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Agenda 12-09-08 \\' J,-- >:~, I~:' "/1:~~' ~~~<tY~T8~ eRA iIIIIi 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, December 9, 2008 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: A. Annual Holiday Boat Parade, Friday December 12, 2008 VI. Consent Agenda: A. Approval of Minutes - CRA Special Board Meeting October 21, 2008 B. Approval of Minutes - CRA Board Meeting November 5, 2008 C. Approval of Minutes - CRA Special Board Meeting - November 17, 2008 D. Approval of Period-Ended November 30, 2008 Financial Report E. Approval of Funding up to $20,000 from the Residential Improvement Program to Louis Jean Valceus F. Approval of Funding up to $20,000 from the Residential Improvement Program to Karl Hobschaidt G. Approval of Funding up to $20,000 from the Residential Improvement Program to Cheryl Jackson H. Approval of Funding up to $20,000 from the Residential Improvement Program to Kathleen Capp I. Approval of Funding up to $20,000 from the Residential Improvement Program to Annet Lee J. Approval of Funding up to $20,000 from the Residential Improvement Program to Lura Lee Lester K. Approval of Funding up to $20,000 from the Residential Improvement Program to Wilfred Byam L. Approval of Funding up to $20,000 from the Residential Improvement Program to Clara Marie Williams M. Approval of Funding $50,000 from the Homebuyers Assistance Program to Arden and Sandra Gayle N. Approval of Funding $40,000 from the Homebuyers Assistance Program to Ingrid Green o. Approval of Funding $50,000 from the Homebuyers Assistance Program to Ian and Tosi Rigby P. Approval of Funding $40,000 from the Homebuyers Assistance Program to Jeffrey and April Eddings Q. Approval of Michael B. Schorah & Associates, Inc.'s Marina Survey Bid Proposal to Perform Topographical and Under Ground Utility Surveys for the Boynton Harbor Marina Master Redevelopment Project Construction Drawings R. Approve Rescission of HR ILA with City s. Approve Revised Benefits ILA with City T. Update on Strand and Bond Market VII. Information Only: A. CRA Policing Activity Report for the Month of October 2008 and District Statistics for the Months of October and November 2008 B. Boynton Beach CRA and Trolley Website Updates C. CRA Board Meeting Schedule for 2009 D. Trolley Route Ridership Update E. Planning and Development Board Meeting Agenda - November 25,2008 VIII. Pulled Consent Agenda Items: IX. Public Comments: (Note: comments are limited to 3 minutes in duration) X. Public Hearing: Old Business: New Business: XI. Old Business: A. Consideration of Monthly Police Reporting Format B. Consideration of CRA Boundary Amendment Action C. Consideration of Action on Ocean Breeze Site D. Consideration of Resolution 08-07 Amending the Community Redevelopment Plan to Include Community Policing Innovation Program and Infrastructure Improvements E. Master Development Agreement with the Auburn Group Status Report F. CRA Staffing Plan G. CRA Website XII. New Business: A. Request by Boynton Beach Faith-Based CDC to Sell Land on NE 4th Avenue to the CRA 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 ~~<tY~T2~ eRA iIi East Side-West Side-Seaside Rena'lssante 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, December 9, 20086:30 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: A. Annual Holiday Boat Parade, Friday December 12, 2008 VI. Consent Agenda: A. Approval of Minutes - CRA Special Board Meeting October 21, 2008 B. Approval of Minutes - CRA Board Meeting November 5, 2008 C. Approval of Minutes - CRA Special Board Meeting - November 17,2008 D. Approval of Period-Ended November 30,2008 Financial Report E. Approval of Funding up to $20,000 from the Residential Improvement Program to Louis Jean Valceus F. Approval of Funding up to $20.000 from the Residential Improvement Program lei Karl Hobschaidt G. Approval of Funding up to $20,000 from the Residential Improvement Program t(1 Cheryl Jackson H. Approval of Funding up to $20,000 from the Residential lmprovement Program to Kathleen Capp I. Approval of Funding up to $20,000 from the Residential Improvement Program to Annet Lee J. Approval of Funding up to $20,000 from the Residential Improvement Program to Lura Lee Lester K. Approval of Funding up to $20,000 from the Residential Improvement Program to Wilfred Byam L. Approval of Funding up to $20,000 from the Residential Improvement Program to Clara Marie Williams M. Approval of Funding $50.000 from the Homebuyers Assistance Program to Arden and Sandra Gayle N. Approval of Funding $40,000 from the Homebuyers Assistance Program to Ingrid Green O. Approval of Funding $50,000 from the Homebuyers Assistance Program to Ian and Tosi Rigby P. Approval of Funding $40,000 from the Homebuyers Assistance Program to Jeffrey and April Eddings Q. Approval of Michael B. Schorah & Associates, Inc.'s Marina Survey Bid Proposal to Perform Topographical and Under Ground Utility Surveys for the Boynton Harbor Marina Master Redevelopment Project Construction Drawings R. Approve Rescission of HR ILA with City S. Approve Revised Benefits ILA with City T. Update on Strand and Bond Market VII. Information Only: A. CRA Policing Activity Report for the Month of October 2008 and District Statistics for the Months of October and November 2008 B. Boynton Beach CRA and Trolley Web site Updates C. CRA Board Meeting Schedule for 2009 D. Trolley Route Ridership Update E. Planning and Development Board Meeting Agenda - November 25, 2008 VIII. Pulled Consent Agenda Items: IX. Public Comments: (Note: comments are limited to 3 minutes in duration) X. Public Hearing: Old Business: New Business: XI. Old Business: A. Consideration of Monthly Police Reporting Format B. Consideration of CRA Boundary Amendment Action C. Consideration of Action on Ocean Breeze Site D. Consideration of Resolution 08-07 Amending the Community Redevelopment Plan to Include Community Policing Innovation Program and Infrastructure Improvements E. Master Development Agreement with the Auburn Group Status Report F. CRA Staffing Plan . J.,,-u I ~ t-I G. CRA Website XII. New Business: A. Request by Boynton Beach Faith-Based CDC to Sell Land on NE 4th Avenue to the CRA i;A--! ,dr:- 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 IlflY~8~RA Ii East Side-West Side-Seaside Renaissance MEMO December 3,2008 / To: CRA Board Members From: Margee Walsh, CRA Marketing and Communications Director RE: Editorial coverage in URBAN LAND magazine ......................................................................... The attached article appeared in the September issue of URBANLAND magazine, the flagship publication of ULI, distributed monthly to more than 60,000 development professionals worldwide. Copies of this magazine issue were also available to the approximate 8,000 individuals, primarily developers looking for redevelopment opportunities, attending the 2008 Fall Meeting and Urban Land Expo, recently held in Miami from October 27 - 30,2008. As part of this year's conference, ULI featured a shared-stand real estate pavilion presenting Palm Beach County's leading developers, owners, architects, planners, engineers, manufacturers, municipalities, and exemplary projects. The Boynton Beach CRA participated in the Palm Beach Pavilion, marketing three major sites, Bank of America, 500 Ocean and the Gulfstream Mall. Other Pavilion participants included the Business Development Board, Navarro Lowry, Kaufmann Lynn, West Palm Beach CRA, Riviera Beach CRA, JMWA Architects, and RLC Architects. The CRA booth was a significant external marketing event for the agency in 2008, providing an opportunity to showcase the CRA District and the public dollars spent to entice developers to the CRA in this difficult market. Attachment 915 South Federal Highway Boynton Beach, Florida 33435 Ph: 561-737-3256 Fax: 561-737-3258 ; ,>~ IH'"" .. n"l){'..J, v"hri" 1 ~.t~"ltn Developers and Local Leaders Work Together to Provide Affordable Housing In Boynton Beach, Rorida, a grow- ing coastal town of 65,000 people located between Boca Raton and Delray Beach in Palm Beach County, an aggressive campaign is being led by the city's Community Rede- velopment Agency (CRA) to make the American dream of owning a home a reality for local people. "Through an integrated system of grants, programs, and partner- ships, we have helped an increasing number of local residents overcome financial obstacles and bridge the gap between their dreams and their resources," says Jerry Taylor, mayor and CRA board chair. The commitment to pursue initiatives and public/private partnerships that create affordable housing earned the CRA an Innovation and Housing Leadership Award from the Hous- ing Leadership Council of Palm Beach County earlier this year. But, as Taylor is quick to point out, the real reward is "changing lives and making Boynton Beach stronger as residents move from rentals into homeownership and invest in the future of the community." The Boyn- ton Beach CRA guides redevelop- ment activities within a 1,650-acre (670-ha) district along the eastern edge of the city. One partnership helping put home- ownership within reach is the CRA's financing velJture with Coral Gables- based developer the Comerstone Group to include affordable housing at the Preserve, a master-planned luxury townhouse and villa commu- nity being built in Boynton Beach. Through joint financing, income- eligible buyers can qualify for as much as $150,000 in financial assistance on a townhouse or villa using a combination of funds avail- able from the State Housing Initia- ~"'~"JT~Il~~~~C;;:~'~f~"i"":-~)c2~:::;Cii>f:i~'-"-- tives Partnership (SHIP), the CRA's Homebuyer's Assistance Program, and funds from the Community Workforce Housing Innovation Pilot Program (CWHIP). The financial aid can reduce the mortgage on a $279,000 three-bedroom villa to as little as $129,000. With 54 units built to date, the Preserve at completion will have 180 two- and three-story townhouses and villas. Current prices, ranging from $223,000 to $279,000, are among the lowest in Palm Beach County. Rfty units have been set aside as affordable housing for people meeting certain income guidelines. Applicants' income cannot exceed 120 percent of Palm Beach County's median household income relative to family size; for a family of four, that would be $96,880. Designed around a natural park- like setting, the Preserve's town- houses and villas range from 1,070 to 1,590 square feet (sI9 to 148 sq m) in two- and three-bedroom models, each with its own garage. Project amenities include a decora- tive entry into a gated community, a clubhouse, a pool, and a tot lot. While the lifestyle is upscale, the price is budget sensitive. "Working with people-focused developers like the Cornerstone Group enables us to bring something truly unique to aspiring homeowners in the area," observes Lisa Bright, executive director of the Boynton Beach CRA. "The Preserve really rep- resents a new standard in affordable housing that provides a living envi- ronment as good as or better than many higher-end developments." Last year, the CRA's partnership with the Comerstone Group opened the door to homeownership for single mother Faith Dickens and her daughter-the first beneficiaries of the affordable housing subsidy at the Preserve. Dickens, who shared a spare bedroom with her daughter at her parents' house for six years after her fiance passed away, had searched in vain for a home she could afford. Now, Dickens and her daughter have a pool and a gym along with their three-bedroom townhouse, as well as the feeling of comfort that comes with living in a gated community. "It seemed like the day would never get here," Dickens says. "Sometimes I just walk into my place and it brings tears to my eyes." Since Dickens's breakthrough, 30 new homeowners have used CRA funds to buy their homes at the community, and an additional source of financial aid has helped create even more affordable hous- ing. In October 2007, the Comerstone Fifty units of the Preserve, a luxury townhouse and villa community being built in Boynton Beach, Rorida. are being set aside as affordable housing for people meeting certain income guidelines. Group was awarded $5 million in funds by the Rorida Housing Rnance Corporation through CWHIP. CWHIP funds are awarded on a competitive basis to public/private entities seek- ing to build affordable housing. "In today's challenging housing market, middle-income workers like teachers, police officers, and nurses are often frozen out of homeowner- ship opportunities that offer an outstanding quality of life for them and their families," says Bright. "The Preserve project shows what is possible when developers and local leaders work together to find solutions to critical issues like the affordable housing shortage." MARGEE ADELSPERGER is marketing and communications director for the Boynton Beach Community Redevelopment Agency. SEPTEMBER 2008 URBAN LAND 41 ';r..':~>~~~"}W~~~",~ ~ ""~,,.:~f'",~:" ',,,"';' , ... -~ 1Il1~<tY~T2~1c RA III East Side-West Side-Seaside Renaissance eRA BOARD MEETING OF: December9,2008 I Consent Agenda Old Business New Business Public Hearing I x I Other SUBJECT: Holiday Boat Parade - Saturday, December 12, 2008 SUMMARY: . Saturday, December 12,2008 Boynton Beach presents the "Holiday Boat Parade" . Parade starts at 6:30 pm and runs South from the Boynton Inlet to the C-15 canal South of Delray Beach . Public viewing all along parade route and at the Boynton Harbor Marina . Food and drinks available for purchase . Parking is available at the Bank of America and Financial Plaza parking lots . To enter your boat in the parade call Rob Larson at 735-7955 FISCAL IMPACT: This is a budgeted CRA event RECOMMENDATIONS: N/A Kathy Bisc Iti Special Events Director T:\AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS\Completed Agenda Item Request Forms by Meeting\FY 2008 - 2009 Board Meetings\l1 12-9-2008 Meeting\BOA T PARADE 2008 - Agenda Item. doc Join the Fun and Festivities as Boynton Beach and Delray Beach Present the Annual Holiday Boat Parade ""'The parade begins at the Boynton Beach Inlet and proceeds South to the C-15 canal south of Delray Beach"'" ""'Friday, December 12th, 2008 starting at 6:30 pm"'" ""'Viewing area at the Boynton Harbor Marina next to the Two Georges Waterfront Grille"'" ""'Enjoy Food, Drinks & Live Music"'" "'" Bring your donations of new unwrapped toys for "Toys for Tots" "'" "'" Pets are not permitted"'" ""'To enter your boat call Rob Larson at 735-7955"'" ""'For Event Information call 742-6246"'" "'2;i"- BIJII '~~~ ~ II~X~~~l~~ ~H~~cii~~:~M~f:C~ .. ~. ~ "'" I. . "",1' f I"L '~t" t,1 CThcl'ai'm~~ .1 Pa""Beadtl'ost.com ~ ~~~~~-._~ BOYNTON BEACH' DELRAY BEACH HOUDAY BOAT PARADE ~~~qY~Te~ICRA Ii East Side""West Side-Seaside Renaissance For more information or to secure your high-profile event Sponsorship call Kathy Biscuiti at 561-737-32561 Ext 212 www.boyntonbeachcra.com Boynton and Delray Beach come together every year ill celebration of the holiday season. The Holiday Boat Parade showcases more than 60, brightly-decorated boats as they motor down the Intracoastal Waterway to Delra) Beach. The Festivities begin at 6:30 p.m. with viewing area's located throughout the Boynton Harbor Marina. Before the evening parade families and friends come out to enjoy live music, food and drinks. This year we are pleased to be partnering with Toys for Tots and hope to help families experience the ioy of the Holiday Season. · Commercial airing on WPTVINBC, local Channel 5, the number one rated TV station in the entire state of Florida, reaches over 854,000 viewers a day · Ads in The Palm Beach Post reaching an audience of 182,596 · Flyers distributed throughout the eRA district shops, restaurants, recreation centers, the Chamber of Commerce, The Library, Schoolhouse Children's Museum, and City buildings · Boynton Beach CRA, City and Chamber web site promotions reaching thousands of businesses and residents ~!I~qY~Te~ C III East Side-West Side-Seas'lde Renaissance eRA BOARD MEETING OF: December9,2008 x I Consent Agenda I Old Business I I 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 Novembe 30, 2008. FISCAL IMPACT: None CRA PLAN, PROGRAM OR PROJECT: N/A RECOMMENDATIONS: Approve November financials. ~~ Susan Harris Finance Director T:\AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS\Completed Agenda Item Request Forms by Meeting\FY 2008 - 2009 Board Meetings\ 11 12-9-2008 Meeting\Financial Report.doc -01-2008 10:08 AM -GENERAL FUND NANCIAL SUMMARY VENUE SUMMARY T. 1. F . INCOME MARINA RENT & GRANT INC MARKETING INCOME FESTIVALS & EVENT INCOME INVESTMENT INCOME CONTRIBUTIONS & DONATION MISCELLANEOUS OTHER FINANCING SOURCES 'TAL REVENUES :PENDlTURE SUMMARY LEGISLATIVE ADMINISTRATIVE AUDITOR FINANCE INSURANCES PROFESSIONAL SERVICES PLANNING BUILDINGS & PROPERTY MARINA COMMUNICATIONS & TECHNOLO SOFTWARE & TECHNOLOGY CONTINGENCY POLICE TRANSPORTATION INCENTIVES & GRANTS MARKETING SPECIAL EVENTS SIGNAGE PROGRAM HEART OF BOYNTON DEVELOPMENT PROJECTS EMPLOYEE BEBEFITS DEBT SERVICE TRANSFER OUT 'TAL EXPENDITURES VENUES OVER/(UNDER) EXPENDITURES BOYNTON BEACH CRA REVENUE & EXPENDITURES REPORT (UNAUDITED) AS OF: NOVEMBER 30TH, 2008 ORIGINAL BUDGET .,:''( :J,OO .,. :lDOg 9,500,000 1,453,200 o 10,000 300,000 o o o 11,263,200 AMENDED BUDGET ,::. Y Og- of 8,300,000 1,287,500 o 15,000 50,000 o o 3,400,000 13,052,500 MONTHLY ACTIVITY 0.00 11,295.28 0.00 0.00 0.00 0.00 0.00 0.00 11,295.28 YEAR-TO-DATE BALANCE 0.00 65,576.67 2,475.00 1,000.00 672.98 0.00 13.20 0.00 69,737.85 TOTAL ENCUMBERED 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 UNENCUMBERED BALANCE 8,300,000.00 1,221,923.33 2,475.00) 14,000.00 49,327.02 0.00 13 .20) 3,400,000.00 ------------ ------------ ------------- ------------- ------------- ------------ ------------ ------------- ------------- -------~----- 0.00 12,982,762.15 57,400 264,046 26,200 168,280 105,375 560,120 717,395 506,090 1,410,000 60,740 40,000 274,000 573,853 521,000 425,000 292,905 451,715 85,000 o i,453,114 204,979 j, 065,988 o lj,263,200 16,900 211,942 o 151,415 115,470 485,000 209,880 496,210 1.287,500 62,120 o 314,493 o o o 140,566 95,087 o o o 227,917 3.066,581 , 6,171,4],2 13,052,500 o 0.00 7,209.94 0.00 5,010.00 0.00 14,654.39 7,292.81 58,762.89 44,576.34 2,908.28 0.00 0.00 0.00 0.00 0.00 3,771.40 3,202.38 0.00 0.00 0.00 1,893.47 200.00) 0.00 14".081.90 137,786.62) " 87.57 21,449.78 0.00 15,805.23 81,680.04 24,544.39 22,290.20 66,161. 90 81,969.69 7,574.23 0.00 0.00 0.00 0.00 0.00 10,946.18 9,865.88 0.00 0.00 0.00 15,505.56 0.00 0.00 357,880.65 288,]'12.80) 0.00 0.00 0.00 0.00 0.00 3,750.00 0.00 40,475.00 0.00 4,099.90 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0,00 0.00 0.00 48. ,24 90 48,324.90i 16,812.43 190,492.22 0.00 135,609.77 33,789.96 456,705.61 187,589.80 389,573.10 1.205,530.31 50,445.87 0.00 314,493.00 0.00 0.00 0.00 129,619.82 85,221.12 0.00 0.00 0.00 212,411.44 3,066,581.00 6 172,_419.00 ,646,294.45 336,467,70 PAGE: 1 % OF BUDGET REMAINING 100.00 94.91 0.00 93.33 98.65 0.00 0.00 100.00 99.47 99.48 89.88 0.00 89.56 29.26 94.17 89.38 78.51 93.63 81.21 0.00 100.00 0.00 0.00 0.00 92.21 89.62 0.00 0.00 0.00 93.20 100.00 LOO.OO ]6.89 ".00 .2-01-2008 10: 0 Jl -GENERAL FUND mVENUES r. 1. F . INCOME 01-41000 T.I.F. COLLECTIONS TOTAL T.I.F.INCOME 1AIUNA RENT & GRANT INC 01-42100 TROLLY -FEDERAL & MPO GRANTS 01-42110 MARINA - COUNTY GRANT 01-42112 MORTGAGE REIMB. - COUNTY GRAN 01-42115 MARINA RENTS 01-42116 MISCELLANEOUS RENTS FRO PROPE 01-42117 MARINA FUEL SALES 01-42118 MARINA MISC INCOME 01-42120 MANGROVE LAND PURCHASE TOTAL MARINA RENT & GRANT INC ~KETING INCOME 01-43100 TROLLY MARKETING INCOME TOTAL MARKETING INCOME ~ESTIVALS & EVENT INCOME 01-44100 FESTIVAL & EVENT INCOME 01-44101 SHARED FESTIVAL INCOME-PIRATE 01-44102 SHARED FESTIVAL INC- MEDIEVAL 01-44103 SHARED FESTIVAL INC - HERITAG 01-44104 SHARED FESTIVAL INC-HOLIDAY F TOTAL FESTIVALS & EVENT INCOME INVESTMENT INCOME 01-46100 INTEREST INCOME TOTAL INVESTMENT INCOME :ONTRIBUTIONS & DONATION 01-47100 CONTRIBUTIONS & DONATIONS TOTAL CONTRIBUTIONS & DONATION I1ISCELLANEOUS 01-48100 MISCELLANEOUS INCOME 01-48200 REFUND FROM PRIOR YEAR EXP TOTAL MISCELLANEOUS BOYNTON BEACH cr REVENUE & EXPENDITURES REPOR ~AUDITED) AS OF: NOVEMBER 30TH, 2008 ORIGINAL ~UDGET 07-0"i 9,500,000 9,500,000 o o o 125,000 7,200 1,320,000 1,000 o 1,453,200 10,000 o o o o 10,000 300,000 300,000 AMENDED BUDGET F" 01- oC; . 8,300,000.0 8,300,000 0.0 0.0 0.0 80,000.0 7,200.0 1,200,000.0 300.0 0.0 1,287,500 o o 15,000.0 0.0 0.0 0.0 0.0 15,000 50,000.0 50,000 o o 0.0 o o o o 0.0 0.0 o MONTHLY ACTIVITY 0.00 0.00 0.00 0.00 0.00 0.00 0.00 11,295.28 0.00 0.00 11,295.28 0.0 o 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 YEAR-TO-DATE BALANCE 0.00 0.00 0.00 0.00 0.00 0.00 600.00 64,976.67 0.00 0.00 65,576.67 2,475.00 2,475.00 1,000.00 0.00 0.00 0.00 0.00 1,000.00 672.98 672.98 0.00 0.00 13 .20 0.00 13 .20 TOTAL ENCUMBERED 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 UNENCUMBERED BALANCE 8,300,000.00 8,300,000.00 0.00 0.00 0.00 80,000.00 6,600.00 1,135,023.33 300.00 0.00 1,221,923.33 2,475.00) 2,475.00) 14,000.00 0.00 0.00 0.00 0.00 14,000.00 49,327.02 49,327.02 0.00 0.00 13 .20) 0.00 13 .20) PAGE: 2 % OF BUDGET REMAINING 100.00 100.00 0.00 0.00 0.00 100.00 91.67 94.59 100.00 0.00 94.91 0.00 0.00 93.33 0.00 0.00 0.00 0.00 93.33 98.65 98.65 0.00 0.00 0.00 0.00 0.00 11-2008 10:08 AM - GENERAL FUND ;:NUES ;:R FINANCING SOURCES -49100 OTHER FINANCING SOURCES TOTAL OTHER FINANCING SOURCES I\.L REVENUES ORIGINAL BUDGET Fy D1'Oi o _._~--- o 11,263,200 BOYNTON BEACH CRA REVENUE & EXPENDITURES REPORT (UNAUDITED) AS OF: NOVEMBER 30TH, 2008 AMENDED BUDGET PYOf.-(;CJ 3,400,000.0 3,400,000 13,052,500 MONTHLY ACTIVITY 0.00 -- 0.00 11,295.28 YEAR-TO-DATE BALANCE TOTAL ENCUMBERED PAGE: 3 % OF UNENCUMBERED BUDGET BALANCE REMAINING 0.00 0.00 3,400,000.00 100.00 3,400,000.00 100.00 0.00 -- 0.00 69,737.85 0.00 12,982,762.15 99.47 ------------ ------------ ------------- ------------- ------------- ------------- ------- ------------ ------------ ------------- ------------- ------ ----- ------------- ------- L2-01-200B 10:C BOYNTON BEACH C. REVENUE & EXPENDITURES REPOR. AAUDITED) AS OF: NOVEMBER 30TH, 2008 PAGE: 4 11 -GENERAL FUND ~EGISLATIVE )EPARTMENTAL EXPENDITURES ORIGINAL BUDGET FyD1,o1 AMENDED BUDGET "-'1 01~O'i MONTHLY ACTIVITY YEAR-TO-DATE BALANCE TOTAL ENCUMBERED % OF UNENCUMBERED BUDGET BALANCE REMAINING ?URCHASED/CONTRACT SERV 01-51010-200 CONTRACTUAL EXPENSE 10,000 7,500 0.00 0.00 0.00 7,500.00 100.00 01-51010-203 MISCELLANEOUS 13,000 0 0.00 0.00 0.00 0.00 0.00 01-51010-216 ADVERTISING & PUBLIC NOTI 2,700 2,700 0.00 53.03 0.00 2,646.97 98.04 01-51010-225 ASSOC. MEETINGS & SEMINAR 27,500 2,500 0.00 0.00 0.00 2,500.00 100.00 01-51010-227 DELIVERY SERVICES 3,600 3,600 0.00 0.00 0.00 3,600.00 100.00 TOTAL PURCHASED/CONTRACT SERV 56,800 16,300 0.00 53.03 0.00 16,246.97 99.67 3UPPLIES 01-51010-300 OFFICE EXPENSE 600 0 0.00 0.00 0.00 0.00 0.00 01-51010-310 OFFICE SUPPLIES 0 600 0.00 34.54 0.00 565.46 94.24 TOTAL SUPPLIES 600 600 0.00 34.54 0.00 565.46 94.24 TOTAL LEGISLATIVE 57,400 16,900 0.00 87.57 0.00 16,812.43 99.48 01-2008 10:08 AM - GENERAL FUND INISTRATIVE ARTMENTAL EXPENDITURES .sONNEL SERVICES -51230-100 PERSONNEL SERVICES .-51230-115 CAR ALLOWANCE TOTAL PERSONNEL SERVICES ~CHASED / CONTRACT SERV .-51230-200 CONTRACTUAL EXPENSE .-51230-203 MISCELLANEOUS .-51230-220 PROMO & BUSINESS TRAVEL .-51230-225 ASSOC. MEETINGS & SEMINAR _-51230-226 MEMBERSHIP DUES _-51230-227 DELIVERY SERVICES L-51230-229 CAREER DEVELOPMENT TOTAL PURCHASED/CONTRACT SERV ?PLIES l-51230-310 OFFICE SUPPLIES L-51230-315 POSTAGE L-51230-355 SUBSCRIPTIONS 1-51230-360 BOOKS & PUBLICATIONS 1-51230-365 OFFICE PRINTING COSTS TOTAL SUPPLIES ?ITAL EXPENDITURES 1-51230-400 EQUIPMENT COSTS TOTAL CAPITAL EXPENDITURES ?RECIATION & AMORT L-51230-610 DEPRECIATION TOTAL DEPRECIATION & AMORT TOTAL ADMINISTRATIVE BOYNTON BEACH CRA REVENUE & EXPENDITURES REPORT (UNAUDITED) AS OF: NOVEMBER 30TH, 2008 ORIGINAL BUDGET 1Y07#o~ 215,396 4,030 219,426 o 2,000 o 14,190 5,030 3,000 -~ 26,720 8,500 2,000 1,650 750 o -- -~- 12,900 _.2,.000 5,000 264.046 AMENDED BUDGET pya "8~oq 176,917 5,400 182.317 o o o 3,750 6,675 3,000 o 13,425 8,500 2,000 200 500 o 11,200 __')_L.Q.QQ 5,000 o o 211. 942 MONTHLY ACTIVITY 6,924.69 208.00 7,132.69 0.00 0.00 0.00 0.00 0.00 0.00 0.00 ---- 0.00 0.00 ( 77.25 0.00 0.00 0.00 77.25 0.00 0.00 o o 0.00 ---~---- o 00 7.209.94 YEAR-TO-DATE BALANCE 20,774.07 624.00 21,398.07 0.00 0.00 0.00 0.00 980.00) 80.94 0.00 899.06) 0.38) 144.43 0.00 56.72 0.00 200.77 750.00 750.00 0.00 0.00 21,449.78 TOTAL ENCUMBERED 0.00 0.00 - _.._-------~. 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 n.oo 0.00 UNENCUMBERED BALANCE 156,142.93 4,776.00 160,918.93 0.00 0.00 0.00 3,750.00 7,655.00 2,919.06 0.00 14,324.06 8.500.38 1,855.57 200.00 443.28 0.00 -----~ 10,999.23 ...'I.. 250 . 00 4,250.00 0.00 -- 0.00 190,492.22 PAGE: 5 %- OF BUDGET REMAINING 88.26 88.44 88.26 0.00 0.00 0.00 100.00 114.68 97.30 0.00 106.70 100.00 92.78 100.00 88.66 0.00 98.21 85.00 -----.- 85.00 0.00 ._-~- 0.00 89.88 12-01-2008 10: 01 -GENERAL FUND AUDITOR DEPARTMENTAL EXPENDITURES BOYNTON BEACH REVENUE & EXPENDITURES REPOl lNAUDITED) AS OF: NOVEMBER 30TH, 2008 PAGE: 6 % OF ORIGINAL AMENDED MONTHLY YEAR-TO-DATE TOTAL UNENCUMBERED BUDGET BUDGET BUDGET ACTIVITY BALANCE ENCUMBERED BALANCE REMAINING FV D7~OO f7\/0'8-09 26,000 0 0.00 0.00 0.00 0.00 0.00 200 0 0.00 0.00 0.00 0.00 0.00 26,200 0 0.00 0.00 0.00 0.00 0.00 26,200 0 0.00 0.00 0.00 0.00 0.00 PURCHASED/CONTRACT SERV 01-51320-202 AUDITORS FEES 01-51320-227 DELIVERY SERVICES TOTAL PURCHASED/CONTRACT SERV TOTAL AUDITOR 11-2008 10:08 AM -GENERAL FUND \NCE ~TMENTAL EXPENDITURES SONNEL SERVICES -51325-100 PERSONNEL SERVICES -51325-115 CAR ALLOWENCE TOTAL PERSONNEL SERVICES CHASED/CONTRACT SERV -51325-200 CONTRACTUAL EXPENSE -51325-201 BANK FEES -51325-203 MISCELLANEOUS -51325-225 ASSOC. MEETINGS & SEMINAR -51325-226 MEMBERSHIP DUES -51325-227 DELIVERY COSTS -51325-229 CAREER DEVELOPMENT TOTAL PURCHASED/CONTRACT SERV 'PLIES .-51325-310 OFFICE SUPPLIES .-51325-355 SUBSCRIPTIONS .-51325-360 BOOKS & PUBLICATIONS .-51325-365 OFFICE PRINTING COSTS TOTAL SUPPLIES 'ITAL EXPENDITURES .-51325-400 EQUIPMENT COSTS TOTAL CAPITAL EXPENDITURES 'RECIATION & AMORT .-51325-610 DEPRECIATION TOTAL DEPRECIATION & AMORT TOTAL FINANCE BOYNTON BEACH CRA REVENUE & EXPENDITURES REPORT (UNAUDITED) AS OF: NOVEMBER 30TH, 2008 ORIGINAL BUDGET PY 0 7' 0 '6 140,400 o 140,400 5,280 3,600 o 8,000 900 1,500 3,000 22,280 4,500 o 100 ~ S,600 168,280 AMENDED BUDGET FY06-0'1 130,260 o ---- 130,260 2,280 3,000 o 5,750 725 1,000 .-~ 15,755 4,500 o 500 400 5,400 o o o o 151.415 MONTHLY ACTIVITY 5,010.00 0.00 5,010.00 0_00 0.00 0.00 0.00 0.00 0.00 0.00 -- 0.00 0.00 0.00 0.00 0.00 0.00 o o 0.00 0.00 o 0.00 0.00 o 5,010.00 YEAR-TO-DATE BALANCE 15,030.00 0.00 _._-~--- 15,030.00 436.96 249.67 0.00 88.60 0.00 0.00 0.00 775.23 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 15,805.2, TOTAL ENCUMBERED 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 UNENCUMBERED BALANCE 115,230.00 0.00 115,230.00 1,843.04 2,750.33 0.00 5,661.40 725.00 1,000.00 3,000.00 14,979.77 4,500.00 0.00 500.00 400.00 ------~ 5,400.00 0.00 0.00 0.00 0.00 135.609.7'; PAGE: 7 % OF BUDGET REMAINING 88.46 0.00 88.46 80.84 91.68 0.00 98.46 100.00 100.00 100.00 95.08 100.00 0.00 100.00 100.00 100.00 0.00 -'- 0.00 0.00 0.00 39.56 2-01-2008 10:0f BOYNTON BEACH CR- REVENUE & EXPENDITURES REPOR1 AUDITED) AS OF: NOVEMBER 30TH, ~008 PAGE: 8 1 -GENERAL FUND NSURANCES EPARTMENTAL EXPENDITURES ORIGINAL BUDGET F\/ 07'01 AMENDED BUDGET FY 01- 0'1 MONTHLY ACTIVITY YEAR-TO-DATE BALANCE TOTAL ENCUMBERED % OF UNENCUMBERED BUDGET BALANCE REMAINING URCHASED/CONTRACT SERV 01-51410-200 CONTRACTUAL EXPENSE 26,090 28,916 0.00 15,355.50 0.00 13,560.50 46.90 01-51410-213 GENERAL PROPERTY COVERAGE 70,050 76,394 0.00 60,293.73 0.00 16,100.27 21. 08 01-51410-214 EMPLOYEE FIDELITY COVERAG 1,500 1,650 0.00 990.81 0.00 659.19 39.95 01-51410-215 DIRECTORS & OFFICERS COVE 7,735 8,510 0.00 5,040.00 0.00 3,470.00 40.78 TOTAL PURCHASED/CONTRACT SERV 105,375 115,470 0.00 81,680.04 0.00 33,789.96 29.26 TOTAL INSURANCES 105,375 115,470 0.00 81,680.04 0.00 33,789.96 29.26 )1-2008 10:08 AM BOYNTON BEACH CRA REVENUE & EXPENDITURES REPORT (UNAUDITED) AS OF: NOVEMBER 30TH, 2008 PAGE: 9 - GENERAL FUND 'ESSIONAL SERVICES ORIGINAL BUDGET FY o7.oi AMENDED BUDGET ~'"/ 0 ,-(YJ MONTHLY ACTIVITY YEAR-TO-DATE BALANCE TOTAL ENCUMBERED % OF UNENCUMBERED BUDGET BALANCE REMAINING ~TMENTAL EXPENDITURES :HASED/CONTRACT SERV -51420-200 CONTRACTUAL EXPENSE 110,000 276,000 11,150.96 20,990.96 3,750.00 251,259.04 91.04 -51420-201 CONTRACT LEGAL 350,000 200,000 0.00 0.00 0.00 200,000.00 100.00 -51420-203 LOBBYING COSTS- FED & STA 90,000 0 0.00 0.00 0.00 0.00 0.00 -51420-204 CITY STAFF COSTS 10,120 9,000 3,503.43 3,553.43 0.00 5,446.57 60.52 -51420-227 CONTRACT LEGAL DELIVERY S 0 0 0.00 0.00 0.00 0.00 0.00 TOTAL PURCHASED/CONTRACT SERV 560,120 485,000 14,654.39 24,544.39 3,750.00 456,705.61 94.17 ~---- TOTAL PROFESSIONAL SERVICES 560,120 485,000 14,654.39 24,544.39 3,750.00 456,705.61 94.17 .2-01-2008 10: 0 BOYNTON BEACH CF PAGE: 10 REVENUE & EXPENDITURES REPOR'. ,AUDITED) AS OF: NOVEMBER 30TH, 2008 11 -GENERAL FUND 'LANNING % OF ORIGINAL AMENDED MONTHLY YEAR-TO-DATE TOTAL UNENCUMBERED BUDGET lEPARTMENTAL EXPENDITURES BUDGET BUDGET ACTIVITY BALANCE ENCUMBERED BALANCE REMAINING rr 0 7~Ot P'I o"s -09 'ERSONNEL SERVICES 01-51440-100 PERSONNEL SERVICES 177,120 184,205 7,084.81 21,254.43 0.00 162,950.57 88.46 01-51440-115 CAR ALLOWANCE 2,600 5,400 208.00 624.00 0.00 4,776.00 88.44 TOTAL PERSONNEL SERVICES 179,720 189,605 7,292.81 21,878.43 0.00 167,726.57 88.46 'URCHASED/ CONTRACT SERV 01-51440-200 CONTRACTUAL EXPENSE 522,500 0 0.00 0.00 0.00 0.00 0.00 01-51440-203 MISCELLANEOUS 0 0 0.00 0.00 0.00 0.00 0.00 01-51440-216 ADVERTISING & PUBLIC NOTI 0 0 0.00 0.00 0.00 0.00 0.00 01-51440-225 ASSOC. MEETINGS & SEMINAR 6,000 11,000 0.00 546.50) 0.00 11,546.50 104.97 01-51440-226 MEMBERSHIP DUES 1,225 825 0.00 0.00 0.00 825.00 100.00 01-51440-227 DELIVERY SERVICES 2,000 1,000 0.00 55.27 0.00 944.73 94.47 01-51440-229 CAREER DEVELOPMENT 0 2,500 0.00 900.00 0.00 1,600.00 64.00 TOTAL PURCHASED/CONTRACT SERV 531,725 15,325 0.00 408.77 0.00 14,916.23 97.33 ;UPPLIES 01-51440-310 OFFICE SUPPLIES 3,500 3,500 0.00 0.00 0.00 3,500.00 100.00 01-51440-355 SUBSCRIPTIONS 150 150 0.00 0.00 0.00 150.00 100.00 01-51440-360 BOOKS & PUBLICATIONS 300 300 0.00 0.00 0.00 300.00 100.00 01-51440-365 OFFICE PRINTING COSTS 2,000 1,000 0.00 3.00 0.00 997.00 99.70 TOTAL SUPPLIES 5,950 4,950 0.00 3.00 0.00 4,947.00 99.94 ~APITAL EXPENDITURES 01-51440-400 EQUIPMENT COSTS 0 0 0.00 0.00 0.00 0.00 0.00 TOTAL CAPITAL EXPENDITURES 0 0 0.00 0.00 0.00 0.00 0.00 )EPRECIATION & AMORT 01-51440-610 DEPRECIATION 0 0 0.00 0.00 0.00 0.00 0.00 TOTAL DEPRECIATION & AMORT 0 0 0.00 0.00 0.00 0.00 0.00 TOTAL PLANNING 717,395 209,880 7,292.81 22,290.20 0.00 187,589.80 89.38 )1-2008 10:08 AM BOYNTON BEACH CRA REVENUE & EXPENDITURES REPORT (UNAUDITED) AS OF: NOVEMBER 30TH, 2008 PAGE: 11 - GENERAL FUND LDINGS & PROPERTY ARTMENTAL EXPENDITURES ORIGINAL BUDGET ry 07~0'8 AMENDED BUDGET FYo<t-~_ _ MONTHLY ACTIVITY YEAR-TO-DATE BALANCE TOTAL ENCUMBERED %- OF UNENCUMBERED BUDGET BALANCE REMAINING CHASED/CONTRACT SERV -51620-200 CONTRACTUAL EXPENSE 2,700 2,700 0.00 121. 35 0.00 2,578.65 95.51 -51620-201 PROPERTY TAXES 0 160,000 46,911.32 50,551. 00 0.00 109,449.00 68.41 -51620-205 RENTAL OF OFFICES 50,760 50,760 3,525.00 7,525.00 40,475.00 2,760.00 5.44 -51620-206 MAINTENENCE & CLEANING 8,280 12,880 1,115.00 1,115.00 0.00 11,765.00 91.34 -51620-207 OFFICE SPACE CHARGES 10,000 0 0.00 0.00 0.00 0.00 0.00 -51620-208 EQUIPMENT LEASES 16,000 25,000 1,351.00 2,155.50 0.00 22,844.50 91. 38 -51620-209 PROPERTY MAINTENENCE COST 312,850 216,370 5,546.92 2,941.65 0.00 213,428.35 98.64 -51620-224 SIGNAGE 0 10,000 0.00 0.00 0.00 10,000.00 100.00 .-51620-228 BUILDING & DEMOLITION FEE 87,500 0 0.00 0.00 0.00 0.00 0.00 TOTAL PURCHASED/CONTRACT SERV 488,090 477,710 58,449.24 64,409.50 40,475.00 372,825.50 78.04 'PLIES .-51620-315 POSTAGE COSTS 0 0 0.00 0.00 0.00 0.00 0.00 .-51620-325 ELECTRICITY COSTS 10,000 12,500 0.00 1,438.75 0.00 11,061.25 88.49 .-51620-326 WATER CHARGES 8,000 ~ 313.65 313.65 0.00 5,686.35 94.77 TOTAL SUPPLIES 18,000 18,500 313.65 1,752.40 0.00 16,747.60 90.53 'ITAL EXPENDITURES l-51620-400 EQUIPMENT COSTS ..Q 0 0.00 0.00 0.00 0.00 0.00 ------ TOTAL CAPITAL EXPENDITURES 0 (; 0.00 0.00 0.00 0.00 0.00 'RECIATION & AMORT l-51620-600 DEPREACTION EXPENSE 0 0 0.00 0.00 0.00 0.00 0.00 TOTAL DEPRECIATION & AMORT 0 0 0.00 0.00 ---..---- 0.00 0.00 0.00 -~._..._---_._._---,._-~ ---',-- -----.- - TOTAL BUILDINGS & PROPERTY 506,090 496,210 58,762.89 "6.161. 90 40 475.00 389,'073.10 78.51 .2-01-2008 10:0 J 1 - GENERAL FUND IARINA JEPARTMENTAL EXPENDITURES 'URCHASED/ CONTRACT SERV 01-51630-200 CONTRACTUAL 01-51630-206 MAINTENANCE 01-51630-209 PROPERTY MAINTENENCE 01-51630-241 MARINA FUEL MANAGEMENT 01-51630-242 MARINE FUEL STATION OVERH TOTAL PURCHASED/CONTRACT SERV lUPPLIES 01-51630-325 ELECTRIC COSTS 01-51630-326 WATER COSTS 01-51630-327 GASOLINE & DEISEL FUEL PU 01-51630-328 MARINA DIESEL SALES TAX TOTAL SUPPLIES :APITAL EXPENDITURES 01-51630-400 EQUIPMENT COSTS TOTAL CAPITAL EXPENDITURES TOTAL MARINA ORIGINAL BUDGET r 'I (.)7, 0"'8 775 o 49,125 125,000 40,900 215,800 20,000 3,000 1,140,000 19,200 1,182,200 12,000 12,000 1,410,000 BOYNTON BEACH cr REVENUE & EXPENDITURES REPOR~ ,AUDITED) AS OF: NOVEMBER 30TH, 2008 AMENDED BUDGET P'IO"O$ 500 o 35,000 148,000 50,000 233,500 20,000 1,800 1,008,000 19,200 1,049,000 5,000 5,000 1,287,500 MONTHLY ACTIVITY 450.00 0.00 750.00 12,333.00 743.96 14,276.96 676.74 219.32 29,403.32 0.00 30,299.38 0.00 0.00 44,576.34 YEAR-TO-DATE BALANCE 450.00 0.00 1,525.00 24,666.00 3,198.52 29,839.52 676.74 219.32 50,348.61 885.50 52,130.17 0.00 0.00 81,969.69 TOTAL ENCUMBERED 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 PAGE: 12 % OF UNENCUMBERED BUDGET BALANCE REMAINING 50.00 0.00 33,475.00 123,334.00 46,801.48 203,660.48 19,323.26 1,580.68 957,651.39 18,314.50 996,869.83 5,000.00 5,000.00 1,205,530.31 10.00 0.00 95.64 83.33 93.60 87.22 96.62 87.82 95.01 95.39 95.03 100.00 100.00 93.63 01-2008 10:08 AM BOYNTON BEACH CRA REVENUE & EXPENDITURES REPORT (UNAUDITED) AS OF: NOVEMBER 30TH, 2008 PAGE: 13 -GENERAL FUND MUNICATIONS & TECHNOLO ARTMENTAL EXPENDITURES ORIGINAL BUDGET P't (j 7~6i AMENDED BUDGET ry a'f-07 MONTHLY ACTIVITY YEAR-TO-DATE BALANCE TOTAL ENCUMBERED % OF UNENCUMBERED BUDGET BALANCE REMAINING CHASED/CONTRACT SERV -51650-200 CONTRACTUAL EXPENSE 1,500 5,500 0.00 0.00 0.00 5,500.00 100.00 -51650-210 CITY IT SUPPORT 0 20,000 0.00 4,500.00 0.00 15,500.00 77.50 -51650-212 FINANCIAL SOFTWARE MAINTE 0 6,500 0.00 0.00 0.00 6,500.00 100.00 TOTAL PURCHASED/CONTRACT SERV -"--~ --- 1,500 32,000 0.00 4,500.00 0.00 27,500.00 85.94 'PLIES ,-51650-330 TELEPHONE LINES 7,800 12,200 1,822.54 1,988.49 0.00 10,211.51 83.70 _-51650-335 '1'-1 COMMUNICATION LINE 0 0 0.00 0.00 0.00 0.00 0.00 .-51650-340 CELLULAR PHONES 7,440 7,920 1,085.74 1,085.74 4,099.90 2,734.36 34.52 _-51650-345 WEB SITE 0 0 0.00 0.00 0.00 0.00 0.00 _-51650-350 WI-FI ANNUAL COST 44,000 0 0.00 0.00 0.00 0.00 0.00 TOTAL SUPPLIES 59,240 20,120 2,908.28 3,074.23 4,099.90 12,945.87 64.34 )ITAL EXPENDITURES [-51650-400 EQUIPMENT COSTS 0 10,000 0.00 0.00 0.00 10,000.00 100.00 ~~~- TOTAL CAPITAL EXPENDITURES 0 10,000 0.00 0.00 0.00 10,000.00 100.00 -.--- .--~--- TOTAL COMMUNICATIONS & TECHNOLO 60,740 62,120 2,908.28 (/574.23 4,099.90 50,445.87 81.21 .2- 01-2008 10: 0 BOYNTON BEACH cr PAGE: 14 REVENUE & EXPENDITURES REPOR IAUDITED) AS OF: NOVEMBER 30TH, ..W08 11 -GENERAL FUND :OFTWARE & TECHNOLOGY % OF ORIGINAL AMENDED MONTHLY YEAR-TO-DATE TOTAL UNENCUMBERED BUDGET IEPARTMENTAL EXPENDITURES BUDGET BUDGET ACTIVITY BALANCE ENCUMBERED BALANCE REMAINING 1'1 0 7~O" ;:;y 0 3,09 'URCHASED/ CONTRACT SERV 01-51680-200 CONTRACTUAL EXPENSE 2,500 0 0.00 0.00 0.00 0.00 0.00 01-51680-210 IT SUPPORT 25,000 0 0.00 0.00 0.00 0.00 0.00 01-51680-211 COMPUTER SOFTWARE LICENSE 1,000 0 0.00 0.00 0.00 0.00 0.00 01-51680-212 ACCOUNTING LIC & SUPPORT 6,500 0 0.00 0.00 0.00 0.00 0.00 TOTAL PURCHASED/CONTRACT SERV 35,000 0 0.00 0.00 0.00 0.00 0.00 :APITAL EXPENDITURES 01-51680-400 EQUIPMENT COSTS 5,000 0 0.00 0.00 0.00 0.00 0.00 TOTAL CAPITAL EXPENDITURES 5,000 0 0.00 0.00 0.00 0.00 0.00 lEPRECIATION & AMORT 01-51680-610 DEPRECIATION 0 0 0.00 0.00 0.00 0.00 0.00 TOTAL DEPRECIATION & AMORT 0 0 0.00 0.00 0.00 0.00 0.00 TOTAL SOFTWARE & TECHNOLOGY 40,000 0 0.00 0.00 0.00 0.00 0.00 )1-2008 10:08 AM -GENERAL FUND TINGENCY ~TMENTAL EXPENDITURES :HASED/CONTRACT SERV -51990-200 CONTRACTUAL EXPENSE TOTAL PURCHASED/CONTRACT SERV TOTAL CONTINGENCY ORIGINAL BUDGET F t (:) 7- oi 274,000 274,000 274,000 0.00 0.00 0.00 314,493.00 100.00 ~~~.._~ 0.00 0.00 0.00 314,493.00 100.00 ------..---- ----...- --_._~~.- 0.00 0.00 0.00 314,493.00 100.00 BOYNTON BEACH CRA REVENUE & EXPENDITURES REPORT (UNAUDITED) AS OF: NOVEMBER 30TH, 2008 AMENDED MONTHLY BUDGET ACTIVITY PI 0 g-69 YEAR-TO-DATE BALANCE TOTAL ENCUMBERED 314,493 314,493 314,493 PAGE: 15 '); OF UNENCUMBERED BUDGET BALANCE REMAINING 2-01-2008 10:0 BOYNTON BEACH cr PAGE: 16 REVENUE & EXPENDITURES REPOR~ ,AUDITED) AS OF: NOVEMBER 30TH, 2008 11 -GENERAL FUND 'OLICE % OF ORIGINAL AMENDED MONTHLY YEAR-TO-DATE TOTAL UNENCUMBERED BUDGET IEPARTMENTAL EXPENDITURES BUDGET BUDGET ACTIVITY BALANCE ENCUMBERED BALANCE REMAINING PYa").-fJt P'I (Jf-~ 'ERSONNEL SERVICES 01-53120-100 PERSONNEL SERVICES 0 0 0.00 0.00 0.00 0.00 0.00 TOTAL PERSONNEL SERVICES 0 0 0.00 0.00 0.00 0.00 0.00 'URCHASED/ CONTRACT SERV 01-53120-200 CONTRACTUAL EXPENSE 388,794 0 0.00 0.00 0.00 0.00 0.00 TOTAL PURCHASED/CONTRACT SERV 388,794 0 0.00 0.00 0.00 0.00 0.00 lUPPLIES 01-53120-320 POLICE SUPPLIES 0 0 0.00 0.00 0.00 0.00 0.00 TOTAL SUPPLIES 0 0 0.00 0.00 0.00 0.00 0.00 :APITAL EXPENDITURES 01-53120-400 EQUIPMENT COSTS 45,445 0 0.00 0.00 0.00 0.00 0.00 01-53120-410 POLICE CRUISER 139,614 0 0.00 0.00 0.00 0.00 0.00 TOTAL CAPITAL EXPENDITURES 185,059 0 0.00 0.00 0.00 0.00 0.00 JEPRECIATION & AMORT 01-53120-610 DEPRECIATION 0 0 0.00 0.00 0.00 0.00 0.00 TOTAL DEPRECIATION & AMORT 0 0 0.00 0.00 0.00 0.00 0.00 TOTAL POLICE 573,853 0 0.00 0.00 0.00 0.00 0.00 11-2008 10: 08 AM .GENERAL FUND JSPORTATION iRTMENTAL EXPENDITURES cHASED/CONTRACT SERV -55110-200 CONTRACTUAL EXPENSE -55110-230 TROLLEY OPERATIONS -55110-231 TROLLEY MARKETING COSTS -55110-232 TROLLEY SYSTEMS COSTS TOTAL PURCHASED/CONTRACT SERV ORIGINAL BUDGET ;;;~I o7-0tJ o 514,800 1,200 5,000 521,000 BOYNTON BEACH CRA REVENUE & EXPENDITURES REPORT (UNAUDITED) AS OF: NOVEMBER 30TH, 2008 PAGE: 17 % OF AMENDED MONTHLY YEAR-TO-DATE TOTAL UNENCUMBERED BUDGET BUDGET ACTIVITY BALANCE ENCUMBERED BALANCE REMAINING ~ 'I aHYi ----..- ---- -~- 0 0.00 0.00 0.00 0.00 0.00 0 0.00 0.00 0.00 0.00 0.00 0 0.00 0.00 0.00 0.00 0.00 0 0.00 0.00 0.00 0.00 0.00 ~--'- 0 0.00 0.00 0.00 0.00 0.00 0 0.00 0.00 0.00 0.00 0.00 TOTAL TRANSPORTATION 521,000 12-01-2008 10:0 BOYNTON BEACH C' REVENUE & EXPENDITURES REPOR ~AUDITED) AS OF: NOVEMBER 30TH, 2008 PAGE: 18 01 -GENERAL FUND INCENTIVES & GRANTS DEPARTMENTAL EXPENDITURES ORIGINAL BUDGET j';V o7-(X8 . AMENDED MONTHLY BUDGET ACTIVITY Pyd't- 09 YEAR-TO-DATE BALANCE TOTAL ENCUMBERED % OF UNENCUMBERED BUDGET BALANCE REMAINING PURCHASED/CONTRACT SERV 01-57200-200 CONTRACTUAL EXPENSE 0 0 0.00 0.00 0.00 0.00 0.00 01-57200-236 PBC - DEVELOP. REGIONS GR 50,000 0 0.00 0.00 0.00 0.00 0.00 01-57200-237 RESIDENTIAL IMPROVEMENT P 300,000 0 0.00 0.00 0.00 0.00 0.00 01-57200-238 COMMERCIAL IMPROVEMENT PR 75,000 0 0.00 0.00 0.00 0.00 0.00 01-57200-239 ECONOMIC DEVELOPMENT PROG 0 0 0.00 0.00 0.00 0.00 0.00 01-57200-240 DIRECT INCENTIVE PROGRAM 0 0 0.00 0.00 0.00 0.00 0.00 01-57200-241 COMMUNITY SUPPORT GRANTS 0 0 0.00 0.00 0.00 0.00 0.00 TOTAL PURCHASED/CONTRACT SERV 425,000 0 0.00 0.00 0.00 0.00 0.00 TOTAL INCENTIVES & GRANTS 425,000 0 0.00 0.00 0.00 0.00 0.00 1-2008 10:08 AM GENERAL FUND :ETING illTMENTAL EXPENDITURES ;ONNEL SERVICES .57400-100 PERSONNEL SERVICES POTAL PERSONNEL SERVICES cHASED/CONTRACT SERV -57400-200 CONTRACTUAL EXPENSE -57400-203 MISCELLANEOUS -57400-216 ADVERTISING & PUBLIC NOTI -57400-217 NEWS LETTER -57400-218 ANNUAL REPORT & BROCHURES -57400-219 FESTIVALS & EVENTS -57400-221 CRA MEETINGS & EVENTS -57400-225 ASSOC. MEETINGS & SEMINAR -57400-226 MEMBERSHIP DUES -57400-227 DELIVERY SERVICES -57400-229 CAREER DEVELOPMENT -57400-236 PHOTOGRAPHY / VIDEOS TOTAL PURCHASED/CONTRACT SERV PLIES -57400-310 OFFICE SUPPLIES 57400-355 SUBSCRIPTIONS -57400-360 BOOKS & PUBLICATIONS -57400-365 OFFICE PRINTING COSTS TOTAL SUPPLIES RECIATION & AMORT -57400-610 DEPRECIATION TOTAL DEPRECIATION & AMORT TOTAL MARKETING BOYNTON BEACH CRA REVENUE & EXPENDITURES REPORT (UNAUDITED) AS OF: NOVEMBER 30TH, 2008 ORIGINAL BUDGET fy 07-0"8 82,080 82,080 55,200 o 46,695 14,000 48,000 16,980 o 9,500 1,150 1,400 o 9,000 201,925 3,500 o 400 5,000 8,900 292,905 AMENDED BUDGET PI olJ- ()tt 86,632 86,632 8,500 o 2,000 o 10,000 o o 2,000 1,334 2,500 o 10,000 36,334 7,500 1,100 100 8,2QQ 17,600 o o 140,566 MONTHLY ACTIVITY 3,332.00 3,332.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 162.70 0.00 276.69 0.00 0.00 ( 439.39 0.01 0.00 0.00 0.00 O. OJ o o 0.00 0.00 1.771.40 YEAR-TO-DATE BALANCE 9,996.00 9,996.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 162.70 0.00 245.08 0.00 175.00) 232.78 39.09 0.00 0.00 678.31 717.40 0.00 ---....-...----.- 0.00 10,946.18 PAGE: 19 TOTAL ENCUMBERED '0 OF UNENCUMBERED BUDGET BALANCE REMAINING 0.00 --- _._~ 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 76,636.00 76,636.00 8,500.00 0.00 2,000.00 0.00 10,000.00 0.00 0.00 1.837.30 1,334.00 2.254.92 0.00 10,175.00 36,101.22 7,460.91 1,100.00 100.00 8,221.69 16,882.60 129,619.82 88.46 -~ 88.46 100.00 0.00 100.00 0.00 100.00 0.00 0.00 91. 87 100.00 90.20 0.00 101.75 _.._~ 99.36 99.48 100.00 100.00 92.38 -- 95.92 0.00 0.00 0.00 0.00 92.21 2-01-2008 10:0 BOYNTON BEACH CF PAGE: 20 REVENUE & EXPENDITURES REPOR', .AUDITED) AS OF: NOVEMBER 30TH, 2008 1 -GENERAL FUND PECIAL EVENTS %- OF ORIGINAL AMENDED MONTHLY YEAR-TO-DATE TOTAL UNENCUMBERED BUDGET 'EPARTMENTAL EXPENDITURES BUDGET BUDGET ACTIVITY BALANCE ENCUMBERED BALANCE REMAINING Fy tJ 7-o"i Py 01-07 'ERSONNEL SERVICES 01-57500-100 PERSONNEL SERVICES 78,840 83,262 3,202.38 9,607.14 0.00 73,654.86 88.46 TOTAL PERSONNEL SERVICES 78,840 83,262 3,202.38 9,607.14 0.00 73,654.86 88.46 'URCHASED/ CONTRACT SERV 01-57500-216 ADVERTISING & PUBLIC NOTI 0 0 0.00 0.00 0.00 0.00 0.00 01-57500-219 FESTIVALS & EVENTS 352,000 0 0.00 0.00 0.00 0.00 0.00 01-57500-220 PROMO & BUSINESS TRAVEL 0 0 0.00 0.00 0.00 0.00 0.00 01-57500-222 BUSINESS PROGRAMING 0 0 0.00 0.00 0.00 0.00 0.00 01-57500-223 BUSINESS GENESIS 0 0 0.00 0.00 0.00 0.00 0.00 01-57500-225 ASSOC. MEETINGS & SEMINAR 9,500 2,500 0.00 194.75 0.00 2,305.25 92.21 01-57500-226 MEMBERSHIP DUES 1,325 325 0.00 0.00 0.00 325.00 100.00 01-57500-227 DELIVERY SERVICES 500 0 0.00 0.00 0.00 0.00 0.00 TOTAL PURCHASED/CONTRACT SERV 363,325 2,825 0.00 194.75 0.00 2,630.25 93.11 :UPPLIES 01-57500-300 OFFICE EXPENSE 0 0 0.00 0.00 0.00 0.00 0.00 01-57500-310 OFFICE SUPPLIES 3,500 3,500 0.00 63.99 0.00 3,436.01 98.17 01-57500-355 SUBSCRIPTIONS 250 250 0.00 0.00 0.00 250.00 100.00 01-57500-360 BOOKS & PUBLICATIONS 300 250 0.00 0.00 0.00 250.00 100.00 01-57500-365 OFFICE PRINTING COSTS 500 0 0.00 0.00 0.00 0.00 0.00 TOTAL SUPPLIES 4,550 4,000 0.00 63.99 0.00 3, 936.01 98.40 :APITAL EXPENDITURES 01-57500-400 EQUIPMENT COSTS 5,000 5,000 0.00 0.00 0.00 5,000.00 100.00 TOTAL CAPITAL EXPENDITURES 5,000 5,000 0.00 0.00 0.00 5,000.00 100.00 JEPRECIATION & AMORT 01-57500-610 DEPRECIATION 0 0 0.00 0.00 0.00 0.00 0.00 TOTAL DEPRECIATION & AMORT 0 0 0.00 0.00 0.00 0.00 0.00 TOTAL SPECIAL EVENTS 451,715 95,087 3,202.38 9,865.88 0.00 85,221.12 89.62 -01-2008 10:08 AM BOYNTON BEACH CRA REVENUE & EXPENDITURES REPORT (UNAUDITED) AS OF: NOVEMBER 30TH, 2008 PAGE: 21 - GENERAL FUND GNAGE PROGRAM PARTMENTAL EXPENDITURES ORIGINAL BUDGET Pv o7,&g , AMENDED BUDGET a .t:y fJ'3-0 I MONTHLY ACTIVITY YEAR-TO-DATE BALANCE TOTAL ENCUMBERED % OF UNENCUMBERED BUDGET BALANCE REMAINING RCHASED/CONTRACT SERV 1-58000-200 CONTRACTUAL EXPENSE 0 0 0.00 0.00 0.00 0.00 0.00 1-58000-224 SIGN CONSTRUCTION 85,000 0 0.00 0.00 0.00 0.00 0.00 TOTAL PURCHASED/CONTRACT SERV 85,000 ---.- -- ~--- -- 0 0.00 0.00 0.00 0.00 0.00 --- TOTAL SIGNAGE PROGRAM 85,000 0 0.00 0.00 0.00 0.00 0.00 2-01-2008 10:01 1 -GENERAL FUND :EART OF BOYNTON 'EPARTMENTAL EXPENDITURES 'URCHASED/ CONTRACT SERV 01-58200-235 SAVAGE CREATURES TOTAL PURCHASED/CONTRACT SERV BOYNTON BEACH CF REVENUE & EXPENDITURES REPOR~ ,AUDITED) AS OF: NOVEMBER 30TH, 2008 PAGE: 22 % OF ORIGINAL AMENDED MONTHLY YEAR-TO-DATE TOTAL UNENCUMBERED BUDGET BUDGET BUDGET Y ACTIVITY BALANCE ENCUMBERED BALANCE REMAINING Py 0 ?-6i' PyOf~O 0 0 0.00 0.00 0.00 0.00 0.00 0 0 0.00 0.00 0.00 0.00 0.00 0 0 0.00 0.00 0.00 0.00 0.00 TOTAL HEART OF BOYNTON -01-2008 10:08 AM - GENERAL FUND VELOPMENT PROJECTS ;PARTMENTAL EXPENDITURES ~CHASED/CONTRACT SERV 11-58300-200 CONTRACTUAL EXPENSE 11-58300-201 PROPERTY TAXES TOTAL PURCHASED/CONTRACT SERV ITERFUND/INTERDEPTMENTL )1-58300-500 GAIN/LOSS OF SALE OF PROP TOTAL INTERFUND/INTERDEPTMENTL BOYNTON BEACH eRA REVENUE & EXPENDITURES REPORT (UNAUDITED) AS OF: NOVEMBER 30TH, 2008 PAGE: 23 % OF ORIGINAL AMENDED MONTHLY YEAR-TO-DATE TOTAL UNENCUMBERED BUDGET BUDGET BUDGET ACTIVITY BALANCE ENCUMBERED BALANCE REMAINING Y"'J 0 7- (;'8__ PI () t-09 _.,---- _.._."~~---- I . 1,103,114 0 0.00 0.00 0.00 0.00 0.00 ~ooo 0 0.00 0.00 0.00 0.00 0.00 1,453,114 0 0.00 0.00 0.00 0.00 0.00 0 0 0.00 0.00 0.00 0.00 0.00 --.--- 0 0 0.00 0.00 0.00 0.00 0.00 1,453,114 0 0.00 0.00 0.00 0.00 0.00 TOTAL DEVELOPMENT PROJECTS 2-01-2008 10:0r BOYNTON BEACH CP PAGE: 24 REVENUE & EXPENDITURES REPOR1 AUDITED) AS OF: NOVEMBER 30TH, 2008 1 -GENERAL FUND MPLOYEE BEBEFITS % OF ORIGINAL AMENDED MONTHLY YEAR-TO-DATE TOTAL UNENCUMBERED BUDGET 'EPARTMENTAL EXPENDITURES BUDGET BUDGET 0'1 ACTIVITY BALANCE ENCUMBERED BALANCE REMAINING AY (j 7--0'1 ~,()3- I 'ERSONNEL SERVICES 01-59000-150 COMPENSATED TIME OFF 0 0 0.00 0.00 0.00 0.00 0.00 01-59000-151 F.I.C.A. 43,379 43,345 1,474.22 4,585.49 0.00 38,759.51 89.42 01-59000-152 MEDICARE 10,145 9,830 419.25 1,256.01 0.00 8,573.99 87.22 01-59000-153 RETIREMENT PLAN 401(a) 76,927 74,512 0.00 250.00 0.00 74,262.00 99.66 01-59000-154 WORKERS COMP INSURANCE 7,063 6,356 0.00 0.00 0.00 6,356.00 100.00 01-59000-155 HEALTH INSURANCE 51,965 53,856 0.00 8,750.68 0.00 45,105.32 83.75 01-59000-156 DENTAL INSURANCE 3,955 3,698 0.00 563.54 0.00 3,134.46 84.76 01-59000-157 LIFE INSURANCE 2,580 2,614 0.00 0.00 0.00 2,614.00 100.00 01-59000-158 SHORT / LONG TERM DISABIL 3,392 3,112 0.00 0.00 0.00 3,112.00 100.00 01-59000-159 UNEMPLOYMENT CHARGES 5,000 5,000 0.00 0.00 0.00 5,000.00 100.00 01-59000-160 VISION INSURANCE 573 594 0.00 99.84 0.00 494.16 83.19 01-59000-161 COMPENSATED ABSENSES 0 25,000 0.00 0.00 0.00 25,000.00 100.00 TOTAL PERSONNEL SERVICES 204,979 227,917 1,893.47 15,505.56 0.00 212,411.44 93.20 TOTAL EMPLOYEE BEBEFITS 204,979 227,917 1,893.47 15,505.56 0.00 212,411.44 93.20 -01-2008 10:08 AM -GENERAL FUND :BT SERVICE ;PARTMENTAL EXPENDITURES :BT SERVICE 11-59800-810 LOAN PRINCIPAL 11-59800-811 BOND #1 PRINCIPAL 11-59800-812 BOND #2 PRINCIPAL )1-59800-820 LOAN INTEREST )1-59800-821 BOND #1 INTEREST )1-59800-822 BOND #2 INTEREST 11-59800-823 LOAN INTEREST-TRG 11-59800-830 FINANCIAL AGENT FEES 11-59800-840 BONDING INSURANCE COSTS TOTAL DEBT SERVICE rHER FINANCING USES )1-59800-990 TRANS OUT TO DEBT SERVICE TOTAL OTHER FINANCING USES TOTAL DEBT SERVICE ORIGINAL BUDGET ('" () "]- 0 i' . I 664,588 615,000 245,000 192,953 771,612 576,335 o 500 o 3,065,988 3,065.988 BOYNTON BEACH CRA REVENUE & EXPENDITURES REPORT (UNAUDITED) AS OF: NOVEMBER 30TH, 2008 AMENDED BUDGET Py ~K-07 o o o o o o o o o _._~..- o ( o o 3,066,581 3,066,581 3.066.581 ( MONTHLY ACTIVITY 0.00 0.00 0.00 0.00 0.00 0.00 0.00 200.00) 0.00 200.00) 0.00 0.00 200.001 YEAR-TO-DATE BALANCE 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 --~_..._~- 0.00 0.00 0.00 0.00 TOTAL ENCUMBERED 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 PAGE: 25 %- OF UNENCUMBERED BUDGET BALANCE REMAINING 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 3,066,581.00 0.00 3,066,581.00 0.00 3,066.581.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 100.00 100.00 100.00 12-01-2008 10:' BOYNTON BEACH (" REVENUE & EXPENDITURES REPOI NAUDITED) AS OF: NOVEMBER 30Th, 2008 PAGE: 26 01 -GENERAL FUND TRANSFER our TOTAL TRANSFER our % OF ORIGINAL AMENDED MONTHLY YEAR-TO-DATE TOTAL UNENCUMBERED BUDGET r'l BUDGET BUDGET ACTIVITY BALANCE ENCUMBERED BALANCE REMAINING 07-0'/ F1 llif-D$' 0 6,171,419 0.00 0.00 0.00 6,171,419.00 100.00 0 6,171,419 0.00 0.00 0.00 6,171,419.00 100.00 0 6,171,419 0.00 0.00 0.00 6,171,419.00 100.00 11,263,200 13,052,500 149,081.90 357,880.65 48,324.90 12,646,294.45 96.89 ------------ ------------ ------------- ------------- ------------- ------------- ------- ------------ ------------ ------------- ------------- ------------- ------------- ------- 0 0 137,786.62} ( 288,142.80) ( 48,324.90) 336,467.70 0.00 DEPARTMENTAL EXPENDITURES OTHER FINANCING USES 01-59999-990 INTERFUND TRANSFERS our TOTAL OTHER FINANCING USES TOTAL EXPENDITURES REVENUES OVER/(UNDER) EXPENDITURES '1-2008 10: 08 AM PROJECTS FUND illCIAL SUMMARY mUE SUMMARY <VESTMENT INCOME [SCELLANEOUS rHER FINANCING SOURCES 'I.L REVENUES ;:NDITURE SUMMARY JND #2 ISSUE COST PERATING EXPENSES A.PITAL OUTLAY FFORDABLE HOUSING CONOMIC DEVELOPMENT ROJECTS AND PROGRAMS RANSFER OUT - ASSET TRA AL EXPENDITURES ENUES OVER/(UNDERl EXPENDITURES BOYNTON BEACH CRA REVENUE & EXPENDITURES REPORT (UNAUDITED) AS OF: NOVEMBER 30TH, 2008 PAGE: 1 ORIGINAL BUDGET 11.; D'7'oi AMENDED BUDGET ?y o1;Cfi % OF BUDGET REMAINING MONTHLY ACTIVITY YEAR-TO-DATE BALANCE TOTAL ENCUMBERED UNENCUMBERED BALANCE 30, 000 0 0.00 0.00 O. 00 O. 00 0.00 3, 500, 000 300, 000 0.00 0.00 0.00 300, 000.00 100. 00 1,000,--000 __6~~l, 419 o. 00 O. 00 O. 00 6, 671,419. 00 100.00 _u_ ,----------.---,.- ---~ - 4, 530, 000 6, 971,419 0.00 o. 00 o. 00 6, 971,419. 00 100. 00 ------------ ------------ ------------- ----~-------- ------------- ------------- ------- ------------ -----~------ ------------- ~------------ ------------- ------------- ------- 0 0 0.00 0.00 0.00 0.00 0.00 0 465,000 0.00 0.00 0.00 465,000.00 100.00 0 4,091,279 0.00 0.00 0.00 4,091,279.00 100.00 4,530,000 860,000 0.00 18,649.87) 0.00 878,649.87 102.17 0 809,795 55,937.00 106,765.00 0.00 703,030.00 86.82 0 745,345 40,240.00 51,495.30 0.00 693,849.70 93.09 0 0 0.00 0.00 0.00 0.00 0.00 "- ~- 4,530,000 ii,971.419 96,177.00 139,610.43 0.00 6,831,808.57 98.00 -. ,-------~--- -----------.- .-. ,- - ---------- ------------- ------------- ------------- _._----- _.~_._------_.- - -----.. -- "- ----- .---- ..--------.,.--- ----- -----.---- -'-.-. ---~---- ------------- ------- 0 n 96,177.001 I 139,610.43) 0.00 139,610.43 0.00 2-01-2008 10:0 BOYNTON BEACH CF REVENUE & EXPENDITURES REPOR'_ ,AUDITED) AS OF: NOVEMBER 30TH, 2008 PAGE: 2 2 -PROJECTS FUND % OF ORIGINAL AMENDED MONTHLY YEAR-TO-DATE TOTAL UNENCUMBERED BUDGET .EVENUES BUDGET BUDGET ACTIVITY BALANCE ENCUMBERED BALANCE REMAINING Ti, 07- 6'( Fy u8-05' , NVESTMENT INCOME 02-46100 INTEREST INCOME 30,000 0.0 0.00 0.00 0.00 0.00 0.00 02-46150 BOND INTEREST INCOME 0 0.0 0.00 0.00 0.00 0.00 0.00 TOTAL INVESTMENT INCOME 30,000 0 0.00 0.00 0.00 0.00 0.00 IISCELLANEOUS 02-48100 MISCELLANEOUS INCOME 3,500,000 300,000.0 0.00 0.00 0.00 300,000.00 100.00 TOTAL MISCELLANEOUS 3,500,000 300,000 0.00 0.00 0.00 300,000.00 100.00 ITHER FINANCING SOURCES 02-49100 OTHER FINANCING SOURCES 1,000,000 500,000.0 0.00 0.00 0.00 500,000.00 100.00 02-49900 TRANSFERS IN 0 6,171,419.0 0.00 0.00 0.00 6,171,419.00 100.00 TOTAL OTHER FINANCING SOURCES 1,000,000 6,671,419 0.00 0.00 0.00 6,671,419.00 100.00 'OTAL REVENUES 4,530,000 6,971,419 0.00 0.00 0.00 6,971,419.00 100.00 ------------ ------------ ------------- ------------- ------------- ------------- ------- ------------ ------------ ------------- ------------- ------------- ------------- ------- J1-2008 10:08 AM -PROJECTS FUND D #2 ISSUE COST ARTMENTAL EXPENDITURES ITAL EXPENDITURES -55500-474 AMORTIZATION BOND#l ISSUE -55500-476 AMORTIZATION BOND#2 ISSUE TOTAL CAPITAL EXPENDITURES TOTAL BOND #2 ISSUE COST ORIGINAL BUDGET YyU7-03 BOYNTON BEACH CRA REVENUE & EXPENDITURES REPORT (UNAUDITED) AS OF: NOVEMBER 30TH, 2008 AMENDED BUDGET ~ 011-07 o o o o 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 _._.,-~~,~ 0.00 0.00 0.00 0.00 MONTHLY YEAR-TO-DATE TOTAL ACTIVITY BALANCE ENCUMBERED o o o 0.00 0.00 --- --.- - 0.00 o 0.00 PAGE: 3 %- OF UNENCUMBERED BUDGET BALANCE REMAINING 12-01-2008 10:( BOYNTON BEACH (' PAGE: 4 REVENUE & EXPENDITURES REPOl NAUDITED) AS OF: NOVEMBER 3 OTR, 2008 02 -PROJECTS FUND OPERATING EXPENSES % OF ORIGINAL AMENDED MONTHLY YEAR-TO-DATE TOTAL UNENCUMBERED BUDGET DEPARTMENTAL EXPENDITURES BUDGET BUDGET ACTIVITY BALANCE ENCUMBERED BALANCE REMAINING Fy rJ?-D 8 ~ 0'1'C17 PURCHASED/CONTRACT SERV 02-58100-201 BANK FEES 0 0 0.00 0.00 0.00 0.00 0.00 02-58100-202 CONTINGENCY EXPENSE 0 90,000 0.00 0.00 0.00 90,000.00 100.00 02-58100-203 CONTRACTUAL EXPENSE 0 300,000 0.00 0.00 0.00 300,000.00 100.00 02-58100-204 MISCELLANEOUS 0 0 0.00 0.00 0.00 0.00 0.00 02-58100-205 OFFICE SUPPLIES 0 0 0.00 0.00 0.00 0.00 0.00 02-58100-206 PROPERTY MAINTENANCE 0 0 0.00 0.00 0.00 0.00 0.00 02-58100-207 RENT EXPENSE 0 0 0.00 0.00 0.00 0.00 0.00 02-58100-208 REPAIRS 0 0 0.00 0.00 0.00 0.00 0.00 02-58100-209 SIGNAGE 0 0 0.00 0.00 0.00 0.00 0.00 02-58100-210 UTILITIES-ELECTRICITY 0 0 0.00 0.00 0.00 0.00 0.00 02-58100-211 UTILITIES-WATER 0 0 0.00 0.00 0.00 0.00 0.00 02-58100-212 PROPERTY TAXES 0 0 0.00 0.00 0.00 0.00 0.00 02-58100-213 LEGAL FEES 0 75,000 0.00 0.00 0.00 75,000.00 100.00 TOTAL PURCHASED/CONTRACT SERV 0 465,000 0.00 0.00 0.00 465,000.00 100.00 TOTAL OPERATING EXPENSES 0 465,000 0.00 0.00 0.00 465,000.00 100.00 -01-2008 10:08 AM BOYNTON BEACH CRA REVENUE & EXPENDITURES REPORT (UNAUDITED) AS OF: NOVEMBER 30TH, 2008 PAGE: 5 -PROJECTS FUND .PITAL OUTLAY ORIGINAL BUDGET ry ()7~ d 8 AMENDED MONTHLY BUDGET ACTIVITY ryO~-O'} . YEAR-TO-DATE BALANCE TOTAL ENCUMBERED % OF UNENCUMBERED BUDGET BALANCE REMAINING :PARTMENTAL EXPENDITURES ,PITAL EXPENDITURES 12-58200-400 LAND 0 650,000 0.00 0.00 0.00 650,000.00 100.00 )2-58200-401 BUILDINGS 0 0 0.00 0.00 0.00 0.00 0.00 12-58200-402 IMPROVEMENTS 0 0 0.00 0.00 0.00 0.00 0.00 12-58200-403 FURNITURE AND EQUIPMENT 0 0 0.00 0.00 0.00 0.00 0.00 12-58200-404 CONSTRUCTION IN PROGRESS 0 2,000,000 0.00 0.00 0.00 2,000,000.00 100.00 12-58200-405 SITE WORK AND DEMOLITION 0 75,000 0.00 0.00 0.00 75,000.00 100.00 )2-58200-406 INFRASTRUCTURE AND STREET 0 1,366,279 0.00 0.00 0.00 1,366,279.00 100.00 )2-58200-407 OTHER CAPITAL EXPENDITURE 0 0 0.00 0.00 0.00 0.00 0.00 ---- TOTAL CAPITAL EXPENDITURES 0 4,091,279 0.00 0.00 0.00 4,091,279.00 100.00 -- ~-_.- _._-_....__.,-_.~- ~-----~-- TOTAL CAPITAL OUTLAY 0 4,091,279 0.00 0.00 0.00 4,091,279.00 100.00 -01-2008 10:08 AM : - PROJECTS FUND :ONOMIC DEVELOPMENT ,PARTMENTAL EXPENDITURES ,PITAL EXPENDITURES )2-58400-421 FACADE GRANTS )2-58400-440 FACADE GRANTS-COMMERCIAL J2-58400-441 BUSINESS LOANS J2-58400-442 TRANSPORTATION PROGRAM J2-58400-443 DIFA-ECONOMIC DEVELOPMENT J2-58400-444 ECONOMIC DEVELOPMENT GRAN TOTAL CAPITAL EXPENDITURES TOTAL ECONOMIC DEVELOPMENT ORIGINAL BUDGET re.;o 7-00 BOYNTON BEACH eRA REVENUE & EXPENDITURES REPORT (UNAUDITED) AS OF: NOVEMBER 30TH, 2008 AMENDED BUDGET PYO'3-O' o o o o o o o o 75,000 o 734,795 o o 809,795 o 809,795 PAGE: 7 MONTHLY ACTIVITY %- OF UNENCUMBERED BUDGET BALANCE REMAINING YEAR-TO-DATE BALANCE TOTAL ENCUMBERED 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 75,000.00 100.00 0.00 0.00 0.00 0.00 0.00 55,937.00 106,765.00 0.00 628,030.00 85.47 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 55,937.00 106,765.00 0.00 703,030.00 86.82 _.~._~-_. 55,937.00 106,765.00 0.00 703,030.00 86.82 .2-01-2008 10:01 BOYNTON BEACH CP REVENUE & EXPENDITURES REPORl AUDITED) AS OF: NOVEMBER 30TH, 2008 PAGE: 8 '2 -PROJECTS FUND 'ROJECTS AND PROGRAMS IEPARTMENTAL EXPENDITURES ORIGINAL BUDGET FY 07-0t AMENDED MONTHLY BUDGET ACTIVITY rV D'8 -01 YEAR-TO-DATE BALANCE TOTAL ENCUMBERED % OF UNENCUMBERED BUDGET BALANCE REMAINING ~APITAL EXPENDITURES 02-58500-460 COMMUNITY POLICING INNOVA 0 475,345 0.00 0.00 0.00 475,345.00 100.00 02-58500-470 COMMUNITY SUPPORT PROJECT 0 0 0.00 0.00 0.00 0.00 0.00 02-58500-480 COMMUNITY SPECIAL EVENTS 0 270,000 40,240.00 51,495.30 0.00 218,504.70 80.93 TOTAL CAPITAL EXPENDITURES 0 745,345 40,240.00 51,495.30 0.00 693,849.70 93.09 TOTAL PROJECTS AND PROGRAMS 0 745,345 40,240.00 51,495.30 0.00 693,849.70 93.09 )1-2008 10: 08 AM .PROJECTS FUND .SFER OUT - ASSET TRA 'ffiTMENTAL EXPENDITURES ER FINANCING USES -59999-990 TRANSFERS OUT TOTAL OTHER FINANCING USES TOTAL TRANSFER OUT - ASSET TRA AL EXPENDITURES ENUES OVER/(UNDER) EXPENDITURES ORIGINAL BUDGET 0 _____ h 07-tJ I BOYNTON BEACH CRA REVENUE & EXPENDITURES REPORT (UNAUDITED) AS OF: NOVEMBER 30TH, 2008 AMENDED MONTHLY BUDGET ACTIVITY fY () t~ ()C; YEAR-TO-DATE TOTAL BALANCE ENCUMBERED PAGE: 9 % OF UNENCUMBERED BUDGET BALANCE REMAINING 0 0 0.00 0.00 0.00 0.00 0.00 0 0 0.00 0.00 0.00 0.00 0.00 .. - -- -- -- --- -" ---~-~- 0 0 0.00 0.00 0.00 0.00 0.00 4,530,000 98.00 6,971,419 96,177.00 139,610.43 o o 96,177.00)( 139,610.43) 0.00 6,831,808.57 0.00 139,610.43 0.00 12-01-2008 10: 03 -DEBT SERVICE FINANCIAL SUMMARY REVENUE SUMMARY INVESTMENT INCOME OTHER FINANCING SOURCES TOTAL REVENUES EXPENDITURE SUMMARY DEBT SERVICES TRANSFER OUT TOTAL EXPENDITURES REVENUES OVER/(UNDER) EXPENDITURES BOYNTON BEACH ( REVENUE & EXPENDITURES REPOl JNAUDITED) AS OF: NOVEMBER 30TH, 2008 PAGE: 1 ORIGINAL BUDGET FY07-o1 % OF UNENCUMBERED BUDGET BALANCE REMAINING AMENDED BUDGET ry 01.09 MONTHLY ACTIVITY YEAR-TO-DATE BALANCE TOTAL ENCUMBERED 0 0 0.00 3,480.00 0.00 3,480.00) 0.00 0 3, 066,581 0.00 0.00 0.00 3, 066,581.00 100.00 0 3,066,581 0.00 3,480.00 0.00 3, 063, 101.00 99.89 ------------ ------------ ------------- ------------- ------------- ------------- ------- ------------ ------------ ------------- ------------- ------------- ------------- ------- 0 3,066,581 0.00 46,058.59 0.00 3,020,522.41 98.50 0 0 0.00 0.00 0.00 0.00 0.00 0 3,066,581 0.00 46,058.59 0.00 3,020,522.41 98.50 ------------ ------------ ------------- ------------- ------------- ------------- ------- ------------ ------------ ------------- ------------- ------------- ------------- ------- 0 0 0.00 42,578.59) 0.00 42,578.59 0.00 01-2008 10:08 AM -DEBT SERVICE 'ENUES 'ESTMENT INCOME ,-46100 INTEREST INCOME ,-46161 BOND #1 RESERVE INTEREST INCO ,-46162 BOND #2 RESERVE INTEREST INCO TOTAL INVESTMENT INCOME iER FINANCING SOURCES l-49900 TRANSFERS IN TOTAL OTHER FINANCING SOURCES fAL REVENUES ORIGINAL BUDGET Fy o7-oi o --~- o BOYNTON BEACH CRA REVENUE & EXPENDITURES REPORT (UNAUDITED) AS OF: NOVEMBER 30TH, 2008 PAGE: 2 AMENDED MONTHLY YEAR-TO-DATE BUDGET ACTIVITY BALANCE FYOK-~__~____ __ % OF UNENCUMBERED BUDGET BALANCE REMAINING TOTAL ENCUMBERED o o o o 0.0 0.0 0.0 o 0.00 0.00 0.00 0.00 0.00 0.00 3,480.00 0.00 I 3,480.00) 0.00 0.00 0.00 0.00 0.00 0.00 ---~~- --_._---_._._~- 0.00 3,480.00 0.00 3,480.00) 0.00 0.00 0.00 0.00 3,066,581. 00 100.00 0.00 0.00 0.00 3,066,581.00 100.00 0.00 3,480.00 0.00 3,063,101.00 99.89 ------------- ------------- ------------- ------------- ------- ------------- ------------- ------- ------ ------------- ------- 3,066,581.0 3,066,581 o 3,066,581 .2-01-2008 10: 0' BOYNTON BEACH CP PAGE: 3 REVENUE & EXPENDITURES REPOR~ ,AUDITED) AS OF: NOVEMBER 30TH, ..008 )3 -DEBT SERVICE lEBT SERVICES % OF ORIGINAL AMENDED MONTHLY YEAR-TO-DATE TOTAL UNENCUMBERED BUDGET lEPARTMENTAL EXPENDITURES BUDGET BUDGET ACTIVITY BALANCE ENCUMBERED BALANCE REMAINING FV () 7- 08 F'/ tJf-d7 'URCHASED / CONTRACT SERV 03-59800-201 BANK FEES 0 0 0.00 0.00 0.00 0.00 0.00 TOTAL PURCHASED/CONTRACT SERV 0 0 0.00 0.00 0.00 0.00 0.00 lEBT SERVICE 03-59800-810 LOAN PRINCIPAL-BOA 0 196,829 0.00 0.00 0.00 196,829.00 100.00 03-59800-811 BOND #1 PRINCIPAL 0 635,000 0.00 0.00 0.00 635,000.00 100.00 03-59800-812 BOND #2 PRINCIPAL 0 255,000 0.00 0.00 0.00 255,000.00 100.00 03-59800-813 LOAN PRINCIPAL- TRG 0 503,392 0.00 40,996.64 0.00 462,395.36 91. 86 03-59800-820 LOAN INTEREST-BOA 0 108,009 0.00 0.00 0.00 108,009.00 100.00 03-59800-821 BOND #1 INTEREST 0 754,700 0.00 0.00 0.00 754,700.00 100.00 03-59800-822 BOND #2 INTEREST 0 563,840 0.00 0.00 0.00 563,840.00 100.00 03-59800-823 LOAN INTEREST-TRG 0 49,311 0.00 5, 061. 95 0.00 44,249.05 89.73 03-59800-830 FINANCIAL AGENT FEES 0 500 0.00 0.00 0.00 500.00 100.00 03-59800-890 AMORTIZATION OF BOND DISC 0 0 0.00 0.00 0.00 0.00 0.00 TOTAL DEBT SERVICE 0 3,066,581 0.00 46,058.59 0.00 3,020,522.41 98.50 TOTAL DEBT SERVICES 0 3,066,581 0.00 46,058.59 0.00 3,020,522.41 98.50 01-2008 10:08 AM -DEBT SERVICE INS FER OUT 'ARTMENTAL EXPENDITURES iER FINANCING USES 3-59999-990 TRANSFERS OUT TOTAL OTHER FINANCING USES TOTAL TRANSFER OUT TAL EXPENDITURES VENUES OVER/(UNDER) EXPENDITURES ORIGINAL BUDGET FY tJ7-0 8 BOYNTON BEACH CRA REVENUE & EXPENDITURES REPORT (UNAUDITED) AS OF: NOVEMBER 30TH, 2008 AMENDED BUDGET r'/41-o? o o o ~-_._.._-- o o o 3,066,581 o MONTHLY ACTIVITY 0.00 0.00 o 0.00 0.00 o 0.00 ( YEAR-TO-DATE BALANCE TOTAL ENCUMBERED 0.00 0.00 --- -_._------~ 0.00 0.00 0.00 46,058.59 42,578.59) PAGE: 4 % OF UNENCUMBERED BUDGET BALANCE REMAINING 0.00 3,020,522.41 0.00 -_.,,- 0.00 0.00 0.00 0.00 0.00 0.00 0.00 42,578.59 98.50 0.00 I f;:"'" ",\ 1Il~~qY~T2~ eRA iIIi East Side-West Side-Seaside Renaissance eRA BOARD MEETING OF: December9,2008 x I Consent Agenda I Old Business New Business Public Hearing Other SUBJECT: Approval of up to $20,000.00 from the Residential Improvement Grant (RIP) Program for Louis Jean VaIceus and the property located at 103 NE 3rd Avenue SUMMARY: The Residential Improvement Grant Program was implemented in January 2007 as part of the HOB Work Program. The goal of the program is to assist very low, low and moderate income eligible homeowners and landlords in the Heart of Boynton with the rehabilitation and hardening of the exterior of their homes. Eligible rehabilitation items under current program guidelines include roof repair or replacement, exterior painting, hurricane shutters, exterior doors, front yard landscaping and irrigation. To date, the CRA has completed eight grants totaling $154,000.00. The RIP grant application, as submitted and reviewed, meets the income and property eligibility criteria set forth in the approved program guidelines and therefore does not require a wavier of any kind. On November 3, 2008, an invitation to bid was issued to the CRA Board approved list of RIP program contractors. After review of the contractor bid proposals submitted on November 24, 2008, Starmark Properties, Inc. was the contractor selected to perform the program eligible rehabilitation items (see attached) based on the lowest responsible bid criteria. As the cost of the overall bid proposal exceeded the grant limit, repair items #5 & #7 will be eliminated in order to accommodate a contingency fund. FISCAL IMP ACT: $20,000 from the Residential Improvement Grant Program: Project Fund, Line Item 02-58300-474. CRA PLAN, PROGRAM OR PROJECT: Residential Improvement Grant Program RECOMMENDATIONS: Approval of up to $20,000 from the Residential Improvement Grant (RIP) Program for Louis Jean Valceus and the property located at 103 NE 3rd Avenue ~~/(// '- /'?-"C/ ~A-- Michael Simon Development Manager T:\AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS\Completed Agenda Item Request Forms by Meeting\FY 2008 - 2009 Board Meetings\12-9-2008 Meeting\Valceus RIP .doc BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY RESIDENTIAL REHABILITATION SPECIFICATIONS PROPERTY INFORMATION: Pronertv Address: 103 NE 3rd, Avenue. Bovnton Beach Fl. 33435 Contact Person: Louis Jean Vateus Contact Phone: (561) 758 7630 (,!""~ "V Building Description: Number of bedrooms: I 3 I Number of bathrooms: I 2 Property Control Number: 08434521 30 002 0130 i CONTRACTOR BID INFORMATION ~ D --00 Total contractor bid for work requested: $ 20, 090- , '~~' Bid submitted by:S~1ft({jL P{toPifTr..f1e:SSignature: Lke(' JoJ!~ \,) - ~ - 'v The proposed work shall be completed within ~ working days. Client: Address: Boynton Beach Community Redevelopment Date: August 23, 2008 P.O. Box 337,404 NW. 13th, Avenue, Bo nton Beach, FI. 33425 This Rehabilitation Specifications Work Write Up shall be submitted in its entirety, with the permit application. It shall fully disclose the scope of work to be performed, permitted and inspected. Final Pay Application and Project Close-Out: The contractor shall submit to the Boynton Beach Community Redevelopment Agency with the final pay application. 1. Permit, product approvals, signed and sealed engineering recommendations and acceptance, stamped by the building department of jurisdiction. 2. One year warranty on all work in the contract as amended by change orders with the exception of new roof which shall have a 5 year warranty 3. Manufacturer's warranties on all products and appliances installed. Bid Documents: Contractor's bid will be based on to total bid price which shall include to total sum of all bid amounts on all individual specified items. Lead Based Paint: This building contains lead based paint therefore interim controls and safe work practices shall be practiced while performing the scope of work in this single family home rehabilitation project. BoyntonBeachCRA\ Valceus Page 1 of 6 BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY REHABILITATION SPECIFICATIONS Contractors shall provide all labor, material, equipment, and permits required by the building department of jurisdiction to perform the following l line items: Description Qty Bid Amount 1. Sloped Roof. Shingles. Lot $ S-.~~ ~ I' Remove entire sloped roof covering. Replace damaged sheathing, replace / repair damaged rafters and related roof components. Contractors shall include in their bid replacing up to 10% of sheathing and rafter/trusses top chords. Damage in excess of " 10% " of sheathing and rafter/truss top chords shall be addressed in a change order. Replacement sheathing shall be a minimum 19/32" plywood but may be thicker to match existing sheathing. In instances where the sheathing is an exposed ceiling, replacement sheathing shall match existing and may be planks. All roof sheathing/decking nailing shall be brought up to meet the 2004Florida Building Code. Existing fasteners may be used to partially satisfy this requirement and additional nailing shall consist of the required ring shank nails. Install one (1) layer of ASTM 30 lb. felt paper. Then install 40 year rated quality or equal, laminated (dimensional) shingle, self sealing, fungus resistant fiberglass shingles, to meet local building code. Install new ridge vent per shingle manufacturers specifications over all roof ridge. New 3"x 3" metal drip edge (see note below) and flashing shall be installed throughout the entire roof system. The entire new roof system shall conform to building code of jurisdiction. Note 1 Contractor shall replace deteriorated portions of existing 1 "x 2" build-out for the drip edge at the top of fascia. If no 1 "x 2" exists at the top of the fascia, the contractor shall install all new 1 "x 2" primed and painted to match existing fascia color. Note 2: The metal drip edge shall be a minimum 3"x 3". Fastening of the drip edge shall be with nails placed into the sheathing, roof rafter, truss, or sub-fascia. No fasteners shall penetrate into the fascia or 1x2 wood drip edge nailer. Note 3: Owner shall have choice of color. **Note 4. One 36" layer of self adhering modified underlayment shall be placed above flashing in all valleys. BoyntonBeachCRA\ Valceus Page 2 of 6 Description Qty Bid Amount 2. Flat Deck Cap Sheet Roof Lot $ '\ f> eo.' G-~' I .. Remove entire flat deck roof covering. Replace damaged sheathing, repair/replace damaged rafters and related roof components. The contractor shall include in his bid the potential of replacing deteriorated sheathing up to 10% of the roof area. Sheathing damage in excess of 10% and severe rafter damage shall be addressed in a change order Prepare existing roof sheathing and nailing per building code. Replacement sheathing shall be a minimum 19/32" plywood but may be thicker to match existing sheathing. In instances where the sheathing is an exposed ceiling, replacement sheathing shall match existing and may be planks. All roof sheathing/decking nailing shall be brought up to meet the 2004Florida Building Code. Existing fasteners may be used to partially satisfy this requirement and additional nailing shall consist of the required ring shank nails. Plywood sheathing joints shall be covered with a secondary water barrier. Install a 4 ply built up roof system consisting of 75# fiberglass base sheet, 3 plys of hot mopped fiberglass finishing with a hot mopped mineral surfaced modified fiberglass cap sheet. New 3"x 3" metal drip edge (see note below) and flashing shall be installed throughout the entire roof system. The entire new roof system shall conform to building code of jurisdiction. Note 1: Contractor shall replace deteriorated portions of existing 1 "x 2" build-out for the drip edge at the top of fascia. If no 1 "x 2" exists at the top of the fascia, the contractor shall install all new 1 "x 2" primed and painted to match existing fascia color. Note 2: The metal drip edge shall be a minimum 3"x 3". Fastening of the drip edge shall be with nails placed into the sheathing, roof rafter, truss, or sub-fascia. No fasteners shall penetrate into the fascia or 1x2 wood drip edge nailer. 3. Roof System Connection to Structural Walls Lot $ cL t5~Dt :;)~~ I -- Provide positive structural connections between the rafters, roof trusses and structural walls according to the 2004 Florida Building Code. Connections shall include all rafter to rafter and/or truss to truss components into one integral roof system. An engineer's inspection, evaluation, recommendations, and signed and sealed acceptance of the roof system and its connection to structural walls is required and shall be the responsibility of the contractor. Patch or replace affected walls, ceilings, and soffit areas with materials to match existing and paint to match as close as possible the paint color and finishes. BoyntonBeachCRA\ Valceus Page 3 of 6 Description Qty Bid Amount Note 1: Contractor shall submit an original report prepared, sianed. and sealed bv a professional enaineer. The report must contain the three following parts: Part 1: A description of existing conditions based on the engineer's inspection of the roof, and the engineer's evaluation of what was observed. Part 2: The engineer's recommendations to the contractor for the roof connection system. Part 3: The engineer's acceptance of the roof connection system as installed by the contractor after the engineer's final inspection of the roof. Each part of the engineer's report must be labeled and must contain the information required above. Reports that do not comply with these requirements will not be accepted. 4. Aluminum Windows - STC 30/lmpact Rated f.) \()D ALL $ n. LfOO - - I Remove existing windows. Install new aluminum single hung impact resistant windows and aluminum framed screen. The window assembly shall have an STC rating of 30 or greater and satisfy the 2004 Florida Building Code for both impact resistance and pressure requirements. One egress window shall be installed in each sleeping room. Bathroom windows shall have obscure glass. Provide Modifications to openings if necessary to accommodate the new windows. Windows manufacturer shall be PGT WinGuard SH700 or pre-approved equal. Impact Resistant Windows must be Miami-DADE COUNTY CERTIFIED. Replacement windows must fit with minimum perimeter gap between the window frame and the opening. If existing window sills are disturbed, replace with bull nose tile or marble sill(s). All perimeter voids and openings shall be foam sealed per Note 1 and all window concealed frame and exposed frame seams shall be sealed per Note 2(a) or 2(b), as appropriate. When window returns (inside and outside) are completed contractor shall apply a continuous bead of caulking around the window frame/return joint per Note 2(c). Note 1: Contractor shall use a high-density expanding foam sealant around the entire perimeter of the window and inside exposed window frame to seal the window and minimize air/noise infiltration. Note 2: Contractor shall use an acoustical sealant for a) exposed joints, nonsag, paintable, nonstaining latex sealant complying with ASTM C-834. " Note 3: Contractor shall submit Dade County Product approvals for impact resistance Documents shall be stamped by the Building Department of jurisdiction, and submitted with th project's close-out package. Note 4: Contractor shall submit an independent laboratory certification that the windows are rated at STC 30 or greater. BoyntonBeachCRA\ Valceus Page 4 of 6 Description Qty Bid Amount Note 5: Paint and patch affected areas to the average finish of the wall resulting from the removal of existing window(s) and installation of the new windows. Note 6: Color of window frames shall be by the owner ATTENTION: Window openings may be other than conventional size. 5. Re-Install Existing Wall Ale Units y:l) $ II&2DO"~ \..J Ii < Remove existing A/C unit from bedroom windows. Create opening as high as possible in the exterior wall and re-install the A/C unit. Patch exterior with stucco and caulk as necessary for proper seal and water tight installation. Patch interior with drywall to match the average finish of the walls. Provide trim molding for interior. Paint all affected areas to match existing as close as possible. Locations: Exact locations shall be by the owner. Note: Installation, electrical circuitry, and electrical devices for this item shall be included and comply with building code of jurisdiction. 6. Replace Egress Doors 3 I G::, -D-D I Q-() $ < , < Remove the existing door and jamb, prepare a sufficient door buck, and install a hurricane impact resistant rated pre-hung metal clad six (6) panel door. Patch to match interior and exterior walls, install new interior wood casing and exterior wood brick mold. Prepare new door assembly for painting by washing with TSP and a light sanding then apply one (1) coat of acrylic primer/sealer and two (2) coats of acrylic semi-gloss paint to match existing finishes. Door installation shall include keyed entry lockset with lever handle both sides: "Schlagel', Flair F51 and matching deadbolt or approved equal, deadbolt keyed one side to the lockset, peep hole, vinyl bubble weatherstripping, wind crash chain stop, and aluminum threshold. Locations: Front, Back, and East Side Doors Note 1: Door paint color choice shall be bv owner in accordance with deed restrictions. homeowner's association, and buildinc code of iurisdiction. Contractor shall complv with manufacturer recommended time intervals between coats of paint and shall deliver a smooth full paint coverace. Roller and brush marks. runs. crance peels. and other defective paint application shall not be accepted. BoyntonBeachCRA\ Valceus Page 5 of 6 Description Qty Bid Amount Note 2: Touch-up paint affected finishes resulting from the replacement of the door(s). to match existing as close as possible. Inspector shall be responsible for determining if the touch-up paint matches as close as possible. Note 3: Contractor shall submit Impact Resistant Rated Dade County Product approvals, stamped by the Building Department of jurisdiction, with this Project's close-out package. Door assembly shall meet Dade County product approval without using interior slide bolts. ATTENTION: Contractor shall supply engineer's recommendations, if required by the building department, for structural framing at the front door where it meets an adjacent window. 7. Install a 150 Amp Service Lot $ ~ ~OO"~ I Install a new minimum 15QAm.J:Lelectrical service complete with breaker panel box with all circuits labeled and balanced. Replace mast and weatherhead if insufficiently sized. Panel shall be sufficiently sized to accommodate four (4) additional circuits. Install GFCI protection in the kitchen and bathroom(s). Disable non protected electrical outlets in existing light fixture(s) and install one (1) in each bathroom according to code. Disable and place covers on receptacles in light fixtures in the kitchen and bathroom that are not GFCI protected. Note: Repair/restore surfaces affected to match existing finishes. L.J.o &. f tJ--O Total Bid Proposal: $ , U &)0 ,- , BoyntonBeachCRA\ Valceus Page 6 of 6 .{r.. """. ~!I~qY~T2~ eRA . East Side-West Side-Seaside Renaissance eRA BOARD MEETING OF: December9,2008 I x I Consent Agenda I Old Business New Business Public Hearing Other SUBJECT: Approval of up to $9,350 from the Residential Improvement Grant (RIP) Program for Karl Hobschaidt and the property located at 209 SE 1 st Avenue SUMMARY: The Residential Improvement Grant Program was implemented in January 2007 as part of the HOB Work Program. The goal of the program is to assist very low, low and moderate income eligible homeowners and landlords in the Heart of Boynton with the rehabilitation and hardening of the exterior of their homes. Eligible rehabilitation items under current program guidelines include roof repair or replacement, exterior painting, hurricane shutters, exterior doors, front yard landscaping and irrigation. To date, the eRA has completed eight grants totaling $154,000.00. The RIP grant application, as submitted and reviewed, meets the income and property eligibility criteria set forth in the approved program guidelines and therefore does not require a wavier of any kind. On November 3, 2008, an invitation to bid was issued to the CRA Board approved list of RIP program contractors. After review of the contractor bid proposals submitted on November 24,2008, MacDonald Construction Co. was the contractor selected to perform the program eligible rehabilitation items (see attached) based on lowest responsible bid criteria. Ten (10) percent was added to the proposed bid amount in order to accommodate a contingency fund. FISCAL IMP ACT: $9,350 from the Residential Improvement Grant Program: Project Fund, Line Item 02-58300-474. CRA PLAN, PROGRAM OR PROJECT: Residential Improvement Grant Program RECOMMENDATIONS: Approval of up to $9,350 from the Residential Improvement Grant (RIP) Program for Karl Hobschaidt and the property located at 209 SE 1 st Avenue t:l~ h);, / I ael SImon Development Manager T:\AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS\Completed Agenda Item Request Forms by Meeting\FY 2008 - 2009 Board Meetings\12-9-2008 Meeting\Hobschaidt RIP.doc BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY RESIDENTIAL REHABILITATION SPECIFICATIONS PROPERTY INFORMATION: "'___._'._m Property Address: 209 SE 1 st. Avenue, Boynton Beach Fl. 33435 -.--.-. Contact Person: Karl Hobschaidt '" Contact Phone: (561) 3641296 Building Description: Number of bedrooms: I 3 I Number of bathrooms: I 1 ., Property Control Number: 084345 28030090101 ! -I -j CONTRACTOR BID INFORMATION Total contractor bid for work requested: $ OQ /-:~'/7 ~/ /::/f'/"~.____ ~.- -- Signature: J$ :::o---~..,~ ( Bid submitted by:5C:07f \.ft./, MAc-~OAtA-ill j\'\Ac:::>o NA Ov Uv'vIC;;-;- CD The proposed work shall be completed within ~ working days. Client: Address: Boynton Beach Community Redevelopment I Date: I August 23, 2008 P.O. Box 337,404 NW. 13th. Avenue, Boynton Beach, FI. 33425 , _..i This Rehabilitation Specifications Work Write Up shall be submitted in its entirety, with the permit application. It shall fully disclose the scope of work to be performed, permitted and inspected. Final Pay Application and Project Close-Out: The contractor shall submit to the Boynton Beach Redevelopment Agency with the final pay application. 1 . Permit, product approvals, signed and sealed engineering recommendations and acceptance, stamped by the building department of jurisdiction. 2. One year warranty on all work in the contract as amended by change orders with the exception of new roof which shall have a 5 year warranty 3. Manufacturer's warranties on all products and appliances installed. Bid Documents: Contractor's bid will be based on to total bid price which shall include to total sum of all bid amounts on all individual specified items. Lead Based Paint: This building contains lead based paint therefore interim controls and safe work practices shall be practiced while performing the scope of work in this single family home rehabilitation project. BoyntonBeachCRA \Hobschaidt Page 1 of 3 " BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY REHABILlT ATION SPECIFICATIONS Contractors shall provide all labor, material, equipment, and permits required by the building department of jurisdiction to perform the following 4 line items: Description ' Qty Bid 1. Replace, Rewire, and Re-Plumb Irrigation Pump 1 $Z-1-00 , , Replace the irrigation pump with an 230 volt weather resistant 1 112" HP irrigation pump. Re-plumb the well pipe connection and associated piping to accommodate raising the pump 8" above the soil grade. Place and fasten the new irrigation pump to 24"X24" concrete pad. The pump shall have a weather resistant plastic cover to protect the electric motor. Contractor shall install new electrical circuitry in conduit to service a new timer to control the irrigation pump. 2. Supply and Install New Sprinkler System Lot $'2" J {PO Supply and install new irrigation system connecting into the irrigation pump as designed and engineered by a certified irrigation design professional. The system shall include a "4 Zone Indexing Valve", FIMCO Model #9264, or pr-approved equal. Plumbing shall include a back flow preventer device.. The timer to control the irrigation system shall be an Intermatic Auto Sprinkler Timer with a 24 hour, 14 day controller, Model R8806P1 01 C, or pre-approved equal. Sprinkler system shall have minimum 4" plastic pop-up sprinkler heads, TORO 4" Pop Up Sprinkler heads model 570, or pre-approved equal. Include all essential plumbing modifications to existing lines. Note 1: The irrigation system may connect into existing irrigation piping; however, the irrigation system shall be designed to irrigate the front yard only. The front yard shall include grass and planting areas from the street to the wood fences on both east qnd west sides of the house. Note 2: The contractor shall engineer the irrigation system for the homeowner to be able to easily connect into the new irrigation system to irrigate the back yard. BoyntonBeachCRA \Hobschaidt Page 2 of 3 Description Qty Bid Amount 3. Hedges, Two Trees, and Grass Sod Contractor Allowance $ _ 2,500 Prepare soil and plant choice of owners hedges 24" o.c. along the front wall of the house, planter on the southeast corner, and along each side of the serpentine wallway to the street. Prepare soil, plant two (2) trees of owner's choice. After planting the hedges and trees, place "Weedblock Landscape Fabric", or pre- approved equal, in accordance with manufacture's recommendations around the hedge trunks inside of the planting area. Strip the existing ground vegetation from the front yard which shall include areas from the swale to the wood fences on both east and west sides of the house. Level the soil and place Floritan grass sod in the front yard. Note: Contractor shall irrigate the sod with the owner's irrigation system until the project is accepted as being complete. Mowing shall be by the owner. Locations: Front yard as directed by the owners. 4. Replace Garage Door 1 $ 1.~(jO I .. Remove existing garage door and replace with new hurricane impact resistant garage door complete with all structural modifications required, hardware, electric garage opening package including electrical connection if none is existing, and a remote operating device. The garage door system shall satisfy the 2004 Florida Building Code for both impact resistance and pressure requirements. Paint the garage door to match the existing house color. Note 1: Touch-up paint affected finishes resulting from the replacement of the door(s). to match existing as close as possible. Inspector shall be responsible for determining if the touch-up paint matches as close as possible. Note 2: Contractor shall submit Dade County Product approvals, stamped by the Building Department of jurisdiction, with this Project's close-out package. Total Bid Proposal: $ ~o { BoyntonBeachCRA \Hobschaidt Page 3 of 3 ~~~~Y~T2~ eRA . East Side-West Side-Seaside Renaissance eRA BOARD MEETING OF: December9,2008 x I Consent Agenda I Old Business New Business Public Hearing Other SUBJECT: Approval of up to $12,450 from the Residential Improvement Grant (RIP) Program for Cheryl Jackson and the property located at 417 NE 13th Avenue SUMMARY: The Residential Improvement Grant Program was implemented in January 2007 as part of the HOB Work Program. The goal of the program is to assist very low, low and moderate income eligible homeowners and landlords in the Heart of Boynton with the rehabilitation and hardening of the exterior of their homes. Eligible rehabilitation items under current program guidelines include roof repair or replacement, exterior painting, hurricane shutters, exterior doors, front yard landscaping and irrigation. To date, the CRA has completed eight grants totaling $154,000.00. The RIP grant application, as submitted and reviewed, meets the income and property eligibility criteria set forth in the approved program guidelines and therefore does not require a wavier of any kind. On November 3, 2008, an invitation to bid was issued to the CRA Board approved list of RIP program contractors. After review of the contractor bid proposals submitted on November 24, 2008, Ray Graeve & Sons Construction, LLC was the contractor selected to perform the program eligible rehabilitation items (see attached) based on lowest responsible bid criteria. Ten (10) percent was added to the proposed bid amount in order to accommodate a contingency fund. FISCAL IMPACT: $12,450 from the Residential Improvement Grant Program: Project Fund, Line Item 02-58300-474. CRA PLAN, PROGRAM OR PROJECT: Residential Improvement Grant Program RECOMMENDATIONS: Approval of up to $12,450 from the Residential Improvement Grant (RIP) Program for Cheryl Jackson and the property located at 417 NE 13th Avenue <'" _/ ~~' ,/ ~/1-/ ../" G/ , //r ~,~ Michael Simon Development Manager T:\AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS\Completed Agenda Item Request Forms by Meeting\FY 2008 - 2009 Board Meetings\ 12-9-2008 Meeting\Jackson RIP .doc r:~ :,,0: i BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY RESIDENTIAL REHABILITATION SPECIFICATIONS PROPERTY INFORMATION: ..-.--.".".-., Prooertv Address: 417 NE 13th Avenue Bovnton Beach. FI. I -~ Contact Person: Cheryl Jackson , i Contact Phone: (561) 5773723 '._j ~ Building Description: Number of bedrooms: I I Number of bathrooms: I ) Property Control Number: ! 08 43 45 21 21 000 0030 I CONTRACTOR BID INFORMATION Total contractor bid for work requested: $ '~/I & 9lL. 00 I e.y tJ2J9f ue'"t S-%~ Signature: X Bid submitted by: ..,............., - ") . '^;)-, jL^w~ / ' The proposed work shall be completed within ~ working days. Client: Address: Boynton Beach Community Redevelopment I Date: I August 22, 2008 P.O. Box 337,404 NW. 13th. Avenue, Boynton Beach, FI. 33425 This Rehabilitation Specifications Work Write Up shall be submitted in its entirety, with the permit application. It shall fully disclose the scope of work to be performed, permitted and inspected. Final Pay Application and Project Close-Out: The contractor shall submit to the Boynton Beach Community Redevelopment Agency with the final pay application. 1. Permit, product approvals, signed and sealed engineering recommendations and acceptance, stamped by the building department of jurisdiction. 2. One year warranty on all work in the contract as amended by change orders with the exception of new roof which shall have a 5 year warranty 3. Manufacturer's warranties on all products and appliances installed. Bid Documents: Contractor's bid will be based on to total bid price which shall include to total sum of all bid amounts on all individual specified items. Lead Based Paint: This building contains lead based paint therefore interim controls and safe work practices shall be practiced while performing the scope of work in this single family home rehabilitation project. BoyntonBRA\Jackson Cheryl Page 1 of 4 BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY REHABILITATION SPECIFICATIONS Contractors shall provide all labor, material, equipment, and permits required by the building department of jurisdiction to perform the following ~ line items: Description Qty Bid Amount 1. Weather Proof GFI Receptacle 1 $ 11j- Replace existing GFCI receptacle servicing the irrigation timer with a new GFCI receptacle with weather proof cover. Location: East side of the house. 2. Replace Irrigation Timer 1 $ 37:5-- Replace the existing irrigation timer with a 24 hour, 14 day, Intermatic Auto Sprinkler Timer, model T8845PV, or pre-approved equal. 3. Irrigation Control Valve 1 $ 16.5- Replace the irrigation control valve' to match existing pipe size with "4 Zone Indexing Valve" FIMCO model 9254, or pre-approved equal. Plumbing shall include a back flow preventer device. Contractor at his option by replace the workings of the existing indexing valve. 4. Overhaul Irrigation System 1 $ I (). DO Purge, flush, and clear all irrigation piping. Replace all irrigation sprinkler heads. 5. Florltan Grass Sod 01 Lot $ /..qoo Strip the existing ground vegetation from the front yard which shall include areas from the swale to the chain link gate on the east side and the masonry privacy wall on the west side of the front door of the house. Level the soil and place Floritan grass sod in the front yard. Contractor shall be responsible to irrigate with the owner's water and shall keep the sod mowed and edged until the project is completed and closed out. Location: Front yard. BoyntonBRA\Jackson Cheryl Page 2 of 4 Description Qty Bid Amount 6. Replace Front Exterior Egress Door 1 $ 5d~": Remove the existing front door and jamb, prepare a sufficient door buck, and install a hurricane impact resistant rated pre-hung metal clad six (6) panel door. Patch to match interior and exterior walls, install new interior wood casing and exterior wood brick mold. Prepare new door assembly for painting by washing with TSP and a light sanding then apply one (1) coat of acrylic primer/sealer and two (2) coats of acrylic semi-gloss paint to match existing finishes. Door installation shall include keyed entry lockset with lever handle both sides: "Schlage". Flair F51 and matching deadbolt or approved equal, deadbolt keyed one side to the lockset, peep hole, vinyl bubble weatherstripping, wind crash chain stop, and aluminum threshold. Note 1: Touch-up paint affected finishes resulting from the replacement of the door(s). to match existing as close as possible. Note 2: Contractor shall submit Impact Resistant Rated Dade County Product approvals, stamped by the Building Department of jurisdiction. 7. Aluminum Hurricane "FOLDING" Shutters ALL $ LfSoo Install folding (accordion) aluminum hurricane shutters at: a) ALL window openings. b) 1 set sliding glass doors. The hurricane shutter system shall satisfy the 2004 Florida Building Code for both impact resistance and pressure requirements. The aluminum hurricane folding (accordion) shutter system, with stiffeners if required by engineering instructions, shall be permanently affixed to the building per manufacturer's instructions. Shutters shall be completely installed for the rehabilitation inspector's inspection, then removed and stored at a location indicated by the owner. Miscellaneous parts shall be stored in a seal~d container and delivered to the owner at the project close-out. Existing aluminum hurricane shutters and track systems, shall be removed with care and placed in an orderly fashion at a location selected by the owner. Note 1: Contractor shall submit Dade County Product approvals, stamped by the Building Department of jurisdiction, with this Project's close-out package. Note 2: Disturbed finishes resulting from the installation of hurricane shutters shall be patch and touch-up paint shall be applied to match existing finishes as close as possible. Inspector shall be responsible for determining if the touch-up paint matches. BoyntonBRA\Jackson Cheryl Page 3 of 4 Description Qty Bid Amount 8. Replace Garage Door 1 $ 87S Remove existing garage door and replace with new hurricane impact resistant garage door complete with all structural modifications required, hardware, electric garage opening package including electrical connection if none is existing, and a remote operating device. The garage door system shall satisfy the 2004 Florida Building Code for both impact resistance and pressure requirements. Note 1: Touch-up paint affected finishes resulting from the replacement of the door(s). to match existing as close as possible. Note 2: Contractor shall submit Dade County Product approvals, stamped by the Building Department of jurisdiction, with this Project's close-out package. 9. Painting - Exterior Walls and Trim Lot $ cQ!J 7 S- Pressure clean thoroughly with water. Fill all cracks and holes to match average existing finish, and lightly sand ALL WOOD. Contact the assigned rehabilitation inspector and request an inspection (24 hour notice to required) Upon inspector's approval, proceed and apply one (1) coat of acrylic primer/sealer and two (2) coats of acrylic exterior grade paint. Apply masonry grade flat paint on masonry, and semi-gloss wood grade paint on wood siding and wood trim. Primer and paint shall be of the same manufacturer, Sherwin Williams or equal. Include all doors, trim, and shutters. Note #1: Paint color choice shall be by owner in accordance with deed restrictions, homeowner's association, and building code of jurisdiction. Note #2: Masonry surfaces painted with a spray applicator shall be back-rolled to ensure complete coverage. Note #3: Contractor shall comply with manufactu rer recommended time intervals between coats of paint. Note #4: Contractor shall deliver a smooth full paint coverage over the average substrate finish. Roller and brush marks, runs, orange peels, and other defective paint application shall not be accepted. Note #5: All hardware from previous shutter attachments shall be removed and the holes patched with an exterior grade compound. Note#6: The contractor shall take care to clean up and remove paint chips removed while pressure cleaning. Note #7: Masonry surfaces painted with a spray applicator shall be back-rolled to ensure complete coverage. Contractor shall excavate and extend wall painting a minimum of 6" below grade at masonry wall perimeter. BoyntonBRA\Jackson Cheryl /1 aQ^.. c' ('\ Total Bid Proposal: $ -J~~. 1/ ~90.t!>~ I - F='age 4 of 4 .,,~',I~> .'. I,. .'11< ','..... ~' " .''"''t;. .,-" ,"'" ~~~qY~T2~lcRA . East Side-West Side-SeaSide Renaissance eRA BOARD MEETING OF: December9,2008 I x I Consent Agenda I Old Business New Business Public Hearing Other SUBJECT: Approval of up to $20,000 from the Residential Improvement Grant (RIP) Program for Kathleen Capp and the property located at 708 South Road SUMMARY: The Residential Improvement Grant Program was implemented in January 2007 as part of the HOB Work Program. The goal of the program is to assist very low, low and moderate income eligible homeowners and landlords in the Heart of Boynton with the rehabilitation and hardening of the exterior of their homes. Eligible rehabilitation items under current program guidelines include roof repair or replacement, exterior painting, hurricane shutters, exterior doors, front yard landscaping and irrigation. To date, the CRA has completed eight grants totaling $154,000.00. The RIP grant application, as submitted and reviewed, meets the income and property eligibility criteria set forth in the approved program guidelines and therefore does not require a wavier of any kind. On November 3, 2008, an invitation to bid was issued to the CRA Board approved list of RIP program contractors. After review of the contractor bid proposals submitted on November 24, 2008, Starmark Properties, Inc. was the contractor selected to perform the program eligible rehabilitation items (see attached) based on the lowest responsible bid criteria. As the cost of the overall bid proposal exceeded the grant,limit, repair items #2 & #9 will be eliminated in order to accommodate a contingency fund. FISCAL IMPACT: $20,000 from the Residential Improvement Grant Program: Project Fund, Line Item 02-58300-474. CRA PLAN, PROGRAM OR PROJECT: Residential Improvement Grant Program RECOMMENDATIONS: Approval of up to $20,000 from the Residential Improvement Grant (RIP) Program for Kathleen Capp and the property located at 708 South Road W-J{~t1{ ichael Simon Development Manager T:\AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS\Completed Agenda Item Request Forms by Meeting\FY 2008 - 2009 Board Meetings\12-9-2008 Meeting\Capp RIP.doc BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY RESIDENTIAL REHABILITATION SPECIFICATIONS PROPERTY INFORMATION: ._~..-".. Prooertv Address: 708 South Road Bovnton Beach FI. 33435 -~-" Contact Person: Kathleen M. Capp Contact Phone: (561) 735 0675 Building Description: Number of bedrooms: I 3 I Number of bathrooms: I 3 Property Control Number: 08434522070000340 -i f l -~ -1 i --1 J CONTRACTOR BID INFORMATION Total contractor bid for work requested: $ :J..."3; 50-0 .. &C Bid submitted by:5il\-f<.tk\A-KIL- Pfu\f.f~~ lf~nature: X (-J1a4V~ ~\ The proposed work shall be completed within ~ working days. Client: Address: Boynton Beach Community Redevelopment Date: September 19,2008 P.O. Box 337,404 NW. 13th. Avenue, Bo nton Beach, FI. 33425 J This Rehabilitation Specifications Work Write Up shall be submitted in its entirety, with the permit application. It shall fully disclose the scope of work to be performed, permitted and inspected. Final Pay Application and Project Close-Out: The contractor shall submit to the Boynton Beach Community Redevelopment Agency with the final pay application. 1. Permit, product approvals, signed and sealed engineering recommendations and acceptance, stamped by the building department of jurisdiction. 2. One year warranty on all work in the contract as amended by change orders with the exception of new roof which shall have a 5 year warranty 3. Manufacturer's warranties on all products and appliances installed. Bid Documents: Contractor's bid will be based on to total bid price which shall include to total sum of all bid amounts on all individual specified items. Lead Based Paint: This building contains lead based paint therefore interim controls and safe work practices shall be practiced while performing the scope of work in this single family home rehabilitation project. BoyntonBeachCRA Capp Kathleen Page 1 of 6 BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY REHABILITATION SPECIFICATIONS Contractors shall provide all labor, material, equipment, and permits required by the building department of jurisdiction to perform the following -1L. line items: Description Qty Bid Amount 1. Hurricane Impact Resistant Windows ALL $ t it I l}<J{) , ..u~ .- Remove ALL existing windows. Replace windows with hurricane impact resistant single hung windows with aluminum framed screen. Bathrooms shall have obscure glass. One egress window shall be installed in each sleeping room. If existing window sills are disturbed, replace with bull nose tile or marble sill(s). Provide Modifications to openings and electric if necessary to accommodate the new windows. Impact Resistant Windows must be DADE COUNTY CERTIFIED. Note 1: Contractor shall submit Dade County Product approvals, stamped by the Building Department of jurisdiction, with this Project's close-out package. Note 2: Patch affected areas to the average finish of the wall resulting from the removal of existing window(s) and installation of the new windows. Note 3: Color of window frames shall be by the owner 2. Replace Egress Doors 2 $ I 01P,(j f o'~ l Remove the existing door and jamb, prepare a sufficient door buck, and install a hurricane impact resistant rated pre-hung metal clad six (6) panel door. Patch to match interior and exterior walls, install new interior wood casing and exterior wood brick mold. Prepare new door assembly for painting by washing with TSP and a light sanding then apply one (1) coat of acrylic primer/sealer and two (2) coats of acrylic semi-gloss paint to match existing finishes. Door installation shall include keyed entry lockset with lever handle both sides: "Schlage", Flair F51 and matching deadbolt or approved equal, deadbolt keyed one side to the lockset, peep hole, vinyl bubble weatherstripping, wind crash chain stop, and aluminum threshold. Locations: Back, and West Side Doors Note 1: Touch-up paint affected finishes resulting from the replacement of the door(s). to match existing as close as possible. Inspector shall be responsible for determining if the touch-up paint matches as close as possible. Note 2: Contractor shall submit Impact Resistant Rated Dade County Product approvals, stamped by the Building Department of jurisdiction, with this Project's close-out package. Door assembly shall meet Dade County product approval without using interior slide bolts. BoyntonBeachCRA Capp Kathleen Page 2 of 6 Description Qty Bid Amount 3. Refasten Front Door Door Assembly 1 $~ CO L \/_",.. Fasten front door in accordance with the 2004 Florida Building Code. Prepare door assembly for painting by filling the holes created by new fasteners, a light sanding, then applying one (1) coat of acrylic primer/sealer and two (2) coats of acrylic semi-gloss paint to the door and jamb to match existing finishes. Note: The front door is a Miami-Dade County impact resistant door that was not fastened in according with the manufacture's recommendations or 2004 Florida Building Code. 4. Replace 16'0"X 6'8" Sliding Glass Doors Lot $ ~.KD-O . Q)~ t. .. Remove existing doors and replace with new sliding glass unit including box screen. Sliding Glass Doors shall be an approved window manufacture: Security, Plaza, PGT, or pre-approved equal. Sliding glass doors shall meet the 2004 Florida Building Code for wind pressure and water intrusion resistance. 5. Aluminum Hurricane "FOLDING" Shutters - 16' 0" SGD 1 Set $ '2-. ; u DO" L~) v Install folding (accordion) aluminum hurricane shutters to protect the set of 16'O"X6'8" sliding glass doors in item #4. The hurricane shutter system shall satisfy the 2004 Florida Building Code for both impact resistance and pressure requirements. The aluminum hurricane folding (accordion) shutter system shall be permanently affixed to the building per manufacturer's instructions. Note 1: Contractor shall submit Dade County Product approvals, stamped by the Building Department of jurisdiction, with this Project's close-out package. Note 2: Disturbed finishes resulting from the installation of hurricane shutters shall be patch and touch-up paint shall be applied to match existing finishes as close as possible. Inspector shall be responsible for determining if the touch-up paint matches. 6. Replace 5'O"X 6'8" Sliding Glass Doors Lot $I.~&O . I L.+v ,..../ Remove existing doors and replace with new sliding glass unit including box screen. Sliding Glass Doors shall be an approved window manufacture: Security, Plaza, PGT, or pre-approved equal. Sliding glass doors shall meet the 2004 Florida Building Code for wind pressure and water intrusion resistance. BoyntonBeachCRA Capp Kathleen Page 3 of 6 Description Qty Bid Amount 7. Aluminum Hurricane "FOLDING" Shutters. 5' 0" SGD l^.i\ ,,00 1 Set $ W 0 '-"" Install folding (accordion) aluminum hurricane shutters to protect the set of 5'O"X6'8" sliding glass doors in item #6. The hurricane shutter system shall satisfy the 2004 Florida Building Code for both impact resistance and pressure requirements. The aluminum hurricane folding (accordion) shutter system shall be permanently affixed to the building per manufacturer's instructions. Note 1: Contractor shall submit Dade County Product approvals, stamped by the Building Department of jurisdiction, with this Project's close-out package. Note 2: Disturbed finishes resulting from the installation of hurricane shutters shall be patch and touch-up paint shall be applied to match existing finishes as close as possible. Inspector shall be responsible for determining if the touch-up paint matches. 8. Aluminum Hurricane "FOLDING" Shutters. French Doors 1 Set $ 'I 4) t}O ~ iJ~ , Install folding (accordion) aluminum hurricane 'shutters to protect French Doors. The hurricane shutter system shall satisfy the 2004 Florida Building Code for both impact resistance and pressure requirements. The aluminum hurricane folding (accordion) shutter system shall be permanently affixed to the building per manufacturer's instructions. EXISTING SHADE AWNINGS, DECORATIVE SHUTTERS, and WINDOW SECURITY BARS: (to be addressed as indicated): [Xl Existing decorative shuttes that interfere with the installation of hurricane shutters, shall be removed with care and placed in an orderly fashion at a location selected by the owner. Note 1: Contractor shall submit Dade County Product approvals, stamped by the Building Department of jurisdiction, with this Project's close-out package. Note 2: Disturbed finishes resulting from the installation of hurricane shutters shall be patch and touch-up paint shall be applied to match existing finishes as close as possible. Inspector shall be responsible for determining if the touch-up paint matches. BoyntonBeachCRA Capp Kathleen Page 4 of 6 Description Qty Bid Amount 9. Replace Garage Door 2 $ 3 .aC){)~ "":.~; ,.. Remove existing garage doors and replace with new garage doors complete with all structural modifications required, hardware, electric garage opening package including electrical connection if none is existing, and a remote operating device. The garage door system shall satisfy the 2004 Florida Building Code for both impact resistance and pressure requirements. Note 1: Touch-up paint affected finishes resulting from the replacement of the door(s). to match existing as close as possible. Inspector shall be responsible for determining if the touch-up paint matches as close as possible. Note 2: Contractor shall submit Dade County Product approvals, stamped by the Building Department of jurisdiction, with this Project's close-out package. Total Bid Proposal: $ ;;L2J t 5' c.9-0 ~ 0 U I BoyntonBeachCRA Capp Kathleen Page 5 of 6 ALTERNATE #1 ATTENTION: If Items number1 0 and11 in Alternate #1 are accepted, then Items number 4, 5, 6 and 7 shall be deleted. 10. Aluminum Impact Rated 16'0"X6'8" Sliding Glass Doors c--' Of') 1"'\" 010 1 $:>. t:>V - I Remove existing 16'0"X6'8" set of sliding glass doors. Install new aluminum impact resistant sliding glass doors and aluminum framed screen. The sliding glass doors assembly shall satisfy the 2004 Florida Building Code for both impact resistance and pressure requirements. Provide modifications to openings if necessary to accommodate the new sliding glass door assembly. Sliding glass door manufacturer shall be PGT WinGuard SGD730 or approved equal. Impact Resistant Slidina Glass Doors must be MIAMI-DADE COUNTY CERTIFIED. Note 1: The sliding glass door system shall be installed in the masonry returns. Contractor shall patch floor covering. Note 2: Contractor shall submit Miami-Dade County Product approvals for impa~t resistance. Notice of Acceptance Documents shall be stamped by the Building Department of jurisdiction, and submitted with th project's close-out package. 11. Aluminum Impact Rated 5'0"X6'8" Sliding Glass Doors 1 $ ~.0i90'~ l/ Remove existing 5'0"X6'8" set of sliding glass doors. Install new aluminum impact resistant sliding glass doors and aluminum framed screen. The sliding glass doors assembly shall satisfy the 2004 Florida Building Code for both impact resistance and pressure requirements. Provide modifications to openings if necessary to accommodate the new sliding glass door assembly. Sliding glass door manufacturer shall be PGT WinGuard SGD730 or approved equal. Impact Resistant Slidina Glass Doors must be MIAMI-DADE COUNTY CERTIFIED. Note 1: The sliding glass door system shall be installed in the masonry returns. Contractor shall patch floor covering. Note 2: Contractor shall submit Miami-Dade County Product approvals for impact resistance. Notice of Acceptance Documents shall be stamped by the Building Department of jurisdiction, and submitted with th project's close-out package. BoyntonBeachCRA Capp Kathleen P ag e 6 of 6 1Il~~<tY~T2~ eRA . East Side-West Side-Seaside Renaissance eRA BOARD MEETING OF: December9,2008 x I Consent Agenda I Old Business New Business Public Hearing Other SUBJECT: Approval of up to $17,600 from the Residential Improvement Grant (RIP) Program for Annet Lee and the property located at 113 NE 5th Avenue SUMMARY: The Residential Improvement Grant Program was implemented in January 2007 as part of the HOB Work Program. The goal of the program is to assist very low, low and moderate income eligible homeowners and landlords in the Heart of Boynton with the rehabilitation and hardening of the exterior of their homes. Eligible rehabilitation items under current program guidelines include roof repair or replacement, exterior painting, hurricane shutters, exterior doors, front yard landscaping and irrigation. To date, the CRA has completed eight grants totaling $154,000.00. The RIP grant application, as submitted and reviewed, meets the income and property eligibility criteria set forth in the approved program guidelines and therefore does not require a wavier of any kind. On November 3, 2008, an invitation to bid was issued to the CRA Board approved list of RIP program contractors. After review of the contractor bid proposals submitted on November 24, 2008, Starmark Properties, Inc. was the contractor selected to perform the program eligible rehabilitation items (see attached) based on lowest responsible bid criteria. Ten (10) percent was added to the proposed bid amount in order to accommodate a contingency fund. FISCAL IMP ACT: $17,750 from the Residential Improvement Grant Program: Project Fund, Line Item 02-58300-474. CRA PLAN, PROGRAM OR PROJECT: Residential Improvement Grant Program RECOMMENDATIONS: Approval of up to $17,600 from the Residential Improvement Grant (RIP) Program for Annet Lee and the property located at 113 NE 5th Avenue <---:7 /7' / ~. , /~'/~~:-/ ~ Michael Simon Development Manager T:\AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS\Completed Agenda Item Request Forms by Meeting\FY 2008 . 2009 Board Meetings\12-9-2008 Meeting\Lee RIP.doc BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY RESIDENTIAL REHABILITATION SPECIFICATIONS PROPERTY INFORMATION: --,-,~- Prooertv Address: 113 NE 5th. Avenue Bovnton Beach. FI. 33435 - Contact Person: AnnetLee Contact Phone: (561) 7363946 i/'/ J Building Description: Number of bedrooms: I 2 -, Number of bathrooms: I 1 Property Control Number: 08 43 45 21 16 000 0660 CONTRACTOR BID INFORMATION "''"''I /" "" ~ Bid submitted by: Srlk-cZ.JiV) w~iL- f fL~ P f7LJ;~~nature: x(\ ~/~~, ~" ) ~ ~.1 -1 I i I I I Total contractor bid for work requested: $1 S-r G[ h~~ ~ .J~ The proposed work shall be completed within ~ working days. Client: Address: Boynton Beach Community Redevelopment I Date: -I August 22, 2008 P.O. Box 337,404 NW. 13th. Avenue, Boynton Beach, FI. 33425 I I I "l --..I This Rehabilitation Specifications Work Write Up shall be submitted in its entirety, with the permit application. It shall fully disclose the scope of work to be performed, permitted and inspected. Final Pay Application and Project Close-Out: The contractor shall submit to the Boynton Beach Redevelopment Agency with the final pay application. 1. Permit, product approvals, signed and sealed engineering recommendations and acceptance, stamped by the building department of jurisdiction. 2. One year warranty on all work in the contract as amended by change orders with the exception of new roof which shall have a 5 year warranty 3. Manufacturer's warranties on all products and appliances installed. Bid Documents: Contractor's bid will be based on to total bid price which shall include to total sum of all bid amounts on all individual specified items. Lead Based Paint: This building contains lead based paint therefore interim controls and safe work practices shall be practiced while performing the scope of work in this single family home rehabilitation project. Boynton CRA\Lee Annet Page 1 of 6 BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY REHABILITATION SPECIFICATIONS Contractors shall provide all labor, material, equipment, and permits required by the building department of jurisdiction to perform the following ..1L line items: Description Qty Bid Amount 1. Sloped Roof. Shingles Lot $ 53~5t~ I Remove entire sloped roof covering. Replace damaged sheathing, replace / repair damaged rafters and related roof components. Contractors shall include in their bid replacing up to 10% of sheathing and rafter/trusses top chords. Damage in excess of .. 10% II of sheathing and rafter/truss top chords shall be addressed in a change order. Replacement sheathing shall be a minimum 19/32" plywood but may be thicker to match existing sheathing. In instances where the sheathing is an exposed ceiling, replacement sheathing shall match existing and may be planks. All roof sheathing/decking nailing shall be brought up to meet the 2004Florida Building Code. Existing fasteners may be used to partially satisfy this requirement and additional nailing shall consist of the required ring shank nails. Install one (1) layer of ASTM 30 lb. felt paper. Then install 40 year rated quality or equal, laminated (dimensional) shingle, self sealing, fungus resistant fiberglass shingles, to meet local building code. Install new ridge vent per shingle manufacturers specifications over all roof ridge. New 3"x 3" metal drip edge (see note below) and flashing shall be installed throughout the entire roof system. The entire new roof system shall conform to building code of jurisdiction. Note 1: Contractor shall replace deteriorated portions of existing 1"x 2" build-out for the drip edge at the top of fascia. If no 1"x 2" exists at the top of the fascia, the contractor shall install all new 1 "x 2" primed and painted to match existing fascia color. Note 2: The metal drip edge shall be a minimum 3"x 3". Fastening of the drip edge shall be with nails placed into the sheathing, roof rafter, truss, or sub-fascia. No fasteners shall penetrate Into the fascia or 1 x2 wood drip edge nailer. Note 3: This item will have a mandatory inspection with the rehabilitation inspector. Note 4: Owner shall have choice of color. **Note 5: One 36" layer of self adhering modified underlayment shall be placed above flashing in all valleys. Boynton CRA\Lee Annet Page 2 of 6 Description Qty Bid 2. Fascia and Soffit Replacement Lot $ 1SD"~ Replace deteriorated fascia and soffit. A minimum 6 feet must be maintained between joints or corners. Fill all nail holes in all affected wood, seal with caulking the seams of joints of wood where they meet the soffit and prepare for paint. Apply one (1) coat of acrylic primer/sealer and two (2) coats of acrylic finish paint to new wood and match existing fascia paint as close as possible. Replace soffit venting to match existing. Locations: All four corners of the roof and the front porch Note 1: Refasten loose soffit on all sides of the house then caulk and prepare for painting. 3. Front Hurricane Rated Impact Egress Door 1 t: i~ ") ~!$) <.:' $ QV \Y '-:' Remove the existing front door and jamb, prepare a sufficient door buck, and install an "in-swing" hurricane impact resistant rated pre-hung metal clad six (6) panel door. Patch to match interior and exterior walls, install new interior wood casing and exterior wood brick mold. Prep.are new door assembly for painting by washing with TSP and a light sanding. Door installation shall include keyed entry lockset with lever handle both sides: "Schlage", Flair F51 and matching deadbolt or approved equal, deadbolt keyed one side to the lockset, peep hole, vinyl bubble weatherstripping, wind crash chain stop, and aluminum threshold. Note 1: Patch affected area to the average finish of the wall resulting from the removal of existing door and installation of the new door. Note 2: Contractor shall submit Impact Resistant Rated Dade County Product approvals, stamped by the Building Department of jurisdiction, with this Project's close-out package. Door assembly shall meet Dade County product approval without using interior slide bolts. Note 3: Contractor shall install an "IN-SWING" Hurricane Impact Rated door assembly to accommodate hanging an "outswina" screen door. 4. Front Door Screen Door 1 ~ <. \ ,- J I {)"" "y'-' $' t..! ._~' ~- Remove the existing screen door and provide and install new aluminum screen door. It shall be installed on exterior side of the Hurricane Impact Rated door hung in item #3 complete with all hardware. Boynton CRA\Lee Anne! Page 3 of 6 Description Qty Bid 5. Rear Hurricane Rated Impact Egress Door Lot $ 5&>o'~ Remove the existing rear door and jamb, prepare a sufficient door buck, and install a hurricane impact rated pre-hung metal flush door with minimum 64 square inch lite. Patch to match interior and exterior walls, install new inte"fior wood casing and exterior wood brick mold. Prepare new door assembly for painting by washing with TSP and a light sanding. Door installation shall include keyed entry lockset with lever handle both sides: "Schlage", Flair F51 and matching deadbolt or approved equal, deadbolt keyed one side to the lockset, peep hole, vinyl bubble weatherstripping, wind crash chain stop, and aluminum threshold. Note 1: Patch affected area to the average finish of the wall resulting from the removal of existing door and installation of the new door. Note 2: Contractor shall submit Impact Resistant Rated Dade County Product approvals, stamped by the Building Department of jurisdiction, with this Project's close-out package. Door assembly shall meet Dade County product approval without using interior slide bolts. 6. Window Repair Lot I .,f'U..!'\ '" ".0 $ ~ -- I. V Replace defective operators, balances, locks, and broken glass using similar aluminum snap in glazing, clean, and lubricate slides to restore the window to best possible operating condition. Bathroom window glass, when replaced, shall be obscure glass. 7. Install a 150 Amp Service Lot $ 5,9'00 "'~ v Install a new minimum 150 Amp electrical service complete with breaker panel box with all circuits labeled and balanced. Replace mast and weatherhead if insufficiently sized. Panel shall be sufficiently sized to accommodate four (4) additional circuits. Install GFCI protection in the kitchen and bathroom(s). Disable non protected electrical outlets in existing light fixture(s) and install one (1) in each bathroom according to code. Disable and place covers on receptacles in light fixtures in the kitchen and bathroom that are not GFCI protected. Note: Repair/restore surfaces affected to match existing finishes. 8. Install Electrical Circuitry and Irrigation Timer Lot $ ~5'0 '6.J3 Install circuitry and GFCI receptacle with weather proof cover and irrigation timerwith a 24 hour, 14 day, Intermatic Auto Sprinkler Timer, model T8845PV, or pre-approved equal. Location: Northeast corner of house. Boynton CRA\Lee Annet Page 4 of 6 Description Qty Bid 9. Irrigation Control Valve/Additional Sprinkler Heads 1 $ 'l-SD ~ 0'tJ Install an irrigation control valve to match existing pipe size with "4 Zone Indexing Valve" FIMCO model 9254, or pre-approved equal. Controls plumbing shall include a back flow preventer device. Incorporate into the existing front yard irrigation system two (2) sprinker heads equally divided mid point in the front yard between the east property line and the walkway. 10. Exterior Paint .-.. .~ 0'~ Lot $ l j &0 -~-- Pressure clean thoroughly with water. Fill all cracks and holes to match average existing finish, and lightly sand ALL WOOD. Contact the assigned rehabilitation inspector and request an inspection (24 hour notice to required) Upon inspector's approval, proceed and apply one (1) coat of acrylic primer/sealer and two (2) coats of acrylic exterior grade paint. Apply masonry grade flat paint on masonry, and semi-glos$ wood grade paint on wood siding and wood trim. Primer and paint shall be of the same manufacturer, Sherwin Williams or equal. Include all doors, trim, and shutters. Note #1: Paint color choice shall be by owner in accordance with deed restrictions, homeowner's association, and building code of jurisdiction. Note #2: Masonry surfaces painted with a spray applicator shall be back-rolled to ensure complete coverage. Note #3: Contractor shall comply with manufacturer recommended time intervals between coats of paint. Note #4: Contractor shall deliver a smooth full paint coverage over the average substrate finish. Roller and brush marks, runs, orange peels, and other defective paint application shall not be accepted. Note #5: Masonry surfaces painted with a spray applicator shall be back-rolled to ensure complete coverage. Contractor shall excavate and extend wall painting a minimum of 6" below grade at masonry wall perimeter. Note #6: Contractor shall patch holes and gouges in masonry prior to applying acrylic primer/sealer. Boynton CRA\Lee Annet Page 5 of 6 Description Qty Bid 11. Concrete Access Ramp Lot $ 72>'0 . 0~ Remove existing stairs, walkways and any obstructions at front porch door that might interfere with the ramp's construction and its associated landings. The ramp and landings shall consist of concrete. Landings shall be a minimum of 5' x 5'. Landings on grade shall be of concrete. Ramp shall not exceed 1 :12 pitch, with a maximum length of 30'. 0" between landings, and a maximum width of 5'- 0". Ramp construction shall be in accordance with the building code of jurisdiction for "RAMPS". Note: The intent of this specification is to provide access to the house for persons with disability; it is "NOT" an attempt to build the ramp meet ADA specifications. , rq" I r < J)-<) Total Bid Proposal: $ ~ 19 ~ -- Boynton CRA\Lee Annet Page 6 of 6 r ~~~qY~T2~CRA iIi East Side-West Side-Seaside Renaissance eRA BOARD MEETING OF: December9,2008 x I Consent Agenda I Old Business New Business Public Hearing Other SUBJECT: Approval of up to $15,000 from the Residential Improvement Grant (RIP) Program for Lura Lester and the property located at 406 NW 7th Avenue SUMMARY: The Residential Improvement Grant Program was implemented in January 2007 as part of the HOB Work Program. The goal of the program is to assist very low, low and moderate income eligible homeowners and landlords in the Heart of Boynton with the rehabilitation and hardening of the exterior of their homes. Eligible rehabilitation items under current program guidelines include roof repair or replacement, exterior painting, hurricane shutters, exterior doors, front yard landscaping and irrigation. To date, the CRA has completed eight grants totaling $154,000.00. The RIP grant application, as submitted and reviewed, meets the income and property eligibility criteria set forth in the approved program guidelines and therefore does not require a wavier of any kind. On November 3, 2008, an invitation to bid was issued to the CRA Board approved list of RIP program contractors. After review of the contractor bid proposals submitted on November 24, 2008, Ray Graeve & Sons Construction, LLC was the contractor selected to perform the program eligible rehabilitation items (see attached) based on lowest responsible bid criteria. Ten (10) percent was added to the proposed bid amount in order to accommodate a contingency fund. FISCAL IMPACT: $15,000 from the Residential Improvement Grant Program: Project Fund, Line Item 02-58300-474. CRA PLAN, PROGRAM OR PROJECT: Residential Improvement Grant Program RECOMMENDATIONS: Approval of up to $15,000 from the Residential Improvement Grant (RIP) Program for Lura Lester and the property located at 406 NW 7th Avenue / 7~~~~~ Michael Simon Development Manager T:\AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS\Completed Agenda Item Request Forms by Meeting\FY 2008 - 2009 Board Meetings\12-9-2008 Meeting\Lester RIP.doc BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY RESIDENTIAL REHABILITATION SPECIFICATIONS PROPERTY INFORMATION: _ ...~_.~._..c_, Prooertv Address: 406 NW 7th. Avenue. Bovnton Beach Fl. 33435 c"._~_ Contact Person: Lara Lee Lester ,-- Contact Phone: (561) 386 9509 Building Description: Number of bedrooms: I 2 I Number of bathrooms: I 2 Property Control Nu mber: 08434521 160000660 J CONTRACTOR BID INFORMATION Total contractor bid for work requested: $_ /3 "3d. c-' L) l Bid submitted by: 'ffl-'r' 6-l2Re u f. ' Signature: X ~~ ;:J/I.a fh ><i' I The proposed work shall be completed within -.mL. working days. Client : Address: Boynton Beach Community Redevelopment I Date: I August 22,2008 P.O. Box 337,404 NW. 13th. Avenue, Boynton Beach, FI. 33425 This Rehabilitation SDecifications Work Write Up shall be submitted in its entirety, with the permit application. It shall fully disclose the scope of work to be performed, permitted and inspected. Final Pay Application and Project Close-Out: The contractor shall submit to the Boynton Beach Redevelopment Agency on with the final pay application. 1. Permit, product approvals, signed and sealed engineering recommendations and acceptance, stamped by the building department of jurisdiction. 2. One year warranty on all work in the contract as amended by change orders with the exception of new roof which shall have a 5 year warranty 3. Manufacturer's warranties on all products and appliances installed. Bid Documents: Contractor's bid will be based on to total bid price which shall include to total sum of all bid amounts on all individual specified items. Lead Based Paint: This building contains lead based paint therefore interim controls and safe work practices shall be practiced while performing the scope of work in this single family home rehabilitation project. Boynton Beach CRAILester Lura\Work WriteUp Page 1 of 5 BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY REHABILITATION SPECIFICATIONS Contractors shall provide all labor, material, equipment, and permits required by the building department of jurisdiction to perform the following 9 line items: Description Qty Bid Amount 1. Window Repair ALL $ 9 00 Replace operators, balances, defective locks, broken glass using similar aluminum snap in glazing, clean, and lubricate slides to restore the window to best possible operating condition. Bathroom window glass, when replaced, shall be obscure glass. 2. Aluminum Hurricane "FOLDING" Shutters ALL $ i9'7S Install folding (accordion) aluminum hurricane impact rated shutters at: a) ALL window openings. b) N/A door location(s) as follows: c) N/A sliding glass doors. The hurricane shutter system shall satisfy the 2004 Florida Building Code for both impact resistance and pressure requirements. The aluminum hurricane folding (accordion) shutter system, with stiffeners if required by engineering instructions, shall be permanently affixed to the building per manufacturer's instructions. Shutters shall be completely installed for the rehabilitation inspector's inspection, then removed and stored at a location indicated by the owner. Miscellaneous parts shall be stored in a sealed container and delivered to the owner at the project close-out. EXISTING SHADE AWNINGS, DECORATIVE SHUTTERS, and WINDOW SECURITY BARS: (to be addressed as indicated): [Xl Existing decorative window shutters. that interfere with the installation of hurricane shutters, shall be removed with care and placed in an orderly fashion at a location selected by the owner. [Xl Existing decorative window shutters that "Do Not" interfere with the installation of hurricane shutters, shall be left in place. Note 1: Contractor shall submit Dade County Product approvals, stamped by the Building Department of jurisdiction, with this Project's close-out package. Note 2: Disturbed finishes resulting from the installation of hurricane shutters shall be patched to match the average finish of the wall. Boynton Beach CRA\Lester Lura\Work WriteUp Page 2 of 5 Description Qty Bid Amount 3. Front Exterior Egress Door 01 1 $ 5~_i~ Remove the existing front door and jamb, prepare a sufficient door buck, and install a hurricane impact resistant rated pre-hung metal clad six (6) panel door. Patch to match interior and exterior walls, install new interior wood casing and exterior wood brick mold. Prepare new door assembly for painting by washing with TSP and a light sanding. Door installation shall include keyed entry lockset with lever handle both sides: "Schlage", Flair F51 and matching deadbolt or approved equal, deadbolt keyed one side to the lockset, peep hole, vinyl bubble weatherstripping, wind crash chain stop, and aluminum threshold. Note 1: Touch-up paint affected finishes resulting from the replacement of the door(s). to match existing as close as possible. Inspector shall be responsible for determining if the touch-up paint matches as close as possible. Note 2: Contractor shall submit Impact Resistant Rated Dade County Product approvals, stamped by the Building Department of jurisdiction, with this Project's close-out package. Door assembly shall meet Dade County product approval without using interior slide bolts. Note 3: A landing is required according to code. In the absence of a landing, Contractor shall construct a concrete landing in front of the door as required by code, (or where a landing exists, Contractor shall re-construct/modify the existing landing in order to meet code.) 4. Side Garage Hinged Door 01 Lot $ :52. :;-' Remove the existing side garage hinged door and jamb, prepare a sufficient door buck, and install a hurricane impact rated pre-hung metal flush door. Patch to match interior and exterior walls, install new interior wood casing and exterior wood brick mold. Prepare new door assembly by washing with TSP and a light sanding then apply one (1) coat of acrylic primer/sealer and two (2) coats of acrylic semi-gloss paint to match existing finishes. Door installation shall include keyed entry lockset with lever handle both sides: "Schlage", Flair F51 and matching deadbolt or approved equal, deadbolt keyed one side to the lockset, peep hole, vinyl bubble weatherstripping, wind crash chain stop, and aluminum threshold. Note 1: Touch-up paint affected finishes resulting from the replacement of the door(s). to match existing as close as possible. Inspector shall be responsible for determining if the touch-up paint matches as close as possible. Note 2: Contractor shall submit Hurricane Impact Rated Dade County Product approvals, stamped by the Building Department of jurisdiction, with this Project's close-out package. Door assembly shall meet Dade County product approval without using interior slide bolts. Note 3: A landing is required according to code. In the absence of a landing, Contractor shall construct a concrete landing in front of the door as required by code. Boynton Beach CRA\Lester Lura\Work WriteUp Page 3 of 5 Description Qty Bid Amount 5. Replace Garage Door 01 1 $ ~~ Remove existing garage door and replace with new hurricane impact rated garage door complete with all structural modifications required, hardware, electric garage opening package including electrical connection if none is existing, and a remote operating device. The garage door system shall satisfy the 2004 Florida Building Code for both impact resistance and pressure requirements. Note 1: Touch-up the affected finishes resulting from the replacement of the door(s). to match existing average finish. Note 2: Contractor shall submit Dade County Product approvals, stamped by the Building Department of jurisdiction, with this Project's close-out package. 6. Fascia and Soffit Replacement 01 Lot $ 'f7.5' Replace deteriorated fascia and soffit. A minimum 6 feet must be maintained between joints or corners. Fill all nail holes in all affected wood, seal with caulking the seams of joints of wood where they meet the soffit and prepare for paint. Apply one (1) coat of acrylic primer/sealer and two (2) coats of acrylic finish paint to new wood and match existing fascia paint as close as possible. Replace soffit venting to match existing. Locations: Soffit on West Elevation - 161ft. and Fascia at SE and SW Corners and along the south side of the flat deck roof. Note: Contractor shall exercise care in removing fascia and shall replace metal roof drip edge metal and reseal roof shingles to affected areas. 7. Floritan Grass Sod Lot $.;23 ()() Strip the existing ground vegetation from the east street side yard which shall include areas enclosed by the chain link fences on the north, east, and south side and thethe wood fence and the easterly elevation of the house. Level the soil and place Floritan grass sod in the front yard. Note1: Contractor to exercise care to avoid breaking the existing irrigation system's piping and sprinkler heads. The irrigation system is operable. When the contractor has completed the scope of work, the system shall be operable. If repairs are necessary, the contractor shall be responsible to bring the irrigation system to it present operation. Note 2: Contractor shall irrigate the sod with the owner's irrigation system until the project is accepted as being complete. Mowing shall be by the owner. Boynton Beach CRA\Lester Lura\Work WriteUp Page 4 of 5 Description Qty Bid Amount 8. Painting - Exterior Walls, Shutters, & Trim 01 Lot $,-Q 5OB_. Pressure clean thoroughly with water. Fill all cracks and holes to match average existing finish, and lightly sand ALL WOOD. Contact the assigned rehabilitation inspector and request an inspection (24 hour notice to required) Upon inspector's approval, proceed and apply one (1) coat of acrylic primer/sealer and two (2) coats of acrylic exterior grade paint. Apply masonry grade flat paint on masonry, and semi-gloss wood grade paint on wood siding and wood trim. Primer and paint shall be of the same manufacturer, Sherwin Williams or equal. Include all doors and trim. Note #1: Paint color choice shall be by owner in accordance with deed restrictions, homeowner's association, and building code of jurisdiction. Note #2: Masonry surfaces painted with a spray applicator shall be back-rolled to ensure complete coverage. Contractor shall excavate and extend wall painting a minimum of 6" below grade at masonry wall perimeter. Note #3: Contractor shall comply with manufacturer recommended time intervals between coats of paint. Note #4: Contractor shall deliver a smooth full paint coverage over the average substrate finish. Roller and brush marks, runs, orange peels, and other defective paint application shall not be accepted. Note #5: Contractor shall patch stucco to the average finish of the wall where structural steel beam hangers have been removed on the east elevation, at the beam height, on the south side of the garage, and between the two southerly windows. ATTENTION: Contractor shall fill nail holes and gouges then prepare the bare and oxidized paint on the fascia by pressure cleaning and sanding the surfaces to ensure a secure bonding of paint. Rust stain shall be removed from the masonry walls prior to applying acrylic primer/sealer. 9. Irrigation Timer and Circuitry Lot $ 550 Install an irrigation timer with a 24 hour, 14 day, Intermatic Auto Sprinkler Timer, model T8806P1 01 C, or pre-approved equal to the existing irrrigation system. Run new underground conduit and circuitry to the well pump. Total Bid Proposal: $ /3;630.. I (IG Boynton Beach CRA\Lester Lura\Work WriteUp Page 5 of 5 r ~~~<tY~T8~ eRA . East Side-West Side-Seaside Renaissance eRA BOARD MEETING OF: December9,2008 I x I Consent Agenda I Old Business New Business Public Hearing Other SUBJECT: Approval of up to $20,000 from the Residential Improvement Grant (RIP) Program for Wilfred Byam and the property located at 216 SE 1 st Avenue SUMMARY: The Residential Improvement Grant Program was implemented in January 2007 as part of the HOB Work Program. The goal of the program is to assist very low, low and moderate income eligible homeowners and landlords in the Heart of Boynton with the rehabilitation and hardening of the exterior of their homes. Eligible rehabilitation items under current program guidelines include roof repair or replacement, exterior painting, hurricane shutters, exterior doors, front yard landscaping and irrigation. To date, the CRA has completed eight grants totaling $154,000.00. The RIP grant application, as submitted and reviewed, meets the income and property eligibility criteria set forth in the approved program guidelines and therefore does not require a wavier of any kind. On November 3, 2008, an invitation to bid was issued to the CRA Board approved list of RIP program contractors. After review of the contractor bid proposals submitted on November 24, 2008, Starmark Properties, Inc. was the contractor selected to perform the program eligible rehabilitation items (see attached) based on lowest responsible bid criteria. FISCAL IMP ACT: $20,000 from the Residential Improvement Grant Program: Project Fund, Line Item 02-58300-474. eRA PLAN, PROGRAM OR PROJECT: Residential Improvement Grant (RIP) Program RECOMMENDATIONS: Approval of up to $20,000 from the Residential Improvement Grant (RIP) Program for Wilfred Byam and the property located at 216 SE 1 st Avenue ~';;:~L~ Michael Simon Development Manager T:\AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS\Completed Agenda Item Request Forms by Meeting\FY 2008 - 2009 Board Meetings\12-9-2008 Meeting\Byam RIP.doc BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY RESIDENTIAL REHABILITATION SPECIFICATIONS PROPERTY INFORMATION: Pro ert Address: 216 SE 1 st. Avenue Bo nton Beach FI. 33435 Contact Person: Wilfred K. Byam Contact Phone: (561) 736 8172 f,JP' Building Description: Number of bedrooms: Property Control Number: 08 43 45 28 03 010 0041 CONTRACTOR BID INFORMATION Total contractor bid for work requested: $ \ 01 i '~~tO . ~~ ",._ r-/'--'--- f..~...-P Bid submitted by: STA-f(.llv~\Zlc_J((\.O P~('0\ ~ignature:"x,- JJ:..",,-,11;-~-C:;::;> -- ~\ . -.,.1 The proposed work shall be completed within ~ working days. Client: Address: Boynton Beach Community Redevelopment I Date: I September 16, P.O. Box 337,404 NW. 13th. Avenue, Bovnton Beach, FI. 33425 This Rehabilitation Specifications Work Write Up shall be submitted in its entirety, with the permit application. It shall fully disclose the scope of work to be performed, permitted and inspected. Final Pay Application and Project Close-Out: The contractor shall submit to the Boynton Beach Community Redevelopment Agency with the final pay application. 1. Permit, product approvals, signed and sealed engineering recommendations and acceptance, stamped by the building department of jurisdiction. 2. One year warranty on all work in the contract as amended by change orders with the exception of new roof which shall have a 5 year warranty 3. Manufacturer's warranties on all products and appliances installed. Bid Documents: Contractor's bid will be based on to total bid price which shall include to total sum of all bid amounts on all individual specified items. Lead Based Paint: This building contains lead based paint therefore interim controls and safe work practices shall be practiced while performing the scope of work in this single family home rehabilitation project. BoyntonFBComm/2651 No_Seacrest Page 1 of 6 BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY REHABILITATION SPECIFICATIONS Contractors shall provide all labor, material, equipment, and permits required by the building department of jurisdiction to perform the following ~ line items: Description Qty Bid Amount 1. Sloped Roof. Shingles Lot $ Lf S/}o ~~ Remove entire sloped roof covering. Replace damaged sheathing, replace / repair damaged rafters and related roof components. Contractors shall include in their bid replacing up to 10% of sheathing and rafter/trusses top chords. Damage in excess of .. 10%" of sheathing and rafter/truss top chords shall be addressed in a change order. Replacement sheathing shall be a minimum 19/32" plywood but may be thicker to match existing sheathing. In instances where the sheathing is an exposed ceiling, replacement sheathing shall match existing and may be planks. All roof sheathing/decking nailing shall be brought up to meet the 2004Florida Building Code. Existing fasteners may be used to partially satisfy this requirement and additional nailing shall consist of the required ring shank nails. Install two (2) layers of ASTM 30 lb. felt paper. Then install 40 year rated quality or equal, laminated (dimensional) shingle, self sealing, fungus resistant fiberglass shingles, to meet local building code. Install new ridge vent per shingle manufacturers specifications over all roof ridge. New 3"x 3" metal drip edge (see note below) and flashing shall be installed throughout the entire roof system. The entire new roof system shall conform to building code of jurisdiction. Note 1 Contractor shall replace deteriorated portions of existing 1 "x 2" build-out for the drip edge at the top of fascia. If no 1 "x 2" exists at the top of the fascia, the contractor shall install all new 1 "x 2" primed and painted to match existing fascia color. Note 2: The metal drip edge shall be a minimum 3"x 3". Fastening of the drip edge shall be with nails placed into the sheathing, roof rafter, truss, or sub-fascia. No fasteners shall penetrate Into the fascia or 1x2 wood drip edge nailer. Note 3: Owner shall have choice of color. **Note 4. One 36" layer of self adhering modified underlayment shall be placed above flashing in all valleys. BoyntonFBComm/2651 No_Seacrest Page 2 of 6 Description Qty Bid Amount 2. Low Slope Shingle Roof Lot - .'-,A,} /'\ $;2:.bvV I i:;;.-'l.,.-} Remove entire low slope roof covering. Replace damaged sheathing, replace / repair damaged rafters and related roof components. Contractors shall include in their bid replacing up to 10% of sheathing and rafter/trusses top chords. Damage in excess of .. 10% II of sheathing and rafter/truss top chords shall be addressed in a change order. Replacement sheathing shall be a minimum 19/32" plywood but may be thicker to match existing sheathing. In instances where the sheathing is an exposed ceiling, replacement sheathing shall match existing and may be planks. All roof sheathing/decking nailing shall be brought up to meet the 2004Florida Building Code. Existing fasteners may be used to partially satisfy this requirement and additional nailing shall consist of the required ring shank nails. Tin tag one (1) layer of ASTM 30 lb. felt paper and hot mop one (1) ply wet sheet of ASTM 30 lb. felt paper. Install 40 year rated quality or equal, laminated (dimensional) shingle, self sealing, fungus resistant fiberglass shingles. New 3"x 3" metal drip edge (see note below) and flashing shall be installed throughout the entire roof system. The entire new roof system shall conform to building code of jurisdiction. Note 1: Contractor shall replace deteriorated portions of existing 1 "x 2" build-out for the drip edge at the top of fascia. If no 1 "x 2" exists at the top of the fascia, the contractor shall install all new 1 "x 2" primed and painted to match existing fascia color. Note 2: The metal drip edge shall be a minimum 3"x 3". Fastening of the drip edge shall be with nails placed into the sheathing, roof rafter, truss, or sub-fascia. No fasteners shall penetrate into the fascia or 1 x2 wood drip edge nailer. Note 3: Owner shall have choice of color. Note 4: The rear addition and front porch have exposed v-joint wood ceilings. The owner recognizes the roofing nails will penetrate the v-joint ceiling sheathing. 3. Fascia and Soffit Replacement Lot ~ <-0Xc) $ ?50 ...- Replace deteriorated fascia and soffit. A minimum 6 feet must be maintained between joints or corners. Fill all nail holes in all affected wood, seal with caulking the seams of joints of wood where they meet the soffit and prepare for paint. Replace soffit venting to match existing. Locations: All fascia and soffit sides of the rear addition, right side frame porch ceiling, and approximately 501ft in the front garage/porch ceiling. ",-,-. BoyntonFBComm/2651 No_Seacrest Page 3 of 6 Description Qty Bid Amount 4. Roof System Connection to Structural Walls Lot .-r... ^ .. .CJ-O $Z.~C7U - Provide positive structural connections betlJVeen the rafters, roof trusses and structural walls according to the 2004 Florida Building Code. Connections shall include all rafter to rafter and/or truss to truss components into one integral roof system. An engineer's inspection, evaluation, recommendations, and signed and sealed acceptance of the roof system and its connection to structural walls is required and shall be the responsibility of the contractor. Patch or replace affected walls, ceilings, and soffit areas with materials to match existing and paint to match as close as possible the paint color and finishes. Note 1: Contractor shall submit an original report prepared, sianed, and sealed bv a professional enaineer. The report must contain the three following parts: Part 1: A description of existing conditions based on the engineer's inspection of the roof, and the engineer's evaluation of what was observed. Part 2: The engineer's recommendations to the contractor for the roof connection system. Part 3: The engineer's acceptance of the roof connection system as installed by the contractor after the engineer's final inspection of the roof system. Each part of the engineer's report must be labeled and must contain the information required above. Reports that do not comply with these requirements will not be accepted. 5. Aluminum Windows 4 $~S-&D~ ~ l Remove existing double windows on the east and south sides of the frame stucco addition at the rear of the house. One egress type window shall be installed in this bedroom. Install new aluminum single hung windows with aluminum framed screens. Provide modifications to openings and electric if necessary to accommodate the new windows. If existing window sills are disturbed, replace with bull nose tile or marble sill(s). Locations: Frame/stucco addition in the rear - a double set of window on the east side and two windows on the south side. BoyntonFBGomm/2651 No_Seacrest Page 4 of 6 Description Qty Bid Amount 6. Windows Repair 12 $ I 'q(jyO ~. L' ~ f - Replace defective operators, balances, locks, broken glass using similar aluminum snap in glazing, clean, and lubricate to restore the windows to best possible operating condition. Bathroom window glass, when replaced, shall be obscure glass. Locations: All windows with the exception of the fixed glass window and the four windows to be replaced on the frame/stucco addition of the rear of the house. 7. Replace Egress Doors 3 I JfP~ ' [)~-' $ I l)Jlu,- Remove the existing door and jamb, prepare a sufficient door buck, and install a hurricane impact resistant rated pre-hung metal clad six (6) panel door. Patch to match interior and exterior walls, install new interior wood casing and exterior wood brick mold. Prepare new door assembly for painting by washing with TSP and a light sanding then apply one (1) coat of acrylic primer/sealer and two (2) coats of acrylic semi-gloss paint to match existing finishes. Door installation shall include keyed entry lockset with lever handle both sides: "Schlagel', Flair F51 and matching deadbolt or approved equal, deadbolt keyed one side to the lockset, peep hole, vinyl bubble weatherstripping, wind crash chain stop, and aluminum threshold. Locations: Front, Back, and East Side Doors Note 1: Touch-up paint affected finishes resulting from the replacement of the door(s). to match existing as close as possible. Inspector shall be responsible for determining if the touch-up paint matches as close as possible. Note 2: Contractor shall submit Impact Resistant Rated Dade County Product approvals, stamped by the Building Department of jurisdiction, with this Project's close-out package. Door assembly shall meet Dade County product approval without using interior slide bolts. BoyntonFBComm/2651 No_Seacrest Page 5 of 6 Description Qty Bid Amount 8. Painting - Exterior Walls, Shutters, & Trim Lot t:"'\ <'l ri\ r.. . u..p $-;..J.-~ - Pressure clean thoroughly with water. Remove caulking from the expansion/contractor cracks in the stucco of the frame/stucco addition at the rear of the house, masonry gable ends, and masonry on the west side of garage. Fill all cracks in the stucco at the rear of the house, masonry gable ends, and masonry on the west side of the garage with an elastomeric patching sealant "PIN-LOCK" or pre-approved equal. Patch and holes to match average existing finish, and lightly sand ALL WOOD. Contact the assigned rehabilitation inspector and request an inspection (24 hour notice to required) Upon inspector's approval, proceed and apply two (2) coats of elastormeric paint for masonry application, "Behr Elastomeric", or pre-approved equal. Apply one (1) coat of acrylic primer/sealer and two (2) coats of semi-gloss wood grade paint on exterior doors, wrought iron, and wood trim. Primer/sealer and paint shall be of the same manufacturer. Note #1: Paint color choice shall be by owner in accordance with deed restrictions, homeowner's association, and building code of jurisdiction. Paint shall be limited to two colors. ' Note #2: Masonry surfaces painted with a spray applicator shall be back-rolled to ensure complete coverage. Note #3: Contractor shall comply with manufacturer recommended time intervals between coats of paint. Note #4: Contractor shall deliver a smooth full paint coverage over the average substrate finish. Roller and brush marks, runs, orange peels, and other defective paint application shall not be accepted. Note #5: Masonry surfaces painted with a spray applicator shall be back-rolled to ensure complete coverage. Contractor shall excavate and extend wall painting a minimum of 6" below grade at masonry wall perimeter Note #6: Contractor shall cover fill cracks in stucco with an elastomeric patching sealant in accordance with manufacturer's recommendations prior to painting two coats of elastomeric paint. Note #7: The stonework on the front of the house shall not be painted and contractor shall protected from the stonework overspray. Total Bid Proposal: $13' . ;:, 0.0 ,~ / BoyntonFBComm/2651 No_Seacrest Page 6 of 6 ~~~<tY~T2~CRA iii East Side-West Side-Seaside Renaissance eRA BOARD MEETING OF: December9,2008 x I Consent Agenda I Old Business New Business Public Hearing Other SUBJECT: Approval of up to $14,800 from the Residential Improvement Grant (RIP) Program for Clara Marie Williams and the property located at 329 NE 11 th Avenue SUMMARY: The Residential Improvement Grant Program was implemented in January 2007 as part of the HOB Work Program. The goal of the program is to assist very low, low and moderate income eligible homeowners and landlords in the Heart of Boynton with the rehabilitation and hardening of the exterior of their homes. Eligible rehabilitation items under current program guidelines include roof repair or replacement, exterior painting, hurricane shutters, exterior doors, front yard landscaping and irrigation. To date, the CRA has completed eight grants totaling $154,000.00. The RIP grant application, as submitted and reviewed, meets the income and property eligibility criteria set forth in the approved program guidelines and therefore does not require a wavier of any kind. On November 3, 2008, an invitation to bid was issued to the CRA Board approved list of RIP program contractors. After review of the contractor bid proposals submitted on November 24, 2008, Ray Graeve & Sons Construction, LLC was the contractor selected to perform the program eligible rehabilitation items (see attached) based on lowest responsible bid criteria. Ten (10) percent was added to the proposed bid amount in order to accommodate a contingency fund. FISCAL IMPACT: $14,800 from the Residential Improvement Grant Program: Project Fund, Line Item 02-58300-474. CRA PLAN, PROGRAM OR PROJECT: Residential Improvement Grant Program RECOMMENDATIONS: Approval of funding up to $14,800 from the Residential Improvement Grant Program for Clara Marie Williams and the property located at 329 NE 11 th Avenue. "~~ ~/ /t'/:~ .. ~ Michael Simon Development Manager T:\AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS\Completed Agenda Item Request Forms by Meeting\FY 2008 - 2009 Board Meetings\12-9-2008 Meeting\Williams RIP.doc BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY RESIDENTIAL REHABILITATION SPECIFICATIONS PROPERTY INFORMATION: Prooertv Address: 329 NE 11th. Avenue. Bovnton Beach FI. 33435 ] Contact Person: Clara M. Williams Contact Phone: (561) 732 1611 Building Description: Number of bedrooms: I 2 I Number of bathrooms: I 1 Property Control Number: 08434521 22001 0040 CONTRACTOR BID INFORMATION Total contractor bid for work requested: $ / ~ ~(). r~" Bid submitted by: ;;);y . G)2Mf.)~ Signature: X ~Jj~ , ". The proposed work shall be completed within ~ working days. Client: Address: Boynton Beach Community Redevelopment I Date: I September 9, 2008 P.O. Box 337, 404 NW. 13th. Avenue, Bovnton Beach, FI. 33425 This Rehabilitation Specifications Work Write UP shall be submitted in its entirety, with the permit application. It shall fully disclose the scope of work to be performed, permitted and inspected. Final Pay Application and Project Close-Out: The contractor shall submit to the Boynton Beach Redevelopment Agency with the final pay application. 1. Permit, product approvals, signed and sealed engineering recommendations and acceptance, stamped by the building department of jurisdiction. 2. One year warranty on all work in the contract as amended by change orders with the exception of new roof which shall have a 5 year warranty 3. Manufacturer's warranties on all products and appliances installed. Bid Documents: Contractor's bid will be based on to total bid price which shall include to total sum of all bid amounts on all individual specified items. Lead Based Paint: This building contains lead based paint therefore interim controls and safe work practices shall be practiced while performing the scope of work in this single family home rehabilitation project. Boynton CRA\Williams Clara Page 1 of 5 BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY REHABILITATION SPECIFICATIONS Contractors shall provide all labor, material, equipment, and permits required by the building department of jurisdiction to perform the following -L line items: Description Qty Bid Amount 1. Sloped Roof - Shingles Lot $ S,QtJD Remove entire sloped roof covering. Replace damaged sheathing, replace / repair damaged rafters and related roof components. Contractors shall include in their bid replacing up to 10% of sheathing and rafter/trusses top chords. Damage in excess of " 10% " of sheathing and rafter/truss top chords shall be addressed in a change order. Replacement sheathing shall be a minimum 19/32" plywood but may be thicker to match existing sheathing. In instances where the sheathing is an exposed ceiling, replacement sheathing shall match existing and may be planks. All roof sheathing/decking nailing shall be brought up to meet the 2004Florida Building Code. Existing fasteners may be used to partially satisfy this requirement and additional nailing shall consist of the required ring shank nails. Install one (1) layer of ASTM 30 lb. felt paper. Then install 40 year rated quality or equal, laminated (dimensional) shingle, self sealing, fungus resistant fiberglass shingles, to meet local building code. Install new ridge vent per shingle manufacturers specifications over all roof ridge. New 3"x 3" metal drip edge (see note below) and flashing shall be installed throughout the entire roof system. The entire new roof system shall conform to building code of jurisdiction. Note 1: Contractor shall replace deteriorated portions of existing 1 "x 2" build-out for the drip edge at the top of fascia. If no 1 "x 2" exists at the top of the fascia, the contractor shall install all new 1"x 2" primed and painted to match existing fascia color. Note 2: The metal drip edge shall be a minimum 3"x 3". Fastening of the drip edge shall be with nails placed into the sheathing, roof rafter, truss, or sub-fascia. No fasteners shall penetrate into the fascia or 1x2 wood drip edge nailer. Note 3: This item will have a mandatory inspection with the rehabilitation inspector. Note 4: Owner shall have choice of color. **Note5: One 36" layer of self adhering modified underlayment shall be placed above flashing in all valleys. Boynton CRA\Williams Clara Page 2 of 5 Description Qty Bid 2. Miami SlidelWindow Door 1 $ 6~6. Remove the existing back door and jamb, prepare a sufficient door buck, and install a pre. hung metal clad door with a factory installed window in the top haff with and a solid or paneled bottom half. Patch interior plaster and exterior stucco to match existing finishes. Door installation shall include keyed entry lockset with lever handle both sides: "Schlage", Flair F51 and matching deadbolt or approved equal, deadbolt keyed one side to the lockset, peep hole, vinyl bubble weatherstripping, wind crash chain stop, and aluminum threshold. The door shall have a perforated vinyl covered diamond cut, 13 gauge security grade mesh/screen with frame riveted to the door complete with all new hardware. Location: Back Door 3. Hurricane Rated Impact "In-Swing" Egress Door 1 b~O $ . Remove the existing front door and jamb, prepare a sufficient door buck, and install an "in- swing" hurricane impact resistant rated pre-hung metal clad six (6) panel door. Patch to match interior and exterior walls, install new interior wood casing and exterior wood brick mold. Prepare new door assembly for painting by washing with TSP and a light sanding. Door installation shall include keyed entry lockset with lever handle both sides: "Schlage", Flair F51 and matching deadbolt or approved equal, deadbolt keyed one side to the lockset, peep hole, vinyl bubble weatherstripping, wind crash chain stop, and aluminum threshold. Note 1: Patch affected area to the average finish of the wall resulting from the removal of existing door and installation of the new door. Note 2: Contractor shall submit Impact Resistant Rated Dade County Product approvals, stamped by the Building Department of jurisdiction, with this Project's close-out package. Door assembly shall meet Dade County product approval without using interior slide bolts. Note 3: Contractor shall install an "IN-SWING" Hurricane Impact Rated door assembly to accommodate re-hanging the existing security "outswina" screen door. Location: Front Door Boynton CRA\Williams Clara Page 3 of 5 Description Qty Bid 4. Aluminum Hurricane "FOLDING" Shutters Lot $ Boot> , Install folding (accordion) aluminum hurricane shutters at: a) ALL window,openings. b) ---1- door location(s) as follows: New Miami/Slide Back Door The hurricane shutter system shall satisfy the 2004 Florida Building Code for both impact resistance and pressure requirements. The aluminum hurricane folding (accordion) shutter system, with stiffeners if required by engineering instructions, shall be permanently affixed to the building per manufacturer's instructions. Shutters shall be completely installed for the rehabilitation inspector's inspection, then removed and stored at a location indicated by the owner. Miscellaneous parts shall be stored in a sealed container and delivered to the owner at the project close-out. Note 1: Contractor shall submit Dade County Product approvals, stamped by the Building Department of jurisdiction, with this Project's close-out package. Note 2: Disturbed finishes resulting from the installation of hurricane shutters shall be patch and touch-up paint shall be applied to match existing finishes as close as possible. Inspector shall be responsible for determining if the touch-up paint matches. 5. Install Electrical Circuitry and Irrigation Timer 1 $ t./25 Install circuitry and GFCI receptacle with weather proof cover and irrigation timer with a 24 hour, 14 day, Intermatic Auto Sprinkler Timer, model T8845PV, or pre-approved equal. Note: Replace the GFCI cover with a weather resistance cover. Location: Front of house. Boynton CRA\Williams Clara Page 4 of 5 Description Qty Bid 6. Irrigation Control Valve 1 $ /9D Install an irrigation control valve to match existing pipe size with "4 Zone Indexing Valve" FIMCO model 9254, or pre-approved equal. Controls plumbing shall include a back flow preventer device. Connect into existing GFCI device. Location: Front of house. 7. Overhaul Irrigation System Lot $ II DO Purge, flush, and clear all irrigation piping. Replace all irrigation sprinkler heads. 8. Floritan Grass Sod Lot $ /0200 Strip the existing ground vegetation from the front yard which shall include areas from the street to the chain link gate on the east and west sides of the front door of the house. Level the soil and place Floritan grass sod in the front yard. Contractor shall be responsible to irrigate with the owner's water and shall keep the sod mowed and edged until the project is completed and closed out. Location: Front yard. 9. Trim Ficus/Rubber Tree Branches Lot $ /C>oO Cut back branches of the ficus/rubber tree in the back yard so that no branches shall be within fifteen (15) feet of the house. Cuts shall be to the next adjoining limb leaving no stub end. Tree shall then have 20% of the canopy trimmed. Contractor shall be responsible to remove the branches from the property without cost to the homeowner. Note: The intent of this scope of work is to eliminate the present danger of a branch from the ficus/rubber tree impacting the house during a wind storm. Total Bid Proposal: $ 131.f2.0."O I Boynton CRA\Williams Clara Page 5 of 5 ~~~<tY~T8~ eRA Ii East Side-West Side-Seaside Renaissance eRA BOARD MEETING OF: December 9, 2008 x I Consent Agenda I Old Business New Business Public Hearing Other SUBJECT: Approval of grant funding for Arden and Sandra Gayle up to $50,000 from the Homebuyers Assistance Program SUMMARY: Mr. and Mrs. Gayle are purchasing a single family residence located at 709 SW 2nd Street, the second of eight (8) R TG Construction built single family homes which were approved by the CRA Board to receive HAP program funding. Mr. and Mrs. Gayle's household income has been certified as moderate income per HUD 2008 guidelines. Mr. and Mrs. Gayle will execute the CRA HAP documents which require the CRA to share the equity in the event the property is sold within 30 years of closing date. 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 Project Fund Line Item 02-58300-473 - RTG Project. CRA PLAN, PROGRAM OR PROJECT: Home Buyers Assistance Program RECOMMENDATIONS: Approve up to $50,000 from the Homebuyers Assistance Program budget to assist Mr. and Mrs. Gayle in the purchase of 709 SW 2nd Street, subject to execution of the CRA's mortgage, note and agreement at the closing ofthe property. ;#~ '- Michael Simon Development Manager T:\PROGRAMS & GRANTS\Home Buyer Assistance\Gayle, Arden & Sandra\Gayle HAP Board agenda cover. doc . ~ BOYNTON BEACH FAITH BASED COMMUNITY DEVELOPMENT CORPORATION POST OFFICE BOX 337 . BOYNTON BEACH, FL 33425-0337 . PALM BEACH COUNTY PHONE (561) 752-0303 . FAX (561) 752-0302 Date: November 14, 2008 Client Name: Arden & Sandra Gayle Address of Property Being Purchased: 709 SW 2nd Street, Boynton Beach, FL 33425 (Boynton Hills Project - RTG Construction, Inc Jeff Wooster Verified Annual Income: $47,477.04 Moderate Family Size: 2 Purchase Price: $223,000.00 Maximum Mortgage Amount: $161,588.00 Mortgage Term: 30 year Fixed -360 Mortgage Interest Rate: 6.000 0/0 Other Subsidies Amount: Requesting: Boynton Beach CRA $50,000 - City of Boynton Beach SHIP $ 11 ,412 (To be determine) Applicant Funds: $6,600.00 Loan to value: 71.390% Front End Ratio: 34.906 % Back End Ratio: 36.953 0/0 I> -- / /./ ;1oofr Date ~~~<tY~T8~1eRA Ii East Side-West S"lde- Seas"lde Renaissance eRA BOARD MEETING OF: December 9, 2008 I x I Consent Agenda I Old Business New Business Public Hearing Other SUBJECT: Approval of grant funding for Ingrid Green up to $40,000 from the Homebuyers Assistance Program SUMMARY: Ms. Green is purchasing a single family residence located at 603 N. Seacrest Boulevard. Ms. Green's household income has been certified as moderate income per HUD 2008 guidelines. Ms. Green will execute the CRA HAP documents which require the CRA to share the equity in the event the property is sold within 30 years of closing date. In April 2006, the CRA purchased a home and two adjacent vacant parcels in an attempt to reduce legal exposure to the City of Boynton Beach for "down zoning" the properties as well as create new affordable workforce housing. Subsequently, a "Request for Proposals" was issued and the CRA Board awarded the parcels to the Boynton Beach Faith Based CDC for $10.00 to facilitate the construction of three new affordable homes on the once dilapidated home site. 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: $40,000 from Project Fund Line Item 02-58300-421 - Bond #2. CRA PLAN, PROGRAM OR PROJECT: Home Buyers Assistance Program RECOMMENDATIONS: Approve up to $40,000 from the Homebuyers Assistance Program budget to assist Ms. Green in the purchase of 603 N. Seacrest Boulevard, subject to execution of the CRA's mortgage, note and agreement at the closing of the property. ~~g, Michael Simon Development Manager T:\AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS\Completed Agenda Item Request Forms by Meeting\FY 2008 - 2009 Board Meetings\ 12-9-2008 Meeting\Green HAP .doc ~ BOYNTON BEACH FAITH BASED COMMUNITY DEVELOPMENT CORPORATION POST OFFICE BOX 337 · BOYNTON SEACH, FL 33425~0337 . PALM 6EACH COUNTY PHONE (561) 752-0303 . FAX (561) 752-0302 Date: November 17, 2008 Client Name: Ingrid Green . Address of Property Being Purchased: 603 N. Seacrest Blvd Boynton Beach, FL 33425 - Boynton Hills , Verified Annual Income: $43,944.00 (MODERATE) Family Size: 1 Purchase Price: $208,831.00 Maximum Mortgage Amount:' $144,130.00 Mortgage Term: 30 year Fixed rate FHA Mortgage Mortgage Interest Rate: 5.689%' , , Subsidy Request Amount: ,eRA $32,272.31 - City of Boynton Beach SHIP has committed $32,272:31 SHIP Funds Loan to'value:' 68.960/0 Front End Ratio: 34.577 % Back End Ratio: 44J~72% (Signature) . Date: 11-' / p- c2DtJ<i- Name: Ja es L Horne! Jr Title: First Time Homebuyer Coordinator """\, ~~~<tY~T8~ eRA iii East Side-West Side-Seas"lde Renaissance eRA BOARD MEETING OF: December9,2008 I x I Consent Agenda I Old Business New Business Public Hearing Other SUBJECT: Approval of grant funding for Ian and Tosi Rigby up to $50,000 from the Homebuyers Assistance Program SUMMARY: Mr. and Mrs. Rigby are purchasing a single family residence located at 717 NW 2nd Street, the third of eight (8) RTG Construction built single family homes which were approved by the CRA Board to receive HAP program funding. Mr. and Mrs. Rigby's household income has been certified as moderate income per HUD 2008 guidelines. Mr. and Mrs. Rigby 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 Project Fund Line Item 02-58300-473 - RTG Project. CRA PLAN, PROGRAM OR PROJECT: Home Buyers Assistance Program RECOMMENDATIONS: Approve up to $50,000 from the Homebuyers Assistance Program budget to assist Mr. and Mrs. Rigby in the purchase of 717 NW 2nd Street, subject to execution of the eRA's mortgage, note and agreement at the closing of the property. tid~1{1~ M chael Simon Development Manager T:\AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS\Completed Agenda Item Request Forms by Meeting\FY 2008 - 2009 Board Meetings\ 12-9-2008 Meeting\Rigby HAP .doc iii BOYNTON BEACH FAITH BASED COMMUNITY DEVELOPMENT CORPORATION 2191 NO. SEACREST BLVD. - BOYNTON BEACH. FL 33435 - PHONE: 561-752-0303 -FAX: 561-752-0302 APPLICANT PROFILE / ANALYSIS DATE: /V'o Vtn'l bit J LjJ(}DOrt ! CLIENT NAME Ian & Tosi Rigby ADDRESS OF PROPERTY BEING 717 NW 2nd street, Boynton Beach, FL 33425 PURCHASED VERIFIED ANNUAL INCOME $57,551.16 (Moderate) FAMILY SIZE 3 PURCHASE PRICE $235,000.00 MAXIMUM MORTGAGE AMOUNT $188,237.00 MORTGAGE TERM FHA 30 years Fixed -Rated (360/360) MORTGAGE INTEREST RATE 6.000% LOAN TO VALUE 78.723 FRONT END RATIO 34.430 BACK END RATIO 34.951 OTHER SUBSIDIES REQUESTED: 1. Boynton Beach CRA $50,000.00 x;)~ Ja fesL Horne Hoh'ie'buyer Coordinator DATE: //~ ;! V -/ ;?tJO? C:\Documents And Settings\Comp~ Owner\Desktop\Applicant_Profile%5B 1 %5D%20origina1[1 ].Doc Rigby.Doc ~~~<tY~T8~ eRA iii East Side-West Side-Seaside Renaissance eRA BOARD MEETING OF: December 9, 2008 I X I Consent Agenda I Old Business New Business Public Hearing Other SUBJECT: Approval of grant funding for Jeffery and April Eddings up to $40,000 from the Homebuyers Assistance Program SUMMARY: Mr. and Mrs. Eddings are purchasing a single family residence located at 210 NE 13th Avenue. Mr. and Mrs. Eddings' household income has been certified as moderate income per HUD 2008 guidelines. Mr. and Mrs. Eddings will execute the CRA HAP documents which require the CRA to share the equity in the event the property is sold within 30 years of closing date. In April 2006, the CRA purchased a home and two adjacent vacant parcels in an attempt to reduce legal exposure to the City of Boynton Beach for "down zoning" the properties as well as create new affordable workforce housing. Subsequently, a "Request for Proposals" was issued and the CRA Board awarded the parcels to the Boynton Beach Faith Based CDC for $10.00 to facilitate the construction of three new affordable homes on the once dilapidated home site. 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: $40,000 from Project Fund Line Item 02-58300-421 - Bond #2. CRA PLAN, PROGRAM OR PROJECT: Home Buyers Assistance Program RECOMMENDATIONS: Approve up to $40,000 from the Homebuyers Assistance Program budget to assist Mr. and Mrs. Eddings in the purchase of 210 NE 13th Avenue, subject to execution of the CRA's mortgage, note and agreement at the closing of the property. ~~~ Michael Simon Development Manager T:\AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS\Completed Agenda Item Request Forms by Meeting\FY 2008 - 2009 Board Meetings\12-9-2008 Meeting\Eddings HAP.doc H IV1 l ',<, ~ '-~OlmU"'h, D " t" ,11'1 evelopmr.nr I..,f.'n t", 'M.~ Klijr, I; POBOX 790 * BOYNTON BEACH, FL 33425 ' 2018 BOYNTON BAY cr BOYNTON BEACH FL 3342~ PH 561.737-6313 FAX 561737-8251 OR EFAX. 1888-481-1117 rrD LE!E!cQ~yarlOo.c:on- APPLlCANT(S) NAME PROPERTY ADDRESS I SALESPRI~---- -----.- ~--------- f LEGAL DESCRIPTION/PARCEL ~UMBE~. . VERIFIED ANNUAL INCOME ~- ._--~---_._---- -->-- ! FAMILY SIZE ~:~::~~~::~HY u_n _ __ .. I LENDER r LENDER CONTACT/PHONE NUMBER r MORTGAGE AMOUN~_._____== i MORTGAGE TERM ~MORTGAGE INTEREST RATE -.-,------ r LOAN TO VALUE ---- . --.------ ~-FRo'NT END RATIO- --- ----------.-- ~ -_..._~, -~----~-- i BACK END RATIO [- SUBSIDY-~~~U~STED: I ! APPLICANT PROFILE / ANALYSIS , JEFFERY EDDINGS & APRIL EDDINGS - - ..1 _.________..__.___.__~_ __.__ ___._ f210 NE 13TH AVENUE, BOYNTON BEACH, FL 33425 , --1--____ .---- : $206,000 L_ _ __ '_ _ . _________ ___ __ '__ ~- ~- -- .-- --- -.-. - -- ; LOT 10, BLK 3, HAPPY HGTS/08-43-45-21-20-003-0100 $48,745.92 r 5 LOW -------..---------..- -- $206,000.00 I GUARDIAN FINANCIAL ~----'_.~. -- -- -- - ..- --- -------~.-._._---- - - PATRICIA TRACEYj561-712-9777 -------..,------. $125,000.00 i u_. 13'0 YEARS!360 M--ONTHS 7?/~1 60% 28.435% 28.435% 1. CRA: $35,000.00 2. CITY OF BOYNTON BEACH: $35,000.00 Income Calculation Worksheet APRIL & JEFFERY EDDINGS Name: April Eddings LOWES: Regular: $11.11/hrly X 2080 = $23,10880 Name: Jeffery Eddings Bethesda Hospital: Regular: YTO (thur 11/13/08) $17,812.28/10.5 months = $1,696.41 /monthly Annual Income: Jeffery $20,356.92 Social Security Income: $440.00 X 12 mos $5,280.00 Gross Household Income: $48,74572 Income Category: LOW ~~~~Y~Te~ eRA iIIi East Side-West Side-Seaside Renaissance eRA BOARD MEETING OF: December9,2008 Old Business New Business I I Public Hearing I I Other I I X I Consent Agenda I SUBJECT: Approval of Michael B. Schorah & Associates, Inc.'s Marina Survey Bid Proposal in the amount of$19,300.00 to perform topographical and under ground utility surveys for the Boynton Harbor Marina Master Redevelopment Project construction drawings. SUMMARY: At the August.14, 2007 CRA Board meeting, MCSW, Inc. was authorized to perform conceptual design services and strategies for the redevelopment of the Boynton Harbor Marina under Work Order # 07-0124. Subsequently, the CRA Board approved the Conceptual Boynton Harbor Marina Master Redevelopment Plan at their June 10, 2008 meeting. In order to move forward with the architectural design and construction drawing phase of work for the CRA's Boynton Harbor Marina Master Redevelopment Project, comprehensive topographical and underground utility surveys must be completed. MSCW, Inc. assisted CRA staff with the solicitation and analysis of survey bid proposals from four qualified and experienced companies. As a result of the bid proposal process, Michael B. Schorah & Associates, Inc. has received a recommendation from MSCW, Inc. to perform the survey scope of work. FISCAL IMPACT: $19,300.00 from the $2,000,000.00 2007 PBC Waterway Bond Grant awarded to the CRA. RECOMMENDATIONS: Approval of Michael B. Schorah & Associates, Inc.'s Marina Survey Bid Proposal in the amount of$19,300.00 to perform topographical and under ground utility surveys for the Boynton Harbor Marina Master Redevelopment Project. ?/d~~ Michael Simon Development Manager T:\AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS\Completed Agenda Item Request Forms by Meeting\FY 2008 - 2009 Board Meetings\11 12-9-2008 Meeting\Schorah & Associates Marina Survey Proposal.doc I I - - ,"IE - III Michael B. Schorah and Associates, Inc. - ENGINEERS . SURVEYORS . DEVELOPMENT ,-= ONSUL T MHS _.\.>:1 ie-SO FOREST :-, ~ \.. ~~" "~ '.:;T ?:''\i...-M SEJ'.\CH. '.1.. 53~Ob :::HONE (g,6~) l;'b8..002[! FAX: (;'}61) b42-9726 'Hv.rJ4, SC f-" f',;.~ I~'; EB ~ 2"];8 November 10. 2008 MSCW. Inc. (Baldwin Park) 4750 New Broad Street Orianco. FL 32814 Attn: David Perry, RLA Re SurveYing Services ror Boynton Beach CRNfwQ Georges MarinaJBanana Boat (Future City of Boynton B€ach Harborside Marina) Dear Sir' We thank you for the opportunity to provide you '/;11th a proposal for surveying services ill accordance with the scope of services provided by MSCW, Inc. in connection with the above referenced property. Our proposal. for your consideration, is as follows: A. BOUNDARY AND TOPOGRAPHIC SURVEY 1. Assemble composite boundary survey drawing and digital file of aU recent or available surveys performed within project boundary. Includes field verification and replacement of all perimeter boundary monuments as necessary. 2. Provide updated topographic survey data ror all elements up to 50' outside of the project boundary and supplement the composite survey drawing prepared above. 3. Locate and identify all above ground utilities. structures. \I.talls or other freestanding elements 4 Locate and identify all storm water structures, incfuding !'leadwails, storm water pipe sizes, pipe inverts, manholes (including covers, rim elevations), catch basin pipe interconnections and pipe inverts 5. Provide spot elevations plus any changes in elevation and pavement/curb elevations 8. UNDERGROUND SUBSURFACE UTILITY INVESTIGATIONS & LOCATIONS 1 Coordination with one call utility locates to determine and marK utility lines within public easements or public right-of-way lines only. (One can does not incrude private utility Jines intemaJly within the subject site.) 2. Coordination and subcontract with Ground Hound Detection Services, Inc. to locate private subsurface utility lines within the subject site. Includes pot holing and soft dig techniques (maximum of 10) to verify (where necessary) water, sewer, cable and gas lines CIVIL ~ '3rRIJCTURb.L . DRAII~AGE . HiGHW.b..YS. WATER 8. SEWER. 'oUR,' l>HCH;\EL B. SCHORA'H & ASSOCiATES, INC. Future Harborside Marina November 10, 2008 Page 2 3. Field survey to locate markings, pot holes, and soft dig locations. Plot utility lines on composite drawing. C. TJiLE ABSTRACT AND REVIEW 1. Coordinate and subcontract with certified title company or law firm to provide current title search and enbumbrance report of the project boundary area. 2. Review title documents to determine resurts on the drawing, Including fuU notation and reference for recorded ownership, lease parcels. and public or private easements. NOTE: The scope of services quoted in this proposal does not Include a mean high water SUlVey, tidal study or hydrographic features. FEE SCHEDULE SURVEYING SERVICES Michael 8. Schorah &: Associates. Inc. ITEMS A 1-A5 (BoundaryfTopographic Survey) .... ................... ............................................$ 9,700.00 ITEM B3 (Field Survey of Underground Utility Markers Placed by Subcontraclor).........."..$ 2,800.00 ITEM C2 (Identify Ownership & Easements on Drawing) ...........................00.......................$ 900.00 TOTAL FEES FOR SURVEYING SERVICES ....... ................................,..............................$13,400.00 SUBCONTRACTORS Ground Hound Detection Services, Inc. ITEMS 81-82 (Provide Underground Utility Locations/Investigations) .,........................"........................................See attached Ground Hound Detection SeiVices, Inc. proposal ITEM C1 (Title Abstract/Encumbrance Report).......................................................,.............$ 2,OOO.OQ The fees quoted herein will remain in effect for a period of nine (9) months from the date of this proposal, after whicl1 time they may be subject to re-evaluation for the incomplete portion af the work. Sincerely, /' ~ (7 0tdt1J2/ &Jc4tu( MiChael B. Schorah, PE President LL ~?Q c~~ Pusey, ?s7. Survey Manager Attachment(s); Acceptance Statement; Schedules "A" and "S": Proposal from Ground Hound Detection Services, Inc.; and .pdf of project site lfmits jf \1ICHAFL ji, SCIl(lfP,H &. ASSOCIATES, 11\'C. ACCEPTANCE STATEMENT This proposal, as submitted Of the attached agreed addendum together with Scheduies '<A" and "6", has been reviewed by the undersigned and is ;;'lccepted at the fees quoted herein. Signed: Date, Name and Title: (Please print or type) M1CHAEl. B. SCHORAH & ASSOCIATES, iNC. SCHEDULE" A'. OWnership of Documents Michael B. Schorah and Associates, Inc., will retain ownership of the original documents pertaining to this project and will not release copies of the same without authorization from your agent. Resident Project Services On any project for which constr!,iction drawings and specifications were prepared by the Engineer and a work certification is required by a regulatory agency, the Client shall employ the Engineer to perform resident project services for observation of the construction work. Unless the Engineer is enga..ged for resident project services, they will not be in a position to certify the work to those regulating agencies having jurisdiction and requiring certification. Project representation may require one or more full or part~time project representatives, depending upon the requirements of the project. The project representative wUl endeavor to provide protection for the Client against defects and deficiencies in the work of the contractor. However, the fumishing of resident project services does not guarantee the work of the Contractor, nor assume liability on the part of the Engineer for job safety or the performance of the Contractor. Estimates Since the Engineer has no control over the cost of labor and materials or over competitive bidding and market conditions, the estimates of construction oost provided for herein are to be made on the basis of experience and qualifications. Accordingly; the Engineer does not guarantee the accuracy of stich estimates when compared to the Contractors' bids or the project construction cost. T arms 1. Any additional engineering and/or surveying required due to substantial changes requested by the Developer/Owner, shall be billed on an hourly basis (see Schedule "S").. 2. Reimbursable expenses shall include printing, courier service Of necessary) and travel time if outside Palm Beach County. It is further understood that faifure to make payment in full within 45 days from receipt of involce(s) will cause a service charge of 1 1/2% per month to be added to unpaid balances with the maximum of 18% per annum. Also. the Engineer may elect to delay the performances of further services until such time that payment is made. If the condition of nonpayment continues to exist, the Engineer reserves the right to terminate the contract and retain all payments received thus far. Also, the Engineer shall be entitled to recover from the client, total compensation for all work completed to date of termination, together with reasonable attorneys fee and interest on unpaid balances from the time the unpaid invoice(s) were due. - If the project is abandoned, the total hours expended, above and beyond those covered by the retainer, shall be bllled at the hourly rates as listed on Schedule "B". No portion of this agreement shall be deemed waived unless such waiver is In writing and signed by the Engineer. \iiC1!XEl. B. SCHOPAH &. ASSOCIATES, INC ,ENGINEERS: SCHEDULE "S" Schedule of Hourly Rates and Other Charges a. Grade I b. Grade 11 c. Grade 1ll d. Grade IV e. Grade V f. Principal ::::: $ 80.00/hr ::: $100.00/hr. ::: $125.00/hr. ;:::: $145.00ihr. ::::: $185.00/hL ::: $235,00/hr CADD TECHNICIANS: a, b. c. d, Grade I Grade II Grade III Grade IV $ 60,00/hL $ 65.00/hL S 75,00/hr. $ 85 GO/hL ::: ::::: ::::: ::: RESIDENT PROJECT REPRESENTA TlVES: SURVEYORS: $ 70.00/hf. a. Inspector ::::: a, b. Grade I Grade I! Professional Surveyor & Mapper (P,S,M.) Manager (P.S,M,) $ 75.00/hr $ 95.00/hr. $145.00/hr S190.00/hl ::: ::::: c. d ::::: FIELD PERSONNEL: a, b. c. Two-Man Crew Three-Man Crew G.P.S. services w/PSM operator $ 90.DOihe $105.00/I1r. $15D.OOlhr. ::: :::: ::: ACCOUNTING AND SECRETARIAL PERSONNEL: a. General Office b. Clerk/Receptionist c. Senior Secretary d. Bookkeeper e. Contract Administration f. Office Manager :::: $ 40.00/hr. - $ 40, OO/hr = $ 55.00/hL ::: $ 60.00/hL ::::: $ 55.00/hr. ::: $ 80.00/hL {Continued) MICHAEL B. SCHORAH & ASSOC1ATES, INC. Schedule tS' (Continued) OTHE:R CHARGES: EXPERT WITNESS SERVICES: a. b, Pre-Trial Conferences Courtroom TesHmony including "on call" time at courtroom REPRODUCTIONS: a, b. 8lueline Prints (in- house) Photostats, mylar reproducibles, Outside Printing, Maps, and Documents Review, Permit, and Recording Fees: SERVICES OF OUTSIDE CONSUL TANTS: Electrical/Mechanical Engineering, etc. Testing Laboratories, Photogrammetry, Title and Abstracting Services, etc. TRA VEL EXPENSES (if authorized by Client) = Standard Hourly Rates =: $400.00Ihr. 4 hour minimum charge per day for Courtroom appearance :: $~.OQ/each :: AT COST AT COST ::::: AT COST = $O.351mUe Ei,,-I:> GRo'u'Ii"!) HO\iNf:i~iihECT10~SmT'fEfiNfi; A Professional Otility L{)(.~nting Sei'vl(.e November 10, 20{18 !vir. Craig S. Pusey Michael B. Schorah & Associates, Inc. 1850 Forest Hill Blvd Suite 206 West Palm Beach, FL 33406 Re; "Boynton Harbor Marin3, Boynton Beach" VIr. Puse.y, Ground Hound Detection Services, Inc. CGHD) is pleased to provide the follo\\-mg proposal for utility locating services ilt the above referenoed project. Electromagnetic induction (EM) &"1d Ground Penetrating Radar (GPR) win be used to identify dcter..;table utilities. As depicted ill the provided map contained in your email datedonNovember9.ZOOg.GlID will survey the outlined area for 8-I1Y detectable water, sewer, FPL, AT&T and CATV main feeding utilities for design purposes. The provided site map depicting the area shaH be considered a part of thi.s proposaL As an option, GHD can coordinate with all public utilities to acqtdrc any available recorded documentation a.~ it relates to the project. GHD will use this acquired information to perform/verify horizontal locations of any de!et.iable utilities for dc:sign!survcy purposes. GHD will 1Cvic\-v its discoveries with on site personnel/surveyors. A (.':(lPY of the completed Survey must be supplied to this office for review of errors and omissions. DESCRIPTION OF SERVICES; A GPR unit can assist in identifying n.onmetallic utilities and other structures that are unidentifiable using traditional electromagnetic tec1miquc5. The GPR method transmits electromagnetic waves, which are puJ.sed at discreic distance/time interyals. The transmitted pulse radiates thrOUgll the earth whereby a portion of the energy is reflected from interfaces of contrasting electrical propelties (e.g. pavement and soit interface, soil stratigraphic changes, mld buried metallic objects) whik 1110 remaining energy continues until reaching additional reflectors where the process is repeated. Reflected cner!:,') is received by tho antennae and recorded for tatcr proceSSh'1g and interpretation. Factors such as soil moisture, clay content and variations ill the dielectric COilstants of materials control the effectiveness of tile GPR method. Wet conducti \'0 soils siWercly attenuate GPR signals and thus effective tile depth of exploration. GPR eller<!,y canDot transmit through ferrous objt."Cts since metal acts as a pure reflector. ill order to accurately conduct a radar survey, orthogonal sca:ns must be made across the target area, Confined or obstructed areas that restrict the scanning pattern can impede the data c..ollccted and redm;e tho aCC!lracy of the desired results. Electromagnetic h'1.duction is a method ill \vnich a transmitter signal is applied by directly coupling to a target. As long as the larget is metanic, a receiver is used to detect tbe lransmit~cd signal. Passive detection is another technique use4 to locate naturally occurring magIietic fields that exist nu power cables generating a 50/60 Hz signal. Additionally, passive VLF signals eanbe detected OIl oUler metallic utilities flIat are typically long in length and are well gl'Ounde.d electrically. A camera system is used to identifY horizontal routing of sarritmy/drainage systems within the boundary of the pr~jectProvided that the system is accessible and passable, the camera wiB allow us to view features within the system. Any anomalies within the system will be noted. The camera system can only be used and inserted in pipe measuring 2" to 8" inches in diameter. 2930 NW Commerce Park Dr. Suite 1 Boynton Beach; FL 3342G PHONE: (5e1)737.9800 FAX: (561)737.1742 WEB: WWW.groundllound.oom EMAIL: info@groundhound.oom Page Two Mr, Craig $. Pusey November 10, 2008 DESCRTPTfON OF SERVICES (oontinued): Vacuum excavation is a Ill)n-destructive technique used to safely expose utilities using a combination of compressed and vacuum air. Once the utility has been exposed, vertical elevation. diameter and material type call be obtained. Conditions such as groundwater, h~ rocky soils, sub--surface obsln)ctions and tatgcts at deep elevations oan limit the effectiveness of vacuum excavation. Targets beyond the limitations of the Vacuum system. may be "probed" ~ith an air lance. This technique is effective in detennining elevation but may be ineffective for determining outside diameter and material type. Duct banks, large diameter targets and sfnlctures often require multiple excavations in order to acquire desired information. Loc::!ting underground utilities is not an exact science. Therefore, Gr~d Hound Detection Servloos. Inc. (GHD) expresses no guarantees that using one or any of the available technologies for identifying utilities/structures \-\lill identifY an utilities/structures and/or meet the objective of Uris or any individual project. Mi~hael 13. Schorah & Associates, rne.understands that limitations ,,\'ifuin the available technology, the complexity of site conditions and ~ces beyond the otm1ml of GHDmay limit ,the pcl'fc'IUlancc/results of the GHD'g services. Project OitI'I1er's. Micll8C1 B. Scbomh & AssOciates, me.and any of its Suboontrnctors shall lmld harmless and indemnify GfID agaInst any and all losses as a result of inability to locate or mislOCllte due to limitations \vithill the available lec1mology, the complexi.lyof site conditions and circumsmnces beyond its control, but not against negligence on the part of (;HD or its employees, The senices provided by GHD shall be performed in accordance with generally aCC<.,-pted profe"sional prdctices as related to the nature of services performed. Payment. to GHD shall not be contingent upon its performance or f(,.osults due to any limiting CCJudition as described. This proposal ~Dstitutes the entire agreement between fhe pa.rties. The ~t may not be altered, modified or conditioned in any rupect withoqt the prior written eenscnt of all parties. Docurmntil such as but ont limited to "change orders", "purchase onlers", sub-contract agreements, and statemen.ts of tenns aDd cmtditions of work shall reqtdrc prior 1\Tii'tcn acceptance by GHD to be binding. Payment w GHD for work perfol'tfl(ld pursuant to this proposal JIhaII not be contingent upon GHD's consent to any pmpnsed alteration, modifieation or condition to the a~ment. COl\i1JITIONS: Locating underground utilities for designlprc,..cXcavation: .. Utility lo~ons are being provided in an aUempt to prevent or reduco the likelihood of damage during excavation and lor provide design information. · Areas to be su.tveyed must he level and free of obstructions. lit Results are dependent upon field conditions at the time oflocating services. · GHD's inability tn complete the project due to delays, conditions outside GHD's control does not void this contract. · If GHD is to produce a map (optional, additional fee), customer is respQnsible for providing an electronic AutoCad fIle for GHD to map its discoveries. If 3 file is not available, additional cosls and time to produce the drawing are likely. · Maps/dra'\-\ings produc.oo by GOO are not considered to be <~survey grade" drawings. GHD will include dimensions from a fh.-ed feature in the field/drawing to the horizontal position of the target being depicted. Drawings are not prepared by a licensed Engineer, Surveyor or Draflsman. III add.ition, drawings are not prepared to any State survey or drafting standard. · If GHD reviews its discoveries with others responsible f'Of data cOllection, a copy of !be drawing is to be: made available for GHD to review for target errors and omissions. · APW A standards are used for marking. " GHD is not responsible fOT, moved, altered, obliterated or maintaining marks. GOO will impose an additional fee to relocate/remark facilities. " If underground facilities are damaged, '.vhother marked by GOO or not, it is your obEgaiion to notify a representative of GHD within 48 hours of l1H~ damage Page TIlfi~e lv1.. Cralg S. Pusey November] 0, 2008 CONDiTIONS (continued) .. GHD is oot a substitute for Chapter 556 of the 8-, State St.atute (Underground Facility Damage P.rcycntlon and Safety Act). Prior to project construction, excavating contractor is responsible for securing locations of public utilities through Sunshine State One CaU of Florida (800-432-4770). .. Any available as-builts, engineered or other record drawings with regards to any utilities within the project limits shall be made available to GOO for its review prior to connnenccment of field work c The performance of GHD's services is limited to full and uMbstructed access to include but not limited to: mechanical rooms, manholes, hand holes, vaults, meter rooms, telecom roOIDS, fixtures (plumbing, electrical, communication), dispensers, fenced compounds, tanks an.d stnlctures. Full cooperation from tl:le on site persoIUlel is necessary to perform a complete survey. COST ESTHvIA TE: li'Le..f:Li':'f!lllagne!ic & CPR Siirvev II f'crrol111!n;)rify horizonta11ocations of existing utilities using EM & GPR tec.hniques. .. Mark selected targets on b1e ground surface as necessary. .. Review all discoveries with on-site personnel! surveyors. 0\ Initiate design ticket through "One-Call" Center.(optionaI) '" Coordinate ..vith utility O\wers to ohtain any available documentation as i1 relates to this project (optional) EM & GPR Survey 1 days !e!!. $1,700 Utility Coordination (optional) $3.400.00 '$ 500.00* *Portions of this project inciudf! P<-dhlic Right-Of ways. 1Jufl'ejOl'e, GND CaJ"J cOQrdinate and obtain all recorded infiNmafton Yi'ith regards to publicutilJties. In '\'oine instances it can take up to three Voleeks to acquire all available data. ~*VaCU1JJn J;.;:::cavatiol!. >>> Perfarol vacuum e,xca.vation, record all pertinent information. . Provide test hole data sheets depicting our discoveries. >'i Provide vacuum excavations at to be determined lUllisi arm location for deanh"lCe purposes_ Soft Stu"face Excavation Hard Surface E.xcavation Maintcnance-of-Trail'ic $215/excavahon $300!excavation*** $50-$350.00 '" "'there is a finfr ex'cul'ation minimum. ,*U(;Hl) will not he responsible/or removal or repair Q,/ any llttcltum excavations requ~1edftiJibtg in hrick paw!r o:reo..~. Page Four !vIr. Craig S. Pusey November 10, 2D08 The above cost is effective. jar 30 days from the date O'f this proposal. Costs are ~bject to change upon unforeseen CtJf1dition including, but is not limited 10: restoration requirements, Mainte.nance-ai-Traffic (MOT) and/or alty other requirements set forth by any guvemfng agencies which may have jurisdictit)11 oller the project. Any changes will be negotiated accordingly. All service rates include a nvo man crew. Field time /'110}' be reduced by ustn.f? added crews. Additional crew members are billed out at .'GIll.50/man hr. Provided, in no event shall payment fo GHD be made later than 45 days from submission af its iJ1Voice, irrespeciive afContractors receipt afpaynumtfrom Owner. Mr. Pusey, thank you for allowing us to present this proposal. Should YOIl bave any questions please COl1trd me at: 561~ 737-9800. Sincerely. S~an Halsey. .~ea Manager Ground Hound Defection Senices. Inc. Accepted by Title Print Name of Signor - Date .1ft~ ~f '. C,p.s,A Lo-MA f1Gu~. :.t..._ !) [... ('l\ 1>- <. >- ;;: i\\ :1 ] " ~ ,)'. ~ \ ,,,",- l k ~~~<1:Y~T8~lC RA . East Side-West Side-Seas",de Renaissance eRA BOARD MEETING OF: December9,2008 x I Consent Agenda I Old Business New Business Public Hearing Other SUBJECT: Approve Rescission of Human Resources Interlocal Agreement (ILA) SUMMARY: In January 2007 the CRA and City entered into an ILA (copy attached) to permit the CRA to utilize the City's Human Resource services for: (1) Access to Services - participation in the annual emollment benefit policies; participation in New Hire Orientation for benefits; access to City's benefit consultants; access to City's Benefit Administrator for consultation. (2) Recruitment - testing, advertising, application review; criminal background screening. (3) Records Management - personnel file management as requested by the CRA. (4) Special Projects - specific consulting services, exit interviews, reclassification analysis and HR investigations. The cost to the CRA is $6,000 per year or $500 per month exclusive of special projects and HR investigations at a cost of $150 per hour. With the exception of item (1) above the CRA was not utilizing the services available under the HR ILA. With a decrease of $1.2 million or 13% in revenue for the new fiscal year, this program was eliminated as part of the budget approved on September 2,2008. FISCAL IMPACT: $6,000 savings in FY 2008/2009 RECOMMENDATIONS: Rescind the HR ILA ~?+~ ~ HarrIS Finance Director T:\AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS\Completed Agenda Item Request Forms by Meeting\FY 2008 - 2009 Board Meetings\11 12-9-2008 Meeting\Rescind Human Resources ILA.doc CITY CLERK'S OFFICE MEMORANDUM TO: Sharyn Goebelt Director, Human Resources FROM: Janet M. Prainito City Clerk DATE: February 15, 2007 RE: R07-012- Interlocal Agreement between CRA and City for Human Resource Services Attached for your information and files is a copy of the agreement stated above that was approved by the City Commission at their meeting on January 16, 2007. Thank you. &.t,m, ~ Attachment 5: \CC\WP\AffiR COMMISSION\Departmental Transmitlals\2006\Sharyn Goebelt-09-13-2006.doc l~tF ~~ "., ,; ...... 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 RESOLUTION NO. R07- 0 { [)... A RESOLUTION OF THE CITY COMMISSION OF BOYNTON BEACH, FLORIDA, APPROVING THE INTERLOCAL AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND THE BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY TO. PROVIDE HUMAN RESOURCES RELATED SERVICES TO THE eRA; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Interlocal Agreement permits the Boynton Beach Community 16 Redevelopment Agency (eRA) to utilize the City's Human Resource services including 17 participation ion the annual emollment for medical and related insurance policies, 18 participating III New Hire Orientation for benefits, assistance with recruitment, records 19 management as well as access to City Human Resources staff for Human Resources 20 questions; and 21 WHEREAS, the City Commission of the City of Boynton Beach, upon 22 recommendation of staff, deems it to be in the best interests of the residents and citizens ofthe 23 City of Boynton Beach to approve the Agreement between the City of Boynton Beach and 24 Boynton Beach Community Redevelopment Agency pemlitting the CRA to utilize the City's 25 Human Resources Department for Human Resource related services. 26 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMl\lISSION OF 27 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 28 Section 1. Each Whereas clause set forth above IS true and COlTect and 29 incorporated herein by this reference. 30 Section 2. The City Commission of the City of Boynton Beach, FlOIida does S:\CA \RESO\Agreements\Interlocals\TLA with eRA (HR Services).doc II hereby approve the Agreement between the City of 80)'11ton Beach and the Boyntoll HeaCl 2 Community Redevelopment Agency pennitting the BO\>11(on Beach ('umllllli1l1\ 3 Redevelopment Agency to utilize the City's Human Resources department for H ti III an 4 Resource related services, a copy of said Agreement is attached hereto as Exhibi1 "A" 5 Section 3. That this Resolution shall become effective immediately upon passage 6 PASSED AND ADOPTED this. l{b day o fJan uary, 2007 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 t 'm.~ Vice MaY<?l>JOSJ ~..~_.,~'--~ ~ /" /,/" u~ ;7 ~/ .- ~. ~ ~~~~~ CO~E~;SeT=' .' i _' /r ----- \~~/.... .-- 23 24 25 ATTEST: 2 30 31 32 SICA IRESOI/\greementsllnterJocalsIILA with CRA (HR Services).doc R 0 1 - C) t;).... INTERLOCAL AGREEMENT BETWEEN THE BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY AND THE CITY OF BOYNTON BEACH FOR HUMAN RESOURCE SERVICES 1 THIS AGREEMENT is made and entered into this ~ day of Febru.a....rf1l ' 200fi:' by and between the BOYNTON BEACH COMMUNITY REDEVELOPMENT A ENCY ("CRA") and the CITY OF BOYNTON BEACH ("CITY") (collectively refened to as "the paliies"). ' WITNESSETH WHEREAS, the CRA is a public Agency created pursuant to Florida Statutes Chapter 163, Part III and has as its purpose the redevelopment of portions of the City of Boynton Beach located within its geographically designated redevelopment area; and WHEREAS, the City is a Florida municipal corporation; and WHEREAS, the parties hereto desire to enter into an Interlocal Agreement in order for the CITY to provide Human Resource Services to the CRA. NOW THEREFORE, in consideration of the mutual covenants and promises herein contained the parties hereby agree as follows: 1. Term. The term of this Agreement shall be on a fiscal year basis commencing on and ending on September 30, 2007, with automatic renewals each year unless otherwise terminated in writing by the paliies at least 30 days before the termination date. 2. Scope. (a) Access to Services: Participation in the alIDual enrollment for medical and related insurance policies; Participation in bi-monthly New Hire Benefit Orientation meetings; Participation in the City's Wellness Fair; Access to CITY consultants for customer service regarding benefit plans and customer service issues; Access to Benefit Administrator for questions and consultation. (b) Recruitment: Clerical skills testing; Advertising to fill vacant positions; (utilization of Bayard Advertising for reduced rates); Collection and review of applications for completeness; Conduct criminal background screening with third party vendor. Costs associated with advertising and background screening will be paid for by the CRA. (c) Records Manager: Personnel file management as requested by the eRA. (d) Other: Access to HWllan Resomces staff bye-mail, phone, or scheduled appointment for day to day Human Resources related questions; Access 1\ City Policies and interpretation; Access to City's Human Resource.' Director or other appropriate personnel regarding applicable human resources-related legal requirements and compliance with such requirements. The Human Resources statT does not__J2!"9vide l~] Opll1lOns. (e) Special Proiects: Specific Consulting Services (other than the consulting services described in (a), (b), (c), and (d) above); Exit Interview~;: Reclassification Analysis; HWl1an Resources Investigations. The CITY will be responsible for providing the following Organizational Development Service to the CRA: (f) Training: Boynton Beach Learning Center class participation; Computer Training; and On-Line Class participation. 4. Cost. The CRA agrees that it will pay FIVE HUNDRED DOLLARS ($500.00) per month for the services listed in (a), (b), (c), and (d) above. The CRA further agrees that it will pay ONE HUNDRED FIFTY DOLLARS ($150.00) per hour for the services listed in (e) above. The services listed in (f) above shall be paid by the CRA at a rate of FIFTY DOLLARS ($50.00) per class per student. 5. Office Location. The City's Human Resources Department is located at City of Boynton Beach City Hall 100 E Boynton Beach Blvd. Boynton Beach, FL 33425 (561) 742-6275 6. Applicability of Sunshine Law. The parties hereto agree that the conduct of the affairs of the Human Resources Department shall be in accordance with Chapter 286.01 L Florida Statutes, governing the Sunshine Law and that the records of the Human Resources Department shall be deemed Public Records pursuant to Chapter 119, Florida Statutes. and administered accordingly. 7. Governin2 Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. 8. Severability. If any provision of this Agreement or application thereof to any person or situation shall to any extent be held invalid or unenforceable, the remainder of this Agreement, and the application of such provisions to persons or situations other than those as to which it shall have been held invalid or unenforceable shall not b~ affected thereby, and shall continue in full force and effect, and be enforced to the fullest extent' permitted by law. 9. Entire Aereement. This Agreement constitutes the entire understanding of the parties and any previous agreements, whether written or oral, are hereby superseded by this Agreement. This Agreement may be modified in accordance with Paragraph 11 below. 10. Modification of Aereement. This Agreement may be modified upon mutual consent of the parties only in writing. 11. Bindine Authoritv. Each person signing this Agreement on behalf of either party individually warrants that he or she has full legal power to execute this Agreement on behalf of the party for whom he or she is signing, and to bind and obligate such party with respect to all provisions contained in this Agreement. 12. Disputes. In the event of any dispute arising among the parties with respect to the interpretation of the respective rights or obligations provided for by this Agreement, the same shall be resolved by mediation with such mediation to be conducted between the City Attomey and the CRA Attorney. If mediation is unsuccessful, any and all legal actions necessary to enforce this Agreement will be conducted in Palm Beach County, Florida. No remedy herein conferred upon any party is intended to be exclusive of any other remedy, and each and every such remedy given hereunder or now or hereafter existing at law or in equity or by statute or otherwise. No single or partial exercise by any party of any right, power or remedy hereunder shall preclude any other or further exercise thereof. 13. Interpretation. This Agreement shall not be construed more strictly against one party than against the other merely by virtue of the fact that it may have been prepared by cOlUlsel of on of the parties. 14. Notices. Any and all notices required or permitted to be delivered pursuant to the terms of this Agreement shall be effective upon receipt, but in any event no later than three (3) business days after posting by U.S. Mail, certified or registered, postage prepaid or one (1) business day after deliver to an expedited courier service such as Federal Express to the addresses listed below. Any of the parties described herein may change their address by giving notice to all other pa.I1ies set forth in this subsection. If the CITY: City of Boynton Beach 100 East Boynton Beach Boulevard Boynton Beach, Florida 33425 Attn.: Kurt Bressner, City Manager With Copy to: James A. Cherof, City Attomey 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 3 If the eRA: Boynton Beach Community Redevelopment Agency 915 S. Federal Highway Boynton Beach, Florida 33435 Attn.: Lisa A. Bright, Executive Director With Copy to: Kenneth G. Spillias, Esquire Lewis, Longman & Walker, P.A. 1700 Palm Beach Lakes Boulevard, Suite 1000 West Palm Beach, Florida 33401 15. the parties. Effective Date. This Agreement shall become effective on the date last signed In COMMUNITY REDEVELOPMENT AGENCY :;THi~4~BEACH Chaijnan ~ . fC,A' tJ 5. itJ,'7 A~~ Vv Ik Date __{.L::Zl~~_'__--' Lisa Bright, Executive Director ~ CITY OF BOYNTON BEACH By ~p~ (jMay . I Date: fO~-OJ-07 Attested by: ~__ i 'UA~ Kmt Bresner, City Manager l:\Clienl Documenls\Boynton Beach CRA\24I 9-000\AgreemenlslFinal Human Resources ILA (2) doc ~~.; I . n . jl APPROV~S? It~: .1J..~;/ I ,tfi ,._____ CITY ATTORNEY 4 1!~~qY~Te~ eRA . East Side-West Side-Seaside Renaissance eRA BOARD MEETING OF: December9,2008 x I Consent Agenda I I Old Business New Business Public Hearing I I Other SUBJECT: Approve Revised Benefits lnterlocal Agreement (ILA) SUMMARY: In February 2006 the CRA and City entered into an ILA (copy attached) to permit the CRA to utilize the City's benefit plans for medical, dental, vision and life insurance coverages. The City has requested an amendment to the ILA due to the fact that benefit consulting services fees will no longer be included as part ofthe premium rates (see attached letter dated October 14,2008). The monthly cost to the CRA is $8.20 per employee or $73.80 for nine employees. FISCAL IMPACT: Annual Cost: $885.60 FY 2008-2009 approved in General Fund 01-51420- 204. RECOMMENDATIONS: Approve the revised ILA. ~R~ Susan Harris Finance Director T:\AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS\Completed Agenda Item Request Forms by Meeting\FY 2008 - 2009 Board Meetings\11 12-9-2008 MeetinglApprove Revised Benefits ILA.doc FIRST AMENDMENT TO INTERLOCAL AGREEMENT R06-059 This First Amendment to Interlocal Agreement, is made and entered into this 9th day of December 2008, by and between the CITY OF BOYNTON BEACH, a municipal corporation of the State of Florida, hereinafter referred to as "City," and BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY, hereinafter referred to as "CRA." WITNESSETH; WHEREAS, this First Amendment is entered into pursuant to ~163.01, Florida Statutes, also known as the "Florida Interlocal Cooperation Act of 1969"; and WHEREAS, the CRA and the City entered into an Interlocal Agreement dated February 14, 2006 (the "Interlocal Agreement"); and WHEREAS, pursuant to the Interlocal Agreement the City has heretofore provided the CRA with the ability to utilize existing City agreements with providers of health and other insurance, thereby allowing CRA employees to participate in health and other insurance plans under the same coverages and programs offered to City employees: and WHEREAS, the City has requested an amendment to the Interlocal Agreement due to the fact that benefit consulting services fees will no longer be included as part of the premium rates; and WHEREAS, the benefit consulting services fees will be paid separately on a per employee basis; and WHEREAS, City and the CRA agree to amend the Interlocal Agreement as hereinafter set forth. NOWTHEREFORE, In consideration of the terms and provisions hereof and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged by each of the parties it is agreed as follows; 1. ARTICLE 2-SCOPE OF SERVICES is hereby amended by adding the following Paragraph 2.11 ; 2.11 On a monthly basis, in arrears, CRA shall pay the City a charge for the benefit consulting services of Willis of Tennessee, Inc., d/b/a Willis of Florida equal to eight dollars and twenty cents ($8.20) for each CRA employee enrolled in the City's medical plan (which does not mean or include the City's vision, dental, life Insurance or other plans, since there are no benefit consulting service fees payable by the CRA as to these other plans). If the benefit consulting charge is offset by any commissions received for any group policies issued; an adjustment to the amount paid by the CRA will be refunded by the City of Boynton Beach within sixty (60) days from the end ofthe fiscal year. 2. The above amendment shall be effective commencing with the fiscal year October 1 , 2008. 3. In all other respects, the parties ratify and confirm the Interlocal Agreement dated February 14, 2006. IN WITNESS WHEREOF, the parties have set their hands and seals this 9th day of December, 2008. BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY By: Jerry Taylor, Chairman Approved as to Form: Jim Cherof, CRA Attorney CITY OF BOYNTON BEACH By: Jerry Taylor, Mayor Print Name: City Clerk CITY SEAL Approved as to Form: Office of the City Attorney ~"':"f.;, ,,,,,"'~" ~, .....".... ~~~~ ",'t.... ..' .. ~\ "- LEWIS, LONGMAf\.i ,S-r WALKER, EA. A T T I) foe '\' I' I .\ v' Reply To: West Palm Beach March 13,2006 Robert T. Reardon Boynton Beach eRA 639 E. Ocean A venue, Ste. 103 Boynton Beach, FL 33435 Re: Resolution No. R06-059 Dear Robert: . Enclosed for your files please find a copy of Resolution No. R06-059 of the City Commission approving the Interlocal Agreement between the City and the CRA to permit the CRA to utilize the City's benefit plans. If you have any questions regarding this matter, please do not hesitate to call. KGS/ma Enclosure 1:\Client Documents\Boynton Beach CRA\2419-000\Corr\Reardon Llr 2.doc RECEIVED MAR f 5 2006 BOYNTON BEACH C,RI Helping Shape Florida's Future' BRADENTON 1001 Third Avenue West Suite 670 Bradenton, Florida 34205 p 1941-7013-4040 . f 1941-708-4024 JACKSONVILLE 9428 Baymeadows Road Su ite 625 Jacksonville, Florida 32256 pi 904 737-2020 . f I 904 737 3771 TALLAHASSEE P.O Box 10788 (32302) 125 South Gadsden Street, Slll!e 300 Tallahassee. FlOrida 32301 I' 1850.272-5702 . I I 850724-9242 WEST PALM BEACH 1700 Palm Beach lakF;'S H '-,-. Suite 1000 Vvest P?JJnl Beach Fk : ~11(: 0' (;A-! h40082(; . t I .11-,' ~,;U: www.llw-Iaw.com .. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 IS RESOLUTION NO. R06- OSGJ A RESOLUTION OF THE CITY COMMISSION OF BOYNTON BEACH, FLORIDA, APPROVING THE INTERLOCAL AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND THE BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY FOR TO PERMIT THE BOYNTON BEACH CRA TO UTILIZE THE CITY'S BENEFIT PLANS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the lnterlocal Agreement permits the Boynton Beach Community 16 Redevelopment Agency (eRA) to utilize the Benefit Plans for coverages that are afforded to 17 employees of the City through negotiated agreements with Plan Providers for the benefit of 18 CRA employees; and 19 WHEREAS, the City Commission of the City of Boynton Beach, upon 20 recommendation of staff, deems it to be in the best interests of the residents and citizens of the 21 City of Boynton Beach to approve the Agreement between the City of Boynton Beach and 22 Boynton Beach Community Redevelopment Agency permitting the CRA to utilize the City's 23 benefit plans. 24 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 25 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 26 Section 1. Each Whereas clause set forth above IS true and correct and 27 incorporated herein by this reference. 28 Section 2. The City Commission of the City of Boynton Beach, Florida does 29 hereby approve the Agreement between the City of Boynton Beach and the Boynton Beach 30 Community Redevelopment Agency permitting the Boynton Beach Community S:\CA\RESO\Agreements\Jnterlocals\ILA with eRA (Benefit Plans).doc Redevelopment Agency to utilize the City's benefit plans for employees, a copy ot saId 2 Agreement is attached hereto as Exhibit "A" 3 Section 3. That this Resolution shall become effective immediately upon passage. 4 PASSED AND ADOPTED this_&9_ day of February, 2006. 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 2 2 27 28 29 30 CITY OF BOYNTON BEACH, FLORIDA ~ ~ .~ ..~~.._. ... ) J - C~ ATTEST: m.P~ S:\CA \RESO\Agreemen\s\lnterIOl:als\ILA with eRA (Benefit Plans).doc ROb-oSl1 INTERLOCAL AGREEMENT This is an lnterlocal Agreement, made and entered into this 14th day of February. 2006. by and between: CITY OF BOYNTON BEACH, a municipal corporation of the State of Florida, hereinafter referred to as IICity,1I AND BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY, a public agency created pursuant to Chapter 163, Part III, Florida Statutes, hereinafter referred to as "the CRA" or "CRA." WITNESSETH: WHEREAS, this Agreement is entered into pursuant to ~163.01, Florida Statutes, also known as the "Florida Interlocal Cooperation Act of 196911; and WHEREAS, the CRA is a public agency created pursuant to Ordinance No. 90-21 dated August 7, 1990, as subsequently amended; and WHEREAS, City is providing the CRA with the ability to utilize existing City agreements with providers of health and other insurance, thereby allowing CRA employees to participate in health and other insurance plans under the same coverage's and programs offered to City employees; and WHEREAS, City has entered into a health insurance plan with Blue Cross/Blue Shield of Florida, MetLife dental, vision care, and life plans for the 2005/06 fiscal year (the "Plan" individually or the "Plans" collectively); and WHEREAS, CRA is desirous of participating in the City's Plans for the benefit of CRA's employees; and WHEREAS, City has no objection to CRA or its employees benefiting from the Plans negotiated by City with private providers ("Plan Providersll); and WHEREAS, the Plan Providers of coverage's under the Plan have agreed to furnish services to the CRA for the benefit of CRA employees at the same rates, benefits, incremental costs, and terms and conditions contracted for with City; Page 1 NOW, THEREFORE, IN CONSIDERATION of the mutual terms, conditions, promises, covenants and payments hereinafter set forth, City and eRA agree as follows: ARTICLE 1 - PURPOSE 1.1 The Purpose of this Interlocal Agreement is to permit the CRA to utilize the Plans for coverage's that are afforded to employees of the City through negotiated agreements with Plan Providers, for the benefit of CRA employees. The parties mutually desire to fonnulate such relationship in this lnterJocal Agreement. The intent of the parties is that all plan administration responsibilities, premiums, and any other costs and expenses associated with the providing of coverage under the Plans to eRA employees shall be the responsibility of the CRA. It is also the intent of this Agreement that any apportioned costs for stop-loss coverage and for the City's assistance be incurred by and be the responsibility of the CRA. ARTICLE 2 - SCOPE OF SERVICES 2.1. Subject to any separate agreement(s) being required by the Plan Provider(s) of the City, CRA may offer enrollment to eRA employees in the Plans for the 2005/06 fiscal year under the tenns and conditions ofthis Agreement, and subject to renewal as provided in Article 3 below. Subject to any objection from a Plan Provider, it is the intent of the parties that the CRA shall be subject to the Plans, coverage's, negotiations, and agreements between the City and the respective Plan Providers. CRA understands that the individual Plan Providers may require CRA to enter into a written agreement with the Plan Provider to, in essence, piggyback the City's agreement with the Plan Provider. However, it is further recognized that, except as negotiated between the CRA and any Plan Provider, any such agreement between the CRA and the Plan Provider shall be under the same terms and conditions as the City's agreement with Plan Provider. The City's current Plans and Plan Providers are set forth in Exhibit "A," a copy of which is attached hereto and made a part of this Agreement. Based on the City's independent negotiations for services and coverage with Plan Providers, Exhibit "At! to this Agreement may be amended by the City on an annual basis without the necessity of CRA or City Commission approval. 2.2. eRA shall administer the enroJlment and cancellation of eRA employees in such Plans, and shall remit to the Plan providers on a monthly basis in accordance with the City's agreements with any Plan Provider, the CRA'S share of contribution required for such premiums and coverage's resulting from CRA employees' enrollment in the Plan. The CRA shall be fully responsible for collecting and remitting aU required sums from its employees. eRA'S use of Plan Provider agreements shall in no way bind the City. 2.3. It is understood and agreed that City shall not be responsible for any costs or expenses, premiums, or contract requirements of CRA in connection with the CRA'S use of City's Plan Providers, and that CRA shall hold harmless and indemnify City, to the extent permitted by law, for any costs or expenses whatsoever attributable to the eRA'S providing of and making available such insurance coverage to and for CRA employees. CRA shall reimburse City for any additional costs, if any and in addition to those specifically provided fOf in this Agreement, incurred and documented by City in performing this Agreement. Page 2 2.4 Should CRA desire to have City provide any services in connection with the provision of insurance benefits to CRA employees, a separate agreement or amendment to this Agreement shall be required and mutually agreed upon by the parties. 2.5 City will provide reasonable assistance through its Human Resources departmental staff to CRA to answer questions regarding Plans and Plan administration and in contacting Plan Providers with CRA matters concerning the Plan(s). 2.6 CRA expressly understands and agrees that, subject to any separately negotiated provisions between the CRA and any Plan Provider as provided for in Section 2.1 above, Plan premiums, costs, benefits, and coverage's may be changed by the City or City's Plan Provider throughout the term of this Agreement. 2.7 Except as specifically provided in sections 2.8 and 2.9 of this Agreement, CRA shall make all required payments directly to Plan Providers, which will bill and invoice CRA separately from City, in accordance with the agreement between the CRA and the Plan Provider. CRA shall have separate account numbers, separate accounts, and separate invoices with Plan Providers. 2.8 CRA shall have no right to select any of the present or future Plan Providers of the City; nor shall CRA have any right under this Agreement to determine coverage's, premiums, or terms and conditions of agreements between the City and any Plan Provider. 2.9 Should City purchase stop-loss coverage from any Plan Provider, CRA agrees to pay its share of the premium for such stop-loss coverage, apportioned based on the number of CRA employees and the additional pooling charges assessed by Plan Provider(s). Unless otherwise directed in writing by City, CRA shall pay City directly for this incremental cost in advance on an annual basis. CRA shall pay City pooling charges in accordance with Exhibit "B", a copy of which is attached hereto and made a part of this Agreement. 2.10 On a monthly basis, in advance, CRA shall pay the City an administrative charge equal to Ten ($10.00) for each CRA employee enrolled in any Plan of the City. This administrative charge shall cover a portion of the costs incurred to the City in assisting the District and their employees with issues related to insurance and Plan coverage's. ARTICLE 3 - TERM OF AGREEMENT 3.1 This Agreement shall be deemed to have commenced on March 1, 2006, and shall continue in full force and effect until terminated by either party in accordance with Article 5 below. Page 3 ARTICLE 4 - GOVERNMENTAL IMMUNITY 4.1 City is a state agency as defined in Chapter 768.28, Florida Statutes, and eRA is a public agency created pursuant to Chapter 163, Florida Statutes. To the extent pennitted by law, each party agrees to be fully responsible for acts, omissions, and negligence of their agents, officers, or employees. Nothing herein is intended to serve as a waiver of sovereign immunity by any party to which sovereign immunity may be applicable. Nothing herein shall be construed as consent by a state agency or political subdivision of the State of Florida to be sued by third parties in any matter arising out of this Agreement or any other contract. 4.2 Both parties acknowledge that this an Interlocal Agreement created pursuant to Section 163.01, Florida Statutes, and that each party shall retain all legislative authority with regard to its respective governing body. All of the privileges and immunities from liability; exemptions from laws, ordinances, and rules; pensions and relief, disability, workers' compensation, and other benefits which apply to the activity of officers, agents or employees of any public agency when performing their respective functions within the territorial limits for their respective agency shall apply to the same degree and extent to the performance of such functions and duties of those officers, agents, or employees extra-territorially under the provisions of any Interlocal Agreement. ARTICLE 5 - TERMINATION 5.1 This Agreement may be terminated by either party by giving notice of termination in accordance with Article 6 herein at least sixty (60) days prior to the expiration of any renewal of a Plan or any new Plan, provided that such termination does not adversely impact the City in its contractual relationships with Plan Providers. City may terminate the Agreement immediately upon notice from any Plan Provider that eRA is not complying with plan administration procedures or is not paying premiums to a Plan Provider in a timely manner, and such default or breach by the CRA may adversely impact City's agreement with that Plan Provider. ARTICLE 6 - NOTICES 6.1 Any and all notices given or required under this Agreement shall be in writing and may be delivered in person or by United States mail, postage prepaid, first class and certified, return receipt requested, addressed as follows: TO CITY: City Manager 100 East Boynton Beach Boulevard Boynton Beach, Florida 33435 Page 4 With copy to: City Attorney 100 East Boynton Beach Boulevard Boynton Beach, Florida 33435 TO CRA: Lisa Bright Executive Director eRA 639 E. Ocean Avenue, Ste. 107 Boynton Beach, FL 33425 With copy to: eRA Attorney c/o Lewis, Longman & Walker, P.A. 1700 Palm Beach Lakes Blvd., Suite 1000 West Palm Beach, FL 33401 ARTICLE 7 ~ MISCELLANEOUS PROVISIONS 7.1 ASSIGNMENT: Neither party shall have the right to assign this Agreement without the express mutual consent of the other party. 7.2 DISPUTES: In the event that a party has a dispute with respect to the other party's performance hereunder, the party shall notify the other party in writing in accordance with Article 6, advising of the disputed matter. In the event that the disputed matter is not resolved to the satisfaction of the CRA and the City, the dispute shall be submitted to a mediator mutually agreed to by the parties before any litigation is brought. 7.3 WAIVER: The waiver by either party of any failure on the part of the other party to perform in accordance with any of the terms or conditions of this Agreement shall not be construed as a waiver of any future or continuing similar or dissimilar failure. 7.4 SEVERABILITY: If any terms or provisions of this Agreement, or the application thereof to any person or circumstance, shall to any extent be held invalid or unenforceable, the remainder of this Agreement, or the application of such term or provision, to any person or circumstance other than those as to which it is held invalid or unenforceable, shall be deemed valid and enforceable to the extent permitted by law. 7.5 ENTIRE AGREEMENT: It is understood and agreed that this Agreement incorporates and includes all prior negotiations, agreements or understandings applicable to the Page 5 matters contained herein and the parties agree that there are no commitments, agreements 01 understandings concerning the subject matter of this Agreement that are not contained in this document. Accordingly, it is agreed that no deviation from the terms hereof shall be predicated upon any prior representations or agreements, whether oral or written 7.6 INDEPENDENT CONTRACTOR: City is an independent contractor under this Agreement. Any services provided by City pursuant to this Agreement shall be subject to the supervision of City. In providing such services, neither City nor its agents shall act as officers, employees, or agents of the CRA. This Agreement shall not constitute or make the parties a partnership or joint venture. It is understood and agreed that employees of the CRA are not entitled to any benefits offered by the City to City employees, including those benefits offered by Plan Providers pursuant to this Agreement. Any benefits to CRA employees are conveyed by the CRA and at the cost, expense, and liability of CRA. 7.7 MODIFICATION: It is further agreed that no modifications, amendments or alterations in the tenns or conditions contained herein shall be effective unless contained in a written document executed with the same formality and of equal dignity herewith.. 7.8 CHOICE OF LAW; WAIVER OF JURY TRIAL: Any controversies or legal problems arising out of this transaction and any action involving the enforcement or interpretation of any rights hereunder shall be submitted to the jurisdiction of the State courts of the Fifteenth Judicial Circuit of Palm Beach County, Florida, the venue situs, and shall be governed by the laws of the State of Florida. In the event any causes of action arising out of this Agreement are pre-empted by federal law, any such controversies shall be submitted to the jurisdiction of the United States District Court for the Southern District of Florida. To encourage prompt and equitable resolution of any litigation that may arise hereunder, each party hereby waives any rights it may have to a trial by jury of any such litigation. 7.9 DRAFTING: This Agreement has been negotiated and drafted by all parties hereto and shall not be more strictly construed against any party because of such party's preparation ofthis Agreement. 7.10 RECORDING: This Agreement shall be recorded in the public records of Palm Beach County, in accordance with the Florida Interlocal Cooperation Act of 1969. IN WITNESS WHEREOF, the parties have hereto set their hands and seals this --1_1~,- day of ~~~\\~Q.l ,2006. BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY ATTEST: By:""X-~~/vl4~L--- P,riIlt name: / , Chairman ~ EIl\~t-l€ \-\e~\.)\ L.\N Page 6 Print name: , Secretary Attest: Yf). PM ...~ et Prainito, City Clerk (CITY SEAL) ce ofthe City Attorney CITY OF BOYNTON BEACH KurtBre~ Page 7 EXHIBIT" A" Plan Providers Medical - BlueCross BlueShield of Florida BlueCare@ for large employer groups is an HMO product offered by Health Options, Inc. (HOI), a subsidiary of Blue Cross and Blue Shield of Florida. The features of BlueCare@ are: . A full range of benefits for hospital, physician and other medical services . Preventive care, such as routine physical exams, well-child care, immunizations and health care screenings . Predictable costs through pre-determined co-payments for health benefits as long as care and referrals are coordinated through a Primary Care Physician Our BlueChoice@ PPO (Preferred Provider Organization) plan offers the freedom to choose any doctor and hospital for care. However, members receive maximum benefits and are free from claims filing and balance billing when they choose physicians and providers who participate in the PPO network. Our BlueOptionsSM PPO health insurance policy offers members the freedom to choose any doctor and hospital for care. However, they can maximize their benefits, and tree themselves trom claims filing and balance billing, by choosing physicians and providers who participate in our NetworkBlueSM* provider network. Additionally, members are protected from balance billing when they receive covered services from an Out-of-Network provider who participates in our Traditional Program Network. Dental - MetUfe Group Dental Dental care is a part of healthy living, and for this reason a dental benefit plan is a highly appreciated employee benefit. Yet, many employers do not offer a dental benefit plan as part of their overall benefits programs. This can add a financial burden for employees. Fortunately, MetUfe has the knowledge and innovation to offer a range of affordable dental benefit plans to fit the needs of nearly all employers. Vision - VisionCare Plan VisionCare Plan offers employees and their dependents a benefit that covers all routine eye care, including eye exams and eyeglasses (lenses and frames) or contacts. The plan features: . In-Network and Out-at-Network benefits. . Exam Plus, if you prefer contacts you get your exam plus an allowance tor contacts in place of lenses and frames. Life & LTD Jefferson Pilot provides life insurance and accidental death coverage to all employees and their dependents. Program Terms Page 8 The medical, dental and vision care programs are all annual programs with a contract renewal date of October 1st; however the programs are administered on a calendar year basis. The life and AD&D are on a 3 year contract. Page 9 EXHIBIT "B" BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY (CRA) Special Annual Pooling Charge Statement Pooling Rate and Annual Type Monthly Pooling Coverage Enrollment Total Expense EO 14 $ 15.96 $2,681.28 ES 2 $ 32.71 $ 785.04 EC 0 $ 30.16 $ 0.00 EF 4 $ 37.91 $1,819.68 TOTAL 20 $440.50 $5,286.00 Note: The above pooling charge calculation for CRA is based on enrollment during the last month of the 12 month experience period upon which The City's 10/1/2005 renewal was based. The actual annual expense charge will be prorated to the date of coverage and accounted in October 2006. Should average enrollment be less than that shown above, The City will reimburse CRA the amount of pooling expense charge overpaid. Should the enrollment be less than that shown above, then CRA will pay The City the additional pooling charge incurred. (actual annual enrollment times the above pooling expense charge rates will equal the actual annual pooling expense charge for the 10/1/2005 9/30/2006 policy year.) Page 10 The City of Boynton Beach 100 E. Boynton Beach Boulevard P.O. Box 310 Boynton Beach, Florida 33425-0310 Human Resources: (561) 742-6275 FAX: (561) 742-6274 October 14, 2008 Lisa Bright Executive Director CRA 915 South Federal Highway Boynton Beach, FL 33435 Dear Ms. Bright: Subject: Proposed Amendment to Interlocal Agreement R06-059 This letter is a follow-up to an e-mail from CRA Finance Director Susan Harris received on September 24,2008, by Assistant Director Human Resources Marylee Coyle regarding the proposed amendment to your Interlocal Agreement. A 2% fee for Benefit Consultants was previously built into the Blue Cross Blue Shield of Florida premium rates and paid to the City's insurance consultants, Group Insurance Solutions, Inc. (Scott Harris, Owner). As of October 1, 2008, the 2% fee will be removed from the premiums and as a result the medical premium was decreased. Effective October 1,2008, Willis of Tennessee, Inc., d/b/a Willis of Florida has been selected to provide benefit consultant services to the City for an annual service fee of $96,000. Accordingly, all entities who participate in the City medical plan will be charged a portion of this cost for their services based on the current number of members. As of September 1, 2008, there were 976 covered members which equates to an annual individual charge of $98.36 or $8.20 monthly. The $96,000 annual fee will be paid by the City. Since the benefit consultants provided benefit service for all covered members, the benefit consulting fees will be crossed charged at a prorated amount through the Interlocal Agreement (ILA). Community Redevelopment Agency (CRA) has nine (9) members, for an annual charge of $885.25, or $73.77 per month. (Exhibit #1) The City is proposing that R06-059, Interlocal Agreement, between the City of Boynton Beach and the Boynton Beach Community Redevelopment Agency, Article 2 - Scope of Services be amended as follows: 2.11 On a monthly basis, in arrears, Boynton Beach Community Redevelopment Agency shall pay the City a charge for the benefit consulting services of Willis of Tennessee, "An Equal Opportunity Employer" Inc., d/b/a Willis of Florida equal to eight dollars and twenty cents ($8.20) for each Boynton Beach Community Redevelopment Agency employee enrolled in any Plan of the City. If the benefit consulting charge is offset by any commissions received for any group policies issued: an adiustment to the amount paid by Boynton Beach Community Redevelopment Agency will be refunded by the City of Boynton Beach within sixty (60) days from the end of the fiscal year:., If you have any questions feel free to contact me on 561-742-6277. (~yIY, . \Jld. ' 6~~~ Sharyn J. Goebelt, IPM~-CP Human Resources Director Attachment: Exhibit # 1 Community Redevelopment Agency (CRA) Exhibit #1 Willis ConsultinQ Annual Fee $96,000 Current covered members 976 Individual annual charQe $98.36 Individual monthlv charQe $8.20 Number of CRA EEs 9 Annual CRA CharQe $885.25 Monthly CRA charge $73.77 Monthly Individual EE CRA charge $8.20 S:\HR\lnterlocal Agreements\ILA CRA R06 059\CRA backup for Benefit Consultant charge 1Il~~qY~T8~ eRA . East Side-West Side-Seaside Renaissance eRA BOARD MEETING OF: December9,2008 I I Consent Agenda I I Old Business I I New Business Legal I X I Other SUBJECT: Update on Strand and Bond Market SUMMARY: This is to update the Board on the status of the Strand case. The motion for a rehearing of the case was recently denied by the Florida Supreme Court. This is good news for 141 CRAs statewide since this means that redevelopment plans on hold can now move forward. We have requested an update on the bond market from our financial advisor (see attached). The bond market is still very volatile since the financial markets here, and globally, are still unstable. Other financing options are now available to the CRA, specifically bank financings which bypass the bond market and are more cost efficient and much faster to process compared to bond issues. The interest rate currently on 20 year bank financings is 5.5%. The CRA staffwill begin discussions and planning for Board recommendations based upon the Downtown Master Plan and outstanding items in other redevelopment plans that remain to be implemented. FISCAL IMPACT: N/A CRA PLAN, PROGRAM OR PROJECT: N/A RECOMMENDATIONS: N/A (1 \. ): AA~ JtrA'1 A A/} Susan Harris Finance Director T:\AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS\Completed Agenda Item Request Forms by Meeting\FY 2008 - 2009 Board Meetings\12-9-2008 Meeting\Bond Market Update and Options.doc From: Santamaria, Julie [mailto:Julie.Santamaria@rbccm,com] Sent: Thu 12/4/2008 10:18 AM To: Harris, Susan Cc: Bright, Lisa; Brooks, Vivian; mark.raymond@hklaw.com Subject: RE: Status of Bond Market HiAII, The tax-exempt bond market is still very volatile due to the global financial crisis. For a financing in the $10 - 12 million range, a bank financing such as we did in February with the City would be the most cost-effective alternative. It could be secured by the CRA's tax-increment revenues and we would need the back-up guaranty from the City, which is the same as the CRA's other bonds have been structured. Bank financings can only go out up to 20 years, and a 20 year bank loan rate right now is approximately 5.50%. The upfront costs on a bank loan are minimal compared to a bond issue, and it is a much simpler process Hopefully this is what you all are looking for - please let me know if you need anything further! Julie Julie Santamaria Director RBC Capital Markets 100 Second Avenue South, Suite 800 St. Petersburg, Florida 33701 Phone: (727) 895-8871 Fax: (727) 895-8895 Email: julie.santamaria@rbccm.com From: Harris, Susan [mailto:HarrisSu@bbfl.us] Sent: December 04, 2008 9:25 AM To: Santamaria, Julie Cc: Bright, Lisa; Brooks, Vivian Subject: RE: Status of Bond Market Hi Julie, We're considering a $10-$12 million range. Susan From: Santamaria, Julie [mailto:Julie.Santamaria@rbccm,com] Sent: Thu 12/4/2008 9: 12 AM To: Harris, Susan Cc: Bright, Lisa; Brooks, Vivian Subject: Re: Status of Bond Market ~2... MOYLE, FLANIGAN, KATZ, RAYMOND & SHEEHAN, P.A. ATTORNEYS AT LAW Office Address: 625 North Flagler Drive - 9th Floor West Palm Beach, Florida 33401-4025 Post Office Delivery: P.O. Box 3888 West Palm Beach, Florida 33402-3888 Telephone: (561) 659-7500 Facsimile: (561) 659-1789 MARK E. RAYMOND Direct Line: (561) 822-0380 E-mail: mraymond@moy1e1aw.com Tallahassee Office (850) 681-3828 Wellington Office (561) 227-1560 September 21, 2004 Kurt Bressner, City Manager City of Boynton Beach, Florida 100 East Boynton Beach Boulevard Boynton Beach, Florida 33425 Re: Community Redevelopment Agency Bond Issue Dear Kurt: The CRA is requesting that the City guarantee the payment of bonds to be issued by the CRA. While the historical tax increment revenues received by the CRA greatly exceed the expected debt service on the proposed bonds, the City's guarantee will result in a substantially lower interest rate on the CRA borrowing. It is expected that the City guarantee would not involve a pledge of any particular revenue stream of the City or the City's taxing power, but would instead be a covenant to budget from lawfully available non-ad valorem revenues any amount necessary to pay the bonds that could not be paid from the tax increment. It is not expected that the guarantee by the City will have any effect on the ability of the City to proceed with any debt issuance that may be undertaken by the City for the foreseeable future. However, in the unlikely event that the City is required to perform under its guarantee and pay the debt service on the CRA bonds, this would necessarily reduce City funds available for other uses by the City. The CRA intends to attempt to structure the bond issue so that if certain fmancial tests are met (for example, tax increment revenues to the CRA reach a specified multiple of debt service for a specified period oftime), then the City guarantee will terminate. In the event the City decreases the size of the redevelopment area after the bonds are issued, this could be prospective only. That is, the bondholders would still have the right to be paid from the ....' '-L. September 21, 2004 Page 2 tax increment from the area as in effect at the time the bonds are issued. However, it might be possible to structure the CRA bonds so as to allow for a reduction in the size of the redevelopment area in the event financial tests similar to those outlined above could be met. Please let me know if you have any questions. I will be present at the City Commission meeting on October 5 to answer any questions that the Commissioners may have. Very truly yours, Mark E. Raymond MER/ams G:\02345\36 cra\9.21.04 bressn" Itr,wpd I'" " . """\ ~~<tY~T8~ eRA iIi East Side-West Side-Seaside Renaissance eRA BOARD MEETING OF: December9,2008 I I Consent Agenda I Old Business New Business I I Public Hearing I X I Other SUBJECT: CRA Policing Activity Report for the Month of October 2008 and District Stats for Months of October and November 2008. (Info. Only) SUMMARY: Monthly report, providing activity and data on Crime in the CRA District: October 2008: · Crimes - 61 · Arrests - 17 · Calls for Service - 1582 November 2008: · Crimes - 51 · Arrests - 5 · Calls for Services - 1622 FISCAL IMPACT: Cost budgeted in FY 2008-2009 from Project Fund 02-58500-460 CRA PLAN, PROGRAM OR PROJECT: CRA Policing Innovations RECOMMENDA TIONS: Info. Only T:\AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS\Completed Agenda Item Request Forms by Meeting\FY 2008 - 2009 Board Meetings\12- 9-2008 Meeting\CRA Crime Monthly Stats.doc Boynton Beach Police Department Year-Te-Date Crime Report 2007 f2008 CRA District NOVEMBER 2008 CRIMES Nov-08 Nov-07 + f- Oct-OS + f- Y-T-D Y-T-D + f- 2008 2007 Criminal Homicide 0 0 0 0 0 1 3 -2 Sexual Offense 0 0 0 1 -1 1 4 -3 Robbery 4 7 -3 4 0 70 67 3 Aggravated Assault 7 6 1 11 -4 121 131 -10 Bunllarv 12 16 -4 17 -5 148 176 -28 Larcenv 26 44 -18 23 3 351 361 -10 Auto theft 2 8 -6 5 -3 61 46 15 TOTAL 51 81 -30 61 -10 753 788 -35 ARRESTS Nov-08 Nov-07 + f- Oct-OS + f- Y-T-D Y-T-D + f- 2008 2007 Cr.imlnal Homicide 0 0 0 0 0 1 4 -3 Sexual Offense 0 0 0 1 -1 0 0 0 Robbery 0 0 0 0 0 27 10 17 Aaaravated Assault 2 2 0 9 -7 65 59 6 Burglary 0 0 0 3 -3 17 32 -15 Larceny 3 8 -5 4 -1 57 78 -21 Auti) theft 0 0 0 0 0 8 2 6 TOTAL 5 10 -5 17 -12 175 185 -10 + f- Oct-OS + f- + f- 1622 1535 87 1582 40 -435 12/3/2008 10-01-08 10-06-08 10-13-08 10-10-08 10-17-08 eRA Police Team MONTHLY ACTIVITY REPORT MONTH: OCTOBER2008 'Lbf6cers' attenaea lhe NliiCOtics Identification Class al'BCC 'an .weelc -Officers rode the 1658 CRA Trolley from Wal-Mart -Followed up with citizen complaints from First Financial Plaza and The Crossings -Officers rode the 1658 CRA Trolley from Wal-Mart -Traffic Enforcement along Federal Highway Corridor -Conducted surveillance at the CRA Office and the Anne Marie Motel in ref to recent drug activity; 2 arrested. -Assisted D-Bureau with Search Warrant -QOL Sweeps yielded 4 arrests and 7.5gms of cocaine seized -Assisted Traffic Unit with an operation on North Federal Hwy in reference to unlawful business activities -Joint Op with D-Bureau and CAT West with Robbery Suppression detail in ref to the rash of robberies at gas stations and mini-marts -Assisted Road Patrol with calls for service -Officers attended Street Gang School in Miami all week - Joint Op with D-Bureau and CAT West with Robbery Suppression detail in refto the rash of robberies at gas stations and mini-marts -Conducted surveillance at the CRA Office and the Anne Marie Motel in ref to recent drug activity -Assisted Road Patrol with calls for service -Attended the CRA Board Meeting -Officer attended Firearms Instructor Class at BSO all week -Joint Op with D-Bureau and CAT West with Robbery Suppression detail in ref to the rash of robberies at gas stations and mini-marts -Officers rode the 1658 CRA Trolley from Wal-Mart -Followed up with citizen complaints from First Financial Plaza and The Crossings -Bicycle Patrol along Federal Highway, First Financial Plaza, The Crossings, and Marina Village totaling IS miles on bikes -Trespass Agreements in the CRA District were being updated with Business Owners -The Unit attended a Street Crimes Seminar at BSO all week \ I( ,\ "" , ' Misdemeanor Felony Citations Warrant Arrests Charges Filed Warrants Executed I TOTAL ARRESTS ~- I+-- 1 IJIJ Cocaine I 7.5 Methamphetamines I Marijuana I Heroin ! Schedule IT I Schedule ill I Schedule IV ------+--__ Guns I Cash Vehides i 85.00_ I I /~ia: I~\~ r" ......-\\ ~~~~y~T2~CRA iIi East Side-West Side- Seaside Renaissance eRA BOARD MEETING OF: December 9, 2008 I I Consent Agenda I Old Business New Business I I Public Hearing I X I Other SUBJECT: Boynton Beach CRA and Trolley Web site Statistics SUMMARY: Monthly report, generated by Google Analytics, providing data on the number of visitors to the CRA and Trolley websites: October 31 -November 30 Agency: 1,229 Trolley: 418 October 1- October 30 (last month) Agency: 931 Trolley: 414 FISCAL IMP ACT: Cost budgeted in 2008/2009 from Project Fund Budget CRA PLAN, PROGRAM OR PROJECT: Transportation Concurrency Exception Area (TCEA) RECOMMENDATIONS: Info. Only j~~0- lrrA)s ~ Margee al~ Marketing and Communications Director T:\AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS\Completed Agenda Item Request Forms by MeetinQ\FY 2008 - 2009 Board Meetings\ 11 12-9-2008 MeetinQ\Monthly Website Stats November.doc Dashboard - Google Analytics Page 1 of2 adelspergerm@ci.boynton-beach.fl.us I Settings I My Account I Help I Sign Out Analytics Settings View Reports: www.boyntonbeachcra.com Dashboard Saved Reports Visitors Traffic Sources Content Goals Custom Reporting Beta Settings Advanced Segments Beta Email Help Resources About this Report Conversion University Common Questions Export Email Dashb.. . Visits My Analytics Accounts: Boynton Beach CRA .j- CAA \lJE6siTE Beta Advanced Segments: All Visits Oct 31,2008 - Nov 30, 2008 Graph by: . ~ w \ e--f, /\.-, I ....., "'\ V/~/\.. Vv'/' 80 November 3, 2008 November 10, ZOO! November 17.1008 . November 24, 2001 I Site Usage ~ 1,229 Visits ~J 3,183 Pageviews ,~ 2.59 PagesNisit Visitors Overview 787 Visitors https:/ /www.google.comlanalytics/reporting/?scid=243 6175 ~ 45.97% Bounce Rate r~ 00:02:24 Avg. Time on Site ~ 56.390,10 % New Visits II Map Overlay 12/1/2008 Dashboard - Google Analytics view report L Traffic Sources Overview view report Search Engine 515.00 (41.90%) Direct Traffic 464.00 (37.75%) Referring Sites 250.00 (20.34%) , - view report Page Content Overview Pages :f~\VS~:'" t~~!lt<.::;, ,..H-i, ,_:r(ints Ilhp 'f, ' :er\'le....'v L)()~\r\.:.. i_lI"U)ects. (;r,J fu!\d~.. view report PageviewWo Pagevi... 1,196 37.57% 281 8.83% 185 5.81% 179 5.62% 160 5.03% @ 2008 Google I Analytics Horne I Terms r,t Service Privacy Policy Contar:t us i\nalytlr:s BloC! I ill English III . 1 1"'\ A '"'I , 1 ,.., ~ 1"'" /1 1~f\A() Dashboard - Google Analytics Page 1 of2 Analytics Settings Dashboard Saved Reports Visitors Traffic Sources Content Goals Custom Reporting Beta Settings Advanced Segments Beta Email Help Resources About this Report Conversion University Common Questions adelspergerm@ci.boynton-beach.fl.us I Settings I My Account I Help I Sign Out View Reports: www.boyntonbeachtrolley.com 'lJ'I? _ iJ My Analytics Accounts: Boynton Beach TrOll? ~ o\,.\. c-'f w(6S,rf. Export Email Beta Advanced Segments: All Visits Dashb... Oct 31, 2008 - Nav 30, 2008 Visits Graph by: lO jIJ I~,,^^~V\/ : Nowmber 3, 1008 November 17, 1008 , NO'll!mber 14, 10118 November 10, 1008 I Site Usage ~ 418 Visits ~ 1,124 Pageviews ,~ 2.69 PagesNisit ~ 38.04% Bounce Rate ~ 00:02:27 Avg. Time on Site f'-~ 76.560/0 % New Visits II Map Overlay Visitors Overview jIJ J\1 352 Visitors https:/ /www.google.comlanalytics/reporting/dashboard?id=4528711 &scid=2436191 &et=r... 121112008 Dashboard - Google Analytics view report I ---, I Traffic Sources Overview I L ._______ .._.. . __ I view report Referring Sites 247.00 (59.09%) Search Engine 131.00 (31.34%) Direct Traffic 40.00 (9.57%) Page , - view report Content Overview Pages Pageviewt'o Pagevi.._ 592 52.67% ri'kip pl~:~1 421 3746% fJi-~~ i )hf) 42 3.74% ,;lh('J1Jl 29 2.58% (J~jn!nct phi" 21 1.87% view report @ 2008 Google I Analytics Home I T 8rrns of Service ! Pnvacy Policy ! Ccntart us ~n<'llytics Bloq I in E'nglisl11 1-,,++_("10/ l'lHTHnr 1'Y",.n,rrl.a (""fIr\....,..." In.....n l'l rf-~ nC1 /'t"''O'1''\n,.....t~nrr/r1l'']C1h kr\I'l....r1?;r1=11 ,'1 Q71 1 -'?rC'ro~ ,...1=='1111. h 1 01 1'n::::I.t=r 1 ") 11 nnnSl ~~~~Y~T2~ eRA Ii East Side-West Side-Seaside Rena"lssance CKA 50ard Meetin,~5 - 2009 All meetings are scheduled to take place at City Hall Chambers unless you are notified otherwise. Tuesday, January 1 ~, 2009 T uesday, February 10, 2009 Tuesday, March 10, 2009 Tuesday, April 1 +, 2009 Tuesday, May 1 2, 2009 Tuesday, June 9, 2009 Tuesday, July 1 +, 2009 Tuesday, August 1 1, 2009 Tuesday,~eptember8,2009 Tuesday,()ctoberl~,2009 Tuesday, November 10, 2009 Tuesday, [)ecember8, 2009 ..", ~~~~Y~Te~ eRA Ii East Side-West Side-Seaside Renaissance eRA BOARD MEETING OF: December9,2008 I I Consent Agenda I I Old Business I I New Business I I Legal I X I Other SUBJECT: Trolley Ridership Update SUMMARY: At the July 8, 2008 CRA Board Meeting, a revised trolley route was presented in an effort to cut down on expenses. This route revision was based on ridership numbers that were analyzed by staff and Molly's Trolleys and included a decrease in trolley stops and runs on both the North and South routes. A request was made by Vice Chair Rodriquez to re-visit this subject in the fall once seasonal residents returned. Although this update is being presented, staffhas determined that it would be most effective to provide an additional update in March that will show the true impact of seasonal riders as many seasonal residents do not arrive until after the holidays. Below is a Ridership Summary based upon the attached memo from Molly's Trolleys: North Route: . 15% reduction in service as of August 2008 . Ridership has increased by 20% . 28% increase in ridership in October of 2008 compared to October 2007 . 48% increase in ridership for Jan - Oct of 2008 vs. Jan - Oct 2007 . Operating at an average capacity of 55% as of October 2008 (16.5 riders per trip from Marina to Mall) - this is up 10% from May of this year . Cost per rider decreased from $3.86 per rider in July 08 to $3.07 per rider in October 08 South Route: . South Trolley Route hours were reduced by 46% in August of 2008 . Rider numbers fell in August by 48% - 40 riders per day . In October 08 numbers recovered to July 08 numbers - 47.91 riders per day . Due to reduction in operational hours, cost per rider decreased from $31.52 per rider in July 08 to $20.51 per rider in October 08 FISCAL IMPACT: N/ A CRA PLAN, PROGRAM OR PROJECT: Transportation Concurrency Exception Area RECOMMENDA TIONS: Information Only Lisa Bright Executive Director T:\AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS\Completed Agenda Item Request Forms by Meeting\FY 2008 - 2009 Board Meetings\12-9-2008 Meeting\Trolley Update Agenda Sheet.doc Molly's Trolleys 561-838-9511 **************************** TO: Vivian Brooks FROM: Molly Stahlman DATE: Nov 10 2008 RE: SOUTH ROUTES (thru Retirement Communities) Rider Numbers Analysis Aug - Oct 2008 The first six months of operation (Feb 1 08- Jul 30 08) , the south route ran as one long route and handled an average of 1,684 riders per month or 56 riders per day. Running seven days a week, and long days, the Average Cost Per rider was $27.40. On Aug 2, 2008- we reduced the South Trolley Route hours by 46%. We eliminated weekend (Saturday and Sunday) service and trimmed Weekday service to just daytime (basically 9:30am-4pm). We also split the South Route into 2 routes- South East Route and South West Route, to reduce the actual time riders had to spend riding the trolley. 2008 Bovnton SOUTH ROUTE Feb- Julv 2008 Month # of Riders # of Riders # of Riders Monthly Hrs Riders Cost Per Dav Per Week Per Month Onerational Per Hour Per Rider Feb 2008 61 426 1,767 656 2.69 $24.96 March 2008 63.5 444 1,969 656 2.56 $23.95 April 2008 52 364 1,561 656 2.38 $29.23 May 2008 50 347 1,541 656 2.35 $30.60 June 2008 59 413 1,772 656 2.70 $25.75 July 2008 48 338 1,496 656 2.28 $31.52 *Feb- July 2008 56 388 1,684 656 2.57 $27.40 * 6 month Average Feb- July 2008, one long route Aug 2, 2008- implemented REDUCED HOURS & South Route broken in to 2 routes- South East Route and South West Route 2008 Boynton SOUTH ROUTE AU2ust- October 2008 Month # of Riders # of Riders # of Riders Monthly Op- Riders Cost Per Dav Per Week Per Month erational Hrs Per Hour Per Rider Aue; 08** 40 200 802 300 2.67 $24.50 Sent 08** 40 200 881 330 2.67 $24.53 _ Oct 08** 47.91 240 1 , 1 02 345 3.19 $20.51 ** The two routes (SE & SW) Combined In Aug 2008, when we eliminated service by 46 %, trolley rider numbers also fell (by 48%). This could be due to the introduction of a new route (to a senior community) plus the SNOW BIRD effect. (The South Route is composed ofMAINL Y retirement communities whereas the North Route is composed MAINLY of Working Communities, that are here year long.) -Towever, by October 2008, the riders per day (47.91) had recovered to July 08 numbers (48.26 per day). In ,Jdition, due to the reduction in operational hours (cost), the cost per rider decreased from $31.52 per rider in July 08 to $20.51 per rider in October 08. Continued. . . Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida July 8, 2008 certain the board would want to add an additional responsibility to their partner, American Realty. Attorney Cherof explained the matter was brought to the attention of the CRA by the property owner's attorney and the lien would interfere with the transfer of property. Whether the issue constituted interferenCe with the redevelopment was not known. Mr. Wooster could not redevelop those eight lots until the lien was lifted. Ms. Bright explained typically a blanket lien was issued against all the properties under that title. Jeff Wooster, 828 South Road, explained the lien was discovered during due diligence. The eight lots they wanted to purchase could not be acquired until the lien was lifted. He was unfamiliar with the percentage of the lien that related to the eight lots but believed Ocean Breeze constituted the majority of it. The members discussed partially removing the lien and decided they wanted to see the lien remain on the property until it was ready to be developed. Motion Vice Chair Rodriguez moved to release the eight lots from the demolition lien and apply the lien, in whole, to the Ocean Breeze land that was remaining. Mr. Weiland seconded the motion. Attorney Cherof advised the process to release the lien was not lengthy, and they would adjust the lien to the specifically identified parcels and forward the documents to Mr. Wooster's counsel for review and approval. Vote The motion unanimously passed. B. Consideration of Revised Trolley Route and Schedule Vivian Brooks explained because of the downturn in revenue for the agency, they were reviewing all programs. A review of the northern trolley route, which was noted to be successful, showed the ridership was slow on Sundays and the last run at 7: 15 p.m. during the week had very little usage. The southern route had very little usage in the mornings between 7:15 a.m. to 9:30 a.m., and from 4:15 p.m. to 7:30 p.m. The weekends also had very little usage. Adjusting the routes would impact 42 riders or 11 % on the north route, and 19 riders or 33% on the south route. The savings to the agency, if they made the changes by August, would save about $47K for this fiscal year and if the adjustments were 7 CITY OF BOYNTON BEACH PLANNING & DEVELOPMENT BOARD MEETING AGENDA DATE: Tuesda~November25,2008 TIME: 6:30 P.M. PLACE: Commission Chambers 100 E. Boynton Beach Boulevard Boynton Beach, Florida 1. Pledge of Allegiance. 2. Introduction of the Board. 3. Agenda Approval. 4.. Approval of Minutes. 5. Communications and Announcements. A. Planning and Zoning Report 1. Final disposition of the October 28, 2008 Planning and Development Board meeting Agenda items. 6. Old Business None 7. New Business A. Harbor Cay Site Plan Time Extension 1. PROJECT: Harbor Cay (SPTE 08-007) AGENT: Sid E. yon Rospeunt, Managing Member for Harbor Cay, LLC OWNER: Harbor Cay, LLC Planning and Development Board Meeting Agenda November 25, 2008 Page 2 Harbor Cay (SPTE 08-007) cont'd. LOCATION: DESCRIPTION: B. The Arches Site Plan Time Extension 1. PROJECT: AGENT: OWNER: LOCATION: DESCRIPTION: C. Tuscan Villas Site Plan Time Extension 1. PROJECT: AGENT: OWNER: LOCATION: DESCRIPTION: East side of North Federal Highway, approximately 160 feet north of Gateway Boulevard Request for a second one (1) year time extension of the site plan (NWSP 06-011) approved on May 2,2006, thereby further extending site plan approval from May 2, 2008 to May 2, 2009. The Arches (SPTE 08-010) Bonnie Miskel, Esq., Siegel, Lipman, Dunay, Shepard & Miskel, LLP Boynton Ventures I, LLC Southwest corner of Ocean Avenue and Federal Highway Request for a third one (1) year time extension ofthe site plan (MSPM 05-008) approved on September 6, 2005, thereby further extending site plan approval from September 6, 2008 to September 6, 2009. Tuscan Villas (SPTE 08-011) Ken Tuma, Urban Design Studio Tuscan Villas @ Boynton Beach East of Federal Highway; approximately 1,100 feet north of Gulfstream Boulevard Request for a second one (1 )-year site plan time extension of the site plan (NWSP 06-002) approved on April 18, 2006, thereby further extending site plan approval from October 18, 2008 to October 18, 2009. Planning and Development Board Meeting Agenda November 25, 2008 Page 3 D. Pet Care Code Review 1. PROJECT: Pet Care (Boarding & Oaycare) (CORV 09-001) AGENT: C ity-i n itiated DESCRIPTION: Request for interim amendments to the Land Development Regulations, Chapter 2, Zoning to add provisions and regulations for Pet Care (Boarding and Daycare) in the C-3, C- 4, CBD, PCD, SMU, MU-L 1, MU-L2 and M-1 zoning districts. 8. Other 9. Comments by members 10. Adjournment NOTICE ANY PERSON WHO DECIDES TO APPEAL ANY DECISION OF THE PLANNING AND DEVELOPMENT BOARD WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING WILL NEED A RECORD OF THE PROCEEDINGS AND FOR SUCH PURPOSE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDING IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. (F.S.286.0105) THE CITY SHALL FURNISH APPROPRIATE AUXILIARY AIDS AND SERVICES WHERE NECESSARY TO AFFORD AN INDIVIDUAL WITH A DISABILITY AN EQUAL OPPORTUNITY TO PARTICIPATE IN AND ENJOY THE BENEFITS OF A SERVICE, PROGRAM, OR ACTIVITY CONDUCTED BY THE CITY. PLEASE CONTACT JOYCE COSTELLO, (561) 7 42-6013 AT LEAST TWENTY (24) HOURS PRIOR TO THE PROGRAM OR ACTIVITY IN ORDER FOR THE CITY TO REASONABLE ACCOMMODATE YOUR REQUEST.11-27 S:\Planning\SHARED\WP\AGENDAS\P&D 1\2008 Agendas 11-25-08 Agenda Meeting new template.doc r 1!~~qY~Te~ eRA . East Side-West Side-Seaside Renaissance eRA BOARD MEETING OF: December9,2008 I I Consent Agenda I X I Old Business New Business Legai Other SUBJECT: Consideration of Monthly Policing Reporting Format SUMMARY: This item is on the agenda at the request of the Vice Chair, Jose Rodriguez, sent in several e-mails on November 24th and November 25th (see attached) in which he requests that CRA staff review the minutes to refresh their memory regarding when Chief Immler "described what he was going to provide us, so that we are all on the same page. . . ". In reviewing the minutes from the last meeting the Chief attended, which was July 8, 2008 (see attached), there is no statement from the Chief regarding a promise to change the reporting methods of the CRA police. However, Sgt. DeGiulo did change the format of the reporting (see attached OLD and NEW formats). Additionally, Sgt. DeGiulo created a Progress Report which was included in the November Board packet. The NEW reports are more descriptive of the activities of the CRA Police unit. The Progress Report provided a comprehensive wrap up of the actions and results of the unit. Both new reporting formats show the net change in various crimes. For the period of March 17th - October 22nd, 2008, there was an overall reduction in criminal activity from 2007 to 2008 within the CRA. Also attached is the list of Police Reporting Areas and the accompanying map. FISCAL IMPACT: None CRA PLAN, PROGRAM OR PROJECT: Community Policing Innovation Program RECOMMENDATIONS: If the Board desires a different reporting format or additional information, please provide direction to staff. c@;~ Vivian L. Brooks Assistant Director T:\AGENDAS, CONSENT AGENDAS, MONTHLY REPO~TS\Completed Agenda Item Request Forms by Meeting\FY 2008 - 2009 Board Meetings\12-9-2008 Meeting\Police Reporting Format.doc Brooks, Vivian :rom: Sent: To: Cc: Subject: Bright, Lisa Tuesday, November 25,20086:31 AM 'deguilioj@ci.boynton-beach.fl.us' Immler, Matt; 'Jcherof@cityatty.com'; Brooks, Vivian Fw: Fwd: eRA District Policing Good morning Joe, I have never been clear about what Jose has wanted differentiated from this program. In light of the fact, the Chief has discussed this more than three times publicly maybe we should have "deliverables" in some written form as a way to evaluate crime reduction? I am looking for assistance from what might be able to present at the December 9th meeting as part of our ongoing monthly activity. Lisa Sent from my BlackBerry Wireless Handheld (www.BlackBerry.net) -----Original Message----- From: jraguGlz@aol.com <jreguez@aol.com> To: Bright, Lisa Sent: Mon Nov 24 21:36:30 2008 Subject: Fwd: CRA District Policing 1m hoping after several months of asking we will have the new reporting that trully .neasures this CRA policing effort.. also, id like to see this book you are referencing.... To date the CRA Police unit has compiled a comprehensive book identifying all our local vagrants and prostitutes, Regards, Jose -----Original Message----- From: Zachary Cooke <zcooke1@gmail.com> To: Bright, Lisa <BrightL@bbfl.us> Cc: Taylor, Jerry <TaylorJ@bbfl.us>; jreguez@aol.com; Hay, Woodrow <hayw@bbfl.us>; Ross, Marlene <RossM@bbfl.us>; Weiland, Ronald <WeilandR@bbfl.us>; Bressner, Kurt <BressnerK@bbfl.us>; Immler, Matt <ImmlerM@bbfl.us>; DeGiulio, Joseph <DeGiulioJ@bbfl.us> Sent: Sun, 23 Nov 2008 4:03 pm Subject: Re: CRA District Policing Hi Lisa, Thank you for the prompt response with regards to my inquiry. It is reassuring to know that our city officials and law enforcement are aware and taking action to clean up prostitution and crime in the Federal Corridor. 1 While I believe it is important that the BBPD continue patrolling the area and having a police presence, I am curious to know if the city and law officials have identified any long term strategies to combat this? As you mentioned, arrests are made, misdemeanor offenses are issued, and then it's back to work for most of these women. \gain on my drive home from work last week I saw a prostitute walking directly across the street from the new park. A prostitute that I have been seeing for years now, a tall African American women. I am sure she is in your file and the police probably know her by name and yet she is freely soliciting prostitution at the expense of the community. How does this federal corridor area fit into the BB CRA plan short and long term development plan? Can you please provide more details with regards to what took place at the meeting on Nov 18th and the schedule for Dec 9? Regards, Zack Cooke On Mon, Nov 10, 2008 at 4:35 PM, Bright, Lisa <BrightL@bbfl.us> wrote: Dear Mr. Cooke, This email is in response to your concerns regarding illegal activities within the CRA District. The CRA Police Unit conducted a Prostitution Reversal Sting on August 1st 2008 located across the street from the new park and adjacent to the Homing Inn. The Operation yielded 17 arrests, which were documented in August 2008. A Prostitution Sweep along South Federal Highway was conducted utilizing an undercover Police Officer that led to the arrests of 8 prostitutes, which were documented in July 2008. The five-officer eRA Police unit arranged prior to both operations that the arrested parties be diverted to an education program to clean up. Both operations can be viewed on YouTube. To date the CRA Police unit has compiled a comprehensive book identifying all our local vagrants and prostitutes, which would indicate the unit at one point in time stopped these individuals and questioned them. We have made numerous arrests concerning these individuals since the above operations. Unfortunately, the courts are lenient on these individuals because most of them are still around much to your dismay as well as Boynton's finest. An additional Prostitution Sweep is scheduled for the beginning of December and the unit is currently working on the Texaco, Atlantic Lounge, and other motels in the area in reference to drugs and prostitution. As a final note, it is extremely helpful to visit the following web link: www.linkingcommunities.com/bbpd this site would provide detailed information for citizen involvement and the ability to review crime stats frequently. If you wish to discuss the matter directly with the City Commission the next meeting is November 18th and the CRA Commission is on December 9th both held in City Commission Chambers at City Hall. If I can provide any further assistance, please call me. Lisa Lisa A. Bright Executive Director Boynton Beach Community Redevelopment Agency 915 S. Federal Highway Boynton Beach, FL 33435 561.737.3256 - Office 561.236.8838 - Mobile 561.737.3258 - Fax email: brightl@ci.boynton-beach.fl.us 2 Additionally. the courts tend to divert those arrested for these offenses to a public health educational/rehabilitative program as opposed to trial and sentence. Consequentiy, being arrested for prostitution isn't much of a deterrent. The "cheap" hotels along Federal Highway tend to accommodate this type of activity which adds to our problems of detection and control. Nonetheless, our efforts will continue until redevelopment solves the problem for us. The "book" that is referred to in Lisa's message is helpful to our officers in determining whether additional street people are moving into the area. This would be significant information in that we would need to determine what is drawing them here if. The book is mostly used by patrol units since the CRA unit is more familiar with the "regulars" in the area. Judging from the monthly reports that Sgt. Deguilio is submitting, the level of productivity is more than appropriate for this size unit which is essentially a neighborhood intervention team along the lines of our CAT (Community Action Teams) function. Their job is to provide police presence for CRA functions and to work with the other elements of the CRA to find long term solutions to neighborhood and business related crime and nuisance problems. The traditional short-term indicators of police effectiveness such as officer productivity and crime activity don't provide a good analysis for the purpose of evaluating this unit. Perhaps the best way to determine the effectiveness of your police unit would be to consider its contribution to the overall mission of the CRA when you evaluate the entire redevelopment operation. Of course, promptly. if there is any specific data that you are requesting, I will provide it Let me know. Matt G. Matthew Immler Chief of Police City of Boynton Beach 561-742-6101 immlerm@ci.boynton-beach.fl.us -----Original Message----- From: Bright, Lisa Sent: Tuesday, November 25, 2008 6:36 AM To: 'j reguez@aol. com' Cc: Immler, Matt; 'deguilioj@ci.boynton-beach.fl.us' Subject: Re: Fwd: CRA District Policing Jose, I will again request the unit attempt to present the deliverable data in a format that represents the unit's contribution to the CRA for additional crime reduction. I will ask Sgt. Degulio to meet with regarding the book you are referring to since it belongs to the police not CRA staff. Lisa Sent from my BlackBerry Wireless Handheld (www.BlackBerry.net <http://www.blackberry.net/> ) -----Original Message----- From: jreguez@aol.com <jreguez@aol.com> To: Bright, Lisa Sent: Mon Nov 24 21:36:30 2008 Subject: Fwd: CRA District Policing 1m hoping after several months of asking we will have the new reporting that trully measures this CRA policing effort.. 2 :3-. :::1 i d 1 i kfc' ~,\~\" ~ L 1 s beY, k , - " \ C To date the eRA Poli2e unit has cmpi,p'j local vagrants and prostitutes, I-'(\mr'l pr!r-=-eor ~ \,';"3' ~-'. 1 rj i::: r: t. ; ~ ;/ i Regards, Jose -----Original Message----- From: Zachary Cooke <zcookel@gmail.com To: Bright, Lisa <BrightL@bbfl.us) Cc : Taylor, Jerry <TaylorJ@bbfl. us>;: reguez(9aol. c:om; tidY, \^lex )J:'0! ',tJdYI,,(9bbf 1 .J2 Marlene <RossM@bbfl. us>; Weiland, Ronala "WeilandR@brfL .j"., Brc::ssner, I<urt <BressnerK@bbfl.us>; Immler, Matt "ImJT,]erM0bbfl'; [,el~j ,.J , 'r:'er:;i~ Lclld(t " Sent: Sun, 23 Nov 2008 4:03 pm Subject: Re: CRA District Policing Hi Lisa, Thank you for t_ he prompt respon2e \.! i ~ r: u~ga r t ( fT.'y 1; 1 I It is reassuring to know that our city f~iclals dnJ ~aw enlorcement dre aware a kir action to clean up prostitution and crime in the Federal ~orridor. While I believe it is important that the BBPl;:::onr LrJue ~"'trolJLI\q t h" c:Jreil :Jr"J l'cl police presence, I am curious tc know if the 'it i3:'Hl ]a',ffi oj!:') t-o','cc ;clenti 'il!', long term strategies to combat this? As you mentioned, arrests are made, misdemea r fpnses -lre.' j"S\lec, one; ~,pn I ' c work for most of these women. Again on my drive home from work last week] sa',,, d [.'IC'S1., T.ute '1<1 a 1 King DirE>::! ly 0' street from the new park. A prostitut8 that have been se8ing for jieiU,~ no..",,> African American women. I am sure she .is ill y=>ur file ""tel the i,"e plubatl'i ':I,c.r name and yet she is freely solicitinq l=-'ros1.i1<J1: (L ;,1 expense.f .1,,, ')TTlTll;! How does this federal corridor area Eil development plan? Can you please provide the meeting on Nov 18th and the schedule lnte, the BB "Pi', f.'lan sr:c.>rt Dare detai]~ wjt~ r'eqar:is t ~llr nF:i' (:': a r i r___.1 1 i- r 1 ,~ r p ~ ',d a ~ ",,: k , f- ~.l t Regards, Zack Cooke On Man, Nov 10, 200f: at 4:3';; PM, Bright, Ljsa <8righrLldLr,f".lj's 'ell F-: Dear Mr. Cooke, This email District. The located across yielded 17 arrests, which were documented in August 2008. Federal Highway was conducted utilizing an under arrests of 8 prostitutes, which were Jocumerlted 111 unit arranged prior to both operations that the dlrested parti~s educati on program 1~o clean up. R0th ol='era-r j ,ms 'ar, OF ': j eweri is in response to your concerns regarding Illegal activlties witr:" CRA Police Unit conducted a Prostitution Reversal Sting on Augus1 the street from the new park and aeent to the Homing Inn. Th~ ,: IJ (j I. i)r~'f'!.2t"i f' Fr(,,~tl.tutj'_)n Sweep i;lJOllg ver ice ffi~er that led Ie j l_) t: . 1 j ~-:' ~ 1 \.' E; - C -i-- f .L ;-:::' E. 1 r ~ ...1, 1 Le .::::ti '\/1-:'; Y t-~ r Tul r: -j To date the CRA Police unit has compiled a comprehensive book identifying all our local vagrants and prostitutes, which would indicate the unit at one point in time stopped these individuals and questioned them. We have made numerous arrests concerning these individuals since the above operations. Unfortunately, the courts are lenient on these individuals because most of them are still around much to your dismay as well as Boynton's finest. An additional Prostitution Sweep is scheduled for the beginning of December and the unit is currently working on the Texaco, Atlantic Lounge, and other motels in the area in reference to drugs and prostitution. As a final note, it is extremely helpful to visit the following web link: www.linkingcommunities.com/bbpd this site would provide detailed information for citizen involvement and the ability to review crime stats frequently. If you wish to discuss the matter directly with the City Commission the next meeting is November 18th and the CRA Commission is on December 9th both held in City Commission Chambers at City Hall. If I can provide any further assistance, please call me. Lisa Lisa A. Bright Executive Director Boynton Beach Community Redevelopment Agency 915 S. Federal Highway Boynton Beach, FL 33435 561.737.3256 - Office 561.236.8838 - Mobile 561.737.3258 - Fax email: brightl@ci.boynton-beach.fl.us Traveling over the river or through the woods this holiday season? Get the MapQuest Toolbar <http://pr.atwola.com/promoclk/100000075x1212816426xI200798402/aol?redir =http://www.mapquest.com/toolbar?ncid=emlwemqmq00000001> . Directions, Traffic, Gas Prices & More! Traveling over the river or through the woods this holiday season? Get the MapQuest Toolbar <http://pr.atwola.com/promoclk/100000075x1212816426x1200798402/aol?redir =http://www.mapquest.com/toolbar?ncid=emlwemqmq00000001> . Directions, Traffic, Gas Prices & More! Traveling over the river or through the woods this holiday season? Get the MapQuest Toolbar <http://pr.atwola.com/promoclk/100000075x1212816426x1200798402/aol? redir=http://www.mapquest.com/toolbar?ncid=emlwemqmqOOO00001> . Directions, Traffic, Gas Prices & More! 4 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida July 8, 2008 successful, by $310,321 for FY 08/09. Additionally, if the changes were not successful, the board members could readjust them again in six months. The CRA used data from December through May in their analysis of the routes, including daily requests for a Library stop, which the trolley operator indicated was easily accommodated. Staff would continue to monitor the issue and bring back an update in 90 days, especially after October to November, if they started seeing an increase in the riders returning for the winter, or that the early morning routes affected the students returning to school. It was noted the northern route was constantly adjusted until it met the needs of the community. The program was a pilot program that was budgeted with rollover funds. Vice Chair Rodriguez preferred not to adjust the southern route until they had a full year's data knowing the economy would continue to decline and ridership may increase. Ms. Brooks explained the southern route was predominately retirees, which was the basis for adjusting the route now. There was agreement the adjustments would be made and the item would be revisited in October and November. The impact of seasonal residents returning for the winter and school being in session could then be gauged. Motion Mr. Hay moved to accept the recommendation of the CRA Staff. Mr. Weiland seconded the motion that unanimously passed. C. Discussjen R&@&fsingthe eRA PolicineProgram Vice Chair Rodriguez felt there was good data about activity taking place in the CRA with policing. He advised the statistics showed there was activity, but he inquired how they gauged the effectiveness of the program, compared to when there were no supplemental police. Matt Immler, Police Chief, explained it was difficult to attribute reductions in crime to police activity. He advised two issues affected crime, the first being age demographics. and the second was the economy. He emphasized those two factors, overwhelmingly determined whether crime would increase or decrease. Presently, there were more individuals entering the age group between 15 and 39 and as that category increased, the crime would also increase. The most direct effect of crime in Boynton Beach were burglaries, which was the one crime that was the precursor for a crime problem. They plotted burglaries for six months in the City and there was not much of an appreciable change. They noticed pockets of crime that appeared and disappeared. In the eRA area, using the 2007 statistics, the CRA Heart of Boynton area had the largest crime reductions in Districts II and III. 8 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida October 14,2008 D. Wavier of First Right of Refusal - Sasha Lagano - HAP Program Mr. Weiland explained he did not think the CRA would want to buy this back from Ms. Lagano at the present time. He explained there were still many empty units available that were brand new. Her unit was not sold and the lien was not being removed. Once the unit sold, the monies would be paid back. Motion Mr. Weiland moved to not exercise the first right of refusal (motion to approve). Vice Chair Rodriguez seconded the motion that unanimously passed. VII. Information Only A.~~~ AetNfty ~btffdftfYt!.~ f!Jf ~1J_i ...... Ols1riQ.Ststistios for the Mentha of August .lmEJ seph!f1\'bet, 2008 ~ir:;hair RQdrig~ inquired a!~.iH~"~"'niel~J~, ~ ,.> ~ .. :;;~f~~O :: ~~:r~~eP~~R~~ ~='r:~P~~~ ~6~~~aLIr~~ su.ste<ftne Chi~f be contacted. Vice Chair Rodriguez requested Ms. Bright foIlQw up tcf~rn those statistics. B. Boynton Beach CRA and Trolley Website Updates C. INCA Newsletter D. Minutes of the Boynton Beach Arts Commission Meeting on August 26, 2008 E. Update on Boynton Beach Faith-Based CDC Development of 3 Homes on Sea crest. Mr. Hay inquired if the Boynton Beach Faith-Based Community Development Corporation and R. M. Lee were still a part of the project. Ms. Brooks responded the Boynton Beach Faith-Based Community Development Corporation currently owned the homes and had contracts on all three homes. In December of 2006, they entered into a purchaser Developer Agreement and it took over a year for the homes to be constructed. The developer did not meet the performance standards, but not necessarily through their fault. They originally had three applicants who fell out of the program and they currently had three applicants. Ms. Brooks explained it was questionable whether individuals could ma~e it through the mortgage lending process in the current environment. The sales price of the unit was 3 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida July 8, 2008 Most of the police discretionary activity was devoted to the HOB area and performed by the CAT team. The CRA police were over and above the call taking officers as were the officers on patrol, and some of the officers with call handling duties were given discretionary police duties. He thought logically a connection could be made, but he could not say it was due totally to the police activity. The five CRA officers would be active and visibly patrolling the area. They rode the trolley due to complaints of harassment, patrolled during the Fourth of July celebration performing security maintenance, and attended homeowner's association meetings. All efforts contributed in some manner to a reduction in crime. He thought continuing to fund the five CRA police officers would be worthwhile. Chief Immler explained another indicator of effectiveness were the calls for service. which had decreased over the last two years. During the first six months of service, the calls for service were down by over 1,200 calls. He advised if the discretionary service efforts were successful, it would equate to diminished calls for service and the workload for the force being reduced. Since they were able to engage in that, and the CRA officers were part of that, the workload in the CRA area was also reduced. Mr. Weiland inquired about the number of calls for services on the monthly report and inquired why there were so many calls for services in relation to the number of arrests. It was explained a call for service could be for anything, not necessarily a crime. There was no industry standard establishing any ratios of crimes to arrests that could be used to measure success. Chief Immler believed he was referring to clearance rates. When a burglary occurred, the crime could be cleared either by arrest, or by exception, which was when it was known who committed the crime and for some reason, they would be unable to prosecute. Boynton Beach's clearance rates were above the State and County levels and were contained on the Police Department website. Ms. Ross thanked Chief Immler for the preventative measures he had undertaken, especially in the HOB, and in the present economic times. She was aware burglaries had been increasing in the new construction sites and was in favor of continuing the service. D. Consideration of Financial Impacts for the Museum of Lifestyle and Fashion History Ms. Bright explained at the June meeting, staff was director 0 expand the CRA boundary to include the three parcels owned by the Museum of Lifestyle and Fashion History. Staff performed a cursory analysis based on comparable sales and impacts to the agency, particularly to land uses and zoning. A proposal was included in the meeting materials. 9 Boynton Beach Police Department Year-To-Date Crime Report 2007 /2008 CRA District ~, ~"'t~..~.t!fOrt* APRIL 2008 ';'.it CRIMES Apr-08 Apr-07 + /- Mar-08 + 1- V-T-D V-T-D + 1- 2008 2007 Criminal Homicide 0 0 0 0 0 1 1 0 Sexual Offense 0 0 0 0 0 0 2 -2 Robbery 5 9 -4 4 1 24 20 4 Aggravated Assault 9 14 -5 14 -5 43 58 -15 Burglary 9 13 -4 9 0 50 59 -9 Larceny 25 33 -8 32 -7 119 139 -20 Auto theft 4 3 1 3 1 22 10 12 TOTAL 52 72 -20 62 -10 259 289 -30 ARRESTS Apr-08 Apr-07 + 1- Mar-08 + 1- V-T-D Y-T-D + 1- 2008 2007 Criminal Homicide 0 0 0 0 0 1 3 -2 Sexual Offense 0 0 0 0 0 0 0 0 Robbery 1 5 -4 3 -2 10 5 5 Aggravated Assault 5 10 -5 8 -3 20 27 -7 Burglary 1 6 -5 1 0 9 10 -1 Larceny 2 6 -4 2 0 18 29 -11 Auto theft 2 0 2 1 1 3 0 3 TOTAL 11 27 -16 15 -4 61 74 -13 CALLS FOR SERVICE Apr-08 Apr-07 + I - Mar-08 + 1- V-T-D Y-T-D + I - 2008 2007 TOTAL 1580 1687 -107 1506 74 6194 6790 -596 12/05/2008 eRA Police Team <,,~ /" MONTHLY ACTIVITY REPORT < li,ol \~.. \ \~\ ..'" <<~~ .~ -1 ~',I .; Start Date 04.2/08 End Date 04/26/08 " 1'/ {I IiI 04-02-08 -Operation "Glory Days" at Mangrove Park resulting in 3 arrests and 5 Trespass Warning.s, -QOL Sweeps on Federal Highway Corridor resulting in 3 arrests. 04-09-08 -Homeless Camp Identification Initiative. -Met with youth at the Carolyn Sims Center during spring break to take part in some activities. -Operation "Glory Days" at Mangrove Park resulting in 3 Arrests and 4 'frespass Warnings - Video Buys in HOB area. -QOL Sweeps on MLK corridor resulting in 4 arrests. -Assisted D-Bureau in executing a search warrant at 5]2 NE I" Street 04-/6-08 -QOL Sweeps on South Federal Highway resulting in 4 arrests S charges and 2 COV's and one fRF\v -Assisted community members with "The Great American Clean-Up" -Trained for upcoming IPMBA Bicyclist Course. -Patrolled a total of 16 miles on Bicycle in the CRA District. -Video Buys in HOB area (23 in total). 04-2] -08 -Participated in Train Awareness Week with the Traftic Unit. -Participated in a search warrant at 135 SW 3rd Ave #37 with CAT (West) which resulted in the largest heroin recovery in Boynton Beach Police history (23 grams). Approximately 14 pound of martjuana was also recovered from the residence. -Trained for rPMBA Bicycle Course. -Attended a City Event at Boat Club Park. - Patrolled a total of 23 miles on Bicycle in the CRA District. Misdemeanor 34 Cocaine 7.2gms Cash $1915.00 Felony 13 Methamphetamines Vehicles 3 Citations 9 Marijuana 1.8gms Warrant Arrests ] Heroin Charges Filed 39 Schedule II Warrants Executed 2 Schedule III T07:4L ARRESTS 48 Schedule IV Guns MONTH: MAY 2008 C\\1>OL[Ci?"., '~'?>'/,'" />'0\ '9'.' /j:'O~~F,ICEIi' l3, '~"', ,~ I, ''7 ,." L-,--- , , "" ",. ,"""I.'f"!' ;""L j~;'~' /\ ' ' > " ~...~, / I , ) ,,', ( ) ...-"........ . ,I ' \ ' ',_ II} ..' \~~.L';j;/ "~~ eRA Police Team MONTHL Y ACTIVITY REPORT 05-OJ-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. -Began 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) -Drug Investigations in HOB (9 in total). 05-12-08 -Along with CAT West, executed 2 Search Warrants at 20 I NE 9th Ave and 503 SE 23 rd 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 I 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 of29.9gms 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 DUI 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 illegal establishment in the northeast sector of the City. \ III \ II!!' " I' 'I" .lrrL'\/"" f~ \11111 ({flU/HI' " ,JIll !{Il!_ Misdemeanlll 1/ Felon\ (, Citations I I Wan'ant Arrests + Charges Filed 24 Warrants Executed 6 l1'QTf\!:: A~STS ~____[l9-1 ( .( lcallh' ; Ogm', \1ethamphetamines Manjuana 24,4grns Heroin Schedule II Schedule II I Schedule IV ( a~h Vehicle, ( illn~ 06-02-08 eRA Police Team MONTHL Y ACTIVITY REPORT MONTH: JUNE 2008 -Heightened Trolley patrols due to the last week of school. -Surveillance at an illegal establishment in the northeast sector of the City. -Conducted Burglary Suppression detail at Boynton Isles. -Bicycle patrol along the South Federal Highway Corridor. / 'c\\- rgL!ci"-., ~~/1 ',- / IIJ'\ <..~.ZJ'..." b::...F....:.~..~~ L~-O',,~.. ..... . \' I,~j\ /). .~/ ~.~J \)". ; ~-\:-l)/ . ~_L-?" / '-~~ -Walk and talk with residents of Boynton Isles due to recent burglaries, also handed out Crime Prevention Pamphlets to every home in the above development. 06-09-08 06-16-08 06-24-08 -Burglary Suppression in Boynton Isles -Surveillance at an illegal establishment in the northeast sector ofthe City. -Drug Investigations in the HOB. -Patrolled the Heart of Boynton in vehicles -Patrolled the South Federal Highway on Bicycles -Extra Patrols at the Women Center, 1200 S Fed, Manor Isles, and Boynton Isles -Burglary Suppression in Boynton Isles -Surveillance at an illegal establishment in the northeast sector of the City. -Extra Patrols in all City Parks in the CRA District. - Traffic Enforcement along the Federal Highway Corridor. -Search Warrant wi CAT (west) @ 320 NW 3rd Street, which resulted in one arrest. -Patrolled HOB in vehicles -Patrolled the HOB, Federal Corridor, and Marina Village on bicycles -Rode the CRA Trolley's South route. -Burglary Suppression in Boynton Isles -Surveillance at an illegal establishment in the northeast sector ofthe City. -Patrolled the South Federal Highway Corridor and HOB in vehicles. -Assisted BBPD SWAT, PBSO SWAT, BBPD CAT, and ICE with warrant pick ups. Operation led to II gang members arrested. -Investigation ref to a crime stopper tip in the SE Sector of the City. -Assisted Road Patrol with calls in the CRA District due to alar e call volume and for being short handed. "\ \1\..dU...U (tlIU (lIIL:')LCU dlJ IJ1UI\ tUUdl ~\II. \.,\liIIIUllllllb <-lll ..:lJ,lll.:.-U l"lJlILt.~ ~U resulted in CRA Police Ilnit's OtliCCI Hancv heinl< voted Officer (lfthc \1'\lltl1l11 III It U,- <ill -Patrolled the Federal Highway ('mnJ,\[' Marina \! illage. dnti H< m (In hie" IL" -Assisted the Traffic Unit in a Dlil "aturation along South rederal High\hl\' \\hidl resulted in II'! citations. =' possession of marijuana arrests. and i warrant Misdemeanor Felon.... Citations Warrant Arrests Charges Filed Warrants Executed [IC)IAL ARRESTS 14 5 Cocame 2.2gms Methamphetamines Marijuana Heroin Schedule II Schedule III Schedule IV Guns Cash Vehicles 2 2 I -- i 21 J 07-01-08 07-07-08 07-14-08 07-21-08 eRA Police Team MONTHLY ACTIVITY REPORT MONTH: JULY 2008 -Prostitute Sweep on South Federal Highway yielded 4 arrests -QOL sweeps throughout CRA District yielding 7 arrests -Salute to Independence Detail at Intracoastal Park -Bicycle Patrol throughout CRA District with an emphasis on Sterling Village, Marina Village, and Coastal Towers -Attended CRA Board Meeting -CRA Officers attended and assisted the Mike Rumph Football Camp for the week -Extra Patrol at 100 E Boynton Beach Blvd reference to a complaint about the CRA Trolley Stop -Conducted Burglary Suppression at Sterling Village reference to a spike in forced entry Burglaries -Assisted the Traffic Unit with a Quad! A TV operation in the HOB, which yielded 3 arrests and 3 off road vehicle impounded -Due to a large call volume, the CRA unit assisted Road Patrol with calls for service in the CRA District -Conducted Burglary Suppression at Sterling Village reference to a spike in forced entry Burglaries -Extra Patrol at 100 E Boynton Beach Blvd reference to a complaint about the CRA Trolley Stop -Due to a large call volume, the CRA unit assisted Road Patrol with calls for service in the CRA District -Conducted Burglary Suppression along Railroad Ave and Federal Highway, which yielded an arrest for an individual that was responsible for 4 auto burglaries -Prostitute Sweep on South Federal Highway yielded 5 arrests -Conducted extra patrols on all City Parks in CRA District -Bicycle Patrols along North Federal Highway -Assisted Crime Prevention at the Carolyn Sims Center reference to an event -Conducted Burglary Suppression at Sterling Village reference to a spike in forced entry Burglaries -Extra Patrol at 100 E Boynton Beach Blvd reference to a complaint about the CRA Trolley Stop -Due to a large call volume, the CRA unit assisted Road Patrol with calls for service in the CRA District -Traffic Enforcement in the HOB Area and South Federal Highway Corridor -Conducted Extra Patrols at all City Parks in the CRA District -QOL sweeps throughout CRA District yielding 7 arrests 07-28-08 -Assisted Road Patrol with call, lor ,erVlce in the lKA UistrH! -Assisted Investigative Service, locate individuab -Conducted extra patrols Oil all ( itv ['arb in ('RA [)istrict -Extra Patrol at 100 E Boynton Beach Blvd reference to a complaint about the eRA 1 rolley Stop -Traffic Enforcement in the HOB Area and South Federal Highway Corridor. resulted in 2 arrests. cocaine seized. and one vehicle for forfeiture ./rrnll Misdemeanor Felony Citations Warrant Arrests Charges Filed W arrants Executed IT9_T AL ARRESTS 27 14 6 5 Cocaine 1.1 gms Methamphetamines Marijuana 3.7gms Heroin Schedule II Schedule III Schedule IV Guns Cash Vehicles 146 J eRA Police Team MONTHL Y ACTIVITY REPORT MONTH: AUGUST 2008 -Conducted reverse prostitution sting at 2700 South Federal Highway (I7 arrested) 08-04-08 -EXPA at 100 E Boynton Beach Blvd Trolley Stop in ref to panhandling complaints -Assisted Road Patrol with calls for service -EXP A at all City parks within CRA District -EXPA at First Financial Plaza in ref to vagrant complaints / 'C\\Y_OLIC~> / ~~/ "J [".0"', ,~.'<;lV':OI'FIC!Oi?' ~~~\ n' / - ,~ \, '~.~.. '. fI./:;."'%"'\' 2';11!,' " \lDj) / " ! ~.~/ \ . . / .~ \ \" ~-ij; , ........ eST. 1920 -Attended the CRA Board monthly meeting -------------------------------------------------------------------------------------------------------------------------------------- 08-11-08 -Drug Investigations in the HOB -Surveillance at target along the Federal Highway corridor -QOL sweeps throughout CRA District resulting in 5 arrests -Assisted Road Patrol with calls for service -EXP A at all City,parks within CRA District -EXPA at First Financial Plaza in ref to vagrant complaints -Traffic Enforcement and vehicle patrols throughout CRA District -Drug Investigations in the HOB 08-18-08 -Assisted Road Patrol with calls for service -EXPA at all City parks within CRA District, arrested 3 for COVs and active warrants. -EXPA at First Financial Plaza and Jans Jewelers in ref to vagrant complaints - Traffic Enforcement and vehicle patrols throughout CRA District -Surveillance at Texaco on South Fed in ref to prostitution complaints -Meeting with State Attorney's Office ref to Felony Folders on drug investigations -Conducted High Visibility Trolley patrols and EXPA at WalMart ref to juvenile complaints 08-25-08 - Worked on putting together 2 search warrants -Conducted drug investigations in HOB resulting in 16 more incidents - Worked on Homeless Outreach and Education Program -Identified a possible suspect (arrested for L&P) in the Sterling Village burglaries \ f( ) \ r f i' \ I ( ),' II \, .11/"1('\1' j I//lU' ,till ,f I/I/lllli' !'vi lsdemeanor {5 i ('caIll, (I~nl ( ash Felony 13 !'vIethamphetammes Vdlll'!(:''i Citations 1-:' Marijuana XI> W arrant Arrests Heroin Charges Filed 23 Schedu Ie II Warrants Executed pilb LIQT ~L ARRESTS l~[] Schedule III Schedule IV Guns MONTHL Y ACTIVITY REPORT " \:\ POLIc ", / C '" -----;" 'l] "', /~'?>/I "~ r /) " ~L~3bfmt~l ~~"r,\ ",' ~,''''''''''l;.~.~':' "t I{~ ,,'I' :',\ /1 -,' , ' ~"'. ;, ,,/ " I " -" ')' ""-W \ ,; !\ " ~~\_ /c... 'h. ." ,;;,,':,L~ / ''',-~ eRA Police Team MONTH: SEPTEMBER 2008 -Rode the 1658 Trolley on the North Route all week. 09-01-08 -Conducted Extra Patrols at the Mall, WalMart, and Target ref to CRA Trolley complaints -Attended the CRA Monthly Board Meeting -Extra Patrols at all City Parks in the CRA District - Walked through 2 Search Warrants applications -Assisted Jan's Jewelers with the "Trespass Agreement" packet -Investigated a complaint that came in via CCC ref to drugs and prostitution at the senior center and Citgo -Traffic Enforcement and vehicle patrol throughout the CRA District -Assisted Road Patrol with calls for service -QOL Sweeps resulted in 4 arrests for possession of cocaine, marijuana, and COVs -Attended briefmg reference to Operation at Boca Police Training Facility 09-08-08 -Assisted DEA and CAT West on a joint operation, which consisted of 18 search warrants and 84 arrest warrants all for the illegal sale and distribution of cocaine and crack cocaine. -Conducted sweeps to locate and arrest individuals with Federal and State arrest warrants that eluded arrests on 09-09-08. (Unit located 8 individuals with outstanding warrants ref to the above Op) - Assisted CAT West on the execution of 2 search warrants -Investigated a complaint that came in via CCC ref to drugs and prostitution at the senior center and Citgo -Traffic Enforcement and vehicle patrol throughout the CRA District -Assisted Road Patrol with calls for service -Rode the 1658 Trolley on the North Route all week. 09-15-08 -Conducted Extra Patrols at the Mall, WalMart, and Target ref to CRA Trolley complaints -Extra Patrols at all City Parks in the CRA District -Investigated a complaint that came in via CCC ref to drugs and prostitution at the senior center and Citgo - Investigated a complaint that came in via CCC refto drugs and prostitution at the Texaco and Mirabella - Traffic Enforcement and vehicle patrol throughout the CRA District -Assisted Road Patrol with calls for service 09-29-08 -Assiqed in the apprehension llfa suspect \111(1 was I\anted in an alleged l :lr,Jacklflc -Assi,ted in the apprehension l)f a Home InvasillTl Suspect that tIed to HUld fi :11, ,: -Began updating "Trespass Agreements"' wnh hllslnesse, \11 Ihe (' K A I llstric1 I nllial inquiry revealed lTIany (d the agreements were expired - Rode the 1658 Trolley on the North Route all week. 09-22-08 -Conducted Extra Patrols at the Mall. WalMart, and farget ref to CKA Irolley complaint" -Unit attended Narcotics Identification training at Broward Institute of Public Safety - Rode the 1658 Trolley on the North Route all week. -Conducted Extra Patrols at the Mall. WalMart, and Target ref to CRA Trolley complaints -Unit attended Narcotics Identification training at Broward Institute of Public Safety III ell, Misdemeanor 14 Felony 6 Citations 3 Warrant Arrests 7 Charges Filed 2 Warrants Executed 2 I --------r-:o" 1 I__TQIAL_ARRESTS ____~J Cocaine 4 Methamphetamines Marijuana ,I Heroin Schedule II I pill Cash V chicles Schedule III Schedule IV Guns 10-01-08 10-06-08 10- 13-08 10-20-08 10-27-08 eRA Police Team / /:\\ ?~LIc ~" , "'-c ~ >1; ^. /,-0V/1 '~ [''VA , I~VO\FICf1? 2S~ ~",iO,',...,' W......" .~,., ',' t ;:1L:~ /l' ',; '~I / ' ,I """'., \ / ,.: -'Y A'Y' , ,~ '.-./' "",-- \ L "--.. J:Sr." 19~O /' --------------- MONTHL Y ACTIVITY REPORT MONTH: OCTOBER 2008 -Officers attended the Narcotics Identification Class at BCC all week -Officers rode the 1658 CRA Trolley from Wal-Mart -Followed up with citizen complaints from First Financial Plaza and The Crossings -Officers rode the 1658 CRA Trolley from Wal-Mart -Traffic Enforcement along Federal Highway Corridor -Conducted surveillance at the CRA Office and the Anne Marie Motel in ref to recent drug activity; 2 arrested. -Assisted D-Bureau with Search Warrant -QOL Sweeps yielded 4 arrests and 7.5gms of cocaine seized -Assisted Traffic Unit with an operation on North Federal Hwy in reference to unlawful business activities -Joint Op with D-Bureau and CA T West with Robbery Suppression detail in ref to the rash of robberies at gas stations and mini-marts -Assisted Road Patrol with calls for service -Officers attended Street Gang School in Miami all week - Joint Op with D-Bureau and CAT West with Robbery Suppression detail in refto the rash of robberies at gas stations and mini-marts -Conducted surveillance at the CRA Office and the Anne Marie Motel in ref to recent drug activity -Assisted Road Patrol with calls for service -Attended the CRA Board Meeting -Officer attended Firearms Instructor Class at BSO all week -Joint Op with D-Bureau and CAT West with Robbery Suppression detail in ref to the rash of robberies at gas stations and mini-marts -Officers rode the 1658 CRA Trolley from Wal-Mart -Followed up with citizen complaints from First Financial Plaza and The Crossings -Bicycle Patrol along Federal Highway, First Financial Plaza, The Crossings, and Marina Village totaling 15 miles on bikes - Trespass Agreements in the CRA District were being updated with Business Owners - The Unit attended a Street Crimes Seminar at BSO all week ,\ / ( ) \ I ! /!' ! ( J I Ii' .lr/l'\/\ . II/iI! <I !'d!I I I I /~ .ill" l \ Misdemeanor Felony Citations Warrant Arrests Charges Filed Warrants Executed LTOTAL ARRESTS 6 eucaine Methamphetarnines Marijuana Ilewin ~chedule I I Schedule I II Schedule 1 V ( luns l aSII V dl!(: Ie S ,;, III' I IJIJ Boynton Beach Police Department eRA Police Unit Statistics and Pro~ress Report March 17th, 2008 to October 22n , 2008 Daily Activities: The CRA Policing Unit is constantly conducting extra patrols at all the parks located in the CRA District. We have patrolled on bicycles a total of 175 miles throughout the CRA District over the course of seven months. Our unit also routinely passes out Community Concern Cards to residents and businesses throughout the district to stay informed of the citizens' concerns as well as growing crime trends. Based on the information we receive on the Community Concern Cards we conduct extra patrols or operations in the area in order to address the issues. The BBPD Detective Bureau, Community Action Team, Marine Unit, Traffic Unit, and Road Patrol have all come to count on the CRA Unit's assistance for achieving their goals. All of the above units have used us for the execution of search warrants, burglary suppression, "hide and watch" drug sales, surveillance, juvenile warrant pick ups, etc., throughout the CRA District. The CRA Unit regularly meets with business owners as well as residents in order to update existing trespass agreements as well as create new ones. Trespass agreements are an important crime fighting tool so that all police officers can effectively keep people out of areas where they are not supposed to be in order to prevent crime. Our unit has assisted with or attended many community activities. They include meeting with children for activity day at the Carolyn Sims Center, participating in the Great American Clean Up at the 600 block ofN. Seacrest Boulevard, participating in the Train Safety Awareness Week, attending the Firefighter Fishing Tournament Charity at Boat Club Park, assisted with the CRA Fireworks event at Intracoastal Park on July 4th, and assisted with the Mike Rumph . Football Camp at the Ezell Hester Center. The CRA Unit routinely rides on the weekday evening trolley. This stems from complaints that numerous children from Congress Middle School flood the 4:50 trolley from Wal-Mart. Our officers have been riding the trolley since May until the start of summer and began riding it again at the beginning ofthe school year. Our efforts have provided the citizens a safe, trouble free experience. We have also provided a possible long term solution which should be implemented shortly. Our unit constantly keeps after the vagrant / prostitution problem. We have exhausted all attempts to help our repeat offenders with shelters, rehabilitation, job placement assistance, etc. We now have a zero tolerance approach for petty crimes committed by the same repeat offenders. Our goal is to make our city a less attractive place for them to live their lifestyle. The CRA Unit is highly diversified. We stay on top of existing as well as growing crime trends. When the unit began we were able to quickly make a name for ourselves to the rest of the police department ~s well as the repeat offenders who are found throughout the CRA District. Many of the problems have been handled quickly; however, there are still many that require a long term focus in order to properly address. It is important to remember that all crimes from a petty open container of alcohol to drug sales to racketeering all have an effect on the quality of life in the CRA District. These crimes are all currently being addressed by our unit. We can address these crimes more effectively and efficiently compared to our road patrol because we have the manpower, flexibility, time, leadership, and resources to do so. We will continue to proactively patrol the CRA District on bicycles and vehicles, marked and unmarked, to maintain our current positive momentum towards a better quality of life for everyone in the CRA District. Operations: Glory Days - The CRA Unit received numerous complaints from citizens in reference to lewd and lascivious activity in Mangrove Park. In April, the CRA Unit conducted an undercover operation that lasted four days which resulted in 15 arrests and 8 issued trespass warnings. A follow up with the park for several months after the operation revealed a significant decrease in criminal activity. Prostitution Sting - We conducted a prostitution sting along the S. Federal Highway Corridor. One of our officers was in plain clothes and drove an unmarked vehicle and picked up women who were soliciting for prostitution. The operation, which took place prior to the reverse prostitution operation, resulted in 7 arrests. Reverse Prostitution Operation - In August, the CRA Unit conducted an undercover operation where we had several female police officers pose as prostitutes in order to arrest people for solicitation. The operation resulted in 17 arrests that night. Undercover Video Drug Buys - The CRA Unit was a key asset to the CAT (West) officers. Their two year DBA wire tap came to a close with our unit along with the CAT officers conducting numerous undercover video drug buys. Our unit alone filed 68 felony charges as a result of the ongoing operation which all took place in the Heart of Boynton during the summer months. On 09/09/2008, the CRA Unit assisted 450 federal, state, and local authorities with the execution of numerous search and arrest warrants stemming from the above investigation. 62 wanted felons were arrested during that day alone. Top Six - Our unit assisted the BBPD SWAT Team, CAT officers, ICE, and PBSO's Gang Unit with the execution of search warrants on known "Top Six" gang member's homes. This was the start of a successful attempt in breaking up the Top Six gang which is responsible for numerous violent crimes throughout the county, city, and CRA District. Burglary Suppression - The CRA Unit has conducted burglary / robbery suppression operations in Sterling Village, Boynton Isles, area gas stations, convenience stores, and churches. Schools Attended: We have attended the IPMBA bicycle school at PBCC, the Narcotics Identification class at BCC, and the RICO gang prosecution class at the FDLE training center. We also have an upcoming class, Street Crimes, at BSO Headquarters. All of these classes have provided us with the tools we need to become more effective at recognizing and reducing crime in the CRA District. Upcoming Operations: We have several operations planned for the near future, they include but are not limited to, another reverse prostitution sting, resuming our investigation on a brothel located in the CRA District, and performing undercover drug buys in an apartment complex located along S. Federal Highway where ecstasy and other illicit narcotics are being sold. Holiday Deployment will include increased patrols on the CRA Trolleys, High Visibility Bicycle Patrols, and increased parking lots patrols of shopping plazas throughout the CRA District. Unit will also be participating in the annual "Shop with a Cop" Holiday Program at WalMart this year. We have already begun our investigation into charging members of the gang, YNR, under the RICO statute. YNR is a criminal street gang located exclusively in the Heart of Boynton. We have already identified 17 members ofthe gang. Our initial investigation has also revealed that this one gang is responsible for 50 -75 violent crimes to include robbery, burglary, auto theft, and connections to a homicide. Current Statistics: Statistics for the CRA Unit from March 1 ih 2008 until October 22, 2008; Felony arrest charges - 69 Misdemeanor arrest charges - 148 Warrant arrests - 25 Total people arrested - 120 Vehicles seized - 11 Money seized - $2102 Search warrants executed - 5 Arrest warrants filed - 91 Traffic citations - 41 Guns recovered - 1 We have recovered 70 grams of marijuana and assisted in recovering another 'l4 pound. Our unit has assisted in recovering 23 grams of heroin. The CRA Unit has recovered 23.1 grams of cocaine and crack-cocaine with an estimated street value of $6,930. A typical crack-cocaine arrest yields approximately .1 gram of crack-cocaine. In the CRA District from 03/17/2008 until 1 0/22/2008, there were 456 arrests made for street level crimes (possession/sale of drugs, robbery, burglary, auto theft, prostitution, open container, etc.). This includes all arrests made by road patrol, the traffic unit, detectives, the marine unit, the CRA Unit, and CAT. Our unit of only four officers and one sergeant made 95 of the 456 street crimes arrests or 21 % of all street level crime arrests in the CRA District for that 7 month period. Below are the current crime statistics for the entire CRA District. The figures were taken from March 17th, 2008 until October 22nd, 2008 and compared to March 17th 2007 until October 22nd, 2007. CRIMES 2008 2007 + 1- Criminal Homicide 0 1 -1 Sexual Offense 0 4 -4 Robbery 45 40 5 Aggravated Assault 77 81 -4 Burglary 87 114 -27 Larceny 214 246 -32 Auto theft TOTAL 40 463 34 520 6 i -57 CRA District: 102,203,301,302,303,305,306,401,402,403,407,503,514 Renaissance Commons: RENAIS,GIOVAN,VIA GRANDA,VIA SOFIA,VIA DE PEPI,VIA FABRON,VIA FIUME,VISTA BELLA,VALENCIA AVE,LA FLORENCE,PARK TER,PIAZZA DELL,VIA ALFERI Lake Eden: LAKE EDEN DR,SW 33RD PL,SW 34TH AVE,SW 35TH AVE,SW 36TH AVE,S LAKE DR,LAKE DR,SW 34TH CT,SW 35TH CT,SW 36TH CT,SW 37TH CT,SW 38TH CT Nautica Sound: CHESAPEAKE, DANBURY, HUDSON LN ,MI DDLEBURY, NANTUCKET, NAUTICA SOUND,NEWPORT AVE, NORWICH, POTOMAC,PROVIDENCE,SOUTHAMPTON,SPRINGFIED, STRATTON,WESTCHESTER Enter reporting area: 1001: 1 099 Hunter's Run: BRENTWOOD,BRISTOL,CAMBRIDGE DR,CAMBRIDGE LN,CLUBHOUSE,COCONUT LN, EASTGA TE, EASTLAKE, ESSEX, ESTATE DR, GLENS, HAMPSH IRE, ISLAN D DR, NORTHWOOD, OAKS, SOUTH PORT, STRA TFORD,SUMMIT DR,SUTTON, VI LLA LN,WESTGA TE,WINDSOR,WOODS Enter reporting area: 604:607 San Castle area: N SEA,MINER RD,MENTONE RD,GROVE RD,N ATLANTIC DR,N PALM DR,S ATLANTIC DR E,S PALM DR,FLAMINGO DR,ORANGE ST,OCEAN PKWY,E ATLANTIC DR,AL TO RD Enter reporting area: 101 Dos LaQos: INTER, %BRISAS, %FLORES, %ISLAS, %PALMAS, %SENDES, %VIST A, %DE CASA Enter reporting area: 901 I .. r lO? 304 ~\ 30" 303 .r l06 305 ... 40" Ii'" 403 T ~402 , T fi ;4 ; 4'10 ;:lOS 401 40G 405 9 '100'1 9'0'1 1006 fEW '1002 '103 .- --. 202 ---- '1003. .'~ . c31fi l!01 fi 702 70" ~ OJ.'' , ~ ...." 703 .. 705 704 6tH 602 1m 608 609 5'14 601 604 ,:;.n~""""'~ ~f t t .1 i -' r ,) ,J.. ~. 'I_.~' 203 503 566 R 504t'd1 505 ~\r,. I 5, .~~..~ ' ! - ",,<f!" , .; .<:' .,T" ~ ( ~~~~Y~T8~ eRA . East Side-West Side-Seas"lde Renaissance On February 19, 2008 the City Commission approved Ordinance 08-003 (Tab 8) that amended the CRA boundaries to include those portions of the Gulfstream Gardens site not previously included within the CRA. The CRA was notified on June 9, 2008 by the Palm Beach County Property Appraiser that the legal description within the Ordinance was incorrect and omitted one of the lots within the project. On August 19, 2008 the City Commission approved Ordinance 08-24 which corrected the legal description of Ordinance 08-003 (Tab 9). On July 8, 2008 the CRA Board discussed the amendment of the CRA boundary. The Board made the policy decision that the intent of the adopted Federal Highway Corridor Community Redevelopment Plan (2001 and 2006 Update) was that the above-referenced properties be included in the CRA. The Board directed Jim Cherof, CRAJCity Attorney to draft a resolution stating the above policy (Tab 10). On September 2, 2008, the CRA Board approved Resolution 08-05 (Tab 11) recommending to the City Commission that the CRA plan be amended to modify the CRA boundary and to resolve issues of retroactive reallocation of ad valorem or TIP revenues between the City and CRA. On September 2, 2008, the City Commission approved Ordinance 08-026 (Tab 12) which clarified that enclaves and other properties annexed into the City that are within the previously designated CRA boundaries (Ordinance 00-59), are part of the CRA and all properties annexed into the City in the future within CRA boundaries are automatically included ii1 the CRA. However, the amended Ordinance 08-26 did not include the provision for retroactive reallocation of ad valorem or TIP revenue between the CRA and the City. On October 1, 2008, the CRA Executive Director sent a letter to the Palm Beach County Property Appraiser (Tab 13) requesting assurance that Ordinance 08-026 would effectively cause the properties annexed into the CRA to have a base year the same as the year of annexation into the City which would result in new TIP revenue to the CRA in FY 09110. On October 21, 2008 the CRA received a letter from the Palm Beach County Property Appraiser stating that because the City did not comply with all of the requirements of Chapter 193, Florida Statues, he could not establish the base year for the projects as the year of annexation into the City (Tab 14). Therefore, he states that the base year will be 2009 resulting in no new revenue to the CRA. Acting as the CRA Attorney, James Cherof, e-mailed Jeff Clyman, attorney for the Property Appraiser to clarify when the properties were annexed into the City (Tab 15). To CRA staff's knowledge, the CRA Attorney has not received a response to his e-mail. The [mancial impact to the CRA is that for the two projects already developed, Tuscan and Waterside, the CRA will receive no revenue from the increase of value due to the development of the projects. The CRA will receive revenue, if and when Gulfstream Gardens and Palm Cove are developed. The City/CRA Attorney, CRA Staff and the CRA Chair are meeting with the Property Appraiser on December 9th to further discuss the establishment of the base years. However, given the lateness in the year, it is not likely this would be accomplished by the Board directed date of December 31 st, 2008. Therefore, the revenue estimated in the five-year budget projection will be affected. T:\AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS\Completed Agenda Item Request Forms by Meeting\FY 2008 - 2009 Board Meetings\12-9-2008 Meeting\CRA Boundary Amendment.doc f, eRA BOARD MEETING OF: December9.2008 I Consent Agenda I X I Old Business New Business Legal Other SUBJECT: Consideration of CRA Boundary Amendment Action SUMMARY: During the period 2004 - 2006, the CRA Board, per the quasi-judicial powers granted it, approved the following projects to receive Special High Density land use and Infill Planned Unit Development zoning exclusive to the Community Redevelopment Area under the Federal Highway Corridor Community Redevelopment Plan and the City's Comprehensive Plan: Proiect Year of Annex . Palm Cove 2006 . Gulfstream Gardens 2006 . Tuscan Villas 2006 . Waterside 2004 The boundaries of the Community Redevelopment Area were amended on November 8, 2000 by City Ordinance 00-59 (Tab J), which described the north and south boundaries of the Community Redevelopment Area to be coterminous with the City's north and south jurisdictional boundaries. The above-referenced projects are located within the amended CRA boundary. Per State Statute 163.361(1) (Tab 2), on November 14, 2006, the CRA Board made a recommendation to the City Commission to amend the CRA boundary to incorporate the above-referenced projects (Tab 3). In January 2007, CRA staff notified the City attorney, James Cherof, of the CRA Board's action and sent him the needed surveys of the above-referenced projects in order to prepare the City ordinance amending the CRA boundary (Tab -4 \ No further action was taken by CRA staff nor was thought to have been needed on the boundary amendment ordinance until it was brought to CRA staff's attention by a City Commissioner/CRA Board member that a possible projected revenue loss to the CRA may occur due to the Gulfstream Gardens project lying only halfway within the CRA boundaries. On December 18, 2007, Resolution R07-152 (Tab 5) was passed by the City Commission (Tab 6) which incorporated a settlement agreement between the City and Gulfstream Gardens LLC pertaining to portions of the Gulfstream Gardens project not within the CRA. The settlement agreement allowed the Gulfstream Gardens project to maintain the CRA exclusive land use in exchange for not requesting that the portion of the project site not within the CRA be incorporated into the CRA which is inconsistent with the City's Comprehensive Plan. On January 15, 2008, the annexation of Gulfstream Gardens into the CRA was again discussed by the City Commission at their meeting. A motion was made and passed unanimously that the CRA boundaries be amended to incorporate the entire Gulfstream Gardens site (Tab 7) thus reversing Resolution R07-152. T:\AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS\Completed Agenda Item Request Forms by Meeting\FY 2008 - 2009 Board Meetings\12-9-2008 Meeting\CRA Boundary Amendment.doc - \\ /"'T' ,~?6'1' , ,'\'ti'.:;.., ~~~~Y~T2~ltRA Ii East Side-West Side-Seaside Rena",ssance In order to access the impact on the eRA budget, staff has prepared two five-year budget projections for the Boards review. In the fIrst projection, staff estimated a 10% decline in assessed valuations and includes the estimated revenue from Waterside and Tuscan Villas (Tab 16). The second projection also uses a 10% reduction of assessed valuation but does not include revenue from Waterside and Tuscan Villas (Tab J 7). FISCAL IMP ACT: The fiscal impact to the Agency of not getting the projects in the CRA with the base year of annexation is a significant loss of revenue to the Boynton Beach Community Redevelopment Trust Fund as can be seen by comparing the two budget projections. CRA PLAN, PROGRAM OR PROJECT: Federal Highway Corridor Community Redevelopment Plan RECOMMENDATIONS: The Board may want to consider the following options: 1. Pursue the matter legally with the Property Appraisers Office. 2. Enter into an Interlocal agreement with the City to have the City reimburse the CRA for the revenue generated by the improvements on the projects. 3. Do nothing. CJJ:fL Assistant Director T:\AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS\Completed Agenda Item Request Forms by Meeting\FY 2008 . 2009 Board Meetings\12-9-2008 Meeting\CRA Boundary Amendment.doc 1 ORDINANCE 00 - 5<:j 2 3 4 ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON 5 BEACH, FLORIDA AMENDING ARTICLE I OF CHAPTER 2 AND SECTION 6 2-13.2 RELATING TO THE COMMUNITY REDEVELOPMENT AGENCY TO 7 PROVIDE FOR NEW BOUNDARIES; PROVIDING FOR CONFLICT; 8 PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION; 9 PROVIDING FOR EFFECTIVE DATE. 10 11 WHEREAS, the City eornrnission desires to amend and increase the land area within 12 the Community Redevelopment Agency; 13 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF TIlE 14 CITY OF BOYNTON BEACH, FLORIDA: 15 Section 1. That the foregoing "WHEREAS" clause is true and correct and hereby 16 ratified and confirmed by the City eommission. 17 Section 2. That Article I, "Administration" of Chapter 2, Sec. 2-13.2. is hereby 18 amended to read as follows: 19 Sec. 2-13 .2. City COmmiSSiOFl as gQoverning body of community redevelopment 20 agency. * 21 22 (b) The community redevelopment agency, shall exercise its jurisdiction in 2~ all areas of the city which the city has heretofore designated for redevelopment. The 24 community redevelopment area is more particularly described in Exhibit A which is attached to 25 Ordinance No. 9G4t- and incorporated herein [by reference.]. 26 27 Section 3. Conflicting Ordinances. 28 All prior ordinances or resolutions or parts thereof in conflict herewith are hereby repealed to 29 the extent of such conflict. Page 1 of2 J:\SHRDATA\CA\ORD\eRA \eRA BOUNDARY AMENDMENTIOIOOO.doc Section 4. Severability. 2 If any section, sentence, clause, or phrase of this Ordinance is held to be invalid or 3 unconstitutional by any court of competent jurisdiction, then said holding shall in no way affecl 4 the validity ofthe remaining portions ofthis Ordinance. 5 Section 5. Inclusion in Code. 6 It is the intention of the City Commission of the CITY OF BOYNTON BEACH, Florida, that 7 the provisions of this Ordinance shall become and be made a part of the CITY OF BOYNTON 8 BEACH Code of Ordinances; and that the sections of this ordinance may be renumbered or 9 relettered and the word "ordinance" may be changed to "section," "article," or such other 10 appropriate word or phrase in order to accomplish such intentions. 11 Section 6. Effective Date. 12 This Ordinance shall be effective immediately after adoption by the City Commission. 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 PASSED FIRST READING this 11 day of QeToseA 2000. SEeOND AND FINAL READING ADOPTED this 8 day of Haetl\he<-2000. ATTEST: ~ion~ eo ~ ~ ~ :t 0 9,,0 _ fg r-.. i _ = u.. to n'!J : 0:( = ~ 0 \~ ~v l Q ~ ~ "'f....... ~ ...... ~ ~ Page 2 of 2 ~ '<'/.... '-"', 0 ~ ~..... ~v'5::' J~')ATA\CA1 RA\CRA BOUNDARY AMENDMENT 10 JOOO.doc """f1IUIIIII H\ A CITY OF BOYNTON BEACH CRA - LEGAL DESCRIPTION Beginning at a point of intersection of the West right-of-way line of the Intracoastal Waterway with the North line of the South half (S Yz) of the North half(N Yz) of Section 15, Range 43, Township 45, said North line being the North boundary line for the City of Boynton Beach, run westerly along said North line ofS Yz of the N Yz of Section 15 to a point on the West line of said Section 15; thence southerly along the West line of said Section 15 to the SW comer of Section 15, being also the NW comer of Section 22, Range 43, Township 45; thence continuing South along the West line of Section 22, Range 43, Township 45, to a point on the North right-of- way line of the Boynton Canal (C-16); thence westerly and along said North right-of-way line of the Boynton Canal to a point of intersection with the northerly extension of the West right-of-way line of West Industrial Avenue; thence southerly and along said West right-of-way line of West Industrial Avenue to a point on South right-of-way line of State Road 804 (Boynton Beach Boulevard); thence S 81d 48'30" E along said South right-of-way line a distance of302.68 feet; thence S 87d 13'22" E along said South right-of-way line a distance 0009.97 feet; thence S 80d 25' 27" E along said South right-of-way line a distance of 50.95 feet to the Southwest comer of LOT 5 BLOCK 1 LAKE BOYNTON ESTATES as recorded in said public records in Plat Book 13 Page 32; thence N 88d 06'29" E along said South right-of-way line and along the South line of LOTS 3, 4, and 5 said BLOCK 1 a distance of 150 feet to the Southeast comer of said LOT 3 and a point on the West line of said Section 28; thence S Id 31 '31" E along said West Section Line a distance of 506.58 feet to the intersection with the westerly extension of the center line of West Ocean Avenue; thence S 89d 47'31" E along said center line to the intersection with the said West right-of-way line of Seacrest Boulevard; thence southerly to the intersection of the West right-of-way line of Seacrest Boulevard with the centerline of SE 2nd Avenue; thence easterly to the intersection of the center line of SE 2nd with the East right-of-way line of Florida East Coast Railway; thence southerly along said East right-of-way line of FEC RR to a point at the intersection with 1he westerly extension of the South line oflot 20 Delray Beach Estates as recorded in Palm Beach County Public Records in Plat book 21, Page 13, and located in Section 4, Range 43, Township 46; thence S. 73d 45'15" E along said westerly extension and along the South line of said lot 20, and along its easterly extension a distance of 680.21 feet to a point at 1he intersection with the East right-of-way line of Federal Highway (D.S.!), said South line being the South boundary line for the City of Boynton Beach; thence northerly along the East right-of-way line of U.S. Federal Highway No.1 to a point of intersection with 1he South line of the South 50 feet of the North East quarter (NE Y4) of the South West quarter (SW %) of the North East quarter (NE %) of Section 4, Range 43, Township 46; thence easterly along said South line of South 50 feet to a point on the West lint: of Tradewinds Estates hTSl Addition, a subdivision recorded in Plat Book 22, Page 44, Palm Beach County Public Records; thence northerly along said West line of Tradewinds Estates First Addition a distance of 50 feet; thence westerly on a line parallel to the South line of the South 50 feet of the North East quarter (NE y..) of the South West quarter (SW I/.,) of the North East quarter (NE 'l,) of Section 4. Range 43, Township 46, to the East right-of~ way line ofD.S. Federal Highway No. 11: thence northerly along the East right-of-way line of U.S. Federal Highway no, I to a point on the South line oflot 9. Kings Subdivision, a subdivision recorded in Plat Book 20, Page 47, Palm Beach County Public Records; thence easterly, northerly, and westerly along South, East, and North lines of said lots 9, Kings Subdivision, to a point on the East right-of-way line of U.S. Federal Highway No.1; thence northerly along the East right-of-way line ofD.S. Federal Highway No.1 to a point that is 305 feet South of the North line of Section 4, Range 43, Township 46, said point located on the North right-of-way- line of Bamboo Lane, a private road; thence easterly and along said North right-of-way line of Bamboo Lane to a point that is 300 feet west of the West right-of-way line ofthe Intracoastal Waterway; thence northerly a distance of94.5 feet to a point on the South right-of-way of the fmger canal; thence easterly and along said South right-of-way line of the fmger canal to the West right-of-way line of the Intracoastal Waterway; thence northerly and along the West right-of-way line of the Intracoastal Waterway to the Point of Beginning. Less and excluding the following areas: 1- A parcel ofland situated in Section 4, Range 43, Township 46, more particularly described as all oflots 59, 66, 67, 68, 72 through 76, 78 through 112, Tradewinds Estates Amended Plat, a subdivision recorded in Plat Book 21, Page 73, Palm Beach County Public Records; and all the lots and a private road known as Miller Road in Killian's Subdivision, a subdivision recorded in Plat Book 23, Page 195, Palm Beach County Public Records. 2- A parcel ofland situated in Section 4, Range 43, Township 46, more particularly described as all oflots 40, 43,44,46,52,53,56,57, lots 54 and 55 less the west 231 feet, and Tract A less the West ]50 feet of the East 167.83 feet of the South 200 feet of said Tract A (as measured parallel with the South and the East lines of said of said Tract A), all in the Tradewinds Estates Amended Plat, a subdivision recorded in Plat Book 21, Page 73, Palm Beach County Public Records. 9/28/00 \\CHIMAJN\SHRDAT AIPLANNINGISHAREDI WPlSl'ECPROJlCRA \LEGAL DBSCRJl'TION,DOC / / \~/ . \> ~~ ~ ~) ,.rO. o. j. ~ --..!... . t 1.,,_1 community redevelopment area, and the county or municipality may then cause the community redevelopment agency to carry out such plan or modification in accordance with its terms. (10) Notwithstanding any other provisions of this part, when the governing body certifies that an area is in need of redevelopment or rehabilitation as a result of an emergency under s. 252.34(3), with respect to which the Governor has certified the need for emergency assistance under federal law, that area may be certified as a "blighted area," and the governing body may approve a community redevelopment plan and community redevelopment with respect to such area without regard to the provisions of this section requiring a general plan for the county or municipality and a public hearing on the community redevelopment. History.--s. 7, ch. 69-305; s. 3, ch. 77-391; s. 5, ch. 83-231; s. 6, ch. 83-334; s. 9, ch. 84-356; s. 26, ch. 85-55; s. 3, ch. 93-286; s. 5, ch. 94.236; s. 3, ch. 98-201; s. 6, ch. 98-314; s. 63, ch. 99-2. 163.361 Modification of community redevelopment plans.-- (1) If at any tcil'!lt ~f\~ ~,W~:!~~ qt ,~j_ ."~llll_r"I'_Q~ tM".Yimq~ 1~ becOmes necessary or desirable to amend or modify such plan, the governing body may amend such plan ~. the reEommendati9n of the agency. The agency recommendation to amend or modify a redevelopment plan may indude a change in the boundaries of the redevelopment area to add land to or ex" .W1QJl9m tM,fgV4tkapment area, or may inchJde the development and implementation of ~muntty ~fdhtfrtnbVatioos. (2) The governing body shall hold a public hearing on a proposed modification of any community redevelopment plan after public notice thereof by publication in a newspaper having a general circulation in the area of operation of the agency. (3) In addition to the requirements of s. 163.346, and prior to the adoption of any modification to a community redevelopment plan that expands the boundaries of the community redevelopment area or extends the time certain set forth in the redevelopment plan as required by s. 163.362(10), the agency shall report such proposed modification to each taxing authority in writing or by an oral presentation, or both, regarding such proposed modification. (4) A modification to a community redevelopment plan that includes a change in the boundaries of the redevelopment area to add land must be supported by a resolution as provided in s. 163.355. (5) If a community redevelopment plan is modified by the county or municipality after the lease or sale of real property in the community redevelopment area, such modification may be conditioned upon such approval of the owner, lessee, or successor in interest as the county or municipality may deem advisable and, in any event, shall be subject to such rights at law or in equity as a lessee or purchaser, or his or her successor or successors in interest, may be entitled to assert. History.--s. 4, ch. 77-391; s. 6, ch. 83-231; s. 904, ch. 95-147; s. 7, ch. 98-314; s. 5, ch. 2002-294. Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida November 14, 2006 a plat mylar, which they had done and submitted to the City. They had gotten comments back and it was now in their court to make revisions. This had all cost them time they could not have anticipated nor could they have afforded. Chair Tillman opened the floor to the public for comments, dosing it when no one wished to speak. Ms. Heavilin asked what the timeframe was for building now. Ms. Miskel stated the plans had been submitted and when they were permitted, it was the developers intention to commence. There was no intention to delay, even though the market was weak. Ms. Heavilin asked when they would be opening the sales office. Ms. Miskel responded the trailer had been located on the site, but she did not know the answer to that question. Ms. Bright commented 500 Ocean Avenue Plaza was open and she would try to arrange a tour for the board. Motion Vice Chair Norem moved to approve the request for a 12-month site plan time extension for site plan approval granted on September 6, 2005, to extend site plan approval from September 6, 2006 to September 6, 2007. Mr. Myott seconded the motion that passed 7-0. VIII. Pulled Consent Agenda Items A. Approval of the Minutes - CRA Board Meeting - October 25. 2006 Attorney Spilllas suggested a correction to page 26 in the second paragraph, third tine, where the attorneys name should be "Worsham." On page 30, third paragraph, first line, the same correction should be made. On page 34, the name of the church should be Jesus House of Worship. Motion Vice Chair Norem moved to accept the minutes with the listed changes. Ms. Horenburger seconded the motion that passed 7-0. C. Aooroval of Budget Amendments Mr. Sims inquired whether the salary adjustments were retroactive. Ms. Susan Harris, Financial Assistant and H.R. Administrator, stated it would be retroactive back to October 1, which was the beginning of the budget year. Motion Ms. Horenburger moved to approve Consent Agenda Item C. Vice Chair Norem seconded the motion that passed 7-0. _~'>> ;"t " . ' ... ~ .... ""' ..... io-L ~"' '" Ms. Brooks stated the eRA boundaries had not been amended as projects in the south end of the CRA area had been annexed into the Oty. This was informational. No action was required. Staff would send its findings to the City with a list of identified projects. The Oty would have to do a CRA boundary amendment, which only they could do. It would then go to the Property Appraiser so those properties would then put revenue back into the CRA. 16 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida __ _____~_ovember 14, 200~ Ms. Heavilin asked if in the future the CRA boundaries could automatically be updated on annexation requests. Ms. Brooks replied they discussed this with City staff and the CRA boundary adjustment would become part of the application package for annexation requests. Ms. Horenburger thought the City could change the boundary ahead of time. Ms. Brooks was not sure why the City did not do that. It was possibly because jf it was not in the City, it could not be in the CRA. Ms. Horenburger asked whether the City could do an overlay. Ms. Brooks spoke to the Property Appraiser, who stated if the property was not in the City, it could not be in the CRA. Ms. Horenburger thought an overlay would make it automatic on anything annexed into the City. Attorney Spillias commented the requested action was for the board to recommend the City change the boundaries. . L' _... '. .. ............lL.~ ~~~~1 ~ .mn.n ~n_..lll:tTIm.llS.tU~lIl...lmm~Mr. . .. . .pII.Rl '. F. Resolution 06-02 - Regarding 5oonsorshio Funding Mr. Sims mentioned on page two of this document, his name had been misspelled. It was spelled Garn Simms and it should be Guam Sims. Reverend Chaney commented there was one "Nil in his name and not two. Ms. Horenburger took issue with the term "identifiable population" in Section 2. Was it meant to cover more than just festivals and street fairs? Mr. Reardon stated it would cover any special program they did. Ms. Bright added if they wanted to sponsor an event in the Heart of Boynton area that would affect the Children's Youth board, for example, it would give the board more latitude. Ms. Horenburger did not want to see it in a way that every event always had to have a specific impact on a specifically identified population. Mr. Reardon would work on it to modify it. Mr. Myott noted the next statement said the board coufd alter the parameters at its discretion. Ms. Horenburger stated that would mean it would have to come back to the board before doing an event. Motion Vice Chair Norem moved to approve Resolution 06-02 with the grammatical corrections that were made. Mr. Myott seconded the motion that passed 7-0. G. Update on Five Towns College Reverend Chaney asked if there was a timeline for progress on this. Ms. Bright stated they were having another negotiation on the day following this meeting. It had been held up due to a lack of focal legal counsel to work with the eRA's counsel. That person would, however, now be coming in for the meeting. Mr. Myott asked how their finances were holding up. Ms. Bright indicated they wanted to get the agreement in place and were trying to get the $800K bond. The current architect is saying it is about an $8M renovation and that was what they stated the night they won the award. She spoke to the City Manager who was to start working with Ms. 17 ,,~. . \\[ I" c:: / _~,~~_, . ....l3QYNTO~r~/~ l! /' ~:,"3t A C"HrL V~ F'?C' East Side-West S",de-Seaside Renaissance /' ; January 9, 2007 J ames Chernoff City Attorney City of Boynton Beach P. O. Box 310 Boynton Beach, FL 33425-0310 VIA INTEROFFICE MAIL Re: Amendment to CRA Boundaries Dear Jim, We were recently informed by the Property Appraisers office that several development projects which were annexed into the south end of the eity have not been included in the Community Redevelopment Area. Specifically these projects are: Bayfront ", Palm Cove Gulfstream Gardens Tuscan Villas Boynton Bagels ANNEX 04-001 ANNEX 05-005 ANNEX 05-004 ANNEX 06-002 ANNEX 06-007 For your convenience in preparing the City agenda item amending the eRA boundaries, I am attaching copies of the surveys for the above-reference developments and a map depicting the City and CRA boundaries. Please call me if you have any questions or comments regarding this issue. ....1 Sincerely, 0uJ.~ Vivian L. Brooks CRA Planning Director cc: Lisa A. Bright, Executive Director, CRA Mike Rumpf, Planning Director, City of Boynton Beach 915 South Federal Highway, Boynton Beach, FL 33435, (0) 561. 737- 3256, (F) 561.737.3258 II 1 2 RESOLUTION NO. R07- IS 2- 3 4 5 A RESOLUTION OF THE CITY COMMISSION OF 6 BOYNTON BEACH, FLORIDA, APPROVING THE 7 AGREEMENT BETWEEN THE CITY OF BOYNTON 8 BEACH AND GULFSTREAM GARDENS 9 II/GULFSTREAM GARDENS, LLC., WHICH WOULD 10 RESOLVE ANY POTENTIAL DISPUTE REGARDING 11 THE LAND USE AND ZONING DESIGNATIONS; 12 AUTHORIZING THE CITY MANAGER AND CITY 13 CLERK TO EXECUTE SAID AGREEMENT; AND 14 PROVIDING AN EFFECTIVE DATE. 15 16 17 WHEREAS, last minute negotiations between the City of Boynton Beach and the 18 Developers of Gulfstream Gardens has resulted in an Agreement being reached to resolve the 19 issue of inclusion or exclusion of the project in the CRA; and 20 WHEREAS, the proposed Agreement confirms the Developer's entitlement to Special 21 High Density land use and corresponding zoning and eliminates the need for inclusion in the 22 CRA area; and 23 WHEREAS, the City Commission of the City of Boynton Beach deems it in the best 24 interest, health, safety and welfare of the citizens and residents of Boynton Beach to enter into 25 the Agreement with Gulfstream Gardens II/Gulfstream Gardens, LLC. 26 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 27 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 28 Section 1. Each Whereas clause set forth above IS true and correct and 29 incorporated herein by this reference. 30 Section 2. The City Commission of the eity of Boynton Beach, Florida hereby 31 approves and authorizes the City Manager and City Clerk to execute the Agreement between S:\CA\RESO\Agreements\Agmt with Gulfstream Gardens (LU zone),doc the City of Boynton Beach and Gulfstream Gardens IlJGulfstream Gardens, LU vv'hlch 2 would resolve any potential dispute regarding land use and zoning designations of the 3 property, a copy of said Agreement is attached hereto as Exhihit "A" 4 Section 3. That this Resolution shall become effective immediately upon passage. 5 PASSED AND ADOPTED this Ie day of December, 2007 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ATTEST: 29 30 31 32 33 34 35 36 37 38 CITY OF BOYNTON BEACH, FLORIDA .~~' 7Z~ Commissioner - Marlene Ross . "~?,., h.:;..., .' ~'$~:~~P S:\CA\RE.~de%;~tS\Agml with Gulfstream Gardens (LU zone),doc SETTLEMENT AGREEMENT R07-152 This SETTLEMENT AGREEMENT is entered into this 18th day of December, 2007 between the City of Boynton Beach, Florida (hereinafter "City") and Gulfstream Gardens II, LLC and Gulfstrearn Gardens, LLC, (hereinafter collectively "Gulf stream" or "Applicant"). WHEREAS, the City has heretofore issued a development order as described further below (i) annexing certain property (the "Annexed Property") owned by Gulfstream into the City; (ii) establishing a Future Land Use Designation for this Annexed Property and additional property which was already within the jurisdictional boundaries of the City of Boynton Beach and also owned by Gulfstrearn (the "Additional Property"); (iii) establishing zoning for the Annexed Property and Additional Property; and (iv) approving a site plan for the Annexed Property and Additional Property. WHEREAS, the Annexed Property and Additional Property is sometimes referred to collectively as the "Property" and is described in Exhibit "A." WHEREAS, Gulfstrearn, following recommendations from City Staff, the Community Redevelopment Agency and the Planning and Development Board obtained City Commission approval of 0) a land use designation of Special High Density Residential ("SHDR"); (ii) zoning of Planned Unit Development ("PUD"); and (iii) a site plan, resulting in the issuance of development order among other things, for the Property; WHEREAS, at the time of such approvals it was assumed that all of the Property was, or was soon to be, within the boundaries of the Boynton Beach Community Redevelopment Agency; and S:\CA\AGMTSISETILEMENT AGREEMENT GULFSTREAM GARDEN (3) (3),doc -I - WHEREAS, the Annexed Property described in Exhibit "B'~ attached hereto and made a part hereof is not within the boundaries of the Boynton Beach ('ommunity Redevelopment Agency; and WHEREAS, Gulfstream detrimentally relied on a factual detennination by the City's Development Department which assumed that all of the Property would subsequently be incorporated into the Boynton Beach Community Redevelopment area; and WHEREAS, Gulfstream has substantially changed its position and incurred extensive expense based on the information provided by the City's Development Department and as a result of the results at the aforementioned meetings; and WHEREAS, the City and Gulfsteam following negotiations have reached a settlement which would resolve any potential dispute regarding the boundaries, NOW, THEREFORE, the parties agree as follows: 1. The Applicant acknowledges that the Annexed Property described in Exhibit "B" is not within the boundaries of the Boynton Beach Community Redevelopment Agency, notwithstanding the land use of SHDR and the zoning approval of PUD, granted by the City, which land use and zoning are otherwise reserved for properties wholly within the Boynton Beach CommWlity Development Agency boundaries. 2. The Applicant agrees not to seek or support inclusion of the Annexed Property described in Exhibit "B" to be within the Boynton Beach Community Redevelopment Agency boundaries by administrative, judicial action or otherwise. S:ICA\AGMTSISETTLEMENT AGREEMENT GULFSTREAM GARDEN (3) (3) doc 3. The City acknowledges that the Applicant has detrimentally relied on an error of fact made by the City and has relied in good faith on the City's actions and in doing so has substantially changed its position and incurred extensive expense. 4. The City further acknowledges that it is equitable estopped from rescinding its land use ofSHDR, zoning approval ofPUD and the site plan for the Property and the City will not initiate or support any challenge to those approvals. 5. This Settlement shall be recorded by the City in the public records of Palm Beach County, Florida. IN WITNESS WHEREOF, the City and Gulfstream have duly executed this Settlement Agreement as of the dates shown below. CITY OF BOYNTON BEACH, FLORIDA BY:~~ Kurt Bressner City Manager I~ S:\CA\AGMTSISETTLEMENT AGREEMENT GULFSTREAM GARDEN (3) (3).doc .3- GULFSTREAM GARDENS, LLC ~!I~ 'ntN CUwly A. .; ~ v4Lrud/ rint Name J L SeA In I ell- , '/1 /' By: I Its: 1; Gulfstream G ~ ,\ Ii-'t IV~~ b-1Ct,,,: , LLC STATE OF FLORIDA COUNTY OF PALM BEACH ;{(,. ~he foregoing instrument was il'fknowledgl/4 before me this Ib - day of \~~r\ /V l"l;-t,' ---.J w.0er ,2007, by ~Vtt:t{/"; US.fU()k as Mau<>g;ns ~1.ember of Gulfstream Gardens, LLC, a Florida limited liability company, on behalf of the ~~l Iul-iJ'"r ,;::f ~~~'~. : ~lIJj< ~".~ ".' ~~"--. -,_. ~__.".r,,_,., . J:-' Nc,t~ry "U:1~:C StAte of Fiond8, luCY 'I S8nr.t~ !::' C ;;e' , ;,or, DD~371% . 't :"jj! 'C ':,.', l ~ I.~ -c__.,_ _ e of Notary Pub ..... Print, Type, or Stamp Commissioned Name of Notary Public My Commission Expir~: ~ersonally KnowQ ~ OR Produced Identification Type of Identification Produced GULFSTREAM GARDENS II, LLC Attest tl ~. ~~Y - ;EJMe- Q JIJ"J Print Name V,j{, Sch/771'/~ By: Its: {Y)f\'V ~,-..e-[ L II. LLC S:\CA\AGMTS\SEITLEMENT AGREEMENT GULFSTREAM GARDEN (3) (3),dor - 4 ' STATE OF FLORIDA COUNTY OF PALM BEACH The ::t:;ing instrument was a~Wledg~ b~rekme this 2{;~ <l!~ .9f-L. _ .. ... t)u (, 2007, by (lP~. ~ as ~.,~(-< lN1ember of Gulfstream Gardens II, LLC, a Florida limited liability company, on behalf of the .Appl ,lAI..JT"' ," ' ~ , t. :' .{! '. ~.'::r : ',"}" . "'d ",.. . '." ", '~F: . ; t. i' ';"'~'! 1'~1 Print, Type, or Stamp Commissioned Name of Notary Public My Commission Expires: Personally Known ~ OR Produced Identification fype of Identification Produced . .. .. S:\CA\AGMTS\SETTLEMENT AGREEMENT GULFSTREAM GARDEN (3) (3).doc - 5- EXHIBIT- "i\'. Legal Description Annexed Property and Additional Property Parcel A Lots 41 and 42 and Lots 54 and 55, LESS the East 300 feet of Lots 54 and 55, of AMENDED PLAT OF TRADE WINDS ESTATES, according to the map or plat thereof as recorded in Plat Book 21, Page 73, of the public records of Palm Beach County, Florida. Parcel B Lots 43, 53 and 53A, of AMENDED PLAT OF TRADE WINDS EST A TES, according to the map or plat thereof as recorded in Plat Book 21 , Page 73, of the public records of Palm Beach County, Florida. Parcel C The East 300 feet of Lots 54 and 55, of AMENDED PLAT OF TRADE WfNDS EST A TES, according to the map or plat thereof as recorded in Plat Book 21, Page 73, of the public records of Palm Beach County, Florida. Parcel D Tract 1 Lot 44 of AMENDED PLAT OF TRADE WINDS EST A TES, according to the map or plat thereof as recorded in Plat Book 21, Page 73, of the public records of Palm Beach County, Florida. Tract 2 Lot 45 of AMENDED PLAT OF TRADE WINDS ESTATES, according to the map or plat thereof as recorded in Plat Book 21, Page 73, ofthe public records of Palm Beach County, Florida. Tract 3 Lot 46 of AMENDED PLAT OF TRADE WINDS ESTATES, according to the map or plat thereof as recorded in Plat Book 21, Page 73, of the public records of Palm Beach County, Florida; and also the following described tract ofland: Commencing at the Southeast comer of Lot 47 of AMENDED PLATO F TRADE WINDS EST A TES, according to the map or plat thereof as recorded in Plat Book 2] . Page 73, of the public records of Palm Beach County, Florida, run Northerly along the East line of said Lot 47, a distance of 15 feet to the POINT OF BEGINNING; from the POINT OF BEGINNING, thence run Easterly parallel to the North line of Lot 51 of said AMENDED PLAT OF TRADE WINDS ESTATES, a distance of 100 feet to a point; thence run Southerly, parallel to the East line of said Lot 47, a distance of 15 feet to a point in the North line of said Lot 51; thence run Easterly along the North line of the said Tract 51, a distance of 186.77 feet to a point; thence run Northerly, at an angle of 107 deg 37' (turned from West to North) with the North line of said Lot 51, a distance of 200 feet to a point; thence run Westerly, parallel with the North line of said Lot 51, a distance of 316 .39 feet to the Northeast corner of Lot 46 of said of AMENDED PLAT OF TRADE WINDS ESTATES; thence run Southerly, a distance of 177.70 feet to the POINT OF BEGINNING. AND The South 200 feet (as measured along the East line) of the West 150 feet (as measured along the South line) ofthe East 167.83 feet (as measured along the South line) of Tract A, of AMENDED PLAT OF TRADE WINDS ESTATES, according to the map or plat thereof as recorded in Plat Book 21, Page 73, of the public records of Palm Beach County, Florida. AND Start at the Southwest corner of Lot 52 of AMENDED PLAT OF TRADE WINDS ESTATES, according to the map or plat thereof as recorded in Plat Book 21, Page 73, of the public records of Palm Beach County, Florida; thence run Easterly 484.20 feet to the West right-of-way line of U.S. Highway No.1; thence Southerly 100 feet along said West right-of-way line; thence Westerly parallel to the North boundary above described to the Northeast corner of Lot 46 of AMENDED PLAT OF TRADE WINDS ESTATES; thence Northerly 96.43 feet to the POINT OF BEGINNING. Tract 4 Lot 47 of AMENDED PLAT OF TRADE WINDS ESTATES, according to the map or plat thereof as recorded in Plat Book 21, Page 73, of the public records of Palm Beach County, Florida. Tract 5 Lots 48, 49,50 and 51 of AMENDED PLAT OF TRADE WINDS ESTATES, according to the map or plat thereof as recorded in Plat Book 21, Page 73, of the public records of Palm Beach County, Florida; together with the following described parcel: Commence at the Southeast comer of Lot 47 of of AMENDED PLAT OF TRADE WINDS ESTATES, according to the map or plat thereof as recorded in Plat Book 21, Page 73, of the public records of Palm Beach County, Florida, for a POINT OF 2 BEGINNING; thence East along the North line of said of AMENDED PLAT OF TRADE WINDS ESTATES, a distance of 100 feet to a point; thence Northeasterly, along a line parallel to the Easterly line of Lot 47 of said of AMENDED PLAT OF TRADE WINDS EST A TES, a distance of 15 feet to a point; thence West, on a line parallel to the North line of Lot 51 of said of AMENDED PLAT OF TRADE WINDS ESTA TES, a distance of 100 feet, more or less, to a point on the Easterly line of Lot 47; thence Southerly along the East line of Lot 47, a distance of 15 feet, more or less, to the POINT OF BEGINNING. LESS AND EXCEPT the South 1.00 foot of Lots 49 and 50 of AMENDED PLAT OF TRADE WINDS ESTATES, according to the map or plat thereof a<; recorded in Plat Book 21, Page 73, of the public records of Palm Beach County, Florida Tract 6 Lot 52 of AMENDED PLAT OF TRADE WINDS ESTATES, according to the map or plat thereof as recorded in Plat Book 21, Page 73, of the public records of Palm Beach County, Florida. NOW KNOWN AS: All of the plat of Gulfstream Gardens, according to the map or plat thereof as recorded in Plat Book 107, Page 175, Public Records of Palm Beach County, Florida 348000-24 Legal Description (Exhibit A to Settlement Agreement)( 1-7-08).doc :; EXHIBIT B The annexed property is described as follows: Commence at the Southeast corner of Tract 47 as shown on the amended Plat of "Trade Winds Estates" as recorded in Plat Book 2 I, Page 73 of the Public Records of-Palm-BeaGh ,County; Florida, for a point-of beginning; thence East along the North line of said "Trade Winds Estates", a distance of 100 feet to a point; thence Northeasterly along a line parallel to the Easterly line of Tract 47 of said "Trade Winds Estates" a distance of 15 feet to a point; thence West on a line parallel to the North line of Tract 51 of said "Trade Winds Estates, a distance of 100 feet, more or less, to a point on the Easterly line of Tract 47; thence southerly along the East line of Tract 47, a distance of 15 feet, more or less, to the point of beginning. Start at the Southwest corner of Lot 52, "Trade Winds Estates", Palm Beach County, Florida, according to the Plat thereof on file in the Office of the Clerk of the Circuit Court in and for Palm Beach County, Florida, recorded in Plat Book 21, Page 73; thence run Easterly 484.20 feet to the West right- of-way line of U.S. Highway No. I; thence Southerly 100 feet along said West right-of-way line; thence Westerly parallel to the North boundary above described to the Northeast corner of Lot 46, "Trade Winds Estates"; thence Northerly 96.43 feet to the point of beginning. Said lands situate, lying and being in Palm Beach County, Florida. Tract 46; Trade Winds Estates, a subdivision in Fell!!! Beaeh County, Florida, according to the Plat thereof recorded in the Office of the Clerk of the Circuit Court in and for Palm Beach County, Florida, in Plat Book 21, Page 73, and also the following described Tract of land: commencing at the Southeast corner of Tract 47, as shown on the Plat of "Trade Winds Estates" Plat Book 21, Page 73, Palm Beach County Public Records run Northerly along the East line of said Tract 47, a distance of 15 feet to the point of beginning; from the point of beginning, thence run Easterly parallel to the North line of Tract 5] of the said "Trade Wind Estates". A distance of 100 feet, to a point; thence run Southerly, parallel to the East line of the said Tract 47, a distance of 15 feet, to a point in the North line of the said Tract 51; thence nm easterly along the North line of the said Tract 5], a distance of ] 86.77 feet to a point; thence run Northerly, at an angle of ] 07037' (turned from west to North) with the North line of the said Tract ,].. ;j distance of 200 feet, to a point; thence run Westerly, parallel with the North line of the said Tract 51, a distance of ~] flJ9 feet tll the Northeast comer of Tract 46 of the said "Trade Winds Estates: thence run Southerly a distance of] 77.70 feet to the point of beginning. Lot 52, amended Plat of ''Trade Wi~ds_Estate_s", according to_J:h~_ Plat thereof on file in the Office of the Clerk of the Circuit Court in and for Palm Beach County, Florida" recorded in Plat Book 21, Page- 73; said lands situate lying and being in Palm Beach County, Florida. Lots 43, 53, 53A amended Plat of "Trade Winds Estates", a subdivision in Palm Beach County, Florida according to the Plat thereof on file in the Office of the Clerk of the Circuit Court in and for Palm Beach County, Florida, in Plat Book 21, Page 73. The East 300 feet of Lots 54 and 55, amended Plat of "Trade Winds Estates", Palm Beach County, Florida according to the Plat recorded in the Office of the Clerk of the Circuit Court in and for Palm Beach County, Florida thereof, in Plat Book 21, Page 73, subject to the existing right-of- way of U.S. Highway #1, together with improvements located thereon. L SI6e" & tc::e-l'-K T~~\ F 0 lLo lIJ S ] S:\PJanning\SHARED\WP\PROJECTS\Gulfstream Gardens\GULFSTREAM GARDENS Annexed Properties Legal Description.doc I I I i I PHASE II I I I ; j I I I I I ! I I ! ! ! PHASE I ! >- I ~ i :r I (!) --d ! /1 - / I ~ -"! a i a i ....J "', i 0 , 2 . GULFSTREAM GARDENS PHASES I AND II eRA BOUNDARIES i I I / ! I I ! I I / I -----'1 / / ! I / f- _----m- ---.--- ---,- -- I I I I -I I I i I r-.'- I I f ! I ! ;---____--1 I , I / / I I ;------1 L.__-! I I I I ---.-.--------..-------,.---/ c_-( I I ! / f L / - i .)... / ff r-------------_ :J: /.-----___ (!) I -"-'--- , - ~ II'''''' ", ::: --------------- ~I l.J.j / fB/ li. t------ / ---.---- I / I I I ! , . I / I I ! / -- j---- I I 140 70 0 r"""I-. -_ 140 280 420 560 5 I Feet The Clark House 102 North Swinton Avenue Delray Beach, FL 33444 Telephone: (561) 265-2666 Telecopier: (561) 272-6831 E-mail: mweiner@zonelaw.com ../' V.D did '07 1....",...,.. ~ p\'';' 1..\"- '\"- "". ~ e, \ '\-r (\ ~l?- ,1 tt ~_...:vtO, ~?.,. WEINER & ARONSON, P.A. ATTORNEYS AT LAW MICHAEL S. WEINER CAROLE J. ARONSON JASON S. MANKOFF KERRY D. SAFIER January 14, 2008 Via Hand Delivery Mr. Kurt Bressner City of Boynton Beach 100 East Boynton Beach Blvd. Boynton Beach. Florida 33435 Re: Settlement Agreement; Gulfstream Gardens OUf File No.: LOC0004 Dear Kurt: Enclosed is the oriainal Settlement Agreement ("Agreement") with exhibits. If you remember, the exhibits to the Agreement when given to us for execution were not correct. We have substituted what we believe are the correct legal descriptions. We )Jnderstand that this Agreement is to be recorded. Please let us know when this occurs ~,9-1nat we may obtain a certified copy from the public records. V~;'tr\\ ~~urs.~/ , ,-' /~l ~~, t~~r I M~W:~/ / Enclosure Cc: Mr. Preston Cocky, Esquire (w/enclosure) Mr. Rick Lococo (w/enclosure) O:\LOC0004\Leller to Kurt BressnerJanuary 14. 2008,doc Meeting Minutes Regular City Commission Boynton Beach, FL December 18, 2007 X. FUTURE AGENDA ITEMS: A. Discussion of disposition of Old High School - January, 2008 B. Discussion on timing of elections - January, 2008 C. Discussion of funding electronic agenda software D. Discussion on cancelling second meeting in November XI. NIW IUSINESS: A. OiioJ,.,.".,.,'".&5,., r, eq""',U,, est". bY" dev~tJ!?f ~gn~~qlkJfl~f J?~!i~'e 9f G~,__ns p~r~~J . ."tl1~"" C;;AA. (Pcistpoliei/ to tJedHiI1Ji1r 1.8, 21JlJ?)(Proposed JDIUWI1r.:""-1.52) Motion Commissioner Ross moved to remove Item XI.A. from the table. Commissioner Hay seconded the motion. The motion passed unanimously. Ms. Alexander read Proposed Resolution No. R07-152 by title only. Mr. Bressner explained the property was proposed for development through the CRA and the underlying zoning was approved as Special High Density. Subsequently it was determined the property was not annexed into the CRA area. Mr. Bressner was concerned with the resulting revenue stream and had referred the matter to the Legal Department. An agreement was reached to allow the high density land use without the property being annexed into the CRA area. The developer would have the same privileges as if it were within the CRA area and not request annexation into the CRA district. Michael Weiner, representing Gulfstream Gardens, indicated the owners had spent millions and pulled permits believing the high density was allowed. The agreement would uphold the high density zoning designation whether the property is subsequently annexed into the CRA district Dr not. Discussion ensued on the tax increment ramifications and possible revenue stream distribution. Mayor Taylor stressed the proposed resolution only addressed acceptance of the settlement agreement and did not resolve the issue of annexation. Herb Suss, 1711 Woodfern Drive, suggested the matter be tabled until the City Attorney, Jim CherDf, who had negotiated the settlement agreement, was present to better explain the consequences of the proposal. Vice Mayor Rodriguez and Commissioner Weiland advised they had individually discussed the issue with the City Attorney and were assured the agreement was appropriate. 18 Meeting Minutes Regular City Commission Boynton Beach, FL December 18, 2007 Motion Vice Mayor Rodriguez moved to approve Proposed Resolution No. R07-152. Commissioner Weiland seconded the motion. The motion passed unanimously. B. Discussion of the importance of environmental stewardship and the establishment of a Green City Task Force to make recommendations to the City Commission regarding environmental sustainability. Commissioner Ross urged the City Manager to continue to work with staff to implement an environmental task force. Mayor Taylor agreed with the suggestion and requested staff submit a proposal. Mr. Bressner suggested the proposal be returned to the Commission in February, 2008. Bob Brown, 711 S. Seacrest, suggested a chipper be purchased to assist with hurricane cleanup and subsequent ethanol production be considered. Commissioner Ross thanked Mr. Brown for his environmental concern. C. Discussion of possible funding for the Annual Advisory Board Recognition dinner. Herb Suss, 1711 Woodfern Drive, has served on many of the adVisory boards and felt the recognition dinner was not necessary, especially since some jobs had been eliminated during the last budget approval process. Motion Commissioner Weiland moved to approve funding for the board recognition dinner. Commissioner Ross seconded the motion. Mayor Taylor questioned if funding was for current board members only. In the past, he noted former Commissioners and Mayors could buy tickets. Commissioners Hay and Ross agreed the volunteers worked hard and needed to be shown they were appreciated. It would honor the members and might encourage others to participate. Vote The motion passed unanimously. C. Discussion on Palm Beach County School District's decision to close Galaxy Elementary School. (This item was added to the agenda.) Commissioner Ross requested the Commission authorize a letter be sent to the Palm Beach County School Board asking that they follow Robert's Rules and reconsider the decision to close Galaxy Elementary School so the voice of the people could be heard. 19 Page J of J Minutes Regular City CommissiQI'\ Boynton Beach, Fl January 15, 2008 ........ ~ ~ COmmiSSioner Ros.s moved to appro\l'C Propmied Ord n<lrlce No, 08,1)02. Comml$sloMf Ha~' seronded thE' 'TlotiOrl. ute City CI~rk flrain'ito c:;aUed the 1V1l. The vote VY~ 5-0. D _ Resolutions: None E. Olf1er; 1. CLOSED I'.)()OR SESSION: Rjc '''an Cof\StnlctjOn, Inc" Dmng 6wness as l'ij(;jlpifd MlIDClni fqulpml!'llt Company, Plaintiff vs_ The eft)' of Boyntoo Beach, Defendant/Third Pd.rt)' Plaintiff, 'is, camp, Qfesser &- MC~el? , Jnc and David J. Pfah, P.E., Third Party Oefendaf'ts ~ Case No. 502006 CA OHS93 XXXXMfB M Attomey Chero.f al1liQl,;lil::ed the Co111mis$lton would mcess to II closed door se:SSi()1'\ todlSUlSS litigation involving Ric Miln Construction, foc,., dOing biJslr\es~ as Richard Mancini Equipment Company var5LJS the CItV of Boynton Beam. At the ,ortClus,on fif tt'Ie ~ door ~i(tn. tt>r~ Com'lljssiOl'\ would be returning to the tham:ber5 for th~ last remainlnq agenda il;cm. 'l11e meeting recessed af 8;19 p.m. The meettng teCOflVf!'f1ed at 9:0() p,tf1 2, commissioo DiSOJsslon amI po~sible action regardln{l 5-fttlement of Rlc- Man ~tl9atJOJ'I . Attornev ('herof explatfled the pm cme COM of the negOtiations had Det!n dtstlJ!D~ With the commlS$ion and If settl~mel'lt dOCument drawn liP, He te<\uested the autht>fi7.aton of the Commission to finalize th~ doOJment giving. the Cit~, Attorney's office $Ornc I1cxlt>lIlty on some of tj,e WQtd~t'l9 S(l ro fl,lrther actIOn by the Commission would be n02(('ssarv. /J, motion would tJe lleeded to iluthDrize the Oty Manag.et to e'lCecute the final document. !IIdISm COmmissioner We ,land moved to auttio:rj~e the Oty Mir>a'!Jl'!f to exautE the ftnal settk>1T1~t agreement. CommlssiOnet Hay sec:ooded the motion. The motiOn passed l.tnanlmov~ly. xm,JU II. tHlu_n.wlllUIII.II A. ~II' lI, GnIll1A..Uun till ~-'" GiIIfttens.. dle CM..... 11 http://weblink.ci.boynton-beach.fl.us/lmageDisplay .aspx?cache=yes&sessionkey= WLImageDisplay &un... 12/03/2008 L l Minutes p,egu~ar City Commissioli BO'y'nton Beach, FL January 15, 2006. (This itom W<JS prf!!V"lous./jv added to .the agev;di! artddiscussl.;0 pt,YN' to ti-,E' ('Iosed 000,- Session,)' COmmi$$iOner Weiland recal~ at ti:1e scumd fneeliny in Dtlcember, 2UD], .!l disCUSl'>ion on tlw <II1IlEXation had been postponed untH Attot'1>l:!'r (here,f could be- present The p>:l:"tefi( to th, City of Boynton Baach would be the add~tionill revenue stre~m from the ad Vi!IQrem laXe'5. If the {<ntlre parc.;el 'II','as annexed klto tl'e eM area, additionn! T ax !n(f€rrH~nt Fif\.a'1cing {TIn l\Jndinq would b€ ll\'ailable. AlthoUQh Commission~t VVeiliJnd realized lax cuts were a pOSSIbility" annexing tl''f ,property in:p tt'e eM w:nild y,m1et dn rlooiti<lnal $160,OOJ a \,PW fror!' rho County aoove and be'{ond ltle ad valori'm t,,>:, [1 it was not anne:l(ed Into the lR.A,\ ;'I,wld limit the leverage fO!' bond monies and decrease the funds available fer trc eRA t() fight Sl)f') ilnd blight As" maltet of prilicipal the. property falls ",lith r, lh(: eRA gUidelil1es and Commi5siDMf Weir:and felt it was prud-ent to IIff1P Gulfstream Gardenli within the (VI Mayor Taylor coocLrrea with Comml>l;<;ioner Weil,md's remar~5 Commi5Slo~er Hay nol.ed if the C1l,l\ benefits, tne City I".'oukl ;)150 bcnl~f,t HI' ";5C' agreed ';'v'itl; the anr'leli<i!lor.. into the CRA AttDme'l' Cheraf exp'lallled ~he propel"!)' IUl(l already ~en annexed into the (It';' and the land use <ktslgnat!On was (flanged. It had been a,ntirlpatR'd the propr~rty WQuld bf' wIthin the eM boUndi'ltH!S; howe.rer, the CommisSion did flQt ;'l'~QPt !.'JO mdlrH,lfit~ arrrendi'1.g, ti'.E eRA. boundl'lrfES, T'le property owner'!> concerns brtllJgf\l the matter before the (ommiSSlcr if) Decel11b€r based on the land uscaesignatlol'1 being il'1tOtlSistent ....ith properties not in the eRA. rne agreement that was approved in December aatJowledged the~C\l':efc IS5Ll$ of equrtabte estoppel and the 'Oty 111'0ul(l honor tM land use ,Oes.ignatiiJ'l 3'l"id nming fo~ Ihl' propprty even though It was nut In the eRA . Cornrrissioner Weiland understood thf~ Conlmj~i(.l'I ~(Jullj n;.l grant 11'= special hl9h ;:p.n!>l!',' designation. It was reserved' fur tht~ CRA. Nf>o, lJnlf'S~ the property was anr<\:xcd 11110 tlH';; eRA Sj)e.c'ial incentives eouid not beofflm:~d to tne oevelcper. Atto'ney Cherof agrl'f'd \v:th l!'le comments relating to mcentive5. The a9~ement entered intI' Prcviol,lsly was legal. 'he eM canilO<t establish a liW,d Ulie dfsignat:ion Of lc'r.ing (t'lang{~, O,Iy the dty Commission has tho! iluthomy. The !high aensity issue is lJl'uq",i,1 to the Clt~ elre",. ThE developer had spent ,1 gnoal deal of money and effort based on the concept that they ...'ere going to he in 1he eRA dlstnct, The agreement ilvoldoo.m)'lillg,alioii on the issue. CQrnmis.>ioncr Ross understood it Va'tiuld bequestionablc~, if ltlf' properly was not annexed imlJ the eRA by the l~i5Iatul"e and County_ Mr. Bressner pOinted olit the developer was building market rate hC'J~'lng ilnd "o'ould r>ot be SaJli;ing any intentJvas. The ('!Stoppel agreement was a vehicle by '.',dllch the high deosity could be accomplished. If the property '.....ere ,aMeKed into the eRA the c,ty would lose appn:;tximatel'l' $2.2S,000 (l yellr in ~x T{'!Vtlf1\.-e (Torr the d~.~elopme'l!. r~r. BIE!SSner<, concern was future revenue stream for the City thiill.,,'<l'i in Jeopardy, wh.ite the mVf'Frlw stream for the eRA rerlWirned l1ealfu'r Nr, BrcrSSl'lPf had fHnt)\J;ed the di5A:u!;sion (mO". lhp. <Jgo!'nda feeling tt"te iss'JC was moot 12 . _ T'\~ ___ L_ _ _ ~_"')~M1-.~-,,=~ .QT"",,,,,irm!rpu=\VI 1 m::lop.Di ~n1:'lV&lln... 12/03/2008 Page 1 of 1 Minutes Regular City COmmission ~nt()n~,fL January 15, 2008 Mayor Taylor recalled he had spedflcaUy noted the is,sl,.c of annexation would be diSCUssed at it late'- time. The CRA would receive the $225,000 pfl./S $160,000 if the anT'exation Vt'ils approved. It would at som~ pQlnt improve the CIty also. Vtcrt Mayor Rodliguez vaHdated If the prope-rty were 1'lot annexed into the CWI., $160,,000 of funding from the County would be lost. Mr. Dresner t>>llcurred ~nd' mdlcated tne Clt). would receive revenue from the value of the Iattd, probably $20,000 II vear. Although Vice MiI'YOf Rgdri9u~ oom~d to1r. Sressner for his cOtlcem fOf the re\reflue stream and beIng an ad'lft1Cllte for tl'll:! Clty~ the Commilssfon had to be advocates for the entire Clty of Boynton Beach and its revenue stream and the eM as board memoors. Vw;e Mayor Rodriguez noted the plans for the eRA district did not incJude any bUilding for the el\$lJing year, merely planning. The developer W(lUld not be missing out on any opportunities if it remained within the City, bilsed on the ag~mem. He aReged the $225,000 to the City \'t'OiJld save four jobs, while the $365,000 to the CRA would result In more plans. His posltiOl'l was; to advoc:ate for the City of eoy"ton e,e.,cfl and protect t1le revenue stream. 1lie CRA currently has. a SlM eX(e$S allocated fOT acldftiona.lland purehases. Mayor Taytor ag:reed the Commissloo should protect the revenue for the City, He s-uggested the eRA buy the Clty.owned propettle!l WIthin the Heart of BOyntorI ror an a(ldjtittnal revenue stream. MayQt TayiOl' disagreed the eRA was not ckHng a.nytfling betIUJS~, in fact, It MeCJled additional funds to purthlSi! more land. He contended the Covnty would too" with disf.WOf if the $160,000 that was beIng offered was refusec:J as not needed. CommISSiOner W@lIand agreed wlln Mayor Taylor ti'lat the $3'85,000 wwld buy severa I parcelcs of land in ~ Heart of Boynton area to be assemblEd to move the area TOt'Wiard. Vice Mayor Rodnguez c.ontended the o'ev:elopersshould be searching fa" l.and acquisition r athcr than ttJe eRA. He flJ1:her offered the' l>tJgqe'StiQf\ that the de....e'oper purchase the Clty.owned properties rather thal' the CRA pUlchaslng tneparcels. The eRA did not have $}M to buy the Clty-owned propertIes. Mayor Tilyfot' offered the eRA buys; land to enaule a1'fordabfe hous~ng to be buflt Dt."Velopers cannot buy tf'Ie land and develop it and keep the Iiotne5 affordable. The CRA buys the propertie~ w make It more deslrabie for developers to COI'l're into an area for Improvements. He noted the Promenade was p'mceedlng and the Gulfstream Lumber sil-e WiltS coming out of the ground also in 2008, Other projects wout-d be fol"t'tl'COmlfl9 alS<l, COMmiSSiOner Hay was in to~1 agreef'fle"'ll with M$Yor laylor and conternled the mO"1ies oolJld be used to buy propert~ and give the ne(essaitY levera-ge ro lower !he cost of hO<I.t$/llg. f!tIIlIn ~,'..1JLfiM,~~, ""1'II~I_ _,' ' g,_'" .....~ ",.'.. ,. ur........... lIIIr_ ___ ~, 13 http://weblink.ci.boynton-beach.fl.us/ImageDisplay .aspx?cache=yes&sessionkey= WLImageDisplay &un... 12/03/2008 Page 1 of 1 II I ()JU)JNANCF: (IS. 003 2 3 4 ORDINANCE OF THE ell'\' COMl\tDSSION OF l'ME en'\" 5 OF OOVl'-'TON BEA{.'H,. Fll.ORIDA AMENDING AR11ctE I () OF CHAPTER 3 AND' SJ<<:'n'ON 2:-13.1(&) RELATING '1'0 7 'I'HE C()~1MUNfl'\" ftEJ>E'\l'ET:..OiPMF.Nl' AG-ENO" TO 8 PROVIDE FUR NEW BOUNDARIES; PROVtB.~G FOR 9 OONI"U<.:l', SEVERABILITY,' CO})JFI!Ci\T10N; HI J~OVfDlNc; FOR .>\N EFFECTlVl<~ DATE. II 12 ':VHEREAs., tn(; City ('ommissioTl d'~sl~:; to lU'ne'nu Ihe !c~al ~5Criptkm of €h~ 13 CommLtnlty Rr:.;\(1\'\')I\(~mmt 1\1;1\:111:.;' bound.:uie~ liQ rdl~1: tc~cnl alme.li<J:liol'l of pi't)P~rty i11tU th<: 14 Cit)',; 15 NOW, m~REFomt~ B"~ n OIUJAINED BY TilE: en"\' COMMISSI'ON OP'THE 16 CITY OF' BO,\,'NTON BEACH, FLORIDA: 17 ~cti(]t11, that tbi~ fQl~goi!!lg "WHEREAS' d<lius,;; is true ami Cqff~",l and hereby IS rMined lllld clJllf'lrme4 bl' the Cit~, COmlT.[lssiOIl, 1'9 ~cd(1'!l ,f. Th~l ,\rtll;!e t "In GCtl:trra'" Qil' ('h~pler 2, ~, 2,13.2. is heroo,)' ill1J(".ndtd 1:0 :W . n.\"\d as ti:I!l(lWS: 21 See 2-13.;2, Go\'eming bo.dy l'~f i;nl1U'1llilllit)' rcJC...~[tlprnClli at-~'fic:,'. · 22 13 (b) Inc {i(~mmu.llj*. rCikvde<pment lJ:~etlCY, shaH {'~~rdsc its j'luisdiclklf\ in an 24 'i!~ of tIlt ;;il}' 'wokb the dty has hcre:tP!ol\1 designated ((it mkvdnpmcmIhe romrnUlij4)! 25 cdevelopmllllt lir..'il is 11:1cre fl'IiI1icularly dcliefihed .n EJi:hiM /\" ~it< 1l{la<E~l,~~iffi~ l.tl t~;,<<hW'il~~~,;eoj1l h)'yefeNAi:-<e, 21 28 ~M;Q!l.1- l\1I prior orcina.."iCC8 or ft'!>(}h,tmtu: l~r parts thcn::c,f itl ccntlicl ht"fcwilh lIte 2'9 le1'eh)' ~~lt.~d (olne ext.ern Qf such umflict 3(1 ;-;e!.'tiNI,:!. If au)' ~tion, Se:l1w-n.cc. dau~. or pbra~ oflttis {lTdina'1ic;c t~ heid 10 00 invalid Puge I 012 < :("~.>. JjdUl~l1il;:;;t1\..if.r"CR., at>:'i.!t.;r.:'.~c;V,.It' ,"~~ J~n~.'ll'" I ''::11~6' ~*.v.,< ,.,. TT T ~__ ~ _~ T'\~ ,.,_1 n"l7 ..Pr,," ().c:;/?Q/?om 24 2~ 16 27 18 1'; :to ) ] '..." ,\~ i,J, II I ,.If unc.onstll1,11joual 11) 1m) NmT'! of competent rlllis-di~:li(J11. t!it'n said !lo!ding ~hall in nG way ~lIeL'[ Lhe vaJiJ.it)., ullnc n;~milillillg p;)-l1i~lm; of ,hi,!; Ord:;Jllli'b;:e, ~l;:li@.,j, 11 is rh,~ im1.'mkm u( the City ('otmi1i~;!iiotl of the ClTV OF IlO'\'NION 4 'BEACH. Florid!!. :th~t tile PitH'IiiiuDS fti ,hL~ Or&wl1lcc shaH beCOJ1:1L' <lt~d lY: made it iJllil L.d the 5 CITY or HO'{NTON BEACll t 'od!: of ()n:1ini<\!1e~'o: ,md lh;rt fhe S>."'t:tiJ)n~, uffhl~ ordil1am;1:) fMy 6 [r~>I! 11:nUmbl:',Cd "','~1.'kl1,~'r~'d and, lril; W~lld 'o,~llnall(;c' rJ1<!) be dmng,(,'L,I to ';';lOctiLm,," slIch "iller ilppt f"prmt~ word ur rhm::>;:: ;n ('ll(k! I\:' ;;\~('Dmplls-h ~\ll'h Intc111\1,m~, I I "article. u; 7 II ,~~\;!h'H I' IIlls Ord~nl\fKC ~haJJ be cni:(:(i\'l:mtrit'difl~dy ufwr a,klplion by the t'I'J 11 Cmnmjs~lHI1, w ., 1;, , P,,\SSFD FIRS! !{f'ADfNG tlEb Sd~l) ('If I~hf.~t 2001\ SECoND Af';Jl FlNAf IU-:ADI \Ie; ,.\DOP ll:D this I~ day (If Fe:IM.~7'2n{lR, ( '1 i'Y tH' BOYNTI)"l BFA! 'H, H ORlD/\ 12 1, ~ :' 14 IS ](- 17 IS 19 2il 2r 22 \ J-' r;/r" -~ "~: , [;,1" ,.'"":/;./' ..~.. _ ~ ,._~~_ _.it "__.. _ .,_ t(1aVDr 1 J C' ll\\')Of l .. .' ~.. .. - :/ .,,: v --- ---------,--.. Vk,<: ~~r - 1m- .,.......r--:;//.r-Y" /', cr' / / ~~--~...: ~ Cnmmisfionet - R "ei!~'\\1 ,', ' / ///-~~: .7""- .~" f~,-'-",e.lt:.._."~ - ,... [.-~ ...~_ ~;:, c.. _":____:- _ _, _'::lL.w'~ ..'-:-~~:::-_..I_L. .:___.;>",,': Cmr;Jl']is;>v.~n('1 . '~V(l,ldW\i L H,p.---- 7 ' J /, /. b' ,/ .-' {, ~ J,.-U-''''....... ~- ..... -'---~'~-~"-"'-"~'-'- - - .."-- _..~....,-. -,- ,p.~ C(,~lYimi"sintl~r- l"larlcm; R(\:,~ -.---" -' ~.;":',.... 23 .. .. __ltJ} . . \1. Pmiliiw. CMC Clerk ?J 3'1 ,j5Corpofi]k S~ItI.~ 1'1lI<C ~ ,,1'2 ~ "'" d," ".." "''-~'' "'''"' ," ,,'"'''' 'e' "..', :, Page 1 of 1 EXHI Bll If- The annexed prOflitL}' is described: as folhn'l's~ Commence, ,~t tht Southeast C0111f.'lf of Trad 47 as sho\lmQI1 tIle ~JlJ~ded P1at of '~TradeWi:;lds~':; <IS l"~;cortfed~ Plat B~ok 21-, Page 73 of the PubHc Rec.Qrds of Pafm .l:lea~h County; Florida, klJ' a po;nt- Qf beginning; tne,ncc Ea.st alung (he North line of said "Trade Winds Estates", a distance of taO feet to a pokt; the-fi.cc NortheasterJIy along ,i line p.aralld to the Easterly line of Ttact 47 of said "Trade \Vinds Estales" a distance of lS ftel to a. point; thence West on a line parallel U;; (he North line of Tract 51. of said "Trade Winds Estates, a distance of Hm fe-tl, !nore or less, tn a pohll on the Easterly Hlle ofTraet 4'7; thence southerly along the East line ofTmd 4'7, (j distance of ! 5 feel, mllire or less, to the poti'lt Qfbe-ginning, Start at the Soulhwest corner of !At 52, "Trad(l Winds Estates", P'ahn Bead) County, Florida, 3Ct;,Orditig 10 the Plat thereof on fiJe in the Office of the Clerk or Ihe (,'ircuit Court in and fOr Palm Be,ach County, Florid~ recorded .n Plal Book 21, Page 73~ thence run E3s1e.rly 484,20 fuet to the West right ot':..way line of DB, Highway NQ, 1; lhent,e Southerly 100 fe~t along said West right"of.way Hue; thence Westerly parallel to the North boundmy above described to tbe Northeast comer of Lot 46, "Tt~de Winds F..S'ta!e~>"; thence NOr'tnel'ly 96.43 feet to tl1e point of begirming. Said lands struBte, lying and being in Palm Beach County. Flonda, Tract 46, Trade 'VViml<:: RstaWs, ;'l ~ubd~'\ti<:ior~ in P;,dm Bellth Cvunty, Florjda, according to the Pla1 thereof rccon:kd in the Office or the Clerk of the Circuit Court in 3t1d for Pl'lhl'l BCL'lttJ CO'_IDlY, Florid;], in Plflt Book 21, Page 73, and .:iIso the foUo\I,'ing dese.ribe,d Tract Df hnd: commencing at the S~,:n.ltbe:ast comer of Tract 47, as shown on tht~ PI,il of "Tradt Winds EE-tat-;:,>" Frat Bo.ok 21! Page 73; Pa.lm Be3ch Couilty })ubfic Rec.ords rUTi NCl'therly akmg the East line of said 'frflfl 47, ,! disfance of 15 i'eet to the ~jjnt of beginning; fr(Hll the poinl of begtlming, fherK(:: nm F"ste'rly paraUel (\) the North Jil1e of Tract 51 of lhe !laid "TraM \~,ljnd ESlatesh, A distam:e uf toO fect, to a point; ll)tnce tun Sonfln~rly, piJrilllel 10 the Eam Line of ihesaid Tr.a(.,t '17, a distance of J 5 feet, It) a pnjnt in the Non!1 hJJe nf lhc S3cHj Tract .5]; thence rtm Mfiredy along the N()ltll lil,e (',f the said lraci 51, ;l dlst"nce of I R6, 77 feel to ::J p~)iJH: H!f~llCC' ,un Nonbel h". a~ ,m angle be 107".! '~. f T""'to- _ , 1 _ __ 0___._ At: ''"'In 'I") {\() Q ',~ L: ~' \l"nK,d from w(:s~ 10 NOIth,1 ,,,iih l1i(~ h'uno Irno' of the 'Sen.] !~act 50 I, ::: di81ance or 200 lCft, 10 fj poitu; (h::fJct run \Vc::,eri:' , parallel \1mb tile Nonh lme of r.hf: said rwct 51, H distance cd 3 f (:. 39 feet tn the Northe<lst ({)fECI' (',ff Tmct 46 of the ';;:;id 'Tl"ilde Wind" L~iHHes, lhf:ll(t; run S'outherty ,\ dlst,Hh_,C of] -0,70 f(;C[ to the palm <.rfhegHuHng, ,L,ot 52, itmended Plat of -'Trade \Vinds E-5tatt:;;" , acc..2!4!!H~ to ,lby_flllL .... 111ere-ofOnlHC;--ii'j"the Of:ftC{: oTfheC]eik c;[ih-e--(:'fculi Court in and for F~~dm Bea:::h ('outty, Florida, recorded ill Rlat B{)ok 2: J, Page 73; snid h~nd~ Slrtlllte Iymg and being Ili Pt.alm BMCh Count)'; Flom:b Lots 43, 53, 531\ ll!11cnJccd PIal of 'Trade \~linds, Esttilt.s", a subdlvisiotl m Palm Bea-ch County, Fbridi:l .according ({) Ihe Plat ilic:n:~of on me in ~he Office of the Cledt of rhe Circuit C(JU11 HI and tbr Parm Beach County, Florida, it! Plat Book 21, Pagp 13 I1Je EU$! 300 feet 1)1' Lot~; 54 and :'i5, "mended Plat of "Trade \Vmds Estates", Paim Bear.:h ('AJumy, F1OJ.'ida ace';:'l'ding [0 the Plat recorded ill the Office of the Clerj, oJ the Circuit (;01111 in and fo, Palm Be'iich County, Florjda thereof, in Plat Book 21, Page 73. subjet:-t In 1he exi sting ri ghl. (If. \va)' of V,S, High""ay #1, together with impro'lI'cments localed me;feO!\ 20 21 22 23 , I I 2 3 4 5 6 7 8 9 10 11 12 13 ORDINANCE NO. 08- ();..t.j. AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA AMENDING ORDINANCE 08-003 TO CORRECT THE OMISSION OF LOT 44 FROM THE LEGAL DESCRIPTION; RECONFIRMING INCLUSION IN THE COMMUNITY REDEVELOPMENT AREA OF THE PROPERTY DESCRIBED IN AMENDED EXHIBIT "A" AND PROVIDING FOR CONFLICTS, SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Boynton Beach heretofore adopted 14 Ordinance 08-003 which provided for inclusion of the Gulfstream Gardens development project, 15 which had previously been annexed into the City, into the Community Redevelopment Area; and 16 WHEREAS, the legal description of the Gulfstream Gardens development project was 17 incorrect by the omission Lot 44; and 18 WHEREAS, it was and remains the intent of the City Commission to include in the 19 Community Redevelopment Area all of the property described in Exhibit "A" as now amended and attached hereto. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORJDA, THAT: Section 1. Each Whereas clause set forth above is true and correct and incorporated 24 erein by this reference. 25 Section 2. Ordinance 08-003 is amended for the purposes of deleting Exhibit "A" 26 hereto in its entirety and a new Amended Exhibit "A" is substituted in its place and stead. In all 27 ther respects Ordinance 08-003 shall remain as originally adopted. 28 29 Section 3. Each and every other provision of Ordinance 08-003 not herein pecifically amended shall remain in full force and effect as previously enacted. :\CA\Ordinances\Gulfstream Gardens Legal description Amendment.doc Section 4. All ordinances or parts of ordinances in conflict herewith be and the same 2 are hereby repealed. 3 Section 5. Should any section or provision of this ordinance or portion hereot any 4 paragraph, sentence or word be declared by a court of competent jurisdiction to be invalid, such 5 decision shall not affect the remainder of this ordinance. 6 7 8 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 Section 6. Authority is hereby granted to codify said ordinance. Section 7. This ordinance shall become effective immediately upon its passage and adoption. FIRST READING this ~_ day of. PrUGU,5T ,2008. SECOND, FINAL READING AND PASSAGE this ~ day of AUGu~ , 2008. CITY OF BOYNTON BEACH, FLORlDA L C. . ~ It;lc-Y ~r - Je Ta~l / -- . Commissioner - Ronald Weiland Commissioner - Woodrow L 7/L /)" / f / . . /' ;~.u-' ~/' Commissioner - Marlene Ross :\CA \Ordinances\Gulfstream Gardens Legal description Amendment.doc :2 II I I (ATTEST: 2 II 3 4 5 6 7 8 9 10 11 M. Prainito, CMC Clerk . ,~b., :\CA\Ordinances\Gulfstream Gardens Legal description Amendment.doc 3 EXHIBIT A The annexed property is described as follows: Commence at the Southeast comer of Tract 47 as shown on the amended Plat of "Trade Winds Estates" as recorded in Plat Book 21, Page 73 of the Public Records of Palm Beach County, Florida, for a point of beginning; thence East along the North line of said "Trade Winds Estates", a distance of 100 feet to a point; thence Northeasterly along a line parallel to the Easterly line of Tract 47 of said "Trade Winds Estates" a distance of 15 feet to a point; thence West on a line parallel to the North line of Tract 51 of said "Trade Winds Estates, a distance of 100 feet, more or less, to a point on the Easterly line of Tract 47; thence southerly along the East line of Tract 47, a distance of 15 feet, more or less, to the point of beginning. Start at the Southwest comer of Lot 52, "Trade Winds Estates", Palm Beach County, Florida, according to the Plat thereof on file in the Office of the Clerk of the Circuit Court in and for Palm Beach County, Florida, recorded in Plat Book 21, Page 73; thence run Easterly 484.20 feet to the West right- of-way line of U.S. Highway No.1; thence Southerly 100 feet along said West right-of-way line; thence Westerly parallel to the North boundary above described to the Northeast corner of Lot 46, "Trade Winds Estates"; thence Northerly 96.43 feet to the point of beginning. Said lands situate, lying and being in Palm Beach County, Florida. Tract 46, Trade Winds Estates, a subdivision in Palm Beach County, Florida, according to the Plat thereof recorded in the Office of the Clerk of the Circuit Court in and for Palm Beach County, Florida, in Plat Book 21, Page 73, and also the following described Tract of land: commencing at the Southeast comer of Tract 47, as shown on the Plat of "Trade Winds Estates" Plat Book 21, Page 73, Palm Beach County Public Records run Northerly along the East line of said Tract 47, a distance of 15 feet to the point of beginning; from the point of beginning, thence run Easterly parallel to the North line of Tract 51 of the said "Trade Wind Estates". A distance of 1 00 feet, to a point; thence run Southerly, parallel to the East line of the said Tract 47, a distance of 15 feet, to a point in the North line of the said Tract 5 ]; thence run easterly along the North line of the said Tract 51, a distance of 186.77 feet to a point; thence run Northerly, at an angle of 107037' (turned from west to North) with the North line of the said Tract 51, a distance of 200 feet, to a point; thence run Westerly, parallel with the North line of the said Tract 51, a distance of 316.39 feet to the Northeast comer of Tract 46 of the said "Trade Winds Estates; thence run Southerly a distance of 177.70 feet to the point of beginning. Lot 52, amended Plat of "Trade Winds Estates", according to the Plat thereof on file in the Office of the Clerk of the Circuit Court in and for Palm Beach County, Florida, recorded in Plat Book 21, Page 73; said lands situate lying and being in Palm Beach County, Florida. Lots 43, 44, 53, 53A amended Plat of "Trade Winds Estates", a subdivision in Palm Beach County, Florida according to the Plat thereof on file in the Office of the Clerk of the Circuit Court in and for Palm Beach County, Florida, in Plat Book 21, Page 73. The East 300 feet of Lots 54 and 55, amended Plat of "Trade Winds Estates", Palm Beach County, Florida according to the Plat recorded in the Office of the Clerk of the Circuit Court in and for Palm Beach County, Florida thereof, in Plat Book 21, Page 73, subject to the existing right-of- way of U.S. Highway #1, together with improvements located thereon. S:\Planning\SHARED\WP\PROJECTS\Gulfstream Gardens\GULFSTREAM GARDENS Annexed Properties Legal Description.doc Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida July 8, 2008 Mr. Weiland moved to approve the authorization for staff to negotiate with Sanson Klein Jacomino and Company, LlP. Ms. Ross seconded the motion. Ms. Ross thanked Ms. Harris for the information pertaining to the firm. Vote A vote was taken and the motion unanimously passed. s. ~ of eRA BouAdaryAmendrnent Ms. Brooks explained the City and CRA adopted the Federal Highway Corridor Community Redevelopment plan in 2001 and updated it in 2006. The plan was divided into five planning areas. The subject properties were in planning area five, on the southern end of the City. There were properties in the City that were not annexed into the CRA area and others were annexed into the City that were zoned Reserved to accommodate the corridor plan. It was noted there was no formal action to incorporate those parcels into the CRA; only the City Commission had the authority to change the CRA boundaries. The effected properties were: ../ Waterside, annexed in 2004 -115 units. ../ Tuscan, annexed in 2006 - 25 units ../ Gulfstream Gardens, annexed in 2004 - 308 units planned ../ Palm Cove, annexed in 2006 - 121 units proposed 0/ Bayfront, annexed in 2004, - 76 units. There was an expectation on staff's part, because the projects came before the CRA board for quasi-judicial hearing, they would be added to the eRA. Due to the parcels being developed, there would be a TrF offset of approximately $500K, which was part of the reason for the struggling budget for next year. There were three options for the board to consider as follows: 1) Leave the above referenced projects out of the CRA boundary and amend the Federal Highway Corridor Plan to exclude those projects already constructed as wen as future projects to be constructed in the unincorporated areas of planning area five (excluding Gulfstream Gardens.) The legal description would have to be corrected a", ~,a, ~ ~m.n tMt h tmeAt of.tAct FedeNt ~ Corridor ~'~~h"'4aii~!_~~.tp ~.......' tlJQjects in_GftAm...~. ,'.",..,.,.""" ""..~;MW4;.....'the CAA.~ wdtk with lfle I{yAffe1"n i'fing'''ol'jttes to draft the eRA 16 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida July 8,2008 boundary am~ndment r'c~lJ,&ioQ ~ with leg~ 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 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. There was discussion about the different properties that should be annexed into the CRA and not the City, and annexing enclaves from the County. There were areas, such as Wall Street, or areas that were undesirable, that should be annexed into the CRA as well and the CRA would be responsible for them. It was noted in December 2007, the City Commission directed Staff to annex Gulfstream Gardens II, which still wasn't done. At the last meeting, staff was to address the CRA boundaries which included NE 4th Street, and only one side of the street was annexed. Ms. Brooks explained the unincorporated areas cannot be in the CRA unless they were part of the City. She explained it made sense to let developers come in and request annexation in a CRA specific land use, and if the board made that policy determination, they would be annexed and receive incentives, if needed to do the infrastructure. Regarding Gulfstream Gardens II, the Ordinance was passed in February of 2008, but there was an error in the legal description and one parcel was omitted and the Property Appraiser could not map it. Attorney Cheraf explained the legal description contained in the Ordinance was provided by the property owner, not City staff. The corrective action was to obtain the property description and a meeting was scheduled with the Property Appraiser's office with the hope the error could be treated as a scrivener's error. The intent was to incorporate the entire parcel into the CRA area. Otherwise, there would be an ordinance amendment requiring two readings. The Fourth Street amendment would be heard in August and a lot of analysis was associated with it. Staff was also reviewing all the streets that were split. Attorney Cherof explained the CRA would re-express their intent and an ordinance would be prepared for the City Commission that formally adopted the boundary amendments necessary to effectuate the issue. The matter would return to the CRA between the City Commission's first and second ordinance readings for a resolution in support of the annexation. It was noted the City would lose revenues; however, those amounts were not calculated. If the Property Appraiser did not approve the year when the annexations should have been effectuated, the base year would be 2009 and the calculations on the completed projects have been based on the present day value of the properties. 17 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida July 8, 2008 Kurt Bressner, City Manager, explained the CRA combined tax rate was 10.23% and he would multiply the taxable value for 2008 and apply it to the City's millage rate at 6.553. There were two developments that were completed and it was unknown when the other parcels would be completed. If action was taken now, those other parcels would be brought in this year and put on the tax rolls by 2009. He agreed with the Federal Highway Corridor designating the area as a planning area, but it did not designate the area as being within the CRA boundary. The annexations were a policy decision for the CRA to make regarding each project. They would then forward their request to the City Commission to determine whether to modify the boundary and include the lands within the CRA. Ms. Bright explained that process did not occur in years 2005, 2006 and 2007. The agenda request would correct the boundary and start the process of including taxable value of projects that were not developed into the CRA. -- -Uft Mr. Weiland moved to approve recommendation two. Mr. Hay seconded the motion that unanimously passed. There was discussion when the ordinance would come back, and it was agreed the City would expedite the ordinance hearing, including them on both August agendas and annexation of the affected properties would be brought forward as one recommendation. Additionally when enclaves were annexed into the City, if they were not already within the eRA, the intent would be they would contemporaneously annexed into the CRA. There was concensus to include that language. As to whether the CRA would retrofit the TIF for properties in the CRA boundaries, Mr. Bressner advised that amount would be $386K. Motion Mr. Weiland moved not to retro the TIF funds to the City. Mr. Hay seconded the motion. Mr. Bressner explained the methodology used for the calculations. Vote The motion unanimously passed. XIII. Future Agenda Items None. XIV. Comments by Staff None. 18 1 RESOLUTION 08-05 2 3 A RESOLUTION OF THE BOYNTON BEACH 4 CO~TY REDEVELOPMENT AGENCY 5 RECOMMENDING TO THE CITY COMMISSION OF 6 THE CITY OF BOYNTON BEACH FLORIDA THAT 7 THE CO~TY REDEVELOPMENT PLAN BE 8 AMENDED TO MODIFY THE REDEVELOPMENT 9 AREA BOUNDARY DESCRIPTION TO CONFIRM 10 INCLUSION OF ALL UNINCORPORATED ENCLAVES 11 ANNEXED INTO THE CITY AFTER NOVEMBER 8, 12 2000; SUPPORTING AUTOMATIC INCLUSION OF 13 ANNEXED UNINCORPORATED ENCLAVES INTO 14 THE REDEVELOPMENT AREA; RESOLVING ISSUES 15 OF RETROACTIVE REALLOCATION OF AD 16 VALOREM OR TIF REVENUES BETWEEN THE CITY 17 AND THE COMMUNITY REDEVELOPMENT AGENCY 18 AND PROVIDING AN EFFECTIVE DATE. 19 20 WHEREAS, Florida Statute 163.361 provides for amendment or modification of a 21 Community Redevelopment Plan including changes in boundaries of the redevelopment area to add 22 land to or exclude land from the redevelopment area; and 23 WHEREAS, Florida Statute 163.361 requires that the Community Redevelopment Agency 24 make recommendations to the City Commission regarding Plan Amendment, including, but not 25 limited to, boundary amendment; and 26 WHEREAS, the City Commission has heretofore described the boundaries of the 27 Community Redevelopment Area by adoption of Ordinance 00-59. The boundaries of the 28 Community Redevelopment Area as set forth in Ordinance 00-59 a north and south boundary that 29 was coterminous with the City's north and south jurisdictional boundaries; and 30. WHEREAS, the City Commission subsequent to the adoption of Ordinance 00-59 has 31 annexed enclaves and other property with the intent that those properties were to be treated as 32 within the Community Redevelopment Area; and 33 WHEREAS, the Community Redevelopment Agency finds that the enclaves that have been T:\PLANNING\CRA Boundary Amendment\CRA Boundary Reso enclaves. doc annexed into the City subsequent to the adoption of Ordinance 00-59 shared, at time of annexation. 2 the same characteristics as other properties in the Community Redevelopment Area and that such 3 areas were, at time of annexation, slum areas, blighted areas, or areas in which there was a shortage 4 of housing that is affordable to residents of low or moderate income, including the elderly or were 5 costal and tourist areas that were deteriorating or economically distressed due to outdated building 6 density patterns, inadequate transportation and parking facilities, faulty lot layout or inadequate 7 street layout, or a combination thereof; and 8 WHEREAS, the Community Redevelopment Agency finds that there are additional 9 enclaves within the boundaries of the Community Redevelopment Area which, if annexed into the 10 City, should be deemed and considered part of the Community Redevelopment Area as they share 11 the same characteristics described in the foregoing whereas clause and that redevelopment of those 12 properties can be enhanced by Community Redevelopment projects and programs; and 13 WHEREAS, the Community Redevelopment Agency has reviewed the proposed City 01 14 Boynton Beach Ordinance regarding amendment of the Community Redevelopment Area 15 boundaries; fmds that the intent and purpose of the Ordinance is consistent with the goals of the 16 Community Redevelopment Agency; and supports the passage and adoption of that Ordinance, 17 NOW, THEREFORE, BE IT RESOLVED BY THE BOYNTON BEACH 18 COMMUNITY REDEVELOPMENT AGENCY, THAT: 19 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed ac 20 being true and correct and are hereby made a specific part of this Resolution upon adoption, 21 Section 2. The Community Redevelopment Agency recommends modification of the 22 Community Redevelopment Plan and the boundaries of the Community Redevelopment Area as 23 hereinafter set forth: 24 T:\PLANNING\CRA Boundary Amendment\CRA Boundary Reso enclaves, doc 1 (a) The boundaries of the Community Redevelopment Area are as set forth in the 2 following legal description: 3 BEGINNING at a point of intersection of the West right-of-way line of the Intracoastal 4 Waterway with the North line of the South one-half (S lh) of the North one-half (N Y2) of Section 5 15, Township 45 South, Range 43 East, said North line being the North boundary line for the 6 City of Boynton Beach, thence run Westerly along the said North line, said North line being also 7 the centerline of Northeast 26th Avenue and its eastern extension thereof, said extension crossing 8 the F.E.C. Railroad, U.S. Highway One (S.R. #5), and further being the North line of that part of 9 the South 150 feet of the North 1,455.5 feet of the Northwest ':4 of said Section 15, Township 45 10 South, Range 43 East, to a point on the West line of said Section 15; said West line being also 11 the East right-of-way line of Northeast 4th Street; 12 13 thence Southerly along the West line of said Section 15 to the Southwest comer of said Section 14 15, being also the Northwest comer of Section 22, Township 45 South, Range 43 East; 15 16 thence continuing Southerly along the West line of said Section 22, Township 45 South, Range 17 43 East, to a point on the North right-of-way line ofthe Boynton Canal (SFWMD C-16 Canal) as 18 currently laid out and in use; 19 20 thence Westerly along the said North right-of-way line of the Boynton Canal lying in Sections 21 21 and 20, to a point of intersection with the Northerly extension of the West right-of-way line of 22 West Industrial Avenue as shown on the plat of BOYNTON BEACH INDUSTRIAL PARK 23 NORTH, according to the plat thereof as recorded in Plat Book 43, Pages 20-22, Public Records 24 to Palm Beach COunty, Florida; 25 26 thence Southerly along the said West right-of-line of West Industrial Avenue and its continuation 27 in the plat of BOYNTON BEACH INDUSTRIAL PARK, according to the plat thereof as 28 recorded in Plat Book 25, Page 232, Public Records of Palm Beach County, Florida, to a point on 29 the South right-of-way line of State Road 804 (West Boynton Beach Boulevard) as currently laid 30 out and in use; 31 32 thence S. 81048' 30" E. along the South right-of-way line on West Boynton Beach Boulevard 33 (based on an assumed bearing of N. 870 40' 46" E. of the centerline of West Boynton Beach 34 Boulevard), a distance of 302.68 feet to a point; 35 36 thence S. 870 13' 22" E. along said South right-of-way line, a distance of 309.97 feet to a point; 37 38 thence S 800 25' 27" E. along said South right-of-way line, a distance of 50.95 feet to the 39 Southwest comer of Lot 5, Block 1, according to the plat of LAKE BOYNTON ESTATES 40 PLAT 1, as recorded in Plat Book 13, Page 32, Public Records of Palm Beach County, Florida; 41 42 thence N. 88006' 29" E. along the South right-of-way line and the South line of said Lots 3,4 & 43 5, Block 1, LAKE BOYNTON ESTATES PLAT 1, a distance of 150.00 feet to the Southeast 44 comer of said Lot 3, and a point on the East line of Section 29 and the West line of Section 28, 45 Township 45 South, Range 43 East, Palm Beach County, Florida; T:\PLANNING\CRA Boundary Amendment\CRA Boundary Reso enclaves. doc 1 2 thence S. 010 31' 31" E. along the said West line of Section 28, a distance of 506.58 teet to the 3 intersection of the centerline of West Ocean Avenue as currently laid out and in use: 4 5 thence S. 890 47' 31" E. along the said centerline of West Ocean A venue, to its intersecti on with 6 the West right-of-way line of Seacrest Boulevard as currently laid out and in use; 7 8 thence Southerly along the West right-of-way of Seacrest Boulevard to its intersection with the 9 centerline of Southwest 2nd Avenue; 10 11 thence Easterly crossing Seacrest Boulevard and continuing on the centerline of Southeast 2nd 12 Avenue to the Easterly right-of-way line of the Florida East Coast Railway (FEC RlR) right-of 13 way; 14 15 thence Southerly along the East right-of-way line of the FEC RlR, to a point of intersection with 16 the Westerly projection of the South line of Lot 20, DELRA Y BEACH ESTATES, according to 17 the plat thereof as recorded in Plat Book 21, Page 13, Public Records of Palm Beach County. 18 Florida; 19 20 thence S. 730 45' IS" E. along said Westerly projection of the South line of said Lot 20, the 21 South line of said Lot 20 and its Easterly extension a distance of 680.21 feet to a point on the 22 Easterly right~of-way line of South Federal Highway (U.S. #1), said South line being also the 23 corporate boundary of the City of Boynton Beach; 24 25 thence Northerly along the Easterly right-of-way line of South Federal Highway (U.S. #1 ), to a 26 point of intersection with the South line of the South 50 feet of the "Not Included" pareei 27 adjacent to Lot A, as shown on the plat of KlNG'S SUBDIVISION, as recorded in Plat Book 20. 28 Page 47, Public Records of Palm Beach County, Florida; 29 30 thence Easterly along said South 50 foot line to a point on the West line of TRADE WINDS 31 ESTATES, FIRST ADDITION, according to the plat thereof as recorded in Plat Book 22, Page 32 44, Public Records of Palm Beach County, Florida; 33 34 thence Northerly along said West line of TRADE WINDS ESTATES, FIRST ADDITION, a 35 distance of 50 feet to a point, said point being also the Southeast corner of said Lot A KING'S 36 SUBDIVISION; 37 38 thence Westerly along the South line of said Lot A, KING'S SUBDIVISON, to the Easterly 39 right-of-way of South Federal Highway (U.S. #1) as currently laid out and in use; 40 41 thence Northerly along the said Easterly right-of-way line of South Federal Highway (U.S. #1), to 42 a point on the South line of Lot 8, KINGS SUBDIVISION, according to the plat thereof a~ 43 recorded in Plat Book 20, Page 47, Public Records of Palm Beach County, Florida; 44 45 thence Easterly, Northerly and Westerly along the South, East & North lines of said Lot ~. 46 KINGS SUBDIVISION, to a point on the said Easterly right-of-way line of South Federal 47 Highway (U.S. #1); T:\PLANNING\CRA Boundary Amendment\CRA Boundary Reso enclaves,doe 1 2 thence Northerly along the said Easterly right-of-way line of South Federal Highway (U.S. #1), to 3 a point that is the Southwest corner (SW) of the plat of EST ANCIA AT BOYNTON BEACH 4 PUD, according to the plat thereof as recorded in Plat Book 108, Pages 25 & 26, Public Records 5 of Palm Beach County, Florida, said point being also on the North right-of-way line of Bamboo 6 Lane, a private road; 7 8 thence along the following courses (based on the North line of the previous record plat known as 9 DAKOTA LOFTS, as recorded in Plat Book 97, Pages 132 to 134, Public Records of Palm 10 Beach County, Florida being S. 890 18' 46" W.); 11 12 S. 76027' 18" E., a distance of 150.00 feet to a point, 13 N. 11016' 09" E., a distance of 13.95 feet to a point; 14 N. 890 18' 46" E., a distance of248.79 feetto a point; 15 N. 05026' 06" W., a distance of94.50 feet to a point; 16 N. 890 18' 46" E., a distance of 300.00 feet to a point on the West right-of-way line of the 17 Intracoastal Waterway as currently laid out and use; 18 19 thence Northerly and along the West right-of-way line of said Intracoastal Waterway to the 20 POINT OF BEGINNING. 21 22 LESS all of Lots 39 & 40, Lots 66 & 67, Lots 72 thru 76, and Lots 78 thru 112, including all 20- 23 foot right-of-ways connected thereto, as shown on the AMENDED PLAT OF TRADE WINDS 24 ESTATES, as recorded in Plat Book 21, Page 73, according to the Public Records of Palm Beach 25 County, Florida, and 26 27 LESS all of Lots 1 thru 5, including the 50-foot right-of-way for Miller Road, as shown on the 28 plat of KILLIAN'S PARK, as recorded in Plat Book 23, Page 195, according to the Public 29 Records of Palm Beach County, Florida. 30 31 32 The following described properties which were annexed into the City of Boynton Beach 33 subsequent to the adoption of Ordinance 00-59 are expressly deemed included in the Community 34 Redevelopment Area as of the effective date of annexation of those properties: 35 36 37 TICKET CLINIC: 38 39 Lots 2 and 3, Less the Westerly 17 feet thereof, KING'S SUBDIVISION, according to the 40 Plat thereof, as recorded in Plat Book 20, Page 47, of the Public Records of Palm Beach 41 County, Florida. 42 43 44 BOYNTON BAGELS: 45 T:\PLANNING\CRA Boundary Amendment\CRA Boundary Reso enclaves. doc 1 Lot 8, Less the Westerly 17 feet for road right-of-way, KINGS SUBDIVISION. accordinr 2 to the Plat thereof, as recorded in Plat Book 20, Page 47, of the Public Records ()f Palm 3 Beach County, Florida. 4 5 6 BA YFRONT: 7 8 Lots 56 & 57, AMENDED PLAT OF TRADEWINDS ESTATES, according to the Plat 9 thereof as recorded in Plat Book 21, Page 73, of the Public Records of Palm Beach 10 County, Florida, Less a portion of Lot 57 for right-of-way of State Road No.5 [South 11 Federal Highway] as shown on State of Florida Road Department right-of-way map 12 Section No. 9301-205. 13 14 15 THE VILLAS OF BOYNTON BEACH (fka TUSCAN VILLAS): 16 17 Lot 1 and Lot lA ofKlNGS SUBDIVISION, according to the Plat thereof, as recorded in 18 Plat Book 20, Page 47, Public Records of Palm Beach County, Florida; less the Westerly 19 17 feet of said lots. 20 21 Together with: 22 23 All that part of Lot C of KINGS SUBDIVISION, in Section 4, Township 46 Soutl~ 24 Range 43 East, Palm Beach County, Florida, as per Plat recorded in Plat 20, Page 47. 25 Public Records of Palm Beach County, Florida, except the following part thereof: 26 Beginning at the Southwest (SW) comer of said Lot C, thence run Northerly along the 27 West line thereof, a distance of eighty (80) feet, thence Southeasterly (SE) in a straight 28 line to the Southeast (SE) comer of said Lot C; thence run West along the South line of 29 said Lot C to the Point of Beginning. Further less and except the Westerly 17 feet for 30 road right-of-way. 31 32 33 PALM COVE: 34 35 That part of Lot 59, AMENDED PLAT OF TRADE WINDS ESTATES, a subdivision, 36 according to the Plat thereof, recorded in Plat Book 21, Page 73, of the Public Records of 37 Palm Beach County, Florida; lying west of the right-of-way of State Road 5 (U.S. 38 Highway No.1) as conveyed to Palm Beach County, Florida by a deed recorded in 39 Official Records Book 124, Page 638 of the Public Records of Palm Beach County. 40 Florida. 41 42 Together with: 43 44 Lots 37,38 and 58 of the AMENDED PLAT OF TRADE WINDS ESTATES, accordinp 45 to the Plat recorded in Plat Book 21, Page 73, of the Public Records of Palm Beac. 46 County, Florida, less that portion deeded to the State of Florida by instrument in Official 47 Records Book 104, page 35, Public Records of Palm Beach County, T:\PLANNING\CRA Boundary Amendment\CRA Boundary Reso enclaves, doc 1 2 Together with: 3 4 Lot 15, of KILLIAN'S PARK, a subdivision according to the Plat thereof, as recorded in 5 Plat Book 23, Page 195, of the Public Records of Palm Beach County, Florida, less that 6 portion of Lot 15, conveyed to the State of Florida by Warranty Deed in Official Records 7 Book 119, Page 453, ofthe Public Records of Palm Beach County, Florida. 8 9 Together with: 10 11 All of Lots 6 through 14 and Lots 16 through 29, of KILLIAN'S PARK, according to the 12 Plat recorded in Plat Book 23, Page 195, of the Public Records of Palm Beach County, 13 Florida. 14 15 Together with: 16 17 The 30-foot right-of-way of Miller Road as shown on the Plat of KILLIAN'S PARK, as 18 recorded in Plat Book 23, Page 195, in the Public Records of Palm Beach County, 19 Florida, adjoining Lots 6 through 14 of said KILLIAN'S PARK, as abandoned by the 20 City of Boynton Beach Ordinance No. 06-007 dated January 17,2006. 21 22 23 WATERSIDE: 24 25 A parcel of land in Section 4, Township 46 South, Range 43 East, Palm Beach County, 26 Florida, being more particularly described as follows: 27 28 COMMENCE at the Northeast (NE) comer of Lot 48, TRADE WINDS ESTATES, 29 FIRST ADDITION, according to the plat thereof as recorded in Plat Book 22, Page 44, of 30 the Public Records of Palm Beach County, Florida, said comer being on the Westerly 31 right-of-way line of the Intracoastal Waterway; thence N. 05026' 06" E., on said Westerly 32 right-of-way line, a distance of 365.92 feet to the POINT OF BEGINNING; thence S. 890 33 18' 46" W., a distance of 385.00 feet; thence N. 05026' 06" E., a distance of 4.08 feet; 34 thence S. 890 18' 46" W., a distance of 35.00 feet; thence S. 050 26' 06" W., a distance of 35 174.98 feet; thence S. 890 18' 46" W., a distance of236.14 feet to a point of curvature of 36 a circular curve, concave to the Southeast; thence Southwesterly on the arc of said curve, 37 with a radius of 102.47 feet and a central angle of 340 34' 00", an arc distance of 61.82 38 feet to a point of reverse curvature of a circular curve concave to the Northwest; thence 39 Southwesterly on the arc of said curve, with a radius of 82.59 feet and a central angle of 40 34034' 00", an arc distance of 49.83 feet to a point of tangency; thence S. 890 18' 46" W., 41 a distance of 94.20 feet to the intersection with the Easterly right-of-way line of U.S. 42 Highway One (S. R. No.5), said intersection being on the arc of a circular curve, concave 43 to the West, the Radius point of which bears N. 73025' 48" W.; thence Northerly on said 44 Easterly right-of-way and on the arc of said curve, with a radius of 11,509.20 feet and a 45 central angle of 020 23' 09", an arc distance of 479.27 feet; thence N. 890 14' 41" E., a 46 distance of 245.48 feet; thence N. 050 26' 06" E., a distance of 95.70 feet to the 47 intersection with a line parallel with and 578.97 feet South of the North line of said T:\PLANNING\CRA Boundary Amendment\CRA Boundary Reso enclaves. doc 1 Section 4; thence N. 890 18' 46" E., on said parallel line, a distance of 274.00 feet: them: 2 S. 060 36' 55" W., a distance of 40.21 feet to the intersection with a line parallel with ami 3 618.85 feet South of the North line of said Section 4; thence N., 890 ]8' 46" E.. on saw 4 parallel line, a distance of 250.00 feet to the intersection with the aforementionec 5 Westerly right-of-way line of the Intracoastal Waterway; thence S. 050 26' Of}"' W.. ur 6 said Westerly right-of-way line. a distance of 3] 5.29 feet to the POINT OF BEGTNNINU 7 8 9 For purposes of establishing the base year from which tax increment increases shall be calculated 10 for the foregoing listed projects, the date of annexation of the property into the jurisdictional 11 boundaries of the City shall control as those properties were already in the boundaries of the 12 Community Redevelopment Area as described in Ordinance 00-59, 13 14 Section 3. The Community Redevelopment Agency finds that all property within the 15 boundaries of the Community Redevelopment Area, including those properties which constitute 16 unincorporated enclaves, have been found by the City Commission to share the same characteristic~ 17 of the slum and/or blighted properties which surround or are adjacent to them and are therefore 18 suitable for and will benefit from the community redevelopment programs of the Community 19 Redevelopment Agency. 20 Section 4. The Community Redevelopment Agency recommends that all 21 unincorporated enclaves within the Community Redevelopment Area which are annexed into the 22 City of Boynton Beach subsequent to the adoption of this code section shall automatically be 23 treated as included in the Community Redevelopment Area and subject to the jurisdiction of the 24 Community Redevelopment Agency unless, at time of annexation, the City Commission expressly 25 excludes that property from the Community Redevelopment Area and the jurisdiction of the 26 Community Redevelopment Agency. 27 Section 5. This Resolution will become effective immediately upon passage, 28 T:\PLANNING\CRA Boundary Amendment\CRA Boundary Reso enclaves, doc 1 2 PASSED AND ADOPTED this 2nd day of September, 2008. 3 4 5 6 7 8 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 APPROVED AS TO PURPOSE: BY'cBt ~ ~ \ fJ&- . . ISA BRIGHT, Executive Director By: BOYNTON BEACH COMMUNITY REDEVELOPMENT NCY J. Taylor ~ J. Rodriguez ~ R. Weiland ~ W.Hay M. Ross ~ T:\PLANNING\CRA Boundary Amendment\CRA Boundary Reso enclaves,doc 1 :2: 3 of 5 (} ". I 'll " W 11 I~ 13 l4 1:; 16 17 lit 19 20 ;:1 l"'} ~, - . ::~ 25 ..~t.l -:: 18 ::q ~(J 11 ':: _H It 1';' \6 ).'J ,Ij w 40 Page 1 of 1 " OIIDINANCE 08.~ I\N OlUJINAN('Jj; OJ' IHl~ CilY COMl\US810N OF HIE tITV OF BOYNTON BEACU~ FLORIDA ,\ME-NDING 'fRY. COMMllNffY REDE\'ELOl"l\IENT PLAN TO n.ARWY nlA T ENCLAVES A,Nll 01'JU:n. VROPERTlF.S ANNEXED INto 'I'IU~ ('IT\' TlM:r ARE WnlllN TIlE, PREVIOliSLY DI<:SIGNATED UOUNIlAIUES 01' THE eRA ARE l'tART OF THE COM"Ml1NIiH' REDEVELOPME:"oIT ,""RK;\. ,"''liO 'THE.REFOR": StlRJECr TO JutusmCnON Of Tin: COMMONl'l'Y KED.~VELOPMENT ..\Gf.Nn'; Af\.fEN1}IN(; 11lE COl\BRlNlT\' JlEDEVELOPMENT BOUNDAR\' OESCRIPTlON TO (:L\IUFV INnXSIO'" 01i' ANNEXED PROPKR'n't PROVEDlNG FOR AlrroMATlC INCLUSION OF ANNEXED l"l~orIi:R"\' IN 1'1U: cn.A lJNLRSS f.XCLVDED B\' lCXCEPl'10N; AMl<:NDING CHAP1'EU 2 OF ARTU:U: 1 OJ' l'HE COUI': OF OROINA!\(:ES AND SF:CTfON 2.13.2(bl THEREot' IU,LA TING TO THE COMMFNHY REDEVI-:J,OrMEN'r AGENCY BOt'NUARJli;S TO UNliMBER Sl'BSEcnON (1)) AS A NEW SECTION 2,.13.5; ACCEPTlN(. A RECOMPtU.:NDA'nOl'. FROM 1 In: COMMl'Nln ltEDEVELOP.:f'tIEN'l' AGE~n TO IMJ'Lf:.ME:'\'T HI E t\MENIJMENTS PRO\'Jl)EIl HUtf.,IN; l>lRECTIN(; rUE CIT\' ADMINISTRATION TO TAKE stinl ACTION ,\5 NEC"~SSlUtY TO E."FE<''Tb\.n: THE INTEN1' m. nus ORDINANCE; PROVIOIN1; FOI{ cnNH.lCT, SEv..~nAnn,ny, COlH....c.\llOf\; PROVIIHN(~ Hm \N H....EcnvF: n,-HI-:. WHlun:AS, F1vrkla St"LUIC !(-:U,M ptunJl'O: Il\!' :.un<:tldm:.:nl <Jt i1tl>dilh:lIrinl'l uf ;1 'lillUHUml) I{l:'de~eltlpmcnl Nun includilll,!, dltJ.ng.:~ ln br>undalies l,f Ihl.' r{"d.~'\,dUplm:lJI ;uc<i \(1 Illd hmd t(! 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('ouDt) ltmp'llt;. t\PpnJLS~~r" s ,-,fikc 10 eHi::'ctu:ltc lh'l.' ;n1ent \11 thi s ordin:ml'(' There S~L.n he fiLl rClrW'Cli\c ~.tH.\cal liln nr :u:! v:llilri:m m III' ;~\'<:i'lt!l'sho.:l\1oil'>:ll lhe '-il\ ,md the CommlU1ity R"Jc:,>e]upnterll "gem:y hy ,irLII.: or Ihl.:adlJptiilJ\ ,'f this OrdhllUtI;\: S\).~!i9n 5 I\Uprktr 'Llrdin:Jn,'''~~: Ill' r,~K()hHi()ns or P.111;; d;~n~'-I{ in ~:\1l1Hi~t Iw,cwilh me wlchy rq~a!ed;.o ;11e t':-.:lcl'Jt t1f:.;udll'Onm~t SJ:o.:lhm 2. If ~ny ~CdjNl, :;t,~l)!C11CC. o.:h\l~':. IJT rhr~l~',~ ot thi~ Ordinann: i, i',dd 10 r.1: \!)\uJiJ )f unmnslitutio-nal by illl;,' o.:ourt of compch:n.L ju:i~Jk'inll. lh"n "aid lK,]ditl~ "Iudl il1l1o W,i~ a1'fl:1.:1 11~ ",L\idity orlh,:: r-::rnulning j1ortlOm;, "I' this ()T\lillano.:~.. l'agr 9 '.I.:." 00: J.\"'dl'l,..;''),,:R""{,'1\!i. aUF'tI-J.~I.n \MFNrJ""I~N' (~~~\.-t.tn!\. l-.;t,jlr .t'\ , n ,. fL_ - __1""\:__1__, M_Ul}^^^'h0-=0 'Oc-A'T"'A "'''''....n!rpu=WT Tm$lupDl"nJav&l1n... 12/03/2008 .l:-l~e ! St;(lhm"1 It i'i lh,~ inlt'n1illrl ,,1- ~h,-, ( ,1\ [\'Ii, II\~',,-,n "j \1-,,' I ,1'\ 4 H j\OY\.11 Jh He''\\' [r, 1-" '1 ,,_la, lh.;lt tho: pro\i;;inns "I this ~ hil11iln'IT ,h:;U h':~Nr-,c' 'lI1d bo: m;td.;: il p~\r; ,,[ the' { ,I 'l (11' HI I\,\'l UN BL'\Cll C,>,j{- (If ()rd1H;mo.:~': ;mu ilt:!! ,Ii.: 'o.:L':\!.'t" ,It thi.., {'j'lI'Hil'l1\ "~ 111.\', h" f.;l111ru"O:R".j {)!' tdClleto:J (md ~hC' \\HrJ ""1'.1'11:111"'" "',.v, 1'0: chang.;:J 10 SLot hwl.' ""tlt,-k. ' ',0) b Scud1 r"h,:r apprl1pri;tt,~ ',,~onl or pnr;lse in mdc'\' ((1 ~1'~L'I\mpl["h '.u,;h mlLTM'-'Il' "l'~lit}n ~ Ihis Ordimmce shull 'hI! dkctl\'>: ;1l1ll'L',h:ll.d)' ',llkr :;d.:rtion h) PI" CIl\ C\,:nmi 'sH In and j'(-;rnH'\l"h ,pt I,m ;;1'< 'R i\ R,~;;" hn i Nl :\Ii:l!i-U~ :'lTl l'i\~SI ]) ['mSI RJ'ADING (lllS ,q .Iii) L'f A~, .'()l)~ "I'CO\I) i\~n Ht--,AI RL.-\DH.-:t'1 ,\DO!']!'[) ',hi,~d,':, l,j SePT' . ,'on8 ('! I \ (\1, Hny'-. I ()', 1,1-;\( H I,' I )[{I!L'" I,~ lli 11 12 1 ~ 11 1 ' Ih 17 I~ 1'1 ::;1,1 '1 :1 :b ')'7 \lTl,SI: ,::-$ ") ; ~ 1J1:,~ ill I 1'\.1 l~mitli:lI. ('\1(' ('Ink c"~ , '" . .:v~} \1'" ;J ~ II 11 11 t. , -;y--- 1:~~<,\1 01~1, . \,' iU:r_\~!~~: --"""- { (:;:?4'f:">....--'-;;. , " ( - nrnmi s,;;, 'r:l'~ on;) I.l \\ L ] LII1J " /':~ i ",,/' d. f2Z~~,~~/;1' .~9' >N'~\""'''~~ ("'-Ir~~!l'r \l.1-IvIl',' P,I'- ) \1 ~. i " II..! I" .. : II,'.; 11." Bnt 'i...n.;^~ -\'\n .....i.,\'ll '.1 .'~ ,~ll'.. I .-,1 I. 1':IC"- 10 Page 1 of 1 The City ofBQynton Beach m .--... ... -1' .. . i .!l!l!r T'llI"'l!11_.: v ~ IMd. r . Cit1' Oerj('s; O(flCl! 1011 f BOytITON BeACH BLVC' OO'{NTO~ BE./!o.CH FL 33435 ($G1) 74H060 FAX: (S61] 742:.609() E.mail: pr.ainitoJ@d,ooyntcm-Ocat:/'I fl vS 'Wit\'{ .l>'jo'ntcfl.bea..~t.()rt; September 8, 2008 GARY R NIKOLITS PALM BEACH COUNTY PROPERTY APPR/USER DOWNTOWN SERVICE CENTER COUNTY GOVERNr-tENTAl CE~JTER 301 NORTH OLIVE AVENUE WEST PALt>1 BEACH, Fl 33401 g@~, .,.. OrdInance No.OS-02$- f"'lod\1'vlnp thf;U:=OfTJmJ!!J[~YEJtq~ygl.Qnm.~f1t Plan changinQ boundaneLQt.ttl#,t rfid~v.~QPfi1c~nt Mea Dear Nr. Nlkolits: Enclosed for YOLr inforrnati::w ar,d use 1$ !:l certified tOpy cf Ordinance No. 08-024 that WtlS adopted by the City Commission M August 19, 2008. i\1l$ Ordinance fliodif.les the )l1risdlcUaral boundaries of tt,e Community ....RedevelopmeC?t Plan to add or-exclude land trom the redevelopment area. . PleaSe acknowledge receipt of thls correspondence. If yOll have aliy q.:.H'H,tionSI pleese conlact me; Very trury yours, erN OF 6QYN10N f:l:EA(;H l 1. '. /~.Al.;.L 1J). l1t,~ ''L~.t. /~~et M. Prainito, CMC City Clerk Enclosure CQPY to' jl,1 ( r',r~rnf, LI'?....l Kr":);.t"lt, VI\'';I-- ~,ntOk '5, keel- f.t! 1-1-:,", .'.~ ~ :: Z1f'1~.)5 '~\l<€Tl s,; \cc~.\,'-p",C\,:;.1:ti'it'l' ::.: .Jr~ ~'~IJondt!n"C"':\.r'nltr ,;oC.:-l \...:.,", N.-k~~:;,,~ . i rr1i';5,-rl1l:~;'jl :.~ C"'j,f'dllle 0:3..076 rJ(;-( ,~nJ\.'Th.j! ~\. (~<illttu.t1.1 ro' rht~ (,;IJ(f'.'Trt:'{Jn~ l..++.-..ffmohl;...1r ,,; hmrnt",,_hp!:lf'h f1ll,,/Tml'lC1P'f)i~nl;::Jv,a~nx?cache=ves&sessionkev=:WLlmageDisplay&un... 12/03/2008 :1\21..' The City of)3o)1JltonBeach . City Gerk's Offi:~e lOG E B()YNrm~ BEAC., ;;" ,.:) BOYNTON 6El';CH fI 3 34~:o (!;,61) 742.606(; FAX; (~61) 742,-$09(: E rraH: prain!lc.joifd.oo{nton'beacr II ,'5 w...,'l..d:o\,'ntcn-heach :','c September 8, 200~3 ROBERT WE1Sf<1AN COUNTY ADr.llNISTRATOR COUNTY GOVERNMENTAL CENTER 30'1 NORTH OLIVE AVENUE SUITE 1107 WEST PALr-1 BE/\CH, FL 33.102 Re~ Ordil'liartr.:~, _t!9Q8~026 .. "'odifv!D9 thg1iJ;Jmml.J(lit-'l_8,~Q~'L~1QQm€D~ f?lan ChMQiM b9JJIldaries of rh'-2 redevclopmBrt area Dear Mr. VVelsrnan: Enclosed fer your Infcrmailon and use 5 a certified copy cf Ordinarce 1'1)0, 08.024 that '....as adopted tlY the City Commission on August 19, 2008, Thi', Ordir ance rnodifies the j .Jrisdich::mtJ 1 belL nuane:.; cot t--", Co~nm\Jrlity ~edevelopment Plan to add or exclude f<'lnr! '.-om tt'IC r ed€velopment ,:'lrea, p"ease ackf~O>'iletJ<;J(;o receipt nf this (:crresponoence. If you have en',; Questlens, r-:i':::c$e contact m2 Very ttLlly yours, crry OF BOYNTON BEACH \l ,. -'I . ~->kt. '1)] f:'tcu ><j, :.- .anetM, Prainlta, O-K City Clerk Enclosure COfJ','";{".i ltql C"!:- ,I, Ll~~ Bn~~:'l Vl,..i~"':n p."':~:"~~':, Hd;'lq~ ",.=t.,~., ~:."ir;:-,"; t. j"1 S ';CC\'~VP\C~.l~.!t ,:' '::. .rl~L:nr.'::\'r{'!'~- ~:-blJH\Rnt:<..:::, 'N~~ ~,'II.:';' T-,;di':L,t!,JI ~.;: - \!,,'r,,-~ 'If.::, '~.:I::,..1-' . lInt'!'.'.. tJ ,'l !' n:t~;"~>~",I. ,','j .rJ;1. ' I'::/(~"~~l"~;i , l~flY~T8lRA . East Slde"'West Side"'Seaslde Renaissance October 1,2008 Gary R. Nikolits, CF A Palm Beach County Property Appraiser 301 N. Olive Avenue West Palm Beach, FL 33401 VIA OVERNIGHT MAIL Dear Mr. Nikolits, I write to you on behalf of the Board of the Community Redevelopment Agency, and the City Commission of tbe City of Boynton Beach to request correction of your rec.ords as they relate to the effective date of designation and inclusion of tbe following described properties into the jurisdictional boundaries of the CRA as of the date those properties were annexed by the City: Property 1 Lot 8, Less the Westerly 17 feet for road right-of-way, KINGS SUBDIVISION according to the Plat thereof, as recorded in Plat Book 20, Page 47, of the Public Records of Palm Beach County, Florida, Effective date of alUlexation: October 17, 2006 Property 2 Lots 56 & 57, "Amended Plat of Tradewind Estates" according to the Plat thereof as recorded in Plat Book 21, Page 73 ofthe Public Records of Palm Beach County, Florida, Less a portion of Lot 57 for Right-of Way of State Road No.5 as shown on State of Florida State Road Department right-of-way map section No. 9301-205. Effective date of 8lUlexation: June 1, 2004 Property 3 Lot 1 and Lot 1A of KING'S SUBDIVISION, according to the Plat thereof, as recorded in Plat Book 20, Page 47, Public Records of Palm Beach County, Florida; less the westerly 17 feet of said lots. Together With: All that part of Lot C of KING'S SUBDIVISION in Section 4, Township 46 South, Range 43 East, Palm Beach County, Florida, as per Plat recorded in Plat Book 20, Page 47, Palm Beach County records except the following part thereof: Beginning at the Southwest (SW) comer of said Lot C, and running thence North along the West line 915 South Federal Highway Boynton Beach, Florida 33435 Ph: 561-737-3256 Fax: 561.737.3258 Page 1 of5 www.boyntonbeachc..a.com 1~~~yw8fRA Ii East Slde"'West S!de"Seas;de Renaissance thereof a distance of Eighty (80) Feet; thence Easterly in a straight line to the Southeast (SE) comer of said Lot e; thence running West along the South line of said Lot C to the Point Of Beginning. Further less and except the Westerly 17 feet for road right-of-way, Effective date of annexation: April 18, 2006 Propelty 4 That part of Lot 59, "Amended Plat of Trade Winds Estates, a Subdivision," according to the Plat thereof, recorded in Plat Book 21, Page 73, of the Public Records of Palm Beach County, Florida; lying west of the right-of-way of State Road 5 (U.S, Highway No.1) as conveyed to Palm Beach County, Florida, by a deed recorded in Official Records Book 124, Page 638 of the Public Records of Palm Beach County, Florida. Together with: Lot 15, "Killian's Park, a Subdivision," according to the Plat thereof, as recorded in Plat Book 23, Page 195, in the Public Records of Palm Beach County, Florida, less that portion of Lot 15 conveyed to the State of Florida by a Warranty Deed recorded in Official Records Book 119, Page 453, of the Public Records of Palm Beach County, Florida, Together with: Effective date of annexation: January 17, 2006 Propelty 5 All of Lots 6 tlrrough 14 and Lots 16 through 29 of "Killian's Park" recorded in Plat Book 23, Page 195, in the Public Records of Palm Beach County, Florida, Effective date of annexation: January 17,2006 Propelty 6 A PARCEL OF LAND IN SEeTION 4, TOWNSHIP 46 SOUTH, RANGE 43 EAST, PALM BEACH eOUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHEAST CORNER OF LOT 48, "TRADE WINDS ESTATES FIRST ADDITION" ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 22, PAGE 44 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, 915 South Federal Highway Boynton Beach. Florida 33435 Ph: 561-737-3256 Fax: 561-737-3258 Page 2 of5 www.boyntonbeachcl.a.com II~qY!lf8lRA . East Slde"'West Side",Seaslde Renaissance FLORIDA, SAID CORNER BEING ON THE WESTERLY RlGHT- OF-WAY LINE OF THE INTRACOASTAL WATERWAY; THENCE NORTH 05026'06" EAST ON SAID WESTERLY RIGHT- OF-WAY LINE 365.92 FEET TO THE POINT OF BEGINNING; THENCE SOUTH 89018'46" WEST 385.00 FEET; THENCE NORTH 05026'06" EAST 4.08 FEET; THENCE SOUTH 89018'46" WEST 35.00 FEET; THENCE SOUTH 05026'0611 WEST 174.98 FEET; THENCE SOUTH 89018'46" WEST 236.14 FEET TO A POINT OF CURVATURE OF A CIRCULAR CURVE, CONCAVE SOUTHEAST; THENCE SOUTHWESTERLY ON THE ARC OF SAID CURVE, WITH A RADIUS OF 102.47 FEET AND A CENTRAL ANGLE OF 34034'00" AN ARC DISTANCE OF 61.82 FEET TO A POINT OF REVERSE CORV ATURE OF A CIRCULAR CURVE, CONCAVE NORTHWEST; THENCE SOUTHWESTERLY ON THE ARC OF SAID CURVE, WITH A RADIUS OF 82.59 FEET AND A CENTRAL ANGLE OF 34034'00" AN ARC DISTANCE OF 49.83 FEET TO A POINT OF TANGENCY; THENCE SOUTH 89018'46" WEST 94.20 FEET TO THE INTERSECTION WITH THE EASTERLY RIGHT-OF-WAY OF U.S. HIGHWAY NO.1 (STATE ROAD NO.5), SAID INTERSECTION BEING ON THE ARC OF A CIRCULAR CURVE, CONCA VB WEST, THE RADIUS POINT OF WHICH BEARS NORTH 73025'48" WEST; THENCE NORTHERLY ON SAID EASTERLY RlGHT-OF-WAY AND ON THE ARC OF SAID CURVE, WITH A RADIUS OF 11,509.20 FEET AND A CENTRAL ANGLE OF 02023'09" AN ARC DISTANCE OF 479.27 FEET; THENCE NORTH 89014'41" EAST 245.48 FEET; THENCE NORTH 05026'06" EAST 95.70 FEET TO THE INTERSECTION WITH A LINE PARALLEL WITH AND 578.97 FEET SOUTH OF THE NORTH LINE OF SAID SECTION 4; THENCE NORTH 89018'46" EAST ON SAID PARALLEL LINE 274.00 FEET; THENCE SOUTH 06036'55" WEST 40.21 FEET TO THE INTERSECTION WITH A LINE PARALLEL WITH AND 618.85 FEET SOUTH OF THE NORTH LINE OF SAID SECTION 4; THENCE NORTH 89018'46" EAST ON SAID PARALLEL LINE 250.00 FEET TO THE INTERSECTION WITH THE AFOREMENTIONED WESTERLY RIGHT-OF-WAY LINE OF THE INTRACOASTAL WATERWAY; THENCE SOUTH' 05026'06" WEST ON SAID WESTERLY RIGHT-OF-WAY LINE 315.29 FEET TO THE POINT OF BEGINNING. Effective date of annexation: August 3, 2004 915 South Federal Highway Boynton Beach, Florida 33435 Ph: 561-737.3256 Fax:56J-737-3258 Page 3 of5 www.boyntonbeachcl.a.c.om I~NY~T2~RA . East Side-West Side-Seaside Renaissance In SUPPOlt of this request I call your attention to eity of Boynton Beach Ordinance 08- 026 which was recently forwarded to you by the City elerk under cover of her September 8, 2008 letter. The legislative findings of the City Commission as expressed in Whereas clauses on pages 1 and 2 of the Ordinance. Please note in particular, these determinations by the City eommission: 1. That the b01U1daries of the Community Redevelopment Area were amended on November 8, 2000 by City Ordinance 00-59, which described the north and south boundaries of the Community Redevelopment Area to be coterminous with the City's north and south jurisdictional boundaries. 2. That subsequent to the adoption of Ordinance 00-59 annexed enclaves and other property with the intent that those properties were to be treated as within the Community Redevelopment Area. 3. That the enclaves that have been annexed into the City subsequent to the adoption of Ordinance 00-59 shared, at time of annexation, the same characteristics as other properties in the Community Redevelopment Area and that such areas were, at time of annexation, slum areas, blighted areas, or areas in which there was a shortage of housing that is affordable to residents of low or moderate income, including the elderly or were coastal and tourist areas that were deteriorating or economically distressed due to outdated building density patterns, inadequate transportation and parking facilities, faulty lot layout or inadequate street layout, or a combination thereof. I ftuther draw your attention to the following language in the enactment pOltion of the Ordinance: For purposes of establishing the base year from which tax increment increases shall be calculated for the foregoing listed projects, the date of annexation of the property into the jurisdictional boundaries of the City shall control as those properties were already in the boundaries of the Conununity Redevelopment Area as described in Ordinance 00-59. These legislative detenninations and enactments of the City Commission are dispositive and binding with respect to an evaluation of the effective date of the inclusion of the above referenced properties in the eommunity Redeployment Area. In light of these detenninations and enactments we believe that your role as Property Appraiser is ministerial and that you are required to adjust your records to conform to the City Commission's determinations. I am requesting that you acknowledge your concurrence with the foregoing and provide 915 South Federal Highway Boynton Beach, Florida 33435 Ph: 561-737-3256 Fax: 561-737-3258 Page 4 of 5 www.boyntonbeachcra.com 11~~8IRA Ii East Side"'West Side"'Seaside Renaissance your assurance that future tax increment distributions will be calculated based on the effective date of the annexation of the above referenced properties into the City of Boynton Beach as shown above. I would like to report your response to the Community Redevelopment Agency at their next meeting which is October 14th. Therefore, I am respectfully requesting your reply by October 13,2008. Sincerely, ~ \ 0-- a ~o' YLlJ- <;J~rjght Executive Director cc: Jim Cherof, CRA Legal Counsel CRA Board of Directors Kurt Bressner, City Manager 915 South Federal Highway Boynton Beach, Florida 33435 Ph: 561-737-3256 Fax: 561-737-3258 www.boyntonbeachcra.com Page 5 of5 "'''''1}' E!!!!;'A:#III''''__~ - &fP,{....Jf~- SHIPMENT NO. .503579 42515 , ! ~ . j I t' /, ,. / ; GOVEHNMENTAL CENTEH - FIFTH PLOOH. 301 NOInH OLIVE AVENUE WnST P Aut BEACH, PLOHIOA 33401 TEL: (561) 355-3230 FAX: (561) 355-3963 GAHY R. NIKOLITS, CF A P AUt 8EACH COUNTY PnOPERTY ApPRAISER October 21, 2008 Ms. Vivian Brooks, Assistant Director Boynton Beach Community Redeveloprnent Agency 915 S. Federal Highway Boynton Beach, FL 33435 Re: Boynton Beach CRA Dear Ms. Brooks, I am responding to your request that for purposes of determining TIF eligibility, my office use the year of annexation as the base year for the parcels described in City Ordinance 08- 026. The boundaries of the Boynton Beach CRA were established in year 2000 by the adoption of City Ordinance 00-59. Various parcels were subsequently added to the boundaries of the CRA by Ordinance 08-026, adopted by the City Comrnission on August 19, 2008. Because the City did not comply with all of the requirements under Chapter 193, Florida Statutes, necessary to establish their CRA eligibility until August 2008, I am unable to establish a base year for these parcels using the earlier dates of their annexation. These parcels will be identified as part of the Boynton Beach Community Redevelopment Agency for the 2009 tax year. lQ~:' ~ JUh Gary R. Nikolits, CFA Property Appraiser cc: Jeffrey M. Clyman, Esq. WEST COUNTY SERVICE CENTER 2970 STATE lloAo 15 BBI.L1; GLADE, FL 33430 THI.: (561) 996-4890 FAX: (561) 996.1661 NORTH COUNTY SERVICE CENTER 3188 PGA Bl.VD., SU\TI~ 230 I P ALAI BEACH GAlWBNS, Fi- 33410 TEL: (561) 624.6521 FAX: (561) 624-6565 MID.WESTERN COMMUNITIES SERVICE CENTEIt 200 CIVIC CENTBR WAY, SUITB 200 ROYAL PALM BEAClf, FL 33411 TEL: (561) 784. I 220 FAX: (561) 784-1241 SOUTH COUNTY SERVICE CENTER 50 I S. CoNGRBSS A VB. DEl.RAY BBAClf, FL 33445 Ta: (561) 276-1250 PAX: (561) 276.1278 Page 1 of 1 Brooks, Vivian _~..-__..__ _ __.0 ",,'_._"___~._'_'__ _...,___ _.,..___.,". _",__~____'_"_"_"_.~"_ .__.__._._ '--'-'~" "_.'.-_.~-_.. _M___ .--,....-..,.-..--.--........,--.."-.-.-...-..'.--.- . - -"'--'--'-~"'_.'--------'--_._'-'-+----'_.'--"'--~---_.-........"..--.-..--..-.-.---,..,......-,-- . rom: Jim Cherof [JCherof@cityatty.com] Sent: Tuesday, November 11, 2008 11 :37 AM To: jclyman@co.palm-beach.fl.us Cc: Brooks, Vivian; Bright, Lisa Subject: Boynton Beach CRA Boundaries Attachments: South CRA Boundary.pdf In furtherance of our discussion, attached is a graphic depiction of six properties that were within the general boundaries of the CRA at the time they were annexed by the City of Boynton Beach. The numbering relates to the Property numbers listed in Lisa Bright's October 1, 2008 letter to Gary Nikolitis. Please let me know if you need any additional information regarding the CRA's position that the determination and designation of the base year from which tax increment increases are calculated should be calculated from the date of annexation as those properties were already in the boundaries of the CRA per City Ordinance 00-59. Thank you. 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 11/12/2008 '-i'!F'li , I"~ L._., , ;' J" "-'=".k'-"[ f' . .-..... i ,JJ .-----1..,---1 ,'9" "n (f rl ':""'-flt l= }l ?! T , L ~ bsI,I----:~1 l-i' ~i1 r 1..L1 [iJ "i -'~J ~ 11 rl ' III i' ~ 'I L I J~IJ=aj ~ltF-~j I '. I ~,.~,--!.,I , ! I ,\ T~t.~.L! 1'-4' I T HI "~.~~>..>~;' I , rm I l ,~JY ~. I.." · 1~1I[1~ li~, 'I.I,II!'II .,,,,~.. /o.~ \ J-1 l t.~ i . r " -..J./~"A .L ~ j "'" ":l" ,. l{.....".9; I "f ~ N > I' ~~ 1\ ii ,i'l -::: i l ..~."- '.' 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Ir[ ~ , 1'/:'" '.. ~",'_ I J'~;,~~"'t'~~W''"',.:tt~:',{(j:~:;:~~;QIIIJI FY 2008/2009 FY 2009/2010 FY 2010/2011 FY 2011/2012 FY 2012/2013 FY 2013/2014 FY 2014/2015 FY 2015/2016 FY 2016/2017 REVENUE -9.7% -10.0% 0.0% 2.0% 2.0% 2% 2% 2% 2% Projected TIF (Without New Development) $ 8,300,000 $ 7,199,915 $ 7,199,915 $ 7,400,687 $ 7,605,474 $ 7,814,357 $ 8,027,417 $ 8,244,739 $ 8,466,407 Marina Revenues 1,287,500 1,351,875 1,419,469 1,490,442 1,564,964 1,643,213 1,725,373 1,811,642 1,902,224 Miscellaneous Income 365,000 65,000 65,000 65,000 65,000 $ 65,000 $ 65,000 $ 65,000 $ 65,000 New Projects (Includes CRA Southern Boundary Annexations) - 492 764 3270,756 3,381,962 3496,948 $ 3 500 000 $ 3500,000 $ 3500,000 $ 3 500 000 Total Revenue 9,952,500 9,109,554 11,955,140 12,338,091 12,732,387 $ 13,022,569 $ 13,317,790 $ 13,621,381 $ 13,933,631 Other Fundina Sources Encumbered Funds - Marina 2,000,000 - - - - Encumbered Funds. Development Projects 1 ,400,000 - 423,394 - - - - - - Encumbered Bond #2 Proceeds 500 000 - - - - - - - . Total Other Funding Sources 3,900,000 - 423,394 - - - - - - Total Revenues and Funding Sources $ 13,852,500 $ 9,109,554 $ 12,378,534 $ 12,338,091 $ 12,732,387 $ 13,022,569 $ 13,317,790 $ 13,621,381 $ 13,933,631 Less: ODeratina EXDenses and Debt Service Debt Service $ 3,066,581 $ 3,069,026 $ 2,700,407 $ 2,513,013 $ 2,511,651 $ 2,511,840 $ 2,515,010 $ 2,515,690 $ 2,515,863 CRA Fixed Operating Expenses 2,527,000 2,653,350 2,786,018 2,925,318 3,071,584 3,225,164 3,386,422 3,555,743 3,733,530 Marina Operating Expenses 1 287 500 1 351 875 1,419469 1 490 442 1 564 964 1,643,213 1 725 373 1811642 1 902 224 Sub-Total Operating Expenses 6,881,081 7,074,251 6,905,893 6,928,774 7,148,200 7,380,216 7,626,805 7,883,075 8,151,617 FUNDS AVAILABLE FOR PROJECTs/PROGRAMS $ 6,971,419 S 2,035,303 $ 5.472,641 S 5,409,317 S 5,584,187 S 5,642,353 S 5,690.986 S 5,738.306 S 5,782,014 Current Proiects/Pronrams SE FecI, Hwy Comdor Water Main Stormwater & Roadway Improvement Programs (4th SI-) - From Fund Balance $0 $0 $423,394 $0 $0 $0 $0 $0 $0 SE Fed. Hwy Corridor Water Main Stormwater & Roadway Improvement Programs (4th St) - From ODeratin!! Funds $300,000 $150,000 $400,000 $0 $0 $0 $0 $0 $0 ~seofCitvLand in MLK 650 000 0 0 01 01 01 0 0 0 ,~ ,~t :'8'~i' ~ .>: t 3~5.aad1 .t, ~I: "'~;, i~ ,..iJk 0 ,,' ."C. , ji 3 Z. 1 ; ",,, . , Marina Redesign/Construction 2,000,000 0 1 ,975,200 1 ,975,200 0 0 0 0 0 Trollev 734 795 771 535 810111 850 617 893 148 937 805 984 696 1,033,930 1 085 627 Grants - HAP 700 000 500 000 500 000 500 000 500,000 500 000 500 000 500 000 500 000 Police 475,345 551 400 639 624 741,964 860 678 998 387 1 158129 1 343 429 1 558 378 Professional Services 300 000 500 000 500 000 500 000 500 000 500 000 750 000 750 000 750 000 Soecial Events 270 000 283 500 297 675 312559 328187 344 596 361 826 379 917 398913 Grants - RIP 160 000 160 000 160 000 160000 160 000 160 000 160 000 160000 160000 BBB Ext. Maintenance Paid to or on Behalf of Citv 90 000 94 ,500 99 225 104186 109 396 114865 120609 126639 132971 Grants - Commercial Far.ade 75 000 75 000 75 000 75 000 75 000 75 000 75 000 75,000 75 000 Site Work & Demolition 75 000 75 000 75 000 75 000 75 000 75 000 75 000 75 000 75 000 Leaal-Proiect Based 75 000 75 000 75 000 75 000 75 000 75 000 100 000 100,000 100 000 Downtown Master Plan/Citv Hall 0 0 0 0 0 0 0 0 0 211 E. Ocean Construction 0 0 0 0 0 0 0 0 0 Total 6,971,419 4,089,656 6,345,230 8,503,526 5,591,409 4,795,654 4,800,259 17,628,916 4,835,889 ESTIMATED SURPLUS/DEFICIT $ - $ (2,054,353) $ (872,589) $ (3,094,209) $ (7,221) $ 846 700 $ 890 727 $ (11,890,610) S 946125 AsSuffiDtlons (1) Millage Rate (City/County) 10,2341 (2) No additional property tax reform, (3) No Strand reversal, (4) Includes CRA Southern Boundary Annexations Chanaes made bv CRA Board on 9/2/08: MLK Proiect (1) Move $400,000 from SE 4th Street/Utility Project from the $823,394 in FY 2010-2011 to FY 2008-2009 for MLK Project (2) Use surplus of $666,279 from budget to $400,000 above for MLK Project Total applied to Phase 1 req. for infrastructure $ 400,000 ChanQes made bv CRA Board on 10/14/08 Encumber in 2009/2010 another $150,000 for 4th St $ 150,000.00 $ $ 666,279 1. Expenses . AubUl"n'fundlng timeUne changed ,from Au9Y$t meeting 2. Expenses - Board pledged additonal $150,000 for 4th 51. in FY 200912010 3, Market meltdown, new information re 2009 assessed valuations 1,066,279 :",; :,;~::~~':("~~;~~'~lF FY 200812009 FY 200912010 FY 201012011 FY 201112012 FY 201212013 FY 201312014 FY 201412015 FY 201512016 FY 201612017 REVENUE -9.7% -10.0% 0.0% 2.0% 2.0% 2% 2% 2% 2% Projected TIF (Without New Development) $ 8,300,000 $ 7,199,915 $ 7,199,915 $ 7,400,687 $ 7,605,474 $ 7,814,357 $ 8,027,417 $ 8.244,739 $ 8,466,407 Marina Revenues 1,287,500 1,351,875 1,419,469 1,490,442 1,564,964 1.643,213 1,725,373 1,811,642 1,902,224 Miscellaneous Income 365,000 65,000 65,000 65,000 65,000 $ 65,000 $ 65,000 $ 65,000 $ 65,000 New Projects (Excludes CRA Southern Boundary Annexations) - - 1 983 269 2 050 700 2120424 $ 2,200,000 $ 2 200 000 $ 2 200 000 $ 2 200 000 Total Revenue 9,952,500 8,616,790 10,667,653 11,006,829 11,355,862 $ 11,722,569 $ 12,017,790 $ 12,321,381 $ 12,633,631 Other Fundina Sources Encumbered Funds - Marina 2,000,000 - - - - Encumbered Funds - Development Projects 1,400,000 - 423,394 - - - - - - Encumbered Bond #2 Proceeds 500 000 - - - - - - - - Total Other Funding Sources 3 900,000 - 423,394 - - - - - - Total Revenues and Funding Sources $ 13,852,500 $ 8,616,790 $ 11,091,047 $ 11,006,829 $ 11,355,862 $ 11,722,569 $ 12,017,790 $ 12,321,381 $ 12,633,631 Less: Ooeratina Exoenses and Debt Service Debt Service $ 3,066,581 $ 3,069,026 $ 2,700,407 $ 2,513,013 $ 2,511,651 $ 2,511,840 $ 2,515,010 $ 2,515,690 $ 2,515,863 CRA Fixed Operating Expenses 2,527,000 2,653,350 2,786,018 2,925,318 3,071,584 3,225,164 3,386,422 3,555,743 3,733,530 Marina Operating Expenses 1,287,500 1,351,875 1,419469 1 490 442 1 564 964 1 643213 1 725 373 1811642 1 902 224 Sub-Total Operating Expenses 6,881,081 7,074,251 6,905,893 6,928,774 7,148,200 7,380,216 7,626,805 7,883,075 8,151,617 FUNDS AVAILABLE FOR PROJECTSIPROGRAMS $ 6,971,419 $ 1,542,539 $ 4,185,154 $ 4,078,056 $ 4,207,663 $ 4,342.353 $ 4,390,986 $ 4,438,306 $ 4,482,014 urrent Pro'ectsJPrl"Klrams SE Fed, Hwy Corridor Water Main Stormwater & Roadway Improvement Programs (4th St) - From Fund Balance $0 $0 $423,394 $0 $0 $0 $0 $0 $0 SE Fed, Hwy Corridor Water Main Stormwater & Roadway Improvement Programs (4th St) - From Operating Funds $300,000 $150,000 $400,000 $0 $0 $0 $0 $0 $0 I MLK Proiect - Purchase of Citv Land in MLK 650,000 0 0 0 OT 0 0 0 01 oft ,.. ~~~@jrbyAl.lflUrnGI'Gl!P,8$ 1,QflA>2lJ:Il S853'721' 315,0001 31~.ooo,1 2'Ot5000' 1iM5000{1 515l1lllltJ], -~t"'-~~~- n 1 ' Marina Redesian/Construction 2,000,000 0 1,975,200 1,975,200 0 0 0 0 0 Trollev 734 795 771 535 810,111 850 617 893 148 937,805 984 696 1,033 930 1,085627 Grants - HAP 700 000 500 000 500 000 500 000 500,000 500 000 500 000 500 000 500 000 Police 475 345 551 400 639,624 741 964 860 678 998 387 1,158129 1 343 429 1 558 378 Professional Services 300,000 500 000 500 000 500 000 500 000 500,000 750 000 750 000 750 000 Soecial Events 270 000 283 500 297 675 312559 328 187 344 596 361,826 379 917 398913 Grants - RIP 160 000 160 000 160000 160000 160 000 160 000 160000 160000 160 000 BBB Ext Maintenance Paid to or on Behalf of Citv 90 000 94,500 99 225 104 186 109396 114865 120 609 126639 132971 Grants - Commercial Facade 75 000 75 000 75 000 75 000 75 000 75 000 75 000 75 000 75 000 Site Work & Demolition 75 000 75 000 75 000 75 000 75 000 75 000 75 000 75 000 75 000 Leaal-Pro' ect Based 75 000 75,000 75 000 75 000 75,000 75 000 100 000 100 000 100000 Downtown Master Plan/Citv Hall 0 0 0 0 0 0 0 0 0 211 E, Ocean Construction 0 0 0 0 0 0 0 0 0 Total 6,971,419 4,089,656 6,345,230 8,503,526 5,591,409 4,795,654 4,800,259 17,628,916 4,835,889 I ESTIMATED SURPLUSIDEFICIT $ . $ (2,547,117) $ (2,160,076) $ (4,425,471) $ (1,383,746) $ (453,300) $ (409,273) $ (13,190,6101 $ 1353,875) AssumDtions ;.~~",_~__..;;..~.......;;;o;......._~ (1) Millage Rate (City/County) 102341 (2) No addll10nal property tax reform, (3) No Strand reversal, (4) Excludes CRA Southern Boundary Annexations Chanaes made bv CRA Board on 912108: MLK Proiect (1) Move $400,000 from SE 4th Street/Utility Project from the $823,394 in FY 2010-2011 to FY 2008-2009 for MLK Project (2) Use surplus of $666,279 from budget to $400,000 above for MLK Project Total applied to Phase 1 req. for infrastructure $ 400,000 Chanaes made bv CRA Board on 10114108 Encumber in 2009/2010 another $150,000 for 4th St $ 150,000,00 Cbanaes fr<lm 91~Q8~lIet Aoorov,ljp Pr,~nt 1. Revenues excludeCRA50uthem Property Annexations 2. Expenses - Auburnfundin91imeline changed from August meeting 3. Expenses - Board pledged addltonel $150,000 for 4th 51, in FY 200912010 4. Market meltdown, new information re 2009 assessed valuations $ $ 666,279 1,066,279 T:\FINANCEI01 FINANCIAL OPERATIONS\Budget Projection' Working File 10,08,08 Page 1 r J!~~~Y~T2~ eRA Ii East Side-West Side-Seaside Rena"lssance eRA BOARD MEETING OF: December9,2008 I I Consent Agenda I X I Old Business I I New Business Legal I I Other SUBJECT: Consideration of Action on Ocean Breeze Site SUMMARY: At the November 5, 2008 City Commission meeting, the Commission voted to allocate $400,000 of the City's $2.9M Neighborhood Stabilization Funds to the Ocean Breeze west project to develop 32 single-family homes. The funding is contingent upon the developer receiving an equal allocation from the County. According to County Housing and Community Development Department staff, there are no funds remaining in their 08/09 budget that could be allocated to this project. Due to the contingencies set by the Commission on the City NSP funds, the project is not financially feasible under the current Purchase Agreement with American Realty. FISCAL IMP ACT: The project will continue to remain vacant and off the tax rolls and will produce no revenue to the CRA. CRA PLAN, PROGRAM OR PROJECT: Heart of Boynton Plan RECOMMENDATIONS: The Board may wish to consider the following options: 1. Send notice of default to American Realty per the purchase agreement between American Realty and the CRA and land bank the property until property values increase such that the CRA can recoup its investment by selling the property. 2. Terminate the contract with American Realty and sell the property to the highest bidder to raise revenue for the MLK corridor project. 3. Terminate the contract with American Realty and go out for a THIRD RFP on the property. 44Jffi Vivian L. Brooks Assistant Director T:\AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS\Completed Agenda Item Request Forms by Meeting\FY 2008 - 2009 Board Meetings\12-9-2008 Meeting\OB NSP.doc Meeting Minutes Regular City Commission Boynton Beach, FL November 5, 2008 Motion Commissioner Weiland moved to approve Item VI.G. Commissioner Hay seconded the motion. The motion passed unanimously. VII. CODE COMPLIANCE & LEGAL SETILEMENTS: None VIII. PUBLIC HEARING: 7:00 P.M. OR AS SOON THEREAFTER AS THE AGENDA PERMITS The City Commission will conduct these public hearings in its dual capacity as Local Planning Agency and City Commission. None IX. CITY MANAGER'S REPORT: A. Discussion of Neighborhood Stabilization Program (NSP) Options Mr. Bressner advised the City would be eligible for an allocation of $2.9 million from the Federal Housing and Urban Development Department (HUD) for a program called the Neighborhood Stabilization Program as an adjunct to the Community Development Block Grant program. The funding was available because Boynton Beach is an entitlement community. The formula for distribution of funds was based on the foreclosure rate. Four areas for the funding would be suggested and if approved, the grant applications would be submitted, HUD would review the material and a final decision would be made in February, 2009. The funds would be returned to the State if the City did not want to proceed with the program. The four areas for funding are as follows: · Down payment assistance of $400,000 for the Ocean Breeze project to be administered by the Community Redevelopment Agency. Both the Agency and developer must comply with all Federal regulations as sub-grantees · Scattered site acquisition for deteriorated structures in the Heart of Boynton area for an amount of $400,000 · Foreclosed purchase and rehabilitation City wide of $1.8 million. There were 153 known foreclosed properties within the City limits as of last week · 10% allocated for administrative costs; the first and second options would not be as labor intensive as the third option Mayor Taylor questioned if the Commission would have final approval of where the money would be spent. Commissioner Weiland questioned if a property was bought and rehabilitated what would the City's role be in selling the house. Mr. Bressner explained there would be a revenue stream that would come back to the fund for additional purchases. The homes would not be given away; rather bought from a bank, 8 Meeting Minutes Regular City Commission Boynton Beach, FL November 5, 2008 refurbished and then made available to an income eligible family to purchase the home. The proceeds would be available for other activities. Attorney Cherof advised that each purchase and each sale should be ratified by the City Commission. Vice Mayor Rodriguez suggested all of the monies should be spent for foreclosures, the primary purpose for the money. The Community Redevelopment Agency has its own budget and homebuyer program. The funds should not be scattered, but totally used to assist more foreclosures throughout the entire City. Commission Weiland agreed and indicated he understood that American Realty had already received significant assistance from the Community Redevelopment Agency. Commissioner Ross inquired if a majority of home foreclosures would receive assistance. Mr. Bressner indicated a maximum of 18 homes would be helped. Commissioner Ross noted her district has 65 homes in foreclosure. Commissioner Hay cautioned the Neighborhood Stabilization Program funds are spread around and the City has to qualify to receive the funds or the money goes back to the State. Mr. Bressner contended all four areas recommended are eligible and fall within the four corners of the legislature policy decision. Mayor Taylor indicated the $400,000 for the Ocean Breeze project would help a blighted area. If the funds were not provided, the project would not move forward. Commissioner Weiland reiterated the developer had received assistance from the City and was suppose to look to the County and State for further funding. Mr. Bressner understood discussions the CRA staff had with the County was a SO/50 match was needed to leverage $1 million and the City or Community Redevelopment Agency would need to contribute approximately $500,000 more. The Community Redevelopment Agency did not have the monies and was hoping the City could contribute $400,000 from the Neighborhood Stabilization Program and another $100,000 from the CRALS funds received from the traffic mitigation program for low income housing. Vice Mayor Rodriguez pointed out the proposed options utilized more of the monies in District 2 while the highest number of foreclosures are in District 4. The only option he would support would be focusing on foreclosures. Commissioner Ross asked for clarification on how the funds would be distributed. Mayor Taylor indicated the eligible homes would already be foreclosed and in the hands of the banks. Preventive measures were not addressed by the legislature. Mayor Taylor cautioned if the monies were not allocated to the Ocean Breeze project, the entire development would be jeopardized. Vice Mayor ROdriguez pointed out the funding is to assist home purchases and had nothing to do with projects. Commissioner Weiland noted the Ordinance indicated the program was to assist in redevelopment of abandoned and foreclosed properties and provide benefits to individuals and families whose incomes do not exceed 120% of the median income. At least 25% had to be used to purchase foreclosed properties. Vice Mayor Rodriguez advised he would rather put a family in a home that is refurbished then to start a new project and leave those homes behind. Commissioner Hay contended it was a 9 Meeting Minutes Regular City Commission Boynton Beach, FL November 5,2008 real opportunity to move the Ocean Breeze project ahead and cause things to happen in the community. It still made no sense to Vice Mayor Rodriguez to start a new project and leave foreclosed homes abandoned throughout the City. The remaining funds would only assist approximately 20 homes. Mayor Taylor felt it was an opportunity to finally see some progress and get the Ocean Breeze project underway. Commissioner Ross asked the status of all the foreclosed homes in her District if assistance was not provided. Vice Mayor Rodriguez indicated the homes would just sit empty. Mayor Taylor stressed all the remaining funds would go to foreclosed homes. Commissioner Ross suggested if all remaining funds were used for foreclosed homes it would be a good compromise. Mr. Bressner again explained the basis for staff's recommendations of the four options and reiterated the suggestion that another $400,000 be used to purchase homes in the Cherry Hill area. The remaining dollars could be spread throughout the other districts: however, Mr. Bressner took issue with discussing allocations by districts. Vice Mayor Rodriguez asserted his concern was the entire City is suffering and should be recognized and not just the Heart of Boynton Beach. Commissioner Weiland noted in light of past efforts to get Ocean Breeze off the ground, if $400,000 was awarded, the developer would not seek further funding from the County or the State. Mayor Taylor indicated the $400,000 would go towards a match for County funding. Vice Mayor Rodriguez alleged the discussion should have been brought before the Community Redevelopment Agency Board first to inform the Board of the status of the Ocean Breeze project. Mayor Taylor summarized if $400,000 went to the Ocean Breeze project and $300,000 for administrative costs, $1.2 million would remain for foreclosures. Vice Mayor Rodriguez offered the suggestion that the $400/000 be allocated and then no other funds be used within District 2. Commissioner Hay strongly opposed separating the City and funding by districts. Mayor Taylor added each new acquisition would have to be approved individually by the Commission. Keturah Joseph, Boynton Beach CDC Executive Director, asserted the County would require a 50/50 match if any funds were awarded by the County. She also felt the matching funds would be leverage for the State to award funding. She suggested the monies be expended only if the developer seeks further funding from the County and State. If the developer fails to seek additional funding, the monies could revert back to foreclosed homes. There was consensus that $400,000 would be given to the Ocean Breeze project and the remaining funds would be dedicated to foreclosures City-wide. If additional funding sources were not sought by the developer, or the matching funding not received, the $400,000 would revert back to the foreclosed home program. Commissioner Weiland asserted if the properties in Cherry Hill were residences, he did not feel relocation expenses should be claimed. Mr. Bressner agreed that any occupied properties should be avoided. )0 MINUTES OF SPECIAL MEETING OF THE COMMUNITY REDEVELOPMENT AGENCY BOARD MEEnNG HELD ON MONDAY, NOVEMBER 17, 2008, AT 5:00 P.M. IN CITY COMMISSION CHAMBERS, BOYNTON BEACH, FLORIDA PRESENT: Jerry Taylor, Chair Jose Rodriguez, Vice Chair Woodrow L. Hay Marlene Ross Lisa Bright, Executive Director James Cherof, Board Attorney ABSENT: Ron Weiland I. Call to Order - Chair Jerry Taylor Chair Taylor called the meeting to order at 5:01 p.m. II. Pledge to the Flag and Invocation Mr. Hay offered the invocation followed by the Pledge of Allegiance to the Flag. III. Roll Ca II The Recording Secretary called the roll, and a quorum was present. IV. Discussion of the Draft Master Development Agreement Submitted by the Auburn Group, for the Martin Luther King Corridor Project Area Lisa Bright, Executive Director, advised staff sought policy direction on 16 items brought before the Board at the October 14, 2008 meeting. The Board recommendations were noted, and a revised agreement was received from Auburn on October 31, 2008. The City Attorney and CRA Staff reviewed the agreement and determined a special meeting should be held to ensure the agreement reflected the Board's direction. Cito Beguiristain, the Auburn Group, noted Auburn had revised the Master Development Agreement to reflect their understanding of the Board's direction. The only item pending which had not been discussed with CRA staff was the grocery store. In the original agreement, the grocery store was going to be leased by the CRA and subsequently given to the CRA for $1.00 upon the commencement of Phase IV. As 1 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida November 17, 2008 such, Auburn sought direction from the Board, as the grocery store was a key element in terms of the tax credits and moving forward with the project. It was noted each item would be addressed separately. Attorney Cherof suggested working from the outline prepared by Ms. Bright and staff. Item 1, Term of Agreement. Staff had recommended the 20-year period requested by Auburn be reduced to 10 years. Auburn reduced the term to 12 years. Staff had inquired whether the City/CRA should enter into a long-term development agreement based on current market conditions. Chair Taylor had no objection to the 12-year period, as long as items to be addressed at a future date were acceptable. Attorney Cherof advised it would not be necessary to vote on the items, as this was essentially a workshop meeting, and input was sought in order that the document could be finalized. Item 2, Subsidy Amount Requested by Auburn. It was noted the total estimated Tax Increment Financing (l1F) for all four phases would be $1,480,618. Susan Harris, Finance Director, advised the Tax Increment Financing (T1F) would generate approximately $29,600,000 from 2016 through 2036. The break-even point was estimated at 20 years. With regard to a third-party review, Mr. Hay commented he would want to have all the input possible to review the numbers. He requested clarification of the following language contained in the agreement: "Auburn shall determine, in its sole discretion, the exact number of units to be developed and the exact location of the land to be used for Phase 1." Tom Hinners, the Auburn Group, explained the language had been inserted because contiguous land was needed, preferably a rectangle, in a development of this nature. Certain lots within the Heart of Boynton (HOB) were difficult or impossible to acquire. It would have to be determined which rectangle would best serve the development of the community. It had been determined Auburn could only develop 120 units on four acres. Auburn had four acres under contract on the south side of MLK Boulevard, west of the proposed public parking garage. The location would be specified in the agreement. Vice Chair Rodriguez believed Auburn was still attempting to acquire land and could not commit to a particular area until the acquisition process had concluded. He added 2 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida November 17, 2008 safeguards were in place and Auburn would be required to submit plans which could be either approved or rejected by the Board. Chair Taylor requested clarification, as the language in the agreement required 40 units per acre be developed on four acres while also asserting Auburn had sole discretion on the exact number of units to be developed. Mr. Hinners believed 30 units would be developed, rather than 40. Mr. Hay believed a third-party review was warranted for a project of this size. Ms. Ross pointed out a third-party review of the financial verifications was typical. Vice Chair Rodriguez commented he was unaware of the current Board having had a third-party review on a pro forma. Ms. Bright noted the Board historically sought third-party reviews. She pointed out the Treasure Coast Regional Planning Council had been hired to evaluate the Seacrest Village project and PMG Associates had been hired to calculate Tax Increment Financing (TlF). The Tax Increment Financing (TlF) calculations for the Auburn project had been calculated internally, at the Board's direction, by Ms. Brooks and Ms. Harris. Vivian Brooks, Assistant Director, advised she and Ms. Harris used the sales figures shown on the pro forma submitted by Auburn, and were comfortable with the calculations, as long as the sales figures remained in the range set forth. It was noted a consultant had been hired to assist CRA staff in reviewing the pro forma. Vice Chair Rodriguez opined he had confidence in staff's work and a consultant had been hired to assist staff. He believed a third-party review would amount to "overkill." Mr. Hay also had confidence in staff. However, the current members would not always be serving on the Board, and a third-party review was beneficial on a project of this size to ensure nothing had been overlooked. The Board had utilized this procedure in the past, and Mr. Hay would support going forward with the review. This, however, was a decision for the Board, and as such, he would govern himself accordingly. Chair Taylor pointed out it was crucial the figures presented were correct, or the assumptions on the Tax Increment Financing (TIF) would be incorrect in the future. He agreed with Mr. Hay as to the third-party review and inquired as to the timeframe. Ms. Bright indicated it would take approximately 90 to 120 days for the analysis. Vice Mayor Rodriguez commented any third-party vendor would have to make assumptions, as did staff. Mr. Hay believed the Board did not have the expertise to know what would transpire in the future, and he favored hiring someone who specialized in this area. 3 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida November 17,2008 Ms. Harris indicated the value of having a third-party was that specialists would review the amount of the subsidy requested by the CRA to determine whether it was reasonable and accurate based on the project as presented. Vice Mayor Rodriguez did not believe it was necessary for a third party to confirm a review already made by staff and a consultant, and he believed the project should move forward. Mr. Hay did not feel waiting a few more months for the analysis would be detrimental and would likely avoid future problems. Ms. Ross commented on the significance of Mr. Hays' comments in light of the current economic climate. Ms. Harris noted it was believed at the time the final budget was approved, based on the CRA's operating budget and projected revenues for the next few years, funding would be available internally and bonding would not be necessary for the first three phases of the project. A bond would have to be floated for the parking garage if that was an allowable item. Since the approval of the budget, Ms. Harris had again reviewed the budget projection. She removed from the analysis the revenue anticipated from the annexation of the southern properties. The revenue, $500,000, was anticipated for the next fiscal year. The sums of $1.2 and $1.3 million were anticipated in the outgoing years. Staff had attempted to resolve this issue by December 31st as the new tax roll would become effective on January 1st. Vice Chair Rodriguez remarked safeguards had been developed in the agreement that would protect against shortfalls in the Tax Increment Financing (TIF) and would provide the Board an opportunity to review the project. Attorney Cherof noted the agreement contained language providing an opportunity for the CRA and the developer to end its contractual arrangement. Based on the comments made by Ms. Harris, Mr. Hay advised he would back down from his position, as he believed the funds should be acquired by the end of the year. He did not wish to delay the project, but wanted it noted, for the record, he favored a third- party review as a precaution against problems that could occur in the future. Vice Chair Rodriguez supported moving forward with the project. This was a long-term project and certain assumptions would have to be made, as with any long-term capital project. Chair Taylor also wanted the project to move forward. However, he questioned whether sufficient funds were available. The receipt of the annexation monies and other available monies would proVide funding for the first three phases of the project, but there were no guarantees the annexation monies would be received. Ms. Harris noted $1 million had been allocated in the current fiscal year's budget for the MLK project. The sum of $853,000 would come out of the next fiscal year's budget for the $1.9 million required. Changes made since the budget had been approved on 4 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida November 17, 2008 September 2, 2008 evidenced a shift in the financial dynamics for the first three phases of the project. For fiscal year 2009/2010, it was believed the assessed valuations would fall 4.5%, but it appeared it might be closer to 10%. This would not be known for certain until June, or until additional data was received by the City. There had been pledges of $150,000 by the Board for the next fiscal year for the Fourth Street project. A deficit of nearly $2 million was anticipated for fiscal year 2009/2010. If the project were to move forward as currently requested, it would be necessary to cut $2 million for other projects and programs. It was believed the $500,000 originally anticipated from the southern properties would not be received until next year, and it would be necessary to push the timeline forward. Vice Chair Rodriguez pointed out the sum of $1.5 million could be cut from the budget for 2010/2011, by eliminating $640,000 for policing and $300,000 for professional services. In this manner, the Board would be able to focus on slum and blight. Ms. Harris pointed out Tax Increment Financing (TIF) revenues were generally not received until late December. Therefore, monies for a project of this magnitude would not be available until January. Working capital in the fund balance was adequate to date, but might not be in the future, as Tax Increment Financing (TIF) monies had been reduced. Safeguards were needed in order to address timing issues in the current contract relating to payments required by the CRA. Chair Taylor believed if the $1,933,648 deficit were required to be made up in 2009/2010, all other CRA projects and programs would have to be halted. Ms. Harris pointed out the $1.9 million budgeted in 2010/2011 for Marina renovations could be held in abeyance in order to provide additional funding. Chair Taylor believed the Marina project was of great benefit to the downtown area. Ms. Ross noted revenues for 2008/2009 had decreased 9.7% and questioned whether losses anticipated at 4.5% in 2009/2010 would actually be closer to 10%. Ms. Harris replied that although the figures were preliminary, it appeared the losses would be worse than anticipated. If the losses for fiscal year 2009/2010 were indeed 10%, a deficit of $2.5 million was anticipated for next year. Ms. Harris noted this year's budget provided for $1 million and an additional $853,000 was sought for the budget for fiscal year 2009/2010. Ms. Bright advised the sum of $800,000 had been budgeted in addition to the $150,000 pledged by the Board for the expansion of the Fourth Street project. However, the City would only carry the CRA for $400,000 until 2011. As bonding was not currently an option, it was suggested moving forward with the agreement with contingencies built in for revenue, Tax Increment Financing (TIF), number of units and any other concerns. Chair Taylor pointed out if the Board were to 5 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida November 17, 2008 go forward with the agreement, the developer would be forced to invest large sums of money without any assurances the City/CRA would have the funding to continue the project in the future. Mr. Hinners commented while he had already spent a good deal of money, he would expect some kind of certainty or indication of a partnership. Once a partnership had been established, he would be able to request funding from other government bodies, and the CRA's obligation would be reduced. Mr. Hinners had no objection with building in contingencies between phases prior to moving forward. Chair Taylor understood the 163 Agreement would bind the CRA to a financial commitment of 12 years. Attorney Cherof pointed out only the City could enter into such an agreement. The CRA had no authority to do so because it did not control zoning approvals. In terms of an exit strategy, the same contingencies could be incorporated into a document that was not a 163 Agreement. Susan Motley, Attorney, Ruden McClosky, agreed with Attorney Cherof, adding a 163 Agreement allowed an elected body to agree in the future that certain development was approved. It addressed a concept called "Contract Zoning," wherein future approvals could be attacked because the current Board members or current Commission might not be serving at the time the proposed development would actually take place. Once the land use was approved for this development, it was important the agreement be converted for that particular phase into a 163 Agreement in order to commit to development approvals for the future. All of the conditions addressed at this meeting could be incorporated into a 163 Agreement. Attorney Cherof indicated the Board did not have the ability to modify the land use on any property, including the CRA district, and only the City Commission could do so. It was noted the Board members agreed not to seek third-party verification and were comfortable with the eRA working with the consultant on staff. Item #3. Auburn's Request for a 163 Agreement. This item was discussed above. Item 4. Number of Phases. Vice Chair Rodriguez believed it was agreed the City/CRA would not commit funds beyond the first phase and contingencies would be placed in the agreement. Mr. Hay pointed out the agreement provided the CRA was not obligated to advance funds until the previous phase had been substantially completed. Mr. Hinners concurred, adding, there would be no obligation except to the extent funding had been received from another source. This would enable Auburn to move the project along. Mr. Hay requested clarification on the following language appearing in the agreement: "...Auburn shall have no right to any designated advancement from the CRA for the new 6 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida November 17, 2008 phase, until the prior phase is substantially complete." He questioned whether "substantially" referred to a particular percentage. It was suggested the word "substantially" be stricken and in its place, wording such as, "...75% or at the Board's discretion..." so that the Board would not be locked into a percentage. Attorney Cherof indicated language could be inserted with parameters set by the Board." Mr. Hinners pointed out the phases had been established before Auburn was aware it had not been prepared to have a grocery store in place in order to obtain the necessary tax credits. The grocery store was to have been developed in Phase III. It was therefore thought Phase III should be developed first in order to meet the tax credit proximity requirement. Mr. Hay requested clarification as to whether the grocery store was needed in Phase I or Phase III. Attorney Cherof suggested it would be beneficial for staff to explain why the grocery store was such an important component in the project. Ms. Brooks advised the Florida Housing Finance Corporation required a 4,500 square foot grocery store be fully operational at the time application was made for the tax credit. CRA staff had meetings with representatives from a national grocery store chain who had expressed their interest in the site, and indicated they wished to move forward quickly. Ms. Brooks pointed out Auburn proposed under its pro forma a 4,500 square foot store on which the Tax Increment Financing (TIF) was negligible. CRA staff had in mind a shopping center with a 20,000 square foot grocery store and another 20,000 square foot adjacent retail operation. Thus, the Tax Increment Financing (TIF) would be much greater. Language would have to be included in the agreement for this option. Mr. Hinners believed a shopping plaza would usurp a good deal of the land upon which Auburn had intended to build Single-family housing. The acreage needed for the grocery store or shopping center would require 2.5 to 3 acres. The land at the eastern end of MLK at Sea crest had been zoned for commercial use. If single-family homes were to be constructed on the property, an amendment to the land use would be necessary . Mr. Hinners indicated Auburn wished to have the grocery store built in a reasonable period of time. Auburn would manage the project with the assistance of a commercial developer, and Auburn would be accountable for the project. Ms. Brooks pointed out the CRA was responsible for the debt coverage under the agreement. Mr. Hinners did not believe this provision should have appeared in the most recent draft agreement. Item 5. Request for Public Subsidy for Market Rate Development. Attorney Cherof advised that bond counsel, Mark Raymond, recommended at the time the public 7 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida November 17, 2008 purpose had been described, it be tested through a bond validation proceeding. If approved, it would be safe to move forward. If not, this would at least be brought to light prior to being challenged. Attorney Cherof agreed with Mr. Raymond's recommendation. It was noted the $11 million requested was included in the $23 million total CRA contribution for all phases. Chair Taylor inquired as to why the developer would not wish to build the parking garage. Mr. Hinners responded projections indicated public assistance was necessary, and the amount requested was Auburn's estimate as to what was required for the project to be financially feasible. Chair Taylor inquired whether the parking garage would accommodate the people purchasing the units. Mr. Hinners advised public parking would be provided during the day and some of the spots would be reserved for residents at night. Retail offices on Federal Highway would require parking in the garage. Public parking would also be required for the Senior Center. These issues would be resolved with the bond counsel in order to justify a public purpose. Mr. Hay inquired as to the affordability component which required 20% of the units in Phase IV be added to comply with the City's Workforce Housing Ordinance. Mr. Hinners replied the affordability component was determined by the median income and sale prices in existence at the time. Auburn would have to sell at that amount, or lower, to households below a percentage of the median income. Chair Taylor inquired as to Auburn's strategy in the event the bond counsel recommended against payment by the CRA for the garage. Mr. Hinners replied Auburn would scale down the development. Mr. Hay inquired whether there was a possibility Auburn might not be able to acquire the property on the north side of MLK Boulevard. Mr. Hinners replied the garage was currently located on both sides of MLK Boulevard, and in the event Auburn was unable to acquire the property, one side of the garage would be situated on MLK Boulevard and the other on the block to the south. Item 6, Request for Funding for Public Improvements. Mr. Hinners noted Auburn had specified the funding be fixed at $1 million for the streetscape and all landscaping in the circle. Ms. Bright pointed out the minutes of October 14, 2008 reflected the sum of $500,000 was agreed upon for a traffic circle, and the balance would cover the entire area, including the renovation of the exterior of St. Paul's AME Church. It was noted the $1 million was included in the $23 million total CRA contribution. Mr. Hay noted he had no objection to the renovation of St. Paul's AME Church, but questioned how that came about. Mr. Hinners advised that the premise for the renovation was to enhance the appearance of the church, which was located in the area of the planned circle. 8 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida November 17, 2008 Auburn was also working with other churches in the area. A very small portion of the $1 million would be utilized for the renovation. A circle would be installed at the intersection west of the church, as well as at MLK and Seacrest Boulevards. Item 7. Phasing Order. This item was previously discussed. Item 8. Prolect Scope. This item had been clarified at the October 14, 2008 meeting as an error by Mr. Hinners. Mr. Hinners noted the error pertained to the 26.3 versus 27 acres. Auburn desired to move the project south because the property currently utilized for adult entertainment was impossible to acquire. The assessed values for the property and what would be built far exceeded the value of the current establishment. Item 9. Retail. This item was previously addressed. Item 10. Height. Mr. Hay understood that the Board was not considering seven or eight stories between Seacrest and the FEC railroad tracks prior to Auburn entering Phase IV. Phase IV would consist of seven or eight stories. Mr. Hinners concurred. Item 11. Financial Capacity. Mr. Hay felt a periodic check of the final health of Auburn was advisable. Mr. Hinners pointed out a construction lender would not provide a commitment for funds to build the project if Auburn was not financially capable of doing so. The agreement required Auburn provide financial statements to staff unless a construction lender had provided the loan commitment. Staff concurred. Ms. Bright believed 15 days was too short a time within which to review the financial statements and requested 30 days. Mr. Hinners had no objection to the request. Item 12. Liquidated Damages. This item was removed from the agreement. Item 13. Overhead Reimbursement. Ms. Bright noted, in the October 14, 2008 minutes, Mr. Hinners suggested July 1st as the commencement date for the expenses to accrue. Ms. Bright had been working with Mr. Beguiristain to determine a breakdown of the overhead expenses. Mr. Hinners pointed out the costs would only apply to Auburn's staff who specifically worked on the development. Ms. Bright was not aware of the employees or who comprised the project team, nor was she aware of the salaries. While the verifiable expenses were not in question, the issue was nature of the expenses. Mr. Beguiristain's suggestion was to remove the fees for surveys, planners, engineers and architects from the pro forma in order to calculate the costs. Mr. Hinners remarked he could provide a salary schedule. However, in order to protect the privacy of Auburn's employees and their earnings, he would rather provide percentages. He assured this issue could be resolved. 9 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida November 17, 2008 Chair Taylor was not aware of any project undertaken in the City wherein the CRA had been required to reimburse overhead expenses and did not know why this would be considered. Auburn's reimbursement would not be required if the project proceeded. However, if required, the amount would not be excessive, and Auburn would work with staff. Attorney Cherof noted payment would be tied into the contingencies discussed earlier. In the event the City/CRA were to exercise a contingency to exit the contract, the developer believed a fee would be associated therewith. Vice Chair Rodriguez believed the payment of expenses was not tied to a contingency, rather if the City elected to terminate the project, there would be costs associated, and he believed this was understandable. Mr. Hay could not understand being responsible for Auburn's third- party consultants and contractors and if so, limits should be set. Vice Chair Rodriguez pointed out if the City/CRA had a contract in place with contingencies built around various events, and if one of the events came to fruition, actions could be taken by either the City or the developer, and the contractual arrangement should be terminated. In the event another Board was in place next year and the Board elected to cancel the contract without a contingency, Auburn would expect to be compensated. Vice Chair Rodriguez believed it would be the Legal Department's responsibility to determine the consequences if a Board took drastic measures as a result of a non-event or no-cause issue. Attorney Cherof noted the appropriate clause was contained in Paragraph 24.2 of the contract dealing with Phase 1. Mr. Hinners indicated in the event Auburn acquired land for Phase I, the CRA would then acquire the land from Auburn. Attorney Motley believed Attorney Cherof was referring to Paragraph 24.1 which provided if Auburn had been unable to obtain housing credits for the Phase I Senior Apartments by January 15, 2012, the CRA would then have the option to terminate the agreement and require Auburn to convey the land back to the CRA. She believed the intention was to cover a default by the CRA if the CRA found another developer they preferred. Chair Taylor and Vice Chair Rodriguez objected to the CRA being held accountable if Auburn could not obtain the housing credits. Attorney Motley agreed, noting the agreement would be amended to that effect. Vice Chair Rodriguez felt the Board should agree that the only occasion on which there should be any discussion of compensation or costs would be for a non- event or a no-cause termination by a Board. Item 14, Property Acquisition/Pricing. Mr. Hinners pointed out that Auburn's cost for the land did not affect the amount of the CRA's contribution towards the project. If Auburn overpaid for the land, that would be their responsibility. Attorney Cheraf commented the contribution would only increase if the CRA had to buy the land back. If that contingency occurred, there would be an increased cost to the CRA. 10 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida November 17, 2008 Ms. Bright noted the Agreement contained language pertaining to eminent domain. She questioned whether it was Auburn's expectation the eRA or the City would pay for eminent domain parcels. Mr. Hinners believed the use of eminent domain to acquire a parcel for a public purpose would be undertaken by the City or CRA, and these entities would also be responSible for the costs. Auburn had no ability to require the City or CRA to commence eminent domain proceedings. Item 15, Rollover of CRA Funds. Mr. Hinners contended this provision had been in the prior agreement and had not been changed. He noted grants or other funding received by Auburn from sources other than the CRA would reduce the CRA's funding commitment. The funds rolled over would accelerate the program and provide Tax Increment Financing (l1F) revenue to the City and CRA sooner than anticipated. He noted funding obtained in the form of a loan from other sources would accelerate the eRA's tax revenue, but would have to be repaid and would not reduce the CRA's contribution. Mr. Hay pointed out the revised language required that Auburn provide the CRA with copies of all loan and funding commitments, property closing statements and third- party contracts for costs related to the development and construction, and a final accounting of project costs upon completion. It was noted the revised language had been recommended by staff. Mr. Hay requested that language be added requiring the documents be provided upon completion of each phase. Ms. Bright advised new accounting practices would require an accounting after each phase for risk assessment standards. Mr. Hinners had no objection. Ms. Bright requested clarification with regard to language pertaining to a "loan" by the CRA to Auburn of $11,704,000 for construction in Phase IV. Mr. Hinners explained this was a forgivable loan. Mr. Hay inquired whether land use and zoning approvals for Phase IV would be completed by March 15, 2009. Mr. Hinners explained there was no longer any urgency with respect to this provision, as the grocery store issue had not been resolved. The agreement called for another date for completion of the rental development. To the extent the rental development could not be commenced as a result of the grocery store issue, he believed that date should be extended accordingly. With regard to the implementation of the changes discussed, Attorney Motley would prepare the revised Master Development Agreement, incorporating the contingencies and changes discussed. The revised agreement would be brought back to the CRA Board and thereafter to the City Commission for approval. Vice Chair Rodriguez suggested the City's input be available at the time the agreement was brought before the CRA Board, and that any policy issues be brought to the Commission as soon as possible. The City Manager's office was also looking into timing and other issues. Lori 11 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida November 17, 2008 LaVerriere, Assistant City Manager, remarked it was possible policy decisions would be addressed at the December 16, 2008 Commission meeting. Attorney Cherof believed the need for a Senior Center would constitute a policy decision, as the operation of the facility would involve recurring costs to the City. Ms. Bright reminded Auburn that Tax Increment Financing (TIF) revenues would not be received by the CRA until late December or January which could delay payments required by the CRA. Attorney Cherof pointed out the budget projection was significant as budgetary issues would be included in the contingencies. Mr. Hinners noted Auburn was required to have a Senior Center open to the public in order to obtain tax credits. Item 16. Below Market Rate Financing. This item had been addressed earlier. V. Adjournment There being no further business to discuss, the meeting properly adjourned at 6:58 p.m. ~4 0/'- t.rP:. ~. Stephanie D. Kahn Recording Secretary 111908 12 Meeting Minutes Regular City Commission Boynton Beach, FL November 5, 2008 Mark Karageorge, 240A Main Boulevard, commented the Ocean Breeze project would house 32 single families and would address blight in the area. The contribution would also help with County and State funding and ultimately assist 40 to 50 families. The combined efforts would greatly enhance the area and the City in eliminating blight. Brian Miller, Chair of the Community Relations Board, strongly supported the idea that the Sea crest area was a blighted area. He urged the Commission to use the funds to eliminate blight by working as a team. Mayor Taylor agreed with Vice Mayor Rodriguez that the City as a whole needs to be addressed and the entire City needed to be included to balance the allocation of funds. The best buys also need to be considered. Mr. Bressner reminded the Commission there needed to be funding for administrative costs included in the allocation. Mr. Bressner recapped that $400,000 would go to the Ocean Breeze Project contingent upon receipt of matching funds from the County within six months, $2,273,311 to foreclosures and $290,000 for administrative costs. Staff would come back to the Commission with targeted areas and properties for final approval. .. Motion X. FUTURE AGENDA ITEMS: A. S.E. 4th Street Corridor Improvement Project - Review and discussion of project scope and budget - November 18, 2008 B. Report on Tow Contractor Meeting - November 18, 2008 C. Provide City Staff with policy gUidance regarding the degree and breadth of "green" elements to be designed into the new Police Facility located at the intersection of High Ridge Road and Gateway Boulevard - November 18, 2008 D. NauticafMeadowsfQuantum Parks - November 18, 2008 E. Solid Waste and Bulk Trash Pick-up Program - December 2, 2008 F. Review of NE lth Avenue Canal - (Tabled on September 18, 2008 to December 2, 2008) G. Report on available mechanisms to save the Old High School - December 2, 2008 II ~~~~Y~T2~ eRA Ii East Side-West Side-Seaside Renaissance Police officers of the Program shall collect and analyze data on crimes within the CRA and provide the Agency with reports showing year-to-date crime figures. Officers shall undertake actions that will be designed to reduce the numbers and types of crime occurring in the CRA district. Officers in the Program shall interact with business owners, property owners and residents of the CRA to determine their public safety concerns. Officers shall have a presence at CRA events and shall attend community meetings to inform residents of the Program. Officers shall monitor the CRA 's trolley for any issues. Officers shall wear the CRA Program uniform when on duty. Particular attention shall be paid to quality of life crimes that directly affect the desirability of living or doing business within the CRA district. The CRA shall fund the Program with TIF funds to the extent that is currently acceptable practice according to the Florida Auditor General and the recommendation of the CRA 's independent auditor. 2. The 5 Year Action Plan (Tab 7) shall be edited in the eommunity Policing line item as follows: . Under the column titled "Phase", Phase 3 shall be changed to the number "I". . Under the column title "Project Description" delete "As the area develops". 3. The 5 Year Action Plan shall be edited in the Section titled "Transportation". The new title shall be "Transportation and Infrastructure". A new row shall be added to this section. The "Phase" column shall contain the number "1". The "Project Name" shall be "Infrastructure Upgrades". The "Project Description" shall read; "Undertake infrastructure upgrades as necessary to accommodate higher density development as proposed by the Federal Highway Corridor Plan and the Downtown Master Plan. Infrastructure shall include water and sewer lines, drainage, electrical and data systems, roadways, transit stops and sidewalks. " FISCAL IMP ACT: The recommended edits and the ultimate adoption of the Downtown Master Plan by ordinance by the eity eommission will ensure that the agency is in compliance with generally accepted fmancial practices for eRA's. CRA PLAN, PROGRAM OR PROJECT: Downtown Master Plan T:\AGENDAS. CONSENT AGENDAS, MONTHLY REPORTS\Completed Agenda Item Request Forms by Meeting\FY 2008 - 2009 Board Meetings\12-9-2008 Meeting\Amendment to the CRA and DMP.doc eRA BOARD MEETING OF: December 9.2008 r I Consent Agenda I X I Old Business New Business _._--_.._,._-~-- ! I Legal Other SUBJECT: eonsideration of Resolution 08-07 Amending the Community Redevelopment Plan to Include eommunity Policing Innovation Program and Infrastructure Improvements SUMMARY: The eRA entered into an Interlocal Agreement (ILA) (R07-151) with the eity on December 18, 2007 for "Supplemental Police Services" (Tah I). However, at the time the Agency entered into the ILA. no eRA plan included policing as an activity to be funded with eRA trust funds. During the 2007-2008 auditing process, it was recommended that the eRA amend the plan for any other planned expenditures that are currently not within any adopted eRA plan. The CRA has also entered into an !LA (R06- 040) with the eity for infrastructure improvements on SE 4th Street (Tah 21. On November 18, 2008 the ILA ",as amended (Tab 3) to increase the eRA's financial participation in the project and reduce the public amenities included in the original Agreement. The eRA Plan adopted in 1984 states on page A-8 with regard to water, sewer and drainage improvements; "However, Boynton Beach has developed a well thought out infrastructure plan which is in place and. therefore, will relive the CRA from concentrating its funding to upgrade the system. The analysis concludes that the proposed redevelopment project will neither strain existingfacilities nor incur costZv improvements. " (Tall 41 Based on findings and recommendations of the Agency's independent auditor (Tab 5) staffis recommending that the eRA Plan be amended to adopt the Downtown Master Plan with edits to the Plan to address eRA trust funds being used for police and infrastructure expenses. The Downtown Master Plan was never formally adopted by Ordinance by the eity per State statute. It was only conceptually approved and therefore can be edited before the Plan's formal adoption. Recommended edits to the Downtown Master Plan: I. Page 42, eommunity Policing (Tab 6): ehange Heading to "Community Policing Innovation Program" New text to replace existing text: The CRA 's Community Policing Innovation Program shall endeavor to reduce crime by reducing opportunities for, and increasing the perceived risk of engaging, in, criminal activity through visible presence of police in the community, including, but not limited to, community mobilization, neighborhood block watch, citizen contact patrol, foot patrol, field interrogation, or intens{fied motorized patrol. T:\AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS\Completed Agenda Item Request Forms by Meeting\FY 2008 - 2009 Board Meetings\12-9-2008 Meeting\Amendment to the CRA and DMP,doc (' ~~~~Y~Te~,CRA Ii East Side-West Side-Seas.,de Renaissance RECOMMENDATIONS: Approve the edits to the Downtown Master Plan and recommend approval of the Downtown Master Plan to the eity eommission via a resolution at the February 10, 2009 CRA Board meeting. ~-t/~hlt- Vivi . Brooks ' Assistant Director T:\AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS\Completed Agenda Item Request Forms by Meeting\FY 2008 - 2009 Board Meetings\12-9-2008 Meeting\Amendment to the CRA and DMP.doc 1 2 RESOLUTION NO. R07- (5" I 3 4 5 A RESOLUTION OF THE CITY COMMISSION OF 6 BOYNTON BEACH, FLORIDA, APPROVING THE 7 AGREEMENT BETWEEN THE CITY OF BOYNTON 8 BEACH AND THE BOYNTON BEACH 9 COMMUNITY REDEVELOPMENT AGENCY FOR 10 SUPPLEMENTAL POLICE SERVICES; AND 11 PROVIDING AN EFFECTIVE DATE. 12 13 14 WHEREAS, the CRA desires to contract with the City of Boynton Beach for 15 additional police services within the Community Redevelopment area; and 16 WHEREAS, Boynton Beach Community Redevelopment Agency will provide 17 the funding for the personnel and equipment needed for the additional police services to 18 the downtown and marina districts along with the Heart of Boynton area; and 19 WHEREAS, the City Commission of the City of Boynton Beach, upon 20 recommendation of staff, deems it to be in the best interests of the residents and citizens 21 of the City of Boynton Beach to approve the Agreement between the City of Boynton 22 Beach and Boynton Beach Community Redevelopment Agency. 23 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION 24 OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 25 Section 1. Each Whereas clause set forth above is true and correct and 26 incorporated herein by this reference. 27 Section 2. The City Commission of the City of Boynton Beach, Florida does 28 hereby approve the Agreement between the City of Boynton Beach and the Boynton 29 Beach Community Redevelopment Agency, a copy of said Agreement is attached hereto as Exhibit "A". 2 Section 3. That this Resolution shall become effective immediately Up01! 3 passage. 4 PASSED AND ADOPTED this ~ day of December, 2007. 5 I 6 7 I 8 I 9 I 10 ! 11 ' I 12 II 13 14 15 16 II 17 II 18 II 19 20 21 22 ATTEST: CI~~_ OF ~ BE . CH, FLORIDA .-' Y:2 .. -/ ->-'--~ Vice -,fu~~ //' ~.JR =::::: Commi~sioner - Ronald Weilar"tl ~~/, Commissioner - .W oodrow L. _ ay -)/'/YJ / .&; /4,4 _ ~~'~?_/ Commissioner -- Marlene Ross 23 241'~ V1A (). '.L 25 . . uL {II. r~ 26 I J t M. Prainito, CMC 27 I ty Clerk I 28 29 30 Services Agreement with eRA (2007),doc 31 32 33 'R 07 - 15'1 AGREEMENT FOR THE PROVISION OF SUPPLEMENTAL POLICE SERVICES Heart of Boynton District and Central Business District THIS AGREEMENT, made and entered into this A day of De(,C?1\i\beL, 2007, by and between the BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY (hereinafter "CRA") and the CITY OF BOYNTON BEACH, Florida (hereinafter "City") is for the provision of specific police services associated with the special conditions within the Community Redevelopment Area. WHEREAS, the CRA desires to contract with the City for additional police/law enforcement services within the areas of the City known as the Heart of Boynton District and the Central Business District for the safety and protection of the residents of and visitors to these areas of the City of Boynton Beach; and WHEREAS, the City, by and through its Police Department, desires to assist in the effort by providing supplemental police services within the Heart of Boynton and Central Business Districts in the Community Redevelopment Area. NOW THEREFORE, in consideration of the mutual promises and covenants contained herein, and other good and valuable consideration, the receipt and adequacy of which are acknowledged, the CRA and the City agree as follows: 1.0 Recitals. The foregoing recitals are true and correct and are hereby incorporated into this Agreement. 2.0 Services provided by the City. 2.1 The City agrees to provide supplemental police services within the areas of the City of Boynton Beach known as the Heart of Boynton District and the Central Business District. 2.2 The City agrees the services to be provided by assigned personnel under the Contract are supplemental and in addition to baseline police services. 2.3 The duties and extent of services of the assigned personnel shall include, but shall not be limited to: (a) The City, by and through its police department, will provide a minimum of five (5) sworn officers (one police sergeant and four police officers), as assigned by the Chief of Police, with three (3) marked cars and three (3) patrol bikes to perform directed patrols to enforce all state and local laws with the Districts. Page 1 (b) Sworn Officers shall at all times remain subject to the police depaJ1ment's chain of command and under police department rules, regulations, and standard operating procedures. (c) All officers and equipment will be outfitted with the logo of the CR./!" tel visually identify the enforcement teams as CRA dedicated police units- Uniforms, logos and other identifying materials, equipment, or features shall b~ subject to the final approval of the Chief of Police of City. (d) While the CRA Special Units are within the CRA boundaries perfonning under the terms of this Agreement, said units shall be separate from general rotation and non-emergency calls in other parts of the City. (f) The City will provide the CRA units with crime analysis and intelligence information consistent with that provided to other patrol units within the police department. This information along with requests for supplemental patrol in a particular area or for a special event received from the Executive Director of the CRA or her designee will be used to detern1ine the geographic and temporal deployment of the eRA units. (g) It is further agreed that, to the extent necessary, the assigned persOlmel will appear as witness in civil dispositions, or other civil or court proceedings where the issue includes criminal or quasi-criminal conduct within the Districts. (h) The CRA unit supervisor will submit a weekly activity report to the Chiet of Police and to the Executive Director of the CRA. The report will indicate the areas and times of deployment during the week, any special events in which the unit participated, and any significant incidents which should be brought to tIle attention of the police department and the CRA. The form and content of the report can be altered as needed to meet the needs of the City or the eRA. (i) The City agrees it will provide the assigned persOlmel with such basic equipment, at CRA's cost and expense, as may be necessary and reasonable in order to allow the police officers to carry out the duties anticipated under this Agreement. U) The police department of the City will, at all times, provide supervision. control and direction of work activities and assignments of police perSOl1l1el. including disciplinary actions. It is expressly understood the police department shall be responsible for the compensation of the officers and all employee benefits, as well as any injury to officer, their property, or the City's property while on the CRA's property and acting within the course and scope of their employment. The day to day operations of the unit will be under the supervision of the assigned sergeant. The assigned sergeant will report to the command officer so designated by the chief of police. Page 2 3.0 Services provided by the CRA. 3.1 The CRA will provide the following in-kind accommodations, servIces, and equipment: (a) Accommodations. The CRA may provide office and storage space for the police unit if such space is available. In the event office or storage space is provided the CRA will be responsible for all utilities and expenses associated with the space. (b) Equipment. Any specialized police equipment including but not limited to weapons, uniforms, bicycles and vehicles purchased by the CRA pursuant to this agreement will become the property of the City upon termination of this agreement. (c) Modification/Damage. The CRA will make reasonable modifications to the Equipment provided in order to meet the City's operational needs. Any damages to the unit or equipment which are in excess of normal wear for the particular item or Equipment, and which damage is caused by the City or its employees shall be repaired or replaced by the City. (e) Equipment Budget. Stm1ing in 2008, on an annual basis the parties, through the Chief of Police or his designee and the CRA Executive Director, agree to discuss a proposed Equipment budget for the upcoming budget year. This Equipment budget shall include new Equipment, replacement Equipment, maintenance costs for Equipment, and operation costs for Equipment (including gasoline). The projected Equipment costs, including maintenance and operation may be reflected in a mutually agreed upon extension to this Agreement. The parties acknowledge and understand that throughout the term of this Agreement and any extension thereof, Equipment may be in need of replacement. In addition to the projected Equipment costs for the Equipment set forth in Exhibit "B", subject to the prior approval of the CRA Executive Director, City may purchase up to $20,000 in necessary new or replacement Equipment. 4.0 Enforcement of Rules and Regulations. The authorization of the City's police officers to enforce the laws of the United States, the State of Florida, Palm Beach County, and the City of Boynton Beach are unaffected by the tenns of this Agreement. Nothing contained herein shall be construed as permitting or authorizing City police officers to use any method or to act in any manner in violation oflaw or of their sworn obligation as police officers. 5.0 Communications. The City agrees that the CRA will have access to all public information not exempt from disclosure under Chapter 119, Florida Statutes, which in any way deals with criminal activity in any of the CRA's communities covered by this Agreement. It is further agreed that, upon request and at the statutory rate, the City police department will provide to the eRA copies of such incident reports, arrest reports, or other public documents which document or substantiate actual or potential criminal activity in or connected with the Districts.s Page 3 6.0 Plan of Operation. The Plan of Operation for supplemental police service- within the District shall be as set forth in the Index Codes for the City Police Department which are incorporated herein and in the document entitled, "Plan of Operations for CRA, Special District Officers", is attached hereto and incorporated herein as Exhibit 'I C'. If. during the term of the Agreement, either party desires to amend the scope of the Plan of Operation. either part\ may request, for consideration by the other party, an amendment in writing. 7.0 Term of Contract. The term of this Contract shall begin on ,2007 and end September 30,2008, subject to arumal renewal upon the mutual agreement of the parties The parties understand that on an annual basis the contract amount under this Agreement may vary based on the negotiation and agreement of the costs to the City to provide services under this Agreement and the costs of new and replacement Equipment. 8.0 Compensation to the City. For services provided, eRA shall compensate the City as follows: 8.1 CRA shall pay City on a monthly basis for services provided at the rate equal to the costs to the City for one (1) police sergeant and four (4) police officers which at the time 0 f this original agreement was drafted is approximately $388,794.00. The City will provide the CRA with an invoice indicating the monthly compensation, benefits and expenses paid to the officers and sergeant assigned to the CRA police unit. Compensation, benefits and expenses include all expenditures on the part of the city associated with employing the member. 8.2 Any overtime incurred by an officer or sergeant assigned to the CRA unit will be paid by the CRA. The City will provide the CRA with a report of overtime hours on a monthly basis along with an invoice requesting payment. Any invoices provided to the CRA will be paid by the CRA within 15 days of receipt thereof. 8.3 Upon signing this agreement the CRA agrees to pay to the City the sum ell $45,455.00 for the purchase of police equipment for the eRA assigned officers and sergeant. 8.4 $130,830.00 sergeant. Upon signing this agreement the CRA agrees to pay to the City the sum of for the purchase of vehicles to be utilized by the CRA assigned officers and 8.5 Upon signing this agreement the CRA agree to pay to the City the sum u1 $8,784.00 for the purchase of patrol bicycles to be utilized by the CRA assigned officers and sergeant. 8.6 On a monthly basis throughout the term of this Agreement, City shall provide CRA with an invoice indicating any equipment reimbursement costs incurred by the City in accordance with this Agreement. CRA shall pay each invoice and any balance due City within fifteen days of receipt thereof. 9.0 Termination. Page 4 9.1 The CRA may terminate this Agreement upon ninety (90) days written notice to the City. Such notice shall be delivered by Certified Mail, Return Receipt Requested, to the address specified in section 10.0 9.2 The City may terminate this Agreement upon ninety (90) days written notice to the CRA. Such notice shall be delivered Certified Mail, Return Receipt Requested to the address specified in section 10.0. 10.0 Notices. Any notices required pursuant to the terms of this Agreement shall be sent by Certified Mail, Return Receipt Requested, to the principal place of business of each of the parties hereto, as specified below: eRA: CRA Executive Director Boynton Beach Community Redevelopment Agency 915 S. Federal Highway Boynton Beach, Florida 33435 CITY: City Manager City of Boynton Beach 100 East Boynton Beach Boulevard Boynton Beach, Florida 33435 And to: Police Chief City of Boynton Beach Police Department 100 East Boynton Beach Boulevard Boynton Beach, Florida 33435 11.0 Construction of Laws. The Agreement shall consist of this Agreement and any subsequent written addenda agreed upon by both parties. 12.0 Severability. If any provision of this Agreement or application thereof to any person or situation shall to any extent, be held invalid or unenforceable, the remainder of this Agreement, and the application of such provisions to persons or situations other than those as to which it shall have been held invalid or unenforceable shall not be affected thereby, and shall continue in full force and effect, and be enforced to the fullest extent permitted by law. 13.0 Modification of Agreement. This Agreement may be modified upon mutual consent of the parties only in writing, and executed by the City Manager of City and the CRA Executive Director. 14.0 Binding Authority. Each person signing this Agreement on behalf of either party individually warrants that he or she has full legal power to execute this Agreement on behalf of the party for whom he or she is signing, and to bind and obligate such party with respect to all provisions contained in this Agreement. Page 5 15.0 Governing Law. This Agreement shall be govemed by the laws l)f the State l'l Florida, with venue lying in Palm Beach County, Florida, IN WITNESS OF THE FOREGOING, the pmiies have set their hands and seals the day and year first written above, Signed and Seal and Witnessed in the presence of: /1 / ~',.e, --0 ' ( .,' ~,..d~/X-./~' ~~, ~_ '70 . / Itn~~s ' :/ ' /' /"\ I,' ~ ",,,,' UI A'<:>1-f?--"Ji-',> - __"'; .-//':'-' . ' (/ WItness CITY OF BOYNTON BEACH, FL ) ,'J r/ . (/ fwtr(I!U/~ City Manager ATTEST:';'" 9-i'pqved as JO Form .(~~ 1r5s?r'C(ty ttorn;y--"-- ~-~- " j /\lc/" ",I .~. JiitfJV.-- /i~hair 0 the C " I ' V ~. W4ness ^ ~1l../-q ;':J r /",,~J.. V './c', u,; I ~I ,--,c.r I, Page 6 TO: FROM: DATE: RE: CITY CLERK'S OFFICE MEMORANDUM Matt Immler Police Chief Janet Prainito City Clerk December 28, 2007 R07-07-151 - Supplemental Police Services - Heart of Boynton and Central Business District Attached for your information and files is a fully executed copy of the above-mentioned contract. I have retained the original in the City Clerk's Office for Central File. Please contact me if there are any questions. Thank you. ~ 1YJ. p~ Attachment S:\CC\WP\AFTER COMMISSION\Departmental Transmittals\2007\Matt Immler - Police Chief - R07-151 - Supplemental Police Services - CRA,doc I 2 3 4 5 6 7 8 9 10 11 12 13 14 15 RESOLUTION NO. R06- ~'-IO A RESOLUTION OF THE CITY COMMISSION OF BOYNTON BEACH, FLORIDA, APPROVING THE AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND THE BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY TO PROVIDE FOR THE INSTALLATION OF PUBLIC IMPROVEMENTS ON SOUTHEAST 4TH STREET; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City and CRA desire to install public improvements, including but 16 not limited to on-street parking, sidewalks, stormwater drainage, streetlights, water and 17 landscaping within the right of way for Southeast 4th Street from Southeast 12th which 18 improvements are located with the boundaries of the CRA; and 19 WHEREAS, the City and the CRA have negotiated and desire to enter into an 20 Interlocal Agreement to share in the cost of design, installation and construction of the 21 improvements; and 22 WHEREAS, the City Commission of the City of Boynton Beach, upon 23 recommendation of staff, deems it to be in the best interests of the residents and citizens of the 24 City of Boynton Beach to approve the Agreement between the City of Boynton Beach and 25 Boynton Beach Community Redevelopment Agency to provide for the installation of public 26 improvements on Southeast 4th Street 27 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 28 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 29 Section 1. Each Whereas clause set forth above IS true and correct and 30 incorporated herein by this reference. S:\CA\RESO\Agreements\Interlocals\lLA with CRA SE 4TH STREET.doc Section 2, 21 The City Commission of the City of Boynton Beach, F10nda does hereby approve the Interloca1 Agreement between the City of Boynton Beach and the Boynton 3 Beach Community Redevelopment Agency to provide for the installation of public 4 improvements on Southeast 4th Street, a copy of said Agreement is attached hereto as Exhibit 5 fo'A". 6 Section 3. That this Resolution shall become effective immediately upon passage. 7 PASSED AND ADOPTED this 7..)h day of February, 2006. 8 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 ATT,EST: _ ~'!/. . . ~~;;' ..//-Itt( it.! City Clerk (Corporate Seal) CITY OF BOYNTON BEACH, FLORIDA i ~~ ;;1 ~r 7 -----; ommissionl1 r;2,8~r Ut .~ ). CO~iSS,ioner/ , fi~ (, y-<-~- Commissioner' ,"/ - /~,~.~ >r' S:\CA\RESO\Agreements\lnterlocals\ILA with eRA SE 4TH STREET,doc INTERLOCAL AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND THE CITY OF BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY TO PROVIDE FOR THE INSTALLATION OF A PUBLIC IMPROVEMENTS ON SOUTHEAST 4TH STREET UtJt' THIS AGREEMENT, made and entered into on the 7 YI) JOO'S by and between: day of R dL-'<.tllt1 CITY OF BOYNTON BEACH, FLORlDA a Florida municipal corporation 1 00 E. Boynton Beach Boulevard Boynton Beach, Florida 33425 (hereinafter referred to as "CITY") AND eITY OF BOYNTON BEACH eOMMUNITY REDEVELOPMENT AGENCY, a Public Agency of the State of Florida 639 E. Ocean Avenue, Suite 107 Boynton Beach, Florida 33435 (hereinafter referred to as "CRA") WIT N E SSE T H: WHEREAS, CITY AND CRA (the "Parties") desire to install public improvementst including, but not limited to on-street parking, sidewalks, stonnwater drainage, streetlights, water, and landscaping within the right of way for Southeast 4th Street from Southeast 12th A venue to Southeast 2nd A venue (the "Improvements"), which public improvements are located within the boundaries of the CRA; and WHEREAS, the Parties have negotiated and desire to enter into an Interlocal Agreement ("Agreement") for the Parties to share in the cost of design, installation, and construction of the Improvements (the "Project"); and WHEREAS, the Improvements are to be designed, installed and constructed pursuant to Amendment No. 1 to Task Order No. U04-16-02 with PBS&J ("Amendment I") which is attached hereto as Exhibit A; and WHEREAS, CITY and CRA have determined that it is mutually beneficial and in the best interests of the citizens and residents of both cities to enter into this Agreement; and WHEREAS, Part I of Chapter 163, Florida Statutes, as amended (the "lnterlocal Cooperation Act"), permits the Governmental Units, as public agencies under the Interlocal Page I of9 DNT:dnt C:\Documents and Settings\brooksy\Viyian_shares\SE4th Street\CRA lnterlocal (SE4th Street) (IO-05),doc Cooperation Act, to enter into interlocal agreements with each other to authorize one governmental party to exercise, on behalf of the other governmental unit, jointly held powers, privileges \.II authorities which each such Governmental Unit shares in common and which each might exercise separately, permitting the Governmental Units to make the most efficient use of their power 11, enabling them to cooperate on a basis of mutual advantage and thereby provide services and facilities in a manner and pursuant to forms of governmental organization that accords best with geography, economy, population and other factors influencing the needs and development of such Governmental Units; and WHEREAS, this Interloca1 Agreement will become effective upon filing with the Clerk of the Court in the Fifteenth Judicial Circuit in accordance with the provisions of the Interlocal Cooperation Act; and WHEREAS, CITY hereby represents to CRA that it has the authority, pursuant to the Interlocal Cooperation Act, to execute any and all documents necessary to effectuate and to implement the terms of this Agreement; and WHEREAS, CRA hereby represents to CITY that it has the authority, pursuant to the Interlocal Cooperation Act, to execute any and all documents necessary to effectuate and to implement the terms of this Agreement; and NOW, THEREFORE, FOR AND IN CONSIDERATION of the mutual covenants and agreements hereinafter set forth, the Parties hereto agree as follows: Section 1. RECITALS 1.0 I The above recitals are true and correct and are incorporated herein. Section 2. TERM OF AGREEMENT 2.01 This Agreement shall be effective upon the approval of both parties and shall terminate at the conclusion of the Project. This Agreement may be terminated pursuant to Section 9 of this Agreement. 2.02 At the conclusion of the Project, the Parties acknowledge and agree that the CITY shall own, and be responsible for the maintenance and liability associated with the Improvements. Section 3. COMPENSATION 3.01 The Parties agree that the cost for the Project shall be shared by the Parties in accordance with the terms of this Agreement. The cost of the Project includes all architectural, engineering, construction, and consulting fees associated with the planning, construction, and completion of the Project. The estimated costs, and cost sharing for the engineering and construction of the Project shall be as follows: Page 2 of9 DNT:dnt C:\Documents and Settings\brooksv\ Vivian _shares\SE4th Street\CRA I nterJocal (SE4th Street) (10-05) doc Table 1: Revised Engineering Cost Sharing for Amendment 1: Task Survey Geotechnical Design Permitting Construction Services Electrical Subconsultant Expenses Total Contingency Total with Contingency Citv Share $ 0 o 2,565 137,323 5.865 $145,753 7.288 $153,041 CRA Share $ 3,000 3,000 103,955 2,565 34,331 60,534 1.466 $208,851 10.443 $219,294 I!!!!! $ 3,000 3,000 103,955 5,130 171,654 60,534 7.331 $354,604 17.731 $372,335 Table 2: Revised Estimated Constrnction Cost Sharing for Amendment 1: Item Roadway & Surface Imprve. Stormwater & Irrigation Water Power Poles FP&L Costs Lighting Total Contingency Total with Contingency Citv Share $ 397,000 336,000 210,000 o o o 943,500 94.350 $1,037,850 CRA Share $ 250,000 500,000 5,000 200,000 TBD 536.000 1,491,000 149.100 $1,640,100 I!!!!! $ 647,500 836,000 215,000 200,000 TBD 536.000 2,434,500 243.450 $2,677 ;950 The Parties agree to work in a cooperative manner to finalize the actual costs of engineering and construction, and shall execute a written amendment to this Agreement to provide for an updated cost sharing arrangement for the engineering and construction costs, if necessary. 3.02 Upon completion of portions of the Project, CRA shall pay CITY the CRA's share of the costs of engineering and construction. Payments shall be made according to a schedule of payments set forth in the contract(s) entered into by the CITY and upon written certification with supporting documentation by the CITY, that the task or tasks required of the consultant(s) and contractor(s), as appropriate, for the requested progress payments have been successfully completed. Payments shall be made by the CRA no later than fourteen (14) days after receipt of an invoice and the supporting documentation from the CITY. Said payments will be made payable to the City of Boynton Beach and mailed to Page 3 of9 DNT:dnt S:\CA \CRA \CRA Interlocal (SE4tb Street) (1 0-05).doc Attn: Finance Department, City of Boynton Beach, 100 E. Boynton Beach Boulevard, Boynton Beach, Florida 33425, In the even1 of any dispute between the CITY and consu1tant(s) or contractor(s) over the right to receive all or any payments under the contract(s), the CRA shall comply with the direction of the CITY and shall tit' indemnified by the CITY as set forth in Section 6 below, Section 4. DUTIES AND RESPONSIBILITIES OF CITY 4.01 CITY shall be responsible for preparing contract documents, advertising for bids for the Project, selecting the contractor to construct the Project, supervising the Project, and insuring completion of the Project in accordance with the description of the Project as contained in Exhibit "B" which is attached hereto and incorporated herein by reference, The CITY shall provide the CRA with copies of all executed contracts in connection with the Project and shall keep the CRA regularly informed as to its progress, 4.02 CITY will make available appropriate staff to work with CRA staff in the planning and construction of the Project. It is further understood and agreed that, nothwithstanding the CRA's participation in the planning of the Project and providing assistance in overseeing the construction of the Project, the CITY retains all responsibility for compliance with the terms and provisions of the various design and construction contracts as the Project moves forward and for enforcement of the various contracts' terms as against the consultant(s) and contractor(s), 4.03 CITY will make all payments it is responsible for making in connection with the Project in a timely manner and will hold CRA harmless and will defend CRA against any claims by any consultant(s) or contractor(s) that CITY has improperly failed to make required payments under any Project contract(s), except insofar as any failure to make timely payment is due to CRA's failure to comply with its payment obligations pursuant to this Agreement. Section 5. DUTIES AND RESPONSIBILITIES OF eRA 5.01 CRA will make available appropriate staff to work with CITY staff in the planning and construction of the Project. 5.02 When requested, CRA shall provide CITY with documentation in its possession, including, but not limited to maps, surveys, and photographs in order to assist with the design and construction of the Project. Nothing contained herein shall require CRA to create docwnentation it does not presently possess unless agreed to by the parties in writing and included as an addendum to this Agreement. 5.03 CRA will make all payments it is responsible for making in connection with the Project and as set forth herein in a timely manner and will hold CITY harmless and will defend CITY against any claims made by any consultant(s) or contractor(s) that CITY has Page 4 of9 DNT:dnt C:\Documents and Settings\brooksv\Vivian_shares\SE4th Street\CRA Interlocal (SE4th Street) (10-05) doc improperly failed to make timely payment due to CRA' s improper failure to comply with its payment obligations pursuant to this Agreement. Section 6. INDEMNIFICATION, SOVEREIGN IMMUNITY, and INSURANCE 6.01 Without waiver of limitation as per Section 768.28(5), Florida Statutes, and to the extent permitted by law, the CITY and eRA agree to indemnify and hold harmless each other from any claims, losses, demand, cause of action or liability of whatsoever kind or nature that the CITY or CRA, or either party's agents or employees mayor could incur as a result of or emanating out of the terms and conditions contained in this Agreement, that result from CITY's or CRA's or any consultant's or contractor's negligence or willful conduct (or that of their respective agents or employees) or from breach of this Agreement. 6.02 CITY and CRA shall maintain at their own cost and expense all insurance policies providing coverage for liability protection in accordance with state law. Certificates of Insurance reflecting evidence of the required insurance shall be tiled with the CITY's Risk Manager and with the CRA's Controller, respectively, prior to or at the time of execution of the Agreement. These Certificates shall contain a provision that coverages afforded under these policies will not be cancelled until at least forty-five (45) days prior written notice has been given to the other party. Policies shall be issued by companies authorized to do business pursuant to the laws of the State of Florida. Financial Ratings must be not less than "A-VI" in the latest edition of "Best Key Rating Guide", published 6.03 CITY and CRA shall maintain at their own cost and expense all insurance policies providing coverage for liability protection in accordance with state law. Certificates of Insurance reflecting evidence of the required insurance shall be filed with the CITY's Risk Manager and with the CRA's Controller, respectively, prior to or at the time of execution of the Agreement. These Certificates shall contain a provision that coverages afforded under these policies will not be cancelled until at least forty-five (45) days prior written notice has been given to the other party. Policies shall be issued by companies authorized to do business pursuant to the laws of the State of Florida. financial Ratings must be not less than "A-VI" in the latest edition of "Best Key Rating Guide", published by A.M. Best Guide. Section 7. RECORDS 7.01 CRA and CITY shall each maintain their own respective records and documents associated with this Agreement in accordance with the requirements set forth in Chapter 119, Florida Statutes. All such records shall be adequate to justify all charges, expenses, and costs incurred in accordance with generally accepted accounting principles. Each party shall have access to the other party's books, records and documents as required in this Agreement for the purpose of inspection or audit during normal business hours during the term of this Agreement and for at least three (3) years after completion of the Project. Page 5 of9 DNT:dnt C:\Documents and Settings\brooksv\Vivian_shares\SE4th Street\CRA Interlocal (SE4th Street) (IO-05),doc Section 8. ASSIGNMENT 8.0 I The respective obligations of the parties shall not be assigned, in whole or in part without the written consent of the other party, Section 9. TERMINA TIONIDEF AUL T 9.0 I Prior to the Boynton Beach City Commission approving a contract for the construction of the Project, this Agreement may be terminated by either party upon thirty (30) calendar days written notice, 9.02 If either party fails to perform or observe any of the material terms and conditions of this Agreement for a period of ten (10) calendar days after receipt of written notice of such default from the other party, the party giving notice of default may be entitled, but is not required, to seek specific performance of this Agreement on an expedited basis, as the performance of the material terms and conditions contained herein relate to the health. safety, and welfare of the residents subject to this Agreement. Failure of any party to exercise its right in the event of any breach by the other party shall not constitute a waiver of such rights. No party shall be deemed to have waived any failure to perform by the other party unless such waiver is in writing and signed by the other party. Such waiver shall be limited to the terms specifically contained therein, This section shall be without prejudice to the rights of any party to seek a legal remedy for any breach of the other party as may be available to it in law or equity. Section 10. COMPLIANCE WITH LAWS 10.01 CITY and CRA shall comply with all statutes, laws, ordinances, rules, regulations and lawful orders of the United States of America, State of Florida and of any other public authority which may be applicable. Section 11. VENUE 11.01 Any and all legal actions necessary to enforce the terms of this Agreement shall be conducted in the Fifteenth Judicial Circuit in and for Palm Beach County, Florida, or, if in federal court, in the United States District Court for the Southern District of Florida, Section 12. GOVERNING LAW 12.01 The validity, construction and effect of this Agreement shall be governed by the laws of the State of Florida. Page 6 of9 DNT:dnt C:\Documents and Settings\brooksv\Vivian_shares\SE4th Street\CRA Interlocal (SE4th Street) (I0-05l.doc Section 13. ENTIRE AGREEMENT 13.01 This Agreement contains the entire understanding of the parties relating to the subject matter hereof superseding all prior communications between the parties whether oral or written, and this Agreement may not be altered, amended, modified or otherwise changed nor may any of the terms hereof be waived, except by a written instrument executed by both parties. The failure of a party to seek redress for violation of or to insist on strict performance of any of the covenants of this Agreement shall not be construed as a waiver or relinquishment for the future of any covenant, term, condition or election but the same shall continue and remain in full force and effect. Section 14. SEVERABILITY 14.01 Should any part, term or provision of this Agreement be by the courts decided to be illegal or in conflict with any law of the State, the validity of the remaining portions or provisions shall not be affected thereby. Section 15. CONTRACT ADMINISTRATORS 15.01 The Contract Administrators for each party shall be as follows: CITY: Kofi Boateng, Utilities Director City of Boynton Beach 124 E. Woolbright Road Boynton Beach, FL 33435 Telephone (561) 742- 6401 Facsimile (954) 742-6298 CRA: Lisa A. Bright, Interim Executive Director Boynton Beach CRA 639 E. Ocean Avenue, Suite 107 Boynton Beach, FL 33435 Telephone (561) 737-3256 Facsimile (561) 737-3258 Section 16. NOTICES 16.01 Whenever either party desires to give notice to the other, such notice must be in writing and sent by United States mail, return receipt requested, courier, evidenced by a delivery receipt, or by overnight express delivery service, evidenced by a delivery receipt, addressed to the party for whom it is intended at the place last specified; and the place for giving of notice shall remain until it shall have been changed by written notice in compliance with the provisions of this paragraph. For the present, the parties designate the following as the respective places for giving of notice. Page 7 of9 DNT:dnt S:\CA\CRA\CRA Interlocal (SE4th Street) (lO-05).doc CITY: Kurt Bressner, City Manager City of Boynton Beach 100 E. Boynton Beach Boulevard Boynton Beach, FL 33425 Copy To: James A. Cherof, Office ofthe City Attorney Goren, Cherof, Doody & Ezrol, P.A. 3099 East Commercial Boulevard, Suite 200 Fort Lauderdale, Florida 33308 CRA: Lisa A. Bright, Interim Executive Director Boynton Beach CRA 639 E. Ocean Avenue, Suite 107 Boynton Beach, Florida 33435 Copy To: Kenneth G. Spillias, Esquire Lewis, Longman & Walker, P.A, 1700 Palm Beach Lakes Boulevard, Suite 1000 West Palm Beach, Florida 3340] Section 17. INTERPRETATION 17.01 This Agreement shall not be construed more strictly against one party than against the other merely by virtue of the fact that it may have been prepared by counsel for one of the parties. IN WITNESS WHEREOF, the CITY OF BOYNTON BEACH and the BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY have caused these presents to be executed in their respective names by the proper officials the day and year first above written. CITY OF BOYNTON BEACH a municipal corporation organized and existing under the laws of the State of Frida By: ATTEST: Page 8 of9 \ 1:""1 0 D'::::; ,. j { '(lj\ II 0\ V J... \, / / ~ 'It ?i r:;"'\:. 'V DNT:dnt C:\Documents and Settings\brooksv\Vivian _ shares\SE4th Street\CRA Interlocal (SE4th Street) (1 0-05) due ~+.Ci BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY, a public agency organized and existing under the laws of the State of Florida BY:7~~d,^'r /Jeanne Heavilin, Chair Page 9 of9 DNT:dnt C:\Documents and Settings\brooksv\Vivian_shares\SE4th Street\CRA Inter local (SE4th Street) (IO-05),doc CITY CLERK'S OFFICE MEMORANDUM TO: James Cherof City Attorney FROM: Judith A. Pyle Deputy City Clerk DATE: December 2, 2008 RE: Approved by City Commission on November 18, 2008. Amendment No. 1 to the Interlocal Agreement between the City of Boynton Beach and the City of Boynton Beach Redevelopment Agency to provide for the Installation of a Public improvements on Southeast 4th Street was approved by the City Commission at their regular meeting held on November 18, 2008. The agreement originally given to the City Clerks Office was not a dean version. Per the request of David Tolces a clean version has been provided for final execution. Please review, sign and return to me for further ~es~: ~an~ou. I', 7 , / (' ~"-r L/ \,-,~.?_ ,rc:,--L/L. ''{ ,/ '-y,-c. < / !~chments S:\CC\WP\AFTER COMMISSION\Clty Attorney TransmittalsWear 2008\11-18-08 unmarked agreement to be signed for 138.doc AMENDMENT NO.1 TO THE INTERLOCAL AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND THE CITY OF BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY TO PROVIDE FOR THE INST ALLA TION OF A PUBLIC IMPROVEMENTS ON SOUTHEAST 4TH STREET THIS AGREEMENT, made and entered into on the 2006 by and between: ______,___, day of CITY OF BOYNTON BEACH, FLORIDA a Florida municipal corporation 100 E. Boynton Beach Boulevard Boynton Beach, Florida 33425 (hereinafter referred to as "CITY") AND CITY OF BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY. a Public Agency of the State of Florida 915 South Federal Highway Boynton Beach, Florida 33435 (hereinafter referred to as "eRA") WIT N E SSE T H: WHEREAS, CITY AND CRA (the "Parties") desire to install public improvements, including, but not limited to on-street parking, sidewalks, storm water drainage, streetlights, water, and landscaping within the right of way for Southeast 4th Street from Southeast 12th Avenue to Southeast 2nd Avenue (the "Improvements"), which public improvements are located within the boundaries of the CRA; and WHEREAS, the Parties have negotiated and desire to enter into an Interlocal Agreement ("Agreement") for the Parties to share in the cost of design, installation, and construction of the Improvements (the "Project"); and WHEREAS, the Improvements are to be designed, installed and constructed pursuant to Amendment No, 1 to Task Order No. tJ04-16-02 with PBS&J ("Amendment 1") and subsequent amendments; and WHEREAS, CITY and CRA have determined that it is mutually beneficial and in the best interests of the citizens and residents of both cities to enter into this Agreement; and WHEREAS, Part I of Chapter 163, Florida Statutes, as amended (the "Inter/ocal Cooperation Act"), permits the Governmental Units, as public agencies under the InterlocaJ Cooperation Act, to enter into interlocal agreements with each other to authorize one governmental Page] S:\CA\CRA\CRA Interlocal (SE4th Streel) Amendment (1I0408} PVM (rev 111408) doc party to exercise, on behalf of the other governmental unit, jointly held powers, privileges or authorities which each such Governmental Unit shares in common and which each might exercise separately, permitting the Governmental Units to make the most efficient use of their power by enabling them to cooperate on a basis of mutual advantage and thereby provide services and facilities in a manner and pursuant to forms of governmental organization that accords best with geography, economy, population and other factors influencing the needs and development of such Governmental Units; and WHEREAS, this lnterlocal Agreement will become effective upon filing with the Clerk of the Court in the Fifteenth Judicial Circuit in accordance with the provisions of the InterIocal Cooperation Act; and WHEREAS, CITY hereby represents to eRA that it has the authority, pursuant to the lnterlocal Cooperation Act, to execute any and all documents necessary to effectuate and to implement the terms of this Agreement; and WHEREAS, CRA hereby represents to CITY that it has the authority, pursuant to the Interlocal Cooperation Act, to execute any and all documents necessary to effectuate and to implement the terms of this Agreement; and NOW, THEREFORE, FOR AND IN CONSIDERATION of the mutual covenants and agreements hereinafter set forth, the Parties hereto agree as follows: Section 1. RECITALS 1.01 The above recitals are true and correct and are incorporated herein. Section 2. TERM OF AGREEMENT 2.01 This Agreement shall be effective upon the approval of both parties and shall terminate at the conclusion of the Project. This Agreement may be terminated pursuant to Section 9 of this Agreement. 2.02 This Agreement shall not be binding on the CRA until the Community Redevelopment Plan is amended to reflect the CRA' S involvement in this project. 2.03 At the conclusion of the Project, the Parties acknowledge and agree that the CITY shall own, and be responsible for the maintenance and liability associated with the Improvements. Section 3. COMPENSATION 3.01 The Parties agree that the cost for the Project shall be shared by the Parties in accordance with the terms of this Agreement. The cost of the Project includes all architectural, engineering, construction, and consulting fees associated with the planning, construction, and completion of the Project. The estimated costs, and cost sharing for the engineering and construction of the Project shall be as follows: Page 2 S:\CA\CRA\CRA lnterlocal (SE4th Street) Amendment (110408) PVM (rev 111408),doc T ABLE I I ! Description Cost l-;~~~~F'T' o~:.~~'T c'~A~harerc~'~~~~e __+_.~U"-~~__+__ G~=~:S J._--..._ I I . I $995.663 ! $3.755,288 [ $1.l23.000 I $3.718,802 I Construct all water, storm water, sewer laterals, sidewalks, curbs, medians, pavement and conduits for future lighting $4,750,952 , , i-.------t-.. - -~ I Additional cost to expand construction from SE 2nd A ve, to Ocean A ve,- including landscaping in center median and along west side only; center median lights; replacement of FPL poles, and new I sidewalk along west side. I TOTAL 1 $5,050,952 I, $995,663 --I L_._______.J____ . .""'_ $300,000 o $300,000 $) 50,000 $ ] 50,000 ! $4,055,288 I $1,273,000 $3,868,802 I I 3.02 Upon completion of portions of the Project, eRA shall pay CITY the CRA's share of the costs of construction. Payments shall be made according to a schedule of payments set forth in the contract(s) entered into by the CITY and upon \"ritten certification with supporting documentation by the CITY, that the task or tasks required of the contractor(s), as appropriate, for the requested progress payments have been successfully completed. Payments shall be made by the CRA no later than fourteen (14) days after receipt of an invoice and the supporting documentation from the CITY, Said payments will be made payable to the City of Boynton Beach and mailed to Attn: Finance Department, City of Boynton Beach, 100 E, Boynton Beach Boulevard, Boynton Beach. Florida 33425, In the event of any dispute between the CITY and consultant(s) Of contractor(s) over the right to receive all or any payments under the contract(s), the CRA shall comply with the direction of the CITY and shall be indemnified by the CITY as set forth in Section 6 below. Section 4. DUTIES AND RESPONSIBILITIES OF CITY 4,01 CITY shall be responsible for preparing contract documents, advertising for bids for the Project, selecting the contractor to construct the Project, supervising the Project, and insuring completion of the Project in accordance with the description of the Project as Page 3 S\CA\CRA\CRA Interlocal (SE4th Street) Amendment (110408) PVM (rev 111408) doc contained in Exhibit "A" which is attached hereto and incorporated herein by reference. The CITY shall provide the CRA with copies of all executed contracts in connection with the Project and shall keep the CRA regularly informed as to its progress. 4.02 CITY will make available appropriate staff to work with CRA staff in the planning and construction of the Project. It is further understood and agreed that, nothwithstanding the CRA's participation in the planning of the Project and providing assistance in overseeing the construction of the Project, the CITY retains all responsibility for compliance with the terms and provisions of the various design and construction contracts as the Project moves forward and for enforcement of the various contracts' terms as against the consultant( s) and contractor( s). 4.03 CITY will make all payments it is responsible for making in connection with the Project in a timely manner and will hold CRA harmless and will defend CRA against any claims by any consultant(s) or contractor(s) that CITY has improperly failed to make required payments under any Project contract(s), except insofar as any failure to make timely payment is due to CRA's failure to comply with its payment obligations pursuant to this Agreement. Section 5. DUTIES AND RESPONSIBILITIES OF CRA 5.01 CRA will make available appropriate staff to work with CITY staff in the planning and construction of the Project. 5.02 When requested, CRA shall provide CITY with documentation in its possession, including, but not limited to maps, surveys, and photographs in order to assist with the design and construction of the Project. Nothing contained herein shall require CRA to create documentation it does not presently possess unless agreed to by the parties in writing and included as an addendum to this Agreement. 5.03 CRA will make all payments it is responsible for making in connection with the Project and as set forth herein in a timely manner and will hold CITY harmless and will defend CITY against any claims made by any consultant(s) or contractor(s) that CITY has improperly failed to make timely payment due to CRA's improper failure to comply with its payment obligations pursuant to this Agreement. Section 6. INDEMNIFICA TION, SOVEREIGN IMMUNITY, and INSURANCE 6.01 Without waiver of limitation as per Section 768.28(5), Florida Statutes, and to the extent permitted by law, the CITY and CRA agree to indemnify and hold harmless each other from any claims, losses, demand, cause of action or liability of whatsoever kind or nature that the CITY or CRA, or either party's agents or employees mayor could incur as a result of or emanating out of the terms and conditions contained in this Agreement, that result from CITY's or CRA's or any consultant's or contractor's negligence or willful conduct (or that of their respective agents or employees) or from breach of this Agreement. Page 4 S,\CA\CRA\CRA Interlocal (SE4th Street) Amendment (110408) PVM (rev 111408).doc 6.02 CITY and CRA shall maintain at their own cost and expense all insurance policies providing coverage for liability protection in accordance with state law, Certificates of Insuranct' reflecting evidence of the required insurance shall be filed with the CITY's Risk Manager and with the CRA's Controller, respectively, prior to or at the time of execution of the Agreement. These Certificates shall contain a provision that coverages afforded under these policies will not be cancelled unti 1 at least forty-five (45) days prior written notice has been given to the other party. Policies shall be issued by companies authorized to do business pursuant to the laws of the State of Florida. Financial Ratings must be not less than "i\- \'1' in the latest edition of "Best Key Rating Guide". published by AM Best Guide Section 7. RECORDS 7.01 CRA and CITY shall each maintain their own respective records and documents associated with this Agreement in accordance with the requirements set forth in Chapter 119, Florida Statutes. All such records shall be adequate to justify all charges, expenses, and costs incurred in accordance with generally accepted accounting principles, Each party shall have access to the other party's books, records and documents as required in this Agreement for the purpose of inspection or audit during normal business hours during the term of this Agreement and for at least three (3) years after completion of the Project. Section 8. ASSIGNMENT 8,01 The respective obligations of the parties shall not be assigned, in whole or in part without the written consent of the other party. Section 9. TERMINA TIONIDEF AUL T 9.0 I Prior to the Boynton Beach City Commission approving a contract for the construction of the Project, this Agreement may be terminated by either party upon thirty (30) calendar days written notice, 9.02 If either party fails to perform or observe any of the material terms and conditions of this Agreement for a period of ten (10) calendar days after receipt of written notice of such default from the other party, the party giving notice of default may be entitled, but is not required, to seek specific performance of this Agreement on an expedited basis, as the performance of the material terms and conditions contained herein relate to the health. safety, and welfare of the residents subject to this Agreement. Failure of any party to exercise its right in the event of any breach by the other party shall not constitute a waiver of such rights. No party shall be deemed to have waived any failure to perform by the other party unless such waiver is in writing and signed by the other party, Such waiver shall be limited to the terms specifically contained therein. This section shall be without prejudice to the rights of any party to seek a legal remedy for any breach of the other party as may be available to it in law or equity, Page 5 S \C A\CRA \CRA Interlocal (SE4th Street) Amendment (110408) PVM (rev II J 408) doc Section 10. COMPLIANCE WITH LAWS 10.01 CITY and eRA shall comply with all statutes, laws, ordinances, rules, regulations and lawful orders of the United States of America, State of Florida and of any other public authority which may be applicable. Section 11. VENUE 11.01 Any and all legal actions necessary to enforce the terms of this Agreement shall be conducted in the Fifteenth Judicial Circuit in and for Palm Beach County, Florida, or, if in federal court, in the United States District Court for the Southern District of Florida. Section 12. GOVERNING LAW 12.01 The validity, construction and effect of this Agreement shall be governed by the laws of the State of Florida. Section 13. ENTIRE AGREEMENT 13.01 This Agreement contains the entire understanding of the parties relating to the subject matter hereof superseding all prior communications between the parties whether oral or written, and this Agreement may not be altered, amended, modified or otherwise changed nor may any of the terms hereof be waived, except by a written instrument executed by both parties. The failure of a party to seek redress for violation of or to insist on strict performance of any of the covenants of this Agreement shall not be construed as a waiver or relinquishment for the future of any covenant, term, condition or election but the same shall continue and remain in full force and effect. Section 14. SEVERABILITY 14.01 Should any part, term or provision of this Agreement be by the courts decided to be illegal or in conflict with any law of the State, the validity of the remaining portions or provisions shall not be affected thereby. Section 15. CONTRACT ADMINISTRATORS 15.01 The Contract Administrators for each party shall be as follows: CITY: Kofi Boateng, Utilities Director City of Boynton Beach 124 E. Woolbright Road Boynton Beach, FL 33435 Telephone (561) 742- 6401 Facsimile (954) 742-6298 Page 6 S:\CA\CRA\CRA Interlocal (SE4th Street) Amendment (110408) PYM (rev 111408),doc CRA: Lisa A. Bright, Executive Director Boynton Beach eRA 915 South Federal Highway Boynton Beach, FI, 33435 Telephone (561) 737-3256 Facsimile (561) 7n-1258 Section 16. NOTICES 16,01 Whenever either party desires to give notice to the other, such notice must be in writing and sent by United States mail, return receipt requested, courier, evidenced by a delivery receipt, or by overnight express delivery service, evidenced by a delivery receipt, addressed to the party for whom it is intended at the place last specified; and the place for giving of notice shall remain until it shall have been changed by written notice in compliance with the provisions of this paragraph. For the present, the parties designate the following as the respective places for giving of notice. ClTY: Kurt Bressner, City Manager City of Boynton Beach 100 E. Boynton Beach Boulevard Boynton Beach, FL 33425 Copy To: James A. Cherof, Office of the City Attorney Goren, Cherof, Doody & Ezrol, P.A. 3099 East Commercial Boulevard, Suite 200 Fort Lauderdale, Florida 33308 CRA: Vivian Brooks, Assistant Director Boynton Beach CRA 915 South Federal Highway Boynton Beach, Florida 33435 Copy To: James A. Cherof, Esquire Goren, Cherof, Doody & Ezrol, P.A. 3099 East Commercial Boulevard, Suite 200 Fort Lauderdale, FL 33308 Section 17. INTERPRETATION 17.0 I This Agreement shall not be construed more strictly against one party than against the other merely by virtue of the fact that it may have been prepared by counsel for one of the parties. Page 7 S\CAICRAICRA Interlocal (SE4th Street) Amendment (110408) PYM (rev 111408) doc IN WITNESS WHEREOF, the CITY OF BOYNTON BEACH and the BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY have caused these presents to be executed in their respective names by the proper officials the day and year first above written. CITY OF BOYNTON BEACH a municipal corporation organized and existing under the laws of the State of Florida By: Jerry Taylor, Mayor ATTEST: Janet Prainito, City Clerk Approved as to form: City Attorney BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY, a public agency organized and existing under the laws of the State of Florida By: Jerry Taylor, Chair Approved as to form: CRA Attorney Page 8 S:\CA\CRA\CRA Interlocal (SE4th Street) Amendmenl (110408) PYM (rev 111408),doc Boynton Beach Community 'RedevelopnJent Plan - November -1983 Boynton Beach Community Redevelopmenl Agency -Chairman _H~.nk Thompson Vice Chairman Sam Schein$r Dale Hatch Capt., Donald McKon,e , Don Combs Consultants Urban Design Studio Project Coordination/Urban Planning Regional Research Associates Economic Analysis . Kenneth Hirsch A~sc., IrlE:. Architecture/Urban Design Howard Searcy, P.E. Environmental Engineering Michael B~ Seho'rah & Associates Civil Engineering Ken Rogers. P~. Traffic Aoalysis Charles W. DeSanti Community Redevelopment (3) Logo/Identity Competition -. Involve the community/count',' 'n a design competiton. (4) Signage/Graphics Program - Once a graphic logo-identity has been established a program fpr incorporating this identity on all signage and graphics associated with redevelopment activity should be adopted; e.g. a sign statingl "This project/event sponsored by the Boynton Beach Community Redevelopment Agency." (5) Entrance Identification Program - Keying on entrance identification into the downtown redevelopment area is a relatively inexpensive project that can be implemented immediately. By properly promoting this effort with a "ribbon cutting" ceremony, media involvement and an appropriate logo/signage program the CRA can "kick-offll t,he redevelopment process. (6) Landscape Improvements - Small scale, but immediate, improvements can boost community confidence in the potential of downtown and the significance of the Community Redevelopment Agency. It is recommended that initially these improvements be focused on the corridors leading into the Downtown Center. (7) Slide ~ Program/Speakers Bureau - ~ith or without a sl ide show program, a speakers bureau available to all intere~ed organizations is a must. (8) Illustrative Graphics - Even before the adoption of '$pecific design guidelines for the Downtown Center, illustrations of "what could be" can be prepared for public viewing. The exhibition of University of Miami student work is along these lines. ~ater, Sewer ~ Drainage Improvements In many instances the eRA must address expenditures relating to the upgrading of the general" infrastructure system in the redevelopment area. However, Boynton Beach has developed a well thought out infrastructure plan which is in place and, therefore, will relieve the eRA from concentrating its funding to upgrade the system. /The analysis concludes that the proposed redevelopment will neither strain existing facilities nor incur improvements. project costly A-a BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY Management Letter in Accordance With the Rules of the Auditor General of the State of Florida Year ended September 30,2008 Current Year's Findings and Recommendations lJllrl_lJltllr Criteria/Specific Requirements Section 163.387(6), Florida Statutes, provides that moneys in the CRA trust fund may be expended for undertakings of the CRA as described in the CRA Plan, including, but not limited to costs for the development of community policing innovations. Condition Found During our audit we noted that the Agency entered into an agreement with the City of Boynton Beach, Florida (the "City") on December 19, 2007 to pay the City the sum of: $45,455 for police equipment; $130,830 for police vehicles; and $8,784 for patrol bicycles, These amounts were invoiced by the City on December 28, 2007 and paid by the Agency on January 4, 2008, Based on an audit of the Daytona Beach Community Redevelopment Agency performed by the State of Florida Auditor General, these types of expenditures were questionable as to whether such expenditures were authorized pursuant to Section 163,387(6), Florida Statutes, Perspective The condition noted is considered to be isolated in nature. Effect State regulators (e.g. the AucUtor General's office) that request a review or audit of the Agency's records could determine that the Agency is not in compliance with Florida Statutes. :;;_...Iy g ,'.ll"r~tllnt .'i....y pans and with ~~ijQn ., BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY Management Letter in Accordance With the Rules of the Auditor General of the State of Florida Year ended September 30,2008 Current Year's Findings and Recommendations Management's Response Management has been attempting to resolve the conditions highlighted above regarding compliance pursuant to Section 163.387(6), Florida Statutes and has requested the assistance of CRA's legal counsel to mitigate compliance issues, With specific regard to the above recommendations - (1) "At a minimum, the Agency amend its Downtown Vision & Master Plan to properly account for the costs of community policing..." - the suggested amendment will be brought before the CRA Board at the December 9,2008 meeting, (2) "" ,that management of the Agency formulate a strong argument th~t the aforementioned police- related expenditures are appUcable to commun;ty policing innovations, " - Management will work with the City's Chief of Police and CRA legal counsel to formulate the recommended policy, (3) "" .that going forward, any expenditures that the Agency's management foresees on incurring using tax increment funds, or has any questions as to its c(i)mpUance, that they determine that such expenditures are in accordance with its redevelopment plans and with Section 163,387(6) Florida Statutes, prior to incurring such expenditures." - Management will request (or has requested?) an opinion from CRA's legal counsel on Section 163-387(6) related to compliance with such expenditures as justification for budgeted expenditures and payments in FY 2008/2009, , !~~Y~Te~lC~f{/~. East Side~West Side~Seaside Renaissance September 10, 2008 Mr, James A. Cherof Goren, Cherof, Doody & Ezrol, P.A. 3099 E. Commercial Blvd, Suite 200 Fort Lauderdale, Florida 33308 Dear Mr. Cherof: Our independent auditors, Sanson, Kline, Jacomino & Company, LLP, are performing an audit of the financial statements of the Boynton Beach Community Redevelopment Agency (the "CRA") as of September 30, 2008 and for the year then ended. Based on their interim fieldwork performed, they me requiring from our legal counsel a written legal opinion regarding celiain expenditures that they have selected for testing for compliance with Florida Statutes and the eRA's Downtown Vision & Master Plan (the "Plan"). A description of the expenditures in question is as follows: Police,related Expenditures The CRA entered into an agreement with the City of Boynton Beach, Florida (the "City") un December 19,2007 to pay the City the sum of: $45,455 for police equipment; $130,830 for police vehicles; and $8,784 for patrol bicycles. These ftm011l1ts were invoiced by the City on December 28,2007 and paid by the CRA on Janumy 4, 2008 Section 163.387(6), Florida Statutes, restricts the CRA's expenditures to celiain undertakings, and to those expenditures described in the eRA's Plan (which was approved and adopted by both the eRA Board and the City Commission), Are these aforementioned expenditures in compliance with Section 163.387(6), Florida Statute~, and the CRA's Downtown Vision & Master Plan? For more information regarding these expenditures, please refer to the memorandum and documents sent to you by Susan Harris, Director of Finance, on July 22,2008. Please send your written legal opinion no later than October 31, 2008 directly to our auditors, Sanson, Kline, Jacomillo & Company, LLP, 5805 Blue Lagoon Drive, Suite 220, Miami, Florida 33126, Atln: Richie Tandoc, Partner. Very truly yours, _, :i: '/;_J " \, -. ,')(i ,I~\) I " s. LIsa Bnght ' Executive Director cc: Richie Tandoc, Partner / Sanson, Kline, Jacomino & Co., LLP 915 South Federal Highway Boynton Beach, Florida 33435 Ph: 561-737-3256 Fax; 561-737-3258 ~~~~elRA . East Side"'West Side-Seaside Renaissance RE: Jim Cherot, CRA Attorney Lisa Bright, eRA Executive Director" CRA Audit TO: FROM: DATE: September 16,2008 As per your letter dated September 12, 2008, enclosed are the following: 1.) Letter from Sanson, Kline Jacomino & Company LLP - Legal opinion for C RA Police 2.) City Invoices for CRA Police Expenses - Spreadsheet analysis ot missing receipts 3.) Susan Harris Memorandum Requesting Legal Opinion for CRA Police- July 22, 2008 After your review, please let me know if you need any additional information or discussion. lib Attachments 915 South Federal Highway Boynton Beach, Florida 33435 Ph: 561M737M3256 Fax:561-737-3258 www.boyntonneachera.eOl1') =,1l/!H'4wao ;;:::;::::--- EA";'~?EfJ;='~=': SHIPMENT NO 503579 43016 L/wo '9'" ' tho SlJlpRo.dy 80M.. C<lnditfon. a. st.Ied on 1Ir1. .nVfto,>..1Iwo .Iso og.... fha/DIIl.'a Torm, .ondt.. , ,'tJonsof cam,_ a90,'Ptto, th~.t'IPmen, t8lumitDHL'sfl bllffyrort,.":.ordama,9.,f,.U,,S, ,'S, 1 (j(", ' I ~1}J Ij' (i , t D{ " -a " ~" , (, \ ,- 'T . 'I' ,', i 1-/ S'9L4f"-_~ _' !( U.t L~'/':x.~ ,/,/ L '-, DaI' ~.lJ\{L:,I~ _ :. GOREN. CHEROF, DOODY &. EZROL, P.A. ^TTIlIlNliV~ AT LAW ~lIlTIi 2110 30$9 lAST eOMldUC,lA1. .OU~f.V^Rll 1'01\1 LAVllUll,UC. f~olllll~ saaoo PHOlll!: (9541 771.4'O~ FAX: (95<\) 771.>{923 wwW.~ltYHlY.com SAMUI!L S. GOREN JAMES II, OHlIROP DONAI.C J. DOODY KERAY t. IOzltOL MICHAEL D. ClffULLO, JR. JULIE F. KLAHR llE~~AY le"c" OFF''',: 7& N.E. I'IFTIl ,Io,V~NUB P""R:^ Y BF....r:H, FL 33-183 PI1011e:: (561) 216.9400 FAX: (561) 1119.6559 DAVIO N. TOI.OES JAMlt,A v, AI.EXANDER JACOl' G. HOROWITZ Sf04ANA 1'1. I'UlIDOtllMAN ANNI\BELLA BARBO...^ 8TI!VEW L. JOSIAS. Of OOVNl1!l Plun RUU TO FIlIlT LluoUllALt September J 2, 2008 Usa Brigh~ Executive Dlrector Boynton Beach eRA 915 South Federal Highway Boynton Beach, FL 33435 Dear Ms. Bright: Please send me a copy of the auditorts request for a legal opinion as referenced in your September 10, 2008 letter. JACIlb H;\2007\070473 I3BCRI\\Lcttcr 10 BrIght rc lIudltors nportdoe fSKjl ~ SANSON KLINE JACOMINO & COMPANY, LLP Certified Public Accountants & Consultants 5805 Blue Llgool) Drive Suite 220 MI~mr, FIot{<l~ 33126 Tel. (305) 269-8633 F~x (305) 265-0652 \\,'i'i\\'"kfnd,COll] September 9,2008 Ms. Lisa Bright Executive Director Boynton Beach Community Redevelopment Agency 915 South Federal Highway Boynton Beach, Florida 33435 Dear Ms. Bright: Based on OUl' interim fieldwork that is cun-ently in process, we noted celtain police-related expenditures that were made during the year by the Boynton Beach Community Redevelopment Agency (the "CRA") for the purchase of vehicles, patrol bikes, and other equipment. From my experience, these types of expenditures are questionable with regards to its compliance with Florida Statute, I made inquiries of the AICP A and they suggested that we obtain from yoUI' legal counsel a written legal opinion regarding compliance of these expenditures with Florida Statute and the CRA's Downtown Vision & Master Plan ("Plan"). Since the CRA is a governmental entity, we issue a Yellow Book RepOlt (also known as the GAS RepOlt) regarding the CRA's compliance with celtain provisions of laws, regulations, contracts, and grant agreements. Therefore, in accordance with auditing standards, if we can not obtain a legal opinion from your legal counsel by the end of the audit, this will be considered a scope limitation and will require a qualification of your Yellow Book Repolt, Please request from your legal counsel that he address his written legal opinion directly to me, no later than October 31,2008 at 5805 Blue Lagoon Drive, Suite 220, Miami, Florida 33126, Very tmly yours, Richie C. Tandoc Partner cc: Susan Harris, Director of Finance CITY OF BOYNTON BEACH (561} 74,2.6310 (f)', :..',.,'(,:", ", . , . ' . . "-. TO: COMMUNITY REDEVELOPMENT AGENCY 9~5 S Federal Hwy BOYNTON BEACH, FL 33435 INVOICE DATE DUE DATE CUSTOMERITYPE # QUANTJrY ':' q7'S:9~NI1.9~~"{;' ' ". . 1.00 eRA POLICE UNIT EQQIP, VEH!CLES, BICYCLES 0/- 631 CJ-u - {(eo CJ f - 5 .3 I &-0 - Lf I '() Of - S-:5/i3-Q- hflD 1l;l5,069.QQ {If y~ I..f 11 -S #/?J0 P '3 v , Jj 7 ffi TOTAL DUE: INVOICE 20947 ij I I I 12/28/07 1/28108 2396/2516 ". '. ;~".:' .,~;}!>. '.'" " :'::'.:;', ':i;T9T~k.:i ,.;: '-".:' :':-. '-,;" ,: ..,; ."." . '\~. . . , 185,069.00 E, ~?() ,v.- ;::Jc.C 3 ~lffl-~"L e-! 1; - ?A-Iro f3,-[es $'185,069.00 ~- ~--- ~--_._, , ..' ._,.. ;- .::1 il~ ~ ," J.~, 'Jujlli.l'l~vl _ " .. ...., I ..~, ' , ..,. .+, ! CaleQorv: Patrol Bikes I . ,-.. ---~_.. ----- r-- Invoice Dates PO# Invoice # or Reo # Vendor ~.._--_._._------- T otallnvoices City Billed ----- .. , .... .,-- Amount Descrlotion .. r.....- 3/3112008 81102 45768 i- '" Bike Amencd $4.750,00 5.. trek police hard tail bicycles . $ 4.750,00 --- --- _.~~------ .., r' ~_.-+- ----.-..-,--- ~-- 'I -",- .. ---,...., c-,......, --......-.-.-- -~., ~--- I F.~__._.._._._ .-.......-._,.. >....- '--"--T' --r' ~.-. ,e._..,__ _ , .".-.".. "-- 1----,......, "' ,,- -,'''',---- "..,.... --r-" ---.- - ,...J-,.. -'-'-- ~....--'> ~-~"'_..- ..- I-:; '/::.:00 I i I .., _.~----_._.._-----.-,-- '::,i5lJ ao Category: Equipment ,..',,- -. Invoice Oates I PO# I Invoice # or Rea # Vendor ,,' Description -.-... ---'- -.-.- -_.__.._._~-- Total Jnvolccs f-... .... Amount - --..--.- -~-_._,-~-~- - .. -..-.-----. , , 3/712008 I 1391040904 --j~- V e';zo~ $ 451,65 Cel phone I 4/7/2008 ....,..-1 I -~~.-- .--..-.. .-.--. ----.. -.-.--. '-"',-.-.-- -..- .... . ..L 1401471046 . ---,,-- Venzor $ 243.30 Cel phone ".. e-.... ,-- .. - 51712008 ' I 1411974802 ~..t-.,. .- Verizof: .- $ 243,30 Cel phOne 1--.., -t----j- 61712008 1422509868 .-....-- Verizof, 1$ 243.05 Cel phone .... -+-- , --.--1-----.- ...- f-- ....,- C.." 7/7/2008 I 1432980 1 ~H l....-..,.. Verizon S 243,05 Cel phone .. 81712008 .- -. ~ 443363687 ,----- Venzon S 243.05 Cel ohone -~.~--- ---- ,_.. i- 511312008 1414001057 Verizor1 --~_.. S 196.46 Cel nhone ---.- ..- f--" -_..,-" -- i---- 6/13/2001; ~ 424533352 Verizon S 140,98 eel phor.L: ..- ~.. 5/27/2008 1418886324 -..--.......------------..-- VerizofJ - '--"'-",-'~' $ --.._------_._-~- , 820.08 Gel ohone ~_._--- ---.- .... 612612008 1429412448 , Verizon $ 95.05 Cel phone - .. , .. --,,~-- ---,,- , .. ,.., -- 7/17/2008 - - 1437153754 i .... Verizon $ 102,12 Cel phone --.-----.-- ,...., , ---;-,..,-' 7/13/2008 1434959687 I Veriz.on ---.--- S 244,55 Cel phone .._--~._- -~~._~--_._- ----- -- ---- ". ..... 7/1612008 --+- 144497396'( i Verizon $ 1915.13 Cel phone (credit) ~- r--- _._--.--------~- -_._'-- , 8/13/2008 1444536310'i Verizon $ 185.01 Cel phone $ 2,54652 i------ 4/21/2008 .. 81i76 45956 -"._~-_.__.-..._---- DGG T<:lscr loe ~.-'- $4.024.75 5 -X26 tasers w/dpms and 4 yr warr3nt,c: .... ~ 4/2112008 --r- ...." ,..,,,-- C"- -'-'~ _.. 81176 45956 DGG Taser Ine S 899.75 5 -XDPM four vear warranties --------.-.-. .---.-- ___.m 412112008 81176 45956 DGG Taser Inc $ 46,00 shipoina r!-.. 4.970,50 4/B/20oa 81149 45867" '", ~ou's Police & SeCtlrlty Eouip ------'- " ,- 0-'- S 109,96 2- safariland 6280 STX. RT hand holste"ialoek 22 ---".- 4/812008 81149 45867 lou's Police & SeCtlritv EaUlP $ 54,98 1- safariland 6280 STX. RT hand holste-/alock 35 ,..- --..- ....- f-_. ----- . -- 4/612008 81149 "45867- Lou's Police & Security Equip $ 54,98 1- safariland 6280 STX, RT hand holster/alack 21 .... ,-- ,.., ..,.. ..u.._____ .., 4/812008 81149 45867 .-. Lou'S Police &. SecuritY EQUIP S 54,98 1- safariland 6280 STX, left hand holster/qtock 22 .- . - ._-~- ~ - $ 274,90 : 4/30/2008 81225 46092 Tactical Products Group lroc $ 225,00 5 -TPG Black Drop Leq Gas Mask Pouches $ 225,00 4/21/2008 ,.. 81177 45957 _. OMB Guns S 2.345.00 5 - Glock 21 SF's with Glock Niaht Siqhts ---- --~..._-- ......,- r!-. 2.345,00 "---I 4/9/2008 31159 '-458'74- , Binoculars, Com $ 129.38 2 - Nikon 8x40 action ultra-wide view binoculms $ 129,38 I 4/912008 81159 45874 'r- BinoCtllars, Com $ 578,00 2" A TN MO -'- Gen 1 + niaht viSion monocular returned c-- 4/9/2003 81159 Binoculars. Com '" Waived I 45874 I $ 25,00 Shioplng I 4/9/2008 81158 45871 Circuit City $ 99,98 2 - 01' mous VN -4100 PC Dialtal Voice Recordes ..- 4/9/2008 81158 45871 Circuit City $ 329,98 2 - Cannon Powershot A590 is 8 - MeqaPlx Diq Cam 4/912008 81158 45871 Circuil Cilv $ 459.99 1 . Sonv DCRSR45 30 GB Handvcam hvbrid camcorder $ 889,95 4/612008 81152 45875 Galls, loe $ 38.97 3 - Disaster oreoaredness tools I -i , 4/812008 81152 45875 Galls. Inc $ 79,98 2- Laroe black 2-tone duffel baQS I I 4/612008 81152 45875 Galls. Inc $ 119,98 2-10 million c.:Jndlepower ..,charoeable searchllqhts i 4/812008 81152 45875 Galls, Inc $ 125.98 2 . Gerber Multi -lock tolls wi needlnose Pliers I 4/612008 81152 45815 Galls. Inc $ 45.00 shipping $ 409.91 4/30/2008 81228 46093 Law Enforcement Supplv Company $ 948,7$ 5 - Survivair CBRN Gas Masks I 4/3012008 81228 46093 Law Enforcement Supply Company $ 155,25 5. Survivair CBRN Gas Masks Filters $ 1,104,00 , 4/8/2008 81150 45868 Lawmen's & Shooters Supplv In $ 45025 5 -.$treamliQht TLR- 1 $ 450,25 ------ 41'2912008 81220 46009 Lawmen's &. Shooters Supplv In $ 450.55 Premier Crown Riot Helmets Dual Black wJ fave shiel $ 450.55 ,... 4123/058 81187 45958 Special Products Group $1,350,00 100 - Black ASP Flex Cuffs I Order Cancelled , 412912008 81219 46010 Soecial Products Group S 146.65 Peerless Hinaed 801 Silver handcuffs " $ 146,65 , I 5/1512008 Dequilio $ 15.98 reimbursement to DiQuilio for \ravel AC Wall Charqc, i I 5/1512008 Dequilio $ 17.94 reimbursement to D,iquiJjo for charqer for Casio Camera ;$ 33,92 r'" 1/2912008 80933 45199 More Direct $ 6.575.00 Thinkpad T61 Core 2 Duo 1,8GHZ/1GB/80GB 1/29/2008 80933 45199 More Direct $1.175,00 3 vear Thinkpad Protection Depol I : 1/2912008 80933 45199 More Direct $ 228.75 1 GB 1024MB DDR2-667MHZ Sodimm For IBM $ 7,978,75 I 7/1512008 65110 Soecial Products Grouo $ 540.03 AaA Xtreme HP Level Vest w,2 black AJ Carriers & 5><8 Soft $ 540.03 4111/2008 Deouilio $ 84.50 reimbursement window tint $ 84.50 4f2312008 81188 45947 Bike America $ 110.00 AIR - 8 hlmt cpse Blk 4/2312008 81188 45947 Bike America $ 165.00 AIR . 8 hlmt CPSC Blk 412312008 81188 45947 Bike America $ 1420 LRll Bands 412312008 81188 45947 Bike America $ 56,94 Fox Incline Glove L 4123/2008 81188 45947 Bike America $ 37.96 Fox Incline Glove XL 4/2312008 811~ 45947 Bike America $ 151.87 ~ck .801 Bones 3 - bike 412312008 811~ 45947 Bike America $ 169,83 K1nnnin - 4 4/2312008 81188 45947 Bike America $ 284,70 ~ck Trunk 4/23/2008 81188 45947 Bike America $ 189.80 Uaht Cateve Ooticbe 4/2312008 81188 45947 Bike America $ 71,25 LiGht Disco Tl!l:h Led S 1 271.55 7/28/2008 Office Deoat $ 594.00 2 - Conference table $ 594,00 IO:~l - 2~.44S.3C S 45.455,00 I s I S ~3C.S30,OC I IVchicle" MEMORANDUM DATE: July 22,2008 TO: Jim Cherof FROM: Susan Harris cc: Lisa Bright, CRA Executive Director Vivian Brooks, CRA Assistant Director Matt Immler, Chief of Police RE: Police Contract This is in response to your email dated June 12, 2008 (attached) regarding my request for assistance to transition from the current police contract to an ILA. Here is a brief summary of events and the reason for the request: . The current contract for community policing services in the CRA district was approved at the December 2007 CRA Board meeting. . At the January 2008 Board training, the staff and Board learned that the CRA may not be in compliance with community policing regulations under Chapter 163, specifically the reimbun;;ement to cities for certain types of expenditures (police vehicles, weapons, etc.). . Thereafter I took a look at the entire issue from an audit perspective. My recommendation for an ILA is based upon my research and discussions with another independent CRA in Palm Beach County that uses the legal vehicle of an 11,A for funding. After reviewing their ILA, I believe it specifically addresses the compliance issues while meeting the regulatory requirements. Additionally, herein are: 1. Responses by Daytona published by the Auditor General report. I've isolated the responses from the report and attached for your review. 2. Plan provisions: a. Copy of pertinent HOB Plan pages b. Copy of Downtown Master Plan ("DTMplJ) - see policy P-3 - The timeline in the DTMP is in year five or 2013. 3. Various emails requesting clarification of the appropriateness of a CRA community policing plan beginning last summer and ending before the item was brought before the CRA Board. The eRA community policing initiative funded in this year's budget was not initiated by the CRA (see emails). The directive for funding came from someone in the City., The issue of compliance within, Chapter 163 was brought to your attention before the Board was presented with the police contract in December 2001. Since we are not privy to further em ails on the compliance issue, and there was no notification from your firm to the CRA not to proceed, the contract was placed in the December agenda for approval. Regarding the issue of the Plan provisions, if you determine that the HOB Plan does not encompass innovative community policing 'and/or that the DTMP timeline is too far in the future to ensure compliance, advise if you feel the DTMP should be amended to bring the innovative community policing forward to Phase I of the Plan or some other method of compliance. I understand that revoking the current contract and instituting an ILA will require Board approval and we'll take this to the August 12th CRA Board meeting. As Finance Director, it is part of my responsibilities to ensure that the CRA is in legal and regulatory compliance. As the CRA'slegal counsel, we are looking to you to make sure the Agency is in legal compliance in order to protect the CRA from known deficiencies, Your advice would be most appreciated. Thanks, ~ Susan ""11".. GtRU# SHIPMENT NO. 503579 42b11 -",. . mwOlllll/StlMI<I,..."".."".....I/mDHL.. ~ _. wIlh lIle ~odV ..rvrc. Con4ftIoNIt.. """ lI'm/lllHLlt /IOII/IilY for IoN or d_elo (I.s. $100. .......'O"'jT~...-~ j, S\gnalUre. ~ Dale '1, I ~R . 'j~l, Harris, Susan From: Jim Cheraf [JCherof@cltyatty.com] Sent: Thursday, June 12, 2008 5:13 PM To: Harris, Susan Subject: RE: Police Contract Great. thanks. James A. Cherof Goren, Cherof, Doody & Ezra!, P.A. 3099 East Commercial Boulevard, Suite 200 Fort Lauderdale, Florida 33308 Telephone: (954) 771-4500 Facsimile: (954)771-4923 From: Harris, Susan [mallto:HarrisSu@ci.boynton-beach.fl.us] Sent: Thursday, June 12, 2008 5:11 PM To: Jim Cherof Cc: Bright, Lisa Subject: RE: Police Contract Jim, I'll research and get back to you. Thanks, Susan Susan Han'is Finance Director Boynton Beach eRA 915 South Federal Highway Boynton Beach, FL 33435 Tel: 561-737-3256 Ext. 203/Fax: 561-737-3258 Email: harrlssu@cl.boynton-beach.fl.us From: Jim Cherof [mailto:JCherof@cityatty,com] Sent: Thursday, June 12, 2008 5:08 PM To: Harris, Susan Subject: RE: Police Contract Have you contacted Daytona to see how they responded to or otherwise dealt with the AG's comment? That would be good to know. In any event, (1) AND (2) require Board approval. As to (3), legal opinions are premised on facts and law. I need to know what provisions of the Plan staff was relying on when the Agreement was reviewed and moved on to the Board for approval. There must be some provision of the Plan you (staff) were relying on at that time, James A. Cherof Goren, eherof, Doody & Ezroll P.A. 3099 East Commercial Boulevard, Suite 200 7/21/2008 Page 20f2 Fort Lauderdale, Florida 33308 '~lephone: (954) 771-4500 acsimile: (954)771-4923 From: Harris! Susan [mallto:HarrlsSu@c1.boynton-beach.fI,us] Sent: Thursday, June 12, 20084:03 PM To: Jim Cherof Cc: Bright, Lisa; Brooks, VivIan Subject: Police Contract Jim, You'll recall at the January 2008 Board Training Workshop, JeffOlis' presentation included a discussion of Auditor General findings during operational audits of various CRAs. Jeff specifically discussed the audit findings dated November 2007 for the Daytona Beach CRA (attached) regarding various police-related expenditures. Among the findings by the Auditor General, certain police-related expenditures were questioned. The Auditor General stated "certain expenditures, including community policing innovations, are authorized if they are described in the CRA Plan." However, the Auditor General went on to state: "absent the CRA's Plan including community policing innovations. .. the vehicle purchases and the police-related operating expenditures do not appear to be authorized pursuant to Section 163.387(6), Florida Statutes" (see page 4 of the attached). Based on the above, and for audit compliance purposes, the CRA needs to move from the current contract to an ILA with the City. For your convenience, I have attached a draft ILA for your revisions and recommendations. "'he CRA needs your legal assistance to (1) revoke the CUlTent contract, (2) prepare a legally compliant ILA for Board approval, and (3) provide a legal opinion on whether the purchase of equipment, weapons, bicycles, vehicles, etc. by the CRA (as specified under the current contract) is appropriate under Florida Statutes governing community redevelopment agencies. Please advise. Susan Susan Harris Finance Director Boynton Beach eRA 915 South Federal Highway Boynton Beach, FL 33435 Tel: 561-737-3256 Ext. 203JFax: 561-737-3258 Emall: harrlssu@cl.boynton-beach.fl.us 7121/2008 NOVElI1BER2007 H,EPORT No. 2008-036 .--~---_._--,"-- .,'--"--".,-", "--'"" ~......'~._"-, '"'-'-"'~---- -., "-'_'~~" --"'~''''''''''''''-'--"'''-'-'-, AllJDETOR GENERAL DAVID \Xl. l\1ARTIN~ CPA DAYTONA BEACH COMMUNITY REDEVELOPMENT AGENCY Operational Audit SlJMMARY The Auditor General is authorized by State law to petfoml independeut audits of governmental entities in Florida. Pursuant to Section 11.45(2)(1), Flotida Statutes, the Legislative Auditing Committee, at its March 5, 2007, Ulcering, directed us to conduct an audit of the Daytona Beach Community Redevelopment Ageucy (CRA). The summaty of OUt fiudill.gs for the period OClober 1, 2004, t1uough Match 31, W07, and selected actions taken prio:r and suhseqnent thereto, is as follows: Finding No.1: Wle noted several expenditl.H'<:G that were either !lot authorized by Chaptet 1.63, Payi III, Flodda Statutes, or not La accotdancc with CRA Plans. Finding No.2: CRA Plans were not in sufficient detail to provide fot a determination that CRA expenditures were in accordance \"lith the Plans. Finding No.3: Contra!:'.)' to Section 163.356(3)(c), Florida Statutes, the City Commission did not designate a Chair and Vice Chair of the CRA BO?l'd. Finding No.4: Contrary to Section Z8G,0l1(1), Flocida Statutes, the meetings of the CRA Board were not always noticed. Finding No.5: The miuutes, for the joiutly held City Commission and CRA 130atd meetings, did LlOt indicate, for each official action taken, whether tbe action was by the City Commission or the CRA, Boarn. Additionally, several minutes wel'e not timelyappro\'ed. Fiading No.6: Although the CRA followed City policies and procedures, the CRA Board did not take formal actiou to adopt the City's policies and procedures for CRA use. Finding No. 'l;" The eRA did not dways use the flpproprif'.te property values to calculate (ax increment revenues Q,UQ from taxing authodties. Finding 1\1'0.8: Tax inctement teVcllue contributions by taxing authorities tepottccl ill the City's Comprehensive AmlUal Financial Repol~l differed ftom the CRA's receipt records. Finding No.9: Amounts due to the CRA fron; Volusia COUl1t'y for late tax increment contributions were used to offset amolll11s dlle by thc City to the County. Finding No. 10: Tax increment revenues received by the CRA were not always timely deposited. Additionally, il1vestmei1t camiugs Oll funds advanced (0 the City's capital project fund were IWi ,'<,corded to d)c credit of rh~ eRA. Findi1lg No. 11: Salaries and benefits charged In the eRA ttust fuad weie liot always supported hI' time recOl'ds or appropriately allocated. EindinJ? No. 12: CRA pCfsolllle1 recotds did nut contain documentation that the educational backgtounc1 of::J. forme,' redevelopment directof was verified. Finding No. 13: Contra!:'y to City policy, severance pay was provided to the fo~er l'edevelopmeni director, Fitlding No. 14: Vehicle allowances Hnd cellular telephone sripends were graoted to employees without documentation justifying the amontlt of the b ellefits granted. Finding No. 15: Disbursement processing procedutcs could be i.mproved to ensure that purchases are properly approved, the goods O[ services are received, aud invoices are paid ouLy once to vendors. Page 1 of?>l NOVEMBER Z007 REpORT No. 2008-036 Finding No. 16: Contt:ibutiolls to other entities were made without the use of written agreements specifying the purpose of the contributions al.ld providing a mechanism whereby the CRA can monitor the use of the moneys. Additionally, CRA Board approval of the contributions was not alwa.ys documented. Finding,No. 17: Real property was acquit'cd without tlte use of appraisals ot the purchase pdce exceeded the highest appraisal obtained. Additionally, eRA Board approval was not :1.1ways documented for the purchase ~fthe propet"ty. Findh\g No. 18: Competitive selection procedures could be improved to provide fot better recordlreepiug. Additionally, the contractor utilized for one CRA project was obtained through another entity evert tbough a bid was received by the City for the CRA project. Fitldiug No. 19: AnlOUtltS were billed and paid on contracts for sel.vices tendered prior to the date OIl which tIle notice to proceed was issued. Contracts did not always require sufficient dOCl,unentation to be submitted by contractors to provide a ba,.sls for payment. Documentation to support one coutract amendment and oue change order providing for fee increa.ses, and CRA Board apptoval thereof, could 110t be provided. Finding No. 20: The City awarded a large contract to a developer, the only respondent to a request for qualification!! and proposals (RFQP), notwithstanding the fact tbat the developer failed to provide key elements in its response to the RFQP. Finding No. 21: The eRA's rep01t of activities for the 2004-05 and 2005-06 fiscal yeats included only the required finaucial statements, hut did not include llonfmancial infODlla1."iou that may be of iuterest to taxing authorities, Finding No. 22: The City's Internal Auditor reports to lllallagemeut responsible for the activities under review. Additionally, an internal audit of the CRA, issued Match 20, 2007, had not been presented to the CRA Board as of July 31, 2007. BACKGROUND Chapter 163, Part III, Florida Statutes, also known as the "Community Redevelopment Act of 1969" (Act), autho11zes the creation of a redevelopment agency for the purpose of redeveloping slums and blighted areas that ate injurious to the public health, safety, morals, or welfare of the residents of the State, This Chapter further provides for additional requirements, including, but not limited to, the manner in which such an agency may be established, tbe powers of the agency, and the funding of the agency. It requires the establishment of a redevelopment trust fund and restricts the use of those funds to redevelopment activities. Pur.suant to the Act, the City of Daytona Beach (City) requested that tl1e Volusia County Board of County Commissioners (County) delegate to the City the rigl1t and authority to exercise the power to create a community redevelopment agency. Upon County appi'oval, the City Commission adopted Resolution 81- 415, dated December 16, 1981, creating the Daytona Beach Community Redevelopment Agency (eRA). This Resolution also provided for the City Commission to be the Community Redevelopment Agency. The Act requires the establishment of a CRA Plan and requires approval of the Plan by the CRA's governing body and each taxing authority. Funding fot the CRA is accomplished through tax increment revenues provided by each taxing authority, and expenditures of the CRA must be made in accordance with the appIOved CRA Plan. The CRA has designated five areas within its boundaries; specifically, Main Street, Downtown, BaUough Road, Midtown (formerly Westside), and South Atlantic. Separate accounting of revenues and e.:>(:penditures are maintained for each of the five CRA areas. A total of four separate CRA Plans were prepared as follows: (1) the Main Street Redevelopment Area Plan Qast amended in 2000), (2) the Downtown-Ballough Road Redevelopment Area Plan Qast amended ill 2002), (3) the Midto'wn Redevelopment ,Area Plan (last amended in 2004), and (4) the South Atlantic Redevelopment Area Plan (created in 2001). Further, three advisory boards were established as follows: (1) for tlle Main Street and South Atlantic areas, (2) for the Downtown-Ballough Road areas, and (3) for the Midtown area. Section 163,356(3)(c), Florida Statutes, authorizes a CRA to employ an executive director, technical experts, and other such agents and employees, perm:meltt and temporary, as it requires. Although the CRA is a separate legal entity, the functions and activities of the Page 2 of 31 NOVEMBER 2007 CRA are generally carried out by the Redevelopll1tr11 Services Department of the City of D:-tytona BeaL h, which reports to the City Manager (see o rgaruzatiOll2I chart as Appendix A). The positions of redevelopment director, redevelopment technician, two pmject managers, and an office specialist comprise 1]lC Redevelopment Services Department of the City and al(; fully funded by the CR.I\.. SaJades of other ( employees Ulat perform CRA functions and actwities on a less-than-full, time basis are prorated and pal tially paid from CRA funds, Althongh not fOl.mally adopted hI' the CIV\ BOai'd, tJH" CRA follows City policies ,\'ld procedures (see linding No.6). FINDINGS AND RECOMflmNDATIONS Management of tbe eRA Finding No.1: Use of eRA Funds Section 163,387(1)(11.), Florida Statutes, requires funds allocated to, and deposited in, the CRA tmot fund to be used to finance or refinance comm,wity redevelopment, "Redevelopment" is defined in Sf'C( ion ! () 1,,140(9), Florida Statntes, as undertakings, activities, 0 r projects lli a community redevelopment area for the elimination and prevention of the development or spre2d of s1llms and blight; or for UK reduction or prevcntioll ()f ,llme: ,',r for the provision of 2fford2ble housing, and may u:lClucle Slunl cle2rance and redevelopment in a cnmmunil-y redevelopment area; or rehabilitation and revit2liz:ltion of coastitl resort and tourist areas that all" dduioratine and economically distressed. Section 163,387(6), Florid,] Statutes, provides that moneys in the eRA tIust flUlO may be expended {or undertakings of [he CR1\ "' described in the CRA Plan, including, but not hmited t,,' >- Administrative and overhead expenses necessary 'll incidental to (he implementation of the CRA Pbn >- Expenses of redevelopment planning, sun'eys, alld financial analysis. )> Acquisition costs of real property lJl ,he redevelopment area. REPORT No. 2008-031 i'- ( leau,nce ;wcl ]JreparatJo1\ (<J5t, ()I ". 1 ~developrnent area fOt redevp!opment '1 relocation of site occupan1~, r Repayment of pl1ncipal ~nd interest 01 del, rt'dempt:on premium for any form of indebtedne" )> E)cptnse, incidental 10, ,,1' (Gl'Ll1ected with. '!' i"SIl;111Ce, ,ale, redemption. retlrf'menl or purchase ,lit" form of indebtedness, including fundi",,, .,Leollnts provioed tal Ll1 ;clatcd ordinance" lbc>lntions 3uthorizing the lndebtednes' ~, (osto iN the development of affordable hO\lSln" within dK community redevelopment area, 'p:. (:tlsh for the: Jc""velopnlcnt ()f C001J11Unity polidnv inn()vatjrH)~ FurtJlermnre, Sections 163.370(3)(a) through (c), Flnr1rh Statllte~, set forih the prohibited uses of eRA fUlld~. which includes general government operating expenses unrelated (I) i\e phnnins and carrying out of a (:R/\ plan, Promotional b'xvendi(w:es. During the mdit period, the eRA, expended moneys ftom the eRA trust fund h., plOlllotion31 expenses, such as payments to tho: promotelS of Bike \'(lec.ks, Beach Sueet Barhequ( Festiv'Jl, Bi!lMcCoy Rum Festival, Lalo Kaona Festival, Bayou Boil, ,{nd Martini \V'alk, Amounts npf'nrkci , promouon:d 'ictlVities during the audit period are sbowl! in Tabk CRA E:~:~d~t~res--- fOi: I Promotional Activities I CRA Area Amount Main Street $ 83,439 , Downtown j 285,317 \ Ballough Road -,-,~ I M;d,owo --~~ I-S~uth A tl3ntic..--T-- -0-1 I Total ,.--.-- ! $307,201 i __.__ _____~_~"_~. ._.L__._...____.._______.___ Page 3 of 31 NOVEMBER 2007 The South Atlantic and Dowlltown-BalJough Road CRA Plans specifically prohibit the use of tax increment revenues for promotional expenditures. Although related to objectives set forth in the Main Street CRA Plans, these prom.otional expenditures do not appear to qualify as "redevelopment" as defined in Section 163.340, Florida Statutes, or satisfy the purposes authorized by Sectioll163.387(6), Florida Statutes. Police~Relllted B1q;JeluiltureG. As noted above, certain expenditures, including community policing innovations, are authorized if they are described in the CRA Plan. Although none of the CRA Plans contained community policing innovations, we noted expenditures for the purchase of police vehicles and operating expenses that were recorded in the Main Street and Downtown CRA area accounts. Police vehicles were acquired with CRA funds .in October 2004 (five vebicles totaling $98,055) and March 2007 (four vehicles totaling $74,468). In response to OUl; inquiry regardin~ the authority to purchase police vehicles with eRA funds, the Finance Director stated that the vehicles purchased in 2004 were intended for regular City patrols, but were charged to the Main Street CRA area account in ettor. The Finance Director also stated that five police vehicles (totaling $99,530) purchased with general fund moneys in 2002 had been used extensively in the redevelopment areas when they were placed in service during JannalY and February 2004. The Finance Director furtl1er indicated that a cost adjustment would be made to both the CRA trust fund and the general fund for the differences in vehicle costs for the 2002 and 2004 purchases. During the 2004-05 fiscal year, $295,861 was paid for police operating expenditures from the Main Street CRA area account; and for the period October 1, 2006, th:tough Mal'Ch 31, 2007, police operating expenditures of approximately $170,380 and $211,954 "vere paid from the Downtown and the Main Street CRA area accounts, respectively. Absent the CRA's Plan including community policing innovations, and Ule need for the vehicles to implement those innovations, the vehicle purchases and the police. related operating expenditures do not appear to be authorized putsuant to Section 163.387(6), Florida Statutes. REpORT No. 2008-036 Other Ouestioned El(JJenditures. The CRA expended $97,693 for lobbying selvices, $82,909 for electric bms for street lights, $3,208 for food and beverages; $2,217 for general operating expenses (dues, board member tours, City employee training); and other expenditures totaling $3,178 111at the CRA was unable to justify as appropriate uses of CRA funds. These expenditures do not appear to qualify as "redevelopment" as defined in Section 163,340(9), Fl01ida Statutes, or satisfy the pnrpose,s authorized by Section 163.387(6), Florida Statutes. Further, general government operating expenses unrelated to the planning and CiUrying O?t of a CRA plan are specifically prohibited hy Section 163.370(3)(c), Florida Statutes. Various other expenditures we reviewed tllat did not appe~r to be eitl1et for pmposes of redevelopment or included in the CRA Plans are discussed in subsequent findings (see finding Nos. 9, 11, and 16). Recommendation: The eRA should request reiulbursement from the City for eRA. ftlnds that were eithet not authodzed by Chapter 163, Pal't III) PIOl.ida Statutes, ot not in accordance with CRA Plans. In additio11, procedures should be adopted to ensure that CRA trust fuud expeuditutes are authorized pursuant to' Chapter 163, Part III, Florida Statutes, and CRA Plans. Follow-up to Management Response In his respotJ$e, the Redevelopment Director stated that it is the eRA's urzderstlillding that eRA fund e;.penditures dlscussed il1 the finding were budgete{[ Elnd used for CRA purposes in accordance with State law an.d local plans Iwd that applicable statutes provide thllt CRAs make expelulitures to further the goals of adopted redevelopment plal1s. He Iil90 stilted that it is the CRA'sU1lderstsnrling that the use ofredevelopment funds fot promotional expenditures are allowable if they arc c01lsistent witll the policies of a CRA pIlla Rnd quoted poUcies from the Downtown/BaUougll Roe.d CRA plan tha.t "encourage" or "support" development promoti011, sud improvements in the redet'elopment Rrea. ' Local govemments that have not been afforded home rule powers, sllch as community redevelopment agencies, passeoo only those powers spedfically graJ1ted in law. Therefore, the CRA must demonstrate specific authority in law to incur expenditures. Page 4 of 31 NOVEMBER 2007 H,EPORT No, 2008-03' The Redevelopment Director has not identified [my specific legal authority (Of' pi'Omotional expenditures from funds l>ctiw'cted /U redevelopment. WIllie we agree that eRA expenditures are required to be in accord.'lDce with !edevelopmefJt plans, such expenditures are limited to redevelopment activities (as defined by law), .'Iud general government operating expenf>'f:s Ilurek,red to planning' and Ctlfiying out redevelopmcllt pianD ace specific.'llIy prohibited by Izw. Therefore, rhe CRA could not legitimize the use of CRA moneys for promotion.'l} expenditllres through itlclusion ot' slich expenditures in its CRA plan or in its budlJet. Finding No.2: Contents of CRA Plans Section 163.362, Florida Statutes, I:'rovides requiremen ts for the contents of community redevelopmen1 pbns (CRA pbns), However, the requirements reg~rding (hr. contents of CRA plans vary widely depending on when :l en A approved and adopted its CRA Pbn, PnrSllanl (0 Chapter 84-356, Laws of Florida, CRAs cre~ted after June 25, 1984, are required to provide detailed ('R\ plans, including the projects tl1at will be undertaken, LIlt' financing of those projects, and time flame'3, ,',inet' tj,l~ Daytona Beach CRA was created in 1981, and h?,d m approved ~nd adopted CRA plan as of June 25, 1984, it is not required to provide the level of detail require,o of newer CRAs, The Daytona Beach CRJ\ Plans present varying degrees of specificity as to what projects will he accomplished in the CRA redevelopment effort W1U1i11 " designated area, Most contain some general objectives that ::tre vague regarding the method of ~ccomplishmelil and very few specific projects with long range accomplishment dates (e.g" within the next 10 yems) In response to several of om inquiries regarding the statutory authority or inclusion in the UtA Plan" tor various expenditures, the CRA indicated that 1t '\vas not required by the Community Redevelopmellt Act to be specific in its CRA Plans as to t11c projects it '.'rill undcrtakc or how CRA moneys will be spent. l'he c'Re\ stated that the Act "confers upon the Lty hoad authority to take various actions that 'are necessary 01' convenient' to carry out the I\ct's objective,," In response to our request for the reference in the CRA Plans providing for community policing innovations to support expenditures for tlIe acquisition of police cars and oper^ting expenses (see cl1scussiol1 Ul finding No, i the Redevelopment Director indicated that the Mat" Street eRA Plan contains an objective for 'thf stimulation and attraction of private investment in the redevelopment area" and tbat "the Plan identifie, rh,' high incidence of personal ~nd property C11rnes, <in'!}';; amI proStihltiOn as bctoJ:s that discourage pnv',lt, Investment" The Fedeveluprnwl nuCcI,., Indicated sirnilar Justifications tegardmg tbe Downu, ' D2UOllgh !:\U;Hl eRA Plal1 While the Act does not require the specificity of plOJe, details for those eRr\s creilted before 1984, the eRA hound by Sc'Ct10fl 163,387(6), Florida Starules, \vlti, i Je'111irf:S my expend1tures from thc eRA tmst (und te, ii' 1;1 acrr,rcbnc, \'.r1th thai wJlich 1, descnhed U1 tll" I !-",' Plan", I Lerefore, '- R 1\ PI~n~ ihouln descrlbf ,'I]fficient detail the illtcnded projects 8j1(1 expenditm,," i\' a result of insuffiCient descriptioJlS in tlle CRA Plan, r('g~rdi:ng \ne spel:ifi,' projects cU1'1kmplated 'icc(}!nplish rfd(',vcl()pmcn~ in d1r-; ('1{-\ arCl:; ,Jdl:'rn11ncd t!l~.~t seV( rill {'"-:pendituIcS did r.vl :-q.1]JV\i aut'-1''';7<,,1 in 'he (,1\,\ P1al", llnted 111 finding> Recommendation: The CRt." should i'cvise Ii' CRA Phns to include sufficient detail demonstrate that expenditmcs of CRA fuuds are ill accordauce ''lith Section 163.387(6), Florida Statutes. Such details would also serve to provid,' <:dditional information (0 the t~.xing authoritiv5 required to l:onttibute to the eRA and the public iiS 1O the intentions of the CRA and how it will accomplish its redevelopment objectives. Finding No.:): Appointment Of CR A Chair and Vice Chair :'CctiO,1 i 6:'\,356(3)(c), Horida Statutes, provide, that govtlning ]" ,1)' u[ the mClnlctpality sh"lI design;\l<: '~RA (bUt Gnd \'ice r,118ii' from among cr.Jnlnljs~1oner::: In .Attorney \-.~("-ner:-,d '- 'lpinion i'\l(j '19, the Florid;] AtlOmei' General staled, "1 nn'; ", plOvi\ion in Petrtlll, Chaptn 1(,''', [':-,,> \vhkh amhnll:u' :)1' nthuwise empowers rhe automatic assumption ot rf-> Ch?.ilmanship by the mayor" The, 'pinion [mlh" provided "that tlle citv comnussion n11'5' designate 111 Pare'i of 31 NOVEMBER 2007 REpORT No. 2008.036 , StateQ.1&nt..of. 8KPlanatiGnRegardina 22 Preliminary Findfna.s. Submitted 'to 'the State of Florida Auditot General's Office Qil N'9vemper 8. 20Q7 PreparaQ by R~e(t a~rger, Red~vel9pmf7nt Ditecto'r. Pity of Dayt(jna S$a.9h on behalf of the D?ytona Beach Community Redevelopment AgE;?ncy Findiug No.1: We n(lted several expeiiditllres that 't\'ere either not autbOrized by CIlapter 163; P3tt III, Floi'id~ St~tutes, 01' not in accordance with eRA Plan!!. Overall, it is our Ullderstandhig that eRA fund expenditures identified by the Ail,ditQ'f General as "riot aU.thbi'ited by Chapter 163, PaN Ill, Flonda Statilttts, or ':lot in t;l(;CQrpt;lT1pe with. eM Plans" were blldg~ted and' used fo)' eRA p\lrpose~ in accordf\nce witlI St~te. ,l~w lllld !pc91 plans. W9 note tbat app!jeab1e Stafute~ governing use of (JRA funds (Chapter' 63, Part IIJ liCortUilUl1ityRedevelopment Act of 1969") provIdes that the eRA make expenditures that further the $081s oftl1e adopted Redevelopment Plans. To tllat el1Q: the eRA reH~ \1PClrl the adejpted Redevelo-pmertt Plan and annual approve.d ~uQ.g~t for the QQl1curren~Q and autl10rity to make ~xprmditUl':~ tha~ fmther ~he gqais of the Plan. We also note tp.l}t the ~s~ of GRA flJnd,~ intl<l1<;ie,d to catty out thl:! goals of a R~developmel1t PhUlj including experiditJ,lre? for o-p.erath~& experises r~lated to, the iJiimrtin!5 and cal1yirig out of a eRA plan are allowable ~xp-ense$ hI the llbsenQe of statutory language setting forth speCifio prQhihJtiops to (he c:olltrary. An ui1portan.t pdnCipl~ apl)Jied to eRA fund expenditures is that the eRA tnOlues not'be a substitute for traditional general fUhd expend~lure~, but rather be used 'tOl' 'ienhanc~d\l or exti'aQrdina,ry opetating expelfs~s aM capital proj~ctsne9~11SaJY to ~arry ollt the goafs ortlle eRA. R~dl'lvelopmel1t Plall. To that ~1).9, tp'e C,RA 1,l11q.erw.lites the cost~ to build and m,~int1\in stre~tscape beautificatIof\, p(lrkE;, and other public amenitie.s together with ~dditlollal support 'services ~nd eqilipment neoessary to operate and maultam'the iJripro'Vemehts. We believe Section 163.370(2), Florida Statutes supports expenditures of eRA funds including the prolllotion of special events, i:Q.!3reased and concen,tra,ted police a.nQ ppd~ enfqr~ment. and other CQsts directly associated with pubiic improvements increased maintena!l~e ftmde(1 by the CRA tflteces~ary or conveltiel1t to carry out and effectuate lIte purposes and provisions" of redevelopment. Promotional Frxoenditul'es ~ The Audi.tor Oel).e~'al stat~ th~t the Downtowwa'allough RQad R~deveJ9Pij1~pt P!a)l p?-,ohtbits th~ use of eRA funds related to project financing. The report does I1qt state that this prohibition ~ppHes only in the context of a eRA policy regarding the financing o{"lH'ivate services and cOD1lDis$ions'i. This erfect of the Slatemel)1 of Explanilllo]'l Regarqlng 22 PrelimInary findjn9~ Submitted to the Slale of FlotkHI Audllor G,eneral's Office on November B. 2007 p~ge 10f 9 Page 23 of 31 NOVEMBER 2007 REpORT No. 2008-036 . prohibition, is t,hat, the eRA should not use CRA funds to assist ageveloper with marketing a project financed with eRA funds. III contrast, the Redev.elopt\1erit Plan contains the following Policies encouraging promotional expenditutes. Policy 5.4.4 Encourage the development of an Arts, Culture and Recreation DMrict that takes a4vantage ofbo\'ilHownIBaliough Road',s uniqu,e riverfrbJlt setting in order to oreatl;f, fl ciiffftr~ntjllt~d experience that improves the areas competitivene~s as a visitor destlnat~bn. Poliby 5,4.5 Support efforts to update DO\yl)toWn/Ballough Road Marketing sttateg~es in Qrder to improve the coordination aM oross promotioh 0 fall existingfplaIirled tlultund ap,d spf!Cial event attractions. PoUcy $.4.6 S~pport th~ coordin!lted d~vel.opm~nt, promotiQ,n, and su~t~iqe,d operation of existIng and proposed cultural and educational uses iI:l-c!udJng but not 1i~ted to: The Jackie Robinson Stadium and Ml1seuin; the Lively Arts Perfoimance Ceilter;ahd the Manatee Island EIWirbriInerttal Learning Center. Policy 5.4.7 SUpport current effPlis to bra.nd il!1d strengthen DoWptown I Ballough Road'(s position ~ll a slJec~~1ty d~ninglretai,l district with !;l speoial emphasis on food, enterlai1l1nent and special events anchorins the experience, Therefore it is our understanding that use of redevelopment funds for promotional exp~ridhares are ~nd\Vable inheyare consistent wi tb. the polides of th~ eRA RedevelOPPWl)t Plan. the direc.t and jrtdb:e~t investm~nt into c~ltai,n f;U'ef\s resulting from sl1ch activity is,just <me of many accepted metl).o.ds FiOlida cQnimunlties use to rev'itaJ!ze their redevelopment areas, Police. Related Exoenditur,es. We concur with the State Audhor's COl)cern th~t rpor~ sp\lcifi~ lnfonnati.on w01.rld bQ hc:llpful to 9yrnOnstl'.at~ how funding of aMitfolJl;ll vel1ides, equiinM~t and ~npcation of police Qfi1cers in the eRA districts ~ontributes to $e reduction. of c,time and is applil:;a'ble to <,'innovative cQ,lnmunity p()ltcing~' To that end the eRA intends to draft an updated community policing program that acCurately reflects the successful strategies employed by the new Police CWef. It is import~nt to not(\ that the expe,l1ditu,res. from ORA funds for Police operations Were intenc,ted to pe used for support over and above funds qlIQcated from the Generni Fund. The additional expenditures for these serv~c~s in the respective eRAs is necessary to address the cOlwentration of crim<;J that contributes to the disinveatm~ht in the eRA and disc{)iltages new investment. The te.aHocation of police resources to address crime within the eRA districts has proven to be effective in the last year and additional docurnentatfon will be provided to demonstrate the value of the expenditures for these additional servi~. Slale~nt of ~J~natlon ~egf,lr91n~ ?2 PreJlminary F.lndings Submitted to the State of Florida Audilor G~(\"raf's Office on November 8. 2007 Page 2 of9 Page 24 of 31 NOVEMBER 2007 REpORT No. 2008-036 pROPOSED. CRA ACTION the eRA wil1 requeSt r~inibuiseinent fro.m the City for CRA fund.s that it tin,dl:i w~re 6ith~r not authorized by Chapter 163, Part UI, Florida Statutes, Qr not in accordance with eRA PIli-us. b.1 ~4ditlo!1) the eRA will ~ta~lish procedures as soon 8S pract1Qal dun.ng the current fiscal Y(lC!lr tq, ellSl.lre th~t CRA truSt fund expendituxes ate aijt40nzed pursuant to Chapter 163) Part ill, Florida Statritesf and eRA Plans. The proposed actions referenced undei :Finding No.2 are aiso intended toad&ess this Fihdin~ Finding No.2: eM !Jlans were l:lOt in s\J.ffl~t~nt 4~ta.u t9 pr~)Viije t9r a d~t~rll1in,atlon tha~ CRA exp~~djtures were In a'CcordlWce wt~ the P{a,n$. PrRO.eOSEU eRA ACTION ''the OXM: ilite.trds to dever~p '~ tnon~ detailed Str~c.~p :rl).1p~~ment~tiok1 Plan Qv~r t1)e );1~xt fiscal YW d~igne(;l to olarify ,au4 \lP~ate the specific actions req~ed to carry out th~ go.ajs of the Pllli:l. Development of the Strategio P!all will include opportunities for residents, busit\eSses,ptoj5erty owners and their reSpective Advtsory Bolttds, in each CRA distriet to identify issues !Uta op,p~rtu:nities to Garry put th~ N!U1, Thl'~ugh this p'JlpIio ~view pr{)c~!l th~ eRA may det~l'!:nirte th~t 6pe. or n1qrf:l ofi~s Redevelopment P1anll ~hou1d be upqafed. . FindiugNo.3: Contrary to Section 163.356(3)(c.), FloridaStatute~, the City COlllltiission did net de:si~i1'ate a Chair ahd Vice Chair of the eRA Board. Find,ing ~o, 3 is ~A~~ on the A;u.c,titor Oeneral's u.nderst~n4jng that Section 16'3.35.6, Florida StaMos appHes where a go'(erning ~o~y c;leclll.re~ itselftp be the community redevelQpmeri~ ag~ncy as authorlz~d in Section 163.357, Florida Statutes. It has been the City's unQ,erstandine that Se.c.uon163.356 does not ~pply where, as .in DaytoDl;l Beaoh, the govcrning bop-y d~clares itself to bv the QOtrm1l.!I1ity r~lfeve]opm'ent agency. PROPOSED CRA ACTION The City' Con1ini$sion \\I-i11 be requested to designate the eRA Chair aild Vice ChaIr as required by Sect16i1l6).356(3)(c); Flonda s.t~ttlte.~. and doc.ument such d~ign,atio,n jn the m~eting minuteS of the gr;>vemiXIg board a.s early as the December 5, 2007 Conu,nission Meeting. Finding No.4: Gontral'Y to Section 2~6.011(1), Florida Statutes, the meetfugs oHhe eRA. Board were not always nodced. PRO~OS:&D,QlA ACTION The City Cornml$si911 meetings that will include eRA business discussions will be properly noticed as both City Commission and eRA Board meetings as early ftS the December 5, 2007 Comtilissi0n Meeting. Statement of 5xpfanaUon Regilr,Qlng 2~ Pr~l!mInw Flncl1ngs SubmItted to thl! State of Flol'kla Audllor Ge.l\&ral's Office on November B, 2007 Pag&3of9 Page 25 of 31 ~ ~, i 'i ! !If ~ .}j } I Gateways shall be planned and designed to provide acknowledgement of a unique area and jurisdiction. Gateways are visible landmarks that create a sense of entry and orientation They can be quite varied in design, from a high- quality sign to a water fountain or a sculpture, The Master Plan identifies gateways at key intersections in the study area, Eventually, gateways could also be incorporated outside the CRA along major corridors entering the City of Boynton Beach, Z <C Demonstrate a commitment to redeveloping the marina for the public, Protecting the marine industry is a cornerstone policy for the Master Plan, A vibrant and accessible marina encourages economic activity for Boynton Beach The strengthening of activity along Ocean Avenue will connect the economic operations in the Civic and Cultural campuses to the marina, thereby invigorating the marina and promoting redevelopment. A plan to redevelop the Marina is currently under study. --l 0... u.J l- V) <C ~ Whereas redevelopment and the location of new development in Downtown Boynton Beach utilizes existing infrastructure and reduces environmental impacts, green building techniques and environmentally sustainable practices will be incorporated in development activities within the stUdy area. Green building technologies and practices reduce the impact on the environment when compared to standard construction practices. Green building contributes to a healthier community, stronger economy, and reduces the long-term fiscal burden on the tax base, Green building incentives, such as priority permitting and tax incentives, are reviewed and encouraged in the Master Plan, I U <C u.J CO z o l- Z >-~ ii, Of, col !l! t~, ~;! r- Introduce convenient parking within the Downtown Boynton Beach near activity centers, Providing convenient parking is importantto retail and other commercial activities, without which redevelopment efforts could be unsuccessful and futile, Public parking decks are proposed within the Civic Campus and the Marina, Active uses envelop the decks on street level to ensure an active pedestrian environment. Workforce housing shall be provided wherever possible within Boynton Beach, and especially near employment centers, Many hard-working families struggle to find housing within their budgets, forcing them to commute long distances or live in sub- standard accommodations, This results in increased congestion and other service costs that are borne by every individual. Workforce housing is specified for the Transit Oriented Development District, near existing and future transit options, and near Martin Luther King, Jr. Boulevard within the Heart of Boynton, Every effort shall be made to encourage economic development and job creation, Economic development improves financial well- being of residents and overall quality of life for a community, When redevelopment proposed in the Master Plan is built out, an additional 500 new jobs will be added into the study area. \lfommul\itv Pnl[rin(!' Promote community policing policies between local communities and their police departments, The foundation for a community policing strategy is regular communications between private entities and/or residents and the police department and participation by private entities in creating and maintaining a safe environment In their surroundings Also, the police can communicate with private entities about crime prevention and standard police procedures. resulting in a better informed and safer community, A mini-precinct is incorporated in the Master Plan located along Martin Luther King, Jr Boulevard and within the Heart of Boynton Addressing the public comments and issues is a key indicator of success for the Downtown Master Plan The framework below provides guiding principles that address those issues concerning the community The Boynton Beach Downtown Master Plan IS a 20 year vision, synthesizing the many eXisting plans and regulations Into a focused. cohesive plan The Master Plan is built upon a framework of guiding principles in land use, circulation and urban design, The guiding land use principles for the Master Plan are Create a mixed-use downtown core of activity that is family-friendly Create a cultural center around existing cultural providers Repurpose underutilized commercial land Protect single-family neighborhoods Provide improved public access to the water Improve connections to existing greenspace Provide community services near neighborhoods A central element of the Downtown Master Plan is protecting established single.family neighborhoods while providing areas of concentrated residential and commercial activity H f) i' hi 11 1 P. r:,', \' The pnmary area of concentration is the Transit Oriented Development (TOO) District located along Fedelal Highway between Boynton Beach Boulevard and Ocean Avenue The long- term vision for this al'ea IS to be a vital mixed, use dlstnct centered on a transit station 1 he plan builds on the existing activity at the Manna and extends It west towards Ocean Avenue and the Cultural Campus Another concentration of activity IS the Cultural and CiVIC Campuses The Master Plan builds on the existing uses and redevelopment potential Inherent In these areas by organizing cultural providers around the Children s Museum and civil providers around the new library The Master Plan prOVides a system of linear parks creating connections between eXisting parks the Intracoastal Waterway, neighborhoods and actiVity centers The properties to the east of the railroad corridor currently under utilized commerCial and vacant properties are transformed Into a linear park The park connects the Canal to the new TOD Dlstnot ano transit station establishing all IconiC gateway Into downtown Boynton Beach The final prinCiple, prOViding services near neighborhoods IS accomplished With the creation of two smaller neighborhood commerCial nodes each at the Intersections of Martin Luther King Boulevard With Sea crest Avenue and Federal Highway The Downtown Master Plan addresses the following Circulation goals Improve connections between bicycles transIt. and pedestrians Improve Circulation by IntrodUCing new streets and maintaining the existing street network Cl; V\ r-t (1) "D Cl; :J ... TranSit Unen!ed Development ITOO! (hsrnets urovldf: tranSIt- SUPPC'-!IV<<"' densities and pedes111c'(, fnendiy arnHI!t!e,~ 95 Boynton Beach Downtown Master Plan Phase 1: 1- 2yrs Phase 2: 2-4 yrs Phase 3: year 5 5 Year Action Plan* Economic o.lVI>Iooment Economic FaelIltate land assembly ~~~ relGllant partnetSlproperly ownOll! for opm;lflc pro)eclo 10 Staff Hours Boynton B&ach CRA Operating ED.1 Ongolnn Land Assemblv Assistance Oeveloomenl where oubl;c-_e oartnorsh Is the most """"",;iale ImDlomentatlon Stmtcmv, MonIhIv CRA Funds No No Develop a redOlf""'prnont program for tho rolocatlon on City Hall 10 tho Civic Campus. CivIc Compus Devolopmonl Economic lhe devolopmonl ole cMe plaZa, and the repurposlng of significant $lIlJCltJres Including 1f2 lime project Boynton Beach ED-2 1 Proaram Develoomenl tho old HlOh School which wll conlributo 10 tho Civic CaroN"'. manROor CRA Yos Yes Economic Benl< of America and Forst Financial Conter Priority redevolopmeni sitos wlth packagod 1/2 time project Boynton Beach E{).3 1 TOO DlsIrict Assembly DGVcloprn",,1 Incentlvos. manager CRA Yes Yes E1qlloro feasibility of establishing Economic Undetgo en Enlet'pllso Zone f"""lblllly study 10 determlno if lloynton Booch moots the Boynton Beach eRA Operating E{).4 2 an Enterprise Zone Development stale mqulrernenls for Enlorprise Zonos, 80 staff hours CRA Funds No No CRA Oporallng Establish Brownl1eld AroaISlle Economle The program allows the City of Boynlon Beach 10 access a range 01 funding sourc:os 10 Ilo)Inton Beach Funds E{).S 2 dcslgnatlon program D<>vol"""",nt help remed1alofdoan up $lIes within tho projacl """'. 160 sla1l'hour CRA lor "IB" lime No No Policy ProvIde marlwl-based donslty bonuses 10 oncourngc tho conslNction ofmlxcd-lncomo, affordablc housing and the dcdk:aUon 01 frontage cas<>monts. Program may noed 10 be Boynlon B08ch CRA Operating Densily Bonuses Redevelopment rcvll>wod and refined regularly to evaluate lis sullabHlty, 200 staff hours CRA Funds No No Green Bonding Delormtne approprlato packago of groon building Incenllvos and lund. Targot priority Boynton Beach eRA Clpera'Jng Green Building Incentives PolIcy redevelopmenl sRoo. 80 slaff hours CRA Amds No No & Soaerest node end Oceen Awriue "()ampinJ a focus on commercial pt'Qpcftlos wIlhln tho study area. CRA. dollars can be used 10 fund ., enhanced peUco e1f0l'ls. The designated perl of /he pcl!c. forco should"""" regular , ..... eRA Oporattng nlhly meetings with area bUslnc$$es and resickln"', City! CRA Funds No No To tho exlon: pO$S;t>Ic Idontify signlflconlstructu"'s wIlhln tho project a",.. that are Boynton Beach CRA Operating candldalos for red!lV<>lo onl!re u and remmln , 20 hours CRA Funds No No P-1 P-2 P-4 Phase 1: 1-2ym Phase 2: 2-4 ym Phase 3: year 5 Boynton Beach Downtown Master Plan 5 Year Action Plan* 96 ~ UD.2 LUD.3 j I \ UD-4 .1!9-5 -- --1.0~6 Cultural CorrIdor Dos/anallon Strootscapc Eascmont en oinQ A isUion Pram Federal Highway Gatewavs & Parks 2 E 3nded Vy:wOndlna SicnnQc Urban Dcsi n 'Jrban Oesicn Urban Desion _. Urban Des! n UTban DesiQn_. Expanded StrcotsC<Jpf.!S along Ocean A\.renue jUrban DcSiQ.!i !Trnnsi- 'I ! I I !~2+,_.. I i t i.__:~ ~_~L_= Crllicol Street Cros~lrq~:... Pcdcstrl;:m Conncctivity P13,;' Downtov-m TroH8Y Routt- Allom<:ltlvo 8 Downtown ParkinQ Dock I I 'I Pedestrian, --redo't""" I _~__ ITmf\SpOr1~~~._ I _lpar1<lnQ _" Rnlnfon:c tho ;ocal art & fishing Village theme from the Marir.a along Oeoan Avenue to !he Civic Plaza. Incrcrnontally construct proposed stroetscapcJpedostrian roalm as easomonts or proporty are acquired along the right-of-way. i"eludlng addition of proposed modlan whore lanned, Partlculart within the TOD DIst~ct and Ocean Avenue, Construclgste...,ays atlhe Intorsecllons of Fed""" Highway and Ocoan Avenue and Federal Hlchwe and Martln Lulher Kln ,Jr, Soulo""rd. Expand exlstlng wayl!ndtng slgnage Inlo Ihe TOO Dlstnct and Ihe Civic and Cullural Cam Us.es. l"ldinQ si na e ~tcm Federal HI hwa I. Expend stroo1SCSpoS along Ocean Avenue noar Federal Highway 10 Improvo visual linkage between Iho Marin. and the Civic and Cultural Campuses. This project COuld also Indude cnharced Intersection design to Improve tho linkage. Schcmolic dE:l'Slgn ~hould lncIudo preferred materials such as hsrdscape mnterials. stroet crossings. bencnes, street fiqhtIM. odosldan II htlna.oarba 0 cans, bus slo s, $10.000.000 100.000 $75.000 $3.000,000 40.0JO Boynfon Beach CRA I Yos Yes Boynlon Seach -: CRA Possib Yos Boynlon Beach eRA Operutng P1 CRA Funes No Boynlon Se,ch eRA Operating eRA Funds No No i 80\,"lon Boa~h i CRA --.--.- Yes T ; eRA Opcffitinp !::unds. Improvement key slreet crossings to Includo ADA accessibility, crosswalks. striping, Improved pedostrian crossing sign~ls. and pedestrian refugo Islands. Ocean Avonuo and Federal H' hvro arc dcslqnatod as rlorit areas for recommendod I vemonts Dovelop a pedestrian connectivity plan for tho Marina arM through !he TOO district I connecting tho Cultural and Civic Campuses, inclUding cxisUng pcdcstrlDn connectlon:- I and roooscd future estrlan connections, l .B5,ooo_ Expanded roota as recommendod in the Tmnsit ~!;~:I::::~~:~tU:~O.~~I:;~~~ll""" within the proposed TOO district and Cultural and Civic Camp,sos will provide nceossary ridershl 10 su rt the rocle $d50,OOO OCr year Construct a. parking dock t1ear tho intemccllon or FcdorDI Highway ~md Boynton Bene"," Boulevard 10 rovlde conveniont arkln<'1 for ncarbv rcdovol mont activl S320.0g0 , ._, $5,000.000_ I I --1-. 80Vi)tor eRA I : I "~__...:i"--"+ ' ,{C,_ i I -f- NoL_:0" I Nt E Yes" --'--'- 'I ' . Nc .. -L_ Yes ~ I eRA Operating ".~~_. B1:wnron eRA BOV11ton eRA eRA Oporullng Funds Parking Revenues, Rcnt::f Fees, eRA ..~ , j Bovnton ORA d \~), ,"'t., / "~~! ~~~'tY~Te~lcRA . East Side-West Side-Seaside Renaissance eRA BOARD MEETING OF: December9,2008 I I Consent Agenda I X I Old Business I I New Business Legal Other SUBJECT: eRA Web Site SUMMARY: At the November 5, 2008 CRA Board Meeting, Board member Rodriguez added to the agenda the CRA Web Site as an agenda item. The following are the meeting minutes: "Vice Chair Rodriguez inquired if any other Board members were aware that paintings were being sold on the CRA web site. It was interesting that staff was posing in front of the pictures with links run by a web site run by a relative of staff that sells paintings and was best friends with the Executive Director. He did not understand how City resources and City staff could be used to sell paintings. Ms. Bright was not aware of the links, but did know the art in the office was for sale. Ms. Ross advised when she toured the office the artwork had been highlighted to her and it was beautiful. She was not aware of the link on the website. Vice Chair Rodriguez opined there was gross misconduct and warranted immediate action. Mayor Taylor asked the Executive Director to look into the allegation. Ms. Bright agreed to make a report at the December meeting." The attached document outlines the history of the CRA web site as well as the CRA's involvement with public art. FISCAL IMPACT: None. CRA PLAN, PROGRAM OR PROJECT: BB Community Redevelopment Plan RECOMMENDATIONS: None. A.. Isa Bright Executive Director + T:\AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS\Completed Agenda Item Request Forms by Meeting\FY 2008 - 2009 Board Meetings\12-9-2008 Meeting\CRA Web Site,doc Responses to statements made at the November 5th eRA Board Meetina: Rodriguez Statement: "Vice Chair Rodriguez inquired if any other Board members were aware that paintings are being sold on the CRA web site." Response: CRA staff has not in the past nor currently sold any artwork on loan in the CRA offices. CRA staff has no knowledge of the price of the artwork nor does the art have any prices displayed on it. Rodriguez Statement: "It was interesting that staff was posing in front of the pictures with links run by a web site by a relative of staff that sells paintings and was best friends with the Executive Director," Response: The head shots were replaced by active shots in the office while conducting work. The artwork on loan adds a sense of style and creativity to the workplace. Similarly, on the City's website it is stated "Enjoying the surroundings - city employee, Debbie Majors, notes, 'The artwork helps me slow down and take notice and enjoy my surroundings. We live in a very fast paced world, Seeing a giant turtle, a colorful sculpture or mobile, in the midst of offices, partitions and doorways is unexpected. I stop to enjoy it, even if only for a brief moment. "' Board member Rodriguez does not have a personal relationship with the Executive Director; therefore, he is not an authority on who is the Executive Director's best friend. Rodriguez Statement: "He did not understand how City resources and City staff could be used to sell paintings." Response: CRA staff does not sell paintings; therefore, CRA resources are not used to sell paintings off of the CRA web site. City staff does sell paintings off the City's web site for the Avenue of the Arts Program as well as other approved Public Art Programs, Rodriguez Statement: "Vice Chair Rodriguez opined there was gross misconduct and warranted immediate action." Response: For "gross misconduct" to have occurred the onus is on the governing authority to provide clearly defined expectations of acceptable and unacceptable conduct. This artwork on loan has been in the CRA offices since July of 2006 and was approved by the former CRA Board, No piece of art has been sold by CRA staff. The City Commission became the CRA Board on June 19,2007. Now is the first time staff is hearing that the eRA should not have art on loan to exhibit in its offices, ResDonses to statements made in RodriQuez's email sent November 7. 2008 at 6:00 D.m.: Rodriguez Statement: "The fact remains that this was not approved by the board, nor did anyone have knowledge of it. Bottom line the CRA does not have an approved program." Response: The City Commission received the CRA Audit for Year Ended September 30,2006 at the February 2007 City Commission meeting. The document was delivered as part of an extensive package to defend against allegations toward the CRA Board. It is a statutory obligation that the CRA Audit be included in the financial statements of the City of Boynton Beach which are provided to all City Commissions for their review. Board member Rodriguez served as a City Commissioner in February of 2007. On March 13,2007, the CRA Board approved the "support to local artists" program and the Heritage Fest Art Show served as an "in-kind" exchange for the art on loan exhibit at the CRA offices. Rodriguez Statement: "The CRA web site was recently redone adding the nice pictures and staff posing which includes the link to the sales page. All this at Boynton Beach taxpayer expense. We recently approved all funding and projects for 08/09, this was clearly not one of them." Response: The CRA web site currently has links to sales pages for The Promenade, Las Ventanas, Two Georges Restaurant, Banana Boat, The Preserve and many other sales sites. The two murals in the CRA offices were paid by marina slip rental revenues not TIF revenue. Tax increment revenue is a tool available to cities and counties to execute redevelopment activities once the governing body of the municipality determines it has need for a redevelopment area. Tax revenue increases in real property value are referred to as "increment." The City and the County will continue to collect the original "frozen" taxpayer value; however, the increase after redevelopment occurs will be deposited into the Community Redevelopment Agency Trust Fund. Technically, the monies are no longer taxpayer dollars but serve as a revenue stream used for specific redevelopment purposes within the targeted area and are no longer available for general government purposes. The revolving exhibit of Caribbean artwork has been in the CRA offices since July of 2006. To date, no TIF revenue has been spent on the artwork, nor has any artwork been sold out of the CRS office by staff. Rodriguez Statement: "It's interesting that one of the Executive Director's best friends and the Marketing Director's sister is the one that gets to have pictures of her paintings and a sales page link through the CRA's web site. These personal relationships indicate a clear conflict of interest for an unapproved project. Our previous CRA Director was terminated for having a similar situation." Response: When questioned why the Marketing Director placed the link on the web site, she reported that the site is constantly changing and we have many other sales sites listed elsewhere on the site. She added since staff has no details about paintings and such a small staff, the link was placed on the site to alleviate any unnecessary calls possibly made by the public inquiring about the art, The former CRA Director, Doug Hutchinson, was NOT terminated, He resigned, Chronoloav of CRA's web site & support of Public Art: 1.) 1983-CRA Plan Implementation requiring management to execute the following three elements: 1.) Promotion, including special events, advertising, and sales; 2.) administration, including recordkeeping, maintenance and security; 3.) business development, including leasing, sales, market research and attracting new tenants. 2.) 1998-Sun-Sentinel, Sunday, November 15th article "Culture on Canvas" Bright executes first juried exhibition of Haitian art in the Country in conjunction with the Haitian Art Collection. 3.) 2001-City Commission Meeting-Process for Artwork in City 4.) 2005-CRA Board conducts national job search for contractual position of Assistant Director. Lisa Bright is selected in a competitive national job search for her education and experience in working with diverse populations, human resources and finance with the overarching goal to assemble professional staff and create internal office infrastructure. 5.) 2006-CRA Board directs staff to find suitable offices to accommodate the staff in one centralized location and continue to develop the CRA Brand and image. The offices were painted Caribbean colors and the art on loan program implemented as a "no cost" way of creating a positive work environment and promote local artists. In exchange for the art on loan program the artist's would be required to conduct an art show during the Heritage Fest Celebration. 6.) 2006- Audit Findings revealed the following condition: "The CRA paid for artwork in their offices, which meets the definition of a public place. Florida Statutes does not allow artwork to be paid for using TIF revenues. There was no evidence that revenues were officially allocated from sources other than TIF to pay for the artwork." ManaQement Response: "One of the CRA's initiatives is to support local business. All art in question was created by local artists. The art was funded with revenues from marina slip rentals and no TIF funds were involved." The CRA Audit for Year Ended September 30, 2006 was provided to members of the City Commission at their February 2007 meeting. 7.) 2007 -Photos of attendees at the Heritage Fest Art Show held at the Children's Schoolhouse Museum. The art show was coordinated with Debby Coles-Debby, Public Arts Administrator and the Haitian Art Collection. This fulfilled the CRA Board's request for in-kind exchange of services. City Commission meeting minutes in which Vice Mayor Rodriguez thanked everyone for their good work on the Heritage Celebration. 8.) At the March 13th CRA Board Meeting the CRA Board approved Item H- Support of Local Artists on their Consent Agenda. 9.) 2007-March 13th CRA launches new web site switching from an "org" site to a "com" site to allow economic development linkages to other businesses. The site now allows for daily maintenance to be conducted by CRA staff in- house. The site at any given day can provide various links to other local businesses, chamber events, city events, developers, sales offices, etc. 10.) 2007-March 13th the CRA Board approves the "Avenue of the Arts" by executing an ILA with the City. 11 .) 2007- April 3rd - City Commission adopts Arts Ordinance. 12.) 2007- May 15th City Commission meeting under City Manager's report unanimously approved the Avenue of the Arts program which relieved the CRA from funding the program. Artwork is currently for sale on City's web site. 13.) 2008-City staff comments on how working with public art around them improves their environment. Some artworks are on loan and others purchased. 14.) 2008..0ity 9~mm;~E)A"~ to~~~f,f" .8;600, Sea Turtle art piece, from mm'ler;~rtsCommi~ner-AIif('8.tiUl"Lieu. 15.) 200B-CRA Board approves Economic Development Plan which specifically provides for expansion of CRA web site to promote small business development endeavors. 16.) 200B-email from board member Rodriguez. 17.) 2008-City's PIO director provides useful legal information regarding advertising on web sites: the CRA is a "dot.com" and is within the appropriate legal guidelines for the site. 1B.) 2008-PBP article re: Sharon Bock's office; this is similar to what the CRA is putting in place for the agency's site. " SOynton~ Beach community. Redevelopment Plan' \ \, Boynton Besch COfnnJunity RedevelOpment Plan November -1983 Boynton Beach Community Redevelopmenl Agency -C'hairmanHa;l.nk Thompson Vice Chairman Sam Schein$r Dale Hatch Capt.; Donald McKone - Don Combs Consultants Urban Design Studio Project Coordination/Urban Planning Regional Research Associates Economic Analysis , Kenneth Hirsch A~sc.. Inc. Architecture/Urban Design Howard Searcy. P.E. Environmental Engineering Michael e~ Seho'rah & Associates Civil Engineering Ken Rogers. P~. Traffic Al'Ialysis Charles W. DeSanti Community REKievelopment .... ~ c ~ ~ Plan Implementation G INTRODUCTION In many instances, the success of redevelopment wi 1 1 be predi- cated on the community belief in the potential of the Community Redevelopment Area. This belief is manifested in implementation programs designed to stabi 1 ize, create, enhance and/or reassure the market forces to ensure an economical I y vi a b Ie p 1 an for implementation. The Community Redevelopment Act, Chapter 163, Florida Statutes, establ ishes a framework of needs. tasks, goals and minimum criteria for redevelopment plans and sanctions the financing mechanism known as Tax Increment Financing (TIF). However. the redevelopment strategy is much more comprehensive than any two (2) financing mechanisms, and a TIF program alone will not yield desired results. The community leadership will determine the successes and failures of a comprehensive redevelopment program. This section outlines the leadership role that the CRA should undertake and describes the methods and techniques that are available to both the CRA and City Council and that will enable the City to achieve its Redevelopment Plan objectives. The critical pol icy tasks to be undertaken by the CRA fall into the general categories of attracting investment to the downtown, guiding physical improvements, and supporting and extending the effects of these reinvestments. To achieve this program, the eRA w ill nee d the sup p 0 r tan d g u i d a n ceo f the C i t Y C 0 u n.4: iI, assistance from City departments, and technical expertise from its own staff and consultants. The various components of the plan will be undertaken step by step, with timing and ~rogress being dependent on funding and the success of the initial steps. ,oil< The day to day administration and leadership to accomplish the Plan's goals will come from the CRA as the implementing body for the City Council. The CRA will be expected to mobilize the technical staff necessary to enhance the existing city personnel in order to implement the Redevelopment Plan. Of particular importance will be the CRA's role in encouraging private sector participation for implementing the plan, and its ability to work with programs that can accompl ish private sector investment. While the ultimate decisions to approve or undertake a specific action, such as the abandonment of rights-of-way, often lies within the City Council. the significance of an aggresive CRA involvement in the decision making process cannot be overstated. , €. ff" '" eRA MANAGEMENT To support and increase the impact of many individual redevelopment efforts, management wi 11 be needed. Such tasks as promotion, improving security, recruiting new businesses, and ensuring a well maintained environment are important to support a reinvestment program. These elements are particularly important in support of an expanded urban area. Management is required in at least three general uses: G-1 J 1) Promotion, including special events, advertising, and sales. 2) Administration, including record keeping, maintenance, and security. 3) Business development, Including leasing, (where appl icable) sales, market research and attracting new tenants. J ~ J Through this plan, management is keyed as Important in the overall success of the plan as proposed herein. In that regard, the Community Redevelopment Agency must develop short, medium and long range goals, objectives, policies and programs all designed to achieve the ultimate end, a vital, successful, economically productive urban community of which the citizens can be proud. The CRA must, therefore, use this document as a bench mark from which to develop additional technical reports whiCh will be designed for a specific implementation (i.e., old town/special taxing district improvements). , I 1 CRA MANAGEMENT AND COORDINATION To fully develop a comprehensive redevelopment program the CRA must closely' coordinate with the City Council with respect to ongoing ordinance development and existing regulatory functions, presently sponsored by the City. Areas with immediate opportunities for implementation are as followsa Comprehensive Plannlnga '" Section 163.360(2)(a} of the Florida Statutes fequires that the Community Redevelopment Plan conform to the City of Boynton Beach Comprehensive Plan as prepared under the local Gov~rnment Comprehensive Planning Act of 1975. The following Comprehensive Plan amendments should be adopted concurrently with the adoption of the Redevelopment Plana Land use designations in the CRA include Low and High Density Residential, Local and General Commercial, Recreational, and Public and Private Institutional Governmental. The Low Density Residential and Recreational designations occur outsi~e the Downtown Center and are not recommended for change. The three ,.. e z 0 n i n g s r e com end e din S t u'd y Are a s 1, 2 and 6 w III not r e qui r e any change. (See page G-4) Because the Downtown Center envisions a number of potential IImixedll uses (see Exhibit F-3) it is recommended that the area be designated as IIDowntown Centerll on the land use plan. This approach would permit the adopted Redevelopment Plan, as referenced in the Comprehensive Plan, to guide downtown development. G~2 Code Enforcement: Coordination within ~ Sui ldinQ Inspection Oivisions - one mechanism to help in achieving rehabil itation is a sensitive code enforcement project that, in an orderly fashion, inspects existing older buildings to ensure that minimum building standards are maintained. A sensitive code enforcement program (working with building owners) will result in renovatioG investment that produces improvements that surpass city minimum requirements. Right-Of-Way Abandonment: Abandonment of R/W is a proven positive incentive to the private sector for investment in the urban area. Unnecessary R/W can be dedicated back to the developer thus creating a more flexible design opportunity and real istically reducing land cost, which will positively impact the economics of the project. Referenced in the Text of the Plan is an immediate opportunity for the CRA to adopt a R/W abandonment policy. ~ Acquisition/Assemblage: An important tool for the eRA to utilize is the technique of Land Acquisition and Disposition to qualified developers for projects deemed consistent with the plan. The assemblage program can be~as direct as acquisition and as indirect as sponsoring an appropriate ~/W abandonment program, which will serve as an incentive for developers by reducing land costs. There are a variety of alternatives to secure land for redevelop- ment. CRA direct negotiations with property owners for purposes of assembl ing potential parcels is simple and direct, Establ ished leaders in the community, on the other hand, may be able to encourage property owners to pool their holdings, for sale directly to interested developers. In any event, the CRA must be in close contact with key property owners maintaining open lines of communication throughout the redevelopment process. Marketing & Promotion The most visable management responsibility will be that Marketing and Promotion. To a great degree, this effort will the tempo for community support and will be the single important mechanism to inform the community about redevelopment effort. of set most this G-6 The flrst step in coordinating a meaningful Marketing Program, is that of determining the positive aspects of the redevelopment effort. The intra-coastal waterway, reinforced by the suggested plan improvements is the basis upon which to build a successful marketing program. The New Boynton Beach Boulevard and Bridge improvement program is another key publicly financed improvement that must be used to promote the public committment to the downtown redevelopment effort. Keying on access, circulation (vehicular and pedestrian) and parking as referenced in the plan, in terms of convenience to the consumer,will establ ish a positive base upon which to build this comprehensive marketing effort. ,The Marketing Strategy must incorporate every possible positive aspect of the urban area, thereby heightening the perceptions of the public (both locally and in the secondary market area). The CRA must consider the need for identifying responsiblity of this marketing task to one individual for purposes of coordination. This may be an in-hou~e staff member of the CRA, a City Staff member or, given the importance of this function, a professional marketing consultant. An alternative to CRA day to day implementation of this marketing effort would be to organize the downtown interests into an association which would have, among others, the responsibl ity of developing the marketing strategies. ~ Recommended promotion techniques include: (1) Calendar of Events - Monthly downtown concerts, and exhibitions~ coupled with a retail sales effort, have proven to be successful. (2) Media Involvement Radio/TV/Newspaper: developing, contacts in each area is essential to information descemenatiob. (3) Logo/Identity Competition - Involve the community/county in a design competiton. (4) Signage/Graphics Program - Once a graphic logo-identity has been established a program for incorporating this identity on all signage and graphics associated with redevelopment activity should be adopted; e.g. a sign stating: IIThis project/event sponsored by the Boynton Beach Community Redevelopment Agency.1I (5) Entrance Identification Program - Keying on entrance identification into the downtown redevelopment area is a relatively inexpensive project that can be implemented immediately. By properly promoting this effort with a IIribbon cuttingll ceremony, media involvement and an appropriate logo/signage program the eRA can "kick-off" the redevelopment process. G-8 I I (6) landsca~e lmprovement~ - Small scale, but immediate, improvements can boost community confidence in the potential of downtown and the significance of the Community Redevelopment Agency. It is recommended that initia11 these improvements be focused on the corridors leading into the Downtown Center. ~ (7) Slide ~ Program/Speakers Bureau - 'With or without a slide show program, a speakers bureau available to all interested organizations is a must. (8) Illustrative Graphics - Even before the adoption of specific design guidelines for the Downtown Center, illustrations of "what cou 1 d bell can be prepared for pub 1 i c view i n9. The exhibition of University of Miami student work 1s along these lines. PUBLIC IMPROVEMENTS Water., Sewer ~ Drainage Improvernents In many instances the CRA must address expenditures re1ating to the upgrading of the general infrastructure system in the redevelopment area. However, Boynton Beach has developed a well through out infrastructure plan which is in place and, therefore, will relieve the CRA from concentrating its funding to upgrade the system. As a result, eRA funding will be able to concentrate on other necessary redevelopment expenditures. Based on the proposed development program for the Downtown Center. an analysis of the impact that the proposed projects would have on water, sewer and drainage services was done to determine the adequacy of existing facilities and/or propose a means of expanding these services to accommodate the projects. For the purpose of this analysis it has been assumed that redevelopment outside of the Downtown Center would not be of the same magnitude and that, while redevelopment would often involve the upgrading or replacement of existing structures and uses with newer structures and more economically viable uses, the additional impact on water, sewer and drainage services would not be significant. The analysis concludes that the proposed redevelopment will neither strain existing facilities nor incur improvements. (see following pages, for justification). project costly Electrical Power, Telephone and Natural ~ F.P.&L.. Southern Bell and Florida Public Utilities have Indicated a willingness to cooperate and assist in the design and Coordination of future utility installations and relocations. G-~ \ PB Sun-Sentinel. Sunday, November 1 b, 199H 38 LOCAL CUL TURE ON CANVAS Milagro center in Delray Beach features juried exhibition of Haitian art. Brlgbt By SARAH LUNDY SWrtler DELRAY. BiACH - Eleven artists have hung more than 50 paintings in the Milagro dos cen- ter for what is being billed as the first juried exhibition of Haitian art in the country. "When you see the paintings, you see they are rich with cul- ture," said Lisa Bright, president of the Milagro Foundation, a non- profit group working to promote cultural awareness and "help people help themselves," The paintings. ,on display this weekend, are fUll of color and messages, In one, men and women aboard ships reach out for others floating in the surrounding pale .blue acrylic sea, The sails look like they are made of mix-matched rags sewn together, a mark of the great lengths travelers have gone to in seeking freedom, "Tltat's making a political statement," said Katie Barr, own. er of 'Haitian Art Collection, who selected this artist. Inatace AI. phons,e, and others for the show. "It's poignant." The exhibit is one of several gied shows the Milagro Founda- . has planned to highlight Del- ray Beach's cultural community. The top artists will be awarded $3,000 for first place, $2,000 for second and $1,000, The juried exhibit started on Friday and will be open to the public at noon-3 p,m, today at Mi- lagro dos on Northeast Sixth Avenue, The pieces, which are for sale, can be seen the rest of the week by appointment. "This is to give them more ex- posure," Bright said of the artists, The foundation plans to orga. nize a juried art show for Carib- bean artists in February, The nonprofit group also is working to be an umbrella group to dozens of programs that focus on improving the lives of children, Bright, who is the executive di- rector and only staff member, moved into the foundation's building, the Milagro Center, on 101 SE Second Ave. during the Halloween weekend. Next month marks the one-year point for the foundation that was started with money from Tom Worrell, a local businessman who is working to revitalize homes along the Swinton Avenue area, His company, Dharma Hold. ings Limited, donated about Yvon Jean.PieHc's Vegetable Market, abovc, and Henri Pelissier's Mother alld Daughter, at right, are among morc than 50 paintings at Ihe cxhibit. $700,000 to help redevelop and operate the Milagro Center and Milagro dos, Worrell helps out with operation costs. Bright said. But time is limited, she said, hefore she must be self.sustaining. "I'm under the gun," she said, Bright said she needs about $250,000 a year for operation costs. She received some dona. tions from private citizens and plans to conduct public fund-rais- ers next year. Milagro is a combination of what Worrell wanted and what Bright could make happen, "Tom wanted to have a charita- hie presence in the Delray area," said Rodney Romano. Dharma's general council. "He met Lisa and came up with Milagro," Some programs aimed for next year include art therapy classes for adults and children in English and Spanish, yoga classes, kung fu and tai chi. Another cultural event is planned for New Year's Eve, The center will have a Brazilian showcase, ll1Clllding entertain. ment and food. "When you see and experience these pictures, it helps you un, derstand the different cultures," Bright said, ~ Meeting Minutes Regular City Commission Boynton Beach, Florida @) April 17, 2001 J. Approval of Payments for SHIP Grants totaling $31,359 to 424 SW 10th Avenue ($15,000) and 1629 NE 3rd Street ($16,359) K. Ratification of Community Redevelopment Agency (CRA) items: la. Lot 14 &. Portion of 15, Block I, Happy Homes Heights - (Willie Ward) - Request relief from the LDR, Chapter 2, Zoning, Section 5.f.2.a. to allow a single-family home on a substandard lot zoned R-2 including variances for lot frontage, lot area and rear setback lb. Lot 15 (Portion) &. 16, Block I, Happy Homes Heights - (Willie Ward) - Request relief from the LDR, Chapter 2, Zoning, Section 5.f.2.a. to allow a single-family home on a substandard lot zoned R-2 including variances for lot frontage, lot area and rear setback Mayor Broening removed Item K since a card had been submitted. The person that submitted the card requested that the card be removed. Motion Commissioner Black moved to approve the Consent Agenda. Motion seconded by Commissioner Ferguson and unanimously carried. VI. CITY MANAGER'S REPORT: A. Process for Artwork in City Mr. Bressner stated this is a request that staff develop a procedure for the provision of art in the CRA. A staff team is addressing this project with the possibility of establishing an Art's Commission. The team is also being asked to develop a process to include art on public and private property in the CRA that would encompass murals and other works of art and would also involve the development of standards and criteria to distinguish between what is art and what is marketing. Mr. Bressner requested that the Commission request that staff continue with this work via a motion. Motion Commissioner Fisher moved that staff continue in the direction it is going with regard to artwork in the City. Motion seconded by Vice Mayor Weiland and unanimously carried. B. Status Report on Possible Improvements to Girl Scout Park 14 Information Only (NO BACK UP FOR THIS ITEM) Information Only (NO BACK UP FOR THIS ITEM) '" ''-. BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY INDEPENDENT AUDITOR'S REPORTS, BASIC FINANCIAL STATEMENTS AND REQUIRED SUPPLEMENTARY INFORMATION For the Year Ended September 30, 2006 DUFRESNE & ASSOCIATES, CPA, PA 357 STILES AVENUE POST OFFICE BOX 1179 ORANGE PARK, FLORIDA 32073 (904) 278.8980 PHONE (904) 278.4665 FAX (9 Additionally, the Rules of the Auditor General require that we address in the management letter, if not already addressed in the auditor's reports on compliance and internal control, whether or not recommendations made in the management letter delivered with the prior year audit report have been followed and otherwise apply. The prior year recommendations have been followed. The following is a summary of prhl] year recommendations: ACCRUAL BASIS OF ACCOUNTING Condition: At present, the CRA keeps its general ledger on the basis of cash receipts and cash disbursements, whereby certain revenues and the related assets 8JT recognized when received, and expenses are recognized when paid. Recommendation: We recommend that the accrual basis of accounting be considered. Under that basis, revenues and the related assets are recorded when earned and expenses are recorded when the obligation is incurred, The accrual basis is required by generally accepted accounting principles since it results in financial statements that reflect the complete effects of the CRA's (GAAP) financial transactions for a period. Management Response: As of November 2005 the CRA has employed a new fincU1cial software platform that will allow the CRA to conduct its financial accounting on an accrual basis. Henceforth, all expenses incurred in any fiscal year will be charged to the correct year for budgetary purposes. The CRA will also employ purchase orders to help accomplish the necessary fiscal tracking. In addition, all CRA revenues will be booked in the year in which they were eaTned The CRA will no longer operate on a CASH basis. It should be noted that all expenses and revenues attributable to the prior year will considered up to 60 days after the close of the fiscal year, Status: Cleared CURRENT YEAR FINDINGS AND RECOMMENDATIONS The Rules of the Auditor General (Section 1O.554( 1)(g)(3Jl require disclosure in the management letter of any recommendations to improve financial management, accounting procedures, and internal controls. The following is a summary of current year recommendations. Condition: The CRA paid for artwork in their offices, which meet the definition of a public place, Florida Statutes does not allow the artwork to be paid for using TIF revenues. There was no evidence that revenues were officially allocated from sources other than TIF to pay for the artwork. Recommendation: We recommend that the governing body tal{e official action regarding allocation of non-TIF revenues to cover the artwork expenditures, 30 Management Response: One of the CRA's initiatives is to support local business. All art in question was created by local artists. The art was funded with revenues from marina slip rentals and no TIF funds were involved. At the CRA Board Meeting scheduled for March 13, 2007 an item ".,rill be presented for consent on the agenda to officially allocate non-TIF revenues to fund the art expenditures, OTHER REQUIRED INFORMATION Based on the criteria specified in 218.503(1) Florida Statutes, nothing came to our attention to cause us to believe that the CRA is, or during the fiscal year ended September 30, 2006, was, in a state of financial emergency as defined in the Statutes. We applied our own financial condition assessment procedures. The results of our procedures disclosed no matters that are required to be reported, The eRA is in compliance with Section 218.415, Florida Statutes, regarding the investment of public funds. The CRA has been classified as a dependent component unit for the purpose of filing the annual financial report with the Department of Banking and Finance pursuant to Section 218.32, Florida Statutes. Accordingly, the CRA does not file a separate annual financial report with the state. Instead, the CRA's annual financial information will be included in the annual financial report of the City of Boynton Beach, Florida for the year ended September 30, 2006. This management letter is intended solely for the information and use of the Board of Directors and management of the CRA, the City of Boynton Beach, and regulatory agencies and is not intended to be and should not be used by, anyone other than these specified parties. Thank you and your staff for the cooperation and courtesies extended to us during the course of the audit. Please let us know if you have any questions or comments concerning this letter, our accompanying reports, or other matters. ~' .' . , / -:Jt.ti./L.t<}.-iI.R.:rl ' W<J-O-l.--u"i:l:Ld/ /( f)P//~4- Dufresne & Associates, CPA, PA 31 6) -..." . ~ ,- LIi&tl . ."""' '~,,'., ~"., Meeting Minutes Regular City Commission Boynton Beach, FL March 5, 2007 Commissioner McKoy supported the proposition also. Vice Mayor Rodriguez concurred with the suggestions. He also commented on the Heritage Celebration that it was well organized and an excellent event. He congratulated staff on the achievement and thanked everyone for their efforts. Commissioner McCray gave kudos to all those who worked on the Heritage Celebration; but, asked that next year's event remain within the authorized budget. Commissioner McKoy thanked staff and all the volunteers who helped to make the Heritage Celebration a very successful event. The events were attended by a cross section of residents from throughout the City and by far the best Heritage Festival so far. Mayor Taylor commended the Police Department and the specific officers involved in shutting down the two massage parlors involved with prostitution. He appreciated their proactive approach. III. ANNOUNCEMENTS, COMMMUNITY .. SPECIAL EVENTS .. PRESENTATIONS A. Announcements: None B. Community and Special Events: None C. Presentations: 1. Proclamations a. Community Caring Center of Boynton Beach Week - March 18-24, 2007 Mayor Taylor read the Proclamation and presented it to Sheny Johnson, Executive Director of the Boynton Beach Community Caring Center, designating March 18 - 24, 2007, as Community Caring Center Week. He announced in November, 2007 the Boynton Beach Community Center would be celebrating its 20th year of service to the community. 2. Presentation by Sherry Johnson, Executive Director of the Community Caring Center, entitled "Creating a Healthier Community" Initiative. Ms. Johnson pointed out a Hunger Walk would be held on March 18, 2007 to raise funds for the Caring Center. She reviewed the possible economic impact on the community when people do not eat right and have limited access to an opportunity structure to access affordable and nutritious food. Social services and economic development are meshed tightly together. The Community Caring Center focuses on the 1800 families within the Heart of Boynton area providing bus passes, nutritional assistance, financial aid, training and, most of all, hope. A 2 a) MINUTES OF THE COMMUNITY REDEVELOPMENT AGENCY MEEnNG HELD IN CITY COMMISSION CHAMBERS, BOYNTON BEACH, FLORIDA ON TUESDAY, MARCH 13, 2007, AT 6:30 P.M. Present: Henderson Tillman, Chair Stormet Norem, Vice Chair Rev. Lance Chaney Jeanne Heavilin Marie Horenburger Steve Myott Lisa Bright, Executive Director Ken Spillias, CRA Board Counsel Amy Dukes, CRA Counsel Absent: Guarn Sims 1. Call to Order - Chairman Henderson Tillman Chair Tillman called the meeting to order at 6:33 p.m. II. Pledge to the Flag and Invocation The board recited the Pledge of Allegiance to the Flag, followed by the invocation led by Rev. Chaney. III. Roll Call The Recording Secretary called the roll and determined a quorum was present. It was noted Mayor Taylor and Amy Dukes, Attorney with Lewis, Longman and Walker, were present. IV. Agenda Approval A. Additions, Deletions, Corrections to the Agenda Attorney Spillias pulled Consent Agenda Items A and C. Mr. Myott pulled Consent Agenda Item F. There was discussion the board wanted to hear the Ocean Breeze items together. 1 Meeting Minutes Community Redevelopment Agency ~nton Beach, Florida March 13, 2007 B. Adoption of Agenda Motion Ms. Horenburger moved approval of the agenda with the removal of Item A, C and Ffrom the Consent Agenda; to reorder VI. Public Hearing New Business switching Item B, Site Plan Time Extension with Item A Site Plan Time Extension; hearing VIII. Old Business Item D immediately thereafter followed by pulled Consent Agenda Items A, C and F. Ms. Heavilin seconded the motion that unanimously passed. C. Consent Agenda: A, CRA Board Meeting Minutes Approval February 6, 2007 B. Special Meeting Minutes Approval February 15, 2007 C. MLK Corridor Workshop Meeting Minutes Approval February 15, 2007 D. Workforce Housing Ordinance Meeting Minutes Approval February 27, 2007 E. Approvals of the Financials Period Ended February 28, 2007 F, Old High School Update G. Deleted Item and Added to as Item E under Old Business H. Support of Local Artists 1. Deleted item entirely J. Table Purchase Approval for Annual Award Dinner - BB Faith Based CDC K. Approval to Allow Electronic Funds Transfer "EFT" V. Public Comments Chair Tillman opened the floor for public comments. No one coming forward, Chair Tillman closed the floor to public comments. VI. Public Hearing Attorney Spillias requested board members disclose whether they had any ex parte communications. Vice Chair Norem reported he met with Richard Baron of McCormack, Baron Salazar, while in Tallahassee, but not on any public hearing items. Attorney Spillias administered the oath to all persons who would be testifying. 2 ~" I ~1~~Y~Te~CRA iIii East Side-West S.,de-Seaside Renaissance BOYNTON BEACH CRA AGENDA ITEM STAFF REPORT CRA BOARD MEETING OF: MARCH 13, 2007 I X I Consent Agenda I Old Business New Business Public Hearing Other SUBJECT: Economic Development for local business and artists SUMMARY: One of the Agency's initiatives is to drive economic development by supporting local businesses, as well as the City's Public Art Program. In July 2006, the CRA relocated to one office building at 915 South Federal Highway. The Agency sought typical "tloribbean" art to meld with local architecture and branding of the downtown. Two Haitian artists illustrated the murals existing in the lobby as well as the conference room. This expenditure was not paid for by TIF revenue, but from agency proceeds from marina boat slip rentals. FISCAL IMPACT: None. RECOMMENDATIONS: None. LISA BRIGHT, EXECUTIVE DIRECTOR T:\AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS\Completed Agenda Item Request Forms by Meeting\FY 2006-2007 Board Meetings\07 03 13 CRA Board Meeting - March\ED for Artdoc I I~RY~Te~ eRA iIIi East Side-West Side-Seaside Renaissance BOYNTON BEACH CRA AGENDA ITEM STAFF REPORT eRA BOARD MEETING OF: March 13,2007 @ AGENDA ITEM: IX. D. I Consent Agenda Old Business I X I New Business I I Public Hearing Other SUBJECT: Launching of new CRA Website: www.boyntonbeachcra.com SUMMARY: As part ofthe CRA's brand development and market positioning, AMBIT Marketing worked with staff in creating a new web site to effectively promote the Agency's development projects, financial assistance programs, public records and events. The new design targets investors, developers, residents and business owners, and includes a link to the updated trolley site on the home page. The redesign allows staff control over daily maintenance of the site, to ensure information on the following pages remains current and fresh: . Home Page . CRA Overview . Projects . Plans and Studies . Programs and Grants . Meetings . Contact Us An important feature of the new site includes an interactive eRA Projects Map, which viewers can navigate to locate and learn about CRA funded projects, private development projects and City land marks. FISCAL IMP ACT: Cost budgeted in 2006/2007 from General Fund Budget RECOMMENDATIONS: Approve use of new CRA website. Margee Adelsperger Marketing and Communications Director T:\AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS\Completed Agenda Item Request Forms by Meeting\FY 2006-2007 Board Meetings\07 0313 CRA Board Meeting - March\New CRA Website,doc Boynton Beach eRA lJ;IIl' ..--- PLANS & STUDIES PROGRAMS & GRANTS --- Leading the Way to Quality Growth The Boynton Beach eRA is leading the way to quality growth for a vibrant downtown and communities to call home. To see an urban renaissance in the making, take a tour through our website and discover the people, places and projects that are making Boynton Beach one of Palm Beach County's premier cities in which to live and work News and Events eRA To Hold Special Meeting: November 17 at 5:00 p.m. '~I 6oynton Beach Holiday Boat Parade Sets Sail On December 12 ULI Magazine: Boynton Beach CRA's Affordable Housing Focus of ULI Media Coverage j. ~J!{!t Boynton Beach eRA 2007 Annual Report is here! - -~ '::- ",-;" """'! Business Owner~ prosper in Boynton Beach's fast-growing downtown with expanding destination appeal and revitalized neighborl1oods Residents are drawn to Boynton Beach's CRA District for its walk-to- everything "live, work and play" lifestyle Investors and Developer" find dynamic economic opportunities through strategically-located residential and commercial properties Idk8 c> Re5!t.k' . 'id!lr.! .;'H!:- n,' I dk€ di! inv<2stVl~' n"""d-'IOpf;;'~ virtll;J1 t" . '..lit bl.l::-" http://www . boyntonbeachcra.comJ .... _..-.....~--..-._-_. .K BOYNTON HACM ~ TROLLEY .. .. See what areas of B..Qy11191l 6~~lLa_r~ jD_.tbJ~_~RA Distric~ ] 1/14/2008 Boynton Beach CRA - eRA Overview - Mission Page 1 of I 11I_-- PLANS" STUDIES PROGRAMS l. GRANTS --- BOYNTON BEACH CRA POLICE UNIT Curbing Crime, Increasing Access to Law Enforcement To enhance law enforcement services to the residents, businesses and visitors of the growing CRA District. the Boynton Beach CRA and the Boynton Beach Police Department have teamed up to create a special CRA Police Uni!. The CRA-funded unit specifically services the CRA District by patrol car and bicycle, The CRA Police Unit: . Increases community safety . Builds strong relationships between officers and citizens . Fortifies the CRA's campaign to address quality of life issues, maintain a safe urban environment and cultivate a close-knit community, . Reinforces the Boynton Beach Police Department's commitment to foster partnerships with local residents, businesses and houses of worship, ,.... c:M...... _ 1".- s..~J"""" o.GiuI. ~_~Jt, 0tIIc00 PhIlp_ 0___ 0_,__, Th.... ofIIcers ... YOUR ..let, ".m! Boynton Beach Police Department www,bbg<:lQ[g Since hilling the streets in February 2008. the unit's officers have taken a problem-solution approach to community policing, working closely with residents to address issues and keep the eRA District a safe and enjoyable place to live, work and play, For information or to report a problem or concern, call the eRA Police Un~ at 561-742-6114, http://www.boyntonbeachcra.comlcraoverview yoliceunit.php 11/1412008 Boynton Beach ('RA - Projects - PCRA.,Funded Project~ Pa12', ,t 11I_-- PLANS & SrUDIE:5 PROGRAMS & GRAN15 --- eRA-Funded Projects Building the Future One Project at a Time Through property acquIsItion, project funding, partnerships with developers and other redevelopment activities, the CRA works to expand homeownership opportunities. beautify the City from downtown to the suburbs. create jobs and strengthen the local economy With numerous townhome, condo, retail and office projects approved, in progress, or completed, Boynton Beach is well on its way to redevelopment that blends the past with the future, creating exciting new benchmarks of community excellence and economic vitalit'~ Click on the links below to learn about how some key CRA~funded projects are defining the new Boynton Beach Boynton Beach Boulevard Extension and Promenade Park P F !! Boynton Harbor Marina .-J Ocean Breeze The,!'i~art of BO~,nton Redev~~~;nent Initiatives ...J The Preserve at Boynton Beach wI I p."" 1 \~ ~ ~ r.: '" '-1, The Promenade .....J Boynton Beach Boulevard Extension and Promenade Park The Boynton Beach CRA oversaw the completion of a 1 4 acre boulevard extension and waterfront promenade just north of the expanding downtown and marina district. Bordering the Intracoastal Waterway and adjacent to a natural mangrove preserve. the promenade opened to the public in April 2006, providing an area for visitors to enjoy scenic walking trails, a seating area with shade structures, and a new waterfront venue for special events Strategically planned by the CRA and City Commission. the 3-year. $13 million project helps preserve the City's heritage and charm and is serving as a catalyst for new investment and development in the surrounding area such as Marina Village, and Town Center at Waterpoint Park and Ocean Tower In October 2006, the Florida Redevelopment Association honored the boulevard extension and promenade project with its 2006 Roy F Kenzie Award in the capital projectslbeautification category. recognizing its innovative approach, positive impact on the community and applicability to other Florida communities 8eturn ToT QjJ Boynton Harbor Marina ..J Since being purchased by the CRAin March 2006, a series of renovations began on the Boynton Harbor Marina, formerly known as the Two Georges Marina. designed to create a first rate, public access facility for boating and fishing that will welcome Boynton Beach residents to the waterways for generations to come. Cosmetic renovations such as painting, landscaping, and hurricane repairs have been addressed and 2007 marks the beginning of phase two improvements that will make the marina more pedestrian friendly with amenities that include new outdoor seating and public restrooms To further maximize public access to the waterways, the CRA acquired an additional waterfront parcel in October 2006, The 7,000 square foot slice of land north of the Two Georges Restaurant will be converted into a passive park, The purchase includes fuel docks and 70 garage parking spaces to expand the on-site parking options for Marina tenants, With the goal of squaring off the marina for comprehensive renovations, the CRA is also pursuing the future acquisition of the Sea Mist drift fishing outfit. which includes four slips at the west end of the marina The initial marina purchase was financed with money from a bond issued in December 2005. To support restoration efforts. the CRA also applied for and received $2 million in Palm Beach County bond money earmarked to help preserve public waterfront Return To Top Ocean Breeze The CRA has unanimously voted to begin negotiating with American Realty Development LLC of Lake Mary to bnng an affordable housing community to the site that was once home to the Boynton Terrace Apartments, The vacant CRA-owned property, more recently known as the site for proposed townhome community Ocean Breeze, straddles the east and west sides of Seacrest Blvd, between NW 7th and 8th Avenues, American Realty plans to partner with the Boynton Beach Faith Based Community Development Corp for the project which calls for a mix http://www.boyntonbeachcra.com/projects_cra_funded.php 11114/JOOR Two Georges Waterfront Restaurant, Lounge and Sports Bar Home Page Page 1 of2 " ." 'f'...... . J." :' , ' , '"',, ,i.", ',iV... '~,.,,~,.~~I~'? ~'#Ji viI - t',' \ ~.1~,''''''''''''''''''.'''.~G',''.,' ,;...., ~,i~,"'" ,,' ',,,,,,, ~,., ",',' E .', ,;',. ~:~;, ~ ' , ,,". .;.>.~"..~~I,'-" ~'. ," ~""~_~.; , ',' .', ~ ", _ ':' .". :,1 'In'''',., .~,.,;;"',',. '." .. t t::: '{jT " '. '.~".",','.,.,"',..'", ."., ~ ,'i~. ,yal,efJ~T"'n '::I""e ""df'''1JJ'1, Menu Special Events Two George's Koozies and Shirts Boynton Beach Chamber of Commerce 728 Casa Loma Blvd Boynton Beach. FL 33435 Telephone 561-736-2717 e-mail usatmanager@twogeQrgesrestauf!m1.com . A Menu of your favorites served from 11 :30 AM until 11 :00 PM 7 days a week . Daily Lunch and Dinner Specials . Drink specials at the Bars (Happy Hour) from 3 - 7 PM Monday thru Friday . Late Night Drink Specials (Happy Hour) at the bars Sunday thru Thursday 10 PM to closing. . Drink specials for many football games and other events . Bloody Mary Bar on Sundays from Noon until 3PM Create your own Bloody Mary. . Dockage for customers - on a fIrst come basis . Available valet parking . Smoking sections . Special Events and Promotions [click here] . Driving directions click here for interactive map http://www.twogeorgesrestaurant.coml The TWO GEORGES has been a fixture in Boynton Beach since 1957 and is well known for the freshest seafood in town and features unique island favorites that have pleased patrons for 45 years, An Palm Beach Post extensive remodeling was completed in 2002 that further enhances the facility as the best choice for Review dining that also features a relaxing lounge to enjoy the company of friends or to take in the latest sporting event. Prior to the recently completed expansion the restaurant offered a single bar and dining Banquet Info on the east deck area. The renovation enlarged the tiki hut, covered dining and bar areas and added a and Menu new deck on the south side that is covered by the green awning shown in the left side of the above picture. The new area features a second full liquor bar, 18 color television sets and dining tables for Old Pictures over 50 people. Click here to see the ~hanges ~i.nce t9.97~ The TWO GEORGES offers: NEW Free WiFi link while you drink or dine Pictures from the TWO GEORGES . East Deck Dining . Tiki Hut Interior . South Deck Bar and Dining . Sunday on the South Deck NEW Live Webcams IE 6 or newer required Cameral (Outside bar facing west) Camera2 (Inside dining room bar facing west) 11/1412008 THE PRESERVE A J BOYTON BEACH Pa!2c " http://www.preserveboyntonbeach.coml 1 1 /1 ;I ,"'^(\() Information for this agenda item will be delivered on Monday, December 8, 2009 r'''' ~~~~Y~T2~ eRA . East Side-West Side-Seaside Rena',ssance eRA BOARD MEETING OF: December9,2008 I I Consent Agenda I X I Old Business I I New Business I I Legal I I Other SUBJECT: MLK Development Agreement Update SUMMARY: At the time of Board packet production, the CRA had not received a revised copy from Auburn Development's legal counsel. CRA counsel will provide an update at the meeting. FISCAL IMPACT: None CRA PLAN, PROGRAM OR PROJECT: HOB Redevelopment Plan RECOMMENDATIONS: To be determined by the CRA Board. I) ') C~c._ (r~\rfAL .u6 right a-r Executive Director T:\AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS\Completed Agenda Item Request Forms by Meeting\FY 2008 - 2009 Board Meetings\12-9-2008 Meeting\MLK Development Agreement Update,doc ~~~~Y~Te~CRA . East Side- West S",de-Seas",de Renaissance eRA BOARD MEETING OF: December9,2008 I I Consent Agenda I X I Old Business New Business Legal Other SUBJECT: CRA Staffing SUMMARY: At the November 5, 2008 CRA Board Meeting, Board member Rodriguez asked to discuss a staff issues relating to the Administrative Assistant position that had been eliminated in the 2009 budget. The following are portions of the meeting minutes: "Vice Chair Rodriguez discussed a staff issues relating to the Administrative Assistant position that had been eliminated in the 2009 budget. An individual had filled the position during Family Leave for another staff member. He questioned why the position continued to be funded. "Ms Bright advised that the position was not eliminated, it was left unfilled. She had sent correspondence to the Board advising the individual was working on a legal project, involving the transfer of 25 boxes of files from Lewis, Longman & Walker that could not be archived unless reorganized and integrated into the existing file system." "Vice Chair Rodriquez questioned why the person who was supposed to be working on the special legal file project was answering the phone, performing administrative duties and listed on the CRA Website as the Administrative Assistant... .He thought that the only positions budgeted were those filled at the time.... Vice Chair Rodriguez's concern was that the Board had been mislead regarding the elimination of the position... He felt that it was an executive Board and that every discussion should be completed in a public setting. Discussions should not be held behind closed doors with individuals, rather openly and publicly" The attached document outlines the history of CRA Staffing changes FISCAL IMP ACT: Florida Employer Solutions HR Study - $6,500.00 Workload Indicators, Analysis of Jobs, Job Descriptions, Work Plans & Analysis - $1 1,547 Board Governance - $9,474 Performance Appraisal-Staff - $6,800 Performance Appraisal-Executive Director Position-$3,200 Salary Survey, Job Classifications & Organizational Chart-$4,812 Total Cost for HR Program - $42.334 T:\AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS\Completed Agenda Item Request Forms by Meeting\FY 2008 - 2009 Board Meetings\ 12-9-2008 Meeting\CRA Staffing,doc ResDonses to S1 AFFING statements made at the November 5th eRA Board Meetina: Rodriguez Statement: "Vice Chair Rodriguez inquired why the position of Administrative Assistant continued to be funded even though the position had been eliminated in the 2009 budget." Response: The position of Administrative Assistant remains in the Agency's organizational chart as an unfilled, but unfunded position. There are also three other positions on the organizational chart, Planning Director, Economic Development Director and Small Business Development Specialist that are unfunded as well. These four positions were not funded in the FY 08/09 budget. Rodriguez Statement: "Vice Chair Rodriquez questioned why the person who was supposed to be working on the special legal file project was answering the phone, performing administrative duties and listed on the CRA Website as the Administrative Assistant." Response: When the Vice Chair called the CRA office, the Administrative Services Manager, Ashley Buckley, had only been back from maternity leave for a few days. There was some overlap during the last week of October to allow the transitioning of projects. Rodriguez Statement: "He thought that the only positions budgeted were those filled at the time." Response: The budget allows $40,000 for temporary labor for situations in which the Executive Director deems necessary to hire additional workers to accomplish the Board's agenda. Rodriguez Statement: "Vice Chair Rodriguez's concern was that the Board had been mislead regarding the elimination of the position." Response: The position was not eliminated but was not funded. The organizational chart and salary chart were distributed to all Board members during the budget process. The organizational chart clearly identifies the unfunded positions. 1!1~~Y~T2~iCRA .. East Side-West S".de-Seas".de Rena"lssance Assistant Director Executive Director I _\ Planning Economic Marketing & Finance Director Director Development Communications Director Director Finance Development Small Business Special Events Development Assistant Manager S ecialist Manager Kev: To be hired In recruitment Chronolo2V of CRA A2encv Staftin2 and HR Plan Implementation: · November 7, 2001- CRA Board seeks independent staff · November 20, 2001- City Commission direct's staffto draft an ordinance to allow the CRA to hire an outside director and staff · May 24, 2005 - Consideration of the Assistant Director's Contract - "Vice Chair Tillman asked Ms. Bright what she could bring to the CRA that would make it better. Ms. Bright presented her background in various areas. Mr. Hutchinson had informed her that her role would be more in operations and the dav-to-dav mana!!ement of the CRA. She also has experience in redevelopment, particularly historic preservation and grant funding. Vice Chair Tillman noted the CRA is need of a well-defined human resource element within its or!!anization and Ms. Bri!!ht thou!!ht that one of the reasons she was selected was due to her back!!round in human resources. In her current position in Delray Beach CRA she is in charge of human resources. She has spent eight years reorganizing Fortune 500 companies and has a great deal of experience in this area." · December 15, 2005 - Recommendations of the HR Study as a result of the November 17,2005 Workshop - Cost to the Public: $6.500.00 · February 14, 2006 - Conducting Job Task Analysis for each Position in order to Evaluate Work Load & Staffing Requirements - Cost to the Public: $7.747.00 · February 14, 2006 - Conducting Job Task Analysis for Four (4) Additional Positions: Assistant Director & Director of Finance & Operations, Receptionist, Director of Economic Development & Planner - Cost to the Public: $3.800.00 · April 4, 2006 - PBP Article: Discord Imperils Boynton CRA Board · April 13, 2006-PBP Article: Boynton CRA Board Member Quits after Ouster Vote · April 11, 2006 - Job Task Analysis Completed . August 7, 2008 - Independent Transcription Service Provider Minutes - Page 6: "Ms. Harris: This line item also includes - we did eliminate one position. Mr. Taylor: Right. Ms. Harris: We didn't eliminate it from our organization chart but terminated the position earlier this year, and that was about - I think the salary cost on that was $35,000; with benefits was over $40,000. So that's out of this budget also." . August 12, 2008 - CRA Board Policy Direction FY08-09 Budget Minutes- City Clerk Minutes"Chair Taylor reported that he spent a 2reat deal of time studyin2 the bud2et and noted that a lot of money was cut from trainin2 and transportation. One employee position was eliminated. Chair Taylor feels the staff is very qualifed and they do a 2reat deal in-house where other CRA's take those proiects outside to private industry." . August 12, 2008 - Independent Transcription Service Provider Minutes - Page 4: "Mr. Taylor: "Well, to address that, I can - I looked through it and I found that they cut a lot of money out of the training, out of transportation, big money out of that. They did let 20 - one employee was cut." Page 11: Ms. Harris: "We have four outstanding positions." . August 12, 2008 - City Clerk Minutes; Page 7: "Chair Taylor agreed CRA staff would provide the line item detail information to the individuals who wished to have it and he was willing to discuss at the next meeting. Mr. Hay requested an opportunity to meet one-on-one with CRA staff. Vice Chair Rodriguez requested information be provided to him for his review and then he would meet one-one-one with CRA staff. During the next meeting, concerns would be discussed." Commissioner Hay met with CRA staff for three and one-half hours to review the bud2et details. As of December 4. 2008. CRA Board Member Rodri2uez has not met with the Executive Director or her staff to conduct a one-on-one meetin2 to understand the bud2et or its detail history. . September 2, 2008 - Final Budget Hearing Minutes . Community Redevelopment Plan Verification of ROI for Marketing/Communications & Special Events . Thank you Card to CRA Temporary Administrative Assistant Theresa Utterback for securing a full financial refund Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida November 5, 2008 VI. Consent Agenda A. Approval of Minutes - CRA Board Meeting October 14, 2008 B. Approval of the Period-Ended October 31, 2008 Financial Report Vice Chair Rodriguez pulled Item VLB for discussion. C. Approval of Funding up to $50,000 from the Homebuyers Assistance Program to Andrae Robinson Motion Mr. Hay moved to approve the Consent Agenda with the exception of Item B. Vice Chair Rodriguez seconded the motion. The motion passed unanimously. VII. Information Only A. CRA Policing Activity Report for the Month of September, 2008 and District Statistics for the Months of September and October Boynton Beach Police Department CRA Police Unit Statistics and Progress Report March 17, 2008 to October 31, 2008 (Info Only) B. Boynton Beach CRA and Trolley Website Updates VIII. Pulled Consent Agenda Items VI.B. Approval of the Period-Ended October 31 2008 Financial Report vtEe' €hair Rodrtguez d1scussed a staff issue retattog to the Adminfstratlve Assistant position that had been eliminated in the 200'9 budget. An individual had filled the posWon during a FamUy Leave for anOther staff member. He questioned why the position COIltinuedtD be funded. Usa 8rtght, Executive Director, advised the position was not eliminated, it was left unfilled. She had sent correspondence to the ~ edvi~. the'~1 was working on a legal. project, invotving the transfer of 25 boxes of mes from lewis, Longman it. Walker that coutd not be archived untess ~ a1'1dfntegrated Into the exfstfng file system. The budget does indude funds fOr temporary labor. It is a year-end cleanup. Ms. Bright did not antidpate going over budget. 2 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida November 5, 2008 Mr. Hay confirmed with Ms. Harris that the funds were budgeted. Ms. Harris indicated the posmen did not appear on the organizational charts and was considered professional services personnel costs. Vice Chair Rodriguez's concern was the Board had been misled regarding the elimination of the position during the budget cycle and the budgeted funds were specified for use in an emergency, such as the Family le8ve. Mr. Weiland could not agree the Board had been misled, but minutes could be reviewed or verbatim excerpts could be requested. He repeated if the monies were budgeted he would agree with two months to complete the special project. Mr. Weiland requested that the matter be researched so there would be no confusion. Vice Chair Rodriguez suggested the Board reaffirm that the position be eliminated. Mr. Weiland wanted to resolve any and all confusion and accusations. Vice Chair Rodriguez inquired if the CRA Attorney had any knowledge of the files being discussed. CRA Attorney Cherof believed they were legal files that were dormant and kept by the previous Board Attorney. Mayor Taylor clarified there were boxes of files in the previous Attorney's office that were not accessible. Space was made available and the files could be organized for future reference. The organization of the files did have to be actomplished at the direction of the Executive Director. Ms. Bright explained her responsibilities and the rules that govern the Agency dictate the Chair as her superior. She pointed out Vice Chair Rodriguez was the only member of the Board that did not have a standing meeting with CRA staff to discuss his concerns with continued operational frustrations with her and staff. She would like better communication between herself and Vice Chair Rodriguez. The project with the files had been fully discussed with Chair Taylor. She suggested regular meetings with Vice Chair Rodrig.uez with either herself or Ms. Brooks would give him a better undlerstanding of the operations in the Agency. It was a business decision not to fill the ope, position. Vice Chair Rodriguez commented it was an Executive Board and his position was every discussion should be done in a public setting. Discussions should not be heJdbehind closed doors with individuals, rather openly and publicly. He felt everyone should hear the same thing to make Informed decisions. Mayor Taylor contended it was not practical and he had meetings every week with the City Manager to go over many things that were not official. Not every problem can be solved in two week intervals. Vice Chair Rodriguez reiterated his position that he would not have discussions behind closed doors with the Executive Director. 4 MINUTES OF THE CITY COMMISSION/COMMUNITY REDEVELOPMENT AGENCY JOINT WORKSHOP HELD IN THE LIBRARY PROGRAM ROOM, BOYNTON BEACH, FLORIDA ON WEDNESDAY, NOVEMBER 7, 2001 AT 6:30 P.M. Present City Commission Community Redevelopment Agency Mayor Gerald Broening Vice Mayor Ron Weiland Commissioner Charlie Fisher Commissioner Mike Ferguson Commissioner Mack McCray Larry Finkelstein, Chairman Jeanne Heavilin, Vice Chair Joe Aguila Alexander DeMarco Don Fenton (arrived at 6:50 p.m.) Michelle Hoyland Henderson Tillman Also Present Jim Cherof, City Attorney Kurt Bressner, City Manager Janet Prainito, City Clerk Quintus Greene, Director of Development/CRA Dan DeCarlo, Neighborhood Specialist Lindsey Payne, Assistant City Attorney I. Call to Order Mayor Broening called the meeting to order at 6:40 p.m. II. Roll Call The Recording Secretary called the roll and a quorum was declared present. III. Agenda Approval Mr. Tillman moved to approve the agenda. Motion seconded by Mr. DeMarco and unanimously carried. IV. Heart of Boynton Study A. Introduction of Consultants Mr. Greene welcomed everyone to the meeting. The study presented was the outcome of a six-month process. Many of tonight's participants also attended the various community workshops. MINUTES OF THE CITY COMMISSION/COMMUNITY REDEVELOPMENT AGENCY JOINT WORKSHOP HELD IN THE LIBRARY PROGRAM ROOM, BOYNTON BEACH, FLORIDA ON WEDNESDAY, NOVEMBER 7,2001 AT 6:30 P.M. Present City Commission Community Redevelopment Agency Mayor Gerald Broening Vice Mayor Ron Weiland Commissioner Charlie Fisher Commissioner Mike Ferguson Commissioner Mack McCray Larry Finkelstein, Chairman Jeanne Heavilin, Vice Chair Joe Aguila Alexander DeMarco Don Fenton (arrived at 6:50 p.m.) Michelle Hoyland Henderson Tillman Also Present Jim Cherof, City Attorney Kurt Bressner, City Manager Janet Prainito, City Clerk Quintus Greene, Director of Development/CRA Dan DeCarlo, Neighborhood Specialist Lindsey Payne, Assistant City Attorney I. Call to Order Mayor Broening called the meeting to order at 6:40 p.m. II. Roll Call The Recording Secretary called the roll and a quorum was declared present. III. Agenda Approval Mr. Tillman moved to approve the agenda. Motion seconded by Mr. DeMarco and unanimously carried. IV. Heart of Boynton Study A. Introduction of Consultants Mr. Greene welcomed everyone to the meeting. The study presented was the outcome of a six-month process. Many of tonight's participants also attended the various community workshops. Meeting Minutes City Commission/Community Redevelopment Workshop Boynton Beach, Florida November 7,2001 Mr. Dan DeCarlo reported that the City received a grant last year from the State of Florida to perform a study of the Martin Luther King neighborhood area. The plan name was changed to the "Heart of Boynton". Mr. DeCarlo introduced Mr. Bob Gray from the Strategic Planning Group, Inc. and Mr. Joe Gray from JEG Associates, the consultants engaged by the City that performed the study. S, Presentation Mr. Bob Gray presented a Power Point Presentation on the Heart of Boynton, a copy of which is attached to the original minutes. Mr. Gray commended the community for their participation in the workshops. The Plan will now require approval of the CRA and the City Commission. The following is a summary of the presentation >- The study area (Heart of Boynton) begins at the C-16 canal, east to the railroad tracks, west to 1-95 and south to NE 3rd Avenue. >- The Heart of Boynton is one of five studies that the CRA will be conducting. >- Major areas addressed were Cherry Hill, Boynton Terrace, Easy-Mart and other commercial areas. >- This area has been losing population. > Household income is significantly below the County level. > Currently there are approximately 1,081 housing units. > The unemployment rate is double the City's and County's rate. > The population is predominately African/American, with Caribbean influence. > With regard to livability, participants in the workshops felt that the following were major issues: (i) law enforcement, (ii) code enforcement, (iii) a medical clinic, (iv) increased community involvement, (v) zoning issues, (vi) a community center, (vii) park improvements, (viii) housing, and (ix) school involvement > The area has two Community Development Corporations (CDC), which is an asset to the area. One CDC will be facility oriented and the other will be more housing oriented. > There are a total of 234 vacant lots in the study area. > Because the lots are small, there is no significant amount of land to do any extensive projects. This will require land assembly. > There are approximately 53 residential non-conforming lots. > There are almost 1 ,200 parcels that are owned by the School District. 2 Meeting Minutes City Commission/Community Redevelopment Workshop Boynton Beach, Florida November 7,2001 ~ The City of Boynton Beach owns 45 parcels. ~ There are 889 parcels owners with 100 people that own more than one parcel. ~ Discounting government owned property, there are only three parcels that are larger than one acre. ~ 739 parcels are locally owned and 414 are owner-occupied. ~ 83% of the parcels are valued at less than $50,000. ~ The Cherry Hill section will be eliminated entirely. ~ The Cherry Hill section will become known as Poinciana Heights. ~ Boynton Terrace will also be eliminated. ~ Each neighborhood will be given an entranceway. ~ Traffic calming is needed, as well as sidewalks. ~ The west side of Seacrest Avenue would go back to its single-family roots similar to Ridgewood. ~ The zoning needs to be changed. ~ Palmetto Park would be extended and linked to Galaxy Park. ~ Updating the Wilson Center is critical to the plan. Mr. Tillman inquired if building on substandard sized lots would now become prohibited and Mr. Gray said that this would no longer be permitted. ~ The community urban design features need to be integrated into this neighborhood. ~ The Floribbean architectural design was utilized as the new design for this community. Implementation of the Plan Phase 1 - First 8 months ~ The master plan needs to be adopted this year. ~ The Future Land Use Plan and the zoning map needs to be amended sometime in mid-2002. ~ Design Standards need to be approved and this should be done now. ~ When the County approves the City taking over the Cherry Hill public housing, residents would be given Section-8 vouchers for relocation. ~ Begin a study for the acquisition of the Cherry Hill section. ~ A cost analysis needs to be done. ~ Continue the leadership already in place. ~ Neighborhood Associations need to be formed. ~ Begin dialogue immediately with HUD to address Boynton Terrace. ~ Public Works needs to be relocated ~ Issue an RFP for the design of Wilson Center. ~ Begin work on Seacrest Boulevard in conjunction with the County. 3 Meeting Minutes City Commission/Community Redevelopment Workshop Boynton Beach, Florida November 7,2001 ~ Become involved with the CDC's and PATCH to create public health and daycare facilities. >- Start identifying grants. ~ Establish a strong code enforcement policy. ~ Issue an RFP to begin the downtown study. ~ Develop a relocation strategy to relocate people back into the community. Commissioner Fisher inquired what the price range of the homes would be. Mr. Gray stated that probably would range between $100,000 to $150,000. Phase 2 - 9 to 16 months >- Start to issue vouchers in order to relocate people. >- Accelerate improved housing. >- Continue to form a strong ministerial alliance. >- Complete design work for Palmetto Park and the Wilson Center. >- Issue bids for demolition. >- Begin redesigning Seacrest Boulevard. >- Start the Neighborhood Gateway Program. >- Expand the current grant program. >- Begin the construction for the improvements to Wilson Center. Ms. Heavilin inquired where people could go with the Section 8 vouchers and was told they could move anywhere they wished. Phase 3 - After 24 months >- Issuance of a bid for the demolition of Boynton Terrace. Commissioner McCray raised concerns that residents would not be encouraged to stay in the City. He would like to have a plan in place so that people could remain in the City if they so wished. It was pointed out that there are many areas within the City where Section 8 vouchers would be accepted. Ms. Hoyland questioned if there would be enough places within the City for the people that are displaced. Mr. Gray was not certain on this. >- Open the new center. ~ Open Palmetto Park. ~ Issue an RFP for the southeast quadrant. Commissioner McCray inquired how much of the CRA funds would go to the Federal Highway Study and to the MLK Study. Commissioner McCray felt that the budget would have to be reviewed to cover the costs of the various projects. 4 Meeting Minutes City Commission/Community Redevelopment Workshop Boynton Beach, Florida November 7, 2001 Mr. Greene pointed out that the CRA has approximately $3 million for projects and felt it was too soon to determine what the costs of the projects would be. Mayor Broening pointed out that the CRA projects should not affect the City's budget. Mr. Tillman felt that the study was an excellent start in meeting the needs of this neighborhood and that the City is moving in the right direction. His philosophy has always been that permitting substandard lots breeds substandard behavior. Commissioner Fisher also pointed out that this is a master plan and that people are not going to be displaced tomorrow. Discussion and Public Audience Mr. Harvey Oyer, 512 N. Seacrest Boulevard stated he attended many of the neighborhood meetings. He has some points that he strongly disagrees with. He would like the City to purchase the property north of City Hall and put in public buildings. This would provide for a good approach into the City. He pointed out that most of the land on MLK Boulevard from Seacrest to the railroad is underutilized and this would be a good place to put in a viable shopping center. He also stated that historic districts should be set up throughout the City and that the City is taking a negative approach to keeping the property values down. Ms. Blanche Girtman, 912 NW 3rd Street had concerns that people wouldn't be 'fairly compensated for their property and would not be able to purchase a replacement home. She felt that a shopping center placed in the Heart of Boynton area would not draw patrons from other areas of the City. A gentleman in the audience did not think that there would be enough land to build new affordable housing to accommodate all the residents. He would like the City to wait before it adopts the new land use and zoning amendments until it was prepared to address these concerns. Sister Lorraine Ryan, a member of PATCH, stated that a survey of the Heart of Boynton area was taken and it revealed that there is a major concern for affordable housing. She did not feel that the current residents could afford to purchase homes in the $100,000 plus price range. She pointed out that there is a definite need for a health facility in this area and was pleased to see that this was included in the consultant's report. Mr. Brian Edwards, 629 NE ~th Avenue, felt that the City was moving in the right direction. He pointed out that PATCH was introduced into the City approximately one year ago and the Boynton Beach PATCH will now be the seventh in the County. The PATCH committee is moving fOlVllard in obtaining its 501 (3)(c) designation. He pointed out that the surveys revealed that there are 5 Meeting Minutes City Commission/Community Redevelopment Workshop Boynton Beach, Florida November 7,2001 many things that the City is lacking, such as transportation, language barriers exist, teenage pregnancies, lack of prenatal care, after-school childcare and childcare in general. He was pleased that tonight's workshop recognized many of these same concerns. Mr. Greene addressed the concerns raised by Ms. Girtman regarding displacement of long-time residents. The Federal Relocation Guidelines provide that if Federal money is used to acquire property that results in relocation, those individuals have to be accommodated in at least, if not better accommodations than they have. Mr. Greene noted that after tonight's meeting there will be speculators going out into the neighborhoods trying to buy up property. Mr. Greene would like to make certain that people are very careful when being approached to sell their property to non-government entities and/or individuals because there would be no relocation benefits whatsoever. It is not the City's intent to displace anyone; however, he acknowledged that it would not be possible to relocate everyone within the neighborhood. People whose property is acquired with federal money will be better off than they are today. Mr. Joe Gray pointed out that the intent of redevelopment is to insure the future of a community. The study pointed out that things need to be improved in the community and jf improvements weren't made, the community would die through attrition. Therefore, it is imperative that corrective actions be taken. Affordability is not achieved by building cheap, substandard homes. The City is fortunate to have two CDCs because those organizations will provide support to the people that the government can't support. The City is trying to stop the pattern of people being segregated and living in blighted conditions. Commissioner Fisher inquired if the City would be the developer and was informed it would not. Mr. Greene explained that the City and/or the CRA would be the primary entities responsible for land assembly. Once the land is assembled an RFP would be issued. Mr. Greene pointed out that the City by law is not allowed to sell land for less than fair market value. However, the CRA is, permitted to do this. Mr. Ron Washam urged people to be flexible and to help one another. Commissioner McCray pointed out that it is important that the people in this area be informed on what is happening. Mayor Broening closed the pUblic audience portion of the meeting and explained that no formal action would be taken at this time. The Heart of Boynton Study would be going back to the eRA and the Commission for approval. Ms. Hoyland inquired if they would be given an opportunity to address any items they felt needed to be addressed. Mayor Broening said that the CRA and Commission would have this opportunity. 6 Meeting Minutes City Commission/Community Redevelopment Workshop Boynton Beach, Florida November 7, 2001 RECESS WAS CALLED AT 8:20 P.M. THE MEETING RECONVENED AT 8:30 P.M. V. Administrative Issues A. Review of Mission and Purpose of the CRA Mr. Greene felt that there was a misconception in the community about what the CRA is and what the CRA is supposed to do. The purpose of the CRA is not to develop downtown. The purpose of the CRA is to deal with the removal of conditions creating slum and blight. This is contained in Section 163.355 of the State Statutes, which Mr. Greene recited. The purpose of including a downtown area in the CRA is to afford the CRA the benefits of the increasing increment as the downtown develops. The CRA area is divided into five different areas. The Federal Highway Corridor has already been approved and the Comprehensive Plan is now being revised for this area. Other CRA areas are the Heart of Boynton, the Ocean District, which includes Town Square, the Boynton Beach Boulevard Corridor and lastly, the Industrial Avenue area. Since the CRA expanded in 1999, the increment has increased from $305,000 last year to an estimated $940,000 for the coming year. Mr. Greene pointed out that there would be five area plans for each CRA District. One has been approved, one was presented tonight and the third one is just getting started, which is a State law. B. Current Status Report The independent CRA Board has been in existence a little under one year and a great deal has been accomplished. . Last year the City Commission approved a six-month moratorium on C-4 zoning applications in the Federal Highway Corridor and instructed staff to do a rezoning study, which also resulted in the CRA plan being updated. . A consultant was hired and a Plan update was prepared and approved by the Commission in May 2001. . Staff is in the process of securing DCA approval of an amendment to the City's Comprehensive Plan. State law also requires that the CRA Plan and Comprehensive plan must be in sync. . Staff is processing a zoning change for the Federal Highway Corridor. This will be brought before the CRA at its next meeting on November 13th for approval and before the City Commission on November 20th. . Mr. DeCarlo earlier this year secured a grant from DCA to conduct a community planning study in the MLK area. With DCA approval, the 7 Meeting Minutes City Commission/Community Redevelopment Workshop Boynton Beach, Florida November 7, 2001 boundaries of the study area were adjusted. A consultant was hired which resulted in the plan that was presented tonight. Once the CRA and the Commission approve the plan, it will follow the same process as the Federal Highway Corridor Plan. At their March workshop, the CRA Board identified projects that they wanted to accomplish. The projects were prioritized and adopted in August with the budget. A list of the priorities was presented to the members and the Commissioners. As of today, almost every priority project has been completed or is currently in progress. Mr. Greene reviewed the priorities as listed and a copy is included with the original minutes. Mr. Greene reported that the City acquired former FEC property at 4th Street and SE 1st Avenue, which will bring a total of 55 parking spaces under City control. Appraisals have been ordered on several properties in the CRA target area and the Commission approved a contract for real estate administration services with the Urban Group, Inc. at last night's meeting. Staff toured the City of Hollywood, Florida to view its very impressive way-finding signage program. The City has received a proposal from them to design a similar signage program for the City of Boynton Beach. Staff is in the process of preparing a recommendation to the City Commission to enter into an Interlocal Agreement with the City of Hollywood, Florida to design Boynton Beach's way- finding signage. Mr. Greene reported that the conceptual design and corresponding model for the Town Square District have been completed. The model is on display in Conference Room C in the West Wing. The Development Department is mandated by City Code to provide services to the CRA. The City and the CRA entered into a Staff Services Contract in order to determine actual staffing costs in the event the Board wished to hire its own dedicated staff. The CRA Board adopted a 2001-2002 budget, which includes $158,000 for personnel. A job description has been prepared and approved for the CRA Director. Section 2-13.2D of the Code needs to be amended before the position can be advertised. City Manager Bressner stated he did not support a change in the Ordinance, but supports a continuing relationship with City staff. This change could be revisited at a future date. It was his personal opinion that this was moving too fast at this time. He acknowledged that there has been some good and positive work done, but urged the Commission and CRA to consider some alternatives to becoming independent of staff. Mr. Tillman felt that it was not necessary at this time to have a full staff for the CRA. He would like the CRA to have its own point man to devote 100% of his 8 Meeting Minutes City Commission/Community Redevelopment Workshop Boynton Beach, Florida November 7, 2001 time to CRA business to take some of the burden off Mr. Greene, who is also the Development Director. Commissioner Fisher felt that the CRA needed to have a person with ~ome authority that could focus on the needs of the CRA. Mayor Broening suggested that an administrator-type position might be more in line. City Manager Bressner suggested that if this route were taken that the position be outsourced. He pointed out that if a consultant were hired, the Ordinance would still have to be amended. Mayor Broening asked Chairman Finkelstein specifically what the CRA was looking for with regard to staffing needs. Chairman Finkelstein stated that they were also in need of someone that could provide secretarial services and felt it was not necessary at this time to hire a full-time staff. However, he would like to have a person dedicated to the CRA to handle functions that staff is too busy to provide. Vice Chair Heavilin felt .that the Agency was ready for a full-time Director. Vice Mayor Weiland and Commissioner Ferguson said it was time for the CRA to move on. Mr. Fenton pointed out that the CRA Board voted 7-0 to hire a full-time Director. Chairman Finkelstein pointed out that it was a vote to hire staff, not only a Director. Discussion ensued on the direction that the CRA should move in hiring staff. There was agreement among everyone that the CRA was in need of some type of fulltime assistance. Vice Chair Heavilin felt that something needed to be done now. City Manager Bressner said he could place something on the agenda for the next Commission meeting.. Commissioner Fisher requested that more tha.n one option be considered. City Manager Bressner pointed out that the CRA direction was for a Director and not an administrator and the Commission should consider the original request. If the CRA wished to modify their original request, they would have to bring something new back to the Commission. City Manager Bressner said he was only giving his opinion and if the Commission wanted to move forward they should. . Commissioner Fisher suggested that the money in the City's budget earmarked for CRA projects should be placed in the CRA budget. Vice Chair Heavilin asked about the timing. City Manager Bressn~r stated that the first reading of the Ordinance could be December 4th and the second reading would be December 18th. If the Ordinance passed, whatever is approved could take effect by the first of the year. 9 Meeting M,nutes City Commission/Community Redevelopment Workshop Boynton Beach, Florida November 7,2001 VI. Public Audience None VII. Other Vice Chair Heavilin inquired about the survey that was performed for attendance for Board members. She asked if an attendance policy for the CRA Board had also been addressed. City Manager Bressner stated that all Boards were included in the survey. However, if a Board meets more than once a month, the attendance requirements change. Mr. Greene stated that the agenda for the regular CRA meeting on November 13th will contain a copy of the Ordinance and an excerpt of the State statutes that deals with removal of CRA Board members. VIII. Adjourr;lment There being no further business, the meeting properly adjourned at 9: 15 p.m. ATTEST: ~::t, 'JJJ. f)U':N..-f" Ci Clerk // J~~...J7ki&<-1 lit. - J tL.((.~li!f" Recording Secretary (three tapes) (November 8, 2001) CIT];jl7CC~ ~ M3yerr 7 0 ~'1 ~._..~.,/ k~/ o."..e~/ /c .~ /. 7 /. //~ /. ~.~ :/~--cn' IY'" /1<.,..'10,_/1<:'): . ~ce Ma.yor w . ~ c- ~~ Commissioner 10 Meeting Minutes Regular City Commission Boynton Beach, Florida November 20, 2001 B. Discussion Regarding Establishment of Arts Commission (December 4, 2001) C. Discussion Regarding Nonconforming (unpermitted) Canopies (December 4, 2001) D. Public Hearing - 2002/03 Fire Assessment - Proposal to Include in Uniform Collection System (via County tax bills) in lieu of Local Collection for 2002-03 (December 4, 2001) E. Discussion of Possible Corridor Study for Congress Avenue (December 4, 2001) F. City Services Survey (December 4, 2001) G. Redevelopment Code Issues for Non-conforming Lots and Buildings in Commercial Areas (December 4, 2001) H. Report on Proposed Economic Incentives - Ocean Avenue and Martin Luther King, Jr. Boulevard (December 4, 2001) I. Traffic Calming and Traffic Control Final Report (December 18, 2001) J. Modification to City Pay Plan - Salary Ranges (December 18, 2001) K. Modifications to City Purchase and Contract Award Policies (December 18, 2001) L. Stormwater Projects Report (January 15, 2002) M. FRA Whistle Ban - Report (March 2002) - Delayed due to Federal Railway Administration Delay in Rulemaking X. DEVELOPMENT PLANS: None XI. NEW BUSINESS: A. Discussion of Proposed Ordinance Changes for CRA Staffing Options City Manager Bressner stc:ted that there are three possible options. The first option would be to remain status quo with no ordinance change. The second option would be to follow the CRA's recommendation to allow them to hire their own director and staff and the third option would be, perhaps, to have the CRA hire an administrator but still provide City staff as support. City Manager Bressner recommended waiting for six months. 16 f.~eeting Minutes Regular City Commission Bovnton Beach, Florida November 20, 2001 After some discussion, it was the consensus of the Commission to direct staff to draft an ordinance to allow the CRA to hire an outside director and staff. XII. LEGAL: A. Ordinances - 2nd Reading - PUBLIC HEARING 1. Proposed Ordinance No. 01-55 Re: Amending Chapter 15, Article 1. By adding a new section 15-10 of the Code of Ordinances; prohibiting sound disturbances in residential zoning districts; providing for definitions, methods of enforcement, and penalties City Attorney Cherot read proposed Ordinance No. 01-55 by title only. Public Hearing Bob Ensler, 26 Woods Lane, thought this was a good ordinance but he suggested that it would be better not to have a distance requirement. City Attorney Cherot stated that, legally, a distance requirement was needed. He said that there is discretion in the provision of any law. The annoyance could be ended without a citation being issued. When Mayor Broening asked Police Chief Marshall Gage what would be a good distance requirement, he answered 25 feet. Motion Commissioner Ferguson moved to approve proposed Ordinance No. 01-55. Vice Mayor Weiland seconded the motion. City Clerk Prainito called the roll and the motion carried unanimously. 2. Proposed Ordinance No. 01-56 Re: Amendment to Fire Assessment Enabling Ordinance to add a Sunset Clause City Attorney Cherof read proposed Ordinance No. 01-56 by title only. Motion Commissioner Fisher moved to approve proposed Ordinance No. 01-56. Motion was seconded by Commissioner McCray. City Clerk Prainito called the roll and the motion carried 3 to 2 with Vice Mayor Weiland and Commissioner Ferguson dissenting. 3. Proposp.d Ordinance No. 01-57 Re: Amending Chapter 2, Zoning, Section 8.A.1.d.(9) to allow gymnastic centers as permitted uses in the M-l zoning district City Attorney Cherof read proposed Ordinance No. 01-57 by title only. 17 MINUTES OF THE SPECIAL MEETING OF THE COMMUNITY REDEVELOPMENT AGENCY HELD AT THE BOYNTON BEACH LIBRARY, BOYNTON BEACH, FLORIDA ON TUESDAY, MAY 24,2005 AT 5:30 P.M. Present: Jeanne Heavilin, Chair Henderson Tillman, Vice Chair James Barretta Alexander DeMarco Doug Hutchinson, Director Absent: Don Fenton Marie HorenburQer Steve Myott I. Call to Order Chairperson Heavilin called the Special Meeting of the Community Redevelopment Agency to order at 5:42 p.m. The Recording Secretary called the roll and declared a quorum was present. II. Approval of the Agenda Motion Vice Chair Tillman moved to approve the agenda. Motion seconded by Mr. Barretta and unanimously carried. III. New Business A. Consideration of the Assistant Director's Contract Mr. Hutchinson reported that there is a candidate for the Assistant Director position. The hire of the Assistant Director must be approved and ratified by the Board. There was a good selection of candidates that applied for the position and an offer has been extended to Ms. Lisa Bright as evidenced by the contract presented to the Board for approval. The compensation being offered to Ms. Bright for the Assistant Director position is at mid-point ($65,500). Mr. Hutchinson noted Ms. Bright's contract was adapted from his contract; therefore, there would be no departure from his contract. Mr. Hutchinson pointed out Ms. Bright was a top-notch candidate and her references were excellent. Mr. Hutchinson introduced Ms. Bright and invited the Board to provide comments and ask questions. Meeting Minutes Community Redevelopment Agency Special Meeting Boynton Beach, Florida May 24, 2005 Vice Chair Tillman inquired if Legal had an opportunity to review the contract. Mr Hutchinson explained Legal prepared the draft shell that had been used for a previous candidate. The name of the previous candidate was deleted and Ms. Bright's name was inserted. Also the other provisions that had been added to accommodate the previous candidate were deleted. Vice Chair Tillman asked Ms. Bright why she wanted to come to the Boynton Beach CRA. Ms. Bright responded that her current employer does not have an Assistant Director position and she feels that she has most of the skills required for the position. Vice Chair Tillman also asked Ms. Bright what she considered were her primary strengths, and she responded it was her ability to be a team player and develop long- term relationships. As far as weaknesses, Ms. Bright stated she was very direct, which she explained. Vice Chair Tillman asked Ms. Bright what she could bring to the CRA that would make it better. Ms. Bright presented her background in various areas. Mr. Hutchinson had informed her that her role would be more in operations and the day-to-day management of the CRA' She also has experience with redevelopment, particularly historic preservation and grant funding. Vice Chair Tillman noted the CRA is in need of a well-defined human resource element within its organization, and Ms. Bright thought that one of the reasons she was selected was due to her background in human resources. In her current position with the Delray Beach CRA she is in charge of human resources. She has spent eight years reorganizing Fortune 500 companies and has a great deal of experience in this area. Mr. DeMarco inquired where Ms. Bright resided and she noted she lived on Swinton Avenue in Delray Beach and was born and raised in Florida. Eventually, Ms. Bright would like to move into the City. Chairperson Heavilin requested to review the contract and questioned why the contract would be effective one year from October. Mr. Hutchinson explained that his contract and Ms. Bright's contract require that in October they would be evaluated, which means a contract cannot end before an evaluation. He pointed out that the contract would start on October 315t that would allow time for the contracts to be extended at the October meeting. This same provision is in his contract as well, so that both contracts would be the same. Chairperson Heavilin pointed out that Ms. Bright would be on staff for approximately 14 to 15 months before she is reviewed. Mr. Hutchinson responded that Ms. Bright would still be reviewed in October, but he did not think it was fair to hire her for only four months under the contract. Only the contract would be up for renewal next year. Mr. Hutchinson would like to have the contracts changed to three-year contracts, and he will be doing some research to determine the norm for these types of contract. He felt it '1 Meeting Minutes Community Redevelopment Agency Special Meeting Boynton Beach, Florida May 24, 2005 was important that professionals be kept onboard for more than one year. Ms. Bright was in agreement with this arrangement. On Page 5, in Section 7.3, the word "sign" should be changed to "signed" in the second line. Chairperson Heavilin inquired if Ms. Bright was fired for doing something horrific, would she receive severance as provided in Section 7.3.1. Mr. Hutchinson responded that Section 7.3.1. applied to unilateral termination, mutual agreement or resignation. There would be no severance paid for maleficence. Chairperson Heavilin did not see this stated anywhere in the agreement. Vice Chair Tillman noted this language was included in Article 6, but he did not see it anywhere else in the contract. He would like to have this language included in Article 7 (Termination of Contract) as well. Mr. Hutchinson stated the Board could approve the contract, subject to this revision. Mr. Hutchinson said it was included in his contract and he will speak with Legal to have the appropriate language added to the contract. Chairperson Heavilin had a question regarding Ms. Bright's duties and functions. She noted there was no provision that Ms. Bright would act as Executive Director in the absence of the Executive Director. Mr. Hutchinson stated only the Board could give Ms. Bright authority to act as Executive Director in his absence. He pointed out that her duties include supervising the agency staff when applicable. Mr. DeMarco asked Ms. Bright how this new position differed from her current position with the Delray Beach CRA. It appeared to Mr. DeMarco that her duties with the Boynton Beach CRA were different from the ones in Delray Beach. Ms. Bright explained what her current duties were with the Delray Beach CRA, her primary role being the right hand to the Executive Director on all executive matters. She is also Secretary to the Board and keeps staff advised of the meetings, etc. She is the Human Resource Director for the office and is in charge of all service contracts. She is also responsible for the properties that the CRA owns. She does public relations on behalf of the Agency and they are in the process of developing a media plan to address issues in their community. Ms. Bright supervises the office staff and handles the general duties connected with that function. She pointed out that the Assistant Director position is a promotional opportunity for her. Mr. DeMarco asked Mr. Hutchinson what Ms. Bright's duties would be with the Boynton Beach CRA' Mr. Hutchinson explained that the Delray Beach CRA does not have the same program as Boynton Beach. He feels that Ms. Bright's management skills will be beneficial to the agency. He pointed out that Ms. Bright's focus would be on operations, which requires a great deal of work and she will be taking on a big management role compared to Oelray Beach. 3 Meeting Minutes Community Redevelopment Agency Special Meeting Boynton Beach, Florida May 24, 2005 Mr. DeMarco felt it was important Ms. Bright be aware of what she would be doing for the Boynton Beach CRA. Mr. Hutchinson explained that he went over this thoroughly with Ms. Bright during her second interview. Vice Chair Tillman noted the diverse programs that the CRA is involved in and asked Ms. Bright about her skills in dealing with the public. Ms. Bright explained she deals currently with business development grants, affordable housing units and the public on a daily basis. She stated in her resume that she has the ability to communicate from the basement to the boardroom. She pointed out the diversity that exists in Delray Beach and noted she has a sensitivity to people's needs. Ms. Bright has a Master's Degree in Clinical Psychology. There was a consensus among the Board that Ms. Bright was the right candidate with all the necessary skills that the CRA is in need of. Vice Chair Tillman pointed out it was important that Ms. Bright was aware of the growth taking place in the CRA, while maintaining the focus of the CRA mission. He felt that Ms. Bright was well aware of these issues and would be able to carry out the mission statement. Mr. DeMarco inquired if the Delray Beach CRA was aware that Ms. Bright was seeking this position and she responded they were aware of this. Mr. Hutchinson reported that Ms. Bright would begin her new position June 20th. Motion Vice Mayor Tillman moved to proceed with the consideration to hire Lisa Bright as Assistant Director with the changes necessary in the contract regarding termination as reviewed by Legal staff and with a starting date of June 20, 2005. Motion seconded by Mr. DeMarco. IV. Adjournment There being no further business, the meeting properly adjourned at 6: 18 p.m. Respectfully submitted, ~H.H~ Barbara M. Madden Recording Secretary (May 27,2005) 4 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida December 15, 2005 has been set for trial in the 4th quarter of 2006. The suit should be settled and there is no reason to believe it will impede the project. Board Attorney Spillias announced he was aware the suit is for monetary relief but it doesn't mean that between now and the time of trial, an amendment to the pleading that would bring other causes of action in wouldn't occur. He explained, however, if there were anything that affected the ability to develop or utilize the property, they would know about it. Attorney Spillias further added they produced documentation in response to a subpoena having to do with the Ocean One project and the eRA provided their documentation. The discovery is ongoing. Mr. Elam indicated they are unable to gift the 400 public parking spaces to the City, so they need to work within the Direct Incentive Program. They will work with staff to develop a proposal to help this come about. This could be the only opportunity to address parking issues. Mr. Elam clarified staff asked the 400 parking spaces be included. The estimated value of the 400 parking spaces would be in the $8M to $12M. Mr. Barretta noted the Board will commence visioning and commissioning some consultants for retail along Ocean Avenue on December 21st. He suggested Mr. Elam be a part of those discussions so everyone will be on the same page going forward. It was discussed a study is only as good as the questions asked and the results are not etched in stone. There were no other questions or comments on this issue. C. Recommendations for Implementation of the HR Study as a result of the November 17, 2005 Workshop CO'5\-- 4 (, I~OO ,0 C Ms. Bright stated there was a workshop on November 1 yth, 2006 with Florida Employer Solutions to conduct a written revision of CRA job descriptions, an organizational chart, and a pay and classification study. The recommendation of the contractor was to break the organization down into departments. Based on the organizational chart they follow it was noted that several departments lagged the market in pay. Ms. Bright advised the Board in the 2005-2006 budget, $72K was budgeted as a line item to rectify the pay disparities under the former Director. The spreadsheet developed indicates what was existing on the books as it went into the budget approved in September and made recommended increases based on position, not incumbent. The actual net change is $92,506 dependent upon the date the Board selects and whether they go retroactively. Ms. Bright stated the only change that has been made is the administrative position is now part time and not paying benefits. They would like to upgrade the receptionist position to take on more of the administrative office duties and responsibilities. 7 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida December 15, 2005 There was some discussion that the proposed increases had a range of salaries The two positions that were fairly behind were the finance director and planning director. With those two positions upgraded, everything else was structured to reflect the rankings and was at mid-point range. Ms. Bright requested clarification on what end of the range should be used and explained she based her ranges on the 50% mark. There was also discussion on the option whether increases could be in increments which was also an option. Ms. Bright was looking for a range of salaries for anyone on the books and their administrative policy requires this be addressed. Ms. Bright clarified the marketing and events position, and marketing and communications are two separate positions. The CRA is looking to create a joint partnership with the City of Delray Beach, the CRA, and the Chamber of Commerce and is looking to hire one events person that would be shared. Then if each individual organization wants their own event, the marketing and communications person would handle that event. The Finance Director was previously called Comptroller. Ms. Bright noted Mr. Reardon handles a lot of operations issues. The Bookkeeper is now called Finance Assistant. Three positions have been approved, one is the Planner, the Economic Development Director position is the same as the Small Business Development Director and an Assistant Director. There was consensus to put the Assistant Director position on the January agenda. Motion A motion was made by Ms. Horenburger, seconded by Mr. Tillman to approve the proposed salary and title changes. There was discussion on what effective date to use and whether or not to make the salary and title changes effective January 1 st Ms. Horenburger amended her motion to included the effective date of January 1. 2006, Mr. Tillman amended his second. A vote was taken and the motion unanimously carried. Ms. Bright explained there is $72K set aside by the former Director for the payments to be retroactive. Mr. Reardon, Finance Director addressed the Board and verified there are funds to cover this. Chairman Heavilin requested confirmation that the intent of the previous Director was to upgrade the positions effective September 15. Mr. Reardon confirmed that it was the intent. There was discussion on the expectation that was given to Ms. Bright, Mr. Reardon and Ms. Margie Adelsperger by the former CRA Director that the salary issue would be rectified. Motion A motion was made by Mr. Fenton to make the salary increases effective to October 1. Motion seconded by Mr. Barretta. There was discussion and consensus that the motion includes salary and title changes retroactive to October 1. A vote was taken. No nay votes. Motion carried. R Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida December 15, 2005 Ms. Bright reviewed they are creating a position of Economic Development Director and this is the position most needed at this time. Motion A motion was made by Mr. Fenton, seconded by Mr. Barretta to create a position of Economic Development Director at the salary proposed. A vote was taken. No nay votes. Motion carried. C. Consideration of Purchase Agreement between CRA and Victor Scarpulla for property located in HOB Phase I Ms. Brooks introduced the item and stated the owners of this property came forward two months ago indicating a desire to sell. She explained the owners were shopping offers from other developers, but they did approach the CRA again recently confirming they wanted to sell. The unit is a duplex unit and the price is $330,000. The CRA will pay the closing costs and attorneys fees which is customary for the Agency to do in these types of proceedings. Ms. Brooks recommended approval of this item and clarified this action will pull the property out of the eminent domain proceedings, and move the Heart of Boynton project along faster. Ms. Brooks explained she had received data on this issue and appraisals made about a year and a half ago. It was noted that based on the Bob Katz house, they paid $250,000. The Katz home needed significant repairs. This home is in better condition. Mr. Fenton stated however, this is a catch 22 and we are driving the prices up. Board Attorney Spillias indicated they prepared the document . The agreements are reviewed by legal counsel and signed off on Ms Horenburger would like to see all sign offs on one page. Motion A motion was made by Mr. Barretta, seconded by Mr. Fenton to approve the request. A vote was taken and the motion unanimously carried. D. Consideration of Purchase Agreement between CRA and Cedrick Edwards for property located in HOB Phase I Ms. Brooks reviewed the request and added this item is similar to the previous item. Motion A motion was made by Mr. Barretta, seconded by Mr. Tillman to approve the request as presented. A vote was taken. No nay votes. Motion carried 6-0. 9 ~~eeting Minutes Community Redevelopment Agency Boynton Beach, Florida February 14, 2006 The motion passed 6-0. (Mr. DeMarco was back on the dais.) VII. Pulled Consent Agenda Items IV-G Acceptance of the Minutes from the eRA Board Meeting - January 10, 2006 Attorney Spillias indicated on page 15 of the subject minutes, first full paragraph, second sentence, the words would be should be inserted in front of determined and the word determined followed by later, with the rest of the sentence proceeding as stated. He wanted it to be clear the quick take process did not have the taking and the amount determined at the same time. He was saying that in the quick take method, you get the property and the amount is determined at a later time. Motion Mr. Barretta moved to approve the subject minutes as amended. Mr. Myott seconded the motion that passed 6-0. IV-I Consideration of a Contract with L.J. Craig & Associates to provide Job Task Analysis and Establish Full Time Employee (FTE) Staffing Requirements Chair Heavilin wanted assurance that setting of goals and accountability for the different positions would be part of the scope of work. Ms. Bright responded several Board members had expressed interest in having work plans and management by objectives. L. J. Craig & Associates would be analyzing the CRA job descriptions, establishing accountability and determining individual workloads. Chair Heavilin felt that prior to this, there had been very little goal setting or accountability and Ms. Bright agreed. Motion Mr. Norem moved to approve a Contract with LJ. Craig & Associates to provide Job Task Analysis and Establish FrE Staffing Requirements. Mr. Myott seconded the motion that passed 6-0. (<::)SA - 4t-ll~ 7- 00 -~~,XOo. '00 IV-K Consideration of a General Fund Budget Amendment for the CRA 2005-2006 Approved Budget (Resolution 05-14) Mr. Myott asked Mr. Reardon to comment on this item. Robert Reardon, CRA Finance Director, explained the item related to amendments to the 2005- 2006 Budget. Mr. Myott asked about losing the contingency in Exhibit A. Mr. Reardon indicated he had found the money in the bond principal payment "guesstimate, and put it into the contingency account when the budget transitioned from a narrative one to account-based budgeting. In the future, he would be in charge of budget preparation and would work with the Board. If the Board chose to have a contingency account for its own purposes, he would only suggest changes to the contingency account based on the Board's recommendation. In every other account, he would be able to move money from department to department on his own. He would be coming 16 From: 051221"'-18 09: 43 #283 P 004/01 B Work Plan for Conducting AJob Task Analysis for each POIition, In Order to Evaluate Work Load and Staffing Requirements for the Community Redevelopment As.noy of Boynton Stach I. Jo~ Taak Ana.y... Preparation A. Review any previous job analysis reports, organizational information (e.g., annual reports, monthly reports etc.) for all positions in agency. B. Review current job descriptions. C. Compile preliminary list of job tasks, knowledge, skill, ability and other personal characteristics (KSAOs) data for eaoh position from the Agency and other avail_ble sources. D. Prepare a draft questionnaire that will be used in each one-on-one interviews with each staff person. E. Finalize all draft Job Task Analysis Questionnaires in preparation for one- on-on_ meetings with each staff person. 1. Each. JT A will includl!' Time Spent, Number of Hours to Complete each Task:, Extent Upon Entry, CriticalitylConsequence of Error and KSA sections. 2. Each JTA will be finalized after meetings with staff. Sub..Total: $2.836.00 II. Job Task AnIllyJ.,. Question..',. Admlnlatnd~ and Data An4!llv8la A. Meet with eaoh staff pereon (i.e" five staff) and complete questionnaire with thwn. B. Tabulate data from all questionnaires for all positions. C. Revise Job desc:riptions; I.e., add additional tasks, minimum qualifications etc. D. Write job descriptions for planned positions and make recommendations for additional positions needed baeed on workload indicators. E. ,Prepare report which will include but not be limited to the following data analyles for each position: 1. Break out and definitions of major duty areas 2. Ratings of Importance on Time Spent on Major Duty Areas 3. Ranking In Order of Mean Time Spent 4. Estimated number of hours spent to perform each task or project 5. Ranking (Jf jfT1)ortance of talks 3 From: 05/22/~~qS 09:43 1293 p.OOO/mB 6. Separate listing and detailed description of a"knowledge, skills, abilities and other characteristics (KSAOs) most important for auccess in each position 7. Job Analysis Linkage data; i.e, linkage of each duty area with each ability area 8. Physical requirements of each job for ADA compliance F. Meet with Executive Oirector to review and revise all material. G. Finalize Job Task Analysis Report (i.e., eaoh staff person's JTA report and written sumrrery report with recommendations). H. Submit final documents in hard copy and on disk or CD. Sub-Total: $4,'11.00 FINAL TOTAL: $7,71,7.00 4 From: OS/22/ "''16 09:45 #293 P 017101 B Mar 16 OS 11:1~a frank l>>illlS 561-3191-5077 1:. "l Additional Work For Conducting A Job Taak Analysis for Four Additional Positions. In Order to Evaluate Work Load and Stafffng Requirements for the Community Redevelopment Agency of Boynton Beach '" ~~ ~I 91 i .1 !~: 1If: II nt. ..... 'Iu;~lm!li~,. I 111_ "or.::'. ~ or.! ':'~;"~i.illlli:!:i~II~~~!.2lI!!1!!li~i!11I1 J.. II ....;iiir;:~.~,~g II. Job T..k AnalV'.,s C",_8tionnaire Administration and Data Analvsis A. Meet with each staff person (I.e. , four additional s1aff; Le" Robert Reardon, Interim As$istant Director/Director of Finance/Operations Supervisor,Phyllis Zitcer. Receptionist, Rosalind Murray, Director of Economic Development, and Vince Johnson, Planner) and complete the questionnaire with them. B. Tabulate data from all questionnaires for these additional positions. C. Write new job descriptions D. Write job descriptions for these positions and make recommendations for additional positions needed (based en workload indicators. E. Prepare report which will include but not be limited to the following data analyses for each position: 1. Break out and definitions of major duty areas 2. Ratings of Importance on Time Spent on Major Duty Areas 3. Ranking in Order of Mean Time Spent 4. Estimated number of hours spent to perform each task or project 5. Ranking of importance of 1asks 6. Separate listing and detailed description of all knowledge, skills; abilities and other characteristics (KSAOs) most important for success in each position 7. Job Analysis Linkage daia; I.e. linkage of each duty area with each ability area 8. Physical requirements of each job for ADA compliance F. Meet with Executive Director to review end revise all material. G. Finalize Job Task Analysis Report (Le'l eaoh staff person's JT A report and written summary report with recommendations). H. Submit final documents In hard copy and on disk or CD. ADDITIONAL COST: $3,800.00 3 Discord imperils Boynton eRA board By Will Vash Palm Beach Post Staff Writer Tuesday, April 04, 2006 BOYNTON BEACH - A memo by a Community Redevelopment Agency board member alleging abuses by her colleagues, including "intimidation" of CRA staffers and conflicts of interest of other board members, threatens to unglue an agency charged with managing unprecedented growth in the city's core. CRA board member Marie Horenburger repeatedly questioned the role of one unnamed CRA member in her memo, complaining of his "unacceptable behavior" with staff members, a possible conflict on a project involving the agency and advocating positions that would directly help his business. She also was critical of the roles of other board members. "If any board member is relying on board membership to help them make a major portion of their living, that board member needs to resign so that they can do business with the agency and developers in the CRA area," Horenburger wrote in the March 21 memo. "Otherwise that person's actions will only serve to taint the city, the agency's work and even his or her own work in the long run." Architect and CRA member James Barretta, believing that many of Horenburger's accusations were directed at him, responded with a five-page memo rebutting the allegations. "Ms. Horenburger is simply taking little bits and pieces of information, and drawing the wrong conclusions or she is gunning for me, as she was gunning for our former executive director," Barretta wrote on March 27. "I will choose to believe that she is just drawing the wrong conclusions from being partially informed. " Mayor Jerry Taylor said Monday the flurry of accusations concerned him and if the CRA can't get things in order soon, he would consider the only option open to the city commission - dissolving the CRA board. "Right now I don't know what's fact and what's fiction," Taylor said. "It sounds like the board members are in disarray." Horenburger wrote that one member "went ballistic with staff when he learned that he could not be hired on a self-assembly project because the CRA owns property that will be part of the project. " In his response, Barretta wrote he had discussed the possibility of designing a project with a member of a group of five property owners assembling their own lots for redevelopment in the Heart of Boynton area, but had not gone further. He said he had discussed the idea with the CRA attorney and CRA Executive Director Lisa Bright. "I have never formally been asked to provide services and have not lifted a pencil or paper. I withdraw my name from consideration for this project to avoid any question of conflict," Barretta wrote. "The notion that I ever went ballistic or was told to resign is a complete fabrication. " Horenburger also pointed to a complaint letter tiled by a CRA staff member. The letter, which was given to Bright, said the staff member's working relationship with Barretta "created a hostile working environment." "Due to the stress caused to me by Board Member Barretta, I am requesting that Mr, Barretta direct all of his requests... to you," staff member Vivian Brooks wrote. Her letter also alleged that Barretta fired a former CRA staff member from his business as retribution. Barretta later rehired that employee. Barretta, who could not be reached for comment Monday, said in his memo that he and the staff member "had addressed our issue due to my initiative. I' Although Barretta responded to several of Horenburger's allegations, others were directed at different board members. "Other recent questionable things are that a third member insisted he be paid by the CRA for a project he claims he worked on with the former administrator's knowledge, a fourth member neglected to publicly declare a conflict of interest on an item presented to the board that his tirm worked on, and a fifth member applied for a job with the agency while still on the board putting the new director in an awkward position," according to Horenburger's memo. Chairwoman Jeanne Heavilin, who applied for the recently filled CRA's director of economic development position, said she didn't want to comment about the memos. But eRA board member Steve Myott said that the eRA attorney was drawing up much. needed rules that would help protect staff from intimidation and create a recourse for unethical behavior. "It's just like raising kids," Myott said. "If you don't have means to discipline you have no way to control behavior." Bright said such rules will be discussed at the agency's regular meeting April 11. "We just didn't have any policy in place," Bright said. "I think this shows that the board cares and is committed and trying to change." The CRA board, buoyed by multimillion dollar bond issues for an affordable housing program and land acquisition in the Heart of Boynton, must also deal with the development of the downtown core, the restoration of the city's marina, a possible sea creatures museum, the future of the 1927 high school and increasing interest in the area by developers. "I think it's a very critical time," Taylor said. "We're talking about a lot of taxpayer money here," In her memo, Horenburger said the problems she uncovered weren't entirely the fault of board members. "The problems seem to have roots in the past administration that fostered a culture of confusion and blurred the line between ethical and unethical behavior," Horenburger wrote. "The atmosphere fostered by the former director still pervades the organization," Former CRA Director Doug Hutchinson, who is now a private development consultant in the area, said he was getting tired of being blamed by Horenburger. "I wish I was even half as good a crook as she thinks I am," Hutchinson said. "She's always after a conspiracy. It's all half-truths." Myott, who has been critical of Horenburger for her alleged behind-the-scene role in Hutchinson's abrupt resignation last year, said new rules would prohibit "lone rangers" intent on following various interests involving the CRA. He said CRA meetings are an appropriate time to VOIce concerns. "This situation has gotten where we beat each other up in memo form," Myott said. "Everything needs to be honestly presented." Horenburger said Monday night she stood by her memo. "There is no conspiracy here," Horenburger said. "These guys are just playing fast and loose with the truth. " Meanwhile, city commissioners are watching from the wings. "They have to be very careful not to cross that line," Taylor said. "They're basically an independent board. Our only real option is to abolish it." Boynton eRA board member quits after ouster vote By Will Vash Palm Beach Post Staff Writer Thursday, April I J, 2006 BOYNTON BEACH - Community Redevelopment Agency board member James Barretta resigned Wednesday, one day after his colleagues recommended his ouster following allegations of improper behavior with agency staff and conflicts of interest. Barretta, a local architect who couldn't be reached for comment, faxed his one-sentence resignation letter to CRA Chairman Henderson Tillman. 'We're glad that Mr. Barretta had an opportunity to serve his city." Tillman said. "We wish him wel!." Barretta was absent Tuesday night when the CRA board voted 6-0 to recommend that city commissioners remove him if he violated any city policies concerning "inefficiency, malfeasance and misfeasance." The allegations stem from a March 21 memo from CRA board member Marie Horenburger. Horenburger repeatedly questioned the role of one unnamed CRA member in her memo, complaining of his "unacceptable behavior" with staff members, a possible conflict on a project involving the agency and advocating positions that would help his business directly. Barretta, believing that many of Horenburger's accusations were directed at him, responded with a five-page memo rebutting the allegations. He wrote that he discussed the possibility of designing a project with a member of a group of property owners assembling their own lots for redevelopment in the Heart of Boynton area, but had not gone further. He said he had discussed the idea with the CRA attorney and CRA Executive Director Lisa Bright. "I have never formally been asked to provide services and have not lifted a pencil or paper," Barretta wrote. Barretta was also the subject of a "hostile" work environment complaint by CRA staff. "Due to the stress caused to me by Board Member Barretta, I am requesting that Mr. Barretta direct all of his requests to you," Planning Director Vivian Brooks wrote to Bright. Barretta said he and Brooks had worked out their differences, but CRA members agreed Tuesday to hire a human resources lawyer to review the complaint. Besides recommending Barretta's removal, which only the city commission can do, the CRA panel adopted temporary ethics and work policies Tuesday while CRA attorney Ken Spillias meets with the city's legal team to draft specific rules regarding CRA behavior. Commissioner Muir C. "Mike" Ferguson said Wednesday the CRA board hasn't answered all the allegations raised in Horenburger's memo, including questionable behavior by several of her unnamed colleagues. "I think we have to take a deeper look into this," Ferguson said. "There are lots of little worms floating around in this can." But Vice Mayor Cart McKoy, who attended the CRA meeting, said he approved of the steps the board took to prevent future problems. "It sounds to me like they have some tangible plans in place," McKoy said. "In my opinion. they have dClnE; an outstanding job" City Commissioner Mack McCray, who attended the same meeting, had a different reaction "They still have issues," McCray said of the CRA board "I still thmk we need to dissolve the board and stari over." Meeting Minutes Community Redevelopment Agency Boynton Beach, FL April 11, 2006 Motion Mr. Myott moved to approve Item O. Ms. Heavilin seconded the motion that unanimously carried. VIII. Old Business A. Consideration of Staff Job Task Analysis - Linsey Willis, LJ Craig & Associates Dr. Linsey Willis was present and indicated she conducted over 18 hours of interviews spending time with each employee and developing job descriptions for the agency. She included a table of data and a report giving recommendations concerning staffing changes, and financial considerations. Ms. Bright indicated the comprehensive document is in the CRA office and is voluminous. It is available for inspection or copying. Action on this item will take place next month. Ms. Bright will send out a condensed memo for the board's review. B. Updated of Old High School Charrettes and Consideration of RFP Solicitation Corey O'Gorman, CRA consultant provided an update on this item and indicated he conducted Open House Sessions. Those who attended the sessions supported renovation, reuse, and adaptive reuse of the building and preferred uses whether public or private, that gave public access to and use of the building. The 52 people who attended the Open House Sessions agreed that well maintained grounds could be used for public entertainment and events and supported public funding of the project. The public input has been incorporated into the solicitation and the CRA is preparing to issue the solicitation which requests statements of qualifications and conceptual proposals from firms that are qualified to renovate and occupy the old high school. The firms also need to have a proven record of providing the financing necessary for the renovations as well as long-term operation and maintenance. The requirements of the solicitation are demonstrated financial capabilities; conceptual renovation plan, description of proposed uses and a business plan for long-term operation. There is a mandatory pre-poposal meeting scheduled for May 12, and proposals will be due on June 21, 2006. There were no comments from the board on this item. Ms. Bright indicated legal staff has approved the draft solicitation. C. Consideration of CRA Land Trust - Tim McKenzie, Burlington Associates Ms. Bright indicated this item was a continuation of an idea from the former director to create a land trust. Currently the CRA staff did not have a mechanism for implementation. In January, she spoke with Burlington Associates who helped Delray implement their program. Mr. McKenzie indicated to her that there are policy issues involved. Mr. McKenzie indicated for a Community Land Trust Program (CL T) to meet its full potential, the community needs to know and understand there is a big difference between an affordable ownership housing program and an affordable ownership payments program. The distinction has to do with outcome. He explained he has been involved with the start up of 80 Community Land Trust Programs and there are now close to 200 modeled after the ones from Burlington, Vermont. 21 BOYNTON BEACH eRA AGENDA ITEM REQUEST FORM Requested CRA Date Final Materials Must be Requested CRA Dale Final Materials MlISt be Turned Into Meetin\! Dates Turned Into CRA Office Meetin\! Dates eRA Office 0 January 10, 2006 December 27, 2005 (Noon,) 0 July II, 2006 June 27, 2006 (Noon) 0 Feblllary 14, 2006 January 31, 2006 (Noon) 0 August 8, 2006 July 25, 2006 (Noon) 0 March 14, 2006 February 28,2006 (Noon) 0 September 12, 2006 August 29, 2006 (Noon) G] April II, 2006 March 28, 2006 (Noon) 0 October 10, 2006 Se~ember26,2oo6(Noon) -......'; . May 9, 2006 April 25, 2006 (Noon) EJ November 14, 2006 October 3 1 , 2006 (Noon) 0 June 13,2006 May 25, 2006 (Noon) CJ December 12, 2006 November 28, 2006 (Noon) NATURE OF AGENDA ITEM . Consent Agenda o Director's Report o Old Business o New Business o Legal o Future Agenda Items o Other Item DATE: May 4,2006 SUBJECT SUMMARY PARAGRAPH: CRA Board 6-month Continuous Improvement Plan At the May 2, 2006 City Commission Meeting, the results of the "Discussion of the CRA" require the CRA Board to establish a strategic plan for the next six months governing performance standards of the agency. As a result of the last month's board direction to staff, the following items are in various stages of implementation: 1.) Conduct an HR Organizational Audit to evaluate board/staff interaction and communications. Interviews are complete and the executive summary should be ready for board review at the CRA Board meeting. The goal is to strengthen the Board's Rules of Governance as it relates to human resource practices of ~~ . 2.) Attorney Spillias and Lisa Bright met with Attorney Cherof and Sharyn Goebelt, City of Boynton Beach Human Resources Director to create an Interlocal Agreement to provide consulting HR services to .the Agency. This document is in the development stages and brought to the board at a later date. 3.) As a result of the meeting with the City's representatives, it was recommended that the CRA create HR accountability through the staff work program. Ms. Bright met with Dr. Willis and will be realigning the scope of work under the Finance Assistant position to handle the grievance and/or formal complaint process under the direction of the Executive Director. 4.) The organization audit revealed the need for closer communication with City to apprise them of the work of the CRA. In order to restore confidence in the agency, a spokesperson should be designated to provide regular updates to the City Commission on the activities of the agency. RECOMMENDATION: Discuss and outline the 6-month strategic plan for the CRA Board. FISCAL IMPACT/FUNDING SOURCE: Negligible to none. AL TERNATIVES: ~~t develop a strategy. ,) ~ i / C 1)\ I CRA STAFF: ~tl-L ' c' ~-t" . sa Bright, Executive Dir r T:\AGENDAS. CONSENT AGENDAS. MINUTES & MONTHLY REPORTS\Compleled Agenda Item Request Forms by Meeting\06 05 09 CRA Board Meeting\CRA Board 6-month Continuous Improvement Plan.doc L.J. CRAIG & ASSOCIATES" INC. Management and Organizational Consultants Designers of "People Management" System~ May 9th, 2006 Lisa Bright, Executive Director CRA of Boynton Beach 639 E. Ocean Avenue, Ste. 103 Boynton Beach, FL 33435 Dear Ms. Bright, Board Members and Mr. Spillias: The completed report is submitted for your review and information. It includes an Executive Summary, Findings, Comments and Recommendations and, the Interview Questions. A formal presentation will be made to you and other individuals, on Tuesday, May 9th. Thank you for the opportunity to provide consulting services to the CRA Board and CRA. It is very admirable that you have all been so willing to open yourself up and your organization to feedback from the Board members, your employees and the Legal Counsel to the Board. It is obvious that you want to make positive changes in the organization Overall, everyone was very happy that this process was occurring and are looking forward to moving ahead in a positive way. I want you to understand that my role is not to cover up or hide problems that have been presented by the CRA staff and stakeholders during their one-on-one interviews with me. My role is to identify problems and issues that have had either a positive or negative effect on the efficient and effective operation of the CRA. I anticipate that if you resolve the internal strife and prevent any further scandals (recent newspaper articles) that the City of Boynton Beach Commission will not dissolve the organization. Although some of the comments are critical, you need to understand that the Board members, employees and Legal Counsel were using the interview process as an opportunity to vent and be heard. This is very common in all organizations. Obtaining stakeholders' opinions about issues that affect theirwork place is a common Organizational Development intervention strategy. Also, the questions were very specific so I was able to obtain very specific data. I know that you all really appreciated being interviewed by an outside consultant concerning the CRA Board and CRA staff, and I believe changes and improvements can be made. However, change will not be successful if there continues to be dissension. , -~ Phone: (561) 750-8669 www.ljcraig.comlcwillis@ljcraig.com P.O. Box # 1628 Boca Raton, FL 33429-1628 Fax (561) 391-5077 The many dangers of leading organizations are addressed in detail in Ronald A. Heifetz and Marty Linsky's book, Leadership on the Line: Staying Alive through the Dangers of Leading. Heifetz discusses dealing with management and human resource problems which include discourse and dissension in an organization. So the leaders, which includes the Executive Director of the CRA, all Board Members and the Legal Counsel, must be willing to listen to what each other has to say and then have the personal courage and strength to make positive changes. Doing this can also be dangerous as it is so eloquently stated in the book. You are all leaders, so this is highly recommended book which you should all read. Please review and consider all of this feedback, and my recommendations as a developmental opportunity the CRA. On Saturday, May, 6, 2006 an editorial was written about the CRA. I agree whole heartedly with the final statements: "The CRA is on notice that it cannot afford any more internal strife. Its mission is too important and the obstacles ahead are big enough on their own." "Bottom line: The eRA must use its second chance and keep its act together." (Sun Sentinel, p. 16A, Saturday, May 6, 2006). s~erel~ _' ~C,LU~ Dr. Linsey C. Willis, SPHR President 4 EXECUTIVE SUMMARY An organizational audit of the Community Redevelopment Agency (CRA) of Boynton Beach Florida was conducted by Dr. Linsey C. Willis, SPHR, President of L.J. Craig & Associates, Inc., a management and organizational consulting firm Interviews were conducted during the weeks of April 24 and the first two weeks of May 2006. Nine (9) employees, seven (7) stakeholders (i.e., Board Members) and the Board Attorney were interviewed in small group meetings or private meetings by Dr. Willis each for up to one (1) hours. The following individuals (employees, Board members and Legal Counsel) were interviewed: 1. Henderson Tillman, Chairman, CRA Board 2 Stormen Normet, Co-Chairman, CRA Board 3. Marie Horenburger, Board Member 4. Alex DeMarco, Board Member 5. Steve Myott, Board Member 6. Jean Heavilin, Board Member 7. Lisa Bright, Executive Director, CRA 8. Robert Reardon, Interim Assistant Director CRA 9. Phyllis Zitcer, Executive Assistant 10. Susan Harris, Finance Assistant 11. Vivian Brooks, Planning Director 12. Vince Johnson, Planning and Development Manager 13. Rosalind Murray, Economic Development Director 14. Margee Apelsperger, Marketing and Communications Manager 15. Stacy Gallup, Administrative Assistant 16. Ken Spillias, Legal Counsel Each individual was provided with the newly drafted Boynton Beach Community RedevelopmentAgency (CRA) Rules of Governance and the CRA Office Policy Directives, and were asked to read the information prior to the interview. All responded to a standardized questionnaire (see the appendix) The interviews took less than twenty (20) hours to complete. The interview data was reviewed and included comments made by the interviewees The data was categorized in terms on general themes; i.e., board interference communication, board training etc. The general themes formed the basis for the 5 recommendations. This report outlines the issues raised by staff and the other stakeholders many of which were repeated by more than one person. The report also outlines specific recommendations for resolving the problems and improving the operation of the CRA, particularly in terms of Board Governance and communication between the Board of Directors and CRA staff. Many voiced the same opinions in certain areas, so in order to shorten the report and not be repetitious, some of the opinion statements were consolidated into one global statement about a particular issue. Based on the interviews several issues emerged and are listed below as either problems or areas in need of improvement. Further detail on the following is outlined in the Findings and Recommendations section of this report. Problems . Continuation of Board interference in CRA operations; e.g., undermining of Executive Director's authority and dictating to her how to manage and run the CRA . Amount of time Executive Director has to spend responding to some Board members regarding internal management of staff . Private discussions/conversations some Board members have had with staff regarding CRA issues brought to her attention after the fact . Political aspirations of one Board member . Board member role clarification . Some Board members appear to lack the experience and knowledge necessary to make meaningful, valid and relevant contributions to the operation of the CRA . Behavior of some Board members at monthly meetings . Disrespectful treatment of CRA staff by some Board members . Some Board members are already violating Rules of Governance . Continuance of staff intimidation by some Board members Areas in Need of Improvement . Length of monthly Board meetings . Written goals and objectives are needed; i.e., a Strategic Plan is needed . A performance appraisal system is needed which is linked to each employee's goals and objectives . Communication process between Board members and staff; i.e., communication not cleared through the Executive Director or inappropriate communication . Team building for CRA staff 6 . Role clarification for some CRA staff; e.g., role conflict . Board training . Trust between internal CRA staff and Board . Mission and vision of CRA needs further clarification . Further revisions needed to Rules of Governance In an Agenda Item dated May 4, 2006, at the City Commission meeting (see appendix), the CRA reported items in various stages of implementation. This reinforces that the administrative staff are working hard to make improvements. However, it should be noted that no change happens overnight, particularly culture change. Also, although a Strategic Plan can be prepared in less than six (6) months, all of the other improvements cannot happen overnight. Based on research, organizational change can take several years before measurable improvement is evident. Furthermore, it took many years of poor management, weak leadership, no internal controls, no strategic planning and inappropriate behavior on the part of some personnel and Board members to cause the CRA to become dysfunctional. No one should expect the recommended improvements to happen in six (6) months or less. Change and improvement starts at the top of any organization. As members of the Board of Directors, you are the top of the organization, so whatever you decide to do about the problems needs to unequivocal, and you all need to have a shared mission. In other words, you must be truly committed to change, and your decisions must be based on a majority vote, given that each Board member has one vote, and no Board Member has more power or authority than another Board member. Moreover, in order for change to take place people must be able to "check their egos" at the door, so to speak, and remember that the overall goal is to improve the City of Boynton Beach and not to further their careers or undermine what other people are doing. If Board members and some staff continue to undermine the Executive Director, and CRA staff do not work as a team, other scandals may occur which the media could identify. Then staff turnover will continue and completion of the work will stall. Then the City Commission may have no choice but to dissolve the CRA Board. This could set the City of Boynton Beach's development plans back and be a great embarrassment for the City and its citizens. Based on the work I have already completed for the CRA. my knowledge of its mission, some of the projects, and that it was created to be an independent governmental agency, to dissolve it would be a mistake. Furthermore, it would be a sad commentary on management and leadership if elected officials, who do are not the subject matter experts within a government agency, and do not perform the hard work, voted to dissolve another government agency because of power struggles, internal strife and ineffective leadership on the part of the Board of Directors. 7 In summary, the recommended changes need to take place so that the CRA remains an independent agency that will work toward the revitalization, beautification and economic viability of the City of Boynton Beach. 8 Recommendations for Improvement 1. Finalize inter-local agreement with the City of Boynton Beach Human Resources Department which will provide CRA employees legal protection under the state and federal employment laws (i.e., Title VII of the Civil Rights Act of 1964. the CRA of 1991 the FMLA, the Age Discrimination in Employment Act etc.). 2. Put all Board members on notice that they will be dealt with accordingly if they do not comply with the Rules of Governance. 3. Further clarify all points in the Rules of Governance. 4. Create a performance appraisal document for the Executive Director to ensure that the CRA Board annually appraises his/her performance. 5. Change the wording under 9.C to reflect "employment" instead of appointment. 6. Change the wording under 9 D. It infers that the Board of Directors can closely supervise the Executive Director. Perhaps this wording is why the Chair is so involved with day to day activities, he may be confused by the wording. He may also be confused as to what his real role is. 7. Remove the words "closely scrutinizing" (9. D. line eleven) and revise to reflect overseeing all aspects of the CRA....." This word may be interpreted by some Board members that they can micro manage the Executive Director. Examples of micro management are: 1) taking job tasks away from one person and assigning to another; 2) directing staff to do something outside the knowledge of the Executive Director; and 3) questioning the qualifications and skills of staff who have already been hired. 8. Change the wording under 9. F. to include putting all notification "in writing whenever possible." 9. Follow Roberts Rules of Order at all Board meetings. Assign the Executive Director or Legal Counsel to be the Parliamentarian. Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida May 9, 2006 E. Approval of Increase in CRA Per Diem Travel Rate Ms. Horenburger asked whether there was any enabling legislation containing a standard for per diem travel expenses. Mr. Reardon responded the existing level of per diem rate is above the standard. Motion A motion was made by Ms. Horenburger to approve the increase in the CRA per diem travel rate. Vice Chair Norem seconded the motion that unanimously passed. G. Approval of Job Task Analysis Work Product & Recommendations Vice Chair Norem asked what the basis of arriving at the salary figures in the product was. Lisa Bright, Executive Director, explained Dr. Lindsey Willis, who conducted the analysis, included the recommendations, which was not part of the scope of services. Ms. Bright indicated she would prefer to handle salaries in a different manner and had no objections to approving the item less the salary recommendations contained in Section C, Prooosed Oraanizational Chart and Other Recommendations of the report. Ms. Horenburger questioned the likelihood of a staff reduction as it pertained to the new eminent domain changes. Ms. Bright anticipated staffing would remain at the current level. Motion A motion was made by Ms. Horenburger to approve Item G, with the exception of Section C as previously discussed. Vice Chair Norem seconded the motion, which unanimously passed. I. Approval of Fac;ade Grant - Main Street Car Wash - $15,000 Mr. Sims questioned the amount of this item, which was listed in previous minutes as $5,000. Additionally he requested clarification on the amount of match required for the program. Mr. Vince Johnson, Planning and Development Manager for the CRA, responded the first request for $5,000 was withdrawn by the owner who was still in the process of submitting invoices for payment. Mr. Johnson explained the owner spent $34,000 on the improvements. As a policy matter, the program will allow for a match of up to 50% and the recipient was entitled to the maximum allowable match of $15,000. Motion A motion was made by Vice Chair Norem to approve Item I, the grant award for Main Street Car Wash. Ms. Horenburger seconded the motion. Ms. Horenburger suggested putting the Fagade Grant Program to workshop. She expressed with so much redevelopment occurring, she would not want to see money spent on improving buildings that may be demolished or sold. Vote A vote was taken to approve the Fagade Grant for Main Street Car Wash and the motion unanimously carried. 3 I Finance Director I Finance Assistant Key: To be hired In recruitment -~;; ~:;::::: "''''"', 11~~Y~T2~ eRA iIi East Side-West S".de-Seas"lde Rena",ssance Planning Director Development Manager Assistant Director --.J Economic Development Director Small Business Development S ecialist I Marketing & Communications Director Special Events Manager ,.'.FJ'mSltplmN'"(lIJASl'RTlA1rlmN'I"f&,$lIIl'(f:~ 'r.MN'(j&S,. , .'.w .", .'^' "........ ",..,. ~,..., .~..,,,.,~..IL,.. ".."".L,.,..., .'". ., ", ,,~,.II'~ .".",.....,._'~' I-M"".." "., "-"'. "" ", . ". ." " POSITION "', '." ~ 0'" " "'" Executive Director Assistant Director ~ r';:$f:tW('s..~fJh;J{;~,j.' ~;<:;. ~+Q\-~~~r~",~;,,~T - ; ., . Planning Director Development Manager ~,;!!~;~~"'f..~~o~"l~~~,,~~^~'__~~'!t:~~i':,-TiiJf-';,~;tt:l;""'<"j,:~~,~,,\ ,.,."'111, Economic Development Director Small Business Development Specialist ~\.j i."~',~.'a:...~.'~,.~~~;4;.:'1It'~)!lI,""J;)";-:7i 'i:.';,~:. "0";'" ,.,. Marketing & Communications Director Special Events Manager Marketing & Events Assistant ,",'", , 'b..,,"',",', Finance Director Finance Assistant 'I ,.: ' " Administrative Services Manager Administrative Assistant Key -- Yellow highlighting = VACANT position Green hlghflghtilig = In recruitment I MINIMUM II MID-POINT 11 MAXIMUM v' ., " . '. "-,' ":i' -, .., - "", ...." ' ;' .(,.: ~~:.' r" :.,.. ... "',' . -,' ~ . " :.t.,"'~,,:;!'...<; , $ 116,000 $ 90,000 , $ 86,000 $ 74,000 $ 87,000 $ 55,000 ,"1J..,'- $ 67,000 $ 60,000 $ 38,000 $ 80,000 $ 64,000 . $ 56,000 $ 38,000 $ 140,000 $ 110,000 $ 98,000 $ 90,000 $ 99,000 $ 70,000 $ 84,000 $ 75,000 $ 46,000 $ 92,000 $ 80,000 $ 75,000 $ 46,000 , ._ .,_':.. ; .,i",. $ 94,000 $ 78,000 , -. $ 72,000 $ 58,000 " $ 75,000 $ 40,000 $ 55,000 $ 45,000 $ 30,000 $ 66,000 $ 45,000 , '.' $ 42,000 $ 30,000 Source: 2005/2006 HR Organizational Study of CRA and Job Analysis Study by L. J. Craig & Associates Boynton agency, staff vent in report By Will Vash Palm Beach Post SUIt! Writer Tuesday, May 16,2006 BOYNTON BEACH - Call it Therapy 101 or a full-tilt gripe session. Either way, Community Redevelopment Agency board members and staff didn't hold back during interviews with a management consultant assigned to review the public agency as it hammers out new rules of conduct. At the top of the concerns was the meddling of agency board members, according to the report by L.J. Craig & Associates of Boca Raton. The review, meant to identify communication problems and offer advice to combat them, highlights the strained relationship between staff and unpaid agency board members through a series of unattributed comments. Agency Vice Chairman Stormet Norem, who was appointed to the body in January, said he hopes the review will mark a turning point. "If nobody wants to be embarrassed, then don't do anything to be embarrassed about," Norem said. "I think this can be fixed and I think we're on track to do that." City commissioners publicly discussed disbanding the agency board earlier this year after allegations of unethical behavior surfaced. In the end, the board was given a reprieve contingent on cleaning up its act. The report said agency members can do that by leaving staff members alone. "Just because the past director treated the staff as 'glorified secretaries' does not mean this behavior can continue," the report concluded. "They must also stop expecting staff to serve as their personal staff." New rules are supposed to prevent agency members from making unannounced appearances and usurping the executive director's authority. but the line is still murky. "We've had incidences lately that have made staff very distressful," agency Executive Director Usa Bright told the board last week. Some board members "are unwilling to give me that authority to do my job." One recent example was when Chairman Henderson Tillman had a heated argument with staff and told Bright not to place an item involving the internal hiring of an assistant director on an upcoming meeting agenda. "At the time we were trying to build in governance procedures. I didn't think it was fair or that it would be done right," Tillman said last week. "If someone felt wronged about it or I approached it wrong, I apologize." Board members told Tillman he did not have the power as chairman to unilaterally tell staff to remove items that fell under the purview of the executive director. "It should have stayed on the agenda," Norem said. "Let the board deal with each issue." That incident brought up another loophole: The board can't discipline itself. Agency attorney Ken Spillias said he was working with the city attorney on rules giving city commissioners a mechanism to do just that in case of future problems with the agency. Besides adding regulations to prevent board interference the report also recommended media hornlf'"..! II" board members so "they can all speak with nile voice" ;md that all memhers should he prepared f'l' meetings "Board members must read the reports before the monthly meetings," the consultant concluded. 'it has been apparent to many staff and other board members that some members have no idea or understandinq of what the issues are" Agency board member Steve Myott said the consultant's report will be a useful tool "I think it was good sounding board for everyone," he said, "We have got to do It right' Meeting Minutes Community Redevelopment Agency Boynton Beach, FL XII. Comments by Executive Director August 8, 2006 The MLK RFP's were received and Ms. Bright reported two proposals met the deadline and a third did not and was returned. Staff would begin reviewing the qualifications and the goal was to courier the qualified proposals to the board by Friday. Ms. Bright announced the City Commission would be recognizing Mr. DeMarco next week for his service. She invited the members to attend. Ms. Bright printed a cover sheet of an agenda item for the six-month board plan the CRA follows that would be used to apprise the City Commission of their efforts. Chair Tillman explained he had received a number of calls about how information is given to the City Commission and stressed the communication must be ongoing and properly channeled. The Executive Director meets with the City Manager. That relationship needs to be reaffirmed and continued. Chair Tillman indicated by doing so, the structure, integrity and creditability of the CRA will be maintained. If an individual Commissioner wants the Executive Director to do something, it may not always be in line with the CRA Director job responsibilities and in effect, that Commissioner may be asking the Executive Director to do something outside the purview of her job description. Ms. Heavilin explained while she was Chair of the CRA, it was requested she continue meeting with the City Commission for informational purposes. Ms. Bright's direction comes from the CRA board. The City Commissioners communicate through the Mayor and any directives should come from the CRA. Ms. Bright reported she meets with Commissioners about once a month for a recap and did not feel any Commissioner had been over utilizing her time, nor did she feel her job had been hindered. There were no written reviews of those meeting. The meetings were short and usually to answer questions Commissioners had from their constituency. Ms. Bright explained the CRA follows protocols. Mayor Taylor was present and indicated in his ~ mind, and he assumed, in the minds of the other Commissioners, the CRA operates independently. The decisions, unless they have to do with zoning, do not come before the City Commission and those decisions are made independently. To date, he has met three times with the Executive Director, in the presence of the City Manager, once a month for informational purposes. He asked questions and noted not all Commissioners attend the CRA meetings and do not know what transpires. He reported he gains a lot of valuable information from those meetings. He announced he does receive calls from his constituency and he has never directed her to do anything, nor would he. He confirmed if he needed something, he would take it to this board. He recognized Ms. Bright works for the CRA, and indicated he would like to have the meetings continue. He also complimented the CRA on their selection of a tenant for the old high school. XIII. Comments by CRA Board Attorney Attorney Spillias provided an update on the St. Paul AME Church lease. He announced the Chair sent a letter to the State Attorney and they were waiting for a response. He also 17 ~~~~Y~Te~\CRA Ii East Side-West S'lde-Seas'lde Rena'lssance MEMORANDUM TO: Janet M. Prainito City Clerk FROM: Robert T. Reardon CRA Assistant Director DATE: January 29, 2007 RE: R07-012 -Interlocal Agreement Between the City and CRA for Human Resources Services As requested, attached is the original contract executed by the CRA Chairman and the CRA Executive Director for the above referenced ILA. Once the ILA is executed, please send us a copy for our records. Thank you. 4/J#t- Robert T. Reardon, Assistant Director Attachment 915 South Federal Highway Boynton Beach, Florida 33435 Ph: 561-737-3256 Fax: 561-737-3258 I! 1 2 RESOLUTION NO. R07- 0 { {;.... 3 4 5 A RESOLUTION OF THE CITY COMMISSION OF 6 BOYNTON BEACH, FLORIDA, APPROVING THE 7 AGREEMENT BETWEEN THE CITY OF 8 BOYNTON BEACH AND THE BOYNTON BEACH 9 COM~TY REDEVELOPMENT AGENCY TO 10 PROVIDE HUMAN RESOURCES RELATED SERVICES 11 TO THE eRA; AND PROVIDING AN EFFECTIVE 12 DATE. 13 14 15 WHEREAS, the ~ Agreement permits the Boynton Beach Community 16 Redevelopment Agency (CRA) to utilize the City's Human Resource services including 17 participation ion the annual enrollment for medical and related insurance policies, 18 participating in New Hire Orientation for benefits, assistance with recruitment, records 19 management as well as access to City Human Resources staff for Human Resources 20 questions; and 21 WHEREAS, the City Commission of the City of Boynton Beach, upon 22 recommendation of staff, deems it to be in the best interests of the residents and citizens of the 23 City of Boynton Beach to approve the Agreement between the City of Boynton Beach and 24 Boynton Beach Community Redevelopment Agency permitting the CRA to utilize the City's 25 Human Resources Department for Human Resource related services 26 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 27 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 28 Section 1. Each Whereas clause set forth above IS true and correct and 29 incorporated herein by this reference. 30 Section 2. The City Commission of the City of Boynton Beach, Florida does S:\CA\RESO\Agreements\lnterlocals\ILA with CRA (HR Services).doc II , , , I hereby approve the Agreement between the City of Boynton Beach and the Boynton Beach 2 Community Redevelopment Agency permitting the' Boynton Beach Community 3 Redevelopment Agency to utilize the City's Human Resources department for Human 4 Resource related services, a copy of said Agreement is attached hereto as Exhibit "A". 5 Section 3. That this Resolution shall become effective immediately upon passage. 6 PASSED AND ADOPTED this ~ day of January, 2007. 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 2 29 30 31 32 CITY OF BOYNTON BEACH, FLORIDA ~~ / , , " 1n.~ ATTEST: " - '---- " S:\CA\RESOlAgreements\lnterlocals\lLA with CRA (HR Services).doc CITY CLERK'S OFFICE MEMORANDUM TO: Sharyn Goebelt Director, Human Resources FROM: Janet M. Prainito City Clerk DATE: February 15, 2007 RE: R07-012- Interlocal Agreement between CRA and City for Human Resource Services Attached for your information and files is a copy of the agreement stated above that was approved by the City Commission at their meeting on January 16, 2007. Thank you. ~m.p~ Attachment CC: Lisa Bright, Director eRA Finance 5: \CC\ WP\AFTER COMMISSION\Departmental Transmittals\2006\Sharyn Goebelt-09-13- 2 006.doc ~ 01- C) Id-.. INTERLOCAL AGREEMENT BETWEEN THE BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY AND THE CITY OF BOYNTON BEACH FOR HUMAN RESOURCE SERVICES 1 THIS AGREEMENT is made and entered into this ~ day of ~ua..r-dl ' 200~ by and between the BOYNTON BEACH COMMUNITY REDEVELOPMENT A ENCY ("CRA") and the CITY OF BOYNTON BEACH ("CITY") (collectively referred to as "the parties"). WITNESSETH WHEREAS, the CRA is a public Agency created pursuant to Florida Statutes Chapter 163, P art III and has as its purpose the redevelopment of portions of the City of Boynton Beach located within its geographically designated redevelopment area; and WHEREAS, the City is a Florida municipal corporation; and WHEREAS, the parties hereto desire to enter into an Interlocal Agreement in order for the CITY to provide Human Resource Services to the CRA. NOW THEREFORE, in consideration of the mutual covenants and promises herein contained the parties hereby agree as follows: 1. Term. The term of this Agreement shall be on a fiscal year basis commencing on and ending on September 30, 2007, with automatic renewals each year unless otherwise terminated in writing by the parties at least 30 days before the termination date. 2. Scope. (a) Access to Services: Participation in the annual enrollment for medical and related insurance policies; Participation in bi-monthly New Hire Benefit Orientation meetings; Participation in the City's Wellness Fair; Access to CITY consultants for customer service regarding benefit plans and customer service issues; Access to Benefit Administrator for questions and consultation. (b) Recruitment: Clerical skills testing; Advertising to fill vacant positions; (utilization of Bayard Advertising for reduced rates); Collection and review of applications for completeness; Conduct criminal background screening with third party vendor. Costs associated with advertising and background screening will be paid for by the CRA. (c) Records Manager: Personnel file management as requested by the eRA. (d) Other: Access to Human Resources staff bye-mail, phone, or scheduled appointment for day to day Human Resources related questions; Access to City Policies and interpretation; Access to City's Human Resources Director or other appropriate personnel regarding applicable human resources-related legal requirements and compliance with such requirements. The Human Resources staff does not provide legal opinions. (e) Special Projects: Specific Consulting Services (other than the consulting services described in (a), (b), (c), and (d) above); Exit Interviews: Reclassification Analysis; Human Resources Investigations. The CITY will be responsible for providing the following Organizational Development Service to the CRA: (f) Training: Boynton Beach Learning Center class participation; Computer Training; and On-Line Class participation. 4. Cost. The CRA agrees that it will pay FIVE HUNDRED DOLLARS ($500.00) per month for the services listed in (a), (b), (c), and (d) above. The CRA further agrees that it will pay ONE HUNDRED FIFTY DOLLARS ($150.00) per hour for the services listed in (e) above. The services listed in (f) above shall be paid by the CRA at a rate of FIFTY DOLLARS ($50.00) per class per student. 5. Office Location. The City's Human Resources Department is located at City of Boynton Beach City Hall 100 E Boynton Beach Blvd. Boynton Beach, FL 33425 (561) 742-6275 6. Applicability of Sunshine Law. The parties hereto agree that the conduct of the affairs of the Human Resources Department shall be in accordance with Chapter 286.01 L Florida Statutes, governing the Sunshine Law and that the records of the Human Resources Department shall be deemed Public Records pursuant to Chapter 119, Florida Statutes, and admini stered accordingly. 7. Governine Law. This Agreement shall be governed by and construed m accordance with the laws of the State of Florida. 8. Severabilitv. If any provision of this Agreement or application thereof to any person or situation shall to any extent be held invalid or unenforceable, the remainder of this Agreement, and the application of such provisions to persons or situations other than those as to ;:; which it shall have been held invalid or unenforceable shall not be affected thereby, and shall continue in full force and effect, and be enforced to the fullest extent permitted by law. 9. Entire Aereement. This Agreement constitutes the entire understanding of the parties and any previous agreements, whether written or oral, are hereby superseded by this Agreement. This Agreement may be modified in accordance with Paragraph 11 below. 10. Modification of Aereement. This Agreement may be modified upon mutual consent of the parties only in writing. 11. Bindine Authority. Each person signing this Agreement on behalf of either party individually warrants that he or she has full legal power to execute this Agreement on bebalf of the party for whom he or she is signing, and to bind and obligate such party with respect to all provisions contained in this Agreement. 12. Disputes. In the event of any dispute arising among the parties with respect to the interpretation of the respective rights or obligations provided for by this Agreement, the same shall be resolved by mediation with such mediation to be conducted between the City Attorney and the CRA Attorney. If mediation is unsuccessful, any and all legal actions necessary to enforce this Agreement will be conducted in Palm Beach County, Florida. No remedy herein conferred upon any party is intended to be exclusive of any other remedy, and each and every such remedy given hereunder or now or hereafter existing at law or in equity or by statute or otherwise. No single or partial exercise by any party of any right, power or remedy hereunder shall preclude any other or further exercise thereof. 13. Interpretation. This Agreement shall not be construed more strictly against one party than against the other merely by virtue of the fact that it may have been prepared by counsel of on of the parties. 14. Notices. Any and all notices required or permitted to be delivered pursuant to the terms of this Agreement shall be effective upon receipt, but in any event no later than three (3) business days after posting by U.S. Mail, certified or registered, postage prepaid or one (1) business day after deliver to an expedited courier service such as Federal Express to the addresses listed below. Any of the parties described herein may change their address by giving notice to all other parties set forth in this subsection. If the CITY: City of Boynton Beach 100 East Boynton Beach Boulevard Boynton Beach, Florida 33425 Attn.: Kurt Bressner, City Manager With Copy to: James A. Cherof, City Attorney 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 3 If the eRA: Boynton Beach Community Redevelopment Agency 915 S. Federal Highway Boynton Beach, Florida 33435 Attn.: Lisa A. Bright, Executive Director With Copy to: Kenneth G. Spi1lias, Esquire Lewis, Longman & Walker, P.A. 1700 Palm Beach Lakes Boulevard, Suite 1000 West Palm Beach, Florida 33401 15. the parties. Effective Date. This Agreement shall become effective on the date last signed by COMMtY ~DEVELOPMENT AGENCY OF THE C Y OF ~ON BEACH By:;: ( // If --- .... :z:ai an l.. 5) .t 1~'7 A~Y~ C0 idv;te ~.. ~~O Lisa Bright, Executive Director CITY OF BOYNTON BEACH BY~ (I May Date: DB. -oj -07 Attested by; ~_ Kurt Bresner, City Manager l:IClien! DocumentslBoynlOn Beach CRA\2419-000\Agreements\Final Human Resources ILA (2).doc CITY ATTORNEY 4 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida May 8, 2007 Motion Ms. Horenburger moved for approval. Ms. Heavilin seconded the motion that passed unanimously. CRA Attorney Spillias noted the last page of the contract, the signature page, contained the legal sufficiency certification requested by Ms. Horenburger. XI. Comments by Staff Susan Harris, Finance Assistant, Human Resources Administrator, advised of recent discussions at the board level regarding the recruitment process in order to ensure the largest applicant pool possible for any position within the CRA. Subsequently, Ms. Harris and City staff implemented the City's own recruitment processes at the CRA. More than 150 resumes and applications were received for the Administrative Services Manager position. Of those 150, seven candidates were interviewed, and on the basis of those interviews, Ashley Buckley was hired as the new Administrative Services Manager. Ms. Buckley previously worked with a 21- member board with the Heritage Conservancy in Pennsylvania. XII. Comments by Executive Director Ms. Bright commented she received a telephone call from Stormet Norem apologizing for not being able to attend the meeting. His wife unexpectedly lost her 42-year old brother as a result of a heart attack, and his wife's mother was having emergency surgery tonight on her appendix. Staff recently had discussions to go forward with the purchase agreement with the Women's Club. Discussions were had at the City Commission level to ensure staff was reviewing the operations and maintenance of the Club. Staff also met with the Club's attorney. The Women's Club approached staff, and staff agreed to the general terms of $1.6M for a purchase price of a property valued at $2.4M. In exchange, they would like to use the facilities which could be incorporated into a purchase agreement. Staff also evaluated the Club's past three years of operating expenses, which average about $65,000. Last year they were $7,000 in the red. One of the reasons Ms. Bright made these remarks under "Executive Director Comments" was the Club's board did not approve of the agreement. Therefore, at this time, staff wished to entertain a Letter of Intent to their board. If their board approved it on Thursday prior to summer recess, staff could negotiate a purchase agreement through eRA counsel. Ms. Bright advised that staff brought this issue forward for discussion when they were retracting from monies from the direct incentive funding agreement, and the opportunity arose. She inquired whether the board had any interest in pursuing this issue. The $1.6M purchase price would go to the Women's Club for their fund raising efforts in the community. Ms. Horenburger believed rather than the board spending more than $1.5M, consideration might be given to a purchase option contract with a right of first refusal in exchange for paying 20 htto: / /www.5un-sentinel.com/news/local/oalmbeach/sfl- flpboyntoncuts0707oniuI07,0,3994664.story Boynton Beach plans to cut jobs and senior transit services Popular transit program among possible targets By Erika Pesantes South Florida Sun-Sentinel '7 .~'; 1G7 Boynton BeachCommissioners will begin slashing the city's proposed operating budget of $75 million during a public budget workshop Tuesday following property tax relief in Tallahassee. In a memo released Friday, city manager Kurt Bressner proposed a plan that would make program cuts and increase revenues through a utility tax that would bring in about $2.5 million. The proposals would also plug the hole on a $1.2 million deficit and allow for a surplus of about $680,000. On the chopping block were the popular "Shopper Hopper" transit program used mainly by seniors and a grant program for neighborhood improvements. The plan included cutting 21 city jobs, of which 10 are currently filled. The salary savings amounted to $1.4 million. "Nobody wants to cost anybody their job. However, it's a tough time right now," Mayor Jerry Taylor said. "We have to make the dollars stretch as far as they will." The city slowed down hiring employees in February, and of about 900 city jobs, 109 remain vacant, Bressner said. Employees who might lose their jobs include four bus drivers, a mass transit supervisor, a city clerk's office assistant, a city attorney's administrative associate, a tennis professional, a recreation manager and a utilities plan review analyst. The publiC is invited to comment on the 2007-08 budget proposal during the 11 a.m. Tuesday workshop held at the Boynton Beach City Library, 208 S. Sea crest Blvd. On Friday, seniors leaving the city's senior center objected to ending the "Shopper Hopper" program, which drives them to Publix, Winn-Dixie, Wal-Mart, Target, the Boynton Beach Mall, the city library and Oceanfront Park. "I'll be 90 next month, how am I going to get around?" said Rose Orlino. Milburn Lester, an 86-year-old World War II veteran, said he'd be devastated without the "Shopper Hopper." He stopped driving three years ago when his eyes failed him because of macular degeneration. "It would practically, honestly, force me out of the town," he said. "I'm pretty dependent on it." The 13-year transit program is paid for using $225,000 in local option gas taxes and $52,000 from the city's general fund. Bressner proposes using that money for street repairs. Additional budget savings included doing away with the City Hall in the Mall location and transferring services for recreational program registration to Intracoastal Clubhouse once it's built; not allowing for additional wage and benefits during collective bargaining discussions with police personnel and blue-collar employees;and not budgeting for subsidies for the redevelopment project for the Martin Luther King Jr. Boulevard corridor in the Heart of Boynton. The city also hopes to transfer special events expenses to the Community Redevelopment Agency. Additionally, Bressner offered in the proposed budget an inventory of the city's 684 services and programs and whether those should be retained, eliminated or reduced. The cuts allow for a $6.8 million savings, which Bressner said commissioners might have to seriously consider if voters in January support the super homestead exemption referendum. Some include cuts that affect basic services such as police patrolling and fire-rescue response times, library hours and contracting the county for animal control services. "There are so many what-ifs in the process and we're trying to do the behind the scenes due diligence," Bressner said. how it adds up: Propos ed budget - $75 million Proposed job cuts - 21 Projected salary savings - $1.4 million Overall projected savings - $6.8 million Erika Pesantes can be reached at epesantes@sun-sentinel.com or 561-243-6602. Copyright @ 2007, South Florida Sun-Sentinel MEETING MINUTES OF THE COMMUNITY REDEVELOPMENT AGENCY BUDGET WORKSHOP HELD AUGUST 9, 2007 AT THE WOMEN'S CLUB, BOYNTON BEACH, FLORIDA @ 6:00 P.M. Present: Jerry Taylor, Chair Jose Rodriguez, Vice Chair Carl McKoy Lisa Bright, Executive Director Susan Harris, Interim Finance Officer Margie Adelsperger, Marketing & Communications Director Vivian Brooks, Planning Director Mike Simon, Development Manager Absent: Mack McCray Ron Weiland I. Welcome Lisa Bright, Executive Director, opened the workshop at 6:06 p.m. and welcomed all. She provided a description of the CRA area and explained the CRA was a quasi-judicial board with the goal of increasing the tax base. She explained the function was to reinvest those revenues back into the community through programs and projects. Ms. Bright introduced the CRA team present. Margie Adelsperger, Marketing & Communications Director, thanked all for attending Summer Fest. Special events were an important part in marketing the downtown. She reviewed their goals and announced they were establishing a "Brand" to attract developers to build within the district, attract and retain visitors to the downtown to work and visit and deliver a clear message of the CRA program. In 2005, the CRA published an RFQ for a marketing and public relations consultant. Four companies responded and Ambit was selected and hired in 2006. Kathy Koch was present to make the first presentation. II. Presentations . Marketing and Communication Program - Ambit Marketing Kathy Koch, Creative Director, explained Ambit Marketing was a full service public relations and marketing firm. She highlighted the firm has a close relationship to the Urban Land Institute (ULl) South East Florida District Council. Articles and advertisements have been in Florida Trend magazine and the firm had over 20 years of publiC relations and marketing experience, as well as extensive economic development 1 Meeting Minutes eRA Budget Workshop Boynton Beach, Florida August 9, 2007 to $4.99 per rider in July 2007 with the average amount being $6.28 for the prior 12 months. The total cost to operate the system was $500K. Chair Taylor asked about trips to the beach. Ms. Stahlman explained this was a separate trolley route which would end in October, and that trolley ran only on the weekends. She explained it had not had a lot of riders. Ms. Harris explained because of low ridership on the beach trolley, the CRA was planning to eliminate that trolley and save about $46K per year. Vice Chair Rodriguez asked how much more would it be to add an additional beach stop to an existing trolley route. Ms. Stahlman was open to suggestions but indicated when she surveyed the riders and asked where riders wanted to the trolley to go, most respondents said SuperTarget and Wal-Mart, not the beach; however, as to how much more it would cost to add a beach stop to an existing route, Ms. Stahlman agreed to provide that information to the board. . Proposed CRA Police Program - Matt Immler, Chief of Police Matt Immler, Chief of Police, made a brief presentation. He reviewed in 2004 the CRA had funded four police positions exclusively for the downtown Heart of Boynton (HOB) area, but the program was discontinued in 2006. Chief Immler announced he was looking to revitalize that plan within the boundary area. The target area was from Woolbright Road North, the C-16 Canal and from the Intracoastal East to 1-95 West. The Community Action Team (CAT) would be the primary unit to establish contact with area residents and neighborhood leaders and they would work with the community to ensure resources were properly targeted. Chief Immler explained there was an anti-gang activity in the area in the C-16 north area and the department was looking to add discretionary services. Discretionary Deployment was the ability to deploy officers that could be pulled away from handling calls and deploy them as needed. They wanted to try to deploy a portion of the shift away from handling calls for service and servicing the area through bike patrols and other neighborhood activities. When the workload increased, calls started to stack up, Chief Immler announced the Police Department does not have much in the way of discretionary patrols. He explained the Traffic Unit was occasionally used and was typically assigned to high traffic areas and communities with a high number of residential complaints of speeding. In October, almost all officers would be assigned to Congress Avenue because of the holiday traffic. The only true deployment capability they had were two sergeants and eight officers on the CAT. He explained the CAT team had become so effective in their investigations that they were working with other law enforcement agencies. He explained if they could fund a sergeant and five officers, 4 Meeting Minutes eRA Budget Workshop Boynton Beach, Florida August 9, 2007 those officers could be totally dedicated to the CRA area and would 'guarantee coverage. The proposed total amount requested was $573,853 which covered the officer salaries, equipment and vehicles. Vice Chair Rodriguez asked if the officers were in addition to the existing head count and questioned if the additions would result in double protection or if they could be redeployed somewhere else. Chief Immler explained the present team assigned in the area could be redeployed as needed. The new officers would be dedicated to the HOB area, allowing for a daily presence. The officers would be deployed in twelve hour shifts. Chair Taylor explained for a viable downtown, the area needed to be safe. He had concerns because he still receives complaints from area residents about the area between Federal Highway and the C-16 canal, and Boynton Beach Boulevard. Citizens had complaints about prostitution at night and about vagrants and possible prostitution during the day at the marina and Mangrove Park. He thought the area could be serviced better with the additional force. Chief Immler explained the officers would be hired directly into the unit and they would go out for bid as per the union contract. Board member McKoy observed the team was more community policing than hard core policing. The team would be assigned by Major Briganti. The hours could change but the positions would be full time. At the moment, there was a police presence at the marina, with four officers and two marine boats assigned there. The officers assigned to patrol the water also patrol the area on foot. Ms. Bright explained the CRA was working with Lt. Harris to keep one of the marine vehicles at the marina. Chief Immler indicated the goals were to increase police visibility and presence; foster a working relationship with downtown businesses and residents and open the lines of communication between the CRA and the Police Department. There were no further questions on the presentation. III. General Discussion of eRA Proposed Budget Ms. Harris distributed handouts and reviewed the change was a new salary chart. She explained the General Fund Revenues were anticipated to be $l1M with the bulk was in Tax Increment Financing (TIF) at $9.5M. Despite the City having to rollback rates due to property tax reform, they anticipated an increase in TIF. She suggested reviewing the General Fund Expenses by department and answering questions. She also pointed out the eRA was looking for business sponsorships of Festivals and Events. eRA General Fund Revenues &. Expenses 5 Meeting Minutes eRA Budget Workshop Boynton Beach, Florida August 9, 2007 they could by allocating some contingency funds. She pointed out the entire schedule showed what was coming in anc1 going out of each bond and the service was quite even despite two huge balloon payments. It is up to the board if they wanted to pursue the prepay option. The only real significance was the project fund summary tab and salaries and benefits. She pointed out she took the lowest numbers they had. Debt service showed $3M would be due this coming year. Employee Benefits, Code 59000 The corrected chart segregated out the merit pool of 8%. The 8% included the Executive Director and the Board reserved the right to go beyond the recommended amount. Ms. Harris checked with other CRAs and that figure was lower than the typical amount used. She pointed out CRA employees do not have a pension, rather they have 457b and 401a Deferred Compensation Plans that provide a dollar to dollar match, up to 5% of salary, with zero vesting, as well as an annual non-contributory contribution by the CRA into the employee's 401a. The total column reflected salaries without the 8% increase. There was discussion the increases should be commensurate with City employees. It was noted City wages were in negotiation. Ms. Bright explained she needed to hire a Finance Assistant immediately. There was discussion to wait on the other vacant positions in the organization chart until after the Visioning process was completed. IV. Closing There was no further business and the meeting ended at 8:50 p.m. (Y . (J1cwZ/. ~vhAlVYl0ll1 Catherine Cherty-Guberman Recording Secretary 13 BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY SALARY SCHEDULE and RELATED PERSONNEL EXPENSES BUDGET WORKSHEET FOR THE FISCAL YEAR OCTOBER 1, 2007 - SEPTEMBER 30, 2008 HEALTH & CURRENT CAR FICA & 457(b) WORKERS NAME POSITION SALARY ALLOW. MEDICARE & 401(al COMP TOTAL BRIGHT, LISA DIRECTOR $ 115,000 $ 4,030 $ 9,810 $ 13,786 $ 7,708 $ 159,534 BUCKLEY, ASHLEY ADMIN. SERVICES MGR. $ 48,000 $ 3,966 $ 5,754 $ 10,781 $ 72,341 ZITCER, PHYLLIS ADMIN. ASST. $ 35,700 $ 2,950 $ 4,280 $ 4,617 $ 50,403 ...."1: ..",...;":.......;..., ..1:'''''"~<\t; ~~:.,:~~!f''-;(.~j)~~.":,(;.".~ ~. ~<;~..~;:..o/I1i':fI".<),':,.;.~i!-'- ,.',. ~ " \,,,;. S ~:f' Yo -'~'.' '.' C .' " BROOKS, VIVIAN ASSISTANT DIRECTOR $ 94,000 $ 2,600 $ 7,965 $ 11 ,269 $ 7,521 $ 130,875 HARRIS, SUSAN INTERIM FINANCE DIR. $ 75,000 $ 6,197 $ 8,991 $ 7,387 $ 103,575 TO BE FILLED FINANCE ASST/HR COOR. $ 55,000 $ 4,544 $ 6,593 $ 7,466 $ 78,003 r-. - ~..,_::.:t~..;.,. 'Il;~!"t-{ !lr"'" ..:11...l,.~j/:,"".... .,,,rh...., 1.~;I'_;.l;..~.'l/."\I>>';>,i<_'~~,";,..('1tt;)li-:.t..~..'"t'I.~''1>'''f'.,'.. '. ;~'t"';.:....,..;,;.l"...~. " .' . ' VACANT DIR. OF PLANNING $ 86,000 $ 6,579 $ 9,546 $ 7,493 $ 109,618 SIMON, MICHAEL DEVELOPMENT MGR. $ 70,000 $ 5,783 $ 8,392 $ 4,480 $ 94,255 VACANT ECONOMIC DEVL. DIR. $ 87,000 $ 6,656 $ 9,657 $ 7,664 $ 110,976 VACANT SMALL BUS. DEVL COOR. $ 55,000 $ 4,208 $ 6,105 $ 7,466 $ 72,778 .~~.t''lf'~~..~~<ll'01'l~''''''''k'"",.'!i .", '~','l~"'~ ~"114' ~ ,,>>,',f." ;.. .",~ . '-:-:"':".;";"""..''''''~.''''., ::' '" ADELSPERGER, M. MKTING. & COMM. DIR. $ 60,000 $ 4,957 $ 7,193 $ 7,664 $ 84,614 WISER, ALINA MARKETING/ACCT. $ 32,000 $ 2,644 $ 3,836 $ 7,455 $ 48,495 ~.l.!;,;.x:it;':;;:,*~...;\,>~...,;.;ofl, ;~.)~,~: \' " ,.J'~ ~1i'.' :" : ',"'';,~~:'''Y': ',.~;' ,';" " -"~' ,';'_0'.': , ' , ; : .~ . '.,' " BISCUITI, KATHY SPECIAL EVENTS MGR. $ 57,000 $ 4,709 $ 6,833 $ 7,576 $ 80,678 Current Staff + Finance Assistant $ 641,700 Merit/Promotion Pool of 8% $ 51,336 Total Current Staff + Finance Asst. plus Merit/Promotion Pool I $ 693,036 I $ 6,630 I $ 53,524 I $ 76,927 I $ 72,655 I $ 902,773 I -",\:' ~- . :;,~-';I~ ,.,~ ~".~ r,_,y~ :" 11~~Y~T2~:\CRA . East Side....West S".de-Seas".de Rena".ssance Finance Director Planning Director Finance Assistant & HR Coord'nator Accounting & Marketing Clerk b Key: To be hired (a) This is a shared position 51 ';0 eRA 49% City (b) This position will report to Finance & Marketing i\s of 11/20/06 Executiv.e Director I Assistant Director _\ Economic Development Director Small Business Development S ecialist , I I L ! --J ~ ) ' , POSITION , , ',. Executive Director Assistant Director ~~<"Ji~:.;tr,~it~~'~.~'::,~~~;T'::~"'-~~'~~"" ,:~,,! ;;.;~",~..- :.," ., " " ,. '. Planning Director Development Manager . .fJ7~ ;~.'i:;.. \,"t;;"';":~;'':.' ':,::~f" \~'i":.);1.'~Y;Ht:~"!~::'1~f",' ^,}.~,;~';~";:".::i <<. 'l;"~;':,,:; ..... ~ . .:",- ,~ .~ Economic Development Director Small Business Development Specialist :~"'.:If}~ f ~.''t ~~;~~~'f~~~'r,l~ ":i"'.'\4'~~ ~t;<'l ;,~';~?\,\r~"':""~"~-~ \~'t.':t..~.: :~ -"~ ,..:- .~it-' Marketing & Communications Director Special Events Manager :: ,~.~t;O)~~m~#~'f~"~""r~ml.:~;~:~~'"'t:.i~...':'it :/..l:.......;/,"~: :1.; ": ~:: -,' -:',,' ~ ',. ...... Finance Director ~ - ----- ~ Finance Assistant &\wR Administrator, Accounting & Marketing ClerK ,. ::.. - "i :~~,."l'~... :""!~>;~;~""1P:1~?'''''~ ;~~"'~r';':,"'~~:'v':,,;,';~~::~-::~" .\:":" .\!" :' .....;, :' " ., Administrative Services Manager Administrative Assistant Key -- Yellow highlighting = VACANT position , ,...... I ~I,NIM~M II MID-POINT II MAXIMUM .. " .- $ 94,000 $ 116,000 $ 78,000 $ 90,000 ~~";~. '~:~;';r'!tl', 1,;" t'~' _._~. '.' "' .. $ 72,000 $ 86,000 $ 58,000 $ 74,000 :::t. ~ "~. ~1l5~~'-'L"~{<'.' ~: ; $ 75,000 $ 87,000 $ 40,000 $ 55,000 'Pi<l?',"" ~;',;:(...,,;;i.t~t, ':"",;; 'C\,~ ;"'.~ .~;;,,,;. ~,J.',;,~~~,,;. $ 55,000 $ 67,000 $ 45,000 $ 60,000 " .:"J;;~.:<t'i".,,"":"";' .' , , $ 66,000 $ 80,000 $ 50,000 $ 64,000 $ 30,000 $ 38,000 Y.' . ~~1'Zj:- .. , -:. $ 42,000 $ 56,000 $ 30,000 $ 38,000 $ 140,000 $ 110,000 ~,j:.",,",~,:, .....~ .'".,,,,-_.;,,-"'. $ 98,000 $ 90,000 h,;,"(" ,,-' $ 99,000 $ 70,000 , ,~ $ 84,000 $ 75,000 $ 92,000 $ 80,000 $ 46,000 $ 75,000 $ 46,000 , 0<9 - 5' 'J" 1'6 DO ~(~ ,,-- , /'1" }--.~/ ~S t.-1--'( ':)1 ;,,:;...y~,~ .{"" >." .t.:' --.-' i~. ii;::;; l' i! , ~~- ,...... ._~{..(:~(~'/;t~: j/ ;I,P (' 3 (v>"~ ",l--e) /(6)- .'~ #I~.-L ;~/ /..- ~_.., ~ ;i', '1.,.(~" BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY SALARY SCHEDULE and RELATED PERSONNEL EXPENSES BUDGET WORKSHEET FOR THE FISCAL YEAR OCTOBER 1, 2008 - SEPTEMBER 30, 2009 FY 08-09 -----, HEALTH & 1 FY 07-08 PROPOSED CAR FICA& 457(b) WORKERS COMP TOTAL TOTAL NAME POSITION SALARY SALARY ALLOW. MEDICARE & 401 (a) COMP ABSENCES CURRENT PROPOSED BRIGHT, LISA DIRECTOR $ 125,000 $ 125,000 $ 6,500 $ 10,060 $ 13,875 $ 8,442 $ 4,000 $ 167,877 $ 167,877 BUCKLEY, ASHLEY ADMIN. SERVICES MGR. $ 49,920 $ 51,917 $ 3,972 $ 5,763 $ 8,074 $ 2,000 $ 69,728 $ 71,725 VACANT ADMIN. ASST. $ 35,700 $ 35,700 $ 2,731 $ 3,963 $ 4,906 $ - $ 47,299 $ 47,299 BROOKS, VIVIAN ASSISTANT DIRECTOR $ 101,520 $ 105,581 $ 3,900 $ 8,375 $ 11,719 $ 8,283 $ 3,000 $ 136,797 $ 140,858 HARRIS, SUSAN FINANCE DIRECTOR $ 80,250 $ 83,460 $ 6,385 $ 9,264 $ 8,112 $ 3,000 $ 107,011 $ 110,221 VILLANUEVA, GHISH FINANCE ASSISTANT $ 45,000 $ 46,800 $ 3,580 $ 5,195 $ 8,045 $ 2,000 $ 63,820 $ 65,620 VACANT DIR. OF PLANNING $ 86,000 $ 86,000 $ 6,579 $ 9,546 $ 8,160 $ - $ 110,285 $ 110,285 SIMON, MICHAEL DEVELOPMENT MGR. $ 75,600 $ 78,624 $ 6,015 $ 8,727 $ 5,027 $ 3,000 $ 98,369 $ 101,393 ----~._~-,-,_. VACANT ECONOMIC DEVL. DIR. $ 87,000 $ 87,000 $ 6,656 $ 9,657 $ 8,160 $ - $ 111,472 $ 111 ,4 72 VACANT SMALLBUS.DEVLCOOR. $ 55,000 $ 55,000 $ 4,208 $ 6,105 $ 8,110 $ - $ 73,422 $ 73,422 ADELSPERGER, M. MKTING. & COMM. DIR. $ 64,800 $ 67,392 $ 5,155 $ 7,481 $ 8,140 $ 3,000 $ 88,576 $ 91,168 .. WISER, ALINA MARKETING/EVENTS $ 37,000 $ 38,480 $ 2,944 $ 4,271 $ 7,986 $ 2,000 $ 54,201 $ 55,681 BISCUIT!. KATHY SPECIAL EVENTS MGR. $ 61,560 $ 64,022 $ 4,898 $ 7,106 $ 8,123 $ 3,000 $ 84,687 $ 87,150 OPTION 1: No Increases --------1 I I I -.1 i 1 I I ; $ 20,626 FY 2008-2009 with increases i I!.'661.,2761.~_ 10,400 1$ 51,3831 $ 73,4021 $ 70,230 [-'--.-"_~-I"-~" "] $ 891,691 i MINUTES OF THE COMMUNITY REDEVELOPMENT AGENCY BUDGET WORKSHOP HELD ON THURSDAY, AUGUST 7,2008, AT 6:00 P.M. IN CITY COMMISSION CHAMBERS, BOYNTON BEACH, FLORIDA PRESENT: Jerry Taylor, Chair Jose Rodriguez, Vice Chair Woodrow Hay Martene 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 6:00 p.m. II. Pledge to the Flag and Invocation Mr. Hay gave the invocation and Ms. Ross led the Pledge of Allegiance to the Flag III. Roll Call The above members were noted as present. Susan Harris, Finance Director, explained the board had previously discussed the impact of tax reform on the budget for the next fiscal year. She explained the TIF funds they received for this fiscal year totaled $9.5M. In the new budget year it would be $8.3M, a reduction of $1.2M. Staff would be looking to the board where to adjust or cut program allocations. Ms. Harris prefaced her comments by saying they reviewed what they expect TIF revenues to be in the next four years. The projections showed TIF funds without new construction at: ./ $8.3M for Fiscal Year 08/09 ./ $7.8M for Fiscal Year 09/10 ./ $7.9M for Fiscal Year 10/11 ./ $8.3M for Fiscal Year 11/12 ./ $8.7M for Fiscal Year 12/13 The figures with new construction would be different. It was noted there was no new construction for fiscal years 08/09 and 09/10, and most construction would occur between 2010 and 2013. The revenue generated in 2010 and 2011 from new Meeting Minutes Community Redevelopment Board Boynton Beach, Florida August7,2008 construction would be $3.2M, in 2011/12 it would be $3.3M and in 2012/2013 it would be $3.4M. The numbers were anticipated to change, but the current numbers represented their best estimate. The CRA assessed valuation figures were lower than the City's valuations. Part of the rationale for the budget deficit pertained to the impact of not having the southern properties in the CRA District amounting to $492K. Additionally, doubling the homestead exemption for some individuals reduced the revenue as did a correction on the assessed valuations for all residential and condominium units in Palm Beach County. The Property Appraiser did not reassess commercial or industrial properties, which impacted the revenues in addition to the market decline. The CRA only had two revenue sources which were the City, about 60% and the County which provided about 40%. The $8.3M TIF revenue had some allocations in terms of debt service and other items. There were contracts with the City for projects and services. There was an existing contract with Burkhardt for maintenance for hardscapes and landscapes on Boynton Beach Boulevard for $110K The CRA also pays the City about $40K for monthly maintenance and needed repairs. The CRA wanted to reduce that cost in the next year to $50K because they felt they could make the repairs on an as needed basis and for less than what they pay Burkhardt. The CRA Police Program had a $100K reduction. The City-wide events were allocated for $451 K, which was the total cost of the events and the personnel costs. It was explained in prior years, the costs were shared with the City; however, last year the City discontinued funding those events. The Federal lobbyist fee was a shared expense with the City. The CRA, in light, of the economic environment, felt the service was not needed. Additionally, they felt the State lobbyist service should also be discontinued. An Interlocal Agreement with the City for Human Resource services was used very little. The cost was approximately $6K and it was used only for recruitment which was included in the agreement. It was suggested the commensurate cost for the service be added to the Benefits Interlocal Agreement and the Human Resources Agreement discontinued. There was further discussion about the Boynton Beach Boulevard Extension maintenance contract. The net proceeds of Bond 1 were $18M. The CRA paid $9M for the construction of the extension and the Promenade plus the purchase of some property known as the Hall Property which needed to be made a whole parcel to allow the construction. The debt service on that was $637K per year. When the project was constructed, the title to the property was turned over to the City and the CRA only pays for the maintenance and repair. 2 Meeting Minutes Community Redevelopment Board Boynton Beach, Florida August 7, 2008 The 4th Street roadway improvements and the MLK corridor had no expense in this fiscal year, but would have an expense next fiscal year. The CRA had been carrying $1.8M for the 4th Street project in their fund balance since the Interlocal Agreement was issued, which was prior to the current Executive Director. The $1.3M for the MLK properties the City was anticipating payment on, would be made in the next year also. These were contractual obligations. Mr. Weiland noted the properties on MLK were acquired from the County as tax lien properties at a cost of about $60K. It was noted those funds were already included in the City Budget. The CRA had anticipated $492K in revenues from the Federal Highway Corridor properties being included in the CRA district. The Budget Highlights were reviewed as follows: The TIF revenues were reduced $1.2M, (11%) for the Marina. The CRA was moving forward with the marina construction through a county grant for its renovation. Some tenants would be moved and rental income would be decreased as a result of the construction. Overall there was a 12% reduction in revenue in the upcoming budget yel!lr. The CRA reduced its administrative expenses by $125K which included salaries, benefits and administrative expenses for all its departments. The reduction included a 4% COLA for staff only. These include membership fees and travel. Only travel for career benefit purposes would be covered. The account was reduced approximately $27K. Vice Chair Rodriguez pointed out the City eliminated 50 positions, Palm Beach County School Teachers will not receive any increases, nor will the Delray Beach CRA Staff. The total of the COLA was about $2pK. It was noted one position was terminated resulting in a reduction of about $40K. The City and other entities made sacrifices. It was noted the City allocated 2% for COLA and 1.5% for merit increases because of Union contracts. Ms. Bright explained they do not receive pensions and they based it on what H R advised them. There was discussion about the TIF revenues for 08/09. Ms. Harris explained two figures were represented because the CRA anticipated having to refund some TIF funds. Further discussion about the $20K for raises for eight employees was discussed. Ms. Harris explained it was 4% of whatever the current salary was and she distributed a listing of employee costs. Vice Chair Rodriguez noted the Delray Beach eRA budget was three times as large as this budget and their salary expenses, including the 3 Meeting Minutes Community Redevelopment Board Boynton Beach, Florida August 7,2008 Executive Director, was nearly $50K less. The members wanted to revisit the raise issue. The CRA reduced their General Operating Expenses in the General Fund by 17% These items having reduced budgets were legal fees, marina revenue, lobbying costs and professional service consultant fees. Overall the CRA would have reduced expenses in the general fund by 15%. Personnel costs, as a percent of the total general fund, were nearly 7.4%. Budget projections were reviewed. Total revenues and other funding sources are $14.2M for 08/09. Adjustments needed to be made in current projects and programs due to a loss of $1.6M. Ms. Harris explained if they were going to work on the projects, they needed to transfer the funds out of Other Funding Sources. She explained they also have obligations they have to meet. She reduced fixed operating expenses in the general fund by 2.5% and in the outgoing years, it was increased by 5%. She removed the operating expense for the marina. This left a balance of nearly $3.4M. Ms. Harris suggested the projects and programs be reviewed for adjustments. The members believed the 4th Street improvements would experience a lot of development, which did not happen. The CRA's expenditures were for landscape and beautification, which the plan currently did not cover rather, most of the work would be for utility improvements. Chair Taylor thought the project could be deferred. Additionally, he explained they agreed to pay for some design work. Mr. Weiland explained he received complaints from residents. The design and engineering plans were ready, but the City would not move forward with the project because of the 500 Ocean Project. Back in 2002 and 2003, it was a City project and he wondered why the CRA was paying for it. Kurt Bressner, City Manager, explained the project was ready to go out to bid and in 2006, the former CRA board entered into an agreement with the City for $1.8M. Ms. Brooks explained the CRA met with Paul Fleming for clarification of documents they received. Mr. Fleming indicated the cost of the project would be $4.7M with overages up to $5.2M. The CRA explained the costs would change. Mr. Bressner explained the cost the CRA was obligated to pay under the contract was $1.8M. In October of 2006, the CRA authorized a reduction in the scope of the contract to reduce streetlights, which would decrease the amount by $500K. The CRA approved that change, and now the contract price was $1.2M. The amount the CRA has to pay is still $1.8M. Mr. Bressner expressed the project should go forward because there are stormwater, utility and drainage improvements needed. The project was moving through the design phase and the final engineering was completed in February of 2008. Mr. Bressner did not mind making a recommendation to the City Commission that the CRA share of this project be reduced to $1.1 M based on the elimination of costs that were eliminated. The actual cost was $1,123,000. He suggested, because TIF revenues were lagging, to 4 Meeting Minutes Community Redevelopment Board Boynton Beach, Florida August 7, 2008 defer the CRA's expense to the City until their Fiscal Year 2011, which frees up $1.8M from the budget, and covered the $1.6M deficit. He emphasized the project must move forward because the water and sewer improvements must be made. Ms. Bright also explained the CRA's share of the cost was offset by a subsidy from Commissioner McCarty in the amount of $300K earmarked for the project. Mr. Bressner explained he had not spoke with Mr. Fleming and would like to further review the matter and the grant. Ms. Bright explained the funds from Commissioner McCarty were from Gas Tax monies and was closed out. Originally the project scope presented to the board was from 4th Street from Ocean to 12th Street. The project currently extended to Boynton Isles. Mr. Bressner explained the Interlocal Agreement in 2006 allocated $250K to roadway and service improvements. The rest of the CRA's share was for stormwater and irrigation $500K, water mains $5K, power poles $200K and the street lighting $536K. the street lighting component of the agreement was removed. The agreement had a fairly minimal amount that was approved by the CRA and City Commission for landscaping. It is a project the CRA had authorized the $1.8M of work, and much of the work was necessary infrastructure work to support the development and redevelopment of the property. It was not just about landscaping and streetscaping. It was about providing the infrastructure to support the redevelopment in the core area of the Central Business District. Mr. Bressner recommended, although no development was presently occurring, they put in the needed infrastructure and it was unwise to undersize the utilities for the area. The areas added for reuse was added to the City's tab and the CRA's responsibility remained the same as specified in the contract. The members discussed Boynton Isles was added to the project under the City's CIP budget and the City's water reuse program also occurring along Federal Highway. The CRA budget projections showed a shortfall in 2011. It would not be known if deferring the cost to 2011 was beneficial until they conducted an analysis of the MLK Boulevard and whether they went forward with a Master Developers Agreement with Auburn Group. Phase I would be completed approximately 2011 and 2012 and the upfront funds in the second phase were $6M. Ms. Bright thought if the CRA were in a position to bond in 2011, they could budget the remainder and they would allocate the $800K balance and the City agreed to accept the $300K gas tax fund grant this year. The members discussed the CRA office. Currently the CRA rented the space and could get a mortgage in the future. That mortgage amount was removed. The Homeowners Assistance Program was reviewed. The members moved $200K from the budget. Special Events were reviewed. The events and associated budgets were: 5 Meeting Minutes Community Redevelopment Board Boynton Beach, Florida August7,2008 ./ The Holiday Extravaganza which was $170K and included the holiday parade, the tree lighting and the concert. ./ The Boat Parade was about $5K. ./ The Fourth of July event was $75K including the fireworks and the barge. There was brief discussion if the CRA would receive a credit from the vendor. Ms Bright explained the board direction was to have a better event next year. ./ Oceanfront Park Concerts - $15K (five concerts at $3K) which the CRA was trying to get underwritten because the location was outside of the CRA district. ./ The main concert in Heritage Fest was eliminated saving $5K ./ All the events at the Sims Center with the Exception of Family Day were eliminated. ./ The Hispanic Chamber of Commerce seed money for a new event, a Cuban Art Show was $15K and was eliminated. Mr. Weiland preferred to see as many events as possible be underwritten and the balance split with the City. He explained they were City-wide events and wanted to see the event costs split with the City. Vice Chair Rodriguez disagreed and preferred to see those funds used towards housing. He explained comments will be made that jobs were eliminated, but the City has a parade. Mr. Weiland felt they could not cut the entire event budget. The Community Caring Center had requested support in the amount of $200K which was not addressed. There was discussion about moving funds for 4th Street, but it was noted next year's budget would be worse. Ms. Bright explained if the board was committed to the MLK project, they would have a bigger deficit. Ms. Adelsperger noted events generate redevelopment. It draws residents to an area. Ms. Bright requested the 4th Street project be completed by the spring of 2009 and the City could cover the CRAs portion of the cost until 2011. If nothing was encumbered for next year, the CRA would not be able to meet their obligations to Auburn, unless Auburn would consider deferring the project for another year. Tom Hinners, Auburn Group, explained whether they commence construction or not was contingent on the progress of the rezoning. It could move the initial phase back one year. The financial markets would be better. The company was acquiring parcels now but would need assurances the funding they needed would be there. The land the City owned was not needed by Auburn until he received his funding from the State, and they would need an agreement. If the first phase was moved. back a year, the CRA would be buying the land and holding it until they received their tax credits. It could be deferred because the developer would not need the land for 18 to 24 months. 6 Meeting Minutes Community Redevelopment Board Boynton Beach, Florida August 7, 2008 Mr. Bressner explained when the issue was discussed, the $1.3M was based on an estimate of current market value. He was surprised when he reviewed the proposed CRA budget that they would get paid $65K. It was in contrast to the policy recommendation of the board in May. Staff keeps coming back to this point. The City based their budget on assurances given to the City, that the funds would be available. The Professional Services budget was discussed. The marina redesign was $2M for construction. The project was at the conceptual level, not construction drawings, which were much more money. Staff reduced the funds from $900K to $500K, because they did not anticipate any large projects. It was unknown if they would need to hire an architect or engineer. Vice Chair Rodriguez suggested further reductions down to $300K. Ms. Bright noted the Southern Trolley Route and police would have cuts. The Police are not in the downtown Master Plan until 2013. The agreement with the Police will be changed because they are not allowed to purChase vehicles or bike equipment and their budget included another vehicle. There were many items up for grabs. Vice Chair Rodriguez was interested in seeing the rationale behind the numbers. Discussion followed about deferring the 4th . Street costs; however, Vice Mayor Rodrigeuz was not in favor of doing so and believed the economic climate would continue to worsen next year. The trolley service was considered for further reductions. There were 383 riders per day in the northern route. Ms. Bright suggested eliminating $15K for events, the seed money for a Cuban Art Show and Professional Services would be reduced to $300K. Mr. Bressner explained until he saw the terms of the grant for 4th Street and whether it required the scope of the project be changed and additional costs incurred there would be no savings. He also indicated if it required the City to add components to the project that were not currently in the project, they should not apply those dollars. After discussion, it was decided the CRA would pay the $1,123,394 for the 4th Street project and $1.3M for land on MLK this year. The other areas with cost adjustments were finalized as follows: ~ Eliminate the 211 East Ocean expenses of $750K ~ Removed $200K from the Homebuyers Assistance Program ~ Eliminate the requested support items for $480K (purchase Community Caring Center Land on 4th Street, Community Caring Center Building purchase, the Museum of Lifestyle and Fashion History Purchase of Land and the Green Market. ~ Professional Services budget reduced by $200K 7 Meeting Minutes Community Redevelopment Board Boynton Beach, Florida August 7, 2008 ).- Eliminate $15K from Special Events for the Cuban Art Show Ms. Bright explained the CRA is not legally required to have a second budget hearing, and the regular CRA has been moved to September 2, 2008 after the City Commission meeting. She would like to bring back the balanced budget at that time. Ms. Harris explained she would make the changes to the budget for the general fund and project fund. She would redistribute the revised budget to the members and call to ensure they had no issues. There was board consensus to allow the staff increases to remain. Mr. Bressner inquired about the disposition of the Old High School if it would remain in the City or the CRA. It was explained that item was contained in the general fund and the item would be addressed in October. There was a question on the travel line item costs; however, the number was not available. Ms. Harris would email the information to Vice Mayor Rodriguez. Ms. Harris explained this fiscal year she attended the financial software annual conference training session and the Florida Government Finance Officers Association and the Government Finance Officers Association because they were in Florida. She would only attend one conference going forward for professional purposes, as would the other departments. Ms. Bright also pointed out there were no discretionary funds for the board this upcoming year. Adiournment There being no further business to discuss, the meeting adjourned at 7:35 p.m. ,'jlHCJ3 Ul\J (_LJ..- \/Ji/ Catherine Cherry Recording Secretary 080708 8 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 1 1 CITY OF BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY 2 3 BUDGET WORKSHOP TRANSCRIPT OF EXCERPT OF PROCEEDINGS 4 5 6 City Commission Chambers 100 E. Boynton Beach Boulevard Boynton Beach, Florida 33435 Thursday, August 7, 2008 6:00 p.m. 7 8 BEFORE: 9 MAYOR JERRY TAYLOR, Chair JOSE RODRIGUEZ, Vice Chair WOODROW HAY, Commissioner MARLENE ROSS, Commissioner RON WEILAND, Commissioner ALSO PRESENT: SUSAN HARRIS, Finance Director LISA A. BRIGHT, Executive Director JAMES CHEROF, ESQ., Board Attorney CourtReporterNet.com (800) 960-1861 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Boynton Beach CRA - August 2008 MS. HARRIS: Now, what do we 1:1 our expenses to reduce that? Well, so far we've made an eleven percent reduction In administrative expenses, 125,000 dollars, That is just salaries, benefits and what it costs to run departments within Lhe CRA. Even though there's a 125,000 dollar reduction, that number of almost million-one in the next fiscal year includes a four percent cost-of-living increase for the staff only; not the executive director, just the staff MR. RODRIGUEZ: I'm sorry, dld you say renting apartments? You said - MS. HARRIS: No. MR. RODRIGUEZ: When you said MS. HARRIS: Okay, let me say i,: one more time. I'm sorry. MR. RODRIGUEZ: The 125,000 dollars, you laid out what that was, and I thought you said something about rentals, apartment rentals. MS. HARRIS: No. MR. RODRIGUEZ: Okay. CourtReporterN et.com (800) 960-1861 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Boynton Beach eRA - August 7, 2008 MS. HARRIS: It includes all the administrative expenses to run the departments. MR. RODRIGUEZ: Oh, run the departments, okay. MS. HARRIS: Right. Salary-- MR. RODRIGUEZ: Not rent the departments? No. Salaries, benefits MS. HARRIS: and the overhead, membership fees, the things like the travel. And, by the way, we've reduced travel to bare minimum for next year. It's only going to be for career development purposes. MR. RODRIGUEZ: What's the total travel budget? that? Are we going to get to MS. HARRIS: I will have to answer you that separately on that. I have it by department. I'd have to add it up. MR. HAY: You're going to talk about -- MS. HARRIS: But I think we've reduced it by 27,000 dollars, I want to CourtReporterNet.com (800) 960-1861 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Boynton Beach eRA - August ~ 2008 say, off the top of my head, but I'Ilould have to let you know. MR. RODRIGUEZ: We're going to get into salaries and all that stuff and more details later? MS. HARRIS: Not necessarily, so you can ask the question now, 'cause I presented the general fund on a -- just on a line item basis, not all the details, so -- MR. RODRIGUEZ: Well, you mentioned there was a four percent cost-of-living lncrease MS. HARRIS: Correct. MR. RODRIGUEZ: included ln the administrative expenses MS. MR. 1.06402. MS. HARRIS: Yes. RODRIGUEZ: in the budget at HARRIS: Correct. MR. RODRIGUEZ: And I guess I'm a little -- I'd like to talk about that a little because, as you guys know, the city laid off approximately fifty people. CourtReporterNet.com (800) 960-1861 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Boynton Beach CRA - August 7, 2008 Palm Beach County school teachers are not getting increases this year. Delray Beach eRA staff is not getting increases this year. So we should maybe consider that as a what's the cost of that total, do we know? MS. HARRIS: Yes, I do. That's 20,000 dollars -- MR. RODRIGUEZ: MS. HARRIS: Twenty thousan<:!-. for everyone, for the next fiscal year. MR. RODRIGUEZ: So MR. TAYLOR: Wait, who said you said -- who laid off -- we didn't layoff anybody. You think that we laid off fifty people? MR. RODRIGUEZ: Okay, one at a time, please. MALE SPEAKER: We needed the positions vacant. MR. RODRIGUEZ: fifty positions. MR. WEILAND: anybody off. We eliminated almost But we didn't lay CourtReporterNet.com (800) 960-1861 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Boynton Beach eRA - August 2 J U j MR. RODRIGUEZ: No, I understand that, but we eliminated fifty positions to reduce operating expenses. Palm Beach County school teachers are not getting increases, and the Delray CRA is proposing that they get no increases next year. MS. HARRIS: This line item also includes position. we did eliminate one MR. MS. TAYLOR: HARRIS: Right. We didn't eliminate from our organization chart but we terminated the position earlier this year, and that was about I think the salary cost on that was 35,000; with benefits, it was over 40,000. So that's out of this budget also. MS. BRIGHT: Correct me if I'm wrong. I thought in the city's budget they only laid off about four employees last year but they vacated excuse me, empty positions were taken off the books. MR. TAYLOR: That's right. That's CourtReporterNet.com (800) 960-1861 7 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Boynton Beach CRA - August 7, 2008 correct. MS. BRIGHT: So you're saying the empty positions are not going to be filled? That's right. That's MR. TAYLOR: correct. MS. BRIGHT: And then I think actually that only, like, three employees were actually laid off last year, is that correct? MR. TAYLOR: That's correct. MR. RODRIGUEZ: And we're talking about -- I'm not talking about last year; I'm talking about moving forward. Close to fifty positions were eliminated so it would not be filled. MALE SPEAKER: (Indiscernible). MR. RODRIGUEZ: I understand that. I'm just saying -- I'm just laying out the sacrifices that the city has made, sacrifices that Palm Beach County School Board has made. And what I'm hearing is a proposed budget for the city of Delray CRA staff is that they're going to be CourtReporterNet.com (800) 960-1861 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Boynton Beach eRA - August I 2008 flat also next year, no increases for them. So I'm just thinking in line with everybody else. MS. BRIGHT: It's certainly the will of the board if you don't want to provide a four percent increase. It was just a cost-of-living increase. We're only a staff of eight, and you are totally correct. That's why we're here tonight, so I understand. I'm MR. RODRIGUEZ: just Also, I believe in the is a total of three and MS. HARRIS: city budget there a half percent MALE SPEAKER: MS. HARRIS: The city -- I believe two I'm percent for -- and some sort of not sure if it's cost of living. then a percent and a half merit increase And MR. TAYLOR: Merit. MS. HARRIS: is only half a year. MR. RODRIGUEZ: Yeah. The ci ty -- CourtReporterN et.com (800) 960-1861 9 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Boynton Beach CRA - August 7, 2008 unlike our budget, the city's budget primarily is contractual with the unions. So that's the difference. MR. MS. TAYLOR: BRIGHT: Let me ask a question. We also don't have I'm kind of confused. pensions. We base our -- we based our four percent on what the city was doing across the board, am I not correct? HARRIS: BRIGHT: MS. MS. Yes. You spoke to city staff. So if we're improper in not comparing ourselves to the city, then I mean, we didn't do analysis with any CRAs, so I apologize to the board. We didn't call the Delray CRA or West Palm CRA. We just based it upon what the HR department had told us was going to be happening with the city. So I -- we just didn't follow that direction. MR. RODRIGUEZ: Well, I mean, the bottom line is we've got a decrease in revenue; we all know that, right? MS. BRIGHT: Right. Absolutely. CourtReporterNet.com (800) 960-1861 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Boynton Beach eRA - August L l,~' 8 MS. MR. HARRIS: Yes. RODRIGUEZ: So what usually when you have a decrease in revenue lD any business, you tighten up your cost, and increases are part of your cost. And so just up for discussion. Just thought I'd bring it up because I think we all need to do our share. I have a question. MR. TAYLOR: On the chart we're looking at MS. MR. HARRIS: TAYLOR: Yes. -- which shows fiscal '08/'09, you're showing revenues of 9,587,500? MS. MR. HARRIS: TAYLOR: Um-hum. And -- but on the first chart we show TIF without new constructions at 8,315,313. MS. HARRIS: Right. That's the exact calculation. I rounded it down because I anticipate having to refund some TIF, hopefully at a much smaller level than this current fiscal year. The amount of TIF that we receive is based on CourtReporterNet.com (800) 960-1861 11 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Boynton Beach eRA - August 7, 2008 the final estimate in the end of June/beginning of July. MR. TAYLOR: Okay. MS. HARRIS: But once the property appraiser certifies the tax rolls and closes out the tax roll for that particular year -- MR. TAYLOR: Urn-hum. MS. HARRIS: -- they make an adjustment in the assessed valuations. And then if the county owes us money or the city owes us money, they pay it. And if we owe the county or city money -- MR. TAYLOR: Oh, I -- never mind. I see it now. We added the marina revenue. That's what brought it up, the number. MS. HARRIS: Yes. MR. TAYLOR: Okay. I gotcha now. I'm okay. MS. HARRIS: Okay. MR. RODRIGUEZ: Susan, I'm sorry. You said that the total impact is 20,000 dollars, or the four percent is 20,000 per employee? CourtReporterNet.com (800) 960-1861 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Boynton Beach eRA - August 7 2003 MS. HARRIS: Yes. Not per employee, MR. RODRIGUEZ: Twenty thousand total? Total. Twenty thousand MS. HARRIS: total. MR. RODRIGUEZ: How do you get to 20,000? MS. HARRIS: It's four and a half it's four percent of whatever the currenc salary is. MR. RODRIGUEZ: Let's assume half a million dollars in salary. MS. HARRIS: Oh, I'll tell you in a second. I have that number. MR. RODRIGUEZ: And excluding the executive director, right? MR. MS. MS. TAYLOR: HARRIS: BRIGHT: Right. Correct. Right. There's zero for the executive director. MR. RODRIGUEZ: 700,000? MS. HARRIS: So it's, like, chart out because 11m going to pass this it has those details on CourtReporterNet.com (800) 960-1861 13 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Boy n ton Be a c h eRA - Au g us t 7, 2008 it Okay. Thanks. RODRIGUEZ: HARRIS: MR. MS. so you can look at it. (Pause) MS. HARRIS: If I did my math correctly, it does amount to 20,000 dollars for the entire staff, excluding the executive director~ MR. RODRIGUEZ: Twenty-five unless I did my math wrong. (Pause) MR. RODRIGUEZ: I have, bottom there, five right? That right at the That's twenty- MS. HARRIS: Yes. MR. RODRIGUEZ: right? MS. HARRIS: Yes, you'll see that including all the benefits, the employer taxes, medical, dental and the 4570401 plan. That's a total of 871,000 dollars for the current positions in this fiscal year. And if we add the four percent cost-of-1iving increase, the total would CourtReporterNet.com (800) 960-1861 ,.t 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Boynton Beach eRA be 891,000. MR. TAYLOR: '; 2003 ,l\ugust 20,000 That's there added, makes it MR. RODRIGUEZ: So I'm just going to bring this up because I'm compelled to, and I did some comparison with the Oelray just 'cause I felt it was important enough that I got some comparison data from another CRA agency. The Delray CRA's budget this year is going to be almost twenty-three million dollars, three times as large as our budget, and yet their salaries, including the executive director's salaries, benefits is going to be 842,000 dollars. So they're doing three times the budget amount with less cost from a resource standpoint. MS. BRIGHT: Four hundred and thirty-seven acres versus sixteen hundred and fifty acres. MR. RODRIGUEZ: I understand that, but they've got twenty-three million dollars. Their budget is bigger. CourtReporterNet.com (800) 960-1861 15 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 '19 20 21 22 23 24 25 Boynton Beach CRA - August 7, 2008 MS. HARRIS: They may also have consultants do a lot of the work that we do in-house. I don't know that for a fact, but that may be the case. I'm not sure. MS. BRIGHT: Maybe it would make some -- since we didn't do evaluation, would you like us to evaluate -- I mean, if the board decides no increase tonight, then that'd be foolish, but we only based our recommendation upon what the city was doing for the three and a half percent. And so if that's not desirous of the board, we can certainly call all the CRAs or go back to the Delray eRA and do some analysis and come back, 'cause this is just a workshop, so it's the direction of the board. MR. RODRIGUEZ: I don't know how the rest of the staff members feel about it. MALE SPEAKER: I mean, we're talking 20,000 dollars here. Wouldn't mind MR. RODRIGUEZ: Well, the only reason we started talking about it, CourtReporterN et.com (800) 960-1861 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Boynton Beach eRA - August 7, 2008 'cause we weren't going to come back to it. MALE SPEAKER: Well, we can come back. MR. TAYLOR: We can come back to it. MR. RODRIGUEZ: No. 11m just saying during this presentation there wasn1t going to be anymore. MALE SPEAKER: We can come back MR. RODRIGUEZ: Yeah. MALE SPEAKER: -- during this presentation. MR. TAYLOR: We can come back to it. Let's go ahead and finish, see where the whole picture is here and then we'll come back to it. MS. HARRIS: Okay. The next line, we've reduced our general operating expenses and our general fund by seventeen percent, over 500,000 dollars. That 500,000 dollar savings is derived primarily from reduction in legal fees that we're anticipating in the upcoming budget year, reduction in marina revenue, CourtReporterNet.com (800) 960-1861 17 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Boynton Beach CRA - August 7, 2008 reduction in not paying any lobbying costs, either for federal lobbyists or Tallahassee lobbyists, and reduction in professional services, consulting fees in the general fund by 190,000 dollars. So those are the components of the reduction of over 550,000 dollars, for a seventeen percent expense reduction. (Indiscernible) MALE SPEAKER: MS. HARRIS: Correct. Overall in the general fund, if the budget stays intact for the general fund, we will have reduced expenses by fifteen percent. And I have personnel costs as a percent of the total general fund because we do run a very lean operation. We do an awful lot of work with very few people. And that cost, that all-in-cost salaries and benefits, was 7.4 percent this fiscal year, and it'll drop down to 6.6 in the next fiscal year primarily because we've reduced the staff position. Yes? MR. WEILAND: Give me one second. CourtReporterNet.com (800) 960-1861 " 1 Boynton Beach eRA - August r-j ! , ~2 (J.~ 2 Our total -- as of right now, our total 3 expenditure for staff, with benefi-cs, lS 4 871, correct? 5 MS. HARRIS: Correct. 6 MR. WEILAND: What would that figure 7 be without any benefit, do you know that? 8 MS. HARRIS: Without any benefits? 9 MR. TAYLOR: We would have to reduce 10 all that. 11 MS. HARRIS: It would be 640,000 12 dollars -- 13 MR. TAYLOR: Six fifty. 14 MS. HARRIS: in this fiscal year, 15 Next fiscal year, if you approve a four 16 percent raise, it will be 661,000 17 dollars. 18 MR. WEILAND: Okay, I got it. I see 19 it here. Benefits or costs at aboue 230, 20 MS. HARRIS: Yes, about twenty-six 21 percent. 22 MR. TAYLOR: Okay, next? 23 MS. HARRIS: Okay. The next chart, 24 our budget projection chart, is where 25 we're going to need your assistance on l CourtReporterNet.com (800) 960-1861 19 Boynton Beach eRA - August 7, 2008 just a few minutes. The top tier shows all the revenues that we expect for the next five fiscal years. (Portion of audio skipped per client's request.) MS. BRIGHT: Okay, and one thing I didn't get clear from the board, we need to talk about the increases for the staff. If that's not the direction of the board, we want to take that out as well. So I'd like to know that. I don't have a problem 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MR. WEILAND: with it. MR. TAYLOR: MR. WEILAND: MALE SPEAKER: MR. TAYLOR: MS. BRIGHT: I don't either. I'm keeping it in. Keeping it in. Keep it in. Okay, so the staff will get a cost-of-living increase -- MALE SPEAKER: We're talking MS. BRIGHT: -- of four percent, okay. MALE SPEAKER: twenty thousand. MR. TAYLOR: Yes? You want CourtReporterNet.com (800) 960-1861 In 1 Boynton Beach eRA - August , , I .2 (I :) ,~ 2 something 3 MS. BRIGHT: Okay. 4 MALE SPEAKER: I'm going to ask the 5 question that Mr. Magazine would 6 customarily ask. 7 (Remainder of audio skipped per 8 client's request.) 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 CourtReporterNet.com (800) 960-1861 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida August 12,2008 Ms. Johnson requested the CRA create ways to assist the Community Caring Center that did not necessarily require funding. Examples could be a website link, free advertising on the trolley for a time, and other creative ways to market them and the Green Market. In referring to the CRA budget, Ms. Johnson made reference to a property purchase and the $200K set aside to solve their issues. She suggested if the CRA assisted the Woman's Circle, that might put them in a position to negotiate on a portion of the property they were interested in purchasing. Ms. Johnson said this would solve their problem. Chair Taylor explained in reference to the trolley, the southern route was successful, but because of cost, some of the routes had to be scaled back. They reviewed the item very carefully. Mack McCray, 806 NW 4th Street, suggested identifying which CDC was referred to in reference to Ms. Jenkins, since there was more than one CDC within the City. It was noted the CDC in question was the Boynton Beach Faith Based CDC. He also advised if free advertising would be given on the trolley, he hoped there was something in place so that anyone who had a business in Boynton would also receive free advertising. There being no further comments, Chair Taylor closed the public hearing. X. Public Hearing: None (End transcription by C. Cherty at 6:51 p.m.) XI. Old Business A-1. eRA Board Policy Direction for FY 08-09 Budget (Janet Prainito begins transcription at 6: 51 p.m.) At the CRA budget workshop, the board made recommendations to staff to implement a balanced budget. They brought forward a list of items with only one item missing which was the proposal and request for $1.8 million to purchase the land for the Museum of Lifestyle and Fashion History. The board directed staff to do a boundary amendment, but that funding opportunity had never been discussed. Susan Harris, Finance Director, reviewed the projections based on the differential between what happened in the City as a whole and the CRA assessed valuations. This was elaborated into two different scenarios; one at the suggestion of the City Manager in an e-mail to Ms. Bright where he suggested a 6% reduction in assessments for next year. When Vice Chair Rodriguez suggested the reductions could be 12% to 15%, a second scenario was prepared. . Scenario #1 shows a reduction in assessed valuations in 2009/10 of 6%. In terms of TIF, that computes to $7.6 million in revenue. When looking at the new construction anticipated coming on-board in 2010/11, more than $3 million is 4 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida . August 12, 2008 anticipated. In that fiscal year, the l1F will be over $10 million. That would put the CRA at the same level as in this current fiscal year of $5.9 million. . Scenario #2 shows a drop in assessed valuations in 2009/10 of 12% which would result in a l1F of $6.9 million without new construction. When the new construction is added, that figure increases to $9.8 million in fiscal year 2010/11. In spite of this great reduction in assessed valuations, with new construction coming on-board, the l1F will move up to current levels. Another chart prepared by Ms. Harris elaborated on the two scenarios discussed; however, It showed what would occur if there was a 6% loss in valuations in fiscal year 2009/10. The changes discussed at the budget workshop were programmed in and the budget is balanced for this coming fiscal year and instead of a $6 million deficit for 2009/10, there is a deficit of approximately $2 million. In budget Scenario #2, which covers a 12% loss in valuations, there will be a $2.5 million deficit. Ms. Harris will be in touch with the Property Appraiser to closely monitor this situation and will return to the board with revised numbers as information becomes available. Ms. Harris referred to a historical chart beginning with fiscal year 2005/06 through the upcoming fiscal year to show the cost of different projects related to City projects and services. In 2005/06, when the Boynton Beach Boulevard Extension and Promenade were built, there were police services, events and lobbying costs that amounted to $10 million. The l1F funds for that year were slightly above $6 million excluding any of the Bond # 1 proceeds. This amounted to 20% of l1F. In the next fiscal year, that figure increased. In another chart, the $4 million in the proposed fiscal year is 48% of the $8.4 million in TIF. Ms. Bright reported the responsibility from the staff level was to program the recommendations the board made during the workshop and bring back to the board a balanced budget at the September 2' 2008 meeting. Chair Taylor expressed the core mission of the CRA was redevelopment and elimination of blight in the community. The #1 project on the table is the Heart of Boynton. Redevelopment in the downtown CRA produces the money for such redevelopment. Chair Taylor discussed his items of concern as follows: . SE 4th Street Utility Streetscape - Three years ago, the board made an agreement with the City to share in the cost of that project because the Arches development was anticipated along with other development. Those were good reasons to participate. However, Chair Taylor now believes this is not a CRA project; rather, a City utility project. The design has been changed and much of the landscaping has been removed. The CRA should not be involved since the development did not take place and probably will not take place for two to three years. The CRA has $300,000 from the County that was set aside for that project. The money should be given to the City. When development takes place, the developers can provide the upgrades. 5 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida August 12, 2008 If the board did not agree with that proposal, Chair Taylor suggested deferring the project to 2010 as long as the CRA pays its portion at that time. By that time, the CRA could probably do a bond issue that would allow additional dollars for this project. . Chair Taylor expressed concern about the $1.3 million to purchase the City's property in the Heart of Boynton. The City paid $60,000 for the property and he is opposed to paying so much more money for that property. If the CRA does not buy the property, the City could negotiate with the developer. This would eliminate the burden of the $1.3 million expense on the CRA. The CRA does not need that property until approximately October 2010. At that time, the CRA would be in a better financial position regarding l1F or bonding would be a possibility. Further, a bond would be necessary to secure the $22 million needed for the Heart of Boynton. Vice Chair Rodriguez felt the board did not do a thorough review during the budget workshop since a great deal of time was spent "squeezing" $1.6 million from projects while little time was spent on operating costs. Vice Chair Rodriguez believes more time should be spent reviewing the operating costs in an effort to find dollars. The budget indicates $3.8 million in operating costs. He questioned why it is costing $3.8 million to manage the CRA. The board did not spend any time looking at those items. Chair Taylor reported that he spent a great deal of time studying the budget and noted that a lot of money was cut from training and transportation. One employee position was eliminated. Chair Taylor feels the staff is very qualified and they do a great deal in-house where other CRAs take those projects outside to private industry. Vice Chair Rodriguez agreed the staff is great; however, he felt a responsibility to look at every expense. Vice Chair Rodriguez pointed out that the budget in his possession did not include the details of the line items for the operating expenses. Chair Taylor referred to backup received previously that showed the decreases in operating expenses. Vice Chair Rodriguez pointed out there was an overall 11 % decrease which was $125,000 as compared to the $1.6 million decrease in projects. In addition, there is a contingency of $314,000. He questioned the need for that contingency funding. Ms. Bright explained there has been a contingency of $200,000 to $400,000. Staff deprograms over $200,000 in professional services. When Vice Chair Rodriguez visited the CRA Office, he was ill and he did not review the details of the budget. A question was brought up at the workshop related to the Delray CRA versus the Boynton Beach CRA. Ms. Bright explained that the Delray Beach TIF is $13.2 million this year. They have a staff of nine and their salaries are exactly the same as those at the Boynton Beach CRA. Ms. Bright offered to review the details of how the reductions were achieved. CRAs are not bound to have reserves. Every dollar can be programmed. The $314,000 can be reprogrammed back into something that was eliminated or into a new program. Ms. Bright pointed out that she reviewed the detail with three of the five board members. Vice Chair Rodriguez referred back to previous comments regarding squeezing dollars out of projects while $314,000 was not programmed. He reiterated that he would like to review the 6 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida August 12, 2008 details of the operating budget. Commissioner Hay requested the opportunity to also go through the details. Ms. Harris explained that she did not have the details of the operating budget with her; however, she offered to provide those details. In response to a question from Vice Chair Rodriguez, Ms. Harris had the travel budget with her. Ms. Harris explained that the budget workshop this year was somewhat different from the past. Staff was looking for higher level decisions from the board members because of the large deficit. Staff needed guidance since millions of dollars were involved. While there are millions of dollars in the operating budget, that budget also includes some marina expenses. In the $3.8 million of operating expenses, there is $1 million for department overhead that includes salaries and benefits. The remainder of the items included insurance items ($115,000), professional services (reduced by more than $460,000) which included audit fees, bond compliance fees, and arbitrage rebate fees. A marina audit will have to be performed this year for the first time. Additionally, an audit of the trust fund is also required by the Auditor General. Economic development and small business development fees are also included. In response to Vice Chair Rodriguez, Ms. Bright explained that as an outcome of the American Assembly, there was discussion about an economic development person. Although the City has not made a decision about this position, the job has always been programmed in the CRA budget. When further questioned by Vice Chair Rodriguez, Ms. Bright explained the position is in the CRA HR plan. An economic development plan was developed for the CRA to address small business development issues. A person was hired to create that plan. This plan is not finalized from staff at this time, but it will be brought before the board. When Vice Chair Rodriguez inquired about the cost associated with that project, Ms. Bright recalled the figure to be approximately $40,000 of which $30,000 would be carried over to next year to complete that project. Mr. Hay requested that Ms. Harris break down the details so that he is aware of each of the costs in each line item. Ms. Harris added that there are marketing fees contained under professional services. The CRA pays a fee to the City through an interlocal agreement for information technology services ($20,000). Contingency is budgeted for unforeseen expenses. This year, the development line item was overspent because $1.3 million was not available for the purchase of the licenses. The development line had been programmed for $1 million for land acquisition and property was purchased for $200,000 along with the licenses for $1.3. Contingency covers those types of unanticipated expenses. Chair Taylor agreed CRA staff should provide the line item detail information to the individuals who wished to have it and he was willing to discuss it at the next meeting. Mr. Hay requested an opportunity to meet one-on-one with CRA staff. Vice Chair Rodriguez requested the information be provided to him for his review and then he would meet one-on-one with eRA staff. During the next meeting, concerns would be discussed. Mark Karageorge expressed his opinion that economic development cures blight. 7 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida August 12, 2008 Mack McCray, 806 NW 4th Street, asked how much money was owed in bonds because that is a burden on the City. He thanked the board members who met with the CRA individually for doing their jobs. Chair Taylor corrected Mr. McCray's statement about bonding since it is not a liability on the City. Rather, it is a liability on the CRA since they have to come up with the debt service. Vice Chair Rodriguez wished to correct the record to reflect the fact that he briefly met with Ms. Bright and Ms. Brooks. Unfortunately, he assumed the details would be in the book that was provided and they were not included. He recommended that the details be included in the books next year. With regard to the NE 4th Street Streetscape, Mr. Weiland felt that project could have been done in 2002. The plans were ready, but he was told at that time nothing was going through because of the anticipated Arches development and there was no desire to tear up the street twice. At this time, Mr. Weiland does support the CRA spending money on that project. Mr. Weiland recalled individual appraisals were going to be sought to make sure the City's appraisals matched the CRA's appraisals. The CPA agreed to pay the appraised value; however, had he known the City paid $60,000 for those properties; he would not have made that agreement. The City and CRA should work together to transfer the property to the CRA at a much lower price. If the City does not want to do that, the City can deal with the developer and the money could be deferred. When the discussion of bonding arose, Attorney Cherof advised that a bond would require a vote of the CRA. It does not go before the citizens for a vote. Vice Chair Rodriguez confirmed with Ms. Bright that the City assumes liability if the CRA defaults. Attorney Cherof reported that at this time, no one is going out to bond until the Strand case is decided. When the Supreme Court rules, there will be a better understanding of what can or cannot be bonded. Further, Chair Taylor pointed out that the CRA would not go out for a bond if it were not able to pay the debt service. Ms. Bright reminded the members that the financial advisors suggested the CRA might be in a position to consider what the City had done with its February 2008 Utility Tax Bond. The lobbyists indicated that Strand is taking so long because two Supreme Court justices are retiring by September 30th and they have committed to the Governor that they will make a ruling on the Strand case and what opportunities will be available for special taxing districts. Chair Taylor confirmed with Ms. Bright that the CRA still has substantial bonding capacity at this time. Mr. Hay agreed to delay NE 4th Street Streetscape project. He wanted to ensure that the $1.3 million for MLK did not get lost in the shuffle, but believed the CRA would be in a better position in 2010 to move forward with the Auburn proposal. Ms. Bright said Mr. Bressner made it clear that the City has the money but the board would need to make sure the $300,000 grant goes to the City. With regard to MLK, Mr. Hinners confirmed that November 2010 would work for everyone. The money could be 8 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida August 12, 2008 programmed to a simultaneous closing with the City, but that would be determined later in the meeting. Ms. Harris explained that if the $300,000 grant is received in November or December and it is given immediately to the City, that dollar figure would be reduced from the $1.1 million and that difference is what would be delayed. Vice Chair Rodriguez recalled Mr. Bressner saying that if the CRA did not share in this, the City would still have to do this project and that would present challenges for the City Commission from a budgetary standpoint at this particular item. The City is counting on that money. Ms. Bright said she confirmed with Mr. Bressner that he could float the CRA for the three years through the Utility Tax Bond until the CRA saw the first increase in the llF if the CRA board wanted to keep the project with the current drawings (the way it is currently redesigned). Chair Taylor agreed with Ms. Bright's statement. Chair Taylor reiterated for the edification of the members that the CRA would give the $300,000 to the City as soon as it was received. That would leave $823,394 that would be delayed until October of 2010. When Vice Chair Rodriguez questioned what would be done with the $823,394 in the budget, Chair Taylor said it might depend on what was done with the $1.3 million. The $823,394 might help offset that figure. Vice Chair Rodriguez questioned whether the board would have to go back through the budget t.o reallocate funds. Ms. Bright advised the marina is programmed for next year. It is a 24-month project with a total cost of $5.9 million. The first $2 million is up front from the County which is being paid this year. The second phase would be $1.9 million. Depending on what Auburn tells the board during its presentation, the board may be able to encumber some money for them. Ms. Bright has been working with their staff and there are some possible opportunity purchases within the Phase I MLK corridor. The 4th and 5th Street projects and Ocean Breeze are other options. There are opportunities to reprogram the money into llF-generating redevelopment projects. Mr. Weiland said if the two projects discussed earlier are deferred, he would like the money funneled into the Heart of Boynton. It could be split between Ocean Breeze and MLK so that those two projects continue to move forward. Vice Chair Rodriguez inquired if there is money pending for the MLK or Ocean Breeze projects. Ms. Bright said the MLK project had the expectation and needed payment of $1.9 million. If money is not encumbered to honor the commitment, there is no possible way to honor the financial commitment when the money is needed. The money was in the budget for 2009/10. It was due October of 2009. The llF refunds do not come in until December of 2009; therefore, it was necessary to take money out of this budget for that obligation. The CRA has not signed a Master Development Agreement, but that issue would be considered by the board later in the meeting. Cito Berguirstain, Auburn Development, said if it were necessary to push the project off because of budget constraints, Auburn would be willing to deal with that budget reality. However, it certainly was not the best thing for the project and not in the best interest of 9 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 1 CITY OF BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY C iZ-A tb [) Me e:nN' b &UDcs}!;l' HORI-::f:HOP TRANSCRIPT OF EXCERPT OF PROCEEDINGS City Commission Chambers 100 E. Boynton Beach Boulevard Boynton Beach, Florida 33435 Tuesday, August 12, 2008 6:30 p.m. BEFORE: MAYOR JERRY TAYLOR, Chair JOSE RODRIGUEZ, Vice Chair WOODROW HAY, Commissioner MARLENE ROSS, Commissioner RON WEILAND, Commissioner ALSO PRESENT: SUSAN HARRIS, Finance Director LISA A. BRIGHT, Executive Director JAMES CHEROF, ESQ., Board Attorney CourtReporterNet.com (800) 960-1861 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Boynton Beach CRA August 1:2, ; U Ii ~ MR. TAYLOR: We'll be in much Dettel financial shape in October 2010 than we are today. MR. RODRIGUEZ: Can 1 just MR. TAYLOR: Sure. MR. RODRIGUEZ: That kind of Jumps into Yeah. Yeah, MR. TAYLOR: absolutely. MR. RODRIGUEZ: I felt like honestly, after the budget workshop that we had last week, I felt like we didn't do a thorough job, the board, myself personally. We spent a lot of time squeezing out 1.6 million dollars from projects, and that's what we did. And we spent very little time on costs, on operating costs and what it costs to run the CRA. In fact, we spent maybe five minutes on whether we're going to get staff increases or not. And I feel that we need to do a better job of squeezing out money from cost and not projects. I mean, that's CourtReporterN et.com (800) 960-1861 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Boy n ton Be a c h C RA - Au g us t 12, 2008 projects is what eRA's in place for, and we've got -- according to my calculations, we got 3.8 million dollars in costs, in operating costs. We've got salaries. We've got span of control issues. We have two very qualified executive director and assistant executive director managing seven people, six-figure incomes. I think this board needs to look at that stuff. That's money to be going to projects. We need to look over these operating budgets for each department. Why are we spending X amount of dollars, up to 3.8 millions, to run the CRA, not for projects but to run and manage the CRA? We spent zero time in looking at those budget items. We spent time squeezing out project money because we were told we had 6.8 million dollars and that's all we had. But we spent no time at all going through departmental budgets, costs, span of control issues, none. And I feel like we should be doing that and then coming CourtReporterNet.com (800) 960~1861 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Boynton Beach eRA ~A u qUE, t 1 ~.'.' .~:: (l 1.1 H back to the projects and see what's left then. MR. TAYLOR: Well, to address that, I can -- I looked through it and I found that they cut a lot of money out of training, out of transportation; big money out of that. They did let go one employee was cut. And I currently think that we have some of the most qualified people around available that work at our CRA, and I think that you will find, if you really look into what they do, that they do a lot of stuff in- house that is normally sent out! from other CRAs, that are sent out and paid for in the private industry to do. They're doing it in-house, MR. RODRIGUEZ: I'm not and I think we have a great staff and hope that they don't feel like this is an attack, but I have a responsibility to look at every piece of expense. And in merit, you looked at some of that stuff. I didn't have access to that. Nobody gave CourtReporterNet.com (800) 960-] 86] 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Boynton Beach eRA - August 12, 2008 me what you just referred to. I haven't had that information. In fact, if you look at this budget that was presented to us, I don't see the operating expenses in here MR. TAYLOR: Well-- MR. RODRIGUEZ: -- as a line item detail. MR. TAYLOR: Well, in the backup we got previously, there was -- they showed the decreases in different areas of that. It showed the decreases. And when I met with them and asked them what those decreases represent, they went over it with me one-on-one and showed me -- MR. MR. RODRIGUEZ: TAYLOR: There was -- where that was decreased to. MR. RODRIGUEZ: -- there was an overall eleven percent decrease in operating expenses; that's 125,000 dollars. There was a 1.6 million dollar decrease in project money. that's huge. So, to me, CourtReporterNet.com (800) 960-1861 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Boynton Beach eRA August J2,. ~'(JU3 MS. BRIGHT: Mayor Taylor? Excuse me, but I MR. TAYLOR: All right. MR. RODRIGUEZ: The other item in here that I just as I was looking through this, there's a contingency here for 314,000 dollars. Why are we having a contingency for 314,000 dollars? MR. TAYLOR: Executive director, you'd like to answer? MS. BRIGHT: Well, that's kind of been our 200 to 400,000 dollar contingency. That's the whole discussion. We deprogrammed over 200 In professional services. And you are correct, Vice Chair Rodriguez, but, quite candidly, you were very ill the day you came in and you had to go to the doctor. We didn't get an opportunity to sit down. We have the detail. I think that what was brought up the other night was the question of the Delray CRA versus the Boynton CRA, and some of those facts and figures were not totally accurate that we CourtReporterNet.com (800) 960-] 86] 7 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Boy n ton B e a c h C RA - Au g u s t 1 2, 2 0 0 8 are -- their TIF is 13.2 million this year. They do have staff of nine. Their salary is exactly the same, 642,000, and ours are 640,000. So we are happy to sit down with you and go through the detail of how we derived the reductions of I believe it was eleven percent and thirteen percent. The contingency can be totally programmed, but it goes back to the city versus the CRA. CRAs are not bound to have reserves. We can program every dollar, if that's the board's wishes, of 314,000 back into something that we took away or a program that you'd like to see funded greater. That was the goal of the workshop; you are correct. So I don't think there's a right or wrong here. We are here to serve at the board. It was only yourself and one other board member that was not available to go through the detail. I did personally get to meet with three other CourtReporterNet.com (800) 960-1861 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Boy n ton B e a c h r: R. p, P" u g u s t 1 2 I 2 ::1 !- board members to go through that discussion. So if that i~ something we want to have happen, then we' 11 make it happen for you. And that's MR. RODRIGUEZ: and thank you for your response! but that's an example of where we did I thought we did a terrible job of going through this at the workshop because 314,000 dollars, we're talking -- we're just scraping up monles left and right from programs, and we've got 314,000 dollars sitting there. No one here said anything about a 314,000 dollar reserve sitting there, no one at the workshop. MS. BRIGHT: Quite candidly, Vice Chair Rodriguez, I was very unprepared. MR. RODRIGUEZ: So all I'm saying is I personally would like to go through the details of the operating expenses. And if the rest of the board would like, that'd be great. If they don't, then I've said my piece. MR. TAYLOR: I've been through it CourtReporterNet.com (800) 960-1861 9 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Boy n ton Be a c h eRA - Au g us t 12, 2008 with them one-an-one, and I'm satisfied. MR. HAY: I would like to go through it. MS. HARRIS: I don't have them tonight but I can speak to it, for the most part, and theri I can send the detail out. MR. RODRIGUEZ: I still haven't -- Susan, I asked you for the travel budget. I haven't received that yet. MS. HARRIS: Yes, I have that. I have that with me. Just let me back up a second. The budget workshop this year was a little bit different. The other night we were looking -- la&t Thursday we were really looking for some higher level decisions from you because we had such a big deficit. So we needed some guidance on what -- we were talking about millions of dollars, and, yes, we do have millions of d~llars in our operating budget, but that also includes some marina expenses. So if you back that out, I can talk to those numbers. CourtReporterNet.com (800) 960-1861 I; 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Boynton Beach eRA ~ August l~, ;20CH In that 3.~ million dollars 1 operating expenses, there is a million dollars for departments' overhead; that's salaries, benefits and what's operating in each individual budget. The rest of the items are insurance items; that's 115,000 dollars. We need those insurances. We have to lnsure our properties, our vacant lots, the marina. So that's an item that I've already spoken to the broker about, and that's probably what it's going to be for next year, barring maybe 5,000 dollars. Professional services, we dropped that budget down by over 460,000 dollars. Professional services includes, and I'll give you the detail on that also if you need that, but it includes our audit fees, it includes bond compliance fees and it includes arbor charge rebate fees that we have to pay. These are things that are ongoing. We'll also have to perform a marina audit this year for the first time. It CourtReporterN et.com (800) 960-1861 11 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Boynton Beach CRA - August 12, 2008 also includes an audit of our trust fund, which is separate from our audit of our financial statements; the auditor general. economic development. business development that's required by It includes It includes small fees, and that's -- MR. RODRIGUEZ: Describe to me the economic development. MS. BRIGHT: As an outcome of the steward event, I forget the name, the Boynton Assembly, there was discussion about economic development. I don't believe the city commission has made a determination of where and who might be able to afford an economic development staff person. The job has always been programmed in the CRA's budget. We have, I believe, four or five outstanding positions. Is that correct, Susan? MS. HARRIS: We have four outstanding positions. MS. BRIGHT: Four outstanding positions, much like the city who they're on our books whether -- CourtReporterNet.com (800) 960-1861 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Boynton Beach eRA MR. RODRIGUEZ: August 12, 20C)S How much is that, Susan, in this line item? MS. BRIGHT: You mean the outstanding positions? MR. RODRIGUEZ: Yeah. MS. BRIGHT: We don I t include them. MR. RODRIGUEZ: Okay, so she just said the economic development was in this line item. What is it then? MS. BRIGHT: No. It's in our HR plan. MR. RODRIGUEZ: Okay. She just said the economic development was in this full plan. MS. BRIGHT: 11m trying to get to that, Vice Chair Rodriguez. MR. RODRIGUEZ: Just tell me that. All right, anything else? MS. HARRIS: I'd have to go back and give you the individual number for that, but MS. BRIGHT: We created an economic development plan for the eRA to address small business development issues. So we CourtReporterNet.com (800) 960-1861 13 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Boynton Beach eRA - August 12, 2008 hired a person to create that plan. So that's what she's saying is we didn't do it in-house. We didn't have enough staff to do it, so we've created a plan. It's not finalized from staff review. It will be coming before the board. So we spent some dollars out of professional services to hire someone to create that plan. MR. RODRIGUEZ: Do we know how much that was? And maybe that's something that we can defer. This is probably not a good time, in my personal opinion, to try to do that, but how much is that? MS. HARRIS: Off the top of my head, I'd say the total budget for that is probably 40,000 dollars. We haven't spent nearly that amount of money so far. MS. BRIGHT: Would you say we've even spent 10,000? MS. HARRIS: Maybe. MR. RODRIGUEZ: I'm not talking about this year; I'm talking about next year. CourtReporterNet.com (800) 960-1861 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Boynton Beach CRA August 12, 2U r MS. HARRIS: Next year? Oh, sorry. Okay, I don't have that number with me tonight, I'm sorry. I do apologize for that. MS. BRIGHT: I think we budgeted this year 40,000, so we were going to carryover the 30,000, if we needed to. So there's MR. RODRIGUEZ: That's the kind of stuff, I think, is important, that we are aware of and that there's no hidden costs in there. next year And I think we can defray till MS. MR. HARRIS: Right. RODRIGUEZ: -- and give these these programs, like the Caring services, eenter -- 40,000lS a lot of money in today's times. So I personally want to go through those details -- included details of all these operating fund -- MS. HARRIS: Okay. MR. RODRIGUEZ: line items. MS. HARRIS: Right. Okay. CourtReporterNet.com (800) 960-1861 15 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Boynton Beach CRA - August 12, 2008 MR. RODRIGUEZ: And if we can do it next Tuesday, we'll do it next Tuesday. But I think it's important that we do it publicly. MS. HARRIS: Okay. FEMALE SPEAKER: Mayor Taylor? MS. HARRIS: Yes. FEMALE SPEAKER: Is that the will of the board? MS. BRIGHT: Is that where we're going? I mean -- (Remainder of audio skipped per client's request.) CourtReporterNet.com (800) 960-1861 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 eERTIF'ICATION I, Clara Rubin, hereby certify that the foregoing is a true and correct transcription, to the best of my ability, of the sound recorded proceedings submitted for transcription. I further certify that I am not employed by nor related to any party to this action. In witness whereof, I hereby sign this date: November 21, 2008. ---------------------------------- Clara Rubin CourtReporterNet.com (800) 960-1861 MINUTES OF THE COMMUNITY REDEVELOPMENT AGENCY MEETING HELD ON TUESDAY, SEPTEMBER 2, 2008, AT 8:15 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 Chair Taylor called the meeting to order at 8:18 p.m. II. Pledge to the Flag and Invocation Mr. Hay offered the invocation followed by the Pledge of Allegiance to the Flag. III. Roll can The Deputy City Clerk called the roll and all members were 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. Mr. Weiland seconded the motion. The motion passed unanimously. V. Announcements & Awards: Chair Taylor announced the November meeting would be held on Thursday, November 6,2008, at 6:30 p.m. The second Tuesday in November Is Veteran's Day, a holiday. VI. Consent Agenda: A. Approval of Minutes - CRA Board Meeting - August 12, 2008 1 Meeting Minutes Community RedevelopmentAgency Boynton Beach, FL September 2,2008 citizens in the Heart of Boynton. He expressed concern there were no monies encumbered for the development of the Heart of Boynton as a guarantee of a commitment. There has been confusion in the community over the Ocean Breeze project and the proposals, because the community supports only single family homes. The purchase by the Oty of three properties for $60,000 then being bought by the CRA tram the City for $1.3 million was outrageous to Rev. Chaney. He asserted too many CRA funds were being used to balance the City budget. Chair Taylor responded the land was bought as vacant land and had been appraised based on the proposed development. The CRA encumbered half the monies, and the City encumbered the other half In order to give land to the developer so he could afford to build affordable housing. He noted the Ocean Breeze project did include single family homes on the west side on the land given to them by the CRA. Rev. Chaney suggested the $1.3 million be retained by the CRA and given to developers as an Incentive. He also recalled the previous CRA board had been chastised for doing the same type of Incentive buying and selling. Mr. Weiland added the City would not be receiving $650,000 of the $1.3 million. Mr. Hay remarked, thinking outside the box, the purchase of the little market on Seacrest would alleviate some of the drugs and crimes In the area. Funds should be found to purchase the market and reduce the cost of police patrOls and address safety Issues. No one else coming forward, Chair Taylor closed the public audience. x. Legal: A. Proposed Resolution Recommending the amendment of the CRA Plan and to Modify the Redevelopment Area Boundary Description to Confirm Inclusion of all Unincorporated Enclaves Annexed Into the Oty After November 8, 2000; Supporting Automatic Inclusion of Annexed Unincorporated Enclaves into the Redevelopment Area; Resolving Issues of Retroactive Reallocation of Ad Valorem or TIF Revenues Between the City and the Community Redevelopment Agency Chair Taylor read the title of the resolution and explained the matter had been before the Commission and needed to be approved by the CRA by resolution. Motion Mr. Weiland moved to approve the resolution. Mr. Hay seconded the motion. The motion passed unanimously. XI. Old Business: A. Discussion and Approval of FY 2008-2009 Budget Vice Chair Rodriguez's review of the budget revealed no monies had been allocated for the MLK project because the developer did not need the money until 2010/2011. Due to budgetary concerns, he recommended some monies be set aside for the MLK project. He proposed using $666,000 from the surplus, $313,000 from the contingency fund and half of the $800,000 for 6 Meeting Minutes Community Redevelopment Agency Boynton Beach, FL September 2, 2008 the 4th Street project that has been deferred to 2012, and allocating $1.4 million to the MLK project in next year's budget. This would address the citizens' concerns and offset the continued decrease In property values. Mr. Hay concurred with Vice Chair Rodriguez that the proposal would support due diligence In allocating funding for the Heart of Boynton Beach. Susan Harris, Director of Finance, indicated the $666,000 could be encumbered for the Auburn Group. She recalled the Board made two significant changes: one, reduced the money paid to the City for the land to $650,000, and second, deferred $800,000 for the 4th Street project until 2011/2012. The $665,000 can be encumbered this year and then used as needed to offset the $1.9 million. Cito Berguirstain, Auburn Development, advised a motion had not been made to encumber the $666,000 by reducing what the CRA would be paying the City. The $800,000 was encumbered for the 4th Street project and was not available for this fiscal year budget. The modification of the master developer agreement did allow for some of the funds to be made available during this fiscal year. Mr. Weiland pointed out the allocations were based on the assumption that property values would continue to decline. If that was not correct, the monies may be available. Ms. Bright clarified that Vice Chair Rodriguez was suggesting half of the money encumbered for the 4th Street project be encumbered In the next fiscal year for the MLK corridor. Vice Chair Rodnguez calculated that next year only $500,000 would be needed for the MLK project. Ms. Bright cautioned the CRA would not have any contingency fund available for emergencies If the proposed allocation was approved. Susan Harris admonished contingency funds are needed In the amount of $300,000. These funds, If not used, could be reassigned to the MLK project. Mr. Bergulrstaln felt confident that if $1.4 million were encumbered for the project, the development could move forward. Vice Chair Rodriguez suggested the $666,000 and $400,000 would be $1.1 million with the contingency monies rolled over If not used. Various alternatives to balance the bUdget were discussed. Mrs. Bright explained some flexibility has to be maintained to assist Auburn Group In moving the first phase forward. She also pointed out the 4th Street project may get moved forward and those monies would need to be available. Motion Vice Chair Rodriguez moved to encumber approximately $1.1 million for the MLK project and Auburn Group to move forward with the development along MLK and get a developer agreement. Mr. Hay seconded the motion. The motion passed unanimously. Mr. Bergulrstaln commended the .CRA Board and staff on their commitment to the project and revitalization of the area. Mr. Hay lauded the CRA staff for their achievements and announced only three CRA's had been pulled for special recognition for their achievements at a League of CIties meeting and Boynton Beach was one of the three. Chair Taylor noted Vivian Brooks, Assistant CRA Director would be making a presentation on affordable housing to an Intematlonallevel conference In Calgary, Canada. 7 Meeting Minutes Community Redevelopment Agency Boynton Beach, FL September 2, 2008 In reviewing other budget Items, Vice Chair Rodriguez further suggested membership fees, delivery services and office supplies could poSSibly be reduced. He questioned the $20,000 allotted for brownfleld designation when that was rejected. Ms. Bright advised the MLK corridor was designated as a brownfield, and Tom Hinners had requested assistance with the economic development of the project, but had to do the paperwork with assistance from the CRA staff. The monies would go to legal counsel to make sure the brownfleld designation was approved. The cost for the original brownfleld designation would have been negligible. Assistance would be available through the CRA to property owners to access those credits. Ms. Harris pointed out any funds not used would be rolled over and the cost of an electronic agenda process would also have to be funded. Memberships have been reduced and the Business Development membership fee was split with the City. Since travel has been cut, staff wanted to assure newsletter subscriptions were maintained. It was explained that the office supplies had been Increased because the marketing materials that had been outsourced are now being done In- house. Attorney Cherof advised the budget would be adopted and exhibit "A" would be modified with the amendments being suggested. Gertrude Sullivan, 201 NE 6th Avenue, Inquired If the Heritage Fest had been cancelled. She questioned why preparations were being made for the 4th of July and not the Heritage Fest. Ms. Bright responded the Heritage Fest concert and related events had been eliminated; however, the $5,000 Family Day at the Sims Center would be supported. Only two events would be sponsored this year: the 4th of July and the Holiday Event. Kathy Biscuitl, Special Events Manager, reported any events the community wanted could be held at the library. It was noted the attendance had been very poor. Mr. Hay noted the total cost of the Heritage Fest was $95,000. Myra Jones apologized for some of the miscommunication and expressed her appreciation for the assistance of staff. Staff has already committed many things to the community. She suggested the neighborhood association presidents should meet and discuss their differences In private. Lance Chaney, 4312 polemo Boulevard, opined the $95,000 cost was high, but the Heritage Fest would reflect Boynton Beach's diverse, cultural community. He conceded there were attendance problems. Ignoring the various cultures within the City while spending over $80,000 for travel seemed contrary to affirming the minorities and diversity within the Oty. Vice Chair Rodriguez clarified the travel budget had been decreased from $80,000 to $19,000, a 77% reduction. The recent trip to Calgary was In the current years budget. Ms. Bright stressed the OJban Art Show was rejected, as were other cultural events, due to a lack of funding. Every effort was being made to get developers to underwrite the cost of any events. Auburn Group donated $50,000 for events and In-kind sponsorships. Those types of donatIons would not be forthcoming In the new fiscal year. The rationale would be to have a major event In the summer and major event during the holidays. Rev. Chaney urged the City or CRA to devote some dollars to affirm diversity within the City. 8 Meeting Minutes Community Redevelopment Agency Boynton Beach, FL September 2,2008 Chair Taylor remarked the City cut out funding for all events and turned the planning and events over to the CRA exduslvely. The funding for the Holiday event had been trimmed back. Victor Norfus, 261 N. Palm Drive, had Issues with the way the Heritage Fest was addressed. Ms. Bright aCknowledged the CRA would not be funding the types of activities and programs It had in the past. Mr. Norfus stressed the original celebration was Black Awareness Day to showcase the accomplishments of the African-Americans to the City and Nation. It was an educational opportunity. Expanding the program and event overshadowed the educational factor. It needs to return to the citizens to be responsible for the celebration, with some type of support from the City. Mr. Hay recalled his sister, Ullian Artis, was Integral to the concept of Black Awareness within the City. The event should continue In some form. He contended the CRA Board should donate some funds to the event. Mr. Hay encouraged the donation of discretionary funds to ensure continuation of the event In some form. Motion Vice Chair Rodriguez moved to adopt the resolution with exhibit "A," incorporating the amendments made by the Board. Mr. Hay seconded the motion. B. Discussion of Contracts with American Realty - Ocean Breeze Attorney Cherof explained there was extensive Information provided about the history of the Ocean Breeze project and the contract to purchase the property, plus the Incentive packages offered. At the last meeting changes were requested to be made to the project as proposed. The policy Issues that must be addressed are about the purchase and sale agreements entered Into with Ocean Breeze. A deposit of $210,000 was required within ten days of final ranking of the 2008 Universal ranking of the application by the Florida Housing Finance Corporation, or October 31, 2008, whichever came first. The purchaser did not timely make that deposit, and the failure would constitute a technical breach of the contract. The contract also provided a curative period once the default Is made. The first decision would be If staff should write a default letter to the developer, triggering their requirement to post the $110,000 deposit. The second Issue IS whether the modification proposed Is a material difference from the project that was originally approved. If It Is, consideration would be given to the other company that made a proposal, the Carlisle Group. Another alternative Is to reject all the proposals and seek new requests for proposals. It was noted the project has been underway for some period of time, and the same amount of time would be necessary to start over again. Frank Chlrklnlan, American Realty, noted, on the west side, originally Community Housing Workforce Innovation Pilot Program (CWHIP) funds were being sought and as Indicated In the RFP, were critical to the acquIsition. When those funds did not materialize, an alternative concept for building on the west side was developed. Without the Community Housing Workforce Innovation Pilot Program funds, the entire project on the west side stalled. An alternative plan was recently presented to the board. Technically, a deposit should have been made based on the award of the Community Housing Workforce Innovation Pilot Program funds 9 MARKETING & COMMUNICATIONS August 2005 - CRA hired Events/Marketing/PR Coordinator (1 staff member) December 2005 - Hired Biscuiti International as Events Consultant RFP for Marketing Agency March 2006 - Ambit retained. Scope of services include assisting CRA staff with the following: . Establishing brand for CRA . Marketing CRA to So. Florida development community . Event development to stimulate downtown awareness and effective ROI for events · Establish collateral and communications to promote Agency and it's programs/projects to Boynton Beach CRA residents and businesses October 2007 - One, full time staff member and shared assistant with Events Department (One and % staff responsible for CRA marketing & PR) October 2008 - Ambit contract reduced by 75% due to reduction in TIF. Marketing and PR projects brought in-house with expectations to maintain current workload and handle unforeseen projects and promote unscheduled events. Collateral Mailings 2005 Mid Term Report .. ............ ........................................... ................. 165 Annual Report 2006 ........................................................................... 7,975 Annual Report 2007 .... ...... ........ ........................................ ................8,380 Trolley Mailer.................................................................................... 25,490 Res Improvement Postcard ............................................................... 7,706 The Preserve brochure........ ... ......... ........ ... ......... .......... ..... .....7,706 MLK Corridor Flyer............................................................................. 3,289 Heartbeat Newsletter May 07 ...... ... .......... ... .......... ..... .......................3,747 Heartbeat Newsletter Winter 07 ........................................................ 3,289 HOB Postcard August 06 .................................................................. 3,267 HOB Postcard Fall 06 ....................................................................... 3,246 HOB Postcard Dec 06 ........................................................................3,267 HOB Postcard July 07 ........................................................................ 3,778 Las Ventanas Groundbreaking Invite Postcards May 07..................4,100 Masterplan Meeting Invite Postcard #1 ............................................. 8,037 Masterplan Meeting Invite Postcard #2 ............................................. 6.567 CRA FYI Newsletter ........................................................................21,579 Trolley Direct Mail (residents) ............... ............................. Trolley Direct Mail (business/advertising rates)."..... " "........ ",". ...713 "... ..840 Collateral (not mailed) eRA brochure Trolley maps Events flyers and posters ADDED VALUE Florida Trend provided a premium position to the CRA for its advertising. In addition, the rate for each ad 1/2 page ad was reduced from $9,050 to $6,695 x 2 ads ....................................................... .... ........ .....$4,710 ULI Magazine full page ad to run at no charge in December 2008 issue The value of this ad is ..............................................................". .". ..$6,650 ROI (Return on Investment) The Boynton Beach CRA target markets include: · local businesses and residents . regional businesses and residents that may be inclined to move to Boynton Beach · national investors and developers Marketing materials created for the CRA include response components to assist in tracking the effectiveness of the marketing program: the web site and/or a phone number. TRACKING RESULTS Events, programs, grants, projects, and activities of the board of directors are promoted through an integrated marketing campaign of advertising, direct mail, public relations, community relations, out-of-home and social marketing. EVENTS The CRA has seen an increase in attendance from its first Holiday Concert, featuring Copeland Davis, with attendance of 260 people, jump to over 5,000 Quests at the February 2008 Commodores Concert. WEB SITE www.bovntonbeachcra.com The Web site served 700 visitors in October 2007. It is currently averaging close to 1,500 visitors per month - accessed by 13,164 visitors between October 2007 and July, 2008. Approximately 57% of the visitors were first time. The pages of interest in order of importance are: 1. News and Events is currently even with Programs and Grants 2. CRA Funded Projects 3. Private Developer Projects 96% of the visitors came from the US. The remainder came from Canada, India, Germany, United Kingdom, Philippines, Sweden, France and Finland. 78% of the visitors in the U.S. were from Florida. 22% were from New York, California, Georgia, New Jersey, Illinois, Pennsylvania, Massachusetts and North Carolina. Within Florida, about 60% of the visitors come from Boynton Beach, Lake Worth and Delray Beach. The remaining visitors are predominately from Palm Beach, Broward and Miami-Dade County, South Florida counties with a few from Orlando and Tampa TROLLEY WEB SITE www.bovntonbeachtrollev.com The Web site served 187 visitors in the month of October 2007 and grew to total 4,809 for the period between October 2007 and July, 2008. This is an average of 480 per month. The number of calls to the CRA from people looking for scheduling information has dropped substantially, with the web site providing information on line. Approximately 80% of the visitors are first time. Visitors are predominantly from Boynton Beach, Lake Worth and Delray Beach. Advertising activity is increasing. Jason's Deli is renewing their contract for one year, after it expired on July 31. The pages of interest in order of importance are the "Map & Schedule" and the "Frequently Asked Questions." FROM THE COMMUNITY The CRA staff receives comments through letters, phone calls and emails that businesses and residents continue to become more proud of their Boynton Beach Community. Letters of commendation have been received about the high quality of collateral and direct mail. AccomDlishments of Marketina and PR Proarams since 2005 · Local and national branding Awareness · Promotion of eRA Projects and Programs through direct mailings, website and community meetings, have resulted in the following: · HAP Program - $1,742,100: 27 closed and 11 approved HAPs · RIP Program - $500,000: 7 homes completed and 25 applications in process . Awards & Recognition o Affordable Housing o FRA Roy F. Kenzie Award: Boynton Beach Boulevard Extension o Palm Beach County - Executive Director Lisa Bright nominated for Women of Distinction Award o IDA - Annual Report recognition o League of Cities - FRA: recognition for one of three outstanding CRAs in the State of Florida EVENTS TIMELINE KATHY BISCUITI . CRA Special Events Contract Employee October 2005 - November 20, 2006 Planned and executed: . Holiday 2005 - Copeland Davis, 250 attendees . Art & Jazz Concert Series 2006 - 4 concerts 200 to 500 attendees each . Pirates of the Intracoastal 2006 - 2 day event 1,500 attendees . Planning for Holiday 2006 and Heritage 2007 . November 20,2006 hired as FT employee to be shared 51 % CRA, 49% City Planned and executed: . Holiday Extravaganza 2006 (CRA & City) - 3,500 attendees . Heritage Celebration opening reception at SCM (CRA & City)- 200 attendees . Heritage Celebration Concert 2007 (CRA & City) - 4,000 attendees . Oceanfront Concert Series 2007 (City) - 4 concerts - 200 attendees each . Salute to Independence - 4th of July 2007- (City) - Horrible weather with lightning 500 attendees . Kurt Bressner came by during setup and told Kathy B that he could not come that night because he was working on the budget . July 7,2007 - staff called to say she saw an article in the Sun-Sentinel that Special Events was being eliminated by the City. . It was decided that the CRA take on 100% of Special Events including 4th of July and Oceanfront Concert Series which were formerly city events. . 2007/2008 Events Season (100% CRA funded) . Special Events and Marketing develop first ever Sponsorship Package. · Presenting Sponsor package is sold to Auburn Group for $50,000. . Holiday Extravaganza 2007 - 4,000 attendees . Heritage Celebration opening reception at Women's Club - 100 attendees . Heritage Celebration Concert 2008 - 5,000 attendees . Oceanfront Concert Series 2008 - 300 attendees each . Salute to Independence - 4th of July 2008 - Rain - 1000 attendees. · 2008/2009 Events Season · Presenting Sponsor package again sold to Auburn Group for $50,000. . Holiday Extravaganza 2008 Ms. Biscuiti was hired for her expertise in the planning and execution of events. In addition the eRA depends on the contacts and relationships she brings to the table from her 30 years in the community. Events - Summary of Major Events 2006 - 2008 .~ FY 2007/2008 CRA City Total , $ - $ - $ - , , 144,479 0 144,479 187,429 0 187,429 72,057 0 72,057 5,728 0 5,728 965 0 965 1,351 0 1,351 CRA Total $ 27,532 $ 53,985 91,125 178,676 117,116 168,416 0 0 0 0 24,810 24,810 1,000 1,000 Total $ 261,582 $ 165,304 $ 426,886 $ 412,009 $ $ 412,009 (a) Costs shared between CRA (51%) and City (49%). Heritage Fest funded 70% by CRA due to City budget constraints. (b) In 2006 three events: Medieval Faire, Holiday Parade, Holiday Concert FY 2005/2006 (a) l I FY 2006/2007 CRA I City I Total ] CRA I City I 76,020 $ 23,578 $ 99,598 $ 104,926 $ $ I Total I 104.926 Events - Personnel Costs Salary and Benefits I $ (a) Represents shared salary and benefits for Events Director plus 1/2 staff person funded 100% by CRA Events - City Charges to CRA I FY 2005/2006 I I FY 2006/2007 CRA I City I Total CRA I City I Total Pirates - Police $ 7,747 $ 7,443 $ 15,190 NA NA NA Holiday - Police $ 11,219 $ 10,779 S 21.998 $ 10,667 $ $ 10,667 Holiday - Other City $ 22,959 $ $ 22,959 Heritage - Police $ 8,649 $ 8,310 $ 16,959 $ 11,958 $ $ 11,958 Heritage - Other City $ 502 $ S 502 $ 1,770 $ $ 1.770 4th of July - Police $ $ $ $ 2,046 $ $ 2,046 4th of July - Other City $ $ $ $ 2,292 $ $ 2,292 Oceanfront - Police $ $ $ $ S $ Oceanfront - Other City $ $ $ S 720 $ $ 720 Marina Fest - Police $ 2.881 $ $ 2,881 $ $ $ Marina Fest - Other City $ 1,143 $ $ 1,143 $ $ $ Boat Parade - Police $ $ $ $ 489 $ $ 489 Boat Parade - Other City $ $ $ $ $ $ Total $ 32.141 $ 26,532 $ 58,673 $ 52,901 $ $ 52,901 C:\Documents and Settings\buckleya\Local Settings\Temporary Internet Files\OLK61\Events - November 2008 -1-0 ~ "j,~~~3f~:,:,,;: :~rJ lili~ ..",,,-~/"11'/" J T 1'1"~\'~ \'I!"" ' 97 Boynton Beach Downtown Master Plan Phase 1: 1- 2yrs Phase 2: 2-4 yrs Phase 3: year 5 5 Year Action Plan* OS-l $4,350.000 CRA, TEA Yes Yas 05-2 2 CIvlc Carn us Plaza Bovnton CRA No Yos Mark- c.:;:~e p~r:,mlng events with attention glven lo Ocean Avonue and the newly CRA Operating M-l Onaolna Prnnrammed Events MarkeU"" des cd civic aZll and morlna. Bovnton CRA Funds Ne Ne ConUnuo the nowslettor & webslto Information to inform the public of downtown mastor CRA Operating M-2 1 OoVV'l1lown Promotions Markotlna Ian lnillallves In addRlan to !eQular CRA activities. SO.OOO annuallv Bovnton CRA Funds No No Promenade - Condos Page 1 of 1 P r....!J1 C II ([ if e '\( l\\- t '11\ I, ') C, IJ I',[rll\. t!l Jll l:INtJc L!Jistyk AilI1ti,itii!t ~ ~m~r1 F-lMlo-Iatnb1iwncl Ih~TN1Ii J+r:r..s ()miBd Horne ResortUVing. ~ Styk.. Orlll representatlont cannot be ,.jled upon a. corr.ctly ntIng rep.....ntationt of the Developer. For correct tepfIIUl'Utions, f'eWrence thoukl be made 10 thf documlll1ts rttql.i* by Section 718.503, Florida St8tLi.., 10 be furrn.hed by the DelMklpef to . bUY. or ~. Aft ~ Me arht'. concepl.loo. All dirrMmsiOJ'll 8111 approxmllte. FloorplaM a,. subject to change without 1'IOtice. ,..... MIler rHervn the absolute right. in ita .ole ).Idgmenl and d-=reliOl'l, to subtllltule .pp~ancllS, mahln.ls, fi:lrtUres and equipment of equal or greater q....lity or value for those lp8Cified. Fl.rnlshings lire for artilllic purpose. only; See Standllrd Fealures and Amenities IIsI for residence featlns. designed by E' :p'.c- )'."-'2 lma,]p. http://www.promenadecondos.comlmain.html 11/14/2008 (!3) Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida March 13, 2007 Vote There was a vote on the motion that unanimously passed. B. Consideration of Issuing an RFP for Ocean Breeze Ms. Bright explained when staff negotiated the purchase agreement with Mr. Finkelstein she needed to know if the board wanted to wait until the purchase agreement closed before issuing the RFP for Ocean Breeze. The document was already approved by the attorney to get the RFP out to the public. Ms. Horenburger explained the document did not clearly define the boundaries of the east side properties. There needed to be additional language or the legal description included. The board discussed the reorientation of the parcels to face Sea crest and they were included in the package. The CRA was trying to square off the site. Ms. Bright explained there had been significant interest in those properties from various parties. The property encompassed not just the Ocean Breeze site, but the Peters property as well. Motion Vice Chair Norem moved approval. Mr. Myott seconded the motion that unanimously passed. C. Consideration of Sponsoring the Avenue of the Arts Staff explained this item was to kick start the creation of the downtown area where 10 pieces of sculpture, primarily from Ocean Avenue to the Intracoastal as the downtown area begins to emerge. Debby Coles-Dobay, Public Art Administrator, thanked the board and explained the program should stimulate growth in the downtown area. The program was a year-long program, for art to be put on loan and strategically placed to encourage travel to an area. People could see what was being built. This year, there were no funds to do this due to many projects having site plan time extensions. Ms. COles-Dobay reviewed the different locations on the map. She advised they already had podiums and she spoke about the artists who were selected by the committee. A commitment to install the art and to ensure they would be able to withstand the windload standards needed to be made. International and local artists were involved. They were trying to coordinate this to the August 4th event at the Marina, which was the Jazz and Seafest. Visitors could look at the artwork and listen. She reviewed the costs and procedures to do this. The largest cost was to have the pads poured and installed. She was seeking a sponsorship basically to construct the pads and there were other costs such as stipends to bring in the work. There were sponsorship opportunities for individuals, businesses and others to sponsor cultural events. 12 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida March 13, 2007 She reviewed her Powerpoint presentation and noted there would be structural engineering required. This was for a pad being poured on grass, a paver area and some on existing pedestal areas. There was discussion about the fees being collected. Public art was something other entities might want to be involved in and the Commissioners have been to other cities and been impressed with the art they had. Ms. Bright advised Ms. Adelsperger and Ms. Biscutti were working on a sponsorship kit and were trying to garner business and developer support for the effort. It was thought businesses would love to have their name on pieces of sponsored art. Motion Ms. Horenburger moved approval of a loan for $40K with a cost for the bases from account 58300-200 to be reimbursed to the CRA from funds generated from the Arts Ordinance. Mr. Norem seconded the motion. Mr. Reardon noted this would be an interlocal agreement and they would send it over to the City because the City needs to approve it also. Vice Chair Norem asked if this was included in Ms. Horenburger's motion. Ms. Horenburger added the Interlocal Agreement to her motion. Vote There was a vote on the motion that unanimously passed. D. Funding Request: Lasendra Hoggins for Homebuyers Program - $47,000 Ms. Brooks reviewed this item for program funds and recommended approval. Ms. Horenburger noted when they have items like this, for the benefit of the public, those items should be moved up on the agenda. She had observed a small child in the audience sleeping. Ms. Hoggins thanked the board for the program. She announced she was originally supposed to close by the end of the week, but there was a paperwork issue. She hoped to close within the next few weeks. The board congratulated her. Motion Ms. Heavilin moved approval of the item. Mr. Myott seconded the motion that unanimously passed. E. Consideration of Issuing an RFQ for Professional Services Motion Vice Chair Norem moved approval. Mr. Myott seconded the motion that unanimously passed. 13 ,~; .'!,:.~,. .,."-."~' " II~qY~T2~IC RA iiI East Side-West Side-Seaside Renaissance BOYNTON BEACH CRA AGENDA ITEM STAFF REPORT eRA BOARD MEETING OF: March 13, 2007 AGENDA ITEM: X. B. I I Consent Agenda I Old Business I X New Business Public Hearing Other SUBJECT: Consideration of Sponsoring the Avenue of the Arts SUMMARY: eRA staff has been working with Debby Coles-Dobay, the Public Art Coordinator for the City to come up with a plan to display public art to create an "A venue of the Arts" on Ocean A venue. By using publicly owned sites and some privately owned ones, staff has identified potentially 10 sites for public art along Ocean Avenue. The art will be on loan to the City. New art will be installed on an annual basis. 10 Public Art Locations Structural engineering ($ 350.00 per spot) . Pad construction 8' x 4' x 12" thick (includes 2 flood lights) $3,750.00 each $ 1,050 $ 37,500 Stipend to each artist for shipping and installation @ $1,000.00 each $10,000 plaques $100.00 each Insurance for art $ 1 ,000 $ 1,000 $ 7,650 $ 58,200 Contingency costs 15% TOTAL T:\AGENDAS. CONSENT AGENDAS. MONTHLY REPORTS\Completed Agenda Item Request Forms by Meeting\FY 2006-2007 Board Meetings\07 03 13 CRA Board Meeting - March\Avenue of the Arts.doc ~~3QYNTO~ ~RA. ~3t A C , L _ East Side-West Side-Seaside Renaissance BOYNTON BEACH CRA AGENDA ITEM STAFF REPORT Staff believes that this project will bring new energy to Ocean A venue by encouraging people to walk from the Intracoastal to Seacrest and therefore supports funding the cost of the bases for the art. FISCAL IMPACT: A one time cost of $40,000 from general revenue. RECOMMENDA TIONS: Approve funding $40,000 to the City for the cost of the bases for the Avenue of the Arts project from account 58300-200. Vivian L. Brooks CRA Planning Director T:IAGENDAS. CONSENT AGENDAS. MONTHLY REPORTSICompleted Agenda Item Request Forms by MeetinglFY 2006-2007 Board Meetings\07 03 13 CRA Board Meeting - MarchlAvenue of the Arts.doc 0Y Boynton Beach Arts Commission Guidelines and Recommendations . Creating investments that will increase in value . Educating the community . Creating a sense of civic pride . Evoking emotion and stimulate community interaction . Improving the environment . Increasing quality of life . Creating a greater cultural base . Preserving community history . Attracting the arts, artists and art advocates to the community . Placing The City Boynton Beach "on the map". The Arts and Culture Industry is part of the solution that impacts. . . . . . Community Revitalization .. . Economic Development . . . Quality of Life .. . Student Achievement .,. Tourism Refer to the Reference Document: Making the Case for documentation on each of the topics that was compiled by the Florida Cultural Alliance. Presented May 24.2005 Revised 9/30/05 Page 15 of 64 Boynton Beach Arts Commisslor- Guidelines and Recommendations Funding Recommendations and Alternatives Public Art Fee The Arts Commission recommends that the City of Boynton Beach initiate a Public Art Fee to fund the Art in Public Places Program. Since there are many newly planned projects in the City, a Public Art Fee would establish a financial base for the Arts Commission to immediately begin the Art in Public Places Program. This recommendation provides a way for the City to create a balance with the rapid building growth to ensure that culture is matched with green spaces. Our recommendations encompass a comprehensive program that would be funded by assessing Public Art Fee equal to a % of construction value to real property excluding the land value. Public Art Programs across the Nation and State of Florida typically have between a 1/2 - 5% Public Art Fee. Since we want to create a program that will eventually self fund itself we looked at it from a business prospective. If we implement a fee that could be collected for a limited time period it will give us the seed money to run the program for the future. In addition to the seed capital generated from the fee we recommend to reserve some of that money as an endowment (or savings account) in addition to actively seeking grants and private funding through aggressive marketing and fundraising events. A. The Arts Commission recommends that a Public Art Fee be assessed equal to 1 % of construction value over $250,000 of improvements to real property in the City of Boynton Beach meeting the following criteria: 1) Non residential construction alteration or repair for which a building permit is required 2) All new residential construction and/or redevelopment for which a building permit is required 3) All new public construction for which a building permit is required 4) Fees will be calculated on amounts exceeding the $250,000 threshold Exceptions to Public Art Fees: · Remodeling, repair or reconstruction of structures damaged by fire. flood, wind. earthquake or other calamity determined by the City of Boynton Beach building official. · Construction less than $250,000.00 Public Art Fee shall be collected by the Building and Code Compliance Department at the time of permit issuance. Where does the money get spent? The total 1 % Public Art Fee funds would be dedicated at 70% to the construction of art in a given project and 30% to run the Arts in Public Places program. At the suggestion of the CRA director, Doug Hutchinson, the Arts Commission is recommending to adopt an Presented May 24, 2005 Revised 9/30f05 Page 16 of 64 Boynton Beach Arts Commission Guidelines and Recommendations endowment program with the Public Arts Fees collected for future program funding. A. Create a Public Art Fund which is administered by the Arts Commission board and a Public Art Administrator to consist of all contributions received from art fees for development, redevelopment, cash grants and donations to the City for public arts projects from public or private resources and all the funds allocated by the City though the budgetarj process for the provision of public art. The Arts Commission recommends 30% of the total fee to run a Public Arts Program. These funds will be designated to run the entire program and cover: . Administration of Art Fund and Art in Public Places Program, including Public Art administrators salary, record-keeping such as registration, maintenance, renovation, insurance, etc. . Art for publicly owned properties to include: Site preparation, installation, insurance, maintenance and renovation . Marketing and Advertising of the Art in Public Places program . Acquisition, siting, decommissioning . Art programs and events with a cultural emphasis that draw community participation . Artist and artwork selection-related expenses . Endowment program B. Art Proiects in Developments As we stated 70% of the 1 percent Public Art fee will STAY in the project and dedicated towards the development and construction of the art. The Arts Commission worked with Planning & Zoning to ensure that the building process is not inhibited by the development of art in the project. We support their recommendation for a bonding option, which states: Certificates of Occupancy will not be issued until completion and installation of all Public Art requirements are met. The Developer may, at his option, post 110% surety for work, which may be more prudently put in place subsequent to building construction with a required completion deadline of 60 - 90 days. Presented May 24, 2005 Revised 9/30/05 Page 17 of 64 Boynton Beach Arts Commission Guidelines and Recommendations Temporary Lending Program This is an example of a piece of art that is on loan to the City of Boynton Beach. The Arts Commission recommends that they will expand on this program. Rick Beau Lieu's turtle bronze sculpture in the City of Boynton Beach lobby. Presented May 24,2005 Revised 9/30105 Page 40 of 64 Boynton Beach Arts Commission Guidelines and Recommendations Getting the Word Out Education is vital to the success of any public art project, whether it's a small portable artwork or a grandiose design team memorial. Communities are defined broadly to include schools, neighborhood businesses, community groups, arts organizations, scholars, media, administrators and artists themselves. Communities of every type are affected by an artwork both positively and negatively, and the more they know about a particular work, the more likely they are to understand and appreciate it. The most successful projects are those where a community has been invested from the start, beginning by explaining some of the parameters, which are important to a particular site or situation. Educating the community on the Arts Commission, its purpose and the projects that make up the City's Art in Public Places Program is key to gain the community's support. The Arts Commission will connect the artist with the community to assist in this education process. In turn, the artist involved in the city's projects will learn enormous amounts of background information to solve problems and challenges when designing and creating artwork both technically and aesthetically. This will compliment the overall site or situation. The final result will enable the community to understand, appreciate and enjoy the artwork, while enhancing their environment. Following is a list of suggested educatIon ideas that the Art Commission will consider for The Art in Public Places projects. Though the list appears daunting. think collaboration with related partners and City departments whenever possible. Once we begin the program with a few ideas and build up opportunities, it will make a positive difference for each artwork, the program and most importantly to the community over the years. Resources Develop simple individual fact sheets about artworks for the facility where public art exists---include photographs if possible and key information listing artist name(s), title, funding, jury, completion date, media, dimensions, location, background, description, artist's statement about the featured artwork and artist's biography. We will work with graphic designers to create brochures highlighting the programs artwork. Produce walking tour maps of artworks, possibly tapping into pre-existing neighborhood maps or city bus maps consequently saving time and funds; provide catalogs for special exhibitions or portable artworks, publish books about the collection. Develop a CD- ROM highlighting the collection including sound and video. By collaborating with organizations and associations locally, nationally or internationally the Arts Commission can get the word out on its Art in Public Places Program. In addition, through lists of artists, publications and web sites, the Arts Commission can promote the program. Presented May 24. 2005 Revised 9/30/05 Page 58 of 64 Boynton Beach Arts Commission Guidelines and Recommendations Web Site The Arts Commission recommends hiring an agency to develop and create a web site for the Art in Public Places Program. It will detail the program with updates listing upcoming calls for artists, deadlines, updates on projects, dedications, new information of interest to artists, workshop listings, etc. It can also provide downloadable information to execute the art projects. The site will link to (and from) other City's web sites as well as other pertinent local, national and international sites. Tours The Arts Commission recommends developing tours to promote the Art in Public Places Program. Walking, guided, bus, trolley tours for all areas of the community will promote education of the process and program. Slide Talks Create custom shows based on themes or the community's interest - e.g. streetscapes, environment, historic, recycled material, selected mediums, or portable artwork. Audiences for slide talks include community centers, library, schools, senior centers, city departments, individual groups of all ages and special interests, tourists, convention centers and concierges. Plaques Artwork plaques generally have standard information including title of work, artist's name, date, medium, funding source, and city officials. A bnef informative statement about the artist's intent could enhance the appreciation for this work in a simple, unassuming way to help educate visitors with little additional effort and minimal cost. See example below. Additionally, non-traditional materials can be used for plaques to draw attention to the information and enhance the artwork itself. SAMPLE PLAQUE: Gateway Lantern Skyline Canopies House Finial Lydia Aldredge I Kate Wade 1998 These artworks are unified by the historic neighborhood skylines and traditional house shape forms, symbolizing the dynamic relationship between the neighborhood and the individual. Commissioned with Seattle Department of Parks and Recreation One Percent for Funds Administered by Seattle Arts Commission Presented May 24,2005 Revised 9/30/05 Page 59 of 64 City ('.f'BoyntoTl Beach - Luna Tuna PalIe 1 of2 ~ QUick links [ Search Business Community Government Online Services Departments City Contacts HO/lle > GQvernment > Dej2artrnents > Publi<:_8rt > P(Qgrams > 8v_enueoLtbeAd:s > Luna Tuna WELCOME Luna Tuna Artists Arts Commission ,/ Luna Tuna A new visual experience created from recycled materials. 2002 Painted welded steel 6.5' x 3' x 2', 2501bs. S 15,000.00 Call to Artist Developers Events/PR Exhibits Public Art Administrator Location: Civic Center, 128 E. Ocean Ave. Artist: Richard Beau Lieu From the French, Beau lieu means, literally, beautiful place. And it is both appropriate and ironic that it should. Richard Beau Lieu, an American Artist, founded Beau Lieu Sculpture Studios in 1984 in Boynton Beach, Florida. For it is in this place, known only for the scenes and scents of common industry, that Richard Beau lieu will create some of the finest sculptures and three dimensional, mixed media compositions available today. Beau Lieu's works can be seen in galleries, public buildings and institutions through out the world. His affiliation with international art organizations and National Environmental Groups is noteworthy. In 1989, he was the recipient of the Distinguished Florida Artist of the Year Award. He also received a 1990 award for Significant Contribution to the Arts in Education from the National Organization of Young Audiences and in addition received a 1991 Resident Artist Award for his work with high school students by the Palm Beach County School Department. In 1986 he received a commission from the Starkoff Associates, that resulted in two monumental http://www.boynton-beach.org/government/departments/public _ art/programs/luna _ tuna.html 11/6/2008 City of Boynton Beach - Luna Tuna Page 2 of2 sculptures being installed on the grounds of the Arvida Executive Center in Boca Raton. In 1988, another commission resulted in the production of seven sculptures of a marine, or nautical theme, which were part of an underwater art exhibit to benefit The Center for Marine Conservation in Washington, D.C. Boynton Beach, FL www.neighborhoodgallery.com/beaulieu/ Business Communit" Government Online Se1r"lCe~ Departments Cit" Contacts Copyright @ 2006, City of Boynton Beacr ~-erms Ct Conditions INebGen 3.1") Powered by Revlze from Revize LLq I1ttp:, ,ww.boynton-beach.org/government/departments/public art/I-- t:?rams/luna tuna.html . {lm-, City nfBoynton Beach - Water Steel Business Bids-RFP-RFQ Community Government Online Services P~CYe 1 of2 Quick Links I Search Departments City Contacts Building Permits Business Tax - renewal Chamber of Commerce Citizen Action System Home > GO\l~J:nment > PJmar:tr:n~nts > PUQli~ Art > I'f.Qqrams > Avenue of tI1~~Jj:.s > Water Steel I WELCOME Water Steel I . Artists Arts Commission Call to Artist Developers Events/PR Exhibits Public Art Administrator Water Steel The essence of abstracted forms resembling flowing water. Rusted steel 52" x 38" x 55", 200 lbs. $5,000.00 Location: 412 E. Ocean Ave. Artist: Genevieve Steel Genevieve creates art ideas that transform lives. She is an accomplished designer and artist who as formal training in fabrication and installation of steel artwork. Her work ranges from large scale mixed media to welding of massive sculptures. Lake Park, FL dra~Qnwaterproductions@yahoo. com http://www. boynton-beach.org/ government/departments/public _ art/programs/water _ steel.html 11/6/2008 City of Boynton Beach - Wave Factor 3usines:r Animal Control BBTV :ommLlnjt" Boynton Building Beach CRA Permits Page 1 of2 Quick Links Search Governmer>': Citizen Action System ')rlin? Services Jenartment:r :.":it~, Cal1ti."ct~ Library Parks Recreation Public Art Public Affairs Public Safety Centers Transportation! WELCOME Home> Government> Departments> Public Art > Programs> Avenue of the Arts> Wave Factor Artists Arts Commission Call to Artist Developers I Events/PR Exhibits Public Art Administrator http: 'Wave C:;;r~n'- 1 u_,~_ Wave Factor "Ocean movements" 1986 bronze a stainless 9' x 3' x 3', 300lbs. ,.. . S 18,000.00 \. ....... Location: Next to City Hall Marquee, . Boynton Beach Blvd. &. Seacrest Blvd. Artist: Cobert Collins Cobert and his wife Penny are both Internationally reknown sculptors with artwork shown in designer showrooms, galleries, museums, private homes, institutions and corporations. They exhibited in the prestigious 2006 Palm Beach International Biennial Sculpture competition in South Florida. Wellington, FL \NWW. collinsstudios. com cobert@bellsouth.net \T\v.hovnton-heach.org/government/departments/public artll ,rams/wave fachlr.html ilO~ City pf'Boynton Beach - Feline Foliage Business p!>oe I of2 Quick Links I Search Community Government Online Services Departments City Contacts WELCOME I-IQm~ > Gover:nm~JJt > Department!> > Public Art > Programs > ~venue of th~_Ad:s > Feline Foliage Feline Foliage Artists Arts Commission Call to Artist Developers Events/PR Exhibits Public Art Administrator Feline Foliage Whimsical feline tree for cat lovers 2007 Powder coated aluminum 12' x 8' x 6', 400lbs. S 12,000.00 Location: 135 E. Ocean Ave. Artist: Beth Ravitz Beth is an active Public Artist and serves on the Public Arts Committee for the City of Coral Springs. Her Public Art projects have ranged from mosaics and metal sculptures to multi media projects most of which are collaborative efforts with the communities where they are placed. Beth has also taught art courses and lectures on Public Art. Coral Springs. FL WWW.bethraYitz.CQm http://www.boynton-beach.org/government/departments/public_artIprograms/feline_foliage.html 11/6/2008 ~ City ('+Boynton Beach - Public Art in City Hall City Hall - A New Look If you visit Boynton Beach City Hall, you will see a new look. The lobby walls are freshly painted with icy aqua accent colors and decorated with Public Art! Brochures, flyers and information literature are neatly housed in professional kiosk displays. Even the furniture is arranged in a "feng shui" groupings making it comfortable for visitors to wait or meet. ~ Upon entering the lobby you will be greeted by the sculpture "Opus 14 Sea Turtle" that sits on his new habitat painted base. This welded steel sculpture has been on loan since 1995 from Rick Beau Lieu. Above the customer service desk you will see a custom kinetic artwork suspended from the ceiling created by National artist, Tom Brewitz. To the right above the cashier is colorful painting Boynton's lifeguard station on the beach by local artist, Stan Sternbach. As you pass along the hall there are several additional artworks consisting of a painting, water color, ceramic plates and a wall sculpture. The stairway to the second floor features another large and lively mixed media piece. This artwork collection was purchase through a local call to artists. This is the beginning of our City's Public Art collection", states Public Art Administrator, Debby Coles- Dobay. "The artwork is available for purchase as we continue to refresh our collection". Opus 14S4ts Turtle Enjoying the surroundings City employee Debbie Majors notes, "The artwork helps me slow down and take notice and enjoy my surroundings. We live in a very fast paced world, seeing a giant turtle, a colorful sculpture or mobile, in the midst of offices, partitions and doorways, is unexpected. I stop to enjoy it, even if only for a brief moment". The lobby is cleaner and more organized making it easier for visitors to find what they are looking for. Employees and visitors alike benefit from the new look. " We've turned a functional City Hall Lobby into a cultural oasis", says Janet DeVires, the City's Library 8: Museum's Archivist. "We have a sense of style" adds Boynton's Planning 8: Zoning Director, Mike Rumpf. This is the start of the City's Public Artwork collection. Increases in value http://www.boynton-beach.org/government/departments/public _ art/programs/public _ art_in _city _ hall.html p~~~ 2 of3 @ ~ 11/6/2008 City of Boynton Beach - Public Art in City Hall Page 3 of3 Some of the artwork is on loan and others were purchased through a call to artists and selected by a committee. As the artwork increases in value and is sold, the collection will contribute to the funds dedicated to the Art in Public Places program. !3usines5 !:.om:n,vnltv GOV0r'':1ment Onlir:Q 5e~"ice5 OeDartment" (it\! Conta,ct, Copyright !C1 2006, Citv of Boynton Beach Terms [it Condition~ Wf'bGen :3,12 Powered by Revlze fmm Revlze LLC !lttlY; ..vw hovnton-oeach.org/governmentidepartments/pubhc art/r, ,Jams/public a.rl In elt\ l1all.html . ~qm ~ City of Boynton Beach - Public Art in City Hall Business Community Government Online Services Departments WELCOME HQm~ > Government > D~9rtmeotS > Publl~_Art > I'roq@m.s > Public Art in City Hall Quick links P~P I Search City Contacts Public Art in City Hall If you are interested in any of the artwork or artists below, contact the e.ublk_AttAdmtnistrator. Artists Arts Commission Ca II to Artist Developers Events/PR Exhibits Public Art Administrator "SeaJiazer" Betty Laur ~. ~... ~ "Boynton Train QeJlot" Daniel Neumann "Lifeguard StatiorUlt Sunset" Stan Sternbach . w. "Surrendered, Confetti.. Rainstorm" David Taylor "~the Bgyntol} Inlet" Ralph Papa "Pop Music" "CarouseUJ" Rick Beau lieu Harry Kline . V'" "S~quare...-CiKl~ Triangle Relatioosllip" Tom Brewitz II "Opus 14 Sea Turtle" Rick Beau Lieu "Muraled base" (Opus 14 Sea Turtle) Halena Wolf http://www.boynton-beach.org/governmentldepartments/public _ artJprograms/public _art_in _city _hall.html 11/6/2008 Page Artist: Richard Beau Lieu Boynton Be,ch . Studio Opus 14 Sea TunJe 54"L x 46" w x 14" h Welded steel finished to bronze ~na In 1990, this sculpture was part of the Center for Marine ConservaUon, Washington D.C. Summer tour. In 1"5. it was part of a fundral.'ng event for The SChoolhouse Children's Museum and has since been on loan to the City of Boynton Beach. S 38.000.00 http://www. boynton-beach.org/government/departments/public ~_ art/programs/ docs/Opus _ 1 ... 11/6/2008 @) Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida October 14, 2008 Vice Chair Rodriguez requested in the future that the City be engaged in the items so they would get information from both sides. B. Consideration of Adopting Economic Development Plan for CRA/City Chair Taylor explained this was an item recommended by the American Assembly. If they were to approve it, the item would be adopted but they would not move forward with hiring anyone to implement the plan. It would be a discussion item with the CRA, the City and the Chamber of Commerce. Ms. Ross thought the plan was an excellent idea. She pointed out Ms. Bright, as the Executive Director of the CRA, was appointed to the Board of Palm Beach County Overall Economic Program Committee and was appointed by the Palm Beach County Commission. The appointment occurred in May. Ms. Bright explained the plan was beneficial to the CRA, specifically for all the Marina Villages as well as it being another tier of the Business Development Board. She explained Scott Kline did an excellent job working through the Chamber and working with Mark Karageorge and his committee from the Boynton Assembly. Staff also worked with City staff. Vice Chair Rodriguez inquired about Item 2 regarding the liquor license. Scott Kline was present and explained when he was putting together the plan, he was not aware of the time to utilize the liquor license by June of next year. That was the only change. Vice Chair Rodriguez wanted more time to review the document and he offered a motion to table the item. Ms. Bright explained they met with the Assistant City Manager and Hanna Matras, Economic Development Planner, about who would do this. They wanted to issue quarterly reports. This was a temporary measure until the budget, when a decision could be made who would fund a full time position. Mr. Kline explained there were ways to measure progress which were being developed. Motion Ms. Ross moved to adopt the Economic Development Plan. Mr. Hay seconded the motion that unanimously passed. C. Consideration of Recommending to City Commission to Allocate Funds to the MLK Corridor and Ocean Breeze Projects 34 Dade Counties. To the north, firms still needing access to the northern municipalities and to the northern portion of the state would be ideally situated in the Boynton Beach CRA, located just off of 1-95 and minutes away from Palm Beach International Airport. The CRA has a unique opportunity with its undeveloped and underdeveloped land near the intracoastal to capture a larger share of the office market. Implementation Implementation is a key component to economic development. A marketing campaign will need to be conducted to successfully reach new businesses and developers interested in building, expanding, or relocating to the area. A business relocation package consisting of economic data and other relevant information about the area, including available incentives should be created and made available that expand upon the opportunities outlined in this plan and the City's Economic Development Atlas. Incentives that focus on accessing capital, residential development, industrial development, and the development of office space should be maintained and/or created in such a way to set the Boynton Beach CRA apart from other coastal communities and other similar redeveloping areas. Staff will need to also actively network with professional peers and maintain involvement with professional organizations to promote the area. Organizations that should be included, but are not limited to the Business Development Board, the World Trade Center Organization, the Palm Beach County Economic Development Office, the International Council of Shopping Centers, and the Chamber of Commerce of Boynton Beach. In addition, regular contact with commercial brokers will be needed. To also assist existing businesses within the CRA, a new web page should be created listing the existing businesses, available job opportunities within the CRA, available job training opportunities, and commercial space available. Targeted businesses should include businesses that rely upon business to business services seeking office space and industrial space. As previously mentioned, business such as jet ski rentals & kayaking should be recruited for retail space within the marina. Technical Assistance A full-time professional staff person or a consultant should be added in FY 08 - 09 to assist in carrying out the Economic Development Plan, including providing the needed technical assistance to new and existing businesses, commercial brokers, and developers. Technical assistance will need to be provided to businesses interested in accessing not only the CRA's incentive programs, but other incentives such as the Brownfield program, Palm Beach County CDBG Economic Development Set-Aside grants, etc.. Initial efforts should focus on the redevelopment of the CRA, but could be expanded to encompass the entire City in the future. An intern should be budgeted for to assist with economic development activities. 24 I P age From: jreguez@aol.com [mailto:jreguez@aol.com] Sent: Friday, November 07,20086:00 PM To: Bright, Lisa; Bressner, Kurt; Erika Pesentes Cc: Taylor, J~rry; Hay, Woodrow; Ross, Marlene; Weiland, Ronald; Jcherof@cityatty.com; Coles-Do bay, Debby; LaVerriere, i; Segal, Wayne; Lejeune, Carisse; FIVEREADY@aol.com _..abject: Re: Art in Public Places @ The fact remains that this was not approved by the board, nor did anyone have knowledge of it. Bottom Line the CRA does not have an approved program. As we all know the Art In Public Places project is administered by the Arts Comm. clearly evidenced by the recent dumpster painting project funded by the CRA. The CRA web site was recently re-done, adding the nice pictures and staff posing which includes the link to the sales page. All this at Boynton Beach taxpayer expense. We recently approved all funding and projects for 08/09, this was clearly not one of them. Its interesting that one of the Executives Directors best friends and the Marketing Directors sister is the one that gets to have pictures of her painting and a sales page link through the CRA's web site. These personal relationships indicate a clear conflict of interest for an unapproved project. Our previous CRA Director was terminated for having a similar situation. I'm sure many local artist like the ones that painted the dumpster's would have loved to have a sales page on our web site, had the board decided to sell art online. Jose -----Original Message----- From: Bright, Lisa <BrightL@ci.boynton-beach.fl.us> "'"',: Bressner, Kurt <BressnerK@ci.boynton-beach.fl.us>; Erika Pesentes <EPesantes@sun-sentine1.com> ...: Taylor, Jerry <TaylorJ@ci.boynton-beach.fl.us>;jreguez@ao1.com; Hay, Woodrow <hayw@ci.boynton- beach.fl.us>; Ross, Marlene <RossM@ci.boynton-beach.fl.us>; Weiland, Ronald <WeilandR@ci.boynton- beach.fl.us>; Jcherof@cityatty.com; Coles-Dobay, Debby <DobayD@ci.boynton-beach.fl.us>; LaVerriere, Lori <LaverriereL@ci.boynton-beach.fl.us>; Segal, Wayne <SegalW@ci.boynton-beach.fl.us>; Lejeune, Carisse <LeJ euneC@ci.boynton-beach.fl.us>; FIVEREADY@ao1.com Sent: Fri, 7 Nov 20088:15 am Subject: Re: Art in Public Places Kurt, Erika was interested in knowing if CRA staff had ever sold art directly from the office on staff time. That has never been the case nor are there any prices on the art at the CRA offices so we could not possibly offer the public assistance with questions. We also discussed the CRA's ongoing relationship with the City's public art program as evidenced by our 2007 and 2008 Heritage Fest art shows for local artists. As far as Avenue of the Arts, you may recall it was CRA staff who originally worked with the Public Arts Administrator to bring the program forward to the CRA Board. The CRA Board approved the Ocean Ave project in the amount of 40,000 to be ready for our 2007 Marina Summer Art Fest. Subsequently, the City Commission determined the Ave of the Arts was something they would a fund instead of the CRA. Quite simply had the City Commission not made that decision to fund the Ave of the Arts Project, those art pieces would be on the CRA's web site for sale and involving CRA staff time. Erika contacted me and my intent was to provide the media background on the CRA's role with the Arts and our ongoing efforts to support "'11blic/private partnerships not only for construction development but economic development as well. The Public Art page clearly .nonstrates the synergy of that type of partnership and the benefits gained publicly and privately from leveraging resources. Lisa Sent from my BlackBerry Wireless Handheld (:w...W}Y,IU~QkB_~rry&e:j:) -----Original Message----- From: Segal, Wayne Sent: Tuesday, November 18, 2008 10:28 PM ,QP To. PIO Team Subject: Website Advertising Following a conversation I had with Lori about website advertising, I told her I would put the question out to the Florida Government Communicators Association and see what came back. Some rather interesting responses. This from Miami Beach: Are you a dot.gov or fl.us website (an URL issued and approved by the federal govt)? If so, you are prohibited to accept advertising on your website. (We're an org. Hooray!)There are new federal guidelines that your web folks should be aware of. The guidelines also prohibit from linking to commercial websites without disclaimers and re-directs in place. It is very strict. And this from Charlotte County: We considered web advertising, but found it had two drawbacks. Our attorney said that we had to accept every ad, we could not discriminate. So bars and pole dancers were a concern. Also, one of our largest industries is construction and they do a lot of advertising. Our population is largely retirees and we have to be vigilant about rip-offs. We could not refuse ads just because a builder had a bad reputation or was scheduled to appear in front of the Licensing Board. This could lead to problems because the elderly automatically assumed a company was safe if they advertised in a County publication or at an event. Our attorney was concerned about the ramifications, so we chose not to pursue advertising on the website, on our government TV channel or in our publications. However, as we face more and more budget cuts, I'm sure it is going to be brought up again, especially since we have three new commissioners. The cities of Lakeland and Clearwater don't accept advertising but sent their online a rtisingjsponsorship and external linking policies (attached). The City of Palmetto Bay has a, ~greement with CGI Communications, which is the company that's doing the video for our website. The person in Palmetto Bay said the City of South Miami Beach has a similar agreement. The following DO NOT accept advertising: Tamarac Weston Highlands County Kissimmee St. Lucie County Clerk of Courts Sarasota County Ocala Cape Coral Pinellas County Clearwater Plantation I'll pass on any other responses that I receive. It should make for an interesting discussion for us. I tend to agree with the person from Charlotte County that this is going to come up in light of budget cuts. @ New Palm Beach County clerk site 'like Google meets YouTube' ByJENNWERSORENTRUE Palm Beach Post Staff Writer Wednesday, December 03,2008 WEST PALM BEACH - Palm Beach County Clerk and Comptroller Sharon Bock says it's like "Google meets Y ouTube." This week, her office unveiled a new feature on its Web site that makes it easier for people to find out what happened at county meetings. The tool lets people search the minutes of county commission meetings and read about what happened. At the same time, they can watch video of the commissioners discussing the item. Minutes of other types of county meetings are also available, including planning and . . zomng seSSIOns. Waming: Some Macintosh users may have trouble using the site, which requires Windows Media and Microsoft Internet Explorer software. The free site, called "myMinutes," also allows residents to view and print backup documents submitted for the meetings. The clerk's Web site is www.mypalmbeachclerk.com or www.pbcountyclerk.com. A local ordinance is a law usually found in a municipal code. [edit] United States In the United States, these laws are enforced locally in addition to state law and federal law MINUTES OF THE CITY COMMISSION MEETING HELD IN THE COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA, ON WEDNESDAY, NOVEMBER 21,2006, AT 6:30 P.M. Present: Jerry Taylor, Mayor Carl McKoy, Vice Mayor Bob Ensler, Commissioner Mack McCray, Commissioner Jose Rodriguez, Commissioner Kurt Bressner, City Manager James Cherof, City Attorney Janet Prainito, City Clerk I, OPENINGS: A. Call to Order - Mayor Jerry Taylor B. Invocation by Rev. Dr. Marshall Cook, Boynton Beach Congregational Church C. Pledge of Allegiance to the Flag led by Commissioner Mack McCray Mayor Taylor called the meeting to order at 6:30 p.m. Reverend Dr. Cook gave the invocation. Commissioner McCray led the Pledge of Allegiance to the Flag. . Administration of Oath of Office to Mayor . Selection of Vice Mayor per Section 2-1.2 of City Code · Administration of Oath of Office to Vice Mayor City Clerk Prainito administered the oath of office to Mayor Jerry Taylor. Mayor Taylor thanked God, his family, the Fire and Police Departments and all the citizens of Boynton Beach who supported his campaign and assisted in his re-election. He asserted he would do his best to live up to the expectations of the citizens. Mayor Taylor opened the floor for nominations for Vice Mayor. Commissioner McCray nominated Commissioner Bob Ensler. Vice Mayor McKoy seconded the nomination. There were no other nominations. Mayor Taylor declared Bob Ensler as Vice Mayor by unanimous consent. City Clerk Prainito administered the oath of office to Vice Mayor Bob Ensler. D. Agenda Approval: 1. Additions, Deletions, Corrections Vice Mayor Ensler asked that item XII.6.1 relating to modification of the rules for boards and recusal, be moved forward on the agenda. There being no objection, Mayor Taylor indicated the item would be moved forward and heard after VI. Consent Agenda items. Minutes Regular City Commission Boynton Beach, FL November 21, 2006 I. Approve the release of a Letter of Credit (#3056164 issued by Bank of America) in the amount of $25,047 posted by Centex Homes in connection with The Harbors development. J. Authorize the use of $500 of Mayor Taylor's Community Investment Funds for the Dancer's Alchemy, Inc to provide funding for upcoming state competitions. Motion Commissioner McKoy moved to approve all consent agenda items not pulled for discussion. Commissioner McCray seconded the motion. The motion passed unanimously: VI.CA. a. Approve a piggyback of the Florida State Contract #420-590-02-1 with R. George and Associates, Inc. for the design, purchase and installation of shelving, furniture and computer lab accessories for the Boynton Beach City Library. The estimated expenditure is approximately $997,971.81. Vice Mayor Ensler explained he would vote against the furniture for the Library because a competitive bidding process was not utilized. Commissioner McCray noted staff had researched the issue and felt the Florida State contract was the best pricing. Motion Commissioner McCray moved to approve item VI.CA.a. Commissioner McKoy seconded the motion. The motion passed 4-1. (Vice Mayor Ensler dissenting) (This item was moved forward in the agenda) XII.B.l. Proposed Ordinance No. 06-085 RE: Amending Chapter 2 of the City of Boynton Beach Code of Ordinances, creating Article XV, entitled "Voting by Board Members" providing for abstention from voting by board members with conflicts of interest and disclosure of conflicts of interest by board members. Vice Mayor Ensler pointed out the changes would toughen the voting requirements for all boards to avoid any abuse of authority. He explained if a conflict exists the sitting board member could step down from the discussion and an alternate could be utilized. This would send a clear message that the City of Boynton Beach will not tolerate any abuse of authority. Commissioner McCray commented in light of recent events on the county level, he was now in favor of the change. Attorney Cherof read Proposed Ordinance No. 06-085 by title only. He pointed out the amendment to the ordinance relating to relationships with real estate brokers. Motion Commissioner McCray moved to approve Proposed Ordinance No. 06-085. Vice Mayor Ensler seconded the motion. The motion passed unanimously. 7 Minutes Regular City Commission Boynton Beach, FL November 21, 2006 Motion Commissioner McCray moved to also approve the amendment. Vice Mayor Ensler seconded the motion. The motion passed unanimously. ~ City Clerk Prainito called the roll. The motions passed 5-0. VII. CODE COMPUANCE a. LEGAL SETTLEMENTS: None VIII. PUBLIC HEARING: 7:00 P.M. OR AS SOON THEREAFTER AS THE AGENDA PERMITS The City Commission will conduct these public hearings in its dual capacity as Local Planning Agency and City Commission. Attorney Cherof administered an oath to all those intending to testify on any of the publiC hearings. A. Approve a Special Warranty Deed conveying title to Carrie Lee Lyons for Lot 162, Block B, the Plat of Boynton Hills, as recorded in Plat Book 4, Page 51, according to the Public Records of Palm Beach County, FL. (Proposed Resolution No. R06- 200) Mayor Taylor opened the matter for public hearing. No one came forward. Mayor Taylor closed the public hearing. Motion Commissioner McCray moved to approve Proposed Resolution No. R06-200. Vice Mayor Ensler seconded the motion. The motion passed unanimously. B. Approve a Special Warranty Deed conveying title to Andrae Robinson for Lot 160, Block B, the Plat of Boynton Hills, as recorded in Plat Book 4, Page 51 according to the Public Records of Palm Beach County, FL. (Proposed Resolution No. R06- 20:1) Mayor Taylor opened the matter for public hearing. No one came forward. Mayor Taylor closed the public hearing. Motion Commissioner McCray moved to approve Proposed Resolution No. R06-201. Commissioner McKoy seconded the motion. The motion passed unanimously. Mr. Bressner noted both deeds represented sales for affordable housing units. Motion Commissioner McCray moved to remove items VIII.C. and VIII.D. from the table. Commissioner McKoy seconded the motion. The motion passed unanimously. 8 II 1 ORDINANCE NO. 06- 085' 2 3 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, 4 FLORIDA AMENDING CHAPTER 2 OF THE CITY OF 5 BOYNTON BEACH CODE OF ORDINANCES, CREATING 6 ARTICLE XV, ENTITLED "VOTING BY BOARD MEMBERS", 7 PROVIDING FOR SHORT TITLE; PROVIDING FOR INTENT 8 AND PURPOSE; PROVIDING FOR APPLICABIl~ITY; 9 PROVIDING FOR DEFINITIONS; PROVIDING FOR 10 ABSTENTION FROM VOTING BY BOARD MEMBERS WITH 11 CONFLICTS OR INTEREST; PROVIDING FOR DISCLOSURE 12 OF CONFLICTS OF INTERESTS BY BOARD MEMBERS; 13 PROVIDING FOR ENFORCEMENT; PROVIDING FOR 14 CODIFICATION; PROVIDING FOR CONFLICTS; 15 PROVIDING FOR SEVERABILITY; AND PROVIDING FOR 16 AN EFFECTIVE DATE. 17 18 WHEREAS, Florida Statutes requires that all state and local public officers cornplywith the ] 9 Code of Ethics promulgated by Chapter 112.311, et seq., Florida Statutes; and 20 WHEREAS, the Code of Ethics promulgated by the state statutes sets forth requirements for 21 local public officers' disclosure of interests and abstention from voting; and 22 WHEREAS, the City Commission ofthe City of Boynton Beach ("City") desires to impose 23 requirements above and beyond those imposed by the state statutes; and 24 WHEREAS, the City Commission has determined that in order to strengthen the confidence 25 fthe City's citizens in the integrity of the City's official bodies, and to foster confidence in the 26 decisions of the City's decision-making, it would be in the best interest of the City to impose more 27 tringent voting and disclosure requirements on the City's board members, including the City CODING: Words in strike thr-oHgb type are deletion from existing law; Words in underscored type are additions. Page 1 S:\CA \Ordinances\Stricter Voting Requirements 110606.doc " Commission; and 2 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE 3 CITY OF BOYNTON BEACH, FLORIDA, THAT: 4 Section 1. The foregoing "WHEREAS" clauses are hereby certified as being true and 5 correct and are incorporated herein by this reference. 6 Section 2. Chapter 2 of the Code of Ordinances of the City of Boynton Beach, Florida, is 7 hereby amended to create a new article, Article XV, entitled "Voting by Board Members," to read as 8 follows: 9 ARTICLE XV. VOTING BY BOARD MEMBERS. 10 11 12 13 Sec. 2-200 Short Title. This article shall be known and cited as the "City of Boynton Beach's Voting Requirements by Board Members Provision". 14 15 16 17 18 19 20 21 22 Sec. 2-201 Intent and Purpose. It is the intent and purpose ofthis article to strengthen the confidence of the City's citizens in the integrity of the City's public officials by ensuring that the City's officials discharge their public duties independent of their personal interests. This article is further intended to ensure that City officials do not participate in any decision in which his or her decision would be influenced or materially affected by interests which would influence a reasonable person in his or her decision. 23 24 25 Sec. 2-202 Applicability . CODING: Words in strike throl::lgR type are deletion from existing law; Words in underscored type are additions. Page 2 S:\CA\Ordinances\StriCler Voting Requirements 1 J0606.doc " 1 2 3 4 5 6 7 8 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 3S 36 This subsection shall apply to all City Boards, including the City Commission and all City advisory boards of the City of Boynton Beach. This article is intended to supplement state law provisions governing voting and disclosure requirements of state and local government officials. Nothing in this article shall be interpreted as conflicting with Section 112.311 et seq., Florida Statutes, as it applies to the City's public officers. Sec. 2-203 Definitions. "Board Member" shall refer to any member of any ofthe City's boards including the City Commission. the Community Redevelopment Agency. and the City's advisory boards. "Agent tI shall mean a person who is authorized to act for or in the place of a principal. "Business Associate" shall refer to anyone with whom the board member shares in a business enterprise. "Conflict" or "Conflict of Interest .. shall mean any situation where the board member must balance his or her private interest with their official duties. "Do Business" or "Done Business" shall mean to participate or to have participated in the past, in the solicitation, negotiation, or execution of any business transaction as a principal or agent. "Gift" the term gift shall have the same meaning as set forth in Florida Statute Section 112.312 and shall include anything conferred upon a board member for their gain, directly or indirectly, for their private gain, by another, for which the board member did not tender consideration, financial, in kind, or otherwise, including but not limited to, any real property, tangible or intangible personal property, services, preferential treatment, discounted rate (s), information not disclosed to the public, or forgiveness of any indebtedness. "Indirect" shall refer to the method in which a benefit is not directly conferred upon the board member. This shall include, but not be limited to, instances where the board member receives a benefit accepted by another party on the board member's behalf; the board member receives a benefit from a person whose interest may be affected by the issue CODING: Words in strike thr~ugh type are deletion from existing law; Words in underscored type are additions. Page 3 S:\CA\Ordinances\Stricter Voting Requirements 110606.doc II 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 ]9 20 21 22 23 24 2S 26 27 28 29 30 31 32 33 34 35 36 on which the board member may or will vote through a third-party; or, the board member's relative, business associate, or employee receives a benefit. "[nterest" shall mean anything which may positively or negatively affect the board member's pecuniary interest, liberty, status or recognition in his or her private capacity, or his or her commitment in his or her private capacity to others. "Person" shall mean a natural person, or his agent, or an entity (legally recognized or not) or its principal, agents, or employees. "Relative" shall have the same meaning as dermed in Florida Statute Section 112.3143. to wit: any father, mother. son. daughter. husband. wife. brother. sister. father in law. mother in law. son in law. or daughter in law; and grandparents or grandchild(ren). Set:. 2-204 Abstention From Voting. (a) In addition to the provisions set forth in section 112.3143, F.S., a board member is deemed to have a conflict of interest and shall not be allowed to vote upon or advocate for or against, any decision, ruling, or official act where: (1) the board member, their relative, agent, employee (s), employer, or business associate has any interest, direct or indirect, in the issue upon which the board member will vote. (2) the board member or the board member's spouse works for a business which will benefit from the issue upon which the board member will vote. Q) the board member is a real estate broker or real estate agent and has provided orofessional services for compensation in a transaction involving all or part of the real property which is the subject of the board's review. (b) A Board member who is prohibited from voting must leave the dias following disclosure oftheir conflict and shall not return until completion of the vote on that matter. A board member who steps down shall be replaced with an alternate board member. if one is present. for the agenda item. CODING: Words in strike tbr0\:lgh type are deletion from existing law; Words in underscored type are additions. Page 4 S,\CAIOrdinances\Stricter Voting Requirements lI0606.doc 1 2 3 4 5 6 7 8 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 1/ Sec. 2-205 Disclosure of ConDict Interest. (a) Ifthere is, or there appears to be a conflict of interest under the provisions of this article or Section 112.313, F.S., the board member, prior to the commencement of a meetin~ a vote by the board on lHl issue which contains an agenda item in which a board member has a conflict, must disclose the conflict to the board by preparing a memoraf1dum explaiRing the a votin~ conflict form and submitting it to the City Clerk. or in the Clerk's absence. the person who keeps the minutes of the meeting. The notiee aEthe oonfliet m'HSt be plaeed OR the ageRda of the eOaFd meeting at whieh the vote is to take ]3laee, aRd When the agenda item is reached. the board member must orally disclose the conflict and the nature of the conflict on the record at the meeting. step down from the proceeding and be replaced. for that agenda item. by an alternate member of the board.. (b) In the event that written disclosure has not been made prior to the meeting, the disclosure shall be made orally at the meeting when it becomes known that a conflict exists. Within 5 days after the oral disclosure, a written memorandum disclosing the conflict and the nature of the conflict shall be filed with the person responsible for recording the minutes of the board meetings and incorporated into the minutes of the meeting at which the oral disclosure was made. The memorandum shall become a public record, shall immediately be provided to the other members of the board, and shall be read publicly at the next meeting. ( c) In the event that a board member has participated in a vote on an issue which the board member has a conflict and is later informed of the conflict, the board member, must, immediately upon notice, inform the other board members by providing notice through the City Clerk in the same manner as set forth above memorandum of this confliElt and disclose the conflict orally at the next meeting where the board member shall orally explain the conflict and why the board member was not on notice of the conflict prior to the participating in the vote. The remaining board members must then determine whether the conflict is sufficient enough to have influenced the conflicting board member's vote and by a majority vote, decide whether to recall the decision upon which the conflicting member voted. CODING: Words in strike thre\lgR type are deletion from existing law; Words in underscored type are additions. Page 5 S:\CA\Ordinances\Stricter Voting Requirements I I 0606. doc II , I 1 2 3 4 5 6 7 Sec. 2-206. Enforcement. Any appointed board member who violates any of the provisions of this article may be removed from the board on which the member serves by majority vote of the City Commission. Any elected public officer who violates this article shall also be subject to censure by a majority vote of the remaining board members. 8 ~ection 3. It is the intention of the City Commission of the City of Boynton Beach that 9 the provisions ofthis Ordinance shall become codified and be made a part ofthe Code of Ordinances 10 of the City of Boynton Beach, Florida. The sections of this ordinance may be renumbered, 11 re~lettered and the word "Ordinance" may be changed to "Section", "Article" or such other word or 12 phrase in order to accomplish such intention. 13 Section 4. All Ordinances or parts of Ordinances, Resolutions or parts of Resolutions in 14 conflict herewith be and the same are hereby repealed to the extent of such conflict. 15 Section 5. If any clause, section, or other part or application of this Ordinance shall be 16 held by any court of competent jurisdiction to be unconstitutional or invalid, such unconstitutional or 17 invalid part or application shall be considered as eliminated and so not affecting the validity of the 18 remaining portions or applications remaining in full force and effect. 19 Section 6. This Ordinance shall become effective upon its passage and adoption by the City 20 Commission. CODING: Words in strike throagh type are deletion from existing law; Words in underscored type are additions. Page 6 S'ICAIOrdinanceslStricter Voting Requirements 11(}606.doc II , I 1 2 FIRST READING this 11__ day of November ,2006. 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 SECOND, FINAL READING and PASSAGE this AtL day of No vember- ,2006. CITY OF BOYNTON BEACH. FLORIDA ...~, ~ . ::/.? ( ~--cotnm,ione ~, /-- Commissioner _.-,.~/;:~' ATTEST: Yn.~ (. /:~~;:'~i~:r{:.'" ,,~, , i.,. ,,;~;':~'\~<\ ; -,. \: '-.( ',9.;--:-; "', ~ "". . " : " .,. , .' "" .;' .,..'.J~~~ING: Words in strike through type are deletion from existing law; Words in underscored type are additions. Page 7 S:\CAIOrdinances\Stricter Voting Requirements 110606.doc Meeting Minutes Regular City Commission Boynton Beach, FL May 20, 2008 Motion Commissioner Weiland moved to approve the Community Design Plan appeal.. Mr. Hay seconded the motion. Mayor Taylor opened the public hearing. No one coming forward, the public hearing was closed. ~ The motion passed unanimously. 947 Isles Road (ZNCV 08-003) Jose Rodriguez Jose Rodriguez 947 Isles Road Request for relief from the City of Boynton Beach Land Development Regulations, Chapter 2, Zoning, Section 5.C.2.a., requiring a minimum front yard setback of 25 feet, to allow a variance of 11 feet and a front yard setback of 14 feet for a proposed addition to a single-family residence within the R-l-AA Single-family Residential Zoning District. Attorney Cherof administered the oath to all who would be testifying. C Project: Agent: Owner: Location: Description: Attorney Cherof noted Vice Mayor Rodriguez was the applicant and had complied with Florida Statute 112 by timely filing a Conflict of Interest form with the City Clerk. The disclosure indicated as he was the property owner, action on the item could inure to his special private gain or loss. He was not permitted to participate in the discussion, but was permitted to speak in support of his application. Kathleen Zeitler, Planner, advised the property consisted of a three-bedroom, three-bath house and complied with all the requirements. The applicant wished to construct an additional bedroom closer to the property line. Staff reviewed the requested variance, focusing on the criteria the Code required for a variance to be granted as well as the applicant's response to the criteria. Staff found no basis of a hardship or special conditions or circumstances and recommended denial of the applicant's request. However, staff was supportive of residential redevelopment and recognized that previous variance requests had been reviewed by the City using more than the traditional criteria. In its report, staff pointed out several issues that would mitigate the addition to the property. The properties across the street to the south were actually backing up to, rather than fronting, Isles Road, and would not be affected by the bedroom addition to the front. Additionally, the property was situated in such a manner that the garage would be adjacent to the bedroom addition, minimizing any potential impact to the living environment of the abutting residence. There were six additional points set forth in staff's report for the Commission's consideration in making a decision, and a copy of the report is on file in the City Clerk's office. 13 Meeting Minutes Regular City Commission Boynton Beach, FL May 20, 2008 Vice Mayor Rodriguez, speakin91 as the applicant, suggested his comments made at the Planning and Development Board meeting (included in the packet) be considered, along with the unanimous decision of the Planning and Development Board to support his application. Commissioner Weiland suggested In the near future redefining the term "hardship," which had presented obstacles to applicants. He noted his support for the project. Commissioner Hay advised he attended the Planning and Development Board at the time this item was discussed. One of the members of the Planning and Development Board residing in the area had no objection to the project, nor did the neighbors. He concurred with Commissioner Weiland and believed the project should move forward, despite staffs recommendation to deny the request. Attorney Cherof concurred with staffs analysis of the matter based on the criteria in the Code and explained the process for dealing with the definition and standard for a hardship was through a Code amendment and not through the granting of variances. This issue would continue to occur, and Mr. Cherof suggested he and staff review and redraft the section of the Code If directed to by the Commission. Mayor Taylor noted the issue could be addressed at another time. Mayor Taylor opened the public hearing. No one having come forward, the public hearing was closed. Motion Commissioner Ross moved to aplDrove the request for relief from the Boynton Beach Land Development Regulations. Mr. Hay seconded the motion. The motion passed unanimously. D. Project: Agent: Owner: Location: Description: Boynton Vistas II (MSPM 07-004) Jeff Wolff, Wolff & Company, Inc. Wolff & Company, Inc. 420 NW 17th Avenue . Request for Major Site Plan Modification approval to allow construction of 7 additional multi-family residential apartment units in two, I-story buildings and a 1,000 square foot rental office on a 1.76-acre site zoned R-3, Multi-family Residential. Attorney Cherof administered the oath to all who would be testifying. Kathleen Zeitler, Planner, noted there was an existing two-story apartment building with eight units and a one-story apartment building with four units. The proposed project would consist of a one-story building with four units and a one-story building with three units and one office. Building "A" would contain four dwelling units, and Building "B" would contain three dwelling units and the office. The minimum living area for multi-family was 750 square feet. The applicant would exceed that by having a 1,000 square foot unit. The project was proposed at the maximum density of 10.8 dwelling units per acre in order that the proposed rental office space could not be converted to an additional dwelling unit in the future. Staff reviewed the site plan and determined the project met the recommended conditions of approval and 14 1 RESOLUTION 08- 2 3 A RESOLUTION OF THE BOYNTON BEACH 4 COMMUNITY REDEVELOPMENT AGENCY 5 RECOMMENDING TO THE CITY COMMISSION OF 6 THE CITY OF BOYNTON BEACH FLORIDA THAT THE 7 COMMUNITY REDEVELOPMENT PLAN BE AMENDED 8 TO INCORPORATE THE DOWNTOWN MASTER PLAN 9 AND COMPONENTS THEREOF REGARDING 10 COMMUNITY POLICING INNOVATION PROGRAM 11 AND FUNDING PROGRAMS FOR INFRASTRUCTURE 12 IMPROVEMENTS OR UPGRADES NECESSARY TO 13 IMPLEMENT THE GOALS AND OBJECTIVES OF THE 14 COMMUNITY REDEVELOPMENT PLAN WHICH 15 INCLUDE GREATER DENSITY AND ENHANCED 16 PUBLIC SPACE; AND PROVIDING AN EFFECTIVE 17 DATE. 18 19 WHEREAS, Florida Statute 163.361 provides for amendment or modification of 20 a Community Redevelopment Plan; and 21 WHEREAS, the Community Redevelopment Agency Board has reviewed and 22 conducted a public hearing regarding the Downtown Master Plan and the Community 23 Policing Innovation Program and funding programs for infrastructure improvements or 24 upgrades elements I thereof; 25 WHEREAS, the Community Redevelopment Agency finds that the amendment 26 of the Community Redevelopment Plan will advance the intent, purpose, and goals of the 27 Community Redevelopment Agency as contemplated by the Community Redevelopment 28 Act of 1969. 29 NOW, THEREFORE, BE IT RESOLVED BY THE BOYNTON BEACH 30 REDEVELOPMENT AGENCY, THAT: I Example: expenditures for upgrades and improvements to the City's 4th Street Improvement Project. Section 1. The foregoing "Whereas" clauses are hereby ratified and 2 confirmed as being true and correct and are hereby made a specific part of this Resolution 3 upon adoption. 4 Section 2. The Community Redevelopment Agency recommends an 5 amendment of the Community Redevelopment Plan to incorporate the Downtown Master 6 Plan, and the Community Policing Innovation Program and funding programs for 7 infrastructure improvements or upgrades elements contained therein. 8 Section 3. The Community Redevelopment Agency specifically recommends 9 that the Community Redevelopment Plan be amended by the City Commission to 10 incorporate the following language related to Community Policing Innovation Program 11 and funding programs for infrastructure improvements or upgrades: 12 Community Policing Innovation Pro~ram 13 14 The CRA'S Community Policing Innovation Program shall endeavor to 15 reduce crime by reducing opportunities for, and increasing the perceived 16 risk of engaging, in, criminal activity through visible presence of police in 17 the community, including, but not limited to, community mobilization, 18 neighborhood block watch, citizen contact patrol, foot patrol, field 19 interrogation, or intensified motorized patrol. 20 21 Police officers of the Program shall collect and analyze data on crimes 22 within the CRA and provide the Agency with reports showing year-to-date 23 crime figures. Officers shall undertake actions that will be designed to 24 reduce the numbers and types of crime occurring in the CRA district. 25 26 Officers in the Program shall interact with business owners, property 27 owners and residents of the CRA to determine their public safety 28 concerns. Officers shall have a presence at CRA events and shall attend 29 community meetings to inform residents of the Program. Officers shall 30 monitor the CRA'S trolley for any issues. 31 32 Officers shall wear the CRA Program uniform when on duty. 33 34 Particular attention shall be paid to quality of life crimes that directly 35 affect the desirability of living or doing business within the CRA district. RESOLUTION 08- 2 3 A RESOLUTION OF THE BOYNTON BEACH 4 COMMUNITY REDEVELOPMENT AGENCY 5 RECOMMENDING TO THE CITY COMMISSION OF 6 THE CITY OF BOYNTON BEACH FLORIDA THAT THE 7 COMMUNITY REDEVELOPMENT PLAN BE AMENDED 8 TO INCORPORATE THE DOWNTOWN MASTER PLAN 9 AND COMPONENTS THEREOF REGARDING 10 COMMUNITY POLICING INNOVATION PROGRAM 11 AND FUNDING PROGRAMS FOR INFRASTRUCTURE 12 IMPROVEMENTS OR UPGRADES NECESSARY TO 13 IMPLEMENT THE GOALS AND OBJECTIVES OF THE 14 COMMUNITY REDEVELOPMENT PLAN WHICH 15 INCLUDE GREATER DENSITY AND ENHANCED 16 PUBLIC SPACE; AND PROVIDING AN EFFECTIVE 17 DATE. 18 19 WHEREAS, Florida Statute 163.361 provides for amendment or modification of 20 a Community Redevelopment Plan; and 21 WHEREAS, the Community Redevelopment Agency Board has reviewed and 22 conducted a public hearing regarding the Downtown Master Plan and the Community 23 Policing Innovation Program and funding programs for infrastructure improvements or 24 upgrades elements 1 thereof; 25 WHEREAS, the Community Redevelopment Agency finds that the amendment 26 of the Community Redevelopment Plan will advance the intent, purpose, and goals of the 27 Community Redevelopment Agency as contemplated by the Community Redevelopment 28 Act of 1969. 29 NOW, THEREFORE, BE IT RESOLVED BY THE BOYNTON BEACH 30 REDEVELOPMENT AGENCY, THAT: I Example: expenditures for upgrades and improvements to the City's 4th Street Improvement Project. Section 1. The foregoing "Whereas" clauses are hereby ratified and 2 confirmed as being true and correct and are hereby made a specific part of this Resolution 3 upon adoption. 4 Section 2. The Community Redevelopment Agency recommends an 5 amendment of the Community Redevelopment Plan to incorporate the Downtown Master 6 Plan, and the Community Policing Innovation Program and funding programs for 7 infrastructure improvements or upgrades elements contained therein. 8 Section 3. The Community Redevelopment Agency specifically recommends 9 that the Community Redevelopment Plan be amended by the City Commission to 10 incorporate the following language related to Community Policing Innovation Program 11 and funding programs for infrastructure improvements or upgrades: 12 Community Policing Innovation Program 13 14 The CRA'S Community Policing Innovation Program shall endeavor to 15 reduce crime by reducing opportunities for, and increasing the perceived 16 risk of engaging, in, criminal activity through visible presence of police in 17 the community, including, but not limited to, community mobilization, 18 neighborhood block watch, citizen contact patrol, foot patrol, field 19 interrogation, or intensified motorized patrol. 20 21 Police officers of the Program shall collect and analyze data on crimes 22 within the CRA and provide the Agency with reports showing year-to-date 23 crime figures. Officers shall undertake actions that will be designed to 24 reduce the numbers and types of crime occurring in the CRA district. 25 26 Officers in the Program shall interact with business owners, property 27 owners and residents of the CRA to determine their public safety 28 concerns. Officers shall have a presence at CRA events and shall attend 29 community meetings to inform residents of the Program. Officers shall 30 monitor the CRA'S trolley for any issues. 31 32 Officers shall wear the CRA Program uniform when on duty. 33 34 Particular attention shall be paid to quality of life crimes that directly 35 affect the desirability of living or doing business within the CRA district. 1 2 3 4 5 6 7 8 9 10 11 12 13 The CRA shall fund the Program with TIF funds to the extent that is currently acceptable practice according to the Florida Auditor General and the recommendation of the eRA'S independent auditor. Infrastructure Upgrades The CRA shall undertake infrastructure upgrades as necessary to accommodate higher density development as proposed by the Federal Highway Corridor Plan and the Downtown Master Plan. Infrastructure shall include water and sewer lines, drainage, electrical and data systems, roadways, transit stops and sidewalks. 14 Section 4. This Resolution will be effective immediately upon passage. 15 PASSED this _ day of December, 2008. 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY Jerry Taylor - Chair 1. Taylor 1. Rodriguez R. Weiland W.Hay APPROVED AS TO PURPOSE: M. Ross By: LISA BRIGHT, Executive Director APPROVED AS TO FORM: By: JAMES A. CHEROF Board Attorney H \2007\070473 BBCRA\Reso re Downtown Master PI all doc G"P~RKI'NG .J:j, ENtERf/dNMENT ~...FOOPVENPOR5 II ARTVENDo.RS _..:~ TROLLEYlOtJTE xxx. R01.\D CLOSURES ,N w$e s .. ART IN PUBLIC .PLACES-WALKINGTOUR mRAIL ROAD TRACKS tit REST ROOMS l )) SUN SENTINEL " SUNSENTINEL.COM " SATURDAY. NOVEMBER 15,2008 " SB ransfer of Power 'i.,;,~:,.., ",' t ,,' I' .,. "J,~,WJ;" ., >." , ' ~ r:;>'i.~'~ <'Ii...' ., :, ", " , " ~'f~~ r { ~ " .'" . &\'"~t: ".." , . 'f~ ,..:JI'!o' Obama talks to Clinton, Richardson ichardson Linton By Nedra Pickler THE ASSOCIATED PRESS WASHINGTON>> President-elect Ba- rack Obama is considering primary election rivals Hillary Clinton and Bill Richardson to be his secretary of state, according to Democratic offi- cials who revealed his secret meet- ings with both ashe weighed the de- cision on folding former foes into his new administration. Obama met with Richardson on Friday in Chicago, a day after con- ferring one-on-one with Clinton at his Chicago office, said several Democratic officials. The meeting with Clinton, re- vealed to The Associated Press on Friday, excited a burst of specula- tion that Obama would transform the former first lady and his fierce campaign foe into one of his top Cabinet officials and' the nation's chief 'diplomatic voice. But where she stands in contention for the post came into question as other Demo- crats, also speaking on condition of anonymity about the private discus- sions, said Richardson was brought in as well. Obama was silent and out of sight in Chicago. New York Sen. Clinton addressed a transit conference in her home state and said emphati- cally, "I'm not going to speculate or address anything about the presi- dent-elect's incoming administra- tion, and I'm going to respect his process." Obama also is reaching out to Re- publican Sen. John McCain, hoping to make an ally of the man he de- feated for the presidency only last week. Obama meets with McCain on Monday. And he was making decisions on his presidential staff as well, naming longtime friend Valerie Jarrett as a White House senior adviser. Jarrett met Obama when she hired his wife for ajob in the Chicago mayor's of- fice years ago and has been a close confidante to the couple ever since. Richardson is the governor of New Mexico and has an extensive 'foreign policy resume. He was Presi- dent Bill Clinton's chief delegate to the United Nations and has con- ducted freelance diplomacy for the United States in such hot spots as Sudan and North Korea. Richardson also served in 'Clin- ton's Cabinet as energy secretary, and angered his former boss when. he endorsed Obama after ending his own primary campaign this year. Advisers to both McCain and Obama say they don't expect an ad- ministration post for the defeated Republican presidential nominee, but Obama's aides say he would like to have the Arizona senator partner with him on legislation they 'both have advocated, such as climate change, government reform, immi- gration and a ban on torture. ' All this fits with an idea that Oba- ma often talked about on the cam- paign trail, as he praised'the presi- dency of Abraham LinCOln as de- scribed by Doris Kearns Goodwin in her book Team of Rivals. "Lincoln basically pulled in all the people who had' been running against him into his Cabinet because whatever personal feelings there . were, the issue was: How can we get this country through this time of cri; sis?" Obamasaid at onepolnt. It's far from clear how intere'sted Clinton would be in being his secre- tary of state, She'd face a Senate confirmation he~g that would certainly probe her husband's finan- cial dealings - something the elm- tons refused to disclose in the presi- dential campaign. But remaining in the Senate may not.be Clinton's first.choic~, either, since she is a junior senator without prospects for a leadership position or committee chairmanship any time soon. . ~ I,,,IIIIIIIIIIB IllllllUlIl UI' T~ INSTRUMENT PREPARED BY: "-/;:/)\ \/ .r<;, ;' /:/ L~Appleberry, Esq. Lo~~~iatives Support tf i :.,," Cmpor~t~n 501 Se --' Avenue, 7th Floor New Yot' .New York 10018 J:..' LISC P.A. ~4-2,291-0015 (~~':':'!7 DOCUMENTili"'STAMPS CALCULATED ON THE BASIS OF THE FACE AMOUNT OF THE NOTE (AS ~-INED BELOW) ARE BEING PAID SIMULTANEOUSLY WITH THE RECORDING OF Jv10RTGAGE. ( (; ......~,...-:'-. NO INTANGIBLE T~PUE IN CONNECTION WITH THE RECORDING OF THIS MORTGAGE, IN AccOi3D~.CC.IE WITH SECTION 199.183 OF THE FLORIDA STATUTES, AS MORTGAGEE (AS D~ BELOW) IS A CORPORATION QUALIFIED AS CHARITABLE UNDER SEcnION 501 (C)(3) OF UNITED STATES INTERNAL REVENUE V ;~::" CODE. \ (')) ~o /~ U{/O. 'i:~ ., MORTG SECURITY AGREEMENT ASSIGNMENT OF L ~o--. S D RENTS AND FIXTURE FILING </)o?.. ../>), This Mort2~~cures Future Advances ~ THIS MORTGAGE, SECURITY AGREEMENT, ASSIGNMENT OF LEASES AND RENTS, AND FIXTURE Fll-lNG (this "Mortgage") given this ~ day of July, 2007, by BOYNTON BEACH FAITH BASED COMMUNITY DEVELOPMENT CORPORATION, a non- profit corporation organized under the laws of the State of Florida, with offices at 2191 N. Seacrest Blvd., Boynton Beach, Florida 33435 ("Mortgagor"), to LOCAL INITIA TNES SUPPORT CORPORATION, a not-for-profit corporation organized under the laws of the State of New York, with offices at 501 Seventh Avenue, 7th Floor, New York, New York 10018 ("Mortgagee"). CFN 20070352823 OR BK 21978 PG 1773 RECORDED 87/30/2007 09:38:46 Palm Beach County, Florida AMT G00,000.00 Dee~ Doc 2.100.00 Sha~on R. Bock.CLERK & COMPTROLLER Pgsl1773 - 1792t (20pgs) I I I I PARCEL ill NO. RECORDER'S USE WHEREAS, Mortgagor by a Promissory Note dated the date of this Mortgage (as the same may be amended, modified, extended, or renewed from time to time, the "Noten) promises to pay to the order of Mortgagee, with interest, the principal sum of SIX HUNDRED THOUSAND AND 00/1 00 DOLLARS ($600,000.00) or so much thereof as may be advanced from time to time by Mortgagee pursuant to the tenns of a Loan Agreement dated the date of this Mortgage, between Mortgagor and Mortgagee (as the sanle may be amended modified, or supplemented from time to time, the "Loan Agreement"); BBFBCDC -42291-00 IS-mortgage[ 1 ].l1a 1 c~ ~ Book21978/Page1773 Page 1 of 20 fii BOYNTON BEACH FAITH BASED COMMllNITY DEVELOPMENT CORPORA T101\ 2191 No. Seacrest Blvd. - Boynton Beach, FL 33435 - Phone 56] -752-0303 Fax 561-752-0302 November 19.2008 MS.-Vivian Brooks Assistant Director Boynton Beach eRA 915 South Federal Highway Boynton Beach. FL 33435 Dear Ms. Brooks: RE: NE 4th A venue Properties (SHEPPARD ADD L T 2, BLK 3 & SHEPPARD ADD NE Y.t OF L T 3, BLK 3) Several weeks ago we discussed the possibilit) of the CRA purchasing or assuming, if possible. the liens on the SE 4th Avenue properties owned by Boynton Beach Faith Based CDC. At that time. yuu suggested I provide you the "terms" of the existing mortgage and the outstanding balance on the loan. in order for you to determine the feasibility of such action by the CRA. Enclosed, for your review, are copies of the recorded Mortgage. Note and the most recent invoice hom LISC for quarterly interest due. The CDe is required to pay interest payments of approximately $9,000 quarterly. As we discussed during our brief conversation, the eDC has limited finances especially due to the current economic market conditions and is currently unable to afford the excessive interest payments. It is worth noting that the CRA currently owns a majority of the surrounding vacant properties and vve are confident acquisition/assumption of the referenced parcels will complement the eRA's ambitious land acquisition/banking interest for future redevelopment activities. Please note that if the CRA is not interested in purchasing/assuming the properties, the Board ot Directors has instructed me to aggressively advertise them for sale. The eDe simply can no longer afford the costs of owning the referenced properties, and we must sell or transfer them to relieve us '01' the debt. Thank you in advance for your favorable consideration. I look forward to your prompt response. ~~/l ~e~ Interim Executive Director C ,Documents And Settmgs\HP _ OwnerlMy DocumentsIKETlIRAHICORRESPONDENCE\CRA ~ VIvian Brooks "ov II 200X Doc\ NOW THIS INDENTURE WITNESSETH, that Mortgagor, in consideration of the principal sum of SIX. HUNDRED THOUSAND AND 00/100 DOLLARS ($600,000.00) evidenced by the Note, and to secure the payment thereof or so much thereof as may be advanced pursuant to th~an Agreement, with interest thereon, and all other sums due or to become due under the Note, "tl1rs~rtgage, or the Loan Agreement (the Note, this Mortgage, the Loan Agreement, and all other d~etgs given as security for or in connection with the Note, as the same may be amended, mo"~ or supplemented from time to time, are sometimes collectively referred to below as the "Lo~6cuwents"), and to secure the performance 'of all other covenants, tenns, conditions, and agreem~ifMortgagor under the Loan Documents, and intending to be legally bound, does hereby ~#er, assign, mortgage and pledge and does hereby grant, bargain, sell, convey, alien, release and~rm unto Mortgagee, its successors and assigns, and does hereby assign and grant to Mortgagee, l~cessors and assigns, a security interest in: I( J) . \'_~ "to~ '-"~ ALL T~E CERTAIN lot(s) or parcel(s) of ground in City of Boynton Beach, County of Palm Beach, State~lorida, commonly known as NE 4th Avenue, Boynton Beach, Palm Beach County, Florida, as~~}'ullY described in Exhibit "A" attached hereto and incorporated herein by this reference (individna~and collectively, the "Premises"); ((':J) ~ ':-~~~} TOGETHER ~-q Rresent and future buildings and improvements erected or to be erected thereon, as well as ~~t and future alterations, additions and improvements now or hereafter made thereto (COl1~lYeJY, the "Improvements"); and all streets, alleys, passages, easements, licenses, ways, wa~~.~W' ter courses, water rights, air rights, other rights, timber, crops, minerals, liberties, privileges, h \ . ents and the appurtenances thereunto belonging (collectively, the "Hereditaments' '...// ,<::..')) I ( (, TOGETHER WITH all prese'iif~ future reversions, remainders, incomes, rents, security deposi.ts, iss~~s, profits,. fees, paymen~~~, franchis~s, ri~ts, claims, concessio~, and operatmg pnvlleges denved from or rec~ connectIOn wIth all purposes for which the Premises and the Improvements might b~yed, whether now existing or hereafter arising (collectively, the "Rents"); TOGETHER WITH all present and future machinery, apparatus, equipment, fittings, fixtures, and articles of personal property now or hereafter located on, about, under or in the Premises or the Improvements, without regard to whether the same may be affixed to the Premises or lmprovements, at any time and from time to time and used or usable in connection with any present or future operation or occupancy of the Improvements, including but not limited to all heating, electrical, air conditioning, ventilating, lighting, laundry, incinerating and power equipment, engines, pipes, pumps, tanks, motors, conduits, switchboards, plumbing, lifting, cleaning, fire prevention, fire extinguishing, and communications apparatus, appliances, furnishings, carpeting, cabinets, partitions, ducts and compressors, and all parts and accessories therefor and all substitutions and replacements thereof, and the cash and non-cash proceeds of all the foregoing, including but not limited to the proceeds of any policy of insurance thereon (collectively, the "Building Equipment"); BBFBCDC-4229 \ -00 15-mortgage[1 ].fla 2 t~ Book21978/Page1774 Page 2 of 20 TOGETHER WITH all present and future contracts relating to the Premises, the Improvements, the Hereditaments, or the Building Equipment; all documents, contract rights, accounts, commitments, construction contracts, architectural agreements, general intangibles (i~ding, but not limited to, trademarks and trade names), instruments, notes and chattel paper 'itisi4-from or by virtue of any transaction related to the Premises, the hnprovements, or the B~&pquipment; and all other interests of every kind and character that Mortgagor now has or her~,~cquires in and to the Premises, the Improvements, the Hereditaments and the Building Equipm~ht (collectively, the "Rights"); i -, ,") ~(;'-?;--. TIr1~THER WITH all awards, decrees, proceeds and settlements made to or for the benefit of Mortgag~.x;1i}) reason of any damage to, destruction of or taking of the Premises or any part thereof or ari~ltiJl~rovements, Hereditaments, or Building Equipment, whether made by reason of the exercise oNih6'~t of eminent domain or otherwise, or by any public or private authority, tribunal, corporcM'on or other entity or by any natural person ("Damages"). ,,,,G\ (o~) All of the fdie~~iJ:1g property of whatever kind encumbered by this Mortgage and any additional property n6~.riW1ed or hereafter acquired by Mortgagor and subject to the lien of this Mortgage or intended t~~o is sometimes referred to below as the "Mortgaged Property." v'-'~,.:;} TO HA VE AND ~r,p the Mortgaged Property to Mortgagee, its successors and assigns, forever to its and thetf-9:$proper use, benefit and behoof forever. \;~;:~.) ) PROVIDED, HOWEV~~~~f Mortgagor shall promptly pay to Mortgagee the principal sum (including all additional adv~ and all other sums) payable by Mortgagor to Mortgagee under the Loan Documents, with int~) thereon, and shall perfonn or cause to be perfonned all other covenants, tenns, conditions, m'1~~~~ements contained in the Loan Documents, and shall \, ....' promptly pay all other sums secured b~.!bi}~ortgage, all without fraud or delay or deduction or abatement of anything or for any reasoi("t~s Mortgage and the estate granted by this Mortgage shall cease, tenninate and become void.:':,~~'_lC. Mortgagor covenants and warrants that Mortgagor is sole lawful owner of an indefeasible estate in fee simple in the Mortgaged Property, free from all prior liens and encumbrances, and wi]] warrant and forever defend the title thereof unto the Mortgagee against all claims whatsoever. In the event the interest of Mortgagee in the Mortgaged Property or any part of the Mortgaged Property should be endangered or should be challenged, directly or indirectly, Mortgagor authorizes Mortgagee, at Mortgagor's expense, to take all necessary and proper steps for the defense of such interest, including the employment of counsel, the prosecution or defense of litigation, and the compromise or discharge of claims made against such interest. Mortgagor further covenants and agrees with Mortgagee that, until payment of all sums secured by this Mortgage: 1. Payment of Sums Secured and Perfonnance. BBFBCDC-42291~OOI5-mortgage[] ].l1a 3 tl- /~~ Book21978/Page1775 Page 3 of 20 (a) Mortgagor shall pay when due the principal sum secured by the Mortgage with interest thereon at the times and in the manner as provided in the Note and shall pay when due all other sums secured by this Mortgage. 4- ./;~ \(~,~ (b) Mortgagor shall promptly and faithfully observe and perform all covenants, t~c~ditions, and agreements contained in this Mortgage, in the Note, and in the other Loan DO'ti~~ts. t~,~rI; ~ t,::::;:;'':) Taxes and Other Charges. ~'1 (fl.\ '~j"" " i/;::'~a) Mortgagor shall pay, prior to the time when interest or penalties commence to accrue th~""all taxes, sewer and water rents and other charges, including charges in lieu of taxes, and oth~>>s owing the State of Florida or any other governmental authority, state or local, and all tax"'-e.(, charges, and claims owing to the United States of America. Promptly after request by Mortga~Mortgagor shall produce to Mortgagee receipts or other satisfactory evidence of the payment of ~lJ...!1~ms; provided, however, if Mortgagor in good faith and by appropriate legal action shall con~~e validity or the amount of any such item, after notice to Mortgagee, and, if required by Mortgag~~l have furnished and deposited security as required by Mortgagee and furnished assurance satis~~ \to Mortgagee indenmifying it against any loss by reason of such contest, then Mortga~or sh~~~.~ required to p.ay the item or to prod~~e the requi:ed receipt~ so long as the contest: (I) opera~8.t9;,prevent collectIon and enforcement; (n) does not mterfere WIth the use, occupancy or operatio~the Mortgaged Property and the timely payment of all sums due under this Mortgage; (iii) does ~Je9~dize the lien ofthis Mortgage; (iv) is maintained and prosecuted with diligence; and (vJiif'not terminated or discontinued adversely to Mortgagor. /:~ (b) Mortgagor rep~~ts and warrants that the Premises is separately assessed and shall remain separately assessed as'~~te lots on the tax rolls for so long as the indebtedness secured by this Mortgage remains unpclfd'.-::::/;,~ ~ 3. Insurance. (a) Mortgagor shall keep the Premises, the Improvements, and the Building Equipment insured for the benefit of Mortgagee, its successors and assigns, as its interest may appear, against loss or damage by fire and other hazards including, without limitation, "all risks" (with extended coverage, vandalism and malicious mischief endorsements), upon terms and in companies satisfactory to Mortgagee, at all times in amounts required by Mortgagee and not less than the full replacement value of the Improvements and the Building Equipment. Mortgagor shall deliver all policies of insurance to the Mortgagee, each of such policies to contain noncontributory mortgagee clauses satisfactory to Mortgagee and provision for thirty (30) days' written notice to Mortgagee of cancellation or material change in coverage, and to be endorsed to name Mortgagee as mortgagee with loss payable to Mortgagee. Mortgagor shall not take out separate insurance concurrent in fonn or contributing in the event ofloss with the insurance required to be maintained under this Mortgage, unless Mortgagee is included on such insurance as mortgagee with loss payable to Mortgagee under a standard mortgagee endorsement of the character above described. Mortgagor shall immediately notify Mortgagee whenever such separate insurance is taken out and BBFBCDC-42291-00 15-mortgage[ l].ha 4 GC- ~ Book21978/Page1776 Page 4 of 20 shall promptly deliver to Mortgagee the policy of such insurance. Mortgagor shall maintain and deliver satisfactory evidence to Mortgagee that there are in effect, if and as required by Mortgagee, policies of workmen's compensation, general liability insurance, and flood insurance, in such ~ts as Mortgagee may from time to time require, in such form and issued by companies ~9ffJWle to Mortgagee, and such other insurance as Mortgagee may from time to time require. ~ggr shall promptly proceed to effect new insurance on the Mortgaged Property satisfactory to ~~~gee, if any required insurance shall expire, or be withdrawn, or become void by breach of any cIIDoition by Mortgagor, or become void or unsafe by reason of the failure of or impairment of the cap~~ any ~ompany in which such insurance may then be, or if for any other reason whatsoev:e.t.rshch insurance shall become unsatisfactory to Mortgagee. \~~. Mortgagor shall pay as they shall become due all premiums for all insurance, and shall deli~~e~ence of payment to Mortgagee within ten (10) days after requested by Mortgagee. In ~t ofloss or casualty, Mortgagor shall give immediate written notice to Mortgagee, and ~agee may make proof of loss if not promptly made by Mortgagor. Mortgagee shall have the right;ii~~\election, to adjust and compromise any loss claims under such insurance. Mortgagor directs any.j~ance company to pay directly to Mortgagee any monies which may become payable to MO~~9-r or Mortgagee as above and under such insurance, including return of unearned premiums, andV"~~}o.r appoints Mortgagee as attorney-in-fact to endorse any draft for such monies. All amounts'1:'l~y~able under any insurance policy required by this Mortgage are assigned to Mortgagee and irt14:~'~hnt of a loss the amount so collected, net of any cost incurred by Mortgagee in collecting the sam.(:;~c1uding attorneys' fees, shall be made available for restoration or replacement of the Improve~~o Building Equipment then subject to the lien of this Mortgage; provided, however, tha1~;;/ _'L,' I, >, (, .': . (i) An Ev~'~~fDefault ~oes not exist and, during the course of restoratlOn and replacement does not oC~J,::under this Mortgage or the other Loan Documents. "./ '"' ) ! ,'~- ~,' ,: \ . r' (ii) Mortgagor::'~eposit in escrow with Mortgagee sufficient funds to cover the costs of restoring and replacing the Improvements to the extent such costs are in excess of the available insurance proceeds. (iii) Mortgagor shall promptly furnish to Mortgagee plans and specifications for the restoration and replacement of the Improvements by such architect as shall be selected and engaged by Mortgagor and approved by Mortgagee. (iv) Mortgagor shall submit evidence satisfactory to Mortgagee that the value of the Premises, as restored and replaced, is not less than the value of the Premises as of the date of the loss. (v) Mortgagor shall submit satisfactory evidence that the restoration will be completed within one hundred eighty (180) days after the fire or other occurrence causing the loss, or such other period of time necessary due to extent of such loss as Mortgagee may approve in writing in its sole discretion (the "Completion Date"). BBFBCDC -42291-0015~mortgage[ I ].na 5 ~ Book21978/Page1777 Page 5 of 20 (vi) Prior to the commencement of such restoration and replacement, Mortgagor shall take all steps necessary to avoid the imposition of any mechanics' liens on the Premises or Improvements. <q\ ~',,\ '\;/3}.> Subject to the foregoing, insurance proceeds, net of the cost of adjusting, collecting, ~hJeasonable administrative charge as Mortgagee may impose for distributing same, shall be ad~~ pursuant to and subject to the provisions and conditions of this Mortgage as work progI'~s~ and upon the architect's certification. The insurance proceeds to be released shall be disburs~~ 1equest, but no more frequently than once each month, in accordance with a schedule approved~ortgagee. The item or items to which each disbursement may be applied are subject to the prior ~va1 of Mortgagee. Upon completion of such restoration, reconstruction and renovation, ~n occurrence of an Event of Default under this Mortgage, any portion of the insurance proc~~maining unexpended shall be applied by Mortgagee in its sole discretion to the payment of ~ed and unpaid interest, if any, on account of the unpaid principal sum, or to other sums due un~~s Mortgage or the other Loan Documents, in such order as Mortgagee may elect. No damage o~d~t{Uction of the Mortgaged Property nor any application of insurance proceeds to the paymeQt~fi1e indebtedness evidenced by the Note shall postpone or reduce the amount of any instal1mel,g:~principal or interest due under the Note. v"""-\..:---? In the event~~nditions of this paragraph (b) are not fully complied with within forty-five (45) days after the \1e:~~ther occurrence causing the loss, or all restoration, reconstruction and renovation fi ~fompleted by the Completion Date, and with regard to all other insurance proceeds (other than p~~payable under the hazard insurance policy), all insurance proceeds shall be applied by Mort~e in its sole discretion to the payment of accrued and unpaid interest, if any, on account of the unp~rincipal sum, or to other sums due under this Mortgage or under the other Loan Documents, in s'\i~:9Ider as Mortgagee may elect. ---. >' ':<'" '--,/ )) (c) In the event off~e oftbis Mortgage or other transfer of title to the Mortgaged Property in extinguislunent o~ebtedness secured by this Mortgage, all right, title and interest of Mortgagor to any insurance policies then in force covering the Mortgaged Property shall pass to the transferee of the Mortgaged Property. Mortgagee is irrevocably appointed by Mortgagor as attorney-in-fact for Mortgagor, which appointment is coupled with an interest, to assign any policy in the event of the foreclosure of this Mortgage or other extinguislunent of the indebtedness secured by this Mortgage. 4. Maintenance of Mortgaged Property. Mortgagor shall maintain the Mortgaged Property in good repair, order, and condition; except as provided in the Loan Agreement, shall not remove any Building Equipment from the Premises or the Improvements, without the prior written consent of Mortgagee; except as provided in by the Loan Agreement, shall not make, install, or permit to be made or installed, any alterations, additions, improvements, fixtures, appliances or equipment of any nature to or in the Mortgaged Property, without the prior written consent of Mortgagee; shall not commit or suffer any waste of the Mortgaged Property; shall not make any change in the use of the Mortgaged Property which may increase "in any way the risk of fire or other hazard or which may impair the security ofthis Mortgage; shall not permit the Mortgaged Property to become deserted or unguarded; shall promptly protect and conserve any BBFBCDC-42291-00 1 S-mortgage[ 1 ].na 6 t~ Book21978/Page1778 Page 6 of 20 portion of the Mortgaged Property remaining after any damage to or partial destruction of the Mortgaged Property; shall promptly repair, restore, replace, or rebuild any portion of the Mortgaged Property which is damaged or destroyed; and shall promptly restore the balance of the l'v!~aged Property remaining after any condemnation. '\~/ !,?' ";/ \;.(;:) ~ Inspections. Mortgagor shall permit Mortgagee and its agents, at any time and fro1il.i~e to time, to enter upon the Premises and Improvements and to inspect and appraise the \.it'....; , } ~ same'lbfanY-,purpose. ;~. \../ ~.Ji'P', Estoppel Affidavit. Mortgagor shall, within five (5) days after request in person or within t~. ) days after request by mail, furnish a written statement or declaration, duly acknowledg~Qf.the amount due on this Mortgage and whether any offsets or defenses exist / f .:; . thereto or agamatJh,;is Mortgage. t.....-:.../.\J \..<.: 7. Co (~ance with Laws and A eements. Mortgagor shall comply with all rules, laws, ordinances, re a.t.ions, agreements, covenants, conditions, contracts, declarations, easements, encumbr '~~.licenses and restrictions affecting the Mortgaged Property, shall not suffer or permit any viogt!hp thereof, shall pay all fees and charges of any kind in connection therewith, and shall do o~{~!\~Jo. be done all things necessary to preserve intact and unimpaired any and all easements, ap~~ces, and other interests and rights in favor of, or constituting any portion of, the MortgagefP'r-9perty. v,,;:;:.:. ( , \;1) 8. .Transfer ofMo~A~:J?!opertv. Mortgag?r sha~l not sell, .transfer, or a:'sign, and shall not penmt the sale, transfer'tlyasslgnment, voluntanly or mvoluntanly, by operatIOn ofJaw or otherwise, of the Mortgaged Pront~, or any part of or interest in the Mortgaged Property, without the prior written consent ofMpt1,gagee, which consent Mortgagee may in its sole discretion withhold. A transfer ofthe''M'9i\gaged Property shall be deemed to have occurred by virtue of the transfer of more than tweliff,iW,.e percent (25%) of any interest (stock, partnership or otherwise) in Mortgagor, whether in a s~saction or by virtue of a series of transactions, and whether voluntarily or involuntarily, by operation of law or otherwise. 9. Liens and Encumbrances. Mortgagor shall maintain this Mortgage as a valid first- priority lien (and security interest) on the Mortgaged Property, and shall not create, incur, assume, or suffer to exist any mortgage, lien, charge, security interest or other encumbrance upon the Mortgaged Property, or any part thereof, whether senior or subordinate, without the prior written consent of Mortgagee, which consent Mortgagee may in its sole discretion withhold. If any such lien or encumbrance is filed or recorded without Mortgagee's consent, then in addition to the other remedies available under the terms of this Mortgage, Mortgagor shall have it removed of record within thirty (30) days after it is filed or recorded. By placing or accepting any mortgage, lien or encumbrance of any type, whether voluntary or involuntary, whether consented to by Mortgagee or not, against the Mortgaged Property, the holder shall be deemed to have agreed, without any further act or documentation, that its mortgage, lien, and encumbrance shall be subordinate in lien priority to this Mortgage (including, without limitation, amendments which increase the interest rate on the Note, provide for future advances secured by this BBFBCDC~42291'{)O 15~mortgagell lt1a '7 /' L L.,~ Book21978/Page1779 Page 7 of 20 Mortgage, or provide for the release of portions of the Mortgaged Property with or without consideration). -'~ 10. Condemnation. Mortgagor shall notify Mortgagee promptly of the ~~ncement of any proceedings for the condemnation or the taking by eminent domain of all of~)~wt of the Mortgaged Property. Mortgagee shall have the right to commence, appear in, an~~cute in its own or in Mortgagor's name, any such proceeding, and to settle or cpm~~l6.i^se,..,any claim in connection therewith. Mortgagor appoints Mortgagee attorney-in-fact for Mo~r, which appointment is coupled with an interest, to collect and receive any awards, damageii{pj&ments, and compensation from the authorities making the same, and to give receipts and acquit~therefor, and to institute, appear in and prosecute any proceeding therefor. All sums colled~x or paid to Mortgagee pursuant to any such assignment, net of any cost incurred by Mortgagee(iri~lecting the same, including attorneys' fees, shall be made available for restoration and ~(acement of the hnprovements then subject to the lien ofthis Mortgage; provided, howev~ortgagor shall comply with all conditions in clauses (i) through (vi) of paragraph 3(b), abov~d provided, further. that: (i) following the condemnation, the Mortgaged Property ~ used for the purposes it was previously used; (ii) following restoration, the Mortg~froperty does not violate any applicable zoning or subdivision laws or ordinances; and (iii) Mo~~e:s title insurance coverage is not affected by the application of <S:""'J) U such proceeds. '(,;:::.>::::: i '1[" i:'" '.) 11. Leases and Re~Q\ , ,) '('/;-7--:> (a) Mortgagor;l11al1 not lease, or permit any party to lease, any portion of the Premises or Improvements, withou~ prior written consent of Mortgagee. Mortgagor assigns to Mortgagee, as security for Mortga~~~ obligations under this Mortgage, any and all leases entered into by Mortgagor for any poit~~f the Premises or hnprovements, whether now existing or hereafter created, includingWJ~ts due and to become due thereunder as wel1 as all rights and remedies provided therein fo~llection of rents. Mortgagee in no way assumes or will assume any of the obligations as lessor under any leases, and this assignment shall not release Mortgagor of its obligations as lessor. Mortgagor shall perform, or cause to be performed, every obligation of the lessor and shall enforce every obligation of the lessee in every lease that is assigned to Mortgagee or any tenancy in which the rents are or may be assigned to Mortgagee, and shall not, modify, alter, waive or cancel any such lease or any part thereof, nor anticipate for more than one (1) month any rents that maybe collectible under such lease or that may have been assigned to Mortgagee, nor assign any such lease or any such rents, without the prior written consent of Mortgagee. (b) Until the occurrence of an Event of Default, Mortgagor shall have a license, revocable at any time at the discretion of Mortgagee, to collect the rents as they become due. Upon the occurrence of an Event of Default, Mortgagor's license to collect the rents shall terminate automatically without notice to Mortgagor, and Mortgagee may, with or without entry upon or taking possession of the Premises or Improvements, direct any of the tenants of the Premises or Improvements to pay to Mortgagee, its agents or attorneys, such rents as may then be due or thereafter become due, and Mortgagee may collect the same. From and after the BBFBCDC-42291-001S-mortgage[ I J.Oa 8 ~ Book21978/Page1780 Page 8 of 20 termination of its license to collect the rents, Mortgagor shall be the agent of Mortgagee in collection of the same, and any sums so collected by Mortgagor shall be held in trust by M~gagor for the sole and exclusive benefit of Mortgagee, and Mortgagor shall immediately pay . s~~ums to Mortgagee. The affidavit or written statement of an officer, agent or attorney of MO.Jjagee stating that there has been an Event of Default shall constitute conclusive evidence t~~J3@1d any tenant or other person is authorized and directed to rely thereon. > ' \.~ - 1-'\ \~ 'f2. " Subordinate Lienholders. Mortgagor shall not permit the holder of any subo~d~ortgage or other subordinate lien, whether. or not consented to by Mortgagee, to termmate'JUlY lease or agreement ofsaJe for all or a portIon of the Mortgaged Property, whether or not that \,;:a~ or agreement of sale is subordinate (whether by law or the terms of such lease or a separate a~ent) to the lien of this Mortgage, without the prior written consent of Mortgagee. rhe.;b~der of any subordinate mortgage or other subordinate lien shall have no such ......>"" right, whether by foreclosure of its mortgage or lien or otherwise, to terminate any such lease or agreement of sale(~ther or not permitted to do so by Mortgagor or as a matter of law, and any su.ch attempt t? te~~~~ any such lease or agreement of sale shall be ineffective and void, WIthout the pnor wn~~fJonsent of Mortgagee. <:::,.;:y,) 13. Pa ent~~~ ts and Ex enses. If Mortgagor fails to pay any taxes, water and sewer rents, assessments, 'g--'e$, claims, fees, costs, or expenses required to be paid under the terms of this Mortgage or td\frt~in insurance as required, or to make all necessary repairs to the Mortgaged Property, Mo~~~e may, but shall not be obligated to, advance sums on behalf of Mortgagor in payment of such ~.es>-,water and sewer rents, assessments, charges, claims, costs, expenses, fees, insurance and rePaii( with right of subrogation, without prejudice to the right of enforcement of the obligation ofth~~~e, or the other remedies of Mortgagee in this Mortgage, by reason of the failure of Mortgagori10-frlake payment of the same; and all such sums so advanced by Mortgagee shall be add~4':t.9~~d become a part of the indebtedness secured by this Mortgage, and payment of such sums\:(WitH1nterest thereon at the default rate specified in the Note) may be enforced at any time by M.g#g-igee against Mortgagor. 14. Changes in Laws of Taxation. If at any time the United States Government or any department or bureau thereof shall require internal revenue stamps on the Note secured by this Mortgage, Mortgagor shall pay for same upon demand; and on default of such payment within fifteen (15) days after demand, the holder of the Note may pay for such stamps and add the amount so paid to the indebtedness evidenced by the Note and secured by this Mortgage. If any law or ordinance adopted after the date of this Mortgage imposes a tax on Mortgagee with respect to the Mortgaged Property, the value of Mortgagor's equity in the Mortgaged Property, the amount of the indebtedness secured by this Mortgage, the Note, or the other Loan Documents, Mortgagee shall have the right at its election to give Mortgagor ninety (90) days written notice to pay the indebtedness secured by this Mortgage, whereupon such indebtedness shall become due and payable at the expiration of such period of ninety (90) days, unless prior thereto, lawfully and without violation of usury laws, Mortgagor has paid any such tax in full as the same became due and payable. 15. Environmental Covenants. BBFBCDC-42291 ~0015-mortgage[1 J.lla 9 r (~.. CrJ1 1\ , Book21978/Page1781 Page 9 of 20 (a) Mortgagor shall not use, nor permit any other party to use, the Mortgaged Pr~~rty for the purpose of generating,' treating, producing, storing, handling, transferring, p~~sing, transporting, disposing or othelWise releasing Hazardous Substances, either on, from or )it)o~e Mortgaged Property or elsewhere, which (i) creates or causes or threatens to create or c~AoBtamination, either on th~ Mortgaged Prop~rty or elsewhere, :~uired by any governmental ~u~~~\t? be re~ov.ed or remedIed under any EnVironmental La~, (1~) create~.~y ~orm of habIr~(d1rect or mdirect, due to such actual or threatened contammatIOn, or (m) 1S m contrav~~ of any Environmental Law. Mortgagor shall require in all leases and subleases that all tenani~LStIbtenants, and other occupants of the Mortgaged Property not use or occupy the Mortgaged~: in contravention of the Environmental Laws and the terms of this Mortgage. \( /' ~-.\ ((~ The term "Environmental Law" includes any and all current or future federal, state, co1mtY~egional and local laws, statutes, rules, regulations and ordinances concerning protection ofheal~>t:he environment, including without limitation the Comprehensive Environmental Res~o~!\ Compensati~n and Liability Act, 42 U.s.C. 99601 et seq., as amended ("CERCLA"), the Re~ ConservatIon and Recovery Act, 42 U.S.C. g6901 et seQ., as amended ("RCRA"), and the Toxie~bstances Control Act, 15 U.S.c. g2601 et seg., as amended ("TSCA"). The tenn "Hazardous S~~" includes "hazardous substances" as defined in CERCLA, "hazardous wastes" as def~)l~CRA, and "toxic substances" as defined in TSCA, and any and all other pollutants and contifQl1~~s regulated or controlled by Environmental Laws. v:;~... (t, \/) (c) Mortgagbrt-$b\llJ;>in the event of any discharge, spill, injection, escape, emission, disposal, leak or other i~e of Hazardous Substances on, from or about the Mortgaged Property, which is not authorized bY~'~it or other approval issued by the appropriate gove~ental agencies, promptly not! ';~r U.S. E~viromnental Protection Agency and the appropnate government agency of the /~13fFlonda, and shall take all steps necessary to promptly remove, remediate, or otherJi~~~ up such discharge, spill, injection, escape, emission, disposal, leak or other release i~dance with the provisions of all Environmental Laws, and shall receive a certification from the appropriate governmental agency of the State of Florida or U.S. Environmental Protection Agency that the Mortgaged Property and any other affected property has been cleaned up to the satisfaction of those agencies. (d) Mortgagor grants Mortgagee and its agents, employees, contractors and, designees an irrevocable license (coupled with an interest) to enter the Mortgaged Property from time to time, at Mortgagor's expense, to evaluate and monitor the Mortgaged Property for compliance with all Environmental Laws as well as the tenns ofthis Mortgage and to perfonn appropriate tests (including, without limitation, test borings) and to take samples (including, without limitation, soil and groundwater samples). Mortgagor shall provide Mortgagee with all notices and other communications received from federal, state, county, regional and local agencies and departments which enforce and administer Environmental Laws. Mortgagor shall provide Mortgagee, from time to time upon request, with any and all information requested by Mortgagee concerning the use of the Mortgaged Property and Mortgagor's compliance with the terms of this Mortgage and Environmental Laws. BBFBCOC.42291-0015-l11ortgage[ 1 ].fla 10 c.~ Book21978/Page1782 Page 10 of 20 (e) Mortgagor shall and does release, indemnifY, agree to pay on behalf of, and hold hamlless Mortgagee and its officers, directors, agents, employees, successors and assigns of and from any loss, claim, cost, cause of action, action, demand, damage, fine (civil or criminal), p~~ or exp:nse, including without l~itation clean-up costs, ~tto~eys' fees and C,ourt ,costs, ~s~ay be Incurred, suffered or sustamed by reason of any VIolatIon or alleged VIOlatIOn of any t~)?f6his Mortgage or any Environmental Law on, in, under, from or about the Mortgaged Pr~~ caused in whole or in part, regardless of fault, by any past, present or future owner, occuFit4henant, subtenant, licensee, guest, or other person or entity, including but not limited to Mortga~d Mortgagee. ~'c?0" '\..J ;'~ ,~<-:\f) If Mortgagee should payor incur any costs, fees, expenses, settlements. danlages, fi~r:iminal or civil) or penalties, including, but not limited to, clean-up costs, ..r /' ~_., attorneys' fees(Eind"F-9urt costs, because ofa past, present or future violation of the terms of this Mortgage or En\(ifoh.mental Laws on, in, under, from or about the Mortgaged Property, all such sums shall be add~ the indebtedness secured by this Mortgage, shall be payable on demand by Mortgagor, and sh~el!f interest at the default rate set forth in the Note, ~. (( ;~: <:.::>......-~'. . (g) t@e./~ovenants and agreements of Mortgagor In paragraphs ( e) and (f), above, shall survive the ~~t in full of all sums secured by this Mortgage, the ternlination and satisfaction of record of ~Rgage, the exercise of any remedies with respect to this Mortgage or the sums secured by this ~~~e, and the tra?s~er of title to the Mortgaged Property to . Mortgagee, by foreclosure, JuC1i9~,.sale, or deed In lIeu offorec1osure, and shall accrue to any entlty controlled by , controlling, or un~~~on control with, Mortgagee that shall acquire title to the Mortgaged Property. ({--;;-:/ .-~ (t -)\ 16. Environmental Repr~tions. Mortgagor has investigated the prior ownership and uses of the Mortgaged Property, ~er consistent with good commercial and customary practice, to determine that the Mortga<ge(.PJ,PPerty is free of Hazardous Substances. Mortgagor, in performing its investigation, has consl~(j) the relationship of the purchase price to the value of the Mortgaged Property ifuncontanlinated when acquired, (ii) commonly known or ascertainable information about the Mortgaged Property, and (iii) the obviousness of the presence or likely presence of contamination, Mortgagor warrants and represents to Mortgagee, except as otherwise disclosed in the environmental assessment dated v.(c erA b-u It )00 \.; , prepared by La..<{.h(1"\ L. t1<,(~I(, C' fl. (L{.p1. .I~ ' that: (a) No portion of the Mortgaged Property has ever been used to treat, store, produce, handle, transfer, process, transport, dispose or otherwise release Hazardous Substances wruch has caused, however remotely, a contamination that requires or could require removal or remediation under any Environmental Law or that creates or could create any liability for removal or remediation. (b) No contamination or pollution or danger of pollution or contamination exists from a condition on the Mortgaged Property which requires any corrective action under any Environmental Law or which could result in any liability for corrective action, BBFBCD('-42291~OOt 5~mortgage[l ].f1a 11 CL- ~~ Book21978/Page1783 Page 11 of 20 (c) No notification has been filed with regard to a release of Hazardous Substances on, into or from the Mortgaged Property under any Enviromnenta1 Laws. ~\ (d) Neither Mortgagor nor any prior owner or occupier of the Mortgaged ~ro15'~ has received a summons, citation, notice of violation, administrative order, directive, letter . :;7 o~ '6omm~cati~n, written or o~al, ~om any goven:unental or quasi~governmental authority CO~)lg any vIolatIon or alleged VIOlatIOn of any EnvIronmental Law. \t._ t f)\ \~j/-' - ?; 0 (e) No Underground storage tanks are currently located on the Mortgaged Property~~:-any such tanks that previously existed on the Mortgaged Property were removed in compliance' ~ all Environmental Laws and there was no evidence of any contamination caused by the remo~~5~y such tanks. \,-.~'.' l"'-:') (~..,s No asbestos-containing materials, no lead-based paint, and no polychlorinated bi~D'ls are located on the Mortgaged Property. V 17. Events61Default. The occurrence of anyone or more of the following events shall constitute a defa~er this Mortgage ("Event of Defaultn): /?- VL<7 (a) Mo~i' fails to observe or perform any terms conditions, and agreements of this Mortgage (subject, to o/~(~nt applicable thereto, to any cure or grace periods in the Loan Agreement). \( ;;.?=:. { ( \~'~) ~-~~ (b) A default o~se occurs under the Note, the Loan Agreement, or the other ;:o;:~:ents (subject, to the exte~licable thereto, to any cure or grace periods in the Loan \(/1" (c) A default occur~~Rr in connection with any other loan, advance, extension of credit or other financial acco~tion now or in the future made by Mortgagee to Mortgagor or to third parties upon the surety, guaranty, endorsement, or other accommodation of Mortgagor, or under any other agreements, documents, or instruments now or in the future executed or delivered by Mortgagor to Mortgagee. (d) A default occurs under or in connection with any other indebtedness or obligation secured by the Mortgaged Property or any part ofthe Mortgaged Property. 18. Remedies Upon Default. Upon the occurrence of an Event of Default, or at any time during the continuance of an Event of Default, Mortgagee, may at its election, declare the whole unpaid principal sum and all accrued and unpaid interest thereon, and all other sums payable under the Loan Documents, to be immediately due and payable without notice or demand, and Mortgagee may immediately and without demand exercise any of the following rights and remedies, in addition to any of the rights or remedies provided in the other Loan Documents or in other documents held by Mortgagee as security for the indebtedness evidenced by the Note, and such rights and remedies otherwise available to Mortgagee at law, in equity, by BBFBCDC-42291-00J S-mortgage[1 ).t1a 12 t~ Book21978/Page1784 Page 12 of 20 virtue of statute, or otherwise, without further stay, any law. usage or custom to the contrary notwithstanding: 5\ (a) Mortgagee may either in person or by agent, with or without bringing any ~_~r proceeding, take possession of the Premises, the Improvements and the Building E~cwt and exercise with respect thereto all rights of a mortgagee in possession, and may co~.\;t)ll rents therefrom and, after deducting all costs of collection and administration expense, appl~~\et rents to the payment oftaxes, water and sewer rents, charges and claims, insurance premi~~d all other carrying charges, to the maintenance, repair or restoration of the Mortgaged Property~~~n account and in reduction of the principal or interest secured by this Mortgage, in such order-~_~ounts as Mortgagee may elect in its sole discretion. Upon tiling possession, Mortgagee l~~ any acts which it deems necessary or desirable to preserve the value, marketability 4(iY~ility of the Premises, the Improvements, and the Building Equipment, to increase the incoWe'therefrom and to protect the security thereof, including: sue for or otherwise collect the rents, is~ and profits thereof, including those past due and unpaid; make such alteration, addition1ff~Zovements, renovations~ repairs and replacements :0 :he Mortgaged Property as Mortgag~~m:.ay deem proper; demolIsh any part or all of the bmldmgs, structures or other improvements o~(i1~~:1?remises which in the judgment of Mortgagee may be in an unsafe ,~-. ,1 ~ condition and dangerous~fy, or property; and remodel such buildings, structures or other impr~vements so as to m~fri. available in whole or in part for any business, dwelling, multiple dwellmg or other purposes. Jv,~'" , \/)> \(/;:C (b) Mortga~~Ys institute, notwithstanding the provisions of any law or act of assembly to the contrary, any app~e action or proceeding to foreclose this Mortgage as if any and all redemption periods had fully ~ired, and proceed to judgment and execution for all sums I; .! secured by this Mortgage. . ',-, :_ ~ _?-. (c) Mortgagee, in i~:gQ.l~Aiscretion, regardless of whether a foreclosure suit has been commenced, shall be entitled to the~tment of a receiver of the rents, without notice, to the extent not prohibited by applicable law, with power to collect the rents, issues and profits of the Mortgaged Property as a matter of strict right and without notice, with power to collect rents, issues and profits of the Mortgaged Property due and coming due, both prior to and during the pendency of such foreclosure suit, without regard to the value of the Mortgaged Property or to the solvency of the Mortgagor or any other person liable for the indebtedness secured by this Mortgage, and regardless of whether Mortgagee has an adequate remedy at law. Such receiver may rent the Mortgaged Property, or any part thereof, for such term or temlS and on such other terms and conditions as such receiver may see fit, collect all rents (which term shall also include sums payable for use and occupation) and, after deducting all costs of collection and administration expense, apply the net rents to the payment of taxes, water and sewer rents, other lienable charges and claims, insurance premiums and all other carrying charges, and to the maintenance, repair and restoration of the Mortgaged Property, or in reduction of the principal or interest, or both, secured by this Mortgage, in such order and amounts as such receiver may elect. Mortgagor, for itself and its successors and assigns, waives any and all defense to the application for a receiver and consents to such appointment. The expenses, including receiver's fees, counsel fees, costs and agent's BBFBCDC -42291-00 15-mortgage[ I J-Oa 13 Book21978/Page1785 Page 13 of 20 .'.~ ~. c .~ compensation, incurred in connection with the exercise of the powers contained in this Mortgage shall be secured by this Mortgage. h (d) Mortgagee may exercise any and all remedies available to a secured party ~~e Florida Uniform Commercial Code or available at law, in equity, by virtue of statute or o~~~stG. ''\;i~-9. Security Agreement; Fixture Filing. Iyfortgagor agrees that the Building Equip~?o the extent permitted by law, is part of the Premises and is subject to the lien of this MortgaiErJ~d this Mortgage, in the event and to the extent that any Building Equipment shall not be de~~~o be part of the Premises, shall constitute a security agreement under the Florida Unifonn C~cial Code. Mortgagor authorizes Mortgagee to file such financing statements and other instfjl~~~s as Mortgagee may require in order to perfect and maintain such security interest under t~orida Uniform Commercial Code. This Mortgage also constitutes and is to be recorded as a "~re filing" as defined in the Florida Uniform Commercial Code and covers goods that are or a1?t~c/-:.,;come fixtures. 1. '-I ~......-:....... 21. purch~neY Mortgage. The indebtedness secured by this Mortgage was incurred in whole or in p~ance the acquisition of the Mortgaged Property. This Mortgage constitutes a "purc~ase mdif'.#g:tgag~" and shall be entitled to all benefits as such under the laws of the State ofFlonda and ir~PPhCable laws. '\{./..-. 22. Future Advanc~~.::y..^ (, /'''''''''' '~'/' \.t' (a) Pursuant to F~a Statute Section 697.04, this mortgage is given for the purpose of securing not only existin'tjjIQ.~btedness, but also such future advances, whether such advances are obligatory or to be made~t~ option of Mortgagee, or otherwise, as are made within twenty (20) years from the dat6;o.'tffi~ Mortgage, to the same extent as if such future advances were made on the date of exe~fthis Mortgage; provided, however, that the maximum amount of indebtedness secured by this Mortgage shall not exceed the sum of $600,000.00, plus all accrued and unpaid interest, plus all costs and expenses incurred or assumed by Mortgagee under this Mortgage (including, without limitations, costs and expenses described in paragraph (b) below). (b) In addition to and not in limitation of any other provisions in this Mortgage, it is understood and agreed that this Mortgage shall constitute security for the unpaid balance of advances made, with respect to the Mortgaged Property, for the payment of taxes, assessments, maintenance charges, insurance premiums, or costs incurred for the protection of the Mortgaged Property or the lien of this Mortgage, expenses incurred by Mortgagee by reason of default by Mortgagor under this Mortgage, and advances made under the Loan Agreement to enable completion ofthe improvements for which the loan was originally made. 23. Additional Notices. In addition to and not in limitation of any other notice requirements in this Mortgage, Mortgagor shall give Mortgagee prompt written notice of the occurrence of any of the following: (i) receipt from any governmental authority of any notice or BBFBCDC~42291-00 15-mortgage[l J.lla 14 L-~ Book21978/Page1786 Page 14 of 20 other communication relating to the structure, use or occupancy of the Mortgaged Property or any part thereof; (ii) change in the occupancy of the Mortgaged Property or any part thereof; (iii) commencement of any litigation or receipt of notice of any threat of litigation affecting the ~~aged Property or any part thereof; (iv) receipt of any notice from any tenant or subtenant of the J~)rtgaged Property or any part thereof; (v) the occurrence of a default under the terms of any a~~ts affecting or relating to the Mortgaged Property or any part thereof; (vi) the occ~e of a fire or other casualty causing damage to the Mortgaged Property or any part ther~~nvii~ receipt of notice of eminent domain proceedings or condemnation of the Mortgaged Prope~~~y ?art thereof;. and (viii) rece~pt ?f any n?tice of the imposition of, or of threatened or actuaI-<~etutlOn on, any hen on or secunty mterest m the Mortgaged Property or any part thereof. \::.1> \:;-::~\ 24./~~llaneous. ',<;' (aXe:?:> No extension or indulgence granted to Mortgagor, and no alteration, change or modificM{on~ofthe Loan Documents consented or agreed to by Mortgagee, and no other act or omissior(tifSMortgagee, including the taking of additional security or the release of any security, shall con{@nte a release of the lien and obligation of this Mortgage or be interposed _,/1): as a defense against the ~6~e~ent of this Mortgage, except an act of Mortgagee which constitutes an express rel~~.~, satisfaction of the Note an~ all other obligations. This Mortgage may not be chan~9Sirlly or by any course of deahng between Mortgagor and Mortgagee, but only by an a~nt in writing duly executed on behalf of the party against whom enforcement of any waiV4~apge, modification or discharge 1S sought. li -'./ .~~ -" ,. (b) All rights aI;ct-.-.rewedies granted by this Mortgage or in the other Loan Documents or otherwise available at~,,~n equity, by statute, or otherwise, shall be cumulative and concurrent and may be pursued se~ai!at~ly, successively, or concurrently at Mortgagee's sole option, and may be exercised from tim~~e and as often as occasion therefor shall arise until the indebtedness secured by this Mortga~id in full. Mortgagee may resort to any security it holds in such order and manner as Mortgagee deems fit and may sell at any foreclosure sale on this Mortgage the Premises, Improvements, and Building Equipment in one parcel or in such parcels as Mortgagee elects in its sole discretion; the foreclosure sale shall pass title to all such property; and Mortgagee may bid and become the purchaser of the Mortgaged Property or any part thereof at any foreclosure sale under this Mortgage. (c) Any part of the Mortgaged Property may be released by Mortgagee without affecting the lien, security interest and assignment of this Mortgage against the remainder of the Mortgaged Property. The taking of additional security, or the extension or renewal of the indebtedness evidenced by the Note or any part thereof, shall not release or impair the lien, security interest and other right granted by this Mortgage, or affect the Iiabillty of any endorser or guarantor or improve the right of any permitted junior lienholder. (d) In the event that Mortgagee shall refer any or all of the Loan Documents to counsel because of any default under the Loan Documents, Mortgagor shall reimburse Mortgagee for attorneys' fees and costs incurred by Mortgagee. If Mortgagee shall become a party, whether as BBFBCDC ~42291-o0] 5-mongage[ I ).fia 15 .> (/,i (.--" vl~ Book21978/Page1787 Page 15 of 20 plaintiff or defendant, to any suit or legal proceeding affecting the lien created by this Mortgage, Mortgagor shall pay to Mortgagee on demand its costs, expenses, and attorneys' fees in such suit or proceeding. ~ \;;::.:--),- (e) To the extent permitted by law, Mortgagor waives any right pertaining to the ~iag of assets, the exemption of hom~tead, the administration of estates of decedents, or otliti~tter to defeat, reduce or affect the nght of Mortgagee to sell the Mortgaged Property for the coll;~M'i ofthe indebtedness evidenced by the Note (without any prior or different resort for. collecti~)?c?r the right ofMoit~agee to the payment of such indebtedness ,out of the proceeds of sale of ~~rtgaged Property In preference to every other person and claImant. <'. \~~. To the extent that Mortgagee pays any outstanding lien, charge or if ,r r ., encumbrance ~~~g the Mortgaged Property, such proceeds shall be deemed to have been advanced by M~agee at Mortgagor's request, and Mortgagee shall be subrogated to all rights, interests and liens ~ed or held by the owner or holder of such outstanding liens, charges and encumbrances, irr~tive of whether such liens, charges or encumbrances are released of record; provided, however, tl@e terms and provisions of this Mortgage shall govern the rights and remedies ofMortgage~~.shall supersede the terms, provisions, rights, and remedies of the lien or liens to which Mortgage<<~rogated under this paragraph (f). ~~() (g) Not~iis~mained in this Mortgage is intended to create any partnership, joint venture or association b~W~ Mortgagor and Mortgagee, or in any way make Mortgagee a co-principal with Mortgagor wi~r~nce to the Mortgaged Property. (r / '/' .v:;"-" ~,\ (h) If at any time ~gagee determines that any further instruments, documents, acts or things are necess~;Pr;'f!esirable to vest or confirm any right or remedy granted in this Mortgage, Mortgagor shall exedlt~~d deliver any instrument or document and do or cause to be done any act or thing deemed ne~!2r desirable by Mortgagee for any purpose. ,/, ~ (i) All written notices to be given by either party to the other party shall be given or sent in the manner specified in the Loan Agreement. (j) To the extent permitted by law, Mortgagor waives and releases all errors, defects and imperfections in any proceedings instituted by Mortgagee under the terms of thls Mortgage and the Note, as well as all benefits that might accrue to Mortgagor by virtue of any present or future laws exempting the Mortgaged Property, or any other property, real or personal, or any part of the proceeds arising from any sale of any such property, from attachment, levy or sale under execution, or providing for any stay of execution, exemption from civil process or extension oftime for payment. (k) All provisions under any act, statute or regulation of the State of Florida now in effect or hereafter passed to relieve Mortgagor in any manner from the obligations assumed by this Mortgage or requiring the foreclosure and sale of the Mortgaged Property before the attachment of or execution against' other property, real or personal, of Mortgagor, are expressly waived in favor of the obligee on the Note or this Mortgage. BBFBC'DC-42291-00 15~mortgage[ J J.lla 16 C".0 ~ Book21978/Page1788 Page 16 of 20 (1) At the sole option of Mortgagee, this Mortgage shall become subject and subordinate, in whole or in part (but not with respect to priority of entitlement to any award in co~nmation) to any and all leases of all or any part of the Mortgaged Property, upon the ~~n by Mort~agee and recording there~f a;ny time ~ereafter, in the appropriate .o~ce for the r~n~ of deeds In and for the county or dlstnct wherem the Mortgaged Property IS sItuated, of a um~~fjir declaration to that effect. ''\:" J rX~ -;;: (J (m) If any term or provision ofthi~ Mortgage or the application thereof to any person dt:~umstances should, to any extent be invalid or unenforceable, the remainder of this Mortgage'~-i' /~'-.' e application of such teml or provision to persons or circumstances other than those as to . it is held invalid or unenforceable, shall not be affected, and each term and r ,/" __~"'. provision oft.~Mor.tgage shall be valid and shall be enforced to the fullest extent permitted by '._~' .."" <' law. ;:<~~"O <~. :~./)' (n) '(s/TRis Mortgage is made solely for the benefit of Mortgagee and its successors and its assigns. No p€~_~er of the Premises or any tenant under any lease of the Premises, nor any other person, shalll~~~,standing to bring any action against Mortgagee as a result of this Mortgage, or to assume tl{firiw.:prtgagee will exercise any remedies provided in this Mortgage, and no person other than Mort~)_:~a1l under any circumstances be deemed to be a beneficiary of any provision of this Mortgage. \;~>",,~ \:;<~ (0) This Mo~~all be binding upon the successors and assigns of Mortgagor. The use of the terms \~~gagor" and "Mortgagee" shall be deemed to include the .t respective successors and assigns of~~~arties. / "~"': (P) Whenever used ~n:1~ Mortgage, unless the context clearly indicates a contrary intent: (i) the use of any gendet[~iL\nclude all genders; (ii) the singular number shall include the plural, and the plural the sin~~ the context may require; and (iii) the word "including" shall mean "including without limitation", (q) Mortgagor shall give advance notice in writing to Mortgagee of any proposed change in Mortgagor's name, identity, or structure, and shall execute and deliver to Mortgagee, prior to or concurrently with the occurrence of any such change, all additional financing statements and other docunlents and instruments that Mortgagee may require to establish and maintain the validity and priority of Mortgagee's secmity interest with respect to any of the Mortgaged Property. (r) This Mortgage shall be governed by and construed in accordance with the laws of the State of Florida. BBFBCDC -4229l-00 IS-mortgage[ I ).Ila 17 /' . L ~'nJ1 Book21978/Page1789 Page 17 of 20 IN WITNESS WHEREOF, Mortgagor has duly executed this Mortgage on the day and year first above written. "'\ .,~'\ \(' 0' , .// /).) \';/)",0 \..,..../...... \{Qfb ;:;.;. 0 \7 (ry, ,.J;.... BOYNTON BEACH FAITH BASED COMMUNITY DEVELOP"MENT CORPORATION <'. ,\/?"'J ~ \.........-::,.-: \;/-:::~. -./ ~. V~<"-" By: .e"~ ~ '?;~ ,,( Name: ~o.-v~ (!.A- v... ~~ Title: ?r.( s'l-.u,/\..... if"":;, l.C 1.-' IN WITNESS ~OF, I have hereunto affixed the seal of Mortgagor and my and signature as Secretary Of~::. () . ;j Date: ,) L 1/ V, \i),'" ~~ ;(! ~v,_ \r' ~;0\ Secretary 1/ t t ";') tt '--'7:::'::;-v) \~-::-;:.. [corporate seal] ~J~. (.-,) \C //~ '-'~/ ). ~../~"').) \(\:::::::'>J\ /1' (~~~ BBFBCDC 42291..00 15-mortgage[ 1 ].l1a 18 .c c# Page 18 of 20 Book21978/Page1790 STATE OF FLORIDA C~TY oFfo./m - / /)\ ,\>" ,,{, " /:/' :::>~;.'! j \// 0 1.,}j;)n this :<'1 day of U1'-oQ.., 2007, before me, a Notary Public, personally appeared . ("'7; /,~\ u..l", who, acknowledged that.lliiLshe is P tt:S, cle/J+ of Boynton Beach Faith B "Community Development Corporation, a Florida non-profit corporation, and being authoriz~..Ir@'''do so, executed the foregoing Mortgage and Security Agreement for the purposes therein colrt~4t~d. \,~~ \f ,--::c:, IN WItNEss WHEREOF, I have hereunto set my h '--' ..' <' /....-.....l :,:; 16..2 aCh SS ,~,C:;, -c>" \v" /-:--': ('::i:r.S') \,,~,:,Y,~ 'V/~!' ;" ~~\,~~; \ \. '..) \(~~:;:) d and official seal. ~; 11; a. J, ConIIIIII . . My ComrnItieIan ~ ~ ,.:1 Expires Februaty 21. 2CIDIJ ({ 'j~ BBFBC'DC'-42291 ~0015-m0r1gage[ 1 Jfla 19 tC~ -1f'J Page 19 of 20 Book21978/Page1791 Exhibit A ~ Lot ~.J/~the Northeast Quarter (NE 1/4) of Lot 3, Block 3, SHEPARD'S ADDITION TO THE TOWN OF BOYNfO~ccording to the Plat thereof, recorded in Plat Book 2, Page 59, of the Public Records of County, Floridll'f?~" 0 Parcel Id~~tion Number: 08-43-45-21-29-003-0032 - J)o ~ 'C';:.---: \.,?rF'i~ \,:,~),~ ~, \2~ \t(;?:;\ \!..-.'.,'7 .~'\> '-'. -,C:\ (0')' V' //-~" ((' () ~~(7~). \.::::,. '/~~)"' V-"\..:.._~ ~~-S. (~ ~~~~~ ((),~> \:;./' rl' -,') '-~".:.), (C/j~ ':::::<<...?-, \'-.......;('-) J .../ '<:=::::...../1\ ,'", G:--2~ File Number: 07-1032-o002-RE DoubleTimeoo Book21978/Page1792 Page 20 of 20 llSCPA No42291-001) PROMISSORY NOTE $600,000.00 July~, 2007 FOR VALUE RECEIVED, and intending to be legally bound, the undersigned, BOYNTON BEACH FAITH BASED eo:M:MUNITY DEVELOPMENT CORPORATION, a Florida non- profit corporation with its principal offices at 2191 N. Seacrest Blvd., Boynton Beach, Florida 33435 (''Borrower''), promises to pay to the order of LOCAL INTI1ATIVES SUPPORT CORPORATION, a New York not-for-profit corporation with its principal offices at 501 Seventh Avenue, 7th Floor, New York, New York 10018 ("LISC"), the principal sum of SIX HUNDRED THOUSAND AND 00/100 DOLLARS ($600,000.00) or such lesser amount of the aggregate unpaid principal amount of all disbursem.ents made by use to Borrower, as recorded in the books and records ofLlSe (the "Disbursements"), together with interest, as set forth below. This Note is the Note referred to in the Loan Agreement, dated the date of this Note, betWeen Borrower and LiSe (as may be amended, modified, or supplemented from time to time, the "Loan Agreement"). The holder of this Note is entitled to the benefits of the Loan Agreement and may enforce the provisions ofthe Loan Agreement and exercise the rights and remedies provided in or otherwise available in respect of the Loan Agreement. Reference is made to the Loall Agreement for additional terms ofllie Loan evidenced by this Note, including without limitation provisions relating to the rights and remedies of the holder of this Note. Any capitalized term used and not otherwise defined in this Note shall have the meaning given to it in the Loan Agreement. Interest shall accrue on the principal balance of this Note from time to time outstanding at the Applicable Interest Rate (as defined below), accruing from the date of each Disbursement. Interest shall be calculated based on a yeat of360 days composed of twelve 30 day months, with interest accruing during any partial month based on the number of days actually elapsed in such month. Borrower shall pay on demand additional interest at the rate of five percent (5.00%) per annum on any overdue payment of principal under this Note; provideg, however. that the aggregate rate of interest shall in no event exceed the maximum rate per annum permitted by applicable law, In addition, Borrower shan pay a late fee of $50.00 per month for each payment under this Note (whether principal and/or interest) that is not received by ilse within ten (10) days after the date on which such payment is due. The "Applicable Interest Rate" is six and 75/100 percent (6.75%) per annum, if the Closing Date occurs on or before September 30, 2007. If the Closing Date occurs after such date, the "Applicable Interest Rate" shall be the rate of interest in effect at LISe on the Closing Date for loans or lines of credit of the same category as the Loan evidenced by this Note, as determined by LISe. 1 BBFBCDC-42291 ~0015~pn(J l JQ) ~Jt~B uOjuAog Wdtv>v 8CIJ"[ l 'd 066S 'ON LIse periodically reviews the fixed rates of interest it charges on different categories of loans and lines of credit and, on January 1 and July 1 of each year, makes such adjustments to these rates as it deems appropriate in its discretion. Borrower acknowledges that these rates of interest are reference rates used by use as a means of establishing rates of interest on loans and lines of credit that have not yet closed and that these rates of interest are not necessarily tied to any external rate of interest or index or do not necessarily reflect the lowest rate of interest actually charged by use to any bOlTOwer. Borrower may contact USe's Finance Department (212-455-9338) for the fixed rate of interest then in effect at LISe for loans or lines of credit of the same category as the Loan evidenced by this Note. Promptly after the Closing Date, LiSe shall give written notice to Borrower of the Applicable Interest Rate, which notice may be provided bye-mail transmission. The principal of and interest accruing on this Note shall be due and payable as follows: (a) Interest on the principal balance of this Note from time to time outstanding shall be due and payable on a quarterly basis, commencing on the first day of the third month following the first full month after the Closing Date and continuing on the :first day of each succeeding third month thereafter, until all amounts due under this Note are paid in full. (b) The entire outstanding principal balance of this Note plus all accrued and unpaid interest thereon shall be due and payable, if not sooner paid, on the earlier tp occur of (i) the date of closing on of any portion of the construction financing for the Project or (ii) the two (2) year anniversary of the first day of the first month following the Closing Date (the "Maturity Date"). This Note may be prepaid, in whole or in part, from time to time, on ten (10) days' prior written notice to the holder of this Note, without premium or penalty, but with accrued interest to the date of prepayment. All prepayments shall be applied, first, to interest accrued through the date of prepayment, second, to any amounts other than principal due under this Note or the Loan Agreement, if any, and third, to the unpaid principal amount of this Note. Unless otherwise specified by the holder of this Note, all payments under this Note, other than the final payment of principal and accrued interest at the Maturity Date. shall be made by check subject to collection, in lawful money of the United States of America, delivered to LISe at its address set forth above or at such other address as the holder oftbis Note shall specify to Borrower. If payment is made by check, and such check is returned by reason of insufficient fimds. LISe may require that subsequent payments be made by bank or certified check or by wire transfer. Payment of the outstanding principal balance of1his Note on the Maturity Date, plus all accrued and unpaid interest, shall be made by bank, certified. or title company check or by wire transfer. All payments under this Note shall be made without set-off, deduction, counterclaim, or withholding of any nature. Upon the occurrence of an Event of Default, the outstanding principal balance oftms Note, and all accrued and unpaid interest, shall become, or may be declared to be, immediately due and payable, as more fully provided in the Loan Agreement. 2 BBFBCPC-42291-OO15-pn[ I] (: 'd 066E 'ON JOJ 4J~ag UOjU^og Vldlv:v 800(: 'Ol 'AON This Note, 3D.d the payment of the outstanding principal balance of and all interest accruing on this Note, is a full recourse, and an absolute and unconditional, obligation of Borrower, and is and will be secured by, among other things, the mortgage and security agreement dated the date of this Note executed and delivered by BOItower to LISe (the "Mortgage"). use or any other holder of this Note may freely sell, assign, transfer or otherwise dispose oftrus Note, and Borrower consents and agrees that any subsequent holder of this Note shall have all of the rights and remedies of use provided in this Note or in fue Mortgage. To the fullest extent pennitted by law, Bonower waives presentment, demand for payment, notice of dishonor, protest and notice of protest of this Note. Borrower agrees to pay all costs of collection when incurred, including without limitation reasonable attorney's fees. This Note may not be modified, tenninated or discharged, nor shall any waiver under this Note be effective, except pursuant to a written instrument signed by the party against whom the SalUe is asserted. No alteration, amendment or waiver of any provision of this Note, the Loan Agreement, the Mortgage, or any other agreement or instrument providing security for this Note, shall constitute a waiver of the liability of Borrower under this Note. 'This Note shall be governed by, 8lld construed in accordance with, the laws of the State of New York (without regard to principles of conflicts oflaw). IN WITNESS WHEREOF, the undersigned has caused this Note to be duly executed by its duly authorized representative as of the date first above written. BOYNTON BEACH FAITH BASED COMMUNITY DEVELOP:MENT CORPORATION By: ~ Name: Title: ~ 3 BBFBCDC-42291..o015-pn[1) r C 066S 'ON ~~') I)~a~ UO~U^O~ ..jIJ\. "\ -- Wdei;7:t- 80(1(, LOCAL INITIATIVES SUPPORT CORPORATION 501 SEVENTH AVENUE NEW YORK, NY 10018 LOAN INVOICE Boynton Beach Faith-Based CDC 2191 N Seacrest Blvd P.O. Box 337 (zin - 33425) Boynton Beach, FL 33435 Borrower: 'BoyntonlJeach Faith..:Bascd CDC Amount: $600.000.00 P A Number~,42291-0014 Invoice Date: 9/1112008 ~' Date Due 10/1/2008 Principal Due $0.00 SO.OO IIiterest Due $8,646.03 ~ Totals: .. $8,646.03 Late Fees $0.00 SO.OO Total Due $8,646.03 S8,646.03 Late Fees and Cha~es Due-> Total Due at this time-> SO.OO S8,646.03 \ ..- - -. . Please pay the Total Due by 10/10/2008 12:00:00AM to avoid additional charges to yow This invoice reflects payments received through 9/1112008 4:08 Outsta.nd~g B~lance . Principal, Paid to Date Interest Paid to Date $546,702.65 $0:.00 $2,513.57 .. To ensure that your account is properly credited: * Detach the bottom portion and return with your payment * Write the loan number on the check. ~ q- I~-Ob Borrower Bovnton Beach Faith-Based CDC PANumbe 42291-0014 (\ Principal Interest Late Fees $0.00 $8,646.03 $0.00 Total $8,646.03 , , \t l' ~"l/, . \l~":,~' :~;Y". ~~~<tY~T2~lCRA iI East Side-West Side-Seaside Renaissance eRA BOARD MEETING OF: December9,2008 I I Consent Agenda I I Old Business I X I New Business I I Legal I I Other SUBJECT: Request by Boynton Beach Faith-Based CDC to Sell Land on NE 4th Avenue to the CRA SUMMARY: The Boynton Beach Faith-Based CDC purchased the above-referenced vacant land in January 2007. The land is approximately .89 acres and is located on the 100 block ofNE 4th/5th Avenue. The CDC can no longer carry the mortgage on the property which totals $600,000. The CDC paid $470,000 for the land. The current assessment per the Property Appraiser is $288,328. The CRA currently owns approximately 3 acres within the same block. FISCAL IMP ACT: The adopted 08/09 budget has no line item for property acquisition. CRA PLAN, PROGRAM OR PROJECT: Heart of Boynton Plan RECOMMENDATIONS: The Board may want to consider the following options: 1. Assume the mortgage and payments. 3. Buy the land and issue an RFP for all of the CRA land on the block. 4. Do not purchase property. Vivian Brooks Assistant Director T:\AGENDAS, CONSENT AGENDAS. MONTHLY REPORTS\Completed Agenda Item Request Forms by Meeting\FY 2008 - 2009 Board Meetings\12-9-2008 Meeting\CDC land.doc Gary R. Nikolits,CF A Palm Beach County Property Appraiser Property Mapping System Legend c=J Parcel Bomdary ~ Lot nurrber llli Search Parcel Details . h-\.l~t irr;'onn;':-iiGt ~~ ',c r:; 08434521290.030020 l Ram to PAPA , , BOYNTON BEACH FAITH i\,;;me: BASED COMMUNITY 0(:,:'(10,,: NE 4TH AVE I PO BOX 337 ~ BOYNTON BEACH, FL 33425 0337 ,',pf/1,d::;,d Jal "" f1i:dl(::; Vah;( i:\s5csser.{ \/;:.;il\<< Exernpt l!in~ri~ . $240,26 $240,26 $0 $240,26 'T!-:-,xab~r ., ,(\( j Va h:}~' ~?: n- don ad \ldh)reH:., 'iota!: $4,794.18 $0.0 $4,794.18 ~alf:~,j 1~;Jorm~~t~0r! .r::;,lles Lilh Jan-2007 Sep-2005 Jun-2005 Jun-1985 Oct-1984 May-1984 '~"~1070 ----, I j....nL-;,;~ $470,000 $10 $200,000 $28,000 $100 $10,000 t:1n c::nn Palm Beach County Property Map Map&cale 1:1415 Map produced on 12,'1,'2008 from PAPA httpiwww pbcgo\ com/papa kH.......//....,.;Clnr.ca.h ron. Y'\n1't"Y\ haf"loroh .f1 ,H.,/;......I")......f'1I,.....;C'/1"'\......a('1a't"\t~t;r\,r\/'t"Y'II~1"'\'t"'\ll11{T/nrlntnp"xr ':lC'1"'\(rf\A /),. PT lRT ==httn"//olcuJPh i JI(nn(\I\~ ~~~<tY~Te~ eRA . East Side-West Side-Seaside Renaissance eRA BOARD MEETING OF: December9,2008 I I Consent Agenda I I Old Business I X I New Business I I Legal I I Other SUBJECT: Request for Lot Use and Funding for the Heart of Boynton Community Association, Inc's 2009 Heritage Awareness Celebration SUMMARY: The Heart of Boynton Community Association, Inc has requested the following support of the CRA in their 2009 Heritage Awareness Celebration: . Use of the CRA lots located on Martin Luther King Blvd . A monetary donation with an amount to be determined by the Board Attached please find the letter of request, budget and lot maps supplied to the CRA from the Heart Of Boynton Community Association, Inc for their event. Staffhas also provided the Board with historical documents pertaining to the CRA's past involvement with the Heritage Celebration, as well as a FY 2008-2009 budget sheet depicting the Board-approved $5,000 dedicated to the February 2009 Family Day at the Sims Center being organized by Mary DeGraffenreidt of the City's Recs and Parks Department. The Family Day at the Sims Center represents activities previously conducted at the Hester Center in honor ofthe Heritage Festival. However, since the Hester Center is outside ofthe CRA District and all CRA dollars must be expended on activities and programs within the redevelopment area, this event was moved to the Sims Center. Most importantly, the main focus of the event is to Honor Carolyn Sims who was the originator of this Family Day. FISCAL IMP ACT: To be determined. CRA PLAN, PROGRAM OR PROJECT: FY 2008-2009 Budget Projects and Programs "Family Day at the Sims Center" (- J-. Isa Bright Executive Director T:\AGENDAS, CONSENT AGENDAS. MONTHLY REPORTS\Completed Agenda Item Request Forms by Meeting\FY 2008 - 2009 Board Meetings\12-9-2008 Meeting\HOB Community Assn' Request.doc To be determined by the Board. . ~,y{{if~~~J~. 20/~'i5atJt6~ {{if'~{jjf~. ~ 88.486 (661) 782-120.:5 December 1,2008 Heart of Boynton Neighborhood Association Heritage Awareness Celebration Committee Dear Lisa Bright: We are with the Heritage Awareness Celebration in 2009. This year the event will be held on Martin Luther Kine: Jr. Boulevard in Boynton Beach Florida. We are asking to use the Community Redevelopment Agency lots on Martin Luther Kine: Boulevard for the Heritage Awareness Celebration in 2009. The property will be used on February 21, 2009, the date of the event. The purpose of the event is to bring awareness of the multi-cultural heritages in Boynton Beach. The event will provide an awareness of the contributions made by different cultures and communities in Boynton Beach. We know that we can count on your support! We will be contacting you within the next 10 days or you can contact Ms. Gertrude Sullivan. Thank you for your time and consideration. We look forward to any support you can financially provide the Heritage Awareness Celebration in 2009. Than~'~.Ml' . in A9' a. nce ~0/ . ,? .1 . /,,/ ~v . (C/? ~,. I' Mrs: Gertrude Sulli n ( Heart of Boynton President 561-732-1205 . ~/ . j~ ~ ~efi&s Li:;:rl Heart of Boynton Member 561-738-1522 Dramatic Groups Dancers 31~~piratio~C)1 Sp~C1l<ers 3 School Chorus Groups Food, water and drinks n. _ ___~ __ __'___~_~_____' _" Exhibits --.. . - Bounce House Adult Games D.J. ~bo!,,-grap_h~r_u ~.. ._~u__ 4 Live Bands ----"_....._. ._-,-~-_. Children Books Signs and Advertisements Grounds Decorations __ __ ___ ___n_ Art Exhibit Awards Jump Rope Event Magician Radio, TV Announcements ~e~~u!i!y __ ~ ~ TOTAL Spanish Jamaican ZOO Water Slides Cards Equipment Video Children Prizes Balloon Art Newspaper Budget Outline Estilllated Costs For ?roposed Program Program: Heritage Awareness Celebrat!,,-n !n Feb 2009 ~_~_$',ooo.oo Afro American Haitian Italian Other Ethic jt:6~6i>0 $900.00 - ---$1:060.00 _~~ =~Jl9Q9:QQ~ Jl ~oQ()-,-QQ~ $.,:,000.00 $1,000.00 - ._-~._-- . $1,500.00 -- ---.-.- -~- u_$J,O~O~Q()~_ $2,500.00 -$f066.o0 ~ ~---$1,000.00 ~-= = Jt066:Do- $t,OOO.QQ. $1,000.00 --- --- - $1,000.00 __0"- __ _____,_____ $1,000.00 --- ------------ .... - - -- ~ - - ---2,a~C? ~f5 P_~l'l.iRides Dominos Bingo, Horse Shoes ~~R~Te~ eRA Ii East Side-West Side-Seaside Rena'lssance DATE EVENT March 2006 City/CRA Event Planning Committee meet in-house and commit resources of staff/funding. March - September Planning for Heritage Activities: 2006 . Film Festival . Concert . Super Festival Weekend . Art Show . Hester Center - Family Day September 2006 . City Staff receives agenda/update on 2007 HeritageFest activities from Angela Girtman. (Ms. Girtman had not been contacted to advise she is no longer Chairperson of the Heritage Fest event) After receiving clarification, Ms. Girtman agrees to participate on new Committee working with Mary DeGraffenreidt. . Wayne Segal speaks to the Commission at Pre-Agenda. An event project update and time line was not adequately provided. October 2006 Commissioner McCray requested Regina Scott join the committee as event liaison for H.O.B. community. . Boynton Beach Assembly Participants: . "We want a quality multicultural event." November 2006 ILA approved: CRA 51 % and City 49%. . Pirates . Holiday Parade, Concert, Medieval) (These are our shared events.) . Heritage November 2006 . Committee chooses Boynton's Black Heritage Jubilee as new brand for the event. . At Nov. 8 City Commission Meeting, Mayor and several City Commissioners expressed a concern over new name: Boynton's Black Heritage Jubilee. They want to ensure the event represents a multicultural diverse celebration that bridges any previous divide on this issue. . Kathy Biscuiti hired as Soecial Events Manager/orofessional staff. -~--I . . I i . Wayne Segal relieved of Special Events duties. City places Parks and Recreation staff on the Special Events Co-Op Oversight Committee. Heritage Celebration Committee now consists of City and CRA Staff with members of the H.O.B. community. Group votes on name change to Bo nton Beach Herita e Celebration "Su er Weekend:' December 2006 December 2006 Robert Reardon and Bill Mummert express concerns regarding the budget and accountin rocedures. December 21,2006 . Committee a rees on new event 10 0 January 2007 I i i . CRA sends copy of the event budget to Wilfred Hawkins and Regina Scott. . Commissioner McCray asks for clarification on who is the neighborhood representative? . Myra Jones publicly complains at Jan. 2 City Commission Meeting plans for the Heritage Celebration event is at a stalemate, due, in her opinion. to Wayne Segal's departure. Lisa Bright addresses concerns.. January 11, 2007 . Based on Wilfred Hawkins estimates stated at the Jan. 10 Special Events Co-Op Meeting, Lisa (CRA) pledged additional funding: . $3,000 for Friday, Feb. 23 7:30 p.m. - 9:00 p.m. "Welcome Reception" and Sunday, Feb. 25 Gospel Concert . $700 - books for the Brain Bowl event. January 18, 2007 . Myra Jones and ladies from the H.O.B. Heritage Celebration Committee visit City Manager requesting additional $20,000 for gospel concert 4 weeks before the event. January 2007 . ILA purpose: Streamline event process to ensure Boynton Beach presents quality events: . CRA handling accounting and housing staff. . Special Events Manager hired on premise he/she has full control over event planning and execution. . Additional money provided. PROJECTS & PROGRAMS Department 58500 P' F d I Budget Incr/(Decr) I rOJect un FY 07-08 FY 07-08 Est. FY 08-09 Amount % SPECIAL EVENTS $ 352,000 $ 352,000 $ 270,000 POLICE PROGRAM $ 573,853 $ 460,000 $ 475,345 COMMUNITY SUPPORT PROJECTS $ 30,000 $ 30,000 $ - $ 955,853 $ 842,000 $ 745,345 I $ (210,508) -22%1 ~ .r{vt =r!fj'lj .;~~:~~~~ L- . .- {![~ {ig (f'ti Ii ~ ~ t ~~~~~~;<",' I SPECIAL EVENTS I $ 352,000 $ 352,000 $ 270,000 r.' ~',:;j"'. ',,-' <- ..-...."'>l't,'~"'Il.~" -:'l'''}:'''I'<''-""H''-'',, ")1'-, - Parade $ 30,000 $ - Tree, lighting, Holiday Decorations $ 10,000 $ - Concert $ 110,000 $ ," ."~.:-':~'I<'~,"'~","!i"" '.._,.....'" ~.-,;,," ,.,,:.>",,;;.." ,< -";......,,, '\0'" -....,.l,~!. " ~~::i':.::~,:J~imi~_=i: - Hester Center $ 30,000 $ 30,000 $ - Ocean Avenue Concert $ 65,000 $ 65,000 $ 30,000 $ 30,000 10,000 $ 30,000 110,000 $ 110,000 i J ......, "'.l~"t. ~::~::I!<~:' '~,~'1l"" ""<i'1~': '....';('('f'; "f" '!~" ',.' , '(:~~,-k<{(. )ll~~( ~-h,: :_I1~5_:-!:il~_~~i~~'lr~~'lf_~i~~E,~lr~~~,:I~~~~~~('~ ~~~~l~I~~~ :,v:' . - Fireworks - Conc~rt & Security ,.10"':,/. ""_,,' 11t.,.'f'!"'I;,,"';<'~1r""'f"$" '''''''''''","::.,:;.'..,,'''''' ':,;~~}" l",',"J $ 50,000 $ $ 45,000 $ "t 50,000 $ 45,000 $ 55,000 20,000 - J(.{ f-:!~il~(.~1 S.~~f,r.{ :~_ f~S' iS~:.:...:=~~~~_I~'"''l:::i~I;I~['-::~_-!:~~_~t!i~[I;~f /"":t1!~~~;~(I~ -,J,~~~~.rx~;;~~~!!:,~~~~~/~~~~!...~~. .... . .. ....... ... .. ". . . ... ..' -,;;;;:;'\;.,~;~~;;.~;.~~~~~~,..-~~~~""'~~.- - Family Day at Sims Center $ $ $ 5,000 =-B-?~t ~~a!~c!e $ $ $ 5,000 . ' Meeting Minutes Community Redevelopment Agency Boynton Beach, FL September 2, 2008 In reviewing other budget items, Vice Chair Rodriguez further suggested membership fees, delivery services and office supplies could possibly be reduced. He questioned the $20,000 allotted for brownfield designation when that was rejected. Ms. Bright advised the MLK corridor was designated as a brownfield, and Tom Hinners had requested assistance with the economic development of the project, but had to do the paperwork with assistance from the CRA staff. The monies would go to legal counsel to make sure the brownfield designation was approved. The cost for the original brownfreld designation would have been negligible. Assistance would be available through the CRA to property owners to access those credits. Ms. Harris pointed out any funds not used would be rolled over and the cost of an electronic agenda process would also have to be funded. Memberships have been reduced and the Business Development membership fee was split with the City. Since travel has been cut, staff wanted to assure newsletter subscriptions were maintained. It was explained that the office supplies had been increased because the marketing materials that had been outsourced are now being done in- house. Attorney Cherof advised the budget would be adopted and Exhibit "A" would be modified with the amendments being suggested. Gertrude Sullivan, 201 NE 6th Avenue, inquired if the Heritage Fest had been cancelled. She questioned why preparations were being made for the 4th of July and not the Heritage Fest. Ms. Bright responded the Heritage Fest concert and related events had been eliminated; however, the $5,000 Family Day at the Sims Center would be supported. Only two events would be sponsored this year: the 4h of July and the Holiday Event. Kathy Biscuiti, Special Events Manager, reported any events the community wanted could be held at the library. It was noted the attendance had been very poor. Mr. Hay noted the total cost of the Heritage Fest was $95,000. Myra Jones apologized for some of the miscommunication and expressed her appreciation for the assistance of staff. Staff has already committed many things to the community. She suggested the neighborhood association presidents should meet and discuss their differences in private. Lance Chaney, 4312 Polemo Boulevard, opined the $95,000 cost was high, but the Heritage Fest would reflect Boynton Beach's diverse, cultural community. He conceded there were attendance problems. Ignoring the various cultures within the City while spending over $80,000 for travel seemed contrary to affirming the minorities and diversity within the City. Vice Chair Rodriguez clarified the travel budget had been decreased from $80,000 to $19,000, a 77% reduction. The recent trip to Calgary was in the current year's budget. Ms. Bright stressed the Cuban Art Show was rejected, as were other cultural events, due to a lack of funding. Every effort was being made to get developers to underwrite the cost of any events. Auburn Group donated $50,000 for events and in-kind sponsorships. Those types of donations would not be forthcoming in the new fiscal year. The rationale would be to have a major event in the summer and major event during the holidays. Rev. Chaney urged the City or CRA to devote some dollars to affirm diversity within the City. 8 Meeting Minutes Community Redevelopment Agency Boynton Beach, FL September 2,2008 Chair Taylor remarked the City cut out funding for all events and turned the planning and events over to the CRA exclusively. The funding for the Holiday event had been trimmed back. Victor Norfus, 261 N. Palm Drive, had issues with the way the Heritage Fest was addressed. Ms. Bright acknowledged the CRA would not be funding the types of activities and programs it had in the past. Mr. Norfus stressed the original celebration was Black Awareness Day to showcase the accomplishments of the African-Americans to the City and Nation. It was an educational opportunity. Expanding the program and event overshadowed the educational factor. It needs to return to the citizens to be responsible for the celebration, with some type of support from the City. Mr. Hay recalled his sister, Ullian Artis, was integral to the concept of Black Awareness within the City. The event should continue in some form. He contended the CRA Board should donate some funds to the event. Mr. Hay encouraged the donation of discretionary funds to ensure continuation of the event in some form. Motion Vice Chair Rodriguez moved to adopt the resolution with Exhibit "A," incorporating the amendments made by the Board. Mr. Hay seconded the motion. B. Discussion of Contracts with American Realty - Ocean Breeze Attorney Cherof explained there was extensive information provided about the history of the Ocean Breeze project and the contract to purchase the property, plus the incentive packages offered. At the last meeting changes were requested to be made to the project as proposed. The policy issues that must be addressed are about the purchase and sale agreements entered into with Ocean Breeze. A deposit of $210,000 was required within ten days of final ranking of the 2008 Universal ranking of the application by the Florida Housing Finance Corporation, or October 31, 2008, whichever came first. The purchaser did not timely make that deposit, and the failure would constitute a technical breach of the contract. The contract also provided a curative period once the default is made. The first decision would be if staff should write a default letter to the developer, triggering their requirement to post the $110,000 deposit. The second issue is whether the modification proposed is a material difference from the project that was originally approved. If it is, consideration would be given to the other company that made a proposal, the Carlisle Group. Another alternative is to reject all the proposals and seek new requests for proposals. It was noted the project has been underway for some period of time, and the same amount of time would be necessary to start over again. Frank Chirkinian, American Realty, noted, on the west side, originally Community Housing Workforce Innovation Pilot Program (CWHIP) funds were being sought and as indicated in the RFP, were critical to the acquisition. When those funds did not materialize, an alternative concept for building on the west side was developed. Without the Community Housing Workforce Innovation Pilot Program funds, the entire project on the west side stalled. An alternative plan was recently presented to the board. Technically, a deposit should have been made based on the award of the Community Housing Workforce Innovation Pilot Program funds 9 . ~r/{fj1J'~ ~~ J".,. gOI ~ ~ 6~ {ffIf~ {ffIfec<<h" ~ 884"86 (661) 78g-lg06 December 1,2008 Heart of Boynton Neighborhood Association Heritage Awareness Celebration Committee Dear Lisa Bright: We are with the Heritage Awareness Celebration in 2009. This year the event will be held on Martin Luther Kine Jr. Boulevard in Boynton Beach Florida. We are asking to use the Community Redevelopment Agency lots on Martin Luther Kine Boulevard for the Heritage Awareness Celebration in 2009. The property will be used on February 21, 2009, the date of the event. The purpose of the event is to bring awareness of the multi-cultural heritages in Boynton Beach. The event will provide an awareness of the contributions made by different cultures and communities in Boynton Beach. We know that we can count on your support! We will be contacting you within the next 10 days or you can contact Ms. Gertrude Sullivan. Thank: you for your time and consideration. We look forward to any support you can financially provide the Heritage Awareness Celebration in 2009. ~ 0 ance. Mrs. Gertrud SUIli~ Heart of Boynton President 561-732-1205 . ~I . ~ ~ ~eflJs Li;::r' Heart of Boynton Member 561-738-1522 1IJ~~qY~Te~ eRA . East Side-West Side-Seaside Renaissance eRA BOARD MEETING OF: December9,2008 I I Consent Agenda I I Old Business I X I New Business Legal Other SUBJECT: Request for Lot Use and Funding for the Heart of Boynton Community Association, Inc's 2009 Heritage Awareness Celebration SUMMARY: The Heart of Boynton Community Association, Inc has requested the following support of the CRA in their 2009 Heritage Awareness Celebration: . Use of the CRA lots located on Martin Luther King Blvd . A monetary donation with an amount to be determined by the Board Attached please find the letter of request, budget and lot maps supplied to the CRA from the Heart Of Boynton Community Association, Inc for their event. Staff has also provided the Board with historical documents pertaining to the CRA's past involvement with the Heritage Celebration, as well as a FY 2008-2009 budget sheet depicting the Board-approved $5,000 dedicated to the February 2009 Family Day at the Sims Center being organized by Mary DeGraffenreidt of the City's Recs and Parks Department. The Family Day at the Sims Center represents activities previously conducted at the Hester Center in honor of the Heritage Festival. However, since the Hester Center is outside of the CRA District and all CRA dollars must be expended on activities and programs within the redevelopment area, this event was moved to the Sims Center. Most importantly, the main focus of the event is to Honor Carolyn Sims who was the originator of this Family Day. FISCAL IMPACT: To be determined. CRA PLAN, PROGRAM OR PROJECT: FY 2008-2009 Budget Projects and Programs "Family Day at the Sims Center" REf?OMMENDA TIONS: To be determined by the Board. " ) , I " .r" _l 'rf I \~Q (/) \vl-.-t~ U~ Bright / \ Executive Director T:\AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS\Completed Agenda Item Request Forms by Meeting\FY 2008 - 2009 Board Meetings\12-9-2008 Meeting\HOB Community Assn' Request.doc Dramatic Groups Dancers 3 Inspirational Speakers 3 School Chorus Groups Food, water and drinks Exhibits Bounce House Adult Games D.J. -- --------. ..- Phot~grapher 4 Live Bands - -. ~ - Children Books --- ---- ------- Signs and Advertisements Grounds Decorations Art Exhibit Awards JUIT!P_ '3<?pe~\le~~ ~aJJJc:;i~n_ _ Radio, lV Announcements - - -- ~- Security . TOTAL Spanish Jamaican ZOO Water Slides Cards ...n_E:q~ipment Video Children Prizes Balloon Art Newspaper Budget Outline _ Estimated Costs For Proposed Pro9Eam Program: Heritage Awareness Celebration in Feb 2009 Afro American Haitian Pony Ri.c:t~s Dominos $',000.00 Italian Other Ethic Bingo, Horse Shoes ~_ =.JtOO~O.90 $900.00 ---$.:606~06 ~ ~ ~~}1..QQQ..90 ~~)-l~~66~~~ $1,000.00 -- ----- -- - $1,500.00 -=~==~_~,:00~6=0()~ $2,500.00 -$t~6oo:o6 -- ---$l;Doo.oO __n=--=~l~Oc[t[l>Q ___$1,.00_0..00 $1,000.00 -- ----------- -- - $1,000.00 - - --- ----. '.-....'.--- $1,000.00 _.- -----------_._-- . - -- --.2,OP c.> "-fJ: Meeting Minutes Community Redevelopment Agency Boynton Beach, FL September 2,2008 In reviewing other budget items, Vice Chair Rodriguez further suggested membership fees, delivery services and office supplies could possibly be reduced. He questioned the $20,000 allotted for brownfield designation when that was rejected. Ms. Bright advised the MLK corridor was designated as a brownfield, and Tom Hinners had requested assistance with the economic development of the project, but had to do the paperwork with assistance from the CRA staff. The monies would go to legal counsel to make sure the brownfield designation was approved. The cost for the original brownfield designation would have been negligible. Assistance would be available through the CRA to property owners to access those credits. Ms. Harris pointed out any funds not used would be rolled over and the cost of an electronic agenda process would also have to be funded. Memberships have been reduced and the Business Development membership fee was split with the City. Since travel has been cut, staff wanted to assure newsletter subscriptions were maintained. It was explained that the office supplies had been increased because the marketing materials that had been outsourced are now being done in- house. Attorney Cherof advised the budget would be adopted and Exhibit "A" would be modified with the amendments being suggested. Gertrude Sullivan, 201 NE 6th Avenue, inquired if the Heritage Fest had been cancelled. She questioned why preparations were being made for the 4th of July and not the Heritage Fest. Ms. Bright responded the Heritage Fest concert and related events had been eliminated; however, the $5,000 Family Day at the Sims Center would be supported. Only two events would be sponsored this year: the 4th of July and the Holiday Event. Kathy Biscuiti, Special Events Manager, reported any events the community wanted could be held at the library. It was noted the attendance had been very poor. Mr. Hay noted the total cost of the Heritage Fest was $95,000. Myra Jones apologized for some of the miscommunication and expressed her appreciation for the assistance of staff. Staff has already committed many things to the community. She suggested the neighborhood association presidents should meet and discuss their differences in private. Lance Chaney, 4312 Polemo Boulevard, opined the $95,000 cost was high, but the Heritage Fest would reflect Boynton Beach's diverse, cultural community. He conceded there were attendance problems. Ignoring the various OJltures within the City while spending over $80,000 for travel seemed contrary to affirming the minorities and diversity within the Oty. Vice Chair Rodriguez clarified the travel budget had been decreased from $80,000 to $19,000, a 77% reduction. The recent trip to Calgary was in the current year's budget. Ms. Bright stressed the CUban Art Show was rejected, as were other cultural events, due to a lack of funding. Every effort was being made to get developers to underwrite the cost of any events. Auburn Group donated $50,000 for events and in-kind sponsorships. Those types of donations would not be forthcoming in the new fiscal year. The rationale would be to have a major event in the summer and major event during the holidays. Rev. Chaney urged the City or CRA to devote some dollars to affirm diversity within the City. 8 PROJECTS & PROGRAMS Department 58500 I Budget Incr/(Decr) I rOJect un FY 07-08 FY 07-08 Est. FY 08-09 Amount % SPECIAL EVENTS $ 352,000 $ 352,000 $ 270,000 POLICE PROGRAM $ 573,853 $ 460,000 $ 475,345 COMMUNITY SUPPORT PROJECTS $ 30,000 $ 30,000 $ - $ 955,853 $ 842,000 $ 745,345 1 $ (210,508) -22%1 P F d --- I - ~,o..,:~~:::' L__ ---.- ![!!~(}:(t(rr.r th" ..', !r~i""-lf;l;r SPECIAL EVENTS " I $ 352,000 $ 352,000 $ 270,000 ~ ( 11' ,l ,..-""'".,, ",' w ~ '_~ ,_~ ~ ~ ~ 'I ~ ~ _ __~__ ~':i"':J;!' ;,,'!r?f',jN~;; l$l}i..,. \...: ~~~~ 30,000 $ 30,000 10,000 $ 30,000 110,000 $ 110,000 - Parade - Tree, Lighting, Holiday Decorations - Concert $ 30,000 $ $ 10,000 $ $ 110,000 $ _.<,'l'l""'"",'.>r:II' . ,~J.,. ,..;",~;_.,~,~j:,!\-.:_"; .,. , ",...i<l~~: '-'.' """:;,:",, ,.C' - Hester Center - Ocean Avenue Concert :'t:".~.~~~~~ $ 30,000 $ 30,000 $ $ 65,000 $ 65,000 $ ~i~~_~t~ l(.',I"~;:L_.~_; i'-:.:,,:l:~,-_,~~~!.~ ~ '~~'':~~~:'''~' ,c, ~~ -~L~?' ........." ... - Fireworks - Conc~rt & Security ~ .,.... ..' !r:~:'.\f":i""": ,-' .; $ 50,000 $ $ 45,000 $ 50,000 $ 45,000 $ 55,000 20,000 " ' '( '....t,l:ii",ii,;tj"i.l,~~"~',~,~l~"'i,/ ," (~<r 'r ., (', ,te' (Jr'!':1 ",,~:....~~jl~_'jJI "_~~I~I~ _1 '"__ ll__~~~~:.=::~< ~.:....~~ ~__""~",_~_,, _~:L":":"':~..l.".l ~~.. ."....... jf,., ..., - Ja"..~a~/~:~~~~~!~~r~~I~~i1/May ~1:~":>;:;::':;:":t~I:~",,,,,,,,'~,,,~,",,,,,,",.,,~~;,,,,,,,~!~~__ _ Family Day at Sims Center $ $ $ 5,000 - Boat Parade $ $ $ 5,000 I POLICE 1$ 573,853 $ 460,000 $ 475,345 Personnel Costs $ 388,794 $ 274,941 $ 425,000 Equipment Costs $ 45,445 $ 45,445 $ 7,535 Vehicle Costs $ 139,614 $ 139,614 $ 42,810 I COMMUNITY SUPPORT PROGRAMS 1$ 30,000 $ 30,000 $ Greenmarket $ 10,000 $ 10,000 $ Dumpster Art $ 10,000 $ 10,000 $ Community HOA Meeting Program $ 10,000 $ 10,000 $ Meeting Minutes Community Redevelopment Agency Boynton Beach, FL September 2, 2008 Chair Taylor remarked the City cut out funding for all events and turned the planning and events over to the CRA exclusively. The funding for the HOliday event had been bimmed back. Victor Norfus, 261 N. Palm Drive, had issues with the way the Heritage Fest was addressed. Ms. Bright acknowledged the CRA would not be funding the types of activities and programs it had in the past. Mr. Norfus stressed the original celebration was Black Awareness Day to showcase the accomplishments of the African-Americans to the City and Nation. It was an educational opportunity. Expanding the program and event overshadowed the educational factor. It needs to return to the citizens to be responSible for the celebration, with some type of support from the City. Mr. Hay recalled his sister, Ullian Artis, was integral to the concept of Black Awareness within the City. The event should continue in some form. He contended the CRA Board should donate some funds to the event. Mr. Hay encouraged the donation of discretionary funds to ensure continuation of the event in some form. Motion Vice Chair Rodriguez moved to adopt the resolution with Exhibit "A," incorporating the amendments made by the Board. Mr. Hay seconded the motion. B. Discussion of Contracts with American Realty - Ocean Breeze Attorney Cherof explained there was extensive information provided about the history of the Ocean Breeze project and the contract to purchase the property, plus the incentive packages offered. At the last meeting changes were requested to be made to the project as proposed. The policy issues that must be addressed are about the purchase and sale agreements entered into with Ocean Breeze. A deposit of $210,000 was required within ten days of final ranking of the 2008 Universal ranking of the application by the Florida Housing Finance Corporation, or October 31, 2008, whichever came first. The purchaser did not timely make that deposit, and the failure would constitute a technical breach of the contract. The contract also provided a curative period once the default is made. The first decision would be if staff should write a default letter to the developer, triggering their requirement to post the $110,000 deposit. The second issue is whether the modification proposed is a material difference from the project that was originally approved. If it is, consideration would be given to the other company that made a proposal, the Carlisle Group. Another alternative is to reject all the proposals and seek new requests for proposals. It was noted the project has been underway for some period of time, and the same amount of time would be necessary to start over again. Frank Chirkinian, American Realty, noted, on the west side, originally Community Housing Workforce Innovation Pilot Program (CWHIP) funds were being sought and as indicated in the RFP, were critical to the acquisition. When those funds did not materialize, an alternative concept for building on the west side was developed. Without the Community Housing Workforce Innovation Pilot Program funds, the entire project on the west side stalled. An alternative plan was recently presented to the board. Technically, a deposit should have been made based on the award of the Community Housing Workforce Innovation Pilot Program funds 9 IIRY~Te~ eRA Ii East Side-West Side-Seaside Renaissance DATE EVENT March 2006 City/CRA Event Planning Committee meet in-house and commit resources of staff/funding. March - September Planning for Heritage Activities: 2006 . Film Festival . Concert . Super Festival Weekend . Art Show . Hester Center - Family Dav September 2006 . City Staff receives agenda/update on 2007 HeritageFest activities from Angela Girtman. (Ms. Girtman had not been contacted to advise she is no longer Chairperson of the Heritage Fest event) After receiving clarification, Ms. Girtman agrees to participate on new Committee working with Mary DeGraffenreidt. . Wayne Segal speaks to the Commission at Pre-Agenda. An event project uodate and time line was not adequately provided. October 2006 Commissioner McCray requested Regina Scott join the committee as event liaison for H.O.B. community. ~ Boynton Beach Assembly Participants: . "We want a quality multicultural event." November 2006 ILA approved: CRA 51 % and City 49%. . Pirates . Holiday Parade, Concert, Medieval) (These are our shared events.) . Heritage November 2006 . Committee chooses Boynton's Black Heritage Jubilee as new brand for the event. . At Nov. 8 City Commission Meeting, Mayor and several City Commissioners expressed a concern over new name: Boynton's Black Heritage Jubilee. They want to ensure the event represents a multicultural diverse celebration that bridges any previous divide on this issue. . Kathv Biscuiti hired as Soecial Events Manager/professional staff. ----l . I . I . Wayne Segal relieved of Special Events duties. City places Parks and Recreation staff on the Special Events Co-Op Oversight Committee. Heritage Celebration Committee now consists of City and eRA Staff with members of the H.O.B. community. Group votes on name change to Bo nton Beach Herita e Celebration "Su er Weekend." December 2006 . Special Events Co-Op presents memorable holiday event. Over 3,000 in attendance. December 2006 Robert Reardon and Bill Mummert express concerns regarding the budget and accountin rocedures. December 21, 2006 . Committee a rees on new event 10 0 January 2007 I I I I . CRA sends copy of the event budget to Wilfred Hawkins and Regina Scott. . Commissioner McCray asks for clarification on who is the neighborhood representative'! . Myra Jones publicly complains at Jan. 2 City Commission Meet' for the Heritage Celebration event is at a stalemate. due, in her 0 I Wayne Segal's departure. Lisa Bright addresses concerns.. I -_.~---_._---~--- I January 11,2007 . Based on Wilfred Hawkins estimates stated at the Jan. 10 Specia Co-Op Meeting, Lisa (CRA) pledged additional funding: . $3,000 for Friday, Feb. 23 7:30 p.m. - 9:00 p.m. "Welcome Re and Sunday, Feb. 25 Gospel Concert . $700 - books for the Brain Bowl event. -----.-- - January 18, 2007 . Myra Jones and ladies from the H.O.B. Heritage Celebration Co visit City Manager requesting additional $20,000 for gospel con weeks before the event. ____n'._...___._._ January 2007 . ILA purpose: Streamline event process to ensure Boynton Beac quality events: . mg plans pinion. tu I Events ception mmittee cert 4 h presents CRA handlIng accountmg and housmg staff. . Special Events Manager hired on premise he/she has full control over event planning and execution. . Additional mone rovided. December 9,2008 Chairman Taylor and CRA Board Members City of Boynton Beach Re: Board Member Misconduct Dear Board: It is apparent the issues between Board Member Rodriguez and myself continue to present a problem in conducting the Board's business. When I filed a complaint in January of this year it was my expectation that we could come to some kind of resolution amenable to both of us. However, the outcome has not produced my expected results of resolving the conflict. Privately, Board members encouraged me to not pursue any further action against Board Member Rodriguez. My understanding of these discussions was their intent would be to speak with him and encourage him to monitor his aggressive behavior towards me. In the spirit of moving the agency forward, I agreed to follow the guidance of these Board members to discontinue my efforts in the formal complaint process. At the November 5th CRA Board meeting, Board Member Rodriguez accused me of "gross misconduct" and of "misleading" the board. In order to address those accusations, I produced two costly agenda items providing a complete factorial history in tonight's board packet as a proper response. It was my hope that by providing such extensive analysis to Board Member Rodriguez's accusations that he would treat me with professional courtesy. Additionally, my positive annual review and the board's unanimous decision to provide me a merit raise was a signal to me as a vote of confidence in my performance and the overall agency results. I must remind the Board that Board Member Rodriguez neglected to complete the CRA Board approved Performance Appraisal. The Performance Appraisal serves as the essential tool for outlining the upcoming year's expectations. JOIN THE FUN AND FESTIVITIES As Boynton and Delray Beach present the... Annual Holiday Boat Parade Friday, December 12,2008 6:30 P.M. Presented by: Auburn . - - ~A.h.ra ~GrvIqt The Parade begins at the Boynton Beach Inlet and proceeds south to the C-15 canal, south of Delray Beach Viewing area at the Boynton Harbor Marina near Two Georges Waterfront Grille Parking available at First Financial Plaza Please bring new, unwrapped toys for Toys-for-Tots donation Food & drink vendors available To enter your boat call Rob Larson: 735-7955 Event Information: 742-6246 PETS ARE NOT PERMITTED '~~ IIR~e~ICRA .EutSldt-WestSde--s..as.tdt-IW:Mnanc~ %W .; ", ,/":./.. l.;:~<'.. f ..'~'." +'-1 I > ' \,.'\.~\Z ;7'> '" '''I' ''', H"d ."t"'. . !!, I' ,1111 I, ,It:l !"hl .....-..TOR BOYNTON BEACH CHAM_ 0' ~ftCE . Join us f.r"i$,.ar'S~.'i~;,It"'..',_d~H~r Marina on December 12th and bring a Toys-for-Totsdonation. . Receive special drink offers at Two George's Waterfront Grille, Banana Boat and Prime Catch with each new, unwrapped toy. DURING THE PARADE: When you see the "Toys-for- Tots" boat, signal the vessel with your flashlight for toy pick-up from your dock! OTHER FUN WAYS TO GET INVOLVED Organize toy collections at work, holiday parties and gift exchanges. Allow your children to select donation gifts to help a child in need and experience the true meaning of the holidays. All donations made prior to December 12 must be dropped off at one of the locations listed below: Community Redevelopment Agency - 915 S. Federal Highway Schoolhouse Children's Museum - 129 E. Ocean Avenue Boynton Beach Library - 208 S. Seacrest Blvd Boynton Beach Chamber of Commerce - new location - 1880 N. Congress Avenue #106 FOR MORE INFORMATION PLEASE CALL 561-737-3256 OR VISIT OUR WEBSITE www.boyntonbeachcra.com Lver,y Child Deserves a T o,y tor the Holida,ys ONT I)o,ynton I)each OCEANFRONT CONCE.RT SE.RIE.S Oceanfront Fark 6+15 N. Ocean .5lvd. On A 1 A,just North of the Ocean Avenue bridge. F ark and Ride on the shuttle-park at .5ank of America on the corner of East Ocean Avenue and Federal Highwa~. Shuttle runs from 5:}O FM to 9:}O FM. 5ring ~our folding chairs and prepare to dance the night awa~! Food 6> Drinks available. Flease leave pets at home! For Information call: 561-7+2-62+6 or 7}7-}256. ~Jfl'W~tRA ilIIi East Side-West S"rde-Seaslde Renaissance . ''".-Jj5~''JuJ PafmBeachPost.com Family Fun Day Carolyn Sims Community Center Saturday, February 7, 2009 12:00 p.m. - 6:00 p.m. 12:00 p.m. - 12:15 p.m. Welcome/ Family Rule Discussion 12:15 p.m. - Stage Entertainment 1. Church Choirs 2. Elementary School Choirs 3. High School Choirs 4. Step Teams 5. Local Talent Acts 6. Raffles 12:15 - 5:30 p.m. Stage Music 2:00 p.m. - 3:00 p.m. Football Field Activities 1. Family Obstacle Course 2. Family Tug A War 3. Family Relay Races 4. Family Sack Races 5. Raffles 3:00 p.m. - 4:00 p.m. (Big Tent Activities) 1. Judging of Cake Contest (Must be Homemade) 2. Judging of Barbecue Contest (Must be Home cooked) 3. Watermelon Eating Contest 4. Pie Eating Contest 4:00 p.m. - 5:15 p.m. Inside Activities (Main Auditorium) 1. Adult Domino Tournament 2. Adult Card Playing Team Contest 3. Adult Checker Playing Contest 4:00 p.m. - 5: 15 p.m. Inside Activities (2nd Floor Game Room) 1. Youth Ping Pong Tournament 2. Youth Video Game Contest 3. Youth Pool Contest 4:00 p.m. - 5: 15 p.m. Basketball Court 1. Family Free Throw Contest (4 per team) 2. Family Three Point Shot Contest (4 per team) 5:30 p.m. Family Presentation of Awards & Raffles 6:00 p.m. Closing Remarks December 9, 2008 Chairman Taylor and CRA Board Members City of Boynton Beach Re: Board Member Misconduct Dear Board: It is apparent the issues between Board Member Rodriguez and myself continue to present a problem in conducting the Board’s business. When I filed a complaint in January of this year it was my expectation that we could come to some kind of resolution amenable to both of us. However, the outcome has not produced my expected results of resolving the conflict. Privately, Board members encouraged me to not pursue any further action against Board Member Rodriguez. My understanding of these discussions was their intent would be to speak with him and encourage him to monitor his aggressive behavior towards me. In the spirit of moving the agency forward, I agreed to follow the guidance of these Board members to discontinue my efforts in the formal complaint process. th At the November 5 CRA Board meeting, Board Member Rodriguez accused me of “gross misconduct” and of “misleading” the board. In order to address those accusations, I produced two costly agenda items providing a complete factorial history in tonight’s board packet as a proper response. It was my hope that by providing such extensive analysis to Board Member Rodriguez’s accusations that he would treat me with professional courtesy. Additionally, my positive annual review and the board’s unanimous decision to provide me a merit raise was a signal to me as a vote of confidence in my performance and the overall agency results. I must remind the Board that Board Member Rodriguez neglected to complete the CRA Board approved Performance Appraisal. The Performance Appraisal serves as the essential tool for outlining the upcoming year’s expectations. Page 2 CRA Board December 9, 2008 th Moreover, at Board Member Rodriguez’s request at the August 9 CRA meeting he directed staff to prepare a line item budget detail of operating expenses. He stated once he received and reviewed the materials he would then schedule a one-on-one meeting with CRA staff. To date, he has not met with any CRA staff member to discuss the FY08-09 CRA Budget. After receiving numerous comments and requests from concerned citizens of Boynton Beach regarding Board Member Rodriguez’s accusations, body language, inaudible remarks, and overall public displays of outrage, anger and disapproval when speaking to me, this has led me to request a more formal process be instituted to improve our professional relationship and to improve the professionalism in which the Board’s business is conducted. Based on Board Member Rodriguez’s past actions, it leads me to believe that I, as Executive Director, am not meeting his expectations. Therefore, I request the CRA Board recommend Board Member Rodriguez clearly outline in writing his expectations for my role as Executive Director. I also request he and I attend mediation with a certified mediator no later than January 15, 2009. My expected outcome of the mediation process will be for him to respect my authority as executive director in order for me to carry out my duties, to address me with respect and civility in the public forum and to attend regularly scheduled meetings to improve both agency and board meeting efficiency. Please know my goal is to continue moving the agency’s redevelopment and economic development agenda forward. It is my hope the Board recognizes the counterproductive issue between Board Member Rodriguez and myself and strives to efficiently reach a mutually agreeable resolution. Very truly yours, Lisa Bright Executive Director