Minutes 03-05-07
MINUTES OF THE CITY COMMISSION MEETING HELD IN THE
COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA,
ON MONDAY, MARCH 5, 2007 AT 6:30 P.M.
Present:
Jerry Taylor, Mayor
Jose Rodriguez, Vice Mayor
Ron Weiland, Commissioner
Mack McCray, Commissioner
Carl McKoy, Commissioner
Kurt Bressner, City Manager
James Cherof, City Attorney
Janet Prainito, City Clerk
I. OPENINGS:
A. Call to Order - Mayor Jerry Taylor
B. Invocation by Rev. Greg Fitch - Police Chaplain
C. Pledge of Allegiance to the Flag led by Vice Mayor Jose Rodriguez
Mayor Taylor called the meeting to order at 6:30 p.m. Rev. Greg Fitch, Police Chaplain, gave
the invocation and Vice Mayor Jose Rodriguez led the Pledge of Allegiance to the Flag.
D. Agenda Approval:
1. Additions, Deletions, Corrections
Commissioner McKoy advised he had spoken with the Legal Department regarding an honest
service statute and suggested it be added under XII. Legal, E. Other, 1.
2. Adoption
Motion
Commissioner McCray moved to approve the agenda as amended. Vice Mayor Rodriguez
seconded the motion. The motion passed unanimously.
II. OTHER:
A. Informational Items by Members of the City Commission
Commissioner Weiland recalled a suggestion for naming the proposed Boundless Park in
memory of former Vice Mayor Bob Ensler and wanted to move forward. Mayor Taylor advised a
process for naming any City facility had been created and the prescribed process would need to
be followed. However, the naming of the Park could be contingent on private funding. Mayor
Taylor did favor having Vice Mayor Ensler remembered in some way at the Park.
Commissioner McCray was also in favor of having some portion of the Park named in Vice
Mayor Ensler's memory.
Meeting Minutes
Regular City Commission
Boynton Beach, FL
March 5, 2007
Commissioner McKoy supported the proposition also.
Vice Mayor Rodriguez concurred with the suggestions. He also commented on the Heritage
Celebration that it was well organized and an excellent event. He congratulated staff on the
achievement and thanked everyone for their efforts.
Commissioner McCray gave kudos to all those who worked on the Heritage Celebration; but,
asked that next year's event remain within the authorized budget.
Commissioner McKoy thanked staff and all the volunteers who helped to make the Heritage
Celebration a very successful event. The events were attended by a cross section of residents
from throughout the City and by far the best Heritage Festival so far.
Mayor Taylor commended the Police Department and the specific officers involved in shutting
down the two massage parlors involved with prostitution. He appreciated their proactive
approach.
III. ANNOUNCEMENTS, COMMMUNITY &. SPECIAL EVENTS &. PRESENTATIONS
A. Announcements:
None
B. Community and Special Events:
None
C. Presentations:
1. Proclamations
a. Community Caring Center of Boynton Beach Week - March 18-24,
2007
Mayor Taylor read the Proclamation and presented it to Sherry Johnson, Executive Director of
the Boynton Beach Community Caring Center, designating March 18 - 24, 2007, as Community
Caring Center Week. He announced in November, 2007 the Boynton Beach Community Center
would be celebrating its 20th year of service to the community.
2. Presentation by Sherry Johnson, Executive Director of the Community
Caring Center, entitled "Creating a Healthier Community" Initiative.
Ms. Johnson pointed out a Hunger Walk would be held on March 18, 2007 to raise funds for the
Caring Center. She reviewed the possible economic impact on the community when people do
not eat right and have limited access to an opportunity structure to access affordable and
nutritious food. Social services and economic development are meshed tightly together. The
Community Caring Center focuses on the 1800 families within the Heart of Boynton area
providing bus passes, nutritional assistance, financial aid, training and, most of all, hope. A
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multi-level approach is needed including public and private support. Ms. Johnson asked for
support in establishing a not-for-profit grocery store to create awareness, educate the public,
involve the faith community and create a business incubator for entrepreneurs in the food
industry. The Community Caring Center has established a steering committee to help establish
funding for new grocery incubators in minority communities. Either grant dollars, land or in-kind
contributions will be needed from the City of Boynton Beach as an entitlement City. Ms.
Johnson requested support for a healthier community initiative so all can prosper and have
incentives to make life changes.
Commissioner McCray supported any program that would assist citizens off of Section 8 aid and
urged the Commission to include the item on the State agenda for Palm Beach County Days in
Tallahassee.
IV. PUBLIC AUDIENCE:
INDIVIDUAL SPEAKERS WILL BE LIMITED TO 3 MINUTE PRESENTATIONS (at
the discretion of the Chair, this 3 minute allowance may need to be adjusted
depending on the level of business coming before the City Commission>
Herb Suss, a resident of Quail Run, thanked the Commission for their support of memorializing
Vice Mayor Ensler's name within the Boundless Park project. Mr. Suss also thanked Mayor
Taylor, the City Manager, City Clerk and Commissioner McKoy for their personal support during
a difficult period in his life.
Myra Jones, 311 NW 4th Avenue, accompanied by Regenia Scott, Neighborhood Services
Manager, thanked the City, CRA and all the staff for the Heritage Celebration. She read a letter
on behalf of the Heart of Boynton Communities, thanking the City Manager for his extra efforts
and continued commitment to the City during the Heritage Celebration. Ms. Jones distributed
copies of the F/orida Heritage Trai/ books to each of the Commission members. She also
thanked Commissioner McKoy for his encouragement to establish a Black film festival on a
quarterly schedule.
Mayor Taylor closed the public audience since no one else came forward.
v. ADMINISTRATIVE:
A. Appointments
Appointment
To Be Made
Board
Length of Term
Expiration Date
III Rodriguez
IV McKoy
II McCray
I Weiland
II McCray
Bldg. Bd of Adj & Appeals
Alt
1 yr term to 4/07 Tabled (3)
Cemetery Board
Art
1 yr term to 4/07 Tabled (2)
Code Compliance Board
Alt
1 yr term to 4/07 Tabled (3)
Community Relations Board
Community Relations Board
Alt
Reg
1 yr term to 4/07 Tabled (3)
3 yr term to 4/08
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Mayor Taylor Education and Youth Advisory Board Alt 1 yr term to 4/07 Tabled (2)
I Weiland Education and Youth Advisory Board Alt 1 yr term to 4/07 Tabled (2)
II McCray Education and Youth Advisory Board Reg 2 yr term to 4/07
Mayor Taylor Library Board Alt 1 yr term to 4/07 Tabled (2)
IV McKoy Library Board Alt 1 yr term to 4/07 Tabled (3)
IV McKoy Recreation & Parks Board Alt 1 yr term to 4/07 Tabled (3)
Mayor Taylor Recreation & Parks Board Reg 3 yr term to 4/08 Tabled (2)
Mayor Taylor Senior Advisory Board Reg 2 yr term to 4/07 Tabled (2)
Weiland Veterans Advisory Commission Reg 3 yr term to 4/07
Vice Mayor Rodriguez, Commissioners Weiland, McCray and McKoy requested to table all their
appointments.
Mayor Taylor appointed Susan Collins to the Senior Advisory Board.
Motion
Commissioner McCray moved to approve the appointment of Susan Collins. Vice Mayor
Rodriguez seconded the motion. The motion passed unanimously.
Motion
Commissioner McCray moved to table all other appointments. Commissioner McKoy seconded
the motion. The motion passed unanimously.
VI. CONSENT AGENDA:
Matters in this section of the Agenda are proposed and recommended by the City
Manager for "Consent Agenda" approval of the action indicated in each item, with all of
the accompanying material to become a part of the Public Record and subject to staff
comments.
A. Minutes
1. CommissionjCRA Workshop -- Affordable Housing - January 30, 2007
2. Agenda Preview Conference -- February 9, 2007
3. Regular City Commission -- February 13, 2007
B. Bids and Purchase Contracts - Recommend Approval - All expenditures are
approved in the 2006-2007 Adopted Budget.
1. Approve the emergency repair work performed by Chaz Equipment
Engineering Contractor of Wellington, FL in the amount of $23,108.75 to
repair and rehabilitate a wet well at Lift Station #516 which was sinking;
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and Uretek ICR LLC of Lakeland, FL in the amount of $18,385.50 for soil
stabilization work at the site, for a total of $41,494.25.
2. Approve the negotiation of a contract with APPLIED TECHNOLOGIES &
MANAGEMENT, Inc. of West Palm Beach, FL., RFQ# 021-1210-07/00
"FACT FINDING AND EVALUATION STUDY OF THE SOUTH LAKE WORTH
(BOYNTON) INLET.
3. Approve a multi-award by manufacturer with primary, secondary, third
and some fourth place vendors, BID #026-1412-07/0D - "ANNUAL
CONTRACT FOR AUTOMOTIVE AND SMALL TRUCK PARTS AND
ACCESSORIES" to the lowest, most responsive and responsible bidder.
The estimated expenditure will be $95,000.
4. Award the "ANNUAL SUPPLY OF POL YPHOSPHATE TYPE CORROSION
INHIBITORS", Bid #019-2821-07/JA, to Shannon Chemicals of Malvern,
Pennsylvania for an estimated annual expenditure of $45,000.
5. Award a ''TWO-YEAR AGREEMENT FOR SUPPPLY AND INSTALLATION OF
WATER SERVICE CONNECTIONS & RESTORATION", Bid #027-2821-
07/JA to LINE-TEC, INC. of Boynton Beach, FL for an estimated annual
expenditure of $350,000.
C. Resolutions
1. Proposed Resolution No. R07-021 RE: Approving and
authorizing execution of a two-year service and support agreement with
TelVue Virtual Television Networks (TVTN) to remotely organize, update
and maintain the City's public access television station at no cost to the
City. (Tabled to March 5, 2007)
Commission McCray pulled Item VLC.1. for discussion.
2. Proposed Resolution No. R07-030 RE: Approving and
supporting the Community Redevelopment Agency's application to the
Waterfronts Florida Partnership for the Boynton Beach marina to be
designated as a "Waterfronts Florida" Community.
3. Proposed Resolution No. R07-031 RE: Approving and
authorizing execution of an Agreement for Water Service Outside of the
City Limits with Turtle Cove LLC for a 3.04 acre parcel of land located in
the utilities service area, approximately 1,000 feet west of Military Trail
along Hypoluxo Road.
D. Approve the purchase of updated computer and software to interface with
existing CrossMatch ID500 Fingerprint scanner to allow for creation of digital
fingerprints to submit electronically to the Florida Department of Law
Enforcement.
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E. Approve the "Surplus Vehicle List" as submitted by Pubic Works/Fleet
Maintenance and allow for the sale of same.
F. Approve the "Surplus Equipment List" as submitted by the Golf Course and allow
for the sale of same.
G. Approve the "VISTABELLA AT RENAISSANCE COMMONS REPLAT 1", a PUD
Record Plat, conditioned on the approval being the certification of the plat
documents by H. David Kelley, Jr. (City Engineer and Surveyor and Mapper).
H. Accept the City of Boynton Beach FY2005-2006 Annual Grants Report.
1. Assign City's interest in the Marina Village 2nd Amended Mediation Agreement to
the CRA.
J. Authorize Vice Mayor Jose Rodriguez to participate and serve as the City
Commission's representative on the Youth Violence Prevention Project Steering
Committee.
K. Authorize the use of $1,500 for Boynton Beach Symphony Orchestra, $3,000 for
Community Caring Center and $1,000 for Dancer's Alchemy from Commissioner
Weiland's Community Investment Funds.
Commissioner McCray pulled Item V1.K. for discussion.
Motion
Commissioner McKoy moved to approve the consent agenda items with the exception of Items
VI.c.1. and V1.K. Commissioner McCray seconded the motion. The motion passed
unanimously.
VI. c.1.
Proposed Resolution No. R07-021 RE: Approving and
authorizing execution of a two-year service and support agreement with TelVue
Virtual Television Networks (TVTN) to remotely organize, update and maintain the
City's public access television station at no cost to the City. (Tabled to March 5,
2007)
Motion
Commissioner McCray moved to remove Item V1.c.1. from the table for the City Manager's
comments, if any. Mr. Bressner had no comments. Commissioner McKoy seconded the motion.
The motion passed unanimously.
Motion
Commissioner McCray moved to approve Item V1.c.1. Commissioner McKoy seconded the
motion. The motion passed unanimously.
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VI. K. Authorize the use of $1,500 for Boynton Beach Symphony Orchestra, $3,000 for
Community Caring Center and $1,000 for Dancer's Alchemy from Commissioner
Weiland's Community Investment Funds.
Commissioner McCray reported the necessary criteria had been met by the Dancer's Alchemy.
Motion
Commissioner McCray moved that Item VI.K. be approved. Commissioner McKoy seconded the
motion for discussion.
Commissioner McKoy acknowledged he supported the funding for all the organizations working
with the youth, arts and needy. His concern related to compliance with the State regulations
and the uniform scrutiny of the requirements for all organizations to receive solicitation funds.
Attorney Cherof advised the use of the Community Investment Funds constitutes grants of
funds by the City. They would be exempt from registering with the Department of Agriculture
to solicit funds. The requests for funds from the Commission would not constitute solicitation.
Vote
The motion passed unanimously.
VII. CODE COMPLIANCE &. LEGAL SETTLEMENTS:
None
VIII. PUBLIC HEARING: 7:00 P.M. OR AS SOON THEREAFTER AS THE AGENDA
PERMITS
The City Commission will conduct these public hearings in its dual capacity as Local
Planning Agency and City Commission.
A. Public Hearing to approve the Proportionate Fair-Share Mitigation Program
(CDRV 07-001) - (1st Reading of Proposed Ordinance No. 07-006 ) Re:
Amending Chapter 1.5, Article VI. Concurrency Requirements of Land
Development Regulations, to comply with new growth management legislation
directing local governments to adopt a methodology for assessing proportionate
fair-share contributions from developers to meet traffic concurrency requirements
for local roads.
Attorney Cherof read Proposed Ordinance No. 07-006 by title only.
Hanna Matras, Economic Planner, explained the request was mandated by the State based on
2005 legislation that all levels of government have this particular ordinance. The ordinance
establishes the methodology for calculating contributions from developers towards facilities that
are impacted by projects in case traffic concurrency conditions are not met. At this point there
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would be no impact on the City because there are no projects for local roads in the five-year
capital improvements. Staff recommended approval of the program.
Mayor Taylor opened the issue for public hearing. No one came forward. Mayor Taylor closed
the public hearing.
Motion
Commissioner McCray moved to approve Item VIII.A. Vice Mayor Rodriguez seconded the
motion.
Vote
City Clerk Prainito called the roll. The vote was 5-0.
IX. CITY MANAGER'S REPORT:
A. Feasibility of Saturday hours for the Building Division
Nancy Byrne, Assistant Development Director, reported the results of the survey sent to the
water service utility base to ascertain the need for Saturday business hours to pull owner-
builder permits. Only 3.8% of the survey base had responded resulting in approximately 600
owners would take advantage of Saturday hours. Staff's opinion was there was not a high
enough demand for Saturday business hours to be economically feasible. The survey did reveal
a spike in owner-builder permits occurs when insurance checks are distributed following a
disaster and not immediately after an emergency event. A proposed alternative would be a
plan to increase hours as part of disaster relief only, based on need, as an administrative policy.
Various thresholds were discussed that would necessitate initiation of Saturday hours. Mr.
Bressner advised the funding would be included in the budget process also to compensate for
overtime pay.
Mayor Taylor declared there was consensus that operations remain as is and review the
alternatives if a particular event occurred.
XI. NEW BUSINESS:
A. Landfill Study Update
Mayor Taylor indicated a presentation had been made at the preagenda conference. Mr.
Bressner reported the City would proceed with the environmental study and if approved by the
Commission the feasibility phase would be pursued.
B. Status report on City/CRAjDeveloper Negotiations for MLK Corridor
Attorney Cherof reported two issues represent the substantive issues that needed to be
determined being density and land acquisition that require Commission input. The dwelling
units per acre would be a policy decision for the Commission
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Mayor Taylor contended, although the community would like to see 20 dwelling units per acre,
the reality was it would be cost prohibitive for a developer. The Treasure Coast Regional
Planning study suggested a mix of density from 10 dwelling units per acre to 40 dwelling units
per acre. Mayor Taylor wanted funding figures for the City of Boynton Beach and the
Community Redevelopment Agency for 20 and up to 35 or 40 dwelling units per acre and the
incentives a developer would require.
Attorney Cherof advised the funding requirements were discussed and the developer would not
provide that information for anything less than 40 dwelling units per acre. Mayor Taylor
understood their concept was to build an entire community, not just units per acre.
Commissioners McKoy and McCray concurred with Mayor Taylor's request for more information.
Mr. Bressner reiterated the developer had been specifically asked for the information and
refused to do so. Mayor Taylor felt an explanation for the refusal should be heard.
Commissioner McKoy expressed concern why the information would not be provided and why
the Commission was not seeking another developer who would provide the information. Mr.
Bressner added further data needed for determining the fee impact and infrastructure impact
had been submitted.
Vice Mayor Rodriguez suggested definitive deadlines for providing the information should be set
to move the project along. Commissioner McCray felt all the data should be collected before a
decision could be made on both the 20 and 40 dwelling units per acre.
The overall density for the 26 acres would be averaged over three phases. Phase I would be
6.27 acres, Phase II would have 14.7 acres and Phase III with 5.3 acres for a total number of
units of 1,052, averaging 40 dwelling units per acre over the entire project.
Commissioner Weiland understood the developer wanted 40 dwelling units per acre and they
would provide the funding needs for that proposal. Mr. Bressner pointed out the RFP response
was for 35 dwelling units per acre. It was clear that staff recommended the 20 dwelling units
per acre.
Mayor Taylor suggested the developers be permitted to bring their proposal to the Commission
in whatever form they feel is appropriate and the Commission can vote on the proposal. He
stressed the goal was to build the best upscale housing possible and maintain affordability.
Vice Mayor Rodriguez reiterated a definitive time line should be set and Mayor Taylor agreed.
Attorney Cherof noted the developer originally proposed a three phase development to be built
out by 2012 and the delay would push that date even further out. It had been requested that
the land acquisition be completed by July, 2007 so the project could move forward. At some
point a decision would need to be made when enough time and energy had been spent
attempting to get the project moving to no avail. A deadline of December 31, 2007 had been
submitted for the land acquisition for Phase I. Vice Mayor Rodriguez offered a compromise to
September 30, 2007 as a deadline.
Commissioner McCray commented Phase I could be completed and Phase II and Phase III
would never be built with this particular developer. He contended the Commission should
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closely monitor the developer to assure the project moves forward at the direction of the
Commission. Vice Mayor Rodriguez cautioned if the landowners in any Phase do not want to
sell, the project would ultimately end.
Commissioner McKoy noted citizens of the area had come forward and indicated they would not
sell their properties.
Herb Suss, Quail Run resident, indicated if the partnership agreement had not been signed the
efforts were for nothing. Attorney Cherof did not feel it was appropriate to allow public
comment to intervene in the negotiations or question the accountability of the parties. Mr. Suss
further inquired if the developer had submitted financial statements. He felt at 40 dwelling
units per acre a ghetto was being built within the project and a strain on the infrastructure. Mr.
Suss suggested a new developer be investigated before a new Commission is elected and faced
with a difficult decision.
Myra Jones, 311 NW 4th Avenue, spoke on behalf of the residents and asked the Commission
to not allow the creation of slums by building stacked units. The residents wanted a place for
children to pay other than in the streets. Mayor Taylor explained the goal was to bring
affordable housing to the area; however, increased density was the only vehicle to achieve the
goal. Single-family homes would not be affordable.
Commissioner Weiland explained the concept of a blended density scenario for all three phases.
The project would consist of various housing elements to achieve maximum use and the
developer's profit margin. Commercial use would also be included.
Mr. Bressner recapped the discussion that the data would continue to be analyzed, the deadline
for land acquisition in Phase I would be September 30, 2007, and the figures submitted by the
developer for 40 dwelling units per acre would be sufficient. Commissioner McCray noted he
had requested the data be submitted for funding based 20 dwelling units per acre also.
Commissioner McKoy would be interested in the data also.
Mayor Taylor declared the consensus was the data based on 40 dwelling units per acre would
be sufficient.
Vice Mayor Rodriguez understood the CRA Executive Director should receive direction from the
Commission on matters relating to the MLK Corridor Project.
Attorney Cherof advised the Commission did not have the authority to direct the Director of the
CRA in any matters. Mayor Taylor explained the Community Redevelopment Agency is a
separate entity. Mr. Bressner added he did not respond to CRA board member questions for
the same reason.
Robert Reardon, Assistant Director of the CRA, advised the CRA was not negotiating for any
property in the MLK corridor. Other properties were being investigated, but not within the
corridor project.
Attorney Cherof reviewed the consensus was the developer would not submit the cost for
developing 20 dwelling units per acre and the Commission would not ask for the information.
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March 5, 2007
The agreement would be negotiated at 40 units per acre and the costs would be submitted to
the Commission. The Commission could sign the agreement and if not, the project would be
over.
C. Discussion of Local Lobbyist Registration Ordinance
Commissioner McCray had brought the matter forward to ensure the City of Boynton Beach was
comparable to the Palm Beach County standards.
Attorney Cherof noted the County standards required registrations, modeled after the State
statute including disclosure, prohibitions and penalties.
Vice Mayor Rodriguez discussed the application of the definition of lobbyist and the parameters
for a program to be effective and maintained. The comparative cost of such a program could
be obtained from Palm Beach County.
Commissioner McCray felt the Commission should be aware of the monetary influences involved
with any opinion offered to the Commission. The benefit of an opinion may be for individual
gain and not in the best interest of the City of Boynton Beach. He stressed the fiduciary
responsibility lies with the Commission.
Commissioner McKoy suggested in view of the recent indictments on the State and Federal
levels more information should be obtained before a decision on registration of lobbyists is
made. The basis of all decisions should be the best interest of the City of Boynton Beach and
definitely not personal gain.
Although Vice Mayor Rodriguez totally agreed with Commissioner McKoy's remarks, he felt the
Commission had the responsibility to perceive any interests and to scrutinize any opinions
offered. The cost to administer the program would not be feasible. He would not support an
ordinance.
Mayor Taylor advised his decisions are based on the best interest of the City of Boynton Beach
and not on any payments received by any individual or organization. Commissioner Weiland
was also against the ordinance.
Mayor Taylor declared the consensus was not to proceed with an ordinance.
D. Amendment to City Code to Require Extra-Ordinary Vote for Dissolution of CRA
Commissioner McCray suggested a policy be in place for the Commission to dissolve the
Community Redevelopment Agency with a four to one vote.
Mayor Taylor noted no motion was offered to proceed with an amendment.
x. FUTURE AGENDA ITEMS:
A. Presentation by BB High School Principal (March 20, 2007)
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B. Strategy Report Regarding latest Report on Crime Increases in Boynton Beach.
(March 20, 2007)
C. Water, Sewer and Stormwater Rate Study Report (April, 2007)
D. Update of Recreation and Parks Strategic Plan (April, 2007)
E. Revision of Fire Codes (April 17, 2007)
F. Ordinance to allow a new Commissioner, appointed or elected, to remove any
board members that were appointed by his/her predecessor, within 30 days.
Vice Mayor Rodriguez explained the ordinance was suggested so a newly elected Commissioner
would have the prerogative to re-name citizens to advisory board positions that support their
philosophies and vision for the City of Boynton Beach. Any appointments by the preceding
Commissioner could be reviewed within thirty days.
Commissioner McKoy emphasized the appointments are the responsibility of the entire
Commission and require approval of the Commission. It would not be fair to the individuals
serving on the boards.
Vice Mayor Rodriguez noted only new appointments would be involved and all appointees would
be made aware of the terms of their appointment at the time of their appointment.
Attorney Cherof advised the Code Compliance Board, Community Redevelopment Agency board
and the Building Board of Adjustment and Appeals are State regulated and could not be
included.
Commissioner McCray noted filling the boards has been difficult and requested change could
further limit the number of individuals willing serve on the boards.
Commissioner Weiland agreed with Commission McCray's assessment on the issue.
Mayor Taylor reviewed the current process for appointments and stressed the rotation being
utilized would not be possible. All appointments would still require approval by the Commission.
Lee Wische, 1302 SW 18th Street, strongly disagreed with the proposition and expressed his
opinion the proposal was self-serving and based on personalities, not qualifications. He
contended there would be no applicants for the advisory board positions.
Herb Suss, Quail Run, offered his opinion that advisory boards advise the Commission, they
are not "yes" people. The applicants are volunteers who constructively advise the Commission.
They are not decision makers. He agreed the vacancies would greatly increase.
Vice Mayor Rodriguez stressed personalities are not the issue. His intent was to be successful
in moving the City of Boynton Beach forward.
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Mayor Taylor agreed the appointments should be filled with individuals who want to improve
the City of Boynton Beach. He did not want the system to change at this time.
XII. LEGAL:
A. Ordinances - 2nd Reading - Development - PUBLIC HEARING
None
B. Ordinances - 2nd Reading - Non-Development - PUBLIC HEARING
1. Proposed Ordinance No. 07-002 RE: Amending
Ordinance 05-060 to provide that the art fee does not apply to projects
which had applications pending on or before October 5, 2005; providing
that the 30% of the 1% (.03) Public Art fee is collected by the Building
Department at time of Building Permit issuance and the 70% of the 1 %
(.07) prior to and as a condition of issuance of the certificate of
occupancy which includes the Public Art. (Tabled to March 5,
2007)(Request to table to April3, 2007)
Motion
Commissioner McCray moved to remove Proposed Ordinance No. 07-002 from the table and re-
table to April 3, 2007. Commissioner McKoy seconded the motion. The motion passed
unanimously.
Motion
Commissioner McCray moved to table Proposed Ordinance No. 07-002 to April 3, 2007.
Commissioner Weiland seconded the motion. The motion passed unanimously.
2. Proposed Ordinance No. 07-005 RE: Amending the
Land Development Regulations, Chapters 5, 6 & 7 to clarify that all public
and private development projects are subject to surety requirements.
Attorney Cherof read Proposed Ordinance No. 07-005 by title only.
Mayor Taylor opened the issue for public hearing. No one came forward. Mayor Taylor closed
the public hearing.
Motion
Commissioner McCray moved to approve Proposed Ordinance No. 07-005. Commissioner
McKoy seconded the motion.
Vote
City Clerk Prainito called the roll. The vote was 5-0.
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C. Ordinances - 1st Reading
None
D. Resolutions:
None
E. Other:
1. Honest Services Statute (Previously added to the agenda)
Commissioner McKoy explained the Florida League of Cities overwhelmingly supported an
honest services statute. He requested Attorney Cherof provide an overview of the statute.
Attorney Cherof indicated the origin was the concept that people who sit in a position of power,
either elected or appointed with the power to act on behalf of the public and public trust, have
the duty to do so in an honest manner. It is commonly referred to as the honest services
against fraud concept. Attorney Cherof said, "The term honest services includes the right to
conscientious, loyal, faithful, disinterested and unbiased service to be performed on behalf of
the public - I'm adding that part - free of deceit, undue influence, conflict of interest, self-
enrichment, self-dealing, concealment, bribery, fraud or corruption." The statute criminalizes
the obligation to act on behalf of the public in an honest and straight-forward and transparent
manner. Failure to perform in such a manner would result in Federal criminal charges. The
Circuit Court has held a violation of State statute is not required for conviction under the
Federal statute.
Commissioner McKoy felt it was important the Commission understood the statute.
XIII. UNFINISHED BUSINESS:
None
XIV. ADJOURNMENT:
There being no further matters to come before the Commission, Mayor Taylor properly
adjourned the meeting at 8:31 p.m.
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Capital at the point of impact.
Fresh Food Financing Initiative
Program Guidelines
Section I - INTRODUCTION
A. Statement of Purpose
The Reinvestment Fund (fRF) is a non-profit financing institution that created the Fresh Food Financing Initiative, an innovative new
capitalization program to increase the number of supermarkets, or other grocery stores in underserved communities across Pennsylvania.
This statewide program meets the financing needs of supermarket operators that plan to operate in underserved communities where
infrastructure costs and credit needs cannot be filled solely by conventional financial institutions. Under this program, TRF provides pre-
development grants and loans, land acquisition financing, equipment financing, capital grants for project funding gaps and construction
and permanent finance. TRF also provides technical assistance and workforce services to its borrowers and grantees through this initiative.
The initiative was created in response to the rising concern over the lack of access to fresh foods in underserved communities. According
to the House Report on Resolution No. 13, released by the Pennsylvania House Health and Human Services Committee, chaired by Rep.
George Kenney and Rep. Frank Oliver, the lack of supermarkets is a problem affecting major cities and towns across the Commonwealth
of Pennsylvania. By providing underserved people access to fresh food retailers with greater variety, the initiative will give these
communities the choice of a more nutritionally balanced diet. The lower food costs will also enable underserved persons living on fixed
budgets to purchase higher quality foods. Supermarkets and other grocery stores will also make valuable contributions to the community
by creating jobs and revitalizing neighborhoods.
TRF has a 20-year history of providing loans and investments as well as technical assistance to low-wealth communities and low-and
moderate-income individuals. Since inception in 1985, TRF has made loans and investments totaling $389 million.
B. Eligible Activities
1. Supermarkets and other grocery retailers that operate on a self-service basis, primarily selling groceries, produce, meat, baked goods and
dairy products. Convenience stores do not qualify as supermarkets.
2. Real estate projects which have multi-tenant uses beyond a supermarket tenant may be eligible if: (1) the retail development intends to
lease space to retailers of fresh foods (for example, fresh seafood retailer) not sold in limited assortment grocery stores; (2) the viability of
the development site and proposed supermarket is contingent on ancillary non-food tenants and those non-food tenants do not represent
more than 50% of the building area; or (3) the development project has been split into separate foot prints, allowing the grant or loan to
focus only on the supermarket tenant portion.
c. Ineligible Activities
Multi-tenant projects cannot lease space to businesses involved in the following: religion, entertainment of a prurient sexual nature,
gambling, illegal activity, or pyramid sales.
Section II GRANTS
A. Eligible Applicants
An eligible applicant must demonstrate that its proposed project will benefit an underserved area, and may be a for-profit business
enterprise (lOcluding a corporation, limited liability company, sole proprietor, cooperative or partnership), or a non-profit organization,
including an institution of higher education.
Underserved area is defined as a low or moderate income census tract, an area of below average supermarket density or an area having a
supermarket customer base with more than 50% living in a low income census tract or other area demonstrated to have significant access
limitations due to travel distance, as determined by TRF.
In order to detennine eligibility, the applicant most complete a Fresh Food Financing Initiative .t\ppIication for Prognm
Eligibili1y.
Page I
B. Grant Purpose
Grants are limited to $250,000 per store. There are also limits to overall grants to one operator.
· Pre-development Grants may be awarded to eligible applicants. These grants may be used to pay for the early costs associated
with project feasibility including professional fees, market studies, appraisals, and deposits on land and buildings and other
holding costs.
· Land Assembly and Other Capital Grants* may be awarded to eligible applicants. These grants may be used to pay for
relocation, demolition, environmental remediation, unstable foundations and soil conditions. These grants may also be used for
other project costs related to land assembly and infrastructure improvement.
· Soft Costs and Other Preopening Grants may be awarded to eligible applicants. These grants may also be used to cover training
costs, security, or other preopening expenses. These costs will be considered on a project-by-project basis.
· Construction Grants* may be awarded to eligible applicants. These grants may be used to pay for general conditions, builder
overhead and profit, labor, materials and contingency funding.
Other guidelines:
1. On a case by case basis, TRF will make predevelopment grants on a recoverable basis.
2. No grantee shall receive more than $750,000.
*Grant funds used toward the payment of construction, renovations, demolition, infrastructure improvements, remediation, build-out,
alteration, or installation of machinery and equipment ($25,000 and above) may trigger applicability of the Pennsylvania Prevailing Wage
Act to a project. The P A Department of Labor and Industry has final authority to make prevailing wage applicability determinations and
may be contacted by calling 717-787-4671 or 800-932-0665.
c. Application Process
To apply for funding, the applicant must complete a Fresh Food Financing Initiative J\P.plication for Financing. The
application is attached, and may also be found at w\\"\urtund.ll1!11. See Section IT/, Program Inquiries, for additional information.
D. Application Evaluation
Applications will be approved on a monthly basis until all funds are committed to projects. TRF will review each application to determine
whether the proposed project demonstrates one or more of the following:
1. The project will have demonstrable impact on the economy or well-being of the neighborhood, community or region where the project
is located. This impact must be measurable and the methodology for measurement must be described.
2. The project will result in a substantial increase in revenues for the state, the host municipality or the market region.
3. The project adheres to sound land use principles.
4. The project requires an investment of public funding to move forward, to create impact, or to be competitive with similar projects in the
region.
5. The project is working in conjunction with other programs promoting community development.
""'n eligible project will receive priority consideration if it demonstrates one or more of the following:
1. The project will positively impact economic conditions in a New Markets Tax Credit eligible census tract, defined as any population
census tract if:
(a) The poverty rate for such tract is at least 20 percent, or
(b) (i) In the case of a tract not located within a metropolitan area, the median family income for such tract does not exceed 80 percent
of statewide median family income, or
(b) (Ii) in the case of a tract located within a metropolitan area, the median family income for such tract does not exceed 80 percent of
the statewide median family income or the metropolitan area median family income.
2. The project will positively impact economic conditions in an economically distressed census tract in the Commonwealth. An
economically distressed census tract is defined as a census tract where:
Page 2
For Metropolitan Areas
a) Unemployment rate is greater than 1.5X national average,
b) Poverty rate is greater than 20%,
c) Median family income is less than 80% of the area median income; and
d) Population is greater than 1,500.
For Non-Metropolitan Areas
a) Unemployment rate is greater than 1.5X national average,
b) Poverty rate is greater than 20%,
c) Median family income is less than 80% of the statewide or national non-metropolitan median family income; and
d) Population is greater than 500.
In addition, TRF will evaluate the feasibility and practicality of the proposed activity, and whether the end result is likely to be achieved if
the proposed activities are successfully concluded. Upon being satisfied that the requirements have been met, TRF may approve the
application for a Grant.
E. Awards and Contracts
Upon approval of an application by TRF, a grant agreement and commitment letter will be issued to the applicant explaining the terms and
conditions of the grant. The grant agreement and corrunitment letter must be signed and returned within 10 days of the date of the
commitment letter or the grant offer may be withdrawn. Upon full execution of the grant agreement and any contract between the
applicant and vendor(s) performing the work. the grant will be paid upon receipt by TRF invoices and final work products demonstrating
that the planning project has been completed. Partial funding prior to the submission of receipts and work completion documents will be
considered on a case by case basis.
F. Reporting Requirements and Record Keeping and Nonperformance
TRF will enter into a grant agreement with all Grantees. Grant proceeds are subject to audit by The Reinvestment Fund. Therefore, the
Grantee will agree that it will maintain complete financial records for all of its costs subject to its grant for a period of five (5) years after
the execution of an agreement and will cooperate with the TRF in any audit requests. In addition, Grantee will submit a Semi-Annual
Report and supporting documents to TRF within 60 days of report period end date, with the exception of audited financial statements,
which shall be submitted within 90 days of fiscal year-end. Any material nonperfo:rmance to the Grant Agreement by Grantee Iruly result
in exclusion of future loans or grant awards by TRF under the Fresh Food Financing or any affiliated programs.
Section III LOANS
A. Eligible Applicants
An eligible applicant must demonstrate that its proposed project will benefit an underserved area, and may be a for-profit business
enterprise (including a corporation, limited liability company, sole proprietor, cooperative or partnership), or a non-profit organization,
including an institution of higher education.
Underserved area is defined as a low- or moderate-income census tract, an area of below average supermarket density or an area having a
supermarket customer base with more than 50% living in a low income census tract or other area demonstrated to have significant access
limitations due to travel distance, as determined by TRF.
In order to determine eligibility, the applicant must complete a Fresh Food Financing Initiative .t\ppIication for Prognm
EIigibili1y .
B. Loan Purpose
Loans from the program will fund costs associated with land acquisition, pre-development, construction or rehabilitation, equipment,
inventory and other working capital needs, and interior fit-out. Loans will be made in instances where conventional financial institutions
either do not offer financing, or the conventional financing offered is insufficient or on terms which are a detriment to the feasibility of the
supermarket. Supermarket operators and site developers will each be required to have cash equity at risk in addition to the financing
offered in this program.
Page 3
C. Application Process
To apply for funding, the applicant must complete a Fresh Food Financing Initiative Ap.plication for Financing. The
application is attached, and may also be found at ."D~\\'.rrfund.t'1!!}. See Section IV, Program Inqllines, for additional information.
D. General Terms and Conditions
1. The maximum loan amount is subject to TRF's current lending exposure policies.
2. Interest Rates, Loan Fees and other costs - Loans will be made with fixed rates tied to a margin over the applicable Treasury Note, or
at variable rates tied to a margin over the Prime Rate as published in the Wall Street Journal.
3. Loan Terms - Loans for the development of a facility will have a term of up to 12 months. Amortizing loans will have a term of up to
90 months. On a limited basis, amortizing loans may have a term of up to 120 months.
4. Collateral- Loans will be secured by a first priority lien on accounts, receivables, fixtures and equipment, assignments of leases, and
real property. On a limited basis, loans may be secured by a subordinate lien position. Collateral will be valued in excess of the Loan,
and TRF may require that this valuation be confirmed by an acceptable appraisal report.
5. Cash-flow Projections - Borrowers will provide TRF with operating projections which show sufficient cash-flow to repay the Loan.
6. Real estate projects which have multi-tenant uses beyond a supermarket tenant may be eligible if: (1) the retail development intends
to lease space to retailers of fresh foods (for example, fresh seafood retailer) not sold in limited assortment grocery stores; (2) the
viability of the development site and proposed supermarket is contingent on ancillary non-food tenants and those non-food tenants
do not represent more than 50% of the building area; or (3) the development project has been split into separate foot prints, allowing
the grant or loan to focus only on the supermarket tenant portion.
7. Other: Loan funds used toward the payment of construction, renovations, demolition, infrastructure improvements, remediation,
build-out, alteration, or installation of machinery and equipment ($25,000 and above) will not trigger applicability of the Pennsylvania
Prevailing Wage Act to a project.
E. Application Evaluation and Approval Process
Applicants for financing will be evaluated and approved on a monthly basis while funds remain available in the loan pool. TRF will review
each application to determine whether the proposed project is financially viable and demonstrates one or more of the following:
1. The project will have demonstrable impact on the economy or well-being of the neighborhood, community or region where the
project is located. This impact must be measurable and the methodology for measurement must be described.
2. The project will result in a substantial increase in revenues for the state, the host municipality or the market region.
3. The project adheres to sound land use principles.
4. The project requires an investment of public funding to move forward, to create impact, or to be competitive with similar projects in
the region.
5. The project is working in conjunction with other programs promoting community development.
6. .-\0 eligible project will receive priority consideration if it demonstrates one or more of the following:
A. The project will positively impact economic conditions in a New Markets Tax Credit eligible census tract, defined as any
population census tract if:
(i) The poverty rate for such tract is at least 20 percent, or
(ii) In the case of a tract not located within a metropolitan area, the median family income for such tract does not exceed 80
percent of statewide median family income, or
(ill) in the case of a tract located within a metropolitan area, the median family income for such tract does not exceed 80 percent
of the statewide median family income or the metropolitan area median family income.
B. The project will positively impact economic conditions in an economically distressed census tract in the Commonwealth. An
economically distressed census tract is defined as a census tract where:
(i) For Metropolitan Areas
a. Unemployment rate is greater than 1.5X national average,
Page 4
b. Poverty rate is greater than 20%,
c. Median family income is less than 80% of the area median income; and
d. Population is greater than 1,500.
(ii) For Non-Metropolitan Areas
a. Unemployment rate is greater than 1.5X national average,
b. Poverty rate is greater than 20%,
c. Median family income is less than 80% of the statewide or national non-metropolitan median family income; and
d. Population is greater than 500.
Upon being satisfied that the proposed project is financially viable and the above requirements have been met, TRF may approve the
application for a Loan.
E. Loan Closing
Upon approval of an application by TRF, a loan agreement and commitment letter will be issued to the applicant explaining the terms and
conditions of the loan. The commitment letter must be signed and returned within 10 days of the date of the commitment letter or the
offer may be withdrawn. Upon full execution of all closing documents, the loan will be disbursed.
F. Reporting Requirements and Record Keeping and Nonperformance
TRF will enter into a loan agreement with all borrowers. Loan proceeds are subject to audit by The Reinvestment Fund. Therefore, the
borrower will agree that it will maintain complete financial records for all of its costs subject to its grant for a period of five (5) years after
the execution of an agreement and will cooperate with the TRF in any audit requests. In addition, borrower will submit a Semi-Annual
Report and supporting documents to TRF within 60 days of report period end date, with the exception of audited flOancial statements,
which shall be submitted within 90 days of fiscal year-end. Any material nonperformance to the Loan Agreement by Borrower may result
in exclusion of future loans or grant awards by TRF under the Fresh Food Financing or any affiliated programs.
Section IV. PROGRAM INQUIRIES
The Food Trust serves as the initial point of contact for program inquiries from across the state. For further information, contact: Tracey
Giang, Program Coordinator, The Food Trost, 1201 Chestnut Street, 4th Floor, Philadelphia, PA 19107. Tel: (215) 568-0830
Extension 133. Email: tgiang@thefoodtmst.org
GPUAC will work with TRF to encourage program participation by minorities, women and disadvantaged businesses. For further
information, contact: Carlos Jones, Deputy Director, GPUAC, 1207 Chestnut Street, Suite 206, Philadelphia, PA 19107-4102. Tel:
(215) 851-1824. Email: cjones@gpuac.org.
Program inquiries can also be addressed directly to The Reinvestment Fund. For further information, contact: Tim Roseboro,
Managing Director, Commercial Finance, The Reinvestment Fund, 718 Arch Street, Suite 3OON, Philadelphia, PA 19106. Tel:
215.574.5859 (Direct). Email: tim.l.oseboro@trfund.com.
Go to: \}'\\!\\'.tdl!1l\l'-!llL' for applications and program information.
Appendix I: APPLICATION FOR EUGIBIUTY
Appendix II: APPLICATION FOR FINANCING
Page 5
The Dancer's Alchemy, Inc.
A non-profit organization promoting
the Art of Dance in the community
140 North Congress Avenue
Boynton Beach, FL 33426
561.736.9097
Dear Business Owner / Personal Friend,
The Dancer's Alchemy is a non-profit organization
of diverse professionals and youth, united to
raise funds for the development of community
based programs. Utilizing the performing art and
education of dance as a tool, Dancer's Alchemy
promotes the many attributes dance has to offer
all people, not only
artistically and
visually, but
intellectually and
physically as well.
season. These young dancers will make a positive
impact on the lives of many and also learn life
long lessons that cannot be taught in a
classroom.
The Southern Strut Dance Team is comprised of
dancers ages 9 - 18,
which the Dancer's
Alchemy Inc. will
support with the help
of donations from
area businesses,
people and
corporations
interested in
supporting the Arts
and recognizing the
merit of young people
giving back to the
community.
SOtd:he,rY\l Str-ut V~ T eaAJ1/
AY'L~LOVi.re<Zor: M~Mor!e-'
performances.
Your donation is tax
deductible and will
aid in financing
costuming,
transportation,
education and
workshops for this
season of
Dancers are required to maintain a high grade
point average in school as well as attend dance
classes to perfect their art. They serve the
community on average of 50 - 70 hours per
In return for your genero~, sponsors of $50 or
more will be listed in the~ograms given at all
public appearances. For.sponsoring The Southern
Strut Dance Team and supporting The Dancer's
Alchemy, Inc. - thank you!
Our goal is to make
our community more
aware of the Arts and
the huge impact the
Arts have on
developing successful,
well rounded, young
individuals. The
dancers contribute to
the education of
others through their
entertainment and
demonstrations, in
hopes of producing
lifetime supporters of
the Arts. They also
inspire people to
study dance as a recreation, creative outlet or
serious career goal.
I,
will sponsor
(Name of Person Donating)
(Name of Dancer)
For the amount of:
o Diamond Sponsor:
o Platinum Sponsor:
o Gold Sponsor:
o Silver Sponsor:
o Bronze Sponsor:
o Other:
Business Name:
I want my name / my business name:
$ 500
$ 200
$ 100
$ 75
$ 50
$
o Listed in the Dancer's Alchemy program
o Unlisted
*
Address:
Write your check to: The Dancer's Alchemy, Inc.
Amount:
Signature of Donor:
* All donations are appreciated but donations under $50 cannot be listed
...............................................................................................................................................................................................................................................................................
Name of Donor:
CUT &. RETAIN THIS PORTION FOR YOUR RECORDS
Amount:
My donation is in support of the Dancer's Alchemy, Inc., a not-for-profit organization dedicated to promoting the Art of Dance
through comn,unity based youth programs.
Tax identification number: 16-1620182