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Agenda 03-17-05..... 7 Members - 4 Yr. Terms Ordinance No. 000-69 (Changed from Commission to independent board) COMMUNWY REDEVELOPMENT AGENCY - 2005 LAST NAME FZRST EXPZRES ADDRESS PROFESSIONAL NAME ASSOCI'ATION Barretta James 1/10/08 209 N. Seacrest Blvd. #1 Architect BOYNTON BEACH 33435  ) (561) 740-0041 DeMarco Alexander 6/20/06 1o817 QUAIL COVEY RD Arvida Realty BOYNTON BEACH 33436 901 N Congress Ave - Ste. B-102 Boynton Beach, FL 33426 /) (561) 732-6789 (561) 736-2400 Ext. 107 Fax (561) 736-1560 cristale@bellsouth.com Fenton Don 1/10/06 2556 SW 23RD Edward .]ones & Company CRANBROOK DR 901 N Congress Avenue, Ste D-101 /1 BOYNTON BEACH 33436 Boynton Beach, FL 33426 (561) 737-1442 (561) 737-0793 Fax (561) 364-1536 Heavilin Jeanne 1/10/09 PO BOX 243693 (734 NE Salefish Realty 9TM AVE) 532 E Ocean Avenue Chair A BOYNTON BEACH 33424 Boynton Beach, FL 33435 (561) 738-6613 (561) 731-4474 Fax (561) 738-7911 jheavilin@msn.com Horenburger Marie 6/20/08 3020 PINE TREE LANE Business Consultant BOYNTON BEACH 33435 Fax (561) 733-0034 J (Q 733-0041 nhorenburger@cs.com (561) Myott Steve 1/10/09 3012 FERNWOOD DR Vice President, Commercial Division BOYNTON BEACH FL Quincy 3ohnson Architects F 33436 949 Clint Moore Road (561) 736-3564 Boca Raton, FL 33487 561-997-9339 X31 Tillman ~) Henderson 1/10/09 54 BENTWATER CIRCLE Spanish River High School I./I' ( ~-- BOYNTON BEACH, FL 5100 3og Road (~ lt~i p. 33426 Boca Raton, FL 33496 /561/965-6776 /561/241-2200- Ext. 2540 S:\CC\WI~BOARDS~LISTS\CRA Board.doc - 03/17/2005 6 FORM 8B MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS LAST,NAME--FII~ST NAME--MIDDLE NAME MAII'ING ,~D~RESS / .... DAT'E~"WH~I VOTE OCC'URRED .~..,~ NW THE BOARD, COUNCIL, COMMISSION, AUTHORITY (~R COMMI'I-rEE ON CH I SERVE IS A UNIT OF: TY El COUNTY r~ OTHER LOCAL AGENCY MY POSITION El ELECT VE I~PPOINTIVE WHO MUST FILE FORM 8B Whii,~orm is for use by any person ser~in~ at {1~ county, city, or other local level of government on an appointed or~elected'Boarck council, commission, authority, or committee. It applies equally to membem of advisory and non-advisory bodies who are presented with a voting conflict of interest under Section 112.3143, Florida Statutes. Your responsibilities under the law when faced with voting on a measure in which you have a conflict of interest will vary greatly depending on whether you hold an elective or appointive position. For this rsason, please pay close attention to the instructions on this form before completing the reverse side and filing the form. ,, ;,, ,INST~RUC. TIONS,FQR'GIID'MPLIANCE t~/l't'H SECTIOJI[~t,1;~.3143, FLORIDA STATUTES A person holding elective or' appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his or her special private gain or loss. Each elected or appointed local officer also is prohibited from knowingly voting on a mea- sure which inures to the ~pecial gain or loss o.f a principal (other than a government agency) by whom he or she is retained (including the pare~tprgan~abon,or ~t~b.t;~diaryof,..a C,g)rporate I~inclpal by whjc'h tie or she ~s mtmr~ed) to the spe(}~l private gin or loss of a relative; or to the spec~a private gin or loss ot*a bumness associate. Commissioners of commanity rede~,elopment agencies ander $ec,~!63.:}56 or 163.357, F.S., and officers of'irrd~l~ent ~ speciat 1ax,distdets elected og.a one-acre, one-vote basi~ are no~ prohibited from voting in that For purposes of this law, a "¢el~i;e" ir~[ua~;;?nly t~e omcer's [ather,'mbth~.r,'~on, daughter, hutband, wife, brother, sister, lather-iq-law, mother-in-law, son-in-law, and daughter-i~a~/. ~"b.usiness, associate" means any I~ rson or entity I~ngaged in~ or ~ah'yirfg o~'-a business enterprise with the officer as a partner, joint ve~ntur, er, coowni~r bf Pr?p~rty, or ce, rpota~e sh~, rsholder (wher. e the sh.~rss of the corppration are not listed on any national or regional stock exchange). ' "'~ .... . ELECTED OFFICERS: In addition to abstaining from voting in the situations described above, you must disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are abstaining from voting; and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsibl,e f. or. recording the min- utes of the meeting, who sho~uld incorporate the form in the minutes. · ' · APPOINTED OFFICERS: Although you must abstain from voting in the situations described above, you otherwise may participate in these matters. However, you must disclose the nature of the conflict before making any attempt to influence the decision, whether orally or in wdting and whether made by you or at your direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN: You must complete and file this form (before making any attempt to influence the decision) with the person responsible for recording the minutes of the meeting, who will incorporate the form in the minutes. (Continued on other side) CF_ FORM 8B - EFF. 1/2000 PAGE 1 APPOINTED OFFICERS (continued) A copy of the form must be provided immediately to the other members of the agency. The form.r m~s~'l~e reaql'P~lic~ ~t'the t~f~xt rpeCti~g attbrth~ f0~ is filed. IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING: · You must disclose orally the nature of your conflict in the measure,before participating. · You.r~u;st 1;omplete tb'e fce~n and ~'~e it vy~tt3~n 15 aays~affer't~e vote occurs with the person responsible for recording the minutes of the meeting, who must incorporate the form in the minutes. A copy of the form must be provided immediat;~!y ~ the ot,h~r nler~be,r~of the agency, and the form must be read publicly at the next meeting after the form is filed. "- ~ - -- .' DISCLOSURE OF LOCAL OFFICER'S INTEREST ,, ~~~_~_, hereby disclose that on '~#/7' 20~_: (a) A measure came or will come before my agency which (check one) inured to my special private gain or loss; inured to the special gain or loss of my business associate, inured to the special gain or loss of my relative, inured to the special gain or loss of by whom I aminured to theretained; or loss ,~. special gain or of_~ is the parent organization or subsidia~ of a principal which has retained me. (b) The measure before my agency and the nature of my conflicting interest in the measure is as follows: Date Filed NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317, A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $10,000. CE FORM 8B - EFF. 1/2000 PAGE 2 MEMO TO: CRA Board FROM: Douglas C Hutchinson SUBJECT: Hiring of Vivian Brooks as Planner for the CRA DATE: March 14, 2005 The CRA Board was informed at the CRA Meeting held on February 8, 2005 that we had found a qualified candidate Vivian Brooks for the planner position, which had been advertised in the local papers. Additionally, it was recommended at that time that the candidate be hired in at $55,000, which the CRA Board approved. This pay was well within the pay scale range for that position. Staff subsequently offered the position to Vivian Brooks; however her current employer offered a pay increase to $60,000. The CRA Executive Director contacted the CRA Board Members individually for the authority to offer her the $60,000 pay, four weeks of vacation annually and retirement of $6,000 per year. This rate of pay was still within the pay range of $41,000 to $61,525 for the Planner position Six Board Members said yes with one Board Member give a "maybe". Staff offered the position at the $60,000 pay scale and it was accepted. Vivian started on March 8, 2005. C:\Susan_shared filesXmemoskMEMOplanner position.doc COMMUNITY REDEVELOPMENT AGENCY - ROLL CALL VOTES I YES~/ NO I YES NO I YES NO Chair Heavilin I Alexander DeMarco · L/· · Marie Horenburger · 1./' · · Don Fenton Steve MyottI ~/ I I Jim BarrettaI // I I :Henderson TillmanI I I I I I I YES NO I YES NO I YES NO Chair Heavilin I I I Henderson Tillman · · · Marie Horenburger I I I Don Fenton I I I Steve Myott I I I Jim Barretta I I I Alexander DeMarco I I I I I I I YES NO I YES NO I ~E$ .o Jim Barretta I I I Alexander DeMarco I I I Marie Horenburger I I I Henderson Tillman I I I Steve Myott · · · Chair Heavilin · I · Don Fenton · · · Vice Chair Tillman Henderson Tillman Marie Horenburger 3ira Barretta Alexander DeMarco Steve Myott Don Fenton YES NO YES NO YES NO s:\cc\wp~ninutes\cra\roll call sheets.doc COMMUNITY REDEVELOPMENT AGENCY Thursday, March 17, 2005 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. - 7055A A. Approval of Minutes, February 8th, 2005 - 7751 B. Financial Report. - 7765 C. Consideration of Increasing the Travel Mileage Reimbursement from $.29 per mile to $.405 per mile. - 7766 D. ~,.~ Consideration of Budget Transfer Request for the 2004-2005 Fiscal Year. x,U~ 7768 E. Consideration of Facade Grant Reimbursement request for Colonial Condo Association. - 7773 F. Consideration of Facade Grant Request for the Boynton Women's Club. - ~~~ 7779 · Consideration of Corporation Sponsorship for the NAACP. - 7795 '~ 7745 Any son 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 accomrnodate your request. Annette Shares Z:\CRA Agenda\CRA Agendas 2005\CRA Agenda March 17, 2005.doc K. Consideration of Financial Advisor Work Order Cf 4 - 7797 Consideration of Purchases of Parcel Cf130 Adams Property. - 7801 Consideration of a request for the City Commission for Eminent Domain Acquisition of Certain Properties in MLK Phase I Redevelopment Area. - 7808 Consideration of Change Work Cf9 for Burkhart Construction. - 7821 L. Consideration of Modified Procurement Policy. - 7835 M. Consideration of Modified Direct Incentive Program. - 7847 Consideration of Assistant Director Position and Advertising of Position. - 7871 O. Consideration of CRA RFP No. 2005-01 Retail Demand Analysis. -7878  A)J R. Consideration of Underwriting the Demolition of Boynton Terrace - 7888 V.' Public Audience. - 7896 VI. Public Hearing. - 7897 Old Business A. Land Use Plan Amendment/Rezoninq (Tabled to March 17, 2005) -7898 1. PROJECT: Barr Property (LUAR 04-009) - (Tabled to March 17, 2005) AGENT: John Barr, Cornerstone Premier Communities OWNER: BMVFL-1, Inc. LOCATION: 1801 NE 4th Street DESCRIPTION: Request to amend the Comprehensive Plan Future Land Use Map for High Density Residential to Special High Density Residential; and 7746 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. Annette Shares Z:\CRA Agenda\CRA Agendas 2005\CRA Agenda March 17, 2005.doc Request to rezone form R-3 Multi-family Residential to Planned Unit Development (PUD) Proposed use: Townhouse community of 180 units. 2. PROJECT: Boynton Beach Lofts (LUAR 05-003) -7906 (Tabled to March 17, 2005) AGENT: Mr. Brady Miller, AICP, Miller Land Planning Consultants, Inc. OWNER: Mr. Louis F. Mascia / Boynton Motel LLC LOCATION: 623 South Federal Highway DESCRIPTION: Request to amend the Future Land Use designation from Local Retail Commercial (LRC) to Mixed Use (MX); and Request to rezone from Community Commercial (C-3) to Mixed-Use Low (MU-L) B. New Site Plan (Tabled to March 17, 2005) 1. PROJECT: Boynton Beach Lofts (NWSP 05-008) (Tabled to March 17, 2005) - 7914 AGENT: Mr. Bradley Miller, AICP, Miller Land Planning Consultants, Inc. OWNER: Louis F. Mascia / Boynton Motel LLC LOCATION: 623 South Federal Highway DESCRIPTION: Request for new site plan approval to construct a mixed-use project consisting of 48 multi- family dwelling units, 5,364 square feet of 774? 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. Annette Shares Z:\CRA Agenda\CRA Agendas 2005\CRA Agenda March 17, 2005.doc retail, and 13,354 square feet of office on a 1.21-acre parcel in a MU-L zoning district. PROJECT: AGENT: Barr Property (NWSP 04-013) - (Tabled to March 17~ 2005) - 7939 John Barr, Cornerstone Premier Communities OWNER: BMVFL-1, Inc. LOCATION: 1801 NE 4th Street DESCRIPTION: Request new site plan approval for a 180-unit Town home development on a 9.88-acre parcel in a proposed PUD zoning district. C. Hei.qht Exception - (Tabled to March 17, 2005) 1. PROJECT: Boynton Beach Lofts (HTEX 05-001) (Tabled to March 17, 2005) - 7962 AGENT: Mr. Bradley Miller, AICP, Miller Land Planning Consultants, Inc. OWNER: Mr. Louis F. Mascia / Boynton Motel LLC LOCATION: 623 South Federal Highway DESCRIPTION: Request for a height exception of three (3) feet - two (2) inches pursuant to the City's Land Development Regulations, Chapter 2, Zoning, Section 4.F.2, to allow the mechanical room housing elevator / stair tower to be 78 feet - two (2) inches in height, a distance of three (3) feet - two (2) inches above the 75-foot maximum height allowed in the Mixed-Use Low (MU-L) zoning district. New Business A. Code Review 7748 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. Annette Shares Z:\CRA Agenda\CRA Agendas 2005\CRA Agenda March 17, 2005.doc 1. PROJECT: Car Wash Use in M-1 (CDRV 05-001) - 7971 VII. AGENT: Michael Weiner, Weiner & Aronson LOCATION: Industrial (M-l)Zoning District DESCRIPTION: Request for an amendment to the Land development Regulations, Chapter 2 Zoning, Section 8.1.4. M-1 Industrial District, to allow as a Conditional use, carwashes provided the use is located along a major arterial roadway located west of interstate 95, such as Congress Avenue. Old Business. - 7975 Consideration of Direct Incentive Program for Cornerstone Development's Barr Property Project. (Tabled to March 17, 2005) - 7976 New Business. - 7994 ConsideratiOn of Pilot Program for WI-FI Wireless System for Heart of Boynton and Central Business District. - 7795 Consideration of Drafting an Agreement for the Acquisition of the Old Boynton Beach High School from the City Of Boynton Beach with the Finalized Agreement returning for Final Board Approval. -8005 Consideration of Selection and Contract award of the Hotel Feasibility Study from Committee. - 8008 IX. Commission Action - 8021 X. Director's Report. - 8022 · Discussion regarding City Planning and Development Staff conditions and comments on Project Review. · Signage - Way Finding & Trolley. · Trolley System Operations Rollout. · "Building Document" 7749 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 £or 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 CEE 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 CEE. Please contact Douglas Hutchinson at 561-737-3256 at least twenty-four hours prior to the program or activity in order £or the CEE to reasonably accommodate your request. Annette Shares Z:\CRA Agenda\CEE Agendas 2005\CRA Agenda March 17, 2005.doc XI. ×11. XlII. XIV. XV. XVI. · Old High School- City Commission Direction. Board Member Comments. - 8046 Legal. - 8047 Other Items. - 8048 Future Agenda Items. - 8049 A. Consideration of Interlocal Agreement with the City of Boynton Beach for the Boynton Beach Boulevard Extension and Promenade. (April), B. Consideration of Interlocal Agreement for the MLK Phase I Project (April). C. Consideration of Interlocal Agreement for the Events and Festivals (April). D. Consideration of Addition of Two Police Officers and One Patrol Car (April) Future Project Preview. A. Gulfstream Lumberyard Site Plan Proposal. Adjournment. 7750 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. A~mette Shares Z:\CRA Agenda\CRA Agendas 2005\CRA Agenda March 17, 2005.doc 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. 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. MINUTES OF THE COMMUNITY REDEVELOPMENT AGENCY REGULAR MEETING HELD IN COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA, ON TUESDAY, FEBRUARY 8, 2005 AT 6:30 P.M. Present: Jeanne Heavilin, Chairperson James Barretta Don Fenton Marie Horenburger Steve Myott Henderson Tillman Doug Hutchinson, CRA Director Ken Spillias, Board Attorney Absent: Alexander DeMarco I. Call to Order Chairperson Heavilin called the meeting to order at 6:32 p.m. and introduced Commissioner Ferguson and welcomed back Board member, Henderson Tillman. 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 Chairperson Heavilin announced that Items VI. A, B and C, under New Business for Boynton Beach Lofts, would be tabled due to incorrect posting of the meeting time. Motion Mr. Tillman moved to table the Boynton Beach Lofts project items until the next Board meeting. Motion seconded by Ms. Horenburger and unanimously carried. Attorney Spillias noted that there is no discussion under a motion to table, but the applicant has requested to address the Board. Bradley Miller, of Miller Land Planning Consultants, Inc., representing the applicant, pointed out that he has been discussing this issue with staff since noon when they were made aware of it. He requested that they be allowed to remain on the agenda since the error dealt with posting of the incorrect time at the site. The notice mailed to the residents within the 400' radius of the site and the newspaper ad were correct. The 7751 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida February 8, 2005 public would have three more opportunities to address this issue and they would like to proceed. Attorney Spillias explained that since one of the three types of notices was defective, it could potentially render what occurred defective and invalid. The process stated in the City Code requires the Board to consider the matter properly and duly noticed, and properly heard. The Board then makes a recommendation to the City Commission. If there were a defect in part of the process that is not cured by the City Commission, it would make this Board's role in the process irrelevant. Mr. Miller pointed out that tabling the items created a hardship since the Board's meeting in March would not take place until March 17th, and the Commission would not meet until April. Mr. Myott inquired if the Board could discuss the project because he had some comments. Chairperson Heavilin stated that if any Board member had any comments, it is permissible for them to contact the applicant to provide them with an opinion. Mr. Myott would have liked to have been afforded an opportunity to meet with the applicant prior to this meeting to discuss his views. Mr. Miller will contact Mr. Myott. B. Adoption of Agenda Motion Ms. Horenburger moved to approve the agenda, as amended. Motion seconded by Mr. Tillman and unanimously carried. IV. Consent Agenda A. Approval of Minutes of January 11,2005 Meeting Attorney Spillias requested to remove the Minutes from the Consent Agenda for correction. B. Financial Report Mr. Fenton removed Item B. from the Consent Agenda for discussion. C. Consideration of Reimbursement for Fa(;ade Grant for St. Mark Church D. Beach Boulevard Consideration of Work Authorization #8 for Boynton Extension, Promenade and Riverwalk 7752 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida February 8, 2005 Motion Ms. Horenburger moved to approve the Consent Agenda, as amended. Motion seconded by Mr. Tillman and unanimously carried. A. Approval of Minutes of January 11,2005 Mr. Spillias requested that on Page 20 of the minutes, in the paragraph before item "C," the last sentence reads, "Attorney Spillias stated that the motions would not have to be made again, but the items had to be removed from the table." He requested that the language be changed to read, "Attorney Spillias stated that the motions would have to be ratified after the items were removed from the table." Motion Ms. Horenburger moved to approve the minutes, as corrected. Motion seconded by Mr. Myott and unanimously carried. B. Financial Report Mr. Fenton did not see where the bond proceeds were in the Financial Report. Mr. Hutchinson responded that the Financial Consultant had made recommendations for the funds to be split between the construction fund and reimbursement of previous expenses. Ms. Vielhauer, CRA Controller, pointed out that these funds are listed in the balance sheet under "cash and cash equivalents" on page 7639. The bond proceeds are also listed on page 7643 under revenues in the amount of $17,833,519.65. Interest on the construction account is 3.84% and 4.13% for the bond reserve fund. Mr. Fenton requested a separate breakout of these funds. She reported that the construction account is with CitiGroup and the bond reserve fund is with MBIA. The construction account has already earned $25,000 in interest. Motion Ms. Horenburger moved to approve the Financial Report. Motion seconded by Mr. Fenton and unanimously carried. Chairperson Heavilin presented the $15,000 Fa(;ade Grant check to Father Mark of St. Mark Church and congratulated Father Mark on doing a wonderful renovation on the Church. Father Mark thanked the CRA and the City for their support and noted that they are proud to be able to contribute to the redevelopment of the downtown area. V. Public Audience 7753 None Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida February 8, 2005 VI. None Public Hearing Old Business New Business A. Land Use Plan Amendment/Rezoning 1. Project: Agent: Owner: Location: Description: Boynton Beach Lofts (LUAR 05-003) Mr. Bradley Miller, AICP, Miller Land Planning Consultants, Inc. Mr. Louis F. Mascia/Boynton Motel LLC 623 South Federal Highway Request to amend the Future Land Use designation from Local Retail Commercial (LRC) to Mixed Use (MX) and to rezone from Community Commercial (C-3) to Mixed-Use Low (MU-L) (TABLED TO MARCH 17, 2005 MEETING) B. New Site Plan 1. Project: Agent: Owner: Location: Description: Boynton Beach Lofts (NWSP 05-008) Mr. Bradley Miller, AICP, Miller Land Planning Consultants, Inc. Louis F. Mascia/Boynton Motel LLC 623 South Federal Highway Request for new site plan approval to construct a mixed-use project consisting of 48 multi- family dwelling units, 5,364 square feet of retail, and 13,354 square feet of office on a 1.21-acre parcel in a MU-L zoning district. (TABLED TO MARCH 17, 2005 MEETING) C. Hei,qht Exception 1. Project: Agent: Owner: Location: Description: 7754 Boynton Beach Lofts (HTEX 05-001) Mr. Bradley Miller, AICP, Miller Land Planning Consultants, Inc. Mr. Louis F. Mascia/Boynton Motel LLC 623 South Federal Highway Request for a height exception of three (3) feet two (2) inches pursuant to the City's Land Development Regulations, Chapter 2, Zoning, Section 4.F.2, to allow the mechanical room Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida February 8, 2005 housing elevator/stair tower to be 78 feet-2 inches in height, a distance of three (3) feet - two (2) inches above the 75-foot maximum height allowed in the Mixed-Use Low (MU-L) zoning district. (TABLED TO MARCH 17, 2005 MEETING) Mr. Hutchinson reported that staff requested that item D.2 be heard before item D.1 D. Code Review Project: Agent: Location: Description: Chapter 22, Streets and Sidewalks (CDRV 05-005) City initiated - Engineering Division N/A Request for amendments to the Land Development Regulations, Chapter 22, Streets and Sidewalks related to street naming and renaming, construction of sidewalks, access to and work within public rights-of-way, and providing for appeals, work requirements and surety (ADDRESSED OUT OF ORDER) Jeff Livergood, Director of Public Works, presented the item on behalf of staff. Staff is requesting many revisions to Chapter 22, which will act as a guide for the development of the City. The Commission reviewed the revisions and requested that the CRA and the Planning and Development Board review them. Four primary areas to Chapter 22 would be modified. The first area is the street naming procedure. This requires modification because currently there is very little order to the street addresses and numbering. There is no mechanism to provide for even-numbered homes to be located on the south side of the street and on the east. There is also a process for street naming and re-numbering. The second area is sidewalks. Over the years the City has waived the requirements for sidewalks, if there were no other sidewalks on the roadway. It does not make sense to require someone to build a 60' long sidewalk that would go nowhere in the middle of a block. Staff would like to have the ability to waive the requirement for the sidewalk, but as part of the waiver, the builder would have to pay a fee commensurate with the cost of construction of the sidewalk. The ordinance would provide for four quadrants, which are comprised of the four Commission Districts into which developers would deposit money. The funds would be used to build sidewalks in a logical fashion and in longer stretches. The City currently allocates $75,000 per year in its capital improvement program for new sidewalks and these fees would supplement those funds. It would take several years for the fees to 7755 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida February 8, 2005 accumulate, but the City would like to proceed as soon as possible to build new sidewalks. Sidewalk priorities involve the areas used by grade school children and around elementary schools. As schools and school districts change, the walking and busing patterns of the children change. The Code will also address how the sidewalks should be built and the permitting process. Also, street openings would be better defined. In order for contractors and builders to perform work within the City's rights-of-way, they would be required to provide a certificate of insurance. In addition, a cash bond must be posted that would equal the cost of the work being performed. This is a major policy change. Builders would no longer be allowed to waive the requirement for sidewalks and a fee-in-lieu-of the construction of a sidewalk is now required. Staff is requesting that the CRA Board approve the changes and forward a positive recommendation to the Commission in order to move forward with the ordinance change. Mr. Fenton felt the requirement to build sidewalks equated to a redistribution of wealth in the City. For instance, if a contractor chose not to build a sidewalk, he would have to pay into the community pool and these costs would be factored into the construction costs. Mr. Livergood explained that the money put into the pool would be reassigned within that particular quadrant where the construction is occurring. Chairperson Heavilin inquired what this fee would be. Mr. Livergood responded that the fee would be established on an annual basis and would be equal to the cost for the construction of a sidewalk per square foot based upon current-year bids or other estimates. Mr. Myott asked about the street signage and the change in the standard for naming of streets and whether it would be retroactive to existing streets. If so, would there be costs associated with these changes. Mr. Livergood responded that if the City renamed streets, there would be costs for this and these costs have not been addressed. Mr. Myott asked if the costs would be significant, and Mr. Livergood noted that a street marker and post could cost up to $100. If the ordinance were adopted, this could involve one sign per intersection, depending upon the length of the roadway. The adoption of the ordinance would not initiate any costs in signage. The intent of the ordinance is not to require homeowners to change their addresses. As property turns over or is redeveloped and rebuilt over the course of many years, the addressing and numbering system could be changed to make it more logical. It could take 30 years to accomplish. It is staff's intent to have the least impact upon the public. Mr. Livergood noted that one of the primary reasons for the change was a request from the City's emergency response personnel. Many times it is difficult to locate a particular address when the street numbering is inconsistent. 7756 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida February 8, 2005 Chairperson Heavilin noted that there was a $1,400 application fee for a vanity street name. She asked if this fee could be used to offset the costs of changing the signage and Mr. Livergood stated that it could be used for this purpose. Ms. Horenburger inquired if the fee could be equated to an impact fee and whether it could be challenged. Attorney Spillias responded that he had not researched this issue and he was not sure if there would be a requirement to use the funds in a particular district. Mr. Livergood pointed out that the City Attorney helped draft the new ordinance. Chairperson Heavilin asked if anyone in the audience wished to address this item. Since no one came forward, the public audience was closed. Motion Ms. Horenburger moved to forward the item on to the City Commission. Motion seconded by Mr. Barretta and carried 5-1 (Mr. Fenton dissenting). 9,1, Project: Agent: Location: Description: Medical or Scientific Research Uses in M-1 (CDRV 05-003) City-initiated N/A Request for amendment to the Land Development Regulations, Chapter 2, Zoning, Section 8, M-1 Industrial District, to allow as conditional uses, uses proposed as medical or scientific research which involve the use, treatment, storage, or processing of human or animal bodies, or body parts (ADDRESSED OUT OF ORDER) Mike Rumpf, Planning and Zoning Director, presented the item on behalf of staff. The Legal Department drafted the item in response to a recent zoning experience to address a void in the City's zoning regulations. Staff is proposing the creation of a new district identified as "Medical or Scientific Research" that would involve the use, treatment, storage or processing of human or animal bodies and their body parts. Currently the Code only allows uses specifically listed as permitted, conditional, or environmental type uses in the Code and prohibits uses not specifically listed as permitted uses. This change would allow staff to properly review this item and to allow this use; otherwise, the use could be prohibited in the Code by excluding it specifically and allowing it to be reviewed through the conditional use process on a case-by-case basis. 7757 Currently the Code allows two uses in the M-1 District that are not clearly defined. Those two uses are medical and dental laboratories and research and development laboratories that would allow the proposed uses without any restrictions or special review. Mr. Rumpf pointed out that the Board is only being asked to approve one use ? Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida February8,2005 that is written in italics in staff's report on page 1. Additional changes will be made to the Code to clarify Nos. 11 and 13 in the M-1 Regulations to specifically exclude those allowed uses. The intent is to have these uses allowed only through the conditional use process on a case-by-case basis. Motion Ms. Horenburger moved for approval. Motion seconded by Mr. Myott and unanimously carried. VII. Old Business A. Consideration of Assistant Director Employment Contract Mr. Hutchinson reported that at the last meeting the opportunity arose for consideration to hire Dale Sugerman as Assistant Director to the CRA. Mr. Hutchinson felt that this was a rare opportunity to hire a person with this amount of experience and knowledge. A contract offering the position to Mr. Sugerman is included in the agenda packet for Board approval. The first item is consideration of whether or not the Board wanted to move forward with the contract with Mr. Sugerman. Mr. Tillman felt it was premature to hire an Assistant Director since the Board had previously selected a date when it would be appropriate to bring an Assistant Director onboard. Mr. Tillman commended Mr. Sugerman for doing a good job as the City's Assistant City Manager and stated he was not addressing Mr. Sugerman's ability to fulfill this position. Mr. Tillman felt that the Board's priority should be to hire a Planner, who could eventually move in and fill some of those roles. Mr. Tillman would like to discuss this further at the retreat since they have not looked at the functions of other Assistant Directors in other cities. Mr. Fenton pointed out that the position had not been advertised, whereas all other jobs had been advertised. Mr. Fenton inquired if there was a legal procedure that required the position to be advertised, since they advertised for a Planner and received 25 applications. He further questioned the legality of offering the position to Mr. Sugerman without public advertising. Attorney Spillias responded that unless CRA Purchasing Policies made it an absolute requirement that no position could be filled without being advertised, to his knowledge there were no State requirements to advertise for these types of positions. Mr. Fenton added that it has been the CRA practice to advertise for positions in the past and this is an obvious departure from that policy. Attorney Spillias explained that from a legal standpoint, the mere fact that a position was advertised for in the past, does not require that it be done every time. 7758 Chairperson Heavilin pointed out that the reason they advertised to fill positions in the past was due to the fact that they did not have anyone available to meet the $ Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida February 8, 2005 qualifications of a position. She did not think that it was ever stated that jobs had to be posted. Attorney Spillias noted that in larger organizations there is usually a distinction between staff level employees and contract level management personnel. Mr. Hutchinson felt that there were some extenuating circumstances on hiring Mr. Sugerman, who is currently working for the City and the CRA is an agency of the City. Mr. Fenton did not see any "give and take" in the contract. He felt that it was all "take." He was not aware, nor did he think any other Board member was aware, of the $20,000 lump sum contribution into a 401K on behalf of Mr. Sugerman. Mr. Fenton felt that Mr. Sugerman did a much better job with negotiating the contract than Mr. Hutchinson. Mr. Hutchinson pointed out that when he originally discussed this with the Board, he informed the Board that there were many issues that he would be bringing back in contract form Mr. Tillman equated this to putting the cart before the horse, and he noted that the duties of the position have not been defined by the Board. He further pointed out that the salary offer was $97,850 and next year when the Director's salary is reviewed, in all probability the Director's salary would exceed the Assistant Director's salary. This would result in an additional cost. Mr. Tillman was opposed to making any decision tonight. It appeared to him that since the CRA is flush with money from the bond issue, everyone wants to take from the CRA. Mr. Tillman reminded the Board that the CRA is about building and they should follow their original schedule on when to bring in an Assistant Director. The Board should be setting the criteria for this position and he was against filing the position at this time. Mr. Myott inquired what the timeframe was for Mr. Sugerman's position with the City. He read in the newspaper that Mr. Sugerman was offered a position with Highland Beach. Mr. Myott felt that the Board was thinking too small in terms of what the CRA could do and he felt that they could accomplish a great deal more if they had more staff. Having Mr. Sugerman onbOard would take the CRA to another level. However, Mr. Myott agreed with Mr. Tillman that Mr. Sugerman needed an assignment in order to come onboard. He also felt that it would be an advantage to have an Assistant Director if anything should happen to Mr. Hutchinson. Mr. Myott inquired if there was enough time to work out the issues before Mr. Sugerman accepted any other offers. Mr. Hutchinson pointed out that there has been a job description for the CRA Assistant Director since inception of the CRA. He also provided a list of specific work assignments for this position. Mr. Tillman pointed out that this position was not to come on line until September 2006, to which Mr. Hutchinson agreed. Mr. Fenton noted that the pay scale for this position was included with the job description and the salary being offered Mr. Sugerman far exceeded the maximum pay scale. Mr. Fenton had a list of pay scales prepared by the Florida League of Cities for similar job functions in municipalities of comparable size and none of the salaries for these comparable positions were near the salary being offered Mr. Sugerman. The Assistant CRA Director in Delray Beach received $65,000 per year. 7759 9 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida February 8, 2005 When this was first presented to the Board, the City was going to make up the difference in pay, which has since been withdrawn. Mr. Hutchinson confirmed that this was correct. Mr. Fenton stated that since the City has withdrawn its offer, he could no longer support hiring Mr. Sugerman. Chairperson Heavilin felt that the salaries obtained from the Florida League of Cities were irrelevant without knowing several other factors. Ms. Horenburger did not feel that the CRA was large enough to support two executive salaries at approximately $100,000 per year. She acknowledged that staff could use additional help and noted that Mr. Sugerman had a great reputation, but she could not support hiring him at this time. She pointed out that the Assistant CRA Director in Delray Beach is also the Controller. Ms. Horenburger noted that the remainder of the Board was not apprised of the figures furnished to Mr. Fenton and she agreed with Messrs Tillman and Fenton. Ms. Horenburger could not support hiring Mr. Sugerman at this time. Mr. Barretta felt that Mr. Sugerman would be asset to the CRA with his background in the City and the credentials that he came with. Mr. Barretta noted that there was nothing in the presentation that would quantify hiring Mr. Sugerman and the costs savings associated therewith. Chairperson Heavilin felt that the CRA should not be locked into timetables set four years ago when there were only two employees. She pointed out the growth that has occurred over the past four years and did not think they should hold themselves to previous benchmarks. Considering the magnitude of work that staff processes, she felt that it would be appropriate to completely review the salary and benefit packages for the current staff. In order to get the best people, they must remain competitive. Chairperson Heavilin was in full support of hiring Mr. Sugerman. Ms. Horenburger was upset because she had asked for the information that Mr. Fenton was furnished and she had been informed that staff could not accommodate her request due to time constraints. Mr. Hutchinson explained that this information was just received tonight, and Ms. Vielhauer furnished copies to all Board members. Mr. Hutchinson would like to look at the entire salary and benefit system at the retreat. He acknowledged that if they hired Mr. Sugerman, it would rock the entire system out of order and the system would have to be adjusted. Mr. Myott did not think they could ever have an applicant of Mr. Sugerman's experience with this City. Mr. Henderson recommended waiting until they go to the retreat to rework the job descriptions and to discuss what direction they want to go. He noted that one of their responsibilities is to protect the taxpayers' money. 7760 Mr. Sugerman responded to Mr. Myott's question of when he could begin his duties as Assistant CRA Director. Mr. Sugerman stated that he could begin his duties with the CRA three to four weeks after signing the contract. 10 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida February 8, 2005 Mr. Barretta asked Mr. Sugerman to present his qualifications and what his responsibilities would be if he filled the position. Mr. Sugerman provided a list of tasks that Mr. Hutchinson requested he begin immediately as follows, including attending the retreat. He would be responsible for all of the on-the-ground construction and utility activities that the CRA is involved in; interface with the design construction firm that he has worked with for eight years; contract management services; oversight of CRA finance and marketing activities; acquisition of parcels being bundled in the Heart of Boynton project; the trolley system; the CRA police programs; development of a new relationship with the Boynton Marina; exploring the possibility of creating a wireless fidelity network in the City ( he brings with him 20 years of information technology); reviewing and/or implementing a compensation and classification study; conduct employee reviews; and staff training and development. Mr. Sugerman is completing his doctorate in leadership and is an adjunct faculty member at two universities. He could also provide training for the Board. Mr. Hutchinson pointed out that Mr. Sugerman is the CRA liaison for the acquisition of property under the HUD guidelines for the Martin Luther King acquisitions and he could also assist with the acquisition of other properties that would be coming up. Mr. Hutchinson also felt that Mr. Sugerman could help in many other areas. With regard to the job description for the Assistant CRA Director, Chairperson Heavilin felt that they should be amended as the CRA grows. Mr. Barretta pointed out that when Mr. Sugerman left the City, a void would be created. He felt there would be a great loss if Mr. Sugerman were not available to this Board and staff that could be a detriment to what they are trying to accomplish. As a result, he was in favor of offering Mr. Sugerman the contract. Mr. Tillman did not think that they could afford to pay Mr. Sugerman $97,000. He noted that they are going to be bringing Ms. Vivian Brooks on staff as the CRA Planner, which was on the agenda for action. Mr. Tillman felt that Ms. Brooks came with many of the same qualities as Mr. Sugerman at a far lower salary. Further, if Mr. Sugerman were going to be charged with so many tasks and responsibilities, what would Mr. Hutchinson's responsibilities be? Mr. Barretta felt that a new planner coming into the City could not offer what Mr. Sugerman could offer and if the right staff were not onboard, it could cost the CRA money. Chairperson Heavilin did not think that a planner's qualifications could be compared to Mr. Sugerman's qualifications. Mr. Fenton felt that the CRA is doing a great job and acknowledged that staff is working very hard to get things done. He felt that hiring a planner would be the next step to take that would be in accordance with the guidelines. 7761 11 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida February 8, 2005 Motion Mr. Myott moved to accept the offer of the Assistant Director Employment Contract for Dale Sugerman. Motion seconded by Mr. Barretta. The Recording Secretary called the roll and the motion failed 3-3 (Mr. Fenton, Ms. Horenburger and Mr. Tillman dissenting). Chairperson Heavilin inquired if there was room for further negotiating. Mr. Myott inquired if the item could be brought back when the full Board was present. Attorney Spillias pointed out that the prevailing side on the vote was the negative vote. If the exact same contract were brought back, it would have to be reconsidered. If a different contract were brought to the Board, it would be a new matter. VIII. New Business A. Consideration of Pay Scale for Planner Mr. Hutchinson reported that they received many applications for the Planner position and reviewed Ms. Brooks' qualifications. He noted that she could not be present due to prior commitments. Ms. Brooks' resume and qualifications were included in the agenda packet. He was confident that Ms. Brooks would fit in well with both the CRA and the City. Mr. Hutchinson noted that CRA Policy required that the Board must approve Ms. Brooks' pay scale. Mr. Hutchinson requested authorization to offer the position of Planner to Ms. Brooks at $55,000 annual salary. Motion Mr. Henderson moved to approve. Motion seconded by Mr. Fenton and unanimously carried. The motion carried 5-1 (Mr. Myott dissenting). IX. Commission Action Mr. Hutchinson reported that the parties to the site plan approval for Seaview Park Club have asked to have the City reconsider the site plan at the next Commission meeting. It appears that both sides have come to agreement and the project would be going forward. There was a compromise on the IPUD project and this would not be coming back to the Board for approval. Chairperson Heavilin inquired about the addendum from TUG. Mr. Hutchinson noted that one of the properties that the CRA purchased involved a vacant lot that could not be properly probated. The addendum addresses this and the estate will now be probated. The person named in the contract is only a partial heir and the other heirs have signed off. This will now provide clear title to the property. Mr. Hutchinson stated that no Board action was necessary. 7762 12 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida February 8, 2005 Ms. Horenburger asked for an update on the wayfinding signage situation with DOT and was informed that they are now reviewing it. The CRA has applied for a waiver and it appeared that one would be granted so the signs could be erected. Mr. Hutchinson announced that the CRA has been approved for a $250,000 Direct Transit Authority Federal Grant and the paperwork has been submitted. He anticipated that these funds would be received sometime in early July. This grant is in addition to the MPO grant. The funds could be used for operating expenses and is available annually. Mr. Hutchinson commended Ms. Vielhauer in her efforts for obtaining the grant. These funds, along with the additional $400,000 in TIF funds, will be included in the revised five-year forecast. Xl. Board Member Comments Chairperson Heavilin noted that a second signatory is needed for the CRA bank accounts. Mr. Hutchinson commented that the City Commission, at the last meeting in March, appoints the Chairperson and Vice Chair. After that meeting, those two officers would be the signatories on the bank accounts. Motion Mr. Myott nominated Henderson Tillman. Motion seconded by Ms. Horenburger and unanimously carried. Xll. Legal No report XlII. Other Items Ms. Horenburger would like Attorney Spillias to review the State's conflict of interest laws. She noted that there are realtors and architects serving on the Board that have conflicts. Ms. Horenburger sits on another board that received an opinion about "ongoing" conflicts and she would like to be provided with the definition of an "ongoing" conflict and whether this Board is different from other boards with regard to the ethics laws. Ms. Horenburger requested that the next time staff proposed to hold a retreat they obtain more Board input. Mr. Myott wanted to speak about the inferior quality of the elevations of the project that was scheduled to be heard by the Board tonight and asked Counsel if he could address this. Mr. Spillias stated that it would not be inappropriate to speak about the project keeping in mind that nothing discussed would go towards making a decision next month when the items come back to the Board. 7763 13 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida February 8, 2005 Mr. Hutchinson thought that staff's statements under conditions of approval need to be stronger in giving direction. He felt that working more closely with City staff could accomplish this. When the Board offers incentives for the larger CRA projects, the Board insists that the projects come back for any kind of additional approval. He would like this requirement to apply to all projects, regardless of size. He will be bringing this up at the retreat for discussion. Mr. Hutchinson pointed out that this is the first mixed-use Iow project for the Board to consider. He recommended that Board members individually meet with the developers to provide input before the meetings. If at any time a Board member would like to meet with a developer, they should let Mr. Hutchinson know. Mr. Barretta noted that staff comments for the project stated that the project was lacking architectural detail on all the facades that would be added and negotiated with staff. If the Board had approved the project tonight and then the developer went back and met with staff, the Board would have no idea what kind of architectural details had been agreed upon. Also, one of the comments recommended that the massing had to be amended. These kinds of general comments should not be acceptable and would render this Board's approvals meaningless. Mr. Barretta inquired if the CRA Planner would sit in on the TRC meetings and Mr. Hutchinson stated that she would, along with himself. Mr. Hutchinson felt it was important that the Board members have ample opportunity to review the projects prior to them being heard by the entire Board. Chairperson Heavilin requested that the CRA Planner comments be added to staff comments when the items come before the Board. Mr. Hutchinson stated that TRC would be adding a section for CRA staff conditional statements. XlV. Adjournment There being no further business, the meeting properly adjourned at 8:22 p.m. Respectfully submitted, Barbara M. Madden Barbara M. Madden Recording Secretary (February 10, 2005) 7764 14 Requested CRA Meeting Dates [] January 11,2005 [] February 8, 2005 March 8, 2005 [] April 12, 2005 [] May 10,2005 [] June 14, 2005 NATURE OF AGENDA ITEM BOYNTON BEACH CRA AGENDA ITEM REQUEST FORM DATE: January 30, 2005 Date Final Materials Must be Requested CRA Turned Meeting Dates into CRa. Office December 28, 2004 (Noon.) [] July 12, 2005 January 25, 2005 (Noon) [] August 9, 2005 February 22, 2005 (Noon) [] September 13, 2005 March 29, 2005 (Noon) [] October 11,2005 April 26, 2005 (Noon) [] November 8, 2005 May 31, 2005 (Noon) [] December 13, 2005 I Consent Agenda [] Old Business [] Director's Report [] New Business Date Final Materials Must be Turned int.__.qo CRA Office June 28, 2005 (Noon) July 26, 2005 (Noon) August 30, 2005 (Noon) September 27, 2005(Noon) October 25, 2005 (Noon) November 29, 2005 (Noon) [] Legal [] Future Agenda Items [] Other Item SUBJECT SUMMARY PARAGRAPH: January Financials are being presented to the CRA Board for approval. Attached is the Balance Sheet, Income Statement, Budget to Actual and Statement of Cash Flows. RECOMMENDATION: Staff is recommending approval of the Financials. EXPLANATION: (Background of the issue: Who, What, Where, When, How, Etc.) Financials are presented to the CRA Board for approval each month. FISCAL IMPACT: The Financial are presented according to GAPP and Budget. ALTERNATIVES: Not to approve the Financials. CRA Staff ~on, CRA Director Annett shares C:\Susan_shared files\memos\Memo CRA Agenda Item Request form - Financials 2.doc MEMO TO: CRA Board FROM: Susan Vielhauer SUBJECT: January Financials DATE: March 12, 2005 BOND PROCEED NOTES The CRA received $19,770,096.45 in bond proceeds on December 22, 2004, which were distributed as follows: · $17,592,444.54 was placed in the CRA SBA Account until the Construction and Bond Reserve funds were set up, · $1,948,325.11 was placed in the Money Market Account as reimbursement for CRA payments prior to receiving the bond proceeds, · $229,326.80 was paid in Bond Closing Cost. As per CRA Board direction, Julie Turner CRA Financial Advisor went out for bids for the Construction and Bond Reserve Funds accounts. Final bids were received on January 13, 2005; the following bids were accepted, Citigroup Financial Products Inc. with the highest bid of 3.14% Yield for the Construction Account and MBIA with the highest bid of 4.46% Yield for the Bond Reserve Account. On January 21, 2005, we closed on these accounts and transferred $15,895,751.00 into our Construction Account at Citigroup Financial Products and $1,707,250.00 in to our Bond Reserve Fund at MBIA. Susan's share C:\Susan shared files\memos\MEMOfinancialsl.doc INCOME STATEMENT NOTES We received $28,351.93 in interest for the month of January from the Money Market, Citigroup, MBIA and SBA Accounts. BALANCE SHEET NOTES Cash and Cash Equivalents include $30,885.63 Operating Account, $8,341,277.80 Money Market Account, $500 Petty Cash, $22,506.56 SBA Investment Account, $15,919,320.87 Construction Account and $1,709,365.09 Bond Reserve Account. Account Payable expenses of $61,037.26 will be paid in full by February 8th, 2005. 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 accounts as of the first of the month. Current Revenues received this month include $28,351.93 in interest. Currently the % of budget remaining should be 68% of the total approved budget. The following categories are below or above the 68% average by 10% or more due to the following reasons: 1. TIF Taxes - Over, payment is received one time a year. 2. Interest Income - Over due to interest on CRA Bond Proceeds, staff will be requesting a budget line item adjustment. 3. Other Income - Under, due to timing when grants are received. 4. Retirement 457 Plan - Under, due to only one employee participating at this time. 5. Workers Compensation - Over, due to expense are annual, staff will be requesting a budget line item adjustment due to the addition of new positions. 6. Legal Expense - Under, due to timing of billings for exiting and new Legal Staff. 7. Lobbying Expense- Under, due to account will be billed as used. Susan's share C:\Susan shared files\memos\MEMOfinancialsl .doc 8. City Staff- Under, due to timing issues on receiving the bills. 9. Audit Expense - Over, due to one time expense. 10. IT Support - Over, due to quarterly payments. 11. Office Leasehold & Moving - Over, due to costs that are a one-time expense. 12. Property/General Insurance - Over, due to costs that are a one-time expense. 13. Bond Insurance - Over, due to one time payment for a full year. 14. Professional Insurance - Over, due to one time payment for a full year. 15. Promotional/Business Meeting - Over, due to trip to Memphis, Tennessee for the Arches Project, staff will be requesting a budget line item adjustment. 16.Associations Meetings/Seminars - Over, due to IDA Conference and CRA Naples Retreat, staff will be requesting a budget line item adjustment. 17. Mileage/Delivery - Over, due to increased amounts of information and packages being sent over night. Staff has researched alternatives to lowering the cost and have selected UPS, which shall reduce each shipping cost by 15% or more. Staff will be requesting a budget line item adjustment. 18. Office Equipment/Furniture - Over, due to one time expense to move office and set up new positions. 19. Office Supplies - Over, due to increase in staff and work materials needed. 20. Office Expense - Under due to timing of purchases. 21. Membership/Subscriptions - Over, due to timing of subscription renewals. 22. Books/Publications - Over, due to timing of purchases. 23.Advertising/Legal Notices - Over, due to timing of Advertisements or Legal Notices placed, staff will be request a budget line item adjustment. 24. Newsletter- Under, due to newsletters are quarterly. Staff is in the process of producing the newsletter now. 25. Miscellaneous - Over, due to CRA contributing to Palm Beach County Days. Staff will be requesting a budget transfer. 26. Debt Services - Under, due to semi-annual payments. 27. Bond Issuance Cost - Over, due to timing decision to acquire bonds was made after budget was adopted and bond cost were unknown, staff is requesting a budget line item adjustment. Susan's share C:\Susan shared files\memos\MEMOfinancialsl.doc 28.TransportationFfrolley- Under, due to Trolley Program is being developed at this time. 29. FaCade Grants - Under, due to existing grants are not completed at this time. Approved Fa~;ade Grants Delray-Boynton Academy Colonial Condo Assoc, Sailfish Realty First Baptist Church 30. Economic Development Grants completed at this time. Approved Economic Grants Yellow Beard D/B/A Boynton Seafood Delray-Boynton Academy $15,000 $15,000 $ 9,226.17 $15,000 - Under, due to existing grants are not $10,000 $50,000 31. Projects - Under due to timing of projects. Susan's share C:\Susan_shared files\memos\MEMOfinancialsl .doc Community Redevelopment Agency of Boynton Beach Balance Sheet Government Funds January 31, 2004 Total Community Redevelopment ASSETS Cash and Cash Equivalents Receivables Prepaid Expenses Bond Issuance Cost Fixed Assets Real Estate Relax Inn RiverWalk / Promenade / BBB Extension RiverWalk / Promenade / Land MLK Accumulated Depreciation- Fixed Assets Work in Progress Assets Relax Inn RiverWalk / Promenade / BBB Extension RiverWalk / Promenade / Land MLK Total Work in Progress Assets Furniture / Equipment Accumulated Depreciation-Furn./Equip Total Assets LIABILITIES AND FUND BALANCES Liabilities: Accounts Payable Accrued Liabilities Note Payable Bonds Payable Total Liabilities Fund Balances: General Fund Change in Fund Balance Total Fund Balances Total Liabilities and Fund Balances 26,023,855.95 76,072.87 4,725.09 335,233.77 $ $ $ 869,209.96 $ 783,796.25 $ 109,001.66 $ (21,281.45) $ 28,180,614.10 $ 61,037.26 $ 29,420.10 $ 2,752,345.10 $ 19,770,096.45 $ 22,612,898.91 $ 2,475,322.89 $ 3,092,392.30 $ 5,567,715.19 $ 28,180,614.10 Income Statement January 2005 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 Current Month Income and Expenses $2,418,335.02 $2,418,335.02 $o.oo $o.oo $o.oo $o.oo $63,015.45 $63,015.45 $500.00 $500.00 $2,481,850.47 October - December Income and Expenses $1,453,281.00 $1,453,281.00 $o.oo $o.oo $o.oo $o.oo $28,351.93 $28,351.93 $4,415. O0 $4,415.00 $1,486,047.93 Total YTD Approved and Unapproved Income/Expenses $3,871,616.02 $3,871,616.02 $0.00 $0.00 $0.00 $0.00 $91,367.38 $91,367.38 $4,915.00 $4,915.00 $3,967,898.40 Income Statement January 2005 Use of Funds Debt Service Debt Service Principal Payment Interest Expense Payment Bond Princial Payment Bond Interest Payment Total Debt Service Program Expenses Web Site Updates / Expansion Printing & Promotional Programs Police Programs Transportation / Trolley Festivals / Events / Bus. Programs High School Project Fa(~ade Grant Program Economic Incentive Program Miscellaneous Programs Total Program Expenses Project Expenses Riverwalk / Promenade Project HOB Commercial / Improvements Way-Finding Signage Marina Parking Garage CBD Parking Site Savage Creatures Complex Miscellaneous Projects Total Projects Expenses General & Administrative Salaries & Contract Labor Payroll Tax Disability Retirement 457 Plan Accrued Time Off Workers Compensation Health Insurance Life Insurance Professional Fees - Audit Professional Fees - City Staff Professional Fees - Contracted Services Professional Fees - Legal Professional Fees - Maint. & Cleaning Professional Fees - IT Support Rent Expense Telephone Expense Electric Expense Equipment Leases Office Leasehold Improvements Current Month Income and Expenses $0.00 $o,oo $o.oo $o.oo $0.00 $642.00 $o.oo $26,471.84 $2o.oo ($511.18) $o.oo $15,000.00 $10,219.00 $o.oo $15,000.00 $0.00 $5O.OO $o.oo $o.oo $o.oo $o.oo $6,635.00 $6,685.00 $20,042.32 $1,855.01 $165.53 $200.00 $131.42 $132.39 $2,898.47 $o.oo $5,9OO.OO $0.00 $39,440.43 $1,051.6O $541.45 $3,000.00 $1,600.00 $689.94 $172.44 $392.5O $35O.OO October - December Income and Expenses $0.00 $o.oo $o.oo $o.oo $0.00 $619.70 $1,807.90 $58,407.20 $2,646.80 $49,132.00 $o.oo $12,800.00 $o.oo $o.oo $12,800.00 $369,864.09 $10,004.83 $o.oo $o.oo $o.oo $o.oo $o.oo $379,868.92 $61,742.05 $3,725.43 $528.O8 $68O.OO $2,517.32 $397.17 $3,525.72 $214.23 $o.oo $358.46 $69,199.04 $14,873.77 $866.50 $6,299.25 $6,400.00 $1,497.21 $448.40 $1,088.45 $2,98O.96 Total YTD Approved and Unapproved Income/Expenses $0.00 $o.oo $o.oo $o.oo $0.00 $1,261.70 $1,807.90 $84,879.O4 $2,666.80 $48,62O.82 $0.00 $27,800.00 $10,219.00 $o.oo $177,255.26 $369,864.09 $10,054.83 $0.00 $0.00 $o.oo $o.oo $6,635.OO $386,553.92 $81,784.37 $5,58O.44 $693.61 $88O.OO $2,648.74 $529.56 $6,424.19 $214.23 $5,9OO.OO $358.46 $108,639.47 $15,925.37 $1,407.95 $9,299.25 $8,000.00 $2,187.15 $620.84 $1,480.95 $3,33O.96 Income Statement January 2005 Property / General Insurance Bonding Insurance Professional Insurance Promotional / Business Meeting CRA Meeting / Presentation Association Meeting Seminars Mileage & Delivery Services Car Allowance Director Office Supplies Office Expense Office Equipment/Furniture Licenses, Fees, Permits Membership, Subscriptions Books & Publications Advertising Expense Career Development Office Printing Marketing and Promotions Miscellaneous Depreciation Expense Interest Expense Total General & Administrative Total Application of Funds Fund Sources in Excess of Application Current Month Income and Expenses $77.64 $27.16 $206.66 $441.54 $3,367.00 $20.00 $76.35 $384.22 $287.26 $3,508.28 $180.81 $697.07 $189.35 $333.45 $58.o8 $1,959.65 $o.oo $127.00 $0.00 $o.oo $14,413.48 $o.oo $104,918.50 $126,603.50 $2,355,246.97 October - December Income and Expenses $214.34 $51.64 $559.84 $4,761.79 $o.oo $158.75 $4,407.13 $272.81 $994.24 $3,358.47 $89.5O $6,302.78 $18o.o8 $1,731.62 $641.92 $1,006.59 $190.00 $118.63 $0.00 $2,54O.OO $1,793.56 $62.69 $206,778.42 $599,447.34 $886,600.59 Total YTD Approved and Unapproved Income/Expenses $291.98 $78.80 $766.5O $5,2O3.33 $3,367.OO $178.75 $4,483.48 $657.03 $1,281.50 $6,866.75 $270.31 $6,999.85 $369.43 $2,O65.07 $7oo.oo $2,966.24 $190.00 $245.63 $o.oo $2,54O.OO $16,207.04 $62.69 $311,696.92 $875,506.10 $3,092,392.30 Budget to Actual Comparison Community Redevelopment Agency of Boynton Beach January 31,2004 Amended Year To Current 2004/2005 2004~2005 Date Period Budget Budget Totals January Beginning Balance 2,911,982.00 3,668,203.00 3,668,20300 21,603,353.71 P*,,enues ~xes 3.467,422.o0 3,467,422,00 1,453,281.00 2,418,335 02 3,871,616~02 Proceeds 0 O0 17,716,868.00 17,833,519.65 0.00 17,833,519~65 (~rant Funding 0.00 0.00 0.00 0.00 0.00 Interest Income -33,548.00 195,215.00 28,351.93 63,015.45 91,367 38 Other Income 304,604 00 304,604.00 4.415.00 500.00 4,915 00 Total Revenue 6,650,460.00 25,352,312.o0 22,987,770.58 24,085,204.18 25,469,621.05 Expenditures Personel Cost Salary Expense 223,566.00 258,566.00 61,742,05 20,042.32 81,784.37 Payroll Taxes 16,767 00 19,39200 3,725 43 1,85501 5,580.44 Retirement 457 Plan 11,178.00 11,17800 680 00 200.00 88000 Shod Term / Long Term Disability 2,03800 2,468.00 528.08 16553 693.61 Workers Comp 1,824 00 2,280 00 768.28 1,626 84 2,395 12 Health insurance 23,85200 29,81500 3,525.72 2,89847 6,424.19 Life insurance 861.00 1,031.00 214.23 Q00 214.23 Total Personel Cost 280,086.00 324,730.00 71,185.79 26,788.17 97,971.96 Professional Services Legal 75,000.00 175.000.00 14.873 77 1,051 60 15,925.37 Lobbying - State & Federal 000 30,000.00 0.00 0.00 0.00 City Staff 7,50000 7,500.00 358.46 0.00 358.46 Contracted Services 220,000.00 505,233.00 69.199.04 39,44043 108,639.47 Audit 8,50000 8,500.00 0.00 5.900.00 5,900.00 I.T. Suppo~ 16,00Q00 20,415.00 6,29925 3,00000 9,299.25 Total Professional Services 327,000.00 746,648.00 90,730.52 49,392.03 140,122.55 Office Rent Expense 19,200.00 19,20000 6,40000 1,60000 8,000.00 Maint & Cleaning 4,10000 4,100.00 866.50 54145 1,407.95 Office Leasehold & Moving 750.00 3,942.00 2,98096 35000 3,33096 Phone Expense 8,500.00 8,500.00 1,49721 689 94 2,187.15 Electric Expense 2,160 00 2,160.00 448 40 172 44 620.84 Office Total 34,710.00 37,902.00 12,193.07 3,353.83 15,546.90 Equipment Leases Expenses 4,500.00 4,500.00 1,088.45 392.50 1,480.95 Insurance ProperS//General Insurance 2,051.00 2,051 00 1,146 12 0~00 1,146.12 ~/Liability Insurance 400.00 40000 370 69 0 00 370.69 ;sional Insurance 4,049.00 4,04900 2,48000 000 2,480 00 .nce Total 6,500.00 6,500.00 3,996.81 0.00 3,996.81 Travel / Entertainment Expense Promotional/Business Meetings 0.00 4,500 00 4,761 79 441.54 5,20333 CRA Meeting / Presentation 0.00 2,150 00 000 3,367.00 3,367D0 Association Meeting & Seminars 0.00 11,222 00 4,565 88 96.35 4,66223 Mileage & Delivery Services 1,08000 1,08000 272 81 384.22 65703 Car Allowance- Director 3,70800 3,708.00 99424 287.26 1,281 50 Total Travel Expenses 4,788.00 22,660.00 10,594.72 4,576.37 15,171.09 Office Supplies Office Equipment/Furniture 0 00 13,427.00 6,302.78 697.07 6,999.85 Office Expense 1,50000 1,500.00 89,50 180.81 270.31 Office Supplies 9,500.00 9,50000 3,358.47 3,508 28 6,866.75 Total Office Supplies 11,000.00 24,427.00 9,750.75 4,386.16 14,136.91 Licenses, Books, Publication Licenses/Fees/Permits 1,250.00 1,250.00 18Q08 18935 36943 Membership/Subscriptions 3,984.00 3,984.00 1,731.62 333 45 2,065.07 Books/Publications 1,000.00 1,000 O0 641.92 58.08 700.00 Total Licenses, Books, Publication 6,234.00 6,234.00 2,553.62 580.88 3,134.50 Advertising & Public Notices 1,500.00 1,500.00 1,006.59 1,959.65 2,966.24 Career Development 0.00 3,000.00 190.00 0.00 190.00 Office Printing. Expense Office Pdnting 2,500 00 2,500.00 118.63 127.00 245 63 Newsletter 2,500.00 2,500.00 0 00 0.00 0 00 Printing - Annual Reports, Brochures 0 O0 15,000.00 1,807.90 0.00 1,807.90 Total Office Printing Expense 5,000.00 20,000.00 1,926.53 127.00 2,053.53 Miscellaneous Expense 1,000.00 1,000.00 2,602.69 0.00 2,602.69 YTD 04105 % of Totals Including Budget Budget Current Month Remaining Remaining 3,668.203.00 0.00 0% 0.00 0% 000 0% 103,847.62 53% 299,689.00 98% 403,536.62 176,78163 68% 13,81156 71% 10,29800 92% 1,77439 72% -115.12 -5% 23,39081 78% 81677 79% 226,758.04 81% 159,074.63 91% 30,000 O0 100% 7,141.54 95% 396,593.53 78% 2,600.00 31% 11,115.75 54% 606,525.45 81% 11,20000 58% 2,69205 66% 611.04 16% 6,312.85 74% 1,539.16 71% 22,355.10 59% 3,019.05 67% 904.88 44% 29 31 7% 1,569 00 39% 2,503.19 39% -70333 -16% -1,217.00 -57% 6,559.77 58% 42297 39% 2,42650 65% 7,488.91 33% 6,427 15 48% 1,229.69 82% 2.633 25 28% 10,290.09 42% 880.57 70% 1,918.93 48% 300.00 30% 3,099.50 50% -1,466.24 -98% 2,810.00 94% 2,254.37 90% 2,500.00 100% 13,19210 88% 17,946.47 90% -1,602.69 -160% Debt Service Principal Payment Interest Expense Debt (P&I) '~ Issuance Cost )ebt Service Operating Expense 2004~2005 Budget 134,925.23 182,372.73 0.00 0.00 317,297.96 999,615.96 Amended 2004/2005 Budget 134,92523 182,37273 429,308.00 0.00 746,605.96 1,945,706.96 Budget to Actual Comparison Year To Date Totals 000 000 0.00 273,326 8O 273,326.80 481,144.34 Current Period Janua~ 0.00 0 00 0.00 61,906 97 61,906.97 153,463.56 YTD Totals including Current Month 0.00 000 0.00 335,23377 335,233.77 634,607.90 04/05 % of Budget Budget Remaining Remaining 134,925.23 100% 182,372.73 100% 429,308.00 100% -335,233.77 0% 411~372.19 55% 1,293,152.59 PROGRAMS Web Site Update/Expansion Police oortation / Trolley nbly & Redevelopment Single Family Residental Festivals/Events/Dec/Bus. Program Fa~:ade Grants EconomicOevelopment Grants PROJECTS CRA Office Space BBB/Land/Riverwalk / Promanade HOB Commercial / Improvements Way-Finding Signage Marina Parking Garage Town Square Project Savage Creatures Complex Miscellaneous Projects TOTALS EXPENSES Total Reserve Balance Before Debt Reserve Balance Reserve Balance on Bonds TOTAL RESERVE BALANCE 2O04/20O5 Budget 5,000.00 350,000.00 471,966.00 0 O0 0 O0 51,025.00 181,118.00 18,882.00 000 2,910,492.00 684,457.00 000 750,000.00 000 000 0.00 6,422,555.96 227,904.04 250,000 O0 0.00 -22,095.96 Amended 2004/2005 Budget 19,37800 557,368 O0 471,966.00 90,000 00 100,000.00 66,025 00 181,118.00 185,000.00 150,00000 5,535,172.00 2,000,000.00 58,46500 750,000.00 50,000.00 175,00000 55,000.00 12,390,198.96 12,962,113 04 503,527 O0 0.00 12,458,586.04 Budget to Actual Comparison Year To Date Totals 6t9 70 132,217 04 2,646 8O 0 00 000 49,132.00 12,800~00 000 0.00 369,864.09 335,992.90 0.00 0.00 000 000 0.00 1,384,416.87 21,603,35371 503,527 00 1,707,250 00 21,603,353 71 Current YTD 03/04 % of Pedod Totals Including Budget Budget Januar,/ Current Month Remaining Remaining 64200 1,261.70 18,116.30 93% 26,471.84 158,688.88 398,679.12 72% 20.00 2,66680 469,299 20 99% 000 0.00 90,000,00 100% 000 000 100,00000 100% -511.18 48,620 82 17,404 18 26% 15,000.00 27,800.00 153,31800 85% 10,219.00 10,219 00 174.781 00 94% 0.00 000 17,68960 0.00 0.00 0.00 0.00 6,635.00 229,629.82 23,855,574.36 000 0.00 23,855,574.36 0.00 369,864.09 353,682.50 0.00 000 0.00 000 6,63500 1,614,04669 23,855.57436 503,527~00 1,707.25000 23,855.57436 150,00000 100% 5,165,30791 93% 1,646,31750 82% 58,46500 100% 750,00000 100% 50,00000 100% 175,000 00 100% 48,36500 88% 10,758,205 80 L- STATEMENT OF CASH FLOWS BEGINNING CASH BALANCE REVENUES · erest Income Sun Trust SBA, money market, Citigroup, MBIA Total Interest Income TIF Tax Increment Refund on overpayment to County Tax Increment Check City Total TIF TOTAL REVENUES EXPENDITURES Salaries Expense Payroll Week #1 Payroll Week #2 Texas Child Support Unit Texas Child Support Unit FUTA Taxes 941 Payroll Taxes January 941 Payroll Taxes January 941 Payroll Taxes December Total Salaries Expense Health Insurance Comp Dent Corporation Aetna - February ~,etna - January , ~tal Health Insurance Short Term/Long Term Disability The Principal Financial Group - February Total Short Term/Long Term Disability Life Insurance Expense First Colony Life Insurance Total Life Insurance Expense Retirement Lord Abbot Lord Abbot Total Retirement Expense Professional Fees - Legal Lewis, Longman & Walker Lewis, Longman & Walker Total Professional Fees - Legal Professional Fees - Contracted The RMPK Group RBC Dain Rauscher Total Professional Fees - Contracted Professional Fees - Maint. & Cleaning Green Team Pest \lan Business Machines Royal Office Cleaning Total Professional Fees - Maint. & Cleaning Electric Expense h't $ 14,680.45 $ 48,335.00 $ (1,425.00) $ 2,419,760.02 $ 6,506.13 $ 7,054.93 $ 461.54 $ 461.54 $ 287.58 $ 2,938.55 $ 3,015.39 $ 2,199.41 $ 39.36 $ 2,201.70 $ 1,790.00 $ 165.53 $ 71.41 $ 200.00 $ 200.00 $ 21,676.35 $ 1,051.60 $ 5,200.00 $ 11,664.61 $ 20.00 $ 75.00 $ 240.00 $ 224.85 $ 63,015.45 $ 2,418,335.02 $ 22,925.07 $ 4,031.06 $ 165.53 $ 71.41 $ 400.00 $ 22,727.95 $ 16,864.61 $ 335.00 $ 23,763,728.52 $ 2,481,350.47 Tota Electric Expense Rent Leon Struck Total Rent --lephone FDN Bell South -January Cingular Wireless Total Telephone Expense Bond Issuance Cost Image Master Standard & Poor's Moody's Investors Service Total Bond Issuance Cost Promotional/Business Meetings SunTrust Visa Business Meeting FGFOA Meeting Inn at 5th Petty Cash Business Meeting Total Promotional/Business Meetings Mileage & Delivery Fed Express Total Mileage & Delivery Membership/Subscriptions/Fees The Chronicle of Philanthropy Total Membership/Subscriptions/Fees Jipment Rental Imagist/cs - Total Equipment Rental Insurance Florida Retal Federation Total Insurance Advertising Sun Sentinel Palm Beach Post (RFP, RFQ, Employment) Total Advertising Office Supplies Aqua Springs Water & Coffee Delray Blue Print Sun Trust Visa Pitney Bowes Total Office Supplies Office Equipment Office Depot Dell Marketing LP Superb Signs Inc Total Office Equipment Grant Programs ~nnovation Window Concepts 8,oynton Beach LLC Total Grant Programs Festivals/Events/Bus. Programs SunTrust Visa ( Winter Carnival, State of CRA) Sponsorship $ 1,600.00 $ 447.32 $ 220.00 $ 68.50 $ 4,970.85 $ 13,000.00 $ 13,250.00 $ 1,052.94 $ 2o.oo $ 3,367.00 $ 280.63 $ 279.05 $ 59.97 $ 343.00 $ 1,626.84 $ 128.63 $ 1,102.02 $ 49.50 $ 2o.oo $ 2oo.oo $ 324.75 $ 506.48 $ 2,475.76 $ 8.4O $ 24,839.00 $ 15,000.00 $ 800.00 $ (500.00) 224.85 1,600.00 735.82 31,220.85 4,720.57 279.05 59.97 343.00 1,626.84 1,230.65 594.25 2,990.64 39,839.00 Total Grant Programs Office Lease Hold Improvement/Moving Keith Ellis Total Office Lease Hold Improvement/Moving lice Program Motorola Gene Moore Rent Richwagen's Delray Bike & Sport Special Products Group Law Enforcement Supply Stop Stick LTD City of Boynton Beach Police Royal Office Cleaning Communications Services of South Florida Kustom Signals, Inc Total Police Program Projects Reelization, Inc. Total Projects Web Development & Implementation Jack of Arts- Maintenance Total Web Development & Implementation HOB Goren, Cherof, Doody & Ezrol PA The Urban Group Total HOB TOTAL EXPENDITURES T~_. AL REVENUES OVER EXPENDITURES $ 300.00 $ 20,912.00 $ 1,092.00 $ 14.27 $ 1,151.80 $ 700.00 $ 751.70 $ 21,139.63 $ 50.0O $ 150.00 $ 11,070.00 $ 6,635.00 $ 642.00 $ 3,278.52 $ 5o.oo $ 300.00 $ 300.00 $ 57,031.40 $ 6,635.00 $ 642.00 $ 3,328.52 $ 221,223.04 $ 26,023,855.95 BOYNTON BEACH CRA AGENDA ITEM REQUEST FORM Requested CRA Date Final Materials Must be Requested CRA Meeting Dates Turned Meeting Dates into CRA Office [] January 11,2005 December 28, 2004 (Noon.) [] July 12, 2005 [] February 8, 2005 January 25, 2005 (Noon) [] August 9, 2005 I March 8, 2005 February 22, 2005 (Noon) [] September 13, 2005 [] April 12, 2005 March 29, 2005 (Noon) [] October 11,2005 [] May 10, 2005 April 26, 2005 (Noon) [] November 8, 2005 [] June 14, 2005 May 31,2005 (Noon) [] December 13. 2005 Date Final Materials Must be Turned int.~.qo CRA Office June 28, 2005 (Noon) July 26, 2005 (Noon) August 30, 2005 (Noon) September 27, 2005(Noon) October 25, 2005 (Noon) November 29, 2005 (Noon) NATURE OF · Consent Agenda [] Old Business [] Legal AGENDA ITEM [] Director's Report [] New Business [] Future Agenda Items [] Other Item DATE: March 14, 2005, 2005 SUBJECT SUMMARY PARAGRAPH: February Financials are being presented to the CRA Board for approval. Attached is the Balance Sheet, Income Statement, Budget to Actual and Statement of Cash Flows. RECOMMENDATION: Staff is recommending approval of the Financials. EXPLANATION: (Background of the issue: Who, What, Where, When, How, Etc.) Financials are presented to the CRA Board for approval each month. FISCAL IMPACT: The Financial are presented according to GAPP and Budget. ALTERNATIVES: Not to approve the Financials. CRA Staff Douglas Hutchinson, CRA Director Annett shares C:\Susan_shared files\memos~Memo CRA Agenda Item Request form - Financials 2.doc MEMO TO: CRA Board FROM' Susan Vielhauer SUBJECT: February Financials DATE: March 12,2005 INCOME STATEMENT NOTES We received $53,027.08 in interest for the month of January from the Money Market, Citigroup, MBIA and SBA Accounts. BALANCE SHEET NOTES Cash and Cash Equivalents include $395,070.52 Operating Account, $7,691,026.81 Money Market Account, $500 Petty Cash, $22549.71 SBA Investment Account, $15,951,209.51 Construction Account and $1,715,710.37 Bond Reserve Account. Account Payable expenses of $39354.05 will be paid in full by March 8th, 2005. 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 accounts as of the first of the month. Current Revenues received this month include $53,027.08 in interest. Currently the % of budget remaining should be 60% of the total approved budget. The following categories are below or above the 60% average by 10% or more due to the following reasons: Susan's share C:\Susan_shared files\memos\MEMOfinancialsl .doc 1. TIF Taxes - Over, payment is received one time a year. 2. Interest Income - Over due to interest on CRA Bond Proceeds, staff will be requesting a budget line item adjustment. 3. Other Income - Under, due to timing when grants are received. 4. Retirement 457 Plan - Under, due to only one employee participating at this time. 5. Workers Compensation - Over, due to expense are annual, staff will be requesting a budget line item adjustment due to the addition of new positions. 6. Health Insurance - Under, due to timing of billing. 7. Legal Expense - Under, due to timing of billings for exiting and new Legal Staff. 8. Lobbying Expense - Under, due to account will be billed as used. 9. City Staff- Under, due to timing issues on receiving the bills. 10.Audit Expense - Over, due to one time expense. 11. IT Support - Over, due to quarterly payments. 12. Office Leasehold & Moving - Over, due' to costs that are a one-time expense. 13. Property/General Insurance - Over, due to costs that are a one-time expense. 14. Bond Insurance - Over, due to one time payment for a full year. 15. Professional Insurance - Over, due to one time payment for a full year. 16. Promotional/Business Meeting - Over, due to trip to Memphis, Tennessee for the Arches Project, staff will be requesting a budget line item adjustment. 17.Associations Meetings/Seminars - Over, due to IDA Conference and CRA Naples Retreat, staff will be requesting a budget line item adjustment. 18. Mileage/Delivery - Over, due to increased amounts of information and packages being sent over night. Staff has researched alternatives to lowering the cost and has selected UPS, which shall reduce each shipping cost by 15% or more. Staff will be requesting a budget line item adjustment. 19. Office Equipment/Furniture - Over, due to one time expense to move office and set up new positions. 20. Office Supplies - Over, due to increase in staff and work materials needed. 21. Membership/Subscriptions - Over, due to timing of subscription renewals. 22. Books/Publications - Over, due to timing of purchases. Susan's sh~re C:\Sus~n_sh~red files\mernos\MEMOfin~nci~lsl .doc 23.Advertising/Legal Notices - Over, due to timing of Advertisements Notices placed, staff will be request a budget line item adjustment. 24. or Legal Newsletter - Under, due to newsletters are quarterly. Staff is in the process of producing the newsletter now. 25. Printing - Annual Report & Brochures are produced annually. 26. Miscellaneous - Over, due to CRA contributing to Palm Beach County Days. Staff will be requesting a budget transfer. 27. Debt Services - Under, due to semi-annual payments. 28. Bond Issuance Cost - Over, due to timing decision to acquire bonds was made after budget was adopted and bond cost were unknown, staff is requesting a budget line item adjustment. 29. Transportation/Trolley - Under, due to Trolley Program is being developed at this time. 30. Fa~;ade Grants - Under, due to existing grants are not completed at this time. Approved Fa~:ade Grants Delray-Boynton Academy Colonial Condo Assoc. Sailfish Realty First Baptist Church 31.Economic Development Grants completed at this time. Approved Economic Grants Yellow Beard D/B/A Boynton Seafood Delray-Boynton Academy $15,000 $15,000 $ 9,226.17 $15,000 - Under, due to existing grants are not $10,000 $5O,OOO 32. Projects - Under due to timing of projects. Susan's share C:\Susan_shared files\mernos\MEMOfinancialsl .doc Community Redevelopment Agency of Boynton Beach Balance Sheet Government Funds February 28, 2004 Total Community Redevelopment ASSETS Cash and Cash Equivalents Receivables Prepaid Expenses Bond Issuance Cost Fixed Assets Real Estate Relax Inn RiverWalk / Promenade / BBB Extension RiverWalk / Promenade / Land MLK Accumulated Depreciation- Fixed Assets Work in Progress Assets Relax Inn RiverWalk / Promenade / BBB Extension RiverWalk / Promenade / Land MLK Total Work in Progress Assets Furniture / Equipment Accumulated Depreciation-Furn./Equip Total Assets LIABILITIES AND FUND BALANCES Liabilities: Accounts Payable Accrued Liabilities Note Payable Bonds Payable Total Liabilities Fund Balances: General Fund Change in Fund Balance Total Fund Balances Total Liabilities and Fund Balances $ 25,776,066.92 $ - $ 4,281.24 $ 336,524.77 $ 869,209.96 $ - $ - $ 800,397.00 $ 109,001.66 $ (35,694.93) $ 27,859,786.62 $ 39,354.05 $ 30,860.12 $ 2,752,345.10 $ 19,770,096.45 $ 22,592,655.72 $ 2,475,322.89 $ 2,791,808.01 $ 5,267,130.90 $ 27,859,786.62 Income Statement Revenue Tax Increment Funds Tax Increment Funds: Total Tax Increment Funds City Funds City Transfer Funds Total City Funds Grants, Project Reimbursements Grant Funding Total Grants and Projects Interest Income Interest Income Total Interest Income Other Income Other Income Total Other Income Total Sources of Funds Current Month Income and Expenses $0.00 $o.oo $o.oo $o.oo $o.oo $o.oo $53,027.08 $53,027.08 $75.oo $75.oo $53,102.08 October - December Income and Expenses $3,871,616.02 $3,871,616.02 $o.oo $o.oo $o.oo $o.oo $91,367.38 $91,367.38 $4,915.00 $4,915.00 $3,967,898.40 Total YTD Approved and Unapproved Income/Expenses $3,871,616.02 $3,871,616.02 $o.oo $o.oo $o.oo $o.oo $144,394.46 $144,394.46 $4,990.00 $4,990.00 $4,021,000.48 Income Statement Use of Funds Debt Service Debt Service Principal Payment Interest Expense Payment Bond Princial Payment Bond Interest Payment Total Debt Service Program Expenses Web Site Updates / Expansion Printing & Promotional Programs Police Programs Transportation / Trolley Festivals / Events / Bus. Programs High School Project Fa~;ade Grant Program Economic Incentive Program Miscellaneous Programs Total Program Expenses Project Expenses Riverwalk / Promenade Project HOB Commercial / Improvements Way-Finding Signage Marina Parking Garage CBD Parking Site Savage Creatures Complex Miscellaneous Projects Total Projects Expenses General & Administrative Salaries & Contract Labor Payroll Tax Disability Retirement 457 Plan Accrued Time Off Workers Compensation Health Insurance Life Insurance Professional Fees - Audit Professional Fees - City Staff Professional Fees - Contracted Services Professional Fees - Legal Professional Fees - Maint. & Cleaning Professional Fees - IT Support Rent Expense Telephone Expense Current Month Income and Expenses $0.00 $o.oo $o.oo $0.00 $0.00 $0.00 $o.oo $22,994.25 $o.oo $178.58 $15,000.00 $o.oo $o.oo $15,000.00 $31,714.95 $o.oo $o.oo $157,5OO.OO $0.00 $20.00 $0.00 $189,234.95 $19,027.71 $1,489.67 $165.53 $360.00 $1,545.26 $132.39 $39.36 $71.41 $1,5OO.OO $600.69 $48,745.32 $20,515.96 $18O.OO $o.oo $1,600.00 $591.91 October - December Income and Expenses $0.00 $o.oo $o.oo $o.oo $0.00 $1,261.70 $1,807.90 $84,879.04 $2,666.80 $48,620.82 $27,800.00 $10,219.00 $o.oo $27,800.00 $369,864.09 $10,054.83 $o.oo $o.oo $o.oo $o.oo $6,635.00 $386,553.92 $81,784.37 $5,580.44 $693.61 $88o.oo $2,648.74 $529.56 $6,424.19 $214.23 $5,900.00 $358.46 $108,639.47 $15,925.37 $1,407.95 $9,299.25 $8,000.00 $2,187.15 Total YTD Approved and Unapproved Income/Expenses $0.00 $o.oo $o.oo $o.oo $0.00 $1,261.70 $1,807.90 $107,873.29 $2,666.80 $48,799.40 $o.oo $42,800.00 $10,219.00 $o.oo $215,428.09 $401,579.04 $10,054.83 $o.oo $157,500.00 $0.00 $2o.oo $6,635.00 $575,788.87 $100,812.08 $7,070.11 $859.14 $1,240.00 $4,194.00 $661.95 $6,463.55 $285.64 $7,400.00 $959.15 $157,384.79 $36,441.33 $1,587.95 $9,299.25 $9,600.0O $2,779.06 Electric Expense Equipment Leases Office Leasehold Improvements Property / General Insurance Bonding Insurance Professional Insurance Promotional / Business Meeting CRA Meeting / Presentation Association Meeting Seminars Mileage & Delivery Services Car Allowance Director Office Supplies Office Expense Office Equipment / Furniture Licenses, Fees, Permits Membership, Subscriptions Books & Publications Advertising Expense Career Development Office Printing Marketing and Promotions Miscellaneous Depreciation Expense Interest Expense Total General & Administrative Total Application of Funds Fund Sources in Excess of Application Income Statement $177.90 $o.oo $465.00 Current Month Income and Expenses $77.64 $27.16 $206.66 $1,232.71 $4,613.68 $895.60 $1,079.43 $15.33 $285.26 $626.47 $219.54 $2,166.13 $35.00 $140.00 $o.oo $2,320.24 $8o.oo $636.15 $o.oo $o.oo $14,413.48 $o.oo $126,278.59 $330,513.54 ($277,411.46) $620.84 $1,480.95 $3,33O.96 October - December Income and Expenses $291.98 $78.80 $766.50 $5,203.33 $3,367.00 $178.75 $4,483.48 $657.03 $1,281.5O $6,866.75 $270.31 $6,999.85 $369.43 $2,065.O7 $700.00 $2,966.24 $190.00 $245.63 $o.o0 $2,540.00 $16,207.04 $62.69 $311,696.92 $726,050.84 $3,241,847.56 $798.74 $1,480.95 $3,795.96 Total YTD Approved and Unapproved Income/Expenses $369.62 $105.96 $973.16 $6,436.04 $7,980.68 $1,074.35 $5,562.91 $672.36 $1,566.76 $7,493.22 $489.85 $9,165.98 $4O4.43 $2,2O5.O7 $7OO.OO $5,286.48 $27O.OO $881.78 $0.00 $2,54O.OO $3O,62O.52 $62.69 $437,975.51 $1,229,192.47 $2,791,808.01 Budget to Actual Comparison Community Redevelopment Agency of Boynton Beach February 28, 2004 Amended Year To Current YTD 2004/2005 2004/2005 Date Period Totals Including Budc, let Budget Totals February Current Month Beginning Balance 2,911,982.00 3,668,203~00 3,668,20300 23,917,481.13 3,668,203.00 Revenues ~axes 3,467,422.00 3,467,42200 3,871,616.02 0.00 3,871,616.02 ~roceeds 0.00 17,716,868.00 17,833,519.65 000 17,833,519.65 ~ .,[ Funding 000 0.00 0.00 0.00 0.00 Interest Income -33,54800 195,215.00 91,367.38 53,027.08 144,394.46 Other Income 304,604 00 304,604.00 4,91500 75 00 4,990.00 Total Revenue 6,650,460.00 25,352,312.00 25,469,621.05 23,970,583.21 25,522,723.13 Expenditures Personel Cost Salary Expense 223,566 00 258,566.00 81,784.37 19,027.71 100,812.08 Payroll Taxes 16,767.00 19,392.00 5,580 44 1,48967 7,070.11 Retirement 457 Plan 11,178.00 11,178.00 880.00 36000 1,240.00 Short Term / Long Term Disability 2,038.00 2,468.00 693.61 165.53 859.14 Workers Comp 1,824 00 2,280.00 2,395 12 0 00 2,395.12 Health Insurance 23,852.00 29,815.00 6,424 19 39 36 6,463.55 Life Insurance 861.00 1,031 00 214.23 71 41 285.64 Total Personel Cost 290,086.00 324,730.00 97,971.96 21,153.68 119,125.64 Professional Services Legal 75,00000 175,000.00 15,92537 20,51596 36,441.33 Lobbying - State & Federal 000 30,000.00 000 Q00 0.00 City Staff 7,50000 7,500.00 35846 600.69 959.15 Contracted Services 220,000.00 505,233.00 108,63947 48,745 32 157,384.79 Audit 8,500.00 8,500.00 5,90000 1,500 00 7,400.00 I.T. Support 16,000.00 20,415.00 9,299.25 0.00 9,299.25 Total Professional Services 327,000.00 746,646.00 140,122.55 71,361.97 211,484.52 Office Rent Expense 19,200 00 19,200.00 8,000 00 1,600 00 9,600.00 Maint. & Cleaning 4,100 00 4,100.00 1,407 95 180.00 1,587.95 Office Leasehold & Moving 75000 3,942.00 3,330.96 465.00 3,79596 Phone Expense 8,500.00 8,500.00 2,18715 591.91 2,779.06 Electric Expense 2,160.00 2,160.00 62084 17790 798.74 Office Total 34,710.00 37,902.00 15,546.90 3,014.91 18,561.71 Equipment Leases Expenses 4,500.00 4,500.00 1,480.95 0.00 1,480.95 Insurance r 'ty/General Insurance 2,051.00 2,051.00 1,146.12 000 1,146.12 lability Insurance 400.00 400.00 370.69 QO0 370.69 I-. _ssional Insurance 4,049.00 4,049.00 2,480.00 Q00 2,480.00 Insurance Total 6,500.00 6,500.00 3,996.81 0.00 3,996.81 Travel / Entertainment Expense Promotional/Business Meetings 0.00 4,500.00 5,203.33 1,232.71 6,43604 CRA Meeting / Presentation 0.00 2,150.00 3,367.00 4,61368 7,980.68 Association Meeting & Seminars 0.00 11,222.00 4,662.23 1,97503 6,637.26 Mileage & Delivery Services 1,080.00 1,080.00 657.03 15.33 672.36 Car Allowance- Director 3,70800 3,708.00 1,281.50 285.26 1,566.76 Total Travel Expenses 4,788.00 22,660.00 15,171.09 8,122.01 23,293.10 Office Supplies Office Equipment/Furniture 000 13,427.00 6,999.85 2,166 13 9,165.98 Office Expense 1,500.00 1,500.00 270.31 219.54 48985 Office Supplies 9,500.00 9,500.00 6,866.75 626.47 7,493.22 Total Office Supplies 11,000.00 24,427.00 14,136.91 3,012.14 17,149.05 Licenses, Books, Publication Licenses/Fees/Permits 1,250.00 1,25000 36943 35.00 40443 Membership/Subscriptions 3,984.00 3,984.00 2,065.07 140.00 2,205.07 Books/Publications 1,000.00 1,000.00 700.00 000 700.00 Total Licenses, Books, Publicatio~ 6,234.00 6,234.00 3,134.50 175.00 3,309.50 Advertising & Public Notices 1,500.00 1,500.00 2,966.24 2,320.24 5,286.48 Career Development 0.00 3,000.00 190.00 80.00 270.00 Office Printing Expense Office Printing 2,500.00 2,500.00 245.63 636.15 881.78 Newsletter 2,500.00 2,500.00 000 0.00 0.00 Printing -Annual Reports, Brochur( 000 15,000.00 1,807.90 000 1,807.90 Total Office Printing Expense 5,000.00 20,000.00 2,053.53 636.15 2,689.68 Miscellaneous Expense 1,000.00 1,000.00 2,602.69 0.00 2,602.69 04/05 % of Budget Budget Remainincj Remainin~l 0.00 0% 0.00 0% 0.00 0% 50,820.54 26% 299,614.00 98% 350,434.54 157,753.92 61% 12,321.89 64% 9,938.00 89% 1,608.86 65% -115.12 -5% 23,351.45 78% 745.36 72% 205,604.36 73% 138,55867 79% 30,000.00 100% 6,540.85 87% 347,848.21 69% 1,10000 13% 11,115.75 54% 535,163.48 72% 9,600 00 50% 2,512.05 61% 146.04 4% 5,720.94 67% 1,361 26 63% 19,340.29 51% 3,019.05 67% 904.88 44% 29.31 7% 1,569.00 39% 2,503.19 39% -1,936.04 -43% -5,830.68 -271% 4,584.74 41% 407.64 38% 2,141.24 58% -~33.10 -3% 4,261.02 32% 1,010.15 67% 2,006.78 21% 7,277.95 30% 845 57 68% 1,778.93 45% 300 00 30% 2,924.50 47% -3,786.48 -252% 2,730.00 91% 1,61822 65% 2,500 00 100% 13,192.10 88% 17,310.32 87% -1,602.69 -160% Debt Service Principal Payment Interest Expense Debt (P&I) Issuance Cost ebt Service Operating Expense 2004/2005 Budget Amended 2OO4/2OO5 Budget 134,92523 182,37273 000 000 317,297.96 999,615.96 134,925.23 182,372 73 429,30800 0.00 746,605.96 1,945,706.96 Budget to Actual Comparison Year To Date Totals 000 0.00 0.00 273,32680 273,326.80 572,700.93 Current Period Februar~ 0.00 000 0.00 61,90697 61~906.97 171,782.97 YTD Totals Including Current Month 000 0.00 0.00 335,23377 335,233.77 744,483.90 04/05 % of Budget Budget Remaining Remaining 134,925.23 100% 182,372.73 100% 429,308.00 100% -335,233.77 0% 411,372.19 55% 1,183,912.74 2OO4/2OO5 Budget PROGRAMS Web Site Update/Expansion 5,000.00 Police 350,000.00 'r ortation / Trolley 471,96600 A .oly & Redevelopment 000 Single Family Residental 000 Festivals/Events/Dec/Bus. Progra 51,025.00 Fa~:ade Grants 181,118.00 EconomicDevelopment Grants 18,882 00 PROJECTS CRA Office Space 000 BBB/Land/Riverwalk / Promanade 2,910,49200 HOB Commercial / Improvements 684,457.00 Way-Finding Signage 0.00 Marina Parking Garage 750,000.00 Town Square Project 0.00 Savage Creatures Complex 0.00 Miscellaneous Projects 0.00 TOTALS EXPENSES 6,422,555.96 Total Reserve Balance Before Del~ 227,904.04 Reserve Balance 250,000.00 Reserve Balance on Bonds Q00 TOTAL RESERVE BALANCE -22,095.96 Budget to Actual Comparison Amended Year To Current 2004/2005 Date Period Budget Totals Februar~ 19,378.00 1,261 70 0.00 557,368,00 158,688.88 22,994.25 471,966,00 2,666.80 0.00 90,000.00 0 00 000 100,000,00 0.00 000 66,025,00 48,620.82 178,58 181,118~ 00 27,800.00 15,000.00 185,000.00 10,219.00 0.00 150,00000 000 0.00 5,535,172 00 369,864 09 31,71495 2,000,000.00 353,68270 16,600.75 58,465.00 0.00 0.00 750,000.00 0 00 157,500.00 50,000,00 0.00 000 175,000.00 0.00 2000 55,000.00 6,635,00 Q00 12,390,198.96 1,552,139.92 415,791 50 12,962,113.04 23,917,481 13 23,554,791 71 503,527.00 503,527.00 0.00 0.00 1,707,250.00 0.00 12,458,58604 23,917,481.13 23,554,791.71 YTD 03/04 % of Totals Including Budget Budget Current Month Remaining Remaining 1,261 70 181,683.13 2,666.80 0.00 0.00 48,799.40 42,80000 10,219.00 0,00 401,57904 37O,283.45 000 157,500 00 0.00 20,00 6,635.00 1,967,931.42 23,554,791 71 503,52700 1,707,250.00 23,554,791.71 18,116,30 93% 375,684.87 67% 46g,29920 99% 90,000 O0 100% 100,000.00 100% 17,22560 26% 138,318.00 76% 174,781,00 94% 150,000.00 100% 5,133,592.96 93% 1,629,716.55 81% 58,465.00 100% 592,500.00 79% 50,000.00 100% 174.980.00 100% 48,365.00 88% 10,404,957.22 STATEMENT OF CASH FLOWS BEGINNING CASH BALANCE REVENUES 'terest Income Sun Trust/SBA Total Interest Income TOTAL REVENUES EXPENDITURES Salaries Expense Payroll Week #1 Payroll Week #2 Texas Child Support Unit Texas Child Support Unit 941 Payroll Taxes February 941 Payroll Taxes February Total Salaries Expense Health Insurance Comp Dent Corporation Total Health Insurance Life Insurance Expense First Colony Life Insurance Total Life Insurance Expense Retirement Lord Abbot Lord Abbot Lord Abbot .~tal Retirement Expense Professional Fees - Audit Dufresne & Associates, CPA Durfresne & Associates, CPA Total Professional Fees -Audit Professional Fees - IT Support City of Boynton Beach Total Professional Fees - IT Support Professional Fees - Legal Lewis, Longman & Walker Total Professional Fees - Legal Professional Fees - City Clerk City of Boynton Beach Total Professional Fees - City Clerk Professional Fees - Contracted The Angell Pension Group The RMPK Group Kimley-Horn Associates, Inc Total Professional Fees - Contracted Professional Fees - Maint. & Cleaning CK Locksmith Green Team Pest Bell South Royal Office Cleaning Total Professional Fees - Maint. & Cleaning $ 7,110.70 $ 6,675.37 $ 461.54 $ 461.54 $ 3,037.24 $ 2,921.45 $ 39.36 $ 71.41 $ 200.00 $ 200.00 $ 200.OO $ 1,500.00 $ 5,900.00 $ 3,000.00 $ 20,515.66 $ 600.69 $ 187.50 $ 48,4O3.87 $ 665.6O $ 20.00 $ 2O6.45 $ 160.00 $ 53,027.08 $ 53,027.08 $ 20,667.84 $ 39.36 $ 71.41 $ 600.00 $ 7,400.00 $ 3,000.00 $ 20,515.66 $ 600.69 $ 49,256.97 $ 386.45 '-7-7 ,,A $ 26,023,855.95 $ 53,027.08 Electric Expense FPL $ Total Electric Expense Rent Leon Struck $ ~tal Rent I'elephone FDN $ Bell South -February $ Cingular Wireless $ Total Telephone Expense Bond Issuance Cost RBC Dain Rousher $ US Bank $ Total Bond Issuance Cost Promotional/Business Meetings/Seminars/CRA Board SunTrust Visa Business Meeting $ PerDiem for Retreat $ SunTrust Visa Business Meeting $ Petty Cash $ FGFOA $ Total Promotional/Business Meetings/Seminars/CRA Board Mileage & Delivery Fed Express $ Total Mileage & Delivery Membership/Subscriptions/Fees GFOA $ -'~tal Membership/Subscriptions/Fees _.cerises, Fees SunTrust Bank Stop Payment Fees $ Total Licenses, Fees Advertising Sun Sentinel $ Palm Beach Post (RFP, RFQ, Employment) $ Total Advertising Printing Delray Blueprint Co $ Delray Blueprint Co $ Total Printing Office Supplies Aqua Springs Water & Coffee $ Book Sales $ Successories LLC $ Office Depot $ Office Depot $ Superb Signs $ Total Office Supplies Office Equipment Office Depot $ Office Depot $ Software House International Adobe $ Superb Signs Inc Total Office Equipment 214.52 1,600.00 46.12 220.00 68.50 30,686.12 156.00 2,797.67 1,012.67 3,601.01 398.80 80.00 222.07 140.00 34.00 255.26 729.00 636.15 127.00 24.50 (30.00) 188.98 557.57 1,000.00 8.40 669.91 427.25 1,219.00 $ 214.52 $ 1,600.00 $ 334.62 $ 30,842.12 $ 7,890.15 $ 222.07 $ 140.00 $ 34.00 $ 984.26 $ 763.15 $ 1,749.45 $ 2,316.16 Grant Programs St Mark's Church Reimbursement from County for IWC Inc Total Grant Programs Festivals/Events/Bus. Programs SunTrust Visa ( Winter Carnival, State of CRA) Sponsorship Total Grant Programs Office Lease Hold Improvement/Moving Communication Services of SF Total Office Lease Hold Improvement/Moving Police Program Special Products Group Gene Moore Rent Richwagen's Delray Bike & Sport Ten 8 Fire Equipment City of Boynton Beach Police Royal Office Cleaning Communications Services of South Florida Kustom Signals, Inc Total Police Program Marina Parking Gargage TRG Boynton Beach Tota Marina Parking Gargage BBB Extension, Riverwalk, Promenade TRG Final Payment for Pass-Through Contract Total BBB Extension, Riverwalk, Promenade ')B Westberry & Associates LLC The BG Group Goren, Cherof, Doody & Ezrol PA The Urban Group Goren, Cherof, Doody & Ezrol PA Total HOB TOTAL EXPENDITURES TOTAL REVENUES OVER EXPENDITURES $ 15,000.00 $ (14,620.00) $ (75.00) $ 465.00 $ 389.00 $ 1,120.00 $ 310.30 $ 98.oo $ 21,139.63 $ 2OO.OO $ 6oo.oo $ 157,500.00 $ (61,452.57) $ 1,000.00 $ 12,800.00 $ 3,350.75 $ 13,012.33 $ 349.79 380.00 (75.00) 465.00 23,856.93 157,500.00 (61,452.57) 30,512.87 $ 300,816.11 $ 25,776,066.92 BOYNTON BEACH CRA AGENDA ITEM REQUEST FORM Requested CRA Meeting Dates [] January 11,2005 [] February 8, 2005 March 8, 2005 [] April 12, 2005 [] May I0, 2005 [] June 14, 2005 NATURE OF AGENDA ITEM Date Final Materials Must be Requested CRA Turned Meeting Dates into CRA Office December 28, 2004 (Noon.) [] July 12, 2005 January 25, 2005 (Noon) [] August 9, 2005 February 22, 2005 (Noon) [] September 13, 2005 March 29, 2005 (Noon) [] October 1 l, 2005 April 26, 2005 (Noon) [] November 8, 2005 May 31,2005 (Noon) [] December 13, 2005 · Consent Agenda [] Old Business [] Director's Report [] New Business DATE: January 31, 2005 Date Final Materials Must be Turned into CRA Office June 28, 2005 (Noon) July 26, 2005 (Noon) August 30, 2005 (Noon) September 27, 2005(Noon) October 25, 2005 (Noon) November 29, 2005 (Noon) [] Legal [] Future Agenda Items [] Other Item SUBJECT SUMMARY PARAGRAPH: Effective January 1, 2005, new IRS guidelines for 2005 increased the approved mileage reimbursement for$ .365 per mile to $.405 per mile. RECOMMENDATION: Staffis recommending the approval of an increase in the CRA Travel Policy from $.29 per mile to $.405 per mile as per IRS Guidelines. EXPLANATION: (Background of the issue: Who, What, Where, When, How, Etc.) The CRA Board approved the existing Travel policy in 2003. Staff has reviewed this policy and is asking for an increase in the personal mileage rate to $.405 per mile. FISCAL IMPACT: The CRA Board has approved travel within the Budget Line item of Association Meeting & Seminars, Business Meeting line item and CRA Meeting & Events line item. ALTERNATIVES: The alternative is to leave the Travel Policy mileage at $.29 per mile. CRA Staff Douglas Hutchinson, CRA Director 7766 C:\Susan_shared files~memos\CRA Agenda Item Request form - mileage increase on travel.doc COMMUNITY REDEVELOPMENT AGENCY TRAVEL EXPENSE REPORT 10. 6o Name Name of Meeting 2. Travel Dates: Beginning Ending 13, Signatures: Meeting Location Dates of Travel Expenses: Hotel (Attach receipts) Place an x in days meals are Breakfast * $9.00 Travel must bec~in before 6 am Lunch * $12.00 Travel must begin before 12 Dinner $20..00 Travel must begin before 6 ¢ Registration Ground Fare (Attach receipts) Parking Fee (Attach receipts) Tolls (Attach receipts) Gas (Attach receipts) Air Travel (Attach receipt) Mileage (Detail below) Membership Fee Phone Total Expense .~1 Sunday Monday Tues Wed Thurs Friday Sat Totals $ cluded with re~strat on I and extend beyond 8 am I I on and extend beyond 2 pm I I and extend be ond 8 pm $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ Mileage Breakdown: I Date (Mileage calculated @ $.29 per mile) BeginningJ Total EndingI 7, Time of Departure Tim of Return Traveler: Miles Amount $0.00 11. RECAP Total Expenses Paid by 121 forms Check paid in advance Cash paid in advance Balance Due: Employee $ _ 12. Fund Dept. Class. Element Object Amount Account Number $0.00 Department Head or Designee: Controller or Designee: Date: Date: 7767 Date: BOYNTON BEACH CRA AGENDA ITEM REQUEST FORM Requested CRA Meeting Dates [] January 11,2005 [] February 8, 2005 March 8, 2005 [] April 12,2005 [] May 10, 2005 [] June 14, 2005 Date Final Materials Must be Requested CRA Turned Meeting Dates into CRA Office December 28, 2004 (Noon.) [] July 12, 2005 January 25, 2005 (Noon) [] August 9, 2005 February 22, 2005 (Noon) [] September 13, 2005 March 29, 2005 (Noon) [] October 11, 2005 April 26, 2005 (Noon) [] November 8, 2005 May 31,2005 (Noon) [] December 13, 2005 Date Final Materials Must be Turned int___p_o CRa, Office June 28, 2005 (Noon) July 26, 2005 (Noon) August 30, 2005 (Noon) September 27, 2005(Noon) October 25, 2005 (Noon) November 29, 2005 (Noon) NATURE OF AGENDA ITEM · Consent Agenda [] Old Business [] Director's Report [] New Business [] Legal [] Future Agenda Items [] Other Item DATE: February 4, 2005 SUBJECT SUMMARY PARAGRAPH: Please find attached first budget transfer request with explanations for the 2004/2005 budget year. Staff presents on a quarterly basis to the CRA Board budget transfer. RECOMMENDATION: Staff is recommending approval of the first budget transfer request for the 2004/2005 budget year. EXPLANATION: (Background of the issue: Who, What, Where, When, How, Etc.) CRA Staffhas reviewed the purchases for the first quarter of the Fiscal Year for 2004-2005 and is requesting the following budget line item transfers. FISCAL IMPACT: This is a reallocation of funds with an increase of $14,439 to the overall budget. ALTERNATIVES: The alternative is to not approve the budget transfer rec / CRA Staff :e~-cRA Director 7768 C:\Susan_shared files\memos\Memo CRA Agenda Item Request form - budget transfer request.doc BUDGET TRANSFER REQUEST First Quarter 2004-2005 CRA Board From: CRA Staff Date: February 4, 2005 * Budget Data Only Adjustment Resulting Present Increase Adjusted Number Description Budget (Decrease) Budget BEGINNING BALANCE Beginning Balance 3,668,203 0 3,668,203 1 TIF Taxes 3,467,422 404,194 3,871,616 2 Bond Proceeds 17,716,868 116,651 17,833,519 EXPENSES 3 Salary Expense 258,556 35,971 294,527 4 Payroll Expenses 19,392 2,698 22,090 5 ST/LT Disability 2,468 282 2,750 6 Workers Comp 2,280 304 2,584 7 Health Insurance 29,815 2,485 32,300 8 Life Insurance 1,031 166 1,197 9 Professional Services - Contracted Services 505,233 125,000 630,233 10 Office Lease Hold Improvement & Moving 3,942 1,500 5,442 11 Promotional/Business Meeting 4,500 5,000 9,500 12 CRA Meeting/Presentation 2,150 10,000 12,150 13 Mileage & Delivery Services 1,080 1,000 2,080 14 CRA Car Allowance - Director/Assistant Directo~ 3,708 1,000 4,708 15 Office Equipment/Furniture 13,427 5,000 18,427 16 Office Supplies 9,500 5,000 14,500 17 Advertising & Publication Notices 1,500 2,000 3,500 18 Miscellaneous Expenses 1,000 9,000 10,000 19 Bond Issuance Cost 0 300,000 300,000 Total 23,992,911 14,439 24,007,350 * Use Whole Dollars Only 7769 Controller:-,_. "'RA Director: C:\Susan_shared filesgAccounting\accounting\Budget Transfer Form2 MEMO TO: CRA Board FROM' Susan Vielhauer SUBJECT: Consideration of First Quarter 2004-2005 Budget Transfer DATE' March 1,2005 Staff is recommending the approval of the First Quarter 2004-2005 Budget Transfer. The following budget transfers are being requested for the following reasons: 1. The TIF revenues are being increase due to actual property values were higher that projected property values. 2. Bond Proceeds were higher due to Bonds selling at a premium. 3. Salary expense increased due to positions added. 4. Payroll expense increase due to positions added. 5. Short Term/Long Term increase due to positions added. 6. Workers Compensation increase due to positions added. 7. Health Insurance increase due to positions added. 8. Life Insurance increase due to positions added. 9. Professional Services - Contracted Services increased due to additional projects added. 10.Office Lease Hold Improvements positioning in CRA Offices. 11.Promotional/Business increased due 12. & Moving increased due to new staff to increase in business/promotional meetings related to CRA projects, programs, Palm Beach County Days and incentives. CRA Meeting/Presentation increased due to CRA Retreat was not calculated in original budget. 7770 13. Mileage & Delivery Services increased due to increase in documents being delivery for new and existing projects and programs. 14. CRA Car Allowance - Director and Assistant Director increased due to the addition of the Assistant Director. 15. Office Equipment/Furniture increase due to new staff positions added and for the replacement of inadequate equipment. 16. Office Supplies increased due to new staff positions and increases in programs and project for the CRA. 17.Advertising & Public Notices increase due to the advertisement for new RFP's and RFQ's as well as new staff positions. 18. Miscellaneous Expense is increase due to the increase in CRA Activities. 19. Bond Issuance Cost increased due to the cost was not accounted for in the original budget. 7771 BUDGET TRANSFER REQUEST First Quarter 2004-2005 CRA Board From: CRA Staff Date: February 4, 2005 * Budget Data Only Adjustment Resulting Present Increase Adjusted Number Description Budget (Decrease) Budget BEGINNING BALANCE Beginning Balance 3,668,203 0 3,668,203 1 TIF Taxes 3,467,422 404,194 3,871,616 2 Bond Proceeds 17,716,868 116,651 17,833,519 EXPENSES 3 Salary Expense 258,556 35,971 294,527 4 ,Payroll Expenses 19,392 2,698 22,090 5 ST/LT Disability 2,468 282 2,750 6 Workers Comp 2,280 304 2,584 7 Health Insurance 29,815 2,485 32,300 8 Life Insurance 1,031 166 1,197 9 Professional Services - Contracted Service 505,233 125,000 630,233 10 Office Lease Hold Improvement & Moving 3,942 1,500 5,442 11 Promotional/Business Meeting 4,500 5,000 9,500 12 CRA Meeting/Presentation 2,150 10,000 12,150 13 Mileage & Delivery Services 1,080 1,000 2,080 14 CRA Car Allowance - Director 3,708 1,000 4,708 15 Office Equipment/Furniture 13,427 5,000 18,427 16 Office Supplies 9,500 5,000 14,500 17 Advertising & Publication Notices 1,500 2,000 3,500 18 Miscellaneous Expenses 1,000 9,000 10,000 19 Bond Issuance Cost 0 300,000 300,000 Total 23,992,911 14,439 24,007,350 * Use Whole Dollars Only 7772 Controller: "~J..(/.~C;'-~ ~,i~ ~.;',~L~'-, :~: ~: ~: ,' CRA Director: C:\Susan shared files~Accounting\accounting\Budget Transfer Form2 BOYNTON BEACH CRA AGENDA ITEM REQUEST FORM Requested CRA Date Final Materials Must be Requested CRA Meeting Dates Turned Meeting Dates into CRA Office [] JanuaD, 1l, 2005 December 28, 2004 (Noon.) [] July 12, 2005 [] February 8, 2005 January 25, 2005 (Noon) [] August 9, 2005 March 8, 2005 February 22, 2005 (Noon) [] September 13, 2005 [] April 12, 2005 March 29, 2005 (Noon) [] October I1,2005 [] May 10, 2005 April 26, 2005 (Noon) [] November 8, 2005 [] June 14, 2005 May 31,2005 (Noon) [] December 13, 2005 Date Final Materials Must be Turned int___qo CRA Office June 28, 2005 (Noon) July 26, 2005 (Noon) August 30, 2005 (Noon) September 27, 2005(Noon) October 25, 2005 (Noon) November 29, 2005 (Noon) NATURE OF · Consent Agenda [] Old Business [] Legal AGENDA ITEM [] Director's Report [] New Business [] Future Agenda Items [] Other Item DATE: February 15, 2005 SUBJECT SUMMARY PARAGRAPH: On April 11, 2004 the CRA Board approved a Faqade grant Request for Colonial Center Condominium Association, Inc. for $15,000. This Faqade grant request was for a lighting project for the parking areas and buildings. Colonial Center Condominium Association, Inc has submitted all the backup materials along with their reimbursement request. The complete file with backup documentation is available in the CRA Offices for review as needed. Colonial Center Condominium Association, Inc is requesting the reimbursement for their Fagade grant request of $15,000. RECOMMENDATION: Staff is recommending the approval of Colonial Center Condominium Association, Inc reimbursement request of $15,000. EXPLANATION: (Background of the issue: Who, What, Where, When, How, Etc.) On April 11, 2004, Colonial Center Condominium Association, Inc requested a Facade Grant for 1200 South Federal Highway for a lighting project for the parking areas and buildings. Colonial Center Condominium Association, Inc has completed the renovation of the llighting and is ready to request their reimbursement. FISCAL IMPACT: The $15,000 reimbursement is included in the Fagade Grant Budget line item. ALTERNATIVES: None, the applicant has met all of the requirements of the Fagade Grant program. " CRA Staff ~ Douglas Hutchinson, CRA Director 7773 C:\Susan_shared filesX~Facade Grant Pictures\facade grants\CRA Agenda Item Request form -Colonial Center Condo.doc Colonial Center Condominium Association, Inc c/o Fairman & Associates, Inc. 4281 NW. Ia. Avenue Boca Raton, Fl. 33431 Phone: (561) 362-7224 Fax: (561) 362-8823 Community Redevelopment Agency City of Boynton Beach 639 E. Ocean Ave. Suite 103 Boynton Beach, Fl 33435 CRA Board of Directors, The Board of Directors of the Colonial Center Condominium Association are formally requesting the disbursement of the funds for the CRA Fagade Grant that was awarded for the Lighting Project. Once again the Fagade Grant will cover the expenses associated with the replacement of the exterior lighting. Enclosed with this letter you will find a release of lien from the contractor, the canceled checks for all the payments issued to the contractor and pictures of the improvements. The Board of Directors of the Colonial Center Condominium Association would like to thank you for awarding this Grant. Sincerely, /'~'~ / / ~ Allen Martincavage, Sr, Esq. Director Colonial Center Condominium Association, Inc. 7774 FINAL RELEASE OF LIEN PROJECT NO. 20124-25 PROJECT NAME Colonial Office Center. The undersigned WILLIAM D. STRADLING, who is PRESIDENT OF LECTRA LIVING, INC., For and in consideration of the sums: Seven Thousand~ Three Hundred Sixteen and 62/100 Dollars ($ 7,316.62) paid by check number 1232~ Two Thousand~ Sixty Nine and 40/100 Dollars ($ 2,069.40) paid by check number 1260, Fifteen Thousand~ Two Hundred Thirty One and 16/100 Dollars (15,231.16) paid by check number 1248, Seven Thousand~ Three Hundred! Seventeen and 12/100 Dollars ($ 7,317.12) paid by check number 1335, Three Thousand~ Eight Hundred Eighty One and 28/100 Dollars ($ 3,881.28) paid by check number 1343 receipt of which is hereby acknowledged, hereby releases COLONIAL CENTER CONDO ASSOCIATION~ INC. from the amount due under its lien against the following described premises: COLONIAL CENTER CONDO ASSOCIATION~ INC. 1200 S. Federal Hwy. Boynton Beach~ FI On account of labor performed and/or material furnished for the construction of any improvements thereon. That all labor and materials used by the undersigned in the erection of said improvements have been fully Paid for. IN WITNESS WHEREOF, I have hereunto set my hand seal this Day of 'T'~C:C~ WITNESSES: ,20 cz><!,. STATE OF FLORIDA COUNTY OF ~c:~',.c And correct. I hereby acknowledge that the statements contained in the foregoing Release of Lien are true 7775 Sworn and subscribed before me this My Commission expires: COLONIAL CENTER CONDO ASSOCIATION, INC. POINTEBANK C*O FA~RMAN & ASSOCIATES, INC. 5:12 N. OCEAN BLVD 4281 N W ~ST AVENUE OCEAN RIDGE EL 33435 I~OCA RATON. FL 33431 63-1336.679 PAY * * * Seven Thousand Three Hundred Sixteen Dollars and 62/100 TOTHE Lectra Living, lnc, OWOEn P.O. BOX 1134 at Deerfield Beach, FL 33443 1232 June 14, 2004 27,316.62 __. 005500 DDA Debits 06/22/2004 1~063 107513,1 -' DDA Debits - 06/22/2004 7776 COLONIAL CENTER CONDO ASSOCIATION, INC. c/o FAIRMAN & ASSOCIATES, [NC 1248 AMOUNT 2004 $]$,2¥~ / PAY ' * "Fifteen Thousand Two Hun&cd 'l'bir9' One Dollars and 16/] OC * * ' 'c *.r Lectra Living, Inc. c~o[~ P.O, Box 1134 oF Desrficld Bcach, FL 33443 '063107S13~ DDA Debits - 09/02/~004 7777 1335]] COLONIAL CENTER CONDO ASSOCIATION, INC. cJo FAIRMAN & A~*$OCIA'TES. iNC. 4281 N.W ISTAVENUE 8OCA RATO~. FL 3a431 * * * Seven Thousand Tt'~'ee Hundred Seventeen Dollars and 12,/100 * * * PAY TO-~,~ Lectra Living, Inc ~R~ PO Box 1134 os Dcerficld Beach, FL 33443 DATE AMOUNT December 21,2004 $7,~12 I 005500 ~&5~,' DDA Deb'-ts - 01/11/2005 0630-0019-9 EN7=;~90 · 063107'5 1341 DDA DebiEs 01/11/2305 7778 BOYNTON BEACH CRA AGENDA ITEM REQUEST FORM Requested CRA Date Final Materials Must be Requested CRA Meeting Dates Turned Meeting Dates into CRA Office [] January 11,2005 December 28, 2004 (Noon.) [] July 12, 2005 [] February 8, 2005 January 25, 2005 (Noon) [] August 9, 2005 I March 8, 2005 February 22, 2005 (Noon) [] September 13, 2005 [] April 12, 2005 March 29, 2005 (Noon) [] October 11, 2005 [] May 10, 2005 April 26, 2005 (Noon) [] November 8, 2005 [] June 14, 2005 May 31,2005 (Noon) [] December 13, 2005 Date Final Materials Must be Turned int.~qo CRA Office June 28, 2005 (Noon) July 26, 2005 (Noon) August 30, 2005 (Noon) September 27, 2005(Noon) October 25, 2005 (Noon) November 29, 2005 (Noon) NATURE OF · Consent Agenda [] Old Business [] Legal AGENDA ITEM [] Director's Report [] New Business [] Future Agenda Items [] Other Item DATE: February_ 23, 2005 SUBJECT SUMMARY PARAGRAPH: The Boynton Woman's Club, Inc., which is currently located at 1010 South Federal Highway, is currently renovating the exterior of the historic building. They have completed the following upgrades: resurfacing the parking area, replacing the rotten wood around the doors and window sills, removing the chain link fence and replacing it with a decorative aluminum green fence. They are now ready to paint the exterior of the building and have selected complete Home Renovations with a bid of $12,300.00. they are requesting a Fagade Grant for $6,250.00. RECOMMENDATION: Staff is recommending the approval of Boynton Woman's Club, Inc., Facade Grant reimbursement request of $6,250.00. EXPLANATION: (Background of the issue: Who, What, Where, When, How, Etc.) The Boynton Woman's Club, Inc., which is currently located at 1010 South Federal Highway, is currently renovating the exterior of the historic building. They are requesting a FaCade Grant to help them complete the project. FISCAL IMPACT: The $6,500.00 reimbursement is included in the Fagade Grant Budget line item. ALTERNATIVES: The Alternativ. g is to deny the Faqade Grant request. CRA Staff ~on, CRA Director 7779 C:\Susan_shared files~Facade Grant PicturesSfacade grants\CRA Agenda Item Request form - Boynton Women's Club request.doc 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 INFORMATION Name of Property Owner: Address of Property Owner: City/State: '~Oy~-~b~ ~4Z~c~ / FL- Zip Code: Phone Ct Day: (_.~0 7~3 q- Goq. ci Evening: Legal owners and legal descrJption of the ¢opedy to be improved (please attach copy of warranty deed and lease, if applicable): ' If Different from Property Owner Name of Business: Address of Business: City/State: Zip Code: Phone # Day: Type of Business: ~)l'h Years of Operation: Om Number of ~mCeyee~ / ~ ~ Annual Payroll: Number of~ residing in Boynton Beach: /~,.~ 7780 Boynton Beach Community Redevelopment Agency Fagade Grant Program Application Page 1 of 6 Evening: lqtt 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' The program is available only for property located within the Community Revitalization Areas of the Boynton Beach Community Redevelopment Agency (CRA). Note: See attached Fa(;;ade Grant Area Map. The program is for commercial properties and businesses. The property owner must be the applicant. However, if the property is currently leased to a tenant, then the Application and Agreement 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. 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. Maximum Grant amounts: The CRA will provide, on a reimbursement 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. The Fa~:ade Grant program will honor expenditures completed up to 90 days prior to application, improvements underway and proposed 7781 Boynton Beach Community Redevelopment Agency Fagade Grant Program Page 2 of 6 improvements. The Fa(;ade Grant program may only be used one time in any three year period for any one property. Properties may re-apply for additional grants any 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 1st to September 30th). 7782 Boynton Beach Community Redevelopment Agency Fa(;ade Grant Program Page 3 of 6 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. 561-737-3256 An original application and eight (8) copies of all materials are 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. 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. 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. Applicants may not have any outstanding City of Boynton Beach liens against their property. In the event that an Applicant has an outstandinq City of Boynton Beach lien against the property, the grant will not be awarded t}ntil the complete satisfaction of the lien. Applicant shall obtain, read and understand all aspects of the Fa(;ade Grant Program Agreement, including Program and Reimbursement Regulations. Application to this Program is no guarantee of funding. Funding is at the sole discretion of the CRA Board. 7783 Boynton Beach Community Redevelopment Agency Facade Grant Program Page 4 of 6 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. Witness (Date) "PrOperty Owner (Property owner's signature must be notarized) Witness '-- (Date) -- Tenant/Business Owner (Date) CRA Director (Date) Boynton Beach Community Redevelopment Agency FaQade Grant Program Page 5 of 6 STATE OF FLORIDA, COUNTY OF PALM BEACH BEFORE ME, an officer duly authorized by law to administer oaths and take acknowledgements, personally appeared ~.1/,/I/,t¢/~/ ~,~';t~'l',~i.4y , is personally known to m?.~r ¢ 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 /-~'~ 'd. ay of NOTARY PUBLIC My Commission Expires: (~'¢-~//'~/¢/ 7784 Boynton Beach Community Redevelopment Agency Fa(~ade Grant Program Page 6 of 6 i 2002/2003 FA(~ADE IMPROVEMENTS GRANT PROGRAM PROGRAM AGREEMENT Boynton Beach Community Redevelopment Agency PROGRAM REGULATIONS The Applicant agrees not to alter, renovate, or demolish the new fa(j:ade 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. The CRA will consider approval of grants for building which does not face a recognized street. facing an alley way will also be considered. exterior improvements to a The exterior rear of a building 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. The property owner, or tenant if applicable, must complete the fa(;ade 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 fa(j;ade 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 This program is designed as a reimbursement grant. That is, all work must be done and paid for by the Applicant, prior to tl~e 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. Reimbursement Request shall be summarized in a report and accompanied by proper documentation. Proper documentation will consist of (1) Project 7785 Boynton Beach Community Redevelopment Agency Fa(;:ade 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 3"x5" 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. 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. Grant funds will be reimbursed exclusively for eligible work and approved change-orders that have been approved by the CRA. Grantees shall grant the CRA and/or the City of Boynton Beach the rights and use of photos and project application materials. Witness (bat~) y Owner I ('Datel Witness (Date) Tenant/Business Owner (Date) CRA Director (Date) 7786 Boynton Beach Community Redevelopment Agency Facade Grant Program Agreement Page 2 of 2 Boynton Beach Woman's Club Boynton Beach Community Redevelopment Agency Facade Improvement Grant Application Project Information Introduction The Boynton Beach Woman's Club has played a significant role in the social and cultural development of Boynton Beach since 1908, when a group of pioneer women met and decided to construct a building that could be used for recreation for their young families, a meeting place for civic and government groups, and which could serve as the City's first library. In 1925 their dream became a reality when the Boynton Woman's Club, designed by the famed architect Addison Mizner, was built for the sum of $50,000. The 16,000 square foot facility was dedicated to the Town's founder, Major Nathan Boynton. Placed on the National Register of Historic Places in 1979, the building is one of only 2 historic structures in the City and one of the few remaining Mizner buildings in the State with public access. Today the building still houses the monthly meeting of the Woman's Club, as well as meetings of the Boynton Beach Historical Society, the Kiwanis Club, the Boynton Beach Garden Club and is rented to the public for events such as weddings, graduations or retirement parties. After the recent hurricanes, the City transferred all recreation programs from the Civic Center and operated free of charge out of the Woman's Club for several months. The Project The maintenance and upkeep of the building is the primary responsibility of the Woman's Club, with assistance from the Mizner Foundation. The Club has completed several major faCade improvements in the past few months such as: resurfacing the parking area, replacing all the rotten wood around the 48 oversized French doors and 50 windows, (all doors were sanded sealed and repainted), removing the old chain link fence and replacing it with a decorative aluminum green fence. All of these items not only improved the appearance of the Woman's Club, but as this building is currently one of the largest buildings along the downtown Federal Highway corridor, these efforts also greatly improved the appearance of the entire area. Grant Request The request is for faCade improvement grant funds to complete the exterior upgrading of the building by pressure cleaning and painting the entire structure. The Woman's Club is requesting $6,250 in funds for this work. The building has not been painted in over 10 years and with the recent hurricanes the exterior has taken quite a beating. The painting project will cost $12,500 and the Woman's Club will pay for 50% of the cost, thereby achieving the match requirement. In addition to this building having special significance for the City, the facility due to ?787 its grace and interior elegance is now rented almost every Saturday for the upcoming year for weddings, with brides coming as far away as Ft. Lauderdale. This provides jobs and traffic for the area caterers, florists, printers and event planners. The facility seats over 250. The parking lot of the Club also serves as public parking for the area and overflow parking for the Boynton Senior Center, when not in use for Club events. 7788 Boynton Beach Woman's Club Boynton Beach Community Redevelopment Agency Fa(~ade Improvement Grant Application Attachments 1. Project Description 2. Painting Bids from 3 licensed contractors (note: proposal from Underhill Painting does not include windows and doors, as the other 2 proposals do) 3. Time Line-as soon as the project is approved the contractors are ready to begin work and the job should be completed within 3 weeks. The color will remain the same as it is currently. 4. Evidence of Financial Ability to Pay-copy of Bank of America Bank Statement for the Woman's Club 5. Photos attached 7789 LONG £SL ND PA 17VTEVG, 8'339 Duomo Circle 8oynton Beach, FL 3~37 (~1) 7~ ~ynt~ ~ ,, (~) ~-~ ~ Pain~n~,~ Li~, I~, B~ TIIE WOMEN'S CLUB 1010 FEDERAL HIGHWAY BOYNTON BEACH, FLORIDA 33437 561 3694745 FAX 561 369-2300 OFFICE 561 734-6O49 HOME ESTIMATE AND/OR AGREEMENT Electric sand windows, doors and all wood surfaces Pressure clean retire house Stu~e,o patch, fix cracks and caulk where needed Apply one (1) coat of waterproof sealer Al~ply one (1) coat of Sherwin-Williams Paints Apply one (l) coat ofoil base primer se~Jer Apply one (1) co~t of glo~ -oil base on W'mdows Stucco paint on ent~ house Tot~ Price Deposit Half of balance to be [mid ~ea work is fifty per-cent done $7,695,00 Remaining balanco of $7,695.00 to be paid when work is completed Work to ,tart on or about Please sign and return with deposit to start work MAY 2004 $17,390.00 $ 15,390.00 Customer Sal Trigona - President ~ 7790 ~;d NdO~':EO ,"'4~f'3C 8; 'Rel4 ££95'££/I9C, T: 'ON XUd 6u'~q.u!edpue[9I 6woq: WOdd Complete Home Renovations PROPOSAL 9977 LIBERTY ROAD BOCA PA, TON, FL. 33434 Phone 561 470-5555 proposal #76 DATE: April 27, 2004 Bill To: BOYNTON BEACH WOMANS CLUB 1010 S FEDERAL HIGHWAY BOYNTON BEACH FL 33425 For: EXTERIOR PAINTING Description PRESSURE WASH ALL STUCCO. REMOVE ALL LOOSE PAINT. CAULK ALL GAPS AND CRACKS. PAINT ALL STUCCO,TRIM AND RAILINGS. PAINT EIGHT WINDOWS AND TEN DOORS NUMBERED AS PER W1NDOVV AND DOOR PLAN -ELW1 ,ELW2 ,ELD3 ,ELD4 ,ELD5 ,ELD6 ,ELD7 ,El_D8 ,ELD9 ,ELW10 ,EUVV8 ,EUVV9 ,WLD3 ,VVLD4 ,WLD5 ,SLW1 ,SLW2 ,SLW6. PRICE INCLUDES ALL LABOR AND MATERIALS. Total: $12,300.00 If you have any questions conceming this proposal, contact JOHN HARRISON 561-470-5555 7791 Estimate Dy ~C Underhill Painting, Inc, I~ Since 1979 ' A Na~e Yo~ Can Treat' LJc~I31~I ~-1~21 e~ 6. Ua~ Trna B4 · ~ ~h, ~ ~ (~1) 3~700 C,~,~L~,~~ ~ --- ,_ J . PLEASE VISIT OUR PAINT & HARDWARE 5TORE- 7792 BankofAmerica Bank of America, N.A. ~~ll~~'~ P.O Box 25118 Tampa, FL 33622-5115 1.800.432.1000 www.bankofamericacom H Page 1 of 1 Account Number: 0054 8052 0451 Fl) P 0A Enclosmes 0 23 Statement Period 12/01/04 thro~gh 12/31/04 0030985 00010359 1 AT 0.292 12 0190~ 001 SCH999 I1 BOYNTON WOMANS CLUB LI[LIAN OLIVER OSTIGUY-SIGNER LEONE A BUFFAN-SIGNER PO BOX 1155 BOYNTON BEACH FL 55625-1155 Our free Online Banking service allows yoll to check balances, track occount activity and mine Enroll at www.bunkofmnerica.com aximizer Account Account Summary Information Statement Period 12/01/04 through 12/3!/04 Number of Deposits/Credits 1 Number of Withdrawals/Debits 0 b ber of Enclosures N. aber of Days in Cycle Amount of Interest Paid Annual Percentage Yield Earned This Statement Period Statement Beginmng Balanc~ Amount of Deposits/Credits Amount of Withdrawals/Debits Statement Ending Balance 0 31 Average Collected Balance Average Ledger Balance Service Charge Interest Information 11.52 0.92% Interest Paid Year-to-Date Withholding Year-to-Date 14,773.11 11.52 0.00 14,784.63 14,773.48 14,773.48 0.00 68.17 0.00 Deposits and Credits · Reference 12/31 11.52 Interest Earn~l Daily Ledger Balances ,:,,Balance , ,, ,~, ~. Date: Balance 12/01 14,773.11 12/31 14,784.63 7793 TAXING AUTHORITY COUNTY NO'rlC~ Of PROPOSED PROPERTY TAXES AND PROPOSED OR ADOPTED NON-AD VALOREM ASSESSMENTS CONTRoLPROPERTYH°. 08-43-45-28-24 - 000 - 0040 2003 PROPOSED AD VALOREH TAXES iEG~,L DESd~IPT]0N OF PROPERTY: The taxlngauthorihes which levy propedry taxes against your property will soon PARKER EST hold PUBLIC HEARINGS to adopt budgets and tax rates Eot the Rex1 year LTS ~ TO 7 INC (LESS RD R/H) ThepurposeoflhesePUBLICHEARINGS~storece~veopm~onstrorntheqeneral eubhc and 1o answer questions on the proposed tax change and budgel PI~IOR TO TAKING FINAL ACTION. Each taxing authorlP~/ may AMEND OR ALTER ds proposal at the heanng A PUBLIC HEARING ON THE PROPOSED TAXES AND BUDGET WILL BE HELD: !PUBLIC SCHOOLS BY STATE LAW BY LOCAL BOARD CITY SFWMD EVERGLADES CONST . PROJ . F.I .M.D. CHI LD SERV HEALTH Voler ..1 roved Debl COUNTY DDT SCHOOL DDT CITY DBT YOUR PROPERTY [ YOUR TAXES THIS YE. AR IF PROPOSED BUDGET ~,sT yEAR 00 .00 .00 .00 .00 .00 .00 .00 ,00 .00 .00 .OO COLUMN 1 COLUMN 2 .00J .00 .00, .00 .00 .00 .0 .00 .00 op PALM BEACH COUNTY (561) 355'-3996 9/11 7:00 PM 301N OLIVE AVE 6TH FL HEST PALM BEACH 33401 PBC SCHOOL BOARD (561) 43q-8837 9/08 5:20 PM 3300 FOREST HILL BLVD HEST PALM BEACH 33406 CITY OF BOYNTON BEACH (561)742-6312 9/04 6:00PM 100 E BOYNTON BCH BLVD BOYNTON BEACH 33435 TOTAL AD VALOREM PROPERTY TAXES SO FLA HTR MGT DIST (561) 682-2934 9/09 5:ISPM 3301 GUN CLUB ROAD HEST PALM BEACH 33406 FL INLAND NAVIG OIST (561) 627-3386 9/04 5:30PM 210 MILITARY TRAI L JUPITER 334581 CHILORENS SV COUNCIL (561) 655-1010 9/10 6:00PM 1919 N FLAGLER DR PBC HEALTH CARE DIST (561) 659 9/10 2:00 PM 324 DATURA ST STE 4011 HEST PALM BEACH 3340 OO NOT PAy TFIIS tS * NOT * A BILL YEAR IRV t HiS JOGEI SEE REVERSE SIDE FOR EXPLANATIONS COLUMN 3 YOUR PROPERTY VALUE LAST YEAR 38205~ 382050 !~ A~T TXBL III MARKET VALUE ASSESSED VALUE EXEMPTIONS TAXABLE VALUE yOUR PROPERTY VALUE THIS YEAR, 35497 : ~5~9Z5 NO AHT,TXBL IF YOU FEEL THE MARKET VALUE OF YOUR PROPERTY IS INACCURATE OR DOES NOT REFLECT FAIR MARKET VALUE, CONTACT YOUR PROPERTY APPRAISER AT: Agriculture (561) 355-2646 Commeroal (561t 355-4090 GOVERNMENTAL CENTER - 5th FLOOR 301 N. OLIVE AVE. Condominium (561) 355-2690 Exemptions ($61) 355-2866 WEST PALM BEACH, FLORIDA 33401 Residential SEE ~NSERT IF THE PROPERTY APPRAISER'S OFFICE IS UNABLE TO RESOLVE THE MATTER AS TO MARKET VALUE, YOU MAY FILE A PETITION. PETITION FORMS ARE AVAILABLE FROM THE COUNTY PROPERTY APPRAISER'S OFFICE, YOUR PETITION MUST BE FILED WITH THE CLERK OF THE VALUE ADJUSTMENT BOARD Of/ OR BEFORE: 15-SEP-03 5:00 PM AT 301 N. OLIVE AVENUE, WEST PALM BEACH, FLORIDA 33401 OLID HASTE AUTHORITY 2003 PROPOSED ANDiOR ADOPTED NON;AD VALOREM ASSESSMENTS: : :i LEVYING AUTHORITY ( TELEPHONE NUMBER , 561 )697-2700 DO NOT PAY THIS IS NOT A BILL I,,Ih,,ll,,h,l,,I,hhl,,,,Ih,,Ih,lh,hl,,,Ih,hh,l,hl ~8-45-~5-28-24-000-0040 0898fi 34 BOYNTON WOMANS CLUB PO BOX I135 BOYNTON BEACH FL 33425 1135 7794 RATE ASSESSED AMOUN-~ 1111.09-- i i ~ 1 .-0-' TOTAL NON-AD VALOREM 1111 . 0 c 08-43-45-28-24-000-0040 463170 T : 0OOO0GB/2 BOYNTON BEACH CRA AGENDA ITEM REQUEST FORM Requested CRA Date Final Materials Must be Requested CRA Meeting Dates Turned Meeting Dates into CRA Office [] January 11, 2005 December 28, 2004 (Noon.) [] July 12, 2005 [] February 8, 2005 January 25, 2005 (Noon) [] August 9, 2005 I March 8, 2005 February 22, 2005 (Noon) [] September 13, 2005 [] April 12, 2005 March 29, 2005 (Noon) [] October 11,2005 [] May 10, 2005 April 26, 2005 (Noon) [] November 8, 2005 [] June 14, 2005 May 31,2005 (Noon) [] December 13, 2005 NATURE OF AGENDA ITEM · Consent Agenda [] Old Business [] Director's Report [] New Business DATE: February 24, 2005 Date Final Materials Must be Turned int.~o CRA Office June 28, 2005 (Noon) July 26, 2005 (Noon) August 30, 2005 (Noon) September 27, 2005(Noon) October 25, 2005 (Noon) November 29, 2005 (Noon) [] Legal [] Future Agenda Items [] Other Item SUBJECT SUMMARY PARAGRAPH: The CRA has been approached by the NAACP to become a Corporate Life Member. Staff has attached the membership application and cost for your review. RECOMMENDATION: Staff is recommending the approval of the one time life membership to the NAACP. EXPLANATION: (Background of the issue: Who, What, Where, When, How, Etc.) The CRA has been approached by the NAACP to become a Corporate Life Member. FISCAL IMPACT: The CRA has received additional TIF funds and would appropriate $5,000 in the Membership and Subscription budget line item. ALTERNATIVES: The alternative is to not become a member of the NAACP. CRA Staff L~_____~flutchinson, CRA Director 7795 C:\Susan_shared files\memos\CRA Agenda Item corporation sponsorship for NAACP.doc oot. iu~ IOAL~ BEACH COUif?¥ NAACP PO BOX ~ o~6, ._;u;.~ iON M~s. · ~ , AddresS3 - _ Solicitor 5 .... -ct.c*~- i0.3 Ad&ess Telephone#~)'-l:Y~l. Zip Zip Regular Membership Regular ............................ $30.00 [] Contributing ....................... $40.00 [] Includes Membership and Crisis Magazine Life Membership Junior (up to age 13)...Full Cost $100.00 [] Payable tn annual installments o1'25.00 or more. Bronze IAfe (age 14 to 19)..Full Cost $400.00 7'1 .i'~wahJe in armua} in~allrntml~ uf .$5t} {1¢} or more Silver Life ................... full co~ $750.00 ~ ] mvablc m mmual mst ~alLmcnts o£ $50.00 or more. Win .(Women in NAAC?) ............ $10.00 [] IG'oid Life .................... full cost 1,500.00 [] Youth (up to 21/crisis Magazine ..... $15.00 ~ available to fully paid silver lire members only Youth (up to 21 v~Sthout magazine)..$I0.00 [] ...... b, ;, · -, ,' ~pa.,..e .~ aam~; m~xzdhneats of $100.O0 or more. ~, t-urlaorate ............... Full Co~ $5.000.00~r'' 7796 BOYNTON BEACH CRA AGENDA ITEM REQUEST FORM Requested CRA Date Final Materials Must be Requested CRA Meeting Dates Turned Meeting Dates into CRA Office [] January 11,2005 December 28, 2004 (Noon.) [] July 12, 2005 [] February 8, 2005 January 25, 2005 (Noon) [] August 9, 2005 I March 8, 2005 February 22, 2005 (Noon) [] September 13, 2005 [] April 12, 2005 March 29, 2005 (Noon) [] October I 1,2005 [] May 10, 2005 April 26, 2005 (Noon) [] November 8, 2005 [] June 14, 2005 May 31,2005 (Noon) [] December 13, 2005 NATURE OF AGENDA ITEM · Consent Agenda [] Old Business [] Director's Report [] New Business Date Final Materials Must be Turned int___qo CRA Office June 28, 2005 (Noon) July 26, 2005 (Noon) August 30, 2005 (Noon) September 27, 2005(Noon) October 25, 2005 (Noon) November 29, 2005 (Noon) [] Legal [] Future Agenda Items [] Other Item DATE: March 1, 2005 SUBJECT SUMMARY PARAGRAPH: The CRA Staff has attached work order//4 for the extension of Financial Advisory services for RBC Dain Rauscher to investigate and develop a conceptual plan for the financing and/or scope of incentives for the project currently know as "Ocean One". CRA Staff and Julie Turner will bring back recommendations to the CRA Board following the completion of Phase I services before moving to Phase II. RECOMMENDATION: CRA Staff is recommending the approval of Work Order #4 Phase I for the extension of Financial Advisory services. Note that depending on the ultimate project structure, these services may be minimal. EXPLANATION: (Background of the issue: Who, What, Where, When, How, Etc.) The CRA Board was presented with the "Ocean One" concept at the CRA workshop. As part of this concept, the CRA Board was presented with the idea of the CRA investigating various bond structuring and/or Incentive for the projects public elements. FISCAL IMPACT: CRA Staff has budgeted $505,233 for professional services for CRA Projects. $205,245 is available for future contracts to be determined as needed. CRA Staff ALTERNATIVES: The alternative is to not help to develop a bond financing structure for the parking garage. ~ /~uglas Hutchinson, CRA Directo~ 7797 C:\Susan shared files\memoshVlemo CRA Agenda Item Request form - Consideration of work order #4 financial advisory.doc WORK ORDER FOR FINANCIAL ADVISORY SERVICES MASTER CONTRACT NAME: Financial Advisory Contract DATE CONTRACT WAS APPROVED: February 19~ 2004 WORK ORDER NO: #4 DATE: 02/23/2005 PROJECT: Financing of parking garage project currently known as "Ocean One". AUTHORIZATION TO PROCEED: Execution of this Work Order by the Boynton Beach Community Redevelopment Agency (the "CRA") shall serve as authorization for RBC Dain Rauscher (the "Financial Advisor") to provide professional services for the above Project. Whenever the Work Order conflicts with the Financial Advisory Services Agreement dated as of February 19, 2004 (the "Agreement"), such Agreement shall prevail. DESCRIPTION: Phase 1- Planning and Development SCOPE OF WORK Attend meetings as requested by the CRA for the purpose of developing a plan to address the capital needs for the Project and how these needs should be funded. Perform a comprehensive analysis on the potential impact of the financing on the CRA's budget, outstanding debt and future capital needs. Analyze financing methods to determine the best method to finance the Project. The Financial Advisor shall provide advice as to the advantages and disadvantages of different securities for the Project, long term financing options and credit enhancements. The Financial Advisor will make recommendations as to the use of municipal bonds, surety bonds, letters of credit and/or other credit enhancement devices, if appropriate. Prepare a comprehensive plan for the offering of bonds, taking into consideration federal arbitrage regulations and other legal parameters, presenting financing alternatives, evaluating debt capacity, evaluating future flexibility and vulnerability to market conditions, estimating financing costs and setting forth various structuring alternatives. If appropriate, consult with the rating agencies xvith regard to the proposed financing, attend meetings and participate in those meetings. Phase II - Bonds SCOPE OF WORK 1. Prepare a time schedule coordinating the actions of the CRA and other members of the bond work group, estimating the date of the sale of bonds and availability of the proceeds. The Financial Advisor may be asked to consult with the bond work group to select the underwriting services associated with the financing. 2. If appropriate, assist in the preparation of materials for presentations to rating agencies and assist in obtaining the most favorable rating possible. 3. Provide assistance and recommendations with the selection of ancillary service providers such as registrar, trustee, bond counsel and printer. 4. Advise on the appropriate timing of the bond sale, terms and conditions of the sale such as maturity schedule, underwriter discounts and redemption provisions. 7798 5. Advise the CRA as to the advantages and disadvantages of a negotiated versus a public sale of bonds. 6. Provide CRA Bond Counsel with information regarding bond structure necessary for the drafting of the authorizing bond resolution or ordinance and validation documents. 7. Act as a liaison ~vith CRA Bond Counsel and coordinate other professionals providing information in connection with the proposed financing. 8. Assist the work group in preparation of the preliminary and final official statement for the bonds in conformance with full disclosure guidelines and arranging for its printing. 9. Provide any other work products related to the debt offering necessary for financial planning and bond sale purposes. 10. Assist with bond closing details. 11. Ensure that the CRA has the necessary schedules of bond payments and other information relevant to the completed financing. 12. Advise on the investment of bond proceeds and other funds and solicit bids on same, if requested. TIME FOR COMPLETION: The Financial Advisor shall use its best efforts to substantially complete the Work Order No #4 as expeditiously as possible. COMPENSATION: Phase I - Payment to the Financial Advisor shall be made by the CRA in accordance xvith the payment terms set forth in the Agreement. This Work Order is issued on an: [X] Hourly Rate Method [ ] Another Method pursuant to the Agreement as described below. If this Work Order is issued on an Hourly Rate Method, the Financial Advisor shall perform all work required by this Work Order and will be compensated based on the hourly fee schedule set forth in the Agreement, plus reimbursable out-of-pocket expenses. b. If this Work Order is issued on another Method pursuant to the Agreement, such Method is specified as follows: Any compensation for work performed on the Project will not exceed this amount without prior written authorization of the CRA. It is expressly understood by the Financial Advisor that this Work Order, until executed by the CRA. does not authorize the performance of any service by' the Financial Advisor. Phase II - This Work Order is issued on an: [ ] Hourly Rate Method [X] Another Method pursuant to the Agreement as described below. If this Work Order is issued on an Hourly Rate Method, the Financial Advisor shall perform all work required by this Work Order and will be compensated based on the hourly fee schedule set forth in the Agreement, plus reimbursable out-of-pocket expenses. If this Work Order is issued on another Method pursuant to the Agreement, such Method is specified as follmvs: 7799 1. Minimum fee of $15,000 per transaction 2. Par Amount of Bonds Issued Fee Per $1,000 FirstS0-$15,000,000 $1.50 $15,000,000- $25,000,000 $1.35 $25,000,000- $50,000,000 $1.25 $50,000,000 - $100,000,000 $1.00 $100,000,000 and above $0.75 'There shallbe a surcharge of$5,000forcompetitive sales and/orrefunding. In the capacity of placement and/or pricing agent of interest rate sxvaps or derivative products, the Financial Advisor will charge a fee of 0.05% of the weighted average balance to be swapped each year, discounted at a taxable yield, subject to a minimum and maximum dollar amount of each transaction reflecting the complexity and risk associated with such transaction. The Financial Advisor's services related to interest rate swaps or any other derivative product will be subject to an additional agreement with the CRA. For the preparation of the bid solicitation and review of bids received for securities to be purchased for escrow accounts, guaranteed investment agreements and other investments, the Financial Advisor shall be paid a placement fee of five basis points (.05%) of the principal amount to be invested each year of the agreement, discounted at a taxable yield, subject to a minimum and maximum dollar amount of each transaction. The Financial Advisor's services related to investments will be subject to an additional agreement with the CRA. The Financial Advisor shall be reimbursed for all out-of-pocket expenses in connection with work preformed for the CRA. Travel expense reimbursement shall comply with the State of Florida's policy for reimbursement of City Employees. Any compensation for work performed on the Project will not exceed this amount without prior ~itten authorization of the CRA. It is expressly understood by the Financial Advisor that this Work Order, until executed by the CRA, does not authorize the performance of any service by the Financial Advisor. 1N WITNESS WHEREOF, the parties hereto have made and executed this Work Order as of the date first above written. RBC DAIN RAUSCHER BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY By: Julie A. Turner, First Vice President By: 7800 Jeanne Heavilin BOYNTON BEACH CRA AGENDA ITEM REQUEST FORM Requested CRA Meeting Dates [] January 11,2005 [] February 8, 2005 I March 8, 2005 [] April 12, 2005 [] May 10, 2005 [] June 14, 2005 Date Final Materials Must be Requested CRA Turned Meeting Dates into CRA Office December 28, 2004 (Noon.) [] July 12, 2005 January 25, 2005 (Noon) [] August 9, 2005 February 22, 2005 (Noon) [] September 13, 2005 March 29, 2005 (Noon) [] October 11,2005 April 26, 2005 (Noon) [] November 8, 2005 May 31,2005 (Noon) [] December 13, 2005 Date Final Materials Must be Turned int.~o CRA Office June 28, 2005 (Noon) July 26, 2005 (Noon) August 30, 2005 (Noon) September 27, 2005(Noon) October 25, 2005 (Noon) November 29, 2005 (Noon) NATURE OF AGENDA ITEM I Consent Agenda [] Old Business [] Director's Report [] New Business [] Legal [] Future Agenda Items [] Other Item DATE: February 4, 2005 SUBJECT SUMMARY PARAGRAPH: Staff has attached a purchase contract for Parcel #130, Willie Adams and Effie Mae Adams at 103 NW 8TM Avenue Boynton Beach, FI 33435. The Urban Group has negotiated the purchase for $100,000 contingent on the approval of the Replacement Housing Benefit Payment of $100,000 for a total sum of $200,000. Effie & Willie Adams have located a replacement dwelling at 1147 Monroe Boulevard in Lantana, FI. RECOMMENDATION: Staff is recommending the purchase of Parcel #130, Willie Adams and Effie Mae Adams. EXPLANATION: (Background of the issue: Who, What, Where, When, How, Etc.) This is one of the 31 properties the CRA Board approved for purchase. The projects Appraisals, Review Appraisal, (2) original contracts, copies of notices provided at initiation of negotiations, recommendation of settlement, relocation cost summary for this project are on file at the CRA. FISCAL IMPACT: The CRA has budgeted $2,000,000 for these projects in this budget year and has $1,496,356 available. ALTERNATIVES: The alternative is to stop the HOB Phase I purchases. ; CRA Staff kA, Lt~ouglas Hutchinson, CRA Director 7801 C \Susan_shared files\memosXCIhA Agenda Item Request lbrHOB propety.doc February 22, 2005 Years of Mr. Douglas Hutchinson Director Boynton Beach CRA 639 East Ocean Boulevard Suite :103 Boynton Beach, FL 33435 RE: Delivery of Documents - Parcel 130, Wiile Mack & Effie Mae Adam,, Dear Hr. Hutchinson: A complete package has been prepared for submittal to the CRA Board on Parcel 130,Willie Nack & Effie Mae Adams. This package includes all support documentation required for a decision to be rendered regarding the approval of necessary funding. The package being hand delivered on this date includes: Appraisal Review Appraisal (2) Original Contracts Copies of Notices provided at Initiation of Negotiations Recommendation for Settlement Relocation Costs Summary Should you have any questions or require additional information, please do not hesitate to call me @ (954) 522-6226, extension 116. Sincerely, The Urban Group, Inc. Barbara Matlack Senior Realty Specialist Enclosures 7802 The Urban Group, Inc. · 1424 South Andrews Avenue. Suite 200. FortLauderdale, Fiorida33316 TELEPHONE 954-522-6226 · FAX 954-522-6422 . www.theurbangroup.com NEGOTIATION SUMMARY & RECOMMENDATION FOR SEI-rLEMENT Seller: Site Address: Legal Description: Parcel Identification Number: Property Assessment Value: Appraised Fair Market Value: Date of Value: Willie Adams & Effie Adams 103 NW 8TM Avenue Boynton Beach, Florida 33435 Parcel # 130 Lot 147, Block D, according to the Plat thereof, as recorded in Plat Book 4, Page 51, of the Public Records of Palm Beach County, Florida 08-43-45-21-07-004-1470 $53,563.00 $100,000.00 June 20, 2004 Seller's Position: The Urban Group has negotiated a contract to purchase the subject parcel for $100,000.00., contingent on the approval of the Replacement Housing Benefit Payment of $100,000., for a total sum of $200,000. Effie & Willie Adams have located a replacement dwelling at 1147 Monroe Boulevard in Lantana, FL. This contract is contingent on the CRA Board approving the contract amount, the replacement housing payment and a closing to occur on or before April 15, 2005, the date specified on the replacement property contract for sale and purchase. Buyer's Position: The CRA hired an independent State Certified General Real Estate Appraiser, D. Craig Keneipp to determine the fair market value of the subject property. Based on a date of value of June 20, 2004, the fair market value of this property is $100,000.00. This contract is contingent on the CRA Board approving the contract amount, the replacement housing payment and a closing to occur on or before April 15, 2005, the date specified on the replacement property contract for sale and purchase. The language found in the CRA Standard Contract allows the Buyer to complete due diligence including an environmental assessment. In the event of any adverse findings, the Buyer has the right to withdraw from the contract without penalty. This clause gives the 7803 t ~ The Urban Group, lnc. · 1424 South Andrews Avenue · Suite 200 · Fort Lauderdale, Florida 33316 TEI_EPtlONE 954-522-6226 · F,,\X Negotiation Summary & Recommendation for Settlement Willie & Effie Adams - 103 NW 8TM Avenue, Boynton Beach, Florida February 22, 2005 buyer the right to cancel the contract by delivering written notice to the seller no later than 5:00 p.m. on the second business day after the investigation period has lapsed. Potential Cost of Litigation The CPA's costs and property owner's costs of proceeding through Order of Taking and trial were obtained from Goren, Cherof, Doody & Ezrol, P.A. and historical information obtained from the Department of Transportation's Legal Counsel in Fort Lauderdale, Florida. They projected the CPA's and owner's combined litigation cost to exceed $37,500.00 ($13,500. property owner's costs + $24,000. agency costs). The breakdown of costs is as follows: Typical Eminent Domain Litigation Expenses PROPERTY OWNERS CR~'S COSTS COSTS Appraisal Costs (update & testimony) $7,500.00 $7,500.00 Court Costs (Depositions, Mediation, Service of Process, ~ $5,000.00 Sheriff Fees, Notice of Action, Court Reporter, Jury Transportation) Suit Preparation Fees , $5,500.00 Attorney Fees $6,000.00 ] $6t000.00 Total Potential Costs of Litigation $13,500.00 ! $24t000.00 Comments/Recommendations: The contract purchase price is at appraised value. The subject home is occupied by an owner, occupant, thus the total cost involved in the acquisition and relocation of this parcel is set by the cost of a comparable replacement dwelling. Comparable sales of similar, two bedroom, one bath, single-family residences located in the subject area ranged from $140,000. to over $190,000.00, and it appears that values have trended upward considerably compared to the comparables used by the appraiser. In the event the CRA does not accept the counteroffer, it is likely this property will have to be purchased through litigation. In closing, we recommend the CPA accept the property owner's executed contract (in the amount of $100,000.) which is contingent on the approval of the necessary relocation funds ($100,000.) to purchase a comparable replacement dwelling in the amount of $200,000. By agreeing to the aforementioned terms, the CPA can avoid risk-exposure related to a jury verdict above the CRA's appraised value, and avoid additional owner attorney, appraisal, contractor, expert witness fees, court costs, and O.T. preparation costs. 7804 Page 2 of 2 Negotiation Summary & Recommendation for Settlement Willie & Effie Adams - 103 NW 8th Avenue, Boynton Beach, Florida February 22, 2005 Respectfully Submitted: Barbara rvlatlack Senior Realty Specialist Date The Urban Group, ]:nc, Review Barry Lazarus Date Project Manager Boynton Beach CRA Director's Concurrence: Doug Hutchinson BBCRA Director Date Boynton Beach CRA Board Approval: Jean Heavilin Chair, BBCRA Board Date Attachments: Appraisal Review Appraisal (1) Original Contracts & (1) copy Copies of Notices provided at :Initiation of Negotiations CC: Howard Steinholz, Barry Lazarus, File 7805 Page 3 of 3 Claim Explanation Heart of Boynton Project Parcel 130.001o Willie Mac Adams and Effie Mae Adams The May 2004 approved Needs Assessment Report cost estimate provided $25,000 for a replacement housing payment (RHP) for the subject. The appraised value for the subject property is $100,000 with a date of value of July 20, 2004. The number one comparable replacement dwelling had a listing price of $159,900 on September 24, 2004 resulting in an RHP of $59,900. Since the Initiation of Negotiations in September 2004, prices of real estate have increased dramatically. The Sun-Sentinel, in a January 26, 2005 article, reported that there is a tightening supply of for-sale properties and that sale prices in all of South Florida leaped 20% in the month of December, with Palm Beach County showing a 31% increase. The median cost of a house in Palm Beach County is now $339,300. Our current market research indicates that listing prices for suitable replacement dwellings for the Adams family begin at $199,000. Since the total amount paid for an owner-occupied residential dwelling is determined by the number one Mr. and Mrs. Adams have located and negotiated a purchase price for a replacement dwelling situated in Lantana. The negotiated purchase price is $200,000.00. The following payments are recommended: 1. provide an RHP purchase additive in the amount of $100,000; 2. provide the July 2004 appraised value of $100,000 for the contract sales price of the subject property. This will provide the CRA with a corner property on Seacrest Boulevard and will provide the homeowners with a sufficient amount of money to accomplish their move to a decent, safe and sanitary replacement dwelling. Incidental expenses: The displaced family is eligible to receive reimbursement for incidental expenses including closing costs, appraisal fee, home inspection, title search and insurance. Closing costs range from 3-6% of purchase price. Since there is no mortgage involved, 4%, or $8,000.00 is estimated. 7806 Heart of Boynton Parcel 130.001o Page 2 Moving costs: The displaced family is eligible for reimbursement of moving costs according to the Federal schedule. The room count in this case is as follows: 6 rooms in the house, one work area, 2 storage areas plus the yard area. The total room count is 10 rooms; the move cost schedule allows $1,900.00 for move costs. Total cost: Acquisition of the real estate: $100,000 RHP $100,000 Incidental expenses $ 8,000 Move costs $ 1,900 Total $209,900 Submitted by Diane Mason Relocation Project Manager, The Urban Group, Inc. February 22, 2005 7807 BOYNTON BEACH CRA AGENDA ITEM REQUEST FORM Requested CRA Meeting Dates [] January 11, 2005 I February 8, 2005 [] March 8, 2005 [] April 12, 2005 [] May 10, 2005 [] June 14, 2005 NATURE OF AGENDA ITEM Date Final Materials Must be Requested CRA Turned Meetin£ Dates into CRA Office December 28, 2004 (Noon.) [] July 12, 2005 January 25, 2005 (Noon) [] August 9, 2005 February 22, 2005 (Noon) [] September 13, 2005 March 29, 2005 (Noon) [] October 11, 2005 April 26, 2005 (Noon) [] November 8, 2005 May 31,2005 (Noon) [] December 13, 2005 [] Consent Agenda [] Old Business [] Director's Report I New Business Date Final Materials Must be Turned int..__.qo CRA'Office June 28, 2005 (Noon) July 26, 2005 (Noon) August 30, 2005 (Noon) September 27, 2005(Noon) October 25, 2005 (Noon) November 29, 2005 (Noon) [] Legal [] Future Agenda Items [] Other Item DATE: January 30, 2005 SUBJECT SUMMARY PARAGRAPH: The CRA has been in negotiation for over six months on certain properties in the Heart of Boynton, Martin Luther King Boulevard Phase I area. We have purchased several properties and have several more in contract negations. The properties identified in this item are recommended to take the next step for acquisition. We would need to have the CRA Board request the City to declare these lots for the Eminent Domain process. RECOMMENDATION: CRA Staff and TUG recommend to seek purchase through Eminent Domain on specific parcels where further negotiations are stalled or unproductive. EXPLANATION: (Background of the issue: Who, What, Where, When, How, Etc.) The CRA needs to set a date certain declaration for the Eminent Domain process to begin. This process allows for continued negations, but sets issues such as sale to others and development on the individual parcels. FISCAL IMPACT: This is a budgeted item. ALTERNATIVES: Seek to secure the properties through further negations, however this may delay Phase I Redevelopment. CRA Staff "~'~Douglas Hutchinson, CRA Director 7808 C:\Susan_shared files\memoskMemo CRA Agenda Item Request form - Consideration of request of City Commission for Eminent Domain MLK Phase l.doc LETTER TO MAYOR OF BOYNTON BEACH Dear Honorable Mayor Jerry Taylor: This letter shall serve as the Boynton Beach Community Redevelopment Agency's formal request to the City of Boynton Beach to institute eminent domain proceedings on the CRA's behalf. As you know, the CRA does not have the statutory authority to institute eminent domain proceedings. The parcels proposed to be taken by eminent domain, if they cannot be obtained thrOugh mutually acceptable negotiations, include the parcels known as parcels 101, 103, 104, 105, 106, 107, 107A, 110, 114, 115, 118, 124, 125, 126 and 127 in the Heart of Boynton project area. (See attached list) The public purpose of taking these parcels is to eliminate blight and slum and for the future construction of improvements to the Heart of Boynton area. This will improve the health, safety and welfare of all Boynton Beach citizens. I have attached a copy of a draft resolution that the City Commission may use in order to authorize the eminent domain proceedings. This resolution contains an attachment (composite Exhibit A) which provides a description of each parcel. This request and the draft resolution were approved and authorized by the CRA Board at its regular meeting of March 17, 2005. Please do not hesitate to contact me if you have any questions. Thank you for your assistance. Sincerely, CC: Chairperson Jeanne Heavilin CRA Board members Douglas Hutchinson 7809 BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY 639 E. Ocean Ave. Ste. 103 Boynton Beach, FL 33435 Office: 561-737-3256 · Fax: 561-737-3258 March 4, 2005 Mr. Douglas Hutchinson, Director Boynton Beach Community Redevelopment Agency 639 East Ocean Avenue, Suite 103 Boynton Beach, Florida 33435 RE: Task Authorization No. CRA03-02 (Heart of Boynton) Recommended Parcels For Eminent Domain Dear Mr. Hutchinson: The following is a list of property owners we are recommending for the filing of a condemnation lawsuit. The agents negotiating these parcels have been unsuccessful in acquiring them in a reasonable amount of time, or negotiations have come to a impasse. Unless instructed otherwise, The Urban Group, Inc. will continue to negotiate until the filing of a lawsuit. PARCEL # 101 PROPERTY OWNER Keith Kern SITE ADDRESS SW corner of NE 1 l'h Ave. & North Seacrest COMMENTS: Seven contacts have been made since initiation of negotiations in August 2004. H. Adams Weaver, the owner's attorney, is requesting additional time to prepare his defense for a counteroffer. Agent is recommending the filing of a condemnation lawsuit to acquire this parcel in a timely manner. PARCEL # 103 PROPERTY OWNER Triumph the Church Kingdom of God SITE ADDRESS 115 NW 10th Avenue COMMENTS: Eight contacts have been made since initiation of negotiations in August 2004. The church is not represented by an attorney. In August 2004, the Pastor stated he was in the process of hiring an appraiser. However, as of January 25, 2005, had failed to do so and is requesting additional time to hire an appraiser and prepare a counteroffer. Agent is recommending the filing of a condemnation lawsuit to acquire this parcel in a timely manner. 7810 v Parcels Rec. for Condemnation.doc Page 1 of 5 The Urban Group, Inc. · 1424 South Andrews Avenue · Suite 200 - Fort Lauderdale, Florida 33316 TELEPHONE 954-522-6226 · FAX 954-522-6422 · www.theurbangroup.¢om PARCEL # 104 PROPERTY OWNER Marwan Ghali SITE ADDRESS NE corner of 10'h Avenue & Seacrest COMMENTS: Fourteen contacts have been made since initiation of negotiations in August 2004. The owner's attorney, Michael Rodriquez, of Sachs, Sax, and Klein, has requested a meeting on February 18. Agent is recommending the filing of a condemnation lawsuit to acquire this parcel in a timely manner, and will continue to negotiate. PARCEL # PROPERTY OWNER 105 Blanche Girtman SITE ADDRESS Approx. 50' E of Seacrest on NE 10TM Ave. COMMENTS: Eleven contacts have been made since initiation of negotiations in July 2004. The owner's attorney, Thomas J. Cunningham, Sr. of Cunningham & Cunningham, stated Ms. Girtman was not motivated to sell her property. Mr. Cunningham is requesting an unspecified amount of time to negotiate. Agent is recommending the filing of a condemnation lawsuit to acquire this parcel in a timely manner. PARCEL # 106 PROPERTY OWNER Marwan Ghali SITE ADDRESS 111 ML King Blvd. COMMENTS: Fourteen contacts have been made since initiation of negotiations in August 2004. The owner's attorney, Michael Rodriquez, of Sachs, Sax, and Klein, has requested a meeting on February 18. Agent is recommending the filing of a condemnation lawsuit to acquire this parcel in a timely manner, and will continue to negotiate. PARCEL # 107 PROPERTY OWNER Keith Kern SITE ADDRESS 117 NE 10th Avenue COMMENTS: Seven contacts have been made since initiation of negotiations in August 2004. H. Adams Weaver, the owner's attorney, is requesting additional time to prepare his defense for a counteroffer. Agent is recommending the filing of a condemnation lawsuit to acquire this parcel in a timely manner, and will continue to negotiate. The Urban Group, Inc. 7811 Page 2 of 5 PARCEL # 107A PROPERTY OWNER Keith Kern SITE ADDRESS Martin Luther King Blvd. COMMENTS: Seven contacts have been made since the initiation of negotiation in August 2004. H. Adams Weaver, the owner's attorney, is requesting additional time to prepare his defense for a counteroffer. Agent is recommending the filing of a condemnation lawsuit to acquire this parcel in a timely manner, and will continue to negotiate. PARCEL # 110 PROPERTY OWNER SITE ADDRESS Johnny & Betty Roberts 1002 NE 10thAvenue COMMENTS: Two contacts have been made since the initiation of negotiation (I/N) in January 2005. Four contacts had been made prior to I/N. The owner considers the offer unacceptable. Agent is recommending the filing of a condemnation lawsuit to acquire this parcel in a timely manner, and will continue to attempt contact. PARCEL # PROPERTY OWNER 114 Octavia Bell SITE ADDRESS 126 MLK Boulevard COMMENTS: Nine contacts have been made since the initiation of negotiation in October 2004. The owner's attorney John Bryan, of Scott, Harris, Bryan, Barra, & Jorgensen P.A., is being unresponsive. Agent is recommending the filing of a condemnation lawsuit to acquire this parcel in a timely manner, and will continue to attempt contact. PARCEL # PROPERTY OWNER 115 Marwan Ghali SITE ADDRESS 1005 N. Seacrest COMMENTS: Fourteen contacts have been made since initiation of negotiations in August 2004. The owner's attorney, Mr. Michael Rodriquez stated he had been advised by his client to postpone negotiations on this parcel. Agent is recommending the filing of a condemnation lawsuit to acquire this parcel. 7812 The Urban Group, Inc. Page 3 of 5 PARCEL # PROPERTY OWNER 118 Wayde & James King SITE ADDRESS Approx. 130' E of Seacrest on NE 9thAvenue COMMENTS: Six contacts have been made since initiation of negotiations in September 2004. The owner firmly stated he is not interested in selling his property. Agent is recommending the filing of a condemnation lawsuit to acquire this parcel. PARCEL # PROPERTY OWNER 124 Victor Scarpulla SITE ADDRESS 141 NE 9TM Avenue COMMENTS: Seven contacts have been made since initiation of negotiations in August 2004. Mr. Scarpulla is not represented by an attorney. This property is appraised at $132,000.00, and an offer of $200,000.00 had been made. The owner is Seeking $300,000. Negotiations are at a stalemate. Agent is recommending the filing of a condemnation lawsuit to acquire this parcel. PARCEL # PROPERTY OWNER 125 Doris Jefferson SITE ADDRESS 143 NE 9TM Avenue COMMENTS: Five contacts have been made since initiation of negotiations in October 2004. Mr. Jacob Rose, an attorney, claims to represent Ms. Jefferson. However, has failed to produce an attorney representation form signed by Ms. Jefferson. Agent is recommending the filing of a condemnation lawsuit to acquire this parcel in a timely manner. PARCEL # 126 PROPERTY OWNER L. King & D. Robinson SITE ADDRESS Approx. 550' Eof Seacreston NE 9~hAve. Six contacts have been made since initiation of negotiations in September 2004. The owner firmly stated he is not interested in selling his property. Agent is recommending the filing of a condemnation lawsuit to acquire this parcel. 7813 The Urban Group, Inc. Page 4 of 5 PARCEL # PROPERTY OWNER 127 James Johnson SITE ADDRESS 913 N. Seacrest Boulevard COMMENTS: Four contacts have been made since initiation of negotiations in August 2004. Mr. Jacob Rose claims to represent Mr. Johnson. However, has failed to produce an attorney representation form signed by Mr. Johnson. Agent is recommending the filing of a condemnation lawsuit to acquire this parcel in a timely manner. If you have any questions regarding this information, please call me at (954) 522- 6226, extension 177. Respectfully, THE URBAN GROUP, INC. Barry Lazarus Project Manager CC' Dale S. Sugerman, City of Boynton Beach Susan Vielhauer, Boynton Beach Community Redevelopment Agency Howard Steinholz, The Urban Group, Inc. 7814 The Urban Group, Inc. Page 5 of 5 HOB Phase I Purchase Parcel Number I Name I Address I Statu~ CRA Proprities Pruchased 102 Hazel White 108 Deliverance by Faith Church 117 NE 9th Avenue Land Trust Seacrest Blvd. 137 NE MLK Blvd. CRA Pumhase CRA Pumhase 119 117 NE 9th Avenue CRA Pumhase 120 John Demke 123 NE 9th Avenue CRA Purchase 122 129 NE 9th Avenue CRA Purchase 123 NE 9th Avenue 905 N Seacrest Blvd. Juanita Kelley Juanita Kelley 'Denise Scott 129 CRA Purchase CRA Purchase 101 103 Eminate Domain Properties Keith Kern, Esq. TR Tdumph the Church of Kingdom of God Marwan Ghali NE 11th Avenue 115 NW 10th Avenue Eminent Domain Eminent Domain 104 MLK Blvd. Eminent Domain 105 Blanche Girtman MLK Blvd. Eminent Domain 106 Marwan Ghali 111 MLK Blvd. Eminent Domain 107 117 NE 10th Avenue Eminent Domain 107-A 119 MLK Blvd. 1002 NE 10th Avenue Keith Kern, Esq. TR Keith Kem, Esq. TR John & Betty Roberts Albert & Octavia Bell 110 Wayde & James Kind Eminent Domain Eminent Domain 114 126 MLK Blvd Eminent Domain 115 Marvan & Suhair Ghali 1005 N Seacrest Blvd Eminent Domain 118 NE 9th Avenue Eminent Domain Victor Scarpulla Doris Jefferson 141 NE 9th Avenue 143 NE 9th Avenue NW 9th Avenue 913 N Seacrest Blvd. Leroy King James Johnson/Sear, rest Farm Dairy Self-Assembly Areas 124 125 126 12T Eminent Domain Eminent Domain Eminent Domain Eminent Domain 111 ISammy Berry Jr. 1121Cedrick Edwards 1131MPLF Investment, Inc 1091William & Carol Young 1171Zamir ~ & Blendi Turku 10 MLK Blvd. 18 NE10th Avenue MLK Blvd. Self Assembl' Self Assert Self Assembl, 111 MPLF Investment, Inc Jesus House of Worshi MLK Blvd. Self Assembl, 11 NE 9th Avenue NE 9th Avenue 1000 N. Seacrest Glaston, Guam & Javaro Sims 130 Effie Adams 909 N Seacrest Blvd. Contract Pending 103 NW 8th Avenue Contract 7815 Z:~MLK Project~l-IOB Phase I property list O~TO RESOLUTION NO. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, DECLARING THE PUBLIC NECESSITY OF ACQUIRING THE PARCELS DESIGNATED AS PARCELS 101, 103, 104, 105, 106, 107, 107A, 110, 114, 115, 118, 124, 125, 126 AND 127 FOR THE PURPOSE OF ACQUIRING FEE SIMPLE, REQUIRED FOR THE ELIIMINATION OF BLIGHT AND SLUM AND FUTURE CONSTRUCTION OF IMPROVEMENTS TO THE HEART OF BOYNTON PROJECT AREA WITHIN THE CITY OF BOYNTON BEACH, FLORIDA; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Boynton Beach Community Redevelopment Agency ("CRA") has formally requested and the City Engineer has recommended that the acquisition of certain real property as a Fee Simple estate is necessary in order to eliminate blight and slum and for the construction of future improvements to the Heart of Boynton project area; and and WHEREAS, the funds are available for the acquisition of these needed parcels; WHEREAS, this Board finds and agrees that the acquisition of the real property described in composite Exhibit A as a Fee Simple estate is for a public purpose, to wit: Fee Simple estate essential for elimination of blight and slum and certain future improvements to the Heart of Boynton project area; and WHEREAS, in order to accomplish the acquisition of the needed property for a Fee Simple estate, it is necessary for the City Engineer and the City Attorney to take legal action and to employ real estate appraisers and other experts deemed necessary. 7817 X ~MLK Pioject',Resolution re eminent domain doc 1 NOW, THEREFORE, BE IT RESOLVED BY CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: SECTION 1. The foregoing "WHEREAS" clauses are hereby ratified and confirmed as being true and correct and are hereby incorporated herein. All exhibits attached hereto are hereby incorporated herein. SECTION 2. It is necessary, serves a municipal and public purpose, and is in the best interest of the City of Boynton Beach to acquire the fee simple estates as set fon. h in the attached Exhibit A, to eliminate blight and slum and for the future improvements to the Heart of Boynton project area. SECTION 3. That the properties described in composite Exhibit A attached hereto as Parcels 101, 103, 104, 105, 106, 107, 107A, 110, 114, 115, 118, 124, 125, 126 and 127 and the same are hereby ratified, confirmed and found to be necessary for acquiring the fee simple estate to eliminate blight and slum and for the future improvements to the Heart of Boynton project area. The City of Boynton Beach shall acquire fee simple title to said parcels by gift, purchase, or eminent domain as described in Chapter 166, Florida Statutes, and Chapters 73 and 74, Florida Statutes. That acquisition of said parcels for this project are necessary and serve a public purpose. SECTION 4. The City Attorney shall first attempt to acquire the property through negotiations at a price agreeable to both the sellers, if found and determined, and the City of Boynton Beach; however, if such negotiations fail within a reasonable time from the enactment of this Resolution, the City Attorney or the City Attorney's designee is authorized and directed to institute a lawsuit in 7818 X ',MLK P~oject'.Resolution le ernmenl dommn doc the name of the City of Boynton Beach, Florida, and in the exercise of Boynton Beach's powers of eminent domain for the purpose of acquiring the parcels described in composite Exhibit A, attached hereto, and is further authorized and directed to do all things necessary to prosecute such lawsuit to final judgment, h~ pursuit of such authorization and in direction, the City Attorney or his assistant or designee, is specifically authorized to sign and file a Declaration of Taking so that the City may avail itself of the provisions of Chapters 73 and 74, Florida Statutes, and the City Attorney or his assistant is further authorized to accomplish the acquisition of said parcels by settlement and compromise in those instances where same can be effected in accordance with the terms, conditions and limitations established from time to time by the Boynton Beach City Commission. SECTION 5. All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. SECTION 6. If any clause, section, other part, or application of this Resolution is held by any court of competent jurisdiction to be unconstitutional or invalid, in part or application, it shall not affect the validity of the remaining portions or applications of this Resolution. SECTION 7. This Resolution becomes effective immediately upon its passage and adoption. 7819 X ',MLK Projecl\Resolution re eminent domain doc 3 PASSED AND ADOPTED BY THE CITY COMMISSION BOYNTON BEACH, FLORIDA, THIS DAY OF OF THE CITY OF .,2005. CITY OF BOYNTON BEACH, FLORIDA ATTEST: CITY CLERK By: MAYOR APPROVED AS TO FORM CITY ATTORNEY 782O X\MLK Project Resolution re eminent domain doc 4 BOYNTON BEACH CRA AGENDA ITEM REQUEST FORM Requested CRA Date Final Materials Must be Requested CRA Meeting Dates Turned Meeting Dates into CIL4, Office [] January l 1, 2005 December 28, 2004 (Noon.) [] .July 12, 2005 [] February 8, 2005 January 25, 2005 (Noon) [] August 9, 2005 March 8, 2005 February. 22, 2005 (Noon) [] September 13, 2005 [] April 12, 2005 March 29, 2005 (Noon) [] October 1 I, 2005 [] May 10, 2005 April 26, 2005 (Noon) [] November 8, 2005 [] June 14, 2005 May 31,2005 (Noon) [] December 13, 2005 Date Final Materials Must be Turned int___~o CRA Office June 28, 2005 (Noon) July 26, 2005 (Noon) August 30, 2005 (Noon) September 27, 2005(Noon) October 25, 2005 (Noon) November 29, 2005 (Noon) NATURE OF · Consent Agenda [] Old Business [] Legal AGENDA ITEM [] Director's Report [] New Business [] Future Agenda Items [] Other Item DATE: February 24, 2005 SUBJECT SUMMARY PARAGRAPH: Attached is Work Authorization #9 is for the 30 % Drawings for the Streetscapes for Boynton Beach Boulevard, Seacrest Boulevard and Martin Luther King Boulevard. Further Staff asks that design/construction work on the "Riverwalk" element of the Boynton Beach BIvd Extension, Promenade and Riverwalk project be delayed until future direction by the Board. However permitting for the Riverwalk would move forward. RECOMMENDATION: Staff is recommending the approval of Burkhart Construction Work Order #9 for the 30 % Drawings for the Streetscapes for Boynton Beach Boulevard, Seacrest Boulevard and Martin Luther King Boulevard. EXPLANATION: (Background of the issue: Who, What, Where, When, How, Etc.) Staff presented the proposed project of Streetscapes for Boynton Beach Boulevard, Seacrest Boulevard and Martin Luther King Boulevard to the CRA Board at the workshop. The CRA Board requested the staff bring forth a work order and cost. FISCAL IMPACT: The CRA Board has approved the Boynton Beach Extension, Riverwalk, and Promenade Budget Line item, which includes drawings, permits and construction of the project. Staff will reassign the funds allocated for the Riverwalk to this projects and revise the timeline for the Riverwalk. ALTERNATIVES: Not to complete the project. CRA Staff Jonathan Ricke~s Jonathan Ricketts 7821 C:\Susan_shared filesYnemos\,CRA Agenda Item Request form - Burkhardt construction #9.doc EXHIBIT F WORK AUTHORIZATION WORK AUTHORIZATION NO. 9 TO: BURKHARDT CONSTRUCTION, INC. 1400 ALABAMA AVE., SUITE #20 WEST PALM BEACH, FL 33401 CONTRACT NO. BBB 2003-1 DATE: 3/1/2005 BOYNTON BEACH BLVD. EXTENSION, PROJECT NAME: PROMENADE AND RIVERWALK PROJECT PROJECT NO. BBB 2003-1 Under our AGREEMENT dated June 26, 2003. You hereby are authorized and directed to make the following change(s) in accordance with terms and conditions of the AGREEMENT: For the Additive Sum of: six HUNDRED, NINETY-NINE THOUSAND, FIVE HUNDRED AND NO/100 DOLLARS $699,500.00 Original Agreement Amount Sum of Previous Work Authorizations This Work Authorization (Add) Present Agreement Amount $115,800 $8,934,034.07 $699,500.00 $9,749,334.07 The time for completion shall be (increased) by 150 calendar days due to this Work Authorization. Accordingly, the Owner shall issue a Notice To Proceed after the Contractor has secured all of the permits required for this work. Your acceptance of this Work Authorization shall constitute a modification to our Agreement and will be performed subject to all the same terms and conditions in our Agreement indicated above, as fully as 7822 if the same were repeated in this acceptance. The adjustment, if any, to this Agreement shall constitute a full and final settlement of any and all claims arising out of or related to the change set forth herein, including claims for impact and delay costs. The Contract Administrator has directed the Contractor to increase the :)enal sum of the existing Performance and Payment Bonds or to obtain additional bonds on the basis of a $25,000.00 or greater value Work Authorization. Provide written confirmation from the bonding company/agent (attorney-in-fact) that the amount of the Performance and Payment bonds have been adjusted to 100% of the new contract amount. Accepted: By: Owner 7823 February 28, 2005 Mr. Douglas Hutchinson Director Boynton Beach Community Redevelopment Agency 639 East Ocean Avenue, Suite #103 Boynton Beach, Florida 33435 ie~ Seacrest Boulevard (front S l~' 2"a A ye to ~V 10~n A ye) MLK Blvd(NW lOth Ave) (from Seacrest Blvd. to US-I) Boynton Beach Bird (from 1-95 to US-I) Proposal for Professional Consulting Services Schematic Design and 30%0 Design Dear Doug: After our successful selection to provide Design/Build services for the Boynton Beach CRA, Bur 'khardt Construction, Inc./Kimley-Horn and Associates, Inc. (The Design-Build Team) is pleased to submit this proposal. Our services will be to provide professional engineering and landscape architectural services to prepare schematic design (15% package) and up to 30% construction documents for the streetscape of Seacrest Boulevard, Boynton Beach Boulevard, and MLK Boulevard CNW l0th Avenue) within the limits referenced above. The schematic drawings (15% package) will be presented to the CRA during a workshop and upon approval we will proceed with the 30% construction documents. The culmination of the design development drawings (30% package) shall be presentation of the 30% plans for Board approval and the initial opinion of probable cost estimate. A separate proposal will be submitted to complete the design (100% construction documents), permitting, and construction phase services associated with this project should the Board so request upon completion and Board approval of the 30% design development scope and fee covered herein. This proposal will also include the preliminary permitting meetings that will determine the scope of permitting requirements for the project. Additionally, we will be conducting meetings with the local utility providers and determining if there are any proposed upgrades to the existing system that will require implementation as part of this project. 7824 Bovnton Beach CR~A l-ebruar5 28, 20(!5, Page 2 PROJECT UNDERSTANDING The Boynton Beach CRA desires to implement both functional and aesthetic improx'ements to the above referenced facilities. The project limits extend along Seacrest Boulevard from SW 2nd Avenue to MLK Boulevard (NW 10'* Avenue), along Bovnton Beach Boulevard from the eastern right-of-way line of 1-95 to US-I, and along MLK Boulevard (NW l0th Avenue) from Seacrest Boulevard to US-I. The three corridors total lengths add up to approximately 2 miles. The intent of the CRA is to create an enhanced image of the community and to encourage private development along the corridor by implementing a streetscape project. Generally, the project may include the follow'ing items: 2. 3. 4. 5. 6. 7. Upgrades to the existing underground utilities. Upgrading of the traffic signals. Improvements to the railroad crossing. Upgrade sidewalks and Hardscape items. Installation of landscaping and irrigation. Installation of pedestrian lighting. Development and construction of neighborhood entr~' features. SCOPE OF SERVICES Task 1 -Survey Coordination/Data Collection The Design Consultant will provide a sun.'ev for the engineering design. This will include the location of surface features, inverts and locations of storm/sanitaO' structures, cross-sections at 50-foot intervals, and providing a baseline of survey. Additionally, NGVD 1929 Benchmarks on-site will be provided along these roadways and they will be tied into the Count5.' Benchmark Nem'ork. Upon completion of the schematic design, additional survey may be required along the adjacent roadways. Task 2 -Concept Development and Schematic Design {15% Package} 2.1 Concept Development and Visioning A visioning meeting will be conducted with the project stakeholders to develop a 'design direction' for the project. Upon completion of the workshop, The Design Consultant will prepare a summao' poster at 24"x36" that represents the thoughts and images captured throughout the workshop. The summary poster will be a color graphic that represents the input gathered from the visioning workshop. ]'his poster will be in color and will include the thoughts and decisions that are made during the visioning session. The poster will be mounted on foam board and will be presented to the CRA for reference during the remainder of the project as a reminder of the initial vision for the project. The summa0, poster will serve as the foundation for the schematic design. 7825 Bo3. nton Beach CRA. FebruaU, 28, 2005, Page 3 2.2 Schematic Design Layout A base map of the existing conditions will be prepared, at a scale of 1" = 40' (11" x 17"), utilizing the survey information being obtained within Task 1. Within this Iask we will apply the typical cross sections as developed in Task 2.1 to the proposed roadway in plan view. The typical cross sections will be conceptual in nature and intended to provide guidance in moving to the next level of design. The components of the streetscape will be shown to demonstrate the character of the streetscape and will include: 2.2.1 2.2.2 2.2.3 2.2.4 Layout of travel lanes and curbing options Layout, pattern concepts and hardscape material recommendations Preliminary' recommendations of planting material Layout and selection of pedestrian lighting system After the base mapping is prepared, a field walk will be conducted to veri~' existing conditions with the CRA director or his designee. Design considerations listed above will be addressed and reviewed to reaffirm CRA consensus prior to the final preparation of the schematic design workbook (15% schematic package). Three (3) meetings are anticipated during this task to coordinate efforts associated with the schematic design submittal. The schematic design workbook (15% schematic package) will be the deliverable for this task. The workbook will be an 11" x 17" document that will include the following: g. h. i. j. Cover Page Copy of Survey Visioning Summary Poster Layout of Travel Lanes Hardscape Recommendations Planting Recommendations Lighting Recommendations Typical Cross Sections Illustrative Sketch of the three roadxvays Opinion of Probable Construction Cost Ten copies of the approved workbook (15% schematic package) will be provided to the CRA. Additionally, one original (unbound) cop3, of the workbook will be provided to the CRA for duplication as well as a .pdffile of the workbook. 7826 Bo.,,nton Beach CRA, Februar5 28, 2(;05, Page 4 2.3 Meetings The Design Consultant shall at-tend five (5) coordination meetings to discuss other factors that may determine how the schematic design is developed. In addition to the coordination meetings, a project kick-off meeting Kill be held to coordinate the elements of the project and outline the project schedule and obtain copies of materials that the CRA currently has that will be needed by the Design Consultant for this assignment. After coordination with the CRA and before the completion of the schematic design, the Design Consultant will attend a project walk-thru with the contractor and the CRA representatives to review the implementation of the project. ]'his meeting is intended to obtain consensus of the submittal as it relates to connectiviD, with the surrounding areas prior to completion of the workbook. Task 3 - Public Meetings and Presentations Our proposal includes attendance at one Public meeting (CRA Board Meeting) in addition to the meetings that are described within the above tasks. The Design Consultant shall prepare graphics for and present the plans to the CRA Board at the completion of the schematic design documents. The intent of this meeting is to review the proposed improvements as well as discuss the project cost and schedule. Upon approval from the CRA Board, we will present the 15% schematic design plans to the Florida Department of Transportation (FDOT), Palm Beach Counb' Engineering, and CiD' of Boynton Beach Engineering. The intent of these meetings is to initiate dialogue between these agencies that will ultimately be required to permit these projects regarding the proposed geometric revisions to the corridor. We will obtain comments from these agencies as it relates to the schematic design plans. An5.' substantial requests to modifs' the schematic design will be coordinated with the CRA Director. Task 4 - Infrastructure Upgrades The Design Consultant will attend meetings with the Cit>."s Engineering~rUtilits.' department and Palm Beach County's Engineering/Utility depamnent to coordinate the need to upgrade the existing utility infrastructure. Items that will be addressed will include overhead electric, telecommunications, water distribution, wastewater collection, and stormwater upgrades. Existing atlas information that is available will be collected and utilized as part of this task. Planned upgrades to the existing Facilities will also be requested. This information will be included in the schematic design workbook ( 15% package). 7827 Bo>nton Beach CRA, February 28, 2005, Page 5 Task 5 - Opinion of Probable Construction Cost After the Design Consultant has prepared the initial schematic design, coordinated with the above noted agencies, and upon authorization from the CRA Director, The Design-Build Team will provide a budgetary opinion of probable construction cost. The intent of this opinion of probable construction cost is to allow the CRA to begin to plan for funding of the ultimate construction of the project and to identify large item costs for elements of the project. Task 6 - Design Development Documents 6.1 30% Construction Documents We will develop a 30% plan set based upon the approved plans developed during the schematic design (15% package) process. This 30% plan set will show the geometric layout over top of the survey. The basis for the design of the construction document set will be the approved Schematic Design developed in Task 2, City of Boynton Beach Design Standards, and FDOT's design standards as found in The Roadway and Traffic Design Standards dated 1994.~ Ten (10) copies of the 30% plans will be submitted to the CRA for distribution to the appropriate departments for their review. After sufficient review time, a meeting will be scheduled with CRA staff to review the 30% plan set. The purpose of the meeting will be to revie,a the 30% plan set comments, discuss revisions and design decisions, solicit additional comments from CRA staff concluding the meeting with an approved Plan. Two copies of the approved 30% plan set will be fom'arded to each utility company known to operate in the vicinity of the project. Each utility company will be requested to return one set of redlined plans identif3'ing the horizontal and vertical location of their facilities to the engineer. The engineer will log in each set of plans when returned by the utility companies. This information will be added to the plans. We will attend up to two meetings ~,ith CRA staffand the utility companies to review the project and potential impacts to the utilit?, owners. In general, the set of 30% plans may contain the following information: Cover Sheet A cover sheet utilizing the standard Boynton Beach CRA cover sheet. Tspical Roadway Sections Typical sections will be prepared, detailing the proposed work for mainline and cross street construction. It is anticipated that three typical sections will be required, one tS.,pical describing construction on Seacrest Boulevard, one for Boynton Beach Blvd, and one for N.W. I 0~h Avenue. The Design Consultant will retain a geotechnical-engineering firm. The geotechnical sub-consultant will obtain exiting soil percolation rates, pavement cores; evaluate the existing pavement and 7828 Bosnton Bcach CRA, [rbrua~ 28, 2005, Page sub-grade conditions; and prepare a report summarizing their findings as well as providing a pavement design recommendation. Horizontal and Geometric Roadwm' hn]provernents Horizontal alignments and geometric improvements will be detailed on the survey plan sheets. General Notes General notes defining the basis of design and construction requirements will be provided. Existing Utilities UtiliW information, as obtained during survey data collection and the information provided by the respective utility, owners will be added to the plans. Drainage Improvements 1. We will attend up to five (5) coordination meetings with various team members and the CRA during the course of the design and permitting process. The meetings will consist ora project kick- off meeting, a meeting to review the conceptual stormwater design, a meeting to review the stormwater permit package prior to submittal to the South Florida Water Management District (SF~kSMD), a meeting with the CRA to review the Final Design Package, and one discretionary meeting to be conducted. 2. A hydraulic analysis will be conducted on the project area. During the analysis, the volume of stonmvater runoffwill be calculated from the design storm, the capacity of the existing stormwater collection system will be evaluated, and the water quality requirements from the initial runoff of stormwater will be calculated. Follox~ing the calculation of excess stormwater volume and water qualiW assessment, an analysis of water · qualib' improvements tec}miques will be conducted to establish a combination of methods to provide water quality treatment goals. Various methods including on-site disposal, oil-water separators, sedimentation sumps, discharge methods will be evaluated to provide water qualib.' treatment goals within the project area. Methods previously developed for the City and SFWMD will be used to meet the water quality requirements. 3. Following the hydraulic analyses, the Design Consultant will prepare a conceptual design for improvements to the stormwater collection and disposal systems within the project area. The conceptual design will include locations and capacities of catch basins and localized disposal systems (e.g., French drains and drainage wells), and a listing of details to include into drainage features· I. andscape, Hardscape and [rrigation Improvements Landscape and hardscape layouts will be provided as outlined within the approved Schematic Design (15% package) submittal. The mainline layout of the irrigation system for the project will be included in the next phase of the project. 7829 Bo:, nton Beach CRA, Februa.D, 28, 2005, Page Pedestrian Lighting Improvements Schematic pedestrian lighting layouts will be provided based on a recommended foot candle illumination level developed by the CRA and the Design Consultant team. Intersection Improvements There are three large intersections and several smaller intersections that will be improved as part of this project. The more significant intersections are at the intersection of Seacrest Bird and Boynton Beach Boulevard, Seacrest Blvd. and NW l0th Ave, and NW 10th Ave and US- 1. The geometry, of these intersections will be evaluated and recommendations for enhancements to the geometry as well as aesthetic improvements will be developed. Additionally, initial signal modifications/additions will be reviewed as part of this task for the three intersections. The smaller intersections will be coordinated to be consistent with the overall theme of the streetscape project. 30% Plan set summary of estimated sheets: Cover Sheet Typical Sections Centerline Control Sheet Plan and Profile Sheets (Roadway) Signing and Pavement Marking Plans Landscape Horizontal Control Plans Typical Sections and Area Enlargements Hard/Sofiscape Details 1 3 12 2O 10 20 10 10 Total Number of Sheets 86 The Design Consultant will provide 10 copies of the 30% construction document plan set to the CRA for distribution to the appropriate departments for their review. After sufficient review time, a meeting will be scheduled with CRA to review the 30% design plans. Task 7 - Initial Permit Coordination and Data Collection It is anticipated that numerous permits will be required for the improvements associated with this project from regulator5,' agencies. Additionally, there will be significant coordination and data collection efforts to obtain the existing information for the site. Such data collection will include utility' locations and as-built information. Listed below are the agencies that we may be coordinating, obtaining existing data, and conducting pre-application meetings. with in relationship to the proposed improvements: South Florida l~'ater Management District (SF~JSPlD) Florida Department of Environmental Protection (FDEP) Florida Department of D'ansportation (FDOT) 7830 Boynton Beach CRA, Februao 28, 2005, Page 8 Palm Beach Count)' Traffic Engineering Palm Beach Cou~Tt), Utilities Florida Power and Light (FPL) Southern Bell Gas Company Cable Company Boynton Beach Engineering Boynton Beach CRg The Design Consultant will prepare a Technical Memorandum that smnmarizes the findings and discussions with the regulatoU, agencies. The memorandum will also include the Design Consultant's recommendations and a strategy for proceeding for the Client's consideration. ADDITIONAL SERVICES Upon your authorization, we will provide any additional sen'ices that may be required beyond those described in Iask 1 through 7. These services may include but are not limited to such items as the following: Design Development Services Construction Documents · Permitting · Bidding Services · Construction Phased Assistance · Preparation of additional Plans, Specifications, and Contract Documents for the improvements. · Preparation of permit applications. · Preparation of right of way acquisition sketches or descriptions. · Significant redesigns of the drainage system to meet additional SFWMD requirements caused by changing agency criteria after our initial design is reviewed with each appropriate agency and similar factors outside the Design Consultant's control. · Making traffic counts or undertaking other traffic related analysis. · Traffic signal plans. · Mitigation Plans. 7831 Boynton Beach CRA, Februar) 28, 2005, Page 9 COMPENSATION We will provide the sen'ices described in Tasks 1-7 for a lump sum amount outlined below. Fees are payable monthly based upon the percent complete of the lump sum amount completed at invoice date. Billing will be due and payable within twen~'-five (25) days. Basic Sera, ices Lump Sum Amount Task 1 - Survey Update/Coordination .......................................... $11,000.00 Task 2 - Concept Development/Schematic Design ..................... $125,000.00 Task 3- Public Meetings and Presentation .................................. $21,000.00 Task 4 - Infrastructure Upgrades .................................................. $25,000.00 Task 5- Opinion of Probable Construction Cost ......................... $22,500.00 Task 6 - 30% Plans .................................................. $315,000.00 Task 7 - Initial Permit Coordination ............................................ $65,000.00 Labor Subtotal Survey Sub Consultant Geotechnical Sub Consultant Expenses $584,500.00 S55,000.00 $30,000.00 $30,000.00 Total S699,500.00 SCHEDULE We will provide the services outlined in Tasks 1 through 7 in approximately 5 months. 7832 From: Jonathan Ricketts To: Susan Vielhauer Date: 212812005 Time: 11:53:36 AM Page 2 of 2 Work Authorization No. FOR JONATHAN T. RICKETTS, INC. 5?08 WHIRl_AWAY RD. PBG. FL 33418 2 Effective Date: March 1. 2005 jOwner's Cor. tact No.: N/A Date of tssuance: February 28, 2005 Project: Promenade and Riverwalk Project IOn, ne.: Boynton Beach CRA co,~tract-Owner's Representative Data or Cor~r~-~ October 30, 2003 Co~,-acto~ Burkhardt Construction, Inc. IEngineer's Project NO. 0307 The Contract Documents are mocllfled as follows upon execution of this Work Authorization: Description: Proposed streetscape improvements on Seacrest Blvd. from ,SW 2~" Ave to Martin Luther King Jr. And Martin Luther King Jr. Blvd. from Seacrest to US Highway 1 and Boynton Beach Blvd from 1-95 to US Highway 1. Attachments: (List documents supporting change): Work Authorization No.: 9 from Burkherdt Construction. CHANGE IN CONTRACT PRICE: CHANGE IN CONTRACT TIMES: Original Contract Price: $294,840 [Increase) [Decrease] from prevlousry approved Work Authorization No. 0 to No. 1 $0.0 Conlract Price prior to this Change Order: $294.840 [lncreasej [Decrease] of this Change Order: $2.3,000 Contract Price incorporating this Change Order: $,317,840 Original Contract Times: [] Working days X Calendar days Substantial completion (days or date); 714 Days per Ready for final payment (days or date); 7'14 Days per BCI [Increase] [Decr~,~,c~~-] from previously approved Change Orders No. 0 _ to No... 1 : Substantial completion (days): 0 Ready for final payment (days): 0 Contract Times prior to this Change Order: Substantial completion (days or date): 714 Days Ready for final payment (days or date): 714 Days [Increase] {Decrease] of this Change Order: Substantial completion (days or date): 1 Iii) Days Ready for final payment (days or date): '150 Days Contract Times with ail approved Change Orders: Substantial completion (days or date): 864 DCys Ready for final payment (days or dale): 8~ Days ~-~----'/ Owner's Represe%t'~at~ve/Aul~dz~ S~gnature) ACCEPTED: By Date: 7833 Owr'.~r (Authorized Signat~Jre) EJCDC No. C-941 (2002 Edition) Prtpnred by the Engineers' Joint Contract Documents Committee and endorsed by the A.,~a~cinte~l General Contractors of Amerlea and the Construction Specifications In.Irate. Page 0 ot 2 BOYNTON BEACH CRA AGENDA ITEM REQUEST FORM Requested CRA Date Final Materials Must be Requested CRA Meeting Dates Turned Meeting Dates into CRA Office [] January 11,2005 December 28, 2004 (Noon.) [] July 12, 2005 [] February 8, 2005 January 25, 2005 (Noon) [] August 9, 2005 March 8, 2005 February 22, 2005 (Noon) [] September 13, 2005 [] April 12, 2005 March 29, 2005 (Noon) [] October 11,2005 [] May 10, 2005 April 26, 2005 (Noon) [] November 8, 2005 [] June 14, 2005 May 31,2005 (Noon) [] December 13, 2005 Date Final Materials Must be Turned into CRA Office June 28, 2005 (Noon) July 26, 2005 (Noon) August 30, 2005 (Noon) September 27, 2005(Noon) October 25, 2005 (Noon) November 29, 2005 (Noon) NATURE OF AGENDA ITEM · Consent Agenda [] Old Business [] Legal [] Director's Report [] New Business [] Future Agenda Items [] Other Item DATE: February 24, 2005 SUBJECT SUMMARY PARAGRAPH: Staff has attached the revised purchasing policy pages, which were presented at the CRA Workshop. Staff added comment from the CRA Board adding "up to $10,000" on the exempt purchases description. RECOMMENDATION: Staff is recommending the approval of the modification to the CRA purchasing policy. (note that only changed pages are attached) EXPLANATION: (Background of the issue: Who, What, Where, When, How, Etc.) The purchasing policy manual was created for the CRA two (2) years ago when the CRA was in its infancy. Today there are several areas within the current purchasing policy which are obsolete. It has become time consuming, if not totally impossible to bid out entertainment, speakers and marketing on events. Additionally, to purchase a simple printer can take as much as three hours of searching for the three verbal requirements in our current purchasing policy. FISCAL IMPACT: The is no fiscal impact, items that are purchased must be within the budget range of the CRA Director or approved by the CRA Board prior to purchase. ALTERNATIVES: The alternative is to leave the purchasing policy as is 7835 Cg. Susan_shared files\memos\CRA Agenda Item Request for purchasing policy revisions.doc COMMUNITY REDEVELOPMENT AGENCY PURCHASING MANUAL Revised 02/08/2005 7836 TABLE OF CONTENTS TERMS AND DEFINITIONS ...................................................................2 BIDDING & REQUISITIONS ................................................................... 8 BIDS & PROPOSALS ......................................................................... 10 CHANGE ORDERS ............................................................................. 17 REQUEST FOR PROPOSALS ............................................................... 19 PROFESSIONAL SERVICES ................................................................ 21 CONSTRUCTION CONTRACTS ............................................................. 24 PURCHASING / PETTY CASH ............................................................... 26 PURCHASING CREDIT CARD ............................................................... 27 ASSIGNMENT/CONTROL OF PURCHASING CREDIT CARD .................... 28 7837 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. Competitive Bids or Competitive Offers means the receipt of bids or offers submitted by responsive qualified bidders or offerors. Competitive Selection and Negotiation is a method of purchasing whereby qualified professional firms are invited to submit "Letters of Interest", proposals or qualifications and are short listed by an appropriately appointed evaluation committee. Construction means the process of building, altering, repairing, improving or demolishing any structures, buildings or improvements to real property. It does not include the routine operation, repair or maintenance on existing structures, buildings or real property. Construction Change Order is a written order directing the contractor to make changes which the change clause of the construction contract authorizes. Construction Change Orders will require CRA Director approval. Consultant's Competitive Negotiations Act (CCNA) is the common name for Section 287.055 of the Florida Statutes concerning the procurement of Architectural, Engineering (including testing), Landscape Architecture and Registered Land Surveying Services. Contract means all types of binding agreements including purchase orders for the procurement of supplies and contractual services. Contractor means any person or business having a contract with the CRA to perform a service or sell a product. Contractual Services means the rendering of a contractor of their time and effort rather than the furnishing of specific commodities, materials, goods, equipment and other personal property. The term applies only to those services rendered by individuals and / or firms who are independent contractors. Debarment or Suspension means a disqualification of a business or person from receiving invitations for bids, requests for proposals or the award of contracts by the CRA because of previous illegal or irresponsible action or the failure or the inadequacy of performance for a specific period of time commensurate with the gravity of the offense. Designee means a duly authorized representative of a person holding a superior position. Exempt Purchases - Certain purchases up to $10,000 are exempt from the formal purchasing procedures because of the kind of expense. These 7838 19. 20. 21. 22. 23. 24. 25. include but are not limited to expenses, which are currently under contract or are contractual in nature (such as consultants, appraisers, and professional fees, rental expense, unique purchases and services as it relates to events, promotion and marketing, entertainment and/or speaker expense) or ordinary in nature, routine or unavoidable expenditures (such as payroll, utility, insurance). Fixed-Price Contract means a contract whereby the price is fixed for the entire life of the contract or until a set quantity of goods or services is delivered. General Services means support services performed by an independent contractor requiring specialized knowledge, experience or expertise. The service rendered does not consist primarily of acquisition of equipment or materials. Examples of general services are janitorial, pest control services and maintenance of equipment. General Services are not normally procured through Requests for Proposals or Invitations to Bid unless otherwise provided for herein. Procurement of general services may include subjective evaluation factors on the part of the CRA of the submitting firms. Governmental Agency means any agency of the Federal, State, or any local government or local governmental entity. Invitation to Bid means a written solicitation for competitive sealed bids with the title, date, and hour of the public bid opening designated and specifically defining the commodities or contractual services for which bids are sought. The invitation for bid will be used when the CRA is capable of specifically defining the scope of work for which a contractual service is required or when the CRA is capable of establishing precise specifications defining the actual commodities required. The invitation to bid will include instructions to bidders, plans, drawings and specifications, if any, a bid form and other required forms and documents to be submitted with the bid. Request for Letters of Interest is a method of selecting a vendor whereby all vendors are invited .to submit a summary of their qualifications and state their interest in performing a specific job or service. Mandatory Bid Amount means the dollar threshold at which the formal bid process is required. The Mandatory Bid Amount is currently $10,000. The current known requirement of any commodity or service will not be divided to circumvent the requirement of the Mandatory Bid Amount. Minority Business Enterprises (MBE)is a business in which a recognized minority group owns more than 50% of the stock or a business owned by 7839 CRA PURCHASING POLICY MANUAL BIDDING AND REQUISITIONS PURPOSE: This policy is to establish unified purchasing procedures in determining the requirements for requisitions which will be processed into purchase orders and direct payment requisitions. POLICY: The purchase of all budgeted goods and services except Exempt Purchases up to $10,000 as defined in Section 1 of the Terms and Definitions below the mandatory bid amount of ten thousand dollars ($10,000), must follow the quotation and approval guidelines stated below. Purchases shall not be artificially divided to circumvent the approval process. Purchase Amount Quotation Process Approval Level- Purchase Total Purchase Each Item Total Purchase Order Type $1 to $1,999 No Quotation CRA Director* Direct Payment Requisition/P. O. $2,000 to $4,999 Three Verbal Quotes CRA Director* Direct Payment Requisition/P. O. $5,000 to $9,999 Three Written Quotes CRA Director* Direct Payment Requisition/P. O. $10,000 or more Formal Bid Process CRA Board Formal Bid * or assigned Designee. 1. Direct Payment Requisition. All requisition forms must be submitted to CRA Director or designee providing the amount to be paid, the vendor name and vendor address. The supporting invoice must be attached to the requisition. Purchase Requisition $1 to $1,999. 7840 All Purchase Requisitions totaling less than $2,000 per purchase may be processed with a Form 121 and the invoice attached to the Form 121. All Form 121's are forwarded directly to the CRA Director for approval and returned to the Controller. Price quotes are not required for purchases under this amount. 3. Purchase Requisition totalinq between $2,000 to $4,999. All Purchase Requisitions totaling between $2,000 and $4,999 will require three verbal quotes. The verbal quotes will be attached to a Form 121. Form 121's shall be forwarded directly to the CRA Director for approval and returned to the Controller for payment or issuance of purchase order. 5. Purchase Requisition totalinq between $5,000 to $9,999. All Purchase Requisitions totaling between $5,000 and $9,999 will require three written quotes. The written quotes will be attached to a Form 121 and forwarded directly to the CRA Director. The CRA Director will review the quotes, approve one and return to the Controller for payment or issuance of a purchase order 6. Purchase Requisition over $10,000. All Purchase Requisitions over $10,000 will require a formal bid process and the approval of the bid by the CRA Board prior to the issuance of a purchase order. After all procedures have been met the ultimate responsibility for informing the Controller to issue a purchase order or check rests with the CRA Director. 7841 B. Multi-Step Competitive Sealed Bid is generally a two step process in which the award is based on price, but available specifications are inadequate or too general to permit full and free competition without technical evaluation and discussion: First Phase: Issue request for information or proposal to which interested, potential suppliers respond with either necessary information or unpriced technical offers. Second Phase: Potential suppliers who submitted technically acceptable offers are invited to submit competitive sealed prices based on their technical offers. Award is to the lowest responsive/responsible bidder. Co Designated Professional Services are services where the CRA is obtaining advice, instruction, or specialized work from an individual specifically qualified in a particular area. The procurement of professional services does not lend itself to normal competitive bidding and price competition alone. D. Certain purchases are exempt from the formal purchasing procedures. These include expenses, which are currently under contract or are contractual in nature (such as consultants, appraisers and professional fees, rental expense, unique purchases and services as it relates to events, promotion and marketing entertainment and/or speaker expense) or ordinary in nature, routine or unavoidable expenditures (such as payroll, utility, insurance). Emergency Procurement allows the CRA Director to make procurement of commodities or contractual services where the cost does not exceed ten thousand ($10,000) when there exists a clear and present threat to public health, property, welfare, safety or other substantial loss to the CRA, provided however, that such emergency procurement shall be made with such competition as is practical under the circumstances. Sole Source Procurement may be awarded for a supply, service or construction item without competition when it is determined that there is only one source available such as repairs or additions from the original equipment manufacturer, only supplier in the area, franchised or licensed distributor or service, patented or proprietary item, or by. negotiation where the procurement by competitive procedures is not feasible nor practical. Any vendor identified by staff as a sole source vendor must be supported in writing. 7842 11 CRA PURCHASING POLICY MANUAL CHANGE ORDERS PURPOSE: A change order is a written order amending a purchase order. Purchase orders may be amended to correct errors, omissions, discrepancies, acceptable overruns, freight costs or amendments to contracts that entail additional cost. Some project costs cannot be identified until the initial work has been completed. POLICY: A change order will be issued prior to invoice payment for the following purposes: Change orders for all construction and non-construction purchases, which were initially awarded by the CRA Board, will be approved as follows: (Based on cumulative change orders) Less than $24,999 requires CRA Director approval; $25,000 or more requires CRA Board approval. Change orders will only be presented to CRA Board for approval when Cumulative Chanqe Orders for the awarded item have reached $25,000 or more. When presented to the CRA Board all cumulative changes that make up the cumulative change order amount of $25,000 or more will be presented as part of the approval. If after CRA Board approval additional change orders are required, the same process will be used for the next cumulative change orders. An original of the change order shall be remitted to the CRA Director attached to a purchase requisition requesting the change order. The CRA Director will make the necessary change(s) to the purchase order and return it to the Controller for the CRA records. Normal purchase orders over $500 will have a tolerance of 10 percent of the purchase order amount up to $50. The invoices for these purchase orders can be processed without preparing a change order. Invoices, which exceed the tolerance limit, will require the CRA Director to review and approve the discrepancy. The change order request shall justify the cause for variance. Professional Services Contracts are negotiated contracts entered into prior to services being rendered and, as such, change orders will require approval of the CRA Board. 7843 17 CRA PURCHASING POLICY MANUAL PURCHASING CREDIT CARD PURPOSE: The CRA Purchasing Credit Card Program is designed to improve efficiency in processing Iow dollar value purchases from any vendor that accepts the Visa / MasterCard or American Express credit card. This program will allow the cardholder to purchase approved commodities, services, and business luncheons, business meetings and business entertainment activities directly from our vendors. Each purchasing credit card is issued to a named individual and the CRA's name is clearly shown on the card as welll The tax exempt number will be given to each card holder. The CRA Director will monitor the performance of the program. The purpose of these policies and procedures is to accomplish the following: To provide an efficient method of purchasing and paying for goods and services as well as use for CRA business luncheons, business meetings, and business entertainment not exceeding $2,000 single purchase per month (total invoice). Specifically exempt from Procurement Manual policies and the $2,000 purchase limit would be hotel reservations, registrations, training, seminars, career development and transportation expenses for approved travel. To replace manual hardcopy requisitions and purchase orders for Iow dollar value purchases. To ensure purchasing credit card purchases are in accordance with the CRA's policies and procedures. To ensure that the CRA bears no legal liability from the inappropriate use of the purchasing credit cards. 5. To provide for disciplinary action if the purchasing credit cards are misused. The policies and procedures provided herein are minimum standards for use. 7844 27 ASSIGNMENT AND CONTROL OF THE PURCHASING CREDIT CARD CARDHOLDER USE ONLY: The purchasing credit card may be used only by the employee whose name is embossed on the card. The Cardholder is responsible and accountable for all transactions that occur on his/her card. CRA PURCHASES ONLY: The purchasing credit card is to be used for CRA authorized purchases only. The purchasing credit card cannot be used for any personal use and any such use will require immediate reimbursement and will result in disciplinary action that may include dismissal and/or criminal charges. DOLLAR LIMITATIONS: A purchasing credit card will have established limits for each Cardholder, a single purchase limit and a 30-day limit. The maximum limit for a single purchase shall be $2,000 and a total of $5,000 during any 30-day billing cycle. A single purchase may be made of multiple items, but the total invoice cannot exceed $2,000. CHARGES FOR PURCHASES SHALL NOT BE SPLIT TO STAY WITHIN THE SINGLE PURCHASE LIMIT. PURCHASE LIMIT. Exceeding these limits will be considered abuse of the purchasing credit card program and can result in cancellation of card, disciplinary action, or both. PURCHASING CREDIT CARD SECURITY: A. STORAGE OF THE PURCHASING CREDIT CARD: Keep your purchasing credit card in an accessible but secure location. B. ACCOUNT NUMBER: Guard the purchasing credit card account number carefully! Do not post it at your desk or write it in your day planner. C. SHARING OF CREDIT CARD: 7845 28 ATTACHMENT II CRA PURCHASING CARD PROGRAM EMPLOYEE AGREEMENT I, .(name of employee), (employee social security number), hereby request a Purchasing Credit Card ("Card"). As a Cardholder, I agree to comply with the following terms and conditions regarding my use of the Card. I understand that I am being entrusted with a valuable purchasing tool and will be making financial commitments on behalf of the CRA and will strive to obtain the best value for the CRA by using "preferred suppliers". I understand that the CRA is liable to credit card companies for all charges made on the Card. I agree to use this Card for approved purchases only and agree not to charge personal purchases. I understand that the Card may not be utilized for cash advances. I will not permit another individual to utilize the Card issued to me. I understand that the CRA will review the use of this Card and take appropriate action on any discrepancies. I acknowledge that the Card may only be used for purchases that total less than Two Thousand ($2,000) Dollars per transaction. It is my responsibility to ensure that the supplier has the CRA's tax-exempt number. I agree to return the Card immediately upon request or upon termination of employment (including retirement). I understand that the CRA or Purchase Credit Card companies may suspend or cancel the Card at any time for any reason whatsoever and I shall return the Card immediately upon notification or cancellation. I understand, as a Cardholder, it will be my responsibility to assist in the reconciliation of my monthly statement. This includes: providing supporting charge slips/receipts listing the reason for purchase or job it pertains to for all transactions appearing on the statement. I agree with all of the terms and conditions of the Purchasing Manual on the assignment and control of the Purchasing Credit Card. 7846 30 BOYNTON BEACH CRA AGENDA ITEM REQUEST FORM Requested CRA Date Final Materials Must be Requested CRA Meeting Dates Turned Meeting Dates into CRA Office [] January. 11, 2005 December 28, 2004 (Noon.) [] July 12, 2005 [] February 8, 2005 January 25, 2005 (Noon) [] August 9, 2005 March 8, 2005 February 22, 2005 (Noon) [] September 13, 2005 [] April 12, 2005 March 29, 2005 (Noon) [] October I I, 2005 [] May 10, 2005 April 26, 2005 (Noon) [] November 8, 2005 [] June 14, 2005 May 3l, 2005 (Noon) [] December 13, 2005 Date Final Materials Must be Turned int__.~o CRA Office June 28, 2005 (Noon) July 26, 2005 (Noon) August 30, 2005 (Noon) September 27, 2005(Noon) October 25, 2005 (Noon) November 29, 2005 (Noon) NATURE OF AGENDA ITEM ·Consent Agenda [] Old Business [] Legal [] Director's Report [] New Business [] Future Agenda Items [] Other Item DATE: March 1, 2005 SUBJECT SUMMARY PARAGRAPH: The CRA Staff has attached the revised Direct Incentive Grant with the changes which were suggested at the CRA Board Retreat for your review, comments and approval. RECOMMENDATION: CRA Staff is recommending the approval of the revised Direct Incentive Grant program. EXPLANATION: (Background of the issue: Who, What, Where, When, How, Etc.) The new Direct Incentive Grant program point system has been reviewed to allow the CRA Board with a higher number of points to award for superior projects. FISCAL IMPACT: The fiscal impact of the new Direct Incentive Grant will be budgeted into the year in which the project is finished and on the tax roles. This program has no current impact. ALTERNATIVES: The alternative is to not approve the new Direct Incentive Grant program. CRA Staff ]~5~ougfa~ Hutchinson, CRA Director 7847 C:\Susan shared files\memosXMemo CRA Agenda Item Request form - Consideration of revised direct incentive.doc Direct Incentive Program Revised 03/01/2005 7848 Boynton Beach CRA 639 E. Ocean Avenue Suite 103 Boynton Beach, FI 33435 www.boytnonbeachcra.orq INTRODUCTION The Boynton Beach CRA seeks to encourage projects of excellence which define new markets, quality, innovation and character in the CRA area. It is recognized that many times, these benchmark projects require new and untested market assumptions, which have no local comparable measures. This condition often requires market support to make the projects feasible in the early years. Accordingly, this Program is focused on support for qualified, benchmark projects during their initial stages. As defined by the focus of this Program, projects which directly compete with existing projects, or that do not open new markets or that do not set new higher project quality standards in the view of the CRA, may not receive maximum consideration. Further, the dream of home ownership or affordable housing rental is on the brink of becoming an endangered species for many American families. The dream is becoming elusive because many moderate income families cannot qualify for a mortgage or afford the monthly mortgage payments. A rapidly increasing population, flat income growth and growing housing prices are some of the variables that have contributed to this new reality. In response to this emerging plight, many programs have surfaced under many names: Work Force Housing, Affordable Housing, Low Income housing, etc. No matter which title is attached to such programs, the common underlying trend is the attempt to make housing affordable to the moderate-to-median income level population. Boynton Beach and its residents are not shielded from this plight. In light of the recent redevelopment and real estate appreciation that is exceeding 14% annually, the challenge of Affordable Access Space is an immediate reality. A common misconception is that this issue of affordability is only residential and one dimensional. Traditionally, when faced with an aggressive redevelopment plan, cities use Iow income housing as the only measure of the total aid which they provide to the displaced. Little or no thought is given to the local business community. Many times, the local flavor of most cities disappears when the unique local business base is displaced. New space rent rates can cost many times more than pre-redevelopment rates. Survival of a downtown business in a 7849 C~ty of Boynton Beach Community Redevelopment Agency Direct Incentive Program Rewsed 02/28/2005 Page 2 of 23 C '~Susan_$hared files/rev!sad mcentwe program\lncenlive Program Updated clean copy doc redeveloped area is contingent upon gradual increase in overhead, not an immediate and drastic increase in their fixed costs. It is a proven fact that it costs less to keep a quality customer than it costs to secure a new one. The same premise could be applied to the concept of keeping the quality businesses that currently exist in a pre-redevelopment area. While new businesses are attractive, it will take them time to build a customer base and a loyal following. The opposite is true of the existing businesses that already have brand loyalty. An Affordable Access Program that rewards a developer for making available a percentage of the project at below market rate to create an opportunity for a local business with its built-in customer base to remain is a win-win solution. In an effort to provide a more comprehensive community benefit program, the CRA Direct Incentive Program requires that an Affordable Access component be addressed by applicants. Three options are available for Developer participation. This Incentive Program also seeks to better the public elements in private development projects. Therefore, projects are required to have "Public Amenity" elements, as well as Architectural Excellence, Art, Surplus Parking and Community Compatibility. All of these elements will be significant in scoring consideration. These incentives are designed to enhance projects that exceed the standard or minimum compliance issues; therefore, applicants should present projects that truly establish new standards for Boynton Beach. These elements will be considered as part of "Project Quality" scoring. Projects will be scored by Program Criteria, which is defined in the Program Guidelines. The Project's score will determine how much, if any, of the eligible incentive the Project may receive. APPLICATION TO THIS PROGRAM IS NO GUARANTEE OF FUNDING. FUNDING IS AT THE SOLE DISCRETION OF THE CRA BOARD. 785O City of Boynton Beach Community Redevelopment Agency Direct Incentive Program -Revised 02/28/2005 Page 3 of 23 C:\Susan_shared files\revised incenbve program\incentive Program Updated clean copy doc TABLE OF CONTENTS I. PROJECT QUALIFYING GUIDELINES Page 5 II. PROGRAM SCORING ELEMENTS Page 7 III. INCENTIVE PROGRAM APPLICATION Page 9 IV. INCENTIVE PROGRAM APPLICATION PROCESSING Page 12 V. PROGRAM ADMINISTRATION Page 13 VI. MAP AND BOUNDRIES Page 18 VII. AFFORDABLE ACCESS SCORING GRAPH Page 21 VIII. INCOME GUIDELINES Page 22 IX. CONTACT INFORMATION Page 23 7851 City of Boynton Beach Commumly Redevetopment Agency D~reot I¢lcentlve Program Revrsed 02/28/2005 Page 4 of 23 C ~Susan shared files\rewsed incentive program\Incentive Program Updated clean copy doc PROJECT QUALIFYING GUIDELINES · The Project must be in the City of Boynton Beach CRA Area as defined at the time of application. The Applicant must be the majority owner (the owner having the greatest percentage of ownership) or authorized agent of the majority owner in the Project. · All property taxes, fees and city/county liens owed by the Applicant must be paid and current. · The Project is required to be over $1,000,000 in projected new assessed taxable value upon completion. However, projects in the Head of Boynton area (as defined at the time of application) need only exceed a threshold of $250,000 for consideration. For the purpose of application qualifying, the new assessed value projection shall equal the Project's projected appraised value (established by third party appraisal or feasibility study), minus any projected homestead exemptions, times 90%, minus current assessed value of the Project site. · The Project type shall be a preferred use as defined herein to qualify for incentives. Qualification for the Project is based on its consistency with Redevelopment Plans, Design Guidelines and its appropriateness within the overall neighborhood economic context. Consideration will be given to the following uses. 1. Mixed Use Projects, 2. Hotels/Conference Centers, 3. Multi-story professional office-retail buildings (business and financial services), 4. Retail only buildings with a minimum of four tenants, 5. Multi-Family ownership units - (Heart of Boynton area only), 6. Stand alone Live/Work configurations (rental or ownership), (Head of Boynton area only). · The Project's projected total annual economic impact to the City (after completion) as projected, by using RMS Economic Modeling Standards, shall be a minimum of twenty (20) times the corresponding year's incentive, during the incentive period. This impact analysis is waived in the Heart of Boynton area. · The Project shall contain Affordable Access elements sufficient to score a minimum of ten (10) points to qualify for any incentives or comply with participation in the Community 7852 City of Boynton Beach Commundy Redevelopment Agency Direct Incentive Program -Revised 02/28/2005 Page 5 of 23 C:\Susan_shareO files\revised incentive program\Incentive Program Updated clean copy.doc Land Trust (CLT) Program or comply with the City of Boynton Beach Affordable Access Ordinance. · Projects are required to have "Public Amenity" elements scoring a minimum of ten (10) points (required sidewalks, alleys and streets do not qualify). These elements will be considered as part of "Project Quality" scoring. · The duration of the incentive shall be no longer than ten (10) years. · The incentive will generally not exceed 50% of the CRA Tax Increment Financing (TIF) revenue directly generated by the Project during the incentive period. · No incentive (in any one year) shall exceed 75% of the new annual TIF revenue directly generated from the Project for that year. · Projects may be phased; however, each phase must meet program thresholds. · Projects must score at least 80 points on this application to qualify for incentives. 7853 Cdy of Boynton Beach Community Redevelopment Agency Direct Incentive Program Revised 02/28/2005 Page 6 of 23 C \Susan shared flles\rewsed incentive program\fncenl~ve Program Updated clean copy doc PROGRAM SCORING ELEMENTS · Project Location (up to 10 points) - Must be within the CRA area. Projects in the Head of Boynton area receive up to ten (10) points. · Economic Impact- (up to 20 points) 1. The Project's projected total annual economic impact to the City (after completion), as projected by using RMS Economic Modeling Standards, shall be a minimum of twenty (20) times the corresponding year's incentive, during the incentive period. Twenty (20) times impact is required but scores no (0) points. 2. Projected Annual Economic Impact of 21 to 40 times the annual incentive qualifies for up to five (5) points. 3. Projected Annual Economic Impact of 50 times the annual incentive or more qualifies for up to ten (10) points. 4. Economic Impact Studies are waived in the Head of Boynton area and are assigned twenty (20) points. · Affordable Access Incentive- (up to 20 points) Pick one of three Options (I,II or III); 1. Option I-Direct Incentive Affordable Access Element (Mandatory Minimum Score of 10 points for Options I) Scoring (See Scoring Graph) Single Use Type of use Two Uses Type of use Type of use Three Uses Type of use Type of use Type of use Total Score 2. 3. Score Score Score Score Score Score Option II-Affordable Access Ordinance Compliance (TBD) Option III-Community Land Trust Contributions (TBD) 7854 City of Boynton Beach Community Redevelopment Agency Direct Incentive Program Revised 02/28/2005 Page 7 of 23 C:\Susan_shared files\rewsed incen.tive program\Incentive Program Updated clean copy doc Project Quality - (up to 80 points) 1. Point allocation is based on, but not limited to; innovation, quality, and overall contribution to the Community. Projects are required to have public amenity features. Aspects of consideration include: · Architectural Excellence, · Parking Surpluses, · Public Spaces, · Public Amenity Package, · Public Art, · Relocation, Retention, Creation of Local Businesses and Consideration of Local Resident's relocation or inclusion in the project, · Non-Profit Partnerships, · Business Association Creation for internal unity of operations to coordinate with area activates, · Transit Support, · Police Support, · Event Support Programs. 7855 City of Boynton Beach Community Redevelopmenl Agency Direct Incentive Program -Revised 02/28/2005 Page 8 of 23 C \Susan shared files\revised incentive program\Incentive Program Updated clean copy doc INCENTIVE PROGRAM APPLICATION The following information shall be compiled in a loose-leaf binder, tabbed and labeled to correspond with the following section headings. This information package is the Program Application. The Application shall be forwarded to the CRA Office with a formal "Letter of Request" containing a narrative of the Project and summarizing the highlights of each of the following sections. The letter should be signed by the applicant or authorized agent and be accompanied by fifteen (15) sets of the completed Project Application, one (1) unbound master and a digital file on CD. Application Checklist: · Applicant Information 1. Applicant (Majority Owner) Name. 2. Listing of Owners by Ownership Percentage. 3. Applicant Address, Phone Number(s), Fax and Email Address. 4. Contact Person's Name, Title, and Contact Information. 5. Attach a Brief Resume on the Applicant and Principals (Exhibit "A"). · Project Information 1. List of properties and their PCN numbers with the site survey showing each. 2. Current Tax Roll Value(s), Projected Tax Roll Value (supported by Item 6), and Projected Tax Increment (see "Program Administration" for formula). 3. Project Description (One Page Narrative): · Type of Project - (Commercial, Residential, Mixed Use, etc. with Square Footages of Uses), · Project location and site size, · Zoning-(Existing and Requested), · Features - Construction Finishes & Materials, Colors and Public Amenities, etc. 4. The City's Staff Site Plan Approval memo with conditions if approved, as well as floor plans, elevations, landscape, colored renderings, public amenities and special features, etc. (Exhibit "B"). 5.Project Timetable with Projected Dates. 6. Projected Project Value upon Completion (Either A or B is required): A. Feasibility Study Summary - The projected project value may be estimated by a Project Feasibility Study, completed by an experienced third party firm. The Study shall be based on market conditions, comparable projects, 7856 C~ty of Boynton Beach Community Redevelopment Agency Direct incentive Program Revised 02/28/2005 Pa§e 9 of 23 C \Susan_shared files\revised incenlive program\lncer~tive Program Updaled clean copy rtoc financing and all factors affecting the development of a stand-alone project, without the inclusion of incentives. Property value and inflation increases shall be no greater than 3% annually. Supply a copy of the Project Feasibility Study's Summary Conclusions, dated within the last six (6) months prior to the date the application is filed with the CRA office. B. MAI Appraisal Summary - The project's projected value upon completion may be established by a State Certified MAI Appraiser, using standard appraisal methodology. Supply a copy of the Appraisal's Summary Conclusions dated within the last six (6) months prior to the date the Application is filed with the CRA office. Economic Impact Study -The Economic Impact Study must be completed by an experienced third party firm. The analysis shall forecast the CRA and City's economic impacts, specifically including CRA TIF revenue forecasting using RMS Standardized Economic Models. This study requirement is waived for projects in the Heart of Boynton area. Supply a copy of the Study's Summary Conclusion dated within the last six (6) months prior to the date the application is filed with the CRA office. Affordable Access Commitment and Calculation. Define each usage Set Aside Area and define Market Discount Pricing, for Option I, Submit a plan for use of Options II or III with specific details. Public Amenity Features - Highlight the design features, placement, cost, etc. of any elements to be considered for scoring in "Project Quality". Include narratives or documents for FOA associations, operating programs, maintenance, etc. · Architectural Excellence, · Public Spaces, · Parking Surpluses, Screening, Surfaces, · Public Amenity Package, · Public Art, · Relocation, Retentions, Creation of Local Businesses and Consideration of Local Residents, · Non-Profit Partnerships, · Business Association Creation for Internal Unity of Operations to Coordinate with Area Activities, · Transit Support, · Police Support, · Event Support Programs. 7857 City of Boynton Beach Community Redevelopment Agency D, rect Incentive Program Revised 02/28/2005 Page 10 of 23 C \Susan_shared files\revised incenbve program\lncenl~ve ProGram Updaled clean copy doc The request for incentives and application, if approved by the CRA Board, becomes an integral component of the Incentive Agreement, including but not limited to other requested information from the CRA; therefore, great care should be taken to seek the most accurate projections possible for the Project. The approved Incentive Agreement may be assigned with the formal, prior written approval from the CRA Board of Directors. 7858 C~ty of Boyn~on Beach Community Re~everopment Agency Direct Incentive Program Revise0 02/28/2005 Page 11 of 23 C:tSusan_shared files\revised incentive program\Incentive Program Updated clean copy doc INCENTIVE PROGRAM APPLICATION PROCESSING · Project Applications shall be screened and reviewed by staff or a selected review committee for completeness and non-subjective categories scored. · Staff or a selected review committee shall provide pertinent comments on the Project. · The Incentive Application shall, at a minimum, be submitted by the 15th of the month prior to the targeted Board Meeting. However, the review period shall not exceed forty- five (45) days from the date of the submittal of a completed Application. On or before the end of the 45-day period, staff shall either forward the Application, their findings and recommendations to the CRA Board for consideration at the next regularly scheduled meeting, or request in writing that the Applicant provide additional information (A copy of the staff or review committee recommendation will be forwarded to the CRA Board and the City Commission/City Manager). · Upon consideration by the CRA Board, the Board shall take one of the following actions: Approve, Table, Modify or Reject the Application. The Applicant shall be notified in writing as to the Board's decision within five (5) business days. If the Application is denied, the Applicant may resubmit a revised Application for reconsideration. Note that any direct or indirect lobbying of the CRA Board will result in disqualification of the Applicant from the program. 7859 City of Boynton Beach Community Redevelopment Agency D~rect Incentive Program Revised 02/28/2005 Page 12 of 23 C:\Susan_shared filestrevised incentive program\Incentive Program Updated clean copy.doc PROGRAM ADMINISTRATION Upon approval by the CRA Board and completion of required documents and execution thereof, the program will be generally administered as outlined herein. Specific performance requirements and guidelines will be contained in the Final Program Agreement documents. Establishing Projected TIF for Application Submittal: The formula to calculate the projected potential TIF generated by a project shall be as follows: The tax value projected by either a MAI Appraisal or a certified third-party feasibility study (see Application, Item 6), times 90% for adjustment for homestead exemption, tax roll valuation, etc times the current tax for the City of Boynton Beach and Palm Beach County Tax rate as of the date of application. This total is the new projected tax revenue. Subtract the new projected revenue from the tax revenue of the properties in the approved site plan as listed on the official County Tax Appraisers rolls for the year the application is accepted by the CRA. The difference (TIF) is the new tax revenue generated by the project. This amount is multiplied by 95% to generate the actual projected revenues to be received by the CRA. Note that this formula and the TIF numbers are used only for projection in the Direct Incentive Program Application under "Project Information - Item 2" and not exact incentive amounts. Establishing the Actual Project's New TIF Revenue Eligible for Incentive: The Annual TIF Revenue eligible for the Direct Incentive Program shall be established by subtracting the tax revenues received for the project property(s) in the year the application is accepted from the actual new annual revenues received by the CRA in any given incentive year. This new revenue increase (increment) is then multiplied by the Program's Incentive Percentage. The Incentive is calculated each year based on actual tax revenues received. Establishing the Projected Incentive Percentage: Each completed Application will be scored by the CRA Board in a public meeting. Points will be scored by the CRA Board members for the "Project Quality" criteria elements and will be averaged. The averaged element score will be added to the scores for "Project Location" to determine the "Economic Impact" and affordable access total application score. This score will be expressed as a percentage; the "Project Score Percentage". This Project Score Percentage 7860 City of Boynton Beach Community Redevelopment Agency Direct Incentive Program Revised 02/28/2005 Page 13 of 23 C:\Susan_shared files\revised incentive program\Incentive Program Updated clean copy doc is then multiplied by the Incentive Program Percentage of 50%. The Incentive Program establishes 50% as the maximum percentage of direct project TIF Revenues available to the Applicant. This resulting percentage is the Incentive Percentage. For example, a Project Score of 100 points or more equals 100%. The Project's 100% is then multiplied by the Program's maximum Incentive percentage of 50%. The resulting 50% is the Project's Incentive Percentage. Example #2:82 points scored by the Project equals 82% of the 50%, for a 41% Incentive Percentage. Establishing Annual Incentive Amount: The Project's Incentive Percentage is multiplied times the new net TIF Funds received annually by the CRA which are generated by the Project to yield that year's Cash Incentive Amount. Note that incentives are defined as percentages of the new TIF Revenue Increment as it is collected by the CRA. Therefore, any dollar figures calculated prior to project completion and its listing on the tax roll are only estimates. Incentive Disbursement Schedule: The incentive shall be normally disbursed in ten (10) annual installments after required actions have been completed by the Applicant, unless incentive funds are to be paid prior to Project Completion. The Earned Incentives will be dispersed no later than April 1st' of the year following the corresponding tax year. Affordable Access Incentive: The following are definitions for the Affordable Access Incentive Elements: Option I · Affordable Access Incentive rewards Projects for below market access by the public to a defined portion of the Project. The Affordable Access Incentive shall be scored by analyzing the amount of Project's set aside area eligible for discount pricing. The ratio of the Project's set-aside area and amount of discount will be plotted on the CRA Project Scoring Graph for Affordable Access to determine points scored. · Uses shall be defined by three basic categories. Those uses shall be Residential, Commercial and Retail/Restaurant. Each use shall be scored separately for Affordable 7861 City of Boynton Beach Community Redevelopment Agency Direct Incentive Program Revised 02/28/2005 Page 14 of 23 C:\Susan shared fifes\revised incentive programqncentive Program Updated clean copy doc Access (amount of area and amount of discount) and analyzed using the appropriate matrix graph corresponding to the number of uses contained in the Project. Projects containing mixed uses shall have the Affordable Access scores for each use added together for the Total Category Scoring. The Project must score at least ten (10) points in this Affordable Access category to be eligible for Direct Incentives. Project Set Aside Percentage shall be defined as the area (square footage) available for market discounts, divided by the total area (square footage), in the Project for the same type of usage. Market Pricing shall be the average actual or projected market or retail price per square foot for each of the uses within the Project. The Discount Percentage is figured as the discounted pricing per square foot offered by the Project, divided by the average rental or sale rate per square foot of the like-kind area within the Project. Administration of Affordable Access Program by Project Owner. The Applicant shall be required to qualify beneficiaries for the Affordable Access Spaces and report annually. The Project Applicant must qualify beneficiaries for the term of the requested Direct Incentive Program (up to 10 years) and/or placement of deed restrictions. 1. Residential Rental and Sales (must be one of the following to qualify): a. Residential Rental- Individuals or families with household income ranging from a "Very Low Income of 50% Median Income to 120% of Median Income" for Palm Beach County as defined by HUD for the year that the Incentive Program application is approved. b. Residential Sales - Individuals or families with household income ranging from a "Low Income of 80% Median Income to Income 120% Median Income" for Palm Beach County as defined by HUD for the year that the Incentive Program application is approved. Unit Pricing for Incentive Units shall be priced so that buyers are able to qualify for unit purchase. Qualifying Income Percentage for home ownership is defined as 32% of the gross monthly income. The purchaser must keep the unit for a minimum of 10 years or pay any profit above the original Purchase cost plus a 3% annual inflation factor back to the CRA Program. The unit must be the primary full-time residence of 7862 City of Boynton Beach Community Redevelopment Agency Direct Incentive Program Revised 02/28/2005 Page 15 of 23 C:\Susan_shared files\revised ff~centive program\lncenbve Program Updated clean copy.doc the qualified buyer. Program elements should be set as deed restriction on the identified units. 2. Commercial Rental, Retail or Restaurant (must be one of the following to qualify): a. Majority of business ownership owned by people and/or a corporation within Palm Beach County (business and/or franchise ownership). b. Existing business located within the Boynton Beach CRA District. c. New local business with business owner(s) living in Palm Beach County. d. Minority Owned Business as defined by SBA 8a Standards. 8a Business Ownership can be located locally, regionally or nationally. e. Affordable Access Restrictions run for the duration of the Direct Incentive Program. Option II - Affordable Access Ordinance Participation: (TBD) Option III - Community Land Trust: (TBD) Project Quality Elements: Public amenities are defined as areas that have unrestricted public access for the life of the Project. Physical improvements that may qualify are very broad to encourage project design innovation. Specific items which will not be considered as contributing public areas for scoring are sidewalks (10' wide or less), roads, utility R.O.W.s, alleyways and items solely required for safety/emergency access. Public amenity designation shall be clearly identified by the Applicant on the Project's Plan. Their ultimate acceptance as qualified "Public Amenities" is solely at the discretion of the CRA Board. The public area information will include an element narrative description, a proposed structure for setting aside the area for the public use, area layout plan with square feet, cost estimates for construction, maintenance programs (at no public cost), etc. Public amenities must be set-aside by deed covenant, in Property Owners Association Declarations and/or other legal documents acceptable to the CRA. 7863 City of Boynton Beach Community Redevelopment Agency Direct Incentive Program Revised 02/28/2005 Page 16 of 23 C:\Susan_shared files\revised incentive program\lncenbve Program Updated clean copy doc Art shall be defined as elements exceeding basic functionality and that contribute to the public art experience. Elements for project quality scoring may include, but are not limited to: · Architectural Excellence, · Public Spaces, · Parking Surpluses, Screening, Surfaces, · Public Amenity Package, · Public Art, · Relocation, Retention, Creation of Local Businesses and Consideration of existing tenants and owners' relocation or inclusion in the project, Non-Profit Partnerships, Business Association Creation for Internal Unity of Operations to Coordinate with Area Activities, · Transit Support, · Police Support, · Event Support Programs. 7864 Cily of Boynton Beach Community Redevelopment Agency Direct Incentive Program -Revised 02/28/2005 Page 17 of 23 C:\Susan_shared files\revised incenbve program\Incentive Program Updated clean copy doc MAP AND BOUNDRIES 7865 C+ty of Boynton Beach Community Redevelopment Agency Direct Inceotlve Program Revised 02/28/2005 Page 18 of 23 C \Susan_shared files\revised incentive program\lncenbve Program Updated clean copy doc CRA Area I in. = 1.00 miles 7866 City of Boynton Beach Community Redevelopment Agency Direcl Incentive Program -Revised 02/28/2005 Page 19 of 23 C:\Susan_shared files\revised inoenbve program\Incentive Program Updated clean copy doc Hea~ of Boynton Area 7867 City of Boynton Beach Community Redevelopment Agency Direcl Incentive Program Rewsed 02128/2005 Page 20 of 23 C:\Susan_shared files\revised incentive program\incentive Program Updated clean copy doc Affordable Access Incentive Scoring Graph 5O 45 40 35 3O 25 2O 15 10 Use = 20 pts J Uses=10pts Uses 7 pts Uses = 5 pts Uses 4 pts Use = 5 pts Uses = 3 pts Uses = 2 pts Use = 2 pts Uses 1 pts Uses .75 pts O LO O LO O LO O LO O *--- ,r-- C',I 6'4 OO CO "~ ~ LO Percentage of Discount 7868 City of Boynlon Beach Community Redevelopment Agency Direct Incentive Program Revised 02/28/2005 Page 21 of 23 C:\Susan_shared files\revised incentive program\Incentive Program Updated clean copy.doc PALM BEACH COUNTY INCOME GUIDELINES 2005 MEDIAN = $62f100.00 I 2 3 4 S 6 7 8 person persons persons persons persons persons persons persons_ Very Low- Income $22,000 $25,100 $28,250 $31,400 $33,900 $36,400 $38,950 $41,450 S0O/o Median Low- Income 80% $35,150 $40,200 $45,200 $50,250 $54,250 $58,300 $62,300 $66,300 Median Moderate Income $52,800 $60,240 $67,800 $75,360 $81,360 $87,360 $93,480 $99,480 120°/° Median As RECEI~VED FROM FLORZDA HOUSING FINANCE CORPORATION FEBRUARY 14, 2005. 7869 City of Boynton Beach Community Redevelopment Agency Direct Incentive Program Revised 02/28/2005 Page 22 of 23 C:\Susan_shared files\revised incentive program\Incentive Program Updated clean copy doc CRA CONTACT INFORMATION CRA Director: Douglas Hutchinson Address: 639 E Ocean Ave, Suite 103 Boynton Beach, FL 33435 Office: 561-737-3256 Fax: 561-737-3258 E-Maih hutchinsond~,ci.boynton-beach.fl.us Hours: 8:00 AM - 5:00 PM Monday- Friday 7870 City of Boynton Beach Commumty Redevelopment Agency Direct Incentive Program Rewsed 02/28/2005 Page 23 of 23 C:\Susan_shared files\revised incentive program\Incentive Program Updated clean copy doc BoYN?oN BEACH BOYNTON BEACH CRA AGENDA ITEM REQUEST FORM Requested CRA Date Final Materials Must be Turned Requested CRA Meet/mt Dates into CRA Office Meeting Dates [] January 11, 2005 December 28, 2004 (Noon.) [] July 12, 2005 [] February 8, 2005 January 25, 2005 (Noon) [] Augusl 9, 2005 I March 8, 2005 February. 22, 2005 (Noon) [] September 13, 2005 [] April 12, 2005 March 29, 2005 (Noon) [] October 11, 2005 [] May I0, 2005 April 26, 2005 (Noon) [] November 8, 2005 [] June 24, 2005 May3~, 2005 (Noon) [] Deoem~ 23, 2005 Date Final Materials Must be Turned int____qo CRA Office June 28, 2005 (Noon) July 26, 2005 (Noon) August 30, 2005 (Noon) September 27, 2005(Noon) October 25, 2005 (Noon) November 29 2005 (Noon) NATURE OF I Consent Agenda [] Old Business [] Legal AGENDA ITEM [] Director's Report [] New Business [] Future Agenda Items [] Other Item DATE: March 2, 3005 SUBJECT SUMMARY PARAGRAPH: Staff has attached a staff structure concept with specific staff assignments, the current job description for the Assistant Director Position and pay scale. RECOMMENDATION: Staff is recommending advertising the position in the Palm Beach Post, Sun 'Sentinel, Florida Redevelopment Association (FRA), the International Downtown Association (IDA), and the National Trust Mainstreet Center. EXPLANATION: (Background of the issue: Who, What, Where, When, How, Etc.) CRA Staff proposed to advertise nationally for the position of Assistant Director. Staff has contacted the FRA, IDA and National trust Mainstreet Center for information on posting job openings. FISCAL IMPACT: The fiscal impact would be the advertising cost. ALTERNATIVES: The only altemative would be not to advertise nationally. CRA Staff ~ s Hutchinson, CRA Director 7871 V:Lmemos\Memo CRA Agenda Item Request form -to Advertise the position of Assistant Director. doc COMMUNITY REDEVELOPMENT AGENCY CITY OF BOYNTON BEACH, FLORIDA Classification Description CLASSIFICATION TITLE: CRA Assistant Director Exempt Contract Position WORK OBJECTIVE This is a highly visible and responsible administrative position which assists the CRA Executive Director in managing and directing the CRA programs which are established under Chapters 163 of the Florida Statue. The CRA Assistant Director will perform administrative and technical support work on a variety of office systems. The CRA Assistant Director will help in establishing procedures, departmental guidelines, legal requirements and regulatory standards applicable to the work of the CRA. The Assistant Director will coordinate schedules, calendars, projects, and programs of the CRA as delegated by the CRA Executive Director. The CRA Assistant Director will have considerable interaction with outside agencies, administrative officials and the general public. ESSENTIAL FUNCTIONS Provided herein is a general description of duties that may be assigned. The CRA Executive Director reserves the right to establish, assign, reassign and redistribute work to meet business needs. The statements herein do not preclude the CRA Executive Director from assigning other duties similar in nature, complexity and responsibility to any position within this classification. · Functions as Assistant to the CRA Executive Director · Assist CRA Executive Director with the organization of agency activities with respect to CRA related matters. · May supervise agency staff when applicable. · Creates and generates complex materials, e.g., agendas, legal documents, CRA plans, ordinances, reports, and manuals. · Compiles, prepares, and may be responsible for distributing reports, legal notices, news releases, public service announcements, and other materials of the agency. · Arranges calendars and coordinates schedules for meetings. · Receives and reviews various reports and plans for the purpose of verifying accuracy and ensures necessary copies of pertinent documents are made and distributed to appropriate entities. · Performs computer related tasks requiring broad working knowledge of a wide variety of standard computer applications, e.g., word processors, database 7872 systems, spreadsheet programs, report schedulers, electronic file maintenance. Functions as liaison between CRA and relaying information as needed. Performs special projects as assigned. presentation packages, calendar outside agencies, gathering and KNOWLEDGE, SKILLS AND ABILTIES · Considerable knowledge of the operations of urban planning and redevelopment organizations. · Considerable knowledge of federal, state and municipal legislation impacting the CRA. · Considerable knowledge of management and supervisory principles and techniques. · Knowledge of laws and ordinances affecting the redevelopment process. · Knowledge of economics, public finance, capital programming, Human Resources and other related fields that apply in redevelopment service related functions. · Strong customer service skills including both internal and external customers. · Strong skills empowering others with the authority necessary to accomplish their objectives. ADDITIONAL POSITION FUNCTIONS The CRA Assistant Director may perform related duties as directed when such duties are a logical and appropriate assignment to the position. PREFERRED QUALIFICATIONS Graduation from an accredited college or university with a Bachelor's Degree in public or business administration, urban and regional planning or related field. Five years of progressively responsible work experience in community redevelopment, urban renewal, model cities, real estate, finance and public relation. The City of Boynton Beach Community Redevelopment Agency (CRA) is an Equal Opportunity Employer. In compliance with Equal Employment Opportunity guidelines and the Americans with Disabilities Act, the CRA provides reasonable accommodation to qualified individuals with disabilities and encourages both prospective and current employees to discuss potential accommodations with the employer. 7873 I have read and understand this classification description and hereby certify that I am qualified to perform this job, with or without reasonable accommodation. Name (print) CRA Board Chair man (print) Employee Signature CRA Board Chair man (print) Date Date 7874 Boynton Beach CRA Staff Structure Concept With Specific Staff Assiqnments December 20, 2004 Executive Director- 1 · Board Directives · Project Development · Innovation of CRA Programs · Administration · Set Agenda · Planning · Incentive Programs 1. Creation 2. Oversight · Community Land Trust · Grants Leadership · Neighborhood Assoc. & Community Interface Assistant Director- 1 · Construction Interface / Utility Interface · Contract Management · Oversight 1. Finance 2. Marketing Director · MLK Acquisition · Trolley System · Police Programs · Agenda Preparation · Marina Management and Operations · Wi-Fi System Management · Compensation & Goal Plans for Employees · Employee Reviews of Positions under Asst. Director · Staff Training & Development · Board Training & Development · Annual Report Secretary- 1 · Phone · Visitor · Scheduling · Filing · News Paper Clips · Binding · Agenda Production Support Finance - 2 (Controller & Bookkeeper) Accounting 1. Budget Preparation 2. Required Reporting Forms 3. Prepare for Audit & Compliance 7875 · Agenda Preparation 1. Posting/Scheduling 2. Packet Production 3. Distribution · Human Resources 1. Employee Benefits Administration 2. Payroll · Grants In and Out · Contract Administration · Accounting · Legal Interface · Insurances 1. General Liability & Specialty 2. Health Planninq Director- 1 · Update Briefing Book and Tracking New Projects · Design Guidelines · Unified Plan and Planning Updates · Land Development Regulations · Project Review with City · Owner/Developer Interface · Land Self-Assembly Program · Data Systems - Maps / Zoning / Census · In-House Project Design and Concepts · Way Finding Sign Programs · Architectural Digital Modeling Systems Marketing Director- 1 (Administrative Assistant) · Press Releases · Web Site · Events 1. Festivals 2. Special Events 3. Promotions · Newsletter · Brochures, Flyers, Etc... · Business Development Program- Genesis · Survey Programs · Awards · Publications · Merchandise / Promotional Material · Travel / Seminar / Training Logistics Total Staffinq - 7 Nicole Shares U:~CRA StafflBoynton Beach CRA 3.doc Bookkeeper 7876 Nicole Shares U:\CRA StafflBoynton Beach CRA 3.doc Community Redevelopment Agency Pay Plan 2004-2005 Revised December 15, 2004 Job Title Contract Exempt Annual Annual Position Non-Exempt Minimum Midpoint CRA Director Yes Exempt $80,000 $97,850 Assistant Director Yes Exempt $55,000 $65,663 Controller No Exempt $40,000 $50,213 Planner No Exempt $41,000 $49,220 Administrative Assistant No Exempt $33,500 $41,715 Bookkeeper No Exempt $30,000 $35,000 Secretary No Non-Exempt $18,000 $30,000 Annual Maximum $113,300 $74,675 $59,225 $61,525 $48,925 $45,000 $35,ooo Non-exempt positions will be defined by the CRA Executive Director as needed and approved according to the hiring process of the CRA. 7877 Susan Shares C:\Susan_shared files\human resources\humanresources\CRA Pay Plan 04-05 Revised.doc BOYNTON BEACH CRA AGENDA ITEM REQUEST FORM Requested CRA Date Final Materials Must be Requested CRA Meeting Dates Turned Meeting Dates into CRA Office [] January 11, 2005 December 28, 2004 (Noon.) [] July 12, 2005 [] February 8, 2005 January 25, 2005 (Noon) [] August 9, 2005 I March 8, 2005 February 22, 2005 (Noon) [] September 13, 2005 [] April 12, 2005 March 29, 2005 (Noon) [] October 11, 2005 [] May 10, 2005 April 26, 2005 (Noon) [] November 8, 2005 [] June 14, 2005 May 31,2005 (Noon) [] December 13, 2005 Date Final Materials Must be Turned intl_~O CRA Office June 28, 2005 (Noon) July 26, 2005 (Noon) August 30, 2005 (Noon) September 27, 2005(Noon) October 25, 2005 (Noon) November 29, 2005 (Noon) NATURE OF AGENDA ITEM · Consent Agenda [] Old Business [] Legal [] Director's Report [] New Business [] Future Agenda Items [] Other Item DATE: March 2, 2005 SUBJECT SUMMARY PARAGRAPH: Staff has attached a RFP for Retail Market Demand analysis for review and approval by the CRA Board. This data will be used in support of developer and investor recruitment. Additionally, it can be used by small business to expand or fine tune current business plans. The Heart of Boynton Retail demand is very large and to a great extent ignored. This data will bring the great opportunities in the Heart of Boynton to the attention of a large development industry and encourage our retailers to aggressively move into new market trends. RECOMMENDATION: Staff is recommending posting the RFP for Retail Demand Analysis, establish a Selection Review Committee or instruct Staff to review and rank the responses, and bring the recommendations to the CRA for action. EXPLANATION: (Background of the issue: Who, What, Where, When, How, Etc.) Staff presented the attached a RFP for Retail Market Demand analysis to the CRA Board at the Retreat in Naples for review. The CRA Board was receptive to bringing forth the RFP for Retail Demand Analysis for approval to move forward. The RFP scope of work summary sheet is attached for review. The entire RFP follows our set format and is available at the CRA offices. FISCAL IMPACT: The fiscal impact at this time will be the cost to post a legal notice which is around $500. ALTERNATIVES: The alternative is to not issue the RFP for Retail ~d Analysis. ;:;L (~X-.((\ l[(~_ (~'~ (:t C'(? l~- ~ ....... V'/ 'D0~hinson,r C~ Director~ C~ Staff :'- ~ ':t'~' }':~ >Z;'~ .'_ ~ 7878 C:\Susan_shared files~memoshMemo CRA Agenda Item Request form - retail market demand analysis.doc Boynton Beach Community Redevelopment Agency (CRA) Request for Proposal CRA RFP No. 2005-01 RETAIL DEMAND ANALYSIS REQUESTFOR PROPOSAL ISSUING ENTITY: BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY CONTACT PERSON: DOUGLAS C. HUTCHINSON TELEPHONE NO. (561) 737-3256 FAX NO. (561) 737-3258 RFP ISSUE DATE: Date ADDRESS FOR SUBMITTAL: Boynton Beach CRA 639 E. Ocean Ave. Suite 103 Boynton Beach, Florida 33435 RFP SUBMISSION DATE: Date & Time (am or pm) (Eastern Standard Time) 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. 7879 Page 1 of 25 U:\LegaI\RETAIL DEMAND ANALYSIS - Amy draft 2_05 doc SPECIFICATIONS FOR RFP FOR 2005-01 RETAIL DEMAND ANALYSIS PART I - INTRODUCTION 1-1 WORK OBJECTIVE Boynton Beach Community Redevelopment Agency, hereinafter known as the "CRA" is seeking qualifications from a Proposer interested in providing "Retail Demand Analysis for the Heart of Boynton Redevelopment Area", hereinafter known as the "PROPOSER". 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. The "PROPOSER" will prepare research towards the retail sector of Boynton Beach, which will be accomplishing the following: Analysis of retail trade area: · Identification of potential trade area attached map). for the Head of Boynton (see · Analysis of the viability for retail development in the drive time trade area for the area. B. Analysis of households: · Determine and analyze psychographics of households within the drive time trade area for the area. C. Product Demand Analysis: · Determine average annual household demand by product for the area. D. Deliverables: · A written presentation to include: 1. Explanation of study methodology and analysis process, including data resources expected to be used as the study basis and their accuracy and reliability. 2.Map of the drive time trade area for the area. 3. Household profiles, based on psychographics, of the drive time trade areas for the area. 4.Product demand analysis for the drive time trade area. 5.Conclusions and recommendations for each. 7880 U \LegalS, RETAIL DEMAND ANALYSIS - Amy draft 2 05 doc Attachments 1-6 must be submitted with final documents Page 2 of 25 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 Douglas C. Hutchinson at (561) 737-3256. There will be no independent communications between the PROPOSER and individual members of the CRA. 3-2 BACKGROUND INFORMATION The CRA serves an area of approximately 6 square miles. The CRA was created under Florida Statutes Section163.356 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 - QUALIFICATION REQUIREMENTS 4-1 SUBMISSION OF QUALIFICATION The PROPOSER must submit the following to be considered for this RFP: An original (so marked), ten (10) hard copies and (1) one digital copy of the response are to be included. 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. 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. 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. Technical Qualifications- The detailed RFP should follow the order set forth in Section 4-2 of this RFP. 5. Proposed Contract - Contract addressing the requirements of the RFP. Qualifications must be submitted in a sealed envelope clearly marked with the name of The PROPOSER and CRA, RFP No. 2005-01 RETAIL DEMAND ANALYSIS. 7881 4-2 TECHNICAL QUALIFICATIONS General Requirements- The purpose of the Technical Qualifications is to demonstrate the qualifications, competence, and capacity of the PROPOSER seeking to undertake the RETAIL DEMAND ANALYSIS 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 RFP and 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. Independence- The PROPOSER should provide an affirmative statement that it is independent of the CRA and the CRA Board. The PROPOSER shall also describe any professional relationships with any CRA 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 Retail Demand Analysis. In addition, the PROPOSER shall give the CRA written notice of any such professional relationships entered into during the period of this agreement. 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 the State of Florida. Firm Qualifications and Experience- The PROPOSER shall state the size of the firm, the location of the office from which the work on this engagement is to be performed and the number and nature of the professional staff to be employed in this engagement. 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 The PROPOSER shall indicate how the quality of staff over the term of the agreement will be assured. 7882 The PROPOSER shall indicate its experience in dealing with Retail Demand Analysis and provide a list of former projects as well as present projects. The PROPOSER shall provide a list of at least five (5) references (name, address and telephone number) that the CRA may contract. 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. RFP Copies - The PROPOSER shall submit an original (clearly marked), ten (10) photocopies and one (1) digital copy of the RFP to the CRA, 639 E. Ocean Ave. Suite 103, Boynton Beach, Florida 33435. Faxed proposals shall not be accepted. All costs of preparing a proposal are the responsibility of the proposing party. PART V - EVALUATION OF RFP 5-1 EVALUATION METHOD AND CRITERIA Qualifications will be evaluated in accordance with the weighted criteria listed below: 2. 3. 4. 30 Points. Experience of the Proposer. 30 Points. Qualifications of the assigned staff. 30 Points. Methodology and analysis process. 10 Points. Client references. 5-2 PROCUREMENTSCHEDULE 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 RFP's to be presented to the CRA Board for final ranking and selection, which may include an oral presentation or interview. 5-3 FINAL SELECTION 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 the RFP's and authorize a contract with the PROPOSER ranked the highest. The CRA 7883 U \LegaI\RJETAIL DEMAND ANALYSIS Amy draft 2 05 doc Attachments 1-6 musl be submitted with final documents Page 5 of 25 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 RFP's, 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. 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 Retail Demand Analysis. 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; · Re-issue 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. 7884 Page 6 of 25 U 'xLegaP, RETAIL DEMAND ANALYS1S Amy draft 2_05 doc 6-6 STANDARDS 6-7 6-8 6-9 6-10 6-11 Factors to be considered in determining whether the PROPOSER is responsible: · Availability of appropriate resources and expertise as indicated by the PROPOSER to meet all contractual requirements; · A satisfactory record of performance; · A satisfactory record of integrity; · Qualified legally to Contract within the State of Florida and with the CRA; · Supplied all necessary information in connection with the inquiry concerning responsibility. 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. 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. 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. 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 a RFP. ESCALATOR CLAUSE Any RFP, which is submitted subject to an escalator clause, will be rejected. 6-12 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. 6-13 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. 7885 U \Legal\RETAIL DEMAND ANALYSIS - Amy draft 2_05 doc Attachments 1-6 must be submitted with final documents Page 7 of 25 6-14 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. 6-15 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 wilt in no way be a cause for relief from responsibility. 6-16 PUBLIC ENTITY CRIMES Section 287.133(3)(a), Florida Statutes, requires submission of a sworn statement regarding Public Entity Crimes which must be signed and notarized and submitted with the proposal. A form for this purpose is attached thereto as Attachment 8. 6-17 ADVERTISING In submitting a 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". 6-18 ASSIGNMENT Any Purchase Order issued pursuant to this RFP invitation and the monies, which may become due hereunder, are not assignable except with the prior written approval of the CRA. 6-19 LIABILITY The PROPOSER agrees to indemnify and hold harmless the CRA, its Board, its agents, its volunteers and its employees from any and all claims, suits, losses, and/or damages of any kind, inclusive of legal fees and court costs, arising, directly or indirectly, from any action filed or brought by any party ar/sin9 from the performance of any resulting contract. CEO or Principal Agent of Corporation (Print) Witness (Print) CEO or Principal Agent of Corporation Witness Date 7886 Date Page 8 of 25 U \LegaI'/RETAIL DEMAND ANALYSIS - Amy draft 2_05 doc ATTACHMENT 1 THE PROPOSER ACKNOWLEDGEMENT Submit RFP's To: Boynton Beach, Community Redevelopment Agency (CRA) 639 E. Ocean Ave. Suite 103 Boynton Beach, FI 33435 Douglas C. Hutchinson RFP Title: CRA RFP No 2005- 01 RETAIL DEMAND ANALYSIS RFP Date and Time Received by the CRA (CRA Use Only): Date: Time :~.( Eastern Standard Time). ,2005. RFP's will be opened in the CRA Office unless specified otherwise. Deadline for receiving this RFP is scheduled for: Day, Month, 2005, Time (Eastern Standard Time) 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 7887 U \LegahRETAIL DEMAND ANALYSIS - Amy drag 2_05 doc Attachments 1-6 must be submitted with final documents Page 9 of 25 BOYNTON BEACH CRA AGENDA ITEM REQUEST FORM BOYNTON BEACH Requested CRA Date Final Materials Must be Turned Requested CRA Meeting Dates into CRA Office Meeting Dates [] January 11, 2005 December 28, 2004 (Noon.) [] July 12, 2005 [] February 8, 2005 January 25, 2005 (Noon) [] .August 9, 2005 I March 8, 2005 February 22, 2005 (Noon) [] September 13, 2005 [] April 12, 2005 March 29, 2005 (Noon) [] October 11, 2005 [] May 10, 2005 April 26. 2005 (Noon) [] November 8, 2005 [] June 14, 2005 May 31, 2005 (Noon) [] December 13, 2005 Date FiJml Materials Must be Turned int_..~oo CRA Office June 28. 2005 (Noon) July 26, 2005 (Noon) August 30, 2005 (Noon) September 27, 2005(Noon) October 25, 2005 (Noon) November 29, 2005 (Noon) NATURE OF I Consent Agenda [] Old Business [] Legal AGENDA ITEM [] Director's Report [] New Business [] Future Agenda Items [] Other Item DATE: March 2, 3005 SUBJECT SUMMARY PARAGRAPH: Staff has attached a request and backup documentation for the Demolition of Boynton Terrace. In September 2004 City building and code inspectors conducted damage assessment following the two hurricanes and discovered a number of structural and environmental problems at Boynton Terrace, which may pro-dated the hurricanes. Based on these reports the City's Building Officials found it necessary to declare al 16 buildings "unsafe." RECOMMENDATION: Staff is recommending funding the cost of $344,700 demolition, asbestos survey and abatement. EXPLANATION: (Background of the issue: Who, What, Where, When, How, Etc.) CRA Staff proposed to underwrite the demolition on the Boynton Terrace Apartments at the CRA retreat. Quintus Green Director of Director and Scott Blasie, Code Compliance Administrator have prepared the request and cost analysis for the project. FISCAL IMPACT: Staff is proposing to reallocate the money to fund this project. ALTERNATIVES: The altemative would be to not underwrite the proje ~ ~ '?'i" ~ '- ' ~''' ~' ~'' ~ , .... ';" ~'" CRA Staff ~x-_~)o~uglas I-~chinson, CRA Director 7888 V:~memoshMemo CRA Agenda Item Request form -Condimation of Boynton Terrace.doc Memorandum To: From: Date: Re: The Community Redevelopment Agency Board Quintus Greene, Development Director February 28, 2005 Funding for the Demolition of Boynton Terrace In September 2004, following the two hurricanes that impacted south Florida, the City's building and code inspectors conducted a damage assessment of a number of multi-family housing complexes in the city, including the 16 building, 89 unit complex known as Boynton Terrace. As a result of this assessment the inspectors discovered a number of structural and environmental problems at Boynton Terrace, many of which pre-dated the hurricanes. Given the nature and extent of the discovered problems, the City retained independent engineering and environmental consultants to conduct a detailed examination of the structural and environmental integrity of the apartment complex. These consultants issued their reports during the last week of December, 2004. Based on these reports, the City's Building Official found it necessary to declare all 16 buildings of the Boynton Terrace complex to be "unsafe." The Building Official then notified the agent for the owners, on January 4, 2005, that they would have 45 days to come up with a plan to bring the buildings up to the standards of the current building code. In the interim, the staff of the City's Development Department has actively assisted in relocating the residents of Boynton Terrace from these unsafe conditions. This effort has included the use of its Community Development Block Grant (CDBG) funds to pay for moving expenses and security deposits at suitable alternate housing sites. The City has even gone so far, in one case, of actually agreeing to pay the hotel expenses of a handicapped individual and her children for 30 days while their new permanent residence is being retrofitted for handicap accessibility. The 45 day grace period granted by the City's Building Official expired on February 22, 2005 without any indication by the owners of their intent to rehabilitate the structures as required. As a result, on February 23, 2005 the Building Official formally notified the owners that, in the interests of public safety, it would be necessary to move the Boynton Terrace Apartment complex forward for demolition. As of March 7, 2005 all legitimate residents of Boynton Terrace will have been relocated and all city utilities will have been shut-off. Inasmuch as Boynton Terrace is in the Community Redevelopment Agency's Heart of Boynton Redevelopment Area, the City staff hereby requests that the CRA Board authorize the expenditure of Three Hundred and Fifty Thousand Dollars ($350,000.00) to facilitate the demolition of the 16 building Boynton Terrace Apartment Complex. 7889 MEMORANDUM To: From: Date: Re: The Community Redevelopment Agency Board // Scott Blasie, Code Compliance Adminis~4~y March 3, 2005 March 17, 2005 C.R.A. Agenda Supplement - Boynton Terrace Demolition Funding Request Please consider the following summary as a supplement to Mr. Greene's earlier memorandum of February 28, 2005 concerning the request for the Board's consideration of funding the demolition of the Boynton Terrace Apartments: Costs of Demolition: (Asbestos Survey and Demolition Contract Enclosed) Combined parcel size: Mortgage recorded on May 26, 1995: (Palm Beach County Multi-family Housing Revenue Bonds Series 1995A) (Palm Beach County Multi-family Housing Revenue Bonds Series 1995B) Additional Encumbrances: City of Boynton City of Boynton City of Boynton City of Boynton City of Boynton Beach Engineering Consultant fees Beach Code Compliance Case 04-1201 Beach Code Compliance Case 04-1200 Beach Code Compliance Case 04-2393 Beach Code Compliance Case 04-2392 $344,700.00 8.48 acres $4,375,000.00 $875,000,00 $25,000.00 $49,384.12 $49,480.15 $41,134.12 $41,134.12 The above information is derived from Title work spanning 20 years from March 9, 1983 to September 13, 2004 and Code Compliance records as of March 17, 2005. The costs of demolition including the asbestos survey will also be recorded as liens against the property on behalf of either the City or the C.R.A. The City Of Boynton Beach also has the option of pursuing foreclosure on this property relative to the above noted Code Compliance liens. 7890 C~ Quintus Greene, Development Director File 2/18/200S 2;55 ?M 7ROM; 3059400747 AR~ Bnvlro~mental, Inc. TO: 15617426~38 PAGE: 001 Of 002 Asbenos Cons~l#ng Radon ~easurments ~2/1~/~00 § Mr. Scott Blasie - CITY OF BOYNTON BEACH 100 East Beynton Beach Blvd. Boynton Beach, FL 33425 RFERENCE: 10 Two Story Bldg and 6 Residential Dwellings 801&700 N Seacrest Blvd ! 210, 220 & 230 N.W. 7 711 & 721 N.W. 2 st./210, 220, & 230 NW. Boynton Beach, fl Phone:- Fax: 561 742 6121 561 742 6838 Bid hlumber: ARS-1513 PROPOBAL Pursuant to our telephone conversation, please allow this letter to serve as our "PROPOSAL A(IREEMENT" between CITY OF BOYNTON BEACH as the CLIENT and A.R.S. ENVIRONMENTAL, INC., as the CONSULTANTS. The Client/Owner and Consultants agree ss set forth in the following: ARTICLE I That A,FI.9, ENVlRONMENTAL~ INC. shall execute the entire work described in this Proposal Document, except to the extent specif~;ally indicated in this Document to be ~he responsibility of o~hera, or es follows: PROPOSED SCOPE OF WORK ASBESTOS DEMOLITION SURVEY (INTERIOR, EXTER!OR, ROOF) IOTWO STORY BLDG (~550.~ ~ER BLDG) 6 RESIDENTIAL DWELLIN6 (400 PER DWELLING) VISUAl_ INSPECTION OF SUBJECT SITE CERTIFIED TECHNICIAN DOCUMENTATION OF FINDINGS & RECOMMENDATIONS 8] Both pe~es shali comply with all applicable laws. ordinances, rules and regulations of Federal, State and Local Governments and Agencies raising to or affecting the Proposai work in wh~e or in part. CI A R.S. shall treat es confidential all information that relates to this Proposal and that the Owner supplies or A R.B. obtains as a resul: of performance under this P~posal, unless such inl=ormation without the prior written consent of the Owner, unless compelled to do so by law. D) The terms and conditions contained in this Proposal shell not be added to, modified, superseded or otherwise altered except by written modification signed by authorized representatives of A. R.S. and Owner. ARTICLE II A) The Owner or A.R.B. may terrr~nate this Proposal in whole or in par~, by cjMng five [5] days written notice to the other. If t~rmin~r_~d by the Owner, the Owner shal pay all costs incurred, including aqy cancellation :hsrge by vendors, plus a reasonable amount for indirect cos~s and pro,ts. 7891 Page 1 of 2 2/18/200S 2:55 }H FROM: 305940£17Zv ARS £r,v'-r3amental, Inc. TO: 1-c617426838 PAGE: 002 OF 002 ARS 02i18~005 CITY OF BOYNTON BEACH ARS-1513 FI] The Owner shall have the right to use any information developed by A.RS. under this Proposal. In the event of a~y reuse by the Owner cf any portion of such information, A.RS shall not be liable to the Owner for any damages that could arise from the reuse. &I:ITIC LE III A] The fee for Professional serqices to be rendered shall be the sum of: 117,900.00 I=AYMENT DUE UPON COMPLETION Mr Sco~t Btasie, after you ha~e had the opportunity to review the sbove and should find it to be favorsble, please execute one copy and forward back tc our office at your earliest convenience. Respectfully submitted, A.R.S. ENVIRONMENTAL, INC. Derek Keung Accepted and approved ~r~ day of February. 2005. 7892 Page 2 of 2 231 NW 18th Ave~ Delr~¥ Beach FL 3344_~ Date: Friday, February 25, 2005 To: City of Boynton Beach Scott Blaise Phone: 561-742-6120 Fax: 561-742-6838 From: Frederico Inc. Tom Gooding Phone: 561-276-5008 Fax: 561-276-1554 Pages including cover: 3 Subject:Boynton Terrace Apartments, Boynton Beach ]'he following is the demoli~ion proposal for the above referenced address. If you choose to accept our proposal please read it carefully initial the 1st page in both places sign page 2 of the contract and fax it back to our office. Ifyon choose not to do so I want to thank you for the opportunity to be of service to you. If yen have any questions please give me a call at thc office. Thank Yea Again, Tom Gooding General Manager 7893 0~.12-g99 Scott Blaise City of Boynton Beach 1~3 E, Boynton Beach Blvcl. Boynton Beach, FL 33435 Off:561-742-6120 Fax:SO1.742-&S38 O2-25-0~ RE: Demolition al Boynton Termoe Apertm~ta, Boyntor~ Beach, FL. Dear Sco~ As per your request we hereby submit ~e following n)ugh estimate for demolition and removal of the Boynton Terrace Apartmenls (18 buildings) located a[ the above referenced address. Scope of Work to Include: Derm)lish and remove buildings and monolithic slab foundallons to 18" below grade; removal cf all asphalt driveway and parking lots; removal of all conc~rete curbs, parking stops, slabs and wall(ways; removal of all miss trasl~ and clebrie; removal of. Site w~l be left m a ROUGH GRADED CONDITION, free of any large demolition debds. Any piping (iron / plastic) or concrete lee after rough gr~llng, ot~er than large footers found below grade, am the responsibilities of Ihs owner./contractor. No vegetalJon il included in this bid The work H~e¢lfled PRICED FOR BUDGETARY PURPOSES ONLY ..... THE SUM OF $ 336,800.00 Permit Fee will be added once permit has been obtained. To be added as additional insured add $200.00 to bid price Salvage or belon~llngs lee after obtaining permit become the properly of Frederi¢o Inc. Above price I$ valid for 30 day, unless otherwise rmted here. Initial ' ASBF~?(:)B 8UEVE¥ AND OR/M~ATEMENT BY OTHERS, IF REQUIRED * The above wo~k includes labor, insurance, equlpmenl and dump fees necessa~ to complete the project. Bond, required), by others, Grade bearrm, piling gapal top~, elam walls, stern wall fo~mm, slab ~lekae~ gr~a~er than 8" am not anticipated, whml enoounlered the eddi~iortal work required to cut rebar along with the Irucking distance required for disposal of ~oncrete and ~eber will be done for the additional cost of $350.D0 per load (clean concrete only. Five Ioa(~ minimum). Tree~ and any other vegetallon not specified above will be removed at e~ additional cos~ of $1450.00 per 45 cu. ! ;yd. load, loads count by Fnederico, or by owners representative to be on silo w~ile work Is being dona. A 2~% dump fee deposit mflulred al: lime of mobllz~tion. The Genera~ Co, hector or Owner will 13e responsible t'or: O~nerJeontraet~r must provide permit board to p~lt permit on ~ite prior to ¢lemollllen preoeee~ locating any underground utilities; aD)' saw cutting at street or any other Icmatlor necessary, prote~ or moving any trees I shrubs whic~ may be damaged during the demolition pro,ess or removed were required to complete the demolition; any professional services plumbing I eleclrloa~, NC et~.; pumping and abando[~men! of any existing eel~Jc~tank or fuel ! all tanks: Slit Fencing or olt¥ / town or county requirements. Frederic~, Inc. will aa~ist in obtaining utility disconnects and release forms ae required for permitting. Removal et' DRIVEWA¥Sf~idewalk~, vegetalton, trees, shrubs eul~ide/wll~ln er al~g right-of-ways or property llne~ ie not Inel~Kled but will be do~e wtten ordered at Ihs el)eve until 13rfgea a~d at ~e ownem risk. Damage to driw~aya or sldewall~ which wlti~a entering ,leaving ar while ~orkln~ on ~ Job I~ ~ mepe~iblll~f of the ewnerl~ntracl~r. If water Is not pro~lded m~msr/general cenlmcter will be r~poneible for any ¢Jalms for damage or coml)lalnt'~. Schedules nfo apj#*oMmate ami may be o~ aa mu~h 8 ~o 2' M ~o event peymeflt b not mede upon camptelfon or as agreed ~o at ~e $ig fling of thh e~mtFuct and it iu necessary to enlist ~e serviee~ of sn Attorney the coot ef maid AtMmey Mill be added to Ihs c¢~ of tho conlFmet pl,m 08 adlow~d by law, Initial 7894 R'd ~S~I-~£~ *out oozJapaJ~ SS:gI SO0~ S~ qa~ Page 2 o/2 04-12-99g DemolilJon at Bovnton Terrace Aparlments, Boynton Beach, FL. 02-25-05 No~: If the Owner o~ G/C elect~ to have s pre. demollUon sale while the Jab ia being permitted under our license, we will require an additional $750 fee; · cerUfleat~ of Irt~urance hamanO Fr~lerfco Ir~, la add~ionally Insured em:l a written a~kno~ledgment that NC) VEGETATION In BO~I RetCh may be removed. ResDeoffully Submitted, FREDERICO, INC. Tom Oooding General Manager Date: Prim Iqan~ PAYMENT DUE IN FULL UPON COMPLE'/1ON OF WORK PLEASE MAKE CHECK PAYABLE TO FREDER/CO, INC. 7895 P.. ' "J ~. ci ci I - .q/.2 - ou T V. Public Audience 7896 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 t~roceedings 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 7897 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 oroceedings 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. TO: FROM: THROUGH: DATE: PRO.1ECT NAME/NUMBER: REQUEST: DEVELOPMENT DEPARTMENT PLANN1'NG & ZONI'NG D1'V1'STON MEMORANDUM NO. PZ 04-263 Chair and Members Community Redevelopment Agency Board and City Comm~ Dick Huds~q~, !~ICP Senior Planner Michael W. Rump~~''~ Director of Planning and Zoning October 29, 2004 Barr Property LUAR 04-009 Amend the Future Land Use designation from High Density Residential to Special High Density Residential; and, Rezone the property from R-3 Multi-family Residential to PUD Planned Unit Development. Property Owner: Applicant/Agent: Location: Parcel Size: Existing Land Use: Existing Zoning: Proposed Land Use: Proposed Zoning: Proposed Use: PRO3ECT DE$(~RZPTZON BMVFL-1, Inc. Boynton Village, LLC/Cornerstone Premier Communities 1801 NE 4th Street (Exhibit "A") +9.88 acres High Density Residential (10.8 dwelling units per acre [du/ac]) (Boynton Mobile Home Park) R-3 Multi-family Residential Special High Density Residential (20 du/ac) PUD Planned Unit Development Townhouse-style condominium community of 180 units 7898 Page 2 File Number: LUAR 04-009 Barr Property Adjacent Uses: North: Single-family residential development designated High Density Residential. Property to the northeast is zoned PUD Planned Unit Development; to the northwest the property is zoned R-3 Multi- family Residential. South: Developed property designated High Density Residential (HDR) and zoned R-3 Multi-family Residential (day care center and rental apartments). East: Rights-of-way of the Florida East Coast (FEC) Railroad and North Federal Highway, then developed property on the east side of Federal Highway, designated Local Retail Commercial and zoned C-3 Community Commercial. West: Right-of-way of NE 4th Street, then developed Multi-family residential (Boynton Bay) designated High Density Residential and zoned PUD Planned Unit Development. EXECU"rZVE SU F,tI~tARY Staff recommends approval of the requested land use amendment and rezoning for the following reasons: 1. The request is consistent with relevant policies in the Comprehensive Plan and the adopted "Federal Highway Corridor Community Redevelopment Plan". The redevelopment of the property is desirable; the proposed rezoning maintains the residential character of the area, and will provide an aesthetically pleasing living environment in proximity to the downtown. 3. The proposed development meets the standards expected when a Planned Unit Development is requested in the Special High Density Residential land use category. SITE PLAN/MASTER PLAN ANALY~;IS It is a basic expectation that anyone requesting the use of the Special High Density Residential land use category and PUD regulations will develop to standards that exceed the City's basic development standards in terms of site design, building architecture and construction materials, amenities and landscape design. '1'o that end, ali applications for rezoning to a PUD must be accompanied by a detailed master plan or site plan. In this instance, an application for site plan approval has been submi~ed and is being reviewed concurrent with this request. The Special High Density Residential land use category allows up to a maximum of 20 du/ac. this instance, the applicant is proposing a development containing 180 units in a mixture of townhouses and fiats with an overall density of 18.2 du/ac. 7899 In Page 3 File Number: LUAR 04-009 Barr Property The site plan proposes one (1) main point of entrance/egress from NE 4th Street. An emergency point of entrance/egress is shown also from NE 4th Street would be used only when the main entrance is obstructed. The 180 dwelling units are proposed within 15 separate buildings arranged along a Iccp road within the 9.88-acre site. The number of units within the buildings ranges from eight (8) to 14 units. Two stacked condominium fiat units on each end flank two-story townhouse units in each building. Unit sizes range from 1,356 square feet to 1,879 square feet. The maximum height of the structures is 35 feet (3 stories), measured to peak of roof. The PUD zoning district regulations contain no constant minimum setback requirements, requiring however, that setbacks mirror setbacks of adjacent development. The site plan shows a setback of 40 feet from NE 4t~ Street and 20 feet from all other property lines. These setbacks are consistent with those of adjacent development. A recreation area is proposed for the center of the development, surrounded by the residential buildings on all sides. This area contains a clubhouse with 1,838 square feet under air, a swimming pool, tot-lot and a passive green area. A five (5) foot high aluminum fence will surround the recreation area. Staff has recommended approval of the site plan. PROJECT ANAL¥$I-~ Chapter 163.3187, Florida Statutes states the requirements for small-scale Comprehensive Plan map amendments. The proposed amendment must involve a use of fewer than ten (10) acres and a residential use must have a density of ten (10) units or less in density, unless the subject property is located in an area designated for urban infill, urban redevelopment, or downtown revitalization. The parcels, which are the subject of this land use amendment, total 9.88 acres. Even though the requested density is greater than 10 du/ac, it is located within a recognized redevelopment area. Because of this and the size of the property under consideration, the amendment qualifies as a "small scale" amendment. A "small-scale" amendment is adopted prior to forwarding to the Florida Department of Community Affairs and is not reviewed for compliance with the state, regional and local comprehensive plans prior to adoption. The criteria used to review Comprehensive Plan amendments and rezonings are listed in the Land Development Regulations, Chapter 2, Section 9, Administration and Enforcement, ]Item C. Comprehensive P/an Amendments: Rezonings. These criteria are required to be part of a staff analysis when the proposed change includes an amendment to the Comprehensive Plan Future Land Use Map. am Whether the proposed rezoning wou/d be cons/stent w/th app//cab/e comprehensive p/an po#c/es indud/ng but not//m/ted to, a prohibit/on against an)/increase in dwe///ng unit density exceeding 50 in the hurricane evacuation zone without written approva/ of the Pa/rn Beach County Emergency P/ann/ng D/v/s/on and the City's risk manager. The p/ann/ng department sha// a/so recommend/imitations or requirements, which wou/d have to be imposed on subsequent deve/opment of the property, in order to comp/)/w/th po#c/es contained in the comprehensive p/an. 7900 Page 4 File Number: LUAR 04-009 Barr Property The property is not located within the hurricane evacuation zone. In addition, the proposed townhouse project will replace an antiquated mobile home park with residences that are less vulnerable to the effects of tropical storms than older mobile homes since they must meet minimum standards for High Velocity Hurricane Zones as required by the Florida Building Code. The criteria for assigning the Special High Density Residential land use category are found in Policy 1.16.1 of the Future Land Use Element: "This land use category sha# cons/st of redevelopment and/nfl//res/dent/a/ areas assigned to this/and use category/n the port/on of the designated Community Redevelopment Area/dent/fled as Planning Area I and Planning Area V/n the "Federal Highway Corridor Community Redevelopment P/an'; adopted on Nay 15, 2001." The proposed redevelopment residential project is located in Planning Area I, as defined in the above-cited redevelopment plan, and therefore meets the criteria for consideration of the land use amendment. Other policies contained in the Comprehensive Plan that are applicable include: Policy 1.19.1 The City shall continue efforts to encourage a full range of housing choices, by allowing dens/b'es which can accommodate the approximate number and type of dwellings for which the demand has been projected/n the Housing and Future Land Use Elements, including the provision of adequate sites for housing very-low, /ow; and moderate income households and for mobile homes; Policy 1.19.7 The City shall continue to change the land use and zoning to permit only residential or other non-commercial uses in areas where the demand for commerda/ uses will not increase, particularly in the Coastal Area; and, The requested land use amendment and rezoning are consistent with both policies. Tn addition, they are consistent with the following strategies for Planning Area I, as stated in the "Federal Highway Corridor Community Redevelopment Plan": Encourage a variety of ttousing. Develop intensity standards that allow for a variety of housing sty/es and types at intensities that will ass/st/n supporting the downtown area and genera/economic expansion; and, Require a transition to the adjacent gateway neighborhoods. Create development standards/n the c/ty entrance commun/t/es that estab//sh a log/ca/trans/t/on to the 9ateway commun/t/es. 8u//d/n9 sca/e, mass/n9 and placement should be/ess/ntense than that of the adjacent p/ann/n9 areas, but substant/a/ enough to announce an arr/va/ /n the C/ty. Whether the proposed rezon/ng would be contrary to the established land use pattern, or would create an/solated d/str/ct unrelated to adjacent and nearby 7901 Page 5 File Number: LUAR 04-009 Barr Property districts, or would constitute a grant of special privilege to an individual property owner as contrasted with the protection of the pub#c we/fare. The requested land use amendment and rezoning will promote efficient use of the subject property. The property's location within both the Community Redevelopment Area and Planning Area I of the Federal Highway Corridor suggests that the requested increase in density is appropriate for the area. Adjacent properties lying north, west and south of the subject property are designated for high density residential uses, and while the requested density is greater than that of the surrounding development, it is consistent with the transition in uses recommended in the Federal Highway Corridor Community Redevelopment Plan. c. Whether changed or changing conditions make the proposed rezon/ng desirable. The property is currently developed with an aging mobile home park. The redevelopment of the property is desirable. The proposed rezoning maintains the residential character of the area, and will provide an aesthetically pleasing living environment in proximity to the downtown. c. Whether the proposed use would be compatible with ut/#ty systems, roadways, and other pub/lc fac/l/ties. Projected utility systems demands, traffic generation and public school impact were provided by the applicant and are shown below. "' ,',o ~ ~-= ~ Existing Land Use 110 mobile 249 41,140 gpd 65 peak hr. Elem=9 (Actual) IVlobile Home Park homes persons 33,000 gpd trips Middle=4 ................................. ~_--__.7_ .... HDR maximum potential 106 du 242 39,644 gpd 57 peak hr. Elem=8 persons 31,800 gpd trips Middle=4 High=6 Proposed Land Use (SHDR) 197 du 447 73,678 gpd 106 peak Elem=16 persons 59,100 gpd hr. trips Middle=8 ........................................................................................ Hi~=12 Proposed Development 180 du 409 67,320 gl::~- .......... ~-~-P-~-~-~'--- E--iem~l-~---' persons 54,000 gpd trips Middle=7 High=11 2.27 persons per du=average household population per 2000 census Demands: Water=347 gpd per unit Sewer=300 gpd per unit Peak Hour Trip Rates: Townhouse=0.54 Mobile Home=0.59 The subject property, located east of Interstate-95, is in the Coastal Residential Exception Area, and is therefore not subject to the Palm Beach County Traffic Performance Standards. The 7902 Page 6 File Number: LUAR 04-009 Barr Property traffic statement provided by the applicant meets the requirements of Palm Beach County by showing both daily trip generation rates and AM and PM peak hour trip generation characteristics. The Utilities Department indicates that sufficient capacity for potable water and sanitary sewer exists to serve the development. The Palm Beach County Solid Waste Authority has stated that adequate capacity exists to accommodate the county's municipalities throughout the lO-year planning period. The School District of Palm Beach County has reviewed the application and has determined that adequate capacity exists to accommodate the resident population. The City's Police Department has indicated that service demands of the requested development will be no greater than those currently experienced by the present use. Lastly, drainage will also be reviewed in detail as part of the review of the conditional use application, and must satisfy all requirements of the city and local drainage permitting authorities. Whether the proposed rezoning would be compatible with the current and future use of adjacent and nearby properties, or would affect the property values of adjacent or nearby properties. The proposed rezoning to PUD is compatible with abutting development. The project is separated from properties to the east by rights-of-way and development standards of the PUD district require that setbacks of adjacent developments be mirrored in the site plan for the development. f. Whether the property is physically and economically developable under the ex/sting zoning. The property is currently used as a mobile home park. It could be redeveloped under the existing land use designation and zoning, which allows a maximum residential density of 10.8 du/ac. The additional density will enable an economically viable redevelopment project, with units priced lower than the units currently being built in the Federal Highway corridor, thereby conforming to the Comprehensive Plan policy calling for a full range of housing opportunities for residents of the City. Whether the proposed rezoning is of a scale which is reasonably related to the needs of the neighborhood and the city as a whole. The property is less than 10 acres in size, but has a linear configuration stretching more than 1,000 feet along the Federal Highway/FEC corridor and is highly visible from Federal Highway. The aesthetic quality of the proposed redevelopment project will greatly improve impacts of the property on the property on the corridor, which is viewed as a gatway into the downtown and is targeted for aesthetic improvements. The requested land use amendment and rezoning will facilitate the redevelopment of the antiquated mobile home park in a manner consistent with the "Federal Highway Corridor Community Redevelopment Plan". h. Whether there are adequate sites elsewhere in the city for the proposed use, in districts where such use is already allowed, ]~n accordance with the definition of the Special High Density Res/dent/a/land use designation in Policy 1.16.1 of the Future Land Use Element, residential densities of 20 du/ac are permitted in 7903 Page 7 File Number: LUAR 04-009 Barr Property the Federal Highway corridor to encourage infill development and redevelopment. There are a limited number of sites elsewhere in the city where residential development could occur at a density of 10.8 du/ac; however, those sites do not offer the opportunity for redevelopment and infill development that this location affords. Nor would development of those available sites serve to promote the goals of the Community Redevelopment Agency and the Federal Highway Corridor Community Redevelopment Plan. CONCLUSZON$ / RECOMMENDATZON$ As indicated herein, this request is consistent with the intent of the Comprehensive Plan; will not create additional impacts on infrastructure that cannot be provided; will be compatible with adjacent land uses and will contribute to the overall economic development of the City. Therefore, staff recommends that the subject request be approved. If the Community Redevelopment Agency Board or the City Commission recommends conditions, they will be included within Exhibit "B". AI-I'ACH M ENTS S:\Planning\SHARED\WP\PRO.1ECT'S~Barr Property\LUAR 04-OO9\STAFF REPORT NEW.doc 7904 Barr Amendment LUAR 04-009 Location Map EXHIBIT A HDR 23rdAvenue ~ SHDR HDR REC / REC / / LRC HDR IDR LEGEND: LDR - Low Density Residential HDR - High Density Residential SHDR - Special High Density Residential REC - Recreation LRC - Local Retail Commercial 7905 360 180 360 Feet TO: FROM: TH ROUGH: DATE: PRO.1ECT NAME / NUMBER: Applicant: Agent: Owner: Location: File No: Property Description: Proposed change/use: DEVELOPMENT DEPARTMENT PLANNING & ZONING DZV]:SION MEMORANDUM NO. PZ 05-016 Chair and Members Community Redevelopment Agency Board and City Commission Eric Lee .lohnson, AICP C~.-~ Planner Michael W. Rumpf Director of Planning and Zoning February 1, 2005 Boynton Beach Lofts LUAR 05-003 PRO3ECT DESCR1'PTZON Mr. _lames A. Seifert / Addison Properties of South Florida, Incorporated Mr. Bradley D. Hiller, AICP / Hiller Land Planning Consultants, Incorporated Mr. Louis F. Nascia / Boynton Hotel, LLC. 623 South Federal Highway Land Use Amendment / Rezoning (LUAR 05-003) Partially developed property consisting of two (2) lots totaling 1.21 acres, classified Local Retail Commercial (LRC) land use and zoned Community Commercial (C-3). To reclassify the subject property from Local Retail Commercial (LRC) to Nixed Use (MX) and rezone from Community Commercial (C-3) to Mixed Use-Low (MU-L) Adjacent Land Uses and Zoning: North: Vacant commercial property classified Local Retail Commercial (LRC) land use and zoned Community Commercial (C-3); South: Developed commercial properties (offices) classified Local Retail Commercial (LRC) land use and zoned Community Commercial (C-3); 7906 Page 2 File Number: LUAR 05-003 Boynton Lofts East: Developed multi-family residential (Sterling Village) classified High Density Residential (HDR) land use and zoned Multi-family Residential (R-3); West: Recreation space (Pence Park) classified Recreational (R)land use and zoned Recreation (REC). EXECU'I'~VE SUMMARY Staff recommends approval of the requested land use amendment / rezoning for the following reasons: 1. The requested land use and zoning are consistent with the Comprehensive Plan and the Federal Highway Corridor Redevelopment Plan; 2. Adequate public facilities and infrastructure are in place and / or is anticipated in the future to serve the subject site and its corresponding project; 3. The requested change would help to further provide an economic contribution to both the neighborhood and to the City. PROPERTY OWNER NOTI'FI'CATI'ON Owners of properties within 400 feet of the subject conditional use were mailed a notice of this request and its respective hearing dates. The applicant certifies that they posted signage and mailed notices in accordance with Ordinance No. 04-007. PRO.1ECT ANALYSI'S A future land use map amendment can be defined as a change to the City's Comprehensive Plan that seeks to modify the text of the adopted goals, obiectives, and or policies contained within the Plan. Also, an amendment can be described as a change to the Future Land Use Map, which in turn, could change the list of permitted, conditional, or prohibited uses. Amendments to the Comprehensive Plan are divided into two (2) separate processes, namely large-scale and small-scale amendments. The applicable process is determined by the size of the parcel with the threshold being 10- acres. Also, if the amendment involves a residential land use, the density must be :LO dwelling units or less per acre. However, an exception to the density limitation is permitted if the property is in an area designated in the comprehensive plan for urban infill, urban redevelopment or downtown revitalization. According to the survey, the subject property totals 1.21 acres and is located in an area designated for urban redevelopment. Therefore, the subject request qualifies as a "small-scale" land use amendment. Small-scale text and map amendments do not require the State of Florida's Department of Community Affairs (DCA) to review for compliance with state and regional plans prior to its adoption by the City. This means that the proposed amendment, if desired by the city, would be adopted first, and then subsequently forwarded to the DCA for their records (generally "large-scale" amendments are not adopted until found to be "in compliance" by the DCA). Where a rezoning application 7907 Page 3 File Number: LUAR 05-003 Boynton Lofts would occur pursuant to an amendment to the Future Land Use Map, such as with this application, the two (2) applications shall be processed simultaneously as a single application. Therefore, "rezoning" shall be construed to include a "future land use map amendment". The proposed small-scale amendment / rezoning application is being reviewed concurrently with an accompanying request for site plan approval (NWSP 05- 008). The eight criteria used to review Comprehensive Plan amendments and rezonings are listed in Chapter 2, Section 9, Administration and Enforcement, 1'rem C. Comprehensive P/an Amendments: Rezoning$. These criteria are required to be part of a staff analysis when the proposed change includes an amendment to the Comprehensive Plan Future Land Use Nap. Whether the proposed land use amendment / rezoning would-be consistent with applicable comprehensive plan policies including but not limited to, a prohibition against any increase in dwelling unit density exceeding $0 in the hurricane evacuation zone without written approval of the Palm Beach County Emergency Planning Division and the City's risk manager. The planning department shall also recommend limitations or requirements, which would have to be imposed on subsequent development of the property~ in order to comply with policies contained in the comprehensive plan. The applicant proposes to develop the property with a mixed-use residential / retail / office building. The project proposes a total of 48 dwelling units, which is under the 50 dwelling unit threshold outlined in Policy 1.12.1. Also, the subject property is located on the west side of Federal Highway, which is outside the evacuation zone, and therefore not subject to Palm Beach County Emergency Planning Division review and approval. Policy 1.13.3 states, "the City shall cont/nue to encourage /nfl// development and redevelopment by implementing act/ons of the Boynton Beach 20/20 Redevelopment Master P/an, and the po#des conta/ned in the Coastal Nlanagement Element." On Nay 15, 2001, the City Commission approved the implementation of the Federal Highway Corridor Community Redevelopment Plan and the Nixed-Use Low zoning category. This plan was created as one of the redevelopment plans recommended by the Boynton Beach 20/20 Redevelopment Haster Plan. The subject property is located within the boundaries of Federal Highway Corridor Study Area IV. The Study Area allows for the Mixed-Use land use designation and Mixed-Use Low zoning category. The property owner's intent is a proposed mix of uses (residential, retail, office), all of which would be permitted in the Mixed Use-Low zoning district. Whether the proposed rezonin9 would be contrary to the established land use pattern, or would create an isolated district unrelated to adjacent and nearby districts, or would constitute a grant of special privilege to an individual property owner as contra~ with the protection of the public we/fare. 7908 Page 4 File Number: LUAR 05~003 Boynton Lofts Parcels that front on the west side of Federal Highway in this portion of the Federal Highway Corridor are generally designated with the Local Retail Commercial (LRC) land use classification and zoned Community Commercial (C-3). On the east side of Federal Highway, the predominant land use near the subject property is generally residential with varying densities (i.e. High Density Residential, Low Density Residential) and their corresponding zoning districts (Multi-family Residential, R-l-AA). In fact, High Density Residential (HDR) land use and Multi-family Residential (R-3) zoning is designated for the multi-family complex (Sterling Village) directly east of the subject property at a density of :[8.6 dwelling units per acre with a total of 840 units. In the future, staff anticipates that where eligible, property owners located within the boundaries of the Community Redevelopment Agency area would eventually request zoning changes in favor of the Mixed-Use Low district when the market demands higher intensities consistent with the City's initiatives for urban infill and redevelopment. In fact, the Gulfstream Lumber property, located on the northwest corner of Woolbright Road and Federal Highway was recently reclassified to Mixed-Use (MX) land use and rezoned to Mixed-Use Low (MU-L). It should be noted that both the Gulfstream Lumber property and the subject property are located within the same study area (Area IV) of the Federal Highway Corridor Redevelopment Plan. Also, a land use amendment and rezoning change was already approved for the Arches project, located just 1,000 feet north of the subject lots. The lots assembled for the Arches project were recently reclassified to Mixed-Use Core (MX-C) land use and zoned Mixed-Use High (MU-H). The only difference between the two scenarios is the Arches project is located in Federal Highway Corridor Study Area V. in any event, these types of land use and zoning changes, including the subject request, are consistent with the City's redevelopment plans and would not grant special privilege to an individual property owner as contrasted with the protection of the public welfare. The requested amendment would not create an isolated or unrelated district and would help to create a better transition to the residential neighborhood to the east. c. Whether changed or changing conditions make the proposed/and use amendment / rezoning desirabIe. The changing conditions make the proposed land use amendment and rezoning desirable. The Federal Highway Corridor Community Redevelopment Plan recommended the changes of zoning categories within Planning Area iV in order to create a desired appearance of a neighborhood which, being adjacent to the downtown core area is a gateway to the city. The recommendations were also aimed at promoting urban infill by eliminating one-story commercial and automobile-oriented (i.e. drive-thru) types of uses. Any redevelopment activities in Planning Area iV consistent with the above objectives would support increasing developers' interest in the downtown core area. Whether the proposed use would be compatible with utility systems, roadways, and other public facilities. 7909 Page 5 File Number: LUAR 05-003 Boynton Lofts The property was previously developed as a 21-room motel and therefore, utility systems such as potable water and sanitary sewer lines have already been constructed to the subject site. Utilities staff acknowledges that the proposed land use / rezoning change would increase the development potential of the subject site and in turn, would impose additional demand upon city infrastructure. However, increases in demand for potable water (22,981 gpd) would be accomplished via the planned purchase of up to 5 million gallons of potable water per day (for the next 5 years) from Palm Beach County Utilities. Local piping and infrastructure improvements may be required and would be addressed during permit review. The local improvements would be the responsibility of the site developer. Sufficient wastewater treatment capacity is currently available to serve the projected demands (11,629 gpd) of the project if the land use / zoning change were approved. The applicant would be required to make a firm reservation of capacity, following approval of a site plan. Drainage will be reviewed in detail as part of the review of the site plan, and must satisfy all requirements of the city and local drainage permitting authorities. On January 19, 2005, the Palm Beach County School District reviewed and approved the request for 48 multi-family dwelling units. The District's concurrency determination is valid for one year (until January 19, 2006), unless building permits are issued, in which case the concurrency determination would be valid for the life of the development order. The applicant submitted a traffic study and it was forwarded to the Palm Beach County Traffic Division for their review and approval. The Traffic Division reported that the proposed land use / zoning change, which is being processed concurrently with the site plan, proposes a mixed-use project that would generate an additional 60 new morning peak hour trips and 119 evening peak hour trips. The residential portion of the proposed mixed-use development is exempt from the Traffic Performance Standard review because the project is located within the county designated Coastal Residential Exception Area. Furthermore, the non-residential portion of the proposed project meets the Traffic Performance Standards of Palm Beach County. No building permits are to be issued by the City after the 2008 build-out date. Police and Fire staff reviewed the accompanying site plan and determined that current staffing levels would be sufficient to meet the expected demand for services. However, it should be noted that the influx of new development in the downtown area will begin to have an impact on police and fire services, thereby ultimately increasing the demand for additional personnel and equipment to balance the increase in population and non- residential uses in the city. Whether the proposed land use amendment / rezoning would be compatible with the current and future use of adjacent and nearby properties, or would affect the property values of adjacent or nearby properties, The proposed land use amendment / rezoning would be compatible with the current and future use of properties located to the north, south, east, and west of the subject property in accordance with the vision for the corridor as represented by the redevelopment plan. There are no indications that the proposed amendment / rezoning 7910 Page 6 File Number: LUAR 05-003 Boynton Lofts would have negative impact on property values. In fact, the applicant states that "this (accompanying) project is anticipated to increase land values in the area by promoting the use of these new categories". Staff concurs. It would help to improve the overall character of the area and provide neighborhood serving retail and office uses to area residents. The accompanying site plan's proposed uses (retail, office, residential) have and will continue to occur on-site and within the neighboring properties. Whether the property is physically and economically developable under the existin9 zoning. The subject parcel was previously developed with commercial uses under the current zoning district. However, the one (1)-story motel is not the highest and best use of the site. Under the current zoning category, the C-3 zoning district allows for a residential density of 10.8 dwelling units per acre. However, this property, which is eligible for the Mixed-Use Low (MU-L) zoning category, would allow a residential density of up to 40 dwelling units per acre. The proposed zoning change would allow for greater flexibility in terms of use, density, setbacks, parking, and height. Whether the proposed land use amendment / rezoning is of a scale which is reasonably related to the needs of the neighborhood and the city as a whole. The site could be an example of the type of redevelopment and infill project that will help to underpin the redevelopment efforts in the Federal Highway Corridor by promoting the desired mix of uses and appearance consistent with the recommendations of the redevelopment plan. The existing property and proposed structure (shown in the site plan) is a compact unit of appropriate scale based on the corridor plan and the desire to gradually step down the height of buildings (from 150 feet) allowed in the IVlixed-Use Core (MX-C) land use and Mixed-Use High (MU-H) zoning district. The proposal is consistent with the densities and development regulations established by the mixed use land use and zoning categories. This site and its project characteristic are consistent with Objective 1.13 that discourages urban sprawl by creating a compact urban area within the City and City's utility service areas. h. Whether there are adequate sites elsewhere in the city for the proposed use, in districts where such use is a/ready allowed. There are other vacant commercial sites that would likely accommodate the proposed uses. However, the proposed redevelopment of the subject site has the benefits of promoting the city's development and redevelopment objectives as stated in the Comprehensive Plan and downtown redevelopment plans. The Mixed-Use Low zoning district was adopted in summer 2002, in order to implement redevelopment in the Federal Highway Corridor. It is more difficult to redevelop a site rather than develop a vacant site. Therefore, redevelopment efforts should be embraced because to do so, would be consistent with many of the Objectives in the Comprehensive Plan and their subordinate policies. This current application would represent the third request for reclassification to the aforementioned land use designation and zoning district. 7911 Page 7 File Number: LUAR 05-003 Boynton Lofts CONCLUS1'ON / RECOMMENDATI'ON$ As indicated herein, the requested land use amendment and rezoning are consistent with the intent of the Comprehensive Plan; would not create additional impacts on infrastructure that cannot be served by existing capacities; would not be incompatible with adjacent land uses; would further the corridor redevelopment plan and will contribute to the overall economic development of the City. Therefore, staff recommends that the subject request be approved. Tf conditions of approval are recommended by the Community Redevelopment Agency Board or required by the City Commission, they will be included as Exhibit "C'- Conditions of Approval. S'~Plannlng\SHARED\WP\PROJECTS~Boynton LoltskLUAR 05-003\StaffReport doc 7912 Boynton Lofts LUAR 05-003 SE 5th Ave ._~ ~1= fith Av,~_ u_ 0 37 5 75 150 225 300 7913 N TO: THRU: FROM: DATE: PROJECT NAME/NO: REQUEST: DEVELOPMENT DEPARTMENT PLANNZNG AND ZON1~NG DZVZSZON MEMORANDUM NO. PZ 05-017 STAFF REPORT Chair and Members Community Redevelopment Agency and City Commission Michael Rumpf Planning and Zoning Director Eric Lee Johnson, AICP Planner February 2, 2005 Boynton Beach Lofts/NWSP 005-008 New Site Plan Property Owner: Applicant: Agent: Location: Existing Land Use: Existing Zoning: Proposed Land Use: Proposed Zoning: Proposed Uses: Acreage: Adjacent Uses: North: South: Mr. Louis F. Mascia / Boynton Motel, LLC Mr. James A. Seifert / Addison Properties of South Florida, Incorporated Mr. Bradley D. Miller, AICP / Miller Land Planning Consultants, Incorporated 623 South Federal Highway Local Retail Commercial (LRC) Community Commercial (C-3) Mixed Use (MX) Mixed Use-Low (MU-L) Office: 13,354 square feet Retail: 5,364 square feet Residential: 48 condominium units 52,542 square feet (1.21 acres) Vacant commercial property classified Local Retail Commercial (LRC) land use and zoned Community Commercial ((::-3); Developed commercial properties (offices) classified Local Retail Commercial (LRC) land use and zoned Community Commercial (C-3); 7914 Staff Report - Boynton Beach Lofts (NWSP 05-008) Memorandum No PZ 05-017 Page 2 East: Right-of-way for Federal Highway, then farther east is developed multi-family residential (Sterling Village) classified High Density Residential (HDR) land use and zoned Multi-family Residential (R-3); West: Right-of-way for Southeast 4TM Street, then farther west is an active park (Pence Park) classified Recreational (R) land use and zoned Recreation (REC). PROPERTY OWNER NOTZFICATZON Owners of properties within 400 feet of the subject conditional use were mailed a notice of this request and its respective hearing dates. The applicant certifies that they posted signage and mailed notices in accordance with Ordinance No. 04-007. BACK(~ROUND Proposal: Mr. Bradley Miller, AICP, agent for the property owner (Boynton Hotel, LLC) is requesting to develop a mixed-use project. The survey shows that the subject property is currently developed with a one (Z)-story motel building and related parking areas. The intent is to raze the existing building and redevelop the site with a single mixed-use building consisting of two (2) towers with an interior parking garage. The parking garage would be two (2) stories, the west tower would be five (5) stories, and the east tower, proposed along Federal Highway, would be six (6) stories. Approval of this project is contingent upon the approval of the accompanying request to amend the Future Land Use Hap and rezone (LUAR 05-003) the property from Community Commercial (C-3) to Mixed-Use Low (MU-L). The MU-L zoning district is appropriate for Iow to mid-rise development that provide for medium density residential uses. The district allows a maximum height of 75 feet (as a permitted use) and a residential density of 40 dwelling units per acre for mixed-use projects. The applicant submitted a request for height exception (HTEX 05-001) because as proposed, a portion of the building would exceed the 75-foot height threshold (see Exhibit "C" - Conditions of Approval). As of today, this project represents the third "mixed-use" type of development for the City within the newly created MU-L zoning district. The project is to be built within one (1) phase with an anticipated completion date of January of 2007. ANALYSIS Concurrency: Traffic: Generally, anticipated project traffic is generated by two factors, namely the proposed use and its intensity. Intensity is typically measured by the proposed building area (in square feet). The traffic study for the project was reviewed and approved by the Palm Beach County Traffic Division. Based on the Traffic Division's review, it has been determined that the residential portion of the proposed mixed-use redevelopment project is located within the Coastal Residential Exception Areas of Palm Beach County and the non-residential portion meets the Traffic Performance Standards of Palm Beach County. No building permits are to be issued after the build-out date of 2008 (see Exhibit "C" - Conditions of Approval). The County traffic concurrency approval is subject to the Project 7915 Staff Report - Boynton Beach Lofts (NWSP 05-008) Memorandum No PZ 05-017 Page 3 Utilities: Police/Fire: Drainage: School: Driveways: Aggregation Rules set forth in the Traffic Performance Standards Ordinance. The planned purchase of up to 5 million gallons of potable water per day from Palm Beach County Utilities would supply potable water for this project (projected to a total of 22,981 gallons per day). Local piping and infrastructure improvements may be required for the project, dependent upon the final project configuration and fire- flow demands. These local improvements would be the responsibility of the site developer and would be reviewed at the time of permitting. Sufficient sanitary sewer and wastewater treatment capacity is currently available to serve the project total of 11,629 gallons per day, subject to the applicant making a firm reservation of capacity, following approval of the site plan. Staff reviewed the site plan and determined that current staffing levels would be sufficient to meet the expected demand for services. However, it should be noted that the influx of new development in the downtown area will begin to have an impact on police and fire services, thereby ultimately increasing the demand for additional personnel and equipment to balance the increase in population and non- residential uses in the city. Conceptual drainage information was provided for the City's review. The Engineering Division is recommending that the review of specific drainage solutions be deferred until time of permit review (see Exhibit "C" - Conditions of Approval). The School District of Palm Beach County has reviewed the request and determined that adequate capacity exists to accommodate the projected resident children. The project can be characterized by "urban / infill" development whereby front building setbacks are minimal and off-street parking is relegated to a subordinate role. The plans show that a parking garage would provide for the off-street parking spaces and it is intentionally proposed as a hidden structure within the core of the project, unseen from the roadways. Also, the project is not proposing traditional driveways and surface parking lots like "suburban"-type of projects (where driveways connect to off-street parking located in front of the buildings). The site plan shows that vehicles would enter the site from two (2) points of entry. Pursuant to staff's recommendation, the project proposes only one (1) point of egress. The main entrance is proposed on Federal Highway and the alternate is proposed on Southeast 4th Street. Although not scaled, the vehicular entrance proposed on Federal Highway would be nearly 12 feet in width. The drive aisle, which would be separate from the pedestrian entrance, would run in an east-west direction and connect to the interior parking garage. This entrance would also provide an alternate means of emergency ingress to the interior parking garage should the other opening be obstructed. This opening would not violate the NU-L regulations (to discourage mid-block openings) because the intent of the code was to discourage the typical off-street surface parking lots located in front of buildings visible from the roadway; a common characteristic of suburban-type projects. The proposed parking areas are interior to the site and will be discussed in the following section of this staff report. The subject property is a mid-block lot. Had it been located on a corner, staff would have recommended against an opening onto 7916 Staff Report - Boynton Beach Lofts (NWSP 05-008) Memorandum No PZ 05-017 Page 4 Parking Facility: Landscaping: Federal Highway. As previously mentioned, the only point of egress would occur at the rear of the project, on Southeast 4TM Street. This opening, which would also serve as the alternate point of ingress, would be approximately 23 feet in width. As a point of egress, it would allow for only right-turn vehicular traffic movement onto Southeast 44th Street subsequent to the proposed right-of-way (storm water) improvements to the roadway. Off-street parking for the proposed MU-L zoning district must meet the requirements in Chapter 2, Section ! 1.H., of the Boynton Beach Land Development Regulations. The project proposes a mix of residential, retail, and office uses. One- bedroom apartment units require one and one-half (11/2) parking spaces. Two bedroom apartment units require two (2) parking spaces. The project proposes 48 dwelling units (a mixture of one and two bedrooms), requiring 85 parking spaces. Retail uses proposed within mixed-use projects require one (1) parking space per 200 square feet of gross leasable floor area. For this project, a total of 26.8 parking spaces would be required for the retail uses. Office uses require one (1) parking space per 300 square feet of gross floor area. The project proposes 13,354 square feet of office and therefore, would require 44.5 parking spaces. In conclusion, under these standardized parking methodologies, a total of 156 parking spaces would be required. However, the project would only provide a grand total of 119 parking spaces, a deficiency of 37 spaces. Because the applicant is simultaneously requesting to rezone the property from Community Commercial (C- 3) to the Mixed Use-Low (MU-L), the project would be permitted to utilize the Urban Land Institute's (ULI) Shared Parking Table methodology as a basis for calculating the required number of off-street parking spaces. Therefore, based on the Shared Parking Table, the proposed uses and their respective building areas would require a grand total of ::[16 parking spaces. No on-street parking spaces are proposed for this development. As previously mentioned, the plans propose a two (2)-story parking garage, internal to the development. The garage would be nestled between the five (5)-story tower along Southeast 4th Street and the six (6)-story tower fronting on Federal Highway, and would accommodate up to 119 vehicles. According to the 1~t Floor Plan, a total of 44 parking spaces are proposed on the ground floor. Level 2 would provide the remaining 75 spaces. Parking space dimensions would conform to code requirements of nine feet by eighteen feet for 90-degree parking stalls and twelve feet by eighteen feet for handicap spaces In conclusion, the parking garage would provide 119 parking spaces or an excess of three (3) spaces when the ULI Shared Parking Table methodology is utilized. However, it should be noted that the parking could be negatively impacted in the future if the applicant requests medical offices within area designated for "office" use. Medical offices would require additional parking; to be calculated at a ratio of one (1) space per 200 square feet. 7917 The landscape plan shows that 80 palm trees are proposed, of which, 62% would be native species. It also indicates that over 81% of the canopy trees would be native. The landscape plan also proposes 1,674 shrubs / hedges / accents, of Staff Report - Boynton Beach Lofts (NWSP 05-008) Memorandum No PZ 05-017 Page 5 which, 66% would be native species. The HU-L zoning district requires that at least 20% of the property remains as pervious area. The cover sheet tabular data indicates that the total pervious area would equal !0,519 square feet or 20% of the site. According to the Existing Tree Table, the subject site currently contains 44 existing trees with a total of 124 caliper inches to mitigate. The species consist of the following trees: Rubber Tree, Live Oak, Mango, Sabal palm, Queen palm, and Coconut palm trees. According to the table, 2! trees would remain on-site. The plant material proposed along Federal Highway within the front landscape buffer would be the following: Medjool, Foxtail, and European Fan palms in conjunction with Trinette, Bouganvillea, and Boston Fern groundcover. The applicant originally proposed Royal Palm trees instead of Foxtail palm trees within this front buffer. However, during the review process, it was determined that Royal palm trees would not be permitted due to the presence of overhead FP&L lines running along the sidewalk. Nonetheless, staff recommends installing two (2) additional Foxtail Palm trees within the front landscape buffer. Also, staff recommends increasing the size of the public space in front of the building along Federal Highway without jeopardizing compliance with the 20% required pervious space and the zoning district's maximum setback requirements (see Exhibit "C" - Conditions of Approval). Generally, the north and south landscape buffers would be similar in terms of width, plant quantity, and plant species. The intent of these buffers primarily, is to soften the look of the parking garage while counting towards the minimum amount of pervious area. Shade and palm trees are proposed within these buffers with foundation landscaping installed in a serpentine arrangement. The plant species proposed within both buffers would include the following: Laurel Oak, Sabal palm, Ixora "Nora" Grant, Redtip Cocoplum, and Silver Buttonwood hedges, and Fakahatchee Grass. The Sabal palm trees would be installed in a group of five (5), at varying heights (between 12, !5, and !8 feet of grey wood). Staff recommends that the new clusters of Sabal palms proposed at the southeast, southwest, and northwest corners be install at varying heights between !4 feet to 22 feet (see Exhibit "C" - Conditions of Approval). The landscape buffer proposed along Southeast 4TM Street would be minimal in depth, intended primarily to soften the streetscape. The plant material would include the following: Xanadu, Ti plant, Pygmy date palm, Bougainvillea, Tibouchina. No trees are proposed within this buffer. Therefore, staff recommends reducing the width of the awnings and installing IVlontgomery or Alexander palm trees !4 feet to !6 feet in height within the planter spaces between the doorways and breaks between the windows (see Exhibit "C" - Conditions of approval). 7918 The Pool Area detail shows that landscape material is proposed on the recreation deck above the parking garage. The plans show that a diverse group of plants and trees are proposed on this deck to soften the hardscape environment while Staff Report - Boynton Beach Lofts (NWSP 05-008) Memorandum No PZ 05-017 Page 6 Building and Site: providing a more tranquil space for the urban dwellers. The plant species include the following: Coconut palm, Ti plant, Cassia, Boston Fern, .lapanese Fern, and Purple Crinum. Building and site design as proposed would generally meet code requirements when staff comments are incorporated into the permit drawings. The maximum allowed and proposed project density would be 40 dwelling units per acre. As previously mentioned, the existing motel building would be replaced with the proposed five (5) to six (6)-story mixed-use building. The depth of the parcel extends westward from Federal Highway to Southeast 4th Street. Likewise, the building would encompass the depth of the entire block, which means that it would essentially have two (2) "front" building facades, one that faces Federal Highway, the other, Southeast 4th Street. The taller of the two front facades (six-stories) would front on Federal Highway. The smaller tower (five-stories) would face Southeast 4th Street. These towers are connected together with an internal parking garage. The rvIU-L zoning district allows for a maximum height of 75 feet. Proposed building heights greater than 75 feet but less than 100 feet are reviewed as conditional uses. The elevations show that the roofline of the building would range from 68 feet to 75 feet in height, which is permitted under the limitations of the zoning district. However, the top portion of an emergency stairwell proposed on the east tower would be 78 feet - two (2) inches in height. The applicant requested a height exception of three (3) feet - two (2) inches. The review of the height exception is discussed in an accompanying staff report (HTEX 05-001). As proposed, the project would require height exception approval rather than conditional use approval because the building height itself is lower than the 75-foot threshold. The building is proposed within close proximity of all the property lines in order to maintain compliance with the maximum setback requirements of the MU-L zoning district. The east (front) setback would vary but would be eight (8) feet - two (2) inches at its narrowest point and 23 feet - 10 inches at its widest point. The code requires the buildings to be close to the property line but to also allow for public gathering and pedestrian areas. Therefore, staff recommends increasing the amount of impervious surface in front of the building with brick-pavers to create more of a public space without jeopardizing compliance with the minimum required pervious surface (see Exhibit "C" - Conditions of Approval). Although the MU-L allows a zero (0) front setback, an additional 10 feet is required for every 50 feet of building height above the 45-foot threshold. When looking at the elevation and massing drawing, it appears as though the plans comply with this setback requirement. However, at the time of permitting, the applicant would be required to provide this necessary information on either of the aforementioned plans to ensure compliance with stepback requirements, prior to the issuance of a building permit. If it is determined that the plans do not comply, thereby necessitating a major reconfiguration of the building, then that reconfiguration may be subject to review by the Community Redevelopment Agency and City Commission (see Exhibit "C" - Conditions of Approval). 7919 The north (side) setback would range between two (2) feet - six (6) inches at its Staff Report - Boynton Beach Lofts (NWSP 05-008) Memorandum No PZ 05-017 Page 7 Design: narrowest point but would generally be 15 feet - two (2) inches from the south property line. Likewise, the building would be setback six (6) feet- nine (9) inches from the north property line at its narrowest point but would generally setback 14 feet - one (1) inch from the north property line. The building would be setback two (2) feet - four (4) inches from the west property line. Any awnings or balconies projecting over a pedestrian walkway should allow a nine (9) foot vertical clearance (see Exhibit "C" - Conditions of Approval). Generally defined, the Floor-Area-Ratio (F.A.R.) is a ratio between a project's total proposed floor area (for all levels) divided by the size of the parcel. The allowable F.A.R. for properties located within the MU-L zoning district and fronting on a major arterial, such as Federal Highway is between :[.5 and 2.0. This project's proposed F.A.R. would be 1.82. This figure excludes the parking garage area. The proposed building composition would be as follows: Residential- 61,035 square feet; Retail - 5,364 square feet; Office - 13,354 square feet; and Parking Garage - 47,921 square feet. The plans show that the interior parking and office / retail components would occur on the first and second floors only. The condominium units would occur on all subsequent floors. It should be noted that a recreation deck is proposed on top of the parking structure. According to the tabular data, the one (1)-bedroom and two (2)-bedroom units are proposed in a variety of styles and sizes. The smallest one (:[)-bedroom unit would be 824 square feet (under A/C) and the largest one (:[)-bedroom unit would be :[,038 square feet in area. The smallest two (2)-bedroom unit would be 990 square feet while the largest two (2)-bedroom unit would be 1,447 square feet. No provisions for screen enclosures are proposed on the balconies. The project proposes a service entry driveway off of Southeast 4th Street labeled as "hard trash area" on the site plan. Garbage trucks would enter the site at the northwest corner of the property and empty the single dumpster and compactor. This method of trash removal was reviewed and approved by the Public Works Department. With regards to building mass, the applicant states that the building was designed to minimize impact through the use of intermittent recesses (shadows) and by the use of balconies. According to the applicant, the end result would be a product that is an unusually attractive urban artifact. The :[st floor plan shows parking for bicycles would occur within the parking garage next to the parallel spaces behind the retail space (see Exhibit"C"- Conditions of Approval). Also noteworthy is that the project parking would be virtually hidden from ail views and is considered to be a subordinate, unobtrusive element of the plan. Vehicular traffic is contained and tamed within the internal framework of the project. The parking garage would be enclosed but would have decorative openings compliant with Florida Building Code. These openings would resemble large windows. Staff recommends utilizing aluminum grills within the openings to enhance their appearance (see Exhibit"C"- Conditions of Approval). '7920 The paint color schedule on the elevation sheets indicates that three (3) different Staff Report- Boynton Beach Lofts (NWSP 05-008) Memorandum No PZ 05-017 Page 8 colors would be used. The paints would be Sherwin Williams Peace Yellow 2857, Caribbean Coral 2854, and Sage 2860. The project also proposes black canvas awnings at street level. Decorative light fixtures would also be placed on the building edifice at street level, where possible. A general intent of Chapter 9 (Community Design Plan) is to ensure that buildings achieve visual unity of character and design concepts, in part, through the use of building colors. However, there are no established noteworthy building colors or architectural themes within the immediate area with which this project should be compatible. Located more than three (3) blocks north of the subject site, the Arches project (NWSP 03-002) is to be painted with multiple colors; some of which would be similar to the colors proposed in this project. Therefore, the proposed colors for this site plan would not be inappropriate, incompatible, or obtrusive. However, staff recommends adding architectural elements and accents to all facades to enhance the overall appearance of the building (see Exhibit "C" - Conditions of Approval). Signage: Minimal project detail regarding proposed signage was shown with this submittal. In the future, the applicant intends to submit a sign program but for now, the signage would consist of 10-inch tall black foam letters. A note indicates that the style would be "unique to each tenant and in a Art Deco type faced". The letters would be mounted to wall area and secured with silicon adhesive. As presented, the elevations are incomplete when referring to project signage. Therefore, staff recommends utilizing a sign program for the entire project to ensure sustained continuity throughout the life of the project (see Exhibit "C" - Conditions of Approval). All project signage shall conform to the regulations as set forth in Chapter 9 (Community Design Plan) and Chapter 21 of the Land Development Regulations. RECOMMENDATION: Staff has reviewed this request and recommends approval, contingent upon the approval of the concurrent rezoning application, height exception request, and all items noted within Exhibit "C" - Conditions of Approval. Any additional conditions recommended by the Board or City Commission shall be documented accordingly in the Conditions of Approval. S:\Planning\SHARED\WP\PRO.1ECTS\Boynton Lofts\NWSP 05-008\Staff Report.doc 7921 Exhibit 'A'- Location Map 200 100 0 200 400 600 800 EXHIBIT "B" I! 7923 BOYNTON BEACH LOFT8 623 SOUTH FEDERAL HIGHWAY BOYNTON BEACH - Fl. 33455-4955 EXHIBIT "B" '1 I, c) 7924 BOYNTON BEACH LOFT8 623 SOUTH FEDERAL HIGHWAY DOYNTON BEACH - Fl_ 35435-4935 EXHIBIT "B" 7925 I I I I BOYNTON BEACH - FL 33435-4935 EXHIBIT "B" 7926 P ~_pro)e04\04-~§6 BBL\CD s/Bi3L A00 dwg, L~¥OU '~ 01~Z1/200~ 1029 13 AM ~ BOYNTON BEACH LOFTS EXHIBIT "B" 7927 p ole04~04 166 BBL~CD$\BBL A300 BOYNTON BEJ~CH LOFTS BOIff4TON BEACH - FL 33435-4955 EXHIBIT "B" II J Il II J Jl II JlJl ~!I ,t.,ll,,lj ~ ~ -...- i 7928 BOYNTOil BEACH L~8 BOSTON BEACH - ~ 35455-4955 rl [] EXHIBIT : [ IIIIIII[III[[[[[[I[[I ~ iiiiiiii.iiliiiiFiii ! , t ' 'I I'i } I III ~=~:~: :~ ~ ~ - ill: ~,. : ,,,,,,.,.. ~ ~ ~ ~ ~ i lllllililllllllllllill :r ~ lilt i , ,i : l ,[, t., ,1ttt ~ :, ,tI I,,, ...i,, ,, [,t-,,.i ,,,t ::~,z ,~ : t,, :, , Ill:: ~ .i.l l:~. .: :1 ~: 1 ,:. t ,, : · ,, II II : I: :,:1 ,:, I ..,,., Il ~ ~ ~i~" "':~': ~'::'~':~:" I .... t 7929 ~ · 'm Z C:\DOCL EXHIBIT "C" Conditions of Approval Project name: Boynton Beach Lofts File number: NWSP 05-008 Reference: 2nd review plans identified as a New Site Plan with a January 18, 2005 Planning and Zoning Department date stamp marking. DEPARTMENTS INCLUDE REJECT PUBLIC WORKS - General Comments: I. Prior to permit application contact the Public Works Department (561-742- 6200) regarding the storage and handling of refuse per the CODE, Article II, Section 10-26 (a). 2. At the time of permitting, provide a detail of the interior of the compactor storage room showing compactor guide and stops. PUBLIC WORKS - Traffic Comments: ENGINEERING DIVISION Comments: 3. Full drainage plans, including drainage calculations, in accordance with the LDR, Chapter 6, Article IV, Section 5 will be required at the time of permitting. 4. 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. UTILITIES Comments: 5. Palm Beach County Health Department permits may be required for the water and sewer systems serving this project (CODE, Section 26-12). 6. Fire flow calculations will be required demonstrating the City Code requirement of 1,500 g.p.m. (500 g.p.m, some residential developments) with 20 p.s.i, residual pressure 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(b)). 7930 COA.doc 02/02/05 2 DEPARTMENTS INCLUDE REJECT 7. The LDR, Chapter 6, Article IV, Section 16 requires that all points on each building will be within 200 feet of an existing or proposed fire hydrant. Please demonstrate that the plan meets this condition, by showing all hydrants. 8. 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 seven (7) days of site plan approval, whichever occurs first. This fee will be determined based upon final meter size, or expected demand. 9. 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. 10. 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. 11. The LDR, Chapter 3, Article IV, Section 3(P) requires a statement be included that utilities are available and will be provided by all other appropriate agencies. This statement is lacking on the submitted plans. 12. 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: 13. At the time of permitting, add an additional fire hydrant to the plans so that no more than 300 feet of road travel occurs between hydrants. 14. At the time of permitting, the site addresses shall be placed conspicuously on the front of the structure, so the numbers can be seen plainly Site addresses shall be placed conspicuously on the front of the structure, so the numbers can be from the street. Numbers used for residences shall be not less than four inches in height and shall be made of a durable and visible material. Numbers used for commercial and industrial buildings shall not be less than six inches in height. (City Ordinance Chapter 20 Section 16.). 7931 15. At the time of permitting, emergency access shall be provided at the start of a project and be maintained throughout construction per the Florida Fire Prevention Code, Section 3-5, and NFPA 241, (1996) Safeguarding COA.doc 02/02/05 3 DEPARTMENTS INCLUDE REJECT Construction, Alteration, and Demolition Operations, Section 5-4.3. POLICE Comments: None BUILDING DIVISION Comments: 16. 17. 18. 19. 20. 21. 22. The height and area for buildings or structures of the different types of construction shall be governed by the intended use or occupancy of the building, and shall not exceed the limits set forth in Table 500 of the 2001 FBC. It cannot be Type V construction as noted on plans. 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. Every building and structure shall be of sufficient strength to support the loads and forces encountered per the 2001 FBC, Section 1601.2.1 and Table 1604.1. Indicate the live load (psf) on the plans for the building design. Buildings three-stories or higher shall be equipped with an automatic sprinkler system per F.S. 553.895. Fire protection plans and hydraulic calculations shall be included with the building plans at the time of permit application. Add to all plan view drawings of the site a labeled symbol that represents the location and perimeter of the limits of construction proposed with the subject request. At time of permit review, submit signed and sealed working drawings of the proposed construction. Add to each 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 each building. 2001 FBC, Sections 11-4.1.2, 11-4.1.3, and 11-4.3. 23. Compliance with regulations specified in the Fair Housing Act regarding handicap accessibility is required (Federal Fair Housing Act Design and Construction Requirements, Title 24 CFR, Part 100.205). 7932 24. At the time of permit review, submit details of reinforcement of walls for the COA.doc 02/02/05 4 DEPARTMENTS INCLUDE REJECT future installation of grab bars as required by the Federal Fair Housing Act Title 24 CFR, Part 100.205, Section 3, Requirement #6. All bathrooms within the covered dwelling unit shall comply. 25. Identify within the site data the finish floor elevation (lowest floor elevation) that is proposed for the building. Verify that the proposed elevation is in compliance with regulations of the code by adding specifications to the site data that address the following issues: a. The design professional-of-record for the project shall add the following text to the site data. "The proposed finish floor elevation __. __ NGVD is above the highest 100-year base flood elevation applicable to the building site, as determined by the SFWMD's surface water management construction development regulations." b. From the FIRM map, identify in the site data the title of the flood zone that the building is located within. Where applicable, specify the base flood elevation. If there is no base flood elevation, indicate that on the plans. c. Identify the floor elevation that the design professional has established for the building within the footprint of the building that is shown on the drawings titled site plan, floor plan and paving/drainage (civil plans). 26. To properly determine the impact fees that will be assessed for the one-story clubhouse, provide the following: a. Will the pool/clubhouse/recreation building be restricted to the residents of the entire project only? b. Will there be any additional deliver/es to the site? c. Will there be any additional employees to maintain and provide service to the site? Please have the applicant provide the City with a copy of the letter that will be sent to the impact fee coordinator. To allow for an efficient permit review, the applicant should request that the County send the City a copy of their determination of what impact fees are required for the clubhouse. 27. 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. 28. A water-use permit from SFWMD 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. 29. 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. 7933 a. If the project is a multi-family project, the building number/s must be COA.doc 02/02/05 5 DEPARTMENTS INCLUDE REJECT provided. The building numbers must be the same as noted on the Commission-approved site plans. b. The number of dwelling units in each building. c. The number of bedrooms in each dwelling unit. d. The total amount paid and itemized into how much is for water and how much is for sewer. (CBBCO, Chapter 26, Article II, Sections 26-34) 30. At time of building permit application, submit verification that the City of Boynton Beach Parks and Recreation Impact Fee requirements have been satisfied by a paid fee or conveyance of property. The following information shall be provided: a. A legal description of the land. b. The full name of the project as it appears on the Development Order and the Commission-approved site plan. c. If the project is a multi-family project, the building number/s must be provided. The building numbers must be the same as noted on the Commission-approved site plans. d. The number of dwelling units in each building. e. The total amount being paid. (CBBCO, Chapter 1, Article V, Section 3(i)) 32. This structure meets the definition of a threshold building per F.S. 553.71(7) and shall comply with the requirements of F.S. 553.79 and the CBBA to the 2001 FBC, Sections 105.3.1 through 105.3.6. The following information must be submitted at the time of permit application: a. The structural inspection plan must be submitted to the enforcing agency prior to the issuance of a building permit for the construction of a threshold building; b. All shoring and re-shoring procedures, plans and details shall be submitted; c. All plans for the building that are required to be signed and sealed by the architect or engineers of record shall contain a statement that, to the best of the architect's or engineer's knowledge, the plans and specifications comply with the applicable fire safety standards as determined by the local authority in accordance with this section and F.S. Section 633. PARKS AND RECREATION Comments: 7934 33. As a condition of the issuance of a land development order for residential developments, the developer shall dedicate land, pay a fee in lieu thereof, or both, at the option of the city, for park and recreational purposes and COA.doc 02/02/05 6 DEPARTMENTS INCLUDE REJECT according to the standards and formula in Chapter 1, Article V in the Land Development Code. The preferred method for satisfaction of the Land Development Code is payment of a fee based on the following calculation: 48 Multi-family housing units ~ $656.00 per unit -- $31,488.00 34. At the time of permitting, submit detailed irrigation plans for right-of-way landscaping and site work improvements dunng the construction document permitting stage, for review and approval by the Parks Division staff. When proposing work in the public rights-of-way, show the location of any existing irrigation lines. In addition, if project proposes pavement on top of any existing irrigation lines, the contractor must encase said lines in PVC Schedule 40 sleeves to protect them from future damage. 35. At the time of permitting, provide as-built plans showing locations of irrigation lines in the rights-of-way to the Parks Division at the close of the construction contract. FORESTER/ENVIRONMENTALIST Comments: 36. The trees numbered 10, 33, 34, 36, and 38 are all mature native species of Live Oak that can be relocated by proper root pruning and moving the trees with proper equipment. 37. The irrigation system design should be low volume water conservation using non-portable water. 38. Turf and landscape (bedding plants) areas should be designed on separate zones and time duration for water conservation. 39. Trees should have separate irrigation bubblers to provide water directly to the root ball (Chapter 7.5, Article II Sec. 5. C.2.). PLANNING AND ZONING Comments: 40. Approval of this site plan is contingent upon the accompanying request for land use amendment / rezoning (LUAR 05-003) and Height Exception (HTEX 05-001 ). 41. At the time of permitting, on the cover sheet tabular data (sheet A000), substitute the words "variance requested" with "approved per HTEX 05-001" and correct the height to indicate 78 feet - two (2) inches. 7935 42. At the time of permitting, revise the Massing Model (sheet ILL-l) and other applicable sheets to accurately show the roofline of the proposed building. COA.doc 02/02/05 7 DEPARTMENTS INCLUDE REJECT 43. At the time of permitting, revise the Massing Model (sheet ILL-l) or elevations to indicate building stepback compliance of the MU-L zoning district when structures are above the 45-foot threshold. 44. The project meets the Traffic Performance Standards (TPS) of Palm Beach County. However, no building permits may be issue after the build-out date of 2008 without review and approval of the Traffic Division of Palm Beach County. 45. A unity of title may be required. The Building Division of the Department of Development will determine its applicability. 46. Abandonment and rededication of easements must be recorded prior to issuance of a building permit for the project. 47. On the landscape plan, ensure that the plant quantities must match between the tabular data and the graphic illustration. 48. At the time of permitting, on the elevations, show the locations, dimensions, color(s), and type of all proposed wall signage (Chapter 4, Section 7.D.). Submit a master sign program that shows the number, location, dimensions, exterior finish, and color(s) of all signs (Chapter 2, Section 5.H.9.). The sign program would address all types of signs, including commercial wall signs, identification signs, residential subdivision signs, freestanding monument signs, canopy signs, way-finding signs, directional signs, and all other signs (including a directional sign indicating location of bicycle parking) as regulated by Chapter 21 of the Land Development Regulations. All proposed signage shall be designed and treated as part of the architecture of the building and color(s) shall be complimentary to the structure on which they are located. No sign permits may be issued until the sign program is approved by staff. 49. Feature lighting emphasizing plants, trees, barriers, entrances, and exits is encou~-aged (Chapter 9, Section 10.F.3.). 50. Lighting may be used to illuminate a building and its grounds for safety purposes and to enhance its beauty. However, the visual effect shall be subtle (Chapter 9, Section 10.F.4.). Lighting shall not be used as a form of advertising in a manner that draws more attention to the building or grounds at night than in the day (Chapter 9, Section 10.F.5.). At the time of permitting, staff recommends adding architectural lighting to enhance the project. 51. Any awnings or balconies that project over a pedestrian walkway shall provide a vertical clearance of nine (9) feet (Chapter 2, Section 5.F.5.). 7936 52. Staff recommends increasing the size of the new Sabal palm tree clusters proposed at the southeast, southwest, and northeast comer at varying heights COA.doc 02/02/05 8 DEPARTMENTS INCLUDE REJECT between 20 feet and 28 overall feet. 53. Staff recommends installing 14-foot to 16-foot tall Montgomery or Alexander palm trees within the west landscape buffer (in the planter areas) proposed between the doorways and the breaks in the window. 54. Staff recommends installing more brick-pavers within the front plazas in order to increase the size of pedestrian / public gathering space, thereby meeting the intent of the MU-L zoning district. In any case, staff determined that there would still be enough room to install two (2) additional Foxtail palm trees within this plaza along Federal Highway. The Foxtail palm trees should be installed at a height of 18 feet to 20 feet. 55. Staff recommends utilizing aluminum framework inside the "window" openings of the parking garage in order to enhance their appearance. 56. Staff recommends adding more architectural elements and accents to all facades to enhance the overall appearance of the building. COMMUNITY REDEVELOPMENT AGENCY Comments: 57. To be determined. ADDITIONAL CITY COMMISSION COMMENTS: Comments; 58. To be determined. MWRJelj S:\Planning\SHARED\WP\PROJECTS~Boynton Lofts\NWSP 05-008\COA,doc 7937 DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Boynton Beach Lofts AGENT: Mr. Bradley D. Miller, AICP / Miller Land Planning Consultants, Incorporated AGENTS ADDRESS: 298 Pineapple Grove Way Delray Beach, FL 33444 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: February 15, 2005 TYPE OF RELIEF SOUGHT: Request new site plan approval to construct a mixed-use project consisting of 48 dwelling units, 5,364 square feet of retail, 13,354 square feet of office, and a two (2) level parking garage on a 1.21-acre parcel in the Mixed-Use Low Intensity zoning district. LOCATION OF PROPERTY: 623 South Federal Highway DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. THIS MATTER came before the City Commission of the City of Boynton Beach, Florida appearing on the Consent Agenda on the date above. The City Commission hereby adopts the findings and recommendation of the Community Redevelopment Agency 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, ~nembers of city administrative staff and the public finds as follows: Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. The Applicant HAS HAS NOT established by substantial competent evidence a basis for the relief requested. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "C" with notation "Included". The Applicant's application for relief is hereby ~ GRANTED subject to the conditions referenced in paragraph 3 hereof. DENIED This Order shall take effect immediately upon issuance by the City Clerk. All further development on the property shall be made in accordance with the terms and conditions of this order. 7938 Other DATED: City Clerk S \Planning\SHARED\WP\PROJECTS\Boynton Lofts\NWSP 05-008\DO.doc TO: THRU: FROM: DATE: PRO.1 ECT NAME/NO: REQUEST: DEVELOPMENT DEPARTMENT PLANNZNG AND ZON:[NG DZVzSZON MEMORANDUM NO. PZ 04-258 STAFF REPORT Chair and Members Community Redevelopment Agency Board and City Commission Michael Rumpf Planning and Zoning Director Eric Lee Johnson, AICP Planner November 3, 2004 Barr Property / NWSP 04-013 New Site Plan Property Owner: Applicant: Agent: Location: Existing Land Use: Existing Zoning: Proposed Land Use: Proposed Zoning: Proposed Use: Acreage: Adjacent Uses: North: PRO3ECT DESCP.~PTLON Boynton Village, LLC. Boynton Village, LLC. Mr. John Barr / The Cornerstone Group, Incorporated On the east side of Northeast 4m Street, approximately 850 feet south of Gateway Boulevard (1801 Northeast 4m Street / see Location Map - Exhibit "A") High Density Residential (10.8 dwelling units per acre [du/ac]) (Boynton Mobile Home Park) Multi-family Residential (R-3) Special High Density Residential (SHDR - 20 du/ac) Planned Unit Development (PUD) 180 townhouse units 9.888 acres (430,728 square feet) '7939 Single-family development designated High Density Residential (HDR) and zoned Multi-family Residential (R-3). To the northeast is designated High Density Residential and zoned Planned Unit Development (PUD); Staff Report -Barr Property (NWSP 04-013) Memorandum No PZ 04-258 Page 2 South: Southwest is developed commercial (Youthland Academy of Boynton Beach) designated High Density Residential (HDR) and zoned Multi-family Residential (R-3); southeast is developed residential (Florida Four Seasons Manor ACLF) designated High Density Residential (HDR) and zoned Hulti- family Residential (R-3); East: Rights-of-way for the Florida East Coast (FEC) Railroad and North Federal Highway; and West: Right-of-way for Northeast 4TM Street, then farther west is developed Multi-family residential (4 Sea Suns Condominiums) designated High Density Residential (HDR) and zoned Planned Unit Development (PUD). PROPERTY OWNER NOT]F]:CAT~ON Owners of properties within 400 feet of the subject conditional use were mailed a notice of this request and its respective hearing dates. The applicant certifies that they posted signage and mailed notices in accordance with Ordinance No. 04-007. Site Characteristic: The subject site is comprised of multiple lots, resulting in an irregularly-shaped parcel, which totals nearly :[0 acres. The parcel is located on the east side of Northeast 4th Street and directly west of the Florida East Coast Railroad tracks. The property is currently developed with 1 :[0 mobile homes and their respective parking areas, however, only 94 of them are licensed. As indicated on the survey, a 12-foot wide FP&L easement traverses the center of the property, in a north-south direction. Also, the survey shows the locations of fences (along the property perimeters), the one (1) story clubhouse / swimming pool area and a boat storage area. The letter streets (i.e. "B" Street through "G" Street) are not platted rights- of-way and therefore, would not require abandonment. The highest ground elevation (15 feet) occurs along the west property line, at the northwest corner of the property. BACKGROUND Proposal: Mr. John Barr, representative for Boynton Village, LLC, is proposing a new site plan for 180 townhouse units. The townhouses units would not be fee-simple. Approval of this project is contingent upon the approval of the corresponding request for land use change and rezoning (LUAR 0409-009). Townhouses are permitted uses in the PUD zoning district. Under the Special High Density Residential land use category, the maximum allowable project density would consist of 197 dwelling units (density at 20 dwelling units per acre). The project proposes a total of :[80 dwelling units, which equals a density of :[8 dwelling units per acre. The entire project would be built in one (:[) phase. 7940 Staff Report -Barr Property (NWSP 04-013) Memorandum No PZ 04-258 Page 3 ANALYSTS Concurrency: Traffic: A traffic statement was sent to the Palm Beach County Traffic Division for concurrency review in order to ensure an adequate level of service. The Palm Beach County Traffic Division has determined that the proposed residential project is located within the designated Coastal Residential Exception Areas of the county, and therefore meets the Traffic Performance Standards of Palm Beach County. However, the applicant provided a traffic analysis based on only :152 units, not :180 units. Therefore, an updated traffic analysis is required and must be approved by the County prior to the issuance of any building permits (see Exhibit "C" - Conditions of Approval). Furthermore, no building permits are to be issued by the City, after the 2007 build-out date. The County traffic concurrency approval is subject to the Project Aggregation Rules set forth in the Traffic Performance Standards Ordinance. Utilities: The City of Boynton Beach is proceeding with plans for the purchase of surplus potable water from Palm Beach County Utilities, via existing interconnection points, to supplement its current capacity. This purchase agreement will be in effect within a few months and will provide sufficient capacity to serve this project as it relates to potable water. Sufficient sanitary sewer and wastewater capacity is currently available to serve this project, subject to the applicant making a firm reservation of capacity, following approval of the site plan. Police ! Fire: Staff reviewed the site plan and determined that current staffing levels would be sufficient to meet the expected demand for services. Drainage: Conceptual drainage information was provided for the City's review. The Engineering Division has found the conceptual information to be adequate and is recommending that the review of specific drainage solutions be deferred until time of permit review. All South Florida Water Management District permits and other drainage related permits must be submitted at time of building permit (see Exhibit "C'- Conditions of Approval). School: The School District of Palm Beach County has reviewed the request and determined that adequate capacity exists to accommodate 152 dwelling units. However, the School District was not given complete information. Therefore, prior to the issuance of any building permits, the School District must approve the project for 180 dwelling units (see Exhibit "C" - Conditions of Approval). Driveways: 7941 The project proposes one main (1) point of ingress / egress to the subject site. This point would be located on Northeast 4t~ Street. The site plan (sheet SP1) shows that each lane for ingress and egress would be 11 feet in width. This egress lane would allow for both right and left (north and south) turning movements on Northeast 4m Street. It should be noted that another access point is also proposed along Northeast 4th Street. However, this alternate access point would only be used for emergency vehicles in case the main point of ingress / egress is obstructed. Staff Report -Barr Property (NWSP 04-013) Memorandum No PZ 04-258 Page 4 Parking Facility: Landscaping: 7942 The surface of this access point would be comprised of stabilized sod. To prevent vehicles from entering or exiting, it would be gated and secured with a Knox Box (see Exhibit"C'- Conditions of Approval). No residents or guests would be able to use this alternate entry / exit on Northeast 4th Street. The private streets, internal to the development, would conform to current engineering standards. The street pavement would be 24 feet in width, not including the 2-foot wide valley-gutters and 4-foot wide grassy swale areas. All internal roadways would accommodate two (2) -way traffic movements. Two (2) and three (3) bedroom dwelling units require two (2) parking spaces per unit. The project proposes a mix of two (2) and three (3) bedroom units for a total of 180 dwelling units. A recreation / clubhouse area is also proposed. Therefore, based on the above referenced number of units and the amenity, the project requires a total of 365 parking spaces. The site plan shows that each unit would have a one (1)-car garage, which would thus equate to 180 parking spaces. In addition, each unit would have enough room to park one (1) vehicle in the driveway (itemized as "tandem parking" on the site plan tabular data), which in turn, would equate to another180 parking spaces. Finally, the plan proposes 38 off-street parking spaces. Combined, the site plan would provide for a total of 398 parking spaces or an excess of 33 parking spaces. According to the Typical Handicapped & Standard Parking Detail, the 90-degree parking stalls would be dimensioned nine (9) feet in width by 18-feet in length. The handicap parking spaces would be dimensioned 12 feet in width (with an extra 5-feet of striping) and 18 feet in length. The Tree Disposition Plan (sheet TD-2) indicates that there are a total of 188 existing trees on-site. The plan indicates that 155 trees would be removed and mitigated; the remaining trees would be relocated. The tree species to be relocated would be the following: Sabal palm, Frangipani, Coconut palm, Queen palm, Gumbo Limbo, Christmas palm, Royal Poinciana, and Royal palm. According to the site plan tabular data (sheet SP1), the proposed pervious area would equal 3.6 acres or 33.43% of the site. The Plant List (sheet L-2) indicates that 381 of the 494 trees (77%) of the trees would be native while 3,427 of the 4,241 or 80% of the shrubs would be native. Likewise, 2,090 or 51.3% of the 4,071-groundcover plants would be native. This meets the intent of Chapter 7.5, Article II, Section 5.P of the Land Development Regulations. The site plan (sheet SP1) shows that the western landscape buffer would be 40 feet in width. The Northeast 4th Street Landscape Elevations (L-4) show that a five (5) foot high perimeter fence (with 6-foot high decorative columns) is proposed within this buffer, which would be installed close to and running parallel with the west property line. The perimeter plantings along the fence and property line would include staggered rows of Live Oak and Satinleaf shade trees. The Satinleaf would be 12 feet in height at the time of installation; the Live Oak trees would be 14 feet in height at the time of installation. A row of Redtip Cocoplum hedges and Beach Dune Sunflower plants would be installed along the outside of the fence. Simpson Stopper trees are also proposed within this east landscape buffer, to be Staff Report -Barr Property (NWSP 04-013) Memorandum No PZ 04-258 Page 5 Building and Site: installed on the inside of the fence. The development's front entrance (shown on sheet L-3) would be heavily landscaped with an array of trees, hedges, and groundcover. The plant material would include the following: 440 Imperial Blue Plumbago, 40 Redtip Cocoplum, 20 Cardboard Zamia, 160 Blueberry Flax Lily, seven (7) Hibiscus trees, six (6) Ligustrum trees, four (4) Purple Glory trees, six (6) Montgomery palm trees, and eight (8) Royal palm trees. The width of the south side landscape buffer would vary. ]:t would be approximately three and one-half (3-1/2) feet in width at its narrowest point but 20 feet in width at its widest point. The landscape plan (sheet L-2) shows that a row of Gumbo Limbo trees and Redtip Cocoplum hedges are proposed within the entire buffer. Three (3) Live Oak trees are 'proposed at the southwest corner of the property. Staff recommends that the species be switched so that three (3) Gumbo Limbo trees are proposed at the southwest corner of the property and that the Live Oaks are proposed in a row within the length of the buffer (see Exhibit "C" - Conditions of Approval). The rear (east) landscape buffer, adjacent to the railroad tracks would be 20 feet in width. This buffer would include a six (6) foot high C.B.S. wall, a row of Redtip Cocoplum hedges (installed on the inside of the wall), and a row of Green Buttonwood trees. The Green Buttonwood trees would be installed 20 feet apart, which exceeds the minimum code requirement. The side (north) landscape buffer would be 20 feet in width. This buffer would include a six (6) foot high C.B.S. wall, a row of Firebush, and a row of Gumbo Limbo trees (installed on the inside of the wall). The Typical Landscape Plans for each building (sheet TU-1) show that Ixora Nora Grant shrubs and Montgomery palm trees would be placed in front of each building. Redtip Cocoplum hedges would be placed along the sides and rear of the buildings, in particular, in those areas to help screen the at-grade air conditioning units. As previously mentioned, the applicant is requesting to rezone the property to the PUD zoning district with a density of 18 dwelling units per acre. The maximum density allowed by Special High Density Residential land use classification is 20 dwelling units per acre. The 180 dwelling units are proposed within 15 separate buildings on the 9.88-acre site. Each building would contain a varying number of dwelling units, ranging from eight (8) units to 14 units. The unit plans (sheet A. 13.0 through sheet A. 16.0) show the size of each unit, ranging from 1,356 square feet to 1,879 square feet of "under roof area". ?943 The PUD zoning district allows buildings to reach a maximum height of 45 feet, however, a lesser height could be imposed if compatibility with the adjacent properties would be in jeopardy. The project proposes four (4) types of buildings, all of which, would be 3-stories tall. These buildings would be slightly over 35 feet Staff Report -Barr Property (NWSP 04-013) Memorandum No PZ 04-258 Page 6 Design: Signage: in height, measured at the peak of the pitched roof. The elevations do not indicate the dimension for the mean-height level of the roof. The PUD zoning district contains no minimum building setback requirement. As previously mentioned, the site plan (sheet SP1) shows a 40-foot wide (building) setback from Northeast 4t~ Street (front) and a 20-foot wide setback from the east property line (rear), north (side), and south (side) property lines. These proposed setbacks are consistent with the existing setbacks within the surrounding neighborhoods. Each unit owner would be allowed to have a concrete patio in the rear yard. The note on the site plan tabular data (sheet SP1) indicates "no screen enclosures are permitted in this project". Nothing would be allowed outside the building envelope. Any such future proposal to have them extend farther than the building envelope would require a master plan modification. However, a six (6) foot high by six (6) foot long masonry wall would be placed at the rear of each unit to provide for extra privacy between units. The recreation area would be located at the center of the development, flanked by the townhouse buildings on all sides. It would include a clubhouse, swimming pool, park, and tot-lot area. The clubhouse elevation (sheet A-17) shows that the peak of the roof would be 24 feet - 10 inches in height. A five (5) foot high aluminum fence would surround the entire pool area. This would be the same type of fence that is proposed along the west property line. A masonry wall, six (6) feet in height would be placed along the entire north, south, and east property lines The proposed buildings and clubhouse resemble a modern design with textured stucco finish, decorative shutters, and fiat roof tile. The exterior walls of the townhouse and recreation building would be multi-colored consisting of the following Benjamin Moore paints: Base Color 1 - Pale Straw 2021-70, Base Color 2 - Peach Sorbet 2015-40, Shutters and Railings - Midnight Navy 2063-10m, Accent Color 1 and Outriggers - Chantilly Lace 2121-70. The plans propose one (1) type of outdoor freestanding lighting fixture. However, the photometric plan detail (sheet PH1) illustrates the light pole but does not include its dimensions, exterior finish, or color. One characteristic of this project deserving special recognition is the amount and allocation of the green / open space. This serves as an example of providing an aggregate, usable recreational space area. The Project Wall Sign detail (sheet A-18) shows that a 32-square foot subdivision sign would be located on the entry walls located along Northeast 4th Street. The detail indicates the lettering style would be bronze Times New Roman lettering style. 7944 Staff Report -Barr Property (NWSP 04-013) Memorandum No PZ 04-258 Page '7 RECOMMENDATION: Staff has reviewed this request for new site plan approval and is recommending approval of the site plan, contingent upon the successful request for land use amendment / rezoning (LUAR 04-009) and subject to satisfying all comments indicated in Exhibit "C" - Conditions of Approval. Any additional conditions recommended by the Board or City Commission shall be documented accordingly in the Conditions of Approval. S:\Planning\SHARED\WP\PRO.1ECTS\Barr Property\NWSP 04-O]3\Staff Report.doc 7945 B^RR PROPERTY NWSP 04-0 Location Map 23rd Avenue HDR LEGEND: LDR - Low Density Residential HDR. High Density Residential SHDR. Special High Density Residential REC. Recreation LRC - Local Retail Commercial // LRC ~j -/ SHDR ' / / REC REC LRC 7946 360 180 0 3~0 Feet N EXHIBIT "B" ~ EXHIBIT "B" 7948 EXHIBIT "B" if 7949 EXHIBIT "B" 7950 7951 . ;t.~ ~i[ EASTBOYNTON VILLAGE ~ ~ . THE CORe--ONE ~RO~ 7952 EXHIBIT "B" II-- EAST BOYNTON VILLAGE 1801 NE 4th Street BOYNTON BEACH, FL. 33435 THE CORNERSTONE GROUP 2121 Ponce de Leon Blvd., Ph II Coral Gables. Florida ---_J~ JFS Design Inc.~ EXHIBIT "B" m ~J 7953 // EAST BOYNTON VILLAGE 180t NE 4th Street BOYNTON BEACH, FL. 33435 THE CORNERSTONE GROUP 2121 Ponce de Leon Blvd., Ph II Corel Gables. Flodda --_J_~ JFS Design Inc~. EXHIBIT "B" 7954 EAST BOYNTON VILLAGE 11101 NE 4th Street BOYNTON BEACH, FL. 33435 THE CORNERSTONE GROUP 2121 Ponce de Leon Blvd., Ph II Coral Gables. Florida EXHIBIT "C" Conditions of Approval Project name: Barr Property File number: NWSP 04-013 Reference: 3~ review plans identified as a New Site Plan with an October 12, 2004 Planning and Zoning Department date stamp marking. DEPARTMENTS INCLUDE REJECT PUBLIC WORKS - General Comments: None PUBLIC WORKS - Traffic Comments: None ENGINEERING DIVISION Comments: 1. Complete drainage plans, including drainage calculations in accordance with the LDR, Chapter 6, Article IV, Section 5 will be required at the time of permitting. 2. 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. UTILITIES Comments: 3. Palm Beach County Health Department permits will be required for the water and sewer sTstems servinl~ this project (CODE, Section 26-12). 4. Fire flow calculations will be required demonstrating the City Code requirement of 1,500 g.p.m. (500 g.p.m, some residential developments) with 20 p.s.i, residual pressure 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(b)). 5. 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 seven (7) days of site plan approval, whichever occurs first. This fee will be determined based upon final meter size, or expected demand. 7955 6. A building permit for this project shall not be issued until this Department has COA 11/03/04 2 DEPARTMENTS INCLUDE REJECT approved the plans for the water and/or sewer improvements required to service this project, in accordance with the CODE, Section 26-15. 7. 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: 8. All portions of this project shall be accessible by the Fire Department from the time of first construction, per City Ordinance 9-14. This includes the installation of a Knox Box at the alternate point of emergency vehicle ingress / egress. 9. All roads shall be capable of withstanding the weight of Fire Department vehicles and shall be kept clear at all times. 10. All hydrants shall be wet before construction begins in the area covered by that hydrant. 11o The site address shall be posted in contrasting six (6) inch high letters. The address shall be visible from the road way at all times. The address shall be posted before construction begins. POLICE Comments: None BUILDING DIVISION Comments: 12. At time of permit review, stibmit signed and sealed working drawings of the proposed construction. 13. A minimum of 2% of the total parking spaces provided for the dwelling units covered under the Fair Housing Act shall be accessible and comply with the requirements of the act. Accessible parking spaces shall be equally distributed for each type of parking provided, e.g. surface parking, parking structures, etc. per Title 24 CFR, Part 100.205. 7956 14. At the time of permit review, submit details of reinforcement of walls for the future installation of grab bars as required by the Federal Fair Housing Act Title 24 CFR, Part 100.205, Section 3, Requirement #6. All bathrooms within COA 11/03/04 3 DEPARTMENTS INCLUDE REJECT the covered dwelling unit shall comply. 15. Add to the drawing the calculations that were used to identify the minimum number of required handicap accessible parking space/s. Also, state the code section that is applicable to the computations. 16. Add a labeled symbol to the site plan drawing that represents and delineates the path of travel for the accessible route that is required between the accessible units and the recreational amenities that are provided for the project and other common area elements located at the site. The symbol shall represent the location of the path of travel, not the location of the detectable warning or other pavement markings required to be installed along the path. The location of the accessible path shall not compel the user to travel in a drive/lane area that is located behind parking vehicles. Identify on the plan the width of the accessible route. (Note: The minimum width required by the Code is 44 inches). Add text that would indicate that the symbol represents the accessible route and the route is designed in compliance with regulations specified in the Fair Housing Act. Please note that at time of permit review, the applicant shall provide detailed documentation on the plans that will verify that the accessible route is in compliance with the regulations specified in the 2001 FBC. This documentation shall include, but not be limited to, providing finish grade elevations along the path of travel. 17. Identify within the site data the finish floor elevation (lowest floor elevation) that is proposed for the building. Verify that the proposed elevation is in compliance with regulations of the code by adding specifications to the site data that address the following issues: a. The design professional-of-record for the project shall add the following text to the site data. "The proposed finish floor elevation NGVD is above the highest 100-year base flood elevation applicable to the building site, as determined by the SFWMD's surface water management construction development regulations." b. From the FIRM map, identify in the site data the title of the flood zone that the building is located within. Where applicable, specify the base flood elevation. If there is no base flood elevation, indicate that on the plans. c. Identify the floor elevation that the design professional has established for the building within the footprint of the building that is shown on the drawings titled site plan, floor plan and paving/drainage (civil plans). 18. To properly determine the impact fees that will be assessed for the one-story pool/clubhouse/recreation building/lease office, provide the following: a. Will the pool/clubhouse/recreation building be restricted to the residents of the entire project only? b. Will the residents have to cross any major roads or thoroughfares to get to the pool/clubhouse/recreation building? 7957 c. Will there be any additional deliveries to the site? COA 11/03/04 4 DEPARTMENTS INCLUDE REJECT d. Will there be any additional employees to maintain and provide service to the site? Please have the applicant provide the City with a copy of the letter that will be sent to the impact fee coordinator. To allow for an efficient permit review, the applicant should request that the County send the City a copy of their determination of what impact fees are required for the pool/clubhouse/recreation building/lease office. 19. A water-use permit from SFWMD 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. 20. 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. a. If the project is a multi-family project, the building number/s must be provided. The building numbers must be the same as noted on the Commission-approved site plans. b. The number of dwelling units in each building. c. The number of bedrooms in each dwelling unit. d. The total amount paid and itemized into how much is for water and how much is for sewer. (CBBCO, Chapter 26, Article II, Sections 26-34) 21. At time of permit review, submit separate surveys of each lot, parcel or tract. For purposes of setting up property and ownership in the City computer, provide a copy of the recorded deed for each lot, parcel or tract. The recorded deed shall be submitted at time of permit review. 22. At time of building permit application, submit verification that the City of Boynton Beach Parks and Recreation Impact Fee requirements have been satisfied by a paid fee or conveyance of property. The following information shall be provided: a. A legal description of the land. b. The full name of the project as it appears on the Development Order and the Commission-approved site plan. c. If the project is a multi-family project, the building number/s must be provided. The building numbers must be the same as noted on the Commission-approved site plans. d. The number of dwelling units in each building. e. The total amount being paid. (CBBCO, Chapter 1, Article V, Section 3(f)) 7958 23. The full address of the project shall be submitted with the construction documents at the time of permit application submittal. COA 11/03/04 5 DEPARTMENTS INCLUDE REJECT 24. At the time of permitting, show the proposed site lighting on the site and landscape plans. PARKS AND RECREATION Comments: 25. The development is comprised of 180 single-family attached units. The Recreation and Parks Facilities impact Fee is computed as follows: 180 single -family attached units ~ $771 ea. = $138,780 26. The developer should add bike racks adjacent to the recreation amenities. FORESTER/ENVIRONMENTALIST Comments: 27. Imgation Plan The irrigation design should be low-flow for water conservation. All shade and palm trees should receive irrigation from a bubbler source (Chapter 7.5, Article II Sec. 5A). 28. Turf areas should be limited in size. Landscape (bedding plants) areas should be designed on separate low-flow zones with proper time duration for water conservation (Chapter 7.5, Article II Section 5. C.2.). PLANNING AND ZONING Comments: 29. Approval of this site plan is contingent upon the accompanying request for land use amendment / rezoning (LUAR 04-009). This includes the proposed project density. On the site plan (sheet SP1) tabular data, indicate the project's proposed density. 30. A unity of title may be required. The Building Division of the Department of Development will determine its applicability. 31. At the time of permitting, the traffic impact analysis must be revised to indicate 180 townhouse units. The County must approve the analysis prior to the issuance of any building permits. No building permits are to be issued by the city, after the 2007 build-out date. The County traffic concurrency approval is subject to the Project Aggregation Rules set forth in the Traffic Performance Standards Ordinance. 7959 COA 11/03/04 6 DEPARTMENTS INCLUDE REJECT 32. The School District o£ Palm Beach County approved the project for 152 dwelling units for school concurrency but 180 are proposed. At the time o£ permitting, the School District o£ Palm Beach County must approve a total of 180 dwelling units. A revised approval letter (from the County) would be required prior to the issuance of any building permits. 33. The detail of the typical freestanding outdoor lighting fixture should include the overall height, exterior finish, materials used (i.e. concrete or aluminum) and color(s). The placement of these 34. On the landscape plan, ensure that the plant quantities must match between the tabular data and the graphic illustration. 35. All trees, if proposed as trees, must be at least 12 feet in height and three (3) caliper inches at the time of their installation (Chapter 7.5, Article II, Section 5.C.2.). 36. The landscape plan (sheet L-2) shows that a row of Gumbo Limbo trees and Redtip Cocoplum hedges are proposed within the south landscape buffer. Also, three (3) Live Oak trees are proposed at the southwest comer of the property. Staff recommends that the species be switched so that three (3) Gumbo Limbo trees are proposed at the southwest comer of the property and that the Live Oaks are proposed in a row within the length of the buffer. ADDITIONAL COMMUNITY REDEVELOPMENT AGENCY BOARD COMMENTS: Comments: 37. To be determined. ADDITIONAL CITY COMMISSION COMMENTS: Comments: 38. To be determined. MWR/elj S:\Planning\SHARED\WP\PROJ ECTS\Barr Propert~NWSP 04-013\COA.doc 7960 DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Barr Property APPLICANT: Mr. John Barr / The Cornerstone Group, Incorporated APPLICANT'S ADDRESS: 2121 Ponce de Leon Boulevard Penthouse Coral Gable, Florida 33134 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: November 16, 2004 TYPE OF RELIEF SOUGHT: Request new site plan approval to construct 180 townhouse units on 9.888 acres in the PUD zoning district. LOCATION OF PROPERTY: 1801 Northeast 4th Street DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. THIS MATTER came before the City Commission of the City of Boynton Beach, Florida appearing on the Consent Agenda on the date above. The City Commission hereby adopts the findings and recommendation of the Community Redevelopment Agency Board, which Board found as follows: OR THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. The Applicant HAS HAS NOT established by substantial competent evidence a basis for the relief requested. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "C" with notation "Included". The Applicant's application for relief is hereby ~ GRANTED subject to the conditions referenced in paragraph 3 hereof. DENIED o This Order shall take effect immediately upon issuance by the City Clerk. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other 7961 DATED: City Clerk S:",Planning~SHARED\WP~PROJECTS~Barr Proper~SP 04-013~)Qdoc TO: THRU: FROM' DATE: PROJECT: REQUEST: DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 05-009 Chair and Members Community Redevelopment Agency Board Michael Rumpf Director of Planning and Zoning Eric Lee 3ohnson, AICP Planner February 2, 2005 Boynton Beach Lofts / HTEX 05-001 Height Exception of three (3) feet - two (2) inches Property Owner: Applicant: Agent: Location: Existing Land Use: Existing Zoning: PRO.1ECT DESCRIPTION Mr. Louis F. Mascia / Boynton Motel, LLC Mr..lames A. Seifert / Addison Properties of South Florida, Incorporated Mr. Bradley D. Miller, AICP / Miller Land Planning Consultants, Incorporated 623 South Federal Highway Local Retail Commercial (LRC) Community Commercial (C-3) Proposed Land Use: Mixed Use (MX) Proposed Zoning: Mixed Use-Low Intensity (MU-L) Proposed Use: Office Retail Residential 13,354 square feet 5,364 square feet 48 condominium units Acreage: 52,542 square feet (1.21 acres) Adjacent Uses: North: Vacant commercial property classified Local Retail Commercial (LRC) land use and zoned Community Commercial (C-3); South: East: Developed commercial properties (offices) classified Local Retail Commercial (LRC) land use and zoned Community Commercial (C-3); 7962 Right-of-way for Federal Highway, then further east is developed multi-family residential (Sterling Village) classified High Density Residential (HDR) land use and zoned Multi-family Residential (R-3); Page 2 Memorandum No. PZ 05-009 West: Right-of-way for Southeast 4th Street, then further west is an active park (Pence Park) classified Recreational (R) land use and zoned Recreation (REC). BACKGROUND Mr. Bradley Miller, AICP, agent for the property owner (Boynton Motel, LLC) is requesting to develop a mixed-use project. The survey shows that the subject property is currently developed with a one (1)- stow motel building and related parking areas. The intent is to raze the existing building and redevelop the site with a single mixed-use building consisting of two (2) towers and an interior parking garage. At the roofiine, the parking garage would be two (2) stories at 24 feet in height, the west tower would be five (5) stories at 58 feet in height, and the east tower, proposed along Federal Highway, would be six (6) stories at 68 feet - eight (8) inches in height. Approval of the site plan, as proposed, is contingent upon the approval of this request for height exception and accompanying request to rezone (LUAR 05- 003) the property from Community Commercial (03) to Mixed-Use Low intensity (MU-L). The district allows a maximum height of 75 feet (as a permitted use) and a residential density of 40 dwelling units per acre for mixed-use projects. The applicant submitted a request for height exception (HTEX 05-00:L) because as proposed, a portion of the building would exceed the 75-foot height threshold. The project is to be built within one (1) phase with an anticipated completion date of January of 2007. ANALYSI'S The property is currently zoned 03. The C-3 zoning district allows for a maximum building height of 45 feet. As previously mentioned, the applicant is concurrently requesting to rezone the property to MU-L. Part of the justification to rezone to MU-L is to provide developers with greater options for development and redevelopment projects in and around the downtown area. The objective of the mixed-use zoning districts, in part, is to support and stimulate revitalization efforts in the city's Community Redevelopment Agency area. Staff recognizes that a viable downtown and surrounding areas would have a mixture of uses with higher residential densities. The rvlU-L zoning district is appropriate for Iow to mid-rise development that provides for medium density residential uses. The rvlU-L zoning district allows for a maximum building height of 75 feet, by right. Except as described herein, building heights may exceed that threshold but only as approved via conditional use. The standards for evaluating a conditional use are different from the standards for evaluating a height exception. Land Development Regulations, Chapter 2, Zoning, Section 4.F.3, Height Limitations and Exceptions, states that in considering an application for exception to the district height regulation, the City Commission shall make findings indicating the proposed exception has been studied and considered in relation to minimum standards, where applicable. The citywide maximum height of 45 feet would generally limit a typical building to four (4) stories. The MU-L zoning district allows for a maximum building height by right at 75 feet. The elevations show that a portion of the building exceeds the 75-foot threshold. However, this project will not be reviewed as a conditional use because the height of the building (according to the definition of building height) would actually range between 68 feet - eight {8) inches and 75 feet, which is below the 75-foot threshold. Only the top portion of the stairwell would be higher than 75 feet. An emergency stairwell and elevator shaft are the types of building appurtenances that may exceed the zoning district's height limitation and be eligible for height exception review. In this case, the top of the stairwell is proposed at 78 feet - two (2) inches in height. The top of the elevator core would be 76 feet in height. Approval of the height exception request for the stairwell would cover 7963 Page 3 Memorandum No. PZ 05-009 the elevator tower, both of which occur on the east tower. The aforementioned structures would account for only a small percentage of the entire roof. In fact, the roof plan (sheet A216) shows that the roof area of the east tower would be 11,416 square feet in area. The size of the roof of the stairwell would be 207 square feet in area. Likewise, the roof of the elevator core would be 86 square feet in area. Both appurtenances would be a combined total of 293 square feet or 2.5% of the entire roof of the east tower. The stairwell would be necessary to provide access to the roof. The elevator core is necessary for the operation of the elevator. Allowance of these heights would not severely reduce light and / or air in the adjacent areas. The applicant claims that the height exception would not adversely effect property values in adjacent areas or adversely influence the living conditions in neighboring communities. Staff concurs. Granting of this height exception does not constitute a special privilege to the current property owner. RECOMMENDAT~'ON In the accompanying reports, staff is recommending approval of the site plan and request to rezone to the MU-L zoning district. The City has made every effort to change and create zoning districts (CBD, MU-L, MU-H) that will accommodate a mix of uses, innovative and attractive building designs, and viable residential densities (as determined by the market) to act as a catalyst for downtown redevelopment. As to the issue of height, staff recommends approval of the height exception request of three (3) feet - two (2) inches. This would allow, the top of the stairwell to be designed at 78 feet - two (2) inches in height. Any conditions recommended by the Board or City Commission would be placed in Exhibit "C"- Conditions of Approval. S:\Planning\SHARED\WP\PROJECTS~Boynton Lofts\HTEX 05-001\Staff Report,doc 7964 Exhibit 'A'- Location Map 20O I 7965 100 0 200 400 600 800 I Feet EXHIBIT "B" 7966 BOYNTON BEACH LOFTS SOUTH FEDERAL EXHIBIT "B" Il I I, [l ll,,i[[ t I 7967 SO0'il-I F'~AI. HIGHWAY rlOYNTON BEAC~ - Ft. .~35--4935 Project name: File number: Reference: EXHIBIT "C" Conditions of Approval Boynton Beach Lofts HTEX 05-001 Elevations dated January 18, 2005 DEPARTMENTS INCLUDE REJECT PUBLIC WORKS 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 ADDITIONAL COMMUNITY REDEVELOPMENT AGENCY COMMENTS: Comments: 7968 1. To be determined. Page 2 Boynton Beach Lofts File No.: HTEX 05-001 DEPARTMENTS INCLUDE REJECT ADDITIONAL CITY COMMISSION COMMENTS: Comments: 2. To be determined. S ~Planning',SHARED~WP~PROJEC/S~Bo3mton Lofls',llTEX 05-001",COA doc 7969 DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Boynton Beach Lofts AGENT: Mr. Bradley D. Miller, AICP / Miller Land Planning Consultants, Incorporated AGENT'S ADDRESS: 298 Pineapple Grove Way Delray Beach, FL 33444 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: TYPE OF RELIEF SOUGHT: Request a three (3) foot - two (2) inch height exception for a mixed-use project on a 1.21-acre parcel in the Mixed-Use Low Intensity (MU-L) zoning district. LOCATION OF PROPERTY: 623 South Federal Highway DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. THIS MATTER came before the City Commission of the City of Boynton Beach, Florida appearing on the Consent Agenda on the date above. The City Commission hereby adopts the findings and recommendation of the Community Redevelopment Agency Board, which Board found as follows: OR THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. The Applicant HAS HAS NOT established by substantial competent evidence a basis for the relief requested. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "C" with notation "Included". The Applicant's application for relief is hereby __ GRANTED subject to the conditions referenced in paragraph 3 hereof. DENIED This Order shall take effect immediately upon issuance by the City Clerk. All further development on the property shall be made in accordance with the terms and conditions of this order. 7970 Other DATED: City Clerk S:~Plannlng~SHARED\W~kPROJECTS\Boynton LoffskHTEX 05-001 kDO doc TO: TH ROUGH: FROM: DATE: SUBJECT: DEVELOPMENT DEPARTMENT PLANNTNG AND ZONING DW[SI'ON MEMORANDUM NO. PZ 05-035 Planner February :[7, 2005 Chairman and Members Planning and Development Board Michael W. Rumpf-~~ Director of Planning and Zoning Eric Lee Johnson, AICP CODE REVIEW / CDRV 05-00! Allowing carwash facilities as conditional uses in the M-1 zoning district. NATURE OF REOUEST Mr. Michael S. Weiner is requesting that car wash uses be added to the list of conditional uses in the M-! Industrial zoning district. Specifically, the applicant is requesting that the code be modified to allow these uses in the M-! zoning district west of Interstate 95, such as Congress Avenue. As proposed by the applicant, this code amendment would modify Chapter 2, Zoning, Section 8.A.4 to include the following: "(a) Carwashes, provided the use is located alonq a ma/or arterial roadway located west of Znterstat~. such as Conqress Avenue." BACKGROUND The City's Occupational License section categorizes car washes into multiple categories unlike the North American Industry Classification System (1997), which was formerly the Standard Industrial Classification Manual (1987). Both federal publications group such establishments into one (1) category, namely "Carwashes". However, according to the Occupational License section, the City issues licenses for the following three (3) categories: #811190 Auto Detailing / Washing (22 licenses) #811193 Carwashes Coin Operated (4 licenses) #811194 Full Service Carwash (5 licenses) This year, the City currently licensed a total of 31 businesses that are considered to be a car wash type of use. According to the NAICS, "carwashes" is the industry where businesses are engaged in cleaning, washing, and / or waxing automotive vehicles, such as passenger cars, trucks, vans, and trailers. The intent of the subject code amendment request is to allow the construction of a full service car wash on a vacant property zoned M-1. There are five (5) licensed full service carwashes in the city. They are located in properties zoned Community Commercial (C-3) and Planned Commercial Development (PCD). 7971 Page 2 CDRV 05-001 ANALYSZS Full service car washes are currently allowed as permitted uses in the C-3 and PCD zoning districts. Further, car washes are accessory uses to gasoline dispensing establishments which are conditional uses in the Neighborhood Commercial ((::-2) zoning district. However, car washes (of any kind) are currently not permitted in the M-1 zoning district. Staff has had several meetings with the applicant and / or their client to discuss the possibility of constructing a full service car wash on a vacant parcel in the M-1 zoning district. The applicant submitted sketches showing the configuration of a car wash facility, including the drive aisles and parking areas. The applicant did not provide any written justification for the subject code amendment. However, in today's convenience driven market, many companies operating as full service car washes desire locations along major arterials for the added exposure and convenience. The property, earmarked for the full service car wash, is specifically located within the M-1 zoning district along a major road (Congress Avenue). Congress Avenue is classified as a Principal Arterial as defined by the City's Comprehensive Plan. Generally, heavy commercial and industrial uses are consolidated in areas that are isolated from commercial nodes and public view. These activities would normally occur within the city's industrial zoning districts. The subject site, however, is located within an area that has historically been a large, consolidated, and compact industrial "district" of the city. The "district" was the focus of a comprehensive study (The South Congress Avenue Industrial Corridor Study) that was completed in 2002 to evaluate the existing industrial uses and their vitality. SQuth ~onqress Avenue Study The Study area contained a homogenous mixture of industrial uses. The major sectors were Construct/on, IYanufactur/ng, Who/esa/e Trade, Transportat/on &Warehous/ng, and Persona/ & Profess/ona/Serv/ces sectors, which accounted for over 88% of all the licenses issued. The Study revealed that there were 204 occupational licenses issued for the area. Out of the 204 licenses, 61 licenses or nearly 30% of them were issued for businesses located along Congress Avenue. Interestingly, over 66% of the licenses issued within the Retai/ Trade category were for businesses located along Congress Avenue. However, the number of businesses engaged in Reta# Trade in general was insignificant within the entire Study area. Some of the Study's final recommendations that are germane to this code review request included the following: Describe Comprehensive Plan Amendment to acquire PID standards. Staff recommends strengthening and clarifying the language in the Comprehensive Plan regarding the PID zoning district. By requiring the parcels over 15 acres in area to rezone to PID, retail uses would be accommodated in which, the M-1 zoning district would not ordinarily allow. This attribute of the PID zoning district would allow for flexibility, which in turn would aid in future development contributing to the economic base of the City; 2. Design standards for M-1 / PID uses abutting major arterials; and 3. List permitted uses (for use approval) in the PID. ?9?2 It should be noted that soon after the Study was completed, two (2) large tracts of vacant land were rezoned to allow for townhouses - a non-industrial use. These events eliminated the need to revisit all but one of the above-described recommendations, namely design standards appropriate for properties in the M-1 zoning district that front on major corridors such as Congress Avenue. Page 3 CDRV 05-001 Auto desion and parkincl The general intent and purpose of the C-4 and M-1 zoning districts is to provide adequate space for more intense commercial and industrial uses. Therefore, automotive uses within these districts are relegated to those aforementioned areas that are heavy commercial or industrial in nature. Accordingly, the intention is to separate these sites from less-intense commercial activity and residential neighborhoods. Staff has acknowledged that historically, many properties in the C-4 and N-1 zoning districts were designed and approved for heavy commercial and industrial uses with lower parking requirements than their commercial counterparts. However, these older sites have been converted for automotive-intensive uses that possess higher off-street parking demands. The problem arises in situations when the automotive uses become busier; the demand for extra parking spaces becomes more apparent. In the case of auto repair shops, the parking space dilemma starts with the accumulation of vehicles (either waiting to be serviced or retrieved by the owners) and the lack of excess or overflow parking spaces. However, with the exception of Tire Kingdom at 3030 South Congress Avenue, these older, heavy commercial and industrial sites are typically hidden and unseen from the major arterials. Retrofitting existing sites for more parking-intensive uses becomes problematic. The Land Development Regulations do not specifically address the parking requirements for automated car wash facilities. According to code, however, in no case shall less than four (4) outside parking spaces be provided for any non-residential use. The parking requirements for car washes will be revisited by staff during the re-write of the Land Development Regulations. Permitted and (;;QnditiQnal Uses As previously' mentioned, automotive uses are allowed in the M-1 zoning district. According to the NAICS, there are a wide range of business activities within the category of "automotive use". For example, gasoline dispensing establishments, auto retail store, and car washes are permitted uses in the C-2, C-3, C-4, and PCD zoning districts but would be inappropriate for isolated industrialized areas. These types of establishments flourish in more commercialized, heavy traffic, and highly-visible areas. Likewise, it is very common to have a stand-alone car wash as a subordinate use (accessory use) to a gasoline dispensing establishment (principle use). As previously stated, gasoline dispensing establishments are generally located on major roads with high visibility. It should be noted that these gas stations are not permitted by right but are approved as conditional uses. Conditional uses are those uses that are deemed in appropriate generally, or without restriction, throughout a zoning classification or district. Conditional uses require public hearings and are evaluated on a separate set of development standards. Staff reviews each request on a case-by-case basis, ensuring that they satisfactorily meet all 13 standards for evaluating conditional uses. Any parking issues can be reviewed and addressed during the conditional use / site plan review process. The conditional use process will allow for. appropriate review for site capacity, particularly when industrial to commercial conversions are being requested. This case-by-case review is appropriate for a car wash project given the lack of specific site standards in the code, potentially intense circulation characteristics, potential impacts upon adjacent residential neighborhoods, and design objectives appropriate for uses proposed along major roadways. SUf4f4ARY / RECOI4MENDAT/0N A car wash is a typical accessory use to a gas station. Both car washes and gas stations are highly commercial in nature, but are still classified as an automotive use. Commercial activities normally succeed on sites that offer a high degree of visibility. The subject request to allow carwashes in the M-1 zoning district can be justified by the fact that Congress Avenue is a major corridor with a high volume of traffic and its high visibility woulTdg~?erently attract the commercial user. The Land Page 4 CDRV 05-001 Development Regulations require gas stations to be located at intersections along major thoroughfares. Therefore, it would be reasonable to allow a car wash to be located in the M-1 zoning district along a major thoroughfare. Staff is in favor of this request, in part, because the subject property (as identified by the applicant) is vacant. All parking issues would be immediately planned for and addressed during the site plan review process; the site would not have to be retrofitted to accommodate said use. Staff recommends approval of the request to allow car washes in the M-1 zoning district as conditional uses but only with the amended language prepared by staff to provide additional safeguards in implementing this amendment: (M-1 zoning district) Chapter 2, Section 8.A.4.q. Car Wash (Automatic or Self Service)* Furthermore, staff recommends allowing car washes as conditional uses rather than permitted uses in the zoning districts where they are currently allowed as permitted uses (C-3 and C-4 zoning district). In addition, the following changes are proposed to provide consistency between the "automobile wash establishment" heading within the use list and the current definition of car washes found in Chapter 1.Article IT.Definitions. The modifications are proposed as follows: (C-3 zoning district) Chapter 2, Section 6.C.z.~,,,~,,, ^' '*"'""~'", ,v,,,,,. ...... ,,,,,,~', ,.~,,,.,,~*~'"~*-~,,, ,,., ,~., Car Wash (Automatic or Self Service)* (C-4 zoning district) Chapter 2, Section 6.D.l.e.~,,, ^' '*~^~", ,,,~,,~ ...... ,,~,~, ~,~,~,,~,~'~-~,,, ,,., ,~ Car Wash (Automatic or Self Service)* The language proposed by staff recognizes the market demand, while at the same time preserves the performance and design of the city's shopping centers, the health of heavy commercial / industrial zoning districts, as well as residentially-zoned properties. By initiating the conditional use requirement, individual sites can be reviewed for optimum layout, buffering, and operation in order to maximize compatibility with the surrounding area. Furthermore, said projects can be reviewed for aesthetic design where visible from major public rights-of-way. The amended language proposed by staff would also help to further separate incompatible land uses. Exhibits MR/elj S:\Planning\SHARED\WP\SPECPRO.I\CODE REVIEW\CDRV 05-001 Carwashes in M-l\Staff Report. doc 7974 VII. Old Business 7975 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. TABLED TO MARCH 2005 BOYNTON BEACH CRA AGENDA ITEM REQUEST FORM BOYNTOH BEACH Requested CRA Date Final Materials Must be Requested CRA Date Final Materials Must be Turned int._.9o Meeting Dates Turned Meeting Dates CRA Office into CRA Office [] January 11,2005 December 28, 2004 (Noon.) [] July 12, 2005 June 28, 2005 (Noon) [] February 8, 2005 January 25, 2005 (Noon) [] August 9, 2005 July 26, 2005 (Noon) March 8, 2005 February 22, 2005 (Noon) [] September 13, 2005 August 30, 2005 (Noon) [] April 12, 2005 March 29, 2005 (Noon) [] October 11,2005 September 27, 2005(Noon) [] May 10, 2005 April 26, 2005 (Noon) [] November 8, 2005 October 25, 2005 (Noon) [] June 14, 2005 May 31,2005 (Noon) [] December 13, 2005 November 29, 2005 (Noon) NATURE OF [] Consent Agenda IOld Business [] Legal AGENDA ITEM [] Director's Report [] New Business [] Future Agenda Items [] Other Item DATE: December 23, 2004 SUBJECT SUMMARY PARAGRAPH: Cornerstone Development has successfully submitted a complete Direct Incentive Request for their "East Boynton Village Project". The Board has reviewed their project but asked for the developer to address resident concerns. The project is good from several points of view; i.e. unit design, mix of units, public amenities, garages, parking, etc. However, concerns were heard pertaining resident impacts, the developer was asked to address the issues and the CRA offered our Direct Incentive Program to help underwrite residential packages. RECOMMENDATION: The project is recommended to be scored under the preferential HOB system for Direct Incentives. The incentives should be focused on resident needs and a lesser amount for Developer incentives. Staff recommends that the total incentive be limited to $1,018,593 and limited to a term required to generate the incentive to the developer. Further that 10% of the units be deed restricted for affordable access for a term of no less than 10 years. EXPLANATION: (Background of the issue: Who, What, Where, When, How, Etc.) The applicant has supplied needs information and proposed incentives; however, there is no analysis of how these incentives realistically address the resident's needs. We will hear from the developer and residents regarding the developer's efforts and resident issue resolution. The CRA Board has received the full Direct Incentive Application in the previous agenda packages. FISCAL IMPACT: The attached Direct Incentive application for incentives is performance based; therefore all incentives are paid by the TIF revenues only from the project. No existing or non project TIF revenues are pledged for this incentive, therefore there is no fiscal impact other than retaining less than the full new revenues for CRA use. ALTERNATIVES: Deny Incentives. / '4 //"-" ~ Staff 7976 ~gla~h'tchinson, CRA Director Nicole Shares C:\Monet_Nicole SharesbAgenda\CRA Agenda Item Request - Cornerstone Development.doc MEMO TO: FROM: SUBJECT: DATE: CRA BOARD C. Hutchinson ~ Douglas Cornerstone Group Request for CRA Direct Incentives March 2, 2005 Staff has reviewed the Cornerstone Groups Application for Direct Incentives and the application and additional requested items have been presented and are complete. The application scores 120 points before the CRA Board's 40 point analysis. The CRA Board can now score the project for additional 40 point analysis. Cornerstone has provided their cost for relocation and /or purchase incentives for the Barr Trailer Park. Their own tally comes to $1,031,000 in incentive cost and they have requested $2,000,000. I have two comments first is that the CRA limit the Direct Incentive to the cost of relocation and purchase discounts. Since these are "up front" payments and the CRA Incentives are awarded annually, the cumulative total of incentive for the developer is figured as including a provision to cover the cost of money at an interest rate of prime plus two over the length of time to reimburse the developer. The second comment is the items listed for CRA Direct Incentive coverage. I disagree with the following! $165,000 to the State of Florida due to residents applying for state funds. This is part of developing trailer parks and is not an expense over and above state requirements. This project was presented as needing no incentives and the CRA looks to place the Direct Incentives in the residenrs pockets and not to add to Developer profits. I also disagree with demolition cost. These should have been costs in the original projects cost projections and the CRA money should not be used for these costs. The final item is the $3,000 for survey services. This is project overhead and due diligence and should not be at the tax payers expense. Please note that for a possible incentive agreement, the CRA would require deed restrictions on affordable units for a period to match the incentive term or ten years which ever is longer. The number of units with deed restrictions would be the eight (8) units 7977 X \CONERSTONE GROUP INCENTIVE~MEMO coner~one direct incentive doc projected to be bought by residents at a $40,000 discount plus an additional $8,000 reduction and a minimum of ten (10) additional units for a total set aside of eighteen (18). Units selected for deed restriction should be a variety of sizes and obtainable by two or three person families at 120% of the county's median income levels for 2005. Eighteen (18) units represents 10% of the project to be set aside for assured affordable access. These deed restrictions shall define income restriction parameters, limit future profit on units sold to a 3% annual inflation increase (funds exceeding this amount are retruned to the CRA) and that these units must be only used as primary residents by the owner. The developer shall guarantee that unit discounts will not be reimbursed by other programs or agencies and that discounts will be in addition to any other buyer programs. The staff recommendation is therefore as follows: The deed restriction notes above and an incentive cumulative total not to exceed the amount of $1,018,593, figures as follows; · Relocation funds to date $126,030 · Future relocation expenditure $323,920 · Free Trailers $ 18,000 · Transport Cost $ 20,000 · Unit Discounts at $40,000 $280,000 · Sales Price Discounts $ 50,000, · Total CRA Reimbursement $818,000 The CRA Incentive amount will be limited to $818,000 plus an interest provision of prime plus two (2) or seven and one-half percent (7.5%) over +/- five (5) years or a $1,018,593 total developer incentive. (See attached table) The term of the incentive payments is +/- five (5) years or until the incentive amount is received by the developer. The developer's projected annual Direct Incentive is approximately +/- $195,000. A trailer park conversion project has, by nature, costs due to relocation issues. These costs are not the driving reason for the CRA to offer this special incentive package. The CRA funds are directed solely at providing aid to residents and that these funds are clearly above and beyond the states requirements and serve to better our resident's quality of life. 7978 X \CONERSTONE GROUP INCENTIVEXlvIEMO concrstone direct incentive doc Loan Calculator Enter Values ~ - Loa-n'Amoun~ 8i 8,000.~· Annual Interest RateL~0 % Loan Period in Years~ ....... 6~ Number of Payments Per Year[ ~! Start Date of Loan 3/1/2005'~ Optona Extra Payments~ $ 21,729.28 Lender Name:, Pmt Payment Beginning Scheduled Extra No. Date Balance Payment Payment 1 3/1/2006 $ 818,000.00 $ 174,270.72 $ 21,729.28 2 3/1/2007 683,350.00 174,270.72 21,729.28 3 3/1/2008 538,601.25 174,270.72 21,729.28 4 3/1/2009 382,996.34 174,270.72 21,729.28 5 3/1/2010 215,721.07 174,270.72 21,729.28 6 3/1/2011 35,900.14 174,270.72 - Loan Summary [- .... Scheduled Payment', $ 174,270.72 ~ ScheduledActual NNUumm~;: o°ff pPaaYymm;nntt: f- Total Early Paymentsl $ 108,646.40 _Tot~al Interest_; $ 200~9~.~' Total Payment Principal Interest Ending Balance 196,000.00 $ 134,650.00 $ 61,350.00 196,000.00 144,748.75 51,251.25 196,000.00 155,604.91 40,395.09 196,000.00 167,275.28 28,724.73 196,000.00 179,820.92 16,179.08 35,900.14 33,207.63 2~692.51 $ 683,350.00 538,601.25 382,996.34 215,721.07 35,900.14 0.00 7979 February 28, 2005 Douglas Hutchison City of Boynton Beach Community Re-Development Agency 639 East Ocean Avenue Boynton Beach, Florida 33435 RE: CRA INCENTIVE PROGRAM FOR BOYNTON VILLAGE Dear Mr. Hutchison: We would like to inform you of the incentives we have offered to the residents of East Boynton Mobile Village ("The Park"). To date, we have paid $126,030 to 24 of the residents and tenants in relocation funds (See Attachment "A"). There are still 60 to 65 residents to whom we will be providing relocation funds. Based on an average payment of $5,250 per person, we believe we will pay approximately $450,000 in relocation incentives to the tenants and residents of the park. Additionally, there will be approximately 60 residents who will likely apply for relocation funds from the State at $2,750 each, which will require The Cornerstone Group to pay the State of Florida an additional $165,000. The Cornerstone Group has also given four trailers away for free to residents instead of selling them at $4,500 per trailer, totaling $18,000. In addition, there are six trailers that we are relocating on behalf of the six residents, at our cost, of approximately $20,000 in transportation and hook-up fees paid by Cornerstone. Furthermore, there are 6 to 8 residents of the park that have expressed a strong interest in purchasing a home in our proposed town home community. We have agreed to sell these two b edrooms-two baths homes t o t he p ark residents a t $189,000, which is a $40,000 reduction from what we anticipate to sell to unaffiliated, third parties. The loss of income from this reduction would total approximately $280,000. The price of $189,000 also does not include the additional reduction of $8,000 per unit in sales price offered to the residents of the park, totaling approximately $50,000. Additionally, there will be demolition and removal of the remaining 15 or so abandoned trailers that at a cost of $3,000 each trailer, totaling $45,000. 7980 2121 PONCE DE LEON BLVD,, PH, CORAL GABLES, FLORIDA 33134 · TEE: 305,443.8288 · FAX: 305,443,9339 cornerstonegrp.com We have also paid the Boynton Beach Faith Based Community Development Corporation $3,000 for a survey that was conducted at the park of the needs of the residents. Enclosed please find a summary sheet detailing the items I have discussed above (See Attachment B). Also enclosed you will find the sheet, previously given to you, that was given to the residents of the park in a presentation package about two months ago that summarizes the incentives we are offering them. Other than the amounts paid to date, please bear in mind that the balance of the payments reflected on Attachment B are our best estimates of what we would incur over the next few months. Please do not hesitate to contact me at extension 246 should you have any questions. I may also be reached via e-mail at: Max. Cruz@Cornerstonegrp.com Thank you, Assistant Vice President Cc~ Michael Weiner (w/Encl.) Weiner & Aronson, P.A. 7981 BOYNTON MOBILE VILLAGE BMV RENT ROLL RELOCATION DISBURSEMENT As of 2/25/2005 LOT # NAME Attachment A Receiving Date of Rent/Own Check Chk Mailed 6 5 GONZALEZ, ROBERTO/VICTOR TPP $ 3,150 4-Feb-05 10 5 REED, BE~IWY Own $ 6,000 27-Jan-05 20 5 DEJESUS, KERRI Rent $ 3,000 4-Feb-05 5 6 HOLM, EVELYN Own $ 6,000 25-Feb-05 7 6 TETREAULT, GASTON Own $ 6,000 25-Feb-05 B5 HERNANDEZ, BELINDA Own $ 6,000 27-Jan-OS B14 WAUGH, EVELYN & HARLEY Own $ 6,000 27-Jan-05 C4 BROOKS, VINCE Own $ 6,000 2S-Feb-05 C6 BOILEAU, JEANNE Own $ 6,000 25-Feb-05 D13 ORTIZ, ALIDA Own $ 6,ooo 25-Feb-05 D 17 RIVERIA, MARIA Rent $ 3,000 4-Feb-05 E3 VAN ALLEN, LAWRENCE Oxvn $ 6,000 S-Feb-05 E5 STARK, RAY Own $ 6,000 27-Jan-05 E11 DIVITO, ROBERT Own $ 6,000 25-Feb-05 i E20 RACHEL, WILLIAM Own $ 6,000 16-Feb-05 F3 DEYOUNG, RAY TPP $ 6,000 5-Feb-05 F4 HINES, WALTER Rent $ 1,000 22-Feb-05 F9 FRATINARDO, I~THY TPP $ 4,680 25-Feb-05 G1 FORBES, HAZEL Own $ 6,oo0 S-Feb-05 G2 FINE, DAVID Own $ 6,0oo 25-Feb-05 G3 PATTERSON, ALEX Own $ 6,000 25-Feb-05 G8 MARTINEZ, JERRY Own $ 6,000 25-Feb-05 Gl0 RE'~%S, MARIA Rent $ 3,000 7-Feb-05 G 11 OLIVEI1LS, LUIS Oxvn $ 6,000 25-Feb-05 $ 126,030 7982 ATTACHMENT B COST EXPENDITURES Relocation Funds spent to date Future Relocation Expenditures State of Florida Reimbursement Free Trailers to Residents Transportation Fees of Trailers Demolition and Removal of abandoned Loss of Income on Discounted Units Reduction of $8,000 to purchasing unit Survey of Park Residents TOTAL EXPENDITURE $ $ $ $ $ $ $ $ $ 126,030 323,970 165,000 18,000 20,000 45,000 280,000 50,000 3,000 1,031,000 7983 ASSISTANCE TO RESIDENTS OF EAST BOYNTON VILLAGE MHP* We would offer the following alternatives to residents in good standing under their leases: $6,000 upon departure from MHP after 6 month period (tenants who leave within 2 months will also receive a refund upon departure of rent paid for the 2 month period), OR $8,000 reduction at closing in purchase price of townhouse or villa at Boynton Village, OR ° $200 monthly assistance for 5 years for mortgage payment in connection with a townhouse or villa purchased at Boynton Village (payable in annual lump sums as we receive TIFF payments from City), OR ° $200 reduction for 5 years in monthly rental payment at a Cornerstone apartment after departure from MHP. We will also waive 1 month's security deposit. NOTES: Tenants who move their trailer will also receive statutory relocation payment. ° The only combinable alternatives are 3 and 4. For example, if a tenant rented an apartment for 2 years while waiting for his or her unit to be complete, he or she would receive 2 years of rental assistance and 3 years of mortgage assistance. *Subject to approval of incentive package from Boynton Beach CRA. 7984 Scoring: Summary · Project size a) Head of Boynton Area (only) ............................ 20 points b) $3,000,000 Plus ............................................ 20 points · Type of project a) Multi-Family fee simple ownership units .............. 20 points · Project Location a) The Head of Boynton Area .............................. 20 points · Economic Impact a) Economic Impact Studies are waived in the Head of Boynton area and assigned ....................... 20 points · Affordable Access Incentive a) Residential Use ............................................. 20 points SUBTOTAL 120 Points · Project Quality .............................................. TBD Points TOTAL TBD Points 7985 Page 3 of 3 Nicole Shares U:\Memo's\Cornerstone Development 12 04.doc BOYNTON BEACH FAITH BASED COMMUNITY DEVELOPMENT CORPORATI¢ POST OFFICE BOX 337 · BOYNTON BEACH, FL 33425-0337 ° PALM BEACH COUNTY PHONE (561) 752-0303 ° FAX (561) 752-0302 BOYNTON VILLAGE MOBILE PARK Relocation Study Report PREPARED BY BOYNTON BEACtl FAITtt BASED COMMUNITY DEVELOPMENT CORPORATION FOR THE CORNERSTONE GROUP DECEMBER 2004 7986 SUMMARY A door-to-door survey of the residents of the East Boynton Mobile Home Park was conducted. Enumerators went door-to-door on several different occasions. Fifty three interviews of a possible 81 were conducted. Including four refusals 70% of the possible interviews were conducted. Thirty six own their homes, four are in a rent to own situation, and 13 rent their homes. The mobile homes in the park are fairly old. Only two were built after 1990. Nineteen were built before 1980. Thus physical ability to move the homes and the possibility of locating mobile home parks that would accept homes of such age if they can be moved, become issues. Twenty eight of the respondents indicated a preference to move to another mobile home park; 18 of them are owners. Respondents do not earn sufficient income to sustain a large increase in housing cost. They presently pay $380 or $385 (assume based upon date of lease) per month for their lots with hook-ups. Thus, they are accustomed to making some payment, but probably could not shoulder much more. Thirty four of the 50 households (68%) have an income of less than $25,000; three have an income of $25,000 while 12 reported income between $25,000 and $45,000. Only one renter indicated a household income of at least $25,000; the other 12 earn less than $25,000. 7987 INTRODUCTION, BACKGROUND, AND PARK DESCRIPTION The following is a report concerning a survey that was conducted of Boynton Village Mobile Home Park residents. The survey was conducted door-to-door by the Boynton Beach Faith Based Community Development Corporation on behalf of the Cornerstone Group of Coral Gables, Florida. Enumerators conducted interviews at several different times during the period December 9 - December 14: · Thursday, December 9, 3:30- 4:30 PM · Saturday, December 11, 10:00 AM - noon and 2:00 - 5:00 PM · Sunday, December 12, 4:00- 5:00 PM, · Monday, December 13, 4:30- 6:00 PM, and · Tuesday, December 14, 8:30- 10:00 AM. A total of 54 interviews were conducted. (Another three residents refused to be interviewed.) Additional information was obtained from the Property Manager. The vast majority of respondents were at least satisfied to be interviewed. A sizeable proportion seemed glad to be able to express an opinion on the situation. There are 92 slots in the trailer park and additional space for boat storage, the property office, pool, laundry room, and storage. Of the 92 slots, 11 are vacant. Thus, '70% of the possible interviews were either conducted or refused. Residents pay $380 or $385 per month for the lot or slab. The rental fee includes hook-ups, but not utilities. By and large the residents like living in the park because it is well managed, quiet, and clean. They feel that it is a safe environment with a true sense of community. The report is divided into four major sections: · The Mobile Homes in which the condition and age of the homes and whether the household owns, rents to ow.'n, or rents its mobile home are discussed; · Residents in which the household size and composition and income information are presented; · Relocation and Return discussing relocation needs, desire to return to the site upon completion of the Cornerstone project are cross referenced with other information: ownership/rental (tenure), family composition, and household income. · Closing Remarks where some inferences concerning relocation needs are drawn and prospect of returning to the location as an owner of a townhouse (or flat) is discussed. 7988 MOBILE HOMES The age of the mobile homes are discussed first. Then the tenure situation - own, rent to own, or rent - is discussed. Age of Mobile Home All but one of the mobile homes in the park are single wide and virtually all appear to be quite old, built in the 1970's. The home< have porches as well as patios and a small yard. About half of the 54 respondents don't know when their homes were built. Of the remaining 26 homes, 7 were built 1980 or later (two in the 1990's), 9 in the 1970's, and 10 in the 1960's. Age of Mobile Homes Decade Built 1960's 1970's 198o's/9O's Number 10 9 7 Tenure and Rent No matter the tenure, there is a monthly fee of $380 or $385 paid for each lot with hook- ups. Fifty three respondents indicated whether they own, rent to own, or rent their mobile homes. A total of 40 stated that they own their homes; four of the 40 rent to own. The monthly payment for rent to own residents varies widely: $140 to $350. The rents of the 13 renters also vary over $200, from $400 to $650 per month. Own Out Right 36 Tenure Situation, 53 Respondents Rent to Own 4 Rent 13 RESIDENTS This section has several pans. The first presents the length of time the mobile home park residents have lived in Boynton Beach and also the mobile park specifically. In addition, a tally of those who rent and have live in the park for at least one year is given. Household/family composition is presented in the second, income/employment in the third. Length of Residency Fifty two respondents indicated how long they lived in Boynton Beach. On average they have lived in Boynton Beach just over 8 years. The length of residency varied from one month to 48 years. Based upon respondents' answers, average length of tenure in the Mobile Home Park is slightly over 3 years. Similar to residency in Boynton Beach, the amount of time residing in the park has a large range: from one month to 8 years. Twenty one (21) of the respondents have been in the park for at least three years; four have been there for 8 years or more. '7989 Less than 1 Year Time Residing At the Mobile Home Park 1 - 2.9 Years 3 - 4.9 Years At Least 5 Years 13 16 12 11 Of the thirteen who rent, 12 indicated how long thev have lived in the Mobile Home Park. Of the 12, 6 have lived in the park for at least one ,,,'ear. Household Composition Fifty one of the respondents inforn~ed the enumerators of family size. Twelve of the residents indicated that there are children of school age in the household. (Several indicated that there were children above school age who lived in the household.) The vast majority (39 of 51 or 76%), stated that there are no children of school age who reside in their households. Twenty three indicated that he or she lives in a single person household. Six of the renters have school age children while six of those who own or rent to own have school age children in the household. Two (2 of 4) of those who rent to own have school age children. Income/Employment The respondents were asked if annual household income is more or less than $25,000; if more then if more or less than $45,000; if more then more or less than $65,000. Fifty respondents answered the series of questions. Thirty four of the 50 households (68%) have an income of less than $25,000; three have an income of $25,000 while 12 reported income between $25,000 and $45,000. One household reported an income between $45,000 and $65,000. The household of one of the respondents who rent earns more than $25,000 (one of 13 renters); the rest earn less than $25,000. Ten respondents reported that they work in Boynton Beach, 4 in Delray, 9 in other places in the tri~county (Dade, Broward, and Palm Beach), most especially West Palm Beach. For one reason or another some respondents indicated that at least one member of tine household is not employed - unemployed/laid off (7), retired (3), or on disability (4). Several other respondents stated that the female adult of the household is a stay-at-home mother. RELOCATION AND RETURN This section reports on the responses to questions concerning relocation when the Mobile Home Park would be evacuated for construction of the proposed townhouse community. Respondents were also asked whether they would like to return to the location of the Mobile Home Park to live in the proposed townhouse community once it was built. The responses to these questions are cross tabulated with tenure, the presence of school age children in the household, and household income. Preferences for Relocation and Return are cross tabulated in the "Return" sub section. Relocauon Relocation for the immediate future is an important issue for the Mobile Home Park Residents. Thus they were asked what type of housing they would prefer for relocation: 7990 4 · Mobile Home Park or · Apartment or townhouse. Forty three responded to this question. Eighteen said that they would prefer to move to another mobile park, 24 indicated that they preferred a townhouse or apartment, and 11 said that he or she had no preference. Many of the respondents qualified their preference by stating that it depended upon what they could afford. Relocation Preference, 43 Respondents Mobile Home Park Apartment of Townhouse No Preference 18 24 11 Relocation and Tenure The owners and renters displayed different preference rates for the relocation alternatives. Fourteen of those who would prefer to relocate to another park own their mobile homes, while four rent. Over half the owners would prefer to move to a mobile home park. In comparison, 17% of renters would prefer to relocate to a mobile home park. The tables below summarize the preference of those who chose one of the alternatives ("Don't care/no preference" excluded). Several of the owners indicated that their homes could be moved; more said that they that his or her home could be moved. Relocation Preferences of 30 Owners Mobile Home Park 16 Townhouse or Apartment 14 Relocation Preferences of 12 Renters Mobile Home Park [ Townhouse or Apartment 2 i 10 Relocation and Children Twelve of the respondents indicated that they had children of school age in the household. Seven of the 12 stated that they would prefer to relocate to an apartment or townhouse. Relocation and Income Four of the respondents who would like to relocate to an apartment or a townhouse have a household income of greater than $25,000. None that earned at least $45,000 so indicated. Return Thirty eight of the respondents expressed a prelerence to return to the Mobile Home Park location once the townhouse community is constructed: 7991 * 28 indicated that the5' would like to return and · 9 said that they v,'ould not like to return. Fourteen of the respondents stated that he or she had no preference. Return and Tenure Eighteen (18) of the 28 who indicated a preference to return are owners, while 10 rent their mobile homes. Thus, half the respondents who own their mobile homes would like to return to the site as an owner of a townhouse or apartment. In comparison, the vast majority of renters (10 of 13, almost 77%) would like to return. Return and Household Composition Seven (7) of the 12 households with children would like to return to the present location. Three of the 7 are owners. They represent 25% of the respondents who would like to return. Return and Income Seventeen (17), or 60%, of the 28 that would prefer to return represent households with income less than $25,000. The 17 are one-half the total of household with income of less than $25,000. Relocation and Return Seven of the respondents who expressed a preference to return would initially prefer to relocate to a mobile home park. They represent 25% of the respondents who would like to return. Thirteen of those who indicated that they would prefer to relocate to a townhouse or apartment also stated that he or she would prefer to return to the present site. CLOSING COMMENTS Concerning the residents of the present Mobile Home Park there are two major challenges created by the proposed project as regards relocation and return: · Condition of the mobile home and · Income. Residents, although upset, seem generally resigned to being required to move. They would like some assistance beyond that which the state requires, but don't seem to expect very much consideration. Mobile Home Condition Many of those xvho live in the Park would prefer to relocate to another park. The age of the mobile homes (almost all were built before 1990) hints that moving the homes might not be possible. The owners are aware of their precarious situation. Those who are still making payments under a rent-to-own situation are particularly distressed about the inability to move their homes. Complicating matters, many mobile home parks v, ill not accept homes thc age of most of those found in the park. Thus, a payment schedule should be determined for those who own trailers that cannot be moved. The schedule could be based upon the age of the trailer and condition plus some relief towards the 7992 purchase of a replacement trailer. In addition, residents could use help in getting admitted into another park with homes that are older than usually accepted by the park. Complete replacement is an unrealistic option. Income Most of the households that reside in the park do not have sufficient income to support rents much higher than they already pay. Even those who own their homes still must pay $380 or $385 per month for lot rental. They must also pay for utilities. Still, given area rents, they are in a weak position. Their relatively low incomes have an effect on the immediate relocation situation and the possibility of returning to the location to own a townhouse. Meeting The residents resented being closed out of the information loop. Most welcomed the opportunity to speak to the enumerators for this study. They wanted to express their opinions and concerns. A meeting prior to the scheduled January 11 CRA Commission meeting should be organized for Mobile Home Park residents. At that meeting the assistance that will be given should be reviewed. In addition, information concerning the apartments owned by Cornerstone - location, cost, etc. -- and Section 8 housing should be available at the meeting. 7993 VIII. New Business 7994 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. BOYNTON BEACH BOYNTON BEACH CRA AGENDA ITEM REQUEST FORM Requested CRA Date Final Materials Must be Requested CRA Meeting Dates Turned Meeting Dates into CRA Office [] January 11,2005 December 28, 2004 (Noon.) [] July 12, 2005 [] February 8, 2005 January 25, 2005 (Noon) [] August 9, 2005 I March 8, 2005 February 22, 2005 (Noon) [] September 13, 2005 [] April 12, 2005 March 29, 2005 (Noon) [] October 11,2005 [] May 10, 2005 April 26, 2005 (Noon) [] November 8, 2005 [] June 14, 2005 May 31,2005 (Noon) [] December 13, 2005 NATURE OF AGENDA ITEM · Consent Agenda [] Old Business [] Director's Report [] New Business Date Final Materials Must be Turned int.__.qo CRA Office June 28, 2005 (Noon) July 26, 2005 (Noon) August 30, 2005 (Noon) September 27, 2005(Noon) October 25, 2005 (Noon) November 29, 2005 (Noon) [] Legal [] Future Agenda Items [] Other Item DATE: March 6, 2005 SUBJECT SUMMARY PARAGRAPH: Staff has attached proposed contract for WI-FI wireless technology in the Central Business District and the Heart of Boynton. The CRA and the City of Boynton Beach IT Department are proposing partnering together to install a wireless network to support downtown redevelopment goals and provide a valuable amenity for residents, workers and visitors. The WI-FI network will also provide service to the low-income areas within the Boynton Beach area at no cost to the residents and businesses. Citizens, business and organizations with wireless technology will be able to access email and browse the web over the intemet through the coverage area. The system bridges the technology income gap in the CRA area. Kids will have critical linkage to school and tutoring at home and access to internet resources connecting them to the world, without their parents having to be concerned about cost. RECOMMENDATION: Staff is recommending the approval of the one year contract for the WI-FI Technology. EXPLANATION: (Background of the issue: Who, What, Where, When, How, Etc.) Wireless transmitters will be set up for Intemet access in specific corridors of the CRA Boundaries to provide a variety of public and mission critical applications such as public safety, database access, residential, business and mobile user intemet access, video surveillance and automated meter reading. The WI-FI network is expected to proved coverage within a 3.5 square mile area in the CRA. The WI-FI program will also provide public safety. Fire and Police departments will benefit form the broadband network throughout the city, allowing police officers equipped with wireless laptops and PDA's to access data and write reports in their cars and/or on the street, eliminating the need to return to the office. Additionally, this will expand the police presence on city streets to deter crime. Finally, citizens will have access to call boxes positioned in key areas to report crimes or questionable activity within their areas to the police. This technology will decrease response times and reduce crime. FISCAL IMPACT: The fiscal impact would be a one time non-recurring charge of $4,200 and a monthly charge of $3,100 for a 802.11 wireless access broadband intemet access within the coverage are listed in the contract. ALTERNATIVES: The alternative would be not to pursue the WI-FI tectmolo~v at this time -' J/'-C~ Staff 7995 ~"'-~ D°~Vas Hutchinson, ~ ~ector Susan's Shares V:\memos\CRA Agenda Item Request for WI-FI.doc 7996 Doug's Shares M ~Wl-gl',The C~ty of Boynlon Beach CRA W~reless doc Insert WI-FI Contract Here Pages 7997 to 8004 CRA Agreement This City Agreement (the "Agreement") dated as of , 2005 ("Effective Date") between PTLLC Acquisition Co., LLC, a Delaware limited liability company, with offices located at 100 Second Avenue South, Suite 400 South, St. Petersburq, FL 33701 (hereinafter called "Provider") and Community Redevelopment Aqency (CRA), having offices located at 639 East Ocean Ave, Suite 103, Boynton Beach, FL 33435 (hereinafter called "Customer") shall remain in effect for a period of twelve (12) months beginning on the Effective Date (the "Term"). Provision of Services Provider will provide to Customer shared broadband access to the location(s) identified in Schedule A of this Agreement in exchange for Customer's payment of fees and compliance with the terms and conditions of this Agreement. Any orders for services that extend beyond the Term shall remain subject to the terms and conditions of this Agreement as if the Term had not expired. Customer will provide routers and other security devices for connecting locations. Provider will provide the bandwidth to the given location(s) as specified in Schedule A that Customer will use to connect to Customer provided equipment. The connection will be deemed complete when the Provider has delivered the link to Customer. Customer represents and warrants that it is a tax exempt municipality. Equipment and Installation for Service Provider shall supply adequate equipment to provide the services it has agreed to provide herein. All equipment supplied by Provider will at all times remain the property of Provider. The Customer may not sell, transfer, lease, encumber or assign all or part of the equipment to any third party. The Customer shall pay for the full cost of the repair or replacement of any lost, stolen, un-returned, damaged, sold, transferred, leased, encumbered or assigned equipment or part thereof, together with any costs incurred by Provider in obtaining or attempting to obtain possessions or replace any such equipment. On expiration or termination of this Agreement or any service provided pursuant to this Agreement, the Customer authorizes Provider to retrieve from the Customer's premises the equipment for appropriate disposition, with prior notice. During the term of this Agreement, for purposes of the placement and maintenance of Provider's communications equipment and cabling, and interconnecting such Provider equipment to its network to provide the services, (i) Customer grants Provider the right free of charge to occupy portions of Customer's facilities and real property, including, but not limited to, the right to place antennas and other equipment on Customer's facilities and real property, and (ii) Customer agrees to secure from third parties, on behalf of Provider, substantially equivalent access rights, if required for Provider to deliver Customer's service. Provider shall be given adequate power for its equipment without charge and the right to pass through third party traffic. Provider shall be permitted twenty-four (24) hours a day, seven (7) days a week access to the space where its equipment is located, subject to reasonable documented rules of Customer or the third party governing such access. Provider and Customer agree that outside of normal business hours, Provider shall give Customer four (4) hours' advance notice of its desire to access any such space. Customer shall provide Provider with written notice of any proposed modifications to any such rules thirty (30) days prior to any such modifications being implemented, which changes shall not be implemented unless Provider consents to the proposed modifications. Service Level Aqreement (SLA) C:\Susan_shared files\contracts\Boynton Beach CRA WI FI Contract-/~7 Page of 7 Should Customer experience a material degradation of service, Customer shall advise Provider of the material service degradation at the time it occurs, and Provider shall have twenty-four (24) hours to address such service deficiency from the time of notification. A material degradation of service is an occurrence that significantly impairs the ability of Customer to transmit and/or receive data. Mean Time to Respond (MTTR) On a monthly basis, Provider's MTTR to' notifications, if any, from Customer of any material degradation of service will be four (4) hours. Use of Material Customer assumes all risks and liabilities associated with material downloaded or uploaded using Provider's network, including, but not limited to, confidentiality limitations, content limitations (such as liability for libel, defamation, invasion of privacy, or a violation of indecency and/or obscenity restrictions), copyright restrictions, trademark restrictions, service mark restrictions, trade secrets, patent restrictions or any other intellectual property tangible or intangible rights associated with material. Use of Services Customer understands and agrees that this service may be utilized solely for lawful purposes and the use of this service in connection with or as an adjunct to any other product or service that violates any municipal, county, state, federal or foreign law or regulation is expressly prohibited. Customer agrees that its use of the services herein shall not infringe upon the use by other customers of Provider's network unless specified for emergency situations. Should Customer violate any provision of this Section, Provider, at its sole discretion, may immediately suspend the services while giving notice of such suspension contemporaneously therewith or as soon as possible thereafter and/or issue a default notice to Customer pursuant to the Section entitled "Default," in which case the provisions of that Section will apply to said violation. Fees Recurring and non-recurring fees shall be as set forth in Schedule A. All fees are due net thirty (30) days from the invoice date and after that date are subject to a late payment charge of eighteen percent (18%) per annum calculated from the due date until the date of payment. Account Termination Customer may terminate this Agreement or any service provided pursuant to this Agreement prior to the expiration of its term by submitting a written notice to Provider no less than thirty (30) days prior to the requested date of termination of the Agreement or service. For any service(s) termination pursuant to this Section, Customer shall pay to Provider a termination fee equal to seventy five percent (75%) of the remaining monthly recurring fees due for the service during the first year of the service term and fifty percent (50%) of the remaining monthly recurring fees due for the service after the first year until the end of their service term. The termination fee along with any other unpaid fees then due, shall be paid within thirty (30) days of the termination notice. Any such payment(s) not made within this thirty (30) day period will be subject to a late payment charge of eighteen percent (18%) per annum calculated from the due date until the date of payment. Notwithstanding anything else to the contrary in this paragraph, for any multi- year order, Customer may terminate the services effective on the twelve (12) month or twenty- four (24) month anniversary from the commencement of billing, without further liability for the services, if Customer does not obtain necessary budget and/or appropriations approval from the CRA Board to continue the services. C:\Susan_shared files~contracts~Boynton Beach CRA WI FI Contract-/~8 Page of 7 Indemnification Each Party shall indemnify, defend and hold harmless the other from and against any and all liabilities, claims, damages, losses, costs, expenses and judgments arising out of or in connection with bodily injury (including death) or damage to tangible property caused by the negligence or willful misconduct of the indemnifying Party, its employees, directors, officers, agents or invitees. In addition to its obligations pursuant to this Section, as outlined above, Customer shall indemnify, defend and hold harmless Provider from and against any and all (i) proceedings to recover taxes, fines or penalties for failure of the Customer to obtain or to maintain in effect any necessary certificates, permits, licenses, approvals, authorizations or other authority, whether federal, state or international, to use the service required to be obtained or maintained by Customer under applicable law; (ii) libel, slander, copyright infringement, patent infringement or unauthorized use of a trade secret, trademark, trade name, or service mark by Customer; and (iii) any and all claims of Customer's end users, if any, that use the service through Customer, and any and all third party claims resulting from Customer's use of the service. LIMITATION OF LIABILITY/DISCLAIMER OF WARRANTIES Except as otherwise specifically set forth in this Agreement, neither Party shall be liable to the other Party for any direct or indirect, consequential, special, incidental, reliance or punitive damages of any kind or nature whatsoever (including, but not limited, to any lost profits, lost revenue, lost savings, or harm to business), regardless of the forseeability thereof, whether based upon statute, contract, tort, negligence, strict liability or otherwise. Each Party hereby releases the other Party, its subsidiaries and affiliates, and their respective officers, directors, managers, members, employees and agents from any such claim. The limitations set forth in this Section shall not limit Customer's indemnification obligations hereunder with respect to third party claims against Provider as set forth in the Indemnification Section above. Provider makes no oral or written warranties or representations, express or implied, in fact or in law, and all other warranties, whether express, implied or statutory, including, without limitation, warranties of merchantability or fitness for a particular purpose, are hereby excluded and disclaimed. Nothing contained in this Agreement shall constitute a waiver of Customer's sovereign immunity or the provisions of Section 768.28, Florida Statutes. Disclaimer Provider assumes no responsibility for the content contained on the Internet. Provider discloses and Customer acknowledges that there may be content on the Internet or otherwise available through the services provided by Provider, which may be offensive to some individuals, which may not be in compliance with local, state or federal laws, rules or regulations, including, but not limited to, pornographic or otherwise inappropriate sexually explicit or offensive content. Customer acknowledges that its use of Provider's services to access information, content or other services is at its own risk. Governing Law The laws of the State of Florida shall govern the terms of this Agreement. Except as provided herein, each of the Parties are authorized to enforce the terms of this Agreement in a court of law in Palm Beach County, Florida and may seek all remedies available at law and in equity. The non-prevailing Party in any such litigation will pay the prevailing Party's costs and reasonable attorneys' fees, including fees incurred through any appeals. C:\Susan_shared files\contracts\Boynton Beach CRA WI FI Contract')~0 Page of 7 Assignment Neither Party may assign this Agreement without the other Party's consent, which consent shall not be unreasonably withheld, provided, however, that no consent shall be required for assignment by Provider to an entity that either controls or is controlled by or is under common control with Provider; or to an entity which succeeds to all or substantially all of Provider's assets whether by merger, sale or otherwise. Default If Customer fails to pay for services rendered hereunder, under the terms as provided herein, Provider may, at its sole discretion, issue a default notice to Customer demanding the default condition to be cured. If the default condition is not remedied within the time period specified in the notice letter, which shall not be less than five (5) business days, Provider may then, without the necessity of any further notice, discontinue performance and terminate this Agreement and pursue any other remedies' available at law or in equity including, without limitation, unpaid overdue fees plus interest and costs, and any applicable early termination fee as set forth in the Section entitled "Account Termination." Provider's failure to exercise any of its rights hereunder shall not constitute or be construed by Customer as being a waiver of any past, present, or future right or remedy. Each Party at its own expense, shall keep in force and at all times maintain during the term of this Agreement: (a) Public Liability Insurance: Public Liability Insurance, issued by responsible insurance companies and in a form acceptable to the Customer, protecting and insuring against all the foregoing with coverage limits of not less than Five Hundred Thousand Dollars ($500,000) for Bodily Injury and Property Damage. (b) Automobile Liability Insurance: Automobile Liability coverage shall be in the minimum amount of Three Hundred Thousand Dollars ($300,000) combined single limits for Bodily Injury and Property Damage (Provider only). (c) Workers' Compensation Coverage: Full and complete Workers' Compensation Coverage, as required by State of Florida law, shall be provided (Provider only). (d) Insurance Certificates: Each Party shall provide the other Party with Certificate(s) of Insurance on all the policies of insurance and renewals thereof in a form(s) acceptable to the Customer. Said Public Liability policy shall provide that the non-insuring Party be named as an additional insured. The non- insuring Party shall be notified in writing of any reduction, cancellation or substantial change of policy or policies at least thirty (30) days prior to the effective date of said action. All insurance policies shall be issued by responsible companies who are licensed and authorized to do business under the laws of the State of Florida. Force Majeure Neither Party shall be held liable for any delay or failure in performance of any part of this Agreement from any cause beyond its reasonable control and/or without its fault or negligence, C:\Susan_shared files~contracts\Boynton Beach CRA WI FI Contract0 Page of 7 including, without limitation, acts of God, acts of civil or military authority, government laws, rules or regulations, embargoes, epidemics, war, terrorist acts, riots, insurrections, fires, explosions, earthquakes, nuclear accidents, floods, cable or fiber cuts, strikes of Party or its affiliates, power blackouts, volcanic action, other major environmental disturbances, unusually severe weather conditions or hurricanes. Confidentiality/Publicity Subject to the Public Records Law (Chapter 119, Florida Statutes), the Government in the Sunshine Law (Section 286.011-286.26, Florida Statutes), and any and all other relevant statutory provisions, this Agreement is subject to the terms and conditions of the Mutual Confidentiality Agreement entered into between the Parties contemporaneously herewith. Customer shall not make any public announcement or issue any press release regarding this Agreement without the prior written consent of Provider. Entire Aqreement This Agreement constitutes the entire Agreement between the Parties and no other representations or statements will be binding upon the Parties except as evidenced by a signed amendment to this Agreement. If any part of this Agreement is held to be invalid or unenforceable for any reason, the remaining terms and conditions of this Agreement shall remain in full force and effect. PTLLC Acquisition Co., LLC CRA By: By: Name: Name: Title: Title: Date: Date: Provider and Customer may be referred to individually as "Party" or collectively as "Parties." NOTICE INFORMATION All written notices required under this Agreement, except as specifically set forth in the Appendices hereto, shall be sent to the following: To: PTLLC Acquisition Co., LLC 100 Second Avenue South, Suite 400S St. Petersburg, Florida 33701 Facsimile: (727) 471-5311 Attention: Contract Management To: Facsimile: Attention: C:\Susan_shared files\contracts\Boynton Beach CRA WI FI Contrac~)] Page of 7 CRA Agreement Schedule A WiFi Zone: Pilot Term: 6 months Termination process during Pilot Term: 6 Month Pilot Term: 36 months Desired WiFi Coverage Area: Martin Luther King Blvd and park, CRA and Marina area to the East of Park as well as Federal Highway to the West, Boat Park and camera located on Premise, Marina, Federal highway as accessed from tower at South Side of CRA (Federal and Se 2nd Avenue). Requested Aggregate Access Capacity: 3 MB Monthly recurring charge: $ 3,100 Non-recurring charge: $ 4,200 (non-refundable) Provider will deliver wireless 802.11 access for broadband internet access within the coverage area listed above. If requested in writing, Provider will also supply Customer with a map outlining the areas of coverage and optimum signal saturation. Associated WiFi Services Services - Provider will provide open an 802.11 coverage in the area outlined above. Where practical, the antennas will be located at street level. Excessive Use - If requested by Customer, Provider can limit usage by setting time usage restrictions on access. Registration - If requested by Customer, Provider will set up a registration system for all users utilizing the network. Surveys - Provider will provide the ability for Pilot Project users to participate in an opt-in survey, content to be provided by Customer. Provider will retain survey information and results for a period of 90 days following completion date of the Pilot Project. Technical Support Telephone Number - Provider will provide a designated technical support telephone number, which will be prominently placed on the initial sign-on page. Provider will be the sole and primary contact for customer service inquiries. Network User Instructions - Provider will provide network user instructions that Customer will be able to post on its website and use in promotional materials. Disclaimer - Provider will display Customer's disclaimer and acceptance indicator on the initial sign-on page. No advertising, commercial promotions, etc. - Unless expressly authorized by Customer, there will be no advertising, commercial promotions, etc. on the Internet access being paid for by Customer, with the exception of acknowledgement of Provider as the service provider ("Service provided by Provider"), contact information for service provider and the designated technical support telephone number provided by Provider. Provider will provide Customer the logo and phone number. Reporting Utilization Data - Provider will provide real time reports to Customer showing the number of users online. Provider will also provide to Customer any and all available audit logs of transactions related to the Pilot Project and will provide Customer with access to any and all other available information related to the Pilot Project that it may request. Such information will at a minimum include frequency of use, duration of use, time of day, sites visited, duration of each site visited and the kilobytes downloaded from each site. Provider will provide the information to Customer on a monthly basis (within 30 days of month end) on a CD/DVD medium or in electronic format. In addition, Provider will make good faith efforts to provide Customer with user data that may be requested periodically during the course of the Pilot Project. Data will be stored by Provider for one (1) year. CRA Agreement Schedule A Provider will assist Customer to create, measure and analyze consumer response to online and offline marketing activities. Online Monitoring of Utilization - Customer will have the capability to monitor online broadband utilization to determine how much of the available broadband is being utilized. All research, data and findings performed by Customer shall be the sole property of Customer. Marketing and Promotional Materials - Customer shall market the Pilot Project, including press releases, in a manner that will give acknowledgement to Provider as the service provider. All promotional materials, press releases or public statements issued by Provider that references Customer of City of Boynton Beach as a customer and/or the Pilot Project shall be subject to written approval by Customer prior to issuance or publication. Designated Contacts. For the services to be provided pursuant to this Addendum, Customer designates the following person as the primary contact for Provider: Contact Name: Contact Phone: Contact Cell: Contact e-mail: Use of Material: Use of Services: Provider will display a disclaimer and acceptance indicator on the initial sign-on page. Users will assume all risks associated with use of Provider's network. Users will be responsible for using the service for lawful purposes. BOY1 4TON BEACH BOYNTON BEACH CRA AGENDA ITEM REQUEST FORM Requested CRA Date Final Materials Must be Requested CRA Meeting Dates Turned Meeting Dates into CRA Office [] January 11, 2005 December 28, 2004 (Noon) [] July 12, 2005 [] February 8, 2005 January 25, 2005 (Noon) [] August 9, 2005 March 8, 2005 February 22, 2005 (Noon) [] September 13, 2005 [] April 12, 2005 March 29, 2005 (Noon) [] October 11,2005 [] May 10, 2005 April 26, 2005 (Noon) [] November 8, 2005 [] June 14, 2005 May 31,2005 (Noon) [] December 13, 2005 Date Final Materials Must be Turned int___qo CRA Office June 28, 2005 (Noon) July 26, 2005 (Noon) August 30, 2005 (Noon) September 27, 2005(Noon) October 25, 2005 (Noon) November 29, 2005 (Noon) NATURE OF [] Consent Agenda [] Old Business [] Legal AGENDA ITEM [] Director's Report · New Business [] Future Agenda Items [] Other Item DATE: March 4, 2005 SUBJECT SUMMARY PARAGRAPH: Staff requests formal direction to develop agreements for the acquisition, restoration, maintenance, operations, and adaptive re-use of the 1929 Historic Old High School Building and site from the City of Boynton Beach; and that the final agreement be brought to the CRA Board for approval. The City's consideration of the agreement is set for April 5t~, 2005. RECOMMENDATION: The Staff seeks direction to develop DRAFT documents with CRA legal counsel and present a CRA DRAFT document at the April City Commission meeting. The CRA Board would review the DRAFT prior to forwarding at the City Commission. EXPLANATION: (Background of the issue: Who, What, Where, When, How, Etc.) It was the consensus of the Board at the CRA workshop to proceed with developing a proposal for the CRA to take over the Old High School from the City of Boynton Beach. FISCAL IMPACT: The CRA is proposed to contribute $2 million over the next 2 years. The workshop budget concept has provisions for this expenditure. The investment of 20% to 30% will insure a high matching ratio to attract other funds and resources. However, the CRA funds and pledges of in-kind contributions assure that the first phases of building renovations and operation will be successful without additional contributions. ALTERNATIVES: The alternative is to not pursue acquiring the Old High School from the City. 8005 C:\Monet_Nicole Shares~Agenda\CRA Agenda Item Request - Old High School.doc Memo: To: From: Re: Date: BOYNTON BEACH CRA Board Members Doug Hutchinson Old High School March 7, 2005 At the CRA workshop meeting, the consensus of the CRA Board is for the CRA if granted, to assume ownership and head the adaptive reuse restoration of the Old High School building. The recommendation is to partner with the Board for the Children's Museum to help with the restoration and maintenance of the property and develop additional strategies that logically support the use of the structure. The project is eligible for matching funds to cover the underwriting of the capital rehab. The City's contribution to date of $300,000 and the CRA's proposed $2 million investment over the next two years is proposed as the 20% to 30% match of the project's $4.5 to $5.5 million adaptive rehab costs. This match percentage is high and will afford very competitive scoring to secure outside foundation funding. Several possible uses for the Old High School include: Offices for the CRA, major traveling exhibits, museum/tourism stores, cafe's and community access TV studio's which enhance the Cultural Boards activities. These revenue sources are forecasted to be adequate in generating revenue to cover ongoing operating expenses for the building. 8006 C:Wlonet_Nicole Shares~JVlemo's'~lemo - Old High School 2_05.doc This project has been projected in the proposed "Re-phased" 5 year budget. The budget also retains surpluses and an operating reserve of 20% of the previous year's TIF revenue. Note that this is in addition to our required bond reserve. Therefore the CRA can take on this project as well as our other current and proposed projects. The CRA Staff assignments and resources have been developed as presented at the workshop to accommodate this specific workload. Staff has over 20 years of experience with this type of project including several national recognitions; therefore in-house expertise can successfully move this project forward. Old High School Project Rollout 1. Acquire Building and Site from City 2. Develop Partnership Agreements with Other Entities and establish project team to guide project completion. 3. RFQ to secure Restoration Architect and other Needed Specialists 4. Develop A Building Use Layout 5. Develop Project Phasing/Budgeting and Restoration Construction Schedule 6. Grant Funding Strategy and Requests Executed 7. Bid Restoration Construction 8. Phase I Renovation and Adaptive Re-Use Begins Staff requests formal direction to develop agreements for the acquisition, restoration, maintenance, operations, and adaptive re-use of the 1929 Historic Old High School Building and site from the City of Boynton Beach; and that the agreement be brought to the CRA Board for final approval. The City's consideration of the agreement is set for April 5th, 2005. 8O07 C:Wlonet _Nicote Shares\Memo's\Memo - Old High School 2 05.doc BOYNTON BEACH BOYNTON BEACH CRA AGENDA ITEM REQUEST FORM Requested CRA Date Final Materials Must be Turned Requested CRA Meeting Dates into CRA Office. Meeting Dates [] January 11, 2005 December 28, 2004 (Noon.) [] July 12, 2005 [] Februa~, 8, 2005 January 25, 2005 (Noon) [] August 9, 2005 I March 8, 2005 February 22, 2005 (Noon) [] September 13, 2005 [] ,april 12, 2005 March 29, 2005 (Noon) [] October 11, 2005 [] May 10, 2005 April 26, 2005 (Noon) [] November 8, 2005 [] June 14, 2005 May 31, 2005 (Noon) [] December 13, 2005 Date Final Materials Must be Turned int___qo CRA Office June 28, 2005 (Noon) July 26, 2005 (Noon) August 30, 2005 (Noon) September 27, 2005(Noon) October 25, 2005 (Noon) November 29, 2005 (Noon) NATURE OF [] Consent Agenda [] Old Business [] Legal AGENDA ITEM [] Director's Report I New Business [] Future Agenda Items [] Other Item DATE: March 4, 2005 SUBJECT SUMMARY PARAGRAPH: The CRA has received 4 RFQ's in response to the Request for Qualifications to perform a Hotel Feasibility Study for a Central Business Distdct Hotel. The study is to define the recommended size, quality, pdce tier, scope of services and facilities for a full service hotel. RECOMMENDATION: The recommendation of the Hotel Feasibility Study Selection Committee is in favor of HVS International. Staff further requests the award of the professional services contract presented by HVS. EXPLANATION: (Background of the issue: Who, What, Where, When, How, Etc.) The Request for Qualifications for the Hotel Feasibility Study was posted in the Palm Beach Post and the Sun-Sentinel and ran 2 times. The opening date was February 8th, 2005 and the Selection Committee members Diana Johnson, Doug Hutchinson and Lou Frazer met on February 17th, to discuss their findings. Member Marie Horenburger submitted her scoring by fax. The RFQ, responses and individual Selection Committee scoring sheets are available in the CRA office. FISCAL IMPACT: The funds are available for the study within the contracted service budget line item. The estimated costs is $30,000 as per attached contract. ALTERNATIVES: The alternative is to not perform the study. · , Douglas Hutchinson, CRA Director 8008 C:Wlonet Nicole Shares~genda\CRA Agenda Item Request - Hotel Feasibility Study.doc 2-25-05 Douglas Hutchinson Boynton Beach Community Redevelopment Agency 639 East Ocean Avenue Suite 103 Boynton Beach, FL 33435 561-737-3256 561-737-3258 Fax Re: Full Service Hotel Feasibility Study for the Boynton Beach Central Business District Boynton Beach, Florida Dear Mr. Hutchinson: Pursuant to your request, we are pleased to enclose a proposal for our services pertaining to the above-captioned topic. The proposal sets forth a description of the objectives and scope of the assignment, an estimate of the time requirements and a schedule of professional fees. A summary of the proposal's salient data is as follows: Type of Assignment: Full Service Hotel Feasibility Study Property Location: Boynton Beach CBD, Boynton Beach, Florida Phase I: Fieldwork Phase II: Analysis Phase III Written Report Timing for Phases I to III: 60 to 90 Days from Signed Proposal Date Total Fee (Phases I, II, III) $30,000 Retainer: $18,000 8010 Additionally, for your convenience we have enclosed an invoice for the retainer. If the proposal meets your acceptance, please sign and return one copy of this agreement, together with your retainer check. If you have any questions regarding the contents of the proposal, please do not hesitate to contact me. We look forward to working with you on this assignment. Very truly yours, Kathleen Conroy, MAI Managing Director, HVS International President, CHR Consulting Services, Inc. enclosures 8011 INVOICE FOR RETAINER Retainer Invoice Date: 2-25-05 Assignment Reference: Full Service Hotel Feasibility Study for the Boynton Beach Central Business District, Boynton Beach, Florida Billed To: Douglas Hutchinson Boynton Beach Community Redevelopment Agency 639 East Ocean Avenue Suite 103 Boynton Beach, FL 33435 561-737-3256 561-737-3258 Fax Please Remit to: HVS International HVS Taxpayer ID #65-0817700 Please contact us directly for wiring instructions $18,000 We appreciate your business! Total Due for Project $18,000 Commencement HVS International 8925 SW 148th Street, Suite 216 Miami, Florida 33176 (305) 378-0404 Tel. (305) 378-4484 Fax 8012 Proposal for Full Service Hotel Feasibility Study For the Boynton Beach Central Business District Boynton Beach, Florida Submitted 10: Douglas Hutchinson Boynton Beach Community Redevelopment Agency 639 East Ocean Avenue Suite 103 Boynton Beach, FL 33435 561-737-3256 561-737-3258 Fax Prepared by: HVS International 8925 SW 148th Street, Suite 216 Miami, Florida 33176 (305) 378-0404 Tel. (305) 378-4484 Fax 8013 2-25-05 HVS International, Miami, Florida Proposal 2 Proposal for Full Service Hotel Feasibility Study Objectives Phase One: Fieldwork Pursuant to our conversation, we are pleased to submit this proposal for services of CHR Consulting Services, Inc. doing business as HVS International, and hereinafter referred to as HVS International or HVS in connection with a full service hotel feasibility study for the Boynton Beach Central Business District, Boynton Beach, Florida. This letter sets forth a description of the objectives and scope of the assignment, an estimate of the time requirements and a schedule of professional fees. The objective of this assignment is to perform a full service hotel feasibility study for the above-captioned property. Specifically, based on the results of our market demand analysis, HVS will determine the timing and phasing (if applicable) upon which the hotel should be built, its suggested size, quality tier and price tier, and the recommended services and facilities to be contained therein. Finally, based on these concluded 'elements' of the study, we will subsequently develop multi-year financial projections for the hotel from its opening through its achievement of a stabilized level of occupancy and operations. In order to accomplish the objectives described above, our work will be conducted in three phases, which typically include the following steps: 1. We will meet with you and/or your representatives to discuss our study in more detail and formulate a schedule for performing the fieldwork. At this time, we will gather any information from you that may assist us in performing this assignment. 2. The physical orientation of the Boynton Beach CBD market area with respect to access and room night demand generators will be analyzed. 3. The demand for transient accommodations will be investigated to identify the various generators of visitation operating within the local market. The current and anticipated potential of each of these market segments will be evaluated to determine the extent of existing and future demand. Interviews with officials of business and government, as well as statistical 8014 HVS International, Miami, Florida Proposal 3 Phase Two: Analysis data collected during the fieldwork, are useful in locating and quantifying transient demand and the trends related thereto. 4. The market orientation of nearby lodging facilities will be evaluated to determine their competitive position with respect to the proposed subject full service hotel. Those properties displaying similar market attributes will receive a physical inspection, along with selective management interviews, to estimate levels of occupancy, room rates, market segmentation and other pertinent operational characteristics. Some of the competitive factors that will be specifically reviewed include: location, type and quality of facilities, physical condition, and chain affiliation. 5. Statistical data relating to general economic and demographic trends often foreshadows future potential for market areas and neighborhoods. Interviews with local Chambers of Commerce, economic development agencies and other related organizations, along with an investigation of the proposed subject's primary market area will reveal patterns reflecting growth, stability or decline. 6. Through interviews with hotel operators, developers, governmental officials and others, we will ascertain the status of projects under construction, proposed or rumored which might be competitive with the proposed subject property. Based on the data and information gathered during the fieldwork phase, we will first perform a supply and demand analysis (also known as a room night analysis) for the subject property. The supply and demand analysis typically encompasses the following steps: a) Using the occupancy levels and market segmentations of the competitive properties, the number of room nights actually accommodated in each segment is calculated. This yields the accmnmodated room night demand. b) Latent demand (which consists of unaccommodated and induced demand) is estimated for each market segment. c) Room night demand growth rates are projected for each of the market segments. d) The total usable room night demand (which consists of usable latent demand and accommodated demand) is projected. e) The area's guestroom supply and total room nights available are quantified for each projection year. 8015 HVS International, Miami, Florida Proposal ,t f) The estimated overall competitive occupancy is forecast for each projection year. g) Using penetration rates and/or competitive indexes, the relative competitiveness of each of the competitive hotels is evaluated. h) The proposed subject full service hotel's market share, number of room nights captured, and occupancy levels are quantified based on its perceived competitiveness relative to the other lodging facilities in the market. i) This analysis will result in an estimate of the annual occupancy level capable of being achieved by the subject hotel. j) By the use of a competitive positioning analysis, we will next estimate the most likely average rate positioning capable of being achieved by the subject hotel. Based on our estimated occupancy and average rate positioning of the subject hotel, and utilizing actual revenue and expense statements from comparable lodging facilities, we will develop revenue and expense estimates for the proposed subject hotel. This projection of revenues and expenses will be made for either a five or ten-year period, depending upon our estimated stabilized time frame. Our projected financial projections will be organized in accordance with the Uniform System of Accounts for Hotels and will reflect all major revenue sources/categories, departmental expenses, unallocated expenses, and fixed charges. Phase Three: Written Report Documentation of our fieldwork, analyses, financial projections, and recommendations (i.e. number of rooms to build, any phasing issues, quality and price tier positioning, and recommended services and amenities) will be set forth in our written business report. When appropriate, we will include graphics such as photographs, maps, surveys, plans and charts to assist in visualizing our findings. 8016 HVS International, Miami, Florida Pro?osal 5 Timing We anticipate that the preparation of the full service hotel feasibility study written report can be completed within approximately 60 to 90 days of your execution of this agreement and our receipt of all requested information. Professional Fees Our fee for the fieldwork, analysis and preparation of the full service hotel feasibility study will be $30,000, with $18,000 requested upon your execution of this agreement. Our total professional fee includes all of our travel and related expenses that are anticipated to be incurred in performing this study. The remainder of the professional fee of $12,000 is due upon delivery of the report. This final billing is due and payable within 30 days of receipt, after which it will be considered delinquent. Our professional fee includes three copies of the final report and one PDF file. If during this assignment it becomes necessary to materially alter the parameters of the studies, such as the property description, date of value, brand affiliation or market positions, ownership structure, or any other factor which could change the final estimate of value, after receiving written approval of the Boynton Beach Community Redevelopment Agency, HVS International will be entitled to charge an additional fee based on our current per diem rates and the time required to incorporate the necessary changes into our analysis and reports. In addition, the estimate of timing will be extended by an amount equal to the time required in performing the added work. Notwithstanding the fee payment schedule set forth above, if, at any time while performing this assignment, either the client requests it, or external forces create a situation whereby it becomes necessary to suspend work for a period of 3 days or more, then HVS International will be entitled to bill for the portion of the assignment completed up to the suspension (less any retainer paid) at its current per diem rates. 8017 HVS International, Miami, Florida Proposal 6 Payment Due Dates Collection of Outstanding Professional Fees Limitations of Liability If payment for professional fees is not received within thirty (30) days of the billing date, HVS International reserves the right to suspend all work until payment is made and apply a service charge of 1.5 percent per month or fraction thereof to the total unpaid sum. It is further agreed that in the event any type of action becomes necessary to enforce collection of bills rendered, the prevailing party will be responsible for all collection costs, including but not limited to court costs and reasonable legal fees through and including appellate level. It is understood that HVS International may extend the time for payment on any part of billings rendered without affecting the understanding outlined above. The parties to this contract agree that any disputes regarding professional fees and/or other charges owed to HVS International will be resolved in accordance with Florida law. The parties to this contract further agree that a) any legal action regarding money owed to HVS International will take place in Florida; b) Florida courts have exclusive jurisdiction for resolution of disputes; and c) Venue will be in Palm Beach County, Florida. The undersigned parties to this contract expressly agree to waive their rights to request a trial by jury arising out of any dispute between the parties related to this contract. It is agreed that the liability of HVS International, its employees and anyone else associated with this assignment is limited to the amount of the fee paid as liquidated damages. You acknowledge that any opinions, recommendations and conclusions expressed during this assignment will be rendered by the staff of the Miami office of HVS International acting solely as employees and not as individuals. Any responsibility of HVS International is limited to the client, and use of our product by third parties shall be solely at the risk of the client and/or third parties. The study described in this proposal will be made subject to certain assumptions and limiting conditions. A copy of our normal assumptions and limiting conditions will be provided upon request. 8018 HVS International, Miami, Florida Proposal 7 Contract Execution If the foregoing proposal meets with your acceptance, please sign and return one copy of this agreement, together with your retainer check in the amount of $18,000. Your signature beneath the words "Agreed to and Accepted" signifies your agreement to employ HVS International for these services. This contract is not considered to be executed until it is signed and HVS International has received the required retainer payment. In order to perform your study in accordance with the timing set forth above, we ask that you return an executed copy of this agreement by April 1, 2005. We appreciate the opportunity of submitting this proposal and look forward to working with you. Very truly yours, HVS International Kathleen Conroy, MAI Managing Director AGREED TO AND ACCEPTED: By: (Signature) (Print Name & Title) Entity Contracting This Service: Date: Note: The individual signing this agreement attests that he/she has the authority to legally bind the entity stated above which will be the client of this service. 8019 Date: 2-25-05 To: Douglas Hutchinson 8925 SW 148th Street Suite 216 Miami, Florida 33176 Tel.: 305.378.0404 Fax: 305.378.4484 www.hvs-intl.com Phone: 561-737-3256 Fax: 561-737-3258 From: Kathy Conroy MAI Pages: (including cover) Telecommunications Cover Sheet Please refer to enclosed. 8O2O This message is intended only for the individual or entity to which it is addressed and may contain information that is privileged, confidential, or exempt from applicable federal or state law. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution, or copying of this communication is strictly prohibited. If you have received this communication in error, please notify us immediately by telephone. IX. Commission Action Boynton Beach Lofts (LUAR 05-003) Postponed Boynton Beach Lofts (NWSP 05-008) Postponed Boynton Beach Lofts (HTEX 05-001) Postponed 8021 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. X. Director's Report 8022 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: Douglas Hutchinson Date: March 1,2005 Subject: Directors Report Way-Finding Signage Program - Staff has worked with First Methodist Church on Seacrest Boulevard to obtain permission to place the Way-Findin.q Si.qn on their property to satisfy Palm Beach County. Laurinda Lo.clan with the City of Boynton Beach has been workinq with FDOT and we are workinq on the last details in order to .qet approval for siqns on state hiqhways. We have contacted Davis Camiler, owner of Bank of America site, for approval to move the si.qn off the sidewalk and onto the parkin.q pavement area. He has given his permission and will be forwardinq us a letter statinq so. SV Design Guidelines Overlays - The document has been given back to RMPK Group for their next revision. We are now working with City Staff to move through the Mixed-Use issue. The project is about 80% complete. DH Unified Update CRA Plan: Staff is working with RMPK to complete this comprehensive document. The plan has had significant revisions for content, style, graphics, etc. The project is about 85% completed. DH Land Development Regulation (LDR) - LDR re-write will be by the City of Boynton Beach Staff and the CRA. The project is about 25% complete. DH Savage Creatures Team - Site permits and project desiqn issues concepts are beinq to further assessed on key elements issues. Financial operation from Baker Leisure Group analysis is overwhelmin.qly positive. DH 8023 Annette's Shares Z:\Monthly Directors Reports\2005\Directors Monthly Status Report March Meetings.doc Trolley System Operation Rollout- Staff is working with Steve Myott and Laurinda Logan to complete the permit process for the trolley signs. Attached is a copy of the trolley si_~n for vour view. Once the trolley sign have been permitted Staff will purchase the trolley sign and have them installed. The Marketing FRP has been reposted in the Palm Beach Post, Sun Sentinel, and the Miami Herald; however we did not receive completed response. Staff is extending the deadline for correction on the proposals. SV Genesis Business Program - Monthly roundtable sessions have been informative and well attended February' round table guest was the SBA representative Maurice Brazier. Mr. Brazier shared many financing options as well as SBA resources with the group. The question and answer format allowed business owners to ask business specific questions and not sit through a formal presentation of information that may or may not relate to them. The search for interns continues. Several additional candidates have been interviewed however no-one has successfully completed the process. March's round table will be rescheduled as a result of vacation and travel schedule. They will resume in April. AG Grants Update Colonial Condominium Association, Inc has completed their projects and is requesting reimbursement. Boynton Women's Club is requesting a Fac~ade Grant for the painting of their building. First Baptist Church, Delray-Boynton Academy and Colonial Condominium Association Inc are working to complete their grants. Staff is working with Yellow Beard Inc D/B/A Boynton Seafood to move their renovation project forward for a period of one year. At this time they do not believe they can complete the project. If they can not complete their project by the June 18, 2005 deadline the money will be rolled back into the Regions Economic Development Grant pool of funds. Additional staff post a public notice and also post information on the Economic Development Grant for round IX. At this time we do not have any applicants for this round. Self-Assembly- Miller Appraisal reports are due January 31st, 2005 for Federal Hwy & Boynton Beach Blvd Self. Assembly 8024 Annette's Shares Z:\Monthly Directors Reports\2005\Directors Monthly Status Report March Meetings.doc Groups. Parkside Downtown Villaqe has been sent out for bid for an appraiser. NM · Police Activity Report. Please find attached. SV. · Web Site Activity Report- February's report is attached. AG. Newsletter - The Second quarter newsletter will be published and mailed on March 19,2005 This issue has an emphasis on local businesses and business resources.. A G · Events Movies on the Avenue: January and February event were postponed due to inclement weather; as a result, the event will terminate in July instead of May as previously planned. AG. Herita.qeFest 2005: Weeks one two & three events were successful and took place with minor incidents. Week four faced many challen.qes included but not limited to threat of rain, h~Th ticket price and the call for a boycott by a local political fiqure. The event on a whole was one of quality with an increase in reco.qnition by the press and our neiqhbors. A wrap up event to .qarner a bi.q.qer scale of feedback will be held on Tuesday March 28th 6:30pm at Hester Center. A more detail report will be submitted for the April board meetinq. AG 8025 Annette's Shares Z:\Monthly Directors Reports\2005\Directors Monthly Status Report March Meetings.doc 0 0 8027 ' ~ ~ u~  ~ ~o~ cc cc ' ,I~ ~ E E E E I ] E E i ~ E E ' -~ II ~ ~1 ~ = 1~ I I ' ~ E E E E I ~ i'~ i ,o 8029 o o < ~ 8030 8O31 8O32 8033 8O35 8036 8037 8O38 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 8O39 8O40 8041 o ~o o ~ ~ $ o o o o o o o ~ ~ o o o 8042 8043 CITY OF BOYNTON BEACH, FLORIDA INTER-OFFICE MEMORANDUM TO: FROM: Lisa Lillie, Special Services Adiministrative Sergeant R'6h-~d Davis, Police Officer, C.R.A. Unit DATE: March 3, 2005 SUBJECT: REFERENCES: ENCLOSURES: C.R.A. Unit Monthly for February 2005 C.R.A. Unit Monthly- February 2005 · The Heart of Boynton Officers assisted road patrol with a variety of calls within this area.. · The Heart of Boynton Officers had 12 traffic contacts which consisted of several citations and warnings. The officers continued to meet with the business owners and talk with citizens who live in the area. Residents are still excited about the return of bike patrol to the area, and have requested that more officers will be added to bike patrol. · Officers are in continuous contact with representatives of the Boynton Terrace facility, in an attempt to prevent unauthorized subjects from utilizing the property. · Officers are also coordinating with road patrol to prevent increased narcotics activity at Boynton Terrace. · Officers are also conducting increased patrols in the area around St Marks School and the adjacent parks in reference to a subject who has exposed himself to the children. · The Central Business District Officers assisted road patrol with a variety calls for service within this area. · Ofc. Danysh completed several Police Explorers meetings and functions. · The officers continued to enforce traffic laws within this area. This led to 49 traffic contacts, resulting in several citations, warnings, and traffic arrests. Upcoming activities- March 2005 · The Heart of Boynton Officers will continue to work with the Boynton Terrace management in order to prevent criminal activity at this location. · The Central Business District Officers will be continuing to enforce traffic laws within the area. · Officers will continue to be very visible within C.R.A. areas. This will include a large amount of bike patrol to allow for more direct interaction with members of the business community, and general public. · All four officers will continue to prepare for the bicycle patrol course, which they are currently scheduled to attend in May. · In response to the great success of the initial presentation, Officers Davis and Danysh will be coordinating with the St Mark's Catholic School to provide even more presentations to the different grades at that school. 8044 Date: 3-2-05 Completing Officer: R. DAVIS 796 Vehicle # 4501 Vehicle # 4502 Total Hours Worked: 617 Total Hours (vac/comp/personal/auth leave): CRA UNIT MONTHLY Beginning Mileage: 2018 Beginning Mileage: 1238 Month/Year: 2-2005 Mileage Total: 2599 Mileage Total: 1883 Total Arrests: 12 Reports: Burglary: 1 Alarms: Suspicious Person: 1 Suspicious Vehicle: 1 Stolen Vehicle: Assault: Narcotic Related: Parking Citations: Total Traffic Contacts: 61 Community Service: Business Owner Visits: 431 Citizen Interactions: 1139 Referrals Total: 41 Other Departments: Other Information: Police Assists: 4 Other: 7 Civil Assist: 2 Abandoned Vehicle: 1 Recovered Vehicle: Vandalism: 1 Citations: 19 AAR's: Crashes: Other Thefts: , 1 Other Recovered Property: Weapons Related: Vehicle Towed: Battery: 1 Domestic Violence: 2 Warnings: 42 PAR's: Disturbance: City: 18 CRA: 19 Other: 4 Total Community Meetings: Attended: Organized: Other Contacts: Explain: Officers are conducting several extra patrols due to ongoing problems Officers assisted with multiple Heritage Fest events throughout the month Officers are assisting road patrol with calls for service 8045 XI. Board Member Comments 8046 Any person who decides to appeal any decision of the Community Redevelopment Board with respect to any matter considered at this meeting xvilI 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. l'he 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 m order for the CRA to reasonably accommodate your request. Xll. Legal 8047 Any person who decides to appeal any decision of the Conununity 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. · he CRA shall furnish appropriate auxiliary aids and se~'ices where necessary to afford an individual with a disability an equal opportunity to participate in and enjoy the benefits of a sen'ice, program, or activity conducted by the CRA. Please contact Douglas tlutchinson at 561-737-3256 at least twenty-four hours prior to the program or activity in order for the CRA to reasonably acconm~odate your request. Xlll. Other Items 8048 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. fhe CRA shall furnish appropriate auxiliary aids and ser¥ices 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 tlutchinson 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. x v. Future Agenda Items A. Consideration of Interlocal Agreement with the City of Boynton Beach for the Boynton Beach Boulevard Extension and Promenade. (April) B. Consideration of Interlocal Agreement for the MLK Phase I Project (April). C. Consideration of Interlocal Agreement for the Events and Festivals (April). D. Consideration of Additional of Two Police Officers and One Patrol Car (April). 8049 ,Any person ,.',,ho 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. he 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 yom' request. XV. Future Project Preview 8050 Any person who decides to appeal an3, decision of the Community Redevelopment Board with respect to an3, 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. ne 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. XVI.Adjournment. 8051 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. . he 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.