Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Agenda 09-01-22
d BEACK�,,,,,,CRA OWN= COMMU N FTY REDEVELOPMENT AGENCY CRAAdvisory Board Meeting Thursday, September 1, 2022 -6:30 PM City Hall Chambers, 100 E. Ocean Avenue 561-737-3256 ADVISORY BOARD AGENDA AGENDA 1. Call to Order 2. Pledge of Allegiance 3. Roll Call 4. Agenda Approval A. Additions, Deletions, Corrections to the Agenda B. Adoption of Agenda 5. Information Only 6. Public Comment 7. Consent 8. Assignments A. Pending Assignments B. Reports on Pending Assignments C. New Assignments 9. CRA Board Items for CRAAdvisory Board Review and Recommendations A. Old Business 1. Review and Discuss the CRA Funded Current and New Business Promotions and Marketing Events including Strategies to Promote the Marina B. New Business 10. Future Agenda Items 11. Adjournment Notice THE CRA SHALL FURNISH APPROPRIATE AUXILIARY AIDS AND SERVICES WHERE NECESSARY TO AFFORD AN INDIVIDUAL WITHA DISABILITYAN EQUAL OPPORTUNITY TO PARTICIPATE INAND ENJOY THE BENEFITS OF A SERVICE, PROGRAM OR ACTIVITY CONDUCTED BY THE CRA. PLEASE CONTACT THE CRA, (561) 737-3256,AT LEAST 48 HOURS PRIOR TO THE PROGRAM OR ACTIVITY IN ORDER FOR THE CRA TO REASONABLY ACCOMMODATE YOUR REQUEST. ADDITIONAL AGENDA ITEMS MAY BE ADDED SUBSEQUENT TO THE PUBLICATION OF THE AGENDA ON THE CRNS WEBSITE. INFORMATION REGARDING ITEMS ADDED TO THE AGENDAAFTER IT IS PUBLISHED ON THE CRNS WEBSITE CAN BE OBTAINED FROM THE CRA OFFICE. �' i �Y V ` B E AC H !a AGENCYsii C�d R ACOMMUNITY REDEVELOPMENT ADVISORY BOARD ITEM A.1. OLD BUSINESS SUBJECT: Review and Discuss the CRA Funded Current and New Business Promotions and Marketing Events including Strategies to Promote the Marina SUMMARY: At the June 14, 2022 meeting, the CRA Board assigned the CRAB with the task of reviewing current CRA funded business promotional events and researching ideas of different event concepts and marketing strategies to determine if any revisions or alterations could be made to improve the existing efforts. The CRA Board specifically expressed interest in learning about current events that provide an economic impact for businesses, as well as, marine related events that would activate the Boynton Harbor Marina and Intracoastal waterways (see Attachment 1). Some important aspects to consider and documents to review during the research process include: • The Florida Statutes that pertain to the types of projects and expenditures that can be funded by the CRA: - F.S.163.370; Powers; counties and municipalities; community redevelopment agencies (see Attachment II) - F.S.163.387 Redevelopment trust fund (see Paragraph 5(c)of Attachment 111) • The Business Promotional Events that were budgeted and held in FY 2021-2022 (Attachment IV): • Boynton Beach Haunted Pirate Fest& Mermaid Splash • Holiday Boat Parade • Boynton Beach Art Walk • Blarney Bash • Rock the Block • Rock the Plaza • Rock the Marina • Boynton Beach Night Market • The types of events and marketing initiatives that the CRA can fund: • Events and marketing initiatives that support BBCRA businesses with growth, retention, and expansion • Events and marketing initiatives that attract local residents and visitors to the BBCRA area • Events and marketing initiatives that highlight a particular geographical area (i.e. Rock the Plaza) or highlight a particular industry within the BBCRA Area (i.e. Art Walk or Rock the Marina) • Events and marketing initiatives that educate the public about projects and business within the BBCRA area (i.e. ribbon cuttings, ground breakings, and grand openings) • Additional aspects to consider when brainstorming ideas: • What is the intent or purpose for the proposed event? • Does the event further the goals and objectives of the C RA Redevelopment Plan? • Can an economic benefit be clearly identified and measured by providing the event? • Is there a direct benefit to the residents or businesses within the CRA area? • What types of events will support the local business community? • Are there specific locations or designated areas within the CRA area where the event must be held in order to qualify? • What is the cost-benefit associated with the event? • How can the cost be leveraged with other non-CRA funds (e.g. grants, sponsorships, etc.)? • What types of expenses qualify for reimbursement under the budget? For additional guidance regarding protocols, reference the Community Redevelopment Advisory Board Duties, which outlines specific steps that should be followed when completing the assignment (Attachment V). CRA staff recommends CRAB establishing a timeline or target completion date if the resulting recommendations require allocations of funds in future fiscal year budgets. Fiscal year budget planning begins in April of each year. At the August 9, 2022 CRA Board Meeting, the CRA Board gave the Advisory Board two months to complete their research and report back to the CRA Board at the November 9, 2022 monthly meeting. CRA P LAN/P ROJ ECT/PROGRAM: 2016 Boynton Beach Community Redevelopment Plan CRAAB RECOMMENDATION: To be determined by the Board. ATTACHMENTS: Description D Attachment I -June 14, 2022 C RA Board Meeting M inutes D Attachment II - Florida State Statute 163-370 D Attachment III - Florida State Statute 163-387 D Attachment IV - FY 21-22 Business Promotional Events Budget Attachment V - May 10, 2016 Community Redevelopment Advisory Board Duties Memo Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida June 14, 2022 Attorney Rossmell explained that under the lease, the CRA owns and can control 150 public spaces, so if the CRA wanted to lease those spaces or mark them for a particular use, they could. Board Member Kelley queried how the public parking and the employee parking spaces would be marked and noted that the GRA does not enforce parking. She did not want the Board to cause complaints about parking. Mr. Bonilla responded that they will try to figure out enforcement and work with City to reserve the 20 spaces. Once the project is built, Affiliated will then reallocate the spaces to Two Georges in perpetuity. Board Member Hay further questioned that if leased out, how would they determine the cost per parking space, or if they will charge at all. Ms. Shutt replied that the Board can direct staff and Legal to develop a lease agreement. Chair Penserga requested that they approach Hyperion first to minimize impact and try to work out a deal with them because public parking spaces are very much needed by the community. C. Consideration of Changing the Start Time for the CRA Board Meetings Motion Board Member Hay moved to change the meeting time to 6 p.m, Board Member Kelley seconded the motion. The motion passed unanimously. Chair Penserga announced the meeting time was changed to 6 p.m. to be consistent with the City Commission meetings. D. Discussion and Consideration of Direction and Assignments for CRA Advisory Board Ms. Shutt presented the item and explained that they are approaching the budget hearings. She advised that in the past, the Board has given the CRA Advisory Board items to review and there are new Board Members eager and willing to serve. She asked if the Board wanted to provide parameters regarding new assignments and if the Board wants them to look at new assignments and/or make budget recommendations for the CRA Board to review. Chair Penserga stated that he supports the Advisory Board reviewing and providing advice on the budget and reviewing terms of any major development contracts when available. Vice Chair Cruz inquired if the Advisory Board would review LOI's and learned that can be done on a case-by-case basis as many of the LOl's vary. 11 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida June 14, 2022 Chair Penserga favored, if assigning something to the Advisory Board, that it be meaningful. Board Member Turkin mentioned the CRA should use the Marina more and focus on events on the Intracoastal. Ms. Shutt replied that they are reviewing those very issues with the Dockmaster. She expounded that it would be a broader research assignment to work with City staff on bigger events, but the CRA cannot fund those events and it would be better if they work with Parks and Recreation Department and the City Commission as well as CRA promotional events. Board Member Kelley thought that they have set things and activities and wondered if they could use the CRA Advisory Board to brainstorm for potential new events, advertising ideas and thinking of creative ways to market them. Chair Penserga offered that he liked both ideas, but noted it has to do with events the GRA can actually fund. He also suggested that the Advisory Board think about new and current events to help determine which current events are effective in driving economics. Board Member Hay mentioned that he liked brainstorming, but that he did not want an extra layer for perhaps an LOI as there would be an issue with exposure and he thought the Board should avoid that. After brief discussion, there was consensus the Advisory Board can review events and brainstorm. Ms. Shutt explained that in the past, the first forum for presentation would be the CRA Board and once the terms and conditions are memorialized in an agreement, the Board usually assigns it to the CRA Advisory Board to review. The Board can direct staff that future competitive LOI's go to the Board first and then the Board can decide the level of Advisory Board involvement. Chair Penserga opened Public Comment. Susan Oyer, 140 SE 27th Way, stated that she was fine with what the Board was doing with the CRA Advisory Board, but thought that the Board was taking power away from the Advisory Boards. She stated that the Board never does what the Planning and Development Board recommends because they had dinner with a developer or hung out with them or they donated to their campaign, and the Board always does what the developer wants, not what the public wants. She asked when the Board would have members of the public on the CRA Board, which was supposed to be a public board. She complained the City Commission does the same. She suggested the Board look at all the Boards and give them their power back. No one else coming forward, Public Comments was closed. 12 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida June 14, 2022 Ms. Shutt commented that there is a standard how the agendas are done with respect to the CRA Board and Advisory Board. The City Commission adopted a resolution how the matters will be handled. Chair Penserga responded that they can address this at the appropriate time. There was sufficient consensus for staff regarding this item. E. Discussion and Consideration of Letters of Intent for the CRA-awned Property located at 401-411 E. Boynton Beach Boulevard Tim Tack, Assistant Director, presented the item as contained on the meeting materials. He detailed that the CRA received a LOI from Millspring Property for the purchase of the 401-411 properties for$630K. He elaborated Stephen Miller, President, wants to use this as a commercial location for Strong Heart Foundation, whose mission is to raise awareness of undiagnosed high blood pressure and atrial fibrillation and another use, which is recycling bottles, which is coordinated with the Lord's Place Re-entry programs. Mr. Tack added that if approved, Mr. Miller would pursue acquisition of the property at 413 E. Boynton Beach Boulevard, which would complete their property assemblage. Mr. Tack also conveyed that on June 3rd, the CRA received another LOI from the United States Postal Service, (USPS) since their current building was sold and they need to relocate its retail operations near its current location. Mr. Tack reviewed the terms and the Board's five options as contained in the meeting materials. Mr. Hancock gave a brief overview of their LOI and explained that their goal is to have a retail presence as near to their current location as possible. They are not looking to be part of, or tied into a larger development and this site would not be connected to the current location. He explained it is a stand-alone proposal to lease the space for a new Post Office. Mr. Hancock explained that they would take the shell building and build it out to be used as a long-term retail facility. They also have a postal carrier component to fill at another location so approvals and timelines for this project are more complicated. They would forward any interest or approvals to the USPS for their approval process once the CRA shows interest. (Vice Chair Cruz left the dais at 7:41 p.m.) Mr. Miller announced that he has been a nurse for 40 years and he has been in business for 15 years in the medical industry, which led to him expanding and strengthening the Strong Heart Foundation. He noted that many in lower income communities do not have regular medical check-ups. Strong Heart Foundation would purchase and provide barber shops and hair salons with automated blood pressure cuffs and heart rhythm monitors, which can identify atrial fibrillation, which people usually do not know they have. The building would also serve as a store front to recycle and repurpose bottles, which they coordinate with the Lord's Place. The construction side of this could be done in different buildings as the two buildings are zoned differently. The Strong Heart Foundation would 13 7/20/22, 12:01 PM Statutes&Constitution :View Statutes:Online Sunshine Select Year: 2021 v Go The 2021 Florida Statutes Title XI Chapter 163 View Entire COUNTY ORGANIZATION AND INTERGOVERNMENTAL INTERGOVERNMENTAL Chapter RELATIONS PROGRAMS 163.370 Powers; counties and municipalities; community redevelopment agencies.— (1) Counties and municipalities may not exercise the power of eminent domain for the purpose of preventing or eliminating a slum area or blighted area as defined in this part; however, counties and municipalities may acquire property by eminent domain within a community redevelopment area, subject to the limitations set forth in ss. 73.013 and 73.014 or other general law. (2) Every county and municipality shall have all the powers necessary or convenient to carry out and effectuate the purposes and provisions of this part, including the following powers in addition to others herein granted: (a) To make and execute contracts and other instruments necessary or convenient to the exercise of its powers under this part. (b) To disseminate slum clearance and community redevelopment information. (c) To undertake and carry out community redevelopment and related activities within the community redevelopment area, which may include: 1. Acquisition of property within a slum area or a blighted area by purchase, lease, option, gift, grant, bequest, devise, or other voluntary method of acquisition. 2. Demolition and removal of buildings and improvements. 3. Installation, construction, or reconstruction of streets, utilities, parks, playgrounds, public areas of major hotels that are constructed in support of convention centers, including meeting rooms, banquet facilities, parking garages, lobbies, and passageways, and other improvements necessary for carrying out in the community redevelopment area the community redevelopment objectives of this part in accordance with the community redevelopment plan. 4. Disposition of any property acquired in the community redevelopment area at its fair value as provided in s. 163.380 for uses in accordance with the community redevelopment plan. 5. Carrying out plans for a program of voluntary or compulsory repair and rehabilitation of buildings or other improvements in accordance with the community redevelopment plan. 6. Acquisition by purchase, lease, option, gift, grant, bequest, devise, or other voluntary method of acquisition of real property in the community redevelopment area which, under the community redevelopment plan, is to be repaired or rehabilitated for dwelling use or related facilities, repair or rehabilitation of the structures for guidance purposes, and resale of the property. 7. Acquisition by purchase, lease, option, gift, grant, bequest, devise, or other voluntary method of acquisition of any other real property in the community redevelopment area when necessary to eliminate unhealthful, unsanitary, or unsafe conditions; lessen density; eliminate obsolete or other uses detrimental to the public welfare; or otherwise to remove or prevent the spread of blight or deterioration or to provide land for needed public facilities. 8. Acquisition, without regard to any requirement that the area be a slum or blighted area, of air rights in an area consisting principally of land in highways, railway or subway tracks, bridge or tunnel entrances, or other similar facilities which have a blighting influence on the surrounding area and over which air rights sites are to be www.leg.state.fl.us/statutes/index.cfm?mode=View Statutes&SubMenu=1&App_mode=Display_Statute&Search_String=163.370&URL=0100-0199/01... 1/4 7/20/22, 12:01 PM Statutes&Constitution :View Statutes:Online Sunshine developed for the elimination of such blighting influences and for the provision of housing (and related facilities and uses) designed specifically for, and limited to, families and individuals of low or moderate income. 9. Acquisition by purchase, lease, option, gift, grant, bequest, devise, or other voluntary method of acquisition of property in unincorporated enclaves surrounded by the boundaries of a community redevelopment area when it is determined necessary by the agency to accomplish the community redevelopment plan. 10. Construction of foundations and platforms necessary for the provision of air rights sites of housing (and related facilities and uses) designed specifically for, and limited to, families and individuals of low or moderate income. (d) To provide, or to arrange or contract for, the furnishing or repair by any person or agency, public or private, of services, privileges, works, streets, roads, public utilities, or other facilities for or in connection with a community redevelopment; to install, construct, and reconstruct streets, utilities, parks, playgrounds, and other public improvements; and to agree to any conditions that it deems reasonable and appropriate which are attached to federal financial assistance and imposed pursuant to federal law relating to the determination of prevailing salaries or wages or compliance with labor standards, in the undertaking or carrying out of a community redevelopment and related activities, and to include in any contract let in connection with such redevelopment and related activities provisions to fulfill such of the conditions as it deems reasonable and appropriate. (e) Within the community redevelopment area: 1. To enter into any building or property in any community redevelopment area in order to make inspections, surveys, appraisals, soundings, or test borings and to obtain an order for this purpose from a court of competent jurisdiction in the event entry is denied or resisted. 2. To acquire by purchase, lease, option, gift, grant, bequest, devise, or other voluntary method of acquisition any personal or real property, together with any improvements thereon. 3. To hold, improve, clear, or prepare for redevelopment any such property. 4. To mortgage, pledge, hypothecate, or otherwise encumber or dispose of any real property. 5. To insure or provide for the insurance of any real or personal property or operations of the county or municipality against any risks or hazards, including the power to pay premiums on any such insurance. 6. To enter into any contracts necessary to effectuate the purposes of this part. 7. To solicit requests for proposals for redevelopment of parcels of real property contemplated by a community redevelopment plan to be acquired for redevelopment purposes by a community redevelopment agency and, as a result of such requests for proposals, to advertise for the disposition of such real property to private persons pursuant to s. 163.380 prior to acquisition of such real property by the community redevelopment agency. (f) To invest any community redevelopment funds held in reserves or sinking funds or any such funds not required for immediate disbursement in property or securities in which savings banks may legally invest funds subject to their control and to redeem such bonds as have been issued pursuant to s. 163.385 at the redemption price established therein or to purchase such bonds at less than redemption price, all such bonds so redeemed or purchased to be canceled. (g) To borrow money and to apply for and accept advances, loans, grants, contributions, and any other form of financial assistance from the Federal Government or the state, county, or other public body or from any sources, public or private, for the purposes of this part and to give such security as may be required and to enter into and carry out contracts or agreements in connection therewith; and to include in any contract for financial assistance with the Federal Government for or with respect to community redevelopment and related activities such conditions imposed pursuant to federal laws as the county or municipality deems reasonable and appropriate which are not inconsistent with the purposes of this part. (h) To make or have made all surveys and plans necessary to the carrying out of the purposes of this part; to contract with any person, public or private, in making and carrying out such plans; and to adopt or approve, modify, and amend such plans, which plans may include, but are not limited to: 1. Plans for carrying out a program of voluntary or compulsory repair and rehabilitation of buildings and improvements. www.leg.state.fl.us/statutes/index.cfm?mode=View Statutes&SubMenu=1&App_mode=Display_Statute&Search_String=163.370&URL=0100-0199/01... 2/4 7/20/22, 12:01 PM Statutes&Constitution :View Statutes:Online Sunshine 2. Plans for the enforcement of state and local laws, codes, and regulations relating to the use of land and the use and occupancy of buildings and improvements and to the compulsory repair, rehabilitation, demolition, or removal of buildings and improvements. 3. Appraisals, title searches, surveys, studies, and other plans and work necessary to prepare for the undertaking of community redevelopment and related activities. (i) To develop, test, and report methods and techniques, and carry out demonstrations and other activities, for the prevention and the elimination of slums and urban blight and developing and demonstrating new or improved means of providing housing for families and persons of low income. (j) To apply for, accept, and utilize grants of funds from the Federal Government for such purposes. (k) To prepare plans for and assist in the relocation of persons (including individuals, families, business concerns, nonprofit organizations, and others) displaced from a community redevelopment area and to make relocation payments to or with respect to such persons for moving expenses and losses of property for which reimbursement or compensation is not otherwise made, including the making of such payments financed by the Federal Government. (l) To appropriate such funds and make such expenditures as are necessary to carry out the purposes of this part; to zone or rezone any part of the county or municipality or make exceptions from building regulations; and to enter into agreements with a housing authority, which agreements may extend over any period, notwithstanding any provision or rule of law to the contrary, respecting action to be taken by such county or municipality pursuant to any of the powers granted by this part. (m) To close, vacate, plan, or replan streets, roads, sidewalks, ways, or other places and to plan or replan any part of the county or municipality. (n) To organize, coordinate, and direct the administration of the provisions of this part, as they may apply to such county or municipality, in order that the objective of remedying slum and blighted areas and preventing the causes thereof within such county or municipality may be most effectively promoted and achieved and to establish such new office or offices of the county or municipality or to reorganize existing offices in order to carry out such purpose most effectively. (o) To develop and implement community policing innovations. (3) The following projects may not be paid for or financed by increment revenues: (a) Construction or expansion of administrative buildings for public bodies or police and fire buildings, unless each taxing authority agrees to such method of financing for the construction or expansion, or unless the construction or expansion is contemplated as part of a community policing innovation. (b) Installation, construction, reconstruction, repair, or alteration of any publicly owned capital improvements or projects if such projects or improvements were scheduled to be installed, constructed, reconstructed, repaired, or altered within 3 years of the approval of the community redevelopment plan by the governing body pursuant to a previously approved public capital improvement or project schedule or plan of the governing body which approved the community redevelopment plan unless and until such projects or improvements have been removed from such schedule or plan of the governing body and 3 years have elapsed since such removal or such projects or improvements were identified in such schedule or plan to be funded, in whole or in part, with funds on deposit within the community redevelopment trust fund. (c) General government operating expenses unrelated to the planning and carrying out of a community redevelopment plan. (4) With the approval of the governing body, a community redevelopment agency may: (a) Prior to approval of a community redevelopment plan or approval of any modifications of the plan, acquire real property in a community redevelopment area by purchase, lease, option, gift, grant, bequest, devise, or other voluntary method of acquisition; demolish and remove any structures on the property; and pay all costs related to the acquisition, demolition, or removal, including any administrative or relocation expenses. (b) Assume the responsibility to bear any loss that may arise as the result of the exercise of authority under this subsection, in the event that the real property is not made part of the community redevelopment area. www.leg.state.fl.us/statutes/index.cfm?mode=View Statutes&SubMenu=1&App_mode=Display_Statute&Search_String=163.370&URL=0100-0199/01... 3/4 7/20/22, 12:01 PM Statutes&Constitution :View Statutes:Online Sunshine (5) A community redevelopment agency shall procure all commodities and services under the same purchasing processes and requirements that apply to the county or municipality that created the agency. History.—s. 9, ch. 69-305; s. 7, ch. 77-391; s. 11, ch. 84-356; s. 7, ch. 93-286; s. 8, ch. 94-236; s. 8, ch. 98-314; s. 10, ch. 2006-11; s. 6, ch. 2006-307; s. 9, ch. 2007-5; s. 4, ch. 2019-163. Copyright ©1995-2022 The Florida Legislature • Privacy Statement • Contact Us www.leg.state.fl.us/statutes/index.cfm?mode=View Statutes&SubMenu=1&App_mode=Display_Statute&Search_String=163.370&URL=0100-0199/01... 4/4 7/20/22, 12:05 PM Statutes&Constitution :View Statutes:Online Sunshine 01 i'n,I in e Select Year: 2021 v Go The 2021 Florida Statutes Title XI Chapter 163 View Entire COUNTY ORGANIZATION AND INTERGOVERNMENTAL INTERGOVERNMENTAL Chapter RELATIONS PROGRAMS 163.387 Redevelopment trust fund.— (1)(a) After approval of a community redevelopment plan, there may be established for each community redevelopment agency created under s. 163.356 a redevelopment trust fund. Funds allocated to and deposited into this fund shall be used by the agency to finance or refinance any community redevelopment it undertakes pursuant to the approved community redevelopment plan. No community redevelopment agency may receive or spend any increment revenues pursuant to this section unless and until the governing body has, by ordinance, created the trust fund and provided for the funding of the redevelopment trust fund until the time certain set forth in the community redevelopment plan as required by s. 163.362(10). Such ordinance may be adopted only after the governing body has approved a community redevelopment plan. The annual funding of the redevelopment trust fund shall be in an amount not less than that increment in the income, proceeds, revenues, and funds of each taxing authority derived from or held in connection with the undertaking and carrying out of community redevelopment under this part. Such increment shall be determined annually and shall be that amount equal to 95 percent of the difference between: 1. The amount of ad valorem taxes levied each year by each taxing authority, exclusive of any amount from any debt service millage, on taxable real property contained within the geographic boundaries of a community redevelopment area; and 2. The amount of ad valorem taxes which would have been produced by the rate upon which the tax is levied each year by or for each taxing authority, exclusive of any debt service millage, upon the total of the assessed value of the taxable real property in the community redevelopment area as shown upon the most recent assessment roll used in connection with the taxation of such property by each taxing authority prior to the effective date of the ordinance providing for the funding of the trust fund. However, the governing body may, in the ordinance providing for the funding of a trust fund established with respect to any community redevelopment area, determine that the amount to be funded by each taxing authority annually shall be less than 95 percent of the difference between subparagraphs 1. and 2., but in no event shall such amount be less than 50 percent of such difference. (b)1. For any governing body that has not authorized by June 5, 2006, a study to consider whether a finding of necessity resolution pursuant to s. 163.355 should be adopted, has not adopted a finding of necessity resolution pursuant to s. 163.355 by March 31, 2007, has not adopted a community redevelopment plan by June 7, 2007, and was not authorized to exercise community redevelopment powers pursuant to a delegation of authority under s. 163.410 by a county that has adopted a home rule charter, the amount of tax increment to be contributed by any taxing authority shall be limited as follows: a. If a taxing authority imposes a millage rate that exceeds the millage rate imposed by the governing body that created the trust fund, the amount of tax increment to be contributed by the taxing authority imposing the higher millage rate shall be calculated using the millage rate imposed by the governing body that created the trust fund. Nothing shall prohibit any taxing authority from voluntarily contributing a tax increment at a higher rate for www.leg.state.fl.us/statutes/index.cfm?mode=View Statutes&SubMenu=1&App_mode=Display_Statute&Search_String=1 63.387&URL=01 00-0199/01... 1/5 7/20/22, 12:05 PM Statutes&Constitution :View Statutes:Online Sunshine a period of time as specified by interlocal agreement between the taxing authority and the community redevelopment agency. b. At any time more than 24 years after the fiscal year in which a taxing authority made its first contribution to a redevelopment trust fund, by resolution effective no sooner than the next fiscal year and adopted by majority vote of the taxing authority's governing body at a public hearing held not less than 30 or more than 45 days after written notice by registered mail to the community redevelopment agency and published in a newspaper of general circulation in the redevelopment area, the taxing authority may limit the amount of increment contributed by the taxing authority to the redevelopment trust fund to the amount of increment the taxing authority was obligated to contribute to the redevelopment trust fund in the fiscal year immediately preceding the adoption of such resolution, plus any increase in the increment after the adoption of the resolution computed using the taxable values of any area which is subject to an area reinvestment agreement. As used in this subparagraph, the term "area reinvestment agreement" means an agreement between the community redevelopment agency and a private party, with or without additional parties, which provides that the increment computed for a specific area shall be reinvested in services or public or private projects, or both, including debt service, supporting one or more projects consistent with the community redevelopment plan that is identified in the agreement to be constructed within that area. Any such reinvestment agreement must specify the estimated total amount of public investment necessary to provide the projects or services, or both, including any applicable debt service. The contribution to the redevelopment trust fund of the increase in the increment of any area that is subject to an area reinvestment agreement following the passage of a resolution as provided in this sub-subparagraph shall cease when the amount specified in the area reinvestment agreement as necessary to provide the projects or services, or both, including any applicable debt service, has been invested. 2. For any community redevelopment agency that was not created pursuant to a delegation of authority under s. 163.410 by a county that has adopted a home rule charter and that modifies its adopted community redevelopment plan after October 1, 2006, in a manner that expands the boundaries of the redevelopment area, the amount of increment to be contributed by any taxing authority with respect to the expanded area shall be limited as set forth in sub-subparagraphs 1.a. and b. (2)(a) Except for the purpose of funding the trust fund pursuant to subsection (3), upon the adoption of an ordinance providing for funding of the redevelopment trust fund as provided in this section, each taxing authority shall, by January 1 of each year, appropriate to the trust fund for so long as any indebtedness pledging increment revenues to the payment thereof is outstanding (but not to exceed 30 years) a sum that is no less than the increment as defined and determined in subsection (1) or paragraph (3)(b) accruing to such taxing authority. If the community redevelopment plan is amended or modified pursuant to s. 163.361(1), each such taxing authority shall make the annual appropriation for a period not to exceed 30 years after the date the governing body amends the plan but no later than 60 years after the fiscal year in which the plan was initially approved or adopted. However, for any agency created on or after July 1, 2002, each taxing authority shall make the annual appropriation for a period not to exceed 40 years after the fiscal year in which the initial community redevelopment plan is approved or adopted. (b) Any taxing authority that does not pay the increment revenues to the trust fund by January 1 shall pay to the trust fund an amount equal to 5 percent of the amount of the increment revenues and shall pay interest on the amount of the unpaid increment revenues equal to 1 percent for each month the increment is outstanding, provided the agency may waive such penalty payments in whole or in part. (c) The following public bodies or taxing authorities are exempt from paragraph (a): 1. A special district that levies ad valorem taxes on taxable real property in more than one county. 2. A special district for which the sole available source of revenue the district has the authority to levy is ad valorem taxes at the time an ordinance is adopted under this section. However, revenues or aid that may be dispensed or appropriated to a district as defined in s. 388.011 at the discretion of an entity other than such district shall not be deemed available. 3. A library district, except a library district in a jurisdiction where the community redevelopment agency had validated bonds as of April 30, 1984. www.leg.state.fl.us/statutes/index.cfm?mode=View Statutes&SubMenu=1&App_mode=Display_Statute&Search_String=1 63.387&URL=01 00-0199/01... 2/5 7/20/22, 12:05 PM Statutes&Constitution :View Statutes:Online Sunshine 4. A neighborhood improvement district created under the Safe Neighborhoods Act. 5. A metropolitan transportation authority. 6. A water management district created under s. 373.069. 7. For a community redevelopment agency created on or after July 1, 2016, a hospital district that is a special district as defined in s. 189.012. (d)1. A local governing body that creates a community redevelopment agency under s. 163.356 may exempt from paragraph (a) a special district that levies ad valorem taxes within that community redevelopment area. The local governing body may grant the exemption either in its sole discretion or in response to the request of the special district. The local governing body must establish procedures by which a special district may submit a written request to be exempted from paragraph (a). 2. In deciding whether to deny or grant a special district's request for exemption from paragraph (a), the local governing body must consider: a. Any additional revenue sources of the community redevelopment agency which could be used in lieu of the special district's tax increment. b. The fiscal and operational impact on the community redevelopment agency. c. The fiscal and operational impact on the special district. d. The benefit to the specific purpose for which the special district was created. The benefit to the special district must be based on specific projects contained in the approved community redevelopment plan for the designated community redevelopment area. e. The impact of the exemption on incurred debt and whether such exemption will impair any outstanding bonds that have pledged tax increment revenues to the repayment of the bonds. f. The benefit of the activities of the special district to the approved community redevelopment plan. g. The benefit of the activities of the special district to the area of operation of the local governing body that created the community redevelopment agency. 3. The local governing body must hold a public hearing on a special district's request for exemption after public notice of the hearing is published in a newspaper having a general circulation in the county or municipality that created the community redevelopment area. The notice must describe the time, date, place, and purpose of the hearing and must identify generally the community redevelopment area covered by the plan and the impact of the plan on the special district that requested the exemption. 4. If a local governing body grants an exemption to a special district under this paragraph, the local governing body and the special district must enter into an interlocal agreement that establishes the conditions of the exemption, including, but not limited to, the period of time for which the exemption is granted. 5. If a local governing body denies a request for exemption by a special district, the local governing body shall provide the special district with a written analysis specifying the rationale for such denial. This written analysis must include, but is not limited to, the following information: a. A separate, detailed examination of each consideration listed in subparagraph 2. b. Specific examples of how the approved community redevelopment plan will benefit, and has already benefited, the purpose for which the special district was created. 6. The decision to either deny or grant an exemption must be made by the local governing body within 120 days after the date the written request was submitted to the local governing body pursuant to the procedures established by such local governing body. (3)(a) Notwithstanding the provisions of subsection (2), the obligation of the governing body which established the community redevelopment agency to fund the redevelopment trust fund annually shall continue until all loans, advances, and indebtedness, if any, and interest thereon, of a community redevelopment agency incurred as a result of redevelopment in a community redevelopment area have been paid. (b) Alternate provisions contained in an interlocal agreement between a taxing authority and the governing body that created the community redevelopment agency may supersede the provisions of this section with respect to that taxing authority. The community redevelopment agency may be an additional party to any such agreement. www.leg.state.fl.us/statutes/index.cfm?mode=View Statutes&SubMenu=1&App_mode=Display_Statute&Search_String=1 63.387&URL=01 00-0199/01... 3/5 7/20/22, 12:05 PM Statutes&Constitution :View Statutes:Online Sunshine (4) The revenue bonds and notes of every issue under this part are payable solely out of revenues pledged to and received by a community redevelopment agency and deposited to its redevelopment trust fund. The lien created by such bonds or notes shall not attach until the increment revenues referred to herein are deposited in the redevelopment trust fund at the times, and to the extent that, such increment revenues accrue. The holders of such bonds or notes have no right to require the imposition of any tax or the establishment of any rate of taxation in order to obtain the amounts necessary to pay and retire such bonds or notes. (5) Revenue bonds issued under the provisions of this part shall not be deemed to constitute a debt, liability, or obligation of the public body or the state or any political subdivision thereof, or a pledge of the faith and credit of the public body or the state or any political subdivision thereof, but shall be payable solely from the revenues provided therefor. All such revenue bonds shall contain on the face thereof a statement to the effect that the agency shall not be obligated to pay the same or the interest thereon except from the revenues of the community redevelopment agency held for that purpose and that neither the faith and credit nor the taxing power of the governing body or of the state or of any political subdivision thereof is pledged to the payment of the principal of, or the interest on, such bonds. (6) Effective October 1, 2019, moneys in the redevelopment trust fund may be expended for undertakings of a community redevelopment agency as described in the community redevelopment plan only pursuant to an annual budget adopted by the board of commissioners of the community redevelopment agency and only for the purposes specified in paragraph (c). (a) Except as otherwise provided in this subsection, a community redevelopment agency shall comply with the requirements of s. 189.016. (b) A community redevelopment agency created by a municipality shall submit its annual budget to the board of county commissioners for the county in which the agency is located within 10 days after the adoption of such budget and submit amendments of its annual budget to the board of county commissioners within 10 days after the adoption date of the amended budget. (c) The annual budget of a community redevelopment agency may provide for payment of the following expenses: 1. Administrative and overhead expenses directly or indirectly necessary to implement a community redevelopment plan adopted by the agency. 2. Expenses of redevelopment planning, surveys, and financial analysis, including the reimbursement of the governing body or the community redevelopment agency for such expenses incurred before the redevelopment plan was approved and adopted. 3. The acquisition of real property in the redevelopment area. 4. The clearance and preparation of any redevelopment area for redevelopment and relocation of site occupants within or outside the community redevelopment area as provided in s. 163.370. 5. The repayment of principal and interest or any redemption premium for loans, advances, bonds, bond anticipation notes, and any other form of indebtedness. 6. All expenses incidental to or connected with the issuance, sale, redemption, retirement, or purchase of bonds, bond anticipation notes, or other form of indebtedness, including funding of any reserve, redemption, or other fund or account provided for in the ordinance or resolution authorizing such bonds, notes, or other form of indebtedness. 7. The development of affordable housing within the community redevelopment area. 8. The development of community policing innovations. 9. Expenses that are necessary to exercise the powers granted under s. 163.370, as delegated under s. 163.358. (7) On the last day of the fiscal year of the community redevelopment agency, any money which remains in the trust fund after the payment of expenses pursuant to subsection (6) for such year shall be: (a) Returned to each taxing authority which paid the increment in the proportion that the amount of the payment of such taxing authority bears to the total amount paid into the trust fund by all taxing authorities for that year; www.leg.state.fl.us/statutes/index.cfm?mode=View Statutes&SubMenu=1&App_mode=Display_Statute&Search_String=1 63.387&URL=01 00-0199/01... 4/5 7/20/22, 12:05 PM Statutes&Constitution :View Statutes:Online Sunshine (b) Used to reduce the amount of any indebtedness to which increment revenues are pledged; (c) Deposited into an escrow account for the purpose of later reducing any indebtedness to which increment revenues are pledged; or (d) Appropriated to a specific redevelopment project pursuant to an approved community redevelopment plan. The funds appropriated for such project may not be changed unless the project is amended, redesigned, or delayed, in which case the funds must be reappropriated pursuant to the next annual budget adopted by the board of commissioners of the community redevelopment agency. (8)(a) Each community redevelopment agency with revenues or a total of expenditures and expenses in excess of $100,000, as reported on the trust fund financial statements, shall provide for a financial audit each fiscal year by an independent certified public accountant or firm. Each financial audit conducted pursuant to this subsection must be conducted in accordance with rules for audits of local governments adopted by the Auditor General. (b) The audit report must: 1. Describe the amount and source of deposits into, and the amount and purpose of withdrawals from, the trust fund during such fiscal year and the amount of principal and interest paid during such year on any indebtedness to which increment revenues are pledged and the remaining amount of such indebtedness. 2. Include financial statements identifying the assets, liabilities, income, and operating expenses of the community redevelopment agency as of the end of such fiscal year. 3. Include a finding by the auditor as to whether the community redevelopment agency is in compliance with subsections (6) and (7). (c) The audit report for the community redevelopment agency must accompany the annual financial report submitted by the county or municipality that created the agency to the Department of Financial Services as provided in s. 218.32, regardless of whether the agency reports separately under that section. (d) The agency shall provide a copy of the audit report to each taxing authority. History.—s. 11, ch. 77-391; s. 78, ch. 79-400; s. 9, ch. 83-231; s. 15, ch. 84-356; s. 27, ch. 87-224; s. 35, ch. 91-45; s. 4, ch. 93-286; s. 10, ch. 94-236; s. 1, ch. 94-344; s. 10, ch. 98-314; s. 8, ch. 2002-18; s. 8, ch. 2002-294; s. 7, ch. 2006-307; s. 1, ch. 2016-155; s. 8, ch. 2019-163. Copyright ©1995-2022 The Florida Legislature • Privacy Statement • Contact Us www.leg.state.fl.us/statutes/index.cfm?mode=View Statutes&SubMenu=1&App_mode=Display_Statute&Search_String=163.387&URL=0100-0199/01... 5/5 N H 00 O O O O O O O O O O O 00 N w 00 O 000 OOO 000 O 00 NVe O O O O ti ti OLf) Lf) 000 O 00 p L L O N Rf CG N cM W W 00 M N N N IRT � 61} r � <A r MEf} to 41 O m <A } N a) LL a ) m f +�+ a >+ © w N a m 3 C c- > ++ > ++ > m CV 06 CN N w F- © w Q i D � N w +� O N N © N N D Q N D N F- m L O N N N ( C6 a) ++ r N Lam+ Q �' C4 N O a) H U LL a- z Q O cu cu Q w © ?, U LL a) Z N w C 0 >' cu >, N � U 70 70 cV >; -C a O oa M L ; w I U) - cn m N Z � zQ O � 0 Cn zLL2 O 0 m a 70 C: cuw cu 2 L m (DN N LU CL aco Q > -J a N o ~ Q i > m a c6 , Z m p aa) m Q o >- c6 w a o LU 0 a O � w � w a� = a C: m w Z w -0 cu } cu ? O Y CU 0 � mpw OJCU V � Jw � 0 OOZ2 � � ) omo0 �OQ CY O Z � c6 2 — a� U O U) m W 00 O O O O O O O O O O O O O P 00 O 00 000 000 O m W O Lf) Lf) O 00 000 000 O O O ti � 0m 0 R Rf T-:, mti L6 Cl ao L6 o cca ti T-- 41 N « N N61} N M6} M f• TMI LID 0 � to to to to to to to to Ef? 6} W � E4 6a. ti 0) N ; �V � 0 CD m ) Q ( i (6 (D Q (D © (6 � 4-0 C3 W W W J W ~ "70 CN N �y U Z m ' 4.0 G Q G N C N m > W N LL ca as >' c O o4.0 X >m �w � cu 70 0 70 +o (a O � � U v) `� n J FQ � H O H 00 U LU Y LU 0 Z 70 LL z H 70 p a�i L O co = > ° 0 > J c� (U U Q W m N W J E Z C w J W Q Z °� 0 2 (U O Q ~ D 70 Z u�i Q CL O CL Z c� LU M O Y > �' < U o0w U) 2 � c� LU ZOLU rl_ H W O = Z W U LU v m a m 0 � w Li Boynton Beach Community Redevelopment Agency MEMO Date: May 10, 2016 To: CRA Chair, Vice Chair and Board Members From: Vivian L. Brooks, Executive Director Re: Community Redevelopment Advisory Board Duties The City Commission created the Community redevelopment Advisory Board (CRAB) in October 2015 and appointed its seven members in December 2015. The resolution creating the CRAB had the CRAB advising the City Commission but not the CRA Board. On May 3, 2016, the City Commission further clarified the role of the CRAB by adopting a new resolution whereby the CRAB will now advise the City Commission and the CRA Board on matters assigned to it by either the CRA Board or City Commission. After conferring with City Manager, Lori LaVerriere, we propose the following guidelines for management of the CRAB agenda: A) The City Commission or CRA Board must approve, by majority vote, any assignment given to the CRAB. B) Only City Commissioners and CRA Board Members may request to place matters on the CRAB agenda. All requests by the CRA Board Member or City Commissioners shall be raised under the CRAB discussion item that will be added to both the CRA and City agenda template. See next item. C) Both the CRA and the City's meeting agenda template will reflect a new section titled C Community Redevelopment Advisory Board (CRAB) with three subsections (Reports, Pending Items, and New Assignments). This will provide the opportunity for an individual member of the City Commissioner or CRA to raise a topic/assignment for the entire Commission or CRA to consider. D) When an assignment is given to the CRAB it will then show as a Pending Item on future agendas until the assignment is completed and reported back to the assigning board. Staff recommends that all assignments be given a deadline for reporting back to assist staff in following up on outstanding assignments with the CRAB. This will also provide transparency on all matters being reviewed by the CRAB. E) Once their assignment is complete and the CRAB is ready to present a report to the CRA or City Commission, then the Board shall submit their report to CRA staff or the City Clerk for publishing on the next available agenda. {00129562.1 306-9001821} F) When matters are assigned to the CRAB, reliance on staff should be minimized to the extent possible. Individual members of the CRAB may not assign work to CRA or City staff members. Research by the members of the Advisory Board should be done independently and with as minimal reliance on CRA or City staff as possible. This will ensure that work continues to be accomplished as staff will not be overwhelmed with new assignments. G) Absent any new assignments, the monthly CRAB agenda will mirror the CRA agenda on a monthly basis. {00129562.1 306-9001821}