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Agenda 11-09-10 CRA Board Meeting Tuesday, November 9, 2010 at 6:00 PM City Commission Chambers 100 E. Boynton Beach Blvd Boynton Beach, FL 33435 I. Call to Order - Chairman Jose Rodriguez II. Pledge to the Flag and Invocation III. Roll Call IV. Legal A. RECESS FOR CLOSED DOOR ATTORNEY/CLIENT SESSION Pursuant to Section 286.011(8), Florida Statutes in the Case of Boynton Beach Community Redevelopment Agency adv. Splashdown Divers, Inc. – Case No. 502010CA012453XXXXMB This closed door session was requested by the CRA Attorney at the CRA Board Meeting held on October 12, 2010. Length of time – approx. 30 minutes V. Agenda Approval: A. Additions, Deletions, Corrections to the Agenda B. Adoption of Agenda VI. Informational Items by Board Members & CRA Attorney: VII. Announcements & Awards: A. Holiday Extravaganza B. Holiday Boat Parade VIII. Consent Agenda: A. Approval of Minutes – CRA Special Meeting, August 17, 2010 B. Approval of Minutes – CRA Special Meeting, August 31, 2010 C. Approval of Minutes – CRA Board Meeting, September 14, 2010 D. Approval of Minutes – CRA Special Meeting, September 21, 2010 E. Approval of Minutes – CRA Board Meeting, October 12, 2010 F. Approval of Period Ended October 31, 2010 Financial Report G. Monthly Procurement Purchase Orders H. Approval of Purchase Agreement and Development Agreement between the CRA and Habitat for Humanity for Four Vacant Lots in the Heart of Boynton IX.Pulled Consent Agenda Items : X. Information Only: A. CRA Policing Activity Reports B. Public Comment Log C. Complaints – Re: The Preserve, Rental Units D. Publication: The Role of Elected Officials in Economic Development E. Florida Fishing Academy Newsletter Thanking Supporters F. CRA Holidays for 2011 G. Community Caring Center’s Harvest Moon Ball Invitation XI. Public Comments : (Note: comments are limited to 3 minutes in duration) XII. Old Business: A. Consideration of Amending Public Records Portion of CRA Administration Policy Manual B. Consideration of Approval for an Alternate Location for the Temporary Fish Catch Display Board at the Boynton Harbor Marina XIII.New Business: A. Consideration of Color Palette for Buildings within the CRA B. Consideration of Salary Adjustment for Interim Executive Director C. Consideration of Resolution No. 10-02 Amending the CRA Budget in the Amount of $52,824 for Trolley Expenses XIV. Interim Executive Director’s Report A. Project Status Update XV.Future Agenda Items: A. “Where the locals go…..” (see above - Interim Executive Director’s Report – Project Status Update) B. Discussion Regarding Process for Replacement of Executive Director – Tabled 10/12/10 XVI.Adjournment NOTICE IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE CRA BOARD WITH RESPECT TO ANY MATTER CONSIDERED AT ,/,,/ THIS MEETING HESHE WILL NEED A RECORD OF THE PROCEEDINGS AND FOR SUCH PURPOSE HESHE MAY NEED TO ENSURE , THAT A VERBATIM RECORD OF THE PROCEEDING IS MADE WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON .(..286.0105) WHICH THE APPEAL IS TO BE BASED FS THE CRA SHALL FURNISH APPROPRIATE AUXILIARY AIDS AND SERVICES WHERE NECESSARY TO AFFORD AN INDIVIDUAL WITH ,, A DISABILITY AN EQUAL OPPORTUNITY TO PARTICIPATE IN AND ENJOY THE BENEFITS OF A SERVICE PROGRAM OR ACTIVITY .(561)737-3256- CONDUCTED BY THE CITY PLEASE CONTACT THE CRA AT AT LEAST TWENTYFOUR HOURS PRIOR TO THE . MEETING PROGRAM OR ACTIVITY IN ORDER FOR THE CRA TO REASONABLY ACCOMMODATE YOUR REQUEST lit ~$. ~~Y~T8~ Ie RA . East Side-West S.,de-Seaside Renaissance CRA Board Meeting Tuesday, November 9,2010 at 6:00 PM City Commission Chambers 100 E. Boynton Beach Blvd Boynton Beach, FL 33435 I. Call to Order - Chairman Jose Rodriguez II. Pledge to the Flag and Invocation III. Roll Call IV. Legal A. RECESS FOR CLOSED DOOR ATTORNEY/CLIENT SESSION Pursuant to Section 286.011 (8), Florida Statutes in the Case of Boynton Beach Community Redevelopment Agency adv. Splashdown Divers, Inc. - Case No. 5020 I OCAO I 2453XXXXMB This closed door session was requested by the CRA Attorney at the CRA Board Meeting held on October 12,2010. Length of time - approx. 30 minutes V. Agenda Approval: A. Additions, Deletions, Corrections to the Agenda B. Adoption of Agenda VI. Informational Items by Board Members & CRA Attorney: VII. Announcements & Awards: A. Holiday Extravaganza B. Holiday Boat Parade VIII. Consent Agenda: A. Approval of Minutes - CRA Special Meeting, August 17,2010 B. Approval of Minutes - CRA Special Meeting, August 31, 20 I 0 C. Approval of Minutes - CRA Board Meeting, September 14, 20 10 D. Approval of Minutes - CRA Special Meeting, September 21, 2010 E. Approval of Minutes - CRA Board Meeting, October 12, 2010 F. Approval of Period Ended October 31,2010 Financial Report G. Monthly Procurement Purchase Orders H. Approval of Purchase Agreement and Development Agreement between the CRA and Habitat for Humanity for Four Vacant Lots in the Heart of Boynton IX. Pulled Consent Agenda Items: X. Information Only: A. CRA Policing Activity Reports B. Public Comment Log C. Complaints - Re: The Preserve, Rental Units D. Publication: The Role of Elected Officials in Economic Development E. Florida Fishing Academy Newsletter Thanking Supporters F. CRA Holidays for 20 II G. Community Caring Center's Harvest Moon Ball Invitation XI. Public Comments: (Note: comments are limited to 3 minutes in duration) XII. Old Business: A. Consideration of Amending Public Records Portion of CRA Administration Policy Manual B. Consideration of Approval for an Alternate Location for the Temporary Fish Catch Display Board at the Boynton Harbor Marina XIII. New Business: A. Consideration of Color Palette for Buildings within the CRA B. Consideration of Salary Adjustment for Interim Executive Director C. Consideration of Resolution No. 10-02 Amending the CRA Budget in the Amount of $52,824 for Trolley Expenses XIV. Interim Executive Director's Report A. Project Status Update XV. Future Agenda Items: A. "Where the locals go.. ..." (see above - Interim Executive Director's Report- Project Status Update) B. Discussion Regarding Process for Replacement of Executive Director - Tabled 10/12/1 0 XVI. Adjournment NOTICE IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE CRA BOARD WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING, HE/SHE WILL NEED A RECORD OF THE PROCEEDINGS AND, FOR SUCH PURPOSE, HE/SHE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDING IS MADE, WHICH RECORD INC'LUDES THE TESTIMONY AND EVIDENC'E UPON WHICH THE APPEAL IS TO BE BASED. (F.S. 286.0105) THE C'RA SHALL FURNISH APPROPRIATE AUXILIARY AIDS AND SERVICES WHERE NEC'ESSARY TO AFFORD AN INDIVIDUAL WITH A DISABILITY AN EQUAL OPPORTUNITY TO PARTICIPATE IN AND ENJOY THE BENEFITS OF A SERVICE, PROGRAM, OR AC'TlVITY C'ONDUC'TED BY THE CITY. PLEASE CONTACT THE CRA AT (561) 737-3256 AT LEAST TWENTY-FOUR HOURS PRIOR TO THE MEETING PROGRAM OR ACTIVITY IN ORDER FOR THE C'RA TO REASONABLY ACCOMMODATE YOUR REQUEST. IV. LEGAL: A. Recess for Closed Door Attorney/Client Session VII. ANNOUNCEMENTS & AWARDS: A. Holiday Extravaganza eRA BOARD MEETING OF: November 9, 2010 I Consent Agenda Old Business New Business Public Hearing I X I Other SUBJECT: Holiday Extravaganza - Saturday, December 4, 2010. SUMMARY: · Boynton Beach presents "Holiday Extravaganza". · Saturday, December 5, 2009 · Parade runs from 5:00pm to 6:30pm, North in the Southbound lane of Federal Hwy., from SE 1 th Avenue to Ocean Avenue. · Tree, Menorah and Kwanza Lightings will take place at 6:45pm at the Schoolhouse Children's Museum at 129 East Ocean Avenue Gust east of Sea crest). · FREE Concert starts at 7:00pm until10:00pm on East Ocean Avenue between Seacrest and NE 1 st. Street. · Food and beverage vendors will be available. · No pets please. · Free shuttle service from the Bank of America on the NE corner of Federal Hwy. & Ocean Ave. to the concert site will be available from 6:30pm until 10:30pm. · Everyone is encouraged to bring new unwrapped toys for Toys for Tots. FISCAL IMP ACT: Budgeted in line item 58500-480. RECOMMENDA TIONS: None ~tb~ Kathy Biscuiti Special Events Director ~ I EXTRAVAGANZA 'ATURDAY, DlelMll1 4 {~"> 5:00 p.m. 40th Annual Holiday Parade North on Federal Hwy. from SE 12th to Ocean Ave. Boynton Beach Presents {:} 6:30 p.m. Lighting Ceremony Ocean Ave. between Sea crest Blvd and SE 1st St. {~"> 7:00 p.m. FREE Concert feAturing BRAT PACK Ocean Ave. between Sea crest Blvd and SE 1st St. Food & beverages available. No pets. Ride the FREE trolley - park at Bank of America on corner of E Ocean Ave and Federal Hwy, 6:00 - 11:00 p.m. Information Line: 561-742-6246 www.boyntonbeachcra.com J; ~~~Y~T2~ eRA Maroone . ~"f'SUl~ jliE.stSidC~WcstS'ldc~se."'deRen'iss.ncc an~ company --"" .", ,.... , Thc P.llm Bcach Post , If I . Boynton Beach & Delray Beach Present t' tRY~T8rCRA ~ E3H 5,d,.,...We1or ~.d~...S~,~,df kcq"'S'U:r"Ct Friday, December 10 6:30 p.m. Parade begins at the Bo~nton Beach Inlet and proceeds south to the C-15 canal, south of Delray Beach Viewing area located throughout the parade route, and at BQynton Harbor Marina near Two Georges Waterfront Grille Parking available at First Financial Plaza, NE corner of Ocean Ave. and Federal Hwy. Food & Drink Vendors available No Pets Please! To enter your boat, call 737-3256 x 219. crt ~.[t ~ SEA~~-mw lIlt }'.ddll\( .1111 !'lH /?I~\" ~ L . l' " ,.' ~ I , " ,..' '._-"~ /'_.J ',.....: '.,",,' ~.~I!,e ,~n~~~~~e~_ AS~O~~ilt,l~n BOYNTON BEACH CHAMBER OF COMMEACl': Event Information: 742.6246 or visit www.boyntonbeachcra.com ~r ~<!Y~T8~ ,RA 6 East Side-West Side-Seaside Rena.,ssance eRA BOARD MEETING OF: November 9. 2010 I I Consent Agenda Old Business New Business Public Hearing I X I __._._n_j Other SUBJECT: Holiday Boat Parade - Friday, December 10, 2010 SUMMARY: · Friday, December 10,2010 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 area at the Boynton Harbor Marina · Live entertainment · Food and drinks available for purchase. · Please bring new, unwrapped toys for Toys for Tots · US Marines will be on land and water for toy collection · No pets please. · Parking is available at the Bank of America and Financial Plaza parking lots. · To enter your boat in the parade, call the CRA 737-3256 or the Boynton Harbor Marina - Rob Larson at 735-7955. FISCAL IMPACT: Budgeted in line item 58500-480. RECOMMENDATIONS: None ~~~- Kathy Biscui i Special Events Director VII. ANNOUNCEMENTS & AWARDS: B. Holiday Boat Parade · December 10: Join us for the H()IIC,1sy',8oat 'ParaGe at the S'oynton Harbor Marina and bring new, unwrapped toys for Toys for Tots. ( 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 expereince the true menaing of the holidays. All donations made prior to December 10, must be dropped off at one of the locations listed below: Community Redevelopment Agency - 915 S. Federal Highway Senior Center -1021 S Federal Highway Civic Center -128 E Ocean Avenue Schoolhouse Children's Museum -129 E. Ocean Avenue Chamber of Commerce - 1880 N. Congress Avenue #106 For more Information: .81-742-8248 or visit www.boynton....chcr..com ("'1 VIII. CONSENT AGENDA: A. Approval of Minutes CRA Special Meeting, August 17, 2010 MINUTES OF THE SPECIAL COMMUNITY REDEVELOPMENT AGENCY BOARD MEETING HELD ON TUESDAY, AUGUST 17,2010 AT 6:30 PM IN THE CITY COMMISSION CHAMBERS CITY HALL. BOYNTON BEACH, FL PRESENT: Jose Rodriguez, Chair Marlene Ross, Vice Chair Woodrow Hay Steve Holzman William Orlove Lisa Bright. Executive Director James Cherot, Board Attorney I. Call to order - Chairman Jose Rodriguez Chair Rodriguez called the meeting to order at 7:12 p.m. Attorney Cherot requested that an item be added to cover the site development work on the Ocean Breeze West project and the contract with B&B that had been approved conditionally at a previous meeting for his research on the issue of compliance with procurement procedures. Attorney Cherot wanted to report the results ot his research and have a motion to either approve or disapprove the B&B contract unconditionally. Chair Rodriguez indicated it would be added as Item 3.A. Motion Mr. Orlove moved to add Item 3.A to the agenda regarding the contract with B&B and the Ocean Breeze development. Vice Chair Ross seconded the motion. The motion passed. II. Roll Call The Deputy City Clerk called the roll revealing all members were present. III. Review and approval of Lease for 710 N. Federal Highway (Holiday House) Meeting Minutes Community Redevelopment Agency Board Boynton Beach, FL August 17, 2010 Attorney Cherof disclosed a phone conference had been held to discuss the draft lease. A negotiated lease agreement was agreed upon. Three points were not agreed upon that are important issues. The annual escalation clause for payment of rent included a 5% annual increase over the term of the lease. Two alternatives suggested were any increases would be based on the Consumer Price Index (CPI) or link the rent based upon any increase in revenue for the CRA based upon CRA property tax values. The CPI is level if not negative at this time and would result in little, if any, rent for the benefit of the landlord. There is an anticipation that a revenue increase for the CRA would allow for a higher rent payment Chair Rodriguez suggested the better approach would be using the revenue increase for the specific building rather than the entire CRA tax values. Lisa Bright, Executive Director of the CRA, replied it was a triple net lease so the property taxes on the unimproved portion is $22,000 a year. When improved the appraisal was anticipated to increase to $1.2 million. The discussion was that both parties would work to reduce the property taxes with the Property Tax Appraiser. The commercial lease requires the CRA would be responsible for the ad valorem property taxes. It would not be a normal practice to use Tax Increment Funding (TIF) monies to pay for real property taxes for a private property. Ms. Bright further clarified that the escalation costs were tied to the cost of financing any renovations with a 7% interest rate. The escalation would assist the owner in financing the renovation costs. Mr. Holzman inquired if the escalation of the rent could be pegged to escalation in the value of the property year-over-year. Ms. Bright disagreed and negotiations had ensued with the onus on the owner to justify the increase. With the declining real estate market. Ms. Bright felt the 5% escalation was too high. Arthur D'Almeida, 105 E. Palmetto Park Road, Boca Raton, recalled he had been instructed to keep the rental rate lower. He had started with a below market rental rate of $15.80 a square foot that had been included in a package deal to accommodate the budgetary problems. Mr. D'Almeida advised he would not recoup approximately $350,000 needed to renovate the building for six years assuming the 5% increase. There were 18 or 19 requested changes that he agreed to make and there was some flexibility in terms of the rental increase. He proposed a 5% increase tor the first three years, 3% for the second three years and then revert to a cost-ot-living increase for the final three years. Mr. Holzman felt the proposed increases were reasonable. Attorney Cherof advised there was no legal issue involved, it was purely a business point. Mr. Grlove confirmed the current rent for the extended six month lease was $3,700 2 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, FL August 17, 2010 up from $3,300 for 1,625 square feet. There would be 3,400 square feet at the Holiday House site. Mr. Hay remained opposed to the project even though he was sensitive to the need for improvement on north Federal Highway in District II. However, in his view improving one building would not necessarily bring more private investment to the area. He was concerned with the huge financial investment by the CRA for new office space in light of the crowded conditions being endured by the Police Department staff. Mr. Hay contended it was inconsistent for the CRA staff to give up their retirements and build new office space for over $1 million that would not ultimately be owned by the CRA. He urged the Board to direct staff to redirect their efforts to improve several properties along the Federal Highway Corridor. The fa~de grant program has not been fully utilized by the property owners. He maintained that putting the needs of staff before the needs of the citizens using the trolley system would be foolish. Mr. Hay preferred the monies that would be used to retrofit the interior of the new building, be divided among several businesses to improve their exteriors. He asserted the addition of a new building would only serve to make the other buildings appear more run down. There would also be the potential of driving a "social" wedge between the CRA staff and City staff. He would not support the project. Vice Chair Ross thanked Mr. D'Almeida for his diligence and patience. She remarked it was difficult to justify the dollars spent on one building and the prospect of helping several businesses with the same amount. There was not adequate facilities for the entire Police Department while nine CRA staff were getting elaborate work space. She speculated a new City Hall could include space for the CRA also in one building in the downtown area. Mr. Orlove concurred in part with Vice Chair Ross and Mr. Hay. He had questioned the viability of the project at the last meeting and had sought direction from the Legal Department on the advisability of getting into a situation like this. Attorney Cherof advised other governmental entitles did enter into leases for property to perform governmental functions and negotiate the points in the same manner as was being done. Mr. Orlove was not in favor of the proposed project. He did favor the Magnuson House, owned by the CRA as a new location for the office. Money would have to be expended to improve the building. The proposed project was not the proper way to redevelop the Federal Highway corridor in his view. The Ruth Jones Cottage, owned by the CRA, could be use to redevelop the CRA district. Mr. Holzman stressed the CRA funds cannot be used for City functions such as construction of a new Police Department or new City Hall. He emphasized the function of the CRA was not to own buildings that would come off the tax rolls. The Board and Commission continue to rationalize taking property taxes off the 3 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, FL August 17, 2010 rolls. Eventually the CRA would be finished with redevelopment and ownership of properties would not be feasible. Mr. Holzman suggested the rent increase be related to the CPI to garner more support for the property. The building would remain empty if the CRA does not assist the owner. Mr. Holzman did not understand why the money suggested to make improvements had not been spent. The proposed project could act as a catalyst for other improvements. Chair Rodriguez was disappointed and apologized to Mr. O'Almeida that the project may not proceed. It would be a huge opportunity to develop the north end of Federal Highway. Assisting with redevelopment is the core of the CRA activities. Economic development does not start with having an office building, rather helping others redevelop their buildings, increasing the property values for additional TIF to support other projects. Mr. O'Almeida proposed taking the CPI calculation to the lending bank for their approval. Mr. Orlove would consider the proposal. He also wanted to explore what would be necessary to make the building a useable office site and re- evaluate the lease arrangement. He remained opposed to spending thousands of dollars to make office space for the staff to use. It appeared to him that $88,000 would be spent for all the interior work plus the cost to move the CRA staff and appropriate furnishings obtained to use a space that is being rented. Chair Rodriguez noted $50,000 had been spent for neighborhood parties and events while redevelopment is being discouraged and the tax base is not increased. Mr. O'Almeida pointed out he did not approach the CRA to become a tenant in the building. He had worked and spent money to attempt to partner with the City and did not intend to offend anyone. He respected the Board's comments and had followed whatever direction had been given. There was a benefit to both the City and the landlord; however, it did not appear the City was interested in the proposition. He would review the figures again. The proposal included a new building on Federal Highway with 50 parking spaces and a section that could be sublet to offset the rent. There was considerable expense for a project of this magnitude. Mr. Orlove recalled the Chair had brought the project to Mr. O'Almeida's attention. He reiterated his concern that the eRA would be investing in a privately owned building. Mr. Hay remained firmly opposed to the project and promoted giving the funds to five other businesses along the corridor for a face- lift. Mr. Holzman wanted to hold Mr. Hay to follow through with giving the money to five businesses for improvements. Chair Rodriguez commented the CRA had bought many properties in the Heart of Boynton for as much as $500,000 only to tear down the buildings and have vacant lots for the purpose of redevelopment 4 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, FL August17,2010 The CRA is suppose to help the landlords and tenants to make improvements and redevelop properties. Motion Mr. Hay moved to kill the project in tenns ot going any further and direct staff to put together a commercial ta~ade grant setting aside an amount at $200,000 to present back to the Board. Chair Rodriguez pointed out the actual budgeted amount was $125,000 and $200,000 had not been allocated to the project. Motion Mr. Orlove made a substitute motion to table the lease agreement pending any further discussion with Mr. D'Almeida. Mr. Holzman seconded the motion. Attorney Cherat clarified it would not be a substitute motion. The first motion had failed for lack of a second. The motion passed 4-1 (Mr. Hay dissenting). Attorney Cherof distributed an additional agenda item. III.A. Approval of contract between the CRA and B & B Underground Contracting for site development of Ocean Breeze West in the amount of $431,720.08. Attorney Cherof explained there had been a motion to approve subject to his review of the procurement process that had been used. There was originally a reference in the original Agenda Cover Sheet to the bid being the lowest, responsible bid as verified by Simons and White Engineering that initiated the review of the procurement issue. Staff subsequently advised it was an error to include the reference to Simons and White. The Company was not involved in the bid verification and did not determine that B&B Underground Contracting was the lowest bidder. The revised Agenda Cover Sheet reflected that REG Architects determined B&B Underground Contracting was the lowest, responsible bidder. Attorney Cherofs review of the procurement process revealed nothing substantive would interfere with the award of the bid. He did find some irregularities in the bidding processes, including the fact REG was able to sign a contract on behalf of the eRA with Simons and White that would be another issue. Attorney Cherat would work with staff on the procurement process and fonnalizing and finalizing bidding documents. There was room for improvement, 5 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, FL August 17, 2010 but there was nothing in the award to B&B Underground Contracting that would prohibit the award of the contract Motion Mr. Hay moved to approve. Mr. Orlove seconded the motion. The motion passed unanimously. Mr. Holzman disclosed he had been contacted by the owner of a building at the corner of MLK Boulevard and the railroad who wanted to sell the building to the CRA. He would provide that information to the Executive Director. IV. Adjournment There being no further business to come before the Board, Chair Rodriguez properly adjourned the meeting at 7:56 p.m. " ....--:; IJI .( , C '. I "-~ ~' 'Idllf {( !!y{c / udlth A. Pyle, C~ . Deputy City Clerk 6 MINUTES OF THE SPECIAL COMMUNITY REDEVELOPMENT AGENCY BOARD MEETING HELD ON TUESDAY, AUGUST 31,2010 AT 6:30 PM IN THE BOYNTON BEACH LIBRARY, 208 S. SEACREST BLVD., BOYNTON BEACH, FL PRESENT: Jose Rodriguez, Chair Marlene Ross, Vice Chair Woodrow Hay Steve Holzman William Ortove Lisa Bright. Executive Director James Cherot, Board Attorney I. Call to Order Chair Rodriguez called the meeting to order at 6:30 p.m. after the opening ot the Special City Commission meeting. II Roll Call Roll call was not taken. All members were present. III. Update on Investigation of Executive Director Attorney Cherof informed the Board there had been several communications with Ms. Bright's attorney, articles in the Palm Beach Post relating to the investigation and a social encounter with the investigator retained. Attorney Cherot had been emailing the Board in an attempt to keep them apprised of the ongoing developments. Attorney Cherot reported it appeared Ms. Bright was under investigation by the State Attorney's office and her attorney implied that office should be the sole party to conduct any investigation. Communication directly with the State Attorney's office revealed that any administrative investigation ongoing by the Board would not interfere with whatever investigation was being done by the State Attorney's office. Crispen Investigative Group was then advised to move forward with their investigation. Mr. Garcia, Ms. Bright's attorney, had made a public records request tor all the documents gathered by the investigator to date. The documents were delivered to Attorney Cheraf and would be provided to Mr. Garcia. Attorney Cherof cautioned as those records become public, others including the media, will have access to the records as well copies to the Board members. 1 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, FL August 31,2010 Attorney Cherot would continue with the investigation as directed by the Board. He noted Ms. Bright was not willing to engage in a question and answer session with the investigator. The investigator had completed all the footwork and all the appropriate documents had been gathered with only a few interviews remaining. The investigator estimated his work would be complete in a week to 10 days. Some of the outcome would be obvious trom the documents that have been requested by Ms. Bright's counsel. Mr. Hay questioned how the State Attorney had gotten involved and Attorney Cherot replied he did not know. No one else had any knowledge. It appeared to Mr. Hay that the State Attorney's office action would supersede any local consequences and he saw no need to continue and waste taxpayer monies. Mr. Orlove established the extent and nature ot the State Attorney's investigation was unknown and could be totally different. Attorney Cherot advised it would be different because the Board would have no authority to initiate or complete any type of investigation involving a violation ot criminal law or State statute. He continued that the Board's investigation would be only to understand the relationship between the Executive Director and an individual who received contracts from the CRA and if that was appropriate under the terms of Ms. Bright's contract. Chair Rodriguez summarized there was a criminal investigation by the State Attorney's office and an administrative investigation authorized by the CRA Board. Attorney Cherot clarified when the motion was initially made to conduct an investigation there were rumors that there would be a State investigation also. He had called the State Attorney's office directly to ask the question. Although they would not confirm or deny an ongoing investigation. their response a tew days later was there would be no issue with the Board's investigation proceeding. Mr. Hay inferred that Attorney Cherofs inquiry had initiated the State investigation which was emphatically denied by Attorney Cherot. Mr. Hay wanted to know the basis of any criminal investigation and how it had been initiated because the Board was involved. Attorney Cherof offered to again call the State Attorney's office and attempt to get an answer to Mr. Hay's questions, but he suspected they would not respond because it would reveal the scope of their investigation. Attorney Cherot opined the Executive Director may know the answer and could be asked the same questions. Mr. Orlove asked Attorney Cherof if the Board could proceed with the investigator or would the rumored past relationship compromise the investigation or investigator, Based on the current information, Attorney Cherot advised it would not, because neither the investigator, Executive Director nor her attorney have indicated the relationship is anything more than a coincidental meeting at a restaurant bar where a few words were 2 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, FL August 31,2010 exchanged and a business card offered. There has been no indication the contact was anything more and the investigator does not even recall meeting Ms. Bright at the location. He conceded it was possible and he does hand out his business cards whenever possible. Vice Chair Ross inquired when the communications with the State Attorney's office had commenced. Attorney Cherot answered it was sometime after July 20th. Chair Rodriguez understood the Executive Director would not cooperate and not answer questions ot the Board's investigator. Attorney Cherat confirmed the communication trom Ms. Bright's attorney had so indicated. Attorney Cherot speculated after the report would be filed, some type of rebuttal may be forthcoming trom her counsel. Mr. Hay asked if the reason for not answering any questions was known. Attorney Cherot suspected her counsel would be concerned any answers in an administrative investigation could be used against her in a criminal prosecution. The Garrity warning rule could only be utilized if the employee were ordered to answer and told if no answer is given they could be disciplined or terminated. On three occasions, Mr. Garcia had been advised that the Garrity warning implications did not apply. Mr. Hay solicited public comment, but Chair Rodriguez would not allow public comment. Chair Rodriguez did not support stopping the investigation only a week or 10 days from the report. He stressed the Board was not ordering the Executive Director to cooperate. Attorney Cherof added this type of investigation has a dual purpose and advised it would be best to conclude the investigation. Mr. Hay had no problem with the investigation. but felt uncomfortable with the State investigation because nobody knew how it got initiated. Attorney Cherot proposed that somebody had filed a complaint with the State Attorney's office unless they were independently tracking the activity and saw a need to investigate. At the conclusion of their investigation there would be a report that would indicate the origin of the investigation. Mr. Hay understood, but felt the issue had escalated out of control. Mr. Holzman commented and agreed with Attorney Cherat the Board investigation was separate and apart tram any criminal investigation undertaken by the State Attorney's office. The Board was investigating a relationship and how it mayor my not have affected the Executive Director's decision in issuing contracts. He maintained the investigation should continue. Attorney Cherot advised no motion was necessary. The meeting was to provide a status of the investigation and that he would continue to follow the original direction from the Board. 3 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, F L August 31,2010 Chair Rodriguez declared there was consensus to continue the investigation that was approved. IV. Public Comments No public comment was permitted. V. Adjournment Chair Rodriguez adjourned the meeting at 6:44 p.m. ;l/ .--:-:--~ h' ! / " c~ ." .' '. " A.d-U'{{( h)t:. dith A. Pyle, cMC 'Deputy City Clerk" 4 MINUTES OF THE COMMUNITY REDEVELOPMENT AGENCY BOARD MEETING HELD ON TUESDAY, SEPTEMBER 14, 2010 AT 6:30 PM IN CITY COMMISSION CHAMBERS, 100 E. BOYNTON BEACH BOULEVARD BOYNTON BEACH, FL 33435 PRESENT: Jose Rodriguez, Chair Marlene Ross, Vice Chair Woodrow Hay Steve Holzman Bill Orlove Lisa Bright, Executive Director James Cherof, Board Counsel I. Can to Order - Chairman Jose Rodriguez Chair Rodriguez called the meeting to order at 6:30 p.m. II. Pledge to the Flag and Invocation Vice Chair Ross led the Pledge of Allegiance to the Flag followed by the Invocation given by Mr. Hay. III. Roll Can Roll call was taken. A quorum was present. IV. Agenda Approval: A. Additions, Deletions, Corrections to the Agenda Attorney Cherof requested Item E under Old Business be heard after Public Comment and before Legal Items. Eliminate Legal Item A, which would be covered under New Business Item F. Vice Chair Ross pulled Consent Agenda Item D. Mr. Orlove pulled Consent Agenda Item C. Chair Rodriguez pulled Informational Items C and D. Mr. Hay pulled Informational Item F. 1 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, FL 5eptamber 14. 2010 B. Adoption of Agenda Motion Mr. Holzman moved to approve the agenda less the items pulled. Mr. Orlove seconded the motion. The motion passed. V. Informational Items by Board Members & eRA Attorney: Vice Chair Ross highlighted the Women's Circle event to be held on October 3, 2010 to celebrate four years from their Ground Breaking and Prayer Occasion. There would be a ribbon-cutting ceremony at their new location at 912 SE 4th Street. Chair Rodriguez attended the reopening and rededication of the Schoolhouse Children's Museum. The Museum was 10 years old and about 300,000 people have visited it. He was honored to attend. Attorney Cherof updated the Board that the Crispin Report would be delivered to him in a day or two. He would review it and forward it to the Board members for their consideration. He indicated it would be appropriate for the Board to accept that report at a public meeting at some point in the future. He suggested the Board may want to hold a special meeting to address the matter specifically. He was aware Mr. Crispin had spoken or attempted to speak with the members, and he thought it would still be appropriate to do so. Mr. Crispin wanted to make himself available to answer any questions about the manner in which he conducted the investigation and the information he gathered. He also wanted to make himself available if individuals wanted to provide him with additional information or requests for expansion or inclusion of additional information in the report after they reviewed it. VI. Announcements & Awards: None. VII. Consent Agenda: A. Approval of Minutes - CRA Budget Workshop, July 26, 2010 B. Approval of Minutes - CRA Board Meeting, August 10, 2010 C. Approval of Period Ended August 31,2010 Financial Report This item was pulled by Mr. Orlove. 2 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, FL September 14,2010 D. Approval of Funding up to $20,000 from the Residential Improvement Program to Lucille and Clinton Brackett This item was pulled by Vice Chair Ross. E. Approval of Funding up to $20.000 from the Residential Improvement Program to Jeanette Sands F. Approval of Funding up to $20,000 from the Residential Improvement Program to McKinley Miller G. Monthly Procurement Purchase Orders VIII. Pulled Consent Agenda Items: C. Approval of Period Ended August 31,2010 Financial Report Mr. Orlove commented on the Compensated Absences on page 66. He noted the remaining budget was in the negative by 159%. He inquired why there were so many compensated absences that were way beyond the budget. Ms. Harris responded it was because they had two large payouts. The Executive Director took a large lump-sum of accumulated leave and practically all of the staff took some accumulated leave that they had also. She had budgeted $25,000 and it ended up being twice that much. Mr. Orfove commented there was a $64,000 year-to-date balance. Ms. Harris commented it was done within the Human Resource Guidelines. Chair Rodriguez was glad the issue was raised as he had voiced a concern about it in the past. He expressed it was a risk to the organization that there was accumulated time available that was not being used. If something happened when it was used, it would create this very situation. Motion Mr. Orlove moved to approve. Mr. Holzman seconded the motion. The motion passed. D. Approval of Funding up to $20,000 from the Residential Improvement Program to Lucille and Clinton Brackett Vice Chair Ross requested clarification of the item. She commented Items 0, E, and F reflected the same address on the agenda item. It was confirmed the addresses were a typographical error and the correct addresses were located on the application. 3 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, FL SepbHnber14,2010 Motion Vice Chair Ross moved to approve. Mr. Hay seconded the motion. The motion passed . IX. Information Only: A. CRA Policing Activity Reports B. Public Comment Log C. Downtown Google Map, "Where the locals go..." First Year Analysis Chair Rodriguez pulled this item and expressed he was unsure in which direction they were moving into the future. The data reflected 44 merchants responded to the survey. Margee Walsh, Marketing Director, confirmed the responses were from 54 merchants that participated in the Google Map Video program. Chair Rodriguez commented 77% of them responded they were unsure of the value and he questioned the value of the project. Ms. Walsh explained they had hoped to have more merchants participate in the program. She noted some small business owners did not appreciate the value of marketing, although staff pursued the effort and physically knocked on doors. It was a brand new program which started last summer and she expressed staff could review the information. Chair Rodriguez pointed out the merchants that participated did not see a benefit. He questioned if staff should continue with the work. Ms. Walsh reiterated it was a brand new program intended to promote the downtown. She saw value in it and explained the individuals who did like it were learning more about social media, Twitter and Facebook. Much of the dialogue staff had with different merchants opened up new avenues for staff to pursue. Staff would be doing another direct mail piece to obtain greater participation. Considering the budget cuts, staff will have to be more creative regarding how to get the merchants involved. Chair Rodriguez expressed if they could get more people to participate, the results may still be the same, and he inquired if staff was making adjustments to the program. Ms. Walsh felt they needed to reach out to other outlets that could help expand the program, such as the Visitor's and Convention Bureau website, "Visit Florida" and other statewide organizations that did not participate earlier. 4 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, FL SepbHnber14,2010 Ms. Walsh explained there was a spreadsheet created with an area for comments. Mr. Holzman suggested following up with those comments to see what could be done to make the program more beneficial to the merchant. Chair Rodriguez requested Ms. Walsh make recommendations to adjust the program and present them at the next meeting. Ms. Walsh agreed to do so. Mr. Orlove also noted the page was viewed only 89 times in a year and he agreed with the Chair and Mr. Holzman's comments. He was looking at the results of the public viewing the site. He recalled seeing articles about the program in the paper and felt, although it was a good idea and experiment, they needed to get the word out so individuals could use the site. As to optimization tools, Ms. Walsh explained they use the Google Analytics. Tweaking the program was part of the plan. Part of the adjustments included linking the sites to other sites. Ms. Walsh would return to the Board with a plan. Vice Chair Ross pointed out a testimonial on the program from East Coast Insurance. She explained prior to implementation of the program, no one could find them. They added the link to Facebook and their website. She noted there were other similar testimonials, but many merchants did not include comments. Motion Mr. Hay moved to approve. Vice Chair Ross seconded the motion. The motion passed. D. Food Vendor Analysis for CRA Events This item was pulled by Chair Rodriguez. He was unsure what the outcome of this item was. Kathy Biscuiti, Special Events Director, commented all the Ocean Avenue Concerts are serviced by a local caterer, who adapted his business to take money and have equipment there that was needed. The smaller events with 200-400 people could use local mom and pop establishments. The large events, primarily, the Holiday and Fourth of July events, when there are thousands of participants, were too large for small vendors to keep up with. She added she asked the local merchants about it. The size of the event determined the type of caterer, versus the concession company that was used. Chair Rodriguez commented if they were bringing in outside vendors to City events, and the vendors that were there are not profiting, they were not partners. He suggested ascertaining the fine line. Ms. Biscuiti explained partiCipants do not leave the site to buy food. The concession company was from West Palm 5 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, FL SepbKnber14,2010 Beach. Chair Rodriguez commented they were not local companies. He heard from the local merchants that they were eager to participate, they wanted to participate and they were not receiving support. They felt left out. He thought a motion would be appropriate to show that the Agency's good intentions were always to use local businesses. He felt Boynton Beach should be first. He acknowledged there may be supply and demand, but emphasized, whenever possible, to use a local business. Mr. Orlove thought it may be more amenable to the local restaurants to have an event similar to "A Taste of Boynton". He felt it was something they could handle as opposed to an event where hundreds and thousands of people may attend. He agreed with the Chair. A vendor could supply one item, instead of the entire menu. He assumed most of the establishments that sold food would be more than happy to have a concession stand set-up. Chair Rodriguez suggested staff hold a training session or informational meeting with the local businesses about how to become a vendor for Community Redevelopment Agency events, what licenses they needed and what the requirements were enabling them to participate. He felt there was much miscommunication about what was needed and holding a workshop would be beneficial. There was consensus among the Board members the suggestion would be beneficial. Motion Mr. Holzman moved to approve. Mr. Orlove seconded the motion. The motion passed. E. Ruth Jones and Oscar Magnuson House - Published Ads F. Color Selection for Commercial FaCfade Grants - Harvey E. Oyer, Jr., Inc. and Intracoastal Medical Building Condominium Association, Inc. Mr. Hay inquired about the sign's height. He commented the sign was monument based. The height was 8 feet 25 inches. He pointed out that sometimes when an improvement is made, it can make neighboring signs look poor. Theresa Utterback, Administrative Services Manager, agreed to supply the sign dimensions. She estimated the sign was about six feet. Mr. Hay noted it becomes problematic when you have to look around a tree for a sign instead of looking at the road and it was beginning to present a problem. He suggested it should be kept in mind when discussing all signs, commercial and residential. 6 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, FL September 14,2010 Motion Mr. Hay moved to approve. Mr. Holzman seconded the motion. The motion passed . X. Public Comments: (Note: comments are limited to three-minutes in duration) Tomas Bointon commented there was much development since the last Community Redevelopment Agency meeting. He noted the South Florida Regional Transit Authority was willing to discuss providing $150,000 this year, next year and the following year to support the Boynton Beach Trolley. He explained they needed a letter of intent from the Community Redevelopment Agency of their interest. He requested the Board submit a letter to them. He commented it was ascertained there were unallocated gas tax monies left over. There would be $140,000 left over this year that was unused, and the following year would have $166,000 unused. Since it was gas tax funds, it would be a very appropriate use to support public transportation. At the Commissioner's request, they investigated instituting a fee-based service as opposed to a free service. He commented they can consider a $5 or $10 per month pass, which could generate another $50,000 to $84,000. Combined with the operator taking a rate reduction, the service could be a very affordable service for Boynton Beach that would have a huge quality of life impact. Vivian Brooks, Assistant Director, explained she had not been working on the item. She was unaware of any funding that was available or committed other than possible Community Redevelopment Agency dollars. Chair Rodriguez suggested she speak with Mr. Bointon. She commented in order to budget for it there would have to be a commitment of the gas tax monies from the County. Mr. Bointon explained those funds were monies allocated to the City. Per the Finance Department, there was $141,000 left over from this money that was unallocated, and next year there was $166,000 projected to be unallocated. He explained the SFRTA would be meeting on September 24th, and they would need to know that the City was interested so they could be involved. Chair Rodriguez suggested they inquire about the funds. Mr. Hay thought it was an opportunity to cut the cost. Mr. Bointon explained the SFRT A had allocated funds for public transit. This was a very successful program, and that was why they were interested in supporting it. Discussion followed there was very little time before the budget was approved. Mr. Orlove explained the City Commission tentatively approved keeping the Shopper Hopper program, which was also a method of transportation. He expressed he was willing to keep one service but not both services operating in the City. 7 Meeting Minutes Community Redevelopment Agency Board Boynton Beach. FL Septernber14.2010 Mr. Bointon suggested the ridership of the trolley, versus the Shopper Hopper, would reveal the trolley serviced a greater number of individuals and they could provide some of the services provided by the Shopper Hopper. Mr. Holzman explained the trolley service takes individuals out of the Community Redevelopment Agency district into the rest of the City and it was not the proper use of Community Redevelopment Agency funds. The Community Redevelopment Agency was setup to help the downtown thrive, and the trolley service takes people away from the downtown. He thought it would be a better use of funds to expand the Shopper Hopper. He felt the trolley did not fit into the mission of the Community Redevelopment Agency. Chair Rodriguez explained they can change or modify the route and thought there was consensus to inquire about the SFRTA funds. Mr. Orlove inquired if this could be a City function and transfer the trolley to a City function. He reiterated; however, he was agreeable to having one method of transportation and not two. Vice Chair Ross expressed the idea of moving the trolley under the City budget was appealing and felt it would be more ideal. Mark Karageorge, 240A Main Boulevard, requested the members attend the Chamber of Commerce Luncheon. Kelly Smallridge of the Business Development Board was the guest speaker and it was imperative they have a working partnership with the Business Development Board to bring business into the City. He expressed without unified support and attendance at the function, a bad message would be sent. Better attendance would show Boynton Beach was serious about business development. Joelyn Svrcek, 625 Casa Loma Boulevard, Marina Village, expressed she has been in Boynton Beach since 1974 and the trolley was the best thing that happened to the City. She requested the Board delay the decision until all avenues were explored and the new Board was seated. Chair Rodriguez pointed out the new Board was separate from this budget. She indicated she rides the trolley three times a week and to balance the budget, the Board should cut the new headquarters, the Jones Cottage and the Magnusun House. This would provide ample funds for the trolley and the people. Debra Branford, 2191 NE 1st Court, spoke in support of the trolley. She pointed out the Shopper Hopper was only in the area three times a week and she did not drive. If they trolley was not available she would not have a way to get to work. Robert Knock spoke in support of the trolley. He explained the Shopper Hopper has very few riders and few stops. He thought to spend $200,000 for the 8 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, FL SepbHnber14,2010 Shopper Hopper did not make sense. He thought the Board could find the funds if they wanted to maintain the service. Chair Rodriguez spoke to the meeting attendees and explained the Board was looking at options and he thanked them for attending the meeting. Victoria Castello, 406 SE Seacrest Boulevard, requested the Board instruct the Community Redevelopment Agency staff to give access to backup information without having to call their office to obtain the password. She explained the Community Redevelopment Agency was one-third of the City. The City allows citizens access without issue. Staff advised her to call them to obtain the password. Ms. Bright responded it was on the FTP site. Ms. Castello was given the password three times, but she puts it on her b/og. She clarified you do not traffic the site. She explained IT requested they not issue a password to a person unless it was tor their own use for the FTP site. Ms. Castello explained her blog was Boynton Beach. com/news. She speaks about what is occurring in the City. She thought individuals wanting backup information should have it readily available. Ms. Bright reiterated IT directed them not to have it open for everyone. It was not a traffic site; it was a site for people to download large documents. She offered to speak with the IT Department about it again and they were currently working on having it on their website. Attorney Cherot clarified the full agenda should be made available to the pUblic in advance of the meeting. Ms. Bright explained it is on the FTP site which was not the regular Community Redevelopment Agency website. They were working with the IT Department. The Board was in agreement to work to have the information available to all citizens. Willie Aikens, 726 NE 1st Street Boynton Beach, announced the Heart of Boynton was holding another National Clean-up. The event was scheduled September 25, 2010 trom 8 a.m. to 12 noon weather permitting. He invited individuals to volunteer to help clean-up and put hope and faith into MLK Boulevard and the area. The last event had 35 volunteers. He invited the Board members to participate and have a good time. Estelle OeDell, was a resident at the Boynton Beach Assisted Living Facility. She spoke in support of the trolley. She explained it helps older residents, children and people travel to work. It was her only way around to obtain her medication or other items. Sue Mandell, proprietor of Thank You for your Ride Room 101, was in support of the trolley. She referenced an article in the September 8th issue of the Boynton Forum. She was encouraged about the Boards comments regarding using local businesses. She explained if the Community Redevelopment Agency needed help fund raising, she had 20 years of fundraising experience. She suggested following the mission statement of the Community Redevelopment Agency and 9 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, FL September 14, 2010 the City of Boynton Beach. It was the people who made the City special. She commented working face to face was very effective. Lorie Cross, 1503 NE 4th Court spoke in support of the trolley. Jerry Taylof, 1086 SW 26th Avenue, announced his surprise about an article in the Post advising the Community Redevelopment Agency's procurement policy was subordinate to the City's procurement policy. He explained during his years as Chair of the Community Redevelopment Agency and City Commission, he was never advised that the procurement policy was subordinate to the City's policy. This was the first time it ever arose. He asserted that the entertainment was brought in over the years. If that was the case, the attorney would have advised him as either the Mayor or the Chair that the City's policy had to be used and he was never so advised. On many occasions he was told the Community Redevelopment Agency was an independent Board and was not subordinate to any City policy. He was given that advice over and over. He wished to make that information public. Mike Tobin, a resident of the Boynton Beach Assisted living Facility, spoke in support of the trolley. He explained there were many people that were handicapped that would have no choice to get around the City. He requested the Board's involvement and that they do what was best for the City. Maflene Gordon, 2689 NW 2nd Street, spoke in support of the trolley. It would be a problem for her to get to work without it. Floyd Zonenstein, 2620 NE 1st Court, President of Village Royale on the Green, commented their trolley stop comprised 9% of its riders. The residents and surrounding residents depended on it and it was their life's blood. Each time the trolley passed he was glad to see his tax dollars used for something good. He supported the trolley. Doris Williams, 330 Boynton Bay Circle, spoke in support of the trolley and requested it remain. Sheila Bright, resident of Boynton Bay, supported the trolley. She explained the bus stops are too far and it would be an egregious act to take it away. Ellie Damnius, 512 New Lake Drive, explained the trolley was important to him. When he has the car, his mother could take the trolley. He has two brothers and sisters and when he comes home from school and was tired. he used the trolley to reach his destination. Suebe leonard, 1127 South Ridge Road, spoke in support of the trolley because they used the trolley to get to needed destinations. 10 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, FL September 14, 2010 Chair Rodriguez closed the public comment. He requested considering an RFP for promotional entertainment services be added to New Business Item I. A motion to amend the agenda was needed. Motion Mr. Orlove moved to approve. Mr. Holzman seconded the motion. The motion passed. E. Review and Approval of Lease for 710 N. Federal Highway (Holiday House) - Tabled 8/17/10 This item was heard out of order by prior motion of the Board. Arthur D'Almeida, 105 E. Palmetto Park Road, Boca Raton, prepared a revised proposal which he distributed to the Board. A copy of the proposal is on file with the City Clerk's Office. Mr. D'Almeida gave a very lengthy review of each page of the proposal. The new proposal was a 10-year lease with an option to cancel after six years with a penalty that was agreed on. The base rent was $16 per square foot. The Common Area and Maintenance (CAM) charges would be $5.76 per square foot and the lease included an annual rent increase of 4%. The security deposit would be one month's rent. He would build out the exterior and interior. The contribution under the lease he had previously negotiated called for a Community Redevelopment Agency contribution of $88,000. That amount was reduced to $73,000, which would be refunded to the Community Redevelopment Agency over the last three years of the lease. The lease would allow the Board to sublet part of the space. Mr. D'Almeida compared the lease to the office locations previously considered. He also indicated he owned other buildings in the area and he was interested in redeveloping them as well. The redevelopment would make a statement and establish a presence. His costs were as tight as they could be. The building would be an anchor. The members were impressed with the presentation. Mr. D'Almeida was questioned about the cancellation provision. The new cancellation provision in the lease was on a sliding scale basis. If the lease was broken in the 7th year, it was 80%. In the 8th year would be 60%,40% in the 9th year and 20% in the 10th year. The Jease tenns were reviewed with Ms. Bright and Attorney Cherot and agreed on. The money was not agreed on. He pointed out the return of the $73,000 over the last three years ot the lease that was the given by Community Redevelopment Agency to improve the building was not included in the proposal, 11 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, FL SepbHnber14,2010 but he offered it publicly to the Board. He explained he has an interest in other buildings in the area. Photographs of his plans to improve the buildings reflecting a cafe-like common area were included in the proposal. Some of the buildings on-site would be extensively improved. Vice Chair Ross inquired if the numbers were reviewed by legal and staff. Ms. Bright was asked for her thoughts on the proposal if information was missing. Ms. Bright thought it was an accurate presentation. In her conversation with Attorney Cherof and Mr. D'Almeida he had indicated they would work on some items. The only two questions that she thought the Board should consider was the 3,500 square-foot of space was based on an HR plan that was a growth model and she was not sure they were in a growth model. The second item pertained to a pure cost effectiveness standpoint. She explained while staffs current office was $26 per square foot, in total, it was annualized at $3,300 a foot. This would double their rent. Other than that she thought it was a great deal and it was a great redevelopment project. They did budget for it. When asked if they would consider subleasing, Ms. Bright thought the front of the building could be used tor a fledgling art gallery. Ms. Harris reviewed the Agency's storage costs. It was important records be stored in a separate location from the office. She noted the storage facility was secure. Chair Rodriguez commented he thought the new location was an opportunity to showcase the new Community Redevelopment Agency office and they were serious about redevelopment on the north end of Federal Highway. It also provided an opportunity for an art gallery, or business incubator in the additional space. It was not a pure business dealing; it was an opportunity to take a blighted and slummed area and redevelop it. Mr. Holzman agreed. Mr. D'Almeida announced his builder felt they could do the build-out within 90- days after the permit. Mr. D'Almeida felt six-months was a better timeline. He emphasized the improvements were government-issue improvements, not fancy improvements. The project was a remodel. It was noted this was the first time staff reviewed the proposal. Mr. Hay thought staff should review it and initially, it looked good. The only items changed from the original proposal were the 5% annual increase down to 4%. The CAM charges were reduced because the taxes went down to $5.76 per foot. He would do the build-out for $73,000. They would reduce the penalties at cancellation and return the $73,000 in years seven, eight, nine, and 10 proportionately. They would reduce the rent. Attorney Cherot noted sub paragraph M, where they would need 45 days before cancellation. Mr. D'Almeida commented he met with his banker and had 12 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, FL September 14, 2010 financing in place but he had a provision that he had a 45-day window to withdraw from the lease subject to obtaining the loan and it was based only on obtaining the financing. Mr. Orlove commented that was one of the reasons why he had requested the item be tabled. He also disclosed publicly that he met with the D'Almeida's to go over this. Motion Mr. Orlove moved to approve the lease for 710 N. Federal Highway. Mr. Holzman seconded the motion. Mr. Hay thought it was only fair to have staff review the lease. He supported the lease but was uncomfortable making an on-the-spot decision. It was noted the Board was discussing this for two meetings now. The Board was prepared at the last meeting to vote on the matter. He had doubts because of the cost and the way it was put together. Chair Rodriguez also pointed out the Board has an attorney and Executive Director with the contract. Attorney Cherof suggested they add an approval line at the bottom of the signature document for the Executive Director and an approval line for legal. The last person to sign would be the Chair. In this manner, all parties would signify via signature that they reviewed the document. It was noted the matter was tabled at the last meeting. Motion Mr. Holzman moved to remove the lease agreement from the table. Mr. Hay seconded the motion. Chair Rodriguez opened the floor to public comment. Brian Edwards, 629 NE 9th Avenue, commented he heard the conversation twice. He expressed it was a great deal, and a great deal for the district, but not for the office. He felt very strongly the Magnusun House should remain as the first choice for the office. He thought they should fine individuals for allowing their properties to deteriorate to such poor condition and he suggested that topic be considered on a future agenda. He guaranteed if they checked the minutes, the conversation for the Magnusun House was the same as for the Holiday House. He compared the situation to owning a house for $800,000, they would not be looking for another house for $700,000 that you would not own at the end of six to ten years. He thought there was much discussion during the budget about salaries and saving money, but now it was okay to spend the money when 13 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, FL September 14, 2010 they had a home already. It was tax dollars. He thought the Board had an obligation to determine how to develop the district; not to do it for everyone. He explained the reason the prices increased when the D'Almeida's researched the rents listed for the establishment the Community Redevelopment Agency had researched as potential locations for their office, was because they read about it in the paper. He thought some consideration should be given to that. He asserted the staff did not have to move right now. There being no further comments, the public comment was closed. There was a vote on the motion. The motion passed, 4-1 (Mr. Hay dissenting.) Chair Rodriguez clarified the Magnusun House conversation indicated an investment of $850,000 and another $800,000 to restore it for offices. XI. Legal: A. Establish Schedule for Transition of Current Board Members and Attorney Records B. Discussion and Action on Submitting the CRA to Jurisdiction of the Palm Beach County Ethics Commission and Authorizing Agreements to Effectuate that Intent Attorney Cherof explained there was no backup to this item. It was a continuation of a discussion held by the City Commission about entering into an agreement to turn over jurisdiction of ethics complaints and review to the County Commission on Ethics. If that was moved forward on the City Commission Agenda and approval of an agreement was made, then the Community Redevelopment Agency would need to decide if they wanted to join that agreement. If they wished to do so, the agreement between the City and County would be amended to include the Community Redevelopment Agency. It would be a tri-partied agreement with identical terms. The Board could approve it contingent on the City approving it. The agreement could be amended before it goes to the City Commission to show the inclusion of the Community Redevelopment Agency as a signatory. A motion was required. Motion Mr. Hay so moved to enter the Community Redevelopment Agency's portion of it with the County and the City. Vice Chair Ross seconded the motion that unanimously passed. Mr. Holzman left the dais at 8:18 p.m. 14 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, FL September 14, 2010 XII. Old Business: A. Results of RFP for Boynton Harbor Marina Fuel Dock Reconstruction Project Mike Simon, Development Director, requested approval of the rankings presented to the Board for the RFP for the Boynton Harbor Marina Fuel Dock Reconstruction project. At the Board's direction, the RFP was issued which contained an August 17th deadline. Staff received six complete responses. Item A would be to approve the rankings holding B.K. Marine Construction as the General Contractor for the project for the bid which was qualified for being responsive. Item B would be to approve the contractor. The Selection Committee was composed of Vivian Brooks, Brian Smith, President of Waypoint Marine, and himself. The results were reviewed by the design firm of Sea Diversified for validation of the numbers and they were 7% under the engineer's project estimate. Mr. Simon explained the Sea Diversified did not provide ran kings only technical review of the bid as being responsive and responsible. They were building a deck. No pilings were removed. Mr. Holzman returned to the meeting at 8:21 p.m. Chair Rodriguez inquired why the Executive Director did not participate instead of having a third party contracted vendor and asked if Ms. Bright cared to answer his question. Ms. Bright responded there was no cause to serve on the Committee. She typically does not review rankings. She explained she was a public official and she removes herself from trying to be lobbied. Attorney Cherof confirmed that process is fairly consistent for most local agencies: the Chief Executive Officer usually does not participate. It was usually a delegated responsibility . Motion Mr. Orlove moved to accept the rankings. Mr. Hay seconded the motion. The motion passed. B. Consideration of Entering into a Contract with B.K. Marine Construction in the Amount of $55,569.34. Item B was to issue the contract to winning bidder, B.K. Marine Construction. It was noted a representative from the company was present. Motion Mr. Holzman so moved. Mr. Orlove seconded the motion. The motion passed. 15 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, FL Septarnber14,2010 Vice Chair Ross left the dais at 8:22 p.rn. C. Consideration of Renewal of the Boynton Harbor Marina Fuel Dock and Marina Management Contract with Waypoint Marine, Inc. Mr. Simon explained this item provided for a two-year renewal of the Marine Management Services Agreement for the fuel dock and the marina services provided to them by Waypoint Marine Inc. The original contract provided for a two-year renewal based on agreement of both parties. There were no cost increases and they have done an outstanding job. Mr. Simon asked them to submit costs for a parking attendant. The cost would be $24,000 from the contingency fund to cover the cost for a part-time dock attendant. The attendant would regulate the parking spaces the CRA owned on water and in the parking lot in front of the loading area. He reported there had been issues in the past. Vice Chair Ross returned to the dais at 8:25 p.m. Mr. Holzman thought it was a high number. It was an $8 or $9 dollar an hour position but FICA and other taxes were involved. Chair Rodriguez commented it was nice to have, but not with the budget. Mr. Simon acknowledged funds were tight but felt it was important the tenants were aware the Board considered it. Motion Mr. Holzman moved to approve option 1. Mr. Hay seconded the motion. The motion passed. Mr. Hay commented on what just happened to Board member Ross was distasteful. She had a question she wanted to ask and was not allowed to ask the question. He expressed had it been him, he would not have stopped. He questioned legal about it. Attorney Cherof explained all Board members have the opportunity to ask questions and the Chair controls the meeting. He heard the question if the contractor was present and the response was he was. If there had been questions to be posed to the contractor, it would be appropriate for the Chair to recognize the right of the Board member to ask a question. If the Chair does not do so, the rest of the Board can override the determination and proceed with the questioning. D. Discussion of FY 2010/2011 Budget Ms. Harris explained this item included the changes made at the budget workshop. She included a detailed listing in the meeting materials. The General 16 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, FL Septernber14,2010 Fund revenues have not changed. The expenses were reduced by about $15,000 as a result of the Board's input at the budget meeting. The contingency fund was increased by $50,000 to a total of $75,000. She was able to do so because $50,000 was included in debt service in the event they needed to open a line of credit. Staff did not have to open a line of credit, and it was based on the premise that the fund balance would drop so low that they may have to fund the October through December budget for cash flow. The project fund changes reflected the rollovers were refined as they approached year end. On the new projects, they did not spend a lot of money, so the funds roll-over to next year. The funds have to be in the budget in order to be expended. It was a balanced budget. Mr. Orlove questioned the marketing and promotions budget. A prior discussion had taken place about the research, design and copywriting budget. He also inquired why they had two Community Redevelopment Agency websites and a trolley website. This was contained in the marketing and promotions budget and had to do with the Ambit advertising. Ms. Harris explained there was some refining of personnel costs. As to the website expenses, the costs were for this year's contract with AMBIT. Next year, that number was reduced. It was requested the websites be consolidated. Mr. Holzman explained the way the budget was written, the trolley service was not approved. Ms. Harris clarified there was no money included in the budget to maintain a trolley website. On a different line item, Chair Rodriguez inquired what the $15,000 was for. It was noted there was an employee on maternity leave and the cost was for a temporary employee. Employees were paid for six weeks to the extent the employee has the accrued time. When accrued time is depleted, they are on leave without pay. Costs are duplicated to the extent that the employee has to be replaced during the maternity leave. Chair Rodriguez explained if the person on leave is not getting paid, there are resources to pay an alternate person. Ms. Harris confirmed that was correct. He inquired why more would be budgeted. Ms. Harris explained they do not know what could happen during the year. Funds were in the budget for the Business Development Board. Chair Rodriguez inquired what benefits the Community Redevelopment Agency received for being an extra member. Vice Chair Ross commented she had been hearing from Mr. Jergensen and other members of the Chamber of Commerce Board of Directors that they do not want to see the Agency give up the membership. Ms. Bright explained the Community Redevelopment Agency is an economic engine and they are supposed to have a relationship with economic engines. They get to participate in studies and be involved in all levels of transportation changes. They were more like a partner than just a membership organization. They do not 17 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, FL September 14,2010 support their annual dinner dance and fund raiser. They work with them to ensure people want to come to the City and do business. She thought the $1,000 was worth it. The membership provided for constant contact with Palm Beach County. She explained it was not a free organization and she did not think they would have the benefit of the same infonnation without the membership. Chair Rodriguez noted it was County agency. There was agreement to keep those costs in the budget. Motion Mr. Hay moved to approve. Mr. Orlove seconded the motion. Ms. Harris clarified this was not the final budget. Staff had trolley information they had to bring back to the Board and they were going to be aggressive with the trolley. Staff would forward the information to the Board in a refined budget before the September 27th meeting. Ms. Bright thought it was a big decision and the dialogue was if it would be transferred to the City - the larger issue was the cancellation clause for the trolley if the Board decided to cancel the service. Mr. Orlove commented he was aware there were meetings with the City Recreation and Parks Department about the Shopper Hopper. Ms. Bright explained they had a meeting on August 11, 2010 at the Community Redevelopment Agency office. She, Wally Majors, Recreation and Parks Director, Tomas Bointon and Molly Stahlman met to try to merge and develop some type of route. The Shopper Hopper was unique to each individual whereas the trolley was more like mass transit. She was not confident that the $150,000 Mr. Bainton discussed was guaranteed. It involved a match for the funds. There was a vote on the motion. The motion passed. Ms. Bright explained they needed to set the budget meeting. Discussion followed staff should notice the meeting for 6:30 p.m. as it began a public meeting. If there were issues related to the Community Redevelopment Agency, they could recess one meeting and start the other, or merge the meetings. E. Review and Approval of Lease for 710 N. Federal Highway (Holiday House) - Tabled 8/17/10 This item was heard earlier in the meeting. 18 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, FL Septlrnber14,2010 XIII. Executive Director's Report: A. Resolution Approved by the Board of County Commissioners of Palm Beach County Supporting the Intracoastal Waterway Plan for Palm Beach County and Establishing a Working Partnership with the Seven Identified Marina Villages Ms. Bright explained this item was something she was involved in during the five years she was with the City. The County has a strategic Economic Development Plan and the goal was to open the Intracoastal Waterway as an economic development engine. There are seven marina villages of which Boynton Beach is one. The Board of County Commissioners has committed to the growth of development of opening the waterway. Mr. Or/ove left the dais at 8:44 p.m. Ms. Bright was looking for the Board's support and commented it would be brought to the City Commission. They received their water taxi grant allowing for passage from Delray Beach to Jupiter. There was much attraction to the service. Mr. Or/ove returned to the dais at 8:45 p.m. Motion Mr. Hay moved to approve the Palm Beach County Board of Commissioners R2010-1198. Vice Chair Ross seconded the motion. The motion passed. XIV. New Business: A. Consideration of Shade Structure for Boynton Harbor Marina Tenant: Boynton Boat Rentals Mr. Simon presented the item which was for shade covering for a tenant that had four slips. The covering that was used was not compatible with the new design of the marina. The tenant was advised prior to the construction of the new marina that it would have to be removed as a result of the new project. Mr. Simon recommended approving an alternate conceptual shade structure design and location if there has to be an additional shade structure on the dock. He was not recommending an additional shade structure on the long section attached to the seawall. His concern was if the Board approved it, it would be paid completely by the tenant. He also anticipated there would be additional tenants wanting similar shade structures. Any type of shade structure needed to be on the finger piers. It would be designed similar to the fish station. Chair Rodriguez did not think it would provide much shade. There is no place on the dock to catch the sun directly. Discussion about the removal of the structure followed. 19 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, FL September 14, 2010 Mr. Simon explained if approved, he anticipated other tenants would want them as well. Motion Mr. Holzman moved to approve Option 3 (to deny any additional shade structures for individual Boynton Harbor Marina slip tenants.) Vice Chair Ross seconded the motion. The motion passed. B. Consideration of Boynton Harbor Marina Temporary Fish Display Structure Mr. Simon reviewed the item and its history. Mr. Gino pryatt offered to donate a display board he owned. A photo of the board was included in the meeting materials. Chair Rodriguez commented if he was going to donate the board, they would have to redo it. He suggested the Community Redevelopment Agency move forward with their display board, placing it at location 1. In the past, each tenant had their own display board for photographs in front of the fish cleaning station. Creating the display board would cost up to $1,000 and would need to meet Code. Motion Mr. Holzman moved to move forward with Boynton Harbor Marina Fish Display Board at location Option 1 through the Community Redevelopment Agency to produce our own Boynton Harbor Marina Fish Display Board to be located at option 1. Mr. Orlove seconded the motion and requested it be permanent. Mr. Simon explained they may design a different structure for it. It was a temporary sign. Mr. Orlove withdrew his request and reaffirmed his second. The motion passed. B. Discussion of Potential Purchase of Delray-Boynton Academy Chair Rodriguez left the dais at 9:02 p.m. Ms. Bright reminded the members that at the end of the meeting last month Mr. Holzman explained he was approached by Mr. Joe Greene who was interested in selling the Delray-Boynton Academy. The property was appraised and assessed at $795,000. The Community Redevelopment Agency had no funds in their line item to purchase the building. They have $281,660 available from the HOB implementation strategies; however, Mr. Greene was not willing to hold paper. 20 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, FL September 14, 2010 Since this was not a Board directive, she did not pursue an appraisal and sought direction from the Board before proceeding. The building was a prefabricated building on the corner of Railroad Avenue and MLK Boulevard. There was a $100,000 mortgage on this structure which was relinquished for $10,000 a few months ago. Mr. Greene did not update her as to the status of the Church of the living God, which operates from that location. Services missing in the Heart of Boynton, according to the plan, were a clinic, and a small business incubator and it was pointed out that the Community Caring Center was always looking to expand their services. Chair Rodriguez returned at 9:05 p.m. Vice Chair Ross commented her feedback from the community was the small business incubator was needed. After discussion there was agreement staff should investigate grants or have a plan to move forward with it. Motion Mr. Holzman moved to instruct staff to look into usage and funding sources for potentially entering into negotiations to purchase the Old Boynton-Oelray Academy. Mr. Hay seconded the motion. The motion passed. O. Process for Selection and Appointment of New Board Counsel Attorney Cherof explained items 0, E, F, and G go together and he referenced a memorandum he sent to Ms. Brooks. The schedule would have the Board making the transition now. They completed the interview of candidates and no action has been taken. These items needed to be taken into consideration as they make the transition. His tenure would end when the Board was no longer serving as the Community Redevelopment Agency Board. He suggested they start thinking about investigating a new interim Board Attorney when the new Board was seated. He explained the first meeting would not be an issue as it was along the nature of an organizational meeting. Attorney Cherot explained another alternative was to contact another Attorney that represents another Community Redevelopment Agency in the area to see if they would be willing to fill in as an interim attorney as the new Board searched tor a new permanent Board Attorney. There was agreement the Board should start to act now. The Ordinance establishing the seven-member Board provided that the Board would take office the second Tuesday of the month following the appointment of the seven members. After further discussion there was agreement that each member, as well as Attorney Cherof, would provide one or two names to select from. 21 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, FL September 14, 2010 E. Review & Extension of Executive Director's Annual Contract Attorney Cherof explained the Executive Director's Agreement provides that the agreement, which was effective October 1, 2006 automatically renews for one- year intervals. With the schedule now in place, the new Board was not in place to evaluate the contract for the one-year extension and would likely not be in effect until November at the earliest. The renewal would occur on October 1, and the options were to deal with the process and acknowledge that situation, or anticipate or negotiate a different type of agreement for shorter extensions so the new Board could take it under consideration and not be bound by a one-year agreement. Chair Rodriguez inquired if there was the potential to go month-to-month. Attorney Cherof explained, like most employment contracts, any amendments to it, such as shortening the term of it, would require the mutual consent of the parties. First the Board would decide whether they would do anything about the one-year renewal and if so, what the revised term would be and a proposal made to the Executive Director to modify the agreement. Mr. Hay explained in this country, individuals are innocent until proven guilty. He explained the City has an award winning director who has done great things for the City of Boynton. He felt they should extend the contract. If the results come back from the investigation of some type of criminal "whatever," then they could take another look at it. He was not in favor of a month-to-month contract. He would like to see it extended and move on. He would like to see it extended for another year. Mr. Holzman explained he expects the best from all employees. As a representative of the citizens he requires all employees deal with the City and its citizens with honesty and integrity. He most importantly expects it from senior management. He reviewed several items which occurred during his short tenure as a Community Redevelopment Agency Board member. ~ At the last Board meeting, the Community Redevelopment Agency Executive Director lied to the Board during the meeting when she was asked if she ever lived at Mr. Joseph Ferrer's address. ~ There was a concern whether the Executive Director provided contracts to an organization when she served at one time as a director of another company with the owner of that organization. ~ The Executive Director failed to properly respond to the Board and himself (Mr. Holzman) when she was asked how many days she had missed to- date. He added he still has not received a complete response. 22 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, FL September 14, 2010 ~ The Executive Director locked out of the Community Redevelopment Agency office a Boynton Beach citizen and the Mayor of Boynton Beach who also serves as the Chair of the Community Redevelopment Agency Board during business hours. The Executive Director is the director of an important City agency. They need to expect honesty, integrity and transparency from all employees, especially from those serving in executive roles. At this point he has a hard time trusting the Executive Director in light of those four instances. He lost confidence in the Executive Director in her ability to serve the citizens of Boynton Beach. He felt it was in the best interest of the City and its citizens that they allow the Executive Directors contract to expire and not offer her an extension. Motion Mr. Holzman moved the Board allow the contract to expire and not offer an extension. The motion died for lack of a second. There was no substitute motion. Motion Mr. Orlove understood Mr. Holzman's comments and expressed he was fairly new to the Board but he has been an observer of the Board. He agreed to some extent with Mr. Hay's comments. The staff was award winning and did good work that the Board members and citizens could be proud of, but there is the issue of the ongoing investigation the Board has instigated and from word of Attorney Cherof, another investigation is taking place with the State Attorney's office. He explained at some pOint they would step down to another Board. He was not sure he could be in favor of Mr. Holzman's motion but thought they could put the Executive Director on administrative leave pending the outcome of the investigation and Mr. Orlove so moved. Mr. Holzman seconded the motion Vice Chair Ross commented she spoke from three years of experience working with the Executive Director and her staff. It has been an overall positive experience. She acknowledged staff is not perfect, nor was she, but they are dedicated and professional staff. She could not support Mr. Holzman's original motion. She was very concerned about the feedback from the community. She hears comments from the community that this is a witch hunt and she went on record saying it concerns her a lot. She hears these comments and Ms. Bright was entitled to her due process. Vice Chair Ross did not have the official report from Mr. Crispin and she disclosed she spoke to him on the phone earlier and received a condensed version and nothing she was told compelled her to think about any other thoughts other than what she was expressing. She did not know when the State Attorney's investigation would be completed. She hoped they 23 Meeting Minutes Community Redevelopment Agency Board Boynton Seach, FL September 14, 2010 could establish a new independent board of seven new members. She hoped the Board would work with Lisa Bright and her staff to make informed decisions after they have all the information they need. Mr. Hay thought they should be very careful about the decision they were making. There were many unanswered questions. Up to this point. the charges were unknown. There were questions as to how it elevated to this level. The original motion was to investigate the relationship between Ms. Bright and Mr. Ferrer. Now it escalated to the State Attorney's office. He inquired who called the States Attorney. The papers stated it was from James Cherof and he denied it. There were unanswered questions. They are trying to destroy someone who has done great work for the City of Boynton Beach. He explained whatever the outcome was, they needed to act at that time. They should not destroy anyone's reputation. Mr. Hay looked at the minutes back from 2005 when Mr. DeMarco inquired where Ms. Bright lived. She responded she lived in Delray Beach and she grew up in Central Florida. The minutes stated she would like to move into the City if the opportunity presented itself. That is part of the minutes from 2005. He explained this was a tough situation. He recalled years ago they had another situation that cost the City over $8M because they made a haphazard, flippant decision. There was nothing wrong with waiting until the results come back. There have been no charges and until he hears them he was unable to dismiss her from her duties. He expressed the Board should let her continue doing the job she was doing. When the report is received from the State Attorney's office, they could address it. It seemed more and more it was a witch hunt on someone who would not be hired in this County later on. It was costing the tax payers $150 an hour and he did not feel it was the best way to spend their dollars. He was not in favor of placing her on administrative leave. He was in favor of letting her stay on the job until they received the State Attorney's report. There may be grounds. It may be a felony of some kind and she is automatically dismissed because that was what the rule states, but if it did not come back to that, then they destroyed someone's image and he thought that was what it was all about. He urged the Board to be fair and have compassion. He expressed the Board should move their City ahead and not try to put another cloud over the City of Boynton Beach. The City had enough bad publicity and to make this haphazard decision, without any evidence was absurd. Mr. Orlove commented he spoke with Mr. Crispin. The reason why he did not agree with the motion Mr. Holzman made was because he did not have all the evidence. He made the motion for the investigation regarding the Executive Director and Mr. Ferrer based on the relationship regarding awarding the contract. He did not ask for it to be based on where she lived and how long she lived there. but to show some nexus in terms of the relation which was the road Mr. Orlove believed Mr. Crispin went down. He wanted it to be clear that the 24 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, FL September 14, 2010 motion was specifically on the relationship between the Executive Director and Mr. Ferrer in terms of moving forward with the contract that came forward with his company. He was not doing this easy or out of any type of misaligned or knee- jerk view. In his short tenure, he has had a great deal of respect for the Executive Director and her staff, but he has also seen other issues that have taken place and he has told her directly that showed there was bad judgment made. There is a cloud over the City and this Board and by putting her on administrative leave with pay, perhaps when the two investigations are resolved, they could make a firmer decision one way or another. If she was removed from the equation in the short term, then that may move them a little bit forward. Mr. Holzman inquired if the Board puts her on administrative leave what it would do to the automatic renewal provision. Attomey Cherof responded it would be an automatic renewal on October 1 st. Motion Mr. Holzman offered a substitute motion to put the Executive Director on administrative leave with pay; however, not renewing her existing contract. Attorney Cherof explained the contract the Board has with the Executive Director was a mutual document. It takes two parties to amend it. The Board cannot take action that unilaterally amends it. Chair Rodriguez inquired if she was reinstated, would the contract be reinstated at the same time? Attorney Cherof clarified suspending the Executive Director with pay has no effect on any provision of the contract. In the future, if she is reinstated a new contract would have to come along with it. Mr. Hay asked what the charges against Ms. Bright were. Attorney Cherot explained the only charges he was aware of were the issues raised by the Board for investigation. He had no idea what the investigation by the State Attorney was about. Some ot the information reported in the newspaper was inaccurate because it referred to him and he knows what he did and did not do and time will demonstrate what he did and did not do as well. The State Attorney did not disclose what they were doing unless they disclosed it to the Executive Director or her attorney. Attorney Cherof did not think there were charges. He thought the State Attorney's office was investigating. Mr. Hay inquired why they would then suspend someone if there were no charges. Attorney Cherof explained if there were charges, she would not be here. He clarified the State Attorney is conducting an investigation, the scope of which was not disclosed. Mr. Hay explained that report was not in. The Board was basing this on the attorney he hired. Attorney Cherof deferred to the maker of the motion to explain what the scope was. 25 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, FL September 14, 2010 It was noted there was a substitute motion on the table. Chair Rodriguez asked it there was a second to the motion. Mr. Holzman explained there was a motion and his substitute motion which was to add to Mr. Orlove's motion to put the Executive Director on administrative leave and not renew her existing contract. Attorney Cherot clarified it was actually a motion to amend. Mr. Holzman apologized and indicated it was a motion to amend. It required a second. Chair Rodriguez passed the gavel to Vice Chair Ross and seconded the motion. Mr. Hay reiterated they were making decisions on no evidence and no charges. The State Attorney's office had not made a decision. They were basing it on an investigation and he has not heard that report. He pointed out the Executive Director explained she knew the attorney. They had contact before, and yet they were still him. He expressed there were a lot of unanswered questions and they should not rush it through. They will still have an opportunity down the road when they get all the facts. Mr. Holzman explained they do know there is a fact. The fact was when the Executive Director was asked if she lived at Joe Ferrer's home or on his property. The answer to this Board and to the public was no. Secondly, that exact answer by her attorney in the newspaper stated the Executive Director did live on that property. That is a fact and there was no innuendo as well as all the other facts that he laid out tonight. Those were facts and it had nothing to do with any investigation by any other organization except for events that occurred here at this Board on the dais. They are not charges; they are facts. Chair Rodriguez commented the Board did not have to rely on the newspaper. If they talked to the investigator who had confided in him that he spoke to all the members except Mr. Hay, the investigator preliminarily concluded that there was enough evidence to reflect she lived at that address, and she directly lied and misrepresented the truth in public. An individual in the audience objected to the statements made and the man was cautioned he would be removed. Chair Rodriguez wished for the individual to be removed; however, the man pointed out Vice Chair Ross was Acting Chair and only she could do so. The man was warned the next time he had an outburst, whoever was Acting Chair had the authority to have him escorted out and he could listen to the balance of the meeting in the lobby outside of Chambers. Vice Chair Ross requested the officer stand by. Chair Rodriguez explained factually speaking from enough evidence that was shared with him by the investigator, Ms. Bright lied to this Board. He explained the City has been in chaos for a long time and the Community Redevelopment Agency has been in chaos for a long time. He thought it was interesting that he listens to constituents from Mr. Hay's district complaining repeatedly about nothing getting done in their district. yet he defends Ms. Bright. He explained this 26 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, FL September 14,2010 was not about an investigation. It was not about the State Attorney. This was about getting things done. It was about a downtown that was non-existent. It was about MLK that was non-existent. It was about Seacrest that was non-existent. It was not even about an investigation. Has she lied to this Board? - Absolutely. Can I trust her? - Absolutely not. Has she lied to me in the past? Absolutely. Have I shared it with this Board? No, because she regularly has misrepresented things to this Board and because they were not intimately involved in the day-to- day activities, like he had been, so they did not see those things. It was time to be leaders in this community and make a change and move forward. He explained they will have a new Board in place. Chair Rodriguez suggested doing a national search. He explained five years ago or whenever it was, Ms. Bright was promoted. There had never been a national search for somebody who had already done the job. He acknowledged that this Executive Director, while she has done some good things, had never been an Executive Director in a Community Redevelopment Agency. She has never built a downtown or a slummed and deprived area. He explained they had to step up and be leaders and bite the bullet. They had to move forward, make the decision and if the investigation comes back that she did not do any of those things and the State Attorney indicates she has not done any of those things, then the Board has an opportunity to reinstate her. That was fair enough. He explained it was his experience over the last month or two the Executive Director has not been focusing on her job. She has been focusing on the issues at hand with her attorneys and the State Attorney. He communicates with Ms. Brooks 99% of the time and her staff. The Executive Director was non-existent as far as communicating with him on the issues of the Community Redevelopment Agency. He thought an administrative leave with pay was appropriate and to see if they can get some clarity and move the City forward. Vice Chair Ross stated Chair Rodriguez sat here publicly and stated, when he was a Commissioner that he did not meet with the Community Redevelopment Agency Director, that he refused to meet with her and that he would only speak to her and to Ms. Brooks on the dais. She wanted to point it out because he spoke about how he was so involved and he knows exactly what she was doing or was not doing. Chair Rodriguez clarified it was as the new Chair. Vice Chair Ross explained he was the new Chair since March. Before March he was not. Vice Chair Ross indicated that he made that statement and he had" his reasons. She explained it was because of history and there was a lot of history. She commented it was a witch hunt as far as she could tell. If any investigations came back with concrete proof that she did something so terribly wrong, to remember he was called on the carpet in public because he answered a question incorrectly. It had to do if Auburn gave Chair Rodriguez campaign dollars and he responded they did not. Then he was corrected by one of the citizens who indicated he was given money by Auburn and he responded no. She asserted he made a mistake. Vice Chair Ross explained she was not going to bum Ms. 27 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, FL September 14, 2010 Bright at the stake for saying no when from what she understood, she should have said yes to the question of did you live on Mr. Ferrer's property? Vice Chair Ross explained this had happened on the dais to other individuals. Vice Chair Ross also spoke to the comments made about what the Board was doing. She explained it was insane to blame Ms. Bright for the lack of redevelopment when they were the Board and they set the policy. They have an Attorney who works closely with them, the Executive Director and staff. It did not all fall on the Executive Director that there was no "so-called" redevelopment. Plus with the economy and the changes in laws that affect redevelopment, the Board was aware of how much progress has not been made because of those factors. Vice Chair Ross explained they cannot say, to be completely fair, that it was the Executive Director, Lisa Bright's, fault. She stressed they could not make that assertion. Vice Chair Ross pointed out Ms. Bright has done a lot of good work, the Board acknowledged it and Vice Chair Ross appreciated the Board's recognition of it. Vice Chair Ross expressed she was not compelled to put Ms. Bright on administrative leave without pay, but if it happened, it would have to be with pay and she would want her contract to continue. She appealed to the members to not vote to put her on administrative leave at this point. The facts were not in. Vice Chair Ross implored the members to be fair. The Board members are all human, and some of what occurred could and has happened to some of them. The Board did not have the State Attorney's report and they did not know what the Crispin official report was showing. Much of it was the members' opinions and perceptions. The Mayor was the senior member. Mr. Holzman was new on the Board as was Mr. Orlove. Vice Chair Ross has worked with the agency for three years, as did Mr. Hay, and she appealed to the members to not put her on administrative leave. Mr. Hay commented it seemed strange to him that Chair Rodriguez had three years to bring this issue up and he never did until now. He asserted it was not fair for Chair Rodriguez to say nothing was done in the Heart of Boynton (HOB). He knew Chair Rodriguez had not been to any of the meetings because on numerous occasions there were charts and lists shown on what was accomplished in the Heart of Boynton. Has it been all that they wanted? - No, but Mr. Hay contended to say nothing was done was ridiculous. He agreed with the Vice Chair, it just was a lie with the Auburn issue and now he was using it against someone else to dismiss them. It seemed to him there was a tremendous inequity and he thought the Board needed to think about that when they voted. He cautioned this could come back to haunt them. He encouraged the Board to do the right thing and wait until they received the information so they could make a proper decision. Attorney Cherof clarified the roll call would be on the motion to amend. 28 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, FL September 14, 2010 Vote Mr. Holzman restated his motion to amend as a restatement of Board member Orlove's motion to place the Executive Director on administrative leave with pay and not automatically renewing the Executive Director's contract. The motion failed 2-3. The roll call was on the main motion. Vote Mr. Orlove repeated his motion was to put the Executive Director on administrative leave with pay. Mr. Holzman had seconded the motion. The motion passed 3-2 (Vice Chair Ross and Mr. Hay dissenting). Mr. Hay inquired when a substitute motion was made, if it did not kill the original motion. Attorney Cherof clarified it was a motion to amend because it was based specifically on the preceding motion and was just an amendment to it. First you take a vote on the motion to amend. If it tails or passes, you move on to the main motion. The motion as passed was effective immediately. Chair Rodriguez thought Ms. Bright should finish the meeting and she remained tor the duration. He explained through the procedures in place, the Assistant Director immediately takes the lead role in the Community Redevelopment Agency. Attorney Cherof confirmed that was correct. Chair Rodriguez inquired on October 1 when the contract renewed automatically, it she was still on administrative leave. Attorney Cherot confirmed that was correct. Mr. Hay inquired what would be the situation where she comes off administrative leave. Chair Rodriguez responded that would be up to the Board based on whatever information was available to them. Mr. Hay expressed his opinion it would be just as it was now - pulling something out of the air. F. Schedule of Board Training on Sunshine Law, Public Records Law and Ethics Law Attorney Cherof explained he touched on this item already. When the new Board was seated there was a need for immediate training on Sunshine Law, Public Records Law and Ethics Law. It could be deferred or scheduled as an agenda item for the first meeting that the new Board would take effect. He recommended the new Board be trained as quickly as possible. 29 Meeting Minutes Community Redevelopment Agency Board Boynton Beach. FL September 14.2010 Mr. Holzman inquired if this could happen prior to the new Board's sitting with the interim attorney. Attorney Cherof responded it could or it could occur after the appointment or before they take office on the first Tuesday following their appointment. He expressed he thought that would be the best way to handle the situation to ensure everyone understands when they are sitting exactly what the rules and regulations that pertained to them are. G. Review Status of Contracts/Projects Being T ransitioned Attorney Cheraf explained he worked with Ms Bright and Ms. Harris on this item. Ms. Harris put together a database of the existing contracts so when the new Board comes in, they were aware of what they are, when they expired and if there were any subcontracts. He thought it was already accomplished. While he had not seen the list, Ms. Harris explained to him what was on it and it sounded like it was in order. Attorney Cherof advised he was already in the process of logging the records that were in his possession for transition. As Board members, he did not know what their individual method ot retaining records were. They are public records. He requested they keep them in order and be prepared to transition them to the Board Clerk and to the new members when the time was appropriate. The quicker the new Board receives what they have, the better it would be. Mr. Orlove inquired for the new members whether anything they received prior to them sitting on the Board would be considered public record. Attorney Cherot advised he would treat it as public record due to the broad nature ot the public records law. Mr. Orlove explained when he was running for office he received the Downtown Master Plan. He may have notes on it. Attorney Cherot did not believe it fell under the category. That was a document that already existed and was in possession ot the Community Redevelopment Agency. There was no need to have duplicate copies of it. H. Consideration of Issuing Construction Management at Risk RFP for Ocean Avenue Projects Ms. Brooks explained this item was supposed to be on the October agenda but at the request of the Chair, it was put on this agenda. She was unsure if Legal reviewed the item. She explained for the most part, the document was complete but there were some blanks. Attorney Cherof explained he reviewed the documents that were presented and it was a work in progress. The base contract needed additional work. While it did contain the necessary components of what would be provided through a request for proposals or request for qualifications, it was not ready and needed some work before it was published. 30 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, FL September 14, 2010 Chair Rodriguez inquired if the motion could be to issue it once it reached a satisfactory level. Attorney Cherof responded they could unless there were policy issues that should be determined by the Board first. Ms. Brooks explained the first issue was the date of issuance, which was dependent on completion of legal review and when they wanted it to come back. She explained she included three projects within it which were: the amphitheater, the marina entryway feature and the Ruth Jones project because they were ready to go. Mr. Holzman inquired if it was a matter of course to present an RFP such as this including three separate projects. Ms. Brooks responded she has seen it done. They were small projects. She thought that by wading through and grading three separate responses responses and managing three different contractors, they could lose some efficiency. She thought they would lose in pricing as well. Chair Rodriguez commented the issue date was ASAP, as soon as Legal gave its approval. Ms. Brooks suggested giving 45 days. While the projects were small, they were diverse and they would need to hold pre-bid meetings, generally after issuance of an RFP. She thought 45 days was the best case scenario. Chair Rodriguez proposed 45 days. There was consensus to use that time frame. Chair Rodriguez advised he had requested the item be put on this agenda because they were trying to move the downtown forward and these were three great projects. There was no reason to wait two months to get the items in front of them. He preferred staff focus on this. He thought they needed priorities. He liked to set a priority for staff to get it on the agenda as soon as possible. Ms. Brooks announced the projects were moving forward. They were not static. They had a TART meeting for the Jones Cottage. Mr. Simon was in for permitting for the fuel docks. Staff was moving items forward. They could work on them parallel so they could be ready to go. Ms. Bright explained staff had brought forward their continuing contractor CM at Risk Kaufman Lynn, and the Board chose not to go forward. Staff would have brought three contracts back this month. She wanted to ensure the Board knew that staff knows it is very important. There was no delay on staff's part, it was just a change in the Board's decision in terms of what contractor they wanted to use instead of the continuing contractor. Motion Mr. Holzman moved to approve. Mr. Orlove seconded the motion. The motion passed. I. RFP for promotional entertainment services to New Business Item I. 31 Meeting Minutes Community Redevelopment Agency Board Boynton Beach. FL September 14. 2010 Chair Rodriguez requested this item be on the agenda. He explained he did not believe they signed a contract for a promotions person for this December. Ms. Bright explained there was no money in the budget, and there was no time to do an RFP. Staff would do it. Chair Rodriguez expressed he wanted entertainment. Ms. Bright believed staff could do it because the budget was too tight The budget was down by $75,000 which significantly affected the event XV. Future Agenda Items: A. Small Business Incubator Concept Project at MlK & Seacrest B. Discussion of Potential Maintenance Program for 500 Ocean Site C. Purchase Agreement between the CRA and Habitat for Humanity D. Proposals from Interested Parties for Ocean Avenue Projects E. 1002 MlK Blvd. Beautification Options XVI. Adjournment There being no further business to discuss, Chair Rodriguez adjourned the meeting at 10:05 p.m. 0lttu:..\Jv}UL (i~llL Catherine Cherry 0 Recording Secretary 092710 32 MINUTES OF THE SPECIAL COMMUNITY REDEVELOPMENT AGENCY BOARD MEETING HELD ON TUESDAY, SEPTEMBER 21,2010 AT 6:30 PM IN THE CITY COMMISSION CHAMBERS CITY HALL, BOYNTON BEACH, FL PRESENT: Jose Rodriguez, Chair Marlene Ross, Vice Chair Woodrow Hay Steve Holzman William Orlove Lisa Bright, Executive Director James Cherot, Board Attorney I. Call to order - Chainnan Jose Rodriguez Chair Rodriguez called the meeting to order at 7:30 p.m. and explained the meeting had been called to hear only one matter, a report and investigation of the Executive Director, Lisa Bright. II. Roll Can (There was no roll call) III. Discussion and action on report of Investigation of Executive Director Attorney Cherot reviewed that the Board had instructed him to pursue an investigation of the Executive Director with respect to an alleged relationship between her and Joseph Ferrer who operates Sunset Entertainment Group. An outside investigator had been retained, Crispen Special Investigation Incorporated, and specifically Robert Crispen who was present with an associate. Mr. Crispen was present to respond to any questions of the Board regarding the completed investigation. Mr. Crispen's investigative report with an executive summary had been delivered on September 17, 2010 and it was subsequently hand delivered to the Board members that afternoon. The Palm Beach Post and Palm Beach County State Attorney's office had also requested copies of the report that were also delivered. Lisa Bright's attorney, Mr. Garcia, had requested a copy ot the report and it was delivered to him on Friday as well. The report was very detailed with backup material and was clear regarding the scope ot the investigation and the information received from Attorney Cherot. The investigation was self directed. Attorney Cherot disclosed there had been a few communications between himself and Mr. Crispen relating to the scope of the investigation when intormation received could have expanded the direction of the Community Redevelopment Agency (CRA) Board's directive. Meeting Minutes Community Redevelopment Agency Board Boynton Beach, FL September 21, 2010 Vice Chair Ross advised she had spoken to the investigator by phone and her questions had been answered.. Messers. Orlove, Hay and Holzman had no questions Mr. Orlove read the following statement: "Before I make my statement, I want to make clear that my decision on this issue is neither made easily or hastily. I try to be objective regarding the situation and came to my decision from the information I have received from a variety of sources and observations. I also have made this decision in what I believe is the best interest of the CRA and the City. I am not basing this decision on personalities, politics or any public forum. As I stated during the CRA meeting on September 141h, I have respect and appreciation for the work that has been carried out by the CRA Executive Director, Lisa Bright, and her staff. CRA has made efforts to revitalize parts of our City that are blighted and in need of redevelopment. They have been honored for their work with local and state- wide recognition. But words, platitudes and successful projects are not the focus of why we are here tonight discussing the status of the Executive Director's continued employment with the CRA. The reason we are here tonight is to determine whether or not the CRA Board can trust Lisa Bright to lead the CRA as its Executive Director and accomplish its mission. I made the motion to investigate the relationship between Lisa Bright and Jose Ferrer and the awarding of CRA contracts to Sunset Entertainment Group which is owned and operated by Mr. Ferrer. The report by Crispen Special Investigations clearly establishes a personal relationship between the two individuals. The Crispen report also clearly shows that $186,000 was awarded to Sunset Entertainment Group from 2006-2009 to supply entertainment for the City's Holiday concert. Each contract was signed by Lisa Bright. Each contract awarded money to Sunset Entertainment Group in excess of $25,000. According to the CRA rules of governance under Administration, the Executive Director shall quote, I. . . expend CRA funds or authorize the expenditure of CRA funds only in compliance with State and City law' end quote. According to the City's Code of Ordinances, Chapter 2, Article 4, regarding purchasing and consultants and under the City's Administrative Policy Manual, Chapter 10, all purchases of services in excess of $25,000 shall be made after the public publishing of request for bids. Furthermore, the CRA's procurement policy states that all purchases over $25,000 require a formal competitive bid or proposal. According to the information I have received I do not believe that these procedures were followed. In addition, I have 2 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, FL September 21,2010 not been supplied with any records showing that these contracts were approved by the CRA Board and that Lisa Bright made clear to the Board that she was securing contracts with a vendor that she new personally. According to the minutes of the July 20th meeting of the eRA Board, Lisa Bright explained that Sunset Entertainment, quote I. . . was contracted to provide bundle services that were approved by the Board of Directors . . .' end quote, as part of an interlocal agreement between the City and the CRA. According to the information I have received, the interlocal agreement did not include the contract with Sunset Entertainment but did include the duties of the eRA Special Events Manager and a funding split between the CRA and the City on jointly sponsored events. To me it seems that City and CRA policies were not followed in the issuing of these contracts, which is troubling. What also bothers me is that I have not seen or been made aware of any document or statement showing that the CRA Board was aware of the contracts or the relationship between Lisa Bright and Joseph Ferrer. In my opinion, Lisa Bright, as a government employee should have disclosed her relationship regarding Joseph Ferrer to the CRA Board and let it determine the outcome of the contracts. Neither of these happened. During my six months on the CRA Board, I have always found Lisa Bright to be responsive, professional and efficient in handling questions or issues that I have brought up to her privately and publicly. However, that does not seem to be the case with other members of the CRA Board and some members of the public. There have been incidents during the past six months that, in my opinion, have shown questionable judgment by Lisa Bright in handling these situations. Some of these situations have not been handled well by others involved as well. Yet these incidents and the manner in which they have been handled have stymied the productivity of the Agency. The contracts with Sunset Entertainment Group and the incidents that have taken place over the past six months have collectively caused me to be concerned about entrusting Lisa Bright to effectively manage the operations of the CRA. Since I was elected I have supported an appointed CRA Board. We are on the threshold of making that transition. As a new CRA Board is selected we also need a new CRA Executive Director to provide a new start and commitment to the CRA district in the City. We all need to put the past behind us and look forward to a better future for the City and its residents. Therefore, I make a motion to terminate the contract with Lisa Bright in her position as Executive Director of the CRA and move forward with the hiring of a new director to be determined by the new CRA Board. Thank you, Chair." Mr. Holzman questioned if the intent of the motion was to terminate the contract effective today, rather than not renew. Mr. Orlove agreed. 3 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, FL September 21,2010 Chair Rodriguez inquired of Attorney Cherof if the motion was legally acceptable. Attorney Cherof advised it was appropriate and explained the contract has an annual term that rolls over on October 1st of each year unless replaced by a subsequent agreement. The effect of the motion would be to exercise the CRA's unilateral right to terminate the Executive Director's employment with the CRA, covered under section 7.3 of the contract. It provides, "If this contract is terminated by unilateral action of the CRA Lisa Bright shall be entitled only to the following unless it is determined that Lisa Bright is guilty of misconduct or gross negligence of duty or is charged with a crime. In that case she shall be compensated only for the actual time worked." Two provisions are listed dealing with 45-days notice and 120 days of severance payor dismissed immediately, 150 days of severance pay. Attorney Cherof understood the motion to result in a severance pay provision as it was not conditioned upon any type of finding of guilt or misconduct or gross negligence. Mr. Holzman seconded the motion. Chair Rodriguez questioned if the severance would be 150 days and any accumulated time. Attorney Cherof agreed and there would be additional benefits as provided to all CRA employees such as reimbursement of unreimbursed expenses, life and disability benefits if applicable, total accrued retirement and automatic vesting of all CRA matching retirement to date of termination. The total value was not available. Chair Rodriguez estimate the value would be in excess of $60,000. Mr. Holzman moved to amend the current motion and redact the word "terminate" and switch to "not renew the existing contract". Attorney Cherof clarified that the affect would be the same. Vice Chair Ross seconded the motion. She again commended Lisa Bright for all her hard work and dedication. Based on the information given to her and the reports, she had concluded some procedures had not been followed and some disclosures were not made. She believed the decision was in the best interest of the CRA and the City. Mr. Hay opined it was a sad day for Boynton Beach. The Commission had allowed the Mayor to dismantle a great CRA operation. The focus and effort of the Board has been lost. The decision should be carefully considered to avoid further dissention and a possible lawsuit similar to a previous action that cost taxpayers $8 million. Mr. Hay asserted the citizens should be outraged by the actions of the Board. The Commission accepted the fact she lived in Delray in 2005. He stated a vigilante hunt has been ongoing since March of 2010 affecting the entire staff that continued to function as an organization. Mr. Hay announced he had lost confidence in some of the Board members. He contended the Mayor had lied about receiving funds from Auburn Group and the City Attorney had lied about not knowing 4 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, FL September 21,2010 what the charges were. The State Attorney indicated Attorney Cherot had called about the investigation and that was denied by Attorney Cherot. Ms. Bright reported she knew the investigator and yet he was allowed to conduct the investigation. Mr. Hay insinuated favors may be being paid and he could not even trust the City Manager. Mr. Hay held many others should be investigated. Ms. Bright may have exercised poor judgment, but the Commission had also and the City Attorney. Lisa Bright should be supported for not being controlled by the Mayor like many others. Her residency should not be an issue and was minor in comparison to her many awards and work effort. The problem was the CRA Board. It was Mr. Hay's recommendation that the Board be replaced and Ms. Bright restored to her position to solve the issues. He asserted none of Mr. Crispen's efforts were legal and any possible charges have never been revealed. The vote had been taken to suspend Ms. Bright before the first report had been received and termination before any findings of the State Attorney General are announced. According to Mr. Hay, Ms. Bright should be restored to her position and policies be implemented to move the City ahead. He expressed sympathy for the taxpayers if the termination process were continued. Chair Rodriguez stressed the matter involved $300,000 of taxpayer monies paid to a friend and associate without disclosure. The necessary trust was gone to move the City forward. No-bid contracts could not be awarded at any time. The Chair pointed out the State Attorney General investigation could involve criminal charges rather than administrative policies. The motion to amend passed 4-1 (Mr. Hay dissenting). Mr. Orlove referred to the contract, Article 7.1.2, that clearly stated, "Lisa Bright serves at the pleasure of the CRA Board and may be terminated by the eRA Board without cause." Attorney Cherot concurred. The main motion passed 4-1 (Mr. Hay dissenting). IV. Public Comment V. Adjournment ~Chair ROdri~z PiJroRerty adjourned the meeting at 7:55 p.m. . C-. ,'K' , - 1t" U '- r(), 1..i &-- dith A. Pyle ,1 ;, eputy City Clerk' 5 MINUTES OF THE COMMUNITY REDEVELOPMENT AGENCY BOARD MEmNG HELD ON TUESDAY, OCTOBER 12, 2010, AT 6:30 P.M. IN CITY COMMISSION CHAMBERS, BOYNTON BEACH, FLORIDA PRESENT: Jose Rodriguez, Chair Marlene Ross, Vice Chair Woodrow Hay Steven Holzman William Orlove Vivian Brooks, Interim Executive Director Jim Cherof, Board Attorney I. Call to Order The meeting was called to order at 6:30 p.m. II. Pledge to the Flag and Invocation Mr. Hay offered the invocation followed by the Pledge of Allegiance to the Flag led by Mr. Holzman. III. Roll Call The Recording Secretary called the roll. IV. Agenda Approval: A. Additions, Deletions, Corrections to the Agenda The following changes were made to the agenda: . VII. Consent Agenda, Item A was pulled for discussion by Mr. Orlove. . XIII. New Business, Item C was requested to be tabled by Chair Rodriguez as a number of communications had been received on this issue. There was no objection to the request. B. Adoption of Agenda Motion Mr. Hay moved to approve the agenda excluding the items pulled. Mr. Orlove seconded the motion that passed unanimously. 1 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida October 12, 2010 V. Informational Items by Board Members. eRA Attorney: None. VI. Announcements. Awards Mr. Hay announced he had attended the opening of Florida Career College and was impressed with the College's organization. The College, which is located on Congress Avenue in the City, has the ability to accommodate 250 students, and 100 students had enrolled to date. Cosmetology services, including haircuts, manicures and pedicures, were available to the public. Vice Chair Ross commented that many of Mr. Hay's constituents in District II attended the Florida Career College, utilizing Molly's Trolley to access the campus. Chair Rodriguez noted he had attended the original grand opening and was impressed with the College. VII. Consent Agenda A. Approval of Period Ended September 30,2010 Financial Report This item was pulled for discussion by Mr. Grlove. B. Monthly Procurement Purchase Orders VII. Pulled Consent Agenda Items: A. Approval of Period Ended September 30, 2010 Financial Report Mr. Orlove inquired why there was such an increase in fuel sales at the Marina. Susan Harris, Finance Director, advised that sales were dependent upon volume as well as gasoline and diesel fuel prices. Since there had been a drop-off in fiscal year 2008/2009, staff had been conservative in its projections for 2009/2010. Fuel sales during the spring season were favorable and resulted in an increase in revenues and expenses. However, the Agency remained "in the black" in terms of the overall Marina. Mr. Orlove commented on line item 225 shown on page 18 of the report. It appeared the CRA was conSiderably over budget for association meetings and seminars, and he inquired as to the reason for this. It was explained the figures pertained to the percentage of the budget remaining rather than to negative figures. 2 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida October 12,2010 Motion Mr. Orlove moved to approve Item A of the Consent Agenda. Vice Chair Ross seconded the motion that passed unanimously. IX. Information Only: A. CRA Policing Activity Reports B. Public Comment Log C. Letter to South Florida Regional Transportation Authority re: Funding for Trolley D. Local Vendor Outreach E. Fireworks by Grucci Contract Discount F. The ABCs of CRA Seminar X. Public Comments (Note: Comments are limited to three minutes in duration) No one coming forward, Chair Rodriguez closed the public comments. XI. Legal: A. REQUEST FOR CLOSED ATTORNEY ICLIENT SESSION - Pursuant to Section 286.011(8), Florida Statutes in the Case of Boynton Beach Community Redevelopment Agency adv. Splashdown Divers, Inc. - Case No. 502010CA012453XXXXMB - Closed-door meeting date and time to be established Attorney Cherof requested a closed-door meeting with the Board to discuss the pending litigation with Splashdown Divers, Inc. and their tenancy at the Marina. He advised 20 or 30 minutes would be needed to discuss the case and litigation strategies. He pointed out that the judge in the case had granted the plaintiff 15 or 20 days to amend its complaint, which would provide additional time for Attorney Cherof and the Board to meet. The members agreed to hold the closed-door session at 6:00 p.m. on the date of the next eRA meeting. XII. Old Business 3 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida October 12, 2010 A. Consideration of Maintenance Program for 500 Ocean Avenue Site Mike Simon, Development Director, noted the item was brought before the Board to consider a maintenance program for the former 500 Ocean Avenue site at the corner of Federal Highway and East Ocean Avenue. The Board had directed staff to explore possibilities for working with the owner to establish a maintenance plan or come up with ideas for remedying the unsightly condition of the property. Staff had contacted the owner and the Bank and neither was willing to do anything. The Bank, however, had been working with Code Compliance on some of the issues. The options suggested by staff are as follows: Option 1 provided estimated costs to clean the lot and eliminate, remove and grade the fence which would provide additional green, open space, and open the view of the Ocean Avenue corridor from Federal Highway. Option 2 providing for approval for the CRA to perform the actions and lien the property was no longer feasible, as it was discovered the CRA did not have the legal right to lien the property after mowing the lot. Option 3 would be to take no action at this time with regard to mowing or other maintenance, and allow Code Compliance to continue to work through and resolve those issues with the owner. Mr. Simon advised the proposals did not include the removal of the fence, as the CRA did not have the right to do so. He did not believe the owner would want the liability risk of removing the fence. Removal of the torn screen and enhanced maintenance would improve the appearance of the lot. The cost provided by Superior Landscaping for the initial cleaning of the property, grading and disposal of debris would be $7,700. Thereafter, the cost to sod the entire parcel would be $9,000. It was believed the cost for the initial cleaning and mowing ot the property would amount to $3,000-$5,000. After that, the monthly maintenance cost for mowing and cleanup would be $1,500-$1,600. Mr. Hay commented the parcel was prime property and as such, it should be as attractive as possible. Rather than expending the costs set forth, he felt the lot should be mowed and that no further action should be taken by the CRA. Mr. Simon pointed out that as the item was not budgeted and the property was privately owned, a budget amendment would likely be necessary. Attorney Cherot noted the CRA's only legal alternative was Option 3 because the Board did not have the authority to implement Options 1 or 2. While it was the Board's desire 4 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida October 12, 2010 to clean up the property, the Board had no authority to improve or maintain private property and there were no provisions in the CRA Plan to do so. Option 3 would be the best choice as the City did have authority that the CRA did not have with respect to nuisance properties. COde Compliance action Is currently pending on the property and this could be an additional aspect to be considered. Vivian Brooks, Interim Executive Director, felt mowing would be necessary on more than one occasion since the property was in foreclosure. Attorney Cherof indicated that while the owner had authorized the CRA to perform the maintenance, the CRA did not have any written agreement with the owner to do so. Additionally, the affect of the agreement could not be known in light of the foreclosure proceeding. Court approval would be necessary in order for a side agreement with the owner to be enforceable. Additionally, no funds had been appropriated, nor would any currently fit in any category under the budget or CRA Plan for maintenance ot the property . Chair Rodriguez inquired whether the Board wished to direct Mr. Simon and Attorney Cherot to work with the owner to determine whether an agreement could be reached for mowing and maintenance. A dollar amount could be ascertained at a later date. The Board agreed. Mr. Orlove agreed with Attorney Cherof as to the selection of Option 3. He was not in favor of spending money to clean a site that could be in foreclosure for some time and which he considered to be an eyesore. Chair Rodriguez disagreed and felt the property should be cleaned up if it remained in foreclosure because, with the redevelopment of Ocean Avenue, visibility to the new restaurants would be obstructed by the site. Mr. Holzman felt the condition of the property would deter visitors from frequenting the downtown area. Attorney Cherof suggested exploring some type of relief on a temporary basis in the foreclosure proceeding and securing an interim order from the court providing the CRA authority to improve the property. The Board agreed to the suggestion and to have Attorney Cherof report his findings. Attorney Cherot pointed out it would still be necessary to review the CRA Plan as well as the budget to determine the manner in which the funds could be expended. Mr. Hay inquired whether the same rules and regulations applied to residents with regard to Code compliance. Scott Blasie, Code Compliance Administrator, confirmed the same rules did apply. As a result of the depressed economy and existing foreclosure crisis, a number of unsightly properties existed. However, as the 500 Ocean Avenue site Is a focal point in the CRA district, it is much more obvious. Mr. Blasie 5 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida October 12, 2010 noted the Code had recently adopted an ordinance which allowed the City to hold banks responsible for property maintenance once a foreclosure action was filed. However, the Bank had no interest in complying with regard to the 500 Ocean Avenue site, as it had other problems. Mr. Blasie agreed to work with Attorney Cherof and Mr. Simon in their efforts with the property owner. B. Consideration of Beautification Options for 1010 N. Seacrest Blvd. (Roberts Bldg.) Chair Rodriguez noted the similarity of this item to the preceding item. In this instance, however, the CRA is the owner of the property. Mr. Simon reviewed the item brought before the Board. At the last meeting, the Board directed staff to bring back beautification options for the property once the property had been demolished. Last week, the building was demolished and the property leveled in preparation for the proposed beautification. An existing cement wall remained on the property, and at the last meeting, it was suggested staff work with Debby Coles- Dobay, the City's Public Art Administrator with regard to a mural to be painted on the wall. Improvements to the wall would enhance the site more than merely sodding the property. Ms. Coles-Dobay had received estimates from qualified artists to paint the mural which were presented to the Arts Commission at its September meeting. The Arts Commission selected Chen Shepard to produce mural concepts for the wall and recommended to CRA staff a budget of approximately $3,000 for the artwork. Mr. Simon presented three options to the Board as follows: Option 1 pertained to the approval of a budget of approximately $6,600 for the installation of Bahia sod, mulch and coconut palm trees. Additional funds would be required for the artist's services. Option 2 would be to approve a budget amount of $3,500 for the sod only. Option 3 would include options 1 and 2, and would approve an additional $3,000 for some type of artwork for the existing wall. The final design approved by the Arts Commission would be presented to the CRA Agency Board for approval. The Board could allow the Arts Commission to handle the project directly, if it wished to do so. Mr. Simon explained the Board could select anyone of three options or a combination thereof. He recommended, at a minimum, that Bahia sod be planted at the site. Mr. Hay commented the property was located in a major, high-traffic area of District II, and as such, he believed the parcel should be as attractive as possible. Mr. Simon noted suggestions for the wall included a mural of a field of flowers. The maximum 6 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida October 12, 2010 package (the coconut trees, Bahia sod and mural) would run approximately $10,000. If the wall was painted white, eliminating the artwork, and the coconut trees and sod were installed, the cost would cost would fall into the $5,500-$6,000 range. Ms. Brooks felt the property should be sodded. She explained that previously, for the Brandom property, railroad ties had been installed and the property was grassed. As part of the Seacrest project, Public Art would be installed at the intersection of MLK and Seacrest Boulevard to Include four panels on each comer. An additional vertical piece would be located in the Sarah Sims triangle. She suggested a few trees be added, not necessarily Coconut Palms, which are costly. Grass would prevent a barren feel when driving by the area. She added the appearance of the neighborhood was in the midst of changr and she hoped the CRA properties were contributing to the positive change. Mr. Holzman suggested an option of just grass and railroad ties. Mr. Simon explained this was covered by Option 2 which could also include the railroad ties. Chair Rodriguez agreed with Option 2 as there were ample trees in the swale area. The Board agreed benches should not be placed on the property. Motion Mr. Holzman moved to approve Option 2. Mr. Hay seconded the motion that passed unanimously. C. Consideration of Authorizing Funding in the amount of $ to the Palm Beach County Commission on Ethics to Provide Investigation Services to the CRA Attorney Cherof provided background on the item. The City had previously agreed to submit to the jurisdiction of the Palm Beach Ethics CommiSSion, and the CRA Board has agreed to do so as well. The first step in the process includes training to be provided by the County to City staff and Board members as well as CRA staff and the CRA Agency Board free of charge. The County does not believe the CRA is covered under the City's jurisdiction in the conduct of an investigation of a complaint and wants to enter into a separate agreement with the CRA, charging a flat fee. The amount suggested was $5,000-$10,000 for the first year, with the amount to be evaluated at the end of the year. Pursuant to the communication received by Attorney Cherof, the County was not opposed to an hourly rate, but as mentioned above, suggested a flat fee. Attorney Cherof did not favor a flat fee, and suggested negotiating further regarding an hourly rate and the expectation of time involved. Training had not yet commenced and nothing was pending. Attorney Cherof requested the Board's authorization to respond that the Board was not yet comfortable with the flat fee. There was Board consensus to authorize Attorney Cherof to respond. 7 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida October 12, 2010 D. Consideration of Four-Month contract for Molly's Trolleys Ms. Brooks noted the item was placed on the agenda as a direct result of the last meeting to bring forward a contract for four months until a transit system could be established for the residents. Ms. Harris advised the rate paid last year for 12 months was $71, while this year's rate is $67 with the four-month contract. A question was raised as to the $15,000 regarding signage for the 4 months. Ms. Brooks indicated a meeting would be held the week of October 23rd including City staff, Mr. Bointon and "Molly" regarding the development of a transportation process. Pending the outcome of the meeting, the $15,000 might not be needed. Mr. Orlove questioned whether the Board should enter into a contract at this meeting, and inquired whether the item should be tabled. Ms. Harris commented the trolley had been operational since October 1st. If the issue were tabled pending the discussion, it was likely the $20,000 termination would be triggered. She noted the funds had already been set aside for this purpose. Chair Rodriguez's position was that the transit system was "nice-to-have, II but resources were not currently available. By a majority vote, however, the Board's directive was to move forward. He inquired whether there was a change of heart. Mr. Orlove noted he suggested the issue be extended on an interim basis. Ms. Brooks acknowledged the four-month contract could be cancelled early, and a purchase order had been completed for the $20,000 cancellation fee. Chair Rodriguez recalled the contract would have run for three months, but staff needed four months to resolve all issues relating to the incorporation of the various transportation methods. Mr. Brooks advised staff was waiting to hear from the South Florida Regional Transportation Authority to determine whether funding was available. She anticipated hearing from the South Florida Regional Transportation Authority at the end of the month. Mr. Hay wished to preserve the four-month contract. Ms. Harris noted the item was funded in this year's budget by taking the funds owed the City for the 4th Street project. Vice Chair Ross inquired whether the Board wished to discuss an email from Attorney Cherof regarding decisions made by the Board in accordance with CRA statutes. Chair Rodriguez recalled seeing something relating to the Trolley and whether it was allowed as it traveled outside the CRA district. The Trolley system had been approved in 2004 and nothing had been changed. Chair Rodriguez thought perhaps this issue should be reviewed as part of the restructuring. 8 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida October 12, 2010 Mr. Harris verified that if, after the meeting, it was determined the process was not workable, the cancellation fee would remain at $20,000. Motion Mr. Hay moved to approve the service modification amendment between the CRA and Molly's Trolley. Mr. Orlove seconded the motion for discussion as he wished to amend the motion. Motion Mr. Orlove moved to amend the motion to only renew the contract for the $136,680 and not for signage at this point. Mr. Hay seconded the motion that passed 4-1 (Mr. Holzman dissenting). E. Consideration of Options for the Delray-Boynton Academy Ms. Brooks noted this item had been discussed at the last meeting. The property is located at 425 E. Martin Luther King, Jr. Boulevard and was formerly the home of a charter school owned and operated by Mr. Green. The County and the CRA had provided a grant of $100,000 to Mr. Green to construct the new building and open the school. The relatively-new building is made of steel and is not "CBS" constructed. It consists of 8,500 SQuare feet on .83 acres of land, with 15 parking spaces at the site. The future land use designation would be "Local Retail and Neighborhood Commercial Zoning." Ms. Brooks was directed to determine what could be done with the building. She had spoken with Mr. Green regarding the Property Appraiser's estimated value of $795,000, which Mr. Green currently indicated he would accept. CRA staff would also secure an appraisal per State statute. Mr. Green would not agree to hold a purchase money mortgage in favor of the CRA. Most of the property owned by the CRA on MLK Boulevard is at Seacrest Boulevard. The CRA does not own any property adjacent or even near the site and as such, there would be no strategic value to the acquisition. If the Board was desirous of moving forward and Mr. Green was willing to negotiate further, the site could be used as a small business incubator, a non-profit health clinic, police sub-station, Community Caring Center or a grocery which could be leased. The CRA would only purChase the building if a user could be secured. Mr. Holzman had spoken to Mr. Green at length on this matter. Mr. Green advised he had been contacted by another church wishing to enter into negotiations. If the Board decided against the purChase of the building, the property would be purchased by a church and removed from the tax rolls.i 9 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida October 12, 2010 While Chair Rodriguez was impressed with the options and potential uses provided, the CRA had no funds to purchase the property, nor did it fit in with any current plans. As such, he did not believe this matter should be entertained any further, Mr. Holzman suggested the Board help Mr. Green locate a tenant. Ms. Brooks noted Mr. Green is currently holding a 14-year lease on the building which he is attempting to reconcile. There was Board consensus to assist Mr. Green in locating a tenant for the building which would also help the HOB (Heart of Boynton). No other action was taken. F. Status of Ocean Breeze East/Auburn Group Chair Rodriguez noted the letter received by the Auburn Group was self-explanatory, but it would be necessary for the Board to determine what it wished to do. Ms. Brooks had contacted another proposer at the direction of the Mayor, but the developer would be utilizing the same pool of money, Low Income Tax Housing Credits, at 9%. The new rules for the tax credits make it very difficult to secure funding in Palm Beach County for multi-family rental. Additionally, the CRA is not located in a Transit- Oriented Development (TOO), and the new rules are being used to promote development toward TODs. The CRA would not accumulate enough points to even score. Approximately $150,000 is required to put in an application to the Florida Housing Finance Corporation. The rule changes this year did not favor the Ocean Breeze site. Staff recommended that, because of the rule changes, especially with regard to the Transit-Oriented Development (TOO) in the County, that the CRA land bank the site until Ocean Breeze West is developed. Ms. Brooks will be bringing back information in November or December related to Ocean Breeze West. Motion Mr. Hay moved that the Board go with the staff recommendation that the CRA land bank the site until Ocean Breeze West is developed and sold out so as not to create competition with the CRA efforts. Vice Chair Ross seconded the motion that passed unanimously. G. Status Report and Follow-up on Lease for 710 N. Federal Highway Ms. Brooks informed the Board that the lease had been executed. It would be necessary for the landlord's architect and contractor to perform worked required on the interior and the exterior. It was staffs desire that the main entrance be located on 10 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida October 12, 2010 Federal Highway in order to achieve a more urban look. Once the plans for the exterior were received, REG Architects would be laying out the plans for the interior and the project could move forward Vice Chair Ross recalled that at a recent City Commission meeting, citizens had commented on the Holiday House. She clarified for the record that in between the two CRA Board meetings held during which the Holiday House proposal offered by Mr. D'Almeida had been discussed, she had been informed by Boynton Beach Real Estate that Sharon Grcevic had been involved in the process as a referral agent. Vice Chair Ross publicly disclosed that she had voted for contingent approval of the Holiday House Lease Agreement and had informed the Interim Executive Director, Vivian Brooks, and the CRA Board Attorney that she wanted the correct language regarding the third party (Boynton Beach Real Estate and Sharon Grcevic) inserted into the Lease Agreement. From what Vice Chair Ross understood from the CRA Board Attorney, the third party would be paid by Mr. D'Almeida, and not the CRA. Chair Rodriguez agreed the relationship between Boynton Beach Realty and Mr. D'Almeida had nothing to do with the CRA or the Board. Boynton Beach Realty became involved when Chair Rodriguez visited the Realty office to discuss the various options at the time the proposal was on the table. At his request, Chair Rodriguez was provided with a list of the buildings available on Boynton Beach Boulevard or North Federal Highway, and he had brought the list back to the Board. Ms. Grcevic had never shown the property to Chair Rodriguez. Chair Rodriguez had visited the site at the time he had received the listing Information, and had walked around the outside of the building by himself. The only time he entered the building was when he was directed by the Board to speak with Mr. D'Almeida. On that occasion, Chair Rodriguez met with Mr. D'Almeida, and both went inside the building. That was the extent of Chair Rodriguez's involvement. Mr. Hay disagreed. He recalled a motion had been made that Chair Rodriquez was to meet with the CRA's Executive Director and work with Mr. D'Almeida regarding the HOliday House. Mr. Hay was not aware of a realtor being included in the package. If that were the case, Mr. Hay believed an RFP process should have been utilized so that others would have an opportunity at redevelopment or that another site would be considered. He believed there was confusion as to what really took place and the direction provided by the Board. There was a gray area. Mr. Hay recalled Chair Rodriguez bringing back to the Board a document relating to the location. This led Mr. Hay to believe Chair Rodriguez had been handling the negotiations rather than a third- party realtor, and that the Board had neither approved nor was aware of such action. Chair Rodriguez explained the third party's role was to review the MLS software for the available properties, and provide a listing to Chair Rodriguez. Upon his receipt of the 11 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida October 12, 2010 listing, Chair Rodriguez drove by the property on his own, without Board direction, as the item had been placed on the agenda and he wanted to explore other options. Mr. Hay inquired whether Chair Rodriguez had ever met with the Executive Director. Chair Rodriguez reiterated that when the item was placed on the agenda, he investigated other options on his own, and drove by the property. He then brought the listing to the Board and the Holiday House was one of several properties listed. The Board members felt the Holiday House was the more suitable consideration and directed Chair Rodriguez to work with the Executive Director to arrange for a meeting with Mr. D'Almeida. The Executive Director had been invited to meet with Chair Rodriguez and Mr. D'Almeida to view the property. Thereafter, negotiations took place, with the engagement of the Board. Mr. Hay inquired whether there was any violation of the procurement policy regarding the Holiday House. Attorney Cherof indicated he was not aware of any violation. He pointed out that the CRA had no agreement or relationship of record with any broker with respect to the transaction. In fact, the first few versions of the lease made no reference to a broker because no broker had been disclosed. The lease did contain a provision for safeguarding the interest of the CRA such that any commission or broker's fee due on the transaction was the responsibility of the landlord and not that of the CRA as the tenant. Thus, even following the execution of the lease, the CRA had no obligation with respect to the action, if any, of a broker in the transaction. To date, Attorney Cherof was not aware whether a broker was or was not involved in the transaction on the landlord's behalf. Mr. Hay inquired as to the Board's responsibility if the procurement policy had been violated. Attorney Cherof responded he would have to ascertain whether the procurement policy had been violated. Although Attorney Cherof did not have the policy in front of him, he was not aware of any provision that would be violated by leasing property, and the proposed acquisition was not covered by the policy. The Board had approved the original Notice of Intent or proposal on the property and then the negotiations took place to finalize the terms and conditions of the lease, which the Board did approve and occurred publicly. Attorney Cherof noted the procurement policy had been modified in January 2009. Attorney Cherof pointed out the Board members had the individual authority to investigate situations and discuss their findings with the Board, but had no authority to bind the CRA specifically to any type of contract. In the case of the Holiday House, to Attorney Cherofs knowledge, there had been no binding agreement prior to the Board's decision. XIII. New Business 12 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida October 12, 2010 A. Consideration of Second Amendment to direct Incentive Agreement between the CRA and Boynton Village, LLC (the Preserve) Ms. Brooks had received a document from Michael Weiner's office on behalf of the Cornerstone Group, the developer of the Preserve. The CRA had entered into a Direct Incentive Funding Agreement (DIFA) or Tax Increment Financing (TIF) Agreement with the Cornerstone Group for the Preserve for the creation of 50 affordable home- ownership units. The DIFA had been amended to increase the buyers' eligibility from 120% of median household income for Palm Beach County to 140%. The second amendment to the DIFA would create 100 affordable rental units that would count towards the affordable access requirement of the DIFA. Of the 180 units approved onsite, 150 would be categorized as affordable units, and 83% of the units would be affordable within the development. In addition to the Direct Incentive Funding Agreement (DIFA), the CRA provided 17 buyers of the units with down-payment assistance in the total amount of $850,000. Of those units, five are currently in foreclosure, and this exceeds the South Florida foreclosure rate by approximately 10%. Ms. Brooks was not recommending approval of the requested amendment because of the community and the CRA's homeownership investment to date of $850,000. Attorney Michael Weiner, on behalf of Cornerstone Group, was accompanied by his partner, Jeffrey Lynne, who is responsible for the changes to the Agreement, as well as Lenny Wolfe, Principal of Cornerstone. Attorney Weiner noted it would be possible to build affordable housing in 2010 as the project was shovel-ready. Sixty-six units had been built, many of which had been sold. The Association struggled to maintain its obligations. He explained the Direct Incentive Funding Agreement (DIFA) involved profit sharing and Cornerstone would not realize any savings until a profit was realized by the CRA. (Begin Transcription by C Cherry) The profit would average out to 50/50. In this market they could not build condominiums. They could build an additional 114 apartments units. To secure finanCing, they have to show cash flow projections. When they enter the real estate taxes, without the DIFA agreement, it tipped those projections to a point where a bank would not want to make a conventional loan. The DIFA was not an additional source of funds. Attorney Weiner explained the funds expended by the Community Redevelopment Agency did not directly benefit the developer, they assisted the individuals who purchased the homes. The Agency would be able to assist the homeowners and the City by having additional affordable rental units and bringing them online. They would provide construction jobs for 114 units and generate impact and 13 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida October 12, 2010 building permit fees. It would increase downtown activity by having 300 additional residents that move into the units. Agreeing to the DIFA amendment would stabilize the community by allowing them to build the additional units which would assist the association with maintenance. The apartment complex owner will need to make two-thirds of the contribution for the maintenance. The owner's only problem was obtaining the construction financing. The agency was not writing a check, they were increasing the unit's affordability without having to impact the budget. He asserted by doing so, they would increase the tax base. Ms. Brooks explained with the DIFA, they would receive credit for 100 rental units. They wanted credit for creating the units for rental. They were swapping out the ownership piece with the rentals and have the DIFA agreements apply to the low income affordable housing units. There would be no impact from a TlF standpoint. Ms. Brooks was unsure how the units would show as valued on the Property Appraiser's role. They typically appraised using an income approach which may be different and affect what the Community Redevelopment Agency pays out annually. There was discussion rental units can be valued higher than condominium units. Mr. Orlove was concerned about destabilization; however, Mr. Wolfe believed it would have a stabilizing effect because they would provide the maintenance and support the condominium association that was going to be there. Mr. Wolf explained there are no 1,600 square-foot rental units in Florida in the affordable housing arena. Many of the residents have not been paying maintenance. A question was posed who would be in charge of the condominium association. Mr. Wolfe explained there are individual condominium associations for each building and a master association combining them all. He explained the action would relieve the burden on the homeowner and he anticipated they would be managing it. Mr. Wolfe encouraged the members to view their other communities. Vice Chair Ross explained many residents from the Preserve appeared before the City Commission seeking assistance to stay in their homes. She inquired if they offered any assistance to those residents. Mr. Wolfe explained they closed units in the past month or so. The market appears to have stabilized and he has not heard of any other unfortunate circumstances. Attorney Cherof inquired if the proposal to transition the development was disclosed to the property owners because in the past, a proposal from one interested party in a community comes forward, and then people in opposition to it find out about it and 14 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida October 12, 2010 come to the next meeting. Mr. Wolfe indicated he would have to check with his partner. Attorney Weiner explained they were uncertain of the outcome of this meeting. The development would remain the same. As to the units that are sold, the difference between actual ownership and rental was blurred. If someone comes back, they can address it because they will have contributed to the value of their resale and not detracted from it. They were delivering exactly what was promised from the beginning. Vice Chair Ross thought tabling the matter may be appropriate. Chair Rodriguez inquired if they qualified the development as an ownership-based development to the residents that are there now. Mr. Wolfe was almost certain the documents allow them to change the use of the property at any point in time. The five buildings that were condominiums would be part of the Master Condominium Association but they do not govern the individual associations. He was unsure if they were turned over because that occurred when they reached a certain number of sales in each building. Motion Mr. Orlove moved to recommend approval of the second amendment to the DIFA. Mr. Holzman seconded the motion. There were no comments received from the public on the item. The motion passed. B. Presentations of Interested parties on Ocean Avenue Properties Ms. Brooks explained there was a good response to staff's efforts to market the properties. A pre-bid meeting was held earlier in the day and 25 contractors attended the meeting. Six proposals were received. Mr. Orlove requested each presenter give a short synopsis. Since the members read the presentation materials, there was agreement the presenters would make their points as soon as possible and give a brief summary. The Board recessed for a break at 8:08 p.m. The Board reconvened at 8:16 p.m. Oscar Magnuson House i. Artspace Melissa Markowitz and Ralph Papa, were present. Mr. Papa explained this location would be the least intrusive site and an ideal home for Artspace to use according to the 15 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida October 12, 2010 Master Plan. He and Ms. Markowitz would be the nucleus of the project which was to bring successful artists in and involve the community. The downstairs could house sculptures and ceramics. There are four rooms upstairs and they could hold classes, run auctions and exhibit paintings. Mr. Papa operates this way in Delray Beach with the Old School Square and with the Boca Artist Guild. For the long term, it would bring art into the community. It was not just the money to be made building, showing or teaching art, it was that people would come in with monies and be involved In the art and infiltrate the neighborhood. They can work outside, tie the community groups into the art program, whether it was visual, performing arts, or music. The home was small but it was a starting point and could be expanded into other facilities throughout the downtown. It was a thread to tie things together. Lincoln Road in Miami was successful as were several other areas around the country. In response to questions, the following information was given: Artspace planned to be a seven-day a week operation. They hoped to expand from two artists to six and would like to operate from 10:00 a.m. to 6 p.m. weekdays and 11 a.m. - 9 p.m. on weekends. Mr. Papa did not see the project as something that would generate congestion or traffic. The effort would start slowly. The public likes to watch artists working and they could come in to do so. Ms. Markowitz explained this type of operation occurs in Soho, Tribeca and other artist communities throughout the world. She believed the 211 Artspace would plant a seed, grow and revitalize the area. Ms. Brooks noted that currently, they were not paying taxes on the property. Mr. Papa explained they were seeking to have classes for all ages. He works with Dreyfus and the Bach School of the Arts, as he was at the Old School Square. He tries to involve youth and attract adults willing to pay for the classes. They would use rates similar to those used at the Old School Square. The classes could be in filmmaking, sculpture, painting, etc. Mr. Papa was not familiar with the Boynton Beach Art Center, only the Civic Center. Mr. Orlove expressed concern Artspace would detract from either location. Mr. Papa would work in concert with them and not in competition. The locations were two to three blocks from one another and Artspace was trying to establish the location as the nucleus for professional artists, showcasing high quality work. Artspace feels high quality work draws visitors to the area. He commented the Arlington Torpedo Factory was an ideal national example of what they hoped to grow in Boynton Beach. He did not consider other locations within the Community Redevelopment Agency area. Ms. Markowitz expressed they preferred the Magnuson House and felt they could expand on it Mr. Papa was a professional artist for the last 12 years and works hard and was involved in the community. He was not familiar with Artspace.org, which was a non- 16 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida October 12, 2010 profit and Ms. Brooks explained her impression was they were. The national organization typically is housed in historic structures. The teaching rate was the artist would receive 60% of the tuition and 40% would go to the Community Redevelopment Agency. The name would be the 211 Art House; however, the name was not yet registered. When the building is converted from a residential to a commercial use, regardless of whether the building was historic or not, provided the upstairs is not used for storage, there must be access to the public. There would be open studio space. An elevator would be $30,000. If the business failed, the next tenant in the building may want it. ii. Jordan Chussler - Oscar's Restaurant An unidentified individual spoke about the mission and goalS of the restaurant. He sought to create a comfortable neighborhood atmosphere for local customers and add to the restaurant presence on Ocean Avenue. They would place emphasis on affordable and top quality dishes and a create a value to ensure return clientele. Since there are no direct connections from 1-95 to the location, they would stress marketing and advertising in their plan. They would have a family-oriented atmosphere with occasional art and musical entertainment. To support their goals, they would target all demographics and be open for lunch and dinner seven days a week. With the City facilities in the immediate area, lunch hours would be instrumental to the success of the restaurant at that location. The primary income for the principal owners would be maintained to increase the likelihood of its success. Mike Buckner and Bob Abrams were also present, and were equal partners. Mr. Buckner was a restauranteur for 25 years. He has three restaurants in Argentina and thought this was a good opportunity to restore a historic home to its original state. It would have a Key West Cafe covered-veranda feel. Private restaurants are being replaced by establishments run by large corporations and the intimacy is lost. They want to be a major participant on Ocean Avenue. Mr. Buckner was the general manager of a restaurant in Boca and would be the general manager at the Magnuson House. Mr. Buckner explained there are always challenges with parking for any business and they would meet with Planning and Zoning. He has met with some contractors on some issues. They could use a valet service and use the outer ring of the property for parking. As it pertained to size, this restaurant was smaller than the restaurant he runs, but he noted sometimes smaller was better. He believed if they present good quality products, they should garner enough traffic flow. They would like to have an organic menu because there was not a lot of indoor space; 60% of the business would occur outside, which would be adapted according to the weather. Their goal was to have 150 seats which would allow them to obtain a liquor license without paying for a 17 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida October 12, 2010 bar license. He anticipated using the upstairs and patio as well. The price point would be contingent on the price of the products, but they want to have an affordable product. Music could be provided by a solo guitarist, mellow or gentle entertainment. Once the Certificate of Occupancy was obtained they anticipated they would lose money during the first year, and if they did not execute on the highest level during that time, they would not survive. They can have a secondary catering business, but first they must function at the location. Mr. Buckner explained he has a relationship with marketing companies. Good marketing must be done on a professional scale. They wanted the restaurant to be an upper casual restaurant and be an example of what Ocean Avenue would be. The menu would be American/Continental with a cafe-style flair, with lots of fish, salads, and burgers based on the local ingredients they can find centering on what is in season. Ms. Brooks explained as to parking, there is a parking lot just east of the Children's Museum which could be used by the public. There was also parking near the railroad tracks. Additional parking could also be created. The members discussed both the pros and cons of the options for the Magnuson House. Motion Mr. Orlove moved to work with Jordon Chussler and his group to bring the Oscars Restaurant concept to Magnuson House. Vice Chair Ross seconded the motion. Chair Rodriguez opened the item to public comment. Harvey Oyer, 512 N. Seacrest Boulevard, owned property in the 400 and 500 Block of Ocean Avenue. He commented the two concepts were interesting. He hoped the matter could be addressed from the restoration of the Old High School. He thought there were funds to do it. It would take a commitment by the City to turn it over to a non-profit organization with a reverter clause if it failed. He contacted the Palm Beach County Cultural Council and a non-profit would have to be in business for two years which the Boynton Historical Society would qualify for. If the High School were restored it would provide many of the opportunities the Board was discussing. The most expedient way would be for the Historical Society to retain an architect and a contractor, and use the Magnuson House as a temporary location for the refurbishment of the High School. There are civic organizations that obtained funds that could meet there and bring activities back to the center of town. Mr. Oyer spoke about the Old School Square. Delray had to pay for the land and made use of it, but Boynton Beach did not. 18 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida OCtober 12, 2010 Chair Rodriguez commented the Board had a proposal for the development of the Old High SChool which may be heard at the next City Commission meeting. The Old High School would be a key anchor in the downtown/Ocean Avenue area. They will work to make that happen. Barbara Ready, SW 13th Avenue, supported the art project for the Magnuson House and further hoped when the restaurant refurbished the structure it is done sensitively to the historic nature of the interior of the home. The kitchen would need serious renovations. She reminded the members Ocean Avenue was the cultural corridor. She was glad the Board was encouraging art along the Avenue and hoped it would be explored further. Lance Chaney, 4312 Pomelo Boulevard, expressed concern about sustainability. He commented one year may not be good business sense. He commented they have not heard much about a five-year business plan or the financial impact to the City regarding the taxes it would pay and jobs that would be created. If the business does not sustain itself, it gives a bad example to other businesses coming into the area to establish restaurants. Buch Buchanan, 807 Ocean Inlet Drive, liked both concepts and expressed a huge art presence on Ocean Avenue is needed. He thought the practical approach would be a restaurant which would have a more immediate draw. Once activity commences on Ocean Avenue, art should be brought in. He commented art was not the draw on Atlantic. The public goes there to eat and for the entertainment. He thought the restaurant was a better decision. It was also noted the Historic Preservation Ad Hoc Committee was bringing forward an Ordinance. Mr. Buckner responded they were willing to work within the confines of it and pointed out 2011 would be the 100th Anniversary of the building. It would be appropriate to restore it to Its original state with a few minor changes. The motion unanimously passed. Ruth Jones Cottage i. Chrissie Benoit - The Little House Ms. Benoit explained she has a restaurant in Lake Worth called Havana Hide Out. The restaurant has a great vibe and was economically positioned. The average guest stays for three hours and established a rapport with the patrons. Ms. Benoit was used to working within odd spaces. They built their kitchen in a truck and ended up on Food 19 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida October 12, 2010 Network. She refurbished the building because she saw an opportunity to create a fun and dynamic restaurant. They have a great clientele that frequents the restaurant. Her restaurant is packed and they have an open microphone twice a week to accommodate the many patrons that want to use it. They use local musicians. She's been involved in restaurants for 24 years and had opened them in different areas of the country. She has worked with very talented people. She made a connection with the community, who was into home brewery. They now have a home brew cook off and she studied the issue and the economics of it. Her proposal for the Ruth Jones cottage was for a brew pub. She loved the historic nature of the cottage and planned to preserve the Dade Pine. Brew pubs are very trendy right now but they are timeless. She explained after she opened her restaurant, other establishments moved in and energized the street. She commented Lake Worth was currently voting on a music and sound ordinance and she sat on the Board to review it. She worked for years with Wolfgang Puck and opened some restaurants for him and herself. She designed a restaurant in Lake Worth and that was how she wound up in Lake Worth. She has won many food awards. She explained once individuals like a beer made by their brew master, they cannot get it anywhere else and it is a real draw. She also wanted to have a shuttle come from Havana to the restaurant in Boynton Beach because there are many beer enthusiasts there. They have 1,000 people who signed up for their emails. She also thought there were some opportunities for food at the cottage because it is a smaller space. She has a concept called the Production Kitchen which she just opened in West Palm Beach. It is an incubator kitchen, but they get to handle more of the food flow which could help facilitate the level of food they have at the cottage. She provided information on beer trends. Micro breweries were becoming well known. Mr. Holzman disclosed he was a big fan of Ms. Benoit's restaurant in Lake Worth. Ms. Benoit's idea for the shuttle came from a movie that was shown at her restaurant. She clarified every Monday was movie night and she thought it would be great to have a bio-shuttle. The cost of a driver to operate it was included in her proposal but she had to research it further. She did not know what the insurance would be or what it would cost to convert a diesel or gas vehicle to hydrogen. Ms. Benoit explained her expenses were based on the traffic flow and growing her business. She was not requesting any funds for the build out. She would spend $60,000 of her own money to do it. The money was what she hoped to recoup before the rent kicked in. Ms. Brooks explained they cannot build a full kitchen with the equipment. They only needed a tenant. 20 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida October 12, 2010 Ms. Benoit confirmed she was looking for rent abatement until she reached the break even point. It was unknown how long that would take. She explained initially, Havana Hideout was losing money. Now she had 60 seats and does $700,000 a year. She started the restaurant on the premises when the economy tanked. Once she recouped her money, she wanted her rent to be equitable. Ms. Benoit commented she would consider other locations within the City if not selected for the Cottage. Only three brewing systems could be used because space could be challenging. She anticipated her break-even point would be a little over a year and would need free rent close to two years when she recovered all her investments. ii. Christine Francois - Francois' Decadent Indulgences Ms. Francois was in China and was not present for the presentation. Ms. Brooks explained she proposed a full bar with desserts. She was asking for free rent for three years, a grant for each employee hired, which was not available at this time. The Community Redevelopment Agency would pay for the exhausthood, grease trap, hedge or fence to screen the traps, a loading dock and walk-in cooler or freezer. The hood and grease trap was about $30,000 plus about $1,500 for a fence. The cooler/freezer was estimated to be about $20,000. She anticipated having about seven employees. There was agreement the members were not comfortable reviewing the presentation without Ms. Francois present. iii. Sandra Gagne - Trading Post Sandra Gagne, 2561 SW 13th Court, Golfview Harbor, has lived in Florida for 28 years and lived in Boynton for 17 years. She owned Dockside Market, and was in the restaurant business all her life with her family. She was interested in the Ruth Jones Cottage and wanted to have a lively business that would attract people. Her proposal was for the 201 Trading Post. The original address for the Cottage was 201 and she planned to preserve as much of the cottage in its original condition as possible. She sought a market/pub gathering spot that people could join. During the day it would be a casual location for dining where patrons would read the specials on the chalkboard at the counter, order, and sit and the food would be served to them. The patron would pay at the counter before leaving. In the evening, the Cottage would transition to a dining-room style with a regular menu. The first window would be a take-out walk-up window for coffee or smoothies. On the other side of the building, the other windows could be expanded to accommodate a full bar and patrons could be seated indoors or outdoors. The Cottage is small having slightly under 800 square feet. There would not be a lot of room if 300-400 square feet is used for kitchen/storage and restrooms. She liked the idea of a communal table and 21 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida October 12, 2010 it seemed to be a trend. There would be a counter with stools. Ninety percent of the seating would be outdoors, and they would need to take a different approach with different revenue sources. She could not do just table service, which was why they could have the walk up aspect. The public could purchase fine wine and cheeses. Ms. Gagne was looking to create a local spot where people can come and hangout and not be just a restaurant. She would have great comfort food, i.e. meatloaf sandwich or chicken fricassee. The menu would change seasonally and focus on local fare. Her forte was for hearty stews/casseroles, something that mom would make. She would feature homemade soups, sandwiches, entrees. Boynton was developed on produce and seafood. She noted there are other restaurants focusing on seafood so she would not pursue that menu. It was a spot one could pick up a meal to go, a bottle of wine, have a cold beverage with friends there and go on their way. She proposed to ask for one year's free rent and she believed she could break even between years two and three. The average range in restaurants is not to have rent to exceed four to seven percent of the gross sales. Mr. Holzman disclosed he was an avid fan of her restaurant before it closed. Ms. Gagne explained she wanted to appeal to all audiences and have a year-round business. Her hours were 10 a.m. to 10 p.m. and on Friday and Saturday nights, be open until 11 p.m. She would not mind having music at some point if suitable. iv. Kim Kelly - Barnacles Kim Kelly, 529 East Ocean Avenue, presented a coastal cuisine concept. She reviewed her menu and expressed she would keep the Cottage as authentic as possible and open the ceiling to show the wood frame. She would add windows to both sides of the cottage to create an airy feeling. She would keep the Dade Pine. The fastest way to develop a downtown is to have theme bars and restaurants, and retail art would follow. Restaurants generate more traffic than any other small business entity. She has created and owned Hurricane Alley since 1996. She established a loyal customer base allowing her to offer them another choice with great food. She plans on having 13 employees and doubling that by 2016. She anticipates 50 to 60 seats with an equal portion inside and out. The amphitheater and ongoing Marina project only enhanced the area. The two restaurants would not be replicated and would have different food and drink. She has a strong work ethic and always strives to find solutions. She educates herself and keeps current in the industry. She restored a historic building and was aware of the grants and opportunities available. Entertainment is not currently provided at Hurricane Alley. Ms. Kelly would like to institute a weekend brunch and bring in Caribbean food and steel drums from 8:30 a.m. 22 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, florida October 12, 2010 to noon. Hurricane Alley does not currently offer breakfast. Her proposal was to have breakfast only on the weekends. She requested $25,000 for the build-out of the building. She would pay for the kitchen herself. Chair Rodriguez also noted she requested below market rent of $1,000 per month for three years. Mr. Orlove and Vice Chair Ross disclosed they met with Ms. Kelly. Ms. Kelly explained she would have drop downs to cover the outside dining area when it rained. She also had the fireplace which could be used on cold days. She explained she had a leg up because she already had an established customer base which was instant advertising, and they have liquor and it provides for a better variety. Ms. Kelly intended to apply for a liquor license for the location. She expressed for a small space, liquor sales would be necessary. She was considering obtaining the liquor license from the strip club Platinum Gold and paying them monthly so that would provide income. They could finance the liquor license if they had to. Mr. Holzman thought the menu's for the two locations were similar. Ms. Kelly responded they were not. She wanted to bring the price of an alcoholic beverage down. She expressed $3.50 well drinks, $4 premium drinks and $5 top shelf drinks. She planned on offering catering and take-out. The members had a lengthy discussion about the pros and cons of each presentation. There were components from each presentation they liked. Mr. Holzman was leaning towards the 201 Trading Post. Vice Chair Ross expressed Ms. Kelly's presentation was a strong presentation and liked the 201 Trading Post. Mr. Hay was leaning towards the 201 Trading Post. Chair Rodriguez appreciated all the presenters and explained other opportunities may open up. He felt Ms. Kelly made the best presentation. He thought the Board should look at alternatives to give other business owners opportunities in the community. He thought multiple business owners on the Avenue would be appropriate. He was also in favor of the Trading Post. He felt another owner on the Avenue would create excitement, competition and a different viewpoint. The Trading Post would not pay rent for one year. Barnacles would pay $1,000 a month for the first three years and then adjust it upwards. Chair Rodriguez was not concerned about the rent beCause they did not know what the tax implications were. Motion Mr. Holzman moved to enter into negotiations, or accept the proposal by 201 Trading Post for the Ruth Jones Cottage. Mr. Hay seconded the motion. Chair Rodriguez opened the public comments. 23 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida October 12, 2010 Kim Kelly took exception to Chair Rodriguez's comments to having other business owners and expressed it was not fair. America was about doing better. If you don't allow someone who does a better presentation to do better, than she did not believe the Board represents what America stands for. She explained she worked hard in Boynton Beach for 15 years. She never left or had a failed business. The competition was here for a year and a half. Ms Kelly had proven herself and wanted the Board to know how important this opportunity was to her. She fought hard for Boynton and never stopped. She did not think someone should be penalized because they wanted to do better in life. The motion passed 3-2 (Vice Chair Ross and Mr. Orlove dissenting.) C. Discussion regarding process for replacement of Executive Director This item was tabled. XIV. INTERIM Executive Director's Report A. Agency priorities for FY 2010/2011 Ms. Brooks provided priority projects for the Board to consider and was complimented on its layout. She explained the projects would be accomplished by the end of the fiscal year barring any unforeseen circumstances. B. Staffing Report Ms. Brooks explained there are a number of positions within the organizational chart. Some of them were not funded and remained. The rationale for them has changed. The Community Redevelopment Agency Board acted as the Planning and Development Board for all projects within the Community Redevelopment Agency. They applied their adopted plans to the projects. This changed three years ago. Instead they are heard by the City Commission. She recommended the positions be removed from the organizational chart and the assistant director position not be kept or funded. She did not think the position could be justified because of the trend in the revenue. They attempted to fill the finance assistant position. Mr. Holzman appreciated Ms. Brooks acting as Interim Director. He inquired how it was working in terms of salary and benefits. Ms. Brooks responded she was at the same salary. Chair Rodriguez would be holding discussions about alternatives and combining the two positions into one and would discuss it with her. He commented on the elimination of the planning director and economic development director positions and explained those positions were never funded. He also agreed Ms. Brooks was doing very well and they could get by with one leader. Ms. Brooks is handling the economic 24 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida October 12, 2010 development duties with assistance of other staff members. Chair Rodriguez thought 2011 would be a great year. C. CRA WorkshOp dates This item pertained to mapping projects beyond next year and the direction the agency would take. There were a number of policy issues that needed to be discussed, such as organization, administration of the agency, and their Capital Improvement Program. Ms. Brooks noted the Downtown Master Plan was not specific. Chair Rodriguez commented on the City Commission level, they would be having a workshOp because they asked about the Police Station and City Hall. He suggested Ms. Brooks should be part of that meeting. Mr. Orlove thought if they are moving forward with an appointed Board in January, it would be helpful for the City Commission and the new members to meet to engage in their thought process and what should be brought forward. He requested the Interim Director look at the calendar for a date for the workshOp in November or December. Chair Rodriguez requested Ms. Brooks contact the City Manager. The Board requested he schedule a meeting and they could piggyback it off of that for a combined meeting. He explained it may be a day long meeting and he requested Mr. Bressner try to schedule it before the end of the year. Mr. Orlove stated for the record he thought it should be mandatory for the 10 candidates to be at that meeting, if they wanted to be seriously considered for the Board. Mr. Hay suggested they be proactive and come with a plan as to how to seat the Board. Chair Rodriguez did not want to discuss the plan or process at the workshop, but did encourage ideas to be submitted to the City Manager. Vice Chair Ross was also in favor of a plan. It was clarified no motion was needed for elimination of the positions discussed earlier in the meeting. There was consensus. There was also consensus that Ms. Brooks should speak with Mr. Bressner about a time to have a Community Redevelopment Agency workshOp and/or combined City and Community Redevelopment Agency Board meeting that includes the downtown. Mr. Orlove wanted to be clear he thought the 10 candidates should be invited and their attendance be strongly encouraged. Vice Chair Ross agreed. XV. Future Agenda Items: 25 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida October 12, 2010 A. Where do locals go..,: Video Program Update XVI. Adjournment There being no further business to discuss, the meeting properly adjourned at 10:30 p.m. JJti('hLl~ k~A Stephanie D. Kahn Recording Secretary 10/13/10 {fl1:Ltud (!b~ Catherine Cherry 0 Recording Secretary 10/21/10 26 ~~~<tY~Te~,c . East Side-West S',de-Seas',de Renaissance eRA BOARD MEETING OF: November9,2010 x I Consent Agenda I Old Business New Business Public Hearing Other SUBJECT: MontWy Financial Report SUMMARY: Monthly budget report to the CRA Board representing the revenues and expenses for the month ending October 31, 2010. FISCAL IMPACT: None CRA PLAN, PROGRAM OR PROJECT: N/A RECOMMENDA TIONS: Approve October financials. ~~ Susan Harris Finance Director T:\AGENDAS, CONSENT AGENDAS. 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II g~1) r'l 1/ 0 fil 0'1 1/ <J) f< 00 II ... oll fil - II t!l N II ~ 13 III 1/ 01 1/ III 1/ ~ M II " f;l <J) ~ H Ii fil U) ~ ~ ~ fil f< H U) 2 ~ riI Ii Iz1 fil U) U) U) ~ ~~ riI P ~ N ~ M t!l fil ~ E-l ...... l"'\ H !l: a <J) f< ~ U ii g E-lP g a ua fil o-i ~PI Z ~ 0 ~ U) N ~~ r... Iz1 ~ , \D 11<00 ~ I>: ~ N ~~ Iz1 ~ I :I: a fil E-< 0 f;l o-i Of< (:1 0 E-< ~~~~Y~T8~jC iI East Side-West Side-Seaside Renaissance .~_.., ,". ,,:\ ',' "ig';M';,;; ,;r'f"."~~:"'-"". " "._~..".' >~~;:;I},f~,< r.'...... '\ . eRA BOARD MEETING OF: November 9, 2010 x I Consent Agenda I Old Business New Business Public Hearing Other SUBJECT: Procurement Purchase Orders SUMMARY: Attached is the procurement purchase order report for October 2010. FISCAL IMPACT: See attached CRA PLAN, PROGRAM OR PROJECT: None RECOMMENDA TIONS: Approve the procurement purchase order report. ~~~ Susan Harris, Finance Director T:\AGENDAS, CONSENT AGENDAS, MONTHLY REPORTSICompleted Agenda ttem Request Forms by MeetinglFY 2010 _ 2011 Board Meetings\11-9-10 meeting\Purchases Less Than $25,000.doc Boynton Beach eRA Procurement Purchase Order Report Month: October 2010 Vendor I Amount 1 Funding Source I Description Production Services for Holiday Event Dec. 4, 2010 - Staging, Lighting, Generators, Tree Lighting Equipment, Personnel, Trucking, Stagehands Showpro, Inc $ 16,905 Project Fd 02-58500-480 T:\AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS\Completed Agenda Item Request Forms by Meeting\FY 2010 _ 2011 Board Meetings\11-9-10 meeting\Monthly Procurement Report - Oct 2010 eRA BOARD MEETING OF: November 9,2010 x I Consent Agenda I I Old Business I I New Business Legal Other SUBJECT: Approval of the Purchase Agreement and Development Agreement between the CRA and Habitat for Humanity of South Palm Beach County for Four Vacant Lots in the Heart of Boynton. SUMMARY: At their regular meeting held on May 11,2010, the CRA Board approved the issuance of an RFP for four single-family vacant lots owned by the CRA in HOB (see attached map). The criteria of the RFP solicited proposals for the creation of four new 3 bedroom, 2 bath homes built with at least a one-car garage, impact windows, all appliances and window treatments. The RFP proposal deadline was June 16,2010 at 4:00pm. As a result of the issuance of the RFP, the CRA received one proposal which was submitted by Habitat for Humanity of South Palm Beach County. Habitat for Humanity's proposal met or exceeded all of the requirements set forth in the RFP and is proposing to construct four new homes for a price under $100,000 to income eligible home buyers who have successfully completed Habitat for Humanity's home ownership program. At their regular meeting held on July 13,2010, the CRA Board approved the proposal as submitted and agreed to enter into a Purchase and Development Agreement with Habitat for Humanity of South Palm Beach County for Four Vacant Lots in the Heart of Boynton. The terms of the Purchase and Development Agreements specify the transfer of the CRA owned parcels on or before November 30,2010 with construction of four new affordable owner-occupied homes to be completed and conveyed within twenty-four (24) months from the closing date. Additionally, the future home owner will be required to execute a Promissory Note and Second Purchase Money Mortgage for the cost of the land in the amount of $20,000 under the same guidelines, terms and conditions of the CRA's HAP program. FISCAL IMPACT: None, unless the homes sold prior to the expiration of the 30 year first mortgage at which time the CRA would receive $20,000 under the terms of the second mortgage. CRA PLAN, PROGRAM OR PROJECT: CRA Redevelopment Plan, Heart of Boynton Community Redevelopment Plan RECOMMENDATIONS: Approval of the Purchase Agreement and Development Agreement between the CRA and Habitat for Humanity of South Palm Beach County for Four Vacant Lots in the Heart of Boynton. ~~ Vivian Brooks Interim Executive Director T:\AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS\Completed Agenda Item Request Forms by MeetinglFY 2010 _ 2011 Board Meetings\11-9-10 meeting\RFP 4 HOB Lots-Purchase & Development Agrmnts Habitat for Humanity.doc " Location of Lots ') ,. T:\DEVELOPMENT\HOB\RFP 4 SF Lols\4 SF Lot RFP HOB.doc ~ I PURCHASE AND SALE AGREEMENT This Purchase and Sale Agreement (hereinafter the "Agreement") is made and entered into on this day of November, 2010 by and between the BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY, a public agency created pursuant to Chapter 163, Part III, of the Florida Statutes (hereinafter "SELLER") and HABITAT FOR HUMANITY OF SOUTH PALM BEACH COUNTY, INC., a Florida non profit corporation (hereinafter "PURCHASER"), having an address of 181 SE 5th Avenue, Delray Beach, Florida, 33483. In consideration of the mutual covenants and agreements herein set forth, the parties hereto agree as follows: 1. PURCHASE AND SALE OF CRA PROPERTY. SELLER agrees to sell and convey to PURCHASER and PURCHASER agrees to purchase and acquire from SELLER, on the terms and conditions hereinafter set forth, four (4) parcels of real property located in Palm Beach County, Florida (the "Property") and more particularly described in Exhibit A attached hereto. 2. PURCHASE PRICE AND PAYMENT. The Purchase Price shall be Ten Dollars ($10.00), receipt of which is hereby acknowledged. The parties agree that SELLER is conveying the Property to PURCHASER for the construction of four (4) single-family homes to be sold to families who earn below 120% of Median Household Income for Palm Beach County. SELLER has complied with Section 163.380, Florida Statutes, in proceeding with the sale of the Property to PURCHASER. 3. DEPOSIT. Not applicable. 4. EFFECTIVE DATE. The date of this Agreement (the "Effective Date") shall be the date when the last one of the SELLER and PURCHASER has signed the Agreement. 5. CLOSING. The purchase and sale transaction contemplated herein shall close on or before November 30, 2010 (the "Closing"), unless extended by other provisions of this Agreement or by written agreement, signed by both parties, extending the Closing. 6. TITLE TO BE CONVEYED. At Closing, SELLER shall convey to PURCHASER, by Warranty Deed complying with the requirements of the Title Commitment, valid, good, marketable and insurable title in fee simple to the Property, free and clear of any and all liens, encumbrances, conditions, easements, assessments, restrictions and other conditions except only the following exceptions: (a) general real estate taxes and special assessments for the year of Closing and subsequent years not yet due and payable; (b) covenants, conditions, easements, dedications, rights-of-way and matters of record included on the Title Commitment or shown on the Survey (collectively, the "Permitted Exceptions") to which PURCHASER fails to object, or which PURCHASER agrees to accept, pursuant to Section 7.1 and Section 7.2 hereof. 7. INVESTIGA TION OF THE PROPERTY. During the term of this Agreement Boynton Beach eRA Purchase Agreement Page 2 of i I ("Feasibility Period"), PURCHASER, and PURCHASER'S agents. employees, designees. Contractors, surveyors, engineers, architects, attorneys and other consultants (collectively, "Agents"), shall have the right, at PURCHASER'S expense, to make inquiries ot~ and meet with members of Governmental Authorities regarding the Property and to enter upon the Property, at any time and from time to time with reasonable notice to SELLER and so long as said investigations do not result in a business interruption, to perform any and all physical tests. inspections, and investigations of the Property. including but not limited to Phase I and Phase II investigations, which PURCHASER may deem necessary. During this Feasibility Period. PURCHASER may elect, in PURCHASER'S sole and absolute discretion, to terminate this contract. If PURCHASER elects to terminate this Agreement in accordance with this Section. PURCHASER shall: (i) leave the Property in substantially the condition existing on the Effective Date, subject to such disturbance as was reasonably necessary or convenient in the testing and investigation of the Property; (ii) to the extent practicable, shall repair and restore any damage caused to the Property by PURCHASER'S testing and investigation; and (iii) release to SELLER, at no cost, all reports and other work generated as a result of the PURCHASER'S testing and investigation. PURCHASER hereby agrees to indemnify and hold SELLER harmless from and against all claims. losses, expenses, demands and liabilities, including, but not limited to, attorney's fees, for nonpayment for services rendered to PURCHASER (including. without limitation, any construction liens resulting therefrom) or for damage to persons or property (subject to the limitation on practicability provided above) arising out of PURCHASER'S investigation of the Property. PURCHASER'S obligations under this Section shall survive the termination. expiration or Closing of this Agreement, SELLER hereby agrees to indemnify and hold P1JRCHASER harmless tJ'om and against all claims. losses, expenses. demands and liabilities, including. but not limited to, attorney" s fees, for nonpayment for services rendered to SELLER or for damage to persons or property (subject to the limitation on practicability provided above) arising out of PURCHASER' S investigation of the Property. SELLER'S obligations under this Section shall survive the termination, expiration or Closing of this Agreement. However, SELLER'S indemnification obligations shall not exceed the statutory limits provided within Section 768.28, Florida Statutes, and CRA does not otherwise waive its sovereign immunity rights. 7. I Seller's Documents. SELLER shall deliver to PURCHASER the following documents and instruments within five (5) days of the Effective Date of this Agreement: copies of any reports or studies (including environmental, engineering, surveys. soil borings and other physical reports) in SELLER'S possession or control with respect to the physical condition of the Property, if any. 7.2 Title Review. Within ten (10) days of the Effective Date, SELLER shall obtain, at SELLER'S expense, from a Title Company (hereinafter "Title Company"), a Title Commitment covering the Property and proposing to insure PURCHASER in the amount of the Purchase Price subject only to the Permitted Exceptions, together with complete and legible copies of all instruments identified as conditions or exceptions in Schedule B of the Title Commitment. PURCHASER shall examine the Title Commitment and deliver written notice to SELLER no later than ten (10) days from receipt of the Title Commitment, notifying SELLER of any objections PURCHASER has to the condition of title (hereinafter "PURCHASER'S Title Boynton Beach eRA Purchase Agreement Page 3 of 11 Objections"). If PURCHASER fails to deliver PURCHASER'S Title Objections to SELLER within the aforesaid review period, title shall be deemed accepted subject to the conditions set forth in the Title Commitment. If PURCHASER timely delivers the PURCHASER'S Title Objections, then SELLER shall have thirty (30) days to diligently and in good faith undertake all necessary activities to cure and remove the PURCHASER'S Title Objections (hereinafter "Cure Period"). In the event that SELLER is unable to cure and remove, or cause to be cured and removed, the PURCHASER'S Title Objections within the Cure Period to the satisfaction of PURCHASER, then PURCHASER, in PURCHASER'S sole and absolute discretion, shall have the option of (i) extending the Cure Period and the Closing for one additional thirty (30) day period, or (ii) accepting the Title to the Property as of the time of Closing or (iii) canceling and terminating this Agreement, in which case, the Deposit shall be returned to PURCHASER and the Parties shall have no further obligations or liability hereunder, except for those expressly provided herein to survive termination of this Agreement. Prior to the Closing, PURCHASER shall have the right to cause the Title Company to issue an updated Title Commitment ("Title Update") covering the Property. If any Title Update contains any conditions which did not appear in the Title Commitment, and such items render title unmarketable, PURCHASER shall have the right to object to such new or different conditions in writing prior to Closing. All rights and objections of the Parties with respect to objections arising from the Title Update shall be the same as objections to items appearing in the Title Commitment, subject to the provisions of this Section. 7.3 Survey Review. PURCHASER, at PURCHASER'S expense, may obtain a current boundary survey (the "Survey") of the Property, indicating the number of acres comprising the Property to the nearest 1/1 OOth of an acre. If the Survey discloses encroachments on the Property or that improvements located thereon encroach on setback lines, easements, lands of others or violate any restrictions, covenants of this Agreement, or applicable governmental regulations, the same shall constitute a title defect and shall be governed by the provisions of Section 7.2 concerning title objections. 8. CONDITIONS TO CLOSING. PURCHASER shall not be obligated to close on the purchase of the Property unless each of the following conditions (collectively, "Conditions to Closing") are either fulfilled or waived by PURCHASER in writing: 8.1 Representations and Warranties. All of the representations and warranties of SELLER contained in this Agreement shall be true and correct as of Closing. 8.2 Condition of Property. The physical condition of the Property shall be the same on the date of Closing as on the Effective Date, reasonable wear and tear excepted. 8.3 Pending Proceedings. At Closing, there shall be no litigation or administrative agency or other governmental proceeding of any kind whatsoever, pending or threatened, which has not been disclosed, prior to closing, and accepted by PURCHASER. 8.4 Compliance with Laws and Regulations. The Property shall be III Boynton Beach ( R. Purchase Agreement Page 4 of 1 1 compliance with all applicable federaL state and local laws, ordinances, rules, regulations, codes, requirements, licenses, permits and authorizations as of the date of Closing. 9. CLOSING DOCUMENTS. The SELLER shall prepare, or cause to be prepared, the Closing Documents set forth in this Section, except for documents prepared by the Title Company. At Closing, SELLER shall execute and deliver, or cause to be executed and delivered to PURCHASER the following documents and instruments: 9.1 Deed. A Warranty Deed (the "Deed") conveying to PURCHASER valid, good, marketable and insurable fee simple title to the Property free and clear of all liens. encumbrances and other conditions of title other than the Permitted Exceptions. 9.2 Seller's Affidavits. SELLER shall furnish to PURCHASER an owner's affidavit attesting that, to the best of its knowledge, no individual or entity has any claim against the Property under the applicable construction lien law; and that there are no parties in possession of the Property other than SELLER. SELLER shall also furnish to PURCHASER a non-foreign affidavit with respect to the Property. In the event SELLER is unable to deliver its affidavits referenced above, the same shall be deemed an uncured title objection. 9.3 Closing Statement. A closing statement setting forth the Purchase Price. all credits, adjustments and prorations between PURCHASER and SELLER, all costs and expenses to be paid at Closing, and the net proceeds due SELLER, which SELLER shall also execute and deliver at Closing. 9.4 Corrective Documents. Documentation required to clear title to the Property of all liens, encumbrances and exceptions, if any. other than Permitted Exceptions. 9.5 Development Agreement. At the time of closing, PURCHASER shall execute a Development Agreement. in substantial form as attached hereto in Exhibit B, which outlines the responsibilities of the PURCHASER to the SELLER relative to the development of the Property. The Development Agreement may be recorded in the public records of Palm Beach County, Florida. 9.6 Ouit Claim Deed. At the time of closing, PURCHASER shall execute a Quit Claim Deed to SELLER. The Quit Claim Deed is to be held in escrow by SELLER in the event that the PURCHASER fails to meet the terms of the Development Agreement. 1 f PURCHASER fails to meet the terms of the Developer Agreement, SELLER shall have the option of recording the Quit Claim Deed in the public records of Palm Beach County, Florida. Upon successfully meeting the terms of the Development Agreement, SELLER shall return the Quit Claim Deed to PURCHASER and all obligations between the parties shall be deemed to have been met. 10. PRORA nONS, CLOSING COSTS AND CLOSING PROCEDURES. 10.1 Prorations. Taxes for the Property shall be prorated through the day Boynton Beach eRA Purchase Agreement Page 5 of 11 before Closing. Taxes shall be prorated based upon the current year's tax with due allowance made for maximum allowable discount. 10.2 Closing Costs. SELLER shall pay for documentary stamps on the deed, recording the deed and all general closing expenses (settlement fee, courier fees, overnight packages, etc.). 10.3 Closing Procedure. PURCHASER shall fund the Purchase Price subject to the credits, offsets and prorations set forth herein. SELLER and PURCHASER (as applicable) shall execute and deliver to Closing Agent the Closing Documents. The Closing Agent shall, at Closing: (i) disburse the sale proceeds to SELLER; (ii) deliver the Closing Documents and a "marked-up" Title Commitment to PURCHASER, and promptly thereafter, record the Deed and other recordable Closing Documents in the appropriate public records. lOA Existing Mortgages and Other Liens. At Closing, SELLER shall obtain, or cause to be obtained, satisfaction or release of record of all mortgages, liens and judgments applicable to and encumbering the Property. 11. REPRESENTATIONS, COVENANTS AND WARRANTIES. 11.1 Seller's Representations and Warranties. SELLER hereby represents, covenants and warrants to PURCHASER, as of the Effective Date and as of the Closing Date, as follows: 11.2 Authority. The execution and delivery of this Agreement by SELLER and the consummation by SELLER of the transaction contemplated by this Agreement are within SELLER'S capacity and all requisite action has been taken to make this Agreement valid and binding on SELLER in accordance with its terms. The person executing this Agreement on behalf of SELLER has been duly authorized to act on behalf of and to bind SELLER, and this Agreement represents a valid and binding obligation of SELLER. 11.3 Title. SELLER is and will be on the Closing Date, the owner of valid, good, marketable and insurable fee simple title to the Property, free and clear of all liens, encumbrances and restrictions of any kind, except the Permitted Exceptions (and encumbrances of record which will be discharged at Closing). 12. DEFAULT. 12.1 Purchaser's Default. In the event that this transaction fails to close due to a wrongful refusal to close or default on the part of PURCHASER, subject to the provisions of Paragraph 12.3 below, neither PURCHASER nor SELLER shall have any further obligation or liabilities under this Agreement, except for those expressly provided to survive the termination of this Agreement; provided, however, that PURCHASER shall also be responsible for the removal of any liens asserted against the Property by persons claiming by, through or under PURCHASER, but not otherwise. Boynton Beach C IV\ Purchase Agrecmct1l Page 6 of 1 1 12.2 Seller's Default. In the event that SELLER shall fail to fully and timely perform any of its obligations or covenants hereunder or if any of SELLER'S representations are untrue or inaccurate, then, notwithstanding anything to the contrary contained in this Agreement. PURCHASER may, at its option: declare SELLER in default under this Agreement by notice delivered to SELLER, in which event PURCHASER may terminate this Agreement and neither Party shall have any further rights hereunder. 12.3 Notice of Default. Prior to declaring a default and exercising the remedies described herein, the non-defaulting Party shall issue a notice of default to the defaulting Party describing the event or condition of default in sufficient detail to enable a reasonable person to determine the action necessary to cure the default. The defaulting Party shall have fifteen (15) days from delivery of the notice during which to cure the default, provided, however, that as to a failure to close, the cure period shall only be three (3) Business Days from the delivery of notice. Both parties agree that if an extension is requested, such extension shall not be unreasonably withheld. If the default has not been cured within the aforesaid period, the non-defaulting Party may exercise the remedies described above 12.4 Survival. The provisions of this Section 12 shall survive the termination ofthis Agreement. 13. NOTICES. All notices required in this Agreement must be in writing and shall be considered delivered when received by certified maiL return receipt requested. or personal delivery to the following addresses: I f to Seller: Boynton Beach Community Redevelopment Agency Attention: Lisa A. Bright, Executive Director 915 S. Federal Highway Boynton Beach, Florida 33435 With a copy to: James Cherof~ CRA Attorney Goren, Cherof, Doody and Ezrol, P.A. 3099 E. Commercial Blvd. Ste. 200 Ft. Lauderdale, FL 33308 If to Buyer: Mike Campbell 1 81 SE 5th Avenue Delray Beach. FL 33483 14. BINDING OBLIGATION/ASSIGNMENT. The terms and conditions of this Agreement are hereby made binding on, and shall inure to the benefit of, the successors and permitted assigns of the Parties hereto. SELLER may not assign its interest in this Agreement without the prior written consent of PURCHASER, which shall not be unreasonably withheld. PURCHASER may not assign this Agreement to any other party without the prior written approval of SELLER. Boynton Beach eRA Purchase Agreement Page 7 of 11 15. RISK OF LOSS. In the event the condition of the Property, or any part thereof, is materially altered by an act of God or other natural force beyond the control of SELLER, PURCHASER may elect, as its sole option, to terminate this Agreement and the parties shall have no further obligations under this agreement, or PURCHASER may accept the Property without any reduction in the value of the Property. 16. BROKER FEES. The Parties hereby confirm that neither of them has dealt with any broker in connection with the transaction contemplated by this Agreement. Each Party shall indemnify, defend and hold harmless the other Party from and against any and all claims, losses, damages, costs or expenses (including, without limitation, attorney's fees) of any kind or character arising out of or resulting from any agreement, arrangement or understanding alleged to have been made by either Party or on its behalf with any broker or finder in connection with this Agreement. However, SELLER'S indemnification obligations shall not exceed the statutory limits provided within Section 768.28, Florida Statutes, and CRA does not otherwise waive its sovereign immunity rights. The provisions of this Section shall survive Closing or termination of this Agreement. 17. ENVIRONMENTAL CONDITIONS. To the best of SELLER'S knowledge, the Property and the use and operation thereof are in compliance with all applicable county and governmental laws, ordinances, regulations, licenses, permits and authorizations, including, without limitation, applicable zoning and environmental laws and regulations. 18. MISCELLANEOUS. 18.1 General. This Agreement and any amendment hereto may be executed in any number of counterparts, each of which shall be deemed to be an original and all of which shall, together, constitute one and the same instrument. The section and paragraph headings herein contained are for the purposes of identification only and shall not be considered in construing this Agreement. Reference to a Section shall be deemed to be a reference to the entire Section, unless otherwise specified. No modification or amendment of this Agreement shall be of any force or effect unless in writing executed by Parties. This Agreement sets forth the entire agreement between the Parties relating to the Property and all subject matter herein and supersedes all prior and contemporaneous negotiations, understandings and agreements, written or oral, between the Parties. This Agreement shall be interpreted in accordance with the laws of the State of Florida. The Parties hereby agree that jurisdiction of any litigation brought arising out of this Agreement shall be in the Fifteenth Judicial Circuit in and for Palm Beach County, Florida, or, should any cause of action be limited to federal jurisdiction only, in the United States District Court for the Southern District Court of Florida. 18.2 Computation of Time. Any reference herein to time periods which are not measured in Business Days and which are less than six (6) days, shall exclude Saturdays, Sundays and legal holidays in the computation thereof. Any time period provided for in this Agreement which ends on a Saturday, Sunday or legal holiday shall extend to 5:00 p.m. on the next full Business Day. Time is of the essence in the performance of all obligations under this Boynton Beach \. l<..i\ Purchase Agreement Page 8 of 11 Agreement Time periods commencing with the Effective Date shall not include the Effective Date in the calculation thereof 18.3 Waiver. Neither the failure of a party to insist upon a strict performance of any of the terms, provisions, covenants, agreements and conditions hereof, nor the acceptance of any item by a party with knowledge of a breach of this Agreement by the other party in the performance of their respective obligations hereunder, shall be deemed a waiver of any rights or remedies that a party may have or a waiver of any subsequent breach or default in any of such terms, provisions, covenants, agreements or conditions. This paragraph shall survive termination of this Agreement and the Closing. 18.4 Construction of Agreement. The Parties to this Agreement, through counsel, have participated freely in the negotiation and preparation hereof. Neither this Agreement nor any amendment hereto shall be more strictly construed against any of the Parties. As used in this Agreement, or any amendment hereto, the masculine shall include the feminine. the singular shall include the plural, and the plural shall include the singular, as the context may require. Provisions of this Agreement that expressly provide that they survive the Closing shall not merge into the Deed. 18.5 Severability. If any prOVISIOn of this Agreement or the application thereof shall, for any reason and to any extent, be invalid or unenforceable, neither the remainder of this Agreement nor the application of the provision to other persons, entities or circumstances shall be affected thereby, but instead shall be enforced to the maximum extent permitted by la\\ The provisions of this Section shall apply to any amendment of this Agreement. 18.6 Handwritten Provisions. Handwritten provisions inserted in this Agreement and initialed by PURCHASER and SELLER shall control all printed provisions in conflict therewith. 18.7 Waiver of Jury Trial. As an inducement to PURCHASER agreeing to enter into this Agreement, PURCHASER and SELLER hereby waive trial by jury in any action or proceeding brought by either party against the other party pertaining to any matter whatsoever arising out of or in any way connected with this Agreement. 18.8 Attorneys Fees and Costs. Should it be necessary to bring an action to enforce any of the provisions of this Agreement, reasonable attorneys' fees and costs, including those at the appellate level, shall be awarded to the prevailing party. I 8.9 Binding Authority. Each party hereby represents and warrants to the other that each person executing this Agreement on behalf of the PURCHASER and SELLER has full right and lawful authority to execute this Agreement and to bind and obligate the party for whom or on whose behalf he or she is signing with respect to all provisions contained in this Agreement Boynton Beach eRA Purchase Agreement Page 9 of I 1 18.10 Survival. The covenants, warranties, representations, indemnities and undertakings of SELLER set forth in this Agreement, shall survive the Closing, the delivery and recording of the SELLER Property Deed and PURCHASER'S possession of the Property. 18.11 SELLER Attorneys' Fees and Costs. SELLER acknowledges and agrees that SELLER shall be responsible for its own attorneys' fees and all costs, if any, incurred by SELLER in connection with the transaction contemplated by this Agreement. Date. IN WITNESS WHEREOF, the parties have executed this Agreement as of the Effective SELLER: BOYNTON BEACH COMMUNITY REDEVELOMENTAGENCY Witnesses: Print Name: By: Jose Rodriguez, Chairman Witnesses: Print Name: Date: PURCHASER: HABITAT FOR HUMANITY OF SOUTH PALM BEACH COUNTY, INC. Witnesses: Print Name: By: Stephen Echols, President Witnesses: Print Name: Date: Approved as to form and legal sufficiency: James A. Cherof, CRA Attorney Boynton Beach C R\ Purchase Agreement Page ! 0 of i I Exhibit "A" Legal Description Parcell: Lot 1 ]4, Block B of BOYNTON HILLS, according to the Plat thereof, as recorded in Plat Book 4, Page 5] of the Public Records of Palm Beach County, Florida. Parcel Identification Number: 08-43-45-2] -07 -002-1140 Parcel 2: Lot 13, less the North 10 feet thereof, ROBERT WELLS SUBDIVISION, as recorded in Plat Book 1 L Page 66 of the Public Records of Palm Beach County, Florida. Parcel Identification Number: 08-43-45-21-04-000-0 130 Parcel 3: Lot 164 of ARDEN PARK, according to the Plat thereof, recorded in Plat Book 2, Page 96 of the Public Records of Palm Beach County, Florida. Parcel Identification Number: 08-43-45-21-18-000-1640 Parcel 4: Parcel A: East 25 feet of Lot 8, Block 4 of MEEKS AND ANDREWS ADDITION TO THE CITY OF BOYNTON BEACH, FLORIDA, according to the plat thereof. as recorded in Plat Book 5, Page 84 of the Public Records of Palm Beach Count). Florida. Parcel B: The East one half (1/2) of Lot 9, Block 4 of MEEKS AND ANDREWS ADDITION TO THE CITY OF BOYNTON BEACH, FLORIDA, according to the Plat thereof, as recorded in Plat Book 5, Page 84 of the Public Records of Palm Beach County, Florida. Parcel C: West one half (1/2) of Lot 8, Block 4 of MEEKS AND ANDREWS ADDITION TO THE CITY OF BOYNTON BEACH, FLORIDA, according to the plat thereof, as recorded in Plat Book 5, Page 84 of the Public Records of Palm Beach County, Florida. Parcel Identification Number: 08-43-45-21-22-004-0091, 08-43-45-21-22-004-0081. 08- 43-45-2] -22-004-0082 Boynton Beach eRA Purchase Agreement Page 11 of 11 Exhibit "B" Development Agreement H:\20JOIJ00536110-09-30 Purchase Agreement REVISED.doc DEVELOPMENT AGREEMENT This Development Agreement (hereinafter "Agreement") is made and entered on this _ day of ' 2010 by and between BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY. a public agency created pursuant to Chapter 163, Part III, of the Florida Statutes (hereinafter "CRA") and HABIT A T FOR HUMANITY OF SOUTH PALM BEACH COUNTY, INC. (hereinafter "DEVELOPER"), having an address of 181 SE 5th Avenue, Delray Beach, Florida, 33483. WHEREAS, on this date, CRA and DEVELOPER has entered into a Purchase and Sale Agreement (hereinafter the "Purchase Agreement") by virtue of which CRA sells to DEVELOPER four (4) parcels of real property located in the City of Boynton Beach and more particularly described in Exhibit "A" (hereinafter the "Property") for the sole purpose of developing, constructing, marketing and selling single family homes to first-time home buyers. In consideration of the mutual covenants and agreements herein set forth, the Parties hereto agree as follows: 1. Development and Sale of the Property. CRA and DEVELOPER acknowledge that the Property is being sold to DEVELOPER for construction of four (4) single family homes to be sold to families whose income does not exceed 120% of Median Household Income for Palm Beach County as set by HUD. 2. Construction and Sale. DEVELOPER agrees to construct four (4) single family homes pursuant to the construction schedule and requirements provided herein. DEVELOPER must construct all four (4) homes within twenty-four (24) months from the Closing Date set forth in the Purchase Agreement. Each home may not exceed a sale price of One Hundred Twenty Thousand and 00/1 00 Dollars ($120,000.00). Each home must be sold to an income eligible first-time homebuyer, as defined by the City's SHIP guidelines) and must be occupied by the owner. DEVELOPER agrees to provide CRA a zero interest second purchase money mortgage in the amount of Twenty Thousand and 00/1 00 Dollars ($20,000.00) as security for a subsidy loan for each Property, under the terms and conditions set forth in the Promissory Note and Second Mortgage attached hereto in Exhibit "B" in conjunction with the resale of the property to the home buyer at the time of their closing. 3. Construction Requirements. The following amenities are required in each home and must conform to or exceed City of Boynton Beach codes and regulations unless otherwise specified: a. Three (3) bedrooms with one (I) master bedroom. b. Two (2) full bathrooms including one (I) in the master bedroom. Boynton Beach eRA Development Agreement Page 2 of7 c. The master bedroom must be a minimum of 13'x 14' and must contain a walk-in closet. d. Double kitchen sink. e. Interior and exterior light fixture package. f. Ceramic tile in the entry way, kitchen and bathrooms; carpet elsewhere. g. Appliances must be new and include: washer, dryer, self-cleaning range, range hood, garbage disposal, refrigerator with ice maker and water line, and ceiling fans in all bedrooms and living room. h. Wiring for alarm system, cable, internet and phone. I. Window treatments must be mini-blinds or upgrade. J. Automated in-ground sprinkler system, including swale. k. One-car garage. I. Impact-resistant windows (Dade County standards). m. Landscaping must exceed City of Boynton Beach code requirements. n. Overall design of each home must confirm to the design recommendations in the Heart of Boynton ("HOB") Community Redevelopment Plan and the HOB Master Plans and Schematic Designs. 4. CRA Design Approval. CRA shall have the right to approve of the design of each home and such approval shall be provided in writing to DEVELOPER within three (3) business days of receipt of final plans. 5. Development Timeline. The following events must be documented in writing and provided to the CRA upon completion of each. Time is calculated from the Closing Date set forth in the Purchase Agreement. a. Completion of construction documents within SIX (6) months (stamped plans shall be submitted to CRA). b. Permitting and installation of project marketing sign (to include CRA'S logo and CRA board members' names) and shall be pre-approved by CRA within six (6) months. Boynton Beach CR;\ Development Agreemen1 Page 3 or c. Construction permit for the first home to be issued within nme (9) months. Copy of permit to be provided to CRA. d. Commencement of construction within twelve (12) months (photographs of site and/or written description of progress to be provided to eRA). e. Qualification of Buyers within twelve {12) months (copy of private mortgage funding commitment and documentation proving buyers qualify to income limits as set above to be provided to CRA). f. Certificate of Occupancy to be provided within eighteen (18) months. g. Homes must be conveyed to buyers within twenty-four (24) months (copies of closing statement, proof of income qualification and executed deeds shall be provided to CRA). 6. Quit Claim Deed. DEVELOPER hereby agrees to execute a Quit Claim Deed to CRA on the Closing Date set forth in the Purchase Agreement. If the timeline outlined in Section 5 above is not strictly met, and DEVELOPER has not provided CRA with a written notification as to the reason explaining the circumstances, not under the control of DEVELOPER. that have prevented DEVELOPER from meeting the timeline, then CRA shall record the Quit Claim Deed and property shall revert back to the CRA. CRA agrees to work reasonably with DEVELOPER in working within the timeframes set forth above, but DEVELOPER and CRA agree that time is of the essence. Furthermore, if each home is not sold to income-qualified buyers as defined herein, CRA shall record the Quit Claim Deed and the property shall revert back to CRA. If Property reverts to CRA, CRA shall complete the construction of the home and satisfy any outstanding construction loans held by DEVELOPER and shall reimburse DEVELOPER from the sale of the homes if there are sufficient funds at the time of sale. If the Property is developed and sold as outlined in this Agreement, CRA shall return the Quit Claim Deed to DEVELOPER 7. Recording of Agreement. DEVELOPER and CRA agree that this document shall be recorded in the Public Records of Palm Beach County. 8. MISCELLANEOUS. 8.1 General. This Agreement and any amendment hereto may be executed in any number of counterparts, each of which shall be deemed to be an original and all of which shall, together, constitute one and the same instrument. The section and paragraph headings herein contained are for the purposes of identification only and shall not be considered in construing this Agreement. Reference to a Section shall be deemed to be a reference to the entire Section, unless otherwise specified. No modification or amendment of this Agreement shall be of any force or effect unless in writing executed by parties. This Agreement sets forth the entire agreement between the parties relating to the Property and all subject matter herein and supersedes all prior and contemporaneous Boynton Beach eRA Development Agreement Page 4 of7 negotiations, understandings and agreements, written or oral, between the parties. This Agreement shall be interpreted in accordance with the laws of the State of Florida. The Parties hereby agree that jurisdiction of any litigation brought arising out of this Agreement shall be in the Fifteenth Judicial Circuit in and for Palm Beach County, Florida, or, should any cause of action be limited to federal jurisdiction only, in the United States District Court for the Southern District Court of Florida. 18.2 Waiver. Neither the failure of a party to insist upon a strict performance of any of the terms, provisions, covenants, agreements and conditions hereof, nor the acceptance of any item by a party with knowledge of a breach of this Agreement by the other party in the performance of their respective obligations hereunder, shall be deemed a waiver of any rights or remedies that a party may have or a waiver of any subsequent breach or default in any of such terms, provisions, covenants, agreements or conditions. 18.3 Construction of Agreement. The parties to this Agreement, through counsel, have participated freely in the negotiation and preparation hereof. Neither this Agreement nor any amendment hereto shall be more strictly construed against any of the parties. As used in this Agreement, or any amendment hereto, the masculine shall include the feminine, the singular shall include the plural, and the plural shall include the singular, as the context may require. 18.4 Severability. If any provision of this Agreement or the application thereof shall, for any reason and to any extent, be invalid or unenforceable, neither the remainder of this Agreement nor the application of the provision to other persons, entities or circumstances shall be affected thereby, but instead shall be enforced to the maximum extent permitted by law. The provisions of this Section shall apply to any amendment of this Agreement. 18.5 Attornevs Fees and Costs. Should it be necessary to bring an action to enforce any of the provisions of this Agreement, reasonable attorneys' fees and costs, including those at the appellate level, shall be awarded to the prevailing party. 18.6 Binding Authority. Each party hereby represents and warrants to the other that each person executing this Agreement on behalf of the DEVELOPER and eRA has full right and lawful authority to execute this Agreement and to bind and obligate the party for whom or on whose behalf he or she is signing with respect to all provisions contained in this Agreement. Boynton Beach eRA Development Agreement Page 5 0 f ~ IN WITNESS WHEREOF. the parties hereto have set their hands and seals the day and year first written above. BOYNTON BEACH COMMUNITY REDEVELOMENT AGENCY Witnesses: Print Name: By: Jose Rodriguez, Chairman Witnesses: Print Name: Date: HABITAT FOR HUMANITY OF SOUTH PALM BEACH COUNTY. INC Witnesses: Print Name: By: Stephen Echols, President Witnesses: Print Name: Date: Approved as to form and legal sufficiency: James A. Cherof, CRA Attorney Boynton Beach CRA Development Agreement Page 60f7 Exhibit "A" Legal Description Parcell: Lot 114, Block B of BOYNTON HILLS, according to the Plat thereof, as recorded in Plat Book 4, Page 51 of the Public Records of Palm Beach County, Florida. Parcel Identification Number: 08-43-45-21-07-002-1140 Parcel 2: Lot 13, less the North 10 feet thereof, ROBERT WELLS SUBDIVISION, as recorded in Plat Book 11, Page 66 of the Public Records of Palm Beach County, Florida. Parcel Identification Number: 08-43-45-21-04-000-0 I 30 Parcel 3: Lot 164 of ARDEN PARK, according to the Plat thereof, recorded in Plat Book 2, Page 96 of the Public Records of Palm Beach County, Florida. Parcel Identification Number: 08-43-45-2 I -18-000- I 640 Parcel 4: Parcel A: East 25 feet of Lot 8, Block 4 of MEEKS AND ANDREWS ADDITION TO THE CITY OF BOYNTON BEACH, FLORIDA, according to the plat thereof, as recorded in Plat Book 5, Page 84 of the Public Records of Palm Beach County, Florida. Parcel B: The East one half (1/2) of Lot 9, Block 4 of MEEKS AND ANDREWS ADDITION TO THE CITY OF BOYNTON BEACH, FLORIDA, according to the Plat thereof, as recorded in Plat Book 5, Page 84 of the Public Records of Palm Beach County, Florida. Parcel C: West one half (1/2) of Lot 8, Block 4 of MEEKS AND ANDREWS ADDITION TO THE CITY OF BOYNTON BEACH, FLORIDA, according to the plat thereof, as recorded in Plat Book 5, Page 84 of the Public Records of Palm Beach County, Florida. Parcel Identification Number: 08-43-45-2 I -22-004-0091, 08-43-45-2 I -22-004-008 I, 08- 43-45-21-22-004-0082 Boynton Beach eRA Development Agreement Page -, oj" Exhibit "B" Promissory Note and Second Purchase Money Mortgage H\20 10\] 00536\ I 0-1 0-08 Development Agreement doc BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY Homebuyers Assistance Program PROMISSORY NOTE $20,000.00 Boynton Beach, Florida. ,2010 FOR VALUE RECEIVED, (the "Borrower") promises to pay to the order of the Boynton Beach Community Redevelopment Agency, Florida public body corporate and politic created pursuant to Section 163.356 F.S., (the "Lender"), at 915 South Federal Highway, Boynton Beach, Florida 33435 or such other place as the Lender hereof may, from time to time, designated in writing, the principal sum of TWENTY THOUSAND AND 001100 DOLLARS ($20,000.00) together with interest, if any, the aforesaid principal sum as hereafter provided to be paid in lawful money of the United States of America, which shall be legal tender in payment of all debts and dues, public and private, at the time of payment under the following terms and conditions: 1. This is a zero interest deferred payment loan for a fifteen (15) year term, issued under the guidelines of the Homebuyer Assistance Program Agreement in connection with that certain Development Agreement by and between the Boynton Beach Community Redevelopment Agency and the Habitat for Humanity of South Palm Beach County, Inc. dated November _,2010 (hereinafter the "Agreement") 2. On this date, Borrower, a first-time homebuyer, is purchasing a real property located at , Boynton Beach, Florida _ (the "Property"), and the loan proceeds shall be applied to the purchase price of the Property. 3. Borrower shall occupy the Property as his/her principal residence at all times during the term of the Loan. In the event the Property is leased, sub-leased or otherwise devised or assigned to any person or entity during the term of this Loan, then the principal shall become due and payable in full. Borrower shall repay the full value of the Note to Lender. 4. Borrower shall submit proof of residency to the Lender annually by the anniversary date of the closing. 5. In the event of a voluntary sale or foreclosure, Borrower shall provide notice of same to Lender who shall have the right of first refusal to purchase the Property from the Borrower for the fair market value of the Property as determined by a current certified appraisal. Lender shall have forty-five (45) days from the date of receipt of intent to sell with a copy of the proposed contract to determine whether to exercise its right to purchase hereunder by sending written notice to the Borrower (it being understood that Lender's purchase price shall be the lesser of that set forth in said appraisal or proposed contract). Such notice shall reserve thirty (30) additional days for Lender to complete all necessary preparations and close. 6. In the event Borrower elects to refinance the Property, Borrower shall repay the entire principal balance due to Lender. 7. Borrower shall perform, comply with and abide by each and every agreement, stipulation, condition and covenant in this Note, the Mortgage and the Homebuyer Assistance Program Agreement executed by Borrower simultaneously herein. 8. In the event, any sum or money herein referred is not promptly paid within thirty (30) days after the same becomes due, or if each and every agreement, stipulation, condition and covenant of said Agreement, Note and the Mortgage, are not fully performed, complied with and abided by, then the entire sum unpaid thereon, shall forthwith or thereafter, at the option ofthe Lender, become and be due and payable, anything Page 1 of2 in said Note or herein to the contrary notwithstanding. Failure by the Lender to exercise any ofthe rights or options herein provided shall not constitute a waiver of any rights or options under said Note or the mortgage accrued or thereafter accruing It is hereby agreed that in the event default be made in the performance or compliance with any of the covenants and conditions of any security agreement now or hereafter in effect securing payment of this Note; or upon any default in the payment of any sum due by Borrower to Lender under any other promissory note, security instrument or other written obligation of any kind now existing or hereafter created; or upon the insolvency, bankruptcy or dissolution of the Borrower hereof; then, in any and all such events, the entire amount of principal of this Note with all interest then accrued, shall, at the option of the holder of this Note and without notice (the Borrower expressly waives notice of such default), become and be due and collectible, time being of the essence of this Note. If this Note shall not be paid at maturity or according to the tenor thereof and strictly as above provided, it may be placed in the hands of any attorney at law for collection, and in that event, each party liable for the payment thereof, as Borrower, endorser, or otherwise, hereby agrees to pay the holder hereof, in addition to the sums above stated, a reasonable sum as an attorneys fee, which shall include attorneys fees at the trial level and on appeal, together with all reasonable costs incurred. After maturity or default, this Note shall bear interest at the highest rate permitted under then applicable law. As to this Note and any other instruments securing the indebtedness, the Borrower severally waives all applicable exemption rights, whether under the State Constitution, homestead laws or otherwise, and also severally waives valuation and appraisement, presentment, protest and demand, notice of protest, demand and dishonor and nonpayment of this Note, or any payment hereunder, may be extended from time to time without in any way affecting the liability of the Borrower. This Note is prepayable in whole or in part at any time without penalty Nothing herein contained, nor in any instrument or transaction related hereto, shall be construed or so operated as to require the Borrower, or any person liable for the payment of the loan made pursuant to this Note, to pay interest in an amount or at a rate greater than the highest rate permissible under applicable law, Should any interest or other charges paid by the Borrower, or any parties liable for the payment of this Note, result in the computation or earning of interest in excess of the highest rate permissible under applicable law, then any and all such excess shall be and the same is hereby waived by the holder hereof, and all such excess shall be automatically credited against and in reduction of the principal balance, and any portion of said excess which exceeds the principal balance shall be paid by the holder of the Borrower and any parties liable for the payment of the loan made pursuant to this Note, it being the intent of the parties hereto that under no circumstances shall the Borrower. or any parties liable for the payment hereunder, be required to pay interest in excess ofthe highest rate permissible under applicable law. This Note is to be construed according to the applicable laws of the State of Florida and the United States 01 America and venue shall be in Palm Beach County, Florida. BORROWER: \lame: H\201O\J 00536\ 10-1 0-13 Promlssorv Note doc Page 2 of2 This Instrument was Prepared By: Annabella Barboza, Esquire GOREN, CHEROF, DOODY & EZROL, PA 3099 East Commercial Boulevard, Suite 200 Fort Lauderdale, Florida 33308 BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY Homebuyers Assistance Program SECOND PURCHASE MONEY MORTGAGE THIS SECOND PURCHASE MONEY MORTGAGE is made and entered into this _ day of , 2010 by , a man (hereinafter referred to as "Mortgagor") and the Boynton Beach Community Redevelopment Agency, a Florida public body corporate and politic created pursuant to Section 163.356 F.S., whose post office address is 915 South Federal Highway, Boynton Beach, Florida 33444 (hereinafter referred to as "Mortgagee"). WITNESSETH WHEREAS, Mortgagor has simultaneously herewith, executed, and delivered to Mortgagee that certain Promissory Note (the "Note") dated of even date herewith, in the principal amount of TWENTY THOUSAND and 00/100 DOLLARS ($20,000.00) payable in accordance with the terms and provisions as particularly stated therein, which matures on or before the maturity date set forth in the Note, which Note shall include any modifications, extensions, or renewals thereof, and, which Note, by reference is made a part hereof to the extent as though set out in full herein. NOW, THEREFORE, to secure the performance and observance of all covenants and conditions in the Note and in this Mortgage, and in all other instruments securing the Note, and in order to charge the properties, interest, and rights hereinafter described with such payment, performance and observance, and for and in consideration of the sum ofTen and no/100 ($10.00) Dollars paid by Mortgagee to Mortgagor this date, and for other valuable considerations, the receipt and sufficiency of which is acknowledged, Mortgagor does hereby grant, bargain, sell, alien, remise, release, convey, assign, transfer, mortgage, hypothecate, pledge, deliver, set over, warrant, and confirm unto Mortgagee, all the certain land of which the Mortgagor is now seized and in possession situate in Palm Beach County, Florida (hereinafter referred to as "Property"), more particularly described as follows: [LEGAL DESCRIPTION] Property Address: , Boynton Beach, Florida This is a Second Mortgage, subordinate and inferior to that certain First Mortgage in the principal amount of $ in favor of , dated and recorded in Official Records Book ,Page of the Public Records of Palm Beach County, Florida. TO HAVE AND TO HOLD the same, with the tenements, hereditament, and appurtenances thereunto belonging, and the rents, issues and profits thereof, unto the Mortgagee, in fee simple. AND the Mortgagor covenants with the Mortgagee that the Mortgagor is indefeasibly seized of the Property in fee simple; that Mortgagor has good right and lawful authority to convey said Property as aforesaid; that the Mortgagor will make such further assurances to perfect the fee simple title to said Property in the Mortgagee as may reasonably be required; that the Mortgagor hereby fully warrants the title to said Property and will defend the same against the lawful claims of all persons whomsoever; and that said land is free and clear of all encumbrances, except for the First Mortgage above referenced. AND the Mortgagor hereby further covenants and agrees to pay promptly, if due, the principal and interest and other sums of money provided for in said "Iote and this \10rtgage, or either; to pay all and singular the taxes, assessments, levies, liabilities, obligations, and encumbrances of every nature on said property; to permit, commit or suffer no waste, impairment or deterioration of said land or the improvements thereon at any time; to keep the buildings now or hereafter on said land fully insured in a sum of not less than the full insurable value in a company of companies acceptable to the Mortgagee, the policy or policies to be held by, and payable to, said Mortgagee, and in the event any sum of money becomes payable by virtue of such insurance the Mortgagee shall have the right to receive and apply the same to the indebtedness hereby secured, accounting to the Mortgagor for any surplus; to pay all costs, charges, and expenses, including lawyer's fees and title searches, reasonably incurred or paid by the Mortgagee because of the failure of the Mortgagor to promptly and fully comply with the agreements, stipulations, conditions and covenants of said Note and this Mortgage, or either; to perform, comply with and abide by each and eve!) the agreements, stipulations, conditions and covenants set forth in said Note and this Mortgage or either. In the event the Mortgagor fails to pay when due any tax, assessment, insurance premium or other sum of money payable by virtue of said note and this mortgage, or either, the Mortgagee may pay the same, without waiving or affecting the option to foreclose or any other right hereunder, and all such payments shall bear interest from date hereof at the highest lawful rate then allowed by the laws of the State of Florida IF any sum of money herein referred to be not promptly paid after the same becomes due as a result of the sale or transfer of beneficial interest in property by Mortgagor, or if each and every the agreements, stipulations, conditions and covenants of said "Iote and this Mortgage, or either, are not fully perfom1ed, complied with and abided by, then the entire sum mentioned in said Note, and this Mortgage, or the entire balance unpaid thereon, shall forthwith or thereafter, at the option of the Mortgagee, become and be due and payable, anything in said Note or herein to the contrary notwithstanding. Failure by the Mortgagee to exercise any of the rights or options herein provided shall not constitute a waiver of an) rights or options under said Note or this Mortgage accrued or thereafter accruing. IN WITNESS WHEREOF, the said Mortgagor has hereunto signed and sealed these presents the day and year first above written. Signed, sealed and delivered in the presence of: MORTGAGOR: '\Jame Print Name Print Name STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing instrument was acknowledged before me on this _~ day of , 20 I 0 by , who is personally known to me or has produced a Florida Driver's License as identification. "lOTARY PUBLIC HI20 I 0\ I 00536\ 1 0- 1 (i-13 Second Mortgage doc 20f2 ~<!Y~T8~ eRA ~ East Side~West Side~Seaside Renaissance eRA BOARD MEETING OF: November9,2010 I Consent Agenda I Old Business i I New Business I I Public Hearing I X I Other SUBJECT: CRA Policing Activity Report for the Month of October, 2010 and District Stats for Months of September/October 2010. (Info.Only) SUMMARY: Monthly report, providing activity and data on Crime in the CRA District: September 2010: Crimes - 58 Arrests - 11 Calls for Service - 1399 October 2010: Crimes -70 Arrests - 15 Calls for Service - 1451 FISCAL IMPACT: Cost budgeted in FY 2010-2011 from Project Fund 02-58500-460 CRA PLAN, PROGRAM OR PROJECT: CRA Policing Innovations RECOMMENDA TIONS: Info. Only Boynton Beach Police Department Year-To-Date Crime Comparison Report 2009/2010 CRA District OCTOBER 2010 CRIMES Oct-10 Oct-09 + / - Sep-10 + / - V-T-O V-T-O + I - 2010 2009 Criminal Homicide 0 1 -1 0 0 0 2 -2 Sexual Offense 0 0 0 1 -1 1 4 -3 Robbery 3 1 2 3 0 37 43 -6 Aggravated Assault 5 1 4 5 0 59 59 0 Burglary 16 10 6 21 -5 146 143 3 Larceny 43 33 10 26 17 333 343 -10 Auto theft 3 3 0 2 1 19 33 -14 TOTAL 70 49 21 58 12 595 627 -32 CLEARED BY ARREST Oct-10 Oct-09 +/ Sep-10 +/ V-T-O V-T-O +/ - - 2010 2009 - Criminal Homicide 0 2 -2 0 0 0 3 -3 Sexual Offense 0 0 0 0 0 0 0 0 Robbery 0 1 -1 , -1 11 11 0 Aggravated As$$llt 2 0 2 3 . 1 22 23 -1 Burg.lary 2 0 2 3 -1 16 21 -5 Larceny 11 3 8 4 7 51 66 -15 Auto theft 0 2 -2 0 0 2 5 -3 TOTAL 15 8 7 11 4 102 129 -27 CALLS '......1 Oct-10 Oct-09 / Sep-10 I V-T-O V-T-O I + - + - + - 2010 2009 TOTAL 1451 1 744 -293 1399 52 14261 16170 .-1909 ., '1/3/2010 MONTH: OCTOBER 2010 eRA Police Team MONTHLY ACTIVITY REPORT 10/04/10 -Assisted Road patJOl with Calls for Service . Arrestetl:aIM at ZOI NW 9'" Ct. fcQf .cCF, Jlosses. ofeocame with intent to sell within lOGO' of a cl!l'>l~eh, ,0550_n of cocaii\e with iatent to sell within 1000' of a park. 1.6 grams of cocaine, 16un 3f,lC ~..~~tod lMt0thel1 al<<pllcy on. a case w/i the Cl\A D_ci 10/11/10 "!; I ..... ~ w.,.~:by a)...ge at l~S( Sl4tb, Ave. Rf~CNe~? ~.5, 4> bt*les ofpRscription nar~otics, : K<OQ.....'Uls, un ..t.nt piIIs~ _21, ami 7. xatttlX piDs . AftIilS~!lIB'fW ilt lf~; $E' 4~ Ave f.n '7. COuMs ef .of a fir~ b,y a ~,*<i felon~ 2 counts of .m~_lti Je~\JI~ lI~$tiiu:, 2 eo1aflt$ of of a lWartIl; aDO pqS"ssiolt of less than 20 arams. tllJ1tM 1lC . . SJi! 41b. Ave it1!2 couets ot .liI1etiQ 0{ a S$~8 n ~1iie altO P@ss$ssi0D of 'm.tWijpatta i;:~'.. ..iast,<i>i$Nt A~.mte . ~~ '-110,. _st61b1l'~.UI~__t$ altcll'~~ as ~.R 1$ issuing tfespasswamihgs :~~ Seeu$y "r fteS.ttl:iusmess DevaoofltleJl.t p~- dte eM J!):~1! i.., vehietes d &8"__01 ~calt& fb1l SttPvice l:i~~'~. ".RGYot'l a case w/i tle€1lA DiSht k-~~d~~jlP(lJ~,Fr0ieet.ilt'fe_1tee to! ~ .*$ta~at ~ I. Inn. ~eeover~G'4~'30MG !~1Pl~lJaRdi~. a,lG_~,fl. . Arrested W 1M for trafficking Oxycodone, possession of a schedule II narcotic without a prescription aGO possessiQ!l ofa schewle, IV nar<(,loti(: wlt)lout a prescriptioB. 3~ Ie . Arrested W 1M for trafficking Oxyeodone, possession of a. schedule II narcotic without a prescription and possession of) a sche<iUie FV DMeotic without a prescripficn. 3Ji' Ie -Extra Patrols along East Ocean Avenue . Made numerous arrests for Open Containers and Trespassing, as well as issuing trespass warnings -Provided Security for the Small Business Development Program 10/04/10 ( 10/11/10 , eRA Police Team MONTHLY ACTIVITY REPORT MONTH: OCTOBER 2010 -Assisted Road Patrol with Calls for Service . Arrested B/M at 201 NW 9th Ct. for CCF, possession of cocaine with intent to sell within 1000' ofa church, possession of cocaine with intent to sell within 1000' of a park. 1.6 grams of cocaine. IGun 3F,IC -Assisted CAT -Assisted another agency on a case w/i the CRA District -Had search warrant signed by a Judge - Conducted a search warrant at 128 SE 4th Ave. Recovered 7 handguns, 43 bottles ofpFescription narcotics, 12 grams of marijuana. X.XX Ro:dcodone pills, XXXX Percocet pills, $2022, and 752 xanax pills . Arrested B/M at 128 SE 4th Ave for 7 counts of possession ofa firearm by a convicted felon, 2 counts of trafficking a schedule II narcotic, 2 counts of gl'aFld t1!J.eft of a firearm, aNd possession of less than 20 grams of marijuana. llF 1M IC . Arrested W/F at 128 SE 4!h Ave. for 2 counts oftraffieking of a schedule II naFeotic and possession of less taan 20 grams of marijuana -ExtFa Patrols along East Ocean Avenue . Made numerous arrests for Open Containers and Trespassing, as weB as issuing trespass warnings -P.l'ovided Security for the Small Business Development Program -P.atrolled the CRA District in vehicles -Assisted Road Patrol with Calls for Service -A'isisted CAT -Assisted another agency on a case w/i the CRA District - Problem Oriented Policing Project in reference to drug dealer staying at the Inlet Inn. Recovered 42 30MG (i}xycodone Pills and Yz a Xanax pill. . Arrested W 1M for trafficking Oxycodone, possession of a schedule II narcotic without a prescription and possession of a schedule IV narcotic without a prescription. 3F IC . Arrested W 1M for trafficking Oxycodone. possession of a schedule II narcotic without a prescription and possession of a scheclule IV narcotic without a prescription. 3F IC -Extra Patrols along East Ocean Avenue . 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'\) '~) ..11. p-c/Ivt,..yC hj~<y fC~Vo"\ l.jl.';;AJ phk;vv /~K/~rL .{)lA0-'~ I j.7k'1 pht~L /yv.,:-( }-t tU'..U-vv{"~ ):.:, klA.' rk-r fvo-t.kj , a.t~c .,A.-b (f~JL ;:rwc;J :4 )pO~ lA,(l.~ MLL( {Vtl~ I ,cl4 f.J/~l<...vL A~ :tc ~4 /~'Y J..\.,L. p-^rvu'~ Page 1 of 1 Utterback, Theresa From: DeGiulio, Joseph Sent: Thursday, October 28,20102:56 PM To: Utterback, Theresa Subject: RE: Trolley incident 10/27/10 Attachments: image001.png There was no report on the incident. The caller/alleged victim refused to cooperate and got off at the Tri-RaiL When responding units attempted to contact and locate him, he hung up on them. The Trolley driver advised that the caller and the other involved party got off at the Tri-Rail, and that he did not see any knife. SGT. JOE DEGIULlO BOYNTON BEACH POLICE DEPARTMENT eRA POLICE TEAM (561) 459-6203 (561) 742-6866 (FAX) del) i u I iQj @gi .1>QyntQn-t:>~ach.fJ .J.I_S . From: Utterback, Theresa Sent: Thursday, October 28, 2010 1:07 PM To: DeGiulio, Joseph Cc: Simon, Michael; Brooks, Vivian Subject: Trolley incident 10/27/10 Importance: High Hi Sgt. DeGiulio: There was an incident yesterday on the Trolley - a high school student pulled a knife on an older man? Can we have a copy of the police report? Do you have any details? I had a mother (of 2 students riding the trolley at the time of the incident) call me to complain. I told her that the police were called but I'd like to let her know what was done. She was concerned that the driver would not stop the trolley to let people get off. Thanks, Theresa Utterback Administrative Services Manager Boynton Beach eRA 915 South Federal Highway Boynton Beach. FL 33435 P: 561-737-3256 ext. 216 F: 561-737-3258 utterbackt@bbfl.us 10/28/2010 r Q. ;;J ,~ '- - 'e' ~ ,.. Q,j .... ~ ..... (/J II) (/J "0 ~ C "0 ;:l ..... "0 (/J II) '" gf..c :::2 ,- II) ;:s a5 () o II) '0 () S ;> ~.Q;;; OO-:Scti ~ Co :::2 -B ..... S g II) ..... () ..c 'v II) ]-Bt5 .~ ~ "0"0:: '" ..... II) C ~ S o o::l s ,8 << 0 r/) ~ ,~ ~u:o ~ .s 2. ~ ~ ~ u ~ '" p... "0 II) C ..c '" r-- ti .5 C :: ~ II) 8 '5. S '13 o II) ..c ..... '" p... (/J << <<::r: "0 ~ ..c (/J 0[) .5 a5 II) S C o 'r;; (/J 'a s s o u b U II)-B -B C ..... 0 '" s g '" 'a ~ 'g. 'E <Ii ~ ..... s::: II) II) ..... -B II) .D ~ -B '~ a5 (/J (/J ..... 0.. .- ;:l g cO[) II) s::: > '2 .~ "a II) S ..c II) (/J ..... r-- rr, N - I - o 1.0 I - 1.0 VI W II) z~ rr, I 1.000 r--~ - I (/J '" .- g :5 ..c r-- a5 II) '" ~ > ..c ..... l- (/J r/) II) ~ -B ~ E--\Od: ~ u II) C o ..c p... o - o N ...... - N ...... o Page 1 of 1 Brooks, Vivian From: BabeinPB@aol.com Sent: Friday, October 22, 2010 11 :47 AM To: Brooks, Vivian Subject: Preserve Hi, it's me again, Sasha from Preserve, I heard that you are now acting director of The CRA? I am happy for you and pleased actually as I always felt that you sincerely cared about what happened to us resident's at Preserve. I have been told that you are not in approval of turning Preserve into low-income rental units and if that is correct I applaud you for standing up. While I do not have all of the particulars, with the information I have at hand I would say that I feel this move is unfair to the homeowner's here who plunked down upwards of 280K to buy in a "luxury gated enclave of homes". Even the non-Chinese drywall units are valued in .the 80's and lower and this, in my opinion is not all related to market conditions. I believe that it is partially related to the fact that this is a known CDW community, the general condition and/or disrepair of the community, as well as the bad rep that Cornerstone has for not responding to warranty issues, etc. I would venture to guess that turning the community into rental units would lower our values even further. And I feel that it is reprehensible (but expected) that Cornerstone did not inform us of those plans. Aside from that I do not know why they even need permission anyway, as it is my knowledge that they are already renting units out. I was given a copy of The DIFA whereby The CRA would be funding in part (at least in how I read it) the turnover from homeowner to rental community. It seems to me that The CRA as well as other government agencies has put way too much money into this failing project already. That is my opinion. I know some of the resident's here attended the city commission meeting the other night. Way more would have been in attendance I assure you had we not found out about it until late in the afternoon on that day. As you may be aware, many of the owner's here have walked away from their property already. I know that more are planning to and if it is approved to turn into rentals more will also I am sure be leaving. I feel that this developer is most unsavory and that if The CRA was to put more money into this project it certainly should not be put in the hands of Cornerstone. If there is money available I think that it should be utilized to buy those out who want out or to repair our toxic homes. This place has ruined us in many, many ways. It is very disheartening. My opinion is that Cornerstone will try to do what I was told they did at Sonoma Bay in Riviera Beach which is to encourage us into foreclosure so that they can buy the units back at an extremely low price and profit from the same unit again as a rental. This whole situation is wrong and I believe that you probably know that it is. Why does our CRA want to assist this developer with funding in lieu of assisting the homeowner? My impression is that there is some kind of arrangement with Cornerstone that someone is profiting from this debacle on the backs of the homeowner's as well as government dollars, Not sure what is going on here but there is something definitely wrong with this picture. Anyway, I know that you probably won't reply or perhaps are uncomfortable replying in the event this becomes a legal issue but I at least wanted to share my opinion (and I know I speak for just about everyone else here as well). Also, how can The CRA hold us accountable for the subsidy funds if you agree to turn it into something that was not in the fancy sales brochure when we bought? Lastly, even if you cannot reply to my thoughts on this matter, kindly inform me when this will be decided and where so that the resident's here have a chance to speak publicly about it. Yours Truly, Sasha Lagano 10/22/2010 -----Or nd~ Messaae-- From: administrati [mailto:adm~nistrat Sent: Thursday, October To: bbcra@bcsdsl.coro Subject: :ontact form submission onbeachcra, onbeachcra.:om First name: Kristen Last name: Gallagher Title: Boynton Beach Resident Company: Address: 1843 NE 5th St City: Boynton Beach State: FL Zip: 33435 Telephone: 561-603-1432 Fax: Emai1 address: krisbabe417@ao1.com Question/request: I would like to know what is going on with The Preserve at Boynton Beach and it turning into a rental community? What is going to happen with current home owners? Are you a resident of Boynton Beach? Yes Do you own a business in Boynton Beach? No Are you an investor or developer interested in redevelopment opportunities in Boynton Beach? Yes Put me on your email list for future news and updates: No Page lof2 Brooks, Vivian From: Walsh, Margee Sent: Tuesday, October 26,20103:26 PM To: 'Lenny Wolfe' Cc: Brooks, Vivian Subject: RE: Question from Boynton resident RE: The Preserve Thanks for responding to Ms. Gallagher, Lenny. Margee Walsh CRA Marketing Director 0(561) 737-3256, ext. 204 C (561) 685-8883 WalshM@bbfl.us www.boyntonbeachcra.com Have you been "where the locals go...!" in downtown Boynton Beach? http://WWW,I:>QyntQnbeachcra.<;om/map -u ;:.f:;:'" II,~NY~Te~\CRA _{,OJ, \~1f"""""""I~I;d~..'.....t'+'''''.v~1,,>' ~ From: Lenny Wolfe [mailto:Lenny.Wolfe@CornerstoneGrp.com] Sent: Tuesday, October 26, 20103:15 PM To: 'krisbabe417@aol.com' Cc: Brooks, Vivian; Walsh, Margee Subject: RE: Question from Boynton resident RE: The Preserve Ms Gallagher: The eRA asked me to respond directly to you. About 120 units at The Preserve will become rental units, but the 66 units that have been built on the south side of the property will remain homeownership. The new rental units will be the same units (size, garage, physical appearance, etc.) as exist now. Also, the rental units will contribute to the HOA expenses in order to maintain properly the clubhouse, landscaping, entry gates and other amenities at The Preserve in order to mitigate the burden on the existing units. Subject to applicable laws, it would be our hope that we can convert the rental units to homeownership units at some point in the future. Thank you. From: Walsh, Margee [mailto:WalshM@bbfl.us] Sent: Friday, October 22, 2010 2:42 PM To: Lenny Wolfe Cc: Brooks, Vivian Subject: Question from Boynton resident RE: The Preserve 11/1/201 0 Paf!e ) I'! Hi Lenny, Staff received this question V1,1 t,'.~ !:RA ,'Ieb .L! Would you kindly respond to Ms. ~aj 561-603-1432, krisbabe417@aol, Appreciate your assistance. Regards, Margee Walsh CRA Marketing Director o (561) 737-3256, ext. 204 C (561) 685-8883 W a1 ~hJ-1@QQf) . us 'v\r'","n"'l. enOl ;:1 . Have you been "where the locals go". i" in downtown Boynton Beach? http://www.boyntonbeachcra. ----Original Message----- From: administration@boyntonbeachcra.com [mailto:administration@boyntonbeachcra.com] Sent: Thursday, October 21, 2010 10:30 PM To: bbcra@bcsdsl,com Subject: contact form submission First name: Kristen Last name: Gallagher Title: Boynton Beach Resident Company: Address: 1843 NE 5th St City: Boynton Beach State: FL Zip: 33435 Telephone: 561-603-1432 Fax: Email address: !<nsbaQ~J.17@aol.c:cm Question/request: I would like to know what is going on with The Preserve at Boynton Beach and it turning into a rental community? What is going to happen with current home owners? Are you a resident of Boynton Beach? Yes Do you own a business in Boynton Beach? No Are you an investor or developer interested in redevelopment opportunities in Boynton Beach? Yes Put me on your email list for future news and updates: No 11/1/2010 Kristen Lynn Gallagher 1843 NE 5th St. Boynton Beach, FL 33435 "'. -'\. November 1,2010 ~ Mr. Jose A. Rodriguez CRA Board Chairman Boynton Beach CRA 915 S. Federal Hwy Boynton Beach, FL 33434 Dear CRA Board Chairman Rodriguez: My name is Kristen Lynn Gallagher and I am a homeowner in The Preserve at Boynton Beach. I bought my townhome as a first time homebuyer with the help of the CRA in December 2008. The grant provided by the Boynton Beach CRA helped me buy my first home while I was going to school to get my Masters degree in Business Administration. The neighborhood attracted me because of the homeownership feel and the many promises of a close nit family neighborhood promised to me by Cornerstone employees. This was my dream to have a place to call home for my 7 year old son Cj and myself. Since two years have gone by, my dream has been devastated by raising HOA costs and now turning my homeowner based neighborhood into an affordable rental community. The HOA problems started about a month after moving in. The first problem is that the HOA management has been changed over 4 times in less than 2 years. My first HOA fees per month when I moved in to The Preserve were about $100. They are now $300 per month. The second problem is turning the homeowner based community into an affordable rental community, I bought into The Preserve with the help of the Boynton Beach CRA for a home I could invest in, be proud of and raise my son Cj safely. Turning it into a rental community will devastate all the homeowners. Renters do not have a vested interest in their property and will not treat it with the same love and respect as owners do. In addition, I am trapped by my CRA grant. I can't move, I can't rent it out. The only option I have is stay put in a community that can only become less desirable as more renters move in. I realize with the housing market Cornerstone Group has been in a bind with this community; however, I am a homeowner who keeps up with my bills and feels that I am being treated unfairly and not even thought of. It feels like the Boynton Beach CRA had a 5-0 vote for the big company and didn't even think about us tax payer or how it would impact us or the surrounding neighborhood. The Boynton Beach CRA had a vested interest in the success of The Preserve and I feel that the CRA just gave in to big business so they wouldn't have to deal with an eye sour anymore, With the CRA allowing The Preserve to make two-thirds of the neighborhood affordable rentals, I feel The Cornerstone group should purchase our homes and return the CRA grant money, I am a responsible person who would like to live in a homeowner's community, not a rental community. I feel it is only fair for the CRA to get their grant money back and for the homeowners in The Preserve to be bought out and be allowed to purchase In a different homeowner neighborhood. I would like to thank you for your help and consideration in regard to this matter. I am hoping things can be handled without the necessity of retaining an attorney: however, I do need to protect myself and my son's best interest. Please feel free to contact me if you have any further questions or concerns, I may be reached at (561) 603-1432. Sincerely, I / l/JLt~-\J/\\ '~'. :\~\ O......~S\i{ \'1 --'1 \ \)0-.-. (. . .~. \. V-- '" '.... . \ Kristen Lynn Gallagher \ \ 1, '. ... ""'.,.,.'\0........ " '.-"f" October 27,2010 ~ CRA Board Chairman Jose A. Rodriguez Boynton Beach CRA 915 S. Federal Hwy Boynton Beach, FL 33434 Dear CRA Board Chairman Rodriguez: My name is Erica Poag and I am currently a homeowner in The Preserve at Boynton Beach Community. It has come to my attention that the developer of the community, Cornerstone Group, LLC, has presented to the Community Redevelopment Agency a plan to turn my community into a rental community. First, I was extremely upset to learn that this matter had already been approved with any kind of notice to the homeowners that are affected. I am now left with no choice but to plead with you, as the CRA Board Chairman; to review this matter, confirm that the proper procedures were followed, and make a determination for the community to remain an owner based community. As a first time home buyer with CRA grant money, I was sold into this community as a homeowner's community. I was told by the developer and the CRA that this community was to be one of the many new communities to help re-establish east Boynton Beach as an up and coming community. A comparison to the Delray Beach redevelopment was made, and that work has turned out wonderfully. I understand that the economy has changed; however, my hopes for this community have not. I was under the impression that the point of this community was to redevelop the area with people who want to plant roots in the area and clean it up:: I feci that turning The Preserve into a rental community would have the complete oppasit'e affect. The developer is not looking out for the city and communities best interest: He is only looking out for his best interest. When this development was started I was the perfect example of what the City of Boynton Beach was looking for to redevelop the area. I am a hard-working young professional who is responsible, pays my bills timely and had hopes that his development would be filled with other hard-working professionals with families. While I realize you can find some hard-working families in rental communities, I have spent the past several years renting and my experience has shown me that this is not the norm. I would rather have empty lots then live in a rental community where people do not care about the property. The developer has already leased several of the units it still currently owns. Some of the rental residents are very unsavory, leaving garbage out, blocking the fire hydrants, speeding through the streets, blasting bass music, blocking owner's driveways, parking in the middle of the street and a multitude of other seliish acts i\.., a home(winer f hope t\l avoid this unsettling event. At the time I purchased my first home. I was thankful lor the generosity of the CRA in giving me a grant of $50,000.00 to buy down the price of my mortgage. If the Cit) decides to approve The Preserve as a rental community. I am stuck in a home in a rental community that I cannot sell or rent due to the terms of my grant. I feel that it is unfair to not be able to rent out my own property in a rental community. If the City moves forward with the plans to turn the community into a rental community I would like to be bought out by Cornerstone Group, LtC or another investment company for the full sale price I paid for my home. I would like the CRA to have their $50,000.00 back to assist another family in need. Currently my home has a market value of $102,500.00 of which I paid $239,900,00, therefore. as a homeowner I am upside down. While I realize the developer. Cornerstone Group. LLC find themselves in a bind due to the economy and unable to sell any further homes in the development. however, any remedy given to them should also be extended to the homeowners as well. If this property is changed to a rental community. there should be an otTer to purchase our homes and return the CRA grant money, I am a responsible person who would like to live in a homeowner's community not a rental community. In closing. I appreciate any help you can give me with regard to this matter. I am hoping things can be handled without the necessity of retaining an attorney, but I do need to protect my interest. Please feel free to contact me if you have any questions, You may reach me at 512-293-9840. Also, please be sure that we are notified of any future meetings, hearings, etc. regarding this matter. Thank you for your time, Sincerely. ',A . ( ~'l-u ( LJ"- r-'x(~_ Erica Poag The Preserve at Boynton Beach 1759 NE 6th Street Boynton Beach. FL 33435 I · NATIONAL LEAGUE of CITIES CENTER FOR RESEARCH & INNOVATION THE ROLE OF LOCAL ELECTED OFFICIALS IN ECONOMIC DEVELOPMENT 10 Things You Should Know I' r ,- Notional League of Cities I Center for Research and Innovation The Role of Local Elected Officials in Economic Development: 10 Things you Should Know was the result of a partnership between the National League of Cities Center for Research and Innovation and the International Economic Development Council (IEDC). IEDC staff were instrumental in facilitating a series of input sessions with economic development officials during their conferences in October 2009 and February 2010. IEDC staff also reviewed the guide and provided constructive feedback. NLC also recognizes the direct input and guidance provided by members of IEDC, members of NLC's CityFu- tures Panel on Community and Regional Development, and other local officials. About the National League of Cities The National League of Cities is the nation's oldest and largest organization devoted to strengthening and promoting cities as centers of opportunity, leadership and governance. NLC is a resource and advo- cate for more than 1,600 member cities and the 49 state municipal leagues, representing 19,000 cities and towns and more than 218 million Americans. Through its Center for Research and Innovation, NLC provides research and analysis on key topics and trends important to cities, creative solutions to improve quality oflife in communities, inspiration and ideas for local officials to use in tackling tough issues, and opportunities for city leaders to connect with peers, share experiences, and learn about innovative approaches in cities. r About the International Economic Development Council The International Economic Development Council (IEDC) is the premier membership organization dedicated to helping economic development professionals create high-quality jobs, develop vibrant communities and improve the quality of life in their regions. Serving more than 4,600 members, IEDC represents the largest network of economic development professionals in the world. IEDC pro- vides a diverse range of services, including conferences, certification, professional development, publi- cations, research, advisory services and legislative tracking. About the Authors Christiana McFarland is the director of the Finance and Economic Development Program in the Cen- ter for Research and Innovation at the National League of Cities. Katie Seeger is senior associate in the Finance and Economic Development Program. Caitlin Geary, finance and economic development fellow, also contributed to the guide. William Woodwell, editorial consultant, and Lara Malakoff, NLC senior program associate for out- reach, provided editorial assistance, and Alexander Clarke, NLC manager of creative design and pro- duction, designed and managed the production of the report. r r Notional League of Cities I Center for Research and Innovotion Table of Contents Introduction 3 1 . Your local economic strengths and weaknesses Cily Example: San Buenaventura, Calif. (Ventura) 5 2. Your community's place in the broader regional economy 7 3. Your community's economic development vision and goals Cily Example: Mission, Kan. 9 4. Your community's strategy to attain its goals Cily Example: Littleton, Colo. 11 ,...... 5. Connections between economic development and other city policies Cily Example: Economic Prosperily Element, San Diego, Calf. 13 6. Your regulatory environment 15 7. Your local economic development stakeholders and partners Cily Example: Garland, Texas 17 8. The needs of your local business community Cily Example: New York, New York 19 9. Your community's economic development message 21 10. Your economic development staff 23 Conclusion 25 r r National League of Cities I Center for Research and Innovation Introduction Economic development is the process of building strong, adaptive economies. Strategies driven by local assets and realities, a diverse industry base and a commitment to equality of opportunity and sustain- able practices have emerged as those that will ensure a strong foundation for long-term stability and growth. Even within the parameters of these principles, what constitutes success in economic develop- ment and the specific strategies to accomplish it will look different from place to place. Despite these differences, leadership is consistently identified as a critical factor in effective economic development. Dedicated leadership is needed to raise awareness, help develop and communicate a common vision, and motivate stakeholders into action. Although leadership can come from many places within the community, local elected officials are particularly well-positioned to take on this role. The political influence of elected leadership is critical to helping communities stay the course toward a vibrant economic future. From the bully pulpit to the design and coordination of public policies, mayors and councilmembers have opportunities every day to effect change and promote a strategic vision of eco- nomic growth for their community. r.... The goal of this guide is not to provide a one-size-fits-all solution to economic development or even to offer an Economic Development 101. Nor does this guide contend that elected officials should be economic development experts. The goal is instead to identify fundamental ways elected officials can become informed and strategic decision-makers who can connect the policy "dots," be effective com- municators and take a leadership role in economic development. The guide is based on the premise that elected officials can and should actively participate in and lead long-term development strategies that make sense for their community. 1" The format of the guide is a "top 10 list" of things elected officials should know about economic devel- opment in order to be effective leaders. These include: 1. Your local economic strengths and weaknesses. A stronger understanding of your community's economic profile will help you create a realistic vision and strategies for economic development. 2. Your community's place in the broader regional economy. With a firmer grasp of how your community fits into the broader region, you're better prepared to work with other jurisdictions to share responsibility for regional economic success. 3. Your community's economic development vision and goals. Local elected offi- cials can playa key role in building consensus for a vision and goals that provide clear direction for local economic development. 4. Your community's strategy to attain its goals. A strategic approach means linking economic development goals to specific activities, allocating a budget and staff to these activities and evaluating performance based on measurable outcomes. 5. Connections between economic development and other city policies. When crafting economic development policies, it is essential to consider how other city policies (e.g., transportation or housing) affect your economic development goals. 3 ------ ---- r r r The Role of local Elected Officiols in Economic Development I 10 Things You Should Know 6. Your regulatory environment. Your community's regulatory process should allow for timely, reliable and transparent resolution of issues facing businesses, while still remaining true to your long-term economic development vision. 7. Your local economic development stakeholders and partners. Local officials should think strategically on a project-by-project basis about who needs to be involved, the resources they bring to the table, and what it will take to get them engaged. 8. The needs of your local business community. Local officials can help create an environment that supports the growth and expansion of local businesses, primarily by opening lines of communication. 9. Your community's economic development message. You will want a clear, accurate and compelling message that reflects your local vision and that helps ensure broad support for economic development projects undertaken by the city and its partners. 10. Your economic development staff. Local elected officials will be more effective in leading economic development activities to the extent that they forge strong relationships with staff members who work on these issues on a daily basis. 4 r.... National League of Cities I Center for Research and Innovation 1. Your Local Economic Strengths and Weaknesses Your community's strengths and weaknesses, such as quality-of-life amenities, infrastructure and work- force skills, determine the potential of your local economy to support economic growth. This economic profile lays the foundation for creating a realistic vision and strategic direction for economic success that is unique to your community. Information about your local economy can also help engage and educate constituents and build community support for economic development decisions. ASSESSING YOUR LOCAL ECONOMY ,....... IMPORTANT FACTORS KEY INDICATORS Economic conditions Unemployment, types ond sizes of firmsjindustries, woges, income, new business storts, retoil soles, housing prices, types of imparts ond exports, number of businesses closed Population characteristics Population size and growth, age, education level Labor force characteristics labor farce participation, occupations, skills, commuter characteristics, productivity Physical conditions land use, zoning, land values, condition of buildings, vacancy rates, building activity, parking facilities, condition and capacity of infrastructure, air and water quality Community attitudes, labor relations, business taxes and regulations, level and quality of Business climate municipal services, workforce training, access to and cost of capital, public and private infrastructure Knowledge-based resources Federal labs, science and research parks, industry incubators, colleges and universities, technical training schools Quality of life Housing availability, public services, education system, crime rate, cultural and recreational activities, parks and other natural amenities Source: Economic Development Strategic Planning. Internotionol Economic Development (ouncil, Washington, D.c., 2006, pp. 44'48. With the assistance of your economic development staff and input from stakeholders, you can iden- tify factors within and outside of the control of local government that impact and shape your local economy. Identifying strengths and opportunities is crucial, but local officials also should pay attention to weaknesses and potential threats. ~... For example, what industries in your community and region are growing or struggling? What are the skills of your workforce, and are they sufficient to meet the needs of business? What barriers and sup- 5 ,.... r r.... The Role of local Elected Officials in Economic Development I 10 Things You Should Know port services exist for local entrepreneurs and small businesses? Is the local and regional housing stock diverse enough to provide for a wide range of housing needs? All of these factors should be understood in comparison to other communities and in the context of broader economic trends. As a result of this process, you will have a stronger sense of your unique local assets, as well as what you can and should be doing to build on strengths and mitigate weaknesses. Taking Action, Asking Questions . What unique strengths can your community build on for economic development and growth? . What weaknesses pose a barrier to economic development? To what extent can you mitigate these weaknesses - and how? . How do your community's strengths and weaknesses compare to those in other communities? . How are economic conditions changing in your city and region? r I San Buenaventura, Calif. (Ventura) (population 109,000) After many decades of slow economic growth, the traditionolly blue-collar City of San Buenaventura began to reolize that its anti-business reputation had actually been undermining its economic prosperity, The city had very few middle class jobs and a limited industrial base and service sector. Moreover, many high-tech firms were heavily concentrated in much of the city's surrounding area and seemed to bypass Ventura when making location decisions. Through an onalysis of the community's strengths ond weaknesses, city leaders in Ventura determined that the city's location between two high-tech hubs, its pool of entrepreneurs and venture capitalists and significant quality of life amenities placed them in a unique position to expand high growth technology sectors. The city developed and pursued a strategic plan for economic development, including new activities to increase the local tax base, diversify the economy and create high value, high wage jobs. The city created a self-sustaining fund to support the new pion, specifically growth of businesses from within the community, by using a $5 million loon payoff from the Redevelopment Agency, The Jobs Investment Fund (JIF) provides "mezzanine capital" to expansion projects or venture copital to new projects os either loans or direct investments. JIF, managed by a privote invest- ment partner, allows for a higher return potential to the city than is traditionally available with a standard investment portfolio, Constituents have expressed concern that the city has too great a risk exposure in these investments. "There ore requests that we redirect the money from the fund back to general government operations each time we face additional budget cuts, but due to political will and improved communications with our constituents, so far we have been able to maintain funding," said Councilmember Neal Andrews. City leaders have made a special effort to bring community opinion leaders into a position where they understand what JIF is about and why it's important. JIF has allowed the city to engage in a number of business development activities, including capital raising conferences, entrepreneurship events and a business incubator. As of January 2010,10 firms have located in the incubator, and in 2008, Forbes magazine ranked Ventura number 68 on the "Small Business list of 100 best places to live and launch a business." Contact: City of Ventura Department of Economic Development Phone: (805) 677-3935 6 r..... National League of Cities I Center for Research and Innovation 2. Your Community's place In The Broader Regional Economy Understanding your local economy also means knowing how your community fits into the broader region. Although increased competition for jobs, tax base and private investment can put political pressure on elected officials to go toe-to-toe with neighboring jurisdictions, the reality is that local eco- nomic success depends on regional economic success. This is particularly true in the context of the global economy, where economic competition may not be with your neighbor, but with a city in China, India or Ireland. Firms engaged in global economic activity rely on a breadth of resources available in a region, including workers, transportation, housing, and amenities. In nearly all cases, one community does not have full capacity needed to support these activities. Cities that focus on competition within the region, instead of collaborating for economic development, are placing their economic future at risk. With a firmer grasp of your community's place in the region, you're better prepared to work with other jurisdictions to share responsibility for promoting regional economic success. Cities in the Denver region, for example, work together to draw businesses and other economic activity to the region while agreeing not to compete or offer incentives to firms to locate in their specific communities. Similarly, many cities work together on regional marketing efforts, typically via participation in a regional coun- cil. These collaborative efforts attract firms, investment, and employment that benefit the entire region. r- Participating in regional activities may present some political difficulties if the local economic benefits are not well understood by your constituents. Local elected officials should be prepared with the facts about how regional economic success translates into improved employment opportunities, tax base, or amenities for your city and the people who live there. Local officials can work with their staff to craft a clear, accurate message about their involvement in regional activities, and communicate this message to community through the media, neighborhood meetings or other public venues. It can serve as a start- ing point for a community dialogue about the importance of regional collaboration to local success. "Too mony local governments sHII oct os if they have the luxury of merely compeHng with eoch other for tax base, especiolly within their region. But economi- cally this is a sideshow or a delusion. The real eco- nomic compeHHon is global and compeHng effectively requires regional colloboraHon." William Barnes, The Economic Development 60me Has Changed, Nation's Cities Weekly, 1/11/2010 ,. Taking Action, Asking Questions . How do you define your economic region? . How does the economic strength of your city depend on what happens in other cities and towns in the region? How does regional eco- nomic activity provide direct or indirect ben- efits to your community? . What assets does your community contribute to the regional economy (e.g., workers, hous- ing, amenities, transportation)? . What regional organizations, partnerships and/or activities already exist? To what extent is your community involved? 7 r National League of Cities I Center for Research and Innovation 3. Your Community's Economic Development Vision and Goals A primary challenge in the practice of economic development is choosing among many competing pri- orities and various activities. A clear economic vision and goals are needed to provide a framework for strategically assessing and coordinating these efforts. The vision stems from the community's values, its collective sense of local economic strengths and weaknesses, and consensus on a desired future. Goals are more tangible expressions of the vision and provide specific direction for actions. For example, the City of Albuquerque, New Mexico's economic development initiative "thrive!ABQ' identifies the city's economic vision as a city with a vibrant business climate that's accessible, user-friendly and welcoming to all. The three primary goals of"thrive!ABQ" are: . Albuquerque First: Retain existing businesses and industries by fostering partnerships with local businesses and increasing spending in the community. . Albuquerque Easy: Remove barriers to conducting business within the city. . Albuquerque Recruits: Make the city an attractive place for businesses to locate. r- According to the American Planning Association's Economic Development Toolbox (2006), a sound eco- nomic vision and goals should: 1. Balance what the jurisdiction would like to achieve with what resources and public sup- port the jurisdiction can realistically expect to muster in support of that vision. 2. Be consistent with the role of the jurisdiction's economy in the larger regional and state economies. 3. Be understandable to citizens without technical training or experience in economic development. 4. Be produced in a way that makes it possible to incorporate it in the jurisdiction's comprehensive plan. If your city already has an economic development vision, make sure your policy decisions reflect the principles in the vision. In cities that do not have an economic vision, local elected officials can help initiate I a community visioning effort. A well-designed vision- ing process will surface an array of ideas, opinions and objectives from a diverse group of stakeholders. An Terry Moore, Stuort Meck, and James Ebenhoh. An important role for elected officials is to help bring peo- · Economic Development Toolbox. American Planning pIe to consensus and agreement on a common purpose. I Association, Washington, D.C. October 2006, p. 34 '1here are many possible economic futures for any given jurisdiction, there are some impossible ones os well, The challenge is to decide on 0 future that is not only desirable, but also possible given the factors that constrain it." rOo 9 r r ,.... The Role of Local Elected Officio Is in Economic Development I 10 Things You Should Know Taking Action, Asking Questions . Does your community have a clearly stated vision and goals for economic development? If so, what are they? · Does the vision reflect the community's values as well as its strengths and weaknesses? . Do your constituents and key stakeholders understand and agree upon the community's vision and goals? . To what extent do local government policies support the vision and goals? Mission, Kan. (population 9,727) Mission, a community less than three square miles in area, was at a crossroads when many large parcels of land became available for redevelopment. In response, the city began a planning process that involved all facets of the community, including residents, businesses and shoppers, to create a vision that would serve as the fromework for future development. The vision, which ultimately called for more compact, walkable, and sustainable development, was challenged when Mission was offered a lucrotive deal by a big-box developer. With a strong commitment to the vision, Mission denied the big-box store and has accepted an offer for a new mall from a developer who has embraced the city's vision for a vibrant, pedestrian-friendly, mixed-use destination, Although the developer typically works on retail projects only, his collaboration with the city and understanding of the community vision has led him to include residential, hotel, office and entertainment as potential project components, The city's resolve to stick with its vision also resulted in overwhelming community support for the project, Instead of Not in My Back Yard opposition, city officials received acclamation from those attending its Planning and Zoning hearings. Among the most common questions the city received from residents: .When will the project be complete?" Contact: City of Mission Department of Community Development Phone: (913) 676.8350 [-mail: MRivarola@missionks,org 10 National league of Cities I Center for Research and Innovation 1. Your Local Economic Strengths and Weaknesses Your community's strengths and weaknesses, such as quality-of-life amenities, infrastructure and work- force skills, determine the potential of your local economy to support economic growth. This economic profile lays the foundation for creating a realistic vision and strategic direction for economic success that is unique to your community. Information about your local economy can also help engage and educate constituents and build community support for economic development decisions. ASSESSING YOUR LOCAL ECONOMY IMPORTANT FACTOR S K EY I N D1CATOR S F( Economibconclifions ~rl~mploymentitype~orta($iZeS offfrms/llrdlJ$trreSi wages, intomei ~eW'h1lsinessstllrts, refililsalesjlfousing'priceS',.lypes of importsc,ond exports, num~erofhllsirressesdosed PopwlatiOfr c:hcrrdd~rrstics PopulOtibn size andFgrowth, age, educaffdttlevel Laborfbrce,.dhdracferistics labor force'pinfftipationi.occupaffons, skil~i commuterchoratferistits, productiVity '. Pkysitdleotldlfi'ons landus8izCll1ihg~ lond,\taluesicondi~On(~fbuildings,vocontYlrot8Sl' OOildirfg'actlvily, pa!kingfllclITtresicondlftonand".capac1fVofiinffllstluctt:Jre, oir ortdiwllferquolity Business c1ifuate COmmlinityo~ftJd&Silobopreloff~nsibusinesstoxesand. regulafi6ns; level and quality of munitipahserv1ces, workforce training,. access to andcostof'capifilh'public. and private t!1frastluct\Jre KnoWl~dae\ibdSed"resotrt'c:es Federdlmlbs'i,stien.ce.artd:resellr&porks, lndUswtinculfutolSj' colleges'ondumvelSitles, fechnitlllitfOiNing ;schools QualityoHlfe Hbusing.avoilability,publicservices,educlllion system, crime .rete; culttJraliortdirecreafional octiviffesiparKsondoffiernotumhomeniffes S6111ce:Ftollilmf DWelilprllSllfSltiiregrc'l'fiillllllrgJlilteritl\flllnoliEc6l1ilfnit IJevelopmentCountil;WasliingtOn; D:C.,20M; pp. 44'48. With the assistance of your economic development staff and input from stakeholders, you can iden- tify factors within and outside of the control of local government that impact and shape your local economy. Identifying strengths and opportunities is crucial, but local officials also should pay attention to weaknesses and potential threats. For example, what industries in your community and region are growing or struggling? What are the skills of your workforce, and are they sufficient to meet the needs of business? What barriers and sup- 5 The Role of Locol Elected Officials in Economic Development I 10 Things You Should Know port services exist for local entrepreneurs and small businesses? Is the local and regional housing stock diverse enough to provide for a wide range of housing needs? All of these factors should be understood in comparison to other communities and in the context of broader economic trends. AI:, a result of this process, you will have a stronger sense of your unique local assets, as well as what you can and should be doing to build on strengths and mitigate weaknesses, Taking Action, Asking Questions . What unique strengths can your community build on for economic development and growth? . What weaknesses pose a barrier to economic development? To what extent can you mitigate these weaknesses - and how? . How do your community's strengths and weaknesses compare to those in other communities? . How are economic conditions changing in your city and region? San Buenaventura, Calif. (Ventura) (population 109,000) After many decades of slow economic growtl1, the tradiflonally blue-colliJl City of San Buenaventura began to realiZe that its an$business reilUtaflon' had actUally: been undermining its econllmlcprosperity; The city had veryfew'mld~leclass iobs and (f hmlfed irrdustrial'base' ondservice sector. M'Oreover; many h1glftech, firms. were heavily: corrcenlfate'd'in much of the city's surrounding area and seemedtoibypass Ventula when making.locatton decisions. Through an analysis of the community's strengths and weaknesses; city leaders in Ventura determined that the'city.'s locaflon between two high-tech hubs, its pool ofenfrepreneurs and venture capitalists and signiflcantquality.oHWeamenifles'plbced thetn in a unique position to expand high growth technology sectors; The city developed and pursued a s!rllfegic plan for economic development, including new activifles to increase the,local tax base, diversify the economy' and create Hignvalue, nigh wage jobs. The city creoted 0 self-sustaining fund to support the new plan, specificolly growtl1 of businesses from within the community, by using 0 $5 million loan payoff from the Redevelopment Agency. The Jobs Investment Fund (JIF) provides Nmezzanine copitalN to expansion projects or venture copitol to new proiects os either loons or direct Investments. JIF, monaged by o'privote.invest. mentportner, allows for o higher return potentlalro the.ci1V thon is'traditionolly'ovoilbblewith a stondbtd'i1\vestment'portfolio. Constituents hove expressed'concern thotthedly' hos too great '0 'risk exposure in these investments. 1herll'afe'requestSthat we redirecfthe money fiotn:thefund back to genero!:govemmenf opertilions:each:flinewe:fdce' tiddifltlnolfbudlJet'cuts;btJf due'tO'ipolitical'wlllond improveiJ.comrtlunicaflons with ourcotistltuents, so ror we: hove:been ab!e:lOntalritaWfundfng',N sliid Coundlmember Neol Andrews. ~jfy leaders hove made 0 speciahffort'to'hring'Communilyopiniorrlellrlers'mtb'aposifioTtwhere they undersmndwhat JIF.is obout and why it's important. JIF has ollowed the city. to. engoge in a number of business. development aCtivities, includingcopitill:mising, conferences, entrepreneurship 'events~ond'a[business incuWatof: /l5! offiJamlilfy,,201'O; 10!firm'Srh' ototed'in'1Ite;in(o&lifo~,andii~200'8, Foroes' magti7ine rtlt1k~dVmtil number 68t on tn8' NS1tf01I~BlIsitt.llsf:ioH O'lwemriil~WOrfcff;a 'buslrlfss; N (OJittltf: Cnvio'f!VenfllTD Dil]Jal'tmenf'rof EconornicDevelapment Pnllnll: (g(}SHn.3935 6 National League of Cities I Center for Research and Innovation 2. Your Community's place In The Broader Regional Economy Understanding your local economy also means knowing how your community fits into the broader region. Although increased competition for jobs, tax base and private investment can put political pressure on elected officials to go toe-to-toe with neighboring jurisdictions, the reality is that local eco- nomic success depends on regional economic success, This is particularly true in the context of the global economy, where economic competition may not be with your neighbor, but with a city in China, India or Ireland. Firms engaged in global economic activity rely on a breadth of resources available in a region, including workers, transportation, housing, and amenities. In nearly all cases, one community does not have full capacity needed to support these activities. Cities that focus on competition within the region, instead of collaborating for economic development, are placing their economic future at risk. With a firmer grasp of your community's place in the region, you're better prepared to work with other jurisdictions to share responsibility for promoting regional economic success. Cities in the Denver region, for example, work together to draw businesses and other economic activity to the region while agreeing not to compete or offer incentives to firms to locate in their specific communities. Similarly, many cities work together on regional marketing efforts, typically via participation in a regional coun- cil. These collaborative efforts attract firms, investment, and employment that benefit the entire region. Participating in regional activities may present some political difficulties if the local economic benefits are not well understood by your constituents. Local elected officials should be prepared with the facts about how regional economic success translates into improved employment opportunities, tax base, or amenities for your city and the people who live there. Local officials can work with their staff to craft a clear, accurate message about their involvement in regional activities, and communicate this message to community through the media, neighborhood meetings or other public venues. It can serve as a start- ing point for a community dialogue about the importance of regional collaboration to local success. /lToo many locoligovernments still oct os if fhey hove the'lol1ury'ofmetely competing with each other for tax1bQ~8t'especial~witllin their'region: But economi- CQIlv:thisiM;si<<e~how1 or.o,delusion. The redl eca- nomit<com~e1ifi01t'iS:1gfObal:andi cllmpefing:effectively reqOifes;nfglonulrcalltJlrortlfilln ./1 Willibm BarneSl' T1Te:f(ontJmia: Dllve/opment'6ame Has G'hollgI1O:"fJrrtfonvS'C'rlie~Wi!ll~~, 1/1'1/2010 Taking Action, Asking Questions . How do you define your economic region? . How does the economic strength of your city depend on what happens in other cities and towns in the region? How does regional eco- nomic activity provide direct or indirect ben- efits to your community? . What assets does your community contribute to the regional economy (e.g., workers, hous- ing, amenities, transportation)? . What regional organizations, partnerships and/or activities already exist? To what extent is your community involved? 7 National league of Cities I Center for Reseorch and Innovation 3. Your Community's Economic Development Vision and Goals A primary challenge in the practice of economic development is choosing among many competing pri- orities and various activities. A clear economic vision and goals are needed to provide a framework for strategically assessing and coordinating these efforts. The vision stems from the community's values, its collective sense of local economic strengths and weaknesses, and consensus on a desired future. Goals are more tangible expressions of the vision and provide specific direction for actions. For example, the City of Albuquerque, New Mexico's economic development initiative "thrivdABQ" identifies the city's economic vision as a city with a vibrant business climate that's accessible, user-friendly and welcoming to all. The three primary goals of "thrive!ABQ" are: . Albuquerque First: Retain existing businesses and industries by fostering partnerships with local businesses and increasing spending in the community. . Albuquerque Easy: Remove barriers to conducting business within the city, . Albuquerque Recruits: Make the city an attractive place for businesses to locate. According to the American Planning Association's Economic Development Toolbox (2006), a sound eco- nomic vision and goals should: 1. Balance what the jurisdiction would like to achieve with what resources and public sup- port the jurisdiction can realistically expect to muster in support of that vision. 2, Be consistent with the role of the jurisdiction's economy in the larger regional and state economies. 3. Be understandable to citizens without technical training or experience in economic development. 4, Be produced in a way that makes it possible to incorporate it in the jurisdiction's comprehensive plan. If your city already has an economic development vision, make sure your policy decisions reflect the principles in the vision. In cities that do not have an economic vision, local elected officials can help initiate a community visioning effort. A well-designed vision- ing process will surface an array of ideas, opinions and objectives from a diverse group of stakeholders. An important role for elected officials is to help bring peo- ple to consensus and agreement on a common purpose. '1here are many possible economic futures for any given jurisditfion, there ore. some impossible ones as well. The;thollenge litO deCide on a fUture tllatisnot onlydesiroblei butalso possible. gillen .thefttCfors that consttain. it. " Terry MOllre, StOortM'eck, on'diJamesiEnetlhllh. An fconlfmic: f1~v816pmentriJoll1oxi'Atrtericon Plonning Associo~on, Washington; DL October,2006;.p. 34 9 The Role of Local Elected Officiols in Economic Development I 10 Things You Should Know Taking Action, Asking Questions . Does your community have a clearly stated vision and goals for economic development? If so, what are they? . Does the vision reflect the community's values as well as its strengths and weaknesses? . Do your constituents and key stakeholders understand and agree upon the community's vision and goals? . To what extent do local government policies support the vision and goals? Mission, Kian. tpopwlation 9,727) MiSsi~n,ocommoni;fI{le~/~(WthreesQtillre milesinoreo; ~asllt 0 crossroads ~h~nmllny;llJrgeporcels; oftlondthecome lIvoiloHlefor'rede'lelopment: In;response; the;;cifl{;begon..o'ploltnin!J' process;thotl~volve~o.ll~f~e1S..6fffl1e;;c~mmunilV;; including residents.; busin~s~esondshoppersl to crea~ ;~.. vision tfilltwoulds.~~lrastheffhmewor~fllrfufOredevelollment. TWlrviSion, which ultimote~ calledformore/compoct;waIRoble: .;ond 'sustllinable. development; waschallenge~'whenMi~sionwas offered a lucrative deal' by a; big.box.developer. WIth a strong' committn:~t!o~e vision; MisSionde;niedthe hl!tboxstore. and has accepted an6fferforo newmallJrom 0 developer who has' eTHr~cellthe cifl{'svision / for 'avibront,.. pedestrian-friendly;; mixed'llsedestination,. ~lthoughthe developer typicaIWworkson'; retamp~oiectsonlVt his, coUoborotion. with tfie cifl{ i1nd; understanding oftfie communifl{ivision has; led. him to induderesidential, hofel; office and enterfainment;aspotentiol project components. The 'city's. resolvetostic~~ith:itsvision;als~ re~ultedNn ollerwhelming;communityrsupporf. faT the project. Instead of Not in My Back Yard. opposition, city;officiiik;teceived dcclamation framtfiosea1fending ItsPliInning andZoning.hearings.. ~mangtfie' most common questions the cilV receiVed fr6m resldenlt "When will tfie project bHomplete?" Contact: City of Mission Department of Community Development Phone: (913) 676'8350 E-mail: MRivarola@missionks.org 10 National League af Cities I Center for Research and Innovation 4. Your Community's Strategy To Attain Its Goals Once the economic development vision and goals are de6ned, it is important that they not be shelved, but that they guide and determine you community's economic development strategy. If the community has been involved in the process and believes in the vision and goals, residents will hold political leader- ship accountable for putting them into practice. Strategic implementation of the economic development vision involves linking economic development goals to speci6c activities, allocating a budget and staff to these activities, and evaluating performance based on speci6c, measurable, agreed-upon outcomes. There are many local activities that can be used to accomplish your city's long-term economic vision, The types of economic development policies and tools pursued by your community will depend on those permitted by your state, as well as how your local government perceives its role in stimulating private sector economic activity. The traditional local government role in economic development is to facilitate economic activity by offsetting the cost of doing business in your community (in terms of time, opportunity and money). Strategies include land assembly, modifying the permitting process and providing job training. More entrepreneurial roles, as well as strategies that more directly address the demand for local products, may include seeding and investing in local small businesses, matching gaps in supplier/buyer linkages and international trade promotion. Local elected officials can work with city staff, businesses and other stakeholders in the community to educate themselves about the types of programs and tools that are available to them and to decide which economic development role is best for their city, You can also look to "best practices" in other communities; however, it is important to remember that economic development activities that work in one place will not necessarily work in another. Following economic development fads or strictly replicating another city's approach without putting it in the con- text of your community is a recipe for failure. Instead, elected officials can learn how and why another city was successful and adapt those practices to local realities. Elected officials should also work with their staff to determine a set of expected outcomes, the neces- sary level of resources (staff and budget) needed to achieve these outcomes and performance metrics to evaluate and measure them. In the context of short-term political cycles, it may be tempting to stray from the strategy and only consider economic development in terms of traditional, more tangible suc- cesses, such as attracting a new, large employer. For this reason, it is important that elected officials and staff agree upon, are committed to and accurately measure even incremental economic achievements. This will allow political leaders to demonstrate success and champion all various ways the community is supporting economic activity. Strategic implementation of economic development, from selecting activities that support the vision to accurately measuring progress, enables local governments to be more responsive in an increasingly com- plex and uncertain economic environment. It allows the community, staff and elected officials to be part of a "continuum" ofleadership and to make more deliberate progress toward long-term economic success. II The Role of Local Elected Officials in Economic Development I 10 Things You Should Know Taking Action, Asking Questions . How do your goals drive everyday actions to develop and grow your local economy? Can you develop better strategies, if needed, which make sense for your community? . What is the general orientation of your local government toward supporting private sec- tor economic activity? What tools is your city willing to and able to use? . Is your city's budget and staffing aligned with its strategies for economic development? . How will you measure and evaluate your city's economic development efforts over time? . What can you do to celebrate incremental successes? Littleton, Colo. (population 43,055) In 198 7 ~ the Oty of:Uftletonpioneeredan'entrepreneurialaltema1ive' to the. traditional economic development practice of recruiting industries. The U economic gardening" program, developed in conjunction with the Center for the New West, is os an effortto grow IOcaljo~s thrOughentre~reheurior activity. The approach is based on research thlltindicotesthe'great majority of 011 new jobs in any loco\ economy are.produced by. small, lotalbusinesses dlreody in thecommuni1y; According to Chris Glbbo!1S:iUftleton'sdiredor (jfbusinessfindustryl on entrepreneuriol approach'to economic development has severol advantages Ovel ol1raction strategies" First; the cost per job is much less than the $250,0'00' to': S300100'Q"lhtentlVes fypicalln major:relocdtlOlis. Second, t1i_, investment'is in the communilV'ond its' infra' structure; shoula:OlbtJslness:cnbose':to,leovei It doeslnot take:thatirlvestment'W1t1\'it. T1Urd;it is.aheliftllierlOpproach irrthot:a commuriitV~s ftltlire,iSI1\a,IOngertlea to'the' whims of an out of stafe company.lts,fut\lfe< is+entlrelv rit:furYGIiOircrits owh' effdrts ond,invesfrnenfs. . liftleton's,economic strategyfocuses on creating 0 nurturing,environmentfor:entrepreneurs and Usecondosrage" companies, those with 10'99.:employee$!ondyor$750;OOQ..$SO 'million in receipfs.Inoiffpital"engllgement; the city:~ EcolTOmic Gordening te'Om will' assiSt'a 'compan wfth,core:stMegYi,marketanalysls, cOlilpefftor inffllngence,ondiotherillioritylflfSksl'Slhceifhe Stmt'Ofithe progrom, Litfletonase:hlJ$'grown from '15,OOO.to 30,000; tH8' retolksolestox has.triplid'from $'6itiiilfio,rto 521 million, and the pOpUloTI'bnhos.grownby23'percent: Contad: City of liftleton Businessjlndustry Affairs Phone: (303) 795.3749 /2 Notionolleogue of Cities I Center For Reseorch ond Innovotion 5. Connections Between Economic Development and Other City Policies It would be nearly impossible to list all of the various ways in which local government policies interact and overlap. When crafting economic development policies, it is essential to consider how other city policies support or discourage your economic development goals. For example, are your transportation initiatives supporting local retail? Are your local workforce training programs aligned with your sustain- ability plans? Is the regional housing stock adequate to meet the needs of workers in your community? By thinking about policies holistically, you can avoid detrimental policy interactions and create an environment for different policies to support and enhance each other. Policy integration has become even more important over the past 30 years as the drivers of economic growth have broadened significantly. Today, the scope of economic development and the interests and needs of the business community extend well beyond market access and transportation networks. Social and professional networks, educational institutions, quality-of-life amenities, talent and work- force skills and housing are important assets that contribute to your community's economic profile. Additionally, there is increased recognition that improvements in economic equity and the natural environment are critically important to a strong local economy, For example, the City of Portland, Ore., has created a Sustainable City Partnership to foster a collabora- tive, citywide effort to integrate sustainable practices and resource efficiency into municipal operations and to strengthen existing policies and efforts. A primary partnership role for city officials and staff is to develop connections between environmental quality and economic vitality. The city has encouraged sustainable business practices and has leveraged sustainability as a key economic sector. One strategy to ensure that all of the various sources of economic growth and the key elements impact- ing economic development are coordinated is to develop your economic development activities in con- junction with your community's comprehensive planning process. Some communities have formalized this process through implementation of an Economic Prosperity Element (page 14). Taking Action, Asking Questions · How do other city policies - in areas from transportation and housing to public safety - affect your goals for economic development? . To what extent does your city need to change existing policies so they are aligned with and support the economic development vision and goals? · How often do various city departments communicate? To what extent is there a shared under- standing of and commitment to successful economic development across city government? · Are your city's economic development strategies and goals reflected in the comprehensive plan? Can you add an Economic Prosperity Element to the plan? ]] .he Role of Local Elected Officials in Economic Development I 10 Things You Should Know Economic Prosperity Element byWUliamAnderson, Directar,CityPlonning&Carnmunitylnvestment Deportment, City .of Son Diega. (American' Planning ASso- ciaffon Economic DevelopmeiltBlog 5/1 7/2 OlD) MOny cities .ondcaunties ore..odding Ecanarnic. Prosperity arsirnilo r'elements"'fotheiriJenera'. Plans...Theslre.lem~nts..help strengthe n the UnkvbetvJeen. oiurisdictian'scomprene~siveplon a ndec?namicdevelapment. ."Whilemostfa.~tarsctRati~~uence ecanamic d evelopm.e.ntare.bey?nd'o..laml.area'~..~aritralisuch'osmucro-economic trends, TnternationalcaTpefifi?n,. interestrrates,finoncial matKets~ lacol'iurisdicrions do have contr61offactarsthatmn make them more or less campetltive intheregiaRFnotion,orworld. Some aHnese lacolfoCtorsore!frdditibrtoll'loddressed in General Plans, such as .Iondusecapacityifarc indus~iesund ... targeted sectars,Jnrrostructure. e~iciencyund.cost;..qualIty:aHife, housing. offordobIlityfor.the workforce I ond.environmental'quality. Other locolfoctarsore natasdirectlyrelotedtolanduse policies, such. as workfarce troining,education, and' access to copitol. These factars may be the purview .of other 'Organizations and agencies! but areulsa critical. An' Ecanamic Prosperity Element, especially one tied ta 0 regianolecanamic develo~ment strategy, conbtidge and caardinote tnese factarsund take the General Plan beyandthe role .of justland Use palIcy.lt con alsa serve as theele.me~tthat cannects 0 regian's econamic develapmentstrategy facused an the needsafexpart-oriented base sectars, tathe appartunities farcammunity~evel ecanornicdevelapment. Contact: City .of Son Diega Deportment of City Planning & Cammunity Investment Phane: (619) 235-5200 E-mail: AndersanW@sandiega.gov National League of Cities I Center for Research and Innovation 6. Your Regulatory Environment Your regulatory environment directly impacts the ease of doing business in your city. For business leaders, time is money; they want to know that the regulatory process provides for timely, reliable and transparent resolution of key issues. If your city's regulatory policies are riddled with delays, confusing and redundant steps and multiple approval processes, a prospective business may very well choose to locate or expand in another community. Local officials can improve the regulatory environment for businesses by ensuring that the development review process and other policies are streamlined and transparent, The key to success is ensuring con- sistency and clarity about expectations, timelines, regulations, and costs. This will alleviate much of the uncertainty involved in economic development projects by allowing businesses to accurately anticipate the timing of the process and to build their plans accordingly. In addition, a better regulatory environ- ment can promote information-sharing and better communication with local businesses so you can work together to identifY potential challenges or problems. As a local elected official, your first step is to ensure that you have an understanding of the current regu- latory system and where there may be problems. This will require you to gather input from the business community about their frustrations and experiences. Working with your local chamber of commerce or other local business organizations may be helpful in this process. To gain additional perspective, you may want to consider going through the process yourself, as if you were a developer or a new business. This will allow you to have firsthand knowledge of the time, costs, hassles and clarity of the process. When examining your regulatory process, be mindful not to throw the good out with the bad. Not all development is good development, and it is important that your regulatory processes reflect your long- term economic development vision so you can safeguard against detrimental projects. The key for your city is to find a balance and remove unnecessary delays and hurdles, while still preserving the integrity of the community's economic development vision and goals. Taking Action, Asking Questions · Are your local agencies charged with regulatory processes attuned to the needs of bus i- nesses, particularly efficiency and transparency concerns? · Are there one-stop approvals or other ways to expedite review processes? . How long does it take to get a new development proposal in front of a local planning board? · Do businesses have ac~ess to clear information about local regulations from one source? · Is there a designated city staff person who helps facilitate the process to ensure that things go smoothly? 15 National League of Cities I Center for Research and Innovation 7. Your Local Economic Development Stakeholders and Partners A group of diverse stakeholders within and outside local government contribute to economic develop- ment. These include both large and small businesses, nonprofit organizations, workforce and training organizations, universities, department staff and many others. Economic development partnerships will likely change depending on the activity, so it is important to think strategically on a project-by-project basis about who needs to be involved and the resources they bring to the table. Collaborative partnerships are especially important given the increased complexity and diversity of interests in economic development. Harnessing the breadth of resources, knowledge, leadership, and skills of stakeholders that may not typically interact is essential for effective implementation of your city's economic development strategies. By facilitating broader and deeper interaction among local government, business, the community, and economic development activities, local elected officials can ensure that policy decisions will be in tune with all of the other work that is happening in the com- munity to advance the city's economic development goals. Your local government may not always be the lead organization for an economic development project. Sometimes, the chamber of commerce might lead the way. In other instances, it might be a different community organization or business leader. But even if the city is just one stakeholder among many, local elected officials can make themselves available to help bring the right people and organizations to the table. Important roles for municipal leaders include: reaching out to the various parties; working to break down communication barriers; helping to facilitate consensus; and ultimately, coordinating and leveraging action. Taking Action, Asking Questions . Who are the key stakeholders (individuals, organizations, businesses, city staff) that can help strengthen your city's local economic development efforts? · To what extent are stakeholders already communicating and working together on these issues? . What will it take to break down any barriers that exist among key stakeholders and to get them to do more collaborative work? . What resources do various stakeholders bring to the table in terms of financial support, people, skills, contacts and more? 17 The Role of Local Elected Officials in Economic Development I 10 Things You Should Know Gcrtlbndi, Te'X~sz ('pQP'wlb'tibn 238,60'1') 'ffjettiVI nllFltbmit:DeWl8pmenttPltmt8Bhij1r(GED "cbIIODbrOtion'otgovefnmentilsdiookoridJbnsiness the,re n\ Iitlo~d~;lJeendtarttttetiZ1ll1os;amlaior 's.'llrtdi~hom'e'fo~ numero&s: FortOn'&l500'CorporDtions'sucli;a~ Kroft F6ilds,Genertll,bYnnmics 'lItltJniUop 100" Du~nesses basedon:tIielr'roxvolue;. numbverof;etnpIOytes'tl~d'e1ectric onllrllp: 1drr~ rejltesenl!lS: peftent:oHWed&alitllXlll'ase and'. erl1Jllll'f! l:7;percenfrofJfhe , ie~filltnotvrsiMd;iTei1ilydll'Of~he:top' i'110marM6tll1rl~giCllmpo- ittefns:'ond1il\tJnenges'direttly: ~ccording:to Jones(theselvlS\t$!iWete: intentled to mllke;sure\ thoteleeted: 6ffici/lk understolid: and :recogniZe,Ytlsir\ess: n8'eds, and 1fhdftn8' busineSses understMtHl\of::th'll<'tity: opprecidtes:t!feyore:pbrtof ollrcorllfllUnity: DOring thlri11eetit1gs~ th'e:Tnoyor ondt:G'fDPsf1iffdiscussedtarvorlil!VlorkeyiSsu8S, indudihgwollcforce:1Taining:.needs, utill1WcoS!s, and public'saMfY; AS o'resnlt, the cilfdevelopM the Dallas tduntV M'tlnufbcftJrersi Association in collaboration with Rithlond COllege to proVide specialized worlcforce training. Gontac1: Garland Chamber of:(ommerce Phone: (469) 326Q4'44 &moll: poul!moyer@g(lrlondc~omber:(om 18 National League af Cities I Center for Research and Innavation 8. The Needs of Your Local Business Community Local businesses are essential to a stable and diverse local economy. In recent years, many cities have shifted their primary economic development focus away from attracting large firms from outside the community to growing new businesses from within and helping existing businesses survive and thrive. Local officials can help create an environment that supports the growth and expansion oflocal businesses, In the case of entrepreneurs and small businesses, many fail not for lack of ideas, but on planning and management. By allocating resources for entrepreneurial and new business support services, local governments can help these businesses overcome critical barriers to success. Such services include small business development centers, entrepreneurship training, market information, networking opportuni- ties, marketing assistance, business incubators and even financing opportunities. Running a business is a full-time job, and even if local services are available, business leaders may be unaware of the assistance available to them. Even more likely, they may not automatically view the city as a resource or an ally. By making the effort to reach out and communicate with your local business community, whether through your local chamber of commerce, organized events or visiting businesses individually, local officials can gather input to help improve local business policies and demonstrate that the community cares about the success of their business. It is important for local elected officials to bring the same commitment and enthusiasm to existing business as they do to new business prospects. The city often creates incentives or other policy packages to attract new employers, and celebrates a new, large company with ribbon cuttings and stories in the local media. By similarly celebrating local business accomplishments, you can show the city's support, increase the business's profile and draw attention to economic development success stories that often go unnoticed. Additionally, by publicly highlighting the achievements of your local companies, you will build your city's reputation as a business friendly community. This, in turn, may encourage outside businesses to take a second look at your community as a desirable location, while providing existing businesses with even more reasons to stay in your jurisdiction. When making policy decisions focused on business retention and expansion, including small business and entrepreneurial development, it is important to remember that many local businesses need time to mature and grow. Although this form of business support may not deliver an overwhelming, immediate economic impact, the benefits of staying the course with your local businesses can provide greater long- term pay-offs. These include a more diversified, stable economy, a business community with stronger local ties and maybe even the next, great Fortune 500 company. 19 The Role of Local Elected Officials in Economic Development I '0 Things You Should Know Taking Action, Asking Questions . What does your local government do to find out the needs of your business community? . Who in government regularly communicates with individual businesses and the business community at large? How does this happen? . To what extent do you celebrate milestones achieved by existing businesses in your community? . What support services does your city offer to entrepreneurs and small businesses? What more could you do? J'lIlew York '(population 813G78';r63} New,York City:proVioes on:exomple' of 0 successful; art til'-dlfectly link workforce development ond economic develop' ment: In 2003;, M'oyor,Michoill Brooml1erg,eliiftin . 'e-NV(l1evo~r1t ofc E'mplOyment ond'consolidotedilhe,cilV's odolt worKforce' .pragro'l'ns- wltlrihe, Depoitltteflr ofSmiin>Buslness SilMces,(SBS)'.Th'e' resalting, progrom proVides, employment ond troiningservicefforindividools onds8'e~ to meef,specmc workforc8" needi<'of locol:busineSses. . Mochof Ilie progrom's,success;hdsibeen,dlIe-too:dlJolcustomeropprooch - focusing on meeflngthe needs ofiob seekers, os welFos: locol buslnesS8S'.ln fott, SBS,Ho~developed,two .disflttct:bnmds.ilssodofed;Wi1!r:oothcuStomers: WilrRfbrce 1 provides iildrvidoolS;with j'oD"plocement, ttoihing,:ono:odVoncement seMc9$;ortd' NYG' BlIsh'leSS: Solulions provides 0 .suite, ofservicesto support locol' businesses;: including' emploYe'8'recrultrnent se'rVkesJfom 1f!e. pool: of'screened. jOb' condidotes from' the; WorkfOrce 1 progrom. The effort hos shown reohesolfs.iritfew York City: In 2003, prior to file consolidolionof the'two progroms, the workforc8":system only ochieved 500 jilbplotemenfs'. In 2009;the workforce system,ochimd 25,00'0 placements. Contact: NYC Oepartmentof'Smoll'Business Services Strotegic Iniffoflves Phone: (212) 618-6 TS9 E-moil: cneole@sbs.nyc.gov 20 Notional League of Cities I Center for Research and Innovation 9. Your Community's Economic Development Message Strong communications and a compelling message are vital to successful economic development and a primary responsibility for local elected officials, An economic development message that is based on your community's collective vision and is conveyed by all key stakeholders will establish a consistent community "brand" and competitive identity to the outside world. Local elected officials can use public speeches, interviews and other communications to rally the com- munity around their economic development message. In addition to publicly promoting the message, local elected officials can work with their staff to ensure that all economic development partners have the information that they need to support the message or to accurately convey the message to others. This may be data about the economic role they play in the community, or marketing materials that they can use to engage others outside the community. These small steps go a long way in generating a positive reputation of your community. Sometimes, cities let politics and minor disagreements about the direction of economic development affect their city's public image. This can detrimentally impact the confidence investors have in your community as a place to do business. Developers, business owners and others want to be assured that their investment in your community will have broad support among local leaders, residents and key partners. If those who impact the success of a business or economic development project are not uni- fied, the confidence of the investor will falter. Local elected officials can help manage internal disputes and ensure that all stakeholders remain committed to the message and the vision it conveys. Taking Action, Asking Questions . How do you currently communicate about your city's economic development activities? To what extent are you using speeches, media interviews and other forums to highlight an economic development vision and goals? . Does your city have a clear and consistent message about economic development for the outside world? . How do your city's communications efforts dovetail with what other organizations in the community (e.g., the chamber of commerce) are doing? Are there ways to enhance coor- dination on communication activities? 21 Notional League of Cities I Center for Research and Innovation 10. Your Economic Development Staff As discussed throughout the guide, local elected officials have clear and specific roles to play in their cities' efforts to build a strong local economy. However, success in filling these roles often depends on the relationship between elected officials and staff members who work on economic development issues on a daily basis. As a local elected official, you are often the public face and the cheerleader for your city on economic development. When you are giving a speech, talking to a local business or discussing a new project with constituents, you must be prepared with the facts or run the risk of seeming uninformed and out of touch. Staying up to date requires open and regular communications with and trust in your city's economic development staff. Your relationship with staff will enable you to gain a better understanding of the economic position of your city, changing local and regional conditions and your city's economic devel- opment plans and priorities. You will be better able to articulate economic goals to constituents and the media and make more informed policy decisions based on the most current information. This is especially important in the current economy, as city resources are scarcer and businesses and citizens alike are looking for informed leadership. Local officials should begin building a strong relationship with economic development staff at the beginning of a political term or new project. Economic development is a complex topic; most newly elected officials may not have an in-depth understanding of the current economic policies or the city's long-term vision and strategy. By forging a relationship early on, local officials can come up to speed more quickly and be able to make better policy decisions in the long run. It's also important to consider what expertise and knowledge you bring to the relationship that city staff may not have. Most elected officials come to office with a professional background in an area other than local government, such as banking, small business or healthcare. This can make you uniquely qualified to represent the city to important economic interests, With open communication, your city's economic development staff can become more aware of your skills and seek opportunities to use them. Taking Action, Asking Questions . How often do you talk to the key economic development staff in your city? . Do you get regular updates, or "cheat sheets," about the issues, trends and successes of economic development in your city? . What are your expectations about economic development? Have you discussed this with the economic development staff? . What economic development issues or practices could you learn more about? 23 National League of Cities I Center for Research and Innovation Conclusion As an elected official, you make decisions every day that impact the future of your community. It is of criti- cal importance that your decisions and actions support your community's vision and do not work at cross purposes with existing efforts. This is particularly true in today's rapidly changing economic environment. You can use this guide to initiate conversations - or ask questions - with key players within your community. The first step will most likely be to initiate conversations with your economic development staff about how to best use your skills and political capital to support a strategic economic direction. Even if you are already engaged in economic development, this guide can serve as a reminder of all the leadership roles needed for economic success. It can also help you identify how your economic devel- opment role should vary over time to support the changing needs of your community and economic development stakeholders. Your city may have all the right assets, partners and tools, but may never realize its full potential with- out a leader to bring all the pieces together. You have the power and the ability to do what's needed to advance the cause of successful economic development for your city. 25 NATIONAL LEAGUE CENTER of CITIES FOR RESEARCH & INNOVATION Copyright 2010 National League of Cities Washington, D.C. 20004 I'" NATIONAL LEAGUE of CITIES - r...... 1301 Pennsylvania Avenue, NW I Washington, DC 20004 I (202)626-3000 I www,nlc,org r News from Florida Fishing Academy Page I of 4 You're receiving this email because of your relationship with Florida Fishing Academy. Please confirm your continued interest in receiving email from us. r You may unsubscribe if you no longer wish to receive our emails. rlJ LI;" mf a III ~ Donate Toda Florida Fishing Academy Newsletter The Fish Wrap October 2010 r I just want to take this time to thank all of you who have helped the Florida Fishing Academy in so many ways, whether you've donated your time or skill, given of your resources, however scarce, or just spread the word on the difference we strive to make every day in the lives of our students, and the community. As a nonprofit, especially in this struggling economy, it is a testament to your generosity and your belief in the academy's good works that we continue to grow and reach more kids in need every year. But as we approach the end of 20 1 0, and the beginning of another new year, we are already thinking about how to refill the coffers and continue to serve the boys and girls who rely on us to teach them the joys, opportunities and responsibilities ethical angling has to offer. Read this newsletter for ideas on how you can help this important cause. If you want to volunteer your time or talent, or join the Friends of the Florida Fishing Academy, follow the highlighted link or contact me. We'd be proud to have you aboard. r' 4. ~ ffi~ Founder & Executive Director 561-740-7227 Florida Fishing Academy Rich@FloridaFishingAcadem y .com http://campaign.r20.constantcontact.com/render?11r=kehg7wdab&v=001 x6tB _ 6tkB4Co... 10/29/2010 News from Florida Fishing Academy Buy shirt, help the effort Want to look cool, and fit the role, too? What better way than to buy an FF A t-shirt, bearing the new Florida Fishing Academy logo designed by renowned marine artist and conservationist Guy Harvey and donated by the Guy Harvey Ocean Foundation? The shirt is a mere $15, plus the cost of shipping, and all proceeds benefit the programs of the Florida Fishing Academy. What are you waiting for? Place your order today! And while you're at it, visit our FF A store for lures, hooks, gear and more. Check out our new look We want to thank the folks at Web Smith for their generosity in donating their Internet site-building expertise in 2006 by creating the Florida Fishing Academy's first website in its infancy. Without that site, we could not have had a place in cyberspace all these years. Now, thanks to the cutting-edge Apple computer provided via a grant by the Community Foundation for Palm Beach and Martin Counties, we've Page 2 of 4 FFA building starting to look like a landmark If you haven't been by the FFA's Boynton Beach facility in a while, you're missing out. Aspiring young artist Guy Snell, 15 and an apprentice of prestigious marine life artist Wyland, is lending his time, and his considerable talent, to give all four walls of the building a whole new look. In December, Wyland and renowned artist, conservationist and scientist Guy Harvey plan to add their own touches to this unique masterpiece, and we'll have a ribbon-cutting event with the Boynton Beach mayor and other local dignitaries. We're looking for corporate m2onsorships for what promises to be a marquee event, so reserve your _space now. And take a moment to read the Sun Sentinel spread on young Guy's great work, and watch his first network TV interview. This is one cool, and very talented, kid. I We're fishing for new ~ ~~ \ . .. - ; j .. ....".. .. ~ _ .... n ""'~",r""'" .r_..,....,..._ News from Florida Fishing Academy r discovered an added bonus: Web- building capabilities that have allowed us to bring our Web design and maintenance in-house, cutting our hosting costs and giving us the opportunity to continually update the site with the latest information. We encourage you to check out our new look, stay up to date on all the latest happenings, and give us any feedback you feel appropriate. Page 3 of 4 FFA board members Are you passionate about helping kids, love fishing and want an excuse to spend more time on the water, giving back? You may be just what the FF A is looking for. We're interviewing for members to our Board of Directors, and our volunteer committees. Elections are in December. To apply and receive your prospective board member package, contact Capt. Rich. Capt. Bob's Fishing Spot Each issue, we feature a blog posting by Capt. Bob Cawood, our senior instructor and a key reason for the FFA's success. Here, he writes about an Oct. 23 outing with students from our Saturday Fishing Class. The Boynton Beach CRA is no longer funding this class, so we are looking for another sponsor. Interested in filling this hole, or know someone who can? Contact Capt. Rich. And keep up with Capt. Bob's blog, and bookmark it! r Saturday Fishing Class went extremely well this. I met all the students at the classroom at 9 a.m., where Guy Snell was already there continuing to paint his amazing mural. Some of the students set up their fishing rods, grabbed the bait and cast net and headed down to the Intracoastal. We were using cut mullet and greenies we caught, along with some frozen shrimp. The students caught all types of fish, including a boxfish, ceros, a spanish mackeral, lane snappers, mangrove snappers and grunts. Some of the students also learned how to use the cast net so we will never run out of bait. When some of the students started getting hot and needed a break, we went back to the classroom and they learned how to replace the eyes on some of the fishing rods. We are always extremely impressed that they are always wanting to learn new things. Next Saturday, we are going to be painting some more fishing rods. Some students still need to paint their own fishing rods, and some students want to paint some rods for us. r -- - - - - - - - -- http://campaign.r20.constantcontact.com/render?IIr=kehg7wdab&v=OO 1 x6tB _ 6tkB4Co... 10/2912010 News from Florida Fishing Academy Page 4 of 4 r-----------------"----------------------------------------------. Save 200/0 p---------------------------------. I I I I I I I I I I I Cut this coupon and save on an individual trip on our fishing or Intracoastal cruise charters. I : Florida Fishing Academy Savings . . I I I I I I Offer Expires: December 31,2010 ~---------------------------------~ ~---------------------------------------------------------------~ Forward email Email Marketing by ~ SafeUnsubscribe@ This email wassenttoutterbackt@bbfl.usbyrichllilfloridafishinqacademy.com. Uodate Profile/Email Address I Instant removal with SafeUnsubscribeTM I Privacy Policy. ~r~ CotDb)tContact. TRY IT FREE Florida Fishing Academy I 7067 Peninsula Court I Lake Worth I FL I 33467 -.1_'- O__.~F\f\l uL:...n t:...1...-DAr"_ 1 (I/")O/")() 1 () t~~ctY~Te~ICRA iIIi East Side-West Side-Seas.,de Rena.,ssance eRA BOARD MEETING OF: November9,2010 I I Consent Agenda I Old Business New Business Public Hearing ! X I Other SUBJECT: CRA Holidays for 2011 SUMMARY: Attached is a list of the 2011 CRA Holidays. The CRA Office will be closed on said dates. Please note that the CRA observes the same Holidays as the City of Boynton Beach. FISCAL IMPACT: None RECOMMENDATIONS: None > ~qY~T2~ RA . East Side -West Side-Seaside Rena'lssance HOLJDAYS - 2011 I)ecembel :z, i 2.0 i () - New 'riedl's l)dLJ ,januarlj i 7 . Martlrl Luther K.lng...Jr [)aLj rebruarl1 2. I ~t F resIdent's L);'1lj r-v1alj :l)d": Memonal LYalj JU!lj 4 Independence 1)a[1 ,September) Labor [jalj November i j 1c. Veterans l)ay November 2. 41h 1-hanksg,vlrlg I)ay November 2. "it:, Day aher 1-hanksg,vlrlg December 2. ~": ( hnstmas eve tlo1iday ()bserved December 2.5ti1 (' hnstmas I)alj t-Jol,day LJbserved II ------.... ~COw\w\U,,;ty Cari"9 Ce"tev', / Havvest MooV\ Ba(1 Jo-yu C, PDY~. Pv~ ~ EV<l-ir~ B~ V~-Pv~ A~ fo1't/r--e ~e 0;' YOv.+" ~ o..~ V;.,e cd.ehr~ 0'VvV ~.u{ ~Lf ~. Thuvsda~; NoveVV\bev J-j.J 201-0 BeyweV\uto RestauvaVtt j. 730 N. Feder-a! Highway BOYVttOVi Beach) Florida. 33435 ~:30 PM Cash Sa,.... & 5i{eV\t AuctioV\ Cl-1a/l'v\pa,gYte Toast cOMpf/WleVtts of BevweVtuto's 7 PM We(coV\ll.e; Divu"ler& RecogV\itioV\ Awavds Music a.M. DaV\ciV'_g to follow Valet parkilllf3 Availab{e $<05 Ploy persoVt Tables of 8 Available RSVP to S0J..-3~4-q5D1- x 24 By NoveWllber- 1) 20JD Dee 15.a 5.0; (c)(3) orgamzal1Or, $20 of your tj.ckell~ lax deductlbie Cc.c,'s HARVEST MOON BALL :J I/We wiff attend Nuw..:bev In pavtS: _ :J 1'VlL.jIOLVf ~ fo-v $ _ _ Vj tH'~ o I/We v.r-uL p<kf .CJ-t.~ rJ-OtJ1' o (/We U/vV'.-t<..Dt a.~) .bv.-t~-t. to ~vt CCC S WO-VK rv1I.j/OvL+' ~ ~ ~~ of $_____ 10~ N~:________ Adh~: $ (." 5 (-2-{A' (-2f/lr ~ o-y '5 500 y...'hY iOvhU of 8 ;:-:. (f4<j-€. vvcek€. c-v..u)(-s p-i?/f.) o.-0AL h C-{;-i/ f~^\.~ Cf..N'Lt:R/V Cj cr-! . i V'./. . -~<tY~T2~ICRA iIIIi East Side-West Side-Seaside Renaissance eRA BOARD MEETING OF: November9,2010 I Consent Agenda I X I Old Business New Business Public Hearing I X I Other SUBJECT: Consideration of Amending Public Records Portion of CRA Administration Policy Manual SUMMARY: At the CRA Special Meeting held on July 20,2010, CRA staff brought before the Board for review the Public Records Request Policy & Procedures. Board direction was to have the CRA attorney create language, in the CRA Administrative Policy Manual, regarding public records requests that is consistent with the Attorney General's report (see attached Minutes-Exhibit A). The CRA Attorney has prepared the attached updated document (Exhibit B) to replace the existing portion (Exhibit C) of the CRA Administrative Policy Manual with respect to CHAPTER: Public Records, SUBJECT: Handling Requests for Public Records FISCAL IMPACT: None RECOMMENDATIONS: Approve the updated version of the CRA Administrative Policy Manual, CHAPTER: Public Records, SUBJECT: Handling Requests for Public Records. Le~. Vivian Brooks Interim Executive Director Exhibit A MEETING MINUTES COMMUNITY REDEVELOPMENT AGENCY BOARD BOYNTON BEACH, FLORIDA JULY 20, 2010 Chair Rodriguez reminded the members of the Attorney's recommendation to handle this as any other investigation either by suspending with payor allowing a leave of absence to occur while the investigation is ongoing. Motion Mr. Holzman moved to reflect the recommendation of the Attorney to investigate into three separate items: . The relationship between Lisa Bright and Joe Ferrer of Strategic Broadcast Media and Sunset Entertainment; and . The business organization that was formed between Lisa Bright and Vivian Brooks to determine exactly what is going on with that business whatsoever; and . At the same time offer to the Executive Director the opportunity to step down. If that is not acceptable, then to suspend the Executive Director with pay during the investigation. Attorney Cherof said he understood the motion to be that the first inquiry would be to the Executive Director if she wanted to take a leave of absence and absent that, suspension with pay. The word dismiss was not used. Mr. Holzman agreed. Mr. Hay pointed out that what Attorney Cherof stated was an explanation of the options and not a recommendation. Attorney Cherof agreed, but explained further that by expressing his point of view, it is a recommendation. Mr. Hay said the third option would be to do nothing. Chair Rodriguez passed the gavel to Vice Chair Ross and seconded the motion. The motion failed 2-3. (Vice Chair Ross and Messrs. Hay and Orlove dissented.) Motion Mr. Orlove moved to investigate the relationship with the Executive Director and Mr. Ferrer who does business as Sunset Entertainment, and that issue only and that the Executive Director remains on staff pending the investigation. Mr. Hay seconded the motion that carried unanimously. VI. Discussion of Public Records Policies end Procedures Because of recent questions, Mr. Orlove requested that an administrative policy be put in place to deal with publiC records requests. The only comment he had after reviewing the policy provided by the Executive Director was that an actual timeframe for response be included. He suggested that within 24 to 48 hours, the requester would receive an acknowledgement advising how long it would take to provide the records. That is not reflected within the current policy. Mr. Holzman questioned what the normal response time would be in the course of business. Attorney Cherof advised that a response is a matter of priority for any custodian of public records. The length of time can vary. If there is a document that is in existence, the custodian should retrieve the document while the requester waits for it. Establishing a period is not appropriate or consistent with direction provided by the Attorney General's Office on how to 12 MEETING MINUTES COMMUNITY REDEVELOPMENT AGENCY BOARD BOYNTON BEACH, FLORIDA JULY 20, 2010 respond. There are occasions when a document cannot be produced immediately or within a short period of time. Perhaps the standing rule would be if you're not able to produce the document, you would give the requester an estimate of how long it would take to respond and provide a subsequent response within 24 hours. Attorney Cherof advised that it would be difficult to write a policy that is better than the numerous interpretations provided by the Attorney General. The statute says "shall reasonably respond or produce". Mr. Orlove felt that because of recent events, the policy should be clearer. If we rely on the Attorney General's review or commentary, it should be stated in the policy. Mr. Orlove noted that the policy in the Administrative Policy Manual of the CRA does not state that if you make a request and the document is available, you are to get it immediately. If it is not available immediately, you provide an estimate of how long it will take to respond. Mr. Orlove felt this needed to be clearly stated. Motion Mr. Orlove moved to ask that the policy be updated to include the review of the Attorney General regarding a pUblic records request. Mr. Holzman was concerned because the Attorney General's report is a "living" document and changes as rules and interpretations change. Attorney Cherof said he would draft a policy, but he does not want another policy that will slow down the process. Mr. Orlove wants a requester to understand that either a document would be provided immediately or the requester would be advised of the approximate date the records would be produced. Attorney Cherof advised that he would draft some language relying on the Attorney General's guidance and the experience of the City Clerk has an excellent track record of promptly and effiCiently responding to publiC records requests. Mr. Holzman does not want the language to be used as a shield or as a sword in terms of responding or not responding. Restated Motion Mr. Holzman restated the motion asking the CRA Attorney to create language in the CRA Administrative Policy Manual regarding public records requests that is consistent with the Attorney General's report on Chapter 119 and gives direction to staff and a requester as to a tlmeframe as to when information will be produced that is a public record. Mr. Hay seconded the motion that carried unanimously. Chair Rodriguez requested that the Board agree to ask the Executive Director to disclose via e- mail tomorrow to this Board, all of the boards/companies that she serves on and in what capacity. Motion Mr. Holzman moved that the Executive Director provide all the boards and/or companies that she serves on in any capacity outside the CRA. Mr. Orlove seconded the motion. 13 Exhibit B BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY. FLORIDA ADMINISTRATIVE POLICY MANUAL CHAPTER: Public Records PAGES: lof3 SUBJECT: Handling Requests for Public Records POLICY AND SCOPE: Florida's Public Record Law. Chapter I 19 Florida Statutes requires that all public agency records, except those specifically delineated as exempt or confidential, are open for personal inspection and copying by any person. Providing access to public records is therefore one of the duties of the Community Redevelopment Agency. It is the policy of the Community Redevelopment Agency to promptly respond to a request for public records and to provide the requested records in a cooperative and efficient manner. Responding to a public records request is a priority task. PROCEDURE: The procedure for attaining publications and/or documents through the CRA is as follows: I, Whenever possible, but without conditioning production on a written request, all requests for public records, except those received in writing, shall be made by completing the "Request for Public Records" form which shall be made available on the CRA Web Page, The form shall also be made available at the CRA office. The form shall be substantiallv the same as the current CRA request form, a copy of which is attached. 2. Written requests for public records not addressed to the Executive Director shall immediately be scanned and forwarded by email to the Executive Director for processing, When a requesting party elects not to complete the form, the CRA staff member to whom the request is made shall complete the form to the best of their ability. A copy of the completed request form will be retained in a central public records request file or binder in the CRA office, 3. In cases when the request for records is made in person and involves documents readily available for inspection, there shall be no delay in the production. In all other cases. no later than the end of the next business day following the request the Executive Director or his/her designee shall communicate to the requesting party when the records will be available for inspection and if a cost will be incurred. an estimate of the costs. 4. If an extensive amount of research time is required and/or a large number of copies lS involved. the requesting party shall be advised of the approximate cost of the response \l) 1- '\.1) \>. I .{I"..,:--I '-j i ',- i \ ~_ \11''- Iii 1-1' I prior to the CRA filling the request. Proceed to respond once approval is received. If the requesting party objects to the charge, the Executive Director shall notify the CRA Attorney who shall assist in resolution of the disputed charge. 5. The Executive Director or his/her designee shall screen all personnel files and remove all exempt or confidential information prior to the file being viewed. All questions regarding screening files for exempt material should be addressed to the CRA Attorney. 6. The CRA shall furnish a copy or a certified copy of the record upon payment of the fee prescribed by law. If a fee is not prescribed by law, the following fees are authorized: a. 15 cents per one-sided copy for duplicated copies of not more than 14 inches by 81/2 inches. b. An additional 5 cents for each two-sided copy. c. For all other copies, the actual cost of duplication of the public record. d. The CRA may charge up to $1 per copy for a certified copy of a public record. e. If the nature or volume of public records requested to be inspected or copied pursuant to this subsection is such as to require extensive use of information technology resources or extensive clerical or supervisory assistance by personnel of the agency involved, or both, the agency may charge, in addition to the actual cost of duplication, a special service charge, which shall be reasonable and shall be based on the cost incurred for such extensive use of information technology resources or the labor cost of the personnel providing the service that is actually incurred by the CRA or attributable to the CRA for the clerical and supervisory assistance required, or both. 7. All records to be viewed must be viewed in the CRA Office and in the presence of a representative of the CRA. 8. All monies collected during a request for Public Record Information should be placed in an envelope and given to the Administrative Services Manager who will record the monies in the deposit log and will notify the finance department, and will provide a copy of the request for Public Record Information form. 9. In addition to the provisions of this policy, public records requests shall be completed in accordance with Chapter 119, Florida Statutes. H:\1988\880508\BBCRA\Request for Public Records-lI091O.doc Revised APM ] 1/9/]0 - 2 - T \ '(;E~D_\S, CO':;F"l \(;F'\D\:" \H )'\TlJl-Y REPORTS\(>,mpkted \p:cnd,l Item RC4ue~t h'rm~ hy \1l'C'ting\FY 2010 ~()l t B'J;lrd \1e{'ril1g~\ ll.()- J() mn.tl11g\Rc4uc~r fur Puhlic Rl"cords-\ WC)lO.do!.: ~i ~<tY~T2~ eRA . East Side-West S",de-Seas',de Rena'lssance BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY 915 South Federal Highway, Boynton Beach, FL 33435 Tel: 561-737-3256/Fax: 561-737-3258 REQUEST FOR PUBLIC INF'ORMA TION REQUEST SUBMITTED BY: NAME: ADDRESS: PHONE: FAX: EMAIL: INFORMATION REQUESTED: SIGNATURE OF REQUESTING PARTY. DATE OF REQUEST' EMPLOYEE COMPLETING REQUESJ DATE COMPLETED: The requestmg party may inspect the requested records at the eRA Office or have them emailed. without charge, unless the nature or volume requires extensive clerical or supervisory assistance 11l which case you will be advised of a special service charge (Extensive is defined as taking more than 15 minutes to locate. review for confidential information, copy and refile the requested material. Department of Administration Hearing - FACC 12/97. Vol. XVII. NO.") ") Plain paper copies shall be furnished upon payment of $00. ] 5 (per page) If the paper IS copied on one side and $00.20 (per page) if the paper is copied on both sides 3. Certification of documents shall be charged at $1.00 per page \(,) '...1) \~ 1,( I'\....'-,i ""I \1, ,I,]) \- \1(', I ill', l{i I'; '1\.1' 1,1,.1]11<)11, 'III h ii I Exhibit C BOYNTON BEACH COMMUNITY REDEVELOPMENY AGENCY, FLORIDA ADMINISTRATIVE POLICY MANUAL CHAPTER: Public Records PAGES: 1 of3 SUBJECT: Request of Public Records POLICY AND SCOPE: The policy of the Community Redevelopment Agency (CRA) is to fulfill all requests for public information through a proper request format, which includes the submission by the media or party of the specified information below. PROCEDURE: The procedure for attaining publications and/or documents through the CRA is as follows: The requesting party may obtain the documents and/or publications and view them at the Community Redevelopment Agency (CRA) office or have them e-mailed or faxed without charge. Paper copies shall be furnished upon payment of .15 cents per page for one-sided copies and .20 cents per page for two-sided copies. Certification of documents shall be charged at $1.00 per document. 1. The CRA will supply a "Request for Public Record Information" form (ATTACHMENT "C") to the requesting party. Please note that it is not a requirement that this form be completed in order to provide the requester with the information. If the requester does not wish to complete and or sign the form, please fill out as much information as possible and keep it with a copy of the information provided. The form will include the following information: a. Name of Party b. Address of Party c. Phone # of Party d. Fax # of Party e. Email of Party f. Information Requested g. Signature of Requesting Party h. Date of Request 1. Employee Completing Request j. Date Completed 2. The publications and/or documents requested will be prepared by CRA staff, screened for exempt materials and held in at the front desk for pickup. 3. A copy of the Requested Information and the Request for Public Record Information will be retained in the CRA office. - 1 - T,\ADIIUNISTRATIVE\Administntivr Policy Manuol 2008\2_Public Records Retrntion\2...Requr" for Public Records.doc 4, All monies collected during a request for Public Record Information should be placed in an envelope and given to the fmance department, along with a copy of the request for Pubhc Record Information form. '") T\_ID1.fDJISTRA.TJVE\Administracive Policy Manual 2008\ 1_ Admtnisrration SectlOn \4_Request for Public Records.clef Attachment "C" --:\~.... /' I'" " 1IJ~~~Y!A!T8~ eRA .. East: Side-West: S",de-Seaside Renaissance BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY 915 South Federal Highway Boynton Beach, FL 33435 Tel: 561-737-3256/Fax: 561-737-3258 REQUEST FOR PUBLIC INFORMATION REQUEST SUBMITTED BY: NAME: ADDRESS: PHONE: FAX: EMAIL: INFORMATION REQUESTED: SIGNATURE OF REQUESTING PARTY: DATE OF REQUEST: EMPLOYEE COMPLETING REQUEST: DATE COMPLETED: The requesting party may request to view the documents at the CRA Office or have them e-mailed to the requesting party without charge. Paper copies shall be furnished upon payment of $ 0.15 per page - one sided and $ 0.20 per page - two sided. Certification of documents shall be charged at $ 1.00 per document. T:\ADMINISTRATIVE\Fonns\Request for Public Infonnation.docALL GENERAL INFORMATION AND FORMS\Fonns, Brochures, Public Reports\Request for Public Infonnation ~~~<tY~T2~ICRA iIi East Side-West Side-Seaside Renaissance eRA BOARD MEETING OF: November9,201O I I Consent Agenda IX I Old Business I I New Business I I Public Hearing I I Other SUBJECT: Consideration of Approval for an alternate location for the temporary Fish Catch Display Board at the Boynton Harbor Marina. SUMMARY: Based on input gathered from the charter boat captains during the Mayor's Boynton Harbor Marina Slip Tenant meeting held on April 26, 2010, one of important issues raised by the tenants was the need for a fish catch display board. The display board would provide the charter fishing businesses an opportunity for a photo of their customer's catch and an advertisement for the Boynton Harbor Marina. Due to the lack of available space on the new slip structures, possible locations for the temporary fish display sign are very limited. At their regular meeting held on September 14, 2010, the CRA Board approved placing the fish display board in the area to the rear of the two story dive shop building, at the western end of the marina (see attached). On October 26, 2010, CRA staff received a letter signed by the charter fishing vessel tenant s requesting Board consideration of an alternate location for the fish catch display board (see attached). The charter captains are in favor of placing the display board at the east end of the marina in the area of a small planter area and decorative wall structure to conceal the marina's electrical panel (see attached) nearer their slips. CRA staff has reviewed the physical dimensions of the newly proposed location and believes the area will accommodate the display board. FISCAL IMPACT: To be determined. RECOMMENDA TIONS/OPTIONS: Based on review of the proposed location, staff recommends approval to accept the newly proposed location for the temporary fish catch display board to be placed at the eastern end of the marina. ':Z~~~~ IVlan roo s, tenm xecutlVe lrector T:\AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS\Completed Agenda Item Request Forms by Meeting\FY 20 I 0 - 20 II Board Meetings\ll- 9-10 meeting\Fish Display Board-Captains request for new location. doc r r r r "I -" \ f. { \ .\ l 1 '* I' f',' '" f I t , , r -'}. fa C "C .- ... ... fa fa % 0 ... r::a 0 > .c fa ... -a fa :z: II) .- c Q .s .c c II) .- > u.. 0 IlQ r Oct. 20, 2010 eRA Boynton Beach, FL ~ To whom it may concern: !;..."f'" ,. ....... t, We want to thank you for considering putting up a fish display rack for the Charter fishing boats at the Boynton Marina, however we have been told by the dock master that the placement of the rack is to go at the very west location of the dock slips, where most of the dive boats are. Our concerns are this: The rack would be then located farthest away from all the fishing Charter boats (aprox . 300+ feet), making it difficult and time consuming to haul a large catch (especially between am and pm charters, when we have a very short time between trips.) It also would create a bloody mess down the entire length of the dock. And, in the summer months, it could possibly even ruin the customers catch, because of the extra time and exposure to the heat. We feel it would be very beneficial to have the display rack at the very east end location, (where all the Charter fishing boats are)...at least there, we can maintain a clean presence of the rack, as it would then be handy to clean up daily and/or after each and every use. Fish blood, as you know attracts flies and MUST be cleaned up immediately after every use. Having the rack on the west end, we fear, would only become a DRYING RACK for dive gear for the Dive boat Captain's customers...and most likely not get the proper cleaning attention. We respectfully submit this suggestion. Sincerely Yours, C=~I';~~~'--~~d> ~~/q~ , / . - ./'. '/C" ;'C: / 7 ) .f . _ _~_.lr--r7" .__,...,_";' ..' l(c4.'h; L'li. LiJ. $ ( / - (~I.-J7 v;-J--.>L~ O? ~7t;r-" /5'", f;.i / ff ) C~ /9J- ovt (1)1'1) ,~\ t!l\ll\ ~itJ6fJL . ( !, t\~ \tl<; " f d\ Or\ ~\ Iv-\(~ (rc('*eJ (\' "'rfS( \' lot- S~)(\-\10~\ ~c (\ \\:;,~ ~1 , \..\. ~" ..l-'\ \,. \,;. ~ U . .' \.r,. ,\;',~, \.'.\:- (\ ,,,\ <::.\('j)S,,,,, \,-\'1 uOC ( '~, \ t:) C t C\j-"""'\ ,{ v C ~('.-It;',~ .~ ~. e... '. ('A c_ yeW-' ...~o >, (':.. t (.2. oJ.. ."e c.~ Y.. ';) ") ) / I I ~ , '" ." ~ -. ::::I (It - :r s- o ::::I -. ::J: (It 'C I>> - .. I>> c:r < 0 '" .. 0 3: I>> a. I>> .. S' I>> I ' "~' j I / I ,. '"""- r*;i k;~'4 ~~Y~T2~ C RA ~ East Side-VVest Side-Seas'lde Rena'lssance eRA BOARD MEETING OF: November9,201O I I Consent Agenda I I Old Business I X I New Business Legal I Executive Director's Report SUBJECT: Consideration of Color Palette for Buildings within the CRA SUMMARY: Over the years there has been much discussion and staff research on the subject of creating an approved color palette for buildings within the City and CRA. Attached are research and reports created by the Planning and Zoning Dept. in 2005 at the request of then Commissioner Ensler. After careful consideration, the City Commission decided against an enforced color palette. Currently, the only control over color selection is for new projects. Through the site plan approval process, new projects are required to submit their color palette for staff and Planning and Development Board review. Also, the CRA Board and staff controls building color through it's program~ where the exterior of the building is being improved using CRA grants. If the Board wishes to pursue the use of a color palette within the CRA district staff will need direction on the following items: 1. Should a mandatory color palette be selected by the Board or should the CRA Board or City have approval over the colors selected by the building owner? Would there be a fee for the CitylCRA to review and approve the color palette? 2. Will all buildings be subject to the color palette or only those along main thoroughfares? 3. Would the color palette apply only to commercial buildings or also to single and multi-family buildings? 4. Will historic buildings be subject to the color palette? Consideration should be given to the fact that there is no consistent historic architectural style represented within the CRA. Colors selected based on 1920's Mizner style buildings may not be appropriate for an Art Deco style building. FISCAL IMPACT: To be determined. CRA PLAN, PROGRAM OR PROJECT: N/A RECOMMENDATIONS/OPTIONS: Provide direction to staff on how to proceed. ~k Vivian L. Brooks Interim Executive Director T:\AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS\Completed Agenda Item Request Forms by Meeting\FY 2010 - 2011 Board Meetings\ 11-9-10 meeting\Color Palette.doc DEPARTMENT OF DEVELOPMENT Memorandum PZ 05-088 FROM: DATE: RE: Chair and Members, Planning & Development Board Community Redevelopment Agency Board Michael Rumpf, Planning & Zoning Division May 13, 2005 Regulation of building colors on major thoroughfares TO: INTRODUCTION Concerned for the aesthetic appearance of developments located along the arterial roadway corridors in Boynton Beach, the City Commission directed staff to consider regulations on building colors, and to initially obtain input from the two respective advisory boards. Although there was not strong consensus on all aspects of this issue, both boards generally support increased review of color changes, oppose the adoption of a specific color pallet, favor an increased review above staffs administrative review, spoke of importance of having "teeth" in the system such as a required permit for repainting projects, and that single-family houses should be exempt. Staff reviewed existing regulations, researched comparable codes, and reviewed color theory including the Munsell Color Classification System, Based on the understanding that the city desires strict color standards for the three (3) major corridors including Boynton Beach Boulevard, Congress Avenue, and Federal Highway, staff has drafted code amendments for consideration Staff understands the goal of this effort to prevent the presence of undesirable building colors from degrading the appearance of major roadway corridors. The challenge to accomplishing this goal is establishing a regulatory system given the subjective nature of the industry's classification of colors, the difficulty in attaining consensus on colors, and the need for regulations to be clear, concise and defensible. Staff also emphasized in this project, the need to maintain an efficient and friendly development review process that maintains the positive reputation achieved to date, and minimizes the enforcement burden on staff time and resources Options for reQulatinQ buildinQ colors are summarized as 0 ows: Regulatory System Regulatory scrutiny Process impact User -friendliness Mandatory color palate HighlLow No affect Depends on choices Subjective codes wlboard Highest More review time Least friendly review Color standards (objective) Medium No affect Depends on choices Relative stnds, (to existing) Moderate No affect Fairly friendly No color requirements Lowest No affect Most friendly f II EXISTING REGULATIONS The city's regulations are currently void of specific rules governing building colors. Although sign colors are to be "complimentary to the colors of the structure on which it is to be located", in the Page 2 of6 absence of specific color regulations, staff has applied requirements of Chapter 9. Community Design Plan, that are specifically applicable to building and architectural design, to colors proposed for new projects. Chapter 9, under Section 11. Exterior Building Design, reads as follows: "B, When a distinct development or architectural Dattern exists within a surrounding two block area, consistency with that pattern shall be required, unless the pattern of development is in a dilapidated condition. This provision shall not require buildings to be exact copies of each other. " and "D. When the area involved forms an integral part of, or is immediately adjacent to, or otherwise clearly affects the future of any established section of the city, the desian, scale and location on the site shall enhance rather than detract from the character, value, and attractiveness of that section of the city. " It should be noted that since Chapter 9 applies to new construction and substantial improvements to existing projects (major modifications), it does not apply to minor modifications, With respect to minorlmajor plan modifications, Chapter 4. Site Plan Review, lists criteria used to determine if proposed project changes are major or minor. The following paraphrased excerpt is from Section 9.C of that Chapter: C. In making a minor/major modification determination, the planning director shall consider the following: 1. increase. ..buildable square footage, ..,by more than five (5) percent. 2. reduce the provided number of parking space below required number. , .. 3. cause development to be below the development standards in LOR. 4. Does the modification have an adverse effect on adiacent or nearby DroDerty or reduce required physical buffers, such as fences, trees, or hedges. 5, Does the modification adverselv affect the elevation desian of the structure or reduce the overall design of the structure below the standards stated in the community design plan. 6. meet the concurrency requirements.. ... 7. modified site plan does not resemble the approved site plan. The underlined text represents those criteria occasionally used by staff in reviewing proposed changes to proposed colors, despite their intent to address building design, location, and other elements regulated by the Community Design Plan. If confronted with potentially undesirable proposed project colors, and by an applicant unwilling to compromise, staff would deem the change "major" thereby requiring formal site plan review culminating in Commission review. Alternatively, the applicant could appeal the administrative decision, which similarly, would be reviewed by the City Commission. However, this current process not only lacks enforceable codes, but is flawed by virtue of the subjective nature of reviewing paint colors, While new site plans facilitate the thorough review of project colors by both the advisory board and Commission, the minor modification process relies upon staff to make subject decisions in reviewing acceptable building colors. Page 3 of 6 PROPOSED AMENDMENTS Staff has drafted proposed amendments following a city-wide windshield survey (reference corresponding PowerPoint slide show) to view predominant building colors, consideration of regulations from other municipalities, and following identification of a subjective color classification system. The proposed amendments, as described and provided below, begin by adding purpose or preamble text to establish colors as an important design aspect, adds color changes to applicability criteria of Chapter 9, defines special road corridor and the corresponding acceptable color groups, establishes maximum color limits (intensities) based on the Munsell Color Classification system, places burden of proof of compliance on the applicant. adds color changes as a criteria for major/minor modification reviews and describes submittal information. The changes also delegates to the advisory boards the responsibility to review appeals to administrative decisions involving change in project colors. Prior to codification of final amendments, staff will also incorporate penalty and enforcement provisions with input from the City Attorney's Office. Entire excerpts of the proposed amendments are also included as Exhibit 'A Preamble The following text is proposed for Chapter 9. Section 11 (new subsection "K"), and would provide the basis and importance of new color regulations. This new section is proposed as follows: K. Building colors. Bovnton Beach recognizes that profect architecture and colors can oositivelv or negativelv imoact its aesthetic environment, image, and prooertv values. Building colors should be carefullv selected to be comoatible with and comoliment profect architecture, colors of fixed elements such as roof materials, and colors of adfacent profects. Profect colors will be selected to provide aporopriate proportions of, and coordinated base, secondary, trim, and accent colors. Profect colors are intended to complement and contribute to the surrounding area and city, rather than primarilv attract attention to a single profect from a distance. The intent of this section is not to require identical colors, but to require the careful selection of colors that will contribute to the overall appearance of the city. This text documents the importance to the city of building colors; states the importance of careful color selection, color compatibility, and color hierarchy; and the purpose of colors to contribute to an area rather than just to a single project. Note that this preamble recognizes the hierarchy in design and painting of a building by requiring a level of fagade detail that facilitates use of a variety of (yet complimentary) colors for the three different areas of a wall-base or primary wall, secondary portions of a wall, and the trim and "accent" areas. Aoolicabilitv The following text is proposed to Chapter 9. Section 4 (new criterion #5) so that this chapter and the new requirements are applicable to changes proposed to approved or existing project colors, for projects that are located along any of the three target roadways. This new criterion reads as follows: 5. When exterior paint colors are to be changed on an existing building located as described in Section l1.K.l (only Subsection 11.K applies to oroposed improvement unless profect also includes other modifications as described in this chapter). Changes as described in section l1.K.l shall be processed as a mafor or minor site plan modification, and in accordance with Section 11.K of this chapter. Page 4 of 6 This text also clarifies that other requirements of Chapter 9 such as roof top screening, would not apply to changes that only involve exterior colors. Color Standards This text represents the core of the proposed standards, defining the preferred colors or color groups to which the target roadway corridors are limited, and establishing the upper limit on color intensity (or saturation) as a quantifiable label defined by the Munsell Color Classification system, The proposed color groups and Munsell value and chroma limits can be adjusted based on preferences and consensus from the advisory boards and City Commission. The Munsell Color Classification system was established by the artist Albert H. Munsell in 1905, to provide a standard objective classification methodology that uses a rational numerical system rather than color names to describe different colors. This continues to be a system used by the U.S. National Bureau of Standards. This system is proposed for the city's color regulations to define the measurable threshold for acceptable color chroma or saturation (commonly referred to as "intensity". This system is based around, and further defined by three attributes of color: Hue, Value and Chroma, and each represented by numerical quality. This system will be further defined by staff as part of the presentations before the board and Commission; however, it is important to note that the maximum value and chroma qualities, established in the code, will be applied only when a compromise cannot be reached with the applicant using basic visual analysis of the proposed colors, against the general limits described in the code, It should also noted that the burden will be placed on the applicant, when staff initially determines that the proposed colors exceed the maximums, to obtain and provide to staff the actual nearest quality scores for the proposed colors from the Munsell classification system. The proposed standards read as follows: 1, Due to the hiah visibilitv of buildinas located alona Conaress Avenue, Bovnton Beach Boulevard and Federal Hiahwav. and particularlv aiven the intent of redevelopment plans to beautify and unify Federal Hiahwav and a seament of Bovnton Beach Boulevard. buildina colors for new projects. or existina projects proposed for minor or major modification, will be further reaulated bv the followina reauirements: a. Commercial/office/industrial projects. Base/main wall color will be liaht (hiah "value") colors limited to whites. aravs and beiaes. Atvpical buildina colors such as pumle. pink. blue. areen and teal, should be substituted with more common pastels or hue cateaories such as vellow or peach. Secondary colors will not cover areater than 25% of each *individual wall area. Secondary colors will be consistent with the wall color standards, or can be a moderatelv saturated wall color or a moderatelv saturated complimentarv color. Trim and accent colors may be the most saturated colors allowed. and are encouraaed to be complimentarv earth tones and/or pastels. The maanitude of saturation will be proportional to the saturation of the wall and secondary colors, If proposed colors are determined bv the Plannina & Zonina Director to be inconsistent with the intent of this section, applicant shall verify compliance usina the Munsell Color Classification System. with eiaht (8) beina the minimum value. and six (6) beina the maximum chroma. The maximum allowed difference in saturation between the base color and secondary color is three (3) whole increments. The applicant may be reauired to provide exact color notations from the Munsell Color Classification System. to confirm compliance with these standards. b. Residential projects (excludina one and two familv structures). Colors for residential projects are allowed to include a areater aamut of colors, to include whites. beiaes and other earth tones. consistent with paraaraph "K" of this section, with secondary. trim and accent colors consistent with paraaraph "a" of this section. Page 5 of 6 Note paragraph ''1'', defines the target roadways similar to how the target roadway corridors are identified in the preceding, existing subsection regarding overhead doors Paragraph "a" accomplishes the following: 1. Recognizes the importance of hierarchy In design and painting of a building by providing separate standards for the three or four different painting areas of a wall-base, secondary, and trim or accent; sets 25% as the maximum amount of space for secondary elements; and recognizes the benefit of compatible diversity through flexibility in using bolder (higher chroma) colors for trim and accent elements; 2. Establishes acceptable color groups (or "hues") for each area of the fayade. This therefore excludes from use as a base color certain color groups commonly known, for example, as the "historical palette", which tends to be darker, very saturated colors. "Light" colors are also known by the industry as "whites" or "white bases"; and 3. References the Munsell system as the standard, and sets thresholds for value and chroma as 8 and 6, respectively. Note that the two attributes are inversely proportional, as the higher the "value" the lighter the color, and the higher the "chroma" the bolder (brighter or more "saturated") the color Paragraph "b" accomplishes the following: 1. Excludes single and two family structures from the color regulations; and 2. Provides greater flexibility in color choices by allowing the selected "hues" (color families) that are excluded from paragraph "a" such as "earth tones" Minor/Maior Review Criteria Chapter 4. Site Plan Review, Section 9. Modification of approved site plan is proposed to be amended to provide the beneficial reference to the new color regulations within Chapter 9. in addition to requiring ~ repainting projects to be reviewed for conformance with the preamble of the color regulations. This is the most significant change other than those changes intended for properties along selected roadway corridors. While this would increase the review role over repainting projects, and prevent extremely undesirable colors, it would likely generate significantly more violations and enforcement activity due to lack of knowledge of the new regulations, or painting activities that would intentionally disregard new codes This text would read as follows, beginning with the section title Section 9. Modification of existinG improvements 3ppro'Iod sito plan A Minor: A non-impacting modification which will have no adverse effect on the approvod site and development fJJ.aR and no impact upon adjacent and nearby properties, and no adverse aesthetic impact when viewed from a public right-of-way as determined by the planning and zoning director. 5. Does the modification adversely affect the elevation design of the structure or reduce the overall design of the structure below the standards stated in the Community Design Plan. Does the modification propose to repaint a proiect usinG existinG colors, of which are inconsistent with c%r standards of section K. 1 of the Community DesiGn Plan, or propose to chanGe proiect colorrs) inconsistent with color standards of section K. 1. The proposed changes to the section title are unrelated to this color project, and intended to allow application of the major/minor modification review for current regulations against changes to any existing site, rather than implying that it applies only to modern day projects improved with a site plan currently on file. This would prevent interpretations that exempt older sites from being reviewed for site changes, or from automatically requiring them to undergo formal site plan review when in fact the proposed changes are "minor". This also prevents codes from discouraging desirable redevelopment and property improvements, by limiting the extent of regulations that are applicable to older, non- conforming properties, particularly when it is cost-prohibitive to be brought totally "up to code". Page 6 of 6 Appeals This proposed addition to Chapter 1. General Provisions, Article VIII. Appeals, provides the advisory boards with the responsibility to hear the appeals of administrative decisions leading from the review of paint colors for conformance with the new color regulations. This new paragraph "5" is consistent with feedback received from advisory boards during initial discussions, as summarized in the first paragraph of this report. 5. The Plannina & Development Board and Community Re- development Aaencv Board will hear and decide appeals of admin- istrative decisions or determination in the enforcement of maior/ minor site plan modifications involvina chanae in proiect colors. or compliance with other color requlations. Definitions The following definitions are to supplement existing definitions within Chapter 1, Article II, for the purpose of providing proper documentation for this topic that is new to city regulations. The proposed definitions are as follows: The Munsell Color Svstem, A commonlv used color measurement methodoloav usina a rational numerical classification system rather than color names to describe different colors. This system is based around. and further defined bv three attributes of color: Hue. Value and Chroma. and each represented bv numerical Qualitv. Hue. The basis of a color. also referred to as the color familv usina the primary and secondary colors. Value. The liahtness or darkness of a color, also known as the arav scale (0 = absolute black. 10 = theoretical white). Chroma, The intensity of a color, also referred to as its strenath or saturation. Saturation. The intensity. strenath or briahtness of a color, Baselwall color. The color used for those portions of the wall that represent the areater surface area compared to the remainder of the facade. Secondary color. The color used on smaller portions of a wall, or on larae trim areas of the facade. and should not exceed 25% of each individual wall. Trim and accent colors. These are buildina colors used on doors. around doors and windows, alona roof lines or other planes of the facade, or on features used for architectural enhancement or definition. CONCLUSIONS/RECOMMENDA TIONS Staff presents these recommend code amendments for consideration by the advisory boards and City Commission. As indicated above, the only aspect of these proposed regulations known by staff to be absent, which will still be formulated through collaboration with the City Attorney's Office, regard enforcement and penalties. Staff also acknowledges that the awareness and understanding of the business community is vital to the successful implementation of the ultimate regulations adopted by the Commission. 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"-oJ ~ bI} · o>o"OaJ . ~ M o.~ ~ aJ ='~~~~> '0 ro ,,~~< ~ ~.~ ~.s =E~~U~ fJ:J C'd ~ :' 0 ;::l d 0 ~ dJ;~ 'a:,'E~"OrFJ. aJ"O ~~:' >~o~~~ OaJ~Eo~ .s;JU"OOOCj~ ca~~] .s oaJOu :,0 fI!l ~ ~ "0 ~ ~j~"~~~ ~ 'El "~ Q) .~ S .2: ~ Cl ~ OJ) t.r) Q) ~ 0 Cl "E ~ ~ 0 ~ ~ N ~") S 0<3 ~ ~ OJ) ..9 ~ Q) .~ ;;> ~ Q) a Cl ~ -- eRA BOARD MEETING OF: November 9, 2010 I I Consent Agenda I I Old Business I X I New Business Legal I Executive Director's Report SUBJECT: Consideration of Salary Adjustment for Interim Executive Director SUMMARY: On September 14,2010, the CRA Board placed the former executive director on administrative leave and placed Vivian Brooks in position as the interim executive director. Subsequently, the Board voted not to renew the contract of the executive director. Ms. Brooks is requesting the Board consider a salary increase to cover the period in which she serves as the interim executive director. The Agency's position classifications and salary ranges has the position of executive director ranging from $94,000 to $140,000. The prior executive director's salary was $128,125 which is budgeted in the 2010/2011 Fiscal Year Budget. Ms. Brooks' salary as assistant director is $105,581. Ms. Brooks has been with the Agency since March 2005. She has been in the assistant director position since May of 2007. Ms. Brooks holds a B.A. in Political Science and a M.A. in Urban and Regional Planning from Florida Atlantic University. She has been working in the field of redevelopment for over 12 years. FISCAL IMPACT: To be determined. CRA PLAN, PROGRAM OR PROJECT: N/A RECOMMENDATIONS/OPTIONS: Provide direction to staff. ~,1~ Susan Harris Finance Director T:\AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS\Completed Agenda Item Request Forms by Meeting\FY 2010 - 2011 Board Meetings\11-9-10 meeting\IED Salary,doc POSITION CLASSIFICATIONS & SALARY RANGES POSITION Executive Director Assistant Director Development Director Small Business Development Specialist ~ ..< ;, . ":, >(,",~""{'~i'![+1'<.;.. ~~ Marketing & Public Relations Director Special Events Director Marketing & Events Assistant Finance Director Finance Assistant Administrative Services Manager Administrative Assistant (a) Status: F = Filled Position V = Vacant Funded VN = Vacant Unfunded I Status(a) II FLSA(b) I MINIMUM II MID-POINT II MAXIMlInll - V E $ 94,000 $ 116,000 $ 140,000 F E $ 78,000 $ 90,000 $ 110,000 F E $ 58,000 $ 74,000 $ 90,000 VN E $ 40,000 $ 55,000 $ 70,000 F E $ 55,000 $ 67,000 $ 84,000 F E $ 45,000 $ 64,000 $ 80,000 F N $ 30,000 $ 38,000 $ 46,000 F E $ 66,000 $ 80,000 $ 92,000 V N $ 45,000 $ 64,000 $ 80,000 F E $ 42,000 $ 56,000 $ 75,000 VN $ 30,000 $ 38,000 $ 46,000 (b) FLSA = Fair Labor Standard Act; E=Exempt; N=Non-exempt T:\HUMAN RESOURCES\Job Classifications\Organiation Chart-Salary Ranges - Approved by CRA Board 10-12-2010 1. Executive Director Salary & Benefits $ 140,000 Potential Uses 1, Increase for Interim Executive Director $ 22,544 Salary difference between Exec. Dir, & Asst. Dir.. FICA Taxes on Increase $ 2,456 $ 25,000 2, Trolley thru Nov. 12,2010 $ 52,824 Total $ 77,824 I Excess/Deficit $ 62,176 I Source of Funds 1, Executive Director Salary & Benefits $ 140,000 Potential Uses 1. Increase for Interim Executive Director 2.3% COLA adjustment for remaining staff 3. Trolley thru Nov. 12,2010 Sub-Total I Excess/Deficit (a) Represents following 7 positions: Finance Director Development Director Marketing Director Special Events Director Administrative Services Manager Finance Assistant Marketing & Events Assistant tJ. J ~ 4.-/ At p>ro v 'd G ~ t4: D()~ t11/i} 0 T:\F INANCE\01 FINANCIAL OPERA TIONSWearly Operations\Budget Files\201 0-2011 Budget Files\Budget - Potential Reallocations 10-25-2010 I~. ~~Y~Te~ eRA III East Side-West S"lde-Seas"lde Renaissance eRA BOARD MEETING OF: November 9, 2010 I Consent Agenda I I Old Business I X I New Business Legal I Executive Director's Report SUBJECT: Consideration of Resolution No.1 0-02 Amending the FY 10/11 CRA Budget in the Amount of $52,824 for Trolley Expenses. SUMMARY: The FY 2010-2011 CRA Budget was approved on September 27,2010. The trolley was not funded as part of the budget. At a subsequent meeting, the Board voted to extend the trolley service for four months. The Board discussed deferring repayment on the ILA for SE 4th Street in order to cover the four months of service. At the October 19, 2011 City Commission meeting, the Commission voted to not allow the CRA to defer the payment on the ILA thus eliminating the funding source for the four months of trolley service. Also, the Board's consideration at the November 3,2011 CRA meeting of a recent Advisory Legal Opinion issued on September 27, 2011 by Florida Attorney General, Bill McCollum to the City of Sanford CRA led to the Board decision to end the trolley service on November 12, 2011. FISCAL IMPACT: If approved, the Resolution will authorize the transfer of $52,824 from the General Fund line item 51230-100 to the Project Fund line item 58400-442. CRA PLAN, PROGRAM OR PROJECT: N/A RECOMMENDATIONS/OPTIONS: Approve Resolution 10-02 amending the CRA budget. ~/Y Vivian L. Brooks Interim Executive Director T:\AGENDAS. CONSENT AGENDAS. MONTHLY REPORTS\Completed Agenda Item Request Forms by Meeting\FY 2010 - 2011 Board Meetings\ 11-9-10 meeting\Budget Amend Reso..doc Trolley - Estimated Cost to Date - November 12,2010 Hours per Day Rate for 2010-2011 Daily Cost for Trolley # of Operating Days Operating Cost to November 12,2010 $ $ 24 71 1,704 31 52,824 $ Funding Source General Fund ED's Salary Line - $128,125 Budgeted Salary T:\OPERATIONS\Trolley\Trolley -Oct-Nov Est Costs RESOLUTION NO. 10-02 A RESOLUTION OF THE BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY, TO AMEND THE 2010-2011 BUDGET TO REFLECT TERMINATION OF THE TROLLEY PROGRAM EFFECTIVE NOVEMBER 12, 2010; PROVIDING FOR POLICY DETERMINATION REGARDING PROGRAM EXPENDITURES; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Boynton Beach Community Redevelopment Agency Board (hereafter "CRA") has adopted the fiscal 2010-2011 budget and does allow program changes as necessary; and WHEREAS, it is the objective to maintain accuracy of the budget document to reflect policy determinations of the Board as to the proper and legally defensible appropriation of funds authorized by the Community Redevelopment Plan.; and WHEREAS, the CRA Board has determined that the current trolley program is not a permissible program and cannot be funded by the CRA; and WHEREAS, the Director of Finance, based on the Board's policy determination has identified certain line item appropriations that require budget adjustments hereinafter reflected. NOW, THEREFORE, BE IT RESOL VED BY THE BOARD OF COMMISSIONERS OF THE BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY THAT: SECTION 1. The foregoing "WHEREAS" clauses are hereby ratified and confirmed as being true and correct and are hereby incorporated herein. SECTION 2, The CRA hereby re-appropriates $52,824.00 from the General Fund, line item 51230-100 to the Project Fund, line item 58400-442 as the sole source of funds to cover thirty-one days (October 1, 2010- November 12, 2010) of operating expenses for the trolley program.) The budget shall be notated to reflect termination of the trolley program and contract based on the Board's determination that the program is not authorized in the Redevelopment Plan and is not a permissible use of community redevelopment trust funds. No other expenditure of redevelopment trust funds is authorized to fund trolley service. A copy of the 2010-2011 amended budget is attached hereto as Exhibit "A". I The eRA Board authorized termination of the trolley service and phase out of services at a Special Meeting held November 3, 2010. SECTION 3. All resolutions or parts of resolutions in contlict herewIth arc hereby repealed to the extent of such conflict SECTION 4, If any clauses, sections, other part or application of thIS Resolution is held by any court of competent jurisdiction to be unconstitutional or invalid. in part or application. it shall not affect the validity of the remaining portions or applications of this Resolution. SECTION 5, This Resolution shall become effective immediately upon its passage and adoption. PASSED AND ADOPTED BY THE BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY BOARD, THIS 9TH DAY OF NOVEMBER, 2010, BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY By: Jose Rodriguez Chairperson Approved as to form: James Cherof CRA Attorney :1:8 N :1:..... w..- w"t 1-' _0 1-0 wM - 0 2~ w..... ZCO ::i1O _10 ...J 20 Zo Q~ 00 1-"- i="<i c(0 c(N _M _co 0:::Ll'i 0::: - I-- 0.1"- o.~ W 0 0 0::: 0::: C) 0. 0. 0. 0. C c( c( :::J ~ ~ m w w 2tR- ZtR- C 0 0 Z 0 0 ..... "<i :::J w N WN rn CO rn co. 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"0 a> "5 "0 a> .<:: U '" ~ a :!: "0 a; 0;:: 'C :;, <l: ~ <: 'C <: ii: 'E cll U 0;:: '2 ,2 C/) o Z :5 "~ t ~ a> cr Ii) ~ ci ;; N Il'i ~ li; .0 E a> > o Z '0 ~ a> a> :!: ~ ~ 6 ~ '" a> =E o '<: Il. ~ <: a> 0> :$ C/) Z o ~ UJ Il. 9 ~ - 'C :;, <l: o ~ a; o >- LL '0 <: ,2 'Q) 0. E o U <0 ~ SPONSOR HOSPITALITY AREA SATURDAY, DECEMBER 4 You are invited to join us in the exclusive Sponsor Hospitality Area, Enjoy an exciting evening of entertainment in style with a sumptuous VIP buffet and beverages, before and during the live concert featuring the always popular Brat Pack! Please remember to bring new, unwrapped toys for your Toys-for- Tots donation! SaturdaYI December 41 2010 6:30 - 10:00 p.m. Tree Lighting 6:30 p.m.; Concert 7:00 p.m. Ocean Avenue in front of the Schoolhouse Children/s Museum Due to limited space, this invitation extends to you and your guest(s) only and is non-transferable. Please no children under 12 years old. Reservations must be received by: 11/29/10 RSVP 561-737-3256 x 212 ~~R~2~RA iii EaSl Side....West Side-Seaside Remlsunce t~.!IL:'Ji '1 he Pahn Head 1 Po:;t rjll.iJ~~,J :'J..L .1., II ~ I a EXTRAVAGANZA SATURDAY, DECEMBER 4 f). 5:00 p.m. 40th Annual Holiday Parade North on Federal Hwy. from SE 12th to Ocean Ave. Boynton Beach Presents {1> 6:30 p.m. Lighting Ceremony Ocean Ave. between Seacrest Blvd and SE 1st St. {1> 7:00 p.m. FREE Concert featuring the National Show Choir Champions BBCHS Dimensional Harmony Choir and the popular 80's band BRAT PACK Ocean Ave. between Seacrest Blvd and SE 1st St. Food & beverages available. No pets. Ride the FREE shuttle - park at Bank of America on corner of E Ocean Ave and Federal Hwy, 6:00 - 11:00 p.m. Information Line: 561-742-6246 Website: www.boyntonbeachcra.com 1!~~~Y~2~ eRA MarooneO. :"~UlS iii East Sldc-WcstSidc-S""sidc Ren.is..ncc ""- ,CXll11Jl'I'lV -...-- I Ill' P,dlll HI .11 II Po"l . - Boynton Beach & Delray Beach Present ll!lflY~E'\'itRA . East SHJt...'i'.fnt Seft-5eutde ReaailW'CC" Friday, December 10 6:30 p.m. Parade begins at the Boynton Beach Inlet and proceeds south to the C-15 canal, south of Delray Beach Viewing area located throughout the parade route, and at BQynton Harbor Marina near Two Georges Waterfront Grille Parking available at First Financial Plaza, NE corner of Ocean Ave. and Federal Hwy. Food & Drink Vendors available No Pets Please! To enter your boat, call 737-3256 x 219. eft ~..I[[ M.rtne Industries A..od.t1on 0' ,,,,.. . I ... c: 94 (0 II "" " ... It BOY~ACH SEA~~:nJW -. -.- --- - -- - ....' .i CHAM.... OP COlMaM"C. '.. ,.,......,... Event Information: 742-6246 or visit www.boyntonbeachcra.com 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 expereince the true menaing of the holidays. All donations made prior to December 10, must be dropped off at one of the locations listed below: Community Redevelopment Agency - 915 S. Federal Highway Senior Center -1021 S Federal Highway Civic Center - 128 E Ocean Avenue Schoolhouse Children's Museum - 129 E. Ocean Avenue Chamber of Commerce - 1880 N. Congress Avenue #106 For more Information: 581-742-8248 or visit www.boynlon....chcr..com Lver,y Child Deserves a T o,y forthe Hoiida,ys!