Agenda 04-11-06
If any person decides to appeal any decision made by the Board with respect to any matter considered at this meeting, he or she will need a
record of the proceedings, and that, for such purpose, he or she 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.
CRA Board Meeting
Tuesday, April 11 , 2006
City Commission Chambers
6:30 P.M.
I. Call to Order
II. Roll Call
III. Agenda Approval:
A. Additions, Deletions, Corrections to the Agenda
B. Adoption of Agenda
IV. Consent Agenda:
A. Approval of the Minutes City/CRA Housing Workshop-February 22, 2006
B. Approval of the Minutes CRA Meeting-March 14, 2006
C. Approval of a Commercial Fa<;ade Grant to McDonalds-$15,000
D. Approval of a Commercial Fa<;ade Grant to Main Street Car Wash-$5,550
E. Approval of 2006 C of C Compson Golf Tournament CRA 4-Some-$400
F. Approval of FY05-06 Budget Amendment General Fund
G. Approval of Monthly Financial Results- March 31,2006
H. Approval of Change to CRA Policy Manual-Benefits Waiting Period 30
days
I. Land Use and Zoning Amendment Update
J. HOB Feasibility Analysis Update
K. Housing Analysis Update
L. Approval of Boynton Beach Boulevard Corridor Plan
M. Consideration of CRA Office Lease-915 S. Federal Hwy (Sailfish Realty)
N. Approval of AMBIT Marketing contract
O. HOB Phase I Self-Assembly Update
V. Public Comments: (Notes: Comments are limited to three minutes in duration
and are for items not on the CRA Agenda)
VI. Public Hearing:
Old Business
None
New Business
A. Hemingway Square
Land Use Amendment/Rezonina
1. PROJECT:
Hemingway Square (LUAR 06-006)
AGENT:
Garcia Stromberg Architecture, Inc.
OWNER:
Robert Vitale
LOCATION:
2319 South Federal Highway, NW corner of SE 23rd
Avenue and Federal Highway
DESCRIPTION:
Request to amend the Comprehensive Plan Future
Land Use Map from Local Retail Commercial (LRC) to
Special High Density Residential (SHDR); and
Request to rezone from Community Commercial (C-3)
and Neighborhood Commercial (C-2) to Infill Planned
Unit Development (PUD).
New Site Plan
2. PROJECT:
AGENT:
OWNER:
LOCATION:
DESCRIPTION:
Heiaht Exception
3. PROJECT:
AGENT:
OWNER:
LOCATION:
DESCRIPTION:
Hemingway Square (NWSP 06-007)
Garcia Stromberg Architecture, Inc.
Robert Vitale
2319 South Federal Highway, NW corner of SE 23rd
Avenue and Federal Highway
Request for New Site Plan approval for the
construction of 21 townhomes, and recreational
amenities and related site improvements on 1.285
acres zoned IPUD.
Hemingway Square (HTEX 06-006)
Garcia Stromberg Architecture, Inc.
Robert Vitale
2319 South Federal Highway, NW corner of SE 23rd
Avenue and Federal Highway
Request for height exception of four (4) feet to allow
chimneys to exceed the maximum building height of
45 feet, for a total of 49 feet.
B. Hathaway Park Industrial Zone
Land Use Amendment/RezoninCl
1. PROJECT: Hathaway Park Industrial Zone (LUAR 06-007)
AGENT: Thomas F. Carney, Jr. Esq., The Carney Legal Group,
P.A.
OWNER: Robert Richardson, Jr. and Mark C. Daly
LOCATION: East side of Florida East Coast Railroad right-of-Way,
north and south of SE 10th Avenue
DESCRIPTION: Request to amend the Comprehensive Plan Future
Land Use Map from Local Retail Commercial (LRC) to
Industrial (I); and
Request to rezone from Community Commercial (C-3)
to Industrial (M-1).
C. Harbor Cay
Land Use Amendment/Rezonina
1. PROJECT:
Harbor Cay (LUAR 06-009)
AGENT:
Richard K. Brooks, Jr., RKB Architects Planners, Inc.
OWNER:
Harbor Cay, LLC
LOCATION:
East side of Federal Highway approximately 160 feet
north of Gateway Boulevard
DESCRIPTION:
Request to amend the Comprehensive Plan Future
Land Use Map from Local Retail Commercial (LRC)
and Low Density Residential (LDR) to Special High
Density Residential (SHDR); and
Request to rezone from Community Commercial (C-3)
and Single-Family Residential (R-1-AA) to Infill
Planned Unit Development (IPUD).
Proposed use:
23 fee-simple townhouse units
New Site Plan
2. PROJECT: Harbor Cay (NWSP 06-011)
AGENT: Robert K. Brooks, Jr., RKB Architects Planners, Inc.
OWNER: Harbor Cay, LLC
LOCATION: East side of Federal Highway approximately 160 feet
north of Gateway Boulevard
DESCRIPTION: Request new site plan approval to construct 23 fee-
simple townhouse units, swimming pool and related
site improvements on a 1.429-acre parcel in the
IPUD zoning district.
D. Seacrest Boulevard
Land Use Amendment/Rezonina
1. PROJECT:
Seacrest Low Density Residential (LUAR 06-014)
OWNER:
City Initiated
LOCATION:
West side of Sea crest Boulevard from NW 3rd Avenue
to north of NW 6th Avenue
DESCRIPTION:
Request to amend the Comprehensive Plan Future
Land Use Map from Local Retail Commercial (LRC) to
Low Density Residential (LDR); and
Request to rezone from C-2 Neighborhood
Commercial to R-1 Single Family Residential.
Proposed use:
No change proposed
2. PROJECT:
Seacrest High Density Residential (LUAR 06-015)
OWNER: City Initiated
LOCATION: West side of Seacrest Boulevard north of NW 6th
Avenue
DESCRIPTION: Request to amend the Comprehensive Plan Future
Land Use Map from Local Retail Commercial (LRC) to
High Density Residential (HDR); and .
Request to rezone from C-2 Neighborhood
Commercial to R-3 Multi-Family Residential.
Proposed use:
No change proposed
E. Monnin Alley
Abandonment
1 . PROJECT: Monnin Alley (ABAN 06-006)
AGENT: Mary Ann Monnin
OWNER: N/A
LOCATION: Alley located between NE 5th and NE 6th Avenues,
extending approximately 150 feet west from NE 3rd
Street.
DESCRIPTION: Request to abandon a portion of an unimproved alley
located between NE 5th and NE 6th Avenues,
extending approximately 150 feet west from NE 3rd
Street.
F. Deliverance by Faith Church
Conditional Use
1. PROJECT: Deliverance by Faith Church ( COUS 06-006)
AGENT: Michael E. Sipula, JMS Architecture Design, I~c.
OWNER: Glenn Lyons
LOCATION: South side of NE 10th Avenue, approximately 50 feet
west of Railroad Avenue
DESCRIPTION: Request for conditional use/ new site plan approval
for the construction of a 3,538 square foot church and
a 1,712 square foot daycare center within a single
structure, and related site improvements on a 0.666-
acre parcel zoned C-2.
VII. Pulled Consent Agenda Items:
VIII. Old Business:
A. Consideration of Staff Job Task Analysis-Linsey Willis, LJ Craig & Associates
B. Updated of Old High School Charrettes and Consideration of RFP Solicitation
C. Consideration of CRA Land Trust-Tim McKenzie, Burlington Associates
D. Approval of Urban Design Guidelines for CRA.
IX. New Business:
A. CRA Board Policy Discussion
X. Comments by Board Members
XI. Comments by Board Attorney
XII. Comments by Staff
XIII. Future CRA Workshops:
. April 20, 2006 - City/CRA Development Project Presentations -
Senior Center: 6:00 - 8:00 p.m.
XIV. Adjournment
BOYNTON BEACH CRA
AGENDA ITEM REQUEST FORM
Requested CRA Date Final Materials Must be Requested CRA Date Final Materials Must be Turned into
Meetinl!: Dates Turned into CRA Office Meetinl!: Dates CRA Office
0 January 10, 2006 December 27, 2005 (Noon.) 0 July] ] , 2006 June 27,2006 (Noon)
D February 14,2006 January 3], 2006 (Noon) 0 August 8, 2006 July 25, 2006 (Noon)
0 March ]4,2006 February 28, 2006 (Noon) 0 September] 2, 2006 August 29, 2006 (Noon)
. April 11, 2006 March 28, 2006 (Noon) 0 October 10,2006 September 26, 2006(Noon)
0 May 9, 2006 April 25, 2006 (Noon) GI November 14,2006 October 3], 2006 (Noon)
~~;::.
0 June 13,2006 May 25, 2006 (Noon) IE December ]2, 2006 November 28,2006 (Noon)
NATURE OF
AGENDA ITEM
o Consent Agenda
o Director's Report
o Old Business
o New Business
. Legal
o Future Agenda Items
o Other Item
DATE: April 11 ,2006
SUBJECT SUMMARY PARAGRAPH:
The proposed Hemingway Square project is located at 2319 S. Federal Highway and in the Federal Highway
Corridor Planning Area V. Infill Planned Unit development is encouraged in Planning Areas I and V. The applicant
is requesting amendment to the Comprehensive Plan Future Land Use Map from Local Retail Commercial (LRC)
to Special High Density Residential (SHDR) and rezoning from Community Commercial (C-3)to Infill Planned Unit
Development (IPUD). The applicant also seeks site plan approval for 21 townhomes on 1.285 acres and a height
exception of 4 feet toaccommodate chimneys making the maximum building height 49 feet.
CRA staff requested that the applicant provide pedestrian access from each unit onto Federal Highway and 23rd
Avenue. The applicant was also asked to install the overhead utilities underground. The applicant amended the
plans to reflect the pedestrian access and has agreed to the utility request.
The applicant was requested to dedicate a five foot future right-of-way on the south side of the project (SE 23rd) to
Palm Beach County and a twenty-five corner clip at Federal and 23rd for utilities to FDOT. This resulted in a
reduction of setbacks and internal roadway widths that do not comply with the IPUD regulations. The applicant is
proposing to increase roadway widths from 30' to 38' however this will result in buildings at the north and south to
be within 4 to 6 feet from the property lines.
RECOMMENDATION:
CRA staff supports City planning staffs recommendation to table the request for new site plan to enable the
revised plans to be reviewed by the Technical Advisory Review Team prior to approval.
FISCAL IMPACT/FUNDING SOURCE:
If approved and completed, the project is expected to bring in tax increment revenue of approximately $124,000.
AL TERNA TIVES:
Do not approve applicant's requests.
T:\AGENDAS, CONSENT AGENDAS, MINUTES & MONTHLY REPORTS\Completed Agenda Item Request Forms by Meeting\06 04 11
CRA Board Meeting\HemingwaySquare.doc
BOYNTON BEACH CRA
AGENDA ITEM REQUEST FORM
CRASTAFF:
vde~
eRA Planning Director
T:\AGENDAS, CONSENT AGENDAS, MINUTES & MONTHLY REPORTS\Completed Agenda Item Request Fonns by Meeting\06 04 11
CRA Board Meeting\HemingwaySquare.doc
C/)
w
t;
w
~
I-
C/)
<.?
z
in
::>
o
::I:
e:
::I:
C/)
a::
w
z
3:
o
o
W
N
o
in
m
::>
C/)
-
o
C/)
in
>
;1,
z
<l:
w
>
~
0..
::!:
o
U
...J
LJ..
J: Ul
U
C'll
Q)
OJ
t:
o
- <t
t:
>-
o
OJ
>.
g>
E
U;
>-
~
<C
:::!:
:::!:
;:)
UJ
W
>
i=
;:)
u
w
><
w
MN:::!:
II)~~<
W .. "l+-
e.> 01 'It 0
o::~~~
o..lItllt~
o
W
N
15
U;
CD II)
:::l t-
II) ffi
:::!:
>-
<
0..
NN:iE
COfR<
C"iCO'O
CO(")~
N ,... .
EfHfi ~
M>.
~ @
.0
~
III
.s:
N III
... '"
-2 u
..: '0
u; .2
8 iO
c <J
E .~ ~
~ u co
Cl '" c
o ~ .~
a.~~
Q; ~
0. ~
n; ...
~ ~
....
...
ra
~
-
l:
III
E
Q.
o
l
III
"
Cl
l:
'iij
:J
o
J:
.9-
J:
III
...
III
l:
~
o
III
:c
ra
"
...
o
:s:
ra
"C
o
.s:
.,
III
~
o
.s:CO
c ...
o ra
~ ~
c. ,
"" E
'" ra
Ol ...
c Cl
.~ e
., Q.
III _
l:
III
E
Q.
.2
III
>
III
"
>-
"
'iij
.e
:J
III
III
:c
~
ra
>
ra
-
o
III
III
:J
III
>
+:i
U
~
III
o
,...
,...
M
01
M
lit
co:::!:
~<
-...
M 0
oo~
....0
lit...
'<to'l:iE
~~<
cO Ll'i '0
~~~
EfHfi ~
"C
~
.~@
~ "C
>.0
"C .s:
'fii Q)
.0 III
... ~ g
.c: III .s:
..: '0 c:
c 0
u; 0 ~
8 :; ~
c _g ""
.~ -;;; '"
U 'Y Q)
'" C ~
~ .~ .,
~~ U III
~ B
~~
:9 ~
III
E
o
U
l:
III
-
ra
...
III
"
o
E
~
~
.2
Cl
l:
o
E
ra
l:
o
+:i
ra III
Ill"
t) '0
J:J:
- III
jij ~
III 0
~ J:
lD
..... ~
"IN
M <Xl
~~~
U.....~
Q:4II'tW
Q.
III
jij
III
III
...
]!
ra
III
Q)
'"
'"
'"
t
o
Q) E
.~ (/)
o.~
c: Q) ~
o III .0
~~~
~ ~ 0
III ~ :t:
c Q. '"
'"
~
iil
.....
~
III
'~
III
>
o
~
:c
ra
"
...
o
:s:
ra
"
III
U
:J
"
o
...
Q.
III
-
'c
:J
'It
...
II)
w
e.>
CD ~
>.0..
OlO
., W
~ N
C;; 15
U;
CD
:::l
II)
E >. 0
r? ~ 8
tn r.n ci
e.g 0
c. III l[)
~ ~
co""
~~
'"
"
III
~
III
III
III
" (1).,
'0 t-:g
J: Z '"
III W"C
III :::!:...
:J<>-~
,g~~"'.;,~
'It"0 co""
e w ~ ~
~ C;; ~ '"
'iij u;
.e CD
:J :::l
III II)
III
>
+:i
~
:J
E
:J
()
!l
.c \l')
~ i 0
E >. 0
~ ~ g
0) CIJ ci
e.g 0
c. III l[)
g~~g
r-... o.g II)
N L() ......
r-. ~ ~
;A
~~~~
.......00,.....
~_ ~6 ~
;AWl'-
$~~8
l.{) N_~ l.{).
0"" ...
<D. 0 <.0
i);<Ft
c
Q) ...
~ ~I
'" .0 I
~UiID
.S: ~
!!l 0
~~:i!
.?-S<l:
= go
a ~ ~
E Q) III
n; ~ '"
E .~
~-.;t
...
'"
.,
""
<Xl '"
'" ~
"" c
m
m
<Ft _ l[)
co <Ft
~
.,
>.
.!:
Cl
~
'iii
III
~
>.
t
.,
Q) c.
~ e
u ~
.9 E
-0 '"
~.!!..
'S r:
0-0
~ 'B
.s: '"
III III
'" C
u '"
...
t-
"C
c
"I
a>
.....
<D
...
M
""
'"
'"
""
""
N
<Xl
o
<Xl
""
'"
"'.
""
""
N
l[)
~U;g~g~g
~o~t-_ui v aU')
comCJM~"'"
N~~~~~
.... <Ft<Ft
~~~~~~~
CQ_m_~.n ~gm_
en ..- co co M . l.[)
~~~~~~tA
WtA..........
g~~~~
'>:to L(j N. ~m_
~~;!~~
~~;Ar-w
-0
Q)
-0
:;
e
w Q.
.~ >-
c.:2
III
W.o
lJl :>
'" lJl
~~
::> '"
Q.u
c ...
Q) Q)
~ ~I
",.oI
Q."C ...
g>~~~
-_'l>tE
~ ~ ~
.s: w:::i:'"
Q) >..: <( -0
g> 1: ~ '0 .~
... Q) ::>
~5~*,g
~~E~~
co 8 f/)
E ~ ~
""
M
a>
""
""
<D
<D
""
a>
"I
~
;x;
"I
co
M
ui
<D
<D
Ifi
a>
'"
<D
00
a>
o
M
.....
o
a>
co
o
M
.....
en
""
N
'"
N
o
N
<Xl
l[)
""
""'
'"
:;;
""'
""
o
m
m.
N
m
<Xl
.,-;
r-
'"
o
<Xl
""
""
'"
""
'"
'"
""
'"
l[)
m
o
l[)
o
N
...
...
co
co
.....
""
N
m
N-
""
"".
...
r-
o
""
""
...
""
"I
a>
N
""
<D
...-
~
l[)
N
oo,......~
ON.
lI>"" ""
cr> ~
<Xl ...
<Ft ~
OCO"""';:R..
~d'; m
NcO ~
"" N
M ~
....
n;
u
'Q.
~
o-c::r"""'(j!.
~N ~
"N ~
""
<Ft N
<Ft
2
"5
III
~
~
OJ
.0
W
E
o
.s:
Iii
.!:
~:s
~ 0
g~
-- "S
C 0-
W w
E-U;-
~ -2 $.. c
'5 :B ::; "m
g g "g ~
~:~~
n; (/) :.0 ~
:9~~~
:=.
l:
o
+:i
ra
III
...
U
J:
-
jij
III
~
.....
<D
o
o
M
....
iii w
;'Q) ~c
:2~~~~
.2E~~~
~B~~c
o~V;-e~
c ,= r- ~ CO
:J 6-.1J'J n:l >.
oQ)[])(/)O'J
~~~~*
Q)~~gb)
~"5b)~IIln;
.!!! ~ c'"
E ~ ,~
t-
C'-
III
jij
III
III
...
-
ra
>-
,,""
,- a>
III ""
.eN
:J .....
III M
....
J:
III
ra
U
jij
l:
o
+:i
'5
"
ra
~"s ~
I'tI Q) e
~n;Q)
~~~
c ... Q.
.2 I'tI rn.(/)
E-gcCD
~ 5 '~ g;
K ~ ~ ~
-0 ,!!! <l: Ci5
Q) ....... >. IJ'J
U C OJ ctl
>. :J Q) Q)
~~~:o
~roU5~
6~~~
.g ,~ E '"
-g:go
ro ctl ~
Cii III
o:.s~
0>-
Q)
:n
'"
-0
~
I1l
~
llJ
Z
Q.
o
-a;
>
W
-0
.9
E
'"
0.
o
0.
'"
c
'Vi
::>
o
.s:
Q.
E
III
Cii
C
;:
o
w
:n
I1l
-0
(;
:t:
I1l
'"
C
o
Ol
C III
o -0
C iii
I1l Q.
5 a,
;; 0.
-0 -0
Q) ~
iii III
'0 i9 V;
~ Q) 0
lJl"C U
ctl Q) g>
~ (3 "00
~ E 0
"CEou
~"~ ~ i
"~ 6- Qj ::l
\... ~ ~ .0
lli ~~ (f)
Q. ,- 0 :::l
g-.2~a:
~~~<n
~-gQ) 0
o ctl 0 -E
~ ~ ~ Q)
~ 8 E K
~ 8 ~ ~
'';::; Q) >
~ U) ~
~ c5 ro
~ ~ B
-0
~
W
-0
Vi
C
o ~..c (f)
u c u <l>
~~~-g
rn Q) (/) C
W a. 2
C <l> c
~~ :J
<nut
Q) Q) &
~ ~ g-
U lJl Q.
"SeE
o ::> III
E 0 Cii
wEe
"" I1l ;:
W W 0
C lJl W
- w E
-.J:: 0
cijt-.s:
llJ-
f-
a
z
iii
Qi
o
n;
::>
c
c
<l:
-0
C
'"
X
"
iii
:::i:
c
o
~
"5
E
OJ
<J
U
'"
-5
n;
w
;:
E
o
~ ~
~ .2
-g -g
;: '"
x -0
" w
iii ~
:::i: ~
C w
W .0
E c
w '"
U U
ffi ro
-E ~
llJ ~
c 0
o .s:
~ ~
III ~
C 0
'" .s:
~ ~
c '"
o ~
~ ~
'0 ~
w t
Q. 0
~ E
'" :>.
.(f) :E
-0 0
iii ;:
Q.
cb :.0
:0. b
o(l -0
lJl W
en ~
o ro
U ::>
'" 0-
,~ Q.l
o E
u 8
lJl !:
.~ '0
::> Cii
.0 .0
W E
-g ::>
U c
"~ ~
0>-
I1l III
E ro
0>- OJ
-0 0-
"00 Q)
.0 <El C
~ ,2 IV "Q
..c u:C U
IJ'J (1J"en :J
co (/) <n "U
u coo
'0 ~ ~ ~
c w Q)
Q :n E II)
B ~ (/)
... w'"
.2.2l=Q)
roro~~
c -0 0 E
o Qi
U W (/) E
ro .0 IJ'J "U
lJl E '" w
~~g,~
(fi ~ 0 Q)
Cl.. t-.s p::
~ E
N 0
C U
~ ~
u _
::!: .~
~ ~
e- V>
<c<t
o C
o 0
NO,
@,c
~
co
@)
'"
u
::;
e-
c
w
E
Q)
U
c
'"
.s:
c
llJ
c
Q
U
'"
<El
C
'"
.=
-0
ro
o
.0
.s:
lJl
I1l
o
W
W
(f)
-"
u
'"
~
co
C
o
~
o
co
N
o
.'!!
iii
Q)
"C
;;
'"
Q)
e
Ul
w
(3
w
e-
~
e-
Ul
l?
z
iii
:::J
o
I
0..
I
Ul
0::
w
Z
~
o
o
W
N
o
iii
lD
:::J
Ul
'0
Ul
iii
>-
;i
z::;
<(0..
W<c
>C)
i= "'
~~
~~
::; ;::
8g
...
.2
x
'"
ro
:::i:
Iii
o
U
5~
:.;::::; m
~~
~E
III
~ Q)
W w
Q..s:
III
ro-'"
o 0
f- ;:
COMPARATIVE ANALYSIS of SUBSIDIZED OWNERSHIP HOUSING STRATEGIES
DASHBOARD
Boynton Beach, FL
65,000
185,000
250,000
25,000
275,000
Market
75,000
275,000
350,000
. VAlUES",'-
Assessed
45,000
165,000
210,000
Acquisition & Construction (or rehab)
Land 26.00% of total
Improvements 74.00% of total
sub-total
Development Costs' 10.00%
Total Development Cost
3 BRs 1,200 sq ft
Leasehold
+ value of the leased fee:
= fee simple value
341,273
2
8,727
350,000
1) development activity causes
land value to rise 15.4%
over acquisition cost;
2) new construction (or rehab) activity
causes total value to rise 27,3%
over total development cost
8,00%
8.00%
5,00%
3,00%
ptircha~&:,&R~$aleCostAssum
Purchase
Prepaid items:
Closing costs:
Down payment:
Resale
Sellin Costs (broker fees. etc.)
tions','
6 months prop. taxes, insurance & ground rent, if applicable
2.50% of purchase price
varies as % of purchase price (see Transaction Enhancement Matrix)
8.00% of selling price
tl~ms"r':
.,':';
,f, '
Temporary Interest Rate Buy-down
interest rate buy down of 2.00%
over 4
stepping up 0.500%
buy down rate -yr 1 4.50%
points
years
per year
360 months
6.500%
Qualifying Assumptions
Housing Ratio 30%
Monthly Housing Costs (T&I)
-Hazard Ins. 0.40% of imp. cost
-Mortgage Ins. 0,78% of 1 st mrtg
-Ground Rent 40.00 if applicable
RE taxes
Rate per $1000 assessed value
Assessment ratio: 60%
8.57
Beneficiary Household Profile: 4 person HH earnin 70% of AMI: 45,080
NOTES:
1 Include developer's fee, legal, A&E, testing, permits & approvals, financing, development impact fees, etc.
2 For ground lease transactions, leasehold value = fee simple value minus the value of the "leased fee".
3 "Leased fee" is the economic value retained by land owner in a ground lease transaction, and
is calculated as follows: annual ground rent (in this case, $480.00) ~ cap rate of: 5.50%
COMPARATIVE ANALYSIS of SUBSIDIZED OWNERSHIP HOUSING STRATEGIES (beta v11.02) Boynton Beach @2006 Tim McKenzie
04/11/20065:05 PM TMcK@BurlingtonAssociates.com
BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY
QUASI-JUDICIAL PROCEDURES1
1. Ex parte disclosures by CRA Board Members.
2. The CRA Attorney outlines the hearing procedure, including a statement that
any member of the Board may, at any time during the presentation of
testimony, question any witnesses.
3. Attorneys or other individuals acting in a representative capacity make their
appearances.
4. Request for identification of any intervenors.2
5. The CRA Attorney or City Clerk swears in all witnesses.
6. City staff members present a summary of the issues before the Board, testify
as to their opinions and make recommendations for inclusion in "Conditions
of Approval." (The CRA generally limits staff presentations to 15 minutes).
7. CRA staff members offer their comments and recommendations (The CRA
generally limits CRA staff presentations to 15 minutes).
8. The Applicant presents its case, including acceptance or objection to
proposed conditions of approval. (The CRA generally limits applicant
presentations to 15 minutes).
9.
Intervenors present their cases,
examine previous witnesses.
presentations to 15 minutes).
offer their facts and OpiniOnS, and cross-
(The CRA generally limits intervenors
10. Members of the public offer their facts and/or opinions. (The CRA generally
limits public presentations to 3 minutes).
11. Intervenor rebuttal/final comments. (The CRA generally limits intervenor
rebuttal presentations to 3 minutes).
12. Applicant rebuttal/final comments. (The CRA generally limits applicant
rebuttal presentations to 5 minutes).
13. Staff rebuttal/final comments. (The CRA generally limits staff rebuttal
presentations to 5 minutes).
14. CRA questions and deliberation / decisions.
1 The guidelines represent a generalized procedure for conducting quasi-judicial hearings and are subject to modification on a case-by-case basis. The controlling
principal is that all interested parties have the opportunity to offer testimony, evidence and conduct cross-examination of witnesses.
2 An intervenor can be a person or a business, or even another govemment entity, who claims to have a direct and personal interest in the pending matter and
who wants to have the same legal rights and responsibilities to participate in the public hearing as the actual parties haw. For example, an intervenor may also
question the witnesses presented by parties and other intervenors, and can call its own witnesses, who will be swom to tell the truth and will be subject to pOSSible
cross-examination by the parties and other Intervenors. The decision whether to grant intervenor status will be made by the Board.
Someone who does not qualify to be an intervenor, or could qualify but just does not want to be one, may be allowed to speak briefly on his or her own behalf,
either to present facts or to state opinions, but cannot question witnesses, present witnesses, and so forth.
It should be noted that being an intervenor in a matter under consideration by the Board does not guarantee that the intervenor can challenge or appeal the final
decision in a judicial or administrative proceeding. Also, being an intervenor here may not even be a prerequisite to filing a challenge or appeal of the final
decision depending upon what state laws or court rules require.
Nicole's Shares T:IAGENDAS, CONSENT AGENDAS, MINUTES & MONTHLY REPORTS\Quasi Judicial Procedures.doc
Kenneth Spillias
From:
Sent:
To:
Subject:
jheavilin @bellsouth.net
Wednesday, April 05, 20064:37 PM
Kenneth Spillias
eRA Rules of Governance
Ken,
I have read through the Rules of Governance that you drafted - I think this is a good
start. If adopted by the Board, how do we enforce this? If a Board member violates this
policy, what kind of remedial action can be taken and do we even have any authority to
take any action? It seems there need to be some consequences.
Having said that, I do have some suggestions/additions:
D. 4.
machines or
CRA matters
a. Board members shall restrict their use of CRA offices, telephones, business
other properties for the sole purpose of conducting CRA business or addressing
or concerns.
b. The issuing of any CRA equipment to a Board member must be approved by
the Board and made available to all Board members. Any expenses incurred for non-CRA
business shall be the responsibility of the Board member and reimbursable to the CRA.
c.AII other uses shall be permitted.,.,.
Add: Any and all requests from the media or from members of the public for statements or
comments, on behalf of the CRA, shall be referred to the Executive Director or designee,
Board members may make representations, on behalf of the CRA, only if authorized to do so
by the Board.
Add: All Board member concerns shall be communicated to the Executive Director or
presented to the entire Board at a Board meeting.
Add: Board members shall, at all times, conduct themselves in a professional manner and
not exhibit any behaviour that may be perceived as having a negative impact on either the
CRA or the City of Boynton Beach.
Ken, I don't know if we can go as far as stating that Board members should refrain from
any communication with other Board members, outside of Board meetings and workshops,
regarding CRA affairs, as this could possibly lead to a violation of the Sunshine Laws.
Obviously, I think the sending of memos needs to stop (March Madness may have a new
meaning at the CRA!). You heard the reactions from the City Commissioners last night. and
you've seen how disruptive this has been to the staff.
Anyway,
I hope this is helpful. Thanks for pulling this together for us.
Jeanne Heavilin
(561) 901-8714
a Board meeting.
1
Page 1 of 2
Kenneth Spillias
From: Steve Myott [smyott@quincyjohnson.com]
Sent: Tuesday, April 04, 2006 10:41 AM
To: Kenneth Spillias
Subject: RE: CRA Rules of Governance
Ken,
Another comment.
Section on- Inter-board communication and dispute resolution.
Or something of that nature,
So when a board member has a problem with the Agency or another board member,it is communicated to the
board and a process exists discussion and resolution,
Will you be attending the commission meeting?
or provide a progress copy of the rules of governance for the Commission?
Thank you,
Steve Myott
From: Kenneth Spillias [mailto:kspillias@lIw-law.com]
Sent: Monday, April 03, 20069:55 AM
To: Steve Myott
Subject: RE: CRA Rules of Governance
Thank you for your comments Steve. Transmission received.
Ken
From: Steve Myott [mailto:smyott@quincyjohnson.com]
Sent: Friday, March 31, 20064:30 PM
To: Kenneth Spillias
Subject: RE: CRA Rules of Governance
Ken,
Thank you for the rules of governance, I have one significant comment. I believe the rules need clear
consequences for the violations of the rules.
I think that the way Doug may have treated the staff, the Marie may have treated Doug, and the way Jim may be
treating Vivian and or Lisa, and the way Marie and Jim may be treating each other are all due to the lack of rules
and consequences for such violations, I think that a warning should be issued on a first offense and dismissal
upon a repeat offense may be appropriate. Please consider my request as we have got to get squared away as
soon as possible.
Please confirm your receipt of this transmission,
4/4/2006
Page 2 of 2
Thank you,
Steve Myott
From: Kenneth Spillias [mailto:kspillias@lIw-law.com]
Sent: Wednesday, March 29, 2006 10:03 AM
To: jheavilin@bellsouth.net; tillmah@palmbeach.k12.f1.us; cristale@bellsouth.net; Steve Myott;
James@Barrettaassociates.com; Mhorenburger@cs.com; Stormet@bellsouth.net; Bright, Lisa
Subject: eRA Rules of Governance
Attached is a proposed policy document regarding eRA Rules of Governance, This document is based on
comments made by the board, the staff and a review of similar policies in a number of municipal charters and
special districts. I am forwarding it to the board members and the executive director in advance of next month's
meeting in order to give each of you an opportunity to review it and provide me with any comments or suggestions
that you think would more closely approximate your desired approach. My intention would be to determine from
your responses whether there are any common themes that are not included in the document and redraft it
accordingly. Items that do not seem to fit into a common theme would be brought up at the board meeting and
discussed in the context of giving me further direction if need be. In responding to this draft, please keep in mind
that you cannot discuss your views with other board members at this time due to the Sunshine Law, Nor should
you copy other board members if you decide to provide comments or suggestions by email, fax or mail. So,
particularly as to email, if you respond to this email, make sure not to copy other board members.
Kenneth G. Spillias
Lewis, Longman & Walker, PA
1700 Palm Beach Lakes Blvd.
Suite 1000
West Palm Beach, FL 33401
Phone: (561) 640-0820
Fax: (561) 640-8202
4/4/2006
Page 1 of 2
Kenneth Spillias
From: Steve Myott [smyott@quincyjohnson,com]
Sent: Friday, March 31, 2006 4:30 PM
To: Kenneth Spillias
Subject: RE: CRA Rules of Governance
Ken,
Thank you for the rules of governance. I have one significant comment. I believe the rules need clear
consequences for the violations of the rules,
I think that the way Doug may have treated the staff, the Marie may have treated Doug, and the way Jim may be
treating Vivian and or Lisa, and the way Marie and Jim may be treating each other are all due to the lack of rules
and consequences for such violations. I think that a warning should be issued on a first offense and dismissal
upon a repeat offense may be appropriate. Please consider my request as we have got to get squared away as
soon as possible.
Please confirm your receipt of this transmission.
Thank you,
Steve Myott
From: Kenneth Spillias [mailto:kspillias@lIw-law.com]
Sent: Wednesday, March 29, 2006 10:03 AM
To: jheavilin@bellsouth.net; tillmah@palmbeach.k12.f1.us; cristale@bellsouth.net; Steve Myott;
James@Barrettaassociates.com; Mhorenburger@cs.com; Stormet@bellsouth.net; Bright, Lisa
Subject: eRA Rules of Governance
Attached is a proposed policy document regarding CRA Rules of Governance. This document is based on
comments made by the board, the staff and a review of similar policies in a number of municipal charters and
special districts. I am forwarding it to the board members and the executive director in advance of next month's
meeting in order to give each of you an opportunity to review it and provide me with any comments or suggestions
that you think would more closely approximate your desired approach. My intention would be to determine from
your responses whether there are any common themes that are not included in the document and redraft it
accordingly. Items that do not seem to fit into a common theme would be brought up at the board meeting and
discussed in the context of giving me further direction if need be. In responding to this draft, please keep in mind
that you cannot discuss your views with other board members at this time due to the Sunshine Law. Nor should
you copy other board members if you decide to provide comments or suggestions by email, fax or mail. So,
particularly as to email, if you respond to this email, make sure not to copy other board members.
Kenneth G. Spillias
Lewis, Longman & Walker, PA
1700 Palm Beach Lakes Blvd,
Suite 1000
West Palm Beach, FL 33401
Phone: (561) 640-0820
Fax: (561) 640-8202
4/3/2006