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Agenda 11-03-10 Special Trolley Meeting '~J.-' .~'_. .,-!If,'',,,, . ~ '.,":'~' e" ,_, \ · ~~Y~Te~lcRA 16 East Side-West Side-Seaside Renaissance REVISED Special Meeting of the eRA Board Wednesday, November 3, 2010 at 6:00 pm (Prior to the City Commission Meeting) Boynton Beach City Hall 100 E. Boynton Beach Blvd. Boynton Beach, FL 33435 I. Call to Ordc.' - Chairman Jose Rodriguez II. Roll Call III. Discussion of Trolley Contract, Appropriation of Funding and Budget Amendment IV. Consideration of Appro,'in~ Fundin~ to the Boynton Beach High School Choir to Participate in the Holiday Parade and Concert V. Public Comments VI. Adjou....mellt NOTICE IF A PERSON D1'C'II>ES ro AI'I'EAL ANY DECISION MADE BY THE eRA BOARD WI rJl RESPEC I I () ANY MAHER CONSIDERED AT TillS MEETING, III')SIIE WILL NEED A RECORD OF THE PROCEEDINGS AND, FOR SUt'lIPURI'OSE, liE/SHE MAY NEED TO ENSURE IIIAT A VERBATIM RECORD Of THE PROCEEDING IS MADE, WIIICII RECORD INCLlJDES THE TESTIMONY AND EVIOENCE UPON WHICH THE APPEAL IS TO BE BASED. (F.S. 2R6.01 05) Till.. CRA SIIAIL FUllNISII AI'I'ROI'RIA 1 E AUXILIARY AIDS AND SERVICES WIIERE NECESSARY TO AFFORD AN INDIVIDUAL WITlI A D1SAUllITY AN EQUAL OPPORTUNITY TO PAIr! Il"ll'AI E IN AND ENJOY TilE BENEFITS OF A SERVICE, PROGRAM. OR AC IIVII Y CONDUCTED BY THE lHY. PLEASE CONIACI IIIE CRA AT (561) 737-3256 AT LEAST TWENTY-FOUR 1I0llRS I'RIOR TO THE MFElING PROGRAM OR AC Ilvn Y IN ORDER FOR THE CR1\ TO REASONABLY ACCOMMODA' E YOIIR REQUEST. L S : II WV I - hDN 0 l J..J.U;lO S.>lcl31:J AllJ 915 South Federal Highway, Boynton Beach, FIH~~ NO UL, 0 8 .:J U ^ 1! ~ Phone: 561-737-3256 Fax: 561-737-3258 ,'~J -- . ':::~M= /' .....'.., ~,~. , ! ~<tY~T2~ICRA ~ East Side- West Side-Seaside Renaissance REVISED Special Meeting of the eRA Board Wednesday, November 3, 2010 at 6:00 pm (Prior to the City Commission Meeting) Boynton Beach City Hall 100 E. Boynton Beach Blvd. Boynton Beach, FL 33435 I. Call to Ordcl' - Chairman Jose Rodriguez II. Roll Call III. Discussion of Trolley Contract, Appropriation of Funding and Budget Amendment IV, Consideration of ApproYing Funding to the Boynton Beach Bigh School Choir to Participate in the Holiday Parade and Concert V, Public COlllments VI. Adjournment NOTICE IF A PEIlSON DECIDES In APPEAl. ANY DEClSION MADE BY THE CRA BOARD WITII RESPEC I 10 ANY MATTER CONSIDERED AT TIllS MEEIINO. III')SIIE WIl.l. NEED A RECORD OF THE PROCEEI>INGS AND, FOR SUCII PlJllI'OSE, IIF)SIIE MAYNEI'D TO ENSURE IIIAT A VERBATIM RECORD or THE PROCEEDlNO IS MADE, WIIIClI RECORDINCllJDES THE TESTIMONY AND EVIOENCE UPON WHICH THE APPEAL IS TO BE BASEl>. (F,s,2116.0105) Till; CRA 511AI L FURNISII Al'l'ROI'RIAl E AUXILIARY AIDS AND SERVICES WIIERE NECESSAIlY TO AFFORD AN INDIVIDUAL WITH A DISABILITY AN EQUAL OPPORTUNITI' TO PAR11nPAI E IN AND ENJOY TIlE BENEFITS OF A SERVICE. PROGRMI, Oil ACIIVIIY CONDUCTED IlY THE CITY. Pl.EASE CON I AC I TIlE CIlA AT (561 ) 737-3256 AT lEAST nVENTY-FOllR 1I0URS PRIOR TO THE MFE1ING PIWGllAM Oil ACIIVIIY IN ORDER FOR THE eRA TO REASONABl.Y ACCOMMODAI E YOUR IlEQUEST. L S : II WV I - ^ON 0 l J.:J.U.JO S.>ld3iJ /\lU 915 South Federal Highway, Boynton Beach, FIH~~ NO UL,08 .:lU ^ll~ Phone: 561-737-3256 Fax: 561-737-3258 eRA BOARD MEETING OF: November 3, 2010 I Consent Agenda IX I Old Business I I New Business Legal I Executive Director's Report SUBJECT: Discussion of Trolley service and Contract, appropriation offunding, and budget amendment. SUMMARY: On October 12, 2010, the CRA Board voted to defer the payment on the Interlocal agreement between the CRA and City for work done on SE 4th Street in order to cover the cost of the trolley for four months to see if an alternative could be found to combine the Shopper Hopper and trolley. At the October 19, 2010 City Commission meeting, the Commission voted not to waive or defer the payment terms of the Interlocal agreement therefore effectively removing the funding for the 4-month trolley amendment. If the CRA Board wishes to continue funding the trolley, it must appropriate funding and pass a budget amendment. Also for the Board's consideration is a recent Advisory Legal Opinion issued by Florida Attorney General, Bill McCollum to the City of Sanford CRA in which he states; "Pursuant to subsection (1) of the statute, funds allocated to and deposited into the fund shall be used by a community redevelopment agency "to finance or refinance any community redevelopment it undertakes pursuant to the approved community redevelopment plan." While the CRA has been funding the trolley for a number of years, this activity is not mentioned in any adopted redevelopment plan except in the Downtown Vision and Master Plan where it recommends the creation of a downtown route when the Transit Oriented Development area of the DMP is developed. Therefore, the Attorney General's recent opinion should be considered in determining the nexus between the trolley and redevelopment. ISCAL IMP ACT: To be determined. CRA PLAN, PROGRAM OR PROJECT: N/A RECOMMENDA TIONS/OPTIONS: Provide staff with direction and if necessary, approve a budget amendment to cover to cost of the Board direction. ~iU~ J;6~ Interim Executive Director T:\AGENDAS. CONSENT AGENDAS. MONTHLY REPORTS\Comoleted Aoenda Item Request Forms bv Meelino\FY 2010 - 2011 Board Meetinos\11-3-10 Soecial Meetino\Trollev (21.doc Advisory Legal Opinion - Community Redevlopment, promctionat activities Page 1 of? Florida Attorney General Advisory Legal Opinion Number: AGO 2010-40 Date: September 27. 2010 Subject: Community Redevlopment. promotional activities Mr, Lonnie Groot 1001 Heathrow Park Lane Suite 4001 Lake Mary, Florida 32146 RE: COMMUNITY REDEVELOPMENT - MUNICIPALITIES - use of communi ty redevelopment funds for promotional activities. Part III, Ch. 163, Fla, Stat, Dear Mr. Groot: On behalf of the Ci,ty of Sanford Commission, you ask substantially the following question: May the City of Sanford's Community Rede~elopment Agency expend funds for festivals or street parties designed to promote tourism and eoonomio development, advertisements for stich events, grants to entities which promote tourism and economic development, and grants to non-profit entities providing socially beneficial programs? In sum: Promoting the use of a redeveloped area would appear to fall within the purposes of the oommunity redevelopment act. Use of oommunity redevelopment funds to pay entities promoting tourism ,or providing sooially beneficial programs, however, does .not have an apparent nexus to carrying out the purposes of the oommunity redevelopment act. You state that the' City ~f Sanford has impiemented the provisions of the Community Redevelopment Act of 1969, Part III, Chapter 16~, Florida Statutes, in oreating the C;ity of Sanford Community Redevelopment Agency (SeRA). The SeRA.proposes to use funds to stage fes~ivals or street parties to promote tourism and economic development, to provide grants to entities that enoourage tourism and eoonomic development, and to provide grants to non-profit entities which provide a wide range of socially beneficial programs. The question has arisen, however, whether such expenditures may be paid by the seRA. http://www.myfloridalegal.com/ago.nsf/printview/04E2C882A9329CoAs52577 ABOO6BO:.. 9/28/2010 Advisory Legal Opinion - Community Redevlopment, promotional activities Page 2 of7 Pursuant to the act, a local government may dete~ne that an area is a slum or is blighted and designate such area as appropriate for community redevelopment. [1] The Legislature has declared that slum and blighted areas constitute a serious and growing menace to the public health, safety, morals, and welfare of the"residents of the state,[2] To address this matter, local governments, upon adoption of a resolution based upon legislative findings that the conditions in an area meet specified criteria desdribed in the act, may create a community redevelopment agency. [3] The agency's purpose is to carry out community redevelopment purposes set forth in the act,[4] "Communi ty redevelopment" or "redevelopment" is defined in the act as: "undertakings, activities, or projects of a county, municipality, or community redevelopment agency in a community redevelopment area for the elimination and prevention of the development or spread of slums and blight, or for the reduction or prevention of crime, or for the provision of affordable housing, whether for rent or for sale, to residents of low or moderate income, including the elderly, and may include slum clearance and redevelopment in a community redevelopment area or rehabilitation and revitalization of coastal resort and tourist areas that are deteriorating and economically distressed, or rehabilitation or conservation in a community redevelopment area, or any combination or part thereof, in accordance with a community , redevelopment plan and may include the preparation of such a plan, "[5] Among the powers granted by the act to carry out community redevelopment are: to make contracts; to disseminate slum clearance and community redevelopment information; to undertake community redevelopment and related activities; [6] to furnish or repair streets, public utilities, playgrounds, and other public improvements; to hold or dispose of property for redevelopment. [7] Section 163,387, Florida statutes, establishes a redevelopment trust fund for each community redevelopment agency created pursuant to section 163.356, Florida statutes, and provides for its annual funding. Pursuant to subsection (1) of the statute, funds allocated to and deposited into the fund shall be used by a community redevelopment agency "to finance or refinance any community redevelopment it undertakes pursuant to the approved community redevelopment plan." The expenditure of moneys in the redevelopment trust fund is specifically authorized by s~ction 163,387(6), Florida statutes, "for undertakings of a community redevelopment agency as described in the community redevelopment plan," including, but not limited to: "(a) Administrative and overhead expenses necessary or incidental to the implementation of1a community redevelopment plan adopted by the agency, (b) Expenses of redevelopment planning, surveys, and financial http://www.myfloridalegal.com/ago.nsf/printview/04E2C882A9329COA852577 ABOO6BO... 9/28/2010 Advisory Legal Opinion - Community Redevlopment, promotional activities Page 3 of? analysis, inoluding the reimbursement of the governing bOdy or the community redevelopment agency for suoh 8XJlenses inourred before the redevelopment plan was approved and adopted. (c) The acquisition of real property in the redevelopment area, (d) The clearance and preparation of any redevelopment area for redevelopment and relocation of site ocoupants within or outs~de the community redevelopment area as provided in s. 163.370. (e) The repayment of prinoipal and interest or any redemption premium for loans, advanoes, bonds, bond aD:tioipation notes, and any other form of indebtedness. (f) All expenses inoidental to or connected with the issuanoe, sale, redemption, retirement, or purchase of bonds, bond antioipation notes, or other form of indebtedness, i.n~luding funding of any reserve, redemption, or'other fund Qr account provided for in the ordinance or resoluti.on authorizing suoh bonds, notes, or other form of indebtedness. (g) The development of affordable housi.ng within the community redevelopment area. (h) The development of conununity policing innovations." While the statute specifically states that t~euse of community redevelopment trust funds is not limited to those purposes enumerated. therein, the'community.redevelopment agency is a statutorily oreated administrative agency that may only exercise those powers that have been expressly granted by statute or that are neoessarily exeroised, in order to carry out an express power. [a] Any reasonab~e doubt as to the lawful existence of a partioular power sought to be exercised must be resolved against the exercise thereof. [9] Moreover, it is well settled that legislative intent is the polestar that guides a court's sta.tutory construotion analysis[10] and would, therefore, limit the expenditures by the community redevelopment agency. I would note that the Redevelopment Plan and Finding of Necessity for the Lake Monroe Waterfront and Downtown Sanford' Redevelopment ~ea[11]' contains a "Promotional Marketing" component, recognizing the importance of funding for events, advertising and marketing to bring people ,to the re~evelopment area. 'l'he plan notes that the SCRA. budget is subject to approval by the, City of Sanford. Therefore, ultimately, it is a decision for the governing body of the City of Sanford to determine whether promotional expenditures may be included in the seRA budget. Although a city has home rule powers, in ma,tters involving the imposition of a tax and the expenditure of the proceeds from such a tax, the city must be able to point to statutory or constitutional authority. [12] The courts of this state have recognized the general rule that ,tax revenues must be expended for. the purposes for which they were collected, that is, funds raised by taxation for one purpose cannot be diverted to another use. [13] In addition, this office has stated, for example, that moneys colleoted pursuant to the original ordinanoe imposing a tourist development tax could only be used to accomplish the purposes set forth in the original plan for http://www.myfloridalegal.com/ago.nsf/printview/04E2C882A9329COA8S2S77 ABOO6BO... 9/28/2010 Advisory Legal Opinion - Community Redevlopment, promotional activities Page 4 of7 tourist development and could not be expended for the purposes set forth in the new ordinance or considered in a new tourist development plan. [14] As discussed above, it would appear that the primary focus of a oommunity redevelopment agency is to eliminate and prevent the. development or spread of slums and blight. This may be accomplished by reducing or preventing crime, by providing affordable housing, clearing slums and redeveloping in a community redevelopment area, or by rehabilitating or conserving in a community redevelopment area, or any combination or part thereof. The enumerated uses of community redevelopment trust fund moneys are likewise oouched in te~s of redevelopment activities involving "b~icks and mortar" in a manner of speaking, rather than promotional campaigns to encourage people to populate the area once the redevelopment has been accomplished. However, to read the statute, as precluding the promotion of a redeveloped area once the infrastructure has been completed would be 'narrowly viewing community redevelopment as a static process. Accordingly, .1 cannot say that the use of community redevelopment funds would be so li~ted that the expenditure of funds for the promotion of a redeveloped area would be prohibited. However, grants to entities which promote tourism and econo~c development, as well as to nonprofits providing socially beneficial programs would appear outside.the scope of the community redevelopment act. Sincerely, Bill McCollUm Attorney General 8M/tals [1] See s.163.358, Fla. stat. [2] Section 163.335(1), Fla. Stat. [3] Section 163.355, Fla. Stat. Subsections 163.340(7) and (8), Fla. stat., provide definitions for U[s]lum area" and for U[b]lighted area" for purposes of the act: U(7) 'Slum area' means an area having physical or economic conditions conducive to disease, infant mortality, juvenile delinquency, poverty, or crime because there is a predominance'of buildings or improvements. . . which are impaired by reason of dilapidation, deterioration, age, or obsolesoence, and exhibiting one or more of the following factors: (a) Inadequate provision for ventilation, light, air, sanitation, or http://www.mytloridalegal.com/ago.nsf/printview/04E2C882A9329COA852577 ABOO6BO... 9/28/2010 ,~/*" ^.~i'" ~<tY~T2~lc RA . East SideNWest SideNSeaside Renaissance eRA BOARD MEETING OF: November 3, 2010 I Consent Agenda I I Old Business I I New Business Legal I Executive Director's Report SUBJECT: Consideration of approving funding to the Boynton Beach High School Choir SUMMARY: The Boynton Beach High School Choir, under the direction of Sterling Frederick, has consented to participate in the Holiday Parade and to perfonn at the beginning of the Holiday Concel1 on December 4, 2010. We typically pay groups to perfonn in this capacity and these funds are available in the Special Events Budget. FISCAL IMPACT: $1,000,00 CRA PLAN, PROGRAM OR PROJECT: eRA Budget line item 02-58500-480 RECOMMENDA TIONS/OPTIONS: Approval of this expenditure.