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Agenda 02-08-05COMMUNITY REDEVELOPMENT AGENCY Tuesday, February 8, 2005 Commission Chambers Boynton Beach 6:30 P.M. I Call to Order. II Roll Call. III Agenda Approval. A. Additions, Deletions, Corrections to the Agenda. B. Adoption of Agenda. IV Consent Agenda. - 7609 A. Approval of Minutes of January 11th Meeting. - 7610 B. Financial Report. - 7635 C. Consideration of Reimbursement for Fa(;ade Grant for St. Mark Church.- 7649 D. Consideration of Work Authorization #8 for Boynton Beach Blvd. Extension, Promenade and Riverwalk. -7655 V Public Audience.-7661 VI Public Hearing. -7662 Old Business 7604 Any person who decides to appeal any decision of the Community Redevelopment Board with respect to any matter considered at this meeting will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. The CRA shall furnish appropriate auxiliary aids and services where necessary to afford an individual with a disability an equal opportunity to participate in and enjoy the benefits of a service, program, or activity conducted by the CRA. Please contact Douglas Hutchinson at 561-737-3256 at least twenty-four hours prior to the program or activity in order for the CRA to reasonably accommodate your request. Annette Shares Z:\CRA Agenda\CRA Agendas 2005\CRA Agenda February 8, 2005.doc None New Business A. Land Use Plan Amendment/Rezoninq. 7663 1. PROJECT: Boynton Beach Lofts (LUAR 05-003) AGENT: Mr. Brady Miller, AICP, Miller Land Planning Consultants, Inc. OWNER: Mr. Louis F. Mascia / Boynton Motel LLC LOCATION: 623 South Federal Highway DESCRIPTION: New Site Plan - 7664 Request to amend the Future Land Use designation from Local Retail Commercial (LRC) to Mixed Use (MX) and to rezone from Community Commercial (C-3) to Mixed-Use Low (MU-L) 1. PROJECT: Boynton Beach Lofts (NWSP 05-008) AGENT: Mr. Bradley Miller, AICP, Miller Land Planning Consultants, Inc. OWNER: Louis F. Mascia / Boynton Motel LLC LOCATION: 623 South Federal Highway DESCRIPTION: Request for new site plan approval to construct a mixed-use project consisting of 48 multi- family dwelling units, 5,364 square feet of retail, and 13,354 square feet of office on a 1.21-acre parcel in a MU-L zoning district. C. Heiqht Exception - 7665 7605 Any person who decides to appeal any decision of the Community Redevelopment Board with respect to any matter considered at this meeting will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. The CRA shall furnish appropriate auxiliary aids and services where necessary to afford an individual with a disability an equal opportunity to participate in and enjoy the benefits of a service, program, or activity conducted by the CRA. Please contact Douglas Hutchinson at 561-737-3256 at least twenty-four hours prior to the program or activity in order for the CRA to reasonably accommodate your request. Annette Shares Z:\CRA Agenda\CRA Agendas 2005'tCRA Agenda February 8, 2005.doc 1. PROJECT: Boynton Beach Lofts (HTEX 05-001) AGENT: Mr. Bradley Miller, AICP, Miller Land Planning Consultants, Inc. OWNER: Mr. Louis F. Mascia / Boynton Motel LLC LOCATION: 623 South Federal Highway DESCRIPTION: Code Review Request for a height exception of three (3) feet - two (2) inches pursuant to the City's Land Development Regulations, Chapter 2, Zoning, Section 4.F.2, to allow the mechanical room housing elevator / stair tower to be 78 feet - two (2) inches in height, a distance of three (3) feet - two (2) inches above the 75-foot maximum height allowed in the Mixed-Use Low (MU-L) zoning district. 1. PROJECT: Medical or Scientific Research Uses in M-1 (CDRV 05-003) - 7666 AGENT: City initiated LOCATION: N/A DESCRIPTION: Request for amendment to the Land Development Regulations, Chapter 2. Zoning, Section 8. M-1 Industrial District, to allow as conditional uses, uses proposed as medical or scientific research which involve the use, treatment, storage, or processing of human or animal bodies, or body parts. 2. PROJECT: Chapter22, Streets and Sidewalks(CDRV 05- 005)-7666 AGENT: City initiated - Engineering Division 7606 Any person who decides to appeal any decision of the Community Redevelopment Board with respect to any matter considered at this meeting will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. The CRA shall furnish appropriate auxiliary aids and services where necessary to afford an individual with a disability an equal opportunity to participate in and enjoy the benefits of a service, program, or activity conducted by the CRA. Please contact Douglas Hutchinson at 561-737-3256 at least twenty-four hours prior to the program or activity in order for the CRA to reasonably accommodate your request. Annette Shares Z:\CRA Agenda\CRA Agendas 2005\CRA Agenda February 8, 2005.doc LOCATION: DESCRIPTION: N/A VII Old Business. - 7686 Request for amendments to the Land Development Regulations, Chapter 22. Streets and Sidewalks related to street naming and renaming, construction of sidewalks, access to and work within public rights-of-way, and providing for appeals, work requirements and surety. A. Consideration of Assistant Director Employment Contract. - 7687 VIII New Business. - 7701 IX X XI Xll Xlll A. Consideration of Pay Scale for Planner.- 7702 Commission Action. -7713 Director's Report.-7714 Board Member Comments. -7740 Legal.-7741 Other Items. - 7742 7607 Any person who decides to appeal any decision of the Community Redevelopment Board with respect to any matter considered at this meeting will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. The CRA shall fumish appropriate auxiliary aids and services where necessary to afford an individual with a disability an equal opportunity to participate in and enjoy the benefits of a service, program, or activity conducted by the CRA. Please contact Douglas Hutchinson at 561-737-3256 at least twenty-four hours prior to the program or activity m order for the CRA to reasonably accommodate your request. Annette Shares Z:\CRA Agenda\CRA Agendas 2005\CRA Agenda February 8, 2005.doc XIV Future Agenda Items - 7743 A. Consideration of Interlocal Agreement with the City of Boynton Beach for the Boynton Beach Boulevard Extension Promenade and Riverwalk. (March). B. Consideration of Interlocal Agreement for the MLK Phase I Project (March). C. Consideration of amendment to CRA Procurement Policy (March). D. Consideration of Options for CRA Office Space (TBD). XV Adjournment. -7744 7608 Any person who decides to appeal any decision of the Community Redevelopment Board with respect to any matter considered at this meeting will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. The CRA shall furnish appropriate auxiliary aids and services where necessary to afford an individual with a disability an equal opportunity to participate in and enjoy the benefits of a service, program, or activity conducted by the C1L~. Please contact Douglas Hutchinson at 561-737-3256 at least twenty-four hours prior to the program or activity in order for the CRA to reasonably accommodate your request. Armette Shares Z:\CRA Agenda\CRA Agendas 2005\CRA Agenda February 8, 2005.doc 02?08×05 09:39 FL LEAUE OF CITIES + 9615617373~50 NO.?O! P~01/003 FLORIDA REDEVELOPMENT ASSOCIATION TO: FKOM: FAXTRAN SMITAL DATE: MESSAGE: Please/e~ll (850) 224-6779, Ex~;)258. if you h. ave any questions ~ ..... any..probiems in receiving this fax. or experience Florida Redevelopment Association 301 Soulh Bronough S~re~t, Shire 300 * Post Office Box 1757 Tollahnsee, Flmi~ 32302-1757 (~0) 2,],Z-9OM ,w l,'ax 1~o, (~SO) 222-3501b ~×08×~5 OD:G9 FL LE~UE OF CITIES a 96~5617G?G~58 N0.701 POO2×O~G 02×08×05 09:39 EL LEAUE OF CITIES a 9615617J73258 NO.?O1 P0037003 COMMUNZTY REDEVELOPMENT AGENCY - ROLL CALL VOTES I YES / NO · YES NO YES NO Chair Heavilin Alexander DeMarco Marie Horenburger Don Fenton ~[~ Steve Myott Jim Barretta Henderson Tillma~ Chair Heavilin · · · Henderson Tillman · · · Marie Horenburger · · · Don Fenton· · · Steve Myott · · · .Jim Barretta · · · Alexander DeMarco · · · I I · YES NO · YES NO · YES NO .lira Barretta I ' i Alexander DeMarco - · Marie Horenburger · Henderson Tillman I · I Steve Myott · Chair Heavilin· · Don Fenton · · · · YES NO · YES NO · YES NO Vice Chair Tillman · · · Henderson Tillman · · · Marie Horenburger · · · Jim Barretta · · · Alexander DeMarco · · · Steve Myo~ · · · Don Fenton · · · s:\cc\wp\minutes\cra\roll call sheets.dcc 7 Members - 4 Yr. Terms Ordinance No. O00-69 (Changed from Commission to independent board) COMMUNtTY REDEVELOPMENT AGENCY - 2005 LAST NAME FIRST EXPIRES ADDRESS PROFESSIONAL NAM E ASSOCI'ATI'ON Barrettaf, .lames 1/10/08 209BOYNToNN. Seacrest BEAcHBlVd'33435#1 Architect F , (561) 740-0041 DeMarco Alexander 6/20/06 10817 QUAIL COVEY RD A~ida Realty BOYNTON BEACH 33436 901 N Congress Ave - Ste. B-102  (561) 732-6789 Boynton Beach, FL 33426 (561) 736-2400 Ext. 107 Fax (561) 736-1560 cristale@bellsouth.com Fenton Don 1/10/06 2556 SW 23RD Edward Jones & Company  CRANBROOK DR 901 N Congress Avenue, Ste D-101 BOYNTON BEACH 33436 Boynton Beach, FL 33426 (561) 737-1442 (561) 737-0793 Fax (561) 364-1536 Heavilin .leanne 1/10/09 PO BOX 243693 (734 NE Salefish Realty 9TM AVE) 532 E Ocean Avenue C~/~i/' ) BOYNTON BEACH 33424 Boynton Beach, FL 33435 (561) 738-6613 I (561) 731-4474 Fax (561) 738-7911 jheavilin@msn.com Horenburge[ Marie 6/20/08 3020 PINE TREE LANE Business Consultant BOYNTON BEACH 33435 Fax (561) 733-0034 (561) 733-0041 nhorenburger@cs.com Myott Steve 1/10/09 3012 FERNWOOD DR Vice President, Commercial Division ~(~ BOYNTON BEACH FL Quincy Johnson Architects 33436 949 Clint Moore Road (561) 736-3564 Boca Raton, FL 33487 561-997-9339 X31 Tillman ,) Henderson 1/10/09 54 BENTWATER CIRCLE Spanish River High School I BOYNTON BEACH, FL 5100 .log Road 33426 Boca Aaron, FL 33496 1561/965-6776 /561/241-2200- 2540 Revised 1/28/2005 9:47 AM S:\CC~WPXBOARDS\LISTS\CRA Board.doc - 02/08/2005 6 IV. Consent Agenda Any person who decides to appeal any decision of the Community Redevelopment Board with respect to any matter considered at this meeting will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the .roceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. 760 The CRA shall furnish appropriate auxiliary aids and services 0w~ere necessary to affbrd an individual with a disabiliw an equal opportunity to participate in and enjoy the benefits ora service, program, or activity conducted by the CRA. Please contact Douglas Hutchinson at 561-737-3256 at least twenty-four hours prior to the program or activity in order for the CRA to reasonably accommodate your request. MINUTES OF THE COMMUNITY REDEVELOPMENT AGENCY REGULAR MEETING HELD IN COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA, ON TUESDAY, JANUARY 11, 2005 AT 6:30 P.M. Present: Jeanne Heavilin, Chairperson James Barretta Alexander DeMarco Don Fenton Marie Horenburger Steve Myott Stormet Norem Doug Hutchinson, CRA Director Ken Spillias, Board Attorney I. Call to Order Chairperson Heavilin called the meeting to order at 6:33 p.m. and welcomed new Board member Stormet Norem. II. Roll Call The Recording Secretary called the roll and declared a quorum was present. III. Agenda Approval A. Additions, Deletions, Corrections to the Agenda Mr. Hutchinson reported that the Barr Property public hearing items VII.A.1. and VI.BJ would be tabled, along with Item Vlli.A. (Consideration of Direct Incentive Program for Cornerstone Development's Barr Property Project). These items are being tabled in order to address incentive packages that would be offered to the residents of the trailer park. The items will appear on the March 17, 2004 agenda. The regular meeting date of the March meeting has been changed to Thursday, March 17th, because of Tallahassee Days. Chairperson Heavilin reported that Item VII.A. (Consideration of the Extension of the Arches Incentive Agreement) would be considered with the applicant's request for site plan extension. Motion Ms. Horenburger moved for approval. Motion seconded by Mr. Norem and unanimously carried. 7610 Chairperson Heavilin welcomed Mayor Taylor, Vice Mayor McCray and Commissioner Ferguson to the meeting. Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida January11,2005 IV. Consent Agenda A. Approval of Minutes of December 6, 2004 and December 14, 2004 Meetings B. Adoption of Agenda C. Consideration of Work Order #3 for Financial Advisory Services D. Consideration of Motion to Accept the Financial Audit Draft 2003-2004 Mr. Fenton removed Item D. from the Consent Agenda for discussion. E. Consideration of Adoption of Safety Plan for Boynton Beach CRA Trolley Plan F. Consideration of Fa<;ade Grant Reimbursement Request from Boynton Boundless, LLC. Mr. Hutchinson removed Item F. from the Consent Agenda because a Board member has a conflict and the item needed to be addressed separately. Motion Mr. Fenton moved for approval, as amended. Motion seconded by Mr. DeMarco and unanimously carried. VI. D. Consideration of Motion to Accept the Financial Audit Draft 2003-2004 Mr. Fenton inquired about the exceptions for the over expenditure of budget. Mr. Hutchinson explained that the former Chair had requested that the funds for the CRA events be accounted for directly against the line item for the event and that those funds needed to be separated. This does not change the figures, but is merely an accounting adjustment. In making these changes, the line items needed to be adjusted with the revenue. With regard to the accrual, Mr. Hutchinson noted that when the year was closed, a budget adjustment was made because two weeks of salary had been left out. Chairperson Heavilin inquired if the Board had to formally amend the Financial Audit Draft with the two amendments and Mr. Hutchinson stated that this was necessary. The Board must accept the draft audit report with the two amendments. Motion 76l ! Mr. Fenton moved to accept the amendments of the auditor as provided by Florida Statutes 189.418(3) and the budget. Motion seconded by Mr. Demarco and unanimously carried. 2 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida January 11, 2005 Consideration of Facade Grant Reimbursement Request from Boynton Boundless, LLC. Mr. Barretta explained that he had a conflict with this item and recused himself from voting. Mr. Barretta was furnished with Form 8B, which he completed and furnished to the Recording Secretary for inclusion with the records of the meeting. Motion Ms. Horenburger moved for approval of consideration for the Fa(;ade Grant Reimbursement Request from Boynton Boundless, LLC. that unanimously carried. Chairperson Heavilin presented the check to Michael Weiner of Boynton Boundless, LLC. and his Comptroller. Chairperson Heavilin commented Attorney Weiner for doing an excellent job in rehabilitating the building. V. Public Audience None VI. Public Hearing Old Business A. Land Use Plan Amendment/Rezoninq (Tabled to January 11,2005) 1. Project: Agent: Owner: Location: Barr Property (LUAR 04-009) John Barr, Cornerstone Premier Communities BMVFL-1, Inc. East side of Northeast 4th Street, approximately 1,000 feet south of Gateway Boulevard Description: Request to reclassify +9.88 acres of land by amending the Comprehensive Plan Future Land Use map from High Density Residential to Special High Density Residential; and Request to rezone from R-3 Multi- family Residential to (PUD) Planned Unit Development Proposed use: Townhouse community of 180 units At the request of the applicant, Item VI. A.1. was tabled to the March 17, 2004 meeting. New Site Plan (Tabled to January 11,2005) 7612 1. Project: Agent: Owner: Barr Property (NWSP 04-013) John Barr, Cornerstone Premier Communities BMVFL-1, Inc. 3 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida January11,2005 Location: East side of Northeast 4th Street, approximately 1,000 feet south of Gateway Boulevard Description: Request new site plan approval for a 180-unit townhome development on a +9.88 acre parcel in a proposed PUD zoning district At the request of the applicant, Item VI. A.1. was tabled to the March 17, 2004 meeting. Chairperson Heavilin reviewed the procedures for public hearings. Staff will first present the project along with staff's recommendation. The applicant will be provided an opportunity to make a presentation, after which any members of the public are allowed to speak. All persons would be afforded three minutes to speak. After public input, the applicant would be allowed a three-minute rebuttal. The Community Redevelopment Agency is a fact-finding body that receives public testimony; therefore, only Board members are permitted to ask questions during the public hearing. Chairperson Heavilin announced that Attorney Michael Morrell requested that he be allowed an opportunity to represent interested parties dealing with the Seaview Park Club items. Attorney Morrell will be allowed during the public hearing to briefly present his clients' positions and to cross-examine staff and the applicant. Attorney Spillias explained that any person presenting any comments, opinions or evidence to the Board must be sworn in since these are quasi-judicial hearings. Attorney Spillias administered the oath to all persons who would be testifying. Attorney Spillias also explained that all Board members must disclose any ex-parte communications they may have had with any of the applicants or their representatives regarding any items on the agenda. Attorney Spillias asked each Board member if they had anything that needed to be disclosed. ~, Don Fenton met with Michael Weiner and Andy McGregor. Attorney Spillias inquired if Mr. Fenton would be able to make a decision based upon the facts presented tonight regardless of his communication with Attorney Weiner. Mr. Fenton stated that he would be able to do this. ~ Steve Myott spoke with Michael Weiner and Andy McGregor of Lennar. Attorney Spillias asked Mr. Myott the same question and Mr. Myott stated that he would be able to do that. > Alexander DeMarco had none. > Chairperson Heavilin met with Michael Weiner and Andy McGregor to review the changes in the plan. Chairperson Heavilin also met with both Mr. Weisfisches and their attorney. Attorney Spillias asked Chairperson Heavilin the same question and Chairperson Heavilin stated that she would be able to do that. > Mr. Fenton further responded that he spoke with Mr. Weisfisch and his son. 7613 4 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida January 11, 2005 Alexander DeMarco further responded that he met with Mr. Weisfisch. Attorney Spillias asked Mr. DeMarco the same question and Mr. DeMarco stated that he would be able to do that. Mr. Norem met with Mr. Weisfisch and his father. Attorney Spillias asked Mr. Norem the same question and Mr. Norem stated that he would be able to do that. Ms. Horenburger met with both Mr. Weisfisches and Andy McGregor and Michael Weiner. Ms. Horenburger also attended an iNCA meeting where Attorney Michael Morrell was present and introduced himself to her. Attorney Spillias asked Ms. Horenburger the same question and she stated that she would be able to do that. Mr. Barretta spoke with both Mr. Weisfisches. Attorney Spillias asked Mr. Barretta the same question and he stated that he would be able to do that. Attorney Spillias inquired if there were any other attorneys present in a representative capacity on any of the items. There were none. Chairperson Heavilin welcomed Commissioner McKoy to the meeting. C. Site Plan Time Extension (Tabled to January 11,2005) Project: Agent: Owner: Location: Arches (SPTE 05-001) Ryan Weisfisch, Boynton Ventures 1, LLC Multiple Owners Southwest corner of Ocean Avenue and Federal Highway Description: Request for a second time extension of the site plan approval granted on June 3, 2003 for one (1) year from the previously extended date of December 3, 2004 to December 3, 2005 Eric Johnson, Planner with the City's Planning and Zoning Division, noted that the site plan for the Arches was approved on June 3, 2004 for Boynton Ventures 1, LLC. Prior to the application, the applicant submitted a request for a site plan time extension, which was approved for six months ending December 3, 2004. The applicant is again requesting another extension for one year ending December 3, 2005. Staff is recommending approval of the project, subject to the same 53 conditions of approval for the site plan. Bonnie Miskel, Attorney on behalf of the owner and Developer, assumed the podium and explained that the applicant, the developer, and their employees have been working diligently on the real estate transaction itself. In August 2003 an environmental issue was identified that was not corrected by the seller until December 2004. As soon as the correction was made, the applicant closed on the property within 10 days and has since assembled a team to move the project through the City as quickly as possible. She explained that they have spent over $10 million at this time. 7614 5 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida January11,2005 Since early December they have been in negotiations two acquire to additional parcels. One is the Katz property and the other is the Leiffer parcel. With these acquisitions, the applicant now feels that they have a better parcel to be developed. As a result, the site plan would have to be modified to include the new parcels, as well as obtaining other necessary approvals that result in additional time being needed. The applicant's engineer has indicated that a year is necessary to accomplish all of the foregoing. Chairperson Heavilin opened the public hearing. Since no one wished to speak, the public hearing was closed. Mr. Johnson pointed out that the build out year on the traffic concurrency is 2005 and this would have to be extended. Ms. Miskel acknowledged that they would have to submit a new letter to the City. The project would be coming back to the Board to address renewal of the incentives. Mr. DeMarco requested that the Board be furnished with periodic progress reports and Ms. Miskel agreed to provide them. Motion Mr. Fenton moved for approval of the site plan extension for the Arches (SPTE 05-001) until December 15, 2005. Motion seconded by Ms. Horenburger. Mr. Rumpf stated that there was a discrepancy between the agenda and staff's report and the correct date should be December 3, 2005. Mr. Fenton amended his motion to approve the site plan extension until December 3, 2005. Ms. Horenburger amended her second of the motion. The motion carried 7-0. VII.A. (Consideration of the Extension of the Arches Incentive Agreement) (Heard Out of Order) Mr. Hutchinson explained that the Incentive Agreement goes with the site plan approval and he would like the Board to consider extending the Incentive Program to coincide with the site plan process. Motion Ms. Horenburger moved for approval of the Incentive Plan for the project known as Arches (SPTE 05-001 ) to run concurrently with the extension just approved to December 3, 2005. Motion seconded by Mr. Fenton. Chairperson Heavilin inquired if approval of a major site plan modification could affect the Board's scoring for the incentive and the Board would have an opportunity to review this. Mr. Hutchinson stated that the Board could either grandfather in the old scoring or could do new scoring. He was optimistic that the new ~l~i would score higher than the old plan. Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida January 11, 2005 Vote Motion carried 7-0. With regard to the Barr Property postponement, Ms. Horenburger noted that the letter requested that the item be postponed until February. She questioned if the applicant was made aware of the advertising schedules and that the project could not be heard until the March meeting. Mr. Hudson responded that the applicant was not aware of this when he requested the postponement. However, staff informed the applicant that the advertising requirements for February could not be met, and, therefore, the applicant requested that the item be postponed until March 8th. The applicant has since been informed that the meeting was moved to March 17th. After the March 17th meeting, the items would go to the Commission for their April 5th meeting. New Business A. Land Use Plan Amendment/Rezonin.q Project: Agent: Owner: Seaview Park Club (LUAR 04-0'10) Weiner & Aronson, P.A. Wayne Irving and Charlene Darst Location: 1620 North Federal Highway [east side of North Federal Highway, approximately 1,000' north of the Boynton (C-16) Canal] Description: Request to reclassify _+3.81 acres of land by amending the Comprehensive Plan Future Land Use Map from Low Density Residential and Local Retail Commercial to Special High Density Residential; and Request to rezone from R-3 Multi-family Residential and C-3 Community Commercial to Infill Planned Unit Development (IPUD) 1. Project: Agent: Owner: Location: Seaview Park Club (NWSP 04-014) Weiner & Aronson, P.A. Wayne Irving and Charlene Darst 1620 North Federal Highway [east side of North Federal Highway, approximately 1,000' north of the Boynton (C- 16) Canal] Description: Request for new site plan approval for the construction of 69 condominium units on 3.756 acres in the IPUD Zoning District 7616 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida Janua~ 11,2005 Dick Hudson, AICP Senior Planner, presented the item for staff. The request was to amend the future land use designation from Local Retail Commercial and Low Density Residential to Special High Density Residential and to rezone the property from C-3 (Community Commercial) and R1-AAA single family residential to IPUD Infill Planned Unit Development The parcel size is 3.756 acres and is located on the east side of Federal Highway, approximately 1,000' north of the Boynton C-16 Canal as indicated on the site plan displayed on the screen. The purpose of the request was to construct a 69-unit condominium development. Mr. Hudson reviewed the adjacent uses. To the north is Manatee Bay, which is a multi-family residential complex, zoned R-3 Multi-family residential; to the south along Federal Highway is a developed commercial shopping strip entitled Yachtsman's Plaza, which is designated local retail commercial and zoned C-3 Community Commercial. To the east is a developed single-family neighborhood entitled Yatchtsman's Cove, which is designated Iow density at 4.84 dua and zoned R-1 AA single- family residential. The Intracoastal Waterway is east of the site and to the west are the rights-of-way to Federal Highway and the FEC Railroad and developed property fronting on NE 4th Street, which is designated high-density residential and zoned R-3 multi-family residential. Staff recommended approval of the request for the following reasons: The proposed redevelopment is located in Planning Area 1 as defined in the Federal Highway Corridor Redevelopment Plan and in the Comprehensive Plan. The proposed redevelopment meets the criteria for consideration for a Land Use Amendment as described in Policy 1.16.1 of the Future Land Use Element of the Comprehensive Plan. The project will have no additional impacts on the infrastructure. If the proposed site ptan meets the conditions of approval, it would be consistent with the intent and requirements of the IPUD regulations and would meet the compatibility requirements with the adjacent single-family neighborhood based upon the proposed landscaping buffer, the extra setbacks and through creative architectural design. The proposed project would have a positive impact upon the values of the adjacent property and would contribute to the overall economic development of the City. Since this is a small-scale land use amendment, it would be adopted at the City level before being sent to the State for review. IPUD regulations require that a site plan be adopted simultaneously with the Land Use Amendment and Rezoning. Mr. Hudson inquired if the Board wanted to review the site plan at this point. There was a consensus to review both items. Mr. Barretta had to recuse himself from voting on this project since Lennar Homes is one of his clients. Mr. Barretta completed the necessary Form 8B and furnished it to the Recording Secretary for inclusion with the minutes of the meeting. 7617 8 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida January 11, 2005 Eric Johnson, AICP Planner for the City of Boynton Beach, presented the site plan item on behalf of staff. Currently there are 64 licensed mobile homes on the property and the applicant is requesting 69 condominium units in four separate buildings. Condominium units are permitted uses within the IPUD zoning district. This would result in a project density of 18.37 dua. Staff reviewed the project for concurrency and a traffic statement was sent to the County's Traffic Division for review and the County determined that the project lies within the Coastal Residential Exception Area of the County and meets the County's traffic performance standards. The build out date is 2006, after which date no building permits could be issued. Staff reviewed the project for potable water and sanitary sewer, of which there is sufficient capacity to meet the needs of the project. Police and Fire feel that current staff levels are sufficient to meet the needs of the project. The conceptual drainage plan is adequate and a more detailed review of the drainage would be done at the time of permitting. Lastly, the County's School District has determined that there is adequate capacity to accommodate the 69 dwelling units. Mr. Johnson reviewed the curb cuts on U.S. 1 on the site plan and these would be improved to meet the City's engineering standards. Ingress would be from the north and egress would be from the south. This method of traffic flow was recommended by FDOT. The code requires that one bedroom units provide 1.5 parking spaces and two and three bedroom units require 2 parking spaces. The project only has 1 and 3 bedroom units and requires 142 parking spaces; whereas the site plan provides a total of 175 parking spaces. This equates to an excess of 33 parking spaces. The parking design calls for 72 garages, 72 tandem parking spaces and 31 off-street parking spaces. With regard to landscaping, Mr. Johnson noted that the north landscape buffer would be 3' wide and the south landscape buffer is almost 10' wide. The east landscape buffer is 10' wide by the pool and the west landscape buffer, adjacent to Federal Highway, is 20' wide. The 3' northerly buffer is not adequate; however, the project intends to combine the existing landscape buffer of the property to the north with the proposed 3'. This is acceptable to staff. The south landscape buffer is important for compliance of this project with regard to the design, compatibility requirements, and standards of the IPUD zoning district. Staff is recommending that the plant material for the south landscape buffer be mature enough to provide immediate buffering and Mr. Johnson explained how this could be accomplished. Mr. Johnson presented a diagram of how the buffer would look in front of the portion of the building at 34' and 6". The buffer with the wall would be almost 10' wide, but the planting area would be 7'9" as proposed. Mr. Johnson reviewed the line of sight from the single- family neighborhood from the south. Staff feels that the landscaping would provide adequate screening to buffer the project from the neighborhood to the south. 7618 The building as proposed would be 45' at the parapet wall and complies with code. The IPUD zoning district regulations allow a building up to 45'. However, staff must insure that Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida January11,2005 the project is compatible with the neighborhood. The property to the south is zoned R-1AA, the property to the north is zoned R-3, and along Federal Highway the zoning is C-3. The C-3 zoning district allows for a maximum building height of 45'. The R-1AA zoning district allows for a maximum building height of 30' and the R-3 allows for a maximum building height of 45'. Staff used a formula to come up with an appropriate height of 37½.' Mr. Johnson explained how staff arrived at the recommended 37½' height for the project. Mr. Johnson next presented a drawing of the elevation of the project for the benefit of the audience. He noted that staff reviewed the project for compliance with the zoning district and the intent of the IPUD and is recommending approval, subject to 54 conditions of approval. One of those conditions would be to reduce the building height of buildings 2, 3 and 4 to 38' in order to maximize compatibility of the project and the abutting properties. Mr. Myott inquired if the height of the building were reduced would this result in the loss of nine units. Mr. Johnson responded that this was probable. Mr. Fenton inquired about the economic impact this would have upon the project and Mr. Johnson was not sure on this. Mr. Hudson assumed the podium and explained that a project must meet certain criteria in Chapter 2 of the Land Development Regulations. Staff has reviewed the criteria and has looked at the Comprehensive Plan Policies and other policies that could apply to this project and determined that the proposed 69-condominium community would be replacing an existing, legal non-conforming use that is licensed for 64 mobile home units. This results in a net increase of only five units. Staff feels that the project would be replacing an antiquated mobile home park with improvements. These improvements would be a significant improvement to combating the effects of major wind damage, compared to mobile homes. The new buildings will meet the minimum standards for high velocity hurricane zones as required by the Florida Building Code. Staff has concluded that even though the project's density is greater than the abutting developments, it is consistent with the transition uses recommended in the Federal Highway Corridor Plan. Mr. Hudson explained that the applicant, at the suggestion of staff, reduced the height on the south elevation from 45' to 34' 6". On the north elevation the 45' height would be consistent with the maximum height allowed in the adjacent multi-family district. However, after staff evaluated the effects of similar situations where single-family neighborhoods abut a similar project and that the majority of homes in the single-family neighborhood are less than 30', staff has determined that compatibility would be achieved by having a structure no higher than 38'. Mr. Hudson pointed out that the starting prices of the units would be from $300,000 to $600,000 and would most likely have a positive affect upon adjacent properties. He noted that commercial uses could be allowed, but staff would prefer not to have any further commercial development along the coastal areas. This is a highly visible part of the City and the project would support the City's trend to have greater residential uses in the area. While Mr. Hudson spoke, photos of the mobile home park were displayed on the screen. Mr. Hudson reiterated that staff is recommending approval of the Land Use Amendment and Rezoning. 7~;lp [0 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida January11,2005 Attorney Mike Weiner assumed the podium and stated that was present on behalf of the applicant, Lennar Homes, Inc. He noted that Attorney Michael Morrell was present on behalf of some residents and requested that if there were some procedural issues that needed to be reviewed, he was amenable to Mr. Morrell addressing the Board. Attorney Michael Morrell assumed the podium and stated he practices Administrative, Governmental and Land Use Law in West Palm Beach. Attorney Morrell was representing 16 clients in this matter. He was under the impression that he would be allowed to cross examine the witnesses, but Attorney Spillias informed him that the Board's normal practice was to allow him to cross examine at the end of his case in chief. He was willing to abide by this, but he felt it was the Board's responsibility to instruct witnesses who testify before their case in chief and is lay testimony in support of the project that they would need to remain within the room so he would have the right to cross-examine them. Attorney Morrell stated that they filed a request for party status because they feel that the City's code did not specify what procedures the Board offered. He acknowledged that the City Attorney furnished him with the procedures that have now been provided to Attorney Spillias. If he had known this, he would not have filed this document. After Attorney Morrell filed the document, Attorney Weiner, on behalf of the applicant, filed a letter questioning the right of all but six of Mr. Morrell's clients to participate on the grounds that they were not aggrieved and adversely affected. He was not going to argue that point now. However during his case in chief, he would present evidence to show that residents on the south side of the 15th Place and along the coast and the cove at the end of the street are aggrieved and adversely affected. Attorney Weiner introduced representatives for the applicant who were in the audience as follows: Andrew McGregor from Lennar Homes; Annabelle Garcia and Andy Sullivan from the Martin Architectural Group; John Hinden, an attorney and expert on mobile home parks; and Christine Springer, from Carter and Burgess, the project manager, along with an additional representative from Carter and Burgess. Attorney Weiner questioned whether the six people that are located next to the subject property are "aggrieved parties or otherwise." He acknowledged that the Board has allowed these six people to speak, but whether they are aggrieved parties under Section 163 would be determined at another time and the applicant's acquiescence in these procedures does not mean that they have in fact consented to that status. Attorney Weiner noted that the parcel being developed is exceptional in that it is 150' wide and is seven times longer than its width, which means any development on this property would have to be unique. Attorney Weiner noted that the property is already permitted to have a development at 45' along the entire north end. Along the south end, approximately one-third is also zoned 45'. 7620 Attorney Weiner presented photos of the current conditions of the mobile home park. The mobile home park was approved for 64 units and the current project would be for 69 units for a difference of 5 units. The project would carry out the plans, policies and objectives of the City, the Federal Highway Corridor P~an and the City's 20/20 Plan in addition to ]! Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida January11,2005 contributing significantly to the tax base of the City. The project would be built that would allow people to live along the Intracoastal in safety. The project would be compatible with the surrounding area and fits the criteria of the City for Future Land Use Map changes, rezoning and site plans. Attorney Weiner presented to the Recording Secretary for inclusion in the record the following documents: · Code Enforcement violations for the mobile home park. · Curriculum Vitae for their expert witness, Andrew T. Sullivan. · List of additional Comprehensive Plan Objectives and Polices that support the land use change and rezoning. Attorney Weiner noted that staff has recommended approval of the project that meets eight criteria with respect to the Future Land Use Map and rezoning. The only comment made by staff relates to the site plan. The applicant has made substantial revisions to the project after meeting with the neighbors, CRA members, Commissioners and others. Attorney Weiner displayed the site plan of how the project would look when it was developed. The trip generation for the mobile home park is currently 503, whereas the proposed development would create 475, which is a decrease in traffic. Also, the site plan parking has an excess of 33 parking spaces. They would be planting 180 trees on the site in addition to 3,913 shrubs and plants. The code would allow a density of 20 dua, but they are requesting a little more than 18 dua. The setback for the southerly boundary (INCA) neighborhood could be 45', but they are allowing 48.32'. In accordance with the IPUD Ordinance, the site plan equals or exceeds many requirements and is providing a superior project. Attorney Weiner stated that the project would be the perfect transition from apartment rentals on the north end to single family homes on the south. The staff report approved of the architecture selected for the project and presented sample colors for the project. In summary, Attorney Weiner stated that they have done everything possible to avoid any kind of incompatibility. Andrew T. Sullivan, a registered architect and planner on behalf of the applicant, assumed the podium and stated his credentials, a printed copy of Mr. Sullivan's credentials are on file in the City Clerk's Office. Mr. Sullivan reported that he has been working with the applicant since the inception of the project and explained the approach he took in bringing the project to fruition and gave a history of the project to date. He did not feel that the project would have any impact upon the density issue. Originally, the project called for four-story buildings and they requested a variance to 48'. Staff requested that the project be brought down to 45'. They have met with the neighbors several times and after each meeting concessions on their part were made. He felt that they have gone out of their way to accommodate the neighboring community. Of the 54 staff comments, they have agreed to 53 of them. The one remaining 7621 12 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida January 11, 2005 comment is crucial to the success of the project. This project would eliminate the blight in this area of the City. If they had to reduce three units in each building, this would reduce 25% of the value of the development because these are the penthouse units. Mr. Sullivan passed around an exhibit of the elevations to the Board for review. They have worked hard to bring forth a good project and have added more detail and awnings of different shades with variations in the roofline. The size of the windows was changed many times and they are proud of the architecture of the project. After one meeting with the neighbors, they decided to reduce the south side of the building to three stories, which is the first time that he has stepped a building in this manner. If they wished to do so, they could put a 30' single-family building with a 25' setback that would have no requirement to include supplemental landscaping. If they so wished, they could build 10 such homes that would have 10 pools in each backyard, 10' from the property line. Mr. Sullivan explained that the proposed project would only have one pool that would be 100' from the properly line and the buildings are set back 48.3' from the property line. He also requested that the record indicate that a cross section of the buildings on a drawing was passed around to the Board members. Mr. Sullivan summarized what he had previously stated. He anticipated that when all the units are sold, the value of every home along the property line would increase 25%. He also pointed out that in addition to all the landscaping they would be planting, they would be putting in a 6' masonry wall along the south property line. Mr. Sullivan noted that the drainage from many of the single-family homes on the south side drains north onto their property. When the developer was made aware of this, Lennar determined to keep the 6' wall, but would build it 12" off the ground to allow the drainage from the neighboring properties to flow into the development and they will control it to make that drainage legal. Mr. Sullivan requested that th6 condition of lowering the building not become a requirement and that the height remain as submitted. Attorney Weiner assumed the podium and stated that cross-examination would take place later. Further, he was under the impression that he would have a three-minute rebuttal and would be the last person to speak. Attorney Weiner was of the opinion that they presented substantial competent evidence so that the Board could vote in favor of the Future Land Use Map Change, a rezoning and a site plan approval, to which they would agree to 53 of the 54 staff conditions. Chairperson Heavilin opened the public audience first to all persons in favor of the project. Since no one came forward, this portion of the public audience was closed. 7622 Attorney Michael Morrell assumed the podium and commended the City staff and CRA staff for their courtesies. Attorney Morrell would not be cross-examining staff tonight, but 13 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida January 11, 2005 reserved the right to do so. He noted that he did not receive the staff report until mid- morning on Friday. They have hired professional consultants and provided them with copies of the staff report. However, they have not received the consultants' reports and are reserving their right to cross-examine staff when the item goes before the Commission. Attorney Morrell introduced the people that he was representing as follows: John and Sandy Alvaro; Robert and Joan Corey; Steve and Rose Homrich; ©ssie and Rosa Leal; Stanley and Stacey Nitkowski; Adrian and Helen Winfield; James and Susan Buchanan; and Harry and Joy Woodworth. Attorney Morrell stated that the project is incompatible with the quiet single-family residential neighborhood. It is not only the height that makes it incompatible, it is the scale, the mass, density and the impact it will have upon two specific communities, the upland community and the coastal community. He pointed out that the project was especially incompatible with Yachtsman's Cove, which abuts the mangroves. Attorney Morrell asserted that the presentations of Attorney Weiner and the planner were not presented truthfully. The existing 64 units in the trailer park are a non-conforming use, which is the reason why the current owner wants to sell the property. The real increase in density of the project is the proposed special height of allowing 18.4 units per acre density from the existing land use, which is 4.84 dua. This project would dramatically increase the intensity of the property Stephan Homrich, 690 NE 15th Place, President of INCA, looked forward to working with the CRA on issues of mutual importance. INCA has a membership of over 350 households and provides a voice for its membership that is located within the CRA District. The Seaview Trailer Park belongs to INCA and is a good neighbor. They are not opposed to change, but wanted to have assurances that the change would be beneficial. INCA felt that the Lennar project would place a massive structure on a narrow lot that would create buildings that would tower over the existing homes in Yachtsman's Cove. If the Board approved the project, it would set a bad precedent for future infill development. He noted that staff and INCA worked together to re-write the new IPUD Ordinance and compatibility was of utmost importance to avoid another "Harbors Development." The re- write of the Ordinance provides that in order for the project to be approved, an IPUD project must be compatible with and preserve the character and sanctity of adjacent residential neighborhoods. The Ordinance also states that any IPUD located adjacent to existing single-family residential development must locate structures of the same unit type or height allowed by the adjacent zoning district unless vegetation, screening or other barriers achieve compatibility. INCA opines that this project would blight the area and are opposed to the project moving forward. 7623 Buck Buchanan, 807 Ocean Inlet Drive, helped develop the IPUD regulations as President of INCA. The heart of the IPUD regulations is compatibility and he felt that neither Lennar nor City staff has addressed the waterfront area. The Cove is a quiet and unique area and has remained this way because it is surrounded by single-family homes, small docks and Iow noise level, to which the project has given no such consideration. 14 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida January11,2005 He was opposed to having a 45' building along the cove and pointed out that the swimming pool would extend beyond the current sea walls. The noise from the pool would disturb their quiet neighborhood and he would like to see the pool moved elsewhere within the project. He would like to have a restriction that any dock that the project decided to develop would extend no further than the current docks, otherwise the character of the cove would completely change. Mr. Buchanan urged the Board to deny the project. Ms. Rose Homrich, 690 NE 15th Place, Yachtsman's Cove, was offended that only residents that reside adjacent to the Seaview property were allowed to speak. Ms. Homrich asserted that her house would provide a clear view to the fourth floor of the buildings. The CRA application criteria stated that the proposed developments should not be disruptive to the character of neighborhood, but should be in harmony and compatible with the present developments in the area. She does not feel that the proposed development meets this criterion. When she purchased her house, she was aware that the mobile home park was a non- conforming use and if the property were redeveloped she expected that it would be held to the same standards as the existing neighborhoods. She concurred with the previous testifiers that the project was not compatible and she was opposed to having it in her neighborhood. Further, she did not think that the landscape buffer would sufficiently screen the building. Ossie Leal, 660 NE 15th Place, resides on the south side of the proposed development. They chose to live in Boynton Beach because of its character and the character of their neighborhood, where all neighbors look out for each other. Mr. Leal reiterated what the previous speakers brought out regarding the project's incompatibility with the current communities. He felt that this project would generate excessive noise, traffic, and result in excessive overcrowding of people. Mr. Leal stated that the Comprehensive Plan in Land Use Element Policy 1.17.5 stated that the City would continue to maintain and improve the character of the existing single family and lower density neighborhoods to prevent conversions to higher density, unless it were consistent with adjacent land uses. This project is not consistent with this policy. Mr. Leal did not feel that the City Officials and developers were listening to its residents and their interests carry more weight than the neighborhoods. The codes and ordinances were too broad and as a result, his lifestyle would be affected by the size of the project. Stanley Nitkowski, 670 NE 15th Place, felt that it was the responsibility of City Officials to interpret and define policies on how to run a local government. City Officials are entrusted with the accountability of interpreting and defining how local government directly or indirectly affects its citizens and should make decisions taking these responsibilities into consideration. The new IPUD was put in place to provide structure and parameters for acceptable land development of 5 or less acres. Mr. Nitkowski noted that this Board and the Commission must enforce the intent of the IPUD to maintain the maximum height of the project at 38' as recommended by staff. 7624 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida January 11, 2005 Harry Woodworth, 685 NE 15th Place, explained that his property is at the end of the street and forms the southeast boundary of the proposed project. He concurred with previous testimony that a four-story condominium project was totally incompatible with the single-family neighborhoods. Their neighborhood is a quiet neighborhood, their docks are the same length, there are no lights shining out into the neighborhood and everyone takes care of each other. Mr. Woodworth could not see how a 45' building was a transition project. He could not comprehend how the project could fit on a 150' wide lot. He was also opposed to the location of the pool because it was approximately 30 yards from his backyard. The noise and the lights would disturb the entire bay. He was not opposed to some kind of project, but was opposed to this project. Their neighborhood is an established neighborhood and the last house that sold in the community was at $400,000 and the waterfront homes are now selling for $1 million. He was of the opinion that the existing neighborhoods should be rewarded, not destroyed. Attorney Morrell noted that Mr. Woodworth was the last of his clients to testify. Attorney Morrell referred to the line-of-sight drawing presented by the applicant. The drawing showed that only the landowners on the north side of the street, if they stood on their tot line immediately next to Lennar's lot, would not see the four stories. However, if you step back 5', all the residents on the south side of 15th Place would seethe entire top floor. He pointed out that the back elevation was bare with very little architectural articulation and the people residing in the project would be able to look down into the entire Yachtsman's Cove community. Mr. Morrell concluded his presentation. Brian Edwards, 628 NE 9th Avenue, was in agreement with the people who have testified in opposition to the project. He felt that the entire project was an injustice to the citizens. Don McPherson, 75 Seaview Circle thought that the photographs of the trailer park were negative photos. He asked where the people who live there were going to go if the project moved forward and one of Lennar's representatives informed him that there was no recourse to the trailer park residents. The trailers were not a hurricane hazard because when the hurricanes came through the City this year, there was very little damage to the trailer park and they collected less than $10,000 in damages. He did not feel that the trailer park was a blight and they paid their share of taxes. Mr. McPherson has gone blind in the past three months and was concerned how he could find a place to live since he is unemployable and has lived at the trailer park for 15 years and 645 people will have no home. David Fine, 2 G Street, lived in another mobile home park in the City and noted that the City's seal states "diversity," which he felt was allowing people to live in mobile home parks, Iow income housing, high rise condos and single family homes. He did not want the City to become Boca Raton. He pointed out that the single-family homeowners had the right to keep the homes the way they want them. He equated living next to the proposed project an atrocity. 7625 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida January11,2005 Chairperson Heavilin closed the public hearing. Attorney Weiner pointed out that the testimony of the residents does not qualify as substantial competent testimony and reviewed some of the testimony that the residents presented. He pointed out that most of the people that spoke against the project assumed that the height of the project would destroy the neighborhood, but no one offered any testimony that height destroys. Attorney Weiner was not against the citizens of the City. He was present on behalf of the citizens that worked for many years to put together the Visions 20/20 Plan and the people who worked diligently on the Federal Highway Corridor Plan. Ms. Horenburger understood that there are some conditional uses allowed in the RI-AA Zoning District, which a large portion of this project encompassed, and she further understood that conditional uses are permitted uses under certain conditions. Ms. Horenburger also inquired what conditional uses were permitted in a R1-AA zoning district. Mike Rumpf, Planning and Zoning Director, was not certain what conditional uses were permitted in this zoning district, if any. RI-AA is very restrictive and allows detached single-family homes. Churches, schools and the like are allowed in that zoning district on a case-bye-case review. Ms. Horenburger was appalled that residents in the trailer park were told that they had no recourse. She felt that the applicant should be aware of the Florida statutes that address people being displaced. The Attorney for Lennar requested to respond to Ms. Horenburger's remark. Attorney Morrell inquired if the public hearing was being reopened. The Attorney responded that he was merely responding to a Board member's question. Attorney Spillias stated that the Board members were permitted to ask questions. Attorney Morrell took exception to this and felt that he should be permitted to cross-examine the witness. Mr. Fenton pointed out that this was not a trial and that Board members were permitted to ask questions. Attorney Spillias stated that a Board member asked a legal question and since a legal response was being given, there would be no need to cross-examine a legal response and recommended that the response be limited to a legal response. John Hinden, of the law firm of Webber, Hinden, McLean & Arbiter, in the Town of Davie, Florida, represented the applicant and stated he was the Assistant Town Attorney for Davie and their Planning and Zoning Board Attorney for 15 years and is familiar with tonight's process. Attorney Hinden stated that the residents of the trailer park have recourse and he recalled speaking with Mr. McPherson at the trailer park and advised him what his recourse was under Florida Statute Chapter 723. He answered all the questions when he met with the residents of the trailer park and confirmed that all the residents were entitled to the protections under this Chapter. 7626 ]? Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida January11,2005 Ms. Horenburger pointed out that the Board was dealing with another trailer park and in those negotiations the developer was asked to go above and beyond the requirements of Chapter 723. Mr. Hutchinson explained that the reason the developer of the other trailer park was asked to go above and beyond the Statutes was due to the fact that it fit within a special district within the Heart of Boynton and the project has special conditions and covenants. This project does not qualify for those special conditions. Mr. Hutchinson noted that Lennar has not asked, nor does it qualify, for incentives. Ms. Horenburger felt that the Board should come up with a policy on dealing with people who are displaced when a new development takes over their property. Mr. Fenton was confused by staff's presentation and was surprised that they were trying to cut down the height of the project to 37½' since they had such great praise for the project. He noted that he did not receive this information until Friday by special delivery when he had already received the agenda packet previously and asked staff why they decided to change the height requirement. He felt that the applicant went abo~e and beyond the setback and landscape requirements. He did not understand why a willing seller and buyer were being penalized by making them lower the height of the project. This action sent a terrible message to developers. He felt that Item 48 of staff conditions should be deleted. Mr. DeMarco was pleased that Lennar wanted to build something in the City, but he was concerned about the citizens on the north and south sides and felt that those citizens' concerns needed to be addressed. He noted that there was not one citizen present that spoke in favor of the project and he was reluctant to vote for a project that no one was in favor of. He would like Lennar to come back with a project that the citizens would favor. Mr. Myott commented that he reviewed all of the plans and he favored the plan that was submitted prior to tonight's plan. He was not in favor of having the blank wall facing south, which was Lennar's attempt to satisfy the residents. However, Mr. Myott did not think that any kind of plan would please the neighborhood. He also acknowledged that INCA helped develop the IPUD with the 45' height limitation and should not be surprised with the design of the project. Mr. Myott recommended that the project be reconfigured to accommodate the residents; however, he thought the buildings were attractive and well designed and would not be bad neighbors from an aesthetic standpoint. Mr. Myott asked the applicant if they would be willing to reduce the height of some of the buildings along the water. Attorney Weiner noted that there have been numerous meetings with the residents and the applicant did decrease the southern half of the project. Lennar does not feel that the height of the project would destroy the neighborhood and want to keep the project as submitted, which they feel would be a great project for the City. Chairperson Heavilin requested that the dockage and lighting be addressed. 7627 Attorney Weiner responded that a photometric plan would be provided. He explained that they would be required to screen the lights to make sure the lights do not shine into the neighborhoods. He further stated that the lighting would not go beyond the borders of the property. Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida January 11, 2005 With regard to the docks, Attorney Weiner noted that there are non-permitted docks everywhere with boats going in and out at all hours of the day and night. He further stated that there are no docks involved in the development. Quintus Greene, Development Director, responded to Mr. Fenton's comment regarding staff's request to lower the height of the buildings while at the same time praising the project. Staff worked closely with INCA in revising the IPUD regulations and during that process compatibility was a major consideration. This took place after the Harbor's project was built and staff wanted to make sure that this kind of project would not happen again. Staff feels that they have an obligation to keep faith with the community and looked at how this project would fit in with the surrounding communities. Currently there is a multi-family development in the area, which is 38' high, and staff felt that this development should be no higher than the adjacent existing multi-family development. Mr. Fenton asked about the height of the Harbor's project and Mr. Greene stated that it was 43' in height. Chairperson Heavilin did not think that the project would result in a great deal of noise, but she had some concerns about the compatibility of the project. However, she did agree with Mr. Myott's comment that there would never be a perfect project and the project being presented tonight was about the best you could get. She could support the project if it met the 38' height limit. She noted that the Federal Highway Corridor Plan was to steep the heights towards the north and south ends of the City. Ms. Horenburger could support the Land Use and staff's recommendation. If the Board did proceed in this direction, what affect would this have upon the site plan? Mr. Fenton felt that if the nine top apartments were eliminated this would result in an economic impact for the developer, which was contrary to one of the functions of the CRA. The applicant asked for no incentives and has not exceeded the height limitation. Mike Rumpf responded to Ms. Horenburger's question and noted that staff takes these things into consideration, especially when they support the project and tries to avoid having an applicant go back through an application process. Staff feels that the project could move forward if the applicant eliminated the floor that could be done subsequent to the approval process. Motion Ms. Horenburger moved to amend the Future Land Use Designation from Local Retail Commercial and Low Density Residential to Special High Density Residential. Motion seconded by Mr. Myott. The Motion carried 6-0 (Mr. Barretta abstained). Motion 7628 Ms. Horenburger moved to approve the request to rezone the property from C-3 (Community Commercial) and RI-AA (single family residential) to IPUD (Infill Planned Unit Development). Motion seconded by Mr. Myott and carried 5-1 (Mr. DeMarco dissenting) (Mr. Barretta abstained). Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida Janua~ 11,2005 Motion Ms. Horenburger moved to approve the site plan for Seaview Park Club (NWSP 04-014) with all staff recommendations. Motion failed for lack of a second. Motion Mr. Norem moved for approval of the site plan for Seaview Park Club (NWSP 04-014) incorporating all staff recommendations with the exception of Condition #48. Motion seconded by Mr. Fenton. The Recording Secretary called the roll. The motion failed 3-3 (Chairperson Heavilin, Mr. DeMarco and Ms. Horenburger dissenting). (Mr. Barretta abstained). .Motion Ms. Horenburger moved to approve the site plan for Seaview Park Club (NWSP 04-014) with all staff recommendations. Motion failed for lack of a second. Attorney Spillias explained that the recommendation to the City Commission from the CRA would be to approve the Land Use Amendment and Rezoning. There would be no recommendation on the site plan approval. Mr. Norem requested that the Board proceed with the balance of the agenda items, to which the Board agreed. Recess was declared at 9:30 p.m. The Meeting reconvened at 9:40 p.m. Chairperson Heavilin noted that the Board voted on two items dealing with the Arches without removing them from the table. Chairperson Heavilin inquired if the entire motions would have to be made again. Attorney Spillias stated that the motions would not have to be made again, but the items had to be removed from the table. C. Site Plan Time Extension (Tabled to January 11,2005) Project: Agent: Owner: Location: Arches (SPTE 05-001) Ryan Weisfisch, Boynton Ventures 1, LLC Multiple Owners Southwest corner of Ocean Avenue and Federal Highway Description: Request for a second time extension of the site plan on June 3, 2003 for one (1) year from the previously extended date of December 3, 2004 to December 3, 2005 7629 2O Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida January 11, 2005 Motion Mr. Myott moved to remove Item VI.A.1 from the table. Motion seconded by Ms. Horenburger and unanimously carried. Motion Ms. Horenburger moved to ratify the Board's action regarding Item VI.A. to extend the site plan to December 3, 2005. Motion seconded by Mr. Myott and unanimously carried. Consideration of Extension of the Arches Incentive Agreement (Tabled to January 11, 2005) Motion Mr. Norem moved to ratify the Board's action regarding Item VII.A. to approve the Incentive Plan for the project known as the Arches (SPTE 05-001) to run concurrently with the extension. Motion seconded by Ms. Horenburger and unanimously carried. VII. Old Business Consideration of Extension of the Arches Incentive Agreement (Tabled to January 11,2005) (Previously addressed) VIII. New Business Consideration of Direct Incentive Program for Cornerstone Development's Barr Property Project IX. Commission Action A. Barr Property (LUAR 04-009) Tabled B. Barr Property (NWSP 04-013) Tabled X. Director's Report Mr. Hutchinson announced that the March meeting would take place on March 17, 2004. Anyone wanting to attend the Tallahassee Day event should let Mr. Hutchinson know. The CRA retreat has been scheduled for Friday evening, February 18th through noon on Sunday, February 20th in Naples, Florida. The hotel that they would be staying in is owned by the Chairperson of Naples' CRA. He would like for both Boards to meet. 7630 21 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida January 11, 2005 XI. Board Member Comments Mr. Myott asked Mr. Hutchinson to consult with other parties, such as Kurt Bressner, Mike Rumpf and Legal to determine what the Board needed to know. He felt that this might help the Board garner more information when addressing complex issues. Mr. Hutchinson noted that the CRA operations consist of: design, operation, organization, promotion, and economic restructuring. Each of these categories will be discussed at the retreat. Board members will be provided within a week with an outline of discussion for the retreat. Board members are encouraged to request items that they would like to see included in the agenda. Mr. Hutchinson reported that an opportunity has arisen to fill the position of Assistant CRA Director. Mr. Dale Sugerman has indicated that he would be open to accepting the position as Assistant CRA Director. Mr. Sugerman is the liaison for all of the Board's purchasing in the Heart of Boynton, with his forte being on the operation side of the CRA. He noted that currently staff has to wear many hats. He would like the Board to approve hiring Mr. Sugerman at an annual salary of $97,850. Mr. Hutchinson noted that this was out of the pay scale, but he felt that the pay scale needed to be adjusted. Mr. Sugerman's salary would be prorated to October 1, 2004. During this period, the CRA would be revamping its pay scale, benefit packages, etc. Mr. Hutchinson pointed out that this would be a pay decrease for Mr. Sugerman and Mr. Sugerman requested that from this date to the end of the fiscal year, the salary pro rata would remain in effect. There is a great discrepancy in the benefits paid by the City and the CRA and this needed to be addressed. Mr. Hutchinson would bring this back to the Board to make the CRA benefit package more equitable. Mr. Hutchinson would like to bring Mr. Sugerman onboard as soon as possible because he would like him included in the retreat. This was a great opportunity for the CRA to have the caliber of Mr. Sugerman's expertise onboard. Mr. Bressner and Mayor Taylor were present to answer any questions. Mr. Hutchinson spoke with Mr. Bressner regarding Mr. Sugerman coming to the CRA and if any Board member had any questions or concerns, they were welcomed to express them. Ms. Horenburger inquired if the City was under the State's pension system. Mr. Bressner responded that the City had its own pension plan. The CRA has a pension plan governed by Code 457 of the IRS. Mr. Hutchinson explained that this would be further examined and this would be an area that Mr. Sugerman could look into. 7631 Mr. Bressner stated that Mr. Hutchinson informed him that he spoke with Mr. Sugerman about joining the CRA. Mr. Bressner felt that this would work well and would be a good opportunity for the CRA to have a person onboard with Mr. Sugerman's background. He felt that when the CRA becomes involved in the Museum project there would be a multitude of issues to deal with that Mr. Sugerman could easily handle. Mr. Bressner stated that this was a move that he could support and would encourage it. 22 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida January 11, 2005 Chairperson Heavilin was very excited about having Mr. Sugerman join the CRA and has worked with Mr. Sugerman on many projects over the years. She felt that he would be the perfect person to round off the CRA personnel. Mr. Fenton inquired if there was an Assistant Director position and Mr. Hutchinson stated that it was included in the CRA job classifications. Mr. Fenton questioned why Mr. Hutchinson would hire an Assistant that would make more money than he did. Mr. Fenton felt that it was ridiculous to have an Assistant Director make more money than the Director himself. Mr. Fenton also stated that he was not in a position to increase Mr. Hutchinson's salary at this time. Mr. Hutchinson felt that this could be better discussed at the retreat and why he would like to bring Mr. Sugerman on board. He acknowledged that some adjustments in the pay scale would have to be made. With all the projects that the Board is involved in, Mr. Hutchinson felt it was important to have skilled personnel on staff and that it was unfair to have the CRA Controller running a trolley system. Mr. Myott inquired if Mr. Hutchinson wanted the Board to approve making an offer to Mr. Sugerman tonight. Mr. Hutchinson stated that this was his intent and that the offer would be at a pro rata share of the $97,850 until the first of the year. Motion Mr. Myott moved that the CRA extend an offer to Dale Sugerman of the Assistant Director's position at the salary of $97,850 that would be in effect until the end of the CRA fiscal year. Motion seconded by Mr. DeMarco. The Board would then entertain entering into an employment contract similar to the contract with Mr. Hutchinson. Mr. Norem asked if the CRA's benefit package was a defined contribution or defined benefit plan. Mr. Fenton explained that it was a defined contribution plan. Vote The motion carried 6-1 (Mr. Fenton dissenting). Xll. Legal Xlll. Other Items Ms. Horenburger requested that the Board's agenda be furnished in a binder. XlV. Future Agenda Items 7632 A. Consideration of Interlocal Agreement with the City of Boynton Beach for the Boynton Beach Boulevard Extension Promenade and Riverwalk (February) B. Consideration of Interlocal Agreement for the MLK Phase I Project (February) 23 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida January 11, 2005 C. Consideration of amendment to CRA Procurement Policy (February) D. Consideration of Options for CRA Office Space (February) E. Consideration of Final Direct Incentive Agreement for the Promenade Project (February) F. Consideration of CRA Retreat (February) Mr. Hutchinson noted that two budget items needed to be addressed. The CRA would be saving approximately $300,000 on the purchase of an office building. Secondly, the County informed him that the CRA would be receiving $420,000 in additional TIF funds that were not forecasted. Chairperson Heavilin noted that there was no Vice Chair and asked Mr. Hutchinson if the Board could appoint a second signatory in the event she was not available to sign checks. Attorney Spillias requested that the election of a Vice Chair be added to next month's agenda, but was informed that the City Commission elects the Chair and Vice Chair. He requested that the City Commission add this to their next Agenda. Mr. Bressner stated that this would normally be done during the last week in March. Motion Mr. Myott nominated Don Fenton as a signatory for the CRA until a Vice Chair is elected. Motion Mr. Fenton nominated Stormet Norem as a signatory for the CRA until a Vice Chair is elected. Mr. Myott seconded the motion that carried 6-0. (Mr. Norem abstaining). With regard to the Board's retreat, Mr. Bressner noted that the City Commission adopted a strategic plan last June, and he will update Mr. Hutchinson on the highlights of the Plan. There were many things in that Plan that could impact the CRA's work plan and he wanted to make sure that the elements of the Commission's strategic plan are included in the CRA discussions because the Commission expects the CRA to carry out the intent of their Plan. Chairperson Heavilin thanked Attorney Spillias for keeping the Board abreast on the legality of the procedure process and recommended that the Board hold a workshop on meeting procedures sometime in the future. 7633 24 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida January 11, 2005 XV. Adjournment There being no further business, the meeting properly adjourned at 10:15 p.m. Respectfully submitted, Barbara M. Madden Barbara M. Madden Recording Secretary (January 13, 2005) 7634 25 BOYNTON BEACH CRA AGENDA ITEM REQUEST FORM Requested CRA Date Final Materials Must be Requested CRA Date Final Materials Must be Turned int._.~o Meeting Dates Turned Meeting Dates CRA Office into CRA Office [] January I I, 2005 December 28, 2004 (Noon) [] Jul}, 12, 2005 June 28, 2005 (Noon) February 8, 2005 January 25, 2005 (Noon) [] August 9, 2005 July 26, 2005 (Noon) [] March 8, 2005 February 22, 2005 (Noon) [] September 13, 2005 August 30, 2005 (Noon) [] April 12, 2005 March 29, 2005 (Noon) [] October l 1,2005 September 27, 2005(Noon) [] May 10, 2005 April 26, 2005 (Noon) [] November 8, 2005 October 25, 2005 (Noon) [] June 14, 2005 May 3 I, 2005 (Noon) [] December 13, 2005 November 29, 2005 (Noon) NATURE OF · Consent Agenda [] Old Business [] Legal AGENDA ITEM [] Director's Report [] New Business [] Future Agenda Items [] Other Item DATE: January 30, 2005 SUBJECT SU'MMARY PARAGRAPH: December Financials are being presented to the CRA Board for approval. Attached is the Balance Sheet, Income Statement, Budget to Actual and Statement of Cash Flows. RECOMMENDATION: Staff is recommending approval of the Financials. EXPLANATION: (Background of the issue: Who, What, Where, When, How, Etc.) Financials are presented to the CRA Board for approval each month. FISCAL IMPACT: The Financial are presented according to GAPP and Budget. ALTERNATIVES: Not to approve the Financials. CRA Staff Do~ggla~'hinson, CRA Director 7635 Annett shares C \Susan_shared f~les\merllOS~Vleillo CRA Agenda Item Request form - Financials 2doc MEMO TO: CRA Board FROM: Susan Vielhauer SUBJECT: December Financials DATE: January 30, 2005 INCOME STATEMENT NOTES We received $17,948.44 for the month of December in interest from the Money Market Account and SBA Accounts. BALANCE SHEET NOTES Cash and Cash Equivalents include $52,089.38 operating account, $6,106,837.33 money market account, $500 petty cash and $17,603,001.81 SBA Investment Account. Account Payable expenses of $438.26 will be paid in full by January 15th, 2005. BUDGET TO ACTUAL COMPARISON NOTER The Year to Date Total Column includes income and expenses, which have been approved by the CRA Board to date. The Current Period includes the beginning balance of all accounts as of the first of the month. Current Revenues received this month include $17,948.44 in interest. Currently the % of budget remaining should be 24% of the total approved budget. The following categories are below or above the 24% average by 10% or more due to the following reasons: 1. Tlr Taxes - Over, due to timing when payments are received. Susan's share V:\memos\MEMOfinancialsl.doc 2. Retirement 457 Plan - Under, due to only one employee is participating at this time. 3. Legal Expense - Under, due to timing of billings for exiting and new Legal Staff. 4. Lobbying Expense - Under, due to account will be billed as used. 5. City Staff- Under, due to timing on receiving bills. 6. Contracted Services - Under, due to timing of contracted projects are not at set times each month. 7. Audit Expense - Under, due to one time expense. 8. Office Leasehold & Moving - Over, due to costs that are a one-time expense. 9. Property/General Insurance - Over, due to costs that are a one-time expense. 10. Bond Insurance- Over, due to one time payment for a full year. 11. Professional Insurance - Over, due to one time payment for a full year. 12. Promotional/Business Meeting - Over, due to trip to Memphis, Tennessee for the Arches Project. 13. Associations Meetings/Seminars - Over, due to IDA Conference. 14.Office Equipment/Furniture - Over, due to one time expense to move office and set up new positions. 15. Membership/Subscriptions - Over, due to timing of subscription renewals. 16. Office Expense - Under due to timing of purchases. 17. Licenses, Fees, Permits - Under, due to timing of expenses. This expense category will be billed as necessary. 18. Books/Publications - Over, due to timing of purchases. 19.Advertising/Legal Notices - Over, due to timing of Advertisements or Legal Notices placed. 20. Newsletter - Under, due to newsletters are quarterly. Staff is in the process of producing the newsletter now. 21.Miscellaneous - Over, due to CRA contributing to Palm Beach County Days. Staff wilt be requesting a budget transfer. 22. Debt Services - Under, due to semi-annual payments. 23.Transportation/Trolley - Under, due to Trolley Program is being developed at this time. ?63? Susan's share V:\memos\MEMOfinancialsl.doc 24. Fagade Grants - Under, due to existing grant are not complete at this time. Approved Fa~:ade Grants Delray-Boynton Academy Colonial Condo Assoc. Sailfish Realty Saint Mark Church $15,000 $15,000 $ 9,226.17 $15,000 25. Economic Development Grants - Under, due to existing grants are not complete at this time. Approved Economic Grants Yellow Beard D/B/A Boynton Seafood $10,000 Innovative Windows Concepts $25,000 Delray-Boynton Academy $50,000 26. Projects - Under due to timing of projects. Susan's share V:\memos\MEMOfinancialsl.doc 7638 Community Redevelopment Agency of Boynton Beach Balance Sheet Government Funds December 31, 2004 ASSETS Total Community Redevelopment Cash and Cash Equivalents Receivables Prepaid Expenses Bond Issuance Cost Fixed Assets Real Estate Relax Inn RiverWalk / Promenade / BBB Extension RiverWalk / Promenade / Land MLK Accumulated Depreciation- Fixed Assets Work in Progress Assets Relax Inn RiverWalk / Promenade / BBB Extension RiverWalk / Promenade / Land MLK Total Work in Progress Assets Furniture / Equipment Accumulated Depreciation-Fum./Equip Total Assets LIABILITIES AND FUND BALANCES Liabilities: Accounts Payable Accrued Liabilities Note Payable Bonds Payable Total Liabilities Fund Balances: General Fund Change in Fund Balance Total Fund Balances Total Liabilities and Fund Balances $ 23,762,428.52 $ 61,799.12 $ 3,542.10 $ 273,326.80 869,209.96 $ 766,156.65 $ 74,373.90 $ (6,867.97) $ 25,803,969.08 $ 438.26 $ 31,779.39 $ 2,752,345.10 $ 19,770,096.45 $ 22,554,659.20 $ 2,475,322.89 $ 773,986.99 $ 3,249,309.88 $ 25,803,969.08 7639 Income Statement _R~v~nue]__ -- , Curren{ ~ '- -YTD ~ ~Current Total Tax Increment Funds ~ I ax Increment Funds: $1 453,281.00 $0 O0 $1,453,281 O0 Total Tax Increment Funds $1 453,281 O0 i 0 O0 i ' ~ ' i I $ ' 4 $1,453 28100 City Funds; --~ ' %~ -' fotal 8ity Funds $0 00 ..... . $0.00 $0.00 Grants, Project Reimbursements ' ~ - Total Grants and Pro ects ¢ $0.00 , $0.00 ~ $0.00 Interest ncome ; $17 948 44 i ~10 403 4 Total Interest Income I $17 948 44 ~tn nnq ~o Othe[ Income--' / V' Other Income ---~ $0;~0 ~ ~ '$4,415.00 ~ ~ '-~,4~5~00 ~ot~com~ I $0.00~ ~ $4,415.00~ j $4,415.00 ' ! Total Sources of Funds $1,471,229.44 $14,818.49 $1,486,047.93 7640 Income Statement Use of Funds Current YTD Current Total Debt Service Debt Service Princ Dal Payment $0.00 $0.00 SQ00 merest Exoense Pg_ymem $0.00 $0.00 $0.00= Bond Princial Payment $0.00 $000 $0.00 Bond Interest Payment $0,00 $0.00 $0.00 Total Debt Service $0.00 $0.00 $0.00 Program Expenses Web Site Uooates Exoans*on $11970 $500.00 $619.70 Printin~ & Promobonal Programs $68.90 $1 739.00 $1.807.90 Police Programs $26 801.23 $31 60597 - $58,407.20 Transportation / Trolley $1 250.00 $1 39680 $2.646.80 Festivals / Events Bus Programs $964.00 $48 16800 $49.132.00 Hlg_h_~chool Projecl $0.00 $0.00 $0_00 Facade Gr.a?t Progra_m $1 800.00 $11.000.00 j $12.800.00 Economic Incentive Program $(~_00: $000 $000 Miscellaneous Programs $0.00 $0.00 $0.00 Total-Program Expenses $1.800.00 $11.000.00 $125.413.60 Project Expenses Riverw~lk / Promenade Project $202.780.18 $167 38391 $369.864.09 HOB Commercial/ImDrovemems $0.00 $10.004.83 $10~004.83 Wa~,-F~nding Signage $0.00 $0.00 $0.00 Marina Parking_Garage $0.00 $0 O0 $0.00 CBD Parking Site $000 $0.00 $0.00 Savage Creatures Comelex SQO0 $000 $0.00 Miscellaneous Projects $0.00 $0.00 SQO0 Total Projects Expenses $202.780.18 $177,088.74 $379.868.92 General & Administrative Salaries & Contract Labor Payroll Tax Disability Retirement 457 Plan Accrued :Time Off Workers ComDensauon Health Insurance Life Insurance Professional Fees - Audit Professional Fees - City Staff Professional Fees - Contracted Serwces Professional Fees - Lega~ Professional Fees - Mainl & Cleamng Professional Fees - - SUDDOrt RentExpense Telephone Expense Eteotnc ExPense Eauiamem Leases Off,ce Leaseno~o Improvements $19 600 77 $1 025,54 $42.141,28 $61 742.05 $2.699.89 $3.72543 $132.02 $396.06 $528.08 $20000 $48000 $680,00 $754 17 $1 76315 $2.517.32 $132.39 $26478 $397.17 $0.00 $3525,72 $3,52572 $71,41 $142,82 $21423 $000 $0 00 $0.00 $0.00 $35846 $358.46 $14 09516 $12 369.17 $29500 $0.00 Sl.60000 $288.16 $0.00 $448 40 $36275 $72570 $6500 $2.91596 $55 103.88 $69 19904 $2.504.60 $14.87377 $571.50 $86650 $6 299.25 $6,299,25 $4.800,00 $6,40000 $1.209.05 $1.497,21 $44840 $1_08845 $2.980,96I 7641 Income Statement ~ I i Current ! YTD Current Total Prope~'~-y / Gen-eral Insurance ' ~ $6~ 80 ' -~14 -- - _ . / $ 5.54~ $214.34 Bonding Insurance 1 -' $27 167 f' ~ -- - _~ _. f ~24.4~I $51.64 Professional Insurance i $206.66~ $353.18~ -$559.84 Promo~onal [§bs~ne~ M~i~ i $2,0~ ~ I $2.~ h~ ~ ~ ~ ~o C~ Meeting/Presentation ' [ $0'0~ ~ - ' ~6'~ - ~'"~6:~' ~ciati0n Meetin~ % ~'~:8~ ! ' ~58'75i ~15~ Mileage ~el~ se~ic~ ; ~0.00 -- ~ ~ , . $272.81 ....... C_ar AIIov~gnce D rector ~ $28~.26 ! ' $708~g8-- ! $99424. _Office Suppl!e_s $J_,~14.7~i $1,~3~71 ! F $3~58~7 Office Expense i $62.00~~ $27 ,~ ~)ffi~e_Equlpment~_F_uiniture -~ -$287:50~ ~ ~6015.~8 [ ~ $6,3~)~:78 Licenses, Fees Permits $15555 ~-~'~ ~o^ ^o Membership Subscrptons ~ $433.64 I - ~:~ oe? ~'~ --' -- " - T - ' ~ + ~''~ ~u~ ' ~'''~''~ Books & Pubhcabons ~ $0 i ~R~ ~o ~dved~s~ne~xpense $0.00 i ! $1 006.59 j ~- ~1,006 ~9 Career Developme~( [ "$0:00 i ~ $19~.~ ~ I ~'~0.00 Office Printing ! $18 5~ % ~ ~ arKeung and Promotions i $000~ ; ~h~ Miscellaneous I $40.00 [ $2,500 00 Deprec~i0n E~pense - $1,23~47 ! ~4~n~ , - _ Interest_ Expense t~-$0 ~! %~ ~oz.o~ Total General & Administrat'v~ ~7 ~7 ~ 1 ~ ~a ~n ~~ Total Application of Funds ~262 017 83 I ~7 49e ~ ~u~S°u~ce~inExcess°f~licati°n i$%209,2~.6~ I,I {$322,S~.02~1 ~ 7642 December 31,2004 Beginning Balance R~ -hues Jxes [~,~ Proceeds Grant Funding Interest Income Other Income Total Revenue Expenditures Personel Cost Salary Expense Payroll Taxes Retirement 457 Plan Shod Term / Long Term Disability Workers Comp Health Insurance Life Insurance Total Personel Cost Professional Services Legal Lobbying - Sta~e & Federal City Staff Contracted Services Audit IT. Suppod Total Professional Services Office Rent Expense Main[ & C~eaning Office Leasehold & Moving Phone Expense E' -lc Expense O 'otal Equipment Leases Expenses Community Redevelopment Agency of Boynton Beach Amended Year To Current YTD 04/05 % of 2004/2005 2004/2005 Date Period Totals Including Budget Budget Budget Budget Totals December Current Month Remaining Remaining 2,911,982.00 3,668,20300 3,668,203 00 2,620,449 60 3,668,20300 3,467,422 00 3,467,422 00 0.00 1,453,281 00 1,453,26100 2,014,141 00 58% 000 17,716,86800 000 17,833,51965 17,833,519.65 000 N/A 000 000 000 000 0.00 0.00 0% 33,54800 195,215.00 10,403.49 17,948.44 28,351 93 166,86307 85% 304,60400 304,60400 4,41500 0 00 4,41500 300,18900 0% 6,717,556.00 25,352,312.00 3,683,021.49 21,925,198.69 22,987,770.58 2,481,193.07 223,566.00 258,566.00 42,141 28 19,600 77 61,742 05 196,823 95 76% 16,767.00 19,392.00 2,69989 1,025.54 3,72543 15,66657 81% 11,17800 11,17800 480 00 20000 68000 10,49800 94% 2,03800 2,46800 39606 132 02 52808 1,93992 79% 1,824.00 2,28000 768.28 000 76828 1,511 72 66% 23,852.00 29,81500 3,525.72 000 3,525.72 26,289.28 88% 861.00 1,031 00 14282 71.41 21423 816.77 79% 280,086.00 324,730.00 50,154.05 21,029.74 71,183.79 253,546.21 91% 75,000 00 175,000 00 2,50460 12,36917 14,87377 160,12623 92% 000 30,000.00 000 0 00 000 30,00000 100% 7,500 00 7,50000 35846 0.00 35846 7,141 54 95% 220,00000 505,23300 55,10388 14,095 16 69,19904 436,033.96 86% 8,50000 8,50000 000 000 0 00 8,500.00 100% 16,00000 20,41500 6,29925 000 6,299.25 14,11575 69% 327,000.00 746,648.00 64,266.19 26,464.33 90,730.52 655,917.48 88% 19,20000 19,20000 4,80000 1,600 00 6,400.00 12,800 00 67% 4,100.00 4,100.00 571.50 295 00 866 50 3,23350 79% 750~00 3,942 00 2,915 96 65.00 2,980.96 961 04 24% 8,500.00 8,50000 1,20905 288 16 1,49721 7,00279 82% 2,16000 2,16000 44840 0.00 448.40 1,711.60 79% 34,710.00 37,902.00 9,944.91 2,248.16 12,193.07 25,708.93 68% 4,500.00 4,500.00 725.70 362.75 1,088.45 3,411.55 76% Insurance Property/General Insurance 2,051.00 2,051.00 214 34 931 78 1,146.12 904 88 44% Bond/Liability Insurance 40000 40000 370.69 000 370.69 2931 7% Professional insurance 4,04900 4,04900 2,480 00 0.00 2,48000 1,569.00 39% Insurance Total 6,500.00 6,500.00 3,065.03 931.78 3,996.81 2,503.19 39% Travel I Entertainment Expense Promotional/Business Meetings CRA Meeting / Presentation Association Meeting & Seminars Mileage & Delivery Services Car Allowance- Director Total Travel Expenses 000 4,50000 2,75503 2,006.76 4,761 79 -261.79 -6% 000 2,150.00 000 000 000 2,150 00 100% 0 00 11,22200 4,565.88 000 4,56588 6,656 12 59% 1,08000 1,08000 272 81 0.00 272 81 80719 75% 3,70800 3,70800 70898 285 26 994.24 2,713 76 73% 4,788.00 22,660.00 8,302.70 2,292.02 10,594.72 12,065.26 53% Office Supplies Office Equipment/Furniture 000 13,42700 6,015 28 287 50 6,30278 7,124.22 53% Office Expense 1,500 00 1,500 00 2750 6200 89.50 1,410 50 94% Office Supplies 9,50000 9,50000 1,743.71 1,614 76 3,35847 6,141 53 65% Total Office Supplies 11,000.00 24,427.00 7,786.49 1,964.26 9,750.75 14,676.25 60% Licenses, Books, Publication Licenses/Fees/Permits 1,250.00 1,250 00 24.53 15555 18008 1,06992 86% Membership/Subscriptions 3,98400 3,98400 1,297 98 433.64 1,731 62 2,252 38 57% Books/Publications 1,000 00 1,000.00 641 92 000 641 92 35808 36% Total Licenses, Books, Publication 6,234.00 6,234.00 1,964.43 589.19 2,553.62 3,680.38 59% Advertising & Public Notices 1,500.00 1,500.00 1,006.59 0.00 1,006.59 493.41 33% Career Development 0.00 3,000.00 190.00 0.00 190.00 2,810.00 94% Of tinting Expense C ,'rinting 2,500.00 2,500.00 10008 1855 11863 2,381 37 95% Newsletter 2,50000 2,50000 0.00 0 00 0 00 2,50000 100% Printing -Annuai Reports, Brochures 0.00 15,000.00 1,73900 68.90 1,80790 13,192 10 88% Total Office Printing Expense 5,000.00 20,000.00 1,839.08 7(~4~ 87.45 1,926.53 18,073.47 90% Miscellaneous Expense 1,000.00 1,000.00 2,562.69 40.00 2,602.69 -1,602.69 -160% Debt Service Principal Payment Interest Expense Debt (P&I) Bond Issuance Cost Total Debt Service Operating Expense 2004/2005 Budget 134,925.23 182,37273 000 0,00 317,297.96 Amended 2004/2005 Budget YearTo Date Totats Current YTD 04/05 % of Period Totals Including Budget Budget December Current Month Remainin~ Remaining 0 00 0.00 134,92523 100% 0.00 0 00 182,372 73 100% 0 00 0.00 429,308.00 100% 273,326.80 273,32680 -273,326.80 0% 273,326.80 273,326,80 473,279.16 63% 134,925.23 182,372 73 429,30800 000 000 000 000 000 746,605.96 0.00 999,615.96 1,945,706.96 149,988.76 329,249.03 479,217.81 1,446,489.15 7644 PROGRAMS Web Site Update/Expansion ortation / Trolley Assembly & Redevelopment Single Famdy Residental Fagade Grants PROJECTS CRA Office Space BBB/Land/Riverwalk / Promanade Way-Finding Signage Marina Parking Garage Town Square Project TOTALS EXPENSES Total Reserve Balance Before Debt TOTAL RESERVE BALANCE Amended Year TO Current YTD 03/04 % of 2004/2005 2004/2005 Date Period Totals Including Budget Budget Budget Bud(iet Totals December Current Month Remaining Remainin~l 5,00000 19,37800 500 O0 11970 61970 18,758.30 350,00000 557,36800 78,94397 26,801 23 105,74520 451,62280 471,966.00 471,96600 1,39680 1,250 O0 2,646.80 469,31920 000 90,00000 000 000 000 90,00000 000 100,00000 0 00 0.00 0 00 100,000 00 51,025.00 66,025.00 48,16800 964 00 49,132 00 16,893 00 181,11800 181,118 00 11,00000 1,800.00 12,800 00 168,31800 18,882.00 185,000 00 0.00 0 00 0 00 185,000.00 0.00 150,000 00 0.00 000 0.00 150,00000 2,910,492 00 5,535,172.00 167,08391 202,78018 369,864 09 5,165,307 91 684,45700 2,000,00000 605,51043 170,65105 776,16148 1,223,83852 0.00 58,465 00 000 000 0.00 58,465.00 750,000 O0 750,000.00 0 O0 0 O0 0 O0 750,000 O0 000 50,00000 0.00 0.00 000 50,000.00 000 175,000 O0 0.00 0.00 0.00 175,00000 000 55,00000 000 0 O0 000 55,000.00 97% 81% 99% 100% 100% 26% 93% 100% 100% 93% 61% 100% 100% 100% 100% 100% 6,422,555.96 12,390,19896 1,062,571 89 733,615 19 1,796,187 08 10,574,01188 295,000.04 12,962,11304 2,620,44960 21,191,58350 21,191,58350 250,00000 503,527.00 503,52700 0 00 503,527 00 0.00 000 0.00 1,707,250 00 1,707,25000 45,000,04 12,458,586,04 2,620,44960 21,191,58350 21,191,58350 7645 STATEMENT OF CASH FLOWS BEGINNING CASH BALANCE REVENUES ~.rest Income Sun Trust/SBA Total Interest Income Bond Proceeds Bond Proceeds Total Bond Proceeds TIF Tax Increment Check County Total TIF TOTAL REVENUES EXPENDITURES Salaries Expense Payroll Week #1 Bonus Check Payroll Week #2 Texas Child Support Unit Texas Child Support Unit 942 Payroll Taxes December 941 Payroll Taxes November 942 Payroll Taxes December Total Salaries Expense Short Term/Long Term Disability The Principal Financial Group - December al Short Term/Long Term Disability Life Insurance Expense First Colony Life insurance Total Life Insurance Expense Retirement Lord Abbot Lord Abbot Total Retirement Expense Professional Fees - Legal Lewis, Longman & Walker Goren, Cherof, Doody & Ezrol PA Total Professional Fees - Legal Professional Fees ~ Contracted The RMPK Group Jonathan Ricketts Total Professional Fees - Contracted Professional Fees - Maint. & Cleaning CK Locksmith Green Team Pest Alan Business Machines Royal Office Cleaning Total Professional Fees - Maint. & Cleaning Leon Struck Total Rent 7646 $ 17,876.34 $ 19,540,769.65 $ 1,453,281.00 $ 5,938.49 $ 1,653.00 $ 5,885.51 $ 461.54 $ 461.54 $ 469.00 $ 2,199.41 $ 2,220.16 $ 132.02 $ 71.41 $ 200.00 $ 200.00 $ 10,612.65 $ 2,225.07 $ 54.00 $ 13,003.01 $ 65.00 $ 20.00 $ 75.00 $ 28Q00 $ 1,600.00 $ 17,876.34 $19,540,769.65 $ 1,453,281.00 $ 19,288.65 $ 132.02 $ 71.41 $ 400.00 $ 12,837.72 $ 13,057.01 $ 440.00 $ 1,600.00 $ 3,315,211.07 $ 21,011,926.99 Tc~ephone Bell South -December Cingular Wireless Total Telephone Expense Bond Issuance Cost Moyle, Flanigan, Katz, Raymond & Sheehan PA Total Bond Issuance Cost Promotional/Business Meetings Suntrust Visa Business Meeting Dick Hudson - Memphis Trip City of Boynton Beach - Memphis Trip Mike Rumph - Memphis Trip Business Meeting Total Promotional/Business Meetings Books & Publications Suntrust Visa- Barnes & Noble Total Books & Publications Membership/Subscriptions/Fees Boynton Beach Chamber of Commerce Sun Sentinel Total Membership/Subscriptions/Fees Equipment Rental Imagistics - November Pitney Bowes Postage Machine Total Equipment Rental Insurance The Hartford (General & Property Insurance) Total Insurance Printing/Annual Reports James Barretta Total Printing/Annual Reports Office Supplies Aqua Springs Water & Coffee Sister Cities Office Depot Total Office Supplies Office Equipment Office Depot Hands Stationers Superb Signs Inc Total Office Equipment Grant Programs Welsh Plastering Total Grant Programs Festivals/Events/Bus. Progams Suntrust Visa ( Winter Carnival, State of CRA) Barbara Wold Total Grant Programs $ 220.00 $ 68.16 $ 44,OOO.0O $ 692.65 $ 251.52 $ 1,497.12 $ 219.34 $ (74.15) $ 288.16 $ 44,000.00 $ 2,586.48 $ 643.80 $ 643.80 $ 250.00 $ 183.64 $ 433.64 $ 343.00 $ 19.95 $ 362.95 $ 931.78 $ 931.78 $ 68.90 $ 68.90 $ 62.00 $ 40.00 $ 1,127.87 $ 1,229.87 $ 287.50 $ 302.52 $ 8.40 $ 598.42 $ 1,800.00 $ 1,800.00 $ 804.80 $ 159.20 $ 964.00 Trolley Program Creative Marketing Impact $ 1,250.00 7648 Total Trolley Program Police Program Adamson Industries Corp Gene Moore Rent City of Boynton Beach Police Communications Services of South Florida DGG Taser Total Police Program BBB Extensio n/RiverwalldPromenade Burkhardt Construction, Inc Total BBB Extension/RiverwalldPromenade Web Development & Implementation Jack of Arts - Web Hosting Total Web Development & Implementation HOB Purchase of HOB Property Ethell Copeland Relocation Pam Williams Anders Environmental Group Inc Delieverance by Faith Church The Urban Group Total HOB TOTAL EXPENDITURES TOTAL REVENUES OVER EXPENDITURES $ 609.80 $ 1,120.00 $ 21,139.63 $ 700.00 $ 3,151.80 $ 264,232.75 $ 119.70 $ 125,062.50 $ 1,300.00 $ 8,400.00 $ 750.00 $ 5,400.00 $ 29,738.55 $ 1,250.00 $ 26,721.23 $ 264,232.75 $ 119.70 $ 170,651.05 $ 564,709.54 $ 23,762,428.52 7647 BOYNTON BEACH CRA AGENDA ITEM REQUEST FORM Requested CRA Date Final Materials Must be Requested CRA Meeting Dates Turned Meeting Dates into CRA Office [] January I 1,2005 December 28, 2004 (Noon) [] July 12, 2005 February 8, 2005 January 25, 2005 (Noon) [] August 9, 2005 [] March 8, 2005 February 22, 2005 (Noon) [] September 13, 2005 [] April 12, 2005 March 29, 2005 (Noon) [] October I l, 2005 [] May ]0, 2005 April 26, 2005 (Noon) [] November 8, 2005 [] June 14, 2005 May 3 I, 2005 (Noon) [] December 13, 2005 Date Final Materials Must be Turned int~o CRA Office June 28, 2005 (Noon) July 26. 2005 (Noon} August 30, 2005 (Noon) September 27, 2005(Noon) October 25, 2005 (Noon) November 29, 2005 (Noon) NATURE OF · Consent Agenda [] Old Business [] Legal AGENDA ITEM [] Director's Report [] New Business [] Future Agenda Items [] Other Item DATE: January 18, 2005 SUBJECT SUMMARY PARAGRAPH: On February 10, 2004 the CRA Board approved a Fagade grant Request for St. Mark Catholic Church for $15,000. This FaCade grant request was for the reconfiguring and resurfacing of the parking lot. St. Mark Catholic Church has submitted all the backup materials along with their reimbursement request. The complete file with backrup documentation is available in the CRA Offices for review as needed. St. Mark Catholic Church is requesting the reimbursement for their Fagade grant request of $15,000. RECOMMENDATION: Staff is recommending the approval of St. Mark Church Facade Grant reimbursement request of $15,000. EXPLANATION: (Background of the issue: Who, What, Where, When, How, Etc.) On February 10, 2004, St. Mark Catholic Church requested a Facade Grant for 643 Northeast 4th Avenue for the parking lot. St. Mark Catholic Church has completed the renovation of the church and is ready to request their reimbursement. FISCAL IMPACT: The $15,000 reimbursement is included in the Facade Grant Budget line item. ALTERNATIVES: None, the applicant has met all of the requirements of the Fagade Grant program. 7649 C:\Susan shared files~Facade Grant Pictures\facade grants\CRA Agenda Item Request form -st Mark church.doc ST. MARK CATHOLIC CHURCH Franciscan Friars 643 NORTHEAST FOURTtt AVENUE BOYNTON BEACtl, FLOR1DA 33435 4196 (561) 734-9330 2I December 2004 Mr. Douglas Hutchinson City of Bo3'nton beach Community Redeve!ormqent Agency 639 East Ocean Axenue Boynton Beach, l'I, 33435 Dear Mr. Hutchinson: St. Mark's has completed thc reno, ation of our church ,xhich included a complete reconfiguring and resurfb, cing of our parking lot. ()ur reimbursement grant orS15,00000 Itl-om the CRA ,.,,'as to help fund this resurfb, cing. At this time I would request that these funds be released. ,,'ks requircd, I have included copies of the inx oices relating to thc parkipg lot resurfacing, the cancelled checks which coxer Iht>se payments, the release of lien fbr the parking lot. and several photographs showing ~he parking lot as it now appears. Thank 5ou to ?u and the City of Boynton Beach fbr helping us with thi:~ project. If there is anyqhing else I need to do, please do no~ hesitate to contact me. Sinccrels, ~r. Mark A Szan3i, Pastor Enclosures 7650 Serraes Construction General Contractor, Inc. 561-848-6607 CG-CO18453 November 10, 2004 St. Mark Chn~ch 643 NE 4ti' Avenue Boynton Beach, Florida ATY: Fr. Mark Szanyi 33435 INVOICE Furnish and install as per plans and specs 1. New parking areas 2. Parking area renovations to existing lot 3. Drainage improvements 4. Site Utlhties TOTAL DUE $191,217.16 Respectfully suhmltted: Martin Serraes 7651 1300 53rd Street · West Palm Beach, Florida 33407-2288 FAX 561-848-8735 7652 7653 Serraes Construction General Contractor, Inc. 407-848-6607 CG-CO18453 WAIVER AND RELEASE OF LIEN UPON FINAL PAYMENT The undersigned lienor, in consideration of lhe final payment in the amount of $--~ "r'//', ~/''7/~'-. , hereby waives and releases its lien and right to claim a lien for lab°r, servicesormat~erialsfurnishedloSerraes Const. Gen. Contr. In__conthe job of__ st. Marks Church (Parkir~g Lot) , ~o the following described property: 643 NE 4th Avenue Boynton Beach, Fi. DATED on ~4nted Na~ SWOrn to and subscribed befor / Who. I{ ~ersona] ly known t~ ' e me by ~~;~?~,~ , SignatUre of Notary ~ Printed Name of Notary Commisslon No. Expiration ~omm~ss~onDD174~2 7654 /'VOTE.. T/lis is a statutory lorrn Prescribed by Sect/on 713.20, Flor/da .Statutes (19962. Effective October 1, 1996, a person may not requ/re a lienor to furnish a waiver or re/ease of/fen that is different from the statutory form. BOYNTON BEACH CRA AGENDA ITEM REQUEST FORM Requested CRA Date Final Materials Must be Meeting Dates Turned into CRA Office [] January 11,2005 December 28, 2004 (Noon) [] July 12, 2005 February 8, 2005 January 25, 2005 (Noon) [] August 9, 2005 [] March 8, 2005 February 22, 2005 (Noon) [] September 13, 2005 [] April 12, 2005 March 29, 2005 (Noon) [] October 11,2005 [] May 10, 2005 April 26, 2005 (Noon) [] November 8, 2005 [] June 14, 2005 May 31,2005 (Noon) [] December 13, 2005 Requested CRA Date Final Materials Must be Turned int~o Meeting Dates CRA Office June 28, 2005 (Noon) July 26, 2005 (Noon) August 30, 2005 (Noon) September 27, 2005(Noon) October 25, 2005 (Noon) November 29, 2005 (Noon) NATURE OF · Consent Agenda [] Old Business [] Legal AGENDA ITEM [] Director's Report [] New Business [] Future Agenda Items [] Other Item DATE: January 31, 2005 SUBJECT SUMMARY PARAGRAPH: This work authorization is for the construction of the Promenade construction, which is the area east of the cul-de-sac to the Intracoastal Waterway. The construction consists ora pedestrian walkway of varying width, landscaping, site lighting, and benches. Also included, as altemate items, are architectural shade structures, a restroom and storage facility, design fees and permit costs for the previous two items. RECOMMENDATION: Staff is recommending the approval of Burkhart Construction Work Order #8 for the construction of the Promenade area. EXPLANATION: (Background of the issue: Who, What, Where, When, How, Etc.) The CRA Board authorized Staff and Burkhart Construction to move for*vard with the original plans for Boynton Beach Extension, Riverwalk, and Promenade. On April 13, 2004, the CRA Board approved the 100% drawings for the Promenade. The Work Order #8 authorizes the const~ction of the Promenade. Jonathan Ricketts, the CRA's construction representative, has reviewed the work authorization and has determined that the costs are commensurate with the work shown on the approved plans. FISCAL IMPACT: The CPA Board has approved the Boynton Beach Extension, Riverwalk, and Promenade Budget Line item, which includes drawings, permits and construction of the project. ALTERNATIVES: Not to complete the project. CRA Staff Jonathan Ricketts 01/31/05 Jonathan Ricketts 7655 C:~Documents and Seixings\vielhauers\Local Settings\Temporary Internet Files\OLK 18\CRA Agenda Item Request form - Burkhardt construction #82.doc EXHIBIT F WORK AUTHORIZATION WORK AUTHORIZATION NO. 8 CONTRACT NO. BBB 2003-1 TO: BURKHARDT CONSTRUCTION, INC. 1400 ALABAMA AVE., SUITE #20 WEST PALM BEACH, FL 33401 DATE: 2/1/2005 BOYNTON BEACH BLVD. EXTENSION, PROJECT NAME: PROMENADE AND RIVERWALK PROJECT NO. BBB 2003-1 Under our AGREEMENT dated June 26,2003. You hereby are authorized and directed to make the following change(s) in accordance with terms and conditions of the AGREEMENT: For the Additive Sum of: Two MILLION EIGHT HUNDRED SEVENTEEN THOUSAND FOUR HUNDRED FIFTY SIX DOLLARS AND 42 CENTS $115,800 $6,116,577.65 $2,817,456.42 $9,049,834.07 $2,817,456.42 Original Agreement Amount Sum of Previous Work Authorizations This Work Authorization (Add) Present Agreement Amount The time for completion shall be (increased) by 270 calendar days due to this Work Authorization. Accordingly, the Owner shall issue a Notice To Proceed after the Contractor has secured all of the permits required for this work. Your acceptance of this Work Authorization shall constitute a modification to our Agreement and will be performed subject to all the same terms and conditions in our Agreement indicated above, as fully as 7656 if the same were repeated in this acceptance. The adjustment, if any, to this Agreement shall constitute a full and final settlement of any and all claims arising out of or related to the change set forth herein, including claims for impact and delay costs. The Contract Administrator has directed the Contractor to increase the penal sum of the existing Performance and Payment Bonds or to obtain additional bonds on the basis of a $25,000.00 or greater value Work Authorization. Provide written confirmation from the bonding company/agent (attorney-in-fact) that the amount of the Performance and Payment bonds have been adjusted to 100% of the new contract amount. Accepted: ¢--- --i~/1/2005 "'-Codfractor By: Owner 7657 Promenade Initial Opinion Of Probable Cost Updated Through February 1, 2005 Burkhardt Construction, Inc, 1400 Alabama Ave #20 West Palm Beach, FI 33401 Att DenmsE Haynes Tel (561) 659-~,400 Fax (561} 659-1402 To; Boynton Beach Community Redevelopment Agency 639 East Ocean Ave, Suite #107 Boynton Beach, FL 33435 Att DougJas Hutchinson, Director Tel 737- 3256 Fax 737 - 3258 Project: CRA Prolect#BBB2003-1 Design BuHd Procurement Boynton Beach Bird Extension, Promenade And RrverwaJk Phase II Promenade Engineer: K~mley. Horn And Associates, 4431 Embarcadero Drive West Palm Beach FI 334070 $ 225 000 oo 1 LS $ 22503000 $ 2250000[3 'CS $ 1600000 16000 O0 RoadwayGrBd,r'g ~ LS $ 5500000 UnsuRaDle Subscl Excavation & Removal ! L S $ 28837 50 Roadway rdl/Compact,oq 1 L S $ 95 000 00 232487 50 55000 CO 28837 50 95 000 00 6 500 00 8 500 00 7 500 00 7658 Promenade Sheet 1 of 3 8 [~1p CL350 4 DIP CL350 80ale Valve 6 Ga!e Valve 8x6 Tee 8×2 Cap 500 LF 20 LF 3 EA 1EA 1EA 1EA 1EA 1EA 1EA 1 6A 1LS ILS 1LS 78 00 54 00 1550 00 ~550 00 1 550 00 800 00 750 00 5250© 425 0O 2 450 00 750 00 2 800 00 4800 00 ~800 00 62930 O0 39006 00 t080 30 4650 00 ~580 00 ~550 00 800 00 750 00 525 00 425 OO 245909 750 00 2800 O0 4 800 00 1800 00 Subgrade & Base & Asp~al[ 8 Llmerock Base 12 SlablhZed Subgrade 1250 S¥ 1250 SY 33554 SF $ ~250 $ 4 75 $ 0 50 $ 38339 50 15 625 00 5937 5O 16777 39 1254 LF 1350 SF S 20 OD $ 5 O0 $ 3! 830 00 25 080 00 6 753 00 10938 SF $ $ 6 O0 $ 65628 00 65628 0O 331LF $ 124 125 gO 124125 O0 $ 130 O45 O0 SccralesBenc~ 10 Ea $ 256000 $ 25 60000 Socra!es Cube 9 Ea $ 975 0O $ 8 775 0C LiI!er Bin 4 Ea $ 1,575 O0 $ 6 300 OC ~reen Buttonwood Sliver Buttonwood Pu"ple Cnnum Lily 17 LS 20 Ea 42 Ea 172 Ea 273 Ea 384 Ea 27~ Ea 532 Ea 5000 SF 460 LF 30 CY 7 CY 1LS $ 53515 0O 325 00 $ 5 525 00 325 00 $ 6 500 00 30 00 8 ~ 26O 00 ~5 00 $ 2 580 00 30 00 $ 8t90 00 17 00 $ 6698 00 12 0D $ 3 252 00 20 00 $ 10 640 O0 0 50 $ 2500 O0 tl 0O $ 5 0Go 00 30 00 $ 900 00 30 00 $ 2~0 0C 200 00 $ 200 00 7659 Promenade Sheet 2 of 3 10% Of Constrbot~on Vsfue 17000 00 7 500 00 3 000 O0 4 003 O0 2500 O0 150000 O0 153 000 O0 106875 O0 645500 O0 375 000 00 15000B 00 70000 00 2263~ 42 9 832 49 5598 93 7200 O0 TOTAL CONSIDERATIONS 2 817458 42 Special Provisions 7660 Promenade Sheet 3 of 3 V. Public Audience Any person who decides to appeal any decision of the Community Redevelopment Board with respect to any matter considered at this meeting will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the vroceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. 7661 The CRA shall furnish appropriate auxiliary aids and services where necessary to afford an individual with a disability an equal opportunity to participate in and enjoy the benefits of a service, program, or activity conducted by the CRA. Please contact Douglas Hutchinson at 561-737-3256 at least twenty-four hours prior to the program or activity in order for the CRA to reasonably accommodate your request. VI. Public Hearing Any person who decides to appeal any decision of the Community Redevelopment Board with respect to any maner considered at this meeting will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the oroceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. and s ' 7662 The CRA shall furnish appropriate auxiliary aids erv~ces wnere necessary to afIbrd an individual with a disability an equal opportunity to participate in and enjoy the benefits of a service, program, or activity conducted by the CRA. Please contact Douglas Hutchinson at 561-737-3256 at least twenty-four hours prior to the program or activity in order for the CRA to reasonably accommodate your request. A. Land Use Plan Amendment/Rezoning 1. Project: Boynton Beach Lofts (LUAR 05-0003) ~663 B. New Site Plan 1. Project: Boynton Beach Lofts (NWSP 05-008) 7664 C. Height Exception 1. Project: Boynton Beach Lofts (HTEX 05-001) 7665 TO: FROM: DATE: SUBJECT: DEVELOPMENT DEPARTMENT MEMORANDUM NO. PZ 05-023 Chair and Members Planning & Development Board Community Redevelopment Agency Board Michael W. Rumpf w "x'C/" Director of Planning and Zoning January 19, 2005 CODE REVIEW CDRV 05-003 Medical or scientific research proposed as a conditional use in the M-! zoning district. Land Development Regulations, Chapter 2. Zoning, Section 8.A.4 NATURE OF REQUEST City staff is proposing to amend the M-1, Industrial zoning district to add a new use that involves animal or human bodies or body parts. Specifically, the proposed text would establish this new use under subsection 4. Conditional uses. as item "g" within Chapter 2, Zoning, Section 8.A. The proposed wording is as follows: "(g). Medical or scientific research which involves the use, treatment, storage or processing of human or animal bodies and/or body parts. " It is not necessary to end the description with an asterisk ("*") similar to other district sections where conditional uses are mixed with permitted uses. Under this section of the M-1 district regulations, all conditional uses are consolidated and identified under one subsection. BACKGROUND/ANALYSIS A request for zoning and occupational license approval was recently made for a use described as Biomedical Research and Development. Staff ultimately obtained extensive information that identifies the proposed use with the cryobiological sciences, which has been stereo-typed as an industry solely providing a service to those who desired for their respective bodies to be frozen (e.g. preserved) in part, to benefit from subsequent scientific advances that are needed for specific health reasons. Due to the limited local knowledge regarding such uses, further information has been obtained, and which continues to confirm the research purpose of this specific business. However, this experience has identified a void in the city's zoning regulations between original use descriptions and new technologies. The City's Land Development Regulations Chapter 2, Section 8.A. 1 .b. Commercial services as follows: includes item (11) Research and development laboratories and item (13) Medical and dental laboratories. Neither use is defined in the definitions sections of the Land Development Regulations; however, according to the United States industrial classification system, Medical laboratories, would likely be described as uses providing analytic or diagnostic services, including body fluid analysis, to the medical profession or to the patient on referral from a health practitioner. Examples of such uses could include blood analysis laboratories, medical bacteriological labs, and medical forensic labs. In contrast, Research and Development is more generally described as uses that conduct research and experimental development in physical, engineering or life sciences such as agnculture, environmental, biology, botany, biotechnology, etc. Although the word "medical" is absent in this zoning use, it could be argued that this very general description of the R & D category accommodates a host of medical or related fields. As indicated by the recent exposure to the subject cryobiological use, many uses may be construed 7666 Page 2 CDRV 05-003 to be similar to an existing zoning use due to the lack of appropriate provisions, or construed to be prohibited. Such uses for various reasons differ from the conventional uses currently listed in this section of the zoning regulations, or upon which standard zoning regulations were formed. The conditional use process is intended to identify potentially unique uses that warrant special rules and regulations for reviewing and approval. Conditional uses are defined and addressed in the Land Development Regulations within Chapter 2. Zoning, Section 11.2. This section defines conditional uses as those that would not be appropriate generally, or without restriction, throughout a zoning classification or district. Conditional uses are required to be reviewed by the corresponding advisory board and approved by the City Comrmssion. RECOMMENDATION Based on the information herein, and based on the amendment not being inconsistent with the City's Comprehensive Plan, staff recommends that this request to amend the city's Land Development Regulation& Chapter 2. Zoning, Section 8.A.4, to add medical or scientific research which involves the use, treatment, storage or processing of human or animal bodies and/or body parts be approved. This amendment will also prevent the potential exclusion of certain uses within the city's zoning regulations, as well as facilitate the "case-by-case" review of unique uses and application of appropriate conditions to regulate same. MR SSPlanning\SHARED\WP\SPECPROJ\CODE REVIEWkCDRV 05-003 Medical Research in M-IXSmffReport doc 7667 TO: FROM: DATE: SUBJECT: DEVELOPMENT DEPARTMENT MEMORANDUM NO. PZ 03-292 Chairman and Members Planning & Development Board Michael W. Rump~~ Director of Planning and Zoning January 19, 2005 Land Development Regulations, Chapter 22~ Streets and Sidewalks (CDRV 05-005) NATURE OF REQUEST At the initiative the City's Eng/neering Division, staff of the Planning & Zoning Division and Engineering Division jointly drafted revisions to Chapter 22. Streets and sidewalks of the Land Development Regulations. The subject revisions followed the update of technical standards and the establishment of the Engineering Division Design handbook. Topics of the subject revisions, in part, include street numbering, naming and renaming (Article I, Sections I 1.4); sidewalk improvements (Section 5); the permit process for work in rights- of-way (Article I/. Sections 1 - 3); and insurance, bonding and other requirements (Sections 4 - Article III, Sections I - Section 5). The proposed amendments also include necessary references to the established design standards such as minimum street width and construction standards. BACKGROUND The proposed amendments involve the Land Development Regulations; however, they principally affect processes that are administrative, or that involve permitting post site plan approval. Based on this characteristic of the proposed amendment, staff did not construe them to be within the interest and jurisdiction of the advisory boards. However, upon review by the City ComnUssion on May of 2004, the Commission acted to send them to this Board for consideration. No specific concerns were documented in the minutes of that meeting (see attached excerpt of meeting minutes) but just the decision for the document to be considered by the Board. ANALYSIS Staff has prepared no specific written analysis on the proposed amendments, which primarily entail the codification and formalizing of once administrative functions, and the formalizing of, and amendments to roles and regulations for work within rights-of-way. Although an appeal process is not new to the Planning & Development Board, it should be noted that this Board is only referenced on page 5 of 16 where the appeals process is described. This appeals process is intended only for those parties aggrieved by any decision of the director of public works regarding the requirement to construct a sidewalk(s) adjacent to private property. RECOMMENDATION Staff recommends that the Planning & Development Board support the proposed amendments to Chapter 22 of the Land Development Regulations. Exhibits 7668 S:~Planning~SHARED\WP\SPECPROJ~CODE REVIEW~Stt*cts and SidewatksXStaff R,port.doc EXHIBIT "A" LAND DEVELOPMENT REGULATIONS CODE OF ORDINANCES, PART III CHAPTER 22 STREETS AND SIDEWALKS ARTICLE I. IN GENERAL Sec. 1. Street designation system. All streets, avenues or other thoroughfares for vehicular traffic shall be designated in accordance with city standards. Such designation shall be vested in the director of~ public works who shall also maintain the city's master !an~ roadway file and allocate secondary street designations at his or her discretion. Sec. 1.1 Street naming system. Street names shall be issued as per the request of the originator of the street (or roadway) except in the case of a section line, where roads will be given a route number in additional to th~.. assigned name by as determined by either the Florida Department of Transportation or Palm Beach County, wlfichever has iurisdiction of the street (or roadway). Proposed streets which arc on the same alignment with other existing named streets, shall bear the same name of th~ existing street. All street names shall have a suffix and in no case, except as indicated in the preceding sentence, shall the name of the proposed street (or roadway) duplicate be phonetically similar to existing street names regardless of the use of the suffix - street, avenue, boulevard, drive A. Curvilinear streets shall be named on the same basis as other streets and shall carry the same name through their entire length. B. Streets crossing Ocean Avenue shall have north and south added to their names accordingly. C. Suffixes shall be limited in use as follows: North-South Direction East-West Direction Court Avemm Drive Boulevard Lane Place Parkway Road Page 1 of 16 CODING: Words m ........ ~h type are delettons from ex~stmg law. Words in underscore type are additions. 7669 Street Way The suffixes 'Boulevard' and 'Parkway' shall be reserved for arterials and collectors. The suffix 'Circle' is an option for either direction, however, it should be used as thc name implies, i.e., a curvilinear roadway. The use of 'Terrace' and 'Trace' shall be reserved for minor streets, cul-de-sacs, etc. Any other requested suffix shall be approved by the director of public works prior to its inclusion into any development. Sec. 1.2 Vanity street name changes. A. Standard street name changes shall conform to the standards and requirements for naming streets as set forth in the preceding section, and shall be permitted only under the following circumstances: 1. In response to a City Commission directive, or 2. To eliminate duplication or confusion in street names, or 3. To reduce confusion in addressing. B. Name changes which do not meet the criteria above are considered "vanity street r!.ames" for the purposes herein and are permitted only under the following limited circumstances: 1. The desired name will not create confusion; and 2. The desired name does not duplicate in whole or in substantial portion, the name of any existing street; and 3. All property owners abutting the road have signed a petition requesting thc .change and a completed application has been submitted to the Department of Public Works/Engineering Division; and 4. The established fee has been paid [$1,400.00]; and 5. The entire length of the street must be renamed; and 6. The City Commissioners have approved the request. ..Sec. 1.3 Street numbering/addressing/. Lot or parcel addressing for individual tracts of land shall be designated in accordant,. with the city's Uniform Addressing Procedure policy. Such designation shall be vested in the director of public works or his designee, who shall also maintain the city's master roadway file. 7670 Page 2 of 16 CODING: Words in ~e '~.~-~ugh type are deletions from existing law. Words in underscore type ~e additions. The addressing number system currently in use within the corporate limits of the city shall be maintained. For those lots or parcels located in the neighboring local govemrnent (Palm Beach County) that are or will be annexed into the city will, if possible, be assigned in a manner that maintains: 1. A logical sequence of numbers along the street or roadway on which the property is located, and as established in that neighboring government, and 2. A consistent pattern of separation of even and odd numbers. The establishing of the exact number of a particular lot or parcel entails the dimensions of the lot in question, and its distance from the nearest land line or street as given in the legal description. If the lot is on an East-West (E-W) street, it will receive an E-W number (even numbers on the south side of the street and odd numbers on the north side). If the lot is one on a North-South (N-S) street, it will received a N-S number (even numbers on the east side of the street and odd numbers on the west side). Sec. 1.4 VaniO? Street numbering/addressing. A. Street numbering and addressing for commercial and residential properties, shall be based on the City's grid system as described. B. Requested addresses which do not adhere to the City's grid system are considered "vanity addresses" for the purposes herein, are prohibited for residential uses and shall not be permitted for non-residential uses except under the following circumstances: 1. The entity requestin~ the "vanity address" is a prominent commercial entity and has a location which is widely recognized in the community; and 2. The requested number is not out of sequence with any existing numbers on the same street. (For example, the number 100 would not be permitted on a lot which is located bet~veen two existing lots with the addresses #500 and #550); and the property; and Emergency Medical Services and the Post Office would be able to locate 4. An individual with the assistance of a generally distributed local street map would be able to locate the property without undue difficulty', and street; and The requested address does not duplicate an existing address on the same 6. The requested address would, in no way, be injurious to or infringe upon the existing rights of any other commercial entity in the County; and Page 3 of 16 CODING: Words in :~kc '&rcugk type are deletions fi.om existing law. Words in underscore type are additions. 7671 7. The requestor has submitted an affidavit which acknowledges that the requested address may result in delays in mail delivery and service provisions; and 8. The established fee has been paid and the requestor has submitted a Complete application to the Department of Public Works/Engineering Division; and 9. The City Commissioners have approved the request and have made a finding that the address request is related to a City goal, such as economic development, which takes precedence over the goal of maintaining the city's grid system. Sec. 3. Minimum width of new or rebuilt streets. Thc minimum width of paving of all new or rebuilt streets shall be in accordance with .......... v .......... ~, ......... current c standards. Sec. 5. Certain construction activities~ Sidewalks, when required. Prior to the issuance of any certificate of occupancy/completion for any improvement exceeding 70% of its current assessed property valuation, the owners of all undeveloped lots, platted or unplatted, and the owners of all plots not subject to platting, shall construct a sidewalk Oae~eo~ within the right-of-way in conformance with Chapter 6, Article IV, Section 10.T of the Land Development Regulations. This requirement shall also apply when a change in occupancy as defined in the Standard Florida Building Code occurs and/or when any building is reconstructed in an amount, which exceeds sevenPf-¢70) fifty (50) percent of its current assessed valuation. A. No person shall improve any parcel within the city, except for accessory buildings and reconstruction or remodeling of existing buildings in any single-family or two-family zoning district, without first Obtaining a sidewalk permit from the city engineer. B. No person shall construct any building, except for accessory buildings and reconstruction or remodeling of existing buildings or additions to existing buildings which amount to less than twenty-five (25) percent of the gross floor area of such building, in any zoning district in the city other than single-family or two-family districts, without first obtaining a sidewalk permit fi'om the city engineer. C. The permits required by paragraphs A & B above shall be issued if one of the following requirements are met: 1. If any street abutting the property on which such construction is to occur depicted on the map or schedule on file in the Public Works Department of the city as a street oil which sidewalk construction is to be required, sidewalks shall be constructed along the entire Page 4 of 16 7672 CODING: Words tn ..... '~.hrcugh type axe deletions t~om existing law. Words in underscore type are additions. street frontage of such parcel; in the case of a comer lot, the sidewalk shall be constructed also) .along the access side. 2. If any street abutting the property on which such construction is to occur i:; not depicted on the map or schedule on file in the Public Works Department of the city as a street on which sidewalk construction is required, the property owner shall pay a fee equal to the co~t to the city per square foot of construction of the sidewall abutting the property, as such fee is determined annually by the director of public works. Such fees shall be utilized by the city for construction of sidewalks as provided in paragraph D hereof. D. The city shall establish four (4) accounts for sidewalk construction to be utilized only for construction of new sidewalks in the city. One (1) account shall be for construction o1' new sidewalks in the northwest quadrant (Commission District # 4) of the city; one (1) accoar~t shall be for construction of new sidewalls in the northeast quadrant (Commission District # 2) o the city; one (1) account shall be for construction of new sidewalls in the southeast quadrant l~Conunission District # 3) of the city; and one (1) account shall be for construction of new sidewalks in the southwest quadrant (Commission District # 1). E. The director of public works shall prepare and update annually a map or schedule of streets or portions of streets of which construction of sidewalks is to be required. In addition, the director of public works shall administer the requirements of this ordinance and determim, the streets or portions thereof on which sidewall construction is to be required, pursuant to the City Commission policy with respect thereto. Such policy shall be on file in the office of the city clerk and, together with the armually revised map or schedule, shall also be on file for public inspection in the Public Works Department of the city. F. Any person aggrieved by any decision of the director of public works regarding construction of sidewalls abutting such person's property may appeal the decision within thirty (30) days of the date thereof to the Planning and Development Board (PDB), which shall hear and decide such appeal. Applications for such appeal shall be in writing, accompanied by a one hundred ($100.00) dollar application fee. The PDB may either affirm the decision of the director of public works, or may reverse such decision. The procedure set forth in this paragraph shall constitute the only available remedy for any person aggrieved by any decision of the director of public works with respect to sidewalk construction and the determination of the PDB after ratification by the City Commission on appeal shall be the final administrative decision of the city, from which any further appeals shall be to a court of competent jurisdiction. For those areas in the Community Redevelopment AgenCy (CRA) district, the appeal procedure shall follow the same format, substituting the CRA for the PDB where applicable in the previons paragraphs. A~. G._~. Waiver. Upon the recommendation of the city engineer, sidewalk requirements may be waived for an individual lot when adequate pedestrian circulation is provided by bicycle or pedestrian paths, or where sidewalk requirement would not be compatible or in harmony with adjacent/nearby properties previously developed without sidewalks. An application fee adopted by resolution of the City Commission shall accompany applications for waiver of this section. Page 5 of 16 7673 CODING: Words in ~z 'u. krcugh type are deletions fi.om existing law. Words in underscore type are additions. Sec. 6. Permits required for work affecting trees and shrubs. No person may plant, remove, destroy, prune, set out, break, cut, deface or in any way injure or interfere with any tree, shrub, or similar plant on any street or alley, or upon property ' owned or maintained by the city, without first obtaining a public right-of-way permit pursuant to this chapter. For certain types of protected trees or shrubs, refer to Chapter 7.5, Article I, Tree Presevation for the proper procedure in addressing such tree or shrub. Sec. 7. Vehicles crossing curbs and parkways. It shall be unlaxvful for any person to push, pull, drive or cause to be pushed, pulled or driven any wheeled or track-laying type vehicle, conveyance, machine, apparatus or equipment on, over or across, in whole or in part, any curb or pavement laying in or on any public street, except as provided in this section: A. Vehicles, as described herein, may be driven over pavement at driveways; and B. Vehicles, as described herein, may be driven over curbs and over pavement at other than driveways, provided that such curbs and pavement shall be adequately bridged and shored with suitable wooden or steel structures to protect such curbs and parkways. Sec. 8. Mailboxes on public rights-of-way. All mailboxes placed in city right-of-ways shall be in compliance with all federal guidelines. The city shall not be responsible for damage caused during street m,lntenance to mailboxes not in compliance with federal guidelines. Sec. 9. Depositinl~, storing, orocessing material in streets and roadways. It shall be unlawful for any person to deposit, process or produce any material, including but not limited to any recreational item in or on any street or roadway or to store the same, eithe~ temporarily or permanently thereon; except, that building materials can be temporarily stored, processed or produced on streets or roadways ifa permit has been obtained as provided in thi~ chaoter, and except that temporary storage of construction debris may be temporarily stored o. streets or roadways in a container provided by a trash hauler for removal by such trash hauler, if a permit therefore has been obtained as provided in this chapter. Sec. 10. Removal of warnings prohibited, It shall be unlawful for any person to move, remove, damage, destroy or extinguish an3! barrier, waming light, sign or notice erected, placed or posted in accordance with the provisions of this chapter, except upon permission of the director of public works. Page 6 of 16 CODING: Words in :~2:: '&~-c. ugk type are deletions fi.om existing law. Words in underscore type are additions. 7674 ARTICLE II. CONSTRUCTION, REPAIR OR ALTERATION Sec. 1. Standards, All work performed in public or private rights-of-way shall conform with the current Department of Public Works, Engineering Division's Engineering Design Criteria Handbook and Construction St rr~ ~ andards ........ook Manual. Except as provided herein, any person desiring to perform or have performed any of the acts covered by this chapter wherein a permit _required shall secure such a permit in accordance with the rules and regulations set forth in tlff, 9hapter .............................. c~ty C. Locatien ~c,h ......~ .... .Sec. 2. Access to streets and alleys; permit required; improvements. No person shall construct any access across any right-of-way on any improved or unimproved streets within the city without first obtaining a permit to do so fi-om the city eng/neer. This permit shall be issued if the following requirements are met: A. The access to the street will not create undue or unnecessary safety hazards; will not impede the safe and efficient flow of traffic and will be constructed in compliance wifl', - applicable laws, ordinances and specifications of the city; B. If the street to which access is desired is not improved with asphalt pavement, storm sewers, and curb and gutters, it shall be improved as follows by the person seeking access in accordance with city specifications approved by the city engineer. 7675 Page 7 of 16 CODING: Words in sa4koqt~ type arc deletions fxom existing law. Words in underscore type are additions. 1. Curbs and gutters shall be constructed along the side of any street to which access is sought to the limits of the property, if nearest paved portion of that street is improved with curbs and gutters along one or both sides. 2. Pavement shall be constructed in accordance with city standards of material similar or equivalent to the material used for the nearest paved portion of the street or streets as determined by the city engineer, shall be constructed along the side of the street or streets to which access is sought to the limits of the property and beyond to the nearest paved portion of that street or streets. 3. Storm drainage shall be constructed along the street or streets to which access is sought to the limits of the property and connected to the nearest existing storm drainage in that street or streets. If the nearest paved portion of the street or streets is improved with storm sewers, then storm sewers shall be installed. 4. Traffic signals shall be installed along the street or streets to which access is desired if the property is used for other than single-family residential uses and if the traffic volume generated fi-om the development of the property meets the warrants established by the Florida Department of Transportation or Palm Beach Connty Traffic Engineering Division. C. No person shall construct any access to any alley within the city without first obtaining a permit to do so fi-om the city engineer. This permit shall be issued if the following requirements are met: 1. Pavement shall be constructed in accordance with city standards and to the width of any existing improved alley, or if none of the alley is improved, to the limits of the alley right-of-way, along the alley to which access is sought fi.om the limits of the property and beyond to the nearest paved portion of the alley. 2. Adequate storm drainage shall be constructed so that storm water runoff fi.om the property fi-om which access to the alley is sought shall not cause damage to adjoining properties or erosion of the land. Such storm drainage shall be constructed in accordance with specifications as determined by the city engineer consistent with city standards as amended from time to time, which shall assure that upstream and downstream drainage problems shall not result therefi.om. D. If the fight-of-way to which access is sought has been improved after the effective date of this section pursuant to the requirements of sub-paragraph B above, the person desiring access shall pay to the city that portion of the original cost of the improvements installed within the right-of-way abutting his property to the centerline of the right-of-way and to the side limits of his property. These recaptured costs shall be collected by the city and reimbursed to the person who paid for the improvement when installed, when and if the city collects these cost ~sT~, ~ 6 aforesaid. The City Commission, after a public hearing before the Planning and Development Board (PDB) or the Community Redevelopment Agency (CRA), and receipt of the findings and Page 8 of 16 CODING: Words in z~c '&'c;:gh type are deletions fi.om existing law. Words in underscore type are additions. recommendations of such board, may waive or vary any requirement of sub-paragraph B abow: for good cause shown upon application by the persons seekin~ access. Sec. 3. Application~ Permit fees. Application for a permit under this chapter shall be made on such forms as shall be provided by the city engineer. No work shall commence until the city engineer or his des~gneu .has authorized issuance ora permit therefore and such permit has been issued. For permits issued under another chapter or any other permit which affects trees or shrubs, or will have a, affect on trees or shrubs, in rights-of-way or on city owned property, the Department of Publi~ Works/Forestry and Grounds Division shall review and approve the permit before it is issued. An application for a permit shall be accompanied by five (5) copies of the plans and specifications showing the work to be done, the time requixed to complete such work and thc estimated cost thereof. When the permit is issued, one (1) copy of such plans and specification,,; shall be returned to the applicant and the others shall be distributed to applicable divisions of the ~ity and one (1) shall be retained by the city engineer. An applicant for a permit shall agree to save the city, its officers, employees and agents harmless for any and all costs, damages, liabilities and attorney's fees, which may accrue or be claimed to accrue bY reason of any work performed under such permit. The acceptance of any permit unde~ this chapter shall constitute such an agreement by the applicant. Fees for work within rights-of-way shall be as established by the City Commission from time to time by resolution. A separate fee is payable for each ~u, ~:'~ ..... " ..... ~' cut, &'/vc':,'a,, or ~' .... *~ ~'~ ~'~'~ typ f k t b p fo d .................. eo wor o e er rme . See. 4. Permit issuance. The city engineer shall issue a permit hereunder when it is found: A. That the plans for the proposed operation have been approved by the City Commission or that they have been approved in accordance with Land Development Regulations. B. That the work will be done according to the standard specifications on the city for public work of like character. C. That the operation will not unreasonably interfere with the vehicular and pedestrian traffic, the demand and necessity for parking spaces, and the means of egress to and fi.om the property affected and adjacent properties. impaired. That the health, welfare and safety of the public will not be unreasonably E. Permits issued under authority of this chapter are nontransferable. Page 9 of 16 CODING: Words m ........ ~. type are deletions from existing law. Words in underscore type are additions. 7677 F. A copy of the permit issued under this chapter and a copy of the approved plan~ and specifications shall be kept and displayed in a conspicuous location at all times while such work is in progress at the location of the work. Sec. 4.1. Insurance required for certain permits. Each applicant for a permit under Article I, Sections 5, 7 & 9, and Article II, Section 2 of this chapter shall furnish the city with a satisfactory certificate of insurance or a statement from the administrator of a self-insurance program showing the required coverages, and containing a limitation that the insurance coverages may not be revoked except after ten (10) days written notice delivered to the city. The applicant's insurance shall provide coverage against claimg for personal injury as well as against claims for property damage which may arise from or out of the performance of the work, whether such performance be by himself, his subcontractor or anyone directly or indirectly employed by him. Such insurance shall cover, inter alia, collapse, explosive hazards and underground work by equipment on the street, and shall include liability arising fi.om completed operations. The amount of the liability insurance for personal injury shall be not less than five hundred thousand ($500,000.) dollars per person, five hundred thousand ($500,000.) dollars per incident, and one hundred thousand ($100,000.) dollars for property damage. Sec. 4.2. Cash bond required for certain permits. With each application for a permit under Article I, Sections 5, 7 & 9, and Article II, Section 2 of this chapter, an applicant shall furnish a surety to guarantee faithful performance of the work covered by the permit. The surety shall be in accordance with one of the approved forms in the Engineering Design Manual. The amount of the cash bond shall be not less than that as established by the City Commission from time to time by resolution. In lieu of a separate cash bond for each permit, an applicant anticipating more than one (1) permit application may furnish one cash bond in the amount of five thousand ($5,000.) dollars to cover all permits. The applicant shall deposit the cash bond with the city clerk, and such bond so deposited shall be kept in a separate account and shall stand as security for the full and complete performance by the applicant of the work covered by such permit, subject to the following provisions: A. If any direct cost to the city of any loss, damage, work, claim or liability arises out of the breach by the applicant, or any contractor or representative of the applicant, in the performance of the applicant's obligations in connection with the work covered by such permit the applicant shall forfeit its bond. B. Upon certification by the city engineer of completion of the work covered by such permit, the balance of such cash bond shall be refunded by the city clerk to the applicant upon request. 7678 Page 10 of 16 CODING: Words in :~: ~e=g~ type are deletions from existing law. Words in underscore type are additions. C. In the event that the city engineer shall determine that additional bond in excess of five thousand ($5,000.) dollars is required, the applicant shall furnish surety as noted in Section 6 below and prescribed in Chapter 7 of the Land Development Regulations in an amount equal to one hundred ten (110%) percent of the estimated value of the work. Ifa letter of credit is provided, it shall be dated on or before the date of the permit application and shall be for a term to expire one (1) year after receipt by the permittee of a certificate of final inspection. Sec. 4.3. Rights of the city not affected by granting of permits. Every permit issued under this chapter shall be granted subject to the right of the city or of any other person entitled thereto to use the street for any purpose for which such street may lawfully be used, not inconsistent with the permit. Sec. 4.4. Work to be commenced within thirty days. Work for which a permit has been issued shall commence within thirty (30) days after thc issuance of the permit therefore or within such extension of period of time as determ/ned by the city engineer upon good cause shown. If the work is not timely commenced, the permit shall automatically be terminated and the fee forfeited. Permits thus terminated may be renewed upon payment of an additional fee in the amount of the original fee. Sec. 4.5. Performance of additional work. No permittee under this chapter shall perform work in an amount or quantity greater than that specified in the permit except upon approval by the city engineer. Upon such approval, additional work may be done under the provisions of the permit an amount not greater than ten (I0) percent of the amount specified by the permit. Any fee or bond posted in connection with the original permit shall be deemed to and must cover any such additional work as may be approved by the city engineer. Sec. 4.6. Expirationl extension of time. Permits issued in accordance with the provisions of this chapter shall expire at the end of the period of time, which shall be set in the application for the permit. If the permittee shall be unable to complete the work within the time period, he shall, prior to the expiration of the permit, present in writing to the city engineer a request for an extension of time, setting forth therein the reasons for the requested extension. If in the opinion of the city engineer such an extension is necessary and not contrary to the public interest, he may grant the permittee additional time for completion of the work. A. All extensions of permit time shall be calculated at twenty-five (25%) percent of the original total permit fee and shall extend the life of the permit for an additional six (6) month period. B. One hundred (100%) percent of a permit fee shall be added if work is started without a valid permit. Page 11 of 16 7679 CODING: Words in :~d:: '~cugh type are deletions fi.om existing law. Words in underscore type are additions. C. No fees shall be refunded when a permit has lapsed after work is started. When a permit is revoked at the request of the permittee prior to lapsing due to time limits, and no work has been done, all but a basic fee of twenty-five ($25.) dollars to cover the cost incurred by the 9ity engineer shall be refunded. Sec. 4.7. Default in performance~ revocation. Whenever the city engineer shall find that a default has occurred in the performance of any temi or condition of a permit, written notice thereof shall be given to the permittee and to the commercial bank issuing a letter of credit, if any. Such notice shall state the work to be done, thc estimated cost thereof, and the period of time deemed by the city engineer to be necessary for thc completion of such work. After receipt of such notice, the permittee or the commercial bank shall within the time specified either cause the required work to be performed, or failing therein. If the required work is not performed within the specified time, the cash bond or letter of credil shall be utilized to reimburse the city for the cost of doing the work set forth in the notice. The city engineer may revoke any permit after prior written notice to the permittee for: A. Violation of any provision of this chapter. B. Violation of any other applicable provision of this Code or any other ordinance or law relating to the work. C. Existence of any condition or the doing of any act constituting or creating a nuisance or endangering the lives or property of others Written notice of any such violation shall be served upon the permittee or his agent engaged in the work. The notice shall contain a brief statement for the reason of the contemplated revocation of the permit. Notice shallbe given either by personal deliverythereofto theperso. to be notified, by certified or registered United Stated mail addressed to the person to be notified. or bY telegram addressed to the person to be notified. Such notice shall state the period of tim~, which the permittee is being granted to correct the violation and to proceed with dilige, t prosecution of the work, which time shall be no less than twenty-four (24) hours. Sec. 4.8. Restoration of street by city. When any permit has been revoked and the work authorized by the permit has not bee. completed, the city may do such work as is necessary to restore the street or alley to a conditio. acceptable to the city. All expenses incurred by the city for such restoration shall be paid for by the permittee and may be removed from the cash bond or letter of credit that the permittee ha~ filed with the city, and the bond or letter of credit shall so provide. Page 12 of 16 CODING: Words in :~2:: ~zugh type are deletions fxom existing law, Words in underscore type are additions. 7680 Sec. 4.9. Abandoned facilities. Whenever any facilities existing in the streets or alleys of the city have been abandoned by the owners, the owner of such facilities shall be notified of the requirement to remove them, and if the owners shall fail to so remove them, the city may remove them and the owners shall reimburse the city for the cost thereof. Notice of the city's order to remove abandoned facilitie~ may be given either by personal delivery thereof to the person to be notified, or by certified ox registered United States mail addressed to the person to be notified. For purposes of this section, abandoned facilities shall be defined to be facilities, which have not been utilized by the owne~ or any other person for a period of at least six (6) months, or facilities, which are no lon~e~ necessary or useful because they have been replaced in some other location on the property. Sec. 8. Temporary permit. The city engineer may grant a temporary verbal approval for a permit to any agent (who is not a regular employee) of the city including the Utilities Department, in any street, alley, roadway or public land when such excavation is necessitated by an emergency. Such temporary approval shall be followed within forty-eight (48) hours by a formal application for a permit as regularly required under the terms of this chapter. ARTICLE III. IV. STREET AND EASEMENT ABANDONMENT ARTICLE III. STREET OPENINGS Sec. 1. Permit required[ compliance with chapter. Any person desiring to plow, dig, scrape or in any way make or have made any hole, pit, ditch or excavation in or upon any street, alley, roadway or public land shall proceed with such work only after obtaining a permit therefore and in compliance with all regulations contained i,, or promulgated under this chapter including the city's Depamnent of Public Works, Engineering. Division's Design Criteria and Standards Handbook. Sec. 2. Notice to adioining property owners of proposed work. If the work to be undertaken by a permittee under this article is such that it will affect th~, use of properties abutting or adjoining the place where the work covered by the permit is to b~, done, the city engineer shall require the permittee to submit a list of the names and addresses of the affected property owners and tenants, and the permittee shall notify the affected property owners and tenants of the proposed work. If the work to be undertaken by the permittee will affect other subsurface installations in the vicinity of the proposed openin?,~ the permittee shall also notify the owners of such facilities of the proposed work. Page 13 of 16 7681 CODING: Words in :~2:e '~.~e::g~ type me deletions fi.om existing law. Words in underscore type are additions. Sec. 3. Removal of debris, rubbish, etc, from work area~ protection of persons and property. It shall be the duty of every person making any improvement in or upon any street, alley, roadway or public land to promptly remove therefrom all rubbish, debris or material not immediately required for such improvement. In addition thereto, such person shall protect the place so improved or being improved, together with all material, articles or property used in connection therewith or taken therefrom, in a manner which the city shall direct and in such a way as to prevent iniury or damage to persons or property. Every such person making any such improvements or part thereof shall be liable for all damages or iniuries sustained on public property. Sec. 4. Requirements for work in streets, etc. All work in streets, alleys, roadways and public lands shall be subiect to the following restrictions: A. No opening or excavation in any street shall extend beyond the centerline of the street before being backfilled and the surface of the street temporarily restored. B. No more than two hundred fifty (250) feet measured longitudinally shall be opened in any street at any one time. C. All underground pipes, tiles, cables, etc., shall be located sufficiently ahead of trench excavation work to avoid damage to those facilities and to permit relocation if necessary. D. Pipes, drains, tiles, culverts or other underground facilities encountered shall be protected as directed by the city engineer. E. Monuments, benchmarks, or datum points of concrete, iron or other lasting material set for the purpose of locating or preserving the lines of any street or property subdivision, or precise smvey reference point within the city, shall not be removed or disturbed unless permission so to do is first obtained in writing fi.om the proper government authority. Permission may be granted only upon conditions that the permittee shall pay all expenses incident to the proper replacement thereof, including the cost of a survey. F. When work performed by the permittee interferes with the established drainage system of any street or natural water way, provision shall be made by the permittee for adequate ~emporary drainage to the satisfaction of the city engineer and consistent with the provisions of this Code. G. When any earth, gravel or other excavated material is caused to roll or flow or is washed or otherwise deposited on any step and/or sidewalk, the permittee shall cause the same to be removed fi.om the street or sidewalk before the end of the working day. In the event the earth gravel or other excavated material so deposited is not so removed, the city en.m.'neer shall cause Page 14 of 16 7682 CODING: Words in :~: ~e::gk type are deletions fi.om existing law. Words in underscore type are additions. such removal and the cost incurred thereby shall be paid by the permittee. Failure on the part of the permittee to make immediate pa~nent of such cost upon demand shall be cause for revoking such permit. H. Every permittee shall place around the excavation or project such barriers, barricades, lights, warning flags and danger signs as shall be determined by the city engineer to be necessary for the protection of the public. Additional safety requirements may be prescribed by the city engineer where deemed necessary by him to protect adjacent private or public property. Whenever any person fails to provide or maintain the safety devices required by the city engineer, such devices might be installed and maintained by the city. The amount of the cost thus incurred shall be paid by the permittee. I. When any work is performed on city streets, the permittee must comply with the traffic control procedures established by the Department of Public Works. In the event proper traffic control is lacking or deficient, and is not corrected within one (1) hour upon notice, the city engineer may stop work and revoke the permit. J. Access to private driveways and alley shall be provided except during working hours when construction operations prohibit such access. Free access shall be provided at all time to fire hydrants. K. Excavated materials shall be laid compactly along the side of the trench or removed immediately from the site at the discretion of the city engineer. Excavated material when piled alongside the excavation shall be kept trimmed so as to cause a minimum inconvenience to public travel. In order to expedite the flow of traffic or to abate a dirt or dust nuisance, the city engineer may require the permittee to provide and use toe boards or bins. If the excavated area or storage area is muddy or causes inconvenience to pedestrians, temporary wooden plank walks shall be installed by the permittee as directed by the city envi.'neer. If the street is not wide enough to hold the excavated material without using part of the adjacent sidewalk, the permittee shall keep open a passageway at least one-half (½) of the sidewalk width along such sidewalk. L. Work authorized by a permit shall be performed between the hours of 7:00 a.m. and 7:00 p.m., Monday through Saturday, unless the permittee obtains written consent from the inspection officer to do the work at other times. Such permission shall be granted only: 1) in case of emergency as determined by the city engineer; 2) where safety and traffic control measures in accordance with city and FDOT standards are not feasible during these hours as determined by the city engineer; 3) if the constmction area is not within five hundred {500) feet of any single or multi-family dwelling as determined by the city engineer; 4) or for city work or activities where the City Manager determines that extended hours of work are necessary to complete the work in a timely fashion and to protect the public health, welfare and said feasibility of safety or traffic control measures. Any permit granted under this section may include other conditions on the permittee's ability to work after 7:00 p.m. No such work will be permitted on Sunday unless authorized by the City Commission as necessary and convenient for the public health, welfare and safety. 7683 Page 15 of 16 CODING: Words in :~2te '~-.~'c-uF~[ type are deletions from existing law. Words in underscore type are additions. Sec. 5. Backfilling and restoring of openinlls. All backfilling and restoring of openings made in any street, alley, roadway or public lands shall be performed in accordance with the latest standards and specifications of the city. Page 16 of 16 CODING: Words ia :~.?.e '~.~'~ug~ type are deletions fi'om existing law. Words in underscore type are additions. 7684 MeeUng Minutes Regular City Commission MeeUng Bovnton Beach, Flor[~i~ May 18, 200~l Therefore, for every 650 square foot unit, there would have to be a larger unit to offset that. A live/work unit is a totally different matter. That has living space and workspace in the same unit and has a minimum square footage of 1,000 square feet. This would be a small apartment over a commercial unit. Motion Commissioner £nsler moved to approve Proposed Ordinance No. 04-032. Vice Mayor Ferguson seconded the motion. City Clerk Prainito called the roll and the motion carried 4 to 1 with Commissioner McCray dissenting. Proposed Ordinance No. O4-033 Re: Amending Chapter 2, AdminlstraUon, Article VIZ1, Education Advisory Board, Section 2-130, "Meetings" and amending Section 2-131 "Qualifications" Assistant City Attorney Payne Proposed Ordinance No. 04-033 by title only. There was no one from the public who wished to address this item. Commissioner Ensler moved to approve Proposed Ordinance No. 0't-033. Vice Mayor Ferguson seconded the motion. City Clerk Prainito called the roll and the motion carded unanimously. B. Ordinances - 1a Reading Proposed Ordinance No. 04-039 Re: Amending the Land Development Regulations (LDR), Chapter 22 - Streets and Sidewalks Mayor Taylor announced that he received a request that this item be removed and sent back to the Planning & Development Board for further consideration. Vice Mayor Ferguson made a motion to remove this item and return it to the Planning & Development Board for further consideration. Commissioner McCray seconded the motion. City Clerk Pralnito called the roll and the motion carried unanimously. C. Resolutions: None D. Other: None 7685 18 VII. Old Business 7686 Any person who decides to appeal any decision of the Community Redevelopment Board with respect to any matter considered at this meeting will need a record of the proceedings and for such purpose lnay need to ensure that a verbatim record of the ~roceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. The CRA shall furnish appropriate auxiliary aids and services where necessary to afford an individual with a disability an equal opportunity to participate in and enjoy the benefits of a service, program, or activity conducted by the CRA. Please contact Douglas Hutchinson at 561-737-3256 at least twenty-four hours prior to the program or activity in order for the CRA to reasonably acconmaodate your request. BOYNTON BEACH CRA AGENDA ITEM REQUEST FORM Requested CRA Date Final Materials Must be Requested CRA MeetinA Dates Turned Meetinfl Dates into CRA Office [] January 11, 2005 December 28, 2004 (Noon,) [] July 12, 2005 · February 8, 2005 January 25, 2005 (Noon) [] August 9, 2005 [] March 8, 2005 February 22, 2005 (Noon) [] September 13, 2005 [] Aprii 12, 2005 March 29, 2005 (Noon) [] October 11, 2005 [] May 10, 2005 April 26, 2005 (Noon) [] November 8, 2005 [] June 14, 2005 May 31, 2005 (Noon) [] December 13, 2005 Date Final Materials Must be Turned into CRA Office June 28, 2005 (Noon) July 26, 2005 (Noon) August 30, 2005 (Noon) September 27, 2005(Noon) October 25. 2005 (Noon) November 29, 2005 (Noon) NATURE OF [] Consent Agenda · Old Business [] Legal AGENDA ITEM [] Director's Report [] New Business [] Future Agenda Items [] Other Item DATE: January 30, 2005 SUBJECT SUMMARY PARAGRAPH: On January 11, 2005 Staff brought forth a request to consider Dale Sugerman as Assistant Director for the Boynton Beach CRA and the CRA Board agreed with the course of action. The CRA Board instructed staff to enter into contract negotiations with Dale Sugerman and bring back a contract. RECOMMENDATION: The CRA Staff has worked with Dale Sugerman end Ken Spillias to develop a contract which is mutually acceptable. Staff is recommending the approval of the attached contract for Dale Sugerman. EXPLANATION: (Background of the issue: Who, What, Where, When, How, Etc.) The CRA has emerged as one of the most active CRA's in the state. As such, staffing is required to properly manage and operate the Boynton program. On January 11, 2005 the CRA Executive Director asked the CRA Board to consider filling the Assistant Director position and that the position carries an annual salary of $ 97,850 prorated for the remaining of this Budget Year. The CRA Board granted the permission and negotiations have been ongoing. FISCAL IMPACT: The Fiscal Impact to this Budget year will be $98,078.01 ALTERNATIVES: Do not hire an Assistant Director. ,. l.C~,u't:~ [ ,;~' 2~.~-~'~' CR~ Staff - - ~:~l'as ~hinson, CRA Director v' 7687 C:\Susan shared files~uman resources\humaaresources\CRA Agenda Item Request form - Assistant Director Contract.doc EMPLOYMENT CONTRACT THIS CONTRACT is entered into on day of February 2005, between the Boynton Beach Community Redevelopment Agency, hereinafter referred to as "CRA," and DALE S. SUGERMAN. RECITALS The CRA and DALE S. SUGERMAN acknowledge the following as the basis for this contract: The CRA is desirous of retaining the services of DALE S. SUGERMAN to serve as the Assistant Director of the CRA, and DALE S. SUGERMAN agrees to provide said services. In selecting DALE S. SUGERMAN to be the Assistant Director of the CRA, the CRA has relied on all information and materials appearing on or furnished in connection with his application for that position, including representations made in oral interviews. DALE S. SUGERMAN represents that alt such information and materials are accurate, complete, and authentic and that he is qualified and has the expertise to serve as the Assistant Director of the CRA and that the performance of such duties are specialized in nature. The CRA and DALE S. SUGERMAN wish to reduce their agreements to writing in order to describe their relationship with each other, to provide a basis for effective communication between them as they fulfill their respective governance and administrative functions in the operation of the CRA. The position of Assistant Director is a contractual position controlled by the terms hereof. TERMS, CONDITIONS~ AND COVENANTS Accordingly, based upon the forgoing premises and in consideration of the mutual covenants and promises contained in this Contract, the CRA and DALE S. SUGERMAN agree as follows: ARTICLE I Agreement for Services 1.1 The CRA hereby contracts with DALE S. SUGERMAN to serve as Assistant Director of the CRA and DALE S. SUGERMAN hereby agrees to provide services as hereinafter set forth. 7688 1.2 DALE S. SUGERMAN is an at will employee of the CRA. By acceptance of the Contract, DALE S. SUGERMAN acknowledges that there has been no representation Page 1 of 14 Susan Shares V:\human resources~Assistant Director contract 2004-2005_Rev.doc or promise, expressed or implied fixing the term of his appointment, except as provided for herein. The Human Resources Policy and Procedure Manual does not apply hereto except as specifically referenced herein and the following Articles shall specifically apply: 1-2,1-4,3-3,5-4,5-6,6-2,6-3,6-4,6-5,6-6,6-7,6-8,6-9 and 6-10. ARTICLE 2 Duties and Obliqations 2.1 Principal Duties and Obligations. Subject to the direction and supervision by the CRA Executive Director as Assistant Director of the CRA, DALE S. SUGERMAN shall: 2.1.1 be the Assistant Director of the CRA and is responsible for all activities associated with the CRA as outlined in but not limited to the job description(Exhibit "A") tt is understood and agreed that DALE S. SUGERMAN may be required to perform other duties as Assistant Director of the CRA as such duties may be from time to time assigned by the CRA Executive Director. 2.2 Manner of Performance. Except as otherwise expressly provided by the Contract, DALE S. SUGERMAN shall at all times: 2.2.1 devote all his time, attention, knowledge and skill solely and exclusively to the business and interest of the CRA during normal working hours and at CRA related events after normal business hours; 2.2.2 perform his duties and obligations faithfully, industriously and to the best of his ability; 2.2.3 disclose all employment to the CRA Executive Director and not engage in any conflicting outside employment except with prior written permission of the CRA Executive Director, which permission shall not be unreasonably withheld; 2.2.4 keep the CRA Executive Director fully informed in advance of all travel and activities that take him out of the office for more than a day at a time. ARTICLE 3 Annual Performance Goals and Evaluation 3.1 The CRA Executive Director shall review and evaluate the performance of DALE S. SUGERMAN at least once annually at the time stated in Article 4. The review and evaluation shall be in accordance with performance criteria developed by the CRA Executive Director, and such criteria must be provided to DALE S. SUGERMAN in advance of the commencement of the period of evaluation. The criteria may be added to or deleted from as the CRA Executive Director may from time to time determine, except that DALE S. SUGERMAN shall not be evaluated for his work if no performance criteria has been established. Further, the CRA Executive Director shall provide DALE 7689 Page 2 of 14 Susan Shares V:\human resources~Assistant Director contract 2004-2005_Rev.doc S. SUGERMAN with a summary written statement of the evaluation and provide an adequate opportunity for DALE S. SUGERMAN to discuss his evaluation with the CRA Executive Director. 3.2 Periodically, the CRA Executive Director and DALE S. SUGERMAN shall define such goals and performance objectives that they determine necessary for the proper operation of the CRA in attainment of the objectives and shall further establish a relative priority among those various goals and objectives, which shall be reduced to writing. ARTICLE 4 Compensation and Benefits 4.1 Annual Review. Compensation reviews are not subject to any specific formula applicable to other CRA personnel. Wage and benefit adjustments shall be at the sole discretion of the CRA Executive Director and are subject to the appropriation of funds by the CRA Board. An annual compensation review of DALE S. SUGERMAN shall be completed in October of each year. 4.2 Base Salary. The CRA shall pay DALE S. SUGERMAN an annual base salary of Ninety Seven Thousand Eight Hundred Fifty Dollars ($97,850.00) for all services performed, payable in equal installments at the same time as all other CRA employees are paid. 4.3 Benefits. The CRA agrees DALE S. SUGERMAN may participate and have the following benefits as set forth in the most current Human Resources Policy and Procedure Manual, section 6 that applies to the CRA employees; i.e., retirement, health insurance, disability insurance, holidays, sick leave, and compassionate leave with the exception of elements connected with the CRA Retirement provision and vacation leave. The CRA will make a $20,000 lump-sum contribution into a tax-deferred retirement program, satisfactory to both parties, for tax year 2005, payable within 90 days of the effective date of this contract. DALE S. SUGERMAN shall be fully vested in the $20,000 contribution immediately upon deposit into the retirement program. DALE S. SUGERMAN shall receive vacation leave equal to four (4) weeks annually, which will be accrued at a rate of 6.15 hours per pay period. 4.4 Business Expenses. The CRA agrees to reimburse DALE S. SUGERMAN for out of pocket expenses made on behalf of the CRA and approved by the CRA Executive Director. 4.5 Automobile Expenses. The CRA agrees to pay DALE S. SUGERMAN Three Thousand Seven Hundred Eight Dollars ($3,708.00) per year payable in equal installments at the same time as the CRA employees are paid. 4.6 Additional Benefits. The CRA Executive Director may, in his sole discretion, reimburse DALE S. SUGERMAN or pay directly from CRA funds for membership fees 7690 Page 3 of 14 Susan Shares V:\human resources~Assistant Director contract 2004-2005_Rev.doc in various organizations and for subscriptions to various related publication which shall remain the property of the CRA. ARTICLE 5 Duration of Contract 5.1 This Agreement shall be for a term from to September 30, 2005, but may be automatically renewed until replaced or superceded by subsequent Contract (s) of Employment to provide continuity of employment for operation, insurance and benefits, unless terminated earlier in accordance with Article 7. The CRA and DALE S. SUGERMAN intend to mutually agree to the creation of a multi-year employment agreement prior to the end of this contract. ARTICLE 6 Indemnification and Reimbursement 6.1 The CRA Shall: 6.1.1 defend and indemnify DALE S. SUGERMAN against all claims and action, civil or criminal, provided that claims or actions arising out of and in the course of the performance of his duties and responsibilities pursuant to this Contract; 6.1.2 pay any judgment that may be entered against DALE S. SUGERMAN in a civil action arising out of and in the course of the performance of his duties and responsibilities pursuant to this Contract, except a judgment based on intentional wrongdoing or willful neglect by DALE S. SUGERMAN; 6.1.3 the CRA reserves the rights to select, appoint, retain or discharge legal counsel necessary to provide the foregoing defense. ARTICLE 7 Termination of Contract 7.1 Events of Termination. This Contract shall terminate: 7.1.1 at any time by the mutual agreement of DALE S. SUGERMAN and the CRA; 7.1.2 by unilateral termination of DALE S. SUGERMAN'S contract by the CRA; DALE S. SUGERMAN serves at the pleasure of the CRA Executive Director, with the consent of the CRA Board and may be terminated by the CRA Executive Director, with the consent of the CRA Board, without cause, upon forty-five (45) days advance written notice to DALE S. SUGERMAN. However, the CRA Executive Director, with the consent of the CRA Board may, if it is deemed in the best interest of the CRA, relieve DALE S. SUGERMAN from his duties immediately; 7691 Page 4 of 14 Susan Shares V:\human resourceskAssistant Director contract 2004-2005 Rev.doc 7.1.3 7.1.4 7.1.5 7.2 7.2.1 7.2.2 7.2.3 7,2.4 7.2.5 7,2.6 by the resignation of DALE S. SUGERMAN. DALE S. SUGERMAN may terminate the Employment Contract without cause upon at least 14 days advance written notice to CRA unless the CRA and DALE S. SUGERMAN mutually agree to a different notice period; upon DALE S. SUGERMAN'S sustained inability for all or substantially all of one hundred and six (106) calendar days to perform his duties and obligations pursuant to this Contract as a result of physical or mental illness or condition. This inability may be verified at the CRA's expense (to the extent not covered by applicable medical insurance maintained by the CRA) by a licensed physician mutually agreed upon by DALE S. SUGERMAN and the CRA, provided that state or federal law or regulations would not preclude or prohibit DALE S. SUGERMAN separation under the condition. In the event the parties are unable to mutually agree on a physician within ten (10) days of a request for selection, the examining physician will be selected solely by the CRA; upon the death of DALE S. SUGERMAN; Rights and Obligations Upon Termination by Mutual Agreement. If this Contract terminates upon mutual agreement of the parties, DALE S. SUGERMAN shall be entitled to: base salary for services performed to the effective date of the termination plus a payment of ninety (90) days pay, payable upon contract termination agreement, calculated as follows: Employee's annual base salary shall be divided by three hundred sixty-five (365) days and that sum shall be multiplied by ninety (90) days, less customary withholding: reimbursement of as-yet unreimbursed expenses pursuant to this Contract; any amount for accrued and unused vacation leave time; any amount for accrued and unused sick leave time; and life and / or disability benefits if applicable; the total vested retirement benefit as provided in this Agreement; 7.3 Rights and Obligations Upon Unilateral Termination by CRA. Unilateral termination shall be in writing, sign by the CRA Executive Director and ratified by the CRA Board, and need not reflect performance related reasons. If this Contract is terminated by unilateral action of the CRA, DALE S. SUGERMAN shall be entitled only to the following; unless it is determined that DALE S. SUGERMAN is guilty of misconduct or 7692 Page 5 of 14 Susan Shares V:\human resources~X, ssistant Director contract 2004-2005 Rev.doc gross neglect of duty or is charged with a crime and in that case he shall be compensated only for actual time worked: 7.3.1 if given forty-five (45) days notice or more, such as immediately set forth below; base salary for services provided to the effective date of the termination plus one hundred eighty (180) days pay, payable upon termination notice by the CRA, calculated as follows: Employee's annual base salary shall be divided by three hundred sixty-five (365) days and that sum shall be multiplied by one hundred eighty (180) days, less customary withholding: if dismissed immediately; base salary for services provided to the effective date of the termination plus one hundred eighty (180) days pay, payable upon termination notice by the CRA, calculated as follows: Employee's annual base salary shall be divided by three hundred sixty-five (365) days and that sum shall be multiplied by one hundred eight (180) days, less customary withholding: 7.3.2 reimbursement of as-yet unreimbursed expenses pursuant to this Contract; 7.3.3 any amount for accrued and unused vacation leave time; 7.3.4 any amount for accrued and unused sick leave time; 7.3.5 any life and / or disability benefits if applicable; 7.3.6 the total vested retirement benefit as provided in this Agreement; 7.4 Rights and Obligations Upon Termination Due to Resignation. If this contract is terminated due to DALE S. SUGERMAN'S resignation, DALE S. SUGERMAN shall be entitled only to the following compensation and benefits: 7.4.1 The base salary through the last day that DALE S. SUGERMAN performed services to or on behalf of the CRA. 7.4.2 reimbursement of as-yet unreimbursed expenses pursuant to this Contract; 7.4.3 any amount for accrued and unused vacation leave time; 7.4.4 any amount for accrued and unused sick leave time; 7.4.5 any life and / or disability benefits if applicable; 7.4.6 the total vested retirement benefit as provided in this Agreement; Rights and Obligations Upon Termination Due to Disability or Death. 7.5 If this Contract is terminated due to DALE S. SUGERMAN'S physical disability or death, 7693 Page 6 of 14 Susan Shares V:\human resources~Assistant Director contract 2004-2005 Rev doc 8.1 9.1 7.5.1 7.5.2 7.5.3 7.5.4 7.5.5 7.5.6 10.1 10.1.1 10.1.2 DALE S. SUGERMAN or his guardian or personal representative shall be entitled only to the following compensation and benefits: The base salary through the last day that DALE S. SUGERMAN performed services to or on behalf of the CRA. reimbursement of as-yet unreimbursed expenses pursuant to this Contract; any amount for accrued and unused vacation leave, not to exceed the maximum number of days set forth in the most current Human Resources Policy and Procedure Manual; any amount for accrued and unused sick leave, not to exceed the maximum number of days set forth in the most current Human resources Policy and Procedure Manual; any life and / or disability benefits if applicable; the total vested retirement benefit as provided in this Agreement. ARTICLE 8 Modification or Amendment of Contract Modification and Amendment. No modification of or amendment of this Contract shall be valid unless reduced to writing and signed by both parties. ARTICLE 9 Waiver The CRA waiver of any breach of any term, condition, or covenant of this Contract shall not constitute the waiver of any other breach of the same or any other term, condition, or covenant of this Contract. ARTICLE 10 Applicability to Successors This Contract shall be binding on and inure to the benefit of: DALE S. SUGERMAN's heirs and personal representatives; and the CRA regardless of changes in the persons holding office as members of the CRA. ?694 Page 7 of 14 Susan Shares V:\human resources~Assistant Director contract 2004-2005 Rev.doc 11.1 11.2 12.1 13.1 ARTICLE 11 Non-AssiRnabilitY and Subcontractinq This Contract is not assignable. DALE S. SUGERMAN shall not subcontract any portion of the work of this Contract without the prior written approval of the CRA Board. ARTICLE 12 Severability of Provisions If any provision of this Contract or the application of any provision to any party or circumstance shall be prohibited by or invalid under applicable law, the provision shall be ineffective to the extent of such prohibition or invalidity without invalidating the remaining provisions of this Contract or their application to other parties or circumstances. ARTICLE 13 Governin.q Law and Venue This Contract and the terms, conditions, and covenants contained in it shall be governed by and construed in accordance with the laws of the State of Florida, and any action brought in connection with this Contract shall be brought in Palm Beach County, Florida in State Court and in the Southern District Court of Florida if in Federal Court. ARTICLE 14 InteRration of All ARreements and Understandings 14.1 This Contract contains the entire agreement between the CRA and DALE S. SUGERMAN All prior agreements and understandings, whether written or oral, pertaining to the this contract with DALE S. SUGERMAN are fully abrogated and of no fur[her force and effect from and after the date of this Contract. 14.2 Regardless of which party or party's counsel prepared the original draft and subsequent revisions of this Contract, DALE S. SUGERMAN and the CRA and their respective counsel have had equal opportunity to contribute to and have contributed to its contents, and this Contract shall not be deemed to be the product of and, therefore, construed against either of them. 14.3 The omission from the Contract of a term or provision contained in an earlier draft of the Contract shall have no evidentiary significance regarding the contractual intent of the parties. 7695 Page 8 0f14 Susan Shares V:\human resources~ssistant Director contract 2004-2005_Rev.doc ARTICLE 15 Execution of Contract 15.1 This Contract may be executed in duplicate or in counter parts, each of which shall be seemed an original and all of which together shall be deemed one and the same instrument. No term, condition, or covenant of this Contract shall be binding on either party until both parties have signed it. Notice 15.2 Whenever any party desires to give notice unto any other party, it must be given by written notice, sent by certified United States mail, with return receipt requested, by hand delivery or by facsimile transmission with receipt of delivery, addressed to the party for whom it is intended and the remaining parties, at the places last specified, and the places for giving of notice shall remain such until they shall have been changed by written notice in compliance with the provisions of this section. For the present, the CRA and the DALE S. SUGERMAN designate the following as the respective places for giving of notice: CRA: Boynton Beach Community Redevelopment Agency Attention: CRA Executive Director 639 E. Ocean Avenue, Suite #103 Boynton Beach, Florida 33435 Telephone: (561) 737-3256 Facsimile: (561) 737-3258 COPY TO: Kenneth Spillias Lewis, Longman, Walker PA 1700 Palm Lakes Blvd, Suite 1000 West Palm Beach, FL 33401 Telephone (561) 640-0820 Facsimile (561) 640-8202 EMPLOYEE: Dale S. Sugerman 150 Las Brisas Circle Hypoluxo, FI 33462 561-582-5355 7696 Page 9 of 14 Susan Shares V:\human resources~Assistant Director contract 2004-2005_Rev.doc EXECUTED on the respective dates set forth below CRA EXECUTIVE DIRECTOR BY: DOUGLAS C. HUTCHINSON BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY: BY: CHAIR DALE S. SUGERMAN: BY: DALES. SUGERMAN 7697 Page 10 of 14 Susan Shares V:\human resources~Assistant Director contract 2004-2005Rev.doc EXHIBIT A COMMUNITY REDEVELOPMENT AGENCY CITY OF BOYNTON BEACH, FLORIDA Classification Description CLASSIFICATION TITLE: CRA Assistant Director Exempt Contract Position WORK OBJECTIVE This is a highly visible and responsible administrative position which assists the CRA Executive Director in managing and directing the CRA programs which are established under Chapters 163 of the Florida Statue. The CRA Assistant Director will perform administrative and technical support work on a variety of office systems. The CRA Assistant Director will help in establishing procedures, departmental guidelines, legal requirements and regulatory standards applicable to the work of the CRA. The Assistant Director will coordinate schedules, calendars, projects, and programs of the CRA as delegated by the CRA Executive Director. The CRA Assistant Director will have considerable interaction with outside agencies, administrative officials and the general public. ESSENTIAL FUNCTIONS Provided herein is a general description of duties that may be assigned. The CRA Executive Director reserves the right to establish, assign, reassign and redistribute work to meet business needs. The statements herein do not preclude the CRA Executive Director from assigning other duties similar in nature, complexity and responsibility to any position within this classification. · Functions as Assistant to the CRA Executive Director · Assist CRA Executive Director with the organization of outside agencies and groups with respect to CRA related matters. · May supervise agency staff when applicable. · Creates and generates complex materials, e.g., agendas, legal documents, CRA plans, ordinances, reports, and manuals. · Compiles, prepares, and may be responsible for distributing reports, legal notices, news releases, public service announcements, and other materials of the agency. · Arranges calendars and coordinates schedules for meetings. · Receives and reviews various reports and plans for the purpose of verifying accuracy and ensures necessary copies of pertinent documents are made and distributed to appropriate entities. · Performs computer related tasks requiring broad working knowledge of a wide variety of standard computer applications, e.g., word processors, database systems, spreadsheet programs, report presentation packages, calendar schedulers, electronic file maintenance. 7698 Page 11 of 14 Susan Shares V:\human resources~ssistant Director contract 2004-2005_Ray.doc · Functions as liaison between CRA and outside agencies, gathering and relaying information as needed. · Performs special projects as assigned. KNOWLEDGE, SKILLS AND ABILTIES · Considerable knowledge of the operations of urban planning and redevelopment. · Considerable knowledge of federal, state and municipal legislation impacting the CRA. · Considerable knowledge of management and supervisory principles and techniques. · Knowledge of laws and ordinances affecting the redevelopment process. · Knowledge of economics, public finance, capital programming and other related fields that apply in redevelopment service related functions. · Strong customer service skills including both internal and external customers. · Strong skills empowering others with the authority necessary to accomplish their objectives. ADDITIONAL POSITION FUNCTIONS The CRA Assistant Director may perform related duties as directed when such duties are a logical and appropriate assignment to the position. PREFERRED QUALIFICATIONS Graduation from an accredited college or university with a Bachelor's Degree in public or business administration, urban and regional planning or related field. Two years of progressively responsible work experience in community redevelopment, urban renewal, model cities, real estate, finance and public relation. The City of Boynton Beach Community Redevelopment Agency (CRA) is an Equal Opportunity Employer. In compliance with Equal Employment Opportunity guidelines and the Americans with Disabilities Act, the CRA provides reasonable accommodation to qualified individuals with disabilities and encourages both prospective and current employees to discuss potential accommodations with the employer. I have read and understand this classification description and hereby certify that I am qualified to perform this job, with or without reasonable accommodation. Name (print) Employee Signature CRA Executive Director (print) CRA Executive Director (sign) Date Date 7699 Page 12 of 14 Susan Shares V:\human resources~Assistant Director contract 2004*2005Rev.doc EXHIBIT B All amounts, although annualized, assume that they will be pro-rated from the date of hire to December 31,2005. ITEM AMOUNT NOTES Starting Salary $ 97,850.00 Consideration for future salary increases will be done as part of the annual CRA budget process and will be adjusted using a merit-based performance evaluation. Employer contribution to retirement package $ 20,009.37 This will be the amount of contribution made by the CRA into some tax-deferred instrument, satisfactory to both parties. It will be a lump-sum contribution for tax year 2005 and will be made within 30 days of my starting date. Going forward, and effective for calendar year 2006, the CRA will create an annual employer-contribution retirement package for me in an amount not less than $20,009.37 Severance Six months Including salary, continuing life and health insurance as well as a vehicle allowance. Vehicle allowance I T.B.D. Equal to the amount allowed for the Director. Vacation I 20 business days Sick days Memberships Professional Association activities Current policy T.B.D. The CRA will pay for annual memberships in the International City/County Management Association, the Palm Beach County City/County Management Association, and any other organization appropriate to support the activities of the CRA. N/A I will be authorized to participate in professional association activities, and the CRA will authorize administrative leave for such participation. Outside Activities N/A My employment shall be my sole regular employment. Recognizing that certain outside consulting or teaching opportunities provide indirect benefits to the CRA and the community, I would like to be able to accept limited teaching, consulting or other business opportunities with the understanding that such arrangements shall not constitute interference with, nor a conflict of interest with, my responsibilities to the CRA. At present, I am an adjunct faculty member at Barry University, and I do consulting work with the Institute of Government and ICMA from time to 7700 Page 13 of 14 Susan Shares V:\human resources~Assistant Director contract 2004-2005_Rev.doc time. I will always clear with you this type of work and the timing associated with it. Other benefits T. B.D. There may be other benefits not mentioned above that are provided to other employees of the CRA. Those other benefits shall be granted as part of my compensation package, and although they may not be completely listed herein, the intent is that those common benefits shall be extended to me as well. I serve on the International Committee of the ICMA. I have committed to, and am already approved to attend a committee meeting, which will be held during the month of April in Amsterdam, The Netherlands. I will be gone for 5-6 business days, and request that this time away from the office be considered as Administrative Leave (which is how it has been approved by the City Manager). Page 14 of 14 Susan Shares V:\human resources~AssJstant Director contract 2004 2005_Rev.doc VIII. New Business 7701 Any person who decides to appeal any decision of the Community Redevelopment Board with respect to any mailer considered at this meeting will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the ~roceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. The CRA shall furnish appropriate auxiliary aids and services where necessary to afford an individual with a disability an equal opportunity to participate in and enjoy the benefits of a service, program, or activity conducted by the CRA. Please contact Douglas Hutchinson at 561-737-3256 at least twenty-four hours prior to the program or activity in order for the CRA to reasonably accommodate your request. BOYNTON BEACH CRA AGENDA ITEM REQUEST FORM Requested CRA Date Final Materials Must be Requested CRA Meeting Dates Turned Meetine Dates into CRA Office [] January 1 I, 2005 December 28, 2004 (Noon) [] July 12, 2005 February 8, 2005 January 25, 2005 (Noon) [] August 9, 2005 [] March 8, 2005 February 22, 2005 {Noon) [] September 13, 2005 [] April 12, 2005 March 29, 2005 (Noon) [] October I I, 2005 [] May I 0, 2005 April 26, 2005 (Noon) [] November 8, 2005 [] June 14, 2005 May 31, 2005 (Noon) [] December 13, 2005 Dale Final Materials Must be Turned int.__.qo CRA Office June 28, 2005 (Noon) July 26, 2005 (Noon) August 30, 2005 (Noon) September 27, 2005(Noon) October 25, 2005 (Noon) November 29, 2005 (Noon) NATURE OF [] Consent Agenda [] Old Business [] Legal AGENDA ITEM [] Director's Report · New Business [] Future Agenda Items [] Other Item DATE: January 27~ 2005 SUBJECT SUMMARY PARAGRAPH: Staffplaced an employment ad and received Twenty-Five (25) applications for the position of Planner. Staff narrowed the field do~w~ to five (5) applicants for the final intetwiew process. Staff is recommending Vivian Brooks for the position of Planner for the CRA. Staff has attached her resume and background information, Pay Plan 2004-2005, and Job Description, for Planner for the CRA Board to review. Staff is requesting to hire Vivian Brooks at $55,000, which is within the pay plan range; however, it is above mid point and therefore according to policy must be approved by the CRA Board. RECOMMENDATION: Staff is recommending hiring Vivian Brooks at $55,000 for the position of Plarmer. EXPLANATION: (Background of the issue: Who, What, Where, When, How, Etc.) Vivian Brooks is a highly qualified candidate for the position of Plauner. She has a Master in Urban and Regional Planning and extensive experience in economic development. She is responsible for the management of the Community Redevelopment Plan for the Northwood/Pleasant City CRA, implementing the Northwood Master Plan and long-range economic development plan. Vivian Brooks is currently working for Northwood Renaissance, Inc. FISCAL IMPACT: The financial impact for the Fiscal Year 2004-2005 for salary and benefits would be $40,735.70, which is currently in the Personnel Cost budget line item. CRA Staff ALTERNATIVES: The alternative would be not to hire Vivian Brooks for the position of Plauner. Annetl shares C ~,Susan shared files'xhuman resources/CRA Agenda Itelll Request form - Menlo for pay for planner doc 235 Santa Lucia Drive West Palm Beach, FL 33405 (561) 588-9682 Home (561) 577-2500 Cell vlbrooks~)bellsouth.net ACADEMIC Master of Urban and Regional Planning, Florida Atlantic University, Boca Raton, FL, June 2001 Thesis: Equitable Community Redevelopment Strategies for the Northwood Area B.A. of Arts in Political Science, Florida Atlantic University, Boca Retort, FL, August 1997 Research Skills Utilized SPSS and SAS statistical programs extensively Survey and evaluation research techniques Proficient in GIS technology PROFESSIONAL EXPERIENCE Economic Development Director, August 1999-present Northwood Renaissance, Inc. Responsible for the implementation of the long-range economic development plan for the Northwood area of West Palm Beach. Utilizing input from area stakeholders, programs were developed to improve the economic conditions for both local residents and business owners. Responsible for the development of a market niche strategy for the Northwood downtown district that has resulted in 30 new design related businesses locating to the area. Responsible for the development of mixed-use, commercial, single-family and multifamily projects from site selection, feasibility analysis, financing, public incentives and sales and leasing. Current projects in our development pipeline: · Village Centre - A 110,000 sq. fl. mixed-use project. Construction beginning April 2005. · The Courtyard - A 5,000 sq. fi. mixed-use project. Completed and leased up. · Grocery Store - A 4 acre site that will include a major grocery store, ancillary retail and 80 residential units. Assemblage 75% completed. · Mango Courtyard- A 3 acre site with 58 town homes. In the assemblage process. Additional responsibilities include the management of Community Redevelopment Plan for the Northwood/PIcasant City CRA. Under the contract, Northwood Renaissance is responsible for implementing the Northwood Master Plan and the Communit3 Redevelopment Plan for the NorthwoodJPleasant City CRA. 7703 Page Two/Vivian L. Brooks/Resume Current Economic Development Programs Small Business Support Center Marketing and Special Events Business Recruitment Business Retention Small Business I.oans Fa~:ade Grants Locational Assistance to business owners Development of mixed-use projects Facilitate development by the private sector Assist private development firms with CRA incentives GIS Coordinator, 1997 - 1999 G1S Lab, Florida Atlantic University As GIS coordinator, 1 developed public/private partnerships for the purpose of utilizing technology to assist in the planning process. My work at FAU included developing a GIS pilot program for Broward County schools, analyzing and assessing the information needs of various departments within the CiW of Fort Lauderdale and researching transportation models for the Florida Department of Transportation. Additionally, 1 conducted GIS training for various governmental personnel. Vice President, Owner/Operator, 1980 - 1997 Brooks Painting, Inc. West Palm Beach, FL For sixteen years, I co-owned and operated a painting contracting company that specializes in high-end designer finishes. The company was formed by my ex-husband and myself in 1980 and continues to operate profitably today. My responsibilities included all financial operations and day-to-day oversight of 30 employees. Under my leadership, the company has become known as one of the most professional and upscale contractors in Palm Beach. PROFESSIONAL DEVELOPMENT Economic Development Finance - National Development Council - Durable Community Development Corporations - iASC Multi-Family }lousing Underwriting, Tax Credits I01 Community Development Training Institute Urban Job Development Conference - Enterprise Florida PROFESSIONAL MEMBERSHIPS American Planning Association Leadership West Palm Beach PROFESSIONAL SERVICE Chair, Airport Advisory Board The City of West Palm Beach 1996 1998 Member, Front Porch Neighborhood Council 1999 2004 Personal References Available Upon Requesl 7704 ZOlqlNG REPORT ,ard-won rezoning leads to redevelopment in West Palm Beach 7705 ~ FRiDA'~, MARCH ~2, loo4 · DAILY BUSINESS REVIEW URBAN FORUM I by Viviafl L. Brooks Bring homes for work force closer to the workplace South Florida continues to experi- ence double-digit population growth. The Shimberg Center for Affordable Housing esti- mates that the tricounty popula- tion will grow by about I6 percent in the next lo years. Good news for busi- nesses and developer~. tionally with the general population. The majority of umts -- but not enough -- being built for Iow-to'mod- erate income families are tn the west- ern portions of the counties, where land is cheap compared with the coastal areas. Here lies the disconnect. The jobs two categories you may find living in South Florida challenging. In our near future, compe- tition for road space and living space is going to become fierce. What do income and gridlock have to do Perhaps that's not such good news if: for these families are generally east. you drive or you earn less than ~:~oper-: Mass transportation for the east-west cent of the area median commute is virtually income. If you happen InS0uthFI0rida, no,,ex,ste,,t. Failing to to fall into one of those redevelopment plan for housing at all income levels leads to has usually grialock. meant displacing O~ve~ the service- Iow-to-moderate based nature of the income residents. South Florida economy Nooneasks, and the already over- 'Where do they go?' burdened road ,ys~ems, a prudent policy would encourage the develop- one another? A lot. An interesting ment of worker housing near jobs -- phenomenon ts occurring in South something. Florida. From the t96os to the 199os, Here are some facts t¼at policy' upper-income households moved: makers may want to consider when from coastal a~eas to gated ~ubdi'-i' apprc',ing redevelopm.,ent proiects: sions tn the western portions of · A person working a minimum Miami-Dude, Broward and Palm: wage lob in Florida earns about Beach counties, a year. 7706 Community R devel6pment Agency Pay Plan 2004-2005 Revised December 15, 2004 Job Title Contract Exempt Annual Annual Position Non-Exempt Minimum Midpoint CRA Director Yes Exempt $80,000 $97,850 Assistant Director Yes Exempt $55,000 $-65,663 Controller No Exempt $40,000 $50,213 Planner No Exempt $41,000 $49,220 Administrative Assistant No Exempt $33,500 $41,715 Bookkeeper No Exempt $30,000 $35,000 Secretary No Non-Exempt $18,000 $30,000 Annual Maximum $113,300 $74,675 $59,225 $61,525 $48,925 $45,000 $35,000 Non-exempt positions will be defined by the CRA Executive Director as needed and approved according to the hiring process of the CRA. Susan Shares L:\hurnan resources~humanresources\CRA Pay Plan 04-05 Revised.doc COMMUNITY REDEVELOPMENT AGENCY CITY OF BOYNTON BEACH, FLORIDA Classification Description CLASSIFICATION TITLE: CRA Planner Exempt Contract Position WORK OBJECTIVE The purpose of this classification is to provide daily CRA Planning & Architecture activities, including development review process, planning document development, updates to CRA plans, project oversight, self assembly programs, comprehensive planning. ESSENTIAL FUNCTIONS Administrative 1. Coordinates daily work activities; organizes and prioritizes, monitors status of work in progress and inspects completed work; consults with CRA and City staff, assists with complex/problem situations, and provides technical expertise. Assists in developing and implementing budget for area of assignment; monitors expenditures to ensure compliance with approved budget. Provides information and assistance to the public, city officials, other departments, or other individuals concerning city codes, land development regulations, zoning regulations, interpretation of the codes/regulations, application and review processes, approvals, development projects, and procedural issues; meets with developers/agents regarding development plans; responds to complaints, researches problems, and initiates problem resolution. Performs staff review aspect of the development review process; reviews applications submitted for site plans, master plans, annexation, variances, minor modifications, use approvals, amendments, or other action; conducts technical comments related pertaining to development plans; prepares and/or reviews legal advertisements required for development approval. Develops reports, recommendations, conclusions, and studies relating to work activities; researches, evaluates, and prepares written reports including the collection of facts, documentation of relevant requests for approvals, and site plan approval; 7708 Susan Shares C:\Susan_shared files\human resources\humanresouroes\CRA Planner Job Description 2004 doc 10. 11. 12. 13. prepares special studies/reports on annexation; researches tax records, property taxes, fiscal impacts, projections of costs and revenues, annexation laws, and other information. Prepares/presents results of evaluations/analyses on development proposals or special projects, including technical data, at public meetings, hearings, and workshops. Assists with inter-governmental coordination activities; represents the CRA at multi-governmental meetings; reviews development petitions, including plan amendments of adjacent jurisdictions, and distributes similar information on local petitions to adjacent jurisdictions. Works with the City to maintain and distribute computerized and hard-copy information on popular/census data, including decennial counts, official annual estimates, and federal publications; interacts with source agencies to review and confirm housing unit counts, municipal boundaries, and annual permanent population estimates from the state. Maintains computerized and hard-copy records of previously reviewed and/or approved development projects. Provides consultation regarding contract administration issues as needed. Prepares or completes various forms, reports, correspondence, schedules, staff reports, technical review comments, legal advertisements, budget documents, performance appraisals, flow charts, or other documents. Receives various forms, reports, correspondence, budget documents, staff reports, technical reports, technical review comments, conditions of approval, development applications, site plans, master plans, legal advertisements, census data, traffic impact studies, comprehensive plan, community redevelopment plan, regulations, statutes, codes, ordinances, maps, manuals, reference materials, or other documentation; reviews, completes, processes, forwards or retains as appropriate. Operates a motor vehicle, personal computer, general office equipment, or other equipment as necessary to complete essential functions, to include the use of word processing, spreadsheet, database, e-mail, internet, or other programs. 7709 Susan Shares C:\Susan_shared files\human resources\humanresources\CRA Planner Job Description 2004.doc 14. Communicates with supervisor, employees, other divisions, other departments, city officials, government agencies, advisory boards, developers, consultants, the public, outside agencies, and other individuals as needed to coordinate work activities, review status of work, exchange information, resolve problems, or give/receive advice/direction. 15. Attends meetings, serves on committees, and makes presentations as needed. 16. Maintains a comprehensive, current knowledge of applicable laws/regulations; maintains an awareness of new trends and advances in the profession; reads professional literature; maintains professional affiliations; attends workshops and training sessions as appropriate. 17. Performs general/clerical tasks, which may include answering telephone calls, making copies, sending/receiving faxes, filing documents, or processing incoming/outgoing mail. Written Skills 1. Must demonstrate superior written skills as pertaining to ordinance creation, Planning document narrative, grant writing, etc. Urban Planning 1. Interprets and applies applicable city codes, ordinances, regulations, and comprehensive plan pertaining to zoning, land use, and site development. Consults with City Planning & Development staff and other officials to review department operations/activities, review/resolve problems, receive advice/direction, and provide recommendations. Conducts code reviews resulting in recommendations to amend land development regulations. Architectural 1. Must have general drafting - rendering / sketching skills. Preference shall be given to personnel with both 31anning and architectural degrees. 2. Must have a working knowledge of CAD programs, including but not limited to general drawing, rendering, etc. 7710 Susan Shares C:\Susan_shared flies\human resources\humanresources\CRA Planner Job Description 2004 doc The following duties are normal for this position. The omission of specific statements of the duties does not exclude them from the classification if the work is similar, related, or a logical assignment for this classification. Other duties may be required and assigned. PREFERRED QUALIFICATIONS Masters Degree in Urban & Regional Planning, Architecture or closely related field; supplemented by five (5) years previous experience and/or training that includes urban planning, site plan review, community development, project management, architectural design, drafting & reading skills, document development skills, and computer operations with preference for CAD experience; or any equivalent combination of education, training, and experience which provides the requisite knowledge, skills, and abilities for this job. Must possess and maintain a valid Florida driver's license. PERFORMANCE APTITUDES Data Utilization: Requires the ability to evaluate, audit, deduce and/or assess data using established criteria. Includes exercising discretion in determining actual or probable consequences and in referencing such evaluation to identify and select alternatives. Human Interaction: Requires the ability to perform in a public capacity. Equipment, Machinery, Tools, and Materials Utilization: Requires the ability to operate, maneuver and/or control the actions of equipment, machinery, tools, and/or materials used in performing essential functions. Verbal Aptitude: Requires the ability to utilize a wide variety of references, descriptive, advisory and/or design data and information. Mathematical Aptitude: Requires the ability to perform addition, subtraction, multiplication and division; ability to calculate decimals and percentages; may include ability to perform mathematical operations involving basic algebraic principles and formulas, and basic geometric principles and calculations. Functional Reasoning: Requires the ability to apply principles of influence systems, such as motivation, incentive, and leadership, and to exercise independent judgment to apply facts and principles for developing approaches and techniques to resolve problems. Situational Reasoning: Requires the ability to exercise judgment, decisiveness and creativity in situations involving broader aspects of organizational programs 7711 Susan Shares C:\Susan_shared files\human resourcesthumanresources\CRA Planner Job Description 2004.do0 and operations, moderately unstable situations, or the direction, control and planning of an entire program or set of programs. ADA COMPLIANCE Physical Ability: Tasks require the ability to exert very moderate physical effort in light work, typically involving some combination of stooping, kneeling, crouching and crawling, and which may involve some lifting, carrying, pushing and/or pulling of objects and materials of moderate weight (12-20 pounds). Sensory Requirements: Some tasks require the ability to perceive and discriminate visual cues or signals. Some tasks require the ability to communicate orally. Environmental Factors: Performance of essential functions may require exposure to adverse environmental conditions, such as humidity, rain, temperature extremes, traffic hazards, or bright/dim light. The City of Boynton Beach Community Redevelopment Agency (CRA) is an Equal Opportunity Employer. In compliance with Equal Employment Opportunity guidelines and the Americans with Disabilities Act, the CRA provides reasonable accommodation to qualified individuals with disabilities and encourages both prospective and current employees to discuss potential accommodations with the employer. I have read and understand this classification description and hereby certify that I am qualified to perform this job, with or without reasonable accommodation. Name (print) Employee Signature Date CRA Board Chair (print) CRA Board Chair (print) Date 7712 Susan Shares C:\Susan shared fires\human resources\humanresources\CRA Planner Job Description 2004 doc IX. Commission Action A. Stormet Norem resigned and Henderson Tillman was appointed in his place. Arches site plan extension was approved to December 3, 2005. Barr Property (LUAR 04-009) Tabled until first meeting in April 2005. D. Barr Property (NWSP 04-013) Tabled until first meeting in April 2005. Seaview application for rezoning was approved. Seaview site plan approval with the 38' height limitation. Any person who decides to appeal any decision of the Community Redevelopment Board with respect to any matter considered at this meeting will need a record of the proceedings and tbt such purpose may need to ensure that a verbatim record of the t~roceedings is made, which record includes the testimony and e~,idence upon w,hich the appeal is to be based. 7713 The CRA shall furnish appropriate auxili~a'y aids and s~r~ices where nccessary to afford an individual with a disability an equal opportunity to participate in and enjoy thc bet~e~h~s ora service, program, or activity conducted by the CRA. Please contact Douglas Hutchinson at 561-737-3256 al least twenty-Ibur hours prior to the program or activity in order for the CRA to reasonably accommodate your request. X. Director's Report Any person who decides to appeal any decision of the Conm~unity Redevelopment Board with respect to any matter considered at this meenng will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the .roceedings is made, which record includes tlr~ testimony and evktence upon which the appeal is to be based. The CRA shall furnish appropriate auxiliary ai~ls and services wh~elt~ecessary to afford an individual with a disability an equal opportunity to participate in and enjoy the b~%t~t~a serv'ff:e' program; of ~leti~ity conducted by the CRA. Please contact Douglas Hutchinson at 561-737-3256 at least twenfy'zt'6~i';hohrs pri0r'fo the ~rogram':0r activity in order for the CRA to reasonably accommodate your request. MEMO To: From: Date: Subject: CRA Board Douglas Hutchinson February 1,2005 Directors Report Way-Finding Signage Program - Staff has been working with Paul Kellner of Guidance Pathways, Inc., on the permitting issues. See Attached E-Mail from Paul Kellner. Palm Beach County has approved two of the three signs as they are proposed in our design. We are workin.q with the First Methodist Church on Seacrest to move the third si.qn in order to receive approval. Laurinda Lo.qan with the City of Boynton Beach was been workin.q with FDOT and we are workin.q on the last details in order to .qet approval for si.qns on state hi.qhways. SV Design Guidelines Overlays - The document has been given back to RMPK Group for their next revision. We are now working with City Staff to move through the Mixed-Use issue. The project is about 80% complete. DH Unified Update CRA Plan: Staff is workin.q with RMPK to complete this comprehensive document. The plan has had si.qnificant revisions for content~ style, .qraphics, etc. The project is about 85% completed. DH Land Development Regulation (LDR) - LDR re-write will be by the City of Boynton Beach Staff and the CRA. The project is about 25% complete. DH Museum Feasibility Study Team - Final study is not here. An Executive Summary has been distributed the CRA Board Members and the City. Site study details need to be further explored. DH Genesis Business Program - The first round table session was held on January 13, 2005. Both the Mentors and the businesses relayed freely their perspective as it related to the program. In addition methods of co-cooperativeness, 7715 Annette's Shares L:\Monthly Directors Reporls\2005\Directors Monthly Status Report February Meetings doc marketing and the future direction of the program were discussed. The discussion was positive and participants walked away with specific ideas on group effectiveness. Roundtable sessions will be held on the second Thursday of each month, The mentors will meet at 3:30p. m. to 4:45p.m. and the businesses will join the discussion at 5:00p.m. One student inter from FAU as come on board. The campaign to add additional interns continues. Wesley Saint Lewis is a Junior at FAU majoring in MIS / Marketing. Grants Update St. Mark's Church has completed their projects and is requesting reimbursement. First Baptist Church, Delray- Boynton Academy and Colonial Condominium Association Inc are working to complete their grants. Innovative Window, which was one of our first Regions Core Grant recipients is~omplete and has submitted their final paperwork. Today the~ have 22 full time employees, which exceed their employment requirements by 12 people and a backlog of three months worth of order for windows. Staff is working with Yellow Beard Inc D/B/A Boynton Seafood to move their renovation project forward. They are now working through the permit process and will try to complete their project by June 18, 2005. Howevert if this renovation project cannot be completed by June 18, 2005, the grant money from the county will be rolled back into the Regions Economic Development Grant pool of funds. Self-Assembly- Miller Appraisal reports are due January 31st, 2005 for Federal Hwy & Boynton Beach Blvd Self-Assembly Groups. Parkside Downtown Village has been sent out for bid for an appraiser. NM Trolley Update - Staff is working with the City of Boynton Beach and sign companies to acquire trolley sign's, which will be posted at each trolley stop location. Our contractor Molly's Trolleys is moving forward with their hiring process so they will be prepared to begin. The Marketing FRP has been reposted in the Palm Beach Post, Sun Sentinel, and the Miami Herald due to lack of proposals. SV Po#ce Activity Report- Please find attached. SV. 7716 Annette's Shares L:\Monthly Directors Reports\2005\Directors Monthly Status Report February Meetings.doc e Web Site Activity Report- January's report is attached. AG. Newsletter - The first quarter newsletter will be published and mailed on March 19,2005 Article submissions are due on February 4, 2005. AG Events Movies on the Avenue: January's event was postponed due to inclement weather; as a result, the event will terminate in June instead of May as previously planned. AG. Herita.qeFest 2005: Plans for this year's event are well on the way. The County increased its contribution from $5000 to $9000 and the city's special events department has also increased its contribution. The Committee has sent written request's to each Commissioner requestin.q fundin.q for the 2005 event. The Committee is awaitin.q the Commissioner's decision. Contract ne.qotiations for a very excitin.q line up of performers and motivational speakers are in the final sta.qes. This Year's theme: "Pioneers Trailblazers & Visionaries an International Affair" is the drivin.q force behind the different cultural or.qanizations we have invited to participate elements such as the Parade and the "Around the World in a Day display." Proposed performers are Re.qina Bell, Howard Hewitt, both Grammy award winnin.q R&B Artists, Trinny, a local Trinidadian artist, local Re.q.qae artist 2 of a Kind, international Re.q.qae Rerecordin.q Artist Glenn Washin.qton, and local Latin band El Grupo PRISMA. Proposed motivational speakers the are President of the Miss Black USA Foundation (Miss District of Columbia), Muc~clsy Bo.clues, former NBA player, and Dwi.qht Stephenson, former Dolphin player and a football Hall of Fame inductee. A copy of the schedule of events is attached and further information can be obtained on the CRA web site and www. herita.qefest2OO5, com. AG 7717 Annette's Shares L:\Monthly Directors Reports\2005\Directors Monthly Status Report February Meetings.doc 7718 7719 7720 7721 7722 7723 7724 7725 7726 7727 q o o o ~ ~ o o o o o o o o o o. o o o 7728 7729 7730 7731 CRA Police Reports 7732 MEMO TO: CRA Board FROM: Susan Vielhauer SUBJECT: Final Taxable Values for the CRA DATE: Januaw 25,2005 Staff has received the Final Taxable Values for the Boynton Beach Community Redevelopment area from the Palm Beach County Tax Appraiser office. The CRA TIF income projections for the 2004-2005 Budget Year were a conservative estimate. The TIF is based upon new construction and a 15% increase in overall property value in the CRA area. Our budget projections were for $3,467,422.23 in TIF revenues. Upon final property value certification, the CRA TIF increased to $3,871,616.30, which is an increase of $404,194.07 above our estimate. 7733 C:\Susan_shared files\memos\MEMOTIF Final Taxable Values doc EE· E E'~ 773~ 7735 7738 '1 i I m I E 7739 Xl. Board Member Comments Any person who decides to appeal any decision of the Community Redevelopment Board with respect to any mailer considered at this meeting will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. 7740' ;he CRA shall furnish appropriate auxiliary aids and services where necessary to afford an individual with a disability an equal opportunity to participate in and enjoy the benefits of a service, program, or activity conducted by the CRA. Please contact Douglas Hutchinson at 56D737-3256 at least twenty-four hours prior to the program or activity in order for the CRA to reasonably accommodate your request. Xll. Legal Any person who decides to appeal any decision of the Community Redevelopment Board with respect to any matter considered at this ~neeting will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. ;he CRA shall furnish appropriate auxiliary aids and servi'~s4~here necessary to afford an individual with a disability an equal opportunity to participate in and enjoy the benefits of a service, program, or activity conducted by the CRA. Please contact Douglas Hutchinson at 561-737-3256 at least twenty-four hours prior to the program or activity in order for the CRA to reasonably accommodate your request. XIII. Other Items Any person who decides to appeal any decision of the Conm~unity Redevelopment Board with respect to any manet considered at this meeting will need a record of the proceedings and for such purpose nmy need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. 7742 · he CRA shall funfish appropriate auxiliary aids and services where necessary to aftbrd an individual with a disability an equal opportunity to participate in and enjoy the benefits of a service, program, or activity conducted by the CRA. Please contact Douglas Hutchinson at 561-737-3256 at least twenty-four hours prior to the program or activity in order for the CRA to reasonably acconunodate your request. x v. Future Agenda Items A. Consideration of Interlocal Agreement with the City of Boynton Beach for the Boynton Beach Boulevard Extension Promenade and Rivervvalk. (March) B. Consideration of Interlocal Agreement for the MLK Phase I Project (March). C. Consideration of amendment to CRA Procurement Policy (March). D. Consideration of Options for CRA Office Space (TBD). Any person who decides to appeal any dccision of the Community Redevelopment Board with respect to any matter considered at this meeting will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made, which record includes the testim0~/4~d evidence upon which the appeal is to be based. Phe CRA shall furnish appropriate auxiliary aids and services where necessary to afford an individual with a disability an equal opportunity to participate in and enjoy the benefits of a service, program, or activity conducted by the CRA. Please contact Douglas lfutchinson at 561-737-3256 at least twenty-four hours prior to the program or activity in order for the CRA to reasonably accommodate your request. xv. Adjournment. Any person who decides to appeal any decision of the Community Redevelopment Board with respect to any matter considered at this meeting will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidy~.4e4upon which the appeal is to be based. l'he CRA shall frumpish appropriate auxiliary aids and services where necessary to afford an individual with a disability an equal opporntnity to participate in and enjoy the benefits of a service, program, or activity conducted by the CRA~ Please contact Douglas Hutchinson at 561-737-3256 at least twenty-four hours prior to the program or activity in order for the CRA to reasonably accommodate your request.