Redevelopment Agency. One of our aims is to form a bond with the Boynton Beach community by emphasizing its strength, as our at -risk students are in great need of structure and a sense of family. We feel that the best method of achieving this is by aligning ourselves with the Community Redevelopment Agency and building a school that meets if not exceeds the expectations of the City of Boynton Beach. It is our experience that when people are proud of their community, they become the pride of their community. By participating in the Fagade Improvements Grants Program, Boynton -Delray Academy is not only helping its students and their families feel proud of their surroundings, but helping unite the community as a whole. It was the suggestion of a CRA board member, knowing the additional expense of renovating our site plans that we apply for this grant in order to enhance the exterior of our building. Boynton -Delray Academy is the eastern gateway into the Heart of Boynton Beach and the CRA felt that such a project could be approved if we augment the structure that will represent the pillar of the eastern entrance into the Heart of Boynton Beach Project. CAJ it "I 1 L-) SCOTSMAN Modular Buildings And More. March 28, 2003 Joe Green Delray Beach Academy _- 900 N. Seacrest Blvd. Boynton Beach, FL 33435 Dear Joe Green: Thank you for the opportunity to speak with you the other day. WILLIAMS SCOTSMAN, IN South Florida Modular Building Divisic 4460 Camino Real Way, Unit ; Ft. Myers, FL 339: 941-275-731 FAX 941-936-64: Enclosed is general information for your review. Williams Scotsman is a national leader in modular structures for educational use. With today's technology and construction techniques, modular buildings meet all current commercial building codes and are a permanent, safe, reliable and efficient alternative to site built construction. The Williams Scotsman Modular Building Division has the resources to handle any scope of work you desire. We are State licensed Certified Building Contractors offering "turn key" services. We also have available in-house project management and a branch office nearby with staffed service vehicles. In addition, you can rest assured that your project is secure with the backing of the Nation's leader in modular structures. By utilizing our unique method of Concurrent Construction, we trim precious months from a conventional construction schedule. Site preparation and utilities and foundation installation occur while your structure is being manufactured in a controlled factory environment. From manufacturing to set up and site work, Williams Scotsman retains only the industry's top employees and sub contractors. I personally have been in the business over seventeen years and would welcome the opportunity to be part of the successful completion of your building project. For more information on our group, please visit the web site, www.wiliscot.com and click on Modular Building Division. Sincerely, Rodney Green Account Manager South Florida Modular Building Division RG/SFA --- -- -- -- _�� �•• wiL-L—IMMO JDUU1.71"IAN IN NAGE 02 SCOTSMAN w ModWar IhW& 6 Aad More Delray Boynton Academy Budgetary Price Listing 6/24/03 -- - Modular Classroom Building 112x64 Site Engineering TBD Earthwork TBD GC Fee to Pull Permit & general conditions 5,900 Project Management & Coordination 6,300 Modular Buildings 268,800 Freight To Site 8,000 Building Installation & foundation 25,000 Skirting 3,500 Plumbing Connections & Runs TB17 Electrical Connections & Runs TBD Data and phone Connections and Runs TBD Ramps, Decks & Steps (aluminum) 10,000 Sidewalks TBD Landscaping and Irrigation TBD Canopies TBD Fire Protection TBD Alarm Systems TBD Notes: Site related work such as excavating, water management, paridng, paving etc. can only be determined after site engineering is completed and approved by the authority having jurisdiction Williams Scotsman and owner. Permit and impact fees are not included in the above pricing and shall be paid by the owner directly to the authority having jurisdiction. Applicable taxes are not included Included in general conditions are necessary temporary portable toilets, dumpsters and cleaning for W/S scope of work only., yMI k -. -•. .-..v.' LV ice-.. 1—QY.70 W1LLIRM'1 SITU1Z:MHAV 1N F'AUL U j U, cuua ic:carn Havancea-Modular Structur 954-960-0747 EXh1bif P.4 for C.2t"l .advanced Modular Stntctnres, Inc. 141 1 N.W. 15th Street Phone: 954-460-1530 Pompano Beach, FL 33069 cOrnc,439 Fax: 954-960-0747 ECA001934 Exhibit A Delray -Boynton Academy Mr. Joe Green - — 900 N. Seacrest Boulevard - _---- - - Baynton Beach, FL 33435 - August 15, 2003, rev. August 21, 2003, rev. September 2, 2003 Dear Mr. Green: Advanced Modular Structures, Inc. (AMS) is pleased to present this proposal to supply our services to construct ,your school. General Building Description Size: 120'x72' Type: Type VI construction Roof: Urethane foam over plywood Building Cade: SBC 110 NIPH wind load (to be re -certified by DCA to new requirements) The Building shall consist of: Floor: Perimeter frame, 2"x8" steel joist, double layer 3/a" plywood deck New level loop commercial carpet throughout except ceramic tile in baths Walls: 2"x4" C 16" on center TI -11 siding R-1 1 insulation New vinyl covered gypsum interior Wood interior doors with wood frames to meet required fire ratings Lever, locking hardware and closers where appropriate See attached floor plan Ceiling: Ncw Popcorn finish over drywall in rated areas New T -grid in other areas Cabinets: none Fire Alarm: Monitored fire alarm system per NEPA requirements. Visit us at www.advancedmodular.com 191 M aep uc cuuj 1e:e'trM hdvanced-Modular Structur 954-960-0747 P,5 Electric: 3 phase, 600 amp service 12) 100 amp interior sub -panels Outlets @ 10'-12' on center Fluorescent lights through out, new lamps, (surface mount in rated areas, recessed in others), All wiring per NEC Site lighting w/ concrete poles included -- Emergency lights and exit signs per code - - --- Plumbing: Builder grade fixtures - — Plastic laminate partitions Fixtures quantities per code requirements HVAC: Carrier roof top AC's, quantity 8 Fiberglass duct work, adjustable diffusers Exterior walls: New Hardi Panel (concrete board) siding w/ stucco finish 1"x4" Hardi trim (concrete board) R-11 insulation with vapor barrier New Egress windows, quantity up to 20 (shutters not included) Roof: Steel clear span construction Urethane foam over galvanized Plywood deck R-14 insulation with vapor barrier Three year warranty on roof (The roof warranty is renewable.) Site work: All necessary surveying Clear and grub Up to 1433 yards of fill Water service with hydrant if required Site drainage to retention area Paving per site plan with 12" stabilized sub -base, 6" DOT time rock and 1." asphalt 2) FDOT ramps at drive Striping and signage as required on site only (painted stripes), offsite signs not included Landscaping per code Irrigation system and well Concrete HC ramps and steps w/ steel rails Up to 576 SF of 4" sidewalk 429' of perimeter sidewalk with curb and gutter Up to 500 SF of 6" thick sidewalk Site lighting w/ concrete poles included 3 phase, 600 amp service Fence around play ground area w/ 6' gate Skirting w/.ventilation Back fill building perimeter Dunapster pad w/ enclosure Visit us at w :vw.advancedmodulancom aep ue eUU3 12:25PM Rdvanced Modular Structur 954-960-0747 p.6 Clarifications: • Sales tax is not included in price and will be added to price, if exemption is not provided. • Any extras to the building will be billed at cost plus a 15% gross margin. • Any extras to the site work will be billed at exact cost with no mark up. • Advanced Modular is not responsible for unforeseen conditions such as muck -or debris buried underground. Any item not specificall s not included. Below is a partial list of items excluded from this quotation. Permit fees or governmental fees are capped at $12,000 Soil borings and reports Telephone work of any kind Furniture and fixtures unless specifically listed in quotation Fire extinguishers AC testing and balancing Burglar alarm Security or security fence during construction Renderings or elevations Chalkboard, tack boards... Additional county requirements (hydrants, water main...) Costs associated with financing Builder's risk insurance Summary: Construction of used 8,400 SF educational building to with all new finishes inside and out. The building comes with a 12 month warranty equal to the warranty of a new building, This proposal includes specified site work. Permitting and necessary plan revisions are included in this proposal and AMS will pay up to $12,000 in permit fees. Total Investment: $475,000 The cost of the building is $250,000 and the cost of the site work including permit fees is $225,000. Prepared by, 7 Willis resident Visit us at www.advancedmodular.com lgll 0 --r- CUU0 L�oc-?rrl riavancea 1-10cuiar structur 954-960-0747 p, v� 8 I lil I � I 8 8 cl. I lc -- 818 8 8 8 (C) L6 CD CO I ifli,,,!,;, � f til►I;�! If � ji i;il;! � ► � � i;!;I it i I;I filill, i � f'��I i jll ;! !�Ijl '� m I j i ! I � i � (�� IEy Ia, I ,� �I� cn � � I�� � U) E lz Q)i 1 :3 -1 ; 01 - ORO: �'f �' IC, I41 rdr�i�!�IE C! r E X -E C X; �Uuo la;lCor-1-1 nuvanced moau'ar 5tructur 854-960-0747 AUG -11-2003 19:10 FXhD PREMIER. MODULAR BUILDINGSO IE Joe_GrreenlDelray Beach Academy From: David J. Daum Date: 8/11/03 Re: 10,000 sq. foot school After our discussion yesterday I felt compelled to put the following information together for you in hopes that you and the board would still be open to considering Premier Modular Buildings LC to build your new school_ The attached floor -plan and proposal is simply something that 1 had in mind for you from the beginning but because of the uncertainty of the land issues I never did forward to you as I should have I guess. Anyway, just something for you to look at and discuss with the board if you wish although it may be a mute point now. Also, I have attached a list of some of our recent references for you to contact if you wish I put a * next to some that are in your area. Also, all our contractors that would be used on your project would be from your area as I know this was a concern. Again, all of this might be a mute point because of your decision but I just thought 1 would pass it on to you in hopes that you could still consider us. Whatever your decision I do wish you the best of luck. Thank you for your consideration. Nrw 6- Custom Ofscr TraiLin d Madmiar Bssdldsngr 387 Taft -Vineland Rd. Orla.ado, Florida 32824 ♦ 407.888.2022 Phone ♦ 407.888.2711 Fax 1 AUG -11-2003 19:11 - p.03/05 PREMIER. MODULAR BUILDINGS BUDGETARY INVESTMENT ANALYSIS DELRAY _BEACH ACADEMY 10,000 NOMINAL SQ. FEET AUGUST 11, 2003 WELDING OUTRIGHT COST: "FINANCE LEASE RATES: 60 MONTHS 84 MONTHS 120 MONTHS $288,911.00 $6,200.00/ month $4.877.00/month $3,599.00/month (* $1.00 buyout at end of term for full ownership of building, other terms available upon request) One Time Costs: 1. DELIVERY OF BUILDING/COMPONENTS TO DELRAY BEACH ACADEMY AND ERECTION OF BUILDING ON A PREPARED SITE $21,760.00 (Based on a level, accessible, and compacted site) Clarifications: 1. All above costs subject to Premier Modular Buildings, LC approval and mutually agreeable terms and conditions. Taxes not included. 2. Proposal valid for 30 (thirty) days and subject to change due to material market conditions. 3. Site work; site engineering, utility connections and permitting not included, but available upon request. Window protection by others if required. 4. A full scope of work and delineation of responsibilities will be provided upon notice to proceed. 5. This proposal is for budgetary purposes only, and may vary due to actual specifications. The above costs are based on minimum requirements to meet the 130 MPH wind codes. 6. Foundation is based on a standard foundation which consists of dry stack CMU'S, pre- cast base pads and no mortar. 11g1gs New & Custom Office Trailer) d Modular Buildings 387 Taft -Vineland Rd. Orlando, Florida 32824 1 407.888.2022 Phone ♦ 407.888.2711 Fax FUG-l1-20133 1912- _ - r'.w'u, 1171972003-ey: bb w 4 1911 N.W. 15th Street -1?ompano Reach, FL 33069 CC;03i44# 9549600741 -- -- ADVANCEDMODULARSTR A**�il'ltb�� E Advanced Modular Structures, Inc. - i1i 1`Jarden., City Manager of Delray Beach-- - _ —1 ti enue — Delray Beach, FL 33444 - - Novembor 18, 2003 Dear Mr. Harden: PAGE 02 Phone: 954.960-1550 Fax: 954-960-0747 ¢CAM 1054 This letter is to confirm that all required information has been submitted to the City of Boynton Beach and is awaiting final approval at the Decembzr 17, 2003 City Board Meeting. This also confirms that Advanced Modular was selected to perform. the construction for the Delray -Boynton Academy with targeted completion in. April 2004. Attached is the Site Plan Review Schedule for the City of Boynton Beach, Sincerely, M. Willis sldent: ` q jj U Visit us at www.advancedmodular.com N6v'-''07"2003 3'627PH Rd,vanced Modular Structur, 954-960-0747 P, ` 2003 REVIEW SCHEDULE -- P&))/CRA • XXw 6ru PLAN • 60DIYISION-WASTIR PLAN • MAJOR FM PLAN MODLnCATION • MASTER PLAN HODEFIC.ATIOr CONDITIONAL USE APPROVAL =PLAN ORIGINAL CITY COMMENTS T$CHNICAL CRA 6UBMTTTAL DUE TO Rivin BOARD COMMIMON DEADLINE APPLICANT copoII l MUTING ( WMTING (ifRpp&sbe) MEETING! AMENDED PLANS DFADLWE - December <._. -- --- . -- —Jan 2 Ihr.11 03 Febrml 1 03 I Dumb 11!February S Marsh is A S A 1S -Mare6 S A i 5 may 13 IM20 A ! 20 J6me 10 Jmae 17 7 done 17 i IS Jim 1 — J* l3 dwct•t ] 1 Aaeli! 19 2 1 I Aoemftl2 - I -- October a a) 7o rA=An 7781 lQpx=ff AND omuL 7D moomm" OP A LIIQum, n Is Lsq-um nw A rEI.ATt[ACATICN tIE n,, IN wLA AT wwbf1(t We5A MM TO PLAFMAD WOMMAL (CD rACt PLQQRNQ A\D MaX O DIVkKM AT (S6117tL6t60j. THE s0ETM WDL ADDRaRa CM CW$ LBoA WW Tn TYrE OF KM_.% TTAE, DQUO REVMW 6CIUMML K1RM7[7AL PIOCEDULSIx, Pili, APPLICATION K*M AND TYFI AND NUMUM OP nAXVDOC hMn MAT AU R7WO"T0IN AMWTITEOL ATMRfMMADRAFT 1LAN WWLD ELVXWP4tm PCI RIVMWATTW nj7. M]CATKMWUMO 41 A A VJMKarAL H RS WOV WY 77E OEIGWAL AJBAOT7AL DEADLD$ DATE. AHD TIN WJXWTTAL W VITE OM ACQPTAaLS POE ntocuW0. 7M VJSMRTALRILLrOL14WTUICffiD DEI,TLP®.AWOM ff MALLA'..ODENOTEDTRATTINAtAPMMKANSDDADL M DATAAMOCATPSOHLY TIN (10) "U= DAY! FOR TEN ArrU &W TO SU MQ A OOMPLM MUM r W RiCI.UDif TEE !LANs THAT IIAT= am woo 10 0ONFLT NI7a TM TOCIMCAL ESVZW CO WM1T U REQ COYKENTs OENEIAtO PROW TNT WMEW (1P TIE ORl®IALXUWMAL OOC MWn. TO I= TIld REMW Pa=u ON KwD(KA T= AEI@DID XA)m DEADiam DATE Is rrtk..T LY 721ftMLZD. AN AMUCATIOK LACIUNO ■EW ED DOLTMM" MAT NOT DE FROMM K LLOWMO IDW CKJORtAiLY4C®VIID DATES. 0) PPFLXATXM WK= a6QIARa SIMMAL Or A TEAFM —ACT ANALT" P6nuU TO THE M r=&AL sRLumnaxw OP PALM RRACR COUNTY TRAPPIC MFORMANCE SCANDARM ORDINANCE RaQLAU A0017MAL KWZlV TDB. NOTE: TWO OA NOW ATO alALMD COM OF TIE TKWW DUALT ANALT&I ARE'2wMEDAOElfITALsuwA:rTAL. R)D'IDIQUE[rnutRWRDDIOTaAWXTOnAN.M(Otzm-marrAt/. 641 THR ADQVEDAT=KAYR/USIW7TOCBANOL COHTACTTHLP4lvwr#G.U'DSONa:ODfMOKTOVRI/YDATEL U) ' lMrD40 DMl CHA1t0ED DUE TO zuCn(N DAY AND NOUDAY! '•rRUNOR eLs IQ1 YBCLSIARY. CITY CIDOtmaw wTu idur )(oviusu o.10,3 (61 Aly AMUCATM RLLATM TO PR1 nTT Wn-HW THE COMWVNTtY LEDIIDLO►AKNT AREA D LLVMWED aY'a CO "W Y L=V% LOP WT AGENCY (CRA), AIL 01782! ARE EEY3N®DT rn nAvm7. o AND D6Y71API ewy ROAAD. PAGE TO CQiNDuAnm EY THE CITT COADOixw. M In"sRDQuIRWO cow .LEV®W POL CIi'YW=!AO'L uFxTATTON NAY LDQUTAE tEVDIW D:' CAA D ITEM S IN THE CaA AMIN ADOMON TOM D. BOA -VM. O TRLZCLaA nMrATTCl?G TONES All PDIIT RSVMWM SY THE r0WW hTTNO REVIEW CIOKWTTES Pt2X `10 WBIMTTNI' AN APPLEATHR( FOR OO VrrMAL UZ£WTI N.AN AMOVAL. lMriytCIL�RE1A1fP1t�OtACSKC�DVODTb6! 9kePW EIV¢WfClalK" PAM'MA. i31'. wj&M �y9gv r oe ree ecu ive DIF6c Ur - - - — ��. `,eVelopme t r oration, a; District of Columbia not -for profte corporation;. ("Lender"), agrees to FF make a° loan (th oan") to Delray -Boynton Academy, Inc , 'a Florida noto-profit corporation ("Bon -ower"), sublo the terms and conditions-h9edinafter set fdtth and. -the -ad Tonal conditions set forth in th"e Standaed X -firms and Conditions annexed hereto and mad62 apart -hereof.• ? w r 1 Use o'UanjProceeds: Tfieceeds of the Loan shall be used solely to 06Y.�(I) the fees, costs, and expenses - incurred -or -toy be incurred by the Borrower in, connection with -the-Construction Work (hereinafter defined) to be prosecuted and completed by the Borrower in and about the developed real property owned by the Borrower as identified in the legal description attached to this letter as Exhibit A (the "Property");-and.(ii) costs and expenses associated with the closing of the Loan. All expenditures must.be approved by the Lender and must be consistent with the budget for the Construction Work (the "Project Budget") approved by the Lender prior to the closing of the Loan (the "Closing"). For purposed hereof, the term "Construction Work" means construction of an 8,000 square foot building more fully described in the plans and specifications for and with respect to the Construction Work that will be submitted to and approved by the Lender. Loan Proceeds that will be used to finance the Construction Work (the "Construction Funds") shall be disbursed in accordance with the provisions of Paragraph 6 below. 2. Maximum Loan Amount: Four Hundred Thousand Dollars ($ 400,000), or so much thereof as shall be advanced. 3. Term: Maturity: The term of the Loan shall be ten (10) years from the first (1S) day of the first (1St) month following the completion of the Construction Work (the "Conversion Date"), which shall occur no more than six (6) months after the Loan Closing, unless maturity is accelerated pursuant to the terms hereof or any of the documents evidencing or securing the Loan (the "Loan Documents"). At the maturity date of the Loan (the "Maturity Date"), the entire principal balance of the Loan plus all accrued and unpaid interest thereon, and all other sums payable in connection With Loan, shall be due and payable in full. The Conversion Date shall occur not later than June 30, 2004. 4. Interest Rate: From the date of the first advance of Loan proceeds through and including the 1725 Eye Street, N.W., Suite 600 Conversion Date, the loan shall bear interest at a floating rate of interest equal to the base Washington, DC 20006 Tel (202) 336-7680 � � � � W Fax (202) 336-7804 WT. } �{ flit . -oan Commitment Letter T fi I�Cg <_ , °` a October 31, 2003. ._ �,t n• ' 1. . -. -- -__— - �-� � .. • e c yard— __ -- - -- - r oe ree ecu ive DIF6c Ur - - - — ��. `,eVelopme t r oration, a; District of Columbia not -for profte corporation;. ("Lender"), agrees to FF make a° loan (th oan") to Delray -Boynton Academy, Inc , 'a Florida noto-profit corporation ("Bon -ower"), sublo the terms and conditions-h9edinafter set fdtth and. -the -ad Tonal conditions set forth in th"e Standaed X -firms and Conditions annexed hereto and mad62 apart -hereof.• ? w r 1 Use o'UanjProceeds: Tfieceeds of the Loan shall be used solely to 06Y.�(I) the fees, costs, and expenses - incurred -or -toy be incurred by the Borrower in, connection with -the-Construction Work (hereinafter defined) to be prosecuted and completed by the Borrower in and about the developed real property owned by the Borrower as identified in the legal description attached to this letter as Exhibit A (the "Property");-and.(ii) costs and expenses associated with the closing of the Loan. All expenditures must.be approved by the Lender and must be consistent with the budget for the Construction Work (the "Project Budget") approved by the Lender prior to the closing of the Loan (the "Closing"). For purposed hereof, the term "Construction Work" means construction of an 8,000 square foot building more fully described in the plans and specifications for and with respect to the Construction Work that will be submitted to and approved by the Lender. Loan Proceeds that will be used to finance the Construction Work (the "Construction Funds") shall be disbursed in accordance with the provisions of Paragraph 6 below. 2. Maximum Loan Amount: Four Hundred Thousand Dollars ($ 400,000), or so much thereof as shall be advanced. 3. Term: Maturity: The term of the Loan shall be ten (10) years from the first (1S) day of the first (1St) month following the completion of the Construction Work (the "Conversion Date"), which shall occur no more than six (6) months after the Loan Closing, unless maturity is accelerated pursuant to the terms hereof or any of the documents evidencing or securing the Loan (the "Loan Documents"). At the maturity date of the Loan (the "Maturity Date"), the entire principal balance of the Loan plus all accrued and unpaid interest thereon, and all other sums payable in connection With Loan, shall be due and payable in full. The Conversion Date shall occur not later than June 30, 2004. 4. Interest Rate: From the date of the first advance of Loan proceeds through and including the 1725 Eye Street, N.W., Suite 600 Conversion Date, the loan shall bear interest at a floating rate of interest equal to the base Washington, DC 20006 Tel (202) 336-7680 � � � � W Fax (202) 336-7804 Loan Commitment rate of interest, established by. National Consumer Cooperative Bank dba National Cooperative Bank plus one percent (1%) per annum, adjusted monthly. The Base Rate -shall mean -the -Base Rate of Interest established by National Cooperative Bank from -time to time for -its -commercial loan facilities, whether such base rate of interest -is --publicly or privately announced. Any change in such rate shall become effective monthly on the first day of each calendar month. On the first (1"') day of the first (1s`month following the Conversion Date (the "Initial Adjustment Date") and on the fifth (5) anniversary of the Conversion -Date the "Subsequent`Mstment Date"), the interest rate on the loan shall De adjusted to be equal to the "Adjusted Rate." The Adjusted Rate on the -1nitiai _ - -�-�.� �.,� . •••� a,�s.�c=yUahcls uercen<<<,.i�roi_in excess of the current weekly average yield for United States Treasury Securities having five (5) year maturities, as published on the last business day prior to the Initial Adjustment Date and the Subsequent Adjustment Date, =respectively, as published in document H.R. 15 (519) published by the Board of Governors of the Federal Reserve System and entitled "Federal Reserve Statistical Release," or its successor publication; said rate to be rounded up to the nearest one-eighth of one percent (1/8%). Interest shall at all times be calculated based upon a 360 -day year and actual days elapsed. 5. _ Payments: During the period commencing on the Closing Date and ending on the last day of the month in which the Conversion Date occurs, the Loan shall be repaid in successive monthly installments of accrued and unpaid interest only on the first (1 a) day of each month. From and after the Conversion Date, the Loan shall have a one hundred twenty (120) month term and shall be repaid in successive monthly installments of principal and interest payments calculated pursuant to a one hundred eighty (180) month amortization schedule; provided, however, that such installments shall be subject to adjustment as and when a change in the interest rate occurs. Such installments are payable beginning on the first (1 S) day of the second (2f1d) month following the Conversion Date. The monthly payment amount shall be adjusted on the first (15) day of the first (1,4) month following any partial payment of the Loan to the amount necessary to amortize the then - outstanding principal balance of the Loan (after application of the prepayment, any fees, and the monthly payment of principal and interest which it accompanies) at the applicable interest rate over the remaining amortization term. Loan Disbursement: In addition to the following conditions to advance, Borrower shall meet all requirements as stated in the Construction Loan Agreement: a) Construction Funds shall be disbursed not more frequently than once (1) per month. At least ten (10) business days prior to the date of a requested advance of Construction Funds, the Borrower shall provide to the Lender the following, all of which must be satisfactory to the Lender: (i) a request for advance ("Requisition") signed by the Borrower, together with statements setting forth such details concerning the Construction Work as Lender may require; (ii) appropriate supporting documentation acceptable to the Lender; (iii) conditional lien waivers for the value of all services rendered and/or materials supplied is tendered (less the final invoice amount, which may be subject to a conditional lien waiver). Each Requisition for payment shall be accompanied by a certificate in a form satisfactory to the Lender (and if requested by the Lender, other evidence satisfactory to the Lender) certifying that all funds received through and including the previous Requisition have been applied to bills received for labor and materials originating from the Construction Work, and for other proper costs specified in the Project Budget. 9401011 SAM PC DOCS# 425109 `iy9j X .n. .y Loan I t Y _ - 1 Commitment ___:Prior to. the.final disbursement of Constructi6n Funds: (i) the Borrower h II b s a su mit to the Lender, in addition to the documents and.materials required pursuant to - ubparagraph (a) above,- a written certification of completion (the "Completion -- — ertifcation")signed by the Borrower that theC-onstruction Work has been satisfactorily completed; (ii) the Lender. (and/or Lender's' inspector, if one has been -- designated) shall physically inspect -the Property toconfirm that the Construction Work has been satisfactorily completed; (iii) the Borrower shall submit to the Lender _ aLd hd. unconditional lien waivers from allcontractr5rs an 'suppliers which have :;performed any of the Construction Work or fumishedm nnnecon _ therewith: and (I the_ Borrower shall provide t the Lender such` other certifications, documents, materials and/or information as the Lender reasonably requires to confirm,completion of the Construction Work in accordance with the approved plans and specrfications, the Project Budget and all applicable laws. C)' It is expressly understood and agreed that the Lender shall have no obligation to disburse`Construction Funds: (i) if a default exists under -any Loan Document; (ii) if an act, event or condition shall have occurred and then be existing that with notice or the lapse of time, or both, would constitute a default under any Loan Document; (iii) if the Lender is not reasonably satisfied as to the Borrower's current financial position -or determines that a material" adverse change in the Borrower's financial position has occurred; or (iv) until the Borrower has paid in full -any fees, costs and expenses then due and payable under the Loan Documents. 7. Fees: a) Origination Fee - Four Thousand Dollars ($4,000). The entire Origination Fee shall be payable upon acceptance of this Commitment. The Origination Fee is in consideration of Lender's issuance of this Commitment and shall be deemed to be earned in full on the date of Borrower's acceptance of this Commitment. If closing does not occur for any reason whatsoever, other than solely as a result of default by Lender in the performance of its obligations hereunder, Lender shall be entitled to retain the entire Origination Fee including the portion, if any, which is payable at closing. b) Documentation Fees — One Thousand Dollars ($1,000), payable at closing, and any other out-of-pocket expenses, including recording, filing and title fees and taxes, whether or not the Loan is closed. 8. Collateral: Repayment of the Loan shall be secured by, among other things, a valid first mortgage lien on certain property as identified in the legal description attached to this letter as Exhibit A, a first lien assignment of rents and leases, and a first lien perfected security interest in all tangible and intangible personal property of Borrower, including, without limitation, all furniture, fixtures, equipment, supplies, inventory, accounts, cash, contract rights, future income and receivables of Borrower, and all proceeds of all of the foregoing. Borrower shall execute and deliver such documents, instruments and materials as Lender may from time to time require to evidence or perfect its security interests in the collateral, which documents may include, without limitation, a loan and security agreement, one or more collateral assignments, a mortgage or deed of trust and an assignment of leases and rents, all of which must be satisfactory to Lender in all respects. 9401011 SAM PC DMSM 425109 ( 3 s ;r ;�, �- Loari Corximitment At Loan Closing, a;cashdebsejwjce eseLve ("Cash Reserve- equal to 3 months principal and interest payments for a Oan,;Is to be held in escrow in an account - ---designated by Lender to'be a b Ionl in the event of ashort-term cash - - -shortfall on the-part-of the '136 repayment- vve r the repayment-period of the Loan. In the event -- of such a short-term cash shortfall oer shall submit a written request ("Request") to Lender within ten (10) days of the_ o ue date of a principal and interest payment-on the Loan. The Request shall pio U. v n e of committed future revenues which, when realized shall be re aid into theFesp .S t into: the amount drawn. After eighteen ----- 18 months of successful on-time` a, d with no other financial or reporting — _,_.._ ,= r covenant defaults, the full amount-6f cash reserve will be released to the Borrower. 10. Prer)ayment: The Loan may be prepaid in whole or In artat any time without premium or penalty. 11. Financial Covenants: _ Borrower shall submit to Lender annually, �rithin 120 days of the end of the fiscal year, a statement of compliance with financial coven_ anstcertifying that each of the following financial covenants has been met: --- a) Borrower shall maintain a Debt Service Coverage-Ratio of not less than 1.10 to 1.00 in the first fiscal year of operations, ending June 30, 2004. At the commencement of the fiscal year that begins on July 1, 2004 and ends June 30, 2005, and thereafter, Borrower shall maintain a Debt Service Coverage Ratio of not less than 1.25 to 1.00. For purpose hereof, "Debt Service Coverage Ratio" means the sum of the Borrower's net income (before extraordinary gains and/or losses), depreciation expense, amortization and interest expense divided by the sum of the Borrower's Current Portion of Long Term Debt and interest expense under the Loan Borrower's ratio of current assets to current liabilities shall at all times be in excess of 1.50 to 1.00. b) The Borrower shall not, without the prior written consent of the Lender: (i) incur any indebtedness for borrowed money except for indebtedness to the Lender; (ii) enter into any commitments for money to be borrowed; or (iii) guaranty the obligations of any other person, whether direct or indirect, by agreement to purchase the indebtedness of any other person or by agreement for the furnishing of funds to any other person through the purchase or lease of goods, supplies or services (or by means of a stock purchase, capital contribution, advance or loan) for the purpose of paying or discharging the indebtedness of any other person, or otherwise. 12. Other Reguirements: jj5q'Z 9401011 SAM Pc DOCS# 425109 4 Loan Commitment a) Th Borrower shall deliver to the Lender the following: (1) on or before the forty-fifth 5 _) (4day following the close of each of the Borrower's fiscal quarters, unaudited Internally prepared -financial -statements, (including, at a minimum, a statement -of - income and -expense -with reconciliation of surplus and a balance sheet), certified -by an authorized..officer of the Borrower, in such form and setting forth such details as the Lender may#rom time to time require; (ii) on or before the one hundred twentieth (120th) day following the close of each of the Borrower's fiscal years, an annual audited.financiai'statement (including, at a minimum, a statementof income and _ .. - expense with reconciliation of surplus and a balance sheet), prepare on a -- - - consolidatgd basis, in accordance with GAAP- —-, in a form-- satisactor r to t e en er in all respects and by an independent certified accountant approved by the Lender; and (iii) promptly following any request by the Lender, such additional information, reports and statements respecting the Borrower's business operations and financial condition, the Property and the other collateral securing the Loan and/or any affiliated business and investments, as the Lender may request, in accordance with GAAP, in a form satisfactory to the Lender in all respects. b) The Borrower shall not transfer, assign, pledge, encumber or dispose of the Property, or other collateral for the Loan or any part thereof or do or permit to be done"anything to Impair the Lender's security or the value'of the Property or other collateral for the Loan. 13. Loan Closing: Loan closing must occur on or before December 31, 2003, time being of the essence. If the Loan does not close by this date, this commitment shall automatically expire without further notice, unless otherwise specified by Lender. The closing of the Loan will be at the location specified by Lender. 14. Conditions Precedent to Closing: Closing is contingent upon, among other things, satisfaction of each of the following conditions precedent: a) Borrower shall have complied with all of the terms and conditions set forth herein and in the attached Standard Terms and Conditions. b) There shall have occurred no material adverse change in the financial condition or operations of Borrower since the Borrower's audited financial statements dated June 30, 2003. C) Borrower shall provide evidence of an alternative space from which to conduct school operations in the event of delays in constructing the new facility. Evidence must be satisfactory to the Lender, and shall show proof of adequate alternative space for use as a school through the end of the academic year ending June 30, 2004. 15. Standard Terms and Conditions: The attached Standard Terms and Conditions are an integral part of this Commitment. The Standard Terms and Conditions shall not in any way minimize or diminish any of the requirements, terms or conditions herein set forth, but shall be interpreted so as to augment, supplement and complement said requirements, terms, and conditions. 9401011 SAM PC DOCSN 425109 r a Loain Commitment' MR f osed,ace he rigloa r s e you a�ceept phis iConnmitmont please;; e oigil�and the cop' e m o o 'ender, along .�ntthe O. nation Fee inn mount-specifc aecipVofyouracceptance by h — '- etarpmg to -you, one -rully-executs etter:a�i _- u�pfance of this`letter and theeg r oee are nof;received by Lender on or Y� embers; 2003, this Commitment shall auto au withoutnotice. CSB !E NIENT CORPORATION mleb s�mm -;Accegtance�� . r, d a ndersigned, intending to be legally boGnd,,hgreby Opts:the terms,of the foregoing 4 era includ ng the attached Standard Terms and ''Confftiday ofo-V. , i7*++w s 42003 . aft I _ ereby:agrees. to the `terms arid conditions thereof. y yp DELRAY-BO1(NTON EMY, INC. By. Name: c B 6 C= Title: 9401011 SAM PC DOCSA' 425109 6 n LESS,AND EXCEPT:: Pafcel_ A a ortion of the East 300 eet of Block "B", less th6 right -of way of the FEC Railway, TvIEEKS SAI D A�JDRE�NS ADDITION TO BO T ., as record min ,Plat Book 5; Page.84, PALM.BEAC1-1 i GO Ji TY� FLORIDA More particu, y . es etas follows ;Beginping afthe Noithwest'comer-' f the Eat '300.fed f Bloc_ gB", thence n of Eas_6 or a ills of rice flf ;129 0 feet to a, oirit, a 3 :- '.dergrees 09.23-.o d stance o 28 ee to a point• thence West fora distance of 122.90 feed o a Z 'P.?iiL ♦kf.•..1.x•� n- :- - --•7- - r, poin ,`thence N 1 degree'3T 00 fora° is nce:of�3:20 feet more_or less to the POINT OF BEGINNING, containing 9216 square feet more or less. AND LESS AND EXCEPT: Parcel "C", a portion -of the East 300 feet of Block "B" less the right-of-way of the FEC Railway, MEEKS AND ANDRES ADDITION TO BOYNTON, as recorded in Plat Book 5, Page 84, PALM BEACH COUNTY, FLORIDA. More particularly described as follows: commencing at the Northwest comer of the East 300 feet of Block "B"; thence with a bearing of S1 degree 37' 00" E for a distance of 73.20 feet to the point of beginning; thence East for a distance of 122.90 feet to a point; thence S 3 degrees 09'23" W for a distance of 76.89 feet to a point; thence West for a distance of 116.5 feet to a point; thence N 1 degree 37' 00" W for a distance of 76.80 feet more or less to the Point of Beginning. 9401011 SAM PC DOCS# 425109 "-Iqgq cc - 7 1 "iiFr 3 Loan Committh ent habit "A".Za .. _ x :� `t 1 ,EGAL—DESCRIPTION EM i � dot 2 Tess FEC Ra L t d s 3 4 all less South 10 Foot Road NgDt"f ay lock 1EEROBERTSAD_(O;= O� ofPalm Beach Courity,londair< and ;12 ecorded�nPatu$ook 1,.Page30_ epi , ecords:_ ' fi F NP HER-WITkI - C7,777 TEast 300`feet ofBfck Y ,less The'{ 'accord I{f, ,_ hFE.t C Railway, M`EEKSA_-.. Dhe =6-FECDRE NS �ADDITtON TO BOYNTO go a �afie"eot;ile in the Office of the'Clerk o the Circus r Court in and for Paim Beak noun_ , o x� s t5 a I 'n =nd beim a corde lat-Book•5, page. 84, public records, -said lands n LESS,AND EXCEPT:: Pafcel_ A a ortion of the East 300 eet of Block "B", less th6 right -of way of the FEC Railway, TvIEEKS SAI D A�JDRE�NS ADDITION TO BO T ., as record min ,Plat Book 5; Page.84, PALM.BEAC1-1 i GO Ji TY� FLORIDA More particu, y . es etas follows ;Beginping afthe Noithwest'comer-' f the Eat '300.fed f Bloc_ gB", thence n of Eas_6 or a ills of rice flf ;129 0 feet to a, oirit, a 3 :- '.dergrees 09.23-.o d stance o 28 ee to a point• thence West fora distance of 122.90 feed o a Z 'P.?iiL ♦kf.•..1.x•� n- :- - --•7- - r, poin ,`thence N 1 degree'3T 00 fora° is nce:of�3:20 feet more_or less to the POINT OF BEGINNING, containing 9216 square feet more or less. AND LESS AND EXCEPT: Parcel "C", a portion -of the East 300 feet of Block "B" less the right-of-way of the FEC Railway, MEEKS AND ANDRES ADDITION TO BOYNTON, as recorded in Plat Book 5, Page 84, PALM BEACH COUNTY, FLORIDA. More particularly described as follows: commencing at the Northwest comer of the East 300 feet of Block "B"; thence with a bearing of S1 degree 37' 00" E for a distance of 73.20 feet to the point of beginning; thence East for a distance of 122.90 feet to a point; thence S 3 degrees 09'23" W for a distance of 76.89 feet to a point; thence West for a distance of 116.5 feet to a point; thence N 1 degree 37' 00" W for a distance of 76.80 feet more or less to the Point of Beginning. 9401011 SAM PC DOCS# 425109 "-Iqgq cc - 7 r uuu m EO f I L o f rn I I CD I j A I cil I J 0 Memo To: CRA Board From: Susan Vielhauer Date: December 12, 2003 Re: Consideration of Fagade Grant Application for Weiss Memorial Chapel Weiss Memorial Chapel located at 202 E Boynton Beach Blvd Boynton Beach, FI., has submitted an application for the Facade Grant Program for consideration. The applicant has requesting $1,193.00. The property owners received three bids for the proposed awning listed below: Southern Awning, Inc. $2,386.60 Delray Awning $3,025.00 X -Pert Awning Company $5,800.00 The property owners are proposing an improvement to their property as an addition of a canopy to the front of the Memorial Chapel building. This canopy attaches to the front of the building and extends out 10 feet. In addition, the canopy will have Weiss Memorial Chapel embossed on each side of the canopy, enabling the recognition of the business by the public. The property owner has accepted the bid from Southern Awning, Inc. for $2,386.60. The Awning construction is 50/55 Gatorshield steel with a natural mill finish and welded at all connections. The Canopy's cover is fabricated in heavily duty vinyl limited material, which is 18 ounce 3 -ply with heal sealed seams. This material carries a 5 -year warranty. In addition, Southern Awning will place 6 inch block lettering on each side, thus creating a professional look to the front of their building. Their submittal application is complete, and qualifies for program consideration by the CRA Board. Staff is recommending the approval of a Weiss Memorial Chapel Facade Grant for $1,193.00. The Budget line item Fagade Grants has funds to accommodate the grant request. 4495 APPLICATION 3A 6 DN 0a iONNNn - ]NOMW = OONVMI = 08"m - KWd = MOT13,k _ :ON3031 3n I k. DN 0a ONNNn = 1NOMW = OONVr4 = oenno = KWd = M0113A = :ON3031 3n 2002/2003 FAQADE IMPROVEMENTS GRANT PROGRAM , APPLICATION FORM Boynton Beach Community Redevelopment Agency Maximum Grant Amount is $15,000.00 (Please Print Or Type Only- Use Additional Sheets If Necessary) APPLICANT INFROMATION Name of Property Owner: Address of Property � D � �� Owner: City/State: _0 Phone #Day: 7,?�0 d�Evening: L,' 4-20M DIDYNTON BEACH C." r 117L Zip Code: 3 k,3 - I �/_-3,S- Legal owners and legal description of the property to be improved (please attach copy of warranty deed and lease, if applicable): (Y/I�emorjc._ 2j2 .:,� l .o If Different from Property Owner Name of Business: ` nt m P Address of Business: City/State: Phone # Day: Evening: Zip Code: Type of Business: \`-�rnxeaQ Warne— Years aryeYears of Operation: UrS Number of Employees: �� Annual Payroll: P4 6 -,/2 60 Number of Employees residing in Boynton Beach: 4497 Boynton Beach Community Redevelopment Agency Fagade Grant Program Application D....e 7 ..f r. PROGRAM GUIDELINES The following guidelines are intended to inform a potential grant applicant of the extent and scope of the program. The_ purpose of the program is to encourage commercial property owners to upgrade their properties by improving the external- appearance of their business and to encourage businesses to invest in their operations. The result will halt deterioration, stabilize property values, improve and upgrade appearance of the area, and facilitate and encourage redevelopment activity in the target area. The following guidelines are applicable to this program: 1. The program is available only for property located within the Community Revitalization Areas of the Boynton Beach Community Redevelopment Agency (CRA). Note: See attached Fagade Grant Area Map. 2. The program_ is for commercial properties and businesses. The property owner must be the applicant. However, if the property is currently leased to a tenant, then the Application and Agreement must be jointly executed by both the owner and the tenant. 3. Eligible exterior improvements for this program include: • Painting. • Shutters. • Signage (located on the building or the property). • Awnings/canopies. • Doors/windows. • Landscaping around the. building. • Irrigation. • Parking lot re -paving, re -sealing, re -striping. • Exterior Lighting. • Patio or decks connected to the building. • Exterior wall repairs (e.g. stucco, brick or wood repairs and replacement). • ADA improvements. 4. All work must be in compliance with applicable Boynton Beach Building Codes and all contractors must be licensed in Boynton Beach/Palm Beach County. If the Applicant(s), installs enhanced landscaping and or signage it must be in accordance with City Ordinance No. 98-43. 5. Maximum Grant amounts: The CRA will provide, on a reimbursement basis, a dollar for dollar matching grant for eligible facade improvements up to a total of fifteen thousand dollars ($15,000.00) of CRA funds. 4498 Boynton Beach Community Redevelopment Agency Fagade Grant Program D- 'sS APPLICATION PROCESS 1. An applicant seeking a project grant may secure an application from the Boynton Beach Community Redevelopment Agency (CRA) located at 639.E. Ocean Ave., Suite 107, Boynton Beach. 561-737-3256 2. The application is to be returned to the Boynton Beach Community Redevelopment Agency for review and approval by the CRA Board. Applications will be considered on a first-come, first served basis. Applicants must take the necessary steps to insure that their submitted application is properly time stamped to document receipt by the CRA. 3. Upon approval, appropriate grant program documents will be prepared in the CRA Attorney's office and the applicant will be notified of approval by return mail. 4. The CRA will administer the commercial exterior facade program. In addition to the appropriate City inspections, the CRA will inspect, the work to determine satisfactory completion of the work. 5. Applicants may not have any outstanding City of Boynton Beach liens against their property. In the event that an Applicant has an outstanding City of Boynton Beach lien against the property, the grant will not be awarded until the complete satisfaction of the lien. 6. Applicant shall obtain, read and understand all aspects of the Fagade Grant Program Agreement, including Program and Reimbursement Regulations. 7. Application to this Program is no guarantee of funding. Funding is at the sole discretion of the CRA Board. 4499 Boynton Beach Community Redevelopment Agency Fagade Grant Program D-ne Z of SZ PROJECT INFORMATION Describe improvements to be done to the property. Attach the following items: • Project work write-up(s) describing in detail the scope of the project, • Plans or sketches if applicable, • Site plan and plant list for landscape projects, ✓ Third -party cost estimates from three (3) licensed contractors, • Estimated time line, • Evidence of financial ability to pay for the project (approved loan, cash account, line of credit, etc.), • A minimum of four (4) 3" x 5" color "before" photos of the project which must include "public views", • Signage design with colors & materials proposed if applicable, • Project color chips / material samples if applicable, • And material specifications. Applicable documents must be attached for the Application to be processed. By signing this Application, I acknowledge that I have received and read a copy of the Program Agreement, and I understand and agree to comply with its content. q/fib1 i ©3 as �� Witness (Date)roperty Owner (Date) owner's signature must be notarized) V�iness (Date) 4500 l' V 1® enant/Business Owner (Date) CRA Director Boynton Beach Community Redevelopment Agency Fagade Grant Program D-- A -f A (Date) STATE OF FLORIDA, COUNTY OF PALM BEACH BEFORE ME, an officer duly authorized by law to administer oaths and take acknowledgements, personally appeared go 1 A ,who is ersonally known tom or produced as identification, and acknowledged he/she executed the foregoing Agreement for the use and purposes mentioned in it and that the instrument is his/her act and deed. IN WITNESS OF THE FOREGOING, I have set my hand and official seal in the State and County aforesaid on this &-o day of0� , 2002. NOTARY PUBLIC COM -Mission #DD117373 • t Expires: May 29, 2007 Bonded'[ltru My Commission Expires:I Atlantic sondinaCo., Lno, 4501 Boynton Beach Community Redevelopment Agency Fagade Grant Program Dnnn A of r 2002/2003 FAQADE IMPROVEMENTS GRANT PROGRAM PROGRAM AGREEMENT Boynton Beach Community Redevelopment Agency PROGRAM REGULATIONS 1. The Applicant agrees not to alter, renovate, or demolish the new facade for three years, commencing at the time final inspection by the CRA is completed. If violated by the applicant, the CRA may choose to require grant fund repayment, enforced by property lien. 2. The CRA will consider approval of grants for exterior Amprovements to a building which does not face a recognized street. The exterior rear of a building facing an alley way will also be considered. 3. A minimum of three (3) inspections by the CRA are required. Those minimum CRA inspections are (1) before starting work, (2) during work and (3) final inspection. More inspections may be required by the CRA. It is the sole responsibility of the Applicant to schedule inspections with the CRA and City. These inspections in no way are substitutes for required City inspections and compliances. 4. The property owner, or tenant if applicable, must complete the fagade improvement project within. six (6) months of the grant award unless the project is approved as a phased project in which case the project must be completed within six (6) months of the commencement of the final phase. Failure to complete the facade improvements in a timely manner will result in the property owner, or tenant if applicable, losing the grant reimbursement opportunity. The Board may consider time extensions. REIMBURSEMENT REGULATIONS 1. This program is designed as a reimbursement grant. That is, all work must be done and paid for by the Applicant, prior to the CRA's funds being released. The CRA will provide reimbursement to the grantee upon submittal of a complete Reimbursement Request and approval of completion by the CRA Board. 2. Reimbursement Request shall be summarized in a report and accompanied by proper documentation. Proper documentation will consist of (1) Project 4502 Boynton Beach Community Redevelopment Agency Fagade Grant Program Agreement Page 1 of 2 accounting including invoices, receipts or other acceptable evidence of payment from suppliers and licensed contractor(s) that have been marked "paid" with a "release of lien" signed by each. Proposals for "work to be completed" or "bids" are not considered proper documentation. Each item will be supported by a canceled check showing the face of the check, as well as the back of the canceled check, (2) the Applicant shall warrant that all bills related to the Project are paid in full including, but not limited to, all contractors, subcontracts, labor, materials, related fees and permits, and (3) the Application for re -imbursement shall provide a minimum of four 3"x5" color "during" photos and a minimum of four Wx5" color "after" photos of the Project. Photos should be from approximately the same position as the "before" photos submitted in the Application and the "during" photos. 3. The Reimbursement Request from the Applicant shall be submitted no later than the 15th of the month for consideration by the CRA Board at its next month's meeting. Reimbursement shall be issued ten (10).days after approval. 4. Grant funds will be reimbursed exclusively for eligible work and approved change -orders that have been approved by the CRA. 5. Grantees shall grant the CRA and/or the City of Boynton Beach the rights and use of photos and project application materials. 164, Witnes(Date) Property Owner (Date) r t Witness (Date Tenant/Busin.ess Owner (Date) CRA Director (Date) 4503 Boynton Beach Community Redevelopment Agency Fagade Grant Program Agreement P7r+n 0 of 7 WARRANTY DEED AND LEGAL DESCRIPTION 4504 3= 13183 prm oul J Dorothy K Wiiken, CIO+ F.�b!! 11 1 Dusert tloa Alred I A) Jilt Welt $911ut ofLots 7, �, 0, and I0,13100 3, ORIGINAL TpWA Ot 80YN1ti11� liL'ACN, FLORIDA, acmrdjlComfy. to 11wRL Plot tr&d in pf Ilk in U)v Office vl'dw Clerk of the Ckcult Cov t in turd for rstrn 1tetclt Cbuaty, p)arx{o, recunkd Gt Plat Buuk !. Dvr< of Wt 10, S1oGJt 3.9%vOwIng to ilto Plat lbcriuf ot,11 a Zn U 011im of Uu 3, has dw Cluk of the CI��.;wt in aadlbt Palm LJcoch County, Fla)tla In` , 1, TownLhlacluded In the CXUZ'nl AM Wned by o 20 04 Sof minus ercJp v hi �c 43 809 And pall which It Lot 10 and tattgetn to tlx Nonh lim ortakl Lit 10 which i� ton�ent lathe West Lu>c ifsald D) A Strlp of Land Twenty (10) Yen9 w14, lytttg itnnr.dttuc (27) Pm of Lot 9, Block 3, 0'I0JNAL 1X)WN Som of Lut JO and tlw weft 1lvurgy.scy�� thoreofoo file fn tha 0f11io oftlte Cicrk ofthr Catult (win. y� �'URiDA, icrirdlutt to qty l'!ar neiNcd In Pbt Book 1, Pugc 23, tho Nitta Jute or3otd Tivinly (20) too rttrip b gj t�°`�nty. F►orlda, Cottxr arsoid lot lo unJ rttnnlny Eget ntoeyl ilk yvutll Ileo ofsaki Lw JO and Lir D, fbr a tfiritlurl it littltty.ntne (Y9) flet mrd Were tun»fnulrty on a line Um Joitltuest 5lreot, puraJai KIw the Cass rluht-W-way Ip)e ut'Nvttbcasl I" .er 4506 THIS INSTRUMENT PREPARED BY AND RETURN TO: LAURETTE M. LACHANCE PALM TITLE SERVICES, INC. 165 E. PALMETTO PARK ROAD BOCA RATON, FLORIDA 33432 Property Appraisers Parcel Identification (Folio) Numbers: 08-43-45-28-03-003-0091 Grantee SS p: SPACE ABOVE THIS LINE FOR RECORDING 12/12/2001 15:46:29 20010553205 OR BK"13185 PIS 0540 Palm beach County, Florida AMT 446,700.00 Doc Stamp 3,126.90 THIS WARRANTY DEED, made the 5th day of December, A.D. 2001 by HEAVENS USA, INC., A FLORIDA CORPORATION, herein called the grantor, to GLORIA WEISS REALTY, LLC whose post office address Is 202 E. BOYNTON BEACH BLVD., BOYNTON BEACH, FLORIDA 33481, hereinafter called the Grantee: (When-ar used herein the tenon 'grantoe and •grantee' Include. all Via parties to this Instrument and the halts, legal representatives and assigns of inbviduefs. and the suxassore and asslyts d corpondons) W I T N E S t E T H: That the grantor, for and In consideration of the sum of TEN AND 00J100'S ($10.00) Dollars and other valuable considerations, receipt whereof is hereby acknowledged, hereby grants, bargains, sells, allens, remises, releases, conveys and confirms unto the grantee all that certain land situate In PALM BEACH County, State of Florida, viz: SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF Subject to easements, restrictions and reservations of record and to taxes for the year 2002 and thereafter. TOGETHER, with all the tenements, hereditaments and appurtenances thereto belonging or In anywise appertaining. TO HAVE AND TO HOLD, the same in tee simple forever. AND, the grantor hereby covenants with said grantee that the grantor Is lawfully seized of said land in fee simple; that the grantor has good right and lawful authority to sell and convey said land, and hereby fully warrants the thle to said land and will defend the same against the lawful claims of alf persons whomsoever, and that said land is free of all encumbrances, except taxes accruing subsequent to December 31, 2001. I N WITNESS WHEREOF, the said grantor has signed and sealed these presents the day and year first above written. Signed, sealed and delivered in the presence of: Witnes1 Ipna n tur Y rvtCtr Witness ft Printed Name Witnessx2 Signature LAURETTEM. I ACHAUCE Witness M2 Printed Name STATE OF FLORIDA COUNTY OF PALM BEACH HEAVENS YAA, INC., A FLORIDA Co TI BY 0.J 0 c�. L.S. AVID I. RUSTINE, PRESIDENT 202 E. BOYNTON BEACH BLVD., BOYNTON BEACH, FLORIDA 3348 The foregoing instrument was acknowledged before me this 5th day of December, 2001 by DAVID I. RUSTINE• PRESIDENT of HEAVENS USA, INC., A FLORIDA CORPORATION on behalf of the corporation. He/she is personally known to me or 'rias produced Identification. SEAL tAURETTE M. LADW CE ? MY COMMISSION 100 961873 :X= EXPIRES: September 24, 2004 My Commission Expires: ,y ya✓• Bonded nWuauy►aktrwwa.n F,le d ot-5:z 4505 'TA$)gp tgr@ E M. LACHANCE Printed Notary Signature /d PROJECT WORK WRITE UP 4507 PLANS AND / OR SKETCHES 4509 eiss Memorial Chapel 12/4/03 ARbrdable Funerals BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY 639'E. Ocean.Ave. #107 Boynton Beach Fl 33435 Att: Douglas Hutchinson Request for Facade Grant: We are requesting One Thousand One Hundred and Ninty Three Dollars ($1,193.00). This is for the addition of a canapy to our Funeral Home. This will be put in front of our building and attached above the front door. It will extend out 10 feet,. and have the name of the chapel on both sides, enableing the public to see who and where we are from either side. Southern awning Inc. will be doing this. Many people pass our building by, and we are called frequently that they could not find us. This will improve the looks of the property as well as serve a functional purpose. I hope that you will grant.our request. The total cost is 2386.00 Thank you. GLORIA WEISS, PRES. 4508 202 E. Boynton Beach Boulevard • Boynton Beach, Florida 33435 (561) 737-0001 14800-588-7118 Fax (561) 737-0550 www.weissmemorial.com 07/25/2003 16:10 -loll" - {AAE', No '.RQ.C1 / lop riut• -,Q 10 P,rE wi rN Q ntirr woo To YiPC W/1/t' wE3.D; r.13•�Eq TO WALL tit T�1 � �k• � 3.. W 5617211580 SOUTHERN AWNING. INC Southern Awning, Inc. 313 So. "H" Street Lake Worth, Florida 33460 (561) 586-0464 W e (s s {V'1... C 1 �&L L. 207- FR,CV fry) FAC.".1 F'M / r )G I I 3'S `• •• � GENERAL NOTES• It / 1 All pipe Shall be Gatorshleld 5065. 2 All other material Shall be A36 steel (U.O.N j 3 All welds shall comply with A.W.S. code (latest edition) Coverall 5 welds with corrosion resistant coating 5 All structures designed in accordance with the wind load provisions of the. Florida Building Code (2001) Awning covers shall be removed in peoods of high winds: spectfiCeity winds In MOSS of 75 m p•h (90 m p h - 3 second gust) Frames without fabric will sustain 150 m.p.h. winds (3 second gust). All connections shall be fully welded (U.O.N.). A11 frames have been designed using rallonal analysis PAGE 02 6 7 4511 6. s. 11/10/2223 13:35 5617211580 SOUTHERtd AWNPIG, ItJC PAGE 02 Proposal Southern SOUTHERN AWNING, INC. Awning, Inc. 313 So. "H" Street Lake Worth, FL 33460 49Phone (561) 386-046.4. • Fax (361) 721-1580 www.SouthernAwning.com PROPOSAL SUGMITTED TO � PHONE Jac'.c j�: DATE Weiss N 737-0001 11-10^03 BTHEET Joe r vAr: CTC STATE AND Z1P CODE JOB LOCATION _So nton BEach FL 33435 Front Door ARCHITECT DXT6 of PLANS APPROX. fNSTAI.I.ATION CATF. JOB PHONE Fax 737-0550 4-6 irks a.ter rertn t r.v..ee PA .14 6'I Belo Choice Nel1��� 115 COLOR r AN U Q VALCE SCALLOP . 12'1 TB 1'I Track l TRUSS RAFTERS STANDARDS NGAD JTHRIZ=AO Match APPLIOUE nPPtrxJE BINDING COLOR ABR. DOLOR PAINT 1 II :OLOR PROJCCTi0NB ROPE OOLOk Fla E Yes ,Mat c .We propose to fabriCate.and install one.(1) half round vinyl over steel frame fabric. awning approx. 10' Long with a 315" rise and 12" double side bars. Frames to be constructed of 50/55 Gatorshield. steel. All connections to be fully welded. Frame 1 o have natural mill finish. Covers to be fabricated of 1B oz., 3 -ply, heavy duty vinyl laminate: material. All seams to be heat sealed where applica?a'e. Material carries a 5 year warranty. Contract price .includes permit and .ehgineerint fees. a,dcL WeiSS Memorial Chapel in 6" it wi4ic lettering, each side, included, -Paint Frame to match covet col.cr� included. NOTE: The awning /s a fabric cover overs steel frame. Although ev&rl effort will Dq made to eliminate wrinkles it /s vMually impossible to have an awning wrinkle -free. We Propose HEREBY TO FURNISH MATERIAL AND LABOR AS DESCRIBED A901VE. 0' Frames a Covers PRICE 50% Doposit $1.19 3 . 3 0 n TAX 259E due upon trams complCtlott Cove rias upon cover inataHatlon PE91vrIT Cover only 605: Drry»,k, i,-,•. TOTAL Won 50% due on cover Installation AUTHONZED •31GNA"URE DcPOSIT O7sN?: 3outhem Awnln nc rrw u l `fin, C a 1 t r i d e r 9 ° Y thdraw this pro sal it not accepi0,;l wonlo 30 days. BAL. OUE ACC2ptNatr� '�a PrOpt7sal --The abov© pricer,, SpeCit(Catkins and cotldtUonN: ori the reverse side hereof are 9titisfactory and are SIGNATURE hereby / G accepted: You are authorized to d th 2,110.00 $126.60 $150.00_ $2,386.60 /(/��� PNiymel,t will be made as o rllneq above, o a work spec�ried. DA7F bF ACCEPTANCE �/ / 6 e,3 PLEASE RETURN SIr;NED ORIOINAL UPON ACOEPTANoe 45.10 THREE WRITTEN ESTIMATES 4512 07/23112003 15:54 5612781584 DELRAY AWNING PACE 01 Same Family Ownership Since 1959 80 NORTH CONGRESS DELRAY BEACH, FL 33446 (561)2765381 (800) 827-7957 FACSIMILE TRANSMITTAL SHEET DATE TO: Jack Weiss k,VY: Weiss Memorial Chapel FRO Jay Post RB:_ Awnin q JR OF PAGES (INCLUDING COVER SHEET) SPECI INSTRUCTIONS/NOTES: ORIG AL IN MAIL? FAX ��� �} 737-0550 OUR F kX NUMBER: (561) 278-1584 4513 07/23/2003 15:54 m' ro C IO It o ro rt 5612781584 b N p n m O M m w w ti G tD tm t A A v` �MM v� H- It fD rt� I r p Q 0 w n a » LAt n N p n m O A P, M m w w ti rt tD tm t A A �MM O It rt� m p Q N 0 rr+ V fl. T m A N G. O �-' rt n to I tp w ° 0 �. p tAa rt ~ f�D C3 K � W eAfIca a s '-4 N p m F4 R a i3 O co w� r�va rt Fes+ O o n rn r+ ►- m A t6 v. r a.o w�+w + f1 p rr C rn rS i+ µ h r' o m µa=' tD rt ;A o DELRAY AWNING _..__PAGE 02 ^� _ 4514 14 CA � W fD ti rt h N Q' �MM O rt� m o Q O aM od 4514 Iii I?1 p CA � W fD ti rt h N Q' �MM O rt� m o Q O aM od I c: tD N tAa rt C63 N to m A try rt b 1--4 rn H n � tD rt o a O M p, 0 ro rr tD p I ro F� Ip rt M q r- 00 MA Cl m Iii I?1 ti o Q O Iii I?1 07/23/2003 15:54 5612781584 DELRAY AWNING DELRAY AWNING, INC. 74 . AWNINf3S • CANOPIES • DECORATIVE VALENCES .DELRAY BEACH, FL 334" PitQNE 276-631!1 PAGE 03 4515 _. 6 1 �g,e Broward (954) 757-7512 Lic. #CC#02.10454-AE-X Fax (954) 757-5715 Date Phone IV pWN�Ma q2L "We've Got You Covered." 1500 W. Copans Road • Build. F Bay 7-10 • Pompano Beach, FL 33064 Name Street_ v City/State/Zip Palm Beach (561) 494-2727 #U-19373 1 Martin County, Lic. #SP -03258 Job Name u3a Street City/State/Zip K 4k/Airy e MATERIAL N col.oR FRAME FRAME COLOR 2 r FRAME WARRANTY: All Substructive Schedule silver enamel. Frame to be free of defects and C- I Steel. Welds arjb connections zinc primed and finish painted for 1 year from date of installation. COVER WARRANTY: Fabric cover material carries Manufacturer's 5 Year Pro -rated Warranty against rot, and excessive fading. TERMS Price does not include permit or engineering drawing: 4516 A deposit of 50% required on all jobs. Balance due upon completion of job. — IACCEPTANCE OF ABOVE CONTRACT 7 The above contract, schedule and terms are satisfactory and same are herebv arranrwi Amari --i ., PRICE SALES TAX PERMITLj�� TOTAL 50% DEPOSIT 11/24/2003 10:16 5617211580 SOUTHERN AWNING, INC I W. IiAAA Retractab)es Umbrellas Inc. names Covers Repairs Industrial Residential — Commercial 313 So. "H" Street Fax (561) 721-1560 Lake Worth, Florida 33460- www.southemowning.com Phone (561) SN -0464 CustdmeT s Order No. OQ� % Name j AGe, W_� 1.1� Address Z 0 Z �. �_ iL» TOY! Date 20 SOLA 15Y CASH C 0. CHARMON ACCT. ItE! D pOL�T 5z QUAN. DESCRIPTION PRICE AMOUNT "L3 g 6. o0 003 9Q a ga TAX A Ai� �nS�p TOTAL + t 9 Ail claims and returned goods MUST be accompanied by this bill_ All materials remain the property of Southern Awning until payment Is paid in full. MCA C�ou Rec'dBy Zif— 4517 PAGE 01 COLOR PHOTOGRAPHS 4518 ,-\S\9 Memo: To: CRA Board From: Douglas Hutchinson, CRA Executive Director Re: CBD Massing Model Date: December 24, 2003 There have been several conversations with Board members about the possible need fora model of the Downtown Area (CBD). The model would start to give perspective to the new projects coming into the area. Each new project would be asked to add their project to the base model. The model will show relationships of Buildings, Streetscapes, Public Areas, Pedestrians and Autos. This will aid in new project compatibility and depict the project's impact on the area. The project is expected to range in the $184000 to $36,000 level. The funds would come from Miscellaneous Projects line item which has a current balance of $48,000.00. A proposed RFP with specific model scope, criteria and details are attached for review if the Board wishes to pursue this project. 4525 t Boynton Beach DRAFr Community Redevelopment Agency (CRA) RFP FOR Central Business District Massing Model SERVICES CRA RFP No. 2003-2 Central Business District Massing Model Services REQUEST FOR PROPOSAL ISSUING ENTITY: BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY CONTACT PERSON: DOUGLAS HUTCHINSON TELEPHONE #: (561) 737-3256 FAX #: (561) 737-3258 RFP ISSUE DATE: January 13'', 2004 ADDRESS FOR SUBMITTAL: Boynton Beach CRA 639 E. Ocean Ave. Suite 107 Boynton Beach, Florida 33435 RFP SUBMISSION DATE: February 23rd. 2004 Eastern Standard Time at 2.30 PM All RFP's will receive a date stamp to provide conclusive proof of the timeliness of filing. All RFP's received after the assigned date and time will not be considered. The RFP's received on time will be opened publicly and read aloud. The CRA will in no way be responsible for delays caused by the United States Mail or any other delivery service caused by any other occurrence. 4526 1E SPECIFICATIONS FOR RFP FOR CENTRAL BUSINESS DISTRICT MASSING MODEL SERVICES PART 1 - INTRODUCTION 1-1 WORK OBJECTIVE Boynton Beach Community Redevelopment Agency, hereinafter known as the "CRA", is seeking qualifications from a Firm interested in providing a Central Business District Massing Model, hereinafter known as the "PROPOSER. The PROPOSER will provide a proposal for a Central Business District Massing Model PART II - SCOPE OF SERVICES 2-1 SCOPE OF WORK TO BE PERFORMED THE PROPOSER shall perform the following services for the CRA when authorized. 1. Scale Model a. One 1 "=50' scale mass model of the Central Business District and options to extend to the Ocean Ave Redevelopment in Boynton Beach (See Map). b. Must be able to change as new projects are added. c. Must provide model on sturdy base for transportation to various points in the City and for stand alone display at CRA offices (submit design concept). 2. New Proiects to be incorporated are: a. The Boynton Beach Boulevard Extension, Riverwalk, Promenade and adjoining boardwalks; The Marina Village, and The Arches of Boynton Beach. b. All new structures will be built in mass form and painted different colors to distinguish the new from the existing. c. Landscaping shall be added around new construction, along with some of the existing landscaping. d. All existing structures shall be built in a generic block form, showing mass only, and painted only one color. 3. Price and Completion Time a. Provide a price for the Central Business District Mass Modeling with an option to extend to the Ocean Ave/Boynton Beach Boulevard Corridor to Seacrest (See Map 2). b. Provide additional pricing to add projects to the original model. c. Provide a completion time line for the project. THE CRA shall perform the following services for the PROPOSER when authorized. a. The CRA will provide in electronic format the most current aerial photos of 300 dpi Resolution. 4527 Page 2 of 23 PART III - DESCRIPTION OF THE COMMUNITY REDEVELOPMENT AGENCY 3-1 NAME AND TELEPHONE NUMBER OF CONTACT PERSONS THE PROPOSER's principal contact with the CRA will be CRA Executive Director (561) 737-3256. There will be no independent communications between THE PROPOSER and individual members of the CRA Board. 3-2 BACKGROUND INFORMATION The CRA serves an area of approximately 6 square miles. The CRA was created under Florida Statutes 163.356 in 1982 and has operated as a unit of a local government within the boundaries of the CRA in Boynton Beach. On October 1, 2002 the CRA was given independent status by the City and is controlled by a CRA Board. PART IV - PROPOSAL REQUIREMENTS 4-1 SUBMISSION OF PROPOSAL The PROPOSER must submit the following to be considered for this RFP: An original (so marked) and ten copies of the RFP are to be included. 1. Title Page- Title page showing the RFP's subject, the firm's name, addresses and telephone number, the contact's name and phone number, and the date of the RFP. 2. Table of Contents- The table of contents of the RFP should include a clear and complete identification of the materials submitted by section and page number. 3. Transmittal Letter- A signed letter of transmittal briefly stating that The PROPOSER has an understanding of the work to be done, the commitment to perform the work in a timely manner, a statement why The PROPOSER believes itself to be best qualified to perform the engagement, and a statement that the RFP is a firm and irrevocable offer for ninety (90) days. 4. Technical Qualifications -The detailed RFP should follow the order set forth in Section 4-2 of this RFP. 4528 Page 3 of 23 5. Proposed Contract — Contract addressing the requirements of this RFP. Proposals must be submitted in a sealed envelope clearly marked with the name of The PROPOSER and CRA RFP No. 2003-2 Central Business District Massing Model Services. 4-2 TECHNICAL QUALIFICATIONS 1. General Requirements - The purpose of the Technical Qualifications is _to demonstrate the qualifications, competence, and capacity of The PROPOSER seeking to undertake the Central Business District Massing Model needs of the CRA. The Technical Qualifications shall state The PROPOSER and the staff to be assigned to this engagement. The RFP should provide a straightforward concise description of The PROPOSER's capabilities to satisfy the requirements of the Scope of Work. While additional data may be presented, the following subjects listed below must be included and they represent the criteria against which each RFP will be evaluated. 2. Independence - The PROPOSER should provide an affirmative statement that it is independent of the CRA and the CRA Board. The P ROPOSER s hall a Iso d escribe a ny p rofessional relationships with a ny C RA Staff or CRA Board Members for the past five (5) years, together with a statement explaining why such relationships do not constitute a conflict of interest relative to performing the Central Business District Massing Model. In addition, The PROPOSER shall give the CRA written notice of any such professional relationships entered into during the period of this agreement. 3. License to Practice in Florida- An affirmative statement should be included that The PROPOSER and all assigned key professional staff are properly licensed to practice in Florida. 4. Firm Qualifications and Experience -The PROPOSER shall state the size of the firm, the location of the office from which the work on this project is to be performed, and the number and nature of the professional staff to be employed in this project. The PROPOSER shall provide information on the circumstances and status of any disciplinary action taken or pending against The PROPOSER or its staff during the past three (3) years with state regulatory bodies or professional organizations. The PROPOSER shall also describe any litigation or proceeding whereby, during the past two years, a court or any administrative agency has ruled against The PROPOSER . and or any staff member in any manner related to its professional activities. Similar information shall be provided for any current pending litigation. 5. Additional Information to be provided 4529 The PROPOSER shall indicate how the quality of staff over the term of the project will be assured. Page 4 of 23 The PROPOSER shall indicate the in-house capabilities to provide technical support and consulting on this project. The PROPOSER shall indicate its experience in dealing with scale model services and provide a list of former projects as well as present projects. The PROPOSER shall proved a list of at least five references (name, address and telephone number) that the CRA may contract. 6. Financial Information — The PROPOSER shall provide full disclosure of its financial position which will include (a) the most recent annual report; (b) 10-k and 10-Q if filed or the most recent audited financial statements for the past three fiscal years; (c) copies of the last quarterly financial report; (d) a statement regarding any material change in the mode of conducting business; bankruptcy proceeding and mergers or acquisitions for the past three years. 7. RFP Copies - The PROPOSER shall submit an original (clearly marked) and Ten (10) photocopies of the RFP to the CRA 639 E. Ocean" -Ave. Suite 107 Boynton Beach, Florida 33435. PART V - EVALUATION OF RFP 5-1 EVALUATION METHOD AND CRITERIA Qualifications will be evaluated in accordance with the weighted criteria listed below: 1. Completion time line for Central Business District Massing Model. 30 points. 2. Price to build the Central Business District Massing Model. 35 points. 3. Qualifications and experience of the specified individuals who will perform and oversee the work. Names, titles, and experience shall be detailed in the RFP. 15 points. 4. In-house capabilities to provide technical support and consulting as well as modeling abilities. 15 points 5. Response from references of the PROPOSER. 5 points 5-2 PROCUREMENT SCHEDULE After submission of- the RFP's, the Evaluation Selection Committee shall review each RFP and rank them based on the Evaluation Method and Criteria noted within this RFP and the Procurement Manual of the CRA. Some RFP's may be selected for oral presentation in front of the Evaluation Selection Committee prior to a recommendation being presented to the CRA Board. The Evaluation Selection Committee shall rank the RFPs to be presented to the CRA Board for final ranking and selection, which may include an oral presentation or interview. 5-3 THE FINAL SELECTION — RFP's 4530 Based on the Evaluation Selection Committee's review and possible oral presentation to the Evaluation Selection Committee, the CRA Board, or both, the CRA Board will rank Page 5 of 23 the RFP's and authorize a contract with The PROPOSER ranked the highest. The CRA Board will select The PROPOSER that meets the best interests of the CRA. The CRA Board shall be the sole judge of its own best interests, the RFPs, and the resulting contract agreement. The CRA Board decisions will be final. The PROPOSER will be selected in a timely manner. Following notification of the firm selected, the CRA will expect a contract to be executed by the parties within thirty (30) days. 4531 Page 6 of 23 PART VI - GENERAL CONDITIONS FOR FIRMS 6-1 FAMILIARITY WITH LAWS The PROPOSER is assumed to be familiar with all Federal, State and Local laws, Ordinances, Rules and Regulations that in any manner affect Massing Model Services. The PROPOSER will in no way be relieved from responsibility due to ignorance of any or all Federal, State and Local laws, Ordinances, Rules and Regulations. 6-2 EXECUTION OF RFP RFP's must contain a manual signature of an authorized representative of the PROPOSER. 6-3 RFP OPENING RFP's shall be opened in public on the date as specified in the RFP. It is The PROPOSER's responsibility to assure that the RFP is delivered at the proper time and place. The CRA will in no way be responsible for delays caused by the United States Mail or any other delivery service or by any other occurrence. RFP's, which for any reason are not so delivered, will not be considered. RFP's by telegram or telephone will not be accepted.. 6-4 RIGHT TO REJECT RFP The CRA reserves the right to reject any or all RFP's and to waive technical errors, or to accept any RFP's that are in part deemed as the best responsible PROPOSER and the most advantageous to the CRA. 6-5 EVALUATION FACTORS The CRA expressly reserves the right to: • Waive any defect, irregularity or informality in any RFP or RFP procedure; • Reject or cancel any or all RFP's; • Reissue the RFP Invitation; • Extend the RFP opening time and date; • Procure any item by other means; • Increase or decrease the quantity specified in the RFP Invitation unless The PROPOSER specifies otherwise. 6-7 STANDARDS Factors to be considered in determining whether The PROPOSER is responsible: • Availability of appropriate resources and expertise as indicated by The PROPOSERS to meet all contractual requirements; • A satisfactory record of performance; • A satisfactory record of integrity; 4532 • Qualified legally to Contract within the City of Boynton Beach and with the CRA; Page 7 of 23 • Supplied all necessary information in connection with the inquiry concerning responsibility. 6-8 INFORMATION AND DESCRIPTIVE LITERATURE . The PROPOSER must furnish all information requested in the RFP. Further, as may be specified elsewhere, each PROPOSER must submit for evaluation descriptive literature and technical specifications covering the services offered. 6-9 INTERPRETATIONS Any questions concerning conditions or specifications should be directed in writing to the CRA Office no later than five (5) days prior to the RFP opening. 6-10 CONFLICTS OF INTEREST The award hereunder is subject to any and all conflicts of interest that exist or may arise with the CRA Board, its employees or agents. 6-11 ADDENDA (S) From time to time, the CRA may issue an addendum to change the intent or to clarify the meaning of the RFP. Since all addenda(s) are available to The PROPOSER at the CRA Office, it is the PROPOSER's responsibility to check with the CRA office and immediately secure all addenda(s) before submitting an RFP. 6-12 ESCALATOR CLAUSE Any RFP, which is submitted subject to an escalator clause, will be rejected. 6-13 EXCEPTIONS Exceptions to any portion of this RFP shall be concisely noted in the RFP on a separate sheet marked "EXCEPTIONS TO RFP" and this sheet shall be attached to the RFP. 6-14 DISPUTES In case of any doubt or difference of opinion as to the items to be furnished hereunder, the decision of the CRA Board shall be final and binding on both parties. 6-15 GOVERNMENTAL RESTRICTIONS In the event any governmental restrictions may be imposed, which would necessitate alteration of performance of the service offered on this RFP, it shall be the responsibility of the successful PROPOSER to notify the CRA at once, indicating in a letter the specific regulation, which required an alteration. The CRA reserves the right to accept any such alterations, including any price adjustments occasioned thereby, or to cancel the contract at no expense to the CRA. 4533 Page 8 of 23 6-16 LEGAL REQUIREMENTS Federal, State, County, and Local Laws, Ordinances, Rules, and Regulations that in any manner affect the items covered herein apply. Lack of knowledge by The PROPOSER will in no way be a cause for relief from responsibility. 6-17 ON PUBLIC ENTITY CRIMES All RFP Invitations as defined by Section 287.012(11), Florida Statutes, requests for RFP's as defined by Section 287.012(16), Florida Statutes, and any contract document described by Section 287.058, Florida Statutes, shall contain a statement informing persons of the provisions of paragraph (2)(a) of Section 287.133, Florida Statutes, which reads as follows: "A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not submit an RFP on a contract or provide any goods or services to a public entity, may not submit an RFP on a contract with a public entity for the construction or repair of a public building or public work, may not submit RFP's on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list." 6-18 ADVERTISING In submitting an RFP, The PROPOSER agrees not to use the results therefrom as a part of any commercial advertising. Violation of this stipulation may be subject to action covered under "NONCONFORMANCE TO CONTRACT CONDITIONS." 6-19 ASSIGNMENT Any Purchase Order, contract, and/or invoice issued pursuant to this RFP invitation and the monies, which may be come due hereunder, are not assignable except with the prior written approval of the CRA. 6-20 LIABILITY The PROPOSER shall hold and save the CRA, its Board, its agents, its volunteers and its employees harmless from liability of any kind in the performance of any resulting contract. CEO or Principal Agent of Corporation (Print) CEO or Principal Agent of Corporation Date 4534 Page 9 of 23 Witness (Print) Witness Date 4535 Page 10 of 23 ATTACHMENT 1 THE PROPOSER ACKNOWLEDGEMENT Submit RFP's To: Boynton Beach Community Redevelopment Agency (CRA) 639 E. Ocean Ave., Suite 107 Boynton Beach, FL 33435 Douglas Hutchinson, CRA Executive Director RFP Title: CRA RFP No 2003-1 FOR CENTRAL BUSINESS DISTRICT MASSING MODEL RFP to Be Received By: February 23rd, 2004 Eastern Standard Time No Later Than 2:30 P.M. RFP Date and Time Received (CRA Use Only) RFP's will be opened in the CRA Office unless specified otherwise. Deadline for receiving this RFP is January1, 2004 no later than 2:30 P.M. and may not be withdrawn for ninety (90) days after such date and time. All awards made as a result of this RFP shall conform to applicable policies of the CRA and the requirement of state. law. .Name of Proposer: Business Name & Form: Mailing Address: Physical Address: City/ State/ Zip: Area Code: Telephone Number: Area Code: Fax Number: E -Mail: Authorized Signature Name Typed 4536 Page 11 of 23 THIS PAGE TO BE SUBMITTED ALONG WITH RFP IN ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE ATTACHMENT 2 City of Boynton Beach Community Redevelopment Agency (CRA) CONTRACT FOR CENTRAL BUSINESS DISTRICT MASSING MODEL SERVICES THIS IS AN AGREEMENT, entered into this day of , between the CRA of The Boynton Beach Community Redevelopment Agency, hereinafter referred to as "CRA", and , a Professional Business, authorized to do business in the State of Florida, hereinafter referred to as the "PROPOSER." 1. SCOPE OF SERVICES: A. Scale Model d. One 1"=50' scale mass model of the Central Business District and options to extend to the Ocean Ave Redevelopment in Boynton Beach (See Map). e. Must be able to change as new projects are added. f. Must provide model on sturdy base for transportation to various points in the City delivered to the CRA Offices. B. New Projects to be incorporated are; a. The Boynton Beach Boulevard Extension, Riverwalk, Promenade and adjoining boardwalks, The Marina Village, and The Arches of Boynton Beach. b. All new structures will be built in mass form and painted different colors to distinguish the new from the existing. c. Landscaping shall be added around new construction, along with some of the existing landscaping. d. All existing structures shall be built in a generic block form, showing mass only, and painted only one color.. C.. Price and Completion Time a. Provide a price for the Central Business District Mass Modeling with an option to extend to the Ocean Ave/Boynton Beach Boulevard Corridor to Seacrest (See Map 2). b. Provide additional pricing to add projects to the original model. c. Provide a completion time line for the project. 2. TERM: The term of the agreement shall commence no more than Thirty (30) days from the signing of the contract. 3. TIMING OF THE WORK: PROPOSER shall use reasonable efforts, subject to laws, regulations, and professional standards applicable to complete the services required in accordance with date of this contract. 4537 CRA understands that the proper and timely completion of PROPOSER's services hereunder require the reasonable cooperation of CRA and their agents. CRA agrees to provide all such reasonable cooperation requested by the PROPOSER. Page 12 of 23 THIS PAGE TO BE SUBMITTED ALONG WITH RFP IN ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE • PROPOSER agrees to be responsible for the performance of the employees of the CRA. 4. COMPENSATION: • Compensation for the mass modeling services, as defined in Section 1, shall be dollars ($ ). • PROPOSER will invoice the CRA for mass modeling services as work progresses and will be payable on presentation as follows: 10% initial down payment 50% following completion of substantial amount of field work 40% upon Delivery of final model It is expressly understood that any incidental or out-of-pocket costs incurred by The PROPOSER are covered by the total compensation and are not to be billed separately. • Fee schedule for mass modeling and additional services (Exhibit A) Invoices received from The PROPOSER pursuant to this agreement will be reviewed and approved by the Controller, indicating that services have been rendered in conformity with the agreement. 5. CHANGES IN SERVICES: The CRA and the PROPOSER recognize that the scope of services and compensation under this agreement are predicated upon current laws, regulations, and professional standards relating t o s uch s ervices. T he C RA and t he P ROPOSER further r ecognize that the scope of services and compensation under this agreement are predicated upon expectations of reasonable cooperation with the PROPOSER by CRA pursuant to this agreement, and the absence of any irregularities or extraordinary circumstances, which might necessitate the extension of mass modeling services beyond the normal scope of services. Should irregularities increase in the level of services required under applicable law, regulations or professional standards, or other unforeseen conditions be encountered which might necessitate the extension of mass modeling work beyond the scope of normal procedures, the PROPOSER agrees to advise the CRA promptly in writing of the circumstances. In addition, the PROPOSER shall request an equitable adjustment in the maximum fee before significant additional time is incurred by the PROPOSER. Any such requests for adjustments shall be in writing and shall contain a detailed explanation of why the adjustments are necessary. The CRA and the PROPOSER agree to negotiate in good faith to determine an equitable adjustment in the maximum fee. Should the CRA and the PROPOSER be unable to agree upon an equitable adjustment within 14 days of the PROPOSER's written request, or such other time as agreed upon in writing by the CRA and the PROPOSER, either party may, notwithstanding any other provision in the agreement, terminate this agreement upon seven (7) days notice to the other parry. The CRA shall be liable for time charges actually incurred by the PROPOSER except for any such additional time, which has been included because of the circumstances necessitating adjustment. 4538 Page 13 of 23 THIS PAGE TO BE SUBMITTED ALONG WITH RFP IN ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE The PROPOSER rate to be used to determine a price adjustment increase will be based on the agreed average hourly rate of dollars ($ ) for mass modeling services. 6. ADDITIONAL SERVICES: In the event that the CRA and the PROPOSER mutually agree that the PROPOSER will provide additional services, the terms and total fees are negotiated separately for each proposed project. 7. TRUTH -IN -NEGOTIATION CERTIFICATE: Signature of this agreement by the PROPOSER shall act as the execution of truth -in - negotiation certificate certifying that the estimated time charges and expense used to determine the compensation provided for in this agreement are accurate, complete, and current as of the date of this agreement. 8. FIELD WORK: The PROPOSER shall use reasonable efforts, subject to laws, regulations, and professional standards applicable to the services hereunder to complete the fieldwork at such time necessary to meet the timing requirements. 9. SUPPORT PERSONNEL: Throughout this contract for mass modeling services, CRA Staff will be made available by the PROPOSER to provide assistance for tasks, such as identifying locations of required maps and structures, and supporting information, with the realization that support personnel must be given consideration to effectively perform day-to-day requirements. 10. CANCELLATION OF AGREEMENT: Either the CRA or the PROPOSER FIRM may cancel this agreement for this agreement by written notice to the other party given not later than seven (7) days. The parties agree that such cancellation on its part shall be only for cause and after appropriate discussion with the other party. Notwithstanding the foregoing paragraph of this section, the PROPOSER may resign or the CRA may terminate the PROPOSER as the CRA'S PROPOSER and terminate this agreement at any time as required in accordance with the laws, regulations, and professional standards applicable to the type of services provided under this agreement. 11. EXCUSABLE DELAYS: The PROPOSER shall not be considered in default because of any failure in performance if such failure arises out of causes reasonably beyond the PROPOSER's control and without its fault or negligence. Such causes may include, but are not limited to, acts of God, natural, or public health emergencies. 4539 Page 14 of 23 THIS PAGE TO BE SUBMITTED ALONG WITH RFP IN ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE 12. CONTINGENT FEES: The PROPOSER warrants that it has not employed or retained any company or person to solicit or secure this agreement and that it has not paid or agreed to pay any person, company, corporation, individual or firm, other that a bona fide employee working solely for the PROPOSER any fee, commission, percentage, gift, or any other consideration contingent upon or resulting from the award or making the agreement. 13. NON-DISCRIMINATION: The PROPOSER warrants and represents that all of its employees are'treated equally during employment without regard to race, color, religion, sex, age, or national origin. 14. INDEPENDENT CONSULTANT RELATIONSHIP: The PROPOSER is, and shall be, in the performance of all work services and activities under this agreement, an Independent Contractor, and not an employee, agent, or servant of the CRA. All persons engaged in any of the work or services performed pursuant to this agreement shall, at all times, and in all places, be subject to the PROPOSER's sole direction, supervision, and control. The PROPOSER shall exercise control over the means and manner in which it and its employees perform the work, and in all respects, the PROPOSER's relationship and the relationship of its employees to the CRA shall be that of an Independent Contractor and not as employees or agents of the CRA. The PROPOSER does not have the power or authority to bind the CRA in any promise, agreement, or representation other than specifically provided for in this agreement. 15. SEPARABILITY: If any term or provision of this agreement, or the application thereof to any person or circumstance shall, to any extent, be held invalid or unenforceable, the remainder of this agreement or the application of such terms or provisions, to persons or circumstances other than those as to which it is held invalid or unenforceable, shall not be affected, and every other term and provision of this agreement shall be deemed valid and enforceable to the extent permitted by law. 16. ENTIRETY OF CONTRACTUAL AGREEMENT: The CRA and the PROPOSER agree that this agreement sets forth the entire agreement between the parties, in addition there are no promises or understandings other than those stated herein. None of the provisions, terms, and conditions contained in this agreement may be added to, modified, superseded, or otherwise altered, except by written instrument executed by the parties hereto. 17. AMENDMENTS AND MODIFICATIONS: No amendments and/or modifications of this agreement shall be valid unless in writing and signed by each of the parties. 4540 Page 15 of 23 THIS PAGE TO BE SUBMITTED ALONG WITH RFP IN ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE 18. NOTICE: All notices required in this agreement shall be considered delivered when received by certified mail, return receipt requested, or personal delivery and if sent to the CRA, shall be mailed to: Douglas Hutchinson, CRA Executive Director City of Boynton Beach, Community Redevelopment Agency 639 E. Ocean Ave. Suite 107 Boynton Beach, FL 33435 In addition, if sent to the PROPOSER, shall be mailed to: Firm: Contact: Address: 19. INSURANCE: The PROPOSER FIRM shall obtain all insurance required by the CRA as shown on Attachment "7" which becomes a part of this agreement. The insurance must remain in force throughout the terms of this agreement. 20. VENUE: Any disputes arising out of this agreement shall be filed in the 15"' Judicial Circuit Court in and for Palm Beach County, Florida or the Southern District Court of Florida if filed in U.S. Federal Court. WHEREFORE, the parties have signed this agreement on the date first above written. PROPOSER By: Name & Title Witness: 0 BOYNTON BEACH CRA Chairman Witness: 4541 Page 16 of 23 THIS PAGE TO BE SUBMITTED ALONG WITH RFP IN ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE ATTACHMENT 3 ADDENDA BOYNTON BEACH CRA RFP TITLE: CRA RFP NO. 2003-1 FOR CENTRAL BUSINESS DISTRICT MASS MODELING SERVICES FIRM'S NAME: DATE SUBMITTED: We propose and agree that if this RFP is accepted to contract with the CRA, THE PROPOSER will furnish all materials, equipment, transportation, labor, and services necessary to complete/provide the work specified by the Contract documents. Having studied the documents prepared by: The CRA Staff And having examined the following addendum we propose to perform the work of Central Business District Mass Modeling Service according to the Contract documents and the following addenda, which we have received: ADDENDUM Signature DATE Date 4542 ADDENDUM DATE Page 17 of 23 THIS PAGE TO BE SUBMITTED ALONG WITH RFP IN ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE ATTACHMENT 4 STATEMENT OF THE PROPOSER'S QUALIFICATIONS The PROPOSER submitting the RFP shall prepare and submit the data requested in the following schedule of information. This data must be included in and made part of each RFP document. Failure to comply with this instruction may be regarded as justification for rejecting the RFP. 1. Name of THE PROPOSER: 2. Business Address: Phone/ Fax/ E -Mail: 3. When Organized: 4. Where Incorporated: 5. How m any years h ave y ou b een a ngaged i n b usiness u rider t he p resent firm n ame? 6. Contracts on hand: *GROSS AMOUNT: *(Each Contract) 7. Have you ever failed to complete any work awarded to you? If so, where and why? 8. Have you ever defaulted on a contract? If so, where and why? 9. Experience in performance of work similar to this project. * 10. Background and experience of principal members of your personnel, including officers. * Attach additional sheets giving the information. 11. List all lawsuits (related to similar project(s)) to which you have been a party and Which: * A. Arose from performance: * B. Occurred within the last 4 years: C. Provide case number and type. 14. Financial Statement (if requested). * Dated on: 4543 THIS PAGE TO BE SUBMITTED ALONG WITH RFP IN ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE this day of 20 M (Written signature) Name (Printed or typed) Title 4544 Page 19 of 23 THIS PAGE TO BE SUBMITTED ALONG WITH RFP IN ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE ATTACHMENT 5 NONCOLLUSION AFFIDAVIT OF THE PROPOSER State of County of that: being first duly sworn, deposes and says I am the PROPOSER (Title) of (Name of Corporation or Business Entity) that has submitted the attached RFP: I am fully informed respecting the preparation and contents of the attached RFP and of all pertinent circumstances respecting such RFP. Said RFP is genuine and is not a collusive or sham RFP. Further, the said THE PROPOSER nor - any of its officers, partners, owners, agents, representatives, employees or parties in interest, including this affiant, has in any way colluded, conspired, connived or agreed, directly or indirectly with any other Firm or person to submit a collusive or sham RFP in connection with the Contract for which the attached RFP has been submitted or to refrain from proposing in connection with such Contract, or has in any manner, directly or indirectly, sought by agreement or collusion or communications or conference with any other firm or person to fix the price or prices in the attached RFP or to fix any overhead, profit or cost element of the RFP price or the RFP price of any other Firm, or to secure through any collusion, conspiracy, connivance or unlawful agreement any advantage against the Community Redevelopment Agency (CRA) or any person interested in the proposed Contract. The qualifications quoted in the attached RFP are fair and proper and are not tainted by any collusion, conspiracy, connivance or unlawful agreement on the part of THE PROPOSER or any of its agents, representatives, owners, employees, or parties in interest, including this affiant. (Signed (Title Subscribed and sworn to before me This day of My commission expires 20 4545 Page 20 of 23 THIS PAGE TO BE SUBMITTED ALONG WITH RFP IN ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE ATTACHMENT 6 ANTI -KICKBACK AFFIDAVIT STATE OF FLORIDA) COUNTY OF PALM BEACH ) I, the undersigned hereby duly sworn, depose and say that no portion of the sum herein proposed will be paid to any employees of the Boynton Beach CRA as a commission, kickback, reward of g ift, d irectly o r i ndirectly b y m e o r a ny m ember of m y f irm o r b y a n officer of t he corporation. Sworn and subscribed before me this day of 2003 NOTARY PUBLIC, State of Florida at Large "OFFICIAL NOTARY SEAL" STAMP M 4546 Page 21 of 23 NAME — SIGNATURE Printed Information: NAME TITLE COMPANY THIS PAGE TO BE SUBMITTED ALONG WITH RFP IN ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE ATTACHMENT 6 INSURANCE REQUIREMENTS General Liability THE PROPOSER agrees to provide comprehensive General Liability Insurance for the benefit of the CRA with combined single limits of $1,000,000 per occurrence, for Bodily Injury and Property Damage Liability. Coverage must be afforded on a form no more restrictive than the latest edition of the Comprehensive General Liability Policy, without restrictive endorsements, as follows and shall include: Premises or Operation; Independent Contractors; Broad Form Property Damage; Broad Form Contractual Coverage applicable to this specific Agreement, including any hold harmless or indemnification agreement; and Personal Injury Coverage with Employee and Contractual Exclusions removed with minimum limits of coverage equal to those required for Bodily Injury liability and Property Damage Liability. The CRA is to be included as "Additional Insured" with respect to, liability arising out of services performed for THE PROPOSER by or on behalf of the CRA or acts or omissions of THE PROPOSER in connection with such services. Professional Liability THE PROPOSER agrees to provide professional liability insurance for the benefit of the CRA with combined single limits of $1,000,000 per claim and which insures against errors and omissions by THE PROPOSER, its sub contractors and other professionals. III. Worker's Compensation THE PROPOSER agrees to provide Worker's Compensation and Employer's Liability Insurance for the benefit of the firm's employees, if required by law. IV. Indemnification In performing its services hereunder, THE PROPOSER will use that degree of care and skill ordinarily exercised, under similar circumstances, by reputable members of its profession practicing in the same or similar locality at the time the services are provided. It is agreed that THE PROPOSER is not a fiduciary of the CRA. THE PROPOSER and its officers, directors, employees, agents, consultants and sub contractors shall indemnify and hold harmless the CRA or anyone claiming by, through or under the CRA or third parties, for any and all claims, losses, costs or damages whatsoever arising out of, resulting from or in any way related to the services under this agreement from any cause or causes, including but not limited to, the negligence, professional errors or omissions, strict liability or breach of contract or any warranty, express or implied. 4547 Page 22 of 23 V. Automobile Liability THE PROPOSER agrees to provide Business Automobile Liability coverage to include bodily injury and property damage arising out of ownership, maintenance or use of any auto, including owned, nonowned and hired automobiles and employee nonownership use. Limits: Bodily Injury - $ 100,000 each person $ 300,000 each occurrence Property Damage- $ 50,000 each occurrence VI. Certificates of Insurance Before commencing performance of this contract, THE PROPOSER shall furnish the CRA with a duplicate Certificate of Insurance for the required insurance as specified above, which shall contain the following: A) Name of insurance carrier(s). B) Effective and expiration dates of policies. C) 30 -days written notice by carrier of any cancellation or material change in any policy. D) Certificates of Insurance stating that the interests of the CRA are included as an additional named insured, and specifying the Project. Such insurance shall apply despite any insurance, which the CRA may carry in its own name. VII Subcontractor Insurance THE PROPOSER is advised to require all of its subcontractors to provide the aforementioned coverage as well as any other overages that THE PROPOSER may consider necessary, and any deficiency in the overages, or policy limits of any subcontractors will be the sole responsibility of THE PROPOSER. 4548 Page 23 of 23 X. Commission Action 4549 Any person who decides to appeal any decision of the Community Redevelopment Board with respect to any matter considered at this meeting will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to, be based. The CRA shall furnish appropriate auxiliary aids and services where necessary to afford an individual with a disability an equal opportunity to participate in and enjoy the benefits of a service, program, or activity conducted by the CRA. Please contact Douglas Hutchinson at 561-737-3256 at least twenty-four hours prior to the program or activity in order for the CRA to reasonably accommodate your request. XI. Board Member Comments 4550 Any person who decides to appeal any decision of the Community Redevelopment Board with respect to any matter considered at this meeting will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. The CRA shall furnish appropriate auxiliary aids and services where necessary to afford an individual with a disability an equal opportunity to participate in and enjoy the benefits of a service, program, or activity conducted by the CRA. Please contact Douglas Hutchinson at 561-737-3256 at least twenty-four hours prior to the program or activity in order for the CRA to reasonably accommodate your request. XII. Legal 4551 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 thi proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. The CRA shall furnish appropriate auxiliary aids and services where necessary to afford an individual with a disability an equal opportunity to participate in and enjoy the benefits of a service, program, or activity conducted by the CRA. Please contact Douglas Hutchinson at 561-737-3256 at least twenty-four hours prior to the program or activity in order for the CRA to reasonably accommodate your request. XIII. Other Items 4553 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 th( proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. The CRA shall furnish appropriate auxiliary aids and services where necessary to afford an individual with a disability an equal opportunity to participate in and enjoy the benefits of a service, program, or activity conducted by the CRA. Please contact Douglas Hutchinson at 561-737-3256 at least twenty-four hours prior to the program or activity in order for the CRA to reasonably accommodate your request. xlv. Future Agenda Items A. Consideration of Special Pilot Program for Police Patrol in Heart of Boynton and the CBD (February). B. Consideration of CRA Logo and Stationary (February). C. Consideration of Securing CBD Surface Parking Rights (March). D. Consideration of Pilot Program for Trolley Service in the CBD (June). 4554 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 th proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. The CRA shall furnish appropriate auxiliary aids and services where necessary to afford an individual with a disability an equal opportunity to participate in and enjoy the benefits of a service, program, or activity conducted by the CRA. Please contact Douglas Hutchinson at 561-737-3256 at least twenty-four hours prior to the program or activity in order for the CRA to reasonably accommodate your request. xv. Adjournment. 4555 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 th proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. - ) The CRA shall furnish appropriate auxiliary aids and services where necessary to afford an individual with a disability an equal opportunity to participate in and enjoy the benefits of a service, program, or activity conducted by the CRA. Please contact Douglas Hutchinson at 561-737-3256 at least twenty-four hours prior to the program or activity in order for the CRA to reasonably accommodate your request.