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Agenda 08-08-06 ~~~<tY~T2~ .C RA iIi East Side-West Side-Seaside Rena",ssance 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. eRA Board Meeting Tuesday, August 8, 2006 City Commission Chambers 6:30 P.M. I. Call to Order - CRA Board Chairman Henderson Tillman II. Invocation & Pledge to the Flag - CRA Board Member- Pastor Lance Chaney III. Roll Call IV. Agenda Approval A. Additions, Deletions, Corrections to the Agenda B. Adoption of Agenda V. Public Comments: (Note: comments are limited to 3 minutes in duration) VI. Consent Agenda: A. Approval of the Minutes CRA Board Meeting-July 11, 2006 B. Approval of Financial Results - July 31, 2006 C. Approval of FY05-06 Budget Amendment-General Fund D. Approval of RFP for Boynton Beach Blvd Promenade Maintenance E. Approval of an RFP for the Mangrove Mitigation Area Monitoring F. Approval of an RFP for the Mangrove Mitigation Area Maintenance 915 South Federal Highway, Boynton Beach, FL 33435, (0) 561-737- 3256, (F) 561-737-3258 B. eRA Strategic Plan & Budget Workshop-August 24th at 6:00 p.m., Boynton Beach Senior Center, 1021 S. Federal Highway, Boynton Beach, Florida XVI. Adjournment FORM SA MEMORANDUM OF VOTING CONFLICT FOR STATE OFFICERS LAST NAME-FIRST NAME-MIDDLE NAME NAME OF BOARD. COUNCIL. COMMISSION, AUTHORITY, OR COMMITTEE MAILING ADDRESS NAME OF STATE AGENCY CITY COUNTY MY POSmON IS: a ELECTIVE a APPOINTIVE DATE ON WHICH VOTE OCCURRED WHO MUST FILE FORM SA This form is for use by any person serving at the State level of govemment on an appointed or elected board, council, commission, author- ity, or committee. It applies equally to members 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 reason, please pay close attention to the instructions on this form before completing the reverse side and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES ELECTED OFFICERS: As a person holding elective state office, you may vote on a measure which inures to your special private gain or loss; to the special gain or loss of a principal by whom you are retained (including the parent organization or subsidiary of a corporate principal by which you are retained); to the special private gain or loss of a relative; or to the special private gain or loss of a business associate. However, if you vote on such a measure you must complete this form and file the form within 15 days after the vote occurs with the person responsible for recording the minutes of the meeting, who must incorporate the form in the minutes. For purposes of this law, a "relative" includes only your father, mother, son, daughter, husband, wife, brother, sister, father-in-law, mother- in-law, son-in-law, and daughter-in-law. A "business associate" means any person or entity engaged in or carrying on a business enter- prise with you as a partner, joint venturer, coowner of property, or corporate shareholder (where the shares of the corporation are not listed on any national or regional stock exchange). * APPOINTED OFFICERS: As a person holding appOintive state office, you may vote on a measure which inures to your special private gain or loss; to the special gain or loss of a prinCipal by whom you are retained (including the parent organization or subsidiary of a corporate principal by which you are retained); to the special private gain or loss of a relative; or to the special private gain or loss of a business associate. However, you must disclose the nature of the conflict before voting or before making any attempt to influence the decision by oral or written communica- tion, whether made by you or at your direction. For purposes of this law, a "relative" includes only your father, mother, son, daughter, husband, wife, brother, sister, father-in-law, mother- in-law, son-in-law, and daughter-in-law. A "business associate" means any person or entity engaged in or carrying on a business enter- prise with you as a partner, joint venturer, coowner of property, or corporate shareholder (where the shares of the corporation are not listed on any national or regional stock exchange). 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. . A copy of the form must be provided immediately to the other members of the agency. . The form must be read publicly at the next meeting after the form is filed. IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION OR VOTE AT THE MEETING: . You must disclose orally the nature of your conflict in the measure before participating. . You must complete the form and file it within 15 days after the 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 immediately to the other members of the agency, and the form must be read publicly at the next meeting after the form is filed. CE FORM 8A - EFF. 1/2000 PAGE 1 FORM SA MEMORANDUM OF VOTING CONFLICT FOR STATE OFFICERS LAST NAME-FIRST NAME-MIDDLE NAME NAME OF BOARD. COUNCIL. COMMISSION, AUTHORITY, OR COMMITTEE MAILING ADDRESS NAME OF STATE AGENCY CITY COUNTY MY POSI110N IS: Q ELECTIVE Q APPOINTIVE DATE ON WHICH VOTE OCCURRED WHO MUST FILE FORM SA This form is for use by any person serving at the State level of government on an appointed or elected board, council, commission, author- ity, or committee. It applies equally to members 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 reason, please pay close attention to the instructions on this form before completing the reverse side and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES ELECTED OFFICERS: As a person holding elective state office, you may vote on a measure which inures to your special private gain or loss; to the special gain or loss of a principal by whom you are retained (including the parent organization or subsidiary of a corporate principal by which you are retained); to the special private gain or loss of a relative; or to the special private gain or loss of a business associate. However, if YOl;l vote on such a measure you must complete this form and file the form within 15 days after the vote occurs with the person responsible for recording the minutes of the meeting, who must incorporate the form in the minutes. For purposes of this law, a "relative" includes only your father, mother, son, daughter, husband, wife, brother, sister, father-in-law, mother- in-law, son-in-law, and daughter-in-law. A "business associate" means any person or entity engaged in or carrying on a business enter- prise with you as a partner, joint venturer, coowner of property, or corporate shareholder (where the shares of the corporation are not listed on any national or regional stock exchange). * APPOINTED OFFICERS: As a person holding appointive state office, you may vote on a measure which inures to your special private gain or loss; to the special gain or loss of a principal by whom you are retained (including the parent organization or subsidiary of a corporate principal by which you are retained); to the special private gain or loss of a relative; or to the special private gain or loss of a business associate. However, you must disclose the nature of the conflict before voting or before making any attempt to influence the decision by oral or written communica- tion, whether made by you or at your direction. For purposes of this law, a "relative" includes only your father, mother, son, daughter, husband, wife, brother, sister, father-in-law, mother- in-law, son-in-law, and daughter-in-law. A "business associate" means any person or entity engaged in or carrying on a business enter- prise with you as a partner, joint venturer, coowner of property, or corporate shareholder (where the shares of the corporation are not listed on any national or regional stock exchange). 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. . A copy of the form must be provided immediately to the other members of the agency. . The form must be read publicly at the next meeting after the form is filed. IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION OR VOTE AT THE MEETING: . You must disclose orally the nature of your conflict in the measure before participating. . You must complete the form and file it within 15 days after the 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 immediately to the other members of the agency, and the form must be read publicly at the next meeting after the form is filed. CE FORM SA - EFF. 1/2000 PAGE 1 FORM SA MEMORANDUM OF VOTING CONFLICT FOR STATE OFFICERS LAST NAME-FIRST NAME-MIDDLE NAME NAME OF BOARD. COUNCIL, COMMISSION, AUTHORITY, OR COMMITTEE MAILING ADDRESS NAME OF STATE AGENCY CITY COUNTY MY POSmON IS: (J ELECTIVE (J APPOINTIVE DATE ON WHICH VOTE OCCURRED WHO MUST FILE FORM SA This form is for use by any person serving at the State level of govemment on an appointed or elected board, council, commission, author- ity, or committee. It applies equally to members 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 reason, please pay close attention to the instructions on this form before completing the reverse side and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES ELECTED OFFICERS: As a person holding elective state office, you may vote on a measure which inures to your special private gain or loss; to the special gain or loss of a prinCipal by whom you are retained (including the parent organization or subsidiary of a corporate principal by which you are retained); to the special private gain or loss of a relative; or to the special private gain or loss of a business associate. However, if yo~ vote on such a measure you must complete this form and file the form within 15 days after the vote occurs with the person responsible for recording the minutes of the meeting, who must incorporate the form in the minutes. For purposes of this law, a "relative" includes only your father, mother, son, daughter, husband, wife, brother, sister, father-in-law, mother- in-law, son-in-law, and daughter-in-law. A "business associate" means any person or entity engaged in or carrying on a business enter- prise with you as a partner, joint venturer, coowner of property, or corporate shareholder (where the shares of the corporation are not listed on any national or regional stock exchange). * APPOINTED OFFICERS: As a person holding appointive state office, you may vote on a measure which inures to your special private gain or loss; to the special gain or loss of a principal by whom you are retained (including the parent organization or subsidiary of a corporate principal by which you are retained); to the special private gain or loss of a relative; or to the special private gain or loss of a business associate. However, you must disclose the nature of the conflict before voting or before making any attempt to influence the decision by oral or written communica- tion, whether made by you or at your direction. For purposes of this law, a "relative" includes only your father, mother, son, daughter, husband, wife, brother, sister, father-in-law, mother- in-law, son-in-law, and daughter-in-law. A "business associate" means any person or entity engaged in or carrying on a business enter- prise with you as a partner, joint venturer, COowner of property, or corporate shareholder (where the shares of the corporation are not listed on any national or regional stock exchange). 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. . A copy of the form must be provided immediately to the other members of the agency. . The form must be read publicly at the next meeting after the form is filed. IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION OR VOTE AT THE MEETING: . You must disclose orally the nature of your conflict in the measure before participating. . You must complete the form and file it within 15 days after the 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 immediately to the other members of the agency, and the form must be read publicly at the next meeting after the form is filed. CE FORM SA - EFF, 1/2000 PAGE 1 COMMUNITY REDEVELOPMENT AGENCY - ROLL CALL VOTES V Jeanne Heavilin f A~aRacl Dd-1'arc fU, . f?Marie Horenburge [Stormet Norem Vice Chair 'f Steve M ott Guam Sims Henderson Tillman Chair Jeanne Heavilin Henderson Tillman, Chair Marie Horenburger Stormet Norem Vice Chair Steve M ott Guam Sims Alexander DeMarco YES YES NO YES NO NO NO YES YES NO NO YES YES NO YES NO YES NO Guam Sims Alexander DeMarco Marie Horenburger Henderson Tillman Chair Steve M ott Jeanne Heavilin Stormet Norem Vice Chair YES NO YES NO YES NO Jeanne Heavilin Henderson Tillman, Chair Marie Horenburger Guam Sims Alexander DeMarco Steve M ott Stormet Norem, Vice Chair s:\cc\wp\minutes\cra\roll call sheets,doc VI. CONSENT AGENDA: A. APPROVAL OF THE MINUTES CRA MEETING - JULY 11, 2006 MINUTES OF THE COMMUNITY REDEVELOPMENT AGENCY MEETING HELD IN CITY COMMISSION CHAMBERS, BOYNTON BEACH, FLORIDA ON TUESDAY, JULY 11, 2006 AT 6:30 P.M. Present: Henderson Tillman, Chair Stormet Norem, Vice Chair Alexander DeMarco Jeanne Heavilin Marie Horenburger Lisa Bright, CRA Director Ken Spillias, Board Attorney Absent: Steve Myott Guarn Sims I. Call to Order Chair Tillman called the meeting to order at 6:28 p.m. II. Roll Call The Recording Secretary called the roll and declared a quorum was present. III. Pledge and Prayer Vice Chair Norem led the Pledge to the Flag and gave the Invocation. IV. Agenda Approval A. Additions, Deletions, Corrections to the Agenda Motion Ms. Heavilin moved to add the Request to Extend RFP for Boynton Beach under Old Business, Item B. Ms. Horenburger seconded the motion for discussion. It was noted the purpose was only to add the item to the agenda. Ms. Horenburger had no objections to the addition. ~ A vote was taken and unanimously carried. Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida July 11, 2006 Motion Ms. Heavilin moved to approve the agenda as amended. Mr. DeMarco seconded the motion that unanimously carried. v. Public Comments There were no public comments received. VI. Consent Agenda: A. CRA Board Minutes - June 13, 2006 B. CRA Financial Results - June 30, 2006 C. Fa~ade Grant Reimbursement - Main Street Car Wash - $15,000 D. CRA Budget Amendments - June 30 2006 Motion A motion was made by Mr. to approve the Consent Agenda. Ms. Horenburger seconded the motion that unanimously carried. VII. Public Hearing Old Business There were no public hearings for this Item. New Business A. Boynton Industrial Park North Zonina Code Variance Project: Owner: Location: Boynton Industrial Park North (ZNCV 0-008) Merle Denbesten Boynton Industrial Park POA, Inc. West of 1-95 and north of Boynton Beach Boulevard. Strip of land two feet wide by 1,705 feet in length located west of the 60 foot right-of-way of West Industrial Avenue, opposite lots 118 of the Laurel Hills Subdivision (3rd Addition) through lots 165 Laurel Hills Subdivision (4th Addition), which are located north of NW 8th Avenue. Request relief from Chapter 2, Zoning, Section 4.L. buffer walls, to allow a six (6) foot steel privacy fence along the west property line of Boynton Industrial Park North, in lieu of the required six (6) foot stucco Description: 2 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida July 11, 2006 masonry buffer wall required to separate an industrial zoning district from an abutting residential zoning district. Attorney Spillias announced these were quasi-judicial hearings. He asked whether the board members had any ex-parte communications on Items A, B or C. There were no communications disclosed. Attorney Spillias administered the oath to all persons wishing to speak on the items. Ms. Kathleen Zeitler, Planning and Zoning presented the request. The property was located on the western limits of the industrial park. The plat indicated a two foot limited access easement along the western property line of the industrial park. She explained this was platted for maintenance of the required buffer wall. On the opposite side was an FPL Utility Easement and a 60 foot right-of-way for West Industrial Avenue. Staff reviewed the request and indicated it met the criteria for variance approval. Due to the two foot width of the property, it was not possible for the existing masonry wall to be replaced with a new masonry wall because of the footer requires three feet in width. FPL, in a letter, indicated no encroachment into the easement would be allowed. The City Engineer reviewed the request and recommended utilizing the steel fence in lieu of the masonry wall. Staff recommended approval. Vice Chair Norem had questions about encroachment of the easement, and asked whether FPL would have approved the request if the footer were underground. He also asked if the original request to FPL was to encroach three feet into their easement. Ms. Zeitler responded the letter asked to be allowed to encroach and the response was no. Mr. John Phillips, owner of lots 4 and 5, explained the issue was longstanding. The footer needed for a masonry wall was 36 inches. The association owned 24 inches, requiring a 12-inch encroachment. The letter asked for three feet and FPL denied any and all encroachments. There was a short discussion regarding follow-up. Ms. Zeitler added FPL was aware the encroachment would be an underground encroachment and had a concern their ability to repair their poles would be impaired. Mr. Phillips explained the total FPL easement was six (6) feet, of which two feet was a limited access easement. He thought if they moved into the easement even one foot, with the poles there exceeding 40 or 50 feet in height, he thought FPL's concerns centered around the conflict of those footings and the liability for the wall. There was also a short history of the existing masonry wall that needed to be replaced. Ms. Horenburger explained it was her experience if a meeting were held with FPL, sometimes accommodations could be made. Ms. Zeitler explained at the time the original wall was constructed, the Codes were different. She clarified the choices were to ask for either a variance for setbacks or encroach into the easement. She clarified the applicant has opted for the steel fence which meets hurricane wind load standards, and does not require a large footer. She elaborated because the fence could meet the two foot setback requirement, a variance for the setbacks was not required, only a variance for the materials of the fence. The steel fence met the intent to screen the industrial portion of the area from the residential. The variance criteria, speCifically the "Hardship" aspect was discussed. Chair Tillman asked for public comment on this item. 3 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida July 11, 2006 Mr. Arthur Forester, a resident of Laurel Hills, which abuts the industrial park advised the existing fence was in shambles and in some sections, was missing. He was looking for strong sturdy fencing to keep animals, vagrants and truck noise out. He thought the fence was of good design and a suitable replacement offering security, aesthetics and safety. All property owners within 400 feet were noticed. Ms. Zeitler clarified the two foot limited access easement was within FPL's six (6) foot utility easement. The western edge had a two (2) foot limited access easement and to the east of that was the remaining four (4) feet pf the FPL easement. A neighborhood homeowner agreed with the comments made by Mr. Forester. She expressed her home was broken into in February and the fence needed to be addressed. Ms. Bonnie Altadonna, a resident for 31 years, expressed concern with the dilapidated condition of the fence and pieces of the fence were falling down. She asked where the liability rests. Motion Ms. Heavilin moved to approve the request for relief from Chapter 2, Zoning, Section 4.L. Ms. Horenburger seconded the motion that unanimously passed. B. Heritage Club Site Plan Time Extension Project: Agent: Location: Heritage Club (SPTE 06-006) Michael S. Weiner, Esquire and Jason S. Mankoff of Weiner & Aaronson, P.A. New Century Companies, LLC Northwest corner of the intersection of Federal Highway and Gulfstream Boulevard Request for a one-year Site Plan Time Extension for approved site plan and height exception granted on August 2, 2005, from August 2, 2006 to August 2, 2007. Description: Ms. Zeitler, Planning and Zoning, presented the request. The project was approved for 6,544 square feet of office, 9,494 square feet of retail, 3,500 square feet of restaurant, 70 townhome units and 96 multi-family units on 8.3 acres. The applicant received a land use amendment from Local Retail Commercial (LRC) to Special High Density Residential, a rezoning from Community Commercial to PUD and a new site plan and height exception. The applicant was requesting a time extension of one year. The site plan was originally approved on August 2, 2005. Ms. Zeitler explained if the applicants did not have their building permit by the expiration of the one-year time period, they would need to apply for an extension. The request, if granted, would change the new the extension to August 2, 2007 and would include their concurrency certification. Staff recommended approval, subject to the 71 conditions of 4 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida July 11, 2006 approval. The environmental report has been approved for remediation of the dry-cleaners and the Capacity Reservation Fee in the amount of $30,120.55 has been paid in full. Ashley Vargo, Weiner &. Aaronson, 209 N. Seacrest Blvd., representing the co-applicant, New Century Companies, LLC, agreed with staff and the presentation. She clarified New Century Companies LLC was the contract vendee and co-applicant with 3,600 Holdings LLC who was the actual owner of the property. Ms. Heavilin asked for the basis of the request. Ms. Vargo indicated the hurricane slowed them down as did the remediation approvals for the dry-cleaners. Ms. Horenburger inquired why the client had not acquired the property and thought by this time, the property would have been acquired. She also announced they had previously discussed the site plans they see on a regular basis that cannot meet the one year deadline. She wanted to make a motion the CRA formally ask the City Commission to have site plan approvals last for 18 months as opposed to one year. This concept would be discussed later in the meeting. Ms. Vargo also responded the closing was set for October. Chair Tillman opened the floor for public hearing. There were no comments received. Motion Ms. Horenburger moved to extend the site plan for six months to make the request an even 18 months. If the City Commission entertained what they would be discussing later, it would be consistent. Vice Chair Norem seconded the motion. Ms. Heavilin was not comfortable with the six-month extension. She felt the approval should be consistent with other site plans they have approved for 12 months. Ms. Horenburger explained this would be a starting point. Mr. DeMarco agreed with Ms. Horenburger. Ms. Zeitler explained the Code had regulations for increments of one-year time extensions. She also pointed out there were two staff conditions of approval attached to the request, one of them being the Utility Reservation Fee. Attorney Spillias indicated if the six-month extension was not in the Code, it would, in effect, constitute a denial. Ms. Zeitler read from the Code which indicated the extension could be made for up to 12 months. Ms. Vargo requested the extension for one year. Ms. Horenburger responded they could come back in six months for an extension. Vote A vote was taken on the motion. Motion passed 4-1 with Ms. Heavilin dissenting. C. Federal Highway Corridor Plan Ms. Vivian Brooks, eRA Planning Director announced the plan changes were a result of various studies conducted resulting from the 20/20 Plan. This request would make the Federal Highway Corridor Plan consistent with the consensus of several joint and City workshops. They were also updating the corridor plan with comprehensive plan changes made as a result of the adoption of the plan, which took place a few years ago. The document was the marked up draft, 5 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida July 11, 2006 so the board could see what was changed and where the plan was amended. She also recommended the last chapter be deleted. There were projections for ad valorum and TIF funds in the chapter and she explained that type of information would not be an appropriate chapter for a corridor study. The document was not a redevelopment plan and she asked the motion delete the chapter from the document. Ms. Horenburger spoke about the summary paragraph and the four bottom bullets. Ms. Brooks explained the new south end of Planning Area Four would be the south boundary Of Sunshine Square Plaza and the Winn Dixie Plaza. The four corners of Woolbright and Federal would now be similar in development scale which was Mixed-Use Low 3, which had a 75 foot height limit and a 40 unit per acre development density. Chair Tillman asked for public comments on the item. There were no comments received. Motion Vice Chair Norem moved to approve staff's recommendation. Mr. DeMarco seconded the motion that unanimously passed. The motion included staff's recommendation to delete the chapter containing information on taxes and TIF revenues. VIII. Pulled Consent Agenda Items: There were no items pulled. IX. Old Business: A. Discussion of CRA Real Property - 308 NE 10th Avenue Ms. Lisa Bright, CRA Director, presented the item and explained in 2005 there was a contract for the property at 308 NE 10th Avenue that was assigned to Mr. Andrew Luchey. On April 12, 2005, the CRA approved a purchase contract for two lots on NE 11 as well as a vacant house on one of the lots. At the time, the home itself would cost the CRA $225,000. It was vacant and would be used to expand church activities. Fifty thousand dollars was included in the purchase price for the renovation of the home. On July 12, 2005, the CRA approved a land swap and exchanged lease agreements for these properties. In 2006, it was learned the house had not been meeting Code standards and nothing had changed. The $50,000 that had been appropriated had not been utilized for the renovation of the home as originally intended and outlined in the lease. CRA staff issued a letter to the Greater St. Paul AME Church questioning why renovations were not made and asking what had transpired. Subsequent to that, the CRA learned the current pastor of the church had no knowledge of the requirement or the funds for the renovations. The transaction had transpired under the previous pastor. The item was brought to the City Manager who authorized the police to conduct a forensic investigation. Ms. Bright requested eRA legal counsel provide the board with any options or actions available. Ms. Bright announced Mr. Luchey sent a letter to the board requesting to buy the property back. In light of the decision to undertake the MLK Corridor RFP, she did not entertain any discussion with him and was requesting the board provide direction on whether to proceed or not. 6 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida July 11, 2006 Attorney Spillias explained the issue was complicated. He reported based on file correspondence and reviewing the investigative report conducted by Investigator Gitto, there were several options. The ultimate issue, as it appeared from the interviews contained in the investigation was the original intended purchase price for the property was $175,000. The transaction was part of a larger program to create a land swap. Part of the issue involved the church's purchase of the property from Mr. Katz and then the sale to the CRA. The ultimate contract was for $225,000 and that purchase price arose out of a side agreement between Pastor Reed, Mr. Hutchinson and Mr. Luchey. Mr. Luchey had purchased the property for the church because the church did not have the funds to do so. The idea was to increase the purchase price with a commitment from the church to use the $50,000 to upgrade the structure and rent the unit from the CRA or the City, for $10 per year until the City and/or CRA was ready to use the property. Attorney Spillias explained they did not prepare the original real estate contract. They reviewed the original Florida Bar contract and were asked to make some legal changes to it. The deal points were negotiated separately. He added they were also asked to do the same thing with the lease and changes were made to the lease agreement. There was no $50,000 provision subsequent to the legal issues being resolved. The deal points included increasing the house to $225,000 and $50,000 of that to upgrade the property. The closing occurred. Pastor Reed signed the lease by the church and over time, nothing occurred. The CRA sent a letter requesting the $50,000 back indicating the lease had been breached and they were told the church never received the $50,000. The real estate contract did not specifically say the $50,000 was to be used for renovation and restoration of the property. The lease specifically said the church did receive the $50,000. There seemed to be a consensus that the $50,000 never occurred. The question remaining was, was the CRA misled for paying more money for the property than it otherwise would have paid. Another complication was the real estate consultant, the Urban Group. Mr. Lazarus had been interviewed by the investigator, who indicated the $225,000, irrespective of any side deals, was a fair price for the property. The documents were the only items that could be used to determine what the deal was. Oral agreements were not enforceable. Mr. Spillias saw three options. 1. Sue the church for $50,000 on the basis they signed a lease acknowledging receipt of the $50,000. The original deal contemplated $50,000 of the purchase price would be given to the church for that purpose and the CRA relied on those representations to enter into the lease. The church could pursue Mr. Luchey or bring him into the lawsuit on the basis that the church is being charged with breach of a lease and a requirement to reimburse the CRA that was his obligation. Mr. Spillias highlighted an issue that could be countered was the CRA was not out $50,000 because it was not given and the real estate contract does not indicate $50,000 of the purchase price would go to the church. The CRA could argue that even though the side deal was oral, the entering into the other two contracts (purchase contract and the lease) with the lease reflecting $50,000, constituted writings that confirmed the oral agreements and therefore avoids the Statute of Frauds. 7 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida July 11, 2006 2. If the CRA believes the information shows the CRA was defrauded, and the action was intended from the beginning by Mr. Luchey or others, a lawsuit could be filed against them. Attorney Spillias thought there were some indications that a side deal was made, Mr. Luchey received the monies pursuant to the side deal and whether it was ever intended the funds would go to the intended use needed to be ascertained through the discovery process. Mr. Spillias indicated fraud is difficult to prove and requires proof the intention existed, from the onset and that misrepresentations were made. He added frQud is a cause of action based on an intention to make misrepresentation and have a party act on those misrepresentations. Mr. Lazarus indicates the property was appropriately priced. An argument would be full value for the property was paid and the issue was the lease. 3. Waive the breach of lease and move forward with the land swap agreement, which was entered into by both parties. This agreement could be enforced. Mr. Bressner authorized the investigation to determine whether there was any indication of criminal fraud and the determination was made that there was not enough information. Mr. Bressner has indicated it is a civil matter. The board had questions on the contract. The board had voted on a contract that stated the price was $225,000. The contract presented to the CRA had a clause that did refer to the $50,000, which was whited out. Ms. Bright also indicated the items were presented to the board were presented as consent agenda items. Mr. Spillias had not seen the closing statement, and to the best of his knowledge, the closing statement did not separate out the $50,000. Mr. Spillias explained when they came on board, the Urban Group used Florida Bar Contracts and the closings took place through a title insurance company. At some point in time, the process was changed and the CRA was drafting the contracts. They do not use the Florida Bar Contract, which covered issues more specific to the needs of the CRA. Mr. Spillias did not see the CRA as liable; historically the CRA has paid more than market price for property and the CRA has the right and authority to do so. The board discussed the property had changed hands several times, each time the property increased in value. There was no evidence the $50,000 was actually received by the church. Mr. Reardon could not find evidence the $50,000 payment was issued by the CRA. The $50,000 was supposed to be put in escrow. This led to the investigation being initiated. Mr. Spillias advised the investigator ascertained the side deal took place, which reflected the increase in price to $225,000 and that Mr. Hutchinson was quoted as saying he heard Mr. Luchey comment he would be able to receive a bigger tax break by making the donation to the church. Ms. Bright advised Mr. Luchey's title company was the closing agent and his mother handled the transaction. Mr. Luchey came forward and advised he was not participating in the investigation and to clear his name he wanted to purchase the property back. Mr. Reardon verified the funds were not issued and the church verified they did not receive the funds. It appeared the money was included in the R.E. contract. Ms. Bright indicated Mr. Luchey has faxed over some construction documents but she had not reviewed them. The investigator indicated when Pastor Reed signed the documents, he was unaware part of the funds were supposed to go for the purposes of renovation. The only check issued was for $225,000 to Mr. Luchey's title company. Mr. Spillias indicated the CRA does not have to allow the church to continue using the property. Since the land is part of 8 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida July 11, 2006 a land swap, the CRA should determine when it would be ready for the land swap. This could resolve the issue. The board discussed the quickest way to put the matter behind the CRA. Ms. Horenburger indicated $50,000 is floating around and was intended for someone who never got it. She expressed she thought the Church and the CRA had been seriously misled. She announced in a memo to her, Mr. Hutchinson indicated he regularly used his personal laptop for CRA business and he claimed at the time, that was how he got his personal business mixed up with the CRA business. She wanted to make sure the CRA had all the public records the CRA was supposed to have. She wanted some assurance that if they are requested, that they have received all the public records that were on his laptop, especially in light of the investigation. She did not know if the investigation included the examination of records or just the contract itself, but it should have included communications between the CRA office and the other parties in the matter. She indicated it appeared the investigator took what was said at face value. She announced the report indicated the investigator spoke to the CRA board members. She reported she was not contacted. She would like to know why and would like the report to be revised to reflect there was no attempt to contact her. Vice Chair Norem was not contacted and he requested he be added to the report. She explained the former director placed the item on the consent agenda and it was pulled by the board. She intended to make a motion that property transactions never be placed on the consent agenda and all major transactions and contracts be signed off by legal counsel before being presented to the board for a vote. This would be pro forma. She announced she was never told there was a separate transaction increasing the sales price to accommodate the upgrading of another building. She announced she would not have supported such a transaction and would have asked the two be separated as the lease and the purchase contract. The investigators report indicated the former director was aware of an individual who was attempting to receive a federal income tax break through manipulation of the purchase of the church property. She believed a full and real investigation of the matter should take place. She did not concur the matter was a civil matter and felt the CRA needed to be assured there were no violations of the law in any of the transactions. Mr. Spillias had a copy of the HUD Statement and the Deed, which showed a price of $225,000 going to Mr. Luchey. The original contract price of $175,000 with a special clause for a $50,000 build-out from the eRA signed on March 28, 2005 by the seller. On April 29, the Chair signed the contact for $225,000 with the special clause whited out. Chair Tillman indicated there were more questions unanswered than answered. Part of the issue was recordkeeping and accounting. He explained it was important to determine what caused this. He stressed the CRA operates in full public view and it was paramount the public know the CRA operates for the betterment of the community. Ms. Bright had the full verbatim minutes of the meetings pertaining to the items. There was no in-depth discussion or identification of the item. Motion Ms. Horenburger moved to ask the State Attorney, Barry Krischer, to investigate the matter. Vice Chair Norem seconded the motion that unanimously carried. Mr. Spillias suggested he draft the letter for the Chairman's signature. All the data, documents and investigator reports would be forwarded to Mr. Krischer for his review. 9 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida July 11, 2006 Vice Chair Norem asked if this would be the appropriate time to negate the lease and rescind it. Mr. Spillias suggested deferring the item to the next meeting. There were no objections to the deferral. B. Request to Extend RFP Ms. Bright explained an e-mail was circulated. A pre-proposal meeting for the MLK RFP took place on Friday with several members of the community. The group requesteq a time extension. She explained a CRA meeting was scheduled for August 17, 2006, which was nine days different than the published RFP schedule. She explained if the board took action on the item, the map and project area would need to be clarified. The original packages were due to the CRA July 28, 2006 with the presentations being held at the CRA board meeting on August 8. The development community also expressed they would like additional time. Ms. Bright asked the board to consider dedicating the August 17, 2006 meeting for the presentations. The Old High School RFPs would be heard. Ms. Bright thought a special meeting might be needed. She requested clarification on how much time would be allotted for the MLK RFP presentations. Some requests were made for an hour. There were 13 requests and a total of eight have asked for additional time to respond to the RFP. Two more requests were received earlier in the day. Mr. Spillias advised there were no negative legal impacts with extending the notice. He advised if a selection were made on August 17, 2006, the meeting would have to be a special meeting, not a workshop. Ms. Horenburger wanted to clarify her original motion for the RFP. She explained the original motion had a typo. This was noted by Mr. Katz at the last meeting. She pointed out the issue because she did not see his comment reflected in the minutes. The original motion directed CRA staff to draft a basic RFP for a master developer of the MLK Corridor between U.S. 1 to the east and Seacrest Boulevard to the west and from S.W. 9th to S.W. 11th Avenues. Motion Ms. Horenburger moved the correction on the original motion for the RFP was supposed to be NE 9th to NE 11th. Vice Chair Norem seconded the motion. A vote was taken and unanimously carried. Mr. Spillias asked if she was including the lots on both sides of the streets. Ms. Horenburger responded she was not. This included the area to NE 9th and to NE 11th, from one avenue to the next avenue (the south side of 11th and the north side of 9th). Vice Chair Norem asked if the board was correcting the minutes. Mr. Spillias responded the change did not work its way into the RFP description. Ms. Horenburger explained she gave the incorrect motion in writing and she corroborated for the record it was a typographical error in her reading and it was corrected by a member of the audience and not reflected in the minutes. Ms. Bright indicated the CRA would be taping the proceedings so the motion would be heard by staff when they are on a timeline until the City Clerk can deliver the actual minutes. She 10 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida July 11, 2006 indicated it takes two weeks for staff to receive the minutes. Ms. Bright also requested clarification on properties west of Sea crest - that they would not be included in the published map. Those properties should not be included in the RFP description area. Ms. Horenburger spoke about a news article that indicated the director attended a meeting at St. John's Missionary Baptist Church that indicated there would be no buildings higher than four stories. She expressed that policy decision has not been made. Ms. Horenburger explained that may be in the plan but the board might make a policy decision based on a great plan submitted. She added there might be some density and height issues relating to costs and other things and the Treasure Coast Regional Planning Council Study mentioned that. Motion Ms. Heavilin moved to extend the RFP deadline for submittal for the HOB to August 7, 2006, at 4 p.m. Ms. Horenburger seconded the motion that unanimously passed. Motion A motion was made by Ms. Horenburger to change the special meeting to consider the proposals to August 17, 2006. Ms. Heavilin seconded the motion that unanimously carried. There was a short discussion on the time frame for RFP presentations. Motion A motion was made by Ms. Horenburger to limit the RFP presentation time to 20 minutes of PowerPoint presentation plus 10 minute question and answer session. Ms. Heavilin seconded the motion that unanimously carried. x. New Business A. Consideration & Approval of HOB Single-Family Infill Development RFP Ms. Brooks presented the request. The properties were purchased in May and were located at 603 and 607 Seacrest Avenue, also known as the Parker properties. These were two of the properties, formerly zoned C-3 and rezoned per the HOB to single-family residential. The two homes on the properties were in very bad condition and slated for demolition. An asbestos study was currently being conducted. One of the lots was quite large and staff was initiating splitting the two lots and making them three lots. They were proposing an RFP to develop the three lots with three single-family homes, which was consistent with the adopted HOB plan. The City Surveyor wrote a letter to the Property Appraiser indicating he had no problem subdividing the lots. The CRA attorney requested this be done and the change would occur with the next taxing cycle. Ms. Brooks anticipated non-profit housing developers would respond to the RFP because they requested affordable housing occur on the lots. Two of the lots will have entrances and exits on Seacrest and one will have it on 5th Street. She explained they paid $380,000 for the two parcels and she indicated, depending on the proposals, the CRA could recoup some of the money. She noted the CRA would certainly recoup dollars due to the taxable value of the new homes. 11 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida July 11, 2006 Ms. Heavilin spoke about the requirements on page three that she did not feel were necessary for this type of housing. She felt some of the upgrades should not be required. To keep it feasible for the developer and affordable for the family, the basics should be given. This was in keeping with Habitat for Humanity, which offered good quality basics. There should be less rigidity with the requirements. Ms. Brooks responded the items are not that costly. She explained it was implied the CRA would subsidize the cost of developing the homes with the cost of the land. The developer would not be paying full market price for the lot, and because of that, the CRA would expect something greater in return. The developer was being. asked to do something special because these homes may be the first in the project. The replacements should be better than what existed. With other homes being affected, they did not want to continue non-conforming behaviors; rather they wanted to create a "Wow" factor. Chair Tillman explained they should put in the best quality possible so residents would not have to be concerned about shoddy workmanship or substandard housing. Wherever it was pOSSible the CRA could ensure the quality of materials was up to par, they should do it. Ms. Bright indicated she attended a neighborhood meeting at St. John's Missionary Baptist Church. One resident was very distressed about three homes built by Habitat for Humanity. They made it clear that from their perspective, the homes did not meet Code, or setback requirements. People were parking on the street. The residents wanted garages, a driveway and they wanted it to look like every other home. She agreed affordability needed to be balanced, but the CRA was using the land and would look to the developer to develop a product in the $180,000 to $200,000 range for a three bedroom, two-bath home with a single car garage. She discussed the matters with the CDCs. She explained this was important. The CRA was freeing up the land and would be the bank that controlled the product. Ms. Horenburger asked why the three homes had to be affordable. Ms. Brooks replied that was the intention of the HOB Plan and the targeted cost for the product was what the market could support. This was also contained in the Treasure Coast Regional Planning Council Study. Chair Tillman inquired if the driveways could be circular driveways. Ms. Brooks responded that was her goal. Motion A motion was made by Ms. Heavilin to approve the RFP and approve permission for staff to negotiate a contract and bring it back to the board for final approval. B. Consideration of a Purchase Contract for an 8,000 sq. ft. waterfront parcel, Fuel Docks and 70 Marina Village Garage Parking Spaces. Mr. Robert Reardon gave a PowerPoint presentation showing the location of the project and the fuel dock. Staff was bringing the purchase to the board to mitigate a parking problem that arose from the purchase of the Two Georges Marina. The Related Group's conceptualization of the project was proposed as a restaurant. The restaurant sits on 8,000 square feet, (sf) with an additional 12,000 sf (approx.) of easement from the Army CORP of Engineers and the easement from the Tower Association on both sides of the building. The parking constraints arose from two vendors on the SeaMist property, those vendors being the Sea Mist itself and a jet ski operator. Those vendors accounted for at least 40 or more people per day and 20 to 30 cars. Although a small portion of the marina area, this accounted for most of the parking load. 12 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida July 11, 2006 The CRA does not own that property. In the building the CRA does own, there were two dive shop operations. The first dive shop had a capacity for 8 divers and there were two additional boats owned by the second dive shop operator upstairs, also having a capacity for eight divers. The parking that was originally afforded to the boat owners and guests was now delineated as a 15 minute loading zone. After 6 p.m. it reverted to Two Georges Restaurant. The parking on the north side was dedicated to Two Georges Restaurant by easement. There were also four commercial fishing boats. The CRA, in the purchase of the Two Georges Marina, prqmised to keep the public involved in the waterway. In addition to accepting a $2M grant from the County, the CRA has to provide an easement for the County that stipulated the CRA would always keep the property a public use. This included agreeing to eight commercial licenses. The parking could not accommodate any more than the eight licenses. The Sea Mist, the jet ski operator, the three dive boats and the four fishing boats accounted for about 70 to 80 cars. The parking was eliminated because of the Two Georges Restaurant easement. There was a loading zone only, which was enforced by police presence. In addition to the pad purchase and the 70 parking spaces, the CRA was looking to purchase the fuel dock. The County has an interest in providing funds for the purchase of the fuel dock. The arrangement had not been solidified yet. Mr. Reardon was working on obtaining the $2M first. The fuel dock consisted of two pumps and an approximate 8,000 - 10,000 gallon tank that was located within the circle at Casa Loma Boulevard. There was a temporary fuel dock at the Dock Master Station, which the CRA would receive and would take steps to make a permanent building. The use of the building could be increased to also serve as a concession/supply store for the marina. Mr. Reardon indicated along with the purchase of the pad, they were proposing to put in a park. The pad purchase would include 70 parking spaces. The CRA currently owns 70 parking spaces within the Related Group's garage. Thirty-five spaces belonged to the CRA and remaining spaces belonged to Two Georges totaling 70 spaces. Staff was proposing to increase that 70 by another 70, totaling 105 spaces dedicated to the CRA which would provide more than ample parking for the public. The park would mirror the amenities installed at Promenade Boulevard Park. Staff recommends going forward with the purchase and thought it was a great deal. The pressure on the marina, through the loss of the parking spaces, has hampered their ability to provide the public with adequate use of the dock. The 70 Marina Village Parking spaces being considered for purchase were part of the mixed-use program for the Related Group. Ms. Bright explained there was a lot of dialogue between the City and the Related Group to have the City accept this as a better use of the 70 parking spaces. The 70 parking spaces were dedicated to the restaurant. They were going to be valet spaces and the public could not use them. There are 23 slips, and as part of the rent, they could dedicate the parking space to the boat owners. Ms. Heavilin advised the proposal was predicated on receiving the grant. She inquired if the CRA could move forward without receiving the grant. Mr. Reardon responded they could. In bond number 1, there was $3M left and $1,570,000 could be used for the down payment. The Related Group was willing to float a loan of $2M over four years at 5%. If the llF grew from the actual assessed valuation increase from the Towers, Mr. Reardon explained with a no penalty early payment clause, the eRA could pay it off in one year. 13 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida July 11, 2006 Ms. Horenburger commented the recommendation in the item was presented as directing staff to enter into a purchase contract. She announced staff was asking the board to negotiate a purchase contract. Mr. Carlos Rosso, VP, the Related Group, indicated the total sales price the CRA would inherit in terms of assessments of the project was about $150M. In terms of TIF, he did not know what the project would generate. He clarified the Related Group has not asked for TIF funds to finance the project. The CRA would inherit the project when it was completed. He thought it was a great solution for a number of problems. The additional amenities would be for everyone. It would be a public park, and not a private restaurant with private valet parking for everyone else. Mr. Rosso announced they have been negotiating with the CRA about the possibility of transforming the property from a restaurant into a park. There are a few nuances the board might not be aware of. When they entered into the development of the property, there was a mediation agreement signed between the Related Group, Two Georges and the City that established a number of parking spaces for the restaurant. They have an excess of parking spaces for their condominiums so they thought more parking spaces for a restaurant would be needed for them to operate properly. Two Georges initially indicated they would be interested in negotiating with The Related Group for more parking spaces. The Related Group decided that instead of giving more parking to Two Georges, to ask the CRA if they could use the parking spaces, which they could. Ms. Heavilin inquired where SeaMist was parking. Ms. Bright responded, part of the reason the CRA was negotiating the issue was the SeaMist was constantly in Code Enforcement. The CRA was trying to secure parking so their business would be viable. SeaMist was informed after the budget year the CRA would approach the board to purchase property to assist them. At any time the City could pull their license and ask them to leave. The two things they needed were parking and public restrooms. The CRA made a commitment to them to acquire them through the purchase of this parcel, to get the 70 spaces, to assign some to the boat slip owners as well as the renovation including public restrooms. The SeaMist was very agreeable. Chair Tillman had issues pertinent to how the CRA operated and this purchase. When he became aware of the issue, it was in a newspaper article. He indicated the CRA was making every attempt to conduct their business in chambers before using the press. Chair Tillman thought in the long run the purchase might be a good idea but he did not think it was appropriate for right now and had the following questions: 1. Chair Tillman spoke about the Fueling Dock and indicated that it did not enhance the image for the CRA. He asked where the language in Bond 1 was that provided for making purchases for profit, such as the fueling dock. He wanted to know how the bond read and how it would enhance or delete from the bonding capacity if funds were used for that purpose but the money did not exist for that purpose. 2. The item was not budgeted. He thought the CRA needed to clearly think about line item budgets, and because this would be a huge financial undertaking, especially at the end of the fiscal year, he announced an issue this size needed to be well thought out for any pitfalls. He reported he would elaborate some of the pitfalls. 14 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida July 11, 2006 3. The CRA did not have a commitment from the County at this time. If the County grant fell through, what would the financial overload on the CRA be, especially going into the budgetary cycle. He emphasized the issue needed to be planned for and well thought out. 4. Poor timing of the initiative. The CRA was trying to remove itself from land ownership, i.e. MLK HOB parcels. This project seemed contradictory at most. This article was in the newspaper and put in the public view. It had not been dealt with in chambers by the CRA. He announced that was wrong. 5. A parking study presentation for the downtown area was requested. If the CRA would be providing parking, it should not be done haphazardly. The CRA needed to move forward with the directives in place and asked for staff to respond to the directives in a timely manner. The parking study has not been done and it would be arbitrary to move forward. He questioned where this left the CRA, in lieu of gaining funding to provide for downtown parking. 6. In considering Item 5, did this represent getting the best bang for the CRA buck? 7. In reference to Mr. Rosso indicating the restaurant needed more parking, and he approached the CRA first, if businesses need additional parking, then they need some type of relief. Is the CRA in business to do this? 8. Off site parking may be the best feasible alternative. Had that aspect been explored? Chair Tillman spoke about the dive shop building providing restrooms. He recalled in terms of what the building was used for when he was a child, that would not be necessary. He suggested looking at the use and space for the building. He explained there might be other opportunities that may be gained from using that site to proVide some relief for individuals needing restrooms. 9. What would be the liability to the City and CRA of providing the fueling dock for the public. Insurance costs, fuel costs, spillage costs and permitting fees had to be considered. Had other environmental factors been considered? 10. What were the future costs arising from this initiative if the ball were dropped on the item and have those concerns been considered and addressed. Chair Tillman stressed the items were major issues that needed to be examined before moving forward. Motion Ms. Horenburger moved to direct staff to negotiate an agreement to purchase the waterfront parcel, 70 garage spaces and fuel docks, subject to being awarded the County grant and subject to Chair Tillman's questions on negotiations and to come back to the board for approval at a later date. Negotiations should include consideration for TIF, we will lose. 15 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida July 11, 2006 Motion died for lack of a second. Mr. Reardon explained the CRA had the option of deleting from the proposal, the purchase of the fuel dock. The Related Group has had several offers to purchase the fuel dock. Ms. Bright indicated she discussed this matter with the City Manager and she already addressed, on the staff side, Chair Tillman's concerns. She suggested addressing them in written form. Ms. Horenburger explained with satisfactory answers to the questions, they would consider voting on a contract. She was not prepared to vote on one now, only to enter into negotiations. Ms. Bright explained there was offsite parking, the roadway construction was underway, and staff would do a better job communicating the progress. Motion Ms. Horenburger moved to direct staff to negotiate an agreement to purchase the waterfront parcel, 70 garage spaces and fuel docks, to come back to the board for approval and subject to negotiations in consideration of lost llF and being awarded the County grant, and answers to all of Chair Tillman's questions coming back to the board. Ms. Horenburger emphasized final agreement would be subject to a number of issues raised at the meeting. Motion died for lack of a second. Mr. DeMarco thought it was premature to follow-up with what Ms. Horenburger was trying to do. He wanted more information about environmental issues, particularly regarding the fuel docks. He also indicated there was an old survey, and thought a new survey needed to be made. Ms. Bright and Amy Dukes, Esq, confirmed a survey, a Phase I Environmental Study was done for Two Georges. Mr. DeMarco spoke about three parcels that were used to give an idea of property values similar to this property. He did not see any information or facts about those three parcels. The appraisal did not have the information and did not contain the information he wanted to see in the appraisal. He thought there was nothing wrong with proceeding with the research. He did not know what the timetable was for completing the project. Bonnie Miskel, Esq, The Related Group, was present and indicated her clients have waterfront property that has generated a great deal of interest from restaurants in leasing. There have also been some offers for the pumps. Although the situation was a win-win situation, it was not an item that could sit on the table indefinitely. The Related Group had no objections to due diligence being conducted but they needed some understanding, by the next 16 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida July 11, 2006 meeting. Otherwise the Related Group would entertain some of the other offers they received. Ms. Horenburger asked how close was a decision on the County grant. Mr. Reardon responded they were very close to coming up with an easement that was consistent with the posture the CRA developed for the marina. The fuel dock could be deleted tonight because a commitment for the $570,000 was not close to being made. The board discussed having staff bring information on alternate funding sources a~ well as providing specific legal information and descriptions regarding appraisals back to the board. Chair Tillman suggested tabling the matter until staff could conduct due diligence and then bring the item back. Attorney Spillias suggested negotiating a Letter of Intent as the CRA moved forward in trying to obtain information. Mr. Carlos Rosso, VP, The Related Group, 377 Arlington Ave., Miami, indicated a Letter of Intent would be satisfactory. He specifically was looking to determine if they should pursue a restaurant or a park. Motion Vice Chair Norem moved to direct staff to negotiate a Letter of Intent with the Related Group, while at the same time doing all due diligence in determining whether or not this was a feasible project for the board to pursue. Ms. Horenburger seconded the motion that unanimously passed. C. Consideration of City/CRA Interlocal Agreement for Events Ms. Bright explained she had been working with the City Manager for about eight months, to create an events position. She explained, in the past, City events and CRA events have competed and the CRA was not leveraging resources effectively. She explained this would be modeled after Delray Beach's marketing cooperative and she further announced the Chamber of Commerce was not interested in participating. Motion Mr. moved to approve staff's recommendations. Mr. DeMarco seconded the motion. It was clarified this agreement would be forwarded to Mr. Spillias to develop an interlocal agreement to be presented to the City for action. A vote was taken and the motion carried 4-0. Ms. Horenburger was not present for the discussion and abstained from voting upon her return. XI. Future Project Preview Town Center at Waterpoint Park and Ocean Pointe Tower Bonnie Miskel, Esq., was present and gave a PowerPoint presentation. She spoke about Centennial Park (Bicentennial Park), the dog pound and an automotive shop. She explained her 17 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida July 11, 2006 client had those properties, which would comprise 90,000 sf of office space, 20,000 sf of retail and about 131 residential units, under contract. This was a conceptual plan that did not include the automotive shop. The project was on approximately 1.6 acres. She explained the item was being brought before the board to discuss the potential for the CRA to acquire some additional property to expand the park and possibly locate a parking garage behind the site. Parking would be incorporated into the building, which would be a five story parking structure. She indicated her client was interested in contributing monies to the park with extensive water features, a water wall running along the railroad tracks with fountains and a large central water feature in the center of the park. Ms. Miskel noted Boynton Beach does not have an area for large gatherings. They have submitted a letter to the board. Her client was interested in contributing monies towards the extensive water features, and also offered to be the developer for the parking garage if the CRA was interested in acquiring a site and constructing a parking garage on it. She explained they have had many discussions with CRA staff regarding the need for multiple parking garages downtown. She explained the venture would be a joint partnership. The developer would construct the garage, which would save in costs of construction. Her client was also prepared to lease spaces from the CRA, thereby creating a stream of revenue. The benefit would be the developer would construct the garage and use that parking between standard hours of 9-5. Also the parking would be completely wide open anytime on evenings and weekends. If the board was interested in the proposal, she requested the CRA direct staff to negotiate the acquisition of the parcels and then enter discussions regarding the development agreement for construction of the parking garage, and the particulars. This was a preview of the project. She announced it was her understanding all of the parcels were for sale and would be used for public/private use. The board discussed the issue and had no objections to pursuing the issue to the next level. Mr. Spillias would need to draft a letter to determine where to locate the dog pound because it was located in the project area. There were no objections from the board to proceeding to suggest the dog pound be moved. XII. Comments by CRA Staff Ambit Marketing: Logo Presentation Margie Adelsperger, Marketing and Communications Manager for the CRA, introduced Stan Brown and Kathy Koch to unveil the new CRA Logo. She advised the two principals brought over 20 years of strategic and advertising public relations with them. Mr. Brown served as Chair of the Ft. Lauderdale CRA Advisory Board for eight years and was a member of the Ft. Lauderdale Economic Development Steering Committee. He was a former Trustee of the Urban Land Institute and Chair of the Publications Committee. Ms. Koch served as President and Creative Director of Ambit, was awarded Corporate Business Woman of the Year from South Florida Business Journal, and Woman of the Year from Women in Communications. Ambit had worked closely with the CRA to put the focus on Boynton Beach, staying ahead of the competition and setting Boynton Beach as the destination of choice. Ms. Koch gave a PowerPoint presentation and highlighted Boynton Beach needed a logo. The process involved re-branding the goals, the mission and the vision of the CRA. Ms. Koch indicated they also researched logos of other CRAs and their slogans. The Boynton Beach CRA 18 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida July 11, 2006 was viewed as being a step ahead of its counterparts. The caption for the logo read "Boynton Beach East Side, West Side, Seaside Renaissance." Ms. Koch had some stationery she distributed and announced the new brochures and other marketing materials would be distributed. XIII. Comments by Executive Director Ms. Bright announced she would be on vacation next week and would be unreachaple. She advised Mr. Reardon was in charge during her absence. XIV. Comments by CRA Board Attorney Mr. Spillias had no comments. XV. Comments by CRA Board Chair Tillman asked about the HOB bond monies. He expressed if the funds were not used, they would be returned to the general fund. He requested some type of organized description for the plan to utilize those funds and to ensure the funds would be used for the purpose they were earmarked for in the first place. He indicated that would make him feel comfortable. Vice Chair Norem announced he was on vacation since the last CRA meeting. His home burned down. He thought it would be nice to have a minister give the invocation, or rotate the invocation among the members. Ms. Bright indicated she was working on the invocation with the City Clerk and would do her best for the next meeting. Ms. Horenburger indicated if something could not be worked out, she would be happy to do it. Mr. DeMarco announced his term was up June 20th. He advised he enjoyed serving on the board and thanked all the members, including staff. He expressed he was disappointed about the press article involving one member of the board. He indicated it made the rest of the board look bad. He advised he would drop in from time to time. Chair Tillman thanked Mr. DeMarco and indicated it was great working with him. Ms. Heavilin thanked Mr. DeMarco. She indicated at the last meeting, the CRA approved $1,000 for a promotional event at Ocean Plaza. She invited all the members to the event on Friday, July 31st from 5 p.m. to 9 p.m. There would be a green market, a doggie parade, fashion show, live entertainment by AI Johnson, blood mobile, and face painting. The event was anticipated to be a nice event and the intent was to promote the businesses and alert the public to their existence. She appreciated the support of the CRA and Ambit Marketing. Motion Ms. Horenburger moved to have all contracts signed off by legal before they were brought to the board. Vice Chair Norem seconded the motion for discussion. 19 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida July 11, 2006 Mr. Spillias clarified anything staff could approve within the $10,000 does not need to go before the board and anything over $10,000 should. Those items would be delineated with a line on the contract itself or a line on the agenda item indicating the item was approved for legal sufficiency. Ms. Horenburger indicated that was part of her motion. Vote Motion passed unanimously Ms. Horenburger announced the CRA does not have a designated representative on the Florida Redevelopment Association (FRA). Ms. Horenburger indicated she did not know whether there was anyone else interested in serving and requested she be considered for the position. She explained the CRA pays dues but does not have a relationship with the organization or know what was occurring. She also advised when she was at the Florida Association of Counties, there was legislation passed that affects CRAs. She advised the CRA was not informed about this through FRA or through the City's lobbyist. She reported she learned there was a cap on TIF, about 24 years out which would not affect any current obligations. She indicated the problem was, that once the legislation was out there, it could easily be amended. She thought this should be monitored. She said there could be a City Commission in the future that wanted TIF funds. She thought the CRA should have their own lobbyist and requested this item be heard at a future time or perhaps during budget. Ms. Horenburger suggested now that the MLK RFP was approved, the board should consider directing staff to begin to draft a plan for infill housing and housing rehabilitation for the rest of the Boynton area, in partnership with the CDCs. She thought the board would not see a large percentage of affordable housing proposed for the MLK RFP responses. She advised the FlU Study indicated there was a great deal of affordable housing in the HOB but the aging of the housing and the conditions were a problem. She asked the board, as part of the plan, to partner with the CDes to assist homeowners in the HOB with sprucing and cleaning up when qualified residents were not capable of the upkeep. She recently read there were teenagers who organizaed to provide this type of community service. She indicated the program could operate under the supervision of the CDCs, who would be accountable to the CRA staff and board. This would also forge partnerships with trade professionals such as carpenters, plumbers, electricians for more skilled help for qualified residents and would give precedence to the trade professionals who actually lived in the HOB. The youth could be paid a stipend for community service, which would help with college costs, and the professionals could be paid for their services through the CRA partnership. The HOB community could be kept informed through the CRAs newsletter. She noted some CDCs were attempting to team up with others to respond to the RFP in the hope of becoming the master developer. She indicated the scope and cost of the project, with the commitment to purchasing the land the City and CRA owns, and today's building costs would be large hurdles to overcome when it came to having the financial ability to compete. No developer of a project this size would give away a large percentage to development agencies that did not have considerable financial capabilities of their own. She announced the HOB was a large area, and not just the MLK Corridor. She thought the CRA needed to budget funds to encourage CDCs to produce more infill housing and make the repairs needed to rehabilitate existing housing. The Treasure Coast Study advised eRAs were designed to take TIF funds from projects in the areas developers were more eager to develop higher end projects for and use those funds to make improvements in the HOB area. 20 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida July 11, 2006 Ms. Horenburger asked for some consensus to have CRA staff look into this idea. She advised the CDCs provided a valuable service. Mr. DeMarco announced he strongly supported the 20/20 Vision. This should be addressed during August and September. Ms. Bright announced she was asked to serve on the steering committee and she would be attending her next meeting on Wednsday. She will forward an e- mail or memo advising of any progress. The American Assembly Group would be selecting the assembly group. She was not certain of the date. Ms. Horenberger thought the board should consider putting together a program and plan for a partnership with the CDCs. Ms. Heavilin thought there was a plan already in place. Chair Tillman agreed a full comprehensive plan to deal with this specific issue was needed. Ms. Horenburger explained the CRA would be selling some of the properties in the MLK corridor, which would free up some funds. She went online to the Property Appraiser's Website to find what properties the CRA owned. She reported there were some errors on the site. She had a list of properties the CRA owned. One, she noted, was missing from the site, and there were several properties on NE 11th that did not have addresses. One had an address, the others had separate property numbers and no street address. There was a property on the NW corner of NW11th, that was listed as NE 11th on the Property Appraiser's website. She declared the CRA needed to review and correct those records. XVI. Future eRA Workshops Budget Workshop - August 17, 2006, Senior Center - 6:00 p.m. Ms. Bright announced the Budget Workshop was cancelled. Ms. Bright requested clarification on Ms. Horenburger's comments. The clarification was the CRA would develop a timeline to spend the bond monies and the types of programs and partners the CRA would work with to make the infill happen in the whole HOB area. Ms. Horenburger explained there were various programs such as programs for assistance, similar to the kind of thing utilized by Delray Beach. XVII. Adjournment A motion was made by Ms. Heavilin to adjourn. Mr. DeMarco seconded the motion that unanimously carried. Meeting adjourned at 9:30 p.m. Respectfully submitted, Catherine Cherry-Guberman Recording Secretary 071206 21 VI. CONSENT AGENDA - B. APPROVAL OF FINANCIAL RESULTS JULY 31, 2006 I };;?j. ~ ~~~qY~T2~ eRA iiI1 East Side-West Side-Seaside Renaissante BOYNTON BEACH CRA AGENDA ITEM STAFF REPORT eRA BOARD MEETING OF AUGUST 8, 2006 AGENDA ITEM #: x I Consent Agenda Old Business New Business Public Hearing Other SUMMARY: Monthly budget report to the CRA Board representing the revenues and expenses for the month ending July 31,2006. FISCAL IMPACT: As of July 31, 2006 the CRA had received 80.42 % of expected revenue and expended 66.22 % of its appropriations for fiscal 2005-2006. RECOMMENDATIONS: N/A iY::t~~ Kenneth Spillias, ESQ. 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Ul II Ul Ul Ul Ul 0 II 0 0 0 0 1:>:1> 0 " 0 0 0000000 ~~ II 1:>:1 0 II 0 0 0000000 0 0 II 0 0 0000000 I-' II ~ 0 II I\) 10 lOW I-' W II . 1:>:11\) 0/>0 II 10 0'1 0I01\)1\)Ul"CIl ~Zo 10 II I-' W WI\)UlUlOUlUl >no 0 II I\) 0/>0 o/>oUlOOOOIO ~~Ul II . . . . . . . . ~ ~ 0 II I-' Ul UlOOOOOUl Ul II Ul I\) 1\)000001\) nl:>:lO 0/>0 II 0/>0 0 0000000 I.>.I~O II 1:>:101 '-> II W Ul UlOOOOOUl ~ 0/>0 II 10 00 CIlOOOOOCll "0 ~ ~ II ~g* tz:1 II 1-'1-'1-'1-'1-' II I-' 10 100000010 0 II 10 00 CIlOOOOOOl Z00 II HI:>:I~ 0 II Ul Ul UlOOOOOo/>o Zo-:I 0 II I-' 01 010000010 0 0/>0 VI. CONSENT AGENDA: C. APPROVAL OF FY05-06 BUDGET AMENDMENT- GENERAL FUND ~ I. ~~~qY~T2~eRA ill East Side-West Side-Seaside Renaissance BOYNTON BEACH CRA AGENDA ITEM STAFF REPORT eRA BOARD MEETING OF AUGUST 8, 2006 AGENDA ITEM #: x I Consent Agenda Old Business New Business Public Hearing Other SUMMARY: Budget amendment #5 representing the changes requested for inter departmental transfers of expenses and revenues for the month ending July 31, 2006. FISCAL IMPACT: As of July 31, 2006 the CRA has sufficient funds to cover all of the proposed transfers for fiscal 2005-2006. RECOMMENDATIONS: N/A .M-r.~ ROBERT T. REARDON, Assistant Director Kenneth Spillias, ESQ. CRA LEGAL COUNSEL T:\AGENDAS, CONSENT AGENDAS, MINUTES & MONTHLY REPORTS\Completed Agenda Item Request Forms by Meeting\06 08 08 CRA Board Meeting\Monthly Financial Report.doc t- W C) C :J In C Z :J LL ...J <C I:t: w Lnz : w W ~ co C) g ~ Z ~~ <(~ J:re O~ o t- U) t- Z w :E c z w :E <C - - 0001'- 0000 NNNN cicicici N-.:tNN -.:t-.:t(O(O ~ "f"'"" "f"'"" ~ l{)l{)l{)l{) z 0 0 0 0 0 ~ ~ ~ ~ , ~ 0 0 0 0 , cr: 0 0 l{) 0 ii: 0 q 0 l{). 0.. Lri' l{) as (0 0 (0 (0 l{) ~ T"'" T"'" 0.. 0.. cr: ~ w z EI') EI') EI') EI') EI') EI') 0 0 0 0 Q 0 ~ ~ 0 Q W ci 0 0 ci c::i tI) 0 0 0 0 Q < 0 q q o. Q W 0 0 -.:t l{) O)~ 0::: -.:t -.:t ClC) 0 z EI') EI') EI') EI') ~ Z 0 0 0 0 0 0 0 0 0 0 0 0 0 ~ 0 0 l{) 0 < 0 0 0 l{) ..... Lri' Lri' ~ T"'" ii: N N l{) ~ a.. T"'" T"'" e 0 0::: a.. a.. < EI') EI') EI') EI') CI) W <!) ...J ...J ...J 0::: Z <t <t <t <t 0 ::> ::> ::> I ~ f- f- f- U a.. 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Z I- oe:l >- w 0 U Z CI) CD 5> w w u... :E > 0::: I- i= 0 w 0::: f- CI) < Z 0::: f- w a.. U <t CD w W W C ~ I 0 ~ W T"'" C") -.:t l{) (0 I'- 00 !::: EXPLANATION OF BUDGET AMENDMENTS FOR CHANGE #5 ITEM # 1: CONTRACTUAL ($40,000.00) - Final payment to the City for eminent domain costs for units 101, 102, 104 & 209 of Ocean One project. Payment for art work done to new office. Cost of survey for self assembly group. Additional appraisals for Ocean One project (dentist office). ITEM # 2: CONTRACTUAL (40,000.00) - Unbudgeted remainder of the RMPK study for $19,962.15. Anticipated additional surveys and appraisals. ITEM # 3: CONTRACTUAL (4,000.00) - Rental of air conditioned storage facility for 15 months (5/06-7/07). Three month discount based on pre payment. ITEM # 4: OFFICE SPACE CHARGES ($5,000.00) - This is for the electrical work for the new offices at 915 Federal Highway which was unbudgeted. Not all of the overage was for the work, but I don't want the account to be at zero appropriation. VI. CONSENT AGENDA: D. APPROVAL OF RFP -BOYNTON BEACH BLVD PROMENADE MAINTENANCE 1~~qY~T2~eRA iIIi East Side-West S',de-Seas,de Rena,ssante BOYNTON BEACH CRA AGENDA ITEM STAFF REPORT eRA BOARD MEETING OF: AGENDA ITEM #: x I Consent Agenda Old Business New Business Public Hearing Other SUMMARY: Per the InterIocal Agreement with the City (see attached agreement), the CRA is responsible for the cost of maintenance on the Boynton Beach Promenade. The City is handling maintenance of trees and plants and trash pick-up. They cannot undertake the maintenance on the hardscape elements of the project. Therefore, the CRA must request proposals for this service. Attached is the proposed RFP for review. Selection of contractor will be at the October lOth CRA Board meeting. FISCAL IMPACT: This will be an ongoing annual expense for the CRA. Annual expense is estimated at $80,000. RECOMMENDA TIONS: Approve the RFP for maintenance of the hardscape elements at the Boynton Beach Promenade. ~A769b @ CRA Planning Director Kenneth Spillias, Esq. CRA LEGAL COUNSEL T\AGENDAS. CONSENT AGENDAS, MINUTES & MONTHLY REPORTS\Completed Agenda Item Request Forms by Meeting\06 08 08 CRA Board Meeting\RFP Promenade Maint.doc Boynton Beach Community Redevelopment Agency (CRA) RFP FOR MAINTENANCE OF BOYNTON BEACH BOULEVARD PROMENADE CRA RFP No. 2006-13 REQUEST FOR PROPOSAL ISSUING ENTITY: BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY CONTACT PERSON: ROBERT REARDON or VIVIAN BROOKS TELEPHONE NO. (561) 737-3256 FAX NO. (561) 737-3258 RFP ISSUE DATE: AUGUST 11, 2006 ADDRESS FOR SUBMITTAL: Boynton Beach CRA 915 S. Federal Highway; Boynton Beach, Florida 33435 RFP SUBMISSION DATE: September 29, 2006, 3:00 pm (Eastern Day Light Savings Time) All RFP's will receive a date stamp upon submission to provide conclusive proof of the timeliness of filing. All RFP's received after the assigned date and time will not be considered. 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. Submittals must be received no later than 3:00 p.m. EST on September 29,2006 at the CRA offices located at 915 S. Federal Highway in Boynton Beach. The failure to strictly meet this deadline will result in the submittal being rejected and returned unopened. Any question regarding whether a submittal has been submitted timely shall be resolved by reference to the time kept at the CRA office by the CRA's receptionist or other delegated representative for the receipt of the submittals. Faxed submittals will not be accepted. Page] of23 SPECIFICATIONS FOR RFP FOR MAINTENANCE OF BOYNTON BEACH BLVD. PROMENADESTREETSCAPEELEMENTS PART I - INTRODUCTION 1-1 WORK OBJECTIVE Boynton Beach Community Redevelopment Agency, hereinafter know as the "CRA" is seeking quotes for the annual maintenance of a newly constructed vehicular and pedestrian area located at Boynton Beach Blvd. east of Federal Highway in Boynton Beach, FL 33435. The PROPOSER will provide a written quote for the work to be performed. PART II - SCOPE OF SERVICES 2-1 SCOPE OF WORK TO BE PERFORMED THE PROPOSER shall perform the following services for the CRA on a yearly basis. Proposal shall include all materials and equipment necessary for maintenance and repairs. 1. Pressure washing four times per year . Concrete sidewalks . Sidewalk pavers . Roadway pavers . Landscape Planters . Seating Walls . Furnishings . Privacy walls 2. Routine Maintenance Four Times per Year · Inspection and maintenance of electrical and irrigation systems. · Replacement of broken or damaged sidewalk and roadway pavers. · Replacement of broken or damaged landscape planter and seating wall pavers. · Replacement of light bulbs. 3. Monthly Maintenance · Polish Stainless steel handrail. · Inspection and maintenance of stainless steel cables and railing. 4. Additional Maintenance As Required by Client Please provide an hourly rate for work over and above the work listed above. Page 2 of 23 PART III - DESCRIPTION OF THE COMMUNITY REDEVELOPMENT AGENCY 3-1 NAME AND TELEPHONE NUMBER OF CONTACT PERSONS THE PROPOSER's principal contacts with the CRA will be Robert Reardon and Vivian Brooks at (561) 737-3256 or reardonr@ci.bovnton-beach.fl.us and brooksvi@cLbovnton-beach.fl.us. Independent communications between the PROPOSER and individual members of the CRA is prohibited. 3-2 BACKGROUND INFORMATION The CRA serves an area of approximately 6 square miles. The CRA was created under Florida Statutes Section 163.356 in 1982 and has operated as a unit of a local government within the boundaries of the CRA in Boynton Beach. On October 1, 2002, the CRA was given independent status by the City and is controlled by a CRA Board. PART IV - QUALIFICATION REQUIREMENTS 4-1 SUBMISSION OF QUALIFICATION The PROPOSER must submit the following to be considered for this RFP: 1. Title Page- Title page showing the RFP's subject, the firm's name, address and telephone number, the contact's name and telephone number, and the date of submission of the RFP. 2. Table of Contents- The table of contents of the RFP should include a clear and complete identification of the materials submitted by section and page number. 3. Transmittal Letter- A signed letter of transmittal briefly stating that the PROPOSER has an understanding of the work to be done, the commitment to perform the work in a timely manner, and a statement explaining why the PROPOSER believes itself to be best qualified to perform the engagement. The letter should also include an acknowledgement that the firm's offer is irrevocable for ninety (90) days. 4. Technical Qualifications- The detailed RFP should follow the order set forth in Section 4-2 of this RFP. 5. A copy of the most recent Federal Form 254 should be provided if available. If the selected firm is a public corporation, it may also be asked to provide copies of its annual report or SEC filings as appropriate. 6. A certificate of good standing from the Secretary of State, Division of Corporations. Page 3 of 23 Qualifications must be submitted in a sealed envelope clearly marked with the name of The PROPOSER and CRA RFP No. 2006-13. 4-2 TECHNICAL QUALIFICATIONS 1. General Requirements- The purpose of the Technical Qualifications is to demonstrate the qualifications, competence, and capacity of the PROPOSER seeking to undertake the proposed work for the CRA. The Technical Qualifications shall state the PROPOSER and the staff to be assigned to this engagement. 2. 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 tasks associated with this project. 3. License to Practice in Florida- An affirmative statement should be included that the PROPOSER and all assigned key professional staff are properly licensed to practice in Florida. 4. Firm Qualifications and Experience- The PROPOSER shall provide a list of at least five (5) references (name, address and telephone number) that the CRA may contact. 5-2 PROCUREMENT SCHEDULE After submission of the RFP's, CRA staff shall review all of the RFP's and rank them. CRA Staff shall make a recommendation to the CRA Board. Depending on the number of Proposals submitted and recommendations by Staff, Proposer's may be asked to make presentations to the Board at a regularly-scheduled or special meeting. Proposer's will be notified in advance accordingly. 5-3 FINAL SELECTION Based on the CRA staff's review, the CRA Board will select the PROPOSER that meets the best interests of the CRA. The CRA Board shall be the sole judge of its own best interests, the RFP's, and any resulting contract agreement. The CRA Board decisions will be final. Following notification of the firm selected, the CRA will proceed with execution of a contract within thirty (30) days. Page 4 of 23 Timeline: August 11, 2006 August 30, 2006 September 29, 2006 October 10, 2006 Publication of Notice of the RFP Pre-proposal Meeting for Interested Parties - 9:00 am at CRA office Proposal packages due by 3:00 pm at CRA office Presentation of all proposals to CRA Board for selection of PROPOSER Submittal Requirements: Provide twelve bound copies of the Proposal to: Robert Reardon, Assistant Director and Vivian Brooks, Planning Director Boynton Beach CRA 915 S. Federal Highway Boynton Beach, FL 33435 PART VI - GENERAL CONDITIONS FOR FIRMS 6-1 FAMILIARITY WITH LAWS AND PERMIT REQUIREMENTS The PROPOSER is assumed to be familiar with all Federal, State, and Local laws, Ordinances, Rules and Regulations that in any manner affect the tasks associated with this project. 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. Proposer shall at its own expense obtain all necessary permits, pay all licenses, fees and taxes, required to comply with all local ordinances, state and federal laws, rules and regulations applicable to the business to be carried on under the contract. 6-2 EXECUTION OF RFP RFP's must contain an original 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 and will be returned unopened. Submittals must be received no later than 3:00 p.m. EST on September 29, 2006 at the CRA offices located at 915 S. Federal Highway in Boynton Beach. The failure to strictly meet this deadline will result in the submittal being rejected and returned unopened. Any question regarding whether a submittal has been submitted timely shall be resolved by reference to the time kept at the CRA office Page 5 of 23 by the CRA's receptionist or other delegated representative for the receipt of the submittals. RFP's submitted by facsimile will not be accepted. 6-4 RIGHT TO REJECT RFP The CRA reserves the right to reject any or all RFP's and to waive technical errors, or to accept any RFP's that are in part deemed as the best responsible PROPOSER and the most advantageous to the CRA. 6-5 EVALUATION FACTORS The CRA expressly reserves the right to: · Waive any defect, irregularity or informality in any RFP or RFP procedure; · Reject or cancel any or all RFP's; · Reissue the RFP Invitation; · Extend the RFP opening time and date; · Procure any item by other means; and/or · Increase or decrease the quantity specified in the RFP Invitation unless the PROPOSER specifies otherwise. 6-6 STANDARDS 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. 6-7 INFORMATION AND DESCRIPTIVE LITERATURE The PROPOSER must furnish all information requested in the RFP. Further, as may be specified elsewhere, each PROPOSER must submit for evaluation descriptive literature and technical specifications covering the services offered. 6-8 INTERPRETATIONS Any questions concerning conditions or specifications should be directed in writing to the designated CRA representative no later than five (5) days prior to the RFP opening. 6-9 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. Page 6 of 23 6-10 ADDENDA (S) From time to time, the CRA may issue an addendum to change the intent, modify a date 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 response to this RFP. 6-11 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. 6-12 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. Any and all decisions by the CRA Board to modify the schedule described herein, requests for additional information, reject insufficient or unclear proposals, formulate an objective point system for review, rate and rank proposals, negotiate agreements, abandon negotiations, approve agreements, etc., shall be at the CRA's sole discretion and no protests whatsoever shall be considered by the CRA Board. Submittal of a reply to this RFP on the part of any and all proposers constitutes acceptance of this policy. 6-13 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. 6-14 LEGAL REQUIREMENTS Federal, State, County, and Local Laws, Ordinances, Rules, and Regulations that in any manner affect the items covered herein apply. Lack of knowledge by the PROPOSER will in no way be a cause for relief from responsibility. Public Records Florida law provides that records of a public agency shall at all times be open for personal inspection by any person. Section 119.01, F.S., the Public Records Law. Information and materials received by the CRA, in connection with a submittal shall be deemed to be public records subject to public inspection. However, certain exemptions to the public records law are statutorily provided for in Section 119.07, F.S. If the Proposer believes any of the information contained in its Submittal of Proposals is exempt from the Public Records Law, then the Proposer must in its response specifically identify the material which is deemed to be exempt and cite the legal authority for the exemption and the CRA will evaluate the material to determine whether Page 7 of23 it is exempt from the Public Records Law. Otherwise, the CRA will treat all materials received as public records. Drug Free Workplace Certification All Proposers must complete and sign the attached "Drug Free Workplace Certification by Vendor", and submit it with their Proposals. Failure to do so may result in rejection of your proposal. Page 8 of 23 6-15 PUBLIC ENTITY CRIMES All RFP Invitations as defined by Section 287.012(11), Florida Statutes, requests for RFP's as defined by Section 287.012(16), Florida Statutes, and any contract document described by Section 287.058, Florida Statutes, shall contain a statement informing persons of the provisions of paragraph (2)(a) of Section 287.133, Florida Statutes, which reads as follows: "A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not submit a RFP on a contract or provide any goods or services to a public entity, may not submit a RFP on a contract with a public entity for the construction or repair of a public building or public work, may not submit RFP's on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list". 6-16 ADVERTISING In submitting a response to this 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". 6-17 ASSIGNMENT Any Purchase Order issued pursuant to this RFP invitation and the monies, which may be come due hereunder, are not assignable except with the prior written approval of the CRA. 6-18 LIABILITY The PROPOSER shall hold and save the CRA, its Board, its agents, its volunteers and its employees, harmless from liability of any kind in the performance of any resulting contract. CEO or Principal Agent of Corporation (Print) CEO or Principal Agent of Corporation Date Page 9 of23 VI. CONSENT AGENDA: E. APPROVAL OF AN RFP FOR THE MANGROVE MITIGATION AREA MONITORING 1~~qY~T2~eRA . ill East Side-West Side-Seaside Renaissante BOYNTON BEACH CRA AGENDA ITEM STAFF REPORT eRA BOARD MEETING OF: AGENDA ITEM #: x I Consent Agenda Old Business New Business Public Hearing Other SUMMARY: Per the South Florida Water Management District and the U.S. Army Corp. of Engineers permits for the Boynton Beach Promenade, the City and CRA are responsible for the mitigation, maintenance and monitoring ofthe mangrove mitigation areas at Jaycee Park and the Boynton Beach Promenade which were created as a result ofthe construction of the Promenade. Monitoring of the mangrove mitigation areas requires knowledge of environmental permitting. Therefore, the CRA must request proposals for this service. Attached is the proposed RFP for review. Selection of contractor will be at the October lOth CRA Board meeting. FISCAL IMPACT: This will be an ongoing annual expense for the CRA for five years as required by the permitting agencies. Cost is estimated at $20,000 annually. RECOMMENDATIONS: Approve the RFP for monitoring of the mangrove mitigation areas at Jaycee Park and the Boynton Beach Promenade. v~~ CRA Planning Director Kenneth Spillias, Esq. CRA LEGAL COUNSEL T:\AGENDAS, CONSENT AGENDAS, MINUTES & MONTHL Y REPORTS\Completed Agenda Item Request Forms by Meeting\06 08 08 CRA Board Meeting\RFP mangrove monitor.doc BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY REGULATORY MONITORING OF MANGROVE MITIGATION AREA ~uest for Proposal (RFP) The Boynton Beach Community Redevelopment Agency (CRA) is soliciting proposals for the regulatory monitoring of a mangrove mitigation area located at Jaycee Park in the City of Boynton Beach. Project Description: Boynton Beach Community Redevelopment Agency, hereinafter know as the "eRA" is seeking quotes for the five year monitoring of a 0.57:!: acre newly created mangrove mitigation area and 0.3:!: acre native upland/wetland buffer located in Jaycee Park at 2600 S. Federal Highway and the mangrove area adjacent the Boynton Beach Promenade at Boynton Beach Blvd. and N. Federal Highway in Boynton Beach, FL 33435. The PROPOSER will provide a written quote for the work to be performed. Scope of Work to Be Performed: THE PROPOSER shall perform the following services for the CRA on a yearly basis over a five year term. Proposal shall include all materials and equipment necessary for monitoring and required regulatory reporting on the Jaycee Park mangrove mitigation area and the Boynton Beach Promenade area (wetland and upland/wetland buffer) per SFWMD Permit 50-04166-P and USACE Permit SAJ- 2004-1205 (IP-JBH) and revised Monitoring Schedule (see attached documents for scope of work). Proposal Criteria: The proposal must include the following: · Name and address of the proposing firm or entity. · A list of the professional team members, historical background information on the principals and a description of their experience with similar projects. · A qualifications statement of the proposing firm or entity, including verifiable examples of experience, photographs, addresses and project information. 1 · A copy of the most recent Federal Form 254 should be provided if available. If the selected development entity is a public corporation, it may also be asked to provide copies of its annual report or SEC filings as appropriate. · A certificate of good standing from the Secretary of State, Division of Corporations. Timeline: August 11, 2006 August 29, 2006 Sept. 14, 2006 October 10, 2006 Publication of Notice of the RFP Pre-proposal Meeting for Interested Parties at 9:00 am Proposal packages due by 3:00 pm Selection of contractor by CRA Board of Directors Submittal Requirements: Provide twelve bound copies of the Proposal to: Vivian L. Brooks CRA Planning Director. Boynton Beach CRA 915 S. Federal Highway Boynton Beach, FL 33435 Submittals must be received no later than 3:00 p.m. EST on Thursday, September 14, 2006 at the CRA offices located at 915 S. Federal Highway in Boynton Beach. The failure to strictly meet this deadline. will result in the submittal being rejected and returned unopened. Any question regarding whether a submittal has been submitted timely shall be resolved by reference to the time kept at the CRA office by the CRA's receptionist or other delegated representative for the receipt of the submittals. A pre-proposal informational meeting will be held on August 29, 2006 at 9:00 am at the CRA Offices, 915 S. Federal Highway in Boynton Beach. The purpose of the meeting will be to answer any outstanding questions regarding the project and attendance is strongly encouraged. Contacts: All correspondence and requests for information regarding the request for proposals, should be directed to: 2 Vivian L. Brooks CRA Planning Director Boynton Beach CRA 915 S. Federal Highway Boynton Beach, FL 33435 E-mail brooksvil@ci.boynton-beach.fl.us Telephone: (561) 737-3256 Non-Discrimination The selected Proposer, its successors and assigns, agree that no person shall on the grounds of race, color, disability, national origin, religion, age, familial status, sex, or sexual orientation be subjected to discrimination. Should such discrimination occur, the CRA will provide notice to the Proposer of a breach of this condition and thereafter, Proposer has 15 days to demand arbitration as to the claim of discrimination. The parties will then mutually agree to an arbitrator and if they cannot agree, the auspices of the American Arbitration Association will govern. This arbitration is independent of any other actions being taken by other agencies. However, a finding by any other agency or court that such discrimination has occurred may be relied upon by the CRA as conclusive proof of a breach of this provision. If Proposer does not demand arbitration within 15 days, or if arbitration is conducted and it is determined by the arbitrator that discrimination occurred, the CRA shall have the right to terminate any such Agreement it has entered into with Proposer and pursue any and all other lawful remedies. Protests Any and all decisions by the CRA Board to modify the schedule described herein, requests for additional information, reject insufficient or unclear proposals, formulate an objective point system for review, rate and rank proposals, negotiate agreements, abandon negotiations, approve agreements, etc., shall be at the CRA's sole discretion and no protests whatsoever shall be considered by the CRA Board. Submittal of a reply to this RFP on the part of any and all proposers constitutes acceptance of this policy. Formation of Contract The existence of a contractual relationship between the parties is contingent upon the terms and conditions of the contract being negotiated to the satisfaction of both parties and the execution of said contract by both parties. The winning proposer will be granted a contract for a period five years. The contract documents shall include, but not be limited to, terms and conditions of this RFP, the submitted proposal inclusive of qualifications, the negotiated services as agreed by both parties, and the ordering mechanism. 3 Permits, Taxes and Licenses Proposer shall at its own expense obtain all necessary permits, pay all licenses, fees and taxes, required to comply with all local ordinances, state and federal laws, rules and regulations applicable to the business to be carried on under the contract. Public Records Florida law provides that records of a public agency shall at all times be open for personal inspection by any person. Section 119.01, F.S., The Public Records Law. Information and materials received by the eRA, in connection with a submittal shall be deemed to be public records subject to public inspection. However, certain exemptions to the public records law are statutorily provided for in Section 119.07, F.S. If the Proposer believes any of the information contained in its Submittal of Proposals is exempt from the Public Records Law, then the Proposer must in its response specifically identify the material which is deemed to be exempt and cite the legal authority for the exemption and the CRA will evaluate the material to determine whether it is exempt from the Public Records Law. Otherwise. the CRA will treat all materials received as public records. Public Entity Crimes "A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit Proposals, bids or qualifications (as applicable), in response to a solicitation for said products/services in support of a public entity, and may not submit qualifications, a proposal or bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list." Drug Free Workplace Certification All Proposers must complete and sign the attached "Drug Free Workplace Certification by Vendor", and submit it with their Proposals. Failure to do so may result in rejection of your proposal. 4 CERTIFICATION OF DRUG FREE WORKPLACE PROGRAM I certify the firm of responding to this RFP maintains a drug-free workplace program, and that the following conditions are met: (1) We publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace; and specifying that actions will be taken against employees for violations of such programs. (2) We inform employees about the dangers of drug abuse in the workplace, the company's policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. (3) We give each employee engaged in providing the commodities or contractual services included in this RFP a copy of the statement specified in Subsection (1). (4) In the statement specified in Subsection (1), we notify the employee that, as a condition of working in the commodities or contractual services covered under this RFP, they will abide by the terms of the statement; and will notify the employer of any conviction of, or plea of guilty or nolo contendere to any violation of Chapter 893 or any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. (5) We impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community, by any employee who is convicted. (6) We make a good faith effort to continue to maintain a drug-free workplace through implementation of this section. As the person authorized to sign the statement, I certify that this firm complies fully with the above requirements. Authorized Signature: Date Name & Title (typed) 5 VI. CONSENT AGENDA: F. APPROVAL OF AN RFP FOR THE MANGROVE MITIGATION AREA MAINTENANCE 1~~qY~T2~eRA _ East Side-West Side-Seaside Renaissance BOYNTON BEACH CRA AGENDA ITEM STAFF REPORT eRA BOARD MEETING OF: AGENDA ITEM #: / x I Consent Agenda Old Business New Business Public Hearing Other SUMMARY: Per the South Florida Water Management District and the U.S. Army Corp. of Engineers permits for the Boynton Beach Promenade, the City and CRA are responsible for the mitigation, maintenance and monitoring of the mangrove mitigation areas at Jaycee Park and the Boynton Beach Promenade which were created as a result of the construction of the Promenade. The City is unable to maintain the mitigation areas as this is a very specialized scope of work. Therefore, the CRA must request proposals for this service. Attached is the proposed RFP for review. Selection of contractor will be at the October lOth CRA Board meeting. FISCAL IMPACT: This will be an ongoing annual expense for the CRA for five years as required by the permitting agencies. Cost is unknown at this time. RECOMMENDATIONS: Approve the RFP for maintenance of the mangrove mitigation areas at Jaycee Park and the Boynton Beach Promenade. cfu ;;U Vivian L. Brooks eRA Planning Director ~ Kenneth Spillias, Esq. CRA LEGAL COUNSEL T:\AGENDAS, CONSENT AGENDAS, MINUTES & MONTHLY REPORTS\Completed Agenda Item Request Forms by Meeting\06 08 08 CRA Board Meeting\RFP Promenade Maint..doc BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY MANGROVE MITIGATION AREA MAINTENANCE B&guest for Proposal (RFP) The Boynton Beach Community Redevelopment Agency (CRA) is soliciting proposals for the maintenance of mangrove mitigation areas located at Jaycee Park and the Boynton Beach Promenade in the City of Boynton Beach. Project Description: The Boynton Beach Community Redevelopment Agency, hereinafter known as the "eRA," is seeking requests for proposals for the five-year maintenance of a 0.57.:t acre newly created mangrove mitigation area and 0.3.:t acre native upland/wetland buffer located in Jaycee Park at 2600 S. Federal Highway, Boynton Beach, and the mangrove area adjacent to the Boynton Beach Promenade at Boynton Beach Boulevard and N. Federal Highway in Boynton Beach. The PROPOSER will provide a written quote for the work to be performed. Scope of Work to Be Performed: THE PROPOSER shall perform the following services for the CRA on a yearly basis over a five year term. The proposal shall include all materials and equipment necessary for maintenance of the Jaycee Park mangrove mitigation area and the Boynton Beach Promenade area (wetland and upland/wetland buffer) per SFWMD Permit 50-04166-P and USACOE Permit SAJ-2004-1205 (IP-JBH) (see attached documents for additional detail). 1. Routine Monthly Maintenance Monthly - Five Year Term · Control of exotic and nuisance vegetation maintained below 5% of the total vegetative cover within the mitigation area. Best available technology must be employed for control of these species. · Removal of trash and/or other debris as necessary. · Monthly reports to the CRA on maintenance activities. 2. Additional Maintenance As Required by Client Please provide an hourly rate for work over and above the work listed above. 1 Proposal Criteria: The proposal must include the following: · Name and address of the proposing firm or entity. · A list of the professional team members, historical background information on the principals and a description of their experience with similar projects. · A qualifications statement of the proposing firm or entity, including verifiable examples of experience, photographs, addresses and project information. · A copy of the most recent Federal Form 254 should be provided if available. If the selected development entity is a public corporation, it may also be asked to provide copies of its annual report or SEC filings as appropriate. · A certificate of good standing from the Secretary of State, Division of Corporations. Timeline: August 11, 2006 August 29, 2006 Sept. 14,2006 October 10, 2006 Publication of Notice of the RFP Pre-proposal Meeting for Interested Parties at 9:00 am Proposal packages due by 3:00 pm Selection of contractor by CRA Board of Directors Submittal Requirements: Provide twelve bound copies of the Proposal to: Vivian L. Brooks CRA Planning Director Boynton Beach CRA 915 S. Federal Highway Boynton Beach, FL 33435 Submittals must be received no later than 3:00 p.m. EST on Thursday, September 14, 2006 at the CRA offices located at 915 S. Federal Highway in Boynton Beach. Faxed submittals will not be permitted. The failure to strictly meet this deadline will result in the submittal being rejected and returned unopened. Any question regarding whether a submittal has been submitted timely shall be resolved by reference to the time kept at the CRA office by the 2 CRA's receptionist or other delegated representative for the receipt of the submittals. ' A pre-proposal informational meeting will be held on August 29, 2006 at 9:00 am at the CRA Offices, 915 S. Federal Highway in Boynton Beach. The purpose of the meeting will be to answer any outstanding questions regarding the project and attendance is strongly encouraged. Contacts: All correspondence and requests for information regarding the request for proposals, should be directed to: Vivian L. Brooks CRA Planning Director Boynton Beach CRA 915 S. Federal Highway Boynton Beach, FL 33435 E-mail brooksvil@ci.boynton-beach.fl.us Telephone: (561) 737-3256 Non-Discrimination The selected Proposer, its successors and assigns, agree that no person shall on the grounds of race, color, disability, national origin, religion, age, familial status, sex, or sexual orientation be subjected to discrimination. Should such discrimination occur, the CRA will provide notice to the Proposer of a breach of this condition and thereafter, Proposer has 15 days to demand arbitration as to the claim of discrimination. The parties will then mutually agree to an arbitrator and if they cannot agree, the auspices of the American Arbitration Association will govern. This arbitration is independent of any other actions being taken by other agencies. However, a finding by any other agency or court that such discrimination has occurred may be relied upon by the CRA as conclusive proof of a breach of this provision. If Proposer does not demand arbitration within 15 days, or if arbitration is conducted and it is determined by the arbitrator that discrimination occurred, the CRA shall have the right to terminate any such Agreement it has entered into with Proposer and pursue any and all other lawful remedies. Protests Any and all decisions by the CRA Board to modify the schedule described herein, requests for additional information, reject insufficient or unclear proposals, formulate an objective point system for review, rate and rank proposals, negotiate agreements, abandon negotiations, approve agreements, etc., shall be at the CRA's sole discretion and no protests whatsoever shall be considered by 3 the CRA Board. Submittal of a reply to this RFP on the part of any and all proposers constitutes acceptance of this policy. Formation of Contract The existence of a contractual relationship between the parties is contingent upon the terms and conditions of the contract being negotiated to the satisfaction of both parties and the execution of said contract by both parties. The winning proposer will be granted a contract for a period five years. The contract documents shall include, but not be limited to, terms and conditions of this RFP, the submitted proposal inclusive of qualifications, the negotiated services as agreed by both parties, and the ordering mechanism. Permits, Taxes and Licenses Proposer shall at its own expense obtain all necessary permits, pay all licenses, fees and taxes, required to comply with all local ordinances, state and federal laws, rules and regulations applicable to the business to be carried on under the contract. Public Records Florida law provides that records of a public agency shall at all times be open for personal inspection by any person. Section 119.01, F.S., The Public Records Law. Information and materials received by the CRA, in connection with a submittal shall be deemed to be public records subject to public inspection. However, certain exemptions to the public records law are statutorily provided for in Section 119.07, F.S. If the Proposer believes any of the information contained in its Submittal of Proposals is exempt from the Public Records Law, then the Proposer must in its response specifically identify the material which is deemed to be exempt and cite the legal authority for the exemption and the CRA will evaluate the material to determine whether it is exempt from the Public Records Law. Otherwise. the CRA will treat all materials received as public records. Public Entity Crimes "A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit Proposals, bids or qualifications (as applicable), in response to a solicitation for said products/services in support of a public entity, and may not submit qualifications, a proposal or bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount 4 provided in Section 287.017, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list." Drug Free Workplace Certification All Proposers must complete and sign the attached "Drug Free Workplace Certification by Vendor", and submit it with their Proposals. Failure to do so may result in rejection of your proposal. 5 CERTIFICATION OF DRUG FREE WORKPLACE PROGRAM I certify the firm of responding to this RFP maintains a drug-free workplace program, and that the following conditions are met: (1) We publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace; and specifying that actions will be taken against employees for violations of such programs. . (2) We inform employees about the dangers of drug abuse in the workplace, the company's policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. (3) We give each employee engaged in providing the commodities or contractual services included in this RFP a copy of the statement specified in Subsection (1). (4) In the statement specified in Subsection (1), we notify the employee that, as a condition of working in the commodities or contractual services covered under this RFP, they will abide by the terms of the statement; and will notify the employer of any conviction of, or plea of guilty or nolo contendere to any violation of Chapter 893 or any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. (5) We impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community, by any employee who is convicted. (6) We make a good faith effort to continue to maintain a drug-free workplace through implementation of this section. As the person authorized to sign the statement, I certify that this firm complies fully with the above requirements. Authorized Signature: Date Name & Title (typed) 6 UUUGLAS HUTCHINSON BOYNTON BEACH COMMUNITY REDEVLOPMENT AGENCY 639 EAST OCEAN AVENUE STE 107 BOYNTON BEACH, FL 33435 Rf')VIUT "'I>.I '.. . ,'. I~, J1l i '1\1 Bi::J1i'P' ;;;; " t:I.. ....:;, ~b~~:tVd~fl{J Dear Mr. Hutchinson: Subiect : Revise Monitoring Schedule (Application No. 031201-17 and 041020-5) Boynton Beach Boulevard Extension and Promenade Permit No. 50-04166-P, Application No. 031201-17 Palm Beach County, S22/T45S/R43E District staff has reviewed the information submitted on May 25,2006, (copy attached) from William Cary of Kimley-Horn and Associates, requesting a revision of the mitigation work schedule for the subject project. District staff has determined the proposed revision is in compliance with the intent of the original permits and appropriate provisions of F.A.C. Rule 40E-4.331 (2)(b). Therefore, the change to Exhibits No. 3.5 (041020-5) and 15 (031201-17) of Permit No. 50-04166-P (Application No. 031201-17 and 041020-5), issued on July 29,2004 and May 6,2005, has been recorded in our files. Attach a copy of this letter and revised Exhibits No. 3.5 and 15 to the original permits, for your records. Please understand that your permit remains subject to the Nineteen(19) Limiting Conditions and all other Special Conditions as originally issued. Should you have any questions or require further assistance, please contact me at (561) 682-6955. Sincerely, ~~ Robert M. Robson Jr., Staff Environmental Analyst Environmental Resource Compliance West Palm Beach SeNice Center South Florida Water Management District Attachments GOVERNING BOARD EXECl/TIVE OFFICE Kevin McCarty, Chair Trela M. Bague, \!ice-Cllilir Pamela Brooks-Thomas Alice J. Carlson Michael CoHins Nicolas J. Gutien"ez., Jr., Esq. Lennart E. Lindahl, r.E. Barkley R. Thornton Malcolm S. Wade, Jr. Henry Dean, EXl'clIli!'e Din'c/or June 20, 2006 Page 2 - - ...--.....o ..---___. '.I_'~I , ,"-"t_.......,, c: Dianne Griffin, ACOE Jacksonville William Cary, Kimley-Horn & Associates Jonathan Ricketts, Jonathan Ricketts, Inc. ~=~ Kimley-Horn and Associates, Inc. May 23, 2006 Mr. Brent Nicholas Environmental Resource Compliance South Florida Water Management District 3301 Gun Club Road West Palm Beach, Florida 33406 Reo' SFWMD Environmental Resource SFWMD Application No. 041020-5 Pernrit No. 50-04166-P Boynton Beach Boulevard Extension & Promenade Dear Mr. Nicholas, I am enclosing a revised Work Schedule for the above project for your review and concurrence. Last year's hurricanes delayed the project construction and completion. The mitigation at both the Jaycee Park and Promenade areas are complete and scheduled for SFWMD' s final field review on May 31. I am enclosing the Jaycee Park Sketch and Legal Description for the Conservation Easement at Jaycee Park. The easement has also been submitted to the City of Boynton Beach for their review and processing. The easement must be reviewed by several City departments and the City Commission prior to final adoption and recordation. Please review the attached revised schedule and contact me to confInn your approval or to discuss any questions you may have. Sincerely, KIMLEY-HORN AND ASSOCIATES, Inc. CLfdLJ( ~ William R. Cary, P.C Cc: RobettRobson, Jr., S~ Brandon Howard, USACOE - Ref: Appl. # SAJ 2004-1205 Lisa A. Bright, Director Community Redevelopment Agency Nem Gomez, Interim Utilities Director City of Boynton Beach Dennis Haynes, Burkhardt Construction, Inc. Jonathan Ricketts, Jonathan T. Ricketts, Inc. Laurinda Logan, Public Works City of Boynton Beach Jady Rivers, Recreation and Parks Director City of Boynton Beach Ted Kendziora, Kimley-Hom and Associates . TEL 305 673 2029 FAX 305 673 4882 ..i~~/; f. . Suile 353 420 Lincoln Road Miami Beach, Florida 33139 SOUTH FLORIDA MANAGEMENT DISTRICT AND U.S. ARMY CORPS OF ENGINEERS WORK SCHEDULE REQUIREMENTS Revised May 23, 2006 SFWMD Application No.: 031201-17 USACOE File No.: SAJ 2004..1205 (IP-JBH) Mitigation Plan ID: HALL PROERTY Activity , Cul-de-Sac Recorded Conservation Easement (3.81 ac.) Promenade rev. of Recorded Conservation Easement (3.91 ac.) Mitigation Plan ID: JAYCEE PARK Activity , ON SITE REVIEW OF MITIGATION AREA STAKING EXCAVATION AND GRADING MITIGATION BOUNDARY SKETCH AND LEGAL DESCRIPTION OF CONSERVATION AREA SITE INSPECTION PLANTING MITIGATION AREA TIME ZERO MONITORING REPORT RECORDED CONSERVATION EASEMENT TIME ZERO MONITORING REPORT FOR PROMENADE BUFFER LANDSCAPING FIRST MONITORING REPORT SECOND MONITORING REPORT THIRD MONITORING REPORT FOURTH MONITORING REPORT SITE INSPECTION FIFTH MONITORING REPORT * Revised Date DUE DATE 30 -APR-2005 15-JUN-2005 DUE DATE 13-APR-2005 15-JUL-2005 15-JUN-2006* 15-JUL-2005 31-0CT-2005 31-JUL-2006* 30-SEP-2006* 31-JUL-2006* 31-DEC-2006* 31-DEC-2007* 31-DEC-2008 * 31-DEC-2009* 30-JUN-201O* 31-DEC-201O* South Florida Water Management District Revised Project Work Schedule Application No : 031201-17 Project Work Schedule: JAYCEE PARK Actlvlly PLANTING MITIGATION AREA TIME ZERO MONITORING REPORT TIME ZERO MONITORING REPORT (Promenade Buffer Landscaping) RECORDED CONSERVATION EASEMENT (Jaycee Park) FIRST MONITORING REPORT SECOND MONITORING REPORT THIRD MONITORING REPORT FOURTH MONITORING REPORT SITE INSPECTION FIFTH MONITORING REPORT Page 1 of 1 Due Date 31 ~OCT ~2005 31 ~JUL~2006 31-JUL-2006 30-SEP~2006 31-DEC-2006 31-DEC-2007 31-DEC-2008 31-DEC-2009 30-JUN-2010 31-DEC-2010 Exhibit No : 15 South Florida Water Management District Revised Project Work Schedule Application No : 041020-5 Project Work Schedule: BOYNTON PROMENADE Activity TIME ZERO MONITORING REPORT FIRST MONITORING REPORT SECOND MONITORING REPORT THIRD MONITORING REPORT FOURTH MONITORING REPORT SITE INSPECTION FIFTH MONITORING REPORT Page 1 of 1 Due Date 31-JUL-2006 31-DEC-2006 31-DEC-2007 31-DEC-2008 31-DEC-2009 30-JUN-2010 31-DEC-2010 Exhibit No : 3.5 VI. CONSENT AGENDA: G. DENIAL - RESIDENTIAL FACADE GRANT APPLICATION 3675 S. FEDERAL HIGHWAY 1~~qY~T2~ eRA ill East Side-West Side-Seaside RenalSsante BOYNTON BEACH CRA AGENDA ITEM STAFF REPORT eRA BOARD MEETING OF: AGENDA ITEM #: x I Consent Agenda Old Business New Business Public Hearing Other SUMMARY: Ms. Luisa Berrera is requesting a residential fafi:ade grant in the amount of $4,825 for her home located at 3675 S. Federal Highway. Ms. Berrera is seeking assistance with expenses relating to installation of a new roof, storm shutters, window repairs and landscaping. FISCAL IMPACT: $4,825.00 from the general revenue fund. RECOMMENDA TIONS: Staff does not recommend approval of this grant request. Ms. Berrera is requesting reimbursement for work that does not qualifY under the current program guidelines (roofmg). The majority of the expenses were incurred over six months ago and are for roofmg supplies. The property, although homesteaded is operated as a business which is unlicensed. cfL4LIU G) CRA Planning Director Kenneth Spillias, Esq. CRA LEGAL COUNSEL T\AGENDAS, CONSENT AGENDAS, MINUTES & MONTHLY REPORTS\Completed Agenda Item Request Forms by Meeting\06 08 08 eRA Board MeetinglRes. Facade Berreradoc Boynton Beach eRA 915 South Federal Hwy. Boynton Beach FL 33435 June 28, 2006 RE: Grant Request for ReroofinglHurricane ShutterslExterior Repairs 3675 North Federal Highway, 9@lray .&ach FL 33483 BoffO;.) Buwl- Ladies and Gentlemen: I have received the 05/06 Single Family Owner Occupied Residential Fa~ade Improvement Grant Program Guidelines revised oas of 5/25/06. Enclosed are pictures of "before" and "during" work at the above address. A "final" picture showing the "after" will follow when work is complete. I have done everything possible to keep the costs of this project at a minimum. While I am asking for assistance now, I started work on May 28, 2006. I bought the materials in December, 2005, but I had to do the work in phases: 1.) roof; 2.) hurricane shutters; 3.) window and wall repairs. I hired a carpenter at $32.00 per hour to remove the old plywood, fascia, and trusses plus install new soffit and fascia. Next I worked on remodeling of exterior roof: removal and carting of old roofing materials; new plywood where needed; purchase and installation of black felt paper; purchase and installation of 1300 square feet of roofing shingles; copper exterior fascia along perimeter. In connection with the shutters, the old shutter tracks had to be removed and replaced. Panels for eleven (11) windows had to be purchased, each 5' by 6'. Exterior perimeters of each windows were re-caulked for future painting. My driveway concrete slab was removed for pavers, but still pending are the paver installation; painting; sprinkler system; and, landscaping. The work has stopped due to lack of funds to complete; I am submitting this request and apPlicatiO{fo{ ass~tance to continue, if eligible I will submit again when all the work is done \ ) ~ \ Sincer~~~\' 'i '\ ,'. . I I ',' A'l/ . B \. V LUIsa arrera....,... Telephone: 561-735-3987 or 561-396-6435 Enclosures 2004/2005 SINGLE FAMILY OWNER OCCUPIED RESIDENTIAL FA~ADE IMPROVEMENTS GRANT PROGRAM PROGRAM AGREEMENT Boynton Beach Community Redevelopment Agency ---- THIS IS AN AGREEMENT, entered into this ~day of \UNe." , between the ynto,n Beaco Comm nity. Redevelopment Agency, hereinafter referred to as C RA, and \ >- \~ ~ ~ ' , a Property Owner, hereinafter referred to as the Grantee. PROGRAM AGREEMENT 1. Alterations: The Grantee agrees not to alter, renovate, or demolish the new fayade for five (5) years, commencing at the time final inspection by the CRA is completed. If violated by the Grantee, the CRA may choose to require grant fund repayment and enforced by property lien. 2. Inspections: A minimum of three (3) inspections by the CRA are required. Those minimum CRA inspections are (1) at the time of the application, (2) during work and (3) final inspection. Additional inspections may be required by the CRA. These inspections in no way are substitutes for required City Inspections and compliances. It is the sole responsibility of the Grantee to schedule inspections with the CRA and City. 3. Term: The property owner must complete the fayade 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 fayade improvements in a timely manner will result in the property owner losing the grant reimbursement opportunity. The Board may consider time extensions. 4. Grant Extension: The Grant may be extended for six (6) months by the CRA Board. The request for the extension must be received no later than thirty (30) days prior to the deadline for action. The extension request shall include extenuating cirrumstances leading to the need for an extension. The extension is at the sole discretion of the CRA Board. 5. Maximum Grant Funding Amounts: The CRA will provide a matching grant up to the amount of Fifteen Thousand Dollars ($15,000) to encourage improvements on residential properties for approved ex penditures. 6. Matching: The following can be used as match for the applicant: Cash and/or in-kind and sweat equity work. In-kind and sweat equity may not be greater than 50% of the project and shall not exceed the cost of project materials. 7. Default Clause: If the Grant is not extended and/or if the residential improvements Boynton Beach Community Redevelopment Agency Residential Fa<;:ade Grant Program Agreement Page 1 of 6 Revised 08/14/04 The program information form is attached as Exhibit" A" and is herby made a part of this agreement. By signing this agreement and formal requesting consideration of grant funding, the property owner certifies that all information and statements made are true and correct. ( \" ~~\~ '\~'\~~~~:~4~'\~~roperty Owner "- (Date) C R A Director STATE OF FLORIDA, COUNTY OF PALM BEACH (Date) BEFORE ME, an officer duly authorized by law to administer oaths and take acknowledgements, personally appeared produced , who is personally known to me or 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 FOREG OING, I have set my hand and official seal in the State and County aforesaid on this day of ,200_. NOTARY PUBLIC My Commission Expires: Boynton Beach Community Redevelopment Agency Residential Fac;;ade Grant Program Agreement Page 4 of 6 Revised 08/14/04 2004/2005 RESIDENTIAL FACADE IMPROVEMENTS GRANT PROGRAM INFORMATION FORM (EXHIBIT "A") (Please Print or Type Only - Use Additional Sheets If Necessary) Name of Property Owner: APPLICANT INFORMATION tv\Al\lA- Li0\- (~I-\L~ILA J\c\~ N~~ \~"J ~\ Address of Property: City/State: ~ r) In ^.' n. 1\ \ \ f:j \\w.f Ily~__ cJ \ \ \ Phone # Day: (Sl\) 'l~.:;, ~g ~1 Fax: Zip Code: "?-J ~ t~ .~ Evening: inJ) jqt:o ~ (O'-{35 E-Mail: 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 of the renovation and/or building improvements 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 aa;ount, line of credit, etc.), · A minimum of four (4) 3" x 5" color "before" photos of the project which must include "public views", of all sides and/or work proposed, · Project color chips, material samples if applicable and material specs (if applicable), · Warranty Deed and Legal Description or Real Estate Purchase Contract, Proof of Oa;upancy by the Applicant. . . . Boynton Beach Community Redevelopment Agency Residential Fac;:ade Grant Program Agreement Page 5 of 6 Revised 08/14/04 2004/2005 SINGLE FAMILY OWNER oee UPIED RESIDENTIAL FAC;ADE IMPROVEMENTS GRANT PROGRAM HOLD HAR MLESS (EXHIBIT "B") ~_ (hereinafter know as Applicant) to the extent permitted by law, agrees to protect, defend, indemnify and hold the Boynton Beach Community Redevelopment Agency (hereinafter know as CRA), and its officials, em ployees and agents harmless from and against any and all lawsuits, penalties, damages, judgments, decrees, costs, charges and other expenses or liabilities related to the Applicant's negligence in connection with or arising directly out of the Single Family Owner Occupied Residential Fayade Improvements Grant program with CRA. The Applicant further agrees, to the extent permitted by law, to investigate, respond to, provide defense and e (Date) STATE OF FLORIDA ) ss: COUNTY OF PALM BEACH) I HEREBY CERTIFY that on this day, before me, an officer duly authorized to administer oaths and take acknowledgments, personally appeared known to me to be the person described in and who executed the foregoing instrument, who acknowledges before me that she executed the same and an oath was not taken. Witness my hand and official seal in the County and State last aforesaid this day of , 2003. NOTARY PUBLIC My commission ex pires: Boynton Beach Community Redevelopment Agency Residential Fa<;:ade Grant Program Agreement Page 6 of 6 Revised 08/14/04 Nf ;)- ew /\.Of)/_ --r; "..~ c.. '1"-(, I /2.-F- 6U ~y CY. 110 'rJ Wa:cl- d'f'W1" r-: /: W ~..... JJ (..tU . .'.. ....". a.& nevJ f~b-..r .l- f h.l.r" 'Sf:; '1. /) , ~-J u fL.A. cA.. (0 e- ~ .(2. 1\1\.0 ..,~ ih "- ei!,d....- ~i.e ~ ~J- -r;~- of 10 WI~J.D\4S ,frNrJ- r",dJ "'- JJew -{ ~J ~ II~ . ."'\ Wuu, CA#e-S Sh.o&.ors '_ -<0 d--ANJ... saf//Ij' ReM 0 "e (b,., c.,.,)- f.A-Tr <> fAA~ -ti..t- D H' c.e.. f (Lois ~ S~e~ ~5~' oJJ-- CB~ ~D R~~"...:Do~t- ~ tL... ,4~ 1- w,.J ~o P6ft'lT d- Re.pD: ('" L~) i',iJ~ ',.;-.1$ . 11M ~~ UJJ~s (''''I J _ U~ cJLL W (\ wi.. \ ~ W0 Y\-c&J p' / ./ PrePOred bv and R~turn to; PERRY. SCHONE. P.A. 50 S. E. Fourth Avenue Oelrav Beach. FL 33444 PROPERTY CONTROL , 00 43 46 04 00 001 0220 OCT'-21-1992 G3:36P. 92-320897 a~ 7443 P'! 467 Con 12IJ1OO- 00 Doc 890. "'G CLERK Of l~ CQURT' - Pe. W./NTY, Fl ""'\ "',\RRANTY DEED /",\ TliI5;-'1inS~, lIl4de this the ~ day of September, 1992, between CHRIStINE ~CELLINO, an unremarried widow, SONYA M. COSTIN, a lIl4rrIed woman a\d~~RICX r. MARCELLINO Sr., a married ~an, Grantor-, and LUISA BARRERA,\~:s~Qle woman, whose post office address Is: 2541 Bessie St., City of De.lt.ay Bcoch, State of f"lorida 33445, Grantee.. "'I~~$~, that said Grantor, for and in considoration of the SUlll of TEN.~.JUl'D 00/100 (SID. 00) OOLl-'RS, and other good and valuable considerations t.o~) eaid Grantor In hond paid by said Grantee, the receIpt whereq.t.J,:a hereby acknowledged, has grantod, bargained and Bold to the saId ~e, and Grantee' B heirs and assigns forever, tho (ollowing del!lci.j~\j land, situate, lyIng and being in Palm Beach County, FlorIda,,"to~-!o"it: ..~.,~,,~ A parcel of Lan~(~~vernment Lot 1, Section 4, Township 46 South, Range 43 East, \?a~, B(]ach County, Florida, more partlcul11rly described as folldw's :.:, Beginning at the in~~ction of the easterly rIght of way line oC State Road 5 {U.S.lr(ilith a line parallel to and 579 feet southerly (meaBured at right a~gl~ from the north line of Section 4, thenco Southerly along said v'~be of way line, being an arc of circular curve concave to the we~~nd having a radius of 5,762.65 feet, 84.45 feet to the intersecti~ w1.t:h on ore of a circular curve concave ,to tho west and having a radluif'of 11,509.20 teet; thence southerly along the arc Of said cuty.~.;r5,.34 feet; thence N. 89' 18' 46" E., parellal to the north lino~!~.lljd Betton 4, 244.64 feet; thence N, S' 26' 06" E., to a point i~~.1d',l1ne 579 feet south of, and pacallel to the north line of Baid B~~~._;4; thence S. 89'lB'46" W., Illong said parallel line 225.73 fedt~})5t~ point of the beginning. (<)'~ ..J GRANTORS Sonya M. Costin and ~4i~1C~. F. Marcellino, Sr. hereby represent that this 1s not thoir A~e~~O~d. ,.... SUBJECT TO rostrictions, roservatio~~~d easements of record, if any; taxes (or the year 1992 and 8ubsequ~ht')ye/lrs and any and all valid zonIng ordinances - '-'}-:'::'~,"'y AND said Grantor does hereby fully wllrr~nt'~e title to said land, and will defend the allme against the lawfu(,>e:::laims of all persons whom- BOeVeI'. I';--:-:'~\ I, .. I "Grantor" and "Grantee" ara used for si n#~al:-...,or plural, as context requires. (( .../,.:, IN WITNESS WHEREOF, Grantor has hareu~~9:~~ Grantor's hand and seal the day and year firat above written. ~~~/)\ , /V (~"=-<~0~ Signed, sellled and delivered in our presence: . j) h,,~~~~ .r & .7.ver.. printed name of witness ~;;;"N; ~~;~1~~~ 3675 N, Fedoral Hwy Delray Beach, FL 33483 Gary R. Nikolits,CF A Palm Beach County Property Appraiser Property Mapping System Legend D Parcet Bomdary ~ lot nunber Search Owner Information PC N: 00434604000010220 Ret1.Iirt-hi PAPA Page 1 ot I ParCel Oeta Us Name: BARRERA MARIA LUISA Location: 3675 N FEDERAL HWY Mailing: 3675 N FEDERAL HWY DELRA Y BEACH FL 33483 6332 2005 Preliminary Assessment Market Value: $224,269 Assessed Value: $133,940 Exempt Amnt: $25,000 Taxable: $108,940 2005 Estimated Tax Ad Valorem: Non ad valorem: Total: Sales Information Sales [)!ite Sep-1992 Jun-1987 Jan-1975 Palm Beach County Property Map Map Scale 1 :800 Map produced on 7/26/2006 from PAPA http://www . pbcgovcom/papa http:// gisweb. CO. palm -beach. fl. us/ipapagis/presentation/mapping/printnew .asp ?MAPURL= http:/ / gi sweb.... 07/26/2006 Palm lJeacl1 County Property Appraiser l-'roperty ~earch. ~ystem Page 1 of 2 ~f:R':!:~l~rm,.,'?(!-:JF:"i': 1;, "roperty Appraiser's Public ACCllSS System ~ ~ -:::-"1 ~~:~ ~ ,~' ' ~~,'''' >>' R + :.::: -::: -" .. ~ - J' . 'i " ~ i, ( ) <' '" ~ ~ '<- j. r _ ,~, !'0"'''' . ,~-r d'^ j "' ~~v,1 :- ~,,; t; f ':I ~ ~ ~ 4, Horne \#"~~~'f. ~'il/^,,~ ~ *~ '" ".-, ~ Property Information Location Address: 3675 N FEDERAL HWY [~",,~~!tw..l!L'''i'i'" I Municipality: UNINCORPORATED Parcel Control Number: 00-43-46-04-00-001-0220 Subdivision: Official Records Book: 07443 Page: 0467 Sale Date: Sep-1992 Legal Description: 4-46-43, S 100 FT OF N 679 FT OF W 225.73 FT OF GOV LT 1 LYG E OF SR 5 Owner Information Name: BARRERA MARIA LUISA ~'LQr.iJlerJ<<4i;J Mailing Address: 3675 N FEDERAL HWY DELRAY BEACH FL 334836332 Sales Information Sales Date Book/Page Sep-1992 07443/0467 Jun-1987 05346/0407 Price SClI~ Type Owner $127,200 WARRANTY DEED BARRERA MARIA LUISA $100 LIFE ESTATE r Exemptions Regular Homestead: $25,000 Total: $25,000 Year of Exemption: 2006 Appraisals Tax Year: Improvement Value: land Value: Total Market Value: U_seCod,e: 0100 Tax Year 2005 Number of Units: 1 *Total Square Feet: 1582 Acres: 0.53 2003 50 367 $161 609 211 976 Description: RESIDENTIAL * in residential properties may indicate living area. Tax Year: Assessed Value: Exemption Amount: Taxable Value: Tax Values Tax Year: Ad Valorem: Non Ad Valorem: Total Tax: l&.~w~~1 ~]Mc.al~ 1~;~J'L&"i,,,,,,,,1 [..~!~.~~I b,~~~Jli!!ii>>1 L,,~;;.~,,&.tD1~,.i;Jii!'",'diJ NOTE: Lower the top and bottom margins to 0.25 on File->Page Setup menu option in the browser to print the detail on one page. Recore! Searcll I Information I Exemptiolls I Commulllty I Employment I New Horne Buyer I Office Locations Value AcjJustrner1t Board I Save Our Homes I Senior Corner I Disclalrller http://\\'ww.co.palm-beach. 11. us/papalaspx/\veb/detail_ info.aspx?p _ entity=004346040000 1 0220&geonav... 07/26/2006 VI. CONSENT AGENDA - H. APPROVAL OF PALM BEACH COUNTY EASEMENT FOR THE TWO GEORGES MARINA fa " ~~~qY~T2~eRA iiIii East Side-West Side-Seaside Renaissance BOYNTON BEACH CRA AGENDA ITEM STAFF REPORT eRA BOARD MEETING OF AUGUST 8, 2006 AGENDA ITEM #: x I Consent Agenda Old Business New Business Public Hearing Other SUMMARY: Palm Beach County has supported the CRA and the City in their efforts to secure a public marina at Casa Loma Blvd., (Two Georges Marina) and toward that effort has pledged $2,000,000.00 for the purchase. Now that the CRA is the owner of the marina the County is preparing to remit their share of the acquisition costs. To that end the County wishes to incorporate an easement on the property ensuring its continued use as a public marina. The County wishes to guarantee the marina's public access rights in perpetuity. As the County goals are consistent with the CRA and City goals, and as our attorney has worked closely with the County on the easement, it is beneficial for the CRA to enter into this easement. FISCAL IMPACT: The CRA is ready to accept the County's funds into its revenue stream for fiscal 2005- 2006. RECOMMENDATIONS: As this easement has been reviewed by CRA Counsel and is approved as far as form and sufficiency are concerned. Staff recommends the CRA incorporate the easement into our property. Kenneth Spillias, ESQ. CRA LEGAL COUNSEL T:\AGENDAS, CONSENT AGENDAS, MINUTES & MONTHLY REPORTS\Completed Agenda Item Request Forms by Meeting\06 08 08 CRA Board Meeting\Marina Easement For County.doc Prepared by: Howard J. Falcon, III Assistant County Attorney Palm Beach County Attorney=s Office 30] North Olive Avenue, Suite 601 West Palm Beach, Florida 33401-4791 Return To: David Douglas Palm Beach County Property & Real Estate Management Division 3200 Belvedere Road, Building 1169 West Palm Beach, Florida 33406-1544 Property Control Number: 08-43-52-03-0000-0071 WATERFRONT PRESERVATION EASEMENT AND DECLARATION OF RESTRICTIVE COVENANTS FOR BOYNTON BEACH CRA MARINA THIS IS A WATERFRONT PRESERVATION EASEMENT AND DECLARATION OF RESTRICTIVE COVENANTS FOR BOYNTON BEACH CRA MARINA made , granted by the BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY ("Grantor"), a public agency created pursuant to Chapter 163, Part III Florida Statutes, with an address of 639 Ocean Avenue, Suite 103, Boynton Beach, Florida 33435 in favor of PALM BEACH COUNTY, a political subdivision of the State of Florida, with an address of Governmental Center, 301 N. Olive Avenue, West Palm Beach, Florida 33401 ("County"). WITNESSETH WHEREAS, the Board of County Commissioners of Palm Beach County, Florida (the "Board") has determined that it is in the best interest of the County to acquire real property or interests therein that preserve, protect or expand public access to and use of freshwater and saltwater bodies of water, to construct capital improvements that facilitate public access to and use of such bodies of water including, but not limited to, boat ramps, public parking and governmentally approved waterway dredging, and to acquire real property or interests therein that preserve working waterfront areas (the "Projects") in order to maintain and improve the quality of life of residents of and visitors to the County, to preserve the marine industry in the County, to maintain the present intensity of development of the working waterfront and to enhance tourism in the County; and WHEREAS, the Board has detennined that the Projects will serve valid paramount public purposes; and WHEREAS, Grantor is the owner of the Property, as hereinafter defined, including the Submerged Land, as hereinafter defined, and the buildings and other assets and improvements located thereon in Boynton Beach, Florida, known as Boynton Beach CRA Marina; and WHEREAS, Grantor has agreed to grant an easement to County and impose certain easements, covenants and restrictions upon the Boynton Beach CRA Marina, as hereinafter set forth for the preservation of certain existing uses and amenities and public use of and access thereto; and WHEREAS, Grantor has agreed to declare that the Property as hereinafter defined, shall be held, transferred, sold, conveyed and occupied subject to the easements, conditions, covenants, restrictions and reservations, hereinafter set forth. NOW THEREFORE, for good and valuable consideration paid to Grantor by County, the receipt and sufficiency of which is hereby acknowledged, Grantor does hereby grant to County, its successors and assigns, a perpetual non-exclusive easement in, on, through, and across the Property, as hereinafter defined, and for parking incident to such uses as are established by Grantor and located upon the Property, as hereinafter defined, together with ingress and egress thereto, for use by the public subject to the tenns of this Easement. Grantor further hereby declares that the Property, as hereinafter defined, shall be held, transferred, sold, conveyed and occupied subject to the conditions, covenants, restrictions and reservations hereinafter set forth. ARTICLE I DEFINITIONS 1.1 "Easement" shall mean and refer to this document entitled "Waterfront Preservation Easement and Declaration of Restrictive Covenants for Boynton Beach CRA Marina". I .2 "Grantor" shall mean and refer to the Boynton Beach Community Redevelopment Agency, and its successors or assigns. 1.3 Marina shall mean the marina, Structure(s), docks, boat slips and parking located within the Property. 1.4 "Property" means the real property described on Exhibit "A" attached hereto. Page 2 of9 1.5 "Restaurant Parcel" shall mean the property which is legally described on Exhibit "B" attached hereto and incorporated herein by reference and upon which a restaurant known as The Two Georges Restaurant is currently being operated. 1.6 "Structures(s)" shall mean that which is built or constructed, or any piece of work artificially built up or composed of parts joined together in some definite manner, the use of which requires more or less permanent location on the ground, or which is attached to something having a permanent location on the ground. The term shall be construed as if followed by the words "or part thereof." ARTICLE II RESTRICTIONS APPLICABLE TO PROPERTY AND STRUCTURES There is an existing two-story Structure located on the Property. This Structure is used for the marina related uses including, without limitation, a marina office, public restrooms, dive shop and classroom. Use of such Structure, and the Property generally and all Structures located thereon hereafter, is hereby restricted to public marina related uses. No use other than public marina related uses shall be allowed on the Property. ARTICLE III PUBLIC ACCESS TO MARINA There is currently a Marina with docks and twenty-four (24) boat slips at the Property. Grantor hereby grants to County, on behalf of the general public, the right of access to and use of the Marina. Grantor reserves the right to establish all rules and terms or conditions of operation of the Marina, but when open during normal hours of operation, the Marina shall be open to the public and the public shall have access thereto. Grantor may restrict access to the Marina after normal business hours for security reasons. Ns>thing contained in this Easement shall prohibit Grantor from implementing reasonable security measures to monitor and regulate (but not prohibit or unreasonably restrict) public access to the Marina during normal business hours. The Grantor presently has eight (8) boat slips available and leased to Charter/Commercial boat operators and shall continue to make available a minimum of eight (8) boat slips for the purpose of Charter/Commercial operations. Charter/Commercial boat slips that are not leased within ninety (90) days of the boating season, which for the purposes hereof shall be deemed to begin October 15t of each year, may be utilized for other public purposes by Grantor including leasing to private boat owners for the remainder of the boating season. Each Page 3 of9 boating season, Grantor shall offer for lease at least eight (8) Charter/Commercial boat slips. The Grantor shall offer the remaining sixteen (16) boat slips for lease to the general public, which may include boat slips leased on a transient or long term basis. In the event that more boat slips are added or constructed in the future, Grantor shall offer such additional boat slips for lease to the general public. The Grantor shall manage the leasing operation of the Marina and shall establish rental rates not more than market rent. However, in the event that the Grantor no longer desires to operate the Marina the Grantor must advise Palm Beach County prior to any changes in management control. Grantor shall maintain and operate the Marina on a continuous basis subject to the right of the Grantor to temporarily close the Marina for the purpose of maintenance and/or replacement of the improvements which constitute the Marina. Any such maintenance and/or repair shall be commenced promptly and be diligently prosecuted to completion. ARTICLE IV PARKING There are currently forty-two (42) parking spaces on the Property. Grantor shall maintain the existing number of parking spaces for the patrons of the Marina and other improvements on the Property and, provided the Restaurant Parcel remains in use as a public restaurant, for use by patrons of the Restaurant Parcel. Grantor hereby grants to County, on behalf of the general public, the right of access to and use of the parking at the Property. Such parking shall be available for public use at the Property in such locations and upon such terms, rates and conditions as may be established by Grantor from time to time. Parking for all uses on the Property shall be provided as required by the City of Boynton Beach, Florida. It is understood and agreed that nothing contained in the easement granted herein shall be permitted or deemed to supersede, alter or interfere with the rights granted to DSS Properties L.c. by that certain Grant of Easement dated March 15, 2006, from the Boynton Beach Community Redevelopment Agency to DSS Properties, L.c., recorded in Official Records Book 20065, Pages 1142-1152 of the Official Records of Palm Beach County, Florida. ARTICLE V FUTURE DEVELOPMENT Grantor agrees that no development will occur on Property other than future construction or renovation in conformance with the restrictions set forth herein. Any such future construction or renovation shall not exceed three stories Page 4 of9 in height. Grantor shall not permit any development on land adjacent to the Property to infringe upon or intrude into the airspace above the Property. No additional development of the Property shall occur, nor shall any further improvements or alterations be made to the Property which materially alter the current Marina, or which otherwise impairs, restricts, eliminates or impacts the existing marina uses upon the Property and the access of the public thereto. ARTICLE VI INSURANCE Grantor will maintain insurance against loss or damage to the improvements to which the public has access pursuant to this Easement including, without limitation, the Marina by fire and the risks covered by insurance of the type now known as "fire and extended coverage," and including windstorm, in an amount at least equal to replacement cost or the maximum amount available, whichever is less, subject to deductibles as determined by Grantor. Grantor will also maintain flood insurance coverage on the Marina under the federal flood insurance program in an amount at least equal to replacement cost or the maximum amount available, whichever is less, subject to deductibles as determined by Grantor. All insurance proceeds derived from casualty claims shall be used by Grantor to repair or replace the damaged improvements. In the event of any casualty, Grantor shall, at Grantor's expense, regardless of whether such casualty is covered by insurance or, if so, whether the proceeds of such insurance are sufficient to pay the cost of such repairs, promptly commence to repair any damage to the Marina, and thereafter diligently pursue such repair to completion using materials of like kind and quality or better. ARTICLE VII ENFORCEMENT RIGHTS In the event of a default, breach or violation of any term, condition, covenant or restriction contained in this Easement (a "Default"), County shall be entitled to seek to enjoin the Default and seek specific performance of the terms of this Easement and shall have the right to invoke any rights and remedies allowed at law or in equity or by statute or otherwise. Each right and remedy of County provided for in this Easement shall be cumulative and shall be in addition to every other right or remedy provided for in this Easement or now or hereafter existing at law or in equity or by statute or otherwise and the exercise or beginning of the exercise by County of anyone or more of the rights or remedies provided for in this Easement or now or hereafter existing at law or in equity or by statute or otherwise shall not preclude the simultaneous or later exercise by County of any or all other rights or remedies provided for in this Easement or now or hereafter existing at law or in equity or by statute or otherwise. Page 5 of9 ARTICLE VIII GENERAL AND PROCEDURAL PROVISIONS 8.1 Declaration Runs with the Land. The covenant, reservations, restrictions and other provisions of this Easement shall run with the land and bind the Property and shall inure to the benefit of the County and shall burden Grantor, its legal representatives, heirs, successors and assigns in perpetuity. 8.2 Severability. If any term, covenant, condition, restriction or other provision of this Easement is held to be invalid in whole or in part by any Court of competent jurisdiction, then such holding shall in no way affect the validity of the remaining provisions of this Easement all of which shall remain in full force and effect. 8.3 . Number and Gender. Wherever in this Easement the context so requires the singular number shall include the plural, and the converse; and the use of any gender shall be deemed to include all genders. 8.4 Title Warranty. Grantor hereby fully warrants its title to the Property and represents that it is lawfully seized of Property in fee simple and has good right and authority to grant this Easement and that the property is free and clear of any mortgage, lien or other encumbrance which may impair the enforceability of this Easement and agrees to defend County against the claims of all persons whomsoever. 8.5 Non-Discrimination. Grantor agrees that no person shall, on the grounds of race, color, sex, national origin, disability, religion, ancestry, marital status, or sexual orientation be excluded from the benefits of, or be subjected to any form of discrimination at the facilities required to be operated by this Easement. 8.6 Recording. County shall have the right to record this Easement in the public records of Palm Beach County and to re-record this Easement as and when County deems necessary to ensure it continued enforceability. Any re- recording of this Easement shall automatically be deemed to relate back to the original recording date of this Easement and to have priority over instruments recorded subsequent to the original recording date of this Easement. 8.7 Recitals. The recitals contained herein are true and correct and incorporated herein by reference. 8.8 Notices. All notices and elections (collectively, "notices") to be given or delivered by or to any party hereunder shall be in writing and shall be (as Page 60f9 elected by the party giving such notice) hand delivered by messenger, courier service, or national overnight delivery service (provided in each case a receipt is obtained), or alternatively shall be sent by United States Certified Mail, with Return-Receipt Requested. The effective date of any notice shall be the date of delivery of the notice if by personal delivery, courier services, or national overnight delivery service, or if mailed, upon the date which the return receipt is signed or delivery is refused or the notice designated by the postal authorities as non-deliverable, as the case may be. The parties hereby designate the following addresses as the addresses to which notices may be delivered, and delivery to such addresses shall constitute binding notice given to such party: 8.8.1 County: Property & Real Estate Management Division Director 3200 Belvedere Road Building 1169 West Palm Beach, Florida 33406-1544 With a copy to: Palm Beach County Attorney's Office 301 North Olive Avenue Suite 601 West Palm Beach, Florida 33401 Attention: Real Estate 8.8.2 Grantor: Boynton Beach CRA 639 Ocean Avenue, Suite 103 Boynton Beach, FL 33435 With a copy to: City of Boynton Beach 915 South Federal Highway Boynton Beach, FL 33435 Any party may from time to time change the address to which notice under this Easement shall be given such party, upon three (3) days prior written notice to the other parties. 8.9 Governing LawNenue. This Easement shall be governed by, Page 7 of9 construed and enforced in accordance with the laws of the State of Florida. Venue in any action, suit or proceeding in connection with this Easement shall be in a state court of competent jurisdiction in Palm Beach County, Florida. 8.10 Entire Understanding. This Easement contains the entire understanding and agreement of the parties with respect to the subject matter hereof. 8.11 Amendment. No amendment shall be effective unless the same is in writing and signed by Grantor, its successors and assigns and County. For purposes of amendment, Grantor's successors and assigns shall not include owners of residential condominiums constructed on the Property. 8.12 Time of Essence. Time is of the essence with respect to the performance of every provision of this Easement in which time of performance is a factor. Executed and delivered this _ day of ,2006. Signature of Witness BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY By: Signature Print Name of Witness Print Name Signature of Witness Its: Print Title Print Name of Witness Page 8 of9 STATE OF FLORIDA ) COUNTY OF PALM BEACH) The foregoing was sworn to and subscribed before me this _ day of , 2006, by , the Boynton Beach Community Redevelopment Agency, who personally appeared before me, and he is [check one:] _ personally known to me OR produced the following as identification: [NOTARIAL SEAL] NOTARY PUBLIC, STATE OF_ My Commission Expires: I G\D. Douglass\Bovnton Bch CRA\Waterfront Preservation Easementdelete 7.25.2006 2 DOC. Page 9 of9 Deleted: G:\D. DouglasslBoynlon Bch CRA \ Walemont Preservation Easementdelete 7.25.2006.DOC EXHIBIT A LEGAL DESCRIPTION VI. CONSENT AGENDA - I. APPROVAL OF CONTRACT TO UPDATE AND REVISE STAFF PERFORMANCE APPRAISALS. ~1~qY~T2~ eRA Ii East Side-West Side-Seaside Renaissante BOYNTON BEACH CRA AGENDA ITEM STAFF REPORT eRA BOARD MEETING OF: AGENDA ITEM: x I Consent Agenda Old Business New Business Public Hearing Other SUBJECT: Updated & Revise Staff Performance Appraisal Forms Based on Board Approved Job Task Analysis SUMMARY: At the April 11 , 2006, CRA Board Meeting the board approved the Job Task Analysis and Job Description work product generated by HR Consultant, Dr. Linsey Willis. At this time, Dr. Willis is completing the overall CRA Strategic Plan to be presented to the CRA Board for discussion at the August 24th Workshop. Dr. Willis needs to revise the performance appraisal mechanism and tie each job description at the CRA to the overall strategic plan. This is the final step in developing the agency's competency based staff performance plan. FISCAL IMPACT: $6,800.00 RECOMMENDATIONS: Approve the contract to complete and implement this performance mechanism. Kenneth Spillias, Esq. CRA LEGAL COUNSEL T:\AGENDAS. CONSENT AGENDAS. MINUTES & MONTHLY REPORTS\Completed Agenda Item Request Forms by Meeting\06 08 08 CRA Board Meeting\Contract for Staff Performance Appraisal.doc Hug UI OS 02:25p -frank willis 561-381-5077 p. 1 A Proposal to Update and Revise Performance Appraisal Forms for all CRA (Community Redevelopment Agency) of Boynton Beach Staff Positions (Total Cost: $6,800.00) I. Revise Job Descriptions Based on Orqanizational Changes and Review City Performance Appraisal Manual A. Review City of Boynton Beach Performance Appraisal Manual and forms. B. Revise CRA job descriptions based on organizational changes Le., 1. Executive Assistant and Administrative Assistant - reallocate job duties more appropriate for the level of responsibility for each position, and add additional duties where appropriate and based on input from Executive Director. 2. Finance & Human Resources Manager - remove Operations duties, responsibilities, and task statements. 3. Assistant Director - insert Operations duties and responsibilities, and task statements from #2 job description. C. Submit revised job descriptions to Susan Harris for review. D. Make final changes based on staff review. II. Revise and Modify City of Boynton Beach Performance Appraisal Document A. Incorporate all relevant job description(s), competency statements and job task information for each position into one master performance appraisal document: 1. Use City definitions (e.g., appraisal factors) where appropriate; Le., Judgement, Job Knowledge and include some broad Duty and Responsibility statements to minimize detail but to ensure job- relatedness and to reduce subjectivity. 2. Determine weight for each competency for each job based on workload indicators from job task analysis data and include on separate form with legend. 3. Each form will not include the same exact competencies (e.g., appraisal factors) as listed in the City instructions and forms. 4. The positions are: a. Assistant Director, Finance & Operations b. Finance & Human Resources Manager c. Director of Planning 3 Hug 01 06 02:26p -frank willis 561-391-5077 p.2 d. Administrative Assistant e. Manager, Marketing and Communications f. Executive Assistant B. Review CRA Goals Action Plan form and link with Strategic Plan document (Le., excel form) such that annual performance appraisal will be closely tied to the employee's accomplishment of strategic goals and objectives. Incorporate this new form into master performance appraisal document and formes). : c. Modify City's rating scale to reflect a five (5) point rating scale with specific definitions. D. Make final changes that closely resemble the City's forms to the extent possible, and to ensure the competencies each employee is evaluated on is based .on their current job description. E. Write a short set of instructions (1-4 pages versus 30 pages) for the employee's use when completing his/her part of the appraisal process 1. The instructions will instruct them on how to incorporate their review of their annual goals and objectives (from strategic plan document and CRA Goals Action Plan macro form) and refer them to their current job description. 2. This shorter set of instructions will also refer staff to the relevant portions of the City's Performance Appraisal manual. F. Meet with Susan Harris to review/discuss draft material over phone and in person. 1. Submit final draft to Susan Harris for review by Ms. Bright and Mr. Robert Reardon for their direct reports. 2. Provide final copies of all forms via email in Microsoft word and Excel. FINAL OVERALL TOTAL: $6,800.00 4 VII. PUBLIC HEARING: NONE IX. OLD BUSINESS: A. CRA DOWNTOWN PARKING ANALYSIS & RECOMMENDATIONS 1~~<tY~T2~iC RA Ii East Side-West S',de -Seaside RenaISsance BOYNTON BEACH CRA AGENDA ITEM STAFF REPORT eRA BOARD MEETING OF: August 8, 2006 AGENDA ITEM #: Consent Agenda x Old Business New Business Public Hearing Other SUMMARY: In 2000, the City of Boynton Beach conducted a shared parking analysis for the central business district (CBD) (See Attached Map). The CBD is generally located south ofNE 6th Ave, west of the Intracoastal, north ofSE 2nd Ave, and east of the FEC Railroad. With the addition of public parking spaces at Marina Village, there will be an inventory of 3,419 parking spaces in the CBD. The number of spaces required at 100% of City Code requirements, i.e., not using the ULI Shared Parking calculations, is 5,928. This represents a 42% deficit or 2,509 spaces at peak demand. I t is generally recognized that downtown areas cannot provide 100% of parking demand at peak hours, but rather rely on the fact that some people will walk to downtown and others will use some alternative of mass transit. Also, it is not financially prudent, nor a good use of downtown land to create parking to meet 100% of peak demand. However, in order to create a successful dOwntO\>"l1 area with healthy retail businesses, some public parking must be planned for. Staff has identified five potential sites for public parking in the downtown area. Two of the sites would be incorporated into new projects, Ocean One and Ocean Pointe Park. These locations would provide parking for the Boynton Beach Promenade and the Marina. The remaining three are sites that the CRA could acquire to create surface parking for the short term demand. This is particularly important with regard to the redevelopment of the historic high school. As demand for public parking increases, these sites could be developed as structured parking. A potential source of funds to create public parking is the Parking Trust Fund. Currently, City code permits a payment in lieu of for required parking spaces not provided on site within the Central Business District only. For development commencing October I, 2006 through September 30, 2007, the in lieu of fee per space is $5,000 increasing to $6,000 per space in the following year. In order to accommodate new mixed-use development throughout the CRA, staff recommends that Section 11.1.4 of the Land Development Regulations be amended to include all mixed-use districts within the CRA. Another recommend change to the Land Development Regulations is to update the ULI Shared Parking Calculations for mixed-use districts from the 1983 version to the 2005 version. FISCAL IMPACT: To be determined. C:IDocuments and SettingslbrightllLocal SettingslTemporary Internet FileslOLK1511parking recommendations. doc !~: 'i--~~~ .:~,~ , ~~~<tY~T2~IC RA Ii East Side-West Side-Seaside RenaISsance BOYNTON BEACH CRA AGENDA ITEM STAFF REPORT RECOMMENDA TIONS: 1. Authorize staff to begin negotiations with property owners and developers of Ocean One and Ocean Pointe to secure public parking. 2. Make a recommendation to the City Commission to amend Chapter 2, Section 11.1.4 of the Land Development regulations to include all mixed-use districts within the CRA. 3. Make a recommendation to the City Commission to amend Chapter 2, F, 11.b.ofthe Land Development Regulations change to the Land Development Regulations is to update the ULI Shared Parking Calculations for mixed-use districts from the 1983 version to the 2005 version. vfkJ ~ G#J Vivian L. Brooks Kenneth Spillias, Esq. CRA LEGAL COUNSEL C:IDocuments and SettingslbrightllLocal SettingslTemporary Internet FileslOLK151 Iparking recommendations. doc ,.,..............,_.- II [i 'I ,"::' . \\ =1t:Tl --' .1.....1.6 JI1111':L I,~ ~ ~ . ) (~J I )) V t. j;"h ) \....0.; '-D...) \. In n SEACREST BOUl.EVARQ - - - - - - - SEACREST BOULEVARD : I . '.l,1 I~ ) .....I \.. ~ s::: )> J:! '. ( (::-:: fTi \. ___J t /t_ . . -~ ~ c...c=l CJ \ .rJJ .( ~-J / '-..'/ I \J, \> In ~ I I """ 0 .., ~ qq. '" I 0 -< '" INTRACOASTAL WA TERWA Y z ... I .... 0 0 z 0'" z:I: '" o~ ,., 3 ill E~ BB !;; >>- ~~~ 0 ~g ~ r :r ~~ = III ~C) ~~ I~C ~g so ~! ~z ::0 "'f'T'I c:: 'll ~~ .,.. lilf:- f ~ >>- ~~ r.~ ~ "'Ul ~ ~- '" .. 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C') eno c ill =l.r+ ~ C') (l) 0 C/I .... en C')C-1 o =I. 0 C/I l>> .... ....()l>> (l) enenC') C '0 0 =l.l>>!e. l>> () "'D ~ (l) (l) ... enC') ....0 ... ~ C C/I () .... .... C C') @ 0 a.C/1 .... en .... C')2-1 o () 0 C/I........ .... ~ l>> (l) a. ~ C') ... en 0 c '0 C/I ~l>>.... C () "'D @ (l) (l) a. ... m Vl !:!: 3 D) - CD C- o o Vl - o ~ "'0 D) ... " ~ (Q IX. OLD BUSINESS: B. REVIEW & SELECTION OF RFP RESPONDENTS- OLD BOYNTON BEACH HIGH SCHOOL ~~~<tY~T2~ eRA Ii East Side -West S',de -Seaside RenaISsance BOYNTON BEACH CRA AGENDA ITEM STAFF REPORT eRA BOARD MEETING OF: AGENDA ITEM: I Consent Agenda I X I Old Business New Business Public Hearing Other SUBJECT: Responses to RFP Old High School SUMMARY: In March 2006 the CRA Board directed staff to conduct a Request for Proposal (RFP) process to select a financially solvent cultural candidate to renovate and revitalize the Old Boynton Beach High School. This building serves as a downtown strategic west end anchor for the Ocean A venue pedestrian corridor. The RFP process included public charrettes to ascertain what type of building uses would be most desirable for the facility. However, the process did not clearly delineate anyone specific use was most appropriate most respondents would like the facility preserved in some capacity. The RFP Selection Committee reviewed the two proposals, but was unable to make a definitive recommendation to the CRA Board. Therefore, staff requested both respondents present a 15 minute power point presentation of their proposal followed by a board directed "Q & A" session, (eRA Board received copies of the proposals via courier on 8/2/06). FISCAL IMPACT: To be determined. RECOMMENDA TIONS: Select a respondent from the Request for Proposal process and direct staff to enter into a Development Agreement. Kenneth Spillias, Esq, CRA LEGAL COUNSEL T:IAGENDAS. CONSENT AGENDAS. MINUTES & MONTHLY REPORTSICompleted Agenda Item Request Forms by Meetingl06 0808 eRA Board MeetinglOld High School RFP .doc 409 Gulf Road North Palm Beach, Florida 33408 561-844-1450 phone 561-844-7521 fax 561-801-2461 cellular Corey W. O'Gorman A.I.C.P. Memo To: Lisa Bright, CRA Executive Director From: Corey W. O'Gorman cc: Selection Committee Members Date: July 31,2006 Re: 1927 High School Selection Committee Meeting On July 26, 2006 the selection committee for evaluating proposals received on the 1927 High School building met to review those proposals. Present at the meeting were Carole Aronson, William Nix, and Alvin Jackson. The committee reviewed the proposals submitted by Five Towns College and the Boynton Beach Historic Restoration Group relative to the selection criteria described in the RFQ/P. For each of the six categories the committee assigned points as follows: . Good - 3 points . Fair - 2 points . Poor - 1 point With a maximum possible score of 18 points the results were as follows: . Five Towns College - 9.5 points . Boynton Beach Historic Restoration Group -10 points The selection committee concluded that neither proposal scored well enough in all categories to warrant a positive recommendation to the Community Redevelopment Agency. Generally speaking, in the case of the proposal from Five Towns College the committee stated that the uses are not adequately described and their stated qualifications to obtain financing, conduct the restoration and operate the facility were not clear. In the case of the Boynton Beach Historic Restoration Group, their stated qualifications clearly meet the requirements of the solicitation, yet the uses proposed did not score well. The committee also commented that prior to either of these groups being selected (or perhaps considered) by the CRA, additional information should be provided in order to address deficiencies. Specific ratings and comments concerns raised by the committee were as follows: Five Towns Colleqe 1. Qualifications a. Demonstrated ability to obtain financing - Fair - 2 points Strategic Planning, Due Diligence Governmental Approvals, Redevelopment And Project Management i. Comment - should better define how they intend to finance - the plan is not clear ii. Comment - cash flow is for the existing facility, not for the proposed facility b. Demonstrated ability to conduct renovations - Poor - 1 point i. Comment - addressed design, but did not adequately address construction and the team was incomplete c. Demonstrated ability to operate and maintain facility - Poor - 1 point i. Comment - there is a statement that the monthly budget is approximately $1,200 is unrealistic and should be clarified 2. Proposed uses a. Relationship of proposed uses to those desired by the community (as illustrated by the survey conducted during the open house sessions) - Fair - 2 points i. Comment - the description of the day care center does not appear to relate to the other uses or the principal use ii. Comment - the Gallery of Honor Museum was not clearly described and did not appear to be consistent with other uses iii. Comment - performance stage is good b. Conceptual floor and site layouts and relationship to existing and proposed uses in the area - Fair - 2 points i. Comment - no thought to collaboration with the existing library ii. Comment - theater / Stage is great iii. Comment - museum idea is good (although not all members agreed), but the location does not seem to be appropriate 3. How the proposal meets the goals of the CRA to restore the building and create a self- sustaining use - Fair to Poor - 1.5 points i. Comment - based on the information provided it is not clear if this use can support itself ii. Comment - the proposal did not do a good job of articulating how the facility would create a cultural focal point. iii. Comment - the proposal discusses the need to obtain certification in the State of Florida but does not describe the process or the likelihood of success. Boynton Beach Historic Restoration Group 1. Qualifications a. Demonstrated ability to obtain financing - Good - 3 points i. Comment - financing includes use of tax credits that are offered in areas impacted by hurricanes - it is not clear that this is an appropriate source ii. Comment - overall financing strategy well thought out and a sophisticated approach, but not clear that it is possible b. Demonstrated ability to conduct restoration - Good - 3 points i. Comment - well qualified professional team c. Demonstrated ability to operate and maintain facility - Poor - 1 point i. Comment - the Harid appears to have been a afterthought and is not at all solid based on the letter ii. Comment - O&M budget is well done and appears to be complete (but it appears not based on running the center but just on the charter school part) iii. Comment - the potential tenuousness of charter schools makes them as an end-user a higher risk as a sole/primary source of revenue 2. Proposed Uses a. Relationship of proposed uses to those desired by the community - Poor - 1 point . Page 2 i. Comment - the characteristics of a charter school do not lend themselves well to interacting with other uses in the area b. Conceptual floor and site layouts and relationship to existing and proposed uses in the area - Poor - 1 point i. Comment - while the charter school as a use in the building does not lend itself well to relating to other uses via the floor plan, several members thought that the site plan was thoughtful and innovative 3. How the proposal meets the goals of the CRA to restore the building and create a self- sustaining use - Poor - 1 point a. Comment - it is unclear that this use would be self-sustaining over time with a charter school as the primary source of revenue for the building . 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CONSIDERATION OF LETTER OF INTENT (LOI) MARINA VILLAGE PAD & PARKING ~~~<tY~T2lRA ~ East Side-West Side-Seaside Renaissance BOYNTON BEACH CRA AGENDA ITEM STAFF REPORT eRA BOARD MEETING OF AUGUST 8, 2006 AGENDA ITEM #: I Consent Agenda I X I Old Business New Business Public Hearing Other SUMMARY: The CRA wishes to secure 70 additional parking spaces in the Related group's garage, an 8,000 square foot piece of waterfront property, and a fuel dock with 20,000 square feet of easements for its public marina at Casa Loma Blvd. for $3,570,000.00, The Agency will use $1,000,000,00 from Bond #1, and $570,000.00 of the $2,000,000.00 pledged by PBC for the down payment. The balance of the purchase will come from General Fund operating over the next four (4) years. The Agency wants to enter into a Letter of Intent with the Related group to commence the process to by these items. The staff feels these purchases are consistent with the goals of the original marina purchase. Furthermore, the additional parking is necessary to alleviate parking problems at the marina, and the land component will be an asset to the City as a waterfront park. FISCAL IMPACT: The CRA has funds in Bond #1 for a partial down payment, and there are funds available from the County's grant as well in fiscal 2005-2006 for the balance totaling $1,570,000,00. The remaining $2,000,000.00 will be carried by the Related Group for four (4) years at an interest rate of 5.0%. The Agency reserves the right to prepay at any time. The TIF revenues expected to be derived from the Marina Village project will more than cover the annual principal and interest costs of the loan. RECOMMENDA TIONS: As the purchase will help parking, provide a water front park, and a fuel dock staff feels this is a win, win proposal. In addition, the City Manager is in favor of the purchase, and as the City will ultimately own the property staff recommends approval of the LOI and the ultimate purchase of the property. ROBERT T. REARDON, Assistant Director Kenneth Spillias, ESQ. CRA LEGAL COUNSEL T:\AGENDAS, CONSENT AGENDAS, MINUTES & MONTHLY REPORTSICompleted Agenda Item Request Forms by Meeting\06 08 08 CRA Board Meeting\Marina Pad Purchase. doc err The City 01 Boynton Beach Office Of The City Manager 100 E Boynton Beach Boulevard P.O. Box 310 Boynton Beach, Florida 33425-0310 City Manager's Office: (561) 742-6010 FAX: (561) 742-6011 e-mail: bressnerk@ci.boynton-beach.n.us www. boynton-beach.org July 28, 2006 Boynton Beach Community Redevelopment Agency Attn: CRA Board of Directors 915 S. Federal Highway Boynton Beach, FL 33435 RE: Purchase of Marina Village waterfront restaurant parcel, 70 garage parking spaces and fuel dock Dear Chairman Tillman and CRA Board of Directors: Please be advised that the City is very supportive of the CRA Board's initiative to purchase additional waterfront property, parking spaces and fuel dock from The Related Group. This acquisition is extremely beneficial to the residents of the City by continuing to encourage public ownership of our scarce waterfront property, Additionally, the City has known for several years the challenges to secure adequate and safe public parking in this area; a critical component to the overall economic revitalization of the marina project. As you are aware, the City's strategic long-term plan is to increase maritime activities within our inlet and the Intracoastal Waterway. Since the City will ultimately inherit the marina facility from the CRA, Mayor Taylor is firmly behind this strategic real estate initiative. Please keep the Mayor and I apprised of your progress, in K~ City Manager C: Mayor & City Commission Lisa Bright, Executive Director S:\City Mgr\Administration\JOYCE\CRA re Marina Restaurant.doc AA-IERICA'8 GATEWA Y TO THE GULF8TREAM LETTER OF INTENT August 4, 2006 Re: Commercial Lot and Other Assets at Marina Village Project at Boynton Beach, Florida Dear Mr. Rosso: This letter sets forth certain proposed terms pursuant to which the Community Redevelopment of Boynton Beach (CRA) ("Purchaser") would consider purchasing from TRG-Boynton Beach, Ltd" a Florida limited partnership ("Seller") (i) a parcel of land located in Boynton Beach, Palm Beach County, Florida as more particularly described on Exhibit "A" attached hereto (including all improvements, furnishings, equipment and fixtures owned by Seller and located thereon, the "Property"), (ii) certain equipment, submerged fuel tanks and other assets as described in Exhibit "B" attached hereto used in the operation of a gas pump operation (the "Gas Pump Assets"), and (iii) the exclusive right to use 70 public parking spaces (the "Parking Spaces"), The Property, the Gas Pump Assets and the Parking Spaces are hereinafter collectively referred to as the "Assets", This letter constitutes a letter of intent ("LOI") from Buyer for the potential purchase of the Assets from the Seller to the Purchaser upon the following general terms and conditions: ], Purchase Price: The total purchase price for the Assets shall be Three Million Five Hundred and Seventy Thousand and Noll 00 Dollars ($3,570,000) (the "Purchase Price"), The Purchaser and Seller shall agree upon a mutually acceptable allocation of the Purchase Price amongst the Assets and the Contract (as hereinafter defined) shall include an appropriate provision which sets forth such allocation, 2, Descriotion of Assets: a, Property: The land described on Exhibit "A" attached hereto, b, Gas Pump Assets: the equipment and submerged fuel tanks located on Casa Lorna Boulevard used in the operation of a gas pump and the exclusive right to operate same. If during the due diligence period provided for in Paragraph 3(a) below environmental or permit issues are discovered by Purchaser which, in Purchaser's sole discretion, are such as to cause Purchaser to choose not to purchase the Gas Pump Assets, and should Seller be unable to cure such issues to Purchaser's satisfaction prior to the expiration of the due diligence period as set forth herein, Purchaser will have no obligation to purchase the Gas Pump Assets and the purchase price for the Assets will be adjusted accordingly unless a separate written agreement is executed between the parties, c, Parking Spaces: An assignment of the exclusive right to use 70 parking spaces located in a parking garage to built upon Seller's property 3, Payment Terms: a, First Deposit - Upon the execution of this LOI by both parties, Purchaser shall deposit $100,000 (the "First Deposit") with the law offices of Greenberg Traurig, P ,A, ("Escrow Agent"), as escrow agent. Purchaser and Seller shall make reasonable efforts to agree upon and execute a purchase agreement for the Assets (the "Contract") on or before a date which is five (5) days following the Mr. Rosso August 4, 2006 Page 2 expiration of the due diligence period provided below, Upon the execution of this LOI by both parties hereto, Purchaser shall have up to 90 days to complete its due diligence of the Assets, During this due diligence period, Seller shall allow Purchaser or Purchaser's agents reasonable access to the Property, Purchaser shall not disturb the ongoing operation of the Property when conducting its inspections, and Purchaser shall be responsible for any damages arising from Purchaser's inspections, The First Deposit will be refundable in the event that Purchaser decides not to proceed prior to the expiration of the due diligence period or the parties do not enter into a Contract. b, Second Deposit - In the event that the parties agree upon a Contract and each executes and delivers the Contract to the other party, then Purchaser shall deposit an additional $400,000 (the "Second Deposit"; together with the First Deposit, the "Deposit") with the Escrow Agent upon the later of the expiration of the due diligence period or the execution and delivery of the Contract. The Escrow Agent shall invest the Deposit in an interest-bearing account, certificate of deposit or repurchase agreement maintained with or issued by a commercial bank or savings and loan association doing business in Miami-Dade County, Florida, provided it has received an appropriate W-9 from Purchaser, All interest accruing on the Deposit shall be credited to Purchaser except only in the event of a default by Purchaser. c. The Purchase Price shall be paid as follows: (i) Purchaser shall receive a credit against the Purchase Price at closing in the amount of the Deposit plus any accrued interest, and the Deposit shall be disbursed by Escrow Agent to Seller at closing, (ii) At closing, Purchaser shall pay to Seller an additional One MiI\ion Seventy Thousand and Noll 00 Dollars ($1,070,000) in immediately available funds, subject to prorations and adjustments to be set forth in the Contract. (iii) The balance of the Purchase Price in the amount of Two Million and Noll 00 Dollars ($2,000,000,00) shall be evidenced by a promissory note which is secured by a mortgage and security agreement encumbering the Assets, The promissory note shall accrue interest at 5% per annum and shall be amortized over a 4 year period with 48 monthly payments in the amount of $46,058,59, The form of note, mortgage and security agreement shall be attached as exhibits to the Contract. (iv) Purchaser reserves the right to pre-pay the balance of the Purchase Price at any time without penalty, 4. As Is Transaction: The Assets are being sold on an "as is" basis, without any representations or warranties (except only the customary limited representations and warranties for this type of "as is" transaction). 5, CIosin!! Date: The closing shall take place on or before thirty (30) days after the date that the Contract is executed and delivered by both parties, or five (5) business days after the due diligence period ends, whichever is later, unless otherwise modified as agreed to in writing by the parties, 2 Mr, Rosso August 4, 2006 Page 3 6. Escrow Aeent. The Escrow Agent shall not be liable for any actions taken in good faith, but only for its gross or willful negligence, The parties hereby indemnify and hold the Escrow Agent harmless from and against any loss, liability, claim or damage whatsoever (including reasonable attorney's fees and court costs at trial and all appellate levels) the Escrow Agent may incur or be exposed to in its capacity as escrow agent hereunder except for gross negligence or willful misconduct. If there be any dispute as to disposition of any proceeds held by the Escrow Agent pursuant to the terms of this Agreement, the Escrow Agent is hereby authorized to interplead said amount or the entire proceeds with any court of competent jurisdiction and thereby be released from all obligations hereunder, The parties recognize that the Escrow Agent is the law firm representing Seller, and hereby agree that such law firm may continue to represent Seller in any litigation pursuant to this Letter of Intent or the Contract. The Escrow Agent shall not be liable for any failure ofthe depository. Except for the provisions of paragraphs 3(a) and 6 above, which are intended to be binding upon the parties, this letter is intended to be solely an expression of Purchaser's intent to purchase the Property and is subject to the execution by both parties of the Contract acceptable to both parties, If Purchaser and Seller are not able to agree upon and execute the Contract on or before a date which is five (5) days following the expiration of the due diligence period, each party will be free to act independently of the other with regard to the Property without further obligation to the other, This proposal will remain open until , 2006 at 5 :00 p,m, (Miami, Florida time), and if not accepted by that date, shall be deemed withdrawn, In the event the proposed general terms are acceptable to the Seller, please acknowledge the same by having the Purchaser execute a counterpart copy of this letter where indicated below and return the executed letter of intent to our attention. Upon receipt of a fully executed LOI, we will have our counsel prepare the Contract, and Seller and Purchaser shall use their respective good faith efforts to enter into a Contract. Sincerely, Community Redevelopment Agency of Boynton Beach By: Name:: Title: AGREED and ACCEPTED this _ day of August, 2006 TRG-Boynton Beach, Ltd" a Florida limited partnership By: TRG-Boynton Beach, Inc., its general partner By: Name: Title: I :IClient DocumentslBo}l1ton Beach CRA \24 I 9-025IMISCILetter of Intent - Final.DOC 3 EXHIBIT "A" Le2al Description of Property Refer to "Preliminary Exhibit" attached EXHIBIT "B" Description of Gas Pump Assets MARINA VILLAGE Fuel Facility Description OVERVIEW The fuel dock at marina village has two 1 0,000 gallon underground fuel tanks. The tanks have electronic product mothering and leak testing equipment that eliminates human inventory and accounting error. Currently both diesel and gasoline are dispensed from two Bennett fuel outlets with two nozzles for each product. Tanks The two 10,000 gallon fuel tanks are constructed of a fiberglass outer coating and a steel interior shell. The tanks are positioned on the south east property line, The tanks are 8' tall and rest 3'-4' below ground level. Two submersible 12 horse pumps are positioned inside each tank. Pipinl! and Dispensers Two 2" pipes connect the tanks and dispensers. The pipes run approximately 225' at least 18" underground. The Bennett dispensers pump fuel at a rate of 18 gallons per minute. Each product has two dispensing hoses and use mechanical gages. The Duro hose reels each have 75' of fuel hose to maximize the total number of boats that can fuel at once. Monitorinl! and Compliance The fuel is monitored by a Veeder-Root TLS-350. The system is accessible to the fuel supplier by remote so all product ordering is automatic. The Veeder-Root conducts automatic leak detection tests and daily inventory reads. The entire system has been inspected and approved by all necessary regulatory agencies. EXHIBIT "A" Lee:al Descriotion of Prooertv Refer to "Preliminary Exhibit" attached M A T~1 . 1~u ~-~ [~ 'I........, :,. ,... ." '~~ :< \~ .1_ "':\ NI .~--,;, or o )~:ol~ /"' I W""I' ~".----,..':'r \ \'_ ._,-' // -..,~ h, _. _,~" ,_ .0_ j. .II ~l'.L .9 .-:/ w__ --k. -_-...:::.::~:~.... L: i .1 'R I I ...-""F.~TR(I.~V,LL\'cOF t../ u.lrRACOA!'iT AT. I W,\TCRWlI.Y I , ~~-::.=-:.=-~~ (r r~l" ~ II .. 1 ,I ~ II II I II U I II ,I I II I 1,1 t ~' I I , 1 . I , "'] r' I ;;' I I I ~ ~. I .:~~, III __+1.. I I ~ I L....... r..'\.91 1')-1 P.L ,\ " t In I .. I f ,..-,.'.'- ,...,...,..-t+-A'~"Ci ,I II' t .r..":,,, - -~ -i'.II' , 1t ... I~I II, --, .~.i..".-itl I I Il'''' I r-EC- I :~ 1 - I.' I I ---, I I r N '1' I~ A C (,) A 1; T .\ I I II I 'I I 1(1 I W A. T E R WAY III I L DOCKM;\Sl4if I OFFICE I I I' (:m 5.F.) ,'II ~I I !\ A J' -L~ r lj . I I II I:I'~ :.Q'. " R'ElITAl 7RA. 'l'1' PAD (7,DUD S.F.) ~ ~ ','I'.,r COMMER("fJ\.J. PAD (9t1o} Sof,) <;> ~ F."":>"I I :'lU TWO GEORC.IJ..\ R E:Cii,~ UIl-\.'H .-!':LAN (cf R ESTALRANT I <:OMME.J{CLAL PAD MAT(lNj\ VILLAGF ... 1l0YNTON AFACH FLORlnA ['1"\ VJ;.'.\\'I!\':irl'l'FlI'TAIa:L>!l\' ~ ROGI"R T'RY &. ASSUU.... In.;. ARr:Hl'TBCJ'S. 1'.A. JUt(E U"tI'.',> ,~I:AI.I;: I"' ...1::,:' Mr. Rosso August 3, 2006 Page 6 EXHIBIT "B" Description of Gas Pump Assets MARINA VILLAGE Fuel Facility Description OVERVIEW The fuel dock at marina village has two 1 0,000 gallon underground fuel tanks, The tanks have electronic product mothering and leak testing equipment that eliminates human inventory and accounting error. Currently both diesel and gasoline are dispensed from two Bennett fuel outlets with two nozzles for each product. Tanks The two 10,000 gallon fuel tanks are constructed of a fiberglass outer coating and a steel interior shell. The tanks are positioned on the south east property line, The tanks are 8' tall and rest 3' -4' below ground level. Two submersible Yz horse pumps are positioned inside each tank. Pipinl! and Dispensers Two 2" pipes connect the tanks and dispensers. The pipes run approximately 225' at least 18" underground. The Bennett dispensers pump fuel at a rate of 18 gallons per minute. Each product has two dispensing hoses and use mechanical gages. The Duro hose reels each have 75' of fuel hose to maximize the total number of boats that can fuel at once, Monitorinl! and Compliance The fuel is monitored by a Veeder-Root TLS-350. The system is accessible to the fuel supplier by remote so all product ordering is automatic. The Veeder-Root conducts automatic leak detection tests and daily inventory reads. The entire system has been inspected and approved by all necessary regulatory agencies. 6 Boynton redevelopment agency boasts of city's growth By Erika Pesantes South Florida Sun-Sentinel Posted July Ij 2006 Boynton Beach, The marina. A free trolley, Nearly 3,000 new housing units. The city is blossoming, and officials boasted about it Wednesday during the Community Redevelopment Agency's state of the CRA address, The redevelopment district spans 1,650 acres along the city's eastern fringe and includes the marina and developing downtown, CRA director Lisa Bright shared with community leaders and stakeholders how Boynton is emerging from the shadows of neighboring Delray Beach and Boca Raton. "We want people to know Boynton Beach is here," she said. There are 21 development projects within the district that will create 2,961 residential units worth $853.4 million, In the last year, the value of existing properties in the CRA district skyrocketed 52 percent to $820 million, In 2000, the same area was worth $26 million. CRA Vice Chairman Stormet Norem said the district is experiencing an urban renaissance, where a medley of various housing is being built, "Boynton Beach is a premiere location to live and work," he said, The CRA this week directed staff to begin negotiations to buy a waterfront parcel near the CRA-owned Two Georges marina along with 70 garage parking spaces from The Related Group, Bright said the purchase of this waterfront slice would help keep the waterways public. A $2 million Waterway Initiative Grant from Palm Beach County may help pay for the estimated $3,5 million for parking, fuel docks and land, Other CRA plans include expanding the city's trolley system, Bright said the trolley, which runs daily and is used by 6,000 riders monthly, celebrated its first anniversary this month. The CRA also wants to convert the old Boynton Beach High School, which last saw a graduating class in 1949, into a cultural center that will become the western anchor to the city's downtown, Next month a selection committee will recommend to the board which organization will help make these plans a reality, In May, the CRA's future seemed uncertain after commissioners debated whether to disband the group after turmoil between board members grew and board member James Barretta resigned. Commissioners voted to keep the board in place, Erika Pesantes can be reached at epesantes@sun-sentinel.com or 561-243-6602, IX. OLD BUSINESS: D. ADOPTION OF THE FINAL HOB PLAN ECONOMIC ANALYSIS BY TCRPC J@~~<tY~T2~icRA Ii East Side-West Side-Seaside Renaissance BOYNTON BEACH CRA AGENDA ITEM STAFF REPORT eRA BOARD MEETING OF: AGENDA ITEM #: I Consent Agenda I X I Old Business New Business Public Hearing Other SUMMARY: The CRA commissioned the Treasure Coast Regional Planning Council to conduct an economic analysis of the Heart of Boynton Neighborhood Concept Plan to determine the feasibility of the Plan's recommendations. The findings of the study were presented to the Board in May 2006, The document is now in its final form and ready for adoption, (eRA Board received a copy of the final document via courier on 8/2/06). FISCAL IMPACT: None, RECOMMENDA TIONS: Adopt the TCRPC Heart of Boynton Neighborhood Concept Plan Economic Analysis dated May 2006. V.i~tB~ L.1xuob-@ CRA Planning Director Kenneth Spillias, Esq. CRA LEGAL COUNSEL T:IAGENDAS, CONSENT AGENDAS, MINUTES & MONTHLY REPORTSICompleted Agenda Item Request Forms by Meetingl06 08 08 CRA Board MeetinglHOB Feasability Adopt.doc IX. OLD BUSINESS: E. DIRECT INCENTIVE WORKFORCE HOUSING ~1~<tY~T2~e RA Ii East Side- West Side-Seaside RenaISsance BOYNTON BEACH eRA AGENDA ITEM STAFF REPORT eRA BOARD MEETING OF: AGENDA ITEM: I I Consent Agenda I X I Old Business New Business Public Hearing Other SUBJECT: Final Approval of the Direct Incentive Program for Workforce Housing SUMMARY: At the 01/10/06 CRA Board Meeting, CRA staff requested the board to temporarily remove its Direct Incentive Program for revisions and changes, Staff brought a first draft to the board at the May 9,2006 and provided further direction for changes. Attached is final draft from both CRA staff and CRA legal counsel for board consideration, The following revisions have been suggested to provide the board more flexibility: 1.) Projects are no longer scored. This allows policy makers discretion to evaluate projects based on design, extraordinary value, level of risk, public need and more. 2.) Separation of incentives into two categories: 1.) Public Amenities; and 2.) Workforce Housing. This allows projects to potentially secure incentives in more than component; especially your larger projects that encompass a significant land mass. 3.) Increased reporting requirements and accountability on part of the incentive recipient. The existing program did not provide any specific reporting requirements to the CRA Board about progress of projects, delays, challenges to development, etc. 4.) Incentive recipients must be willing to provide financial disclosure through a project pro forma including developer profit as a line item. The board would most likely be willing to provide an incentive to cover a gap in the financing of a project; however, would most likely be unwilling to underwrite a project just to get it developed. FISCAL IMPACT: None. MMENDATIONS: ~G.i& Approve the Direct Incentive Program for Public Amenities. Kenneth Spillias, Esq. CRA LEGAL COUNSEL T:\AGENDAS, CONSENT AGENDAS, MINUTES & MONTHLY REPORTS\Completed Agenda Item Request Forms by Meeting\06 08 08 CRA Board MeetinglDirect Incentive for Workforce Housing.doc ~~~~Y~T'. . . East Side"'West Side"'Seaside Renaolssance Direct Incentive Program For Workforce Housing Updated 08/03/06 Boynton Beach eRA 915 S. Federal Highway Boynton Beach, Fl33435 www,bovntonbeachcra.org TABLE OF CONTENTS I. INTRODUCTION Page 1 II. PROJECT QUALIFYING GUIDELINES Page 3 III. PROGRAM ELEMENTS Page 5 IV. INCENTIVE PROGRAM APPLICATION REQUIREMENTS Page 6 V. INCENTIVE PROGRAM APPLICATION PROCESSING Page 9 VI. PROGRAM ADMINISTRATION Page 10 VII. INCENTIVE CALCULATION WORKSHEET EXAMPLE Page 11 VIII. MAP AND BOUNDARIES Page 13 IX. CONTACT INFORMATION Page 14 INTRODUCTION The Boynton Beach CRA seeks to encourage projects of excellence which define new markets, quality, innovation and character in the CRA area (See Attachment A). 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 sup'port 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. The Program emphasizes the importance of benchmarking significant events during the planning stages of each Project and keeping the CRA fully informed of a Project's progress, Further, the dream of home ownership or attainable housing rental is on the brink of becoming impossibility for many American families, particularly in South Florida, Many moderate income families cannot qualify for a mortgage or afford the monthly mortgage payments. A rapidly increasing population, flat income growth and increasing housing and construction prices are some of the variables that have contributed to this new reality. In response to this issue, programs have surfaced under different names: Workforce Housing, Affordable Housing, Low Income Housing, etc, The CRA identifies its Program as Workforce Housing. However, regardless of which title is attached to such programs, the goal is the attempt to make housing accessible and affordable to the low to moderate income level population, In an effort to provide a more comprehensive community benefit, this Program requires that Workforce Housing elements be addressed by applicants. A separate program seeks to better the public elements in private development projects. However, applicants under this Workforce Housing Direct Incentive Program are also encouraged to include public elements into their projects and will be evaluated accordingly, CRA Staff can provide additional guidance on these elements. APPLICATION TO THIS PROGRAM IS NO GUARANTEE OF FUNDING. FUNDING IS AT THE SOLE DISCRETION OF THE eRA BOARD. PRIOR TAXABLE INCREMENT FUNDING AGREEMENTS HAVE NO BEARING ON CURRENT APPLICATIONS. ALL APPLICATIONS ARE CONSIDERED INDEPENDENTL Y. PROJECT QUALIFYING GUIDELINES · The Project must be located in the City of Boynton Beach CRA Area as defined at the time of application, The Applicant must be the person, corporation or entity receiving the incentive funding, unless special circumstances are agreed to by the CRA Board. The individual(s) presenting and executing the Application shall be the same individual(s) who will execute the Agreement and must demonstrate and provide documentation of their authority to act on behalf of the Applicant. · All property taxes, fees and city/county liens owed by the Applicant must be paid and current. Documentation of this must be submitted with the Application. · The Project is required to be over $1,000,000 in projected new assessed taxable value upon completion. However, projects in the Heart 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, multiplied by 95%, and subtracting the current assessed value of the Project site, The value of any workforce housing units shall be included in the net assessed value. · Qualification for the Project is based on the project's 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. Multi-Family ownership units - (Heart of Boynton area only); 3, Stand alone Live/Work configurations (rental or ownership) (Heart of Boynton area only), 4. Rental with ownership opportunities (rent to own), 2 · The Project's projected total annual economic impact to the City (after completion) as projected, 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. · To qualify for incentives, the Project must contain Workforce Housing units, · Projects are also encouraged to have "Public Amenity" elements (required sidewalks, alleys and streets do not qualify), CRA staff will provide technical assistance in this area as needed, · The duration of the incentive shall generally not exceed ten (10) years. However, the CRA Board, in its discretion, may exceed the ten (10) year limitation by up to five (5) years if, in the view of the Board, a project exceeds expectations. · The incentive will generally not exceed 50% of the CRA Tax Increment Financing (TIF) revenue directly generated by the Project during the incentive period. However, the CRA Board, in its discretion, may exceed the 50% limitation up to an additional 25% of the generated TIF, if, in the view of the Board, a proj ect exceeds expectations. · No incentive amount (in anyone year) shall exceed 75% of the prior year's TIF annual revenue directly generated from the Project for that year. · Projects may be phased; however, each phase must meet program thresholds and incentives will not be distributed until each phase is complete and placed on the tax roll. PROGRAM ELEMENTS · Project Location - the proposed project must be within the CRA area. · Workforce housing units - Workforce units shall be sold/rented to persons earning between 50% to 120% of Palm Beach County median household income. The size (number of bedrooms) of the workforce units shall be in the same proportion as the market rate units. · Project Quality - consideration shall be gIven to innovation, quality, and overall contribution to the community, Projects are also encouraged to have public amenity features. · Economic Feasibility Studies are required except for the Heart of Boynton area, 3 INCENTIVE PROGRAM APPLICATION REQUIREMENTS 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 Executive Director 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 twelve (12) 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. Brief resume on the Applicant and Principals (Exhibit "A"). 6. Corporate structure. 7. Certificate of good standing from the Florida Secretary of State, Division of Corporations, 8. A list of all properties owned by the applicant within the CRA boundaries with PCN designations, regardless of the project property, 9. Project development proforma identifying the financial gap 10, A list of all relevant projects the applicant has successfully completed All personal financial information should be enclosed within an envelope and marked "personal and confidential" and addressed to the CRA Chief Financial Officer under separate cover. All such information shall be safeguarded in a fire secure cabinet and all original records will be sent back to those applicants that are not chosen, · Project Information 1, List of properties and their PCN numbers with the site survey showing each property. 2. Current tax roll value(s), projected tax roll value (supported by Item 6), and projected tax increment (see "Program Administration" for formula). 4 3, Project description (one-page narrative): · Type of Project - (Commercial, Residential, Mixed Use, etc. with Square feet 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. The applicant shall provide the CRA with a timetable of events for the project. The timetable shall outline the dates of completion of all phases of the project. 6. If a Direct Incentive Funding Agreement is entered into, a monthly report shall be required to be submitted to the CRA Executive Director to correspond to the projected timetable. This requirement will be outlined in detail within the Direct Incentive Funding Agreement. 7. Projected project value upon completion (Either A or B is required, both of which will be independently verified by the CRA): 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, 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. B. MAl Appraisal Summary - The project's projected value upon completion may be established by a State Certified MAl 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, The request for incentives and application, if approved by the CRA Board, becomes an integral component of the Direct Incentive Funding Agreement, including but not limited to other 5 requested information from the CRA. Therefore, great care should be taken to seek the most accurate projections possible for the Project. INCENTIVE PROGRAM APPLICATION PROCESSING Project Applications shall be screened and reviewed by staff or a CRA consultant for completeness and sufficiency. Based upon the applicant's financial information and other credit sources, an analysis shall be conducted by the CRA staff or their consultants. The review period shall not exceed 90 days from the date of submittal for a completed Application. On or before the 90-day period, staff shall either forward the Application, their findings, comments and/or recommendations to the CRA Board for consideration at the next regularly scheduled meeting, or request in writing that the Application provide additional information. The Applicant shall be notified in writing as to the Board's decision within five (5) business days after the meeting in which the application was reviewed, If the Application is denied, the Applicant may resubmit a revised Application for reconsideration. If the Board makes a recommendation to modify the Application, the Applicant shall have an opportunity to re- present the modified Application to the CRA staff and the process shall resume. Lobbying of the CRA Board, directly or indirectly, prior to staffs submission of the recommendation to the Board, will result in disqualification of the Applicant from this Program. PROGRAM ADMINISTRATION If the CRA Board approves the Application, and once the required documents are completed and executed, the program will be generally administered as outlined herein. Specific performance requirements and guidelines will be contained in the Direct Incentive Funding Agreement. Establishing Projected Tax Increment Financing ("TIF") for Application Submittal: The formula to calculate the projected potential TIF generated by a project shall be as follows: The projected value by either a MAl Appraisal or a certified third-party feasibility study, adjusted for homestead exemption, and multiplied by the current millage rate for the City of Boynton Beach and Palm Beach County as of the date the Board approves the Application. This 6 calculation will be considered to be the projected tax revenue. The increase in the assessed valuation of the project will be derived by subtracting the projected tax revenue from the current tax revenue of all the properties in the approved site plan approved by the CRA Board, The new projected tax revenue generated by the project will be herein described as the TIF, The new projected revenue is multiplied by 95% to generate the actual projected revenues to be received by the CRA, The Direct Incentive Funding Agreement will include a disclaimer that the TIF calculations are used only for projection and are not exact incentive amounts. Please see example of an incentive calculation below. INCENTIVE CALCULATION WORKSHEET EXAMPLE [Value ofthe Project prior to Redevelopment $ 2,000,000,00 Aggregate Value of all properties within Proiect Boundary) [Value of the Project after Redevelopment $ 12,000,000.00 (Aggregate Value of all properties within Proiect Boundary) Project Increment $ 10,000,000,00 TIF Revenue = (95% of Project Increment X (City Millage + County Millage) City Millage Rate* 0,00750 City TIF Contribution = 95% of Project Increment X City Millage $ 71,250,00 County Millage Rate* 0.00445 County Contribution = 95% of Project Increment X County Millage $ 42,275,00 *Millage Rates are set annuallv by the City and County as Dart of their respective budget processes. rrIF Revenue created by Project $ 113,525.00 ncentive Award = Award Factor X TIF Revenue created by Project ~ward Factor 50% Total Incentive A ward $ 56762.50 Total Remaining with CRA $ 56,762.50 NOTES: The developer incentive award calculations are based on City and County millage rates that are adjusted annually and fmalized by December 31st of each year. Incentive awards will be paid on April 1 st of each year following and based upon the final City and County adjustments. 7 Establishine: the Actual Proiect's New TIF Revenue Elie:ible 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 approved by the Board 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, which are dependent on the millage rates of the City and County, Incentive Disbursement Schedule: The incentive shall be disbursed in ten (10) annual installments after required actions have been completed by the Applicant, as set forth in the Direct Incentive Funding Agreement. The earned incentives will be dispersed on April 1 st, of the year following the corresponding tax year. Workforce Housine: Incentive: The following are definitions for the Workforce Housing Incentive Elements: · Workforce Housing Incentive shall be evaluated by analyzing the amount of Project Set Aside Percentage. · Project Set Aside Percentage shall be defined as the building (square footage) available for workforce housing, divided by the total building (square footage), in the Project for the residential usage. · Market Pricing shall be the projected market price per square foot, as established by comparable appraisal, for each of the uses in the Project. · The Discount Percentage is calculated 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. 8 · Administration of Workforce Housing Access Program - The Applicant will be required to qualify purchasers of the Workforce units and report quarterly via certified mail. The Project Applicant must qualify all purchasers 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 a household income of 50% to 120% of Average Median Income" for Palm Beach County. This is further defined by the Department of Housing and Urban Development ("HUD") for the year that the Incentive Program application is approved. b, Residential Sales - Individuals or families with household income of 80% to 120% of Average Median Income" for Palm Beach County as defined by HUD for the year that the Incentive Program application is approved. 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, The incentive unit must be the primary full-time residence of the qualified buyer. Program elements should be set as deed restrictions on the identified units. Proiect Oualitv Elements: Public amenities are defined as areas that have unrestricted public access for the life of the Project. Public amenities are not required as a part of this Workforce Housing Program but are strongly encouraged as a part of any project within the CRA boundaries, A separate direct incentive program exists for Public Amenities, Physical improvements that may be considered are very broad to encourage project design innovation. Specific items which will not be considered as contributing public areas are sidewalks (10' wide or less), roads, utility right-of- ways, alleyways and items solely required for safety/emergency access. NOTE: Applicants that have a project that qualifies for both WORKFORCE and AMENITIES incentives may not receive more that 100% of the T.I.F. generated by the project. 9 ATTACHMENT "A" eRA AREA MAP I:\Client Documents\Boynton Beach CRA\2419-000\Misc\Incentive Program - WORKFORCE Housing 7-21-06.doc 10 CRA Director: Address: Office: Fax: E-Mail: CRA CONTACT INFORMATION: Lisa Bright 915 S. Federal Highway Boynton Beach, FL 33435 561-737-3256 561-737-3258 brightl@ci.boynton-beach.fl.us 11 IX. OLD BUSINESS: F. DIRECT INCENTIVE PUBLIC AMENITIES ~~~<tY~T2~ eRA Ii East Side-West Side-Seaside Renaissance BOYNTON BEACH eRA AGENDA ITEM STAFF REPORT eRA BOARD MEETING OF: AGENDA ITEM: I Consent Agenda I X I Old Business New Business Public Hearing Other SUBJECT: Final Approval of the Direct Incentive Program for Public Amenities SUMMARY: At the 01/10/06 CRA Board Meeting, CRA staff requested the board to temporarily remove its Direct Incentive Program for revisions and changes. Staff brought a first draft to the board at the May 9, 2006 and provided further direction for changes, Attached is final draft from both CRA staff and CRA legal counsel for board consideration, The following revisions have been suggested to provide the board more flexibility: 1.) Projects are no longer scored. This allows policy makers discretion to evaluate projects based on design, extraordinary value, level of risk, public need and more. 2.) Separation of incentives into two categories: 1.) Public Amenities; and 2.) Workforce Housing. This allows projects to potentially secure incentives in more than component; especially your larger projects that encompass a significant land mass. 3.) Increased reporting requirements and accountability on part of the incentive recipient. The existing program did not provide any specific reporting requirements to the CRA Board about progress of projects, delays, challenges to development, etc, 4.) Incentive recipients must be willing to provide financial disclosure through a project pro forma including developer profit as a line item. The board would most likely be willing to provide an incentive to cover a gap in the financing of a project; however, would most likely be unwilling to underwrite a project just to get it developed, FISCAL IMPACT: RECOMMENDA TIONS: None. Approve the Direct Incentive Program for Public Amenities. Li Bright, Executive Director Kenneth Spillias, Esq. T:\AGENDAS. CONSENT AGENDAS, MINUTES & MONTHLY REPORTS\Completed Agenda Item Request Forms by Meeting\06 08 08 eRA Board Meeting\Direct Incentive for Public Amenities.doc ~~~~Y~T8 . . East Side....West Side....Seaside Renaissanc'e Direct Incentive Program For Public Amenities Revised 08/03/06 Boynton Beach eRA 915 S, Federal Highway Boynton Beach, Fl 33435 www.boyntonbeachcra.org TABLE OF CONTENTS I. INTRODUCTION Page 1 II. PROJECT QUALIFYING GUIDELINES Page 2 III. PROGRAM ELEMENTS Page 4 IV. INCENTIVE PROGRAM APPLICATION REQUIREMENTS Page 5 V. INCENTIVE PROGRAM APPLICATION PROCESSING Page 8 VI. PROGRAM ADMINISTRATION Page 9 VII. INCENTIVE CALCULATION WORKSHEET EXAMPLE Page 10 VIII. MAP AND BOUNDARIES Page 12 IX. CONTACT INFORMATION Page 13 INTRODUCTION The Boynton Beach CRA seeks to encourage projects of excellence which define new markets, quality, innovation and character in the CRA area (See Attachment A), 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. The Program emphasizes the importance of benchmarking significant events during the planning stages of each Project and keeping the CRA fully informed of a Project's progress. This Incentive Program also seeks to better the public elements in private development projects. Therefore, projects are required to have "public amenity" elements, including but not limited to architectural excellence, public art, public parking and community compatibility. 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, APPLICATION TO THIS PROGRAM IS NO GUARANTEE OF FUNDING. FUNDING IS AT THE SOLE DISCRETION OF THE CRA BOARD. PRIOR TAXABLE INCREMENT FUNDING AGREEMENTS HAVE NO BEARING ON CURRENT APPLICATIONS OR PROJECTS. ALL APPLICATIONS ARE CONSIDERED INDEPENDENTLY. The purpose of incentive program is principally to provide GAP funding for projects located within the CRA area, PROJECT QUALIFYING GUIDELINES · The Project must be located in the City of Boynton Beach CRA Area as defined at the time of application. The Applicant must be the person, corporation or entity receiving the incentive funding, unless special circumstances are agreed to by the CRA Board, The individual(s) presenting and executing the Application shall be the same individual(s) who will execute the Agreement and must demonstrate and provide documentation of their authority to act on behalf of the Applicant. · All property taxes, fees and city/county liens owed by the Applicant on a property located within the CRA boundaries must be paid and current. Documentation of this must be submitted with the Application. · The Project is required to be over $1,000,000 in projected new assessed taxable value upon completion, However, projects in the Heart 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 qualification, 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, multiplied by 95%, and subtracting the current assessed value of the Project site, · The Project type shall be a preferred use 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) (Heart of Boynton area only), 2 · To qualify for this incentive program, projects are required to have "public amenity" elements (required sidewalks, alleys, utility rights-of-ways, items solely required for safety/emergency access and roads do not qualify), · The Project's taxable value after completion, as projected, 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 duration of the incentive shall generally not exceed ten (10) years However, the CRA Board, in its discretion, may exceed the ten (10) year limitation by up to five (5) years, if, in the view ofthe Board, a project exceeds expectations, · The incentive will generally not exceed 50% of the CRA Tax Increment Financing (TIF) revenue directly generated by the Project during the incentive period, However, the CRA Board, in its discretion, may exceed the 50% limitation up to an additional 25% of the generated TIF, if, in the view of the Board, a project exceeds expectations, · No incentive amount in anyone year shall exceed 75% of the prior year's TIF annual revenue directly generated from the Project for that year, · Projects may be phased; however, each phase must meet program thresholds and incentives will not be distributed until each phase is complete and placed on the tax roll. PROGRAM ELEMENTS · Project Location - Must be within the CRA area. · Public Amenities Elements - including but not limited to: public parking; screening and surfaces; public spaces; cultural uses; public art beyond that required by City Code; relocation, retention, creation of local businesses and consideration of local residents' relocation or inclusion in the project; business association creation for internal unity of operations to coordinate with area activities; transit support; any other creative and beneficial public amenities or elements that the CRA Board believes are worthy of incentive funding. · Economic Feasibility studies are required, except for the Heart of Boynton area. · Project Quality - consideration shall be given to innovation, quality, and overall contribution to the community. '" -' INCENTIVE PROGRAM APPLICATION REQUIREMENTS 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 Executive Director 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 twelve (12) 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. S, Brief resume on the Applicant and Principals (Exhibit "A"). 6, Corporate structure. 7, Certificate of good standing from the Florida Secretary of State, Division of Corporations. 8. A list of all properties owned by the applicant within the CRA boundaries with PCN designations, regardless of the project property. 9, Project development proforma identifying the financial gap 10, A list of all relevant projects the applicant has successfully completed All personal financial information should be enclosed within an envelope and marked "personal and confidential" and addressed to the CRA Chief Financial Officer under separate cover. All such information shall be safeguarded in a fire secure cabinet and all original records will be sent back to those applicants that are not chosen. · Project Information 1. List of properties and their PCN numbers with the site survey showing each. 4 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 feet 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. The applicant shall provide the CRA with a timetable of events for the project. The timetable shall outline the dates of completion of all phases of the project. If a Direct Incentive Funding Agreement is entered into, a monthly report shall be required to be submitted to the CRA Executive Director to correspond to the projected timetable, This requirement will be outlined in detail within the Direct Incentive Funding Agreement. 6. Projected project value upon completion (Either A or B is required, both of which will be independently verified by the CRA): 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, 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, B. MAl Appraisal Summary - The project's projected value upon completion may be established by a State Certified MAl 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. 5 7. Public Amenity Features - Highlight the design features, placement, cost, and related information regarding any elements to be considered. The following elements, which serve merely as a guide and are not intended to be limiting in any way, should be addressed if applicable. · Public parking, screening; · Public art (elements exceeding basic functionality, beyond the requirements as set forth in the City of Boynton Beach Code, and that contribute to the public art experience); · Relocation, and/or retention of local businesses and residents; · Non-profit partnerships; · The creation of a business association to conduct area marketing activities; · Transit support; · Any other creative and beneficial public amenities or elements that the CRA Board believes are worthy of incentive funding, Public amenity designation shall be clearly identified by the Applicant on the Project's Plan and shall be determined solely at the discretion of the CRA Board, The public area information must 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), and any related items. Public amenities must be set- aside by deed covenant, in Property Owners Association Declarations and/or other legal documents acceptable to the CRA, 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. 6 INCENTIVE PROGRAM APPLICATION PROCESSING Project Applications shall be screened and reviewed by staff or a CRA consultant for completeness and sufficiency. Based upon the applicant's financial information and other credit sources, an analysis shall be conducted by the CRA staff or their consultants. The review period shall not exceed 90 days from the date of submittal for a completed Application. On or before the 90-day period, staff shall either forward the ApplicatIon, their findings, comments and/or recommendations to the CRA Board for consideration at the next regularly scheduled meeting, or request in writing that the Application provide additional information. The Applicant shall be notified in writing as to the Board's decision within five (5) business days after the meeting in which the application was reviewed. If the Application is denied, the Applicant may resubmit a revised Application for reconsideration. If the Board makes a recommendation to modify the Application, the Applicant shall have an opportunity to re- present the modified Application to the CRA staff and the process shall resume. Lobbying of the CRA Board, directly or indirectly, prior to staffs submission of the recommendation to the Board, will result in disqualification of the Applicant from this Program, PROGRAM ADMINISTRATION If the eRA Board approves the Application, and once the required documents are completed and executed, the program will be generally administered as outlined herein. Specific performance requirements and guidelines will be contained in the Direct Incentive Funding Agreement. Establishing Projected Tax Increment Financing ("TIF") for Application Submittal: The formula to calculate the projected potential TIF generated by a project shall be as follows: 7 The projected value by either a MAl Appraisal or a certified third-party feasibility study, adjusted for homestead exemption, and multiplied by the current millage rate for the City of Boynton Beach and Palm Beach County as of the date the Board approves the Application, This calculation will be considered to be the projected tax revenue. The increase in the assessed valuation of the project will be derived by subtracting the projected tax revenue from the current tax revenue of all the properties in the approved site plan approved by the CRA Board. The new projected tax revenue generated by the project will be herein described as the TIF. The new projected revenue is multiplied by 95% to generate the actual projected revenues to be received by the CRA. The Direct Incentive Funding Agreement will include a disclaimer that the TIF calculations are used only for projection and are not exact incentive amounts. Please see example of an incentive calculation below, 8 INCENTIVE CALCULATION WORKSHEET EXAMPLE Value of the Project prior to Redevelopment $ 2,000,000.00 (Aggregate Value of all properties within Project Boundary) lValue of the Project after Redevelopment $ 12,000,000.00 (Aggregate Value of all properties within Project Boundary) Project Increment $ 10,000,000.00 TIF Revenue = (95% of Project Increment X (City Millage + County Millage) City Millage Rate* 0,00750 City TIF Contribution = 95% ofproject Increment X City Millage $ 71,250,00 County Millage Rate* 0.00445 County Contribution = 95% of Project Increment X County Millage $ 42,275,00 *Millage Rates are set annually by the City and County as Dart of their resDective budget processes. trIF Revenue created by Project $ 113,525,00 Incentive Award = Award Factor X TIF Revenue created by Project Award Factor 500/1 Total Incentive Award $ 56762.50 Total Remaining with CRA $ 56,762.50 NOTES: The developer incentive award calculations are based on City and County millage rates that are adjusted annually and fmalized by December 31 st of each year. Incentive awards will be paid on April 1 st of each year following and based upon the final City and County adjustments. Establishinl! the Actual Proiect's New TIF Revenue Elil!ible 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 approved by the Board from the actual new annual revenues received by the eRA in any given incentive year, This new revenue increase (increment) is then multiplied by the Program's 9 Incentive Percentage, The Incentive is calculated each year based on actual tax revenues received, which are dependent on the millage rates of the City and County. Incentive Disbursement Schedule: The incentive shall be disbursed in ten (10) annual installments after required actions have been completed by the Applicant, as set forth in the Direct Incentive Funding Agreement. The earned incentives will be dispersed on April 15t, of the year following the corresponding tax year. Public Amenities Incentive: The following are definitions for the Public Amenities Incentive Elements: · Project Set Aside Percentage shall be defined as the building square footage set aside for the public amenity, divided by the total building square footage, in the Project. · Public Amenities are defined as areas that have unrestricted public access for the life of the project. The following are not considered public amenities: sidewalks (10' wide or less), roads, utility right-of-ways, alleyways and items solely required for safety/emergency access or by the City of Boynton Beach Code, NOTE: Applicants that have a project that qualifies for both WORKFORCE and AMENITIES incentives may not receive more that 100% of the T.I.F. generated by the project. 10 ATTACHMENT "A" eRA AREA MAP 11 CRA CONTACT INFORMATION eRA Director: Lisa Bright Address: 915 S. Federal Highway Boynton Beach, FL 33435 Office: 561-737-3256 Fax: 561-737-3258 E-Mail: brightl@ci.boynton-beach.fl.us I:IClient DocumentslBoynton Beach CRA\2419-000IMiscIIncentive Program - Public Amenities 7-21-06.doc x. NEW BUSINESS: A. CONSIDERATION OF FY 06/07 HOB WORK PROGRAM 11~<tY~T2~le RA Ii East Side -West S',de-Seas,de Renaissance BOYNTON BEACH CRA AGENDA ITEM STAFF REPORT eRA BOARD MEETING OF: AGENDA ITEM #: I Consent Agenda Old Business I X I New Business Public Hearing Other SUMMARY: Per discussion by the Board at the July 2006 meeting, staff has created a work program (see attached) and budget for the Heart of Boynton. The work program takes into account comments by various Board members regarding the types of projects they would like to undertake in the community. FISCAL IMPACT: Total cost is $8,450,000 of which $50,000 will come from the general revenue fund with the remainder of funds coming from Bond II. RECOMMENDA TIONS: Approve the Heart of Boynton eRA Work Program and budget. i:!atL= CRA Planning Director .~ Kenneth Spillias, Esq. CRA LEGAL COUNSEL T:\AGENDAS. CONSENT AGENDAS, MINUTES & MONTHLY REPORTSICompleted Agenda Item Request Forms by Meetingl06 08 08 CRA Board MeetinglHOB Work Program.doc Draft Heart of Boynton eRA Work Program Fiscal Year 2006/2007 CRA staff has prepared a Draft Work Program for the Heart of Boynton Project Area. Staff recommendations were developed under the guidelines of the 2006 Treasure Coast Regional Planning Council (TCRPC) Feasibility Analysis, the 2001 Adopted Heart of Boynton Community Redevelopment Plan and CRA Board direction, The goal of the HOB Work Program is to effectively enhance private redevelopment efforts, foster . development without displacement of current residents, encourage opportunities for workforce housing and drive economic development by creating a safe and attractive community, Recommendations: I,) Provide gap funding to the developer of Ocean Breeze to ensure 100% affordability, $1,200,000 2.) Acquire property, on behalf of the Boynton Beach Faith-Based CDC, to develop a 100% affordable 25-upit town home project with an approximate sales price of $250,000, $ 500,000 3.) Acquire property on the west side of Seacrest adjacent to Phase I of Ocean Breeze, Sell the parcels to the developer at a discount rate to create a contiguous block of development. $ 500,000 4,) Homebuyers Assistance Program - gap financing program for first time homebuyers. $3,000,000 5,) Residential Improvement Program -limited to Heart of Boynton Neighborhoods; Maximum funding up to $20,000 with no match required, $ 440,000 6,) Contract with CDC to administer Residential Improvement Program, $ 25,000 7.) Cherry Hill property acquisition of seven parcels. $1,700,000 8.) Community Improvement Grant - Contract with the local CDC to support a youth assistance work program where youth would work to improve and maintain the HOB community and provide a financial stipend to youth participants, $ 25,000 9.) Single-Family Housing Infill Program-Purchase vacant land to build single-family dwellings on the west side of Seacrest Boulevard for low-to-moderate income families. $2,000,000 TOTAL $8.450.000 x. NEW BUSINESS: B. REVIEW OF EXECUTIVE DIRECTOR FOR WAGE & BENEFIT ADJUSTMENT ~~~ctY~T2~ eRA Ii East Side-West S'lde-Seaslde RenaISsance BOYNTON BEACH CRA AGENDA ITEM STAFF REPORT eRA BOARD MEETING OF: AGENDA ITEM: I Consent Agenda Old Business I X I New Business Public Hearing Other SUBJECT: Consideration of Executive Director 6-month Wage & Benefit Adjustment SUMMARY: At the January 10, 2006 CRA Board Meeting, Lisa Bright was appointed as the CRA Director for the agency, CRA legal counsel prepared an employment contract for the appointment and it was fully executed by the CRA Board with an effective date of February 14,2006, Ms, Bright was appointed with former executive director's salary and after six months would be entitled to a full review which occurs on August 14, 2006 and an additional review period in October of 2006. Dr. Linsey Willis was contracted by the CRA Board to develop job descriptions and task analysis for each employee including the Executive Director. The board approved all CRA job descriptions at the May 9, 2006 CRA Board Meeting, Dr. Willis has prepared a Draft Competency Based Performance Appraisal for board consideration and is willing to administer the appraisal process on behalf of the board; if so directed. For historical purposes: Lisa Bright - Hire date: Interim Director Appt.: CRA Director Appt.: - June 20, 2005 - October 11, 2005 - January 10, 2006 FISCAL IMPACT: To be determined, RECOMMENDA TIONS: Provide staff direction, /--- J- Kenneth Spillias, Esq. CRA LEGAL COUNSEL T:\AGENDAS, CONSENT AGENDAS, MINUTES & MONTHLY REPORTSICompleted Agenda Item Request Forms by Meetingl06 08 08 CRA Board MeetinglED Review.doc Meeting Minutes eRA Board Meeting Boynton Beach, Florida January 10, 2006 The Board members spoke one by one in support of naming Lisa Bright to the position of Executive Director and seeking an Assistant Director, Mr, Myott confirmed with Ms, Bright her willingness to accept the position, Chair Heavilin declared she had heard a lot of very positive comments from other agencies, the development community, and the public concerning how Ms. Bright had handled the affairs of the CRA and she certainly concurred with the promotion. Ms, Bright had stepped up to the plate in some very challenging circumstances and done an admirable job. Motion Ms. Horenburger moved to appoint the current Interim eRA Director Lisa Bright to the position of CRA Executive Director under contract. Vice Chair Tillman seconded the motion that passed 6-0, Congratulations were proffered to Ms, Bright by one and all. The Job Description for CRA Executive Director had been revised as a result of the Human Resource Study conducted in the fall of 2005, The Board approved it on December 15, 2005, The salary for the position was discussed, Ms. Horenburger believed the Board had just granted Ms, Bright the former Executive Director's salary. Ms. Horenburger asked if the contract took the new year into consideration, and Ms, Bright responded it had not. Vice Chair Tillman suggested Ms, Bright's salary remain the same for a period of six months, after which a full salary review could be made, with adjustments as appropriate. Ms. Bright was more than comfortable with Vice Chair Tillman's recommendation, Ms, Bright stated her current position was under contract, so the contract would just be revised, There was one item she wanted to discuss with the Board Attorney, and then it would be brought to the Board, By consensus, the Board directed the CRA Executive Director to begin a search for a eRA Assistant Director immediately, The new CRA Executive Director, Lisa Bright, proffered thanks to the Board for their vote of confidence. She looked forward to working with the Board, the City, the City Commission and the community in the new position, It was noted that the Kidd Group, the marketing consultants for the CRA's trolley program, were in the audience, Ms. Bright commented she hoped to have the Kidd Group give a trolley ridership update as part of her Staff Comments, It was an oversight to not have it on the agenda, The Board concurred. 11 2.2.3.2 Nothing herein shall be construed to preclude or prevent LISA BRIGHT from selling, purchasing, holding or managing property in her own name and for her own private and personal investment purposes. 2,2.4 keep the CRA Board fully informed in advance of all travel and activities that take her out of the office for more than a day at a time. If it is not practical or feasible to notify the Board, LISA BRIGHT may notify the Chairperson, or Vice Chairperson in the Chairperson's absence, by way of a faxed written memorandum or electronic mail. ARTICLE 3 Annual Performance Goals and Evaluation 3.1 The CRA shall review and evaluate the performance of LISA BRIGHT at least once annually at the time stated in Article 4. The review and evaluation shall be in accordance with performance criteria developed by the CRA, and such criteria must be provided to LISA BRIGHT in advance of the commencement of the period of evaluation. The criteria may be added to or deleted from as the CRA may from time to time determine, except that LISA BRIGHT shall not be evaluated for her work if no performance criteria have been established. Further, the CRA shall provide LISA BRIGHT with a summary written statement of the evaluation and provide an adequate opportunity for LISA BRIGHT to discuss her evaluation with the CRA Board. 3.2 Periodically, the CRA and LISA BRIGHT shall define such goals and performance objectives that they determine necessary for the proper operation of the CRA in attainment of the objectives and shall further establish a relative priority among those various goals and objectives, which shall be reduced to writing. ARTICLE 4 Compensation and Benefits 4.1 Annual Review. Compensation reviews are not subject to any specific formula applicable to other CRA personnel. Wage and benefit adjustments shall be at the sole discretion of the CRA and are subject to the appropriation of funds by the CRA. It is agreed that LISA BRIGHT shall be eligible for a wage and benefit adjustment six months from the effective date of this Contract, and an annual compensation review of LISA BRIGHT shall be completed in October of each year that her c'ontract is in effect for a wage and benefit adjustment to be determined by the CRA Board. 4.2 Base Salary. The CRA shall pay LISA BRIGHT an annual compensation of Ninety Five Thousand Nine-Hundred and Ninety-Three Dollars ($95,993.00), as may be adjusted pursuant to paragraph 4.1 above, for all services performed, payable in equal installments at the same time as the CRA employees are paid. Page 3 of 13 EXECUTIVE DIRECTOR COMMUNITY REDEVELOPMENT AGENCY (CRA) OF BOYNTON BEACH JOB DESCRIPTION TITLE: - EXECUTIVE DIRECTOR REpORTS TO: CRA BOARD OF DIRECTORS GENERAL STATEMENT OF DUTIES: An incumbent in this posItion performs highly responsible administrative and professional work directing and leading the activities of the CRA of Boynton Beach, its assigned staff, programs, and activities and other programs and initiatives designed to enhance business and economic development in the CRA area. Work includes preparation of work programs, budget and Capital Improvements Program, oversight of the sale of bond issues and project initiation, design, construction and monitoring, The incumbent may act as an advisor to the City's executive management team, and serves as a key staff member in the administration, development, and implementation of policies, systems, and procedures to facilitate implementation of the CRA's redevelopment plans and agreements, The incumbent manages a considerable variety and volume of work concerned with formulating and implementing projects, initiatives and work plans focused on community redevelopment. The incumbent's work is reviewed through meetings, reports, observation, and task/report/project completion. The incumbent reports to the Board of Directors of the CRA and is reviewed through conferences, reports, and discussions while projects are in progress and upon completion, The incumbent is responsible for the supervision of five (5) direct reports (i.e., Executive Assistant, Assistant Director, Finance & Operations, Planning Director, Director, Economic Development and Communications and Marketing Manager), Written: OS/25/06 ESSENTIAL DUTIES AND RESPONSIBILITIES REDEVELOPMENT. CONTRACT. REAL EST ATE. BOARD AND POLICY Oversees preparation of the annual operating budget and capital plan by meeting with the Assistant Director Finance and Operations in order to present to the CRA Board for approval, and approves and reviews budgetary and financial reports prepared by the Assistant Director, Identifies industry groups (i.e" realtors, constructions firms, architectural firms, engineering firms etc) who are in the process of starting a new development, buying old property to refurbish, and opening up a retail establishment in order to provide external marketing support for these groups during design, and implementation, Establishes and maintains regular and proactive relationships and communication with the community, neighborhood associations, city officials, city staff and the general public on behalf of Economic Development Activities. Initiates, plans and directs the implementation of the adopted redevelopment plans (i,e" 20-30 plan, BB corridor plan, N. Federal Plan, Urban Design Guidelines) and answers general development questions as necessary, Administers and provides oversight for all contracts and agreements for services by negotiating contracts, creating the budgets for the contracts, and ensuring hey are in accordance with legal framework. Serves as an in-house consultant and represents the CRA in dealing with and interfacing, communicating and resolving issues and problems with other agencies on a variety of related matters, Negotiates the acquisition and disposition of real estate for the CRA and manages the real estate assets held, Provides oversight, and input to staff on the CRA Strategic Plan, and for individual strategic plans by conducting weekly meetings with staff to share and update plans, and to ensure that everyone is communicating regularly and are aligned with the mission of the organization, Represents the CRA at meetings (e,g., Kiwanis Club, Rotary, Chamber of Commerce and other organizations) regarding CRA matters within the scope of the CRA activities. Conducts, directs and oversees all Public Relations activities for the CRA, Handles all Board matters, policy matters and other related issues in order to accomplish Board Directives. Sets all Board monthly meeting agendas and has oversight for all Board packets and to ensure all correct material is in packets, etc. Meets and confers with Board Attorney to ensure that Board policies and directives are being implemented appropriately, Serves as public interface with the development community by attending meetings, visiting sites, discussing issues for resolution, discussing architectural styles, and negotiating, and providing guidance, etc. Directs and implements projects in the various phases of completion and evaluation in order to bring back the information to the Board for their review and policy decision making. 2 Provides oversight and assistance with all administrative and operational duties and issues for the CRA. Prepares written evaluations on the status of a program or project for the Board of Directors. Prepares and responds to email messages from the Board, staff, developers, City officials and other personnel. Attends monthly Board meeting, attends City commISSIOn meetings and two night meetings a month in order to keep abreast of activities and programs, and to provide information and/or answer questions as necessary, SUPERVISORY AND PERFORMANCE MANAGEMENT Plans, organizes, assigns, directs, and reviews the activities of professional, technical and clerical personnel engaged in the compilation, analysis and interpretation of data, preparation of reports with recommendations affecting community planning and redevelopment. Oversees and is responsible for the final selection, training and evaluation process for all CRA staff. Conducts weekly staff meetings in order for staff to share information and keep abreast of overall CRA operations and other operations in the City and local community. Observes subordinates' job performance to ensure subordinate accomplishes goals and objectives. Meets with subordinate(s) to discuss and review job performance as necessary. Analyzes and evaluates working conditions for improved employee output and requests and evaluates both written and oral input from employees to improve departmental servIces, Conducts supervisory conferences or discussions with subordinates in reference to their performance, Visits subordinates on-site to observe their work and to provide assistance and input as necessary. Informs subordinates of how their efforts, in any given project, affected the outcome of the total project. Writes performance appraisal reports, 3 Motivates subordinates through positive and corrective feedback KNO\VLEDGE. SKILLS AND ABILITIES LIST KNOWLEDGE Knowledge of economic development issues, public relations, and issues affecting urban revitalization, Knowledge of financial packaging for development projects, Knowledge of principles and practices of City Planning, Zoning, historic preservation and housing. Knowledge of the financial and legal aspects relating to bond issue and sales and land acquisition. Knowledge of marketing teclmiques relating to promoting programs. Knowledge of principles and practices of administration and organizational theory. Knowledge of research techniques, methods, and procedures. Thorough knowledge of the principles, practices and laws surrounding redevelopment in the City of Boynton Beach and the State of Florida, Knowledge of economic development trends and techniques and the functions, operations and relationships among local, state, and federal agencies related to redevelopment and housing policies. Knowledge of negotiation tools and techniques and team building practices. Considerable knowledge of problem solving and conflict resolution practices and techniques. Considerable knowledge of project and workload planning and organizational and management practices as applied to the analysis and evaluation of programs, policies, and operational needs and change management. Basic knowledge of principles and practices of budget preparation in the public sector. Basic knowledge of the practices and methodologies of contract administration and the development and implementation of procedures. 4 SKILLS Skill in comprehending information and ideas clearly. Skill and ability to perform relevant arithmetic computations, Skill at operating a personal computer and related software including but not limited to word processing, spreadsheets and electronic mail. ABILITIES Ability to lead a team of paraprofessional and professional staff. Ability to identify and respond to community, Redevelopment Agency Board, and City Council issues, concerns, and needs. Ability to make presentations to the CRA Board on a regular basis. Ability to facilitate public meetings, workshops, and negotiations. Ability to engage in on-going process improvement review and implementation, both individually and as a team member and leader. Ability to seek out opportunities for redevelopment and negotiate effective and constructive deals on behalf of the CRA, Ability to provide vision and set operational goals to achieve the CRA vision, and identify and analyze administrative problems, and implement operational changes, Ability to understand and contribute to the work of the CRA by ensuring effective service delivery. Ability to deal constructively with conflict and develop effective resolutions. Ability to exercise analytical judgment in areas of responsibility by identifying issues or situations as they occur and specifying decision objectives, assists in identifying alternative solutions to issues or situations, and implements decisions in accordance with prescribed and effective policies and procedures and with a minimum of errors. Ability to exercise discretion and judgment in developing and implementing courses of action in carrying out responsibilities, Maintains firmness, objectivity, and fairness in implementing courses of action. Ability to identify, assimilate and comprehend the critical elements of a situation; interpret the implications of alternative courses of action and evaluate factors essential to a problem solution; to separate relevant from irrelevant information. Ability to develop and maintain excellent rapport, and cooperative and courteous relationships with boss, co-workers, officials, developers, city employees and the general 5 public. Listens to and considers their suggestions and complaints and responds appropriately, Ability to be adaptable to performing under stress when confronted with critical and/or high priority activities, events or unusual situations in which working with speed and sustained attention are make or break aspects of the job. Ability to plan and organize constantly changing daily work flow by establishing priorities for the completion of work in accordance with sound time-management methodology; effectively and efficiently utilizes resources to achieve such goals and objectives, Ability to speak to people to conveyor exchange information; receive or provide assignments or directions; speak with others with poise, voice control and confidence; record and deliver and communicate effectively and efficiently with persons of varying educational and cultural backgrounds, Ability to communicate orally in the English language with customers, clients, and the public in a one-to-one or group setting. Ability to produce written documents in the English language with clearly-organized thoughts with proper sentence construction, punctuation, and grammar. Ability to explain things clearly. Ability to remain fair and objective. Ability to remain calm in stressful situations, Ability to think under pressure. Ability to apply supervisory, management and leadership principles, practices concepts and techniques. Ability to apply principles of time management. Ability to favorably influence the activities of others (e.g., outside vendors). Ability to identify and correct personal deficiencies. Ability to display sensitivity to the feelings of others. Ability to use diplomacy and tactfulness. Ability to negotiate. Ability to persuade others. Ability to display patience, Ability to demonstrate initiative. Ability to withstand criticism. Ability to follow directions. Ability to obtain needed resources, as appropriate. Ability to work independently, 6 MINIMUM ENTRANCE 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, Eight (8) years of progressively responsible work experience in community redevelopment, urban renewal, real estate, finance and public relations, the majority of which shall have been in a responsible managerial capacity with budgetary development and responsibility, A related Master's degree is preferred and may substitute for a portion of the required work experience; or an equivalent of training and experience, SPECIAL JOB REQUIREMENTS AND TYPICAL WORKING CONDITIONS: This position requires the incumbent to work a standard 40 hour week which requires some flexibility, Working under pressure is unavoidable when schedules change and problems arise, but deadlines and goals must still be met. Incumbent performs majority of the work typically indoors, Work is usually performed sitting, standing, and walking, ESSENTIAL PHYSICAL REQUIREMENTS AND ENVIRONMENTAL CONDITIONS: Sitting for long periods of time, standing, and walking. Lifting and bending. Use of telephone and the computer on a regular and continual basis. Acceptable eyesight (with or without correction), Acceptable hearing (with or without hearing aid). Works inside with noise and a lot of interruptions. Must possess a valid Florida Drivers license and an automobile. Reasonable accommodation will be made for otherwise qualified individuals with a disability. 7 City Of Boynton Beach Community Redevelopment Agency Competency-Based Performance Appraisal Position: Executive Director Community Redevelopment Agency EXECUTIVE DIRECTOR POSITION Instructions For Conducting A Competency-Based Performance Appraisal Purpose and Overview All human beings have unique points of view or, within the context of making judgment, biases. This is not "bad" or "good." We simply carry : them with us because of our upbringing, background, experiences, etc, and color the lens through which we interpret the world we see and experience. However, extreme biases can result in personal judgments, perceptions and pre-conceived notions that have no bearing on someone's job performance. These kind of judgments are blatantly unfair, de-motivate entire organizations, and create barriers to optimal success, I While no one can deny that total objectivity is not possible as it I concerns human behaviors, actions, and decisions, processes have been created to minimize or cancel out many common biases in certain employment decisions. ! The foundation for a fair and objective performance evaluation rests i on identifying competencies in terms of the behaviors that are required for a particular job and against related standards, or criteria. When judgments are constrained to observable and measurable behaviors and are made by several informed individuals, there is typically very little disagreement. Confidence can be shared by all that the process is as fair and objective as is humanly possible. [ ~u : Four Stages 1, 2. 3. 4. The process described below employs this method through the identification of competencies and the behaviors and standards that reflect these competencies. All raters are thus using the same criteria to carry out the important task of providing a fair performance a raisal. Preparation Performance Review Independent rating Consensus rating [ I I Preparation 1, Familiarize yourself with the appraisal form, the competencies and the tasks which fall under them within context of the Executive Director position. 2, Familiarize yourself with the weight given each competency, the rating scale, and description for each rating. 3. Gather your notes, documents, and any materials that will support I your evaluation (e,g., observations in meetings, one-one- I meetings, review of reports, other) I 4. Do your best to link the performance indicators from your materials to specific cO-"!}Qetencies as t~i!re defined in the ~ 2 ----'--1 appraisal form. ~----------'~-~--, __J~lear the desk or table of any clutter to avoid distraction. ,_____J [ Performance i 1. Review Review your materials again. Do your best to link the performance indicators from your materials to specific competencies as they are defined in the appraisal form. 2. One competency at a time, read its description and the behaviors that are representative of the specific competency. 3. One task at a time, under each competency, review your materials mark the column (1-5) that reflects your most objective judgment of employee's performance during the entire rating period, 4. After rating each performance standard under a particular competency, average the numbers for your rating for that particular competency. This shall be done by totaling the scores, dividing by the number performance standards. 5. Enter any positive comments or suggestions for improvement during the next year. 6. Enter your average in the first box provided at the bottom of the competency. There are 7 boxes; the remaining 6 are to enter the individual ratings of the other Board Member raters. 7. Continue the same for each competency. I ! I I l 1, After all Raters have independently conducted their performance ! review, each interviewer will forward via fax or U.S. mail his or her final rating to the CRA Human Resources Consultant for compilation. 2. The HR Consultant, as an impartial observer, is charged with documenting each rating for each competency, finalizing scoring and developing a complete consensus rating, 3. The HR Consultant will evaluate board recommendations for improvement, goals and measurements for the upcoming appraisal period (typically one year). I I 4. The results of the appraisal will be provided to the CRA Board and HR Consultant will be prepared to respond to any discussion L questions at the public meeting. I 5. Finally, the Board of Directors will be able to arrive at an increase I commensurate with the Executive Director's performance. -----~ -. ---.- - -- Reviewers' Consensus Rating 3 COMPETENCY-BASED PERFORMANCE APPRAISAL I DATE: 1 I August 14, 2006 I I I ----.j , -- NAME: Lisa Bright REVIEWERS: Board of Directors NUMBER OF DIRECT REPORTS: 5 POSITION: Executive Directo'_JORGANIZATION: Boynton Beach CRA REPORTS TO: CRA Board ANNIVERSARY DATE: June 20,2005 -----~--~- ~-~ -- Rating Scale and Definitions, Weight Scale for Competencies Rating Scale: Each competency will be rated Weight Scale: Each competency is weighted from a 1 to 5. The performance appraisal on a scale of 1-100. In other words, each evaluation is based upon qualitative and competency is weighted based upon its quantitative performance standards to carry overall importance to the job. The required out the duties of the employee's job. : competencies are listed in the table below I and the overall weight is a composite of all of 1. Unsatisfactory: Performance falls the tasks performed within the competency. substantially short of job requirements. Job Knowledge 15% Consequences may include, but are not limited to, termination, corrective feedback interview or redefinition of duties. i Administrative & Organizing 15% 2. Marginal: Performance does not meet an and Planning acceptable level in all areas. Improvement is needed. : Leadership 25% 3. Fully Satisfactory: Has performed at a i fully satisfactory level, meets the i Interpersonal 10% I requirements of the job in all respects and Adaptability 10% occasionally exceeds job performance standards. Oral Communication and 20% 4. Distinctive and Well Above Satisfactory Negotiation Performance: Performance is significantly better than average. Performance Written Communication 5% consistently exceeds standards. I TOTAL: 100% 5. Outstanding: Exceptional performance of high caliber with a remarkable and documented level of achievement and I I pacesetting performance. 4 JOB KNOWLEDGE COMPETENCY: Knowledge of economic development issues and trends, public relations and issues affecting urban revitalization, financial packaging for development projects, principles and practices of City Planning, Zoning, historic preservation and housing, financial and legal aspects relating to bond issue and sales and land acquisition, marketing techniques relating to promoting programs, principles and practices of administration and organizational theory, research techniques, methods, and procedures, principles, practices and laws surrounding redevelopment in the City of Boynton Beach and the State of Florida, economic development trends and techniques and the functions, operations and relationships among local, state, and federal agencies related to redevelopment and housing policies, principles and practices of budget preparation in the public sector, and the practices and methodologies of contract administration and the development and implementation of procedures. Knowledae Performance Weiaht Ratina 1 2 3 4 5 1. Identifies industry groups (i.e., realtors, construction firms, architectural firms, engineering firms etc) who are in the process of starting a new development, buying old property to refurbish, and opening up a retail establishment in order to provide external marketing support for these groups during design, and im plementation. 2. Initiates, plans and directs the implementation of the adopted redevelopment plans (i.e., 20-30 plan, BB corridor plan, N. Federal Plan, Urban Design Guidelines) and answers general development questions as necessary. 3. Provides oversight, and input to staff on the CRA Strategic Plan, and for individual strategic plans by conducting weekly meetings with staff to share and update plans, and to ensure that everyone is communicating regularly and are aligned with the mission of the organization. Comments (Note strengths and areas in need of improvement for the next year): I ! I I Board of Directors Scores: Final Consensus Score (Across seven (7) Raters: 5 ADMINISTRATIVE AND ORGANIZING AND PLANNING COMPETENCY: Ability to plan and organize constantly changing daily work flow by establishing priorities for the completion of work in accordance with sound time-management methodology; effectively and efficiently utilizes resources to achieve such goals and objectives. Ability to apply principles of time management. Administrative Performance Weight Rating 1 2 3 4 5 1. Oversees preparation of the annual operating budget and capital plan by meeting with the Assistant Director, Finance and Operations in order to present to the CRA Board for approval, and approves and reviews budgetary and financial reports prepared by the Assistant Director. I 2. Handles all Board matters, policy matters and other related I i issues in order to accomplish Board Directives. I 3. Sets all Board monthly meeting agendas and has oversight for all Board packets and ensures all correct material is in I packets etc. I 4. Directs and implements projects in the phase of completion and evaluation in order to bring back the information to the Board for their review and policy decision making. 5. Provides oversight and assistance with all administrative and I operational duties and issues for the CRA. Comments (Note strengths and areas in need of improvement for the next year): i I Board of Directors Scores: Final Consensus Score (Across seven (7) Raters: 6 LEADERSHIP COMPETENCY: Ability to lead a team of paraprofessional and professional staff towards goals and objectives. Ability to identify and respond to community, Redevelopment Agency Board, and City Council issues, concerns, and needs. Ability to engage in on-going process improvement review and implementation, both individually and as a team member and leader. Ability to apply supervisory, management and leadership principles, practices concepts and techniques. Ability to favorably influence the activities of others (e.g., outside vendors). Ability to identify and correct personal deficiencies. Ability to display sensitivity to the feelings of others. Ability to demonstrate initiative. Ability to remain fair and objective. Ability to favorably influence the activities of others, to withstand criticism and to demonstrate initiative. Leadership Performance I Weight Rating 1 2 3 4 5 1. Oversees and is responsible for the final selection, I I training and evaluation process for all CRA staff. 2. Conducts weekly staff meetings in order for staff to share information and keep abreast of overall CRA operations and other operations in the City and local community. 3. Observes subordinates' job performance to ensure the accomplishment of goals and objectives. 4. Meets with subordinate(s) to discuss and review job performance as necessary. j 5. Analyzes and evaluates working conditions for I improved employee output and requests and evaluates both written and oral input from employees to improve departmental services. 6. Conducts supervisory conferences or discussions with subordinates in reference to their performance; provides positive and corrective feedback. 7. Visits subordinates on-site to observe their work and to I provide assistance and input as necessary. I , 8. Informs subordinates of how their efforts, in any given I project, affected the outcome of the total project. 9. Writes performance appraisal reports. 10. Engages in an on-going reinforcement of working as [ a team including process improvement review and implementation, both individually and as a team member I and leader of staff. I 11. Provides vision and sets operational goals to achieve the CRA vision, and identifies and analyzes administrative problems, and implements operational changes. 7 Comments (Note strengths and areas in need of improvement for the next year): I I Board of Directors Scores: Final Consensus Score (Across seven (7) Raters: 8 INTERPERSONAL COMPETENCY: Ability to develop and maintain excellent rapport, and cooperative and courteous relationships with boss, co-workers, officials, developers, city employees and the general public. Listens to and considers their suggestions and complaints and responds appropriately. Interpersonal Performance Weiqht Ratinq 1 2 3 4 5 1. Uses diplomacy and tact during interactions with others, particularly during times of disagreement. 2. Develops and maintains excellent rapport, and cooperative and courteous relationships with boss, co-workers, officials, developers, city employees and the general public. Listens to and considers their suggestions and complaints and responds appropriately. 3. Displays sensitivity to the feelings of others. Comments (Note strengths and areas in need of improvement for the next year): L Board of Directors Scores: Final Consensus Score (Across seven (7) Raters: 9 ADAPTABILITY COMPETENCY: Ability to be adaptable to performing under stress when confronted with critical and/or high priority activities, events or unusual situations in which working with speed and sustained attention are make or break aspects of the job. Ability to remain fair and objective. Ability to remain calm in stressful situations. Ability to think under pressure. Ability to display patience. Adaptabilitv Performance I Wei~ht Ratin~ 1 2 3 4 5 I 1. Performs under stress or when confronted with critical and/or high priority activities, events, or unusual situations in which working with speed and sustained attention are make or break aspects of the job. 2. Communicates effectively and efficiently with persons of varying educational and cultural backgrounds. 3. Adjusts to constantly changing daily work flow by establishing priorities for the completion of work. Comments (Note strengths and areas in need of improvement for the next year): I I I Board of Directors Scores: Final Consensus Score (Across seven (7) Raters: 10 ORAL COMMUNICATION AND NEGOTIATION COMPETENCY: Ability to speak to people to conveyor exchange information; receive or provide assignments or directions; speak with others with poise, voice control and confidence; record and deliver and communicate effectively and efficiently with persons of varying educational and cultural backgrounds. Ability to communicate orally in the English language with customers, clients, and the public in a one-to-one or group setting. Ability to use diplomacy and tactfulness. Ability to make presentations to the CRA Board on a regular basis. Ability to facilitate public meetings, workshops, and negotiations. Ability to negotiate. Ability to persuade others. Ability to seek out opportunities for redevelopment and negotiate effective and constructive deals on behalf of the CRA. Ability to deal constructively with conflict and develop effective resolutions. Ability to explain things clearly. Oral Communication and Negotiation Performance Weight Rating 1 2 3 4 ~ 1. Negotiates the acquisition and disposition of real estate for the CRA and manages the real estate assets held. 2. Serves as an in-house consultant and represents the CRA in I I dealing with and interfacing, communicating and resolving issues and problems with other agencies on a variety of related matters. I i 3. Conducts, directs and oversees all Public Relations activities for I the eRA. 4. Meets and confers with Board Attorney in order to ensure that Board policies and directives are being implemented appropriately. 5. Serves as public interface with the development community by attending meetings, visiting sites, discussing issues for resolution, discussing architectural styles, and negotiating, and providing guidance etc. I I 6. Prepares and responds to email messages from the Board, I staff, developers, City officials and other personnel. 7. Attends monthly Board meeting, attends City commission I meetings and two night meetings a month in order to keep abreast of activities and programs, and to provide information and/or I I answer questions as necessary. i 8. Deals constructively with conflict and develops effective resolutions. I 9. Makes presentations to the CRA Board and facilitates public I meetings, workshops and negotiations on a regular basis. I Board of Directors Scores: Final Consensus Score (Across seven (7) Raters: 11 Comments (Note strengths and areas in need of improvement for the next year): 12 WRITTEN COMMUNICATION COMPETENCY: Ability to produce written documents in the English language with clearly-organized thoughts with proper sentence construction, punctuation, and grammar. Written Communication Performance Weight Rating 1 2 3 4 5 1. Prepares written evaluations on the status of a program or project for the Board of Directors. 2. Produces written documents in the English with clearly organized thoughts with proper sentence construction, I punctuation and grammar. L I Board of Directors Scores: Final Consensus Score (Across seven (7) Raters: Comments (Note strengths and areas in need of improvement for the next year): 13 Board of Director's Independently Competencies Derived Scores: Competency Scores: K AD& LD IP ADP OC WC OP NEG Name: Chairman Tillman Name: Vice-Chair Norem Name: Boa~ Member Chaney Name: Board Member Heavilin Name: Board Member Horenburger Name: Board Member Myatt Name: Board Member Sims Final Consensus Score Across seven (7) I I Raters I i Competency Legend: K = Job Knowledge AD&OP = Administration & Organizing and Planning LD = Leadership IP = Interpersonal ADP = Adaptability OCNEG = Oral Communication and Negotiation WC = Written Communication 14 PERFORMANCE SUMMARY (Using a 1 to 5 point scale) 1. Job Knowledge Summary Score: x .15 2. Administrative & Organizing and Planning Summary Score: x .15 I 3. Leadership Summary Score: x .25 4. Interpersonal Summary Score: x .10 5. Adaptability Summary Score: x .10 6. Oral Communication and Negotiation Summary Score: x .20 6. Written Communication Summary Score: x .5 A final score of 4-5 will result in 7% increase, a score of 3-4 an increase of 5% and 1-2 an increase of 3%. ACTION PLAN: Document goals (such as special projects, career development needs, leadership development) which need to be accomplished in the coming year. Goal Measure of Success When Completed 1. 2 3. 4. 5. 15 EMPLOYEE COMMENTS: 1. We have reviewed the job description for my job and the 9 Yes 9 competencies, and it reflects my job duties. No 2. This review is generally consistent with my view of my 9 Yes 9 No performance. 3, Comments: I 4, This appraisal has been discussed with me by the Board of I Directors. 9 Yes 9 No i Employee Signature: Date: Board of Directors and Attorney Signatures: Name: Name: Name: Name: Name: Name: Name: Board Attorney Signature: Current Pay Rate: Salary Increase Granted % New Pay Rate: Effective Date: 16