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Agenda 07-08-08 /'"..~~ I~' .. .' ("q ~ '\ ' ~~~~Y~T2~ eRA ill East Side-West Side-Seas.,de RenaIssance If any person decides to appeal any decision made by the Board with respect to any matter considered at this meeting, he or she will need a record of the proceedings, and that, for such purpose, he or she may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. CRA Board Meeting Tuesday, July 8, 2008 at 6:30 PM City Commission Chambers 100 E. Boynton Beach Blvd Boynton Beach, FL 33435 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. Announcements & Awards: VI. Consent Agenda: A. Approval of Minutes - CRA Board Meeting - June 10,2008 B. Approval of the Period-Ended June 30, 2008 Financial Report C. Approval of Funding $50,000 from the Homebuyers Assistance Program to Kristen Gallagher B. Consideration of Revised Trolley Route and Schedule C. Discussion Regarding the CRA Policing Program D. Consideration of Financial Impacts for the Museum of Lifestyle and Fashion History E. Presentation of HOB Work Program Progress F. Update on CRA Budget Shortfall G. Update on Purchase and Sale Agreement for Southern Entertainment H. Consideration of Adding General Contractors to the CRA Approved GC List XII. New Business: A. Consideration of Auditor Selection B. Consideration of CRA Boundary Amendment XIII. Future Agenda Items XIV. Comments by Staff XV. Comments by Executive Director XVI. Comments by CRA Board Attorney XVII. Comments by CRA Board XVIII. Adjournment ;:" ~t- ?" ""' '" ' ~~<1Y~T2~ eRA iii East Side - West Side-Seaside Renaissance If any person decides to appeal any decision made by the Board with respect to any matter considered at this meeting, he or she will need a record of the proceedings, and that, for such purpose, he or she may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. CRA Board Meeting Tuesday, July 8, 2008 at 6:30 PM City Commission Chambers 100 E. Boynton Beach Blvd Boynton Beach, FL 33435 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. Announcements & Awards: VI. Consent Agenda: A. Approval of Minutes - CRA Board Meeting - June 10,2008 B. Approval of the Period-Ended June 30, 2008 Financial Report C. Approval of Funding $50,000 from the Homebuyers Assistance Program to Kristen Gallagher B. Consideration of Revised Trolley Route and Schedule C. Discussion Regarding the CRA Policing Program D. Consideration of Financial Impacts for the Museum of Lifestyle and Fashion History E. Presentation of HOB Work Program Progress F. Update on eRA Budget Shortfall G. Update on Purchase and Sale Agreement for Southern Entertainment H. Consideration of Adding General Contractors to the CRA Approved GC List XII. New Business: A. Consideration of Auditor Selection B. Consideration of CRA Boundary Amendment XIII. Future Agenda Items XIV. Comments by Staff XV. Comments by Executive Director XVI. Comments by CRA Board Attorney XVII. Comments by CRA Board XVIII. Adjournment MINUTES OF THE COMMUNITY REDEVELOPMENT AGENCY MEmNG HELD ON TUESDAY, JUNE 10, 2008, AT 6:30 P.M. IN CITY COMMISSION CHAMBERS, BOYNTON BEACH, FLORIDA PRESENT: Jerry Taylor, Chair Jose Rodriguez, Vice Chair Woodrow Hay Marlene Ross Ron Weiland Lisa Bright, Executive Director James Cherof, Board Attorney I. Call to Order - Chainnan Jeny Taylor Chair Taylor called the meeting to order at 6:31 p.m. II. Pledge to the Flag and Invocation Mr. Hay gave the invocation, followed by the Pledge of Allegiance to the Flag. 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 None. B. Adoption of Agenda Motion Mr. Hay moved to adopt the agenda as presented. Vice Chair Rodriguez seconded the motion that passed unanimously. V. Announcements and Awards: A. July 4th Salute to Independence The board and the public viewed the t (PSA). Kathy Biscuiti, Special Events Manager, announced the Public Service Announcement for the July 4th Salute to Independence was currently televised on BBlV. The celebration would be free and would be held at Intracoastal Park from 6:30 p.m. to 9:30 p.m. on Friday, July 4, 2008. Trolley service would be available from 5:30 p.m.-10:00 p.m. Food and beverages would Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida June 10, 2008 be offered for sale on the premises. Live entertainment would be provided by the Ovation Band and fireworks by Grucci. Mayor Taylor would deliver a speech, a patriotic salute would be offered by the Fire and Police Honor Guards, and a soloist would sing the National Anthem. VI. Consent Agenda A. Approval of Minutes - CRA Board Meeting - May 13, 2008 B. Approval of Minutes - CRA Board Special Meeting - May 20, 2008 C. Approval of the Period ended May 31, 2008 Rnancial Report D. Approval of Funding up to $1,500 from the Community Meeting Grant Program to Inlet Cove Association (INCA) E. Approval of a Commercial Facade Improvement Grant to Rrst Financial Plaza F. Approval of Purchase and Development Agreements between the CRA and Habitat for Humanity for 219 NW 11th Avenue G. Approval of Board Travel to International Downtown Association's (IDA) 54th Annual Conference - September 11-14, 2008 H. CRA Policing Activity Report for the Month of April 2008 and District Statistics for the months of April and May 2008 (Info. Only) I. Update on Police Athletic League Request for Funding (Info Only) J. Boynton Harbor Marina Operations Update (Info Only) K. Boynton Beach CRA and Trolley Website Updates (Info Only) L. INCA Views Newsletter (Info Only) Items H, I and J were pulled by Vice Chair Rodriguez for discussion. Motion Ms. Ross moved to approve the Consent Agenda, with the exception of Items H, I, and J. Mr. Hay seconded the motion that passed unanimously. VII. Pulled COnsent Agenda Items: H. CRA Policing Activity Report for the Month of April 2008 and District Statistics for the months of April and May 2008 (Info Only) Vice Chair Rodriguez asserted the statistics did not provide any basis for comparison for 2007 and 2008, and the effect of the additionional the five CRA police officers could not be 2 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida June 10, 2008 determined. Although the statistics indicated there appeared to be a reduction in crime, no explanation was offered as to why crime was reduced. This information was necessary in planning the 2009 CRA budget. Vivian Brooks, Assistant Director, responded she would obtain the requested information from the police chief. Chair Taylor requested the police chief attend the next meeting in order to provide a clearer understanding of the issue. Motion Vice Chair Rodriguez moved to approve Item H. Mr. Weiland seconded the motion that passed unanimously. I. Update on Police Athletic League Request for Funding (Info Only) Vice Chair Rodriguez noted funding requested for the Youth Violence Prevention Project (YVPP) last year was denied, as a line item was not available in the budget. Currently, a line item was available for partial funding. Vice Chair Rodriguez believed it should have been indicated at the time the request was made that a line item was available. Further, he contended staff never provided any feedback regarding availability of funds, whether on a one-time, annualized or recurring basis. Ms. Ross noted she had contributed $1,000 to YVPP from her discretionary funds in her capadty as a City Commissioner. At the May 13, 2008 CRA meeting, Officer Tome, Director of the Police Athletic League (PAL), was asked to determine whether funds could be used from drug forfeitures. Officer Tome ascertained the forfeiture funds could not be used to send the basketball teams to the tournaments. Chair Taylor noted a line item for contingency funds of $10,000 was available in the CRA budget for one-time donations. Lisa Bright, Executive Director, pointed out that funding for YVPP would require an amendment, and the board previously voted not to pursue an amendment. While staff was not making any recommendation, the board could contribute to PAL from the $10,000 remaining in the contingency fund. Motion Mr. Weiland moved that funding not be provided at this time. Ms. Ross seconded the motion that passed unanimously. J. Boynton Harbor Marina Operations Update (Info Only) Vice Chair Rodriguez inquired as to the number of charter boats and public-use boats located at the Marina. 3 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida June 10, 2008 Mike Simon, Development Manager, advised, of the 24 slips at the Marina, four were vacant, five were used for private boats and 15 commercial vessels were used for diving, fishing and pleasure charters. Vice Chair Rodriguez referred to the Palm Beach County Commission's Executive Brief which required the Marina to make eight slips available for commercial charter vessels, and the remaining 16 slips for lease to the general public. As the Marina prOVided lS boat slips for commercial charter boats, the CRA had exceeded the requirements of the County's $2M grant. Ms. Bright pointed out the former CRA members called for the acquisition of the Marina in order to encourage development; however, the current board could change direction as staff moved toward the reconfiguration of the boat slips. The staff report indicated International Marine Recovery (IMR) approached the CRA for an in- kind three-month lease to house its operations for filming marine-related activities. Ms. Bright explained this item was included in the staff report as, it was previously mentioned an individual boat owner had been denied rental of a boat slip. She noted staff had not been renting the boat slips on a long-term basis. The board recently approved a work order with MSCW to reconfigure the slips; however, staff did consider a three-month lease with IMR, since the actual construction of the boat slips would not begin until the filming had concluded in early September. Jeff Moore, of IMR, advised IMR had been approached by a major production crew to film a pilot for a television series to be presented to the networks. IMR was hoping to house its base of operations at the Marina. He contended this would attract industry attention to the Marina, and provide a positive economic impact. Mr. Moore believed the television crew would engage in the community in the project. It was anticipated filming for the pilot would begin in July and by the end of the year, IMR would know whether the series would be picked up by one of the networks. Captain Brad Williamson, of IMR, advised IMR would be housing a 30-foot Stapleton Boat, and 38-foot dive boat at the Marina. The project would be chronicled by Bob Weller, a renowned writer and father of Captain Williamson. Ms. Bright noted for the record, IMR was not based at the Marina at this time, and unless the board approved the request, staff would not be moving forward. If the board wished to move forward, IMR would provide in-kind participation by working with the various youth programs in the City. Vice Chair Rodriguez believed citizens on a waiting list should be offered the first right of refusal for the three-month leasing of the boat slips. Chair Taylor and Mr. Weiland believed the project would present a wonderful opportunity for the City and would be in favor of granting the request. Mr. Hay concurred. Motion Mr. Weiland moved to approve Item J. Mr. Hay seconded the motion that passed 4-1 (Vice Chair Rodriguez dissenting). 4 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida June 10, 2008 VIII. Public Comments Chair Taylor invited public comments on items not on the agenda. Mack McCray, 806 NW 4th Street, noted he requested, at a previous Commission Meeting, a copy of the contract with Goren, Cherof, Doody and Ezrol for legal services. In addition to the contract, Mr. McCray was requested copies of all invoices submitted by Mr. Cherof to the CRA. Victor Norfus, 261 N. Palm Drive, inquired whether the matter of Intergenerational Funds would be included on the agenda. Chair Taylor noted this item would be addressed under the Executive Director's report. Jamie Latour, 1613 NE 4th Street, requested all residents on NE 4th Street be permitted to apply for the Heart of Boynton (HOB) grant, in the event they wished to improve their homes. Currently, the east side of NE 4th Street could apply for the grant while the west side could not, and it appeared from the CRA map that NE 4th Street was the only divided street. He requested the board consider including all of NE 4th Street as part of the HOB, and bringing this issue before the Oty Commission. Herb Suss, 1711 Wood Fern Drive, noted he was upset by the City's budget proposal to eliminate the CRA staff and requested clarification. Chair Taylor advised a list was created by the Oty Manager's office which provided a number of options for budget cuts. The preliminary budget was reviewed in depth at the last City Commission meeting and included items recommended to be eliminated or reduced. Chair Taylor emphasized that during budget preparation, every item is reviewed for the purpose of exploring cost-saving measures. The elimination of the CRA staff was not a consideration. Additionally, the City preserved the tax rate, saved jobs, and ensured the impact on the level of services would be minimal. Ms. Ross noted she did not request CRA staff cuts be included on the list created by the City Manager. Mr. Suss also asked why the CRA members had not appointed seven citizens to serve on the board, which he contended they promised to do. Vice Chair Rodriguez pointed out a minority of the board members indicated they would consider appointing an independent board; however, a majority vote would be required to implement such change. No one else having come forward, Chair Taylor closed the public comments. IX. Public Hearing: Old Business: New Business X. Old Business: A. Consideration of Legal Action Against Delray Boynton Academy 5 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida June 10, 2008 Attomey Cherof advised the CRA partnered with the County to support the purchase of the Delray-Boynton Academy. The Academy received a $50,000 grant from the County and a matching grant from the CRA. The board previously made a decision not to forgive the indebtedness to the CRA, but did not provide direction with respect to recovery of the funds. It was recommended this debt be pursued in the same manner as the CRA or the City pursued any other debt. Motion Vice Chair Rodriguez moved that the board proceed with legal action to recover the $50,000 grant. Ms. Ross seconded the motion that passed unanimously. B. Approval of Holiday Extravaganza Parade Route Ms. Biscuiti noted she requested approval of the parade route at a previous meeting. The 38th Annual Holiday Parade would be held December 6, 2008. It was likely 4th Street would be under construction at that time and would not be accessible. Ms. Biscuiti was requesting approval of the alternate plan, which was included with the meeting materials. She noted it could take months to obtain the necessary permits. Chair Taylor recommended permits be obtained for both 3rd and 4th Streets in the event 4th Street was not accessible. Motion Mr. Hay moved to approve the route. Mr. Weiland seconded the motion that passed unanimously. C. Consideration of Conceptual Master Developer Agreement with Auburn Group for the MLK Corridor Ms. Bright noted in July 2007, the board directed staff to negotiate a Master Development Agreement for development of the 26.3 area from Seacrest Boulevard to Federal Highway, known as the MLK Corridor. Staff had worked with the owners and developers to define the project into three phases and identify financial responsibilities. Staff sought policy direction from the board. Financial constraints and the Aorida Supreme Court Decision in Strand v. Escambia County had impacted the CRA's ability to meet Aubum's requested participation. The decision rendered in August 2007, disallowed all bonding and financing capabilities for special taxing districts. Unless the decision was overtumed, the CRA could not bond in order to effectuate the project. Cito Beguiristain, Vice President, Auburn Group, advised Aubum worked with the community and staff over the past ten months to develop the plan for the MLK Corridor, and anticipated the project would be the catalyst for redevelopment of the entire downtown area. The for-profit company was based in Palm Beach County and was one of the largest affordable housing, neighborhood revitalization developers in Florida. 6 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida June 10, 2008 Mr. Beguiristain provided a PowerPoint presentation, a copy of which is on file in the City Clerk's office. He noted the City's desire to provide affordable housing while preserving the quality of neighborhoods and assuring availability of workforce housing. Auburn's overall plan provided for economic, social, historical and cultural sustainability. Phase I of the plan would consist of 160 rental units for senior citizens, and a 4,500 square foot senior center on Seacrest Boulevard. Benefits to the CRA would include an increased tax base, development opportunities, leveraging CRA dollars with the private sector as well as State and County Funds, removal of blight, increased crime prevention and a foundation for the Downtown Master Plan. Auburn's total request consisted of a contribution of 2.03 acres valued at $1.SM, an infrastructure loan of $1,920,000 and demolition of the existing structures at a cost of $300,000. Phase II would consist of 237 townhouses and condominiums, and would create a central MLK green area. Benefits to the CRA would include an increased tax base, development opportunities, leveraging CRA investment with private sector dollars, removal of blight, workforce housing and a foundation for the Downtown Master Plan. Auburn's total request consisted of an infrastructure loan, $2,844,000, demolition, $275,000, and down payment assistance for homebuyers, $2,500,000. The infrastructure loan would be forgiven upon completion of this phase. Phase ill would consist of neighborhood retail businesses and non-profit space, and would proVide a catalyst for redevelopment, increased crime prevention, improved quality of life and removal of blight. Auburn requested the CRA to lease or purchase retail space for non-profit uses. Phase IV would consist of 304 condominiums and townhouses, retail space and a parking garage on Federal Highway. In addition to the redevelopment, the CRA would acquire commercial space in the garage. This phase would create employment, remove blight, and leverage CRA dollars with private sector funds. It would also provide the CRA with an increased tax base, development opportunities, community commercial space ownership and a foundation for the Downtown Master Plan. Auburn's total request consisted of $12,920,000 for the infrastructure loan and $150,000 for demolition. The proposed development would provide $22,596,000 in taxes to the Oty over 20 years. A question arose regarding the use of eminent domain as set forth in the draft of the Master Development Agreement. Mr. Beguiristain advised the language should not have been included and would be removed from the agreement. It was noted earlier the construction of Phase IV would not begin until 75% of the units had been sold. Mr. Beguiristain was asked whether there was a time limit for the requirement. He explained he believed the absorption required to bring the development to completion was feasible. Mr. Beguiristain was asked to specify the circumstances by which the agreement could be terminated. Mr. Beguiristain pointed out zoning issues or the inability to acquire land for development could result in termination. He noted the agreement was before the board in draft 7 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida June 10, 2008 form and would have to be finalized by the attorneys for the CRA and Auburn. Auburn sought approval from the board to proceed with the agreement. A question arose as to the repayment strategy for the loans. Mr. Beguiristain explained the loans would not be forgiven until Auburn met all of its obligations to the CRA. The CRA would be investing approximately $20M in the project. Mr. Beguiristain advised $2,220,000 would be required for Phase I, and would be due by the CRA at the time Auburn had received the necessary approvals and was prepared to commence construction. However, in order to lessen the impact on the CRA's budget, a payment of $1.1M could be made at the end of 2009, with the balance to be made after October 2010. Mr. Beguiristain advised Auburn sought conceptual approval to move forward. Motion Mr. Hay moved to approve the concept of moving forward. Mr. Weiland seconded the motion. Chair Taylor invited public comments. Mack McCray, 806 NW 4th Street, believed the project was good; however, he expressed concern relating to workforce housing for professionals. He believed it would be discriminatory if the workforce housing were closed to non-professionals. Herb Suss, 1711 Wood Fern Drive, noted he was impressed with the project. He inquired whether a lobbyist was involved in the project and if so, who was the lobbyist and what was the fee? Ms. Bright pointed out the developers had their own in-house lobbyist who worked directly for the Auburn Group. Victor Norfus, 261 N. Palm Drive, addressed issues pertaining to density, on-site security and congestion. He believed the Senior Center proposed in Phase I should include other uses within the community. He inquired as to the ratio of citizens versus non-citizens who would be residing in the senior rental units, whether they would be disabled and required assistance, and whether the rental units were affordable. He expressed concern with the difficulty in establishing neighborhood watch programs and believed a police substation should be established in the area. He inquired as to how the process would include individuals who did not wish to sell their property, but wished to be included in the redevelopment. He contended the plan did not address health and quality-of-Iife issues, and hoped citizen feedback would be considered during the planning process. Ms. Bright clarified some of the issues addressed. She pointed out a public meeting was previously held which unveiled the project to the community and provided a forum for public input. Three Commissioners were present, and staff clearly indicated the CRA was desirous of purchasing the retail area along Seacrest Boulevard for a clinic, the Caring Kitchen, the Women's Circle and Sims Barber Shop. Land acquisition had always presented a challenge to the project. 8 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida June 10, 2008 Discussions relating to the use of eminent domain did not pertain to private property but rather to public amenities (roadway and streetscape improvements). She pointed out the CRA had no authority to take property by the use of eminent domain. Ms. Bright advised she would discuss with the Police Chief, the possibility of establishing a police substation in the area. As mentioned earlier, five police officers had been added to ensure double coverage. Chair Taylor believed the major priority of the CRA board was to redevelop the Heart of Boynton. ~ The motion passed unanimously. XI. New Business: A. Consideration of Contract with Goren, Cherof, Doody and Ezrol for legal Services Attorney Cherof advised the fixed rates under the terms of the contract were not subject to adjustment without renegotiation and approval by the board. The new rates were included with the meeting materials. Motion Mr. Hay moved approval. Mr. Weiland seconded the motion that passed unanimously. B. Presentation of Boynton Harbor Marina Conceptual Plan David Perry was accompanied by Skip Harvey, both of MSCW, Inc., 4750 New Board Street, Orlando, Florida. The project had been identified as part of the Comprehensive Plan and Downtown Master Plan for the redevelopment of the downtown area. MSCW, Inc. was working with the County to develop a transit-oriented development Master Plan for marinas throughout Palm Beach County. Mr. Perry presented an overview of MSCW, a multi-disciplinary firm offering planning, landscape architecture, civil engineering and transportation design services. MSCW was established more than 30 years ago and maintains offices in Orlando and on the Treasure Coast. The presentation would include a review the objectives of the project, cost estimates, an analysis overview and timeframes for the process. The project was located at the heart of the downtown area, bound on the south by Ocean Avenue, on the north by Boynton Beach Boulevard, and on the west by 6th Avenue. Mr. Perry noted the objectives of the project pertained to enhancement of public and private ownership properties and to improve the waterfront usage for public access. A major element of the design would increase the functionality of the project site from a vehicular, pedestrian 9 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida June 10, 2008 and marine design standpoint. MSCW identified, interviewed and engaged the individual properties owners in the design process. Mr. Weiland left the dais at 8:26 p.m. The planning of the project would create an urban design space and serve as a catalyst for marina development while creating a destination place for residents. The site would be maximized for public usage and would support business development. The architectural element of the project would provide a timeless style design. Attorney Cherot left the dais at 8:27 p.m. Mr. Perry noted the engineering elements of the project were sensitive in nature and would incorporate the existing Banana Boat and Two Georges Restaurants. The objective was to maximize the visual aspects of the project and minimize the underground infrastructure design costs. Mr. Weiland retumed to the dais at 8:29 p.m. Multiple designs and alternatives were considered for the Marina. Boat access was of primary concern. The Marina had been selected as a key project in order to maintain commercial boating activities within the HOB. A primary aspect of the project was to consider how the project would fit into the fabric of the surrounding area. Consideration was to be given to maximizing under-utilized areas to facilitate additional parking. Angled and parallel parking would provide approximately 25 spaces within the existing rights-of-way, and valet spaces for use by the restaurants would be defined. Attorney Cherot returned to the dais at 8:30 p.m. As part of the project, a Waterfront Park would be located to the north of the Two Georges Restaurant. A major focus of the Master Plan was to create improved pedestrian accessibility into the Marina and a park-like atmosphere. Parking west of the Marina could be designated for boat usage and to provide access to drift boats housed at the Marina. Current circulation patterns had recently undergone redesign and reconstruction to provide safer pedestrian access. The Waterfront Promenade would stretch along the waterfront and consist of a covered structure similar to a Key West style of architecture. Separate pedestrian usage areas would be created and a parallel walkway would run along the bulkheads. The Banana Boat Restaurant would be located on the east end, with the Waterfront Promenade wrapping around the Marina frontage. MSCW performed an in-depth analysis on the current signage, and multiple concepts were developed. One of the concepts was reminiscent of a Florida Key West architectural style. MSCW would be developing a detailed interior directional signage package that would be tied together from a theme design standpoint. Vice Chair Rodriguez left the dais at 8:37 p.m. 10 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida June 10, 2008 The Waterfront Park would incorporate an interactive fountain, outdoor seating, performance area, harbormaster's building and restroom facilities. MSCW proposed relocating the entrance to the Two Georges Restaurant from the north side of the building, and the property owner has embraced the proposed design. An interactive children's fountain and a public art element would be included in the park. A conceptual design was proposed for the harbormaster's building and restroom facilities. An existing dive shop was located at the main entrance of the project. The design of the harbormaster's building would be in the Key West style and was intended to resemble a permanent structure. The harbormaster's building would be located on the first floor and the second floor space could be leased. The fueling stations would be relocated to accommodate a new fueling and pump station. The park would include shade and canopy structures covering the performance and outdoor seating areas. Movable furniture would be proposed for these areas as well. Open lawn areas would be created for additional outdoor seating. Preliminary construction costs were $4M for the Marina improvements, and $1.9M for the park design and infrastructure utility improvements, for a total of approximately $5.9M. Mr. Perry believed MSCW could deliver a quality design within the projected budget. The total estimated timeframe for the project would be two years. The next steps would be: . Finalizing the Master Plan; . Moving toward the final construction design; . Obtaining a detailed field survey; . Developing the final site plan; . City site plan approval process; . Final construction plan development; and . Permitting. Mr. Harvey commented on the timeframe for the Department of Environmental Protection (DEP) permitting, noting there was an existing permit for the proposed slip improvements within the Marina. Additionally, the permits that were anticipated to take the longest to secure would be applied for early. The existing bulkhead and restaurant improvements were currently located within the Intracoastal Waterway. The Army Corps of Engineers and DEP permitting would be required for the relocation of the fuel dispensers, pumps and green shade structures. Ms. Bright requested a motion for conceptual approval. 11 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida June 10, 2008 Motion Ms. Ross moved for conceptual approval. Mr. Hay seconded the motion that passed 4-0 (Vice Chair Rodriguez was not present for the vote). Herb Suss, 1711 Wood Fern Drive, inquired whether any thought had been given to selling the boat slips for condominiums. Ms. Bright advised the slips could not be sold for condominiums. C. Consideration of Proposal from RTG Construction Chair Taylor noted RTG construction intended to purchase and construct eight single-family homes on in-fill lots in the HOB and sell them to low-to-moderate income buyers. Once the buyers qualified for the requisite mortgage and down payment assistance, RTG would commence construction of the homes. Ms. Ross left the dais at 8:55 p.m. Chair Taylor and Messrs. Weiland and Hay disclosed that they had met with the developer. Jeff Wooster, 828 South Road, advised he was President of RTG Construction. In addition to the construction of the eight homes, he would be completing three homes on Seacrest Boulevard by the end of the year, providing 11 new affordable homes in the HOB. RTG would be funding the purchase of the land and the construction costs to complete the homes. At the time of sale, RTG would request down payment assistance for qualified buyers. Mr. Wooster, a resident of Boynton Beach, operated RTG out of the City as well. RTG had been active in the Delray Beach Community Land Trust, having constructed more than 35 houses in the past two years. Chair Taylor and Messrs. Weiland and Hay noted their support for the project. Ms. Brooks noted she was very impressed with RTG's work and had never known any company to complete projects faster. However, she did wish to clarify the project would not be completed in six months as it was RTG's practice to pre-sell the houses before they were built. RTG was requesting the CRA set aside a source of funding for down payment assistance to qualified buyers. Ms. Bright pointed out a line item had been set aside for the funding in next year's budget. Motion Mr. Hay moved that the board approve the support of RTG's proposal. Mr. Weiland seconded the motion that passed 3-0 (Vice Chair Rodriguez and Ms. Ross were not present for the vote). D. Presentation of Museum of Lifestyle and Fashion History Lori Durante, Executive Director of the Museum of Lifestyle and Fashion History, advised the Museum was requesting the CRA consider the 1.4 acre site acquired by the Museum to be 12 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida June 10, 2008 included in the CRA district, and for the CRA to take ownership of the 1.4 acre site. The Museum would raise the monies to build and operate the facility on the site. Ms. Ross retumed to the dais at 8;59 p.m. Vice Chair Rodriguez retumed to the dais at 8;59 p.m. The project would enhance the City's cultural image, create a large economic boost for the City, and complement the CRA's mission to revitalize the downtown area. The project would also generate new jobs and increase tourism. Vacation and travel packages could be established with the Marina and Schoolhouse Children's Museum. The Museum of Ufestyle and Fashion History was the only museum in Palm Beach County approved to host traveling exhibitions from the Smithsonian Institute. Exhibitions were national and international, and Boynton Beach would be referenced in all of the Museum's marketing and promotional materials for any exhibits hosted in the City. Ms. Durante noted the National Gallery of Art and the Guggenheim Museum opened in 1937 during the Great Depression, stimulating the economy and providing hope and inspiration. She believed the Museum of Ufestyle and Fashion History would complement and enhance the economy of the City of Boynton Beach. Teen Woon, of Singer Architects, presented a conceptual design of the museum. During Phase I, the architects would work with the City's Planning and Zoning Department with regard to the CRA's visions, goals and concerns. It was the intent of the Museum to create a world- class, state-of-the-art facility to serve the community. The property was located on Seacrest Boulevard and included the entire front footage between SE 2nd Avenue and SE 3m Avenue, and would allow for the construction of a 90,000 square foot facility. It was the intent of the architects to create synergy between the museum, library and CRA area, while being sensitive to the residential area through the use of landscape buffers and transparencies. Mr. Woon provided a PowerPoint presentation of the proposed facility, a copy of which is on file in the City Clerk's office. Exhibition areas and galleries were included in the museum's design for the facility. Michael Kaufman, resident of Boca Raton, noted he was President and Owner of Kaufman Lynn General Contractors, located in Palm Beach County. Kaufman Lynn was established more than 20 years ago and specialized in institutional and governmental projects. Some of their projects included the Boca Raton Museum of Art and the Mizner Park Amphitheater, both of which were completed ahead of schedule. Kaufman Lynn was currently constructing the City of Miramar's Cultural Arts Park, a $25M project which will be completed two months ahead of schedule. The proposed Museum project would provide positive economic impacts to Palm Beach County, as well as to minority and women-owned businesses. Kaufman Lynn's policy provides for the inclusion of minority and women-owned businesses in all of its projects. Lawrence Davenport, resident of Delray Beach, advised he was Chairman of the Capital Campaign Committee. The committee was in the silent phase of the campaign which intended to raise $25M-$30M for the project. 13 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida June 10, 2008 In closing, Ms. Durante requested the board's consideration to include the project in the CRA district and for the City of Boynton Beach to take ownership of the land, with the stipulation that the Museum would raise the funds for the construction and operation of the permanent facility. Chair Taylor believed the museum would serve as an economic magnet for any community. He was impressed with the entire concept, as well as the museum's association with the Smithsonian Institute. The dilemma was that the museum owned 1.4 acres which were outside of the CRA district. The museum was interested in having the CRA boundaries expanded to include their property and have the CRA purchase the land to be leased back to the Museum. Chair Taylor did not favor expanding the CRA area, and the CRA had no funds with which to purchase the parcel. He wondered whether the museum could consider a land swap or the museum's 1.4 acres for land inside the CRA, but owned by the City. Ms. Durante favored the suggestion and indicated her interest in moving forward with the land swap. Vice Chair Rodriguez also suggested including the museum's property in the CRA district and removing something out of the CRA area. The board agreed the project was excellent and could provide cultural and economic benefits to the City. To that end, they wished to consider options that would move the project forward. It was emphasized City would have to agree to the land swap. Ms. Ross noted the museum's reputation for undertaking only the highest-quality projects in the community. Motion Mr. Hay moved that the board direct staff to work with Ms. Durante and her staff to come back with scenarios of the financial impact. Vice Chair Rodriguez seconded the motion that passed unanimously. E. CRA Budget Discussion Ms. Bright advised the Property Appraiser's projected revenues reflected a $lM loss. The City's loss in assessed valuation was approximately 10%, while the CRA's loss was 13.4%. The inconsistency between the loss to the City and the loss to the eRA was currently under investigation. Staff would report back to the Board once the infonnation was verified with the Property Appraiser's office. The shortfall represented a significant drop in the CRA's Tax Increment Funding (TIF) revenue and could impact bonding for future projects and the implementation of the Downtown Master Plan. Staff considered various options, including privatizing services, and applying First-In, First-Qut (FIFO) and Last-In, Last-Out (UFO) accounting principals. Preliminary budget projections were included with the meeting materials. Scenarios suggested to balance the budget included the elimination of funding for land acquisitions and new redevelopment projects for the coming year. Staff sought input from the board in order to prepare for the forthcoming budget workshop. 14 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida June 10, 2008 Susan Harris, Finance Director, discussed the draft budget. She explained fixed-operating costs of approximately $1.2M pertained to departmental budgets and excluded insurances, buildings and maintenance, and auditors' fees. The line item for the Executive Director included salaries, membership dues and travel. Salaries were also included in the line items for Finance, Planning, Marketing and Special Events. The draft budget included expenses for the southern and northern trolley routes and police services. These expenses would be reviewed to determine whether they should be cut from the budget. Ms. Harris noted the 29% increase in personal services resulted from the inclusion of professional services, such as the MSCW and RTG contracts, which were formerly in the Planning Department. Personal services should consist solely of administrative expenses and as such, professional services would not be included in future budgets. The board members agreed budget review was imperative, with certain "Iook-good, feel-good" items being reduced or eliminated in order to remain focused on the mission of the CRA. It was also agreed that only local travel should be considered. Staff would consider the suggestions and provide various scenarios to the board. XII. Future Agenda Items The Heart of Boynton (HOB) grant program pertaining to NE 4th Street would be addressed at the next meeting. XDI. Comments by Staff Ms. Brooks pointed out an error in a mortgage and note issued at the time the Homebuyers' Assistance Program was established. An amended mortgage and note was prepared replacing the "City of Boynton Beach" with the "Boynton Beach Community Redevelopment Agency." Several of the people required to execute the amended mortgage and note posed legal questions which could not be answered by Ms. Brooks. Attorney Cherof agreed to attend to this matter. XIV. Comments by Executive Director Ms. Bright advised County Commissioner Mary McCarty contributed $300,000 from gas tax funds to the CRA for 4th Street improvements. A thank-you letter was being drafted for Chair Taylor's signature. Resident Gertrude Sullivan had requested a donation of $4,000 for the community-based Intergenerational Gathering Event. Ms. Bright had never donated more than $1,500 to a single event, and she sought direction from the board. 15 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida June 10, 2008 Victor Norfus, 261 N. Palm Drive, pointed out the Intergenerational Gathering Event was comprised of neighborhood associations to address youth violence and bring about unity and diversity in the City. The board members requested a breakdown of the costs be submitted to the City Manager's office in order for the item to be placed on the agenda. Mr. Norfus indicated he would request Neighborhood Services provide the information. Mr. Weiland indicated he would donate $1,000 from his City Commission discretionary funds, and Ms. Ross agreed to donate a minimum of $500. XV. Comments by eRA Board Attorney Attorney Cherof advised forms were circulated to the board members pertaining to the purchase of two licenses held by Southern Entertainment Company. He requested the members complete the documents, as they were necessary for the closing on June 15, 2008. The board members agreed to provide the completed documents the following morning. XVI. COmments by CRA Board Vice Chair Rodriguez indicated he wished to be added to the list of attendees for the Travel and International Downtown Association (IDA) 54th Annual Conference, as set forth in VI. Consent Agenda, Item G. Motion Mr. Hay moved to approve adding Vice Mayor Rodriguez to the travel conference in Item G. Mr. Weiland seconded the motion that passed unanimously. Ms. Bright noted Ms. Brooks would be a guest speaker at the conference and would present a session on Workforce Housing Solutions. XVII. Adjoumment There being no further business to discuss, the meeting properly adjourned at 9:51 p.m. C~~. 0 / ~. -.<->-,,~ ~ Step anie D. Kahn Recording Secretary 061008 16 ~.. '.'. ~,.'.!',...J/",".'~'. ~,. " ~~~~Y~T8~rC RA 111 East Side-West Side- SeasIde Renaissance eRA BOARD MEETING OF: July8,2008 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 June 30, 2008. 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ZCl WD ~0:I ~E-< ZW Hl!) l!)O HD 0:::0:1 o Cl Z D "" E-< HD ~O WO::: ZW W"" 19(f.l IZ rl~ OE-< OO~ c: c: . 00 , rl r- rl , C"l , rl r- rl , C"l (j) ~ ~ , rl 00 00 Z W E-<p.., D><: OW (f.l W 0::: D E-< H Cl Z W p.., ><: W H F:t: E-< Z W :2; E-< 0::: F:t: p.., W Cl o o U') 0 rl 0 o co 0 rl (j) C"l \.011 CO ~II \.0 II U')II rl rl II ~ U')II \.0 , II ' U')II rl N II U') N II (j) , II Nil II 00 ~ C"l rl r- rl , C"l (j) C"l ~II CO U')II \.0 II ~ II rl 00 II ~ \.011 \.0 , II ' r-II .-i C"l II U') 011 (j) , II 011 .-ill 00 ~ C"l .-i r- .-i , C"l 00 (j) U') (j) U') (j) II ~ r-II (j) II r- II C"l (j) II 00 C"l II ~ , II ' .-ill (j) U')II C"l r-II \.0 , II ' rlll .-i II , (j) ~ ~ , .-i o 011 0 011 Nil , II C"lll \.011 Nil , II Nil .-i II II II o 011 0 011 Nil , II C"lll \.0 II Nil , II .-ill .-ill II II (f.l W 0::: D E-< H Cl Z W p.., ><: W E-< D o 0::: W "" (f.l Z ~ E-< H F:t: E-< o E-< 0::: W Cl Z D (f.l W 0::: D E-< H Cl Z W p.., ><: W H F:t: E-< o E-< ........ 0::: W > o (f.l W D Z W > W 0::: eRA BOARD MEETING OF: July 8, 2008 I x I Consent Agenda I Old Business New Business Public Hearing Other SUBJECT: Approval of funding Kristen Gallagher up to $50,000 from the Homebuyers Assistance Program SUMMARY: Ms. Kristen Gallagher is purchasing a single family townhome located at 1843 NE 5th Street, Unit #1506, in The Preserve. Ms. Gallagher's household income has been certified as low income per HUD 2008 guidelines. Ms. Gallagher will execute the CRA HAP documents which require the eRA to share the equity in the event the property is sold within 30 years of closing date. The HAP grant application as submitted and reviewed meets the criteria set forth in the approved program guidelines and therefore does not require a wavier of any kind. FISCAL IMP ACT: Up to $50,000 from Bond II proceeds. Line Item 58300-473. CRA PLAN, PROGRAM OR PROJECT: Home Buyers Assistance Program RECOMMENDATIONS: Approve up to $50,000 from the Homebuyers Assistance Program budget to assist Kristen Gallagher in the purchase of 1843 NE 5th Street, Unit #1506, in The Preserve, subject to execution of the CRA's mortgage, note and agreement at the closing of the property. 1/tfttd Assistant Director T:\AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS\Completed Agenda Item Request Forms by Meeting\FY 2007 - 2008 Board Meetings\08 07 08 CRA Board Meeting - July\Gallagher HAP.doc ABankUnited REQUEST OF SUBSIDY NEEDS LENDER CONTACT PERSON BUYER / BORROWER SELLER CONTRACT DATE CLOSING DATE PROPERTY ADDRESS YEAR BUILT BEDROOMS BATHS GARAGE TOTAL SQFT BANKUNITED YVETTE LOUKA KRISTEN GALLAGHER THE PRESERVE AT BOYNTON BEACH 5/17/2008 PHONE: 561-644-3702 PHONE: 561-603-1432 PHONE: 561-740-3111 1843 NEt5TH ST., BOYNTON BEACH, FL 33435 2007 3 3 PLEASE SEE E-MA1LED APPRAISAL INCOME CERTIFICATION DA TE FILE SUBMITTED # ADULTS: # CHILDREN MORTGAGE LOAN APPLICATION PACKAGE MORTGAGE TERM MORTGAGE INT. RATE INCOME CLASSIFICATION ANNUAL HOUSEHOLD INCOME FRONT RATIO BACK RATIO LOAN OFFICER 6/24/2008 I I 6/2412008 DELIVERED X 40 YEARS FIXED 6,625% LOW INCOME $38,129.64 40.45% 40.89% YVETTE LOUKA P#: 561-644-3702 SALES INFORMATION PURCHASE PRICE NON-PROFIT DEVELOPMENT FEE ESTIMA TE CLOSING COSTS DISCOUNT PREPAIDS TOTAL $239,990 $2227,76 $1615,04 $241,832,80 FINANCING INFORMATION 1ST MORTGAGE DEPOSIT CASH NEEDED TO CLOSE SUBSIDY (CRA) SUBSIDY HOP OTHER CREDIT $126,400.00 $1,000.00 $5794,10 $50,000 $59,998 $$7199,70 5 BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY HOMEBUYER'S ASSISTANCE PROGRAM APPLICATION Date: 6-:A5...o<6 Applicant Information Name/s of ApplicanUs: \'{'R \ <S\ 6N c:;. R L.L~C;; H 'GR Address of ApplicanUs: p ~ _ \- \04&0 (3o~(\\-C~f\; ~ \..,;\Y:c.\~..) f?;.~Tt-3;z..1 'BO,&,,\-co B~cy\ Address of Property To Be Purchased (if known): 0 FL- 334- 3'1- J:&t~ Nt:? J?11\ S'-: Bot^h~)C\ ~~CXI\ I \='L 334 3S Phone Number: 5" \ - G, V -3" 14'=3 '2. Cell Phone Number: s<: \.. "C>~.. \ 4-02 E-mail: t.<~affi.a.Ch~ @ iliU" O\a.~ . (.On') Total Household Income (must be verified with income tax returns, social security statement or pay stubs) $~,. 1'29 · b+ How many members in your household? ~ Please list their names, ages and relationship to applicant: Name: CHf):(u 15 H ;r-ONb"S,J'RAge: ~ Relationship: Sc:J<""\ Name: Age: _ Relationship: Name: Age: _ Relationship: Name: Age: _ Relationship: Name: Age: _ Relationship: Has anyone in your household owned a residence within the past year? Yes_ No~ T:\PROGRAMS & GRANTS\Home Buyer Assistance\Homebuyer Assistance Program GUIdelines 07-08.doc 6 CERTIFICATION AND WAIVER OF PRIVACY: The applicant(s) certify that all information presented in this application, and all of the infonnation furnished in support of the application, is given for the purpose of obtaining funding under the Bo)'nton Beach Community Redevelopment Agency Housing Assistance Program, and it is true and complete to the best of the applicant(s) knowledge and belief, The applicant(s) further certifies that he/she is aware of the fact that he/she can be penalized by fine andlor imprisonment for making false statements or presenting false infonnation. I hereby waive my rights under the privacy and confidentiality provision act, and give my consent to the Boynton Beach Community Redevelopment Agency Housing Assistance Program, its agents and contractors to examine any confidential information given herein. ] further grant pennission, and authorize any bank, employer or other public or private agency to disclose information deemed necessary to complete this application. Applicants acknowledge by signing below, that they have read the Housing Assistance Program Guidelines and hereby agree to the terms of the program. Applicant: Signature Si ature ~t\~-k~6a\\~hot Print Name: Date: lb\~6} aOOS Print Name: Date: T:\PROORAMS &. ORANTS\Home BuYer Assislance\Homebuyer Assistance ProgJam Guideline!! 07..oS.do<; ~ d BP~OOOOOSL.OH/90:~~ .is/~Q:~~ eoo~ g~ Hnr(OBM) HOl::l.:::t eRA BOARD MEETING OF: July 8, 2008 I x I Consent Agenda I Old Business New Business Public Hearing Other SUBJECT: Approval of funding Teasha Thomas and Kelly Thomas up to $50,000 from the Homebuyers Assistance Program SUMMARY: Teasha Thomas and Kelly Thomas are purchasing a single family townhome located at 1763 NE 6th Street, Unit #1506, in The Preserve. The Thomas' household income has been certified as moderate income per HUD 2008 guidelines. Teasha Thomas and Kelly Thomas will execute the CRA HAP documents which require the eRA to share the equity in the event the property is sold within 30 years of closing date. The HAP grant application as submitted and reviewed meets the criteria set forth in the approved program guidelines and therefore does not require a wavier of any kind. ~ FISCAL IMPACT: Up to $50,000 from Bond II proceeds. Line Item 58300-473. CRA PLAN, PROGRAM OR PROJECT: Home Buyers Assistance Program RECOMMENDATIONS: Approve up to $50,000 from the Homebuyers Assistance Program budget to assist Teasha Thomas and Kelly Thomas in the purchase of 1763 NE 6th Street, Unit #1508, in The Preserve, subject to execution of the CRA's mortgage, note and agreement at the closing of the property . ~ Vivian Brooks Assistant Director T:\AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS\Completed Agenda Item Request Forms by Meeting\FY 2007 - 2008 Board Meetings\08 07 08 CRA Board Meeting - July\Thomas HAP.doc ~~S@asid@ t.lIlII....,..llt...,k.!.,.lt.. ~I Date: Lender: Contact: Phone: Cell: Fax: Buyer(s): Seller: REQUEST FOR SUBSIDY June 27, 2008 Seaside National Bank & Trust 4290 Professional Center Drive, Suite 20] Palm Beach Gardens, FL 33410 Peggy S. Miller (561) 537-4048 (561) 602-9606 (561) 340-1225 Teasha Thomas Kelly Thomas The Preserve at Boynton Beach The Cornerstone Group Property Address: 1763 NE 6th Street Boynton Beach, FL 33435 Year Built: 2007 Garage: 1 Bedrooms: 3 Bathrooms:~___ Square Footage: 1557 Purchase Price: $239,990 Loan Amount $189,990 Subsidy Requested $50,000 Household Size: 3 (2 adults, 1 child - Alissa Thomas) Annual Income: $64,662.24 Income Classification: Moderate $ ]689.08/31.346% $295.00/36.820% Monthly Housing Expense/Front Ratio: All other Monthly Debt/Back Ratio: Additional Information: Teasha Thomas is a First Grade Teacher with the School District of Palm Beach County. Kelly Thomas is a Clerk with the State Attorney's office and is a Single Mother raising her Daughter, Alissa on her own with no child support. They are well within the guidelines mandated within the program and are deserving candidates. Please consider the Thomas Family for the $50,000 in assistance. "i BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY HOMEBUYER'S ASSISTANCE PROGRAM APPLICATION Date: I; L:,:)--]} C~J . Applicant Information 1~e~s~~ prKi~ Tt.~lP)rc~~~~~ (if tROr)ni{':rl a-~I)I F~_" :~?ft-,--=?t)'- Phone Number: 5 (D \ - G) 0 \ - J 0( 3-7 Cell Phone Number: 6 ro l~ G D \ - \ .~ 37 E-mail: '--,Hr)Dn1 a,('~-+e. c~ 'Till! y( J)eocl~) t K-';~, ,(; I. i l') Total Household Income (mL~4e vr2ftfi'!J:ith income tax returns, social security statement or pay stubs) $ ,- ,- 1,- How many members in your household? '~ '_ . .J Please list their names, ages and relationship to applicant: Name:\.f'C~C'J- ~~~S Age: a~ Relationship: W II QUI )+ -'j - Name: ~ e."\ \ "I ""cxY\O..::,~ Age:~. 0<. Relationship: -U# II COJr+ Name: '(~\\~<6CJ....~CX'YlC1.:)Age: Ji:L RelationshiP:T)CILI[1iVr1-~I/ \ ~ Name: Age: _ Relationship: Name: Age: ____ Relationship: Has anyone in your household owned a residence within the past year? Yes_ NoX TIPROGRAMS & GRANTSIHome Buyer AssistancelHomebuyer ASSIStance Program Guidelines 07-08 doc 6 CERTIFICA nON AND WAIVER OF PRIVACY: The applicant(s) certifY that all information presented in this application, and all of the information furnished in support of the application, is given for the purpose of obtaining funding under the Boynton Beach Community Redevelopment Agency Housing Assistance Program, and it is true and complete to the best of the applicant(s) knowledge and belief. The applicant(s) further certifies that he/she is aware of the fact that he/she can be penalized by fine and/or imprisonment for making false statements or presenting false information. I hereby waive my rights under the privacy and confidentiality provision act, and give my consent to the Boynton Beach Community Redevelopment Agency Housing Assistance Program, its agents and contractors to examine any confidential information given herein. I further grant permission, and authorize any bank, employer or other public or private agency to disclose information deemed necessary to complete this application. Applicants acknowledge by signing below, that they have read the Housing Assistance Program Guidelines and hereby agree to the terms of the program. APP~~ ~ ~ Ignature 1eQ~0--. lVomQS Print Name: Date: aLP (Th I O~ K. Applicant: . l.U-v6 ~::J'v~~0 Signature \(~,\ \'-1 \"" ~ WI <A. <;. Print Name: Date: ~ 2u , at T:\PROGRAMS & GRANTS\Home Buyer Assistance\Homebuyer Assistance Program Guidelines 07-08.doc e ' I;;;; ~~ ~<1Y~T2~ ~.... .... . iIIIi East Side-West Side- Seas.lde Renaissance eRA BOARD MEETING OF: July 8, 2008 I x I Consent Agenda I Old Business New Business Public Hearing Other SUBJECT: Approval of Funding up to $1500 from the Community Meeting Grant Program to Marina Village Marine Association for their monthly community meetings. SUMMARY: At the March 25, 2008 eRA Board meeting, the Board approved the Community Meeting Grant Program. This program provides up to $1500, on an annual basis, for Community Groups and HOAs, in the CRA District, to hold their meetings at a city facility. The Marina Village Marine Association has submitted an application for funding for their monthly meetings, held monthly from July through September. They would like to hold these meetings at Boat Club Park. The total cost for these three (3) meetings is $411.84: · $35.00 - one-hour rental fee · $2.28 - .065% sales tax · $300.00 - refundable security deposit · $337.28 - Total for first meeting · $37.28 - Meeting #2 · $37.28 - Meeting #3 $411.84 - TOTAL for all three (3) meetings FISCAL IMPACT: $411.84 from Budgeted Line Item 01-51990-200-contingency CRA PLAN, PROGRAM OR PROJECT: Community Meeting Grant Program RECOMMENDATIONS: Approve the application for the Marina Village Marine Association Community Meeting Grant. lsa Bright Executive Director T:\AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS\Completed Agenda Item Request Forms by Meeting\FY 2007 - 2008 Board Meetings\08 07 08 CRA Board Meeting - July\Marina Village Community Meeting Grant.doc 30Y!~TC)t~~ :3 t /~ ( 1-", East Side-West S'lde-Seas'lde Rena'lssance 2007/2008 BOYNTON BEACH COMMUNITY REDEVELOPMENT AREA COMMUNITY MEETING GRANT PROGRAM GUIDELINES AND APPLICATION PROCESS The following guidelines are intended to define the extent and scope of the program. The purpose of the program is to provide financial assistance to community groups and homeowners associations (HOA's) located in the CRA District to pay the fees associated with utilizing City facilities for meetings, The following guidelines are applicable to this program: 1, The program is available only for community groups and HOA's located within the Community Redevelopment Area (see attached map), 2, In order to qualify, the community group or HOA must exist as an official legal entity via one or more of the following requirements: A. Registered with the State of Florida B. Official designation such as "incorporated" C. Non-profit status 3. Each group may select a preferred meeting space from the attached list of public facilities within the CRA District. Once individual groups have selected a location they must complete the following process: A. Contact the preferred facility and confirm availability for meeting date and space. Ask for a Facility Use Application Form, B. Complete and return to the facility the Facility Use Application Form to hold meeting space. C. Submit the following materials to the Boynton Beach CRA by the 25th of the month prior to the CRA Board Meeting for review and approval by the CRA: a. Completed Community Meeting Grant Application b. Proof of official legal entity status with State of Florida c. Copy of completed Facility Use Application Form Boynton Beach Community Redevelopment Agency Community Meating Grant Application Created 2/26/08 D. Applications can be submitted to: Boynton Beach CRA 915 South Federal Highway Boynton Beach, FL 33435 (561) 737-3256 Office Hours: Monday-Friday 8:30 AM to 5:00 PM E. Applications must be submitted and properly time stamped to document receipt by the CRA. F. Upon approval, appropriate grant program documents will be prepared in the CRA office and the applicant will be notified of approval. G. The CRA will pay the city directly for any associated facility use rental fees. 4. The maximum grant amount is $1,500 per community group or HOA annually. The total amount is to include the cost of meeting space rental, as well as additional costs to cover a security deposit, staffing fee and janitorial fee (see attached facility use/rental priority and policies). 5. Applicants must be aware that damages to any city facility cannot be reimbursed by the CRA and will be the sole responsibility of the applying community group or HOA. 6. Applicants must be aware that this grant is not eligible for social events. Therefore, food and drinks cannot be served during funded meetings. 7. Limited funding is available and will be provided on a first come, first approved basis. 8. APPLICATION TO THIS PROGRAM IS NO GUARANTEE OF FUNDING. FUNDING IS AT THE SOLE DISCRETION OF THE CRA BOARD. Boynton Beach Community Redevelopment Agency Community Meeting Grant Application Created 2/26/08 CITY OF BOYNTON BEACH RECREATION & PARKS DEPARTMENT FACILITY/FIELD PREPARATION REQUEST NAME OF PROGRAM/GROUP/EVENT: (lJll1n 'n t. tic -II ()I5 r ;1l~rl)d. LOCATION: l~oC\ ~ r /u b H~ II DATE (S): jUJvj , ')\ PROGRAM TIME: BEGINS 0 ' :> l) ENDS-}. "4 () as> or !to, J,~ OJ-F), (It t/ I' A/l-1 6d'1"1 (j j/IJ ).'C()/j :-'( SET-UP TIME BREAKDOWN TIME # OF 8 FT. TABLES REQUESTED: # OF CARD TABLES REQUESTED: # OF CHAIRS REQUESTED: i # OF 9FT./6FT ROUND TABLES REQUESTED: PORTABLE SOUND SYSTEM REQUESTED: YES NO Y... LECTERN REQUESTED: YES NO )c MOVIE SCREEN REQUESTED: YES NO ;( MICROPHONE AND STAND (CIVIC, SENIOR CENTERS & INTRACOASTAL PARK CLUBHOUSE): YES NO 1-- ROOM ARRANGEMENT (Classroom style, theater style, U-shape, etc.): J fM bl, ~ 4 C ~c.,-tf S . -------------------------------------------------------------------------------- BASES REQUESTED: FIELD DRAGGED: FIELD LINED: LIGHTS: KEYS TO RESTROOM FACILITIES: FIELD ARRANGEMENT (Requirement for specific length between bases, etc): OTHER PERTINENT INFORMATION: CONTACT PERSON: ADDRESS: DATE SUBMITTED: PHONE #: FOR DEPARTMENT USE ONLY APPROVED BY: DATE: ASSIGNED TO: RevISed 51! 6/08 CITY OF BOYNTON BEACH RECREATION & PARKS DEPARTMENT Facility/Field Use Application Form 0RGANIZATION/INDIVIDUAL: fI1arl ~l. (),~/1t:{5 P JI/1a. (' ,:. "._ )<:'<;'ljf ~ I, b"" Other Type: Individual Business ~ CONTACT PERSON (if organization) /5r, ~ ADDRESS: 6 J 5 Ca. 4 n. (____0..... 0\ filII") Non-profit 5M",'1L. (WORK) 6t~/n/nh ~/L 5'1-70"3 -;),115 (CELL) ROOM: 3) 'iJ5 Zip Code PHONE #'S: (HOME) 1. FACILITY/FIELD: ~BfA f C /u ~ H",II 2. REQUESTED DATE & TIME (please indicate a.m. or p.m,): Single Use: Date Hours: Weekly: Dates Hours: "f o~ ,-"J 1 c.~oi' Monthly: Day of Week w~, Start Date: ~1C1\ , End Date: Hour&: .tl,td-t 6--n., XM 3..rd 3. SPECIAL INSTRUCTIONS (please use the "FACILlTY/i IELD PREPARA TlON REQUEST' form to detail # OF PEOPLE: '1 from from b: 1 D to to 7: 30 I fu!",_ special set up or maintenance requirements two weeks prior to event date) 4. PROGRAM INFORMATION (please check all appropriate categories): Educational Political Religious Recreational Private Function ~ Meeting Other (please describe below) Fund-raising* Admission Fee* Food/Drink Being Served Food or Items Being Sold (list below) Please briefly describe type and purpose of meeting and if the meeting is a fund raiser, list for whom the funds are being raised: T!e """l'P t, ~j ,'s rot- f>..- /If {1Mdo ()s.sOt", & t,O'"". *If your function involves fund-raising or an entry/admission fee, please list information requested below: Projected Attendance: Gross Revenue: Entry Feerream: Entry Fee/Person: I agree to comply with all "sb~ con~ideratiOns"IISted on the facilitylfield use information form. SIGNATURE OF APPLlCANT:~..IA ~~ DATE: Authorized by: Date: FOR OFFICE USE ONLY . -'"2 C. '') OJ Facility Fee: ~ hrs x $ :7 '7 Ihr = $ ~6 I Bill Code: NR_ R_; NP _ Prv_ Comm_ Field Use: hrs x $ Ihr = $ Sub-Total Above $ Sales Tax (6.5% of sub-total) $ Staffing Fee: hrs x $35/hr = $ Field Preparation ($35/hr per person). ,. $ Custodial ($50-$150 per event). . . . . . $ Field Lights: hrs x $ Ihr = $ 3~} OJ , ,) .~Jir Approved Rejected (reason) (Recreation Supervisor) Deposit Payment (% fees) $ _ Check # _ Date_ Balance Payment $_ Check # _ Date_ :Iuding Damage Deposit) - Proof of Insurance Rec'd Date: Or TULIP application & check forwarded to Risk _ Date:_ Revised 5/16/08 No tax charged for non-profit groups. MUST attach copy of tax exempt certificate for non-profits. $ 'J', >1 V JIVIA 7 TOTAL FEE. . .. . . . .. . . . . . . . .. . ~'!2!O _" f{;' . Y:6~~-1JIJ~ r"AU/d b (.'....,01, ./"1 c~ <110 VI,) ,V, . w CITY OF BOYNTON BEACH STANDARD HOLD HARMLESS AND INDEMNITY CLAUSE P1tl~'Il" Vlllc) r yt1fAtt/lt. 4$ ~a( ,Ie. ~'(J\ (Name of Lessee), Its Officers and Members shall, through the signing of this document by an authorized party or agent, indemnify, save and hold harmless the City, its agents and employees from any claim, demand, suit, loss, cost of, expense or damage which may be asserted, claimed or recovered against or from City or City's agents or employees, by reason of any damage to property or person, including death, sustained by any person whomsoever, which damage is incidental to, occ s as result of, or arises out of the negligent or any act(s) or omissions of Lessee, j11AMA 0/ P tr Title < gnature of Representative mAr. '.... /;,. /I?ap (11"1"''" l. Name of Organi tion At; ~h r r -,.1, '^ Date Recreation & Parks Department Title Date DAMAGE DEPOSIT AGREEMENT ~k1\ht.- 1I,'lfe. ~p y11An~ ..AS>or,'c. ~(Name of Lessee), shall, through the signing of this document, agree to submit a "damage deposit" for use of a Boynton Beach Recreation and Parks Department facility ("facility") in the amount of $300, I understand that by signing this document and taking possession of the facility, I agree that the facility was in good, sanitary order, condition and repair, and with no defects of any sort, upon receipt. I understand that, as the Lessee, I am responsible that the facility will be returned to the City in the same good, sanitary order, condition and repair as delivered to the Lessee. I understand that if, for any reason, there is damage to the facility upon completion of the Lessee's use of the facility, and a City inspection of the facility is conducted, the damage deposit will not be refunded, I understand that should the City incur any costs or expenses for the clean-up of the facility following its use by the Lessee, these expenses will be deducted from the damage deposit and any additional charges will be the responsibility of the Lessee. As the Lessee, I also agree to complete any necessary clean up after the event, including the removal of any trash from the facility and its surrounding area, and removal of all personal items, including linens, chair covers, catering equipment, all left over food products, and/or disc jockey and band equipment prior to the Lessee's departure, as part of our fee waiver, I understand that no equipment or items of any kind brought into the facility can be left at the end of the event or stored at the facility either before or after the event per City of Boynton Beach Recreation and Parks Department Administrative Policy number 07-001, Signature of Representative Title Date Name of Organization Recreation & Parks Department Title Date Copies to: Lessee/Risk Management Revised 5/16/08 .~qY~T2~ C . * East Side- West Side-Seaside Renaissance BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY HOMEOWNERS ASSOCIATION GRANT PROGRAM APPLICATION Date: ~').O- CJ~ Applicant Information Name of Community Group or HOA: !11{)\f'1 :It.. U" II (). -' f (YIlAfI",.." Ag"Sol' Ie J,;,.,.... Name and Title of Group Contact: f3 ,..,' IA n .5,.., . U, - P1 A nit j f'r Address of Community Group or HOA: 6;;" S CD. ~4 La.... iA J3lvtl Po 'yoA 1Ul. (P/Jrt ~ L 1.J'I) Address of Group Contact: f O. ~n)( 7i 7 to y n Jo--- tr-a {' I ?"] '12 S Phone Number: St ( 7 0 ~ 2 /g ~ E-mail: b ~ ,.,.,. ~ l @ LJ pi ""'I\. or I'~ ( . C Q In-> Location of Meeting: /30 A. t- c. I" ~ I-It;, /1 Date of Meeting: I 5 I- 0 r :2 r<- J LJ f~ (') t p ~ I' J.. /17lJn U, Hours of Meeting: . . L h t, , The applicant(s) certify that all information presented in this application. and all of the information furnished in support of the application, is given for the purpose of obtaining a grant under the Boynton Beach Community Redevelopment Agency Homeowners Association Grant Program, and it is true and complete to the best of the applicant(s) knowledge and belief. Applicant(s) understand that damages to any City facility cannot be reimbursed by the CRA and will be the sole responsibility of the applying community group or HOA. Applicant: t/)~ ~ Applicant: Signature Signature f3r,l~ Y\ 5 J1-It'.v~ Print Name: Print Name: Date: ~~lG-Orrr- Date: Boynton Beach Community Redevelopment Agency Community Meeting Grant Application Created 2126/08 2007 NOT -FOR-PROFIT CORPORATION AMENDED ANNUAL REPORT FILED Sep 27, 2007 DOCUMENT# N06000009034 Secretary of State Entity Name: MARINA VILLAGE AT BOYNTON BEACH MARINA CONDOMINIUM ASSOCIATION INC Current Principal Place of Business: New Principal Place of Business: THE RELATED GROUP 315 S, BISCAYNE BLVD, 3RD FLOOR MIAMI. FL 33131 625 CASA LOMA BLVD SUITE 104 BOYNTON BEACH, FL 33435 Current Mailing Address: New Mailing Address: THE RELATED GROUP 315 S. BISCAYNE BLVD, 3RD FLOOR MIAMI, FL 33131 625 CASA LOMA BLVD SUITE 104 BOYNTON BEACH, FL 33435 FEI Number: 20-5446082 FEI Number Applied For ( I FEI Number Not Applicable ( ) Certificate of Status Desired ( Name and Address of New Registered Agent: Name and Address of Current Registered Agent: CORPORATE CREATIONS NETWORK INC, 11380 PROSPERITY FARMS ROAD #221E PALM BEACH GARDENS, FL 33410 US The above named entity submits this statement for the purpose of changing its registered office or registered agent, or both. in the State of Florida, SIGNATURE: OFFICERS AND DIRECTORS: Electronic Signature of Registered Agent Date Title: Name: Address: City-St-Zip: Tille: Name: Address: City-St-Zip: Tille: Name. Address: City-St-Zip: ADDITIONS/CHANGES TO OFFICERS AND DIRECTORS: PO ( ) Delete ROCHA, ROBERTO 315 S, BISCAYNE BLVD, 3RD FLOOR MIAMI, FL 33131 Title Name. Address: City-St-Zip: PD (X) Change ( ) Addition FARLEY, JOHN 625 CASA LOMA BLVD" SUITE 104 BOYNTON BEACH, FL 33435 STD (X) Change ( ) Addition CROPPER, REESE 625 CASA LOMA BLVD" SUITE 104 BOYNTON BEACH, FL 33435 TO (X) Change ( ) Addition PROVOST, PETER 625 CASA LOMA BLVD" SUITE 104 BOYNTON BEACH, FL 33435 I hereby certify that the Information supplied with this filing does not qualify for the exemption stated in Chapter 119, Florida Statutes, I further certify that the information indicated on this report or supplemental report is true and accurate and that my electronic signature shall have the same legal effect as if made under oath; that I am an officer or director of the corporation or the receiver or trustee empowered to execute this report as required by Chapter 617, Florida Statutes; and that my name appears above, or on an attachment with an address, with all other like empowered VD ( ) Delete HERNANDEZ, ANGEL 315 S. BISCAYNE BLVD, 3RD FLOOR MIAMI, FL 33131 Title Name: Address: City-St-Zip' STD ( ) Delete ROSSO,CARLOS 315 S, BISCAYNE BLVD, 3RD FLOOR MIAMI, FL 33131 Title Name: Address: City-St-Zip: SIGNATURE: MALVENE BRICE Electronic Signature of Signing Officer or Director PM 09/27/2007 Date www.sunbiz.org - Department of State Page 1 of2 Home Contact Us E-Filing Services Document Searches Forms Help Pr~y:iou$ on__IJ$J l'J~lttQl1-',..ls! ReturrLI9_I..J$! No Events No Name History Entity Name Search Detail by Entity Name Florida Non Profit Corporation MARINA VILLAGE AT BOYNTON BEACH MARINA CONDOMINIUM ASSOCIATION, INC, Filing Information Document Number N06000009034 FEI Number 205446082 Date Filed 08/24/2006 Smte FL Smtus ACTIVE Principal Address 625 CASA LOMA BLVD. SUITE 104 BOYNTON BEACH FL 33435 Changed 09/27/2007 Mailing Address 625 CASA LOMA BLVD SUITE 104 BOYNTON BEACH FL 33435 Changed 09/27/2007 Registered Agent Name & Address SMITH, BRIAN 625 CASA LLOMA BLVD STE 104 BOYTONA BEACH FL 33435 US Name Changed: 01/07/2008 Address Changed: 01/07/2008 Officer/Director Detail Name & Address Title PO FARLEY, JOHN 625 CASA LOMA BLVD., SUITE 104 BOYNTON BEACH FL 33435 Title STD CROPPER,REESE 625 CASA LOMA BLVD., SUITE 104 BOYNTON BEACH FL 33435 Title TO httD:/ /www.sunbiz.org/scriDts/cordet.exe?action=DETFIL&inq_doc _ number= N060000090... 6/23/2008 www.sunbiz.org - Department of State Page PROVOST, PETER 625 CASA LOMA BLVD" SUITE 104 BOYNTON BEACH FL 33435 Annual Reports Report Year Filed Date 2007 04/17/2007 2007 09/27/2007 Document Images 01/07/2008 - Reg Agent Change View image in PDF format ------- -----~---_._-".._---_._._--- 09/27/2007 AhihiU/',L REPORT View image in PDF format 04/17/2007 - Al'JNU.,,^L REPORT View image in PDF format 08/24/2006 -- Domestic Non-Profit i View image in PDF format Note: This is not official record. See documents if question or confli~ PreViOllS Qn List NextonList Return To List No Events No Name History Entity Name Search r-up'lri~Jlit http://www.sunbiz.org/scripts/cordet.exe?action=DETFIL&inq doc number=N060000090... 6/23/2008 CITY OF BOYNTON BEACH RECREATION & PARKS DEPARTMENT Facility/Field Use Information mWe.Mal\e. ~ life. Fun!! Recreation & Park Department facilities and fields may be reserved for group use. Fees vary according to type of activity and organization (individual, non-profit or business). Please contact the individual facility for availability and more information. Facilitv/Field Art Center Boat Club Building Civic Center Galaxy Park Field Hester Center & Park Intracoastal Park Clubhouse Pence Park Field Senior Center Wilson Park Complex (including Carolyn Sims Center and Denson Pool) Address 125 S.E. 2nd Avenue Boat Club Park, 2010 N. Federal Hwy. 128 E. Ocean Avenue 459 W. Boynton Beach Blvd. 1901 N. Seacrest Blvd. 2240 N. Federal Highway S. E. 5th Ave. & S.E. 4th Street 1021 South Federal Highway 225 NW 12th Avenue Phone # 742-6221 742-6237 742-6240 742-6641 742-6550 742-6235 742-6641 742-6570 742-6640 (Center) 742-6645 (Pool) ,'>icnic Pavilions at Hester Center, Intracoastal, Meadows and Oceanfront Parks may be reserved at Intracoastal Park Clubhouse. All other park pavilions are available on a first come, first served basis. PLEASE NOTE: 1. Alcohol is PROHIBITED at all City facilities, parks and fields (with the exception of Intracoastal Park Clubhouse). 2. SMOKING POLICY: In compliance with the "Florida Clean Indoor Act" Chapter 386.201 FS and the City of Boynton Beach Resolution 90-BBB, this policy establishes designated non-smoking area within the City owned and operated buildings. The City of Boynton Beach WILL NOT permit smoking inside during function hours. 3. All recreation facilities have video recording systems. 4. Certain activities or functions, including all facility rentals, may require the applicant to provide proof of insurance to the City. Fire and Life Safety Inspection may be required based on event plans. 5. Rental fee payments are due no later than two (2) weeks prior to the scheduled activity. 6. A damage deposit will be collected for all facility and pavilion rentals, and may be required for field use. Any additional charges incurred subsequent to fee payment will be deducted from the damage deposit. 7. Per ADA (Americans with Disabilities Act) requirements, applicant agrees not to discriminate on the basis of disability while using City of Boynton Beach facilities or parks. 8. Refund Policy: Per Department poliCY #05-009, a full refund will be issued if requested, in writing, at least seven (7) days prior to your reservation date. Please return application form to: Revised 5/16/08 City of Boynton Beach Recreation & Parks Department P. O. Box 310 Boynton Beach, FL 33425-0310 Meeting Minutes Community Redevelopment Agency Boynton Beach, FL March 25, 2008 · Effectuate designations on a "piecemeal" basis, having a metes and bounds description prepared in order for boundaries to be defined. (Ms. Bright noted, if authorized, she would hire a consultant to prepare the metes and bounds description. ) Motion Vice Chair Rodriguez moved to have the City designate all commercial and industrial property a Brownfield, exclusive of residential, excepting Seacrest Ocean Breeze and MLK, and, if necessary, adding other properties at a later date. Mr. Hay seconded the motion that passed 4-1 (Commissioner Ross dissenting). It was noted authorization for Ms. Bright to hire a consultant to prepare the legal description could not be provided until the City approved the matter. B. Consideration of Noise Ordinance (Vice Chair Rodriguez left the dais at 8:24 p.rn.) Ms. Bright advised this item was being brought forward as a result of discussions during the Downtown Master Planning process regarding potential barriers to creating a vibrant downtown. One possible barrier was an outdated noise ordinance which prohibited music after 10:00 p.m. on a Friday night, the beginning of the weekend for most people. Staff recommended the City's Noise Ordinance be evaluated in order to improve and encourage a vibrant downtown. (Vice Chair Rodriguez returned to the dais at 8:26 p.m.) Chair Taylor recommended this item be forwarded to the City Commission for action. Motion Vice Chair Rodriguez moved approval to send this item to the City Commission for reconsideration. Ms. Ross seconded the motion that passed unanimously. Board members suggested a City-wide ordinance be considered pertaining to the enforcement of boom boxes. IX. New Business: A. Consideration of Community Meeting Grant Program 9 Meeting Minutes Community Redevelopment Agency Boynton Beach, FL March 25, 2008 Ms. Bright noted staff was asked at the last meeting to bring this item back to define guidelines and develop an application process for a new grant program. The program would provide financial assistance to community groups and homeowners' associations (HOAs) in the CRA district to pay fees for the use of City facilities for meetings. Staff obtained a list of all available facilities, which also contained the fee classification and rental amounts. This information is set forth in the backup material, and a copy is on file in the City Clerk's office. The community group or HOA would be required to exist as an official entity within the State. The amount available to each entity was not to exceed $1,500 in a one-year period and covered the cost of rental, security deposit, staffing and janitorial fees. Costs to remedy damages to a City facility would not be reimbursed by the CRA and would be borne by the community group or HOA. The program would only be open to organizations or HOAs within the CRA district. Staff recommended approval of the Community Center Grant Program. Highlights of the board's discussion included: · Language should be included to require the entity was in good standing with the State of Florida. (Attorney Doody noted this was covered in the guidelines). · Suggestions were made for the CRA to fund the monthly meetings held by the Inlet Cove Association (INCA). · The CRA should piggyback on the City of Boynton Beach's policy. · Fees should be collected per meeting. · Benvenuto was not on the list. Motion Vice Chair Rodriguez moved approval. Mr. Hay seconded the motion that passed unanimously. The board recessed at 8:37 p.m. and reconvened at 8:45 p.m. B. Presentation by EDAW of draft Downtown Master Plan Ellen Heath, of EDAW, advised she was accompanied by Tom Lavash and Cesar Garcia. Ms. Heath provided a project overview. The Plan would proceed in phases. Phase 1, Understanding the Community, set the groundwork for the Master Plan and would focus on gathering background information and data as well as identifying key 10 'j . ~<1Y~T2~ eRA ilIIIIII East Side-West Side-Seaside Renaissance eRA BOARD MEETING OF: July8,2008 I x I Consent Agenda I Old Business New Business Public Hearing Other SUBJECT: Approval of Agreement with RTG for Commitment of HAP funds up to $400,000 for FY 08/09 SUMMARY: At the June 2008 CRA Board meeting, the Board recommended approval of earmarking up to $400,000 of Homebuyers Assistance Program (HAP) funds for the RTG proposal of developing 8 affordable single-family within the Heart of Boynton community. The attached agreement formalizes the Boards commitment to the activity. The term of the agreement is two years. Buyers of the homes will be qualified by the CRA for HAP down payment assistance. FISCAL IMPACT: Up to a $400,000 from FY 08/09 and FY 09-10. CRA PLAN, PROGRAM OR PROJECT: Heart of Boynton Community Redevelopment Plan RECO MMEND A TI 0 NS: Staff recommends approval of the attached agreement. ,/ C:\Documents and Settings\cherofj\Local Settings\Temporary Internet Files\OLK5\RTG Agreement (2),doc HEART OF BOYNTON INFILL HOUSING AGREEMENT THIS AGREEMENT ("Agreement") is made and entered into as of this ____th day oj , 2008, by and between RTG CONSTRUCTON, INC., a Florida corporation ("RTG"), and BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY, a public agency created pursuant to Chapter 163, Part III, Florida Statutes ("CRA). RTG and the CRA are sometimes collectively referred to as the "Parties". or individually, as a "Party". WITNESSETH WHEREAS, the CRA has created the Homebuyers Assistance Program ("HAP") to address affordable housing issues within the Community Redevelopment Area; and WHEREAS, HAP provides forgivable loans to low-to-moderate income families to purchase affordable homes within the Community Redevelopment Area; and WHEREAS, RTG will be developing and constructing eight (8) affordable single-family residences within the Heart of Boynton; and WHEREAS, RTG has applied to the CRA for a financial subsidy in the amount of Four Hundred Thousand Dollars ($400,000.00) ("Subsidy") under the CRA's Homebuyer's Assistance Program ("HAP") for the purpose of providing down payment assistance to purchasers qualified per the requirements of the HAP program for eight (8) affordable single-family residences within the Heart of Boynton; and WHEREAS, on June 10,2008, the CRA Board conceptually approved the RTG proposal and authorized the preparation of this Agreement; and WHEREAS, the CRA encourages the development of workforce housing within the Community Redevelopment Area and believes the Development will inure to the benefit of the citizens of the City of Boynton Beach and Palm Beach County, Florida; and WHEREAS, the Parties desire to join under this Agreement to outline the terms and conditions pursuant to which the Parties will provide the Subsidy to the owners of those units within the Development which are designated as workforce housing. NOW, THEREFORE, in consideration of the mutual covenant contained herein, the Parties agree as follows: Section }, Ratification, The recitals herein are true and correct and incorporated herein by this reference. S.\CA\CRJ\\RTG Agreement-clean doc Page I of 5 Section 2. CRA Obligations. CRA agrees to earmark and reserve, as a form of subsidy, the amount of Four Hundred Thousand Dollars ($400,000.00) ("Subsidy") from the 2008-09 and 2009-2010 fiscal year appropriations for the eRA's Homebuyer's Assistance Program ("HAP") for the purpose of providing down payment assistance to purchasers qualified per the requirements of the HAP program for eight (8) affordable single-family residences within the Heart of Boynton. The HAP guidelines and required documentation (attached as Exhibit A) shall apply to all potential homebuyers. Section 3. RTG Obligations. purpose of workforce housing. R TG agrees to make available eight (8) units for the Section 4. Administration of HAP Funds. The CRA will pre-qualify potential RTG homebuyers who meet the CRA's HAP guidelines, rules and related documents (see attached Exhibit A), for up to a maximum of Four Hundred Thousand Dollars ($400,000.00) to subsidize those applicants down payments on the purchase ofRTG constructed residences. Section 5. Commitment of Funds/Term. This Agreement shall expire on June 1, 2010 unless otherwise extended in writing as agreed to by the Parties. After June 1,2010, the CRA shall not be obligated to disburse any additional funds under this Agreement, and neither party shall have any obligations or responsibilities thereafter. Section 6. Scope of Authority. Except as otherwise expressly provided in this Agreement, neither of the Parties shall have any authority to act for, or to assume any obligations or responsibility on behalf of the other Party. Section 7. Miscellaneous. 7.1. Notice. All notices, demands or requests authorized or required hereunder shall be in writing and shall be deemed to have been properly given or served by personal delivery or by depositing the same in the United States mail, first class, postage prepaid, and registered or certified with return receipt requested, addressed: (a) If to the CRA: Boynton Beach CRA 915 South Federal Highway Boynton Beach, Florida 33435 Attention: Executive Director With a copy to: James Cherof Goren, Cherof, Doody & Ezrol 3099 E. Commercial Blvd. S:\CA\CRA\RTG Agreement-c1ean,doc Page 2 of 5 Suite 200 Ft. Lauderdale, FL 33308 (b) If to RTG: Jeff Wooster 3300 S. Congress Avenue Suite 5 Boynton Beach, FL 33426 or to such other address as such parties shall designate by notice given in the manner provided above All notices, demands and requests shall be effective upon being deposited in the United States mail or upon personal delivery. However, the time period in which a response to any such notice, demand or request must be given shall commence to run from the date of personal delivery or the date of receipt on the return receipt of the notice, demand or request by the addressee thereof. 7,2, Governing Law. This Agreement shall be construed and interpreted in accordance with the laws of the State of Florida. Venue for any action shall be in Palm Beach County, Florida. 7.3, Entire Agreement. This Agreement contains the entire agreement between the Parties respecting the subject matter hereof. Any variations, amendments, modifications or changes in this Agreement shall not be binding upon a Party unless consented to in writing duly executed by such Party. 7.4, Attorneys' Fees. If either Party commences an action against the other to enforce or interpret any of the terms hereof or because of the breach by either Party of any of the terms hereof, the prevailing Party shall be entitled to recover from the other Party reasonable attorneys' fees and costs and expenses incurred in litigation through all trial and appellate levels 7.5. Binding Effect. This Agreement shall inure to the benefit of and be binding upon the parties hereto, and, their respective successors and assigns, 7.6, Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed an original and all of which taken together shall constitute one and the same instrument. A facsimile copy of this Agreement and any signatures thereon shall be considered for all purposes as originals. 7.7, Captions. The headings and captions in this Agreement are for each 01 reference only and shall not be relied upon in construing any provision hereof. 7,8. Benefit of Parties Only. This Agreement is made for the sole benefit of the Parties hereto and only to the extent provided in this Agreement. Nothing herein shall create, or S:\CA\CRA\RTG Agreement-clean doc Page 3 of' be deemed to create, a relationship between the parties hereto, or either ofthem and any third person in the nature of a third party beneficiary, equitable lien or fiduciary relationship. 7.9 Assignment. RTG Construction, Inc. shall not be permitted to assign its rights under this Agreement without the prior written consent of CRA, which may be withheld in CRA's sole discretion. 7.10 Nothing herein shall constitute a restraint or limitation on the CRA to modify the HAP program during the term ofthis agreement or to exercise its legislative prerogative to reduce or eliminate HAP funding. In the event of a reduction of appropriations there shall be a proportionate reduction in the funds designed herein as Subsidy, using the amount appropriated in fiscal year 2007-08 as a basis. In the event of the elimination of all HAP funding, this agreement shall be null and void. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the year and day first above written. WITNESSES: BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY Print Name: Print Name: By: Jerry Taylor, Chair Date: S:\CA\CRA\RTG Agreement-c1ean.doc Page 4 of5 Approved by C A Attorney as to form anq leg 1 sufficiency. By: . Print Name: RTG, Construction, Inc, a Florida corporation Print Name: By: '___n_.___."____m_...______.___ Date: S\CA\CRA\RTG AgreemenHlean doc Page 5 of 5 ! "...~.~i'" I~~~' ~...~ .. ~~~Y~T8~lcRA ill East Side-West Side- Seaside Rena"lssance eRA BOARD MEETING OF: July 8, 2008 I x I Consent Agenda I Old Business New Business Public Hearing Other SUBJECT: Approval of Proposal by Toter Inc. to Provide Automated Trash Containers for N. Federal Highway and the Heart of Boynton Areas. SUMMARY: As a result of the eommunity Relations Board's finding of the need for additional trash containers along North Federal Highway and in the Heart of Boynton neighborhood, the CRA agreed to purchase 24 automated trash containers and the City's Public Works Department agreed to add the containers to their trash pick up schedule. The CRA is purchasing a total of 24, 60 gallon trash containers at a cost of $391.35 each. The containers are being shipped directly to the Public Works Department who will be responsible for placing them at their designated locations. FISCAL IMPACT: $10,195.78 from General Fund Account #01-51620-209 CRA PLAN, PROGRAM OR PROJECT: Heart of Boynton Plan and Federal Highway Plan RECOMMENDATIONS: Approve the invoice from Toter Inc. in the amount of$10,195.78. j~~ Vivian Brooks Assistant Director T:\AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS\Completed Agenda Item Request Forms by Meeting\FY 2007 - 2008 Board Meetings\08 07 08 CRA Board Meeting - July\Toter Inc, invoice,doc r@ INCORPORATED ____u ( REMIT TO ADDRESS TOTER INCORPORATED DEPARTMENT 6001 CAROL STREAM IL 60122 6001, / Bill To BOYNTON BEACH FL 33435 Ship To BOYNTON BEACH COMMUNITY REDEVELOPMENT AGCY 222 NE 9TH AVE BOYNTON BEACH FL 33435 BOYNTON BEACH COMMUNITY REDEVELOPMENT AGCY 915 S FEDERAL HWY REFER TO TERMS AND CONDITIONS OF SALE DUE 7/27/2008 TERMS: NET 30 CUSTOMER.Nf) 6451 at OF LA~ 227434 sAOiis ()AOEPt 199521 OPlDEPl DATE 5/29/2008 SHlf3 DATE 6/27/2008 INVOICE DATE 6/27/2008 lNVOlCENO KB 228587 CUSTOMER PO SIGNED QUOTE sHIPPING POINT LOC: 10 SALESMAN NO ROUTING SE BS PREPAID AND ADD ON-TIME TRANSPORTATION 06 10 60G ALC - 0117 08600A-00000 DOMED LID WITH GRAVITY LOCK, BODY AND 209 BLACKSTONE WARRANTY 2 YR. LIMITED 24 BASE o 24 391,35 939240 SPECIAL INSTRUCTIONS: CALL MIKE SIMON@561-737 3256 FOR DEL APPT FREIGHT 803,38 ! TAX Exempt ---i 10,195.781 P,O, BOX 5338 .STATESVILLE, NC 28687-5338 841 MEACHAM AD,. STATESVILLE, NC 28677 TELEPHONE (704) 872,8171 PAY THIS AMOUNT ALL CLAIMS MUST BE MADE WITHIN 5 DAYS, NO MERCHANDISE MAY BE RETURNED WITHOUT INSTRUCTIONS FROM US, IMPORTANT: IF ANY PART OF THIS SHIPMENT IS DAMAGED OR MISSING WHEN IT ARRIVES, TAKE DELIVERY AT ONCE, AND HAVE AGENT MAKE PROPER NOTATION ON YOUR FREIGHT RECEIPT. I',;'," ~\;'i' ~<tYNr8~ e" RA" '. '......................'.. l..',..,......'..,... .". .' ..... " ~;i ~ A' ,i\ _ East Side-West Side-Seaside Renaissance eRA BOARD MEETING OF: July 8, 2008 I I Consent Agenda I Old Business New Business Public Hearing I X I Other SUBJECT: eRA Policing Activity Report for the Month of May 2008 and District Stats for Months of May and June 2008 (Info. Only) SUMMARY: Monthly report, providing activity and data on Crime in the CRA District: Mav 2008: · Crimes - 56 · Arrests - 11 · Calls for Service - 1597 June 2008: . Crimes - 59 . Arrests - 19 . Calls for Services - 1460 FISCAL IMP ACT: Cost budgeted in 2007/2008 from General Fund Budget 01-53120 CRA PLAN, PROGRAM OR PROJECT: CRA Policing Innovations RECOMMENDATIONS: Info. Only CX:;C& Q /2z I'~'~ Lisa Bright Executive Director T:\AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS\Completed Agenda Item Request Forms by Meeting\FY 2007 - 2008 Board Meetings\08 07 08 CRA Board Meeting - July\CRA Crime Monthly Stats 0608.doc c MONTH: MAY 2008 --=_~~_~=~-__-~----J eRA Police Team MONTHLY ACTIVITY REPORT 05-01-08 -Entire Unit attended IPMBA Police Cyclist Course from 04-28-08 thru 05-02-08. 05-06-08 -Attended Groundbreaking Ceremony at the old Gulfstream Lumber site. -BegliD. the CRA Trolley ride-along program, .which was promulgated by unruly school aged children creating disturbances on the trolley. -Assisted CAT West with Search Warrant at 405 NW 3rd Ave (l arrest and seizure of crack cocaine) 05-12-08 -Drug Investigations in HOB (9 in total). -Along with CAT West, executed 2 Search Warrants at 201 NE 9th Ave and 503. SE 23rd Ave (3 arrests and the seizure of crack cocaine, drug paraphernalia, marijuana, semi-auto pistol, and high capacity magazines) -Trolley Patrols -Final Operation at Mangrove Park, which showed a significant decrease in activity (only 1 arrest for voyeurism). -Assisted CAT with Juvenile Arrest and Monitoring (JAM) Operation. -Search Warrants with CAT West, which uncovered 2 Marijuana grow houses. -Operation at a South Federal Highway establishment which led to 3 arrests, the recovery of 29.9gms of marijuana, .6gms of crack cocaine, and the forfeiture of one vehicle. 05-19-08 -Trolley Patrols -10 Drug Investigations in the HOB. -Handed out Community Concern Cards along South Federal Highway and the HOB area. -Bicycle patrols in the CRA District, rode 18 miles. 05-26-08 -Conducted Memorial Day DID saturation patrol with the Traffic Unit at 1000 S. Federal Highway, which resulted in 6 arrests and 67 citations issued. -Assisted BBPD SWAT as well as FDLE with a search warrant at XXXX NW 2nd St. . Arrested black female XXXX DOB XXXX due to the fact that she had an outstanding warrant. -Conducted bicycle training at Okeeheelee Park. -Trolley Patrols (conducted 21 Trolley Patrols throughout the entire month) -Bicycle patrol throughout the communities along the Federal Highway corridor. -Be an surveillance at an ille al establishment in the northeast sector ofthe Ci . III ('III ( dill! ,;f'c/lle! ! UJ/Lillll," Misdemeanor Felol!Y Citations WaITant Arrests charges Fiied . Warrants Executed I TOTAL ARRESTS ~ 1~1 1~9 lli:J ~~=Pbe~41~s .,~ Marijuana' 129.9gms Heroin ,... ..... .. .... I . Scbedule II Scbedule III Scbedule IV I Guns Cash Vehicles h- Boynton Beach Police Department Year-To-Date Crime Report 2007/2008 CRA District JUNE 2008 CRIMES Jun-08 Jun-07 I + I - May-OB + I - V-T-O V-T-O + I - 2008 2007 Criminal Homicide 0 0 0 0 0 1 1 0 Sexual Offense 0 0 0 0 0 0 2 -2 Robbery 8 6 2 8 0 42 31 11 Aggravated Assault 5 13 -8 12 -7 66 83 17 Buralary 9 21 -12 9 0 74 99 -25 Larceny 32 38 -6 20 12 175 203 -28 Auto theft 5 6 -1 7 -2 34 21 13 TOTAL 59 84 -25 56 3 392 440 -48 ARRESTS Jun-08 Jun-07 + I - May-OB + 1- V-T-O V-T-O + I - 2008 2007 Criminal Homicide 0 0 0 0 0 1 3 -2 Sexual Offense 0 0 0 0 0 0 0 0 Robbery 2 1 1 2 0 14 7 -- Aggravated Assault 3 8 -5 l -4 35 42 , , Burglary 1 6 -5 0 1 11 20 -9 Larceny 12 12 0 2 10 32 46 14 Auto theft 1 0 1 0 1 4 1 3 TOTAL 19 27 -8 11 8 97 119 -22 GALLS FOR SeRViCe Jun-08 Jun-07 I May-OB I V-T-O V-T-O I + - + - 2008 2007 + ,- TOTAL 1460 1472 -12 1597 -137 9251 9848 -597 6/30/2008 1Il~~~Y~T2~lCRA 111 East Side-West Side-Seaside Renaissance eRA BOARD MEETING OF: July 8, 2008 I x I Consent Agenda I Old Business New Business I I Public Hearing Other SUBJECT: Boynton Beach CRA and Trolley Website Statistics SUMMARY: Monthly report, generated by Google Analytics, providing data on the number of visitors to the CRA and Trolley websites: Mav 30 - June 29 (last month) Mav 2 - June 1.2008 Agency: 1,353 Agency: 1,235 Trolley: 639 Trolley: 563 FISCAL IMPACT: Cost budgeted in 2007/2008 from General Fund Budget CRA PLAN, PROGRAM OR PROJECT: Transportation Concurrency Exception Area (TCEA) RECOMMENDATIONS: Info. Only IA. ~ y~v<-, ., ~.~ Margee ~perger ./ Marketing and Communications Director T:\AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS\Completed Agenda Item Request Forms by Meeting\FY 2007 - 2008 Board Meetings\08 07 08 CRA Board Meeting - July\Monthly Website Stats 0608.doc Dashboard - Google Analytics Analytics Setting~ Dashb... Export Email Page adelspergerm@cLboynton-beach.fl.us I S~ttings I My Account I Help I Sign View Reports: www.boyntonbeachcra.com Graph by: i\ 4 ;' \.....-......" f -~" \ Site Usage \ j t_. Junrll001 , June 9. 2001 1,353 Vi!i!ts 3,609 P~g(i}vic:lWS 2.67 P;igesNisit ["\7i;it~';s Overview 879 Visitors Vi~W r~j)Qrt ____J Traffic Sources Overview Search Engines 531 (39.25%) Direct Traffic 484 (35.77%) Referring Sites My Analytics Accounts: Boynton Beach CRA May 30, 2008 - Jun 29, 2008 Comparing \0: Site Day I Week MQnttl I Visits .......... ........ ........... . , Junc1uoas Ju,c 13.10~8 49.150/0 BounceRate 00:02:08 Avg. Time on Site 57.060/0 % New Visits Map Overlay " - view report Content Overview Pages Pageviewlilo Pagevie... 1,284 35.58% inewsevent~ ,Qhp 313 8.67% Ign:lfIts.gtlp 219 6.07% bttvs://www.1woe:le.com/analvtics/reoortin2:/?scid=2436175 613012008 Dashboard - Google Analytics Page 1 of2 adelspergerm@cLboynton-beach.fl.us I ~ettings I My AccoulJ! I t!~f! I Sign Out Analytics Settings View Reports: www.boyntonbeachtrolley.com My Analytics Accounts: Boynton Beach Trolley Dashb... May 30, 2008 - Jun 29, 2008 Comparing to: Site Export Email Graph by: Day I Week I Month I Visits 4u . . .u 1\ . j'''-. "...J\. /''-t-. 11] .__....... ,,,./ '._, '.,. / / '. \ ~'20 .~ \/,,,.' . . i June 9.2008 : June 16, 2008 1 June 23, 1008 'June2.1008 I Site Usage hJ'v,./~,...... 639 Visits /~Jf\^/'" 1 ,582 Page'y_iews ~ '-vA,-,\ ~{I 35.210k Bo~nce B.-At~ /\.jvJv.JJ\ 00:01 :46 A\(g, Thl1c:l on Site 2.48 pageslYisit . ........~.\.-""\ 80.91 % % NewVi~jt~ Visitors Overview II Map Overlay 4J 10 ~ - 553 Visitors view report yiew report Traffic Sources Overview II Content Overview Pages Pageview~ Pagevie... Referring Sites 759 47.98% 396 (61.97%) Imap.oho 587 37.10% Search Engines 164 (25.67%) IfaQs.oho 76 4.80% Direct Traffic httns:/ /www.Qomde.com/analvtics/renortinQ/dashboard?id=4528711 &scid=2436191 6/3012008 MeetIng minutes 311008 -amended""" Meeting was called to order at 7:00 PM, at which time INCA President Belinda Murphy led the pledge of allegiance. The Treasul9l"s report was delivered, with a cummt balance of $3493.38, relIecting a combined donation of $105.00. John AJvaro made a IMIion to accept the 1I8aSuIer's report and it was seconded by GenevieVe MoRis. INCA Past-PJesident Lulu DaCamara motkJned to aa;ept the meeting mInules and John Keith seoonded the rnoliln and the ~ minuleS were approved without changes. Guest Speaker(s) were: . Lisa Bright CRA Execulive Dieclor . Steve Walker, Environment specialist atIomey . Mike Simon, CRA's Economic Development director tor the CRA . Vivian Brooks, Assl CRA Executive Director The Pros & Cons of BrownlieIds were discussed. It was irnrnediateIy cIariIled that only the ciIy commission can make a resolution and approve brownIieIds The genesis of adopIilg a Brownfields designation was explained. VIVian Brooks advised that the idea came in the wake of the real estate market meIIdown and the need to ldenIlfy ways to slimuIate and incenlivim deveIopefs to resume projects in the downtown area of Boynton Beach. It was advised that half of the projecIs that were to OCQI/' in downlDwn Boynlon Beach lII9 now being postponed or hlwe been SCIiIpped aIkJgeIher. To assist development. the CRA advised that a BRMIlfil!kIs designation helps the II\JI1lbels work, espedaIy in an area that may be contaminated. leading to cosUy and tengthy clean-up proposlIions. The measure would also free up federal funding when it comes to cleaning up these environmentally contaminated areas. Definillon of a Brownfield: . Contiguous area of one or nue Brownfield sites . Some of which may or may not be aJrIIaninated . Motivation for designating area as a BRMIIfiekI is rooted in providing additional economic incentives . The concept was created to help properties get created . Alters the Iiabldy of oonIaminalion: o Typically environmenlalliability carries from owner to owner o Wdh a Brownfield dassification, 1I1is allows deveIoper/property owner to take quaflfied environmental cleanup costs in 1I1e year InaIRed or taxes paid o Generally available for oosts paid orincuned after August 5, 1997111rough December 31, 2007 In Boynton Beach's case, the Boat sile on US-Federal Hwy 1...lfs believed there are definitely environmental issues there; most land under oonsidelation for development undeIgoes a Phase II sludy. If contaminants are found, a bank wiI refuse to loan the money for it, leaving a vacant or idle property sIIIing there; another place likely oonIaminated according to CRA members is the old Amerlgas site. Anecdote was provided: TR Thickston Glass Co. with a Brownfield expensing incentive program. it was possible to redeVelop the site. which led to new job creation, loan guarantees, sales tax credits on building materials and clean-up iabiIity protecIion Local examples of o1her BrownfieIds: Lake Worth's CRA district is a BrownfiekI West Pam Beach's Norlhwood CRA is a Brownfield. On a Brownllekllot in Lake Worth, developers are creating a living systems building - fully self sustalnable and built entirely green, all on a Brownfield. AddiIIonally, accoRIing to CRA Exec Director Lisa Bright & SBve Walker, PA. a Brownfield designation does NOT: 1.) Require 1hat a property be cleaned up 2.) Allow a govemmen1al entity to eminent domain property 3.) Lower property vaJues 4.) InIeIfere with property 1ransfers 5.) ShowuponachalnoftiUe It was also explained that while BrownfiekI designations are lypicatIy pIaoed on oommeroial and lnduslrial property, that oftenIImes residential property downsIream from businesses such as gas slations, dfYCleallEllS, ek:., are aU in ~er of being oonIaminated. The Gu/fstream Lumber site project in particular has been delayed for years because of EPA issues. With a 8nMnlieId dasti6cation,lhey can reIroacliveIy go badt and IecIaiIn some of Ihose monies used for clealHlP. CRA members explained that the I88SOIlI1ey wanIed b app\y this 'invisible IayeI' to !he entire CRA district is stricIIy to more or less simplify the legal description process and in hopes expedite the line frame of coqlleting it INCA member Nancy Chandler advised that Comm. Rodriguez was g<q to briJJ for1h a plan that exduded I8SidenIiaI neighbolhoods from the Brownlield cIassIi:ation (which is subsequenlIy what came III pass at the 3125 oormissIon R\lllllqJ). CRA's EnvironmenIaI AtIomey advised that for projects such as what is being proposed via the cily's DownIoIm MaslIlr PBn, name\y a Inear IJftIeIl space paJk for a speciIic sIJetch of land between the railroad tracks and US-1. even if it was simply turned into a park, if the area was conIaminated, the cily would be financiaI\y obligated to clean up any and all volatile organics 1I1at may be lurking on the site. The CRA members also cIariIied their role In the ciIy which is to implement tools to fadlilate redevelopment, sIImuIate job glONlh and revitalize an area in an aoceIerated mamerwhele phasing and approval processes tor development projeds are ooncemed. . Executive Director Lisa Bright says the legal pIaUing process will lake approximately 1.5 years to oompIete. INCA thanked meeting attendees for their appearance and infonnation they all provided. NEW BUSINESS: Otto (369.5534) advised there was a woman and children only Coast Guant program coming up on the 15" of Man:h (passed) where women and children learned basics of boating safety and navigation in the event of an emergency. Also reminded eveJyOII9that Apnl26, 2008 is the great American clean-up project laking place at Boynton's Boat Club Park. John Alvaroe motioned to adjourn and Geneviewl Manis seconded. The meeting adjoumed at 8 PM. Respectfully Submitted as amended, Paula Melley, Seaelary Executive Board Meeting: 4114108 at Past-President Buck Buchanan's home, located at 807 Ocean Inlet Cove. The meeting was called to order at 7:20 pm. Nancy chandler invited for discussion the minutes from the previous INCA meeting. Meeting minutes have been amended to reflect the following changes: · Give attribution in the 'Brownfields does NOT' section to CRA Exec Dir. Lisa Bright & Environmental Atty. Steve Walker . Change John Alvaros to 'Alvaroe' With those changes, John Keith seconded to accept the minutes as amended. Treasurer's Report: It was not prepared at the time of this meeting, but assured it would be ready for the general meeting in May. There was some general discussion about the difference between INCA's executive board meetings and general open board meetings. There was also some suggestion that no vote could be taken, even though roughly 9 or 10 of the 14 executive directors were present. There was also concern that the meeting was being advertised as 'open' and not 'general.' After added input, it was decided that with such a high turnout of executive board members, that if a vote was required a vote could be called. Committee Reports: FEDERAL mGHW A Y BEAUTIFICA nON PROJECT: It was noted that quite a bit of the paver brick around utility poles and some sidewalks had been replaced. John Keith indicated that a meeting he had with Jeff Livergood recently showed that Mr. Livergood had 'conviction' in getting this project done. Next steps... · Put added pressure on FPL to step it up; · Focus attention on Comcast and Bellsouth regarding lines hanging from poles in need ofrepairltidying up; · John Keith advised he'd put a call into Mr. Livergood regarding the utilities; · Steve Homrich will also continue forging ahead with respect to plush plantings along US-I; · A friendly phone call to code enforcement regarding some violations in the area was also suggested, namely: o Cars for sale along the corridor with nothing being done; o Yachtman's Cove Plaza: was noted that plywood was laying around and that more should be done for cleaning up of construction debris in such highly visible areas · Regarding code enforcement, Buck Buchanan advised that some of the eye sores being noted should not create a hardship for developers in the area struggling to hang on to land for future development projects. Reminders were given of the Great American Clean-Up taking place April 19, 2008 8-noon as well as the Coast Guard's Clean-Up project taking place ApriI2~. Genevieve Morris advised she'd be at Intracoastal Park handing out garbage bags and ice water, along with a baseball cap premium. LAND USE COMMITTEE REPORT: Nancy Chandler provided an update on the Brownfields designation. She, along with several other members of INCA, attended a meeting to express their concern over this designation canvassing residential areas. (Originally, CRA staff recommended that the entire CRA district be designated a Brownfield.) The latest: Comm. Jose Rodriguez sent forth a recommendation to EXCLUDE neighborhoods from the Brownfields designation, but to INCLUDE at least two (2) developing areas currently under way in the HOB to help rebuild and reclaim funds from environmental clean-up requirements. A future agenda item addresses having CRA and city staff work together to ensure what areas are going to be classified as Brownfields, at which time public comment will be invited. Nancy invited INCA members to attend upcoming CRA/Commission meetings to show their support AGAINST designating residential areas as Brownfields.. The impetus for this Brownfields blanket, according to CRA Exec. Director Lisa Bright, was to simplifY and expedite the legal description process. INCA members had mixed views of the level of difficulty this process presented. It was also indicated that people abutting commercial properties that would like to be included could 'opt in' at a later date once the Brownfield designations in commercial/industrial areas, along with select residential areas prepped for development, have been established. Lulu DaCamara committed to keeping all apprised as to when the Brownfields designation is going to be voted on. An anecdote was given on the flip side of the Brownfields equation. A Chiropractor, looking to locate his business in Boynton, couldn't because the property he wanted to purchase was adjacent to a gas station. Because of this, he couldn't get a loan, even though testing showed the property wasn't contaminated. Concern over not having an independent CRA was also expressed, With the CRA deriving its money from Tax Increment Finance (TIF) monies, rooftops are ultimately how the CRA obtains its funding. Nancy Chandler stated that the city commission needs to strike a balance between big developers and the little guy, and that wearing both hats creates a possible conflict. BOYNTON INLET COMMITIEE: John Keith reported that the previous meeting had been poslponed and that the upcoming meeting was taking place in May. Evidently the group examining the prospect of widening the inlet is trying to break the surge report into a list in terms of priorities that would be placed on the engineering firm. Basically, the Inlet committee is at an R & D phase and that INCA's Boynton Inlet committee will continue to monitor the goings on of this project, gather facts and stay abreast of the situation. PICNIC & NEWSLETTER COMMITTEES: Genevieve Morris handed out raflle tickets for prizes, where purchasers could choose, art, sports and/or food. Was also announced that Susan Weeks landed a food critic from the Palm Beach Post to attend as the celebrity judge for the potluck items. OLD BUSINESS... INCA President Belinda Murphy asked for clarification regarding CRA granting neighborhood associations money for various projects, namely the need for meeting space. Buck Buchanan indicated that it was passed at a recent CRA meeting. He offered to follow up on this item and clarify. NEW BUSINESS..... GUEST SPEAKER OPPORTUNITY: For a future meeting, Paula Melley offered to bring in W. Thomas LaVash, Consultant for Economics Research Associates (ERA), to discuss the next critical steps in Boynton's Downtown Master Plan and how the plan will be prioritized monetarily. With US-I being a piece of this redevelopment, where those funds get spent and when they get spent stand to directly impact neighborhoods within INCA. It was also stated that there were business owners within INCA who had committed to covering the honorarium of bringing him in to speak. A motion was made to accept the guest speaker, but it was not seconded, so the motion failed. INDEPENDENT CRA: John Keith motioned to address the issue of establishing an independent CRA at the next general meeting. Mr. Urz seconded it John Alvaroe made a motion to adjourn. Belinda Murphy seconded. Meeting was adjourned at 8:30 PM. Respectfully Submitted, Paula Melley INCA meeting minutes 5112/08 Boat Club Parll The meeting was called to oRler by INCA President Belinda Murphy @ 7:15 PM The Pledge of Allegiance was peIformed. There was a motion to accept the minutes which was then tabled unfJlthe June meeting as the Maroh minutes were not provided in writing at the time of the meeting. Treasurer Brad Cooper provided the Treasurer's Report: Inlet Cove Association Treasurer's Reportperiod ending may 1212008 May 12,2008 Commerce Bank Inlet Cove Association, lnc Account # 6860002986 ~ Balance as of 5/1212008 $4,895.4~ LuLu Da CamaI8 donation $200.00 Boat Club Park rental $37.28 Ward Ad Ad $120.00 GenevIeve oIIIce $62.99 LuLu Da Camara Il8lIS IeIfer $94.68 Cove $200.00 Cove donaIIon $545.04 Ad $120.00 1 Cove donation $125.00 Yachlman's Cove $1.025.41 Cequila Cove $890.00 Harbor Estates $1,845.00 General Fund $1,135.06 Total $4,895"7 John Alvaroe made a motion to accept Treasurer's report. Buck Buchanan seconded the motion to accept the treasurer's report. CommIIIee Reports Us-1 BEAUTIFICATION COMMITTEE Jonathan Keith advised the group !hat he'd thanked JelIiey Livergood of the Cily of Boynb1 Beach for his etfor1s. Some ilems they're working on: · BelIsoulh - work/QaJ with !hem to get in line with FPL as well as Comcast where the maintenaooe of lines along US-1 are concerned. . Mr. Keith reporled lhat SIeve HomrIch is sa diIigenlIy pushing for landscaping along the medians · Mr. Keith also asked that individual neighborhoods take iwenklIy of Iheir 011II infrastructure and submit those requests to the city for consideration and rectification. Things to be mindful of would be items such as broken ClIIbIng, tree branches dangling, aesthetically displeasing things, etc. · Regarding, garbage receptacles - it was requesllld !hat at a future meeting Steve Homrich advise us as to the status of the garbage cans for US-1 and the CRA possibly helping fund lhis InIliative o BACKGROUND ON THE GARBAGE CANS: This was part of the recommendaIlons submitted by the lnfraslructure Committee as part of the latest visioning process for the city and the Boynton Beach Assembly back in October of lest year; at the end of the process, each of the five (5) subcommiItees submiIled their findings to the Cily CommIssIon for consideration - no action was taken !hat night, then 2 weeks following the presenlation, Buck Buchanan reported that the commissioners 'blew lhrough'!he recommendations and hemmed and hawed reg~ !he bus stops, commenting that in order to offsel!he cost of the bus stops, that adveItlsemenls on the bus stops would be advantageous, but that residents weren't wiDing to have advertising on the bus stops. teaving us at a mIIedIve impasse. · It was requested that residents send emais to city IeadeIs to apply added pressure with respect to these issues · It was also acknowledged !hat the overriding lssue where the cans are lXlIlalrIllld is the actual pick-up and removaIIdisposal of the trash but it was also highlighlBd that the city roullneIy picks up 'bigger ticket' items by hand and not !he robotic arm and that the same measures oould be applied here where the nicer, more aIIractive Iooklng garbage cans are concerned. President Murphy requested to be notified when the next meeting between INCA members and Jeff Livelgood is laking place so that she might draft a IeIIer imptoring the city to push harder for the bus stops. LAND USE Nancy Chandler reporled that the map of the Brownfields is to be unveiled al!he May 2()lb meeting; it was also reported that a vote at one commission meeting was of conoem. According to Ms. Chandler Comm. Ron Weiland made a motion to include aft of!he navhborhoods again in the Brownlields designation; according to Ms. Chandler it was not on the agenda but he made the motion. She also reported that Comm. Jose Rodriguez made a counter motion to accept the CRA board motion to have 0I'I1y indusbial and convnercial properties induded in the Bn:MnIieIds - and to existing residential areas already tied to future redevelopment, i.e. the Heart of Boynton and Ocean Breeze project areas. Ms. Chandler also reported that she spoke out again at the latest meeting and requested to see the map prior to the next Commission meeting before a vote was taken. Comm. Weiland apparenUy advised that some residential areas around Woolbright and the Old Lumber Yard were also going to be included. Given the uncertainties, Ms. Chandler advised she was pulSUing a copy of the map in advance of the May 21Jti' meeting, even though City manager Kurt Bressner advised it wouldn't be ready until just before the Commission meeting. Nancy Chandler advised she drafted an emall to all commissioners stating that if you're drawing it now - you should be able to shl:M lIS - so the citizens have time to lIVeSt the infonnation and provide intelligent comment Ms. Chandler urged everyone to come to the May 2()lI> meeting to show their support/concern regarding the Brownfields designation. Ms. Chandler also advised that at the CRA Board Meeting, Comm. Rodriguez's motion to exclude residential properties passed 4-1 at the CRA meeting, then passed 3-2 at the Commission meeting, with the same people seated for both voles. BOYNTON INLET Lulu Da Camara and Nancy Chandler reported that they went to a meeting for the Inlet OI'Ily to find out that it was postponed and that the next meeting is in July NEWSLETTER NOTHING TO REPORT OLD BUSINESS MEETING SPACE: It was confinned that the CRA IS supplying a grant for community meeqs, including INCA's monlhly meeting space requiren19nt BelInda Murphy advised she has the application and that she'D submit to the CRA prior to 5f25 so they cen proalSS it beginning with the June meetirVs with the hope of calling the Intracoastal Park home for future INCA meetings. John AIvaroe thanked everyone for working so dHigently in making this happen. INDEPENDENT CRA: Discussion was opened to consider making a motion for the reestablishment of an independent eRA, where INCA would put a proposal together encouraging that the CRA be independent again. Buck Buchanan advised that to have the same 5 people for the commission and the CRA presents a conlIict and that they should be separate. It was advised that the only oIher city JocaBy with !his kind of ammgement is Riviela Beach. Nancy Chandler commented that INCA is to remain neutral and non-poIicaI. Buck Bud&lan advised that lhIs wasn't an act of backing a candida over another. Mr. Buchanan also conmenIed that thlee (3) of the commissionels cunenUy sealed ran 01'1 a platform committing themselves to restoring an independent CRA. John Alvaroe made the motion to proceed with the proposal for the CRA to be independent again. Genevieve Moms seconded. The motion is as follows: That INCA, as an entity, send corresponcIem:e to the city to Implol1l the city to establish an independent eRA board and reinforce and reiterate the importance of the cone of silence. Belinda Murphy advised that she would draft and sign the letter to be submitted to the eRA. A vote was taken and the motion carried unanimously. INTRODUCE GUEST SPEAKER Otto Spielbichler --Coast Guard. Otto advised that the Coast Guard is a volunteer organization comprised of people in their 60s and 70s. Their primary goal is to make boaters on the water and the boats that they're in a lot safer. Education is their game. USCG auxiliary fIoblla 54 accounts for 700-800 boaters Talking trash... THINK BEFORE YOU THROWI Mr. Spielblchler advised that things we throw into the water can last for hundreds of yearslll and that animals oftentimes misteke plastic bags for jelly fish, which for some aquallc life is their main food source, so the bag gels eaten and then gels lodged in the throals of the likes of Ioggemead turtles and the animal subsequenUy chokes to death ANECDOTES: StryofoamCl cups last for dozens of years. Cigarette butts: 600 producIs go into it to make it taste better. Boaters are famous for flicking cigarettes overboard. Do you really want to eat a fish thafs feasted 01'1 your old cigarette butts? The Coast Guard's women's course was also touched upon as a great resource for women to leam more about boating safety and Ile bare bones neoesslties in the event of an emergency at sea, where the man, who typically is at the helm, is incapacitated. At the course. women Ieam how to operate a radio, flares, key the mlc, start the boat, etc. To get the schedule for upcoming classes, visit: www.coastQuard auxiliary and look for fIotI1Ia 54. BOTTOM LINE FOR BOATERS: If you have a boat: connect your DSE radio to a GPS plotter. To learn how the system works, go 011 the web and googIe for 'can you hear me?' radio program for boating. ThIs gives a good explanation of how the system works. If you're in distress. and patched Into the DSE radio, when you hold the red button a signal goes out to the satelIlte and subsequenlly go dlreclly to the Coast Guan:l station. Otto advised that not enough boaters are utilizing all of the benefits of having DSE radios and GPS aboanl their boals and that they should be interlacing for greater safety. Regarding towing, USCG can NOT tow you unless the people on the boat are in Imminent danger of death. Cannot do towing - unless the people 01'1 the boat are Everyone thanked otto for being here and gMng lIS this useful marine infonnation. John Alvaroe made a motion to adjourn Jonathan Keith seconded Meeting was adjourned at 8:04 PM Respectfully Submitted, Paula Melley MINUTES OF THE BOYNTON BEACH ARTS COMMISSION MEETING HELD ON TUESDAY, MAY 27, 2008, AT 6:30 P.M. AT THE GREATER BOYNTON BEACH CHAMBER OF COMMERCE CONFERENCE ROOM, BOYNTON BEACH, FLORIDA PRESENT: Cheryl Arflin, Acting Chair Barbara Lentz Barbara Ready Nubia Richman Halena Wolf (arrived at 6:46 p.m.) Dana Cook, Alternate Anderson Slocombe, Alternate ABSENT: Angela Budano Christine Moeller I. Call to Order The meeting was called to order at 6:37 p.m. II. Roll Call of Members The Recording Secretary called the roll. A quorum was present. III. Agenda Approval The following changes were requested: . VIII B., Selection of new Avenue artwork for 2008/2009, be postponed to a future meeting . An item be added for future discussion to extend the on-loan exhibit to the library, and to feature Art in Public Places programming at the library. Jack Bowers, one of the artists who submitted artwork for Avenue of the Arts, was present. He was advised that although the selection of the new Avenue artwork was removed from the agenda, he was more than welcome to stay. Mr. Bowers opted to leave. 1 Meeting Minutes Arts Commission Meeting Boynton Beach, Florida May 27, 2008 Motion Ms. Ready moved to approve the amended agenda. Mr. Lentz seconded the motion that passed unanimously. IV. Approve Meeting Minutes A. Approval of April 22, 2008 meeting minutes The following corrections/clarifications were requested: . Page 3, paragraph 4, Ms. Budano and Ms. Ready would vote for themselves, rather than for each other. . Page 3, paragraph 4, the sentence pertaining to Ms. Arflin should read, "Ms. Arflin advised the board that it would be consistent with Robert's Rules of Order. " . Page 5, paragraph 2, third sentence, change Boynton Forum to Fort Pierce. . Page 6, Paragraph B, the third sentence should be clarified to read, ''They noted most pieces on the Avenue of the Arts could be moved...". . The notation reflecting Ms. Arflin's late arrival should be deleted. Motion Ms. Ready moved to accept the minutes as amended. Ms. Richman seconded the motion that passed unanimously. V. Annual Election for Chair and Vice Chair Discussion ensued with regard to the election previously held, and it was believed the source of the difficulty pertained to the Sunshine Law. The members agreed to vote with a clean slate. Nominations were opened. Ms. Wolfe nominated Barbara Ready, and Ms. Lentz nominated Angela Budano to serve as Chair. 2 Meeting Minutes Arts Commission Meeting Boynton Beach, Florida May 27, 2008 Motion Ms. Wolf moved to close the nominations. Ms. Lentz seconded the motion that passed unanimously. Vote Ms. Arflin, Ms. Ready, Ms. Wolf and Mr. Cook voted for Barbara Ready, and Ms. Lentz, Ms. Richman and Mr. Slocombe voted for Ms. Budano. Ms. Ready was elected to serve as Chair. Chair Ready called for nominations for Vice Chair. Ms. Lentz nominated Angela Budano. Ms. Richman seconded the nomination. There were no other nominations, and Ms. Budano was elected to serve as Vice Chair. VI. Announcements Ms. Arflin expressed her gratitude for the expressions of sympathy received on the loss of her father. A. Artavox, Thursday, May 29, 2008 Ms. Lentz attended last year's Artavox, a wonderful event which featured live music and performers. Admission was free. This year's event was taking place in Abacoa, and was by invitation only. Artavox provided an excellent venue for networking and an opportunity for artists to showcase their talent. Members of the Palm Beach County Cultural Board attended the event each year. Board members could RSVP on line. Ms. Coles-Do bay announced artist Suzette Urs extended an invitation to graduating seniors from local high schools to exhibit their work at her gallery. The event was scheduled for Friday, May 30th, at 6:00 p.m., and would provide a wonderful opportunity for the teens to showcase their talent. Ms. Coles-Dobay encouraged all board members to attend. B. June 24, 2008 Regular Meeting Moved to Wednesday, June 25, 2008 Ms. Coles-Dobay requested the date of the regular meeting be changed to Wednesday, June 25th, as she would be out of town at a conference. The members felt Thursday, June 26th was more convenient. Ms. COles-Dobay would confirm the availability of the date with the City Clerk's office, and if there was no conflict, the meeting would be held on June 26, 2008. 3 Meeting Minutes Arts Commission Meeting Boynton Beach, Florida May 27,2008 VII. AIPP Budget Report Ms. Coles-Dobay noted the report provided an overview of the revenue and expenses from the beginning of the program up through 2008/2009. She discussed the ordinance which adopted the Art in Public Places (AIPP) program on October 5, 2005, prior to her employment with the City. The ordinance grandfathered development projects commenced prior to the adoption of the ordinance. New projects could take more than a year to reach the permitting phase, especially if a site plan extension had been granted. The Public Art fee was collected as a condition of the issuance of a building permit. Revenues and expenses for 2007/2008 were provided through April 29, 2008 and, overall, the program was in the red. It was anticipated expenses would be recouped in the second half of the year. The total budgeted expenses for this year included $50,000 designated for Avenue of the Arts. The amount budgeted for 2007/2008 was $212,500, and it was anticipated expenses would be approximately $164,000. The sum of $100,000 was budgeted for the acquisition of Public Art, $1,891 of which had been spent to date. The report also reflected the 2008/2009 budget, which provided approximately $50,000 less than the current year's budget for the acquisition of Public Art. The report provided an itemization of the budget, and included costs for personnel, operations and acquisition of Public Art. Some of the printing and binding expenses were incurred for brochures for the Avenue of the Arts and the Carolyn Sims projects. Ms. Coles-Dobay cut printing costs dramatically by utilizing Vista Print, an on-line vendor, and by preparing all the graphics. It is anticipated the program would become solvent next year based on development projects coming into the City. Last year, the operations portion of the budget totaled $67,852, most of which was spent on construction pads for Avenue of the Arts. The figures shown in the budget report for projects were based on Public Art fees of 1%, 70%, and 30%. The 30% disbursement was for the administration of the program. The 2007/2008 AIPP Plan itemized the expenses approved by the Arts Commission and the City Commission for the acquisition of Public Art. For the most part, expenses had already been utilized for brochures, website updates and structural engineering. Permitting and stipend expenses had not yet been utilized. No funds were earmarked last year for the Heritage Celebration; however, Ms. COles-Dobay noted the board might wish to consider designating funds for the celebration this year. The question was raised as to the sources of funding for the program in the current year. Ms. Coles-Dobay explained projects forecast for this year and next year were reflected in the budget and would prOVide a source of funding. Additionally, grants and fundraisers provided other options for funding. 4 Meeting Minutes Arts Commission Meeting Boynton Beach, Florida May 27, 2008 It was asked whether the percentage of fees for permits applied to residential as well as commercial development. Ms. Coles-Dobay advised the fees excluded single-family homes on infilllots. Ms. COles-Dobay advised the 1% fee for Oceanfront Park was $21,000, rather than $2,100 as reflected in the report. The question was raised as to who would be responsible for leasing vacated buildings, and it was noted the owner of the building would be the individual who would lease the interior space. It was noted the members should be aware of the funding status prior to making recommendations, and that perhaps the reports prepared by Ms. Coles-Dobay should be provided monthly. Most of the members agreed quarterly reports would be more suitable. Recommendations could be made to the City Commission once the funding status was established. When recommendations were made to the City Commission, an agenda cover sheet was provided reflecting the accounts from which the funds were generated, and the cover sheet was signed by the City Manager, Finance Department and Legal Department. VIII. Avenue of the Arts A. Recommendation to Purchase Avenue Artwork Items to be considered when making the recommendation included tax revenues, budget shortfalls, budget balancing and press reports. Public perception should also be considered. Residents were asked to vote for their favorite sculpture to assist the City in purchasing Avenue of the Arts artwork. Public perception was that taxpayer dollars were paying for the sculptures. Therefore, it was important the public be made aware that the Art Commission's funds were generated by the ordinance, and not the City's general fund. An article by Mitra Malek, staff writer for the Palm Beach Post, pointed out the development projects paid for the purchase of the artwork, and the City's Public Art ordinance required the collection of 1% on new construction, with 30% of those funds paid for programs such as Avenue of the Arts. Ms. Coles-Dobay noted one of the functions of the Avenue of the Arts program was to provide artwork on loan downtown which would generate visitors and stimulate revitalization. Artists participated in the Avenue of the Arts on-loan program, as they were aware the program would be purchasing some of the artwork. Knowing this, some of the artists reduced the price of their artwork. For example, Penny Collins reduced the price of Rings of Promise from $28,000 to $14,000. The artwork displayed on the avenue was also available for sale to the public, and 10% of the sales would be 5 Meeting Minutes Arts Commission Meeting Boynton Beach, Florida May 27, 2008 paid into the program. Ms. Coles-Do bay provided a chart which included information relating to the artists, artwork, the public voting results and maintenance requirements. Other considerations included permanent placement of the artwork and the timing of the recommendations to the City Commission. It was noted the 2007/2008 budget reflected a negative balance of $27,000; however the $116,000 allotted for expenses included the $50,000 to purchase the artwork. The program was not required to spend the entire $50,000. It was stressed the City Commission was mindful that the program was new and as such, would not always reflect a negative balance, especially in light of the anticipated projects. Discussion ensued regarding the artwork submissions. Board members were impressed with Frank Varga's Seahorse Fountain, $20,000 (which included making the sculpture into a fountain), and felt it should be relocated in front of the library. Additional costs for plumbing and a concrete pad would be necessary to relocate Seahorse Fountain. Ms. Coles-Dobay would ascertain the additional costs and bring this information back to the board. She also noted if the members wished to go forward with the purChase and relocation, approval would be necessary from the Library Board. The members were also impressed with Penny Collins' Rings of Promise ($14,000), but believed the Seahorse Fountain was more in keeping with the Boynton Beach theme. Chair Ready noted the board could recommend the purchase of both pieces, which would total $34,000. If purchased, there was consensus for Rings of Promise to remain at its current location. It was suggested to include in the board's recommendation to the City Commission an acknowledgement that as the purchase fell within the budgeted amount but exceeded the amount currently in the AIPP account, the board would like to recommend the purchases if the Commission was willing to advance monies for the project. Motion Ms. Arflin moved that the board include in their recommendation to the City Commission the verbiage that the purchase falls within the budgeted amount but exceeds the money currently in the AIPP account, and if the Commission was going to advance monies for this project, the board would like to recommend the purchase of Seahorse Fountain and Rings of Promise. Ms. Wolf seconded the motion that passed unanimously. Motion Ms. Wolf moved that, as Rings of Promise was already in place, the members liked the piece, and received favorable reviews from residents, the board go ahead with the 6 Meeting Minutes Arts Commission Meeting Boynton Beach, Florida May 27, 2008 purchase of Rings of Promise and leave it in its current location. Ms. Lentz seconded the motion that passed unanimously. Motion Ms. Richman moved that negotiations be opened to acquire Seahorse Fountain and if possible, that it be moved to the Library area upon approval of the Library Board, and to find out what it would cost to move it, as well as the costs for the pad and installation. Mr. Slocombe seconded the motion that passed unanimously B. Selection of New Avenue Artwork for 2008/2009 This item was postponed to a future meeting. IX. AIPP Master Plan Detail Discussion A. Public Art Sectors Ms. Coles-Dobay noted this item was continued from the last meeting. She prepared a chart identifying with an "X" Public Art opportunities in various sectors of the City that were designated at the last meeting. The checkmarks indicated areas where Public Art was planned or already existed. The Federal Highway corridor was identified as northern and southern City boundaries, and touched upon the different cultures, history, and hidden jewels. Jaycee Park would include interpretative Public Art markers which, through site interpretation and planning, would create a holistic experience that would inspire visitors to understand estuary ecology and its connection to the Gulf Stream ecosystem and Boynton Beach's fishing and cultural heritage. The information provided would set the stage for areas to be considered in the master planning. It was determined Seahorse Fountain and Rings of Promise were relevant to the Town Square sector. Members suggested focusing on identifying areas for specific locations for the pieces and then prioritizing, beginning with areas already established, such as the area in front of the Schoolhouse Children's Museum and Town Square. Chair Ready noted that Town Square was within reach, as RFPs and RFQs were going to be solicited. It was suggested something be done with the amphitheater, which could serve as a formal sculpture and tied into a cultural corridor recommended by EDAW. As part of the project, the developer would be required to pay a 1 % fee, which could help pay for the amphitheater and turn it into Public Art. The members agreed Town Center was within reach and the most logical place for development to begin. Ocean Avenue and the Federal Highway Corridor could also be 7 Meeting Minutes Arts Commission Meeting Boynton Beach, Florida May 27, 2008 considered. It was also suggested, in addition to Public Art, educational components and public events be considered. A kinetic art event would be suitable for the Federal Highway Corridor and possibly, the Renaissance. Further discussion would continue on this item. B. Plan Workshop date, Saturday, June 14, 2008, 10:00 a.m.-2:00 p.m. There was consensus to hold the meeting on Saturday, June 14, 2008 from 10:00 to 2:00 p.m. X. Unfinished Business A. Opus 14 Maintenance and Purchase - June 26, 2008 Ms. COles-Dobay distributed information provided by Rick Beau Lieu relating to the Opus 14 Sea Turtle sculpture, including maintenance requirements. Ms. Coles-Dobay would also obtain the opinion of a conservator regarding the proposed maintenance and provide this information at the next meeting. B. Arts Commission Duties and Responsibilities Update - June 26, 2008 This would be discussed at the June 26, 2008 meeting. XII. New Business None. Adjournment There being no further business to discuss, the meeting properly adjourned at 8:42 p.m. ') . J&~, ../~ ~e' D. Kahn Recording Secretary 061808 f)1 - 8 1Il~~~Y~T8~ eRA 111 East Side-West S',de-Seaside Renaissance eRA BOARD MEETING OF: July 8, 2008 I I Consent Agenda I Old Business New Business Public Hearing I X I Other SUBJECT: Updating CRA Listing On City Web site SUMMARY: CRA staff has been investigating the sources of public misinformation regarding the role of the CRA and is working with City staff to update the City's web site which contains outdated information from 2001 as it relates to the CRA. The agency is listed as an "Advisory Board," as well as included on the "Advisory Board Application," and categorized along with other various volunteer boards such as Community Relations, Arts Commission, Education, etc. FISCAL IMPACT: None. CRA PLAN, PROGRAM OR PROJECT: CRA Marketing and Branding campaign. RECOMMENDATIONS: CRA and City staff are updating this information, creating a separate webpage for the CRA to include the agency's logo, tagline, Mission Statement and link to agency's website. /'1 . <--' ~r -~. ~~9-1'- Margee Ade~perger Marketing and Communications Director T:\AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS\Completed Agenda Item Request Forms by Meeting\FY 2007 - 2008 Board Meetings\08 07 08 CRA Board Meeting - July\CRA Info On City Website.doc From: Adelsperger, Margee Sent: Wednesday, June 25,20084:24 PM To: Bright, Lisa Cc: Brooks, Vivian; Utterback, Theresa; Wiser, Alina Subject: CRA Listing On City Website lisa, The City website currently lists the CRA as one of the City's Advisory Boards, also on its Advisory Board Application, as well as under the Development Department category. Below are links to those web pages I and text listed to describe the CRA's responsibilities: http://www.bovnton-beach.orq/qovernmentlelectedofficlals/advisorvboardslindex.html http//www.bovnton- beach.orq/qovernment/elected offlcials/advlsorv boards/docs/Advisory Board ApPointment Ap plication. pdf http://www.boynton-beach.orq/qovernment/departments/development!index.html Content currently listed on City website: CRA Responsibilities - Within the Community Redevelopment Agency boundaries, approve, update, and implement all development and redevelopment plans; review and make recommendations on all development master plans, site plans and Planned Unit Development; approve the acquisition, demolition, removal, or disposal of property as needed to alleviate slum and blight; hear and decide administrative appeals, special exceptions and variances related to land development. Membership should include, but is not limited to, design professionals licensed in the disciplines of architecture, landscape architecture, landscape design, planning, real estate and economics. I am working with CRA staff researching the Agency's historical timeline from when it was still a City department and served in the capacity as an Advisory Board (2001?) to when it became a separate, legal entity (2003-04??). I am also re-writing the CRA description (Mission Statement) to replace what is on the City website. Once my research is complete, I will forward the draft of the CRA description for your review before contacting Wayne Segal for assistance in re-categorizing and updating CRA information posted on the City's website Quick question: Will these changes need to go before the Board for approval? Margee Adelsperger CRA Marketing and Communications Director 0(561) 737-3256, ext 204 C (561) 685-8883 www.bovntonbeachcra.com From: Karjalainen, Alan Sent: Thursday, June 26, 2008 5: 19 PM To: Adelsperger, Margee; Segal, Wayne Cc: Bright, Lisa; Brooks, Vivian; Leal, Tony; Wiser, Alina Subject: RE: Independent CRA Board Thanks for notifying me about these changes. Since I had left work for the day by the time I received your request, I logged in at home and removed references to CRA from the Advisory Boards and Development webpages. (By the way, the Development reference amounted to a button on the left navigation column. Even though CRA and Development Dept. are entirely separate entities, that button was a link pointing to boyntonbeachcra.com to help drive traffic to CRA website and to help those visitors find info about the CRA.) As for the Advisory Board application form, I will need to edit that from my desk at work tomorrow. I'll be in touch tomorrow and have a good evening. Thanks, Alan From: Adelsperger, Margee Sent: Thu 6/26/2008 4:35 PM To: Segal, Wayne Cc: Bright, Lisa; Brooks, Vivian; Karjalainen, Alan; Leal, Tony; Wiser, Alina Subject: FW: Independent CRA Board Wayne, I think the most "time sensitive" element in updating the City's website would be to delete reference to the CRA from the Advisory Board and Development pages and the Advisory Board Application. Once I finish editing the CRA Mission Statement, I'll contact you to discuss uploading that information to the City's website and creating a separate CRA page that links to the agency's site. Thanks in advance for your assistance with this project Morgee Adelsperger eRA Marketing and Communications Director 0(561) 737-3256, ext. 204 C (561) 685-8883 www.bovntonbeachcra.com + eRA Project Map GATEWAY 8U1D A r I I \ ! . WOOLBRIGHt RD '. t SE 23id AVEf e,. ;i H< t5 /,;' .''S Iii . 'q; 6 .'.0~, il:.: .t '.. 8 · s o GULFSTREAM .. eRA Funded Projects I Marill.., 2 rhe Preserye J Promc-nade 4 Boynton BC!;\ch Blvd. Ext. J Promcn.."Jc F'olrk 5 H~art 01 Boynton 6 MLK Corridor 7 OcC!;\n Brel!ze . Private Development Projects I The Peninsula 1 Marina VIII~c J L3S Vllntan.u 4 SUMhioll SquarC! S Esu-ne ia 6&ywolllc 7 Harbor Cay e Bayfl"(>l'lt 9 Waterside City L:lrldm.,,'ks City Hall Old Hlgt! S(hool Schoolhouse Childl('Cn's M.usllum Bo)'nton'$ WOlN<n'$ Club CRA PROJECT STATUS Two Georges 24-Slip Marina, diveshop building, Casa Lorna Blvd and parking purchased for Preserve "Public Access of a Workin Marina" <4.8 Million> <3.5 Million> Secured from the County's $50 Million Waterway Public Access Bond, 2.0 Million in grants to renovate 04/07 the Marina 2.0 Million Additional Marina Info: 2007 RFP Issued - MSCW selected 2007 MSCW under contract 6/10/2008 CRA Board Ado ts Marina Conce tual Plan CRA Budget Workshop: Full-funding will allow a tar eted com Ietion date of: 01/2011 CRA sets aside monies for Homebuyers Assistance Pro am istrictwide Developer approaches CRA with "Workforce Housin Pro.ect" CRA staff negotiates an agreement to partner with Cornerstone for 50 units of workforce housing out 0 a 180 total units for The Preserve CRA staff negotiates and secures board approval for Direct Incentive Funding Agreement (DIF A) to ensure ro. ect is trul affordable for the ublic The Preserve is a critical project in contributing to the CRA/ City receiving the Housing Leadership Council C) Innovative Leadershi Award Developer spent considerable tunc resolving EPA issues, fire and safety concerns, ftnancing and dealing with ra idl declinin residen tial sales I J T:\DEVELOPMENT\CRA VS PRIV!\TE PROJECTS STt\TUS (,25f1S C~PROJECTSTATUS Action Despite all the chgallenges: The Promenade project is more than 40% com lete CRA staff renegotiated Direct Incentive Funding Agreement (DIFA) to exclude workforce housing component and to assist in keeping the project on time. Tar eted ro'ect com letion date Estimated value of D IF A - 8 Million (after project com letion Com leted Received Capital Projects Beautification Award Winner 2006 from the Florida Redevelopment Association RA Disposed of 310ts to BB Faith-Based CDC to develop 3 single-family homes. Project at permitting sta e. Disposed of 2 lots to Habitat for Humanity- 1 single family home completed and 1 single family home in desi hase. Final lot of the six total purchased on March 2008 a enda CRA Purchases a total of 2.8 acres on 4th/5th for townhouse project. Searching for a suitable relocation site for Community Caring Center. Goal is to issue RFP /RF 3rd Quarter 2008. MLK Self-Assembly comprised of landowners on the West end of Seacrest desirous of developing the first 4 acres to s ur redevelo ment Ci commission re'ects MLK Self-Assembl City commission holds special meeting to award InTown Developers Phase 2 and Phase 3 of the roO ect area T: \DEVELOPMENT\ CRA VS PRIV ATE PROJECTS ST A rus 6.25.08 2 1/06 - 2/06 a CRA PROJECT STATUS Action CRA Board directs staff to publish Request for Proposal for the MLK Corridor area (26.3 acres) of which the Ci / CRA owns less than 4 acres RFP Responses Received from InTown Develo ment and Auburn InTown Selected CRA and InTown negotiation process underway. InTown Development refuses to produce fmancial information and partnership agreements to eRA Board. Finkelstein prepares site plan for west side of Seacrest Blvd. InTown Partners, Richard Baron, advises he wants to purchase the parcel- CRA staff gives contact information to him T:\DEVELOPMENT\CR,\ VS PRIVATE PROJECTS ST/\TUS 6.2511H 3 C~PROJECTSTATUS Action CRA Board approves Purchase Agreement and simulatneous RFP to get this project in-line for FHFC fundin c de - Winter 2008 CRA Board disbanded RFP Selection at Board meeting - American Realty and Pinnacle Group withdraw their submissions, Auburn ou does the same RFP Reissued RFP Selection - American Real selected American Realty and CRA together meet deadline for CWHIP - FHFC for Oceanbreeze liC Ocean Breeze not selected to receive CWHIP fuding from state Staff working with developer investigating financing o ortunities to start 1'0. ect T:\DEVELOPMENT\CRA VS PRIVATE PROJECTS STATUS 6.25.08 4 PRIVATE DEVELOPMENT PROJECTS 1 The Peninsula 2 Marina Villa e 3 Las Ventenas 4 Sunshine S uare 5 Estancia 6 Ba alk 7 Harbor Ca 7 8 Ba front 9 Waterside Descri tion Underway, more than 50% complete (North Gatewav to Ci Com leted Project underway. Retail projection end of 2008 with residential timeline 2009. Reverted from mixed-use back to commercial, Fa<;:ade and Landsca in renovations underwa Com leted Com leted Discussing possible Apartment Complex with CR;\ staff. Com leted Com leted Other Private Develo ment Discussions: 1 Gulfstream Mall Bank of America/First Financial Plaza 500 Ocean Plaza (formerly know as The Arches 2 3 4 5 6 TOD Sites Small Business Develo ment Closin Will be part of eRA Economic Analysis for potential Ci Hall location sites Will be part of CRA Economic Analysis for potential Ci Hall location sites In fillancial discussions for eRA participation: challen es ill ettin abandonment of St. Mark's Church Various discussions about opportunities with property owners. Develo in an economic Ian T:\DEVELOPMENT\CRA VS PRIVATE PROJECTS STl\TUS 625(JK eRA BOARD MEETING OF: July 8, 2008 I I Consent Agenda IX Old Business New Business SUBJECT: Ocean Breeze Demolition Lien Public Hearing Other SUMMARY: During the planning stages of the HOB Community Redevelopment Plan in 2001, it was apparent the Boynton Terrace HUD facility would require substantial renovation of the structures or possibly demolition. In 2004, the back-to back hurricanes destroyed Boynton Terrace. Subsequently, the property was determined uninhabitable by the City. In order to ensure public safety, the buildings were demolished. The CRA reimbursed the City for the cost of demolition and a lien in favor of the City was placed on the property . In September 2005, the property was purchased by Boynton Associates, Ltd. who approached the CRA with an affordable housing concept. At the direction of the board, CRA staff drafted a Direct Incentive Funding Agreement including an element to forgive the City's lien for demolition as part of a local incentive according to the HOB Redevelopment Plan. In 2006 the CRA Board directed staff to no longer participate in negotiations for a Direct Incentive with Boynton Associates, but rather bring forth a purchase and sale agreement for the property. The CRA Board approved a purchase and sale agreement with Boynton Associates Ltd which included a forgiveness of the lien. However, the agreement included language that did not require the property owner to clear the title at or before closing. The CRA Board purchased the land subject to the lien enabling the board to either release the lien or seek monies against the future developer of the land. The CRA Board is under contract with American Realty for the Ocean Breeze Project. FISCAL IMPACT: None. CRA PLAN, PROGRAM or PROJECT: HOB Community Redevelopment Plan RECOMMENDATIONS: Staff recommends a release of li bet. c:rded in the Public Records of P Beach ~ounty 1 , . f c- Ji erof, C ttomey T:\AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS\Completed Agenda Item Request Forms by Meeting\FY 2007 - 2008 Board Meetings\08 07 08 CRA Board Meeting - July\Boynton Terrace Demo Lien Release.doc Ticor Title Insurance Company of Florida COMMfTMENT FORM Schedule B-1 Commitment No.: Agent's File Reference: 08-637 I. The following are the requirements to be complied with: / I. Payment of the full consideration to, or for the account of. the grantors or mortgagors. 2. Instruments creating the estate or interest to be insured which must be executed, delivered and filed for record: A. Warranty Deed from BOYNTON ASSOCIATES, L TD, a Florida Limited Partnership, to ZMJ INVESTMENTS. LLC, a Florida Limited Liability Company, conveying title to the subject property together with the following: I) Proof of registration of the limited partnership; 2) Affidavit is required to establish the authority and identity of the partners executing the documenL<; to be insured and 3) Satisfactory evidence that any corporate or limited partnership acting as general partner(s) is in good standing. NOTE: Spouse of individual(s), if any, to join in the above required instrument(s) or the document must state that captioned property is not the homestead of the grantor/mortgagor. B. Release of restrictions, reservations and easements as indicated and/or shown on that certain PInt recorded in Plat Book 4, Page 51, of the Public Records of Palm Beach County, Florida. C. Release of Resolution No. 05-176 recorded in Official Records Book 19662, Page 893, as affected by Lien Assignment and Subordination Agreement filed in Official Records Book 20768, Page 938, of the Public Records of Palm Beach County, Florida. D. Termination of Land Use Agreement as recorded in Official Records Book 8763, Page 1169, of the Public Records of Palm Beach County. Florida. E. Release of reservations to the Trustees or the Jntemal Improvement Fund of the State of Florida as set forth in that certain Deed recorded in Deed Book 709, Page 546 and Release of Road Reservation recorded in Official Records Book 20739, Page 486, of the Public Records of Palm Beach County, Florida. (NOTE: The right-of- entry has been released pursuant to F.S. 270.11 (2).) F. J. Payment of all taxes, charges, assessments, levied and assessed against subject premises, which are due and payable. The 2007 County Property Taxes are paid as follows: FOLlO NUMBER 08-43-45-21-07-003-1160 08-43-46-21-07-003-1170 08-43-45-21-07-003-1180 08-43-45-21-07-003-.1190 08-43-45-21-07-003-1810 08-43-45-21-07-003-1820 08-43-45-21-07-003-1830 08-43-45-21-07-003-1840 DATE PAID 04/22/08 04/22/08 04/22/08 04/22/08 04/22/08 04/22/08 04/22/08 04/22/08 AMOUNT PArD S; 853.15 1,053.26 1,053.26 1,053.26 1,053.26 1,053.26 1,053.26 1,053.26 GROSS TAXES $ 888.70 1,097.15 1,097.15 1,097.15 1,097.15 1,097.15 1,097.15 1,097.15 4. Satisfactory evidence should be had that improvements and/or repairs or alterations thereto are completed; that contractor, subcontractors, labor and materialmen are all paid. 5. Satisfactory proof, acceptable to the Company, must be Furnished showing ZMY fNVESTMENTS, LLC, a Florida Limited Liability Company to be existing and in good standing under the laws of the State where established together with an Affidavit establishing the authority and identity of the managing members executing the documents to be insured. 6. Payment of any pending or certified charges/special lien/assessments including, but not limited to: Sanitation, Utility, Road Paving, Wastewater, imposed by the City, County and/or the State. NOTE: Thig county may have speciallien/assessmenL~ imposed by the ]ocal municipality. These lien/assessments arc not discovered in a title search Dr shown above. 11,ese special assessments typically create a lien on real property. The municipality which governs subject property must be contacted to verify payment status. Farm C-SCH. B-1! (I'el'. 5194) Page 2 of3 DoubleTime@ 5.0.2 1 RESOLUTION 08-04 2 3 A RESOLUTION OF THE BOYNTON BEACH 4 COMMUNITY REDEVELOPMENT AGENCY 5 AUTHORIZING EXECUTION OF A RELEASE OF LIEN 6 ON PROPERTY FORMERLY KNOWN AS BOYNTON 7 TERRACE APARTMENTS AND CURRENTLY THE 8 SUBJECT OF THE OCEAN BREEZE 9 REDEVELOPMENT PROJECT AND PROVIDING AN 10 EFFECTIVE DATE. 11 12 WHEREAS, the City Commission of the City of Boynton Beach heretofore 13 authorized the assessment of costs of abatement of certain nuisances against the owners of 14 the property commonly referred to as the Boynton Terrace Apartmen1s; and 15 WHEREAS, the City Commission subsequently entered into a Lien Assignment and 16 Subordination Agreement which by its terms provided for the City's assignment to the 17 Community Redevelopment Agency of the Demolition Lien dated October 18, 2005 which 18 was recorded on December 13, 2005 in Official Record Book 19662, Page 0893 of the Public 19 Records of Palm Beach County, Florida; and 20 WHEREAS, the Community Redevelopment Agency has determined that the release 21 of the Demolition Lien will advance the Heart of Boynton Community Redevelopment Plan 22 by providing a form of incentive to American Realty which has undertaken redevelopment of 23 the property as the Ocean Breeze project. 24 NOW, THEREFORE, BE IT RESOLVED BY THE BOYNTON BEACH 25 COMMUNITY REDEVELOPMENT AGENCY, THAT: 26 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 27 being true and correct and are hereby made a specific part of this Resolution upon adoption. 28 Section 2. The Community Redevelopment Agency hereby releases the Demolition 29 Lien dated October 18, 2005 and recorded on December 13, 2005 in Official Record Book S:\CA\CRA\CRA Release of Demo lien (Boynton Terrace).doc 19662, Page 0893 of the Public Records of Palm Beach County, Florida as referenced in the Lien 2 Assignment and Subordination Agreement dated August 9, 2006 and recorded on August 23 3 2006 in Official Records Book 20768, Page 0938, of the Public Records of Palm Beach County, 4 Florida. 5 Section 3. The Chairman of the Board of the CRA is hereby authorized to execute the 6 Release of Lien. 7 Section 4. This Resolution will become effective immediately upon passage. 8 PASSED AND ADOPTED this day of July, 2008. 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 APPROVED AS TO PURPOSE: 25 26 27 By: 28 LISA BRlGHT, 29 Executive Director 30 31 32 33 34 35 36 37 38 39 BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY Jerry Taylor,- Chair J. Taylor J. Rodriguez R. Weiland W. Hay M. Ross S:\CA\CRA\CRA Release of Demo lien (Boynton rerrace) doc 1111111.11111111111111 PREPARED BY: Kenneth G. Spillias, Esquire Lewis, Longman & Walker, P.A. 17~i:lm Beach Lakes Boulevard $llpf 00 Wesj... Beach, FL 33401 ,:.......)''1 .~</ ') a \/"- \r~.(n\ \lLi'" r.o OJ LIEN ASSIGNMENT AND SUBORDINATION AGREEMENT ~CJa W#~REAS, the City of Boynton Beach ("City"), is the owner and holder of those certain liens enum~ted in Attachment "A" attached hereto and recorded in the Public Records ofPa1rn Beach cou:ri~~orida, said liens encumbering a parcel of property (the "Property") described as [,- ;\ follows: .'-.....,...... '(f"s ~~l ...-~ SEE EXHIBIT "K~TI ACHED HERETO AND INCORPORATED HEREIN BY REFERENCE ..;.%1......-:-. ((.~) '\.~. ...1.... And, v~-~'-:;' ~........,,\ ... ". ,,'''- /.' . WHEREAS, the ~if~::::~~,d the Boynton Beach Community Redevelopment Agency ("CRA") have entered into . ?c~t.fain lnterlocal Agreement of even date herewith for the CRA's funding of the demolition 0 (!!!~ structures currently existing on the Property pursuant to the City's building and code enforce~authority; and 't~/ ..-... WHEREAS, pursuant to tl{~j~l_ms of the Interlocal Agreement the CITY has agreed to assign its interest in the lien against(ib~).froperty that resulted from the City's demolition of the structures on the Property ("Demoli\i9$:'~en") in order to provide a mechanism for the CRA to secure repayment of the funds provid~~:fhe City for the demolition of the Property; and ~ CFN 200604921.22 OR BK 20768 PO 0938 RECORDED 08/23/2806 15:06:58 Pal. Beach County, Florida Sharon R. Bock,CLERK & COKPTROLLER Pya 093$ - 941; (4pgs) BOYNTON TERRACE APARTMENTS WHEREAS, the City and the CRA have agreed that the City's liens set forth in Attachment "B" shall be subordinated to the Demolition Lien as provided for in the lnterlocal Agreement. NOW THEREFORE, for and in consideration of Ten Dollars ($10.00), in hand paid by the CRA, receipt whereof is hereby acknowledged and for other good and valuable consideration, the City does hereby represent, warrant, covenant and agree as follows: 1. That the City hereby assigns its right, title, and interest in the Demolition Lien dated October 18, 2005 and recorded on December 13, 2005 in Official Record Book 19662, Page 0893 of the Public Records of Palm Beach County, Florida, to the CRA. The CITY retains the right to, and shall defend any action filed challenging or contesting the legality of the Demolition Lien, or the authority of the CITY to place the Demolition Lien on the Property. The CITY shall be entitled to recover its costs associated with defending the legality of the Demolition Lien or the authority of the CITY to place the Demolition Lien on the Property from the CRA at such time as the CRA either forecloses, or receives funds to satisfy the Demolition Lien. The CRA, at its own cost and expense, shall be entitled to foreclose the Demolition Lien at anytime following the recording and assignment ofthe lien by the CITY. Book20768/Page938 Page 1 of 4 2. That the liens held by the City as set forth and described in Attachment "E" hereto hereby are and declared to be for all times inferior and subordinate in lien, right and dignity to the lien of the CRA hereinabove-described. .5:\ 3. That the liens held by the City and described above and in Attachment "E" ~~!~ with the indebtedness secured thereby, are owned by the City and that said indebtedness h~~~t Been assigned, transferred, or pledged to any person or entity whomsoever, so that the CitY{(~~- its undersigned authorized representative, has full right and authority to execute this Lien ~s~gnment and Subordination Agreement. ;" ,'J ~?r;1r' The City certifies that there exist no other liens or encumbrances held by it with regard to-fh.~-::1troperty as of the date of the Interlocal Agreement and this Lien Subordination Agreement:-C.tli the extent that any other liens or encumbrances running in favor ofthe City may exist which ~At~et forth on this Lien Assignment and Subordination Agreement, any and all such liens and~eumbrances are inferior and subordinate to the Demolition Lien as provided herein and in the I~local Agreement. \.ts/ Dated this '(t;:::;:") day of AUG.U.ST ,2006. '~';:"~"'-;"'~ (6)) .~\,\... Signed, sealed and deJi~r~'l7 In the presence of: ~}.. 0 ~"""'.""'tI_.~~ , '-" ....:"'..,~.- "J: ,\, ~" ".J \!~.".. \r;;;.~) ,~ ii"Y'!.' 'i<-"" 7 ~} '7r/~ s((D Witness ((7) Va l / tl f ~~;;~fJ _ -0('( -e... Ott ::s " .:;:-::.)).Its: Print Name ~~ CITY OF BOYNTON BEACH u~~ By: ~-+\CLbLPG Witness '- c.d..O) \ (Y\ a_Yurt, ~ J Print Name I ATTEST: KURT BRESSNER CITY MANAGER APPROVED AS TO FORM AND LEGAL SUFFICIENCY: ~st. P?:t ~~ By: Lot" J s Cherof, Esquire o CI y Attorney Book20768/Page939 Page 2 of 4 .-' .. -- .-- .. . ~ .., ~ ,-.. .... . . '-J . :;.j -~ .1 ~ .~ .:a. .. . ~, .. .. ."... t '... ..:' - ...' . .. -,. ~. /.~ \:......,/ .tj... ! // ,,:...;>) \-.- J> Cl ~"<",.~- '\('J (1.\ -=...J t.O PARCEL 1:.vA.jprtlon 01 Block C of the Plat of BOYNTON HIUS. Boynton Beach, Palm Beach county, FtOrid~Jltcordlng to Ole Plat thereof, as recorded in Plat Book 4, at page 51, of the PubU~ Records ofPatm ~ch County. Florida, descn"bed as follows: CommenC& at the Northeas' eomer of Lot 147 or saicrfSi&k ~ thence South (assumed), along the E~ Une of said Lot 141 a distance or20.oo reel (0 th'i;90=~"lol of Beginning; thence eanflnuB South, along the East Ifne of said Bloc1c OJ 228.36 feet to the .. est comer of Lot 134 of said Block C; thence West. along lhe south line of sald Lot 134. a dls nee of 100 feel to the East line of Lots 135 and 136 of saId Block C; Chence South, along said East{~and the southerly prolongation thereof, 189.19 feel to the centeri"me of Grand ctrcIe "N". being WCurve concave Southwesterty havJng a radius of 591.65 reet {a ltne radial to said (;Urvo bears North ('ff1P4' 51" East); thence NorthweStelty afong the arc of saId cusve 5.02 feellhrough e central an9l~~p'D 29' 11" to the intecsetUcm with the Northef1y prolongation of the East Jine of Let 129 of said ~IC. (a line radtat to said curve at the said point of intersection bears NDrth 40. 35' 46" Easl): thern!i~h along (he said Northerly prolongallan of 1he Eas1llne of said Lot 129 B dlstance of 57.60 f, to-the Southeast comer of said Lot 129: thence West along the South Une of said Lot 129 and :SoijtJ:\ IInB of said Lot 128 a distance of 150.00 feet to the West line of sald Let 128; thence North . 's~sald ~esi fine 15.00 feet to the South line of lots 127 and 126 or saId Block Cj thence West, ~1q))9 the said South line of Lots 127 and 126, a distance of 100.00 foet to thts West line of said Eb.t~~ thence North along said West line, 45.00 feet to the SouUlllne of Lots 124 and 123 of said B Idk"'C; thence West along sald South line 100.00 feet to the west line of said Lol123: thence North q ~!'W1d West line and the Northerly prolongation theroDf, 193.23 feet to the tntersection with n1e W!;\te.rIy prolongatiOn of the South fine or Lot 141 of sald Block c; thence North 76. 46' 35- EaslalohisaJd westerly prolongation. 157.99 feet to the West line of said Lot 141; thence Ncrfh along said ~s.$i~e. 101.25 feet to the North Une of said Lot 141; the~ North 8311 11' 55" East along \he No~'tlr(~~f Lois 141 and 142 or said Block C, a disJance of 75.51 feet to a line 25 feet West of and pgOiIbWith thB East lIna of Lol150 0' said Block OJ thsnce NorUl along said psraIIel Une 92.44 feet to \he North line of Lois 150, 149, 148 and 147 of sald Block C; thence East aJonu sald North Una 205.00 reet to the begtnn1ng of a curve concave Sauthwesterfy having a radius of 20.00 feef and a central angle of 90D ocr OD": Chence Southeasterly along the arc of saId curve, 31.42 feet to the Point of BeginnIng afotedescn"bed. EXHIBIT A - Legal Description PARCEL 2: Lots 116,117.118,119,181,182., 183 and 184. Block 0, BOYNTON HILLS, accordIng to the Plat thereof, as recorded In Plat Book 4. at Page 51, of the publie Records of Palm Beach County, Florida. PARCEL. 3: Lots 1 through 12 inclus~ in Blo~ 1. of PALM BEACH COUNTRY CLUB ESTATES, according to the Plat thereof, as rec:on:Sed in Pial Bock 11. -at Page 43, of (he Public Records of Palm Beach County, Florida; and the South 1/2 of the East 1/2 of lot 2, of Subdivision of the Wes11/2 'Of lhe Southeast 1/4 of Sed10n 21. Towns111p 45 South, Range 43 Easl, Boynton Beach, Palm Beach County. Florida, BCI::Ording \0 the Plat thereof. as recorded In Plat Book 1, at Page 4. of the Public Records of Palm Beach County. F1oridB; LESS AND EXCEPT THEREFROM the South 125 (est thereof; Bnd lESS the righ\..of-way for"SeaQ"8S\ BDulevard- as shown on Road Plat Book 5, at Page 182, of the P,ubUc Records of Palm Beach County, Florida. Book20768/Page940 Page 3 of 4 = ATTACHMENT "B" CITY OF BOYNTON BEACH LIENS ON TERRACE PROPERTY (legal description of E,~:?-~rty) \( ~':~ '\r:B) ('l City of Boynton Beach Engineering Consulting fees in the principle amount of \\r:~~n\. $25,000 recorded at ORB 13865 page 0116 ofthe Public Records of Palm Beach \~i" County, Florida. i". .J 2. '\(rffitty of Boynton Beach Code Compliance Case 04-1201 in the principle amount of -"~~~~384.12 recorded ORB 17761 page 1311 of the Public Records of Palm Beach ~ty, Florida. \(/ .-' ( ,'. ; ~ 3. CitycifBoynton Beach Code Compliance Case 04-1200 in the original principle amou~$49,48015 ORB 17761 page 1268 ofthe Public Records of Palm Beach Count~FI~~da. (Co 4. City ofB~J1 Beach Code Compliance Case 04-2393 in the original principle amount of ~~~~.12 ORB 18179 page 1607 of the Public Records of Palm Beach County, Flon<t.f;-)\ 0 t'./ '~-', 5. City of Boynton ~~*-~ Code Compliance Case 04-2392 in the original principle amount of $41,13~;QRB 18179 page 1602 of the Public Records of Palm Beach County, Florida. ((}';!> \-:;/ 0~. (. .-.' (~l:~ .v:;,,.... )') \' .;::: ..' f, t0~ H:\1990\900182.BB\AGMT\Subordinntion agreement CRA (Boynton Terrace) (8-4-06).doc Book20768/Page941 Page 4 of 4 Relum \0: (Bn~IOSe salt-addressed stam;led IKwulcpe) Nil... ^ddrOS5 : III1IIIIIIIII11I11111I CFN 20050761919 OR BK 19662 PG 0893 RECORDED 12113J2M5 141111hS8 Pal. Beach CDun~y, Florida Sbaron R. 8ock,CLERK & COKPTRDLLER Pgs 0893 - 895~ C3pgs) l.lHI ~l i~ty Clerk City t' yn Beach P. . ox....J.1 Boy Oli\~~ FI5hla 334U, 1 ~-;.. ~ 't.""',. 2 \0. fO\ 3 \U I"" A RESOLUTION OF THE CITY OF BOYNTON 4 - 1-, 0 BEACH, FLORIDA ASSESSING THE COSTS OF 5 ,\;/::' ABATEMENT OF CERTAIN NUISANCES 6 \@\ AGAINST THE OWNERS OF THE 7 '-' r- PROPERTIES INVOL VEDj PROVIDING FOR a '\;:7tN ADDmONAL ADMINISTRATIVE FEE 9 ~.!UOR TO RECORDATION OF LIENS; AND ~~ (C~;>~ING AN EFFECTIVE DATE. 12 , WHEREAS, ~1f:y ~anager or his designated re~resentative. acting on behaIfof 13 the City, has pursuant to S~on 10.5 of the Code of Ordmances of the City of Boynton 14 Beach, found and det~l:hat the condition of certain property or parcels of land as 15 hereinafter described viol1ie-Section 10-2 and 10-3 of said Code by reason of the unsafe 16 structures located on the pro~'fhich were detrimental to the health and welfare of the 17 residents of the City, thereby -~~ng a nuisance; and 18 ('~~~J. 19 WHEREAS, the owners ~~el(s) of property hereinafter described were duly 20 notified in accordance with Sectiotifi~~~(]f>the City Code of Ordinances and were required 21 to abate the nuisance; and ~"':) 0 22 ~.... /' ('_0'''. \1' p.' . . "}\ 23 WHEREAS, said nuisance was ~'ll~~d:as required; and, ~: WHEREAS, pursuant to, and in a~~~';~ijige with the procedure set forth in Chapter 26 10 of the Code of Ordinances of the City of " ,~ch, the City abated said nuisance; 27 and .,.......:,.-.,,- ~ ~ 29 WHEREAS, the City Manager or his autho~~~ppresentative bas made n report of 30 costs actually incurred by the City and abatement\@!;~tl nuisance as to the property(s) 31 involved, which is described in Exhibit "An attached to(M~esolution; and 32 '~:.-<7~ 33 WHEREAS, upon passage of this Resolution, \h~1.!Y owners will be furnished 34 with a copy of this Resolution, and given one more oP~(JrtWil~~ remit all costs associated 35 with the abatement in full within 30 days of the passage o~ution. before transmittal 36 to the County for recordation of Liens; and 37 38 39 40 41 42 43 44 45 46 RESOLUTION NO. Os.. 1'7(0 WHEREAS. at the time of recordation of Liens in the Public Records of Palm Beach COWlty, the City Clerk's office will add an additional administrative fee in the amoWlt of$30.00 to each Lien; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA AS FOLLOWS; Section 1: Each Whereas clause set forth above is true and correct and incorporated herein by this reference. Book19662/Page893 Page 1 of 3 II 1 2 3 4 5 B 7 B 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 Section 2: The amoWlt of costs incurred by the City and the abatement of the above"described nuisance as to the parcels of land, owned and indicated to wit: SEE ATTACHED COMPOSITE EXHIBIT "A" SU9.}yct amount is hereby assessed as liens against said parcels of land as indicated, plus an ad~~nal administrative charge of $30.00 for each Lien. Liens shall be of equal dignity taxes therefrom for the year 2005, and shall be enforced and collected in like 'iiull}D; 'ursuant to applicable provisions of law. In the event collection proceedings are n~~~. the property owner shall pay all costs of the proceedings, including reasonable ati&m~ys':j~s. .\~~:.....,- ,...... '\s.....! ii\ \:seetibn 3. This Resolution shall become effective immediately upon passage. .~. 'j'-. () P ~~ ADOPTED tbis J.8.... day of October, 2005. ~? r D) \:-:!..} '.... CITY OF BOYNTON BEACH, FLORlDA <", /" ~ \~/5" L,~ \(/-::::.::' (t~ ,\ t .': .~.. .t:-~ .-/:::~:~. \,C; ATTEST: ,....:@) \,.0,/ ls ~"' (t 0 "? -.- '.. ,...." '~)'" { (";" ) . .... \, ;'("'l. \-=:a ".' i '\"". ",,":.' \(" ~,'. , ~;~ .,' . e~ \;"/~.~9JIJ~issioner ~., ......... 'II" .':) ,-, \(.>..~.~,\ ( ( "'~J) \, ..' ......;:;l; ---.. "" I' ....l.v.~ t (' ",,' ../ ".--/' "t.,<; Book19662/Page894 ....:=:-.) I' . ~r ! . ' .::;::....-.....\ / .-'~ (( .//" ~.....:;.:..-"~/)~ ",-./>") ) \ ,-"\:.....-'. ,I I'. .. ___4.... Ji ~ I. c:.~~ Page 2 of 3 BOYNTON TERRACE DEMOLrTlON TRASH TOTAL ASBElITO& CRAIN liNG ADDRESS sa.FT DEMD (sa FTJIl! ASPHALT Isa FT) C!l CONC (6Q FTlC!l DEBRIS (YARD' DEMOUTlON BURVI<Y REPORT INSPECTIONS TOTAL 2.4. 0.75 1.25 17.8 COST $7.900.00 11.145.," 124."1.00 LIEN nl HW 2ND ST. lBI4 4,690.00 B,7l1t1.oo 2,476.78 184.28 17.070.06 1.121.57 263.83 3,570,14 22,032.'0 0&..c3-45.21.o70003. t B 10 711 NW2HOST. lB14 4,680.00 9.701.00 2.476.78 194.28 17.070.0& 1.126.6'7 26363 3.570,14 22.032.40 06-13-45-21-117.003.1810 30 NW 7TH CT'I~ '9" 4,690.00 B,709.00 2..76.78 lB4.26 17.070.08 1.128.57 263.113 3.570.14 22.032.40 08-43-450%1-117-003.1 2.10 HW 7TIi c;r~-;L lB14 4,6BO.00 9.709.00 2,.76.76 194.29 17,070.07 1,128.57 263.63 3,570.14 22.032.41 ~.~I.o7 'rl18o ~~ 210 NW 7TH CT." :;;; 1914 4.6Bo.00 B,709.00 2.478.76 194.29 17,070.07 1,12&.57 263.&3 3.570.14 22.032..1 0&..c3-f5.21-117-11D:PI(~ ) 601 N. SEACR1!ST B.~' .9jS2' !I 3.34..75 9.709.00 2,.76.BO 194.29 125,nu. 1.128.57 263.65 3.570.15 130,61l'1.21 ~3-45-21.o7.oo3.12'" ;,.-' . 700 N. SEACRE&T BL YD. '~41~~ 113,344.75 9,709.00 2.476.80 194.29 125.724.84 1.128.58 263.64 3.570.15 130.667.21 DII-<I3",,5-21-1~0I-11010 t' OB-43-45-21-ll0-llDO-0021 .... .'J <.... '~0.13UO lD5~.c' &7.963.00 17 .337.SO 1.360.00 \~~).,~. 336.600.00 7.900.00 1.645.44 24.9G1.0D 371,53U4 . .., \~)) L..::::-::: \!'(:,;::::.~\ I ,Ii \[;:::>:;7 ,,'" ....."'\J ....r; ~) (l~) .....:0;1...-........, ( (.::;)) \~::,s'l.} \..... /"'~. \( .,'.... ~i~,o ~.,._..-.. \(.... ,oJ .-t", ~:~ ...~. '.,~ \,\ ...) \;11~) ~..~ l/i'Y~ I' .' r 'i.?' Book19662/Page895 ,.....:::..~ Page 3 of 3 Page I of : Bright, Lisa From: Kenneth Spillias [kspillias@IIw-law.com] Sent: Friday, June 27, 2008 11:49 AM To: Bright, Lisa Cc: Kenneth Dodge Subject: Ocean Breeze demolition lien Lisa You asked us to take a look at the existing demolition lien on the Ocean Breeze property and determine why it was not released at the time of the purchase of the property by the CRA. The title commitment specifically lists the lien as an exception and utilizes language that is identical to language found in the assignment agreement between the City and the CRA wherein the lien was transferred to the CRA. You will remember that when Larry Finkelstein was negotiating a Direct Incentive Funding agreement with the CRA for development of the property, one of the elements of the agreement was to be the forgiving of the lien. While Finkelstein believed that meant the immediate forgiveness of the lien, we (and the Board) took the position that he would obtain that benefit only if he met the terms of the DIF. Eventually, the negotiations took a turn from a DIF to a purchase of the property by the CRA. The final negotiated price for the property included "forgiveness" of the lien, i.e., the CRA would not require the property owner to clear the title of that encumbrance by paying off the lien. But rather than having the CRA release the lien at that time, it was decided to take the property subject to the lien so that the "property's" indebtedness to the CRA remained The thinking was that a decision could be made on what to do with the lien (release it or seek to recoup some of the money from a potential future developer or purchaser of the property) when the time came. Should the CRA Board be of a mind to release the lien, the procedure would simply be to prepare a release of lien and have it recorded in the Public Records of Palm Beach County Florida I trust this answers your inquiry. If you need the file or anything else in connection with this please do not hesitate to contact LIS Kenneth G. Spillias Lewis, Longman & Walker, P.A 1700 Palm Beach Lakes Blvd Suite 1000 West Palm Beach, FL 33401 Phone. (561) 640-0820 Fax: (561) 640-8202 ConfidentIality NotE: The i formaticn contained in this transmission is e':1a] i onJ fcn (he use, of he individua or ent i ty nall1eo abOVE' the i tended recipient, you are hereby notified t c any copying c;f this communication is strictly prohibii:'ccL f err i, please notify t.he sender irruned.iat:eJy tel one message. Thank you pr \/118ged nei T f the readr~1 :Jisseminatjc[':, ::1i S ri you reeei ve his: .,ornmur, i Cd I call te: ("'61 640,082 enu f' r 06/29/2008 Page 1 of2 Bright, Lisa From: Bright, Lisa t: Wednesday, June 25, 2008 9:29 AM To: 'Jim Cherof Subject: RE: Demolition liens, ORB 19662, PG 893-Boynton Terrace Will do. From: Jim Cherof [mailto:JCherof@cityatty.com] Sent: Tuesday, June 24, 2008 5:03 PM To: Bright, Lisa Subject: RE: Demolition liens, ORB 19662, PG 893-Boynton Terrace Go ahead and call him. James A. Cherof Goren, Cherof, Doody & Ezrol, P .A. 3099 East Commercial Boulevard, Suite 200 Fort Lauderdale, Florida 33308 Telephone: (954) 771-4500 Facsimile: (954)771-4923 From: Bright, Lisa [mailto:BrightL@ci.boynton-beach.fl.us] Sent: Tuesday, June 24, 2008 2: 16 PM T 11 Cherof C\. . aylor, Jerry; Rodriguez, Jose; Weiland, Ronald; Hay, Woodrow; Ross, Marlene Subject: RE: Demolition liens, ORB 19662, PG 893-Boynton Terrace Jim, This lien was to be cleared at the closing of the Ocean Breeze property. The transaction was handled by Lewis Longman & Walker. As per your emaillast week, the CRA files have not been transferred from Ken Spillias. Therefore, he would need to be contacted for details specific to the closing of the property. Would you like me to contact Ken or would you prefer to call him? Lisa From: Jim Cherof [mailto:JCherof@cityatty.com] Sent: Tuesday, June 24, 2008 9:59 AM To: Bright, Lisa Cc: Taylor, Jerry; Rodriguez, Jose; Weiland, Ronald; Hay, Woodrow; Ross, Marlene Subject: FW: Demolition liens, ORB 19662, PG 893-Boynton Terrace Lisa- Please call me regarding the attached information. Jr , A. Cherof G_ .,11, Cherof, Doody & Ezrol, P.A. 3099 East Commercial Boulevard, Suite 200 Fort Lauderdale, Florida 33308 Telephone: (954) 771-4500 06/29/2008 Page 2 of F'acsl e: (9S4),;;' -40 From: Jlorenzolaw@cs.com [mailto:Jlorenzolaw@cs.com] Sent: Tuesday, June 24,20089:48 AM To: Jim Cheraf Subject: Demolition liens, ORB 19662, PG 893 Dear Mr. Cherof: Thank you for your willingness to assist us in clearing the above referenced liens from the subject property. Attached please find copies of the (1) title commitment showing the exception in question marked by an "X;" (2) the demolition lien (resolution No. 05-176); and (3) the lien assignment in favor of the CRA Please let me know if you need anything further. Jose L. Lorenzo J.L. LORENZO, P.A. 561.276.8100 Tel 561.276.8180 Fax THE INFORMATION CONTAINED IN THIS MESSAGE IS ATTORNEY PRIVILEGED AND CONFIDENTIAL INFORMATION INTENDED ONLY FOR THE USE OF THE INDIVIDUAL OR ENTITY NAMED ABOVE. IF THE READER OF THIS MESSAGE IS NOT THE INTENDED RECIPIENT, YOU ARE HEREBY NOTIFIED THAT ANY DISSEMINATION, DISTRIBUTION OR COPY OF THIS COMMUNICATION IS STRICTLY PROHIBITED. IF YOU HAVE RECEIVED THIS COMMUNICATION IN ERROR, PLEASE IMMEDIATELY NOTIFY US BY TELEPHONE (IF LONG DISTANCE PLEASE CALL COLLECT) AND RETURN THE ORIGINAL MESSAGE TO US AT THE ABOVE ELECTRONIC ADDRESS. THIS COMMUNICATION IS NOT INTENDED OR WRITTEN TO BE USED, AND IT CANNOT BE USED, FOR THE PURPOSE OF AVOIDING PENALTIES THAT MAY BE IMPOSED UNDER ANY TAX LAWS. 06/29/2008 Tax Increment Financing in Florida by David E. Cardwell The Cardwell Law Firm 8815 Conroy Windermere Road #336 Orlando, FL 32835 Tax Increment Financing (often referred to as "TIF") is a method to pay for redevelopment of a slum or blighted area through the increased ad valorem tax revenue resulting from that redevelopment. It has been used in many states since the late 1940s and early 1950s to pay for redevelopment projects. California has been the most prolific user of TIF as that state grew after W orId War II. Florida Background Florida initially used special acts to create downtown development authorities ("DDAs") to redevelop urban core areas. These DDAs were special districts that had modest ad valorem taxing authority to pay for their activities. In the late 1960s, the City of Miami Beach wanted to redevelop South Beach. But it could not use the DDA approach because special acts for only Dade County are barred by the Metro Charter. So, a general law, the Community Redevelopment Act, was enacted in 1969 that is still being used today throughout the state for redevelopment. (Codified as Part III, Chapter 163, Florida Statutes). The original version of the Redevelopment Act did not include tax increment financing. It was primarily used to assemble redevelopment sites and to enter into agreements with developers. But a dedicated source of funding to finance major redevelopment projects was needed. In 1976 a constitutional amendment authorizing TIF was defeated by the voters. That amendment was based on the California law that diverted ad valorem tax revenues from the local government to a redevelopment trust fund. The next year the Legislature adopted an amendment to the Redevelopment Act (Section 163.387, Florida Statutes) to allow community redevelopment agencies ("CRAs") to use TIF. This statutory approach differed from the constitutional amendment because the property tax revenue goes to the local government and is then appropriated to the trust fund of the CRA. The TIF statute was found to be constitutional by the Florida Supreme Court in the case State v. Miami Beach Redevelopment Agency, 392 So.2d 875 (Fla.1980). Calculation of TIF Once the governing body of the county or municipality enacts an ordinance that provides for the funding of the redevelopment trust fund for the duration of the redevelopment plan, the "increment revenues" are deposited in the Redevelopment Trust Fund. The annual funding of the redevelopment trust fund shall be in an amount not less than that increment in the income, proceeds, revenues, and funds of each taxing authority derived from or held in connection with the undertaking and carrying out of community redevelopment under this part. Such increment shall be determined annually and shall be that amount equal to 95 percent of the difference between: (a) The amount of ad valorem taxes levied each year by each taxing authority, exclusive of any amount from any debt service millage, on taxable real property contained within the geographic boundaries of a community redevelopment area: and (b) The amount of ad valorem taxes which would have been produced by the rate upon which the tax is levied each year by or for each taxing authority, exclusive of any debt service millage, upon the total of the assessed value of the taxable real property in the community redevelopment area as shown upon the most recent assessment roll used in connection with the taxation of such property by each taxing authority prior to the effective date of the ordinance providing for the funding of the trust fund. Section 163.387(1), Florida Statutes. The governing body of any county as defined in Section 125.011 (1), Florida Statutes, i.e., Miami-Dade County, may, in the ordinance providing for the funding of a trust fund established with respect to any community redevelopment area created on or after July 1, 1994, determine that the amount to be funded by each taxing authority annually shall be less than 95 percent of the difference between paragraphs (a) and (b), but in no event shall such amount be less than 50 percent of such difference. There has been much confusion throughout the state as to which property tax roll should be used to calculate the amount of "increment revenues" to be deposited by each taxing authority in the redevelopment trust fund. The TIF statute was amended in 1985 to add the 95% provision and the time period during which the annual payments are to be made. That was intended to make it clear that the preliminary tax roll is the one to be used to calculate the amount of increment. But in 1996 the Attorney General issued an opinion concluding the final roll is the one to use. AGO 96-39 (May 23, 1996). The issue has not been resolved as many CRAs continue to calculate the amount of increment based on the preliminary roll and others use the final roll. 2 Exemption for Obligation to Make Deposits Some taxing authorities are exempt from the requirement of having to forward that portion of the tax increment revenue to the community redevelopment agency. As provided in Section 163.387(2)(c), certain taxing authorities, including, but not limited to certain special districts that levy ad valorem taxes in more than one county, library districts, a metropolitan transportation authority, and a water management district. The governing body that created the agency may exempt special districts for the obligation to make tax increment deposits. TIF Expenditures The funds deposited in the redevelopment trust fund may be expended only in the redevelopment area pursuant to the approved redevelopment plan in conformance with the requirements of Section 163.387(6), Fla. Stat., which includes but is not limited to the following: (a) Administrative and overhead expenses necessary or incidental to the implementation of a community redevelopment plan adopted by the agency. (b) Expenses of redevelopment planning, surveys, and financial analysis, including the reimbursement of the governing body or the community redevelopment agency for such expenses incurred before the redevelopment plan was approved and adopted. (c) The acquisition of real property in the redevelopment area. (d) The clearance and preparation of any redevelopment area for redevelopment and relocation of site occupants as provided in s. 163.370. (e) The repayment of principal and interest or any redemption premium for loans, advances, bonds, bond anticipation notes, and any other form of indebtedness. (f) All expenses incidental to or connected with the issuance, sale, redemption, retirement, or purchase of agency bonds, bond anticipation notes, or other form of indebtedness, including funding of any reserve, redemption, or other fund or account provided for in the ordinance or resolution authorizing such bonds, notes, or other form of indebtedness. (g) The development of affordable housing within the area. (h) The development of community policing innovations. Section 163.387, Fla. Stat. provides for a limitation of the pledge of tax increment financing for a term of 30 years after the community redevelopment plan is adopted or amended up to a maximum of 60 years. Section 163.385, Florida Statutes. Community redevelopment agencies created after July 1, 2002, are limited to 40 years. DEe 5/8/2005 3 HEART OF BOYNTON COMMUNITY REDEVELOPMENT PLAN Strategic Planning Group, Inc. Economics. Planning. Economic Development P,O. Box 550590 Jacksonville, FL 3225S..QS90 Phone (800) 213- PLAN Fax (904) 731-3006 in association with RMPK Group JEG Associates The Heart of Boynton Redevelopment Master Plan 12. St. John's Neighborhood 13. Boynton Terrace 14. Shepard Addition 15. Arden Park Current Land Use The study area is almost totally a residential area comprised mainly of single family and multifamily housing on both sides of Seacrest Boulevard as shown in Figure 5. The area has a large concentration of duplex units within the Cherry Hills neighborhood, which is largely a Public Housing Development run by Palm Beach County. The County's Public Housing Authority controls approximately 46 units within Cherry Hills. The second most significant land use is Boynton Terrace, a 90 unit multifamily housing project located on both sides of Seacrest Boulevard near the center of the study area. Boynton Terrace was constructed in 1983 as a mix of 6 single family and ten (10) multi- family buildings containing 84 units. The western section contains six single family units and 36 multi-family units. Small pockets of commercial uses can be found spread through the area but most are found in Cherry Hills and along 10th Avenue near Seacrest and Federal Highway and along Seacrest Blvd. Arden Park is comprised of a mix of uses from manufacturing to small warehousing and retail/wholesale operations. The area contains numerous parks ranging from Sara Sims, Palmetto Park, and Barton Park to smaller urban gardens. Public uses include the Wilson Center (a community center, ball-field and pool), two schools (Poinciana - a magnet math elementary school and Galaxy Elementary), and a Head Start Center. One of the most prominent features of the study area is the large amount of vacant parcels. A total of 234 vacant parcels exist within the study area. Ninet~-two (92) vacant parcels are located west of Seacrest Boulevard primarily north of 9 Avenue. One hundred and fifteen (115) vacant parcels exist north of 9th Avenue, east of Seacrest Boulevard while the area south of 9th Avenue contains 27 vacant parcels. As shown by the following pictures, the building stock within the study area ranges from deteriorated structures to new housing. Most of the buildings date prior to 1970 and feature block construction. Strategic Planning Group, Inc. Page 12 The Heart of Boynton Redevelopment Master Plan Boynton Terrace: . Substantial renovation of structures is warranted . Roof repairs and general maintenance are currently ongoing. . The property is a "project-based" HUD facility (HUD subsidized rents not transferable) . Priority needs include entryway signs, a community center facility and improved landscaping. Cherry Hills - Housing Authority: . Substantial renovation of housing stock warranted . Housing Authority willing to explore public/private redevelopment options for property Business Owners/Investors: . Parcel assembly will be critical factor . Would like to develop small scale neighborhood serving, mixed use commercial corridors on Martin Luther King, Jr. Boulevard City Staff Stakeholder Interviews The consultant team interviewed City staff to obtain input regarding: · Existing Projects & Plans . City-Wide Development Goals and Strategies · Service Delivery Systems . Specific Challenges in the MLK study area · Previous Community Planning and Development Strategies · Resources, Concerns, and Expectations City Staff Comments I Responses Current Redevelopment Policy and Plans: . Predominant character should remain neighborhood residential with commercial activity confined to nodes at Seacrest and Federal Highway. . Would prefer to integrate additional moderate/ high-end multi-family residential units with minimal neighborhood serving mixed-use activity in residential areas . Plans should be linked with city-wide plans and development goals, such as existing plans for a 10 acre park and dock to enhance waterfront access, City Centre revitalization, and continued development of Federal Highway corridor. Strategic Planning Group, Inc. 1 (800) 213-PLAN Page 24 The Heart of Boynton Redevelopment Master Plan Boynton Terrace Like Cherry Hills, Boynton Terrace as currently configured is a negative factor in the overall image of the Community. Based on interviews, it appears that the Project is in financial difficulties and the HUD is reviewing its commitment to this Project based Section 8 development. Regardless of its funding outcome, steps need to be taken to either entirely remove the western complex or move those units to the east (absorbed as part of the higher density multifamily housing planned for this part of Heart of Boynton. Seacrest Boulevard and Martin Luther King. Jr. Streets cape The importance of a renewed Seacrest Boulevard, with its northern linkage to Gateway can not be overstated. With major landscaping including a planted median (as shown earlier), Seacrest Boulevard becomes the dominate feature of the economic renewal of the community. Equally important is the need for streetscape improvements to MLK, Jr. Boulevard. The consultant suggests that the streetscape design be part of a whole redevelopment strategy of the corridor. As discussed later in this section, the redevelopment program calls for major land assemblage by the CRA. Using successful techniques from other communities, it is suggested that the CRA place a Developer RFP or RFQ to enlist the skills of a proven developer to plan and develop the entire MLK corridor (as a multifamily community). Land Assemblage As repeatedly mentioned throughout this report. lack of available land for development is major implement to redeveloping the area. The large number of small land parcels makes it impossible for a private developer to assemble acreage in sufficient size to economically develop larger scale projects in the community. As already discussed, three major land assemblage areas are envisioned in the area: Old Cherry Hills, MLK, Jr. Blvd, and Shepard Addition. These assemblages will require CRA action that might include the use of eminent domain should traditional assemblage techniques fail. The redevelopment of MLK. Jr. Boulevard neighborhood will also require CRA/City assistance in the development of "financial/developer" packages and incentive programs including Section 108 grants etc. These conceptual incentive packages should be developed prior to land assemblage and any "developer offerings". Strategic Planning Group, Inc. 1 (800) 213-PLAN Page 80 The Heart of Boynton Redevelopment Master Plan opportunities. The greatest potential for local job growth will be in the expansion of the CBO into the Shepard Addition neighborhood. The Master Plan calls for the redevelopment of this 30+ acre area into a light mixed use area. Types of businesses that could locate within the area include a full range of retail businesses, general office and other typical small city CBO oriented firms/businesses. hH"'tJllt..e~ The Boynton Beach CRA/City has significant tools to assist the Heart of Boynton in redevelopment. The following discussion provides an overview of some of the "carrots and sticks" that City government can utilize and public financing techniques that may be used depending on the size and scope of potential development and the economic and political viability of the program. The city has a number of specific incentives available to businesses that expand or locate with the general Redevelopment Area. These incentives include; waiver of impact fees, waiver of building permit fees, and waiver of water and sewer facilities construction and installation. The following table provides an overview of other tools government can use to manage redevelopment. Strategic Planning Group, Inc. 1 (800) 213-PLAN Page 83 The Heart of Boynton Redevelopment Master Plan Site Clearance and Demolition. Once sites have been assembled and the existing residences and business relocated, government funds can be used to demolish and clear the site and prepare it for new development. Provision of Infrastructure and Public Facilities. To attract private investment, local governments can provide a range improvements adjacent to or on the project site, including major capital improvements (transit systems, highway and street alignment, transit stops, storm and sanitary sewers, utilities), major public facilities (schools, parking a civic center, government office buildings, hospitals, neighborhood centers), or public amenities (outdoor recreational plazas, open spaces, landscaping or pedestrian bridges). A city's investment in public facilities can generate demand for specific kinds of private investment tied directly to those facilities, such as hotels, office buildings or residential projects. Sharing Space. Shared use of space allows the developer of a mixed-use project to avoid duplicating facilities and to minimize the requirements of open space that cannot be amortized by privately incurred debt. An impressive foyer, lobby, entry or parking garage can be shared by city and private users to amortize or set aside those aspects of the public/private development that cannot be amortized. Kitchen and registration areas can be shared in hotels and convention centers, for example. Shared Expenses for Maintenance. In a large, complex project, combining public and private space agreements are usually fashioned to define responsibilities for public and private sectors' maintenance and management of those facilities. The general trend is to consolidate most management and maintenance under one entity, with other participants paying for their share of services. Off-Budget Debt Financing. Agencies have entered into securitized lease/purchase and other installment capital deals in which the use of tax-exempt financing (often through certificates of participation or COPs) results in lower-than normal annual costs for public buildings. Voters' approval is usually not required, as when certificates are used. Non- appropriation carries significant penalties, however, and can result in a strong negative mark on a city's credit rating. Defaults rarely occur with this type of financial transaction as tax-exempt lease/purchase agreements are usually made for unpopular, but essential facilities. COPs are an expanding and widely used alternative to general obligation bonds and have been used to build schools, jails, public administration buildings and other projects. Typically, COPs are slightly more expensive than issuing general obligation bonds, but investors' confidence has grown and their yield is now within a narrow range of general obligation debt. As installment purchase contracts for a capital project, COPs allow developers to build public facilities for a fee. The public entity agrees to lease the facility for a stated time period. At the end of the lease, the public entity purchases the building for a nominal fee Strategic Planning Group, Inc. 1 (800) 213-PLAN Page 98 eRA BOARD MEETING OF: July 8, 2008 I Consent Agenda I X I Old Business New Business Public Hearing Other SUBJECT: Consideration of Revised Trolley Route and Schedule SUMMARY: The CRA trolley was placed in service in exchange for an exception to Palm Beach County roadway capacity requirements that would have prevented the redevelopment of the downtown area. However, due to the severe projected revenue shortfall for FY 08/09, staffbegan looking at existing programs for possible elimination or reduction. One ofthe major expenditures for the agency is the trolley program. In the current fiscal year the budget is $921,000 (including rollover funds from FY 06/07) which covers both the new southern route and the three-year old northern route (see attached map). As gas prices have skyrocketed, the popularity of the trolley has increased. Ridership is very strong for the northern route with an average of 383 riders per day. The northern trolley route operates 360 days per year, Monday - Friday from 7:15 am -7:15 pm and Saturday and Sunday from 9:30 am - 5:45 pm. Cost per rider is $3.35. The southern route was launched in February 2008 and operates 360 days a year, Monday - Friday 7:15 am -7:38 pm and Saturday and Sunday 9:30 am- 5:23 pm. Current average daily ridership is 57 which equates to approximately $22.50 per rider. This figure is comparable to the numbers during the same life span in the northern route. In an effort to pro actively address the severe loss of revenue and the rising cost of gas, staff reviewed ridership data for both routes to determine if savings can be achieved by adjusting operating times and stops rather than eliminating the trolley program altogether. In reviewing the times that the trolley is the least utilized staff discovered that by eliminating the following run times significant savings to the agency would be recognized: . South Route - 7:15 - 9:30 am . South Route - 4:15 -7:30 pm . South Route - Weekends . North Route - Sunday . North Route - last run at 7: 15 pm T:\AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS\Completed Agenda Item Request Forms by Meeting\FY 2007 - 2008 Board Meetings\08 07 08 CRA Board Meeting - July\Trolley.doc ~/ l.,..,.i"~t~i..'.". 3.QY. N.TON i ~~;~ 3 t . A C -H ~ East Side-West Side-Seaside Renaissance .~ By eliminating these runs, 11 % of riders (42 riders) on the northern route and 33% of riders or (19 riders) on the southern route will be affected. However, the agency would see a savings of 10% of costs ($49,100) for the northern route and 51 % of costs ($261,221) for the southern route for a total savings of $310,321in FY 08/09. Additionally, if the Board opts to, the change can be effectuated for August 1 2008 resulting in a savings of $47,422 for FY 07/08. Staff has also been getting daily requests from the public to have a trolley stop at the library. This could easily be accomplished by adding the stop to the south route at no additional cost. FISCAL IMP ACT: A savings to FY 07/08 of $47,422 and a savings of $31 0,321 in FY 08/09 CRA PLAN, PROGRAM OR PROJECT: Transportation Concurrency Exception Area RECOMMENDATIONS: Staff recommends enacting the changes to the trolley system as outlined above immediately to realize a total savings of $350,60 1. J 1tJ&L Vivian L. Brooks Assistant Director ) T:\AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS\Completed Agenda Item Request Forms by Meeting\FY 2007 . 2008 Board Meetings\08 07 08 CRA Board Meeting - July\Trolley.doc <St-. _.L.. . Dr Ii. . ~ PIJI" '"""\'. tM c.m '''.bit) .p UbI.ilI. ..... ,... ., ~QtVm ..... Vill..- f .. ~ Goteway Blvd . \.' ..." . ;-.......~ - ~. f . I .., . .- . Ii. I 1< l . . . Goteway $Ivd J J z: tJ Nf 15th Ave .' iI MLK ~r Blvd -; L ....... ,_..._,'~'r ... I~II ~ ....,:~ f OW ....f1'" ..,1......9 J6 z: . . ~ -~..., III . Boynton hach Blvd 11.....'*'.. IMi ...,men .... Ocean Ave Ocean Drive SE 5th Ave ) 1 tIl W Woolbright Rd W Woolbright ReI Sf 18th Ave t I tIl ") -L .. I J ., tJ '. \\r !..."':;~'. r."""'~' '1,,-, 1Il~~~Y~T2~ eRA 111 East Side-West Side-Seaside Renaissance eRA BOARD MEETING OF: July 8, 2008 I I Consent Agenda I X I Old Business New Business I I Public Hearing I I Other SUBJECT: Discussion regarding the CRA Policing Program SUMMARY: At the June 10, 2008 CRA Board meeting, the Chair requested that the Police Chief attend the July CRA Board meeting to explain how the CRA Policing Program enhanced the enforcement activities for the CRA. Attached is the portion of the minutes relating to this request. Staff relayed this request to the Police Chief and he agreed to attend the meeting and address the Boards questions. FISCAL IMPACT: N/A CRA PLAN, PROGRAM OR PROJECT: Heart of Boynton Community Redevelopment Plan and the Downtown Master Plan RECOMMENDATIONS: N/A cd/tJtlw~ ViVIan L. Brooks Assistant Director T:\AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS\Completed Agenda Item Request Forms by Meeting\Cover Sheet Template.doc MINUTES OF THE COMMUNITY REDEVELOPMENT AGENCY MEETING HELD ON TUESDAY, JUNE 10, 2008, AT 6:30 P.M. IN CITY COMMISSION CHAMBERS, BOYNTON BEACH, FLORIDA PRESENT: Jerry Taylor, Chair Jose Rodriguez, Vice Chair Woodrow Hay Marlene Ross Ron Weiland Lisa Bright, Executive Director James Cherof, Board Attorney I. call to Order - Chainnan Jerry Taylor Chair Taylor called the meeting to order at 6:31 p.m. II. Pledge to the Flag and Invocation Mr. Hay gave the invocation, followed by the Pledge of Allegiance to the Flag. 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 None. B. Adoption of Agenda Motion Mr. Hay moved to adopt the agenda as presented. Vice Chair Rodriguez seconded the motion that passed unanimously. V. Announcements and Awards: A. July 4th Salute to Independence The board and the public viewed the t (PSA). Kathy Blscuiti, Special Events Manager, announced the Public Service Announcement for the July 4th Salute to Independence was currently televised on BBlV. The celebration would be free and would be held at Intracoastal Park from 6:30 p.m. to 9:30 p.m. on Friday, July 4, 2008. Trolley service would be available from 5:30 p.m.-10:00 p.m. Food and beverages would Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida June 10, 2008 be offered for sale on the premises. Live entertainment would be provided by the Ovation Band and fireworks by Grucci. Mayor Taylor would deliver a speech, a patriotic salute would be offered by the Fire and Police Honor Guards, and a soloist would sing the National Anthem. VI. Consent Agenda A. Approval of Minutes - CRA Board Meeting - May 13, 2008 B. Approval of Minutes - CRA Board Special Meeting - May 20, 2008 C. Approval of the Period ended May 31, 2008 Financial Report D. Approval of Funding up to $1,500 from the Community Meeting Grant Program to Inlet Cove Association (INCA) E. Approval of a Commercial Facade Improvement Grant to First Financial Plaza F. Approval of Purchase and Development Agreements between the CRA and Habitat for Humanity for 219 NW 11th Avenue G. Approval of Board Travel to International Downtown Association's (IDA) 54th Annual Conference - September 11-14, 2008 H. CRA Policing Activity Report for the Month of April 2008 and District Statistics for the months of April and May 2008 (Info. Only) I. Update on Police Athletic League Request for Funding (Info Only) J. Boynton Harbor Marina Operations Update (Info Only) K. Boynton Beach CRA and Trolley Website Updates (Info Only) L. INCA Views Newsletter (Info Only) Items H, I and J were pulled by Vice Chair Rodriguez for discussion. Motion Ms. Ross moved to approve the Consent Agenda, with the exception of Items H, I, and J. Mr. Hay seconded the motion that passed unanimously. VII. Pulled Consent Agenda Items: H. CRA Policing Activity Report for the Month of April 2008 and District Statistics for the months of April and May 2008 (Info Only) Vice Chair Rodriguez asserted the statistics did not provide any basis for comparison for 2007 and 2008, and the effect of the additionional the five CRA police officers could not be 2 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida June 10, 2008 determined. Although the statistics indicated there appeared to be a reduction in crime, no explanation was offered as to why crime was reduced. This information was necessary in planning the 2009 CRA budget. Vivian Brooks, Assistant Director, responded she would obtain the requested information from the police chief. Chair Taylor requested the police chief attend the next meeting in order to provide a clearer understanding of the issue. Motion Vice Chair Rodriguez moved to approve Item H. Mr. Weiland seconded the motion that passed unanimously. I. Update on Police Athletic League Request for Funding (Info Only) Vice Chair Rodriguez noted funding requested for the Youth Violence Prevention Project (YVPP) last year was denied, as a line item was not available in the budget. Currently, a line item was available for partial funding. Vice Chair Rodriguez believed it should have been indicated at the time the request was made that a line item was available. Further, he contended staff never provided any feedback regarding availability of funds, whether on a one-time, annualized or recurring basis. Ms. Ross noted she had contributed $1,000 to YVPP from her discretionary funds in her capacity as a City Commissioner. At the May 13, 2008 CRA meeting, Officer Tome, Director of the Police Athletic League (PAL), was asked to determine whether funds could be used from drug forfeitures. Officer Tome ascertained the forfeiture funds could not be used to send the basketball teams to the tournaments. Chair Taylor noted a line item for contingency funds of $10,000 was available in the CRA budget for one-time donations. Usa Bright, Executive Director, pointed out that funding for YVPP would require an amendment, and the board previously voted not to pursue an amendment. While staff was not making any recommendation, the board could contribute to PAL from the $10,000 remaining in the contingency fund. Motion Mr. Weiland moved that funding not be provided at this time. Ms. Ross seconded the motion that passed unanimously. J. Boynton Harbor Marina Operations Update (Info Only) Vice Chair Rodriguez inquired as to the number of charter boats and public-use boats located at the Marina. 3 eRA BOARD MEETING OF: July 8, 2008 I I Consent Agenda I X I Old Business I I New Business Public Hearing Other SUBJECT: Consideration of Financial Impacts for the Museum of Lifestyle & Fashion History SUMMARY: At the June 10,2008 CRA Board Meeting, Ms. Lori Durante, Executive Director of the Museum of Lifestyle & Fashion History requested the CRA Board consider requesting the City Commission to expand the CRA boundaries to include the Museum's 1.4 acre aggregate parcels on Seacrest Boulevard. If the CRA boundaries were expanded to include these parcels the Museum would like the CRA to take ownership of the land. In exchange, the Museum would raise monies to build and operate the facility on the site. The project architect, Teen Swoon, has designed a 90,000 square foot four floor facility as the future home of the Museum. This structure was designed to create synergy between the museum, library and the CRA area while being sensitive to an adjacent residential community. Mr. Lawrence Davenport, Chairman of the Capital Campaign for the Museum stated that $25 million is needed to cover the cost of constructing the museum. However, the campaign is currently in the silent phase at this time. The CRA Board directed staff to work with Ms. Durante and come back with scenarios of fmancial impact to the CRAlCity if a property swap were to occur between the City/CRA and the museum. CRA staff received the necessary property tax information from Ms. Durante as well as the amount of debt owed on the property which is $1,800,000. Without incurring the costs of an actual appraisal, staff determined the best way to approach an equitable analysis was the following: 1.) What are the aggregate land opportunities within the CRA that are not committed to other projects at this time? 2.) Utilize the assessed valuations of parcels according to the property tax appraiser's web site factoring the loss of 13.4% within the CRA District? Staff looked at the 4th/5th assemblage which is within the CRA district, but determined it would not fit the needs of the Museum due to the same zoning constraints the Museum faces on its current site. Also, the aggregate parcels owned by the CRA just east of the City Hall parking deck would require additional acquisition by the CRA to accommodate a 90,000 square foot facility and meet the City's parking requirements. T:\AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS\Completed Agenda Item Request Forms by Meeting\FY 2007 - 2008 Board Meetings\08 07 08 CRA Board Meeting - July\MLFH.doc Therefore, the only parcels within the CRA that could be considered are the Old High School site and parking lot and the Civic Center with the adjacent park. Staff created potential exchange scenarios for both sites (See attached spreadsheet). The initial per square foot cost is based on 2007 property tax appraiser data and the second column utilized the CRA district's estimated loss of assessed valuation of 13.4%. There are also other factors for the board to consider outside of the financial ones. The CRA is currently embarking on an economic analysis for a potential relocation site of City Hall. Staff will bring forward a recommended candidate in August for the Board's approval. More importantly, this process will take at least four months to complete which may delay plans for the Museum. Additionally, at the April 2008 eRA Board meeting the board agreed the City Commission should ultimately make the final decision on the Old High School. The City Commission has tabled this discussion until October of2008. Due to the more than $1.0 million loss to the CRA's TIF revenue and upcoming budget discussions, CRA staff felt it imperative to provide a cursory analysis at this time in order for the board to provide immediate direction if the goal is to have CRA involvement to make this project happen. FISCAL IMP ACT: None. CRA PLAN, PROGRAM or PROJECT: Downtown Master Plan RECOMMENDA TIONS: Staff does not recommend pursuing a land swap with the Museum of Lifestyle and Fashion History until key components of the Town Square RFP are finalized. />~ &21 isa A. Bright Executive Director T:\AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS\Completed Agenda Item Request Forms by Meeting\FY 2007 - 2008 Board Meetings\08 07 08 CRA Board Meeting - July\MLFH.doc Ql Ql OJ OJ c: c: ClI ClI .s:: .s:: 0 0 X X Ql Ql Ql 15 '0 Ql 15 '0 OJ OJ c: Ql ~ c: Ql ClI "C :; ClI "C :; .s:: Ql Ul .s:: Ql Ul 0 ~ 0 ~ X OJ X OJ Ql ClI ClI Ql ClI ClI ..... OJ ..... 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It):s! ~O ~ 0.. o N o o -.t o It) o CO N It) -.t C') -.t CO o o o N It) (J) <'i It) N. fit ..... a>. o '" CO o>o....mo ZiN~~~ (/)~roQ)o o--~"'C_ Ol.9cnQ)t) 150)10:5:5 ~ m.~.9.~ o-a>n:JL.O UJha~<( ~ ~ ~.~ 5 '$.*~~Q) ~~I-.2:5 ~ ~.E o o ci -.t ~ cD ~ C 0"0 "OC a> '" ",--' "'..... . .00 a> ",a", .- N 1ii gJ~> -a>- ~.~ ~ oa=e:!ffi g ~:2 C')<( <C!x CD III ~I- fit fit o o N o co o ,..: co o o ci ~ a:i ~. fit a> '" ::J .!,,1 :0 :::l 0.. -" (ij 0.. O/l lii "E a> o o "> i:3 o N o o It) ;:; It) o co N It) -.t C') -.t co o Page] of Bright, Lisa From: Bright, Lisa Sent: Thursday, June 12, 2008 12:49 PM To: 'Cgdurante@aol.com' Cc: durante@mlfhmuseum.org; Ifdavenport@comcast.net; Brooks, Vivian; Simon, Michael Subject: RE: your request for MLFH property information Thanks for responding so quickly with this info We will check the size of all of these lots, current market value against the debt service. We will also look at the eRA District map for contiguous parcels of the same size that could possibly serve as a home to the museum We will get back to once we have the map of the potential sites From: Cgdurante@aol.com [mailto:Cgdurante@aol.com] Sent: Thursday, June 12, 2008 7:20 AM To: Bright, Lisa Cc: durante@mlfhmuseum.orgi Ifdavenport@comcast.net Subject: your request for MLFH property information Good Morning Lisa, It is going to be our pleasure to work with you and we are looking forward to having a museum facility in the City of Boynton Beach. We were happy to learn from Kaufman Lynn Company as we were preparing for the Tuesday CRA Board meeting that they have been very pleased with what they have seen of your work at the CRA. Per the questions in your email: First, regarding the properties that is owned by the Museum of Lifestyle & Fashion History, I will provide for you the Property Tax ID/Control Numbers for the properties, the legal descriptions and the street addresses: 08434528120020070 -124 SE 2nd Avenue - Lot 7, Block 2 Bowers Park 08434528120020090 -116 SE 2nd Avenue - Lot 9, Block 2 Bowers Park 08434528120020100 - 304 S. Seacrest Blvd and 308 S. Seacrest Blvd and 115 SE 3rd Avenue - Lots 10,11,12,13,14,15,16,17 Bowers Park, Block 2 There have been no deed restrictions reported to us in the title searches done for our acquistion of the property. We do have title insurance policies. The total amount of the mortgages on the properties is $1,800,000.00. We are looking forward to meeting with you ASAP. We want to move forward quickly with our efforts to build a museum facility. We really need a facility to fill the constant requests that we get from potential customers who want to visit the museum and see what our type of museum has to offer. The name of t!1r museum attracts interest. We also get contacts on a regular basis from people who have historical artifacts that they feel would fit our museum theme that they would want to donate but we can't accept them because we have no facility. Additionally, because our Museum organization is the only one 06/29/2008 Page 2 of2 approved in Palm Beach County to host Smithsonian exhibits, this area has not had a Smithsonian exhibit since we had to close our facility at the site in Delray that was sold and demolished for redevelopment. We are anxious to begin to bring back some of the great Smithsonian exhibits so that this area can get r- "'1( on the Smithsonian's website as a location for their exhibits. Looking forward to hearing from you soon. CHARLOTTE G. DURANTE 561-271-4545 Vote for your city's best dining and nightlife. City'~ Best 2008. 06/29/2008 Page 1 of Bright, Lisa From: Bright, Lisa Sent: Wednesday, June 11, 20087: 17 PM To: Taylor, Jerry; 'jreguez@aol.com'; Hay, Woodrow; Ross, Marlene; Weiland, Ronald Cc: 'Jim Cherof; Bressner, Kurt Subject: FW: Hi Lisa - meeting with you Dear Board, I received numerous calls today from the public regarding this potential CRA project and possible land swap We have requested the financial data today which is the first step In the process Staff will diligently work to prepare an analysis for the board's consideration with various properties that might suit the Museums needs and bring it forward as soon as possible In the meantime, please contact me if you need any updates to address members of the public Have a nice evening, Lisa From: Bright, Lisa Sent: Wednesday, June 11, 2008 6:33 PM To: 'Lori J. Durante' Cc: 'Ifdavenport@comcast.net'; Brooks, Vivian Subject: RE: Hi Lisa - meeting with you Hi LOr! This is very exciting for us to begin analysis on considering the possibility of MLFH finding a home in the CRP, Before we set our first meeting if you could please provide me information regarding your parcel such as 1) debt owed on the parcel 2.) any and all mortgages 3) any deed restrictions Once we get this data we will combine it with data off the property appraiser's database regarding the physical characteristics as well as land use and zoning to determine a value We will then be able to compare this to parcels the CRA and/or City owns within the CRA to consider a swap I think it is prudent that we do this legwork, before sitting down to strategize about the potentials for various sites Since you were at the meeting it is imperative the board be able to compare apples-to-apples not apples-to-oranges Therefore, please provide this information as soon as possible so I can direct staff to collect the data for our meeting Regards Lisa From: Lori J. Durante [mailto:durante@mlfhmuseum.org] Sent: Tuesday, June 10, 2008 11:14 PM To: Bright, Lisa Cc: Ifdavenport@comcast.net 06/29/2008 Page 2 of2 Subject: Hi Lisa - meeting with you Hi Lisa Bright, T k you so much for allowing the Museum of Lifestyle & Fashion History (MLFH) to make a presentation to the Boynton Beach Community Redevelopment Agency on June 10th. Per the CRA Board, I would like to schedule a meeting with you regarding options for the Museum's permanent building location in Boynton Beach, Florida. The CRA Chair, Mayor Jerry Taylor, mentioned a possible land swamp ofMLFH's 1.4 acres with property that is already in the CRA district and for MLFH to work with the CRA staff to explore these possibilities. Looking forward to working with you soon. I am available to meet on this Wednesday, June 11th. I can come to your office. Let me know if this is convenient for you. All the best, Lori J. Durante, Executive Director/Chief Curator Museum of Lifestyle & Fashion History P.O. Box 6127 Delray Beach, Florida 33482 Phone: 561-243-2662 Cellular: 561-706-9420 06/29/2008 eRA: 4th/5th Street Assemble e Seller Purchse Purchase Price Per Name Date Price Land S . Ft. S . Ft. Vacant Y N Zonin Russo 07-Apr $ 825,000 34,848 $ 23.67 y R2 Robinson 07-Jan $ 475,000 32,200 $ 14.75 Y R2 Bailey 07-Jun $ 200,000 13,200 $ 15.15 N R2 Venturelli 07-Nov $ 545,000 23,530 $ 23.16 N R2 Emilcar 07-Nov $ 210,000 6,508 $ 32.27 N R2 Burke 08-Jun 187 500 6969 26.90 N R2 $ 2,442,500 117,255 $ 20.83 average 2.69 acres - o.1J N .' 1m ~ ---i,~ "'/;' \ I , i I \" 'e ~ .,:,_. ~,' 9".!':'~'.. .... a.. ,., I (jti'~ d' .-... . "": .' \ ~ .~3J.VM . I . j. ~~ '0- .. . "~~aaf8Yll~-~~ -~~ -". -".. . ~ n'" I; .') -. - - - --'-- ~~.... :r3:~nIJ.S .LSI-;-g'N _ ~ - ~ - - -.,- - - ~ - - --- - -----r- I I ~o s~ OM ~o;::~ g~! i I ! ~e M1 ~o 33 III I - CD ~.~~ II ~ . ", ..::...,~..,;\~. .'... .. -.. ,; ... ~./.:.:,'.:.:::.:.:i; C ,.,: :::':.' .::i~.:~.. ~ ...... t,94~~ I . .... <,,~~. ;~,,'.~ ' . l:'li'i_ it..:.. = .....; :.~~'I ;~<' i .. . ~"'i . . '. . . ;.:,~:l.' ." ~ :~.U M ;:;0 39 i:Q ~~ 13...l ....J1Il '" ~~I t~ ~~6 UJge mn:9 ~ ~ .... ~~I ~IQ ~=i u>9 ~ ,9~'&9 bl q gl i 81 c:-J. co \. .1 I UJ LJ IT: :s <n ~ En Cl UJ ::iE 0: o u.. ffi n.. U) ~ !~I ~~! ~~: < u.. I u.. 0 I 05::1 ~~ i 0Cf.)1 El: <t I ::J Cl I n.. ~ ! ~ <3; I- 0: !k:~~! ~Cll!J' U[5S:~ ~~I(f)~ o ( ~ g ~ ff~~= Z ~~ t Q::I: - C li:~lj~ O:O~: ~o!5t ~ ~~s ri:i ~cn~~ ~ wOO: E-i :::JZZ< o Z .,-: N v1 ... .. ~ Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida June 10, 2008 Motion Ms. Ross moved for conceptual approval. Mr. Hay seconded the motion that passed 4-0 (Vice Chair Rodriguez was not present for the vote). Herb Suss, 1711 Wood Fern Drive, inquired whether any thought had been given to selling the boat slips for condominiums. Ms. Bright advised the slips could not be sold for condominiums. C. Consideration of Proposal from RTG Construction Chair Taylor noted RTG construction intended to purchase and construct eight single-family homes on in-fill lots in the HOB and sell them to low-to-moderate income buyers. Once the buyers qualified for the requisite mortgage and down payment assistance, RTG would commence construction of the homes. Ms. Ross left the dais at 8:55 p.m. Chair Taylor and Messrs. Weiland and Hay disclosed that they had met with the developer. Jeff Wooster, 828 South Road, advised he was President of RTG Construction. In addition to the construction of the eight homes, he would be completing three homes on Seacrest Boulevard by the end of the year, providing 11 new affordable homes in the HOB. RTG would be funding the purchase of the land and the construction costs to complete the homes. At the time of sale, RTG would request down payment assistance for qualified buyers. Mr. Wooster, a resident of Boynton Beach, operated RTG out of the City as well. RTG had been active in the Delray Beach Community Land Trust, having constructed more than 35 houses in the past two years. Chair Taylor and Messrs. Weiland and Hay noted their support for the project. Ms. Brooks noted she was very impressed with RTG's work and had never known any company to complete projects faster. However, she did wish to clarify the project would not be completed in six months as it was RTG's practice to pre-sell the houses before they were built. RTG was requesting the CRA set aside a source of funding for down payment assistance to qualified buyers. Ms. Bright pointed out a line item had been set aside for the funding in next year's budget. Motion Mr. Hay moved that the board approve the support of RTG's proposal. Mr. Weiland seconded the motion that passed 3-0 (\I7ce Chair Rodriguez and Ms. Ross were not present for the vote). D. Presentation of Museum of Lifestyle and Fashion History Lori Durante, Executive Director of the Museum of Lifestyle and Fashion History, advised the Museum was requesting the CRA consider the 1.4 acre site acquired by the Museum to be 12 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida June 10, 2008 included in the CRA district, and for the CRA to take ownership of the 1.4 acre site. The Museum would raise the monies to build and operate the facility on the site. Ms. Ross returned to the dais at 8:59 p.m. Wee Chair Rodriguez returned to the dais at 8:59 p.m. The project would enhance the City's cultural image, create a large economic boost for the City, and complement the CRA's mission to revitalize the downtown area. The project would also generate new jobs and increase tourism. Vacation and travel packages could be established with the Marina and Schoolhouse Children's Museum. The Museum of Lifestyle and Fashion History was the only museum in Palm Beach County approved to host traveling exhibitions from the Smithsonian Institute. Exhibitions were national and international, and Boynton Beach would be referenced in all of the Museum's marketing and promotional materials for any exhibits hosted in the City. Ms. Durante noted the National Gallery of Art and the Guggenheim Museum opened in 1937 during the Great Depression, stimulating the economy and providing hope and inspiration. She believed the Museum of Lifestyle and Fashion History would complement and enhance the economy of the City of Boynton Beach. Teen Woon, of Singer Architects, presented a conceptual design of the museum. During Phase I, the architects would work with the City's Planning and Zoning Department with regard to the CRA's visions, goals and concerns. It was the intent of the Museum to create a world- class, state-of-the-art facility to serve the community. The property was located on Seacrest Boulevard and included the entire front footage between SE 2nd Avenue and SE 3rd Avenue, and would allow for the construction of a 90,000 square foot facility. It was the intent of the architects to create synergy between the museum, library and CRA area, while being sensitive to the residential area through the use of landscape buffers and transparencies. Mr. Woon provided a PowerPoint presentation of the proposed facility, a copy of which is on file in the City Clerk's office. Exhibition areas and galleries were included in the museum's design for the facility. Michael Kaufman, resident of Boca Raton, noted he was President and Owner of Kaufman Lynn General Contractors, located in Palm Beach County. Kaufman Lynn was established more than 20 years ago and specialized in institutional and governmental projects. Some of their projects included the Boca Raton Museum of Art and the Mizner Park Amphitheater, both of which were completed ahead of schedule. Kaufman Lynn was currently constructing the City of Miramar's Cultural Arts Park, a $2SM project which will be completed two months ahead of schedule. The proposed Museum project would provide positive economic impacts to Palm Beach County, as well as to minority and women-owned businesses. Kaufman Lynn's policy provides for the inclusion of minority and women-owned businesses in all of its projects. Lawrence Davenport, resident of Delray Beach, advised he was Chairman of the Capital Campaign Committee. The committee was in the silent phase of the campaign which intended to raise $2SM-$30M for the project. 13 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida June 10, 2008 In closing, Ms. Durante requested the board's consideration to include the project in the CRA district and for the City of Boynton Beach to take ownership of the land, with the stipulation that the Museum would raise the funds for the construction and operation of the permanent facility . Chair Taylor believed the museum would serve as an economic magnet for any community. He was impressed with the entire concept, as well as the museum's association with the Smithsonian Institute. The dilemma was that the museum owned 1.4 acres which were outside of the CRA district. The museum was interested in having the CRA boundaries expanded to include their property and have the CRA purchase the land to be leased back to the Museum. Chair Taylor did not favor expanding the CRA area, and the CRA had no funds with which to purchase the parcel. He wondered whether the museum could consider a land swap or the museum's 1.4 acres for land inside the CRA, but owned by the City. Ms. Durante favored the suggestion and indicated her interest in moving forward with the land swap. Vice Chair Rodriguez also suggested including the museum's property In the CRA district and removing something out of the CRA area. The board agreed the project was excellent and could provide cultural and economic benefits to the City. To that end, they wished to consider options that would move the project forward. It was emphasized City would have to agree to the land swap. Ms. Ross noted the museum's reputation for undertaking only the highest-quality projects in the community. Motion Mr. Hay moved that the board direct staff to work with Ms. Durante and her staff to come back with scenarios of the financial impact. Vice Chair Rodriguez seconded the motion that passed unanimously. E. CRA Budget Discussion Ms. Bright advised the Property Appraiser's projected revenues reflected a $lM loss. The City's loss in assessed valuation was approximately 10%, while the CRA's loss was 13.4%. The inconsistency between the loss to the City and the loss to the CRA was currently under investigation. Staff would report back to the Board once the information was verified with the Property Appraiser's office. The shortfall represented a significant drop in the CRA's Tax Increment Funding (llF) revenue and could impact bonding for future projects and the implementation of the Downtown Master Plan. Staff considered various options, including privatizing services, and applying First-In, First-Out (FIFO) and Last-In, Last-Out (UFO) accounting principals. Preliminary budget projections were included with the meeting materials. Scenarios suggested to balance the budget included the elimination of funding for land acquisitions and new redevelopment projects for the coming year. Staff sought input from the board in order to prepare for the forthcoming budget workshop. 14 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida April 8, 2008 XIV. Comments by Executive Director Ms. Bright advised in the spring of 2007, a City Commissioner was concerned the CRA did not perform appropriately regarding the Old High School. That item languished for many months as an agenda item, for the City Commission. Meanwhile the CRA board decided the high school should be discussed with a larger project area, however the item was never removed from the City Commission Agenda. She was looking for direction from the CRA, in light of the RFQ and RFP the CRA and City staff were working, on for the Town Square area. She expressed the item was still outstanding and she needed to know if they felt the responsibility for the high school should be with the CRA or not. Commissioner Ross returned to the dais at 7:14 p.m. The board discussed the matter with some members supporting rehabilitating the structure and others in support of demolishing it. The structure could be a jewel but it was an expense. Discussion then turned to the Schoolhouse Museum. The project was successful because staff got behind it. Chair Taylor advised, for the Children's Schoolhouse Museum, it was a fundraising and City effort. When the initial discussion of the high school was held, the price to rehab the structure was $3M and now was $8M. The building is rotten and there was hardly anything to save. He explained perhaps some part of it could be saved and something else could be built there to save the sentiment. The City, however, was still pouring money into it every month to maintain it and it was in shabby condition. He expressed if it was worth that much money, someone from the public sector would have stepped in. He explained there are other more pressing needs in the community than the building. Chair Taylor explained they waited for a master plan, and then went out to proposal. No proposals have been received. The cost to maintain the building was about $18K to $24K per year in addition to $27K for insurance. There was agreement to let the City Commission make the decision. On a new matter, Ms. Bright reported she received the City's appraisals on MLK property pertaining to the potential CRA and City's land swap and sale purchase. Attorney Doody recommended both parties obtain independent appraisals and they would present them at next month's meeting so they could proceed with the purchase agreements to place all the MLK land under the CRA. XV. Comments by CRA Board Attorney None. 8 1Il~~~Y~T2~ eRA 111 East Side- West S',de- Seaside Renaissance eRA BOARD MEETING OF: July 8, 2008 I I Consent Agenda I X I Old Business New Business Public Hearing Other SUBJECT: Presentation of HOB Work Program Progress SUMMARY: The Heart of Boynton Work Program was adopted in August 2006. Using funds from the issuance of Bond II, the CRA implemented many of the goals adopted by the Board. The attached spreadsheet outlines the activities and the funds invested by the CRA. For the most part, the CRA has invested in land assemblages with the intent of assisting the future development of market and affordable units. To date the CRA holds approximately 14 acres in HOB. The CRA has also facilitated the construction of 6 new single-family homes by purchasing in-fill lots and selling them for $10 to various proposers such as Habitat for Humanity and the Boynton Beach Faith-Based CDC. Recently the Board voted to provide down-payment assistance to buyers of 8 new single-family affordable homes. FISCAL IMPACT: Funds expended (including TIF and Bond proceeds) $16,711,225 CRA PLAN, PROGRAM OR PROJECT: Heart of Boynton Community Redevelopment Plan RECOMMENDATIONS: None. cdJcJ61 & Vivian L. Brooks Assistant Director T:\AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS\Completed Agenda Item Request Forms by Meeting\FY 2007 - 2008 Board Meetings\08 07 08 CRA Board Meeting - July\HOB Work Prorgram Update.doc Heart of Boynton Work Program Update October 2007 - July 2008 Funds Spent and/or Approved Activity to Date Status American Realty applied for CWHIP and L1HTC. The project was not funded. They will bring funding 1 Ocean Breeze $ 7,500,000 options to August Board meeting. --- 3 4th/5th Avenue Assemblage $ 2,442,500 Closed on a total of 2.69 acres ,.- Homebuyer Assistance Program (Down payment Closed on 21 HAP's, 8 applications approved and 4 Assistance) $ 1,400,100 awaiting closing. ALL WITHIN HOB -- 7 homes are being repaired. 13 grant applications from HOB area have been received and are being 5 Residential Improvement Program $ 140,000 processed ,---...- This program is being administered in-house by the 6 Contract with CDC to Administer RIP $ CRA. Closed on 402 NW 12th Avenue. Waiting for demo 7 Cherry Hill $ 170,000 bids from PBC Housing Authority_ ._.._"_u......,_,.._,~ Numerous trash pick-ups, purchase of trash cans and 8 Community Improvement Grant $ 25,000 support of neighborhood clean-up efforts '-- Total of 14 lots being developed into affordable single 9 Urban Housing Infill $ 955,000 family homes ----- $3,178,626 spent to date on MLK 10 MLK Corridor $ 4,478,625 Corridor/$1 ,300,000 committed to purchase City land (;17 111 225 ~~~~Y~T8~ eRA iiIi East Side-West Side-Seaside Rena'tssance eRA BOARD MEETING OF: July 8, 2008 I I Consent Agenda I X I Old Business I I New Business Public Hearing Other SUBJECT: Update on CRA Budget Shortfall SUMMARY: At the June 10, 2008 Board Meeting, staff presented the projected revenue loss in TIF based on the preliminary information from the Property Tax Appraiser's office of a reduction of 13.4% in assessed valuations and estimated millage rates from the City and County. At that time, TIP was estimated to be approximately $8.0 million for FY 2008-2009. On June 27, 2008, the Property Appraiser released updated assessed valuations and the County revised its millage rate downward. Based on the improved downward projection of a loss of 11.2% in assessed valuations in the CRA district, TIP revenue for FY 2008-2009 will increase to $8.3 million. Staff is still in the process of working with the Property Appraiser's office to determine the reason for the difference in assessed valuation losses between the City, at 8.5%, versus the CRA at 11.2%. The Property Appraiser is experiencing a backload of similar requests for data and staff will report back to the Board once the data is received and the analysis completed. FISCAL IMPACT: Increase of $300,000 in expected TIF to be received in FY 2008-2009 for a total of $8.3 million. CRA PLAN, PROGRAM OR PROJECT: N/A RECOMMENDATIONS: N/A ~~~ Susan Harris Finance Director T:\AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS\Completed Agenda Item Request Forms by Meeting\FY 2007 - 2008 Board Meetings\08 07 08 CRA Board Meeting - July\Update on CRA Budget Shortfal1.doc MINUTES OF THE COMMUNITY REDEVELOPMENT AGENCY MEETING HELD ON TUESDAY, JUNE 10, 2008, AT 6:30 P.M. IN CITY COMMISSION CHAMBERS, BOYNTON BEACH, FLORIDA PRESENT: Jerry Taylor, Chair Jose Rodriguez, Vice Chair Woodrow Hay Marlene Ross Ron Weiland Lisa Bright, Executive Director James Cherof, Board Attorney I. Call to Order - Chairman Jerry Taylor Chair Taylor called the meeting to order at 6:31 p.m. II. Pledge to the Flag and Invocation Mr. Hay gave the invocation, followed by the Pledge of Allegiance to the Flag. 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 None. B. Adoption of Agenda Motion Mr. Hay moved to adopt the agenda as presented. Vice Chair Rodriguez seconded the motion that passed unanimously. V. Announcements and Awards: A. July 4th Salute to Independence The board and the public viewed the t (PSA). Kathy Biscuiti, Special Events Manager, announced the Public Service Announcement for the July 4th Salute to Independence was currently televised on BBTV. The celebration would be free and would be held at Intracoastal Park from 6:30 p.m. to 9:30 p.m. on Friday, July 4, 2008. Trolley service would be available from 5:30 p.m.-10:00 p.m. Food and beverages would Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida June 10, 2008 In closing, Ms. Durante requested the board's consideration to include the project in the CRA district and for the City of Boynton Beach to take ownership of the land, with the stipulation that the Museum would raise the funds for the construction and operation of the permanent facility . Chair Taylor believed the museum would serve as an economic magnet for any community. He was impressed with the entire concept, as well as the museum's association with the Smithsonian Institute. The dilemma was that the museum owned 1.4 acres which were outside of the CRA district. The museum was interested in having the CRA boundaries expanded to include their property and have the CRA purchase the land to be leased back to the Museum. Chair Taylor did not favor expanding the CRA area, and the CRA had no funds with which to purchase the parcel. He wondered whether the museum could consider a land swap or the museum's 1.4 acres for land inside the CRA, but owned by the City. Ms. Durante favored the suggestion and indicated her interest in moving forward with the land swap. Vice Chair Rodriguez also suggested including the museum's property in the CRA district and removing something out of the CRA area. The board agreed the project was excellent and could prOVide cultural and economic benefits to the City. To that end, they wished to consider options that would move the project forward. It was emphasized City would have to agree to the land swap. Ms. Ross noted the museum's reputation for undertaking only the highest-quality projects in the community . Motion Mr. Hay moved that the board direct staff to work with Ms. Durante and her staff to come back with scenarios of the financial impact. Vice Chair Rodriguez seconded the motion that passed unanimously. E. CRA Budget Discussion Ms. Bright advised the Property Appraiser's projected revenues reflected a $1M loss. The City's loss, in assessed valuation was approximately 10%, while the CRA's loss was 13.4%. The inconsistency between the loss to the City and the loss to the CRA was currently under investigation. Staff would report back to the Board once the information was verified with the Property Appraiser's office. The shortfall represented a significant drop in the CRA's Tax Increment Funding (TIF) revenue and could impact bonding for future projects and the implementation of the Downtown Master Plan. Staff considered various options, including privatizing services, and applying First-In, First-Out (FIFO) and Last-In, Last-Out (UFO) accounting principals. Preliminary budget projections were included with the meeting materials. Scenarios suggested to balance the budget included the elimination of funding for land acquisitions and new redevelopment projects for the coming year. Staff sought input from the board in order to prepare for the forthcoming budget workshop. 14 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida June 10, 2008 Susan Harris, Finance Director, discussed the draft budget. She explained fixed-operating costs of approximately $1.2M pertained to departmental budgets and excluded insurances, buildings and maintenance, and auditors' fees. The line item for the Executive Director included salaries, membership dues and travel. Salaries were also included in the line items for Finance, Planning, Marketing and Special Events. The draft budget included expenses for the southern and northern trolley routes and police services. These expenses would be reviewed to determine whether they should be cut from the budget. Ms. Harris noted the 29% increase in personal services resulted from the inclusion of professional services, such as the MSCW and RTG contracts, which were formerly in the Planning Department. Personal services should consist solely of administrative expenses and as such, professional services would not be included in future budgets. The board members agreed budget review was imperative, with certain "look-good, feel-good" items being reduced or eliminated in order to remain focused on the mission of the CRA. It was also agreed that only local travel should be considered. Staff would consider the suggestions and provide various scenarios to the board. XII. Future Agenda Items The Heart of Boynton (HOB) grant program pertaining to NE 4th Street would be addressed at the next meeting. XIII. Comments by Staff Ms. Brooks pointed out an error in a mortgage and note issued at the time the Homebuyers' Assistance Program was established. An amended mortgage and note was prepared replacing th~ "City of Boynton Beach" with the "Boynton Beach Community Redevelopment Agency." Several of the people required to execute the amended mortgage and note posed legal questions which could not be answered by Ms. Brooks. Attorney Cherof agreed to attend to this matter. XIV. Comments by Executive Director Ms. Bright advised County Commissioner Mary McCarty contributed $300,000 from gas tax funds to the CRA for 4th Street improvements. A thank-you letter was being drafted for Chair Taylor's signature. Resident Gertrude Sullivan had requested a donation of $4,000 for the community-based Intergenerational Gathering Event. Ms. Bright had never donated more than $1,500 to a single event, and she sought direction from the board. 15 ~.'.~.'..'.:..".".':.."'..;~.' ~\.~.:;.i."......."". ~<1~NT2~ c.......... ' ~,;t:\(~ ;;,,~.:; :.' ~;:/" '~ A ' ilIIi East Side - West Side- Seaside Renaissance eRA BOARD MEETING OF: July 8, 2008 I I Consent Agenda I X I Old Business New Business Public Hearing Other SUBJECT: Update on Purchase and Sale Agreement for Southern Properties SUMMARY: eRA Board Attorney to provide an update at the meeting FISCAL IMPACT: N/A CRA PLAN, PROGRAM OR PROJECT: Federal Highway Corridor Plan RECOMMENDATIONS: N/A ei /1,_ I DO. (.~ i /l7A~ Lisa Bright '-/ - Executive Director T:IAGENDAS. CONSENT AGENDAS, MONTHLY REPORTS\Completed Agenda Item Request Forms by Meeting\FY 2007 - 2008 Board Meetings\08 07 08 CRA Board Meeting - July\P and S Agreeement Southern Properties,doc eRA BOARD MEETING OF: July 8, 2008 I Consent Agenda I Old Business New Business Public Hearing XI Other SUBJECT: Consideration of Adding General Contractors to the CRA Approved GC List SUMMARY: At the May 13,2008, CRA Board meeting, the Board approved a motion to allow an additional General Contractor to be added to the CRA's list of professional services to compete for business and submit bids (see attached minutes). Staff recommends that the CRA Board approve the supplied list of General Contractors currently being utilized by the City's Community Development Department's, Community Improvement Division (see attached). These General Contractors have already been approved by the Community Improvement Division's staff and currently perform work for the City of Boynton Beach under the division's housing rehabilitation and home ownership programs. These contractors will be able to submit bid proposals for work under the CRA' s Residential Improvement Grant program as well as other Board approved projects when applicable. Allowing additional contractors will provide a more competitive bid process and lower program costs. FISCAL IMPACT: None CRA PLAN, PROGRAM OR PROJECT: Heart of Boynton Redevelopment Plan, CRA Redevelopment Plan RECOMMENDATIONS: Approve the supplied list of General Contractors to be allowed to submit bid proposals for selected CRA projects. Bright Executive Director T:\AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS\Completed Agenda Item Request Forms by Meeting\FY 2007 - 2008 Board Meetings\08 07 08 CRA Board Meeting - July\Additional GC request.doc Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida May 13, 2008 Motion Vice Chair Rodriguez moved to approve Item IX.A. Mr. Hay seconded the motion. The motion passed unanimously. X. Old Business: A. Consideration of Purchasing City Properties within MLK Corridor Project Area. Ms. Bright requested direction whether the board wanted to proceed to negotiate for the purchase of City properties in the area or use the monies designated for those purchases for other properties not in the MLK project area. Chair Taylor preferred that the monies be utilized to purchase the Platinum Gold business. He also noted the two appraisals on the MLK properties that had been done were fairly close and the monies from the sale would increase the revenue stream for the City. Mr. Weiland agreed, but pointed out the Auburn Group had not received anticipated funding and another year or two would be needed to re-apply for the necessary funding. The properties involved would remain available for sale. The purchase of the Platinum Gold Girls Club and license was important to rid the City of an unwanted business. Mr. Hay noted two of the properties were not able to be developed individually and it did present an opportunity to save $10.3M Ms. Brooks concurred two of the properties were not contiguous; however, the purchases were an attempt to assemble a larger tract of land and seek a unity of title. Motion Vice Chair Rodriguez moved to move the purchase forward to the 2009 budget cycle, Mr. Weiland seconded the motion. The motion passed unanimously. B. Continuing Services Contracts. Ms. Bright explained the service contracts could be renewed without approval, unless the board desired to make changes. The item had been on the agenda the previous month. Vice Chair Rodriguez recalled problems with exorbitant pricing on improvements and contended other contractors should be added to the list for competition. Chair Taylor cautioned if the process were initiated to allow other contractors, the entire program would be delayed. Mr. Weiland suggested more vendors be solicited to apply. Mr. Hay 5 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida May 13, 2008 offered the project should be continued as is and perhaps add one or two more vendors to the list. If there was a problem with one contractor, the others contractors and the entire project should not suffer. It was reported there were three general contractors on the list and three professional services that were used on a rotating basis. Ms. Bright added ten homeowners had each received $20,000 for improvements. Vice Chair Rodriguez stressed he did not want to delay the program. He was concerned with the absence of competition. Ms. Bright indicated there were eleven general contractors that competed for the general contractor listings. Mr. Weiland suggested the money be given to the homeowner and the homeowner be allowed to choose their own contractor to relieve the City of any liability. Mr. Hay noted the families in the program were low income families and would not have the knowledge or expertise to make an appropriate selection of contractors. After further discussion on the alternatives, the following motion was made. Motion Vice Chair Rodriguez moved to allow one additional vendor for these specific services that were provided and allow them to compete for business and submit bids. Mr. Weiland seconded the motion. The motion passed 3-2 (Chair Taylor and Mrs. Hay dissenting.) C. Consideration of Revised Contract for the Purchase of Property Located at 114 NE 5th Avenue. Ms. Brooks informed the board the appraisal was lower than the purchase price for the single-family home in an okay condition. The sellers, Mr. and Mrs. Burke, agreed to $187,500, 9% above the appraisal. The property is part of an assembly of 3.2 acres. Staff recommended approval of the purchase for $187,500. Motion Mr. Hay moved to approve Item X.c. Mr. Weiland seconded the motion. The motion passed unanimously. XI. New Business: A. Consideration of Police Athletic League's (PAL) Request of funding to send Boynton Beach Basketball Team to the National competition. 6 IGENERALCONTRACTORS I ABISSET CORPORATION Post Office Box 7123 Delray Beach, FL 33484 PHONE 495-1110 FAX 495-8329 CELL 561-302-3340 Contact- Toks GRACE CONSTRUCTION Post Office Box 9 Belle Glade, FL 33430 PHONE 561-996-1832 FAX 561-996-1834 CELL 561-261-9757 Contact - Judson Dulany J &. S Construction 300 S.E. 5th Avenue #3160 Boca Raton, FL 33432 CELL 561-400-9423 FAX 561-347-8403 Contact - Steve Wolkoff MacDONALD CONSTRUCTION CO. 1168 S.W. 18th Street Boca Raton, FL 33486 PHONE/FAX 561-347-1651 CELL 561-929-3480 Contact - Scott MacDonald PRESTIGE BUILDERS CORPORATION 15958 N.W. 82nd Place Miami Lakes, FL 33016 PHONE 305-821-5498 FAX 305-826-8856 CELL 786-253-4411 Contact - Peter Koerber RAY GRAEVE &. SONS CONSTRUCTION, INC 7739 Hilltop Drive Lake Worth, FL 33463 PHONE 432-5690 FAX 866-770-0328 CELL 436-4933 Contact - Ray Graeve SELECT BUILDERS INTERNATIONAL 641 N.W. 9th Court Boynton Beach, Florida 33426 PHONE 827-7444 FAX 736-7444 Contact - Owen Dixon SHORTDOG CONSTRUCTION SERVICES 4802 Eugenia Drive Palm Beach Gardens, FL 33418 PHONE 441-5277 CELL 234-6990 Contact - Roberto Gonzales STARMARK PROPERTIES, INC. 750 East Sample Road, Suite 232 Pompano Beach, FL 33064 PHONE 954-784-1988 FAX 954-784-2370 Contact - Michael 754-235-6806 , ~~~~Y~T2~,CRA ill East Side-West S",de-Seaside Rena",ssance eRA BOARD MEETING OF: July8,2008 I Consent Agenda I Old Business I X I New Business Public Hearing Other SUBJECT: Consideration of Auditor Selection SUMMARY: The five year contract with CRA auditors, Dufresne & Associates expired with the audit of FY 2006-2007. An RFP was issued on May 12, 2008 for a three year contract with one option of two years beginning with FY 2008-2009 and, if the option is exercised, ending with FY 2012-2013. The purpose of the RFP was to seek the services of an independent certified public accounting firm to provide external independent auditing services to the CRA. The CRA also desires the auditor to express an opinion on the fair presentation of the CRA financial statements in conformity with generally accepted accounting principles as well as to comply with special district audit requirements. Florida Statute, Section 218.39( c) requires an annual audit to be performed each year for special districts with revenues in excess of$100,000. The audit selection committee comprised of Lisa Bright, CRA Executive Director; Susan Harris, CRA Finance Director; and Orlando Gamarra of Gamarra & Associates, the CRA finance consultant, evaluated the six firms that responded to the RFP. Each committee member utilized two evaluations methods: (1) a qualifying form for compliance with RFP requirements, and if all conditions were met, (2) a numerical scoring system to evaluate the substantive RFP audit requirements. The audit selection committee met on June 24 and June 30 to discuss their scoring and ranking of the four remaining qualifying proposals. Each member's score was tabulated to arrive at the final score for each firm and the final overall ranking, with Sanson, Kline, Jacomino & Company LLP receiving the highest point total and the # 1 ranking. A summary of the final rankings are as shown below and ranking sheets are attached. 1. Sanson, Kline, Jacomino & Company LLP 2. Dufresne & Associates, P A 3. Nowlen, Holt & Miner, PA 4. Grau & Associates T:\AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS\Completed Agenda Item Request Forms by Meeting\FY 2007 - 2008 Board Meetings\08 07 08 CRA Board Meeting - July\Audit Services. doc FISCAL IMPACT: FY 2008-2009 FY 2009-2010 FY 2010-2011 FY 2011-2012 FY 2012-2013 $19,000 $19,500 $20,000 $20,000 - Option Period $20,000 - Option Period CRA PLAN, PROGRAM OR PROJECT: Administrative-- General Fund Expense RECOMMENDATIONS: Approve Sanson, Kline, Jacomino & Company LLP as the CRA's auditors for a three year term with one option for two years (five years in total) and authorize the audit committee to proceed with a contract for services to be completed within 30 days. G// -!f}i~- Susan Harris Finance Director T:\AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS\Completed Agenda Item Request Forms by Meeting\FY 2007 - 2008 Board Meetings\08 07 08 CRA Board Meeting - July\Audit Services.doc BOYNTON BEACH CRA EVALUATIOtt-~OF SUBMITTALS AND INTERVIEWS RFP# AUDIT 2008-1 FINANCIAL AUDITING SERVICES b. ,..VATOR : COMPOSITE DATE: June 3D, 2008 EVALUATION CRITERIA Maximum Points i:%.~.;: Points Awarded h#::i.H MANDATORY ELEMENTS CPA Licensed to practice in Florida / County 5 5 4 5 5 Independence 5 5 5 5 5 Results of Recent Peer Review / Litigation History 5 5 3 5 5 Timing of Deliverables ( Report Issued on or before 12/31) 5 5 4 4 5 PROPOSER QUALIFICATIONS AND EXPERIENCE Firm Experience with Government Audits (GAAS) 5 5 5 5 5 Qualifications of Staff Assigned to Engagement Partner 5 5 4 4 5 Managers 5 5 5 5 5 Other Staff 5 5 5 5 5 References from government clients 5 5 4 4 5 Adequate training and CPE's for firm personnel 5 5 5 5 5 (Req, 20 CPE credits of government auditing by each staff) f ~nd assigned staff experience with CRA's audits 10 4 2 2 4 (2 points for each CRA) AUDIT APPROACH Audit Schedule 5 5 2 3 5 Assessment and Testing of internal controls 5 5 5 5 5 Analysis of laws and regulations 5 5 5 5 5 Analytical Procedures and Sampling Techniques 5 5 5 5 5 AVAILABLE LOCAL OFFICE Local office in South East Florida (Dade, Broward or Palm Beac 10 5 10 10 10 PROPOSERS FEES AND EXPENSES Overall price and pricing of expenses Hourly Rates Of Staff 5 5 2 4 3 3 5 1 3 5 GRAND TOTAL 100 85 84 92 Evalution SheetlComposite 6/3012008 en 3: w :> 0:: w en I- W Z (.) ~C :> (.)~~ffi J:encen ~:a!~~ ~t:5t:: zi:::::lC om<(::J I-::J=I:I:<( zenll....J >-u.u.~ 000::(.) mz z o ~ ~ u. <( ::J ...J <( > W oCl'" -E"eg Gi ~,~ :a2~ <al'" 00 0.. ....I -....I ~ci 20 -oCl ~ g is (1)0 '" al .., oCl ""< ~P: c:::n GlC l~ z Qi UJ ~J!l al'" ~] ~~ ~oCl f/) odS ::>~ l!!8 "'l:l < <elf/) Q)$ e'" cn"- ~.~ c< D) (L (L LL cr: (I) I- Z w ::i1 w 0:: 5 a w 0:: >- 0:: o I- < C Z < ::i1 x x x x x x " ci E ... iI: Q) oS '0 Q) U I:: ,S! ~ c. )( w x x x x x x " ci t;j s:: o 'Cij III ~ o ... c. .s= '" <ll Q) .... o I:: ~ 'Cij o C. 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Q) "0 I:: '" '0 ~ 'E .c ::> en 1/1 Q) U I:: l!:! ~ Q) 0:: ~ "- .s= u '" o Ii c. < - '5 ::> cr> 0 00 ~ N N N I I I I '" '" '" "'''' 0 0 0 00 0 0 0 00 0 " 0:> N I'- "'" "'" "'" '" '" ~ ~ ~ ~ I I '" '" "''''''' 0 0 :5 00 0 0 00 0 0 0 U') 0 N "" :;i ~~ I i '" '" '" "'''' 0 0 0 00 0 .. 0 .... CD 0 U') CD N oj a5 cr> me ~ ~ N '" '" '" "'''' 0 0 0 00 0 U') 0 00 .. I'- N N N 0 N "" r:0M N N NN '" '" tF.)-~,~ 0 0 0 0 0 0 0 0 00 0 U') "' 00 ,..: a5 cr> ~~ cr) ~ ~ ~ N N '" '" "''''''' '" 0 ~~ 0 ;; ;; 0 00 N N N ~~ .0 0, * ~ N 0 0 ~ ~ 0 0 0 00 N N N N '" >- >- >- >- >- LL LL LL LL LL o o It) oj '" '" x o ~ "'" .... o o It) 05 CD x '" o .... It) '" '" :x '" o It) "': x o o o ai en '" iii '0 I- N '0 ~ "E .t:l ::> en Q) "3 '0 Q) .s= u en Q) Q) LL '~~qY~e~ eRA ill East Side",West S'lde...Seaside Renaissance S... I Krc"c,c"c,."" Jf ~, -~ ~ } - " ~ ' l! _' _''''''~ __," .. .....-- _, _ _' '.'~ ..,r;t . C.., l<' ~ ~~~- . , a iV ~ 'P.? ~ .f, . . .< .., '" ~ .", '~ ~:~- , ,::-'" j ..jO I irg I -,-- .. - ..- . - rr:ftfBLfE OfF CO~ Sanson, Kline, Jacommo & Company, LLF Paee Transmittal Letter / Executive Summary........."..,.............,...................,........".............." Firm's Qualifications and Experience Organizational Structure and History...,.."".",....."...."...............""".,......" Firm Partners and Professionals..."...."...."................."".........,., ...,.,... Location of Office. . . . . . . , . . . . . , . , . . , . . ......., , ,,,..................................... . . , , . . . . . . . . . . . . . , . . . 4 Similar Engagements. . . . . . . . . , , , , , . . , , .......,"......, ......... ....................... . . . . . . . . , . . . . . . . . , . . , 4 References... .....,....., ...... .".., .. , ,. , .., ...""".,........................................ 5 Proposed Engagement Team.................."......"................. ................................".......... 6 Experience and Qualifications......."........,..,.."...... ....... ....... ...................... ......... ......... 7 Continuing Professional Education Program.., ............................................................. 13 Ability and Capability to Perform Required Services Independence.. .. .. . .. . . . . , . . . . . .. ................ ".......... .. .. , .. . . .. . .. .. .... . .. . .. .. .. . .. .. .. . .. . .. 14 License to Practice in Florida. . . . . . . ' , . ' . . , , , . , , . , . . . . . , .. . . . . , , . . . , . . . . . . . . . . . . . . . . . . , , . . . , 14 Desk Reviews.. , . , , .. .. , . . . ......................" ,.."",.............................,.,............... 14 Quality Control Program.....".."", . ." ",...."......................".....".......... ] 4 Disciplinary Action..,..,.., , , . . , . . , , , , . , , . , ,., , . , . . . . . , . , . . . . . , . . . . , . , . . , . . . . . . . . . . . . . . . . . . , . .... 14 Litigation.. . . . . . . . , . . . . . , . . . , , . . . ,." . , . . , '. , , , . , , , , . , . , , . . . . . . . . . . . . . . . . . , . , . . . . . . . . . . . . . , , , , .., 14 Audit Approach and Work Plan.............., ......."..'............. ........,......., ........,... 14 Tentative Timetable..............., ,.." .......... ,..,.,....".. ....... ................................... ......., ......., ] 8 Price Proposal Cost of Services. . . . . . . , , . . . ,............... , , , , , ,. .". ........... ........ ........... ........ . . , . . . . . .. ..,.., ] 9 Additional Professional Services............."..........." "...................."..,..". , , 19 Appendix A: Affidavits, Acknowledgements & Other Required Documents ft~T2~CRA IL. .,,' . Boynton Beach CRA RFP No. Audit 200(i., -5" - rsK1l lMQJ SANSON KLINE JACOJ\.1lNO & COMP~ LLP Certified Public Accountants & Consultants 5805 Blue Lagoon Drive Suite 220 Miami, Florida 33126 Tel. (305) 269-8633 Fax (305) 265-0652 \'~'\IWsklnetcg,'lJ June 13, 2008 Audit Selection Committee Boynton Beach Community Redevelopment Agency 915 South Federal Highway Boynton Beach, Florida 33435 RE: Proposal to Provide Financial Auditine Services Dear Members of the Audit Selection Committee: Sanson, Kline, Jacomino & Company, LLP ("SKJ") is pleased to have the opportunity to respond to Request for Proposal ("RFP") No. Audit 2008-1 to provide financial auditing services to the Boynton Beach Community Redevelopment Agency (the "CRA"), for the fiscal years ending September 30, 2008. 2009 and 2010, with an option to renew for fiscal years ending September 30,2011 and 2012. SKJ is committed to providing value-added and quality services to the CRA, combining the responsive personal contact associated with a smaller firm and the sophisticated professional resources of a larger firm. As leaders in servicing non-profit and governmental entities, SKJ is fully qualified to provide external auditing services to the CRA. We strive to exceed the expectations of our clients, with a commitment to total quality service. Translating our experience and resources into effective and efficient value-added services to the CRA is our highest priority, which is why we believe we are best suited to be part of your professional team. The task that the CRA faces in selecting a firm to provide financial auditing services is not an easy one, There are obvious similarities among the firms submitting proposals, but there are also distinguishing characteristics. Our goal in this proposal is to present those characteristics that distinguish us as the team best suited to serve the CRA. Understanding of Your Needs Based on our knowledge and experience gained in serving governmental and non-profit entities, more specifically the experience that we've gained having been external auditors for other community redevelopment agencies, SKJ has a clear understanding and ability to provide the scope of services requested in the RFP, as more thoroughly described throughout this proposal. With our team, the eRA can be assured that we are committed to performing the work timely, efficiently and effectively, ISKJl ~ Committed To Serving Government SKJ has been in the business of serving governmental and non-profit entities for over 30 years. The Firm strives to maintain its objectives in the rendering of services of the highest quality with local firm attentiveness to all of its governmental and non-profit clients. In SKJ's commitment to provide quality services to its public sector clients, in 2003 SKJ hired me as a Partner, specializing in the government and non-profit industry. I'm a former Senior Manager with KPMG's Healthcare and Public Sector Practice, with over 15 years of experience in the government and non-profit industry. During my career at KPMG, I provided audit services to a number of governmental entities, including the City of Miami Community Redevelopment Agencies, the City of Miami, Florida, Miami-Dade County, Florida, the City of Miami Beach, Florida, the School Board of Miami-Dade County, Florida, the School District of Palm Beach County, Florida, and many others. (See more information on SKJ's proposed engagement team in the "Firm's Qualifications and Experience" section). All of SKJ's professionals, from entry-level accountants to partners, are trained to understand the issues and meet the needs of governmental and non-profit entities. Our professionals bring a comprehensive understanding of the issues that face governmental and non-profit entities as well as "bench strength" at all levels, allowing us to respond swiftly and effectively to your evolving needs. Responsiveness SKJ prides itself in responding to the needs of its clients. This responsiveness is not only demonstrated by our commitment to meet the time deadlines for the audit, but in responding to other requests as well. We have structured an engagement team, as demonstrated in this proposal, which will continue to provide the expertise required by the eRA. Our ability to be responsive is enhanced by the open communications and good working relationship that we hope to develop with management of the CRA over the next several years. We look forward to hearing from you and to working with the CRA. As a Partner of SKJ, I am the CRA's primary contact and I am duly authorized to make representations for the Firm. This proposal is a firm and irrevocable offer for 90 days after the date of this letter, and is subject to the successful completion of our prospective client evaluation. Sincerely, s~VminO & Company, LLP r/~ Richie C. Tandoc Partner 2 ----~----~----~--- -- --- -- - --~ - - - -- --- - - ---------- - ----- -- - --- - I~I---- r Organizationa( Structure ana 'j{istory Sanson, Kline, Jacomino- & Company, LLP Sanson, Kline, Jacomino & Company, LLP ("SKJ"), a local CPA firm, was founded on January 7, 1978 by two former Partners and one Manager of Alexander Grant & Co. (currently known as Grant Thornton, LLP), and on October 1, 1998, the Firm became a limited liability partnership. The Firm has provided professional services to numerous governmental, non-profit and for-profit entities for over 30 years, including accounting/bookkeeping, auditing, consulting, tax, and other assurance and advisory services. The Firm's assurance and advisory practice (which consists of accounting/bookkeeping, auditing, consulting and other advisory services) is composed 55% of engagements in the governmental and non-profit industry, and 45% in the commercial and for-profit industry, including real estate developing, construction, banking, manufacturing, import/export, retail, and services fields. The Firm has grown over the years to approximately 16 employees, including professionals and administrative personnel, with our main office in Miami, and a satellite office in Sunrise. SKJ is licensed and authorized, as a CPA Firm to perform audit and accounting services, by the State of Florida Board of Accountancy and is and has been in good standing with the State Board (see copy of certification at Appendix A). SKJ is a member of the American Institute of Certified Public Accountants Private Companies Division for CPA Firms. All of our partners and all eligible employees are members of the American Institute of Certified Public Accountants and the Florida Institute of Certified Public Accountants, and are in good standing with such Institutes. In addition, SKJ is a Minority Business Enterprise and/or Small Business Enterprise certified by a number of governmental agencies in South Florida, as well as by the State of Florida. Pinn a>artners ana {]>rofessionaCs The three principle Partners of the firm are as follows: Years of Service Tony Jacomino, Tax & Managing Partner Richie Tandoc, Assurance & Advisory Partner Alfredo Jacomino, Tax Partner 44 15 14 In addition to the Partners above, the Firm consists of 11 other professionals composed of: Total Government Audit Staff Managers / Supervisors 4 4 Seniors 3 2 Staff 4 2 We anticipate assigning 2 full-time audit staff to the engagement, and if necessary, an additional audit staff on a part-time basis. See the "Proposed Engagement Team" section for more detail. ;<~Y~TB1iCRA - .,.,-~..,,-.,''''''"'' Boynton Beach CRA - RFP No. Audit 2008-1 3 - ---- --- -- - -~----- - - - --- - --- ---- --- - - ---- - ----- - - - - --- - - - - ----- -- rsKYl. ~ Sanson, Kline, Jacomino & Company, UP . ., Location of Office The address of SKJ's office from which the CRA's audit will be conducted is 5805 Blue Lagoon Drive, Suite 220, Miami, Florida 33126. All SKJ professionals that will be utilized on the audit engagement are located at this office. Simifar CEngagements Our professionals have substantial experience in auditing non-profit and governmental entities in accordance with auditing standards generally accepted in the United States of America, Audits of Non-Profit Organizations, Government Auditing Standards and OMB Circular A-l33 (single audits), and the preparation of financial statements in accordance with such standards, and FA SB pronouncements, statements and interpretations, where applicable. Our experience comes from auditing similar governmental entities, including community redevelopment agencies. The following is a select list of governmental and non-profit audit and consulting clients that SK.I has been engaged in the last five years: Governmental and Non-Profit Audits · Action Community Agency, Inc, · City of Hialeah, Florida · City of Miami, Florida City of Miami Community Red. Agencie~ Concert Association of Florida, Inc. · Coral Reef Montessori Charter School · Dade Schools Athletic Foundation, Inc. · First Call For Help of Broward, Inc. · Latin Chamber of Commerce of USA · Magnet Educational Choice Association, Inc. · Miami-Dade Agency for Community Ed., Inc, · Miami-Dade County Aviation Department · Miami-Dade County General Segment Miami-Dade Expressway Authority · Miami Shores / Barry University Charter School · Ministerio Intemacional EI Rey Jesus, Inc, North Miami Community Red. Agency · School Board of Miami-Dade County School District of Palm Beach County WLRN Television and Radio Stations Single Audits / Grant Audits . Action Community Agency, Inc. . Miami-Dade County Aviation Department . City of Coral Springs, Florida . Miami-Dade County General Segment . City of Hialeah, Florida . Miami-Dade Expressway Authority . City of Miami, Florida . School Board of Miami-Dade County . City of Pompano Beach, Florida . School District of Palm Beach County . Latin Chamber of Commerce of USA Governmental and Non-Profit Consulting · Children's Services Council of Broward · City of Miami, Florida · City of Miami Beach, Florida · Cuban Museum, Inc. · Florida Department of Revenue · Florida Department of Environmental Protection · Miami-Dade Expressway Authority Miami-Dade Taxicab Lottery · Miami-Dade Transit · Spiral Tech Elementary Charter School The following is a list of the five most significant governmental engagements (ranked on the basis of total staff hours) similar to the engagement described in the RFP performed in the last five years: lOYNTONCRA . . lIt~, A C H '" Boynton Beach CRA RFP No Audit 2008. / 4 li~l- ! i Sanson, Kline, Jacomino.& Company, LLP Miami-Dade County - General Segment . Scope of Work: Audit of the basic financial statements and federal and state single audits. . Engagement Partner: Richie C. Tandoc · Contract Period: 2003-2008 . Contact: Blanca Padron, Controller · Telephone: (305) 375-3637 . Staff Hours: 1,550 (as subcontractor to KPMG) School Board of Miami-Dade County, Florida . Scope of Work: Audit of the basic financial statements and federal single audit. . Engagement Partner: Richie C. Tandoc · Contract Period: 2003-2010 . Contact: Alan Vann, Chief Auditor · Telephone: (305) 995-1436 . Staff Hours: 650 (as subcontractor to E&Y) Miami-Dade County - Aviation Department . Scope of Work: Audit of the basic financial statements and federal single audit. . Engagement Partner: Richie C. Tandoc · Contract Period: 2003-2008 . Contact: Ann Lee, Director of Finance · Telephone: (305) 669-3700 · Staff Hours: 620 (as subcontractor to KPMG) City of Miami, Florida . Scope of Work: Audit of the basic financial statements and federal and state single audits. · Engagement Partner: Richie C. Tandoc · Contract Period: 2007-2009 · Contact: Diana Gomez, Director of Finance · Telephone: (305) 416-1324 · Staff Hours: 600 (as subcontractor to McGladrey & Pullen) City of Miami Community Redevelopment Agencies · Scope of Work: Audit of the basic financial statements. · Engagement Partner: Richie C. Tandoc · · Contact: Miguel Valentin, Finance Officer / Jim · Villacorta, Executive Director · Staff Hours: 240 (as primary contractor) Contract Term: 2002-2007 Telephone: (305) 679-6810 ~ferences The following is a select list of engagements similar in scope of services to those requested in the RFP, with applicable contact information, performed within the last three years: City of Miami Community Redevelopment Agencies · Scope of Work: Audit of the basic financial statements. · Engagement Partner: Richie C. Tandoc · · Contact: Miguel Valentin, Finance Officer / Jim · Villacorta, Executive Director Contract Term: 2002-2007 Telephone: (305) 679-6810 North Miami Community Redevelopment Agency · Scope of Work: Audit of the basic financial statements. · Engagement Partner: Richie C. Tandoc · · Contact: Tony Crapp, Sr., Executive Director · Contract Term: 2006-2008 Telephone: (305) 899-0272 f'.~Y~T2\KRA . ilL ,.,,,,,,.;.,,,"',,., Boynton Beach CRA - RFP No, Audit 2008-1 5 ---- - - ~ ----- ------ - - ------ - - ~- - ------- - - - ~ - - ~- - - -- ----- 1SKYl- lM&J Sanson, Kline, Jacomino & Company, UP Miami-Dade Expressway Authority · Scope of Work: Audit of the basic financial statements and state single audit. · Engagement Partner: Richie C Tandoc · Contract Period: 2005-2009 · Contact: Marie Schafer, CFO · Telephone: (305) 637-3277 Miami-Dade County, Florida · Scope of Work: Audit of the basic financial statements and federal and state single audits. · Engagement Partner: Richie C. Tandoc · Contract Period: 2003-2008 · Contact: Blanca Padron, Controller · Telephone: (305) 375-3637 School Board of Miami-Dade County, Florida · Scope of Work: Audit of the basic financial statements and federal single audit. · Engagement Partner: Richie C Tandoc · Contract Period: 2003-20 I 0 · Contact: Alan Vann, Chief Auditor · Telephone: (305) 995-1436 Proposea P.ngagement rream The following organization chart outlines the proposed engagement team that will be assigned to the CRA's audit engagement: Boynton Beach Community Redevelopment Agency .~Y~T2~(RA t... ".',.,,', Boynton Beach eRA - RFP No. Audit 2008.! 6 li~l- ~erience and Qua{ifications Sanson, Kline, Jacomino& Company, LLP In order to fulfill our commitment to the CRA, we have structured an engagement team that will be responsive to your needs, consisting of professionals with the skills and experience in dealing with the issues you face. The proposed engagement team has extensive knowledge and experience in performing audits in accordance with generally accepted auditing standards, Government Auditing Standards, OMB Circular A-133, Audits of States, Local Governments, and Non-Profit Organizations, and Chapter 10.550 Rules of the Auditor General, which include audits of entities such as non-profits, cities, counties, special districts, school districts, and charter schools. The level of service provided by our Engagement Partner and Manager is unmatched. The Engagement Partner will be at the client site, and in contact with finance personnel, at a minimum, two days a week. The Engagement Manager will be at the client site, at a minimum, three days a week. The proposed engagement team consists of the following supervisory professionals: Client Service and Engagement Partner The client service and engagement partner will serve as the primary contact for senior management to ensure open and effective channels of communication. The partner's responsibilities include keeping abreast of important developments concerning issues that would directly affect the CRA; coordinating the total services to be provided through continuous communication with members of the engagement team; determining the content of the reports to be issued; ascertaining that professional standards have been complied with throughout the engagement; and directing and controlling the efforts of all personnel assigned to the engagement. Richie C. Tandoc will serve as the client service and engagement partner. Richie has over 15 years of professional experience serving non-profit, governmental, and for-profit clients. Richie is the Partner- in-charge ofSKJ's assurance and advisory practice, with a specialization in serving governmental and non-profit entities. In addition, he is the Technical Resource Partner responsible for keeping the Firm's professionals updated on current accounting and auditing standards, as well as the Human Resources Partner and the liaison for the Firm's governmental subcontract work with the national, regional and other local accounting firms. Concurring Reviewer The concurring reviewer will perform an in-depth second review of the workpapers and report to ensure proper presentation as an additional level of quality control. She will also be readily available to the engagement team for consultation on technical issues. Carole Stewart will serve as the concurring reviewer. Carole, a Senior Manager with the Firm, has over 11 years of professional experience serving governmental, non-profit, and for-profit engagements. Carole has extensive experience in examining accounting records for non-profit, governmental, and for-profit entities to help ensure the reliability and integrity of financial information; compliance with contracts, policies, plans, procedures, laws and regulations; and reviews of internal controls. ; q:~Y~re;KRA [I"".."" ,.,..__,""", Boynton Beach CRA - RFP No. Audit 2008-1 7 ~~-----------~------~ rsKTl- ~ Sanson, Kline, Jacomino & Company. UP ~ . ..- , Engagement Manager The engagement manager will be responsible for developing and coordinating the overall audit work plans under the direction of the engagement partner. Her responsibilities also include supervising staff personnel, coordinating the day-to-day audit fieldwork, and performing an in-depth review of all pertinent work papers and reports. She will also be responsible for coordinating the completion of the audit and the preparation of the reports; and for bringing to the attention of the partner any technical and sensitive issues, and potential solutions to such. Jenny Orantes will serve as the engagement manager. Jenny has over 9 years of experience serving non-profit, governmental, and for-profit clients. Engagement Senior The engagement senior will assist in the planning of the audit; allocate audit tasks to staff and direct the day-to-day performance of the plan; will be under the supervision of the engagement manager and partner; supervise audit staff and oversee daily progress of the engagement; communicate with the manager regarding the progress of the audit; review all workpapers and reports; and identify any technical issues to be discussed with the manager. Valerie Liu will serve as the engagement senior. Valerie has 3 years of experience serving non-profit. governmental, and for-profit clients. All members of the engagement team will be available at any time to assist the CRA with accounting, auditing, and/or financial reporting questions, or any other questions within the scope of the audit engagement. In addition, we will make every effort to ensure that the supervisory staff assigned to the audit of the CRA will be assigned to the engagement from year to year. If that is not possible, due to promotions or resignation of staff, then we will ensure that the newly assigned supervisory staff will have the adequate qualifications to provide the required services to the CRA. See resumes for each proposed team member on the pages following. RY~Te~(RA - .c .....,. Boynton Beach eRA RFP .Va Audit 2008-1 8 ISKJl ~ Sanson, Kline, Jacomino& Companj. LLP Richie C. Tandoc Client Service and Engagement Partner Professional Experience Richie has over 15 years of experience serving governmental and non-profit clients. He has extensive experience in analyzing and evaluating internal controls over all major financial processes of government and non-profit entities, and in auditing federal and state grants in accordance with OMB Circular A-l33 and Rules of the Florida Auditor General, respectively. A select list of Richie's non- profit and governmental clients includes the following: . Archdiocese of Miami, Florida (3),(4) . Miami-Dade County General Segment (1),(2),(3) . Children's Services Council ofBroward (1) . Miami-Dade County Clerk of the Courts (3) . City of Coral Springs, Florida (1) . Miami-Dade County Solid Waste Mgmt. (2), (3) . City of Florida City, Florida (3),(4) . Miami-Dade Taxicab Lottery (1), (3) . City of Miami Com. Red. Agency (1),(2),(3) . Miami-Dade Transit (1),(2),(3) . City of Miami, Florida (2),(3) . Miami Department of Off-Street Parking (2) . City of Miami Beach, Florida (3) . Miami Shores/Barry University Charter School (1) . City of Miami Springs, Florida (4) . Miami Sports and Exhibition Authority (2) . Concert Association of Florida, Inc. (1),(3) . Ministerio Intemacional EI Rey Jesus, Inc. (I) . Coral Reef Montessori Charter School (1) . North Miami Community Red. Agency (1) . Dade Schools Athletic Foundation, Inc. (1) . Palm Beach County Workforce Dev. Board (2) . First Call For Help ofBroward, Inc. (1) . School Board of Miami-Dade County (1),(3) . Florida Dept. of Environmental Protection (1) . School District of Palm Beach County (1),(2) . Florida Int'l University Foundation (3) . Spiral Tech Elementary Charter School (1) . Latin Chamber of Commerce of USA (1) . Town of Davie, Florida (4) . Magnet Educational Choice Assoc., Inc. (1) . Village of Golf, Florida (4) . Miami Shores Village, Florida (4) . Workforce One (formerly BETA) (2),(3) . Miami-Dade Agency for Com. Ed., Inc. (1) . WLRN Television and Radio Stations (1) Position on engagement: (1) Partner; (2) Manager; (3) Supervisor/Senior; (4) Staff Professional and Business Affiliations Certified Public Accountant, Florida Member, Florida Institute of Certified Public Accountants Member, American Institute of Certified Public Accountants Member, Government Finance Officers Association Member, Florida Government Finance Officers Association Member, Coral Gables Chamber of Commerce Member, Fill Alumni Association Education Master of Accounting, Florida International University Bachelor of Accounting, Florida International University ,'(f/~lel1iCRA iii, ' ".', '"k"," ."" Boynton Beach CRA - RFP No, Audit 2008-1 9 --~~~~------------------ - --- - - -- -- - --- - - - ---- - rsKJl l!QU Sanson, Kline, Jacomino & Company, LLP Carol Stewart-Heron Concurring Reviewer Professional Experience Carol has over 11 years of public accounting and consulting experience, including serving governmental and non-profit entities. Her experience includes examining accounting records for governmental, non-profit and for-profit entities to help ensure the reliability and integrity of financial , information; compliance with policies, plans, procedures, laws and regulations; reviews of internal controls; and evaluating management's achievement of goals and objectives. She also has substantial experience in auditing federal and state grants in accordance with OMB Circular A-133 and Rules of the Auditor General of the State of Florida, respectively. Carol's experience includes serving the following non-profit and governmental entities: · Action Community Agency, Inc. (2), (3) · All Souls' Episcopal Church (1), (2) · City of Hialeah, Florida (2) · City of Miami, Florida (1), (2), (3) · East Little Havana Community Development Corporation (2), (3) · Latin Chamber of Commerce of USA (I) · Miami-Dade County Aviation Management Contracts (2), (3) · Miami-Dade County General Segment (1), (2), (3) · Miami-Dade County Housing Agency (2), (3) · Miami-Dade County Seaport Department (1), (2), (3) · North Miami Community Redevelopment Agency (I) · School Board of Miami-Dade County, Florida (1), (2), (3) · School District of Palm Beach County, Florida (1) · State of Florida Department of Revenue (2), (3) Position on engagement: (1) Senior Manager / Manager; (2) Senior / Supervisor; (3) Staff Professional and Business Affiliations Certified Public Accountant, Florida Member, American and Florida Institutes of Certified Public Accountants Member, National Association of Black Accountants Member, South Florida Government Finance Officers and City Clerks Association Chairperson, Finance Committee, Kiwanis Club Lauderdale Lakes / West Sunrise Education Master of Accounting, Florida International University Bachelor of Accounting, Florida International University jqY~PiKRA _._-- *,., Boynton Beach eRA ~ RFP No. Audit 2008~1 10 Il~I---- Sanson, Kline, Jacomino& Company, LLP Jenny Orantes Engagement Manager Professional Experience Jenny has 9 years of public accounting and consulting experience, including serving governmental and non-profit entities. She also has substantial experience in auditing federal and state grants in accordance with OMB Circular A-133 and Rules of the Auditor General of the State of Florida, respectively. Jenny's experience includes serving the following governmental and non-profit entities: . City of Miami Community Redevelopment Agencies (I), (2) . City of Miami, Florida (2), (3) · Concert Association of Florida, Inc. (1) · Coral Reef Montessori Charter School (1), (2), (3) . East Little Havana Community Development Corporation (2), (3) . Florida Department of Environmental Protection (1), (2), (3) · Miami-Dade County Housing Agency (3) · Miami-Dade County General Segment (2), (3) . Miami-Dade County Aviation Department (1) · Miami Beach Housing Authority (3) · Miami Beach Latin Chamber of Commerce (3) · School Board of Miami-Dade County, Florida (1), (2), (3) · School District of Palm Beach County, Florida (2) · Southwest Social Services (3) Position on engagement: (1) Manager; (2) Senior / Supervisor; (3) Staff Education Bachelor of Accounting, Florida International University } \.fl~2~:CRA II.., ,.w".,.'.. ,.." Boynton Beach CRA - RFP No, Audit 2008-1 11 - ------------ ----- ------- --~---~----~ -~------~~ ISKJl lIThJ Sanson, Kline, Jacomino & Company. LL1' Valerie Liu Engagement Senior I Professional Experience Valerie has 3 years of public accounting and consulting experience, including serving governmental and non-profit entities. She also has substantial experience in auditing federal and state grants in accordance with OMB Circular A-133 and Rules of the Auditor General of the State of Florida. I respectively. Valerie's experience includes serving the following governmental and non-profit entities: · City of Miami Community Redevelopment Agencies (1), (2) · City of Miami, Florida (1) · Concert Association of Florida, Inc.( 1), (2) · First Call for Help of Broward, Inc. (I), (2) · Latin Chamber of Commerce of USA, Inc. (2) · Miami-Dade County Aviation Department (1), (2) · Miami-Dade County General Segment (1), (2) · School District of Palm Beach County, Florida (I), (2) Position on engagement: (1) Senior; (2) Staff Education Master of Accounting, Florida International University Bachelor of Accounting, University of Florida ~Y~12~(RA .-. -.. -.--.- 'L."., Boynton Beach CRA RFP liTO. Audit 2008-1 12 11~1---- Sanson, Kline, Jacomino &: Company, LLP Continuing CJ?rofessiona( CEducation CJ?rogram SKJ requires that all professional staff receive, at a minimum, 40 hours of continuing professional education (CPE) each year, which includes governmental and non-profit accounting and auditing courses. Consequently, we provide in-house seminars, as well as attend externally provided seminars and conferences in order to meet the required 40 hours of CPE. As a result, our professional staff meet the CPE requirements promulgated by the American Institute of Certified Public Accountants (which requires 80 hours in a two year period, with at least 20 hours in accounting and auditing courses). In addition, as part of SKJ's CPE requirement, all professional staff attend a minimum of 20 hours of government accounting and auditing CPE training each year. This allows our professional staff to exceed the CPE requirements promulgated by Government Auditing Standards (which requires 24 hours of government accounting and auditing courses within a two-year period). SKJ affirms that all professionals assigned to the audit engagement have properly maintained the CPE requirements in accordance with the rules promulgated by the American Institute of Certified Public Accountants and Government Auditing Standards. r<flY~Tft1iCRA -,-- 1*ce, "W"""'" ,,..,,.. Boynton Beach CRA - RFP No. Audit 2008-/ 13 ---~--~~-- ------~--~------~---- -- - --~~ I~~I-~ Sanson. Kline. Jacomino &: Company, LLP ....--,.......--.....,..<.=---..-.---..--.---.- I naepenaence SKJ and all of its professionals are independent of the CRA and the City of Boynton Beach, as defined by generally accepted auditing standards issued by the American Institute of Certified Public Accountants and the U.S. General Accounting Office's, Government Auditing Standards. We affirm that we will give the CRA written notice of any professional relationships entered into during the period of the agreement, if we are selected as your auditors. License to CFractice in pforicfa SKJ affirms that it is licensed as a CPA firm by the State of Florida Board of Accountancy and is and I has been in good standing with the State Board. In addition, we affirm that all of the Firm's professionals assigned to the engagement are also certified by the State of Florida Board of Accountancy, where applicable, and are in good standing with the State Board. See copies of applicable licenses at Appendix A to this proposal. (])esft ~iews SKJ has not had any federal or state desk/field reviews of its audits during the past three years. QuaEity Contro{ CFrogram A copy of SKJ's external peer review report during the last three years can be found at Appendix A to this proposal. The scope ofthe reviews included government, non-profit and for-profit engagements. (])iscipfinary .ftctions There have been no disciplinary actions taken or pending against SKJ or any of its professional staff during the past three years with state regulatory bodies or professional organizations. Litigation There have been no litigation or proceedings, during the past two years, whereby a court or any administrative agency has ruled against the firm or any staff member in any manner related to its professional activities. In addition, the firm is not involved in any current or pending litigation. .ftutfit flpproacli ana worft q>fan SKJ's approach to the audit involves measured planning of all activities and identifying key people and significant audit issues early in the process. The Firm believes that this approach represents a common sense, understanding and basic method for conducting an efficient engagement. A significant element of this approach will be the team of professionals highly experienced in servicing entities of similar size and complexity. : 'fl~~iCRA I,,,,,,.,,,,,,..,....,,,,,, Boynton Beach CRA - RFP No, Audit 2008-1 14 ---- - - -- - - - - - -- - - - - ~- ~ - - - - -- -- -- - - -- - - -- --- - li~1 '""' Sanson, Kline, Jacomino & Company, LLP SKJ's standard practice is to have the entire audit team, including the Partners, Managers, and Seniors, involved in all aspects of the audit process. Being a small Firm, SKJ prides itself on the exceptional client service we provide and the amount of involvement of our Partner and Managers in our audit and consulting engagements. Our Partner and Managers are generally at the client's site. at . a minimum, two to three times a week. In order to perform the audit in the most efficient and effective manner possible, the audit. and involvement of each professional, will be conducted in the following four phases: BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY Phase I - Audit Planning The initial phase of the audit will be planning. Adequate planning ensures prompt completion of all auditing and reporting requirements and close coordination to provide our services in the most efficient basis. The initial stage will commence at the earliest available time following our selection as auditors, SKJ will make a detailed preliminary review of the financial and accounting operations. This will allow the auditors to identify at an early stage any known accounting, auditing or reporting matters to be resolved and anticipate any potential problems from any planned, pending or probable developments, Furthermore, SKJ will be able to assign audit priorities and arrange for assistance and coordination with accounting and audit personnel. After a preliminary review of the financial and accounting operations, SKJ will perform a pre-field work conference with management, The purpose ofthe conference is to: (1) Establish meeting dates with management to discuss the planned audit approach and engagement status. (2) Schedule dates for client assistance schedules, ~YNTpN'CRA -.-- 6}H,H .. Boynton Beach CRA - RFP No. Audit 2008-1 15 IWl ~ ! f Sanson, Kline, Jacomino.& Company, LLP (3) IdentifY potential problems and audit priorities. After the meeting with appropriate management officials, SKJ will define the specific engagement objectives. In defining the objectives unique to each assignment, SKJ will review the reliability and integrity of existing systems and preliminarily assess how these procedures and policies meet the engagement objectives. SKJ will then use this accumulated information concerning systems controls to develop a specific approach. At this point, the team will discuss audit program procedures with the staff members to ensure that procedures are appropriate for matters scheduled for audit examination. SKJ understands that audit work is a matter of professional judgment about procedures that are most appropriate for the situation. The Firm stresses maintaining that professional judgment when developing audit programs by focusing on what the professional requirements recommend. Upon completion of developing audit programs, timetables will be re-visited with management to ensure the documents, schedules and reports requested will be provided within stated time frames and assist with monitoring the audit team's progress. Phase II - Interim Fieldwork Compliance Test and Procedures One of the primary differences between auditing in the public and private sectors is the need to test for compliance with laws and regulations in public sector audits. SKJ will plan the audit, where applicable to detect instances of noncompliance with certain provisions of laws, regulations, contract and grants, that could have a material effect on the financial statements. The approach to audit effectiveness for compliance with laws and regulations, include, but are not limited to: . Discussing compliance requirements with Finance personnel and the legal staff to identifY areas of particular concern; · Documenting procedures and controls used to monitor compliance; . IdentifYing events that could lead to instances of potential noncompliance, such as staffing, employee benefits, operating hours, personnel policies, etc; · Reviewing minutes of the appropriate board meetings; and . Performing additional specific testing as deemed appropriate. Review of Accounting Controls and Test of Transactions During this phase, SKJ will focus on establishing a thorough understanding of administrative and internal accounting controls that relate directly to the accuracy and reliability of financial information. Specifically, SKJ will evaluate how information in the general ledger is compiled, processed and used to prepare financial reports. This evaluation includes both manual and EDP controls. Features relevant to a particular system depend on: · The actual activities and control procedures in effect; · How control procedures are executed and; · How responsibility for their execution is segregated. Controls will be documented, and evidence gathered on the effectiveness of controls through inquiry, observation, inspection of documents, records and reports and re-performance of procedures, for each significant class of transaction to determine the following objectives, where applicable: f :.fI~Te~:CRA Ii",., ,.w, ""., ".,,,,,, Boynton Beach CRA - RFP No. Audit 2008-1 16 --~-~ ------~ --~ --- ~ - --- ------ - - - -- - - -- - -- - -- - -- - -- - - --- rsKIl. ~ Sanson, Kline, Jacommo & Company, LLP Authorization Transactions are executed in accordance with management's general or specific authorization. Transactions are recorded as necessary to permit preparation of financial statements in conformity with criteria applicable to such statements and to maintain accountability for assets. Access to assets is permitted only in accordance with management's authorization. The recorded accountability of assets is compared with the eXlstmg assets at reasonable intervals and appropriate action is taken with respect to differences. Recording Access to Assets Asset Accountability Upon completion of our evaluation and test of controls, we will develop preliminary management comments and internal control recommendations, if any. Audit programs will be prepared for the final phase of our audit work that will focus on the areas of audit risk determined in part by the level of reliance placed on internal controls. Thereafter, we expect to begin detailed testing of transactions, Detail tests shall encompass the cash receipts/revenue cycle, disbursements/expenditure cycle, and payroll cycle, at a minimum, to determine compliance with internal controls, guidelines and contractual obligations previously documented. Further, we will begin certain analytical procedures (such as fluctuation analysis, budget versus actual, and ratio analysis, where applicable). Upon the completion of our interim fieldwork, we will review our preliminary findings, if any, with both management and other appropriate staff members, to avert surprises at year-end. Phase III - Year-end Substantive Testing We will begin year-end substantive testing immediately upon the availability of Finance staff and the year-end closing. Based upon the results of interim testing, we will finalize our detailed tests of account balances. Audit programs will be updated to recognize and address concerns that arise during interim testing. During this phase, we will complete our analytical review of operations and assess the impact of confirmation procedures. Financial statements will be reviewed to ensure compliance with generally accepted accounting principles. Also, we will initiate discussions with management and obtain responses regarding our audit findings and internal control and operational recommendations, if any. and discuss all audit adjustments with the appropriate personnel. Phase IV - Exit Conference and Reporting The audit concludes with an exit conference conducted with representatives of Finance staff and Audit Committee, if applicable. We will formalize responses to all audit findings and internal control recommendations, if any. We will discuss all significant matters noted during our examination with required action plans for corrections. We will then issue final reports, with the approval of management, including our audit reports on the financial statements, the reports on internal control over financial reporting and on compliance and other matters, and the management letter with recommendations to increase efficiency, improve internal controls and enhance operations. *~~Y~Te~(RA Boynton Beach CRA RFP No, Audit 2008-1 17 1SKJl. ~ Sanson. Kline. Jacomino.& Company. LLP Overall, we feel that our audit approach is efficient, effective and beneficial to the CRA because it is designed to provide solutions that are tailored to your specific needs. More importantly, it provides feedback on the operational efficiency behind the financial statements and what might be done to improve them in the future. 'Tentative rrimeta6{e With management's approval, our preliminary timetable for the audit is as follows: Key Phase Audit Planning Interim Procedures August Decem ber Year-End Substantive Testing Exit Conference and Draft Reports Final Reports Once the timetable is agreed and finalized with management of the CRA, SKJ will be committed to completing the audit within the dates specified. i 'J~y:t2~tCRA II.",.....""~,.",,..," ", Boynton Beach CRA - RFP No. Audit 2008-1 18 - ~ ~--~- ---------- -- - -- - ---- -- ---~ - I ~rg I ----- - Sanson, Kline, Jacomino & Company, LLP _..,-_.,._.__.,"~_.~--,--_.,-<..._-~.. Cost Of Services Audit of the Basic Financial Statements Our proposed fees reflect and include the objectives and scope of services requested in the RFP. SKJ's policy is to estimate fees at amounts that are highly competitive, but will also enable us to respond to your needs and provide the quality of service that an organization the size and complexity of the CRA requires. In general, our fees are based on the level of experience and training of the individuals assigned, as detailed in our proposal. SKJ's proposed fixed fees for the audits of the basic financial statements of the CRA for each of the three fiscal years of the contract, and the two fiscal years of the renewal, are as follows: For the year ending Proposed September 30, Fee 2008 $ 19,000 2009 19,500 2010 20,000 2011 20,000 2012 20,000 If significant additional time is necessary to complete the audit as a result of unforeseen and uncontrollable circumstances, we will immediately discuss it with management and arrive at a new estimate prior to incurring additional costs. jlcfd'itiona{ rp,ofessiona{ Services If the CRA requests any additional services outside the scope of the audit, then such additional work shall be performed only upon a written agreement between the CRA and SKJ. Any such additional work agreed to between the CRA and SKJ shall be performed at a blended rate of$100 per hour. Services outside the scope of the audit may include those services that would not impair our independence as your auditors, such as certain agreed-upon procedures, tax-related research and inquiries, and certain other financial consulting services. t1::::!- 6/13/2008 Richie C. Tandoc, Partner Date ",~Y;fel1iCRA --- *,,,,,,,,..,,,,,,,,,,, Boynton Beach CRA - RFP No, Audit 2008-1 19 ---------~---~-~-~ -----~ --- -- - - ---- - - -- - -- ~ - - - - - - - - - -- - APPENDIX A (Attachment 1) PROPOSER'S ACKNOWLEDGEMENT Submit Proposals To: Susan Harris, Finance Director Boynton Beach CRA 915 South Federal Highway Boynton Beach, Florida 33435 Telephone: (561) 737-3256 ext. 203 Broadcast Date: MAY 12, 2008 RFP Title: THREE YEAR CONTRACT FOR FINANCIAL AUDITING SERVICES RFP Number: #Audit 2008-1 RFP Received By: JUNE 20, 2008, NO LATER THAN 5:00 P.M. (LOCAL TIME) RFP may not be withdrawn within ninety (90) days after such date and time. All awards made as a result of this RFP shall conform to applicable sections of the charter and codes of the CRA. Name of Vendor: Sanson, Kline, Jacomino & Company, LLP Federal J.D. Number: 59-1759944 A Corporation of the State of: Florida (a limited liability partnership) Telephone Number: 269-8633 Area Code: 305 Area Code: 305 FAX Number: 265-0652 Mailing Address: 5805 Blue Lagoon Drive, Suite 220 City/State/Zip: Miami, Florida 33126 Vendor Mailing Date: 6/13/08 Richie C. Tandoc, Partner Name Typed 15 THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL APPENDIX A (Attachment 2) ADDENDUM BOYNTON BEACH CRA RFP TITLE: "THREE (3) YEAR CONTRACT FOR FINANCIAL AUDITING SERVICES" CPA FIRM: Sanson, Kline, Jacomino & Company, LLP DATE SUBMITTED: June 13, 2008 We propose and agree that if this proposal is accepted to contract with the CRA, the CPA Firm will furnish all materials, equipment, transportation, labor and services necessary to complete/provide the work specified by the Contract documents. Having studied the documents prepared by: Susan Harris, Finance Director And having examined the following addendum we propose to perform the work of this Audit according to the Contract documents and the following addenda which we have received: ADDENDUM None DATE ADDENDUM DATE ]6 THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL APPENDIX A (Attachment 3) NON-COLLUSION AFFIDAVIT OF PRIME PROPOSER State of Florida ) County of Miami-Dade ) Richie C. Tandoc , being first duly sworn, deposes and says that: 1.) I am Partner of Sanson, Kline, Jacomino & Co., LLP , the proposer (Title) (Name of Corporation or Firm) that has submitted the attached proposal: 2.) I am fully informed respecting the preparation and contents of the attached proposal and of all pertinent circumstances respecting such proposal; 3.) Said proposal is genuine and is not a collusive or sham proposal; 4.) Further, the said proposer nor any of its officers, partners, owners, agents, representatives, employees or parties in interest, including this affiant, has in any way colluded, conspired, connived or agreed, directly or indirectly with any other proposer, firm or person to submit a collusive or sham proposal in connection with the Contract for which the attached proposal has been submitted or to refrain from proposing in connection with such Contract, or has in any manner, directly or indirectly, sought by agreement or collusion or communications or conference with any other proposer, firm or person to fix the price or prices in the attached proposal or of any other proposer, or to fix any overhead, profit or cost element of the proposal price or the proposal price of any other proposer, or to secure through any collusion, conspiracy, connivance or unlawful agreement any advantage against the Boynton Beach Community Redevelopment Agency or any person interested in the proposed Contract; and 5.) The price or prices quoted in the attached proposal are fair and proper and are not tainted by any collusion, conspiracy, connivance or unlawful a eement on the part of the proposer or any of its agents, representatives, owners, em loyees, or parties in interest, including this affiant. (Signed) ...... (Title) Subscribed and sworn to before me This 02 'J d day of '~,; IVL- My commission expires C:/t. . 1'. . ''0 "'W!.'~"'" M. CARMEN ALFONSO {:rJJ.Pitf~ MY COMMISSION # DD 445289 ~.rA~~i EXPIRES: August 15, 2009 "'~iif.,r.-~" Bond9d ThN Notary Publlo underwrlto,. 20 {)E:i I S /.;J.- c:C' 9- f 17 THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL APPENDIX A (Attachment 4) ANTI-KICKBACK AFFIDA VIT STATE OF FLORlDA Florida ) : SS ) COUNTY OF Miami-Dade I, the undersigned hereby duly sworn, depose and say that no portion of e sum herein proposed will be paid to any employees of the CRA as a commission, kickback, eward of gift, directly or indirectly by me or any member of my firm or by an officer of the c oration. By: / S~orn and subscribed before ~ thIS .:1. ..." c:i..- day of ,;.cc 20Z:I~ , - Printed Information: Richie C. Tandoc NAME Partner TITLE NOTARY PUBLIC, State 0 at Large '. Sanson, Kline, Jacomino & Co., LLP COMPANY "OFFICIAL NOTARY SEAL" STAMP "-;;"~""'" M CARMEN ALFONSO /*. ~: MY COMMISSION # DO 445289 . . - EXPIRES: August 15. 2009 BonUId Tllru Nglary PuI>lit Underwriters 18 THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL APPENDIX A (Attachment 5) INSURANCE REOUIREMENTS I. General Liability The CPA Firm agrees to provide comprehensive General Liability Insurance for the benefit of the CRA with combined single limits of $1,000,000 per occurrence, for Bodily Injury and Property Damage Liability. Coverage must be afforded on a form no more restrictive than the latest edition of the Comprehensive General Liability Policy, without restrictive endorsements, as follows and shall include: Premises or Operation; Independent Contractors; Broad Form Property Damage; Broad Form Contractual Coverage applicable to this specific Agreement, including any hold harmless or indemnification agreement; and Personal Injury Coverage with Employee and Contractual Exclusions removed with minimum limits of coverage equal to those required for Bodily Injury liability and Property Damage Liability. The CRA and the City of Boynton Beach are to be included as "Additional Insured" with respect to liability arising out of services performed for the CPA by or on behalf of the CRA or acts or omissions of the CPA Firm in connection with such services. II. Professional Liability The CPA Firm agrees to provide professional liability insurance for the benefit of the CRA with combined single limits of $1,000,000 per claim and which insures against errors and omissions by the CPA Firm, its sub contractors and other professionals. III. Worker's Compensation The CPA Firm agrees to provide Worker's Compensation and Employer's Liability Insurance for the benefit of the CPA Firm's employees, if required by law. IV. Indemnification In performing its services hereunder, the CPA Firms will use that degree of care and skill ordinarily exercised, under similar circumstances, by reputable members of its profession practicing in the same or similar locality at the time the services are provided. It is agreed that the CPA Firm is not a fiduciary of the CRA. The CPA Firm and its officers, directors, employees, agents, consultants and sub contractors shall indemnify and hold harmless the CRA or anyone claiming by, through or under the CRA or third parties, for any and all claims, losses, costs or damages whatsoever arising out of, resulting from or in any way related to the services under this agreement from any cause or causes, including but not limited to, the negligence, professional errors or omissions, strict liability or breach of contract or any warranty, express or implied. 19 V. Automobile Liability The CPA FIRM agrees to provide automobile liability insurance covering all owned, hired and non-owned automobile equipment. Limits: Bodily Injury - $100,000 each person $300,000 each occurrence $ 50,000 each occurrence Property Damage - VI. Certificates of Insurance Before commencing performance of this contract, the CPA FIRM shall furnish the CRA with a duplicate Certificate of Insurance for the required insurance as specified above, which shall contain the following: A) Name of insurance carrieres). B) Effective and expiration dates of policies. C) 30 days written notice by carrier of any cancellation or material change in any policy. D) Certificates of Insurance stating that the interests of the CRA are included as an additional named insured, and specifying the Project. Such insurance shall apply despite any insurance which the CRA may carry in its own name. VII. Subcontractor Insurance The CPA FIRM is advised to require all of its subcontractors to provide the aforementioned coverage as well as any other overages that the CPA FIRM may consider necessary, and any deficiency in the overages or policy limits of any subcontractors will be the sole responsibility of the CPA FIRM. v~'1;~f I D/1te Partner 20 i05~!~F; ~ l~titl,~t~'~(~I~~tl~~tIONSEQ#L~h~g*hO~;~ , '--';;;0":"'-; L;-.-- ,;: -:. --~, -::-. /28 ,2007 0702 8153 ~"i7. ~O l!tt,S,4' .. ,,,':-" ':':"::-. '._ .:":.:" .'" :::~:"":,:",-,. :..,.......-.- .~.~.:-'. 4!.~--"-' -- . The A,CCOUlITANCY PARTNERS!tIPf~Y -~. g~:~~~~O~t~~i~lg~:sil~h!~~~r Expiration date: DEC 31~ 2009- 473FS. ": " "__, _ ."_ _ '. '.. > -.' _ ~_'. '>_c .;'. ,,_:., _' ,'-"', " :,".,' . ~AN8QN ,~1{L~l'1*;j JAC()l1IN9)& :'~O. ~~~~if L~-; j~Tiil RD'\9'4:E~go,!r:i" MIAMI" FL3312 6 .(~).;J~D'i;~r~~u\~ CHARLIE:CRIST GOVERNOR -,' - , ,-~ HOLLY -13E~S01'i:~\" SECRETARY \:t~! AC#.2 8 7 0 6 31 STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION BOARD OF ACCOUNTANCY SEQ#L06100300482 LICENSE NBR 10 03 2006 068074717 AC0031252, The CERTIFIED PUBLIC ACCOUNTA&T 'Tamed below IS LICENSED - . -:' lder the provisions of Chap1:;ei':47'3FS io .&:Ixpiration date: DEC 31, 2008" TANDOC, RICHELLE CHAN 13801 SW 158 TERRACE MIAMI FL 33177 JEB BUSH GOVERNOR DISPL,A.Y A SIMONE MARSTILLER SECRETARY . j' .1 ':O-~ _: ~; ". ". .. ',,- ~;t~jr It':~~ ~ .:: - .._ __ ,,_ _,I>>...:' .;' ,"_''.'- !j1A1'C~~~~:~'6 CHARLtECRiST GOVERNOR .. #~f:ll. - ."'. --.- ~ " - . - .' - .' -- - . '...-" _.' ".- -, -.. -". ~-'-"" HOLL Y'-B:ENSbN~;'~' SECRE'l'ARY';l.:i - .. Z!I!C INFANTE & COMPANY CERTIFIED PUBLIC ACCOUNTANTS' BUSINESS CONBULTANTS-------- ---~------~------- Members of: American Institute of CPAs . Center for Public Company Audit Firms . Tax Division . Personal Financial Planning Section Florida Institute of CPAs National Associated Certified Public Accounting Firms Harrison Executive Centre - Suite 308 1930 Harrison Street Hollywood, Florida 33020 Telephone (954) 922-8866 Fax (954) 922-8884 www infantecocpa, COr, iccpas@aol.cDfT' August 30, 2007 To The Partners Sanson, Kline, Jacomino & Company, LLP We have reviewed the system of quality control for the accounting and auditing practice of Sanson, Kline, Jacomino & Company, LLP (the "Firm") in effect for the year ended May 31, 2007. A system of quality control encompasses the Firm's organizational structure, the policies adopted and procedures established to provide it with reasonable assurance of confonning with professional standards. The elements of quality control are described in the Statements on Quality Control Standards issued by the American Institute of Certified Public Accountants (AICP A). The fiml is responsible for designing a system of quality control and complying with it to provide the Firm reasonable assurance of conforming with professional standards in all material respects. Our responsibility is to express an opinion on the design of the system of quality control and the Firm's compliance with its system of quality control based on our review. Our review was conducted in accordance with standards established by the Peer Review Board of the AICP A. During our review, we read required representations from the firm, interviewed fiml personnel and obtained an understanding of the nature of the Firm's accounting and auditing practice, and the design of the Fiml's system of quality control sufficient to assess the risks implicit in its practice. Based on our assessments, we selected engagements and administrative files to test for conformity with professional standards and compliance with the Firm's system of quality control. The engagements selected represented a reasonable cross-section of the finn's accounting and auditing practice with emphasis on higher-risk engagements. The engagements selected included among others, engagements performed under Governmental Auditing Standards. Prior to concluding the review, we reassessed the adequacy of the scope of the peer review procedures and met with firm management to discuss the results of our review. We believe that the procedures we performed provide a reasonable basis for our opinion. In performing our review, we obtained an understanding of the system of quality control for the Firm's accounting and auditing practice. In addition, we tested compliance with the Firm's quality control policies and procedures to the extent we considered appropriate. These tests covered the application of the Firm's policies and procedures on selected engagements. Our review was based on selected tests therefore it would not necessarily detect all weaknesses in the system of quality control or all instances ofnoncompliance with it. There are inherent limitations in the effectiveness of any system of quality control and therefore noncompliance with the system of quality control may occur and not be detected. Projection of any evaluation of a system of quality control to future periods is subject to the risk that the system of quality control may become inadequate because of changes in conditions, or because the degree of compliance with the policies or procedures may deteriorate. In our opinion, the system of quality control for the accounting and auditing practice of Sanson, Kline, Jacomino & Company, LLP in effect for the year ended May 31,2007, has been designed to meet the requirements of the quality control standards for an accounting and auditing practice established by the AICP A and was complied with during the year then ended to provide the Firm with reasonable assurance of conforming with professional standards. ~v-~' '/ \',;.;.. ., :5$\.;,. ~ 1IJ~~~Y~T8~ eRA iIIi East Side~ West S'lde~Seaside Renaissance eRA BOARD MEETING OF: July 8, 2008 I I Consent Agenda I Old Business I X I New Business Public Hearing Other SUBJECT: Consideration of CRA Boundary Amendment SUMMARY: On May 15,2001, the City Commission adopted the Federal Highway Corridor Plan. The goal of the plan was to expand the boundaries to increase financial resources to the CRA during the redevelopment plan implementation. The boundaries of this expanded area, on which this redevelopment plan is focused, are the city limits on the north and the municipal boundary on the south. (See attached map.) At the time of adoption of the plan, the City and CRA implemented a series of steps to develop the future land use categories of Mixed Use-Core (MXC) and Special High Density Residential (SHDR) to the City's Comprehensive Plan. At that time, the SHDR land use category was unique to Planning Areas I and V of the Federal Highway Corridor Community Redevelopment Plan as referenced by the City's Comprehensive Plan. However, since the adoption of the Workforce Housing Ordinance in March 2007 this land use can be utilized throughout the City. On August 1, 2006, the City Commission adopted the Federal Highway Corridor Community Redevelopment Plan Update to outline the strides made in the past five years with regard to plan implementation. The City Commission and the CRA realized an update was warranted to recognize the achievements to date and to ensure that future implementation measures produce the results envisioned in the original plan. State law requires that the CRA Plan and the City's Comprehensive Plan be in sync. The Federal Highway Corridor Community Redevelopment Plan update identified ten projects that have been approved through March 2006 adding 912 residential units to Planning area V. (See attached map) The Plan further defines that when a property owner, located within the unincorporated pockets of Planning Area V, requests the Special High Density land use category, a concurrent request must also be made for annexation into the City limits. The CRA attorney has ruled that this request to annex a project receiving the unique CRA land use into the City did not provide an automatic trigger to amend the CRA boundary to include these parcels within the CRA District. T:\AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS\Completed Agenda Item Request Forms by Meeting\FY 2007 - 2008 Board Meetings\08 07 08 CRA Board Meeting - July\CRA Boundary Amendment.doc 1I!~~~Y~Te~lc RA ill East Side-West Side-Seaside Renaissance The following projects received the land use designation ofSHDR which at the time of their annexation was exclusive to the CRA Planning Areas I and V of the Federal Highway Plan: Name # of Units Year Annexed Waterside 115 2004 Tuscan 25 2006 Gulfstream Gardens 308 2004 Palm Cove 121 2006 Bayfront 76 2004 FISCAL IMPACT: See attached analysis. If the above-referenced projects had been added to the CRA at the time of annexation and land use change, the CRA would have received approximately $2,3M over the next three fiscal years. If the projects cannot be added to the CRA prior to 2009, revenue to the CRA over the same time period would be approximately $1.1 M. CRA PLAN, PROGRAM OR PROJECT: Federal Highway Corridor Community Redevelopment Plan RECOMMENDATIONS: CRA Staff feels that the Board has the following options to resolve this Issue: 1.) Leave the above-referenced projects out of the CRA and amend the Federal Highway Corridor Plan to exclude the projects already constructed as well as future projects to be constructed in the unincorporated areas of Planning Area V (excluding Gulfstream Gardens which the City Commission determined on December 18, 2007 to include in the CRA, which however needs a corrected legal description to be in effect.) 2.) Make a policy determination that the intent of the Federal Highway Corridor Community Redevelopment Plan (2001 and 2006) was to include these projects in the CRA in order to pay for future redevelopment efforts; i.e.; MLK Corridor. Request that the CRA attorney work with the City attorney and taxing authorities to draft the CRA boundary amendment resolution along with legal descriptions for the above-referenced projects of which revenue is currently going to the City as well as future projects to have the boundaries amended to be included within the CRA by December 31, 2008. T:\AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS\Completed Agenda Item Request Forms by Meeting\FY 2007 - 2008 Board Meetings\08 07 08 CRA Board Meeting - July\CRA Boundary Amendment.doc ~~~~Y~T2~CRA iIi East Side-West Side-Seaside Renaissance 3.) If the Board determines that the policy intent of the Federal Highway Corridor Community Redevelopment Plan was the inclusion of the above-referenced projects into the CRA, the Board could request reimbursement from the City for the amount equal to the TIF that would have been received by the Agency since the time of annexation of the projects. ~, f Lisa Bright Executive Director T:\AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS\Completed Agenda Item Request Forms by Meeting\FY 2007 - 2008 Board Meetings\08 07 08 CRA Board Meeting - July\CRA Boundary Amendment.doc ...... '-': , . . i I "., ) .~ ; . .. ... FEDERAL HIGHWAY CORRIDOR COMMUNITY REDEVELOPMENT PLAN Prepared For: The City of Boynton Beach ,ADOPTED: May 15, 2001 Prepared by: Michele Mellgren & Associates, Inc. in association with Hughes Hall Inc. April 3, 2001 - t-- ,I--~ !--- --- ->. '.--'~ -I-' :i ~ Federal Highway Corridor Redevelopment Study Boundary of Corridor Study Area ==11 --. ~~ ::~ --;~ :.,;~. iT] "- -:- ---:::.~.. ~-~-- \..~, c' .., - Ii.:: 1 c -_.;<\_ . :.. :f ,,,. ....'T'.? "'J '~'-;~ -.>f. .::-. >r~ -~ ~:J-~'j ..----- -====:~::,',:~.~':~:..~~.: - .... '. -: (,:~,~\:.51 --- ..- __I . . '. . .. -..::- w - ,-- 5, .::: ~-;- ~ :-=:_"' . o. :: ..~.' ;. '/ I. \ L I ~l /.', I. ~i G -oj' ,_?_ ...~ _"1.. '~'~l-' -~ I ..' .~- I ~:'E::-~ ' ...J .' ; _ I _ :i :,;,... : , -.' I "._i i ~>..\ ... -..:. - ., :I . "-.._... Lv' City Boundary ~, Water -: . ,'Railroads I Roads '....'J Corridor Study Area 0.5 o 0.5 1 1.5 2 Miles Date: rvlarch 3D, 2001 FEDERAL IDGHW A Y CORRIDOR COMMUNITY REDEVELOPMENT PLAN UPDATE Prepared for: The City of Boynton Beach Community Redevelopment Agency June 1, 2006 Federal Highway Corridor Community Redevelopment Plan PLANNING AREAS Map 4.1 [..-. ...J City Boundary [:J Planning Area , CRAArea 3,500 1,750 0 3,500 Feet 14 + - ,I Ir' II . 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