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Agenda 11-14-07 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. REVISED CRA Board Meeting Wednesday, November 14,2007 City Commission Chambers 6:30 P.M. I. Call to Order - Chairman Jerry Taylor II. Pledge to the Flag and Invocation III. Roll Call IV. Agenda Approval A. Additions, Deletions, Corrections to the Agenda B. Adoption of Agenda V. Consent Agenda: A. Approval of the Minutes - CRA Board Meeting - October 9, 2007 B. Approval of the Period-Ended October 31,2007 Financial Report C. Approval of Funding $50,000 from the Homebuyers Assistance Program to Sasha W gano D. Approval of Funding $50,000 from the Homebuyers Assistance Program to Hector & Jennifer Lopez E. Approval of Funding $50,000 from the Homebuyers Assistance Program to Wicler Pierre F. Approval of Funding $50,000 from the Homebuyers Assistance Program to Shonae Trotman G. Approval of Funding $50,000 from the Homebuyers Assistance Program to Kathleen Barbee H. Heart of Boynton Work Program Update I. Approval of Lobbying Contract with Smith & Ballard J. Review ofCRA Board Direction for Ocean Breeze RFP (Info. Only) K. Review of Florida Redevelopment Conference Case Study for the Boynton Beach CRA Innovatively Addressing Affordable Housing Needs (Info. Only) L. Approval of Burkhardt Construction, Inc. Work Order No.2 in the Amount of $11 ,670 to Remove Efflorescence and Seal Pavers at Boynton Beach Blvd. Extension and the Promenade M. Approval of Hedrick Brothers Construction, Inc. Work Order No. 001.0 in the Amount not to exceed of $140,000 to Complete the Housing Rehabilitation of Seven Homes Approved Under the Residential Improvement Grant Program. N. Approval of a Sidewalk Cafe Permit for Eye of the Storm Located at 531 E. Ocean Avenue o. Boynton Beach CRA and Trolley Website Updates (Info. Only) P. "Holiday Extravaganza" Parade, Tree Lighting and Concert - December 1, 2007 (Info. Only) Public Comments: (Note: comments are limited to 3 minutes in duration) VI. Public Hearing: Old Business: New Business: A. Tuscan Villas Site Plan Time Extension 1. PROJECT: Tuscan Villas (SPTE 07-011) AGENT: Wendy Tuma, RLA, ASLA, Urban Design Studio OWNER: Tuscan Villas at Boynton Beach, LLC LOCATION: East side of Federal Highway, approximately 1,100 feet north of Gulfstream Boulevard DESCRIPTION: Request for a one (1) year site plan time extension of the site plan (NWSP 06-002) approved on April 18, 2006, from October 18, 2007 to October 18, 2008, for 22 townhouse-style condominium units on 1.341 acre zoned IPUD. B. Arches Site Plan Time Extension 1. PROJECT: Arches (SPTE 07-012) AGENT: William Bloom, Holland & Knight OWNER: Boynton Ventures I, LLC LOCATION: Southwest comer of Ocean Avenue and Federal Highway DESCRIPTION: Request for a second one (1) year site plan time extension of a site plan (MSPM 05-008) and height exception (HTEX 05-006) approved on September 6, 2005, from September 6, 2007 to September 6, 2008, for a mixed-use project consisting of 40,596 square feet of retail space and 378 condominium units on 4.688 acres zoned Mixed Use High. C. Land Development Regulation Rewrite _ Group 4 Code Review 1. PROJECT: Land Development Regulations (LDR) Rewrite _ Group 4 (CDRV 07-004) AGENT: City-initiated DESCRIPTION: A portion of Group 4 deliverable, pursuant to the LDR Rewrite Work Schedule, which includes: Article I.Environmental Protection Standards and Article II. Landscape Design and Buffering Standards. These proposed sections will ultimately replace and enhance portions of the current LDR Part III, Chapter 2 (Zoning), Sections 5 through 7, 8.5, and 11; Chapter 4 (Site Plan Review), Section 8; Chapter 6 (Required Improvements), Article III; all of Chapter 7.5; Chapter 8 (Excavation and Fill Regulations), Articles I through VI; and Chapter 9 (Community Design Plan), Sections 10 and 11. VII. Pulled Consent Agenda Items VIII. Old Business: A. Review of 2006 Adopted Downtown Parking Plan B. Request by Innovative Printing, Inc. for Exception to Commercial Fa9ade Grant Program Rule C. Consideration of Work Order #2 in the Amount of $224,000 to Kimley- Horn to Design Master Streets cape Plans for Federal Highway Corridor D. Consideration of Releasing Delray-Boynton Academy from CRA Mortgage and Note E. Consideration of Acting Upon Recommendations from Independent Auditor Regarding Financial Procedures IX. New Business A. Consideration of Budget Rollover Recommendations: 1. MLK Building Purchase 2. Molly's Trolley's 3. 4th and 5th Avenue Land Acquisition 4. Youth Violence Prevention Program 5. Bond Debt Repayment 6. Wi-Fi Equipment 7. Dumpster Art 8. Green Market B. Consideration of Executive Director Evaluation X. Comments by Staff XI. Comments by Executive Director XII. Comments by CRA Board Attorney XIII. Comments by CRA Board XIV. Adjournment v. CONSENT AGENDA: A. Approval of the Minutes: CRA Board Meeting - October 9, 2007 MINUTES OF THE COMMMUNITY REDEVELOPMENT AGENCY REGULAR MEETING HELD ON TUESDAY, OCTOBER 9, 2007 AT 6:30 P.M. CITY COMMISSION CHAMBERS, BOYNTON BEACtt, FLORIDA Present: Jerry Taylor, Chair Jose Rodriguez! Vice Chair Mack McCray Carl McKoy Ron Weiland Lisa Bright, CRA Executive Director D.J. Doody, CRA Board Counsel I. Call to Order Chair Taylor called the meeting to order at 6:30 p.m. II. Pledge to the Flag and Invocation Mr. McKoy gave the Invocation and led the Pledge of Allegiance to the Flag. III. Roll Call The above members were noted as present. IV. Agenda Approval A. Additions! Deletions! Corrections to the Agenda None. B. Adoption of Agenda Motion Mr. McCray moved to approve the agenda. Mr. Weiland seconded the motion that unanimously passed. v. Consent Agenda: A. Approval of the Minutes - CRA Board Meeting - September 11, 2007 1 Meeting Minutes Community Redevelopment Agency Boynton Beach, FL October 9. 2007 B. Approval of the Period-Ended September 30, 2007 Financial Report C. Approval of a Commercial Fac;ade Grant to Kim Kelly - 531 E. Ocean Avenue not exceed $15,000 D. Approval of a Commercial Fac;ade Grant to Lisa Hargrove - 810 N. Federal Highway not to exceed $15,000 E. Approval of Funding $50,000 from the Homebuyers Assistance Program to Will Twigg F. Approval of Funding $50,000 from the Homebuyers Assistance Program to Dawn Osowsky G. Report on CRA Property Acquisitions for FY 2006 - 2007 (Info. Only) H. Boynton Beach CRA and Trolley Website Updates (Info. Only) Vice Chair Rodriguez pulled items B, C and D. Motion Mr. McCray moved to approve the Consent Agenda less the items pulled. Mr. McKoy seconded the motion that unanimously passed. A. Public Comments: (Note: comments are limited to 3 minutes in duration) Chair Taylor opened the public hearing. Buck Buchanan, 807 Ocean Inlet Drive, and Vice President of INCA (Inlet Cove Association)/ spoke on behalf of INCA and read a letter. A copy of the letter is attached to the original minutes in the City Clerk's office. The letter pertained to Federal Highway and how important it was to improve the highway. The letter requested the CRA staff, City staff and other agencies associated with beautification and minimizing infrastructure and utility impacts along the corridor, meet to develop a preliminary plan to attract business. Mr. Buchanan reported he supports the project and INCA liked the neighborhood improvements, but because the corridor would generate TIF, it should be the first priority. He recognized the infrastructure and cost factors involved and felt a City was defined by its downtown. The letter explained there were opportunities to help mitigate costs involved in trye undertaking. 2 Meeting Minutes Community Redevelopment Agency Boynton Beach, FL October 9. 2007 Mr. Buchanan discussed North Federal Highway, which he defined as ugly. He referenced Murano Bay was unattractive because of the area across the street. Seacrest Boulevard could use improvement and he thought a four lane roadway bisecting the residential neighborhoods would benefit from a more attractive approach. If the County were a participant, it would help. He requested staff be directed to investigate the issue. Vice Chair Rodriguez agreed with Mr. Buchanan. He inquired on the status of the study just approved recently for $25K. Ms Bright responded the study was just beginning. Ms. Brooks clarified the contract with Kimley Horn was not yet executed and another scope or services, or work order, could be added. Vice Chair Rodriguez thought Federal Highway and Seacrest could be addressed. The Federal Highway Plan update was adopted and dealt with the private sector development and not the roadway. Ms. Brooks reiterated they could approach Kimley- Horn for a quote for a portion, or all of the corridor in the CRA District. Ms. Bright's understanding of the issue was INCA wanted the utility lines underground. Those types of issues are addressed when development occurs. Additionally, she did not see how TIF was generated from a beautification. Mr. Buchanan explained the government improved Gateway which encouraged development. The same would occur along Federal Highway and generate TIF. Mr. Weiland would rather see Federal Highway improved as opposed to Seacrest. The endeavor was already costly. Mr. Buchanan suggested just doing the basics. Utilities would only need to be done once. He referenced the development north of Boynton Beach Boulevard. Vice Chair Rodriguez recommended obtaining a quote from Kimley-Horn for a streetscape design and bring it back. Ms. Brooks explained the scope of work was not for underground utilities on Seacrest; Seacrest was a County road not a City road. There were limitations, design-wise what could be done. They were currently at the design stage. They would need to obtain cost and the board would need to determine if they want it or what phases to implement them. Underground utilities required tearing up of sidewalk and other demolitions. It would be a major undertaking. Chair Taylor explained Gateway was paid for by the County. In reference with the Federal Highway north end, the west side was landscaped by the City to a certain extent. The east side needed improvement and he thought the private sector would 3 Meeting Minutes Community Redevelopment Agency Boynton Beach, FL October 9. 2007 assume that cost. There was a brief discussion what occurs first! the redevelopment or the private sector. Ms. Brooks pointed out the Federal Highway Redevelopment Plan calls for a mixed use development at the core and further north was special high density, town home type multi-family development. Right now, what was there was not economically, commercially or residentially viable. There was much interest in redevelopment for the area due to the proximity to the water. The area was still prime real estate and would develop. The builders could determine, however, how it would look when it was done. Chair Taylor was not opposed to having a study to determine what it would look like. He noted burying power lines costs millions of dollars. Ms. Brooks explained the price would dictate the segment that would be serviced. Ms. Brooks would provide further information for the November meeting. Gertrude Sullivan asked what was happening with the gas company on 6th Avenue and Federal Highway. She reported the property! which was the AmeriGas site, was an eyesore. She also requested when something was planned! the neighborhood have input and be part of the planning. Ms. Bright explained the board will only be selecting the firm to begin negotiations. The Ms. Sullivan requested the Heart of Boynton be included in the process beforehand and not after the fact. Victor Nolfus, advised he was a candidate for District II. Mr. McCray requested Mr. Norfus' candidacy announcement be stricken from the record. It was explained political announcements were not permitted at the meeting. Victor Norfus, 261 North Palm Drive, recalled on July 10th, he had inquired about the training the CRA Board had as far as redevelopment. He explained at that time Chair Taylor and Mr. McCray announced they had training. Mr. McCray explained that was an error and he requested if anyone had training as far as community redevelopment training, to disclose the experience. Chair Taylor explained throughout the year there are seminars board members can go to for additional training. The staff attends those and the board members are eligible to attend them as well. Mr. Norfus explained he wanted that clarified because he was corrected when he was not incorrect. Mr. Norfus spoke about City Hall being situated within the CRA area, and whose purview the properties were under. He explained a comment was made the land was prime real estate for a developer. He requested the board's feedback on whose jurisdiction City Hall was under and if there were any plans to sell to a developer. 4 Meeting Minutes Community Redevelopment Agency Boynton Beach, FL October 9. 2007 Chair Taylor explained City Hall falls within the CRA area and plans' were not discussed. He explained it was common knowledge, the City had outgrown City hall and there was open discussion but no formal discussion. Will Twigg, thanked the board for their approval of Item E, a program which enabled him to purchase a home. He expressed his gratitude and explained as a member of the National Guard and a deputy, it meant a lot to him to purchase a home in a nice community . Dawn Osowsky, also thanked the board for their approval of Item F! which allowed her to purchase a home. She was excited to be part of the community. Mayor Taylor closed the public hearing. Mr. Weiland announced he had a question on item G of the Consent Agenda. Motion Mr. Weiland moved to pull Item G from the Consent Agenda for information only. Mr. McCray seconded the motion that unanimously passed. The item was heard later in the meeting under pulled Consent Agenda Items. VI. Public Hearing: Old Business: None. New Business: A. National Transmission, Inc. Land Use Plan Amendment/Rezoning PROJECT: AGENT: OWNER: LOCATION: DESCRIPTION: National Transmissions, Inc. (LUAR 07-004) carl A. Cascio, P.A. Michael and Julia C. Dechantz 502 NE 3rd Street Request to amend the Comprehensive Plan Future Land Use Map from General Commercial (GC) to Industrial (I); and Request to rezone from C-4 General Commercial District to M-l Industrial District. 5 Meeting Minutes Community Redevelopment Agency Boynton Beach, FL October 9.2007 Chair Taylor read the request. Gabriel Weubben, Planner, presented the request and reviewed the item. The request was to rezone the property from General Commercial (GC) to Industrial (I) and rezone from C-4 General Commercial to M-1 Industrial. The request was consistent with the Comprehensive Plan. There is a shortage of industrial land in the City. The Heart of Boynton Plan, adopted December 4,2001 has a land use map which shows the subject property fulfills the plan. There were no negative impacts on existing infrastructure or on traffic. Staff recommended approval of the request subject to all conditions of approval. The request was compatible with the adjacent land use designations to the east and exiting uses in the area surrounding the property. Carl Cascio, counsel for the applicant, Mr. Dechantz, was available to answer questions. Ms. Sullivan wanted to ensure the project did not move any further into the neighborhood. The applicant was operating an Automotive Repair Center. Sergio Casaine, asked what does National Transmission did. Mr. Dechantz responded it was an automotive repair center. Mr. Casaine explained he was trying to make a distinction between industrial and light industrial. Motion Mr. McCray moved to approve. Mr. McKoy seconded the motion that unanimously passed. VII. Pulled Consent Agenda Items B. Approval of the Period-Ended September 30, 2007 Financial Report Susan Harris, Finance Director, reviewed the item showing the revenues for the year minus the expenses. She advised there would be rollover funds and explained there would be an adjustment made because they would record a liability for pOSSible TIF refunds that might be incurred because the tax rolls were still not certified. The roll over funds would be less than $8M, and they were not yet allocated. The plan was to put those rollover funds in contingency. The CRA staff was in the process of determining what to do with those monies. While they had some ideas, no formal plan was presented to the board yet. One idea under consideration was an expansion of the trolley. The money was there but not yet audited. Pre-audit adjustments would be occurring in October and an audit in November. The funds did, however, need to be allocated to projects needing to be completed within three years. 6 Meeting Minutes Community Redevelopment Agency Boynton Beach, FL October 9. 2007 Motion Vice Chair Rodriguez moved to approve. Mr. McCray seconded the motion that unanimously passed. C. Approval of a Commercial Fac;ade Grant to Kim Kelly - 531 E. Ocean Avenue not exceed $15,000. Vice Chair Rodriguez requested clarification whether these types of grants were given to tenants and not owners of buildings. Mike Simon, Development Manager, responded they could be awarded to a tenant, but only with the approval of the owner. In this instance there were two applicants because the owner needed to give approval for the tenant to apply. Attorney Doody explained the CRA could have consent and approval incorporated into the application. The approval could be handled in a way similar to an easement. The applicant would then be the actual recipient of the funds and the individual entity required to make the improvement. Mr. Weiland had a question about the sidewalk cafe and thought removable bollards should be installed. Additionally if they were allowed to use the patio and sidewalk, some type of agreement should be made that the tables would not block the sidewalk and allow for proper pedestrian access. Lastly, he thought the maintenance of the sidewalk should be incorporated. Ms. Brooks explained the sidewalk access was mandated by the Code under Sidewalk Cafe. The maintenance could be added, if no present provisions exist to wash the sidewalk every few months. There was a short discussion about bollards. Ms. Brooks noted there was off street parking there. Mr. Weiland was concerned about safety. Ms. Bright reported the City Manager was not fond of the bollards and suggested she look into the matter further and revisit the matter next month. Chair Taylor commented requiring bollards could be opening a Pandora's box. There were other locations that have sidewalk cafes, but he did understand the safety aspect. Mr. McCray asked who would be responsible if an accident occurred. Attorney Doody responded that was usually determined on a case by case basis, but generally! it was the vehicle operator. Mr. Simon explained it would be easy to add an addendum to the agreement. The larger issue, however, is would it be governed through the City Business Tax Receipt and be incorporated as a requirement. The reimbursement requires proof of payment. 7 Meeting Minutes Community Redevelopment Agency Boynton Beach, FL October 9.2007 Motion Mr. McCray moved to approve. Mr. Weiland seconded the motion that unanimously passed. D. Approval of a Commercial Fac;ade Grant to Lisa Hargrove - 810 N. Federal Highway not to exceed $15,000. Vice Chair Rodriguez asked if the item was another owner tenant application. This application was for the owner. Motion Vice Chair Rodriguez moved to approve. Mr. McCray seconded the motion that Unanimously passed. G. Report on CRA Property Acquisitions for FY 2006 - 2007 (Info. Only) Mr. Weiland had questions and requested more information be included when the items were presented. Ms. Harris explained the properties were identified by the former property owner. In the future, she would include a larger comment section and the acquisition plan. VIII. Old Business None. IX. New Business A. Ocean Breeze RFP Ms. Brooks outlined they received three responses to the Request for Proposals. Two respondents met the criteria threshold; they were the American Realty and Carlise Realty Groups. Ms. Brooks explained both groups would have 10 to 15 minutes to make their presentation and questions would be heard at the end. Additionally, the community participated in the process and the proposals were ranked. The scores were aggregated; 74 points went to American Realty and 63 points went to the Carlisle Group. 8 Meeting Minutes Community Redevelopment Agency Boynton Beach, FL October 9. 2007 (Mr. Weiland left dais at 7:22 p.m,) The prior board selected the participants to rank and shortlist the proposals. Vice Chair Rodriguez explained the board added a person without their consent. It was clarified with the original selection committee, one person dropped off and was replaced. Another person dropped off and never turned in the score sheet. The direction of the board regarding the individual who didn't drop off the score sheet was the CRA would make a recommendation for a replacement. The participants were: Mr. McCray, Buck Buchanan, INCA; Terrence Carera, HOB; Devlin Coughlin, Chamber of Commerce; and Peter Wallace, ITS. (Mr. Weiland returned and Vice Chair Rodriguez left at 7:25 p.m.) I. Presentations by Respondents Jim Dyal/ Vice President American Realty, 2602 Merida Lane, Tampa thanked all for the opportunity to respond to the RFP and to introduce the development team. The firm has two principals, and constructed 29 affordable developments with 5,700 units, plus projects they developed in Georgia and Texas/ as well as for student housing. (Vice Chair Rodriguez returned at 7:26 p.m.) The developments served families that meet the criteria for affordable housing and use Low Income Housing Tax Credit Loans, S.A.I.L. and S.H.I.P. The PL Development Group was Pascal Levy, which was a Palm Beach County firm, knowledgeable in SAIL housing. Mr. Dyal announced they reviewed the HOB plan and met with Northwood Renaissance and the Boynton Beach CDC who agreed to join the development team at a meeting that took place last Wednesday. They could provide the outreach. The idea was they wanted to bring in the development team to then hold the meetings with the community. Ms. Sullivan was not aware of the meeting. Mr. Weiland spoke about outreach and asked what if the CDC's could not provide enough outreach to address all their concerns and needs. Mr. Dyal explained their job was to ascertain what the community wanted and what they could do. Mr. Dyal explained they have to build units that were wanted and could sell. The plan must be a feasible plan. He wanted a harmonious project. They don't want to build a high density project next to single-family homes. They wanted them to be compatible with surrounding property and land uses. 9 Meeting Minutes Community Redevelopment Agency Boynton Beach, FL October 9.2007 Mr. Dyal explained the Northwood Renaissance and Boynton Beach CDC would also help with financing. The project needed to have the right financial layering and residents to be successful. LISC (Local Initiative Support Coalition) would also provide financing for the project. Community Development Corporations prequalify buyers. The plan was for part rental and part home ownership. It was recognized not everyone was able to be a homeowner. The rentals would be on one side of the property and home ownership on the other. The rental could be an incubator and stepping stone to home ownership. The goal was to serve as wide a spectrum of families as possible and to facilitate homeownership via the rental program. Mr. Dyal reviewed the plan. The town home portion had 56 units with green space and parking. Some of the services that would be offered were a tenant program, credit counseling, health care on site, tenant activities, computer labs, literacy and job training. The project would be financed via a first mortgage amount of $2/280,000, tax credits in the amount of $18,474,000 and deferred developers fee of $82,000. The construction costs were anticipated to be $1,972,000 for the land and with $13,020,000 for hard costs and $5,844,000 in soft costs. There would be 56 townhome units in total. There would be 28 each of two and three bedroom units. The sales price for a two bedroom would be $195K and the three bedroom would be $225K. The net profit from townhomes would be 1,346,820. Mr. Dyal spoke about Community Housing Workforce Innovation Pilot Program (CWHIP). The application cycle opens in January and funding awards were announced in March. If they applied to CWHIP and were funded they could get moving with home ownership quickly. They could also layer that funding with LISe and SHIP. If CWHIP was not available they would look to use HOME, SHOP and SHIP. If funded, construction could start in 2009 with residents inhabiting the dwellings at the end of 2009, at best case scenario for the rentals. The town homes, with CWHIP subsidies, could be constructed within the year 2009. Mr. McCray inquired how much funding could be sought. Mr. Dyal explained they could apply for everything, and do so all at once. Additionally, this was a family development that could also accommodate seniors. The units were not designed the same way as a senior developmentl but the units would be handicapped accessible. The club house would have a pool, clubhouse and tot lot, fitness center, computer lab, usually leasing office also. 10 Meeting Minutes Community Redevelopment Agency Boynton Beach, FL October 9. 2007 American Realty Development has been a corporate entity for '2.5 years and they succeeded Windover Housing Developerl who had been in business for over 20 years. Chair Taylor inquired if the CWHIP funds were not awarded, whether they had the financial capability to complete the project. Mr. Dyal responded there were other financing vehiclesl but they needed assistance to make it affordable to residents and had to have the tax credit financing. They had a backup plan and, if unsuccessful on the rental side, they were still fine on the home ownership side. Additionally, they could alter the plan if needed to accommodate more rental or home ownership. Also, in the RFP, their intention on the rental side was to develop and lease the development to full occupancy, and then turn ownership over to the CDC and convey it as an asset as sole general partner. They would the withdraw. Mr. Dyal explained doing so helped them with capacity building and would allow local community development corporations to develop their own properties for capacity on the non profit side. They would negotiate a Memorandum of Understanding and they would receive equity for participating. Some subsidies could be added. Their major role would be on the home ownership side and for every unit they sold, they would be compensated. He has not seen the MOU, but the basic concept was very fair. Lloyd Boggio, CEO of Carlisle Development Group, announced their proposal was different from the other proposals. He explained their proposal was an all rental development with 148 units consisting of 116 two bedroom two bath and 32 three bedroom two bath units. The financing was the same as that used by American Realty Group and they would use the Low Income Housing Tax Credit, (UHTC). They would not be doing any home ownership. He announced he was a general partner of over 12K units in Florida, with 3K presently under construction. They were proud of their ability to access that financing. They would have no interest in the development if they could not get tax credit funding. He explained affordable housing cannot be built with conventional housing and that UHTC is used throughout the country. They were the first tax credit development in the nation to provide housing for youth exiting the foster care system. Mr. Boggio related they were the first developer to create multi-development partnership with nationally recognized charitable organizations such as Camillus House and YMCA. They were the first for profit developer of supportive services housing. They were the first for-profit tax credit developer to successfully develop in the Florida Keys. They were the only for-profit developer to build for the homeless and the first for tax credits in the Florida Keys for the last fifteen years. They were working in 23 counties 11 Meeting Minutes Community Redevelopment Agency Boynton Beach, FL October 9. 2007 in much of the State and were constructing three story wood frame houses and high rises in Broward. The Ocean Breeze site plan did not have on street parking. The units would be two stories in the front and three stories in the back. They constructed 71 of these developments starting in 1994. There would be a clubhouse, exercise and computer rooms, a large playground and play and recreation areas. They would provide services and make the units become equity residential properties. The proposal was only rental units on both sides. Mr. Weiland inquired about the timeframe was for funding. The applications would be submitted in February and they would be notified in July if awarded and receive official notice in September. They would break ground in the first quarter of 2009 and begin leasing in late summer of 2009. Mr. McKoy noted the company scored low in adherence to the HOB plan. Mr. Boggio who unable to account for the score. The developer would manage the property with an on-site office. The firm has 154 employees in their management firm. He explained the units were conventionally financed. He personally signs the guarantee on the mortgage to the state, and personal guarantees to those investing in the tax credits, agreeing to stay affordable for the life of the agreement (50 years). They would manage up until the point a non profit partner would take it over. Right now the tax credits and obligations ran longer than 15 years. Mr. Weiland was concerned with the project being all rental. He explained the City had public housing operated by the government. Mr. Boggio explained this project was privately owned and operated via a program created in 1986 to enlist private developers to build affordable housing. The tax credits were then created and would go to the developer who would build it, and own and operate it. He explained if they charge the rents mandated and kept it affordable for the term, they would get the tax credit. (Mr. McCray left the dais at 8:230 p.rn.) There was discussion on the HOB Plan wanting rental on one side and home ownership on the other. Whether to disqualify the developer because they were not offering home ownership was also discussed. Mr. Boggio explained the difference between building different types of affordable housing. One ongoing project that closely resembled this area was the Tall Man Pines project in Delray Beach. There was a single- family aspect to the project with a non-profit partner handling that portion. The property was situated on an 11 acre parcel with 200 rental units and 42 single-family 12 Meeting Minutes Community Redevelopment Agency Boynton Beach, FL October 9.2007 units. That project was currently under construction and would begin leasing early next year. Of the 42 homes, four were affordable and 38 were market-rate units. There were no other questions. (Mr. McCray returned to the dais at 8:23 p.m.) II. Recommendation by Selection Committee III. Board Selection Mr. Weiland noted that when it was agreed to go out for proposals, it was thought there would be three responses. He thought they should move forward and make a decision. He indicated he would love to see 100% home ownership and recognized many apartments were going condo conversion. There was a lack of affordable rentals. The second presenter did not adhere to the HOB Plan. He explained home ownership must be in the proposal for people to invest in the community and have a vested interest. Mr. McCray commented the proposals did not call for all rental units and he was not in favor of having another Boynton Terrace. He thought the first proposer did due diligence. Attorney Doody, advised there was a legal distinction between single-family ownership and home ownership. He asked for clarification on what was being offered. American Realty explained the home ownership portion were townhomes and were attached. They were not single-family detached homes. Chair Taylor did not feel all rental units were appropriate and requested American Realty explain about the services they would provide. (Vice Chair Rodriguez left the dais at 8:29 p.m.) Mr. Dyal responded when a non-profit group is engaged, they provide job training, similar to the welfare to work programs and others that would be of benefit to the residents. When application for the tax credits is made, a list of services is prOVided to them to select from. American Realty explained they do not manage the property. The homeownership would be turned over to a community land trust and homeowners association to manage. (Mr. McKoy left the dais and Vice Chair Rodriguez returned to the dais at 8:31 p.m.) 13 Meeting Minutes Community Redevelopment Agency Boynton Beach, FL October 9. 2007 Representatives from the R.M. Lee CDC, the Neighborhood Renaissance and the Boynton Beach Faith Based CDC were present. Mr. Weiland had questions regarding the homeowner not owning the land and how a problem under the foundation would be handled The homeowner and whatever contractor guarantees they had on the home would ultimately be responsible. A community land trust would be a vehicle that enters into a 99 year ground lease. The non-profit owns the land and the homeowner would have the use of the land. (Mr. McKoy returned to the dais at 8:33 p.m.) The land trust owns the land and the homeowner owns the home and has the right to the land. There is a minimal nominal fee paid to the land trust. With affordable housing, there is a unique mechanism there. There is a fiduciary relationship with the homeowner. Non-profits have a zero foreclosure rate. The land trust helps them to provide continuous contact with the homeowner. There are benefits to having a community land trust which provides additional support and training to make successful homeowners. With a co-op you own a share, and everything owned in common. A land trust model is straight forward. National studies by the Lincoln Land Institute showed land trusts were very successful with resale of units because they maintain their resale values. The Burlington Land Trust has hundred of units, that over time resold and they graduate first time home buyers to market rate homes and it keeps the housing ladder moving. There would be two transactions which could occur simultaneously when purchasing a unit associated with a land trust. (Mr. Weiland left the dais at 8:37 p.m.) They have 14 brand new homes in West Palm Beach that were involved with a land trust. They have had no trouble with conventional lenders, and worked with Wachovia, Washington Mutual, Bank Atlantic, Harris Bank and others. Fannie Mae also accepts the program as a product and the units are not difficult for resale. Vice Chair Rodriguez asked what happened when it was near the end of the 99 year lease and whether the ground lease had to be renewed. The owner did not have to renew the lease. The mission of a non-profit was defined by the IRS and in the corporate papers. The 99-year lease was a legal issue. Neighborhood Renaissance indicated they would be happy to work with staff to make a formal presentation and be able to answer more thoroughly any questions they may have. 14 Meeting Minutes Community Redevelopment Agency Boynton Beach, FL October 9. 2007 There was discussion the land trust would have to be back to the board as a negotiating tool. (Mr. Weiland returned at 8:42 p.m.) Motion Mr. McCray moved to award the project to American Realty Development. Mr. Weiland seconded the motion that passed unanimously. B. Consideration of Amendments to Residential Improvement Grant Program Chair Taylor recalled the board had brought up amendments recommended to be expanded to the entire CRA District. Ms Brooks highlighted some of the amendments were to require all applicants to provide a Statement of Net Worth Form, Statement of Insurance and other miscellaneous changes as contained in the staff report. Mr. Weiland indicated there had been a previous grant award pertaining to a landlord that was removed; the discussion had been they would give the award if a statement of net worth to determine whether the applicant/landlord truly needed the assistance was submitted. Otherwise they would review the requests on a case by case. Motion Mr. McCray moved to approve. Mr. Weiland seconded the motion that unanimously passed. C. Consideration to Change Board Travel Policy Chair Taylor reviewed the item and discussion followed whether the board should approve travel for the individual members. Mr. McKoy felt it should be left up to each member to decide if it was a conference or event that would enhance their knowledge. Mr. Weiland expressed some members were term limited but thought taking a trip one month before the end of term was not beneficial. Chair Taylor clarified the arrangements had been made and at the last minute something came up. The member was asked to fill in since the conference fees had been paid. Mr. Weiland was not discussing individuals, only situations as to whether that should be permissible. 15 Meeting Minutes Community Redevelopment Agency Boynton Beach, FL October 9. 2007 . Mr. McKoy responded the Chair explained the money had already been spent and he volunteered his time. He was offended. Vice Chair Rodriguez asked what was the purpose of the item. Chair Taylor explained the issue was whether any travel should come before the board for approval in total. To keep things clean and above board, the board would consider whether to approve travel, to approve the expense or if each member should approve their own travel. Ms. Bright outlined the procedures in 2005. The board collectively made a decision on those types of issues. They know what industry conferences are beneficial ahead of time. The conference travel request form and the Chair and Vice Chair approve anyone's travel including their ownl but it usually is put on the agenda under consent agenda. If they don't want to use the budget as the guiding document, staff needs to know that to bring it back under consent. Motion Vice Chair Rodriguez moved to approve the revised travel policy so that it comes before the board. Weiland seconded the motion that unanimously passed. Motion Mr. McKoy moved to approve the Chairs travel. Mr. McCray seconded the motion that unanimously passed. X. Comments by Staff Ms. Bright referenced the downtown master plan, and advised they were currently following the 2006 parking plan which would provide for over 2K spaces. Mr. McCray explained he was approached and the item needed to be discussed. Attorney Doody advised he met with Auburn Group on a draft development agreement on the MLK corridor and they indicated a draft would be available in 10 days. In about two weeks they could negotiate in earnest with them. XI. Comments by Executive Director Mr. McCray announced he was term limited and thanked all for serving them and the board. 16 Meeting Minutes Community Redevelopment Agency Boynton Beach, FL October 9. 2007 Vice Chair Rodriguez acknowledged Messrs. McCray and McKoy and thanked them for taking responsibility and for their diligence. Chair Taylor encouraged the CRA to use Boynton Beach businesses whenever possible. Mr. McKoy indicated he enjoyed working with staff, Mr. McCray and the board. XII. Comments by CRA Board Attorney None. XIII. Comments by CRA Board None. XIV. Adjournment There being no further business before the board, there was consensus to adjourn at 8:58 p.m. II . (.''( ,1 ~ t " ~i _,OJ U 1 ." JI (, It I /1' .'\ I "- ~{Ltj"" '- i<.1. ...J)Q,L'Vv\l . 11\ Catherine Cher -Guberman Recording Secretary 101007 17 v. CONSENT AGENDA: B. Approval of the Period-Ended October 31, 2007 Financial Report ~qY~T2~ eRA East Side-West Side-Seaside Rena'lssance . AGENDA ITEM STAFF REPORT eRA BOARD MEETING OF: November 14,2007 I x I Consent Agenda I Old Business New Business Public Hearing Other SUBJECT: Monthly Financial Report SUMMARY: Monthly budget report to the eRA Board representing the revenues and expenses for the month ending October 31, 2007. FISCAL IMPACT: None RECOMMENDATIONS: Approve October financials. ~~ Susan Harris Finance Director T;\AGENDAS, CONSENT AGENDAS, MONTHLY REPOR TS\Completed Agenda Item Request Forms by Meeting\FY 2007 - 2008 Board Meetings\07 11 14 CRA Board Meeting - November\Monthly Financial Report.doc c Z ::) LL -oJ ~ W Z W C)..... <C . 0 ~(/)~ UW :I:~M UWll:: <Cc..W W)(m mWO Zodl- OWU 1-::)0 ZZ" ~W~ m>(/) ~<C LL o >- ll:: <C :E :E ::) (/) C) cf2.cf2.0cf2.cf2.00 cf2. tooz o <.0 00 0> u.W- o 0> 00 0> oC)~ ..- ..- ..- ~O<( o ::::>:E mw 0::: ocoooo U) C'? 00000 !:!2- L() 0 o<.oC'?OO , C\!. w ci"':-cici ..- O:::w 00> ..- 0 0 ~ C'? C'? 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C'?..- ..- w- w-w-w-w-w-w-w-w-w-w-w-w-w-w-w-w-w-w-w-w-w-w- (/) W ::) Z W > W 0:: ....J ~ o I- >- CJ o ....J o Z>- >- (/) I0 (/) 0::: ~ ~ ~g 0 ~ > 0:: I-~ ~ ~(/) ~ 0:: W ~ 2 ~Ol- 0:: :E W ~ (/)I z<C <CO::~::) ~ W (/) 0 Z~ 00:: (/)o::~W I- > ....J 0:: 01->- 1--0 1-01-CO O- W - <C ~ - 2 WW 0::: I- (/)2 ~ ~~O <C~ WOZCOOZ ::::>O<C WO -WZ 1-(/)0>O::W -W too 0:: 0:: 0-0(/) ~o::W o::WZW~~W~~ ~~~2~~~~~~~~I-Z~~fu~~~~g~~~ W --~::)~Z - ~ ZW~OZW....JI-<C ~~~OZ(/)O<c~O::~LLZ~<COO::WCJ>~COI- ~0~~~~~~~~8g8~~~~~~~~~2 v. CONSENT AGENDA: C. Approval of Funding $50,000 from the Homebuyers Assistance Program to Sasha Wgano I~ ~~~<tY~T8~C RA iIIi East Side-West Side-Seaside Renaissance , AGENDA ITEM STAFF REPORT eRA BOARD MEETING OF: November14,2007 I x I Consent Agenda I Old Business New Business Public Hearing Other SUBJECT: Approval of funding Sasha Wgano up to $50,000 from the Homebuyers Assistance Program. SUMMARY: Sasha Wgano is purchasing a unit at The Preserve. Her income has been certified as moderate per HUD guidelines. She will execute the CRA HAP documents which require the CRA to share the equity in the event the property is sold within 30 years of closing date. FISCAL IMPACT: Up to $50,000 from Bond II proceeds. Line Item 58300-473. RECOMMENDATIONS: Approve up to $50,000 from the Homebuyers Assistance Program budget to assist Sasha Wgano to purchase a unit in The Preserve, subject to execution of the CRA's mortgage, note and agreement at closing of the property. ~~cP~~ Michael Simon Development Manager T:\AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS\Completed Agenda Item Request Forms by Meeting\FY 2007 - 2008 Board Meetings\07 11 14 CRA Board Meeting - November\Sasha Wgano HAP.doc 11 BOYNTON BEACH FAITH BASED COMMUNITY DEVELOPMENT CORPORAnON POST OFFICE BOX 337. BOYNTON BEACH, FL 33425-0337 . PALM BEACH COUNTY PHONE (561) 752-0303 . FAX (561) 752-0302 · Date: October 15,2007 Client Name: Sasha Lagano Address of Property Being Purchased: 1990 NE 5th Street Boynton Beach, FL 33435 Verified Annual Income: $60,000.00.. Moderate Fami.ly Size: 2 Purchase Price: $ 279,990.00 Maximum Mortgage Amount: $184,950.00 Lender:SunTrust Bank - Peggy Miller Mortgage Term: 30 year Fixed Mortgage Interest Rate: 5.70 0/0 Other Subsidy Amount:' CRA $ 50,000 - Palm Beach County SHIP - Subsidy amount: $45,000 (To be Detennine) Front End Ratio: 34.25% Back End Ratio: 46.14% Title Agent: Trans State Title Dale Swank Phone# 561-995-1445 - FaX# 561-995-1446 -'" ) ~.~.. (Signature )(... Name: James L Horne Jr Title: First Time Homebuyer Coordinator . Page 2 October 15, 2007 Date: /0 - /-5" -200;:r v. CONSENT AGENDA: D. Approval of Funding $50,000 from the Homebuyers Assistance Program to Hector & Jennifer Lopez I, ic~~,. v::::::- ~", f' -',;' ~~~~Y~T2~ eRA iIIIi East Side-West S,de-Seaside Renaissance , AGENDA ITEM STAFF REPORT eRA BOARD MEETING OF: November 14, 2007 x I Consent Agenda I Old Business New Business Public Hearing Other SUBJECT: Approval of funding Hector and Jennifer Lopez up to $50,000 from the Homebuyers Assistance Program. SUMMARY: Hector and Jennifer Lopez are purchasing a unit at The Preserve. Their income has been certified as moderate per HUD guidelines. They will execute the CRA HAP documents which require the CRA to share the equity in the event the property is sold within 30 years of closing date. FISCAL IMPACT: Up to $50,000 from Bond II proceeds. Line Item 58300-473. RECOMMENDA TIONS: Approve up to $50,000 from the Homebuyers Assistance Program budget to assist Hector and Jennifer Lopez to purchase a unit in The Preserve, subject to execution of the CRA's mortgage, note and agreement at closing of the property. ~~k~ Michael Simon Development Manager T:\AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS\Completed Agenda Item Request Forms by Meeting\FY 2007 - 2008 Board Meetings\07 11 14 CRA Board Meeting - November\Hector Lopez HAP .doc ~ BOYNTON BEACH FAITH BASED COMMUNITY DEVELOPMENT CORPORATION POST OFFICE BOX 337 · BOYNTON BEACH, FL 33425-0337 . PALM BEACH COUNTY PHONE (561) 752-0303 . FAX (561) 752-0302 ICE("''''Ol''''''';1Pl.q~D :~;;-~~~ ," ~J.J ~; \i f'= i~' (-- ;', I. ( ,. . '" l.. - '.'.,< ,..- l'U~:-1 i,:. :;~.) y !,~,1~ (}:) : ~L ;1\ Date: August 29,2007 Client Name: Hector & Jennifer Lopez Address of Property Being Purchased: The Preserve at Boynton Bldg. 15 Unit 107 - Boynton Beach, FL 33435 Verified Income: $6,166.67 monthly - Annual $74,000.04 (moderate) .' Family Size: 4 Purchase Price: $239,990.00 Maximum Mortgage Amount: $168,000 - Lender: Wells Fargo Bank, N.A. Mortgage Term: 30 year Fixed Mortgage Intere~ Rate: 6.875 % Other Subsidies: City of Boynton SHIP - Submitted file to City of Boynton August 28, 2007. Loan to value: 70.03% Front End Ratio: 27.84% Back End Ratio: 32.73% Date ~~.:?J ;?cJO-;V v. CONSENT AGENDA: E. Approval of Funding up to $50,000 from the Homebuyers Assistance Program to Wicler Pierre ~<tY~T8~ C East Side-West S'lde-Seaside Rena'lssance , AGENDA ITEM STAFF REPORT eRA BOARD MEETING OF: November14,2007 x I Consent Agenda I Old Business New Business Public Hearing Other SUBJECT: Approval of funding Wicler Pierre up to $50,000 from the Homebuyers Assistance Program. SUMMARY: Wicler Pierre is purchasing a unit at The Preserve. Wicler Pierre's income has been certified as moderate per HUD guidelines. Wicler Pierre will execute the CRA HAP documents which require the CRA to share the equity in the event the property is sold within 30 years of closing date. FISCAL IMPACT: Up to $50,000 from Bond II proceeds. Line Item 58300-473. RECOMMENDATIONS: Approve up to $50,000 from the Homebuyers Assistance Program budget to assist Wicler Pierre to purchase a unit in The Preserve, subject to execution of the CRA' s mortgage, note and agreement at closing of the property. ~~~ Mic ael Simon Development Manager ,.. -- T:\AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS\Completed Agenda Item Request Forms by Meeting\FY 2007 - 2008 Board Meetings\07 11 14 CRA Board Meeting - November\Pierre Wicler HAP.doc Libert MORTGAGE BORROWER(S): Wickler Pierre FAMILY SUMMARY Yearly Income: Household Size: Category: Front Ratio: Back Ratio: Loan to Value $46.595 1 moderate 37.50% 38.79% 55.84% SOURCE OF FINANCES: Purchase Price: Loan Amount: PBC SHIP: CRA: Down Payment: OTHER: OTHER: Thank you, Adrienne Bess Liberty Mortgage Ph:(561) 237-4200 Ext. 250 $239.990 $134.000 $45.000 $50,000 $7.500 Term: 30 year fixed v. CONSENT AGENDA: F. Approval of Funding up to $50,000 from the Homebuyers Assistance Program to Shonae Trotman ,/ .\\ k, ri'C~~.,~, I/., "- I!." . /'~;:;,~. ' ~ ~qY~T8~'I' RA East Side-West S'lde-Seaside Rena'lssance , AGENDA ITEM STAFF REPORT eRA BOARD MEETING OF: Novemberl4,2007 I x I Consent Agenda I Old Business New Business Public Hearing Other SUBJECT: Approval of funding Shonae Trotman up to $50,000 from the Homebuyers Assistance Program. SUMMARY: Ms. Trotman is purchasing a unit at The Preserve. Her income has been certified as moderate per HUD guidelines. Ms. Trotman will execute the CRA HAP documents which require the CRA to share the equity in the event the property is sold within 30 years of closing date. FISCAL IMPACT: Up to $50,000 from Bond II proceeds. Line Item 58300-473. RECOMMENDA TIONS: Approve up to $50,000 from the Homebuyers Assistance Program budget to assist Ms. Trotman to purchase 1826 NE 5th Street, The Preserve, subject to execution of the CRA's mortgage, note and agreement at closing of the property. /f/~~~ ~ Michael Simon Development Manager T:\AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS\Completed Agenda Item Request Forms by Meeting\FY 2007 - 2008 Board Meetings\07 11 14 CRA Board Meeting - November\Trotman HAP.doc Libert MORTGAGE BORROWER(S): SHONAE TROTMAN FAMILY SUMMARY Yearly Income: Household Size: Category: Front Ratio: Back Ratio: Loan to Value $53.793 3 moderate 34.64% 44.48% 65.26% SOURCE OF FINANCES: Purchase Price: Loan Amount: PBC SHIP: CRA: Down Payment: OTHER: OTHER: $229.990 $150.100 $29.000 $50.000 $7.200 Tenn: 30 vearfixed Thank you, Adrienne Bess I ih".rt" Unrt...""...", v. CONSENT AGENDA: G. Approval of Funding up to $50,000 from the Homebuyers Assistance Program to Kathleen Barbee ..\V Jr'> Ir~,"., ',v::::., .' F ~" 1~~~Y~T8~1cRA III East Side-West Side-Seaside Renaissance ' AGENDA ITEM STAFF REPORT eRA BOARD MEETING OF: November 14, 2007 I x I Consent Agenda I Old Business New Business Public Hearing Other SUBJECT: Approval of funding Kathleen Barbee up to $50,000 from the Homebuyers Assistance Program. SUMMARY: Kathleen Barbee is purchasing a unit at The Preserve. Her income has been certified as moderate per HUD guidelines. She will execute the CRA HAP documents which require the CRA to share the equity in the event the property is sold within 30 years of closing date. FISCAL IMPACT: Up to $50,000 from Bond II proceeds. Line Item 58300-473. RECOMMENDATIONS: Approve up to $50,000 from the Homebuyers Assistance Program budget to assist Kathleen Barbee to purchase a unit in The Preserve, subject to execution of the CRA's mortgage, note and agreement at closing of the property. ~~~~\ Michael Simon Development Manager T:\AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS\Completed Agenda Item Request Forms by Meeting\FY 2007 - 2008 Board Meetings\07 11 14 CRA Board Meeting - November\Barbee HAP.doc BOYNTON BEACH FAITH BASEOCOMMUNITY DEVELOPMENT CORPORATION fI!!.. ~ :-', / ~,~~ - POST OFFICE BOX 337 · BOYNTON BEACH, FL 33425-0337 . PALM BEACH COUNTY " '- , PHONE (561) 752-0303 . FAX (561) 752-0302 ~~;:<, ;.i , . " ',: J : ~' I , ,:; ;_.i()'{kt'i(-"I""~ c2i.::f';{;ir .' f~' ,~\ .'.;' . ~.! :i."! ~}~.-~ "_~,: f ~ \"I'I:.t.~-,,; Date: October 23, 2007 Client Name: Kathleen Barbee Address of Property Being Purchased: 1948 NE 5th Street Unit 209 the Preserve of Boynton - Boynton Beach, FL 33435 Verified Income: Household Annual Income - $43,978.81 plus Social Security Benefits: $52,933.81 Family Size: 2 Purchase Price: $244,990.00 Maximum Mortgage Amount: $187,500.00 - Lender: HSBC Bank Mortgage Term: 30 year Fixed Mortgage Interest Rate: 6.0000 % Other Subsidies: To be determining - LIse Grant: $5,000 Loan to value: 76.54% Front End Ratio: 38.930/0 * Back End Ratio: 39.49% Date I ZJ ~ r/3 - )eJD 1:: v. CONSENT AGENDA: H. Heart of Boynton Work Program Update 30YNTON /<~ t) I '3t A C -H L[\J~ East Side-West S'lde-Seas'lde Renaissance AGENDA ITEM STAFF REPORT eRA BOARD MEETING OF: November14,2007 x I Consent Agenda I Old Business I X I New Business Public Hearing Other SUBJECT: Heart of Boynton Work Program Update SUMMARY: Attached is the quarterly Heart of Boynton Work Program update for the Boards review. The work program was adopted in August 2006 (see attached program outline). The program is funded from the proceeds of Bond II which was sold on the market as an "Affordable Access" bond. Highlights of accomplishments of the program include: · The acquisition of an 8.1 acre development site (the former Boynton Terrace site); · The selection of a qualified developer for the Ocean Breeze site to develop 56 fee simple townhomes and 84 rental units; · The acquisition of2.53 acres on the NE 4th/5th Avenue block for a future redevelopment project; · The acquisition of 6 vacant lots, five of which are being developed as new, affordable single- family homes · Assisted 14 families with down payment assistance through the HAP. · The creation of successful public/private partnerships with Habitat for Humanity and the Boynton Beach Faith Based Community Development Corp. · The successful engagement of the community's youth to clean up the neighborhood. FISCAL IMPACT: None RECOMMENDA TIONS: None, for informational purposes only. ViV~~ Assistant Director T:\AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS\Completed Agenda Item Request Forms by Meeting\FY 2007 _ 2008 Board Meetings\07 11 14 eRA Board Meeting - November\HOB Work Program Update.doc co c ~ 0- m ::J I o C ~, ::J co ::J ::!1 ~~ -. ~ W enOl en'" '001 00 00 o 0- r- CD 0 S' ;;- co ::J a.z ~ ~ o ... "ON CD - a.::J"" 0'0- ~ 0- en CD S' en co 0 roa. ,_ oro 3 I =m '<0- ::J"" ;::;: o m 3 r+ ~d - m o - 01 0- - en co o o 3 3 C ::J ;::;: '< 3 "0 o < CD 3 CD ::J - G) ~ m ::J - ~ ... N o o o ~ "'0 CD 0 ::JCO o OJ ::3 ::J en a. o 0 ::J""CD o en o ::J :-0 - ~ C ::J a. C ~ S' co en C 3 3 CD ~ ...... o ::J"" CD ~ -< I ~ :E ::J"" CD ::J o :2: a. CD ::J ->. --..J o o o o ::J"")>O g S. 0 ~,5" ~ ~ :::I. a. en-<o _ ~ ::J ~ CD ~ coo Sl 91, N !,;;; Cii z ma.~ m "0->' "ON ~ - o ::J"" ~ ~ _CD o ::J a.c CD .CD 3 "'0 o OJ (ii' 0 ::J""I "0 0 c c ~en o'S' co (J) CD CD m ::: m o ::J"" CD a. 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"0 ~ o "0 CD ::+ (D' en - o - m S' co N 01 W m o CD en w -. ~ ~ - ::J"" )> < CD ::J C CD )> en en CD 3 0- m co CD o o CD m ::J OJ CD CD N CD ~ ~ -....J 01 o .0 o o o 3)>m)> CD3co3 CD CD CD CD g :::I, CD ~' co~~m ~::J::J 0.- ;0 ~~m __0-< o ::J"" en o-mCD CD en ro CD 0 g-)>rocn oco a.,. cCD_1>> co CD 0,. ;!3::JC -CDCDcn o::Jco 0--0 o a. 0': ~OJ2t a.;::S!CD m CD c. -C.CD 00-< CD CD 9!.. o ~ 0 ~m3 O-::JCD CD ::J ~ - )> n ,. <. ~ :r: (1) I>> ;:l o -It OJ (..0 c,< -:s 0'< .. o I 0 cncn:s ~ -2. :E cCDo 1>>3., ,.cr=" CD~"'tJ NO O(Q 0., .....1>> 3 c: "t:S C. I>> .. (1) . ~ i:; , . v' ~~-, ~- (. BOYNTON BEACH FAITH BASED COMMUNITY DEVELOPMENT CORPORATION POST OFFICE BOX 337 · BOYNTON BEACH, FL 33425-0337 . PALM BEACH COUNTY PHONE (561) 752-0303 . FAX (561) 752-0302 To: Vivian Brooks, Asst. Director Boynton Beach Community Redevelopment Agency 915 South Federal Highway Boynton Beach, FL 33435 Gerone Powell, Executive Director ,'- ~ Boynton Beach Faith-Based CDC PO Box 337 Boynton Beach, FL 33425 (561) 752-0303 From: Date: September 28, 2007 HAP 2nd Quarter Report Subject: Attached, you will find the following; a. Quarterly HAP Report b. Client sign-in sheets c. Homebuyer Workshop Sign-in sheets d. Beneficiary Data Report ~~~Y~T2~ eRA iIi East Side-West Side-Seaside RenaISsance Heart of Boynton Work Program Fiscal Year 2006/2007 Adopted August 2006 Based on the recommendations of the Treasure Coast Regional Planning Councils HOB Feasibility Analysis, the adopted Heart of Boynton Community Redevelopment Plan, and Board direction, staff is bringing various initiatives forward to ensure that the Heart of Boynton will be redeveloped in the near future, reduce displacement of current residents by creating opportunities for workforce housing and encourage the growth of locally owned businesses. CRA Staff Project Recommendations The Feasibility Analysis recommends the following actions to redevelop the heart of Boynton: · Create successful catalyst projects to encourage further private sector investment. · Use incentives such as financial, density, etc. to spur investment. · Tie incentives to CRA goals of quality design and affordability. · To achieve realistic market pricing of $265,000 - $280,000, subsidies will be required. 1. Provide gap funding to the developer of Ocean Breeze to make 100% of the project affordable. $1,200,000 2. Acquire property on behalf of the Boynton Beach Faith-Based CDC to develop a town home project that is 100% affordable (approximately 25 units) with sales prices approx. $250,000. $ 500,000 3. Acquire property on the west side of Seacrest adjacent to Phase I of Ocean Breeze and sell to the developer at a discount to create a whole block of development. $ 500,000 4. Homebuyers Assistance Program - $3,000,000 5. Residential Improvement Program - Limit to Heart of Boynton Neighborhood, up to $20,000 no match required except for rental properties. $ 400,000 6. Contract with CDC to Administer Residential Improvement Program $ 25,000 7. Cherry Hill purchases - 7 properties $1,000,000 Page Two/Heart of Boynton Work Program 8. Community Improvement Grant - Youth program to assist with the maintenance of the community. Youth will receive a stipend. $ 25,000 9. Urban Housing Infill Program-Single-family infill west of Seacrest $1,800,000 TOTAL $8,450,000 -I o - e!. 5' < CD UI 3 CD ~ ~ $ w W w ~ Co CD co ~~ .... CON 00 '0'0 00 00 (]I o CO Z ~ ~ .... 25 --J (fl :r Q) a :> o Q) 3. 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III ::I C') C1l 2' ::I g. c.. ~ N (,. <:) ~ Q <:) <:) ::t' ~ lJJ o ::I c.. -to ::rCD eo < ::>OJ-~~~ Ul't:l CD 3 ~ a if S' sr.OJoo~ g CD Q ft' :;:, Qci3ffi~~ o Cil 0" j::j' ~gg~ ~ OJ eo"':x: :1. 0 -< ~ :i' lQ l:J C1l l>~ c.o ~'tl m ~ Ul ::I (ij Z ~ N[J)(j) :feom O~;e: ffiCD~ ~~(j) ~ (i) -t-t 0'< :;;~ (j)(j)=>O "'OlI~ o c: 3 ::s eo -, Ul :; :::: '- 'II: o r-vw~2 :s ~ -t rr '< OJ OJ 't:I ::>::> CD ~~o!a. 00::;:;5' ::> ::> :t- C'l ~~ CD o o. a ::>::> <' CD ~ -EA €I') Efl ~ <;> eN ~b coo 000 < III C CD o ~ 5' C'l '" CD ~ ~ a ~ ~ <~ oeot'D oco 00:0 ~ * cr ~ CIl ~ ~ .... :J (Q :; ~ :J 0' ~ (') ~ BOYNTON BEACH FAITH BASED COMMUNITY DEVELOPMENT CORPORATION CRA Quartly HAP Progress Report ~ ~ Submitted By: Ijames Horne Today's Date: /9.24.07 Reporting Period: /APRIL 1 - JUNE 30, 2007 Activities this Quarter: We continue to try to increase the participation of the CRA HOMEOWNERSHIP PROGRAM. Measurable Outcome: The COC counsel 28 clients this Quarter. We had other 108 Currently: clients complete the initial inquiry from. Bringing the total to 65. orogress: We have a large pipeline; several clients are 100% ready, but ..;2 Percent of Goal Met (of have yet to identify a house to buy or lot upon which to build. 200) Activities this Quarter: We had (1) closing this quarter. Measurable Outcome: Currentl : Progress: Percent of Goal Met: 100% 20 Homeowners (Target) 20 home urchased so far Two (6) closing projected next quarter. Measurable Outcomes: COC conducted on workshop this quarterand had 9 participants complete the course. 4 events (Target) two(2) workshops completed; Progress: f\f CJ . 1(17) ~':~-~i:';;''::-?',< DATE:Jjpr; I - 2m? ~. ~ ~o1C- ( f-fLi tFDi'iTJ. 5.~~.~ ~Cl~ t\\l\ ~r(,'\Un . ) .. r1 I DATE: - 9 '76 g - .?~v "J,) , . ....- \,.', CLIENT SIGN-IN SHEET DATE:-1'1 ~ i - 7 tfJ 7 Z 5. /YkJf)lJl/II ~s"J if) 0 LA-zf 1:- S r f- .2 7- s3-2q ,U . W . l \tr A-. U() G (9.J..J -:-..... - l. t.l 0 ~ -y~€-> /? , 27 ':~ Ii o~'., -sIc.;,"1- 6. 8. k; r~JrL. CChy,D ~;llIA 4", 9. ~..V<.S 0.c..,,' Ie, If 01 Cl,: e. 10. .-1/ If { 1?1;1 MLS lPA... 5-5 ~3 A/ i/V II 4 v ~ [~ lEU [2. I . ~'" .0'") it; C'" .""""/1 _ 5l..\-~'"2.-":t91 '? "'-..<.... '"".. CLIENTS DATE: 1 ~ J::;. ~ L:R 077- t?R I () / AJ[;.J rJ,q-v ~ ~" ;J lCa~ V1.<t~~ k~~ . 3/7.AlM 1)/1) All, . 1<5 roo w. \~ A~ t::"/1 / / ~ 1." . * . 7 / - -.5- 9-Lf1-Gt2 ~ ~ O!fl- 9 g.)t: /;-$1 . 561-577 .J7l{J--, /2,g~ ~{d-IL"7bb~ 151 -~og:Jf'I~ 00;- . <:Z. , . '~''".- .~ -, ,.';,.:' .~.J~ _ ,~: :~t' _ HOME~~'~Pijf:?AFON \XVO~nop ,.--. < .;;-'~-:"'~;':'k,,:, ~_': ;~:-:t!!",r,','.:.. -:: "_. SIGN-IN SHEET 'DATE: May 16, 2007 .~<:t(~\ftf,;t~f'i~~ti:4/ ". . '. ,- - ',' '.'."r____~.__.".'__. '0:0,---;- i, ~ ' --........ HOMEBU\'ER EDUCA'nONWORKsROP SIG~r'JN SHEF;T DA'n~: l\1ay ,.,. 2007 ~ y..9..) . . ..... "> "~-=.~.-..,=- ,",-. .., . u, .. '>.....~-;~"';;i,,i;.'i,,,,,.w,.j...._,,... ',.'_".' ~..,~, _ .",~.,.:..;.~~,,,,,,,,.....~ ,. ._,;. _,:~~.,,;....."""'.....,;~,;~"=..... .. ...,. " ...'... ~ ~"_~...."'",,"" I ~'.i ~ ! ,. i .j CLIENT.~. ....... DATE". ~ CLIENT SIGN-IN SHEET DATE: ::S-UY\.e. -"]!:x:) 7 EJt:NEFICIARY DA'<t'~EPORT For the Period/Month of r/L 2ao-;r. Subreclpelnt: Bovnton Beach Faith Based COC Services/Activities/ProJects: Homebuylng Counseling Address: PO Box 337. Boynton Beach, FL 33425 Contract Period: Januarv 2007 through December 2007 James L Horne Apr.Q7 (1) (2) (3) (4) (5) (6) (7) (8) - CLIENT NAME AND ADDRESS SERVICES ANNUAL RACE HOUSEHOL[ UNITS COST NO. ACTIVITY INCOME (A) (B) (C) (0) (E) Famll FHH Total Total White Black American Hispanic Allan or Size Number Cost Indian Pacific Islander 1 Tiffany Way Counseling $28,800 B 4 yes 1401 N.W 3rd Street Boynton Beach, FL 33435 2 yes 2 Laney Bradley Counseling $29,120 A 1275 Auburn Terrance .S De/ray Beach, FL 33444 3 yes 3 Brenda Kyles Counseling $15,444 B 224 SE 1 st Circle 19A Boynton Beach, FL 33435 4 Lori Friedman Counseling $24,252 A 1 yes 349 Boynton Bay Circle Boynton Beach,FL 33435 3 yes 5 Elizabeth Burrell Counseling $29,480 A 5617 Pinewood Ave West Palm Beach,FL 33407 3 yes 6 Roberta Mastraccio Counseling $30,000 A 5730 NW 74th Place Apt#205 Coconut Creek, FL 33073 J:\S TA\CommunltyRD\Forms\Beneflc/ary Data Report '-.;' Subreclpelnt: Boynton Beach Faith Based COC Servlcel/Actlvltle8/ProJect&: HomebuYing Counseling Addres8: PO Box 337. Boynton Beach, FL 33425 Contract Period: January 2007 through December 2007. James L Horne Apr-07 (1) (2) (3) (4) (5) (6) (7) (8) - CLIENT NAME AND ADDRESS SERVICES ANNUAL RACE HOUSEHOL[ UNITS COST NO. ACTIVITY INCOME (A) (B) (C) (D) (E) Famll FHH Total Total White Black American Hllpanlc Asian or Size Number Cost Indian Pacific Illander. 7 Gethro Phaitus Counseling $21,840 B 1 no 235 NW 28th Ave Boynton Beach, FL 33435 2 yes 8 Mary Prosper Counseling $45,000 A 224 Birch Street Boynton Beach, FL 33426 0 1 no ~ 9 Arturo Guzman Counseling $20,800 '. :1{ 291 NE 16th Ave Boynton Beach, FL 33435 . 3 yes 10 Cynthia Kimble Counseling $16;345 B 431 NW 13th Ave B()ynton Beach, FL 33435 11 Christina Nunez Counseling $48,000 0 1 yes 2773 10th Ave North Palm Spring,FL 33461 BENEFICIARY DATA REPORT For the Period/Month of Ifp rl,L 2,,>' J: JATA\CommunityRD\Forms\Beneflclary Data Report Subreclpelnt: Boynton Beach Faith Based COC Servlces/Actlvltles/Prolecta: HomebuYlna Counseling Address: PO Box 337. Bovnton Beach, FL 33425 Contract Period: January 2007 to December 2007 James L Horne Apr-07 (1) (2) (3) (4) (5) (6) (7) (8) - CLIENT NAME AND ADDRESS SERVICES ANNUAL RACE HOUSEHOL[ UNITS COST NO. ACTIVITY INCOME (A) (B) (C) (D) (E) Famll FHH Total Total White Black American Hispanic Asian or Size Number Cost Indian Pacific Illander 12 Ernest Bellavita Counseling $66,000 A 3 no 612 New Lake Drive moderate Boynton Beach, FL 33436 13 Angeliz Ramos Counseling $42,00 0 1 yes 518 Waterway Village CT low Greenacres,FL 33413 14 GuerUne Pierre - Preserve Counseling $59,000 B 1 yes 6721 Johnson Street # 115 very low . Hollywood,FL 33024 BENEFICIARY DATA REPORT For the Period/Month of rftur/i... ~oo 7 J:\: ATA\CommunltyRD\FormS\Beneflclary Data Report BENEFICIARY DAT~tEPORT For the Period/Month of 'a<./ ":;ioo 7 7 SUbreclpelnt: Bovnton Beach Faith Based CDC Servlcea/Actlvltles/Prolecta: Homebuying CounseUna Address: PO Box 337. Bovnton Beach, FL 33425 Contract Period: Januarv 2007 throuah December 2007 James L Horne Jr. May-07 (1) (2) (3) (4) (5) (6) (7) (8) - HOUSEHOLD UNITS COST CLIENT NAME AND ADDRESS SERVICES Annual RACE NO. ACTIVITY Income (A) (B) (C) (D) (E) Famll FHH Total Total White Black American Hispanic Asian or Size Number Cost Indian Pacific Islander 1 Kathleen Barbee Counseling $45,000 A 1 yes 5016 Lantana Road # 1203 Moderate Lake Worth,FL 33463 2 Bonita Mervil Counseling $32,880 B 1 yes 317 NW 42nd Ave Modrerate Plantation,FL 33317 3 Yves Joseph & Anvise Counseling' $40,000 B 4 no 6105 Mahogany Drive Low Boynton Beach,FL 33436 1- 4 5 6 J:I' ',)ATA\CommunltyRD\FormS\Beneflc/ary Data Report SUbreclpelnt: Boynton Beach Faith Based CDC Services/Activities/ProJects: HomebuYlno Counsel/no Addre.s: PO Box 337. Bovnton Beach, FL 33425 Contract Period: October 2006 throuah SeDtember 2007 James L Horne Jun.Q7 (1) (2) (3) (4) (5) (6) (7) (8) - HOUSEHOU CLIENT NAME AND ADDRESS SERVICES ANNUAL RACE UNITS COST NO. ACTIVITY INCOME (A) (B) (C) (D) (E) Famll FHH Total Total White Black America n Hispanic Asian or Size Number Coat Indian Pacific Islander 1 Sarah Poe Counseling $36,000 A 1 yes 17608 83rd Place North Low .' Loxahatchee,FL33470 i 2 Kyza Green Counseling $22,720 B 1 yes 416 N.E.14th Ave Low Boynton Beach, FL 33435 3 Winsone Turner Counseling $26,000 B 1 no 4965 Cha-Cha Court Low West Palm Beach, FL 33415 D 2 no 4 Julio Nino Counseling $36,000 7591 Via Luria Lake Worth, FL 33467 5 Rinette Raymond Counseling $26,379 3 no 440 SW 6th Ave Low Boynton Beach, FL 33435 6 Edward Watson Counseling $50,000 B 4 no 1641 Stonehaven Drive Low Boynton Beach,FL 33436 BENEFICIARY DATABEPORT For the PerlodlMonth of <:::Iin L 20p:f- J:\SHRDATA\C InltyRD\FoRn8\Beneflclary Data Report Subreclpelnt: Boynton Beach Faith Based CDC Services/Activities/ProJects: Homebuylng Counseling Address: PO Box 337. Boynton Beach, FL 33425 Contract Period: October 2006 through September 2007 Jam.. L Horne Jun.Q7 (1) (2) (3) (4) (5) (6) (7) (8) - CLIENT NAME AND ADDRESS SERVICES ANNUAL RACE HOUSEHOL[ UNITS COST NO. ACTIVITY INCOME (A) (B) (C) (D) (E) Famll FHH Total Total White Black America n Hispanic Asian or Size Number Cost Indian Pacific Islander 7 Remy Thomas Counseling $47,892 B 5 no 2511 Angfer Drive Low De/ray Beach, FL 33445 8 Tara White Counseling $30,000 B 3 yes 7912 Sonoma Springs Circle Lake Worth,FL 33463 9 Beryl Knight Counseling $31,200 B 1 yes 29 Pleasant Hili Lane Low Tamarace, FL 33319 10 Counseling 11 Counseling BENEFICIARY DATA REPORT For the PerIod/Month of '-.::rl.V\~ z...oo 1 J;ISHRDATA\C'lnltyRD\FormsIBeneflclary Data Report m 0 -t ~ ." ~ .... en c a 0 c: l>> 3 Z .2: (f (1) .. m (") ~ )> ~ -u 0"0) . . ~ lD<Og'$; 0 n 0) --lD-olDG) en % lDO C') 0...... < -i :T :r 0 ()1oQO(l) ()1 '< _. 0 (I) c.: '< :JO) ~ :J 0) ~ )> g. 0),< '< a 3.OOo::J 'i1 ~::+ -0 0 c:JlD3.::J oO:JlD 'i1 - (I) ~ 0" -..Jo~g(l) C'5 - C'):::::!.. W :J c.: ~ .... (I) lDS:lDg m ar,< c.: a. .., ()1 :J -0 :z: <<:r ~. 0 W I\)lD~lDo (1)"(1),, OJ ...... ~m-..Jm~ 0) (I) 0) (J) 0 m 0)> c.: C') c. 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(J) m -0 -i m s:: CD m ;0 w o I\) o o ....., en c D" 3 ::i (I) C. to ':c: o ~ D c: f>> ;+ ~ ::t > -0 -0 .., o (Q a; UI tn ;u CD 'a o ;:l C- O) 3 CD 00 I o 3 CD -f o c. t:l) '< ur c t:l) - ~ ...lo. o W ...lo. o ....., o o 3: 3:00 ~O --< ~z 0-1 mO <z mOl r-m 0> -00 s:::t m." z> -1- o~ 000 ;0> "cn Om ~o -I - o z ~ \ 1. ~oynton Beac'" ~liith Based Community Development Corporation eRA ... ebuyers Assistance Grant Program Quarterly Report I Name Address Household House hold Income Date Status 'r Size Approved ,ram byCRA Active File Non- Active File 2007 Marie M. Cadet 10486 Boynton Beach 1 Low $36,300 Active Status Place Circle Boynton Beach, FL 33437 2007 Will S. Twigg 1460 Wind rah Way # B 1 Moderate $53,000 10-9-2007 Closing date: November 2007 West Palm Beach, FL Lender: SunTrust 33411 Property: Preserve of Boynton Beach 2007 Ernest Bella.vlta 612 New Lake Drive 4 Moderate $66,000 Closing date: December 2007 Boynton Beach, FL 33426 Lender: LIberty Mortgage Property: Preserve of Boynton Beach 2007 Charles Jacques 5111 Caribbean Blvd West 4 Low $45,000 Active Status I Collections Palm Beach.FL 33407 2007 Wllsome Turner 4965 Cha-Cha West Palm 1 Low $32,448 Monthly debt 55% of applicant Monthly Beach, FL 33415 Income. !007 Dawn Osowsky 8828 Windy Circle 1 Moderate $41,000 10-9-2007 Closing date: November 2007 Boynton Beach, FL 3347 Lender: Sun trust Bank Property: Preserve of Boynton Beach !007 Cheryl Brown 350 NW 17m Ave Boynton 1 Moderate $51,000 Medical collection $15,000 I Student loar Grimes Beach, FL 33435 $10,000 - Non-Active Status ~007 Ingrid Green 2501 NW 2na Street 1 Moderate $43,000 Loan approval: CFC,lnc Bovnton Beach, FL 33435 :007 Audrey Thomas 521 NW 10m Ave Boynton 1 Moderate $42,584 Loan approvall HSBC Bank Beach, FL 33435 )07 Michel Russell 733 Rich Drive. Deelfleld 7 Very Low $57,000 Loan Pre -Approval: National City Bank Beach, FL 33411 )07 William Asbury II 10222 Noceto way 1 Moderate $47,000 Active Status Boynton Beach, FL 33437 107 Katress Thad dies P.O. Box Delray Beach, FL 4 Low $35,000 Non-Active Status 33482 107 Steena Facey 8207 Pinehurst Drive 1 Low $36,000 Non-Active Status Boynton Beach, FL 33426 ~07 Marty Duncan 515 SE 20m Ave # 10A 1 Low $35,000 Loan Pre-Approval National City - Boynton Beach, FL 33435 )07 Shenreka Hamilton 415 Lock Road Deelfleld 3 Low $30,000 Active Status Beach,FL 334442 )07 Line M. SainvlJ Sweet Violet Circle West 1 Low $22,000 Active Status Palm Beach, FL 33414 )07 Naomi Lewis 1075 Auburn Circle Delray 3 Low $35,000 Active Status Beach, FL 33411 107 Daniel Joseph 2051 NE 18t Lane Boynton 4 Very Low $30,000 Non-Active Status Beach, FL 33435 1 11/01/07 mynton tSeac'" l;;aith Based Community Development Corporation eRA , 'ebuyers Assistance Grant Program Quarterly Report I Name Address Household House hold Income Date Status 'r Size Approved by CRA Active File Non- Active File ,ram .2007 Stephanie Williams 1322 Gateway Drive 2 Very Low $25,000 Student loans / Credit Cards/payments $520 Lantana FL 33462 .2007 Sarah Vlzcamonda 1537 Rlalto Drive Boynton 6 Low $59,000 Active Status Beach, FL 33436 .2007 Tin Phan 7825 Venture Center Way 3 Low $27,000 Debts / $547 monthly Boynton Beach, FL 33435 .2007 Monica Perez 160 NE 17'" Ave Boynton 2 Low $24,190 Active Status Beach, FL 33435 2007 Rumulo Arce 2301 S. Congress Ave 1 Low $26,000 Monthly debts car payment and credit card: Boynton Beach, FL 33435 $657 monthly 2007 Anna Session 2140 NE 53ru Street Ft. 1 Moderate $42,000 Active Status Lauderdale, FI 33432 2 11/01/07 m 0 en c "T1 -I -< c: D) a 0 z .E: S' ... CI) .. 3 0 (") Z a.pC"\3) ?; rt m OJ 0::00 \3) m (") "U ):. ffi ro" "U ffi ::r ::0 en O1OJ"UOJG) OJCOOJ< 0 CD n ::o~o~ a. CD O)~ o~ m o ...... 0 <" en "U "'0 '< 01 '< -" -I % '< r+ -=:JOJ:Jo ~en~~ 0 o !a. ffi ::1- 0 N CD -.-Jo~o~ " oeo ;::::i.'< C :::l 3 000 "TI -:JCD a. :JC:JOJ "TI ):. 01 :J :J :::!3 .L".., ::0 ~" 0 C" NOJWOJ"U r+ .., 0 - '<:J-"U C CD OCDwCDO OJ::rOJO m ... CD '< .., CD"CDO "'~"U::O ::!'I \3) N W\3)""-I\3)~ \3) m \3)" OJ % :J ;::::i. ex> (") a. (") ~CJ) 0 CD -"CD a. CD o (") (")_ m CD "'0"'0 .., N w~::r ::r_- _::r CD ::r"U >< ct ~" 0 r+ ::0 "m "030\3) "Uw ):. ::r 0 " :J;::::i. CD CD 0 r \3) x r-~:J I~ en CD 0- "'0 ""-I ;::;:CD wI :J o . 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'< ~ ~- ~ ~ "Cl e 0"Cl .., .., ......0 -< ~ e ~ = ...... c .., ~ = ...... ~ .., Q (JCl .., ~ e Boyntor -- '\ach Faith Based Community Development Corporation ne Improvement Quarterly Report Date enter Address Phone Scope of Improvement Date approve - .tme Agreement program Number byCRA Executed 7-09-2007 Lutrica 1455 N,W, 51n Ave Boynton 561-737-9895 Kitchen-Bathroom Improvement- Submitted to Darrisaw Beach, FL 33435 Hurricane Shutter- Roof- Electrical CRA - 9-12- System upgrades - Security Alarm- Replace cabinets-Fixtures bathroom- 2007, Pending Plumbing approval 10-9- 2007, 7/23/2007 Sharon 509 N,W, 11'" Ave Boynton 561-736-4326 LANDSCAPING- DOORS-PAINTING- 9-11-2007 Darrlsaw Beach, FL 33435 kitchen cabinets-sink-bathrooms fixtures -window repairs 8/14/2007 Elizabeth 711 N,W. 1'" Street, Boynton 561-737-3715 Palntlng-Interlor-exterior-Hurrlcane Pending JENKINS Beach, FL 33435 shutters-door-wlndows-Iandscaplng- Verification exterior lighting-plumbing system upgrade Alteration to make home handicap accessible- replacement of kitchen cabinets 9-19-2007 Bernice 524 N,W, 13\11 Ave Boynton City of Boynton Community Improvement Referral from Burgess Beach, FL 33435 referral: Hurricane Shutter Application City of Boynton 9-19-2007 Judy Davis 315 N.W. 8'" Ave Boynton City of Boynton Community Improvement Referral from Beach, FL 33435 referral: Hurricane Shutter City of Boynton 9-19-2007 Eula Smith 300 N,W, 12\n Ave Boynton City of Boynton Community Improvement Referral from Beach, FL 33435 referral: : Hurricane Shutter Application City of Boynton 9-19-2007 Mildred 217 N.W. 3'" court Boynton City of Boynton Community Improvement Referral from Ogbu Beach, FL 33435 referral: Hurricane Shutter Application City of Boynton 9-19-2007 Robert & 117 N,W. 4\n Ave Boynton City of Boynton Community Improvement 9-11-2007 Catherine Beach, FL 33435 referral; Hurricane Shutter Application Shaw 9-23-2007 Ida M, 136 N,E, Lane Boynton Beach, 561-734 -3505 Paint- Roof - Landscape Pending Aiken FL 33435 Verification - Return 9-28-2007 Louis Jean 103 NE 3'" Ave Boynton Beach, Door Interior and exterior &Adlele FL 33435 replacements-Driveway re-paving- Valceus Exterior wall repair 1 11101/07 i- ~.I -- tn~ CI) 0= u. . &GO 0 e ::I a ~a ~ 0 ~8 ~ .2::1 ~~ tt: Q....tn s:.~ W - CII') , . , CI> .... 0... ~",', ,",,' V) ::) s:.::Ie !z 0 ZIt ~ ~g CII') .... 0 Q;~ a:a I 08-e eel) N w .2.2 II) ~ ~ tt: .0::1 ...... s:.-s:. l~ Z4: l 0 .. Q... ~ +-!o 5-u~ ! ... .s 0 ,g :Eo rrrn ~ z -0 ~4I 00 0 v. CONSENT AGENDA: I. Approval of Lobbying Contract with Smith & Ballard \', . ,~",\ t:::;.:: , ,< .-.,~\...,.. " ~~~~Y~T2~lc . ~ East Side-West Side-Seaside Renaissance AGENDA ITEM STAFF REPORT eRA BOARD MEETING OF: NovemberI4,2007 x I Consent Agenda I Old Business New Business Public Hearing Other SUBJECT: CRA Lobbyist Contract SUMMARY: At the CRA Board meeting of September 11,2007, it was recommended the agency contract the firm of Smith & Ballard to provide legislative lobbying services. Some of the issues affecting the CRA at this time are the Strand Case, Creative Workforce Housing Initiatives Program (CHWIP), etc. This is a FY 07-08 budgeted line item in the General Fund for Professional Services. FISCAL IMPACT: $40,000 from Budgeted Line Item 01-51420-203 RECOMMENDA TIONS: Approve the CRA Lobbying Contract with Smith & Ballard. 0.- Bright Executive Director T:\AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS\Completed Agenda Item Request Forms by Meeting\FY 2007 - 2008 Board Meetings\07 11 14 CRA Board Meeting - November\Lobbyist Contract.doc CONTRACT FOR SERVICES This contract is entered into between Boynton Beach Community Redeve~opment Agency (Athe Client@), 915 South Federal Highway, Boynton Beach, FL 33435, and Smith & Ballard, Inc. (Athe Firm@), 403 East Park Avenue, Tallahassee, FL 32301. Recitals Whereas, the Client wishes to retain the services of the Firm in order that the Firm may represent the Client=s interests before the Florida Legislature and executive agencies of the State of Florida; and Whereas, the Firm wishes to provide such representation as the Client may from time to time require; and Whereas, the parties have agreed to the terms under which the Firm will represent the Client and wish to memorialize their agreement in writing. Now, therefore, in consideration ofthemutual covenants herein contained and intending to be legally bound hereby, the parties agree as follows: 1. Term of Contract. This agreement shall become effective on November 1,2007 and shall remain effective until October 31, 2008. This agreement shall automatically renew for successive one-year periods on the anniversary of the effective date of the agreement unless either party terminates the agreement in writing within thirty (30) days of the anniversary ofthe effective date. 2. Duties of The Firm. It shall be the Firm=s duty to advocate the interests of the Client before the Florida Legislature and executive agencies of Florida government as the Client may from time to time request. Included within the scope of the Firm=s duties is the advocacy for passage or defeat of legislation that is relevant to the Client. These duties shall include potential statutory changes and appropriation issues before the Florida Legislature. It shall further be the Firm=s duty to inform the Client of developments in legislation and policy relevant to the Client=s operations. 3. Duties of The Client. It shall be the Client=s duty to inform the Firm of its wishes with regard to legislative and executive advocacy and to provide the Firm the information necessary to best represent the Client in Florida. It shall also be the Client=s duty to timely compensate the Firm for its services. 4. Compensation. The Firm shall receive from the Client $40,000 for this agreement, plus the reasonable costs associated with the representation, including but not limited to, lobbyist registration fees, excluding costs typically associated with the operation of an office, such as overhead, staff, and equipment. The fee shall be paid in 12 equal installments of$3,333.33 a month, beginning November 1, 2007 and continuing to be due on the first of each month until the termination of the agreement. The firm will bill costs monthly. BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY SMITH & BALLARD, INC. By: Brian D. Ballard Title: Managing Partner By: Title: Date: Date: 2 Authorization to Represent the Principal before The Florida Legislature At the time of registration, a lobbyist must submit this completed form authorizing the lobbyist to represent the principal. Type or print clearly the principal represented and the lobbyist's name as they are shown on the registration form. Also provide the North American Industry Classification System (NAICS) six digit numerical code that most accurately describes the principal's main business. This designation by the principal is a mandatory requirement before a lobbyist can register for that principal. A principal may obtain its six digit code from the website of the U.S. Census Bureau at the following URL: http://www.census.gov/epcd/www/naics.html This authorization to represent the principal before the Legislature will be carried forward each calendar year if the renewal form submitted by this lobbyist indicates "Yes" to renew the principal for the next year. The authorization is carried forward until the principal is canceled by either the lobbyist or the principal. Cancellation of a lobbyist's registration by the principal must be provided by written notice from the principal to the Lobbyist Registration Office ("LRO"). Cancellation of a registration by the lobbyist must be done on a cancellation form furnished by the LRO (available on the legislative web site at www.leg.state.fl.us/lobbyist). BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY hereby authorizes Principal Represented BRIAN D. BALLARD to represent the Principal Lobbyist's Name before The Florida Legislature. Required NAICS six digit numerical code (fill in ALL six boxes): 00 11] 00 [II Signature of Principal or Principal's Representative Print name of Principal or Principal's Representative Title of Principal or Principal's Representative Date ATTACH AUTHORIZATION FORM TO THE LOBBYIST'S REGISTRATION FORM lRO FORM 2 (04/2007) Authorization to Represent the Principal before The Florida Legislature At the time of registration, a lobbyist must submit this completed form authorizing the lobbyist to represent the principal. Type or print clearly the principal represented and the lobbyist's name as they are shown on the registration form. Also provide the North American Industry Classification System (NArCS) six digit numerical code that most accurately describes the principal's main business. This designation by the principal is a mandatory requirement before a lobbyist can register for that principal. A principal may obtain its six digit code from the website of the U.S. CensUs Bureau at the following URL: http://www.census.gov/epcd/www/naics.html This authorization to represent the principal before the Legislature will be carried forward each calendar year if the renewal form submitted by this lobbyist indicates "Yes" to renew the principal for the next year. The authorization is carried forward until the principal is canceled by either the lobbyist or the principal. Cancellation of a lobbyist's registration by the principal must be provided by written notice from the principal to the Lobbyist Registration Office ("LRO"). Cancellation of a registration by the lobbyist must be done on a cancetlation form furnished by the LRO (available on the legislative web site at www.leg.state.fl.us/lobbyist). BOYNTON REACH COMMUN.ITY REIJEVELOPMENT AGENCY hereby authorizes Principal Represented .JOSEPH M. MCCANN to represent the Principal Lobbyist's Name before The Florida Legislature. Required NAICS six digit numerical code (fill in ALL six boxes): [2] m 0 El m m Signature of Principal or Principal's Representative Print name of Principal or Principal's Representative Title of Principal or Principal's Representative Date ATTACH AUTHORIZATION FORM TO THE LOBBYIST'S REGISTRATION FORM LRO FORM 2 (0412007) Authorization to Represent the Principal before The Florida Legislature At the time of registration, a lobbyist must submit this completed form authorjzin~ the lobbyist to represent the principal. Type or print clearly the principal represented and the lobbyist's name as they are shown on the registration form. Also provide the North American Industry Classification System (NAICS) six digit numerical code that most accurately describes the principal's main business. This designation by the principal is a mandatory requirement before a lobbyist can register for that principal. A principal may obtain its six digit code from the website of the U.S. Census Bureau at the foUowing URL: http://www.census.gov/epcd/www/naics.html This authorization to represent the principal before the Legislature will be carried fOlward each calendar year if the renewal form submitted by this lobbyist indicates "Yes" to renew the principal for the next year. The authorization is carried forward until the principal is canceled by either the lobbyist or the principal. Cancellation of a lobbyist's registration by the principal must be provided by written notice from the principal to the Lobbyist Registration Office ("LRO"). Cancellation of a registration by the lobbyist must be done on a cancellation form furnished by the LRO (available on the legislative web site at www.leg.state.fl.us/lobbyist). BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY hereby authorizes Principal Represented MATHEW FORREST to represent the Principal Lobbyist's Name before The Florida Legislature. Required NAICS six digit numerical code (fill in ALL six boxes): 012] [1] 012] 0 Signature of Principal or Principal's Representative Print name of Principal or Principal's Representative Title of Principal or Principal's Representative Date ATTACH AUTHORIZATION FORM TO THE LOBBYIST'S REGISTRATION FORM LRO FORM 2 (0412007) co C- ,- () c: 'i: c.. cu .c. - ...... c: cu en CI) .... C- cu a::: o ..... c: o +: CO N "i: o .c. ..... :::1 <t l?(U~6 ...... .0.. +-- "_ ,,, '0 '+- ro "" c .- .... ~.;:: \- (;) . t; 0. CO '6> U) w <ll (1)'- (I) l? >.......0 -o.........w..o . CO ';i..... 0 o.....-ow_ .!E ~ c's;:. 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Review of CRA Board Direction for Ocean Breeze RFP ~~Y~T2~ eRA East Side-West S',de-Seas',de Renaissance ' AGENDA ITEM STAFF REPORT eRA BOARD MEETING OF: November14,2007 I Consent Agenda I Old Business I X I New Business Public Hearing Other SUBJECT: Review ofCRA Board Direction for Ocean Breeze RFP (Info. Only) SUMMARY: At the October 9,2007 CRA Board Meeting, a statement was made by a board member that staff did not follow Board direction in reference to the selection of the Ocean Breeze RFP Re-issue Selection Committee. Upon review of the July 31 st Special CRA Board Meeting minutes, it was shown that staff did follow direction of the Board. The attached information will clarifY the Board's direction, as well as staff's reasoning for taking the action they did. FISCAL IMPACT: None. RECOMMENDATIONS: Info. Only J- isa Bright Executive Director T:\AGENDAS. CONSENT AGENDAS, MONTHLY REPORTS\Completed Agenda Item Request Forms by Meeting\FY 2007 _ 2008 Board Meetings\071114 CRA Board Meeting - November\Ocean Breeze Direction Cover.doc MINUTES OF THE SPECIAL COMMUNITY REDEVELOPMENT AG~NCY MEETING HELD IN CITY COMMISSION CHAMBERS, BOYNTON BEACH, FLORIDA ON TUESDAY, JULY 31,2007, AT 6:30 P.M. Present: Jerry Taylor, Chair Jose Rodriguez, Vice Chair Mack McCray Carl McKoy Ron Weiland Lisa Bright, CRA Executive Director Jim Cherof, CRA Board Counsel I. Can to Order Chair Taylor called the meeting to order at 6:30 p.m. and explained the special meeting was convened to address two issues. The first issue was whether the CRA wanted to continue the former rule for a Request for Proposal (RFP), requiring a Code of Silence. The rules specified individuals or entitles that submit RFP's cannot speak to board members. The second issue was whether or not when two RFP's come back, if the board wants a selection committee to rank the proposals before the board' would see them. II. Pledge to the Flag and Invocation The board recited the Pledge of Allegiance to the Flag. Lisa Bright, CRA Executive Director, explained at the July 10th meeting the original process for the Ocean Breeze site was not selected. It was her understanding the RFP was to be re-issued and there was a question on the timellne to do so and if it could be moved forward faster. Ms. Bright explained since that time she had received some emails from board members who were interested in changing the Code of Silence and some of the processes. Ms. Bright discussed the matter with Attorney Cherof and brought the matter to the board. She was not comfortable making substantive changes to the agreement without the approval of the board. She explained the only change in the copy contained in the meeting backup materials was under process #8, the elimination of the CL T (Community Land Trust). She sent correspondence to the board on July 19th explaining the cost of doing a CL T in this market would be cost prohibitive. They tried to partner with Delray' Beach and Northwood, but they were struggling. She pointed out the County CL T Initiatives have stopped. She left any changes up to the board prior to re-issuing the RFP. 1 Special Meeting Minutes Community Redevelopment Agency Boynton Beach, FL July 31,2007 Ms. Bright explained the purpose of the silence with the RFP was it is a Florida Redevelopment Association best practice. She did not recall in her experience or tenure with the City having the requirement broken or changed. This was a policy decision. The provision requires all questions to be directed to staff. Typically a selection committee makes a recommendation and the board was ultimately responsible. She explained last month, since there were only three proposals, she thought the board might hear all three proposals. Attorney Cherof explained the RFP contained language that described a two-phased process. The first phase began with the announcement of the RFP, and indicated there would be no communication with the board during the submission phase. Any questions would go to CRA Director and the staff. Phase II allowed the proposer to communicate with members of the board, but only in compliance with the City's Lobbying Ordinance. This phase began when the proposals were open and ended with the selection of the plan. Attorney Cherof explained this would require the board members to also disclose any contact with proposers. Board Member McCray explained he did not see Public Comment on, the issue on the agenda. He explained the agenda was not approved, nor roll call taken. III. Roll Call The Recording Secretary called the roll and declared a quorum was present. IV. Agenda Approval A. Additions, Deletions, Corrections to the Agenda B. Adoption of Agenda Motion Board Member Weiland moved to approve the agenda. Vice Chair Rodriguez seconded the motion. Vice Chair Rodriguez asked at what point could they add future items to the agenda. Chair Taylor explained that should be done at the next regular CRA meeting. 2 Special Meeting Minutes Community Redevelopment Agency Boynton Beach, FL July 31, 2007 Vote There was a vote on the motion that unanimously passed. V. Old Business: A. Discussion and Approval of Re- Issuance of Ocean Breeze RFP Board Member McCray had concerns he wanted address. He explained the City and the CRA has a selection committee to make even trivial decisions. He believed breaking policy for a $7M land deal does not make sense. He. explained the board was eliminating 14 days from the process by holding a special meeting and another 10 days by canceling the selection committee. He asked if the 24 days were needed so a month could be saved in time for election. He also asked If Mr. Katz picked up his forms for re-election and if he was stili a lobbyist for Auburn. Board Member McCray explained current CRA members negotiated directly with Intown Principal, Richard Baron on a development agreement, which did not occur for the MLK corridor. He asked what guarantee they had that breaking the Code of Silence would guarantee an executed development agreement with the selected party. Shortening the process only gave the current respondents the opportunity to meet the deadline, but thought it would preclude others that did not meet the deadline. Eliminating the selection committee did not guarantee an expedited process. He explained last year a former CRA Board member demanded the selection committee be removed to expedite the MLK corridor process, which failed, and the City was starting all over. He thought the project was being rushed under the new CRA Board. Single member districts serve the needs of their own districts and he questioned why there was so much special interest. He questioned whether the issue was about protecting the public interest or politics. He felt it was the board's responsibility to set policy and direct staff and consultants to do their jobs. Vice Chair Rodriguez supported the two-phaSed process Ms. Bright described, and thought it was probably the best process. He felt this instance was unique because the board had already opened up discussions with developers. His intent was to have a level playing field for all developers to submit and then they must allow other developers to have the same privileges. Board Member Weiland agreed. He felt once the submission deadline had passed, it was very important for the board members to be able to sit down and have questions directly answered. He ,believed having three presentations made at the meeting limited the board's ability to digest all the information right away. He thought it was important to adhere to both processes. .3 Special Meeting Minutes Community Redevelopment Agency Bovnton Beach, FL July 31, 2001 Board Member McKoy was concerned. He received email from staff indicating the developer was requesting a meeting with only two board members. He did not know why they would not want to meet with all board members. He felt if the Code of Silence was removed, who would determine whether those dialogues would be held. Board Member McKoy felt the issue was more far reaching and had an indirect impact. Ms. Costello informed him there was an email or some type of communication that a developer wanted to meet with only two board members. Board Member McCray also announced he was contacted by Ms. Costello and informed a developer wanted to meet with him, which he declined to do. He agreed with Board Member McKoy and wanted to know who would police and ensure the board members did not meet with developers during the Code of Silence. He wanted to know what measures were in place. Attorney Cherof explained each member was responsible for conducting themselves in accordance with the standards and ethics set by the State and the Ordinance. For a board member to meet with a proposer, the issue could be addressed by adding additional language to the RFP. He suggested adding that at the commencement of the meeting when the board meets to rank the proposers, that all board members shall disclose any communication with any proposer, setting forth the name, date and time of the communication. Attorney Cherof explained by instituting those requirements, all the board members have the responsibility to disclose to the public and other board members that they have done so prior to ranking the proposers. Attorney Cherof explained the code of silence is a term to guide conduct in certain respects. Some members might want to meet with a proposer beforehand to ascertain information that they believe would not come out at a public meeting. Mayor Taylor explained if a member believes another member has met with a developer inappropriately, they could file a complaint. Ms. Bright explained if the October 9, 2007 time line was acceptable to the board, there was the opportunity to have a 30 day response time and all the presentations could be heard at the September 11 th, CRA Board meeting. The Code of Silence could be broken for the next meeting and the board could make the decision on October 9, 2007. Vice Chair Rodriguez explained the board had exposed themselves to one developer. He had questions on liability and if that one developer had an advantage. He also questioned whether they had an obligation to open it up to other developers during Phase II. 4 Special Meeting Minutes Community Redevelopment Agency Boynton Beach, FL July 31, 2007 Attorney Cherof was not sure there was liability based on a few isolated facts. As long as there was proper disclosure and equal opportunity to meet with developers, and as long as the developer complied with the City Lobbying Ordinance, he thought that would be a fair way to approach it. He emphasized the past was thrown out and the board was starting new. It could be equally argued that the one developer was tainted by earlier communications, so it may not necessarily work in favor of that developer. Herb Suss from Quail Run, commented there was a cloud over the board and the Code of Silence must be kept. He thought the CRA Board members should resign immediately. Woodrow Hay, 427 NW 5th Avenue, suggested adding language to the verbiage recommended by Attorney Cherof that when members disclose their meetings with developers, they also disclose the nature of the discussions. Samantha Simons, 826 Estuary Way, explained the Code of Silence was broken in a prior RFP that was released. She read an excerpt of it into the record as follows: "It is expected that there will be no communication with parties other than those specifically noted herein and such communication shall be exclusively for clarification regarding procedures and objectives. The CRA prohibits communication to or with any department, bureau or employee during the submission process. Communication with any parties for any purposes other than those expressly described herein, may cause an individual or firm to be disqualified immediately from participating in the development solicitation. All questions or inquiries should be directed to Usa Bright with her email address given. It will be necessary for parties responding to comply fully with the general terms and conditions outlined in this document if they are to be considered." She asked why the board was entertaining this process and the Ethics Ordinance and felt the discussion were a farce. She had several questions and asked for answers. Attorney Cherof responded most of the questions posed by Ms. Simons did not go to the issue on the agenda, which was prospective in nature and not retrospective. Ms. Simons wanted to know about liability in the future and did not see how the Code of Silence could work regardless of which Phase I or II was used. Attorney Cherof responded all prior RFP's have been rejected and the board was in the process of beginning anew. The board was discussing the Code of Silence prospectively. Barry Slivers, Attorney for Ms. Simons, explained if there had already been communications with the board by a developer, it gives them an unfair advantage and he thought the entire picture needed to be examined. He explained the Ocean Breeze 5 Special Meeting Minutes Community Redevelopment Agency Boynton Beach, FL July 31, 2007 RFP was specific in that it disqualified proposers who had communications with the board. He announced these were rampant violations of the Sunshine Law. He expounded an individual cannot meet with two board members, and people needed to be told of it, otherwise the same thing would happen as did in Palm Beach County with Masoliti and Newell. Attorney Cherof explained Mr. Silvers comments were a misstatement of the Sunshine Law. He informed Mr. Silvers that there were forms he could use if he wanted to make a complaint. Frank Chirkinian, 625 Casa Lorna Boulevard, representing American Realty was present. He explained American Realty was one of the three bidders and was very disappointed the board members had been lobbied. He explained it was very clear in the language that lobbying should not take place. It was his opinion that Auburn Group broke the rules and wanted to know why they were not disqualified. He indicated the integrity of the process was breached and he did not feel it was a level playing field. He advised he was not sure the company would resubmit and thought there was an issue with credibility of the board at this point. Vice Chair ROdriguez noted when communications and questions are received from a developer, the other developers are not copied on the questions. He thought th~t should be done to keep a level praying field. Attorney Cherof explained it was common practice in the bidding process so that each proposer had the same information and same interpretation from staff. There was agreement to implement that practice. Motion Vice Chair Rodriguez moved to implement the proposal of a Phase I with no communications except with the Executive Director and a Phase II, which was post submission communication available if requested. Board Member Weiland seconded the motion which passed 3-2 (Board Members McCray and McKoy dissentIng.) The board discussed whether they wanted the proposers to first present to the selection committee or go straight to the board. Board Member Weiland thought if there were more than three proposals, he would recommend a selection committee narrow the field down to three. If they received only two or three proposalsf he would prefer to review and rank them himself. 6 Special Meeting Minutes Community Redevelopment Agency Boynton Beach, FL July 31, 2007 Board Member McKoy believed the process should start with an independent selection committee and a recommendation made to the board for approval. Vice Chair Rodriguez explained he read all the proposals and believed the remarks made by American Realty Group indicating that the process was bogus and not credible, spoke to the experience level of the individuals ranking the proposals. He explained he evaluated and ranked the three proposals and compared those to the ones made by the members and two were on target and the others were way off. He explained the CRA staff were qualified and professional, and they should be doing the evaluation and rankings. They are advisory in nature and he suggested leaving the process the way it was written. Board Member McCray recognized there was staff and also read the proposals but he did not have the advantage of speaking with a developer. He did not understand the urgency to rush the project. He thought regardless of how many proposals were received, they should be reviewed by the selection committee. He believed the only credibility the board had was they were elected officials. Mayor Taylor agreed CRA staff was excellent, but he explained he was not comfortable with using individuals that were not accountable to the public. He wanted to get the best deal for the City based on the presentations and recommendations of staff. Board Member McKoy explained there are about 20 advisory boards, and they rely on recommendations from them. He did not understand why they could not rely on a recommendation for this issue; he did not see the difference. He was referring to recommendations from the residents of the City. Woodrow Hay indicated he was one of the individuals on the committee, and he had not yet seen the results of that evaluation. Ms. Bright explained the rankings were private and they used a weighted average. Sergio Casaine, 13 Meadows Park Lane, announced he believed there were qualified individuals in the community and they could be selected properly. He was in favor of compiling the necessary expertise and opinions from the affected area of the community to be part of the committee. Victor Norfus, 261 North Palm Drive, agreed there was a cloud over the Commission and CRA Board. He agreed the community residents should be part of the process. He noted the majority of the board was not from the community. He pointed out the committee makes a . recommendation which the board is not bound to the recommendation, but it was bound to listen to the community. He was in favor of 7 Special Meeting Minutes Community Redevelopment Agency Boynton Beach, FL July 31,2007 keeping the selection committee and including affected community residents. He conveyed the community does not feel they are well represented in this area and there should be more than three individuals. He asked the board members to decide if there would be representation from the community aside from the board members. The community feels the board members are making decisions behind their back. Mayor Taylor explained he represents the entire City and feels a total responsibility to the community. Ms. Simons thought if there was a selection committee with individuals representing other important individuals, it was important those people knew what a Community Land Trust was. She thought as an advisory committee, they may want to decide if a Steering Committee was warranted. An advisory board, however, may not be a good idea if the individuals selected for the committee were not familiar with the issue. She suggested the board may want to consider putting the project out for open bid. Chair Taylor explained the process will be open to the public and the board would hear from as many people who want to speak that night in the open and in public. They would all get to hear and see the proposals. He thought there would be a lot of input. Board Member McCray disagreed. He indicated the community feels they have no input and why should they bother trusting the board and commenting because the board already met and decided to do what they want to do. He also advised the community thought the board members should be out of office. Board Member McKoy explained he was concerned with what was happening in private. Dr. Martha Meekslight, 225 NW 6th Avenue, explained she was a lifelong resident of Boynton. She thought having the immediate neighborhood involved in the process would have a significant impact. She explained there were residents with the expertise who could be an asset. She emphasized the board does not live in the neighborhood that could serve on the nOminating committee. She implored the board to show that they care and have a nominating committee. Mr. Silvers agreed with Dr. Meekslight's comments, and also agreed with Ms. Simons suggestion to put the project out for bid in order to avoid any type of problems. He pointed out whatever committee that would accept or reject certain proposals, would be subject to the Sunshine Law. He cautioned that if the wrong individuals were having communications with developers, it could cause much heartache and cost the City much money. He announced he had spoken with different municipalities in the past and alerted them to situations that ultimately caused much hardship and money. He urged the City Attorney to bring the Sunshine Law to the board and read it and explain it. He explained the City Attorney was incorrect and was going to cost the City much money. 8 Special Meeting Minutes Community Redevelopment Agency Boynton Beach, FL July 31, 2007 Mark Karageorge, 240A Main Boulevard, felt strongly the selection committee concept should remain in place. Mr. Suss explained when individuals were involved in the process, they felt better about it. He explained he did not feel the type of community representation being requested presently existed on the board and to not have an advisory committee was a slap in the face to the City. Motion Board Member Weiland moved to delete the selection committee and direct the CRA Executive Director to work with her staff as she sees necessary to formulate a panel to review the applications and make a recommendation to the board. Motion died for lack of a second. (::~otjOJ'l ~', .', 'll,q~lrdMember MCGray moVed to continue with the selecti()ncOIT101itt~eand fot the m~m.berwMo didnottllrnhi,~,JanKjog~ in, ,he~"repl~(iled'f;and <'they get fair repre~entatiOri 'fromDIstnCtiI.Bi~~~~~rnfifr"Mt:K6y.'~ec6nCiE!d "'thetnotibn. Vice Chair Rodriguez announced he was going to second Board Member Weilands motion, but wanted to add the language as stated by the Attorney, to the motion. Board Member McKoy wanted to know what process there was to revise the current CRA process for RFP's. He questioned the dialogue that predicated the request to change the process. Specifically, he wanted to know if anyone requested Ms. Bright change the process without bringing it to the board. Ms. Bright responded she had two communications from board members that wanted changes in the communications and the request prompted her to approach the attorney before it went to the full board. Ms. Bright explained what predicated the issue was Vice Mayor Rodriguez had made comments to the press about it and Board Member Weifand called her about it. After she informed the City Attorney, the issue was brought to the board. Motion Vice Chair Rodriguez made a substitute motion to implement an advisory committee, but start from scratch with totally new members. Ms. Bright explained in the past, those members were approved by the CRA Board via consent agenda. 9 Special Meeting Minutes Community Redevelopment Agency Bovnton Beach, FL July 31, 2007 Attorney Cherof pointed out the language in the previous RFP explained the committee was a five member committee composed of CRA staff, City staff and selected members of the HOB community who would conduct the initial evaluation based on certain criteria. Board Member McCray announced the citizens of District II were in no rush to get the project done. Vote Board Member Weiland seconded the motion that failed 2-3 (Chair Tay/or, Board Members McKoy and McCray dissenting.) I~~te tryj ~ ~ :vtl~~~,araVQt~d ',' ~n,tf:lIa .o.r~,SljfJ?llrnPtionto. keep,t:heselectiQn ~Qrnmittee, replace o'ne flilerofleral'ld have r-epresentatiQnof 9iStrictlI,whfch LJhanlmous'ypassed~ €f~e<boafdagreecr sta1f\Nould choose thernel11bersof the selection committee. The tim~JIhewasalso 8gteedohand was flexible should a change need to be maae. VI. Adjournment There being no further business to discuss, the meeting adjourned at 7:44 p.m. C i!..hviJJ. J{LdywrrrJ/l.( Catherine ChJrry-Guberman Recording Secretary 10 MINUTES OF THE COMMMUNITY REDEVELOPMENT AGENCY REGULAR MEETING HELD ON TUESDAY, OCTOBER 9, 2007 AT 6:30' P.M. CITY COMMISSION CHAMBERS, BOYNTON BEACH, FLORIDA Present: Jerry Taylor, Chair Jose Rodriguez, Vice Chair Mack McCray earl McKoy Ron Weiland Lisa Bright, CRA Executive Director D.J. Doody, CRA Board Counsel I. Calf to Order Chair Taylor called the meeting to order at 6:30 p.m. II. Pledge to the Flag and Invocation Mr. McKoy gave the Invocation and led the Pledge of Allegiance to the Flag. III. Roll Call The above members were noted as present. IV. Agenda Approval A. Additions, Deletions, Corrections to the Agenda None. B. Adoption of Agenda Motion Mr. McCray moved to approve the agenda. Mr. Weiland seconded the motion that unanimously passed. v. Consent Agenda: A. Approval of the Minutes - CRA Board Meeting - September 11, 2007 1 Meeting Minutes Community Redevelopment Agency Boynton Beach, FL October 9'. 2007 B. Approval of the Period-Ended September 30, 2007 Financial Report C. Approval of a Commercial Fa~ade Grant to Kim Kelly - 531 E. Ocean Avenue not exceed $15,000 D. Approval of a Commercial Fa~ade Grant to Lisa Hargrove - 810 N. Federal Highway not to exceed $15,000 E. Approval of Funding $50,000 from the Homebuyers Assistance Program to Will Twigg F. Approval of Funding $50/000 from the Homebuyers Assistance Program to Dawn Osowsky G. Report on CRA Property Acquisitions for FY 2006 - 2007 (Info. Only) H. Boynton Beach CRA and Trolley Webslte Updates (Info. Only) Vice Chair Rodriguez pulled items B, C and D. Motion Mr. McCray moved to approve the Consent Agenda less the items pulled. Mr. McKoy seconded the motion that unanimously passed. A. Public Comments: (Note: comments are limited to 3 minutes in duration) Chair Taylor opened the public hearing. Buck Buchanan, 807 Ocean Inlet Drive, and Vice President of INCA (Inlet Cove Association), spoke on behalf of INCA and read a letter. A copy of the letter is attached to the original minutes in the City Clerk's office. The letter pertained to Federal Highway and how important it was to improve the highway. The letter requested the CRA staff, City staff and other agencies associated with beautification and minimizing infrastructure and utility impacts along the corridor, meet to develop a preliminary plan to attract business. Mr. Buchanan reported he supports the project and INCA liked the neighborhood improvements, but because the corridor would generate TIF, it should be the first priority. He recognized the infrastructure and cost factors involved and felt a City was defined by its downtoWn. The letter explained there were opportunities to help mItigate costs involved in the undertaking. 2 Meeting Minutes Community Redevelopment Agency Boynton Beach, FL October 9. 2007 . Mr. Buchanan discussed North Federal Highway, which he defined as ugly. He referenced Murano Bay was unattractive because of the area across the street. Seacrest Boulevard could use improvement and he thought a four lane roadway bisecting the residential neighborhoods would benefit from a more attractive approach. If the County were a participant, it would help. He requested staff be directed to investigate the issue. Vice Chair Rodriguez agreed with Mr. Buchanan. He inquired on the status of the study just approved recently for $25K. Ms Bright responded the study was just beginning. Ms. Brooks clarified the contract with Kimley Horn was not yet executed and another scope or services, or work order, could be added. Vice Chair Rodriguez thought Federal Highway and Seacrest could be addressed. The Federal Highway Plan update was adopted and dealt with the private sector development and not the roadway. Ms. Brooks reiterated they could approach Kimley- Horn for a quote for a portion, or all of the corridor in the CRA District. Ms. Bright's understanding of the issue was INCA wanted the utility lines underground. Those types of issues are addressed when development occurs. Additionally, she did not see how TIF was generated from a beautification. Mr. Buchanan explained the government improved Gateway which encouraged development. The same would occur along Federal Highway and generate TIF. Mr. Weiland would rather see Federal Highway Improved as opposed to Seacrest. The endeavor was already costly. Mr. Buchanan suggested just doing the basics. Utilities would only need to be done once. He referenced the development north of Boynton Beach Boulevard. Vice Chair Rodriguez recommended obtaining a quote from Kimley-Horn for a streetscape design and bring it back. Ms. Brooks explained the scope of work was not for underground utilities on Seacrest; Seacrest was a County road not a City road. There were limitations, design-wise what could be done. They were currently at the design stage. They would need to obtain cost and the board wC;>uld need to determine if they want it or what phases to implement them. Underground utilities required tearing up of sidewalk and other demolitions. It would be a major undertaking. Chair Taylor explained Gateway was paid for by the County. In reference with the Federal Highway nof1:h end, the west side was landscaped by the City to a certain extent. The east side needed improvement and he thought the private sector would 3 Meeting Minutes Community Redevelopment Agency Boynton Beach, FL October 9. 2007 assume that cost. There was a brief discussion what occurs first, the redevelopment or the private sector. Ms. Brooks pointed out the Federal Highway Redevelopment Plan calls for a mixed use development at the core and further north was special.high density, townhome type multi-family development. Right now, what was there was not economical/y, commercially or residentially viable. There was much interest in redevelopment for the area due to the proximity to the water. The area was still prime real estate and would develop. The builders could determine, however, how it would look when it was done. Chair Taylor was not opposed to having a study to determine what it would look like. He noted burying power lines costs millions of dollars. Ms. Brooks explained the price would dictate the segment that would be serviced. Ms. Brooks would provide further information for the November meeting. Gertrude Sullivan asked what was happening with the gas company on 6th Avenue and Federal Highway. She reported the property, which was the AmeriGas site, was an eyesore. She also requested when something was planned, the neighborhood have input and be part of the planning. Ms. Bright explained the board will only be selecting the firm to begin negotiations. The Ms. Sullivan requested the Heart of Boynton be included in the process beforehand and not after the fact. Victor Norfus, advised he was a candidate for District II. Mr. McCray requested Mr. Norfus' candidacy announcement be stricken from the record. It was explained political announcements were not permitted at the meeting. Victor Norfus, 261 North Palm Drive, recalled on July 10th, he had inquired about the training the eRA Board had as far as redevelopment. He explained at that time Chair Taylor and Mr. McCray announced they had training. Mr. McCray explained that was an error and he requested if anyone had training as far as community redevelopment training, to disclose the experience. Chair Taylor explained throughout the year there are seminars board members can go to for additional training. The staff attends those and the board members are eligible to attend them as well. Mr. Norfus explained he wanted that clarified because he was corrected when he was not incorrect. Mr. Norfus spoke about. City Hall being situated within the CRA area, and whose purview the properties were under. He explained a comment was made the land was prime real estate for a developer. He requested the board's feedback on whose jurisdiction City Hall was under and if there were any plans to sell to a developer. 4 Meeting Minutes Community Redevelopment Agency Boynton Beach, FL October 9.2007 Chair Taylor explained City Hall falls within the CRA area and plans were not discussed. He explained it was common knowledge, the City had outgrown City hall and there was open discussion but no formal discussion. Will Twigg, thanked the board for their approval of Item E, a program which enabled him to purchase a home. He expressed his gratitude and explained as a member of the National Guard and a deputy, it meant a lot to him to purchase a home in a nice community. Dawn Osowsky, also thanked the board for their approval of Item F, which allowed her to purchase a home. She was excited to be part of the community. Mayor Taylor closed the public hearing. Mr. Weiland announced he had a question on item G of the Consent Agenda. Motion Mr. Weiland moved to pull Item G from the Consent Agenda for information only. Mr. McCray seconded the motion that unanimously passed. The item was heard later in the meeti.ng under pulled Consent Agenda Items. VI. Public Hearing: Old Business: None. New Business: A. National Transmission, Inc. Land Use Plan Amendment/Rezoning PROJECT: AGENT: OWNER: LOCATION: DESCRIPTION: National Transmissions, Inc. (LUAR 07-004) Carl A. Cascio, P .A. Michael and Julia C. Dechantz 502 NE 3rd Street Request to amend the Comprehensive Plan Future Land Use Map from General Commercial (GC) to Industrial (I); and Request to rezone from C-4 General Commercial District to M-l Industrial District. 5 Meeting Minutes Community Redevelopment Agency Boynton Beach, FL October 9. 2007 Chair Taylor read the request. Gabriel Weubben, Planner, presented the request and reviewed the item. The request was to rezone the property from General Commercial (GC) to Industrial (I) and rezone from C-4 General Commercial to M-l Industrial. The request was consistent with the Comprehensive Plan. There is a shortage of industrial land in the City. The Heart of Boynton Plan, adopted December 4,2001 has a land use map which shows the subject property fulfills the plan. There were no negative impacts on existing infrastructure or on traffic. Staff recommended approval of the request subject to all conditions of approval. The request was compatible with the adjacent land use designations to the east and exiting uses in the area surrounding the property. Carl Cascio, counsel for the applicant, Mr. Dechantz, was available to answer questions. Ms. Sullivan wanted to ensure the project did not move any further into the neighborhood. The applicant was operating an Automotive Repair Center. Sergio Casaine, asked what does National Transmission did. Mr. Dechantz responded it was an automotive repair center. Mr. Casaine explained he was trying to make a distinction between indl:lstrial and light industrial. Motion Mr. McCray moved to approve. Mr. McKoy seconded the motion that unanimously passed. VII. Pulled Consent Agenda Items B. Approval of the Period-Ended September 30, 2007 Financial Report Susan Harris, Finance Director, reviewed the item showing the revenues for the year minus the expenses. She advised there would be rollover funds and explained there would be an adjustment made because they would record a liability for pOSSible TIF refunds that might be incurred because the tax rolls were still not certified. The roll over funds would be less than $8M, and they were not yet allocated. The plan was to put those rollover funds in contingency. The eRA staff was in the process of determining what to do with those monies. While they had some ideas, no formal plan was presented to the board yet. One idea under consideration was an expansion of the trolley. The money was there but not yet audited. Pre-audit adjustments would be occurring in October 'and an audit in November. The funds did, however, need to be allocated to projects needing to be completed within three years. 6 Meeting Minutes Community Redevelopment Agency Boynton Beach, FL October 9. 2007 Motion Vice Chair Rodriguez moved to approve. Mr. McCray seconded the motion that unanimously passed. C. Approval of a Commercial Fa~ade Grant to Kim Kelly - 531 E. Ocean Avenue not exceed $15,000. Vice Chair Rodriguez requested clarification whether these types of grants were given to tenants and not owners of buildings. Mike Simon, Development Manager, responded they could be awarded to a tenant, but only with the approval of the owner. In this instance there were two applicants because the owner needed to give approval for the tenant to apply. Attorney Doody explained the CRA could have consent and approval incorporated into the application. The approval could be handled in a way similar to an easement. The applicant would then be the actual recipient of the funds and the individual entity required to make the improvement. Mr. Weiland had a question about the sidewalk cafe and thought removable bollards should be installed. Additionally if they were allowed to use the patio and sidewalk, some type of agreement should be made that the tables would not block the sidewalk and allow for proper pedestrian access. Lastly, he thought the maintenance of the sidewalk should be incorporated. Ms. Brooks explained the sidewalk access was mandated by the Code under Sidewalk Cafe. The maintenance could be added, if no present provisions exist to wash the sidewalk every few months. There was a short discussion a~ut bollards. Ms. Brooks noted there was off street parking there. Mr. Weiland was concerned about safety. Ms. Bright reported the City Manager was not fond of the bollards and suggested she look into the matter further and revisit the matter next month. Chair Taylor commented requiring bollards could be opening a Pandora's box. There were other locations that have sidewalk cafes, but he did understand the safety aspect. Mr. McCray asked who would be responsible if an accident occurred. Attorney.Doody responded that was usually determined on a case by case basis, but generally, it was the vehicle operator. Mr. Simon explained it would be easy to add an addendum to the agreement. Thela~ger issue, however, is would it be governed through the City Business Tax Receipt and be incorporated as a requirement. The reimbursement requires proof of payment. 7 Meeting Minutes Community Redevelopment Agency Boynton Beach, Fl October 9. 2007 , Motion Mr. McCray moved to approve. Mr. Weiland seconded the motion that unanimously passed. D. Approval of a Commercial Fa9!de Grant to Lisa Hargrove - 810 N. Federal Highway not to exceed $15,000. Vice Chair Rodriguez asked if the item was another owner tenant application. This application was for the owner. Motion Vice Chair Rodriguez moved to approve. Mr. McCray seconded the motion that Unanimously passed. G. Report on eRA Property Acquisitions for FY 2006 - 2007 (Info. Only) Mr. Weiland had questions and requested more Information be included when the items were presented. Ms. Harris explained the properties were identified by the former property owner. In the future, she would include a larger comment section and the acquisition plan. VIII. Old Business None. IX. New Business A. Ocean Breeze RFP Ms. Brooks outlined they received three responses to the Request for Proposals. Two respondents met the criteria threshold; they were the American Realty and Carlise Realty Groups. Ms. Brooks explained both groups would have 10 to 15 minutes to make their presentation and questions would be heard at the end. Additionally, the community participated in the process and the proposals were ranked. The scores were aggregated; 74 pOints went to American Realty and 63 points went to the Carlisle Group. 8 Meeting Minutes Community Redevelopment Agency Boynton Beach, FL October 9. 2007 (Mr. Weiland left dais at 7:22 p.m.) The prior board selected the participants to rank and shorttist the proposals. Vice Chair Rodriguez explained the board added a person without their consent. It was clarified with the original selection committee, one person dropped off and was replaced. Another person dropped off and never turned in the score sheet. The direction of the board regarding the individual who didn't drop off the score sheet was the CRA would make a recommendation for a replacement. The participants were: Mr. McCray, Buck Buchanan, INCA; Terrence Carera, HOB; Devlin Coughlin, Chamber of COmmerce; and Peter Wallace, ITS. (Mr. Weiland returned and Vice Chair Rodriguez left at 7:25 p.m.) I. Presentations by Respondents Jim Dyal, Vice President American Realty, 2602 Merida Lane, Tampa thanked all for the opportunity to respond to the RFP and to introduce the development team. The firm has two principals, and constructed 29 affordable developments with 5,700 units, plus projects they developed in Georgia and Texas, as well as for student housing. (Vice Chair Rodriguez returned at 7:26 p.m.) The developments served families that meet the criteria for affordable housing and use Low Income Housing Tax Credit Loans, S.A.I.L. and S.H.J.P. The PL Development Group was Pascal Levy, which was a Palm Beach County firm, knowledgeable in SAIL housing. Mr. Dyal announced they reviewed the HOB plan and met with Northwood Renaissance and the Boynton Beach COC who agreed to join the development team at a meeting that took place last Wednesday. They could provide the outreach. The idea was they wanted to bring in the development team to then hold the meetings with the community. Ms. Sullivan was not aware of the meeting. Mr. Weiland spoke about outreach and asked what if the CDC's could not provide enough outreach to address all their concerns and needs. Mr. Oyal explained their job was to ascertain what the community wanted and what they could do. Mr. Dyal explained they have to build units that were wanted and could sell. The plan must be a feasible plan. He wanted a harmonious project. They don't want to build a high density project next to single-family homes. They wanted them to be compatible with surrounding prope~ and land uses. 9 Meeting Minutes Community Redevelopment Agency Boynton Beach, FL October 9. 2007 Mr. Dyal explained the Northwood Renaissance and Boynton Beach CDC would also help with financing. The project needed to have the right financial layering and residents to be successful. LISC (Local Initiative Support Coalition) would also provide financing for the project. Community Development Corporations prequalify buyers. The plan was for part rental and part home ownership. It was recognized not everyone was able to be a homeowner. The rentals would be on one side of the properly and home ownership on the other. The rental could be an incubator and stepping stone to home ownership. The goal was to serve as wide a spectrum of families as possible and to facilitate homeownership via the rental program. Mr. Oyal reviewed the plan. The townhome portion had 56 units with green space and parking. Some of the services that would be offered were a tenant program, credit counseling, health care on site, tenant activities, computer labs, literacy and job training. The project would be financed via a first mortgage amount of $2,280,000, tax credits in the amount of $18,474,000 and deferred developers fee of $82,000. The construction costs were anticipated to be $1,972,000 for the land and with $13,020,000 for hard costs and $5,844,000 in soft costs. There would be 56 townhome units in total. There would be 28 each of two and three bedroom units. The sales price for a two bedroom would be $195K and the three bedroom would be $225K. The net profit from town homes would be 1,346,820. Mr. Dyal spoke about Community Housing Workforce Innovation Pilot Program (CWHIP). The application cycle opens in January and funding awards were announced in March. If they applied to CWHIP and were funded they could get moving with home, ownership quickly. They could also layer that funding with use and SHIP. If CWHIP was not available they would look to use HOME, SHOP and SHIP. If funded, construction could start in 2009 with residents inhabiting the dwellings at the end of 2009, at best case scenario for the rentals. The town homes, with CWHIP subsidies, could be constructed within the year 2009. Mr. McCray inquired how much funding could be sought. Mr. Oyal explained they could apply for everything, and do so all at once. Additionally, this was a family development that could also accommodate seniors. The units were not designed the same way as a senior development, but the units would be handicapped accessible. The club house' would have a pool, clubhouse and tot lot, fitness center, computer lab, usually leasing office also. 10 Meeting Minutes Community Redevelopment Agency Boynton Beach, FL October 9.2007 American Realty Development has been a corporate entity for 2.5 years and they succeeded Windover Housing Developer, who had been in business for over 20 years. Chair Taylor inquired if the CWHIP funds were not awarded, whether they had the financial capability to complete the project. Mr. Dyal responded there were other financing vehicles, but they needed assistance to make it affordable to residents and had to have the tax credit financing. They had a backup plan and, if unsuccessful on the rental side, they were still fine on the home ownership side. Additionally, they could alter the plan if needed to accommodate more rental or home ownership. Also, in the RFP, their Intention on the rental side was to develOp and lease the development to full occupancy, and then turn ownership over to the CDC and convey it as an asset as sole general partner. They would the withdraw. Mr. Dyal explained doing so helped them with capacity building and would allow local community development corporations to develop their own properties for capacity on the non profit side. They would negotiate a Memorandum of Understanding and they would receive equity for participating. Some subsidies could be added. Their major role would be on the home ownership side and for every unit they sold, they would be compensated. He has not seen the MOU, but the basic concept was very fair. Lloyd Boggio, CEO of Carlisle Development Group, announced their proposal was different from the other proposals. He explained their proposal was an all rental development with 148 units consisting of 116 two bedroom two bath and 32 three bedroom two bath units. The financing was the same as that used by American Realty Group and they would use the Low Income Housing Tax Credit, (UHTC). . They would not be doing any home ownership. He announced he was a general partner of over 12K units in Florida, with 3K presently under construction. They were proud of their ability to access that financing. They would have no interest in the development if they could not get tax credit funding. He explained affordable housing cannot be built with conventional housing and that UHTC is used throughout the country. They were the first tax credit development in the nation to provide housing for youth exiting the foster care system. Mr. Boggio related they were the first developer to create multi-development partnership with nationally recognized charitable organizations such as Camillus House and YMCA. They were the first for profit developer of supportive services housing. They were the first for-profit tax credit developer to successfully develop In the Florida Keys. They were the only for-profit developer to build for the homeless and the first for tax credits in the Florida Keys for the last fifteen years. They were working in 23 counties 11 Meeting Minutes Community Redevelopment Agency Boynton Beach, FL October 9.2007 in much of the State and were constructing three story wood frame houses and high rises in Broward. The Ocean Breeze site plan did not have on street parking. The units would be two stories in the front and three stories In the back. They constructed 71 of these developments starting in 1994. There would be a clubhouse, exercise and computer rooms, a large playground and play and recreation areas. They would provide services and make the units become equity residential properties. The proposal was only rental units on both sides. Mr. Weiland inquired about the timeframe was for funding. The applications would be submitted in February and they would be notified in July if awarded and receive official notice in September. They would break ground in the first quarter of 2009 and begin leasing in late summer of 2009. Mr. McKoy noted the company scored low in adherence to the HOB plan. Mr. Boggio who unable to account for the score. The developer would manage the property with an on-site office. The firm has 154 employees in their management firm. He explained the units were conventionally financed. He personally signs the guarantee on the mortgage to the state, and personal guarantees to those investing in the tax credits, agreeing to stay affordable for the life of the agreement (50 years). They would manage up until the point a non profit partner would take it over. Right now the tax credits and obligations ran longer than 15 years. Mr. Weiland was concerned with the project being all rental. He explained the City had public housing operated by the government. Mr. Boggio explained this project was privately owned and operated via a program created in 1986 to enlist private developers to build affordable housing. The tax credits were then created and would go to the developer who would build it, and own and operate it. He explained if they charge the rents mandated and kept it affordable for the term, they would get the tax credit. (Mr. McCray left the dais at 8:230 p.m.) There was discussion on the HOB Plan wanting rental on one side and home ownership on the other. Whether to disqualify the developer because they were not offering home ownership was also discussed. Mr. Boggio explained the difference between building different types of affordable housing. One ongoing project that closely resembled this area. was the Tall Man Pines project in Delray Beach. There was a single- family aspect to the project with a non-profit partner handling that portion. The property was situated on an 11 acre parcel with 200 rental units and 42 single-family 12 Meeting Minutes Community Redevelopment Agency Boynton Beach, FL October 9.2007 units. That project was currently under construction and would begin leasing early next year. Of the 42 homes, four were affordable and 38 were market-rate units. There were no other questions. (Mr. McCray returned to the dais at 8:23 p.m.) II. Recommendation by Selection Committee III. Board Selection Mr. Weiland noted that when it was agreed to go out for proposals, it was thought there would be three responses. He thought they should move fo/Ward and make a decision. He indicated he would love to see 100% home ownership and recognized many apartments were going condo conversion. There was a lack of affordable rentals. The second presenter did not adhere to the HOB Plan. He explained home ownership must be in the proposal for people to invest in the community and have a vested interest. Mr. McCray commented the proposals did not call for all rental units and he was not In favor of having another Boynton Terrace. He thought the first proposer did due diligence. Attorney Doody, advised there was a legal distinction between single-family ownership and home ownership. He asked for clarification on what was being offered. American Realty explained the home ownership portion were townhomes and were attached. They were not single-family detached homes. Chair Taylor did not feel all rental units were appropriate and requested American Realty explain about the services they would provide. (Vice Chair Rodriguez left the dais at 8:29 p.m.) Mr. Dyal responded when a non-profit group is engaged, they provide job training, similar to the welfare to work programs and others that would be of benefit to the residents. When application for the tax credits is made, a list of services is provided to them to select from. American Realty explained they do not manage the property. The homeownership would be turned over to a community land trust and homeowners association to manage. (Mr. McKoy left the dais and Vice Chair Rodriguez returned to the dais at 8:31 p.m.) 13 Meeting Minutes Community Redevelopment Agency Boynton Beach, FL October 9. 2007 Representatives from the R.M. Lee CDC/ the Neighborhood Renaissance and the Boynton Beach Faith Based CDC were present. Mr. Weiland had questions regarding the homeowner not owning the land and how a problem under the foundation would be handled The homeowner and whatever contractor guarantees they had on the home would ultimately be responsible. A community land trust would be a vehicle that enters into a 99 year ground lease. The non-profit owns the land and the homeowner would have the use of the land. (Mr. McKoy returned to the dais at 8:33 p.m.) The land trust owns the land and the homeowner owns the home and has the right to the land. There is a minimal nominal fee paid to the land trust. With affordable housing/ there is a unique mechanism there. There is a fiduciary relationship with the homeowner. Non-profits have a zero foreclosure rate. The land trust helps them to provide continuous contact with the homeowner. There are benefits to having a community land trust which provides additional support and training to make successful homeowners. With a co-op you own a share, and everything owned in common. A land trust model is straight forward. National studies by the Lincoln Land Institute showed land trusts were very successful with resale of units because they maintain their resale values. The Burlington Land Trust has hundred of units, that over time resold and they graduate first time home buyers to marketrate homes and it keeps the housing ladder moving. There would be two transactions which could occur simultaneously when purchasing a unit associated with a land trust. (Mr. Weiland left the dais at 8:37 p.m.) They have 14 brand new homes in West Palm Beach that were involved with a land trust. They have had no trouble with conventional lenders, and worked with Wachovia/ Washington Mutual, Bank Atlantic/ Harris Bank and others. Fannie Mae also accepts the program as a product and the units are not difficult for resale. Vice Chair Rodriguez asked what happened when it was near the end of the 99 year lease and whether the ground lease had to be renewed. The owner did not have to renew the lease. The mission of a non-profit was defined by the IRS and in the corporate papers. The 99-year lease was a legal issue. Neighborhood Renaissance indicated they would be happy to work with staff to make a formal presentation and be able to answer more thoroughly any questions they may have. 14 Meeting Minutes Community Redevelopment Agency Boynton Beach, FL October 9. 2007 There was discussion the land trust would have to be back to the board as a negotiating tool. (Mr. Weiland returned at 8:42 p.m.) Motion Mr. McCray moved to award the project to American Realty Development. Mr. Weiland seconded the motion that passed unanimously. B. Consideration of Amendments to Residential Improvement Grant Program Chair Taylor recalled the board had brought up amendments recommended to be expanded to the entire CRA District. Ms Brooks highlighted some of the amendments were to require all applicants to provide a Statement of Net Worth Form, Statement of Insurance and other miscellaneous changes as contained in the staff report. Mr. Weiland indicated there had been a previous grant award pertaining to a landlord that was removed; the discussion had been they would give the award if a statement of net worth to determine whether the applicant/landlord truly needed the assistance was submitted. Otherwise they would review the requests on a case by case. Motion Mr. McCray moved to approve. Mr. Weiland seconded the motion that unanimously passed. . C. Consideration to Change Board Travel Policy Chair Taylor reviewed the item and discussion followed whether the board should approve travel for the individual members. Mr. McKoy felt it should be left up to each member to decide if it was a conference or event that would enhance their knowledge. Mr. Weiland expressed some members were term limited but thought taking a trip one month before the end of term was not beneficial. Chair Taylor clarified the arrangements had been made and at the last minute something came up. The member was asked to fill in since the conference fees had been paid. Mr. Weiland was not discussing individuals, only situations as to whether that should be permissible. 15 Meeting Minutes Community Redevelopment Agency Boynton Beach, FL October 9. 2007 Mr. McKoy responded the Chair explained the money had already been spent and he volunteered his time. He was offended. Vice Chair Rodriguez asked what was the purpose of the item. Chair Taylor explained the issue was whether any travel should come before the board for approval in total. To keep things clean and above board, the board would consider whether to approve travel, to approve the expense or if each member should approve their own travel. Ms. Bright outlined the procedures in 2005. The board collectively made a decision on those types of issues. They know what industry conferences are beneficial ahead of time. The conference travel request form and the Chair and Vice Chair approve anyone's travel including their own, but it usually is put on the agenda under consent agenda. If they don't want to use the budget as the guiding document, staff needs to know that to bring it back under consent. Motion Vice Chair Rodriguez moved to approve the revised travel policy so that it comes before the board. Weiland seconded the motion that unanimously passed. Motion Mr. McKoy moved to approve the Chairs travel. Mr. McCray seconded the motion that unanimously passed. X. Comments by Staff Ms. Bright referenced the downtown master plan, and advised they were currently following the 2006 parking plan which would provide for over 2K spaces. Mr. McCray explained he was approached and the item needed to be discussed. Attorney Doody advised he met with Auburn Group on a draft development agreement on the MLK corridor and they indicated a draft would be available in 10 days. In about two weeks they could negotiate in earnest with them. XI. Comments by Executive Director Mr. McCray announced he was term limited and thanked all for serving them and the board. 16 Meeting Minutes Community Redevelopment Agency Boynton Beach, FL October 9. 2007 Vice Chair Rodriguez acknowledged Messrs. McCray and McKoy and thanked them for taking responsibility and for their diligence. Chair Taylor encouraged the CRA to use Boynton Beach businesses whenever possible. Mr. McKoy indicated he enjoyed working with staff, Mr. McCray and the board. XII. Comments by CRA Board Attorney None. XIII. Comments by CRA Board None. XIV. Adjournment There being no further business before the board, there was consensus to adjourn at 8:58 p.m. (l . Qk,VLij - '~lLfwJvW1L\ Catherine Cherfy-Guberman Recording Secretary 101007 17 v. CONSENT AGENDA: K. Review of Florida Redevelopment Conference Case Study for the Boynton Beach CRA Innovatively Addressing Affordable Housing Needs (Info. Only) RA...........................,........... ... \ . ,..,' ;'l,: East Side-West Side-Seas'lde Renaissance , AGENDA ITEM STAFF REPORT eRA BOARD MEETING OF: NovemberI4,2007 x I Consent Agenda I Old Business New Business Public Hearing Other SUBJECT: Innovative Affordable Housing Solutions SUMMARY: At the Florida Redevelopment Association 2007 Conference held in October, the Boynton Beach Community Redevelopment Agency was recognized for its 2005 Bond Issuance addressing the affordable housing crisis. Attached is the power point presentation that was presented and utilized as a discussion point during sessions. The Florida Redevelopment Association will be posting this power point on the web site to serve as a model for other CRA's to copy. FISCAL IMPACT: None RECOMMENDATIONS: Info. Only ~. 0- right Executive Director T:\AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS\Completed Agenda Item Request Forms by Meeting\FY 2007 _ 2008 Board Meetings\07 1114 Cf'A Board Meeting - November\FRA 2005 CRA Bond ppt.doc BO\ IIloll Beath ('I{ \ ''', ' . Mission Statement · Serves community by guiding redevelopment activities that create vibrant downtown core and revitalized neighborhoods within District . Created in 1982 . Boundaries · 1,650 acres along the eastern edge of the City of Boynton Beach · Major north/south road is Federal HighwaylU.S. I. · East/west connectors are Gateway Blvd., Boynton Beach Blvd., Woolbright Road, and Gulfstream Blvd ( Bo~ n'on Beach ( I~ \ '''" ',' , ' + City of Boynton Beach received Urban Infill and Redevelopment Grant from State of Florida to prepare Neighborhood Master Plan for what is now referred to as "the Heart of Boynton" + Almost completely residential + According to 2000 Census of Population, study area contained 3,193 permanent residents as of April 2000 · Predominately African American and Caribbean composition . Area losing population lIea~'1 of Bo~ n'on Inilia.i, (' "'" ' · Affordable housing major issue within Heart of Boynton · Redevelopment program necessitates relocation within three assemblage areas · Prudent to develop affordable housing in community prior to relocation · Those who face relocation can elect to stay in community · CRA proposed several initiatives to · Ensure that Heart of Boynton be redeveloped in near future · Reduce displacement of current residents by creating opportunities for workforce housing · Encourage growth oflocally owned businesses . I, Ill'al". ofBo~l1tol1lnilia.i,l' ",;, ~.":" · Feasibility Analysis recommended following actions to redevelop Heart of Boynton: . Create successful catalyst projects to encourage further private sector investment . Use incentives such as financial, density, etc. to spur investment . Tie incentives to CRA goals of quality design and affordability . Provide subsidies to achieve realistic market pricing of $265,000 - $280,000 . Heart of Boynton Work Plan was adopted August, 2006 , . IIOB \\ or!, Plan Id\l ", · Work Plan provides $8.5 million budget for affordable housing: · Provide gap funding to developer of Ocean Breeze to make 100% of project affordable $1,200,000 · Acquire property on behalf of Boynton Beach Faith-Based CDC to develop 100% affordable townhome project (approximately 25 units) with sales prices approx. $250,000 $ 500,000 · Acquire property adjacent to Phase I of Ocean Breeze and sell to developer at discount to create a whole block of development $ 500,000 . Homebuyers Assistance Program $3,000,000 , \,1 HOB " ()rl~ Plan ,,~\: ',,' 'j · Residential Improvement Program - Limit to Heart of Boynton Neighborhood, up to $20,000 wi no match required except for rentals $ 400,000 · Contract with CDC to Administer Residential Improvement Program $ 25,000 . Cherry Hill purchases - 7 properties $1,000,000 · Community Improvement Grant - Youth program to assist with maintenance of community. Youth receive stipend $ 25,000 · Urban Housing Infill Program-Single-family infill west of Sea crest $1.800.000 $8,450,000 TOTAL , , Ileat"1 of Bo, tllon Iniliati, (' ',~\ '.,"; · Bonds issued in 2005 to fund affordable housing portion of plan · $3,000,000 Tax Increment Revenue Bonds, Series 2005A _ tax-exempt portion to finance land acquisition for public roadways · $8,275,000 Tax Increment Revenue Bonds Taxable Series 2005B _ taxable portion for HOB affordable housing Work Plan · Taxable financing for Work Plan required under federal tax law as funds envisioned to be used to: · Acquire property to be redeveloped by commercial developers · Develop an affordable "workforce" housing program , l.r I 1I<.'al"' ofBo~lIt(HJ IlIi.iati\t.' I III :, "I' · Bonds issued with tax increment revenues as primary security and a backup guarantee from City of Boynton Beach . Projects very important to City · City's bonding capacity only affected if tax increment revenues insufficient to pay debt service I" Ilca!"t of Bo~ 11'011 IlIit iat j, t.' 1<1" ~ ': ' · At time, tax increment revenues were $3.9 million annually · CRA had bank loan outstanding with annual debt service of approximately $305,000 through 2016 · CRA issued $18.6 million in bonds in 2004 for the public improvements related to the HOB plan with 20-year debt service that "wrapped around" the existing bank loan · New Series 2005 Bonds structured to wrap around existing debt servIce · Provided overall level debt service at $2.5 million annually through 2026 10 I' . l 'I' lIea'"t of BO\ IIton IlIitiatiH' ,;".', I . Approximately 1.56x debt service coverage . Additional bonds test at 1.50x · Debt service reserve fund equivalent to one year's debt service payment ($2.5 million) . Funded with bond proceeds 11 , , lIeart of BO\ltloll InitiatiH' "',,. ",' · Strong eRA financials, solid legal provisions and backup City guarantee enabled CRA to purchase bond insurance . Provided AAA-rating · Achieved underlying rating of A2 from Moody's and A from S&P · Tax-exempt Series A: approximately 4.60% for 19 and 20 year maturities · Taxable Series B: 5.10% on 10 year maturity, 5.65% on 20 year maturity 12 . I' IIOB "orl\. Plall Ii"l :,,' I ' . Since August 2006, CRA has: . Committed $707,000 to Homebuyers Assistance Program, assisting 16 homebuyers . Committed $180,000 to the Residential Improvement Program . Purchased an 8.2 acre property for $7.1M that was RFP'd and awarded for a 100% affordable ownership/rental development . 99% funded from Series 2005 taxable bond proceeds 13 lI:.~ - --:::J BOYNTON BEACH CRA "lilR' ""Ill TROLLEY . .. 1.1' Boynton Beach Trolley "New Southern Route" Presentation Molly Stahlman, Molly's Trolleys Nov 14th, 2007 L..:=:...:....__=:.::::::;;~;::;::;:.=:... BOVNTON BEACH CRA TROLLEY ~-~~.... Map of Current Cross town Trollev Route <--~ \,. - BOYNTON BEACH eRA 1k. NW Comrneru Par\< Dr TROLLEY- Publi. ...ij, {Tri.tloll! .. ~:;m.... . "",.., ,.,. Z W' at l \< _J [~/ E0 ( SE 2nd A..,.J C:~ '''1 flo,. I o ~ Efh,c"... N.....mb... 20~7 '. D . ... R~~ eRA , EXPANDED ROUTE & HOURS ......_______ l r""-='" I 1 Current Route- Trolley Stops ~ DESCRIPTION LIVE/ WORK 1 Marina (Ocean & A1A) Live & Ent_Inment 2 BB at Federal Connectlon- Palm Tran 3 BB at Seacrest Live 4 Sea crest &7th Live 5 Deliverance Church Live 6 MLK Live 7 4th& 15th Live 8 BB Apts Live 9 4th&Gateway Live 10 Viilage on the Green Live 11 TRI RAIL Connection- Tri Rail 12 Publix at Quantum Village Wort< & Food Shop 13 Hampton Inn Hotel 14 Congress/Gateway Connectlon- Palm Tran 15 Marshails at Catalina Ctr Work & Shop 16 Boynton Beach MALL Work & Shop & Entertainment 17 Walmar! Wort< & Shop 18 Congress @ Oid Boynton Work & Shop & Connection 3 , _. ...'.....-........-..--j ~~ TROLLEY Cross Town Route: Q kUdt Y""~"-'''''' ,.' UIC 'Pl ae Monthly Riders Per Rider #s- % Cost Per Riders Hour Change Rider Previous 6 month Average 6,603 11.40 1.94% $6.28 May-07 8,107 12.1 24% $5.52 Jun-07 7,681 13.02 -5% $5.56 Jul-07 7,241 11.99 -6% $5.90 Aug-07 8,129 12.99 12% $5.50 Sap-07 8,900 14.22 9% $4.75 Oct-07 9,743 15.56 9% $4.59 6 month Avg: 8,300 13.31 7.37% $5.30 As of November 5th, 2007, We added Wal-mart and Super Target. 4 2 .-._....._-_.~ Description of the BOYNTON BEACH CRA TROLLEY "New Southern '--,., ,., Route" · Change from Current Semi circle to a FULL circle- by adding the South part of Boynton Beach to Route · Two trolleys traveling Clockwise and Two Trolleys traveling Counterclockwise · 29 total stops: 17 "north" PLUS 12 "south" stops · Trolley every 37 minutes heading your desired location/ direction. · Communities Added Include: - Bethesda Memorial Hospital - Leisureville, Colonial Court & Sterling Village - All Communities in between! 5 it '~---. "-~-'::=::1 BOYNTON BEACH CRA ProDosed- "New Southern Route" TROLLEY -,. ,., .'.'- Connecting Where People Live To Where People Work and Shop _Two Trolleys will run CLOCKWISE and 2 Trolleys \NiII run Counterclockwise- Headways of 35 minutes. II] 6 3 .:---. -"-a----::::) BOYNTON BEACH CRA TROLLEY cc._....,--. ,. ""c. New Southern Rotite Benefits of the "New Southern Route" · Riders can choose to go either direction · You can get to all points in 20-30 minutes! · Connects "southern communities" with service to Tri Rail, the Mall, Publix and the Marina, further reducing traffic on the road · Adds Service to Bethesda Hospital- to volunteer or for appointments. · Increases sense of community 7 New Southern Route "Proposed" Stops ~ DESCRIPTION L1VEI WORK 19 Publix Wort< & Shop 20 Leisureville-1 Live 21 Leisureville-2 Live 22 Leisureville-3 Live 23 18th st@SW22ndAve Live 24 23rd Ave @ SW 22nd Ave Live 25 Bethesda Memorial Hospital Wort< & Appointments 26 Gulfstream & Seaerest Live 27 Colonial Court (Federal) Live 28 Publix (@SW 15th Ave) Wort< & Food Shop 29 Sterling Village (Federal) Live Marina (Ocean & A1A) Live & Entertaimnent 8 4 1.-..-....-........--.-" BOYNTON BEACH CRA _.~--,..-.,..._.. "-,...-.,". "---..p. ,,~. TROLLEY ". .'''' Laraest Employers in Boynton Beach (source Info USA & Greater BB Chamber of Commerce - 2007): Employer · Bethesda Memorial Hospital · City of Boynton Beach · Publix Supermarket · Wal-mart · Manor Care Health Services Employees 2,000 1,000 827 600 350 Rank 1 2 3 4 5 Communities and Units · Colonial Club- Est at 600 units · Sterling Village- 840 units · Leisureville- 892 Houses 9 c=----==-::- ---, --..11__ .==>> BOYN'T~ ~~~CH E...!'-~ TROLLEY - ~,- ..-....,..<<-...- Trolley Benefit Summary From the Auaust 07 Rider Survey: · Transports residents to work (33%) · Encourages senior's independence (10%) · Provides mobility for teenagers to access jobs & educational opportunities (30%) · Connects residents wI Tri Rail (regional transit) (10%) · Connects residents wI shopping & grocery (50%) · Expands opportunities for individuals dependent on public transportation · Supports land use revitalization initiatives · Alternative to automobile travel 10 5 v. CONSENT AGENDA: L. Approval of Work Order #2 in the Amount of $11,670 to Burkhardt Construction, Inc. to Remove Efflorescence and Seal Pavers at Boynton Beach Blvd. Extension and the Promenade \1 ,""~\!t;::'.,.;;;. F~....;,'.,.~'""" ~~~~Y~T2~CRA iIIi East Side-West Side-Seaside Renaissance , AGENDA ITEM STAFF REPORT eRA BOARD MEETING OF: November 14,2007 x I Consent Agenda I Old Business I I New Business Public Hearing Other SUBJECT: Approval of Burkhardt Construction, Inc. Work Order No.2 in the amount of $11 ,670 to Remove Efflorescence and Seal Pavers at Boynton Beach Blvd. Extension and the Promenade SUMMARY: The Boynton Beach Blvd. Extension and the Promenade were completed in 2005. Due to the high salt content of the ground and air, sections of the pavered area have developed efflorescence staining which is a powdery crust owing to the deposition of soluble salts. If allowed to continue, the efflorescence will permanently stain and damage the pavers. Simply replacing the affected pavers will not resolve the problem. The pavers must be cleaned and sealed to protect against the effects of salt. CRA staff requested, under Burkhardt's Continuing Contract, that Burkhardt prepare an estimate to clean and seal the affected paver areas. Burkhardt's estimate and Work Order No.2 are attached for reVIew. FISCAL IMPACT: $11,670 to come from budget line item 51620-208 RECOMMENDATIONS: Approve Work Order No. 2 in the amount of$11,670 with Burkhardt Construction, Inc. to remove efflorescence and seal pavers located at the Boynton Beach Blvd. Extension and Promenade. cjjw~ VivIan L. Brooks . Assistant Director T:\AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS\Completed Agenda Item Request Forms by Meeting\FY 2007 - 2008 Board Meetings\07 11 14 CRA Board Meeting - November\Burkhardt WO #2.doc CONTINUING CONTRACT WORK AUTHORIZATION NO.2 From: Burkhardt Construction, Inc. 1400 Alabama Ave. #20 West Palm Beach, FI. 33401 AU: Dennis E. Haynes Tel: (561) 659-1400 Fax: (561) 659-1402 To: Boynton Beach Community Redevelopment Agency 915 South Federal Highway Boynton Beacli, FI. 33435 Att: Vivian L. Brooks, Assistant Director Tel: 737-3256 Fax: 737-3258 Project: Paver Efflorescence Removal And Sealing Boynton Beach Blvd. Extension And Promenade Plans: None Item Description Quantity Unit Price Amount General Conditions/Mobilization Move-in, Move-out Supervision Layout Testing Insurance Overhead $400.00 1LS 1LS 1LS 1LS 1LS Maintenance of Traffic Maintenance Of Traffic 1 LS $500.00 $500.00 $500.00 Paver Efflorescence Removal Labor/Equipment & Material 14360 SF To Acid Treat And Remove Efflorescence From Existing Pavers $0.40 $5,744.00 $5,744.00 Paver Sealing Labor/Equipment & Material 14350 SF To Apply 2-Coat Sealer Treatment To Existing Pavers $5,026.00 $5,026.00 $0.35 Total $11,670.00 i~ ~'.< hi I' , '..- tf:?l ~~' '\ l EXHIBIT F WORK AUTHORIZATION ('jT T ~1 ! <'il',;" , ...... - ~' ~ (.ut~/ f~OYrnolJ, BFA"lCH r: 1..;1,1 <:t.',_ <~ ~, ........., r;., _ _ WORK AUTHORIZATION NO.2 CONTRACT NO. / TO: BURKHARDT CONSTRUCTION, INC. 1400 ALABAMA AVE., SUITE #20 WEST PALM BEACH, FL 33401 DATE: 10/8/2007 Boynton Bch. Blvd. Extension, Paver PROJECT NAME: Cleaning/Sealing PROJECT NO. Under our AGREEMENT dated 15-Jun-07 ************************************************************************************************** You hereby are authorized and directed to make the following change(s) in accordance with terms and conditions of the AGREEMENT: For the Additive Sum of: Eleven-Thousand, Six-Hundred, Seventy And No/100 Dollars Original Agreement Amount $0 Sum of Previous Work Authorizations $24,800.00 $11,670.00 $36,470.00 This Work Authorization (Add) Present Agreement Amount The time for completion shall be (increased) by zero calendar days due to this Work Authorization. Accordingly, the Owner shall issue a Notice To Proceed after the Contractor has secured all of the permits required for this work. Your acceptance of this Work Authorization shall constitute a modification to our Agreement and will be performed subject to all the same. ~erms and conditions in our Agreement indicated above, as fully as if the same were repeated in this acceptance. The adjustment, if any, to this Agreement shall constitute a full and final settlement of \ any and all claims arising out of or related to the change set forth herein, including claims for impact and delay costs. By: Accepted' By: Owner CONTINUING CONTRACT WORK AUTHORIZATION NO.2 From: Burkhardt Construction, Inc. 1400 Alabama Ave. #20 West Palm Beach, FI. 33401 AU: Dennis E. Haynes Tel: (561) 659-1400 Fax: (561) 659-1402 To: Boynton Beach Community Redevelopment Agency 915 South Federal Highway Boynton Beach, FI. 33435 AU: Vivian L. Brooks, Assistant Director Tel: 737-3256 Fax: 737-3258 Project: Paver Efflorescence Removal And Sealing Boynton Beach Blvd. Extension And Promenade Plans: None Item Description Quantity Unit Price Amount General Conditions/Mobilization Move-in, Move-out Supervision layout Testing Insurance Overhead $400.00 1LS 1LS 1LS 1LS 1LS Maintenance of Traffic Maintenance Of Traffic 1 LS $500.00 $500.00 $500.00 Paver Efflorescence Removal labor/Equipment & Material 14360 SF To Acid Treat And Remove Efflorescence From Existing Pavers $0.40 $5,744.00 $5,744.00 Paver Sealing labor/Equipment & Material 14350 SF To Apply 2-Coat Sealer Treatment To Existing Pavers $5,026.00 $5,026.00 $0.35 Total $11,670.00 if the same were repeated in this acceptance. The adjustment, if any, to this Agreement shall constitute a full and final settlement of / any and all claims arising out of or related to the change set forth herein, including claims for impact and delay costs. By: Accepted' By: Owner EXHIBIT F WORK AUTHORIZATION WORK AUTHORIZATION NO.2 CONTRACT NO. , . TO: BURKHARDT CONSTRUCTION, INC. 1400 ALABAMA AVE., SUITE #20 WEST PALM BEACH, FL 33401 DATE: 10/8/2007 Boynton Bch. Blvd. Extension, Paver PROJECT NAME: Cleaning/Sealing PROJECT NO. Under our AGREEMENT dated 15-Jun-07 ************************************************************************************************** You hereby are authorized and directed to make the following change(s) in accordance with terms and conditions of the AGREEMENT: For the Additive Sum of: Eleven-Thousand, Six-Hundred, Seventy And No/100 Dollars Original Agreement Amount $0 $24,800.00 $11,670.00 $36,470.00 Sum of Previous Work Authorizations This Work Authorization (Add) Present Agreement Amount The time for completion shall be (increased) by zero calendar days due to this Work Authorization. Accordingly, the Owner shall issue a Notice To Proceed after the Contractor has secured all of the permits required for this work. Your acceptance of this Work Authorization shall constitute a modification to our Agreement and will be performed subject to all the same.t.erms and conditions in our Agreement indicated above, as fully as if the same were repeated in this acceptance. The adjustment, if any, to this Agreement shall constitute a full and final settlement of any and all claims arising out of or related to the change set forth herein, including claims for impact and delay costs. Accepted: By: By: Owner CONTINUING CONTRACT WORK AUTHORIZATION NO.2 From: Burkhardt Construction, Inc. 1400 Alabama Ave. #20 West Palm Beach, FI. 33401 Att: Dennis E. Haynes Tel: (561) 659-1400 Fax: (561) 659-1402 To: Boynton Beach Community Redevelopment Agency 915 South Federal Highway Boynton Beach, FI. 33435 Att: Vivian l. Brooks, Assistant Director Tel: 737-3256 Fax: 737-3258 Project: Paver Efflorescence Removal And Sealing Boynton Beach Blvd. Extension And Promenade Plans: None Item Description Quantity Unit Price Amount General Conditions/Mobilization Move-in, Move-out Supervision Layout Testing Insurance Overhead lLS lLS 1LS lLS 1LS $.400.00 Maintenance of Traffic Maintenance Of Traffic 1 LS $500.00 $500.00 $500.00 Paver Efflorescence Removal Labor/Equipment & Material 14360 SF To Acid Treat And Remove Efflorescence From Existing Pavers $0.40 $5,744.00 $5,744.00 Paver Sealing Labor/Equipment & Material 14350 SF To Apply 2-Coat Sealer Treatment To Existing Pavers $5,026.00 $5,026.00 $0.35 Total $11,670.00 EXHIBIT F WORK AUTHORIZATION WORK AUTHORIZATION NO.2 CONTRACT NO. .' TO: BURKHARDT CONSTRUCTION, INC. 1400 ALABAMA AVE., SUITE #20 WEST PALM BEACH, FL 33401 DATE: 10/8/2007 Boynton Bch. Blvd. Extension, Paver PROJECT NAME: Cleaning/Sealing PROJECT NO. Under our AGREEMENT dated 15-Jun-07 ************************************************************************************************** You hereby are authorized and directed to make the following change(s) in accordance with terms and conditions of the AGREEMENT: For the Additive Sum of: Eleven-Thousand, Six-Hundred, Seventy And No/100 Dollars Original Agreement Amount $0 $24,800.00 Sum of Previous Work Authorizations This Work Authorization (Add) $11,670.00 Present Agreement Amount $36,470.00 The time for completion shall be (increased) by zero calendar days due to this Work Authorization. Accordingly, the Owner shall issue a Notice To Proceed after the Contractor has secured all of the permits required for this work. Your acceptance of this Work Authorization shall constitute a modification to our Agreement and will be performed subject to all the same.t.erms and conditions in our Agreement indicated above, as fully as if the same were repeated in this acceptance. The adjustment, if any, to this Agreement shall constitute a full and final settlement of .' any and all claims arising out of or related to the change set forth herein, including claims for impact and delay costs. By: By: Owner CONTINUING CONTRACT WORK AUTHORIZATION NO.2 From: Burkhardt Construction, Inc. 1400 Alabama Ave. #20 West Palm Beach, FI. 33401 Att: Dennis E. Haynes Tel: (561) 659-1400 Fax: (561) 659-1402 To: Boynton Beach Community Redevelopment Agency 915 South Federal Highway Boynton Beach, FI. 33435 Att: Vivian l. Brooks, Assistant Director Tel: 737-3256 Fax: 737-3258 Project: Paver Efflorescence Removal And Sealing Boynton Beach Blvd. Extension And Promenade Plans: None Item Description Quantity Unit Price Amount General Conditions/Mobilization Move-in, Move-out Supervision Layout Testing Insurance Overhead $400.00 ItS 1tS ItS 1tS ItS Maintenance of Traffic Maintenance Of Traffic 1 tS $500.00 $500.00 $500.00 Paver Efflorescence Removal Labor/Equipment & Material 14360 SF To Acid Treat And Remove Efflorescence From Existing Pavers $0.40 $5,744.00 $5,744.00 Paver Sealing Labor/Equipment & Material 14350 SF To Apply 2-Coat Sealer Treatment To Existing Pavers $5,026.00 $5,026.00 $0.35 Total $11,670.00 ;' v. CONSENT AGENDA: M. Approval of Work Order # 001.0 from Hedrick Brothers Construction in the Amount not to Exceed $140,000 to Complete the Housing Rehabilitation of Seven Homes Approved Under the Residential Improvement Grant Program ~~~~Y~T2~ eRA iIi East Side-West Side-Seaside Renaissance AGENDA ITEM STAFF REPORT eRA BOARD MEETING OF: November14,2007 I x I Consent Agenda I Old Business New Business I Public Hearing Other I SUBJECT: Consideration of Work Order #001.0 under Continuing Contract with Hedrick Brothers Construction Inc. to perform all phases of construction and management for the Residential Improvement Program. SUMMARY: On June 28, 2007, the CRA Board entered into a continuing contract with Hedrick Brothers Construction Inc. Attached for your review is Work Order #001.0 under the Continuing Contract. The scope of this Work Order is to provide general contracting and construction management services for seven approved residences under the CRA's Residential Improvement Grant Program. The construction specifications have been prepared by REG Architects and include exterior renovation and repair for items such as new roofs, doors, windows, hurricane shutters and painting. The cost for each residence is not to exceed the grant amount of $20,000 per residence. FISCAL IMPACT: $140,000 to come from Bond II, 02-58300-474. RECOMMENDA TIONS: Approve execution of Work Order #001.0 with Hedrick Brothers Construction, Inc. in the amount not to exceed $140,000 under their Continuing Contract to provide General Contracting, Construction Management and Consulting Services for the Residential Improvement Program. ~~~~ Michael Simon Development Manager T:\AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS\Completed Agenda Item Request Forms by Meeting\FY 2007 - 2008 Board Meetings\07 11 14 CRA Board Meeting - November\Hedrick Brothers Work Order #1.doc . -- ... . . HEDRICK BROTHERS CONSTRUCTION o BRINGING VISIONS TO REALITY 000 . Date: 11/07/07 To: Mr. Michael Simon Development Manager Boynton Beach CRA 915 South Federal Highway Boynton Beach, FL 33435 Re: Boynton Beach Residential Improvement Program HB Job # 07-548-01 CRA Work Order # 001.0 Dear Mr. Simon, Hedrick Brothers Construction Company, Inc. presents the following proposal in response to a continuing contract with the Boynton Beach Community Redevelopment Agency (CRAI. It is understood that the scope of the work for each house will be defined by the Boynton Beach CRA, but will not exceed the Twenty Thousand Dollar ($20,000.00) grant approved by the CRA Board. The Renovation to take place under this proposal is limited to the following residences: 1) Aikens Residence, REG Project No. 07013-2.5 726 Northeast 1 st street, Boynton Beach, FL 33435 We herewith propose to furnish all labor, material, and equipment necessary for the construction and permitting at the address referenced above for a budget not to exceed Twenty Thousand Dollars ($20,000.00). This proposal is based on the Specification Package prepared by REG Architecture for this residence dated October 20,2007. o 2200 Centrepark West Drive, Suite 100, West Palm Beach. FL 33409 Main: 561-689-8880 Pax: 561.689-8860 www.hedrickbrothers.colU CGCOI 31 37 00000000 Page 1 ~ o ,....., 21 Darrisaw Residence, REG Project No. 07013-2.8 509 Northwest 11lh Avenue, Boynton Beach, FL 33435 We herewith propose to furnish all labor, material, and equipment necessary for the construction and permitting at the address referenced above for a budget not to exceed Twenty Thousand Dollars ($20,000.00). This proposal is based on the Specification Package prepared by REG Architecture for this residence dated October 20,2007. 3) Jerry Residence, REG Project No. 07013-2.6 423 Northwest 7th Avenue, Boynton Beach, FL 33435 We herewith propose to furnish all labor, material, and equipment necessary for the construction and permitting at the address referenced above for a budget not to exceed Twenty Thousand Dollars ($20,000.00). This proposal is based on the Specification Package prepared by REG Architecture for this residence dated october 20,2007. o ODD. . 4) Jones Residence, REG Project No. 07013-2.1 557 Northwest 12th Avenue, Boynton Beach, FL 33435 We herewith propose to furnish all labor, material, and equipment necessary for the construction and permitting at the address. referenced above for a budget not to exceed Twenty Thousand Dollars ($20,000.00). This proposal is based on the Specification Package prepared by REG Architecture for this residence dated October 20, 2007. 5) Mitchell Residence, REG Project No. 07013-2.2 416 Northwest 11 th Avenue, Boynton Beach, FL 33435 We herewith propose to furnish all labor, material, and equipment necessary for the construction and permitting at the address referenced above for a budget not to exceed Twenty Thousand Dollars ($20,000.00). This proposal is based on the Specification Package prepared by REG Architecture for this residence dated October 20, 2007. 6) Shaw Residence, REG Project No. 07013-2.7 117 Northwest 4th Avenue, Boynton Beach, FL 33435 We herewith propose to furnish all labor, material, and equipment necessary for the construction and permitting at the address referenced above for a budget not to exceed Twenty Thousand Dollars ($20,000.00). This proposal is based on the Specification Package prepared by REG Architecture for this residence dated October 13, 2007. 7} Sullivan Residence, REG Project No. 07013-2.3 201 Northeast 1 sl street, Boynton Beach, FL 33435 We herewith propose to furnish all labor, material, and equipment necessary for the construction and permitting at the address referenced above for a budget not to exceed Twenty Thousand Dollars ($20,000.00). This proposal is based on the Specification Package prepared by REG Architecture for this residence dated October 20,2007. 0 HEDRICK BROTHERS CONSTRUCTION 00000000 Page 2 ~ o r1 Our proposal is subject to certain exclusions and qualifications, which are attached for your reference. We look forward to being of service to you in the construction for this project. If we may be of further assistance, please let us know. Sincerely, r!ftv~ Project Manager HEDRICK BROTHERS CONSTRUCTION CO., INC. BY: Dale R. Hedrick Print Name TITLE: President DATE FL License Number CG-C013137 Signature ACCEPTED BY Boynton Beach Community Redevelopment Agency: BY: TITLE DATE Print Name Signature Enclosures o ODD. . o HEDRICK BROTHERS CONSTRUCTION DODOOOD[ Page 3 . o o .... Boynton Beach Residential Improvement Program Boynton Beach eRA 91 5 South Federal Highway Boynton Beach, FL 33435 o Doo. . November 7,2007 Qualifications/Exclusions 1) The Boynton Beach CRA is to be responsible for the following: a. Provide parking for construction vehicles. b. Provide land for the placement of lockable storage containers. 2) The project schedule will be based on performing all phases of the construction WITHOUT INTERRUPTION from existing residents or acts of God. Every effort will be made by the General Contractor to work with the community to achieve this goal. 3) Proposal does not cover any costs associated with correcting existing code deficient items that may arise after the ceilings, walls, and/or roofs have been removed. 4) Due to the volatility of the costs of construction materials, this proposal is only valid for 30 days from the above date. In order to secure this quote, a notice of acceptance or contract must be received within those 30 days. The pricing of the materials are subject to change without notice. o HEDRICK BROTHERS CONSTRUCTION DoODODO[ Page4 . . ~. ~ 8 . " v. CONSENT AGENDA: N. Approval of a Sidewalk Cafe Permit for Eye of the Storm Located at 531 E. Ocean Ave. ~~Y~T2~ C f~A East Side-West Side-Seas',de Rena',ssance AGENDA ITEM STAFF REPORT DATE: November 14, 2007 SUBJECT: Approval of a Sidewalk Cafe Permit for the Eye ofthe Storm I Consent Agenda I X I Old Business New Business Public Hearing Other SUMMARY: The City of Boynton Beach ordinance requires a permit to be issued for a business to operate a sidewalk cafe abutting any sidewalk or when the outdoor seating will use the public right-of- way. The code also limits the location of sidewalk cafes to the boundaries the Community Redevelopment Area which allow restaurants or nightclubs, subject to any limitations of the particular zoning district. Kim Kelly, owner of the Eye of the Storm Ice Cream Shop located at 531 E. Ocean Avenue, has submitted a Sidewalk Cafe permit application to the City of Boynton Beach's Department of Development Services. The application documents have been reviewed by Ed Breese, Principle Planner, as well as CRA staff for compliance under the ordinance. Because the sidewalk cafe application is within the CRA boundaries, the application requires the CRA Board to provide the Development Services Department with a recommendation of support prior to the application going before the City Commission for final approval and issuance. FISCAL IMPACT: None RECOMMENDA TIONS: Staff recommends supporting the sidewalk application permit submitted by the Eye of the Storm located at 531 E. Ocean Avenue. Lff~. Michael Simon, evelopment Manager T:\AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS\Completed Agenda Item Request Forms by Meeting\FY 2007 - 2008 Board Meetings\07 11 14 eRA Board Meeting - November\Sidewalk Cafe Permit-Eye of the Storm.doc Section 17. mIJIIII! cafe. A. DEFINITIONS. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except when the context clearly indicates a different meaning. Permittee shall mean the lawful holder of a" cafe permit obtained pursuant to the terms and provisions of this article. Right-aI-way shall mean land in which the state, the Florida Department of Transportation, Palm Beach County or the City of Boynton Beach owns or has an agreement devoted to or required for use as a transportation facility or street. - shall mean that portion of the right-of-way which is located between the curbline or the lateral line of a street and adjacent property line and which is intended for use by pedestrians. - cafe shall mean the placin~g, or permitting of the placing and locating of chairs and tables within the __ area adjacent to a business licensed to operate as a restaurant or a nightclub as defined in the Code. Street means that portion of a right-of-way improved, designed or ordinarily used for vehicular traffic or parking. B. PERMIT ~RED. It shall be unlawful for any person to operate a" cafe abutting any _ or publ~f-way within the city without obtaining a permit as required by this article. Imi1I\IIII cafes shall be located only wher~ible as prescribed herein. No person shall establish a _ cafe abutting any _ unless such person has obtained a valid permit for a _ cafe pursuant to this article. .hi (30) days from the effective date of this article, any person or entity operating a cafe without a permit or any property owner allowing the operation of a cafe without a permit upon his/her/its property shall be subject to penalties as provided in this article. C. GEOGRAPHIC LIMITATION. IIIIIIIII cafes shall be limited to the boundaries of Community Redevelopment Area zoning districts which allow restaurants or nightclubs, subject to any limitations or restrictions ofthe particular zoning district. D. PERMIT FEE. 1. The annual permit fee for establishing or maintaining a" cafe shall be $3.75 per seat with a minimum charge of$93.00. 2. The permit fee shall be paid on or before October I st and shall cover the time period from October 1st through September 30th of the following calendar year, provided, however, that for the 2001-2002 year; the fee shall be due and payable on or prior to operation and prorated for the year. No permit shall be issued for an~nal portion of the year; provided, however, that any person or entity operating a _ cafe for a period beginning after April 1 st, may obtain a permit for the remaining portion of the fiscal year upon payment of one-half of the permit fee required by this article. No refund of fees shall be allowed. 3. The permit fees collected pursuant to this section from'" cafes located in the City of Boynton Beach shall be placed in the general revenue fund. E. PERMIT APPLICATION. 1. Application for a permit to operate a ... cafe shall be made at the Department of Development Office of Business Tax Receipts. Such application shall include: a. Name, address and telephone number of the applicant. b. Name and address of restaurant/night club. c. A copy of a valid City of ~ Beach business tax receipt to operate a restaurant or a nightclub adjacent to the _ which is the subject of the application. d. In the case of a new or newly renovated facility, a ~ valid certificate of completion for the building frontage adjacent to the _ which is the subject of the application. article. e. Evidence of insurance containing terms required under section G. of this f. A drawing to scale showing the layout and dimensions of the existing ... area and adjacent private property, proposed location, size and number of tables, chairs, steps, trees, ~meters, bus shelters, ... benches, trash receptacles, and any other _ obstruction either existing or proposed within the pedestrian area. g. Photographs, drawings or manufacturer's brochures fully describing the ~ce of all proposed tables, chairs, umbrellas or other objects related to the _cafe. h. Written approval by the building owner as to the proposed use of the ... and building frontage for a'" cafe. 1. A nonrefundable application fee of forty dollars ($40.00). 2. Applications shall be reviewed for compliance with city ordinances and must be approved by the CRA Board. Final approval shall be from the City Commission. F. REQUIREMENTS OF A SlDEWAIX CAFE PERMIT. 1. 111IIIII cafes shall be restricted to the private'" frontage of the licensed restaurant or nightclub to which the permit is issued or within the private ... frontage of the building where the validly licensed restaurant or nightclub are located. 2. Tables or chairs shall be located a minimum of five (5) feet from a pedestrian crosswalk or handicap ramp, bus stop shelter, bus stop sign, taxi stand, stop sign or fire- hydrant. 3. A clear pathway, parallel with the street, with a minimum width of four (4) feet, shall be maintained for through pedestrian traffic. This requirement must be consistent with the Landscape Code. 4. In areas of congested pedestrian activity, the City Commission is authorized to require a wider pedestrian path, as circumstances dictate. 5. Temporary objects, including landscaping, shall be permitted around the perimeter of an area occupied by tables and chairs in accordance with all other requirements of this section. 6. Tables, chairs, umbrellas, canopies, awnings, and any other objects utilized as part of the'" cafe shall be of quality design, materials, size, elevation and workmanship both to ensure the safety and convenience of users, and to enhance the visual quality of the urban environment. Design, materials and colors shall be approved by the CRA Board and City Commission prior to the issuance of the'" cafe permit. 7. Awnings, umbrellas and other decorative material shall be fire-retardant, pressure treated or manufactured, or fire resistant material. Signs on awnings, umbrellas, chairs, tables and any other fixtures which are placed on the public right-of-way shall be limited to the name of the principal use. Lettering may not exceed four (4) inches in height. 8. All tables, chairs, umbrellas, canopies, awnings, and any other objects as part of the ... cafe shall meet the following minimum design standards: a. Contribute to the aesthetic appearance of the area where the'" cafe is proposed by promoting the design and color theme applicable to that area; b. Contribute to the efforts of community identity and redevelopment; c. Not constitute or create traffic or pedestrian hazards; and d. Respect Community standards relative to decency and obscenity. 9. Prior to forwarding the application to the CRA Board, the eRA Director or designee shall certify that there are no outstanding fines, moneys, fees, taxes or other charges owed to the City by the curre~ owners or operators of the property requesting a __ cafe permit. A IIUIIIUI cafe permit will not be issued until all outstanding debts to the city are paid in full. 10. One (1) menu board only shall be permitted and limited to a maximum of four (4) square feet. The menu board location shall be shown on the permit. The menu board shall not be a sandwich sign. 11. Any food service establishment that qualifies under the conditions of this article may redesign the face of their establishment to allow for doors or panels that permit the establishment to have totally open sides allowing for an indoor/outdoor "cafe" design. These changes in the building can only be made after a proper building permit is issued, said changes otherwise comply with this Code, and all appropriate fees paid. G. LIABILITY AND INSURANCE. 1. The permittee agrees to indemnify, defend, save and hold harmless the city, its officers and employees from any and all claims, liability, lawsuits, damages and causes of action which may arise out of this permit, or the permittee's activity on the premises by executing a written hold harmless agreement. 2. The permittee agrees to meet and maintain for the entire permit period, at hislher own expense, the following requirements: a. Commercial general liability insurance in the amount of one million dollars ($1,000,000.00) per occurrence for bodily injury and property damage. The city must be named as an additional insured on this policy, and an endorsement must be issued as part of the policy reflecting this requirement. b. Worker's compensation and employer's liability as required by the state. c. All policies must be issued by companies authorized to do business in the state and rated B+: VI or better per Best's Key Rating Guide, latest edition. d. The city must receive thirty (30) days written notice prior to any cancellation, nonrenewal or material change in the coverage provided. e. The permittee must include in the application an original certificate of insurance as evidence that the above requirements have been met. Failure to maintain these requirements shall justify a suspension or revocation of a _ cafe permit by the city manager. 3. The permit period shall run and insurance requirements as described in subsection b. above shall be effective from October 1 st until September 30th of the following calendar year. H. SIDEW ALK CAFE PERMITS. 1. Each permit shall be effective for one (1) year from October 1 st until September 30th, subject to annual renewal. 2. The permit may be temporarily suspended by the City, when necessary to clear 11IIIII areas for a "community or special event" authorized by a permit issued by the Leisure Services department. 3. The City may require the temporary removal oflllllll cafes when street, 11IIIII, or utility repairs necessitate such action. 4. The City and/or an authorized police officer of the City may cause the immediate removal or relocation of all or parts of the"" cafe in emergency situations. 5. The City and its officers and employees shall not be responsible for 11IIIII cafe components relocated during emergencies. 6. The permit shall be specifically limited to the area shown on the "exhibit" attached to and made a part of the permit. The City shall have the right to remove without notice, any tables, chairs or other objects not in the permit area. 7. The~e shall act to assure that its use of the ... in no way interferes with _ users or limits their free unobstructed passage. The City may require relocation of tables, chairs and other objects at any time for safety or pedestrian flow consideration. 8. The 11IIIII cafe shall be open for use by the general public, although such use may be restricted by the permittee to the patrons of the permittee. 9. Permittees holding a business tax receipt or certificate of use limited to take- out food shall not be permitted to provide table service on the _. This provision shall not include an ice cream shop or coffee bar which is duly licensed for eat-in service. 10. Tables, chairs, umbrellas, and any other objects permitted as part of a - cafe shall be maintained with a clean and attractive appearance and shall be in good repair at all times. 11. The" area covered by the permit and" ana roadway immediately adjacent to it shall be maintained in a neat and orderly appearance at all times, and the area shall be cleared of all debris as needed during the day, and again at the close of each business day. 12. No signs other than those permitted herein shall be permitted in the public right-of-way. 13. No tables, chairs or any other parts of_ cafes shall be attached, chained, or in any manner affixed to any tree, post, sign or other fixture, curb or _ within or near the permitted area. No additional outdoor seating authorized herein shall be used for calculating seating requirements pertaining to location of, applications for, or issuance of~ense for any establishment use area and/or seating capacity realized through the _ cafe use and contiguous outdoor dining shall not invoke provisions of the zoning code as they pertain to parking or other matters, with the exception of capital facilities fees which will be assessed per seating. 14. The area between the exterior walls of a restaurant or a nightclub and the edge of_ shall be designated as public space. The placement of tables and chairs in this public space shall not constitute a building improvement which otherwise triggers structural improvements to the operating business under the provisions of the Southern Building Code or any state statute. In the event an operator of a restaurant or a night club creates a _ cafe pursuant to the terms of this section and such creation entails actual structural improvements to any portion of the structure other than the permanently obstructed ingress or egress to the restaurant or nightclub then, in that event, all applicable provisions of the Southern Building Code or state statutes necessitating improvements to the property shall apply. 15. No food preparation fire, or fire apparatus, shall be allowed on the public -, other than that employed in the course of ordinary tableside service, including but not limited to menu items which require table preparation, whether or not such area is covered by this permit. 16. Upon the issuance of a "Hurricane Warning" or "Hurricane Watch" by the authorities, the permittee shall forthwith rem~lace indoors all tables, chairs, awnings and other equipment located on the _. 1. APPROVAL, DENIAL, REVOCA nON OR SUSPENSION OF PERMIT; REMOVAL AND STORAGE FEES; EMERGENCIES. 1. _ cafe applications shall be reviewed with standards enumerated in this article. 2. The approval of a'" cafe permit is conditional at all times. A'" cafe permit can be denied, revoked or suspended if: a. cancelled. Any necessary business or health permit has been suspended, revoked or I b. Any current violation of the City Code, County Code or State Law on the premises has been found. c. The permittee exceeds the approved square footage by placing any additional tables, chairs, etc., beyond the approved area. d. Changing conditions of pedestrian or vehicular traffic causes congestion necessitating removal of the'" cafe. Such decisions shall be based upon findings of the City CRA director that the minimum four-foot pedestrian path is insufficient under existing circumstances and represents a danger to the health, safety or general welfare of pedestrians or vehicular traffic. e. The permittee has failed to correct any violations of this article or conditions of the permit within twenty-four (24) hours of receipt of the City notice of same delivered in writing to the permittee. f. In the e~ermittee fails to remove any tables, chairs, and other objects related to the mili\1D!B cafe within twenty-four (24) hours of receipt of the City notice of the denial, revocation or suspensions, the City may remove said objects. The permittee shall be responsible for the expenses incurred by the City for the removal and storage of said objects. 2. Upon approval or denial of the permit, the City shall give written notice of such action to the permittee. 3. Approval or denial of the permit by the CRA shall be placed on the next City Commission consent agenda for review. 4. Revocation or suspension shall be placed on the next CRA agenda and its decision placed on the next City Commission consent agenda for review. 5. If the CRA director believes that a permittee has engaged or is engaged in conduct warranting the suspension or revocation of the permit, he shall serve the permittee by certified mail or hand delivery, at the business address as disclosed in the application for the permit, a written notice of ordinance violation which affords reasonable notice of facts or conduct which warrant the intended action, and a reasonable time for the permittee to cure the violation. The complaint shall state what is required to be done to eliminate the violation, if any. The permittee shall be given adequate opportunity to request a review as provided herein, unless the city manager finds that an emergency condition exists involving serious danger to the public health, safety and welfare, in which case advance notice and hearing shall not be required. In the case of an emergency suspension or revocation, the licensee shall immediately be advised of the city manager's action. In the event the permittee does not cure the violation within the reasonable time designated by the city manager, the case shall be placed on the CRA Board agenda. Final decision of the CRA Board shall be placed on the next City Commission agenda for review. In emergency suspension or revocation, a review as provided herein shall follow as soon as practicable. 6. Appellate provisions: Any aggrieved party may appeal a final decision of the City Commission under this chapter by writ of certiorari as provided in the Land Development Regulations Chapter 1, Article 7, Section 4. 1. PENALTIES. The following civil fines shall be imposed for violators of this article: First citation $100.00 Second citation (within a I-year period) 250.00 Third citation (within a I-year period) 500.00 K. RECOVERY OF UNPAID FINES; UNPAID FINES TO CONSTITUTE LIEN; FORECLOSURE. 1. The Code Compliance Board shall have the power and jurisdiction to hold hearing for recovery of unpaid fees under this chapter as mandated under Article 5 of Chapter 2 of this Code. The Board at its option may impose liens as provided in Article 5 of Chapter 2. 2. The City of Boynton Beach may institute proceedings in a court of competent jurisdiction to compel payment of civil fines. L. APPLICA TION. In the event of any conflict between the provisions of this chapter and any other sections of the Code, the provisions of this chapter shall prevail. (Ord. No. 01-16, ~ 4, 3-20-01; Ord. No. 06-096, ~ 2,1-2-07) ~lUJ:: wALK CAFE CHECKLIST Name of Restaurant: UA77 'c~ ....;I/I~'-'I:; Ey oe 7 o-t! ff1.e ~~rY1 _ Address: 081 e' .O~:tR- l~~n~.~ 1-C.... :3 5<(J. felephone Number: ~&./~&?4 4038" (cctf~- ~ I Name of Applicant: K-I'rn. /<.....e.- Ill{ Address: 1::;2. 2..0 W. ~ro St-. ~a...-, jCl_ 'B~-f~ .2. Telephone Number: 5(p I i{q ~ - .:3~4 II Emergency Number: .3 ~ ~ ~ 400 g Written approval of building owner to operate sad sidewaIk cafe: Yes ~ No c=J Copy of Business tax receipt to operate the associated restaurant/nightclub Yes adjacent to subject of application: C=:J No ~ . &s",,~ ~ ...-~ C (I~P lfno, explam: hoT- ,'S& LL~Ol '1~f'; ~ bu..i1o"in9 UA1~ ~~ va-h' Yes C=:J No CEJ- . C!..(). no+- ,'s Su. ~d.. LI lfno, explam: a.~ b ~!o...ii1V I ~rv" 1"1C;-- r~() v~'6'Y1 Yes No Copy of Certificate of Occupancy if new / major construction: Proof of Liability Insurance In the amount of $1,,000,000.00 per occurrence and to include City of Boynton Beach as an adciJtional insure:d on policy). '{)licy should also state the City shall receive 30 day cancellation .0tification. Hold Harmless Agreement oz.( c=J Yes CE:( No c=J Signed statement acknowledging receipt of copy of the sidewalk cafe Yes regulations and understand them. No c=J Scaled drawing depicting layout and dimensions of the existmg sidewalk Yes area and adjacent private property: (Drawing to include size and location of tables, chairs, steps, trees, bus shelters, sidewalk benches, trash receptacles, light poles, street signs, handicap ramps and any other sidewaIk obstructions within pedestrian area and distance from the tables and chairs from all of the above). Photographs, drawings, specifications / manufacturers brochures of tables, Yes ~ chairs, umbrellas, etc.: No c=J No c=J Non-refundable application fee ($40.00): Yes ~ No c=J FOR OFFICE USE ONLY Date submitted: II - (p - ().., -==rlate deemed complete: / 1_ (p -0 7 Date of approval for transmittal to Board: II ,::~.eviewer: 12. y l3,re € ~ ~ S :\Planning\SHARED\ WP\FORMS\APPLICA TIONS\SIDEW ALK CAFE CHECKLIST. doc SIDEW ALK CAFE PERMIT REGULATIONS I, !/ (Y1 (~n:~t , acknowledge receipt of a copy of the City of Boynton Beach Sidewalk Cafe permit regulations. I have read and understand the ! regulations. !-!urn Clt-rl e ii / / ~ Y '5 Restaurant Name & Address ~~- b-/c J ()~ 'lite ,rfvrM f/ov, 0/ J-o() 7 Date CITY OF BOYNTON BEACH SIDEWALK CAFE HOLD HARMLESS AGREEMENT This Hold Harmless Agreement is made this C71!: day of --!J/u 1Ie.../rJ bete.. ,2007 \ by and between the CITY OF BOYNTON BEACH, FLORIDA (the City) and /'-hu 11 u~~ IFl J ~y , skye (jjC-Yh c_ Jh r: 1'1"1 J J)~ WITNESSETH: ihrm WHEREAS, fL ~ f~ j~1 ~ > 0 Ul~,- r, located at , City of Boynton Beach, Florida, has requested a permit for a sidewalk cafe pursuant to the requirements of Chapter 2, "Zoning," Section 17(G), "Sidewalk Cafe", of the Land Development Regulations of the City of Bo)t11ton Beach; and WHEREAS, prior to authorizing the establishment of a sidewalk cafe, the applicant must enter into a hold harmless agreement with the City of Boynton Beach. and provide proof of insurance in conformance with the requirements of Chapter 2, Section 17(G) of the City of Boynton Beach Land Development Regulations; and WHEREAS, f 1€'. of ,ft.P Jfv r rn agrees to abide by all the regulations governing sidewalk cafes as contained within the City of Boynton Beach Land Development Regulations. NOW, THEREFORE, FOR THE MUTUAL COVENANTS AND MATTERS SET FORTH HEREIN, AS OF THE DATE SET FORTH ABOVE, THE PARTIES HEREBY AGREE AS FOLLOWS: 1. The recitations set forth above are incorporated herein. 2. ty..fJ pi .-I-N ~ r.1"') acknowledges that the City shall assume no responsibility for said land, structures, improvements, materials, appurtenances or furniture or the pa,rtial or ~omp1ete des~ction or removal of the same on the subject property. 3. f:J.t cf iff-, .,)h r"" shall defend, indemnifY, and hold harmless, the City, its agents, officers, employees and servants from any and all claims, suits, causes of action or any claim whatsoever made, arising from the permit of the City to establish a sidewalk cafe or from any claims for damages to property or injuries to persons which may be occasioned by any activity carried on under the terms of the permit. C / ({ 4. L:Jl oj '~ t...-)-fo rn,.... , agrees to provide all insurance required pursuant to Chapter 2, Section 17(G), of the City of Boynton Beach, Florida. Failure to maintain the required insurance shall be sufficient cause for the City of Boynton Beach to '. suspend or revoke the Sidewalk Cafe permit issued pursuant to Chapter 2, Section 17(G) of the City of Boynton Beach Land Development Regulations. IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed on the day first written above. \ re m LJ A/YltJ J) t3f71A/?q t1 {lJi Witn~s Signature (J fYJ'Ir-t14 /) 13 () LA 12G4JL/f Witness's Printed Name // tV.L #- ~-<i W"itness's Sigiiature 4, , .4, {iACv4 Witness's Printed Name k:W1 kellv Applicant's PrintefName STATE OF florid Cc p cJVtA 5{ [t (y. COUNTY OF I t~\ The foregoing instrument was acknowledged before me this ~ day of ~OV o'lA1-u z.u 07 by J(/~{ '! ~ /((1/ '1 (name of officer or agent, title of officer or agent), of Hb..f(t'U4'l(. ~1I(.y's fye.~P/ fV~(..-5~(,/'l1,J;,t(name of corporation acknowledging), a FlOridA... (state or place of incorporation) corporation, on behalf of the corporation. He/She IS personally known to me or has produced p~ VL. (type of identification) as identification. ATTEST: ,'~~~Y4;'" Eliu S. Cueto g~O;~.<f"'-:. Commission #DD323835 ~;:" 'V..~;J Expires: May 26, 2008 ";'~ OF ;':0';'", Bonded Th-u '"",,\ Atlantic Bonding Co., Inc. CITY OF BOYNTON BEACH, FLORIDA 2 City Clerk City Manager Approved as to Form and Legal Sufficiency: City Attorney DNT:dnt H:\l 990\9001 82.BB\AGREEMENTS 2007\Sidewalk Cafe Hold HannJess.DOC 3 Hurricane Alley's Eye of the Storm Ice Cream Bar 531 E. Ocean Ave Boynton Beach, Florida 33435 561 364-4038 November 15\ 2007 To Whom It May Concern: Please find the following information for application of a sidewalk permit I. Kim Kelly 1225 West Mango Street Lantana, Florida 33462 561 797-3411 2. Hurricane Alley's Eye of the Storm Ice Cream Bar 531 E. Ocean Ave Boynton Beach, F]orida 33435 56] 364-4038 3. Copy ofComp]etion provided at time of issuance (agreed upon by Ed Breese) 4. Insurance rider attached 5. Drawings attached (I 2) 6. Photographs (I 2) Attached with proposal of 4 tables and total of 18 seats 7. Written approval from Harvey Oyer Jr. Attached 8. Check enclosed for $40.00 PERMIT APPLICATION FEE November I S\ 2007 To Whom It may Concern, I, Harvey E. Oyer, Jr. give permission to Kim Kelly to have table and chairs in front of the establishment Eye of the Storm located at 531 E. Ocean Ave Boynton Beach, Florida 33435 " rJ /l)( D(!!J;~/ ACORD P~uct!R 9~ 583-5444 CERTIFICATE OF LIABILITY INSURANCE 111l!,~~bO~MMt:1I'r<v\ nus CERTIFICA iE IS ISSUED AS A MA~llt Of IIIIFQRM.ATION ONL Y AND CONfERS NO RIGHTS UPON TtiE CERTIFICATE HOtDEIIt. THIS CERTIFICATE DOES NOT AMEND, EXTEND, OR AJ.,TER THE COVERA.GE AFFORDED BY THE POI..ICIES BELOW INSURERS AFFORDING COVERAGE Pelican Insurance Agency 6950 Cypress Rd Ste 20817 .~I_!n.!~~ioJ1, FI ~~317 ",.11I:n:" INSUR~R l\: American Empire IN$I,I~U II; S~eclllltr Und~1'$ AllIancQ Cafe Barista ine f Hurricane Alley's Eye of the Storm 1529 EQst Ocean Ave I Boynton Beach, FL 33435 INSU!\I!."'C INSURt~ p, INSURER E COVERAGES THIS IS TO CERTIFY THAT THE POLICIES Of INSURANce L.ISTED BI:L.OW HAVE BEEN ISSUED TO THE INSURED NAMED AaoVE FOR THE POl:CY PERIOD INOiCATE.v, NOTWIil"SiANCING f>,t-.'Y REQUIREMeNT. TERM OP. CONe/iroN OF ANY CO~JTRACT OR OTHER DOCUMeNT 1MTH 'tI!&PeCT TO WHICH THIS CE'>.TlflCA TF. 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BY 2NPORStMeNTISPECII\L ~OVISIOt.i$ City of !oynttlneeacltflli~'ddltlift81 iflSUfod. 531 E_ OCCllln'A-n,\IJe..Soynton Seach. Fl 31435, Hold hannlfts.&Walllor'Df-aubr.ogatlon applies to ~tlOfde-;.. CERTIFICA Tt HOLDER X OOI'TlOIlAlINWIC!:I: INSUl1EIl Ll!TTl!R: /!. City of BOYI,ton Beach 100 E_ Boyntcr Beach Blvd. Boynton Beach, FL 330425-0310 CELL.AtION See Below) . !IliOUI.O ANY OF TIiP. "'BOVE DU(;~ I"Ql.lCtES Df Q"'NQIl~"E.C 81>FOftE 'l'H! -'0 El(f'lAATlON DA'f Tl4ltlUlOll. THe G CDMPJ\NYWlLL ENC>PAVOR lU MAIL '" OIlY'!; VYR:TTI!I\i NOTICE 10 THE OJ! FICA TE t1G~O'1l !llAllI:C TO THIi ~l!PT -om'!" r-All.UM TO lUll. SUCH NO'TICI! $HA1.~ IlVIPose NO O'LIGATION (lft UABllI1Y OF AIN I<tIolO UPON THE COMi>ANY, ITS "'Oil"""!! OR REPRESENTATIVES- IIUTHORItI!D RE"I\EGEl'lTATIV~ ACORD 25-8 (7197) 0ACORO CORPORATION 1988 ~ AVE :J (7 J~ 't J )~S T rz /AN {6" ~~dl J)3)4 1 T/ N 6 :;.: / I'\... u ('X /$71 106 .;;; cATS. To H r...ueQ leA (v/2 A/..Lf- Y F NrRAf-vCe 5 ').. -; ~ 5 1-'1 E Oci~,AN AVf H- u eeA CAf\Jf A LLt Y RAW BA-rZ ~ fu111 u ~NJ -z ~ 'A v. CONSENT AGENDA: O. Boynton Beach CRA and Trolley Web site Updates (Info. Only) ~v j,....... ~..., "~. ,.,' '~,;;.".,.-...-- (,. '. . '""\ " ~~~~Y~T2~CRA Ii East Side-West Side~Seaside Renaissance , AGENDA ITEM STAFF REPORT eRA BOARD MEETING OF: November14,2007 x I Consent Agenda I Old Business New Business Public Hearing Other SUBJECT: Boynton Beach CRA and Trolley Web site Statistics SUMMARY: Monthly report, generated by Google Analytics, providing data on the number of new and return visitors to the CRA and Trolley websites: October 1- 31,2007: . Agency: 1,083 . Trolley: 285 FISCAL IMPACT: Cost budgeted in 2006/2007 from General FundBudget RECOMMENDATIONS: Info. Only T:\AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS\Completed Agenda Item Request Forms by Meeting\FY 2007 - 2008 Board Meetings\07 11 14 CRA Board Meeting - November\Monthly Website Stats 11 07,doc www.boyntonbeachcra.com Visitors Overview Oct 1, 2007 - Oct 31, 2007 previous: Sep 1, 2007 - Sep 30, 2007 Sep 1, 2007 - Sep 30, 2007 . Oct 1,2007 - Oct 31. 2007 Visitors ~. ~ ~.. j\. ....... .......-. I...... /. . ,,/ \ '.-. /.-.-.-. /. '. . 30 . . /. " ......., '....... 30 '....... .-. '.--. . 728 people visited this site ~ 1,083 VIsits Previous: 889 (21 82%) C~A- vJe6s. iTl ~ 728 Absolute Unique VIsItors Previous: 615 (18.37%) ~ 3,146 Pageviews Previous: 2,863 (9.88%) ~. 2.90 Average Pageviews Previous: 3.22 (-9 80%) ~ 00:02:41 Tlme on Site Previous: 00:03:11 (.1566%) v-~ 49.86% Bounce Rate Previous: 41.84% (1916%) ~ 61.40% New VIsits Previous: 64.23% (-4 40%) Technical Profile Browser VIsIts " vIsII8 Conneclion Speed Internet Explorer Unknown Sep 1, 2007 - Sep 30, 2007 764 85.94% Sep 1, 2007 - Sep 30, 2007 Oct 1,2007 - Oct 31, 2007 960 88.64% Oct 1,2007 - Oct 31,2007 % Change 2565'10 25 65% % Change Firefox DSL Sep 1, 2007 - Sep 30, 2007 98 11.02% Sep 1, 2007 - Sep 30, 2007 Oct 1, 2007 - Oct 31, 2007 93 8.59% Oct 1, 2007 - Oct 31,2007 % Change -5.10% -5.10% % Change Safari Cable Sep 1, 2007 - Sep 30, 2007 24 2.70% Sep 1, 2007 - Sep 30, 2007 Oct 1, 2007 - Oct 31, 2007 23 2.12% Oct 1, 2007 - Oct 31, 2007 VIsIts " vIsII8 389 43.76% 477 44.04% 22 62%, 22.62% 253 28.46% 285 26.32% 12 65~'O 12.65% 159 213 17.89% 19.67% Google Analytics % Change -4.17% -4.17% % Change ~3.qt3i.'..;. 33.96% Netscape T1 Sep 1, 2007 - Sep 30, 2007 0.11% Sep 1, 2007 - Sep 30, 2007 53 5.96% Oct 1,2007 - Oct 31,2007 6 0.55% Oct 1, 2007 - Oct 31,2007 73 6.74% % Change 500 DO''!, 500.00t}r, % Change ~7 74;:;/;) 3774% Mozilla Dialup Sep 1, 2007 - Sep 30, 2007 0.11% Sep 1, 2007 - Sep 30, 2007 21 2.36% Oct 1,2007 - Oct 31,2007 0.09% Oct 1, 2007 - Oct 31,2007 22 2.03% % Change 0.00% 0.00% % Change 4 7b'~'" 4 76% 2 Google Analytics Dashboard - Google Analytics Page 1 of2 adelspergerm@cLboynton-beach.fl.us I M-Y A<;<<;:ount I H~!p I Contact 1J~ I Sign QMt Analytics Settings View Reports: www.boyntonbeachtrolley.com Email J -rR Ou.., E'( We-&S 'T' [. My Analytics Accounts: Boynton Beach Trolley , Dashboard Oct 1, 2007 - Oct 31,2007 Visits 20 20 "\,/\ _ ,/\ /\ /......./......-...... ~.\ .......-.-. /'-"0 . . .-....... .....' /' \. . . / ..... . I Oclober 1.2007 I October S, 2007 I Oclober IS, 2001 I October 22, 2007 : Oclober 29, 200i I Site Usage . , 285 Visits 40.350/0 I:JQYfl~~R~t~ --:', \' 683 paQe"Le",,~ 2.40 P~-9!l~isit 00:01 :23 Avg. Tir!lfit on Sjte 81 .75 % % ~fitW Yj~it~ Visitors Overview I Map Overlay 10 " - 243 Visitors view @Aort view report Traffic Sources Overview II Content Overview Pages Pageviews % Pageviews Referring Sites 355 51.98% 183 (64.21%) Immu>_h.Q Search Engines 240 35.14% 55 (19.30%) If9.~I1Q 33 4.83% Direct Traffic https://www.google.com/analytics/reporting/dashboard?reset=l&id=4528679&scid=2436I... 11/112007 Dashboard - Google Analytics Dashboard Saved Reports Visitors Traffic Sources Content Goals Settings Email Help Resources About this Reoort Conversion University Common Questions Reoort Finder Iliew report 47 (16.49%) labout.p!'m IcoDtact.QI1-.Q view report @ 2007 Google I Anc:lMil;:_~ H9m~ I Priyq9' PQ!l~ I Qon~Q1 !!~ 21 19 Page 2 of2 3.07% 2.78% https:/ /www.goog1e.com/analytics/reporting/dashboard?reset= 1 &id=4528679&scid=24361 ... 11/1/2007 v. CONSENT AGENDA: P. Holiday Extravaganza Parade, Tree Lighting and Concert - December 1, 2007 (Info. Only) \V k"-- "".~. t "" ~~~~Y~T2~lc RA . East Side NWest Side NSeaside Renaissance , AGENDA ITEM STAFF REPORT eRA BOARD MEETING OF: November 14,2007 I x I Consent Agenda I Old Business New Business Public Hearing Other SUBJECT: "Holiday Extravaganza" Parade, Tree Lighting and Concert- Saturday, December 1, 2007. SUMMARY: On Saturday, December 1,2007 Boynton Beach presents "Holiday Extravaganza". The Parade runs from 5:00pm to 6:30pm, North in the Southbound lane of Federal Hwy., from SE 12th A venue to Ocean Avenue. The Tree Lighting will take place at 6:45pm at the Schoolhouse Children's Museum at 129 East Ocean Avenue Gust east of Sea crest). The FREE Concert with THREE DOG NIGHT will start at 7:00pm until 1 0:00pm on East Ocean Avenue between Seacrest and NE 1 st. Street. Food and beverage vendors will be available. Free trolley service from the Band of America on Federal & Ocean Ave. to the concert site will be available from 6:30pm to 10:30pm. VIP tent set-up at concert for city & county dignitaries sponsors and special invited guests. · Saturday, December 1, 2007 - Holiday Parade, 5:00pm to 6:30pm. · Saturday, December 1, 2007 - Holiday Tree Lighting, 6:45pm. · Saturday, December 1,2007 - FREE Concert featuring THREE DOG NIGHT, 7:00pm to 1 0:00pm. FISCAL IMP ACT: This is a budgeted CRA event. RECOMMENDATIONS: Info. Only ~/j' '. .' ~UAA---:r: Kathy Biscuiti Special Events Manager T:\AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS\Completed Agenda Item Request Forms by Meeting\FY 2007 - 2008 Board Meetings\07 11 14 CRA Board Meeting - November\CRA Agenda Request for Holiday 2007.doc ~1""_1 . . ... 5:00 p.m. Annual "0 I ide, Parade North along Federal Hwy. from SE 12th Ave. to Ocean Ave. 6:30 p.m. Tree Lighting East Ocean Ave. between Seacrest Blvd. and SE 1st St. 7:00 p.m. FREE CONCERT featuring THREE DOG NIGHT Ocean Ave. between Seacrest Blvd. and SE 1st St. FOOD & BEVERAGES AVAILABLE www.boyntonbeachcra.com 561.742.6246 ~~~~Y~T2~;C RA Ii East Side-West Side-Seaside RenaISsance . The Palm Beach Post Palm BeachPost.com VII. PUBLIC HEARING NEW BUSINESS: A. Tuscan Villas Site Plan Time Extension TO: THRU: FROM: DATE: PROJECT: REQUEST: DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 07-109 Chair and Members Community Redev~~ent Agency Board Michael Rumpf kU. Director of Planning and Zoning Kathleen Zeitler ~ Planner November 7, 2007 Tuscan Villas (SPTE 07-011) Site Plan Time Extension PROJECT DESCRIPTION Property Owner: Applicant I Agent: Location: Existing Land Use: Existing Zoning: Proposed Land Use: Proposed Zoning: Proposed Uses: Acreage: Adjacent Uses: North: South: Tuscan Villas at Boynton Beach, LLC Wendy Tuma, RLA, AS LA, Urban Design Studio East side of Federal Highway, approximately 1,100 feet north of Gulfstream Boulevard (see Location Map - Exhibit "A") Special High Density Residential (SHDR - maximum 20 dujac) Infill Planned Unit Development (IPUD) No change proposed No change proposed 22 townhouse-style condominium units (16.4 dwelling unitsjacre) :t1.341 acres (58,414 square feet) Developed commercial (unoccupied; formerly Gulfstream Carpet) designated with Palm Beach County Commercial High, with an underlying Medium Residential 5 units per acre (CHjs) land use and zoned Palm Beach County Commercial General (CG). A current application for annexation, land use amendment, and rezoning has been submitted for an office use (Ticket Clinic) on this property; Developed commercial (licensed as Supervised Construction Services), designated with Palm Beach County Commercial High, with an underlying Medium Residential 5 units per acre (CHjs) land use and zoned Palm Beach County Commercial General (CG); Page 2 Memorandum No. PZ 07-109 Tuscan Villas SPTE 07-011 East: Developed single-family residential lots designated with Palm Beach County Medium Residential, 5 units per acre (MR-s) land use and zoned Palm Beach County Single-family Residential (RS); and West: Right-of-way for Federal Highway, then farther west is partially developed commercial property recently approved for townhouse units (Gulfstream Gardens) designated with Special High Density Residential (SHDR) land use and zoned Planned Unit Development (PUD). BACKGROUND Ms. Wendy Tuma, agent for Tuscan Villas at Boynton Beach, LLC (property owner) is requesting a one (i)-year site plan time extension for the Tuscan Villas site plan development order (NWSP 06-002), which was approved by the City Commission on April 18, 2006. The master planlsite plan appiOval for the IPUD is valid for 18 months from the date of approval. If this request for a one (i)-year time extension were approved, the expiration date of this site plan, including concurrency certification, would be extended to October 18, 2008. The subject property is located within the Federal Highway Corridor Community Redevelopment Plan Study Area V. According to the original site plan staff report, the proposed Tuscan Villas project is an Infill Planned Unit Development approved for 22 townhouse-style condominium dwelling units. The project has been approved for the following: an annexation (ANEX 06-002); a land use amendment (LUAR 06-002) from Palm Beach County Commercial High, with an underlying Medium Residential, 5 units per acre (CHIS) to Special High Density Residential (SHDR - 20 du/ac) classification; a rezoning (LUAR 06-002) from Palm Beach County Commercial General (CG) to Infill Planned Unit Development (IPUD) zoning district; and a new site plan (NWSP 06-002). The 22 units are proposed in one (1) phase on the 1.34-acre site (see Exhibit "B"). The 22 townhouse units are proposed within five (5) separate buildings with three (3) units to six (6) units per building. The project proposes four (4) model types, ranging from 1,947 square feet to 2,513 square feet of air- conditioned space. The proposed dwellings are two (2) and three (3) stories. The easternmost portion of each townhouse building (adjacent to the single-family homes) are proposed at two (2)-stories rather than three (3)-stories. Along the east property line, the site plan proposes a building setback that ranges between a minimum of 11 feet to a maximum of 35 feet. A buffer wall is proposed along the east property line in conjunction with a multitude of trees and shrubs. that would provide the necessary buffering between the townhouses and the adjacent single-family neighborhood. The main recreation area would be located at the center of the site, centrally located to all residents. It would include a swimming pool, cabana building, decorative water fountain, and bicycle racks. The proposed buildings and clubhouse resemble a modern Spanish-Mediterranean design with textured stucco finish, tile inserts, simulated stone band and sills, cast stone baluster and panels, rounded- windows, wood-panel front doors, clear glass with bronze finish aluminum frames, and S-tile roof. The exterior walls of the buildings would consist of the following neutral colors: peach, cream, and yellow with white trim. Page 3 Memorandum No. PZ 07-109 Tuscan Villas SPTE 07-011 ANALYSIS The master plan/site plan approval for the Tuscan Villas IPUD project is valid for 18 months from the date of approval. Examples of building permits include but are not limited to the following: plumbing, electrical, mechanical, foundation, and structural. The Regulations authorize the City Commission to approve site plan time extensions up to one (1) year, provided that the applicant files the request prior to the expiration date of the development order. In this case, the applicant has met that requirement; Staff received the request for a site plan time extension on September 4, 2007, approximately 45 days prior to the expiration date of the new site plan (see Exhibit "C"). According to the agent, the following accomplishments demonstrate their "good faith" efforts in securing a building permit for the project: (1) the payment of reservation fees for utilities in the amount of $3,243.24 for the project; (2) obtained approvals for FDOT drainage, driveway, temporary driveway, and fire-rescue; (3) the preparation and submittal of revised plans for Engineering approval of utility plans and plat; and, (4) the completion of revised construction drawings to address comments received from pre-review of plans submitted in June, 2007. A more formal criterion for evaluating requests for time extensions is compliance with (traffic) concurrency requirements. The Palm Beach County Traffic Division approved the traffic study for the Tuscan Villas project based on a total of 22 proposed residential units. Based on the Traffic Division's review, it has been determined that the project is located within the Coastal Residential Exception Area of Palm Beach County which exempts residential units from traffic concurrency requirements, and the project meets the Traffic Performance Standards of Palm Beach County. No building permits are to be issued after the build-out date of 2010. The site plan time extension is still subject to the original 36 conditions of site plan approval. Lastly, no new land development regulations are now in place which staff recommends should be applied to the subject project. As for application of the Art in Public Places ordinance (05-060), this project is not exempt, as the new site plan request was filed and under review after adoption of Ordinance 05-060 on October 5, 2005. Therefore, the project must comply with Ordinance 05-060 as stated in the original conditions of site plan approval. SUMMARY I RECOMMENDATION Staff recommends approval of this request for a one (i)-year time extension of the site plan (NWSP 06- 002) for the Tuscan Villas project. If this request for extension were approved, the expiration of this site plan, including concurrency certification, would be extended to October 18, 2008. Staff is generally in favor of the redevelopment efforts represented by the approved site plan, which serves to promote the goals of the Community Redevelopment Agency and the Federal Highway Corridor Community Redevelopment Plan toward greater residential uses in this area and economic revitalization. The proposed Tuscan Villas project will provide an opportunity for redevelopment in a highly visible entrance corridor to the City, increase the value of adjacent and nearby properties, and contribute to the overall economic development of the City. If this request for site plan time extension is approved, all outstanding conditions of approval from the original site plan must still be satisfactorily addressed during the building permit process. Any additional conditions recommended by the Board or City Commission shall be documented accordingly in the Conditions of Approval (see Exhibit "D"). S:\Planning\SHARED\ WP\PROJECTS\ Tuscan Villas\SPTE 07-011 \ Staff Report.doc C-3 PUD . LOCATION MAP Tuscan Villas Exhibit "A" IPUD TURNER RD ( I PUD ~ r- ~ c ::a ROBERTS RD Gulfstream OR County RM 200 N W+E S 200 100 0 I 600 800 I Feet 400 ~! p J: <. ~f r~ fl p " f~ 0) IIltCr~C' S ln~ 1fCl\l.1I~ I....-.bo.'" (,"YO. 110""1'.[\'11 LM,II'........,........, 1.111 l('o> llA::TUl t_n.....t.._f'J-l'l'l.......",I...m.If}:'ot...UfllL I.. "Olr~EHf'l\4t:p.\li,. EXHIBIT B ----- ---.!":Iederal Hi~~a~ _ [ t J Ii !, , : ~, ! & ,. H1 ih ,'. "1 . 1 I i -0 ~ \ ~,-.\ '" :; ~~~t " Hr; \ i ~ ~~ \ " \ \ \ \ \ , ~ =' f?'{f ni' ~ri : ". "'ir r~f q ~; . -jZ ~~ ~;~ c ~i ~il ~ 11111 i~ ~ ~ ~! ~.E ~: ~~ :2 ~ - ~i ;:;!!! ~~ ~... --, 1:- , ,- : ,. )6 ......-" ::: ~j 6 ~~ E l' '00 ~~2 ~~~ ~!~ ~B ~~ mmmm~iWi ;~7.'~~2~;-~> ~ ~'lrJ: ~~~ ~Ijr! i!llIII I:' " 'fF.'~!~ ~ 1; ~ ii rf;';; ~ ;:.~ .. r iC t J 1'] i ;,; 7' "" ~ ,;~,.~] ;- :g ='.'_.~.- ~~ ~~ t <- -...-.,~. - f' l~ ~ ;: !~: ~ /~ I The Villas at Boynton Beach 2. II ; ~ ~ City of Boynton Beach, Florida N, Site Development Plan ::l .-:! I ' g. I I f I , I' ,~i; I ,; ~ 'iii 1-.1 h: 0; m~ - ~ ; 7 . - ~ :.. < - < . ..".,,-- .."\ , , :; \ , , \ \ , \ , , \ \ , \ , \ , , \ "=~ii t~~ 7- np .o<r~ flUff ~~i~ frlr 1:: =:.::: ;~~ -e:- ~:: ~~i ;::~ - ~~: : :;~ i' H~ ~ ;ii ~ f~! ~ ........" ;i.a .. Hi:2 S~! ;t- H13 H~ ~~ :> ~ ; I,m- ;;~; ~; " ~i~ ~; ~ ~~ i:; mH ~ ~~ ~ i ;,: :: -------- 111111!I~Wllilll! JfI~1 1[[[ {,',film If ffl~ g EXHIBIT "C" September 4, 2007 ill'.', ...... ~. n ~..." , ~'I i I'; j : l", II I,"! o 1. ~FP~ 4 2~07 ! [ , L_. urtxJn dfueslon s ara Mr. Michael W. Rumpf Director of Planning & Zoning City of Boynton Beach Development Department Planning & Zoning Division 100 E. Boynton Beach Boulevard P.O. Box 310 Boynton Beach, Florida 33425-0310 (, "JW c', ~P1 ''-. ut... Urban Design Urban Planning Land Planning Landscape Architecture RE: File No.: Tuscan Villas (aka The Villas at Boynton Beach) NWSP 06-002 LocatIon: On the east side of Federal HW'j. approximately 1, I 00 feet north of Gulfstrearn Blvd. Dear Mr. Rumpf, Please accept this letter as a formal request for a one year site plan approval time extension. The Development Order was granted by the City Commission on April 18, 2006, however a building permit has not been secured and the property owner would like the approval to remain vested. Status ofProiect: Since receiving site plan approval, the property owner has worked very closely with the City of Boynton Beach. They attended several meetings with the Engineering Department to discuss both the utility plans and the proposed plat. The FDOT drainage, driveway, temporary driveway and fire-rescue approvals for the project have been issued. Outstanding approvals include approval from the City of Boynton Beach for the Utility Plans and the Plat/Engineering Approval. Also, the FDOT Utility Permit and Health Department permits are outstanding, but they can not begin until the City has approved the Utility Plans and Plat/Engineering Plans. Please find attached copies of the three Review Letters received from the City Engineer. We are in the process of preparing a response to the third letter. Architectural Drawings: The property owner contracted David Lawrence Architecture to prepare construction documents for the five buildings on the site. The construction documents were submitted to the City of Boynton Beach Building Division for pre-review of the permit drawings in June 2007. The City then responded with comments. Weare in the process of updating the plans to address these comments. G:\Jobs\Paisley Custom HomeslBoynton Beach Prop\Agency CorresIRumpf081407 SP extension_wpd LCC35 477 S. Rosemary Avenue Suite 225 . The Lofts at City Place West Palm Beach, FL 33401 561.366.1100 561.366.1111 fax www.UDSonline.com LCC35 Justification of Delay: The property owner has work very closely with the City of Boynton Beach on the review of the Plat and Engineering Plans. In addition to this thorough review process, the property owner has been finalizing construction documents for the proposed townhomes. Unfortunately, since receiving approval of the site plan, the housing marKet in South Florida has taken a downturn. This change in the market has affected the ability for developers to receive financing for their projects quickly. This has been an additional obstacle the property owner has been faced with in the past year. Thank you in advance for your consideration of the time extension request. We look forward to working with the City of Boynton Beach to create a successful project. Sincerely yours, URBAN DESIGN STUDIO ~~a~~ CC: Mr. Jim Paisley Mr. David Lawrence Mr. Mike Hagerty G:VobslPaisley Custom HomeslBoynton Beach Prop\Agency CorresIRumpf081407 SP extension.wpd LCC35 EXHIBIT "D" Conditions of Approval Project name: Tuscan Villas File number: SPTE 07-011 Reference: DEPARTMENTS INCLUDE REJECT PUBLIC WORKS- General Comments: None PUBLIC WORKS- Traffic Comments: None UTILITIES Comments: None FIRE Comments: None POLICE Comments: None ENGINEERING DIVISION Comments: None BUILDING DIVISION Comments: None PARKS AND RECREATION Comments: None FORESTER/ENVIRONMENTALIST Comments: None PLANNING AND ZONING Comments: 1. The site plan time extension shall be subject to all previous Conditions of Approval. Conditions of Approval 2 DEPARTMENTS INCLUDE REJECT ADDITIONAL COMMUNITY REDEVELOPMENT AGENCY BOARD CONDITIONS Comments: 1. To be determined. ADDITIONAL CITY COMMISSION CONDITIONS Comments: 1. To be determined. S:\Planning\SHAREDlWP\PROJECTS\Tuscan Villas\SPTE 07-011\COA.doc DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Tuscan Villas (aka Villas at Boynton Beach) APPLICANT'S AGENT: Wendy Tuma / Urban Design Studio APPLICANT: Tuscan Villas at Boynton Beach, LLC APPLICANT'S ADDRESS: 631 US Highway 1, Suite 220, North Palm Beach, Florida 33408-4614 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: December 3, 2007 TYPE OF RELIEF SOUGHT: Request a one (1) year site plan time extension to construct 22 townhouse-style condominium units on 1.34 acres in the IPUD zoning district. LOCATION OF PROPERTY: On the east side of Federal Highway, approximately 1,100 feet north of Gulfstream Boulevard (see Exhibit "A" - Location Map) DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the relief sought by the applicant and heard testirllony from the applicant, members of city administrative staff and the pUblic finds as follows: 1. Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. 2. The Applicant HAS HAS NOT established by substantial competent evidence a basis for the relief requested. 3. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "0" with notation "Included". 4. The Applicant's application for relief is hereby - GRANTED subject to the conditions referenced in paragraph 3 hereof. DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. 6. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other DATED: City Clerk S:IPlanninglSHAREDI WPIPROJECTSITuscan ViUaslSPTE 07.011 \DO.doc VII. PUBLIC HEARING NEW BUSINESS: B. Arches Site Plan Time Extension DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 07-122 TO: FROM: Chair and Members Community Redeve~ment Agency Board 'V Michael Rumpt'1Y , Director of Planning and Zoning Gabriel Wuebben /1 ~ Planner VI '- THRU: DATE: November 7, 2007 PROJECT: The Arches I SPTE 07-012 REQUEST: Site Plan Time Extension PROJECT DESCRIPTION Property Owner: Boynton Ventures I, LLC Applicant I .t\gent: William Bloom I,vith Holland & Knight Location: Southwest corner of Ocean Avenue and Federal Highway(Exhibit "A'') EXisting Land Use/ Zoning: Mixed Use Core (MX-C) / Mixed Use High (MU-H) Proposed Uses: Request site plan time extension approval for a mixed use project consisting of 40,596 square feet of retail space and 378 condominium units on 4.688 acres. Acreage: 4.688 acres Adjacent Uses: North: Right-of-way for Ocean Avenue and farther north are developed properties zoned Central Business District (CBD); South: Right-of-way for Southeast 2nd Avenue and farther south is a developed commercial plaza zoned Community Commercial (C-3); East: Right-of-way for Federal Highway and farther east is developed commercial properties zoned CBD; and West: Right-Of-way for Southeast 4th Street and still farther west is developed commercial properties zoned CBD. Page 2 Memorandum No. PZ 07-122 BACKGROUND Mr. William Bloom, agent for Boynton Ventures I, LLC, is requesting that a second pne (1) year time extension be granted for the Arches Site Plan and Height Exception development orders (MSPM 05-008 and HTEX 05- 006), which were approved by the City Commission on September 6, 2005. These approvals are valid for one (1) year from the date of approval, unless a building permit has been issued or a time extension applied for. If this request for extensions were approved, the expiration date, including concurrency certification, would be extended to September 6, 2008. According to the site plan staff report, The Arches was approved to construct a total of 378 dwelling units and 40,596 square feet of retail space (combining retail, office, and restaurant space). The height exception request was for certain rooftop elements that conceal mechanical equipment, elevator shafts and stairwells at a height of 167 feet, or 17 feet above the maximum height threshold of 150 feet. Originally, a similar mixed-use project was approved in 2003, and was subsequently awarded tvvo (2) site plan time extensions. In 2005, a Major Site Plan Modification application was approved as filed by new owners of the property. This in effect resets the entire development clock and marks a departure point for what is essentially a new approval procedure. As mentioned above, the project received a Site Plan Time Extension in 2006. In this respect, this is the second site plan extension request for the revised project in accordance with the City of Boynton Beach Code of Ordinances. ANAL YSIS According to Chapter 4, Section 5 of the Land Development Regulations, "the applicant shall have one (1) year to secure a building permit from the Development Department". Examples of building permits include but are not limited to the following: Plumbing, electrical, mechanical, foundation, and structural. The Regulations authorize the City Commission to approve one (1) year time extensions, provided that the applicant files the request prior to the expiration date of the development order or previous time extensions. In this case, the applicant has met that requirement. The Planning & Zoning Division received the extension request September 5, 2007 - one (1) day prior to the expiration of the previous site plan time extension. According to the request and justification, the developer has worked to address the difficulties of undertaking a luxury condominium project in market conditions that have become increasingly unfavorable since the previous site plan time extension was granted in 2006. The applicant has been working to realign the project with current demand through numerous modifications. Most significantly, the applicant will ultimately propose the conversion of the luxury condominiums to rental units. Additionally, the applicant expects to create six (6) additional units through project redesign, relocating the amenity deck within the project and diminishing its size. The applicant has indicated a plan to remove the two-story retail component from the northwest corner of the project, and include an improved loading area and additional landscaping in its place. The applicant also plans to reconfigure various aesthetic details of the project so that project costs coincide more with market demand. It should be noted that if the time extension is approved, any future changes to the project must be determined as "major" or "minor", and reviewed according to the required process. This is the first time staff has been presented with descriptions of the proposed changes to the project, and staff recognizes that such alterations to the originally proposed project may ultimately require a major site plan modification. At this time, however, it appears that the applicant is working toward project commencement. Construction plans for the modified project have been put out to bid, and the applicant believes that project redesign will commence in the coming months. Page 3 Memorandum No PZ 07-122 A more formal criterion for evaluating requests for time extensions is compliance with concurrency requirements. This project's traffic study was sent to Pal m Beach County Traffic Division for their review and approval. The Traffic Division determined that the proposed mixed-use project is located within the designated Boynton Beach Traffic Concurrency Exception Area (TCEA), and therefore meets the Traffic Performance Standards (TPS) of Palm Beach County. However, no building permits are to be issued by the city after the build-out date of 2010. Since the applicant has what would appear to be adequate time remaining on the applicant's traffic concurrency, nothing further in this regard is needed at this time. The site plan time extension would still be subject to the original conditions of approval (site plan and height exception. Lastly, no new land development regulations are now in place against which the project should be reviewed and modified. As for application of the Art in Public Places Ordinance, site plan approval occurred prior to the adoption of Ordinance 05-060. RECOMMENDATION Staff recommends approval of this requestfor a one (1) year time extension of the major site plan modification (MSPM 05-008) and height exception (HTEX 05-006). If these requests for extension were approved, the expiration date of both applications, including concurrency certification would be extended to September 6, 2008, and all conditions from the original approvals must still be satisfactorily addressed during the building permit process. S:\Planning\SHARED\\NP\PROJECTS\ARCHES @ BB\SPTE 07c-012\Arches SPTE 07-012 Staff Report.doc Exhibit nAil - THE ARCHES Location Map ctS 13 Q) 0:: ~ ~ ! ~J <( ~ 0:: I 110 55 0 ~-- 110 220 330 440 I Feet N w+, 5 EXHIBIT B November 6,2007 The Arches Time Extension Additional Justification The follovv'ing statement provides additional justification to the City to support the applicants need for a time extension for the project known as the "The Arches" located at 500 Ocean Avenue The current market conditions are a major factor in the stalling of the project. The applicant has been working on creative solutions to this problem in order to make the project move forward and begin beginning construction. After some analysis of current market conditions, the applicant is moving forward with a luxury rental project instead of the previously proposed condominium units. There is a need for upscale rental units within the City of Boynton Beach. With the potential conversion to rental come minor mechanical, electrical, and plumbing modifications. The applicant has currently put the construction plans out to bid for these modifications and intends on beginning this modification process within the next several months. Below details the list of proposed construction changes that the applicant is proposing: Architectural Value En~ineerin~ Chan~es: · Eliminated 1 floor of the parking garage o Amenity deck is now on the 5th floor rather than the 6th o 6th floor residential is now identical to floors ih _15th o Exercise room and Party room are now located on 5th floor o Unit number will change from 356 to 362, addition of 6 units · Reduce size of Amenity deck o Stair C-3 has been eliminated o 'Storage room' to replace stair C-3 on roof deck to maintain symmetry o Maximum occupancy for smaller roof deck: 625 occupants o Maximum occupied area for smaller roof deck: 19,000 square feet · Eliminated building 'D' retail (2-Story) o Northwest corner of parking garage was redesigned to accommodate two loading docks. (1st floor) o Northwest side of plaza where building '0' used to sit will require a new landscape layout. · Trellis and associated planters on the 1st floor have been eliminated from parking garage fac;;ade · Glass canopy has been removed from first floor at northeast and southeast corners of retail , Eliminated high ceiling and curtain wall system in corner units on 5th and 15th floor. o Roof slabs at both 5th and 15th floor are continuous all the way to corners. o Slab still projects 2'-0" past parapet at corners o Glass balcony guardrail sitting on concrete curb at corners where curtain wall used to be. Structural VE ChanQes: Change foundation system from augercast piles to vibroflotation. The applicant feels that progress continues to be made in order to keep the proposed project moving forward in a market that is currently unfavorable towards residential development The applicant respectfully requests the approval of the requested time extension EXHIBIT "e" Conditions of Approval Project name: 500 Ocean (fka The Arches) File number: SPTE 07-012 Reference: I DEPARTMENTS I INCLUDE I REJ ECT I PUBLIC WORKS - General Comments: None ~ PUBLIC WORKS - Traffic Conl111ents: 1\.lr\nn j 'CUII"- UTILITIES Comments: None I I I FIRE I Comments: None POLICE I COlllments: None ENGINEERING DIVISION Comments: None I BUILDING DIVISION Comments: None I PARKS AND RECREATION ~Comments: None FORESTER/ENVIRONMENT ALIST Comments: None PLANNING AND ZONING ~omments:__ I I I The time extension is subject to the original Conditions of Approval. tu . -----------~--.. 500 Ocean (fka The Arches) SPTE 07-012 Conditions of Approval Page 2. ~ I DEPARTMENTS I INCLUDE I REJECT I . ADDITIONAL COMMUNITY REDEVELOPMENT AGENCY BOARD CONDITIONS I.. S~ ~)1l~1l1 ~_Ilt~ I --------- I .l None I ADDITIONAL CITY COMMISSION CONDITIONS I Comments: I I ~--~-- I I J To be determined. I I SIPlanninglSHAREDlWPIPROJECTSIARCHES @ BBISPTE 07.0121COAdoc DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME 500 Ocean (fka The Arches) APPLICANT: Boynton Ventures I, LLC APPLICANT'S AGENT: William Bloom with Holland & Knight AGENT'S ADDRESS: 222 Lakeview Avenue, Suite 800 West Palm Beach, FL 33401 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: December 5,2007 TYPE OF RELIEF SOUGHT: Request a one (1) year time extension of the major site plan modification (MSPM 05-008) and height exception (HTEX 05-006) to September 6, 2008 LOCATION OF PROPERTY: Southwest corner of the intersection of Federal Highway and East Ocean Avenue DRAWING(S). SEE EXHIBIT "B" ATTACHED HERETO. THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: 1. Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. 2 The Applicant HAS HAS NOT established by substantial competent evidence a basis for the relief requested. 3. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "C" with notation "Included". 4. The Applicant's application for relief is hereby _ GRANTED subject to the conditions referenced in paragraph 3 hereof. DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. 6. All further development on the property shall be made in accordance with the terms and conditions of this order. 7 . Other DATED City Clerk SIPlannlngISHAREDIWPIPROJECTS\ARCHES @ BBISPTE 07.0121DOdoc VII. PUBLIC HEARING NEW BUSINESS: C. Land Development Regulations Rewrite - Group 4 IX. OLD BUSINESS: A. Review of 2006 Adopted Downtown Parking Plan ~~~qY~T8~ eRA Ii East Side...West S'lde...Seaside Rena'lssance AGENDA ITEM STAFF REPORT eRA BOARD MEETING OF: Novemberl4,2007 I Consent Agenda IX I Old Business New Business Public Hearing Other SUBJECT: Review of2006 Adopted Downtown Parking Plan SUMMARY: In August 2006, CRA staff, at the Boards recommendation, reviewed the potential parking needs for the downtown area to ascertain potential locations for public parking. Staff recommended five sites throughout the downtown area. Together the five sites could provide up to an additional 1,822 public parking spaces. Two of the five sites were envisioned as part of mixed-use projects, specifically at the northeast and southeast comers of Ocean Avenue and Federal Highway. At the August 2006 CRA Board meeting, the Board directed staff to begin negotiations with the property owners and developers of the two mixed-use sites to create public parking in the projects. There have been ongoing negotiations between CRA staff and the developer of Ocean One (located at the northeast comer of Ocean/Federal) to create 400 public parking spaces. However, the developer was unable to acquire four of the office condominiums in the First Financial Plaza making the proposed site plan unviable. While it was not possible to secure public parking in Sites 1 and 2 due to changing market conditions, staff was able to purchase Site 4 in its entirety. In August, staff was approached by Mr. Gene Moore on behalf of First Financial Plaza proposing that the CRA purchase the air rights on the north and south ends of the property. Mr. Moore proposed that the CRA could construct up to 1,200 public parking spaces on the site while keeping the existing building intact. While Mr. Moore did not have a valuation of the air rights for CRA staff, construction of 1,200 structured parking spaces would cost the CRA approximately $36M ($30,000 per space). In order to implement Mr. Moore's proposal, the CRA would have to issue a bond in order to have the funds to purchase the air rights and construct the parking garages. Firstly, due to the recent Florida Supreme Court ruling, CRA's are unable to issue bonds without a public referendum. This may be resolved by year end. Secondly, while the marina area will create a significant parking demand, estimated at 1,000 in 2010, staff feels it is more financially prudent to enter into a TIF agreement with developers in this area to create public parking within their projects. This way public parking is distributed throughout the downtown area in a manner that is more consistent with how and where the public desires it. T:\AGENDAS, CONSENT AGENDAS. MONTHLY REPORTS\Completed Agenda Item Request Forms by Meeting\FY 2007 - 2008 Board Meetings\07 11 14 CRA Board Meeting - November\Parking.doc ~~RY~T8~CRA ill East Side-West Side-Seaside Renaissante AGENDA ITEM STAFF REPORT CRA staff continues to have conversations with developers and property owners of future development sites regarding the CRA's desire to incorporate public parking within private developments. Staff feels confident that by using incentives to developers and by purchasing vacant land, that is therefore less expensive, the CRA can create the majority of necessary public parking spaces in the downtown area. FISCAL IMPACT: None. RECOMMENDA TIONS: None, for informational purposes only. Ift/~ Vivian L. Brooks Assistant Director T:\AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS\Completed Agenda Item Request Forms by Meeting\FY 2007 - 2008 Board Meetings\07 11 14 CRA Board Meeting - November\Parking.doc , i.. .. ._ .,.~. '~J~.;{~:~' '1~<tY~T8~iCRA iIi East Side-West Side-Seaside Renaissance BOYNTON BEACH CRA AGENDA ITEM STAFF REPORT eRA BOARD MEETING OF: August 8, 2006 AGENDA ITEM #: Consent Agenda I 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 of NE 6th Ave, west of the Intracoastal, north of SE 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. It 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 downtown 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 1,2006 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 ll.I.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:\Documents and Settings\brightl\Local Settings\Temporary Internet Files\OLK151\parking recommendations.doc ~;;:,-:;i\~.i~~7~' ~ I"";'>~:\:f:~~~~, '~~qY~T28r<:RA Ii East Side-West Side-Seaside Renaissante BOYNTON BEACH CRA AGENDA ITEM STAFF REPORT RECOMMENDA TIONS: l. 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 I l.l.4 of the Land Development regulations to include alI mixed-use districts within the CRA. 3. Make a recommendation to the City Commission to amend Chapter 2, F, I 1 .b.of the 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. Vivian L. Brooks Kenneth SpiIlias, Esq. CRA LEGAL COUNSEL C:\Documents and Settings\brightl\Local Settings\Temporary Internet Files\OLK151\parking recornmendations.doc Meeting Minutes Community Redevelopment Agency Boynton Beach, FL August 8, 2006 Motion A motion was made by Ms. Horenburger to approve the minutes as amended. Ms. Heavilin seconded the motion that unanimously passed. B. Approval of Financial Results - July 31, 2006 Mr. Sims asked about the trolley system and why more businesses have not taken advantage of using it. Mr. Reardon explained the original company hired to market the trolley, and set the schedules, was no longer with the CRA. The issue is being handled by AMBIT Marketing. The CRA has been in close contact with AMBIT to increase those revenues and increase the exposure. Ms. Bright explained the original group was not a local firm, which negatively impacted the operation and resulted in a loss of revenues close to $90,000. The new firm will revamp the program. Motion Vice Chair Norem moved to approve the item. Ms. Heavilin seconded the motion that unanimously passed. G. Denial - Residential Fa93de Grant Application - 3675 S. Federal Highway Ms. Horenburger asked the board to reconsider the program. She explained she was beginning to see the CRA improving facades that were later being torn down, thereby throwing monies away. She suggested the board re-evaluate the issue, address it at a later time, or hold a workshop on the matter. Additionally, she noted the item did not have a staff recommendation for approval or denial. She clarified the request was for roof work which was not an eligible expense, the work was done over six months ago, and the property, although homesteaded, was operated as a business that was unlicensed in the City. She recommended denial. Vivian Brooks, CRA Planning Director, announced she recommended denial and agreed with Ms. Horenburger. She added later in the meeting they would be discussing the Residential Incentive Grant, and how the program could be changed to have a better effect on the community. Motion A motion was made by Vice Chair Norem and seconded by Rev. Chaney to approve denial of the request. Motion unanimously passed. IX. Old Business A. CRA Downtown Parking Analysis and Recommendations 3 Meeting Minutes Community Redevelopment Agency Boynton Beach, FL August 8, 2006 Ms. Brooks explained the board had requested staff review the parking in the downtown area. Ms. Brooks gave a PowerPoint presentation on the matter, a copy of which is attached to the backup for the meeting. In summary, staff reviewed the data and acknowledged parking was needed at the recently completed Boynton Beach Promenade. The area was expected to be an activity center as was the Marina, Ocean Avenue, as the downtown corridor between Sea crest and the Intracoastal, and the Mangrove Walk. These areas were within a couple of blocks of each other. She noted the developers create parking for their own projects, not additional public parking. She announced there was a parking deficit of about 2,500 spaces in the Central Business District (CBD) with the greatest deficit at the Marina. Ms. Brooks identified five proposed locations to create public parking. Two of the proposed sites were within a proposed development and staff would work with the developer about designated public parking. Two sites were on unimproved vacant lands and one on improved land. Ms. Brooks noted the proposed capacity that could be achieved within the Ocean Pointe and Ocean One projects showed less of a need for public spaces during the day. In the evening and on weekends almost 800 public spaces would be gained due to offices being closed. At the other locations, there were approximately 100 surface parking spaces each, on an interim basis. Delray Beach instituted surface parking first, and then as demand increased, they were reprogrammed to structured parking spaces. The total parking spaces available from all the sites tallied to 592 daytime surface parking spaces, 1,800 during weekend evenings and 1,100 on weekend days. Surface parking cost estimates were lower than structured. At $30 per foot for surface parking at the three sites, the estimate was $3.9M. This included lighting, paving, land acquisition, construction, marking the spaces, and possibly security. Structured parking was more expensive at $35,000 without land tallied to about $39M, which would have to be phased. Ms. Brooks explained she also recommended the Urban Land Use Shared Parking Calculations, contained in City Code, be amended. The Urban Land Institute revised the Shared Parking Calculations in 2005. She discussed this issue with City staff and indicated a recommendation to the City for the amendment needs to be made. She also noted in the Code, there was a payment in lieu of clause within the Central Business District (CBD) as it pertained to parking, and recommended that clause be extended beyond the CBD to all the mixed-use districts within the CRA area. She recommended staff proceed to negotiate on the five proposed sites to see what kind of figures could be developed or included in the private development projects for public parking. Motion Ms. Horenburger moved approval to authorize staff to begin negotiations with property owners and developers of Ocean One and Ocean Pointe to secure public parking, with priority being the acquisition of private property. Vice Chair Norem seconded the motion and asked Ms Horenburger to include all three recommendations in the motion. 4 Meeting Minutes Community Redevelopment Agency Boynton Beach, FL August 8, 2006 Ms. Horenburger amended her motion to also include staff recommendation numbers two and three. Vice Chair Norem amended his second. Ms. Heavilin noted there was a correction on recommendation number one, which was to add language to the recommendation to read "... begin negotiations with property owners and developers of Ocean One and Ocean Pointe to secure public parking on all sites. . . ." Ms. Horenburger amended her motion to include the additional language. Vice Chair Norem amended his second. Vote Motion unanimously passed. B. Review and Selection of RFP Respondents - Old Boynton Beach High School Ms. Bright announced the proposals were received and evaluated by the selection committee, resulting in two organizations being short-listed. Those organizations were the Boynton Beach Charter Academy School and Five Towns College. Mr. Reardon reviewed the financials of the two proposers, which were also satisfactory. Both organizations were in attendance to make their presentations. Mr. Rick Abedon, Vice President of Acquisitions and Development for Brenner Real Estate Group, began the presentation for the Boynton Beach Charter Academy School and highlighted the following goals: ~ To create a cultural focal point for downtown ~ Improve the grounds for use for public events ~ To make the project financially feasible ~ Have a team in place with the ability to obtain financing and execute the plan The public survey they conducted showed: ~ 65% of the public preferred a combination of publiclcivic and privatelcommercial use for this site ~ 69% wanted to see a public cafe, outdoor recreation area ~ 92% wanted the gymnasium to be used for public entertainment Boynton Beach Charter Academy School was seeking to: ~ Preserve and rehabilitate the Old High School building ~ Have the re-use be consistent with the CRA and resident goals and objectives ~ Create a complimentary use with the Children's Museum, playground and library Mr. Abedon explained the primary user and owner would be the Charter School of Boynton Beach and Harid Conservatory. 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I JH "II r 4TH \ , i , ! I~ ~.~ ~_"'~_-____':__C'i,.'_"C_"-___C___.,_~..~,~,_~:'::":::r~c:;~2:':':::3IT'_-,;;;:~-_:<::;:_:-~~J~;:';~,:':~-:C~-:':~~1;;k~'~-~ n " Capacity of Proposed Sites Potential # of Spaces Site # Name/Area Sq. Ft. of Site 6:00 a.m. - 6:00 p.m. 6:00 p.m. - 6:00 a.m. Part of a Mixed-Use Ocean Pointe Tower/Marina Project 87 250 Part of a Mixed-use 2 Ocean One/Marina Project 205 551 3 1 st/3rd/Ocean Ave. 33,800 113*/385** 113*/385** NE Corner 1st/1st / Town 4 Square 26,400 88*/300** 88*/300** SE Corner 1st/1st! Town 5 Square 29,600 99*/336** 99*/336** *Surface parking spaces. ** Structured parking. 592/1,313 1,101/1,822 Estimated Cost of Surface Parking Site # Potential Number of Surface Spaces Cost Per Space Surface Name/Area Land Cost Const. Cost Surface Total Surface Cost Ocean Pointe Tower/Marina 200 TBD TBD TBD TBD 2 Ocean One/Marina 400 TBD TBD TBD TBD 3 1 st/3rd/Ocean Ave. 113 $ 1,180,800 $ 282,500 $ 1,463,300 $ 12,950 NE Corner 1st/1st! 4 T own Square 88 $ 924,000 $ 220,000 $ 1,144,000 $ SE Corner 1 st/1 st! 5 Town Square 99 $ 1,116,000 $ 247,500 $ 1,363,500 $ 900 $ 3,220,800 $ 750,000 $ 3,970,800 Estimated Cost of Structured Parking Site # Potential Number of Surface Spaces Name/Area Potential Number of Spaces - Structured Total Structured Cost Cost Per Space Structured Land Cost Const. Cost Structured Ocean Pointe 1 Tower/Marina 200 200 TBD TBD TBD TBD Ocean 2 One/Marina 400 400 TBD TBD TBD TBD 1 st/3rd/Ocean 3 Ave. 113 385 $ 1,180,800 $ 13,475,000 $ 14,655,800 $ N E Corner 1st/1st / Town 4 Square 88 300 $ 924,000 $ 10,500,000 $ 11,424,000 $ SE Corner 1st/1st / Town 5 Square 99 336 $ 1,116,000 $ 11,760,000 $ 12,876,000 $ 900 1,621 $ 3,220,800 $ 35,735,000 $ 38,955,800 Creating Downtown Boynton Providing Parking for Future Growth Where Is Parking Needed? D At Planned Activity Centers o The Boynton Beach Promenade o The Marina o Ocean Avenue o Town Square oThe Mangrove Walk The Central Business District ~=;~.~-~.-~ PJ\'ll{ H" -----, .... .._---~ ! "" It ;t ?i a ~ ! ICtLJ :.~ X-AL "I!'..' T.z .IkJh/uJR ~'d.... 1#<:. ~""""".t ~ FIGURE :2 ----- -- <- - ....... .uu lOoti ClIT Of" 80_ IbCq '14>1 ,r,l.CH CIlIIlIl't EUi -.- ..It~ ... '.... .....,-,.. .., ... ~ i Projected Public Parking Demand 2010 Peak Parking Demand (At 100% of No. of Existing Map Area Location Code) * Spaces Surplus (Deficit) A Library/High School/City Hall 984 600 (384) B Boynton Beach Blvd. (Seacrest to FEC) 359 273 (86) C Ocean Avenue (west of FEC) 278 240 (38) South of Ocean Avenue -From NE 3rd St. D and Federal to SE 2nd Avenue 582 291 (291 ) North of Ocean Avenue to Boynton Beach E Blvd., from SE 3rd St. to Federal 469 169 (300) West of Federal Highway to FEC, from F Boynton Beach Blvd. to NE 6th Ave 210 166 (44) East Federal Highway to Intracoastal- From G NE 4th Ave to NE 6th Ave to Intracoastal 394 359 (35) East of Federal Highway to Intracoastal, N. of Boynton Beach Blvd. (St. Marks & H Mangrove Park) 400 359 (41 ) Marina Area* 1,595 593** (1,002) J SE Corner of Ocean/Federal 657 369 (288) 5,928 3,419 (2,509) Proposed Public Parking Locations rCFBIEEEE \ CIIIIITI 4TH o 2 Capacity of Proposed Sites Name/Area Sq. Ft. of Site Potential # of Spaces 6:00 a.m. - 6:00 p.m. 6:00 p.m. - 6:00 a.m. Part of a Mixed-Use Ocean Pointe Tower/Marina Project Part of a Mixed-use Ocean One/Marina Project 3 1 st/3rd/Ocean Ave. 33,800 NE Corner 1st/1st! Town 4 Square 26,400 SE Corner 1st/1st! Town 5 Square 29,600 87 205 113*/385** 113*/385** 88*/300** 88*/300** 99*/336** 99*/336** 592/1,313 1,101/1,822 *Surface parking spaces. ** Structured parking. Estimated Cost of Surface Parking Site # Potential Number of Surface Spaces Name/Area Land Cost Const. Cost Surface Total Surface Cost Cost Per Space Surface Ocean Pointe 1 Tower/Marina 200 TBD TBD TBD TBD 2 Ocean One/Marina 400 TBD TBD TBD TBD 3 1 st/3rd/Ocean Ave. 113 $ 1,180,800 $ 282,500 $ 1,463,300 $ NE Corner 1st/1st! 4 Town Square 88 $ 924,000 $ 220,000 $ 1,144,000 $ SE Corner 1 st/1 st / 5 Town Square 99 $ 1,116,000 $ 247,500 $ 1,363,500 $ 900 $ 3,220,800 $ 750,000 $ 3,970,800 Estimated Cost of Structured Parking Site # Potential Number of Surface Spaces Name/Area Potential Number of Spaces - Structured Total Structured Cost Cost Per Space Structured Land Cost Const. Cost Structured Ocean Pointe 1 Tower/Marina 200 200 TBD TBD TBD TBD Ocean 2 One/Marina 400 400 TBD TBD TBD TBD 1 st/3rd/Ocean 3 Ave. 113 385 $ 1,180,800 $ 13,475,000 $ 14,655,800 $ NE Corner 1 st/1 st! Town 4 Square 88 300 $ 924,000 $ 10,500,000 $ 11,424,000 $ SE Corner 1st/1st / Town 5 Square 99 336 $ 1,116,000 $ 11,760,000 $ 12,876,000 $ 38,321 900 1,621 $ 3,220,800 $ 35,735,000 $ 38,955,800 (j o e e ~ '"1 n .,.. ~ ..... ~ ~ ~ ~ Q. ~ Cl '"1 ~ = ~ ~ '"1 o ~ '"1 ~ e ~ = ..... ~ c:; . ~ ~ .c = ~ rI.} ~ r::r ~ ~ ~ '"1 ~ ~ ~ .,.. = ~ ~ = = o < ~ ~ .,.. o = rI.} ~ '"1 ~ ~ n ~ ~ ~ .,.. o = ~ o ~ >< . o ~ ~ c:; ~ 00 ~ Z ~ 00 00 .. ~~~Y~8~CRA , East Side-West Side-Seaside Renaissance Date: August 30, 2007 Lisa Kallai-Hargrove 310 S. Federal Highway Boynton Beach, FL 33435 HAND DELIVERED TO: Barbara Swiat10wski Dear Ms. Hargrove: The CRA is in receipt your Commercial Fayade Improvement Grant application that delivered to the CRA office this morning by your employee, Barbara Swiatlowski. After a review of the application packet, the following items must be addressed prior to staff's submittal to the CRA Board for their approval of the grant: · Contract with Fence & Gate Depot is dated December 12, 2006, as well as the cancelled check in the amount of $4,000.00 dated 12/20/06 and the cancelled check for $6,700.00 dated 12/3012006, all of which exceed the 90 day limit for reimbursable expenditures. · Two cancelled checks written to Fence & Gate Depot are submitted totaling $3,800.00 with no reference to the product or service associated with the expense. Any eligible improvement under the grant program would require a copy of the paid invoice specific to the item, a copy of the appropriate permit and final permit approval before being considered for reimbursement. · Home Depot receipts have been submitted without referencing 'the eligible expenses that correspond to your grant request. · Home Depot receipts for the purchase of an employee picnic table as well as the expense for the building permit box are ineligible for reimbursement under the grant program. · Copies of two invoices from Hawke & Associates Architects were included but are not considered eligible items under the grant program. At this point the application cannot be processed further. Once we have received clarification and documentation required we can proceed with processing your application. Sincerely, (71~~~ Michael Simon CRA Development Manager Cc: Vivian Brooks, CRA Assistant Director Lisa Kallai-Hargove, Applicant 915 South Federal Highway, Boynton Beach, FL 33435 Office: 561-737-3256 Fax: 561-737-3258 www.boyntonbeachcra.com ~.._. i U) ,;. .'~ M c ~"<t" :((,( U. '~ -t ~ /,t(CZI ~ ~ ~ ~ r: u:: Q.j v; ~..c ~ t: Lf ~ Z<( ~ .p ~ 5=. QJ ::> C tJ.l.l :!2 0 0 V1 VI'" OJ C rrm.fi ~ ~ ~. .. Cl' a:l [~!- ~ ~ ~ {: " ~ ~ ~ I ~ "- G \~ ~ ~ ~ '- :v ~ ~ :~ \) ~ ~ '1 ~ \~ \J ~ ~ ~~. .~ ~ J '. ..... I iJ, ,~:':,;'~~~;':!f~\,~' f\ 'i j~Y~T2~lCRA East Side....West S.lde....Seas.lde Renaissance . BOYNTON BEACH CRA ' AGENDA ITEM STAFF REPORT eRA BOARD MEETING OF: October 9,2007 x I Consent Agenda I Old Business New Business Public Hearing Other SUBJECT: Commercial Fa<;ade Improvement Grant -Innovative Printing & Graphics SUMMARY: Lisa Kallai-Hargrove, owner of Innovative Printing & Graphics, Inc., has submitted an application for a Commercial Fayade Improvement Grant for property located at 810 N. Federal Highway. Ms. Hargrove has completed extensive renovations to both the interior of building as well as various exterior renovations which are applicable for reimbursement. These improvements include fencing, entrance gates, resurfaced parking and landscaping. The improvements are paid in full and appropriate City inspections have been finalized. Various portions of the eligible scope of work are reimbursable under grant guidelines; however, any expenditure paid by the owner prior to 90 days from the date of application is ineligible for reimbursement. The eligibility date for this matter is September 5, 2007. In addition, Mr. George Kallai spoke under "Public Comments" at last month's CRA meeting reporting that his application and documentation had been lost for property 310 N. Federal Highway. At the time of his application, the independent CRA did not exist and the program was executed through the Development Department of the City. For the Board's convenience, staff has included City correspondence issued on February 20,2007 addressing the matter. FISCAL IMPACT: $15,000 maximum-General Revenue line item:57200-238. RECOMMENDA TIONS: Approve the application for Innovative Printing & Graphics. Michael Simon Development Manager' T:\AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS\Completed Agenda Item Request Forms by Meeting\FY 2006-2007 Board Meetings\07 -10-09 CRA Board Meeting-October\lnnovative Printing-Lisa Hargrove facade grant doc I'age I oj ] Simon, Michael From: Bright, Lisa Sent: Tuesday, September 11, 2007 3:40 PM To: Brooks, Vivian; Simon, Michael; Buckley, Ashley Subject: Marketing Innovations I returned a msg to George at ALL three numbers (he did not pick up or answer any of those numbers) To that end, I stated a conference call was held with his daughter, Lisa, to advise her that someone from her staff needed to secure the fence permit from the City for us to consider reviewing the documentation. The permit is a REQUIREMENT for the submittal package to the board and it is the responsibility for the individual wishing for the grant reimbursement to secu re it. If he calls again and I am not available, please let him talk to Vivian Lisa Lisa A Bright Executive Director Boynton Beach Community Redevelopment Agency 915 S, Federal Highway Boynton Beach, FL 33435 561,737.3256 - Office 561.236.8838 - Mobile 561.737.3258 - Fax email: brightl@ci.boynton-beach.fl.us 9/12/2007 Boynton Beach Community Redevelopment Agency MEMO Date: September 7,2007 To: Lisa Bright, CRA Executive Director From: Michael Simon, CRA Development Manager Re: Commercial Fa~ade Improvement Grant Application: Lisa Hargrove Attached is the Commercial Fa9ade Improvement Grant application delivered Wednesday, September 5, 2007, in the afternoon for the property located at 810 N. Federal Highway. The application was delivered by Mr. George Kauai, Ms. Hargrove's father. After reviewing the packet as delivered, numerous defiencies exist in the grant application packet that will prevent it from being placed on the Board's September 11 th agenda for approval. Most notably, the application is without any copies final inspections for the fence which is one of the items they are seeking reimbursement. I had met with Ms. Hargrove's assistant, Barbara Swaittowski Friday morning, August 31 st to go over the packet that was originally dropped off by Ms. Swiattowski on August 30th. I have attached the letter written to Ms. Hargrove that specifically lists the problems with the application. The letter, already metered stamped, was taken by Ms. Swiattowski on August 31 st and I was told she would deliver the letter to Ms. Hargrove personally. Unfortunately, it appears that none of the items discussed with Ms. Swiattowski or stated in the letter were remedied before Mr. Kauai brought the application back to us. If you have any questions or concerns, please let me know and I will address them accordingly. Pat!e ] oIl Simon, Michael From: Simon, Michael Sent: Monday, October 22,20073:42 PM To: Brooks, Vivian Cc: Bright, Lisa; Buckley, Ashley; Harris, Susan Subject: RE: Marketing Innovations Attachments: Sprdsht of Expenses for Reimbrsmnt-Hargove.xls Hi Vivian: I have attached the spreadsheet (saved on the T:drive) of the expenses submitted with the Hargrove application. You will notice that the total has changed from my previous email. It appears that one of the Home Depot expenses was actually a duplicate payment that I counted twice. Please let me know if you would like me to make any changes to the format. Michael Simon Development Manager Boynton Beach eRA 915 S. Federal Highway Boynton Beach, FL 33435 Off-(561) 737-3256 Fax-(561) 737-3258 From: Brooks, Vivian Sent: Friday, October 19, 20072:50 PM To: Simon, Michael Cc: Bright, Lisa Subject: Marketing Innovations I spoke to George today. I told him to call you Monday and make an appointment with you and I to go over the information that was presented to us so he can understand how we are getting the reimbursement amount. Can you please make an excel spreadsheet arranged in date order of the expenses submitted to us? That way he can see what we are talking about. Hopefully anyway. Vivian L. Brooks Assistant Director Boynton Beach Community Redevelopment Agency 915 S. Federal Highway Boynton Beach, FL 33435 561-737-3256 561-737-3258 FX brooksvi@ci.boynton-beach.fL us ] 0/22/2007 August 28, 2007 o innovative GRAPHICS & PRINTING SCOPE OF WORK: Innovative Printing & Graphics, Inc. 8 I 0 North Federal Highway Boynton Beach, FL 33435 -\'\ ' (I) Fabrication and installation of 6' black aluminum decorative fence to be 1.~tafle~ :,; across the front of edge property on Federal Highway. (2) Install 20' black aluminum decorative slide gate across driveway (3) Install electric gate opener and provide (5) hand held remotes. (4) Fabrication and installation of 6' black chain link fence around the remaining (3) sides of property. Total costs: $14,500.00 ND Work completed by: Fence and Gate Depot Paid in full: July 13,2007 (see attached cancelled checks) (5) Purchase and install decorative reed fencing to the chain link fence around three sides v" of property to provide neighbors with privacy. Total costs: $255.39 Ir:~-<- OeP.r Labor provided by property owner; all materials purchased at Home Depot in Boynton Beach (see attached cancelled checks and itemized billing statement) (6) Clean and repair existing black top in parking area. Repairs include but not limited to patching holes, cleaning and remove old oil and tar, seal new and old black top with /" approved sealant, paint parking space lines, and purchase necessary tools to complete tasks. :? ('s. 77' (7) Install handicap sign, sign post, paint handicap parking space with approved color I' and paint handicap bumper with approved color. (8) Purchase, build, and paint picnic table to be installed in front area for employees. ND (9) Purchase and install white marble chips and mulch around parking area. / phone> 561.742.2994 fax> 561.740.3833 3105 Federal Highway, Boynton Beach, Florida 33435 web> www.markinno.com OOSI: $1046.55 innovative Labor provided by property owner: all ~~1'itrchased at Home Depot in Boynton Beach (see attached cancelled checks and itemized billillg statement) (J 0) Install permit sign box for work done at said property. ~rv Total cost: $ 41. 34 Total cost of work: $ 15, 843.28 Time line for scope of work: (1) Fence construction to begin on June 26.2007 and completed on July 13,2007. (2) Reed fence purchased June 19, 2007 and installed and completed on June 28, 2007, (3) Parking lot repairs and upgrades stmied: June 18, 2007 and completed on August 4. 2007. (4) Picnic table purchased on July 16,2007. assembled and installed on August 1,2007. Evidence of financial ability to support projects: Cancelled checks provided, copies of front and back for scope of work detailed above, Note: No business sign installed, paint chips not provided, building was painted and completed over 180 days ago. phone> 561.742.2994 fax> 561.740.3833 310 S Federal Highway, Boynton Beach, Florida 33435 web> www.markinno.com August 28, 2007 o f/c6 h- r t/~- ij-so'j 6/ ';,iI',JV.,"! ..,. innovative GRAPHICS & PRINTING SCOPE OF WORK: Innovative Printing & Graphics, Inc. 8 I 0 North Federal Highway Boynton Beach, FL 33435 (I) Fabrication and installation of 6' black aluminum decorative fence to be installed across the front of edge property on Federal Highway. (2) Install 20' black aluminum decorative slide gate across driveway (3) Install electric gate opener and provide (5) hand held remotes. (4) Fabrication and installation of6' black chain link fence around the remaining (3) sides of property. Total costs: $14,500.00 ND Work completed by: Fence and Gate Depot Paid in full: July 13,2007 (see attached cancelled checks) (5) Purchase and install decorative reed fencing to the chain link fence around three sides v of property to provide neighbors with privacy. ' Total costs: $255.39 I~~<- l)ep.f Labor provided by property owner; all materials purchased at Home Depot in Boynton Beach (see attached cancelled checks and itemized billing statement) (6) Clean and repair existing black top in parking area. Repairs include but not limited to patching holes, cleaning and remove old oil and tar, seal new and old black top with / approved sealant, paint parking space lines, and purchase necessary tools to complete tasks. :5 (J, 77' (7) Install handicap sign, sign post, paint handicap parking space with approved color ..r and paint handicap bumper with approved color. (8) Purchase, build, and paint picnic table to be installed in front area for employees. ND (9) Purchase and install white marble chips and mulch around parking area. / phone> 561.742.2994 fax> 561.740.3833 3105 Federal Highway, Boynton Beach, Florida 33435 web> www.markinno.com r; ~~: ,. Oos,: $1046.55 innovative Labor provided by property owner: all ~~'~chased at Home Depot in Boynton Beach (see attached cancel led checks and itemized billihg statement) (] 0) Install permit sign box for work done at said property. ~'\) Total cost: $ 4] .34 Total cost of work: $ J 5, 843.28 Time line for scope of work: (]) Fence construction to begin on June 26. 2007 and completed on July 13. 2007. (2) Reed fence purchased June] 9,2007 and installed and completed on June 28. 2007. (3) Parking lot repairs and upgrades staJ1ed: June] 8,2007 and completed on August 4. 2007. (4) Picnic table purchased on July] 6, 2007, assembled and installed on August I, 2007. Evidence of financial ability to support projects: Cancelled checks provided, copies of front and back for scope of work detailed above. Note: No business sign installed, paint chips not Pl.ovided, building was painted and completed over 180 days ago. phone> 561.742.2994 fax> 561.740.3833 3105 Federal Highway, Boynton Beach, Florida 33435 web> www.markinno.com August 30, 2007 Michael, o innovative GRAPHICS & PRINTING '/ -.: lJ;..' " . f'.:,,' This package contains the original pictures of 810 No. Federal Hwy, before and after. Per our conversation I did not make copies of the pictures. Barb phone> 561.742.2994 fax> 561.740.3833 3105 Federal Highway, Boynton Beach, Florida 33435 web> www.markinno.com August 28, 2007 o innovative GRAPHICS & PRINTING SCOPE OF WORK: Innovative Printing & Graphics, Inc. 810 North Federal Highway Boynton Beach, FL 33435 (1) Fabrication and installation of 6' black aluminum decorative fence to beJristalle-d across the front of edge property on Federal Highway. . -^ . . (2) Install 20' black aluminum decorative slide gate across driveway v j~\~ Ri-'/ ,1 (3) Install electric gate opener and provide (5) hand held remotes. (4) Fabrication and installation 0[6' black chain link fence around the remaining (3) sides of property. Total costs: $14,500.00 Work completed by: Fence and Gate Depot Paid in full: July 13,2007 (see attached cancelled checks) (5) Purchase and install decorative reed fencing to the chain link fence around three sides of property to provide neighbors with privacy. Total costs: $255.39 Labor provided by property owner; all materials purchased at Home Depot in Boynton Beach (see attached cancelled checks and itemized billing statement) (6) Clean and repair existing black top in parking area. Repairs include but not limited to patching holes, cleaning and remove old oil and tar, seal new and old black top with approved sealant, paint parking space lines, and purchase necessary tools to complete tasks. (7) Install handicap sign, sign post, paint handicap parking space with approved color and paint handicap bumper with approved color. (8) Purchase, build, and paint picnic table to be installed in front area for employees. (9) Purchase and install white marble chips and mulch around parking area, PrlL \b~~ f- (;;?t) phone> 561.742.2994 fax> 561.740.3833 310 S Federal Highway, Boynton Beach, Florida 33435 web> www.markinno.com OOS1: $1046.55 innovative Labor provided by property owner: all ~r~'fmrchased at Home Depot in Boynton Beach . (see attached cancelled checks and itemized billing statement) or work done at s . Total 4 Total cost of work: Time line for scope of work: (I) Fence construction to begin on June 26, 2007 and completed on July 13,2007. (2) Reed fence purchased June 19, 2007 and installed and completed on June 28, 2007. (3) Parking lot repairs and upgrades started: June 18,2007 and completed on August 4, 2007. (4) Picnic table purchased on July 16,2007, assembled and installed on August 1,2007. Evidence of financial ability to support projects: Cancelled checks provided, copies of front and back for scope of work detailed above. Note: No business sign installed, paint chips not provided, building was painted and completed over 180 days ago. phone> 561.742.2994 fax> 561.740.3833 310 5 Federal Highway, Boynton Beach, Florida 33435 web> www.markinno.com From: 06/01/2007 16:36 #152 P.002/00S "- ~ f ' ~~Y~T8~fr East Side~West Side~Seaside Renaissance 2006/2007 COMMERCIALFA~ADE IMPROVEMENTS GRANT PROGRAM PROGRAM AGREEMENT Boynton Beach Community Red.~~19Rm<<u~t Agen~y - PROGRAM REGULATIONS 1. The Applicant agrees not to alter, renovate, or demolish the new fac;ade for three years, commfitnclng at the time final Inspection by the CRA Is completed. If violated by the applicant', the eRA may choose to require grant fund repayment, enforced by property lien. 2. The eRA will consider approval of grants for exterior improvements to a building whIch does not face a recognIzed street. The exterior rear of a building facing an alley way will also be considered. 3. A minimum of three (3) inspections by the eRA are required. Those minImum CRA inspections are (1) before starting work, (2) during work and (3) final inspectIon. More inspectIons may be requIred by the eRA. It Is the sole responsibility of the Applicant to schedule inspectIons with the eRA and City. These inspectIons In no way are substitutes for requIred CIty Inspection$ and compliances. 4. The property owner, or tenant If applicable, must complete the fa9ade Improvement project withIn six (6) months of the grant award. Failure to complete the fac;ade improvements in a timely manner will result in the property owner, or tenant If applicable, losing the grant reimbursement opportunity. The Board may consider time extensions. REIMBURSEMENT REGULATIONS 1. This program is designed as a reimbursement grant. That is, all work must be done and paid for by the Applicant, prior to the CRA's funds being released. The CRA will provide reimbursement to the grantee upon submittal of a complete Reimbursement Request and approval of completIon by the CRA Board. From: 06/01/2007 16:36 #152 P.OD3/00S 2. Reimbursement Request shall be summarized In a report and accompanied by proper documentatIon. Proper documentation will consist of (1) Project accounting including Invoices. receipts or other aoceptable evidence of payment from suppliers and licensed contractor(s) that tiav~ been marked upald" with a "release of lien" signed by each.' Proposals for "v,rorf< to be completed. or "bids" are not considered proper documentation. Each item wlfI be sl,Jpported by a canceled check showing the face of the check, as well as the back of th, canceled check, (2) the Applicant shall warrant that ~lIi bills related to the Project are paid in full including, but not limited to, all contractors, subcontracts, labor, materials. related fees and permits, and (3) the Application for re-imbursement shall provIde a minimum of four 3"x5" color "during" photos and a minimum of four 31ixS" color Natter" photos of the Project. Photos should be from' approximately the same position as the "before" photos submitted In the Application and the "during" photos. 3. The Reimbursement Request from the ,Appli.cant.$Ral/b.e submitted no later than the 15th. of the month for consideratIon by the eRA Board at its next month's meetIng. Reimbursement shall be Issued fifteen (1S) days after approval. 4. Grant funds will be reimbursed eXClUSively for approved work, approved change orders ~nd only for work t~at has been performed .!fI!! the grantee has received notification that the Grant Application has been approved by the CRA. 5. Grantees may not submit 1aQ8de work improvements for reimbursement which have been used as reimbursement requests in any other grant program offered by the CRA, City, Palm Beach County or the State of FloriQa. The Fal;8de Grant program will only honor new expenditures that have not been sU,bmitted under other grant programs. The Fa98de Grant program may only be used one time for anyone property; however, property owners may receive grants for multiple property locations. Applicants shall be limited to one grant per eRA bUdget year (October 1tl to September 30th). 6. Gra,ntees shaU grant the CRA andlor the City of Boynton Beech the rights and '._ ",11 ,A, 1 luee of hotos and project appl/catIon materfals. '(;J<?~ ) ~ .-:12 -?1 "'- " (Date) 2.-1-7-01 (Date) ~ CRA Director (Date) 2 From: 08/01/2007 18:38 #152 P.004/00S ~~ rm :~~q~N"f8~ . - A h ';;'If, -~ East Side~West Side~Seaside Renaissance 2006/2007 COMMERC~LFACADEIMPROVEMENTG~TPROGRAM . APPLICATION FORM.' . Boynton Beach Community Redevelopment Agency Maximum Grant Amount is $15,000.00 (Please Print Or Type Only.. Use AdcUtlonal Sheets If N8CM$aty) APPLICANT INFROMAnON Name of Property Owner: Lls,4- f..(~ U-I-:j- 1 - /-1 A 1.2. G t2 D L/G" Address of Property Owner: 51D :so. t:€O€1eA-L I-Iwy , City/State: J3oYM.rt:J/U. /3 i?AC H-J r:::L Zip Code: 33tf3:5 Phone # Day: 5~ I-It.{ Z - L qqt{- Evening:.52.P 1- tfy I - Z& 87 Legal owners and leg.1 descriptIon of the property to be improved (p/ean attach copy /. .Q1 f~lTanty deed and IN.e, "applicable): U ~.;S14 j.(t4LL/41.., IfA-t2 ~ f) 0 VB"' _ Ol/../'/V ErI2. (f;) R.~I '-- ~e I ^-J 'rJ III <-7 &Ny:ir-l-/..t ~J If Different from Property Owner Name of Business: hNDVJ4-/f(/C ikul.i rltl.l~ r/ (}teA-Pi-IlC- S, .IA/ C , Addr988 of Business: Bro AID ~EDEte4'L HNV , , City/State: &M.[ro/J &..17'1 f::L ZIp Code: 33L!35' , , From: 06/01/2007 16:37 #152 P.005/00S Phone # Day: 901- 7t/z- zll1t/ Evening: f/bA/ Ttl1/9 BUStlV_E'S3. l?e-rl4-)L ;JEW ;Z 5~/..-lfl//- 248'7 Type of Business: Years of Operation: Number of Employees: Annual Payroll: << / tJ tr, fr 10., t'iJ Number of Employees resIding in Boynton Beach: 2- PROGRAM GUIDELINES The following guideUnes are intended to infonn a potential grant appfioant of the extent and scope of the program. The pUrpose of the program Is to encourage commercial property owners to upgrade theIr propertIes by improving the external appearance of their busIness and to encourage businesses.to invest. in-their operatlon6~ The result will halt deterioration,. stabilize property values, improve and upgrade appearance of the area, and facilitate and encourage redevelopment actMty In the target area. The following 'guidelines .re applicable to this program: 1. The program Is available c;mly for property located within the' Community Revitalization Areas of the Boynton Beach Community Redevelopment Agency (eRA). Note: See attached FaQ8de Grant Area Map. 2. The program is for commercial properties and busInesses. The property owner must be the applicant. However, if the property is currently leaSed to a tenant. then the Application and Agreement must be jointly ex~uted_ by both the owner and the tenant. 3. EligIble exterior improveme,nts for this program Include: · Painting. · Shutters. · Signage (located on the building or the property). · Awnings/canopies. · Doorslwindows. · Landscaping around the building. · lnigatlon. · Parking lot re-paving, re-seallng, re-striping. · Exterior Lighting. · Patio or decks connected to the bUilding. · Exterior waif repaIrs (e.g. stucco, brick or wood repairs and replacement). · ADA improvements. 4. All \/VOrl< mY!! be in compliance with applicable Soynton Beach BuildIng Codes and ~ all contractors mv~t be licensed In Boynton BeachlPalm Beach County. If the Appf/cant(s), installs enhanced landscaping and or signage it must be in accordance wlth City Ordinance No. 98-43. 2 From: 06/01/2007 16:37 #152 P.OOS/OOS 5. Maximum Grant amounts: The eRA will provide7 on a relm~u...em.nt basi., a dollar for dollar matchIng grant for eligible faoade improvements up to a total of fifteen thousand dollars ($15,000.00) of eRA funds. 6. The Fa~de Grant program will honor expendItures completed up to 90 days prior to application. improvements underway and proposed improvements. 7. The Fa98de Grant program may only be used one tIme In any three year period for anyone property. Properties may re-apply for addftlonal grants any time after three (3) years from previous grant approval. Project phasing of up to two years can be requested. Property owners may reoelve grants for multiple property locations. Applicants shalf be limited to one grant per eRA bUdget year (October 1 It to September 30th). 8. The scope of work that is to be pal(1 for. wittt .GRA .funds ,fot must be completed no later'than 120 days from the approval of the grant by the eRA Board, 9. DisburSement of grant funds shall only occur if the fallowing conditions are met: a. b. c. eRA has receIved copies of executed oontracts, canceled checks (front and back) and proof that the work has been approved by the City BUilding Department. Entire scope of work is completed. Applicant provides "Afteri photos. 3 I='rom: 7. OS/01 /2007 16: 37 f:i152 P.007/009 APPLICATION PROCESS 1. . An applicant s~ek'ng a project grant may secure an application from the Boynton Beach Community Redevelopment Agency (ORA) located a't915 S. Federal Highway, Boynton Beach. 561..737-3256 An original application and eight (8) copies of all materials are to be returned to the Boynton Beach Community Redevelopment Agency for review and approval by the eRA Board. Applications will be considered on a first-comet first served basis.. Applicants must take the necessary steps to insure that their submitted application Is properly time stamped to document receipt by the eRA. 2. 3. Upon approval, appropriate grant program documents will be prepared in the eRA Attorneys office and the applicant will be notified of approval by return mail. . ,'. - ...",. '. .' ". 4. .. The eRA wilf admlr'llster the commercial exterioffacade program. In addition to the apprOpriate' City inspections. the eRA will inspect the work to determine satisfa~ory completion of the \\IOrk. 5. Applicants may not have any outstanding City of Boynton Beach liens against their property. In the event. that an Applicant has an outstanding City of Boynton Beach lien against the property. the grant will not be awarded until the complete satisfaction of the lien. 6. Applicant shalf obtain, read and understand all aspects of the FaQade Grant Program Agreement. Including Program and Reimbursement Regulations. . ..- Application to this Program is no guarantee of funding. Funding is at the sole discretion of the CRA Board. r 4 From: 16/01/2007 16:38 PROJECT INFORMATION Describe improvements to be done to the property. Attach the following items: '152 P.008/00S · Project work wrlte-up(s) df;!scriblng In detail the scope ofthe project, · Plans or sketches If applicable, · Site plan and plant list for landscape projects, · Third-party cost "tlmates from three (3) licensed oontractors, . Estimated time line, II : Evidence of financial abUity to pay for the project (approved losn, cash acco I,J nt, line of credit, etc.). · A minimum of four (4) 3" x 5" color "before" photos of the project which must Include j'pubfic views", . ,. _ ' · Slgn~ge d~slgn with colors & materials:pmposed'if appiicable, · Project color chips I material samples if applicable, '. · And material specifications. Applicable documents must be attached for the Application to be processed. By signing this Application, I acknowledge that I have received and read a copy of the Program Agreement. and I understand and agree to comply with Its content. 2-:2Z-()7,~, 1)-d-d-07 (Date) ~~C') - . (Date) (Property owners sIgnature must be notarized) L t- 22'67 (Date) ~,q-rne Tenant/Business Owner (Date) eRA Director (Date) 5 From: '8/01/2007 18: 38 #152 P.OOS/OOS STATE OF FLORIDA, COUNTY OF PALM BEACH BEFORE ME, an officer duly authorized by law to administer oaths and take aoknowledgements, personally appeared L~/J- /:::4-.LLi4r _/,f4iRt:;'/2Q/..,c;-;;,...,.. ;.. ........___i1." L~_ application/backup documentation not later than the following Wednesday, September 5th, in order to process the agenda item for the Board meeting on September 11 tho 9/05/07 - Mr. Kallai returned the application packet but not all of the corrections had been made. One of the items of importance, the fence permit final~ was included but overlooked by staff. Because of the late date and time constraints surrounding the preparation of Board agenda packets, the grant application was in included in the Board's packet for the September 11 tli meeting. 9/11/07 - Mr. Kallai and Ms. Hargrove attended the CRA Board meeting and expressed their disappointment in the grant application process and felt they were not given the assistance they needed. The CRA Chairman, Commissioner Jerry Taylor, instructed staff to work with Ms. Hargrove to address any deficiencies and assist them in getting the grant back on a future agenda. 9/12/07 - Staff reviewed the application documents and found the fence permit final in the file and phoned Ms. Hardgrove to inform her that the application would appear on the October 9th Board agenda for approval. 10/9/07 - Staff placed the completed grant application on the CRA Board agenda. The approved Board approved the grant application under the Consent Agenda. 10/12/07 - Staff sent the award letter to Ms. Hargrove on October 12, 2007. Because the application was submitted for work and expenses already completed, staff began processing the reimbursement check for all eligible expenses under grant guidelines. The grant program is a reimbursable grant up to $15,000.00. For every'dollar spent by the applicant; the CRA will reimburse 50% to the maximum grant amount. In this case, the eligible expenses totaled $4,990.97 and the CRA would reimburse the applicant $2,495.49. 10/19/07 - Mr. Kallai and Ms. Hargrove contacted Lisa Bright, CRA Executive Director to inquire as to why they were not receiving a check for $15,000 as the grant indicated. Ms. Bright explained the conditions of the grant, the terms of reimbursement and the amount that the CRA was disbursing. Mr. Kallai wanted a meeting with CRA staff to discuss these issues and after several attempts to contact Mr. Kallai and Ms. Hargrove, a meeting was scheduled for November 2nd at 11 am. 11/2/07 - Vivian Brooks, CRA Assistant Director, met with Mr. Kallai and Ms. Hargrove to review the eligible expenses and explain the grant program parameters. After a two hour discussion, the applicants felt they were entitled to the full $15,000 and wanted Ms. Brooks to take the matter back to the CRA Board. Ms. Brooks told them she would place the item on the November 14th Board agenda. The meeting ended. August 28, 2007 o innovative GRAPHICS & PRINTING Boynton Beach CRA 9 15 South Federal Highway Boynton Beach, FL 33435 Ref.: Project accounting for 810 No. Federal Highway Mr. Michael Simons, Attached please find the receipts, cancelled checks, before and after pictures, and eRA paperwork for our property in Boynton Beach. I hope you find this package complete and the CRA approval process can be executed. I look forward to working with the CRA and yoursel f. j {~ ,eu--- ~/ I Barbara Swiatlowski j I phone> 561.742.2994 fax> 561.740.3833 3105 Federal Highway, Boynton Beach, Florida 33435 web> www.markinno.com August 28. 2007 o innovative GWHICS & PRINTING SCOPE OF WORK: Innovative Printing & Graphics, Inc. 810 North Federal Highway Boynton Beach, FL 33435 _(.//i 1,:,- (I) Fabrication and installation of 6' black aluminum decorative fence to be installed across the front of edge property on Federal Highway. (2) Install 20' black aluminum decorative slide gate across driveway (3) Install electric gate opener and provide (5) hand held remotes. (4) Fabrication and installation of6' black chain link fence around the remaining (3) sides of property. Total costs: $14,500.00 Work completed by: Fence and Gate Depot Paid in full: July 13,2007 (see attached cancelled checks) (5) Purchase and install decorative reed fencing to the chain link fence around three sides of property to provide neighbors with privacy. Total costs: $255.39 Labor provided by property owner; all materials purchased at Home Depot in Boynton Beach (see attached cancelled checks and itemized billing statement) (6) Clean and repair existing black top in parking area. Repairs include but not limited to patching holes, cleaning and remove old oil and tar, seal new and old black top with approved sealant, paint parking space lines, and purchase necessary tools to complete tasks. (7) Install handicap sign, sign post, paint handicap parking space with approved color and paint handicap bumper with approved color. (8) Purchase, build, and paint picnic table to be installed in front area for employees. (9) Purchase and install white marble chips and mulch around parking area. phone> 561.742.2994 fax> 561.740.3833 310 S Federal Highway, Boynton Beach, Florida 33435 web> www.markinno.com Oost: $1046.55 innovative Labor provided by property owner: all nfltt~t'nt~'fmrchased at Home Depot in Boynton Beach (see attached cancelled checks and itemized billi;,g statement) (lO) Install permit sign box for work done at said property. Total cost: $ 41.34 Total cost of work: $ 15, 843.28 Time line for scope of work: (]) Fence construction to begin on June 26, 2007 and completed on July] 3. 2007, (2) Reed fence purchased June] 9, 2007 and installed and completed on June 28. 2007, (3) Parking lot repairs and upgrades started: June] 8, 2007 and completed on August 4. 2007. (4) Picnic table purchased on July] 6,2007. assembled and installed on August 1. 2007, Evidence of financial ability to support projects: Cancelled checks provided, copies of front and back for scope of work detailed above. Note: No business sign installed, paint chips not provided, building was painted and completed over 180 days ago. phone> 561.742.2994 fax> 561.740.3833 3105 Federal Highway, Boynton Beach, Florida 33435 web> www.markinno.com P ~count Statement ,~:y:>~<:~~: I'" ,<,'"' . \ .,~ ~,;(~,i).:~.:.~: ;:ll~'i ~"-.&.~ ~ht.",., l.HIJill~,;: 'Yv-d'h fl.,,: 110111<' lhp"" CJ "dit Cwd uJ homedepot.com '~ Send Notice of Billing Errors and Custom. Jervice: Customer Service Inquiries to; www.myhomedepotaccount.com HOME DEPOT CREDIT SERVICES _ PO BOX 689100, DES MOINES JA 5036{l-9100 Closing Data Next Closing Dale Credit Line Credit ~lIable Payment Due Date JULY 17, 2007 AUGUST 16 2007 AUGUST 12, 2007 Opening Balance Payments &: C!Fedits PUrChasllS/Other Charges FINANCE CHARGES Jolving Balancet $317,67 $317.67 + $1,565.40 + $000 Promotion Balance $0,00 - $0.00 $496.81 $0,00 I Total Blllance $317.67 $317.67 $2,062.21 $0,00 t Revolving 8allU1ce includes non-promotional transactions plus Special Promotions that have expired. CURRENT ACTIVITY Transaction Date Location/Transactions SEE BACK OF STATEMENT FOR INFORMATION ON GRACE PERIOD AND PROMOTIONAL OFFERS. 06118 THE HOME DEPOT BOYNTON BEACH FL BUILDING MATERIALS 06/19 THE HOME DEPOT BOYNTON BEACH FL SEASONAUGARDEN 06/19 THE HOME DEPOT BOYNTON BEACH FL PAINT 06/21 THE HOME DEPOT BOYNTON BEACH FL BUILDING MATERIALS SEASONAUGARDEN 06122 THE HOME DEPOT BOYNTON BEACH Fl SEASONAUGARDEN 06/26 THE HOME DEPOT BOYNTON BEACH FL PAINT 06/26 THE HOME DEPOT DELRAY BEACH Fl BUILDING MATERIALS 07/02 THE HOME DEPOT BOYNTON BEACH FL KITCHEN AND BATH FLOORING PLUMBING PROMOTIONAL PURCHASE: To avoid finance charges, please pay the above In full by 07/08/2008 f Paymenl must be received by 500 p.m local lime on AUGUST 12, 2007 Minimum Payment Due- $16.00 New Balilnce $1,56540 $496.81 $2,062,21 Amount $ 19.9!l $ 255.29 ~ $ 34.00 $ 275,54 .,// $ 22.55 $ 12.72~ $ 262,661" $ 496.61 I Pj~~;CJ~.9 j',fjr<i):f ~'.u U'S':ie 40;:;1' pag;J2J o'f )fOUit ac(otlnt statement for important iii~::;iI',tvdim~:;; Gin how i\":/i :read your new and improved statement. r ANNUAl PERCENTAGE RATE on"the account: 21.00%" 1 .. The ANNUAL % AA IE inc;ludes all periodic and min, flnance charges In this period and Is Calculated based on all balances with finance ch~ges assessed iIJId could be higher than any Corresponding APR due to expired promotions or minimum finance charges. Page 1 0' 5 This Account Issued by Cillbank (South OlIkota), N.A. continued on next page )',;i~1' ~)>~;~ \l'.~ ... Pie.... detach here. ---------------------------------------------------------------------------------------------------------------------------. Your Account Number 6036 3201 4246 4732 Amount Past Due $0.00 New Balance Minimum Payment Due $16.00 - Amount Enclosed $;)OI...tJ.;)1 Payment Due Date AUGUST 12,2007 $2,062.21 lake Checks Payable to: OME DEPOT CREDIT SERVICES Take advantage of 'Do-It-Yourself Convenience' when you View, Manage and Pay your account online @ myhomedepotacoountcom 035320142464732020622100317870001600103 - iiiiiiii K8AVHOI 3.7/17/07 38254D 7A 1,1 II" ,II "I. ,i"lI" 1.1.. 1..11.1,,,,11.11,,,,"11I1....1.1,1 LISA M KALLAl HARGROVE ' , g10 S FEDERAL HWY IOYNTON BEACH, FL 33435-4930 HOME DEPOT CREDIT SERVICES PROCESSING CENTER DES MOINES, IA 5036+0500 1.1.',11".. ,11"11.,, 1..11I.... 1.1.11.. ,II" ..1.',,1.1, '11I/1 ~ !!!!!!! !ir ;;; - !!!!!: r 'lddres. changes abo_e. iiii ~ Accoun!:6035 3201 4246473" CURRENT ACTIVITY Transaction Dahl 07/02 !! 07/04 07/07 ~ iii 07/07 ~ - ~ - !! iii - !! ii ii . !! 07/09 07/14 07/15 07/16 07/16 Previous Promotion Balance Billed FINANCE Payments CHARGES & Credits SPECIAL PROMOflONS Original Transaction Transaction Amount Date $496.81 07/02107 NO INT-NO PMT FOR 12 MOS Expiration Date 07/08/08 LocationfTransaction$ THE HOME DEPOT BOYNTON BEACH FL ELECTRICAL AND LIGHTING PAYMENT-THANKYOU THE HOME DEPOT BOYNTON BEACH FL BUILDING MATERIALS THE HOME DEPOT BOYNTON BEACH FL SEASONAUGARDEN PAINT HARDWARE THE HOME DEPOT BOYNTON BEACH FL SEASONAUGARDEN THE HOME DEPOT BOYNTON BEACH FL PAINT THE HOME DEPOT BOYNTON BEACH FL PAINT PLUMBING THE HOME DEPOT BOYNTON BEACH FL SEASONAUGARDEN LUMBER HARDWARE FLOORING THE HOME DEPOT BOYNTON BEACH FL BUILDiNG MATERIALS HARDWARE Amount $ 458 $ j '/87 --- 5811 $ liB 95 $ 114.75 $ 7872 ,.' $ 134 13 .---/ $ 1 63.25 $ 999 New Accrued Promo Promotion FINANCE Monthly Balance CHARGES' Payment $496.81 $4,59 PERIODIC Other FINANCE FINANCE CHARGES CHARGES 'To avoid paying Accrued Finance charges you must payoff your promotion balance by the Expiration Date shown RNANCE CHARGE SUMMARY Balance Corresponding Days In Subject to Daily ANNUAL Billing Finance Charge Periodic Rate PERCENTAGE RATE Period Current BillIng Period NO INT-NO PMT FOR 12 MOS $249.47 0.05753%(C) 21.00% 32 REGULAR REVOLVE CREDIT PLAN $0.00 0.05753%(C) 21.00% 32 Convenience and good looks - side by side The Adora Serles by GE slde-by-side refrigerator is loaded witn innovative features designed to make every kitchen more functional.. and more beaulifull It oHers tne ultimate in convenience, such as: Refreshment Center with convenient in-door access to your ramify's favorite foods and drinks. The Ultra Flow 100 - the fastest filling water dispenser in the industry. Freezer organization inclucing three baskets and modular door bins. It's available in a variety of colors including Smoolh White, Smooth Block, Grapnite Metallic, CleanSteel & Slain/ess Steel. And as an ENERGY STAR" qualified refrigerator, it's as efficient as It is stylish and practical. {~ fIQ. ~ ~'. ',' C:i\ Buy yours today' Exclusiv.1y at Th. Ho.... I)e~~ Take advantage of special deferred finanCing when you use The Home Depot Consumer Credil Card. See slore for details. Page 2 01 5 Adora Sari... by GEe 2!L 9 Cubic Fee' Side-by-Side Refrigerator Model' DSD26DHWBG 1927.()67j Shown . , r lUll V!l::W t'age 1 or 1 IOillDDDUlo1' .ua 10".1 i! 0 111 ,..:nO~'6&a.l!o "" 1;;1 Cl rv Jllls 1,$ a LE:GAL,COP'f lJ! ..... YOUf ~tle~k. 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I" ,Oei~O..1. . .. - ,',.. ."" -' ~~.(16 '7ROo'Wa Px~.~:-o iSi':i.. L- 'U v: r , 84' 0 .0'J..r.008696-. ,..~. _~~~ '..... '.." cI :.:..'~ '. ~::J~ ~.~:. .~~; 7':':''';,~ ,-t" ;"l,..,' ~ .; ~0rJ__"''''_~ https://iiprd.metavante.orgliiIPrintImagev2.jsp V 00 'd 8/28/2007 ~V SO: II I~j LOOG-l8-9nV ItC\ I:: I: ::: ~~YLn #224 " ,~', ,.: ~ I <\E I I 33 "'b (" , "1~ J\)J\jt:4.9500 1,(.:-.; JCU08 O:~GSj 11 ,~OSSo7 Lb! 18/07 ~\()'\> "~~) "110 PI" .~~~~' f\\ 0 <<.s \ ,~~...... @JI E !'l u i. 1')1021 ~JIJ( h ' l..,'VI\ P'L; " I" (,[' ~ " ,:\/949 U\I\LJ ,1Ac ~tjct rf XXX^/..,<X" Ii K/..:", -Lit>! A~lH CODE ~lBC_'~-I,' 7~ " (i>-: ' .: i~, Illillll~I~\\~'~lm\\\,~II!!~lll)ljIJJ 11111 POll~~IU~N ')I\:~'i CUlliITU Al:'~' POLTY l-" 1~r:S 0:1 J" '1C ~J()7 lfii: ' ',TI".: . . C" \ , ,',C c>" Tn 'Il i rL'i ",~l~i\IL ,LrASE ,:TE fHE 1,lGtJ IN :" rORFc c., ':i.. TAILS. ,-- uK l1CT SPECIAl D- r ~Uk~HASES OF $2(I~fr.RREI~ FINA~!CIf'G ON ~E~Ul LOrbUlqER I'RE~~t'lURE wI: 1\ 'tic rim\t ,~~~~.....~***.~.*~ I CAKU ' [1 ,~ '" .,~ ~ >' .,. THE HO(.1E DE pal 112- 'C "\ 1500 S.W, 81~ SlREf' BO'lmON BE~H\, fl. '33426 r,StJl 364-'31)\:,0 J'224 'S8802,' ':.1,-,,'2 L,07 ,~~>'K? ~ ~~~'\ ~J ~~,. @)\ \ SALE (~() ) v~ i!'" 077d~~82<;'3L\8 INOF!SlOU.i 077B,!)82!)3!)~ \1'\ 51'.i\SS I.: , ,J r724987S7'o Ilu_,t ,:/',.- 2 M 2 ' 98 UgG9j21Z20)~ Id ~Jt[G[E 2@12.9B U90932428010 ~GL Si\t..mlll X lO@12. 99 :J.':J,' 0,'3'1 8 r, c:,- j ,'5.96 ...:..f,.~ l29 .90 258.72 16.82 $275.54 275.54 U S\.;B 101 i\L SALES 1 AX 10,,,,L y, y..f..X'Ij,XX'IXi-X411- \,\O"'E OEPOl I\Ul\'1 CODE 02l765/4045871 \\ \\\\\\\\\~\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\ \ \\\ 0224 04 58802 06/21/2007 0949 RETURN POLICY DEfINITIONS p'Jl \'~ cD OA'iS POLlC'1 OPl.kt i'. gO 09/19/20 !HE ~OMl 0'. ~ES!~~[S r~l kl LIMll / OEN'i REIURNS, PLEkSE SEE lrlE RE1URN POLICY SIGN IN SlORES fOR QnAILS. GEl SPECli\L DEFERRED FINi\NCING ON PURCKASES OF $2':19 OR i.IORE WnK TKE 1101,\E DHOl CONSU1,\ER CREon c!\lID - EVE.R~ l1\-\E: *****""~"********~*"**"**"****"*""**"~" 1 tltC li,t, )''1. l:,: l)LI >() I' , _ >>2..c..:.1 1 ~,uU :, ',I ('; r H " 'TIFe ' bi!YNION tiE i'\L1i II. ,.r,;".' ", I . {l,:~t 1 . \.-i )(;iJi) SALE liL' ~ UUlj',{; ':.'iu,IO 1:1 ". '( ;[~ll ULi2C/u! u:~ ,:j') r'M {Jk 1)2UOb67213 ,1 2@'J.97 11 '.1,1 ,'f ,r.\ ',;ALE'i T Ai< TOTAL KXXXX~XXXKXX41~2 HONE OEP'- ;1/)111 . TL- . , LlI ." 1..1,. U - li..~'L)1 ;[.)/J~A]-!Ut/~ \1 I.J-'I () , h'; I;J272 12. 7? !A I Pl::fUf:N l'iLIe'r [ii::' [Nj rlult., ,JUI rcy lU [J/\yS 1"iUry [XPIIT', M, 1 '10 (/1. ""j /:.c'UIJ,I ,iN I fir 11!II''if Uriui,f.:L)Cf.:VLI THF h:!i;IIT III l H111 ! l.ll: NY I ~E I UFiNS (,LF ASE St'F IIV j.!IUIJN f'uLIC"I ';ll",N 1", '-["II"I-"-"-'f' '. '., ," I.":> 111< DETAILS, ,(:U,I'I:( ~i\.L UfTEi<nED FINANUNC'N ~)I~f\l.HA:,E:; O~ :f2~i9 OR MORt wn H '.' 'F u, L IJI:~Ol CJ)I~SUMH< CkHiIT f:ARLl ~ f'/~~V ~I~:~E t ^^~~^~~~~~X~X~*~~j~*~~~~,~*. AKX**~~kA' rI u I~, 0-- 1500 S. 'II. 8T"-C7'r~_ AION BEACH, FL 13<12bl(,)('1)3()lj--- 22<1 00029 54:J91 (h, I Cl, 11 SX<l29 O~:' 1 I 3ALE ci\ 0'" \ -lY,:~> ~ ~\( ~~:~ ,,',538 REm FEN"'~:' Q . 1000/3,97 2:j'.JI;, ' ,OTAl ..,d III /' SALES ~AX 15.~q TOT Al :J;:.2'IG, L~ \,q)\,()(XX)(XXX47'L' I\I}ME [JFf'" ~j5, 2') !\UfH CODE u1996f, _ F ! 1\ ]J~ll~lllll'~\'J\~~ll~ll~111 ~~ liEllJRt~ POLIC'! nL: lNIlIUNS pr)[ ICY ILl DAYS pu: ICY EXPIRE:, ()I~ A 1 90 09/17/~OOJ 1 HE HOI'lE OE~)Ol kbEJM'-S 1 HL HI GI i I i u LlMIT / OENY RETURNS. PI LASE ':lEt I Ill' RETURN POLICY SIGN IN STORES FUR DEl AILS. GET SPECIAL OEFr.RRED FUJANCING ON PURCHASES OF $299 OR MORE WIIH THE HOME DEPOT CONSUMER CREOIl CARll - EVERY TIMt! **x~~~*x~~~~****~**~**~*~~~xt**~*x~**~x ENT F::R FOR A C.-IANCL TO WIN A $5.000 HOME DEPOT GIFT CARD! YOUi- Opinion Counts! Complete the brief survey about your- stol'e v\sit and enter for' a chance to win dt: 'Nww.homedepotopinion,com lHF HOME DEPOT #224 15(,0 S,W, 8TH STREET BOYNTON BEACH fl 33'1;)6 (')61>J6'~%OO 022Lj 00057 :39909 07/15/07 SALt 14 SCOTS7 12,11 PM ,;0 Cb\ J 199'5' -:..-~ I ~:\~".. I'~~"~~ ~~i' @ ~~--=--._-------"--- 611942066483 1-U'IXlO PVC 'A~ 082'174830055 STAIN -k.. 0/7089144123 ROLLER COVER <A~ 2@3 , 67 070798180659 AU(PNTCAULK <A:o. 6@1.29 830669007788 5-GAL SPOUT "A;. 022367398569 SWINLTXGSWHG <A> 037064182045 KNIFE ,A> SUBTOTAL SALES TAX TOTAL (XXXXXXXXXXX4732 HOME DEPOT UTH CODE 015633/0571798 1. 94 94,00 7 34 7,74 1. 97 11.98 0,97 125,94 8,19 $134, 13 134 13 TA 111"/1/11111111111111111111111 0224 57 39909 07/15/2007 9963 RETURN POLICY DEFINITIONS POLICY 10 DAYS POLICY EXPIRES ON 1 90 10/13/2007 ,t HOME DEPOT RESERVES THE RIGHT TO MIT / DENY RETURNS, PLEASE SEE iHE RETURN POLICY SIGN IN STORES FOR DETAILS. .1 SPECIAL DEFERRED FINANCING ON lASES OF $299 OR MOI<E WI TH THE HOME CONSUM~R CREon CARD - EVERY TIME! '-~~~*t~~.~~~~K~*~*k~~~*K~k****~~ r HE I I 0 '1.,- l~,~IJ ~ B:J '/r, Tl"~ BEM H, DEPOl #224 'Tl STREEf ,3426 (561)364-9600 ~7'14'07 d 20712 u 7 '1' 1; 17 'A,I,I '. AOS55 .,~ I~.:~>. ~'l' -r .....~.~,' '.' ~~~H '" :""'~~,~,< :.. ~:"",~....' ", ~"~'''Ii'''''''' "~',i.;.':. .'-:~,"";:J~";' ':- ,:'~-)~, LJ ~ :227000 3pt 'pd~v'I:'" 077099l441Z3 ROL 2@3.67 ., , 02236752169.P .; t.34 59.98 73.g1 /' 4.81 $7B.72 79.72 TA I ,rOfALpOT >' xXXKXXX~+1~i H~ItIE .~ AUTH t08~J,e,tt~?3/~~~r\)~~,". THE HOME DEPOT 6315 1400 WATERFORO PLACE DELPAY BEACH. FL 33444 (561)272-5'127 6315 00004 28151 06/26/07 SALE ~\ 72 TDF6YH 04: 52 PM 1~~))r~~I~ QJ ~V ~~I-......~ ~ 332268 5GL AIRPORT <A> Q 19~16.99 322.81 RSN: 5 NEW AMT 12.99 MKDN -76.00 MAX REFUND VALUE $246,81/19 J SUBTOTAL 246.81 SALES TAX 16.05 TOTAL $262.86 XXXXKXXXXXXX4732 HOME DEPOT 262.86 AUTH CODE 026445/9048288 TA 1111111111111111111111111111111111111111111111111111111 6315 04 28151 06/26/2007 8990 RETURN POLICY DEFINITIONS POLICY ID DAYS POLICY EXPIRES ON A 1 90 09/24/2007 THE HOME DEPOT RESERVES THE RIGHT TO LI~IIT / DENY RETURNS. PLEASE SEE THE RETURN POLICY SIGN IN STORES FOR DETAILS. GET SPECIAL DEFERRED FINANCING ON PURCHASES OF $299 OR MORE WITH THE HOME DEPOT CONSUMER CREDIT CARD - EVERY TIME! *****~*****~**~*~~*****~**~~****~*****X HOI.,E DE POT :# 1500 S. W. 8TIt 5 HEfT BOYNTON BEACH, fL. 33'126 (561)3~ ? VPV" 0224 00003 37899 07; . SALE 61 MD9617 02: i~ I' ,I'''' ! '~~~J' , ,,~~'~~ ~L.~ .!S "'~4"':" .....~ ~..'" ~..~.. ~ 646429091481 6' PICNIC TA <A> 57.54 .- 110 013013523909 10-10-10 <A> 6.18 089494208598 OOLEMITE ~O ~A> 2@4.29 B.58 052144100733 WHT PCT I'NC <A,S> 2@3.97 7.~4 086876131567 TRASH CAN <~. 27.98 045899394816 HN/WIo1Nf'CTGR,\1 <A" 9.96 030546416014 FIRE SIGN "',\:> 4.49 046\)99392843 HANDICAPpm<A> 2@4.99 9.98 0~.)899392881 19X15NPRr<Pj- <A" 4.99 J/ 045899392843 HANDICAPPEJ <A~ 4.99 RSN: 4 NEW AMT 4.00 MKON 0.99 1,IAX REf UN') '",~LUE $4,00 611610 RUNNER <A> 6@1.94 Ll.O" - n~ SUBTOI AI. 153.28 SALES Til( 9.37 TOTAL $163.25 XXXXXXXXXXXX4732 HOt4E DEI'I)T In'3 2:' .___ ,/ AUTH CODE 016050/9033048 'I.li 'iA, S:? 1N' 111111 ~lllllIlllm ~ I ~mlllllllllllllllllllllll n 0224 03 37899 07/'l6 .'2007 4077 RETURN POLICY DE INITIONS POLICY 10 DAYS Pi_ICY EXPIRES 0h A 1 90 10/14/2007 THE HOllIE DEPOT RESERVE.. THE RIGHT TO LINIT ! DENY RETURNS. ::.EASE SEE 1HE RETURN POLICY SIGN III STORE:; FOil oET AW; . lAL DEfERRU [NANCII,(, iltj , $299 OR 1'1DRI' WITH HL "@1[ !ER CREDIT (.AI,!) - EVERV TIlo1E! ,.,?<"**.;...A*~'*l'f';'';' l,...,-A..,.-;'Oo{,**i, A,J,.,...*.J.r+< ~-r.o d J-~~IA'ir-~ THE HOME lJl I",)T It'-".-I 150U '),\,/, SlH 'ili;l r : BOYNTON BEAL:I. It. 1342E ,',I I', /1224 ul030 bl:'ill II? il') IJ,' SI\LE ,11 N.,tli:', 1\ 1:. fitv\ " A .~~.~)>! .,~<~I ~~~~ ~~:u~l Li.lW'I; .,,,,(,k'" 1\:'IIIH! Lil "II.II1't III'),' tvii' i ('11[:' lyH 'A (J\M:~~ / f l'J/ .lll ---- tv!!' 1:1 f i'I~U vAl ";'j,1 /', 1,'I,l,O 11,~ u! 1 P ell 1 (' ! ,'] 71 MLJ',l HI- rUi'I'J 1111 lid'\', i 1,\; II I III In iW,lIl X)(xXXXXxe3U i CilRD BAt ANCf XXX}()(XXXUJi9 CARD l:JAL/lNCE ):.1[; \, II Al ::;/111, f 1\" TOTAl S T ()I~b ': : I i I l/lJ b9 1112 I' ., 11 __ ~ 1}r7./0 (~;j~ !/if) , I 11, ,; 1 ()~:L (,I~I I) 1 I 'II~ / ,Ii l III1 LA X)(XX}()()(XXX)c{,rr" IF)I~E DEPtH Alfl H CODE (ill), 11,/1'. jU:l~la7 11,j /") II, I: i 1111111 11111111111 i IIIIIIIIIIIIIII! 1111'1 ! 'I: !!!li iil u224 :in en')l; :")"7"-'"" :n 1\ LIII,N Fi" ,~:{ ',NI' I \HI' 'Hf HI)I~:: I'll I . I I M I ~ ' I JlI~;' , I<l TIIPI\1 , 'I : 1,1 ",l \,1; I', I I ~ '.1 I:! j II ,(I ,i 11'[[ \ II:~ T :iPllll\1 ,,(I 1;1' II PI II" 'of~j Of )::<,9' , Iii MI/Ht (I j I , 'II III:"! LH t'l; .1NSllMFI~: rn \11 I ,\! : ~ ; !It, !.~ f.!, ! ~ I(,.~^, (~:,,,:,,,.~'~'~."""'^'.' THE: H( J{\-lL Dt~1 'U I II ;?"",'<cl 1')(11) '). hi (7TII', II'H I eO'iNTON BfilLi! r ljij)ti (1)1, I ' 'fi'-/- 9600 ,J_,)'I 1)1 ;(1' llt)~'b SALt ] ,I ';r07 ci9 11 '.16 I!M r~;;s. ~; i ~,,-~,, ,'l~~\~ ~;.' 02 ~~..,--@ 034LJ8111i}949 COVER ~A> 2@215 SUBIOTAL :iA!.ES TAX TOTAL XXXXXXX)(XX)(X,-/7a2 HOME DtP07 AUTH CODE 00252:l/:J~;92331 ! .iU '1 30 o )8 .1'-/ ')8 L'JC 1A Ifl(~/"'D!'llfljU f\LTURN POUey OEfINl TlONS POLICY TO DAYS POUei' EXPliib "iI! A 1 90 U9/30/20n; /lIE I-IOME DEPOT RESf}/VEs THE RIGHT I) i IMI1 / DENY RETURNS. PLEASE SEE THF r:nURN POLlCY SIGN IN STORES HW linAILS, <d SPtC I /\! ! ': , i I UfO FINI1NCINi, UN r'!JUCHA',f) UI ,}L':.,:) 1)1 MOFiE WITH fHt HOME LJiFul C'ONSUMlR CREW r 1:,;,'1) t:Vff\'Y ilMl I < ~, . . ~ ,. '* ~ * ~" *'^ * , , '*k . , , , * , 'r,. r " n _, ,/ I FENCE & GATE DEPOT 165 North Cleary Road Suite Bl West Palm Beach, FL 33413 Ph 561 242-4874 Fax (561 242-9279 H vl) \ '-I ' JOB NAME:') U' ( In ", I -, I. t~. I ::)/ L,. <h/- '(") ( / I --- -I I",' ,ifF CJ -1+ MMlTTED TO: STREET: CITY: STATE: STATE: / ! .-~ ATTN: "-'- ../.; L !.> /1 ',J ,it, i :< '\" > ',ftLf'jJr ('-.- FENCE & GATE DEPOT WILL PROVIDE AS FOLLOWS: / ,-.... l~o l/){ 1(( \,-\ 'Ll \- \ c,l \ " , \ 1\\ '< \c,,,--Li (lh (\ I C' \ - r - " l ~j { '-..' I "'..'-~ :".-\-." \. \... : ll.......t. ! \. \, \:r' (11, *, 'I "~'" ,.1 ' -~. l I l \_ -, ( C-~ i ..~).\-- (, \ ll_~- '-. I 1...., 1\'- 0.....\ \'\ L,_ \" ( ;:', \ V ) - (" \ ~"'l , . _, I,. . ~ _ " { ','" ,~-"\"_\ ,\ ,I (~ ' \ ",' , ' \" 'r' ,..., ,\' I, vj i ",- \ \" ~-' \ I \ \ ~,~ \.. ".;~ \..v ...~:.. " I \ \., ',. <.. '. ,', "-' \ \ " "-", 1- ~-, 'A \ \ ' ',' , '~\ '-.5 )r~\tL'lll })e(C! F._~i/..I..t..-~"";') We hereby propose to furnish labor and materials, in complete concordance with the above specifications, for the sum of: I , i / ..._. ::){ '-.. _ I \ ( \.. .f, - /; (; '..i.-., L ~ ...A:.:\.._,:_. I!>" ...L!!_t- /. (>.-'L __ ,-L./' With pa~?~ ~~~: ~de~~1Y!~~<}/,:"/'( t') /z ;' ) k* /r) 2''-/ (,/::.; .:'/ WARRANTY - 90 DA YS;ON LABOR /1 YEAR ON PARTS All material is guaranteed to be as specified: All work to be completed in a workmanlike manner according to standard practices. Any alteration or deviation from the above specification involving extra costs, will be executed only upon written orders, and wiH become extra ch!lrge above the estimate. All agreements are contingent upon strikes, or any delays beyond our control. This proposal is subject to acceptance within ten (10) days and is void thereafter at the option of the undersigned. ,..-----'-" ((-;" ,",,) ../ , "<" ....1- ,~~_. AUTHORIZED SIGNATURE: (( l i( if/I. (( (t \{I ACCEPTANCE OF PROPOSAL The above prices, specifications and conditions are hereby accepted. Fence & Gate Depot., is authorized to do the work as specified. Payment will be made as outlined above. If legal assistance is required to collect payment, fees incurred will be accessed to the client. All materials delivered to or installed at job site is the responSi?ility of the customer. POSITON: SALES REP. DATE: SIGNATURE: (~ " - , . , Y I , 1/ I .,. 1- Oscar BatreslMlAlNTRS Phone not available 08/281200704:06 PM To Gladys A Albizua/MIAlNTRS@Northam Trust cc bee Subject IOL Inquiry 5205301 e;.~ ....,"G:l 0100621 J.lARKE1'lJ'\:O ~:o."OVATIQ~ lXC. SIt! SOlI'1H ~'t~.u 1{I(;11WAV u,'.'>'l:Z-2'F.H IJOYNroN m-:ACR F[. ,~oI3~ ~!..,J,~.,.,.......Ili.", I.........":l....'-n.~.:. f ""J:~ i I ~.~..~...~ ~~ ' p,"" lOTHI; OI.'Ol'R O~ Dee 30, 2006 .....$6.700,00 six Tl;lQ\:lr!land $evo!n Hundr<::d And OO/lDQ l)ol4i'~ il~oaoa~i"~ c-!f~ IlOtOOOOAS0>:5i I _ .': . .70000... :f'el\QC " Ga!:.e Depot ~(.l!\':':cn:;nEQ~S L""C. 2-~50L"[11 t'I,f)ECAL UIlJ.IIW'...." ~,l.~:-::'y.u p'NTON Il2iIlCH. 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Inquiry Inquiry ID: 5205301 Status: OWned/In Research Category: Research Request - FL Subcategory: Resolution: Approver: Ext. Origin: Inquiry: Originator WrkGrp: Person: Account Name: Number: Type: Bank ID: Client Name: TaxlD: Email: Client Admin: FL - Delray Beach Banking GlADYS ALBIZUA MARKETING INNOVATIONS EN 5310004711 Short Code: Marketing Innovations Enterprises, Inc. 650436848 Fax: Expanded Inquiry Text Action Expanded Action Text ~ -:;:: :!l ;0: :0:-;) ~., ~~ ;:. ~" (~ ($ !~ ~ .~ j ~ ~ ~ ~:.; ,; ~ if: ~"'~t~~Q i<'9...~~ C G.~~&.:z~ .....,' r;) n p", >.,. ~ ~ f. '7' .. ... Sent: Owned: Modified: Requested: Resolved; Approved: ~ ""'\ ~- .'. i:t ;, I =:. ~ -c 2007.08.2815:48 2007.08.2816:02 2007.08.2816:02 Route To WrkGrp: FL - Miami - Bookkeeping Person: Security Name: Number: Type: Branch: Requestor Phone: TaxlD: Name: .................. 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';; CD I.) l.!.- E, ~[gl!'3IfJ@3IBl~@3~@3~~~~ '" u .~ ~ t: c l]) (T.! 0..0: .(1 ;:" 1...::> \,.! m '=1 ,-, ,=, Co CD ,-, () '1' ~~~ ~ ,:r, '1::: -- ~ -6 <:C (D C ~ (It ~ f~ j ~ , ... '" rl ,< '" (0 C a 'n ... u '" 0- '" C rl 0" C M -0 ~ +-" (C, ... ::J o fi c 0 M +-' C "'- '" 0 L :;:; u 0- (..., ;: a.' 0 <> Ul <V CI Q' "" U ... 0 0 $ c o :;:; r<l E L- o .... c o u C a M of-' 0- '" L U v') (}) o 1.1) ::J ... '" ... en '" ::J (II Q) 0) +-' f---11.1J o ~3 <T '" L ... Ul +~ '" +-' ~ (5- </l '!::< -= Cii (jj O? S B w '" :: :t:: .l:; u 0: '" '" '" 0 U LU c:: 0 "Jl I< ;?\ FENCE & GATE DEPOT 165 North Cleary Road Suite Bl West Palm Beach, FL 33413 Ph 561 242-4874 Fax (561) 242-9279 . 07- STREET: , I fF CITY: STATE: i~1 ATTN: ;' /.5 it FENCE & GATE DEPOT WILL PROVIDE AS FOLLOWS: hJfX rc(~'hcv'i d Jy,,,,ICIUClftu I () CI I (' A k J STATE: " / I J/.f:tci bt. 0'-- ,--, /. ( r ' , L' . \, ~ ,~\, ( , "'_h_. .....-- '-,/.... . \. \,_.._ r)~ ::'-.._1 ...... .~,_ f _."_', - - - 1,\ <:.) , . t , ,', rCI_l Ie. ,,-tl (., ,. ~ l~ ~ ~_...." ( \ ') C',..l__ 'i " C '- i \ ~ ..... I ,,', ( v' \ \ ... L,_ " ( e. \ \< \ ) - (-<" i' 2'-1 I I..) ~ ...~ l It !) , I, '. i, ,,_ l.\ J',,'-v ( ,\ /, Y l.J ( (~,' '\\,v '-~, '\ \ ) \.1, I.. l (2. \'" ", s, <- .\ k,,(~. \- ,-,~, '", \ \ ,( ~.\. \ L.A.- ",L1- (6 ) r:1tt ,[ d he I d Ll'A.-\..u\~-.:;, We hereby propose to furnish labor and materials, in complete concordance with the above specifications, for the sum of: '~~ \. '- __, l,.. c. ','. '.:"i:::_\.__ {,~~(.,>~- '1/' (_:..,.c.. J (i I't ';' -', ,', ./1'" '''1 ;' / .: -.....)r'LJ ' -, J , '--L:L, ,.K.'LA, ./r-"uf.-,::' v-\_ "L" l. ^"' t . Co. With paym;~~;~~;~de_a~l~tq;,'~~}..<:.':.>/i:"( ll/S:")()" ,;' (:1 .(( (..j'/f'" ~'"\ /"... WARRANTY - 90 DA YSJ6N LABOR / 1 YEAR ON PARTS All material is guaranteed to be as specified: All work to be completed in a workmanlike manner according to standard practices. Any alteration or deviation from the above specification involving extra costs, will be executed only upon written orders, and will become extra charge above the estimate. All agreements are contingent upon strikes, or any delays beyond our control. This proposal is subject to acceptance within ten (10) days and is void thereafter at the option of the undersigned. ,~r"";. ,.' " AUTHORIZED SIGNATURE:~.l//I!I(' ( / ( (t \11 POSITON: SALES REP. ACCEPTANCE OF PROPOSAL The above prices, specifications and conditions are hereby accepted. Fence & Gate Depot., is authorized to do the work as specified. Payment will be made as outlined above. Iflegal assistance is required to collect payment, fees incurred will be accessed to the client. All materials delivered to or installed at job site is the responsi~ility of the customer. "--"''''''~--'', ",..--'---~\ /[) 2 (/' (;~;; <. /' 1>7/ /') /. .:'_:::/ \(J"'---' DATE: SIGNATURE: j i ( /r, ,,<''-- '- !,"j ( ~\_ t l I '\ (.\ ( ( L \. \ .,,1 .,1 Da\e ~_~'---- SOld To' (::; ( 'u_ V Business Phone Mailing Address' :1/0 tV . Job Site Directions' Installation Address: Contact Name: ~~NL~ & (JAl'~ DEPOT 165 N Cleary Road Suite B1 West Palm Beach, FL 33413 561-2<:2-4874/561-242-9279 'Ii'? : /1:.", C~.j( :..(Lf~. I' Phonej-..t~~_~~Fax: _.~_,___,____ ..._~ Other Phone: _._..____._._~..__._. t-v...) + City ...._,._~___~Zlp:_ ._._~..C~y: __..._ Zip: Cellular Phone :f,.~ ,.. . , ~./'" emd.w1: Fence Rail Stair GaJ.e Pool &W1l: 36" 42" 48" 60" Q3j Other:_ M..o.untin2: Coredrill In-Ground Flanged ~; Step Down al Grade Change ___ Follow Grade: ~ Level With Highest Grade: _ Ahunin.u.m, )/ Welded _~____ Mechanical _~ Total Footage: ~: Top Cap 2 Line 3 Line.Other _ Per attached Shop Drawings Picket Rejection 4" 6" Other ______ Pickel Size 3/4" I"~ Color ".- --- Chaln..Lin.Ii: Gal van ized Vinyl Coated) >-.__.u , c ('alar _______~_~___ Total Footage __~ Fabric Gauge: JI-1/2ga. 9ga Top Rail: Top Wire ] 3/R" I 5/R" None Line Post' I 5/8" Termimal POSl' 2" Gate Post: 2 112"' V' Pipe I Tube Bottom Tension Wire' Yes j No 2" 2 1/2" 2 \i2" 3" 4" Ii 5/R" YiIu11.flC TOlal Footage (f;> Style- _______~~_____~ Wo..o.d: Preasure Treated Pine Total Footage: Style: Stockade Vertical Shadow Box Board on Board Other Boasrd Tops: Dog Eared Flat Top r.um.J.t: Obtained by: Fence & Gate Depot X Buyer X Notice of Commencement Signed YesfNo Easement Agreements Signed Yes I No Survey Supplied By Customer Yes Only ___.____L..__._ (Show land marks 10 reference fence location, Drawings and layouts must be shown exactly as fence is sold, Include drawing on seoond sheet if necessary,) -1 i._ Approved By X Yellow Customer -t .,~~ t H I- f -t f:~ qJ. :1_ --+ - .t "4 .ri~- '~:{ff H' J~:T --+- I , -r-j -T-I t --I i:t'U It +11 Li HJ: ii,ltlfi,il.. t\,.m.,.i,:f1,',r1 c* tj= ; ~,- ,. f 1+ =t"r J - -I iil 1::#', .~ f ~Ijlt.~l Jl~~ -1. 1~-r, j H-- \ '1! I [ . It i ' l, ; I I -I rI ~1 --I F' P I I t. 1- , ,.t- ~ d- I C tj~g , I [fW tl.i=~.~ft l1 ff I) ; IF ,ffi'll-'" i .l:.l~rlll~ ~,.~,..t Hr~ TJi'HI j HiH=tl-i + I Customer Note: Your failure to clear trees, shrubs and ostacles including roots two feet from both sides of all fence lines will delay installation an incur.a $75.00 trip charge. Pease make sure all fence lines are clear prior to allowing us to come out for installation. White Sign and Return ~ ;, I, trt . - - ~.' 1..,IT,'!I,,*.,I" j- 'fllT:. ..,. . . ---ft-, ,-t+ "- ~Jrl 'II! T '., H .1 , --., J : j' i: :: r' , il I ! I ,~'I '\:"- ,.Lv,' I"--- P"'''.C.e.. c,~t.....;....,.(- ~ f J.~ L a-.::~"r ". c/~:.)- Cash Terms: Total Price $ d /2 ,,2 (,! -1 $ Deposit $ I, '7 (J 0" () 0 Due on Commencement $ 4';, I!:l 0 (.J - <7 ? Due upon Completion $ " 'bnU,. ~ o~ ~lOO 00 (Valtd for 30 Days) CK IIWe have read both the front and back of the foregoing proposed contract and accept the same on the terms and conditions printed on the reverse Side and as staled above, I understand that I!W~re responsible for all P"fate undergrpund-lll1lities neludmg sTlnklers ".;;i..Ac-.[ I {>- ~ ~1' ..... /,- '. . ( ~"'.ILt' I 1 " ' Fence & Gate Depot Rep " 'r,f( ( ~, . -" ~ ' .~, '" Date -L!.2:..._ ./ ~~ \ \ , Comments: I - :l {, / '''-! I Cl_~~ ~~. / f.c; IC/ /u,j L Iif:/ ao;:' ':II.'>'"--r ,,'J.. / ....~"" -" , '...,....-...,~":"" I",,~ K.IR ?;~';:r." , Pink Office ]AWRENCE }tENCE, CORP. LAWRENCE FENCE CORP. JUPITER, FL 33458 ~_AF;.. ,,~-- 211 COMMERCE WAY 561 747-4228 4-8 PROPOSAL/CONTRACT Job Information: Customer Information: MARKETING INNOVATIONS 310 S FEDERAL HIGHWAY BOYNTON BEACH, FL 33435 Notes: SCOPE OF WORK: TAKE DOWN AND HAUL 112' OF OLD CL FENCE INSTALL 191' X 6' HIGH BLACK CL FENCE INSTALL 108' X 6' HIGH ALUMINUM FENCE 1-20' CANTILEVER GATE PRICE WITH FINALS ONLY: $14,189.00 PRICE WITH FINALS AND RINGS: $15,895.00 PERMIT FEE BILLED AT COST LAWJQ3fCZ 1'ZHc& CORP. ~... to quar&n~ above f~ to be :fr.. :frca daf"ects in ..t.r:1a.la and worlallanship for one year. LA1IRJ:NCE I'DfCE CORP. ah&J.l advis. the cu.t~r .s to local soninq reguJ.aUoo. but ~..pon.ibJ.l.:L.ty for cOIIlplyiB9 with .&1d Z'~ations and obtaJ.n.:l.n9 any requ.1E'ed pe.z:au,:ta .bal.J. r..t ..i th the custCllMlr. LAJlRDfCll J"I:NCI: CORP. will ...1st the c::ustcaar, upon request, in M~D9 wbe~ t.heo f'en~ .is to be aracted, but ~ no c1~tance doe. ~CE I'DICI: CORP. .......- any reapons1b.t.U.t:y concernJ.nq property tiDeS or :in any way guarantee tMir &CCNracy. If' property pins cannot be l.ooa~ it 1_ r.~ded. that: tM cust.oaa.r b&ve t.M property IIUJ:'v.YN. .L:AJIB,SIfCl: !'DICE CORP. will a..~ t.M r..polUJ.il:l11iq :for havinq ~oUDd pub11c uti~i.ti.. looa'ted. aDd. aa.r:ted. Rowev.%', LrdIRJ:NCI: rarc& CORP. ...,... no ~.pona.ibility for unmark.:! .pr1D.tl.r H.nes, or any other umaarlted buried Unea: or object.. The cuau-r .111 ..a~ all li.&b1.1it:y :for any ~ cauaad by ctirecting LUl'RENCE I"I:NCZ COg. to d.ig- .in the ~.t. v1c1.nity of" mown ut1.1J.tJ... . Th. f:Lnal bi11..ing will ~ ~ on the actual. , ,. of' fenc.i.nl;' built and t:M work perfoz:med.. ; bi1.1iftg f'or ...tarial. &a1ivwu-ed to tha job Contract Amount: $ $ $ Down Paymeht: 12 Balance Due: "rt/lJ11-:: CIv,o: of t""- JZ;/ ~ 11/20/06 LISA HARGROVE B10 S. FEDERAL HIGHWAY SAM KRUSKI COMMERCIAL SALES CELL 581-282-2010 STYLE OF FENCE IS IDEAL #SOO RE-QUOTE DUE TO THE FACE THAT 88 18 REQUIRING ALL FENCE FORWARD OF THE FRONT OF THE BUILDING TO BE ALUMINUM .it.. a:Dd. work ccapl.et.d ma.y })., a~t at ...u.y int.erva1.. Adjuatmanta f'or aatarial uae4 on this job ahd ad.jusa.nu t'or l.aboZ' .111 be ~ or credited at the c:urEe.ntly ..tablished rate.. Additional ch&r~s for aDI' IaXtra "ork not covared in thi. contract that .... ~st.d by the CWItcm..r will &1so b-. ~. '!M full DIOWlt of t.b.1.. contract aloft9 with any adlUUonal ~. will }).,C~ payable upon CCCIlp1etion ot' &1.1 work wMther or DOt U:; h&8 tte.n invoiced.. A fi~ cbarge of' 1 1/21 per month (or & m1n1mum ot 01.00), which is an annual. percentage rate; of: 18', .hall be 4IpP1iecl to &CaOunta that are not paid .ith1.n 10 day. af'te;r ccapl.t.ion of any work invoi.oed. A11 ...t.eria1.s will r...-J,n the property ot' L:ARJtZlfCS FZNCZ COU. until all invoic.. pe.rtainiD9 to thi. job ue paJ.d in full. JUpt of acae.. and. r...oval is granted to J.ADDlCE I'DCZ COJUl. 1.n th. .".nt of non-paymeDt und.er t:.ta. te.z:ma of' tbi. contract. Th. custClllDaJ: &9%"... to p.y all interest and any coat. incurred in the collection of thi. debt. Approved & Acoepted for Customer: Dote Customer Acc~r LAWRENCE FENCE CORP.: ~~ >~J/'~ /h ~ Sale.5person ' Oat", April 27, 2007 www.Hawkearchitects.com Mr, George Kallai, Marketing Consultants c/o Ms. Lisa K, Hargrove, Director Marketing Innovations 810 North Federal Highway Boynton Beach, Florida 33435 Reference: Invoice # I - Commercial "Office" "As-Built" and Building Permit Package - Drawing & Technical Specifications Submission - City of Boynton Beach Marketing Innovations -810 North Federal Highway Boynton Beach- Owner Improvements, Floor Plans, Structural! ElectJPlumbl & Interior Revisions, & Fire Egress Plan Dear Mr, Kallai: Thank you for the opportunity to work on this detailed commercial project including site visits, Per our numerous meeting, City meetings, and discussions, we have submitted the required drawing and technical specifications for City review and approval in order to obtain a legal building permit and clear away all Code Enforcement issues and cases. We have a professional and solid working relationship with the City of Boynton Beach Building Permit Officials, and the Plan Reviewers which will accelerate our drawing package with drawings submission through the city's review process unlike other design professionals, Thank you again for the opportunity to prepare this invoice for your review and payment. It was a pleasure to work with you, I look forward to continue to work closely with you, and assist in the building pernrit process, required letters to City of Boynton Beach, and inspections as necessary, Respectfully submitted, ;J'V \ AJ\p ~r- \L~ David M, Hawke, President Hawke & Associates, Architects LL C Florida License # AR 0016510 Attachments: file, Invoice # 121 Heather Lane Delray Beach, Ffonda 33444 P (561) no - 4-140 I;' 5611921 - 0444 .......AIIII.. ...... INVOICE JOB: M.J.V-'f-ttl~GI \~NoVFnoNS V- ''UMBER: 01- - 'Z-S -:ES THRU: ,Af'~l \.- ;>"0, OT 70 ,.6f1'-1L. 'o"",\- 0\, DATE: INVOICE #: HAWKE ASSOCIATES !~ MANHOURIS) UNIT /COST TOT ALIS) DIRECT EXPENSES 12-">0,- I . SITE VISIT: H-Il;\? 1t 3,teS,- . CONCEPT fPROGRAM: . SCHEMATIC DESIGN: . DESIGN DEVEWPMENT: 'CON~UCTIONDOCUME~: . BIDDING;NEGOTIATIONS: . CONSTRUCTION S'"''''.VICES: CONSULTANTS ~ \:,\~S.- . ELECTRICAL ~ . MECHANICAL . STRUCTURAL C:-IAtpf' -""'''r d '* l,qe,S.- . PLUMBING . COST ESTIMATING t ~t->L. ~1Z~>\6' ,/ /50,- . GEOTECHNICAL ~~'t'rJ",,? ~.;o.- REIMBUR..C:;ABLE EXPENSES ~E.-\.v\'&JP7~~ ~o;). ~)C C<o ) r..-b MODELS/RENDERINGS ~ b,7"1 TRA VEL/COMMUNlCA TIONS \ 0"', z.,\ REPRODUCTIONS "'t. S") ..-. ZOo '2.") . PHOTOGRAPHY 32..4~ . 100% BLUELINE PRINTS . ENLARGEMENTfREDUcnON \5. "\B . COMPUTER-AIDED DESIGN l '-i . 75 rONTRACf NEGOTIATIONS \ 0, b5" \~ ,bj JITIONAL SERVlCES 0""'( of' \1:>'1. 1'S0, - \7'-'1',,", ~,o\I~ - -# 11 OVERHEAD 1% OF TOTAL) ),,57/.-- TOT -\L (~\,G') 1( SII.I' / 2. 'Toc;,!.!... I . (. ,?",-p.'...\~\l-) e.t-t ",c;..~ ;:tj:: lo-z.."l.l v~\)\-r Balwces unpaid after 15 days from date of invoice are subject to a service charge of 2% per month, or maximum allowed by law, if different, together with expenses incideDlal to collectioD, including reasonable attorney's fees. COP)'T'l.11l l-~l ,...,._,. .'~ . . ,",' . ;..1 . " : ,," "f',' .....,~,. ~" (", (I" J.....r U -.z i= 4 .." "" ; {~f~".',', 'l,',," ~~,mrlr-.' ....Oh \0 -. JV7, llI'I.'l/, J-;lo; r' r- r ~~:-- "' N j -J -:! ~ w i " Q. J ~ ,"if 0 :: ~ ,;; ;{ =:. '" ". I>.- 0. '01 ol' l .. D 1li -l 2 - c' \J)rl.l.l '" ; ~ i, S C-_ d3 \'? 3 ~ \D2Q-P N ~ai Ul '( Q ~ 1\ ..J 0 ~ c <> . ,. "- j uJ j "' " \J) ~I ' '" ~ '" I r r 0:> ~ 5 L ----------- '" N l- o -' !-.:rnv __,,_) :3 ,ShhS.O S ----<_. "~_'-"'_' Sb'O'i3 ;'Iud 7\'/&) ,7"; J -; O:l \Il ~, o '" ~~ n tJ ~ ,F> () Sh oS , r '3 3 ~ \ H a. ,0 ". :t ~ ~ ;,: 3 ~.i, . "-[,_ t ~."'3. _"L \ ~:~Q ~Yl ~ , <J OJ '" :z '" ~ -~: ~~ '.J '" '" G ~. .j << :r Q ,f1 <( )', N tlt r- ~ I I \ u; .;'! I;: \' .~ \ v ! '" " o ~ ~ ' o ~ ')' .c -G \1>'" r v ~ :2 :;; Cl 0 -'; :f ;0 ~ V1 ,p of> I ~ I ~ 1 I 0 ! ..>' Lr~ -.J <( C '" '" J~ .,,,,, ~ :>----- ~.~ ,-<. G ~ " if cP "./ ". '" 2 ... _ 'au -0,'01 " hr ~ . , .' ," - I LO IS + V' .bO',W;V .2>:~1.'t:...;'- If,S 3<)\id'5bL '0~O ... :r J- {jVd N N t- 1- 'a~ l \ 0 0 .J .J hl'~'t \0 ....,) i"" Sf; hc;..O N " , 'y ,\, ' / June 30, 2007 WWW.Hawkcarchitccts.com Mr. George Kallai, Marketing Consultant c/o Ms. Lisa K. Hargrove, Director Marketing Innovations 810 North Federal Highway Boynton Beach, Florida 33435 Reference: Invoice # 2 - Commercial "Office': "As-Built" and Building Permit Package - Drawing & Technical Spet,;ifications SubIIli.ssion - city of Boynton Beach Marketing Innovations .810 North Federal Highway Boynton Beach- Owner . Improvements, FloOl'Plans, Structural! ElectIPlumb! & Interior Revisions; & Fire Egress Plan . Dear Mr. Kallai: Thank yotifor the opportunity to work on this detailed commercial Project including site visits; and numerous City of Boynton Beach Building Permit office visits. Per our numerous meetings, City plan review meetmgs, and sub-contractor discussions and telephone calls, we have submitted the required drawings and technical specifi(llltions for City review and approvaJ in order to obtain a legal building permit, and clear away aU Code Eriforcem~ntissues ana=s: . We have a professional and solid working relatiol!ship .with the City of Boynton Beach Building Permit Officials, and the Plan Reviewers which accelerated' our drawing package with drawings submission through the city's review process unlike other design professionals. I, Thank you again for the opportunity to prepare this invoice for your review and payment. It was a pleasure to workwith you, I look forward to continue to work closely with you, and assist in the building permit process; and inspections as necessary, Respectfully submitted, D?~~H~pre~: \~V Hawke & Associates, Architects L.L.C, 'lorida License # AR 0016510 Attachnlents: file, Invoice # 2 121 Heather Lane DelrayBeach, Florida 33444 P,(561)740-4440 F(561)921-0444 INVOICE JOB: ,..v\,t> \1-- Ie-I'<.- -t-' \ 1'.1 tJ 00.. JOB NUMBER: 01 - -z.... C; SERVICES THRU: ) """"....- -70, 0"1 HAWKE ASSOCIATES DIRECT EXPENSES .. SITE VISIT: . CONCEPT /pROGRAM: . SCHEMATIC DESIGN: . DESIGN DEVEWPMENT: . CONSTRUCTION DOCUMENTS: . BIDDrNGjNEGOTIATIONS: . CONSTRUCTION S"",VlCES: CONSULTANTS ;>c>,v 1>'- \-\o\J~<' . ELECI'RICAL . MECHANICAL . STRUCTURAL . PLUMBING . COST ESTIMATING . GEOTECHNICAL REIMBURSABLE EXPENSES MODELS/RENDERmGS TRAVEL/COMMUNICATIONS REPRODUCTIONS . PHOTOGRAPHY . 100% BLUELINE PRINTS , ENLARGEMENTfREDUCTION . COMPUTER.AIDED DESIGN CONTRACT NEGOTIATIONS ADDITIONAL SERVICES OVERHEAD (% Of TOTAL) TOTAL ..~..... ...... <o\u \~ ~o DATE: b )\ll.--( D, rl,J~L;.. (07..- ) \""Y,,,,:t, c..1-\ fU.. 'f:- -t w...)~ ,-( ~ <>0 .. LS%, , ~t>0"nJ Balances uapaid afr~r 15 days from date of invoice are subjclt [0 a service charge of2% per month, Dr ma:ci.rnum allowed by :3.w. J different, together w-iLb expenses incidental to collection, tncluding reasonable arrorney's fees ':::~P)'Tlitl\ [-9\ INVOICE #: DATE(S) MANHO\JRrs) UNIT/COST TOTAL(S) 1'1 ( 1.;1 Ob.- ;'1D~1\- i ~i ~ ?"'1, J01 17.- lA-lc {b1 z,o-l. l'O .lJ~ \,'L,,?,t:; (",', ~,"I, lO\'\ ,l'Z.- IL4, \'.>, l~ -t <>t'~ L \l-\:;.IM ~0~"~ L. \>1'-'....,-''''61 7'2.. <:>eo L../l'.9'7 II '0. z.'l.. l/,,,q; oIj 1,'-1 ~\JI""DU f (..1 ~Q_ II- --;;>. Z. 50.- ",(P.7. " I'-hl\$'",,", (.0",.0,-( N. " 'tl.vuil e (I) 100.- Cl"'( T.~) ,5.- '7","1"1'1" ~1/\C,'ot-l'7 T10 l?'-\>"" I'Ll' \1"" ~"".,. (f1.<7 <00 B..L- \?t>\ \? ::$\ 050,- + '60'0. !!::- 4{ 1,Z,c;g. b'Z. ~ d 5:\:: 2t ~ From: 06/011 7'6:31" ~'52 P,002/009 JU~"; 1 :~ }iJG7 ;,. ) ~J East Side....West S.lde....Seas.lde Renaissance 2006/2007 COMMERCIAL FACADE IMPROVEMENTS GRANT PROGRAM PROGRAM AGREEMENT Boynton Beach Community Rede,,!'.C?J?m!ilnt Agency PROGRAM REGULATIONS 1. The Applicant agrees not 10 alter, renovate, or demolish the new faltBde for three years, commencing at the tfme final Inspection by the CRA Is completed. If violated by the applicant, the CRA may choose to require grant fund repayment, enforced by property lien. 2. The CRA will consider approval of grants for exterior improvements to a buJlding which doss not face a recognized street. i-he exterior rear of a building facing an alley way will also be considered. 3. A minImum of three (3) inspectJons by the CRA are required. Those minimum CRA inspections are (1) before starting work, (2) during work and (3) finel inspectJon. More inspecUons may bl!l requIred by the CRA. It Is the sole responSibility of the Applicant to schedule Inspections with the CRA and City. These inspections In no way are sl.lbstftutes for required City Inspection$ and compliances. 4. The property owner, or tenant If applicable, must complete the fa98de Improvement project within six (6) months of the grant award. Failure to complete the fa9Bde improvements in a timely manner will result in the property owner, or tenant If applicable, losing the grant reImbursement opportunity. The Board may consider time extension$. REIMBURSEMENT REGULATIONS 1. This program is designed as a reimbursement grant. That is, all work must be done and paid for by the Applicant, prior to the CRA's funds being released. The CRA will provide reimbursement to the grantee upon submittal of a complete Reimbursement Reque$1 and approval of completfon by the CRA Board. From: 06/01 17 16: 36 #152 P 003/009 2. Reimbursement Request shail be summari:uld In a report and accompanied by proper documentation. Proper documentation will consist of (1) Project accounting including Invoices, receipts or other acceptable evidence of payment from suppliers and licensed contrector(s) that have ,been marked "paid" with a "release of lien" signed by each. Proposals for "work to be completed' or "bids' are not considered proper dOCl,lmentatlon. Each item will be sl,lpported by a canceled check showing the face of the check, as well as the back of thlll cenceled check, (2) the Applicant shall warrant that all bills related to the Project are paid in full including, but not limited to, all contrectors, subcontracts, labor. materials, related fees and permits, and (3) the Application for re-imbursement shall provide a minimum of four 3"x5" color "during" photos and a minimum of four 3'x5" cclor 'after" photos of the Project. Photos should be from 'approximliltely the same position as the 'before' photos submitted In the Application and the "during" photos, 3. The Reimbursement Request from the Applicant.sllallbe submitted no later than the 15111 of the month for consideration by the CM Board at its next month's meeting. Reimbursement shall be Issued fifteen (15) days after approval. 4. Grant funds wlU be reimbursed exclusively for approved work, approved change orders and only for work that has been performed after the grentee has received notification that the Grant Application has been approved by the CRA. 5, Grantees may not submit faQade work improvementa for reimbursement which have been used as reimbursement requeEts In any other grant program offered by the CRA, City, Palm Beach County or the Slate of Florida. The FaQade Grant program Will only honor new expenditures that hay/! not been Buj;)mitted under other grant programs. The FaQade Grant program may only be used One time for anyone property, however, property owners may receive grants for multiple property locations. Applicants shall be limited to one grant per eRA budget year (October 1 at to September 30th), 6, Grantees shall grant the CRA and/or the City of Boynton Beach the rights and use of photos and proj ppllcatlon materials. ~/I-u 7 tel Witness (Date) TenantlBuslness Owner (Date) eRA Director (Date) From: 06/01 / 17 16: 38 #152 P.004/009 East Side-West Side-Seaside Renaissance 2006/2007 COMMERCIAL FACADE IMPROVEMENT G~NT PROGRAM APPLlCAnON FORM" Boynton Belich Community Redevelopment Agency Maximum Grant Amount is $15.000.00 (Pleaae Print Or Type Only. Use Addition" Sheets If N_rv) APPUCANT INFROMATION Name of Property Owner: L,.:5J4. I<Al.J,..4 J - ,/-JA MIdt!Jl/~- Address of Properiy I J Owner: _310 Alo. FEb EJZ4 L. I/\A/ y' City/State: '&y I..J'TDJJ beach I r:::/. ZIp Code: 3'~ f ~ ~ Phone # Day: :5lP1-7~2. -1.:qQ t./ Evening: 5{,1- 7<12..- z.qq..j Lel!lal owners and leg!!1 description of the property to be improved (p/e.se attach copy of wamrnty deed and luse, If applicsble): j. 1.-'.$ A- kALLJ4.-/ - l-fftJe~eo LI ~. 0 V-I Ai E~ 2. f> R I A.L.,....., Ai. <$ CU;/Y1 iJ I'H..I L _ . , If Different from Property Owner Name of Business: rNJ..JDV~77VG ~IAlrl).j~ ? G:e14DHIC-f rUC- Address of Business: A ION o. r::::E D82A-L I-I-vv V r f City/State: Boy J.1TOIJ, be '" I t==L. Zip Code: 3 '3'''' 3 :s- From: 06/01 17 16:37 #152 P 006/009 5, Maximum Grant amounts: The eRA will provide, on a relmbursem.nt basie, a dollar for dollar matching grant for eligible fa vade improvements up to a total of fiftlilsn thousand dollars ($16,000.00) of CRA funds, 6, The FalfBde Grant program will honor expenditures completed up to 90 days prior to application, improvements underway and proposed improvements, 7, The Fa98de Grant program mlilY only be used one time in any three year period for anyone property. Properties may re-liIpply for addltJonal grants any time after three (3) yeara from prevtous grant approval. Project phasing of up to two years can be requlilsted. Properly owners may receive grants for multiple property locations. Applicants shall be limited to one grent per CRA bUdget year (October 10t to September 30th). 8, The scope of work that is to be paid for with .GRAfunds fOF must be completed no later'than 120 days from the approval of the grant by the CRA Board, 9. Disbursement of grant funds shall only occur if the following conditions are met: a, CRA has received cppies of executed contracts. canceled checks (front and back) and proof that the work has been approved by the City Building Department. Entire scope of work is completed, Applicant provides "After" photos, b. c, rrom; OS/01 '07 1 S: 37 11152 P,007/009 APPLICATION PROCESS 1 , . An applicant sl;leklng a project grant may secure an application from the Boynton Beach Community Redevelopment Agency (CRA) located at 915 S. Federal Highway. Boynton Beach. 561-737-3266 2. An original application and eight (8) copies of all materials are to be returned to the Boynton Beach Community Redevelopment Agency for revi\!w and approval by the CRA Board. Applications will be conSidered on a f1rst-come, first served basis. Applicants must take the nec9Sary steps to insure that their submitted application Is properly time stamped to document recalpt by the CRA. 3. Upon approval. appropriate grant program docum\!nts wlJl be prepared In the CRA Attomey's office and the applicant Will be notified of approval by return mail. . , . 4. The CRA will admlr'llster the commercial exterioffacade program. In addition to the appropriBte' City inspections, the CRA will inspect the work to determine satisfactory completion of the work. 6. Applicants may not have any outstanding City of Boynton fleach /Jens against their property. In the event, that an Applicant has an outstanding City of Boynton Beaeh lien against the property, the grant Will not be awarded until the complete satisfaction of the lien. 6, Applicant shall obtaIn, read and understand all aspects of the FSQade Grant Program Agreement. Including Program and Reimbursement Regulations. 7. Application to this Program is no guarantee of fundIng. Funding is at the sole discretion ofthe CRA Board. 4 The City of Boynton Beach ... COMMUNITY IMPROVEMENT DIVISION " lODE Boynton Beach Boulevard \ Posf Office Box 310 ," . Boynlon ~~~~~-,'~':2,'d~~'2' 03] 0 .. /IAX: 5617426089 __ __' . ww.t'/ bCJ'yr,k:x.-oeaCl1org February 20, 2007 Marketing Innovations 310 S, Federal Highway Boynton Beach, Florida 33435 Re: Fo<;:ade Application Dear James and Lisa Hargrove, This letter is written in reference to your application for fm;:ade improvements to your building to your property referenced above. As stated in the letter of March 29, 2006, a review of your file indicates that there are some outstanding issues regarding this application, They are the following: Application Processing #3 - Upon approval, appropriate grant program documents will be prepared in the City Attorney's office and the applicant will be notified of approval by return mail. Application never moved forward to Commission for approval Program Regulations #24 - The property owner, or tenant if applicable, must complete the fa~ade improvement project within six (6) months at the grant award, Failure to complete the fa~ade improvements in a timely manner will result in the property owner. or tenant if applicable, losing the grant reimbursement opportunity, Original application received June 18.2001 included proposals from TNT Stucco and Tradesman Plastering. On June 20, 2001, proposals from C & H Landscape Contractors were received. No record of permits far landscaping A proposal for slgnage was never received - you applied for permiT on 01/04/02, which was finaled on 04/04/02. . Page 2 February 22, 2007 #26 - This program is designed as a reimbursement grant. That is. all work must be done and paid for by the owner. or tenant if applicable, prior to the City's funds being released. The City will provide reimbursement to the grantee upon submittal of cancelled checks. (showing the face, as well as the back of .the check) along with copies of invoices from the licensed contractor(s) that have been marked lipoid". · To date, no cancelled checks have been submitted, #27 - Request for reimbursement shall be summarized in a report and accompanied by proper documentation. Proper documentation will consist of invoices. receipts or other evidence of indebtedness, Proposals for work to be completed are not considered proper documentafion, Each item will be supported by a cancelled check showing the face of the check. as well as the back ot the cancelled check. . No cancelled checks have been submitted. #29 - Grant funds will be reimbursed exclusively for approved work and only for work that has been performed aHer the grantee has received notification that their grant application has been approved by the city, . The applicant never notified the city of completion of work. therefore there was no dty notification of approval. A summation of the aforementioned regulations is that permits were either applied for prior to the application submittal date of June 15. 2001. or aHer the six (6) month deadline required for the completion of the work. The irregular manner in which the work was performed due to the excessive time lapse from the initial application. left staff with the impression that the case was no longer active. Please feel tree to contact me at 742-6066 or Wilfred Hawkins. Assistant City Manager with any questions concerning this matter. Sincerely, I 0 I () ~~~:~ com":~evelopment Manager Xc: Carisse Lejeune S:\Community Improvement\Sherrod\Kaholi.doc vvt:.,~~P/I,N1V Ot:_tD ~E'CORD - RETURN '] ~ATEWAY TITLE W C 46 A.dOrtss This Instrument Prepar ed by: GATEWAY TITLE AND ABSTRACT COMPAXY INC. Addrtss 111 1\, CONGRESS AVENUE BOY~TON BEACH. FLORIDA J3426 GTl-8908 Property Appraisers Parcel I.D, (Folio) Number(s): 08-43-45-22-03-001-0230 Grantee(s) 5,5,#(s): Sl'ACE A8O\IE THIS LINE FOR PIlOCESSlII6 OA TA 6I'A.CE AllrNE THIS LINE FOR RE<XlRDIIIlI o.t fA -.-- ----- lhis llfljarranty ieed Made the 2nd day of January A [) 20(J,J fn, Avelardo Maldonado and Elizabeth A. Maldonado, his wife llereinafler called the grail tor, 10 Lisa Kallai Hargrove, a lTIiH'l'ied woman wllOse (Jostoffice adclr('ss is 310 S, Federal Highway Boynton Beach, hereinafter called /he grant('e {Wh~r~\:t'r t1\cd ht>(c.ill Ill., Itrlll~ 1o((alll.lr" and ~ralllec loclud(' 411 (he parti,o 10 [his 1I1'lrllffitnl .Iud tht' nt'in. 1('10(<11 tcptt'\t'lIl:ltl\(" dod a\\ilo(n\ fll lndi\ iou..h and lht' 'UCCf"nj.rs and ,,\\il(n~ of corpo'illion-;) ~ilnesseth: TIl(J/ II", [I1ull/or for alld If. (Olls'(!('raliorl 0/ Ille sum of $ 10. OU (Ul(1 othel [!uluahle consiJeralions, rp,pipl lvl,,'reof is '[prl,I,}' a,kllo(ul",[rl"d I,,'rpb}' Wnll1s. ')(tr[Jains, sc,lls, aliens 'p mises, releases, conveys anel confirms lInlo II", uran/pl' oll Illnl c('rloill lalld si/lInte in PAL.\1 BEAC County, Florida, viz: b-lorida 33435 North 30 feet of Lot 24 and all Lot 23 less that part described ill () k Book 795 Page 541, of BOYNTON PLACE. according to the Plat thereof recorded in P] u l 800]< 11 Page 40 of the Public Records of Palm Beach County, Florida SU8JECT fO 1'8strictions, reservlltl()n,;. limitdtlon,; ql1tl ei!!;H'cH:lt!; ot l'eCO:'(l, wnlnCl urUlndIlCf;:, u!':(1 the '/8iJr2004 and sub~JflQuent year:; Iogether willi all the /enemen/s. hereditaments and appurtenances thereto belongmg or in (lIlV wise appertaining. 10 lI-Iaue and to <<old, the same in fee simple forever Rod tile grantor hereby covenants with said gran/ee that the gran/or is lawfully seized of said land in fee simple; that the grantor has good right and lawful authority to sell and convey said land: tllat tl,,~ grantor hereby fully warrants /he title to said land and will defend the same against tile lawful claims of all persons whomsoever: and that said land is free of all encumbrances, excep/ taxes accruing subsequent to December 31, 2003 In ltftfitness lLtlfhereof, the said gran/or has signed and sealed these presents tIle day alld first above written. silge sealed and delivered in our presence: A ~~'c=-..f,,,,--~-J1 L :,--::Z ~ I-"~ \ Z \ ,(, ! ,)i <_, \ (;___r-: Timeline of Information Pertaining to Commercial Fa.;ade Improvement Grant Application Innovative Printing-810 N. Federal Highway 6/01/07 - Call received from George Kallai inquiring about the Commercial Fac;ade Improvement Grant program. Mike Simon, CRA Development Manager explained the program procedures and requirements. Mr. Kallai asked that an application and agreement be faxed to his daughter's business in order that they could begin the process for approval. The property Mr. Kallai referenced for the grant was 810 N. Federal Highway. 6/19/07 - Someone from Innovative Printing dropped off a signed application, signed agreement and copy of a Warranty Deed for the property. Nothing else accompanied these documents. Mike Simon called Mr. Kallai to inquire as to the reason he had provided so few documents, and how many were still needed in order to process the grant application. Mr. Kallai felt that he had provided all that was required and that Mike Simon was not being accommodating considering the discussion they had weeks before. Mr. Kallai thought it would be best if Mike could come out to the site and see what improvements they had done to the property. Mike Simon explained that visiting the site had no effect on staff receiving the necessary documents but agreed to meet Mr. Kallai at the property. Mike Simon took the documents delivered to the CRA office, as well as a blank copy in order to go through the application with Mr. Kallai. It became apparent while going through the documents that Mr. Kallai was missing several pages despite the fact that the fax indicator showed 9 pages were received by their fax. Mike Simon went through each page of the blank copy and left it with himin order they could resubmit their application. In order to place the application on the Board agenda for July, Mike Simon explained that the deadline for receiving the missing information would be the first week of July. The meeting ended shortly there after and Mr. Kallai was appreciative of the meeting. 8/30/07 - Ms. Barbara Swiatlowski, an employee of Innovative Printing and Assistant to the Owner - Lisa Hargrove, delivered a completed Commercial Fac;ade Improvement Grant. application and agreement and accompanying documentation including receipts, bids and a summary. Upon review of the submission by Mike Simon, several deficiencies were detected and a letter was drafted to Ms. Hargrove listing the documents still necessary. Mike Simon then phoned Ms. Swiatlowski to discuss the missing items and they arranged to meet at the CRA office the next morning to go over the items together. The application and agreement submitted displayed the original fax date of 6/01/07, but in this case, all 9 pages were together and in order. 8/31/07 - Ms. Swiatlowski met with Mike Simon in the morning and they went over all of the documents presented. Ms. SwiatIowski took the letter to Ms. Hargrove from the outgoing mailbox to hand deliver it and save the mail time. As the meeting concluded, it was discussed that it would be necessary to have the corrections made and the > RJ ~ .e ,~ :z: RJ 100 Q,) E "C Q,) RJ u.. I.. 0'1 Z 0 0 I.. Q, ...c ..., 00 c i.: RJ $! I.. CJ ..., ..., c c Q,) Q,) E E Q,) Q,) ~ lI) > I.. 0 0 = I.. 0'1 .Q Q.. I.. E E RJ """ :z: II) 'Q) Q,) RJ >- M a:: "C ,~ RJ ~ I.. RJ ....~M $! V> '.eM RJ g' 0'1.... "C u.. ~ ._ .- II. RJ ...,:z: ... '0 ,5 -.e E I.. RJ V I.. Q,IooRJ .Q Q,) Q,) ~ Q,) = E >Q,)IO tn E lI) :;:;u..C ..., 0 RJ . 0 Q.. U >Z..., 'Q) ~ 00;" v c ...c 0 Q,) U .5MIO a:: ~enenN~""""oo...-iN('f') -Nen,.......ooLt')Lt')...-i""""...-i SLt')Lt')NNa:;~r--:oo'<i OE l=Q ~ ~~ ~.yr~ ~~ .yr .yr.yr .yr.yr cC Q) c: t.~ .~ Q) Q) Q) 0........ ...... Vl Oro......roE B. E .!: E Q) ..s::: g' ~ 01:!: '- Ill) ~ 'u >- '6 0 ~ c ~ ~ ~ ~ 'iiJ 8 cu:i:J-:JDr:Jx'- >< ~ lB '- lB Q) Q) W Q) '- .2 '- Vl 0 '-'baJ'b5'- .E - X - 'C Q) 01 Q) 01 ro u .!: .!: > C:~ ~ ~ ~ ~ "0 0.. 0.. Q) Q) '- Vl ~ u o '- a:; ~ Vl ~~j 01'-,- '- ~ 0 o ...... 'C 'C c: Q) Q) .- ...... x ~ ~ ~'-Vl Vl 0 :J a.'c 0 .- Q) .- -6x~ Q) Q) > ..0 '- ro E I.. Q,) "C..............................4-J4-J......4-J cOO 0 000 000 cuo..o..o..o..o..o..o..o..a. > Q) Q) Q) Q) Q) Q) Q) Q) Q) ClClClClClClClClCl Q) Q) Q) Q) Q) Q) Q) Q) Q) E E E E E E E E E o 0 0 0 0 0 0 0 0 :c:c:c:c:c:c:c:c:c ,.......,.......,.......,....... ,.......,....... Q,)IO 000"""""""""""" 00 ...,____000__ RJen...-i~~::::rN-O\VLt') Q...-iNNN___...-i...-i ~~~~""""""""""""r::::-r::::- ro .j..J o 4-J J ..0 :J Vl ,....... '" o '" ...-i ...-i .yr 00 00 00 00 000 N.... .,-i.... .yr .yr Q) Q) u u c: c: ~J!:! '- L- Q) Q) .j..J ...... E E .C 'C Q) Q) a. a. E E :J :J c: c: E E :J :J <C<C ~~ .j..J .j..J o 0 0.. 0.. Q) Q) ClCl Q) Q) .j..J ...... ro ro 19t9 c:ii:lcX:l Q) Q) u u c: c: Q) Q) LL LL 1"'-1""-- 00 -- ",en _...-i 1""--- I""-- ro ...... o ...... J ro ..0 ...... :J 0 Vl f- 0,....... o en 00 o en 00 en~ M~ v .yr .yr IX. OLD BUSINESS: C. Consideration of Work Order #2 in the Amount of $224,000 to Kimley-Horn to Design Master Streetscape Plans for Federal Highway Corridor ~~Y~T8~ C East Side-West S'lde-Seaside Renaissance AGENDA ITEM STAFF REPORT eRA BOARD MEETING OF: November 14, 2007 I Consent Agenda I X I Old Business New Business Public Hearing Other SUBJECT: Consideration of Work Order #2 with Kimley-Hom in the Amount of $224,000 to a Design Master Streetscape Plan for Federal Highway Corridor. SUMMARY: At the October CRA Board meeting, the Board directed staff to obtain an estimate from Kimley-Hom to develop a master streetscape plan for the entire Federal Highway corridor under Kimley-Hom's continuing contract with the CRA. If approved, the work product would be a visual representation of the proposed improvements. The master plan would provide design recommendations that can be used as a basis for public improvements or as a design resource for future private development. No cost estimate for construction of the proposed improvements can be made until 30% ofthe engineered plans are created by Kimley-Hom. FISCAL IMP ACT: The cost of developing the Federal Highway Corridor Master Streetscape Plan is $224,000. Since this is not a budgeted item in the 07/08 budget, funds would have to come from either 06/07 rollover monies or a substitution would have to be made with items currently budgeted in the 07/08 adopted budget. RECOMMENDATIONS: Because funding for this project is not allocated in the 07/08 CRA budget, and the potentially enormous cost of implementing the proposed streetscape design, staff recommends that this project be looked at as a future capital improvement project that would be funded through a bond issuance in the 08/09 budget year. v~~{t~ Assistant Director T:\AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS\Completed Agenda Item Request Forms by Meeting\FY 2007 _ 2008 Board Meetings\07 11 14 CRA Board Meeting - November\Kimley Horn Federal Master Plan.doc ~]=[~ Kimley-Horn and Associates, Inc. November I, 2007 . Ms. Vivian Brooks Planning Director Boynton Beach CRA 915 S. Federal Highway Boynton Beach, Florida 33435 4431 Embarcadero Drive West Palm Beach, Florida 33407 Re: Federal Highway (U.S.I) Streetscape Master Plan - Work Authorization for Professional Consulting Services, Design and Professional Services Agreement dated June 28,2007 between Kimley-Horn and Associates, Inc. and the Boynton Beach CRA. Dear Vivian: In response to recent public comments and the CRA's desire to improve the visual character of Federal Highway within the Boynton Beach CRA limits, we offer the attached proposal for consulting services. This project offers the particular challenge of coordinating input from the CRA, the public, the City of Boynton Beach, overhead utility providers, Palm Tran, and FDOT to result in an attractive, viable streetscape design. Recently, our team visited the Federal Highway corridor through Boynton Beach to observe the existing streets cape and to brainstorm some ideas for improvements. Our exploration revealed to us that improvements can be made in consolidating design themes within the limits of the study, developing a hierarchy consistent with current and future development, identifying corridors for pedestrian travel, de-cluttering overhead utilities, and defining a program for implementation. We also propose to meet with the public, the City of Boynton Beach, FDOT, and Palm Tran officials to present intended recommendations and to receive their comments and input on the project. This master plan study will serve the CRA as a template for development to accommodate and incorporate a new streetscape aesthetic into the Boynton Beach Federal Highway corridor. We have attached a scope of services and fee for your review and comment. Sincerely, ~~ AND ASSOCIATES, INC. Marwan Mufleh, P.E. Project Manager . TEL 561 845 0665 FAX 561 863 8175 ~=~1 Kimley-Horn and Associates, Inc. Boynton Beach eRA October 30, 2007 - Page 2 SCOPE OF SERVICES BOYNTON BEACH CRA STREETSCAPE IMPROVEMENTS MASTERPLAN-FEDERAL IDGHW A Y CORRIDOR CITY OF BOYNTON BEACH This Scope of Services is offered by Kimley-Horn and Associates, Inc. to the Boynton Beach CRA to perform professional design, landscape architectural, engineering, and planning services related to developing a streetscape master plan for Federal Highway (U.S. I) within the CRA limits of Boynton Beach. It is our understanding that the master plan document will guide future streetscape enhancements within the Federal Highway corridor. SCOPE OF SERVICES A master plan will be developed to solicit comments from the community and to provide input to the design consultant. In particular, the following Federal Highway segments will be studied: · Segment I - Northernmost Boynton Beach city limit to C-16 Canal Bridge (Heart of Boynton Downtown area) · Segment 2 - Heart of Boynton Downtown area - C- I 6 Canal Bridge to SE 2nd A venue · Segment 3 - SE 2nd A venue to Southernmost Boynton Beach city limit Master plan studies and recommendations for each of these segments will be developed in accordance with the CRA Urban Design Guidelines, the Federal Highway Plan and other current CRA, City, and DOT transportation policies and studies. The Scope of Services is presented in the form of a series of tasks outlined below. Task I - Base Mappint: Kimley-Horn will collect available aerial photography and base mapping of the project study area. Available Geographic Information System (GIS) data and linework will be used and supplemented with existing aerial photographs showing existing conditions. A survey of the corridor is not included in this task. The result of this task will be a base map upon which master plans will be developed. The CRA will be involved in decision-making relative to the selection of base mapping formats for the street segments. Task II - Inventory and Analvsis An inventory and analysis of the segments will be conducted resulting in a written and graphic summary of existing conditions having the potential to ~=~ Kimley-Horn and Associates, Inc. Boynton Beach eRA October 30, 2007 - Page 3 influence the master plan. Items to be examined include the following: · Existing right-of-way widths · Existing typical cross-sections approximate above-ground utility locations, and identifying ownership of overhead utilities. · Location of public transportation stations and school crossings and the ease of pedestrian crossings at other locations · Sidewalk continuity and sidewalk widths · Aesthetics and streetscaping (photographic inventory) · On street parking · Circuitry of access routes · Qualitative assessment of operating speeds A written and graphic summary of the inventory and analysis phase will be provided to the CRA for their review. The graphics and photographs will be prepared suitable for use during public presentations and community workshops. We will present our findings to the eRA and at a public workshop, described in a subsequent task. Task III - Preliminary Master Plan Based on the results of the inventory and analysis, a preliminary master plan that includes the three segments will be prepared for use in the public involvement process. The preliminary master plan will be prepared at a scale suitable for public presentation, and will address the following items: · Typical street cross-sections · Typical streetscape treatments, pavers, planters, tree grates, landscaping, etc. · Special architectural features, signage, trellis, bus shelters, or other features identified for inclusion into the master plan study · Plan enlargements, sections, or elevations as necessary to communicate special features including signed entrance ways, pedestrian amenities (benches, waste receptacles, etc.), street lighting, pedestrian lighting, or other elements identified for inclusion into the plan. A full plan layout of the entire corridor is not included in this study. Typical plan enlargements of up to ten (10) areas will be included to depict portions of the three design segments. · Up to three (3) computer enhanced images for selected areas depicting typical before and after conditions as they would appear based upon the master plan. · Written narrative describing the technical, functional, or aesthetic features of the segment. A draft version of the preliminary master plan will be presented to the CRA and the public for review and comment. Appropriate changes will be incorporated into the master plan based on input from the CRA. We will first meet with the CRA and interested parties for a half-day design charette to determine theming and gather ideas for incorporation into the ~=~ Kimley-Horn and Associates, Inc. Boynton Beach eRA October 30, 2007 - Page 4 Preliminary Master Plan. After producing the Preliminary Master Plan, we will meet with you to present our findings. We will then present to the public at a workshop described under Task IV. This Task is limited to three (3) meetings with the CRA. Task IV - Communitv Involvement This task will include the development of a community involvement plan defining distinct community areas in which workshops and meetings will be held. The definition of the community areas and strategy for involving the community groups will be presented to the CRA for review and comment. Community workshops and meetings will be designed to communicate broad social and technical information pertaining to the corridor, and to initiate the process of local visioning which will serve to form the basis for the master plan. Although all the interest groups may not require the same level of facilitation, it is proposed that one workshop be conducted for each of the three (3) community areas. These workshops will be organized as outlined below. Workshop One (up to 4 hours) · Conduct "awareness walk" to review field conditions · Present and review the preliminary master plan and supporting documentation including base information and project goals · Breakout sessions to identify key issues and community goals and to work on specific elements to be examined for inclusion into the master plan Upon completion of Workshop One, a written and graphic workshop summary will be prepared. The preliminary master plan will be re-addressed utilizing the community input. This revised preliminary plan will be reviewed with the CRA and other relevant agencies prior to proceeding. Workshop Two (up to 4 hours) · Present and review the revised preliminary plan and supporting documentation including implementation costs. · Breakout sessions as desired to comment on the preliminary plan and implementation options Upon completion of Workshop Two, a written and graphic workshop summary will be prepared. It is anticipated that all community workshops will be conducted at a location to be provided by the CRA and that all public notification of these workshops will be the responsibility of the CRA. We will provide up to four professional staff members at each workshop who are versed in the facilitation of such community workshops. It is anticipated that ~=~ Kimley-Horn and Associates, Inc. Boynton Beach eRA October 30, 2007 - Page 5 these individuals will additionally have an understanding in the subject matter being examined during these workshops including utility design, -roadway design, streetscape design, urban design, construction and construction costs, and permitting. Task V - "Finalized" Master Plan and Reoort The finalized master plan will be prepared to reflect the comments and ideas obtained during the second workshop as described in Task IV. These drawings will be at a scale suitable for public presentation, and will address the following items: · Typical street cross-sections · Typical streetscape treatments · Plan enlargements, sections, or elevations as necessary to communicate special features including traffic calming measures, urban entrance ways, pedestrian amenities, street lighting, pedestrian lighting, or other elements identified for inclusion into the plan. A full plan layout of the entire corridor is not included in this study. Typical plan enlargements of up to ten (10) areas will be included to depict portions of the three design segments. · Refined computer enhanced images of up to three (3) various components of the study area A report will be prepared describing the technical, functional, or aesthetic features of the finalized master plan. The report will also include a section on project implementation and opinions of probable construction costs based upon the design team's input and other information obtained during the planning process. It is anticipated that the report will also address the following implementation factors, for each segment: · Estimated implementation costs for utility improvements or relocations · Estimated implementation costs for streets cape design features · Value engineering opportunities and their related savings · Options for streetscape design based upon various levels of finish · Phasing, funding and financing opinions The finalized master plan and report will be submitted to the CRA and other relevant agencies, including FDOT, for their review. We will first meet with the CRA for a half-day design charette to review the process to date, gather additional CRA input, and present our anticipated direction for incorporation into the "Finalized" Master Plan. After producing a draft of the "Finalized" Master Plan, we will submit the plan for comments. We will then incorporate one round of your comments into our "Finalized Master Plan" deliverable, of which we will present fifteen (15) copies, as well as a digital, POF version for reproduction. ~=~ Kimley-Horn and Associates, Inc. Boynton Beach eRA October 30, 2007 - Page 6 Task VI - Utility. FDOT. and Palm Tran Coordination The objective of Task VI will be to coordinate the design criteria for each segment. Accordingly, we will meet with overhead utility providers, FDOT and Palm Tran to discuss design alternatives and feasibility of our recommendations. Central to this coordination strategy will be to communicate design alternatives and master plan direction to FDOT and Palm Tran, as well as jointly develop construction options and priorities. We will also determine possibilities for overhead utility relocation. We will meet with overhead utility providers, FDOT and Palm Tran officials up to two (2) times each. Additional Services Upon your authorization, we will provide any additional services that may be required beyond those described above. These services may include, but are not limited to such items as the following: · Surveying · Construction documents and bidding instruments for the elements designed during the master plan process · Lighting design with photometrics · Easement negotiations with off site property owners · Traffic engineering analysis · Environmental analysis and engineering · Construction - related permitting and permit coordination · Geotechnical Engineering · Planning-related amendments · Preparation of right of way acquisition sketches or descriptions · Bid Phase services · Construction phase services Su b-Consultants The following sub-consultants have been identified to assist in the preparation of the streetscape master planning efforts. · Saltz Michelson Architects will assist in conceptual design of architectural design features along Federal Highway, such as: busltrolley shelters, decorative "Boynton Beach" signage, custom bench/seatwalls, trellis, public art display elements, or other above-ground architectural features. · Burkhardt Construction will provide opinions of probable construction cost and budgeting input with regard to proposed improvements. 11III'"'1- ~ Kimley-Horn IIIIIiI.J _ L_J and Associates, Inc. Boynton Beach eRA October 30, 2007 - Page 7 SCHEDULE Once authorized to proceed, we will meet with you to mutually agree upon a schedule for completion. Past similar studies have been completed in as little as five to six months, and depend on coordination with parties outside of the CRA and with CRA reviews of draft master plan materials. COMPENSATION We will provide the scope of services as described as outlined below. Task Description Lump Sum Amounts I II III IV V VI TOT AL: Base Mapping Inventory and Analysis Preliminary Master Plan Community Involvement "Finalized" Master Plan and Report FDOT and Palm Tran Coordination $18,000 $24,000 $62,000 $26,000 $74,000 $20.000 $224,000 CLOSURE In addition to the matters set forth herein, our agreement shall include, and shall be subject to, the Design and Professional Services Agreement dated June 28, 2007 between Kimley-Horn and Associates, Inc. and the Boynton Beach CRA. KHA, in an effort to expedite invoices and reduce paper waste, offers its clients the option to receive electronic invoices. These invoices come via email in an Adobe PDF format. We can also provide a paper copy via regular mail if requested. Please select a billing method from the choices below: Please emaiJ all invoices to @ Please email invoices to @ AND provide a hard copy to the address listed above (please note below if it should be to someone else's attention or an alternative address). _ Please ONL Y provide a hardcopy invoice to the address listed above (please note below if it should be to someone else's attention or an alternative address). ~J=~ Kimley-Horn and Associates, Inc. Boynton Beach eRA October 30, 2007 - Page 8 If you concur in the foregoing and wish to direct KHA to proceed with the aforementioned services, please execute the enclosed copy of this letter agreement in the space provided and return the same to the undersigned. Fees and times stated in this agreement are valid for sixty (60) days after the date of the agreement by the Consultant. We appreciate this opportunity to submit this proposal. Please contact me at (561)845-0665 if you have any questions. Sincerely, ASSOCIATES, INC. ~w f( tU. By: R. Russe Principal ,P.E. Marwan Mufleh, P.E. Project Manager Agreed to this day of 2007 BOYNTON BEACH CRA By: Chairperson (Print or type name) Recommended Approval: Executive Director (Print or type name) Approved to Form and Legal Sufficiency: CRA Attorney (Print or type name) IX. OLD BUSINESS: D. Consideration of Releasing Delray-Boynton Academy from CRA Mortgage and Note \v'1 ,". ' i .~ '~V-':::: //:",'''' ".c", ;iI':~ .;...,~~, '\ , '''' " t 1 '. IJ~~Y~T8~IC RA iii East Side-West Side-Seaside Renaissance , AGENDA ITEM STAFF REPORT eRA BOARD MEETING OF: November 14,2007 I Consent Agenda I X Old Business New Business Public Hearing Other SUBJECT: Delray Boynton Academy SUMMARY: The CRA partnered with the Palm Beach County Development Regions Grant Program to support the purchase of the Delray Boynton Academy charter school. The CRA entered into a Grant Agreement with the Delray Boynton Academy outlining the covenants governing the program, which offered a total of $1 00,000 of matching grants in exchange for creating jobs within the CRA district. The grant program allowed the Academy to receive a $50,000 grant from Palm Beach County and a matching grant from the CRA in the amount of $50,000. The $100,000 was secured by a Mortgage and Promissory Note recorded on February 09,2006. In June 2007, the Delray Boynton Academy moved from this facility and has the building for sale. FISCAL IMPACT: $100,000 RECOMMENDATIONS: Direct staff to release the mortgage from the Delray Boynton Academy Building. T:\AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS\Completed Agenda Item Request Forms by Meeting\FY 2007 - 2008 Board Meetings\07 11 14 CRA Board Meeting - November\Delray Boynton Academy.doc MEMORANDUM TO: Donald J. Doody, CRA Counsel FROM: Lisa Bright, Executive Director RE: Delray Boynton Academy DATE: October 21, 2007 As per our telephone conversation of Thursday August 18th, enclosed are copies of the CRA Agreement with Mr. Joe Greene of Delray Boynton Academy and the accompanying mortgage. For your convenience I have tabbed, Item 1 (C) under Grantee's Performance Obligations outlining the agreed upon performance dates necessary to secure the $50,000 Palm Beach County (PBC) Development Regions Grant Program portion as well as the Boynton Beach CRA matching $50,000 grant. Last Thursday, Mr. Greene advised he has closed the school and needs a letter from the Boynton Beach CRA releasing the $100,000 mortgage. Mr. Greene further reported all requirements for the grant met and the release is necessary to facilitate the sale of the building. Staff has not received a required grant report from Mr. Greene since June 30, 2006; therefore, we believe the performance obligation has not been met as well as a discrepancy over the dates. Mr. Greene is of the understanding that the performance dates have been met with an initial date of June 8, 2004. If you need any additional information or details about this grant program, please contact either Vivian or I. lib Ene!. cc: V. Brooks, Assistant Director M. Augustin, Legal Assistant to OJ Doody ~~R~T8lRA _ East Slde~WestSide~Seaside Renaissance MEMORANDUM TO: FROM: OJ Doody, CRA General Counsel AN-\ Lisa Bright, Executive Director(/t/ RE: Palm Beach County Development Regions Grant - Delray Boynton Academy DATE: October 4, 2007 As per our email correspondence, attached are the following documents: 1.) CRA Grant Agreement with Delray Boynton Academy 2.) Mortgage for the property located at 425 NE 10TH Street, Boynton Beach, FL executed February 6, 2006 3.) Copies of CRA Accounting Records for the $100,000 funds distribution to Delray Boynton Academy Additionally, I attached a lease solicitation I received by chance learning that the building had been sold. I contacted Ms. Carol Bishop and asked her if the building for lease was one and the same as the Delray Boynton Academy (addresses are different) and she reported they are the same. I have been unsuccessful in locating the sale on the property tax appraiser web site to verify the accuracy. I have also contact Mr. Louis Carbone to verify the sale. Once I hear from him, I will advise you immediately. In the meantime, I tabbed Item 1.) C which outlines timing, expiration dates, etc. for receiving the $100,000 which is $50,000 from the CRA and $50,000 from the County. Please review at your convenience. lib Attachments cc: M. Augustin, wlAttachments V. Brooks, wlo Attachments 915 South Federal Highway Boynton Beach. Florida 33435 Ph: 561-737-3256 Fax: 561.737-3258 W\vw.bo)'ntonbeachcra.com COMMUNITY REDEVELOPMENT A GENCY "eRA" GRANT AGREEMENT th THIS AGREEMENT is made this ~ day of 'J; .Li'l.e..,2004, by and between the BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY a public body corporate and politic, duly created and operated pursuant to Chapter 163, Florida Statutes, hereinafter referred to as "CRA," and Delray Boynton Academy hereinafter referred to as "GRANTEE." WIT N E SSE T H: WHEREAS, it is the policy of the "CRA" to stimulate and encourage economic growth within the Community Redevelopment Area, pursuant to carrying out its purposes as provided for under Chapter 163, Florida Statutes; and WHEREAS, the "CRA" has been awarded a grant known as the Palm Beach County Development Regions Core Grant Agreement dated June 8, 2004; and WHEREAS, pursuant to the administration of said Palm Beach County Development Regions Competitive Grant Agreement, the "CRA" wishes to provide assistance and support for the development and revitalization of the GRANTEE's business and properties within the Community Redevelopment Area; and WHEREAS, the "CRA" has determined that it is in the public's best interest and pursuant to carrying out its purposes, pursuant to the Community Redevelopment Plan to award a grant to the GRANTEE pursuant to the terms of this Agreement; and WHEREAS, in order to secure the public:s interest in the grantee's fulfillment of its obligations, it is the intent of the grantor to obtain a security interest in the real property of the grantee; NOW, THEREFORE, in consideration of the premises and mutual covenants hereinafter contained, the parties hereby agree as follows: I. GRANTEE'S PERFORMANCE OBLIGATIONS A. GRANTEE agrees that it will carry out the redevelopment project and activities as more specifically set forth in Exhibit "A" to this Agreement, attached hereto and incorporated herein by reference. GRANTEE agrees that the redevelopment activities contemplated by this Agreement shall commence within Twelve (12) months of the effective date of this agreement and will be completed in accordance with the terms of this Agreement. GRANTEE agrees that it is solely liable to the "CRA" for performance under this Agreement, and that, in the event of default, GRANTEE will, as more specifically set forth herein, refund to the "CRA" monies paid pursuant to this Agreement. GRANTEE hereby certifies that it is authorized by law to be so bound. B. GRANTEE hereby certifies that it has or will retain adequate staff to oversee execution of its performance obligations under this Agreement, and that execution of each of these performance obligations is consistent with GRANTEE's mission. C. As a condition to obtaining the maximum of One Hundred Thousand dollars ($100,000) from the "CRA", the GRANTEE shall cause, as a direct result of the activities set forth in Exhibit "A" to this Agreement within Twenty (20) months and maintaining the same for Twenty-Four (24) months, the creation of at least Five (5) full time jobs (1 FTE = 2,080 hours per year) in Palm Beach County within twenty months (20) [February 7, 2005} and maintaining for Twenty-Four (24) months, or through the Forty-Forth (44) month [February 7,2008] which occurs first on completion of the project as set forth in Exhibit "A". GRANTEE shall be entitled to retain such lesser amounts as may be equal to the grant award per job, multiplied by the number of positions created pursuant to this Agreement. In accordance with the provisions of paragraph I. E. hereinbelow, the number, dates and salaries of all hires in Palm Beach County must be substantiated by GRANTEE, to the "CRA's" satisfaction, within Twenty (20) months of completion of the project as set forth in Exhibit "A". For the purposes of this Agreement, the term salary means wages, gratuities, salaries, commissions, bonuses, drawing accounts (against future earnings), prizes and awards (if given by an employer for the status of employment), vacation pay, sick pay, and other payments consistent with the Florida Department of Labor and Employment Security definitions, paid to employees. As a further condition to retaining all grant amounts received from the "CRA", GRANTEE shall cause to be paid an average salary equal to or greater than the minimum wage as established by the Department of Labor. D. Workforce Development Board -In the event a job becomes available, the GRANTEE shall mail the job description to the Workforce Development Board of Palm Beach County, Inc., at the address stated below. It is the intent of this clause to make all opening positions available on a competitive basis. Kenneth E. Montgomery, Executive Director Workforce Alliance, Inc. 2051 Martin Luther King Boulevard, Suite 302 Rivera Beach, Florida 33404 E. As a further condition to retaining any Grant funds from the "CRA", the GRANTEE shall provide to the "CRA" written verification, satisfactory to the "GRA" in its sole discretion, of compliance by GRANTEE with all agreed upon performance standards as set forth in paragraphs I. C. and I. D. hereinabove. GRANTEE may provide to the "GRA" this verification once all applicable portions of the performance standards set forth in paragraphs I. G. and I. D. of this Agreement have been met; provided, however, that GRANTEE shall provide this verification on or before the expiration of the Twentieth (20) calendar month following completion of the project as set forth in Exhibit "A". Within ninety (90) days from the date this verification is submitted to the "CRA", GRANTEE agrees to refund to the "GRA" Twenty Thousand Dollars ($20,000.00) for each Full Time position not created until the expiration of the twelfth (12) month following completion of the project as set forth in Exhibit "A". F. As a further condition of this grant, the GRANTEE hereby agrees to execute a note in favor of the "GRA" in an amount equal to the grant and additionally secure such obligations under the note by executing and delivering to the "GRA" a mortgage encumbering Grantee's real property as described in Exhibit C. Such mortg~ge shall be junior only to those permitted senior encumbrances listed in Exhibit G. The terms of the note shall only be due and payable in the event of a default of the Grantee's obligation under the Grant agreement and in the event no default shall have occurred, the Grantee shall have fully performed under the grant conditions, the note and mortgage shall be extinguished and satisfied. Sufficient collateral shall be available to secure the note and mortgage. 2 II. PAYMENT PROCEDURES, CONDITIONS A. The Grant funds available under this Agreement will be provided only for reimbursement of expenses related directly to the Scope of Work as set forth on Exhibit "A", which is attached hereto and made a part hereof. To be eligible for reimbursement, such expenses must be: 1. Incurred on or after June 8, 2004 (Retro date) 2. Incurred no later than December 7, 2005. (18 Months from contract date). S. "CRA" agrees, pursuant to the terms of this Agreement, to make payments to the GRANTEE for all eligible types of expenditures as set forth in Exhibit "S" to this Agreement, attached hereto and made a part hereof. Requests by GRANTEE for payment shall be accompanied by proper documentation. For the purposes of this paragraph, originals of invoices, receipts or other evidence of indebtedness shall be considered proper documentation. When original documentation cannot be presented, the GRANTEE must adequately justify their absence, in writing, and furnish copies thereof. In the case of invoices that have not first been paid by GRANTEE, GRANTEE shall certify to the "CRA" that each invoice presented for payment relates directly to work satisfactorily completed as contemplated by this Agreement. C. Requests for payment for costs incurred after the effective date of this Agreement shall be submitted to the "CRA" no later than forty-five (45) days after the date the indebtedness was incurred. Requests for payment for costs incurred prior to the effective date of this Agreement shall be submitted to the "CRA" no later than fifteen (15) days after the effective date of this Agreement. Requests for payment shall not be honored if received by the "CRA" later than the expiration of the twenty fifth (25) calendar month following the effective date of this Agreement. If GRANTEE fails to submit any requests for payment by the expiration of the twenty fifth (25) calendar month following the effective date of this Agreement, then this Agreement shall automatically terminate, thereby relieving the parties hereto of any obligations hereunder. D. If the GRANTEE fails to comply with any of the provisions of this Agreement, the "CRA" may withhold, temporarily or permanently, all, or any, unpaid portion of the funds upon giving written notice to the GRANTEE, and/or terminate this Agreement and the "CRA" shall have no further funding obligation to the GRANTEE under this Agreement. E. The GRANTEE shall repay the "CRA" for all unauthorized, illegal or unlawful expenditures of funds, including unlawful andlor unauthorized expenditures discovered after the expiration of this Agreement. The GRANTEE shall also be liable to reimburse the "GRA" for any lost or stolen funds. F. In the event the GRANTEE ceases to exist, or ceases or suspends its operation for any reason, any remaining unpaid portion of this Agreement shall be retained by the "GRA" and the "CRA" shall have no further funding obligation to GRANTEE with regard to those unpaid funds. The determination that the GRANTEE has ceased or suspended its operation shall be made solely by the "CRA" and GRANTEE, its successors or assigns in interest, agrees to be bound by the "CRA's" determination. G. Funds which are to be repaid the "GRA" pursuant to this Agreement, are to be repaid by delivering to the "CRA" a cashier's check for the total amount 3 H. due payable to the "GRA" within seventy-five (75) days of the "CRA's" demand. The above provisions do not waive any rights of the "CRA" or preclude the "CRA" from pursuing any other remedy which may be available to it under law. Nothing contained herein shall act as a limitation of. the "CRA's" right ~o be repaid in the event the GRANTEE fails to,comply with the terms of this Agreement. III. DEFAUL TITERMINATION A. In the event that a party fails to comply with the terms of this Contract, other than payment of funds, then the non-defaulting party shall provide to the defaulting party notice of the default and the defaulting party shall have thirty (30) days within which to initiate action to correct the default and ninety (90) days within which to cure the default to the satisfaction of the non-defaulting party. B. In the event that the defaulting party fails to cure the default, the non- defaulting party shall have the right to terminate this Contract. The effective date of the termination shall be the date of the notice of termination. C. Termination of this Agreement by Palm Beach County shall relieve the CRA of any further obligation of Palm Beach County's portion of the grant. IV. REPORTING REQUIREMENTS GRANTEE agrees to submit semi-annual (2) reports pursuant to the format set forth in Exhibit "0", attached hereto and made a part hereof. Beginning with the end of the sixth month following the effective date of this Agreement, these reports shall be submitted in a manner satisfactory to the "CRA" in its sole discretion no later than twenty (20) days following completion of each reporting period. The final semi- annual report shall be submitted to the "CRA" no later than the forty-seventh (47) month following the effective date of this Agreement. All grant payments made pursuant to this Agreement shall be contingent on the receipt and approval of the semi-annual reports required by this paragraph. V. MAXIMUM GRANT AMOUNT In no event shall the reimbursements made to GRANTEE pursuant to this Agreement exceed the maximum total grant of One Hundred Thousand Dollars ($100,000). VI. FINANCIAL ACCOUNTABILITY, REPORTS AND AUDITS The "CRA" may have a financial system analysis and an internal fiscal control evaluation of the GRANTEE performed by an independent auditing firm employed by the "CRA" at any time the "CRA" deems necessary to determine the capability of the GRANTEE to fiscally manage the grant award. Upon completion of all tasks contemplated under this Agreement, copies of all documents and records relating to this Agreement shall be submitted to the "GRA" if requested. VII. PERFORMANCE The parties expressly agree that time is of the essence with regard to performance as set forth in this Agreement and failure by GRANTEE to complete performance within the times specified, or within a reasonable time if no time is specified herein, shall, at the option of the "CRA" without liability, in addition to any of the "CRA's" rights or remedies, relieve the "GRA" of any obligation under this Agreement. 4 VIII. INDEMNIFICATION The GRANTEE agrees to protect, defend, reimburse, indemnify and hold the "CRA", its agents, its employees and elected officer and each of them, free and harmle~s at all times from and against any and all claims, liability, expenses, losses, costs, fines and damages, including attorney's fees, and causes of action of every kind and character against and from "CRA" which may arise out of this Agreement. The GRANTEE recognizes the broad nature of this indemnification and hold harmless clause, and voluntarily makes this covenant and expressly acknowledges the receipt of good and valuable consideration provided by the "CRA" in support of this obligation in accordance with the laws of the State of Florida. GRANTEE's aforesaid indemnity and hold harmless obligations, or portions or applications thereof, shall apply to the fullest extent permitted by law but in no event shall they apply to liability caused by the negligence or willful misconduct of the "CRA", its respective agents, servants employees or officers, nor shall the liability limits set forth in Section 768.28, Florida Statutes, be waived. This paragraph shall survive the termination of the Agreement. IX. INSURANCE GRANTEE shall, on a primary basis and at its sole expense, agree to maintain at all times during the life of this Agreement, self-insurance, insurance coverages, limits, including endorsements, as described herein. The requirements contained herein, as well as CRA's review or acceptance of self-insurance or insurance maintained by GRANTEE are not intended to and shall not in any manner limit or qualify the liabilities and obligations assumed by GRANTEE under the Agreement. A. Liability & Additional Insured - GRANTEE shall maintain Commercial General Liability and Business Auto Liability at limits not less than $500,000 per occurrence. GRANTEE further agrees to endorse Community Redevelopment Agency as an "Additional Insured" to the Commercial General Liability, but only with respect to negligence other than CRA's negligence arising out of this Agreement. B. Worker's Compensation & Employer's Liability - GRANTEE agrees to maintain, or self-insure, Worker's Compensation & Employer's Liability insurance in accordance with Florida Statute, Chapter 440. C. Statement or Certificate of Insurance - GRANTEE agrees to provide a statement, or Certificate of Insurance, evidencing insurance or self-insurance for the above required coverages to the attention of CRA 639 E. Ocean Ave. Suite 107 Boynton Beach, FI 33435. X. AVAilABILITY OF FUNDS The "CRA's" obligation to pay under this Agreement is contingent upon having received payment from Palm Beach County, pursuant to the terms of that certain Palm Beach County Development Regions Competitive Grant Agreement, June 08, 2004, which said Agreement is hereby incorporated herein by reference and made a part hereof. 5 XI. REMEDIES AND VENUE The laws of the State of Florida shall govern this Agreement. Any and all legal action necessary to enforce the Agreement will be filed in Palm Beach County. No remedy herein conferred upon any party is intended to be exclusive of any other remedy, and each and every such remedy shall be cumulative and. s~all be in addition to every other remedy given hereunder or now or hereafter eXisting at law or in equity or by statute or otherwise. No single or partial exercise by any pa~ of any right, power, or remedy hereunder shall preclude any other or further exercise thereof. XII. CIVIL RIGHTS COMPLIANCE The GRANTEE warrants and represents that all of its employees are treated equally during employment without regard to race, color, religion, disability, sex, age, national origin, ancestry, marital status, or sexual orientation. XIII. FEES, COSTS If any legal action or other proceeding is brought for the enforcement of this Agreement, or because of an alleged dispute, breach, default or misrepresentation in connection with any provisions of this Agreement, the successful or prevailing party or parties shall be entitled to recover reasonable attorneys' fees, court costs and all expenses (including taxes) even if not taxable as court costs (including, without limitation, all such fees, costs and expenses incident to appeals), incurred in that action or proceeding, in addition to any other relief to which such party or parties may be entitled, provided, however, that this clause pertains only to the parties to this Agreement. XIV. SEVERABILITY If any term or provision of this Agreement, or the application thereof to any person or circumstances shall, to any extent, be held invalid or unenforceable, the remainder of this Agreement, or the application of such terms or provision, to persons or circumstances other than those as to which it is held invalid or unenforceable, shall not be affected, and every other term and provision of this Agreement shall be deemed valid and enforceable to the extent permitted by law. XV. ENTIRE AGREEMENT The "CRA" and the GRANTEE agree that this Agreement sets forth the entire Agreement between the parties, and that there are no promises or understandings, including prior oral representations, other than those stated herein. None of the provisions, terms and conditions contained in this Agreement may be added to, modified, superseded or otherwise altered, except by written instrument executed by the parties hereto. XVI. NOTICE All notice required in this Agreement shall be sent by certified mail, return receipt requested, to: Boynton Beach Community Redevelopment Agency 639 E Ocean Ave, Suite 107 6 Boynton Beach, FL 33435 with a copy to: Lindsey Payne, Esq. Goren, Cherot, Doody, Ezrol, P.A. 3099 East Commercial Boulevi'lrd Suite 200 Ft. Lauderdale, FL 33308 and it sent to the GRANTEE shall be mailed to (current official address): Delrav-Bovnton Academv 425 NE 19th Street Bovnton Beach FI 33435 IN WITNESS WHEREOF, the Chair at the CRA has made and executed this Agreement and the GRANTEE has hereunto set its hand the day and year above written. ATTEST: CRA .~~ \fu{'JY1 a A1/~ - By9~~~'~ /' Chair ATTEST: Su...',un Jlcf LA Q..tLtA EXHIBIT A SCOPE OF SERVICES PROJECT DESCRIPTION: Delray Boynton Academy is a five-year public charter school established in January 1999. The school currently located at 900 North Seacrest boulevards, operates from the S1. John Missionary Baptist Church Educational Center. The current student population is composed of sixty-nine students. During the close of the 202- 2003 school term, two 6th graders were retained and one ih grader was retained. Eighteen out of twenty 8th graders moved onto high school for a 90% success rate. For the last two years, the dream of having a new school took precedence and today that dream' is reality. In January 2004, through the persistent efforts of the founder and executive director Joe Green, Delray Boynton Academy's new 8,460 square feet upscale modular building was approved. Phase I - The land was purchased on January 27, 2004 at a cost of ($225,000) Phase II - The entire permit, planning, and zoning process has been completed and signed off on by the commissioners. Phase 111- Construction is scheduled to begin in April 2004 and should be completed by August 2004. We are asking for funds for completion of the building. Proposed Starting Date: April 2004 Proposed Ending Date: August 2004 County Core Grant to "CRA" CRA funding In equity Total Project Cost $ 50,000 $ 50,000 $ 805.502 $ 905,502 PROJECT LOCATION Contact Delray-Boynton Academy 425 NE 10th Street Boynton Beach, FL 33435 Joe Green 561- 736-8828 Jobs to Create: 5 Jobs Existing: 9 The grant would be given to the Grantee upon completion of a financing and construction plan for the project satisfactory to the Grantor. The Gr~ntee can incur expenses after June 8, 2004 related to the grant and must complete the project by no later than December 7,2005 including job growth requirements. EXHIBIT B LIST OF ELIGIBLE ACTIVITIES 1. Acquisition of real property. 2. Expansion of existing property. 3. Providing payment of impact fees. 4. Facade improvement programs. 5. Construction of new buildings. 6. Renovation of existing buildings. 7. Site development assistance. (Reimbursements will not pay: architectural or attorney's fees/retainers or deposits on goods not received.) ;EXHIBIT C The GRANTEE will execute a promissory note in favor of the CRA in the amount of $100,000.00 equal to the grant and additionally secure such obligations under the note by executing and delivering to the "CRA": $100,000 mortgage lien encumbering real property described below: 425 NE 10th Street Boynton Beach, FI33435 Parcel # 08-43-45-21-22-006-0021 Legal Description: The east 300' feet of Block "B", less the right-of-way of the F.E.C. railway, Meeks and Andres addition to Boynton, according to the plat thereof on file in the office of the Clerk of The Circuit Court in and for Palm Beach County, Florida, recorded in Plat Book 5, Page 84 of the Public Records, said land situate, lying and being in Palm Beach County, Florida. EXHIBIT D SEMI-ANNUAL REPORT FORM Please Circle: ROUND FINIAL Name of Applicant: Name of Project: Start Date: Completion Date: Please Circle Reporting Period: 2004 1 2 2005 1 2 2006 1 2 Funding Spent by Source for these 6 months: County Cumulative Funds Spent for Round I Participants Only: CRA Business Other Describe Status of Project in Relation to: 1. Renovation of Property: What will be accomplished by the next Semi-Annual Report? Employment Status at Project: Jobs Retained Start Date Title/Position Hours/Week Wage/Hour New Jobs Created Start Date Title/Position Hours/Week Wage/Hour Promissory Note Amount $100,000.000 West Palm Beach, Florida -f' un ~ 1( ,2004 FOR VALUE RECEIVED, the undersigned, Uointly and severally, if more than one) promises to pay to BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY, or order, in the manner hereinafter specified, the principal sum of One Hundred Thousand Dollars ($100.000.00) with zero percent interest. The said principal shall be payable in lawful money of the United States of America at 639 E. Ocean Avenue, Suite 107, Boynton Beach, Florida 33435, or at such place as may hereafter be designated by written notice from the Holder to the Maker hereof, on the date and in the manner following: This note shall become due and payable only in the event of a default of the Maker/Grantee's obligations under the Agreement entered into between Bovnton Beach CRA and Delray-Boynton Academy on In the event the Maker shall fail to comply with the terms of the said Palm Beach County Grant Agreement after having received the required notice of default, as provided for therein, the Payee shall have the right to demand payment of this Note in full without further notice to Maker. This note is secured by a $100,000 mortgage on real estate: 425 NE 10th Street Boynton Beach, FI33435 Parcel # 08-43-45-21-22-006-0021 LeQal Description: The east 300' feet of Block "B", less the right-of-way of the F.E.C. railway, Meeks and Andres addition to Boynton, according to the plat thereof on file in the office of the Clerk of The Circuit Court in and for Palm Beach County, Florida, recorded in Plat Book 5, Page 84 of the Public Records, said land situate, lying and being in Palm Beach County, Florida. This note of even date herewith, made by the Maker hereof in favor of the said Payee, and shall be construed and enforced according to the laws of the State of Florida. If default be made in the payment of any of the sums herein or in said mortgage, or in the performance of any of the agreements contained herein or in said mortgage, then the entire principal sum shall be collectible without notice, time being of the essence; and said interest at the highest rate allowable under the laws of the State of Florida. Failure to exercise this option shall not constitute a waiver of the right to exercise the same in the event of any subsequent default Each person liable hereon whether maker or endorser, hereby waives presentment, protest, notice, notice of protest and notice of dishonor and agrees to pay all costs, including a reasonable attorney's fee, whether suit be brought or not, if, after maturity of this note or default hereunder, or under said mortgage, counsel shall be employed to collect this note or to protect the security of said mortgage. Whenever used herein the terms "holder," "maker" and "payee" shall be construed in the singular or plural as the context may require or admit. Maker's Address: 425 NE 10th Street Boynton Beach, FI 33435 By: Printed Name: Title: Pf'IVl~ Corporate Seal Sworn to and~ubscribed b~ me This is day of . !NIL-L ,2004. Notary Public My commission expires: J._ -,... I Loot __~ ~ I ~sonallxJsnqw.D< or Type of ~tifh..;Cl.ttoi1 susan '/1eIhlIUllf rJ....... "'" (;ornIrissIon D021e903 ;.~ i EJqlIt8s AuguSt 1.2007 ~.... k~J~ 1 ...", U ..., ,.. ..."" ....., II "'" _'1_'.' Ill" "tI II III 'I'"' 1111 Kenneth W. Dodge Lewis, Longman & Walker, P.A. 1700 Palm Beach Lakes Blvd. Suite 1000 West Palm Beach, FL 33401 561-640-0820 File Number: 04-0053 Will Call No.: CFN 200600834~,9 OR BK 19914 PG 1952 RECORDED 02/09/2006 15:59:01 Palm Beach County, Florida AMT 100,000.00 D~ Doc 350.00 Intang 200. ,00 Sharon R. Bock,CLERK & COMPTROLLER Pgs 1952- 1954; (3pgs) Preuared bv and return to: [Space Above This Line For Recording MORTGAGE This Indenture, Made this ~ day of ~-c.. b , 2006 by and between Delray-Boynton Academy, lnc, a Florida not for profit corporation, whose address is 2030 S. Congress A",enue, West Palm Beach, Florida 33406, hereinafter called the Mortgagor, and Boynton Beach Community Redevelopment Agency, a public body corporate and politic, whose address is 639 E. Ocean Avenue, Suite 103, Boynton Beach, Florida 33435, hereinafter called the Mortgagee: The terms "Mortgagor" and "Mortgagee", shall include heirs. persoual representatives, successors, legal representatives and assigns, and shall denote the singular and/or the plural, and the masculine and/or the feminine and natural and/or artificial persons, whenever and wherever the context so admits or requires. Witnesseth, that the said Mortgagor, for and in consideration of the aggregate sum named in the promissory note of even date hereof, the receipt of which is hereby' acknowledged, does grant, bargain and sell to the said Mortgagee, his successors and assigns, in fee simple, the following described land, situate, lying and being in Palm Beach County, Florida, to-wit: See Attached Exhibit "A" And the said Mortgagor does hereby fully warrant the title to said land, and will defend the same against the lawful claims of all persons whomsoever. Provided always, that if said Mortgagor, his successors or assigns, shall satisfy the obligations owed to said Mortgagee, his successors or assigns, under that certain promissory note, in accordance with the Grant Agreement between the parties, in the amount of $100,000.00, and Mortgagor shall perform, comply with and abide by each and every stipulation, agreement, condition and covenant of said promissory note, this mortgage, and all responsibilities and obligations set forth in that certain instrument entitled "Community Redevelopment Agency "cRA" Grant Agreement" dated June 8, 2004 and shall duly pay all taxes, all insurance premiums reasonably required, all costs and expenses' iricluding reasonable attorneys fees that Mortgagee may incur in collecting money secured by this mortgage, and also in enforcing this mortgage by suit or otherwise, then this mortgage and the estate hereby created shall cease and be null and void. Mortgagor hereby covenants and agrees: To pay the principal and interest and other sums of money payable by virtue of said promissory note and this mortgage should they require to be paid. To keep the buildings now or hereafter on the land insured for fire and extended coverage in a swn at least equal to the amount owed on the above described property, including this grant. To permit, commit or suffer no waste, impairment or deterioration of the property, or any part thereof. To permit no other lien or mortgage to be placed ahead of this mortgage without the consent of Mortgagee. The Mortgagee may, at any time pending a suit upon this mortgage, apply to the court having jurisdiction thereof for the appointment of a receiver, and such court shall forthwith appoint a receiver, and such receiver shall have all the broad and effective functions and powers in anywise entrusted by a court to a receiver, and such appointment shall be made by such court as an admitted equity and a matter of absolute right to said Mortgagee. The rents, profits, income, issues, and revenues shall be applied by such receiver according to the lien of this mortgage. If any of the sums of money due and owing to Mortgagee lUlder the terms of the promissory note and this mortgage, including but not limited to any advance made by Mortgagee for the payment of insurance or taxes, are not paid within 15 days after the same become due and payable, or if each of the stipulations, agreements, conditions and covenants of the promissory note and this mortgage, or either, are not fully performed or complied with the aggregate sum owed on the promissory note shall become due and payable forthwith or thereafter at the option of Mortgagee, his successors, legal representatives, or assigns. This mortgage and the note hereby secured shall be construed and enforced according to the laws ofthe State of Florida. The principal sum secured hereby, along with any interest to be paid in accordance with the tenus of the note secured hereby, shall immediately become due and payable without notice, if a transfer of title to the premises by sale or otherwise is made without the Mortgagee's written consent, while this mortgage remains a lien thereon, at the option of Mortgagee, his successors, legal representatives, or assigns. Executed at Palm Beach County, Florida on the date written above. Signed, sealed and delivered in the presence of: 4At-:1 ~ Witness Name: 'R.o'o..er-\- \: 12.a~at'\ oK9~ Joe Green, Executive Director (Seal) ~<t t1. ~#~~ Witness ame: .sfa.o..y 11. "<'4//111' State of Florida County of Palm Beach The foregoing ins~ment.was acknowledged before me this ~ day of FEBJ2.C.<A.e'-{ , ~ by Joe Green as the Executive Drrector of Delray Boynton Academy, Inc. who U are personally known or [] ha produced a driver's license as identification. ve [Notary Seal] ~\\\II\1IIl1"'llll ~,,\~~ ,.,. BRfGL~'~ ~ \> ........ '11' ~ ~ ...~~\SS/ON~... ~ ~ ..:..& ~c~30,<t:%;.. ~ ~ :~~'8 <9~'.:. ~*: i*~ ~5~. #00412647 i~~ ~ /0 . 4: ~ .. :;;:"~ ~~...~.,.8Q1Jded"'\\\ ~ti.' ~# ~rA'..P(Jblicun6&\;~'~~~ 1'hf~8lic'ST~1~ O"",I;! IIt/'fi-II"""\\; My Commission Expires: .'( PROMISSORY NOTE Boynton Beach, Palm Beach County, Florida FOR VALUE RECEIVED, the undersigned promise to pay to the order of Boynton Beach Community Redevelopment Agency at 639 E. Ocean Avenue, Suite 103, Boynton Beach, Florida 33435 or at such either address as may be indicated in writing, in the manner hereinafter specified, the principal sum of One Hundred Thousand Dollars ($100,000.00) with zero percent (0%) interest. The said principal and interest shall be payable in lawful money of the United S'tates of America, on the date and in the following manner: This note shall become due and payable only in the event of a default of the Maker/Grantee's obligations under the Agreement entered into between Boynton Beach Community Redevelopment Agency and Delray-Boynton Academy, Inc. on June 8, 2004. This note is secured by a mortgage on real estate described below: 425 NE 10'" Street Boynton Beach, Florida 33435 Parcel #08-43-48-21-22-006_0021 Lel!a1 Description: The east 300' feet of Block "B", less the right-of-way of the F.E.C. railway, Meeks and Andres addition to Boynton, according to the plat thereof on file in the office of the Clerk of the Circuit Court in and for Palm Beach County Florida recorded in Plat Book 5, Page 84, of the Public Records, said land situate, lying and being in Palm Beach County, Florida. This note is secured by a mortgage on real estate, of even date herewith, the terms of which are incorporated herein by reference, made by the makers hereof in favor of the said payee, and shall be construed and enforced according to the laws of the State of Florida. If default be made in the payment of any of the sums herein or in said mortgage, or in the performance of any of the agreements contained herein or in said mortgage, then the entire principal sum shall be collectible without notice, time being of the essence; and said interest at the highest rate allowable under the laws of the State of Florida. Failure to exercise this option shall not constitute a waiver of the right to exercise the same in the event of any subsequent default. Each person liable hereon whether maker or endorser, hereby waives presentment, protest, notice, notice of protest and notice of dishonor and agrees to pay all costs, including a reasonable attorney's fee, whether suit be brought or not, if, after maturity of this note or default hereunder, or under said mortgage, counsel shall be employed to collect this note or to protect the security of said mortgage. Whenever used herein the terms "holder", "maker" and "payee" shall be construed in the singular or plural as the context may require or admit. Makers waive demand, presentment for payment, protest, and notice of nonpayment and dishonor. De. Ira. y-Boynton Acad~et /} , , , ~ BL_d~. .~ Si{Iiature Printed Name: Joe Green Title: Executiv~ EXHIBIT "A" 425 NE 10lh Street Boynton Beach, FI33435 Parcel # 08-43-45-21-22-006-0021 Legal Description: The east 300' feet of Block "B", less the right-of-way of the F.E.C. railway, Meeks and Andres addition to Boynton, according to the plat thereof on file in the office of the Clerk of The Circuit Court in and for Palm Beach County, Florida, recorded in Plat Book 5, Page 84 of the Public Records, said land situate, lying and being in Palm Beach County, Florida. / ACTION BY UNANIMOUS CONSENT IN WRITING BY DIRECTORS OF DELRA Y BOYNTON ACADEMY, INC. We, the undersigned, being the sole Directors of DELRA.Y BOYNTON ACADEMY, INC., do h",by 000"", 'hot th, following ,h,lI h,v, 'h, "m, "'," ""d 'ff", '" if duly adopted at a meeting duly noticed and held in accordance with the laws of the State of Florida. RESOLVED, that the Community Redevelopment Agency "CRA" Grant Agreement dated June 8, 2004, as well as all other documents relating thereto, is hereby ratified, adopted and approved; and FURTHER RESOLVED, that We are authorized to execute any and all documents necessary to carry out the obligations of said Corporation under said Agreement. and documents relating thereto, and specifically adopt and approve the execution of a note and mortgage lien as security for the obligations set forth in said agreement; and FURTHER RESOLVED, that we appoint and authorize Joe Green, Executive Director, to execute all documents associated therewith for said Corporation; and FURTHER RESOLVED, that all actions which have been taken or made on behalf of "id CO"","'iou ';0" 'h, I"" m"'ing ofth, "id Co"",,,'ion 'co h",by "h6,d ""d 'pprov"'. Dated this.ll7C dayof dl/, BO'm M~b'I1~' - ~~~ - - ~ !ti':~t:~~ Clay ideman r:IClient DocumentslBoynton Beach CRA 124 I 9-000IMiscIResolution.doc Op~n_lfem Maint~r1ante - (Drill Down) , . . "-, - . - .. - ~ -;; =i1e Edit Options Help :;1J1~1 ~ I~? r Vendor S el I O1-B OYT 0 N BEACH CR,ll, ..:J Vendor ~ P ]DELRAY BOYNTON ACADEM I Ilem I Distribution I Payments I Det'3ils Gross D escriplion D iscounl Bank Code Balance Purchase Orders l Comme", ShbCommenl I 100,000.001 IDELRAY BOYNTON ACADEMY, INC. I 0.001 IGFBK I P ]GEN FUND CKG-SUN TRUI I 0.001 I Inquiry Type Ilnvoice . ID 1200511300077 ..:J ..:J 1099 r Prinl G/L Dist. P Default r "/e:~ r t.Jo on Stub Item Dale 111/30/2005 ~. w G/L Post Date 111/30/2005 ~. Due Dale 111/3012005 f~ D iscounl Dale 111/30/2005 ~ I harrissu o [;2::::~~~g!.~:::J I rtp~l1\'~m Maint~nance - (Drill Down) . ~~ "to 1 . " ,,- =ile Edit Options Help ~I~I;X I~? Vendor Set Im-BOYTON BEACH CR.6. ~ Vendor ~ P '!DELR.6;Y BOWHON AC.6.DEM I 1 Type II nvoice ..:.l I I ID 1200511300077 ..:J I I i -1 Item Distribution I Payments I Account ~11500 I P IMORTGAGES RECEIVABLE Project D I I Description IDELRAY BOYNTON ACt>.DEMY.INC.1 .6.mount I 100.000.001 01 11500 DELRAY BOYNTON ACt>.DEMY.INC. 100,000.00 Distribution Total I 100,000_001 I Inquiry [~::::~:~!:~i!~:::J I I harrissu IX. OLD BUSINESS: E. Consideration Acting Upon Recommendations from Independent Auditor Regarding Financial Procedures ~~Y~T8~ C . East Side-West Side-Seaside Renaissance ' AGENDA ITEM STAFF REPORT I Consent Agenda I Old Business New Business Public Hearing Other SUBJECT: Agreed Upon Procedures Report SUMMARY: As a result of the recent review conducted by Daszkal Bolton, the findings recommended a further review of procedures to ameliorate issues with inconsistency in the system. Specifically, review the purchase order process, the credit card approvals, Class C Travel and Reimbursement to further comply with accountability standards. FISCAL IMPACT: $9,000 - General Fund Professional Services RECO MMEND A TI 0 NS: Direct staff to prepare policy recommendations for board consideration. << isa Bright Executive Director T:\AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS\Completed Agenda Item Request Forms by Meeting\FY 2007 - 2008 Board Meetings\07 11 14 CRA Board Meeting - November\AUP Standards.doc BOYNTON BEACH - eRA AGREED-UPON PROCEDURES DaszkalBolton LLP ;""''''''''','*''''''?/IiW.''.~' CERTIFIED PUBLIC ACCOUNTANTS DaszkalBolton LLP CERTIFIED PUBLIC ACCOUNTANTS INDEPENDENT ACCOUNTANTS' REPORT ON ApPLYING AGREED-UPON PROCEDURES Boynton Beach Community Redevelopment Agency Boynton Beach, Florida We have performed the agreed-upon procedures listed below to the financial records of Boynton Beach Community Redevelopment Agency (hereinafter referred to as the "Boynton Beach-CRA"), solely to assist you to test the compliance with existing human resource and administrative manuals regarding written procedures related to travel expenses, meals and entertainment and certain other expenditures. This engagement to apply agreed upon procedures was performed in accordance with standards established by the American Institute of Certified Public Accountants. The sufficiency of these procedures is solely the responsibility of the Boynton Beach CRA's management (the specified user in this report). Consequently, we make no representations regarding the sufficiency of the procedures described below, either for the purpose for which this report has been requested or for any other purpose. Procedures: A. Obtained a general ledger detail for accounts "meetings and seminars" and "promo and business travel" for the period of January through March of the years 2006 and 2007 (2006 was selected as a benchmark against which to test the same period in 2007) B. Selected all expenditures over $150 for 2006 and 2007 from the above general ledger detail. C. Traced the selections to the invoice to determine the following attributes of the expense: 1. The amount agrees to the general ledger. 2. The expense noted is within the budget. 3. There is sufficient backup to substantiate the business purpose of the expense. 4. Proper authorization and approval. 5. Confirm the proper posting of each expense to the proper general ledger account(s). 6. The date of transaction is within the period being tested. 7. The invoice references the business purpose and, to the extent practicable, demonstrates a necessary expense incurred in the performance of a public purpose authorized by law to be performed by the agency. D. Reviewed compliance with existing policies, procedures and state statute. 2401 NW Boca Raton Boulevard . Boca Raton, FL 33431-6632 . t: 561.367.1040. f: 561.750.3236 4455 Military Trail, Suite 201 . Jupiter, FL 33458-3046 . t: 561.622.8920 . f: 561.624.1151 2700 West Cypress Creek Road, Suite D 126 . Fort Lauderdale, FL 33309-1751 . t: 954.974.3544 . f: 954.9743680 PCAOB &gi.rtered www.daszkalbolton.com 49 Affiliated Office.r Wor/dwide Findings: Based on the application of the procedures referred to above, our findings show that the agency was in compliance with the current procedures and guidelines as set forth in their existi{1g human resource and administrative manuals, with certain immaterial exceptions. However, some of our findings demonstrate a need for further review and improvement of the existing procedures and guidelines to enhance and fully align compliance with the Florida statute and assure more restrictive controls. These findings did not relate to improper expenses but rather system inadequacies that can be resolved. We were not engaged to, and did not, conduct an examination, the objective of which would be the expression of an opinion on any of the items referred to above. Accordingly, we do not express such an opinion. Had we performed additional procedures or had we conducted an audit of the financial statements in accordance with generally accepted auditing standards, other matters might have come to our attention that would have been reported to you. This report is intended solely for the information and use of the specified user listed above and is not intended to be and should not be used by anyone other then specified user. Cik,~ ~ L'-P September 20, 2007 Boca Raton, Florida ~~Y~Te~ C East Side-West Side-Seaside Renaissance . MEMO TO: CRA Board FROM: Lisa Bright DATE: ~overnber5,2007 CC: CRA Staff In 2005, the CRA Board engaged an independent review of the agency's "Agreed Upon Procedures." This independent review critically evaluated existing policies and procedures of the agency's financial operations. The completion of this process resulted in the development of stronger internal controls and the development and implementation of a mitigation plan to ameliorate any issues. As typical in any significant management changes, such as the reconstitution of the CRA Board at the June 19, 2007 City Commission meeting, coupled with a resonating message among members of the City Commission with regard to their concern for stronger accountability, the CRA staff recommended another independent review of the agency's financial operations for the time period in question. Specifically, an independent review of "Agreed Upon Procedures" from January to March 2007 was the target evaluation period. Since the laws governing accounting ethics prohibited our contracted CPA firm, Dufresne & Associates, from conducting such a review, CRA staff. engaged Daszkal Bolton to complete this process. Attached is the report. The results of Daszkal Bolton's findings reported no material discrepancies or deviation from the accounting system. This is excellent news for the agency with such a small staff executing financial oversight of more than $9 million in Trust Fund Revenue, as well as bond proceeds and Marina operations. The results of this report will strengthen the agency's credibility. It should be noted, the report recommends further review to enhance and align practices for stronger accountability. CRA staff will develop such enhancements to the system and bring these policy recommendations back to the CRA Board for final approval as soon as practical. x. NEW BUSINESS A. Consideration of Budget Rollover Recommendations ~~~~Y~T8~ eRA ill East SideNWest S',deNSeaside RenaISsance , AGENDA ITEM STAFF REPORT eRA BOARD MEETING OF: November 14, 2007 I I Consent Agenda I I Old Business I X I New Business Public Hearing Other SUBJECT: Fiscal Year 2006/2007 Rollover Recommendations SUMMARY: Approval of use of rollover funds from FY 2006/2007. FISCAL IMPACT: Estimated $1,000,000 from FY 2006/2007, subject to final audit. RECOMMENDATIONS: See attached for discussion. (h, t.. Bright Executive Director T:\AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS\Completed Agenda Item Request Forms by Meeting\FY 2007 - 2008 Board Meetings\07 11 14 CRA Board Meeting - November\Cover to Rollover Recommendations.doc ~~RY~T8~ eRA ill East Side-West Side-Seaside Renaissance , AGENDA ITEM STAFF REPORT eRA BOARD MEETING OF: November 14, 2007 I Consent Agenda I Old Business I X I New Business Public Hearing Other SUBJECT: Consideration of Budget Rollover Recommendations - 4th/5th Avenue Land Acquisition SUMMARY: CRA staffhas been acquiring property on the block ofNE 4th 15th Avenue per the adopted Heart of Boynton Work Program. To date staff has acquired 2.53 acres of the 5.86 acre block. Staff is not recommending the purchase of 1.64 acres of the block which belong to the following persons or businesses: · Mr. Harvey Oyer, Jr. - .4708 acres - Homesteaded · The Treasure Chest Child Care Center - .114 acres - Parking for business . Mr. Gregory Burke - .128 acres - Homesteaded · Boynton Beach Community Development Corporation - .93 acres - to be used for redevelopment project The remainder ofthe block is 1.69 acres in size and the property owners have, at one time or another expressed an interest in selling their property. However, CRA staff feels that it is prudent to acquire only two more strategically located properties on the block. This will create a site of enough size to interest the private development sector. The remainder of the property will be acquired by a private developer to be selected through an acceptable selection process. Based on current estimated property valuations, staff feels that two additional properties can be acquired for approximately $350,000. FISCAL IMPACT: $350,000 to come from 06/07 general rollover funds. RECOMMENDATIONS: Staff is recommending funding the acquisition of additional properties on the NE 4th/5th Avenue block in an amount up to $350,000 to come from 06/07 general rollover funds. ~~ Assistant Director T:\AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS\Completed Agenda Item Request Forms by Meeting\FY 2007 - 2008 Board Meetings\07 11 14 CRA Board Meeting - November\Budget Rollover-4th-5th Street.doc FY 2006-2007 Budget Rollover Recommendations Rollover Funds Available Note: Estimated and subject to final audit $ 1,000,000 I Project MLK Building Purchase Molley's Trolleys 4th & 5th St. Land Acquisition Youth Violence Prevention Program Bond Debt Repayment Wi-Fi Equipment Dumpster Art Total I Amount I $ 600,000 $ 400,000 $ 350,000 $ 300,000 $ 250,000 $ 71,000 $ 10,000 $ 1,981,000 ., )t~;~;;, /~ -."~. , ~qY~T8~fC R/~ : East Side-West S'lde-Seaside Rena'lssance AGENDA ITEM STAFF REPORT eRA BOARD MEETING OF: August 14,2007 AGENDA ITEM: I Consent Agenda Old Business I X I New Business Public Hearing Other SUBJECT: Delray Boynton Academy Building SUMMARY: In early 2007, the CRA learned the Delray Boynton Academy Charter School would be closing at the end of the school year. Since it is a key piece of property on the MLK Corridor gateway, the former CRA Board directed staff to get an appraisal ofthe property (see attached). Some discussions for building usage included Neighborhood Services, Community Building, Healthcare or Wellness Center, Job Training, relocation of a Church etc. At this time, any development program along the corridor will most probably start at Seacrest Boulevard and incrementally develop as the market turns around. Staff expects the eastern portion of the corridor will not reach redevelopment interest until approximately 2012. FISCAL IMPACT: None. RECOMMENDA TIONS: Provide staff direction. ( /l I. (/ / '---___"-,1' ("" /). , //- l "- : !'" ! i I Lisli Bright, t \-- e Director T:\AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS\Completed Agenda Item Request Forms by Meeting\FY 2006-2007 Board Meetings\0708 14 CRA Board Meeting - August\Delray Boynton Academy.doc MEMO DATE: November 14, 2007 TO: CRA Board FROM: Lisa Bright, Executive Director RE: Molly's Trolleys - Route Extensions and Cost At the CRA's August 9th budget workshop, Molly's Trolleys presentation confirmed substantial growth in ridership - with a reduction in cost per rider. Molly's records show ridership has increased 74% to 75,998 riders per year, while costs have dropped to $4.99 per rider versus $8.99, from June 2006 to June 2007. In addition, an extensive survey revealed riders would like the trolley to connect to Bethesda Hospital and southern CRA communities (Leisureville, Sterling Village, Colonial Club) and accommodate people who work until 6 pm or later. The CRA Trolley program has been extremely successful and continues to positively impact the community by providing free, handicap accessible transportation in underserved areas of the CRA district, as well as transporting residents to and from work, encouraging senior's independence, and connecting residents to regional transit. Establishing an additional route that accommodates workers, includes Bethesda Hospital and the southern CRA neighborhoods is critical to the long term success of a vibrant downtown and surrounding communities. The cost to implement the changes -- add southern trolley route, additional time, collateral and promotion, i.e. new signage, website changes, etc.-- would be $400,000 (see attached for expansion cost details). It is recommended the cost be designated from rollover funds to implement the above trolley expansion. Add a "Circle Route" - keep two trolleys on current route and add two trolleys on southern route Considerations Cost · $355,000 Staff, Comments · Service would be added to Bethesda Hospital, Leisureville, Colonial Club and Sterling Village. Add additional time 6:30 - 7:15 pm. · New service route could start January 2008 · Effectiveness could be analyzed in August 2008 to determine ontinuance Implementation Costs · Costs for new signs, maps, website changes, equipment, street poles, labor and installation · $45,000 · Complete change of all route signs, promotional materials and equipment necessary 30YNTON (...."" l 3 t A C -H~",<,/~ East Side-West S'lde-Seaside Renaissance AGENDA ITEM STAFF REPORT eRA BOARD MEETING OF: November14,2007 I x I Consent Agenda I Old Business New Business Public Hearing Other SUBJECT: Request by Innovative Printing, Inc. for Exception to Commercial Fayade Grant Program Rule SUMMARY: On October 9,2007, the CRA Board approved the Commercial Fayade Improvement Grant application for Innovative Printing and their property located at 810 N. Federal Highway. The grant program reimburses the approved applicant for eligible expenses on a 50% basis up to $15,000.00. The grant is used to stimulate exterior improvement of existing commercial buildings within the CRA district. Items such as exterior painting, signage, awnings, landscaping and parking lot improvements are reimbursable under the CRA's grant. Staff has reviewed the expenses submitted by the applicant which total $4,990.97 which the program will reimburse 50% or $2,495.49. The applicant, however, is requesting that the CRA grant her an exception to the terms and conditions of the grant program by including additional ineligible expenses. The applicant is also requesting an exception to the terms and conditions of the grant program wanting reimbursement for expenses incurred for 310 N. Federal Highway which were submitted to the City of Boynton Beach in 2003 when the City was administering the grant program but were not approved. FISCAL IMPACT: $15,000 maximum-General Revenue line item:57200-238. RECOMMENDATIONS: Staff recommends denial of the request to provide an exception to the terms and conditions of the Commercial Fayade Improvement Grant Program for Innovative Printing & Graphics for the property located at 810 N. Federal Highway. ~~~------ Michael Simon Development Manager . T:\AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS\Completed Agenda Item Request Forms by Meeting\FY 2007 - 2008 Board Meetings\07 11 14 CRA Board Meeting - November\Market Innovations Request for program rule exception.doc If .... ... lIII BOYNTON BEACH CRA TROLLEY . . Boynton Beach Trolley Presentation Molly Stahlman, Molly's Trolleys August 9th, 2007 _ ...... ....a: ..... BOYNTON BEACH eRA TROLLEY Descriotion of Service '-' '-"~ Route: · 2 trolleys traveling from the Boynton Beach Mall to Ocean Ave via Gateway Blvd. . 6 mile route each way (12 miles roundtrip) · 16 designated trolley stops Hours of Service: · Seven days a week . Monday- Friday 7:15am-6:30pm · Saturday & Sunday 9:30am-5pm Additional Attributes . Trolley runs every 45 minutes . ADA Accessible 2 1 BOYNTON BEA~~-C:RA TROLLEY - - Map of Trollev Route ,~~. '--, ~, ...~ ....~ ...... 3 TROLLEY "'-' '- Trolley Ridershill ... ..... -- - BOYNTON BEACH CRA Overall Ridership: 12 mos. Julv 06-June 07 · 75,988 total riders · Avg. ridership was 6,333 riders per month · Avg. of 211 riders per day June 2007 Ridership · 7,681 total riders · Avg. of 250 riders per day 4 2 - - - .. BOYNTON BEACH CRA Comparative Rider TROLLEY "-" '-' Fiaures 05/06 & 06/07 Year 1: Jul 05-Jun 06 Year 2: Jul Olhlun 07 MONTHLY MONTHLY RIDERS MONTHLY RIDERS RIDERS Bl5!!!! JW:l:!2y[ Riders e!L!:!2Y! ~. Increase July 600 1.36 4,267 7.23 611% August 1,825 3.61 5,570 8.60 205% September 2.133 4.41 5,034 8.99 136% October 2,063 6.25 5,724 9.48 177% November 2,620 6.27 6.994 12.49 167% December 4,060 6.59 6.233 11.13 54% January 4,860 7.36 7,349 11.34 51% February 5,128 8.32 6,016 10.74 17% March 5.966 8.75 6,496 11.01 9% April 5,130 9.16 6,527 11.66 27% May 5,130 7.66 8.107 12.10 58% June ~ 7.22 z&a1 13.02 !l!.% TOTAL 43,778 75,998 74% 5 TROLLEY '-' '-' Average 2007 Rider Percentages Over the 16 Trollev Stops ~-----~ BOYNTON BEACH CRA · Most popular stop is the Boynton Bch Mall @ 26% · Stops along 4th Street @ 15-17% · Stops along Boynton Bch Blvd (At Federal & Seacrest) @ 12-14% · Tri Rail @ 10% · Village on the Green @ 9% · Publix @ 4% · Remaining 9 stops, 3%-6% ridership EACH 6 3 .-- ,- ---,. BOYNTON BEACH CRA TROLLEY '......,;. - Rider Survey Demoq[!phics BOYNTON BEACH CRA Bovnton ~urvev- TROLLEY Aua2007 ~surve_d: I 230 ... ... Demt1grilphlcs Q'tlle TIO/ley RIder: 1) Age. ~~~~~~ 2) Gender: _ (i'i3"Jiii.b --. Iii6I5O% 3) EthnIClty. ~ ~ ~j!;;; rr~ 4)N....._otW..-o IIIA.lIablr;Ia LlflIIIIsIlI1 ~ n.- _ v._."~ (24Jiii'i" Jili3~ ~(iA" ["i6~ 144Jii%" 5) "ow do you vet to the l\'OIIey stop? w......._ b~~! D~r5:"HI w~~~ ~:~~';;: 6) "_hold Income. manJsl ~ ~ ~ 16OJii* 191~ 164(28% 115(7'ib Their ~ I!!WAII.i. Ttw!lr EmaU" ~ 7) Rider Signed .urvey.",,-I~ ~fiJi% ~~ fSf'N" [ilp;;;i:_ ~~:':':e ~"::y? ~. I 7':1'=- ~ ~~.::;., ~~ ~l';:" t...............!J iRa--.....~ f'5ii"~ eh~' ~"~1 f63~ - .~ BOYNTON BEACH CRA TROLLEY - - How and Why Thev Ride BOYNTON BEACH CRA Bovnton Beilm.Bl.diU:..SYa~v- Aua 2007 RI"""'; Surveyed, I 230 HQwand Whv Mev Ride: II) _ often do you ricle? nlV:t!l It W4Y!k' TWlOI!", w~k. Almost Every [)av. Once a Month. [18~ 144fii%" Ji421fii% f1Sf7%'" lll!dcL L!IIlD.lIll ref3%"" 10) How would you make this trip If no trolley? D~_f' _ lIDIu llIlliI. _ 45 13% 137116% 19Sf4i% 1161,.... 1191..... JliIItLlIIi. - 164 (ii"4 .I.loI8UId.IIIl w.-....TrIn, rro 130%" 11) Most Im~nt Rea..... you rid.? Ido not Drtwu . ..A:.1I~::U ~:"==:' ~~ ':::~h fiii21....... f97142% W 12_ 174132% 178134% RIdara..dlad::2 R_~~12O% c~ ~ nr Mn...! rss-124% 4 BOY-NTO-NBE~C:H""CRA TROLLEY ." '-' ,-,- July 06 August 06 Sept 06 Oct 06 Noy 06 Dee 06 Jan 07 Feb 07 March 07 Apr1107 May 07 June 07 06-07 TOTAL 06-07 AVG/Month Riders 4.267 5,570 5,034 5,724 6.994 6,233 7,349 6,016 6,496 6.527 8,107 7,681 75,998 6,333 Monthly Riders and Cost for Past Year: Julv 06-June 07 MONTHLY QQ!1 $38,350 $42,120 $36,400 $39,260 $36,400 $36,400 $42,120 $36,400 $38,350 $36,400 $43,550 ~ $38.675 Riders I!!r1:!J: 7.23 8.60 8.99 9.48 12.49 11.13 11.34 10.74 11.01 11.66 12.10 1.MZ 10.6 Cost Per Rider $8.99 $7.56 $7.23 $6.86 $5.20 $5.84 $5.73 $6.05 $5.90 $5.58 $5.37 am! ., r $6.20 9 BOYNTO""N BE-;;"CH "'eRA Summary Riders vs. Cost TROLLEY '- - Summary of Costs- Over the past year. · Rider numbers have increased t · Cost per rider has +- decreased · Over the past 12 months, the average OPERATIONAL cost was $6.28 per rider · During the month of June 2007, the average OPERATIONAL cost was 14.99 per rider 10 5 TROLLEY '--' '-' Trolley Benefit Summary me---... __ ......- ""Jll/I BOYNTON BEACH CRA · Transports residents to work (33%) · Encourages senior's Independence (10%) · Provides mobility for teenagers to access jobs & educational opportunities (30%) · Connects residents wI Trl Rail (regional transit) (10%) · Connects residents wI shopping & grocery (50%) · Expands opportunities for individuals dependent on public transportation · Supports land use revitalization initiatives · Alternative to automobile travel 11 I Ii a. B BOYNTON BEACH CRA TROLLEY . .1 Boynton Beach Trolley Presentation Molly Stahlman, Molly's Trolleys August 9th, 2007 12 6 ~ .. Wit " BOYNTON BEACH CRA TROLLEY . . Additional Slides 13 II[" ... """"'" _ BOYNTON BEACH CRA TROLLEY '-" '-' Marketing Results of Successful Trollev Marketing Campaign · Well placed, frequent editorial coverage in local papers · "Rider friendly" trolley street signs · Updated maps with route changes · Informative Trolley web site (www.boyntonbeachtrolley.com ) · Special event & advertising signage on Trolleys attract attention 14 7 TROLLEY ~ ~ Sample Trolley Stop Sian- Publix Stop BOYNTON BI!AC:H"CRA BOVim:)N BEAOlCRA 8OvNroN '&ACH 'CAA TROLLEY wr .. # 11.5A TROLLEY ..., ..., # 11.5. WESTBOUND to M.U AM PM 121511 h40 21211 3:10 3:611 EASTBOUND to WlIterlnlnt AM PM 12:44 i.. 2114 2IH 3:44 9:511 10.40 11125 12110 9; 10:28 11:14 11:58 · w....w...~~ii.!!(~'M~; 15 BC>Y~~N BeACH CRA_ TROLLEY -- - Trolley Schedule R ~~ ;~ iJ H - WE'Si'lJO\JNn 'ro THF MAf.l. / - :I .. J'f/ .iJ //.'l~/.l~I.# "/A.;;;-~.<l/~/ /'j;~ / .f ,.'u ... 1,., == ffi ... 7~ "'.' .M .U ,,~ ,.- - ~. .~ ... i!: .- - - ... '.11 "'iII ... .,1. 1:1.:1 ... ... .M ... ._;t, u. ... ... ... .- .,.. - - ... ~N .,U ,,-t. ... ;; ~o ..u - .," P'U ... -, on .... .... ~.. ~::: .. .... Ill'" .... 1 ! 100" I.... 10i11 .... .-. .... .... .... .- ,.:&1 .... .... ':n~ I:t:;; 'O.S" Iv:::; Hoo n:N ~,1: ~~. 11_ 1UI II,t.:l 1'<11 IHI .':.:: ,'",1:, 11," ..".... u. n... 1I ~.., "_ u. ..- .- ..~ .~. ;i:, ot_ '{~ ,.... 1~" 'm .... ..,... 11".3 "... I~-.' 12&:1 'ill UA .- ~ :t .... 1,1" .- .~ 1~- ... ',1,0 '.:Ill .- ".. .,.. ,.... 1-11. a ~:: * .- ..... .'" ~~ w..., lIU' 'XlI ..,.. .. ':!!.'- 'M ... ... I.U .- lII.~ ... ... ,.. :10,,, '.1. . .JJoO ,.. ,- ~.I ..'MI .:II,.... ... .... ~ ."1" - ..~. .e,te. ... .e~. ... .... ..,lit .~ .- .," ... .1'11:1 ):11' ,.. .~ 1.:iI. f.." .., )... ... .OIIa I'~ .ld. ~'.M ".n .~ ... ... ..1:1 ... ..,. C'-oss-To.'VYn Trolley Schedule './ T[OLIJ:V;/ ;Y / / .;'/ ~ or'; '/1" .r ,9/ J" '" J."" / .i' H .,l' r...' .I ./:'1/'7 .hoT :O,U 1:)1(> W '.:1" ... ',.I' 'M ... ~.. 1'..:1 .~.. 7,'.. l! .~ .~ .- .,11 ..1. ..111 .- m .w .- ~. .... ... - 'toll .,1. .,. .- p.", ~ ~~ .... -- .''''1 ... .,.. uo .,.. ... ... .... '11.1 ..~ ,- laoCW i .- ..,. "M 10:,. .~. '... '1". '0,'" 10411 ."'... .a:.. .... '.oaI .-. ~;n:.~ .- ":.. '"'" I"'i '114 Ih,ll ",." ..... II;.au It:U II... II." '1,'. 111'. IUP .~ Uti .,:J. "" 1/1',1'1 11111. 1~1.t lit:.. la". 17'1It ,i'~ 1J;.:I1I ".. .... 1">44 '''. 111.'1 ".. ".. '11!11. .- HI> ... ,.. ... t." I"'. ".,. I"" li" ,.n .~ ... 1,4- ~.. ,- I" ... - :toll ,. ... ,~ '.". ...1-1 ~." 'w .,,11 '.01. 1I.,lI. '1,1. I ~ ~~ "-'0 '1.1'. ... .... :lal ,.. .. 1I.U "'. :il1' ,.. ::: ... ... ,- ,.. ... ,- ... ... ... ... .- ... .e.;a-1jI ..;,. 4.111'. #11 4.:11. M ~. 4.4' d. d. .- .~ .- ,. S.l<Io .~ ',;14 I.', - - uo I.". ... .U S.:J' .~ U' u. ...... U' ." 4'1I1I ""'1 __.b.,.",lfe><nb<!itc:u;h1J'olloy.cQln EASTOCHJNC> TO THE WAT~flf'ROl"n J' / / , ~./, / "'./ /. ,/ ,~.? J" .fr n.... _It.-)' Is _ ~nr- .. 'r_..-I......~ thn.. C.lI 561.1132.:100' .0 _, )'OU~ _."ht 16 8 BOY~TO-N BEAC;::;" eRA Comparison of Typical "Community Transit Svstems" TROLLEY "'-... ~ ~ Neiahborhood Tvplcal Service Bovnton Beach Service {Per 2003 PBC MPO Service Transit Study) Dally Service 10-14 hours 11 Hrs weekdays Hours 7.5Hrs weekends Headway 30-90 minutes 45 minutes Route length 8-12 miles roundtrip 12 miles roundtrip Ridership/ 0.3-4.0 2.77 (June 2007) Revenue/Mile Ridership/ 3-15 13.02 (June 2007) Revenue/Hour 17 9 10/19/2007 Lisa Bright, Executive Director CRA of Boynton Beach 915 S. Federal Hwy. Boynton Beach, Florida 33435 RE: Matching Funding Request for YVPP Dear Lisa: Pursuant to the Executive Board meeting held by the YVPP on October 11th, I am submitting this request for matching funds from the CRA. We are currently in need of additional funding to provide services and outreach opportunities to the City of Boynton Beach, primarily the youth who reside within our target areas determined by Palm Beach County, Criminal Justice Commission and the City of Boynton Beach. Our request is for the CRA to match the fund amount given to the City of Boynton Beach by Palm Beach County in the amount of $300,000.00. - un intI eques Organization Program Requested Actual Actual Shortfall Topic Funding funding Funding Considered Awarded Based on Amended Budgets MAD DADS Youth on Youth 239,178.12 82,000.00 42,000.00 40,000.00 Mentoring, Dance, Teen Talks Hooked On Drug 10,000.00 10,000.00 5,000.00 5,000.00 Fishing Not On intervention and Drugs prevention MABeO Gang Prevention 300,000.00 50,000.00 30,000.00 20,000.00 Intervention and offender re- entry RM Lee Life Skill and the 200,000.00 68,048.00 43,048.00 25,000.00 Arts 2007 2008 F d" R ts Organization Program Requested Actual Actual Shortfall Topic Funding funding Funding Considered Awarded based on , amended budgets Boyscouts Non-competitive 50,000.00 24,000.00 10,000.00 14,000.00 basketball and soccer league plus scout program Boys and Girls Mentoring 55,000.00 23,579.00 0 31,421.00 Club Program Kids Korner, Audio/visual 285,315.00 91,024.00 0 91,024.00 Power Through program Peace Production All Thinks Modules - life 228,900.00 43,900.00 0 43,900.00 Possible skills, gang resistance C. Lloyd Newton Substance 128,250.00 32,062.50 0 32,062.50 abuse and mental health Totals: 1496643.12 424 613.50 130 048.00 302407.50 *Actual awarded funds where based on a matrix criteria of the "Request for Funding Packet" as well as l)duplication of program with the current programs of parks and recreation 2)the number of youth to be effected by the program 3)duplication of programs offered by service providers and 4)programs that would best address reducing risk factors. **Budget reduction was based on funding between 25-30% of entire project funding request. Programs currently running in parks and recreation department at the city of Boynton Beach (taken directly from fun fare magazine 09/01/07 - 12/31/07) Arts Center: ages 13-14 (all classes are at a cost) Civic Center: ages 13-18 $100-120 non resident $80-96 resident Crazy Scientific Investigations painting and drawing Yoga Kids Youth Pottery Dance Trends Hip-Hop Troupe Jazz Ballet/Point Irish Dance Hester Center: ages 13-16 Gymnastics Judo Youth Basketball Police Athletic League: ages 13-18 Footba II Cheerleading PROPSED BUDGET FOR CRA MATCHING FUNDS Category Description YVPP CRA Total Service Maddads 42,000.00 40,000.00 82,000.00 providers Boyscouts of America 10,000.00 10,000.00 20,000.00 Hooked on Fishing Not On Drugs 5,000.00 5,000.00 10,000.00 RM LEE CDC 43,048.00 25,000.00 68,048.00 MABCO 30,000.00 20,000.00 50,000.00 Power Through Peace Productions 91,024.00 91,024.00 (Kids Korner) Equipment Audio/visual equipment 60,000.00 60,000.00 (see attached sheet for itemization) Staffing 2 part time staff at 25 hrs a week for 26,250.00 26,250.00 35 weeks, at I 5.00 per hour Benefits FICA and Unemployment and 2,726.00 2,726.00 workers comp Refreshments Afterschoo1 snacks for youth 1,000.00 4,000.00 5,000.00 empowerment centers Scholarship Funds for youth who would like to 1,800.00 3,000.00 4,800.00 Fund participate in Parks and Recreations programs but cannot afford to do so Planned Grand Opening ofYEC and 3,000.00 4,000.00 7,000.00 Community Carolyn Sims Center. Outreach Event ParentIY outh Day Outside game Soccer balls, basketballs, volley 4,000.00 4,000.00 equipment ball nets, etc. Unexpected Equipment repairs, replacement, 5,000.00 5,000.00 Misc. batteries, cd's, video tapes, etc. Expenses Totals 135,848.00 300,000.00 435,848.00 The yo.uth o.f the City o.f Bo.ynto.n Beach do. no.t have the access to. programs unless they can affo.rd to. pay far them. These pro.grams are limited in o.ccurrence and rarely apply to. any perso.n aver 16 years o.f age. The ather is issue is transpo.rtatio.n. Our yo.uth typically have no. metho.d o.f transpo.rtatio.n to. these different Io.catio.ns to. participate in these programs. Having a central Io.catio.n in which all no.ted pro.grams o.perate aut o.f and having a staff perso.n with the qualificatio.n to. pro.vide transpo.rtatio.n far these yo.uth, yo.uth are mare likely to. participate in the pro.grams and stay away fro.m negative situatio.ns. It is no.ted by best practices that keeping yo.uth busy with what they like to. do., which is to. have a safe place to. go. and hang aut with friends in a so.mewhat structured environment, instead o.f what "we" think they sho.uld be do.ing, promo.tes peace and better co.mmunity stability. An added bo.nus is that influential individuals get the o.ppo.rtunity to. interact with the youth to. enco.urage them to. make better cho.ices far a bright future in their awn lives and in the lives o.f the co.mmunity in which they live. When yo.u o.rganize yo.ur yo.uth yo.u have a po.werful po.litical as well as co.mmunity vo.ice that craves change. The investment in o.ur yo.uth to.day is a priceless investment into. the future o.f Bo.ynto.n Beach. The YVPP pro.gram Io.o.ks fo.rward to. wo.rking to.gether with the CRA to. make a Io.ng lasting impact in the City o.f Bo.ynto.n Beach. Thank yo.u far yo.ur co.nsideratio.n in this matter. Respectfully submitted, Stacey Ro.binso.n Program Co.o.rdinato.r, VYPP cc: Executive Bo.ard YVPP 10/19/2007 Lisa Bright, Executive Director CRA of Boynton Beach 915 S. Federal Hwy. Boynton Beach, Florida 33435 RE: Matching Funding Request for YVPP Dear Lisa: Pursuant to the Executive Board meeting held by the YVPP on October 11th, I am submitting this request for matching funds from the CRA. We are making this request based on the prior CRA chairs open comment during at a city commission meeting in which he pledged to match the OC funds to support the YVPP. We are currently in need of additional funding to provide services and outreach opportunities to the City of Boynton Beach, primarily the youth who reside within our target areas determined by Palm Beach County, Criminal Justice Commission and the City of Boynton Beach. Our request is for the CRA to match the fund amount given to the City of Boynton Beach by Palm Beach County in the amount of $300,000.00. The YVPP program looks forward to working together with the CRA to make a long lasting impact in the City of Boynton Beach. Thank you for your consideration in this matter. Respectfully submitted, Stacey Robinson Program Coordinator, VYPP cc: Executive Board YVPP Page 3 of5 Peter From: andy@megabytestech.com [mailto:andy@megabytestech.com] Sent: Friday, August 31, 2007 8:37 PM To: Wallace, Peter Cc: Aiken, Carlos Subject: RE: spreadsheet Peter, The odd factor regarding the CRA's Free WiFi corridor is that it differs from Megabytes' normal operations in that we do not own the equipment. As it stands right now, the city/CRA proposal from us for $70,338 in order to repair the existing network and make it work as was proposed by the city amendment and the previous owners, Progress Telecom (phase 1). The CRA also needs to be prepared to pay an additional $400 per month for the management server, as well as $1250 per month for maintenance and support (approximately $105.00 per AP). Added onto the regular $3100 per month for bandwidth, the total monthly cost for maintaining the free WiFi corridor would be $4750. Under the current agreement, we are only required to provide internet bandwidth to the 12 locations, and in order to do this the above proposal was given. The existing network was poorly engineered and incorrectly installed. The above proposal rectifies this problem. In order to make the CRA Free WiFi Corridor a true Free WiFi Area, another 18 AP/Repeaters (phase 2) need to be installed at a cost of $2250/pc.. oototal $40,500. In addition to this cost, there would be 18 leases for the components on Florida Power poles estimated at $100 per year, totaling $1800 per year to Florida Power. This would bring the specs of the Free WiFi corridor up to a correctly designed network allowing laptops and other devices to connect to the network with 500' to 1000' from the hot-zone. Option #2 of the WiFi Project status still can be an option. Megabytes is willing to modify the existing contract (which allows Megabytes to use the network for free) to state that Megabytes will pay the CRA 10% of any revenue generated from the existing CRA free WiFi corridor infrastructure. The City/CRA is still responsible for the repairs and maintenance to the CRA free WiFi-network. If our sales do well, a substantial amount of revenue can be realized by the CRA. Option #3: Joint Venture. This offer is as stated here. In order for the joint venture to move forward, the City needs to have approximately $1 M budgeted for a WiFi network under a 50/50 joint venture, immediately. The city's cost for the building out the network will probably be a less than that, but it is a number that needs to be prepared for due to unforeseen expenses that may arise. Megabytes is currently in the process of acquiring our own tower leases for build out of a city-wide network and proceeding as usual with our core business. Once we are well into the build out of the network, there are no advantages to Megabytes working a joint venture agreement with the city as we will have already funded the project ourselves. When our ideas and proposals were introduced some 4-5 months ago, we made it clear that we are in this business to generate revenue and be profitable, and that a partnership would be a great way for the city to recover some, if not all of the $12M revenue it projects to lose due to changes in tax structures. As a business we must always move forward to generate revenue to cover our overhead. I am sure that you understand this point. Regards, CLubt.ew. StM" Director of Sales/Marketing Megabytes Tech, LLC (888) 545-1211 Toll Free (321) 256-1505 ext 1094 (727) 692-5235 Cellular www.megabytestech.com www.StarFon.org 09/07/2007 Page 1 of2 Bright, Lisa From: jreguez@aol.com 1t: Wednesday, October 24, 2007 3:26 PM To: Bright, Lisa Subject: Fwd: Media Covergage Lisa, as you can see from this article I would like to put this on the next CRA agenda (Dumpster Art). Barbara will provide me with the proposals and I will pass it on..thanks.. Regards, Jose -----Original Message----- From: Rodriguez, Jose <RodriguezJ@ci.boynton-beach.f1.us> To: jreguez@ao1.com Sent: Wed, 24 Oct 2007 12:43 pm Subject: FW: Media Covergage Attached Message From: Adelsperger, Margee <AdelspergerM@cLboynton-beach.fl.us> To: McCray, Mack <McCrayM@cLboynton-beach.f1.us>; McKoy, Carl <McKoyC@cLboynton-beach.f1.us>; Rodriguez, Jose <RodriguezJ@cLboynton-beach.f1.us>; Taylor, Jerry <TaylorJ@cLboynton-beach.fl.us>; Weiland, Ronald <WeilandR@cLboynton- beach.fl.us>; Bressner, Kurt <BressnerK@cLboynton-beach.f1.us>; Coles-Dobay, Debby <ColesDobayD@cLboynton-beach.f1.us>; LeJeune, Carisse <LeJeuneC@cLboynton-beach.f1.us>; Prainito, Janet <PrainitoJ@cLboynton-beach.f1.us>; Segal, Wayne <SegaIW@ci.boynton-beach.f1.us> Cc: Majors, Wally <MajorsW@cLboynton-beach.fl.us>; Rivers, Jody <RiversJ@cLboynton-beach.f1.us>; Biscuiti, Kathy <BiscuitiK@cLboynton- beach.fl.us>; Bright, Lisa <BrightL@cLboynton-beach.fl.us>; Brooks, Vivian <BrooksVi@cLboynton-beach.f1.us>; Buckley, Ashley <BuckleyA@cLboynton-beach.f1.us>; Harris, Susan <HarrisSu@cLboynton-beach.fl.us>; Simon, Michael <SimonM@cLboynton- beach.f1.us>; Wiser, Alina <WiserA@cLboynton-beach.f1.us>; Zitcer, Phyllis <ZitcerP@cLboynton-beach.f1.us>; enid silberstein I <enid@boyntonbeach.org>; kathy@ambitmarketing.com; Lacey Wootton <Iacey@ambitmarketing.com>; maugustin@cityatty.com; stan@ambitmarketing.com; Swanson, Lynn <SwansonL@cLboynton-beach.f1.us> l Subject: Media Covergage Date: Wed, 24 Oct 200712:43:27 -0400 _..__....._.._.._.._.._.h..._____._.__..__..__..__.~_._.n.___._......__.._._........_.~._.._..__.___.._._._....."~_........_.."._.__..,..._.....__._...'w__.............. Proposal to beautify Boynton trash bins fails Plan for murals on receptacles splits By Erika Pesantes I Sun-Sentine1.com 11:25 AM EDT, October 24, 2007 BOYNTON BEACH - The city's Arts Commission on Tuesday dumped the idea of beautifying the city's steel garbage receptacles with murals.The plan was to transform 20 trash bins the city leases to businesses and residential complexes into public art. But the proposal, initially considered in August, split the board of artists and art lovers. Debbie Brookes, an artist and an alternate on the board with no voting power, called objections by fellow board members "ludicrous" and "elitist." "I'm totally disappointed in your lack of vision and foresight," she said. "This is such a sad state of affairs that you can't even see to paint a Dumpster. Who's to say where art is and where we can put it?" Brookes, who left the meeting after the program failed to garner support, said she planned to resign. Board member Cheryl Arflin brushed off claims characterizing her as "elitist" in her staunch objection. The board was not poised to approve the trash bin decorating project without having adopted a master plan, she said. "To me, it feels irresponsible to even entertain the idea," Arflin said. lard member Halena Wolf, also a painter, countered that the city had successfully launched its Avenue of the Arts project, which displays 10 on-loan iures along Ocean Avenue, without a master plan in place. She said she was in favor of bringing art to the city "in large and small increments." The city owns about 1,600 of the garbage receptacles, of which about 100 remain in plain view, exempt from an ordinance requiring the trash bins to be kept behind masonry enclosures. The leased bins are replaced every three to five years. New trash bins cost the city between $400 and $600, but none were planned for purchase specifically for this program. 10/29/2007 Page 2 of2 The proposal included options to either engage local youths to paint the trash bins as community service projects or have businesses interested in commissioning artists sponsor the program, Chairwoman Barbara Ready said. "I thought it was kind of a neat and fun idea," she said. But the idea of splashing murals on trash bins could still be recycled. Vice Mayor Jose Rodriguez, who did not attend the meeting Tuesday, said he would propose it during the city's Community Redevelopment Agency meeting Nov. 14. Rodriguez is also a eRA board member. 3aid the project is an inexpensive way to remove "blight" from the downtown area, where most of these trash bins are in plain view. "I feel that it's an opportunity to add beauty to an area that doesn't have it," he said. "If you don't have beauty, you make it." Erika Pesantes can be reached at eDesanteslCpsun-sentinef.com or 561-243-6602. Margee Adelsperger CRA Marketing and Communications Director 0(561) 737-3256, ext. 204 C (561) 685-8883 www.boyntonbeachcra.com Email and AIM finally together. You've gotta check out free AOL Mail! 10/29/2007 __ "",,,",,,,,,,,,,,~"""',,,",.,._,*- ",,~_""'.',.,"_>L._. ........."....,..,....,,....'""_.. 'D""_:_~_'"r~"'-"""""""'."'-"='''- ,--..",.~ _ _. =....__._--=" ,-, ,~,_... ,. ......-.... -_. ...... - - ....~._."' .r_"_ ~" ..'~ -,.",-~.",,--,~...~ ,. M.C.~~ .-<"",,~....,., ~- .~-_......,.. From: jreguez@aol.com [mailto:jreguez@aol.com] Sent: Tuesday, October 30,2007 11:04 AM To: Bright, Lisa Subject: "Postcards from Boynton" was the suggested theme "POSTCARDS FROM BOYNTON" (I think we can come up with a better theme, maybe you have some ideas) I like "Art In Unfamiliar Places" GOAL Beautifying Boynton, One Dumpster At A Time: Decorating of designated dumpster's with appropriate paint and mural scenes. Approximately 20 dumpster's have been identified within the eRA/Downtown area. APPROACH: Paid professional method; sponsor entire artist fee and works with business owner, neighborhood and artist to select art. Committee final nod on design to maintain quality control; we have some submitted proposals to paint murals, costs vary from $375-900 including materials; Initial Budget request $10,000. BACKGROUND Boynton Director of Facilities Jeff Livergood has indicated his dept. has funding to purchase up to 20 dumpster's. Currently when a business needs a dumpster replaced, they call Mr. Livergood and his dept. handles the replacement process. It is suggested that one dumpster at a time be painted while still in the Facilities warehouse. <hr size=2 width=" 1 00% II align=center> Email and AIM finally together. You've gotta check out free AOL Mail! TO: THRU: FROM: DATE: RE: INTRODUCTION DEPARTMENT OF DEVELOPMENT Memorandum PZ 07-115 Chairman and Members, Community Redevelopment Agency Board & Planning and Development Board Michael Rumpf Director of Planning and Zoning Eric Lee Johnson, AICP Planner S;t v October 17, 2007 LOR Rewrite - A portion of Group 4 Chapter 4, Articles I and II A task of rewriting the Land Development Regulations (LDR Rewrite project) is to update the entire Part III (Land Development Code) of the City's Code of Ordinances. In April of 2007, staff presented the Boards and Commission with a progress report and proposed work schedule of the LDR Rewrite project. Staff determined that it would be best to break down the entire project into eight (8) different groups. At this time, staff is delivering a portion of the fourth component of the eight-phase project (see attached). The first two (2) phases, Group 1 and Group 2, dealt with Definitions, the Use Matrix, and its associated Notes and Restrictions. These initial groups emphasized matters relating to zoning districts and allowable uses. The third phase, known as Group 3, was the first grouping that dealt with site development standards. These development standards involve off-street parking calculations, off-street parking lots and other vehicular use areas, exterior lighting, and rights-of-way and infrastructure. Group 4, which is the subject of this report, is comprised of environmental and landscaping standards that emphasize flora and fauna conservation, preparing a site for development, and required landscaping. The titles ofthe subject articles are proposed as follows: Arti cl e I. Article II. Environmental Protection Standards Landscape Design and Buffering Standards The landscape code, environmental protection standards, and excavation and fill requirements are currently located within five (5) different chapters of Part III of the Code of Ordinances. This lack of consolidation between common topics can be burdensome to the lay person as well to developers and design professionals researching the City's regulations. Therefore, the attached regulations represent that same concentrated effort as in previous phases, to consolidate scattered regulations of common topic matters, identify and correct inconsistencies, and reword in an effort to increase 1 clarity of the City's regulations. Above all, the proposed reorganization of these provisions will significantly increase the ease of reading and understanding the City's very important development regulations. PROJECT OBJECTIVES The objectives set forth at the onset of staffs management of this effort, and explained previously in the update report, continue to be furthered. Of the original objectives, those involving user-friendliness and maintaining a flexible and dynamic approach are most addressed by this work product. The original objectives are listed below followed by specific documentation relative to Objectives #1, #2 and #4. Although #5 is not specifically addressed herein, the basic services and unanticipated demands of the Division continue to be a priority, and provided or responded to timely. 1. Preserve / Utilize work efforts initiated/accomplished by the consultant including work products, discoveries, pertinent recommendations, and input collected from the public, staff and elected officials during workshop sessions; 2. Maximize user-friendliness in the ultimate document with the appropriate and logical organization, interconnectivity, and writing style; 3. Maintain public involvement in the rewrite process, including input from local professionals "experts"; 4. Use a dynamic approach in the rewrite effort allowing the shifting of resources as needed to address current issues and Commission direction; and 5. Continue to deliver optimal customer service to the public and applicants during the project. Objectives #1 & #2: LDR format or organization was the target of an original objective which continues to be furthered by the consolidation of common topic matters. Staff proposes to separate the entire Part III LDR (currently 23 chapters) and divide them into four (4) distinct chapters. A four (4) chapter code proposal deviates much from the existing code but is more in keeping with the Model Land Development Code; tailored perfectly to meet the needs of the local agenda. All development standards, such as excavation, fill requirements, and required landscaping would be placed into this fourth chapter, containing eight (8) articles. Each article is arranged and ordered based on its rank or its "contribution" to the land development process within the City. Currently, these same regulations are scattered throughout Part III within many different chapters and sections. The attached documents would modify all or portions ofthe following existing code chapters: Chapter 2. Zoning, Sections 5 through 8.5, and 11; Chapter 4. Site Plan Review, Section 8; 2 Chapter 6. Required Improvements, Article III; Chapter 7.5. Environmental Regulation; Chapter 8. Excavation and Fill Regulations, Articles I through VI; and Chapter 9 Community Design Plan, Sections 10 and 11. As previously mentioned, this lack of consolidation is cumbersome for the lay person to locate as well as challenging to staff to regularly review and incrementally revise as the needs arise. Although it has been very challenging and time-consuming for staff to locate all the standards throughout the code and consolidate the common topics into this format, the benefits with respect to consistency and ease of access justify the effort. User- friendliness continues to be a primary objective, guiding both the format as well as emphasis on simplicity and clarity. Objective #3: To maintain public involvement consistent with this objective, staff hosted a meeting with local landscape architects and design professionals, tradesmen, and other interested persons to discuss the City's existing landscape regulations. This event was held prior to the onset of the LDR rewrite project, and provided the forum for obtaining input from experts on a variety of related topics, including but not limited to the following: tree growth and root systems, ideal design principles, the impact of exotic species on native vegetation, the structure of codes and allowing for creative designs, berm design, and proper plant maintenance. The meeting identified current problems and future opportunities, most of which have been addressed and manifested into the proposed regulations (see attached). Objective #4: In this deliverable, staff continues to acknowledge the priorities and current issues of the Commission. Hot topics of local concern are seasonal water shortages, how development impacts limited water resources, costs of expanding infrastructure, and the increasing challenge of receiving increases in water use permits. Staff addressed this issue by formulating contemporary standards for water conservation, in part, by limiting the use of sod, requiring innovative landscape design, promoting the use of drought tolerant species, and identifying appropriate water sources. In addition, the proposed revisions promote healthier and hardier trees, particularly within off-street parking areas, by consigning planting areas in larger and more consolidated planting patterns. OTHER NOTEWORTHY CHANGES Preparation of these documents has involved the comprehensive and detailed review of the land development process, the various standards by which land is regulated, land development standards, and the appropriate staff member who administers processes by which they are regulated. Noteworthy are the following additions or revisions involving land development standards: · Divided Chapter 7.5 (Environmental Regulations) and relocated existing text into both of these new articles (Article I and Article II); 3 . Dissolved Chapter 8 (Excavation and Fill Regulations) and relocated existing text into new Article I; Consistent with Group 3, dissolved Chapter 9 Community Design Plan (text with an emphasis on aesthetics I appearance) and relocated existing text into various sections throughout new Chapter 4, labeled "Community Design"; Consistent with Group 3, each article now contains its own "Purpose and Intent" and "Administration" text; Clarified the various processes for plant removal and relocation by identifying the required types of permits and when they are applicable (i.e. removing plant material within the right-of-way versus on private property); Updated the existing text regarding exemptions to tree preservation standards; Updated the types excavation, filling, and dredging classifications, and included "grading" activities within this grouping; Created specific objectives under the purpose and intent of the new landscape code (Article II); Updated those uses (i.e single-family homes) that are exempt from the landscape code and do not have to submit a landscape plan; Clarified the different types of required plans that illustrate compliance with the landscape code (i.e. landscape plan, tree survey, tree management plan, and irrigation plan); Created landscape design principles; Established the "Waterwise" publication from the South Florida Water Management District (SFWMD) as the source for plant selection in order to promote water conservation; Established creative landscaping standards tailored to the different geographic areas of the City (i.e. citywide standards, "urban" standards, "suburban" standards); Enhanced the signature tree requirement to include more eligible species; Created an equivalent standard applicable when palm trees are used in lieu of canopy trees: three (3) palm trees equal one (1) canopy tree; Changed the minimum planting specification of canopy trees from 12 feet to caliper size (minimum caliper size of four (4) inches). This change was made to be more consistent with industry guidelines; Created a minimum tree variety standard based on the number of trees provided; Enhanced upland buffer I littoral planting requirements; Added requirements to guide the appropriate planting of easements that overlap or abut landscape strips or perimeter buffers; Require the installation and maintenance of plant material by a certified arborist to ensure compliance with International Arborist Association (IAA) planting standards; Enhanced the text regarding the maximum allowable heights of plant material, particularly hedges, that are planted within visibility and safe-sight areas; Clarified required perimeter landscaping by differentiating between landscape strips (located within front and side corner yards) and perimeter buffers (located within side and rear yards); . . . . . . . . . . . -... . ~ . -. . . . . . . 4 . Created "streetscape" provisions, which recognizes that trees installed within rights-of-way may meet the intent of required landscape strips located on private property; Increased the width of landscape strips along arterial and collector rights-of- way in "suburban" locations, from seven (7) feet to 10 feet; Increased the width of perimeter landscape buffers in "suburban" locations, based on abutting uses and densities; Increased the minimum number of trees required for multi-family and planned residential developments; Enhanced landscape requirements for specific uses (outdoor storage, satellite dishes); Established a provision for alternate compliance with landscape code via the submittal of an alternate landscape plan; Enhanced existing text regarding foundation landscaping, drive-through facilities, and plazas in the "Community Design" portion; . . ~. \I . . . SUMMARY/RECOMMENDATION Staff recommends that the Boards and COmmission approve this draft portion of Group 4. However, any changes recommended by the Boards and the Commission will be incorporated into the document or schedule for ultimate consideration at time of adoption. EJ Attachments S;\Planning\Zoning Code Update\LDR Rewrite\StaffReports\Group 4 (Ch 4, Art 1 and 2).doc 5 ~ ~ ~ en ..... _. ..... 0 0 0 "6 ....... ....... ....... 0; (l) (l) (l) " Fl~t-< " :i" 0<> ~ ('j S" ~ 0<> n 0 ~ 0.- " ~ c "& tr1 ~ ~ <:!- b ~ ~ ;:<:l . ;:<:l ::a " ~" 0 % \JJ 0 n ~ ~ c: -It 0 ~ QI ~ tr1 "'U < 9 ~ ~ -a m 1 trj 0 ::a ;:j ~ n ;+ '" 0 "'U cr -. " ~ 3 0 ~ 0 ...., 0 n ::I ~ 0 ~ "tI g " ~ - 0 m g t'D ~ tr1 -It S" Z ,... ~ t'D FS ~ 0 Q. <: \JJ " .., '"tl ~ ~ > '" Cl Z a .a ~ -I> ~B1B1 ~ c.. 0 ....... ;::: ;::: ("") ~QQ ;::! ~ ~ \JJ c:::i (':) (':) ~~~ SITE DEVELOPMENT STANDARDS !!:. A. All real property upon which specimen trees are located which trees have been designated as such under the provisions of this article. b. B. All vacant and undeveloped property. c. (;; All property in all zoning classifications that is intended to be redeveloped. d. g. The yard areas of all developed property except that property which is developed with single- family or two-family dwelling units, provided the trees designated as specimen trees are not involved. "Developed" as used in this section shall mean those parcels of land within approved developments subdi'.'isions which contain roads and utilities. 4. General Rules. A. Natural environment: All proposed developments shall be designed to preserve, perpetuate~ and improve the existing natural character of the site. Existing native trees and other landscape features shall, to the maximum extent possible, be preserved in their natural state; and additional landscape features shall be provided to enhance architectural features, to relate structural design to the site, and to conceal unattractive uses. In all instances the city's landscaping and all other applicable regulations shall be fully complied with as minimum standards. SectiOl'l. 25. Public lands. No tree shall be removed from any city lands, public park or any areas of the public right- of-way except in accordance with the provisions of this article. Section 26. Reserved. Section 26.1. Reserved. B. Permit Reauired. SectioR 5. Permit required. "^~.. Tree permits. No person or organization, organization, sooiety, assoeiation or oorporation, or allY agent or representati','6 thereof, directly or indirectly, shall cut down, destroy, remove or move, or effectively destroy through damaging, any tree as defined by this article, situated on a property described above without first obtaining a tree permit. Likewise. no person or organization ~ Land cleariFlg, removing or filling permits. No person, org8:Fl:ization, soeiety, association or eorporatioFl, or any agent or representative thereof, directly or indirectly, shall engage in land- clearing, land-removing, or land-filling activities in the City e:f Boynton Beaoh, or use, operate, propel or maintain in use any October I 7. 2007 2 o n S 0- (1) "1 ...... .--..1 tv o o --..I \rJ ~ 10 "l:l ....... ~ ~ ~ tr.l 0.- ~ , ..... "1 tr.l ~ (l) S t;] 0 < ~ ~ ..... ~ 0 Otl ~ 0 W "1 ....... trl ~ 'Z 0.- ~ , t:tl \rJ ....... ~ ....... ..... ~ ~ Otl (l) t::l ~r ~ 1-01- ..... "l:l S ..... g Q \rJ ..... ::r ~ ~ (l) ..... PJ st~ 0 ag. t:tl~ "1 ....... ;!1..~ o 0.- cr, ..... (') PJ ....... S' (l) ..... ~ ~ . Otl ~ PJ !!Cl ~ SITE DEVELOPMENT STANDARDS safety, nnd requires immediate remo'/ul without delay, verbal authorization may be given by the de'lelopment department and the trees removed without obtaining a vmtten permit as herein required. 2. Emer2encies. Section 16. Exceptions due to emergencies. During the period of an emergency such as a hurricane, tropical storm, flood or any other Act of God, the requirements ofthis article may be waived by the Director of Development development department. 3. Nurseries and Tree Farms. Section 1 7. Exemptions to nurseries, tree farms. All licensed plant or tree nurseries or tree farms shall be exempt from the terms and provisions of this article only in relation to those trees planted and growing on the premises of said licensee, which are so planted and growing for the sale or intended sale to the general public in the ordinary course of said licensee's business. SeotioFl 18. EXeHl.:ptions for betterment plans. "^...pplieants for permits shall be entitled to demonstrate by means of a proper landscape plan that an improvement or betterment of the environment can be aocomplished over the existiFlg site conditions, if sueR landseape plan is carried out to its fullest. If sueR a detailed laB:dscape plaB: is so offered aB:d is acoepted by the city, the ap:plican-t shall guai'aB:tee by adequate bond or other city appro'led surety the faithful adherence and completion of sueR landscape plan. The surety shall: A. Run to the City Commission. B. Be ill. a form satisfactory and acceptable to the city manager. C. S)3eeifythe time for completion ofthe requirements as determined by the city manager. 4. Public Utility A2encies. Section 18.1. EXOIR)3tions for public utilities. "^...ll )3ublic utilities may remove without permit, trees v/hieR endanger public safety and welfare, or ','lhioh interfere with utility serviees v.woo are loeated 'l/ithiR utility eaSefRents and public rights of way&:- Public utilitv agencies are authorized to remove existing trees that interfere with infrastructure located within easements or rights-of-way. or which otherwise endanger October 1 7, 2007 4 VI o n S 0- (1) '"1 ...... .--..1 tv o o --..I q cr'~g>(') I\) ""'01 (') (I)'<C>:l"1g~p:r'~ 0 ~"1~(I)o..(D(I)en ~ . ~"""';!1...:g. (I) o ~. (I) 0 (D Q a ....... go" ...... 0...<'1" (I) g ':(I)PJPJ --<::O"PJ..... g.., E.."l:l ~ (')......'0 en ~I\) .:0 o"l:lPJ o ..... cr'''l:l 0 ..... "1 ::s g-.g~~a~g-~~~ en r- ~ l:T' '< ..... (') en 8 E. ~ s 8 ~ 0 ~.~. ~ 8 :; ~ fr s 5' ~ g (') g. s S. en~SOtl~rJ'lO"1g(l) :::.. g..... l:T' 88 (I) 0.. ~ 0 o..~o..oo~S aenO (I) 0.. PJ 0 >-+, ....... ..... S ..... 8 S 8 g g. ~ So 5 ~. ~ ~ ~ 8 en '< ~ ..... 0 P". ~ ~. 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So>-+,~(I)gao (I) '" 0 (I) en '0 ..c ...... en ..... (I)' j go "1.:~O;!1.."(I)(I) o ............ "1 (I) en ~ (t'O O~ ~--;:;:-..... OS~O~O~ ....... ~. g So.a :::.. $. go ~ (I) ~..... (I) en l:T' ~ (I) 0.. a ..... (I) o ::to o ~ I"" o ::r >-+,(1) \rJ .... 0,) = =- 0,) ""f =- rn o So "1 (I) ~ en (I) PJ 8..~ ~ 0.. ~ \rJ ~ ~ tr.l ~ t'!'j ~ ~ o "'= ~ t'!'j z ~ \rJ ~ ~ t::l ~ \rJ g. ....... ..... (') ~ ~ o S. go (I) "1 p ~. a SITE DEVELOPMENT STANDARDS 3. Inspections. I).;. During the land clearing and construction stage of development, the Director or Development or designee director of the de'v'elopment department or his assigned officer, shall periodically inspect the site to ensure ffis:ere compliance with the provisions of this article. ~ Tree location and replacement activity permitted or required under this section ~ shall be done in accordance with standard forestry practices and procedures outlined in "The Urban Forestry Manual (L)-Trees and Construction". United States Department of Agriculture Forest Service, 2005 edition or latest supplement thereof and on file with the City Clerk. (reference "Tree Protection Manual for Builders and De'v'elopers," iss'l:1ed by the State of Florida, Division of Forestry, on file with the city clerk), and all All such plantings shall be reasonably maintained and attended to promote successful establishment thereof. 4. Removal. Section 19. Removal of certain trees; conditions; restoration of area; penalty for violation. A. RefRo'/al. The following trees may be removed subject to the conditions hereinafter set forth: Brazilian Pepper / Florida Hollv (Shinus herebenthin folus). Melaleuca (Melaleuca leucadendron). Australian Pie (Casuarina equisetifolia). Earleaf Acacia (Acacia auriculiformis)~ and any other plant indicated in Palm Beach County's list of prohibited species ("Prohibited Invasive Non-Native Vegetation". 1. Schinus herebenthin folus (Brazilian Pepper/Florida Holly Tree); 2. Melal6llca leucadendron (Melaleuca); 3. Casuarina Spec V~ustralian Pine); 1. "\cacia auriculif{)rmis (Earleaf }.cacia); and 5. Palm Beach County's "prohibited pl8:Fl:t species" list and "invasive non native plant" listings. a. Conditions for removal: -h If the parcel of property is under two (2) acres in size, no permit or review by the city is required to remove the exotic tree species listed above in subsection {At. A courtesy inspection and identification of exotic species may be performed by staff, at no cost to the property owner, upon request of the property owner. October 17. 2007 6 -....] o n S 0- (1) .... .--..1 tv o o --..I "1 en (I) "1 ao a~ ~ ;' 0..0.. ~ o ~ , ~ ~ ~. (I) cr (I) 8 a g 1"1 I?' g 0'::4. ~ 0.. ~ ~ N' 00 8 ~ tJ ft if!-l o' ~ ....... p ::s (I) ....... "l:l ~ "'tl ~(I) cT a ('l) (I) (I) = 'T.j0tlS- e:. 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"l:l S"en2.' g,~' .....g"~]. (I) [~~ b'" ~ ~ ~ a ..8 ..... ;!;l. ....... en (I) (I) e:.. ~ en ..... "1 ~ cr............ ..... (I) (I) f7'7'T.j ...... (I) "l:l ri ~ <W(I)....o(l)cr S (ii' ~ s '< ......., S (I) 0.. ~ 0.. ::s 0..... ~:::... !-l S g a en s..... (')..... P "1 en (I)~.~s-::r~~ gOO S g.,.., 'E.. (I) CP CP (I) El ~ S' "l:l ::T' o' :::l s..... ~? (I) ~ (I) PJ ::l PJ 0 (I) 0 ..... (')~.(')PJ~.r:!:. ..... ::r ..... 0 ..... ~ 0 p- ::r ~ (I) :::..'~ ~ ~ 0.. ~ (I) (I) ~ \rJ ~ ~ t'l'.1 ~ t'l'.1 <: trl ~ o i z ~ \rJ ~ ~ t::l ~ \rJ SITE DEVELOPMENT STANDARDS disease shall be oonsidered such an emergency type of tree infection or disease. On an emergency basis, diseased trees or those in a condition that could potentially contaminate other trees shall be removed and destroyed without undue delay. The lethal yellowing of coconut palm trees is an example of such an emergency type of tree infection or disease. The Director of Planning and Zoning or designee shall determine those trees that are diseased or pose a threat to other trees. 7. Preservation Efforts. Section 22. Natural growth to be preserved. !.:. Undeveloped property. Every effort shall be made to retain areas of put forth on all undeveloped property to retain particular area of natural vegetative cover that is determined by the Director of Planning and Zoning or designee e#y inspeetor to be a fragile ecosystem, unique, valuable, or nearly extinct in our area, unless it would unduly restrict the use of surrounding property or create a condition of undue hardship on the said-owner. b. Beach dunes. Section 23. Natural '.'egetati'.'e cover on beach dunes. The natural vegetative cover on beach dunes shall be preserved in an undisturbed state of growth as a fragile ecosystem. Such beach dune vegetation, grass, sea grape~ and tree development shall be altered, removed~ or changed eF1ly in accordance Federal, State. County. and City with the requirements ef#H.s artiele~ except as to nature trails, walks~ or pathways which may cross over same. S Mangrove areas. Section 23.1. Preservation of mangrove areas. Well-documented scientific research has established that mangrove areas are the ecological base of the biological food chain for many important species, including some species offish that wfti.eh are important for sport and commercial fishing. Mangrove trees. which are of considerable aesthetic value. also serve as protection against storm surge as well as provide a habitat / shelter for birds and other wildlife. Mangrove trees also provide a habitat and sRelter for birds and other organisms and are possessed of oonsiderable October 17. 2007 8 \0 o n - o 0- ~ .--..1 tv o o --..I ~ ..... N ~ ~ 0 O' ..... "1 ~ ~ tD "'l ~. .... Il2 ~ "1 I~ o ~a ~ o' > ~s. ~ tD o "1 o "1 ....... ..... (I) 00 S- PJ ....... ....... So a g S- 1:- (I) 00 < =:;. E.. ..... "d ..... 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(I) <; S' e: o c ~ (I) 0 cr "1 ..... ~ ~. i:T' '-< ~ e. t;1 ~ g] "0 ~ ~ 8. ~. ~ Q ~ e:[(I) (I) s~g::~ Cb~~ gog.g :::to ,......0 .....<;.......t:I...... Uen(l) o 00 '--< S- Otl ::r '< ~ 0 "l:l ~ ..... p.. ~S-&"1""'~~PJ~ OP)~ s:: o (t PJ 0 S'::::.;(I) ~ 0 tija 0..(1) a "1enPH)en.......PJ_"1~ ~ (I) (I) en ..... o ~~S8f o..~~~ g [s' g .' ~enE;g. "1 ..... 8 ..... 'Tj (I) ~ 0 0 PJ "l:l ~ "1 ....... ~ 0 ..... " en ::r ~. Q f!1. ~ o 0.. cr '" ~ PJ Ci'"' 0 en ~ F ~ 8 ..... ~ ;~ (I) ~ 0.. ..... ~ 0 ~~ 000 ..... H) ~ (I) S Q~ 5a < (I) So (I) en (I) "1 (I) PJ en en 0 ::r~ o rn s::: ~ s:~ cro.. (I) 0.. 8 ~ ~ (I) f!1. 0" en"d Cb 8 ~ (I) ..... ~ ..... ~. ~ So 0.. \rJ ~ ~ tr.l ~ tr.l t;] ~ o ~ ~ 'Z ~ \rJ ~ ~ t::l > ~ \rJ SITE DEVELOPMENT STANDARDS proposed alterations of environmentally sensitive lands occur shall be reviewed by staff during the Site plan (see Chapter 2. Article II. Section 5.F.8) and / or Clearing and Grubbing permit (Chapter 2. Article IV, Section I.A.) review process for evaluation the technical revie'...." committee (TRC) for evaluation. 4. Standards. Sec. 6. Preservation of Ratural resource sites. The following standards shall promote the preservation of natural resource sites: A. Prior to the development of ilflY land which has been designated as either an "i\.", "B" or "C" rated site in the conservation element of the city's comprehensi'/e plan, the proposed de'/eloper shall submit a detailed flora and fauna survey to the city. Re'liew shall be as provided in Sections 3,1 and 5 abovc. a. ~ If the property proposed for development is greater than teH-fl Ot acres in size. or is a portion of a larger tract containing 10 or more acres of environmentally sensitive lands and has been designated as an "A" rated site, the developer shall be required to preserve a minimum of twenty-five f25%t peroent of all native plant communities on the site in one (1) unified preserve. Habitat shall be preserved with intact canopy, under story and ground cover. b. (;; If the property proposed for development is greater than tefi-{-lOj acres in size and has been designated as a "B" or "C" rated site, the developer shall be required to preserve a minimum oftv/enty 4:We-f25%j of all native plant communities on the site. The preserve areas may be separated into micro preserves. Habitat shall be preserved with intact canopy, under story and ground cover. S Natural resource sites identified in Table 2 of the Conservation Element of the Comprehensive Plan and that exceeds 10 acres in size shall be subiect to the 25% preserve area set aside notwithstanding subdivision into smaller parts. s g. The specific location of the preservation area shall be determined during the October 17, 2007 ]0 ...... ...... o n ..... o cT (1) .... ...... .--..1 tv o o --..I OOS-HH H-) 0 ..... :r ~ ~ C/) ~ ~: ~.~ (1)8 ~ -"l:l (I) (I) ::t. ., """,. ~ CI) en ..... ~ P" 0 OO(l)e.~ -.., 0 ....... 0 ~ H-) C" "1 .-+ ~ (I) 0 8..PJ "1 .......0.. ~~8 gj.... "1 (I) ~ N' S-~ (I) ~ (I) 0 0.. o' o 5 ~ ~ gg.~s- en ~~ ~ a Q 0 t ~S-H-)r o' (I) PJ < ~ ~ ..... 0<82.- "1 0 en' ~ "1 0 0.. (I) ~ g. ~ S- o ~ (I) (I) o..oPJ"l:l (I) "1 ~ "1 S"'"':enOo ~ "1 < Otl en ..... o 'g ~ ~. H-) D 0.. 0 en ~ ~ """". f"""'t- en ,<gg'~ a. g fa. (') 0 0 0" < 0" . e. en oy,g" H-)Vl....... (I) or PJ ;::> ~ Q... 0 "l:l .... 00 ::t~~ ~ ~ 8 en 0.. ~ P"--< PJ ~ o' $. ~ig.[ o ~..... ~ ~ ~ en "1 Otl C-. (1).-+ 8"o~P" .....~.....(I) (I) < "l:l PJg.(I):3 en,<PJ< (I) C/) t:tl en' '0 ..... ~ ..... el ~ (I) g as-$,en (I) (I) 0 o ~ H-) H>0"l:lP<~ ~o .-+~ !!'Ol ~. ~ m 0 o..f::.: ~ ~. 0 H-) S-""'i ::t. ..... P" ;::. en (I) en Q I~ Otl e. 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(I) <-....:; ~ .......""hg.oEP ~ o..~~ PJS::OOH-)oen"1 s-"g S-8.&'& S-g [S- (I) ~ (I) en (I) 0.. (I) en ....... (I) - So;; g 0 ~ en PJ ~ ;!1.. g.~ \rJ ~ ~ tr.l ~ tr.l -< tr.l ~ o i 'Z ~ \rJ ~ ~ ~ \rJ October 17.2007 SITE DEVELOPMENT STANDARDS building or structure on the site so involved. Section 28 30. Reserved. Section 2. Excavation and Fill Re2ulations CHAPTER 8 EXC^~VL^~TION L\ND FILL REGUL\TIONS f\.rticle I. In General Article II. Classifications Article ill. Permitting l..rtiole IV. Construction "^..rticle V. Nuisance Abatement f..rtiole VI. Restoration Surety Section 1. Short title. This section chapter may be referred to as the "Boynton Beach Excavation and Fill Regulations." A. General 1. Purpose and Intent. Section 2. Purpose and ~ The purpose of this section chapter is to provide a set of regulations which govern the excavating, dredging, filling~ and / or grading ckedging of materials on privately owned land within the City of Boynton Beach. It is intended that these regulations provide a minimum set of standards to be followed when excavating, dredging. filling~ and/or grading dredging of materials is proposed within the city in order to protect the health, safety~ and welfare of current and future residents. The issuance of a permit by the city pursuant to this chapter shall not relieve any party from obtaining the necessary excavation, dredge and fill permits from other state, federal or local governmental agencies which have jurisdiction over the proposed fill, dredge or excavation, and it shall not permit the destruction of ocean front dunes which is strictly prohibited. See also Part 1Il (Land Development Regulations). Chapter 4. Article L Section 1.C. LDR Chapter 7.5, "^.uticle I, Section 5B; Part II {CodeofOrdinances1..Chapter 10, Sections 10-23; 1O-26(d) and 10-30; and Part III (Land Development Regulations). Chapter 3. Article IV. Section 1.H LDR Chapter 2, Section 1, paragraph N9. It is intended that requirements contained herein Chapter 8 apply to all excavating, dredging. filling, and grading dredging activities whether they are performed as part of the improvements required in the platting process; when associated with simultaneous building construction; or when performed as a separate operation. (Ord. No. 96 58, ~ 1, 1 21 97) 12 ....... w o n S 0- (1) "1 ...... .--..1 tv o o --..I 8 N E? I~ 0'-'(1) < (I) (I) (p ~ ~aQ( (l)cr<~ a ~~...... ~ 0 0 ~ o..~~o E? (I) ~ (I) ~ 0.. """' "l:l 00' 0- . "1 ....... "1 .3. S' t:tl g Otl ::::. ..... (JQ S' ~~Otl o 0.. 0 "l:l (I) H) ~~. ~ ~ st 9. (I) (I) e:.. en ~ en . 0 ~ >-- ~ s ~ a 8 ~. (I) 0 ..... 0.."1-< 8 ~ S' '" ::r < :::;. PJ 0 (I) ~ ....... ::l. ':t < PJ ~ S' ooOOtl ~ (JQ t:tl ~ 1-j ....... ~~~ en ~ ~ . '" Otl ~ 0 ..... H) E?8 ~ a o (I) S ~. a~ 9. g '>-. e:............... en tj ~ 8 25 ~. o "1 ..... <(1)-< 8. g- S' 0"' ~ < (I) ':t 0 a 6 ~ ~ ,,-.. ~ 0.. IV Otl E? '-' E? (I) (p (I) "l:l a "1 cr ~ .3. (I) 0 (I) ....... 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"10"1 ~ ~ ~ ~~ ~; (I) (I) Q g; I~ o..(p a~ '-<: o~rt> go..' ::i"l:l 2.8 O ....... .....J H) (I) 0"--' ~ (I) .......... ~ 0 ::::t o ~ 0 ~ < a~5: o' (I) ~ E? PJ o (I) tj "g"l:lP Pl g.~. P". ~ S o 0 ~ ~~ ~ 8 o 0.. ~ (I) ~~ (I) E?o (I) H) ..... 0 loI:lo. ~o .sr. . E?(I) ;~'f. ::::enC'" o 0 . ~ H) ~ ..... ..... l') ~::rct. Otl (I) < .. en ~ (I) rIJ "1 . (I) ~ g: o ~ en S' o 8" 0.. (I) ~I 0"' a ~ (I) ~ o ..... ....... s' ~. ~ 0..(1) 8 @ I~ >8~ o ....... "1 a a 0....... (I) ~ "" ....... en S' ::;: :g.- en e:.. o H) E? (I) ~.g ..... "l:l ....... o' ~ ....... (I) ..... o e:.. ....... i 0.. en ~ ~ 5 . ..., ::r E?~ (I) (I) :g.-I~ e:.. ....... o g > a~ ~. ~: (I) rIJ S' =;- .....~ (I) Ct. o "1 ::s !l ~ (I) (1 ..... \rJ ~ ~ tr.l ~ tr.l ~ tr.l ~ o ""= ~ 'Z ~ \rJ ~ ~ t::l ~ \rJ fE SITE DEVELOPMENT STANDARDS 2. Cate20rv 2. C. Category 3 Activity involving the excavation and filling of materials more than two (2) feet below existing grade or excavation below the water table with no materials moved beyond the project property lines. 3. Cate20rv 3. D. Category 1 Activity involving the excavation of materials more than two (2) feet below existing grade or excavation beyond the water table with materials being moved beyond the project property lines. E. Category 5 .^~cti'.'ity invol'ling less than one hundred cubic yards of dredged material with no materials mo'.'od bO;fOnd the project property lines. F. Category 6 l\ctivity involving either one hundred cubic yards of dredged material or movement of any quantity or dredged material beyond project property lines. (Ord. No. 96 58, ~ 3, 1 21 97) C. Permits Reauired. An excavation permit shall be secured through the City Engineer for the movement of materials classified in this section. in accordance with Chapter 2. Article Ill. Section 5. 2. Reviews. a. Commission reyiev.'. (1) \Vhen requirod. The applicant must secure approval of the City Commission for all work which includes the moving of more than 1,000 cubic yards of materials beyond the project property lines. Exception: work associated with plat approval does not require second Commission approval; however, a permit shall still be secured through the City Engineer city oogiR6er for the movement of stated materials. D. Exemptions. D. Exemptions. Single family A single- family or aatl duplex residential 10tfHH'6 is hereby exempt from securing a separate permit pursuant to this section Article. (QRh No. 96 58, ~ 1, 1 21 97; Ord. No. 02 033, H 3, 1, 8 20 02; Ord. No. 03 018, ~~ 1 3,6 3 03) E. Standards. .^..RTICLE IV. CONSTRUCTION The following standards shall apply to all applications for "Excavation and Fill Permits": 1. Water Bodies. A-, Creation of water bodies. In instances involving the creation of water bodies as a result of excavating materials, work shall comply with the October 17. 2007 14 o n S 0- (1) ..., ...... .--..1 tv o o --..I ....... v.. (I) ET- ~ 00' 0 tr:l ~ (I) 0 ~ g PJ l:T'''1*0'::f')0g. ~'8~5'i3"1 8 (I) sa. 0 ......g . e:ao~o e:.g~(Jq::4- III en ~ ~ o ..... ::l ;::t ;e. :::to ;!1.. t:i p- .... ogPJET-~ ~ .-.. g (I) ET- ~ ~(I) "1 g a ;::t ::t..8 ::4- p- .... ~ ..... st ET- g =:j' ~ (I) (I) ..... ~ grng'est <G :::to "1 g a ~''8.g~~ (I) ....... 0 0 p- Qa::4->-+,(I) g- g' s g- ~ en en ~ '0 Q ..... 0 ;!1.. Q ~ ~ ~ ~ s ~. ~ l:T' ..... ..... en .... (I) (I) ~ g 'g g. ~:(Q os..... st ..... ~. ~. ~ ~ g Otl 0.. 8., *..:=:- 'Tj >-i I~ ........g . o 0 ~::4- ~ ~r <e. ~ ~ ;!1.. a-' Q Q (I) ::t 8.. en ~ g g. S <G. ..... ~ ::l: (I) (I) Q 0.. . (I) PJ g. S o ~ ET- a-' '< ET- (I) ~ > "l:l 0 ~~ :-8.. ~J~ D~ g. PJ ~ ~]t . ~ 0 (I)::l. . ~ g":". 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PJ g ~ a ~ Otl.....;,t(l)e:. ~. 8 ~. ~ S ~rn ,!~~5~[ g~]~~g, o..PJ~08P- ~ S4. ~. ~ Q ;..(en2:"1grn .- (I) (1)......-.. en rn 0 0 l:T'~0~i3 ~"1ae:.~ stPJ.......<; (I) tr' a g" =:j' (b g" Q ~ 8 a ~ o s o "1 (I) ~i rn Q 8". (I) ~ rnOtl ~ 9 ..... [/). o ~ 'Tj ....... o ~. 0.. PJ \rJ ~ ~ tr.l t::l tr.l t;] ~ o ~ ~ trl 'Z ~ \rJ ~ ~ t::l ~ \rJ SITE DEVELOPMENT STANDARDS 4. Miti2ation. E. Mitigation. If building construction on the site is to be delayed more than ~ 60 days after the site is cleared or partially cleared, all disturbed portions ofthe site shall be seeded and mulched as described in Chapter 4. Article I. Section I.E.S Chapter 7.S, .^Jticle 1, Section 19.C. The intention ofthis paragraph is to provide adequate ground cover to all portions of a disturbed site until permanent ground cover is installed. "^~TICLE V. NUIS"\NCE AR'\TEMENT The applicant shall control blowing sand, dust and other airborne particulate matter during clearing, grubbing, excavation and filling and until such time as permanent ground cover is installed. All Melaleuca, Brazilian Pepper and Australian Pine which occurs on the site shall be removed. 5. Archeolo2ical Artifacts. F. Discovery of archeological artifacts. Construction must immediately cease upon discovery of archeological artifacts, and certified notification must be forwarded within 24 hours to the Division of Archives, History and Records Management, Florida Department of State. Artifacts must be protected by the developer to the satisfaction of the division prior to recommencement of construction in the immediate area of the discovery. (Ord. No. 96 S8, ~ S, 1 21 97; Ord. No. 02 033, ~ 1,8 20 02; Ord. No. 03 018, ~S 1 3,63 03) Seotion 1. Clearing, grading, filling. Grade, excavate and/or fill to comply with this chapter, taking into oonsideration the existing and future grade of adjacefl.t properties and rights of v..ay. Prior to commenoement of any oonstruction acti'lity on the site, a reelarnation plan in compliance Chapter 8, Article III, Seotion A, paragraph 1 a, shall be approyed by the city engineer. Clear all rights of "yay and make all grades for strects, alleys, lots, water tracts and other areas compatible for draiHage as prescribed in the drainage design. Type of fill withiR dedicated rights of 'Nay and other dedicated lnnd shall be satisfactory to the city engineer, based on soil tests provided and paid for by the dt.weloper, '.vho shall certify as to the type of material and method of plaeem.ent. In the interest of the preservation of existing trees and other natural beauty, the city engineer, follo..../ing eonsuItatioR 'llith the city forester, may vary the requH-eHlents of this section where aesthetic and en'.'ironmental conditions v..m be enhaneed but ,:..ill not affect proper drainage of the area. October 17, 2007 16 >-' -.....) o n ... o 0- (1) ..., ...... .--..1 tv o o --..I en en i'il ~r g~ i:l S' 0<> n o 0.- " C 'tl ~ G ;:<:l ;:<:l l % ~ ~ f ~ Q {J &' -I> '" .... " t1 ~ '" .g S !! '" g ~ <Ti S' ~ ("") " ~ <: ~j" ~ ~ i c". g ~ ~@ ~ g; cr"st'g~""C a.~~ PJ g.~ ~~ 0 ~ o oO-'oe-st~~ p~~~en:(I)"",oPJOJ "1 ..... Otl ~ P....... P (I) ~ crg:~::r(l) ~ (1)'< PJ ::r ::1. (I) ~ ~ ;: 0...E. $. g. (I) ~ ~ a 0 r= 0 0 0 ({S. "1 3 0 ..... "l:l S' Pi" () q' ~ :::. fij 0 en ..... 0 Otl ~ ~ ~ 8 ~ e:. o' S 8 ct.. P "1 ~ 0.. ~ .o-t 'Tj PJ ~ ~ 0 (I) ~ ::r ~ 0 '<: ..... '< (I) ..... 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(I) ~ 0 o..ct..~.....r= ~~oe. st (I) ......, S' (I) ~ 0 (I) PJ g. ~ 0.. o (I)..... ::1. g~~ Oo..P'" a "1 PJ ..... (I) ..... ~ ~ ~ S g tv \rJ ~ ~ trl t::l tr.l t;] ~ o ~ ~ tr.l 'Z ~ \rJ ~ ~ ~ > ~ \rJ 0 n - 0 cr (1) ..., ...... .--..1 tv 0 0 --..I 8 ~ 0 ~ ~ \rJ ~ (") ~ ~ n 0.. tr.l c:t. S . ~ \rJ = ~ ~ ..... = ~ """'" cr ~ trl (I) ~ t::l 0 ..... trl ..... t::l st PJ 1:- (I) -< ~ 0.. \rJ !:1. PJ (") t!1 ::r(l) !;I) ~ ~ ~ e- o I (I) ~ ., ...... .......~ > ~ (I) ", en 0 ~ ~ ~ 03 S- (I) 0 tr.l tr.l ~ 0 ~ ~ \rJ 'Z ""t)1>> ..... ~ 0.." S- ~ ~ ~ ~ \rJ ~ ~ o (I) /') 0::1 (I) ....... ~ ~ ~ o . (I) ~s PJ 0 t::l ::r". ~ g r-< = > ~..... ~ ~ ~ ~ e.~~ 0.. ~ \rJ en o 0 0 ~ ~ ..... ~ ~ 0.. ::r S (I) c:r' ("). ~ Q "1 ~~ ~ :::':(1)0 ..... PJ < \rJ (I) t:t. (I) . ..... ~ ~ en ~ < ~ ~ :5. (I) st "1 ....... (I) ..... ~ o ~ 0 ~ 0.. PJ ~ (b ~ g ~ ~ ~ .....~e- e- . S'~. ....... \rJ o 0 cr ""t) ""t) 0 (I) SITE DEVELOPMENT STANDARDS 6. Land Value. To maintain and increase the value of land bv requiring: landscaping: that where installed and maintained properly. becomes a capital asset. 7. Human Value. To provide physical and psychological benefits to persons and to reduce noise and glare by softening: the harsher visual aspect of development. Section 2. Deolaration of purpose and intent. It is the purpose and intent of this artiele to impro'.'e the appearanoe of oertain setbaok and yard areas inell:1ding off street '!ehioular parking and opeR lot sales and serviee areas in Boynton Beach; to proteot and preserve the appearanoe, eharaeter and value of the surrounding neighborhoods and to preserve energy and thereby promote the general 'welfare by providing for installation and maintenanoe of landsoaping for soreeFling and elimination of visual pollution, and where possible that the landsoaping to be provided as a result of this article be oonstructed in a manner ':/hich v/ill reduoe the demand f-or energy 01:lITeFltly and in the future, siRoe the City Commission finds that the peculiar oharacteristics and qualities of BoyntoR Beach justify regulations to perpetuate the appeal of its natural '/isual pollmioR frec envirolTHlent. COrd. No. 00 51, ~ 2, 10 1 00) Section 3. Constrnction oflanguage and definitions. }~. Rulcs for oonstruction of language. The follo'vYing rules of constniction shall apply to the t~(t of this articlc. 1. The particular shall eoRtrol the general. 2. In casc of any diffcrcftces of meaning or implication between the text of this oode and any oaption, illustration, summary table or illustrative table, the text shall control. 3. The '-'lord "shall" is always mandatory and not disoretionary. The 'Nord' "may" is permissi'.'c. 1. \1-/ords used in the present tense shall iRclude the futurc; and words used in the siFlgular number shall include the plural, and the plural thc singular, unless the context clearly indioates the contrary. 5. l.. "buildiFlg" or "structure" includes any part thereof. 6. The phrase "used for" includes "arranged for," "designed f-or," "maintained for" or "occupied for." October 17, 2007 :2 \rJ """" Q I~ ~ tr.l 0.. t::l (I) en tr.l ..... > < (I) ~ tr.l ~ ~. ~ 0 L;.l [ e. ~ .......fI.l ~ o ct o ~ o ~ 'Z "1 Q ~ ~= ~ . \rJ ~ ~ (I) ~ tI) g~ ~ 0..(1) ~ a"1 en 0 -<: \rJ ..... ~ ~. 0..0 ~ en ~s., ~g. ..... PJ en ~ ....... ..... g. (I) g ~ ~ e:. ....... ~ cr' (I) o n g. (1) .... ...... .--..1 tv o o -.) SITE DEVELOPMENT STANDARDS construction. maiar modifications to existing sites. and newly created landscaped areas where compliance with regulations does not decrease conformance with parking regulations. Section 8. "^..pplieability of landscape ordinanee and other regulations. /\. This article shall apply concurrently and in direct relation to the requirements and regulations ofthe zoning eode of Boynton Beach. These regulations apply to ne'N construction, major modifications to existiFlg sites, and newly landscaped areas where complianee '.'Iith regulations do eo not decrease oonformance '.'lith parking regulations. These regulations shall apply to all zoning districts exoept planned zoning districts, and as noted herein exeept for detached single family homes or duplexes. B. Landscaping '.vithin PUD, IPUD. PCD and PIn Zoning Districts. Planned zoning districts are intended to allovl for fleKibility in required landsoaping but shall meet the intent of these regulations regarding perimcter, entrancc, signage and building landscaping; lake plantiRgs; planting specifications and methods; and signaturc trees. COrd. No. 00 51, S 2, 10 -1 00) D. Exemptions. The following are exempt from the standards and requirements of this article: 1: A single-familv or duolex dwelling unit on an individuallvplatted lot within a single-family or two-family residential district. However. all improvements are subiect to the standards of Section 3.A.12.. pertaining to heights of hedges; 2. Off-street parking and circulation areas located within an enclosed parking structure; and 3. Public improvements. such as schools. parks. streets, and medians. having separate design requirements regulated by other agencies. However. these improvements should be designed to meet the intentofthese standards without strict adherence thereto. E. Conflict. Whenever the regulations and requirements of this code are at variance with the requirements of any other lawfully enacted and adopted rules. regulations. ordinances. or laws. the most restrictive shall apply. unless otherwise stated herein. F. Relief from Standards. Unless described otherwise in this article. any deviation from these landscape standards shall require a variance, which is subiect to review and approval by the October 17. 2007 - 4- \rJ ~ PJ n ~ 0 ..... tr.l 0 0 t::l an tr.l ~ 0 t;] 0 ~ (I) ~ ~ ..... 0 tf} ..... tf} ~ VI a ~. g ~ g @ ....... ~ I?" ~ P. o' gstS~;.~~~ ~ nP ~ = ::r ~~~<(I)~oPJ PJ > 'Z ..... PJ 0 "1 ..... ~ o tn. ~ cr 8 ~ ~ ~ a 00 ~g'~e::~~PJg ""'l ""'l ~ ~ tv ~ ~ o PJ (I)..... ~ (I) ~ [~gq~~g"~~ ~ en ..... . 0..' (l)o..<o~~ ..... cr t::l ~'~PJg.~ = 0 > ....... "1 (I) ~ g en ~ ..... (I) PJ EJ enooI:PO:D"'~ ~ 0 t:::: D"' cr S 0 5 e:.. e (I) en < tf}PJ(I) 8(1)....... ~ a 00 ~. \rJ g. :::: "1 ~ 0.. CJ"' ~ (I) ~ .......crg. ;'~(I).... g g. o (I) 0 G' (I) ..... en ~ ..... g 0 o S' 0 0.. tf} st g. - ~ PJ ~..... ~ tf} a. 0.. g. cr (b st S ::s ...... ::r o ..... (I) ..... ....... e:.. ~ 0 en;::l:: tf} ~ t:j> ~ . ::r q- g. ....... cr ~(I)~tf}e:..(I) > (I) 0.. ............(1) PJ 0..00 Slg"en en "1 (I) a ~ ~ 0 ..... ~ PJ < ..... Plst(l)~~ en (I) en ~..... 0.. (I) ~ o (I) 0..... ~ (I) ~ ~. ~ ::? 8.. cr~~cr[>~ (I) ..... "10"1 ::::(1) (I) ::s o n ...... o 0- (1) ..., ...... .--..1 tv o o --..I October 17. 2007 SITE DEVELOPMENT STANDARDS provisions of this article nnd the Boynton Beach Building Code, except fDr minor modifications a landscape plan shall be submitted to and appro'led by the planning and development board. The landscape plan shall be dra';;n to scale, inoludiRg dimensions and distances, and delineate the tmisting and proposed parking spaces or other '/ehicular use areas, access, aisles, drive ways, sprinklers or '.vater outlet locations, and the location, size and deseription of all' othor landscape materials, the location and size of building if any to be served, and shall designate by name and loeating the plant material to be installed or, if existing, to be used in accordance with the requirements hereof. There shall be an application fee as adopted by resoh:ltion of the City Commission for landscape plan appro'.'al. No landscape permit, building permit or certificate of occupancy shall be issued for such building or paying unless such landscape plot plan complies '.'lith the provisions herein. No landscaping shall be installed without a landscape permit. fJI inspections to determine oompliance ".yith the appro';ed site plan shall be conducted by the development department. COrd. No. 00 51, ~ 2,]0100) Section 2. Landscape Desi2n Principles. The following design principles shall be applied in coniunction with the design and buffering standards of this article: A. Natural Landscapes. Landscape designs should preserve and enhance existing natural landscapes. specimen trees. and native vegetation. Where previous landscaping has dramatically altered natural landscapes. new designs should re-establish original landscape patterns and plantings. B. Composition. The Quality of a landscape design is dependent not only on the quantity and selection of plant materials but also on how that material is arranged. Landscape materials should be arranged in a manner as to provide textured appearance and contrasting color through the use of a variety of plant materials. The three-dimensional form of the landscaping should be considered. so that the final design presents a coherent whole. C. Bufferin2 and Screenin2. The use of natural landscape materials (trees. shrubs. hedges) is preferred over the sole use of human-made materials. such as buffer walls and fences. for buffering differing land uses. for providing a transition between abutting properties. and for screening the view of any parking. storage. or service areas visible from a public street or pedestrian area. - 6 - --..I o n ..... o 0- (1) "'i ...... --..I tv o o --..I I~ ..... o s s I~ ~~ ~ ::I. .....e. en o """"(1) ~ ~ ~. < (I) ::r' g. ..... ..... en ::r' o ::c s..~ 0.. ~. (Ps::~ PJ ..... ~ tJJ :=.: 1:1 5" N' .... ~(I) . r:t; o Cl.. s:: .....'Z ..... ~ o !:to .......~ \rJ ~ ~ tr.l t::l tr.l < tr.l ~ o ~ ~ 'Z ~ \rJ ~ ~ ~ > ~ \rJ October 17, 2007 SITE DEVELOPMENT STANDARDS I. Quality Pedestrian Environment. Landscape designs should give special attention to ensure a safe and attractive pedestrian environment. In high activity areas. such as commercial and workplace settings. benches. kiosks. artwork. and other streetscape elements should be incorporated into landscape designs. Pedestrian access to sidewalks or buildings should be considered in all landscape designs. with special consideration of pedestrian sightlines. especially at crosswalks. Section 3. Standards. It is the obiective ofthis section to provide landscaping standards tailored to distinct geographic areas ofthe City to ensure that the type. quantity. and size of required material is commensurate with the type. intensity. scale. and location of new development and particularly consistent with vehicular movement. streetscape design. pedestrian habits and routes. and design relationship between proiects. The intent of these standards is to promote a landscape design pattern that is functional. practicaL equitable, and creative. Seetion 1. Landsoaping requirements fnr certain ymd areas and off street parking and other '1eflicular use areas. "^..ll areas used fDr a display or parking of any and all types of '/eh.ieles, boats or oonstruction equipment, whether such '..emctes, boats or eqaipment are self propelled or not, and all lood upOR which vehioles traverse the property as a function of the primary use, hereinafter referred to nn "other vehicular uses," including but not limited to aeti,..ities of a drive in natuf"e such as filling stations, groeery and dairy stores, banks, restalHants, new and used car lots, m1:lltifamily and ol1:lster Rousing, afld th.e like, shall conform to the minimum landseaping requirements provided herein, except areas used for parking or other 'Iehioolar uses under, on, or ','lith-in buildings, and parking areas serving single faFRily dwellings smce such resiaefttial areas are normally voluntarily landseaped. (Ord. No. 00 51, ~ 2, 10 1 00) A. City-Wide Standards. The following standards shall apply to all properties in the City. except for those exempted in Section 1.D of this article: 1. Native and Drou2ht Tolerant Species. Plant materials to be used are limited to those classified as "dry" and "moist" in the publication "Waterwise South Florida Landscapes". published by the South Florida Water Management District (SFWMD). To the maximum extent possible, plant selection should emphasize native plants. J2:. Native speoies. Upon meeting the requirements of other sections of the landscape code, fifty (50) percent of site landscape materials ml:lst be nativo species. - 8 - o n - o c:T (1) .... ...... .--..1 tv o o --..I \rJ ~ ~ tr.l t::l tr.l ~ Ig' " 0' :!l 11 J I'" t;] o..o...g "1 0 0 ~ ~ Z ::1. :5. ~ \0 o J;:: 0.. en . 0 ~ "1 PJ ..... . o. [ ~ z g. "Il ~ ~ g.::1O~f. ~ en ...... . 0....... = tr.l "l:l 0 ~ ....... H) .... 'Z '~rg.;~Qe:i~ ~ en en rn..... = \rJ .oe?.~ ::craf.... "1 ....... (I) (D ~ e: cr g' ~ o. S' ..... ~ rn . (I) ....... ......._ (D (1)(')2" PJ(I) . t::l ~(b"1~ enrnS n .... ~ (I) ~ ~(I) o.s =:r la (D ?J >-3 <' ~ g. r' ~ PJ (I) 0 PJ ....... ~ 0 ....... \rJ 0.. g: ..... ~ en . @ ~ cr ~ ~~ ~s8.. ~ o en a la ~ ~ "1..... S' ..... PJ~ g.o < g:o (I) g.8 (I) ,<:"1:4len(l)~ (I) ~(I)la~lZlcr 0 (I).g(l)o..gs 0 (I) PJ 0 en o .......H)lZlo..~ en H)g."T1gPJ ..... ~(I)oo..a8 8 g @ ::1. el en ~ en o..og.o..crg: ..... en . ~ en "1 en SITE DEVELOPMENT STANDARDS '" October 17. 2007 - 10 - C~caJ woorJ until mm 6' ill Signature Tree. A signature tree shall be installed at both sides of a development's entrance (ingress). The caliper of a development's signature tree shall be a minimum of one (1) inch at the time of installation. Signature trees. if sized with a caliper of less than four (4) inches at the time of installation. cannot count toward meeting the minimum number of trees required on-site. Signature trees include the following species: (i) Purple Glory Tree (Tibouchina J!ranulosa); (ii) Yellow Elder (Tecoma stans); (iii) Bougainvillea (BouJ!ainvillea ); (iv) Glaucous Cassia; (Cassia surattensis); and (v) Orange or White Geiger (Cordia sebestena or boissieri). o n .... o 0- (1) ..., ...... .--..1 tv o o --..I ...... ...... - 0-., u.J ....... 0-., ';"" II 0 ....... - - , - I I I - Vl - 0\ wo ~ 0 0 0 ~ 0.. 0 = 0 "'tle < .., /Z' Q o fD :S. ~ =-Iott B.~ .., fD fD ~ ~ = ~e .., /Z' fD fD fD .., 0-., Vl ~ w N - ~s, fD ~ 12. fD ~ ~. fD =- 13 g; g, N cr~ =~ o (I) ~ ~ :': S. (I) en 0 (I) O' o ;n ..... (I) en o >-i-) ~~ ~ (I) a ~. ~. ~. 8:~ [~ .......& g'Q >-l ~ ....... (I) ~ , ....... >-l ~ (I) en (I) o ..... (I) ;n \rJ ~ ~ tr.l t::l tr.l -< tr.l ~ o "'tl ~ trl 'Z ~ \rJ ~ ~ t::l ~ \rJ SITE DEVELOPMENT STANDARDS include Yellovl Elder, Tibouohina Granulosa, and Bougainvillea. Trees (see list belo'.v) with roots known to cause damage to public roadways or other public works, such as Ficus species, shall Rot be planted. The following exotic (nonnative) tree species shall not be planted as part of any proposed landsoape plan. Deemed as "invader species" in South Florida and the reasons to prohibit them inolude: Shallow roots which malcc them susceptible to wind damage (hurrioanes); that they gro'.v in dense stands orowding out native vegetation; they create monooulture (single tree speoies) that exolude most vlildlife; they have poor quality vlood of no oommeroial '.'alue; can cause serious health problems to allergic individuals, and they are prolific propagators that encroach into native '/sgetative areas. Those trees declared to be exotic and nonnative are: All of the Casuarina Species; Brazilian Pepper (Florida Holly); Schenius leroointhifolius Melalcuoa (Punk Tree); Melaleuca quinquenervia. b. Shrubs and Hed2es. 4. Shrubs and hedges. Shrubs and hedges shall be planted a minimum of t':/enty f-our (241 inches in height, nventy four (241 inches in spread nnd planted with tip-to-tip spacing measured immediately after planting to form a continuous opaque landscape barrier within one (1) year adequately oover the planted areas on the site. The minimum hedge height may be reduced to 18 inches if planted in conlunction with a berm where the minimum combined height is 36 inches. 6. Ground cover. Ground eovers, either vegetative or nonliving, used in whole or part shall present a finished appearanoe cmd reasonably complete oO'lerage vlithin three (3) months after plcmting. Hov/over, when slow maturing ground covers are used, they shall be mulehed. October 17, 2007 - 12 - o n - o 0- (1) "1 ...... .--..1 tv o o --..I ~ I!J' a Q ...... ..... w en ~ ~ 0 fo) ...... .... tll ...... .., 0 \rJ crQ (I) = ~ .., n en !'D (I) 0- ~ "1 l o H-, ~ I[l~~ ~: U') ..... -- PJ tj o 0 p :~i ~ ~ i,; l ..... ..... 0.. 8.. <:: ~ 0 ..... ..... 0 8~aN f s.~. ~; t cr~~!S. "1 a ~ Q ..... ..8 (I) ::to "l:l ~ ~oo.......::r . ..... ~ ~ PJ (I) "1 <; ~..... g ~ ~. S' ~ . (I)~stqq""'<: ~ '='1 en..... fiiSg<: ~ PJ (I) (')..... D: en (I) (I) ~ ~ g.~ ~ (I) 0 P 0'1 @ PJ t:tl (I) 8.. ~ \rJ ~ ~ tr.l t::l tr.l -< trl ~ o ~ a= trl ~ ~ \rJ ~ ~ t::l ~ \rJ SITE DEVELOPMENT STANDARDS alternative sources of water shall be used for irrigating landscaping materials such as well water. and/or reclaimed water where available and to be used in compliance with City and County regulations. Where ground water is not available of the quality necessary for irrigation purposes. and other preferable sources are not available. potable may be used in accordance with the following requirements: !!:. Approval is obtained from the Department of Utilities; b. The site irrigation system must be designed to only use a restricted number of gallons per month (water bill); S The site irrigation system must be designed to automaticallv remove all established trees off watering at the end of year one; d. The site irrigation system must be designed for simple removal of all established trees on separate zones from watering at the end of the first year; e. All trees, shrubs. and plants (no sod) used in the site landscape design must be identified as having low watering needs in the South Florida Water Management District's "Waterwise" publication; and f: Landscape and irrigation improvements must be inspected annually for compliance with these requirements. 6. Irri2ation. All landscaped areas shall be provided with an automatic water supply system as approved through an irrigation permit (see Chapter 2, Article IV, Section 3). Irrigation systems shall be designed as follows: !!:. To promote water conservation. landscape (bedding) areas shall be designed on separate zones by plant drought tolerances. All trees shall contain drip bubblers and be on a separate zone; October 17, 2007 - 14 - o n S c:r (1) ..., ...... .--..1 tv o o --..I ...... VI .g~ 'E..o.. ..... 00 o 0 ~~ 0" S. OOtl "1 0.. en ..... ~ ~ PJ ~ ::::: o cr ~ (I) ~ ..... o..~ o ..... o e- o......... (I) 8.. "1 (I) en ..0 0 s:: ::j' PJ . g:~ (I) 0 > ~ ....... rzs....... 7"(1)(1) (I) ....... ..... (I) PJ S :=g o rz Ejto ~ H, cr ~. ~ ::s == 00 fI.l s-.... :=~ (I) ~ o..ct. ..... 0 ~ == PJ . o o o a ~ o f' o ~ (I) 0 "1 ~ a (I) ....... < o (I) ~ "1 0 PJ ~ ..... s' 0 PJ (I) t:::: . ('tI ..... en ~f ..... (I) 00 ~ Ir ~ (I) ..... 3. en ..... g S s:: en ..... o o ~ ~. ~ PJ Pl ..... ~ \rJ ~ ~ trl t::l tr.l t;] ~ o "'Q ~ 'Z ~ \rJ ~ ~ ~ > ~ \rJ SITE DEVELOPMENT STANDARDS c. Inspection. The City shall inspect all clean fill. irrigation systems. and landscape improvements prior to installation. No temporary certificate of occupancy will be issued until the clean fil1. irrigation. and landscaping improvements meet the requirements provided herein or the applicant submits surety for 110% of the value of the incomplete clean fill I landscape / irrigation improvements. Surety will be released upon completion and inspection of incomplete improvements. i\n inspector from the city de'/elopment department shall iFlspect all landscaping and no certificates of occupancy and use or similar authorization will be issued unless the landscaping meets the requirements provided herein. All landseaped areas shall be provided ':lith an automatic irrigation '.vater supply system. EKoeption: Irrigation is not required for areas fully Keriscaped and appro'.'ed by the City urban f-orester. Reuse water may be used ""'/here available and permitted by the Palm Beach County Health Department. (d) Upon iRspection by the City Forester, any trees found to be in declining condition shall be replaced ',T/ithin thirty (30) Eiays. 8. Mulch (Non-livin2 Plantin2s). Planting areas shall be mulched to a minimum depth ofthree (3) inches at the time of inspection and maintained at this depth thereafter. No CyPress mulch shall be used. All mulch material shall be free of seeds and weeds to prevent tree sprouting and regrowth. 8. Mulch other than Cypress shall be used and maiFl:tained for landscaping purposes. 9. Upland Buffer I Littoral Plantin2s R. Upland buffer/littoral plantings. Lake and retention areas in excess of one-half (Y2) acre shall be areas (rctention ponds) in 6Kcess of one acre in area shall be planted to create a habitat that provides the optimal environment for upland and / or aquatic and other species. Lakes. ponds. and rentention areas provided for new construction or major modifications of existing projects shall be planted as follows: .!!: -h To occupy a minimum of SO% of lake perimeter with littoral plantings; October 17. 2007 16 - --..I o n - o 0- (1) ... ...... ,--..I tv o o --..I .g .g 8 t1 ~S' ~ ~ ~ .g S I~ "l:l "l:l ~ ~ l:j' C"I'.l ..... ~: PJ "l:l ..... ..... (I) ..... PJ l:i' (') "1 e. 8 8 S- 0 0 e:.. ~ ..... S' 0 tj < < C; 0....... (; ..... ~ "d P e:.. 8. S 8, Q 0.. ~ g Otl ~. S :f>- o "1~otj8.(I)~"", "1 cr..... ~ >-+, P "1 (I) 0 "l:l '< ~ 0 "t1 e:. 8....... ~ >-+, > ~ g:.~ N~g.~ (I) ~~.~~ S ~ (') S e:...... ....... < (I) < ;:r (") 0 ..... ~ ;!1.. el 0 (I) (I) ~ l:T. ..... a (I) ~ ~ (I) . 0 < ..... (I) ~ ~el -a><~os- qcl$oen~~~~~(I)O~. ~'(I) cTo..o..~a~ ft ~ g ~ N "1 p- 0 (I) o' """ ..... ~::;.:PJO ~"1o~W~ l:i'~~ ....PJ ~..en ~ . 0 (I) ....... >-+, ..... ..... !if P-PJ~ ::4.enPJ.......~I--'....... (I) l:j ~ (I) ~ ..... en I....... ~.~PJgp.s-~sg 8. S ~ ....... ~ "l:l "1....... (') (l)PJel~J;::o.."""'e:..8. g oOtl(l)C"I'.l~e;~ ~..... >-+, 9 ~ ..... & 0.. 0.. ~ ~. 0 OQ' en El "1 en "l:l (I) ~ "l:l s:: ..... (I) (') (I) ....... en ....... ....... p- ~(I) 0 ~ ~ ~ (I) l:i'PJ >-+'''l:l s:: ,. .......... ..... PJ ~ ..... en "l:l "l:l ..... ~ 0 ~ ~. el 8 0 ~ ..............t:tl"1..... ::s (I)"d Oil' ~ ~ 8.~ g"g-~ ~ ~~; [JJ ~ ~I~ (I) 0 ~ o "1 ..... (I) (I) ....... 0 en S' >-+, (I).......tfJ E;' o "1 >-3 e:..o en (') PJ t:tl l:i' g ~ ..... (I) en ~. (i) ::;;..... ~ "l:l;!1.. 'h (I) 0 "'. "1 >-+, f fr~~ ~. ~':::.Ii ~ ~ ..... g ..... g ..... ....... s ~ S' 0 PJ (I) >-+, r:t. ~ ~ a>;:t)o o en 0..0 ............s:: ~ 0 el ...... >-+, (I) \rJ ~ .., tr.l t::l trl -< trl ~ o ~ ~ 'Z ~ \rJ ~ ~ t::l ~ \rJ SITE DEVELOPMENT STANDARDS Right Tree in the Right Place". as published by the Florida Power & Light Company. a. All trees planted in or in close proximity to an easement shall be installed consistent with the Engineering Design Handbook and Construction Standards for Landscaping. Irrigation. and Lighting. b. Landscape strips and buffers shall be required to extend a minimum of five (S) feet beyond the easement for planting the largest canopy tree possible as allowed by FPL and City standards. If a buffer wall with a continuous footer is used. a minimum of ten (10) feet outside ofthe easement for planting is required. c. The abutting easement shall be entirely planted with shrubs and trees according to a design similar to the adioining or overlapping landscape strip or buffer. d. Roots and branches of trees shall not impact existing underground or overhead utilities and infrastructure. Trees planted in close proximity to easements shall be the largest possible and selected to avoid aggressive root systems. Root barriers shall be required to protect nearby underground infrastructure and parking lots and curbing. !:.: Trees shall be maintained so that the mature tree canopy is a minimum of ten (10) feet from overhead lines. S. Landscaping within eaSeHlents. Consistent with Chapter 1. Artiele I. Seotion 1.C.1 Chapter 7.S, 1\rticle I, Section 18.1, tree species placed '.vithin utility easements shall be 00Bsistent with the En$eerinJ;!: Desia'l Handbook and COflstrnetiOR Standards for Landsoaping. IrrigatioR & LightiRg limited to palm trees. Trees plaeed outside of eaSeHleB.ts so that roots and branehes do not impact existing utilities require appro'lal of the Director of Utilities and must be eOflsistent with the planting: guidelines of Florida Power and Lililit Utility "RiJ;!:ht Tree Right Plaee" docwnent. Canopy trees shall be planted outside of easements so that roots and branehes do not impact existing utilities unless lij)proved by the Utilities Director and consistent with plantiRg guidelines of Florida PO'ller & Light Utility. (Ord. October 17. 2007 - 18 - o n ..... o 0"' ~ ...... .--..1 tv o o --..I \rJ """" ~ tr.l t::l tr.l I~ IP t;] ~ 0 1.0 Ir =PIC' PJ ~ ~ o . I>> ~ S = ~ 'Z ..... l:IJ ~ cr en \rJ w~ n ~ (I) 0 .... I>> \rJ o..~PJ I>> ~ ~ = ;'(1):- ~ ~ en (I) g 0 I>> ..... (I) ""I t::l S ~ ~ ~ en \rJ VI ~ "1 g.. 0.. ..... ..... ..... o ~ e. ~ ~ PJ ~ SITE DEVELOPMENT STANDARDS street parking areas. Off-street parking: and vehicular use areas shall include landscape islands designed as follows: !.: Reauired Landscapin2. Off-street parking areas. excluding those spaces located within parking garages. shall have at least 25 square feet of parking lot landscape islands (i.e. green space) per parking space. including those on-street parking spaces allowed in accordance with Chapter 4, Article V. Section 4.B; b. Tree Size and Type. Parking lot landscape islands shall be designed to correspond with the size and growing characteristics of the intended tree species. Types of required trees exclude palm species. and tree sizes proposed within each island shall directly correspond with the size descriptions included in the South Florida Water Management District publication. "Waterwise"; S Lar2e Islands. Landscape islands sized greater than 224 square feet in area are defined as "large islands" and shall not be less than 15 feet in width in any dimension. Each large island shall contain a minimum of one (1) tree. classified as a large tree (see paragraph "b" above for description of a large tree). A minimum of 75% of the landscape islands shall be large islands within developments that are reQuired to have up to 249 parking spaces. A minimum of 85% of the landscape islands shall be large islands within developments that are required to provide 250 or more parking spaces; d. Small Islands. The remammg required green space within off-street parking areas shall be allocated to "small islands". which are defined as landscape islands sized at least 150 square feet in area and no less than 10 feet in width in any dimension. Each small island shall contain one (1) tree classified as a "small" tree; !:.: Plantin2s. All landscape islands shall be entirelv planted with shrub species; f: Cross Visibility. All plant material proposed within each landscape island shall October 17.2007 - 20 - o n S r:T (1) .... ...... .--..1 tv o o --..I tv ...... Er~S~8stS ftct'~~a(l)~ go....... ....... ..... t:tl ..... PJ ~. 0" ~ g "1 ~ =to ;!1.. (I) o' (I) ;!1.. Q. g S' g. !E st ~ cr as' (I) 0 (I) > g g ~ g" ~. s. ~. 0 O"......."-h ~ ~ ct'''1 e (I) ~Otl S oo..~;.<~,<(I) ~. ~ 0.. ..... ~. (I) 0........ : ~ ~ g. ~ : I~ ~ ~ ~. ~ ~ ~ 0.. ~ 'E. gsteo..gs~~ ..... ..... e (I) ..... ~. Et- ~ Jg ~ ~ Jg 0(1) ~o_o....en ~ ....... cr "oJ lri 0 0....::.. (I) 0 S' ~ ES ~ ..... (I) s ~ 0 0.. 0 !E a. PJ g. ir >-+, s:t" < .......... 0.. ..... PJ ~ (I) ~ PJ ..... .....,............ .....Otl ~ en ~ 1 (I) 0 ~. (I) Otl ~~.~~8.~q st ~ (I) (I) S' 8 (I) 8. ~ g; OOtl.;n ~ a 0> S' ~ 'El s ~ i I~ "1 .gj ~ ~ ~. '" o (I) ..... (I) ~ ~ . 00< ~S'"....... S =to (I) ..... S' ~. 'E. g ~ ~ (I)~. ~ (I) 0.. ~ = ~. ~ S' PJ ..... ~ 00 ~ o o..~' !=i: ~ o' ::r ~ (I).....[~~~Il'~a=- ~::r ~(I)~ ....... ..... ~ Q.. :s.. (I) ~ ~ ~ g- Et- g (I) '-< ~ g a. 0.. "1 st::P~p.;ort:tl.......~t ~ t:tl~ S ~ 8.~'8' PJ :::: 0...... 0..1 0.. ~ . 00 .. 00 en en ......... 0 (I) 0 0..... g.......PJ~"1 PJcr ~. ~ ] g; ft 'S. <r ~ ....... , 0.. 0.. ::1. 8 Jg 0> (I) ~ ~ ~. i. ~ ~ ] ~i ~ t ~Io ;!l. ~ en a (I) 'g 0.. (I) o' o' S ft .......1 S' ::: a. g. ~ ~ ::r~. en 0 en 3 (I) ~. PJ en 00 ~ ..... 0 "l:l . en 00 ~ 0 ::r ft 0 ~ (I) Otl . 0 PJ ~ ~ 'a.~'~~l (I)~::::~ ~ ..... oOPJ:::: .......0"0(1) en ~~::::....... O(l)(I)~'jl I~ ~ = 5r .... ~ = = = n ~ ~ ~f,Q o (I) ..... (I) 0....... ~ 8: ~t; (I) ~ =- g ~ ~ ~ g . o en .....en en ::r at"" ....... ..... ..... (I) en I~ s (I) S' ~ ft o ~ (I) ~ o 0 >+,(1) (I) en ..... ~ ....... ..... en ::r (I) 0.. ~s ~ S' (I) S'" 9 S' we O~ o S' g' g.2' (I) g. en (I) ~ 0.. 0..8 (I) en ..... 00 \rJ ~ ~. tr:l ~ trl t;] ~ o ~ ~ tr.l 'Z ~ \rJ ~ ~ t:::l ~ \rJ SITE DEVELOPMENT STANDARDS unnatuml eKtent. All existing and newly installed materials not pruned in accordance with the IAA standards must be removed and replaced on the site. The total diameter inches of the new trees must equal the total number of diameter inches of the improperly pruned tree(s). Any trees removed in violation with these regulations will be replaced in compliance with this section trecs must be maintained in accordanoe with standards of the National ,'\rborists Association. All eKisting and newly installed trees f-ound not to be trimmed in accordanoe '?lith the N"\"^~ standards must be replaced with the same size tree. Site maintenance shall not alter screenirrg or barrier below the intended requirements of these regulations tEl deci"ease the original level of required density. f: Maximum Hei2ht of Hed2es. The maximum height of a hedge shall be eight (8) feet above finished grade. except as described below: ill Single-family and two-family districts: Four (4) feet within the front yard setback (including the side comer vard); ill Multi-family developments: The maximum height of hedges within the front yard setback shall be six (6) feet for all properties with less than 400 feet of frontage on a typical City street. For multi-family developments with more than 400 feet of street frontage. the maximum hedge height shall be eight (8) feet. In either instance. the placement of the hedge shall not cause any traffic line-of-sight obstruction; and ill Where adiacent to golf courses. golf driving ranges. Interstate 95. railroad rights- of-way. along property lines where residential abuts commercial or industrial uses. and along property lines where residential abuts parks (public or private) : 10 feet. other than within the front yard setback. d. Appearance and Maintenance. Also see Part II (Code of Ordinances). Chapter 15. Article October I 7. 2007 - 22 - o n ..... o 0- (1) .... --..I tv o o --..I tv W I:" \/.ltT1elO~~~(') j; ~ (I) >-+'PJ ~ ~~ ~ .PJPJ:::::::o..PJo 0.. en _ en PJ (I) C/] ........., 0 ~g ~o..(I) PJ ..... PJ (I) ....... !Z' ~. ::::::: ~ g (I) c::T'eo~tj t:l(l)!",(I)~~ (I) o............s eno..~PJ(I)(11 ..... (I) " ..... 0. p r::t f!1. go ~ eo 0.. g g; S' en S ::r: (I) f!1. ..... (I) ..... C/] (I) ~o..~~~o;a 0.. ..... 0 ~ (I) !;t::::::: ..... c::T' ~ >-+, g ..... >=0. ~ 0 o en 0 o ~ ~(') \rJ ~ ~ tr.l t::l trl t;] ~ 0 "1 ~ ~ (I) ~ trl rn 'Z (I) ~ a \rJ ..... ~ ~ 0 (I) ~ ~ ~ t::l > ~ \rJ 0' "1 ~ S e: 0.. s S ~ s' s ..... g en ~ g 0 0.. (I) a 0 >-+,en SITE DEVELOPMENT STANDARDS signature tree in accordance with Section 3.A.3.a.( 1) and a minimum of two (2) colorful and / or flowering shrub species (3 different species if sufficient space is available). Design emphasis shall be placed on clear understory and low-growing or dwarf varieties of landscape material with a maximum height of 30 inches. in order to comply with visual obstruction regulations (see Engineering Design. Handbook and Construction Standards and Chapter 4. Article VIII. Section 4.B.18.). The plant material required in this subparagraph may also count towards meeting the minimum requirements for landscape strips abutting rights-of-way (see Section B.2 and Section C.2 below). f.: Drivewav Openin2s (and Cross-Access) Between Properties. Landscaping on each side of a driveway opening that connects abutting properties shall be designed with an emphasis on clear understory with low-growing or dwarf varieties of plant material. All plant material proposed shall maintain unobstructed cross-visibility at a level between 30 inches and eight (8) feet above pavement. Canopy or palm trees shall be trimmed up eight (8) feet so that limbs and / or foliage does not create a traffic hazard. G. Parking area interior landseapiFlg. Off street parking areas shall have at least twenty (20) square feet of interior landscaping for each parking space excluding those spaoes abutting a perimeter for '.vhich landseaping is required by other sections hereof and excluding all parking spaoes '.vhich are directly served by an aisle abutting and running parallel to such a perimeter. Each separate landscaped area shall oontain a minimum of twenty five (25) square feet afld shall have a minimum dimension of at least fi'le (5) feet and shall include at least one tree haviRg a clear trunk of at least five (5) feet, with the remaiRiRg area adeqaately landseaped \vith s~-ubs, ground cover or other authorized landscaping material not to exceed three (3) feet in height. The total Il-l:lfRber of trees shall not be less than one (1) interior tree for e'.'ery ten (10) parking spaees. Trees pro'.ided adjacent to rights of vo'ay, abutting properties, and building '.valls shall not contribute tov/ard this requirement. Such October 17, 2007 - 24 - o n - o 0- ~ - --..I tv o o --..I I tv VI f . \rJ ~ ~ trl ~ tr.l t;] ~ o ~ ~ t!'.l 'Z ~ \rJ ~ ~ ~ \rJ SITE DEVELOPMENT STANDARDS of 'Nay with 1\'/0 (2) sides of the triangular area being thirty five (35) feet in length along the abutting public right of way lines, measured from their point of intersection, and the third side being a line oonneoting the eRds of the other two (2) lines. 3. The area of property looated at a corner formed by the iRterseetion oft'.vo (2) or more public rights of v.'ay being a colleotor or arterial street, Of any right of 'Nay of higher classification than a local street, the nvo (2) sides ofthe triangular area shall be fifty (SO) f-eet in length for the oolleotor street, and one hURdred 1\vooty (120) feet fDr the arterial street along the abutting public right of way lines, measured from their poiFlt of intersection, and the third side being a line eonnecting the ends of the other t'1I0 (2) lines. 15. Raised Planters. Raised planters shall be allowed. contingent upon the following: 26. Raisod planters, pro'.'ided they a:re set baok three (3) feet from side nnd rear property lines and shall have a maximum height of six (6) feet. !!:. A mInImUm setback of three (3) feet IS required from all property lines: b. No planter shall exceed a maximum height of six (6) feet. c. All planter shall contain clean fill. d. Planters shall be located to comply with Cross-Visibility and Safe Sight regulations of Section 3 .A.14 above. B. Urban Landscape Code 5. Landsoaping. Landsoaping shall be provided as set forth in ~ Chapter 7.5 of the City of Boynton Beach Land DeY/elopment Regulations. Compatibility 'l/ith existiRg landscaping. In order to maintain compatibility v.'ith adjaoent development, the oity may require whefe desirable, that site landscaping be designed similar to adjacent or Flem-by property. (Ord. No. 00 51, @ 2, 10 1 00) October 17,2007 - 26 - tv --..I o n g. (1) .... ...... --..I tv o o --..I ~ ~ sg I?' 0.. 0: 00 ....... (I) g [~ (I) ..... C\ 8 ..... 0 ~~ o..~ st~ (I) (I) ~ :;PJ - (') ~ ~ ~8a.e. jga~~ PJ ~ . ~ 0 ....... .....(I)~'1:l 5 0..8 (Zl ~ ~ (I) ..... PJ ~ &. st (I) n' g st 0 en W (I) 0 ~ h g.e: . ~ (') croooo~ ~g.g"e; ~~::::(I) . g-cr~ ~ (I) S. t I~ \rJ ~ ~ tr.l t::l trl ~ ~ o ~ ~ 'Z ~ \rJ ~ ~ t::l ~ \rJ ~ ~ = ~ .., ~ ~ SITE DEVELOPMENT STANDARDS entirelv planted and comprised of two (2) lavers. namelv an inside and outside portion. designed as follows: !!:. Off-Street Parkin2 Areas Abuttin2 Roadwavs. The landscape striP. intended to screen off-street parking lots located within front and side corner yards. shall be at least seven (7) feet in width and comply with the following: ill The inside portion of the landscape strip shall consist of a continuous hedge. installed at a minimum of 24 inches in height above finished grade and one (1 ) tree spaced a maximum of25 feet apart. A berm is optional. Tree spacing may be modified by factors such as the location of utility poles. drivewav openings. cross-visibilitv. and safe-sight requirements. However. tree spacing may be reduced for vehicle-intensive or other unsightlv areas; (1) Trees. '^JI neT;;' oonstruction in the MU H district shall provide shade trees in the streetscape. (2) Tree spaoing. (a) Trees shall be rogularly spaoed. The spacing of the trees shall be at a minimum of 20 25 feet on center. (b) Spaeing may be modifiod by factors such as the plaoement of utilities, by property access points, sight lines at eorners or by oorner conditions. ( c) Tree plaoement shall matoh the existing pattern, where appropriate. (2) The remaining outside portion of a landscape strip shall consist of a minimum of three (3) shrub species. two (2) of which shall be flowering species. planted in continuous rows or clusters. Plant selection and planting patterns that optimize the display of plant texture and color are encouraged; October 17, 2007 - 28 - o n - o cr (1) .... ...... .--..1 tv o o --..I tv \0 PJ (3 en < ~o.: ::::::(1) o 0.. ~ ..... en ..... 00 ~ PJ ....... ....... O"t-:"r:: r:: p en ..... en (I) o r:: e; ~ g.. (I) ........... PJ (') 00 S' ~. S-S (I) 00 ..... l}~ 00 (') 9 ~ g ~ !:r ~ o .J:>. 0 ~ "1 g; o (I) . g ~ g.o..PJ (I) (I) :::::: S s' a s~ Wo[ o "1 (I) ~. 0 en o < ~ ~ t:s- s- (I) w en ..... ~ 0 "1 ~ d en < g. o' ~ (b~ , ..... a g en ..... < (I) o "1 2.8 e. s S tI1 8,& t:tl < (I) (') o ~ en ..... en .-+ o ....., ~~ PJ (I) ::::::e; cr(l) (I) PJ 0.. en (I) ....... f!a. 0 (') ~ 8.8. g; ~. ....... \J':J.IC" ~ .... . 0.." en ~ (') ~ PJ 00 ~ e. ....... ....... ....... o ~ en 0" (I) PJ ....... .J:>. Cr l} o < ~ CZl (I) a ..... o ~ w ~ ~. S- S-(I) ~Sw ..... g.(3 <g!:r !-<o..~ CIl (I) 0 (I) ..... g. a ~ ..... 0 rn o (I) ~ ..... Ng'~ ;.....en~ ~ S. 0.. ..... ~ .J:>. \rJ ~ ~ tr.l t::l tr.l < trl t"" o ~ ~ tr.l 'Z ~ \rJ ~ ~ t::l ~ \rJ SITE DEVELOPMENT STANDARDS ill Foundation landscaping and trees shall be installed within the reduced building setback areas. between the building( s) and property line(s). Tree spacing may be modified by factors such as the location of utility poles. driveway openings. cross- visibility. and safe-sight requirements. However. tree spacing may be reduced for vehicle-intensive or other unsightly areas. Where practical. areas in front of buildings shall be enhanced with colorful plants or flower containers containing blooming annuals or perennials. S. Landscape Requirements. Foundation landscaping and trees shall be installed 'Nithin the reduced building setback areas, between the building(s) and property line(st particularly, where adjacent or 'v'isible from public and,l or priyate rights of way~ (Ord. No. 00 30, ~ 1,6 20 00; Ord. No. 02 014, ~ 1,1 16 02; Ord. No. OS 029, S 2, 8 205) (S) Flower containers. To add color and soften side>llalk paving v/ith plants, flov/er containers containing blooming ar..R-Uals or perennials shall, where practical, be planted and maintained along facades of ne'.'.' building fronting on arterial roadways; ill Trees are not required in areas where awnings or canopies encroach or protrude into the landscape strip. However. an alternative means of providing landscaping. such as foundation plantings and / or potted plants shall be required; (b) Trunks shall be a minimum of four (1) inch caliper and provided se'/en (7) feet of vertieal clearance for visibility. (c) In instances where canopies or overhangs make it infeasible to plant trees, alternative means of proyiding landscaping for the sidewalk shall be utilized. October 17. 2007 - 30 - o ~ o 0- (1) .... ...... --..I tv o o --..I \rJ ~ ~ trl ~ tr.l I~ t;] ~ 0 w ~ ...... ~ a: ~ ., tr.l .... e 'Z ~ b;8 ~ l"'t- @ ~ \rJ ., ~ ~ ~ ~ = j:l.. t::l l:I} ~ n ~ ~ = (I) \rJ 0 = ..... ;: ~ ., ~ ~ (f.l (I) en ....... ~ PJ ~ ......... ..... o' ~ ~ en ?l (I) g. ..... o ~ SITE DEVELOPMENT STANDARDS densities. intensities, and building height( s) of the subiect propertv and abutting and / or adiacent property. The requirement for perimeter landscape buffers along front and side corner property lines shall be met through the provision of a "landscape strip" along street rights-of-way pursuant to Section 3.B.2 above. b. Performance Standards. Required landscape buffers shall meet the following performance standards: lr. Screening and buffering. (] ) Appropriate screening and buffering will be required. (2) Such screenIng must shield neighboring properties from any adverse effects of the proposed development. (3) Screening and buffering is intended must also be used to shield the proposed development from the negative impacts of adjacent uses. (4) Special emphasis should be placed on screening the intrusion of automobile headlights on neighboring properties from parking areas and driveways. October 17. 2007 .32. o n g. (1) ..... ...... --..I tv o o --..I 3: c n ;s" ~/\ I \ u.> u.> ~ *::r'CIlO~ (I) 2" ~ ..... CIl..... (I) e ~<g.O"'~S' ~~. en___~ ~~'E..::j!3 ~o..~~g" C ...... en H> ~ 8."l:l ~ r.., ~ I~ cr ::to (I) ~ ~ '9 0....... ~ S ~ ~ <: ,.!.. (I) . '::+'l ......'1 (~ o "l:l '< H> "1 .....wtj) ~ 00.<:: 0.. "l:l....... f.b ..... "1 5',-... ::to ~ (I) 1J1 o ..... PJ ___ ~ o..'"1'::+'l e:.. (I)~a Cil PJ !a.~. o 0 o ~ a ..... (') ~ (I) ~ a o (I) &; ~'1 w N :~ ....... ~ o. ~ en l;j ~ ,.Q r.: ... "'l l'O e l'O 1::S ~ '" .. o ~ [IJ (') "'l .... "0 Q; Q ~ 00~0i'd o "1 (I) S l"/l ........0 ~ ~ S. ::l. (') 'g Cil l"/l ~ '"1 0.. 8. ~ ~ PJ (I) (I)....... ~ o ~ ,... 0 ., H> s. ..... ~ =" ::j l:jl Otl ~ (I) 0 0..... = ~aSg" ~ ~ ~ ~."l:l ~ ~ s ~ ~. g. ....."l:l .....8 [IJ en a a (I) (') Er < (I)..... _~ i:l ..... ::l. ~ cro..oo en (I) "1 __ . PJ 0 .., < "1 0 ..... "1 ::+l en (I) , ~ ~ en e:.. "l:l ~ en a (I) @ ""d .; ~!~ H> S' Jg' ~ (I) ....... ....... en 0 (I) cr..... ~ '-< ~ ..... ~ <: ~ s. ~ (I) ...... (I) ~~"l:l ~(I)~ ~ e.~. !a.~0tl S'~ ~ ::r' S. g ~. s:: en ~ s. ~ J"'1'" Otl (I) c:::: & ~ ::r' "tl 8. 1 Otl (I) ~ (I) r- (I) :;- w (II --- ~ !a. ..... ~ t'"'4 8. en o PJ (I) \rJ 1000I ~ trl t::l tr.l -< tr.l ~ o ~ ~ 'Z ~ \rJ ~ ~ > ~ \rJ (I) SITE DEVELOPMENT STANDARDS ill Table 4-3. Buffer (Tvpe 2). Urban Landscape Urban Landscape Buffer (Type 2)* Description: Required between residential projects with contrasting densities or between incompatible zoning districts, to provide a continuous solid, opaque, visual screen of at least six (6) feet in height comprised of trees, hedges, and shrubs, in combination with a buffer wall. ,-..-------- ! Requirements: 1. Minimum buffer width of 12 to 15 feet, depending on degree of incompatibility, mulched (no sod); , 2. One (1 ) tree spaced every 20 to 30 linear feet on center, depending on degree of incompatibility; 3. A continuous hedge of three (3) feet in height located on the outside of buffer wall; 4. A six (6)-foot tall masonry buffer wall; and 5. * See (4) Notes below for additional regulations. Mulch '\ \ ..."""--- 12' - 15' Property Line ". '-, " ',^> /~/ Y October 17, 2007 - 34 - o n ..... o 0- (1) ..., ...... ,--..I tv o o --..I V.> Vl p..~ ~ (I) (b en ....... o S ~ Z (I) S- a 0" S. (I) (I) '"1 :n g. S' S * ~ q g (') (I) fit ~ ct ~ ..... ::I. (I) S' e. ~ 0.. 0 S O' PJ a- B I:/) en p. S ..... ~ ~ g. PJ en J::: I:/) (I) - o '8;. 3: 0 '" ~ i ~ ::r .e:: 3 ./ r '" a '0 II ~ C ::I II VI ;J:>.W N *"l:l cr:>>-i;:t o~ ~ (J) fl;" ~ b ~ (I) ~ g ..... (I) ~ s 0 0 ~ (1)(1) e. (I)::t. "l:l_ __.1:/) !'-! ~Jg 'G' g.~ a 0~ g ~I:/)~~I:/)~;:t.<o ~ S s=- PJ ft (I) (I) >0 cr <:) (I)....... Otl (I) (I)....... J::: ~ ~ ~ ga. Otl F .@ .~ ~ ~e:s~~~~g.~ g.~ cr~o..~ (l)0tl ~ o (I) ~ ' "1 (I) 0.. PJ ..... ~s=- ~~2.~~~ ~(I) :::en8.~'P< "1 ~ (I) PJ 0 .....~ S PJ PJ g a ::::: ......, 0 N J::: ::I. 8::~"-"s e-"l:l oo~ ..... I:/) ~ PJ d a ....... ::r (b ::to ~ :;: I:/) 0" < S' (I) ~ o << p- 0 en ..... (I) 0.. 0.. ~ a 0.. ~ ,---- (b e.i!5PJ<<~(I) g-g "1"'ls_~o(tl ~ ~ ~ S' g (I) -g ~ ~ ~ E. ~ ..... ~ 2....0 0 0.. S Pi" S' S q (I) ~ "1 ~:-:" Otl r::t.OQJ:::(I)o.. ....... 0 ot::r'Sct.....i!5~ ~ ~(I) o"1en 0.. en ..... W cr "l:l (I) ~ (I) .~;..:.O'a(l)e~ ~ J"tl:/)o< .;:+: (I) 0' ~ ..... ~ p- (I) ~"l:l~g.~~ g, 0.. (I) J::: 0 ~ S' ~ ~-g Otl g ,<~.g ~ S cr PJ (I) 0.. "l:l (I) ::::: I:/) J::: a J::: q ....... ~ ~ (I) g. [ 0.. 0.. 9 ~ ..... s: --..... en ~ a.QJg s ~ ::r PJ~' ~ 0.. ::0 l'D ..c = .... ., l'D e l'D = ..... rI} .. - ~ 'E... S. ~ e::;r::l o..~~.g ~.9 -- ..... ~ t::. "1 ..... o (I) ;;;... ;..I. (I) ==1' "1 0.. en ~ s:! ('l) cr ;:t q Otl (j) 0.. ~~~Illencr ? In ; ~ S' ~ ::r ......, r::t. 0.. (I) 2.aggg ~ ....... e. ga. ..... en ~ en ~ ~ PJ I:/) 0 ~ 0 ~ ..... "1 .....0 o..en(l)~S r:n ;;<. 9 ct "l:l tr - S' ~ r:;. a ~ Otl ga. a.: 0" ...... ..... ~ ~ In Cli' ~ ~ " ..... ~ 0 0 J::: .... "1 "1 en ...... S' 0.. 0" (I) (') (I) J::: en o ::r "1 ..... PJ S (I) ..... ....... ~ cr ..... 0 0.. 0.. S'~"l:l S' N a g..... aO;g ..... ;5. (I) ..... g s ~ tiQ. Jg ~ "l:l t::r' 0.. <: ::I. PJ fit ..... ~. t/.:l () .... tIJ t::r' 2. 0 0 9'. III ~ "1 0 ~ 0 ::to '::t) r+ o ......, ~ 0 ~ "l:l PJ J::: "1 0 r::t. <~ 8 s=- "1 o en 0 ~ ~ (I)' en en s.. e..'"1" 0 (I) a; cr '<; :=: (') "1 J:::g,p.a(l) >-h p;Et- W g..g S' ~ ~ ~ 15 J::: (I) PJ (I) J::: en e; :::::q ~(I) ~ (I) ~ l'D rI} l') ., .... "C ~ o = d g. ~ = ~ co g. rI} l') ~ l'D = co ., ::So ~ * ttlB 3. ~ >-i ~ ....... (I) ~ , ~ \rJ ... ~ trl t::l trl -< tr.l ~ o ~ ~ tr.l 'Z ~ \rJ ~ ~ t::l > ~ \rJ c:: & ~ L"' l=j 0.. en o PJ (I) SITE DEVELOPMENT STANDARDS density. intensity. or building height: to mitigate impacts upon abutting or adiacent properties; or to further the beautification obiectives of this article. Also. buffer requirements may be decreased due to existing buffers and screening on abutting or adiacent properties. or when proiects are designed for interconnectivity. unified control. or master planned. Refer to the Use Matrix. Notes. and Restrictions (Ch. 3. Art. IV, Sec. 4) for additional landscape requirements that may apply to certain specific uses. d. Exceptions (Cross Access). Thelandscape buffer requirements may be fully or partially waived where accommodating existing or future shared vehicular use areas. driveways (access). and I or parking stalls between properties. Vehicular access points between properties shall comply with the cross-visibility and safe sight requirements of Section 3.A.14.c above where shared parking and vehicular use areas are utilized. ~ Alon2 Florida East Coast Railroad. 4,- Railroad buff-er strip landseaping. Properties adjacent to the F.E.C. Railroad right-of-way are required to have a landscape buffer strip along the right-of-way. The landscape buffer strip shall meet the following minimum requirements: ill &.- Landscaped buffer ~ shall be at least five (5) feet wide. ill lr. Living plant materials shall cover at least seventy (70%) per oent of the required landscaped area, and shall include trees, shrubs and ground cover, but not lawn gmss sod. ill €-; Small trees shall be planted no greater than fifteen (151 feet on center along the landscape buffer strip. ill fu Shrubs shall be planted to form a continuous dense screen hedge. The October 17.2007 - 36- o n S 0- (1) ..... ...... --..I tv o o --..I \rJ ~ ~ tr.l t::l trl I~ t;] ~ 0 VJ ~ --..I ~ tr.l 'Z "1 i:!'en ~ ~. ~8" \rJ ....... ~ a ~ cr ~ 8" : "1 ::r t::l e:..e:.. ~ ::r....... (I) 0- ..... (I) cg.s \rJ ..... ~ . PJ ..... a ~ S' ~ (I) 0.. ..... ..... ~ 0 (I) a s :E; ..... 0 st (I) ..... "1 SITE DEVELOPMENT STANDARDS ill Trees. (1) Trees. All new construction in the MU H District shall include provide shade trees in the streetscape. W The trees selected shall be consistent with the established theme of the street, where appropriate. The City Forester 'vvill provide consultation on appropriate speoies. W Trunks shall be a minimum four (4)-inch caliper and provide eight (8) se>.'efl R1 feet of vertical clearance for cross- visibility and safe sight requirements. fet In instances where canopies or overhangs make it infeasible to plant trees, alternative means of providing landscaping for the sidewalk shall be utilized. (d) Upon inspeetion by ~the City Forester, any trees found to be in declining condition shall be replaced within thirty (30) days. (2) Tree Spacing spacing. (a) Trees shall be regularly spaced. The spaoing of the trees shall be between 20 - 25 feet on center. f&) Spacing may be modified by factors such as the placement of utilities, by property access points, sight lines at corners or by corner conditions. fet Tree placement shall match the existing pattern, where appropriate. ftlj Tree guards, fabricated to city specifications, shall be placed adjacent to the curb, where feasible. (3) Tree irrigation. (a) Irritation s)'steHl.S shall be installed to servioe all trees and other landscape materials. (b) IrrigatioR systeel.S shall be in operable oondition at all times. (1) Side\'/alks and lighting. (0) .^JI nevI oonstl1:lctioR in the 1\ru H District shall pro'.'ide new side>.valks. (b) Sid6\valks oonstruoted along arterial roadvlS:Ys shall be a minimum of ten (10) feet .vide, measured from the rear of the ~ (0) Side'.valks and lighting shall, '.vhere praetical, be consistent with the current October 17. 2007 - 38 - SITE DEVELOPMENT STANDARDS desigR elem.eFlts ill plaee along F odoral Highmay .... . ill Flower Containers. Where practical. areas in front of buildings shall be enhanced with colorful plants or flower containers containing blooming annuals or perennials. (5) Flower eaH:tlHnefs. To add eolor and saft6B sido':lalk pa'Ting '.vita plants, flower eORtlHRefs eontaiHing blooming 8flfll:lals or pef6B.nials shall, ':.<here praetieal, bo planted Bfld mamtaiBea along faeades of Hew e1:Iilam~ B:eRtiRg OR arterial roadways iR tho 1\fU H District. d. Miscellaneous. The landscape material proposed within the right-of-way must comply with Section 3.A.ll (Within Rights-of-Way) and with cross yisibility and safe sight reauirements of Section 3.A.14 and Chapter 3. Article II. Section 6. ~~~~~E III. CEl'~TR.^~L BUSINESS DISTRICT LANDSC^.....DE CODE SeeaSB 1. Short title. ~ifJ~~ :::~:c::~~~~O.NH and may ee cited as the BoymoR Beaeh CeBtFal Bl:lr:liBess (OM. No. 00 51 ~ 2, 10 1 00) SeetioB 2. Plll'poscs. October 17, 2007 - 39- SITE DEVELOPMENT STANDARDS .1::::'- of tRio arti<le are 10 provide UftifoIBl l...asoape de..~ ~ ~:.~; =a:.'~: i:~feBt .ft tfte eenlFtll btisiBess dislfiet (CBD), ""d iBelude provisioBS f;;" ,a \ , screenmg of sen'Ice areas, and hghtrng lRstallatlOns. (Ord. No. 00 51 ~ 2, 10 1 00) SectioB. 3. DefiBitions. D;fi~tians ooaer :\rticle I, Soction 3 and .^Jtiele II, Section 3 shall apply to terms as used in this article and the follovliBg defiBitions shall also apply: Tree protection. Treatment of all mdstiag trees shall comply ','lith .wicle I, SectioFls I throl:lgh 30. (Ord. No. 00 51 ~ 2, 10 1 00) 8~~ ~ . {.~? ef tfte eoalFtll bti'";'eo, Elislriet I...aGoafle <ede. . ==0. ply eellelH'f'Oftlly ""d m di<eet rolotioB 10 Ille reqall'OIBenl' of the ==~ FeflU!ati~G of 1fie WRing e<diBtmee. Those rOglilatioB' '!!Z' ~ ~:.;;:;;;;;;:' ,armoa.B.'lienS to ",,,_g sKOS, ...d Bewly l;mdsoa!led ...eo where , reg'l:llatiaas does Bot deerease eeafOfffiaBee ';l1th parkmg regulatIOns. :;:~ilily witk .....otmg laBdsee]'iBg. IB Of<Ior 10 mainloiB ~~~::::: adj ce ~~;;, tl: eity may re~e where e:lesira1>le, that site land&Capiag be desigBed similar to ac:lja6eRt af Bear1>y property. (Ord. l'10. 00 51, ~ 2, 10 1 00) Seetioa 5. Ceffifal 1>usiBess aistrict IB:1.'ldseape plaB te 1>e submitted, re'/iaw and approval req:~. = ~ oWBiBg prOjlertr w_1fie eemral btiGiBes. dialri~~,:::~:::, :"::: : bui . g it i';;; ~~traction of B:1.'l)' 1>l:lildmg shall su1>mit a landscape plan to ;he planning direetor. Sec. :.Landseape plBfl approval. :: -~ ~Ie ./iaBily awollJngG, !lne' I. the '''''"lft.. of - ~~..:; =~ :. ~=~:::=i ~er Ille !lrtwi,iOtl' of lffi<; article ...d !be Bo~ ~~ :':'-;:i: -;;;:;;. r BlHlarmoddi<otioBS · l""els"""e pi... sft~:e ~:"~:~~::::: :::': : ~ mg ...Uevolol'meBt eoard. The IllB~~ !::,::;:::::::: ::;' ::::::.: f=~ llBd Eli,lono.., ead doliBe~~ ~~ e~iotiHg ..." p~~!,,= :== ".:' :~;;;;;:e areR!), aooos., 915105, .m.e ~~' ~ :::::": ==' ;; ~'; ;;ij 0 , si:oe aBd ae.eRt><<oa of all .- l';;~~_ ~~~~' ~: = ",,::::~f ;:'i,~~a:I:,~~;,:::~ I~~ ":l~e eYBam::".~:": ==~7~~= e=:~~li~:~:::.:::::E[~::=; ;=~a~==l:::=:::G~~ e;:;:~ !llwiBg tillIeG: :~;~~ ::;':;;;';':;i;;;;";; ~fthe City COllllJ>i..iOR fo, IllBels"""e~':::;'::. :'=:::: October 17. 2007 - 40 - SITE DEVELOPMENT STANDARDS =,1::' =.i':.~': ~r:t.:;r,-:~~~~=:: ~lBJllillBoe (Ord. No. 00 51, ~ 2, 10 ~ 00) SeetioB 7. Performance sl:lrety. :::::~=:~~~g ""1...........18 c;f:: :::= =::: :: ~ :: :::~nIiO;:~:::..~~.;:~l:::=~.~;;,=::;, ':~~ :::~E:~~:J;;:~-:~,;~":~~~~~:.:::~= SE:EE;j;_;::~:'::d~=S:::E:=.:: ~~ ::t::::= :e~rt::~. The Sl:H'ety shall: .^... Roo to tlie City COFlH'Rission; B. Be in a fOffil satisflletsry 8:Bd aeeeptahle 18 the eity maflager. d ;. . ~:~~h~: .~ :~~ ~mpletioB sf the lafldseapiBg reQtiiFemeB1s of this artiele a5 eetefBllRee a~' the SIt;- ffia:Hager. fOrd. No. 00 51, ~ 2, 1 0 ~ 00) SectioB 8. MlHn1eHaliee and irrigation. b.~~::;~:~~I~~~~::;:e~&.:;::::.~ :a~=~ ~~: =:: a:: a*:eris. ~ ~. ~:"~~::~~~::~~Iie==~::: ;:;;O";:~'~::I~:~~:B~:=~=~~J:~ =:"i~~~;;'~:::~=~~ ~~=E~=:.:~~E==: denSity. -~. ::::::. =:~~ sholl lie imgn: ~:: ::::-ae img&ti9ll W_ slif9ply sy~tem, '..vhieh shall ee maffitained iB g;~d~~ ill Fl". ~ : ::::-:: ~: 10000SOO:: =: ::: := : ::: :::C::~::~~^~~~~:H ~eea=.r:;:~== =::, :;:;:::::d =~":e :~"''':';;''':S. October 17, 2007 - 41 - SITE DEVELOPMENT STANDARDS ~~y\::~~":~J:::;,ti~::;:~::~:;::~:~ l!\flds~}~~=!; a:=~::=~; :d~:~OB(') sheR Be $2SQ ~er d~f:~~~:::::: . Persons eharged '"lIth such vlOlatlOa(s) may melude: . ~. ~=....., ageRt, l..s.e, 1_ eOBtFaeter or aBj' ather ~ernoB asiBg IRe lend, builEii g or . €IS where sueh violatioR has be0fl committed or shall exist, or 2. :\RY person who lrnEl'.vingly eommits, takes part or assists in 5tlch violation, or 3. :\ny person WHO maiRtains any la:B:d, buildiRg or premises iR whieh such violatioFl shall exist. (Ord. No. 00 51, ~ 2, 10 1 00) secg: ~. ffi C=a~busiRess district IlHldscape requffefR0fltS. feQ:::::: ~~~=,:::i:~:'a1~;": fl3 ~~~~::":: =~ ~~IB:~'" IB onlerto Itiffim:=;;;~;;:E ;: ., e qtiB'e wliore d.,,,,able llia! ~~ !~~=: Be 'jIIBlar fl3 &;;-a;~; speeies aBd the aesign existiFlg OFl aajaeeBt or aearby property. }~. Landseaped areas: 1. == '::: :.:tBg. Exeop! aIOBg IRe OIlS! ..de ofNE 6th ~tr~~~: := ~::: :: e of Cas. Lema B...le\'""" I~~ := = =~ -;;ki: ;;;~ ~Bi<od 10 Be loooled wilkiB !fte ~~ ~~ ::; :::= f g and 'lemeular l:lse areas, afl:d shall meet the fells''';'l:ftg ffi'l:ffiffil:HR requirem ents: a. LaBdseape perimeter strips shall be at least tlli'ee (3) feet ,../ide. ~. . :. ~": ~:d :eriolS sholl DOver III least sevOBty (7Q) ~~ ~~ ::;:: ::: ';:"~=":;; II BWllidolr.eo, e~",:~~:::, == ::: =~=~~~~~:~=,",-::I ~~::'..:~:~...=;:: .:; ::: =~i ~ aIBiftirBBIB oflW' oolorful shruB :.:::::t::::: row or iFl clusters beginning at the project 0fltrance or corner. . e, T~ee=-;::.;t:e rote of OBe (I) ~er thffiy (3Q) liB.... feot ~: ~:::~ stnp, afl:d ma) c 1H'i'IfElnRly spaced. Trees reqUIred may be pla:n-tee a maximum oftv/elve (12) feet frem the property line. :. ~ ;a11 be ~laBled oigftlneB (lg) iBOOeo OB eeRter ~~ tt::~ (whiehe-'I r is roo ;. s ) i~ .;rimeter ~s to fOnR eentiffiloliS screoo hedges. Hedges October 17. 2007 - 42 - SITE DEVELOPMENT STANDARDS ::::':'::' ~~;:: ~~ ~&iBltliBod at ahO;: ~:= :~::~~2 :: lhfee and Ofte half (3 1/2 )foot. Dceerative D....;;;~ . '.. t . <I :_, r _ he. . ; ~~~~:=a edges adjae6Bt to '/eftiealar use areas shall ee proteeted by upnght eHffis ef wheel steps. f. Trees and sh..'1:l13s shall not Be installed to eElafliet ,"'lith Htility eaSeH1eats. g. Lands:po striP:~ll~~~eats may 130 WlHve:d alEln~ a GOmmoB: pr:opOfty In:'ne :::~="'~':=~":.~:~=:'er~~::=='~:: - B. Pei:'m'C~:_~~ hedge reql:lffem.eBts may be wa:iv'Cd: a:long tl:h~e :!ommo: :1:::;'::==:.-.... provide .h;'.i;"'lBg p ecs,. <I JlUl>Ii- purposes. 1. Mulek other thaB Cypress shall ee l:lsed aBd maiatamea for laBdseaping ~ ~. e~~:ape S6fe6B of at least seveB. (7) feet ia ':Iiat:h shall he eomprised of the fellElv;mg elemeats: ;. .:::::=~~ I.:":~'.lljliBg. l.oB.dsrojling i. Feq~ : :: == "..lhift the interior or par~g areas, and shall meet the follo':/iag ;.~; r q . r : ~_ .:.:::::: =~:::- BhftII ::;::::\:-:~:::=.::..~ :~::!l~:;::::1Rg spaee BOt aButt ~ , ~ ~=.:::::.:-:: ~;A~.r landoeap~= ~ ::::: :: (~ ~~E;::~~::.:,,:; =Ze~:i:~:::=::7': ~~~:; b. At least one (I) tree sha,1113e installed for every 10 parkiag spaces. ~ : =::~~:~ ~~ gl'ElHBd eElver where the iadi','icmal laBdsca13ed ar~a is at least n'/o 11l:1flWed (200) squaro feot. . ~ ;~:p~: ~ea edges aajae6Bt to vehicular use areas shall he 13roteeted hy upnght earBS or '.';heel steps. i ':.:..~ = ~ l~dS""l'iDg. P"'~ ~-: u:.:;: :'~':.;' RaiIrood right Elf '.vay are reql:lired tEl have a laBdsea13e e~ff;. e' f :. y. The laBdscape hl:lffer stFifl shall meet the follo':lfag mimmHiB reql:lirem.eats: October 17, 2007 - 43 - SITE DEVELOPMENT STANDARDS a. LaB:dseaped buffer strips sfiall be at least fi'.'e (5) feet wide. :. ~m;:lant Blnlorials sliell e,'1er .t 10ll5l se"eBty (70) per.~t ~~:::: rcq1'lired I dse :, ;ci ~hall iRcl.ude trees, shrubs and ground ooyer, but not lawn gms&-; c. Small trees shall be plantea ao greater than fifteen (15) feet OR ceRter along the buffer strip. d. Shrubs shall be plaB:ted to f{)Tfl'l a 00lrtmuOUS aense se-reeR hedge. The shrubs shall be maiBtamed to gre'll te their full natural height. e. Shade trees shall be plaBted 1'10 closer than tv/emty (20) feet to the railroad right of '.vay. ~. .==e:. P:kiB15 are. eBtmBocs ""d podcslri... B~~~~ ~ =::.: ~:p 1 ,Bl oftDtdorolton Bl .eeor....~ ~.~ ~': :~ :=:s; ~::~ ::.= ~~::s L""d'OllJliBg at prejcet eBlr~~~ "'::~: =;;:;:b';;~B:.5ti:.':.t~:~a~' Bloy Be "':~~..::.~ = r~:::~~:fficieRt spa.. I, a"wlaBI:: :~:~;:.:;:= ::x .:: =::~= all plaBlud to preserve tbti oI~~:~~~ ~. :.:::= . :, ~he ~;qairea Rl:lffi-Ber of perimeter trees. :\11 trees must be staflliafas and have a miffimum clear trunk of six f-eet. p\aBln ~~ =-~;..::;::-...: ~S:=B.~ renft""eed wllll e~I~~~~:f;:: =E::;:~~~~:~:==~f:"';;:':;:~~:~ =.:=:;;;-j;'~":OB_eRt signs ~~~~~;:;: s t t SlgRS shall also lRcll:lde a mlRlmum of ORe EH Stgftatefe tree. 7. Decorati'.'e se-reen 'Nalls: a. \'VaU cORstructiElR shall be surfaoe textured eonerete or masoIhy', with architeemral eBhaneemeBts sueh as oolumRs, seoriRg, etc. b. Screen walls adjaeeBt to streets and alleys shall Hot exoeed three (3) feet in height, unless they are sef'eoo.iRg sef\'ioe and ~ster areas. ~. ;:"~~eOpen walls. The provisions ef !ft., s.elio~ ~ ~ t:':;: :"~-=;;'~,:;o;;;1 ~::;:=~'r~ rear ~eY:~,;~.:;~::,,:: ===::~~~::s) wkere::~~E;S ~1B::;'=1f.: -==.~; ~-:. s 25 ~ foe!, or ,.here ~~~r~ ~:: ~"::::"~~;; ftelles'\1illB ::7s;-::~:::= :::=~::U~ October 17. 2007 - 44 - SITE DEVELOPMENT STANDARDS :::::" ">>;:O":td==:"'af~o~~ep~=::..ce::i~t::.:i== ~~~;~~;::aOOum:~:~:~~:~= :::::=~~:.~I :g;~i:;-a:;ht:::::::;;;~:::~':::: 2~E:~;E~~~~=::=E~:;=~ ;0::: ';=~~~ p:;:, P._tis, Ademdi':F:::;, ::7.;: 9. SeF\1ee areas rmd dl:tlTlpsters: ~ Dl:lffijlstefs shall be plaeed OH a eaRerete pad, of at least OBe hl:J:fl6red (100) square feet. E ~ == ~~~~ ~d d1:HBf3stefs shall ee sere6Bed from ~1ew hy walls at least si* (6) feet high, IWl<lseapeJ with sh..-u-bs and/or viBes. * 10. ParkiR-g area IightiRg. Parking area lighting l:J:flits shall ee mstalled and shall a. Desigaed to provide at least an aT/emge of ORe (I) f-ooteBfidle at grol:1Bd le';el. b. Located to Bot r-eflect directly OBtO adjaeeBt property. d. Eiiergy efficieBt, mgh pr-eSSl:lre sediam. 11. PedestriBfi lightiRg. Pedestrianlightia-g lIDits shall he iBstalled Bfid shall he: ltweh a. Desigaed to provide at least an a';emge of three f{I:lartefS footcBfldle at gf6l:Hid e. Located to Bot reflect aireetly oBte adjaceBt property. c. lBdicated on the landscape plaB., and speeified on the ara-v/ings. d. Energy efficient, metal halide. ~. =-:::: ~~~. Pedeslfi... w~= ~;: ~-::::::' BB<l sholl be ;" aceomaB.ee WIth the IBteBt of the eeBtFall:nisIBess t es. ; :;,.::: ~~. :::.~~~~ =:;' =.e'*:... -:"'1' ~'::=:';:"~'~~'b:"~,;=., d _' . ~I be mewatod Sf} tho la.n<iBeape plaB. and he i e I. October 17, 2007 - 45- SITE DEVELOPMENT STANDARDS 11. Cl:lfbs, 'Nheel stops afld stall markiag. Cl:lfbs, wheel stops afld stall marking shall be iRdieated OR the landscape plan and be specified OR Elrawings, ~. ~r=.:et] a drivowllY iBt""eols a ""alie right of way, ~ ":~ ~:: ~~ ="':e I n aflwo (2) puehe fightS of~:'''Y.' ~:=:;::::,:: :;= :::"': ~:. :':::. ~;::: allow era" visillilily _roB th<eo _~) ~ = :.:~~l be e a 'o' 1. Fe s . be permitted provIded they do not ereate a traft:ie har:8:fa and are trimmed to allovl the required visibility. :. -r:~:e:ar area' of propOl'iy en aol!l ..d.. of a anvewllY fo~~:' ~ intersecti R '.vit i~ ri;;~f via)' for fifteen (15) feet in loogth ahmg the right of way and five (5) feet in width. :. ~ ~ar area .f property ablltliBg the inlerneetien of twe (~~~,~~ rights of ;ay, ,.,' :.~ (2)--;ides abtlrtiRg the rights of way eaeh beffig tweflty (20) feet. c. Slrnibs and groUfld cover iRlafla soaped parkiag areas shall be maintained so as to be RO higher thafl three (3) feet within five (5) feet of a enve'l;ay. . : :~~~:=. z",aterielSskallaeFloridaNc. I :'~~_~=:: :::: =: "~:" d fur Nm,af)' Planl5," EWe .fFl~ ~:;met]1 of . u , B h~li ~; the following miRiml:lID reEtuiremms wheR iastalled: 1. Shade trees: :. ~ sbtillae at least twolve (12) feel ffigh, willl . .(Wet] fo~:~ ~ lh;ee iRe eel' u , ;;;;;;:.;;; me...,..,..,a Sill (6) iBea.. abeve gFude, and have six (6) f~et of clear ':;ood. _ :. =0 trees 10 lBeellhe __ rCEjuifemenI!J for parlfing ~ ~~:e ~eleeted om t ~;(}-:;~ ~eeies list in the eefttral business Gistrie-t desigB guidolines. c. Shade trees shall be installed to meet the fDllOY/ing minimlHll requirefBoots: (1) Shall be plaBted ia area with at least a three foot y;ide miRi-mum mmoosion. (2) Shall be protected by aR uprigftt <:mrb or wheel stop if within tlrree (3) feet of a '/ehieular slirface. (3) Cooter of tree trunk shall be in liRe with the emer ofliRe doootiRg edge of parking spooe if within three (3) feet of a parkffig space. ~. =..=. A sigH_tree is a tree with blo..e~ ~ ~:':'.::~..;:= ~::;-:~=..:: ;:;'~~i=:C~:; e~~~::vei~::'~~:: Graflulosa, and Bougainyillea. October 17. 2007 - 46 - SITE DEVELOPMENT STANDARDS b.uror,3~~~~~. ~l ~:~: =t::alBa"::~":=,"':u~ ~.~= =:t ~e ;o~o=~ =~ies: '.Vax Myrtle Myriea oerifera Sea Grape Coceeloba l:l':ifera Bottle Bmsh CallistemoIl rigidus 4. S1:rrubs: ~ ::: =1 ~~ ":.::~ lbnc (3) gol]o.:::;:, ::: ::24) inehe, high, ,...ith an eighteen (I 8) iBeh spread, plan~;d: ~;;;, . eo. Railroad ::ff:.m;;;:.~~:':': ~:::':IIm: ::::=~::~::f;:)"7:~'; &~i=::!1D:~;; ~road ~ p~ ;:~::: :~:= :e:::iI:;::::o adequately eO'ler the 13 e 0 t s J apaBOSC Privet Ligustrum japoaie-mn SaBdankv/a VibuFHl:1fl1 Vibl:lffil:HB SllspeBs:am Coso PIl:HB Chrysobalanl:ls spcsics thaB fi~'~ (5r~=~~~:;:alI be at least two (2) feet high, and shall he planted Bot more ~ (>, ::.; ::';':. ~~d oeVor shnll be a:, =: ':;' = =:::::;tli . twelve msh spread, ...d shnll be ~laBled BOt;;':";;';;; ., _ 1 i h '. t . : ~. La'.vfl grass. La'NIl grass shall eo St. j\ugustiBe tarf grass, aBd OB.ly sod shall be planted. ; ~. ~:::::::s. ~~~IBi.nim_roqui==="'lBetBSiBglhe :eqairoo ~"'""S, ather ~~ JBa~ he p1...ted a, ~; __'. 9. PFOhibitoa speeies. The following species shall not ee planted: .^~1:lstFaliB:fl Pme CasR"l:lrina eql:lisetifolill Brazilian Pepper SekiIl1:lS tereeiBthifolius Cajepl:lt Melalel:lca Melal0l:lea leacaaeBdra October 17, 2007 - 47- SITE DEVELOPMENT STANDARDS Pichl:1s Pieh1:Is species 10. Native '.'egetation. "^~t least niBety (90) per cent of shade CI:fld small tree speeles installed shall be native vegetation. ~l. ~:ew:. and groUBd OO'(Of olhcr thllB liviBg "lllBl;ftgs. Pl...aBg bedo an~ ~ shall b mul : d:~l::f at least two (2) inches. Muleh other thaR Cypress shall be used and maintaiRed for lCl:fldscapiBg parposes. ~. ~e arc"" (relOBtiOB pend, oxoltidiag o;ty ",,""'led) iB exec.. of ofte~: ~~ :: :::.:; ,i~ : :;.,.too babilot 1ft"" previtlcs !he optimal ~~~: :: ::::: e . a 0 oVlded for ne\',' CORstruetIOn or major modificatIOns efe~HstH'l:g projects shall be plaBted as fellows: a. To oceupy a minimum of 50% oflake perimeter with littoral pla:H:tiRgs; b. To cORsist of a miBimum of 1 0 square feet oflittoral sflelfper liRear foot of ~ , c. To consist of a minimum of 1 native tree per 50 feet oflinear lake froRtage; and : ..: ~OB !!l5talled eontigueu' Ie eocR o!hor, lBiB_ 3: ~ ~ :~~' 100% app op . . ;;~;;;~n, installed with proper spaeiRg aBd for full coverage of littoral shelf areas. ~= :: == ~gs c.lablishetl eaRS!,t""" wi!h these stan~~~~ ~: mai: I 0 \ a maBfrgeR'leflt plan appro' led by the CIty at the tIme af Site plan approval or perR'litting. (Ord. No. 97 26, ~1, 7 1 97; Ord. No. 00 51, ~ 2, 10 1 00) Section 10. Reserved. C. Suburban Landscape Code 1. General. !.: Applicability. The "suburban landscape code" shall apply to all properties that have a conventional or planned residential. commercial. industrial. or miscellaneous zoning district. and including the Suburban Mixed-Use (SMU) district, all of which are identified in Chapter 3. Article III of these regulations. October 17. 2007 - 48 - SITE DEVELOPMENT STANDARDS b. General Rules. All areas used for the outdoor display and I or parking of vehicles. boats. construction equipment. or the like shall conform to the minimum landscaping requirements as provided herein. This includes vehicle-intensive uses. such as auto dealers and automotive repair. 2. Landscape Strip Abuttin2 Ri2hts-of-Way.A landscape strip (i.e. planted area) shall be required within the front and side comer yards of a property where it abuts a road right-of-way. in order to beautify the corridor and screen off-street parking lots and other vehicular use areas. The strip shall be removed of all construction debris and backfilled with clean fill to a depth of one (1) foot. The requirements for this strip vary. depending up()nthea~utting roadway classification and the location of off-street parking lots or vehicular use areas. However. in no case shall vehicles be allowed to protrude into or over the strip (see Chapter 4. Article VI. Section 2.1). ,.. I w 1 October 17, 2007 - 49- SITE DEVELOPMENT STANDARDS It is the intent of these regulations that this strip of land be entirely planted and designed with two (2) layers of plant material. namely an inside and outside portion. and in accordance with one (1) or more of the following requirements: !:. Parkin2 / Vehicular Use Areas Abuttin2 Arterial or Collector Roadwavs. This landscape strip shall be at least 10 feet in width or wider as necessary to provide adequate screening. ( I ) The inside portion of the landscape strip shall include a berm. designed at a slope ofthre~toone (3:1). and a continuous hedge. The berm and hedge shall total a minimum of 36 inches in height at the time of planting. but in no instance shall the hedge material be installed at less than 18 inches in height. One (1) tree shall be planted at a maximum spacing of 30 feet apart. Tree spacing may be reduced for vehicle-intensive or other unsightly areas; (2) The remaining outside portion of a landscape strip shall consist of a minimum of three (3) shrub species. two (2) of which shall be flowering species. planted in continuous rows or clusters. Plant selection and planting patterns that optimize the display of plant texture and color are encouraged: and (3) Visibility and clear sight at the vehicular access points along the abutting right-of-way shall comply with Section 3.A.14.b above. b. Parkin2/ Vehicular Use Areas Abuttin2 Streets other than Arterial or Collector Roadwavs. The landscape striP. intended to screen off-street parking lots and other vehicular use areas located within front and side corner yards. shall be at least seven (7) feet in width and designed as follows: October 17. 2007 - 50- SITE DEVELOPMENT STANDARDS (1 ) The inside portion shall consist of a continuous hedge. installed at a minimum of 24 inches in height above finished grade and one (1) tree spaced a maximum of 30 feet apart. A berm is optional. Tree spacing may be reduced for vehicle-intensive or other unsightly areas: (2) The remaining outside portion shall consist of a minimum of three (3) shrub species. two (2) of which shall be flowering species. planted in continuous rows or clusters. Plant selection and planting patterns that optimize the display of plant texture and color are encouraged: and (3) Visibility and clear sight at the access points along the abutting right-of-way shall comply with Section 3.A.14.b above. !:: Buildines or Structures Ahuttine Roadwavs. A landscape strip of varying width shall be required where building( s), pedestrian areas. and / or sidewalks (along front or side comer property lines) abut any classification of roadway. This necessary planting strip shall consist of trees. spaced a maximum of 30 feet apart. and shrubs and colorful ground cover installed at the base. The "inside" and "outside" portions of the landscape strip as described in Section 3.C.2.a or Section 3.C.2.b are not required under these circumstances. However. landscape material and planting patterns shall be consistent with the landscape strip required as noted in the sections above and also with foundation planting requirements of Section 4.F Landscape materiaL except low growing shrubs. shall be located at least three (3) feet from the edge of a sidewalk. D. Reql:lired lafldscaping adjacOO:t to public rights of way. On. the side of a bl:lilding or opoo lot l:lse providiHg af1 off street parking area or other vehioolar l:1se area, v;here such area will Rot be entirely sereoo.ed visually by an intervening bOOding or structure from any abetting right of way, exoludiHg dedieated alleys to the rear of bl:1ilding, there shall be pro'lided a strip ofland at least seven October 17, 2007 - 51 - SITE DEVELOPMENT STANDARDS (7) feet in v:idth between such area and such right of way. This strip ofland shall be comprised ofthe following elements: The first outside layer shall be a combination of colorful groundco'.'er plants (aIlIl-uals may be suppl0fFlental to other groundco'/er plants but not be a substitute) and a minimum of two colorful sh.-ub species planted in a contiBuous rO'N or in clusters spaecd no greater than 20 feet apart beginning at the project entrance or corner (indi'lidual clusters being a minimum of five (5) feet ',vide; excluding properties zoned M I that front on local streets). For sides of property with linear distances less than -10 feet, the first layer of plants shall only be required at project corners. The next layer shall consist of a continuous hedge or decorative site wall and one (1 ) tree spaoed a maximum of 30 feet apart (spacing may decrease to a maximum of 10 feet for U:T:lsightly, vehicle intensive, or other uses requiring greater buffering as reoommended by the Director). (2) Tree spaeing. (a) Trees along all street rights of way are required and shall be regularly spaoed. The spacing of the trees shall be a minimum of thirty (30) feet on center for trees meetmg only the miniml:lffi caliper requirement. The City Forester shall appro'lc any increase in spaeing for trees exceeding the minimum caliper. (b) Spacing may be modified to allow for the creation of vistas, where appropriate, or by factors such as the placement of utilities, by property access points, sight !iRes at corners or by corner cORditions. ( c) Tree placement shall match the existing pattern, v/here appropriate. 3. Perimeter Landscape Buffers. .!.:. General. Perimeter landscape buffers. where required. shall be provided along side interior and rear property lines. The type oflandscape buffer required may vary upon the zoning districts, uses. densities. intensities. and building height( s) of the subiect property and abutting and / or adiacent property. The requirement for perimeter landscape October 17. 2007 - 52 - SITE DEVELOPMENT STANDARDS buffers along front and side comer property lines shall be met through the provision of a "landscape strip" along street rights-of-way pursuant to Section 3.C.2 above. b. Standards. Perimeter landscape buffers shall be applied and designed as follows: ill Table 4-5. Buffer (Type 1 ). Suburban Landscape Description: Required between compatible uses and similar zoning districts, such as a commercial use abutting a commercial zoning district, to provide a visual screen of at least three (3 feet in hei t com rised of trees, and shrubs. Requirements: 1. Minimum buffer width offive (5) feet; 2. One (1) tree spaced every 30 linear feet on center; 3. Shrubs planted tip-to-tip to provide a continuous hedge three (3) feet in height; and 4. * See (5) Notes below for additional regulations. <' "- s' ~~ \,\ '- Property Line Mulch \ \\ October 17, 2007 - 53 - SITE DEVELOPMENT STANDARDS ill Table 4-6. Buffer (Type 2). Suburban Landscape Suburban Landscape Buffer (Type 2)* Description: Required between incompatible uses and zoning districts, such as a commercial or industrial use abutting a residential zoning district, to provide a continuous solid, opaque, visual screen of at least six (6) feet in height comprised of trees, f--- hedges, and shrubs, in combination with a buffer wall. -------..------"< Requirements: 1. Minimum buffer width of 12 to 15 feet, depending on degree of incompatibility, mulched (no sod); 2. One (1) tree spaced every 20 to 30 linear feet on center, depending on degree of incompatibility; 3. A continuous hedge of three (3) feet in height located on the outside of buffer wall; 4. A six (6)-foot tall masonry buffer wall; and 5. * See (5) Notes below for additional regulations. Mulch -, \ \ \ \ " .", "', "- Property Une 12' - 15' ~ ~~ October 17. 2007 - 54 - SITE DEVELOPMENT STANDARDS ill Table 4-7. Buffer (Type 3). Suburban Landscape Suburban Landscape Buffer (Type 3)* Description: Required around perimeter property lines of a planned commercial development (PCD) when abutting a single-family residential zoning district; and required for Suburban Mixed Use (SMU) and Planned Industrial Development (PID) zoning districts, to provide a continuous solid, opaque, visual screen of at least six (6) feet in height comprised of trees, hedges, and shrubs in combination with a buffer wall. Requirements: 1. Minimum buffer width of 25 to 40 feet, depending on degree of incompatibility, mulched (no sod); 2. One (1) tree spaced every 20 linear feet on center; 3. A continuous hedge of three (3) feet in height on outside of buffer wall; 4. A six (6)- foot tall masonry buffer wall (optional for PID); and 5. * See (5) Notes below for additional regulations. \ .. '- Property lme October 17, 2007 - 55 - SITE DEVELOPMENT STANDARDS ill Table 4-8. Barrier Suburban Landscape Suburban Landscape Barrier* Description: Required between incompatible uses and zoning districts; or where there are differences in density, intensity, or building heights; or for those certain uses requiring additional screening in order to provide a continuous solid, opaque, visual screen of at least six (6) feet in height comprised of a variety of densely planted trees, hedges and shrubs, in combination with an optional buffer wall and / or berm. -- Requirements: 1. Minimum buffer width varies, depending on degree of incompatibility and necessary planting area, mulched (no sod); 2. One (1) tree spaced every 20 linear feet or less, with staggered understory trees between, as needed to provide opaque screening; 3. Two (2) staggered rows of shrubs as needed to provide opaque screening; 4. An optional six (6)- foot tall masonry (concrete block) buffer wall and / or a berm (earthen embankment) with a minimum 3: 1 slope may be used with plantings to achieve the necessary screening height; and 5. * See (5) Notes below for additional regulations. Berm """\ (optional) \ Mulch \ \-- Property Une ill Notes. * Minimum buffer and barrier requirements, including caliper of trees. may be increased as warranted by development characteristics such as use. October 17, 2007 - 56- SITE DEVELOPMENT STANDARDS density, intensity, or building height: to mitigate impacts upon abutting or adiacent properties: or to further the beautification obiectives of this article. Also, buffer requirements may be decreased due to existing buffers and screening on abutting or adiacent properties, or when proiects are designed for interconnectivity, unified control. or master planned. Refer to the Use Matrix, Notes, and Restrictions (Ch. 3, Art. IV, Sec. 4) for additional landscape requirements that may apply to certain specific uses. ~ Exceptions (Cross Access). Thelandscape buffer requirements may be fully or partially waived where accommodating existing or future shared vehicular use areas. driveways (access), and / or parking stalls between properties. d. Alon2 Florida East Coast Railroad. 4:- Railroad buffer strip landseapiag. Properties adjacent to the F.E.C. Railroad right-of-way are required to have a landscape buffer ~ along the right-of-way. The landscape buffer ~ shall meet the following minimum requirements: ill it Landscaped buffer stfips shall be at least five (5) feet wide. ill IT. Living plant materials shall cover at least sevem)' (70.%) per een{ of the required landscaped area, and shall include trees, shrubs and ground cover, but not lawB gF8:SS sod. ill ~ Small trees shall be planted no greater than fifte6B (151 feet on center along the landscape buffer ~. ill th Shrubs shall be planted to form a continuous dense screen hedge. The shrubs shall be maintained to grow to their full natural height. October 17, 2007 ill &.- Shade trees shall be planted no closer than tWeBty (201 feet to the railroad - 57 - SITE DEVELOPMENT STANDARDS right-of-way or as otherwise required by the authority having iurisdiction over the railroad right-of-way. e. Miscellaneous. No vehicles may encroach or protrude into the required landscape buffer (see Chapter 4, Article VI, Section 2.n. Section 3. Buffer areas (screening). Subdivisions and other d'.velling type proj ects shall be buffered to separate residential developments from commercial and industrial de'lelopments '.vith a six foot high masonry wall or landscaped chain link fence, or some other equivalent buffer v.hich shall also be at least six (6) f-e€lt in height, except where such de':eloflHlents are seflarated by a golf course or other equivalent barrier. Residential developments shall also be buffered and protected from adjacent cxpress\Ya)'s, arterials and railroad rights of '.vay vlith a five foot limited acoess easement, which shall be shown afld designated on the plat, exoept v:here access is provided by means of a marginal access road or where such expressv:ay, arterial or railroad right of way abuts a golf com-seT :\s an alternative, a six foot high decorative masom-y wall or landscaped chain link fenee or other equivalent buffer, v:hich shall be at least six (6) feet high, may be provided in a limited acooss easement that is five (5) f-eet wide. F or other types of screening requirements, refer to the specifics for the zoning distriot v:hicl:1 the site is located in as noted in Chapter 2, ZONING. E. Buffer requirements. On the site of a building or structure or open lot use providing an off street parkiBg area or other vehicular use area, such area shall be pro':ided with a landseaped barrier, preferably a hedge not less than four (1) feet nor greater than six (6) feet in height to form n contiBuous screen between the off street parking area or other vehicular use area aRd sucl:1 abutting property. Sucl:1landseape buffer shall be 2 1/2 feet deep and located bet'.veen the common lot line and the off street parking area or other vehieular use area except '.vhere an industrial or eommeroiul zoning district abuts a residential zoning district, this pluntiHg strip shall not be less than 5 feet in depth between commercial and residential zoning districts October 17, 2007 - 58 - SITE DEVELOPMENT STANDARDS and 15 feet ia def3th betweoo industriaJ and resideB.tial zomng districts, and iRelude a miaiml:HR of oae tree plantea for every 30 linear feet of property. 'Nhere the heage and tree requirem.OB.ts are met OH oae property, ORly the greeB. spaee '.vidth shall be required f{)f the abutting property. The pro'.lsions of this sueSectiOR shall not be applicable '.vhea a property liae abuts a. dedicated alley. f. Peripheral greooaelt. The projeet area shall be enclosed on all sides with the exceptioa of acc6ssways for tra-ffic and freight by a landscaped greeB.belt area v;ith a minimum ':;idth often (10) feet exeopt v/h6B sl:leh property abuts a resid6Btial district such greeflbelt shaH have a minim.1ffil width of t,,;eBty fi'le (25) feet. 17. Peripheral greeBbelt. The project area shall be enelosed on all sides with the exeeptioa of aceessways f-or traffie and freight by a laadscaped urea ':lith a miaimlilll width oftweBty five (25) feet except \'/chef!. ffi:leh property abuts a rosideBtial aistriot such greeBbelt shan haole a miniffi-l:lHl width of forty (10) feet. It shall be the responsibility of the ovmer or developer to eaITY aut this reql:lirem.ent, and to provide Sl:lOO maiH:tenaBee or gua:Fa:fttee of maintef!.anee, sl:lbject to plamliag and develofll'H6Bt ~ (6) Perimeter buffer. (8:) }.. miRimUffi perimeter bl:lffer twooty five (25) feet in width shall be pFOviaed sUfFOUBding the project. lVI buffers abtltting the right ef '.vay of arterial, :roadways shall incll:lde a landseaped Bem1. 4. Interior Open Space. B. Open spaco: Adequate landscaped open space shall be provided to meet '.vhiOO meets the particular needs and demands of the proposed each development. The type and distribution of all open space shall be determined by the character, intensity and anticipated residential or user composition of the corresponding proposed development. October 17, 2007 !: Multi-family and Planned Developments. Landscaped open space shall be provided to - 59- SITE DEVELOPMENT STANDARDS meet the particular needs of the subiect development. The provision and design of such open space shall be a factor of proiect size, density, and anticipated user composition of the development. It is the intent of this subparagraph to require pervious space within common areas that enhances development with a combination of passive or open play areas, and areas with cooler micro-climates created by extensive tree canopies, cool ground surfaces, and proper building massing and orientation for air flow. In addition to the landscaping required by other sections of this article, the following requirements specifically apply to multi-family developments, town homes and planned developments, such as within a PUD or SMU district: ill The proiect shall include one (1) tree for every 1.400 square feet (or fraction thereof) of developed areas as represented by principal and accessory buildings. Trees required along street frontages shall not count toward this requirement. However, credit shall be given toward this requirement for those trees that are preserved on-site and deemed healthy by staff or a certified arborist. The use of canopy trees should be emphasized in order to maximize shading; ill Except for recreational settings for open-play and areas used principally for drainage and storm water management purposes, the use of sod should be replaced with fully planted areas, and mulch or alternative natural covers such as pine needles from the concentration of slash pine trees or comparable species. Hard surfaces used in these areas should be avoided, except for the minimal use of pavers or other pervious, or partially-pervious materials; and ill Larger open areas should be located central within the proiect, to minimize distance to all units. The open areas can be designed in coniunction with active play areas such as swimming pools and hard court game areas; however, such impervious October 17, 2007 - 60 - SITE DEVELOPMENT STANDARDS areas shall not count towards this requirement for interior open space. K. GeBeral landscapiRg for ell:lster and multifamily housiHg developments. In additioH to the landseapiHg req1:Iired by other seetions of this code, the following nl:lmser of trees are required f-or opea eOfBmon areas. 1. .\ miHimum of oae tree for eaeh one thoasBfld fl.'/e lRtndred (1,500) sqaare feet (or fraetioR thereof) of de'/eloped area. Trees that are preserved OR site in opeH common area shall reeei'/e eredit aglHast the larldscape area requirements. It is the iH:ten:t of this section to create a park like envirollffi6B.t. This section is iaeladed in ofder to Ci'eate pri':aey, shaded aTellS and an aesthetically pleasing 6B.VlFOllB'leH:t, and in determiRing the validity of any site plaB in accor-dance with Section 6, the planniRg and de>/elopmeflt board shall take these faetors into considefation. b. SMU Suburban Mixed Use District. See usable open space requirements of the Suburban Mixed Use (SMU) district in Chapter 4, Article ill, Section 5.G.1. f: PID Planned Industrial District. Each development shall contain a minimum of 20% unobstructed, non-vehicular open space. Areas designed to meet this reauirement shall have adequate grading and drainage, and shall be continuously maintained in a dust-free condition by suitable landscaping with trees and shrubs. Preserved or re-established natural landscaped areas or habitats within a pm may count towards this open space requirement without having to meet the requirements regarding grading, drainage, and dust- free condition. 13. Open space. Eash plot to be dl'J'/6Iof'led shall contain a mmimum of tv/6B.ty per ceat (20%) unobstructed, Hon_vehieular Op6B space. }..ll open portioas of aBY lot shall ha'le adequate gradffig and drainage, and shaH be eoH:tiooously maintainea in a dust free eondition by sl:litable laBdseapiBg .....ith trees, sfh-ubs or planted grol:lRd cover. The desiga of October 17, 2007 - 61 - SITE DEVELOPMENT STANDARDS such landscaping ood the measures taken to insure its maintenance shall be subject to the approval of the planning and developmoot board. ib- S!\4U district. 6. Landscaping. The landscaping requirements for the SMU District are supplementary to those requirements sct f-orth in Chapter 21 of the Boynton Beach Land Development Code. (a) All new oonstruction in the SJ\4U Distric-t shall proyide shade trees in the streetscape. (b) The trees selected shall be eORsistent with the established thern.e of the street, 'lIhere appropriate. The City Forester 'lIill pro';ide consultation on appropriate species. ( c) Trunks shall be a minimum four ( 1) inch caliper measu-re at DBH. In addition, there shall be no branches belo'N four (1) feet f{)r visibility. (d) In instances where canopies of overhangs make it infeasible to plant trees, alternative means of providing landscaping for the sidewalk shall be utilized. (6) Small flowering trees shall be planted under o';erhead utility liRes. (f) Upon inspec-tion by the City Forester, any trees fouHd to be in declining cORdition shall be replaced withiR thirty (30) days. (3) Tree irrigation. (n) Lo':.. 'Iolume design irrigation systems shall be mstaUed to service all trees with bubblers and other landscape materials '.'lith sub irrigation design. (b) Irrigation s)'stern.s shall be in operable condition at all times. (5) Flo'l/er containers. (a) To add color and soften iRtemal sidewalk pa';ing '.'lith October] 7, 2007 - 62 - SITE DEVELOPMENT STANDARDS plants, flower oontainers coBtaiHing blooming 8:lml:lals or perennials aro enoouraged to be planted and maintained along facades of aU oentral mixed use areas in the SMU Distriet. D. Landscape Standards for Specific Uses 1. Exterior (Outdoor) Stora2e. Outdoor storage areas, including where boat repair is allowed, shall be entirely screened from public and private rights-of-way and adiacent properties bva landscape "barrier". Landscape barrier requirements include a landscape strip containing a six (6)- foot tall buffer wall, trees of varying heights, and shru?~plallt~ tip-t~-tip'_1'h~_~ll!f~ wa!l iSIl()!_~eauired where the subi ect property abuts the Light Industrial (M -1 ) zoning district. A taller wall (up to eight (8) feet in height) and a berm may be recommended in order to achieve the desired screening effect. Less planting reauirements may be allowed deoending on the lack of visibility, or based on the adiacent uses and / or zoning districts. See additional regulations regarding the exterior storage of merchandise in Supplemental Zoning Regulations pursuant to Chapter 3. Article V. Section 11. 2. Wireless Communication Facilities (WCF) At minimum, a WCF shall require an Urban Landscape Buffer (Type 1) or Suburban Landscape Buffer (Tvpe 1). whichever is applicable. 3. Group B Satellite Dish Antennae. All Group B Satellite Dish Antennae shall be screened on three (3) sides with landscape materials. If a buffer wall is used for screening purposes, shrubs or other species shall be planted along the base of the wall for visual enhancement. f. Buffers. I) .^~ ten foot v/ide landscape bl:lffer shaH be located along the street frontage. This bl:lffer shall contain oae (1) tree ten (10) to fifteen (15) f-eet in height ':Iith a miniml:lffi three iaoo caliper eyer)' forty (10) f-eet, a oOntiBUOUS hedge twenty fol:lr (21) inehes high, tweet)' four (21) inehes on C6Bter at time of planting with flowering grounacover. (2) Interior property lines. (a) }.. ten foot wide landscaped euff-er shaH be looated on all interior property lines. \llh6B the buffer s~arates the property from a October 17, 2007 - 63 - October 17. 2007 SITE DEVELOPMENT STANDARDS residentially zoned property, the buffer shall contain a six {2l foot concrete wall landsoaped on the exterior side by Q continuous hedge no less than thirty six (36) inches high and planted tVienty four (21) inches on center at time of planting; trees ten (10) to fifteen (15) feet in height with three inoh caliper every forty (10) feet; and groundcover. \Vhen the buffer separates the property from other commercial property, the buffer shall not be required to contain a concrete wall. Landscaping shall be continuously maintained. 1. The wall shall be kept in good repair and appearance at all times. 2. Openings with gates may be allowed v..here deemed appropriate by the City Commission. b. Buffers. Except for permitted drivev;ay openiRgs, i1 fiye (5) foot wide lURdscaped buffer shall be located around that portion of the parcel of which the gasoline dispensing establishment is located. Wl1en the buffer separates the portioa of the property on which the gasoline dispensing establishment is located from a residentially zoned property, the buffer shall oontain a six (6) foot high concrete wall landscaped on the exterior side by a oontinuous hedge no less than thirty six (36) inches high and plan-ted twenty four (21) inches on center at the time of planting; trees ten (10) to fifteeR (15) feet in height with three inch caliper every forty (10) feet; and grmmdoover. '.Vhen the buffer separates the portion of the property on '.vhich the gasoliRe dispensing establishment is located from other eommercial property, the buffer shall not be required to contain a concrete wall. Landscaping shall be continuously maiHtained. (1) The Viall shall be kept in good repair and appearance at all times. (2) Openings with gates may be allowed v.rhere deemed appropriate by the City Commission. Section 5. Alternate Compliance. A. General. Unique conditions associated with individual sites may justify the review and approval of alternative landscape designs that do not specifically comply with the landscaping requirements of this article. A different design proposal may offer superior results or maximum achievement of the City's objectives - 64 - SITE DEVELOPMENT STANDARDS which can only be accommodated through the provisions and requirements of this section. This section allows alternate landscape designs that may deviate from the standards of this article that regard, but are not limited to, plant species and spacing, and the locations and widths oflandscaping buffers and strips. 1. Purpose and Intent. Alternative compliance is intended to allow for flexibility in landscape design in order to consider unique site characteristics and adjacent uses; maximize preservation of natural amenities; and to accommodate current desirable trends in landscape design and plant selection, and creative design techniques. 2. Administration. The Director of Planning and Zoning or cl(~silll!~~ shall also coordinate, interpret. and administer this section. 3. Applicability. Any application for site plan approval may be eligible for alternate compliance pursuant to the Alternative Landscape Plan (ALP). B. Alternative Landscape Plan (ALP). meet the following general requirements: An ALP must 1: General Reauirements. !.: The contents and mInImum information required on the ALP shall be in compliance with a "standard" landscape plan pursuant to Chapter 2. Article II. Section 5.F.3. b. The ALP shall include a narrative and any supporting documentation that clearly details and demonstrates compliance with the purpose and intent of Section 1 and the landscape design principles of Section 2 of this article. ~ An ALP may be submitted in order to provide a variety of plant materials in excess of the minimum requirements with a greater degree of compatibility with surroundin~ uses than a standard landscape plan. October 17,2007 - 65 - October 17, 2007 SITE DEVELOPMENT STANDARDS Section 5. 2. Review Criteria. !: Uniaue Characteristics. An ALP shall only be accepted for review if in compliance with the intent and purpose of this section. b. Meets or Exceeds Minimum Standards. The ALP exceeds the minimum standards and furthers the design principles of this article. S Consistency and Compatibilitv. The proposed ALP is not inconsistent with desirable landscaping materials and designs on adiacent proiects. Communitv Desifzn. A. General. .1 Purpose and Intent. The purpose of this section is to provide additional landscaping necessary to further the design obiectives and principles ofthis article. 2. Administration. The Director of Planning and Zoning or designee shall also coordinate, interpret, and administer this section. 3. Applicabilitv. The provisions of this section shall apply to all new construction, maior modifications to existing sites, excluding single-family and duplex dwelling units on individually platted lots. This section shall not apply to newly created landscaped areas where compliance with regulations does not decrease conformance with parking regulations. 4. Relief from Standards. Any deviation from these landscape standards shall require a Community Design Plan Appeal (CDP A), which is subiect to review and approval by the City Commission. A request for a CDP A shall be reviewed in accordance with Chapter 2, Article II, Section 9. Q. Compatibility ';/ith existing landscaping. In order to maintain compatibility with adjacent development, the Q!y city may require, where desirable, that site landscaping be desigacd similar to adjacent or nearby property. - 66 - SITE DEVELOPMENT STANDARDS B. Foundation Landscapin2. 1. Applicability. The requirement for foundation landscapin~ (shrubs and trees) shall apply to all front and side elevations of multi-family residential and non-residential buildings. These provisions are expanded to include rear elevations where buildings are visible from adjacent rights-of-way, residential zoning districts, or where otherwise recommended by staff. 2. Standards. !: Landscape StriP. Foundation landscaping shall be installed within a strip of land not less than fiveJ5) fe~t in wi~!!I. The ultimate width and dimensions of this parking area shall be proportional to the size and growing characteristics of intended plants and tree species, as promoted by the objectives of this article. b. Shrubs. Foundation landscaping shall consist of shrubs installed in a continuous row or within 10-foot wide clusters spaced a maximum of 15 feet apart. The selection of shrub species should be compatible with the required plantings of perimeter landscape buffers and landscape strips along the abutting rights-of-way. Foundation landscapin2 shall be placed abutting the wall or installed within separate planter areas no farther than 20 feet from the wall of larger projects or shopping centers. ~ Trees. Tree sizes within foundation landscape strips shall be proportional to building heights and massing: planted no less than one-half (Y2.) the building height when buildings are 45 feet in height or less. October 17, 2007 M. LlmdseapiHg of Op6B ':laBs. The provisions of this seetioB shall apJ3ly to the :&oat elevatioa \-vall and tV/a side elevmiaB ':falls (and rear ele'/ations where '/isible from adjaeoot rights of way) of all oommercial or aon resideBtial b1:IildiB.gs (eKell:lciing indastriall:lses with expOSl:lfe limited to laeal streets) where that portioR of the Base level ';aid of ',T:iBdows, a'llaiags, and doorways exeeeas 25 liBeal feet, or ...mere otherwise reeoHHReBded by the - 67- SITE DEVELOPMENT STANDARDS Director for minimal aesthetic improvOHloot. Fouadation laIldscaping shall be placed in a strip of land not less than five (5) f-eet wide and shall include a cORtin:uous colorful shrub~ and groundeover oompatible ','lith perimeter loodscapiag (rights of way), or a minimum 10 foot 'Hide duster of the same plants spaced a maKimuIB of 15 linear feet apart. Foundation lcmdscaping may be placed abl:ltting the wall or planted in a separate planter no farther than 20 feet from the wall oflarger projeets or shopping centers. Height of trees when planted shall be a minimum of 1 /2 building height at time of planting. Palm tree species should be slow gro'.ving, multi trunk, ':lith the majority ofthe tree canopy providing a visual barrier of the open wall. Eligible palm tree species may be one or more of the following: Pygmy Date Palm, Paurotis, Adonidia, Foxtail, and Royal. For properties zoned M 1, this requirement shall only apply to facades orieHted to'I/ard abutting streets. L. Foundation landscaping. Foundation landscapiHg shall be reqHired in the front and side of each multifamily or cluster d'.velling in order to enhance the visual appearance ofthe building and to promote privacy. C. Plazas. Plazas shall contain paved, open, and landscaped areas. At least one (1) tree shall be planted for each 900 square feet of plaza area. Shade trees shall be planted within the plaza area or along the periphery. See Chapter 4, Article ill, Section 4.B.7 for additional regulations regarding plazas and open space. D. Drive-throU2h Facilities. Pursuant to Chapter 4, Article III. Section 4.B.4., drive-through facilities shall not be allowed on any building facade that directly faces a public or private right-of- way. Landscape material may be used to provide additional screening to ensure that said facilities, located on eligible building facades, are not visible from abutting properties or rights-of-way (pubic and private). This landscape screen shall consist of trees, shrubs. a berm, or a combination thereof. necessary to achieve the desired buffering effect. !: 1. A minimum ten (10) foot v:ide bl:lff-er strip shall be installed between the street right of way and the drive through lane, aJong the entire 16Bgth of the drive through lane faciRg the street, and shan be provided in lieu of any October 17, 2007 - 68 - SITE DEVELOPMENT STANDARDS landscaping required by the landscape (;lode for 'lehiealar 1:18e areas adjaeent to a p1::1blic right of way. The v/idth of the buffer stIij3 shall exclude utility easem.eBts; !!.: 5. The landscape buffer strip referen.eed above shall oontam a mmim1::1Hi two (2) foot tall earth befffi alOBg the entire length of the dri'/e thiOl:lgh lane facing the street and shall have a slope BOt to exoeed a ratio of thTee to ORe (3: 1 ); ~ 6. The landscape buff-er strip referenoed above shall be planted with a minimum of one (I) tree, a minim1::1Hi of twelve (12) feet tall, for eaeh thirty (30) liRear feet, or fraetion thereof, of driY/e through laneage facing the street. In additioR, there shall ee plaBted withiR this buffer strip a contiB-l:lous solid visual soreeB at least three (3) f-eet in heigl:1f withiaoBe );6El:f of installation. This sereeH shan be comprised of at least 1\'/0 differeffi species of shrnes plamed in gFel:lpings or l:lRoolatiRg rows. The sl:1rnbs shall be a miRimum. of tIn-ee (3) gallons in size with an 18 21 inch spread, full to base, at time of plamiHg. Ground cover shall be plBflted 'llithiB. 25% ofthe required area of the lanaseape buffer s1fi.p~ !!:. 7. The landscape buff-er stIij3 refef6Boed above shall use plant materials that meet the quality requffem.6Bts ofthe city's landseape eade. E. Service Areas. C. Serviee Areas. 1. Additional screening is required where off-street unloading and loading areas are visible from abutting / adjacent rights-of-way or residential properties. Such screening is comprised of shrub and tree species possessing dense foliage and planted of a size to form a opaQue screen. Ualoading and loadiag areas shall be sereened :from streets Bfld p1::1blic 'lie'll by a euffer wall or cOBtiffi:1al:ls '/egetativo buffer. Vegetati'le lmffefs shall Be comprised of sa'1ffi ana tree species having d6Bse feliage and of a size aBd spaemg to form a continuous soreen of plant material as required by the Landseape Geae. F. Mechanical Equipment. If feasible, all above ground mechanical equipment such as exterior utility boxes, meters, and transformers shall be visually screened. Back-flow preventers shall be painted to match the principal structure. <I. EK:teriorl:ltHity boxes, meters, tFansformefs, etc. shall ee soreeaed from pHblie view by a Buffor wan ar eentmuous vegetative buffer as reqtHi-ed by tho Landseape Code. October 17, 2007 - 69 - SITE DEVELOPMENT STANDARDS G. Dumpster Enclosure. J. Lffi'ldseaping and dumpsters. ,,^JI dumpsters should be placed OR a COR crete pad ten (10) feet iH width wide ','lith an appropriate depth and be soceened on three (3) sides as described in Chapter 9, Section 10, Paragraph C.3. Provide aeoent slL.-u-bs along the screen wall. All dumpsters and recycling receptacles are required to be screened in accordance with Chapter 4, Article VI, Section 5.C. Landscape material shall be installed along three (3) sides of the enclosure walls at a minimum of one-half (112) the wall height at time of planting. However, within industrial developments, the landscape material may be unnecessary where the dumpster enclosure is located within the vehicular use / loading areas and not visible from adjacent road ri~ts-of-way. Also see enclosure wall requirements Chapter 4, Article VI. Section 9.C. H. Lift Stations. The walls of an enclosure containing a lift station shall have landscape material planted around the perimeter, at a minimum of one-half (1/2) the wall height at time of planting. I. Base of Siens. The base of a sign shall be enhanced with a minimum of two (2) colorful shrub species, selected for entrance compatibility not less than two (2) feet in width and placed around no fewer than three (3) sides. The appropriate selection of species and design shall ensure visibility to low monument signs at plant maturity. Landscaping of signs within plazas and shopping centers shall also include a minimum of one (1) signature tree. Annuals and other flower species may supplement but not substitute the required shrub plantings. O. Site signage. The base of u sign shall be oohBfloed with oolorful grooodoover plants (annuals may be slipph~fFl:ental to other grmmdeover plants hllt not be u substitute) Bfld a miaimlim of two colorful sh.-ubs species all selected for entranee eOffipatibility (not to be less than 2 feet in width and plaeed around RO fewer than 3 sides). Species selection and design shall eBSl:lfe visibility to 10','1 mOfl1:lfRent signs at plant matl:lrity. LandsoapiRg of plaza/shopping oenter signs shall also incll:lde a miRimum of OFle (1) signature tree. Section 6. Enforcement. A. Responsibility. Section 10. Enforcement of code regulations aHd proyisions; violations, peflalties Bfld other rem.edies. ,,\. Enf{)rceB'leftt respoasibility. No building permit, certificate of occupancy, or certificate of completion and use or certificate of oeeupancy shall be granted by the Department of Development do.;elopment department, except in compliance with the provisions of this code or court deeision. October 17. 2007 - 70 - SITE DEVELOPMENT STANDARDS The regulations and provisions of this code shall be held to be the minimum requirements adopted for the protection and promotion of the public health, safety, oomfort, eORv6Bi6Bce, order, appearance, prosperity or general welfare. Whenever the regulations and requirements of this code conflict are at 'laflaflOe with the requirements of any other lawfully enacted and adopted rules, regulations, ordinances.. or laws, the most restrictive shall apply. B. Penalties B. Violation afld penalties for non oompliance of re~ffed landsoaping (maiat6Bafloe). For any and every violation of the provisions of this code, and for each and every day that such violation continues, said violation( s) shall be $250 per day until violationlli) is / are corrected by the property owner. Persons charged with such violation(s) may include: 1. The owner, agent, lessee, tenant, contractor or any other person using the land, building or premises where such violation has been committed or shall exist, or 2. Any person who knowingly commits, takes part or assists in such violation, or 3. Any person who maintains any land, building or premises in which such violation shall exist. 4. Violations. Upon inspection by the City, any plant material found to be in a declining condition shall be replaced by the owner within 30 days or a Notice of Violation shall be issued. C. Other Le2al Remedies C. Other legal F6ffledios. In addition to the criminal penalties and enforcement procedures provided, the City Commission may institute any lawful civil action or proceeding to prevent, restrain or abate: 1. The unlawful construction, erection, reconstruction, alteration, rehabilitation, expansion, maintenance or use of any building, structure or parking area, or 2. The occupancy and / or use of such building, structure or parking area,.;. or 3. The illegal act, conduct, business of use of, in or about such premises. October 17, 2007 - 71 - SITE DEVELOPMENT STANDARDS D. Administrative Remedies D. Other administrati'v'e rem.edies; buildiBg permits aB.d certificates of ocoo.:panc)' afld use. The following administrative remedies may be applied when appropriate: 1. Issuance. No building permit, ef certificate of occupancy, or certificate of completion and use shall be issued by the Department of Development development department for any purpose except in compliance with the provisions of this code, conditions of approval. or tmtl other applicable ordinances and laws, a decision of the planning and de>v'elopmoot board or court decision. 2. Suspension. The Department of Development may suspend a building permit, certificate of occupancy, or - n___'.. _, _.. ._. ,-- .... - certificate of completion where an administrative determination has been duly made that an error or omission on either the part of the permit applicant or government agency existed in the issuance of the permit or certificate approval. A valid permit or certificate shall be issued in place ofthe incorrect permit or certificate after correction of the error or omission. 3. ;h Revocation. The Department of Development de>lelopment department may revoke a building permit, ef certificate of occupancy, or certificate of completion in those cases where an administrative determination has been duly made that false statements or misrepresentations existed as to material fact(s) in the application or plans upon which the permit or approval was based. 3. SuspensioB. The developmoot department may suspeBd a BllildiRg permit or certificate of oCC:Upaflcy and use vlhere an administrative determiBation h.as been duly made that an error or omissioR OR either the part of the permit applicant or gOVemInoot agooc)' existed in the issuBfloe of the permit or certificate approval. }~ valid permit or eertificate shall be issued in plaoe of the inoorrect permit or certificate after correction ofthe error or omission. 4. Notice and Appeal appeal. All Department of Development development department decisions concerning the issuance, suspension, or revocation or suspoosion of building permits or certificates and eertificates of occupancy shall be stated in official written notice to the permit applicant. Any decision of an administrative official may be October 17, 2007 - 72- SITE DEVELOPMENT STANDARDS appealed to planBiHg and developmoot hoBi'"'<i within thirty (30) days of the action~ that the aggritYled party wishes to appeal. (Ord. No. 00 51 ~ 2,101 00) Section 7. Surety. In the event that the landscaping requirements of this article have not been met at the time that a certificate of occupancy or certificate of completion could otherwise have been granted, and said certificate is requested bv the developer, the City may enter into a performance surety agreement approved by the City Attorney through which the property owner or designated agent ensures compliance with the provisions and requirements of this article. This formal agreement with the City shall require the owner or his agent to post a performance bond or other city-approved surety in an alllount e9ual to 11O~ ofthet()tal estim~tedc()st of materials.la~()r, and any other costs incidental to the installation of the reauired landscaping. The cost estimate shall be furnished by a qualified landscaping contractor. It shall name the City Commission as beneficiary, be in a form satisfactory and acceptable to the Director of Finance, and specify the time for completion of the landscaping requirements of this article at no later than 30 calendar days. 8eetioB. 7. PerioffHBfloe sur-sty. In the event that the IBfldseaping reql:lirem.ents of this article have net ee6B met at the time that eertifieate of ocoopaney eould otherwise have be6B gmBted, and s&id pernMt or eertifioo.te is requested by the developer, the oity may 6Bter into an agreem.6Bt appFO'led by the city attorney with the o'.vfl.er or his agmt that the pmvisions and reql:lirem.oB.ts of this artiele will he c0mplied '::ith. lB. that ease the O'llRef or his ag6Bt shall post a perrofFBBflee eOB.d or other city appreyed surety in an am01mt equal to one hl:Hldred and ten (110%) per eoot of the costs of materials, labor and other atteadant costs iaeiaeBtal to the installation ofthe reql:lired landseapiag based l:If30R Bflestimate pfO\ided by a qualified landseaping eontraetor. The slHetyshall: ^ .L..... Naflle the City CommissioH as emeficiary. B. Be in a f-(:)fFB satisfactory and aeeeptaele to the oity attomey ana the finBflee direetor. C. Speeify tho time for the eompletion of the landseapiBg Fe€J.1:I-irem.en-tS of this article as determined by the eitymanager. COrd. 1'10.00 51, ~ 2,10 -1 00; OFd. No. 02 033, ~ 1, g 20 02) S:\Planning\Zoning Code Update\l.DR Rewrite\Part III\Chapters\Chapter 4 Site Development S1andards\Final\Article IT Landscape Design and Buffering Standards.doc October 17,2007 - 73 - x. NEW BUSINESS: B. Consideration of Executive Director Evaluation , \ t jr' " v::";~ /~~'" -;~r -'. <\ ~~~Y~T8~IC RA East Side-West Side-Seaside Renaissance . AGENDA ITEM STAFF REPORT eRA BOARD MEETING OF: November 14,2007 I Consent Agenda I Old Business I X I New Business Public Hearing Other SUBJECT: Consideration of Executive Director Evaluation SUMMARY: The annual evaluation summary of Performance Appraisal scores as well as individual Board member evaluations are attached for the Board's consideration. Board Chair Taylor has met with the Executive Director regarding the evaluations and will lead the Board discussion on the results of the appraisal along with any recommendations. FISCAL IMPACT: Dependent upon result of Board discussion. RECOMMENDATIONS: N/A d~ 7 '--,) , . -~--~ Susan Harris Finance Director & HR Administrator T:\AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS\Completed Agenda Item Request Forms by Meeting\FY 2007 _ 2008 Board Meetings\07 11 14 CRA Board Meeting - November\Executive Director Evaluation.doc c .... o "C .... CO o In E o .... .... en Cl) .... o (,) U) CO en -- CO .... 0. 0. <C Cl) (,) s::: CO E .... ~ Cl) Q. ..... o o N .... o - (,) Cl) .... c Cl) > .. ~ (,) Cl) >< W ~ o >- CJ= C <( l/I Q) l/I Q) Qj l/I ... 0.00 E ... CJ CJC/) 0<( () en .... o - (,) Cl) .... C o ; C III Q) .~ ::: C .- ::I ... E 3: E o () ~ C o C .- 0 _10; Ill... .~ .!!! C- O ::I 8 E Q) EZ o () ~ :c III - 0. III "C <( Q) . > ; ~ g: ~ 'N .: ~'c ~ C III III .- en- E"'1l. 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LOLOOO "-N..-..- COQ')Q')C") C")C")C")oo:::t Q') I"- o eft. o N o oo:::t C) c: c: c: n:l ii:o. I C).c: c: ~ :~ ~ c: n:l n:l (I) C)...J ... -NOM ~ c: o .. n:l .~ - c: c: n:l~:s 0 s:: E ;:; In .- E c: n:l ....000 CJ (l)n:lO"C:c: 0. - n:l (I) :s ... 0. _ ._ == (I) n:l n:l - .- E C"O...O~ <(0 g'> g ~U;cQZ"":O (I) I C)(I) "0 .~ (1)- - n:l ;: ... 01i) c: c: ~ E .0"0 ~<( o N o M 0) M ~ o LO f o (,) U) - - o oo:::t co .... Cl) > o co s::: u:: d Cl ~ ,t..-?-~ bo~r .-/' I ---(/ / A---J /& ~ :Je~YI --; 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. While no one can deny that total objectivity is not possible as it 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 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 obseNable 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. 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 appraisal. Four Stages 1. Preparation 2. Performance Review 3. Independent rating 4. Consensus rating 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 your evaluation (e.g., obseNations in meetings, one-one- meetings, review of reports, other) L -- 2 ~-~-- -~----~ -~ Performance 1. Review your materials. Do your best to link the performance Review indicators from your materials to specific competencies as they are defined in the appraisal form. 2. One competency at a time, read its description arid 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. Continue the same for each competency. Reviewers' 1. After all Raters have independently conducted their performance Consensus review, each interviewer will return his or her final rating to the Rating CRA Human Resources Representative for compilation. 2. The HR Representative is charged with documenting each rating for each competency, finalizing scoring and developing a complete consensus rating. 3. The HR Representative will outline board recommendations for improvement, goals and measurements for the upcoming appraisal period (typically one year). 4. The consensus appraisal will be given to the CRA Board Chair who will meet with the Executive Director to discuss in detail. The results of that meeting along with any recommendations will be presented at a eRA Board Meeting for Board approval. J 3 COMPETENCY-BASED PERFORMANCE APPRAISAL -- -- --- I NAME: Lisa Bright DATE: October 15, 2007 - -- REVIEWERS: Board of Directors NUMBER OF DIRECT RJ;:PORTS: 8 - POSITION: Executive Director ORGANIZATION: 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 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. 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 Interpersonal fully satisfactory level, meets the 10% 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. TOTAL: 100% 5. Outstanding: Exceptional performance of high caliber with a remarkable and documented level of achievement and pacesetting performance. 5 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 6 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 X opening up a retail establishment in order to provide external marketing support for these groups during design, and implementation. 2. Initiates, plans and directs the implementation of the adopted redevelopment plans (i.e., 20-30 plan, BB corridor r plan, N. Federal Plan, Urban Design Guidelines) and answers general development questions as necessary. 3. Provides oversight, and input to staff on overall agency direction, X 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): 6 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 ti';1e management. Admin istrative Performance Weight Rating 1 6 3 ~ ~ 1. Oversees preparation of the annual operating budget and capital plan by meeting with the Finance Director and other X department heads to present to the CRA Board for approval, and approves and reviews budgetary and financial reports. 2. Handles all Board matters, policy matters and other related X issues in order to accomplish Board Directives. 3. Sets all Board monthly meeting agendas and has oversight X for all Board packets to ensure correct material is in packets. 4. Directs and implements projects in the phase of completion X 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 )\ operational duties and issues for the CRA. Comments (Note strengths and areas in need of improvement for the next year): 7 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, pra'ctices 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 Weiaht Ratina 1 2 ~ ~ ~ 1. Oversees and is responsible for the final selection, X 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 X operations and other operations in the City and local community. 3. Meets with subordinate(s) to discuss and review job { performance as necessary. 4. Analyzes and evaluates working conditions for X, improved employee output and requests and evaluates both written and oral input from employees to improve departmental services. 5. Conducts supervisory conferences or discussions with 1 subordinates in reference to their performance; provides positive and corrective feedback. 6. Visits subordinates on-site to observe their work and to ) provide assistance and input as necessary. 7. Informs subordinates of how their efforts, in any given ~ project, affected the outcome of the total project. 8. Writes performance appraisal reports. X 9. Engages in an on-going reinforcement of working as a team including process improvement review and X implementation, both individually and as a team member and leader of staff. 10. Provides vision and sets operational goals to achieve ~ the CRA vision, and identifies and analyzes administrative problems, and implements operational changes. 8 Comments (Note strengths and areas in need of improvement for the next year): 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 Weiaht Ratina 1 2 ~ 4 5 1. Uses diplomacy and tact during interactions with others, A' particularly during times of disagreement. 2. Develops and maintains rapport and collaborative relationships with officials, co-workers, developers, city staff X and the general public. Listens to and considers suggestions and complaints to respond appropriately. 3. Displays sensitivity to the feelings of others. X Comments (Note strengths and areas in need of improvement for the next year): f---- 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. Adaptability Performance Weiaht Ratina 1 2 3 4 2 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 X priorities for the completion of work. Comments (Note strengths and areas in need of improvement for the next year): 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 Neaotiation Performance Weiaht Ratina 1 ~ ~ ~ ~ 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 1 dealing with and interfacing, communicating and resolving issues and problems with other agencies on a variety of related matters. 3. Conducts, directs and oversees all Public Relations activities for X the CRA. 4. Meets and confers with Board Attorney in order to ensure that A' 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, }f discussing architectural styles, and negotiating, and providing guidance etc. 6. Prepares and responds to email messages from the Board, /f staff, developers, City officials and other personnel. 7. Attends monthly Board meeting and other requisite meetings in A' order to keep abreast of activities and programs, and to provide information and/or answer questions as necessary. 8. Deals with conflict and develops effective resolutions. X 9. Makes presentations to the CRA Board and facilitates public 4 meetings, workshops and negotiations on a regular basis. Comments (Note strengths and areas in need of improvement for the next year): 11 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 Weiaht Ratina 1 6 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 English with clearly organized X thoughts with proper sentence construction, punctuation and grammar. Comments (Note strengths and areas in need of improvement for the next year): _. Board of Director's Independently Competencies Derived Scores: Competency Scores: K AD& LD IP ADP OC WC OP NEG Name: Chairman Taylor Name: Vice-Chair Rodriguez Name: Board Member McCray Name: Board Member McKoy Name: Board Member Weiland Final Consensus Score Across Five (5) Raters J2 Competency Leaend: K = Job Knowledge AD&OP = Administration & Organizing and Planning LD = Leadership IP = Interpersonal ADP = Adaptability OCNEG = Oral Communication and Negotiation WC = Written Communication 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 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 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 Com Dieted 1. 2 3. 4. 5. 13 EMPLOYEE COMMENTS: 1. We have reviewed the job description for my job and the Yes No competencies, and it reflects my job duties. , 2. This review is generally consistent with my view of my Yes No performance. 3. Comments: 4. This appraisal has been discussed with me by the Chairman of the Board. Yes No Employee Signature: Date: 14 ---::T:c ~ /?"C ~~1{'/C/'L COMPETENCY..BASEO PERFORMANCE APPRAISAL .-----. NAME; Lisa Bright DATE: October 15, 2007 ""'.... - REVIEWeRS: Board of Directors NUMBER OF DIRECT REPORTS: 8 r------... - POSITION; Executive Director ORGANIZATION: Boynton Beach eRA REPORTS TO: eRA Board ANNIVERSARY DATE: June 20t 2005 Ratiog Scale and Definiti~s. Weiaht Scale for ComDetencle8 Ratlna Semi.; Each competency will be rated Weiaht 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 perfonnance 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 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. AdmInistrative & Organizing 15% 2. Marginal: Perfonnance does not meet an and Planning acceptable level In all areas. Improvement Is needed. Leadership 25% 3. Fully Satisfactory: Has performed at a Interpersonal fully satisfactory level, meets the 10% requirements of the job in all respects and Adaptability 10% occasionally exceeds job perfonnance standards. Oral Communication and 20% 4. Distinctive and Well Above Satisflurtory Negotiation Performance; Performance is Significantly better than average. Performance Written Communication 5% consistently exceeds standards. TOTAL: 5. Outstanding; Exceptional performance of 100% high caliber with a remarkable and documentEtd IEtvEtI of achievement and pacesetting performance. 5 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 housins, fin:1inoial and legal aspects ref:1itlng 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 raws 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 locar, 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 Perfonnance WeialU Ratlna 1 2 .3- ~ ~ 1. Identifies industry groups (i.e., realtors, oonstruction finns, ~ architectural firms, engineering firms etc) who are in the process of starting a new development, buying old property to refurbish. and opening up a retall establishment In order to provide axternal mar1<eting support for these groups during design, and Implementation. 2. InItIates, plans and directs the jmplem~iIntation of 'j 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 overall agency direction, ;: 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): e.c- DI'"d~tf.. 114'1.1 co...,.., t6.~,I'ltd 4.... /'" elflS f'~," -"",?j);"G r.J~/:s "" # -<It.. J~s,;~;'6J ~ ., .fJ .:I 12.. ~ '"' 'If:-,;" ifili. en.' r' I ..., .,,#-..,;J. 6 ADMINISTRATIVE AND ORGANIZING AND PLANNING COMPETENCY: Ability to plan and organize cOf'Istantly changing daily work flow by establishing priorities for the completion of work in accordance with sound time-management methodology; effectively and efficiently utilil:es resources to achieVe such goals and objectives. Ability to apply principles of time management. Admln'stratlvt Perfonnance ~eiS!ht Ratina 1 2 ~ ~ ~ - 1. Oversees preparation of the annual operating budget and capital plan by meeting with the Finance Director and other f department heads to present to the CRA Board for approval, and approves and reviews bUdgetary and financial reports. 2. Handle6 all Board matters. pOlicy matters and other related i issues in order to accomplish Board Directives. 3. Sets all Board monthly meeting agendas and has oversight 'f for all Board packets to ensure correct material is in packets. 4. Directs and implements projects In the phase of completion r and evaluation In order to bring back the iAformation to the ~ Board for their review and policy decision making. 5. Provides oversight and assistance with all administrative and f) operational dutie6 and issues for the CRA. "-_.- -----'--. Commonts (Note strengths and areas In need of improvement for the next year): .6o..~/.:If ...P ;.v",~~,.';' -c.. -/0 AG../-..At..i """ /' -Ih'e 4.)'" ,/ ~ /SQ C~* .;~ ..,I,{ <. c::;;,..;.t '#.J , H ~O#< #0...1 s/. ./.",/ v~,J", , J4,t""'-" 7 LEADERSHIP COMPETENCY: Ability to le8d a team of paraprofessional and professional staff towards goals and objectives_ Ability to identify and respond to community, Redevelopment Agency aoard. and City Council issues. concerns, and needs. Abfllty 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). Ablllty to identify and correct personal defjciencies. 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. - - LeadershiD Performance Weiaht RatinA 1 ~ A ~ .2 1. Oversees and Is responsible for the fin,' selection, -J training and evaluation process for all eRA staff. 2. Conducts weekly staff meetings in order for staff to X Share information and keep abreast of overall CRA operations and other operations in the City and local community. ---- 3. Meets with subordinate(s) to discuss and review job " performance as necessary. ~- I 4. Analyzes and evaluates wOrking eonditions for '/ improved employee output and requests and evaluates both written and oral Input from employees to Improve departmental services. o- f 5. Conducts supervisory conferences or discuaslons with subordinates in reference to their performance: provides positive and corrective feedback. 6. Visits subordinates on-site to observe tJlleir work and to { provide assistance and input as necessary. 7. Infonns subordinates of how their efforts, in any given ~ project, affected the outcome of the total project. 8. Writes perfonnance appraisal reports. ''J.... _0. r 9- Engages in an on-golng reinforcement of working as a II team including process Improvement review and implementation, both indiVidually and as a team member and leader of staff. --f-- 10. Provides vision and sets operatlonalgoafs to achieve f the eRA vision, and identifies and analyzes administrative problems, and imprement:s operational changes. "--- 8 Comments (Note strengths and areas In need of Improvement for the next year): \. A..r ttM 1H~.1 ,j2o ~iJ - e. ,...., <:).$ /;,t..;.... /I'".R. "" ,,"-< Ei,tI:( t }) (.......<:-./'tIp .JI:!!: ;.~._!:::.Ie~t<-~"')."...J WAIt, I(ew''''(..&.~wl'd. "I~..t:> -I/t- "11/.--.t-f" C/LA .JI;"'~""'J .J.... ~{/Ivll'c..., ft.,-c.. o4,pot- I'yrj<-f- "".1 A.t1i/- k~#'I .:J(..<;..c::..e.~~ .......<< INteRPERSONAL COMPETENCY~ Ability to develop and maintain excellent rapport, and cooperative and courteous relatlonships with boss, co-wOrkers, offICials, developers, city employees and the general public. Listens to and considers their suggestions and complaints and responds appropriately. -- 'nt.mersonal Performanee W.'aht Ratina 1 .z ~. ~ 1! - 'I 1. Uses diplomacy and tact during interactions wfth others, particularly dUring times of dIsagreement. 2. Develops and maintains rapport and cullaborafive 'I relationships with officIals, CO-WOrkers, developers, city staff and the general public. LIstens to and considers suggestions and complaints to respond appropriat&ly. '-. - , 3. Displays sensitivity to the feelings of others. ~- -'- f Comments (Note strengths and areas in n&8d of improvement for the next year): #I10~. ~'J c:;,'../., #I...~ $~_",- , -' I- ~ .; , , c: ;;)1.0&.4 _... ..1iI "'-'#~/.~ c o_~; J'" J ~.., ,1-1 J2. Ad...".#'" 9 ADAPTABILITY COMPETENCY: Ability to be adaptable to perfonnlng 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 situatlons. Ability to think under pressure. Ability to display patience. Ad~Dlf~II~~ Performance Welaht Ratina 1 a ~ ! 5 1. Perfonns under stress or when confronted with critical and/or X 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 f 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): oi# ..Jk<.t, "! !:'.~ 6"I-'..l , , J"'r~'7 f,Ff/O.... 10 ORAL COMMUNICATION AND NEGOTI~ rlON 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 I~nguage with customers. clients. and the public in a one-to-one or group setting. A()lIity 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. Ablllty 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 Negotl.tion Performance Weiaht Ratlna 1 ~ ~ ~ ~ --.--. 1. Negotiates the acquisition and disposition of real estate for the 'f CRA and manages the real estate assets held. .. 2. 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. 3. Conducts. directs and oversees all Public Relations activities for i- the eRA. -- -., . l' 4. Meets and confers with Board Attomey 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 ete. 6. Prepares and responds to 8msil messages from the Board. -{ staff, developers, City officials and other personnel. -- 7. Attends monthly Board meeting and other requisite meetings in 'i order to keep abreast of activities and programs, and to provide information and/or answer questions as neces6ary. - '1-' 8. Deals With conflict and develops effective resolutions, "'-...... _. 9. Makes presentations to the eRA Board and facilitates public ~ meetings. workshoPs and negotiations on a regular basis. .... Comments (Note strengths and areas in noed of Improvement for the next year): -""'-~-_.,----- ~:$ . ~.,Lv t'"",,_ ~"'I' /(~J' rO!!-J ~..,., :...... "t:1j,1-c<__-.r:... / t'k ,t....d<... ~t....... '.#RCeI'v-e.....I S/"'~.".O,";.L aI -I~'f\. /~.,,~. .,I)o/~"'J o~ JIlye,.c,,7..... V'" /c.<. -r t. <- -/ ~~,gl- j <=u -r... .. ~ ,.., ,., J. A- d.~..+v~_ ...~. ~.. .~,'~ -~..~~r. A'~" -/t<.- ...,,/'<,.;'+v...... al' #1 1'f,.A~~.. ;. '-" /J,.,,/ '" ..1 j II A C#""'~r.,~ J C 1T T,,",c /' ~ J~"" #t.A, ~./ D...... A- C~A or/-h,..... b"; I' J. /..,/_ c:.v ~ '" ,/-ev~/ WRfrrEN COMMUNICA nON COMPETI=NCY; Ablllty to produce written doouments /n the English language with clearly-organized thoughts with proper sentence construction. punctuation, and grammar. Written Communication Weiaht Performance Ratinq 1 ~ ~ ~ ~ 1. Prepares written evaluations on the status of a program or project for the Board of Directors. 2. Produces written documents in English with clearly organ/zed thoughts with proper sentence construct/on. punctuation and grammar. Comments (Note strengths and areas in nBed of improvement for the ne)d year): -~ /Jv, :.... d'oJ,.. . - ---- '..-..a_____a --- - . "'"-,,..,-- ----,-- Board of DIrector's 'ndependently Compet.not.s Derived Scores: Competency Scores: K AD& LD IP ADP OC we OP NEG Name: Chairman TaY/or Name: Viae-Chair Rodriguez -- Name: Board Member McCray Name: Board Member McKoy Name: Board Member Weiland - FInal Consensus Score Across Five (5) Raters --'--.... 12 COI!!Rflencv Leaend: K = Job Knowledge AD&OP = Administration & Organizing and Planning LD ::: Leadership IP ::: Interpersonal ADP = Adaptability OCNEG = Oral Communication and Negotiation we = Written Communication 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 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 -. - - " . ACTION PLAN: Document goals (such as special projects, career development needs. leaders~ip development) which need to be accomplished in the coming year. .~_. Goal M8~ure of SUCC~S When COIl:'D~tWs:f 1. 2 - 3. - --.... -,- ~ 4. 5. - ... 13 EMPLOYEE COMMt;NTS: 1. We have reviewed the job description for my job and the Yes No competencies, and It reflects my job duties. 2. This review is generally consistent with my view of my Yes No performance. 3. Comments: 4. This appraisal has been discussed with me by the Chairman of the Board. Yes No Employee Signature: Date: 14 i , ~~Y~T8~ C lV~ East Side-West Side-Seaside Renaissance Executive Director Competency..Based Performance Appraisaf Lisa Bright, Annual (2006) b~ ;.lJ Ii &7J18(jJL J1 t ~ Note: Staff, Employee Self-Appraisal and Board final consensus competency scores are on pages 11-13. 1 COMPETENCY-BASED PERFORMANCE APPRAISAL NAME: Lisa Bright DATE: September 12, 2006 REVIEWERS: Board of Directors NUMBER OF DIRECT REPORTS: 5 , . POSITION: Executive Director ORGANIZATION: Boynton Beach CRA REPORTS TO: CRA Board ANNIVERSARY DATE: June 20,2005 Ratina Scale and Definitions. Weiaht Scale for Competencies Ratina Scale: Each competency will be rated Weiaht 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 and the overall weight ;s 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. 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 fully satisfactory level, meets the Interpersonal 10% 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. TOTAL: 100% 5. Outstanding: Exceptional performance of high caliber with a remarkable and documented level of achievement and pacesetting performance. 2 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, re~earch 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. Knowfedae Performance Weiaht Ratina 1 g ~ 4 2 1. Identifies industry groups (i.e., realtors, construction firms, architectural firms, engineering firms etc) who are in the process of V 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. 2. Initiates, plans and directs the implementation of I 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, I 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): According to staff appraisals, the Executive Director needs to communicate with staff (Group/Individually) more often to provide feedback with regard to job performance. Executive Director did an excellent job with bringing forward the refurbishing of the Old High School. Lisa has the jOb knowledge and competency to exceed expectations in her position. She has proven that by bringing stability to the organization. I expect her, in the next year, to be even more proactive than she has been. 3 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 Weiaht Performance Ratina 1 ~ ~ ~ ~ 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. 2. Handles all Board matters, policy matters and other related issues in order to accomplish Board Directives. 3. Sets all Board monthly meeting agendas and has oversight for all Board packets and ensures all correct material is in packets etc. 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 operational duties and issues for the CRA. / / Comments (Note strengths and areas in need of improvement for the next year): Executive Director needs to analyze the amount of time allocated towards observing the job performance of staff/subordinates so that feedback can be provided on a more consistent basis. Staff seems to be searching for confirmation from Executive Director with regard to job performance. 4 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 Weiaht Ratina 1 ~ ~ ~ ~ 1. Oversees and is responsible for the final selection, V training and evaluation process for all CRA staff. 2. Conducts weekly staff meetings in order for staff to I 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 /1/ accomplishment of goals and objectives. . 4. Meets with subordinate(s) to discuss and review job 7 performance as necessary. 5. Analyzes and evaluates working conditions for / 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 / provide assistance and input as necessary. 8. Informs subordinates of how their efforts, in any given / project, affected the outcome of the total project. J 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 and leader of staff. 11. Provides vision and sets operational goals to achieve / the CRA vision, and identifies and analyzes administrative problems, and implements operational changes. 5 Comments (Note strengths and areas in need of improvement for the next year): 6 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. I nterpersona I Performance Weiaht Ratina 1 2 ~ ~ /~ 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): s a professional. Board governance needs to bea top priority. 7 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. Adaptability Performance Weiaht Ratina 1 6 ~ ~ ~ 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 I varying educational and cultural backgrounds. / 3. Adjusts to constantly changing daily work flow by establishing I priorities for the completion of work. Comments (Note strengths and areas in need of improvement for the next year): Executive Director did a tremendous job keeping the organization afloat during undesirable times for the CRA Board. However, would like to see more visibility by the Executive Director at various City, community, neighborhood events/meetings within the CRA boundaries. Lisa assumed this position during a very stressful time; the resignation of the Director and several Board member conflicts. She has adapted very well to whatever comes her way. She is pulled in many directions - would like to see her to continue to set boundaries. i.ft /li. ;v~rI~.:iL !t~a:;~ a~v -:z JZJ IJ/I ~d7.c ~r ~j !..!r4!'~/;/IJ, 8 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 basi~. 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 eRA. Ability to deal constructively with conflict and develop effective resolutions. Ability to explain things clearly. Oral Communication and Neaotiation Performance Weiaht Ratina 1 ~ ~ ~ ~ 1. Negotiates the acquisition and disposition of real estate for the 11 CRA and manages the real estate assets held. 2. Serves as an in-house consultant and represents the CRA in I dealing with and interfacing, communicating and resolving issues and problems with other agencies on a variety of related matters. 3. Conducts, directs and oversees all Public Relations activities for I the CRA. 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 I attending meetings, visiting sites, discussing issues for resolution, discussing architectural styles, and negotiating, and providing guidance etc. 6. Prepares and responds to email messages from the Board, [7 staff, developers. City officials and other personnel. 7. 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. Jt 8. Deals constructively with conflict and develops effective 7 resolutions. 1 9. Makes presentations to the CRA Board and facilitates public 7 meetings, workshops and negotiations on a regular basis. Comments (Note strengths and areas in need of improvement for the next year): .5Itnb.s tY/'e 9 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 Weiaht Ratina 1 ~, 3 ~ 5 1. Prepares written evaluations on the status of a program or vi project for the Board of Directors. 2. Produces written documents in the English with clearly / organized thoughts with proper sentence construction, punctuation and grammar. Comments (Note trengths and areas in need of improverryent for the next year): 10 CRA STAFF'S INDEPENDENTLY DERIVED SCORES Sum of /Total # Final Leadershio Sub-Comoonent Individual Comoetencv Scores leadership Individual Stfb- Score components Sub- Com pone 1 6 ~ ~ ~ .2 Z ~ ~ 10 1.1 nt#s Employee 4 5 4 4 4 4 5 4 5 5 44 10 4.4 #1 Employee 4 5 4 5 5 3 3 3 3 4 5 44 11 4.0 #2 Employee 5 4 5 4 5 5 5 5 5 5 5 53 11 4.8 #3 Employee 4 5 4 4 5 5 5 5 3 5 4 49 11 4.4 #4 Employee 4 4 4 4 5 4 5 3 4 5 5 47 11 4.2 #5 Employee 5 5 5 5 5 5 5 5 5 45 9 5.0 #6 ':nal 4.3 4.6 4.3 4.3 5 4.3 4.4 4.2 4 4.8 4.8 26.8 .-verall Final Overall Consensus Score Across six (6) Raters: 4.4 11 Comments (Note strengths and areas in need of improvement for the next year): JOB KNOWLEDGE COMPETENCY: Strengths: My professional experience includes work from both private sector as well as a CRA which lends itself to possessing a clear understanding of the issues on both sides. Needs Improvement: Stabilizing the agency has proven very difficult and not allowed me to operate at peak performance; thus causing errors. Additionally, most staff members were new and improving operational efficiency has required more supervision and/or training than I assumed. I believe the strategic plan and performance appraisal system will help resolve this problem. ADMINISTRATIVE AND ORGANIZING AND PLANNING COMPETENCY: I need to spend more time and input on the budget process and forecasting. INTERPERSONAL COMPETENCY: Always need to improve my tact, diplomacy and grace. Hopefully, the office stabilization will support this initiative. 12 Co M-M-~.l: S 'I-CJ.2 @ r p..{ c)/ t;Y 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. While no one can deny that total objectivity is not possible as it 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. 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. Four Stages 1. Preparation 2. Performance Review 3. Independent rating 4. Consensus rating 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 your evaluation (e.g., observations in meetings, one-one- meetings, review of reports, other) J 2 l~erforma~1 .. ~e~ieW YOu~:teriaIS. D~YOUrbest to link the peITonna~~ ~~ ,Review 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. I 3. One task at a time, under each competency, review your I 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. Continue the same for each competency. Reviewers' 1. Consensus Rating After all Raters have independently conducted their performance review, each interviewer will return his or her final rating to the CRA Human Resources Representative for compilation. 2. The HR Representative is charged with documenting each rating for each competency, finalizing scoring and developing a complete consensus rating. 3. The HR Representative will outline board recommendations for improvement, goals and measurements for the upcoming appraisal period (typically one year). 4. The consensus appraisal will be given to the CRA Board Chair who will meet with the Executive Director to discuss in detail. The results of that meeting along with any recommendations will be presented at a CRA Board Meeting for Board approval. L 3 COMPETENCY-BASED PERFORMANCE APPRAISAL NAME: Lisa Bright REVIEWERS: Board of Directors DATE: October 15,2007 NUMBER OF DIRECT ~EPORTS: 8 POSITION: Executive Director REPORTS TO: CRA Board ORGANIZATION: Boynton Beach CRA ANNIVERSARY DATE: June 20, 2005 Ratina Scale and Definitions. Weiaht Scale for Competencies Ratina Scale: Each competency will be rated Weiaht 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 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. 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 Interpersonal fully satisfactory level, meets the 10% 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. TOTAL: 100% 5. Outstanding: Exceptional performance of high caliber with a remarkable and documented level of achievement and pacesetting performance. 5 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 ~ 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 X opening up a retail establishment in order to provide external marketing support for these groups during design, and implementation. 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 overall agency direction, and for individual strategic plans by conducting weekly meetings X 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): 6 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 Weiaht RatinQ 1 ~ ~ ~ ~ 1. Oversees preparation of the annual operating budget and capital plan by meeting with the Finance Director and other X department heads to present to the CRA Board for approval, and approves and reviews budgetary and financial reports. 2. Handles all Board matters, policy matters and other related X issues in order to accomplish Board Directives. 3. Sets all Board monthly meeting agendas and has oversight X. for all Board packets to ensure correct material is in packets. 4. Directs and implements projects in the phase of completion X 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 X operational duties and issues for the CRA. Comments (Note strengths and areas in need of improvement for the next year): 7 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 Weiaht RatinQ 1 ~ ~ ~ ~ 1. Oversees and is responsible for the final selection, X 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 X operations and other operations in the City and local community. 3. Meets with subordinate(s) to discuss and review job X performance as necessary. 4. Analyzes and evaluates working conditions for >( improved employee output and requests and evaluates both written and oral input from employees to improve departmental services. I 5. Conducts supervisory conferences or discussions with X' subordinates in reference to their performance; provides positive and corrective feedback. 6. Visits subordinates on-site to observe their work and to >( provide assistance and input as necessary. 7. Informs subordinates of how their efforts, in any given X project, affected the outcome of the total project. 8. Writes performance appraisal reports. X 9. Engages in an on~going reinforcement of working as a team including process improvement review and X implementation, both individually and as a team member and leader of staff. 10. Provides vision and sets operational goals to achieve X the CRA vision, and identifies and analyzes administrative problems, and implements operational changes. 8 Comments (Note strengths and areas in need of improvement for the next year): 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 Weiaht Ratina 1 2 ~ ~ ~ 1. Uses diplomacy and tact during interactions with others, X particularly during times of disagreement. 2. Develops and maintains rapport and collaborative relationships with officials, co-workers, developers, city staff X and the general public. Listens to and considers suggestions and complaints to respond appropriately. 3. Displays sensitivity to the feelings of others. X I Comments (Note strengths and areas in need of improvement for the next year): 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 Weiaht Ratina 1 2 3 ~ 5 1. Performs under stress or when confronted with critical and/or high priority activities, events, or unusual situations in which X working with speed and sustained attention are make or break aspects of the job. 2. Communicates effectively and efficiently with persons of X varying educational and cultural backgrounds. 3. Adjusts to constantly changing daily work flow by establishing y priorities for the completion of work. Comments (Note strengths and areas in need of improvement for the next year): 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 Neaotiation Performance Weiaht Ratina 1 ~ ~ ~ ~ 1. Negotiates the acquisition and disposition of real estate for the X CRA and manages the real estate assets held. 2. Serves as an in-house consultant and represents the CRA in f dealing with and interfacing, communicating and resolving issues and problems with other agencies on a variety of related matters. 3. Conducts, directs and oversees all Public Relations activities for X the CRA. 4. Meets and confers with Board Attorney in order to ensure that X' 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, X discussing architectural styles, and negotiating, and providing guidance etc. 6. Prepares and responds to email messages from the Board, X' staff, developers, City officials and other personnel. - 7. Attends monthly Board meeting and other requisite meetings in I order to keep abreast of activities and programs, and to provide information and/or answer questions as necessary. 8. Deals with conflict and develops effective resolutions. )( 9. Makes presentations to the CRA Board and facilitates public X meetings, workshops and negotiations on a regular basis. Comments (Note strengths and areas in need of improvement for the next year): 11 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 Weiaht Ratina 1 g 3 4 ~ 1. Prepares written evaluations on the status of a program or y project for the Board of Directors. 2. Produces written documents in English with clearly organized thoughts with proper sentence construction, punctuation and y grammar. Comments (Note strengths and areas in need of improvement for the next year): Board of Director's Independently Derived Scores: Competencies Competency Scores: K AD & LD OP IP ADP OC WC NEG Name: Chairman Taylor Name: Vice-Chair Rodriguez Name: Board Member McCray Name: Board Member McKoy Name: Board Member Weiland Final Consensus Score Across Five (5) Raters 12 Competency Leaend: K = Job Knowledge AD&OP = Administration & Organizing and Planning LD = Leadership IP = Interpersonal ADP = Adaptability OCNEG = Oral Communication and Negotiation WC = Written Communication 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 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 "tIS 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 ComDleted 1. 2 3. 4. 5. 13 EMPLOYEE COMMENTS: 1. We have reviewed the job description for my job and the Yes No competencies, and it reflects my job duties. 2. This review is generally consistent with my view of my Yes No performance. 3. Comments: 4. This appraisal has been discussed with me by the Chairman of the Board. Yes No Employee Signature: Date: 14 (2 We~(U'\- ~ l c~M..~>~~O..J C26' ; 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 r-;urpose 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. While no one can deny that total objectivity is not possible as it 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 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. 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 appraisal. Four Stages 1. Preparation 2. Performance Review 3. Independent rating 4. Consensus rating r---- 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 your evaluation (e.g., observations in meetings, one-one- meetings, review of reports, other) 2 ~--------_._-_._---- ------ ~- _._~----~---- Performance 1. Review your materials. Do your best to link the performance Review 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. Continue the same for each competency. Reviewers' 1. After all Raters have independently conducted their performance Consensus review, each interviewer will return his or her final rating to the Rating CRA Human Resources Representative for compilation. 2. The HR Representative is charged with documenting each rating for each competency, finalizing scoring and developing a complete consensus rating. 3. The HR Representative will outline board recommendations for improvement, goals and measurements for the upcoming appraisal period (typically one year). 4. The consensus appraisal will be given to the CRA Board Chair who will meet with the Executive Director to discuss in detail. The I results of that meeting along with any recommendations will be J presented at a CRA Board Meeting for Board approval. 3 COMPETENCY-BASED PERFORMANCE APPRAISAL NAME: Lisa Bright REVIEWERS: Board of Directors DATE: October 15, 2007 NUMBER OF DIRECT REPORTS: 8 POSITION: Executive Director ORGANIZATION: Boynton Beach CRA ANNIVERSARY DATE: June 20,2005 REPORTS TO: CRA Board Ratina Scale and Definitions. Weiaht Scale for Competencies Ratina Scale: Each competency will be rated Weiaht 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 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. 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 Interpersonal fully satisfactory level, meets the 10% 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. TOTAL: 100% 5. Outstanding: Exceptional performance of high caliber with a remarkable and documented level of achievement and pacesetting performance. 5 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 ~ 3 ~ ~ 1. Identifies industry groups (Le., 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 implementation. 2. Initiates, plans and directs the implementation of ~ / the adopted redevelopment plans (Le., 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 overall agency direction, j 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 6 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 till)e management. Administrative Weiaht Perlormance Ratina ! 6 ~ ~ 5 1 . Oversees preparation of the annual operating budget and capital plan by meeting with the Finance Director and other department heads to present to the CRA Board for approval, and approves and reviews budgetary and financial reports. 2. Handles all Board matters, policy matters and other related issues in order to accomplish Board Directives. 3. Sets all Board monthly meeting agendas and has oversight for all Board packets to ensure correct material is in packets. 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 operational duties and issues for the CRA. Comments (Note strengths and areas in need of improvement for the next year): 7 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 te?m member and leader. Ability to apply supervisory, management and leadership principles, practices concepts and techniques. Abilityto 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 Weiaht Performance Ratina 1 6 1. Oversees and is responsible for the final selection, 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. Meets with subordinate(s) to discuss and review job performance as necessary. 4. Analyzes and evaluates working conditions for improved employee output and requests and evaluates both written and oral input from employees to improve departmental services. 5. Conducts supervisory conferences or discussions with subordinates in reference to their performance; provides positive and corrective feedback. 6. Visits subordinates on-site to observe their work and to provide assistance and input as necessary. 7. Informs subordinates of how their efforts, in any given project, affected the outcome of the total project. 8. Writes performance appraisal reports. 9. Engages in an on-going reinforcement of working as a team including process improvement review and implementation, both individually and as a team member and leader of staff. 10. Provides vision and sets operational goals to achieve the CRA vision, and identifies and analyzes administrative problems, and implements operational changes. 8 3 Comments (Note strengths and areas in need of improvement for the next year): 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 Weiaht Performance Ratin" 1 2 3 1. Uses diplomacy and tact during interactions with others, particularly during times of disagreement. 2. Develops and maintains rapport and collaborative relationships with officials, co-workers, developers, city staff and the general public. Listens to and considers suggestions and complaints to respond appropriately. 3. Displays sensitivity to the feelings of others. Comments (Note strengths and areas in need of improvement for the next year): 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 Weiaht Performance Ratina 1 2 3 4 5 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): 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. .f\bility 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 Neaotiation Weiaht Performance Ratina 1 6 ~ ~ ~ 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 dealing with and interfacing, communicating and resolving issues and problems with other agencies on a variety of related matters. 3. Conducts, directs and oversees all Public Relations activities for the CRA. 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. 6. Prepares and responds to email messages from the Board, staff, developers, City officials and other personnel. 7. Attends monthly Board meeting and other requisite meetings in order to keep abreast of activities and programs, and to provide information and/or answer questions as necessary. 8. Deals with conflict and develops effective resolutions. 9. Makes presentations to the CRA Board and facilitates public meetings, workshops and negotiations on a regular basis. Comments (Note strengths and areas in need of improvement for the next year): 11 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 Weiaht Performance Ratina 1 2 3 4 1. Prepares written evaluations on the status of a program or project for the Board of Directors. 2. Produces written documents in English with clearly organized thoughts with proper sentence construction, punctuation and grammar. Comments (Note strengths and areas in need of improvement for the next year): Board of Director's Independently Competencies Derived Scores: Competency Scores: K AD& LD IP ADP OC WC OP NEG Name: Chairman Taylor Name: Vice-Chair Rodriguez Name: Board Member McCray Name: Board Member McKoy Name: Board Member Weiland Final Consensus Score Across Five (5) Raters 12 Competency Leaend: K = Job Knowledge AD&OP = Administration & Organizing and Planning LD = Leadership IP = Interpersonal ADP = Adaptability OCNEG = Oral Communication and Negotiation WC = Written Communication 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 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 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. 13 EMPLOYEE COMMENTS: 1. We have reviewed the job description for my job and the competencies, and it reflects my job duties. 2. This review is generally consistent with my view of my performance. 3. Comments: Yes No Yes No 4. This appraisal has been discussed with me by the Chairman of the Board. Yes Employee Signatur Date: /~ dX-07 14