HomeMy WebLinkAbout2008-04-10 CRA Board Regular Meeting Agenda-Addendum ADDENDUM
COMMUNITY REDEVELOPMENT AGENCY
REGULAR MEETING
THURSDAY, APRIL 10, 2008 - 6:00 P.M.
ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE WITH REGARD TO ANY MATTER CONSIDERED AT THIS
MEETING OR HEARING 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.
LOBBYIST REGISTRATION REQUIRED-REGISTRATION AS A LOBBYIST IN THE CITY OF DANIA BEACH IS REQUIRED IF ANY
PERSON,FIRM OR CORPORATION IS BEING PAID TO LOBBY THE COMMISSION ON ANY PETITION OR ISSUE PURSUANT TO
ORDINANCE NO. 01.93. REGISTRATION FORMS ARE AVAILABLE IN THE CITY CLERK'S OFFICE IN THE ADMINISTRATION
CENTER.
IN ACCORDANCE WITH THE AMERICANS WITH DISABILITIES ACT, PERSONS NEEDING ASSISTANCE TO PARTICIPATE IN
ANY OF THESE PROCEEDINGS SHOULD CONTACT THE CITY CLERK'S OFFICE, 100 W. DANIA BEACH BOULEVARD,DANIA
BEACH,FL 33004,(954)924-6800 EXT.3624,AT LEAST 48 HOURS PRIOR TO THE MEETING.
IN CONSIDERATION OF OTHERS,WE ASK THAT YOU:
A. PLEASE TURN CELL PHONES OFF,OR PLACE ON VIBRATE. IF YOU MUST MAKE A CALL,PLEASE STEP OUT INTO
THE ATRIUM,IN ORDER NOT TO INTERRUPT THE MEETING.
B. IF YOU MUST SPEAK TO SOMEONE IN THE AUDIENCE,PLEASE SPEAK SOFTLY OR GO OUT INTO THE ATRIUM, IN
ORDER NOT TO INTERRUPT THE MEETING.
Addendum
10. Travel Request
Request of Jeremy Earle, CRA Director, to attend the American Planning Association Annual
Conference and Training in Las Vegas, NV, from April 24, 2008 —May 2, 2008 (Estimated cost
$2,455.50)
AGENDA
COMMUNITY REDEVELOPMENT AGENCY
REGULAR MEETING
RE-SCHEDULED - THURSDAY, APRIL 109 2008— 6:00 P.M.
ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE WITH REGARD TO ANY MATTER CONSIDERED AT THIS
MEETING OR HEARING 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.
LOBBYIST REGISTRATION REQUIRED-REGISTRATION AS A LOBBYIST IN THE CITY OF DANIA BEACH IS REQUIRED IF ANY
PERSON,FIRM OR CORPORATION IS BEING PAID TO LOBBY THE COMMISSION ON ANY PETITION OR ISSUE PURSUANT TO
ORDINANCE NO. 01-93. REGISTRATION FORMS ARE AVAILABLE IN THE CITY CLERK'S OFFICE IN THE ADMINISTRATION
CENTER.
IN ACCORDANCE WITH THE AMERICANS WITH DISABILITIES ACT, PERSONS NEEDING ASSISTANCE TO PARTICIPATE IN
ANY OF THESE PROCEEDINGS SHOULD CONTACT THE CITY CLERK'S OFFICE, 100 W. DANIA BEACH BOULEVARD, DANIA
BEACH,FL 33004,(954)924-6800 EXT.3624,AT LEAST 48 HOURS PRIOR TO THE MEETING.
IN CONSIDERATION OF OTHERS,WE ASK THAT YOU:
A. PLEASE TURN CELL PHONES OFF,OR PLACE ON VIBRATE. IF YOU MUST MAKE A CALL,PLEASE STEP OUT INTO
THE ATRIUM,IN ORDER NOT TO INTERRUPT THE MEETING.
B. IF YOU MUST SPEAK TO SOMEONE IN THE AUDIENCE,PLEASE SPEAK SOFTLY OR GO OUT INTO THE ATRIUM,IN
ORDER NOT TO INTERRUPT THE MEETING.
1. Call to Order/Roll Call
2. Approval of Minutes of March 6, 2008
3. CRA Panel of Experts(Presentation)
4. CRA Redevelopment Plan Modification (Discussion)
5. Theme for Parcel 109 (Discussion)
6. Proposed CRA Budget (Information only)
7. Memo Regarding CRA Focus (Information)
8. San Souci Development (Presentation)
9. Chamber of Commerce (Presentation)
10. Adjournment
AGENDA
COMMUNITY REDEVELOPMENT AGENCY
REGULAR MEETING
WEDNESDAY, APRIL 2, 2008 - 6:00 P.M.
ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE WITH REGARD TO ANY MATTER CONSIDERED AT THIS
MEETING OR HEARING WILL NERD 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.
LOBBYIST REGISTRATION REQUIRED-REGISTRATION AS A LOBBYIST IN THE CITY OF DANIA BEACH IS REQUIRED IF ANY
PERSON,FIRM OR CORPORATION IS BEING PAID TO LOBBY THE COMMISSION ON ANY PETITION OR ISSUE PURSUANT"FO
ORDINANCE NO. 01-93. REGISTRATION FORMS ARE AVAILABLE IN THE CITY CLERK'S OFFICE IN THE ADMINISTRATION
CENTER.
IN ACCORDANCE WITH THE AMERICANS WITH DISABILITIES ACT, PERSONS NEEDING ASSISTANCE TO PAR"FICIPATE IN
ANY OF THESE PROCEEDINGS SHOULD CONTACT THE C'I"FY CLERK'S OFFICE, 100 W. DANIA BEACH BOULEVARD, DANIA
BEACH,FL 33004,(954)924-6800 EXT.3624,AT LEAST 48 HOURS PRIOR TO THE MEETING.
IN CONSIDERATION OI'OTHERS,WE ASK THAT YOU'
A. PLEASE TURN CELL PHONES OFF,OR PLACE ON VIBRATE. IF YOU MUST MAKE A CALL, PLEASE S179'OUT INTO
THE ATRIUM,IN ORDER NO"F TO FNTERRUPT THE MEETING.
B. IF YOU MUST SPEAK'FO SOMEONE IN THE AUDIENCE,PLEASE SPEAK SOFTLY OR GO OUT INTO THE ATRIUM, IN
ORDER NOT TO INTERRUPT'THE MEETING.
1. Call to Order/Roll Call
2. Approval of Minutes of March 6, 2008
3. CRA Panel of Experts (Presentation)
• Sam Goren — Goren, Cherof, Doody & Ezrol, P.A.
• David Tolces— Goren, Cherof, Doody & Ezrol, P.A.
• Jim Carras—Development Finance Counsel
• Michael Cannon— Integra Realty Resources
4. CRA Redevelopment Plan (Discussion)
5. Theme for Parcel 109 (Discussion)
6. Proposed CRA Budget(Information only)
7. Memo Regarding CRA Focus (Information)
8. San Souci Development (Presentation)
9. Adjournment
i�
MINUTES OF REGULAR MEETING
CITY OF DANIA BEACH
COMMUNITY REDEVELOPMENT AGENCY
THURSDAY, MARCH 6, 2008 - 6:00 P.M.
1. Call to Order
Chairman Anton called the meeting to order at 6:00 p.m.
Present:
Chairman: Bob Anton
Vice-Chairman: Albert Jones
Commissioners: John Bertino
Anne Castro
Patricia Flury
City Manager: Ivan Pato
City Attorney: Thomas Ansbro
Deputy City Clerk: Miriam Nasser
CRA Consultant: William Salim
2. Approval of Minutes of February 6, 2008 and February 12, 2008
Commissioner Castro motioned to approve the Minutes of February 6, 2008 and February
12, 2008; seconded by Vice Mayor Jones. The motion carried on the following 5-0 Roll Call
vote:
Commissioner Bertino Yes Vice-Chairman Jones Yes
Commissioner Castro Yes Chairman Anton Yes
Commissioner Flury Yes
3. Charter School Property Solutions Update—Cyndi Dotson
Cynthia Dotson, National Project Director, Charter School Property Solutions, noted they hope
they will be able to address the Board's concerns and get the final approval to move forward
with this project. She introduced Greg Kyle, Kimley-Horn and Associates, Traffic Engineer,
Charles Michelson, Saltz, Michelson and Associates, Architect for the project, Bill Wallick,
Project Manager and Gwendolyn Purcell, Florida Intercultural Academy Director. Ms. Dotson
further recognized a large group of parents and their children who currently attend the Charter
School, who came to show their support for the project.
Greg Kyle, Kimley-Horn and Associates, presented a PowerPoint which is attached to and
incorporated into these minutes. He noted that after several meetings with Broward County and
the State, they found some solutions to address some of the issues previously discussed, such as
students crossing US1 (Federal Highway); a traffic plan to reduce impacts on the community;
and considering another location for the school. Mr. Kyle indicated that some of the school staff
would become State Certified Crossing Guards and assigned to potential locations where
students would be crossing. The school would provide bus service for students residing west of
US 1 and other locations. He advised that Broward County has strongly recommended that the
school develop a Safe Route to School Plan in conjunction with the County Traffic Engineering
Division. In order to implement this Plan, they took an inventory of traffic control devices such
as stop signs and traffic signals with pedestrian features. Mr. Kyle indicated that another option
would be to include School Speed Zones along US 1 and SE 2"d Avenue.
Commissioner Castro asked where the proposed raised crosswalks would be located, and
confirmed with Mr. Kyle that a School Crossing Guard would be stationed at those locations.
Chairman Anton clarified with Mr. Kyle that the raised crosswalks would be installed by the
school once they get permission from the Broward County Public Works Department, Traffic
Engineering Division. He confirmed with Mr. Kyle that there would not be a School Zone signal
on Federal Highway because there is no street crossing at that location.
Mr. Kyle noted that some of the Broward County Traffic Engineering Division recommendations
include:
• Installation of School Speed Zone signals, with flashers, on SE 5`h Street and SE 4`h
Terrace
• Separate parent and bus loops on-site to enhance safety and minimize obstruction of
traffic
• Turn restriction at exit of parent loop to force traffic away from residential neighborhood
• Right turns only onto Federal Highway during school traffic hours to reduce delay
• Designated walk routes from the west side of Federal Highway
Commissioner Bertino confirmed with Mr. Kyle that the ultimate number of students to be
enrolled would be 500, with an initial enrollment of 200.
Charles Michelson, Saltz, Michelson and Associates, Architect, spoke about the site plan and the
architecture of the building which was previously occupied by the Graves Museum. He
described the traffic circulation and noted that parents would drop off and pick up the children in
the back of the property, allowing the side streets to be cleared. Mr. Michelson indicated that the
back area remains closed during the day and becomes the students' play area. They would also
take advantage of the existing parking lot for use by staff, parents and visitors. He pointed out
that Charter Schools have flexible hours as opposed to regular public schools. Mr. Michelson
confirmed for Commissioner Castro that they want to construct a strong building, with a new
contemporary fagade, and they will add impact-resistant windows to provide natural light into
the classrooms.
Commissioner Flury thought it was an unattractive building, and asked them to look at different
colors for the building.
Minutes of Regular Meeting 2
City of Dania Beach Community Redevelopment Agency
Thursday,March 6,2008—6:00 p.m.
Vice-Mayor Jones questioned if there would be a BSO Deputy directing traffic at peak hours.
Mr. Kyle advised that if they have traffic issues, they will have the ability to bring a BSO Deputy
to the site.
Chairman Anton noted we already have traffic issues on SE 2nd Avenue with people by-passing
Federal Highway.
Mr. Kyle indicated the intersection at SE 7`h Avenue, which has a traffic light, would facilitate
the traffic flow. He further noted that the State agreed to allow a Police Officer to assist with
traffic at peak hours, if necessary.
Commissioner Bertino confirmed with Mr. Kyle that they would be able to accommodate 20-25
cars in the stagger area.
Chairman Anton asked if Charter School Solutions would purchase the property and if they
would fall under the Tax Exempt category.
Ms. Dotson advised that Charter School Solutions would be the initial owner. She pointed out
that Florida Intercultural Academy would qualify for financing in approximately 12-18 months
and would then be able to purchase the property. Ms. Dotson responded for Chairman Anton
that they would like to consider a pilot program for tax exemption, since they would be working
for the community. She further indicated that at the suggestion of the CRA Board they
conducted an extensive market survey in Broward County to consider another location for the
school, but no other locations met their criteria, or they were too expensive. Ms. Dotson noted
Dania Beach does not have a charter school and this project would be beneficial to the
community. She indicated the establishment of a charter school would increase the local
business revenue and by working in partnership with the Chamber of Commerce, they would
promote economic stimulation. She noted they have spent time and money to make this project
become a reality. Ms. Dotson asked the CRA Board for their support and favorable
consideration to their request.
Commissioner Castro clarified with Ms. Dotson that once they become a "small community
environment school' they will be able to apply for funding. She further asked if they had a
"unique learning program" for students.
Gwendolyn Purcell, Florida Intercultural Academy Director, advised that although they have not
been graded, the fact that they work with a small group of children makes them produce excelled
students.
Commissioner Bertino confirmed with Ms. Purcell that they are a public school.
Commissioner Flury noted that although traffic has been her greatest concern with this project,
she realizes they have made great efforts to respond to our concerns. She pointed out that there
Minutes of Regular Meeting 3
City of Dania Beach Community Redevelopment Agency
Thursday,March 6, 2008—6:00 p.m.
must be something special about this type of school because it is unusual to see so many parents
support a project. Commissioner Flury said she would support the request.
Commissioner Castro indicated she would support the project, with the condition that they
include the economic stimulation program for businesses, the pilot program, and the BSO
Deputy. She reiterated that they need someone to stop traffic when children are in and out of
school.
Commissioner Bertino noted that tonight we are only giving approval for them to submit their
project to the City Commission for consideration. At that point, the residents in the area will
have the opportunity to come and give their input. He indicated that we already have three
schools in the vicinity and another one would definitely increase traffic and put the safety of our
children at risk. Commissioner Bertino stated he would support the project provided we let the
residents in that area express their concerns.
Vice-Mayor Jones was concerned about traffic in the neighborhood. He will support the request
because of their efforts to bring this project to fruition. Vice-Mayor Jones pointed out that the
next step would be to hear the comments of the neighbors in that area.
Chairman Anton agreed with Commissioner Flury regarding the number of parents attending this
meeting. He further noted that one BSO Deputy would not be enough coverage at peak hours.
Chairman Anton pointed out that parents will not be able to pay the high costs of Police Officers.
He would love to see this type of school in Dania Beach, but we are responsible for the safety of
the people. Chairman Anton stated he would support the request to come back to the
Commission for consideration, however, he foresees negative comments from the residents
living in the area because they already have traffic problems. He said he could not give any
assurances that the project would be approved after the required public hearings.
Ms. Dotson advised the initial number of students to be enrolled would be 250, and would
gradually increase depending on how the traffic situation is controlled.
Chairman Anton recommended they meet with BSO Chief Peterson for suggestions regarding
available Police details.
Attorney William Salim left the meeting at 6:53 p.m.
4. CRA Director Employment Agreement
City Attorney Ansbro advised that Mary McDonald, Human Resources/Risk Management
Director, and Jeremy Earle negotiated an employment agreement. He noted he reviewed the
contract, made minor changes, and the final document is now ready for execution.
Commissioner Flury motioned to approve the CRA Director Employment Agreement;
seconded by Commissioner Castro.
Minutes of Regular Meeting 4
City of Dania Beach Community Redevelopment Agency
Thursday, March 6,2008—6:00 p.m.
Jeremy Earle agreed with the final contract. He noted that he would like to have feedback from
each member of the CRA Board in order to learn their priorities. Mr. Earle further confirmed for
Commissioner Bertino that he will need to have a budget, as well as some clerical assistance.
The motion carried on the following 5-0 Roll Call vote:
Commissioner Bertino Yes Vice-Chairman Jones Yes
Commissioner Castro Yes Chairman Anton Yes
Commissioner Flury Yes
Addenda
5. Discussion on retaining a lobbyist for redevelopment and other City-wide issues— Vice-
Mayor Jones
Vice-Mayor Jones thought it was important to hold a discussion on retaining a Lobbyist. He
indicated there are several things currently affecting the City, particularly Boyd Gaming not
moving forward with their project. Vice-Mayor Jones also noted that we have had positive
things happening in our City, such as: the Library project, with the County's commitment to
provide financial assistance; the City Hall addition; the Solar Lighting project; the 50150
Sidewalk Program; and the construction of the SW Community Center. He stated we need to be
proactive so we will continue to get good results. Vice-Mayor Jones advised he and City
Manager Palo met with Representatives Evan Jenne and Ellyn Bogdanoff and they are willing to
support whatever issues the City may have. He commented he will be in Tallahassee next week
and will meet with legislators in order to gain support for our requests. However, he thought we
needed to open our minds and understand the necessity of good representation in Tallahassee.
Vice-Mayor Jones suggested retaining the services of Carole Duncanson, who has experience
and good contacts, and who would fight for our cause. He noted we have the money in the
budget and even though we may not be fortunate this time, some of the issues can be kept alive
for future opportunities. Vice-Mayor Jones asked to hear comments from the other Board
members.
Commissioner Castro noted she would support moving forward with retaining the services of a
Lobbyist to represent the City in Tallahassee, provided it is for a limited time, or on a trial basis,
until we see some results of her efforts.
Commissioner Flury agreed with Commissioner Castro regarding engaging a Lobbyist on a trial
basis, and said she would not agree to a 2-3 year contract, unless we develop a legislative
agenda. She stated we need a Lobbyist to help us implement and get approval for our own
legislative agenda.
Commissioner Bertino noted the City is moving forward with a lot of good projects, some of
which we hope to complete. However, the people voted for an additional Homestead
Exemption; the value of homes will probably decrease 5-8%, as well as the ad valorem taxation;
and finances will become tighter. He did not oppose hiring someone on a trial basis but thought
Minutes of Regular Meeting 5
City of Dania Beach Community Redevelopment Agency
Thursday, March 6, 200S—6:00 p.m.
we should first create a legislative agenda. Commissioner Bertino pointed out that the proposed
Lobbyist would definitely have to be a Republican so he/she can easily approach legislators in
Tallahassee.
Chairman Anton agreed with Commissioner Castro regarding working with someone on a trial
period, with payments made on a case by case basis. He did not want a long-term contract at this
time. Chairman Anton noted that some of our pending issues include the Federal Highway
Corridor and the Solar Lighting Program. He did not think any lobbyist would get us any
money, although we might get some good contacts for the future. Chairman Anton thought we
could hire Ms. Duncanson on a trial basis and ask her to pursue our pending matters in
Tallahassee.
Vice-Mayor Jones questioned if there was consensus of the Board to hire Ms. Duncanson on a
trial basis.
Chairman Anton noted that it would be a good start if Ms. Duncanson could get FDOT to move
forward with the trafficways reduction application through the Planning Council by April.
It was the consensus of the Board to direct City Manager Pato to start negotiations with Ms.
Duncanson.
Commissioner Castro asked for an update on the Library project and where we stand with the
preparation of the agreement with Broward County.
City Attorney Ansbro advised he is currently modifying the Interlocal Agreement from Coral
Springs provided by the County Attorney's Office. He hopes to send the revised version to the
County early next week.
Commissioner Castro advised that Clare Vickery was appointed to the Enterprise Zone Board for
a four-year term, as the City of Fort Lauderdale representative. Ms. Vickery suggested holding a
Joint Workshop with the Chamber of Commerce regarding the assessed value of commercial real
estate, and invite Broward County Property Appraiser Lori Parrish to attend the meeting.
Commissioner Castro suggested a Workshop on the 109 Park Property to determine our next step
on this project.
Chairman Anton advised that a contract with Mr. Kushnir was signed last night and copies have
been distributed, and the original was sent to Attorney Tim Ryan's office. Chairman Anton said
that we hope to close before March 31, 2008.
Commissioner Castro noted that Katherine Sajdak of Ravenswood Estates reported a flooding at
22°d Terrace. She would like to know if there are any valves the City could turn or some other
way to make the water drain faster.
Chairman Anton noted that we have serious flooding issues in Melaleuca Gardens which need
attention. He said he showed pictures to Director Orlando, Leo Williams, and City Manager
Minutes of Regular Meeting 6
City of Dania Beach Community Redevelopment Agency
Thursday, March 6,2008—6:00 p.m.
Palo. Chairman Anton asked the Board to support Director Orlando and his staff so the
necessary steps to correct this situation could be taken.
6. Adiournment
Chairman Anton adjourned the meeting at 7:25 p.m.
ATTEST: COMMUNITY REDEVELOPMENT
AGENCY
LOUISE STILSON, CMC BOB ANTON
CITY CLERK CHAIRMAN—CRA
Minutes of Regular Meeting 7
City of Dania Beach Community Redevelopment Agency
Thursday, March 6,2008—6:00 p.m.
COMMUNITY REDEVELOPMENT AGENCY BASICS
THE LAW — CHAPTER 163 REQUIREMENTS
Presented by
SAMUEL S. GOREN, ESQ.
DAVID N. TOLCES, ESQ.
Goren, Cherof, Doody&Ezrol, P.A.
3099 E. Commercial Blvd., #200
Fort Lauderdale, Florida
Telephone No. (954) 771-4500
Facsimile No. (954) 771-4923
sgoren(a)citvatty corn
dtolces(&citvatty com
Originally adopted in 1969, Part III of Chapter 163, Florida Statutes, ("Part IIF') otherwise (mown as the
Community Redevelopment Act of 1969, provides for the establishment, operation, and funding for a
Community Redevelopment Area and the associated Community Redevelopment Agency within the State
of Florida. As stated in Section 163.340(10), a Community Redevelopment Area is defined as a:
. . . slum area, a blighted area, or an area in which there is a shortage of housing that is
affordable to residents of low or moderate income, including the elderly, or a coastal and
tourist area that is deteriorating and economically distressed due to outdated building
density patterns, inadequate transportation and parking facilities, faulty lot layout or
inadequate street layout, or a combination thereof which the governing body designates
as appropriate for community redevelopment. For community redevelopment agencies
created after July 1, 2006, a community redevelopment area may not consist of more than
80 percent of municipality.
The terms "slum area" and "blighted area" are further defined in Sections 163.340 (7) and (8), Fla. Stat.
as:
(7) "Slum area" means an area having physical or economic conditions conducive to
disease, infant mortality, juvenile delinquency, poverty, or crime because there is a
predominance of buildings or improvements, whether residential or nonresidential, which
are impaired by reason of dilapidation, deterioration, age, or obsolescence, and exhibiting
one or more of the following factors:
(a) Inadequate provision for ventilation, light, air, sanitation, or open spaces;
(b) High density of population, compared to the population density of adjacent
areas within the county or municipality; and overcrowding, as indicated by
government-maintained statistics or other studies and the requirements of the
Florida Building Code; or
(c) The existence of conditions that endanger life or property by fire or other
causes.
(8) 'Blighted area" means an area in which there are a substantial number of
deteriorated, or deteriorating structures, in which conditions, as indicated by government-
1
maintained statistics or other studies, are leading to economic distress or endanger life or
property, and in which two or more of the following factors are present:
(a) Predominance of defective or inadequate street layout, parking facilities,
roadways, bridges, or public transportation facilities;
(b) Aggregate assessed values of real property in the area for ad valorem tax
purposes have failed to show any appreciable increase over the 5 years prior to
the finding of such conditions;
(c) Faulty lot layout in relation to size, adequacy, accessibility, or usefulness;
(d) Unsanitary or unsafe conditions;
(e) Deterioration of site or other improvements;
(f) Inadequate and outdated building density patterns;
(g) Falling lease rates per square foot of office, commercial, or industrial space
compared to the remainder of the county or municipality;
(h) Tax or special assessment delinquency exceeding the fair value of the land;
(i) Residential and commercial vacancy rates higher in the area than in the
remainder of the county or municipality;
0) Incidence of crime in the area higher than in the remainder of the county or
municipality;
(k) Fire and emergency medical service calls to the area proportionately higher
than in the remainder of the county or municipality;
(1) A greater number of violations of the Florida Building Code in the area than
the number of violations recorded in the remainder of the county or municipality;
(m) Diversity of ownership or defective or unusual conditions of title which
prevent the free alienability of land within the deteriorated or hazardous area; or
(n) Governmentally owned property with adverse environmental conditions
caused by a public or private entity.
However, the term "blighted area" also means any area in which at least one of the factors
identified in paragraphs (a) through (n) are present and all taxing authorities subject to s.
163.387(2)(a) agree, either by interlocal agreement or agreements with the agency or by
resolution, that the area is blighted. Such agreement or resolution shall only determine
that the area is blighted. For purposes of qualifying for the tax credits authorized in
chapter 220, "blighted area" means an area as defined in this subsection.
In the case of Panama City Beach Community Redevelopment Agency v State, 831 So.2d 662 (Fla.
2002), the Florida Supreme Court reversed the trial court's determination that undeveloped land cannot be
considered blighted under Chapter 163, Florida Statutes. In authorizing the validation of the bonds to
fund development in the community redevelopment area, the Supreme Court stated as follows:
The trial court's conclusion that undeveloped land can never qualify as blighted under
chapter 163 is erroneous, because section 163.360(8) clearly provides for the acquisition
and redevelopment of"open land." See§ 163.360(8), Fla. Stat. (2001) ("If the community
redevelopment area consists of an area of open land to be acquired by the county or
municipality • "). It is apparent that the trial court viewed the applicable statutory
provisions through a prism of "redevelopment" with somewhat more restrictive
parameters than those actually set forth by the Legislature. While one may very logically
reason, as did the trial court, that the concept of "redevelopment" should have a direct
nexus to that which has previously been "developed,"the controlling statutory provisions
are not so limited. Although the statutory scheme does, in part, contemplate action
directed toward prior development that has fallen into decay, the breadth of the statutory
scheme also specifically encompasses action that may be directed toward open land. The
2
definition of "blighted area" under section 163.340(8)(a) seems to contemplate some
form of building development in the area, as it describes: "An area in which there are a
substantial number of slum, deteriorated, or deteriorating structures and conditions that
lead to economic distress ......§ 163.340(8)(a), Fla. Stat. (2001) (emphasis supplied).
However, section 163.340(8)(b) is not so limiting, is separated*669 in the context of the
disjunctives "either" and "or," and is expansive without reference to the prior
development with structures as it provides a "blighted area" also means: "An area in
which there exists faulty or inadequate street layout; inadequate parking facilities; or
roadways, bridges, or public transportation facilities incapable of handling the volume of
traffic flow into or through the area, either at present or following proposed
construction."§ 163.340(8)(b),Fla. Stat. (2001).
Any doubt with regard to whether open or vacant land may be included within the area of
redevelopment is resolved by consideration of section 163.360(8) of the Florida Statutes,
which clearly contemplates the inclusion of such land and provides restrictions
concerning its acquisition. See§ 163.360(8), Fla. Stat. (2001) (providing separate and
differing requirements for the acquisition of land, depending upon the residential or
nonresidential use for which the property will be utilized).
Panama City Beach Community Redevelopment A eg_ncy, 831 So.2d at 668.
Within areas that have been properly designated as Community Redevelopment Areas, a properly
designated and duly authorized Community Redevelopment Agency is authorized to undertake
community redevelopment, which is defined in Section 163.340(9), Fla. Stat., as follows:
. . . undertakings, activities, or projects of a county, municipality, or community
redevelopment agency in a community redevelopment area for the elimination and
prevention of the development or spread of slums and blight, or for the reduction or
prevention of crime, or for the provision of affordable housing, whether for rent or for
sale, to residents of low or moderate income, including the elderly, and may include slum
clearance and redevelopment in a community redevelopment area or rehabilitation and
revitalization of coastal resort and tourist areas that are deteriorating and economically
distressed, or rehabilitation or conservation in a community redevelopment area, or any
combination or part thereof, in accordance with a community redevelopment plan and
may include the preparation of such a plan.
Within a "home rule charter county", including Broward County, Section 163.410, Fla. Stat. provides that
. . . the powers conferred by this part shall be exercised exclusively by the governing body of such
county." The governing body, however, may delegate the exercise of the powers of Part III within the
boundaries of a municipality to the governing body of the municipality. Only the specific powers
delegated pursuant to the county's resolution are delegated to the municipality. Those powers not
delegated pursuant to the resolution remain with the county. If a county receives a request from a
municipality to delegate such powers, the county has 120 days after receipt of all required documentation
to act on the municipality's request.
In Broward County, due to the existence of the home rule charter, and the County's authority to approve
the establishment of community redevelopment areas, the County Commission commenced a program to
enter into lnterlocal Cooperation Agreements with municipalities as part of its approval, or consent, to the
creation of a community redevelopment area. In 2003, the Broward County Commission approved an
Interlocal Cooperation Agreement with the City of Coral Springs which provided for the implementation
of the City of Coral Springs'Community Redevelopment Plan.
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Pursuant to the Interlocal Cooperation Agreement, the County would provide investment monies for a
maximum of twenty years in lieu of the community redevelopment agency seeking the county's share of
any tax increment financing, as well as the imposition of time limitations on the duration of the
community redevelopment plan financing. Additionally, pursuant to the Interlocal Cooperation
Agreement, the City, and its Community Redevelopment Agency is responsible for implementing and
conforming to the plan, obtaining bond financing to support the plan, and retains the authority to acquire
and dispose of property within the community redevelopment area. As provided in the Agreement, the
City will only need to obtain County approval in the event the boundaries of the community
redevelopment area are changed, the term of the redevelopment plan is extended, or a change to the
redevelopment plan results in a need for a land use plan amendment prior to the issuance of any bond or
other form of indebtedness pledging or obligating the tax increment revenue.
In "non-home rule charter counties", the powers conferred in Part III may not be exercised by the county
within any municipality unless the municipality's governing body consents by resolution. See, Section
163.415, Fla. Stat. The resolution shall specifically delineate those powers, which the municipality is
conferring to the county with respect to the exercise of powers under Part 1I1. Those powers not
specifically enumerated in the resolution shall be exercised exclusively by the municipality within its
boundaries.
In order to establish a community redevelopment agency within a municipality or county, the governing
body must comply with the provisions of Section 163.355, Fla. Stat., which requires the governing body
to adopt a resolution, ". . . supported by data and analysis, which makes a legislative finding that the
conditions in the area meet the criteria described in s. 163.340(7) or (8). " In addition, as provided in
Section 163.355, the resolution must state that:
(1) One or more slum or blighted areas, or one or more areas in which there is a shortage
of housing affordable to residents of low or moderate income, including the elderly, exist
in such county or municipality; and
(2) The rehabilitation, conservation, or redevelopment, or a combination thereof, of such
area or areas, including, if appropriate, the development of housing which residents of
low or moderate income, including the elderly, can afford, is necessary in the interest of
the public health, safety, morals, or welfare of the residents of such county or
municipality.
Upon the finding of necessity by the governing body, and a further finding that there is a need for a
community, redevelopment agency to function in the county or municipality to carry our the purposes of
the statutory provisions related to Community Redevelopment, any county or municipality may create a ".
. . public body corporate and politic to be known as a 'community redevelopment agency'." See, Section
163.356, Fla. Star.
Once the governing body adopts the necessary resolution declaring the need for a community
redevelopment agency, the governing body shall, by ordinance, appoint a board of commissioners of the
community redevelopment agency. The board of commissioners shall consist of not fewer than five or
more than nine commissioners. See, 163.356(2), Fla. Stat. If the governing body desires, it may appoint
itself as the community redevelopment agency pursuant to the procedures outlined in Section 163.357,
Fla. Star. The respective governing body may take such action through the adoption of a resolution.
Once the community redevelopment agency is established it may carry out the powers necessary or
convenient to effectuate the purposes and
provisions of Part III, exc
ept for the following powers, which
are delineated in Section 163.358, Fla. Stat.. Those powers retained by the municipality or county include
the following as provided in Section 163.358, Fla. Stat.:
4
(1) The power to determine an area to be a slum or blighted area, or combination
thereof; to designate such area as appropriate for community redevelopment; and to hold
any public hearings required with respect thereto.
(2) The power to grant final approval to community redevelopment plans and
modifications thereof.
(3) The power to authorize the issuance of revenue bonds as set forth in s. 163.385.
(4) The power to approve the acquisition, demolition, removal, or disposal of property as
provided in s. 163.370(4) and the power to assume the responsibility to bear loss as
provided in s. 163.370(4).
(5) The power to approve the development of community policing innovations.
(6) The power of eminent domain.
Following the establishment of the community redevelopment agency, the community redevelopment
agency must adopt a community redevelopment plan. See, 163.360, Fla. Star. The community
redevelopment plan must be consistent with the county or municipality's comprehensive plan, and provide
for redevelopment in the area designated as slum or blighted. In addition, the community redevelopment
plan must indicate land acquisitions, demolition and removal of structures, redevelopment, improvements,
and rehabilitation as may be proposed in the community redevelopment area. Furthermore, Section
163.362 provides for those matters, which must be included in the community redevelopment plan.
The funds which a Community Redevelopment Agency may use to perform the redevelopment activities
described in the Redevelopment Plan are generated through the Redevelopment Trust Fund. As described
in Section 163.387, Fla. Stat., once the goveming body of the county or municipality provides for the
funding of the redevelopment trust fund for the duration of the redevelopment plan, funds may be
deposited in the Redevelopment Trust Fund. Those funds are generated pursuant to Section 163.387(a),
Fla. Stat., as follows:
. . . The annual funding of the redevelopment trust fund shall be in an amount not less
than that increment in the income, proceeds, revenues, and funds of each taxing authority
derived from or held in connection with the undertaking and carrying out of community
redevelopment under this part. Such increment shall be determined annually and shall be
that amount equal to 95 percent of the difference between:
1. The amount of ad valorem taxes levied each year by each taxing
authority, exclusive of any amount from any debt service millage, on
taxable real property contained within the geographic boundaries of a
community redevelopment area; and
2. The amount of ad valorem taxes which would have been produced by
the rate upon which the tax is levied each year by or for each taxing
authority, exclusive of any debt service millage, upon the total of the
assessed value of the taxable real property in the community
redevelopment area as shown upon the most recent assessment roll used
in connection with the taxation of such property by each taxing authority
prior to the effective date of the ordinance providing for the funding of
the trust fund.
However, the governing body of any county as defined in s. 125.011(1) may, in the
ordinance providing for the funding of a trust fund established with respect to any
community redevelopment area created on or after July 1, 1994, determine that the
amount to be funded by each taxing authority annually shall be less than 95 percent of the
5
difference between subparagraphs 1. and 2., but in no event shall such amount be less
than 50 percent of such difference.
(b)1. For any governing body that has not authorized by June 5, 2006, a study to consider
whether a finding of necessity resolution pursuant to s. 163.355 should be adopted, has
not adopted a finding of necessity resolution pursuant to s. 163.355 by March 31, 2007,
has not adopted a community redevelopment plan by June 7, 2007, and was not
authorized to exercise community redevelopment powers pursuant to a delegation of
authority under s. 163.410 by a county that has adopted a home rule charter, the amount
of tax increment to be contributed by any taxing authority shall be limited as follows:
a. If a taxing authority imposes a millage rate that exceeds the millage
rate imposed by the governing body that created the trust fund, the
amount of tax increment to be contributed by the taxing authority
imposing the higher millage rate shall be calculated using the millage
rate imposed by the governing body that created the trust fund. Nothing
shall prohibit any taxing authority from voluntarily contributing a tax
increment at a higher rate for a period of time as specified by interlocal
agreement between the taxing authority and the community
redevelopment agency.
b. At any time more than 24 years after the fiscal year in which a taxing
authority made its first contribution to a redevelopment trust fund, by
resolution effective no sooner than the next fiscal year and adopted by
majority vote of the taxing authority's governing body at a public hearing
held not less than 30 or more than 45 days after written notice by
registered mail to the community redevelopment agency and published in
a newspaper of general circulation in the redevelopment area, the taxing
authority may limit the amount of increment contributed by the taxing
authority to the redevelopment trust fund to the amount of increment the
taxing authority was obligated to contribute to the redevelopment trust
fund in the fiscal year immediately preceding the adoption of such
resolution, plus any increase in the increment after the adoption of the
resolution computed using the taxable values of any area which is subject
to an area reinvestment agreement. As used in this subparagraph, the
term "area reinvestment agreement" means an agreement between the
community redevelopment agency and a private party, with or without
additional parties, which provides that the increment computed for a
specific area shall be reinvested in services or public or private projects,
or both, including debt service, supporting one or more projects
consistent with the community redevelopment plan that is identified in
the agreement to be constructed within that area. Any such reinvestment
agreement must specify the estimated total amount of public investment
necessary to provide the projects or services, or both, including any
applicable debt service. The contribution to the redevelopment trust fund
of the increase in the increment of any area that is subject to an area
reinvestment agreement following the passage of a resolution as
provided in this sub-subparagraph shall cease when the amount specified
in the area reinvestment agreement as necessary to provide the projects
or services, or both, including any applicable debt service, has been
invested.
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2. For any community redevelopment agency that was not created pursuant to a
delegation of authority under s. 163.410 by a county that has adopted a home rule charter
and that modifies its adopted community redevelopment plan after October 1, 2006, in a
manner that expands the boundaries of the redevelopment area, the amount of increment
to be contributed by any taxing authority with respect to the expanded area shall be
limited as set forth in sub-subparagraphs La. and b.
(2)(a) Except for the purpose of funding the trust fund pursuant to subsection (3), upon
the adoption of an ordinance providing for funding of the redevelopment trust fund as
provided in this section, each taxing authority shall, by January 1 of each year,
appropriate to the trust fund for so long as any indebtedness pledging increment revenues
to the payment thereof is outstanding (but not to exceed 30 years) a sum that is no less
than the increment as defined and determined in subsection (1) or paragraph (3)(b)
accruing to such taxing authority. If the community redevelopment plan is amended or
modified pursuant to s. 163.361(1), each such taxing authority shall make the annual
appropriation for a period not to exceed 30 years after the date the governing body
amends the plan but no later than 60 years after the fiscal year in which the plan was
initially approved or adopted. However, for any agency created on or after July 1, 2002,
each taxing authority shall make the annual appropriation for a period not to exceed 40
years after the fiscal year in which the initial community redevelopment plan is approved
or adopted.
(b) Any taxing authority that does not pay the increment revenues to the trust fund by
January 1 shall pay to the trust fund an amount equal to 5 percent of the amount of the
increment revenues and shall pay interest on the amount of the unpaid increment
revenues equal to 1 percent for each month the increment is outstanding, provided the
agency may waive such penalty payments in whole or in part.
Section 163.387, Fla. Stat. provides for a limitation of the pledge of tax increment financing for a term of
30 years after the community redevelopment agency amends the community redevelopment plan, and for
those community redevelopment agencies created after July 1, 2002, the annual pledge of tax increment
financing shall not exceed 40 years.
Despite the language in Section 163.387, there are some taxing authorities that are exempt from the
requirement of having to forward that portion of the tax increment revenue to the community
redevelopment agency. As provided in Section 163.387(2)(c), certain taxing authorities, including, but
not limited to certain special districts that levy ad valorem taxes in more than one county, library districts,
a metropolitan transportation authority, and a water management district.
The funds deposited in the redevelopment trust fund may be expended only in the redevelopment area
pursuant to the approved redevelopment plan in conformance with the requirements of Section
163.387(6), Fla. Stat., which includes the following:
(a) Administrative and overhead expenses necessary or incidental to the
implementation of a community redevelopment plan adopted by the agency.
(b) Expenses of redevelopment planning, surveys, and financial analysis, including
the reimbursement of the governing body or the community redevelopment
agency for such expenses incurred before the redevelopment plan was approved
and adopted.
(c) The acquisition of real property in the redevelopment area.
(d) The clearance and preparation of any redevelopment area for redevelopment and
relocation of site occupants as provided in s. 163.370.
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(e) The repayment of principal and interest or any redemption premium for loans,
advances, bonds, bond anticipation notes, and any other form of indebtedness.
(f) All expenses incidental to or connected with the issuance, sale, redemption,
retirement, or purchase of agency bonds, bond anticipation notes, or other form
of indebtedness, including funding of any reserve, redemption, or other fund or
account provided for in the ordinance or resolution authorizing such bonds,
notes, or other form of indebtedness.
(g) The development of affordable housing within the area.
(h) The development of community policing innovations.
With respect to the powers which may be exercised by a county or municipality within a community
redevelopment area, Section 163.370, Fla. Stat, provides a comprehensive list of powers including, but
not limited to, executing contracts, acquiring property, disposing of property, eminent domain,
construction of housing, invest funds, borrow money, apply for and accept grants, to rezone property, and
to appropriate funds as are necessary to carry out the purposes of the redevelopment plan.
SSG:DNT:dnt
H:\2001\010238\CRA Basics(FAU Seminar-2008).doc
8
COMMUNITY REDEVELOPMENT AGENCY
MID YEAR BUDGET FY 2008
APRIL 1ST- SEPTEMBER 31ST
Ftcap008d FY. ?rid.FY
#cttQr rit Q " 2E308 Bud t .-2, D --Bud et
1 Grant Writer $ 22,495.00 $ 45,000.00
2 Part Time Clerical $ 7,200.00 $
3 Full Time Clerical $ - $ 31,000.00
4 Consultant Services $ 140,000.00 $ 250,000.00
5 Legal Services $ 75,000.00 $ 80,000.00
6 Travel and Meetings $ 3,500.00 $ 3,500.00
Books and
7 Subscriptions $ 1,500.00 $ 1,500.00
8 Office Supplies $ 1,200.00 $ 1,200.00
9 Computer $ 2,500.00 $ 2,500.00
10 Printing and Binding $ 2,500.00 $ 2,500.00
11 Temp Help/City Staff $ 3,000.00 $ 2,000.00
12 Misc. Expenses $ 1,000.00 $ 1,000.00
13 Software $ 2,000.00 $ -
$ 261,895.00 $ 420,200.00
Memo
To: CRA Board
From: Jeremy Earle, Executive Director
CC:
Date: 3/26/2008
Re: Board Consensus Regarding Direction for 2008
Greetings Community Redevelopment Agency Board members, as promised, below you will find the
main points of the conversations that I had with each of you individually over the last week regarding
your thoughts on what should be the focus of the Community Redevelopment Agency for 2008-2009.
Below that, I will then refine your comments further in order to create a final plan of action which will
provide the roadmap for where we want to go and what we need to do to get there. Please let me
know if you have any additions or changes.
Discussions:
Mayor Jones-Date of discussion 3-21-08
1. Would first and foremost like to see the CRA operate like an agency in all respects
2. Create a sensible budget which takes into account the items that we will need to get the CRA up
and running.
3. We should be in compliance with state statute
Vice Mayor Castro-Date of discussion 3-19-08
1. Parcel 109 is a priority-Mixed use opportunity
2. CRA Director should meet with developers and market CRA/ City of Dania Beach as well as
helping to facilitate redevelopment efforts.
3. Focus on the city core,the area around city hall-The core is key to redevelopment efforts.
4. Create necessary budget
5. We should be in compliance with state statute
Commissioner Anton-Date of discussion 3-18-08
1. Parcel 109 is a priority-Mixed use opportunity
2. Focus on core including Dania Beach Blvd area.
3. Network with developers and help to facilitate the redevelopment process.
4. Create necessary budget
5. We should be in compliance with state statute
1
Commissioner Flury-Date of discussion 3-21-08
1. Parcel 109 is a priority
2. Pirates Inn is also an important project-it sits on a very important comer in the City of Dania Beach
3. Dania Beach hotel should also be focus of our efforts
4. Create a sensible budget
5. We should be in compliance with state statute
Commissioner Bertino-Date of discussion 3-25-08
1. 109 Park should be a priority-Mixed use
2. CRA boundaries should be reviewed
3. Focus on core including Dania Beach Blvd and Federal Highway
4. Create necessary budget
5. We should be in compliance with state statute
Below is a plan for how we bring the CRA up to speed in addition to laying the groundwork for the
future. Everything listed below has been discussed with all members of the CRA Board.
Plan of Action
1. Agency needs to operate fully in its statutorily mandated capacity per Chapter 163 of state statute.
2. All reports need to be filed on time to ensure that we do not receive a state audit.
3. The current approved CRA plan which is almost 7 years old needs to be modified to ensure that all
projects that we as an agency implement over the next 5 years are covered in the plan per state
statute. The Redevelopment Plan will include the vision for the CRA/City of Dania Beach and will
have as its focus a phasing plan which will include different areas within the CRA such as the
urban core around city hall in which the CRA will focus its initial redevelopment efforts,
4. CRA will lose its current allotted funding of$6.3MM in 2011 if we do not take immediate action to
amend our agreements with Broward County. CRA Director will make every effort with the support
of the Board to leverage those resources into additionally funding. A legal team experienced in
Chapter 163 of state statute should be assembled to help in this effort.
5. Additional sources of funding such as grants and incentives such as tax credits and other
programs should be proactively explored and applied for, in order for the CRA to be able to
leverage the resources needed to carry out its duties. A consultant who is fully versed in financing
mechanisms and CRA's should be retained to assist us in these efforts due to our current lack of
TIF.
6. In addition to bringing the CRA back up to speed, the Executive Director will diligently work with
existing and future developers as well as business owners and other stakeholders in order to
facilitate the redevelopment of parcels within the CRA including but not limited to Parcel 109,
Pirates Inn and the Dania Beach Hotel.
7. A budget for the CRA will be developed in order to implement the aforementioned tasks.
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