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" ~_~~"diiiiit1 I!~t; ~,o ~ ,~<... ~'m~.__:f~; 1>' 1IaDI1- ~..lIImI bI~ "'lB. ~ ...,..,.0, . ~,- ~~ ~, "~'~"~,. _ U~A a~1B ~L~iR.....~~ ,..~ ~_,-' ~.J,... ,..__ -,w}~~_MlllB~ I ~i ~ ~ .... ~....... t '~ ~ .. .. .... 'i,.'~" ~.", .~, """", '~, ~~," ~-i,~ _,... " ~~ ~ ~ ~ ~ "_ iBJ'UIUfi' 1M... ~ III mimum!.. __ ~ mL -. ~ i~ IWII.1I ~ ,,<~.~._'" '~,..,.~ III ~~ II . '1tIm .'.~. 1fIIII'l t4t. ~ ~ II ~ ."...~ "111I11~s "-IIIIM gBlfld ..~ _~" ~ .!"'~.~fI~'~_ ~.. .,'~ :'.-: -:...,'.,=-...~ ,~_.- .- ~.~ :~~...~ ". I' ~~~~Y~T8t:RA . East Side-West Side-Seaside Renaissance CRA Board Meeting Tuesday, July 12,2011 at 6:30 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: V. Agenda Approval A. Additions, Deletions, Corrections to the Agenda B. Adoption of Agenda VI. Informational Items and Disclosures by Board Members: A. Disclosure of Conflicts for Items Presented to the CRA Board on Agenda Items B. Informational Announcements VII. Announcements & Awards: A. Ruth Jones Cottage Relocation Video B. 4th of July-Salute to Independence Slide Show VIII. Consent Agenda: A. Approval of Minutes - CRA Special Board Meeting May 17, 2011 B. Approval of Minutes - CRA Board Meeting June 14,2011 C. Approval of Period Ended June 30, 2011 Financial Report D. Monthly Purchases Orders E. Approval of $1,000 Donation to Bridges at Boynton /St. John Missionary Baptist Church 3rd Annual "Back-to-School Community Health & Resource Fair" F. Approval of Business Signage Grant to Hurricane Alley G. Approval of Interior Build-out Grant to Touch of Colors, Inc. IX. Pulled Consent Agenda Items: X. Information Only: A. CRA Policing Activity Reports B. Public Comment Log C. Letter to Congressman Ted Deutch.. RE: Post Office XI. Public Comments: (Note: comments are limited to 3 minutes in duration) XII. Old Business: A. Consideration of Employment Agreement for Executive Director B. Consideration of Youth Empowerment Center Neighborhood Cleanup Program C. Status of Board Direction to Potential Tenants of Jones and Magnuson Properties XIII. New Business: A. Consideration of Board Member Travel to Florida Redevelopment Association's (FRA) Annual Conference B. Consideration of Retaining Tax Valuation Specialist Consultant to Assist with Marina XIV. Executive Director's Report A. Project Status Update XV. Future Agenda Items: A. Renegotiate the Terms/Fees with the Palm Beach County Commission on Ethics B. Consideration of Options for VIP Area at Public Events (Tabled 4/12/11) C. Consideration of Recommending to City Commission the Time Certain Creation 01 an Independent eRA Board (Per Board direction to be done in Oct.) D. Consideration of Recommending to City Commission the Naming oflndependent CRA Board Members at the Time of Creation of Independent CRA Board (Tabled 4/12/11) 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 INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. (F.s.286.0105) 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 CONDUCTED BY THE CITY. PLEASE CONTACT THE CRA AT (561) 737-3256 AT LEAST TWENTY.FOUR HOURS PRIOR TO THE MEETING PROGRAM OR ACTIVITY rN ORDER FOR THE CRA TO REASONABL Y ACCOMMODATE YOUR REQUEST. ~~~<tY~Te~ C . East Side-West Side-Seaside Renaissance eRA BOARD MEETING OF: July 12,2011 l I Consent Agenda I Old Business New Business Public Hearing I X I Other SUBJECT: Video presentation of the Ruth Jones Cottage relocation. SUMMARY: At 10:00 a.m. on Tuesday, June 21,2011, the Ruth Jones Cottage, one of the oldest structures in Boynton Beach, was moved to its new location on the southwest corner of East Ocean Avenue and Southeast Fourth Street. The relocation and renovation of the historic cottage is a key building block in the CRA's redevelopment efforts ofthe downtown area. One minute video will be shown. FISCAL IMPACT: None CRA PLAN, PROGRAM OR PROJECT: Marketing Department's Budget: Photography, Videos and Promotions RECOMMENDA T ~ NS: Information only rlfs~ Margee Walsh, Marketing Director T:\AGENDAS. CONSENT AGENDAS. MONTHLY REPORTS\Completed Agenda Item Request Forms by Meeting\FY 2010 - 2011 Board Meetings\7-12-11 MeetingIVideo of Ruth Jones I~elocation.doc 1I!~~ctY~T2~ eRA iii East Side-West Side- Seaside Renaissance eRA BOARD MEETING OF: July 12,2011 I I Consent Agenda I Old Business New Business Public Hearing I X I Other SUBJECT: Recap - 4th of July - Salute to Independence 2011 SUMMARY: . We had a "perfect weather" 4th of July...finally. . 3,000 attendees came to celebrate and 2,000 flags were handed out. . The Amber Leigh Band put on an amazing show. . Attendees loved the Patriotic Salute with FD Honor Guard, Abigail Blake singing the National Anthem and comments by the CRA Board. . "Fireworks by Grucci" out did themselves this year with a spectacular musically choreographed display. . Food and beverage vendors were busy all night . Everyone was very thankful for a fabulous event! ! ! A short slide show will be presented. FISCAL IMPACT: NIA RECOMMENDATIONS: None Kathy Biscuit' Special Even Director G:\BiscuitiK\CRA Board\20 11 - 4th of July Recap.doc MINUTES OF THE SPECIAL COMMUNITY REDEVELOPMENT AGENCY BOARD MEETING HELD ON TUESDAY, MAY 17, 2011 AT 6:00 P.M. IN CITY COMMISSION CHAMBERS, CITY HALL, 100 E. BOYNTON BEACH BLVD., BOYNTON BEACH, FLORIDA PRESENT: Jose Rodriguez, Chair Bill Orlove, Vice Chair James "Buck" Buchanan Woodrow Hay Steve Holzman Mark Karageorge (Arrived at 6:26 p.rn.) Marlene Ross Vivian Brooks, Executive Director James Cherot, Board Attorney I. Call to Order - Chainnan Jose Rodriguez Chair Rodriguez called the meeting to order at 6:04 p.m. II. Pledge to the Flag and Invocation Chair Rodriguez offered the invocation and Vice Chair Orlove led the Pledge ot Allegiance to the Flag. III. Roll Call The Deputy City Clerk called the roll. All Board members were present IV. Legal Attorney Cherot had nothing to report. V. Agenda Approval/Disclosures A. Additions, Deletions, Corrections to the Agenda None B. Adoption of Agenda Motion Vice Chair Orlove moved to approve and Mr. Buchanan seconded the motion. The motion passed unanimously. 1 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, FL May 17, 2011 C. Disclosures Mr. Holzman was concerned about the type of disclosures that should be made. He understood since there were no presentations on the agenda, there would not be any disclosures. Ms. Brooks indicated the section would appear on every agenda going forward. There was clarification the disclosure should be on any communications with anybody that is engaged with the agenda. Attorney Cherof added, if the topic is on the agenda and it can reasonably be anticipated someone will speak to the issue and they have spoken to a Board member, the communication should be disclosed. The communication has to be with a registered lobbyist with the City of Boynton Beach. Mr. Buchanan interjected it was lobbyist, applicants and proposers. Mr. Holzman defined lobbyist as only those persons registered with the City. If an individual was paid to lobby, but was not registered, the contact would not have to be disclosed. The conservative approach, according to Attorney Cherof, would be to disclose anybody who the Board member feels has been paid to talk to a municipal official. The consequences of non-disclosure were discussed. Attorney Cherof advised it would be the appearance of an impropriety, and if it is a continuing type of behavior, it would be an act of misfeasance in office. The questions arose who would be responsible to report any violations and who would keep track of continuing violations. Attorney Cherof noted there was no rule in that circumstance. A disclosure requirement had been adopted without any means of enforcement. Mr. Buchanan agreed to address the issue at the next meeting. Mr. Holzman disclosed he did not know who was paid by who or who is not paid, so he disclosed he had spoken to people about certain items on the agenda. He did not know whether they were lobbyists and in some instances did not know their names. It was a full disclosure that he does talk to people in the community and they may be a lobbyist or not. To be in full compliance, Mr. Holzman disclosed he had spoken with every person listed in the yellow pages who lives in the City of Boynton Beach. Mr. Buchanan contended they should be named one-by-one. It was pointed out the process was new and the Board members should ease into the policy. Chair Rodriguez indicated he had spoken to the Executive Director on several items and the City Attorney. There were no other disclosures. VI. Informational Items by Board Members & eRA Attorney A. Information Announcements The City Hall spruce-up on Saturday was announced. Thanks were extended to the sponsors; the Solid Waste Authority, Frankie's Cafe, ACE Hardware and Rick Gonzalez 2 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, FL May 17, 2011 of REG Architects. The goal was to accomplish the interior parking area and if time and paint permitted, move along further. Multiple sessions may be necessary. There was a reminder that Friday was the last concert of the season. The Ocohee River Band was featured at the free concert on Ocean Avenue. A food and beverage vendor would be available. B. Disclosure of Contracts with Lobbyists/Applicants/Proposers to the Agenda (This item had been addressed.) VII. Old Business A. Discussion of Change Orders for Amphitheatre and Marina Entry Projects Ms. Brooks explained the item had been tabled at the May 10th meeting for staff to get verification from the Agency's design firm for the Marina project. The Agency has its own geotechnical engineer. There was a communication error between VHB (Vanasse Hangen Brustl;n, Inc.) and the geotechnical engineer of a design update that was not made available. It included the fence posts; therefore, the engineer was unable to make a recommendation for helical piers. After discussions, VHB agreed to absorb the cost of the change order. The amphitheater design did not include the engineer drawing for the canopy at the time of permitting. The drawings were such that a true price could not have been given without engineer drawings. When the wind load was determined, the actual footer requirements to maintain the canopy were available. Ms. Brooks felt it was a legitimate cost for the Agency and is not a CCD (Construction Change Directive) issued by an architect. Mr. Holzman hoped any time a change order was requested, the need for the change order and source of the disputed construction issue is investigated. Ms. Brooks agreed and offered the CRA was running four construction projects with only two members of staff involved. Delving into the required level of detail is time consuming and has not always been possible. Once staff traced back through the reports and plans to find the reason for the problem, there was a legitimate extra cost and the responsible party had to be found. Motion Mr. Buchanan moved to approve the Marina entry project that will be costed-out to the engineering firm. Mr. Hay seconded the motion. The motion passed unanimously. 3 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, FL May 17, 2011 In regards to the amphitheater change order, Bruce Cavossa, Vice President of Kaufman Lynn, Construction Manager, explained the bid for the foundation sizes of the awning had called for a sona tube, eight feet deep, with no reinforcing. A Florida registered structural engineer had to be hired to size the footings to accommodate wind loads. The piers are now five feet by five feet by five feet deep and initiated a change request by the subcontractor because the requirement differed from the bid. Mr. Cavossa issued the proposed change order to the subcontractor at his risk and the work was done at his risk. It was a clear change from the contract documents. There was also a question on the calculation of the fee for the proposed change order. Kaufman Lynn had calculated the fee per Article 16 of the Construction Management Contract that requires no fee to be more than 15% of the hard budget cost. There is a section in Article 7.3.7 that indicates the cost allowance for overhead and profit should not exceed a total of 15%, but it relates to Construction Change Directives. It is an AlA (American Institute of Architects) document issued by the architect and none have been issued. The change was required in the field to accommodate the design of the awning. Kaufman Lynn calculated the fee at 15% in concert with the contract. Attorney Cherof commented the provision in Section 18 indicates a fee not more than 15%, suggesting the fee can be lower and negotiated or discussed. The language in the Construction Change Directives section is the only place where changes in the work and fees are addressed with 10% for the subcontractor and 5% for the Construction Manager. Attorney Cherof did not feel the language indicates in all instances the Construction Manager is entitled to 15% on top of the change costs. Chair Rodriguez opined there were two challenges: first, should the fee to be passed on to Kaufman Lynn only be 5%; second, if Kaufman Lynn is entitled to the $5,880. He recalled as a Construction Manager at Risk, Kaufman Lynn would honor the price. The changes have begun and Mr. Cavossa admitted he assumed a risk in the field. Chair Rodriguez contended the contractor should have considered possible changes in submitting their bid. Ms. Ross referenced the letter from REG Architects indicating the charges were fair and reasonable and should be considered in the project. Chair Rodriguez did not feel the dollars was the issue as much as the responsibility to pay. He reiterated the City did not initiate a change order. (Mr. Karageorge arrived at 6:26 p.rn.) Mr. Hay felt any company using a permit drawing would have done the same thing as Kaufman Lynn due to the lack of an engineering drawing. The amount of $5,880 is insignificant in terms of the total cost. He supported the increase. Vice Chair Orlove agreed with Mr. Hay that it met the provisions in the contract with Kaufman Lynn. Chair Rodriguez clarified the cost of the change order is $5,880 from 4 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, FL May 17, 2011 the subcontractor. The 15% is Kaufman Lynn's commission on the $5,880. Attorney Cherof pointed out they should be getting 0 to 15% and it is negotiable. Staff recommended the amount of $5,369 which reflects a 5% commission should be paid. Mr. Cavossa contended the mark up was not the issue, rather the interpretation of the control. The base bid included provisions for foundations. The required change in the size of the foundations initiated the request for more money. The fee calculation is a non-issue. Consistency in the interpretation of the contract was the question. Attorney Cherof felt the cost should be included in the maximum guaranteed price that is broken down in the contract including the management fee which is $122,063. There are also several categories that could cover this cost, such as general requirements, site construction and concrete that would cover the additional footers. Attorney Cherof cautioned this is an ongoing project and interpretation of the contract at this stage could be critical if there is an additional charge for each and every change that arises. Mr. Hay opined it should be done on an individual basis. Attorney Cherof agreed with the threshold question, is it already incorporated in the guaranteed maximum price. It was clear there was going to be a canopy and the maximum guaranteed price should have included consideration of all variations that might develop during the term of the project. Attorney Cherof recommended the expense should be incorporated in the guaranteed maximum price and should not be approved as a change order. Ms. Brooks inquired if other Kaufman Lynn contracts with governments had change orders. Mr. Cavossa confirmed in most construction management at risk project, the project manager for the municipality is allowed to approve change orders up to a threshold prior to seeking city council approval. He stressed Kaufman Lynn stands behind the guaranteed maximum price and Mr. Kaufman clearly indicated he would not guarantee no change order associated with unforeseen or unknown conditions. Any other contractor would not make that agreement either. Motion Mr. Holzman moved to deny the request for a change at this time. Chair Rodriguez passed the gavel to Vice Chair Orlove and seconded the motion. Mr. Karageorge did not agree with the motion and noted REG had submitted a letter advising the engineering drawings were not specific. He stressed the Board had accountability for the dollars also and attempted to compromise the issue with an offer of 5%. Mr. Buchanan pointed out the City could not expect any contractor to foresee all construction changes that are not specific in the drawings. Both sides have to be reasonable and the CRA should be responsible for the cost of the change. 5 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, FL May17,2011 Chair Rodriguez stressed it was a contractual issue and Attorney Cherat had advised the contract does not require payment of the contingency. Mr. Holzman reiterated it was taxpayer dollars and stressed there was a guaranteed maximum price and Attorney Cheraf had urged inclusion ot the expense in that price. Ms. Ross pointed out it was a construction project and there are always unforeseen circumstances that do arise and it would be unfair and unreasonable to not acknowledge the situation. Attorney Cherof suggested the motion to deny the change order be done without prejudice so the contractor can revive the issue at the closure of the contract when the total contract price can be compared to the maximum guaranteed price. Motion Mr. Holzman amended his motion to deny with the option to revisit the item at the completion of this management-at-risk contract. Chair Rodriguez seconded the motion. The motion passed 5-2 (Mr. Karageorge and Ms. Ross dissenting). Mr. Cavossa indicated Kaufman Lynn would cover the contract remedies and negotiate the change order rate with the City Attorney. He offered to hold a construction manager-at-risk workshop to develop a better understanding. There are several ways to adjust the guaranteed maximum price outlined in the contract. B. Discussion of Options for Ruth Jones Cottage Ms. Brooks reported the movement and renovation ot the Ruth Jones Cottage cost $340,958 and with design fees paid prior to contracting with Kaufman Lynn and proposed impact facts, the total cost is $398,458. The contractor, Kaufman Lynn, estimated the cost to build a replica would be $451,060. Some figures are unknown such as the mover's ultimate cost. The history of the cottage reveals it is listed on the City's inventory of potential historic structures, It was built by Lucille and Otley Scott of the Lucille and Otley restaurant. It was later sold to Ruth Jones in 1946, who raised her family there until purchased by the CRA in 2007 as part of assemblage for a future parking lot for the redevelopment of the Old High School. The cottage is constructed almost entirely of Dade County Pine which is now extinct. The Pine is impervious to termites and water damage. Chair Rodriguez summarized that the site move to a new location would cost $398,458 to be completed in approximately eight weeks. A replica would cost $451,600 and take approximately six months to complete. The property cost $265,000 and another $6,500 for expenses would bring the total to date for the project at approximately $720,000. Mr. Karageorge wanted to clarify there were two separate issues. The purchase price had to be subtracted because the site was bought for parking. Chair Rodriguez contended it was irrelevant why the parcel was purchased; it was still taxpayer monies 6 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, FL May 17, 2011 that had been spent. Mr. Holzman agreed the money was gone. There was value to continuing the project and developing Ocean Avenue. Chair Rodriguez wanted to continue with the project and not deviate from the established plan. Motion Vice Chair Orlove made a motion to that affect. Mr. Holzman seconded the motion. The motion passed unanimously. C. Consideration of Approval of Funding Impact Fees in the amount of $23,000 for the Ruth Jones Cottage Project. Ms. Brooks requested a budget resolution of up to $23,000 for impact fees even though the Agency did not necessarily agree with the amount of the fees. The goal was to get the permit and hopefully get the fee reduced later. It is county road impact fee and Ms. Brooks felt there should be a credit for moving a structure off the site. Mr. Karageorge indicated the fee was extremely high based on the square footage. Ms. Brooks added, if the impact fee applies to the project, she would apply to the County for a waiver based on the 1996 Ordinance. Andrew Mack, Building Official, understood the fee was for water, sewer and road impact fees. Ms. Brooks pointed out the road impact fee is $22,000 because they included a paver area on the railroad tracks as a patio. Mr. Mack had spoken with REG Architects and a letter was sent requesting relief. It was granted. Ms. Brooks advised she would be seeking a credit of $5,000 for removing the structure from the area. Ms. Brooks outlined the money would be moved from the General Fund to the Project Fund. Mr. Buchanan surmised, jf approved, it would expedite the project and the money issues could be resolved later. Mr. Karageorge assumed the fee would not exceed the $23,000 and most likely be reduced by $5,000 to $6,000. Motion Mr. Buchanan moved to approve. Mr. Hay seconded the motion. The motion passed unanimously. VIII. Adjournment There being nothing further to come before the Board, Chair Rodriguez properly adjourned the meeting at 6:52 p.m. i:~~ Deputy City Clerk 7 MINUTES OF THE COMMUNITY REDEVELOPMENT AGENCY BOARD MEETING HELD ON TUESDAY, JUNE 14, 2011 AT 6:30 PM IN CITY COMMISSION CHAMBERS, CITY HALL, 100 E. BOYNTON BEACH BLVD., BOYNTON BEACH, FLORIDA PRESENT: Jose Rodriguez, Chair Bill Orlove, Vice Chair James "Buck" Buchanan Woodrow Hay Steve Holzman (arrived 7:20 p.m.) Mark Karageorge Marlene Ross Vivian Brooks. Executive Director James Cherot. Board Attorney I. Call to Order. Chairman Jose Rodriguez Chair Rodriguez called the meeting to order at 6:32 p.m. II. Pledge to the Flag and Invocation Mr. Karageorge gave the invocation and led the Pledge of Allegiance to the Flag. III. Roll Call The Recording Secretary called the roll. A quorum was present. IV. Legal: There were no legal issues to discuss. V. Agenda Approval/Disclosures: A. Additions, Deletions, Corrections to the Agenda Mr. Hay pulled Item VIII, Consent Agenda, Item D. Mr. Karageorge pulled Item VIII, Consent Agenda Items E and G for brief comment. Ms. Brooks pulled Item VIII. Consent Agenda Item A. Chair Rodriguez advised Mr. Holzman would be late and had requested moving Item XII, Old Business, Item A to the end of Old Business. 1 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, FL June 14, 2011 B. Adoption of Agenda Motion Mr. Karageorge moved to approve as amended including the request from Mr Holzman. Mr. Hay seconded the motion. The motion passed unanimously. VI. Infonnationalltems and Disclosures by Board Members: B. Disclosure of Conflicts for Items Presented to the CRA Board on Agenda Items (Heard out of order.) Mr. Karageorge disclosed he had served as a volunteer for Habitat for Humanity for the past several years; however, the relationship does not meet the legal definition of "conflict." Later in the meeting, Chair Rodriguez requested disclosures be listed first under VI. Informational Items and Disclosures from the Board. There were no objections to the request. A. Informational Announcements Mr. Hay announced he was very proud of the City because there were dead plants along the Seacrest Corridor project on the north end which were recently replaced and the area was beginning to look better. Additionally, the hedge in front of the marquee was trimmed and looked nice. He commended staff on a great job. Ms. Ross agreed with Mr. Hay's previous comments that Seacrest Avenue and the artwork looked great. She highlighted the public art along the corridor and thanked Ms. Coles-Dobay, the Public Art Administrator and the Arts Commission Chair for their efforts. Vice Chair Orlove announced he enjoyed participating in the "City Hall Spruce Up." The building looks better and he noted the Sea crest side would be addressed at a later date, He concurred with Ms. Ross' comments regarding the Sea crest beautification effort and that it was beautiful. He was anxious for the formal ribbon cutting ceremony. Mr. Karageorge attended the last CRA concert of the season and congratulated Kathy Biscuiti. Special Events Director, and staff on a great job. Additionally, he, Ms. Ross and Mr. Hay attended the ribbon cutting for the new Pathways to Prosperity building and commended their efforts in the community. He attended the evening session of the Galaxy ribbon-cutting event along with representatives of the School Board. Other Commissioners were present throughout the day. The project was a "Green" project, which was well received by the community. He also attended Mr. Hay's retirement from the School District and advised he had a wonderful evening. 2 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, FL June 14, 2011 VII. Announcements & Awards: A. 4th of July-Salute to Independence Kathy Biscuiti, Special Events Director, announced the 4th of July event would be held at Intracoastal Park. The park opens at 6 p.m. At 6:30 p.m., the Amber Leigh Band, a local favorite, will perform. At 7:30 p.m., the Patriotic Salute with the City Commission, Fire Honor Guard and a vocalist singing the National Anthem will take place. The Band would resume until 9 p.m. when Fireworks by Grucci would commence, choreographed to music. The event was a family event with food and drink vendors on site. No pets are allowed, and attendees should bring chairs and blankets. All were invited to attend. VIII. Consent Agenda: A, Approval of Minutes - CRA Board Meeting May 10, 2011 This item was pulled by Ms. Brooks. B. Approval of Period Ended May 31, 2011 Financial Report C. Monthly Purchases Over $10,000 D. Approval of Two Month Extension of Lease for CRA Office at 915 South Federal Highway This item was pulled by Mr. Hay. E. Approval of Interior Build-out Grant to Palm Orthopaedic Institute, Inc. This item was pulled by Mr. Karageorge. F. Approval of Rent Subsidy Grant to Palm Orthopaedic Institute, Inc. G. Approval of Commercial Fa~de Grant to Rainbow Colors, Inc. This item was pulled by Mr. Karageorge. H. Approval of Interior Build-out Grant to Rainbow Colors, Inc. IX. Pulled Consent Agenda Items: A. Approval of Minutes - eRA Board Meeting May 10, 2011 3 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, FL June 14, 2011 This item was pulled due to a correction on the letter sequencing. Items VII, Old Business, F, G, and H, should be Items E, F and G respectively. Motion Mr. Karageorge moved to approve. Ms. Ross seconded the motion_ The motion passed unanimously. D. Approval of Two-Month Extension of Lease for CRA Office at 915 South Federal Highway Mr. Hay questioned the need for the extension, what effect on the overall cost it would have, or if it had any impact. Vivian Brooks, Executive Director, explained the roof support system for the new office was not tied down and the back wall had no support. There were items found that were not anticipated and it was realized the plans had to be redesigned. The landlord opted for a more modern design. The redesign will not affect the cost to the CRA, which was set by the lease as the landlord was bearing all the costs for the exterior changes. The lease for their current office was extended due to the changes to the plans and having to resubmit them. Motion Mr. Hay moved to approve. Ms. Ross seconded the motion. The motion passed unanimously. E. Approval of Interior Build-out Grant to Palm Orthopaedic Institute, Inc. Mr. Karageorge thanked the applicant, who was present at the meeting, for bringing her business to the City. He inquired if the applicant planned to add additional employees, to which the applicant responded she was. Motion Mr. Karageorge moved to approve. Mr. Hay seconded the motion. The motion passed unanimously. G. Approval of Commercial Fayade Grant to Rainbow Colors, Inc. Mr. Karageorge thanked the applicant, who was also present at the meeting, for locating in Boynton Beach and commented it was a great asset to have the company in the industrial base. 4 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, FL June 14, 2011 Motion Mr. Karageorge moved to approve. Vice Chair OMove seconded the motion. The motion passed unanimously. X. Information Only: A. CRA Policing Activity Reports B. Public Comment Log C. Small Business Development Program Student Follow-up D. Press Releases and Media Coverage XI. Public Comments: (Note: comments are limited to 3 minutes in duration) Chair Rodriguez opened the public comments. No one came forward. XII. Old Business: A. Consideration of Design and Budget Options for Jones Cottage Tenant This item was discussed at the end of Old Business. B. Consideration of Design and Budget Options for Magnuson House Tenant Ms. Brooks explained staff was taking the lowest intensity of use, single-family home to the highest intensity, commercial use, to accommodate a full-service restaurant, with a full bar and 150 seats. The building, which was constructed in 1904, would be brought up to Code while still maintaining the historic feel of the building. The site plan focused on increasing the square footage to the rear of the building. It added room for a kitchen, two required handicapped restrooms, a deck on the east side for outside dining, and a bar area. It also added a porch to the front of the house, returning the dwelling to its original state. Three designs were created and the second design was selected because it provided for the needed seating and most efficient movement. The total cost estimate, based on the design, was $811,500. Ms. Brooks noted this was not put out to bid. Chair Rodriguez recalled the Board had discussed the project in the past and approved other downtown projects but this was not one of them. He assumed, because the Agency did not have the $811.000, it was in next year's budget. 5 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, FL June 14, 2011 Ms. Brooks responded it could be sooner and it depended on how they approached the project. The CRA owns the property and intended, at one time, to use it as an office. They would borrow money to make the renovations and have a mortgage because they would pay rent anyway if they leased an office elsewhere. If the Board wanted to pursue the project and make it financially feasible, staff could draft the plans, see what they could borrow, and have the tenant pay the debt service, which was anticipated to be about $2,600 a month. It was a low interest rate of 3%. It was assumed the property would not be highly taxed because the property is presently not highly taxed. If the Property Appraiser decided it was worth more, the tax would be added to the rental amount. Staff suggested creating an incubator program with the properties to assist in launching businesses and helping them to become established. The businesses participating in the incubator program would pay a service fee to operate at the premises. It may not be rent, per se, and the tax liability would be dramatically lower. The Community Redevelopment Agency would act as the incubator but Ms. Brooks preferred to have a more formal structure in the event staff had to protest the valuation. It was anticipated the Property Appraiser would value the property on its best use and assess the building at a commercial restaurant value. Chair Rodriguez was concerned the tenant only had $50,000 to contribute and about the tenant's viability from a capital and working capital perspective. He expressed they are important items to consider when the Community Redevelopment Agency has a large investment. Jordan Chussler, Principal with the Chussler Group, explained the $50,000 was the builder's contribution for kitchen equipment, finishings, walk-in coolers and other needed items. It did not list their operational costs, which he anticipated to be between $100,000 and $125,000. He did not know what should be provided by the tenant as it pertained to the buildout and the equipment. It was clarified the tenant had the $50,000 and another $125,000 to cover their operations through the first year as they had estimated rent would be about $20,000 per year. He commented they had originally anticipated the first year would be free rent. Mike Simon, Development Director, commented in the meetings prior to the Board selecting an operator, staff brought up lease discussions and provided several options. At that time, it was contemplated having the first one to three years as no rent and they would not have tax liabilities. The Chussler Group initially anticipated $1,200 to $1,500 a month rent, if they had to pay rent during the first year and used the best-case scenario if they did not receive a break in the startup costs. It was noted the tenant increased the sales volume of its current restaurant operation and enhanced its corporate standing by improving its operations. Discussion followed that Houston's, the tenant's other restaurant, is an established brand as opposed to opening a new restaurant. The Board wanted to ensure Ocean Avenue 6 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, FL June 14, 2011 was a success and only had a certain amount to invest. The $900.000 was a lot of money and would be a burden on the Community Redevelopment Agency; however, Mr. Chussler indicated he was willing to look at options and did not object to the Community Redevelopment Agency placing a lien on their equipment. Ms. Brooks sought direction so staff could bring back terms. She thought, as it pertained to cash flow, they should pursue getting the plan done because the Board wants an active use on Ocean Avenue. Even if the Board decided to have something else, there would still be a cost. In this instance, kitchen equipment was not the biggest part of the budget. Vice Chair Orlove was concerned about setting a precedent and commented there are other projects the CRA wanted to attract. He wanted the restaurant to succeed, but noted currently, the burden was on the CRA. Chair Rodriguez agreed the idea was for the tenant to increase his vesting in the project and for them to pay some portion of the debt service if the CRA had to get a loan. Discussion followed staff should enter into an agreement with the tenant for the property. Staff still needed to obtain plans for the building and Ms. Brooks explained staff could move the plan forward and work with the tenant concurrently to obtain the financials, marketing and business plans for them to carefully review. Staff did not want the business to fail. It was also suggested staff be given the authority to move forward with an appraisal once they have a drawing because the debt service will be based on the appraisal. The CRA will be putting in cash, the property has value now, and with the equipment and square footage, the dollars needed for the project would be close. Motion Mr. Buchanan made a motion to move forward with obtaining the plan so they could get an as-built appraisal and concurrently with the Group, staff proceed with further negotiations with them to include a financial plan to show they can sustain the requirements for a minimum of a year, a firm business plan, and a marketing plan. Mr. Hay seconded the motion. Vice Chair Orlove amended the motion to add staff to research whether they should do this as a small business incubator, which may lower the tax burden, those two options, and which was best for the Board to consider. Mr. Hay agreed to the amendment. Mr. Chussler indicated the second plan created was satisfactory. He had been meeting with Mr. Simon, who met with REG and Kaufman Lynn and was helpful in designing a plan. The $900,000 estimate was based on the input of all those parties regarding the design, layout, and other factors. Mr. Simon was fairly confident the amount needed was close to the estimate, but commented there may be savings. 7 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, FL June 14, 2011 Chair Rodriguez opened the public comment. Jolynn Slebonick, 625 Casa Lorna Boulevard, Marina Village, asked if the Oscar Magnuson House was supposed to be the new CRA headquarters. Chair Rodriguez responded it was originally purchased for that purpose and had been discussed a year ago. Ms. Slebonick found the real estate discussion difficult to digest. There were transportation cuts and the Board forgets about the people. Mr. Buchanan suggested if the discussions with the Group failed, to offer the project to other groups. Ms. Brooks clarified staff would bring it back to the Board in July and then make a recommendation to go out to the market. Vote The motion passed unanimously. C. Consideration of Reverting Project Approval to the eRA Board (Tabled April 12. 2011 ) Motion Mr. Hay moved to remove the item from the table. Mr. Buchanan seconded the motion. The motion passed. Ms. Brooks commented this item was on the agenda at the request of a Board member. At one point, the Board acted as the Planning and Development Board for projects within the Community Redevelopment Agency District. The rationale was the CRA has design guidelines and different incentive programs. ften a Direct Incentive Financing Agreement (DIFA) is associated with upgraded designs and such that the Board wants. At that time, the Board was an independent Board with two architects seated. When the Commission sat as the CRA Board, the project approval reverted back to the Planning and Development Board, which has no connection to or knowledge of a DIFA or any financial benefit associated to a project or design upgrade. Discussion turned to whether the CRA was a separate entity and Chair Rodriguez commented per Legal, the "Independent Board" label is not accurate and should not be used in documents. The Board serves at the discretion of, and is appointed by the City Commission. (Mr. Holzman arrived at 7:20 p.m.) Further discussion followed the CRA is a separate entity. Florida Statute 163 indicates there is a degree and level of independence and that was the basis of why the term was commonly used in the past. It was not to say the City Commission did not have any 8 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, FL June 14, 2011 leverage. Since Mr. Buchanan brought the item forward, he thought it was important to operate as a complete Board so developers know they are dealing with the CRA. He did not think the process should be split. Lengthy discussion ensued plans would still have to be approved by the City Commission. The Planning and Development Board was concerned with the entire City and, in the past, never looked at the economic side which pertained to incentives, Tax Increment Financing and other initiatives, until ordered to by the City Manager three months ago. When Walmart was in the works, the Planning and Development Board discussed aesthetics and design, not the economic side. Vice Chair Or/ove recalled requesting an Assisted Living Facility to change the color of the building. When it came before the Commission, they had a new color. He inquired at the Planning and Zoning level, if staff would be involved in the process, if a project was in the CRA district. Ms. Brooks responded they were. Accordingly, Vice Chair Orlove surmised it would not necessarily have to come to the Board. It added a layer. Ms. Brooks clarified since the members sit in dual capacities, it would not, but if the CRA was a citizen Board, it would. Chair Rodriguez commented there are two different functions and he supported the current process. Additionally, when Ms. Brooks assumed her duties as the Executive Director, she meets weekly with the City Manager and established a good line of communication. Mr. Buchanan differed and explained the current process added a layer because a developer has to go to Planning and Zoning and then come to the Community Redevelopment Agency for incentives. By bringing the review back to the Community Redevelopment Agency, one only has to go to the Community Redevelopment Agency and then the City Commission. A developer presently deals with three entities as opposed to two. He thought the Board should streamline the process and the function return to the CRA. If the process was changed, staff would review the projects and include them on the agenda. Ms. Brooks explained she is a planner and has reviewed prior projects as did Mr. Simon. Mr. Holzman opined there was not that much time for staff to review projects; however, Ms. Brooks explained some days are busier than others and staff could do the review. They do not look at it from the same perspective City staff does. They review it for consistency with CRA goals and guidelines or other financial incentives developers requested. Staff was not duplicating the work. City Staff does all the technical work. Chair Rodriguez requested a motion to deny the change. Motion Mr. Buchanan moved to implement the change. Mr. Hay seconded the motion. 9 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, FL June 14,2011 Chair Rodriguez opened the floor to public comment. No one came forward. ~ The motion passed 4 to 3. (Chair Rodriguez, Vice Chair Orlove and Mr. Holzman dissenting.) D. Budget Prioritization Discussion Ms. Brooks presented her policy recommendations to the Board, which were for the CRA to continue to move forward with capital projects, economic development and event projects that build on what staff was doing in the downtown area. Staff needed to create an identity and brand different from the adjacent municipalities that would attract people to Boynton Beach and projects such as the Amphitheater, the Jones Cottage and the Marina would help. Ms. Brooks reviewed the reduction in the CRA assessed valuations and the cuts they made to the general operating fund. As a result, staff was able to payoff some of the debt to the Related Group for part of the marina purchase. The Community Redevelopment Agency has a DIFA payment to make to the Promenade of $385,000, a small payment to Cornerstone, and may still have to make a payment to the Economic Development Regions grant. They have about $1 million to work with for projects, programs and special events. Ms. Brooks budgeted $213,000 for that issue which did not include $45,000 for fundraising. Staff developed a comprehensive list of individuals to approach to fund special events. Legal expenses, commercial facade and economic development grants needed to be funded. Staff wanted to continue to add elements to Ocean Avenue as well as lighting. Ocean Avenue was very dark at night and some type of artistic, fantastical, sea creature- type lighting was needed. Ms. Brooks felt the impact from the lighting would be amazing. The Community Redevelopment Agency constructed a road extension and Promenade Park by the water, which most of the public did not know about. An entry feature to the Marina would alert the public to those amenities. Development of the next phase of the marina was also planned. The dive shop area would be a green space with chairs, have a kiosk for tournaments, and areas to wait for the boats. Banners on Ocean Avenue from Seacrest into and throughout the Marina area would reinforce the area and brand it, signifying one was in a special place. Ms. Brooks commented some of the merchants were not sophisticated in their marketing efforts. Accordingly, staff was working with the Chamber of Commerce to develop a training program. As an incentive, existing merchants could receive training and funds to advertise as a reward for participating in the program. Most small businesses have no experience in marketing and most fail because of it. 10 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, FL The Community Redevelopment Agency had been paying for police enforcement because they had a high crime pocket in the District. Ms. Brooks noted they would receive police services anyway and did not recommend funding them again. It was more important for redevelopment efforts to focus on projects and events. June 14,2011 Once the downtown was successful, a Clean and Safe program similar to the one in Delray Beach would be implemented. Ms. Brooks noted when an area experiences much success with special events, people are needed to clean up afterwards. Vice Chair Orlove had suggested the bus bench and shelters project be something artistic. He received inspiration from the Arts Commission Visioning Workshop and the facilities could be usable and artistic. There were no benches or seats in the northern area and the program, if initiated, would be limited to commercial sites. It was also noted there were some areas on Federal Highway that did not have enough of an easement area to accommodate them. Messers Hay and Holzman also liked the concept. Mr. Karageorge suggested a business relocation program to pay a portion of moving expenses for companies coming into the CRA area be offered as an incentive program. The Savage Creatures of the Ancient Sea was a project considered about six years ago. It was a museum concept depicting the evolution of sea creatures from old days to the present. The concept died because of the economy and the cost. Mr. Buchanan commented he raised the issue because the consultant estimated it would bring over 680,000 people to Boynton Beach and would yield about $3 million per year from an investment of $30 million. It would take time to evaluate the program and further evaluate it as a private partnership to see if it would be a driver to the downtown. Ms. Brooks did not allocate any funds for it. The project was proposed as a partnership with a non-profit entity who was never identified, but it was thought National Geographic or a similar organization would be interested in the project. Although a study was done in the past, more research was needed to determine whether to make the investment and where it would go. Mr. Holzman suggesting using the facilities the CRA had and expanding them. He inquired if the CRA provided any funding for the Children's Schoolhouse Museum and Ms. Brooks responded they did not. Discussion ensued if there was interest in projects, they should be brought to the Board for discussion. Chair Rodriguez explained the members should decide what they want to budget for as it would make the budget workshops easier. Mr. Holzman thought Ms. Brooks picked out great projects and from a policy standpoint, he would not change anything on the budget. Mr. Hay noted there are lights on the east side of Seacrest Avenue but none on the west side. It was acknowledged the lack of lighting had to do with financing; however, he wanted to keep lighting the other side of the street in mind. He also agreed with moving 11 Meeting Minutes Community Redevelopment Agency Board ~nton Beach, FL June 14, 2011 in the direction of development, albeit at the expense of officers. He thought the Board owed it to the citizens to show they are proactive and doing something to draw people to the City. He supported the Executive Director's suggestions. Mr. Hay also relayed a conversation he had with people new to the City who expressed their disapproval about the lots on Seacrest and other roads that are unkempt. He suggested the Board focus on upkeep and maintenance to make the area attractive. The second couple was looking elsewhere because of the lack of maintenance. He thought the Board should find funds for a line item to keep the lots clean and maintain what the City has. In the past, the Board took those funds out. Discussion followed Code Compliance sites the landowner. When there was money available to clean the lots, the City would do so and charge the landowner for the cleaning. Without the money, it is a City issue and not a CRA issue. Ms. Brooks sought direction on specifics. She reiterated if the Board wanted to pursue a pure redevelopment budget and include economic development and capital improvement projects, they could not fund the Police. The Police contract requires the Agency to notify them by June 20 or the contract begins for the next year. If the desire of the Board was to not fund the Police, as City Commissioners, they would need to know it in order to address the City's budget. The amount needed to fund the Police was about $430,000 net of the $50,000 credit they received from the COPS grant received three years ago. The actual cost would be $480,000; however, the grant credit runs for another year, until 2012. Matt Immler, Police Chief, explained whether the officers were funded through the Community Redevelopment Agency or the City, they will have to be funded one way or the other. The grant committed the Police Department to maintaining 164 police officers of which five were dedicated Community Redevelopment Agency officers. The City Manager had requested all departments reduce budgets in some manner and contemplated five of the 164 officers would be paid for by the CRA. It would be problematic if the CRA decided not to fund the five officers because the City Commission would then have to find the money to do so. Chief Immler explained the COPs grant was used to protect jobs as opposed to adding positions. In the budget year this occurred, the City was considering laying off 12 police officers. Eight positions were supported through the grant. The requirement; however, is they had to maintain all the jobs. Mr. Holzman pointed out the goal is to redevelop the downtown and he suggested the Board decide if they want to have something developed for the officers to police_ 12 Meeting Minutes Community Redevelopment Agency Board Bornton Beach, FL June 14, 2011 Motion Mr. Holzman made a motion to strike the police from the upcoming CRA budget as suggested by the Executive Director. Mr. Holzman amended his motion to give notice the Community Redevelopment Agency is terminating the agreement. Mr. Karageorge seconded the motion. Discussion followed whether there was any chance to prioritize the concepts and fund the police. Ms. Brooks responded there was not. Chair Rodriguez noted the decision does not preclude the Board from allocating monies for police while terminating the agreement. Chief Immler commented there would be some offset by having dedicated officers. If there was an event, the officers would work the event instead of paying overtime if done during working hours. Chair Rodriguez opened the floor for public comment. No one come forward. Vote The motion passed unanimously, The next motion pertained to the supporting the Executive Director's direction with the proposal. Motion Mr. Karageorge so moved. Mr. Hay seconded the motion. The motion passed. E. Consideration of RFP Response for Ocean Breeze West RFQ/RFP Ms. Brooks explained a response to the RFP was received and reviewed. The respondent was Habitat for Humanity in partnership with the Boynton Beach Faith Based Community Development Corporation, which was a non-profit organization. The proposal and scoring matrix were included with the meeting materials. (Ms. Ross left the meeting at 8:12 p.m.) A representative from Habitat for Humanity was present and reviewed a PowerPoint presentation. He advised through a partnership with the CDC, they feel they can provide a mixed-income community that would benefit the Seacrest Avenue Corridor, and the low and moderate-income homeowners. He gave a brief overview of the organization's background. (Ms. Ross returned to the dais at 8:14 p.m.) 13 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, FL June 14, 2011 All 21 lots would be transferred to the Habitat for Humanity Land Trust. The lots would be leased and the homeowners would pay taxes on the improvements to the land, thereby providing a cost savings. A conceptual site plan was provided. Property maintenance would be included in the lease agreement with the land Trust, so property maintenance would be addressed in a manner similar to a Homeowners Association or gated community. The area also has three well systems so lawns would be watered by community wells, which would also be incorporated in the lease agreement. The community would intermix affordable housing and moderate housing so each home would have similar features and looks. Fifteen homes were designated as affordable and six homes were designated as falling within the 80% to 120% income range. Habitat for Humanity wanted to construct 11 homes and the COC would build 10. Homes and the streetscape would be designed to match the homes in the surrounding neighborhood. Keturah Joseph, Boynton Beach Faith Based COC, explained the COC has been in the community since 1999, and she gave a brief overview of its history programs. The COC would assist low to moderate-income individuals. She commented the community has always wanted a mixed-income community and this project provides the opportunity to do so. The collaboration with Habitat for Humanity provided support and opportunities for the community. The COC homes would be priced between $60 to $70 per square foot. If the pricing holds, a three bedroom, two bath, one car garage home would be priced between $120,000 and $125,000. A four bedroom, two bath, one car garage home would be priced between $130,000 and $135,000. Habitat for Humanity homes would have a $58 per square foot cost and would receive between $95,000 and $100,000 per home. They self-fund the home, carry the mortgage, hold it for 30 years and the homeowner reimburses Habitat for Humanity the cost of the home over the 30 years. The organization also selects the homeowner and has them in place before the home is completed. The process is directly through Habitat for Humanity and private funding. Since all of the lots would be transferred into the Habitat for Humanity land Trust, the Land Trust will create an MOU with the COC to build the homes. The MOU will spell out what Habitat and what the COC will do and the Community Redevelopment Agency will have an agreement with the Land Trust. If the pricing does not hold, the MOU will allow either entity, with notice, to be excused from the agreement and then the Community Redevelopment Agency can award the remaining entity the work or go out for another RFP and find another builder. The COC works with buyers to improve their credit and obtain a mortgage through a lender. The partnership would work because the COC services individuals who do not qualify for Habitat for Humanity homes. A low-income applicant could earn $42,000 for 14 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, FL June 14,2011 a family of four or less. Moderate-income applicants could earn between $54,000 to $60,000 or greater. Mr. Morris and the Sunny South developer was not used by the COC in the past. The COC advertised a request for builders and received one response, but the quote was out of line. Ms. Joseph then searched for builders and found Mr. Morris. She commented the builder has experience in affordable housing in other municipalities. Mr. Karageorge commented he did not see much residential building experience and it was explained the builder had worked for other developers but was now on his own. After brief discussion, there was agreement the developer still needed to be vetted by the COCo The Habitat homes would include six homes in the higher income category of up to 120% of the median income. The homes will be identical so one cannot distinguish which category of home is which. Habitat for Humanity builds their own homes. The COC will work with a contractor. Ms. Brooks explained it was not unusual for two organizations to torm an entity and she would bring back a development agreement with the entity laying out the items wanted by the Board. Motion Mr. Karageorge moved to proceed to develop a development agreement with the Executive Director, Ms. Joseph and Mr. Campbell. Ms. Brooks suggested the motion be to move forward with a developer's agreement which outlines the expectations and reverter clause in the event there is a failure to perform because they do not want to lose the land. She suggested they deed over the land as they have buyers, instead of all at once. Mr. Hay agreed with Mr. Karageorge and the understanding was the agreement would come back to the Board and seconded the motion. Vote The motion passed unanimously. F. Promenade OIFA Amendment At the last meeting, Attorney Cherat came up with an agreement to amend the existing OIFA agreement. The language is straightforward and was reviewed by the two entities. The change amended the language to add a clause to read at the option of the Community Redevelopment Agency following the termination of the Promenade Condominium. Both parties approved the language. 15 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, FL June 14, 2011 Chair Rodriguez opened the floor for public comment. No one came forward. Motion Mr. Hay moved to approve. Ms. Ross seconded the motion which unanimously passed. A. Consideration of Design and Budget Options for Jones Cottage Tenant This item had been moved to the end of Old Business. The concern the Board raised with the tenant for the Magnuson House, was they were not vested enough in the project. The Community Redevelopment Agency would spend $900,000 and the tenant would spend $50,000. The respondent was requested to vest himself to a higher degree in the form of paying rent and/or incubator fees and placing a lien on the equipment. The Executive Director would negotiate those terms .and bring it back to the Board. The applicant would also provide business and financial statements as well as a marketing plan. There was consideration of entering into a mortgage to implement the project because the Community Redevelopment Agency did not have enough funds for it. The policy issues for the Ruth Jones Cottage were the same as for the Magnuson House, which were how does one want to fund it and what information was wanted from the potential applicant. Chair Rodriguez explained the Board was reallocating dollars in order to implement the project. Sandra Gagne, the applicant explained her understanding at the time of application was that there were available monies for the build-out cost. She was providing some equipment such as ice machines, dishwashers and other main items. Between the licensing and inventory, she was facing a $60,000 investment to open her doors. She did not have additional funds to put towards the build out of the building. She would raise capital funds through investors. She anticipated other than the main items. she had the rest of the equipment. The $60,000 would be to support her for the first nine months. Vice Chair Orlove expressed the tenant for the Magnuson house was being asked to provide business, financial and marketing plans and was then asked to provide additional information. This applicant should as well. He thought due diligence or increasing their investment was appropriate. He was also unsure if the Board should remove a line item from the Heart of Boynton budget to subsidize these projects. Discussion followed verification of funds and equipment would occur. Ms. Gagne had requested rent abatement for the first year. She noted $1,300 was listed if the project would be handled as an incubator project. Her project was different. She has 800 square feet to accommodate the kitchen, restrooms and perhaps 20 seats inside. The patio would be 400 square feet, for a total of up to 42 seats mostly outside. If there were inclement weather, her business would be significantly impacted. She thought 16 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, FL June 14,2011 requesting one year of free rent to stabilize the business, determine her sales and what was affordable in rent was reasonable. She had proposed a successful restaurant business and to be successful, the owner needs to maintain the rent at 4% to 7% of the annual sales. Vice Chair Orlove recalled her establishment would also provide take-out. She planned to offer off-site catering which was drop off or pick up style, corporate-type catering. She wanted to sell merchandise, beer and wine packages to go along with cheese. This could help spark business where there is limited seating but she emphasized there is still only 800 square feet and there is still a limitation on how many sales could be generated in the space. Based on Ms. Gagne's experience, she thought the effort could be a successful experience but felt what was presented to her and what was now being asked were two separate items. What was advertised was there would be rent abatement and incentives for build-out and grant dollars. Ms. Gagne had a nearby restaurant, which she recently closed. Her prior restaurant had a lot of square footage. She conveyed her learning experience within the industry and noted she closed her restaurant when her lease was up. She did not want to operate on a month-to-month basis. Mr. Holzman commented the goal is to redevelop and the Board should do all it can to help the business be successful. They have to invest every dollar to make the business successful so others will come. This was step one. He emphasized the Agency exists to set someone up, not make money. He noted over the past year, five different restaurants attempted to become established on Ocean Avenue and they failed. He emphasized there was nothing there and the Board should be cognizant of the situation and make the investment. For the first year, the Board should be all in In an effort to fund the initiative, the Board reviewed its line items. The Economic Development and the Commercial Fac;:ade grants were two items that had remaining funds. The Board sought $50,000 from those line items; however, Chair Rodriguez inquired if a business sought one of those two grants, would they have to wait until next year. Ms. Brooks confirmed that was correct. She explained staff was aware some of the grant funding would be used for this purpose and commented she was comfortable with using the funds. Motion Mr. Buchanan made a motion that the Board should move forward with the project; they should use the incubator concept discussed earlier; negotiate with the entity, and provide a financial statement to ensure they could survive the first year and the incubator fee, as well as provide a detailed business and marketing plan. In this fashion, the Board could be comfortable investing their funds on a viable entity. 17 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, FL June 14, 2011 Mr. Karageorge expressed concern that the funding would be coming from the Heart of Boynton (HOB) to the project. Mr. Hay, as the representative of that district, was not comfortable with it. Staff clarified any funds left over could be transferred. There were also funds were left over from the Residential Improvement Program. There was $170,000 allocated to the HOB that was not planned to be used within the next three months and then the Agency would go into the next budget cycle. In the meanwhile, the cottage was being prepared to be moved. The interior was not built and staff did not have a formal design, only a conceptual design. This would take about six weeks. Mr. Holzman inquired about the timeline. He spoke about the economies of scale and inquired if the Community Redevelopment Agency would lose savings. Ms. Brooks responded they could, but there was no way to determine how much. Staff can still pursue the design. Mr. Holzman sought clarification that regardless of the tenant, the Board could go forward with design plans, continue to move forward with the process, and ask the tenant to come back. Ms. Brooks explained the concept was to address the items concurrently. Mr. Buchanan agreed to add the word "concurrent" to the motion. Chair Rodriguez expressed frustration that the project pricing was assumed to be all inclusive and now other funds were being expended which the eRA did not have. When the projects were approved, it was only for certain things and now more money was needed. Chair Rodriguez summarized the motion was to request of the anticipated tenant, financial and marketing information and a business plan, confirm they have the funds needed to sustain the business for a year. The Board would concurrently continue with the buildout plans and potential bids to keep the project moving along, irrespective of who the tenant is because they still needed to do the work and to include the incubator concept. Ms. Brooks agreed to try to have the information by the next meeting. Vote The motion passed 6-1 (Mr. Holzman dissenting.) XIII. New Business: None. XIV. Executive Director's Report A. Project Status Update 18 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, FL June 14, 2011 Motion Vice Chair Orlove moved to accept the Executive Directors report. Mr. Hay seconded the motion that passed unanimously. XV. Future Agenda Items: A. Renegotiate the Terms/Fees with the Palm Beach County Commission on Ethics B. Consideration of Options for VIP Area at Public Events (Tabled 4/12/11) C. Consideration of Recommending to City Commission the Time Certain Creation of an Independent CRA Board (Per Board direction to be done in Oct.) D. Consideration of Recommending to City Commission the Naming of Independent CRA Board Members at the Time of Creation of Independent CRA Board (Tabled 4/12/11) E. Consideration of Employment Agreement for Executive Director XVI. Adjournment There being no further business to discuss, Chair Rodriguez properly adjourned the meeting at 9:14 p.m. ~/}CL (lJuA,UL Catherine Cherry ! Recording Secretary 06161 J 19 ~~~<tY~Te~ C . East Side-West Side-Seaside Renaissance eRA BOARD MEETING OF: July 12.2011 [x I Consent Agenda I Old Business New Business Public Hearing Other I SUBJECT: MontWy Financial Report SUMMARY: MontWy budget report to the CRA Board representing the revenues and expenses for the month ending June 30, 2011. 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II 16~~ lfl II 0 ril 0 II (/) QE-< ... II "'< 1z1~ II I~ 0\ II ~ ro II 0 II - II ~ .... II II t! II II '" II 0 '" II ~E-< ro II ~ - II N II Sg lfl II 0\ II P:1Il II 0 '" II II II II (/) ~ H ~ fz1 (/) ~ ~ ~ fz1 E-< E-t H (/) " ~ fz1 ~ Iz1 ril (/) (/) (/) ~ ~~ rz1 ::> ~ r-- ~ N t!l ril ~ -.... N H H P: 0 (/)E-< ~ U ~ g rl t38 ~ rz1 rl ~I>: ~ ~ 0 ~ H (/) N ~J: rz. fz1 ~ I 0 PI(/) ~ P: ~ <'l ~~ fz1 ~ I :I: \0 rz1 E-< 0 t! Q 0 8 ~~~<tY~Te~ C . East Side-West Side-Seas.lde Renaissance eRA BOARD MEETING OF: July 12, 2011 I x I Consent Agenda I Old Business New Business Public Hearing Other I SUBJECT: Purchase Orders SUMMARY: No activity in June 2011 FISCAL IMPACT: None eRA PLAN, PROGRAM OR PROJECT: None RECOMMENDA TIONS: Approve the purchase order report. ~~ Susan Harris, Finance Director T:\AGENDAS. CONSENT AGENDAS. MONTHLY REPORTS\Completed Agenda nem Request Forms by MeetinglFY 201 0 - 2011 Board MeetingsI7-12-11 Meeting\Purchases Less Than $25.000.doc ~ ~ctY~T8~ Ie RA ill East Side-West Side-Seas',de Renaissance eRA BOARD MEETING OF: July 12,2011 I x I Consent Agenda I Old Business New Business I I Public Hearing Other SUBJECT: Consideration of Contribution to Bridges at Boynton and St. John Missionary Baptist Church for their 3rdAnnual "Back-to-School Community Health & Resource Fair" in the amount of$l,OOO. SUMMARY: Bridges at Boynton, in collaboration with St. John Missionary Baptist Church has requested that the eRA contribute $1,000 to their 3rd Annual "Back-to-School Community Health & Resource Fair" (see attached letter). The funds will be used for purchasing backpacks, school supplies and food. FISCAL IMPACT: $1,000 from General Fund 01-51010-203 CRA PLAN, PROGRAM OR PROJECT: Downtown Master Plan and Heart of Boynton Redevelopment Plan RECOMMENDATIONS: Provide direction to staff. C/[A4~ Vivian Brooks Executive Director l BRIDG~ at BOYNTON B~CH Conf1CK!ting FamiliQ!l. ~trQngthQning Communitio!: 223 NE 12th Avenue, Boynton Beach, FL 33435 (P) 561.736.l1l1 (F) 561.736.1170 June 22, 2011 Boynton Beach CRA 915 South Federal Highway Boynton Beach. FL 33435 Dear Board of Directors: Bridges at Boynton Beach, in collaboration with Saint John Missionary Baptist Church, will be hosting its 3rd Annual "Back-to-School Community Health & Resource Fair" on Saturday, August 6. 2011 from lOam to 2pm. In order to make this event a success. we need your support Last year we were able to service over 1100 participants and this year we plan to reach even more. There will be music, food, and activities for all to enjoy. We are enlisting providers that cater to the children. teens. adults and senior citizens of Boynton Beach. They will be present to help educate and inform the families about services and programs that could benefit them. The event will be held at 900 North Seacrest Boulevard. Boynton Beach. FL 33435. It is our goal to provide each school aged child a backpack filled with school supplies. Your office was able to assist us with a monetary donation last year and we would be greatly appreciative if you would be able to once again commit to a $1,000.00 donation (or whatever you can) toward the purchase of backpacks. school supplies and food. It takes all of us together to strengthen communities and make a difference in the lives of our youth. Let's show them that we care about their success. If you have any questions or concerns, please contact me at (561) 732-2377, Ext. 270 by phone and at "..bush((up2PPQ~()~g via e-mail, or you may contact Nayeli Martinez at (561) 736.1111 by phone and at 1l111arllns;J;{{~plp..nQt:..c~21J2 via e-mail Thank you, in advance, for your support. Sincerely. Kemberly Bush Executive Director Bridges at Boynton BeachlPathways to Prosperity ~., ...6h.11. issionary · Baptist Church II,~"~.~" .,,~ ..,..,,~""'. :C~~A:l'J ~ ~ a program of ~!~~\~SCouncil trptr1 t" ~, +- · .It j, , I ~ 8t BOYNTON B~CH IN COLLABORATION WITH SAINT JOHN MISSIONARY BAPTIST CHURCH EVANGELISM MINISTRY PRESENT Date: Saturday, August 6,2011 Time: 10:00 am to 2:00 pm Location: St. John Missionary Baptist Church Address: 900 N Seacrest Blvd Boynton Beach, FL 33435 c THE 3RD ANNUAL BACK-To-SCHOOL COMMUNITY HEALTH & RESOURCE FAIR Please Join Us For EREE: **BACKPACKS WITH SCHOOL SUPPLIES** Food. Entertainment. Games. Prizes FREE Services to be provided: STD & Pregnancy Testing. Healthcare Information. Nutrition Information · Physicals. Haircuts. AND Much, Much More!!! For more information, please contact Pathways to Prosperity at (561) 736-1111 r I . I I 116lm issionID Baptist CHurch ltJdiynt .~ ::P~~~t.- , a program of ttt;ildl'Bl's ServicEs Council ~'":'Ll~ . f '" C H co U H T Y Expect Succeu- 1I!~~~Y~Te~ eRA Ii East Side~ West Side~Seaside Renaissance eRA BOARD MEETING OF: July12,2011 I x I Consent Agenda I Old Business New Business I I Public Hearing I I Other SUBJECT: Consideration of Business Signage Grant to Hurricane Alley for signage on the property located 529 East Ocean Avenue, Boynton Beach, FL. SUMMARY: The Business Signage Improvement Grant reimburses 50% of the applicant's expenditures for eligible signage improvements up to a total of $1 ,500.00. Any unused grant funds will be released back into the program. FISCAL IMPACT: $915.00 from project fund line item: 02-58400-444 CRA PLAN, PROGRAM OR PROJECT: CRA Redevelopment Plan, Federal Highway Plan and Downtown Masterplan RECOMMENDATIONS: Approve the Business Signage Improvement Grant for $915.00 to Hurricane Alley for signage on the property located at 529 East Ocean A venue, Boynton Beach, FL Vivian Brooks Executive Director -""'. ~~~~Y~T8~ eRA iIIi East Side~ West Side~Seaside Renaissance 2010-2011 Boynton Beach Community Redevelopment Agency Business Signage Improvement Grant Program Guidelines & Agreement Pr02ram Re2Ulations 1. The Applicant agrees not to alter, renovate, or demolish the new sign for three years, commencing at the time final inspection by the CRA is completed, If violated by the applicant, the eRA may choose to require grant fund repayment. 2. The property owner, or tenant if applicable, must complete the sign age improvement project and submit for reimbursement within 90 days of the grant award. Failure to complete the project in a timely manner will result in the property owner, or tenant if applicable, losing the grant reimbursement opportunity. The Board may consider time extensions. 3. Maximum Grant amount: The CRA will provide, a 50% matching grant for eligible signage improvements up to a total of one thousand five hundred dollars ($1,500) ofCRA funds. Reimbursement Reeulations 1. This program is designed as a reimbursement grant. That is, all work must be done and paid for by the Applicant, prior to the CRA's funds being released. The CRA will provide reimbursement to the grantee upon submittal of a complete Reimbursement Request. 2. Reimbursement Request shall be summarized in a report and accompanied by proper documentation. Proper documentation will consist of; (1) Project accounting including invoices, receipts or other acceptable evidence of payment the licensed contractor(s) that have been marked "paid" signed by each. Proposals for "work to be completed" or "bids" are not considered proper documentation. Each item will be supported by a canceled check showing the face of the check, as well as the back of the canceled check; or credit card receipt (2) the Applicant shall warrant that all bills related to the Project are paid in full including, but not limited to, all contractors) subcontractors, labor, materials, related fees and pennits, and (3) the Application for re-imbursement shall provide a minimum of four 3"x5" color "during" photos and a minimum of four 3"x5" color "after" photos of the Project. Photos should be from approximately the same position as the "before" photos submitted in the AP~ L..--- ./ 3. Grant funds will be reimbursed exclusively for approved work, approved change orders and only for work that has been perfonned and paid for!fW: the Grant Application has been approved by the CRA Board. 4. Grantees may not submit signage improvements for reimbursement which have been used as reimbursement requests in any other grant program offered by the CRA, City, Palm Beach County or the State of Florida. The Business Signage Improvement Grant program will only honor new expenditures that have not been submitted under other grant programs. The Business Signage Improvement program may only be used one time in any three year period for anyone business entity or applicant. Property Owner(s) or Tenant (if applicable) may re- apply for additional grants any time after three (3) years from previous grant approval. 5. Grantees shall grant the eRA and/or the City of Boynton Beach the rights and use of photos and project application materials in promoting the program. SUBMISSION OF AN APPLICATION IS NOT A GUARNTEE OF FUNDING 13, ;)011 Date 6us(/'}~sr OUL~ Title Applicantffenant's Signature Date Printed Name Title STATE OF FLORIDA COUNTY OF PALM BEACH BEFORE M~ an officer duly authorized by law to administer oaths and take acknowledgements, personally appeared A rn be f"" I') A It. e. / It( , who is per~ally known to me or produced as identification, and acknowledged he/she executed the foregoing Agreement for the use and pwposes mentioned in it and that the instrument is hislher act and deed. IN WI~~E FORE67G. 1 have set my hand and official seal in the State and County aforesaid on this day of L4.-J. . 201 I . .=~ 8TATE OF ~ . ConlIIlIlEllJrlm · ~4I1112015 My Commission Expires: Lj/19/aO/)- 2 2010~201l Boynton Beach Community Redevelopment Agency Business Signage Improvement Grant Program Guidelines & Agreement SUBMISSION OF AN APPLICATIONfSNOT A OVAICH'FBllOF FUNDING ,// ~t ~ ;"/1 ate Title Property Owner's Signature Date Printed Name Title ~~~T~Ff!m /0 ~~ Q~ BEFORE MfI, an officer duly authorized by law to administer oaths and take acknowledgements, personal1y app~ed 1-/CJt..e/IT-'V C n,-!cl!.. -::;II , who is personally known to me or produced as identification, and acknowledged he/she executed the foregoing Agreement for the use and purposes mentioned in it and that the instrument is hislher act and deed. IN WITNESS OF THE FORE~, I have set my hand and official seal in the State and County aforesaid on this &l fI=:' day of .L. , 20 il. e:~~ NOTAR UC My Commission Expires: eaem.. t"'\!M'M NOTARY PtAII 8TA1EOIF~ . ~..... ...........5 3 ~1~<tY~T2~ eRA iIi East Side-West Side-Seaside Renaissance 2010-2011 Boynton Beach Community Redevelopment Agency BUSINESS SIGNAGE IMPROVEMENT GRANT PROGRAM APPLICATION FORM Maximum Grant Amount is $1,500.00 (Please Print or Type Only - Use Additional Sheets If Necessary) APPLICANT INFORMATION Name of Property ./ Owner: 1 tvv as -/lv-..tS . H-J-v( G .OL{ c/I(, Address of Property r r'" 0 11_ Owner: ..:J I( t:-. ( e-a.-n f'-JV e City/State: /Joy rtA-T)1 R~ ( C I Phone # Day: 901- 73;) - C; 30 ( Evening: r:e.g/J,.!-; I/e -I ---- Zip Code: ,'3,3 fL31 gl /' 37/~ J-1b! Legal description and PCN# of the property to be improved (please attach copy of warranty deed and lease, if applicable): BK 0/ f3 - tjf./ -' J-2 - 03 -- to/:; -- oj ;;-{) Name of Business: (If Different from Property Owner) 'c-~LlPILML flL{lf:~ ~ ~' {2~ Address of Business: ,5J1 e - 0 (lL~ :[; City/State: ~'t tn.fIn Be t<.~ Zip Code: 66 f2 ( Phone # Day: 5b / 3(0 'I, tj dO f Evening: db I ..- 717 - 3 if / / re~ Type of Business: 7, Maximum Grant amounts: The CRA will provide, on a reimbursement basis, a 50% matching grant for eligible signage improvements up to a total of one thousand five hundred dollars ($1,500) of CRA funds. Example: Total sign costs: $1,800,00 Applicant funds expended: $1,800.00 CRA reimbursement: $ 900,00 8, The Signage Improvement Grant program may only be used one time in any three (3) year period for anyone property owner, business entity or applicant. Businesses may re-apply for additional grants any time after three (3) years from previous grant approval. 9. The approved applicant must complete the signage project and submit for reimbursement within 90 days of the grant award. Failure to complete the signage improvements in a timely manner will result in the property owner, or tenant if applicable, losing the grant reimbursement opportunity. The Board may consider time extensions. 10. Disbursement of grant funds shall only occur if the following conditions are met: . CRA has received an applicant reimbursement request letter. . CRA has received copies of executed sign contracts, canceled checks (front and back); or credit card receipts as proof of payment. . CRA has received copies of final "paid in full" vendor/contractor invoices. . CRA has received copies of final inspection approvals for all permit required work. . Applicant provides four 3"x5" color uAfter" photos. APPLICATION PROCESS 1. An applicant seeking a project grant may secure an application from the Boynton Beach Community Redevelopment Agency (eRA) located at 915 S. Federal Highway, Boynton Beach. 561-737-3256, or online at www.boyntonbeachcra.com. 2. An original application with all materials is to be retumed to the Boynton Beach Community Redevelopment Agency for review and approval by the CRA Board. Applications will be considered on a first-come, first served basis. 3. Appropriate grant program documents will be prepared and submitted by the applicant. CRA staff will then present the completed grant application to the eRA Board for their review and approval. The CRA Board conducts their meetings on the second Tuesday of each month and the applicant will be notifted of grant approval by regular mall. Initials 3 Years of Operation: I~" 3f Annual Payroll: tj<o/ 6t'D Number of Employees: Number of Employees residing in Boynton Beach: d-O PROGRAM GUIDELINES The following guidelines are intended to inform a potential grant applicant of the extent and scope of the program. The purpose of the program is to encourage commercial property owners to upgrade their properties by improving the external appearance of their business and to encourage businesses to invest in their operations. The following guidelines are applicable to this program: 1. The program is available only for licensed businesses located within the Boynton Beach Community Redevelopment Agency (CRA) district boundaries. Note: See attached CRA Area Map. 2. The program is for commercial properties and businesses only. The property Owner or Tenant may be the applicant. However, if the applicant is the Tenant, then the Application and Agreement must be jointly executed by both the property Owner and the Tenant. 3. Applicants may not have any outstanding City of Boynton Beach liens against their property and their business license in good and current status with the City of Boynton Beach. In the event that an Applicant has an outstanding City of Boynton Beach lien against the property, the grant will not be awarded until the complete satisfaction of the lien. 4. Eligible signage improvements for this program include: . Signage for a new business (located on the building or the property) . New or replacement signage for an existing business (located on the building or the property) . Slgnage on Awnings/canopies . Associated lighting 5. All work must be in compliance with applicable Boynton Beach Building Codes and all contractors must be licensed in Boynton Beach/Palm Beach County. Signage must be in accordance with City Ordinance No. 98-43 and the CRA Design Guidelines (attached). 6. Proposed signage and applicable improvements must be approved by the eRA Board Drior to the actual work being performed or paid for in full in order to be eligible for reimbursement under the grant. InltialfP 2 4. The eRA will administer the Business Signage Improvement program and funding. In addition to the appropriate City building inspections. the CRA will inspect the work to determine the satisfactory completion of the work. 5. Applicant shall obtain, read and understand all aspects of the Business Signage Improvement Grant Program Agreement, including Program and Reimbursement Regulations. 6. Proposed signage must be designed in accordance with the Urban Design Guidelines (attached). 7. Application to this Program is no guarantee of funding. Funding is at the sole discretion of the eRA Board. REQUIRED PROJECT INFORMATION Submit the fol/owing required items along with the Application: . Project work write-up(s} describing in detail the scope of the project, . Plans or sketches of proposed signage and location including color samples and material specifications, . Third-party cost estimates from a minimum of two (2) licensed contractors. . Estimated project time line, . Evidence of financial ability to pay for the project (approved loan, cash account, line of credit, etc.). . A minimum of four 3" x 5" color "before" photos of the project which must include all "public views", By signing this Application, I aCknowledge that the information provide is true and accurate. I acknowledge that I have received, read and executed a copy of the Program Agreement and I agree to comply with its content. SlI...IIClNGF AfilAf'p4.JeNR8Ni'."....A......'..',...ING ( ~II ~w nC-{C- Title 4 ~~lt'&n~ k5 m .b..r {., B Kd/~ Printed Name I / L~..VU d3, /01/ F Date o Wflt-rt.- Title STATE OF FLORIDA COUNTY OF PALM BEACH BEFORE ME. an officer duly authori~~d by law to acknowledgements, personally appeared L. /, who is personally known to me or produced as identification:- and acknowledged he/she executed the foregoing Agreement for the use and purposes mentioned in it and that the instrument is his/her act and deed. IN WITNESS OF THE FOREGOING, I have set y hand and official seal in the State and County aforesaid on this ~ ~rsv day of , 20LL. .CHERYL MACCMAK NOTARY PUBUC STATE OF FLORIDA . . CommI 1tt816 My Commission Expires: y II q I;;J..D I~ ;2 ~ ~~~T;il~~e(:J(l, Property Owner's Signature Date N/1r Printed Name Title ~6~~~6fg;%. A~~ h BEFORE ME, an officer duly authorized by law to administer oaths and take acknowledgements, personally appeared ~6f/\.1 c.. D(/!:::Ie... rrr who is personally known to me or produced ' as identification:- and acknowledged he/she executed the foregoing Agreement for the use and 5 purposes mentioned in it and that the instrument is his/her act and deed. IN WITNESS OF THE F039J3lNG. I have s~nd and official seal in. the State and County aforesaid on this day of ... I 20.l....!.- ~lt/1!(~ NO AR7PUBLlC ~ My Commission Expires: .=="* ITATEOF~ QaIIIIIf EE07I411 ___411912015 6 FA5fS/GNS. Sign & Graphic Solutions Made Simple. FASTSIGNS 2001 10th Avenue N, Ste 2 lake Worth, Fl 33461 ph: 561-439-4700 fax: 561-966-1527 Email: 89@fastsigns.com Customer: HURRICANE ALLEY RESTAURANT AND RAW BAR Contact: KIM KEllY Customer: 9757 Description: wall letters Sales Person: Ken Baxter Clerk: Ken Baxter Dear KIM: It is always a pleasure to talk with you again and I look f0fW8rd to serving your current needs. The estimate we discussed follows. If you have any questions. I can be reached at 561-439-4700. Page 1 of 1 Estimate 89-18603 Estimate Date: 2/412011 4:31 :31PM Printed: 612412011 4:12:04PM ph: (561) 364-4008 fax: (561) 364-7426 email: KlMALlEY529@COMCAST.NET Sincerely, Ken Baxter o Product Qty I Sldesl Size 1 DIMENSIONAL LETTERS 1 1 1 x 1 Description: 112" routed PVC letters, custom painted in faux wood grain appearance showing two seperate versions of letters price includes permit and installation Color: VVhite Text: Hurricane Alley Wall letters Unit Cost I $2,145.00 I Totals I $2.145.00 Notes: Line Item Total: Tax Exempt Amt Subtotal: Taxes: Total: $2,145.00 $450.00 $2,145.00 $101.70 $2,246.70 Deposit Required: $1,123.35 Bill To: HURRICANE ALLEY RESTAURANT AND R KIM KELLY 529 EAST OCEAN AVENUE BOYTNON BEACH, FL 33435 Payment due upon completion of order. Received/Accepted By: I I SYSTEMlFASTSIGNS_CRYSTAl._EstlmablO1 Sign & Graphic Solutions ...de Simple Premier Sign" ('0 Graphix 20855 NE 16 Ave. Suite C-39 Miami, FL 33179 T 305-999-0937 F 305-999-0239 http://www.premiersng.com Invoice ~ Hurricane Alley 529 East Ocean Ave. Boynton Beach, FL 33435 Manufacture 1/4" Maroon acrylic cut letters stud mounted on wall. Copy to read: "HURRICANE AllEY" (10"); "RAW BAR & RESTAURANT" (5") 1 731.00 731.00T labor install for entire projects 544.00 544.00 Sealed engineering drawings & staff time to obtain permit and inspections for all project 500.00 500.00 A deposit of 50% required on all jobs. Deposit IS not refundable. Balance due immediately upon Subtotal completion of installation. Permit, engineering, staff time, time clock /if required) will be billed as extra. All orders delivered or installed in Florida are subject to Florida sales tax. Sales Tax (6.5%) These prices are valid for 30 Days. Acceptance 01 the above contract. schedule and terms are satisfactory and hereby accepted and agreed upon a lease agreement until the balance is paid Total in full. The warrant does not cover dama es caused b acts of God $1,775.00 $47.52 $1,822.52 CUSTOMER ACCEPTANCE SIGNATURE DATE: ~, BUILDltNG El:EVATlQN "*,.. .,-6',~ ,..,~~~~Jt.:-' ~ , .......... f' '-"'" ,,-... ... f ~~ ~ ~::pi 0 11I..._ i ~ 0 ~;~.. 'a ...~,,~~ '< i~q-~~'T ~ ;tc....g...u:a ~11;:~J :z ~... ZD}" (\:i ",'::C.\lt, Z ~l\.~~ 0 ~ ~ ~l" ~ ~ ,.. ~ g.. n ~ c , = ClI ~IH @ ~ i~. 8>cl~ ~5>UI m 01_ ~(jlS:~~ >o-<rnz ~zg::Q o;:g;-l~-I -Ioo:=!;;!; OIC'lCOUl rnfTlrnzo ~UI rn7\l o~clo> ~n,,::;;; >07\l>z n5Ziil~ C'l7\l:=!7\l-< CUlZ>o ~oQr-c iiliJi>~> . "~UlQ S:"N(,'l ~;::;mfTl ofTl n 0 UI c: > .s; \1\ ~ :s g " 3 ~ ... c: l\ ~ .. Z l>> 3 ~ ODD > > " " " " 7\l ~ o rii ~ 0 > (]l z o iil o " <II ~ (;) .... Z ),. 0 - m <:J" .... ~ ~ g <II m ~ .. III 01 2- s:.. 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",r-> r- ~o~ -m:u -0 C"'m 9 oo-or- m n,,- --0 ~ o;=z m :uZz zr-V\ :u m"'Gl r- f"mm D:E> r- o~ P=ir- 1 :Em ::I:c =i~ ....3: -- ::I:~ ""z 'c 0 3: 1_____ r m _~lD~ ..>~ t~5..gl!:~ 1:!il!:;J:;:mc: ~)>O....;llD;;:fll i!3O~O"'d ... : I ~ I Usz 3 ~.. "l~ -. . llllol.", I\) 3 g;V;.",. :1~ nJr:~ ~Ul ~ Sfa~~ a~' S ~!:I;;j.-g.;j -3 O""\Il ,x- li! " uU~1ge~;!!!i~ ~h~~~;;l515d~';; ~!~~dhh@l:1 ;!~~:!l~I:I~!ilo~~!!!~ ~eU~hi;an~ !!a;!~~ii,;~~~ ~~~io~h~i!;IJ;1! lJ~il mihlil\1:f: :Sl;~i:l~!ii ;;;!l~~!1Il elf&~Z~ ;;lUd~ 6 U~8~h~!aa ~ . <I\1~ ~"/l~l:5 )0 (J) z o -i m o " ... l\ II1I~ctY~Te~ eRA . East Side-West Side-Seas.lde Renaissance eRA BOARD MEETING OF: July 12, 2011 I x I Consent Agenda I I Old Business I I New Business Legal Other SUBJECT: Consideration of Commercial Interior Build-out Grant to Touch of Colors, Inc. SUMMARY: Touch of Colors, Inc. is a business relocating from Loxahatchee, FL to 630 Industrial A venue-Unit #4. Touch of Colors, Inc. offers a wide variety of services primarily focused on interior/exterior residential and commercial painting. Other services include drywall plastering, acoustical ceilings and pressure washing. By offering related services it minimizes employing a variety of contractors. FISCAL IMPACT: Project Fund Line Item 02-58400 CRA PLAN, PROGRAM OR PROJECT: 2008 CRA Economic Development Plan RECOMMENDA TIONS: Approve a Commercial Interior Build-out Grant for Touch of Colors, Inc. not to exceed $14,000 (remaining balance for economic development grants). ~~~ Executive Director r -, ~. ~<tY~T8~ eRA iIIi East Side-West SIde-Seaside Renaissance 2010/2011 Boynton Beach Community Redevelopment Agency Commercial Interior Build-out Assistance Program Guidelines The Commercial Interior Build~out Assistance Program is designed to help facilitate the establishment of new businesses and aide in the expansion of existing businesses within the CRA district. The program is designed to provide financial assistance to new and existing businesses in the form of a subsidy intended to reduce a business's initial costs associated with the construction and interior finishing of a new or expanding location. Applicants may be eligible for up to $15,000 to assist with the cost of commercial interior construction or renovations. The amount of funding is determined by the number of jobs created by the applicant Each full-time equivalent job created is worth $5,000.00 in funding assistance from the CRA with a maximum grant award of $ J 5,000. Businesses applying for financial assistance with the cost of interior build out must receive City of Boynton Beach Development Department and Building Department building permit approval. Proaram The Commercial Interior Build-out Program offers financial assistance in the fonn of a reimbursable grant to the landlord or business owner for eligible expenses associated with the construction or renovation of the interior elements of the operating space. Items eligible for funding under the program are limited to: 1 . Interior walls 2. Interior plumbing 3. Interior electrical system including lighting 4. HV AC system 5. Flooring The Commercial Interior Build-out Program funding may be budgeted annually and awarded on a first- come, first-served basis. All applications are subject to CRA Board approval. Making application to the program is not a guarantee of funding. Ellcnbllitv Reauirements Applicants must meet all of the following requirements in order to be considered eligible to receive grant funding under the Commercial Interior Build-out Program: l. The business must be located within the eRA District's Central Business Core, Federal Highway Corridor or Heart of Boynton areas (see attached map). Injtial~ Page I of5 T;\PROGRAMS & GRANTS\CommerciaJ Interior Build.out Assistance Pl1Igram\Web fOl1l1a' J>rosram Guidelines & Applicalion\FY 2010.201 1 \Revised 10-1-10 Interior Build-out Assislance Progmn Guldelines.doc 2. The business must be properly licensed to operate within the City of Boynton Beach and Palm Beach County. 3. A new business venture is defined as a company in operation for less than six months. 4. An existing business is defined as being in operation for a minimum of three years at the time of application. 5. An existing business must expand to occupy more than fifty percent (50%) of its current square footage size. Verification of this threshold must be provided in the application package. 6. Applicant must own the building it plans to operate within or it must have a proposed or executed multi-year lease (two year minimum). 7. Businesses must employ a minimum of two (2) full-time equivalent W-2 employees or 1099 contracted employees whose wages are reported to the state and federal government; a position occupied by the business owner may count toward one of the required job positions. The following businesses will be considered automatically ineligible for assistance under the Commercial Interior Build-out Program: a. Businesses that employ less than two full-time equivalent W -2 employees or 1099 contracted employees. b. Businesses who do not report employee's wages to the State of Florida Department of Revenue. c, New businesses identified as a "convenience store" or "adult entertainment" use. d. New businesses using a D/B/A that has been used by another business within the past twelve (12) months. Grant Terms and Conditions A commercial lease must define the landlord-tenant relationship and at minimum provide the following information: · A description of the spaoe being rented including square footage and a drawing of the space. · Description of utilities that the tenant is responsible for. · Rental rate and deposits along with terms of lease and methodology for future rent increases. · Responsible party for interior and exterior repairs and/or improvements. · Insurance requirements. mmti~ Page 2 ofS T:\PRQGRAMS It GRANTS~ereiaJ Jntr:rior Build-oul Assislance J'rotp'Im\Web format Progmm Guidelines & AppladOll\FY 2010-201 J\Revisc:d 1 0-1-10 Interior BuiId-<<lt AssilllnCe PJoaIam GuideJinf$.doe . Ability to terminate. . Consequences of default on the lease. The CRA reserves the right to approve or deny any Commercial Interior Build-out Program application and to discontinue payments at any time if in its sole and absolute discretion it determines that the business will not further the goals and objectives established for the economic development of the eRA District. Procedures for ADDlication and ADDroval Application Process - All applicants are strongly encouraged to meet with eRA staff in order to determine eligtbility before submitting an application. Funding requests will not be considered until all required docwnentation is submitted to the eRA office, Application packets must include the follOWing documentation: . Completed and signed application, · Copy of all business and occupational licenses, . Copy of the corporate documents for the applying business entity. . Copy of executed multi-year commercial lease agreement. . Landlord SSN or Tax ID. . Business plan. including executive summary and three-year financial projections of revenues and expenses. . Two (2) years of audited financials and corporate tax returns (for existing businesses only). . Two (2) years of tax returns for the owners of a new business. . Qualifications. experience and track records of business owners. . Copy of design and construction plans associated with the proposed improvements. . List of jobs to be created and filled including job desaiptions. pay range and weekly schedule. For existing businesses. provide a list of all current positions including job descriptions, pay range and weekly schedule. Approval of Funding Request - Once eligibility is verified and all required documentation has been submitted, CRA staff will present the funding request to the CRA Board for approval. The eRA Board meets on the second Tuesday of each month and staff will notify the applicant and landlord of approval or denial in writing. Jnitia~ Page 3 ofS T:\PROGRAMS & GRANTS\Commerciallntllrior Build-out Assislance Propm\Web formal ProJl'8l1l Guidelines &. Application\fY 2010.201 )\Revised 10-1-] 0 lntllrior Build-out AnistlnCe Program Guidelines.doc Site Visits - eRA staff will conduct a site visit before the reimbursement payment is made in order to verifY that the business is in operation. Staff may also conduct unannounced site visits periodically in order to ensure compliance with the terms of the grant agreement. Expense Reimbursement . This program is designed as a reimbursement grant. That is, all work must be done and paid for by the Applicant, prior to the CRA's funds being released. The CRA wiIJ provide reimbursement to the grantee upon submittal of a complete Reimbursement Request package. The property owner, or tenant if applicable, must complete the interior improvement project, obtain a Certificate of Occupancy (CO) from the City of Boynton Beach and submit for reimbursement within 180 days of the grant award. Failure to complete the improvements within the specified timeftame will result in the property owner, or tenant if applicable, losing the grant reimbursement opportunity. The Board may consider time extensions, Reimbursement Request shall be summarized in a report and accompanied by proper documentation. Proper documentation will consist of: (l) Project accounting including invoices, receipts or other acceptable evidence of payment from suppliers and licensed contractor(s) that have been marked "paid" with a "release of lien" signed by each. Proposals for "work to be completed" or "bids" are not considered proper docwnentation. Each item will be supported by a canceled check showing the face of the check, as well as the back of the canceled check, (2) Applicant shall warrant that all bills related to the Project are paid in full including, but not limited to, all contractors, subcontracts, labor, materials, related fees and pennits, and (3) Application for reimbursement shall provide a minimum of four 3"x5" color "during" photos and a minimum of four 3"x5" color "after" photos of the Project. Photos should be from approximately the same position as the '''efore" photos submitted in the Application and the "during" photos. Grant funds win be reimbursed exclusively for approved work, approved change orders and only for work that has been perfonned and paid for after the grantee has received notification that the Grant Application has been approved by the eRA. Any work completed Drior to receiving grant approval is ineligible for reimbursement. Grantees may not submit work improvements for reimbursement which have been used as reimbursement requests in any other grant program offered by the CRA, City, Palm Beach County or the State of Florida. The Commercial Interior Build-out Assistance program will only honor new expenditures that have not been submitted under other grant programs. The Commercial Interior Build-out Assistance program may only be used one time in any five year period for anyone specific commercial unit or business entity. Businesses are limited to one Commercial Interior Build-out Assistance Program award. Grantees shall allow the eRA the rights and use of photos and project application materials. JnitiB.lS~ Page 4 of 5 T:\PROGRAMS II. GRANTS\Commerciallnterior BlIild-out Asslstance Pro&mn\Web format PRJpm Guidelines '" ApplicationIFY ZOIO-2()lllRevlsed 10-1-10 Interior Bllild.out AuilllllCePropam Guidelincs.doo Reporting - By accepting the grant, the applicant agrees to comply with the reporting requirement of providing the CRA with proof of employee wage reporting during the two years following completion of the project to verify that the required job positions are properly fulfilled and maintained. For W-2 eligible employees, timely Florida Department of Revenue Employers Quarterly Report (UCT-6) for each consecutive quarter must be submitted. For sole proprietorships, partnerships, s-corporations, or any other entity that elect to pass through taxable income to business owners and the business owner(s) are one or more of the listed employees for application purposes, an 1040ES payment voucher or proof of electronic payment is required. Quarterly payments must be made before the due dates or any penalties for late filings must show as paid. If the business owner elects to file the 1040-ES annually, the CRA must receive a copy of the filing no later than two weeks after the IRS deadline. If the business owner does not qualify for estimated tax reporting, an Estimated Tax Worksheet from IRS fonn 1040-ES must be submitted along with the prior year's tax return (if not already submitted). For 1099-MISC eligible employees, IRS Miscellaneous Income fonn (1099-MISC) must be submitted annually to the CRA before February 28 of the following year. 8"_'8.'"'0' .Af4'.A"'~I'~l'i"14'~"'.'..A;..._"';"",,*,G I acknowledge that I have read and understand the Commercial Interior Build-out Assistance Program Guidelines as set forth above and agree to comply with its content. ~4~~ AppJicantffenant's Signature J2./C/-:("A/47D<YV? <1Z-IW~..t<J)J!6 Printed Name Date ALS/(})l-,U) Title Applicantffenant's Signature Date Printed Name Title Page 5 of 5 T:\PROORAMS &. GRANTS\Commerciallnterior Build-out Assistance Prognun\Web tbrmIIl Prosmn Guidelines &. ApplicationlFY 2010.2()11\Revised 10- 1.10 Interior BuiJd-out Assistlmce Program Guidelines.doc Reporting - By accepting the grant, the applicant agrees to oomply with the reporting requirement of providing the CRA with proof of employee wage reporting'during the two years following completion of the project to verifY that the required job positions arc properly fulfilled and maintained. For W-2 eligible employees, timely Florida Department of Revenue Employers Quarterly Report (UCT-6) for each consecutive quarter must be submitted. For sole proprietorships, partnerships, s-corporations, or any other entity that elect to pass through taxable income to business owners and the business owner(s) are one or more of the listed employees for application purposes, an 1 MOBS payment voucher or proof of electronic payment is required. Quarterly payments must be made before the dlle dates or any penalties for late filings must show as paid. If the business owner elects to file the 1 040~ES annually, the CRA must receive a copy of the filing no later than two weeks after the IRS deadline. If the business owner does not qualify for estimated tax reporting, an Estimated Tax Worksheet from IRS fonn ) O4O-ES must be submitted along with the prior year's tax return (ifnot already submitted). For J099-MISC eligible employees, IRS Miscellaneous Income fonn (1099-MISC) must be submitted annually to the CRA before February 28 of the following year. SUBMISSION OF AN APPLICATION IS NOT A GUARNTEE OF FUNDING I acknowledge that I have read and understand the Commercial Interior Build-out Assistance Program Guidelines as set forth above and agree to comply with its content Applicant/fenant's Signature Date Printed Name ~S~_ t..siht\f FeX'~y\d,e/5 Printed Name Title 1)6- 0/ - 2011 Date I/IC~ PIes'IDtA4 Title Page 5 of 5 T:\PROORAMS &. ORANTS\Commerciallnterlor Build-oUI Aailllnct PJ'Oll1lm\Web fimnat ~ Guidelines &. Applic:ation\FY 20 I 0-2011 \Revised 10-1.10 Interior Build-out Ala_net PnIJram Guidelines.doc: ,_ " J,~ p""....., ......,~ ~ I ~Cf:Y~T2~ eRA _ East Side-West SIde-Seaside Renaissance 2010/2011 Boynton Beach Community Redevelopment Agency Commercial Interior Build-out Program Application (Please Ty~ or Print Only - Vie Additional Sheets if Neeessary) Applicant Name: K IdJ~U '9 (feILV4JVJ>8 Applicant Mailing Address: I ~4~ 7 ~~ nfl.'1;; /",?'x'1tJ /./.47CPif_ _L __ Y Business Name (D/B/A if applicable): -t;;//ehf O(j:. CnLp~ /..u~. Business Address: IS7Lf~ 7J~-r t?L.A~L /UoVH LOX4 II~'-rcll i=c FL b 3'1 ') b Phone(S6f) 790 77-'1~ Fax: ~w~) 79D 7775 Email~c:A( ot:COL ol'Zst:2 ~(".4t;.7:A/n- Fed ID# Time at Location: .__ Monthly Rent: _.__. Do you have an executed lease agreement: Yes d No _.__ Landlord Name: Landlord SSN/EIN: Landlord's Mailing Address: Was this business previously located at ano~er sit;:~~-=-- NoL Dates: Previous Business Address (if applicable ): New Business: Yes_ NoLo Existing Business: YesLNo_ Square footage of existing location: 0 Square footage of new location: f!!!j Cj;;DS~ lnitia~ Boynton Beach Community Redevelopment Agency 915 S. Federal Highway, Boynton Beach, FL 33435 Office: 561-737-3256 Fax: 561-737-3258 Page 1 of4 Type of Business: Number of Employees: q IVt:;.../ ~ c'ogf@ c1()l!. "3 Hours of Operation: <0: DO A Ji'I 10 S: 00 <P1rt Are you applying for grant assistance under any other program offered by the CRA: Yes_ NO./ If yes, what additional programs are you applying for: Are you receiving grant assistance from any other governmental agencies: Yes_ NO~ If yes, list any aditional grant sources and amounts: CERTIFICATION AND WAIVER OF PRIVACY: I, the undersigned, applicant(s) certify that all infonnation presented in this application, and all of the information furnished in support of the application, is given for the purpose of obtaining a grant under the Boynton Beach Community Redevelopment Agency Commercial Interior Build-out Program, and it is true and complete to the best of the applicant(s) knowledge and belief. The applicant(s) further certifies that he/she is aware of the fact that be/she can be penalized by fine and/or imprisonment for making false statements or presenting false information. I further acknowledge that I have read and understand the terms and conditions set forth and described in the Boynton Beach Community Redevelopment Agency Commerciallnterior Build-out Program Guidelines. J understand that this application is not a guarantee of grant assistance. Should my application be approved, J understand that the CRA may at its sole discretion discontinue subsidy payments at any time if in its sole and absolute determination it feels such assistance no longer meets the program criteria or is no longer benefiting the furtherance of the CRA mission. I hereby waive my rights WIder the privacy and confidentiality pro\ision act, and give my consent to the Boynton Beach Community Redevelopment Agency, its agents and contractors to examine any confidential information given herein. I further grant pennission. and authorize any bank, employer or other public or private agency to disclose infonnation deemed necessary to complete this application. I give pennission to the CRA or its agents to take photos of myself and business to be used to promote the program. I understand that if this application and the information furnished in support of the application is found to be incomplete, it will not be processed. SUBMISSION OF AN APPLICATION [S NOT A GUARNTEE OF FUNDING lnitials~ Boynton Beach Community Redevelopment Agency 915 S. Federal Highway, Boynton Beach, FL 33435 Office: 561-737-3256 Fax: 561-737-3258 Page 2 of 4 ~.-{--- ~~~ App icantITenant's Signature Q(cA4IJ~W 9 cf~q,lJAJUDl-~ Printed Name Date ~/D6vY Title ApplicantITenant's Signature Date Printed Name Title STATE OF FLORIDA COUNTY OF PALM BEACH BEFORE ME, an off~r duly authorized by law to administer oaths and take acknowledgements, personally appeared f(, C/-h4el:;Sf);:) ~c<,JM])eS , who is personally known to me or produced as identification, and acknowledged he/she executed the foregoing Agreement for the use and purposes mentioned in it and that the instrument is his/her act and deed. IN WITNESS OF THE FOREGOING, I have set my hand and official seal in the State and County aforesaid on this~ ~ ~ ~ day of ~ a-r ,20 / / . NOTARY PUBLIC My Commission Expi ~~j" HElEN IlRANTZ l~ MY~'OD888841 . EXPIRES: September 11. 2013 Bonded l1vu NlilIIY PubIc UndIIwri\IR SVBMiSSl0N OF AN APPLICATIONISN&T A Gt1J\;RNftB8FFtJMMNG Boynton Beach Community Redevelopment Agency 915 S. Federal Highway, Boynton Beach, FL 33435 Office: 561-737-3256 Fax: 561-737-3258 Page 3 of4 Dat Title Property Ov.ner's Signature Date Printed Name Title STATE OF t"L. COUNTY OF D~~ BEFORE ME, an officer duly authorized by law-t,.o administer oaths and take acknowledgements, personally appeared ;17MLEL. ROSEN , who is personally known to me or produced as identification, and acknowledge<l nefshe executed the foregoing Agreement for the use and purposes mentioned in it and that the instrument is hislher act and deed. IN WITNESS OF THE FOREGOING, I have set my hand and official seal in the State and County aforesaid on this ~ 3 day of ~ 7 ,20 / I. CD HB.ENKJWnZ ~ MYCQMMISSOI' DO 888841 : .. EXI'lRES:~11.2013 BondId 1ln Nealy NIle Und-'lIn ~I~ My Commission Expires: SUBMISSION OF AN APPLICATION IS NOT A GUARNTEE OF FUNDING Boynton Beach Community Redevelopment Agency 915 S. Federal Highway, Boynton Beach, FL 33435 Office: 561.737-3256 Fax: 561-737.3258 Page 4 of4 rr~~ o 's Signature (jANIfI~~ Printed Name /Pit /1/ Mth I I 'Ii r; JL Title Property Ov-ner's Signature Date Printed Name Title t STATE OF FLO,t:.; DA- COUNTY OF _Jl2.~aP 1\ BEFORE ME, an officer~ authorized by J4w to admfnister oaths and take acknowledgements, personally appeared _. _. _ \l.f:!.~ / c..C... (L&J&ef,.J , who is ~onallv known to mc__pr produced as identification, and aclmowledgea 'he/she executed the foregoing Agreement for the use and purposes mentioned in it and that the instrument is his/her act and deed, IN WITNESS OF THE FOREGOING, I have set my hand and official seal in the State and County aforesaid on this / day of ~ ,201L. HBfNICIWlIZ CQIMIISSOllOOllllll841 ~~ ~~11.2013 811d1dlfuvlllUrYR* U......... ~~ NOTARY PUBLIC My Commission Expires: SUBMISSION OF AN APPLICATION IS NOT Pi. GUARNTEE OF FUNDING Boynton Beach Community Redevelopment AJ,,>ency 915 S. Fedeta! Highway, BOyntOD Beacb, FL 33435 Office: 561.737-3256 Fax: 561-737-3258 Page 4 of 4 ~ Property Owner's Signature f"("fI \(ae.\(\ \2r1Se.n Printed Name (0 - '-=-U Date f'r"~f"\ ~ ~\ Title Property OV'o'Der's Signature Date Title Printed Name STATEOF 'FLoL-lM COUNTY OF .B12Z0~ BEFORE ME, an officer duly' authorized b~ law to Jldminister oaths and take acknowledgements, personally appeared _flIKRf:~ ~oSE-"..J ,who is personaUy known ....if! m~ or produced - as identification, Biid acknowledged he/she executed the foregoiag Agreement for the use and purposes mentioned in it and that the instrument is his/her act and deed. IN WITNESS OF TIlE FOREGOING~Y hand and official scal in the S_ and CoUDtjI aforesaid on this I day of ,20.LL. 1Yh. IE.ENIOWIlZ :.: ~~ MYCOIIIIS&IlJl.DD888841 - . ~ EXPIRES:Sepllmbet11.2013 80ndIdtln NallrrMllc IIIllfetwrI(n ~-~ NOTARY PUBLIC My Commission Expires: SUBMISSION OF AN AP'PLICA TION IS NOT A GUARNTEE OF FUNDING Boynton Beach Community Redevelopment Agency 9] 5 S. Federal Highway, Boynton Beach. FL 33435 Office: 56].737-3256 Fax: 561-737-3258 Page ~ of4 Pro-Forl..a Income Sta .:ement Touch of Colors Inc For 2011 through 2014 (all numbers in $000) REVENUE 2011 2012 2013 2014 Gross sales $303 $312 $322 $331 Less Returns 0 $0 $0 $0 Net Sales $303 $312 $322 $331 COST OF SALES Beginning inventory $160 $157 $165 $184 Plus goods purchased I manufactured 194 201 207 213 Total Goods Available $354 $358 $372 $397 Less ending inventory 197 193 189 185 Total Cost of Goods Sold $157 $165 $184 $212 Gross Profit (Loss) $146 $147 $138 $119 OPERATING EXPENSES Selling Salaries and wages $63 $65 $67 $69 Benefits & Compensation 0 0 0 0 Advertising 4 $4 $4 $4 Depreciation 3 $3 $3 $3 Misc 2 $2 $3 $3 Total Selling Expenses $72 $74 $76 $79 General! Ad m inistrative Legal & Accounting $9 $9 $10 $10 Transportation 16 $17 $17 $18 Disposal & Maintenance $0 $0 $0 Insurance 14 $14 $15 $15 Rent 11 11 11 41 Utilities 3 $3 $3 $3 Licenses & Tax 3 $3 $3 $3 Office supplies 0 $0 $0 $0 Travel & entertainment 0 $0 $0 $0 Postage 0 $0 $0 $0 Equipment maintenance & rental $0 $0 $0 Payroll Tax 24 $25 $26 $27 Interest 3 $3 $3 $2 Total General/Administrative Expenses $84 $86 $88 $90 Total Operating Expenses $156 $160 $165 $169 Net Income Before Taxes ($10) ($13) ($27) :$50) Taxes on income 0 0 0 0 Net Income After Taxes ($10) ($13) ($27) 1$50) Extraordinary gain or loss $0 $0 $0 $0 Income tax on extraordinary gain 0 0 0 0 NET INCOME (LOSS) ($10) ($13) ($27) ($50) Touch of Colors Inc Net Income: 2007 $48,509 Profit Mar in: 2008 14.25% Contribution Mar 2008 41.00% Gross Mar in 2008 48.10% Degree of Operating Levera e: 2008 2.49 Return on Assets: 2008 1.02 Current Ratio: 2008 3.03 Accounts Recievable Tumover: 2008 19.74 What are Revenues after all costs, liabilites and taxes? I I $;~,~~6 II $~~,:e I What are revenues after all costs? I $;~,~~2 II 2009 $43,215 How much revenues are 2009 7.72% 2009 12.87% How much Revenues are left after varible costs? I 2009 II 2009 29.66% 37.67% How much to fixed costs effect earnin s? I 2009 I 2009 3.39 2.54 How efficient are assets? II ~~~: II 2009 1.52 Can all short-term assets cover short-term costs? II ~~~ II un2k~~~ ents collected? I 2009 36.48 Breakeven: 2008 $203,535 How much must be sold to cover 0 eration costs? II 2009 I 2009 $196,290 $177,084 Risk Analysis for Touch of Colors Inc '1 , , . . ~\"kjI1';"'''<: (~ [ ;U Completeness of Application 65 25% 16,25 Owner Resume 70 21% 14.7 Manaaement Plan 60 19% 11.4 Understanding of Market 80 16% 12.8 Sales/Marketing Plan 85 12% 10.2 Understandina of Financials 70 7% 4.9 JCJj>"1 I '>....I~~ 'Ie Pro-Forma 25 25% 6.25 Contribution Marain 50 10% 5 Gross Maroin 45 15% 6.75 Profit Margin 45 15% 6.75 Workina Capital 75 15% 11.25 Breakeven 35 15% 5.25 Current Ratio 90 20% 18 Acounts Receivable TurnonvE 100 20% 20 Return on Assets 70 10% 7 Net Income 85 23% 19.55 Operatina Income 80 22% 17.6 Degree of Operating Leveragl 80 10% 8 Total Score I 67.9801'0 I Scale: 90% - 100% = Exceptionally Well 80% - 89.99% = Better than expected 70% - 79.99% = Strong Stability 60% - 69.99% = Stability 50% - 59.99% = Passing 40% - 49.99% = Some Uncertainty 30% - 39.99% = Uncertainty 20% - 29.99% = Problematic 10% -19.99% = Weakness 0% - 9.99% = Fault Business Plan Score (50% of Total Score) 70.25 out of 100 possible 70.25% Financials Score (50% of Total Score) 131.4 out of 200 possible 65.70% ....,.~..\.........." "~:::> '.;(1::: - ~ .-.j-, .... ~RY~Te~lcRA iiIIi East Side-West Side-Seaside Renaissance eRA BOARD MEETING OF: July 12,2011 I 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 June, 2011 and District Stats for Months of May and June, 2011. (Info.Only) SUMMARY: May 2011: Crimes - 88 Arrests - 11 Calls for Service - 1388 June 2011: Crimes - 59 Arrests - 2 Calls for Service - 1252 FISCAL IMPACT: Cost budgeted in FY 2010-2011 from Project Fund 02-58500-460 CRA PLAN, PROGRAM OR PROJECT: CRA Policing Innovations- Downtown Vision and Master Plan RECOMMENDATIONS: Info. Only Boynton Beach Police Department Year-To-Date Crime Comparison Report 2010 I 2011 CRA District JUNE 2011 CRIMES Jun-11 Jun-10 + 1- May-11 + 1- V-T-O V-T-O + 1- 2011 2010 Criminal Homicide 0 0 0 0 0 1 0 1 Sexual Offense 0 0 0 0 0 0 0 0 Robbery 3 2 1 2 1 18 27 -9 Aggravated Assault 2 6 -4 3 -1 24 33 -9 Buralarv 19 25 -6 27 -8 96 87 9 Larceny 32 28 4 55 -23 215 196 19 Auto theft 3 1 2 1 2 12 11 1 TOTAL 59 62 -3 88 -29 366 354 12 Jun-11 Jun-10 + 1- May-11 + 1- V-T-O V-T-O + 1- 2011 2010 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 6 8 -2 0 3 -3 2 -2 7 11 -4 0 2 -2 2 -2 5 10 -5 4 -3 6 -5 29 30 -i 0 0 0 0 0 0 2 10 -8 11 -9 49 60 -11 Jun-10 May-11 + I - 1252 1445 -193 1388 -136 8553 8635 -82 6/30/2011 T I ( , '611311 ( I ~/201111 I eRA Police Team MONTHLY ACTIVITY REPORT MONTH: JUNE 2010 -controlled drug buys continued throughout the CRA District . locations can not be disclosed due to active investigation, but all were promulgated by complaints -Joint investigation with CAT -patrolled the South Federal Highway Corridor in reference to prostitution complaints -patrolled the MLK corridor reference to complaints of open air drug transacti0ns and public drinking -patFo11ed East Ocean Ave in ref to vagrants \ "'E~tra patrol under the Ocean A venue Bridge ref to quality of life violations ..'~){;tr.aipa.tt0Is @n aU City pal'~ in the CRA District fJJEl(tFa;.patT0ls OR aU d~vel0pments al~mglfedeFal Highway, Walmart Construction site, Las Ventanas, and ~~iFa16eha' ref to li>urglaries. ,~'t'W0t.~g 0n numer0US actbve Flar-~@ti€ inves~ig,*ions ~~assistecl' Road Patml with eaBs fOF sel'Vice :li~ '".''' ~ ~.~~,@1ifr011ed dm'g buys t.lwough0ut the CRA District ~, ~~I~int'inv.estigatioa. with CAT ;E#'"" , ~~p>.~tFOld~d~the North FederalHig~way Comaor in reference to quality 0nife cOIl\p'laints ~i2~tJi0Iledithe MLK comdor reference to'c.on:t.~~nt,s of 0P~P. aw'dtu~ trapsaGtioR~aIid'publie c:lriBking t~ · Speeiall, attenti0n t@ tije-area of the M~K qu.icK Steil' ;~-p:ap-Q}led East <9'eean Ave ipreft0 open alcoB01 bever-age and public iRt~x:ieati@n.e0m.ltl~ints ";'"., S}6elVial attentioB MariRa Villag,e " ~J.#Ex..ma patrol under the Ocean Avenue Bridge ref to vagrlUlts and lbud noise complaiilts .t. " >'$jftrapanors 0n,a11 City par-ks in the CRA District . Spee'ial attention InbaGoastal Park ;. -.~*tJa patr.els on Marina Village, Promenade, Walmart ConstFuGtion site, Las Ventahas, and Mirabella ref to lmliglaries. -Provided security for the CRA Board meeting -unit working on numerous active narcotic investigations -assisted Road Patrol with calls for service _Tl'lnrp r-{,\T\tr{'\l1~rI ...1...11,.,. h",.,C' .,.l,..._n......l,_n+ +t........ r"D A T"\.:........-=~... 6/8/2011 Comment 6/9/2011 Comment 6/9/2011 Comment 6/10/2011 Comment 6/10/2011 Comment 6/13/2011 Email 6/22/2011 Phone call 2011 CRA COMMENT LOG National NE 3rd Street Transmissions Mario Ferazzoli 734-3252 @ Ferazzoli & Son Richard Frazier 734-5883 @ Boynton Auto Care Mindy @ Nails 572-2282 Know How Kathe Clark Theresa left her a message that it never worked properly, then the vendor changed and it was too costly to keep the equipment up to date and the City's IT Oept. suggested to discontinue due to costs. Emissions needs to be brought back and why isn't the City putting in an amusement park for all ages like Oelray has? Would like to see landscaping on Railroad & the left turn lane should be reopened. The FEC owns the property next to the railroad tracks which is the only property available to landscape-CRA cannot landscape it and the left turning lane is a City & FOOT issue. CRA doesn't help businesses and the closing off the left turning lane on railroad has hurt his business Theresa called him to advise she would send him a package of the grants available to businesses within the CRA District (Grant package sent 6/13/11)- The left lane closure is a City & FOOT issue. She would like to see the CRA CRA staff has allocated monies pay for a colaborative for a quarterly advertisement for advertising page in the Boytnon downtown businesses in its FY Forum for the downtown 2011-2012 budget. businesses. Signs from the East directing westbounders to shopping. Marina Entry was not money well spent. kchombebase@ FYI email blast - very exciting, yahoo.com way to go Boynton Beach! Rosella Micelli 561-445-4403 The property on the corner of Theresa Utterback explained Federal Hwy. and North Rd. that she should bring her recently cut down all the concerns to the CRA Board at shrubbery on the property their next meeting July 12th and greatly exposing the abandoned she could speak under public building, wall & chain link fence. comment. She was also advised It is the entry of their that since it is privately owned neighborhood. They have been property the CRA Board would working with the Officer Webb at have to approve beautification or the City and the City was to the property owner would have install eureka palms since by law to apply for a grant. there has to be a green buffer between residential & commercial. She was in hopes that the CRA could fund some plantings to make it look nicer. From: kathe clark [mailto:kchomebase@yahoo,comi Sent: Monday, June 13, 2011 2 :40 PM To: Walsh, Margee Subject: Re: Exciting updates on downtown Boynton Beach". Thank you for the email.this is so exciting, way to gO.n.yippee Boynton Beach. From: "Walsh, Margee" <WalshM@bbfl.us> To: "Walsh, Margee" <WalshM@bbfl.us> Sent: Fri, June 10, 2011 4:35: 15 PM Subject: Exciting updates on downtown Boynton Beach. Visit the Boynton Harbor Marina '5 new website at: www boynto'lharbormarina.corr 6/13/2011 ~~~~Y~Te~ eRA iI East Side-West Side-Seaside Renaissance June 29, 2011 Congressman Ted Deutch 2500 N. Military Trail Boca Raton, FL 33431 Re: Post Office Facility at 217 N. Seacrest Blvd., Boynton Beach Dear Congressman Deutch, I am writing to ask for your support to encourage the U.S. Post Office to improve their facility at the above referenced address. The City and CRA loves having a Post Office located in our downtown area. However, the appearance of the site could be improved to enhance a major intersection within our downtown. The CRA is committed to the psychical and economic improvement of downtown Boynton Beach. The Post Office is next to our City Hall and we would love to see it upgraded with landscaping, additional retail and the trucks screened or stored off-site. Any assistance you can provide to encourage a dialogue in this direction would be greatly appreciated. cc: Michael Weiner 915 South Federal Highway Boynton Beach, FL 33435 Office: 561-737-3256 Fax: 561-737-3258 wv:w.boyntonbeachcra.com ~-RY~T8~ICRA iIIII East Side...West S',de...Seas'lde Renaissance eRA BOARD MEETING OF: July 12, 2011 I I Consent Agenda I X I Old Business I I New Business Legal Executive Director's Report SUBJECT: Consideration of Employment Agreement for Executive Director SUMMARY: At the May 10, 2011, CRA Board meeting the Board voted to approve the form of the Employment Agreement for the Executive Director with the understanding that it could come back with comments from Ms. Brooks and/or her attorney (see Attached minutes from May 10, 2011 minutes) as Ms. Brooks did not agree to many of the terms contained in the draft employment agreement. Ms. Brooks has decided not to utilize an attorney but rather to research the terms of other CRA director's contracts in Palm Beach County and present this information to the Board for consideration (See Attached spreadsheet). Based on the research of other CRA's Ms. Brooks has provided a marked up copy with her requested changes to the draft Employment Agreement (See attached marked up copy of draft employment agreement). The decision to make the Executive Director a contract position is Board policy and has been the practice of the appointed citizen Board. The Agency's Rules of Governance and the Human Resources Manual do not require the Executive Director position to be a contract position. Additionally, there is not a Resolution passed by the Board making this an Agency requirement. FISCAL IMPACT: To Be Determined. CRA PLAN, PROGRAM OR PROJECT: N/A RECOMMENDA TIONS/OPTIONS: If the Board is desirous of having the Executive Director as a contract position, then create an Employment Agreement with terms consistent with other CRA Executive Directors in Palm Beach County. cdd/L Executive Director T:\AGENDAS, CONSENT AGENDAS. MONTHLY REPORTS\Completed Agenda Item Request Forms by Meeting\FY 2010 - 2011 Board Meetings\7-12-11 Meeting\ED Contract.doc Meeting Minutes Community Redevelopment Agency Board Boynton Beach, FL May 10, 2011 that what distinguished her from staff is that there is a contract and her salary would distinguish her from the rest. Her reporting structure had her as head of the CRA Ms. Brooks advised under the terms of her contract, she would prefer to remain as is. The terms of the contract are not beneficial to her in her opinion. She advised it was limited as to vacation, as it could not be accrued. She was limited to how much could be taken at one time. In addition, some percentage of the insurance would be out of pocket. It IS not consistent with the HR Policies with other staff among other things. Chair Rodriguez reminded the Board that Ms. Brooks had an attorney working on her behalf. Attorney Cherof commented on Section 5 of the insurance issue, it does not provide for any percentage, it is a blank. Any number could be filled in at a later time if it is determined an employee should pay a proportionate share of a premium. For clarification, Chair Rodriguez restated the motion to be that if the Board approves the contract in its present state, Ms. Brooks would then take it to her attorney and they would come back to the Board and either agree or have points of revisions. Vice Chair Orlove suggested possibly tabling the matter, but it was determined the contract had to be approved first with its terms and conditions. The motion passed 6-1 (Vice Chair Or/ove dissenting). I. Ruth Jones Cottage This item was previously discussed. Motion XIII. New Business: A. Preliminary FY 11/12 Budget Discussion and Staff Recommendations Ms. Brooks indicated the need to begin to figure out, as a Board, what needs to be accomplished. She advised she wanted to have a policy discussion, rather than a project and program discussion, but she added she felt it would be beneficial for the Board to hear staffs ideas on how the redevelopment of the downtown area could be continued. Because of lean times and because the CRA is on a path of redevelopment, the focus needed to be razor sharp and take the finite resources available and use them in the most responsible and effective manner. Ms. Brooks indicated she would recommend changes that may not be popular. The TIF revenue will continue to go down, the projected drop is approximately 3%. The preliminary estimate was $6.5 million in TIF, about 60% of that is from the City, 40% is from the County. No change in millage was estimated yet. Other sources of CRA revenue are fund balances which are unused funds, the marina revenue, which was not from rents but from fuels Approximately $850,000 comes from fuels and the balance was rental income. Tenants 20 n ~ n g'~ 01 ! a: 0' :l Ill!:! 0" 0Iiii' a! n ~a zl UI .. Ii ~ Al r -i ~ 0 '" ::J :3 CD <C " 3 CD r 01 '" :3 it 3" :3- 0 3' 'U 0;" ~ III Oi Ql CD ::J g <fl mOl w 3 n 0> ;+ 0 .., ::r oft '< 0 So 'U "0 O'&' Q. 0 3 c CT 0" 0 Ql '< CD :I '" 3.~ '" '" -iO Ql ~ ~ Oi f -< .. C :l CD ~. ;:; .. n 0 Ul n o :I ; ~ -i .. 3 UI CD -< ~ ~ ~ zOl :I 1Il ~ ~~~m~~~ ~ 3s.1~~%.g ~ ~~ ~g3-6f ~: ~.~o= ~~ ,,"'00i~ ~c ~ ~~8 =-= c.c g. ~a ~EfD~ ~~ ~~9..3 0: :Je. _ ~ Q ~ Ci c -< -<:e m z~ ~! r~ U, <: :0 J:l " ,. " ~ ,'~ Z a < ~ CL ffl 3 CL 3 J> m ~m <D m '" '< ~'< () '< s, '" ii1 < -e,n :5 m S '" m 0 () '" () :; c 0 ii1 '" ii1 !!'. 0 m m 0 6 0 '" 0) '" '" :0 C <D m '" N '0 a '" a 0 '< '" ~ <J1 :0 ;:; '" :0 "0 00 m 0 ~~ 9- '? 0 '::0 r Z I (f) <: 0 0 Q. Q. 0> ::J n CD (') ii !!'. 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UI- ~'E C .. ::l E o >- uE. "5 E IllW .. III E Iii [l. o E Q) ::;: <n 0'" Em Q) C ::;:&l ~~ 2<t ~ 6 u cO:: ~li 0 ~u III Q) E J,!! C ~ ;;WW E8.E ~ ~_C/J (/) 2 ~ &Q..<( c;:('Q(/) UJEa:: QV)~ UJU 9-00~ CI) Q; u ro Q) ~ ~ ~.~ ~ UE CJ)iiiE Q.) -oC:-i::: ~~ c,.- CJl -' ro k ~ ~-g ~.2o ~(Q ::J~c Nro~OC/JQ.) ~~~~[~ >. 0 -0 .0 x ~ co .I U5 ill :J o;;_~Q5.o ~ m ~ e ~ .~ U)I--.JCL~a::: ~ III ftj en tS Ez g> u c"" .. ~ N .. ;; 0 OIXl c o "j;) "0 III ~ - III E 0 EIXl o U ~ u =z Ul ~): '" C >- .. ~ ... I- 8 c 1:> ! '" E Ul '" '" III a; 0:: "0 z 8 c Ul fie <l> ~>- >- ... III ~ ... I- - u l! C 0 (J <( z .. B u l!! is.. ~~ (JI- ,a-c C Gl :J [ 8~ "5~ l'lIW Gl a:l E iii ll.. ~ E '" LL 1:> C '" ~8 <Jlo 00 -0 Ul "'~ :>. () ... ~ ffi + Q)>.~~~ in~ffi.E~ ~~ ~ ~ E Cf? Clffi~~m~ C E Q,) ... I c g &~ ~ ~ ~ ~nJOO:+;lI.I <tIffi"d"OB.E ~~~~~~ "'"""....,.w~UJ~ .. ~ i! ~ l'lI ii III N CO CO o .,. ;;; I~ 0 (J z ;'2 ~3 (jID 0 Z l5 ji E 0 gID Ul (J <l> >- " 0 0 ~ :; &: et:: (J _ 0 l'lIZ 11.- &: - u .. l'lI ~i! EMPLOYMENT AGREEMENI This employment agreement i" AgrecrnenCI, I" made and entered mto onthi" day of 2011. bv and between the BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY (the "CRA"t and VIVIAN BROOKS. (the "Employee"i (collectively, the "Parties") WHEREAS, the Board desires to employ the Employee. as Executive Director of the CRA; and WHEREAS. the CRA desires to provide certain benefits. to establish certain conditions of employment and to set certain working conditions of Employee: and WHEREAS. Employee desires to accept employment as ExecutIve Director of the CRA under the terms and conditions set forth herein NOW, THEREFORE. for and in consideration of the mutual covenants herein contained, the Parties agree as follows: 1.0. Duties 1. I. The CRA agrees to employ Employee as the full-time Executive Director of the eRA to perform the functions and duties necessary to manage its operations. 1.2. The general scope of duties IS set forth in the job descnpl10n attached hereto as Exhibit "A" 1.3. Employee agrees to perform her duties and other such legally permissible and proper duties and functions. consistent with the office of the Executive Director. as the Board of Commissioners of the CRA (the "Board") shall assign from time to tIme I FjPQl::.,J]!!~nls amt Sellinllslbrooksv;IMy Document~!;.I]!QjQYlli~'-ot""m.:<;~~r1J!ll!!,Qea " J.r.m!!L~I2L~Q,n_;)Yl9~g()C ] Formatted: Page Number, Fonl' (Default) Arial, 8 pt Formatted: Left 2.0. Im!!:. 2.1. This Agreement shall become effective and the term of employment as Executive Director shall commence on the date approved by the Board for a one (1) year termv This Agreement may be terminated by either party pursuant to Section 10.. 2.2. Nothing in this Employment Agreement shall prevent, limit, interfere with, or otherwise restrict the rights of the CRA to terminate the services of the Employee at any time, with or without cause, when done in accordance the provisions set forth in Section 10 of this Agreement. Termination without cause shall require a sixty (60) day noticeJo EmJi~.s;, 2.3. Nothing in this Agreement shall prevent, limit or otherwise interfere with the right of the Employee to resign at any time from her position with the CRA, subject only to the requirements and provisions set forth in Section 11 of this Employment Agreement.J::mp19~~~ha])..ziY.~!=RA a !iixty (60) day notice of resignation. 3.0. Salary. 3.1. The CRA agrees to pay Employee for services rendered commencing upon the date of the execution of this Agreement at an annualized base salary of $ 115,00.00 payable for time employed in bi-weekly amounts of $4,107.14 (subject to customary withholding and deductions). Such payment will be made consistent with existing eRA pay periods. It is recognized that theCRA pay periods are bi-weekly and if the pay periods change, the empLoyee's salary shall not change. 3.2. Notwithstanding reference to "term" and "annualized salary", reference to those terms does not imply a fixed term of employment and Employee is not entitled to compensation other than for time actually employed by the CRA. unless as stated elsewhere in this Agreement.. 3.3. The Board~sh<lII[eview Employee's salary and benefits ~nnually at the time of the pDocuments and SellinQslbrooksvilMv DocumerllslErTlDlovrnent AQreementClean inDutversion3 vtPdoc2 -Del.;t;i; Additional one (I) ;~-! extensions oftenn shall require Board ' : approval by Resolution J >==---~==\ ,-~~ed:~_____~_______, ~~O;~~~~~_~___==--=] :~~Ieted~y, a;j;~;;-n~- -- --; _ n_",\ Deleted: J :'fo'rmatted: Page Number, Fo~;~i '. (Default) Arial, 8 pt j r ~ Formatted: Left ; _____..J EmpIQJee'~ revIew aJ}cJm tl1e_eyent the En1pICJyee ~ In le\\ ;s alJO\ e satlSIilctcry, t.111p1o.yee s saiar\ shaH.~1)1CrfA~~(:t\)yJi\l~RfI~c.::m(5%JJftheC'RA falls to pertornl theI::n}ployee's r~\li~~9~_::;!9t~d i!l_S_~Qjg)}JA,_:E111pIQY~c:.~tL<iIL!l.QTl_c:!helessbe entltled.to a file percentJ5%} mcre.aseln.~aJ<1ry. 3.4, Notwithstanding the Board's rights as set out in 3 3 above. the Board shall conduct a formal review,/mnually in advance of the anmversary date of thIs Agreement and prior to grantmg extensions to the term as set out in section 2, I of the Agreement It IS !heBoard'::;r~B?QJ1siJ,i!ij'y to inirii!!c.::_i!DQ.<;:-<mQ!!cJSLJc;I1JSJT1:l1.aJ reyie\',l<1TldJn the event lhe B()ard does not InllliHe~<1!l<iucQmpLc:te s.l,Ifbu~DItu_?I JQ!Il)JlLLc:.\i]c:\V.witbll1 thirty (30) days pnor to the el1clQ"t", of tI115_AEreeJ1!eIIt,the Ag[e~JIIe[ll\IViJJ.<mJ9m<ltlc:aJlyrenew under theex isting temlS and condltJOl1S. an<:lJ.::n.:m!QYee'::;::;<l)'Uy sh.alL'o~ ill.CIell~er.tbyfi:v~ P<:oU.:e!l!J2'Yol, 4.0. Vacation and Sick Leave. 4, I, The Employee shall be entitled to be paJd sick and vacation leave underthe tollowmg terms and conditions: 4,2, Vacation Leave, Employee is a current employee of the CRA and has accrued~~~ ,hours of annual period at the time of this Agreement Employee will accrue an additional 4.62 hours of vacation leave per fourteen (14) day pay period. The maximum number of vacation hours that Employee may accrue cannot exceed 320 hours, Hours accrued III excess of 320 hours will be forfeited, Upon separation tQI<!DY.I~~on the CRA will payout all accrued vacation time, !)., .._,N. otifiC1!!jQILQLY.i!f~!iQn.1~l!.~~,t m1lli>ITe_:>.h!l.lLILQ!!ii'.t.l:!S'.I!~;mfd fifteen l1jl.<i..a'y~ PIiQLjf~~ing.m().Isuhl!!} j}Y,eL~t 1:>.l!si!}e~~_d<1Ys off Ernploj1e.e \V III .i!LsgJ).QJify th_e.~Q<1L~LQ.Lhe.r desjgnee.,in beT ab~1l~5,;: 4.4, Sick Leave. Employee is a current employee of the CRA and has accrued"..........." I [.. IDOCJf!\,gmlLil.!l9 SIJ.!l!D!l?\!mlol\?YJiMv RO.9!mgJJ!~\.E:mQi9_'{[I]-"Q!!\.9[glJ.l.'lli'.o1C!l:jlCmp.uJ.xe'~ilOQ].'!1Q,g,Q~3 Deleted: all\- tlHh" dUrin!.! thl' ItTlli Ihls A!!reemCIll Deleted: once Deleted: 1229,' Deleted: (ADJUST AS NECESSARY AT TIME AGREEME"T TAKES EFFECT) Formatted: Bullets and Numbering Deleted: <#> 'rhf Employee may no! take more that1 ten (J OJ vacation days dunng any consecul1ve period oftillH.. without of the eRA Board,c: Deleted: 187.41 Deleted: (ADJUST AS NECESSARY A T TIME AGREEMENT TAKES EFFECT) Formatted: Page Number, Font (Default) Arial, 8 pt ......---......0....-. . Formatted: Left hours of Sick Leave. Employee shall accrue 3.69 hours of sick leave per fourteen (14) day pay period. Sick leave may be used only for actual illness. The maximum number of sick hours that Employee may accrue cannot exceed 480 hours. Hours accrued in excess of 480. hours will be forfeited. Upon separation for any reason _the eRA will pay out ~_accrued sick time. plDocuments and Sellinas\brooksvi\Mv Documents\EmDlovment Aareement Clean inDuf version 3 vlb.d0c4 ,-________m._______.___. , Deleted: .i Formatted: Page Number, Font: l (Default) Arial, 8 pt (=_.~=--- ., Formatted: Left "-i 5.0. Insurance. 5.1 eRA agrees to provide al nocQst to ;Employee health. dental. life. and disability insurance , p-ol~Le.;;f.QD5istel)j.. ~i!JLth9.~.e.jJ1..e.tf.s:<::tilS..of th..e ..Efft:ct I. Vt: I)iiJ..eof !hl~ 8...g!~t:Jl1~l]U!~ld provided by the CM to its employees. If!hS:..Q.9.li<::l.e.sre!ilIUIgtoII1S_UI.ilD<::<:_()f th~<::M.~hilI1$.eo. Ibl; f:IIml.()Y~t:~l?S:I1t:fjJ..~. w ill..ch.il!}g~J!.<::<::Q fcl![lgl y . 6.0. Automobile/Car Allowance. 6..:1.. . The Employee's duties require that she have the use of an automobile during her employment by the eRA. Employee.,;;.h<!IlQt?<::QmpeD.~<iJt?c1.J(}rth~ lls.::.(}fJJ<:IJ2~r~Qll.ilLautQmQbih:JQr CM.t:>!J~!n~..~..~..ilUh~.Qr~.\Iil!Ji.!l.gJ.R.STl1ilt:age. rate at the tiroe of the tra\ e) 7.0. Lel!:al Holidavs. 7.1. The Employee is not required to work office hours on legal holidays as designated from time to time by the eRA. 8.0. Outside Activities and Hours of Work. 8.1. The Employee shall not be entitled to engage in any other employment or professional engagements.\",ithQJH.mJ(}Lr.;(}I1~s:nt..QLtbeJ3()aId \'~hich ",'ill not beunre(isonabiy wlthh~Jg. 8.2. Employee shall disclose fifmlla11y in writing, or at the request of i..he. Board. all business, charitable and corporate (for profit and not for profit) affiliations 8.3. Employee shall comply with the provisions of the State of Florida and Palm Beach County Code of Ethics. as each is amended from time to time 9.0. Professional Development. 9.1 The CRA agrees to budget and pay Employee's reasonable membership costs in the hmg..iglIU~Jann.jD.g...8..~s()<::j~tLQTI..JAPA)L!ht: American Institute of Planners (AICP), tbt:floricl..8 l.s:.j;:Loc"mects ~nQ}i~til"J!.l~j)LQQ!>svi"'My.'pocYJ.!lJ!..'!1~!];l!1.P1Q.'lrlJ.!'.o.tA..9rg.EJmel)l~i!'<lD !D'p"l;c~I?&1) .~..Y!!tQ.Qc 5 Deleted: for I-:mplo\ie, ,_'on..,lqCTlr wnh health msunlIlcc Deleted: (' it)' of Bo)'nton Beach Formatted: Bullets and Numbering Deleted: 's Deleted: annual ~a!dr\ mcludel:. valu,' for a car allowanc~ Deleted: quarterly Deleted: any Deleted: Member Formatted: Page Number. Font (Default) Arial, 8 pt ---.-,- ----_.-------------~-- ___".____....-.._o_w_..m... Formatted: Left Redevelopment Association (FRA), the Urban Land Institute NUl which~ determined by the CRA to be for the good of the CRA. At any time during the term of this Agreement the Board may decide to not pay for Employee's reasonable membership costs in these.prganizations, if they decide that it no longer is in the best interest of the CRA. 9.2. The CRA hereby agrees to budget for and pay Employee's reasonable and necessary travel and subsistence expenses to attend one national convention (e.g. Urban Land Institute (ULI), American Planning Association (AP A), International Council of Shopping CentersiLCSC.l,]'lationC!!. ,.Trust for Historic Preservation (J"TTHJ>) and one Florida..@nference (e.g. Flmjda Redevelopment Association) per year. 9.3. The CRA will reimburse Employee for documented and justifiable expenses incurred for the purpose of promoting Jhe CRA district within the amounts authorized in the CRA budget. 10.0. Termination. 10.1. Employee is an at will employee of the CRA who serves at the pleasure ofthe Board. This Employment Agreement may be terminated by either party, without cause. If the Emvlovee i~ terminated without cause, Employee must be given a sixty (60) day-notice oftermination.Jn lieu of notice of termination, subject to any limitation on severance provided by state law, as amended from time to time the Board will provide severance in the amount equal to five (5) months of pay and all accrued vacatioJl~nd s:ick ti!!l~ . 11.0. Indemnification. 11. l. In accordance with the provisions and limitations of Florida Statute Section 111.07, the CRA shall provide an attorney to defend any civil action in which Employee is joined as a party in her capacity as Executive Director of the CRA.. .c:lDocumenlS and SeltinQslbrooksv~Mv OocumenlslEmolovmenl Aareement Clean inout version 3 vtb.doc6 Deleted: is .. (D";;ld--;d':-~icp-- . rO;i;~;-Hi~.;ri~~ ".------..~ c ( l Deleted: ICSC r'I;J;;;d; convention .t~I!~:.!:..__..'_n~____ Deleted: redevelopment in r.-------.,--~~~~---~, :; Deleted: The Board may, at its sole .'-.~~~~~.j.??_:_~~_~~:_~verance ~~~L._______. ~. Deleted: . Deleted: An decision to pay severance pay must be approved by the affirmative vote of at least five (5) members of the of the Board. " -----_._._-----~----. .1 Formatted: Page Number, Font: . (Default) Arial, 8 pt , ~~~.~.. ~.~< c Formatted: Left 12.0. Other Terms and Conditions of Emplovment. 12.1. The Board may establish other tenns and conditIons of employment. as It ma\ determine from time to tIme. relating to the perl'ormance of the Employee. provIded such tenns and conditions are not inconsistent with or in direct contllct with the provIsIOns of the Agreement or any other applicable laws of the City of Boynton Beach or State of Flonda. 13.0. Notices. 13. I Notices pursuant to this Agreement shall be given by deposit in the custody of the United States Postal Service. postage prepaid. addressed as follows CRA: Boynton Beach Community Redevelopment Agenc) clo CRA Board Chairperson and Board Attornc) 100 East Boynton Beach Blvd Boynton Beach. Florida Employee: Vlvian Brooks 2Jj .S~1}lliLll_CHL pnvG, Wt:'stPalmB~ach, FL 33405, 13.2. Alternatively, notices required pursuant to this Agreement may be personally served by hand delivery or in the same manner as IS applIcable to civil Judicial practIce NotIce shall be deemed given as of the date of personal servIce or as of the date of deposit of such written notice in the course of transmission in the United States Postal Service 14.0. General Provisions. 14.1. The text in the Agreement shall constitute the entire agreement between the parties and supersedes any prior stipulations. understandings or agreements. 14.2 This Agreement shall be binding upon and inure to the benefit of the heirs at law and executors of the Employee. 14.3. If any provision. or any portion thereof. contained in this Agreement is held s:...\'Q9.5<.JmeEtH1'1L~~~.m~.~\P!QP1.~vJ1MYu~LQ.9.Ym~Dt.,,\I;f11pIQYIlJ5illtj\gr!l!lf1}~QlI::,~"nlnp~1 V!l''''9.n ~ y1~..(j9C 7 Deleted: " Deleted: Deleted: Deleted: Formatted: Page Number, Font: (Defa~'9"",:~'.a', 8 pt Formatted: Left unconstitutional, invalid or unenforceable, the remainder of this Agreement, or portion thereof, shall be deemed severable, shall not be affected and shall remain in full force and effect. 14.4. This Agreement may be executed in counterparts; each of which will be deemed to be an original, but all of which together will be deemed to be one and the same instrument. This Agreement may also be executed by exchange of facsimile or other electronic transmissions between the Parties. 14.5. If either party incurs legal fees or litigation expenses, whether or not an action is instituted, to enforce the terms of this Agreement or to recover darnages or injunctive relief for breach of this Agreement, it is agreed that the successful or prevailing party will be entitled to reasonable attorney's fees and costs in addition to any other relief to which it may be entitled, IN WITNESS WHEREOF, the Boynton Beach Community Redevelopment Agency, Boynton Beach, Florida, has caused this Agreement to be signed and executed on its behalf by the CRA Chairman, and approved as to form by the Board Attorney, and the Employee has signed and executed this Agreement, both in duplicate, on the day and year first above written. T Attest: BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY By: Print Name: Title: Secretary Approved as to form: Jim Cherof WITNESSES: Vivian L. Brooks Print Name .clDocuments andSettinoslbrooksvi\Mv DocumentslEmolovment Aareeme"tClean inout version3 v1b.doc8 .-..~~---"._~._----~--~-,.~-.. '.~~!t!~: I?~v_i~J:' Jolces. Esq~L__j (----~-_._~_.~---_.._-- -...-, : Formatted: Page Number, Font: I' l (Default) Arial, 8 pt _ ,-. " Formatted: Left Print Name Deleted: H '\ I 'iKK\SSII''lWHEH X\ F "'I' krvmcnt Agreement f lV.111 lllPut ','ff"IPl ~.do( Formatted: Page Number, Font (Default) Arial, 8 pt .. --~._-~.~----,--~-- . I .G\RoC'L~fi~-,,!!1!! Sell~\!!f.Q~vi\M:i Doc"menls\EmpIOYI]l.JtQl,&9':,,&ment!;lean_-,-'lQjJ.i~~JQ[L~ vlt<cQ<:9 Formatted: Left ~~~Y~T2~ eRA iIIIi East Side- West SIde-Seaside Renaissance eRA BOARD MEETING OF: July 12,2011 I I Consent Agenda I X I Old Business New Business Public Hearing Other SUBJECT: Consideration of Youth Empowerment Center (YEC) - "In the Can" clean up project for the Heart of Boynton. SUMMARY: At the May 10,2010 CRA Board Meeting the Board voted that in lieu of the "Pride in Property" program funding could be given to the YEC for a clean up program in the Heart of Boynton. The CRA Board directed staff to contact the Youth Empowerment Center to see if they would be interested and to provide a proposal for such a program. Vickie Henderson, the YEC Program Director, has submitted the attached proposal. FISCAL IMPACT: $2,500 CRA PLAN, PROGRAM OR PROJECT: Heart of Boynton Redevelopment Plan RECOMMENDATIONS: Provide direction to staff. /( ;//JV Vivia'll' Brooks Executive Director Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Fl May 10, 2011 Motion Mr. Holzman moved to release funds subject to the agreement by the representative as stated by Attorney Cheref as Option #3 being that after they agree, the document language would be prepared which would then be submitted to the Mayor for signature. When the document had the signatures of both parties, Staff would distribute the money. Mr. Karageorge seconded the motion and it was passed unanimously. E. Approval of Application Process of Pride in Property Program of Heart of Boynton Neighborhood Chair Rodriguez inquired whether this was supposed to be a contest, and Ms. Brooks advised that it was decided that Staff would select the top three homes. Chair Rodriguez wanted to clarify the language in the brochure, stating it appeared that who ever did improvements to their property would receive $250. Mr. Karageorge agreed with offering cash incentives to improve property. It was in the budget for one fiscal quarter. He agreed flyers should be changed te reflect the cash award would be for the top three properties. Chair Rodriguez inquired what the impact of this project would be to the staff and what goals were set to focus on the big projects underway for redevelopment. Ms. Brooks advised it was time consuming, but to save money, a tri-fold would be done in-house, labels would be printed and put on, stapled and mailed. As far as impacting other projects, it would take away from staff time. She would not recommend this as it does not have enough cumulative effect for the amount of time expended. She commented that a few years ago, there was a partnership with a youth group where neighborhood cleanups were done. That had more cumulative impact because they were getting community hours and prizes for cleaning up sections of the neighborhood. Itt did not impact staff time. Mr. Hay inquired how much time would be impacted on staff with this program. Ms. Brooks advised that for one fiscal quarter one person's time would be impacted for a half a day to mail out and get it all together. Initially, the mailing would go to every property owner within the HOB, which was 388 acres including multi-family and commercial, even jf it does not apply to their property, Chair Rodriguez commented that $250 multiplied by 8 properties equals the amount of money earmarked for this. An option would be to go into the neighborhood, find the eight worst homes and offer to buy materials up to $250 and tell them to fix the property. Ms. Brooks indicated when the CRA had rehab grants for low income families which required no match, and the neighborhood was blanketed with postcards to apply for the funds, no one applied. She further advised a lot was done before it was decided not to 11 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, FL May 10, 2011 do the program again. Chair Rodriguez commented that there would be some residents that would do some repairs and some that would not so the neighborhood would still have some homes that would look the same and as a result there would be no impact. Ms. Brooks and Mr. Buchanan both suggested channeling the funds to the Youth Empowerment Center for their summer programs and possibly have them participate in clean up programs. Mr. Karageorge agreed with Mr. Buchannan and commented he would like to put the budgeted amount toward the YVPP (Youth Violence Prevention Program) for the summer and have them do neighborhood cleanups for a set amount of hours in the HOB. Chair Rodriquez pointed out If the goal was to clean up the whole neighborhood, Youth Empowerment would work best. Mr. Hay agreed and said the impact on the entire community had to be the goal. With the YVPP, the result would be getting the mentality of the youth involved and that would be a long range impact. Motion Mr. Buchanan moved to channel $2,500 to the Youth Empowerment Center and work out a program with them to participate in neighborhood cleanup. Mr. Hay seconded the motion. Chair Rodriguez opened this up to public comment. James Brake, 710 SW 27th Terrace expressed that it was a great idea but brought up another idea about having paint teams with donated paint. If the City Hall was going to be painted that way, why not help families fill out the application for getting donated paint and then the City would have their own donated paint team, empowering the youth to be the paint team or multiple paint teams, cleanup teams, and anti-graffiti teams. With the small amount of money budgeted, it creates an ampliphier effect by putting more people back into it. Chair Rodriguez commented he thought the idea was a good one and suggested when it gets turned over to the Youth Empowerment Board that discussion should come up as to how they will activate it Public comments were closed. The motion passed unanimously. C. Ocean Avenue Projects and Ocean Breeze West Construction Update Michael Simon, Development Director for CRA, provided an update on the Ocean Avenue projects. In hindsight, he advised he had amended his presentation to include 710 North Federal Highway, for an update. In the future, the tenant build out process would be updated as well. In regards to the Ocean Avenue Projects, the Board 12 In the CAN ( CLEAN A NEIGHBORHOOD) . d II Youth Awareness and Clean Up Project for the Heart of Boynton Beach City A project of Boynton Beach Youth Empowerment Center & Boynton eRA "Promoting clean parks and streets" Proposal for $2500.00 Submitted to: Vivian Brooks, CRA Submitted by: Vickie Henderson, YEC Program Director 561-742-6647 hendersonv@bbfl.us OBJECTIVE: To organize a youth groups, volunteers and residents of the community and address the need for cleaner communities and parks. The main goal is to start a program that would hopefully stimulate neighborhood awareness and community involvement. 1. Project Summary . Title In the CAN (Clean A Neighborhood) . Location Heart of Boynton Areas . Budget $2500.00 . Duration 2 days . Target Group Registered participants from the Boynton Beach Youth Empowerment Center between the ages of 13-17. 2. Project Information YEC youth will participate in a two day clean up campaign from 1-3 hours each day. Targeted clean-up areas will consist of one public park, (Sara Sims Park) and Seacrest Blvd from Boynton Beach to Martin Luther King Blvd. Both events will take place Saturdays mornings between 10:00am and 1 :OOpm. Youth will also be required to review any video or resources material recommended by Recreation & Parks Department. 2 dates are estimated for July 2011. 3. Project Goals · Promoting cleaner neighborhoods and parks. . Creating environmental awareness among youth, by involving them in Ecological projects to create green parks and a healthier living environment. 4. Project Outcomes and Results · Create environmental awareness among 35 youth and the general public. · To distribute information to participants on principles of recycling and reusing · To distribute information to help participants identify un-clean parks, streets and communities · To contribute to a cleaner and healthier environment and increase volunteerism for clean ups. 5. In-kind participation The Recreation & Parks will contribute, in-kind, by supplying light tools for trash/debris pick up, gloves and trash bags and removal of trash bags collected. YEC will also contribute in-kind service of center staff to complete project. 6. Budget ---,-,,-~_. I COST ITEM ,,------ I Brochures & Pamphlets : 50.00 j I Gift Cards (Walmart or I , 1225.00 Target) j Refreshments (Light lunch 1600.00 . and drinks) --1100.00 Visor Hats i Supplemental Back to School 1425.00 Items i -1 Misc Expenses j 100.00 i I -------.---- I .-. 2 YEC Staff I In-Kind Logistics- 2 day event ! In-Kind transportation, fuel I In-kind Supplemental Equipment T-Shirts --~~-t In-Kind _____..___.._.__.____,,_.___L_____,,_______~_...__._..._... ._~~=~~~~~~~I COMMENTS. i Youth awareness and ~.~_____~ resource information_ ! $35 for 35 participants -..-...--..--.... i I 2 day event . .. -+-~---_....~.__._---- i i ..~-i Folders, Paper, pens, I encils, Book Ba s Survival kits, puncho's & umbrellas for rain Vans to transport artici ants if needed Gloves, trash bags & rabbers .._---, All participants will wear t- ! I shirts from YEC___~. ~~~<tY~Te~ eRA iI East Side-West Side-Seaside Renaissance eRA BOARD MEETING OF: July 12,2011 I I Consent Agenda I X I Old Business I I New Business I I Legal I Executive Director's Report SUBJECT: Status of Board Direction to Potential Tenants of Jones and Magnuson Properties SUMMARY: At the June 2011 CRA Board meeting, the Board directed the potential tenants to provide CRA staff with certain financial information. Staff followed up with e-mails to the potential tenants (see attached). Neither potential tenant was able to make the deadline to meet the July CRA agenda. Therefore, if the information is received in time for staff to perform a review of the data, the information and staff review will be on the August CRA agenda. FISCAL IMPACT: N/A eRA PLAN, PROGRAM OR PROJECT: Downtown Vision and Master Plan RECOMMENDA TIONS/OPTIONS: Information only. /ld~ Vivian L. Brooks Executive Director T:\AGENDAS, CONSENT AGENDAS. MONTHLY REPORTS\Completed Agenda Item Request Forms by Meeting\FY 2010 - 2011 Board Meetings\7-12-11 Meeting\Status Update on Oscar and Jones tenants.doc PagL Brooks, Vivian From: Simon, Michael Sent: Thursday, June 16, 2011 9:51 AM To: 'soleiI33@aol.com' Cc: Brooks, Vivian Subject: CRA Board request Importance: High Good morning Sandra: Per the direction of the CRA Board at Tuesday's meeting, please provide to staff the following documentation by June 30, 20 II, so that we may have time to review your information for further project/tenant feasibility discussion at the July 12, 2011 eRA Board meeting. 1. Updated business plan with 5 year financial projections including balance sheets, income statements and cash flow statements. 2. Proof of opening and/or operating capital. Acceptable forms of proof can be bank statements, IRA's, 401K's, line of credit, etc. 3. Detailed marketing plan and budget. 4. Detailed list of equipment already owned or that you will be purchasing for the project. 5. Credit report for all principals to be involved in the company (cannot be older than 60 days). Please call me if you have any questions about regarding this request. Thank you. Respectfully, Michael Simon Development Director Boynton Beach eRA 915 S. Federal Highway Boynton Beach, FL 33435 Ofl-(56l) 737-3256 Fax-(56l) 737-3258 simonm@bbfl.us Disclaimer: This E-Mail is covered by the Electronic Communications Privacy Act, 18 U.8.C. SS 2510-2521 and is legally privileged. The information contained in this E-Mail is intended only for use of the individual or entity named above, If the reader of this message is not the intended recipient, or the employee or agent responsible for delivering it to the intended recipient, you are hereby notified that any dissemination, distribution, or copying of this communication is strictly prohibited. If you receive this E-Mail in error, please notify the sender immediately at the phone number above and delete the information from your computer. Please do not copy or use it for any purpose nor disclose its contents to any other person Page 1 of 1 Brooks, Vivian From: Simon, Michael Sent: Thursday, June 16, 2011 9:52 AM To: Jordan Chussler; 'Michael Buckner'; smarbabob@yahoo.com Cc: Brooks, Vivian Importance: High Good morning Jordan, Bucky & Robert: Per the direction of the CRA Board at Tuesday's meeting, please provide to staff the following documentation by June 30, 2011, so that we may have time to review your information for further project feasibility discussions at the July 12, 2011 CRA Board meeting. 1. Updated business plan with 5 year financial projections including balance sheets, income statements and cash flow statements. 2. Proof of opening and/or operating capital. Acceptable forms of proof can be bank statements, IRA's, 40lK's, line of credit, etc. 3. Detailed marketing plan and budget. 4. Detailed list of equipment already owned or that you will be purchasing for the project. 5. Credit report for all principals to be involved in the company (cannot be older than 60 days). Please call me if you have any questions about regarding this request. Thank you. Respectfully, Michael Simon Development Director Boynton Beach eRA 915 S. Federal Highway Boynton Beach, FL 33435 Off-(56l) 737-3256 Fax-(56l) 737-3258 simonm@bbfl.us Disclaimer: This E-Mail is covered by the Electronic Communications Privacy Act, 18 U.S.C. 992510-2521 and is legally privileged. The information contained in this E-Mail is intended only for use of the individual or entity named above. If the reader of this message is not the intended recipient, or the employee or agent responsible for delivering it to the intended recipient, you are hereby notified that any dissemination, distribution, or copying of this communication is strictly prohibited. If you receive this E-Mail in error, please notify the sender immediately at the phone number above and delete the information from your computer. Please do not copy or use it for any purpose nor disclose its contents to any other person 7/7/2011 /If!~'" .'. \ t:':::-' ;1 . . . ~.:' !t' ',. " ,,.-..... '\1.' ~~~~Y~T2~~eRA iI East Side-West Side-Seaside Renaolssance eRA BOARD MEETING OF: July 12, 2011 I I Consent Agenda I I Old Business I X I New Business Legal Other SUBJECT: Florida Redevelopment Association ("FRA") - Annual Conference SUMMARY: . The annual FRA Conference will be held this year on October 19-21, 2011 at the Hilton Hotel in Orlando. . This conference provides up-to-date redevelopment trends and innovative tools for redevelopment agencies and governing bodies throughout the State of Florida . Session topics are listed on the attached and includes topics such as: Tools for Activating Public Spaces; Urban Greenhouses/Gardens/Farmers Markets; Business Incubator Case Studies; Redevelopment Legislation and Case Law. . Pre-conference sessions typically include board governance related topics. . Estimated costs are detailed on the attached spreadsheet at approximately $991.00 per Board member and a total of$6,934 ifall seven Board members attend. . Per CRA Travel Policy (attached), board travel must be approved by the CRA Board. . Funds for this conference are budgeted in FY 201 0-2011. FISCAL IMPACT: General Fund - 01-51010-225 CRA PLAN, PROGRAM OR PROJECT: All CRA Redevelopment Plans RECOMMENDA TIONS: Approve travel to FRA annual conference for all Board members. L//Y~/ Vivian Brooks Executive Director FLORIDA REDEVELOPMENT ASSOCIATION I F orida Redevelopment Association Annual Conference ) Redevelopment in a Changing Economy ... .. . MARK YOUR CALENDAR! October 19-21 . Hilton Orlando www.redevelopment.net T ~ I I Page I of2 Harris, Susan From: Jan Piland [JPiland@flcities.com] Sent: Friday, July 01, 2011 11 :14 AM To: Carol Westmoreland Subject: 2011 Florida Redevelopment Association Annual Conference 011 Florida Redevelopment Annual Conference is all about "Redevelopment in a hanging Economy" and will be loaded with informative and exciting sessions to help I rovide you with up-to-date trends and innovative tools. We are happy to announce that or the conference we will be back at the Hilton Orlando, located at 6001 Destination arkway in Orlando. The sleeping room rate is $149 jnight. + I~~" ;={ Fi!.e ~ ?l\ T""~I\~-R ': $; '& / d A..-'i ession topics will include: Corridor Redevelopment Code Enforcement as Redevelopment Tool Florida's Reusable Energy-Sustainability for Green Urban Greenhouses/Gardens/Farmers Markets Tools for Activating Public Spaces How to Succeed with Business Awareness Marketing How to Write a RFP /Scope Beyond Streetscapes -Complete Streets Innovative Zoning for an Innovative Economy 5 Indispensable p's - ED Programming for CRAs Job Creation thru CRA's: Land Assembly and Facility Development Business Incubators Case Studies Diversity as a Community-Building Tool National Retailer Forum Long Range Planning for Project Funding - pools/loans How to Get People to Get It (on Redevelopment Issues) Negotiating Deals in the Sunshine Redevelopment Legislation and Case Law FAQ on Friday Morning Incentives and Grants What has FRA Done for You? Project Management for Redevelopment Professionals GIS Technology for Redevelopment I f/5/2011 Page 2 of2 2011 FRA Conference Flier If you want to register: 2011 FRA Conference Registration Form If you want to sponsor or exhibit: 2011 FRA Conference Exhibitor and Sponsor Information Please keep your eye on the website for further information as it becomes available. Go to www.redevelopment.net. See you in October! Jan Piland Executive Assistant Florida Redevelopment Association 301 S. Bronough Street, Suite 300 Tallahassee. FL 32301 Direct: 850.701.3622 Operator Assist: 850,222,9684 Fax: 850.222.3806 www.redevelopment.net 7/5/2011 2011 Florida Redevelopment Association Annual Conference October 19-21,2011 - Hilton Orlando Conference Registration Form Please return completed forms and all fees payable to FRA Annual Conference, P.O. Box 1757, Tallahassee, Florida 32302-1757. Payments by Visa or MasterCard only may be faxed to (850) 222-3806 or via e-mail to mhowe@flcities.com. You may download additional forms at www.redevelopment.net. If you have any ques- tions, contact Melanie Howe at (850) 222-9684. All advance registrations must be received by 10/7/11. A separate form is required for each registrant. Full Name: Nickname: Agency Affiliation: Title: Mailing Address: City: (NOTE: If paying by credit card below, please use card billing address) State: _ Zip: Phone: FAX: E-Mail: @ Spouse Name: (Only if purchasing Spouse Registration below.) Payment Must Accompany Each Registration _ Check (Payable to FRA Annual Conference) Credit Card Number Nickname: Visa MasterCard Exp. Date Card Holder's Name Signature Billing Address (if different from above) Registration Type Member Non -Member Sub-Total Full Registration* $295 $375 Wednesday Only** $235 $260 Thursday Only** $250 $275 Guest/Spouse* $220 $250 Total Fees Enclosed: $ Cancellations must be received in writing by October 7, 2011 to entitle registrant to a refund of registration fees. * Full registration and Guest/Spouse registration include all workshops and meal functions scheduled for the conference. NOTE: Guests are defined as spouses, partners or other non-professional relations of conference registrants. Guest registration may not be used for other staff or company representatives. ** One-day registration includes workshops and meal functions scheduled for that day only. EXTRA TICKETS FOR MEALS ARE AVAILABLE BY REQUEST ($25 for lunches, $45 for evening events, $25 for Friday breakfast. See preliminary schedule for times and dates of these functions at www.redevelopment.net.) Special Needs: If you have special physical or dietary needs, please attach a written description to your advance registration. Florida Redevelopment Association 2011 Annual Conference October 19-21, 2011 - Orlando, FL --I I I I Total Each (7 Board Members) Registration Fee $ 295 $ 2,065 Tour Fees ($30) $ 30 $ 210 Hotel $ 173 $ 1,208 Parking ($12/day) $ 36 $ 252 Meals - 3 Days (Est $75/day) $ 225 $ 1,575 Travel & Tolls - Mileage (200 miles each way) $ 204 $ 1 .428 - Tolls (approx. $14 each way) $ 28 $ 196 I Total Estimated Travel Cost $ 991 $ 6,9341 T:\AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS\Completed Agenda Item Request Forms by Meeting\FY 2010 - 2011 Board Meetings\? -12-11 Meeting\FRA Estimated Travel Costs Attachment "A" BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY TRAVEL AND ENTERTAINMENT POLICY Approved travel must adhere to the following guidelines in order to be paid by the Boynton Beach Community Redevelopment Agency ("CRA"): Class A travel: Travel that exceeds twenty-four (24) hours or more away from official headquarters. Class B travel: Travel that does not exceed twenty-four (24) hours but overnight stay from official headquarters is required. Class C travel: Travel for short or day trips (within 50 miles of official headquarters) where the traveler is not away from his official headquarters overnight. Class A and Class B Travel Authorization and Reimbursement Policy A. Prior to Travel: 1. Complete Conference & Travel Request form, Per Diem fonn and submit for approval. A description of the conference, seminar, workshop, meeting with relevant information concerning the locations, dates, costs of the travel must be attached to the Travel Request form. Per Diem rates must exclude all conference meals covered by registration fees. 2. As approved at the October 9, 2007 CRA Board meeting, all travel by CRA Board members must be approved in advance by the CRA Board. 3. Travel expenses shall be limited to those expenses necessarily incurred by travelers in performance of a public purpose authorized by law to be perfonned for the CRA and must be within the limitations prescribed by this policy. 4. Travelers are authorized to use their CRA issued credit card to pay for Class A and Class B expenses, including but not limited to: airfare, hotels, conference fees. All such expenditures must be documented with the original receipt on the Travel Expense report and the Credit Card Reconciliation Form to be completed monthly (see Credit Card Policy). B. Registration: 1. Complete conference registration forms. 2. Submit conference form for payment in advance if necessary. 3. Attach a copy of the registration form and approved Conference & Travel Request form with the request for payment to Finance department. 4. Request per diem fee in advance (subtract all conference meals covered by registration fee). Per Diem rates are: Breakfast - $12.00, Lunch - $15.00, Dinner - $30.00. C. Upon completion of Travel: T:\.IDMINISTRATIVE\Admirustrativc Policy Manual2008\11_Travcl Policy\l_ Travel Policy and Procedures.doc - 2- 1. Complete the Travel Expense Report and/or Petty Cash Request for out-of-pocket expenses. 2. Attach a copy of the approved Conference & Travel Request form, Pet Diem form, credit card receipts and other receipts to the expense report for payment or reimbursemen t. 3. Failure to include credit card receipts will be charged to the staff member personally. 4. Submit to Finance department for verification and approvals. Keep a copy of the travel expense report and related receipts for verification of credit card charges and inclusion of receipt copies as necessary in the monthly Credit Card Reconciliation. D. Travel Approvals and Reimbursable Expenses: 1. Authorized travel is defined in the annual CRA budget as approved by the CRA Board for non-local, local, and regional travel and entertainment expenses related to a public purpose. 2. CRA Board Member travel shall be approved by CRA Board Chair or Vice Chair and Executive Director, and must be approved in advance by the CRA Board at a regularly scheduled meeting. 3. CRA Board members travel expenses may be paid by the Executive Director under authority of Resolution No. 05-15. 4. CRA Board members shall be reimbursed for travel expenses as approved in advance by the CRA Board and upon receipt by the CRA of receipts and documented expenses. CRA Board members will only be reimbursed for actual travel. If expenses have been incurred by the CRA Board member personally, and the CRA Board member does not attend the related conference, workshop or seminar, the CRA will not reimburse such expenses. 5. Executive Director's travel shall be approved by the CRA Chair or Vice Chair. 6. CRA employee travel shall be approved by the Executive Director or Assistant Director and the CRA Chair or Vice Chair. 7. Entertainment expenses are permitted and reimbursable if serving the public purpose and as approved in the annual budget for official CRA business. Entertainment expenses, including but not limited to meals, tickets, or admission to special events, or other functions may be reimbursed subject to approval by the Executive Director or designee. The business purpose, date and location, names of attendees must be 111c1uded with the reimbursement request. 8. Travel and entertainment expenses are only reimbursable with receipts and are not automatic. 9. Personal items are not reimbursable by the CRA. E. Travel Restrictions: 1. Per Diem payments shall be paid only for class A and B travel. Class C travel meals will be reimbursed according to the time travel begins and ends and at no more than the per diem payment for the reimbursable meal (see Class C travel below). 2. Mileage rate reimbursement will only apply if employee does not receive an auto allowance. Please see Finance director regarding most recent mileage rate per IRS and City. T:\AD1UNISTRATIVE\Administrative Policy !l.bnual2008\11_Travd Policy\l_ Travel Policy and Procedures doc ) 3. If a spouse is to attend, all related expenses shall be paid by the employee, and all receipts must be separate or noted separately on the associated receipt(s). The CRA will not pay for any spouse or child costs associated with any conference. All such costs will be paid by the employee separately. 4. Any expenses incurred over the maximum amount approved for breakfast, lunch or dinner will be considered a cost of the employee and not the CRA. Meal rates are $12.00-breakfast, $15.00-lunch and $30.00-dinner. Class C Travel Authori2:ation and Reimbursement PoliQ" A. Class C local travel includes trips to meetings, seminars, errands done on behalf of the CRA and other like job related travel and expenses. B. For local conferences, workshops and seminars, the traveler must complete the Conference & Travel Request form and comply with all procedures for approval and reimbursement of expenses as outlined for Class A & B travel above. C. Employees shall be reimbursed for use of a personal car for CRA business at the current published IRS mileage reimbursement rate in effect when the travel took place. All mileage shall be documented as to the business purpose and mileage on the Mileage Log form. D. The CRA may grant a car allowance in fixed amounts for use of privately owned automobiles on official business in lieu of the reimbursable mileage rate. Allowances granted pursuant to this paragraph shall be reasonable and budgeted, taking into account the customary use of the automobile, the roads customarily traveled, and whether any of the expenses incident to the operation, maintenance, and ownership of the automobile are paid from funds of the CRA or other public funds. Such allowance may be changed at any time. At present the Executive Director and Assistant Director receive a car allowance. All other employees receive a mileage rate for official CRA business. E. Class C travel meals will not be reimbursed on a per diem basis; however the traveler shall be reimbursed for subsistence at local conferences, seminars and workshops as provided below. In no event will the traveler be reimbursed more than the per diem rate for the reimbursable meal. . Breakfast, when local travel begins before 6:00 a.m. and extends beyond 8:00 a.m. . Lunch, when local travel begins before 11 :30 a.m. and extends beyond 2:00 p.m. · Dinner, when travel begins before 6:00 p.m. and extends beyond 8:00 p.m. or when travel occurs during night-time hours due to special assignment. F. No allowance shall be made for meals when travel is confined to the city or town of the official headquarters except reimbursement for entertainment expenses of official business if serving the public purpose and as approved in the annual budget for official CRA business. Entertainment expenses, including but not limited to meals, tickets, or admission to special events, or other functions may be reimbursed subject to approval by T,\ADMINI5TR....TIVE\....dnunistntive Policy MmU21 2008\11_Travel Policy\l_ Travel Policy and Procedure..doc - 4- the Executive Director or designee. The business purpose, date and location, names of attendees must be included with the reimbursement request. G. Employees are authorized to use their CRA issued credit card to pay for Class C expenses. All such expenditures must be documented with the original receipt on the Travel Expense Report and the monthly Credit Card Reconciliation statement. Attached Forms - . Conference & Travel Request (Attachment "B") . Per Diem Request (Attachment "C") . Travel Expense Report (Attachment "D") . Petty Cash Request (Attachment "E") . Mileage Log (Attachment "F") T:\AD~.tINISTIL-\TIVE\.r\dministrative Policy :rvlanua.l2008\11_Travel Policy\l_ Tnvel Policy and Procedures_doc ~ eRA BOARD MEETING OF: July 12,2011 I I Consent Agenda I Old Business I X I New Business Public Hearing Other SUBJECT: Consideration of Retaining Tax Valuation Specialist Consultant to Assist with Marina SUMMARY: . Based on the May 26th preliminary assessment valuations from the Property Appraiser's office, the two Marina parcels for the boat slips and building will have a taxable value of $1.2 million. In 2010 the taxable valuations were zero based on the County's easement restriction and resultant exemptions. . The Property Appraiser has sent a letter (attached) dated June 30, 2011 stating that there will be a partial exemption of 22.15% on one of the parcels only. Staff is in the process of seeking a correction. · Staff believes the valuation is incorrect since (1) the exemption should be on both parcels and (2) a new State law requiring State property appraisers to assess marinas and other working waterfronts based on what the land is being used for and not the highest and best potential use. · The Executive Director is taking a two-pronged approach re the preliminary assessment: (1) working directly with the Property Appraiser, and (2) investigating firms specializing in property tax challenges. · A consultant fee to assist in preparing the Agency's case for a reduction in assessed valuation would be a contingency based fee, typically 30% of the tax savings. A spreadsheet is attached outlining estimated potential fees if a consultant is engaged. The fee could range from $12,000 to a maximum (but unlikely) fee of$19,000. Advantages of hiring a firm specializing in tax challenges is knowledge of associated state and local laws governing valuations and no financial risk if results are not positive for the Agency. FISCAL IMPACT: To be determined CRA PLAN, PROGRAM OR PROJECT: Downtown Master Plan T:IAGENDAS. CONSENT AGENDAS. MONTHLY REPORTSICompleted Agenda Item Request Forms by MeetinglFY 2010 - 2011 Board MeetingsI7.12-11 MeetinglMarina Property Tax Valuation.doc RECOMMENDATIONS: Authorize the Executive Director to retain a tax valuation speCIalist consultant in the event that an agreement cannot he reached with the Property Appraisers office. ~.u_ Vivian rooks, Executive Director T:\AGENDAS, CONSENT AGENDAS, MONTHLY REPORTSIcompleted Agenda Item Request Forms by MeetlnglFY 2010 . 2011 Board Meetlngs"?-1?11 MeetlnglManna Propen! fao. Valuation.doc Katherine Enck, AAS, CMS, CFE Specialized Exemptions Governmental Center - First Floor 301 North Olive Avenue West Palm Beach, Florida 33401 (561)355-4523 Fax: (561)355-4416 Email: kenck@pbcgov.org Gary R. Nikolits, CF A Palm Beach County Property Appraiser June 30, 2011 CERTIFIED MAIL RETURN RECEIPT REQUESTED RECEIVeo JI~~ C 5 2011 1Cm1f01t_ U.A. Boynton Beach Community Redevelopment Agency 915 South Federal Highway Boynton Beach, FL 33435 Municipal Owned Leased Properties taxable for 2011 Dear Sir or Madam, This letter is to advise you that we have reviewed the lease information that has been provided to us and the following leased parcel will be taxable for 2011. WET SLIPS LEASED TO VARIOUS INDIVIDUALS 08-43-45- 27-03-000-0041 The following parcel is partially leased for commercial purposes and partially retained for non- profit use. Therefore it will receive a partial exemption in the amount of 22.15%. WET SLIPS LEASED TO VARIOUS INDIVIDUALS- SPLASHDOWN DIVERS JANET B. HALL 08-43-45-27-03-000-0071 Pursuant to Florida Statute 196.199(4), those governmental owned properties being leased to commercial or for-profit tenants must be taxable. Under Florida Statute, 194.011(3)(d), you have the right to appeal our denial of tax exemption by filing a petition to the Value Adjustment Board. Your petition must be received by our office no later than 30 days from the mailing of this letter. The petition filing deadline is 5:00 p.m. on August 1,2011. You may pick up the petition form in our Main Office at the location provided at the top of this letter. &eX Katherine Enck, AAS, CMS, CFE Specialized Exemptions 2011 Lease Denial 10 ,...., G.l tD r-- N 10 I r--.COJ'<t.CO :::::s I' ..-- 01 0 IgtON;':OlI.>> Cij N OJ ..-- 10 ;""'~C?7~~ I' '<t' N ci > OCO 01 N g~~N~~ G.l Lf) to ...-. I~ C'C. 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