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Agenda 11-08-05 Tuesday, November 8, 2005 Commission Chambers 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 A. Approval of Minutes for the September 22, 2005 Workshop. - 9217 B. Approval of Minutes for the CRA Board Meeting October 11, 2005.-9237 C. Approval of reimbursement in the amount of $1,739.00 for the SEBOF Self- Assembly group Appraisal under their Assembly and Redevelopment Incentive grant.-9262 D. Approval of reimbursement in the amount of $964.61 for legal fees for the Boynton Beach Railroad Self-Assembly group under their Assembly and Redevelopment Incentive grant.-9264 D. Approval of reimbursement for the Fac;ade Grant to Ocean Chiropractic in the amount of $15,000.-9268 E. Approval of minor amendments to the Direct Incentive Program.-9281 F. Approval of the CRA Board Meeting 2006 Calendar.-9283 9213 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 eRA to reasonably accommodate your request. Server T:\AGENDAS & MONTHLY REPORTS TO THE BOARD\AGENDAS\CRA Board Agenda 11-08-05.doc V. Public Audience VI. Public Hearing A. Spotts Property - Abandonment of a Portion of the Public Alley.-9285 B. Estancia at Boynton - Land Use Change to Special High Density Residential.- C-'..~.IZ~1;VU..L~~fvp '-7_Tf'uP .~('V'-C/'~ ,.f )1IY / tJ :' r ,:".. ~ D II 5;" ~ a/~ f#---- v.t.p.---- VII. Pulled Consent Agenda Items VIII. Old Business A. Review and discussion of the "Independent Accountant's Report on Applying Agreed-Upon Procedures".-9331 IX. New Business A. Consideration of Direct Incentive Agreement for Affordable Housing, LLC. with regard to the Ocean Breeze development in the Heart of Boynton.-9353 B. Resolution 05-05 to address the Salary Adjustment for the Interim Director.-9361 C. Resolution 05-06 to establish 401 (a) Contributions for Salaried Staff.-9364 D. Resolution 05-07 to establish Per Diem Travel & Mileage Reimbursement.-9368 E. Consideration to allow CRA Staff to opt-out of major benefits and potentially receive 50% of the savings in return.-9371 F. Consideration of "As-Needed" Contract with Douglas C. Hutchinson and accompanying Resolution 05-08.-9372 G. Consideration of HR Recruitment for a Planner.-9383 H. Consideration of Implementing a Mechanism for Employee Recognition and accompanying Resolution 05-09.-9387 I. Consideration of a Boynton Beach CRA Cellular Telephone Policy.-9396 J. Consideration of the Underwriter for Bond Issuance #2.-9399 9214 Any person who decides to appeal any decision of the eommunity Redevelopment Board with respect to any matter considered at thiS meeting Will need a record of the proceedmgs 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 eRA 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 eRA. Please contact Douglas Hutchinson at 561-73 7- 3256 at least twenty-four hours prior to the program or activity in order for the eRA to reasonably accommodate your request. Server T:\AGENDAS & MONTHLY REPORTS TO THE BOARD\AGENDAS\CRA Board Agenda 11-OS-05.doc X. Board Member Comments XI. Monthly Report to the Board -9405 XII. Legal XIII. Other Items XIV. Future Agenda Items A. Workshop Meetings to be held on the following dates: 1. Thursday, November 17th at 6:30 p.m. (TSD) · Consideration of the Results of the HR Study XV. Future Project Preview XVI. Adjournment 9215 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 eRA 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 eRA. 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. Server T:\AGENDAS & MONTHLY REPORTS TO THE BOARD\AGENDAS\CRA Board Agenda 11-OS-05.doc BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY QUASI-JUDICIAL PROCEDURES1 1. Ex parte disclosures by CRA Board Members. 2. The CRA Attorney outlines the hearing procedure, including a statement that any member of the Board may, at any time during the presentation of testimony, question any witnesses. 3. Attorneys or other individuals acting in a representative capacity make their appearances. 4. Request for identification of any intervenors.2 5. The CRA Attorney or City Clerk swears in all witnesses. 6. City staff members present a summary of the issues before the Board, testify as to their opinions and make recommendations for inclusion in "Conditions of Approval." (The CRA generally limits staff presentations to 15 minutes). 7. CRA staff members offer their comments and recommendations (The CRA generally limits CRA staff presentations to 15 minutes). 8. The Applicant presents its case, including acceptance or objection to proposed conditions of approval. (The CRA generally limits applicant presentations to 15 minutes). 9. Intervenors present their cases, examine previous witnesses. presentations to 15 minutes). offer their facts and OpiniOnS, and cross- (The CRA generally limits intervenors 10. Members of the public offer their facts and/or opinions. (The CRA generally limits public presentations to 3 minutes). 11. Intervenor rebuttal/final comments. (The CRA generally limits intervenor rebuttal presentations to 3 minutes). 12. Applicant rebuttal/final comments. (The CRA generally limits applicant rebuttal presentations to 5 minutes). 13. Staff rebuttal/final comments. (The CRA generally limits staff rebuttal presentations to 5 minutes). 14. CRA questions and deliberation / decisions. 9216 1 The gUidelines represent a generalized procedure for conducting quasl-judloal heanngs and are subject to mocMlca11On on a case-by-case basis The controlling principal is that all interested parties have the opportunity to offer testimony, evidence and conduct cross-examination of witnesses 2 An intervenor can be a person or a business. or even another government entity, who daims to have a direct and personal interest in the pending fTlatter and who wants to have the same legal rights and responsibilities to partlopate In the publiC hearing as the actual parties have. For example, an Intervenor may also question the witnesses presented by parties and other intervenors. and can call its own WItnesses, who will be sworn to tell the truth and will be subject to pOSSible cross-examination by the partIes and other intervenors. The deCISion whether to grant mtervenor status will be made by the Board Someone who does not quality to be an intervenor, or could qualify but Just does not want to be one, may be allowed to speak briefly on hiS or her own behalf, either to present facts or to state opmlOns, but cannot question Witnesses, present witnesses, and so forth It should be noted that being an intervenor In a matter under consideration by the Board does not guarantee that the intervenor can challenge or appeal the 11nal deciSIOn in a judiCial or administrative proceeding, Also, being an Intervenor here may not even be a prerequIsIte to filing a challenge or appeal of the final deCision depending upon what state laws or court rules require Nicole's Shares ZILegal\OuASI-JUDICIAL PROCEDURES 15 Min. Max 8_05 doc COMMUNITY REDEVELOPMENT AGENCY Schedule of Regular Meetings 2nd Tuesday of each month Commission Chambers Boynton Beach City Hall 6:30 P.M. PLANNING & ZONING AGENDA ITEMS November 8, 2005 Old Business A. Spotts Abandonment Abandonment I. PROJECT: Spotts Abandonment (ABAN 05-007) 805 North Federal Highway AGENT: Daniel Spotts OWNER: Miami Aqua-culture, Inc. LOCATION: 805 North Federal Highway DESCRIPTION: Request for abandonment of a portion of a 20-foot wide right-of-way west of North Federal Highway abutting the Florida East Coast Railway. New Business A. Estancia @ Boynton Beach Land Use Plan Amendment/Rezonine: I. PROJECT: Estancia @ Boynton Beach (LUAR 05-009) AGENT: Carlos Ballbe, Keith & Ballbe, Inc. OWNER: HHC Boynton, LLC LOCATION: 3010 South Federal Highway (East side of Federal Highway, approximately 300 feet south of the intersection of Federal Highway and Old Dixie Highway DESCRIPTION: Request to amend the Comprehensive Plan Future Land Use Map from High Density Residential (HDR) and Low Density Residential (LDR) to Special High Density Residential (SHDR); and Community Redevelopment Agency November 8, 2005 2 Estancia @ Boynton Beach (LUAR 05-009) cont'd. Request to rezone from Planned Unit Development (PUD) and R-I-AA Single Family Residential to Infill Planned Unit Development (IPUD). Proposed Use: Townhouse community containing 30 residential units New Site Plan 2. PROJECT: Estancia @ Boynton Beach (NWSP 05-026) AGENT: Carlos Ballbe, Keith & Ballbe, Inc. OWNER: HHC Boynton, LLC LOCATION: 3010 North Federal Highway DESCRIPTION: Request for new site plan approval to construct 30 townhouse units and related site improvements on 2.65-acres to be rezoned Infill Planned Unit Development (IPUD). (Staff recommends date certain postponement to preserve legal ads) B. Riviera Land Use Plan Amendment/Rezonine: 1. PROJECT: Riviera (LUAR 05-011) AGENT: James T. Barretta OWNER: Anand Patel LOCATION: 1330 South Federal Highway (Northeast comer of Federal Highway and Riviera Drive) DESCRIPTION: Request to amend the Comprehensive Plan Future Land Use Map from Office Commercial (OC) to Mixed Use (MX); and Request to rezone from C-l Office Professional to Mixed Use-Low Intensity (MU-L). Proposed Use: Mixed use project containing approximately 3,720 square feet of office use, 420 square feet of retail use and 8 townhouses Community Redevelopment Agency November 8, 2005 3 New Site Plan 2. PROJECT: Riviera (NWSP 05-027) AGENT; James T. Barretta OWNER: Anand Patel LOCATION: 1330 South Federal Highway (Northeast corner of Federal Highway and Riviera Drive) DESCRIPTION: Request for new site plan approval to construct a mixed-use project consisting of approximately 3,720 square feet of office, 420 square feet of retail, eight (8) townhouse units, and selected site improvements on a 0.5-acre parcel in the Mixed Use-Low Intensity (MU-L) zoning district. (Staff recommends date certain postponement to preserve legal ads) c. Gulfstream Gardens Phase II Annexation 1. PROJECT: Gulfstream Gardens Phase II (ANEX 05-004) AGENT; Bradley Miller, Miller Land Planning Consultants, Inc. OWNER: P. B. Chinese Christian Chapel, Inc., Parbbubbal K. Patel, and Howard Britt LOCATION: One-quarter mile north of Gulfstream Boulevard, between Federal Highway and Old Dixie Highway DESCRIPTION: Request to annex a 3.166 acre portion of the subj ect property. Land Use Plan AmendmentlRezoniDl! 2. PROJECT: Gulfstream Gardens Phase II (LUAR 05-012) AGENT; Bradley Miller, Miller Land Planning Consultants, Inc. OWNER: P. B. Chinese Christian Chapel, Inc., Parbbubbal K. Patel, and Howard Britt LOCATION: One-quarter mile north of Gulfstream Boulevard, between Federal Highway and Old Dixie Highway \ . Community Redevelopment Agency November 8, 2005 4 Gulfstream Gardens Phase II (LUAR 05-012) cont'd. DESCRIPTION: Request to amend the Comprehensive Plan Future Land Use Map from General Commercial (GC), Local Retail Commercial (LRC) and Commercial High Intensity (CH) (Palm Beach County) to Special High Density Residential (SHDR); and Request to rezone from C- 3 Community Commercial and (CG) Commercial General (Palm Beach County) to Planned Unit Development (PUD). Proposed Use: Phase II of a multi-family residential development. New Site Plan 3. PROJECT: Gulfstream Gardens Phase II (NWSP 05-028) AGENT; Bradley Miller, Miller Land Planning Consultants, Inc. OWNER: P. B. Chinese Christian Chapel, Inc., Parbbubbal K. Patel, and Howard Britt LOCATION: One-quarter mile north of Gulfstream Boulevard, between Federal Highway and Old Dixie Highway DESCRIPTION: Request for new site plan approval to construct 108 townhouse units on a 5.47-acre parcel in the Planned Unit Development (PUD) zoning district. S:\Planning\SHARED\WP\AGENDAS\CRAB\CRA P&Z Agenda items Il-B-05.doc 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 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. MINUTES OF THE COMMUNITY REDEVELOPMENT AGENCY WORKSHOP MEETING HELD IN COMMISSION CHAMBERS, BOYNTON BEACH, FLORIDA ON THURSDAY, SEPTEMBER 22, 2005 AT 6:30 P.M. Present: Jeanne Heavilin, Chairperson James Barretta Alexander DeMarco Don Fenton Steve Myott Doug Hutchinson, Executive Director Ken Spillias, Board Attorney Vivian Brooks, CRA Planning Director Absent: Henderson Tillman, Vice Chair Marie Horenburger I. Call to Order Chairperson Heavilin called the workshop to order at 6:32 p.m. II. Roll Call The Recording Secretary called the roll and declared a quorum was present. III. Approval of the Agenda There were no changes to the agenda. IV. New Business A. Consideration of the 20/30 Plan Chairperson Heavilin announced the purpose of the workshop was to allow staff the opportunity to present the first draft of the 20/30 Plan and the Design Guidelines Ordinance. Chairperson Heavilin requested that staff be allowed to make the presentation before asking questions. Ms. Vivian Brooks, CRA Planning Director, presented the two documents and reviewed them individually, along with a PowerPoint presentation, copies of which are on file in the City Clerk's Office. The first document presented was the new CRA Plan called Vision 20/30. The City planning staff will address the Board regarding some land use changes being considered to implement the plans. 9217 Meeting Minutes Community Redevelopment Agency Workshop Boynton Beach, Florida September 22, 2005 The purpose of a CRA is to guide the social, economic and the physical form of a CRA. The Boynton Beach CRA is comprised of the Federal Highway Corridor, the Boynton Beach Corridor and the Heart of Boynton (HOB). The plan is founded on eight principles to establish an identity for the CRA and the City. This will be accomplished through gateway treatment, signage and the preservation of the marine tradition, which has been a part of Boynton Beach for many years. The plan also includes the potential for taking the Two Georges Marina. The plan will be predicated upon a condensed urban design that usually means mixed-use development and greater density to encourage pedestrian use and less dependence upon automobiles. The intent is to encourage more activity centers to add to the economic base of the CRA through infill residential development. Ms. Brooks noted there are many land uses that are no longer economically feasible. They also intend to capitalize on Town Square that is a great asset to the CRA and the City. Next discussed was the road system that includes several major roadways. Staff will be doing streetscaping along those roadways to improve people's impression of the City. Most of Federal Highway is completed, but the other major streets still need to be addressed. Boynton Beach Boulevard will be upgraded in conjunction with FDOT in 2006. Seacrest and MLK Boulevards should be done in 2006/2007. Also, the private sector is being encouraged to enhance the public areas along those roadways and will be asked to add 4' to the sidewalks along Boynton Beach Boulevard, MLK and Seacrest to create true urban sidewalks. Also, landscaping will be introduced. The private sector will be encouraged to put the overhead utilities underground to eliminate visual blight. The CRA wants to encourage preservation of the mangroves east of the Central Business District (CBD). Ms. Brooks noted the Promenade is a CRA project and its intent is to provide access to the waterfront for the public. The existing parks located within its boundaries would be enhanced. Other issues that need to be addressed are safety and mobility. These two items are critical when redeveloping a dense urban area. To address this, the CRA has its own neighborhood police officers and trolleys have been introduced. The CRA intends to create economic opportunity for the residents by encouraging workforce housing, small business development, Wi-Fi and self-assemblage. In addition, the CRA is trying to increase workforce housing and support heritage, culture and the arts. Consideration is being given to introduce a museum to the downtown area, plus events and festivals. The CRA intends to move forward with the renovation and preservation of the Old High School and to support public art. 9218 2 Meeting Minutes Community Redevelopment Agency Workshop Boynton Beach, Florida September 22,2005 The 20/30 plan is a guideline of how the money and staff time would be allocated over the next five years. Staff is seeking the Board's input, as well as the public. The floor was opened to questions. Mr. Barretta questioned why installation of the sidewalks, burying the lines and landscaping requirements was not a mandate instead of just an encouragement. He felt this needed to be expressed more strongly. Whenever the CRA encouraged something, it normally fell by the wayside. Ms. Brooks was informed by Kimley-Horn they could ask the developers to do the sidewalks and additional public space. However, with regard to burying the overhead utilities, this may be difficult because of location of the lines. Kimley-Horn did not think this issue could be mandated. Mr. Barretta inquired if it was staff's intent to proceed this way and Ms. Brooks responded it was. Mr. Hutchinson noted Legal would have to look at this so they could proceed properly. Mr. Barretta just received the packet today and has not had an opportunity to review it. Ms. Brooks explained the packet was delivered to Mr. Barretta's office when the Board packets for the meeting were delivered. Mr. Barretta noted he received his Board packet when he was in Denver and it did not include the plan. Under these circumstances, he felt it would be difficult for the Board to provide comments. Mr. Hutchinson pointed out there would be additional workshops and Board members could provide comments before the next workshop. Comments could be incorporated into the plan. Mr. Hutchinson pointed out that staff has been working on the plan for a long time and have encountered some problems with the consultant, but the process needs to start now. Mr. Hutchinson announced there would be several more workshops where input, comment and recommendations would be considered and this is not a final document. It would be brought back to the Board prior to finalization of the plan. Mr. Barretta asked Ms. Brooks if she received his markup of the Urban Design Guidelines, since none of his recommendations were incorporated into the document. Ms. Brooks had received Mr. Barretta's version of the document, but staff has encountered problems with the consultant to get comments included into the document. Mr. Hutchinson added there are four sets of comments that were submitted to the consultant that were ignored. Ms. Brooks noted staff does not have the proper software to manipulate the document so suggestions and changes could be incorporated into the plan. The only recourse available to staff was to provide the recommended changes to the consultant, who returned the document with approximately one-half of the changes submitted. The consultant attributed this to a glitch in the software, but Ms. Brooks felt it was shoddy work on the part of the consultant. Chairperson Heavilin inquired why the CRA could not ask the consultant to format the document so it would be compatible with the CRA software. Ms. Brooks noted the CRA did not have the proper graphics software for the plan. Staff is considering purchasing 9219 3 Meeting Minutes Community Redevelopment Agency Workshop Boynton Beach, Florida September 22, 2005 the appropriate software so it could be done in-house. Ms. Brooks did not think the consultant would turn over the document to staff because they are still in the contract phase and there are monies still outstanding. She did not think the consultant would turn over the document to the CRA until the contract terms were satisfied. Mr. Barretta was opposed to paying the consultant for doing a poor job. Ms. Brooks is working diligently with the consulting firm to get a final document. For the time being, she would like to receive comments from the members on content and asked if this is the direction they want staff to go. Mr. Fenton inquired about the comment on page 6 that stated, "continued funding of additional neighborhood police officers." He felt there was not enough accountability from the CRA police. He heard comments at a previous workshop that the residents in the HOB did not know there were CRA police officers in that district all the time. Also, he asked about accountability for the downtown area as well. He was opposed to continue funding CRA police unless there was accountability. Chairperson Heavilin agreed about the accountability issue, but noted the plan was a vision and not necessarily an operational document. Mr. Fenton questioned the comment that Town Square was an asset. Again, Chairperson Heavilin pointed out the document was a vision. Mr. Hutchinson noted that over $6 million is being invested in a new Library and over $8 million has been invested in the Children's Schoolhouse Museum. Mr. Hutchinson pointed out a big investment has already been made in Town Square and the CRA's direction is to keep this going. Mr. Fenton asked about the transportation plan mentioned on page 11. Mr. Hutchinson responded this referred to the Traffic Concurrency Exemption Area that was a study paid for by the CRA and the document was filed with DCA. Ms. Brooks said this is a guide for future planning and at some time in the future, the City would have a transportation hub. Mr. Hutchinson pointed out it would be located along the FEC track site on 4th Street and an additional parking garage would be introduced. The Board authorized a $3 million note to purchase the property on 4th Street for this purpose. This has been included as part of the Comprehensive Plan for quite some time. Ms. Brooks noted this does not mean the CRA is funding it, but the CRA is aware of it and supports this vision, whether it is carried out by the private sector or other sources. Mr. Fenton asked what the cost per slip would be to purchase the Two George's Marina. Mr. Hutchinson responded two appraisals were done for the two separate owners. The first appraisal came in at $3.6 million and another appraisal was closer to $5 million. The other piece of property was appraised at $500,000 to $750,000. Mr. Fenton inquired how many slips were involved. Mr. Hutchinson responded there were 28 slips for the first piece of property. The $500,000 to $750,000 was for one slip only. The reason behind purchasing this is to ensure that this remains an active marina, rather than have it become a yacht basin. 9220 4 Meeting Minutes Community Redevelopment Agency Workshop Boynton Beach, Florida September 22, 2005 Mr. Fenton inquired who would be operating the marina. Mr. Hutchinson explained a property improvement district would manage it. Several options will be brought to the Board when it is time to address those issues. The marina would be operated for the public benefit of small businesses. Mr. Myott inquired if it was the same consultant that was working on both documents and Ms. Brooks responded that it was. Mr. Myott recommended that the CRA purchase the necessary software to allow staff to do the required changes. Mr. Myott asked when the Board would officially adopt both documents and when it would be going before the Commission. Mr. Hutchinson reported City staff had some issues that must be addressed. He anticipated the plans would be ready to go to the City Commission by the first of the year, as well as the anticipated changes to the LDR. Some joint workshops have been scheduled and he felt the plans could be finalized by early December. Affordable housing will also be discussed at the workshops. Mr. Hutchinson felt by next summer, they would have projects that could go for permitting. Mr. Myott inquired if copies were available at the CRA office for the public to view. Mr. Hutchinson said they were available at the office. Staff has also requested the documents on CD's and digitally, but Mr. Hutchinson did not want to do this until the documents were finalized. Chairperson Heavilin requested that Board members provide Ms. Brooks with any corrections they have noticed in the documents. Ms. Brooks requested the corrections be done on the hard copy members were furnished in order for her to track the changes. Ms. Brooks pointed out that most the outstanding items were clerical in nature and there were no major changes Mr. DeMarco inquired how much money the consultants were paid to date. He felt it was important to know if the CRA was getting what it paid for. Mr. DeMarco was opposed to paying any more money if the CRA staff had to finish the job. Mr. Hutchinson will provide this information to Mr. DeMarco. Mr. Hutchinson explained that staff has to work with the consultant in order to get the plans done in a timely manner, because he wanted to avoid having any legal ramifications. The most important thing is to get the documents in hand so they could move forward. If staff is unsuccessful, it will be brought to the Board's attention. Mr. Myott inquired by what date comments could be submitted to staff. Mr. Hutchinson requested all comments be submitted by Friday of next week, i.e. September 30th. Staff also anticipated receiving comments from the public. Mr. Hutchinson welcomed the public to come to the eRA office to discuss the documents. Mr. Barretta asked about the termination clause in the consultant's contract regarding ownership of the documents. Mr. Hutchinson said staff would have to research this and will be discussing this with Legal Counsel. 9221 5 Meeting Minutes Community Redevelopment Agency Workshop Boynton Beach, Florida September 22, 2005 Chairperson Heavilin opened the public audience for the 20/30 Plan only. Herb Suss, resident of Quail Run, inquired when the public could see the changes made to the document. Mr. Hutchinson responded they would be available at the CRA office. Mr. Suss felt that the documents were very informative and congratulated the CRA staff on a job well done. Mr. Suss noted two Board members were missing and questioned how they would get their comments in if they did not attend this workshop. He felt all members should be present when issues like this are discussed. He noted Mayor Taylor was present, but thought other City Commissioners should be present to attend these presentations. Tim McTigue owns a construction company in Boynton Beach and asked what changes the CRA had planned for the NE 4th Avenue area and when those changes could occur. Mr. Hutchinson noted a map would be presented later in the meeting. It is anticipated that some of the changes to this area will soften the area and he would answer any questions Mr. McTigue might have after the map is presented. Mr. McTigue inquired when the next workshop was scheduled. Mr. Hutchinson responded the next workshop would be a joint workshop with the City Commission. A final date has not yet been selected, but it should either be October 24th or 25th. There may be more workshops scheduled. B. Consideration of the Design Guidelines Ordinance Ms. Brooks pointed out many of the graphics in the document are inappropriate. She spoke to the consultant and requested a generic drawing be used for simplicity. The purpose of the Design Guidelines is to create a vibrant, mixed-used urban environment that would result in an aesthetically pleasing environment and create visual and physical connectivity between the various districts and the CRA. Also the intent is to create inviting public spaces, unique urban character, unique architectural design, safe and aesthetically pleasing streets and parking areas, and long-term economic vitality. The intent is to provide this document to developers so they are aware of the CRA and City desires. The proposed zoning map was displayed that will be reviewed by the City's Planning staff. The map is the result of various planning documents that make up the 20/30 Plan and this document. She pointed out the plans have not been adopted and are being presented for discussion purposes. What staff is bringing forward are recommendations from the various plans that have already been adopted and include comments from the last joint workshop. Ms. Brooks noted the Planning staff would be discussing the map. 9222 6 Meeting Minutes Community Redevelopment Agency Workshop Boynton Beach, Florida September 22,2005 Staff is proposing the following: ,. Mixed use zoning that is currently mixed-use low and mixed-use high, with nothing in between. Two additional categories will be added to bring more consistency to the development within the CRA. The new zoning categories are mixed-use low 1, which will be the lowest intensity, going to mixed use high. There will be a transition between the low to the high. Mr. Hutchinson noted currently mixed use high is 150' with 80 units per acre and mixed use low is 75,' with 40 units per acre. Two new mixed use impact areas will be added (1) low at 45', 20 units per acre, and (2) 65', 30 units per acre. This is in response to protect some of the edges and transitions going in and out of neighborhoods. This is fine-tuning for the corridors to provide a less severe edge from the high-density cores. Mixed-use low 1 will go down to 45' from 75' and will be more compatible with single family residential. Chairperson Heavilin pointed out that the table Ms. Brooks is discussing is contained on Page 24 of the 20/30 document. Ms. Brooks explained the area between the canal to the north to the intersection of Woolbright and Federal would be mixed use. Mixed use allows for two distinct uses within the same property. Buildings would come up to the front of the street. Parking would be in the rear and access would be through the side or rear from the street. There would be no front curb cuts, which cuts down on the amount of vehicles going in and out of properties onto Federal. There will be more public plazas at the corners and more public and pedestrian space. The intent is to eliminate barriers between properties that exist in suburban zoning. Staff is trying to create an environment to lessen road trips. Ms. Brooks presented a PowerPoint presentation of the Urban Design Guidelines, a copy of which is on file in the City Clerk's Office. An example of mixed-use low was illustrated that would have storefronts on the bottom and residential and offices on top. This is what staff is looking for on MLK Boulevard, which is a neighborhood friendly type zoning. Mixed-use low 2 would be located along Federal Highway and would be higher. Mixed- use low 3 would be located on Boynton Beach Boulevard, east of Seacrest and at the Woolbright intersection. A mixed-use low project has recently been approved at the Gulfstream Lumber site. It would be higher in intensity and have more units. Mixed-use high would be in the CBD that is a small area where high intensity zoning would be permitted. The intent is to create interaction between the pedestrian and the retailers to create a strong business district. Examples of mixed-used high were presented. Developers are afforded architectural freedom, but staff requires quality. Infill PUD would be employed primarily on the north and south end of the Federal Highway Corridor and would typically be townhouse developments. Staff is asking 9223 7 Meeting Minutes Community Redevelopment Agency Workshop Boynton Beach, Florida September 22, 2005 developers not to construct walls along Federal Highway. The frontage along Federal Highway would have doors opening up to the sidewalk and public space would be enhanced. Most developers are complying with this request because staff is trying to avoid Federal Highway from becoming a walled corridor. If someone wants to construct a fence for security, they have been requested to construct an iron fence. This will make Federal Highway a nicer road to drive down as well as walk down. Ms. Brooks pointed out the IPUD projects have been the most popular projects coming into the City and there are several of those projects in the works now. The intent is to create community, not development. Multi-family R-3 zoning is higher density for apartments, townhouses and walkups. Staff continues to try to create the interaction between the street and the housing to create a neighborhood feel. Examples of the various zoning categories were displayed and discussed. Mr. Myott inquired where the IPUD zoning appeared in the document. Ms. Brooks referred Mr. Myott to the back of the document and pointed out the graphics were not inserted. Mr. Myott noted it was not included in the table of contents, which Ms. Brooks confirmed. She felt the consultant had not updated the table of contents. Ms. Brooks pointed out that the mixed-use high projects would not be built to single- family neighborhoods, but if they did, the edges would have to be softened. Some of the design criteria addressed in the document is elimination of blank walls. If a project does not have 20' x 10' windows, it must have design elements to avoid a "wareMuse" .Ieek Next discussed was fenestration. Staff is requiring a great deal of glass on the first floor and as the building goes up, there would be less glass. Again, this is to encourage pedestrian life along the streets so people feel comfortable walking along the streets. Also, breaks must be inserted along the fac;ade to avoid a long block of concrete; roofline breaks are required to produce interesting architecture. Massing of the buildings would require a break in the front and sides to avoid a straight up and down building. The guidelines will inform developers how these requirements would be achieved. Ms. Brooks noted the City felt that compatibility was very important with existing residential and businesses, and they have tried to include this in the guidelines. Staff is asking developers to provide a fac;ade that would make their project an interesting place to be and four design elements are required that Ms. Brooks enumerated. Staff does not want to have windows and doors flat to the surface of the building that would be unattractive and industrial looking. Therefore, the requirements are for glass and doors to be setback from the building. The buildings are required to have horizontal and vertical scaling elements for visual appeal. Another item staff is stressing is urban open space by incorporating interior and exterior plazas that would include fountains, art, seating areas, landscaping and special unique 9224 8 Meeting Minutes Community Redevelopment Agency Workshop Boynton Beach, Florida September 22, 2005 areas that make the space inviting. Staff is asking developers to add additional area to the public streetscape. Mr. Hutchinson pointed out these new documents are more graphics driven and integrate examples of what they want to see. He noted the documents still needed further fine tuning to illustrate what staff is looking for. Mr. Barretta pointed out the mixed-use high area required a sidewalk with a minimum of 10', although the photograph in the document has 2' of landscaping, cutting down the walking area to 8'. He inquired if this was acceptable to meet the intent of the mixed-use high code. Mr. Rumpf responded that it was. Mr. Barretta interpreted this to mean that it did not have to be 10' paved for the entire length. '1',\, ,I ' "j ~^...,' . Mr. Myott noted there was a reference to an Urban Landscape Code and asked if one has been drafted. Mr. Rumpf explained it would be represented by codification of the mixed-use low zoning districts. The Urban Landscape Code would be comprised of two components. The districts would be codified that would define mixed-use low 3 and the Urban Design Guidelines would accent or augment the Land Development Regulations by the design standards. Mr. Myott interpreted this to mean that the urban Design Guidelines set out the examples and intent of the code itself. Mr. Rumpf said this was an accurate statement and some guidelines would be quantifiable, while others are more subjective and versatile. Chairperson Heavilin inquired if some of the guidelines in the document would not be mandated. Mr. Rumpf responded this was not the case. Some of the guidelines would be stated in the design guidelines and some would be in the Land Development Regulations and projects should be held to the design guidelines, but~~larr is"'-flexible. The Land Development Regulations would reference the design guidelines. ,';,. ( ""f' > l Mr. Barretta pointed out it was the Board's responsibility to make sure the design guidelines are adhered to. Chairperson Heavilin commended staff for the amount of work it has done to come up with these documents. When the CRA started meeting over four years, one of the priorities was to come up with design guidelines. She pointed out it has actually taken all this time to come up with the document and she was gratified it has finally come to fruition. Mr. Hutchinson explained the intent of these documents is to have everything in one place that would match up with the districts on the maps that will be discussed later. Mr. Myott recommended dating the documents so people would know what document they were looking at. Mr. Hutchinson said this would be on the cover with the date it was approved. Chairperson Heavilin inquired if signage would be discussed and referred to examples of sign age on page 169. Ms. Brooks noted these were recommendations from the 9225 9 Meeting Minutes Community Redevelopment Agency Workshop Boynton Beach, Florida September 22, 2005 consultant. Since she was not current on the City's zoning codes for signage, she would have to speak with the City's Planning staff in order to provide accurate information to people. She will be following through on this. Chairperson Heavilin was opposed to freestanding and pole mounted signs. She would like to have only the signage that has been permitted for mixed-use. Ms. Brooks pointed out that it would depend upon the building where a sign would be located. Some signs cannot be placed on the building. Many communities have eliminated large pole signs or large signs on the building, but monument signs are permitted. Ms. Brooks pointed out that a developer is not required to do a mixed-use building in C-zoning areas and some buildings could simply have commercial use. Under those circumstances, an attractive hanging sign intended for a boutique would not be appropriate. She felt it was important to have flexibility within the zoning code for signs. Mr. Hutchinson pointed out signage would be submitted when a site plan goes before the Board. Chairperson Heavilin opened the meeting to the public. Steve Homrich, a resident of INCA said the plan looked good and acknowledged a lot of work went into it. INCA would like to see three more guidelines added. One would be an overnight parking guideline to prevent overnight parking. Currently there are some tractor-trailer trucks parking along Federal Highway, south of Gateway. In addition, there is a business on Federal Highway that has interpreted the 48-hour parking restriction to 48 months. He would like to see this enforced and recommended Mr. Blasie, the Code Compliance Administrator, be contacted to address this. Eliminating illegal parking would help beautify the area. INCA would also like to have bus stop guidelines. The bus stops along Federal Highway are unsightly and constantly have trash strewn about. The bus stops in Lantana are attractive and he would like to see this incorporated along Federal Highway. The County has a matching grant for bus stops if there were no advertisement placed on them. Lastly, Mr. Homrich noted that even though Ms. Brooks indicated that the beautification of Federal Highway is almost complete, there are maintenance issues in some areas that need to be cleaned up. He recommended having a special maintenance crew for this purpose. Kevin Ballard asked if any decisions have been made in the Heart of Boynton (HOB) for the 20/30 Plan and what the CRA would like to see in the HOB. Mr. Hutchinson explained the intent of the HOB Plan is carried through into the Design Guidelines document and the design guidelines for Cherry Hill and MLK will remain with what came out of the public process on this Plan. There are some new mixed-use districts that will be pointed out later in the meeting. Mr. Hutchinson recalled speaking with Mr. Ballard regarding the projects he wanted to introduce in the HOB. Mr. Hutchinson said Mr. Ballard's projects would fit in with the guidelines. The CRA will be 9226 10 Meeting Minutes Community Redevelopment Agency Workshop Boynton Beach, Florida September 22, 2005 corridor linkages for the neighborhoods to come into a more cohesive downtown and affordable access issues. Also, staff is working with the CDC's to find out what real affordability actually is. Staff is taking the $285,000, which is the County's affordable housing figure, and bringing this down to realistic amounts. There will be programs available for people to purchase homes. The document presented currently does not address this and when it is solidified, it will be added to the document. Developers need to be informed that affordability is part of their responsibility and they need to keep this in mind when designing a project. Mr. Fenton felt that mandating the private sector to do certain things only drives up the cost of a project and would drive developers out of the City. Mr. Hutchinson said staff is aware of this and is developing programs to address this. Ms. Brooks pointed out that research on inclusionary zoning does not support Mr. Fenton's comments and does not scare developers away. Actually, areas that have inclusionary zoning development have continued to move strongly because there is a great demand for housing. She pointed out Florida's growth and felt they were in a good position marketwise to implement these requirements. Mr. Hutchinson explained the programs are based upon economic modeling and the reason for direct incentives is to address the gap. It is important to have a balanced approach and staff is working with developers to accomplish this. Staff is very conscious of developers' needs. Harry Woodworth, 685 NE 15th Place, Boynton Beach said he just received the document at 4:00 p.m. and felt INCA would have some comments after they had an opportunity to review it thoroughly. He anticipated they would be providing some written input by the end of next week. Whenever height is mentioned in a document, Mr. Woodward would like the actual height to be stated, so people will know what those numbers really are. He referred to the document that showed a picture of mixed-use low at 75', but the picture showed a three-story building. Mr. Hutchinson explained that the three stories are required for a 75' building to provide a 45' step back. Mr. Woodworth felt the pictures in the document were misleading. With regard to affordable housing, Mr. Woodworth did not think people in those communities could actually afford to purchase affordable housing and inquired what percentage of the people that live there now will still be there when the community is redeveloped. Bob Brown, Seacrest Boulevard, Boynton Beach, mentioned in the Design Guidelines, single-family residential height was 30' and under the guidelines for mixed- use low, the height is 35'. He then noticed that the heights went to 45' to 65', 75' and 150' in the core. Mr. Brown did not see much difference between a 35' house and 45' 9228 12 Meeting Minutes Community Redevelopment Agency Workshop Boynton Beach, Florida September 22, 2005 sticking with the neighborhood intent for the HOB that has been in the planning documents for years for those corridors. Mr. Ballard said at a previous meeting, a tremendous project was being presented for the corner of MLK area and he questioned if his type of project would fit in with the project that had been presented. Mr. Hutchinson said that staff's recommendations have been sent to the Board and the City Commission for direction. Mr. Ballard inquired when the direction on how they want the CRA to proceed would be known because he would like to move forward with his plans, but wanted assurances they would be acceptable. Chairperson Heavilin informed Mr. Ballard that no changes to the HOB Plan have been made. There may be some minor changes, but she anticipated proceeding as outlined in the Plan, unless a community steps up and requests some changes. Mr. Ballard inquired if the density for the MLK corridor has been increased. Mr. Hutchinson responded staff's recommendation followed the anticipated densities when the Vision 20/20 Plan was adopted. This will also be discussed later in the meeting. Herb Suss asked if there would be sitting areas along the new sidewalks. When he visited Toronto, Canada, that City had triple-bin trash receptacles and he thought this should be incorporated in Boynton Beach. Even though Toronto was a large City, the streets were very clean. Mr. Hutchinson said there are funds in the CRA budget this year to do a pilot program in cooperation with the City to purchase $4,000 worth of trash receptacles that have an easy collection style that will be placed in certain corridors. Mr. Hutchinson noted there was a dearth of trash receptacles throughout the City, thus necessitating improvement in this area. Brian Edwards, 629 NE 9th Avenue, Boynton Beach, commended staff for a job well done. Mr. Edwards did not see the affordable housing issue addressed in the documents and pointed out that $36,000 annual income is considered poverty and 40% of the County makes this amount or less. He would like to see affordable housing defined in the documents, as well as defining exactly where people that fall into this category are supposed to live and what is the CRA going to do to help. Mr. Hutchinson pointed out that staff had discussed this. The City and CRA are looking at four majors avenues for affordable housing that will be addressed at their next joint workshop. The CRA Direct Incentive Program will provide that projects would be mandated to do affordable housing for residential and small business owners. Staff has drafted ordinances dealing with these issues to keep these units affordable for generations. Mr. Hutchinson reported the Board has requested staff to bring to the Board a proposed bond issue for consideration between $9 and $10 million that would be used for major 9227 11 Meeting Minutes Community Redevelopment Agency Workshop Boynton Beach, Florida September 22, 2005 mixed-use. He also did not see much difference between 45' and 65'. On all the documents in the Urban Design Guidelines, regardless of the classification, the maps showed frontage streets and secondary streets. Mr. Brown asked if any streets running off MLK, Seacrest, Boynton Beach Boulevard and Federal Highway would be considered frontage streets. Mr. Hutchinson responded none are considered frontage streets. Mr. Brown felt the map was misleading because it looked like all those streets would be included, when in fact the only place these guidelines would apply, are directly adjacent and contiguous to the major arterials. Mr. Hutchinson confirmed this was true. Mr. Brown felt the CRA was building a wall around the perimeter with some doctoring of the structures that would border the streets. Mr. Hutchinson said this is not the case. There are assembly rules in place that allow projects to go blocks at a time, such as downtown, with the intent to protect the neighborhoods. The neighborhoods have requested mixed use and it has to start with the main highways to take the impact. The assembly rules on ratios would apply to make sure there are no strange patterns or lots put together in those neighborhoods. He pointed out a project must have enough property to apply the massing and mixed uses. If a project does not have enough property, they will be asked to scale the project back. Mr. Brown wished to publicly state that INCA does not speak for him and regardless of how many people in that community vote that community does not speak for all the other people that live in that district. Mr. Brown pointed out that changing the zoning hurt him and he saw no advantage to lower the density and have it only border Federal Highway when the prime border of the City is the land that is adjacent to the Intracoastal. He questioned why District 2 was exempted from the zoning and felt it was the result of some changes enacted by the CRA in the past. Mr. Hutchinson asked Mr. Brown what he referred to as District 2. Mr. Brown considered District 2's north border to be from the Boynton Canal to St. Mark's Church. Mr. Brown felt that the CRA intentionally excluded District 2 from the zoning changes for the future as the result of INCA's influence upon the City. Mr. Brown further opined that when the Arches went up, he would be able to see it from his home on S. Seacrest. Mr. Brown also noted that many of the rental properties in the City have converted to condos. Because of this, he questioned how many people would be living in the City five years down the road after the City gets built out. He felt it was unfair to limit the height to certain areas in the CRA and he would like District 2 to be allowed to develop along the Intracoastal. Mr. Brown noted in Dade and Broward Counties, finger canals and direct waterfront access has produced larger and taller developments, resulting in significantly higher property bases. Excluding the Intracoastal Waterway and confining new development to Federal Highway would hurt the City in the long run. Mr. Hutchinson responded that Mr. Brown was correct in his comments regarding development along the Intracoastal Waterway. 9229 13 Meeting Minutes Community Redevelopment Agency Workshop Boynton Beach, Florida September 22, 2005 Mr. Hutchinson also pointed out that the CRA's direction was not done for one group. They received input from a great number of people and it was a policy decision that the Board needs to take another look at. The map that will be displayed takes a lot of density out of the City. Mr. Hutchinson felt staff was trying to make a point of when enough is enough and when does the City begin to value its neighborhoods. Mr. Hutchinson felt they were now at the point where the Boards and the City Commission have to make these policies. Mr. Hutchinson wanted it clear that staff's recommendation in all the CRA area takes out a tremendous amount of future potential tax base, but with the current plan, the tax base will be over $1 billion. Mr. Barretta agreed with Mr. Brown and the policy decisions that this Board and the City Commission make should be made on sound planning principles and to achieve the economic base they were trying to accomplish with the redevelopment plan and not on political pressure. Mr. Barretta felt staff's recommended plan is very political and is a disappointment to Mr. Barretta. Harry Woodworth, 685 NE 15th Place, Boynton Beach said the City has a representative form of government and this Board reports to the Commission that was elected by the people to represent them. The element of the constitution and how the government is run should not be overlooked. Steve Homrich, a member of INCA, explained that INCA sent out a monthly newsletter to its members and on the cover of one newsletter was an article he wrote discussing the zoning issue and the possibility it might be changed. The committee discussed the pros and cons of the zoning and at their next monthly meeting they would discuss the position INCA would be taking. Flyers are available to every resident in this area and as a result, Mr. Brown attended one of their meetings. He noted there are neighborhoods in this area that have sat in limbo for years speculating and hoping that hi-rises would be built. He acknowledged that there are hi-rises in many cities along the Intracoastal, but they put a lot of thought and effort into INCA's support for the proposed zoning. Buck Buchanan, 807 Ocean Inlet Drive, stated that preservation of residential areas and homesteads is not bad, but is consistent with Florida law and the philosophy of the government and the Supreme Court of Florida. Where is the mandate to mow down residential areas to put up as many condos as possible? Local government is supposed to protect to property and way of life of the citizens. Mr. Barretta responded he was not opposed to preserving neighborhoods. However, the CRA is charged with revitalizing the downtown and in order to do this a certain number of residential units are needed to bring the downtown alive. This plan cuts out far too many residential units without replacing them in other locations. If they do not belong in the INCA neighborhood, Mr. Barretta felt they belonged someplace in the downtown area; otherwise the City would not realize the economic base to have a revitalized downtown. 9230 14 Meeting Minutes Community Redevelopment Agency Workshop Boynton Beach, Florida September 22, 2005 Brian Edwards, 629 NE 9th Avenue pointed out they have been dealing with this issue for over five years. He thought that it had been resolved, but now it appears it is not over yet. Mr. Edwards pointed out it was a majority that wanted the proposed zoning and asked the CRA and the City Commission to do something for this neighborhood. He felt that the INCA neighborhood would complement what is going into the CRA. ( ,./" ,l -': ,-",,' .f2. Mr. Barretta pointed out that his remarks were not aimed at INCA, but the Board would be looking at some category 1 zoning that should be moved up to category 2 zoning. He pointed out there are other areas in the City that could make up the density that the current proposal loses. .( , //'. i.'C')~/ Mr. Hutchinson responded that staff has looked at density and have worked with Mr. Barretta. The Board needs to look at the massing to see if it makes sense in those corridors and its relationship to the neighborhoods. -1 ;, '~, i i i . Mr. Barretta asked if City staff did a density or unit count for this proposal versus the current zoning. Mr. Rumpf responded that the net change has not been reviewed. Mr. Barretta felt this should be done and requested that staff do an analysis. Mr. Hutchinson said he would wrk. wi~h City ~tEif.font8i~.( t, . David Zimet, Boynton Beach Faith Based CDC, 2191 N. Seacrest, thought one of the major objectives of a CRA was to remove urban blight, revitalize urban space and preserve communities. He was opposed to eliminating any communities and was opposed to urban renewal that was a disguise for urban removal. Recess was declared at 8:30 p.m. The meeting resumed at 8:40 p.m. Mike Rumpf, Planning and Zoning Director, presented some background on the redevelopment planning process and what it has meant to the City and the residents. He pointed out that the CRA and the City are dealing with three redevelopment plans - Heart of Boynton (HOB), U.S. 1 Corridor Redevelopments Plan and the Ocean District Plan. He estimated that over one year's work went into a majority of the work in each of the projects. After the last workshop, some people were critical of the redevelopment plan and the densities involved, plus the magnitude of the project presented at that workshop was too intense to absorb. Mr. Rumpf discussed that planning efforts were done by several entities besides the Boards and staff. The HOB Plan was done by an outside agency that is not present tonight. It was a lengthy document that addressed zoning, existing conditions, neighborhoods, individual neighborhood units in HOB, plus design, streetscapes, density, etc. Staff is sensitive to changes and a lot has been said regarding planning exercises, credibility, and quality. A document could be considered a success if it represents the people's voice and what is important. Mr. Rumpf felt the documents presented tonight represent the public and need to continue representing that. 9231 15 Meeting Minutes Community Redevelopment Agency Workshop Boynton Beach, Florida September 22, 2005 With regard to public versus private implementation of the plans, this will be reviewed and the changes will be listed. The documents being changed will be identified and the time period necessary to implement the change. Mr. Rumpf pointed out that City staff would implement these plans as directed and in an impartial manner. The remainder must be done by the private sector or joint ventures to implement the plans, The next step would be to put those zoning districts and land uses on the ground, which is not going to be done now. Discussion tonight only involves recommendations. If land were rezoned, due process is involved. This would include newspaper advertisements and public hearings before the Board and the City Commission. At these hearings, the public can speak and have a voice. The Commission and the Boards always listens to the people and takes what is said into account when making decisions. Therefore, nothing will happen without public involvement and due process. Dick Hudson, Senior Planner posted a larger version of the map that was displayed at the previous workshop on August 18th. At that workshop, Mr. Greene, Development Director summarized some changes that are being brought forward tonight. Also distributed was a table illustrating the recommended changes in zoning to the redevelopment plans. Mr. Rumpf reviewed each change that Mr. Hudson exhibited on the map, as follows: 1M l' ap escnplon I oca Ion I mp emen a Ion race ure # I I 1 C-2 to MU-L 1 West of Seacrest, opposite St. i Amend HOB, codify MU-L 1 I I John's i -~ ,-, 2 R-1 to R-3 (status "Boynton Terrace" west Amend HOB quo) , 3 C-2 to MU-L 1 I St. John's Church/School Amend HOB, Codify MU-L 1 Campus 4 MU-L to R-3 Southeast quad of HOB Amend HOB, Amend R-3 Urban (Urban) I 5 MU-L (current) to I West of Seacrest, North of NE : Amend HOB, Codify MU-L 1 MU-L 1 3rd Ave. I 6 ! MU~Lr'to MU-L3 NW/SW corners Boynton Amend HOB, Codify MU-L2 Beach Blvd and Seacrest . West of FEC, east of NE 3rd ! Amend HOB, Codify MU-(?) -_._-,.~ 7 M-1 to MU or R-3 St. I - D , l' L l' i I t l' P d -I Time I I i 4-6 mO: i 3 mo '\' . J I 4-6 mo I i I -r--;-, i 4-6 mo i i I i ____~ I ::: ::-! i I ~--~----~ i 4-6 mo I I I 8 I No MU along US 1 I Planning Area #2 ----=r:o procedures If left status quo N/A--- - I, I where lots are too, l~ I ~~"~WLDR (Future I SF neighborhoods In Area #2 I LUAR ..---'------.-~~-----TI'6-8 m~ Land Use : 110 C-3 SW/SE Corners of woolbnghtfAmend US-1---corndor-P,a-n--:-T 4-6 mo 1 ! i & US-1 , I Codify _MU-L3 .__ _l~_~_~ . 9232 16 Meeting Minutes Community Redevelopment Agency Workshop Boynton Beach, Florida September 22, 2005 Map #1 was first addressed. Mr. Rumpf explained that low 1, low 2, low 3 and mixed- use high actually exist and two still need to be created. Staff knows where the mixed use high is, what it is and where it is. Mixed-use Low 3 will be new, but is comparable to the low, for example the Schnars project, is mixed-use low 3. Low 1 and low 2 have to be written. C-2 to MU-L 1 is recommended in the HOB Plan and MU-L 1 is being proposed west of Seacrest opposite St. John's Church Campus. This is a small triangular piece on the west side of Seacrest, north of where Boynton Terrace was located on the west side. Map #2 is the former Boynton Terrace West apartments. R-1 to R-3 is status quo. It is zoned R-3 and is classified for high density residential now. There is a development plan filed for this location. It will be maintained at 10.8 units per acre. Mr. Rumpf is under the impression that affordability will be emphasized. Mr. Fenton inquired about the difference in densities for R-1 and R-3 and would both remain at 10.8 acres. Mr. Rumpf noted the HOB Plan on the west side recommends single-family on the entire west side. R-1 is generally between 4 and 7 units per acre, single-family detached, no duplexes. Mr. Rumpf requested that Mr. Hutchinson address Map #1. Mr. Hutchinson responded that the HOB has this area as C-2 and there was a request to change it to mixed use. This is part of the park expansion for the Sara Sims Park and one option is for a joint venture for public improvements on this property with the private sector. Mr. Rumpf referred to the table set out in the Implementation Procedure column how these changes would be implemented. Map #3 is the St. John's Baptist Church School Campus and is recommended in the HOB Plan for C-2 zoning and mixed-use low 1, which is similar to the property to the north of the school campus. There is street frontage along Seacrest Boulevard and no single-family homes abut this property. Mixed-use low 1 is the lowest intensity mixed- use district. Mr. Rumpf does not anticipate that this would conflict with the intent of the HOB Plan. Map #4 in the original plan was recommended for the mixed-use low district, which is in place now. The height limit is 75' with 40 units per acre, which is one step down from the highest downtown. This has been reconsidered and as a result the recommendation has been downsized. This change will now require street frontage for mixed-use low projects. Staff would allow for minor adjustments as projects come in, if it were a project that staff deemed desirable. Mr. Hutchinson pointed out there are a lot of single-family homes in this neighborhood. To accomplish the new zoning, the HOB Plan would have to be amended. 9233 17 Meeting Minutes Community Redevelopment Agency Workshop Boynton Beach, Florida September 22, 2005 Map #4 currently has R-3 zoning, but there is no urban R-3. Urban R-3 is a transition zoning to provide better pedestrian areas and would not include the so-called conventional town homes or apartment complex projects. Mr. Hutchinson pointed out this creates a street for walking and discourages parking along the streets. It is anticipated parking would be massed and hidden so when people walk, they would be walking through neighborhoods. Map #5 is located east of Seacrest Boulevard, north of NE 3rd and is a small exception to the previous changes just discussed. This is a transition area along Seacrest coming from Boynton Beach Boulevard. Mr. Hutchinson pointed out this is a one-block area. Chairperson Heavilin noted the table stated "west" of Seacrest. Mr. Rumpf said this is an error and should be changed to "east." This small area would allow for a mixed- use project and frontage would have to be on Seacrest. Mr. Hudson distributed maps to the members for reference purposes. Mr. Rumpf pointed out the maps being distributed do not include the changes illustrated by the orange dot on the larger map. Map #6 addressed the northwest and southwest corner of Boynton Beach Boulevard and Seacrest. This resulted from a comment at the August workshop suggesting this corner be more symmetrical. The assembly of land at these two corners is recommended to have the same mixed-use as the east side. This would provide symmetry on all four corners. Map #7 is the M-1 area, which is the existing industrial district, west of the FEC Railroad tracks. This is the City's heaviest industrial district. On the west side, the area is flanked by a C-4 zoning district, which is intense commercial. The HOB Plan recommends C-4 areas be reduced and consolidated with the M-1 district. From the August workshop, recommendations were made to change it to mixed-use, or-R~> and to remove M-1 due to its proximity to residential neighborhoods, opportunities for land assemblage and greater return on development. Mr. Rumpf noted the M-1 district is being studied Citywide under a zoning in progress process and all the sites in the City are being reviewed in general for compatibility, uses, aesthetics and design. Map #8 addresses the U.S. 1 Corridor Plan. There are five planning areas in the Plan as follows: . Area # 1 is north of the C-16 Canal. . Area #2 is south of the C-16 Canal to St. Mark's Church. . Area #3 is the core area. . Area #4 is from the core area to Woolbright Road, . Area #5 is from Woolbright to the City's southern border. 9234 ] R Meeting Minutes Community Redevelopment Agency Workshop Boynton Beach, Florida September 22, 2005 With regard to the comment made previously regarding planning area #2, those parcels are shallow and have been established to preserve the single-family areas. Assembly depth is limited, which may eliminate mixed-use projects in this planning area. This resulted from a comment made at the August workshop. Mr. Fenton thought there was a comment made at the workshop, to extend this area south of Woolbright Road. Mr. Hutchinson stated there was a comment made requesting this. Map #9 is located immediately adjacent to the area just discussed and has been mentioned several times. Mr. Rumpf stated this map is different from the other maps discussed. The other maps deal with zoning and Map #9 deals with land use. In 1989 the single-family areas displayed in yellow on the map were included in a greater area and reclassified to mixed-use. At that time the Comprehensive Plan was being rewritten in accordance with the 1985 Act. However the zoning was never changed and has remained single-family R-1 and R-1 A. When the land use was reclassified, the zoning districts should have been created and implemented, but this never happened. Many residents were concerned about this. Since nothing has been done to redevelop those properties, it would make sense to reverse the C-4 reclassification, since the neighborhoods have remained single-family neighborhoods. To accomplish this would require a change to the future land use map and would take approximately six months to complete the process. Map #10 is located at the southwest and southeast corners of Woolbright Road and U.S. 1. The Corridor Plan recommended the mixed-use districts should end at Woolbright Road. The City has since approved a project at this area and staff does not think it makes sense to stop the process at this corner. If the City moved to this change, a comprehensive text amendment is required. Currently the Comprehensive Plan sets some development thresholds that would be inconsistent with this location and the MU-L3 zoning. The current land use classification would not fit the mixed-use district. There are two land use classifications; one is mixed- use core that corresponds with the mixed-use high zoning, and the second one is mixed-use. Mr. Rumpf anticipated that the Comprehensive Plan would have to be changed and would be done in this round. After this it would be sent to the Commission for approval. If the Commission did not approve the changes, they would not be sent to the State for review and adoption. Mr. Barretta asked what the current height limit is in M-1 zoning districts. Mr. Rumpf responded 45', but the consultant is reviewing this. With regard to the southwest and southeast corner of Woolbright Road, Mr. DeMarco asked about the zoning change for the northwest and northeast corner as well. Mr. Rumpf said it would have the same zoning and does not represent a change in the Corridor Plan. 9235 19 Meeting Minutes Community Redevelopment Agency Workshop Boynton Beach, Florida September 22, 2005 Mr. Hutchinson announced there would be more workshops. Mr. Rumpf anticipated at the next workshop, staff would have brief narratives for the corresponding maps. Mr. Hutchinson will try to have the unit counts available for the next workshop as well. Mr. Barretta requested to clarify the comments he made regarding heights and displayed a drawing of how the various heights compared to one another and the transition from one height to another. Mr. Barretta favored having four height differentials, instead of three, that would provide for a better transition and could supply for more density. He was not referring to the INCA neighborhood, but felt it could be applied to other areas that are going to mixed-use low zoning. By using four mixed-use low districts, instead of three, Mr. Barretta felt they would be able to recapture some of the density that had been lost and would make a better-looking skyline without losing density and disturbing the INCA residents. Mr. Hudson pointed out that the code limits an average 40 units per acre, east of Federal Highway in the mixed-use category. Mr. Barretta said that the four height categories could apply to those mixed-use districts west of Federal Highway. Brian Edwards, 629 NE 9th Avenue thought that going to four height categories instead of three made more sense and felt this would not affect anything else that was discussed at the August workshop. Mr. Barretta also had concerns regarding the small amount of mixed use between Federal Highway and the yellow area displayed on the map. He noted those properties are so narrow, it would almost be impossible to achieve 40 units per acre. The density lost in this area would have to be captured elsewhere. Mr. Hutchinson said he would speak with the City staff about this and bring some concepts back to the next workshop. Mr. Barretta pointed out they only have one time to get enough people downtown to make the downtown work, while preserving the neighborhoods. IV. Adjournment There being no further business, the meeting properly adjourned at 9:30 p.m. Respectfully submitted, ~#.#~ Barbara M. Madden Recording Secretary (September 29, 2005) 9236 20 MINUTES OF THE COMMUNITY REDEVELOPMENT AGENCY HELD IN COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA, ON TUESDAY, OCTOBER 11, 2005 AT 6:30 P.M. Present: Jeanne Heavilin, Chairperson Henderson Tillman, Vice Chair James Barretta Alexander DeMarco Don Fenton Marie Horenburger Steve Myott Ken Spillias, Board Attorney Lisa Bright, Assistant Director I. Call to Order Chairperson Heavilin called the meeting to order at 6:33 p.m. II. Roll Call The Recording Secretary called the roll and declared the full Board was present. III. Agenda Approval A. Additions, Deletions, Corrections to the Agenda Chairperson Heavilin requested adding under New Business Multi-Cultural Carnival as Item C. and Heritage Fest as Item D. B. Adoption of Agenda Motion Vice Chair Tillman moved for approval, as amended. Motion seconded by Ms. Horenburger and unanimously carried. IV. Consent Agenda A. Approval of Minutes for the August 9, 2005 Meeting continued to Tuesday, August30,2005 B. Approval of Minutes for the CRA Budget Workshop August 30,2005 C. Approval of Minutes for the CRA Special Meeting August 30, 2005 D. Approval of Minutes for the CRA Board Meeting September 15, 2005 E. Approval of the September 30, 2005 Financial Report 9237 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida October 11, 2005 F. Approval of reimbursement for expenses relating to an Assembly and Redevelopment Incentive Grant to the Railroad Avenue Self-Assembly group in the amount of $1,935 G. Approval of Fac;ade Grant in the amount of $15,000 to Hudson Realty H. Approval of Completed CRA Promenade Projects Plans I. Approval of Completed CRA Boynton Beach Boulevard, Extension Plans J. Review and Approval of CRA's Boynton Beach Boulevard Lighting, Irrigation and Landscaping Plans West of US 1 (30% finalized) K. Review and Approval of MLK Streetscape Plans (30% finalized) L. Review and Approval of Seacrest Boulevard Streetscape Plans (30% finalized) Motion Vice Chair Tillman moved for approval. Motion seconded by Mr. Myott and unanimously carried. V. Public Audience None VI. Public Hearing Attorney Spillias asked Board members to reveal any ex-parte communications they may have had with anyone regarding any of the items being considered under public hearings. There were none. Attorney Spillias explained the procedures and requirements involved in quasi-judicial proceedings. Old Business A. Chow Hut Maior Site Plan Modification 1. PROJECT: AGENT: OWNER: LOCATION: DESCRI PTION: Chow Hut (MSPM 05-007) George Brewer Anthony J. Mauro and Doug Peters 558 East Gateway Boulevard Request for Major site plan modification to construct a 598 square foot addition to an existing 702 square foot building (1,300 square feet enclosed) and a 1,248 square foot covered porch on an 8,060 square foot parcel zoned Neighborhood Commercial (C-2). Kathleen Zeitler of the Planning and Zoning Division presented the item on behalf of staff. The project is located on the south side of Gateway Boulevard, west of Federal Highway 2 9238 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida October 11, 2005 and the railroad tracks. Currently the building is vacant and had been previously used as a beauty salon. A change of use is being requested to a take-out restaurant. In addition, the applicant intends to add a 598 square foot addition to the current building to increase the size of the building to 1,248 square feet. The Board previously heard this request at its August 9, 2005 meeting and the item was supposed to go before the City Commission on September 6, 2005. However, at the August 9th meeting, the applicant requested to table the item in order to revise the plans. Ms. Zeitler reported the increase in square footage is minor and only impacts the size of the proposed building footprint. The locations of the chikee hut, parking, landscaping and signage have not changed. The site is zoned C-2 and is comprised of 8,060 square feet. Parking is comprised of eight (8) spaces in front of the building and six (6) spaces in the rear of the building. The applicant is requesting a change in use of the building from personal services to a take-out restaurant with outdoor seating only. There will be no drive-thru window or indoor seating. The building addition will house a freezer-cooler, public handicap accessible restrooms, kitchen storage area and an ice cream counter. Covered outdoor dining areas would be located on each side of the buiJding that would look like chikee huts for a total seating of 32 seats, including the service bar area. Members of the Miccosukee or Seminole Indians will construct the thatched chikee huts and are exempt from building permit requirements. The operation will be open for breakfast, lunch, dinner and late night meals. Even though a service bar would be included in the outdoor dining area, it is anticipated that a majority of sales would be from food, not alcoholic beverages. All sales of alcoholic beverages must be consumed on the premises and a license is required. If at any time the sales of alcohol exceed the food sales, conditional use approval for a bar would be required. There will be no amplified music played indoors or outdoors. Currently, the site is non- conforming for landscaping and ADA requirements. The site improvements will bring the property up to code as much as possible that include a screened dumpster and other items enumerated in staff's report. Palm Beach County Traffic Division approved the traffic concurrency statement. Ms. Zeitler pointed out that since the plans were revised and the square footage has increased, the applicant must apply for a revised traffic concurrency approval prior to permitting. This has been added as condition #27 to the conditions of approval. The existing parking spaces will be re-striped to provide eight (8) spaces in the front to include one (1) handicap space that would be van accessible and five (5) spaces in the rear. However, one space in the rear will be deleted for dumpster use. Next reviewed was the landscaping for the project that staff reported exceeds landscaping requirements. This will provide a more tropical outdoor setting for dining. The proposed landscaping will be placed along the east and west sides of the building adjacent to outdoor dining and to screen the dumpster. 3 9239 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida October 11, 2005 Attorney Spillias at this point administered the oath to all persons who would be testifying or had testified. Ms. Zeitler pointed out the main difference from the plan presented tonight and the previous plan is the additional square footage being added and a small change in the parking. Staff is recommending different colors for the building than the applicant had requested. Ms. Zeitler noted this had been raised at the previous hearing. The applicant proposed that the building would be painted dark orange with dark brown trim and sign. Staff would like the building and sign to be a lighter color and more festive to blend in with the Harbors project across the street. Ms. Zeitler presented sample colors and the conditions that staff was recommending for the project. Mr. Fenton asked what staff's reasoning was to change the colors so drastically. Ms. Zeitler pointed out when the palm fronds dried out they would be the color staff was recommending. Mr. Barretta thought that when palm fronds dried out, they were gray in color and that did not appear in staff's rendering of the buildings. Ms. Zeitler pointed out the roof color has a gray tone. Mr. Myott inquired if the color changes were based on the City's color code. Mr. Myott was informed the City does not have a color code. Ms. Zeitler explained the colors were based upon the design guidelines in the LDR that require the building to harmonize with surrounding development, which in this instance is beige. Staff recommends approval with the recommended conditions that include obtaining a revised traffic statement prior to permitting and revising the building and sign colors. Ms. Zeitler reported there are 27 staff conditions for approval of the project. Mr. Barretta asked the CRA Planning Director for her opinion of the color selections. Ms. Brooks concurred with the City staff's recommendation for the colors and she also approved of the project. Mr. Barretta questioned if the surrounding colors were beige, why was staff recommending mustard yellow for the building. Ms. Zeitler explained the colors did not have to be the same; similar colors were recommended. Mr. Barretta felt the colors the applicant was proposing would be more harmonious than the colors staff was recommending. Vice Chair Tillman inquired how the City would determine when liquor sales exceeded food sales. Ed Breese, Principal Planner, said this would be determined by licensing and yearly inspections by the City. He pointed out the City had the right to look at the receipts to make certain this is happening. Since there was limited bar seating, most of the business would be table dining. Tony Mauro, 2611 lake Drive North, Boynton Beach, one of the two owners of the project said they agreed with all staff conditions, except for the colors. They requested to remain with the original colors they presented. Mr. Mauro felt their colors were more vibrant and would complement the atmosphere they are trying to achieve. 4 9240 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida October 11, 2005 Discussion took place regarding the colors of the building. Mr. Fenton felt the location of the applicant's project was in no way related to the Harbors. Mr. Barretta also did not favor staff's color selection and felt the applicant's colors were much more coordinated and pleasing. Mr. Myott felt thought the architect of the project should have been present to give his views on the colors he selected. Mr. Barretta pointed out the color ordinance was turned down by the City Commission. Mr. Mauro noted at the last meeting their architect was present to address the colors that were approved and they did not feel color was an issue at this point. Mr. Myott also preferred the applicant's colors over staff's recommendation. Chairperson Heavilin opened the public hearing. Since no one wished to speak, the public hearing was closed. Motion Mr. Fenton moved to accept staff's recommendation to approve the Chow Hut, subject to all staff conditions, except condition #24 would be eliminated, and the existing colors would be allowed to stand. Motion seconded by Mr. Myott. Mr. Barretta recused himself from voting on the project and completed a Form 8 provided by the Recording Secretary. Mr. DeMarco inquired about the types of alcohol that would be served. The applicant stated it would be beer and wine. Mr. DeMarco also inquired if a space would be reserved for pick-up of food, in the event all spaces were occupied. He recommended setting aside one space for pick-up and one space for handicap. Ms. Zeitler commented that customers would park and get out of their car to order at the front window. The pick- up counter is on the side of the building. She felt the parking was sufficient. Mr. Mauro anticipated that a majority of their business would be pick-up and delivery, even though there would be outside dining. Mr. Breese said that condition #25 would have to be eliminated because this dealt with the color of the sign recommended by staff. Mr. Fenton amended his motion to include the elimination of condition #25. Mr. Myott amended his second of the motion. The motion carried 6-0 (Mr. Barretta abstaining). Chairperson Heavilin recognized Mayor Taylor, Vice Mayor McCray, Commissioners Ensler and Ferguson and City Manager Kurt Bressner in the audience. New Business A. Spotts Abandonment Abandonment 9241 5 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida October 11, 2005 1. PROJECT: AGENT: OWNER: LOCATION: Spotts Abandonment (ABAN 05-007) 805 North Federal Highway Daniel Spotts Daniel Spotts 805 North Federal Highway DESCRIPTION: Request for abandonment of a portion of a 20- foot wide right-of-way west of North Federal Highway abutting the Florida East Coast Railway. Kathleen Zeitler of the Planning and Zoning Division presented the item on behalf of staff. The location of the abandonment was pointed out, which is located on the west side of North Federal Highway and abuts the FEC tracks. Currently the property is unoccupied and was previously a consignment shop. The alley is 20' wide by 50' in length and is unimproved and runs north and south adjacent to and parallel with the railroad. The survey incorrectly states the right-of-way is 25'; it is actually 20' wide. Staff met with the applicant on July ih. The applicant indicated the alley was overgrown and attracted vagrants and crime. He requested the City abandon the property so he could maintain it. It was later determined the applicant would be using the alley for additional business parking. Mr. Spotts was informed that instead of seeking an abandonment of the property, he could request a revocable license agreement with the City. This license agreement would allow the applicant to lease the land from the City. In accordance with State law Statute 9336-12, each adjacent property owner would receive one-half of the abandoned property. Any live utilities in the alley would require an easement dedication. If the applicant desired to use the property for additional parking, it would require a City-approved site plan modification that would comply with all land development regulations. Staff was unsuccessful in contacting a representative of the FEC Railway and did not receive any comments. Staff is not certain if the 10' would be sufficient for additional parking as intended by the applicant. The applicant could try to purchase the other half from the FEC Railway for this purpose. Since staff has determined the public alley no longer serves any public purpose, staff has no objection to the abandonment and supports it by either a dedicated easement or a revocable license agreement. The public utility companies were notified and no objections to the abandonment were received. There is a live sewer line located within the 20' alley. Therefore, 12' of alley would have to be retained as a utility easement. The applicant was informed if he wanted to go with the revocable license agreement, he would have full use of the entire 20' alleyway. The applicant has indicated he would rather own the property, since he would be paving it for additional parking. Staff is recommending approval with tr3 condition for an easement and the applicant has agreed to this condition. 6 9242 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida October 11, 2005 Mr. Myott inquired how the FEC has dealt with owners in the past requesting transfers of their easement property. Chairperson Heavilin responded the Railway would consider selling the property at market rate. Ms. Horenburger has had experience with the FEC Railway and they sell their property at market value. Ms. Horenburger also pointed out the City pays the Railway for every crossing in the City and she did not think it was fair to give them something for free when they charge the City to cross their tracks. She recommended the applicant accept the revocable license agreement. Ms. Brooks, CRA Planning Director, reported that the properties on both sides of the applicant have received abandonments. Therefore, this abandonment would be consistent with the adjacent properties and she is recommending approval. Mr. Barretta inquired if the abandonment had to be split between the applicant and the railway. Ms. Zeitler responded State law required it be abandoned equally between both parties. Daniel Spotts, owner of Miami Aqua Culture, reported he had several meetings with the City regarding the abandonment. He noted that the City has abandoned property in Resolutions No. R98-130, R98-145, and R98-56 that pertain to property immediately north of his property and in each case, the City Commission gave the entire amount to the applicant. He pointed out that there is no proof that the FEC Railway owns the adjacent land; the only thing the Railway has is a right-of-way. He determined this because he was required to notify all property owners within 400' radius of his property of his application for abandonment and the Railway did not come up within this radius. Mr. Spotts also went to the County's abstract department to determine if the Railway actually owned the land, and they could not determine this because it dated back before the plat of 1925. Mr. Spotts has spoken to a representative of the Railway in charge of real estate and he could not confirm they owned the land. The Railway was contacted about this hearing, but chose not to be present. Mr. Spotts main reason for wanting the property was to properly maintain it; he was not certain whether it would be used for parking. He did not want to maintain it if he did not own it. He also pointed out the FEC Railway told him if they received the property, they would not maintain it. Mr. Spotts pointed out the Railway does not pay taxes either. Mr. Barretta asked about the three resolutions cited by Mr. Spotts and asked if the entire property was dedicated to the Railway or to a property owner. Mr. Spotts stated the entire property was given to the applicants. Mr. Barretta requested staff address this. Mike Rumpf, Planning and Zoning Director, said staff would be agreeable to research this, but it would require additional time. Mr. Rumpf did not have those resolutions in hand, but acknowledged the City has processed abandonments in this manner. Mr. Rumpf said the City Engineer interprets State planning law for staff and could not confirm what Mr. Spotts reported. Mr. Barretta felt the City should research this to determine if the entire abandonment could be given to the applicant. Mr. Spotts brought this to the attention of City staff previously, but no action was taken. 7 9243 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida October 11, 2005 Chairperson Heavilin recommended staff review this and asked the applicant if he would agree to have his application postponed, pending further review. Mr. Spotts had no objection. Motion Mr. Barretta moved to table the item to provide staff an opportunity to research it. Motion seconded by Vice Chair Tillman. Chairperson Heavilin thought the case should be continued, instead of tabling. Mr. Spotts inquired if he would have to give notice again at his expense since it is on the Commission agenda for November. Attorney Spillias reported that if the item were continued to the Board's next monthly meeting, it would not be necessary to re-notice. Mr. Spotts asked about the notice for the November City Commission meeting. In this event, Attorney Spillias thought the item would have to be re-notified because the item could not go before the City Commission until the Board has taken official action. Attorney Spillias pointed out that staff assumed that State Statute ~336-12 applied in this instance and the property would have to be split both ways. This mayor may not be the case. He noted this statute applies when there is nothing else in the chain of title to provide otherwise. The Board discussed this same subject some months ago. At that meeting Attorney Miskel recited the law and Attorney Spillias informed the Board at that time that what Attorney Miskel recited was accurate that if the abandonment were a dedication and the dedication was on the edge of the plat, it would not necessarily go 50- 50 and the entire 100% could go to the adjacent property owner within the same plat. Attorney Spillias pointed out that rights of way could be owned by a City several ways and if they owned the deed, the City could dispose of the property any way they deemed fit. In that case, ~336-12 would not apply at all and it would depend on how the plat read. Another determination is what is the nature of FEC's right-of-way and is it a right-of-way where the Railway does not own the underlying fee title, but has a right-of-way by plat or an easement or some other dedication. The next question would be who the other owner is. He questioned if the Engineering Division was the proper source to determine this and he recommended utilizing a real estate lawyer to look at the plat and chain of title to determine who owned the property originally and how it was platted. Mr. Spotts already spoke with a real estate attorney who sent him to the abstract department of the County and that agency informed him that he would need to hire a specialist. Mr. Spotts questioned if he should bear the expense for all this to prove if the Railway owned the land; he just wanted advice on how to proceed. Ms. Horenburger doubted the true ownership of the FEC property could be determined. Mr. Rumpf recommended if the Board postponed the item to a date certain, the City Commission would do the same thing. As a result, the notice would still be in effect when the item went to the City Commission and the postponement would be announced. 8 9244 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida October 11, 2005 Attorney Spillias said if the City could do this, then they could proceed as recommended by staff. Mr. Barretta amended his motion to state the item would be continued to the Board's next regular meeting. Vice Chair Tillman amended his second of the motion. Mr. Myott pointed out since the applicant would be benefiting by receiving this land, he should pay for the research and not City staff. Mr. Spotts inquired that since the City would not perform any further research, he would report on his findings at the next meeting. Mr. Rumpf explained that staff would confirm what the applicant brought out regarding the three prior abandonments. Also staff will speak with the City Engineer to see what his experience is with the FEC Railway. Mr. Rumpf felt this same issue must have been looked at in the past. Vote The motion unanimously carried. B. Majestic Gas Zoning Code Variance 1. PROJECT: AGENT: OWNER: LOCATION: Majestic Gas (ZNCV 05-007) Rajesh Patel, Raj Properties, Inc. N/A 302 West Boynton Beach Boulevard DESCRIPTION: Request for relief from the City of Boynton Beach Land Development Regulations, Chapter 2, Zoning, Section 4-L, requiring a six (6) foot solid, stucco masonry wall, to allow a six (6) foot vinyl or wood fence in a C-2 Neighborhood district abutting an R-1-A Single Family Residential neighborhood. Kathleen Zeitler from the Planning and Zoning Division presented the item on behalf of staff. The applicant is requesting to build a 6' wall along the south property line in place of the required 6' stucco masonry buffer wall required to separate commercial from abutting residential. The property is located east of 1-95 on the south side of Boynton Beach Boulevard called Majestic Gas Station and is located in the Boynton Heights Subdivision. The applicant intends to modify the existing site that resulted in the requirement of the solid masonry wall, painted on both sides and at least 6' in height shall be located within the side and/or rear yards except on corner lots. In that case, the wall is only required on interior lot lines and must be located at least 2' from the rear property line. A wall is not necessary on the western boundary of the site because it abuts commercial. The wall is only required along the south property line. 9245 9 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida October 11, 2005 Ms. Zeitler recited the regulations that apply to the construction and location of the masonry walls. There is an existing 3' FP&L easement located along the entire south property line. Commercial properties are required to provide additional buffering to minimize land uses when located adjacent to residential districts. This would include dense vegetation, berms, and buffer walls. The existing gasoline station is a non-conforming use due to its location and is not in compliance with current code requirements. The requirement of a buffer wall became a requirement in connection with the applicant's future request for a major site-plan modification. The existing gas station will be remodeled by eliminating the automotive repair and the garage. In its place, the convenience store would be expanded. The applicant is prohibited from adding onto the building or increasing the building's square footage because this would be an expansion of a non-conforming use. There was a concrete/louver wall along the side and rear property lines, but the applicant removed it after it was damaged. There are photographs dating back to 2003 that show the site was densely buffered along the side and rear property lines. The current site conditions do not include any buffers and the gas station is now very visible from adjacent residential properties to the south and southwest. The applicant would be permitted to locate the wall 3' from the property line so it would be outside the easement. The applicant's justification for the variance request was due to special conditions that are atypical to the subject parcel. Staff does not agree with this statement. The existing foliage is unhealthy and interferes with the power lines and should be removed when the site is redeveloped and new landscaping planted in its place. The buffer requirements between commercial and residential require buffer depth of 5'. Staff is recommending that the wall be moved in 3' and shrubs should be planted on the outside of the wall in accordance with FP&L guidelines. Trees and shrubs should then be introduced along the interior of the wall to provide the required buffer. Staff is recommending the applicant coordinate tree removal within the FP&L easement with FP&L in order to protect the power lines. Also the applicant should strive to be a good neighbor by buffering the gas station for the adjacent residences and to bring the property up to code as much as possible. When the applicant applies for a major site plan modification to remodel the gas station, he would be required to bring the non-conforming site up to code, including landscaping. Staff recommends denial of the request, since the applicant has not demonstrated the code requirement presents an undue hardship or is the minimum necessary to make possible the reasonable use of the property. Mr. Barretta inquired if the applicant's actions in removing the wall and vegetation resulted in any code violations. Mr. Breese responded that the applicant had been cited by the Code Compliance Division for having a damaged wall. The applicant then removed the wall in anticipation of complying with the citation. However, a wall needs to be put back in place of the one that was removed. 9246 10 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida October 11, 2005 Ms. Brooks, CRA Planning Director, also recommended denial of the applicant's request. Mr. Rajesh Patel, 302 West Boynton Beach Boulevard, owner of the property, acknowledged Code Compliance cited him for having missing wall sections. When he was cited, he telephoned City Hall to inquire if he could replace it with a wooden fence. He was informed that this was allowed and he needed to obtain a permit. When he applied for a permit, he was informed that a masonry wall was required. He said when he purchased the property it was littered with trash and he tried to clean it up and that resulted in his being cited. A new masonry fence would cost approximately $70,000. Mr. DeMarco questioned if the applicant could install a metal wall because he saw a new metal wall that was recently installed along Golf Road and it looked very attractive. Ms. Zeitler informed Mr. DeMarco that the code required a masonry wall. She pointed out the existing wall had been completely removed. Vice Chair Tillman acknowledged that the applicant has recently improved the property and putting in a new wall would add to the appearance of the station. Mr. DeMarco inquired if the underground tanks had been replaced. Mr. Patel reported new tanks were installed that cost approximately $250,000. They are currently working with an architect to remodel the gas station. The public hearing was opened. Claudia Ocampo, 222 NW 1st Avenue, Boynton Beach would like to have a masonry wall built to buffer the residential area from the gas station. The gas station abuts the houses immediately to the south where children live and it is very unsightly. She noted there was garbage strewn about and vagrants hang out in the area. Brian Edwards, 629 NE 9th Avenue, Boynton Beach, did not think that there should be any compromise for this property since it is located in the Boynton Beach Boulevard redevelopment area. He recommended that staff inform the applicant about the plans for this street. Mr. Edwards felt that the gasoline station should be a shining star to carry out the vision for Boynton Beach Boulevard. The public hearing was closed. Mr. Fenton inquired what kind of wall could be placed on the site. Ms. Zeitler explained that a 6' minimum masonry or stucco wall would have to be installed and not a louver wall. Mr. Fenton felt a steel wall would be sufficient with landscaping on both sides. Mr. Barretta pointed out that there are several masonry wall products that are pre-cast concrete that would be an alternative to a block wall. He did not think that a metal or wood fence would be acceptable. 9247 11 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida October 11, 2005 Mr. Myott noted most buffer walls were pre-cast and he thought this should be added to the code. However, since this is commercial property separated from residential, Mr. Myott did not envision any kind of substitute for a solid masonry type wall. Mr. DeMarco recommended giving the applicant 30 days to find an alternative for the masonry wall. Mr. Barretta pointed out the applicant is applying for a chain link fence and he would recommend that this be denied to allow the applicant to come back with something else. Mr. Patel stated his request was for a wooden or vinyl fence. Chairperson Heavilin informed the applicant about the Fac;ade Grants that the CRA has available and recommended that he apply for a grant to offset some of the costs. Motion Mr. Barretta moved to approve staff's recommendation for denial of the petition. Motion seconded by Mr. Myott and carried 6-1 (Mr. DeMarco dissenting). c. Waterside Site Plan Time Extension 1. PROJECT: AGENT: OWNER: LOCATION: Waterside (SPTE 05-004) Keith & Ballbe, Inc. Southern Homes East side of Federal DESCRIPTION: Request for a six-month time extension for a new site plan approval granted on July 20, 2004, from July 20, 2005 to January 20, 2006. Kathleen Zeitler presented the item on behalf of staff. The property is zoned IPUD for 113 townhomes. The applicant is requesting a six (6) month time extension. The City Commission approved the site plan on July 20, 2004 and it is good for one year from the date of approval. If the request were approved, the expiration date, including concurrency certification, would be extended to January 20, 2006. Since the request for a time extension, the applicant has formally submitted building permit drawings to the Building Division. The traffic concurrency was approved by the County with a build out date of 2005. Therefore, if the applicant does not receive the building permits by the end of this year, a revised traffic study with a new project date would be required for approval by the County. This has been added as a condition of approval. Ms. Zeitler pointed out that the original 68 conditions of approval would still apply and there are no new land development regulations that would affect the project. Staff recommends approval of the six (6) month extension to January 20, 2006. 9248 12 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida October 11, 2005 Ms. Horenburger pointed out that January 20, 2006 is only four months away. Ms. Zeitler noted the applicant applied for the extension on July 19, 2005 because at that time the applicant was not ready to submit the applications for building permits. They have since been submitted, but the applicant is still going through the permitting process and has not received their permit. Ms. Brooks, CRA Planning Director, recommended approval of the time extension. Carlos Ballbe, representing Southern Homes, agreed with the conditions of approval. He pointed out they received a permit to reconstruct the seawall around the perimeter of the property, but still decided to apply for an extension of the site plan approval. If possible, Mr. Ballbe requested some additional time beyond the six months because they applied in July and would only have until January 2006 for the remainder of the extension. Mr. Ballbe was also agreeable to doing a new traffic concurrency study. The public hearing was opened. Joseph Puleo, 917 Turner Road, Delray Beach, has resided in the City since 1991 and commended the City Commission for all the development taking place throughout the City. Mr. Puleo resides within 150' of the southern perimeter of the Waterside development. He pointed out the dirt that has been generated from the development that is all over his house, cars and boat. The request for an extension would cause a great deal of harm to the community and is depriving him of his ability to enjoy his house. It is impossible to open doors and windows because of the dirt flowing off the applicant's property. He has complained to Southern Homes and the City, but has seen no results. Their trucks and equipment go through his development and the residents have complained about this. As a result, Southern Homes posted a guard at the front of his community, but the guard has been of no assistance whatever and the trucks continue to go through his community. Mr. Puleo was opposed to any time extension for the project. He would like to see the project finished as soon as possible. Arthur Shilling, 818 Chukker Road, Delray Beach, only received the notice of the time extension two weeks ago and felt many other people would have been present, but they are still up north. Mr. Shilling questioned the number of stories in the development and Chairperson Heavilin explained that the Board is addressing a site plan extension, not the height of the buildings. Mr. Ballbe had met with Mr. Shilling several times and the elevations were pointed out to the entire neighborhood. Mr. Shilling was against the time extension because they were told Chukker Road would only be used for emergency purposes and the trucks using the road have created a lot of dust. He noted that all the mango trees and a large Ficus tree were torn down. He was concerned about the wells being destroyed. Ms. Horenburger inquired if the applicant was still using Chukker Road since a utility road had been installed. Mr. Shilling said it is still being used, but not as much before the utility road was installed. Mr. Shilling complained that the workers begin work at 6:30 a.m. and 13 9249 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida October 11, 2005 disturb the neighborhood. He questioned whether this was allowed and said they have no peace in their community. Mr. Barretta inquired if there were ordinances dealing with erosion control and the time when workers could begin work. Mr. Rumpf responded the City has construction practice requirements and he will follow up on these complaints with the Engineering and Building Divisions to make sure the developer is adhering to those requirements. Mr. Rumpf would insure that the applicant is held to the hours of operation permitted. Motion Mr. Barretta moved to accept staff's recommendation to grant an extension, but would add an additional two (2) months. Ms. Horenburger asked the maker of the motion if he would agree to a condition to the motion that Chukker Road would no longer be used as an access road to the construction site. Mr. Barretta felt this was an issue between City staff and not this Board. Mr. Fenton agreed to second the motion if Mr. Barretta was agreeable to add an additional four (4) months instead of two. Mr. Barretta agreed to this recommendation and changed his motion to ten (10) months. Motion seconded by Chairperson Heavilin. Ms. Horenburger made the following substitute motion. Motion That a condition be added to the original motion that the developer not use Chukker Road. The motion died for a lack of a second. Chairperson Heavilin would like the alleviation of dirt being blown around and was aware that there were requirements regarding this in the code. Mr. Rumpf said he would follow up on this. Chairperson Heavilin noted most site plan extensions have always been for 12 months and asked if the Board wanted to consider a 12-month extension. Mr. Barretta did not think the applicant required a 12-month extension since he is in the building permit stage. Mr. Ballbe stated that ten (10) months would be satisfactory. Vote Motion carried 6-1 (Ms. Horenburger dissenting) VII. Pulled Consent Agenda Items 9250 14 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida October 11, 2005 None VIII. Old Business A. Interlocal Agreement with City and CRA for HOB Phase 1 Project Assembly Ms. Brooks pointed out this item was previously before this Board, which is to fully implement Phase 1 of the Heart of Boynton Plan. They have gone through the voluntary acquisition part of the project as far as possible. Ms. Brooks reported they own 40% of the property in Phase 1 and in order to proceed, they need to acquire, through eminent domain proceedings, the remainder of the properties. Attorney Spillias had some corrections to the document as follows: (1) In Paragraph 2.3, on page 9178 of the agenda (page 2 of the document), the third word in the second sentence should be "described" and not "descripted." (2) In the Paragraph 3.3, there are two references to Exhibit E. The Exhibits should actually be Exhibits C and D. Chairperson Heavilin pointed out that members were provided an Exhibit E tonight that was inadvertently omitted from the package. Ms. Brooks confirmed that Exhibit E was, in fact, distributed tonight. Attorney Spillias inquired if Exhibit E was correct in Paragraph 3.3 and was informed that it was. Mr. Fenton pointed out that the 5th Amendment prohibited governments from condemning private property, except for public use. He felt the taking of these properties was an economic use and, therefore, he was opposed to the Board authorizing any eminent domain proceedings. He asserted that eminent domain proceedings was government's attempt to over rule the individual homeowner and he was opposed to putting people out of their homes through eminent domain. People should be allowed to remain in their homes and any development that occurs in the Heart of Boynton could be built around those homes. Vice Chairman Tillman referred to the positive direction that the CRA had taken that began over five years ago. He noted there is a plan and the Board is charged with seeing this plan through and as a result, major development would be coming into downtown Boynton Beach. The land the CRA would be purchasing would be redeveloped so that people would have new homes; no one is being displaced. Further, Vice Chair Tillman felt that not moving forward with the plan was sending the wrong message. He noted how hard this board has worked to make Boynton Beach a better place and he was opposed to taking a "back seat" in the Heart of Boynton area. Vice Chair Tillman urged members to proceed with what they started out to do. There is a plan in place for the downtown and the Heart of Boynton; it was incumbent upon the Board to continue what it started. Mr. Barretta echoed Vice Chair Tillman's comments. 15 9251 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida October 11, 2005 Chairperson Heavilin pointed out the properties that would be taken by eminent domain were not private single-family homes and the CRA is not planning any eminent domain proceedings against any single-family residences. The CRA has already purchased over two-thirds of the properties needed and she felt this was long overdue and should have been done years ago when the Heart of Boynton Plan was been originally drawn up with community involvement. Mr. DeMarco also agreed with the comments made by Vice Chair Tillman and asked that Mr. Quintus Greene address the Board. Quintus Greene, Development Director, noted that Vice Chair Tillman's comments were on target. He pointed out that the Supreme Court in the past two months ruled in New London, Connecticut that economic development is, in fact, a public purpose. Therefore, this issue has been settled. The intent is to assemble a parcel that could be developed and the residents themselves noted that the corner of MLK and Seacrest is a problem corner in that community. Activities have been occurring on that corner for years that have resulted in a great deal of police activity. Those activities have been a concern of that community for a long time and the eminent domain action is necessary to alleviate some of the conditions that the residents have been complaining about. Mr. Greene requested that the Board move forward with this action so it could be brought before the City Commission. Kurt Bressner, City Manager, noted the CRA Board recommended to the City Commission in 2001 that Ordinance No. 01-59 be adopted and was subsequently adopted by the City Commission on December 4, 2001. This Ordinance approved the redevelopment plan for the Heart of Boynton. Prior to that, the City Commission adopted Ordinance No. 98-33 that established the HOB as a qualified redevelopment area pursuant to Florida State Statute 163.360. The necessary legal steps have been established by legislative act of the City Commission. Mr. Bressner pointed out that the HOB is in compliance with the statute as a qualified redevelopment plan and official policy has been set by the City Commission based upon the adoption of both Ordinances. Therefore, the City feels the plan is ready to go. Motion Vice Chair Tillman moved that the Community Redevelopment Agency approve the Interlocal Agreement between the City and the CRA for the Heart of Boynton Phase 1 Project Assembly. Motion seconded by Mr. Barretta. Ms. Horenburger recalled that the Board's attorney furnished the Board with an opinion on eminent domain and it appeared that the CRA would not do the eminent domain; it was the City that would be doing the eminent domain. Chairperson Heavilin confirmed that the CRA does not have the power of eminent domain. 9252 16 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida October 11, 2005 Ms. Horenburger referred to Paragraph 3.4 of the agreement that the City would be liable and will indemnify the CRA, its agents and servants from liabilities and damages. Ms. Horenburger was informed that there was no Paragraph 3.4 in the agreement. She pointed out if the hold harmless language was deleted, the CRA would be liable and would have to pay some of the costs. Mr. Bressner responded if the City Commission authorized eminent domain, the City is responsible for carrying that forward. Attorney Spillias noted the document does not have any indemnification either way. Vote Motion carried 6-1 (Mr. Fenton dissenting) B. Grant Reimbursement - Delray-Boynton Academy Motion Ms. Horenburger moved for approval. Motion seconded by Vice Chair Tillman and unanimously carried. IX. New Business A. Executive Director's Evaluation and Contract Consideration Chairperson Heavilin announced that the Executive Director, Doug Hutchinson, submitted his resignation effective this morning. Therefore, no discussion of his evaluation was necessary. Chairperson Heavilin pointed out they need to authorize someone to sign in his place and asked members for their opinions. Motion Mr. Barretta moved to appoint Lisa Bright Interim Director and to give her full power and authority of the Director until such time as a permanent Director is appointed and to request that Mr. Hutchinson serve as a consultant to the Board until the Board determines that his services are no longer needed. Motion seconded by Vice Chair Tillman. Chairperson Heavilin questioned if there should be two separate motions. Mr. Barretta wanted them combined. Ms. Horenburger would like it stated that Mr. Hutchinson be available to the Interim Director for historical purposes and she will state this in a separate motion. Mr. Fenton pointed out it needed to be determined what salary Mr. Hutchinson would be paid and how long he would serve. He agreed on the motion to appoint Ms. Bright Interim Director, but he felt Mr. Hutchinson's involvement should be a separate issue. Mr. Barretta noted Mr. Hutchinson has served the Board for a number of years in a satisfactory manner and has brought great vision to the City. He would like to see this 17 9253 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida October 11, 2005 continued to the extent possible. Mr. Barretta recommended that Mr. Hutchinson serve as a consultant to CRA Board for an indefinite period, at his discretion with the Board's approval. He would recommend that Mr. Hutchinson receive a salary pursuant to his current per diem rate in accordance with his contract. Amendment to Motion: Mr. Barretta amended his motion to include the per diem equivalent salary rate. Mr. Myott seconded the amended motion. Ms. Horenburger offered the following substitute motion: Motion Ms. Horenburger moved that Lisa Bright be named Interim Director, until such time as the RFP is completed, and that 90 days be extended to the former Executive Director for consulting for the City through the direction of the Interim Director as needed since he has such historical knowledge and that the Board compensate him for his unused vacation and unused sick pay and any COBRA costs. After 90 days, this would be re- evaluated to determine if it should be extended. Mr. Barretta recommended these issues be handled separately. Mr. Myott thought that some of these issues were addressed in Mr. Hutchinson's employment contract. Chairperson Heavilin called for a second on the substitute motion. The motion failed for lack of a second. Mr. Barretta requested that Chairperson Heavilin call the question on his motion. Chairperson Heavilin inquired if a second was necessary to call the question. Attorney Spillias explained a second would only be needed if there were opposition to calling the question. Chairperson Heavilin thought other Board members would like to offer comments. Mr. Barretta recommended calling the question and then Board members could offer their comments. Attorney Spillias announced if there was objection to calling the question, the Board could be polled to determine whether or not to move forward with the vote or continue discussion. Chairperson Heavilin called the question and it failed. The floor was open for discussion. Mr. Myott opined that Mr. Hutchinson did an excellent job and he was unaware of how his sudden resignation came about. He referred to the Director's evaluation on tonight's agenda and a new Employment Contract that the Board would be considering. Mr. Myott was in favor of providing Mr. Hutchinson with some salary and benefits for a certain period of time. 9254 18 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida October 11, 2005 Mr. Barretta concurred that Mr. Hutchinson's benefits should be continued. Further, Mr. Barretta felt that all Board members were aware of why Mr. Hutchinson resigned, but he felt members did not want to say what led up to Mr. Hutchinson's resignation. Mr. Fenton thought Mr. Hutchinson's resignation was due to the irregularities that surfaced in the Agency's financial audit. There were many discrepancies in the audit and he sent e-mail to Chairperson Heavilin regarding them. He asked the auditor to be present at tonight's meeting to name names in the audit because it was unclear in the audit who was responsible for the discrepancies. Not only did Mr. Fenton ask the auditor to be present tonight, but he also asked the Chairperson to request that the auditor attend tonight, and Chairperson Heavilin was opposed to having the auditor present. He felt this action was inexcusable and if the auditor were present tonight, the auditor could answer many of the questions that members wanted to ask. Mr. Fenton held Chairperson Heavilin fully responsible for not having the auditor present tonight. Chairperson Heavilin explained that she spoke with the auditor prior to Mr. Fenton's request. She pointed out the audit was a draft, but the auditor was willing to discuss it over the phone with any Board member. Since staff had not received the audit until this morning, Chairperson Heavilin did not think the audit should be discussed publicly until everyone had an opportunity to review it. She took responsibility for this action. Mr. Barretta did not think that the content of the audit actually had anything to do with Mr. Hutchinson's resignation. Further, the items referred to in the audit were actually routine discrepancies that occur when an organization is undergoing the growth that the CRA is going through. He pointed out that many of the "infractions" resulted because the Board had not yet set policies to address them. He concluded that this was why the auditor referred to the discrepancies as "infractions." Mr. Myott also spoke with the auditor and when the conversation concluded, the auditor informed him that some housecleaning regarding the Board's policies was necessary. He asked the auditor if what occurred was uncommon in a new and growing board, and the auditor informed him that this was not unusual in this case. Mr. Barretta thought members should have been afforded an opportunity to review the audit so that their questions could be answered. He felt these issues had to be addressed under any circumstances. Chairperson Heavilin pointed to the growth that the CRA has been going through compared to other CRAs and she felt that Mr. Hutchinson has done an incredible job in getting the CRA where it is today. Even though his performance was not perfect, she highly praised his vision. Chairperson Heavilin thought he would be greatly missed. She was in favor of having him remain as a consultant to the eRA and recommended drafting an agreement and bringing it back to the Board for approval. She recommended the agreement be negotiated between Legal and Mr. Hutchinson. Mr. Barretta considered Ms. Bright to be an excellent choice for the CRA Executive Director position. In addition, with Mr. Hutchinson's consulting status to the Board, this 19 9255 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida October 11, 2005 should prove to be an excellent arrangement. Ms. Bright could pick up the management skills lacking by Mr. Hutchinson. In the long run, he felt this Board and the City would be stronger with this new structure. Vice Chair Tillman fully concurred with Mr. Barretta. During the interview by the Board of Ms. Bright for the Assistant Director position, he determined that she was confident and could fill the role as the Executive Director at any time. With regard to Mr. Hutchinson's resignation, Vice Chair Tillman felt that the audit was the catalyst that caused him to resign. Mr. Hutchinson confided in Vice Chair Tillman that "underhanded" things were going on and Mr. Hutchinson felt he could not deal with the audit. Vice Chair Tillman said that the CRA must move on and he was in favor of keeping Mr. Hutchinson on as a consultant. He respected Mr. Hutchinson's visionary talents, but acknowledged that he lacked human resource skills. Vice Chair Tillman felt that Mr. Hutchinson has done a tremendous job for the community and the CRA. Chairperson Heavilin commended Mr. Hutchinson for organizing a tremendous staff and she was confident that they would carry on regardless of what happened. Mr. Fenton asked Mr. Barretta to clarify his comment that the audit was not the defining moment for Mr. Hutchinson's resignation and to expand upon that comment, since Mr. Fenton felt the audit resulted in Mr. Hutchinson's resignation. Mr. Barretta requested that Mr. Fenton direct this question to Mr. Hutchinson. Mr. Barretta requested Chairperson Heavilin to call the question on his motion. Attorney Spillias asked for clarification on the consulting portion of the motion and what the Board was contemplating Mr. Hutchinson's role would be. Would Mr. Hutchinson continue working as a consultant on a fulltime basis under the current payment terms of the contract or would he be paid on a per diem or hourly basis based upon services provided? Attorney Spillias would like direction in negotiating a consultant's agreement that would be presented to the Board at the next meeting. Mr. Myott thought that this was something the Acting Director could address since she would know how much of Mr. Hutchinson's services would be needed. Mr. DeMarco was opposed to try to second guess what could happen and he was unaware of the issues that members brought forward. He felt that members should have an opportunity to speak with Mr. Hutchinson on an individual basis to learn what happened. Further, Mr. DeMarco pointed out that Mr. Hutchinson may not want to remain with the CRA and this needs to be determined. He was opposed to this Board taking any action except appointing an Interim Director. The Recording Secretary played Mr. Barretta's motion back for the benefit of the Board. Mr. Barretta noted he amended his motion. The intent of the amendment is that Mr. Hutchinson would be paid at his existing rate set out in his contract. Mr. Hutchinson would serve as he and Ms. Bright deemed appropriate. If they cannot agree on this, it 20 9256 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida October 11, 2005 could be brought back to the Board for discussion. Also, the Board could address and approve any specific issue of the contract being drafted by the Board Attorney. Mr. Myott thought a special meeting maybe necessary before the Board's next regular meeting. Ms. Horenburger asked if Mr. Barretta's motion would include Mr. Myott's comment that the Interim Director come back with a recommendation. Attorney Spillias thought that Mr. Myott's comments were that Ms. Bright in the interim would make the determination of how much of Mr. Hutchinson's services were needed while the consultant's contract was being developed and brought back to the Board. Mr. Barretta concurred with Attorney Spillias' comments and requested those comments be included in his motion. Mr. Fenton inquired if Ms. Bright determined that Mr. Hutchinson's services were no longer needed, she would not have to hire him. Mr. Barretta said this would only apply until the Attorney came back with an agreement for discussion. For clarification, Mr. Barretta's motion gave Ms. Bright the full and absolute power of the current Executive Director, and Mr. Hutchinson would be hired as a consultant. However, Ms. Bright would determine the exact amount of time and duties. Vote Motion carried 6-0 (Mr. DeMarco abstaining). Mr. Fenton inquired if Mr. DeMarco could abstain and was informed he could not. Ms. Horenburger recommended granting Mr. Hutchinson two month's pay, his unused sick and vacation time, and two months of COBRA payments. Mr. Barretta felt this was premature. Mr. Fenton pointed out Mr. Hutchinson's contract stated if his employment was terminated by mutual agreement, and in this case it has, he would receive his base salary, plus a payment of 90 days salary. Attorney Spillias said the Board first needed to determine if Mr. Hutchinson would accept the consulting arrangement. He may wish to go elsewhere and to take the severance package in his contract. Attorney Spillias requested they speak with Mr. Hutchinson to determine what he wanted to do and then report back their findings. Once all this is known, a decision on the severance issues could be properly addressed. If he does accept the consulting agreement, Attorney Spillias would try to balance the employment agreement with the consulting agreement. He felt all of this was subject to negotiation. Members thought a special meeting might be necessary. Attorney Spillias recommended speaking with Mr. Hutchinson to determine his plans, at which point the Chairperson would be contacted and a special meeting could be called. Mr. Barretta did not see the need to set a date for a special meeting at this time. Attorney Spillias inquired if the Board wanted to continue Mr. Hutchinson's benefits in the interim until such time he got back to the Board with a negotiated agreement or no agreement. 9257 21 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida October 11, 2005 Motion Mr. Barretta moved to continue all of Mr. Hutchinson's current benefits. Motion seconded by Vice Chair Tillman. Ms. Horenburger did not think the insurance company would continue to provide health insurance to Mr. Hutchinson who was not technically employed. Robert Reardon, CRA Controller, pointed out under COBRA regulations, Mr. Hutchinson could be offered COBRA tomorrow, but he would have to pay for it himself. He pointed out, however, that Mr. Hutchinson's health benefits have been paid through the end of the month. Attorney Spillias felt the issues would be resolved prior to the end of the month. B. Approval of Loan Resolution No. R05-04 Resolution of the Board of Commissioners of the Boynton Beach Community Redevelopment Agency authorizing a modification to the Agency's Promissory Note dated September 11, 2001, in order to reduce the interest rate thereof; and providing for an effective date. Motion Ms. Horenburger moved to approve Resolution No. 05-04. Motion seconded by Vice Chair Tillman and unanimously carried. C. Multi-Cultural Carnival D. Heritage Fest Chairperson Heavjlin pointed out that these two items were added to the agenda because of time constraints and members had been presented with a handout regarding these two new items. Lisa Bright, CRA Interim Director, thanked the Board for their vote of confidence and said she would work very hard to fill Mr. Hutchinson's shoes. In addition, Ms. Bright acknowledged the great CRA staff. Ms. Bright thought that staff had not discussed with the Board an events package that they would like the CRA to focus on. Ms. Bright requested that the Board continue its support for Heritage Fest. She and Margee Adelsperger have been working hard on improving the cultural events in the City. Heritage Fest would be one such event and the CRA originally agreed to support the festival with a concert. Staff is recommending this commitment be approved, but staff would control the direction of the concert. For clarification, Chairperson Heavilin pointed out the eRA would run the concert for the benefit of Heritage Fest. Ms. Bright pointed out the CRA staff would be working in conjunction with the Heritage Fest committee to develop an overall theme for the 2006 22 9258 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida October 11, 2005 Heritage Fest. Ms. Bright pointed out events take place for an entire month. A venue for the concert still needs to be determined, but she would like the Board to commit to the CRA's support for the event. Motion Mr. Barretta moved for approval. Motion seconded by Mr. DeMarco. Attorney Spillias pointed out that one of the items in the agenda memo includes a request from Heritage Fest that his law firm, on a pro bono basis, assist them in applying for their 501 (c)3 status. Attorney Spillias said there was an attorney in his office that has offered to do this. He inquired if the Board felt there might be a conflict in following through with this in view of his firm's relationship with the CRA. Chairperson Heavilin thought if they did this for one entity, others might also request the same treatment. She pointed out that she has done this herself and it is not difficult or expensive. To avoid a conflict, Vice Chair Tillman inquired if Attorney Spillias could recommend another firm that might provide this service. Attorney Spillias will work with Vice Chair Tillman on this. Angela Girtman, the Chairperson of Heritage Fest, inquired if the CRA would be selecting and booking the talent for the concert. Ms. Bright confirmed the CRA would be doing this, but would work with the Heritage Fest Committee to select an appropriate group and venue. Chairperson Heavilin pointed out that this was a partnership venture that should be adhered to. Vote The motion unanimously carried. Mr. Bright pointed out that in past years the event had a multi-cultural holiday carnival that took place in conjunction with the City's Holiday Parade. Staff appropriated $10,000 for a holiday carnival to take place the weekend of November 19th and 20th. Staff would also like to hold a holiday concert with a budget of $15,000 in its place. City staff was not in favor of the holiday carnival, and, as a result, Ms. Bright is recommending that the carnival be cancelled. She did not feel this was a cultural event and based her decision on comments made by the police and the problems that occur with running a carnival. A decision needs to be made tonight, because she has to sign the contract tomorrow. She felt the money could be used more wisely by holding a jazz concert in front of the Old High School. She has already spoken with a jazz trio that plays a full holiday set and other musicians. Also local high schools and gospel groups would be invited to participate. By eliminating the carnival, staff could focus on one premier holiday event that would be a better utilization of staff's resources and funds. This is budgeted at $15,000. 9259 23 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida October 11, 2005 Mr. Myott reminded Ms. Bright not to forget the children. Mr. Bright reported she has spoken with the Director of the Schoolhouse Children's Museum and she will be bringing these events back to the Board. Chairperson Heavilin asked about the remaining $10,000 if the carnival were eliminated. Ms. Bright responded the money would go back into the events' budget. Chairperson Heavilin noted for clarification the jazz concert would take place during the weekend of the tree lighting, which Ms. Bright confirmed was the weekend before Thanksgiving. Motion Mr. Barretta moved to eliminate the carnival and to go forward with the holiday concert that would include children events. Motion seconded by Vice Chair Tillman and unanimously carried. X. Board Member Comments Mr. Myott pointed out in his packet there was a draft RFP for the Heart of Boynton that he has marked up and he offered to share his comments. Chairperson Heavilin recommended he provide those to Ms. Brooks. XI. Director's Report Mr. Barretta requested the reading of the Director's Report be waived. Ms. Horenburger asked about the status of the Savage Creatures. Attorney Spillias recalled this item was going to be deleted from the report until staff would be making a presentation. With regard to the interim audit, Chairperson Heavilin reported that once staff has reviewed the report, arrangements would be made for the auditors to come before the Board to answer questions and then they could proceed with the final audit. With regard to the interim audit, Mr. Reardon informed the Board they could accept it as presented, or the Board could review it by line item. Mr. Reardon noted he is charged with devising a mitigation plan point-by-point and he will begin this process. He just received the draft today at 3:30 p.m. and has not reviewed it. Mr. Barretta recommended they allow Mr. Reardon an opportunity to review the audit completely and then he could bring a recommendation back to the Board. Chairperson Heavilin agreed with this process. Mr. Reardon will have a report by the end of the week and will bring his recommendations to the Board. Chairperson Heavilin asked Mr. Fenton if he still wanted the auditors to come before the Board. Mr. Fenton felt it was no longer necessary. Ms. Horenburger inquired if the draft audit was public information. Attorney Spillias pointed out it has been disseminated to all Board members. 24 9260 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida October 11, 2005 Ms. Horenburger noted there was an inaccuracy in the report that she clarified with the former Controller. Ms. Horenburger wanted the press to be aware that she confirmed with the former controller that Ms. Vielhauer did not leave the employ of the CRA until May 1th. XII. Legal No report XIII. Other Items XIII. Future Agenda Items A. Workshop Meetings to be held on the following dates: 1. Monday, October 24th at 6:30 p.m. Library Proqram Room . Joint Workshop with City Commission 2. Thursday. November 17th at 6:30 p.m. (TBD) . Consideration of the Results of the HR Study XIV. Future Project Preview XIV. Adjournment There being no further business, the meeting properly adjourned at 9:22 p.m. Respectfully submitted, Barbara M. Madden Barbara M. Madden Recording Secretary (October 12, 2005) 9261 25 < . BOYNTON BEACH Requested CR<\ Meetin!!: Dates D January 11, 2005 D February 8, 2005 D March 8, 2005 D April] 2, 2005 D May] 0, 2005 D June 14,2005 NATURE OF AGENDA ITEM BOYNTON BEACH CRA AGENDA ITEM REQUEST Date Final Materials Must be Turned into CRA Office December 28, 2004 (Noon) Requested CR<\ Date Final Materials Must be Turned into Meetin!!: Dates CRA Office D July 12, 2005 June 28, 2005 (Noon) D August 9, 2005 July 26, 2005 (Noon) D September 15,2005 August 30, 2005 (Noon) D October II, 2005 September 27, 2005(Noon) . November 8, 2005 October 25,2005 (Noon) D December 13,2005 November 29, 2005 (Noon) D Old Business D Legal D New Business D Future Agenda Items D Other Item January 25, 2005 (Noon) February 22, 2005 (Noon) March 29, 2005 (Noon) Apnl 26, 2005 (Noon) May 31, 2005 (Noon) . Consent Agenda D Director's Report DATE: November 3,2005 SUBJECT SUMMARY PARAGRAPH: The SEBOF self-assembly group is seeking reimbursement in the amount of $1,739 for expenses relating to the execution of an appraisal for the assembled site. RECOMMENDATION: Approve the reimbursement in the amount of $1,739. EXPLANATION: (Background of the issue: Who, What, Where, When, How, Etc.) The SEBOF self-assembly group was awarded an Assembly and Redevelopment Grant in the amount of $15,000 to assemble a 6.0 acre parcel within the Mixed-Use High district. The group has the majority of property owners involved in the assembly and are moving forward to execute the MOU, FISCAL IMPACT: The fiscal impact is $1,739 of which was budgeted in the 2004-2005 budget. The balance of available grant funds after payment of the attached invoice is $5,766,20. AL TERNATIVES: Do not approve reimbursement of expenses, 0~~B'~"O' '\ .\:)..),;';\ -~ J J!// _\,j ~ Lisa Brigf9Interim CRA Director 9262 R :ISelf-Assembly G ro u ps IS E 80 F\re imbreq uest#2. doc Oct. 11. 2005 2:18PM 01e'T10n and La'sen, PA No.6747 P.2 SIEMON & LARSEN, P.A. Mizner Park 433 Plaza RE:8.l, Suite 339, Boca Raton, Florida 33432 Telephone (561) 368-3808 - Facsimile (561) 368-4008 E-Mail-info@siemonlarsen.com October 3,2005 Mr. Mike Bowden Scobee-Carobs-Bowden Funeral Home 1622 North East Fourth Street Boynton Beach, FL 33435 Re: Cantrell Real Estate, Inc. Appraisal Invoice Dear Mike: Enclosed you will find an invoice from Cantrell Real Estate for the appraisal of the SEBOF Parcel. Please send a check in the amount of $3,478.71 to Cantrell Real Estate. In addition, please send a copy of this invoice to Vivian Brooks of the Boynton Beach eRA in the enclosed prepaid envelope. As always, should you have any questions or concerns, please do not hesitate to contact me. Sincerely, ~k Enclosure 9263 BOYNTON BEACH CRA AGENDA ITEM REQUEST BOYNTON BEACH Requested CRA Date Final Materials Must be Meetin!!: Dates Turned into CRA Office 0 January II, 2005 December 28, 2004 (Noon.) 0 February 8, 2005 January 25,2005 (J\oon) 0 March 8,2005 February 22, 2005 (Noon) 0 April 12, 2005 March 29, 2005 (Noon) 0 May 10,2005 AprIl 26, 2005 (Noon) 0 June 14,2005 May 31, 2005 (Noon) NATURE OF AGENDA ITEM . Consent Agenda o Director's Report DATE: November 3,2005 SUBJECT SUMMARY PARAGRAPH: Requested eRA Date Final Materials Must be Turned into Meetin!!: Dates CRA Office 0 July 12, 2005 June 28, 2005 (Noon) 0 August 9, 2005 July 26, 2005 (Noon) 0 September 15, 2005 August 30, 2005 (Noon) 0 October] I, 2005 September 27, 2005(Noon) . November 8, 2005 October 25,2005 (Noon) 0 December 13, 2005 November 29, 2005 (Noon) 0 Old Business 0 Legal 0 New Business 0 Future Agenda Items 0 Other Item The Boynton Beach Railroad self-assembly group is seeking reimbursement in the amount of $964.61 for legal expenses relating to the execution of the Memorandum of Understanding and developer negotiations. RECOMMENDATION: Approve the reimbursement in the amount of $964,61. EXPLANATION: (Background of the issue: Who, What, Where, When, How, Etc.) The Boynton Beach Railroad self-assembly group was awarded an Assembly and Redevelopment Grant in the amount of $15,000 to assemble a 4.3 acre parcel. All of the property owners have executed the Memorandum of Understanding, The property is being marketed to developers at this time. FISCAL IMPACT: The fiscal impact is $964,61 of which was budgeted in the 2004-2005 budget. The balance of available grant funds after payment of the attached invoice is $3,731. AL TERNATIVES: Do not approve reimbursement of expenses. --V~~ Vivian L. Brooks, Planning Director ~-\. , \ 'l' , ,) ')\.(..t"\ ,. \ 9264 \IFp1 \users\BrooksV\Misc\CRA Agenda Item Request 2005- Blank.doc ~Ruden ~~I McClosky 200 EAST BROWARD BOULEVARD SUITE 1500 FORT LAUDERDALE, FLORIDA 33301 POST OFFICE BOX 1900 FORT LAUDERDALE, FLORIDA 33302 (954) 527-2476 FAX (954) 333-4076 BONNIE. MISKEL@RUDEN.COM October 21,2005 Ms. Vivian L. Brooks Boynton Beach eRA 639 East Ocean Avenue Suite 103 Boynton Beach, FL 33435 Re: Representation of the Railroad Avenue Self-Assemblage Group Dear Vivian: Enclosed is my October invoice for representation in connection with Part 1 of the self- assemblage representation. Pursuant to your program, please forward a check made payable to this firm in the amount of 50% of the invoice. If you have any questions or need additional information concernmg the any of the enclosed, please do not hesitate to call. Sincerely, ;/) '..--// C'Ll::?t"K "....f Bonnie L. Miskel BLM/bab Enclosure 9265 FTL: 1560820: 1 RUDEN, McCLOSKY, SMITH, SCHUSTER & RUSSELL, P.A. CARACAS. fT. LAUDERDALE. MIAMI' NAPLES. ORLANDO' PORT ST. LUCIE . SARASOTA' ST. PETERSBURG. TALLAHASSEE. TAMPA' WEST PALM BEACH I Ruden ~~ McClosky RAILROAD AVENUE SELF ASSEMBLY GROUP c/o Kenneth Schweitzer 321 North Railroad Avenue Boynton Beach, FL 33435 FOR PROFESSIONAL SERVICES RENDERED FEDERAL ID# 59-1307357 200 EAST BROWARD BOULEVARD FORT LAUDERDALE, FLORIDA 33301 POST OFFICE BOX 1900 FORT LAUDERDALE, FLORIDA 33302 TEL (954) 764-6660 FAX (954) 764-4996 r - October 19, 2005 Invoice No. 881706 File No 53367-0001 Permitting in Boynton Beach / Assemblage and Sale of Multiple Parcels of Property in Boynton Beach 09/01/05 B. Miskel 1 .1 385.00 09/01/05 L. Cotty 12 204.00 09/02/05 K, Glas-Castro 0.4 64.00 09/02/05 L. Cotty 2.7 459,00 09/08/05 B. Miskel 1.1 385.00 09/08/05 C. Bertchlnger 0.7 115.50 09/09/05 B. Miskel 05 175.00 09/23/05 J. Rembaum 0.2 45.00 09/26/05 B. Miskel 0,2 70.00 1.,-...1,...,,(""'\ I'VUr..::> TOT AL FOR SERVICES DISBURSEMENTS Long Distance Telephone Travel Expenses - Kim Glas-Castro Mileage Check Disbursement - City of Boynton Beach 09/13/05 09/27/05 Reviewed and revised package Edit and finalize and send CRA proposal summary. Order sketches from Avirom for abandonments; consideration of abandonment needs Create and assemble exhibits; edit proposal. Telephone conference with B, Oliver regarding AL TA survey; telephone conference with M. Avirom regarding nature of survey and legal for abandonment. Research regarding Ownership and Encumbrances Report; telephone conference with B. Herold regarding same. Reviewed parcel exhibit; telephone conference with M. Avirom regarding same. Telephone conference with surveyor as to renderings and follow up thereon. Reviewed Avirom survey draft. 6.i $1,902.50 4.00 1207 10.64 $26.71 AMOUNT DUE THIS INVOICE TOTAL FOR DISBURSEMENTS $1,929.21 9266 THIS LAW FIRM HAS A LATE CHARGE POLICY SIMILAR TO MOST COMfv'lERCIAL ESTABLISHMENTS YOU MAY AVOID IMPOSITION OF THIS LATE CHARGE BY PAYING YOUR INVOICE WITHIN 30 DAYS THE LATE CHARGE IS 1 % OF THE UNPAID BALANCE PER MONTH ~I Ruden ~I McClosky FEDERAL ID# 59-1307357 200 EAST BROWARD BOULEVARD FORT LAUDERDALE, FLORIDA 33301 POST OFFICE BOX 1900 FORT LAUDERDALE, FLORIDA 33302 - - TEL (954) 764-6660 FAX (954) 764-4996 - RAILROAD AVENUE SELF ASSEMBLY GROUP c/o Kenneth Schweitzer 321 North Railroad Avenue Boynton Beach, FL 33435 October 19,2005 Invoice No. 881706 File No. 53367-0001 REMITTANCE COpy PLEASE SEND WITH CHECK FEES $1,902.50 COSTS $26.71 AMOUNT DUE THIS INVOICE $1,929.21 OUTSTANDING INVOICES Date Invoice Number Amount Outstanding 07/25/2005 862134 $2,127.25 08/22/2005 868634 $916.75 09/19/2005 874339 $3,869,00 $6,913.00 9267 THIS LAW FIRM HAS A LATE CHARGE POLICY SIMILAR TO MOST COMMERCIAL ESTABLISHMENTS. YOU MAY AVOID IMPOSITION OF THIS LATE CHARGE BY PAYING YOUR INVOICE WITHIN 30 DAYS. THE LATE CHARGE IS 1% OF THE UNPAID BALANCE PER MONTH. BOYNTON BEACH Requested CRA Meetin!! Dates o January II, 2005 o February 8, 2005 o March 8,2005 o April 12,2005 o May 10, 2005 o June 14,2005 NA TURE OF AGENDA ITEM DATE: November 3,2005 BOYNTON BEACH CRA AGENDA ITEM REQUEST Date Final Materials \Iust be Turned into CRA Office December 28, 2004 (Noon.) Requested CRA Date Final Materials Must be Turned into Meetin!! Dates eRA Office 0 July 12,2005 June 28, 2005 (Noon) 0 August 9, 2005 July 26, 2005 (Noon) 0 September 15,2005 August 30, 2005 (Noon) 0 October 11,2005 September 27, 2005(Noon) . November 8, 2005 October 25, 2005 (Noon) 0 December 13, 2005 November 29, 2005 (Noon) 0 Old Business 0 Legal 0 New Business 0 Future Agenda Items 0 Other Item January 25, 2005 (Noon) February 22, 2005 (Noon) March 29, 2005 (Noon) April 26, 2005 (Noon) May 31, 2005 (Noon) . Consent Agenda o Director's Report SUBJECT SUMMARY PARAGRAPH: Ocean Chiropractic was awarded a Fal;ade Grant to improve the exterior of their building located at 228 E. Boynton Beach Blvd, They are seeking reimbursement of $15,000 per the grant agreement. RECOMMENDA TION: Approve the reimbursement in the amount of $15,000. EXPLANATION: (Background of the issue: Who, What, Where, When, How, Etc.) Ocean chiropractic completed the full renovation of their building and landscaping per the Grant Agreement. Total funds expended for the project is $43,120. FISCAL IMPACT: AL TERNATlVES: The fiscal impact is $15,000 of which was budgeted in the 2004-2005 budget. This will close out the grant. expenses, .1); 9268 W:lfacade grantslOcean ChiropracticlOceanfacadereimb.doc !J' 9269 I- w o e CITY OF BOYNTON BEACH P.O. BOX 310 BOYNTON BEACH FL 33425 C E R T I FIe ATE o F o C CUP A N C Y PER MAN E N T Issue Date 8/31/05 Parcel Number Property Address 08-43-45-28-03-003-0070 228 E BOYNTON BEACH BLVD BOYNTON BEACH FL 33435 Subdivision Name Legal Description Property Zoning TOWN OF BOYNTON LTS 7,8 & E 23 FT OF LT 9 BLK 3 COMMUNITY COMMERCIAL Owner . . . HUDSON VALLEY HOLDINGS Contractor PARADISE DEVELOPMENT LLC 561 436-8723 Application number Description of Work Construction type . Occupancy type Flood Zone . . . . Special conditions OCEAN CHIROPRATIC 05-00000408 000 000 RE-MODELING Approved CENTER BuA~ VOID UNLESS SIGNED BY BUILDING OFFICIAL 9270 CITY OF BOYNTON BEACH P.O. BOX 310 BOYNTON BEACH FL 3~425 C E R T I F I CAT E o F OCCUPANCY PER MAN E N T Issue Date 8/31/05 Parcel Number Property Address 08-43-45-28-03-003-0070 224 E BOYNTON BEACH BLVD BOYNTON BEACH FL 33435 Subdivision Name Legal Description TOWN OF BOYNTON LTS 7,8 & E 23 FT OF LT 9 BLK 3 COMMUNITY COMMERCIAL Property Zoning Owner . . . HUDSON VALLEY HOLDINGS Contractor PARADISE DEVELOPMENT LLC 561 436-8723 Application number 05-00000409 000 000 Description of Work RE-MODELING Construction type . Occupancy type Flood Zone . . . . Special conditions OCEAN CHIROPRATIC Bui Approved VOID UNLESS SIGNED BY BUILDING OFFICIAL 9271 OcHH005 l2:04pm From-WACHOVIA BANK FL809 561-338-6039 T-222 P 001/001 F-338 HUDSON VALLEY HOLDINGS, LtC MONEY MARKET ACCOUNT 56 River Drive Ph. 561-054-5700 Ocean Ridge. FL 33435 :;~bWm:r ~ ~l"~ ~\J - . ~~ f.~~,,~~ll~ . WACHOVIA w~ Sank. N.A ~~ 1007 ~~'Z.~ :~1 OAU J $~o.-~ ; -.-- - - (- . -'.- a. ."..,.,. OolLA]t!; L!J ~~~.:. fOR ~ " ~ ~~t.1 · P"--..-."" · -..,......... · ..-......._,0[,. ...-,-...-...... ..-""....... .~~."l .. ~'!.---..... -'"'!-"--1,. fC.._.V<--.__. 1:0 b 700 b ~:J ~I: 20000 2 .... ~ so 5 1.,,- ~OO? '''0000500000..' \ ... ~ .. 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Pilge 1 9272 Oct-19-2005 12:3lpm From-WACHOVIA BANK FL809 561-338-6039 T-229 P 005/009 F-350 HUDSON V ALLEY HOLDINGS, LtC MONEY MARKET ACCOUNT 56 River Drive Ph. 561-654-5700 0c2an Ridge, FL 33435 1008 A~W1-tfsz:\:)~ =~, '0 DAle ~bWBl'---r u...e.ku- ~.0~ ~~ let J $ _12-; O?C ~ :J~~ ~~~J. ~ ~. . WACH0VJ4 W.::I'lcMa ac.M. N.A. -=r.a.1I..CQn 0. ....... IX)L[J\RS UJ ~.:.. FOIt . I:Ob ?OObt. 321: 20000 2 ,l. ~ SO 5"'1,1 ~ooa ...000 * 2000001,1 I~;~ ~ ~..,.___c. ........,.......,..~.. ~'.^""'--A" ~-_...~........----........ ..J1It-...C6'!-- ......................-.,. ,...,..'"t.......c.. "'.'-~41.."...1 _____ __ _._ ._.... h.. .. _. _ ,.. .. _.. '" _ .._.. _______ _ . - . - .....~':""::---~..._--,..... -~ -'" -.--1-___._............. w- i:. (,II Vl ~ 3 ~ ~ ":. ") ...r. ;; .. 'T1 ~ ~ ~ ...... -; "'~.1~,; 01; c ..) ~ ~- <. .. - 0 ,.. ii~ ~ !!. - ~ . . . ~ -;~ ',," '" ~ ~. ,.) ...... ,.."",---... _.. .. ","t,;.. ,. 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Page 1 9273 Oct-:9-2005 12:31pm From-WACHOVIA BANK FL809 561-338-6039 T-229 P.006/009 F-350 HUDSON VALLEY HOLDINGS, LtC MONEY MARKET ACCOUNT 56 River Drive Ph. 561~54-5700 Ocean Ridge r FL 33435 b1.11'll3l" -(v.cku- ':.DeS#, b "'-I I J ~~'.4.J~J ~"'~ l.-t~~ ~ II WACHOVIA Wachovia Bank, N.A. 'InK:t>o\iIa.ocm 1009 AU ,,-r+- J b) zoo.0'.::~, OATE " ~ J $ .1~DO-r:; '/-)(.. ..:.--- (~ tn 'H...... 1..1....,.. DCI,LAR5 . ~:"- roR w 1:0 I; 700 b ~ 1 21: 20000 2 . ~ .505 L.1I1 100 q 1110000750000." ~e~~~'c-~~~:';:'~'':.:-''''..c. .....f........._;..-< ~':::'."~.--.'1l:...~..::.~" )It--=.._-':.:.....-<."!"..~-:;-"..I.....=.~_._~!.=.:u..~.:;.:'~:~':!-~1...h~..-<:' ~. a.i'ltl, 68~ q-. R .~ L..V) ,~ Ot .... ~ ,0 :... t"'. ,'. :;.,. i ;~~ ,-,\b:G) "..; J r 1 t.,. /'1'1: r:.:a:c '".J ~ a.... ~ . - - - ~ Or . --.:l. -....) ~.6 ~ ,. ,..~. --~ ~U\ ...t:. G 0:::> ~ - ~ --- I . ... -...... -: -. ",,,,... .... 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WACHOVIA Wachovia Bank, N.A. wllCt-oQv\a.,;:om FOR 561-338-6039 T-229 P 007/009 F-350 1010 , ~ \~ '- - I "'- ~ 63-643/670 '#T'~ ) ~ BfWlCriM411 DATE I $'.:?~ a ~.C\l'Il, ->lJllLl.^J(~ L!J i:.~~.':' If' 1:0 b 700 b 1., l 21: 20000 2 * t. . SO Sl.nl ~O ~O al'OOOO ~OOOOOI\' ~i~:.3":~~"""~::C;:."c. 4\..:i-~u.u:..u:~.::-:--c ....,.::.:...~!":.=...-.4._. :.-............:..~..,.....u.h.....-c.... ~~h...t.:-'\~~u.:.1..~..::--c....t ~':.:;~.-~."". ~...~:~:=::--'~- ~ z ..~ 0\ 6 ~.~ f~(; ::;::\ ~ - :.' . ....;~.~ C\)O~ ~ ". ~ CJ , ".' '.. -"..~ f'V ~ __ , ." ,.: ,- "" \ · J to · /',.1 I '-' . . . ........ " I .1 CS, ... . J ., I ." t . .r .; . .. I :..r.. . - . - l.. J . ..., -....- ("'-.,: ...... ~ '\..". ,. "\. ... '- '\... "\. . ~.,J e6.31$7513 1'1 (] R THE f{J\1 T f~l; ~.:; T ":-' ~O t~'ii 0 O~ (Ji:, h ~ ~ pp(tn[i;-;: : ;_~~ ;:.a~i( "9"?i~ 11') t , 0 ~.l .:=t q ~:~ 7 . ~ ~~ () () L.. ~,..l I,) 1:\ ~ () (:,.L'\ ':~ ~ ~ .'1'" ~~ .a...,.- ....;,;-c..~.. ~. _, \ '11> ~.... "-l'....... - 'I '..r _.... ... t:.& ".. ~ ~ .._~ ~ ---. 4~~~;~t);Z;; 1~ " .. -c ~ ~'" I ~ ') ~,., I 'I - _J I . J , ~1 Status 000002000021415054 $3.000,00 Serial Number Sequence Account Dato Amount 000000000001010 00000000004430789515 Posted Items 9/2/2005 Wachovia Bank N.A certifies that the above image is a true and exact copy of the original item issued by the named customer, and was produced from original data stored in the archives of Wachovia National Bank or Its predecessors. Page 1 9275 Oct-19-2005 01 :04pm From-WACHOVIA BANK FL809 . .~...tr T-231 P.001/00l lV" ~/;~=~' OATE 561-338-6039 F-352 I HUDSON V ALLEY HOLDINGS" LLC MONEY MARKET ACCOUNT 56 River Drive Ph. 561--654-5700 Ocean Ridge, }'"L 33435 ~N8tE ~ ~- ov.\'ld. $'8C9~' . __~-' --l~ '1h~ ~~'-'~t'^d . '" ~ ~--' c~ --- ~- OOl.LM6 tD '"(''''I''' '."",1.' r;>.l....""'" ..... WACHOVIA WachO'Iia Bank. N.A. ~ -~ ... \ \ _ . .~~.__~~ ._._~.__...,,~..,..._.~""_..-. ~....__..~u-"'--,...._...,........~.... .""'_...--.........."--_.~-_. I:Ob?OObt.,~ 21: 200002 Jalt J.SOS~". }.o . Ja ,"DODD ~aOOOO." '/) loTI . , t~ ~ - U) '1:1 (:" - \ ,. r:. -. :: .".., - . -.... '... . . . r ., ., -: ~2 ~ ' ~"" t..' _. .:; <:::> ( :- ~ -. .. '. " ) - t ~. ~ ~ . ,.: l' ~-., lS) I > 0 ~\~.o :')I:~ \.\J ~ l200jjO~~il\~[ ~ > () " " {' (' t". .. r'o (' , ., l::. ~:I _I .,J ::1 \.:' ;:!- ,) \. 163107513 f\l (J f{ THE f, i\J T H U ::; T )Q(\[~ tOO D !lI TO' , () ,." ....) .'1 ".,. ,. I C' 0 0 'i'\lJ'''l-SS.~~ ~\ 05Z7l ,,:, ~:) ( ~) \::. ...J ~_~~ onrt~5 ~?f\(. . __----J - . .- . :..:.. := ;- =- ~.-: ':. -:.: ------......- .:: .:.:: ..:--: : .. - : ---- --- - --- ,A.ccount AmOl.mt $3,000.00 Serial Nurnber sequem:e Status .,-- ~ 000002000021415054 Date 9/23/2005 000000000001011 00000000003239234113 posted Iten'lS Wachovia Bank N.A certifies that the above image is a true and exact copy of the original item issued by the named customer, and was produced from original data stored in the archives of Wachovia National Bank or its predecessors. Page 1 9276 Oc t-19-2005 12: 32pm F rom-II'ACHOV I A BANK FLB09 T-229 P,OOB/009 F-350 561-33B-6039 HUDSON VALLEY HOLDINGS. LLC MONEY MARkET ACCQUNT 56 River Drl\'e Ph. 561-654-5700 Ocean Ridge, Fl33435 1012 ~ 1:l)'2~ ~~1 DA.n f{mm'-r ~ ~()~ + 8...., Id I ~ 7770~':- ~~~~~ W~~5?.~Z147U01."'LA'" ~ ~]c . "'~H<n'ZA WachcMa Bank.. N.A. ~ FOR I: 0 b ? 0 0 b t. :l 2 I: 20000 2 ~ ... . 50 5 "'11- ~ 0 ~ 2 I" 0 aDO? ? ? 0 0 0 .1' o ~~.~~ ~ ~_"""U.":~~:'._'~':':'; . >..:.:...... ...."--1t...>...:._~~~'_.h4_.~......~--c ~_-----.c. ~-~_.__..._-c. ~~,u...u..!.u~..... .. ~-",-.,,,,,__ - '"' ! ] u _ ... - - :.:- ~ (...Jof U\ - '- --- \) -- ~ ~ ~\ -: ..", -"" ? O~ ~o ':-1 .-r, .. -,..,,~......... _ '"' ;-. ,__ ''-'.I -';." 0: ~~. .. :~;:J) ~ C:-~i..:O c.J"1 ........ I _ .. C" 1. - :',-'" :...:- ~. . .'U '....'! :..: ;..~ v. L..-..:;. "V" ) 0 l~..rJO~ '11 20($-1 . - " - , .- ;- - ~ ~ . :~: ~ ..- - . .: ... ... , .,- .:~: ~" " )06600~650< . _~~jQr\ 1?-.. .. It r"lo ~ H - ~ r. I T f' U ""' .... '. . PROCESSI~ 8M 3 n I Co nl\l ,~ I ~ ~~~~'36 1~~ I I 02.3 ~I 7 7 1.5 00 -....---- - - - ... - - ... -... ... - -.. -. -- - - - ~ ~ i-l..J:.~2cL:. ?.ii."2 '. :' ":'... 0.. i ~:~ ~ ; 1- :~.; ; z ::;~ Account Dale Amount Serial Number Sequence Status 0000020000214150G4 10/14/2005 $7.770.00 00000000000101200000000001737222344 Posted Items Wachovia Bank N.A certifies that the above image Is a true and exact copy of the original item issued by the named customer, and was produced from original data stored In the archives of Wachovia National Bank or its predecessors. Page 1 9277 Oct-;9-200S 12:30pm From-WACHOVIA BANK FL809 561-338-6039 T-229 P 003/009 F-350 " w......- HUDSON V ALLEY HOLDINGS, LtC 56~ver Drive Ph. 561--654-5700 Ocean Ridge, FL 33435 1145 ! '~tll~r DA..'{\ J /s~' C~~r.Pt l i ~r~rrgf 0- ~ , I ~'-'O~ y.3~ a.-....l--t~ * --- I. . WACHOVIA [ ~~HA .J'or 6- ~ Asf k,...,..... \,...)Q~ .: 0 I; ? 00 b ... 3 2': 20000 2 ~ 1, ~ SOb? 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'., ( . ~ I Account Date Amount Serilll Number Sequence Statu5 0000020000214150137 B/2212005 $2,100.00 000000000001145 00000000004633297067 Posled Items Wachovia Bank N.A certifies that the above image is a true and exact copy of the original item issued by the named customer, and was produced from original data stored In the archIves of Wachovia National Bank or Its predecessors. Page 1 9278 Oct-i9-2005 12:31pm From-WACHOVIA BANK FLa09 ~IU '~"~~~~ON V~Ll~Y -~~~OI~GS~ LLC I 56 River Drive Ph.561-(,s.t-57oo Ocean Ridge, FL 33435 561-338-6039 T-22.9 P004!009 F-350 1154 '-l;~; \ ;~ 11i1~ 111 t~r -=OcuJ "ds ~t c-...~.-h.""" .. O>rilrr of . -V-' I .~ ~1i-,^S""d ~c \-\\M.~J I .f v. l c....,J.,Vl ~""J '2.cOS' aw.c3l670 ~:..!.: ~ .w.CI'f aM' &it J$~ ~ ~ ~ ;1 6) .....,., ll11ars , ~'::~:.;;. .... WunIOVIA Wac..:vtI& SaM. H A WI/:I~ ]fat . W i .: 0 b ? 0 0 b l. 3 21: 20000 2 ~.. . SOb? 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Page 1 9279 Oct-19-2005 12:30pm From-WACHOVIA BANK FL809 ~'f:~DSON V AllEY HOLDINCS, LtC 56 River Drive Ph. 561-654-5700 Ocean Ridge, FL 33435 , 561-338-6039 T-229 P.002/009 F-350 1157 ~ , , \~ lJ<I~tu t1,r '" \.j~ ~\ i::l Q)r~ rr LIe ~ t i~ ~~ K"'"-~ 011 ~~ ~~_1 O::~~ I) '2~ Oiltr $ 5SO~ 6:Ho431670 BEv.N Ct111848' ~ ,.~ ~ ~ tD ....... ( ...1.... oll:ml , t::. 0- WACHOVIA WQChovia BatIk, N.A. llIKI\O'iIa.can ... 3ur -: 0 b ? 0 0 b l. ~ 21: 20000 2 ~ It ~ SOb? II' ~~S? ~OOOOOS5000t . -~ .-.J ~~'-'T": - - ~::._,' ~..."..... "'---'--- I ." f. ~ .! ~ ~ T l~ ;:: .;> 0 , ~ J ~ ~ " j' ::z " ~ " ~ :, ~ g. (j ~ . '! '!. i' - " '" ,. 'J ., -1 .... .... :r :J <0 ~ ~ " ~ :J ~ .. 0 ~ ~ co - ::?. ~ . " =- ~ - :-; - Vol ~\O .: "'" .~ m <;~ ,; ; \1 ~ t o 8 -J -I .. co , ;- ; ~ ~. II ::. i - :1 g;....a~ ~ ~;~~~i; J ~~ ; :;~;;~;. :: ~~ ~ ~..,~":~~~;' :l.:' "] .~:;...;o ~ ;-< : ~':.;lfta".:::.. Q.;; 'Q .... - :'" _ .. '!!:!' "U c; 'l..~.';in:;) "0 ~!. Q....."<;~ tt :::c: f ~~~s~.:-. ~ <;; )'; so;l'; 'I ~ D ~ ~ ~. ,; -; 2" ~;- ~ ~ ~ ~ ~-;; ',I f :J .. ~ . ~ - 4 ~ ".. . "",-..- I\~ ~n."_"'~~ "i : ~~o;- ~:; I.. .. ~;.2;: "! ~ !. _,,,: 0. " .;a -; l'\.;) . "-=-- ; . '" .. ... .' .. lQ7S1'3...:i ~ , IPJJA IIA ~ 0JJ1' ~: 0 .!. fl~m .", U6 . :-.:". ~=-_ .-41 : =-:-e. -:--:-'"., -. -:: -:::-: -:-~::.!.:.:.:::' --!....1.-~ .~.. ~ .----...-. - _..-..,,-~ -- ~......... .. - ..-. - -,- ... . '.' r- " $550.00 Serial Number Sequence Status 000000000001157 00000000003039044353 Posted Items Account 000002000021415067 Date 10/4/2005 Amount Wachovla Bank N.A certifies that the above image is a true and exact copy of the original item issued by the named customer, and was produced from original data stored in tile archives of Wacl10via National Bank or its predecessors. Page 1 9280 BOYNTON BEACH CRA AGENDA ITEM REQUEST BOYNTON BEACH Requested CRA Date Final Materials Must be Meetin!! Dates Turned into CRA Office 0 January II, 2005 December 28, 2004 (Noon.) D February 8, 2005 January 25, 2005 (Noon) D March 8, 2005 February 22, 2005 (Noon) D April 12, 2005 March 29, 2005 (Noon) D May 10, 2005 April 26, 2005 (Noon) D June 14,2005 May 31, 2005 (1\oon) NATURE OF AGENDA ITEM . Consent Agenda D Director's Report DATE: November 3,2005 SUBJECT SUMMARY PARAGRAPH: Requested CRA Date Final Materials Must be Turned into Meetin!! Dates CRA Office D July 12,2005 June 28, 2005 (Noon) D August 9, 2005 July 26, 2005 (Noon) D September 15, 2005 August 30, 2005 (Noon) D October II, 2005 September 27, 2005(Noon) . November 8, 2005 October 25, 2005 (Noon) 0 December 13, 2005 November 29, 2005 (Noon) 0 Old Business D Legal 0 New Business D Future Agenda Items D Other Item The Direct Incentive Program rewards development that meets the CRA's goals and objectives. However, as the CRA and program matures, changes to the program have become necessary particularly with regard to site plans, affordability and incentive amounts. RECOMMENDATION: Approve the recommend changes to the Direct Incentive Program, EXPLANATION: (Background of the issue: Who, What, Where, When, How, Etc.) The Direct Incentive Program is two years old. The intent of the program was to create architecturally significant projects with public amenities such as affordable residential and commercial space, plazas, art, etc. Small changes to the program and agreement are suggested to produce the desired outcomes. Direct Incentive Funding Agreement - Section 4. Developer's Obligation - Construction, Include "A major Site Plan Modification, as described by City of Boynton Beach Ordinance, shall terminate this Agreement ang4'e of no further force and effect" tiiii /j-\' ) ~f).l( Direct Ince~e Application- Add a requirement that the development proforma be submitted at time of application. This will help to determine the amount and appropriateness of TIF incentives, Common economic development practice limits public subsidy to projects that meet the "if not but for" rule, i.e., the project could not be developed with the desired public amenities without subsidy, 1. 2. 3. Application - Add a requirement that a marketing program for affordable units be submitted with application which describes to whom units will be marketed to and how this will be accomplished, which units are available at income restricted limits and the period of time units will be marketed. 4. Application - Add a requirement that affordable units be identified on site plan, the affordability levels identified, i.e.; 80%, 100% and the price of each affordable unit. I\Fp1\users\BrooksV\Misc\CRA Agenda Item Request 2005- Blank doc 9281 BOYNTON BEACH CRA AGENDA ITEM REQUEST None, ALTERNATIVES: Do not app'rove recommend changes. /] '1' J--. /', I ). ~;i). \.i( .\. +--- Lisa A. Brig~Jnterim eRA Director 9282 \IFp1 \users\BrooksV\Misc\CRA Agenda Item Request 2005- Blank doc BOYNTON BEACH CRA AGENDA ITEM REQUEST FORM Requested CRA Date Final Materials Must be Requested CRA Date Final Materials Must be Turned into Meetin!! Dates Turned Meetin!! Dates CRA Office into CRA Office 0 January I I, 2005 December 28, 2004 (Noon.) 0 July 12, 2005 June 28, 2005 (Noon) 0 February 8, 2005 January 25, 2005 (Noon) D August 9, 2005 July 26, 2005 (Noon) 0 March 8, 2005 February 22, 2005 (Noon) D September 13, 2005 August 30, 2005 (Noon) 0 April 12,2005 March 29, 2005 (Noon) D October J I, 2005 September 27, 2005(Noon) 0 May 10,2005 April 26, 2005 (Noon) 0 November 8, 2005 October 25, 2005 (Noon) 0 June 9, 2005 May 26, 2005 (Noon) 0 December 13,2005 November 29,2005 (Noon) NATURE OF D Consent Agenda D Old Business 0 Legal AGENDA ITEM 0 Director's Report 0 New Business 0 Future Agenda Items 0 Other Item DATE: November 3,2005 SUBJECT SUMMARY PARAGRAPH: The following CRA Board Meeting dates have been reviewed for conflicts and upon approval are ready for public noticing, RECOMMENDATION: Review and approve 2006 CRA Board Meeting dates. FISCAL IMPACT: None, ALTERNATIVES: Establish new dates for publication. /~~ (\ (~ YrUY Y ~ eRA S"ff 9283 T:\AGENDAS & MONTHLY REPORTS TO THE BOARD\2005-2006\CRA Board Meeting.11.8.05\2006 Board Mtg Dates.11.8.05.doc eRA BOARD MEETING DATES FOR 2006: . January 10th . February 14th . March 14th . April 11 th . May 16th . June 13th . July 11 th . August 15th . September 1 ih . October 10th . November 14th . December 12th These dates have been reviewed for conflicts with holidays and other major calendar events. 9284 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 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 56] -73 7-3256 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 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. BOYNTON BEACH CRA AGENDA ITEM REQUEST BOYNTON BEACH Requested CRA Date Final Materials Must be Requested CRA Date Final Materials Must be Turned into Meetine Dates Turned Meetin!! Dates eRA Office into CRA Office 0 January 11,2005 December 28,2004 (Noon.) 0 July 12,2005 June 28, 2005 (Noon) 0 February 8, 2005 January 25,2005 (Noon) 0 August 9, 2005 July 26, 2005 (Noon) 0 March 8,2005 February 22, 2005 (Noon) 0 September 15, 2005 August 30, 2005 (Noon) 0 April 12, 2005 March 29, 2005 (Noon) 0 October 11, 2005 September 27, 2005(Noon) 0 May 10, 2005 Apnl 26, 2005 (Noon) . November 8, 2005 October 25, 2005 (Noon) 0 June 14,2005 May 31,2005 (Noon) 0 December 13, 2005 November 29,2005 (Noon) NATURE OF 0 Consent Agenda 0 Old Business 0 Legal ITEM 0 Director's Report 0 New Business 0 Future Agenda Items Planning & . Zoning 0 Other Item DATE: November3,2005 SUBJECT SUMMARY PARAGRAPH: Daniel Spotts is requesting the abandonment of a portion of a public alley to the rear of his property located at 805 N, Federal Highway. RECOMMENDATION: Staff recommends approval of this request. EXPLANATION: (Background ofthe issue: Who, What, Where, When, How, Etc.) The City permits the abandonment of unimproved alleys, Portions of the alley have previously been abandoned by the City to the north of the property. Staff supports Planning Staffs recommended condition of: 1, The dedication of a utility easement or a revocable license agreement. FISCAL IMPACT: None. ALTERNATIVES: Do not approve abandonment request. ~~K_ Vivian L. Brooks,?tanning Director r~'l~(Lc\ Li.\ill Bright, Interi~jRA Director 9285 C:\Documents and Settings\brooksvWivian_shares\Development Activity\Eastside Lofts\CRA Agenda3rd review doc DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 05-185 TO: Chair and Members Community Redevelopment Agency Michael W. RumPf'{\d~ Planning and Zoning Director THRU: FROM: Kathleen Zeitler Planner DATE: September 26, 2005 SUBJECT: Abandonment Request of the Alley west of 805 North Federal Highway ABAN 05-007 NATURE OF REOUEST The applicant, Daniel Spotts, owner of Miami Aqua Culture, Inc., is requesting the City to abandon a portion of a public alley which abuts the rear of his business property located at 805 North Federal Highway (formerly Act II consignment shop, currently an unoccupied commercial building). This 20-foot wide unimproved public alley runs ih and south adjacent to and parallel with the Florida East Coast (FEe) railroad. The portion requested to be _.....andoned is approximately 20 feet in width by 50 feet in length, and a total of 1,016.7 square feet (0.023 acre) in area. Per the survey submitted with the application, the platted alley segment is legally described as follows: A portion of a 25 foot right-of-way lying west of Block 1 of Lake Addition to Boynton Beach as recorded in Plat Book 11, Page 71, of the public records of Palm Beach County, Florida, being more particularly described as follows: Being bound on the north and south by the westerly extension of the north and south line of Lot 17, of said Block 1. Bounded on the west by the west line of said right-of-way, said line also being the east right of way line of the Florida East Coast Railway, as shown on plat, and bounded on the east by the west line of said Lot 17, Block 1. It is important to note that the legal description on the survey submitted incorrectly states that the width of the right of way is 25 feet, when it is actually 20 feet in width. The survey submitted indicates no below ground improvements, footers, foundations, or utilities have been located or shown on the survey. The Location Map (see Exhibit "AIT) shows the general vicinity of the public alley right-of-way to be abandoned. The Proposed Abandonment (see Exhibit "B'') depicts the exact location of the subject site and its boundaries and legal description. The following is a description of the land uses and zoning districts of all properties that surround the subject portion of the public alley right-of-way. North - A portion of the 20-foot alley located to the rear of Lot 16 (a vacant 0.12 acre lot zoned C-4); South - A portion of the 20-foot alley located to the rear of Lot 18 (a 0.56 acre lot zoned C-4 used for vehicle repair); 9286 Page 2 Memorandum No. PZ 05-185 ABAN 05-007 East 805 North Federal Highway (Lot 17, Block 1 of Lake Addition to Boynton Beach Plat) zoned C-4 (applicant's property); and, West - A 50-foot wide railroad right-of-way for Florida East Coast (FEC) Railway. BACKGROUND The subject portion of the 20 foot wide alley lies within the boundaries of Lake Addition to Boynton Beach Plat. The approved plat was recorded in Plat Book 11, Page 71 on April 9, 1925. The plat includes a total of 190 individual lots, a 50-foot wide railroad right-of-way owned by the Florida East Coast (F.E.e.) Railway, several 50-foot and 66- foot wide rights-of-way, and several 15-foot wide and 20-foot wide alleys. The plat also contains a reversionary clause in the dedication, which states "does hereby dedicate to the perpetual use of the public as public highways, the streets, avenues, boulevards, and alleys as shown hereon, reserving however unto itself, its successors and legal representative, the reversions or reversion of same, whenever abandoned by the public or discontinued by law", The City makes no representation regarding the impact of the reversionary language on title to the adjacent properties. Re-development or expansion of the adjacent property following abandonment requires the property owner to establish proof of clear title as a condition of re-development or expansion. The applicant has submitted a copy of a report dated January 7, 2005 from Title Evidence of South Florida, Inc. which discloses that title of the subject property is vested in the City of Boynton Beach via the dedication shown on the recorded plat, and at this time said property is free and clear of any liens and encumbrances, and exempt from ad valorem taxes. On July 7, 2005 staff held a pre-application meeting with the applicant. Notes of the meeting indicate that th applicant initially informed staff that the alley was overgrown with weeds and attracted vagrants and crime, and hE: wanted to abandon the property so he could maintain it. The applicant further clarified that he intended to use the alley behind his lot for additional business parking. Staff explained that there were alternatives without the need for abandonment, such as a revocable license agreement, whereby the applicant could lease the land from the City. Staff also informed the applicant of the following: (1) per State law, if the property is abandoned each adjacent property owner would get one-half of the abandoned property, (2) the presence of any live utility in the alley would require an easement dedication, and (3) the use of the property for a parking lot will require a City approved site plan modification which complies with all applicable Land Development Regulations. City records indicate that portions of the public alley located north of the subject property have been abandoned by the City (Resolutions 90-179, 93-79, 98-56, 98-130) subject to conditions of approval regarding easement dedication. ANALYSIS When a right-of-way, such as this unimproved alley, is abandoned the abandoned land is transferred in equal portions from the general public to the abutting property owner(s) per State law (~336.12). Typically, two (2) properties would be affected by an abandonment request: one-half of the right-of-way is conveyed to one (1) abutting property owner and the other half is conveyed to the other abutting property owner. The applicant requesting this abandonment is the owner of the abutting property to the east (at 805 North Federal Highway / Lot 17, Block 1 of Lake Addition). Public records indicate that Florida East Coast Railway is the owner of the abutting property to the west (50-foot wide railroad right-of-way). Staff has attempted to contact a representative of thf FEC Railway and has received no comments from the FEC regarding this requested abandonment. If the abandonment request is approved, the applicant would receive only one-half of the alley width, or ten (10) feet total. A 10 foot strip may not be enough property to utilize for additional parking as the applicant proposes. The applicant could try to obtain the additional property from Florida East Coast Railway. 9287 Page 3 ( '~p.morandum No, PZ 05-185 I \N 05-007 1'\ summary of the responses from the city staff is noted as follows: CITY DEPARTMENT / DIVISION Public Works / Engineering No objection to requested abandonment Support Abandonment with Dedicated Easement or a Revocable License Agreement Development / Planning and Zoning No objection to requested abandonment Support Abandonment with Dedicated Easement or a Revocable License Agreement Recreation & Parks / Parks No objection to requested abandonment Per letters from utility providers submitted by the applicant, responses from the utility companies are noted as follows: PUBLIC UTILITY COMPANIES Florida Power and Light Bellsouth Florida Public Utilities Company Cable Company (Adelphia) Cable Company (Comcast) No objection to requested abandonment No objection to requested abandonment No objection to requested abandonment No objection to requested abandonment N/A /' Adequate public notice was given to all affected property owners in accordance with Chapter 22, Article III, Section 4, of the Land Development Regulations. All public utility companies have been notified and the abandonment request has been advertised in the local newspaper. Comments from the City Engineer / Assistant Director of Public Works regarding the abandonment state that there is a live utility service (sewer line) located within the 20-foot alley, and that a majority of the alley would have to be retained as a utility easement (a minimum of 12 feet in width). The City Public Works / Utilities Department typically oversees easement dedications. At least sixty percent (60%) of the 20-foot alley would be required to be dedicated as a utility easement if the alley were abandoned. An alternative to abandonment, proposed by the City Engineer is a Revocable License Agreement which allows the subject property to be leased. The Revocable License would allow the applicant to use the entire width of the alley (20 feet), rather than one-half (10 feet) if abandoned. RECOMMENDATION Staff has determined that the subject portion of this alley no longer serves the public for access purposes and, with establishment of an easement, the limited use of the alley for utility purposes would be preserved. Therefore, staff has no objection to the request for abandonment, and supports (1) abandonment with a condition of approval that a utility easement be dedicated, or (2) a revocable license agreement. Since the applicant desires to improve the subject property with additional paved parking for his business, he would rather own the property, not lease it. Staff recommends approval of the requested abandonment with the condition for an easement, and the applicant , ....s agreed to the stated condition. Any additional conditions recommended by the Community Redevelopment ..Jency Board or by the Commission will be placed in Exhibit "C" - Conditions of Approval. 9288 S:\Planning\SHARED\WP\PROJECTS\805 N. Federal Hwy\Staff Report (ABAN 05-007).doc . 1 in, = 127.4 feet ....~.r.:. ..''}- I .. . " jl EXHIBIT "A" LOCATION MAP 9289 I --- --- ~:2 ~ ~ 2 0- - {) ~ c.L_ _ ~ ~ - ~ .\) ~~ ~ ~'~ ~ 2. -- ll....,~C ~01 11 =;7 Loi Ie ~L-oGK I r::J ':J~ ~~ ID-S t=!tLO~ ~ I l=LORIDA \- s e- eL tt t1\ N ,I 'LAP F17uNO Itz, 1.12,.- J L. f7 Z \t1z, II N01. Zo'4, E EXHIBIT "B" SURVE~ ) ~~-r ~A~T eAIL~~O I ~C> 12.1G~ -oF"- WA '( , , FOIJr-JO I\Z' ,.~ r LA f1 t-t7 ZIOl-1 ~,S8' EXtBT""-lb ~. L, F ~ GT LltvE; LoT r7 SUBJECT ABANDONMENT /01(0.1 7QUARE PEET I :z::::; gl6t-1-r -01= - WAY Pt:::R ~-- \U ~~ L1\ - - -:r . o:r~ i) rj) --- -- 10I 11 ~ L.O~ I ' ~ytJTDrJ LAKt AODI-rlotJ '-0 \ p~ II P'h.1 "-loell-t L-ltJe -~ Ill'" ~-r lie> C) r B LoL..K ;::. '"S: \J\ ~ r ~\ UNE// ;10100' ~\\J "WAY (I't?RllI Fep~RAL Plt\E H '~t1 9290 H IGrlhJAy ~ N~ EXHIBIT "C" Conditions of Approval Project name: Abandonment of a Portion of 20-Foot Wide Alley for 805 North Federal Highway File number: ABAN 05-007 I DEP ARTMENTS I INCLUDE I REJECT I PUBLIC WORKS- General Comments: None PUBLIC WORKS- Traffic Corrunents: None UTILITIES Comments: 1. Dedication of a Utility Easement for City utilities within the right-of-way to be abandoned is required. 2. No structures or landscaping shall be placed within the confines of the required utility easement without the express \"'Titten consent of the Engineering DIvision of Public Works. 3. The legal description needs to be corrected to read as follows: "A 20-foot (not 25-foot) right-of-way lying west of Block 1 , . . POLICE Comments: None ENGINEERING DIVISION Corrunents: None BUILDING DIVISION Corrunents: None PARKS AND RECREATION Comments: None FORESTER/ENVIRONMENT ALIST Corrunents: None 9291 Conditions of Approval 2 DEP ARTMENTS INCLUDE REJECT PLANNING AND ZONING Comments: 4. The dedication of the utility easement shall occur prior to the second reading of the ordinance. PUBLIC UTILITY PROVIDERS Comments: None ADDITIONAL COMMUNITY REDEVELOPMENT AGENCY BOARD CONDITIONS Comments: 5. To be determined. ADDITIONAL CITY COMMISSION CONDITIONS Comments: 6. To be determined. $:\Planning\SHARED\WPIPROJECTS\306 886. ABAN 04-005\CQA doc 9292 DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: 805 North Federal Highway (ABAN 05-007) APPLICANT'S AGENT: Daniel Spotts APPLICANT'S ADDRESS: 4606 SW 74th Avenue, Miami, FL 33155 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: December 6,2005 TYPE OF RELIEF SOUGHT: Request abandonment of a portion of a 20 foot alley right-of-way located to the rear of Lot 17, Block 1 of Boynton Lake Addition to Boynton Beach plat. LOCATION OF PROPERTY: Located west of 805 North Federal Highway, which is on the west side of North Federal Highway, between Northeast 7th Avenue and Northeast 8th Avenue. DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. THIS MATTER came before the City Commission of the City of Boynton Beach, Florida appearing on the Consent Agenda on the date above. The City Commission hereby adopts the findings and recommendation of the Community Redevelopment Agency Board, which Board found as follows: OR X THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above, The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: 1. Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. 2. The Applicant HAS HAS NOT established by substantial competent evidence a basis for the relief requested. 3. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "C" with notation "Included". 4. The Applicant's application for relief is hereby _ GRANTED subject to the conditions referenced in paragraph 3 hereof. DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. 6, All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other DATED: City Clerk S:\Planning\SHARED\WP\PROJECTSI805 N Federal Hwy\ABAN 05-007\DO,doc 9293 BOYNTON BEACH CRA AGENDA ITEM REQUEST BOYNTON BEACH Requested CRA Date Final Materials Must be Requested CRA Date Final Materials Must be Turned into Meetinl!: Dates Turned Meetinl!: Dates CRA Office into CRA Office 0 January 11, 2005 December 28,2004 (Noon.) 0 July 12,2005 June 28, 2005 (Noon) 0 February 8, 2005 January 25, 2005 (Noon) 0 August 9, 2005 July 26,2005 (Noon) 0 March 8, 2005 February 22, 2005 (Noon) 0 September 15,2005 August 30, 2005 (Noon) 0 April 12, 2005 March 29, 2005 (Noon) 0 October II, 2005 September 27, 2005(Noon) 0 May 10,2005 April 26, 2005 (Noon) . November 8, 2005 October 25, 2005 (Noon) 0 June 14,2005 May 31,2005 (Noon) 0 December 13,2005 November 29, 2005 G\oon) NATURE OF 0 Consent Agenda 0 Old Business 0 Legal AGENDA ITEM 0 Director's Report 0 New Business 0 Future Agenda Items Planning & . Zoning 0 Other Item DATE: November 3,2005 SUBJECT SUMMARY PARAGRAPH: The Estancia at Boynton project is located at 3010 S, Federal Highway in Planning Area Five, They are seeking a change in land use to Special High Density Residential, a change in zoning from R1AA1PUD to IPUD and site plan approval for 30 town homes. RECOMMENDATION: Approve with conditions stated below. EXPLANATION: (Background of the issue: Who, What, Where, When, How, Etc.) Conditions: 1, Incorporate on-street parking on S, Federal. The project has only 4 surplus parking spaces. 2, Install overhead utilities at S. Federal underground. FISCAL IMPACT: None. AL TERNATIVES: Do not approve LU, zoning and site plan or approve without conditions ~:;]/ Vivian L. Brooks, Planning Director 9294 C\Documenls and Setlings\brooksv\Vivian_sharesIDevelopmenl Aclivily\Easlside Lofls\CRA Agenda3rd review doc TO: FROM: THROUGH: DATE: PROJECT NAME/NUMBER: REQUEST: DEVELOPMENT DEPARTMENT PLANNING &. ZONING DIVISION MEMORANDUM NO. PZ 05-214 Chair and Members Community Redevelopment Agency Board and Mayor and City CO~~1SiO~ Dick Hudson, AICPW' Senior Planner . ~ Michael W. Rum~~ Director of Planning and Zoning November 1, 2005 Estancia/LUAR 05-009 Amend the future land use designation from Low Density Residential (LOR), Moderate Density Residential (MoOR) and High Density Residential (HDR) to Special High Density Residential (SHDR) and rezone from R-1-AA Single Family Residential and PUD Planned Unit Development to Infill Planned Unit Development (IPUD) Property Owner: Applicant/Agent: Location: Parcel Size: Existing Land Use: Existing Zoning: Proposed Land Use: Proposed Zoning: Proposed Use: PROJECT DESCRIPTION HHC Boynton, LLC, Michael H. Hoplamazian and David J. Conti HHC Boynton, LLC/Carlos Balbe 3010 S. Federal Highway (East side of Federal Highway approximately 400' south of Old Dixie Highway. See Exhibit "AIf) :t2.64 acres Low Density Residential (LDR), Moderate Density Residential (MoOR) and High Density Residential (HDR) R-1-AA Single Family Residential and PUD Planned Unit Development Special High Density Residential (SHDR) IPUD Infill Planned Unit Development Thirty (30) unit townhouse community 9323 Page 2 File Number: LUAR 05-006 Name: Estancia Adjacent Uses: North: To the northeast, a developed single-family residence designated Moderate Density Residential (MoDR) and zoned R-1-AA Single Family Residential. To the northwest, a condominium development (Heritage Club) designated High Density Residential (HDR) and zoned R-3 Multi-family Residential South: To the southeast, two developed single family residences, the westernmost designated Low Density Residential (LDR) and zoned R-1-AA Single Family Residential, the easternmost lying in unincorporated Palm Beach County, designated MR-S Medium Density Residential and zoned RS Single Family Residential. To the southwest, the right-of-way of Bamboo Lane, then vacant property lying in Palm Beach County, designated CHIS Commercial High and zoned CG General Commercial East: Developed single family residences designated Low Density Residential (LDR) and zoned R-1-AA Single Family Residential then the Intracoastal Waterway West: Right-of-way of Federal Highway, then developed property designated Local Retail Commercial (LRC) and zoned C-3 Community Commercial EXECUTIVE SUMMARY Staff recommends approval of the requested land use amendment and rezoning for the following reasons: 1. The future land use amendment is consistent with the policies of City's adopted Comprehensive Plan, particularly the portion of policy 1.16.1 defining the Special High Density Residential land use relative to redevelopment planning, urban densities and housing opportunities; 2. The requested land use amendment and rezoning meet or exceed the criteria for review, as required in the Land Development Regulations; and, 3. The proposed redevelopment plan is consistent with the vision and recommendations of the Federal Highwav Corridor Community Redevelooment Plan. PROJECT ANALYSIS The parcels, which are the subject of this land use amendment, total 2.64 acres. Because of the size of the property under consideration, the Florida Department of Community Affairs classifies this amendment as a "small scale" amendment. A "small-scale" amendment is adopted prior to forwarding to the Florida Department of Community Affairs and is not reviewed for compliance with the state, regional and local comprehensive plans prior to adoption. 9324 Page 3 File Number: LUAR 05-006 Name: Estancia The majority of the property that is the subject of this application was approved for a land use amendment and rezoning on February 19, 2001 under the name of Dakota Lofts. At that time, the highest density that could be requested in this area was 10.8 du/ac and development regulations for the IPUD zoning district had not been approved. The property has languished in an undeveloped state since that approval. In the intervening period of time, the property has changed hands and the new owners have purchased an additional two parcels, totaling 0.49 of an acre adjacent to the project. The application before you will serve to unify the land use and zoning for the entire project and, since the proposed project contains 30 townhouse dwelling units, the gross density of 11.32 du/ac will exceed the maximum density of 10.8 du/ac allowed under the High Density Residential designation. In addition, the IPUD regulations were developed for projects containing between one and five acres and is the correct zoning district for the subject project. Master/Site Plan Analysis The Land Development Regulations require approval of a master plan concurrent with approval of a rezoning to the PUD Planned Unit Development district. A site plan approval may take the place of the master plan, as is requested in this case. Basic configuration of the project is similar to the one approved for the Dakota Lofts project. The vehicular access/egress to the project is located on Bamboo Lane. Access for the remaining single-family residence to the northeast is provided by an easement through the project. The three-story townhouse units are located in a "U" shape around the central finger canal that is a part of the property. The eight townhouses fronting on Federal Highway are located in two structures, each containing four units. Pedestrian access from Federal Highway to the interior of the development separates these two structures. The remaining townhouses are located to the north and south of the finger canal, and a recreation area with a pool and cabana is at the head of the finger canal between the two rows of townhouses. In accordance with the IPUD regulations, pedestrian circulation is provided in a manner that greatly reduces the opportunity for conflicts with vehicular circulation. Overall, the design of the project meets and exceeds the requirements of the IPUD regulations and will be discussed more fully in the site plan approval process. Review Based on Criteria The criteria used to review Comprehensive Plan amendments and rezonings are listed in the Land Development Regulations, Chapter 2, Section 9, Administration and Enforcement, Item C. Comprehensive Plan Amendments: Rezonings. These criteria are required to be part of a staff analysis when the proposed change includes an amendment to the Comprehensive Plan Future Land Use Map. a. Whether the proposed rezoning would be consistent with applicable comprehensive plan policies including but not limited to, a prohibition against any increase in dwelling unit density exceeding 50 in the hurricane evacuation zone without written approval of the Palm Beach County Emergency Planning Division and the City's risk 9325 Page 4 File Number: LUAR 05-006 Name: Estancia manager. The planning department shall also recommend limitations or requirements, which would have to be imposed on subsequent development of the prope~ in order to comply with policies contained in the comprehensive plan. The property is located east of Federal Highway and therefore is located in the hurricane evacuation zone. Under the requested land use designation, the maximum number of units that could be developed is 53; however, the developer proposes to only develop 30 units, falling below the 50 parcel requirement. Nevertheless, staff would recommend that all sales information used to promote the development and all homeowner documents should inform buyers that the units are located in the hurricane evacuation zone. Policy 1.13.1 of the Land Use Element reads: "The City shall continue to encourage infill development and redevelopment by implementing actions of the Bovnton Beach 20/20 Redevelooment Master Plan, and the policies contained in the Coastal Management Element." One of the implementing actions of the Bovnton Beach 20/20/ Redevelooment Master Plan was the adoption of the Federal Highwav Corridor Communitv Redevelooment Plan. The subject property is located in Planning Area V (Entrances to the City) in the Federal Highwav Corridor Community Redevelooment Plan, which was adopted by the City on May 16, 2001. The plan's recommendations for this planning area include the following: "Encourage a variety of housing. Develop intensity standards that allow for a variety of housing styles and types at intensities that will assist in supporting the downtown area and general economic expansion." (p. 80); and "Require a transition to the adjacent gateway neighborhoods. Create development standards in the city entrance communities that establish a logical transition to the gateway communities. Building scale, massing and placement should be less intense than that of the adjacent planning areas, but substantial enough to announce an arrival in the City." (p. 81) Policy 1.16.1 contains definitions of all future land use designations in the City. The definition of the requested land use contains the following language: "Soecial High Densitv Residential: This land use category shall consist of redevelopment and infill residential areas assigned to this land use category in the portion of the designated Community Redevelopment Area identified as Planning Area I and Planning Area V in the "Federal Highway Corridor Community Redevelopment Plan'; adopted on May 15, 2001." The requested land use amendment and rezoning are consistent with these relevant policies in the Comprehensive Plan and the Federal Highwav Corridor Community Redevelooment Plan. b. Whether the proposed rezoning would be contrary to the established land use pattern, or would create an isolated district unrelated to adjacent and nearby 9326 Page 5 File Number: LUAR 05-006 Name: Estancia districts, or would constitute a grant of special privilege to an individual property owner as contrasted with the protection of the public welfare, The proposed rezoning would create an isolated district, since surrounding properties all have land uses with lower densities; however, the proposed density of the subject development (at 11.34 du/ac) is lower than the built density (at 21 du/ac) of the Heritage Club immediately to the north. Additionally, the Special High Density Residential designation has been applied to other projects located nearby in Planning Area V. Unfortunately, the approval of the requested land use and zoning will also leave a single lot of less than V4 acre with a designation for single family residential development. This single family property does relate to single family property immediately south of the finger canal, so while the future land use map will show the lot as being isolated, the single family properties do relate visually. In addition, the proposed development provides a generous setback from the single family residence and the building height is 38 '12 feet to mid-point of roof, rather than the maximum 45 feet allowed in the development regulations. Additionally, the approval of the requested land use designation is consistent with Policy 1.17.5 of the Future Land Use Element, which states: liThe City shall continue to maintain and improve the character of existing single-family and lower-density neighborhoods, by preventing conversions to higher densities, except when consistent with adjacent land uses, or with imDlementing redeveloDment Dlans including the Boynton Beach 20/20 Redevelopment Master Plan. "(emphasis added) c. Whether changed or changing conditions make the proposed rezoning desirable. The requested land use amendment and rezoning are desirable in their support of the Eastward Ho! Initiative which grew out of the Governor's Commission for a Sustainable South Florida. In its October 1995 initial report, the initiative recommends an increasingly active effort to redirect development from areas next to the Everglades toward Southeast Florida's existing urban core. One of the program's main objectives is the restoration and redevelopment of the eastern urban areas to provide housing opportunities for the future population growth in areas where adequate infrastructure capacity exists. Higher densities and increased population in the eastern areas will also provide support for economic revitalization and downtown redevelopment. d Whether the proposed use would be compatible with utility systems, roadways, and other public facilities. The demand for potable water is estimated at 13,560 gallons per day (based on 30 units x 2.26 persons per household x 200 gallons per day per capita). The demand for wastewater capacity is estimated at 6,090 gallons per day (based on 30 units x 2.26 persons per household x 90 gallons per day per capita). The Palm Beach County Traffic Division has reviewed the traffic statement for the project and determined that the project is located within the County designated Coastal Residential Exception area, and therefore meets the Traffic Performance Standards of Palm Beach County. 9327 Page 6 File Number: LUAR 05-006 Name: Estancia With respect to solid waste, the Palm Beach County Solid Waste Authority has stated that adequate capacity exists to accommodate the county's municipalities throughout the 10-year planning period. The School District of Palm Beach County has reviewed the application and has determined that adequate capacity exists to accommodate the resident population. The City's Fire Rescue and Police Departments have reviewed the application and have provided the project can be adequately served with existing personnel and equipment. Lastly, drainage will also be reviewed in detail as part of the review of the site plan approval, and must satisfy all requirements of the city and local drainage permitting authorities. e. Whether the proposed rezoning would be compatible with the current and future use of adjacent and nearby propertie~ or would affect the property values of adjacent or nearby properties. The IPUD regulations contain requirements to ameliorate negative impacts of projects, particularly height, on adjacent single family homes. With respect to other adjacent uses, the R-3 Multi-family Residential district to the north allows a maximum height of 45 feet. f. Whether the property is physically and economically developable under the existing zoning. A portion of the property was approved for redevelopment in 2001, however, that applicant did not move forward with the project and a new site plan approval would be necessary before the development could move forward. The two existing single family residences could continue or be redeveloped. g. Whether the proposed rezoning is of a scale which is reasonably related to the needs of the neighborhood and the city as a whole. The requested land use amendment and rezoning present the opportunity for redevelopment in a highly visible entrance corridor to the City and will also provide support for economic revitalization and downtown redevelopment. h. Whether there are adequate sites elsewhere in the city for the proposed use/ in districts where such use is already allowed. There are no other properties within the City that have the requested land use designation and zoning category that do not have approved development orders. Residential densities of 20 du/ac are permitted in the Federal Highway corridor to encourage infill development and redevelopment. There are a limited number of sites elsewhere in the city where residential development could occur at a density of 10.8 du/ac; however, those sites do not offer the opportunity for redevelopment and infill development that this location affords. Nor would development of those available sites serve to promote the goals of the Community Redevelopment Agency and the Federal Highwav Corridor Community Redevelooment Plan. CONCLUSIONS/RECOMMENDATIONS 9328 Page 7 File Number: LUAR 05-006 Name: Estancia As indicated herein, this request is consistent with the intent of the Comprehensive Plan; will not create additional impacts on infrastructure that cannot be accommodated within existing capacities; will be compatible with adjacent land uses and will contribute to the overall economic development of the City. Therefore, staff recommends: 1. That the City Commission, acting as the Local Planning Agency, find the proposed amendments consistent with the Comprehensive Plan; and 2. That the subject requests have been reviewed based on the required criteria; 3. That the proposed redevelopment plan is consistent with the vision and recommendations of the Federal Hiohwav Corridor Community Redeve/ooment Plan; and therefore, 4. That the land use amendment and rezoning be approved. If the Community Redevelopment Agency Board or the City Commission recommends conditions, they will be included within Exhibit "B". AlTACHMENTS S:\Plannlng\SHARED\WP\PROJECTS\E5tanda @ Boynton Beach\LUAR OS-Q09\STAFF REPORT NEW.doc 9329 LOCATION MAP Estancia at Boynton Beach (f.k.a. Dakota Lofts) LUAR 05-009 Exhibit A I ! .", ., ~ 1 I ~ ~ ,. ~ , ~ , ~ ! t ~ ) "I ~ I ~ :... ., ., ~//&a ///% ~ '//~ I ~///~ ..- "I City Limits I t I ~ "I '/. BAMBO .It] l -J .c. j U I II ~ I J / f / I r(,/ ~ r 160 80 o N 160 Feet A 9330 TO: THRU: FROM: DATE: PROJECT NAME/NO: REQUEST: DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 05-208 STAFF REPORT Chair and Members Community Redevelopment Agency Board and City Commission Michael Rumpf Planning and Zoning Director Eric Lee Johnson, AICP Planner ~ November 2, 2005 Estancia at Boynton / NWSP 05-026 New Site Plan Property Owner: Applicant: Agent: Location: Existing Land Use: Existing Zoning: Proposed Land Use: Proposed Zoning: Proposed Use: Acreage: Adjacent Uses: North: PROJECT DESCRIPTION HHC Boynton, LLC HHC Boynton, LLC Mr. Carlos J. Ballbe / Keith & Ballbe, Incorporated East side of South Federal Highway, approximately 400 feet south of Old Dixie Highway (3010 South Federal Highway / see Location Map - Exhibit "A ") Low Density Residential (LDR), Moderate Density Residential (MoDR) and High Density Residential (HDR) R-1-AA Single Family Residential and PUD Planned Unit Development Special High Density Residential (SHDR - 20 du/ac) Infill Planned Unit Development (IPUD) 30 townhouse units :t2.643 acres 9295 To the northeast, a developed single-family residence designated Moderate Density Residential (MoDR) and zoned R-1-AA Single Family Residential. To the northwest, a condominium development (Heritage Staff Report - Estancia (NWSP 05-026) Memorandum No PZ 05-208 Page 2 Club) designated High Density Residential (HDR) and zoned R-3 Multi- family Residential; South: To the southeast, two developed single family residences, the westernmost designated Low Density Residential (LOR) and zoned R-1-AA Single Family Residential, the easternmost lying in unincorporated Palm Beach County, designated MR-S Medium Density Residential and zoned RS Single Family Residential. To the southwest, the right-of-way of Bamboo Lane, then vacant property lying in Palm Beach County, designated CHIS Commercial High and zoned CG General Commercial; East: Developed single family residences designated Low Density Residential (LOR) and zoned R-1-AA Single Family Residential then the Intracoastal Waterway; and West: Right-of-way of Federal Highway, then developed property designated Local Retail Commercial (LRC) and zoned C-3 Community Commercial. PROPERTY OWNER NOTIFICATION Owners of properties within 400 feet of the subject site plan were mailed a notice of this request and its respective hearing dates. The applicant certifies that they posted signage and mailed notices in accordance with Ordinance No. 04-007. Site Characteristic: The subject property is comprised of three (3) irregular-shaped parcels all under the same ownership totaling approximately 2.6S acres. Parcels 1 and 2 are undeveloped and the easternmost portion, "Parcel 3", is primarily a finger canal of the Intracoastal Waterway. The developer intends to leave the canal intact and to utilize its square footage as a means to increase the allowable density. The subject property lies within Study Area V of the Federal Highway Corridor Redevelopment Plan. The survey shows that multiple easements have been dedicated throughout the site. The survey also shows the location of existing single-family detached homes (that once fronted on Virginia Gardens Drive) and new lot lines of previously platted lots of the "Dakota Lofts PUD". The project intent is to raze all buildings in order to construct townhouse buildings. However, one (1) existing single-family dwelling was not acquired by the developer and therefore, will not be within the scope of this project. However, access to the existing home would be preserved thereto via an easement through the subject project. Originally, the houses on Virginia Gardens Drive had direct access to Federal Highway. However, the developer acquired this private right-of-way and has it integrated into the design of the site plan. As a consequence, ingress / egress for the remaining single-family dwelling (located directly east of the subject property) will occur through the proposed site to Bamboo Lane. Additionally, it was learned that a water well previously served the single family dwellings at 2 Virginia Gardens Drive and 821 Bamboo Lane. This water well was considered a community well 9296 and unless there were underlying conditions or requirements such as deed restrictions granting water rights to the existing users, it was incumbent upon the Staff Report - Estancia (NWSP 05-026) Memorandum No PZ 05-208 Page 3 applicant to either install a new well to serve those residential dwellings or to connect the aforementioned dwellings to City water. Staff understands that 821 Bamboo Lane is in fact, connected to potable water and sanitary sewer. However, from a cursory review, it appears as though 2 Virginia Gardens Drive is still on well and septic tank. BACKGROUND Proposal: Mr. Carlos Ballbe, agent for HHC Boynton, LLC is proposing a new site plan for 30 townhouse units. The subject site was previously developed with the SunWah Chinese restaurant. On January 15, 2002 the City Commission approved the site for a residential townhouse project known as "Dakota Lofts". On February 28, 2002, the original owner applied for building permits but failed to submit actual permit drawings. Subsequently, the property was sold to a different developer who likewise, was unsuccessful in obtaining a building permit. The new developer proposed various changes to the floor plan and elevations drawings, necessitating a major site plan modification (MSPM 02-006). On January 21, 2003, the City Commission approved the developer's request for major site plan modification and accompanying Dakota Lofts Record Plat. Site plan approval is valid for one (1) year and it subsequently expired on January 21, 2004. No request for site plan time extension was ever submitted. It should be noted that any site improvements other than a single-family or duplex home on the subject property requires site plan approval. Now, the new property owner, HHC Boynton, LLC desires to develop the former "Dakota Lofts" project with additional units because they (as contract purchaser) were able to assemble additional lots along the former Virginia Gardens Drive. However, the newly assembled lots are classified and zoned for single family homes; not town homes. Additionally, subsequent to when the "Dakota Lofts" site plan was approved, the City created a more appropriate zoning district (the Infill Planned Unit Development - IPUD) in order to better accommodate infill development. The subject property is eligible for the IPUD zoning district because it is located within Study Area V of the Federal Highway Corridor Redevelopment Plan. Therefore, the developer is now requesting to rezone the entire property to IPUD. Therefore, approval of this project is contingent upon the approval of the corresponding request for land use change and rezoning (LUAR 05-009). Fee-simple townhouses are permitted uses in the IPUD zoning district. Under the Special High Density Residential land use category, the maximum allowable project density would consist of 52 dwelling units (density at 20 dwelling units per acre). The project proposes a total of 30 dwelling units, which equals a density of 11.35 dwelling units per acre. The entire project would be built in one (1) phase. Concurrency: ANALYSIS 9297 Traffic: A traffic statement was sent to the Palm Beach County Traffic Division for concurrency review in order to ensure an adequate level of service. The Palm Beach County Traffic Division has determined that the proposed residential project is located within the designated Coastal Residential Exception Areas of the county, Staff Report - Estancia (NWSP 05-026) Memorandum No PZ 05-208 Page 4 and therefore meets the Traffic Performance Standards of Palm Beach County. However, no building permits are to be issued by the City, after the 2007 build-out date (see Exhibit "C" - Conditions of Approval). The County traffic concurrency approval is subject to the Project Aggregation Rules set forth in the Traffic Performance Standards Ordinance. Utilities: The City's water capacity, as increased through the purchase of up to 5 million gallons of potable water per day from Palm Beach County Utilities, would meet the projected potable water for this project (project estimated to require a total of 13,560 gallons per day). Local piping and infrastructure improvements may be required, especially on the water delivery system for the project, depending upon the final project configuration and fire-flow demands. These local improvements would be the responsibility of the site developer and would be reviewed at the time of permitting. Sufficient sanitary sewer and wastewater treatment capacity is currently available to serve the projected total of 6,090 gallons per day, subject to the applicant making a firm reservation of capacity, following approval of the site plan (see Exhibit "c" - Conditions of Approval). Police I Fire: Staff reviewed the site plan and determined that current staffing levels would be sufficient to meet the expected demand for services. Drainage: Conceptual drainage information was provided for the City's review. The Engineering Division has found the conceptual information to be adequate and is recommending that the review of specific drainage solutions be deferred until time of permit review. All South Florida Water Management District permits and other drainage related permits must be submitted at time of building permit (see Exhibit "C" - Conditions of Approval). School: An application for school concurrency has been submitted to the School District of Palm Beach County. No confirmation has yet been received. Therefore, no building permits may be issued until the School District of Palm Beach County confirms that adequate capacity exists to accommodate the proposed 30 dwelling units (see Exhibit "c" - Conditions of Approval). Driveways: The project proposes one main (1) point of ingress / egress to the subject site. This point would be located on Bamboo Lane. According to the survey, Bamboo Lane was previously dedicated as an ingress / egress easement (O.R.B. 14728, Page 512) for the surrounding neighborhood. The developer intends to improve the portion of Bamboo Lane that directly abuts the subject property. The site plan (sheet SP1 of 2) shows that the project entrance on Bamboo Lane would be located approximately 90 feet east from the paved portion of Federal Highway. Vehicles leaving the subject property would be allowed to make right (west) and left (east) traffic movements. However, Bamboo Lane is a dead end road and therefore, vehicles traveling east from the subject property would be minimal. 9298 The site plan proposes 22 to 24 foot wide drive aisles. The Typical Roadway sections show that the width of the travel lanes would vary between 11 feet to 12 feet, depending on their location. All internal roadways would accommodate two Staff Report - Estancia (NWSP 05-026) Memorandum No PZ 05-208 Page 5 (2) -way traffic movements. The site plan shows an emergency vehicle "T" Turn- around area, proposed north of the finger canal. This would allow fire trucks and service vehicles to successfully turn around at the project's dead-end street. These private streets, internal to the development, would conform to current engineering standards. Parking Facility: Two (2) and three (3) bedroom dwelling units require two (2) parking spaces per unit. The project proposes 30 three (3) bedroom units and a recreation facility. Therefore, based upon the above referenced number of units and the amenity, the project requires a total of 65 parking spaces. The site plan shows that each unit would have a two (2)-car garage, which would thus equate to providing 60 parking spaces. The first floor plan (sheet A6) shows that each garage would be dimensioned 22 feet - eight (8) inches in width and 21 feet in depth. The plan also proposes eight (8) off-street parking spaces. According to the Typical Parking Stall Detail, the 90-degree parking stalls would be dimensioned nine (9) feet in width by 18-feet in length. The handicap parking spaces would be dimensioned 12 feet in width (with extra 5-feet of striping) and 18 feet in length. Combining the garage spaces and the 90-degree spaces, the site plan would provide for a total of 68 parking spaces or an excess of three (3) parking spaces. The applicant informed staff that it is their intent to provide an additional eight (8) parking spaces along Federal Highway. That proposition would be subject to Florida Department of Transportation (FDOT) review and approval. Landscaping: The site plan tabular data (sheet SP1 of 2) indicates that 0.77 acres or 29.06% of the site would be pervious surface. According to the Land Development Regulations, the IPUD zoning district requires 200 square feet of usable open space per dwelling unit. The plans propose 30 dwelling units and therefore, 6,000 square feet of usable open space would be required. The land earmarked for the recreation area in conjunction with eligible portions of the pervious surfaces brings the plans into compliance with this usable open space requirement. The recreation area alone constitutes over 87% of usable open space. The landscape plan would provide a total of 81 canopy trees, 127 palm trees, and 1,065 shrubs, 2,312 groundcover plants, and 147 accent plants. The Plant List (sheet L-2 of 3) indicates that 97% of the canopy trees, 60% of the palm trees, and 50% of the shrubs would be native species. The site plan (sheet SPl of 3) shows that the western landscape buffer would be at least 20 feet in width at its narrowest point. This landscape buffer would be adjacent to Federal Highway. The landscape plan shows that this buffer would consist of Live Oak, Foxtail palm, Silver Buttonwood hedge, Evergreen Giant, Wax Jasmine, Crinum Lily, Simpson Stopperl Indian Hawthorne, and Dwarf Crown of Thorns. The landscape plan also shows that a six (6) foot high perimeter fence (with 6-foot high decorative columns) is proposed within this buffer, which would be installed close to and running parallel with the west property line. Each unit would have pedestrian access directly to Federal Highway. All pedestrians would 9299 pass through an entry gate. The gates would be iron and the decorative columns with their precast caps would have a smooth stucco finish. The Elevation Cross Section of Federal Highway Buffer (sheet L-3 of 3) illustrates a street level view of Staff Report - Estancia (NWSP 05-026) Memorandum No PZ 05-208 Page 6 Federal Highway. The cross section shows that Live Oak trees and Foxtail palm trees would be installed at 16 feet in height, Royal palm trees at 26 feet in height, and Cabbage palms at 20 to 30 feet in height. The plant material (and their specifications) proposed on the cross section supersedes the same on the landscape plan and a revised landscape plan will be required at the time of permitting as a result of the discrepancy between the two (see Exhibit "C" _ Conditions of Approval). The site plan (sheet SP1 of 3) shows that the south landscape buffer, adjacent to Bamboo Lane would be approximately seven (7) feet in width. This buffer would contain a solid, six (6) foot tall wall with decorative columns and the following plant material: Highrise Live Oak, Palatka Holly, Purple Glory tree, Foxtail palm, Simpson Stopper, Crinum Lilly, Indian Hawthorne, and Dwarf Crown of Thorns. As part of the improvement proposed to Bamboo Lane, the existing landscape median would be enhanced with 23 Dwarf Schefflera, 25 Crown of Thorns, and 25 Indian Hawthorne installed within. The site plan (sheet SP1 of 3) shows that the north landscape buffer would be approximately six (6) feet in width at its narrowest point. It should be noted that Areca palm trees and a 10-foot tall Ficus hedge were previously installed along the south property line of the abutting property to the north. However, the following plant material is proposed within the north landscape buffer of the subject property: Royal palm, Buttonwood, Gumbo Limbo, Purple Glory tree, Cat palm, Red Ginger, Dwarf Schefflera, and Dwarf Firebush. A wall is proposed along the western half of the north property line. The site plan (sheet SP1 of 3) shows that the east landscape buffer would be 20 feet in width at its narrowest point. The landscape plan shows that Highrise Live Oak, Cabbage palm, Gumbo Limbo, Palatka Holly, Fahahatchee grass, Redtip Cocoplum, and Sword fern are proposed within this buffer. The main objective of this buffer is to serve as a barrier between the subject property and the adjacent single-family homes. Staff has concerns over the deciduous nature of the Gumbo Limbo and therefore recommends substituting them with another type of native, canopy tree such as a Paradise tree or Mahogany (see Exhibit "C" - Conditions of Approval). The Typical 4, 5, and 7 Unit Landscape Plans (sheet L2 of 3) depict the use of Indian Hawhthorne, Silver Buttonwood hedge, Wart Fern, Redtip Cocoplum, Crinum Lily, and Tibouchina. The pool area would have Coconut palms on each side. Building and Site: 9300 As previously mentioned, the applicant is requesting to rezone the property to the IPUD zoning district with a density of 11.32 dwelling units per acre. The maximum density allowed by the Special High Density Residential land use classification is 20 dwelling units per acre. The 30 dwelling units are proposed within six (6) separate buildings on the 2.65-acre site. Each building would contain a varying number of dwelling units, ranging from four (4) units to seven (7) units. The unit plans (sheet A.l3.0 through sheet A.16.0) show the size of each unit, ranging from 1,931 square feet to 2,372 square feet of "under roof area", Staff Report - Estancia (NWSP 05-026) Memorandum No PZ 05-208 Page 7 The IPUD zoning district allows buildings to reach a maximum height of 45 feet, howeverr a lesser height could be imposed for better compatibility with adjacent properties. All buildings would be three (3) stories in height, the tallest of which, would be 36 feet - six (6) inches in height, measured at the mid-point of the pitched roof. The elevations do not indicate the height to the peak of the roof. The IPUD zoning district contains no specific minimum building setback requirements other than mirroring the setbacks of adjacent zoning districts. The required setbacks, most important to this project, would be those required along the east property line. The abutting property to the northeast is zoned R-1-AA and requires a side yard setback of 10 feet. The site plan is proposing a 20-foot building setback at the northeast corner of the property. The abutting property to the southeast is also zoned R-1-AA. Likewise, it has the same side setback requirement (10 feet). However, it appears as though the existing single-family detached home on the abutting property to the southeast is non-conforming because there is no side yard setback. This non-conforming status of the abutting neighbor to the east would not be an issue for the current developer because Building #3 would be setback 23 feet from the east property line; it needs to be setback only 10 feet from the east property line. The abutting multi-family development to the north is zoned R-3. The required setbacks along the north property line that are pertinent to the Estancia project would be as follows: Side- 20 feet and Rear - 40 feet. To comply, the site plan shows the buildings of the subject property would be setback between 20 feet at its narrowest point to nearly 40 feet at its widest point from the north property line. The site plan shows that the buildings would be setback 20 feet from the west property line (along Federal Highway). Buildings #1 and #3 would be setback 35 feet from the south property line (along Bamboo Lane). On the site plan tabular data, the setback table indicates that the parcel setbacks would be 20 feet from the west property line, 15 feet from the north property line, 30 feet from the south property line, and 10 feet from the east property line. This does not coincide with the aforementioned setback information and as a consequence, must be rectified to match each other at the time of permitting (see Exhibit "c" - Conditions of Approval). The unit setbacks within each parcel boundary are proposed as follows: Front, Rear, and Sides - five (5) feet. No individual swimming pools are proposed but a note on the site plan indicates that screen enclosures would be permitted, such as long as they do not go beyond the building envelop. The second story balconies would be approximately three (3) feet deep and extend into the front setback. This encroachment would only occur within the setback proposed along Federal Highway. The recreation area would be located at the eastern portion of the property abutting the finger canal and flanked by the townhouse buildings on the north and south sides. It would include a cabana and a swimming pool. The clubhouse elevation (sheet A-17) does not indicate the roof height but shows it as a one (l)-story structure. 9301 Staff Report - Estancia (NWSP 05-026) Memorandum No PZ 05-208 Page 8 Design: The proposed buildings and clubhouse resemble a modern Spanish-Mediterranean design with textured stucco finish, decorative shutters, outriggers, and S-tile roof. The elevations show that each building would have decorative garage doors, tile inlays, and wall mounted lighting fixtures. The project proposes multi-colored buildings consisting of the following Sherman Williams paint: Color code Color Location SW# 6686 Light yellow Main wall SW# 6339 Tan Main wall SW# 6673 Yellow Main wall SW# 6355 Light Brown Main wall SW # 6962 Purple Shutters The elevations of the clubhouse (sheet A17) show that it would have the same S- tile roof as the townhouse buildings. The clubhouse would be painted yellow and would have an aluminum gate with self closing and latching doors to meet requirements of the Florida Safe Pool Act. The plans propose one (1) type of outdoor freestanding lighting fixture. The Type "A" Light Pole detail on the photometric plan detail (sheet PH1 of 1) indicates it would be 18-feet in height and made of round aluminum. Each pole would be painted black and have a decorative lamp. The photometric plan demonstrates that lighting levels would be adequate and not "spill" over onto adjacent properties. Pursuant to Chapter 2, Section 5.L.4.g.(1) of the Land Development Regulations, project compatibility is judged on how well the proposed development fits within the context of the neighborhood and abutting properties. Attached is a letter-sized sheet that illustrates building heights, setbacks, and plant material. Staff determined that the original Dakota Lofts site plan met the intent of the code, and this generation of plans (Estancia) surpasses the quality of the former. Signage: The Landscape Feature detail on sheet AO.1 shows that an "Estancia" sign is proposed on the entry wall at the southwest corner of the property. The detail shows that it would be aluminum, black powder-coated lettering with uplighting. No dimensions or font types were indicated on the sign detail. The sign is limited to six (6) feet in height and 32 square feet in area pursuant to Chapter 21, Article IV, Section 1. D. of the Land Development Regulations (see Exhibit "c" - Conditions of Approval). RECOMMENDATION: Staff has reviewed this request for new site plan approval and is recommending approval, contingent upon the successful request for land use amendment / rezoning (LUAR 05-009) and subject to satisfying all comments indicated in Exhibit "C" - Conditions of Approval. Any additional conditions recommended by the Board or City Commission shall be documented accordingly in the Conditions of Approval. 9302 S:\Planning\SHARED\WP\PROJECTS\Estancia @ Boynton Beach\NWSP OS-026\Staff Report.doc LOCATION MAP Estancia at Boynton Beach (f.k.a. Dakota Lofts) Exhibit A .i' " i ,J, : III Q Ie ~ , ; , , ~ '1 , ~ 'I : ~ .. ~ ~ 0 .~ ~ /~ ~ , .,. ~~ /~ u_ ~ City Limits , ~ ;r---~'-_l_~", ----~''''--.--.--..._---...._----<~.."..~ I i -- BAMBOO-l;;N -- I i / I 2 l E :J I .c- o I I "/ ~ I / l I . ."alleD_Dn. .- / '\ I i I I I I j .(\'fl e,,":'" /, I',,, \:<<,\: 9303 160 80 o N 160 Feel A 6> ~ ~ ~ i ~ ~ . i ~ EXHIBIT B I im I~ 1~ I; I~ " a ~~ . qi~ ~ ~~~ ~ ~~~ 2~ ~ ~., a. .i~ S>:l ~ ~ ~ ;~ I ~.~ r ~ ~>~ d ~ ~i~ ~~ ~ ~~: ~~ "i~~ .~ e~ ~~ CO rl i- I r ~o ,~ .~ r-~'1 !~g a,~ ,~ m ~ ~~ I~ ~ ~~t" I'~ PitOl.... 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(-IVMHDIH lv <1303.:1 H .J.noS) /'0 __ N -Iv" '''HDIH'S'n 9305 .~i~ Ei flU EXHIBIT B i~H <~g i! ~lH ~>\e il ~ -' ~I w ~ @3~ IL il II ~! ~i t' i'.:~ I~ ~(~ ~ :f "H II jr<\e", ~ :i'" 11!1:11 I ~ w III w III -l w ~ i! -'w >- 'T ~ , II 2 ~ ~ n" ~ ~ ~ ~ l! ~ ~ " ~ ~ ~ '!I n Q ~ ~ ~ ~ ~ ~ 3 ~ ~ H ~ ~ ~ I" d ~ ~ n" IlO w ~ III ~ IlO I ~ ci ll' \; t'> :r ~ ci '" ll' u w tS ~ '" ~ '" ~ '" U u m ~ l 't. > I ~: ~ 9306 tl00/200'd 9307 ; .. II ~I ~ I ~ ~ d 21 l II 1.1 · ~ W I "- "'1 5 . wr: oct~ ~:= o:.\Q .....~ ..IN W oct Q >- oct ~ ~ ~ o ~ ...J tf) 5. <{t- (lJ: -1& 'ctfl\ IlLI ~~ \ \,'"' '\ '1 ') lij ~ .... o:r ~ ~ C'l " C1 m i ~ ~ ~ (k: -I ~ :! d) r... ~ Jll ~OHIOl.:l JHH 20:Sl (03Pl)S002-6l-lJO N~-.GZ .aI-.;' .~-.;.l "c2'".Qt . 1100/200 "d 6620 E112 19S(X~j) S~J~ ~JJ~ ~~~o~S IlgpUg~ . .... . Il\ ~ ~, " ~ " ~ tU ....J '<:( ~ 5 t- U UJ U) tU t- ;:n j~ Ii 1 9308 EXHlBlT B ~ l=::l ~ u~ ~ a~ ~~ pQ:l (02)~ [Y1!J~ [!M~ 2S~ G== co Q ~~~ ~~u <~~ 00- Z =:c: <~u " ~U')< (S V) t- ~ !,j 0'\ m as OJ t- ;:n E!3 ~ I CI.l ~ ~ ~ ~O'I 'C 0'1 og -. l:t.o('l') .d'~ ~- Cl)_ c:l\C >./0 ~~ t::l. ~ - Cl) - .- 0'1 850'1 .r" Cl)O ... I <~ =~ s-.. Q.... .~ ~ CI) "0....1 z~ ~f-- 9E:11 (nHl)S002-02-1JO EXHIBIT ~ I i i ." ~I. ,.1 ~I! .', I ~ . " 1 ~. ~!~ " ,~ ~ :'" ~~~~ JI~ ~I~ ~" ~i' .I~ .I~ ~Il ~ II ; ~ H~ ~~; ~.. ~6~ .c~ .~, q :' " ,! I rhITB I [tIIIJD " [torrJD lifID j!1 ~i 18! di ..; I m l> [tP 1-1 In r m ~I\ ~Il> [ m-l Z .d__ ~ " ~ ,IO~ ~Iz~ [OIDJ .lPJID :"'1 .... I rro .~ ! J ]1 ! '$ ~ ,~ b' WUJ) ~ i j , " I P" $ ~~ . .' 'II! ifD ~ -! ~m " t- 9309 T~E E~TANCiA S08nton Se",ch, "''- ...CC. S08ntol", l..LC ...1......._.-.-.... REvl510N Y DATE ~ f:== ..__.........II...III......J._..._....._.......I..__'.....II_a.-...-.'---'.-"_1__"__'..---..__..1.__'___1'11'..'..1._'____1_._Ill' ~ ~ ~ . i ''); ~ I I ~~ --IllL- RANDALL fl ~R19fE~I 42 N SwlntOrl Ave, Delrd':::l BedCh, FL 33444 (:;61) 243.lZl'~':l Ntlplea, F... (23'3) 2&2-1611 IE 1m l(p 1-1 1m Ir 1m ,/ 01[\ ~IJ> c m! I z, I. - _i --j 'J- " "OJ .1 ' I 1 --:11 m &!lrn EXHIBIT B "'" c' ~I'" .1 ~ ., . 'I' ~I" In n; 1 ~l, I ~ "~. I., ~~l In H Ii /) [J[J][J]D[J] . [][J][J][J] I :D[]DD 'DD[]D $ : DDD [J][J]D !! I I' l]J [J [] [] [] I . II ~ om_am I ~ ~-~---.i. i -L-----------f--JL_______ . .____ ~IFI!Q ;iQ! 1 ~;; ~i~ ~~ II I ~I ,ii i~l ii ~I, f" .1 ,H c' '-'1" :1 ".1 ;j' ... ~Ii ~Ii ml: .,A ", . ": II~ .;. ~ \1 I, ... Ii> ~ 9310 ~ RANDALL - ~ ~R~RfE~I ~ THE E~TANCIA 6o~nton 6e.sch, ~'- ~.C.C_ BO~'itc...., ~L.C s.w""ton ~Vl"! r.;l"!lr,ll\L ?......,f'''' 1=1 '=\:>'.d..d..d. il:.r_lo '"lA, 11'\.,0", (J) o 1m I 1m Ir 1m 1< ~!J> ~I-I r c m,- ~ .\,10 ~ .' ~ ~IZ~ b!(J) rn [tIJOJD ;t ucrroD !I! I. ' .." I 'I' 'Ii JO I I i n HI !!h "6' .' U I EI~ $ I '--:~'-: I !mrn 1 1m " ~ ;; i' , I ~~I~ ~t ""1' i" i, ;; ~w ~ ~ g~ I ~ u~ Q ."~ I ~Ei I;~ i , Ii Hr., ' '~ mm i I iLlJLJ.J I I I I i,) ..1.-2- ~~~-~~ :t.c,r 1.,11111: IL,,~.,,~,'j},l.~.2 . "'?s:-5~A ~-")T";-)-J., r.: l,t~}n1-l '-, "'-r.-5-" ,??oik2 -J-5:_::~~-I\-5 l:j~!~fr, .-L-,'''?'- :1.i~~: :ll~. ,.- !W I~'j ij - h, I~.! ~h \ 1 1m " i [i .,1 ~ ! : pn , " , :J 1 ili! i ~~ d 9311 ~ EXHIBIT B i;~ ,-............-.-.... IlU;Vl lONe T DATE --D- RANDALL jk'J ~R19fE~I 42 N. fujlnton Ave, Delrd~ Be.dd\ FL 334A4 (;0!) ~.l.3'~'':l~ T~E E&TANCIA eo~nton eel! ch, "'L. HC.C. eo~"t"n. L.L.C Ndp',~u,!=L (23'=; 262-'6,1 f== '--- ==--- EXH'BlT B -------.c:~ j 'I' ~! I:~ I 'I !Il :; ~ Ii: i !1111 !ll I~ .l!! ~ Ill' III ibll !!Ii \ i.1 Iii ~Iillll 1 'I II 'j I 5 ;Jl 5 ~ ~ ~ m ~ ~ ffi ~ ~ r ~; \.>I ~;" ~ "~ ~ ~ I' e&5 ~ ~ " ~ ~ ~ ;Jl .~ :I I II I I~ I . ! I'll! II lli 'il aH !111!l il: 1111111 hi l ,1"li IIi jl " 'I i . ./ . I, I!l . ~ . . ~ \ . s ~ < ~ ~ i '~ '11'1 il : ,-j II ! ! II lill I I III ~ i E &~ ~5! ~ .... EB ~ ? r " .Is nij ;J!~ m i I 1;;0 & il lD m ~ HIt ~~~ m u> Iq l)~ 11\ ~ ~ ~ ~~ i~ ,,"'c> r 9312 nii >o~ r::! 1>- ." ~?5 \)J~-'--~ n ! ~ ~~;H " .. "'''' r EXHIBIT B I, ' ~' , I[_n ~ > ~, m' m 11 ~~ ~- rl ~8 IU (~ (\ r, ' 0) '(j) m 1-1 I ~~ I ~@ JlI I I I> r'uu-- 01 lut l>r ~io~ ,IO~ t- ("-. , f'l) -:1 m ~ GIIU ~ 9313 ....-_1...._.... .1.11....1......1_11.,1._..__.,..__...,..._.......11...__..._._t"-"--.._.._..__.."_.'_I_"'I'..I_f'_.'_'__,._.~ ~. RAN D ALL il-lE E&iANCIA STOFFT 6oynton 6"der,~.. ARC HIT E C T S I-1.C.C 60yntcr ..LC 42 N, .5uJlnto,., Ave Delr.!~ Be.!O\ l=L 33..\44 (!>iQl.I 243-""~~ Naplea. FL (23~) 2'='2-11&1' po , ~ /\ \ GJ i ~ ,-..1_......._._..,. ~ vr5llo-le T ~T '--- (p In o o z o I ~!11 0'r ~: r, [ ;IO~ 'OJ . l c m Gi~rn /-, I )> 'f---r- \--.........-/' r----- L_~ r lTl1 ~, 1-tJ 9314 I~RANDALL =1 J1'1 ~J9fE~I ~ .42 N 5u.lnlon Ave, Delr~'::J B~ch, Fl... 3344.4 (~b,) 243~O~~<:l TI-IE E~"I"ANCIA 6o~nton 6edCh, =... ",C,C, 6oi;jnton L_C Ndple!'!o I=L (;~~) 26]-'bl-: EXHIBIT B ~ I _,L._ EXHIBIT B I I .~ II 'po ~. I r i- S C'\ V L- r L -- - ~ I ~ l,c~rIL_1 V . I III ~ /-1 I r t-- I p)f~ I E i I! R C'\ -c V ,u .. ~ ' r It- --t 0 r: I II !'!I ~ill ~ I i ~ir I , I ~I r, C ~i I 'i miO~ ~ '10 ; f '" '. 1 ~liU~ 9315 TI-IE E;.T.ANCI.A Boynton Be.!ch, I=L.. HC.C. Boynton. L,-C .....-.....-.-.-.... VI ION' YDATE r--- , ..-_IW_......_...IIl.,....__I'M..,II_..__.C..__........._.....'-".-__.___t__II__'._.._..__..II_.'_'_".,"..,_,"__,_._.,.__.. J? ? ~ . i ~ ~ ~ ~ i ~ RANDALL fl ~R19fE~r .4? N. 5wlntan Av~, De1r.:!llj 8ec!JC1"i, ~L 33~4..4 (5~1./ 2.B.""~':l NdplC!~, FL (23~) 2~2.1611 EXHIBIT "C" Conditions of Approval Project name: Estancia at Boynton File number: NWSP 05-026 Reference: 3rd review plans identified as a New Site Plan with a September 27,2005 Planning and Zoning: Department date stamp marking. DEP ARTMENTS INCLUDE REJECT PUBLIC WORKS - General Comments: None I PUBLIC WORKS - Traffic Comments: I ENGINEERING DIVISION Comments: Upon satisfactory Commission approval of the site plan, the applicant shall I l. enter the plat process through the City's Engineering Division. A preliminary plat application may be initiated during the site plan review to expedite issuance of the Land Development Permit. I 2. The existing Boundary Survey is an augmented version of the Dakota Lofts record plat (recorded in P.B. 97, Pgs. 132-134, on 3/11/03); a new record plat I, will be required to reflect the new Site Plan and additional land to be incorporated into the development. 3. Full drainage plans, including drainage calculations, in accordance with the LDR, Chapter 6, Article IV, Section 5 will be required at the time of permitting. 4. Paving, Drainage and site details will not be reviewed for construction acceptability at this time. All engineering construction details shall be in accordance with the applicable City of Boynton Beach Standard Drawings I and the "Engineering Design Handbook and Construction Standards" and will be reviewed at the time of construction permit application. I UTILITIES I Comments: 5. All utility easements and utility lines shall be shown on the landscape plans (as well as the Water and Sewer Plans) so that we may determine which appurtenances, trees or shrubbery may interfere with utilities. In general, palm trees will be the only tree species allowed within utility easements. Canopy trees may be planted outside of the easement so that roots and 9316 branches will not impact those utilities within the easement in the foreseeable future. The LDR, Chapter 7.5, Article I, Section 18.1 gives public utilities COA.doc 10/21/05 2 , DEP ARTMENTS INCLUDE REJECT the authority to remove any trees that interfere with utility services, either in utility easements or public rights-of-way. 6. Palm Beach County Health Department permits will be required for the water and sewer systems serving this proiect (CODE, Section 26-12). 7. Fire flow calculations will be required demonstrating the City Code requirement of 1,500 g.p.m. (500 g.p.m. some residential developments) with 20 p.s.i. residual pressure as stated in the LDR, Chapter 6, Article IV, Section 16, or the requirement imposed by insurance underwriters, whichever is greater (CODE, Section 26-16(b)). 8. The CODE, Section 26-34(E) requires that a capacity reservation fee be paid for this project either upon the request for the Department's signature on the Health Department application forms or within seven (7) days of site plan approval, whichever occurs first. This fee will be determined based upon final meter size, or expected demand. 9. A building permit for this project shall not be issued until this Department has approved the plans for the water and/or sewer improvements required to service this project, in accordance with the CODE, Section 26-15. 10. Utility construction details will not be reviewed for construction acceptability at this time. All utility construction details shall be in accordance with the Utilities Department's "Utilities Engineering Design Handbook and Construction Standards" manual (including any updates); they will be reviewed at the time of construction permit application. FIRE Comments: None POLICE Comments: None BUILDING Comments: 11. Indicate within the site data the type of construction of each building as defined in 2004 FBC, Chapter 6. 12. Indicate within the site data the occupancy type of each building as defined in 2004 FBC, Chapter 3. 9317 COA.doc 10/21/05 3 DEPARTMENTS 13. Place a note on the elevation view drawings indicating that the exterior wall openings and exterior wall construction comply with 2004 FBC, Table 704.8, or 2004 FBC, Residential, Section R302.2. Submit calculations that clearly reflect the percentage of protected and unprotected wall openings permitted per 2004 FBC, Table 704.8 or 2004 FBC, Residential, Section R302.2. 14. Buildings, structures and parts thereof shall be designed to withstand the minimum wind loads of 140 mph. Wind forces on every building or structure shall be determined by the provisions of ASCE 7, Chapter 6, and the provisions of 2004 FBC, Section 1609 (Wind Loads). Calculations that are signed and sealed by a design professional registered in the state of Florida shall be submitted for review at the time of permit application. 15. Every building and structure shall be of sufficient strength to support the loads and forces encountered per the 2004 FBC, Section 1607 and Table 1607.1. Indicate the live load (pst) on the plans for the building design. 16. Buildings three-stories or higher shall be equipped with an automatic sprinkler system per F.S. 553.895. Fire protection plans and hydraulic calculations shall be included with the building plans at the time of permit application. 17. At time of permit review, submit signed and sealed working drawings of the proposed construction. 18. CBBCPP 3.C.3.4 requires the conservation of potable water. City water may not, therefore, be used for landscape inigation where other sources are readily available. 19. A water-use pennit from SFWMD is required for an irrigation system that utilizes water from a well or body of water as its source. A copy of the permit shall be submitted at the time of permit application, F.S. 373.216. 20. If capital facility fees (water and sewer) are paid in advance to the City of Boynton Beach Utilities Department, the following information shall be provided at the time of building permit application: A The full name of the project as it appears on the Development Order and the Commission-approved site plan. B If the project is a multi-family project, the building number/s must be provided. The building numbers must be the same as noted on the Commission-approved site plans. C The number of dwelling units in each building. D The number of bedrooms in each dwelling unit. E The total amount paid and itemized into how much is for water and how much is for sewer. (CBBCO, Chapter 26, Article II, Sections 26-34) 9318 INCLUDE REJECT I -l COA.doc 10/21/05 4 DEPARTMENTS INCLUDE REJECT 21. At time of building permit application, submit verification that the City of Boynton Beach Parks and Recreation Impact Fee requirements have been satisfied by a paid fee or conveyance of property. The following information shall be provided: A A legal description of the land. B The full name of the project as it appears on the Development Order and the Commission-approved site plan. C If the project is a multi-family project, the building numberls must be provided. The building numbers must be the same as noted on the Commission-approved site plans. D The number of dwelling units in each building. E The total amount being paid. (CBBCO, Chapter 1, Article V, Section 3(f)) PARKS AND RECREATION Comments: 22. Recreation and Parks Impact Fee is $23,130 and should be paid prior to the issuance of the first permit. FORESTER/ENVIRONMENT ALIST Comments: 23. The plant material (and their specifications) proposed on the Cross Section of Federal Highway Buffer supersedes the same as shown on the landscape plan and therefore, a revised landscape plan will be required at the time of permitting. 24. Three (3) Gumbo Limbo trees are proposed at the northeast comer of the property, adjacent to the single-family home. While Gumbo Limbo trees provide a large canopy, staff still has concerns over the deciduous nature of them and their ability to effectively buffer year-round. Therefore, recommends substituting these three (3) particular trees with another type of native, canopy tree, such as a Paradise, Red Cedar, Ilex, or Mahogany tree or a combination. PLANNING AND ZONING Comments: 25. Because there are multiple lots, a unity of title will be required to join the lots together. This shall be executed prior to the issuance of a building permit. 26. Approval of this project is contingent upon the approval of the accompanying request for land use amendment 1 rezoning (LUAR 05-009). 9319 COA.doc 10/21/05 5 DEP ARTMENTS INCLUDE REJECT 27. The project must obtain approval from the School District of Palm Beach County regarding school concurrency prior to the issuance of a building permi 1. It would be preferable to have this approval prior to the Community Redevelopment Agency Board meeting. 28. On the site plan tabular data (sheet SP 1 of 2), indicate that the project requires 65 parking spaces rather than 62 parking spaces. Also, correct the tabular data on the on the site plan prepared by Randall Stofft Architects (sheet AO.l) so that it matches sheet SP 1 of 2. 29. On the site plan tabular data, the setback table indicates that the parcel setbacks lines would be setback 20 feet from the west property line, 15 feet from the north property line, 30 feet from the south property line, and 10 feet from the east property line. This does not coincide with the aforementioned setback information and as a consequence, must be rectified to match each I other at the time of permitting. 30. All new docks would require approval from the U.S. Army Corps of Engineers. If an IPUD is located with frontage on the Intracoastal Waterway, conditions of approval shall include a deed restriction requiring that any marina or dockage built will not exceed in width, the boundaries of the I project's actual frontage on the water, regardless of what any other governing or permitting entity may allow or permit (Chapter 2, Section 5.L.4.g.(3)). I 31. The sign is limited to six (6) feet in height and 32 square feet in area pursuant to Chapter 21, Article IV, Section l.D. of the Land Development Regulations. 32. A condition of approval from the Community Redevelopment Agency Board from the original site plan application stated the following: Provide formal agreements between the developer and the adjacent property owners regarding the current and proposed water service. This directly relates to those adjacent single family residences currently receiving water service from a well that is located on the subiect property. A condition of approval from the Community Redevelopment Agency Board I 33. I from the original site plan application stated the following: Provide fonnal I agreements between the developer and the adjacent property owners regarding the continued use of existing docks located on the finger canal of the subiect property. 34. All elevation pages shall indicate the paint color name and corresponding color codes. Staff recommends using a color schedule (Chapter 4, Section 7.D.). 35. In order to ensure proper maintenance of the buffer areas, staff recommends converting them from private property to "buffer tracts" that would be owned and maintained by the Home Owners' Association. q~?n COA.doc 10/21/05 6 DEP ARTMENTS INCLUDE REJECT 36. Staff recommends enhancing the south fayade of the southernmost building proposed along Federal Highway with additional elements, such as faux windows, faux balcony, score lines, decorative shutters, awnings, and / or inlays. ADDITIONAL COMMUNITY REDEVELOPMENT AGENCY BOARD COMMENTS: Comments: 37. To be determined. ADDITIONAL CITY COMMISSION COMMENTS: Comments: 38. To be determined. MWRlelj S:IPlanningISHAREDIWPIPROJECTSIEstancia @ Boynton BeachlNWSP 05-026ICOA.doc 9321 DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Estancia at Boynton AGENT: Mr. Carlos Ballbe / Keith & Ballbe, Incorporated AGENTS ADDRESS: 2201 West Prospect Road, Suite 100 Fort Lauderdale, FL 33309 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: December 6, 2005 TYPE OF RELIEF SOUGHT: Request new site plan approval to construct 30 townhouse units on a 2.65-acre parcel in the IPUD zoning district. LOCATION OF PROPERTY: 3010 South Federal Highway. East side of South Federal Highway, approximately 400 feet south of Old Dixie Highway DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. THIS MATTER came before the City Commission of the City of Boynton Beach, Florida appearing on the Consent Agenda on the date above. The City Commission hereby adopts the findings and recommendation of the Community Redevelopment Agency Board, which Board found as follows: OR THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: 1. Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. 2. The Applicant HAS HAS NOT established by substantial competent evidence a basis for the relief requested. 3. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "C" with notation "Included". 4. The Applicant's application for relief is hereby _ GRANTED subject to the conditions referenced in paragraph 3 hereof. DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. 6. All further development on the property shall be made in accordance with the terms and conditions of this order. 9322 7. Other DATED: S.\Planning\SHAREOIWPIPROJECTS\ESlanCla@ Boynton BeachINWSP 05-026\DOdoc City Clerk November 8, 2005 To: Garrett ( B.B.C. Development) From: Steve Gallagher (816 Bamboo Lane) Thank: you for taking the time and interest to address a few concerns of the homeowners of Bamboo Lane. Weare 100% in favor of the project and are anxious to see it get underway. It has been a long 4 years of looking at an eye sore and dealing with the prior developer. As you are aware, a portion of the property was previously zoned for single family use. When the prior developer wanted to change the zoning to its current use, the surrounding residents agreed not to fight the change in exchange for a few improvements to our neighborhood. The City of Boynton Beach backed the residents and conditional approval was given. Now four years later, we are looking for some of those same conditions to be met. There were other issues that were originally agreed to but at this point we are only interested in the ones of greatest importance and ones that can be easily fulfilled without further delay. Attached you will find a letter drafted by the prior developer addressing the greatest concerns. The water line has been installed by the city. The cost of the actual hook up including city fees and plumbing costs are to be paid by the developer. So as to conditions 1 and 2, I would like HHC to pay for the complete hook up to my property. Speaking for Bruce Jarvis, he has already paid for the hook up and should be reimbursed as should Christina Freid whose well was completely destroyed and was forced to hook up at her expense. The other wells are not on your property and are of no concern to me. I realize that these are not conditions which you were aware of and you are inheriting the problem but these were conditions of the zoning change which you now benefit from. As to conditions 3 and 4, a few decorative features like awnings, shutters, or balcony type railings would add some dimension and enhance the elevations of the side of the buildings along Bamboo Lane which constitutes our new view from the front of our homes. In addition, we would like to see a nice landscaping plan for grounds on the south side of your wall along Bamboo Lane. This would further buffer the project from the adjacent homes and enhance our entry to our properties. It is my intention to submit this letter along with the original letter to the CRA tonight. If you can draft a similar letter agreeing to the above conditions and provide me with a copy prior to the meeting, I think we can submit them together and move forward with no delay. You can reach me at 561-718-1300. Best regards, Steve Gallagher. Dakota Lofts 3621 S. Federal Highway Boynton Beacb, FL 33435 561-73s..4S12 Fax: 561-735-0332 ~overnber26,2001 Steve & Laura Gallagher 816 Bamboo Lane Delray Beach, FL 33483 Dear Steve & Laura, It W8!\ a pleasure meeting with you last week. The following points were discussed pertaining to your property. Upon the Dakota Lofts approval of its site plan by the City of Boynton Beach, Dakota I .ofts will, at its expense. agree to: 1. Extend the drinking water line and stub it out to your home. 2. Pay for the water meter hook up fee to your home. 3. Add decorative features to the side of its building. 4. Dakota Lofts will try to get the county to allow it to improve and landsetpe the entrance island coming onto Bamboo Lane from Federal Highway.~ ",,,", ~c.';;""'''' S;'~1... o~ ~""L ~~~\.\':a..,.'d ~l>~'~ ~'"~ ',-~, Please sign wnere indicated below representing your approval so we can have our attorney prepare the necessary documents. Approved: Date: November , 2001 NOV-08-200S(TUE) 13: 46 HHC FLORIDA LLC ...~ HHCFLORIDA , November' 8,. 2005, " , . Mr.:Stcvc' Gallagher 816 Bamboo Lane " , Delray, ~eac~' FL 33483 , Dear Steve: ' , We are glad to know that you and th~ s~unding neighbors are in 'favor ,of " 'our,projccfand look:tbiward to your supPort. '_ . ", " ,,', " . . . ...... . . . , . "Per our Conversation, we will'agreeto pay,thc cOsts associated With',thc'hook , upofviatcr.to:yo~ home at this time. ,.We:~1J.aJso reimburse:Broce J~,s., . and ChIlstina Fried for'thc actual cost of the, work and.meter'fees,up to $4,000 ' ' each.' - , . , ,We' will,agrec',at a.minintumto add aWnings to the secOnd floor square, ,:, , : windows that faCe -Bamboo Lane, which' Will complete' yoUr requeSL: , , 'Additionally, we WiI.I reView other options with our Architcct,today to-,sec if " - other decorative featiire items'can'be"ooded on.the Bambooc1evation:' We .. have added sevClal additionalitcms totbcdacades including,shutters; stuccO", , bands~ arches, etc.' ' " .. ' ,. .' , ' , , ' ,: With rCgaros to H!'tD1bOo ~eJ,.we ha~e"a1ready. 'agfeed: to pave (top' coat) up to our property line and landsCape the island all outside of our property line., ' '. ' " w e. feel~that our lao,dsc8pe architect has crcatcci'a great design With ~'Pect 'to'" '. , ,thc'surrounding streets.. We wjll,bebappy to rcview.ourlandsCape'plan :With ," . you.'" , F~J fre~ ~ocOnm~:tme at.56~-779~3239 'if you ~ave allY qu~~ons. , , SinCerely, , , , . a-' .', ' , , , , . . , . ....~7/.~... , . -i'," .', ' " ': ...... "~ Garrett. Graue', ,Construction Mattager , cc.' , File, , '. . . - . . 1000'i:<Ist Atlantic Avonue. Dclr.ay Beach. Florida 33483,. P 561.266,991.0 . F561266.2815,. ,hhcflorida.com P,OOI/OOl VII. Pulled Consent Agenda Items 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. VIII. Old Business 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. BOYNTON BEACH CRA AGENDA ITEM REQUEST FORM Requested CRA Date Final Materials Must be Meetin!! Dates Turned into CRA Office 0 January 11, 2005 December 28, 2004 (Noon) 0 February 8, 2005 January 25,2005 (Noon) 0 March 8, 2005 February 22, 2005 (Noon) 0 April 12,2005 March 29, 2005 (Noon) 0 May 10,2005 April 26, 2005 (Noon) 0 June 9, 2005 May 26, 2005 (Noon) NA TURE OF . Consent Agenda AGENDA ITEM 0 Director's Report Requested CRA Date Final Materials Must be Turned into Meetin!! Dates CRA Office 0 July 12, 2005 June 28, 2005 (Noon) 0 August 9, 2005 July 26, 2005 (Noon) 0 September 13,2005 August 30, 2005 (Noon) 0 October 11, 2005 September 27, 2005(Noon) . November 8, 2005 October 25, 2005 (Noon) 0 December 13,2005 November 29, 2005 (Noon) 0 Old Business 0 Legal 0 New Business 0 Future Agenda Items 0 Other Item DATE: November2,2005 SUBJECT SUMMARY PARAGRAPH: The CRA Board requested at the October 11th meeting for a face-to-face interview with the CRA's independent auditor, Linda Dufresne of Dufresne & Associates on the specifics of the draft procedural audit covering the period October 1,2004 thru May 31,2005. RECOMMENDATION: Allow the Board to discover the extent of the deficiencies in the Agency's procedures as relates to the audit period and all future operations. EXPLANATION: If a thorough explanation of the audit findings can be discussed with the Board, the Interim Director, the Controller and the auditor they will emerge with a better understanding of the need to follow the Administrative Manual as it pertains to spending, bidding and all other fiscal policies. FISCAL IMPACT: All expenditures, revenues and employee procedures would adhere to the Agency policies thus safeguarding the fiscal integrity of the Agency. ALTERNATIVES: There are no alternatives. T:\CONSENT AGENDAS\2005-2006\lndependent Audit.11.2.5.doc 9331 Page 1 of 1 Bright, Lisa From: Bright, Lisa Sent: Friday, October 21, 2005 1 :06 PM To: 'Iinda@dufresnecpas.com' Cc: Reardon, Robert; Kenneth Spillias; Bressner, Kurt; 'AI DeMarco'; 'Don Fenton'; 'Henderson Tillman'; 'James Barretta'; 'Jeanne Heavlin'; 'Marie Horenberger'; 'Steve Myott' Subject: Procedural Audit Review Dear Linda, Robert Reardon is implementing the recommended procedural changes as outlined in your analysis of the CRA practices for the time period October 1, 2004 - May 31, 2005. As discussed previously, the board has requested either your presence or your associate at the CRA Board Meeting scheduled for November 8, 2005 at 6:30 p.m. Please confirm your availability. Additionally, this will confirm that the regularly scheduled annual audit the eRA's financial statements will begin on November 9th Thank you. Lisa A. Bright Interim Director Boynton Beach Community Redevelopment Agency 639 E. Ocean Avenue, Suite 103 Boynton Beach, FL 33435 561.737.3256 561.7373258 - Fax email: brightl@boynton-beach.fl.us 9332 10/21/2005 Bright. Lisa From: Sent: To: Subject: linda@dufresnecpas.com Friday, October 21, 2005 203 PM Bright, Lisa Re: Procedural Audit Review Lisa, Thanks for the update. I will attend the Board meeting on November 8. Also the financial statement audit will begin on November 9 as planned. Hope all's well with your new responsibilities. Linda Quoting "Bright, Lisa" <BrightL@ci.boynton-beach.fl.us>: > Dear Linda, > > > > Robert Reardon is implementing the recoITLrnended procedural changes as > outlined in your analysis > > of the CRA practices for the time period October I, 2004 - May 31, 2005. > > > > As discussed previously, the board has requested either your presence > or your associate at the > > eRA Board Meeting scheduled for November 8, 2005 at 6:30 p.m. > confirm your availability. > > > > Additionally, this will confirm that the regularly scheduled annual > audit the CRA's financial Please > > statements will begin on November 9th. > > > > Thank you. > > > > > > Lisa A. Bright > > Interim Director > > Boynton Beach Co~nunity Redevelopment Agency > > 639 E. Ocean Avenue, Suite 103 > > Boynton Beach, FL 33435 > > 561.737.3256 > 9333 > 561.737.3258 - Fax > > email: > > brightl@boynton-beach.fl.us DRAFT - DISCUSSION PURPOSES ONLY TRAVEL EXPENSES Observation: Section 112.061(3)(b), Florida Statutes (see Attachment A), provides that "travel expenses of travelers shall be limited to those expenses necessarily incurred by them in the performance of a public purpose authorized by law to be performed by the agency". We found no documentation to support that the following items were necessary to the performance of a public purpose: the turnpike toll passes being charged to the CRA credit card on a regular basis; and expenses for which CRA personnel were reimbursed related to a weekend retreat held in Naples, Florida February 18 - February 20,2005. CREDIT CARD DOCUMENTATION Observation: The CRA policy manual regarding credit cards states, "If for some reason the Cardholder does not have documentation to support any transaction on the monthly statement, the Cardholder will be responsible for the charges." We noted several incidents where we found no documentation to support transactions but the stated policy was not followed. Instead a Missing Receipt Voucher was completed and reimbursement was made to the Cardholder rather than holding the Cardholder responsible for the charges in accordance with the policy manual. PERSONAL USE OF CRA CREDIT CARDS Observation: The CRA policy manual regarding credit cards states "The purchasing credit card cannot be used for any personal use and any such use will require immediate reimbursement and will result in disciplinary action that may include dismissal and/or criminal charges." We noted several incidents where employees used the credit card for personal charges and subsequently paid back the CRA, however we found no documentation that disciplinary action was taken in accordance with the policy. MEAL EXPENSE REIMBURSEMENTS Observation: Section 112.061(5), Florida Statutes (see Attachment A), provides that "No allowance shall be made for meals when travel is confined to the city or town of the official headquarters or immediate vicinity; except assignments of official business outside the traveler's regular place of employment if travel expenses are approved." This type of travel is classified as "Class C" defined as "travel for short or day trips where the traveler is not away from his or her official headquarters overnight." Per Ted Sauerback, Auditor General's Office (see Attachment B), travel law does not provide for payment of meals for vicinity travel if the officer/employee has to conduct official business in a location other than their official place of duty. However, the local government should document in its public records the nature of the business and why it was necessary to conduct business at a location other than the place where the traveler normally conducts business. For example, if a local government employee conducted an interview of an individual at a local restaurant that would be improper to conduct in the presence of other employees at the normal place of business, the 9335 DRAFT - DISCUSSION PURPOSES ONLY August 19,2005 INDEPENDENT ACCOUNTANT'S REPORT ON APPLYING AGREED-UPON PROCEDURES Boynton Beach Community Redevelopment Agency Boynton Beach, Florida We have performed the procedures enumerated below, which were agreed to by the Boynton Beach Community Redevelopment Agency (the "CRA'), solely to assist you with respect to testing the validity of the accounting transactions of the CRA for the eight months ended May 31, 2005. The CRA's management is responsible for the accounting transactions. This agreed-upon procedures engagement was conducted in accordance with attestation standards established by the American Institute of Certified Public Accountants. The sufficiency of these procedures is solely the responsibility of those parties specified in the report. Consequently, we make no representation regarding the sufficiency of the procedures described below, either for the purpose for which this report has been requested or for any other purpose. Our procedures were as follows: 1. Identify fraud exposures by evaluating the internal control structure of the CRA. 2. Test for fraud symptoms In exposure areas by examining selected transactions. Based on the application of the procedures referred to above, the following issues came to our attention that are summarized below TRAVEL RATES Observation: The rates per the CRA's policy manual exceed the maximum travel rates specified in FS 112.061 (6)(a) for per diem, (6)(b) for subsistence, and (7)(d)(1) for mileage (see Attachment A). The rates may be exceeded if they are established by the governing body of a special district by the enactment of a resolution. We found no documentation to support that the eRA's policy manual was enacted by a resolution. 9334 DRAFT - DISCUSSION PURPOSES ONLY three written quotes for all purchases in the amount of $2,000 to $9,999, and a formal bid process for purchases over $10,000. The documentation provided to us did not support that the CRA is consistently adhering to its purchasing policy. PETTY CASH Observation: We examined all petty cash reimbursements for the eight months ending May 31, 2005. CRA policy states the following: "when an employee requests reimbursement or receives an advance from petty cash, the petty cash reimbursement voucher form must be used. The form provides for identification of dollar amount of receipt or expenditure, reason for purchase, payee and signature of employee receiving petty cash. Anytime a disbursement is made from petty cash, it is required that this form be completed in full." All disbursements from the petty cash fund with the exception of one were accompanied by appropriate documentation. However, the petty cash voucher form often listed disbursements to several different payees. Therefore, signatures of employees receiving petty cash reimbursements were not consistently obtained in all cases, resulting in violation of CRA policy. BANK RECONCILIATIONS Observation: We examined selected bank reconciliations for the eight months ended May 31, 2005 to determine that the reconciliations were accurately prepared and properly approved. Wc noted that bank reconciliations were not approved by someone other than the preparer. We had recommended that this procedure be followed in our report dated December 24, 2004. Vic aloo notcd that the April 2005 bank Fe€BRBliation completcd on May 6, 2005 indicatcd that thc formcr controllcr approved t-fle.-Fe€BR€iliation. 'lvc wcre adviocd that the former controller had left thc CR..'\. by this time, and :hercforc could not ha'lc approvcd that rcconciliation. Removed comment per discussions subsequent to release of draft report to Board of Directors evidencing that our understanding regarding the former controller's departure date was incorrect. JOURNAL ENTRIES Observation: We examined selected journal entries and the corresponding supporting documentation and noted the following: . The preparer is the same person approving the journal entry. . Some journal cntries were missing the preparer's signature. . Documentation for some entries did not reflect the amount of the journal entry. . Documentation for some entries did not reflect a reason for the journal entry in sufficient detail. . Documentation did not match the reason for the entry recorded on the journal en try form. Although these do not violate written policies and procedures of the CRA, the steps represent common practice to reduce the risk of fraud. CREDIT CARD EXPENDITURES Observation: Per review of credit card expenditures, we noted the following: 9337 DRAFT - DISCUSSION PURPOSES ONLY local government would have to justify why the interview could not have been held at its headquarters or other facility where the employee normally conducts business rather than at the restaurant. The local government would also have to approve the payment of the cost of any meals. Per review of the CRA's credit card statements, it is common practice to conduct CRA business over lunch or dinner and have the CRA pay for these meals. We found no documentation to support that public records reflected the nature of the business and why it was necessary to conduct business at a location other than the CRA offices, nor that the payment of the cost of the meals was approved as a "travel expense". CLASS C TRAVEL REIMBURSEMENTS REQUIRED TO BE REPORTED ON W-2 Observation: As described above, "Class e" travel is defined as "travel for short or day trips where the traveler is not away from his or her official headquarters overnight." Meal reimbursements and other travel expenses not allowed as a deduction as necessary expenses paid or incurred during the taxable year in carrying on any trade or business must be reported as wages or other compensation on the employee's Form W-2. Stated another way, Internal Revenue Code Section 162(a)(2) provides that there shall be allowed as a deduction all the necessary expenses paid or incurred during the taxable year in carrying on any trade or business, including travel expenses while "away from home." The United States Supreme Court has interpreted the "away from home" requirement as requiring that the taxpayer be away from home overnight or at least long enough to require rest or sleep. Class C travel, as defined in Section 112.06] (2), Florida Statutes, does not involve travel away from home overnight and, therefore, Class C meal allowances are not considered to be deductible traveling expenses. United States Treasury Regulation] .62-2 provides that reimbursements for nondeductible traveling expenses must be reported as wages or other compensation on the employee's Form W-2, and are subject to withholding and payment of employment taxes. We found no documentation to support that employment taxes were paid on the aforementioned reimbursements, or that the reimbursements were included on the employee's W-2 or subjected to withholding. AUTO ALLOWANCE Observation: Pursuant to Section 112.061 (7), Florida Statues, local governments may grant monthly travel allowances in fixed amounts for use of privately owned automobiles on official business in lieu of the mileage reimbursement rate provided in Section 112.061 (7)(d), Florida Statutes (See Attachment A). To demonstrate the reasonableness of the allowance, it must be made on the basis of the signed statement of the traveler, filed before the allowance is granted or charged, and at least annually thereafter, showing the places and distances for an average typical month's travel on official business. The CRA Director receives an auto allowance, however we found no documentation to support that there is a signed statement to demonstrate the reasonableness of the allowance initially or annually. PURCHASING POLICY Observation: We examined numerous disbursements over the amount of $500 to determine if the CRA was adhering to its purchasing policy. The CRA Purchasing Policy requires three verbal quotes for all purchases in the amount of $500 to $1,999, 9336 DRAFT - DISCUSSION PURPOSES ONLY . There were two meals charged to the CRA credit card where the purpose of the meals was noted to be for the CRA retreat held February 18 - February 20, 2005. These costs were not incurred during the period of the retreat. . A receipt indicated that a purchase was for a prescription from a drugstore. The purchasing credit card accountability form for this purchase indicated that a camera was purchased. Per conversation with the drugstore, it was determined that their records confirm the receipt was for a purchase of a prescription and not a camera. We were not engaged to, and did not, conduct an audit, the objective of which would be the expression of an opinion, on the specified elements, accounts, or items. Accordingly, we do not express such an opinion. Had we performed additional procedures, other matters might have come to our attention that would have been reported to you. This report is intended solely for the information and use of the specified users listed above and is not intended to be and should not be used by anyone other than those specified parties. Dufresne & Associates, CPA, PA 9338 DRAFT - DISCUSSION PURPOSES ONLY ATTACHMENT A Title X PUBLIC OFFICERS, EMPLOYEES, AND RECORDS Chapter 112 - PUBLIC OFFICERS AND EMPLOYEES: GENERAL PROVISIONS Florida Statutes 112.061 Per diem and travel expenses of public officers, employees, and authorized persons.-- (1) LEGISLATIVE INTENT.--There are inequities, conflicts, inconsistencies, and lapses in the numerous laws regulating or attempting to regulate travel expenses of public officers, employees, and authorized persons in the state. It is the intent of the Legislature: (a) To remedy same and to establish uniform maximum rates, and limitations, with certain justifiable exceptions, applicable to all public officers, employees, and authorized persons whose travel expenses are paid by a public agency. (b) To preserve the standardization and uniformity established by this law: 1. The provisions of this section shall prevail over any conflicting provisions in a general law, present or future, to the extent of the conflict; but if any such general law contains a specific exemption from this section, including a specific reference to this section, such general law shall prevail, but only to the extent of the exemption. 2. The provisions of any special or local law, present or future, shall prevail over any conflicting provisions In this section, but only to the extent of the conflict. (2) DEFINITIONS.--For the purposes of this section, the following words shall have the meanings indicated: (a) Agency or public agency--Any office, department, agency, division, subdivision, political subdivision, board, bureau, commission, authority, district, public body, body politic, county, city, town, village, municipality, or any other separate unit of government created pursuant to law. (b) Agency head or head of the agencyu The highest policymaking authority of a public agency, as herein defined. (c) Officer or public officer--An individual who in the performance of his or her official duties is vested by law with sovereign powers of government and who is either elected by the people, or commissioned by the Governor and has jurisdiction extending throughout the state, or any person lawfully serving instead of either of the foregoing two classes of individuals as initial designee or successor. (d) Employee or public employee--An individual, whether commissioned or not, other than an officer or authorized person as defined herein, who is filling a regular or full-time authorized position and is responsible to an agency head. 9339 DRAFT - DISCUSSION PURPOSES ONLY (e) Authorized person-- 1. A person other than a public officer or employee as defined herein, whether elected or commissioned or not, who is authorized by an agency head to incur travel expenses in the performance of official duties. 2. A person who is called upon by an agency to contribute time and services as consultant or adviser. 3. A person who is a candidate for an executive or professional position. (f) traveler--A public officer, public employee, or authorized person, when performing authorized travel. (g) travel expense, traveling expenses, necessary expenses while traveling, actual expenses while traveling, or words of similar nature--The usual ordinary and incidental expenditures necessarily incurred by a traveler. (h) Common carrier--Train, bus, commercial airline operating scheduled flights, or rental cars of an established rental car firm. (i) travel day--A period of 24 hours consisting of four quarters of 6 hours each. (j) travel period--A period of time between the time of departure and time of return. (k) Class A travel--Continuous travel of 24 hours or more away from official headquarters. (I) Class B travel--Continuous travel of less than 24 hours which involves overnight absence from official headquarters. (m) Class C travel--travel for short or day trips where the traveler is not away from his or her official headquarters overnight. (n) Foreign travel--travel outside the United States. (3) AUTHORITY TO INCUR travel EXPENSES.-- (a) All travel must be authorized and approved by the head of the agency, or his or her designated representative, from whose funds the traveler is paid. The head of the agency shall not authorize or approve such a request unless it is accompanied by a signed statement by the traveler's supervisor stating that such travel is on the official business of the state and also stating the purpose of such travel. (b) travel expenses of travelers shall be limited to those expenses necessarily incurred by them in the performance of a public purpose authorized by law to be performed by the agency and must be within the limitations prescribed by this section. (c) travel by public officers or employees serving temporarily in behalf of another agency or partly in behalf of more than one agency at the same time, or authorized 9340 DRAFT - DISCUSSION PURPOSES ONLY persons who are called upon to contribute time and services as consultants or advisers may be authorized by the agency head. Complete explanation and justification must b~ shown on the travel expense voucher or attached thereto. (d) travel expenses of public employees for the sole purpose of taking merit system or other job placement examinations, written or oral, shall not be allowed under any circumstances, except that upon prior written approval of the agency head or his or her designee, candidates for executive or professional positions may be allowed travel expenses pursuant to this section. (e) The agency head, or a designated representative, may pay by advancement or reimbursement, or a combination thereof, the costs of per diem of travelers and authorized persons for foreign travel at the current rates as specified in the federal publication "Standardized Regulations (Government Civilians, Foreign Areas)" and incidental expenses as provided in this section. (f) A traveler who becomes sick or injured while away from his or her official headquarters and is therefore unable to perform the official business of the agency may continue to receive subsistence as provided in subsection (6) during this period of illness or injury until such time as he or she is able to perform the official business of the agency or returns to his or her official headquarters, whichever is earlier. Such subsistence may be paid when approved by the agency head or his or her designee. (g) The secretary of the Department of Health or a designee may authorize travel expenses incidental to the rendering of medical services for and on behalf of clients of the Department of Health. The Department of Health may establish rates lower than the maximum provided in this section for these travel expenses. (4) OFFICIAL HEADQUARTERS.--The official headquarters of an officer or employee assigned to an office shall be the city or town in which the office is located except that: (a) The official headquarters of a person located in the field shall be the city or town nearest to the area where the majority of the person's work is performed, or such other city, town, or area as may be designated by the agency head provided that in all cases such designation must be in the best interests of the agency and not for the convenience of the person. (b) When any state employee is stationed in any city or town for a period of over 30 continuous workdays, such city or town shall be deemed to be the employee's official headquarters, and he or she shall not be allowed per diem or subsistence, as provided in this section, after the said period of 30 continuous workdays has elapsed, unless this period of time is extended by the express approval of the agency head or his or her designee. (c) A traveler may leave his or her assigned post to return home overnight, over a weekend, or during a holiday, but any time lost from regular duties shall be taken as annual leave and authorized in the usual manner. The traveler shall not be reimbursed for travel expenses in excess of the established rate for per diem allowable had he or she remained at his or her assigned post. However, when a traveler has been temporarily assigned away from his or her official headquarters for an approved period extending beyond 30 days, he or she shall be entitled to reimbursement for travel 9341 DRAFT - DISCUSSION PURPOSES ONLY expenses at the established rate of one round trip for each 30-day period actually taken to his or her home in addition to pay and allowances otherwise provided. (5) COMPUTATION OF travel TIME FOR REIMBURSEMENT.--For purposes of reimbursement and methods of calculating fractional days of travel, the following principles are prescribed: (a) The travel day for Class A travel shall be a calendar day (midnight to midnight). The travel day for Class B travel shall begin at the same time as the travel period. For Class A and Class B travel, the traveler shall be reimbursed one-fourth of the authorized rate of per diem for each quarter, or fraction thereof, of the travel day included within the travel period. Class A and Class B travel shall include any assignment on official business outside of regular office hours and away from regular places of employment when it is considered reasonable and necessary to stay overnight and for which travel expenses are approved. (b) A traveler shall not be reimbursed on a per diem basis for Class C travel, but shall receive subsistence as provided in this section, which allowance for meals shall be based on the following schedule: 1. Breakfast--When travel begins before 6 a.m. and extends beyond 8 a.m. 2. Lunch--When travel begins before 12 noon and extends beyond 2 p.m. 3. DinnernWhen travel begins before 6 p.m. and extends beyond 8 p.m., or when travel occurs during nighttime hours due to special assignment. No allowance shall be made for meals when travel is confined to the city or town of the official headquarters or immediate vicinity; except assignments of official business outside the traveler's regular place of employment if travel expenses are approved. The Chief Financial Officer shall establish a schedule for processing Class C travel subsistence payments at least on a monthly basis. l(C) For the 2005-2006 fiscal year only and notwithstanding the other provisions of this subsection, for Class C travel, a state traveler shall not be reimbursed on a per diem basis nor shall a traveler receive subsistence allowance. This paragraph expires July 1, 2006. (6) RATES OF PER DIEM AND SUBSISTENCE ALLOWANCE.--For purposes of reimbursement rates and methods of calculation, per diem and subsistence allowances are divided into the following groups and rates: (a) All travelers shall be allowed for subsistence when traveling to a convention or conference or when traveling within or outside the state in order to conduct bona fide state business, which convention, conference, or business serves a direct and lawful public purpose with relation to the public agency served by the person attending such meeting or conducting such business, either of the following for each day of such travel at the option of the traveler: 1. Fifty dollars per diem; or 9342 DRAFT - DISCUSSION PURPOSES ONLY 2. If actual expenses exceed $50, the amounts permitted in paragraph (b) for meals, plus actual expenses for lodging at a single-occupancy rate to be substantiated by paid bills therefor. When lodging or meals are provided at a state institution, the traveler shall be reimbursed only for the actual expenses of such lodging or meals, not to exceed the maximum provided for in this subsection. (b) All travelers shall be allowed the following amounts for subsistence while on Class C travel on official business as provided in paragraph (5)(b): 1. Breakfast ............ $3 2. Lunch ............ $6 3. Dinrler ............ $12 (c) No one, whether traveling out of state or in state, shall be reimbursed for any meal or lodging included in a convention or conference registration fee paid by the state. led) For the 2005-2006 fiscal year only and notwithstanding the other provisions of this subsection, for Class C travel, a state traveler shall not be reimbursed on a per diem basis nor shall a traveler receive subsistence allowance. This paragraph expires July 1, 2006. (7) TRANSPORTATION.-- (a) All travel must be by a usually traveled route. In case a person travels by an indirect route for his or her own convenience, any extra costs shall be borne by the traveler; and reimbursement for expenses shall be based only on such charges as would have been incurred by a usually traveled route. The agency head or his or her designee shall designate the most economical method of travel for each trip, keeping in mind the following conditions: 1. The nature of the business. 2. The most efficient and economical means of travel (considering time of the traveler, impact on the productivity of the traveler, cost of transportation, and per diem or subsistence required). When it is more efficient and economical to either the traveler or the agency head, jet service offered by any airline, whether on state contract or not, may be used when the cost is within an approved threshold determined by the agency head or his or her designee. 3. The number of persons making the trip and the amount of equipment or material to be transported. (b) The Department of Financial Services may provide any form it deems necessary to cover travel requests for traveling on official business and when paid by the state. (c) Transportation by common carrier when traveling on official business and paid for personally by the traveler, shall be substantiated by a receipt therefor. Federal tax shall 9343 DRAFT - DISCUSSION PURPOSES ONLY not be reimbursable to the traveler unless the state and other public agencies are also required by federal law to pay such tax. In the event transportation other than the most economical class as approved by the agency head is provided by a common carrier on a flight check or credit card, the charges in excess of the most economical class shall be refunded by the traveler to the agency charged with the transportation provided in this manner. (d)1. The use of privately owned vehicles for official travel in lieu of publicly owned vehicles or common carriers may be authorized by the agency head or his or her designee. Whenever travel is by privately owned vehicle, the traveler shall be entitled to a mileage allowance at a fixed rate of 25 cents per mile for state fiscal year 1994-1995 and 29 cents per mile thereafter or the common carrier fare for such travel, as determined by the agency head. Reimbursement for expenditures related to the operation, maintenance, and ownership of a vehicle shall not be allowed when privately owned vehicles are used on public business and reimbursement is made pursuant to this paragraph, except as provided in subsection (8). 2. All mileage shall be shown from point of origin to point of destination and, when possible, shall be computed on the basis of the current map of the Department of Transportation. Vicinity mileage necessary for the conduct of official business is allowable but must be shown as a separate item on the expense voucher. (e) Transportation by chartered vehicles when traveling on official business may be authorized by the agency head when necessary or where it is to the advantage of the agency, provided the cost of such transportation does not exceed the cost of transportation by privately owned vehicle pursuant to paragraph (d). (f) The agency head or his or her designee may grant monthly allowances in fixed amounts for use of privately owned automobiles on official business in lieu of the mileage rate provided in paragraph (d). Allowances granted pursuant to this paragraph shall be reasonable, taking into account the customary use of the automobile, the roads customarily traveled, and whether any of the expenses incident to the operation, maintenance, and ownership of the automobile are paid from funds of the agency or other public funds. Such allowance may be changed at any time, and shall be made on the basis of a signed statement of the traveler, filed before the allowance is granted or changed, and at least annually thereafter. The statement shall show the places and distances for an average typical month's travel on official business, and the amount that would be allowed under the approved rate per mile for the travel shown in the statement, if payment had been made pursuant to paragraph (d). (g) No contract may be entered into between a public officer or employee, or any other person, and a public agency, in which a depreciation allowance is used in computing the amount due by the agency to the individual for the use of a privately owned vehicle on official business; provided, any such existing contract shall not be impaired. (h) No traveler shall be allowed either mileage or transportation expense when gratuitously transported by another person or when transported by another traveler who is entitled to mileage or transportation expense. However, a traveler on a private aircraft shall be reimbursed the actual amount charged and paid for the fare for such transportation up to the cost of a commercial airline ticket for the same flight, even though the owner or pilot of such aircraft is also entitled to transportation expense for 9344 DRAFT - DISCUSSION PURPOSES ONLY the same flight under this subsection. (8) OTHER EXPENSES.-- (a) The following incidental travel expenses of the traveler may be reimbursed: 1. Taxi fare. 2. Ferry fares; and bridge, road, and tunnel tolls. 3. Storage or parking fees. 4. Communication expense. 5. Convention registration fee while attending a convention or conference which will serve a direct public purpose with relation to the public agency served by the person attending such meetings. A traveler may be reimbursed the actual and necessary fees for attending events which are not included in a basic registration fee that directly enhance the public purpose of the participation of the agency in the conference. Such expenses may include, but not be limited to, banquets and other meal functions. It shall be the responsibility of the traveler to substantiate that the charges were proper and necessary. However, any meals or lodging included in the registration fee will be deducted in accordance with the allowances provided in subsection (6). (b) Other expenses which are not specifically authorized by this section may be approved by the Department of Financial Services pursuant to rules adopted by it. Expenses approved pursuant to this paragraph shall be reported by the Department of Financial Services to the Auditor General annually. (9) RULES.-- (a) The Department of Financial Services shall adopt such rules, including, but not limited to, the general criteria to be used by a state agency to predetermine justification for attendance by state officers and employees and authorized persons at conventions and conferences, and prescribe such forms as are necessary to effectuate the purposes of this section. The department may also adopt rules prescribing the proper disposition and use of promotional items and rebates offered by common carriers and other entities in connection with travel at public expense; however, before adopting such rules, the department shall consult with the appropriation committees of the Legislature. (b) Each state agency shall adopt such additional specific rules and specific criteria to be used by it to predetermine justification for attendance by state officers and employees and authorized persons at conventions and conferences, not in conflict with the rules of the Department of Financial Services or with the general criteria to be used by a state agency to predetermine justification for attendance by state officers and employees and authorized persons at conventions, as may be necessary to effectuate the purposes of this section. (10) FRAUDULENT CLAIMS.--Claims submitted pursuant to this section shall not be required to be sworn to before a notary public or other officer authorized to administer oaths, but any claim authorized or required to be made under any provision of this 9345 DRAFT - DISCUSSION PURPOSES ONLY section shall contain a statement that the expenses were actually incurred by the traveler as necessary travel expenses in the performance of official duties and shall be verified by a written declaration that it is true and correct as to every material matter; and any person who willfully makes and subscribes any such claim which he or she does not believe to be true and correct as to every material matter, or who willfully aids or assists in, or procures, counsels, or advises the preparation or presentation under the provisions of this section of a claim which is fraudulent or is false as to any material matter, whether or not such falsity or fraud is with the knowledge or consent of the person authorized or required to present such claim, is guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083. Whoever shall receive an allowance or reimbursement by means of a false claim shall be civilly liable in the amount of the overpayment for the reimbursement of the public fund from which the claim was paid. (11) travel AUTHORIZATION AND VOUCHER FORMS.-- (a) Authorization forms.--The Department of Financial Services shall furnish a uniform travel authorization request form which shall be used by all state officers and employees and authorized persons when requesting approval for the performance of travel to a convention or conference. The form shall include, but not be limited to, provision for the name of each traveler, purpose of travel, period of travel, estimated cost to the state, and a statement of benefits accruing to the state by virtue of such travel. A copy of the program or agenda of the convention or conference, itemizing registration fees and any meals or lodging included in the registration fee, shall be attached to, and filed with, the copy of the travel authorization request form on file with the agency. The form shall be signed by the traveler and by the traveler's supervisor stating that the travel is to be incurred in connection with official business of the state. The head of the agency or his or her designated representative shall not authorize or approve such request in the absence of the appropriate signatures. A copy of the travel authorization form shall be attached to, and become a part of, the support of the agency's copy of the travel voucher. (b) Voucher forms.-- 1. The Department of Financial Services shall furnish a uniform travel voucher form which shall be used by all state officers and employees and authorized persons when submitting travel expense statements for approval and payment. No travel expense statement shall be approved for payment by the Chief Financial Officer unless made on the form prescribed and furnished by the department. The travel voucher form shall provide for, among other things, the purpose of the official travel and a certification or affirmation, to be signed by the traveler, indicating the truth and correctness of the claim in every material matter, that the travel expenses were actually incurred by the traveler as necessary in the performance of official duties, that per diem claimed has been appropriately reduced for any meals or lodging included in the convention or conference registration fees claimed by the traveler, and that the voucher conforms in every respect with the requirements of this section. The original copy of the executed uniform travel authorization request form shall be attached to the uniform travel voucher on fi Ie with the respective agency. 2. Statements for travel expenses incidental to the rendering of medical services for and on behalf of clients of the Department of Health shall be on forms approved by the 9346 DRAFT - DISCUSSION PURPOSES ONLY Department of Financial Services. (12) ADVANCEMENTS.--Notwithstanding any of the foregoing restrictions and limitations, an agency head or his or her designee may make, or authorize the making of, advances to cover anticipated costs of travel to travelers. Such advancements may include the costs of subsistence and travel of any person transported in the care or custody of the traveler in the performance of his or her duties. (13) DIRECT PAYMENT OF EXPENSES BY AGENCY.--Whenever an agency requires an employee to incur either Class A or Class B travel on emergency notice to the traveler, such traveler may request the agency to pay his or her expenses for meals and lodging directly to the vendor, and the agency may pay the vendor the actual expenses for meals and lodging during the travel period, limited to an amount not to exceed that authorized pursuant to this section. In emergency situations, the agency head or his or her designee may authorize an increase in the amount paid for a specific meal, provided that the total daily cost of meals does not exceed the total amount authorized for meals each day. The agency head or his or her designee may also grant prior approval for a state agency to make direct payments of travel expenses in other situations that result in cost savings to the state, and such cost savings shall be documented in the voucher submitted to the Chief Financial Officer for the direct payment of travel expenses. The provisions of this subsection shall not be deemed to apply to any legislator or to any employee of the Legislature. (14) APPLICABILITY TO COUNTIES, COUNTY OFFICERS, DISTRICT SCHOOL BOARDS, AND SPECIAL DISTRICTS.-- (a) Rates that exceed the maximum travel reimbursement rates for nonstate travelers specified in paragraph (6)(a) for per diem, in paragraph (6)(b) for subsistence, and in subparagraph (7)(d)1. for mileage may be established by: 1. The governing body of a county by the enactment of an ordinance or resolution; 2. 1'\ county constitutional officer, pursuant to s. l(d), Art. VIII of the State Constitution, by the establishment of written policy; 3. The governing body of a district school board by the adoption of rules; or 4. The governing body of a special district, as defined in s. 189.403(1), except those special districts that are subject to s. ]66.021(10), by the enactment of a resolution. (b) Rates established pursuant to paragraph (a) must apply uniformly to all travel by the county, county constitutional officer and entity governed by that officer, district school board, or special district. (c) Except as otherwise provided in this subsection, counties, county constitutional officers and entities governed by those officers, district school boards, and special districts, other than those subject to s. J()~Jl1J(10), remain subject to the requirements of this section. History."S5. 1.3. ch. 22830,1945; 55.1,2,3, ch 23892,1947; S5 1,3, ch. 25040, 1949; 55.1,3, ch. 26910, 195],5. ], ch 28303,1953; 5 1, ch. 29628,1955; s. 1, ch 57-230; 5. 1, ch. 61-183; 5.1, ch. 61-43; 5.1, ch. 63-5; 5.1, cil 63-]92; 5. 1, ch. 63-122; 5.1, ch. 63-400; S5. 2, 3, ch. 67-371; S5 1,2, ch. 67-2206; 5. 1, ch. 69-193; 5.1, 9347 DRAFT - DISCUSSION PURPOSES ONLY ch. 69-381; 55. 12, 23, 31, 35, ch. 69-106; s. 65, ch. 71-136; s. 1, ch. 72-213; s. 1, ch. 72-217; 5.1, ch. 72-324; s. 26, ch. 72-404; s. 1, ch. 73-169; 5.1, ch. 74-15; 5. 1, ch. 74-246; 5. 1, ch. 74-365; 55.1,2, ch. 75-33; 5.1, ch. 76- 166; s. 2, ch. 76-208; 55. 1,2, ch. 76-250; s. 1, ch 77-174; s. 1, ch. 77-231; 55. 1, 2, ch. 77-437; 5. 2, ch. 78-95; 5. 51, ch. 79-190; s. 1, ch. 79-205; 5.1, ch. 79-303; s. 1, ch. 79-412; ss. 1,2, ch. 81-207; 55. 1,2, ch. 83-307; 5.1, ch. 85-140; 5.1, ch. 87-407; 5.4, ch. 88-235; 5. 12, ch. 89-291; 5. 18, ch. 91-45; 5.1, ch. 94-139; 5. 1403, ch. 95- 147; s. 26, ch. 95-312; 5. 5, ch. 96-310; s. 43, ch. 96-399; 5. 23, ch. 98-136; 5.9, ch. 99-8; 5.7, ch. 99-155; 5. 16, ch. 99-399; 55. 48, 53, ch. 2001-254; 55.46,79, ch. 2002-402; s. 2, ch. 2003-125; s. 123, ch. 2003-261; 5. 49, ch. 2003-399; s. 5, ch. 2004-5; s. 32, ch. 2004-269; s. 23, ch. 2005-71. 'Note.-- A. Section 23, ch. 2005-71, amended paragraphs (5)(c) and (6)(d) "[i]n order to implement sections 2-7 of the 2005-2006 General Appropriations Act." Some specific appropriations and proviso language relating to these appropriations were vetoed. See ch. 2005-70, the 2005-2006 General Appropriations Act. B. Section 54, ch. 2005-71, provides that "[a] section of thiS act that implements a specific appropriation or specifically identified proviso language in the 2005-2006 General Appropriations Act is void if the specific appropriation or specifically identified proviso language is vetoed A section of this act that implements more than one specific appropriation or more than one portion of specifically identified proviso language in the 2005-2006 General Appropriations Act is void if all the specific appropriations or portions of specifically Identified proviso language are vetoed." Not all portions of speCifically identified appropriations and proviso language relating to the amendment of 5. ill:.'}Q1(5)(c) and (6)(d) were vetoed. 9348 DRAFT - DISCUSSION PURPOSES ONLY ATTACHMENT B 9349 DRAFT - DISCUSSION PURPOSES ONLY Florida Government Finance Officers Association Your profe.\'sional resource for education, networking, leadership and information. ~~~..-:; .::!1t.""~' - :'X~ ~- I.~.r #_~. ,- 1,,;(,., ~-~ _' li~. 'l'l ~ F. t - - !' . U. \, ,'h' . ~ , t1 ;,' 1.. _ _ . .:~, May/June 2003 Career Seminar Date Change ." ',' .,'..'.., The Career Seminar scheduled for June 20,2003, has been charigedt~,: June 27, 2003. The topic will be Pensions and the location is the,l-Iyatt Regency, Coral Gables. 'vi'.;',> What You Always Wanted to Know About the Travel Law, but Were Afraid to Ask Ted Sauerbeck, Auditor Genera! 's Office Q: Can local governments pay per diem and subsistence rates that exceed those prescribed by Section 112.061 (6), Florida Statutes? A: Section 112,061(1)(b)2" Florida Statutes, states that "The provisions of any special or local law, present or future, shall prevail over any con- flicting provisions in this section, but only to the extent of the conflict." Over the years, there has been some confusion as to what constitutes a "spe- cial or local" law, and many local governments have interpreted this provision, based on Attorney General Opinion (AGO) 74-18, to mean that their governing bodies could enact per diem and sub- s istence rates that exceeded those set forth in the travel law, The attorney general has also noted in several recent opinions, including AGO 2003-1, that a "local law" does not refer to local codes or ordinances, but to enactments of the Florida Leg- islature (e,g" special acts), Further, the attorney general recently issued Attorney General Opinion (AGO) 2003-01 stating "While a municipality may legislate on the subject of per diem and subsis- tence allowances for governmental travelers, the (colllillued OIJ page 3) The following article was suhmitted hy the Auditor General Office and IS not an official position o(the FGFOA, IndIvIdual governments are encouraged to consult With their legal coun- sel to discuss their agreement or dIsagreement with the positions stated in this arlIe/e, In 1931, the Legislature enacted Chapter 16] 84, Laws of Florida, which established the maximum amount of mileage and subsistence allowed for State officers and employees when traveling on State business, It authorized the sum of S4 50 a day for subsistence, and 5 cents a mile for mileage when the State officer or employee used their own vehicle, In 1963, the Legislature enacted Chapter 63-400, Laws of Florida, which expanded the travel law (Section I 12,06], Florida Statutes) to also encompass local governments and consultants/ad- visors doing business on behalf of local govern- ments, The Legislature's intent was to establish unifonn maximum rates and limItations, However, over the years, the law has proven not to be as "clear cut" as intended and has been the source of confusion for many local government officials, This is evident by the numerous A t- torney General Opinions issued per- taining to the travel law, This artIcle, through a series of questIOns and answers, attempts to clarIfy some travel law issues, The answers included III thiS ar- ticle are based on the currcnt travel law as prescribed by Section I ] 2.06], Florida Statutes (2002), and do consider conf1icting provisions that may exist in a speCIal or local law At the time thIS article was WrIt- ten, there were several bills affect- mg the travel law that had been fi led for the 2003 legislative sessIOn (111- cluding SB 1426, see discussion be- low for question I) that, if cnacted, could affect some of the answers, 9350 I I Inside Highlights 'r, '. ''''''.>,,~.''_ . ,....;,.-" President's Message ............ .... ...........;.......:....:..2 It's About You ..............................................:........ 4 FGFOA Welcomes Its Newest Members........;...... 5 Member Spotlight ......................................:.........6 Committee Reports ............................................. 7 Chapter News and Announcements .................. 10 Position Announcements .................................. 12 Ca lenda r ........................................... ....... .......... 13 Expanded Member Profile .................................. 15 DRAFT - DISCUSSION PURPOSES ONLY __, _FLORIDA GOVERNMENT FINANCE OFFICERS ASSOCIATION, INC. (President's i'fessl!' r lOIl...,'!.'I, '1.1/ },I months. Recogl1l/1ng thl" IUllger than usual telm, lofty goals were developed dlllll1g the strategic planning proces:, Througllulll the year, the Board and Committee" \vere dedlcrlted. worked hard, and I'm pleased to report. wele successful in accom- plishing all objectives !'ILIIIY significant issues were tackled, me 11Ill1ng " c' c: 11ljlrehensi ve review ofFGFOA Poliele" al1d J'r,l,'edures, evaluation of service to Chapter", cre:l1lc.l: 0 I' new committees, and implement:ltlun uf I :.rIUII" Il1Itiatives. Every- one was affected by d ~'ledt splrll of teamwork and friendship. These Indllldu:rls arc truly remarkable considering this IS dune 111 a \olunteer capacity beyond their nOlm:il nrof'cssional duties. The FGFOA was JOllled 111 these erforts by Jeannie (continued/rom jJ( rates established by Sectl<111 112.061(6), Florida Statutes, may not be exce'.:kd .. However, on the last day of thc 2003 regl: b seSSion, SB 1426 passed both the Sel1ate tile House, and wdl become law unlc", vClOec till' governor. This law would pern lit local ~.")\ ell:lI1ents to establish per diem and SUl',.Slstel1ee rates that exceed those provided for in Sectiol1 ] 12.06] Local govern- ments should clusely monitor the progress of this bill. Should SB 1126 not become law by virtue of a veto by the govelllor, lucI:1 gOlernments that have adopted through ordlilal1l'e or resolutIOn per diem or subsistence Lire:; 111 cxec,s ufthe maxImum rates established by SellJ(lll :: 2 ()() I (6), Florida Stat- utes, should COli' It! t WI th Ikll I kgal counsel or the attorney genera I Q: Can local ::liV ('r'llIlI !.:I\ a mileage rate that exceeds ILal pI ':Jl'd b~' Section 112.061(7)(d). l!ori~;:t \, ,1-...',' A: Section 1120()1(7 1'luridaStatutes,pro- vidcs that "\Vhellever trd\ ell, privately owned vehicle, thc travcler ,hdlllJe elltitled to a mileage allowance at a [I',ed r::le l-f . 29 cents per mile . . . or the comlllOI: c<lITicr fare fur such travel, as dctermined by the agellcy head" The attorney gen- eral has not spec I I'IC<I: Iy ujJined on whether or not a local govemlllc'llt mllY j':lY d mileage rate grcater than the 29 cents PCII'111c Idtc specified In Section 112.061(7)(d), !IUllcl,: S: IlIles Howcver, based on AGO 2003-():. which ul,illed that a municipal- ity cannot adopt per :!Iell] lillC! subsistellce allow- ances in exccs, llf tlillSC \ Idcd by Section 112.061, Florid<l Sldtlltes. I: questIOnable as to whether a local ,'llV emmel., :),:Id may PdY a mrle- age rate greater llidll thc' ccnts per mile rate specifted in SeCIIUl1 ]]2 1(7)(d), FlOrida Stat- utes. However, II SH 112(, (see dISCUSSIOl1ln ques- tion 1 above) b':cun:~s Llw, I(),'al governments would be permitl_'d tu .lstll':lish mileage reimburse- ment rates III ex, ~.SS uJ tl:,.lse pLJ\'lded for in Sec- tion 112.061, ]-'j.)rldll Slilutes. Shuuld S8 1426 not become la\! IDC::I llvcr:]ments that have adopted mileage rlites ill e'lcc.,s of the maximum Hagan and her staff, who provided outstanding service to our ASSOCiation. \Ve arc truly fortunate to work With tillS group of professionals who care so deeply about the success l)four Association. In clOSing, thank you fur a wonderful year. It was a pleasure getting to know many of you personally I am happy to see Gib Mitchell rejoin- ing the Board as Secretary-Treasurer I extend well wishes to him, the Officers, and to my friends on the Board :\cxt year holds many excitlllg oppor- tunities. Let the Board hear from you they truly want to serle your needs and they are sincere in their commitment to publIc senice Agall1, thank you for the opportun ity to serve and for your unending support With much gratititude Deborah. rates established by Section 112.061 (6), Florida Statutes, should consult with their legal counselor the attorney gelleral Q: \\hat h the relationship of per diem to subsistelll'l' ,,1I<mancl's'! A Section 112.061 (6 )(a), Florida Statutes, pro- vides that travelers are allowed either $50 per diem or, If actual expenses exceed $50, the amounts permitted In SectIOn 112.061(6)(b) for meals ($3 for break LiSt, $6 for lunch, and $12 fur dinner), plus actual expenses for lodging at a single-occu- pancy rate to bc substantiated by paid bills. Thus, $21 of the 'b50 per diem rate IS for meals, with the remainlI1g related to lodglI1g Obviously, With only $29 relating to lodging, many travelers will claim actuallodgmg when on overnight travel For class A and B tralel (involves overnight travel), the trav- eler may either claim the $50 per diem (allocated as appropriate based on the time of departure and return), or actual lodging plus meals ($3, $6, and/ or & 12) For class C travel (docs not involve over- night travel), the traveler may be entitled to $3, S6, and/or $12 dependlI1g on the time of departure and time of return. Q: Should class C meal allowances be treated as taxablL' compensation '! A Yes. Class C meal allowances paid should be reported as wages or other compensation, and subjected to wlthholdlllg for Federal income tax and emplo\ment taxes Internal Revenue Code Section 1 provides that there shall be al- lowed as a deduction all the necessary expenses paid or inelllrcd durll1g tbe taxable year in carry- ing on any trade or business, Including travel ex- penses wbile "away from home" The United States Supremc ('ourt has JIltcrpreted the "away from home" rcqulrement as reqUIrIng that the taxpayer be away ['10m home olernlght or at least long enough to ll'qUIIT rest or sleep. Class C travel, as defincd In Section I] 2061 (2), FlOrida Statutes, docs not ill\olv c travel away from home overnight and, thercforc, class C meal allowances arc not considered to be deductible traveling expenses. 9351 ellge 4) 3 DRAFT - DISCUSSION PURPOSES ONLY FLORIDA GOVERNMENT FINANCE OFFICERS ASSOCIATION, INC. (continueJ/rom po United States Treasury Regulation 1.62-2 provides that reimburse- ments for nondeductible traveling expenses must be reported as wages or other compensatIOn on the employee's FOlm W -2, and arc subject to withholding and payment of employment taxes. Since the early 90's, the Department or Financial Services (formerly the Department of Banking and Finance) has subjected class C meal allowances paid [0 state el1lployees to withholding of income and social security [<lxes (see ])ep"rtment of Financial Services Rule 3a-42.006(8), F!emda Adminlstrativc Code). The basis for the department's rule was Comptroller's Memorandum #] 5 (1989-90). Subsequent legal interpretations have affirmed that class C meals must be subjeekd to feder,,1 withholdll1g and employment taxcs re- gardless of whcther travelers are paId a meal allowance r~lte Q: Maya lo,:d govel':tl11ent pay a travel allowance and, it so. what are the <!ncum 'nt:. ,ion requirements? A: Pursuant tI1 Section 112.061 (7)(f), Florida Statutes, local gov- ernments may grimt monthly travel allowances in fixed amounts for use of privately lIwned autOlllobrles on official business in lieu of the mileage relmhursement r~l\e provided in Section] 12.061(7)(d), Florida Statutes To demollstl::te the reasonableness of the allow- ance, it must be made on tile baSIS of the signed statement of the traveler, filed before the lillolVanee is granted or charged, and at least annually thereafter, showing the places and distances for an average typical month 's tr:lvel on official busmess. Q: l\-lay a local goycl':lmellt pay for a traveler's l11e31 for a business meetin;.: held in the sallie area in which the tra\'L'lcr's headquarters is lllL:l1ecl': A: Yes, but only under certain limited conditions. Section ] ]2.06](5), Florida Statutes, proVIdes that "No allowance shall be made for meals whell tralel is confined to the city or town of the official headquarters ell' Il11mediate vicinity; except assignments of official business \1Utside the tr,lve]er's regular place of employment if travel expense,: <Ire :lpprovd." Accordingly, the travel law docs provide for payment of me,,!, for vicinity travel if the officer! employee has to conduct o!llcial bUSiness to a location other than their official place of duty IIowever, the local government should document in its publIc records the nature of the business and why It was necessary to conduct husincss at a location other than the place where traveler normally conducts busmess. For example, if a local government emp loyee conducted an interview of a prospective em- ployee or contrlietor at a local rcstaurant, and the local governmcnt paid for the mea Is, the locdl government would have to justify why the interView could not h,lve bccn held at its headquarters or other facility where thc employee normally conducts business rather than at the restaurant Q: If an emp;.iVCl' :ran-::; :"OIll Cit:- A to City B. and th" olli- cial Departmell' or ral;'.: iii'ration lIlap mileage i, 200 llIiles but the actuallllikai;L' \\a\ ",ilmiles. h the employee entitled to be reimbursed (lir:i ad,.,,,..nal 50 miles? A: Pursuant to SectIOns 112.06] (7)(a) and (7)(d)2., Florida Stat- utes, travel must be by the ]JIO,t direct route (i,e., if a person travels by an indirect rollte for hIS or her own convenience, any extra costs shall be borne bv the tra "der) and mileage must be shown from point of on gin tu point of des tina lion computed, when possible, on the basis of the current m<lp of the Department of Transportation. Assuming the tr,l vel was by the most direct route, mileage shou Id be computed on ,I baSIS orthe distance from the employee's helld- quarters city to the clly 111 which duties lire to be performed, unless the actual travel chstance IS shorter (see AGO 86-01). Accordingly, it would appear that tl:e tr<1vcler is entitled to the shorter of the map 9352 mileage or actual mileage (in this case 200 miles). However, the employee, pursuant to Section I] 2.061 (7)(d)2., Florida Statutes, may be entitled to vicinity mileage in addition to the map mileage; how- ever, the vicimty mileage would have to be shown separately as such, and the local government official responsible for approving the employee's travel expense would have to determine whether 50 miles is a reasonable amount to allow for vicinity mileage. Q: Vlust a local government establish written policies and procedures pertaining to travel, and use a travel voucher form such a, that established by the Department of Financial Service, (formerly the Department of Banking and Finance) for State employees'! A The travel law does not specifically require local governments to adopt written poliCIes and procedures pertaining to travel, or to use a travel voucher form, However, failure to do so increases the risk that travel may not be accomplished in accordance with Sec- tion ] 12.06], Florida Statutes. Accordingly to AGO 2002-65, Sec- tion ] 12.061 (1]), Flonda Statutes, provides for travel authorization and voucher forms and requires that a uniform travel voucher form be used; however, such requirements are for state officers and em- ployees and are not legislatively imposed on local governments. However, AGO 2002-65 advises that "while the statute does not specifically require local governments to adopt voucher require- ments for public busll1css travelers, . . . the provisions ofthis statute set forth safeguards for the expenditure of public funds by those doing the public's business. ]n an effort to provide accountability for use of these public funds, it may be advisable for local govern- ments to adopt vouchcr provisions similar to those contained in Section 1 ]206](] I), Florida Statutes." Q: What are the consequences for not complying with the travel law? A: Thc consequences for knowingly submitting travel claims that are not in accordance with the travel law can be severe. Pursuant to SectIOn 1 12.06] (] 0), Florida Statutes, any person who willfully makes and subscribes any travel claim that is fraudulent or is false as to any material matter is guilty of a misdemeanor of the second degree, punishable as provided in Sections 775,082 or 775.083, Florida Statutes. Any person that receives an allowance or reim- bursement by means of a false claim shall be civilly liable in the amount of the overpayment for the reimbursement of the public fund from which the claim was paid. For example, the Auditor General's Office, during the an audit of a special district, determined that the three district board members claimed mileage in excess of that ac- tually traveled in connection with their official duties. The matter was referred to the attorney general, and the three board members subsequently paid the District for the amounts they were overpaid due to the excess mIleage claimed. One of the members had to pay approximately $9,000.11I - It's About You · Congratulations to Norman Thabit, Commission Auditor for Broward County Florida, who wIll be retiring June 30, 2003, after 43 years of public service, the last 25 years serving Broward County. · Congratulations to Foster Muzea, Assistant Director of Finance and Admll1lstratlve Services for Broward County, who will be retiring June 30, 2003, after 40 years of public service, the last 31 years with Broward County 4 IX. New Business 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. BOYNTON BEACH CRA AGENDA ITEM REQUEST BOYNTON BEACH Requested CR4. Date Final Materials Must be Meetin!! Dates Turned into CRA Office D January 11,2005 December 28, 2004 (Noon.) D February 8, 2005 January 25, 2005 (Noon) D March 8, 2005 February 22, 2005 (Noon) D April 12,2005 March 29, 2005 (Noon) D May 10,2005 April 26, 2005 (Noon) D June 14,2005 May 31, 2005 (Noon) NATURE OF AGENDA ITEM D Consent Agenda D Director's Report Requested CRA Date Final Materials Must be Turned into Meetin!! Dates CRA Office D July 12, 2005 June 28, 2005 (Noon) D August 9, 2005 July 26, 2005 (Noon) D September 15,2005 August 30, 2005 (Noon) D October] I, 2005 September 27, 2005(Noon) . !\ovember 8, 2005 October 25, 2005 (Noon) D December 13, 2005 November 29, 2005 (Noon) D Old Business D Legal . New Business D Future Agenda Items D Other Item DATE: November 3,2005 SUBJECT SUMMARY PARAGRAPH: Affordable Housing, LLC is seeking a Direct Incentive Funding Agreement for their Ocean Breeze development in the Heart of Boynton. The applicant is also seeking that the TIF be front loaded and that the CRA/City demolition lien be released RECOMMENDATION: Approve the application for TIF incentive, front loading and lien release. EXPLANATION: (Background of the issue: Who, What, Where, When, How, Etc.) Affordable Housing, LLC, managed by Larry Finklestein has applied for TIF financing for the Ocean development in order to upgrade the project to meet the standards set forth in the Heart of Redevelopment Plan. Staff reviewed the application and scores the projects as follows: 1. Project Location - Heart of Boynton 2. Economic Impact - Waived in Heart of Boynton 3. Affordable Access Incentive - Developer states that all 84 units will be priced at $280,000 Breezes Boynton 10 points 20 points 20 points 4. Project Quality- Standing seam metal roof per HOB Schematics Tot Lot Enhanced entrance at Seacrest Upgraded design elements (shutters, siding and enhanced landscaping) Total Points 70 points 120 points FISCAL IMPACT: $350,000 lien forgiveness (already expended) and $1,255,887 over 7 years for a total of $1,605,887. 9353 C\Documents and Settings\brooksv\Vivian_shares\Development Activity\Ocean Breeze-LF\Dlagenda.doc BOYNTON BEACH CRA AGENDA ITEM REQUEST AL TERNATIVES: Do not approv~ve at lower TIF incentive amount ~i," L Bmob, P],nning Dimtor H) -) , T}'Y:kV- Lisa Bright,J, erim eRA Director 9354 C:IDocuments and SettingslbrooksvlVivian_shareslDevelopment ActivitylOcean Breeze-LFIDlagendadoc Ocean Breeze Direct Incentive Application 842/3 units at $280,000 each w/o homestead $ 23,520,000 Homestead - 90% of taxable value $ 21,168,000 Current Taxable Value (3 parcels) $ 96,000 $ 45,000 $ 108,000 $ 249,000 Amount Eligible for TIF Incentive (95%) $ 20,931,450 Millage Rate for City 00075 Millage Rate for PBC 0.0045 Total Millage 0.012 Total yearly TIF generated by project: $ 251,177 Maximum eligable annual incentive (50%) $ 125,589 Total Over Ten Years $ 1,255,887 Demolition Lien Release $ 350,000 Total Incentive Package: $ 1,605,887 Front Loading of TIF Incentive (75% per year) Year 1 $ 188,383 Year2 $ 188,383 Year 3 $ 150,706 Year4 $ 150,706 Year 5 $ 125,589 Year 6 $ 125,589 Year 7 $ 100,471 Year 8 $ 100,471 Year 9 $ 62,794 Year 10 $ 62,794 $ 1,255,887 1-Nov-05 9355 RESOLUTION NO. 05 - 10 A RESOLUTION OF THE BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY, AUTHORIZING THE AGENCY TO ENTER INTO A DIRECT INCENTIVE FUNDING AGREEMENT WITH AFFORDABLE HOUSING, LLC TO PROVIDE TAX INCREMENT FINANCING FOR THE OCEAN BREEZE DEVELOPMENT IN THE HEART OF BOYNTON; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. \VHEREAS, Boynton Beach Community Redevelopment Agency Board (C~\) has established a Direct Incentive Program to encourage redevelopment activity, WHEREAS, Affordable Housing, LLC, Ocean Breeze Development has met the criteria set forth in the Direct Incentive Program, WHEREAS, Affordable Housing, LLC, commits to sell a mInInlUm of ten development units at a sales price of $280,000, WHEREAS, Affordable Housing, LLC commits to the addition of the project upgrades as exhibited in the elevation drawings and text of the Direct Incentive Application submitted October 12, 2005. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF THE BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY: SECTION 1. CRA authorizes Chair to execute the Direct Incentive Funding Agreement with Affordable Housing, LLC. SECTION 2. CRi\ authorizes the expenditure of future tax increment funds generated by the Ocean Breeze project in the estimated amount of S 1,255,887 over a ten year period to begin upon the first taxable year of the project. SECTION 3. CRA further authorizes the tax increment financing to be front loaded as shown on Exhibit 1. SECTION 4. All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. SECTION 5. If any clause, section, other part or application of this Resolution is held by any court of competent jurisdiction to be unconstitutional or invalid, in part or application, it shall not affect the validity of the remaining portions or applications of this Resolution. 9356 SECTION 4. This resolution shall become effective immediately upon its passage and adoption. offered the foregoing Resolution and Board Member moved its adoption. The motion was seconded by Board Member and upon being put to a vote, the vote was as follows: JEANNE HEA VILIN, Chair HENDERSON TILLMAN, Vice-Chair DON FENTON, Board Member ALEXANDER DEMARCO, Board Member JAMES BARRETTA, Board Member MARIE HORENBURGER, Board Member STEVE MYaTT, Board Member The Chair Person thereupon declared this Resolution approved and adopted by the CRA Board of the Boynton Beach Community Redevelopment Agency, Boynton Beach, Florida, this _ day of ,2005. By: Jeanne Heavilin, Chair Person BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY Legal in form and valid if enacted: Kenneth Spillias CRA Attorney PASSED AND ADOPTED BY THE BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY BOARD, THIS DAY OF 2005. TlRESOLUTIONS\2005-2006\RESOLUTlON NO 05-09 9357 2 EXHIBIT 1 RESOLUTION NO. 05-10 Ocean Breeze Direct Incentive Application 84 2/3 units at $280,000 each w/o homestead Homestead - 90% of taxable value Current Taxable Value (3 parcels) Amount Eligible for TIF Incentive (95%) Millage Rate for City Millage Rate for PSC Total Millage Total yearly TIF generated by project Maximum eligable annual incentive (50%) Total Over Ten Years Demolition Lien Release Total Incentive Package: Front Loading of TIF Incentive Year 1 Year2 Year 3 Year4 Year 5 Year6 Year7 Year8 Year 9 Year 10 1-Nov-05 $ 23,520,000 $ 21,168,000 $ 96,000 $ 45,000 $ 108.000 $ 249,000 $ 20,931,450 00075 o 0045 0012 $ 251 177 $ 125,589 $ 1,255,887 $ 350,000 $ 1,605,887 $ 188,383 $ 188.383 $ 150,706 $ 150,706 $ 125,589 $ 125.589 $ 100,471 $ 100,471 $ 62,794 $ 62,794 $ 1,255,887 9358 RESOLUTION NO. 05 -11 A RESOLUTION OF THE BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY, AUTHORIZING THE AGENCY TO WAIVE THE DEMOLITION LIEN FEES FILED AGAINST THE PROPERTY FORMERLY KNOWN AS BOYNTON TERRACE ON BEHALF OF AFFORDABLE HOUSING, LLC FOR THE OCEAN BREEZE DEVELOPMENT IN THE HEART OF BOYNTON; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Boynton Beach Community Redevelopment Agency Board (CRA) funded the demolition of the buildings on the site formerly known as Boynton Terrace, WHEREAS, Affordable Housing. LLC, Ocean Breeze Development is proposing to redevelop the site with 84 townhomes priced at $280,000, WHEREAS, the CRA finds that waiving the demolition lien fees will promote the redevelopment of the Heart of Boynton, , WHEREAS, Affordable Housing, LLC commits to the addition of the project upgrades as exhibited in the elevation drawings and text of the Direct Incentive Application submitted October 12, 2005. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF THE BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY: SECTION 1. CRA authorizes Chair to execute a lien waiver on behalf of Affordable Housing, LLC with the effective date of the application of a building permit for the Ocean Breeze development, SECTION 2. CRA releases Affordable Housing LLC from repayment of the lien fees. SECTION 3. All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. SECTION 4. If any clause, section, other part or application of this Resolution is held by any court of competent jurisdiction to be unconstitutional or invalid, in part or application, it shall not affect the validity of the remaining portions or applications of this Resolution. SECTION 5. This resolution shall become effective immediately upon its passage and adoption. 9359 Board Member __~ offered the foregoing Resolution and moved its adoption. The motion was seconded by Board Member and upon being put to a vote. the vote \\ias as foIIO\\'s: JEANNE HEA VlLIN, Chair HENDERSON TILLMAN. Vice-Chair DON FENTON, Board Member ALEXANDER DEMARCO. Board Member JAMES BARRETTA, Board Member MARIE HORENBURGER. Board Member STEVE MYaTT, Board Member The Chair Person thereupon declared this Resolution approved and adopted by the CRA Board of the Boynton Beach Community Redevelopment Agency, Boynton Beach. florida, this day of .2005. By: Jeanne Heavilin, Chair Person BOYNTO~ BEACH COMMU~ITY REDEVELOPMENT AGENCY Legal in fonn and valid if enacted: Kenneth Spillias CRA Attorney PASSED AND ADOPTED BY THE BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY BOARD, THIS DA Y OF 2005. T\RFSOLUTIONS\2005-2006\RFSOLllTION NO 05-09 9360 2 l.!) Z Q ...J ::::) . In ~ \- Z ~ ::::) I lO .... I == Z 0 \= U ~ UJ -< ...J UJ ~ \- Z = 0 Ql 11.. Z 0 ~ Z ~ 0 = I ~ 00 ~ ~ ~ N ~ ~ ~ = Z -< ~ U 0 Application Submittal by Boynton Associates, L TD for the Ocean Breeze Community City of Boynton Beach Community Redevelopment Agency Direct Incentive Program S~prllV Sl!q!qxg ls~nb~"M J~A!~ M.. U~!'l 'ls~nb~"M ~U!P~O'llUOJd 'uo!l~~!IddV s~suods~"M ql!M. M.~!AJ~AO lOOnJOJd ~Anu~~uI ls~nb~"M JO J~U~'l Best regards, Boynton Associates, L TD By: AFFORDA E HOUSING, LLC, a Florid~ tlliability company, its General Partner B' Larry Fin elstein Its Managing Member It gives us great pleasure to participate in the redevelopment of this area and we look forward to your approval of our application. We also ask that should the proposed density bonus program be instituted in the future, that you qualify this Project for inclusion by a finding of fact with this submittal that this Project qualifies for the maximum density bonus allowable under such new zoning without any further requirements mandated. Additionally, and very importantly, all home prices have been set to qualify for the various housing assistance programs available. To qualify for this Program, the architecture, landscaping, and the entry at Seacrest Boulevard have all been enhanced and additional landscaping and signage have been added to the Seacrest frontage. The amenity package includes a property owner's park area, tot lot, picnic area, shaded mail kiosk with sitting area, abundant guest parking and a perimeter walking trail. Our Project, Ocean Breeze, is a single family home community consisting of 84 homes on approximately 8 acres. These homes are attached and commonly referred to as townhomes. Each home has 3 bedrooms, 2 and Y2 baths and a one car garage within 1720 total square feet. This letter shall serve as our formal Letter of Request to participate in the Boynton Beach Community Redevelopment Agency Direct Incentive Program, based on the application information that follows. Dear Ms. Bright: RE: Letter of Request Ms. Lisa Bright, Interim Director Boynton Beach CRA 639 E. Ocean Ave., Suite 107 Boynton Beach, FL 33435 Boynton Associates, L TD 114 N. Federal Highway, Suite 202 Boynton Beach, FL 33435 (561) 736-9790 The dream of home ownership or affordable housing rental is on the brink of becoming an endangered species for many American families. The dream is becoming elusive because many moderate income families cannot qualify for a mortgage or afford the monthly payments. Wages are insufficient which puts these families 30% over the required 32% average house payment to income ratio. A rapidly growing population, flat growth of incomes and growing housing prices are some of the variables that have contributed to this new reality. This Project is a true benchmark project which stands alone in this area of the eRA and does not compete with any existing projects. Additionally, it opens a new market and sets a higher quality standard for construction in general and housing in particular. Accordingly, this Program is focused on support for qualified, benchmark projects during their initial stages. As defined by the focus of this Program, projects which directly compete with existing projects, or that do not open new markets or that do not set new higher project quality standards in the view of the CRA, may not receive maximum consideration. This Project will be a true pioneer in this blighted area and, as such, will help to define this new market. At the same time, this Project assumes the degree of risk associated with new and untested market assumptions; therefore, this Project Incentive Request goes to the heart of this Program's base initiative. The Boynton Beach CRA seeks to encourage large-scale projects, which define new markets, quality, innovation and character in the CRA area. It is recognized that many times these benchmark projects require new and untested market assumptions, which have no local comparable. This condition often requires market support to make the projects feasible in the early years. Revised 3/22/2004 City of Boynton Beach Community Redevelopment Agency Direct Incentive Program Incentive Program Overview: The Project exceeds the threshold of $500,000. · The Project is required to be over $2,000,000 in projected new assessed taxable value upon completion. However, projects in the Heart of Boynton area need only exceed a threshold of $500,000 for consideration. All property taxes, fees and city/county liens have been paid ~n full or will be paid by the Incentives requested with this application. · All property taxes, fees, city/county liens owed by the Applicant must be paid and current. The Applicant is the majority owner. · The Applicant must be the majority owner (the owner having the greatest percentage of ownership) or authorized agent of the majority owner in the Project. The Project is in the CRA, Heart of Boynton Sub Area. · The Project must be in the City of Boynton Beach CRA Area as defined at the time of application and approval by the CRA Board. PROGRAM GUIDELINES SUMMARY Boynton Beach and its residents are not shielded from this plight. In light of the recent redevelopment, and real estate appreciation approaching 14% annually, the challenge of Affordable Access Space is an immediate reality. This Project does exactly that, makes housing affordable for those that meet the definition of moderate income, as defined by the various Government Agencies (Florida Housing Finance, Palm Beach County, H.U.D., S.H.I.P., etc.) In response to this emerging plight, many programs have surfaced under many names: Work Force Housing, Affordable Housing, Low Income housing, etc. Whatever the labels attached to such programs, the common underlying trend is the attempt to make housing affordable to the moderate to median income level population. This Project will be the first Project to address this dilemma in a significant way and help make the dream of home ownership a reality for 84 families. · Projects may be phased; however each phase must meet program thresholds. Agreed · No incentive (in anyone year) shall exceed 75% of the new annual TIF revenue directly generated from the Project for that year. Agreed · The incentive will generally not exceed 50% of the CRA TIF revenue directly generated by the Project during the incentive period. Agreed · The duration of the incentive shall be no longer than 10 years. is a neighborhood residential development such as a mixed use have abundant "Public Amenity" in mind that this not a Public access therefore would not Please keep deve 1 opmen t , project and elements. Amenities - Property owner's park area, tot lot, picnic area, shaded mail kiosk with sitting area, abundant guest parking, perimeter walking trail, enhanced architecture, landscaping and an enhanced entry and signage on Seacrest Blvd. · Projects having a site in excess of 87,120 square feet (two acres) are required to have "Public Amenity" elements (required sidewalks, alley and streets do not qualify.) These elements will be considered as part of "Project Quality" scoring. The Project contains an Affordable Access element sufficient to qualify for maximum scoring. · The Project shall contain Affordable Access elements sufficient to score a minimum of 2 points to qualify for any incentives. The Project is in the Heart of Boynton area and therefore the analysis is waived. · The Project's projected total annual economic impact to the City (after completion) as projected by using RMS Economic modeling standards, shall be a minimum of 20 times the corresponding year's incentive during the incentive period. This impact analysis is waived in the Heart of Boynton area. · Type of Project (up to 20 pts) - Preferred use criteria. Evaluation of the Project is based on its consistency with redevelopment plans and its appropriateness within the overall economic context. Depending on location, additional consideration will be given to the following uses. 1. Mixed uses with residential component 2. Mixed uses with office component 3. Hotels/Conference Centers 4. Multi-story professional-retail buildings (business and financial services) 5. Multi-story office-retail only buildings with the following type of retail tenants: a. Restaurant/Specialty Foods b. Entertainment c. Art galleries d. Apparel e. Gift Shops/Decorative Arts/Specialty Stores/Boutiques 6. Retail only buildings with a minimum of four tenants (from the above list) This Project meets the requirement to receive 20 points. The new assessed value exceeds the requirement of number 4 under the Heart of Boynton criteria above by a significant amount. The total new assessed value is approximately $19,300,000.00. · Project Size (total new assessed value) (up to 20 pts). For the purpose of application scoring, the new assessed value projection shall equal the Project's projected appraised value (established by third party appraisal or feasibility study) minus any projected homestead exemptions, times 90%, minus current assessed value of the Project site. 1. $2,000,000 to $9,999,999 (5 pts) 2. $10,000,000 to $24,999,999 (10 pts) 3. $25,000,000 to $49,999,999 (15 pts) 4. $50,000,000 plus (20 pts) Heart of Boynton Area (only) 1. $500,000 to $999,000 (5 pts) 2. $1,000,000 to $1,999,999 (10 pts) 3. $2,000,000 to $2,999,999 (15 pts) 4. $3,000,000 plus (20 pts) PROGRAM SCORING CRITERIA · Projects must score at least 50 points on this application to qualify for incentives. This Project will be phased and all phases will meet Program thresholds. This Project meets the requirement to receive 20 points as 100% of this Project (84 Homes) qualifies for Affordable Access under the Total Score · Affordable Access Incentive (up to 20 pts) Score of 2 pts) 1. Scoring (See Scoring Graph) Single Use Type of use Two Uses Type of use Type of use Three Uses Type of use Type of use Type of use Score Score Score Score Score Score (Mandatory Minimum This Project meets the requirement to receive 20 points based on number 3 above. · Economic Impact - (up to 20 pts) 1. Projected Economic Impact over the incentive period of 20 to 49 times the incentive - ( 5 pts) 2. Projected Economic Impact of 50 times the incentive or more - (10 pts) 3. Economic Impact Studies are waived in the Heart of Boynton area and assigned 20 pts. This Project meets the requirement to receive 20 points based on number 2 above. · Project Location (up to 20 pts) - Must be within the CRA area. 1. In the CBD District or on Federal Highway South of C16 Canal & North of Woolbright, Boynton Beach Blvd. from the Intracoastal to 1-95 or on Ocean Ave., (Projects in these areas are high impact and have the highest visibility). (10 pts) 2. The Heart of Boynton area -(20 pts) This Project meets the requirement to receive 20 points due to location, consistency with redevelopment goals and by meeting the additional consideration requirement of number 7 above. 7. Multi-Family fee simple ownership units - (Heart of Boynton area only) 8. Stand alone Live/Work configurations (rental or fee simple), (Heart of Boynton area only) An excerpt from the Heart of Bovnton Plan. Pa1!e 102.: Affordable housing is a major issue within the Heart of Boynton for several reasons. First and foremost, the redevelopment program will necessitate some relocation within the three (3) assemblage areas. It is prudent to develop affordable housing in the community prior to relocation so that those who face relocation can elect to stay in their own community. Second, due to the area's historic African-American and Caribbean roots, the area is a prime location for affordable housing. Additionally, the Project helps to meet the recommendation of the Heart of Boynton Plan excerpt below: While the Project will have significantly upgraded architecture, quality construction, upgraded landscaping and various upgraded features and amenities, more important is the contribution of this new Project to the Community and the availability of a total of 84 new homes (fee simple, single family). This Project meets the requirement to receive 40 points based on the criteria above. · Project Quality - (up to 40 pts) 1. Point allocation based on project architecture, landscape features, public amenities, innovation, quality, overall contribution to the Community, etc. Project sites over 87,120 square feet (two acres) are required to have public amenity features. agencies, e.g., Florida State Housing Initiative various government Coun t y and/or the guidelines set by Housing, Palm Beach Partnership (SHIP). $23,520,000 at 100% without Homestead exemptions. $19,300,000 at 90% with Homestead exemptions. 8. Projected Tax Roll Value. $245,000 7. Current Tax Roll Value(s). 700 N. Seacrest Blvd. - 08-43-45-21-10-001-0010 - $ 45,000 700 N. Seacrest Blvd. - 08-43-45-21-00-000-0021 - $ 96,000 801 N. Seacrest Blvd. - 08-43-45-21-07-003-1230 - $108,000 6. List of properties and their PCN numbers. See Exhibit A 5. Attach a Brief Resume on the Applicant and Principals (Exhibit"A"). Larry Finkelstein, Manager 114 N. Federal Highway, Suite 202 Boynton Beach, FL 33435 Telephone: (561) 736-9790 Facsimile: (561) 423-2432 E-mail address:lfgi@aol.com 4. Contact Person's Name, Title, and Contact Information. Boynton Associates, LTD. 114 N. Federal Highway, Suite 202 Boynton Beach, FL 33435 Attention: Larry Finkelstein, Manager Telephone: (561) 736-9790 Facsimile: (561) 423-2432 E-mail address:lfgi@aol.com 3. Applicant Address, Phone Number(s), Fax, Email Address. Affordable Housing, LLC - 2% HOB Investors, LLC - 98% The owners are: 2. Listing of Owners by Ownership Percentage. Boynton Associates, LTD 1. Applicant (Majority Owner) Name. · Applicant Information Project Information: This project helps to further the goal of bringing AttainablelW orkforce/ Affordable Housing stock to the market, especially to the City of Boynton Beach and specifically to the Heart of Boynton. Please keep in mind that 100% of this Project (84 Homes) is priced to qualify for inclusion in the many housing assistance programs available to new home buyers within the lower income categories, i.e., housing assistance programs such as those offered by H.D.D., Florida Housing, Palm Beach County, the City of Boynton Beach and the State Housing Initiative Partnership (SHIP), to name a few. We feel that this Project will not only help fill the need for additional housing in the area, but that we have created a new neighborhood, architectural significant, that improves the quality of life and available housing in the Heart of Boynton and helps to addresses the issue of affordability in a significant way. To qualify for this Program, the architecture, landscaping and entry along Seacrest Boulevard have all been enhanced and additional landscaping and signage have been added to the Seacrest frontage. The amenity package includes a property owner's park area, tot lot, picnic area, shaded mail kiosk with sitting area, abundant guest parking and a perimeter walking trail. This Project fully complies with all land use and zoning requirements. Phase I, on the west side of Seacrest, will have 37 homes. Phase II, on the east side of Seacrest, will have 47 homes. Each home has 3 bedrooms, 2 and Y2 baths and a one car garage with 1720 total square feet. The property is located on Seacrest Boulevard, approximately seven blocks north of Boynton Beach Boulevard. The Project, Ocean Breeze, is a single family home community, consisting of 84 homes on approximately 8 acres. These homes are attached and commonly referred to as townhomes. · Project Infor.mation 1. Project Description (One Page Narrative) Upon final approval from the City Commission, we will engage the Architect to finalize the construction documents for pennit submittal. Once pennit is received, construction can commence immediately. As an example, construction could conceivably begin 4. Project Timetable with Projected Dates. The Project has been submitted for Site Plan Approval. 3. Project Status (for example, has the project been submitted for Initial Site Review, Site Plan Approved, per.mitted, etc.) All plans will be available at the CRA meeting and are also enclosed with this application in Exhibit B. 2. Plans (if not previously eRA approved) - property surveys, site, floor, elevations, landscape, colored renderings, etc. (Exhibit "B") The buildings are CBS with fiberglass shingle roofs. Colors are Benjamin Moore Lemon Souffle on the body, White Dove on the trim and Snowfall White on the shutters. · Features - construction finishes & materials, colors, etc. Property owner's park area, tot lot, mail kiosk with shaded sitting area, abundant guest parking, perimeter walking trail, upgraded landscaping and a enhanced entry, landscaping and signage on Seacrest Boulevard. · Amenities The total gross squarefootage of the Project is approximately 144,480 square feet. All uses are the same. · Square Footages of Uses Residential · Uses (commercial, residential, mixed use, etc.) The property is zoned R-3. · Zoning The property is made up of two parcels, one is 3.44 acres +/- and the other is 4.39 acres+/-, or a total of 7.83 acres +/-. No appraisal on the value of the completed Project has been peifonned. · Size - area and appraised value The Project is located approximately 7 blocks north of Boynton Beach Boulevard on Seacrest Boulevard. · Project Location The approved Incentive Agreement may be assigned with the formal, prior written approval from the CRA Board of Directors. The request for incentives and application, if approved by the CRA Board, becomes an integral component of the Incentive Agreement, including but not limited to other requested information from the CRA, therefore great care should be taken to seek the most accurate projections possible for the Project. Please keep in mind that this is a neighborhood residential development, not a Public access development such as a mixed use project and therefore would not have abundant "Public Amenity" elements. 9. Public Amenity Feature - Projects of 87,120 square feet (two acres) are required to provide a "Public Amenity Feature" (sidewalks, alleys and streets do no qualify). Highlight the feature design, placement, cost, etc. The entire project qualifies for Affordable Access. As far as the discount to market, the immediate market has no like development to establish "market" pricing. Consideration should be given, as the Developer has set all pricing to qualify for inclusion in the various housing assistance programs available. 8. Affordable Access Commitment and Calculation. Define each usage Set Aside Area and define Market Discount Pricing. 7. Economic Impact Study - Not required for Projects located in the Heart of Boynton. 6. MAl Appraisal Summary - Not required for Projects located in the Heart of Boynton. 5. Feasibili ty Study Summary - Not required for Projects located in the Heart of Boynton. within 90 days from the final commission hearing or approximately April, 2006. We anticipate a two year time frame for completion of the Project. Applicant also requests the release of the lien for the funds expended in demolishing the former improvements at the property (these funds have already been paid by the CRA and therefore have no further impact on the CRA budget). Applicant requests Front Loading. The method of calculating "Front Loading" will be to project the ten year TIF Revenue to the CRA based on the first year's assessed property tax revenue times the Project's Incentive Percentage (Generated by the Project's score received from the CRA Board). The Annual Incentive Amount is adjusted to follow the "Front Loading" percentage schedule. The Front Loading Formula is: 75% first year and second years, 60% third and fourth years, 50% fifth and sixth year, 40% seventh and eighth year, and 25% ninth and tenth years. The percentage shall not exceed 75% of the new increment tax revenue for any single year; however, the cumulative incentive shall not exceed 50% of the new assessed increment's tax revenues over the entire incentive period. The taxable value is monitored annually prior to the incentive award to assure that any movement in value will be reflected in the calculation. Establishing Annual Incentive Disbursement Amounts for the Incentive period: The incentive shall be normally disbursed in ten (10) annual installments after required actions have been completed by the Applicant, unless incentive funds are to be paid prior to Project Completion. The Project Applicant may request that the Incentive be "Front Loaded" to respond to early Project needs. Generally, if approved, Front Loading will begin in the first year that tax revenues are received by the CRA. A Front Loading request for this Incentive Program does not mean funds loaned to the Project prior to completion and tax enrollment. See attached worksheet, EXHIBIT C · Affordable Access Incentive rewards Projects for below market access by the public to a defined portion of the Project. The Affordable Access Incentive shall be scored by analyzing the amount of Project's set aside area eligible for discount pricing. The ratio of the Project's set-aside area and amount of discount will be plotted on the CRA Project Scoring Graph for Affordable Access to determine points scoring. · Uses shall be defined by three basic categories. Those uses shall be Residential, Commercial and Retail/Restaurant. Each use shall be scored separately for Affordable Access (amount of area and amount of discount) and analyzed using the appropriate matrix graph corresponding to the number of uses contained in the Project. Projects containing mixed uses shall have the Affordable Access scores for each use added together for the Total Category Scoring. · The Project must score at least 5 pts in this Affordable Access category to be eligible for Direct Incentives. The maximum number of points for this category of the Direct Incentive Program shall be 20 pts. · Project Set Aside Percentage shall be defined as the area (square footage) available for market discounts divided by the total area (square footage) in the Project for the same type of usage. · Market Pricing shall be the average actual or projected market or retail price per square feet for each of the uses within the Project. · The Discount Percentage is figured as the discounted pricing per square foot offered by the Project divided by the average rental or sale rate per square foot of the like-kind area within the Project. · Administration of Affordable Access Program by Project Owner. The Applicant shall be required to qualify beneficiaries for the Affordable Access Spaces and report annually. The Project Applicant must qualify beneficiaries for the term of the requested Direct Incentive Program (up to 10 years) . 1. Residential Rental and Sales (must be one of the following to qualify) a. Residential Rental - N/A b. Residential Sales - Individuals or families with household income ranging from a "Low Income of 80% Median Income to Income 120% Median Income" for Palm Beach County as defined by HUD for the year that the Incentive Program application is approved. Unit Pricing for Incentive Units shall be priced so that buyers are able to qualify for unit purchase. Qualifying Income Percentage for home ownership is defined as 32% of the gross monthly income. The purchaser must keep the unit for a minimum of 10 years or pay any profit above the original Purchase cost plus a 3% annual inflation factor back to the CRA Program. The unit must be the primary full- time residence of the qualified buyer. Affordable Access Incentive: The following are definitions for the Affordable Access Incentive Elements: 9 9 ..... II ..... (.,!)~ II ~ Z Q .....1 ~ tQ ~ \- m z 0 ~ ~ I .q- .....1 < Z ~ 0 ~ L1.1 .....1 L1.1 \- Z 0 ~ u.. 9 ..... II (.,!)~ Z Q .....1 ~ tQ \- Z ~ I \!) oCS .q- z o \- ~ L1.1 .....1 L1.1 L1.1 I i ~ ~ 0 en \- z ~ I to Z 0 \- ~ UJ ---l UJ \- Z 0 a ~ I u.. ..... II ~ d;) Z ;:::: - D ---l - ~ en \- Z ~ I to oCS ~ z 0 \- ~ UJ ---l UJ UJ D - ti) \- u.. UJ ---l ~ ~c: ~:8 ,jg oo~ Ctl ~-E. ~~ ~5 ~O ~ EXHIBIT A Owner/Developer Principal: Larry M. Finkelstein 114 N. Federal Highway Suite 202 Boynton Beach, Florida 33435 Phone: (561) 736-9790 Fax: (561) 423-2432 Email: lfgi@aol.com Mr. Finkelstein currently serves as President of Lamar Realty Corporation, a full service real estate investment, consulting, development and brokerage firm. He also serves as Managing Member of several real estate investment companies. Mr. Finkelstein has over twenty five years of experience in the real estate industry and has been qualified on multiple occasions by the United States Court system as an Expert Witness in the field of Real Estate. Resident of Boynton Beach, Florida. Areas of Concentration Commercial, Multi-Family and Special Interest real estate development, brokerage, leasing, redevelopment, consulting & financing. Areas of Specialty Real estate bankruptcy, foreclosure, expert witness & trustee. Urban redevelopment, under performing properties and turn around opportunities. Licenses Florida Real Estate Broker Past Community Involvement City of Boynton Beach Community Redevelopment Agency, Chairman City of Boynton Beach Planning & Development Board City of Boynton Beach Code Compliance Board City of Boynton Beach Visions 20/20 Redevelopment Master Plan City of Boynton Beach Sign & Landscape Code Revision Committee Greater Boynton Beach Chamber of Commerce Board of Directors 2000 & 2001 Greater Boynton Beach Chamber of Commerce Economic Development Committee Greater Boynton Beach Chamber of Commerce Real Estate Task Force Founder and three term president of the Boynton Ocean District Association Member - Board of Governors, Pine Tree Golf Club Estates Homeowners Association EXHIBIT A Continued Owner/Builder Partner: SCHULTZ DEVELOPMENT, INC. 7273 W. Atlantic Ave., Delray Beach, Fl. 33446 561 4964224 Stan Schultz Real Estate, Inc.lSchultz Development, Inc. developed and constructed the following projects with related companies; Mills Pond Condominiums 1983 - 1988 134 Condominium Units - 130,000 price range Bloomfield, Ct. M.P. of Bloomfield, Inc. Stanley Schultz, Pres. Habitat at Duncaster 1986 - 1989 30 Single Family Dwellings - 220,000 price range Bloomfield, Ct. Duncaster Court Associates, Inc. Stanley Schultz, Pres. Corporate Crossing 1988 - 1989 44,000 Sq. Ft. Office Building 580 Cottage Grove Rd. Bloomfield, Ct. Stanley Schultz, General Partner Custom HomeslBoca Point 1989 - 1993 Built one of five potential homes - 300,000 price range Sold lots. Boca Raton, Fl. Waters Edge of Tamarac 1992-1994 30 Attached Villas - 85,000 price range Waters Edge, Inc. Schultz Development, Inc. Parkland Terraces 1994 - 1997 86 Townhouses - 120,000 price range Parkland Terraces Ltd. Parkland, Fl. Schultz Development, Inc. G.P. Brighton at Wellington's Edge 1997 - 2001 139 Townhouses and Villas - 135,000 price range JMHS Associates, LLC Wellington, Fl. Schultz Development, Inc. Manager Pelican Key at Wellington's Edge 1997 - 2001 17 Townhouses and Villas - 125,000 price range JMHS Associates, LLC Wellington, Fl. Schultz Development, Inc. Manager Park Terraces 2000 - 2003 149 Townhouses - 175,000 price range Park Terraces LLC. Sunrise, Fl. Schultz Development, Inc. G.P. EQUUS 2003 - (In process) 280 Luxury Single Family Home Development- $600,000 to $2m+ (Built 11 homes and sold lots to Engle Homes, Landmark Custom Homes and EccIestone Signature Homes) Principal: EQUUS Properties, LLC Boynton Beach, Fl. Schultz Development, Inc., Construction Manager EXHIBIT B OCEAN BREEZE WEST CONCEPTUAL ELEVATION ~ z Q -' 5 . 10 ~ I- Z ~ :::l to --- . == z 0 i= U ~ UJ -< -' UJ ~ I- Z = 0 tI<: u.. Z 0 ~ Z ~ 0 = I ~ CI'J ~ ~ ~ N ~ ~ ~ = Z -< ~ U 0 1 EXHIBIT B CONTINUED OCEAN BREEZE WEST CONCEPTUAL ELEVATIONS o REAR ELEVATION - 5-UNIT BUtLD!NG\,~ o FRONT ELEVATION 5-UN1T 6UlLOING o RIGHT SIDE ELEVATION 4 & 5-UNIT BUILDING o LEFT SIDE ELEVATION 4& 5-UNIT BUILDING o MAIL KJOSK o REAR. ELEVATION 4-UNlT BUILDING o FRONT ELEYATlON +UNIT BUILDING 2 EXHIBIT B CONTINUED OCEAN BREEZE WEST - CONCEPTUAL FLOOR PLANS IIINIlG IUlCt.I ,.~.' . . M"Ctt:w I-G"'~ GMJ.Ge A.UNIT 5118 5 F A.<c l!+t &FGIo.It.oIGE 10 SF C~D rA1l0" e;ft'r 160 SF f(tf,\L IS^f AJ. COVEIl:ED rAm LWIG IWOIol 1l111f2' CO<EI:ED mfJ:'r U""EIIofI""-- . uAttr-- > "'.IL Wl\5fB: I'EPKDllIl II!' ~fj' "'.IL a. IlEIlCOOW r.:I lO'xl2' mnDIlt.4 ff2 lUxlU A-UNtf 1,120 SF rorA l 160 SF Ale 3 EXHIBIT B CONTINUED OCEAN BREEZE WEST - CONCEPTUAL SITE PLAN J ~'!P!.rIW!\!!T ",~_j ',,-- " ~ " ~ " ~ " ~ f ~TAII1!I\t~ ---------- 4 EXHIBIT B CONTINUED OCEAN BREEZE WEST - CONCEPTUAL SITE PLAN N. W. 1ST STREET "T ~ ~l i.f~ eumR I 5 IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING: · You should disclose orally the nature of your conflict in the measure before participating. · You should complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes of the meeting. who should incorporate the form in the minutes. DISCLOSURE OF LcSCAL OFFICER'S INTEREST I. /flrt. r j"" -#flrf'nbu t-'f€t='. hereby d;sdose 'halon J.Jc,l/ent.ber- $?I (a) A measure came or will come before my agency which (check one) C;ZO~ :;- ,~: - inured to my special private gain; vi' ~nured to the special gain of H ff!'-/ IfJ} , , by whom I am retained. (b) The measure before my agency and the nature of my interest in the measure is as follows: ;tf ~ ~., V{:t- I-llI- C ifd CLt\.e; 'itter e/; 7-1 ^" Z; 'PerS8 '>LcJ. i "L"ter-es:i- ;f\ -t~ s ff-"~ eCf, ;:5 o~e Lre[>resc",--'f- ; ~ o Ii\.. a}Lo ~ F~ e..c.~-f. Dale Filed NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES ~1I2.317 (1985), A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MA Y BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, RE\10V AL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALAR Y, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $5,000. CE FORM k8- 1-91 PAGE 2 FORM 8B_ MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS MID!>I r "'M.U o COUNTY 0 OilIER I.OCAI. AGENCY 'lAME OF I'OI.lTICAI. SUBDIVISION. tJe4-cL o ELECTIVE ~INTIVE WHO MUST FILE FORM 88 This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board. council. commission, authority, or committee. It applies equally to members of advisory and non-advisory bodies who are presented with a voting conllict of interest under Section 112.3143, Florida Statutes. Your responsibilities under the law when faced with a measure in which you have a contlict of interest will vary greatly depending on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before completing Ihe reverse side and filing Ihe form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES ELECTED OFFICERS: A person holding elective county, municipal. or olher local public office :\lUST ABSTAIN from voting on a measure which inures to his special privale gain. Each local officer also is prohibited from knowingly voting on a measure which inures to the speciaJ gain of a principal (other than a government agency) by whom he is retained. In either case, you should disclose the contlict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are abstaining from voting; and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the minutes of the meeting, who should incorporate the form in the minutes. APPOINTED OFFICERS: A person holding appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his special private gain. Each local officer also is prohibited from knowingly voting on a measure which inures to the special gain of a principal (other than a government agency) by whom he is retained. A person holding an appointive local office otherwise may participate in a matter in which he has a contlict of interest, but musl disclose Ihe nalure of the contlicl before making any attempt to intluence the decision by oral or written communication, whether made by Ihe officer or al his direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WI LL BE TAKEN: · You should complete and file this form (before making any attempt to intluence the decision) with the person responsible for recording the minutes of the meeting, who will incorporate the form in the minutes. · A copy of Ihe form should be provided immedialely 10 Ihe other members of the agency. · The form should be read publicly at the meeting prior to consideration of the matter in which you have a contliet of interest. CE FORM XB. 1-'11 P.VGE I EXHIBIT B CONTINUED OCEAN BREEZE WEST PLANTING PLAN ~EB ~ N "ii.jill'i'l; I 't I! ~ 'III II Iii I I · I ,'I' fit!..! f!J I JI.I Illlll f : I ~ I~il lillsi i ! 5 ~ t1li I.' ~ ~ iC!il Q I I !IIi I l! i I il I I 11 I H.1B "M'N !~I.~"'lj"'WI'~ ! ~;~;!~~~~~~ , ii Ii U ~! U II II U if H It I ~Hi ; Hpt I! ! ~i 1;1. ~ it i f j I . i : :1; : : .~ : : ~ : ~ : : :111 1i f." il i i Ii II !i Iii i III !! a,' II ;1 ! 'E' .!: i 4'1 8 I f i I , i I ~ I r t ! I ~ H It ~t 11 , If r I; H t U~i r 1 Ul Hi ii i H ,. i1 i; I ~i H ~ ~~ I, 1; ~i ! ~i ti 1C If J , ,', .- m ~ :j 'c c l. U l< r 1 t~ I r dJ ~ t. i i I' IJ P I . i i ! f ~ ~i; "I;,' m I' . r r. f h ~ ~ 1 ! ; i ; . I HI ,I f ., ! , 1 J 1 i f . m < I Ii e , . . ( i it 6 EXHIBIT B CONTINUED OCEAN BREEZE EAST - CONCEPTUAL SITE PLAN Lt I I , i ~ ~ ~ ~ -~I " . .1. .... , II I 7 EXHIBIT C OCEAN BREEZE Purchase Price Down Payment Mortgage P&I @ 30 year amortization $ Taxes @ 90% Less Homestead $ Insurance $ Total Payment $ $ $ $ 280,000 8.400 271,600 3% * 1 ,435 4.86% 30 230 0.0120 90% 117 0.50% 1,781 Annual.lncomeNeecf8d. 0.31% $ ee,788 I 108% I Median Income $62,100 Moderate Income 80 - 120% of Median $52,800 $60,240 $61..800 $75.380 . $81.360 $87.360 *SHIP Minimum L TV is 80% Household Size # of persons 1 2 3 4 5 6 8 EXHIBIT C CONTINUED POSSIBLE SCENARIO I OCEAN BREEZE Purchase Price $ Down Payment $ SHIP $ CRA $ CSDG $ Mortgage $ 280,000 8,400 3% 20,000 7% 20,000 7% 20,000 7% 211,600 24% P&I @ 30 year amortization $ Taxes @ 90% Less Homestead $ Insurance $ Total Payment $ 1 ,118 4.86% 30 230 0.0120 90% 117 0.50% 1 ,464 Annual Income Needed@ 32% $ 54,9021 88% I Median Income $62,100 Low Income Criteria Moderate Income 80 - 120% of Median $52,800 $60,240 $67,800 $1$,360 $81,M<> $87,360 50 - 80% of Median $35,150 $40,200 $45,200 $50,250 $54,250 $58,300 Household Size # of persons 1 2 3 4 5 6 9 REAL ESTATE PLUS Condo/townhome differences Different people have different tastes. When it 90mes to purchasing a home, some buyers want condos; others prefer townhomes. Her~are some of the differences between the two that tend to draw buyers totovmhomes. Vive la . difference! ' 1. To paraphrase an old saying, "One man's ceiling IS another man's floor" in many apartments and condos. Some people, however, don't want to hear the neighbors walking around above them. Townhomes eliminate above-and-below living, providing a feel of a single-family house . 2. If condos offer garages, they're usually communal shelters detached from t~e building. Townhome garages are private and generally accessible from if}~lde the home. , .' '. .' ...;;;v ~ 3. Not all townhomes come with a small yard or private patio area.butmany do, offering even more of a single-family-home feel.. Condos can provide, terraces or screened porches, but they rarely have a patch of laWl'l,a,f room for a picnJ~Jable with umbrella. 4. Condo communities can be huge; town home communities can be much smaller, particularly downtown developments. Some feel that there's safety in numbers, but for those who prefer to live away from crowds, smaller'townhome groupings are more appealing. Townhomes marry benefits of condo, __ l single-family homeownership By SUE KOVACH Special to Real Estate Plus If the prices of single-family homes in Palm Beach County have you frowning, you might consider buying a townhome - the next best thing to single-family homeownership but without the high costs and hassles. Despite concerns of a "bubble" possibly nipping at the heels of our local real estate boom, interest in townhomes continues. Whether in large gated communities or smaller enclaves nestled amongst older, in-town residential and business areas, townhomes are desirable, for many reasons. "You have a real sense of homeownership in a townhome that you don't feel in a condo," said Elaine Meier, . a public relations executive who lives in DeIray Beach. "I have my privacy. I don't hear people in hallways. In addition, I have my own garage and my own access," she said. Meier wanted the convenience of a condo but wasn't thrilled with the idea of actually living in one. Because she owns a large dog, she thought she had to purchase a house, and all the maintenance that comes with it . A townhome proved to be the perfect marriage between the two, according to Meier: "It's much like having a house, but without the maintenance headaches. " Indeed, the new generation of townhouse is more akin to a single-family home than some interpretations of townhouses in the recent past For a nwnber of years, most anything with more than two stories could be labeled a "townhouse," even if its design was far removed from the~ctual concept 'The. prices of sing.le-family homes have gone out of reach for many people. Townhouses are sometimes the only alternative for those who aren't interested in condos. Some townhome buyers plan to build some equity, sell, then invest in a single-family home. Others are buying because they like the lifestyle. It's a turn-key lifestyle with little maintenance and no worry about a yard.' - JOHN BARR, President. town home division of The Cornerstone Group Please see TO_HOME LMNGj 4 __ .'.-0 4 ADVERTISING SUPPLEMENT TO THE PALM BEACH POST SUNDAY. OCTOBDER 16.2005 Townhome enclaves on thoroughfares in Delray Beach and Lake Worth remind buyers of Northern counterparts TOWNHOME LMNGIFram 1 Historica1ly, in Europe, a townhouse was the "house in town" of aristocracy, the affluent people who owned one or more country houses where they resided for most of the year. But when governments were in session or the soc;ia1 season began, they moved into their city townhouses. C7ener.!Uy, townhouses were attached. or terraced, and only the largest were free-standing. The concept was p~-'Ight over from .pe to the United States. and major Eastern cities featured Hardwood flooring and creative furniture arrangerne~ts are all rows and rows of perks of living in townhornes. townhouses. No longer . exclusively for the wealthy. townhouses gave city dwellers the feeling - and a lot of the privacy - of living in a house, as opposed to in an apartment building. In some cities. such as Delray Beach and Lake Worth, new townhome enclaves.are cropping up on major thoroughfares such as Federal Highway. As such, these "in-town" townhomes mirror their Northern counterparts in many ways. most notably their close proximity to the street Said Meier: 'Townhomes like mine gener.!Uy overlook a city street, and I don't have a private area. But I enjoy the downtown-living concept I enjoy sitting in an outdoor cafe on Atlantic Avenue, and I think a lot of people living downtown like that idea as well." Another reason for the increased' popularity of townhomes is the cost, which is generally below the county's median single-family-home price, said John Barr, president of the townhome division of The Cornerstone Group. "The prices of single-family homes have gone out of reach for many people. Townhouses are sometimes the only a1t"'~ative for those who aren't interested in c IS, " he said. -Some townhome buyers plan to build some equity. sell. then invest in a single-family home. Others are buying because they like the lifestyle. It's a turn-key lifestyle with little maintenance and no worry about a yard. " Barr, whose company has developed several townhome communities in Palm Beach County and has more in the works, noted that townhomes were popular even before local real estate prices shot skyward. In August, the median price of an existing home - half sold for more, half for less - in Palm Beach County was $411,400, according to the Florida Association of Realtors. On August 2002, the median price of such a home was $199,000.) Nevertheless, buyers today can find townhomes with plenty of extras in the $250,000 range. "For those looking to get Clut of a rental situation and into first-time homeownership, a townhome is a logical first step," Barr said. . While townhomes appeal to those who enjoy the privacy and homey feel, second-home buyers still tend to prefer condos, mostly for security reasons, said O'Neal Gordon, a Realtor with Buy IRent Free Realty in Boynton Beach. "If you're not living here for a good part of the year, townhomes are a bit less secure. Ifs easier to see that they're not being lived in. And there is typica1ly some maintenance involved in a townhome that you don't have in a condo," he said. "Still, the price is right on townhomes vs. single-family homes. Townhomes have more amenities and are cosmetically more appealing for the money," Gordon added. The townhome market is hot, as it offers the best features of a condo and of single-family-home living. And with more townhome communities cropping up - in town and in the suburbs - there are plenty of choices for buyers who want the best of both worlds. - Workforce housing a priority Page 1 of 1 Sun-SentinelGCo m http://www .sun-sentinel. comjnewsjlocaljpalmbeachjsfl-pcounciI090ct09,O,7094380.story? coll=sfla-news-palm Workforce housing a priority County official lobbies Jupiter Town Council By Kit Bradshaw Jupiter Courier October 9, 2005 jupiter . Palm Beach County Commissioner Karen Marcus has set a goal: Have some presence of workforce housing -- one house, one unit -- in north county in six months. "We're here advocating your involvement~" Marcus told Jupiter, Town Council last week, after a presentation by Casey Steinbacher, president of the North Palm Beach Chamber of Commerce, on the need for workforce housing in the county. Steinbacher was joined by Verdenia Baker, deputy county administrator, and Jennifer Butler of the Realtors Association of the Palm Beaches. "Funding is critical, even if it means that local government goes in and buys just one unit and then sells it at a price for the workforce owner." Marcus said the town needed to identify sites for workforce housing, or mixed-use development that could include workforce housing. Workforce housing is a priority for Jupiter as well, according to Mayor Karen Golonka. It is defined by Marcus as homes costing $115,000 to $275,000 that can be purchased through conventional financing by those making between $35,000 to $75,000 a year. "Until the last six to nine months, there has been no sense of urgency to create or develop workforce housing," said Steinbacher. "But in a survey of businesses in north county, 60 percent said housing for potential employees is a major issue and 80 percent of them are trying to resolve It on their own. Of the new hires in our area, 48 percent are living in Martin and St. Lucie counties, which has an impact on our businesses. This isn't easy, but if we can't protect workforce housing then the businesses will leave. " At the same meeting, Jupiter Yacht Club presented its concept for a 95-unit, Six-story condo hotel on the last parcel in that complex along U.S. 1 and the Intracoastal Waterway. But council members said they needed clarification on what comprises a condo hotel, objected to the height unless there were considerable public benefits and noted that this particular hotel appeared to be only for the wealthy. "My idea was that people would enjoy the marina and the retail, but the plaza space was reduced by retail, and now you are telling us that in this condo hotel there is no coffee shop or ice cream shop or facilities to benefit the public, II Councilman Don Daniels said. Kit Bradshaw can be reached at kit.bradshaw@scripps.com Copyright @ 2005, South Florici~SlLf)-~ef]tLnel http://www.sun-sentine1.com/newsllocal/palrnbeach/sfl-pcouncil09oct09.0.4395958.print....l0/1 0/2005 Northern Palm Beach County towns crave affordable housing By Hector Florin Palm Beach Post Staff Writer Thursday, September 29, 2005 PALM BEACH GARDENS - One mayor described Palm Beach County's workforce housing shortage as an urgent problem akin to $5-a-gallon gas. Another town's manager said no employees live in town limits, and one of the cheapest town homes he found was $365,000. Officials from Palm Beach Gardens, Juno Beach, and five other northern cities and Palm Beach County met Wednesday to discuss the importance of finding new land, creative financing, and anything else they can think of to overcome the county's affordable housing problem. Eyebrows were raised at units in a two-bedroom North Palm Beach condo conversion going for "only" $189,000. But most admitted they have a difficult task ahead to increase housing opportunities for workers such as teachers and police officers. And housing costs aren't close to falling. "There needs to be an urgency," said County Commissioner Karen Marcus, who hosted the meeting. 'We can't be slow now." As for police officers, Juno Beach Town Manager Jeff Naftal said housing costs drive them away from living there. "I can't get them into Juno Beach," he said. County commissioners in October will present their continuing study of increasing the county's workforce/attainable housing stock through the creation of land trusts, financial incentives, or modifying zoning regulations. Some cities expressed interest in following the county's plans. Casey Steinbacher, president of the North Palm Beach County Chamber of Commerce, offered to create a Powerpoint presentation on affordable housing and visit city halls as part of a "road show." 11 'We've got to start now," she said. Just about each city offered their most obvious concern: lack of land. Redevelopment, they said, was key. Maybe even getting a heads up from apartment owners converting to condos and asking them to set aside a few units at a lower price could work. r Marcus suggested possibly using new federal eminent domain laws on abandoned strip malls, and building mixed-use apartments and shops on the land. '1 , But the county and cities must get to work. Quickly. I I) "The situation is going from being a small problem to being a major disaster overnight," Palm Beach Gardens Mayor Joe Russo said. '1 ~ ~ I County increases impact fees on new homes By Hector Florin Palm Beach Post Staff Writer Wednesday. September 28,2005 WEST PALM BEACH - After lashing out at the local builders association over a purported last-minute misinformation campaign, county commissioners on Tuesday unanimously approved increases in impact fees, the one-time charge on new development to pay for growth-related services. Commissioners said they were flooded with phone calls from toll-free numbers Monday from people opposed to hiking the fees, but many callers didn't know the facts, including that existing homeowners don't have to pay them, The Gold Coast Builders Association, which opposed the fee hikes, said it hired a calling company to reach out to the building community, then to contact county commissioners, Hundreds of calls came in from residents, commissioners said. ''This strictly went out to our membership," said Brenda Talbert, the association's executive vice president, who admitted the strategy "backfired." 'What they did with that information on the other end of the line, I don't know," Talbert said. "Something went wrong, unfortunately." Commissioner Warren Newell said his office received 85 calls. Commissioner Karen Marcus said she received a similar number, many from senior citizens. The same goes for Commissioners Tony Masilotti, Jeff Koons, Burt Aaronson and Addie Greene, who said she got calls from people who "had no clue" about how impact fees worked. "For the Gold Coast Builders to go ahead and hire somebody and do what they did is really a slap in the face to the county commission and all the people they misinformed," Aaronson said, calling the association's actions "out of line, out of order and out of touch." Said Talbert: 'We were not calling the general Joe on the street. If there are senior citizens calling, it didn't have anything to do with us." The association has argued that there is a better way to calculate school impact fees and that the fees should not be charged only on new homes. Talbert also criticized the timing of the impact fee, a year after voters approved a half-cent sales tax expected to produce hundreds of millions of dollars for school construction. Effective Jan. 12, all buyers of new homes in unincorporated areas will pay from $936 to $1,795 more in impact fees, which help finance roads, schools, public buildings, libraries, parks and fire rescue and law enforcement needed to serve new homes. In total, buyers of new homes in unincorporated areas will pay from $7,456 to $12,409, depending on the home's size. Fees paid by buyers of homes in municipalities vary, depending on the county services they receive. The Florida Home Builders Association has introduced legislation in the past few years to find new sources of the money raised by the impact fees, said President-elect Len Tylka, a local engineer and contractor. The state association also supports a broader tax that doesn't affect only buyers of new homes. The state legislature this year created a task force to study the calculation of impact fees; how governments make those calculations have been the subject of lawsuits in Lee and Osceola counties. The county's increased impact fees are mainly due to spikes in construction costs. County staff presented figures that showed building Boynton Beach High School in 2002 cost $51.9 million, but Park Vista High in suburban Lake Worth, which opened last year, cost $64.8 million. Both schools are the same size, county staff said. Commissioners offered possible ways to change future calculations: using a per-square-toot rate, adding a category for homes larger than 3,600 square feet, and adjust the fees yearly according to the change in the consumer price index instead of reviewing fees every two years, as is done now. Commissioners also discussed ideas to reduce the effect of impact fees on affordable housing, but Masilotti and Marcus said the real crimp on building less-expensive homes is soaring land values. "Impact fees are not going to make the difference on an affordable housing unit," Marcus said. T Forum explores county~s affordable-housing woes Several groups hope to helP area residents find solutions. By LARRY KELlER Palm Beach Post StajfWriter WESf PALM BEACH - It was only fitting that a coali- tion of groups met Saturday at Currie Park to discuss what to do about the area's lack of affordable housing. Directly across the street, mode~t apartments are scheduled to be leveled for yet more luxury condomini- ums. "Who would have thought a person earning $45,000 can't afford any- thing?" said David Zimet, ex- ecutive director of Boynton Beach's faith-based Commu- nity Development Corp. and a participant in the forum at- tended by about three dozen people. Figures released last week showed the median existing-home price in Pahn Beach County is $406,000 - a 30 percent jump in just one year. The Currie Park forum was the first event in a cam- paign to organize nonprofit and community organiza- tions and ordinary citizens in an effort develop strategies, including putting pressure on elected officials, mortgage lenders and others to address the problem. West Pahn Beach Mayor Lois Frankel spoke briefly to the gathering and left repre- sentatives from other cities and nonprofit agencies and a smattering of folks wonder- ing what they can do while weathering searing heat and humidity with scant shade. "People need to under- stand this is a far-reaching TAYlOR JONES/Staff PhotDgrapher Housing coordinator Roslynne Powell distributes information at a forum on affordable housing at Currie Park in West Palm Beach Saturday. problem," said Terri Murray, about middle-class and upper executive director of North- middle-class. County com- wood Renaissance, a non- missioners realize the people profit economic development who work for them can't af- group that was one of the or- ford to live here." ganizers of Saturday's event Nor can a whole lot of "'The goal is to make others, said Annetta Jenkins, people think about what's program director of Local 10- going on. . . and ultimately to itiatives Support Corp. get people agitated. They "Who's going to ring up have to hold elected officials the cash registers?" she accountable for their actions. asked rhetorically. "Who's There is no motive for for- going to work in restaurants? profit developers to develop Who's going to teach our affordable housing in today's children if they can't afford to market" live here?" Vmce Larkins, president And while the activists are and CEO of the Fair Housing focused on home ownership, Center of the Greater Pahn they also say there is a seri- Beaches, predicted that the ous need formore reasonable county .:ommission eventu- rental housing because of a ally will make indusionary spate of apartments being zoning mandatory rather converted into condos. More than voluntary as is now the than 5,800 units converted to case. That's the practice of condos in Pahn Beach Coun- providing economic incen- ty in 2004, according to Mc- tives to developers who then Cabe Research & Consulting include a percentage of af- in Deerfield Beach. And that fordable housing units in benchmark won't last long: their developments. About 5,400 units are being "We have not had one converted in just the first 61,2 developer say they will vol- months of this year. untarily enter the program," "(Today) is the first shot Larkins said. "We're not out of the gun," Zimet said. talking about low-income" "It's become a crisis." housing. "We're talking @ lany-keller@pbpostcom 1 I _ Pleasant City housing project becomes a reality By Thomas R. Collins Palm Beach Post Staff Writer Tuesday, September 20,2005 WEST PALM BEACH - Finally, dollars are attached to the dreams. MerryPlace, a long-planned housing development meant to help restore the city's historic black neighborhood of Pleasant City, officially moved off the wish list and onto the construction schedule Monday with the announcement that $12.6 million in federal tax breaks has been awarded to the city and the West Palm Beach Housing Authority. The housing authority was tumed down for the money earlier this year, a crushing blow to the project's hopes. Since then, it and the city partnered with Banc of America CDC,'a development arm of Bank of America. After an appeal, the authority was awarded the money. The city will contribute about $6 million for new roads and utility work. "It's going to become a reality," Mayor Lois Frankel said. Work is expected to start in six to eight months with people moving in by the end df 2007, officials said. The development, in the works for more than three years, is an attempt to do three main things: provide less expensive housing in a county where the lower and middle classes can barely afford to live anymore; increase homeownership in a part of town filled with ramshackle rentals and vacant lots; and spark other new projects in the area. The plans call for 200 affordable homes and 128 rental units, said Laurel Robinson, the housing authority's executive director. 'We will be restoring homeownership in this area," she said. Robinson said the rental units would be offered at rents affordable to those making 60 percent of Palm Beach County's median income. The median income for a family of four is $62,100, she said. The definition of "affordable" allots 30 percent of that income for housing, or, in this case, $11,178 per year. In that case, monthly rent would be $930 for a unit that would accommodate a family of four. But Robinson cautioned that the median income is always changing and didn't want to focus on specific numbers. The homes that will be for sale - mostly townhomes, with some stand-alone homes - will be affordable to people making 80 percent to 120 percent of the area median income. For a family of four in Palm Beach County, that's about $50,000 to $75,000. Home buyers also would be eligible for state and county subsidies. Julia Smith, who moved to Pleasant City when she was 2 months old and still lives in West Palm Beach, said she's been shocked and saddened to see the decline of her old neighborhood. But now that money's been set aside for the project, she's encouraged. "Money's always the issue," she said. "How else can you move without that?" But many Pleasant City residents have been suspicious of anything the housing authority does because it bought up property years ago without doing anything with it, said Fred Lovett, 63, who has lived in the neighborhood all of his life. He worries residents will continue getting pushed out. "My environment's gone," he said. "Ain't nowheres to go." Thyra Echols Starr, chair of the housing authority's board, said the agency's responsibility isn't only to the most destitute, but to provide housing affordable to those with solid jobs. Finding a private developer to build less expensive housing is a big achievement, she said: 'What other developer in this area has come along and used AMI (area median income) as the basis?" Housing makes finding country clu.b workers difficult By Jennifer Sorentrue Palm Beach Post Staff Writer Monday, October 10, 2005 For northern Palm Beach County's country clubs, it's become increasingly difficult to find seasonal workers to help keep things running when the snowbirds return each year. With less than a month before the season begins, some of the area's most prestigious country clubs had to scramble to fill dozens of positions: the needed maintenance workers to keep the greens; mechanics to keep the golf carts running; caddies to carry the golf clubs; and waiters in the restaurants. Most clubs have started recruiting employees in other countries, but ev~n that has become a challenge. The problem, club officials say, is that there just isn't enough affordable housing in the northern part of the county. And local business leaders worry if something isn't done to curb housing costs, the employee shortage could spread to other industries and businesses on the north end. Soon, they fear it may become impossible for teachers, firefighters, and police officers to find a home they can afford. An employee has to earn about $96,000 a year - or $46 an hour - to be able to buy a home in Palm Beach County - where home prices now average about $385,800, said Casey Steinbacher, president of the North Palm Beach County Chamber of Commerce. "It is a symptom of a bigger problem, and it is growing," Steinbacher said. 'We can't get workers, and what we have we can't keep," Rental apartment buildings where international and out-of state workers have lived season after season are being gobbled up by companies who want to turn them into condos. Meanwhile, most of the qualified workers who live locally are either looking for a year-round job, or can't afford to take seasonal work because of the rapidly increasing cost of housing, country club officials say. Country clubs are one of the few employers in the northern part of the county to provide housing and transportation for out-of-state and international employees. Workers are normally housed at rental proprieties within a few miles of the club to keep transportation costs low. During the past three years, Sumita Tayal, human resources director at Frenchman's Creek in Palm Beach Gardens, says nearby housing is difficult to find. Many clubs are now considering building dormitory-style housing on their land. Rental communities such as the Villages at Abacoa, Legacy Place Apartment Homes in Palm Beach Gardens and The Gardens in Palm Beach Gardens have gone condo. More than 2,200 apartment units from Palm Beach Gardens north to the county line have been tumed into condos since 2004. ''The availability of these places are nil," said Tayal, whose club employs about 100 additional workers during the season, "Because of the rate at which the apartments are converting into condos, we don't have anyplace to put (seasonal employees)." And while the number of rentals dwindles, the number of snowbirds coming to Palm Beach County's country clubs each year continues to climb, and so does the number of seasonal employees needed. Country clubs in the Palm Beach Gardens area employ roughly 800 people each season, Tayal said. By Friday, a week before the season officially begins, nearly all of the positions had been filled, Tayal said. But country club officials expect filling them again next year will be even more of a challenge. "The country-club community is getting larger and larger," said Sheri Herb, human resources director at Lost Tree Club in North Palm Beach~ "As more and more clubs come on board, more and more clubs are going to employ people internationally." The seasonal jobs are attractive to young foreign workers because they look good on college resumes and provide a "cultural experience," Herb said. After Hurricane Katrina struck the Gulf Coast, Palm Beach Gardens city. officials, the north chamber and several area country clubs, tried to recruit hurricane victims for hundreds of seasonal jobs. But the effort failed. Instead of netting workers, the team received several calls from other employers in need of help. They wanted their available jobs added to the team's list, Tayal said. Palm Beach Gardens Mayor Joe Russo said the affordable housing crunch has become so critical, he fears it may be hard for Downtown at the Gardens, a $250 million retail center next to The Gardens mall, to find employees when it opens next month. . "You have so many apartments that are being converted," Russo said. 'Where are they going to live? That is why this issue is so desperate." . Housing costs outpace pay By Jeff Ostrowski Palm Beach Post Staff Writer Wednesday, October 05, 2005 In another sign of Florida's tightening housing affordability squeeze, the state's soaring home prices are far outpacing workers' pay raises. A study released Tuesday by the Federal Deposit Insurance Corp. ranks Florida fourth in the nation in the gap between home price increases and income growth, behind only Arizona, Nevada and Califomia. Florida home prices soared 24.5 percent in the 12 months that ended June 30, while income rose only 5.4 percent, the FDIC said. That 19 percentage point gap is well above the 11 percentage point difference a year ago. when Florida ranked seventh nationwide. Florida's job engine, which is churning out positions so quickly that unemployment has hit record lows, finds itself overwhelmed by the state's historic housing boom. Even with the state's job market in full swing, many of the newly created jobs don't pay enough to buy a typical home, said Jack Phelps of the FDIC's Atlanta office. Palm Beach County's median home price in the second quarter was $385,804, fully 7.5 times the county's median wage of $51 ,400. That home price-to-income ratio ranks well above the state and national averages and above historic levels, leading many experts to wam that cooling housing price,s are inevitable. "In the long run, there's been a fundamental relationship between these two things," Phelps said. The FDIC is just the latest group to point out the side effects of a housing boom that has shut out many low- wage workers and has forced many middle-income earners into long commutes. The National Housing Conference has raised similar issues, and employers increasingly say it's difficult to recruit workers here from other parts of the country. 'We're heading into a crisis," said Bruce Nissen, director of research at Florida International University's Center for Labor Research and Studies. "It's got to be a critical question for public policy." Officials from Palm Beach County and the Treasure Coast Regional Planning Council plan to discuss the housing crunch at separate events in coming weeks, but public officials acknowledge that there are no easy fixes. Even in St. Lucie County, once the destination of choice for families seeking affordable homes, many workers are moving to Okeechobee County and driving to Port St. Lucie every morning, said Greg Vaday, economic development coordinator at the Regional Planning Council. 'We have these new commuting patterns that are forming as a result of the home-price crisis," Vaday said. Not everyone agrees that soaring home prices have created an insurmountable obstacle for the state's economy. 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QS .....rn ~ co~ QJ> <j;;j ';j 0 "0 s..s = ~ e 5 v ~Q.) ......:;<1.>- 0........... s... ~ == ~ ~ ~ ~ ~ S g .: E.5 :: 5 ~ g u ~ ell .-._ 0 (,J ..... (/) en .g u.- 0 ~ o..c::.....= Q ~ (/) .... QJ - U QJ d ..... ~= ~ (/) C::'._ c::..... - ~ 3 0 (/) QJ 0 ell QJ QJ g ; QJ.!!a ::l <l:; (/) .-= ca ~"1:l oS be; rn > ~ e ~.5 _ __~ ucuu\:uons me l1~Jl..L y~cu . . U.S. home builders' optimism keeps sliding By BOB WIWS Bloombe1g NtJUlS Home builders in the United States were less optimistic for the third straight month in Sep- tember as the costs of energy and lumber rose in the aftermath of Hurricane Katrina, a sJll"Vey showed Monday. . The National Association of Home Builders/ Wells Fargo's index of builder confidence fell to 65, the lowest since July 2003, from 67 in August Gas prices rose to record levels after Katrina struck the Gulf Coast on Aug. 29, boosting cor- porate costs and leaving consumers lessinoney to spend on other goods. A decline in builders' con- fidence may point to a cooling of the housing boom that has fueled earnings at companies in- cluding Toll Brothers Inc. and driven growth in the world's largest economy. ~ 'The spike in energy prices and the massive amount of uncertainty working its way through the economy after Katrina" hurt sentiment, said John Hemnann, director of economic commen-- tary at Cantor Fitzgerald LP in New York, before" the report. Estimates for the index had ranged from 66 to 69. Readings greater than 50 mean builders con- sider the outlook for sales to be positive. The group's gauge of buyer trafficfell to 47 this month, from 50 in August, when it matched the low for the year. Costs for home builders are rising. Prices for lumber, which had fallen to a 22-month low Aug. 25, surged as much as 11 percent on the Chicago Mercantile Exchange the week after the hurri- cane smashed into Louisiana, Mississippi and Al- abama. f'a? q - 2D - oS ,. r I r. PALM BEACH · FRIDAY, SEPTEMBER 16, ZOOS - $Z.OO Da;ya;LOJIMBIIT Costs going up Katrina puts more pressure on co~~truction costs, " forces South Florida builders to refigure estimates by 8scar Pedn MasiIIay Burricane Katrina has led some local devel- opers to reduce their profit forecasts and set aside more money for construction, in anticipation of further spikes in material costs caused by reconstruction demand. Tristar Capital's David Edelstein, who is developing the 51o-unit W South Beach Hotel & Residences in Miami Beach, allowed for a 20 percent escalation on the two-year construction proj- ect starting next year. That pre-Katrina assess- ment was based on the crunch caused by China's voracious appetite for steel as well as rising prices for The price of &hersJau iDnIadoa, uplWt ad plywood, UIIODI other --.1.1 materiaU for bama ad ~ projec:u, fa on the rise. cement, sheet rock, asphalt and tar. So instead of spend- ing $190 a square foot, he expected to pay as much as $215 a square foot on con- struction - before Katrina. He is adjusting his con- struction budget by 2 per- cent per month to deal with anticipated material price increases, further driving up his cost. He declined to pro- vide his new construction See Construction, P4F A% U. FRIDAY, SEPTEMBER 16, ~ . DAILY BUSINESS REVIEW ~-."aB'lo ~ >( , . . .. ,.., ~"'" ,. ,~. .... ,", . . .'. -'" " . ..- -. '". ,.. ,"- , , cost estimate. Edelstein, who has partnered with the Related Group and RFR Holding on the condo-hotel project, said Thursday he is confident that bulldoz- ers will start rolling at ZZOI Collins Ave. early next year and is betting the market will weed out vulnerable proj- ects. "It's a cause of concern, but we are not alarmed. Other jobs won't get built, and contracts will get freed up," Edelstein said of the storm's impact on de'velopment and the potential shortage of contractors and labor. Tim Reidy, vice president of devel- opment at Gates McVey, which began building the two-tower Atrium at Aventura four months ago, also expects some projects won't get built as a result of Katrina. "Absolutely," said Reidy, who said developers can expect a smaller profit. "You're going to see a reduction in your return on the project because you have budgeted for costs at a certain figure and those costs have increased." Miami-based Murton Roofing Corp., one of the largest commercial roofing contractors in the Southeast, was dealing with higher costs as a result of the four hurricanes that hit Florid. last year and is already seeing the effects of Katrina, company presi. dent Michael Levine said. Fiberglus insulation went from $65 for 100 square feet last year to $IJO today. Levine said he expects a 7 percent increase in the next month and predicts the price will jump as much as zo percent by the start of zo06. Asphalt, which cost $3,Z5 a ton last year, has risen to $400 a ton and may go as high as $500 by the end of th~ year, he said. Four-bY'lo-foot pieces of sheet metal, which' already were in tight supply due to China's demand, have gone from $58 a sheet to $90 in nine months. And supply will be further constrained by distribution problems. Imports of building materi. als will be disrupted by dam- age to port facilities in New Orleans, which was the top destination for imported building materials such as cement in :&004, according to a M_ ~ pn8ideat MIcbael Lnm. aIrady" report by the National...... - '-- ill m. a&en.w&. of KatrIaa. Association of Home Builders. The New Orleans and Mobile, Ala., cus- toms districts reported they handled about IZ percent of U.S. cement imports last year. "Congestion caused by diversion of shipping to other ports will also prob- ably disrupt some supplies of materi- als, as will land transportation prob- lems caused by damage to roads, rail and reload centers," ac;cording to a statement from the National Association of Homebuilders issued earlier this month. Some developers won't know the true impact of the expected price increases for months. "New construction typically is bid a long time in advance," Levine said. "But I expect there is going to be sticker shocks when they call six months later and say, 'OK, let's sign the contract.' " Levine said one South Florida developer told him that he was getting out of the game entirely as a direct result of the rising construction costs, but otherwise no one has canceled any contracts with him. He declined to identify the developer. Who ends up eating the increased cost will depend largely on when the contract was signed. Vendors and con- tractors are including escalation claus- es in their contracts, which assign ris- ing costs to the developer. But an esca- lation clause was not standard in con- tracts signed a year ago, and contrac- tors and vendors must take rising costs out of their bottom line without a protective clause. "It depends on when it was bid," Levine said. Cost increases also were seen after Hurricane Andrew hit southern Miami-Dade County in August 199Z. From July to September of that year, the average price for plywood increased nationally from $ZU to $JZI per 1,000 square feet, and the price of Southern pine framing lumber rose from $:W4 to $J08 per 1,000 board feet, NAHB said. Last year's hurricanes did not trigger a similar bump in prices, but they already had soared in the preceding year. The combination of higher deman.: and disrupted supply produced a spike in lumber and panel prices in the Wt few days of August. With production already running at full capacity fo, wood panels, the association expects to see higher prices for lumber ana roofing. Some developers have found cre- ative ways to deal with rising costs. Some are opting for lightweight con- crete walls with foam filler instead of solid concrete. The true impact on the cost of labor and materials in South Florida won't be felt for many months until tbose rebuilding on tbe Gulf Coast moves into damaged neighborhoods in need of drywall, roofing and paint. Coastal Construction cbief execu- tive officer Tom Murphy, a large South Florida contractor, expects prices to jump when repair work starts. But he doesn't foresee a drain on Florida labor because there is still plenty of work in the Sunshine State. "Rigbt now tbe industry has got a shortage of qualified people in South Florida," be said. "If we need them here, why would they move their fam- ilies and everything to head up tbere? '1 don't see it bappening, because there is enough work for them here." The NAHB report supports Murphy's argument that the pace of rebuilding will be slow. Experts expect construction of replacement housing. to take place over a number of years. Although Katrina's destruction implies increased demand for new homes, experience has shown no quick surge in home building in storm-damaged areas. New Orleans had about zoo,ooo homes. It is not yet known how many were destroyed or sustained major damage, but with as much as 80 per- cent of the city under water for days it is sure to be substantial. South Florida lost about z8,000 homes in Andrew. In Miami-Dade, during the year after Andrew9,oz6 residential permits were issued - 7.8 percent of the state total - slightly lower than its 7.9 per- cent share in 1991. By 1995, Miami-Dade accounted for 14.718 permits, or IZ percent of the statewide total, but thar number still wasn't much greater than what might have been expected without a hurri- cane, the NAHB report says. Florida will have work for construc- tion crews for years to come, especial- ly in the areas hardest hit by the last year's storms, Murphy said. "I took a drive recently through Southwest Florida, and there are peo- ple who still don't have roofs," he said, speaking of the rebuilding still under way from last year's hurricanes. "There are blue tarps everywhere." . Oscar Pedro Musibay can be reached at omusibay@alm.com or ar (J05) J47-6651. (T~ -a . ~ I ... ~ en .~ ~ en ~ e 0 ~ bl) d .~ .I-J en .~ >< ~ ~ 0 en ~ ........ ~ en = . C/) . ::J -". ....... ~. - ... ......... ... ..-.....1 1:Ill.-HQ U...J N .. "." 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Construction sector braces for rebuilding gulf region By AWSON UNN 1M ~ated Pms SEATI1..E - Hurricane Kat- rina destroyed thousands of homes, but it was the damage to timber and sawmills in the storm-ravaged region that im. mediately drove up the price of some construction materials nationwide. Now, as the plants reopen and the focus switches to re- construction, experts say prices should begin to stabilize. In the long term, some say the re- building effort will have a mini- mal effect on construction costs elsewhere in the country - and could possibly even lead to changes that make home build- ing somewhat more affordable. "In terms of somebody buy- ing a house in California, there's going to be some ripple effect, but it's not going to be over- whehning," said Michael Car- ner, an economist with the .ational Association of Home Builders. The devastation Katrina wrought on homes alone is thought to be far worse than that of Hurricane Andrew in 1992 with perhaps hundreds of thou: sands of homes damaged or de- stroyed. Lumber costs rise The price of lumber in central Arkansas has soared in ~~~~~~::~'m_m. Framing lumber In central Arkansas $7 _ _ _ .._n)Veekly pri~!l~ $5 JUNE JULY AUGUST Source: National Home Centers THE ASSOCIATED PRESS . But experts say the rebuild- mg process could take years, and could be spread over a wid- er geographic area if some resi- dents choose never to return to storm-ravaged areas and settle elsewhere. Those two factors alone could help dampen any spikes in pricing, or at least make it more difficult to judge the impact. 'This is quite different from the typical hurricane already in that we're still trying to literally bail out the city of New Or- leans," said Ken Simonson chief economist with the As~ ciated General Contractors of America. "It's complex because there is much more damage to the region and more damage to the eco~omy, but also more people movmg out of the region," he added. Also, because rebuilding is expected ~o. take so long, Si- monson saId It will be difficult to parse' out the effect of the re- building from other factors that affect U.S. home prices, such as mortgage rates or the oft. predicted slowing of the nation's housing boom. There are also some more subtle impacts of Hurricane Katrina that some say could ac- tually help the U.S. housing market. The hurricane downed a large swath of trees that must now be harvested quickly be- fore they rot, potentially putting more wood product into the market to naturally meet any increased demand. Also. the Bush administra- tion has said it will consider See BUilDING, SF ~ ( ( I s. m in h; st w ir h SF THE PALM BEACH POST SATURDAY, SEPTEMBER 17,2005 SIEVE HELBER,f1he Associated Press A knuckle boom sorts through timber Friday at a logging site in Wiggins, Miss. The composite price for framing lumber has risen 13.5 percent, to $403 per thousand feet, since Hurricane Katrina. More deIlland seen offsetting cost of repairs to buildings ~ BUILDING from IF eliminating or easing tariffs on imported timber to make rebuilding more affordable and to increase supplies. If that happens, Carliner said it could possibly even help to lower home prices else- where in the country. For now, however, the market is still reac;ting to initial panic. The composite price for iraming lumber has nsen 13.5 percent, to $403 per thousand feet, since the - 'mcane hit, according to : trade publication Ran- aaln Lengths. The price of structural panels is up 38 percent, to $499 per thou- sand feet, for the same peri- od. RatuJom Lengths editor Shawn Church said the structural panels market is already showing signs of calming. He expects wood prod- ucts prices to stabilize as ini- tial, emotional reactions are tempered. As rebuilding be- gins, he said any increased demand could be felt re- gionally, ''but nationwide it will be likely undetectable. The demand will just be folded into an overall market that is huge." The hurricane also had an immediate effect on the cement industry, since im- ports bound for New Orleans had to be rerouted to areas including Florida and Texas. Ed Sullivan, chief econo- mist with the trade group Portland Cement Associa- tion, said that in the short term it will actually help the cement market since those areas were dealing with shortages. Months from now, when the rebuilding process be- gins, Sullivan said he ex- pects there to be a sustained increased demand for ce- ment that could last several years. But he sees imports helping meet that demand. The impact on other building supplies is expected to be similar. Analyst Steve Chercover with DA Davidson and Co. said he expects that the cost to big players of having plants damaged or closed by the storm will be made up for by bigger demand for prod- uct later on. But he's not predicting that the storm will . significantly improve these companies' earnings. "I think it will probably be a wash," he said. 1 I 1; I fi l d ai rt Jt c. tl K d p t ( , bJ:) = .~ CD. 5 ~ o,~ S,.Q ~ ~ ..Q~ ~ 0 ~ :: : ~ ~ ~~ ~ ~ :.,) ~ ~ r:n = :a r!,C Q U ;5 ::I e (I) m~ -= c;.c ... (I) .. ca ;:',C c; U U = ,3- = -; = i:"'= (I):='Q_U ca"l!=ca (I) = ca::l.! 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Q) Q:; ~Q) ;.s~ ~ ~ -v.s F:Q) cb ~~ ~~(/i I I -=.e- ~ '~oS -=~~~~~ .~ oS ~ ~ <i ~ ..: Q) c\S 00 >../:l - c: CS < 00 = Q) Q) = ::l Z Q) Q) ca en 0 00 s... .,.... ca Q).- ....... "'C~CIlQ)Q) a o.o::l>- ~ Q)-UCIlU::lCll uU='O~caoQ)""''tii::lQ)u'Ou= .s.S~~ I~"g '~8~~.g~ .~] &8 ~ .~~~~ e ~ e~ -s ~~ ~8~ BOYNTON BEACH CRA AGENDA ITEM REQUEST FORM Requested CRA Date Final Materials Must be Meetinl! Dates Turned into CRA Office 0 January II, 2005 December 28,2004 (Noon,) 0 February 8, 2005 January 25, 2005 (Noon) 0 March 8, 2005 February 22, 2005 (Noon) 0 April 12,2005 March 29, 2005 (Noon) 0 May 10,2005 April 26, 2005 (Noon) 0 June 9,2005 May 26, 2005 (Noon) NA TURE OF 0 Consent Agenda AGENDA ITEM 0 Director's Report DATE: November 2,2005 Requested CRA Date Final Materials Must be Turned into Meetinl! Dates CRA Office 0 July 12, 2005 June 28, 2005 (Noon) 0 August 9, 2005 July 26, 2005 (Noon) 0 September 13,2005 August 30, 2005 (Noon) 0 October II, 2005 September 27, 2005(Noon) . November 8, 2005 October 25,2005 (Noon) 0 December 13, 2005 November 29,2005 (Noon) 0 Old Business 0 Legal II New Business 0 Future Agenda Items 0 Other Item SUBJECT SUMMARY PARAGRAPH: At the CRA Board Meeting on October 11, 2005, the CRA Board approved Lisa Bright as Interim Director of the agency. The board did not make an adjustment to Ms. Bright's cornpensation at that time. Resolution No. 05-05 is the mechanisrn to address the annual compensation of the Interim Director. RECOMMENDATION: Adjust the salary of the Interim Director to an amount equal to the duties and obligation's of the position in the dollar amount of $96,305. FISCAL IMPACT: The fiscal impact for the Interim Director position is $96,305. ALTERNATIVES: Not recommend an approve a salary adjustment for h I CRA Staff 9361 C:IDocuments and SettingslbrightllDesklop\Agenda Summariesllnterim Director Salary Adjust-11 ,2.05.doc RESOLUTION NO. 05 - 05 A RESOLUTION OF THE BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY, TO ADDRESS THE SALARY ADJUSTMENT FOR THE INTERIM DIRECTOR BEGINNING OCTOBER 11, 2005; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, at its regular meeting i,eld on October 11, 2005, the Boynton Beach Community Redevelopment Agency Board (hereinafter "Cl~") authorized the position of Interim Director until further notice; WHEREAS, CRA wishes to adjust the annual compensation of the newly- appointed Interim Director, Lisa Bright, to ;eflect the additional duties and obligations of the Director's position; and WHEREAS, Employer authorizes the Controller to adjust the salary of other CRA staff members as directed by the CRA Board. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF THE BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY: SECTION 1. CRA authorizes the Controller to amend the annual salary of the Interim Director to the annual salary adopted by the CRA in the 2005-2006 budget for the Executive Director position ($96,305.00). SECTION 2. CRA authorizes the Director to add additional personnel or to adjust the salary of any CRA staff members if such adjustments are deemed necessary based upon the staff member's responsibilities, work load and performance, but only as directed by the CRA Board. SECTION 3. All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. SECTION 4. If any clause, section, other part or application of this Resolution is held by any court of competent jurisdiction to be unconstitutional or invalid, in part or application, it shall not affect the validity of the remaining portions or applications of this Resolution. SECTION 5. EFFECTIVE DATE This resolution shall become effective immediately upon its passage and adoption. 9362 Board Member offered the foregoing Resolution and moved its adoption. The motion was seconded by Board Member and upon being put to a vote, the vote was as follows: JEANNE HEA VILIN, Chair HENDERSON TILLMAN, Vice-Chair DON FENTON, Board Member ALEXANDER DEMARCO, Board Member JAMES BARRETTA, Board Member MARIE HORENBURGER, Board Member STEVE MYaTT, Board Member The Chair Person thereupon declared this Resolution approved and adopted by the CRA Board of the Boynton Beach Community Redevelopment Agency, Boynton Beach, Florida, this _ day of ,2005. By: Jeanne Heavilin, Chair Person BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY Legal in form and valid if enacted: Kenneth Spillias CRA Attorney 9363 2 BOYNTON BEACH CRA AGENDA ITEM REQUEST FORM Requested CRA Date Final Materials Must be Requested CRA Date Final Materials Must be Turned into Meetinl! Dates Turned Meetinl! Dates CRA Office into CRA Office 0 January II, 2005 December 28,2004 (Noon.) 0 July 12, 2005 June 28, 2005 (Noon) 0 February 8, 2005 January 25, 2005 (Noon) 0 August 9,2005 July 26, 2005 (Noon) 0 March 8,2005 February 22, 2005 (Noon) 0 September 13, 2005 August 30, 2005 (Noon) 0 April 12, 2005 March 29, 2005 (Noon) 0 October II, 2005 September 27, 2005(Noon) 0 May 10,2005 April 26, 2005 (Noon) . November 8, 2005 October 25, 2005 (Noon) 0 June 9,2005 May 26, 2005 (Noon) 0 December 13,2005 November 29,2005 (Noon) NA TURE OF 0 Consent Agenda 0 Old Business 0 Legal AGENDA ITEM 0 Director's Report . New Business 0 Future Agenda Items 0 Other Item DATE: November 2,2005 SUBJECT SUMMARY PARAGRAPH: As outlined and approved at the CRA Board Meeting of October 11, 2005, it was established that the International City Manager's Association Retirement Corporation (ICMA-RC) will adrninister the agency's 401 (a) program. Resolution No. 05-06 is the mechanism establishing contribution amounts for salaried staff. RECOMMENDATION: Review and recommend percentages based on the existing organizational chart and recomrnend guidelines for pay grade contributions. FISCAL IMPACT: To be determined by the board. ALTERNATIVES: Not recommend payments for the 401 (a) plan. CRA Staff 9364 C:\Documents and Settings\brightl\DesktoplAgenda Summaries\Resolution No. 05.06.11 ,205.doc RESOLUTION NO. 05 - 06 A RESOLUTION OF THE BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY, TO SET THE AMOUNT OF 401(a) CONTRIBUTIONS IN LIEU OF RETIREMENT FOR THE SALARIED STAFF OF THE CRA BEGINNING OCTOBER 01,2005; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, CRA wishes to make lump sum contributions in lieu of retirement for the salaried staff as outlined in the CRA 401(a) plan; and WHEREAS, the CRA Board shall set the limit of contributions for each fiscal year beginning October 01, 2005 according to the attached list. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF THE BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY: SECTION 1. CRA authorizes the Controller to contribute lump sum payments to the salaried employees as stipulated on the attached schedule in accordance with the plan procedures of the CRA 401(a) plan adopted on October 1,2005 (Resolution No. 05-03). SECTION 2. All resolutions or parts ofresolutions in conflict herewith are hereby repealed to the extent of such conflict. SECTION 3. If any clause, section, other part or application of this Resolution is held by any court of competent jurisdiction to be unconstitutional or invalid, in part or application, it shall not affect the validity of the remaining portions or applications of this Resolution. SECTION 4. EFFECTIVE DATE This resolution shall become effective immediately upon its passage and adoption. Board Member offered the foregoing Resolution and moved its adoption. The motion was seconded by Board Member and upon being put to a vote, the vote was as follows: JEANNE HEA VILIN, Chair HENDERSON TILLMAN, Vice-Chair DON FENTON, Board Member ALEXANDER DEMARCO, Board Member JAMES BARRETT A, Board Member 9365 1 MARIE HORENBURGER, Board Member STEVE MYOTT, Board Member The Chair Person thereupon declared this Resolution approved and adopted by the CRA Board of the Boynton Beach Community Redevelopment Agency, Boynton Beach, Florida, this _ day of ,2005. By: Jeanne Heavilin, Chair Person BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY Legal in form and valid if enacted: Kenneth Spillias CRA Attorney 9366 2 401(a) CONTRIBUTION LEVEL PER POSITION DIRECTOR % $ ASST. DIRECTOR % $ CONTROLLER % $ PLANNING DIR, % $ EVENTS COORD. % $ ADMIN. ASST. % $ MARKETING 0/0 $ 10/18/2005 9367 BOYNTON BEACH CRA AGENDA ITEM REQUEST FORM Requested CRA Date Final Materials Must be Meetinl! Dates Turned into CRA Office 0 January 11,2005 December 28,2004 (Noon,) 0 February 8, 2005 January 25, 2005 (Noon) 0 March 8, 2005 February 22, 2005 (Noon) 0 April 12,2005 March 29, 2005 (Noon) 0 May 10,2005 April 26, 2005 (Noon) 0 June 9, 2005 May 26, 2005 (Noon) NATURE OF 0 Consent Agenda AGENDA ITEM 0 Director's Report DATE: November 2,2005 Requested CRA Date Final Materials Must be Turned into Meetinl! Dates CRA Office 0 July 12,2005 June 28, 2005 (Noon) 0 August 9, 2005 July 26, 2005 (Noon) 0 September 13,2005 August 30, 2005 (Noon) 0 October II, 2005 September 27, 2005(Noon) 0 November 8, 2005 October 25, 2005 (Noon) 0 December 13, 2005 November 29,2005 (Noon) 0 Old Business 0 Legal 0 New Business 0 Future Agenda Items 0 Other Item SUBJECT SUMMARY PARAGRAPH: In the course of procedural analysis of CRA for the time period October 1, 2004 through May 31, 2005 it was identified that staff travel needs to be tied to the public purpose and paid according to established CRA policies. The policies for per diem rate and mileage reimbursement have been set by the CRA board and this resolution provides the instrument authorizing the Controller to pay staff for such authorized travel. RECOMMENDATION: Approve Resolution No. 05-07 to set the amount of per diem travel and mileage reimbursement allowances for staff of the CRA effective October 1, 2005. FISCAL IMPACT: None. ALTERNATIVES: Not approve Resolution No. 05-07. CRA Staff 9368 C:\Documents and Settings\brightl\Desktop\Agenda Summaries\Resoultion 05.07.11.2,05.doc RESOLUTION NO. 05 - 07 A RESOLUTION OF THE BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY, TO SET THE AMOUNT OF PER DIEM TRAVEL AND MILEAGE REIMBURSEMENT ALLOWANCES FOR STAFF OF THE CRA BEGINNING OCTOBER 01, 2005; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, CRA Board had established a per diem rate in its policy manual for authorized travel by staff; and WHEREAS, the CRA Board had established a mileage reimbursement in its policy manual for authorized travel by staff. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF THE BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY: SECTION 1. CRA authorizes the Controller to pay authorized staff travel to CRA related conferences and seminars in the performance of a public purpose authorized by law to be performed by the agency. The Controller shall pay staff on a per diem basis as outlined in the policy manual. In addition, travel per diem shall only be paid in accordance with Section 112.061(5), Florida Statutes. SECTION 2. CRA authorizes the Controller to pay staff mileage reimbursement for authorized travel when they use their own auto at the rate established by the I.R.S. SECTION 3. All resolutions or parts ofresolutions in conflict herewith are hereby repealed to the extent of such conflict. SECTION 4. If any clause, section, other part or application ofthis Resolution is held by any court of competent jurisdiction to be unconstitutional or invalid, in part or application, it shall not affect the validity of the remaining portions or applications of this Resolution. SECTION 5. EFFECTIVE DATE This resolution shall become effective immediately upon its passage and adoption. Board Member offered the foregoing Resolution and moved its adoption. The motion was seconded by Board Member and upon being put to a vote, the vote was as follows: 9369 JEANNE HEA VILIN, Chair HENDERSON TILLMAN, Vice-Chair DON FENTON, Board Member ALEXANDER DEMARCO, Board Member JAMES BARRETT A, Board Member MARIE HORENBURGER, Board Member STEVE MYOTT, Board Member The Chair Person thereupon declared this Resolution approved and adopted by the CRA Board of the Boynton Beach Community Redevelopment Agency, Boynton Beach, Florida, this _ day of ,2005. By: Jeanne Heavilin, Chair Person BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY Legal in form and valid if enacted: Kenneth Spillias CRA Attorney 9370 2 BOYNTON BEACH CRA AGENDA ITEM REQUEST FORM Requested CRA Date Final Materials Must be Meetine Dates Turned into CRA Office D January II, 2005 December 28, 2004 (Noon,) D February 8, 2005 January 25, 2005 (Noon) D March 8, 2005 February 22, 2005 (Noon) D April 12, 2005 March 29, 2005 (Noon) D May 10, 2005 April 26, 2005 (Noon) D June 9, 2005 May 26, 2005 (Noon) NATURE OF D Consent Agenda AGENDA ITEM D Director's Report DATE: November 2,2005 Requested CR4. Date Final Materials Must be Turned into Meetine Dates CRA Office D July 12,2005 June 28, 2005 (Noon) D August 9, 2005 July 26, 2005 (Noon) D September] 3,2005 August 30, 2005 (Noon) D October II, 2005 September 27, 2005(Noon) . November 8, 2005 October 25, 2005 (Noon) D Dccember 13, 2005 November 29,2005 (Noon) D Old Business D Legal . New Business D Future Agenda Items D Other Item SUBJECT SUMMARY PARAGRAPH: Allow qualified CRA staff to opt-out of major benefits due them and receive a 50% payment in lieu of expense borne by the agency. The CRA could save additional dollars each year by not incurring unnecessary benefits cost for excepted staff. RECOMMENDATION: Allow qualified staff to opt-out of established benefits and receive 50% payment in lieu. FISCAL IMPACT: Increase positive cash flow to the agency dependent upon the amount of benefit saved. ALTERNATIVES: Not approve the opt-out benefit plan. CRA Staff 9371 C:\Documents and Settings\brightl\Desktop\Agenda Summaries\Major Benefits Opt-Out-11.2,05.doc BOYNTON BEACH CRA AGENDA ITEM REQUEST FORM Requested CRA Date Final Materials Must be Meetin!! Dates Turned into CRA Office 0 January II, 2005 December 28,2004 (Noon,) 0 February 8, 2005 January 25, 2005 (Noon) 0 March 8, 2005 February 22, 2005 (Noon) 0 April 12,2005 March 29, 2005 (Noon) 0 May 10,2005 April 26, 2005 (Noon) 0 June 9, 2005 May 26, 2005 (Noon) NATURE OF 0 Consent Agenda AGENDA ITEM 0 Director's Report DATE: November 3,2005 Requested CRA Date Final Materials Must be Turned into Meetin!! Dates CRA Office 0 July 12, 2005 June 28, 2005 (Noon) 0 August 9, 2005 July 26, 2005 (Noon) 0 September 13,2005 August 30, 2005 (Noon) 0 October II, 2005 September 27, 2005(Noon) 0 November 8, 2005 October 25, 2005 (Noon) 0 December 13, 2005 November 29,2005 (Noon) 0 Old Business 0 Legal 0 New Business 0 Future Agenda Items 0 Other Item SUBJECT SUMMARY PARAGRAPH: At the October 11, 2005 the CRA Board directed staff to pursue a consulting agreement with the former Executive Director, Douglas C. Hutchinson. Since that time staff and Attorney Spillias met with Mr. Hutchinson to determine his intent of a consulting agreement and assess the needs of the CRA to determine compatibility. In determining the CRA's need for consulting services staff reviewed the status of CRA projects, CRA programs and referred to the CRA Administrative Policy Manual Policy No. 01.01.01 (copy attached) to complete the evaluation process. RECOMMENDATION: Approval of a 60-day Consulting Contract with Douglas C. Hutchinson subject to the Interirn Director's and CRA Board's direction and supervision to serve as a consultant to the CRA on various projects on an as-needed basis. As directed by the board's motion of the October 11, 2005, Mr. Hutchinson's will be paid a daily rate of $370.00, paid on a bi-monthly basis. Said rate of compensation is comrnensurate with the former Director's annual salary excluding benefits. FISCAL IMPACT: $16,050.00. ALTERNATIVES: Not to contract with Mr. Hutchinson. CRA Staff 9372 Lisa Bright, nt im Director T:\AGENDAS & MONTHLY REPORTS TO THE BOARD\2005-2006\CRA Board Meeting.11.8.05\Hutchinson Contract. Resolution 05- 08.11.8.05.doc BOYNTON BEACH COMMUNITY REDEVELOPEMNT AGENCY, FLORIDA ADMINSTRA TIVE POLICY MANUAL CHAPTER: 01 Administration POLICY No: 01.01.01 SECTION: 01 Purpose and Structure Pages: 1 of 1 SUBJECT: 01 Purpose POLICY AND SCOPE: The purpose is to establish a system of written policy guidelines and procedural directives to be used in the normal conduct of business of the CRA. The Administrative Policy Manual shall be applicable to all CRA Departments. PROCEDURE: The Administrative Policy Manual provides a common system of written directives for all CRA Departments. The following are its objectives: 1. To improve the effectiveness of communication among CRA employees, strengthen administrative operations and provide a consistent approach to CRA problems. 2. To provide interdepartmental guidelines. 3. To establish uniform standards for the distribution of policy guidelines. 4. To use this manual as a training and informational document for new personnel. 9373 Y.\Admmstrataive PolICY Manual\O 1 01.01 purpose and sturcturedoc Boynton Beach CRA Staff Structure Concept With Specific Staff Assignments Revised May 17, 2005 Total Staffing - 8 BOYNTON BEACH Executive Director - 1 · Board Directives · Project Development . Innovation of CRA Programs . Administration · Set CRA Board Meeting Agendas . Planning · Incentive Programs 1. Creation 2. Oversight . Affordable Access 1, Community Real Estate Trust 2. Ordinance Drafting . Grants Leadership · Neighborhood Assoc. & Community Interface Secretary - 1 . Phone . Visitor . Scheduling . Filing . Newspaper Clips . Binding . Agenda Production Support Assistant Director - 1 · Agenda Preparation 1. Posting/ Scheduling 2. Packet Production 3. Distribution . Outside Contracts Management . Oversight of Departments 1. Finance 2. Marketing . Legal Interface . Insurances 1. General Liability & Specialty 2. Health . MLK Acquisition Contracts/Accounting . Trolley System . Police Programs · Marina Management and Operations . IT Needs and Management . Wi-Fi System Management . Human Resources 1. Compensation & Goal Plans for Employees 2. Employee Reviews 3. Staff & Board Training & Development 4. Benefits Analysis 5. Pay Scale Analysis Nicole Shares X\CRA StafflCRA Staffing.doc · Annual Report · Grants Programs Finance - 2 (Controller & Bookkeeper) · Accounting 1. Budget Preparation 2. Required Reporting Forms 3, Prepare for Audit & Compliance 4. Cash Management 5, Bond Funding · Human Resources Accounting 1. Employee Benefits Administration 2. Payroll · Grants In and Out Accounting · Contract Accounting Administration Planninq Director - 1 · Update Briefing Book and Tracking New Projects · Design Guidelines · Unified Plan and Planning Updates · Land Development Regulations · Project Review with City · Owner / Developer Interface · Land Self-Assembly Program · Data Systems - Maps / Zoning / Census · In-House Project Design and Concepts · Way Finding Sign Programs · Architectural Digital Modeling Systems · Construction Interface / Utility Interface Marketinq - 2 (Marketinq DiU Events Coordinator) Marketinq Director · Press Releases · Web Site · Newsletter · Publications, Brochures, Flyers, Annual Report, Etc... · Business Development Program - Genesis · Survey Programs . Awards · Merchandise / Promotional Material · Travel/Seminar / Logistics Events Coordinator . Events 1. Festivals 2, Special Events 3. Promotions 9374 CRA Board Of Commissioners Nia:rf.(,thlg' . "'Diretto.. :. .' . 'e' " 'ta' .' ',:{,d ven .... Cotittilhcttor 9375 Nicole Shares X\CRA Staff\CRA Staffing,doc CONSUL TING CONTRACT THIS CONTRACT is made and entered into on this day of 2005, by and between DOUGLAS C. HUTCHINSON ("HUTCHINSON") and BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY ("CRA"). RECIT ALS The CRA and HUTCHINSON acknowledge the following as the basis for this contract: A. The CRA is desirous of immediately retaInmg the services of HUTCHINSON to serve as a consultant to the CRA, and HUTCHINSON agrees to provide such services. B. In selecting HUTCHINSON as a consultant, the CRA is relying upon HUTCHINSON'S expertise as the fonner Executive Director of the CRA. C. The CRA and HUTCHINSON wish to reduce their agreements to writing in order to describe their relationship with each other, and to provide a basis for effective communication and guidelines. TERMS, CONDITIONS AND COVENANTS Accordingly, based upon the foregoing premises and in consideration of the mutual covenants and promises contained in this Contract, the CRA and HUTCHINSON agree as follows: ARTICLE I Agreement for Services 1.1 The CRA hereby contracts with HUTCHINSON to serve as a consultant for the CRA and HUTCHINSON agrees to provide services as hereinafter set forth. 1.2 This contract does not create an employer/employee relationship between CRA and HUTCHINSON, nor will HUTCHINSON receive employment benefits as a result of this contract. ARTICLE II Duties, Obligations and Conflicting Employment 2.1 Subject to the Executive Director's and CRA Board's direction and supervision, HUTCHINSON shall serve as consultant to the CRA on various projects on an as-needed basis. 9376 2.2 While HUTCHINSON is employed as a consultant for the CRA, he shall not engage in any conflicting employment or consulting work unless he has obtained express written consent from the Executive Director of the CRA. ARTICLE III Duration of Contract 3.1 This contract shall be for a term of 60 days from the date of execution of this contract unless extended in writing and agreed to by both parties at least five (5) business days before the expiration of the term. ARTICLE IV Compensation 4.1 HUTCHINSON shall be compensated in the following manner: 4.1.1 HUTCHINSON'S hourly rate for consulting services is $46.30. 4.1.2 HUTCHINSON shall submit his invoice for services to the Executive Director. The invoice shall be broken down by project (including a brief but explanatory description) and the number or hours or minutes spent on each project. The total invoice may not exceed $8,025.00 unless pre-approved by the Executive Director. Payment shall be due to HUTCHINSON within 30 days paid on a bi-monthly basis. 4.1.3 If pre-approved in wntmg by the Executive Director, HUTCHINSON may be reimbursed for out-of-pocket expenses. ARTICLE V Termination of Contract 5.1 This contract can be terminated in writing with or without cause by either party. ARTICLE VI Insurance 6.1 If professional and/or other insurance is required by the CRA for HUTCHINSON to perform the consulting work contemplated herein, the cost of the insurance shall be paid by the CRA. 9377 2 ARTICLE VII Miscellaneous 7.1 Modification or Amendment of Contract. No modification of or amendment to this contract shall be valid unless reduced to writing and signed by both parties. 7.2 Assignment. This Contract is not assignable. HUTCHINSON shall not subcontract any portion of the work of this Contract without the prior written consent of the Executive Director. 7.3 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. 7.4 Governing 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. 7.5 Entire Agreement. This Contract contains the entire agreement between the CRA and HUTCHINSON. All prior agreements and understandings, whether written or oral, pertaining to this Contract are fully abrogated and of no further force and effect from and after the date of this Contract. 7.6 Execution. This Contract may be executed in duplicate or counterparts, each of which shall be deemed 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. 7.7 Notice. Whenever either party desires to give notice to the other party, it must be given by written notice, sent via certified U.S. 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. The CRA and HUTCHINSON designate the following as the respective places of giving notice: CRA: Boynton Beach Community Redevelopment Agency Attention: CRA Chairperson 9378 3 639 E. Ocean Avenue, Suite 107 Boynton Beach, Florida 33435 Telephone: 561-737-3256 Fax: 561-737-3258 COPY TO: Kenneth G. Spillias, Esq. Lewis, Longman & Walker, P.A. 1700 Palm Beach Lakes Boulevard, Suite 1000 West Palm Beach, Florida 33401 Telephone: 561-640-0820 Fax: 561-640-8202 HUTCHINSON: Douglas C. Hutchinson 9480 South Military Trail, Unit 4D Boynton Beach, Florida 33436 Telephone: 561-734-7762 EXECUTED on the respective dates set forth below: DOUGLAS C. HUTCHINSON BY: Douglas C. Hutchinson DATE: BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY BY: CRA Chairperson DATE: IIClient DocumentslBoynton Beach CRA 12419-000IMisclAgreementsI30-day Hutchinson consulting contracl.doc 9379 4 CONSULTING CONTRACT THIS CONTRACT is made and entered into on this day of 2005, by and between DOUGLAS C. HUTCHINSON ("HUTCHINSON") and BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY ("CRA"). RECIT ALS The CRA and HUTCHINSON acknowledge the following as the basis for this contract: A. The CRA is desirous of immediately retammg the services of HUTCHINSON to serve as a consultant to the CRA, and HUTCHINSON agrees to provide such services. B. In selecting HUTCHINSON as a consultant, the CRA is relying upon HUTCHINSON'S expertise as the former Executive Director of the CRA. C. The CRA and HUTCHINSON wish to reduce their agreements to writing in order to describe their relationship with each other, and to provide a basis for effective communication and guidelines. TERMS. CONDITIONS AND COVENANTS Accordingly, based upon the foregoing premises and in consideration of the mutual covenants and promises contained in this Contract, the CRA and HUTCHINSON agree as follows: ARTICLE I Agreement for Services 1.1 The CRA hereby contracts with HUTCHINSON to serve as a consultant for the CRA and HUTCHINSON agrees to provide services as hereinafter set forth. 1.2 This contract does not create an employer/employee relationship between CRA and HUTCHINSON, nor will HUTCHINSON receive employment benefits as a result of this contract. ARTICLE II Duties, Obligations and Conflicting Employment 2.1 Subject to the Executive Director's and CRA Board's direction and supervision, HUTCHINSON shall serve as consultant to the CRA on various projects on an as-needed basis. 9380 offered the foregoing Resolution and Board Member moved its adoption. The motion was seconded by Board Member and upon being put to a vote, the vote was as follows: JEANNE HEA VILIN, Chair HENDERSON TILLMAN, Vice-Chair DON FENTON, Board Member ALEXANDER DEMARCO, Board Member JAMES BARRETT A, Board Member MARIE HORENBURGER, Board Member STEVE MYOTT, Board Member The Chair Person thereupon declared this Resolution approved and adopted by the CRA Board of the Boynton Beach Community Redevelopment Agency, Boynton Beach, Florida, this _ day of ,2005. By: Jeanne Heavilin, Chair Person BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY Legal in form and valid if enacted: Kenneth Spillias CRA Attorney PASSED AND ADOPTED BY THE BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY BOARD, THIS DAY OF 2005. 9382 2 RESOLUTION NO. 05 - 08 A RESOLUTION OF THE BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY, TO ADDRESS THE COMPENSATION CONTRACT TO BE PAID TO THE FORMER DIRECTOR ON AN AS NEEDED BASIS BEGINNING NOVEMBER 09, 2005; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Boynton Beach Community Redevelopment Agency Board (hereinafter "CRA") authorized the Interim Director to enter into a formal contract lasting days with the fonner Director, Mr. Douglas Hutchinson, to assist the Agency on an as needed basis; and WHEREAS, CRA wishes to set the rate of compensation for the duration of the contract at $370.00 per day, paid on a bi-weekly basis. Said rate of compensation is commensurate with the former Director's annual salary; and WHEREAS, the Interim Director shall request the assistance of Mr. Hutchinson as projects or problems arise for a period lasting no longer than days, and Mr. Hutchinson shall be available to and will fully and readily provide such services when and as requested by the Interim Director. This contract can be terminated by either party at any time during the set period upon receipt of no less than seven days written notice. NOW, THEREFORE, BE IT RESOL VED BY THE BOARD OF COMMISSIONERS OF THE BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY: SECTION 1. eRA authorizes the Controller to pay the former Director, Mr. Douglas Hutchinson the per diem rate mentioned above for a period not to exceed days. SECTION 2. All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. SECTION 3. If any clause, section, other part or application of this Resolution is held by any court of competent jurisdiction to be unconstitutional or invalid, in part or application, it shall not affect the validity of the remaining portions or applications of this Resolution. SECTION 4. This resolution shall become effective immediately upon its passage and adoption. 9381 BOYNTON BEACH CRA AGENDA ITEM REQUEST FORM Requested CRA Date Final Materials Must be Meetin!! Dates Turned into CRA Office D January II, 2005 December 28,2004 (Noon,) D February 8, 2005 January 25, 2005 (Noon) D March 8. 2005 February 22, 2005 (Noon) D April 12,2005 March 29, 2005 (Noon) D May 10,2005 April 26, 2005 (Noon) D June 9,2005 May 26, 2005 (Noon) NATURE OF D Consent Agenda AGENDA ITEM D Director's Report DATE: November 3,2005 Requested CRA Date Final Materials Must be Turned into Meetin!! Dates CRA Office D July 12, 2005 June 28, 2005 (Noon) D August 9, 2005 July 26, 2005 (Noon) D September 13, 2005 August 30, 2005 (Noon) D October II, 2005 September 27, 2005(Noon) . November 8, 2005 October 25,2005 (Noon) D December 13, 2005 November 29,2005 (Noon) D Old Business D Legal . New Business D Future Agenda Items D Other Item SUBJECT SUMMARY PARAGRAPH: Like all of South Florida, Boynton Beach is experiencing exponential real estate growth. As a major participant in the redevelopment process, the CRA is integral to catalyzing real estate development within its district. While exciting, this growth has created a demand for professional staff with experience in land development regulations, planning and zoning to handle the voluminous requests from the private sector. CRA planning staff is not only attempting to meet these private s~ctor requests, but also is developing the zoning infrastructure governance documents, such as Design Guidelines, 20/30 Plan Update, etc. RECOMMENDATION: Recruitment of a Planner to provide professional support to the Planning Director. FISCAL IMPACT: Pay range approximately: $48K - $65K. ALTERNATIVES: Not approve. CRA Staff 9383 T:\AGENDAS & MONTHLY REPORTS TO THE BOARD\2005-2006\CRA Board Meeting.11.8.05\Recruitment CRA Planner. 11.8.05.doc Job Descriptions JOB TITLE: PLANNER CLASSIFICA TION: Non-Exempt OBJECTIVE The purpose of this classification is to perform professional and technical work developing, researching and maintaining public planning studies and programs. Work involves technical and creative responsibility conducting research and preparing detailed studies on land use, zoning, conservation, housing, transportation, population, coastal management, historic preservation, urban design, and other areas of comprehensive planning activities. . ESSENTIAL FUNCTIONS . Administrative 1. Prepares urban design projects of varying compfexity; participates in drafting plans; prepares zoning and land use maps; collects and compiles survey data for reports. 2. Prepares work programs with detailed description of data analysis and plan content requirements; ensures that programs are consistent in format and in accordance with legislative criteria for content. 3. Prepares staff reports; analyzes and recommends amendments to the land use plan; presents findings to various boards and citizen groups as required. . ;i:':. ,':;: 4, Assists in updating and maintaining the Cdl11preher\siv~PI~n. :: ::::Ti:W'.::';I;:>.;! 5, Designs and prepares preliminary drafts of:'varyingcomplexi1yQf.layouts for Boynton Beach CRA projects; redesigns plans to obtain desirables results, 6, Maintains liaison with other regional planning activities as they relate to the interest of the Boynton Beach CRA. 7. Receives and responds to inquires on land use issues from engineers, contractors, other agencies and the general public. 8. Prepares routine memos, correspondence, and reports and may prepare, or assist in the preparation of written documentation for the CRA. 9. May coordinate activities of development review committees, review applications, and assist applicants with project evaluations. 10. May perform data processing related duties on a CRT and/or PC display terminal, including using available statistical software packages, encoding data, data entry and retrieval, and limited programming. 11, Performs basic administrative duties including written reports, memorandums, letters, and electronic correspondence, interaction with the public, and communication through telephone and meetings. 12. Performs general/clerical tasks, which may include answering telephone calls, making copies, sending/receiving faxes, filing documents, or processing incoming/outgoing mail. 9384 Job Descriptions . Written Skills 1. Must demonstrate strong 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. 2. Consults with City Planning & Development staff and other officials to review/resolve problems, receive advice/direction, and provide recommendations. 3, Conducts codes 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 planning and architectural degrees, 2, Must have a working knowledge of a CAD programs, including but not limited to general drawing, rendering, etc. 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 logical assignment for this classification, Other duties may be required and assigned. PREFERRED QUAL/FICA TIONS Bachelors Degree in Urban & Regional Planning, Architecture or closely relateci field; supplemented by two 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 computers operations with preference for CAD experience; or any equivalent combination of education, training, 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. Human Interactions: Requires the ability to interact professionally 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 variety of references, descriptive, advisory and/or design data and information. Mathematical Aptitude: Requires the ability to perform addition, subtraction, multiplications 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 Reasoninq: Requires the ability to exercise independent judgment to apply facts and principles for developing approaches and techniques to resolve problems. 9385 2 Job Descriptions Situational Reasoninq: Reasoning the ability to exercise judgment, decisiveness and creativity in situations involving broader aspects of organizational programs and operations, moderately unstable situations, or the direction, control and planning of an entire program or set of programs, 9386 3 BOYNTON BEACH CRA AGENDA ITEM REQUEST FORM Requested CRA Date Final Materials Must be Requested CRA Date Final Materials Must be Turned into Meetinl! Dates Turned Meetinl! Dates CRA Office into CRA Office 0 January II, 2005 December 28, 2004 (Noon.) D Ju]y ] 2, 2005 June 28, 2005 (Noon) 0 February 8, 2005 January 25, 2005 (Noon) D August 9, 2005 July 26, 2005 (Noon) 0 March 8, 2005 February 22, 2005 (Noon) D September ]3,2005 August 30, 2005 (Noon) 0 April] 2, 2005 March 29, 2005 (Noon) D October 11, 2005 September 27, 2005(Noon) 0 May 10, 2005 April 26, 2005 (Noon) . November 8, 2005 October 25, 2005 (Noon) 0 June 9, 2005 May 26, 2005 (Noon) D December 13, 2005 November 29,2005 (Noon) NATURE OF 0 Consent Agenda D Old Business 0 Legal AGENDA ITEM 0 Director's Report . New Business 0 Future Agenda Items 0 Other Item DATE: November 3, 2005 SUBJECT SUMMARY PARAGRAPH: In reviewing the CRA Administrative Policy Manual and in discussion with Attorney Spillias, it was determined that the CRA has no mechanism to implement employee recognition. Attorney Spillias provided an interpretation of Statute 163 outlining prohibitions as well as the development of a policy to permit the Board to provide bonuses for recognition of outstanding service beyond the call of duty (copy of email attached). An example of outstanding service by an employee has been provided for discussion purposes. RECOMMENDATION: Approval of Resolution 05-09 Implementing a Policy to Recognize Outstanding Service Beyond the Call of Duty of any CRA Employee. FISCAL IMPACT: At the Board's discretion. ALTERNATIVES: Not approve. CRA Staff 9387 T:\AGENDAS & MONTHLY REPORTS TO THE BOARD\2005-2006\CRA Board Meeting.11.8.05\Empl Recognition.Res 05-09.11.8.05.doc RESOLUTION NO. 05 - 09 A RESOLUTION OF THE BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY, TO ADDRESS THE CONCEPT OF IMPLEMENTING A POLICY TO RECOGNIZE OUTSTANDING SERVICE BEYOND THE CALL OF DUTY OF ANY CRA EMPLOYEE; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Boynton Beach Community Redevelopment Agency Board (hereinafter "CRA") wishes to recognize tho~t) CRA employees who perform outstanding work, or achievements that enhance the Agency; and WHEREAS, CRA does not wish to elaborate on specific works or achievements that might qualify for special recognition, b,qt it does wish to retain the right to use its discretion in the type of accomplishment it chooses to recognize; and WHEREAS, CRA will treat each situation separately and not be bound by any prior work or achievement it has recognized in the past. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF THE BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY: SECTION 1. CRA empowers the Director to authorize the recognition of any Agency employee that the CRA deems eligible in whatever manner the CRA chooses including but not limited to the granting of bonuses or other remunerative consideration for unique or significant accomplishments, achievements or service above and beyond an employee's regular and expected job responsibilities. SECTION 2. All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. SECTION 3. If any clause, section, other part or application of this Resolution is held by any court of competent jurisdiction to be unconstitutional or invalid, in part or application, it shall not affect the validity of the remaining portions or applications of this Resolution. SECTION 4. This resolution shall become effective immediately upon its passage and adoption. 9388 Board Member offered the foregoing Resolution and moved its adoption. The motion was seconded by Board Member and upon being put to a vote, the vote was as follows: JEANNE HEA VILIN, Chair HENDERSON TILLMAN, Vice-Chair DON FENTON, Board Member ALEXANDER DEMARCO, Board Member JAMES BARRETTA, Board Member MARIE HORENBURGER, Board Member STEVE MYOTT, Board Member The Chair Person thereupon declared this Resolution approved and adopted by the CRA Board of the Boynton Beach Community Redevelopment Agency, Boynton Beach, Florida, this _ day of ,2005. By: Jeanne Heavilin, Chair Person BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY Legal in form and valid if enacted: Kenneth Spillias CRA Attorney PASSED AND ADOPTED BY THE BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY BOARD, THIS DAY OF 2005. TlRESOLUTIONS\2005-2006\RESOLUTION NO 05-09 9389 2 Page 1 of2 Bright, Lisa Frorn: Kenneth Spillias [kspillias@lIw-law.com] Sent: Thursday, October 20, 2005 10:21 AM To: Bright, Lisa Subject: RE: Staff Recognition Lisa, There are no 163 prohibitions, but there are other Florida Statutes that apply and that need to be complied with. Section 215.425, F.S. prohibits extra compensation to any employee after the service has been rendered. The statute has been interpreted many times by the Attorney General to prohibit lump sum payments of any kind, including bonuses, etc., unless provided for by contract. There is, however, a provision in the statute that provides that the provisions of the section "do not apply to . . . extra compensation given to , . . special district employees pursuant to . . . resolutions of governing boards of special districts." This would appear to authorize a bonus payment (which the certificate you are suggesting would amount to) so long as the Board has adopted a resolution containing a policy. The resolution should not be situation specific, i.e., it shouldn't just apply to Robert in this one instance. A policy could be developed which would permit the Board to provide bonuses for recognition of outstanding service beyond the call of duty. It might be Iirnited as to circumstances, arnount, etc., and would always be in the discretion of the Board, in other words there would not be any guarantee of a bonus to any ernployee just because they have performed beyond the call (i.e., no precedent set by providing recognition in one situation). Hope that helps. If you need anything else, let me know. Ken Kenneth G. Spillias Lewis, Longman & Walker, P.A. 1700 Palm Beach Lakes Blvd. Suite 1000 West Palm Beach FI, 33401 Phone: (561) 640-0820 Fax: (561) 640-8202 From: Bright, Lisa [mailto:BrightL@ci.boynton-beach.fl.us] Sent: Thursday, October 20, 2005 8:20 AM To: Amy Dukes Cc: Kenneth Spillias Subject: Staff Recognition !1'~' Amy, Would you let me know if 163 has any restrictions on recognition for staff? Robert Reardon has saved the agency over $34K this year alone and a projected total of $600,000 9390 10/21/2005 BOYNTON BEACH CRA AGENDA ITEM REQUEST FORM Requested CRA Date Final Materials Must be Meetin!!: Dates Turned into CRA Office 0 January II, 2005 December 28, 2004 (Noon,) 0 February 8, 2005 January 25, 2005 (Noon) 0 March 8, 2005 February 22, 2005 (Noon) 0 April 12, 2005 March 29, 2005 (Noon) 0 May 10,2005 April 26, 2005 (Noon) 0 June 9, 2005 May 26, 2005 (Noon) NATURE OF 0 Consent Agenda AGENDA ITEM 0 Director's Report DATE: Novernber 3,2005 Requested CRA Date Final Materials Must be Turned into Meetin!!: Dates CRA Office 0 July 12, 2005 June 28, 2005 (Noon) 0 August 9, 2005 July 26, 2005 (Noon) 0 September 13, 2005 August 30, 2005 (Noon) 0 October II, 2005 September 27, 2005(Noon) . November 8, 2005 October 25, 2005 (Noon) 0 December 13,2005 November 29,2005 (Noon) 0 Old Business 0 Legal iii New Business 0 Future Agenda Items 0 Other Item SUBJECT SUMMARY PARAGRAPH: In reviewing the CRA Administrative Policy Manual it was determined that there was not a policy to address guidelines, criteria and conditions for reimbursement of business use of personal cellular telephones. The policy outlines appropriate administrative procedures and guidelines to handle such use along with a mechanism for employee reirnbursement. RECOMMENDATION: Approve the Cellular Telephone Allowance Policy FISCAL IMPACT: At the discretion of the Executive Director to determine job related appropriateness. Once established for each position; the maximum reimbursement is $60,00 per position with accurate documentation provided to the accounting department as established in the governing policy. ALTERNATIVES: Not approve. CRA Staff 9396 T:\AGENDAS & MONTHLY REPORTS TO THE BOARD\2005-2006\CRA Board Meeting.11.8.05\Cellular Telephone POlicy,11.8.05,doc CELLULAR TELEHPONE ALLOWANCE POLICY PURPOSE: The purpose of this policy is to provide a set of guidelines governing the use of cellular telephones by the Boynton Beach Community Redevelopment Agency (CRA) employees and to provide guidelines, criteria and conditions for reimbursement of business use of personal cellular telephones. ELIGIBILITY: As a general rule, the CRA shall not provide cellular telephones or cellular service to its employees. The Agency does recognize, th~gh, that some positions within the organization would be enhanced by the availability of cellular service for the employee. These positions are defined as positions in which there is: 1. a need for the employee to be out ofthF~office for a portion of the work week; and 2. a demonstrable need for the employee to be accessible while out of the office. Employment positions that meet these criteria may request reimbursement for their cellular telephone from the Executive Director. The Executive Director shall be the final determinant of which positions shall warrant the need and extent of the business use of cellular telephones. REIMBURSEMENT PLAN: Employees that may need to use a cellular telephone to conduct CRA business and who have requested and been approved for reimbursement by the Executive Director, may be eligible for reimbursement of a percentage of the base amount of their cell plan plus taxes up to a maximum of $60 per month. Reimbursement shall be requested and authorized by completing a Cellular Telephone Reimbursement Request form and attaching a copy of their cellular plan contract identifying the number of minutes covered by the plan, the plan rate, any additional fees and what they are for. The CRA shall reimburse for the cost of basic cellular service plus taxes up to a maximum of $60 per month. Reimbursements shall be done through payroll or accounts payable. Cellular phone reimbursements will be processed at the beginning of the month. OTHER: Staff that are receiving reimbursement for cellular telephones obligate themselves to keeping their telephone charged and turned on so as to be reachable, replace lost or stolen telephones promptly, pay their cellular telephone bills on a timely basis, notify the CRA of changes to their cellular plan that would change their reimbursement amount, present a copy of a current cellular plan contract upon request to verify plan information, and adhere to any and all other requests and stipulations that insure the safeguarding of the CRA's investment. - 9397 BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY AUTHORIZATION FOR REIMBURSEMENT FOR BUSINESS USE OF EMPLOYEE'S PERSONAL CELLULAR TELEPHONE Employee's Name: Employee Social Security #: Service Provider: Base Plan Amount: Minutes: Total Monthly Payment: % to be reimbursed: As Executive Director, I verify that the employee listed above is required, due to legitimate business need, to maintain cellular telephone service to conduct official CRA business. I hereby authorize the employee listed above to use his/her personal cellular telephone, the telephone number of which is listed above, for the conducting of official CRA business. The CRA will pay the employee a cellular telephone allowance for the use of his /her personal cellular telephone in accordance with the CRA's Cellular Phone Allowance Policy at a percentage deemed appropriate, but not to exceed a maximum of $60.00 per month. As Employee, I verify that the duties of my position with the CRA require the use of cellular telephone service that I agree to be reimbursed for the use of my personal cellular telephone according to the rate defined above. By accepting this reimbursement, I agree to keep my telephone charged and turned on so as to be reachable, replace lost or stolen telephones promptly, pay my cellular telephone bill on a timely basis, notify the CRA of changes to my cellular plan that would change the reimbursement amount, present a copy of current cellular telephone bill upon request to verify my plan information, and adhere to any and all other requests and stipulations that insure the safeguarding of the CRA' s investment. Executive Director: Date: Employee: Date: Please attach a copy of your current cellular telephone bill showing the regular monthly plan charges, the number of minutes covered by the plan, the plan rate, and any additional fees with an explanation of such fees. 9398 BOYNTON BEACH CRA AGENDA ITEM REQUEST FORM Requested CRA Date Final Materials Must be Requested CRA Date Final Materials Must be Turned into Meetinl! Dates Turned '\1eetinl! Dates CRA Office into CRA Office 0 January II, 2005 December 28, 2004 (Noon.) D July 12,2005 June 28, 2005 (Noon) 0 February 8, 2005 January 25,2005 (Noon) D August 9, 2005 July 26, 2005 (Noon) 0 March 8, 2005 February 22, 2005 (Noon) D September 13,2005 August 30, 2005 (Noon) 0 April 12, 2005 March 29, 2005 (Noon) D October 11, 2005 September 27, 2005(Noon) 0 May 10, 2005 April 26, 2005 (Noon) . November 8, 2005 October 25, 2005 (Noon) 0 June 9, 2005 May 26,2005 (Noon) D December 13, 2005 November 29, 2005 (Noon) NA TURE OF . Consent Agenda D Old Business D Legal AGENDA ITEM D Director's Report D New Business D Future Agenda Items D Other Item DATE: 11/03/05 SUBJECT SUMMARY PARAGRAPH: The fiscal agents (Mark Raymond and Julie Turner)for the upcoming bond issue and Agency staff urge the Board to utilize the RFP for bond underwriting that was won by Bank of America in December of 2004. The Agency and its fiscal agents would then be able to go to the rnarket in December of 2005. RECOMMENDATION: Allow the Agency to continue with the RFP on file for the Bond Issue #2 EXPLANATION: If the Agency can utilize the Bank of America's RFP, which is not more that 10 months old, it can quickly seek funds for Bond #2. By doing so, the Agency rnay be able to minimize the increase in interest rates that seem to be on the rise owing to the Fed discount rate increases. FISCAL IMPACT: A swing of 100 to 150 basis points (1 % - 1.5%) on a bond issue of over $10,000,000 will amount to a sizable savings. ALTERNATIVES: Set staff on the task of creating and publishing the RFP. 4J-t~ 9399 T:ICONSENT AGENDASICRA Agenda Item Request 2005 SAMPLE.doc MEMO TO: FROM: CC: SUBJECT: DATE: Lisa Bright, Interim Director Robert Reardon, Comptroller Loan Savings 11/312005 Please be advised that I just received the final amortization schedule from the Bank of America and we did exceedingly well on the savings. Here are the numbers: The total remaining interest to be paid through September 20,2016 on the old rate $ 1,066,851.78 The total remaining interest to be paid through September 20,2016 on the new rate $ 882,633.86 Savings equals $184,217.92 9400 SEP 30 2003 12:23 FR NATIONSBANK DamUU Rmenea --~ 904 454 4413 TO 915517373258 P.02/03 LOAN AMORTIZATION SCHEDULE (Regular Payments) Custorner Name Loan Amount Interest Rate Payment Amount No of Payments Pay Frequency Payment Type Accrual Basis BOYNTON BEACH COMMUNITY $2,752,345.10 6.$60% $158,649.14 026 Semi-Annually Fixed Payment/(Prin & Int) Actual Day Count/360 Day Year Date of Loan Term/No Months 1 st Due Date Maturity Date Soptember 20, 2003 156 March 20, 2004 September 20, 2016 NOTICE: This amortization schedule is not intended for use in the calculation of exact payoff amounts. It will only provide an approximation of unpaid balances as it assumes that all payments will be made exactly on the stated due dates and in the exact arnount of each stated payment. It will not reflect variances caused by any actual payments being rnade on any dates other than the stated due dates and/or for any amounts other than the stated payment amounts, Furthermore, the calculations used to create this amortization schedule may contain minor rounding differences with the Bank's loan accounting system which may also cause variances to occur ------_.--- PAYMENT AMT ___'-~TPORTIC)~_ PRIN PORTION k.OAN B~I.}~NC_E Amount of Loan ;;:; $ 2,752,345.10 $ 6~4-"~'-'.2.684.975.96 _.------.---6 ,624.88 2,616,351.08 $ 135,994.02 $ 2,616,351.08 86,293,07 -~~ 2,543,995.01 85,297.33 73,3. ~470.643.20 $ 311,298.28 $ 171,590.40 $ 145,707.88 $ 2,470,643.20 158,649.14 81.487.30 77 , 1 6 1 .84 2.393,481.36 158,649.14 80,250.77 78,398.37 2.315,082.99 $ 317,298,28 $ 161,738.07 $ 155,560.21 $ 2,315,082.99 158,649.14 76,356.58 82,292.56 2.232,790.43 158,649.14 74,862.98 83,786.16 2,149,004.27 $ 317,298.28 $ 151,219.56 $ 166,078.72 $ 2,149,004.27 158,649.14 71,270.53 87.378.61 2,061,625.66 158,649.14 69.124.02 89,525.12 1,972,100.54 $ 317,298.28 $ 140,394.55 $ 176,903.73 $ 1,972,100.54 156.649.14 65.044.26 93,604,88 1.878,495.66 158,649.14 62.983.87 95,665.27 1,782.830.39 $ 317,298.28 $ 128,028.13 $ 189,270,15 $ 1,782,830.39 158,649.14 58,801.71 99,847.43 1.682,982.96 158,649.14 56,428.55 102,220.59 1.580.762.37 $ 317,298.28 $ 115,230.26 $ 202,068.02 $ 1,580,762.37 P~'(#_____ DATE DUE 2004 Sep. 20, 2 TOTALS FOR YEAR - 2004 Mar. ep, 20, 2005 TOTALS FOR YEAR - 2005 5 6 Mar. 20. 2006 Sap. 20, 2006 TOTALS FOR YEAR - 2006 7 Mar. 20, 2007 8 Sap. 20, 2007 TOTALS FOR YEAR - 2007 9 10 Mar. 20, 2008 Sep. 20, 2008 TOTALS FOR YEAR - 2008 11 Mar. 20, 2009 12 Sap. 20, 2009 TOTALS FOR YEAR - 2009 13 Mar. 20, 2010 14 Sep. 20, 2010 TOTALS FOR YEAR - 2010 Loan Amortization Schedule, Page 1 9401 SEP 30 2003 12:23 FR NRTIONSBRNK 904 454 4413 TO 915517373258 P. 03/03 15 Mar. 20, 2011 158,649.14 52,137.06 106,51208 1,474,250.29 16 Sep. 20, 2011 158,649.14 49,429.97 109,21 9.1 7 1,365,031.12 TOTALS FOR YEAR. 2011 $ 317,298.28 $ 101,567.03 $ 215,731,25 $ 1,365,031.12 '7 Mar. 20, 2012 158,649.14 45,270.50 113,378.64 1,251,652.48 18 Sep. 20, 2012 158,649,14 41.966.52 116,682.62 1,' 34,969.86 TOTALS FOR YEAR - 2012 $ 317,298.28 $ 87,237.02 $ 230,061.26 $ 1,134,969.86 19 Mar. 20, 2013 158,649.14 37,433.83 121,215.31 1,013,754.55 20 Sep. 20, 2013 158,649.14 33,990.06 124,659.08 889.095.47 TOTALS FOR YEAR. 2013 $ 317,298.28 $ 71,423.89 $ 245,874.39 $ 889,095.47 21 Mar. 20. 2014 158,649.14 29,324.34 129,324.80 759.770.67 22 Sap. 20, 2014 158,649.14 25,474.27 133,174.87 626,595.80 TOTALS FOR YEAR - 2014 $ 317,298.28 $ 54,798.61 $ 262,499.61 $ 626,595.80 23 Mar. 20, 2015 158.649.14 20.666.52 137,982.62 488,613,18 24 Sep. 20, 2015 158,649.14 16,382.66 142,266.48 346,346.70 TOTALS FOR YEAR - 2015 $ 317,298.28 $ 37,049.18 $ 280,249.10 $ 346,346.70 25 Mar. 20, 2016 158,649.14 1 1,486.40 147,162.74 199,183.96 26 Sep. 20, 2016 205,862,38 6,678.42 199,183.96 0.00 TOTALS FOR YEAR. 2016 $ 364,511,52 $18,164.82 $ 346,346.70 $ 0.00 FINAL TOTALS $ 4,172,090.88 $1,419.745.78 $ 2,752,345.10 $ 0.00 l/D~b8~\ , Loan Amortlntlon Schedule, PlIg. 2 9402 ** TOTRL PRGE.03 ** EankofAmerica ~ LOAN AMORTIZATION SCHEDULE (Rogular Paymllntn) Customer Name Loan Amount Interest Rate Payment Amount No of Payments pay Frequency payment Type Accrual BaSiS : BOYNTON BEACH C~ : $2,470,581,22 5.650% : S152,418.87 : 022 : Seml.Annually : rind PBvmentJ(Prin & Int) : Actual Day Count/360 Day Year Date Of Loan TermlNo Months 1 st Due Date Maturlty Date : October 12, 2005 : 131 : March 20, 2006 : Soptumb8r 20, 2016 HOT.ICEe Tnls amort1zatlOn scneClule Is not Intended for use in the calculation of exact payoff amounts. It w,fl on:'! provide an approximation Of unpaid balances as It assumes that all payments will be made exactly on the stated dUE dates ana In the exact amount Of each stated payment. It will not reflect variances caused by any actual payments being made on any dates other than tlie stated due dates and/or for any amounts other than the sta:ed payment amounts. Furthermore, me calculations used to create this amortization schedule may conta,n minor roundiniJ differences wlttl the Bank's loan accounting system WhiCh may also cause variance., to occur. -_..---- PA Yi_----PA_tiJtU_E PA.YMENT AM.T I Nll.QB:T'J.QN f!BUteoBItOH_J.J)~~_Jl_~!-A~CJ::_ Amount of Loan '" $ 2,470,SS1.22 Mar. 20, 2006 $ 152.418.87 $ 61.651.30 $ 90,76757 2.379.81355 2 Sep.20,2006 152.418.87 68,723.73 83.695.1D 2.296.1i8 S1 TOT ALS FOR YEAR. 2006 $ 304,837.74 $ 130,375.03 $ t 74,462.71 $ 2,296,118.51 3 Mar 20. 2007 152,41887 65,22571 87,193.1 6 2208.92535 4 Sep. 20, 2007 152.41887 63.78886 88,63001 2.12C,2953a TOTALS FOR YEAR. 2007 $ 304,837.74 $ 129,014.57 $ 175,823.17 $ 2,120,295.34 5 Mar. 20, 2008 152.41887 60.563.88 91,854.99 2028,~035 6 Sep. 20, 2008 152,418.87 58.57685 93,842.02 1,934,59833 TOTALS FOR YEAR. 2008 $ 304,831.74 $ 119,140.73 $ 185,&97.01 $ 1,934,590.33 7 Mar. 20. 2009 152,418.87 54,956.03 97,462.84 1,837,135.49 B Sep. 20, 2009 152,418.87 53,052.39 99,366.48 1,737,7690, TOT ALS FOR YEAR. 2009 $ 304,837.14 $ 108,008.42 $ 19G,829,32 $ 1,737,7G9.01 9 Mar. 20, 2010 152.a 18.87 49,36a.71 103,054.16 1.63L:,7i 4.85 10 Sep. 20, 2010 152,41887 47,206.93 105,211.94 1,529,502.9i TOTALS fOR YEAR. 2010 $ 304,837,74 $ 9G,511.64 $ 208,268.10 $ 1,529,502.91 11 Mar. 20 2011 152,418.87 43,448.50 108,970.37 1 ,<120,5325~ 12 sep. 20. 2011 152,a1B.87 41,021.82 111.397.05 1,309.135.49 TOTALS fOR YEAR. 2011 $ 304,837.74 $ 84,470.32 $ 220,367,42 $ 1,309,135.49 13 Mar. 20, 2012 152,418,87 37,394.00 115.02487 1,194,110.62 14 Sep.20.2012 152.418,87 34.483.26 117.935.61 107617501 TOTALS FOR YEAR. 2012 $ 304,837.74 $ 71,877.26 S 232,960.48 $ 1,076,175.01 Loll" A.mortwllon s.,hadule, Palla 1 9403 ;5 Mar. 20, 2013 152,418.87 30,570.84 121,848.03 954,326.98 16 Sep, 20, 2013 152.418.87 27.558.84 124,860.03 829.466.95 TOTALS FOR YEAR. 2013 $ 304,837.74 $ 58,129.68 $ 246,708.06 $ 829,466.95 17 Mar. 20, 2014 152,418.87 23.562.62 128,856.25 700,610.70 18 sep. 20, 2014 152,418.87 20.232.08 132.186.79 568,423.91 TOTALS FOR YEAR. 2014 $ 304,837.74 $ 43,794.70 $ 261,043.04 $ 568,423.91 19 Mar. 20, 2015 152,418.87 16,147.19 136.271.68 ll32,152.23 20 Sep. 20, 2015 152,418.8' 12,479.60 139,939.27 292,212.96 TOTALS FOR YEAR. 2015 $ 304,837.74 $ 28,626.79 $ 276,210.95 $ 292,212.96 21 Mar. 20, 2016 152,/118.87 8,346.74 144.072.13 148,140.83 22 Sep.20,2016 152.418.81 4,277.98 148,140.83 0.00 TOTALS FOR YEAR. 2016 $ 304,837.68 S 12,624.72 $ 292,212.9G $ 0.00 FINAL TOTALS $ 3,353,215,09 $ 882,633.86 $ 2,470,5-81.22 $ 0.00 - Loan Amortiuttlon SCl1ol!ul*, Pag_ 2 9404 x. Board Member Comments 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. XI. Monthly Report to the Board 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 561-73 7-3256 at least twenty-four hours prior to the program or activity in order for the CRA to reasonably accommodate your request. MEMO To: CRA Board From: CRA Staff Date: November 4, 2005 Subject: Monthly Report to the Board Administration: 1. Trolley Operations: a. Staff met with trolley vendors and requested ridership data along with advertising initiatives for board review. (LB) b. Trolley grant implementation remains outstanding. (LB) 2. Business Genesis Program: a. prr Staff, Wesley Saintlouis is acting as Small Business Development Coordinator for the program and is working to improve participant satisfaction. Staff is developing a database of businesses "In/Out" within the CRA district. (LB) 3. Police/Community Center: a. Staff met with police to explore improved operations and suggested relocating CRA police to MLK as a substation, Responses due from police early December. (LB) 4. Staffing: a. Effective November 11, 2005, Nicole Monet has resigned from the agency. Staff will wait to determine board direction for recruitment of additional staff after the review of the HR Study presentation on November 17, 2005. (LB) 5. Computer/Phone Systems: a. New CRA phone system linking suites 103 & 107 together and voicemail has been implemented. (LB) 6. Projects: · Coordinated with City Manager and Arleen Dennison on the upcoming RFP for the Old High School Project. (LB) · Update meeting on Boynton Beach Blvd & Promenade Project with Jonathan Ricketts and Dennis Haynes. Staff requested reporting requirements be established for board review. (LB) · Met with Wilfred Hawkins, Wally Majors and Jody Rivers to implement a CRA Parks Plan. Staff has requested a 9405 Server TIAGENDAS & MONTHLY REPORTS TO THE BOARDIMonthly Report to the Board 11_05 doc preseli',,"tk r~ be prer__:3i ( ',' ~~! ,',- ,.''::' 7. Insurance . S t3if l~, ~:~ \,. .~~ - '~-' arpri.:/ : ,"'_:, it- 8. Contracts' Staff h ::-, c; (':( - :r + r:' } :'1 C? (',~' I- Hote! r~~~:~:-.l;;)!~;,i !~ ! (. I ~/;- ;:~ 'E I..: City Commission !\cL'j, : 1. Heart of Bo;'r'~,-):" / \).- a. Re\/iev\:I.?!.'f E:-,;; ~ b. Preps c. COOiCI i "r { emifISI~: " Development: Approved p' (' I- .-; , ' ,~ " . - Postponed . ~.:, " f-' .,,,'[ . ':'_oi " \.-....-, availab Ic~ I .. " l ,. ~) . Resolution '--j ~. ,c", i , '" r r .'_J : r ~'- ,-, ',.' '-"I ..-..: r r -', I 1+ 'J ' " :..1 -, iI. , . .' d. e, f. COO:Cli'" :',:', Makt'; C'); l('~,t \. eiSCl.' 'O,'~ ML~<.. F : ',,':: D!scu:-,':, . . 'r, do m ...W1 Rev;2" : PreOcl:E Call \\, I ,.) .- ", ",'1 ....-1 / . "I' i-' " , ~' ~ (' g. , ' '~ , I h, I. k. f" Tewyc I. Prepa: c " ASSOCl,~ tf_J .._\ ';': ~- t". -. ,,_") 1~ m. lV1et v'/, r':, ,~: ::-. '~c,;' .- ,..... .,-";'_--'1 2, Affordablf.: He...: "J \' -, Server TIAGENDAS & MONTHL Y f'.f,r:: ;:e, a. Technical assistance meeting with 1000 Friends of Florida to fine tune Inclusionary Housing ordinance -Friday, Nov. 4, 2005. b. Single-family infill (VLB) i. Negotiating with Affordable Housing LLC to develop 8 sf homes in HOB west of Seacrest. ii. Planning for Model Block infill housing in HOB c. Attended Nationallnclusionary Zoning conference in Washington, DC. 3. 2030 Plan, Design Guidelines & LOR revisions (VLB): c. Software purchased to edit documents in-house. d. Documents to be edited Friday, November 11th. 4. Mangrove Purchase (VLB) a. Letter of Intent sent to Palm Beach Diocese. b. Diocese Real Estate committee to meet this month to discuss. 5. Two Georges & Sea Mist Purchase (VLB) a. Ken Spillias responding to counter offer from DSS (Two Georges) b. We are waiting for counter offer from Sea Mist. 6. Development Activity (VLB): a. Meeting wlTom Carney re: rezoning C-4 area at S.E. 2nd Street to M 1 b. Tom Carney re: Estancia at 3010 S. Federal c. Met w/Ken Zengage re: possible rezoning of carwash on BB Blvd. d. Reviewed and commented on Ocean Breeze site plan at Seacrest & 8th. e. Call w/Forrest Jones of Value Place re: potential sites for extended stay hotel. f. Call w/Sid Rosepuent re: Harbour Cay at N. Federal/Gateway g. Meeting w/Lauren Schmier of RAM Development re: Sunshine Square h. Attend pre-app w/Koby Cohen re: Banyan Townhomes (Yachtman's Plaza) I. Met w/J. Tomberg & Mike Bowden re: S. E. 4th/4th J. Meeting w/David Katz & Guy Poux of Park Central Development re: affordable housing sites k. Call w/Steve Homrich/INCA re: Banyan Townhomes I. Met w/Peter Goodell/Richard Ellis CBRE re: lawsuit Ocean One 9407 Server TIAGENDAS & MONTHLY REPORTS TO THE BOARD\Monthly Report to the Board 11_05 doc i'i (~.--:~' 1 i! Ii ,.' I ,-~ <::.~ ~) e I-:-~ t' =~ ~; :' rl -....J', .on r i '-. i-- '\ . , j".r"\ . Ie. ~:', :- c.~)Si~:! ;" ,/ r'l' :1 ',c /(:; J !:'f~ 'I' !....~.~:: T" \i'~: t..., t,', ::nl f"j . ~...J ~ C,':, J , ) '_", .) L\::) ':~ \ C~:.J~~'t.~11 L:j "I " f ", l::.:: 1; ~.::' -,.-, v :3 - ~ ,- ,~__ C," , ~ I .. ie',; I r 'tr ~il rc'c 'c:".' ,. (3:.."":' j ~ '\ t r- 'I :~ <:~1 (:' r ~ i' :~_.I r-'i I; :', '\, c. r,,!1' t< ..; r'~l I' - f '" -"" r ): ',j' C1 p -:i\ ._-;~ ," n F-t,-~ ;."~ \,Jc1 : '.(',-' " r' '-.."" ,~ c. ~);='aCi t :__-' ~ ~. ,-" '( .:"l_, \.--.. r. ,j C; r a ~-, t ':_;; LJ -=. T--~ I l.", " ~ ,}. C: ',- tro -~;': ~";o\/~r 1-~iU .:'l~ 1.:: ..0; ~. ; fJ;:;'1~'la;i /. (;,.3 y ...'J,:: cc tl)pJ.:~'tec: t 1- -, 1....: FI~.1-.p.ncc~ 3:.. C)!'" 0r::::':~(}r~.1: '1 ~ft: -~Jl>~; :: lr~; n-~ re';~n ~~i: :'"',3 ., '.: ~. c. ~"_, t i"i rC(,e -r';l f:, (' ::',/ . i C;. I IS \"~uri.E> lt~y ;nt(~r+cF..:.;r',,-J V,~'!'~:"l thrj \vc ,'~'. ~_. !=>; .. ' {:~: a f...!V::J (2 .; ~ j.~'<~€ ,.,/ r ="~~ ! (". r' fn\:~c:"'in~~ /\'.:(.t t: Tt-'e file ~'~ce' st f'" r ~ S :.~ -' (} I ;"! ~ r \' .. T ,~.... ,~~ ',~C~ 1:3 (iT :c: I, I C:, " (~ :::- ~; ;.-) t::".:I i~l(; ~~'i.':~ ~ "(..' r J:~.'''':\C::~~.~Ij;c'(I'' 3r\ "'_~f '" ' ~ . -.. ~ , "' ,~, . li~.,;;' c<! p:-'~c,___;r';liC~: : ( ~~ ~',~ \, ...'), r <::"lv ,:!J:~ S L~ ~".;; r, :'..: S ::: ;";-'lft,' ,?~' ,."~'< l:"~ t',i ('"..; ,- '::--l., ^ r'-:j; f~' I r~-"-i \ ~< (~, C':; ^- IS u:: z-',r J .j!~'!q ,g f'~i" ~)! ,'iC~(~ -) y t?; ::.- ..... I __ .1.-: '/',/:, i 1 1.... _~ <-" :"-:' ~..:~) ~"; ~~~f ;-- 1 ":) 'w ;' 0:-'::; '_ ,.: '1 -::, '1 i-' ~,i_,; r .--. (~ \.< ~ (~ c: \,i ~~' (" :) ( ': it. r '_' 1 1,~ .~ (.j; Ci:: '-_ , . .- I , ," I li i I....: "--j I 'v.:;nCCii i!;3t f.'fn i~. r"4c'// uFt_t.. t.:..:~r'~'f'~ ll..:~ =:,~~.r--\/~~,:r r!, ;-' ,n fl.'; if';' c~.~.; \~-: ~,n.__reJ c;:"r,-:'~ +iI2S" ',1" i--(:_:;l\~~e "-' ~ v l_.' '?'j <,:p\"' ',,,:"~ t' I'J t.] :~",;1 \-' t~. ~- ,- , " \'\" t---' l,:'~ , t. U~.) S \-~. ' ::J! -_~' r"<.; :1-;;2: C c' _il -;C '...d ,.- , , , i3 r;-='>f~~CI"i:;::: ~:; f r ~~ e j.~1.t3 z~ p'''.l();' prC:_'..:." 'r,:: l\(c::'--. ": ,':', l", ',\ "' 1"\, ~,]Lf ._l i ,>; ~!",~. 2.Ct \'v:;, L::--:' ~ '.0('20 Cif ::1",- L ;.. , "-,,,.... :..< ,: 5" -;"'.3X3t-;'::D :t ~ \} f ~:~ 2. ~ ';. n t.. '.:; "j ~ I '(" ~. ~'.. n i ~ \ t. 'J..# ; C \\: (1 i'l j r'~ i '_ .~ ' .~: <:~ (-, [. S L-. 1 i ',' ~\ 1- ~. r' ~:,"] r " ;hf~ ~',,--';----,i ending September 20, 2016. The total savings in interest due to the reduction in the interest rate amounts to $ 184,217.92 over the remaining years of the loan. (RR) 6. Workshops and Conferences:. Attended Florida Redevelopment Association Conference. (RR) Marketing & Communications: (MAA) Event Planning 1. Pirates of the Intracoastal season kick-off event rescheduled for 2006, due to Hurricane Wilma. 2. Annual State of the CRA rescheduled for Spring of 2006. 3. Finalizing Holiday Concert with musical headliner Copeland Davis December 3, located in front of the Old High School. Emphasis on presenting a quality community event that will appeal to all ages and ethnic groups, while setting the ground work so residents will want to come downtown. 4. Securing location for CRA Holiday Party, scheduled for early December. Exact date TBD. Marketing 1. Working with Jack of Arts, Inc. on updating CRA Website and links (ongoing). 2. Liaison with Kidd Group, Inc. on Trolley advertising and signage (ongoing). Media 1. Coordinated Lisa Bright's appearance on WPEC Channel 12 South Florida Business Report discussing current Boynton Beach CRA projects. 2. Coordinated Lisa Bright's appearance on WXEL "Talk About Mortgages" with Susan and Anthony Cutaia. Workshops and Conferences 1. International Downtown Association 2. Florida Redevelopment Association Conference 3. VISIT FLORIDA Downtown s & Small Towns Forum 9409 Server TIAGENDAS & MONTHLY REPORTS TO THE BOARD\Monthly Report to the Board 11_05.doc '\'~ . ~ I", ,",' ...." , /<.' !. L t; 1.-1 ,~ I '" /\iiy p::tSOll \l'hc \.L~c;d.:s to ~~rrc=:l any dccisiClIl (\f th.: Ccniillunii.Y RedC'\cl...1pn:el1t Beard \vi!h respcc! 10 an:,' 111l1Hl..'r C',_lllsi\.ll,T'!?U at d:h nlce:ill~~ \','111 '~cLd a rcc:ord of' Ill,? .; :ind fJI such pUlpI,Y)(' ITIa.y nCe'!..l tu en~:urc lha! a \t:r~~\J!1:n .'t.>..-_-()]t~ crtht" pr\-\._'~'t'Jlr~gs is ln~i:...;e~ \vhicil r\.~\:"ord include:) (he tC~lt1;:i\~:i: dnc: t\'ide:~ce upon \\)-;ich the ~~:- tll be' bJseJ, 'fhe Crt" ~~1.'.;'1 r~.];"ni')h z;ip~"rorrj:lte ;l_u\i/;'l!')' ai'.is (1nd S:,':-V;CC-':- \\j-~'.::re necessary u': a~TcP'd a:i tr:Ji\i\.;~.J;tl \\;r;; J di~2bi!i1> a:l cc.;u<t! cT1PC'-'lUIl fC"1 r:.:'nic;p:i:C in ('ulci :':11.10)' t11<';' t'l'ih:(;r';: i..'.f ;-1 :-.-,,::"''':e:-:? ~-,rcgLtl;L cr aCTivit:- CGndl!C~I~)d L~\' rh~ (Rl\. i)i :~'2Sc !-l)j:\."!;:!';~,~~l ~lt ~,fJl.7~7-_;,.?~() .::t ICd"~;t. t\\l'f1l.)-!; Li!' r~;'l;_:r':.' il~!or tl) the pro:;,:'a;l 0;" dCil\ ii'i \"l]dLT Lli' the C';:.:.\ Zll. ":C;;llCl(y,LHc \ (\UJ" rcqt!c:-.t. 10 XfH. O''--h'"'' "" I~n'''''''-' I , "-,, T ... ~ , ' ..... (.. ,....,i1 ~~w.\.ali...Jf ,'\ny' p:.:-'r~:ul1 \\1:0 l'>~:C;,j(,5 L) (1;~T'\C~11 ~tn:/ dccis;',_-,ll (If the: (.\-J:>i:i:~.in;:\ r~Cdl'\'~jcrrTl('nf BO~;.r",j \\il!! "~.>~.)I':'-'C~ :-c~ ;;!j~\' n1:1:hT (,',~:1>~id(';-:',~ ~lt ~hj~ n~;:l.tin.~ \\ ;]; r~-:e..-! ;1 Il"c\lrd of tl~e r:n'c:-'(:'t1 ,Jf1,,1 f;lr Yk!1 ;)'i1-;~'CI~,e !~-i~i: n('~'d !f': L':l.:'.L~;-~' ~~ ,..' \.~r!xHlrn r'~;":Jrd ofdh: rrt)Cl'("'"-~ is Jj:l~jC, \\h;ch rccorJ inc)u;jts ti-,'~' h;:-~.i:iL.l::.' an;..~ c\..id.....'fICl.' tipCdl \\i1icl: l~h': ,If\ic~d .::-:-l',-' Lt...' r,l(;i..~C. '1he C!~l\ ~~t;?:ll Cd:::ish :.lPr1!\'1l1';afC (np.~i!::H'Y (lidS 3!ld ".::1'\ :C'cs \''':~~~~C rv>..:es:,:u",' t(~ ~l~f();d ~!~l ifjd:\;:d~l~d \virh ~. d;:<t~...~1it\, ;:P1 L'~~~ldl tel r;l:'licip:-tL.~ in ar;j c-n.Jc)) t!ie be~l('fj!.s ur (; ~l":'\';('I.'. ;)rc,;r~:n:. (lr a....:1J\'il\ c....:!j(1ilCF:d P'!C (~..,'\. f-;1ca~~~e Cd;'!(~Cl i)('u~i(1" i h.:t('h::-;sun ?l 50 1-7~7-31~<) at ]fJst t\\t.'nt:, -fOUl h:-.~u:':,> r'; ;()r lO ~h,:' prug;-aiTi or aCrl\ it\ in 01\;(:1' LJI' t~~t: C!\./\ tl..\ :'\-'::'~:(~;;l;J;l\' ~~-:"C(\:l'd-r;o:idlC ) ~)ur f:2q'J::St. )G'I. Future .l\gend.3 Iterns ft,. Workshop Mectir:gs to be held on the follo\lving dates: 1. Ibl~rsd.?~.'-:.J:J:~vernp.;,?r 17.~1l2.!~)() p.r:l=-JIJJDJ .. 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OL.';' re,~_:~j(:~t. XVI. A.djournment. A..ny rL-.'r':'O~l \\ t:'J d~';:iJ~~'" leI :jnr-<'~il ::In: d',?(l~j()n of the C(~~J~n~LJ;li1\ F('dc\elur'rncnt Bc:::trd \\.;1:1 r'~':;;)Cl...t te) a;~y !1~arti:'r c'.)n~:d("'~:'d ~~t [hi.) j'l,l',-'; \\ ill 11'..'Lli a 1'C'conJ ()f {t"j:': prck'l'l..~ci :lrld fiJl .~uch I~ 1!r~llSC 1'1;:':, ncC'ci ~_O C!1:',U!"~ d~(.~t (! "..'ed~,ltiLl rc(cr..j \_~rlJ;..: ;:,rrJ(.....'c,!i:,~~s i>, nl::\.l~,. \J..'hich ;'cco:<d includes the tl'stirn;::n:". and L'\.';i...~(,J1(c.' upon \\hich :he :iP~'l';L: ~j ~\; hl: baled. The Cr/.;\ ~:h~:il f',lr:1;c..h ;i.ri :-c.'p:;ti.te a:i\!;;;,tr:' aids ana ser\ ices \\h,::t"c l1t'cc~~a:~,' t() nlTdfll :lTl ind \"il!u~.l \', ith a di-..,:~tl]it~\ ::1n CPpCll-~'ln -:/' ;-.~_;;.ti(ir~_tt'~ i~~ ~tlld cnjiJ} the b...'!1t-firs 0" a pn)~~:~'ar:;. (';- ~!C~j\.!1y c\J!.h~!uc'(~d Ih~~ C'!:,,\. PkJ~:t: !;;') ,1?~i1_c;,i;~~:';(Jn ~~t ~-:-~61_!'37<.'.256 ,1t jea.sll\\cniy-f~,',u!' h;:-,;ur-.; pr;o;' to !.!-~(' pr(_:'~r:trn ur ~1(~i\-it\. in \..:n:c;- for ihc C~:-<~.'\ h ~:(::._,-:~-i~n'J':_;.,:il' :\ t'~lr request. COMMUNITY REDEVELOPMENT AGENCY - ROLL CALL VOTES /1/~)5 YES NO YES NO YES NO Jim Barretta Alexander DeMarco Marie Horenburger Henderson Tillman Steve M ott Chair Heavilin Don Fenton YES NO YES NO YES NO Vice Chair Tillman Henderson Tillman Marie Horenburger Jim Barretta Alexander DeMarco Steve M ott Don Fenton Chair Heavilin Alexander DeMarco Marie Horenburger Don Fenton Steve M ott Jim Barretta Henderson Tillman Chair Heavilin Henderson Tillma n Marie Horenburger Don Fenton Steve M ott Jim Barretta Alexander DeMarco s:\cc\wp\minutes\cra\roll call sheets.doc YES NO YES NO YES NO YES NO