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Agenda 03-27-23 City of Boynton Beach Recreation &Parks Advisory Board City Hall Commission Chambers 100 E. Ocean Avenue, Boynton Beach March 27, 2023, 6:30 PM AAgenda I. Call To Order 11. Pledge of Allegiance III. Roll Call IV. Agenda Approval — March 27, 2023 V. Approval of Minutes — February 27, 2023 VI. Unfinished Business a. Parks System Master Plan Update b. Advisory Board Guidelines c. Results from Recreation & Parks Advisory Board Surveys d. Recreation & Parks Advisory Board Annual Report for Commission VII. New Business a. Upcoming Recreation Events VI 11. Public Audience IX. Items For The City Manager's Attention X. Future Agenda Items a. Board Chair & Vice Chair appointment XI. Next Meeting —April 24, 2023 The Board(Committee)may only conduct public business after a quorum has been established. If no quorum is established within fifteen(15)minutes of the noticed start time of the meeting,the City Clerk or designee will so note the failure to establish a quorum and the meeting shall be concluded. Board members may not participate further even when purportedly acting in an informal capacity. Speaking at Advisory Board Meetings: The public is encouraged to offer comment to the Advisory Board at their meetings during Public Audience,and on any regular agenda item,as hereinafter described.City Advisory Board meetings are business meetings and,as such,the Advisory Board retains the right to impose time limits on the discussion on an issue. • Public Audience:Any citizen may be heard concerning any matter within the scope of the jurisdiction of the Advisory Board-Time Limit- Three(3)Minutes. • Regular Agenda Items:Any citizen may speak on any official agenda item(s)listed on the agenda after a motion has been made and properly seconded-Time Limit-Three(3)Minutes. Addressing the Advisory Board:When addressing the Advisory Board,please step up to either podium and state your name for the record. Decorum:Any person who disrupts the meeting while addressing the Advisory Board may be ordered by the presiding officer to cease further comments and/or to step down from the podium.Failure to discontinue comments or step down when so ordered shall be treated as a continuing disruption of the public meeting.An order by the presiding officer issued to control the decorum of the meeting is binding,unless over-ruled by the majority vote of the Advisory Board members present. 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INFORMATION REGARDING ITEMS ADDED TO THE AGENDA AFTER IT IS PUBLISHED ON THE CITY'S WEB SITE CAN BE OBTAINED FROM THE OFFICE OF THE CITY CLERK. CITY OF BOYNTON BEACH RECREATION& PARKS ADVISORY BOARD MEETING 100 E. Ocean Avenue, Boynton Beach February 27, 2023, 6:30 p.m. PRESENT: STAFF: Julie Mondello, Chair Franky Lazo, Recreation & Parks Asst. Director Elizabeth Pierce-Roe, Vice Chair Gabrielle Favitta, Division Events Manager Sean Conklin Justin Johnson, Marketing & Outreach Mgr. Eugene Fagan Jennifer Oh, Prototype, Inc. Frando Patterson Alison Pandev Geoffrey Campbell, Alternate ABSENT: None GUESTS: None I. Call to Order Chair Mondello called the meeting to order at 6:30 p.m. II. Pledge of Allegiance III. Roll Call Roll was called and a quorum was present. IV. Agenda Approval — February 27, 2023 Mr. Conklin and Mr. Fagan would like to add New Business, Item E, Discussion of Adjacent Land to Parks. Frank Lazo, Recreation & Parks Assistant Director, requested Upcoming Special Events be heard prior to the Approval of Minutes. Motion was made by Mr. Fagan, and seconded by Vice Chair Pierce-Roe for the February 27, 2023 agenda approval, with the addition of New Business, Item E, and hearing Upcoming Special Events prior to the Approval of Minutes. In a voice vote, the motion passed unanimously. (7-0) V. Approval of Minutes — January 23, 2023 Meeting Minutes - Recreation and Parks Advisory Board Boynton Beach, Florida February 27, 2023 Motion made by Mr. Fagan, and seconded by Ms. Pandev, to approve Minutes for the January 23, 2023 meeting. In a voice vote, the motion passed unanimously (7-0). VI. Unfinished Business a. Results from Recreation and Parks Advisory Board Surveys Chair Mondello advised there were no updates, so there were no results at this time. b. Parks System Master Plan Update Franky Lazo, Recreation and Parks Assistant Director, reported that the Parks System Master Plan is going to Commission for adoption on March 21, 2023, at 6:00 p.m. The consultants will be giving a presentation and the department will be there as well. c. Renaming of the Boynton Beach Tennis Court Franky Lazo, Recreation and Parks Assistant Director, stated this already went to the Commission and it was presented and approved. The name is going to be the Boynton Beach Tennis and Pickleball Center. They are going to start updating all materials and then work on signage to identify the building, which will help promote pickleball. They have been working with the Grounds Division and Facilities and they want to have a sign that highlights the building with some nice landscaping. Once drawings or designs are available, they will bring them to the Board for review. VII. New Business a. Advisory Board Guidelines Chair Mondello read the Guidelines, but did not know if there was something specific, they needed to point out. Vice Chair Pierce-Roe questioned how this currently affects the Board. She noted that the old Commission and Mayor are listed, so maybe this an update. Franky Lazo, Recreation and Parks Assistant Director, stated this is the latest and what the code reads. This shows the purpose and duties of the actual Board. Mr. Patterson indicated that the Youth Education Advisory Board got the same thing. The Board needs to know what the mission is when presenting the annual report and that is one of the reasons it was sent out. 2 Meeting Minutes - Recreation and Parks Advisory Board Boynton Beach, Florida February 27, 2023 Chair Mondello thought Vice Chair Pierce-Roe might have asked about a template in the minutes and questioned whether anyone answered back. Mr. Patterson stated the Youth Education Advisory Board would not be answering him, they would probably send it to her, as the Chair. Ms. Mondello indicated she will reach out. b. Recreation & Parks Advisory Board Annual Report Franky Lazo, Recreation and Parks Assistant Director, advised the recommendation for this Board was to present the annual report to the Commission in July, which is Parks and Recreation month. Currently, there is no format or sample to refer to. No Advisory Boards have gone to the Commission to present. He is a liaison for the Education and Youth Advisory Board, and they took the mission and created goals and objectives for the year. One thing was a Youth Summit event, so that is something incorporated into their report. They are adding things they want to meet and bring to the Commission as Measurable Goals. If the Recreation and Parks Board has something they want to do, they need to know how they want to contribute based on the guidelines they have and what their parameters are. Vice Chair Pierce-Roe mentioned if the Education and Youth Advisory Board has an event and asked if members are allowed to go to the event together. Mr. Patterson stated that came up in the meeting on Thursday and they technically can, but they have to keep notes. Legal was present for guidance. Some of the caveat is that those dates must be published, the public has to be invited, and some other things. The Youth Summit is going to be big and he is going to ask this Board to participate because Parks and Recreation will be one of their main helpers. He suggested letting the lawyer advise the Board before stepping into that entity. Mr. Lazo advised they brought Legal to that meeting, and they allowed publicly advertised meetings, which they are following. Minutes have to be taken, public has to be able to have access to the meeting in an open forum, and the Board cannot vote on any items. They can invite Legal to the next meeting for discussion. Vice Chair Pierce Roe mentioned a lot of things the Board did in the past and she thinks it is important that they showcase what they have, so people will come here all the time instead of going to other communities. She thinks it is important that the Board go to Hester Center or Denson Pool. Chair Mondello thinks that would be nice. It would be a good thing to put on their goals and objectives to actually go to and look at parks and suggest improvements. 3 Meeting Minutes - Recreation and Parks Advisory Board Boynton Beach, Florida February 27, 2023 Mr. Patterson stated these are not regular meetings; these are additional meetings. That is why there are extra dates, but because the event being so big and there are so many items to cover, they will have additional meetings. Vice Chair Pierce-Roe commented that in the past they went over everything here and then got on a bus and drove for an hour. Chair Mondello stated sometimes they would meet earlier, go through the agenda, and then go on the bus. As long as there is documentation of their whereabouts with the times, maybe it will be okay. She thinks it would be great to have a lawyer at the next meeting. She thinks that would be a nice thing to present to the Commission to show that they have recommended these changes. She will try to get started on this. c. Little League Park Improvements Mr. Lazo reported they are working with West Architect on their Conceptual Master Plan for the Little League Park. The City has gone into an agreement with Prime Time Sports Group, which was approved at the last Commission meeting. The agreement is to build a training facility, and they will also be improving other aspects of the park, so they will be adding another field, scoreboards to all the fields, and the City will allow them to have a ground lease for 30 years. The City is not funding any of their projects, the City is working on our portion of the project, which is to renovate fields #2 and #3, and then have ADA walking paths throughout the entire park, and enhanced parking. Over 60 parking spaces are being added and they are looking to add an additional turn signal for right and left turns. Currently, the park is one in and one out. The park is busy, and people are parking everywhere. The new parking count will be 182 and they currently have 112. With the new training facility, the developer will add another field, which will facilitate Miracle League Play, ADA Accessible Play, T-ball coach pitch, and different sports. They plan on having a turfed rectangular area. Chair Mondello stated there are currently four fields and the two in the corner will become smaller fields. Mr. Lazo indicated the fields will be rectangular and they will allow for coach pitch and T- ball. There will be artificial turf, so different sports can be played there. This project is still in Conceptual Design through the City, so the City is designing it with the consultant, and then they will bring in stakeholders and allow everyone to look at it. Vice Chair Pierce-Roe asked if it was open bidding or if this person came in and said they wanted to help with the field. Mr. Lazo stated it was through procurement. They wrote a letter of interest to the City and it was put out in the newspaper and all the different forums they have to go through, and then it was passed in September, and the City went into negotiations with them and it was 4 Meeting Minutes - Recreation and Parks Advisory Board Boynton Beach, Florida February 27, 2023 vetted through Legal with a 50-page agreement, which can be shared, and the Commission got to see it two times. Vice Chair Pierce-Roe thought it was strange that this was never brought before this Board until it was almost approved. That is why she asked what their mission was as an Advisory Board when there are things that are not on their ten-year and all of a sudden something comes up. Perhaps something like this should come before the Recreation and Parks Board. That is why going to different locations as a Board helps, so they can have a better understanding. She feels the Board was left out and thought maybe they should be invited or included to some of the new projects coming up. Mr. Lazo apologized on behalf of the department; it was an oversight on their part. They met with the Little League. Vice Chair Pierce-Roe mentioned a large pole for telephone or communications and asked if the person who is leasing it is going to get the funds that come from the tower on that property. Mr. Lazo replied no, the only lease they are getting is where the building sits. The park and land is still City property, they just have a ground lease, which they will be paying the City fees for. The City gets the revenue for the tower. Vice Chair Pierce-Roe asked if the revenue from the tower will go back into the park for other things being done or how the revenue works into the park. Mr. Lazo stated he will follow up. Vice Chair Pierce-Roe asked if the City will be responsible for the maintenance. Mr. Lazo advised that maintenance would be minimized with the field going to artificial turf. They are still going to be responsible for the maintenance of the park and the developer will be responsible for the maintenance of the building and the surrounding areas of the building. Chair Mondello asked if they are adding things in the middle. Mr. Lazo stated the next step will be going into construction drawings, so 30% and 70% is a playground, which is something the League requested; multiple shade areas, drop off areas, and each field has batting cages. There are fitness stations around the park and walking trails around the entire park. Mr. Conklin asked if this is adding a signalized intersection. Mr. Lazo stated that is one of the discussions they are currently having. They are working with Engineering to try to have a signal and they are comparing with other municipalities. 5 Meeting Minutes - Recreation and Parks Advisory Board Boynton Beach, Florida February 27, 2023 He noted that Lantana has something just as bad, so they are looking at what has been allowed and what the surrounding areas have to keep it safe. Mr. Patterson requested more information regarding the training facility. Mr. Lazo indicated that the training facility is an all-inclusive building. The gentleman proposing to build the building is a sports agent, so he wants an area to have his clients utilize when the park is in down time. If he was to request field usage, he would have to come through the City, so permits could be issued. Vice Chair Pierce-Roe asked if the building is open to the public. Mr. Lazo stated they are working with him to have scholarships for children and to have different activities in there. The main focus is that he wants to train his clients, but he also wants to work with Miracle Leagues to have ADA programming on the fields, which is a partnership program he will have with the City. He wants to have scholarships for kids at Hester Center and he wants kids in low to middle income in the community to be able to use the building as well. Not only does he want to bring in a baseball training facility, but a sports training facility for the community to enjoy. He has talked about working with the Little League to allow some usage in there as well. Vice Chair Pierce-Roe indicated they have been seeing a trend in sports where school and rec leagues are not enough to get kids to the next level. It is a genius idea because everyone is paying for travel teams, special coaches, etc. To have it in Boynton Beach, she is sure they will find a lot of baseball players coaching kids, so it will cost. Mr. Lazo mentioned that they worked with Palm Beach Gardens, who has a similar facility and layout. They visited multiple times; in the morning there were professional football players kicking the ball on the field, there were UFC athletes, boxers, basketball, and all types of athletes there. In the afternoon there were Miracle League activities, and a little later, there were rec teams and travel teams. Every kid will start on fields #4 and #5, and work their way around the wheel. Kids who are transitioning from recreation to travel will have a facility that can help them get to the next level. This park also presents a sports tourism opportunity for the City. Vice Chair Pierce-Roe asked if this will be open on weekends for citizens to use. Mr. Lazo stated that is something they can discuss with the building owner. Vice Chair Pierce-Roe noticed that the Hester Center changed their weight room times, they used to be open from 8:00 a.m. to 8:00 p.m., and now they are only open from 6:00 p.m. to 8:00 p.m., Monday through Friday. Mr. Lazo advised the weight room is open throughout the day. 6 Meeting Minutes - Recreation and Parks Advisory Board Boynton Beach, Florida February 27, 2023 Vice Chair Pierce-Roe does real estate and people want to know where they can go and workout. She tells them they can go to Hester Center, but the new Funfare said it is only open Monday through Friday from 6:00 p.m. until 8:00 p.m., and Saturdays from 9:00 a.m. to 1:00 p.m. She wants to be sure when she gives information that it is correct. Mr. Lazo advised he will look at that because it must be a misprint. He mentioned that he sometimes goes in the gym and then different people come in throughout the day. Currently, the operating hours are 8:00 a.m. to 9:00 p.m., and on Saturday from 9:00 a.m. to 1:00 P.M. Mr. Fagan commented that parking calculations provide 182, but they require 269. He asked if this park got a variance. Mr. Lazo stated he could bring an answer back. Usually, they take the Conceptual Plans through Planning and Zoning, Building, and everyone who needs to vet it, and that is when the Site Plan approval comes out in permitting. If it is not correct, it will be corrected. Mr. Fagan questioned if 269 spaces are needed and why are they not providing that. He asked where people are going to park. Mr. Lazo stated from a spacing standpoint, they currently have 112 spaces and in looking at the drawing, there are not a lot of opportunities to add more parking. Chair Mondello mentioned the training facility and noted that it is by square-foot. They might have a different ratio. Mr. Lazo indicated they have to provide their own parking. Vice Chair Pierce-Roe commented that those spaces will have to be part of their parking area as part of that building. Mr. Lazo clarified that the building is going to have its own parking dedicated to the building. Part of it will mostly be used during non-peak park hours to minimize interruptions. Vice Chair Pierce-Roe suggested finding out how many buildings are for that space. Mr. Fagan commented that if they get away with half the parking that is a legal precedent. Chair Mondello stated that the training facility has 40 and future expansion has 53. Vice Chair Pierce-Roe questioned how many spaces are usually for handicap. Mr. Fagan stated there are four per 100; every 25 spaces is handicap. Mr. Lazo thinks the plan identifies different areas throughout the park with handicap. 7 Meeting Minutes - Recreation and Parks Advisory Board Boynton Beach, Florida February 27, 2023 d. Upcoming Recreation Events Gabrielle Favitta, Division Manager for Events Division, was present. She noted that postcards were being distributed and they would like to invite this Board and anyone they know who lives in the City of Boynton to their City Hall Social event, which will take place on Thursday, March 2, 2023, from 5:30 p.m. to 7:30 p.m., in the City Hall lobby. This is a great opportunity for community members to network and build relationships with City Commission members and staff in a casual setting. There will be hors d'oeuvres, a cash bar, jazz music by a saxophonist, a pianist, and a special guest performance from jazz vocalist. Attendees will have an opportunity to tour the Boynton Beach City Library's Creative Edge Studio. FAU Tech Runway Innovation will be on site give information on what they provide to the community. A big highlight is that there will be a couple directors from select departments to discuss any ideas, comments, or concerns. It is one on one conversations and it will give a face to a name or department in the City. Parking is available in the main parking lot on Boynton Beach Boulevard and Seacrest Boulevard and you can enter the main entrance at City Hall. If anyone needs the link to this information it is on the City website, or an email can be sent to her. Justin Johnson, Marketing and Outreach Manager, advised they will have the rescheduled Pickleball Grand Opening on Saturday, March 4, 2023, from 10:00 a.m. to 12:00 p.m., at the newly renamed Boynton Beach Tennis and Pickleball Center, which will be hosted by Jeanette Javier of ESPN West Palm. She agreed to help promote the new pickleball courts that also include pickleball clinics. There will be an exhibition game and there will be a ceremonial first server, food trucks, etc. The Annual Rally for the Cure is next Saturday, March 11, 2023, at 9:00 a.m., at the Boynton Beach Tennis and Pickleball Center, in support of Raising Breast Cancer Awareness. The entry fee is $30 per player, with a limit of 66. He has not had a chance to see what the current registration number it, but it is capped at 66. The Spring Fling Pickleball Tournament is on Monday, March 13, 2023, at 9:00 a.m., at Ezell Hester Center. The cost is $35 per team for residents and $44 for non-residents. A speaking engagement with Vincent Wilfork will be held on Wednesday, March 15, 2023, at the Ezell Hester Center at 6:30 p.m. This is a free event, and they will be auctioning several autographed footballs by Mr. Wilford, which will be raffled off. Chair Mondello asked if they could request that Mr. Wilfork be Grand Marshall at the Christmas parade next year. Wellness Wednesday is March 29, 2023 at Intracoastal Park, at 6:00 p.m. Vice Chair Pierce-Roe stated it is great to have INCA involved, so they can try to get the community more involved. 8 Meeting Minutes - Recreation and Parks Advisory Board Boynton Beach, Florida February 27, 2023 Mr. Johnson has not received the formal registration links, but as soon as he gets those he can forward them to everyone. Vice Chair Pierce-Roe indicated that they did a nice job at the Dedication at the Veteran's Counsel for the Dedication of the African-American Soldiers and Marines on Saturday. Mr. Lazo gave a shout out to Justin Johnson, Marketing and Outreach Manager, and Michael Pinkney, Park Compliance Manager. They hustled and put that together. Mr. Johnson thanked Dr. Latonya Hughes, who spoke on the history of the airmen and was able to add in some personal touches because she was actually in school at Tuskegee when the HBO movie premiered, and she spoke at the ceremony about how it was a social event and they gathered in the dorms to watch the movie as it premiered on HBO. He also thanked Dr. Karen McCray, who gave the prayer in honor of the Veterans. Both took the speaking arrangements on very short notice and did a fantastic job. Most importantly, they are his sister-in-law, and brother's mother-in-law respectively. Vice Chair Pierce-Roe commented that the flag was at half mass and crazy winds wrapped it around the roof and some of the poles and ripped the flag in half. She mentioned it to one of the gentlemen who drives around with the Parks Division and the next day a new flag was up. She knows they changed out the garbage cans at Oyer Park and with all the boats coming in and it being a busy weekend, the smaller garbage cans look great, but the hole is small, and everyone stacks their stuff because their bags are a lot larger when coming off the boats. Perhaps the parks can add a different style. That was the only good thing about the blue trashcans, which were large 50-gallon cans. Mr. Lazo indicated since Wesley has taken over as the Parks and Grounds Superintendent, he is very big on parks maintenance. He is developing a night crew to work at parks to make sure they are always clean and he has a weekend crew as well. They go to the beach a couple times and there is also a contractor, so staff may go through there three or four times a day. Vice Chair Pierce-Roe requested Mr. Lazo tell the maintenance men who go to the beach to stay away from the dune grass because they want to make sure the grass protects the beach. e. Discussion of Adjacent Land to Parks Mr. Lazo stated that Shawn brought it to their attention that there is a huge for sale sign and apparently they all missed it. They have been working with GIS to look at PAPAS to see what it says. PAPAS is not reflecting the property for sale, but they did get a land value for it. It is two properties and two parcels. The first one is 512 North Federal 9 Meeting Minutes - Recreation and Parks Advisory Board Boynton Beach, Florida February 27, 2023 Highway, which has a land value of about $802,000, and the other is 600 North Federal Highway, which has a land value of $356,000. They are looking into it but they do not have much of an update for now. Vice Chair Pierce-Roe stated the City might want to look into pieces of property like Boynton 500 while this development is going on because property like that is important. If they are going to have a complex where pets are allowed, they should have to somehow do a dog park. There are dogs everywhere and she thinks it should not be the City's responsibility to try to make sure things are put out for dogs where apartments are being built and allowing pets. The apartments get fees for allowing pets. Perhaps, with so much building going on in Downtown, it would be a perfect place to have a park and it should be purchased by some of the builders coming in. Mr. Fagan agreed. Mr. Lazo stated one of the projects they are working on is still very conceptual; it is Jaycee Park. They are looking at converting that into a dog park. They are still taking assessment and that will be brought forward to all the stakeholders to review and then the Commission will have input as well. Another thing they are looking at is their existing dog park. It is not the best maintained dog park. The Master's Association is supposed to do the maintenance and they have been hounding them and getting their Legal team involved because they are not holding up to their end of the bargain. They have been getting some calculations as to what it would cost to maintain that park and tell them they are obligated to do the maintenance and if they do not do it, then the City will sue them or hold some leverage on them. They understand there are a lot of dogs. A lot of developers are factoring dogs. Vice Chair Pierce-Roe indicated they were supposed to that at Boynton 500, but it never went through, and they were never penalized for it. She thinks taking a people park they have to trade for a dog park, especially on a prime piece of property on the Intracoastal Waterway, might not be the best concept. She asked if they considered Betty Thomas Park, which is not far away. Mr. Lazo advised that Jaycee is one of the concepts they had, but through the Master Plan, one question is dog parks, so they are identifying multiple areas. Hopefully, the Master Plan is a tool they will use and that is going to Commission soon. They have taken a lot of public input on that subject and it is going to be their guiding tool for how they develop the future of recreational parks in the City. Vice Chair Pierce-Roe mentioned Girl Scout Park, a large piece of property they have been talking about for years. They have open fields, kayak stations, a picnic area, etc. There are parks out there that have not been developed, so to change parks that are already made in that same area does not make sense, and that is why Betty Thomas Park was built because there were no parks in that section. 10 Meeting Minutes - Recreation and Parks Advisory Board Boynton Beach, Florida February 27, 2023 Ms. Pandev commented that apartment complexes near the Target on Congress Avenue and Old Boynton have dog parks. She noted there is more than one. She mentioned this for developers, so when they are building it can be incorporated into their building plan. Chair Mondello stated that is what they were talking about. Mr. Conklin asked if Mr. Fagan had any thoughts on that land. Mr. Fagan thinks they should do it either as a dog park, exercise field, or something. There are so many dogs in those condominiums and the idea of driving your dog does not work most of the time. Mr. Conklin mentioned crossing the highway after work. Vice Chair Pierce-Roe mentioned the property with St. Marks and asked if the City ever got back together with them since there is a new group of people there to try to see if they might work with the City or developer to actually replace the pier behind the church. Chair Mondello stated from what she understood, the Diocese did not renew their lease, so they do not have access to that park anymore at all. Mr. Lazo stated there has been conversations. One project the City is working on is behind Casa Costa, the Boynton Beach Extension, so that is a project that has been put out to bid. Engineering and Public Works are looking to renovate that area and eventually it may lead into the City working something out with the church, maybe a land swap so the public can still utilize that park. Vice Chair Pierce-Roe stated that the City wanted to have walking space along Intracoastal Park. It would be nice if the City could work something out with the church to see if they can do something. Again, here is great land that needs to be improved. VIII. Public Audience Ernest Mignoli, resident, commented that Ocean Front Park is probably one of the greatest ocean beaches in the country, but it is being destroyed by this City. He goes to that beach every day and never sees anyone from the Boards, Commission, Police, or Fire. Chair Mondello stated she goes there all the time. Mr. Mignoli stated there are drugs, used condoms, beer, whiskey, wine bottles, and broken glass everywhere. Lifeguards are sitting in air-conditioned offices and families are getting drunk and high on the beach, letting little kids go into the rough surf; it is called unattended children. Rules in the park say "No dogs". Teenagers are throwing footballs, baseballs, racquetballs, etc., and they hit people in the face and the lifeguards do not do 11 Meeting Minutes - Recreation and Parks Advisory Board Boynton Beach, Florida February 27, 2023 anything. They need new lifeguards. The rules that are posted if the lifeguard stand say they cannot say anything and they tell the Park Ranger or the Ocean Ridge Police. Vice Chair Pierce-Roe does not think it is up to the lifeguards to watch children in the water, they have a lot of other things going on. She noted that in the past, there were three people who worked at the beach, and they had a golf cart. She knows they have a Ranger Program and stated that the Ocean Ridge Police do not have authority to go in unless it is a criminal type thing. She asked why they can't hire at least one person since they had three before; one person on a golf cart who can drive around to help. She asked if they could have more types of security than lifeguards who should be taking care of the beach and not worrying about dogs or anything else. Mr. Fagan said he saw a Ranger on a golf cart going up and down the beach. Chair Mondello asked if there are people in the parking lot. Mr. Lazo stated during season there is a Park Ranger there from 9:00 a.m. to 2:00 p.m., which is the busiest time, and the Rangers work from 5:30 a.m. to 11:00 p.m. They started to look at money being generated from the Parking Program to put back into the park for staffing, etc. Vice Chair Pierce-Roe thought there should be some sort of security during regular hours when the beach is open. It should be someone who can actually assist. Mr. Lazo stated lifeguards do their job, which is guarding lives. Park Rangers and staff are the ones patrolling. IX. Items for the City Manager's Attention Vice Chair Pierce-Roe asked if they should ask the City Manager if it is possible to have someone who can be on the property during working hours. Mr. Lazo stated they are trying to do that now. The money that comes back goes into the General Fund, so they have started discussions about trying to make it an Enterprise Fund, so they can utilize it. Vice Chair Pierce-Roe mentioned that perhaps the City of Boynton can push for dredging. The tides were super high and low this weekend that people were running ashore. Dredging is supposed to be done every seven to ten years and they are past that time. This might be something that needs to be looked at sooner than later. X. Future Agenda Items Mr. Patterson suggested the Youth Summit. 12 Meeting Minutes - Recreation and Parks Advisory Board Boynton Beach, Florida February 27, 2023 XI. Next Meeting — March 27, 2023, at 6:30 p.m. VII. Adjournment With no further business to discuss, upon motion duly made and seconded, Chair Mondello adjourned the meeting at 7:42 p.m. [Minutes transcribed by C. Guifarro, Prototype, Inc.] 13 i {i (4„ ORDINANCE NO. 20-016 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING AND DELETING VARIOUS ARTICLES AND SECTIONS OF PART II AND PART III OF THE CODE OF ORDINANCES; PROVIDING FOR THE CREATION OF CHAPTER 27, "ADVISORY BOARDS AND COMMITTEES"; PROVIDING A COMPREHENSIVE UPDATE TO CITY RULES GOVERNING ADVISORY BOARDS AND �a 1 COMMITTEES; PROVIDING FOR CONFLICTS, SEVERABILITY, 1 CODIFICATION AND AN EFFECTIVE DATE. 1 WHEREAS City of Boynton Beach ("City") staff has been reviewing existing code l language to assure that the rules and requirements pertaining to City Advisory Boards and 1 Committees, are clear and consistent throughout the Code of Ordinances; and 1 WHEREAS,to promote a higher degree of organization,the Commission supports the 1 elimination of redundancies related to the governance and duties of City Advisory Boards and i 1 Committees be eliminated; and 1 - WHEREAS, the Commission has determined it is in the City's best interest to reorganize existing provisions related to governance,membership,and duties of City Advisory I Boards and Committees by codifying such provisions into one single chapter of the Code of 2 Ordinances; and 2 WHEREAS, the Commission has determined it is in the City's best interest to create an absence policy for City Advisory Boards and Committees; and 2 WHEREAS, the Commission has determined it is in the City's best interest to create a policy related to concurrent service on City Boards and Committees; and 2 WHEREAS,the City Commission deems it to be in the best interest of the citizens and h 2E residents of the City to create Chapter 27, Advisory Boards and Committees, as hereinafter referenced. 3 NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF 3 THE CITY OF BOYNTON BEACH, THAT: k 3i Section 1. The foregoing "Whereas" clauses are true and correct and incorporated . r 3 herein by this reference. „{ 3Section 2. Part 11, Chapter Two, "Administration",Article I, "In General", Section � 3 2-16, "City Boards and Commissions: Minimum Qualifications for Appointment and {00351419.9 306-9001821} 's { ,ti i„ �t (@ 1 V , 3 Membership", Section 2-17, "City Boards Appointment of Alternate Members" and Section 3 2-20, "Quasi-judicial proceedings before city commission or city board; procedure for i 3 reconsideration of decision", of the City's Code of Ordinances are hereby deleted in their 3 entirety and replaced by Chapter 27, "Advisory Boards and Committees." 4 Section 3. Part II, Chapter Two, "Administration", Article IV, Section. 2-60. 4 "Commissions, boards, etc., independent of city commission to follow article" is hereby ii 4 deleted in its entirety and replaced by Chapter 27, "Advisory Boards and Committees." 4 Section 4. Part 11, Chapter Two, "Administration", Article VII, "Education and 4 Youth Advisory Board", Sections 2-116-123, and Article VIII, "Education Advisory Board", r 4 Sections 2-126-132, of the City's Code of Ordinances are hereby deleted in their entirety and lr; 4 replaced by Chapter 27, "Advisory Boards and Committees." 4 Section 5. Part I1, Chapter Two, "Administration", Article IX, "Senior Advisory i 4 Board", Sections 2-141-147, of the City's Code of Ordinances are hereby deleted in their 4 entirety and replaced by Chapter 27, "Advisory Boards and Committees." 5C Section 6. Part 11, Chapter Twelve, "Libraries", Sections 12-1-6, of the City's' 51 Code of Ordinances are hereby deleted in their entirety and replaced by Chapter 27, "Advisory 5 Boards and Committees." �. 5 Section 7. Part 11,Chapter Sixteen,"Parks and Recreation",Article 1,"In General", 5 - Sections 16-1-5, of the City's Code of Ordinances are hereby deleted and replaced in their 5 entirety by Chapter 27, "Advisory Boards and Committees." i; Section 8. Part III, Chapter 1, "General Administration", Article VII, 5 �`, 5 "Administrative and Decision Making Bodies", Section 3, "Planning and Development 51 Board", Section 4, "Historic Resources Preservation Board", and Section 5 '`City 5 Commission",of the City's Land Development Regulations are hereby deleted in their entirety 6 and replaced by Chapter 27, "Advisory Boards and Committees." 6 Section 9. Part III Land Development, Chapter 1, "General Administration", 6 Article VIII, "Appeals" of the City's Land Development Regulations is hereby deleted in its 6 entirety and replaced by Chapter 27, "Advisory Boards and Committees." 6 Section 10. Chapter 27, "Advisory Boards and Committees", is hereby created, 6 which shall read as set forth in Exhibit A. (00351419.9 306-9001821) 2 3i+ if r, F' 6 Section 11. Each and every other provision of the Code of Ordinances of the City 6 of Boynton Beach not herein specifically amended shall remain in full force and effect as ; Ql' 6 previously enacted. 6 Section 12. All ordinances or parts of ordinances in conflict herewith be and the 7 same are hereby repealed. 7 Section 13. Should any section or provision of this ordinance or portion hereof, any 7 paragraph, sentence or word be declared by a court of competent jurisdiction to be invalid, 7 such decision shall not affect the remainder of this ordinance. ,;` 7 Section 14. Authority is hereby granted to codify said ordinance. 7 Section 15. This ordinance shall become effective immediately upon passage. w` 7 Section 16. AIt matters pending before the City boards or committees at the time of I'. 7y effective date of this Ordinance shall continue unabated and be taken up as scheduled before 71 the respective board or committee. 7 FIRST READING this At-day of 2020. 8 8 SECOND, FINAL READING AND PASSAGE this day of"Y , . , 2020. 8 $ CITY OF BOYNTON BEACH, FLORIDA ° 8 8 YES NO 8 Mayor— Steven B. Grant 8 � } 8 Vice Mayor—Ty Penserga 8 '' 9 Commissioner—Justin Katz 9� 9 Commissioner—Woodrow L. Hay '' 9 9 Commissioner—Christina L. Romelust 9 9 ATTEST: VOTE % 9 I 9 9 Crystal Gibson, MMCF 10 City Clerk 10 10 (Corporate Seal) 19 IF {00351419.9 306-9001821} s G � C €iY 1t } �4 i F. 10 EXHIBIT A 10 CHAPTER 27 10E ARTICLE I. IN GENERAL 10 10 Sec.27-1. City boards and committees defined; generally. 10 1. "Board", shall refer to a group of individuals appointed by the City Commission for the 10 purpose of providing advisory assistance to the Commission. No board shall have 11 administrative authority over any department of the City. 111 2. "Committee" shall refer to a group of individuals appointed by the City Commission to 11 provide advisory authority on a single subject or issue matter. The City Commission may 11 establish a sunset date for each Committee. Terms "board" or "committee" may be used 11 interchangeably herein. 11 3. The provisions of Chapter 27, Article I, shall apply generally to all City advisory boards and 11 committees unless stated otherwise within applicable law, Florida Statutes, or the Boynton 11 Beach Code of Ordinances. ire 11 4. Retroactive Effect. To the extent permitted by law, all of the provisions within Chapter 27, 11S shall apply to acts and actions occurring or in progress prior to its adoption by the City 12 Commission. All matters pending before the City boards and committees at the time of 121 effective date of this Ordinance shall continue unabated and be taken up as scheduled before 1K the respective board and committee. 'i 12 x 12 Sec. 27-2. Board or committee member selection; organization; qualifications; term. I 121 1.No person shall be appointed to a City advisory board or committee without the person first 12 submitting an application for appointment. All applications for appointment to a City board 12 shall be on a form authorized by the City Commission. The City Clerk shall review all i 12 applications for completeness and qualifying requirements prior to submitting them to the City i 1 Commission for consideration. t I 13 2. Selection of Chair and Vice-Chair. The chairperson and vice-chairperson for each board (i 13 shall be selected by majority vote of the City Commission. Neither the chair nor the vice-chair 13` have fixed terms. The Chair and Vice-Chair shall be annually reappointed. The duties of the 13 chair shall be to preside at all board meetings. The vice-chair shall perform the duties of the 1'. 13 chair in the chair's absence. t {00351419.9 306-9001821) I it 1 3. Alternates. The City Commission shall appoint (2) two individuals to serve as alternate a, t 1 members for each board. Alternate members may participate at board meetings in the place of 1 absent board members or recused members, to the same extent as regular members. In the 1 event a vacancy occurs on a board, the alternate shall assume the role of a regular board i, 1 member for the remainder of the abandoned term or until the City Commission appoints a 1Q replacement regular member, whichever occurs first. lel 1, a. The term for alternate members shall be for one (1) year. n 1 b. Alternate member appointees may be reappointed. 141 c. Notwithstanding any other provision of City code or procedural rule, no alternate �t 19 member of any City board may serve in the capacity of Chairperson, Vice Chair, or 1 Chair Pro-Tem. 14 4. Organization. Generally, City advisory boards and committees shall be composed of seven 1 (7) regular members and two (2) alternate members, except as may be provided for by Florida 1 E Statutes, Special Act or Resolution of the City Commission or elsewhere within the Code of 1 Ordinances of the City of Boynton Beach. 150 5. Quorum. Four(4)members shall constitute a quorum for each advisory board and committee sr 151 with seven (7) regular members. Where an advisory board or committee has less than seven �f i% 1 (7) regular members, a simple majority of regular members shall constitute a quorum. 1 6. Qualifications.Members serving on advisory boards and committees shall possess sufficient 1EJ knowledge, experience,judgment or background necessary to competently serve the board or 1E5 committee to which they are appointed. 1E 6 (a) In order to qualify for appointment to and to serve as a member of any board or 157 committee of the City, an individual must be an elector of Palm Beach County, I 1; 15 Florida. � 1 (b) In selecting individuals to serve on boards and committees of the City, preference 1 shall be given to individuals who are residents of the City of Boynton Beach, 1 : provided however, non-residents who own property in the City, own a business I 1E within the City, or serve as an officer, Director or manager of a business located 1E within the City may also qualify for appointment provided they possess 1 Ee qualifications or experience uniquely suited to deal with the subject matter over r 1 which the board or committee has subject matter review or power. i` {00351419.9 306-9001821} 5 ( 3t i I � C 16 (c) In selecting individuals to serve on boards and committees of the City, preference 16 shall be given to individuals who do not presently serve on one of the City's boards. 16 (d) Concurrent service on City boards and committees shall be permitted only to the Ii 16 extent necessary. If a board member holds a position on a board that conducts 17 quasi-judicial proceedings" as defined by Section 27-8 herein, such member shall �r 17� not concurrently serve on another advisory board that has similar quasi judicial 17 powers. ' 17- 6. Term of Service. In general, all regular member appointments shall be for a two-year period. 17 (a) Commencement of Terms. All advisory board and committee appointments shall r 17 commence at 12:01 a.m. on April 1 and shall be for a period of two (2) years. 17 (b) Expiration of Terms. All advisory board appointments shall expire at 12:00 x 17 midnight on March 301h of their second year of appointment, except as set forth in #f 17 Section 27-5 herein. The City Commission shall review applicants and fill 17 vacancies on City boards during the month of April following the City's March ` 18 Commission elections or as soon thereafter as practicable. 18 (c) The terms of office of the board members shall be staggered so no more than one- 182 third of the board is appointed or replaced in any 12-month period. 18 (d) The current term of all board members whom have been appointed prior to the 18 adoption of Chapter 27 shall continue uninterrupted until the expiration of said 18E term. 18 7. Term Limits. 18 (e) No member shall be appointed for more than two (2) successive terms (original 18 term, plus on additional term). A member who has been appointed to fill an 18 unexpired term shall remain eligible to serve two(2)full two-year successive terms. 19 (f) Upon completion of the maximum allowable two (2) full terms of membership, no 191 member shall be eligible for reappointment to the same advisory board, and 19 committee for a period of one (1) year unless otherwise approved by the 19 Commission. 19 8. Reorganization. In the case of creation of a new board or committee or the reorganization 19� or reconstitution of an advisory board or committee, three (3) members shall be appointed for ,t 19 an initial term of one year, with the balance of the members being appointed for an initial term y, 19 of two (2) years. Thereafter, all appointments shall be for two (2) years. {00351419.9 306-9001821) F r! I �7 r 19 ` 19 Sec.27-3. Frequency of meetings s 20 Unless otherwise stated in Chapter 27, all advisory boards and committees shall meet 20 once a month. Special meetings may be called by the City Manager or board chairman. << f 20 s 20 See. 27-4. Absences. 20e 1. When a member of any advisory board or committee that has regularly scheduled meetings 20 once a month, has missed three (3) regular monthly meetings for any reason within one (1) 20 annual board term, that member will be notified that one (1) additional absence will cause 20 his/her board membership to be terminated. Therefore, the fourth absence shall result in r 20 removal from the board. 20� (a) Those boards or committees that have regularly scheduled meetings more than once 21 a month shall bepermitted to have six(6)absences during anyone(1)annual board i 211 term. The seventh absence shall result in removal from the board by ministerial 21 action of the City Clerk. r 21 2. Excused Absences. A board member,to whom which any of the below mentioned instances i� 21e apply, shall submit in writing to the board Chairman, a request for an excused absence or 21E absences. The board Chairman shall have the power to excuse an absent board member. In the f 21E event the board Chairman has excused the absence of one of the board members, the decision r 21 must be mentioned on the record at the applicable meeting. 21 (a) An absence may be excused due to one of the following: 21 i. Personal illness or injury; �r 2 ii. Illness or injury of a family member; 221 iii. Death in the family; 1 2 iv. Emergency; 223 V. Maternity leave; or, ti 22 vi. Military service. I � 2 2 Sec. 27-5. Removal; abandonment; vacancy. li. 2 1. All City board members serve at the pleasure of the City Commission and may be removed t 2 with or without cause a? any time by a majority vote of the City Commission, unless otherwise 2 provided by the Charter or Florida Statutes. {00351414.9 306-9001821} i i, s i 1 ""t 'j z �y 7 �( 23 2. Notice of Removal. A notice of removal shall be served upon the City board member who � 23 has been removed upon the direction of a majority of the City Commission. The notice of 23� € 4 removal shall be prepared by the City Attorney and signed by the Mayor, or the City Manager 23 if so directed by the City Commission. 23 (a) Service of Notice. The notice of removal shall be served by personal delivery or by s 23 ordinary first class mail. Service shall be accomplished as soon as is practicable 23 after the City Commission directs service of the notice of removal or, in the event 23 of Abandonment of Office, after the City Manager or designee issues the notice of 23 removal. 23 (b) Effective Date of Removals.Removal of a City board member shall have immediate 24 effect upon the vote of a majority of the City Commission. 24 (c) A person who is removed from a City board pursuant to the procedures set forth i 24 in this section shall not be subject to reappointment to any City board for a period 24 - of thirty-six (36) months. 24 3.Abandonment. In the event of Abandonment of Office, the notice of removal shall 24 automatically be issued by the City Manager, or designee. Seven unexeused absences shall 1 4 24 constitute abandonment of a board seat. 24 4. Vacancy. The City Commission shall fill any vacancy. Where a vacancy is caused by the 24 resignation or removal of a member prior to the expiration of their term, a member shall be �{ 24 appointed to complete the unexpired term only, unless the unexpired term is for a period of 25 time less than six (6) months. In that event the appointed member shall then be allowed to i 25 serve the following full regular term without reappointment. t 25 25 Sec. 27-6. Rules and Procedures. 25` 1. Each board or committee may make and adopt by-laws, rules and regulations for their own 25 guidance and for the government and performance of its duties. Subject to the approval, t 25 supervision and control of the City Commission and not inconsistent with law. !? 25 2. Boards shall keep minutes of its proceedings; record the vote on each question; and, keep 25 E records of its discussions, recommendations, and other official actions. i 25 3. When a board issues an order, the order must be reviewed by the City Attorney's Office 26 prior to issuance. An Order is rendered when signed by the chair and City Clerk. �i 261 4. All board meetings shall be open to the public. {00351419.9 306-9001821} ii r s I I J 1 � 26F r. 26Sec. 27-7. Powers. '4 26 1. Nothing in this article shall be construed as restricting or curtailing any of the powers of the C 26 City Commission,or as a delegation to the board of any of the authority or discretionary powers 26 vested and imposed by law in the City Commission. The City Commission declares that public 261 interest, convenience and welfare requires the appointment of the following boards or 26 committees to act in a purely advisory capacity to the City Commission for the purposes set 26 forth in this article. Any powers delegated here to the board to adopt rules and regulations shall i r 27 not be construed as a delegation of legislative authority, but purely of administrative authority. i 27 (a) Compensation. No member of a board or committee shall receive any pay or I 27 compensation for any services rendered as a member of such board. 27 2. Each board shall periodically advise the City Commission of its findings with respect to A 27 certain matters delegated to each board and shall make recommendations to the City lj 4 271 Commission on any matter referred to it within thirty (30) days or within such time as r, 2Z prescribed by the City Commission by specific resolution. 27 27 See. 27-8. Quasi-judicial proceedings before city board; procedure for 27 reconsideration of decision. 28 1. For the purpose of this Chapter, the term "quasi-judicial proceeding" shall mean hearings 281 before the Historic Preservation Board, the Planning Development Board, or the Building 282 Board of Adjustments and Appeals, related to the following specific types of proceedings: 28 variances; rezoning requests; appeals from administrative decisions of the building official or f 284 the planning director; master plan approvals; site plan approvals; modifications of site plans; 4k 28 relief from code requirements; conditional use approvals; site plan extensions; abandonment 28 . applications; and, other land development matters announced as quasi-judicial hearings. 28 2. Quasi-judicial hearings shall be conducted in a manner which provides all interested parties i 28E with the opportunity to testify, call witnesses, introduce evidence and cross-examine 28S witnesses. Testimony shall be under oath or affirmation. When a proposed development order 29 comes before the City Commission having first been afforded a quasi-judicial hearing before 1 29� a city board,the testimony and evidence submitted to a city board constitutes part of the record 29 of testimony and evidence before the City Commission. r� (00351419.9 306-9001821) �2 s 9 ff 5> I 29 3. No quasi-judicial proceeding shall proceed until proof of notice of the proceeding, in 29 affidavit form, has been filed with the office of the City Clerk. Proof of notice must include ,? 29' the name and address of each property owner to whom notice was mailed and a photograph of 29 each sign posted, as hereinafter required. The following notices must be paid for and provided i 29 by the applicant: l" 29 (a) All property owners, homeowner associations, and condominium associations that 29S own property within four hundred (400) feet of the boundary line of the property 30 which is the subject of the quasi-judicial hearing shall be mailed, by first class mail, 3 1 a notice of hearing postmarked no less than ten (10) calendar days prior to the 1i 3 hearing. 3 E (b) One (1) sign for each street frontage of the property shall be posted no less than ten 3 (10) days prior to the hearing. The sign shall be legible from a distance of one 30 hundred (100) feet and shall contain a description of the approval being sought,the I, 30 date, time and location of the hearing, and a statement that the application being r 301 considered is available for inspection in the Development Department of the city. 3 (e) When a quasi-judicial hearing is tabled or continued at the request of an applicant, 30 re-notice of the hearing shall be provided by the applicant in the same manner as t' 31original notice. 311 4. The City Commission may reconsider its decision arising from a quasi-judicial proceeding 31 only upon a motion to reconsider made at the meeting at which the decision was rendered or r 31 during the next regular City Commission meeting. No quasi-judicial decision shall be s 31 considered final until the conclusion of the next City Commission meeting, or if a motion to 31 reconsider has been made and passes, the conclusion of the reconsideration of the matter, and 31 the entry of a written order approved by the City Attorney and signed by the City Clerk. 31 (a) When a motion for reconsideration is made and approved at the Commission 31 meeting at which the decision was rendered, the Commission may immediately ' 31 reconsider the matter before them or,the Commission may reconsider the matter at d 32 a later time :ertain which shall be announced, at the meeting, to the applicant and 32 the public. No additional notice of the matter shall be necessary. 3 (a) When a motion for reconsideration is made following the close of the Commission 3 meeting at which the decision is made, only the motion to reconsider shall be heard 3; at the next regular City Commission meeting. If the motion to reconsider is adopted (00351419.9 306-9001821) 10 art 'sk 32 by the Commission,the matter which is the subject of the motion to reconsider shall 32 be placed on the next regular City Commission meeting agenda. The agenda item 32 shall be noticed in the same manner as the notice provided when the item was 32 originally considered. 32 (b) Any board may reconsider its decision arising from a quasi-judicial proceeding only '4 33 upon a motion to reconsider at the meeting at which the decision was rendered. 33 $ s 33 t 33 Sec. 27-9. Boards and committees to follow CCNA. 33e Any city boards or committees and the like which have purchasing authority independent of 33 the City Commission, the purchases of such bodies which are subject to the Consultants' 33 Competitive Negotiation Act ("CCNA") shall be processed in accordance herewith; however, ti 33 the board or committee, or the like will itself perform the functions set forth herein that are 3 t � 33 otherwise applicable to the City Commission. 33 34C See. 27-10—27-19. Reserved. t 34 34 ARTICLE II. BOYNTON BEACH ART ADVISORY BOARD i 34 See. 27-20. Membership. 34e Appointees to the Art Advisory Board shall be residents or business owners preferably 34E with the following background: artist, art volunteer/activist; planner; private developer; 34E architect; neighborhood association member; interested citizen. 34 34 See. 27-21. Intent. 34 I. It is the intent and purpose of this article to further the commitment of the city to the 4, 35 aesthetic, historical, cultural and economic enrichment of the community through the creation 351 of works of art so that citizens and visitors to the city are afforded an opportunity to enjoy and 35 appreciate works of art. The requirements of this article shall be construed to promote the 35 aesthetic values of the entire community and to encourage the preservation and protection of 35 works of art. 35 2. This article shall be known and cited as the "Art in Public Places Program." {00351419.9 306-9001821} 11 s' ii t E 35 I 3. Ownership. Unless otherwise expressly agreed to in writing by the city, ownership of all art 35 acquired through expending funds in the Public Art Fund shall be owned by the city according 35 to the Art Advisory Board's Recommendations and Guidelines. 35 36 See. 21-22.Definitions. r ` � t 36 1. For the purposes of this section, the following words and phrases shall have the following 36 meanings: 36 (a) "Artist" or "Professional Artist" means a practitioner in the visual arts, generally 36 _ recognized by critics and peers as a professional of serious intent and ability. 36 Indications of a person's status as a professional artist include, but are not limited 36 to, income realized through the sole commission of artwork, frequent or consistent 36 art exhibitions, placement of artwork in public institutions or museums, receipt of C " 36 honors and awards, and training in the arts. 36 (b) "Art", "Artwork", or"Works of Art" means tangible creations by artists exhibiting ;4 rt [ 37 the highest quality of skill and aesthetic principles and includes all forms of the t 37 visual arts conceived in any medium, material, or combination thereof, including, 37 but not limited to,paintings,sculptures,engravings,carvings,frescos,stained glass, 37 mosaics, mobiles, tapestries, murals, photographs, video projections, digital 37 images, bas- relief, high relief, fountains, kinetics, collages, drawings, monuments 37 erected to commemorate a person or an event, functional furnishings, such as artiste 37 designed seating and pavers, unique or original architectural elements, and artist 371 designed landforms or landscape elements. The following shall not be considered I r 37 artwork or works of art for purposes of this article: 37 i. Reproductions or unlimited copies of original artwork. I; 38 ii. Art objects, which are mass-produced. { i 38 iii. Works that are decorative, ornamental, or functional elements of the I � I38 architecture or landscape design, except when commissioned from an artist 38 or designed as an integral aspect of a structure or site. 38 (c) "Building" means any structure that encloses space and is used or built for the 38E shelter or enclosure of persons, businesses, chattel or property. k 38 (d) "Development" means any construction, or redevelopment, or structural alteration g 38 of any private or public building within the limits of the city. t {00351419.9 306-9001821} C 12 t { s 38 (e) "Arts Commission" or"Art Advisory Board"means the advisory board established 38 by the City Commission pursuant to Ordinance 01-64, renamed to Arts Advisory 39 Board in Ordinance 2020-XX. 39, (f) "Public Art Fund" means a separate, interest bearing account set up by the city to w' 39 receive monies for the Art in Public Places Program. v 39 (g) `Remodeling or conversion" means alterations made to a building within any 39 1 twelve month period, including, but not limited to, changes to the facade of a ' 39 building, changes to the interior of a building, increases or decreases in the floor i i 39 area of a building and changes to exterior improvements. ' { 39 (h) "In-fill Housing" means new residential units on parcels less than five (5) acres 39 p approved P P y y that are not art of an a roved Tanned unit development as defined b the cit 39 land development regulations. 40 - t 40 Sec. 27-23. Art Advisory Board Meetings. 40 1. The Art Advisory Board shall meet at an appropriate place and shall arrange a time for 1 40 holding regular meetings of the Art Advisory Board, and for such other meetings as shall be 40- necessary, and it may add to such rules of organization, regulation and procedure as it may 40E deem necessary and determine the duties of its members and officers. 406 2. The Boynton Beach Art Advisory Board shall function and operate as outlined in the City 40 , of Boynton Beach's Ordinance No. 01-64. 40 40 Sec. 28-24 Purpose and Duties. 41 1. The purpose of the Art Advisory Board is to advise the City Commission on matters related 1 41il to the arts, to develop a plan and programs to promote and support art in public places, and to 412 recommend guidelines and funding for implementation. It shall be the duty of the Art Advisory ` 41 Board to act as an advisory board to the City Commission in providing advice on matters 41 relating to the visual arts. 41E 2. The Art Advisory Board may recommend funding sources including private sources and 41 grant funds; encourage public and private partnerships in the arts; review and make �r 411 recommendations on proposals for art work for public buildings and public spaces; encourage 419 the flow of art into the City; stimulate art related activities and events; study issues related to " 41S art and implement art programs as delegated to it by the City's Commission from time to time. {00351419.9 306-9001821} ti IJ r. �`t } 1 �U a i 42 3. The Art Advisory Board shall periodically advise the City Commission of its findings or i 4211 proposals with respect to the foregoing issues and make recommendations to the City 42 Commission on any matter referred to it within as much time prescribed by the City >>' 42 Commission. 42 4. The Art Advisory Board shall have the following additional powers and duties: ti 42 (a) Recommend to the City Commission adoption of Art in Public Places Program 42 Guidelines and amendments thereto; 42 (b) Recommend to the City Commission adoption of a Public Art Master Plan I 42� identifying locations for public artworks and establishing a priority order; 42 (c) Recommend to the City Commission authorization of expenditures for maintaining 43 and implementing the Art in Public Places Program; {' 43 (d) Recommend to the City Commission other expenditures of the Public Art Fund 43 such as hiring staff and services to run the Art in Public Places Program; 43 (e) Exercise their authority to approve, approve with conditions or disapprove ° � G 43e proposed installation of artwork based on Art in Public Places Program Guidelines; 43E and 43 (f) Advance, through education and communication, the Art in Public Places Program 43�i Guidelines. The guidelines are attached to Ord. No. 05-060 as Exhibit "A". s 43 43 Sec. 27-25. Establishment of public art fee. 4 1. All development, redevelopment, reconstruction or remodeling projects commenced after 4 the adoption of this article which have a construction value of$250,000.00 or greater, shall 1 4 participate in the Art in Public Places Program by paying a public art fee. For the purpose of i 4 this section, a project will be considered "commenced" when an application for review is first 4 1 submitted to the city's Development Department. The public art fee shall be equal to one i 41 percent (1%) of construction value of the project. The Building Division/Finance Department 44 shall administer the billing and collection of the thirty percent(30%)or(.03)of the one percent i 4 (1%)of the public art fee at the time of Building Permit issuance and the seventy percent(70%) 44 or (.07) of the one percent (1%) prior to and as a condition of issuance of the certificate of 44S occupancy that includes the public art. One hundred percent (100%) of the public art fees 45, collected are to be allocated to the Public Art Fund. All distributions for the Public Art Fund 451 require the recommendation of the Art Advisory Board prior to City Commission approval. (00351419.9 306-9001821) r ( 1s, 14 i i I � r 6 4 2. The following types of projects are exempt from the payment of the public art fee: 4 (a) Remodeling, repair or reconstruction of structures damaged by fire, flood, wind, 4 earthquake or other calamity determined by the City of Boynton Beach Building It, 4 Official. 4 b The percent of the project dedicated to affordable housing as defined by the City of t 4 - Boynton Beach. 4 E (c) All projects which were submitted prior to or on October 5, 2005, notwithstanding any 4 subsequent request for site plan extension. 1 4 (d) Single-family and two-family in-fill housing. 4 1 (e) Normal, routine maintenance including replacement of existing damaged or failing 46 structural or non-structural elements, HVAC, plumbing, electric, or fire 4detection/suppression equipment of a project not associated with an addition 46 renovation or new construction. 4 (f) Remodeling, repair, reconstruction, or additions made after October 5, 2005 to any 46 6 existing amenity, clubhouse, building, pool, park, playground and/or common area 46 7 element located within an existing private residential development. This specific 4 E exemption applies retroactively to October 5, 2005. 4 3. Project owners required to participate in the Art in Public Places Program may obtain � 4 reimbursement up to seventy percent(70%) of collected art fee if the following conditions are Ir 4 1 met: 4 (a) The owner of a development agrees to follow the Art Advisory Board's 4 recommendations to develop the art in the project; and I�} 4 (b) Prior to placement on the development site, has the artwork approved by the Art 4 Advisory Board to insure that the artwork will be accessible and readily visible to the41 V r 4 public based on location of artwork and normal traffic of vehicles/pedestrians in the 4 proposed location; and 4 (c) Select an artist directly to execute a project that meets specific criteria outlined by the 4 9 recommendations and guidelines document provided by the Art Advisory Board or 4 0 hire a professional consultant to select artists to commission site- specific, � 4 1. architecturally integrated artworks that meet specific art guidelines criteria outlined by r 4 - the recommendations and guidelines document provided by the Art Advisory Board; 4 or purchase artworks for permanent installation recommended by the Art Advisory is {00351419.9 306-9001821) 15 ' S yy 13 i i I it 4 Board; or elect to purchase an existing artwork or commission an original artwork for 4 donation as a gift to the City of Boynton Beach's public art collection. 4 c t 4 Sec. 27-26. Public Art Fund. C� 4 1. There is hereby created a Public Art Fund administered by the Art Advisory Board. 4E Funding shall consist of all contributions received from art fees for development and 4S redevelopment. Contributions shall include one percent (1%) of construction value on 1; 4S projects exceeding $250,000.00, any cash grants and donations to the city for public art 4SI projects from governmental or private resources, and all other funds allocated by the city 4S through the budgetary process for the provision of public art. ti 49Z 2. Expenditures from the Public Art Fund shall include but not be limited to expenses ti 4 associated with the selection, commissioning, acquisition, transportation, maintenance, 4 public education, promotion, administration, program marketing, documentation, removal �r 4 and insurance of the works of art or in relation thereto. The Art Advisory Board can c 4 E recommend to the City Commission expenditures from the funds in furtherance of the Art 4 in Public Places Program. 5th 3. Disbursements of the public art fee shall be seventy percent (70%) to the construction of 5 1 art in a given project and thirty percent(30%) for the administration of the Art in Public 5 Places Program and a(endowment or reserve fund) for future work as described in the Art 5C Advisory Board's Guidelines and Recommendations. 5 ' 5C Sec. 27-27. Art Advisory Board's Guidelines and Recommendations. �i 5C 6 1. The Art and Artist selection criteria shall be in compliance with the Art Advisory Board's 5C 7 Guidelines and Recommendations. 5 E 2. Guidelines. The Art Advisory Board shall prepare and from time to time recommend to the 5 City Commission revisions to the Art in Public Places Program Guidelines and make the same 5] available to the public, which shall provide guidance for program organization; organizational 5 governance and staffing responsibilities; procedures for project planning; artist selection; art 5 selection criteria; art placement criteria; donations; loans and memorials; collection r 51 management; and administration of the Public Art Fund. I {00351419.9 306-9001821} 16 �r i { f f3 511 3.Location Plan. The Art Advisory Board shall prepare, and from time to time revise, a Art in 51 Public Places Program Location Plan that identifies locations and criteria for public artworks ` 51 and establishes a priority order. c i j 51 51E See. 27-28—27-32. Reserved. 51 { l 52 ARTICLE III. BOYNTON BEACH LIBRARY BOARD 521 See. 27-33. Purpose and Duties. 52 1. Subject to the control and direction of the City Commission, the Library Board: { 52 (a) Shall act in an advisory capacity (non administrative) to the City Commission, to h { 1 52 assure representation of the ideas of citizens and taxpayers of the City relative to 52 I the function and operation of municipal libraries and reading rooms in the City,and �F 520 such advisory assistance shall include, but not be limited to, recommendations ;f 5 relative to control of expenditures of moneys collected or donated to the credit of �! i 52E any municipal library in this City, and the supervision, care and custody of the 5 grounds, rooms, property and buildings constructed, leased or set aside for 5 municipal library purposes. y. 53 (b) Shall make recommendations for the appointment of a suitable librarian and 5J, assistants and their respective rates of compensation; establish regulations for the N 4s 5 government and control of any municipal library as may be deemed necessary for ; 5 its preservation and to maintain its usefulness and efficiency; fix and impose by 5 general rule.,penalties and forfeitures for failure to return any book or for violation i 5 of any by-laws or regulations of the board. 5 c Shall annually In an advisory capacity assist the City manager in preparing a budget 53 for the maintenance and expansion of municipal library facilities. 5 (d) Shall keep records, inventories and accounts, budgetary or otherwise, of all of the 54 activities of the board and the municipal library system and make reports to the City 5 Manager and the City Commission relative thereto annually or whenever requested 54 to do so by the Commission. 54 5 27-34—27-38. Reserved. 54 (00351419.9 306-9001821) 1 y 17 C ii 54 ARTICLE IV. PARKS AND RECREATION BOARD € 54 27-39. Powers and duties. 543 1. Subject to the control and direction of the City Commission,the Parks and Recreation Board: � r � 54 (a) Shall act in an advisory capacity (non-administrative) to the Recreation and Parks 55)1 Department, to assure representation of ideas of citizens who are interested in 55 promoting better recreation and park facilities and programs for the City. Such { C 55� advice shall include but not be limited to site locations, development, supervision 55 and maintenance of public recreation and parks of the City. f 55 (b) May acquire by gift or donation, any property for public recreation or park j 55 purposes.Any gifts or donations acquired shall go through the Recreation and Parks 5551Department and shall become the property of the City, and title of any real property 557 so acquired shall be taken in the name of the City. E 55 i i 57 Sec. 27-46. Purpose and Duties. 57 1. The Senior Advisory Board shall assist the elderly in: 58 4 (a) Setting up a retired senior volunteer program known as RSVP to provide services r' 58 for the homebound; ' h 58 (b) Seeking federal and state grants to provide for services; i 58 (c) Monitor and lobby for legislation regarding the elderly; ('H 58, (d) Make arrangements for the medical mobile unit already in operation in Palm Beach 6 k 58 � County to bring it to the City of Boynton Beach; � zY 585 (e) Provide a pamphlet of available programs for seniors; 587 (f) Provide a speakers bureau, workshops and educational meetings on topics of 583 interest for seniors; 58 (g) Recommend free legal programs and banking services for the homebound; s 59 (h) Provide recreation and social programs. 'c 59 59 Sec. 27-47 —27-51. Reserved. t` 5931 ARTICLE VI. EDUCATION AND YOUTH ADVISORY BOARD it 59 595 Sec. 27-52. Created. 590 The City Commission, in accordance with the powers vested in it, merged the Children C 59 and Youth Advisory Boards and the Education Advisory Board and established the Education ' 59 and Youth Advisory Board. All powers, duties, and responsibilities of the Education Advisory ° 59 Board shall survive and be deemed merged and consolidated with the powers, duties and 60 responsibilities of the Children and Youth Advisory Board. All previous actions of the V 60t Education Advisory Board shall survive this consolidation unless specifically revoked by the 60 Children and Youth Advisory Board. f� 60 60 See. 27-53. Organization. 60 The Children and Youth Advisory Board shall comprise seven (7) permanent members, u 60 two (2)alternate members and three (3) student members. The three (3) student members shall 4, 60 be appointed for a period of one (1) year. 60 t 60 Sec. 27-54. Purpose and Duties. ' a {00351419.9 306-9001821} 19 '� I � t i t 611 1. The Education and Youth Advisory Board shall assist the City and local schools in: 61 (a) Development of programs that promote ongoing relationships with caring adults 61 and the recruitment of volunteers to assist students before, during and after school. 61 (b) Formulation of long and short range programming to benefit the children and youth } 61 of the community by involving parents, the business community, civic and 6151neighborhood organizations, including volunteer recruiting for before and after 61 local school programs. 61 (c) Contact community groups and businesses within the geographical boundaries of ` 6181Boynton Beach for professional skills, materials,financial or education support for } 61 the schools and with the purpose of implementing programs at local schools that 62 benefit students from Pre- K through grades 12 and vocational schools. { 62 . (d) Development of incentives and enhancements to encourage the development of safe 2 s , 62 places, including improved playgrounds at or near local schools and structured k 62 activities during non-school hours. i 62 (e) Coordinating with City's parks and recreation department to improve playgrounds 62 at or near local schools. 62 (f) Identification and dissemination of information on local, county, state and federal i tY 62 programs that provide beneficial services to children and their families. 62 (g) Developing strategies for communicating with the School Board of Palm Beach 62 County and its staff,advising the City Commission as to the activities of the School 63e Board, and other federal, state and local legislative bodies which affect the needs 63 of students, within the city. 63 i. Developing recommendations to the City Commission for forwarding to the i 63 School Board of Palm Beach County regarding actions which may be taken 63 in support of schools in Boynton Beach and with respect to proposed 63 legislation at the state level. (, i 63 (h) Development of child and youth advocacy programs. 63 (i) Developing public relations that highlight successful programs within the schools 63 to help improve their image in conjunction with local media. 63 0) Coordinating with the local police department to improve safety for students before, 64 during and after school, and to promote and enhance the relationship between is 641 children and local police. {00351419.9 306-9001821} 20 I i�i 64 u; 643 Sec. 27-55—27-59. Reserved. 't 64 ' 64_ ARTICLE VII. PLANNING & DEVELOPMENT BOARD 645 Sec. 27-60. Membership. 647 1. In appointing members to the Planning and Development Board, the City Commission shall 643 give preference, when possible, to resident professionals such as urban planners, developers, C` 64 realtors, and design professionals licensed in the disciplines of architecture, landscape i 65 architecture, and civil engineering. h 65 2. Should a member of the Planning and Development Board move outside the City limits,the r 65 member shall become disqualified, and a new member shall be appointed by the City 65 Commission. 65 65 Sec. 27-61. Functions, Powers, and Duties. 65 1. The Planning and Development Board shall act in an advisory capacity to the City 4 65 Commission by conducting investigations and holding public hearings regarding the 65 following: 65 (a) Ordinances, regulations, and other proposals promoting orderly development along yl 66 lines indicated as desirable by the Comprehensive Plan; 66 (b) Proposed developments and determination of conformance to the principles and 66 requirements of the Comprehensive Plan and Land Development Regulations; 66 (c) Changes or amendments relating to the boundaries of the City, its zoning districts, i- 661 or future lard use map classifications; 66 (d) Changes or amendments to the text of the Comprehensive Plan or Land 66 Development Regulations; I 66 (e) Other duties which may be lawfully assigned to it, or which may have a bearing on I, 66 the preparation or accomplishment of the plan; 66 (f) Project designs, aesthetics, quality, and impact upon the value of property and the 67 physical environment of the City; and t4+, 67 (g) The promotion of sustainable development activities. 67 67 Sec. 27-62. Meetings. {00351419.9 306-9001821) i 2 ti I t I 67 1. The Planning and Development Board shall meet on the fourth Tuesday of each month 67 unless otherwise rescheduled in connection with holidays, planned absences, or at other such 67 times as the chairperson may determine. 67 (a) On behalf of the board, the City Clerk shall keep minutes of its proceedings, 67 showing the vote of each member on each question, or if absent or abstaining, 67 indicating such fact. i x' 68 (b) No member shall abstain from voting unless he or she has a conflict of interest t 68 pursuant to the provisions contained herein or in accordance with F.S.Chapter 112. x 68 (c) The records of the board shall be filed in the office of the City Clerk and shall be 68 public records. 68 68 Sec. 27-63. Review of Applications. 68 1. Staff shall review each of the following types of applications and requests and make a a 68 recommendation to the Planning and Development Board, who shall have the authority and 1, t 68 duty to hear and make recommendations to the City Commission: �i j 68 l (a) annexation; r r 69 (b) Comprehensive Plan amendments; I 69 e conditional use; rezoning; r t 69 (d) Master Plan (new); t 69 (e) major Master Plan modification; 69 (f) Site Plan; 69 (g) Site Plan time extension; j 69 (h) Major Site Plan modification; 69 (i) Vacation and abandonment; 693 Master Site Plan (new); 69 (k) Major Master Site Plan modification; r 70 (1) Use approval; Waiver(in PID); a r 70 (m)Community Design Appeal; 70 (n) Height exception; 70 (o) Variance to Land Development Regulations; and, 70 (p) Wireless communication facilities (WCF). 70 {00351419.9 306-9001821} S?S' ?4 ?y 22 r ti icy 1 �t 70 Sec. 27-64. Action. 41 �l ;r 707 1. No action of the Planning and Development Board shall be considered a final action of the 70 City until ratified by the City Commission. The procedure for ratification shall be as follows: ti 70 (a) All matters which have been reviewed and acted on by the board shall be 71 summarized in writing as a proposed development order. The form of the 71 proposed development order shall be approved by the City Attorney. 71 (b) All proposed development orders shall be submitted to the City Commission at 71 a regular City Commission meeting following action by the board. When a 71 legislative item, such as a land use amendment, is consolidated with a quasi- 4 3, 71 judicial item, such as a rezoning, both items shall proceed using the quasi- t 71 judicial process, but consolidation shall not alter the legal standard for review, 71 or the burden of proof. ; 71 (c) The City Commission may table a proposed development order to ensure that 71 proper notice and opportunity to be heard is provided to the applicant, the a, 72 public, and any other interested parties. All documents and evidence that were 72 submitted to the Planning and Development Board constitute part of the record 72?- of the proceeding before the City Commission and it is presumed that the City E 723 Commission accepted and considered the documents and evidence in its 721 consideration of the issues before the Commission. �a 72- (d) Following approval of a development order by the City Commission, the City J 72 Clerk shall date and sign the development order and issue it as a final order. 72 72 Sec.27-65. Terms and Definitions. C� 72 See Part III, "Land Development Regulations", Chapter 1, "General Administration", Article 73 II, for all applicable terms and definitions which pertain to the regulations and standards 73 contained herein. o. 73 73 Sec. 27-66—27-70. Reserved. 73 y 73 ARTICLE VIII. HISTORIC RESOURCES PRESERVATION BOARD i 73 ,, { 73 Sec. 27-72. Membership. r {00351419.9 306-9001821) 1 23 1 s 7313 1. Where possible, a minimum of two(2) members shall be chosen from among the disciplines 739 of architecture, history, architectural history, archaeology, landscape architecture or planning. 74 A minimum of three (3) additional members of the board shall be experienced in the areas of 17 74 commercial development, real estate, banking or law. The two (2) remaining members shall s 74 be citizen members at large. 1 74 (a) All members shall have demonstrated a special interest, experience or knowledge _ 74 in historic p.eservation or closely related disciplines. Ij 74 (b) Persons serving on the board are encouraged to attend educational meetings or 74 workshops to develop a special interest, expertise, experience or knowledge in 747 preservation, architecture, or quasi-judicial boards. C' 74 - (c) The City may appoint a professionally qualified historic preservation planner to 74 advise and assist the board, carry out delegated responsibilities, and undertake the 75 � requirements for Certified Local Government certification. 75 75 Sec. 27-73. Meetings. 75 1. The board shall hold a minimum of four(4) meetings per year at regular intervals. All ill 75 meetings of the board shall be publicly announced and will have a previously advertised 75 agenda. The meetings shall be open to the public. 75 (a) Planning and Zoning staff shall attend all meetings, acting in an advisory capacity 757 and participating fully in board discussions, but having no right to vote. 75 (b) Summary minutes will be prepared and made available to the public after 75 adoption by the board. G 76 76 . Sec. 27-74. Powers and Duties. 76 1. The board shall have the following powers and duties within the incorporated City limits of k l 76 Boynton Beach, Florida: 1 76 (a) The Historic Resources Preservation Board shall act in an advisory capacity to the , 76 City Commission and shall provide recommendations to the City Commission 76 regarding the following: 'i I 76 i. Nomination of properties and districts to the National Register of 76 Historic Places,as a required duty of being a certified local government. 1� j {00351419.9 306-9001821) f 24 t, s 76 ii. Nominations of properties and districts to the Boynton Beach Register 't 77 of Historic Places. 77 iii. Adoption, modification, or replacement of a Design Guidelines 77 Handbook. 77 (b) To hold public hearings and to approve or deny applications for certificates of 77 appropriateness or certificates of economic hardship affecting proposed or a. 77 designated properties or properties within districts; 77 (c) To advise and assist owners of properties on physical and financial aspects of ;r 77 preservation, renovation, rehabilitation and reuse, and on procedures for inclusion (` 77 in the National Register of Historic Places; 77_ (d) To call upon available City staff members as well as other experts for assistance `r 78 and/or technical advice; 78 (e) To authorize a member of the board to testify before a board or committee on any ;? 78 matter affecting historically, culturally, archaeologically, and architecturally I,s 78 significant properties and resources; 78 (f) To confer recognition upon the owners of properties and districts by means of 781 certificates, plaques or markers; i } 78 (g) To recommend amendments or changes to these Regulations; r 78 (h) To inform and educate the citizens of the City concerning the historic, cultural, xt 78 archaeological, and architectural heritage of the City; and 78 (i) To participate in survey and planning activities of the Certified Local Government; j 4v 79 (j) To coordinate with the State of Florida's Division of Historical Resources Certified 79 Local Government program by satisfying the following requirements: �q 79 i. The State Historic Preservation Officer shall be given thirty (30) s: 791 calendar days prior notice of all meetings and within thirty (30) days ; 79 f,)Mowing such meetings shall be provided with the minutes and record t 79 of attendance of the Historic Resources Preservation Board and the 79 public. 79 ii. The State Historic Preservation Officer shall be notified of any changee 79 of Historic Resources Preservation Board members within thirty (30) 79 days of their appointment. t' {00351419.9 306-9001821} 'i 25 r 1 f l� �r 80 iii. Notify the State Historic Preservation Officer immediately of all new t` 80 historic designations or alterations to existing designations. a 802 iv. Submit amendments to the ordinance to the State Historic Preservation 80B Officer for review and comment at least thirty (30) days prior to 804 adoption. 80 V. Submit an annual report by March 1 covering activities of the previous 80i October 1 through September 30 and shall include the following � 80 information: y; 80 A. A copy of the Rules of Procedure; r 80 B. A copy of the Historic Preservation Ordinance; s 81 C. Resumes of the Historic Resources Preservation Board members; 811 D. Changes to the Historic Resources Preservation Board 812 membership; i 81 E. New local designations and National Register listings; i] 1 81 F. A review of survey and inventory activity with a description of the 81 system used; r 81 G. A program report on each grant-assisted activity; and 81 H. Number of projects reviewed. 81 (k) To undertake any other actions or activity necessary or appropriate to the �4 81 implementation of its powers and duties or to implementation of the purpose of 82 these Regulations. I, 82 j 82 See. 27-75—27-79. Reserved. 82 } 821 ARTICLE IX. BUILDING BOARD OF ADJUSTMENTS AND APPEALS �ak 82 82 See. 27-80. Powers and duties. 82 Pursuant to Section 553.80, Florida Statutes, as may be amended, the Florida Building 82 Code, and the Boynton Beach Administrative Amendments of the Florida Building Code, the 82 Building Board of Adjustments and Appeals shall have the power,as further defined in Section l: 83 113.4, of the Boynton Beach Administrative Amendments of the Florida Building Code, to 831 hear appeals of decisions and interpretations of the building official and consider variances of i (00351419.9 306-9001821) S t 26 1 r sir r ' 83 . the Florida Building Code and other technical codes. See Boynton Beach Administrative 83 Amendments to the Florida Building Code 6th Edition (2017). .a 83 83 Sec. 27-81. Secretary of board. ,4 83 The building official or his/her authorized representative shall act as secretary of the board 83 and shall make a record of all of its proceedings, which shall set forth the reasons for its 83 E decision, the vote of each member, the absence of a member, and any failure of a member to 83 vote. i 84 s 84 Sec. 27-82. Membership. �rt 84 Board members shall be composed of individuals with knowledge and experience in the t 84 technical codes to include, to the greatest extent possible, an architect, engineer, general 84 contractor, electrical contractor, HVAC contractor, plumbing contractor, and any other 84 contractor licensed category. In addition to the regular members, there should be two alternate 84t members, one member with the qualifications referenced above and one member at large from �4 84 the public. 84 E ;r 84 Sec. 27-83. Appeals. 85 1. Decision of the building official. The owner of a building, structure or service system, or C 85 duly authorized agent, may appeal a decision of the building official to the Building Board of < 85 Adjustments and Appeals whenever any one of the following conditions are claimed to exist: 85 (a) The building official rejected or refused to approve the mode or manner of 85 construction proposed to be followed or materials to be used in the installation or t 85 alteration of a building, structure or service system. 1, 85 (b) The provisions of this code do not apply to this specific case. 85_ (c) That an equally good or more desirable form of installation can be employed in any 85 specific case, which the building official has rejected or refused. 85 (d) The true intent and meaning of this code or any of the regulations hereunder have � i7 86 been misconstrued or incorrectly interpreted. 86 86 Sec. 27-84. Variances. (00351419.9 306-9001821) i �S 27 i i J t { t%i t` l ti 86 I. The Building Board of Adjustments and Appeals, when upon written request, has been so 86 appealed to and after a hearing, may vary the application of any provision of this code to any �s 86 particular case when, in its opinion, the enforcement thereof would do manifest injustice and 86 - would be contrary to the spirit and purpose of this or the technical codes or public interest, and ti 86 also finds all of the following: �. 86 (a) That special conditions and circumstances exist which are peculiar to the 86 building, structure or service system involved and which are not applicable to 87 others. �4 87 (b) That the special conditions and circumstances do not result from the action or 872 inaction of the applicant. 87-31 (c) That granting the variance requested will not confer on the applicant any special 874 privilege that is denied by this code to other buildings, structures or service 87 system. 87 (d) That the variance granted is the minimum variance that will make possible the 87 - reasonable use of the building, structure or service system. 87 (e) That the grant of the variance will be in harmony with the general intent and 87 purpose of this code and will not be detrimental to the public health, safety and 88 general welfare. �G f 88 8K Sec. 27-85. Conditions of the variance. In granting the variance, the board may prescribe a it 88 reasonable time limit within which the action for which the variance is required shall be 88 commenced or completed or both. In addition, the board may prescribe appropriate conditions > 88 and safeguards in conformity with this code. Violation of the conditions of a variance shall be 88 deemed a violation of this code. 88 88 . Sec. 27-86. Notice of appeal. Notice of appeal shall be in writing and filed within 30 calendar 88 days after the building official renders the decision. Appeals shall be in a form acceptable to 89 the building official. I 89 89 Sec. 27-87. Unsafe or dangerous buildings or service systems. In the case of a building, 893 structure or service system, which in the opinion of the building official, is unsafe, unsanitary {00351419.9 306-9001821) {f s 28 t {1 I Vis, i% E 89 or dangerous,the building official may, in the order, limit the time for such appeals to a shorter 89 period. ii 89 is c 89 Sec. 27-88. Procedures. 89 1. Rules and regulations. The board shall establish rules and regulations for its own procedure 89 not inconsistent with the provisions of this code. The board shall meet on call of the chairman, 90 subsequent to a request to call a meeting by the secretary. The board shall meet within 30 �r 90 : calendar days after notice of appeal has been received. 90 (a) Rules of Evidence. Formal rules of evidence shall not apply, but fundamental due 90 process should be observed and govern the proceedings. Upon determination by the 90 chairman, irrelevant, immaterial or unduly repetitious evidence may be excluded, but Vf a: 90 all other evidence of a type commonly relied upon by reasonable, prudent persons in 5 s 90 the conduct of their affairs shall be admissible, whether or not such evidence would be 90 admissible in a trial in the courts of Florida. Any part of the evidence may be received i 90 in written form. The board may request certain evidence from the petitioner to be 90 provided by an architect or engineer registered in the State of Florida, in which case, 91 said evidence shall be signed, sealed, and dated. 91- (b) Testimony. Any member of the board or the attorney representing the board may r 91 inquire of, or question, any witness before the board. Any member of the board, the i 91 petitioner or his/her attorney, and/or the building official shall be permitted to inquire 91 of any witness before the board. The board may consider testimony presented by the 91 building official, the petitioner, or any other witness. 91 2. Decisions. The Building Board of Adjustments and Appeals shall, in every case, reach a 91 decision without unreasonable or unnecessary delay. Each decision of the board shall also i` 91 include the reasons for the decision. If a decision of the board reverses or modifies a refusal, 91 order, or disallowance of the building official or varies the application of any provision of this 92 code, the building official shall immediately take action in accordance with such decision. n 92 Every decision shall be promptly filed in writing in the office of the building official and shall 9212 be open to public inspection. A certified copy of the decision shall be sent by mail or otherwise k 92 to the appellant and a copy shall be kept publicly posted in the office of the building official 92 for two weeks after filing. Every decision of the board shall be final; subject however to such fi 92 remedy as any aggrieved party might have at law or in equity. P, 00351419.9 306-9001821) �i t � 29 i` 9 3. Local Construction Regulation Board. The local government may also utilize this Board to 9 convene as the Local Construction Regulation Board (LCRB), as provided in Florida Statute 9 489.113. The LCRB may deny, suspend, revoke or limit the authority of a certified contractor a 9 to obtain a building permit or permit with specific conditions, if the LCRB has found such 9 contractor, through public hearing, to be guilty of fraud or a willful building code violation 4; 9 within the county or municipality that the LCRB represents. The LCRB may also, deny, 9 suspend, revoke or limit the authority of a certified contractor to obtain a building permit or 91 permit with specific conditions, if it has proof through the public hearing process, that a g i' 9 contractor has been found guilty in another county or municipality within the past 12 months, 9 of fraud or a willful building code violation and after providing notice of an opportunity to be 9 heard to the contractor, finds that such fraud or violation would have been fraud or a violation E 5, 9 if committed in the county or municipality that the LCRB represents. Notification of and t; 9 information concerning such permit denial shall be submitted to the division within 15 days 93 after the LCRB decides to deny the permit. 9 9 _ Sec. 27-99. City Commission. 1 9 1. Local Planning Agency. The City Commission is hereby designated as the city's local 9 planning agency to act on behalf of the city under the terms and provisions of the local l 9 government Comprehensive Planning Act, having the general responsibility for overseeing a 9 � comprehensive planning program and the preparation and amendment of the Comprehensive 9 6 Plan or elements or portions thereof applicable to the areas under the jurisdiction of the city as ti 9 provided in said Act. s 9 2. Finality and Revie-N. All decisions of the Planning and Development Board shall be 9 advisory to the City Commission. Once final, a decision may be reviewed by the filing of a 9 Petition for Writ of Certiorari in the Circuit Court of the 15th Judicial Circuit in and for Palm 991 Beach County, Florida, and in accordance with the procedure and within the time provided by , 9 court rule and such time shall commence to run from the date of the decision sought to be g 9 reviewed. 9 9 27-100—27-104. Reserved. 9 9 ARTICLE X. APPEALS {00351419.9 306-9001821} 1 30 i j ,i k s' { s 9E See. 105. Administrative Official. 95 1. Eligibility. Appeals of a decision of an administrative official may be taken by any person 9E aggrieved, or by any officer, board, or bureau of the governing body affected by any decision I1 9E of an administrative official under any ordinance enacted pursuant to the Land Development 9 Regulations. 9 2. Filing. Appeals of a decision of an administrative official, excluding the Building Official, 9 shall be filed within fifteen (15) calendar days after rendition of the order, requirement, C' 9 decision,or determination made by the administrative official. For appeals of a decision made 9 by the Building Official, the notice of appeal shall be in writing and filed within thirty (30) 4 9 calendar days after such decision is rendered. When necessary, a current certified survey and 9C 8 a fee as adopted by resolution of the City Commission, plans, drawings, documents and/or 9 other material constituting the record upon which the action was taken shall be collected by 9 0 the administrative official and, together with the completed appeal, forwarded to the 9 1 appropriate appeal board for placement on the board's next available agenda. 9 3. Stay of Work. Upon posting of acceptable surety (see Chapter 2, Article 111, Section 6) by 9 the appellant in an amount equal to one hundred ten percent (110%) of the potential costs of 9 delays and damages as certified by a design professional, all work on the premises and all 9 . proceedings in furtherance of the action appealed will be stayed, unless the administrative i 9 official from whom the appeal was taken, certifies that by reason of facts stated in the i 9 certificate, a stay would cause imminent peril of life or property. In such case, proceedings or �a 9 8 work shall not be stayed except by a restraining order which may be granted by the board or o 9 by a court of record on application, on notice to the officer from whom the appeal is taken and 9 on due cause shown. 9E 4. Assignment ofAppeals. The City Commission or the Building Board of Adjustments and �l 9 Appeals shall review all appeals. The assignment of each is as follows: 9 (a) City Commission. The City Commission shall hear and decide all appeals regarding r 9 the administration, interpretation, or enforcement of any standard, provision, or 9 regulation contained in the land development regulations, except for that which is 1, 9E identified below. 9 (b) Building Board of Adjustments and Appeals. The owner of a building, structure, or i 9 service system,or duly authorized agent may appeal a decision of the Building Official 9 or the Floodplain Administrator,as applicable, in his/her enforcement or administration {00351419.9 306-9001821} I! 31 r fir" S �p z, 99 of Chapter 4, Article IX, Building, Construction and Historic Preservation 991 Requirements; Chapter 4, Article X, Flood Prevention Requirements; or whenever any 992 one (1) of the following conditions are claimed to exist: P 99 i. The Building Official or the Floodplain Administrator, as applicable, rejected 99 or refused to approve the mode or manner of construction proposed to be 99r followed or materials to be used in the installation or alteration of a building, 99 structure, or service system; 99 ii. The provisions of the city's current edition of the Administrative Amendments 1r f 99 to the Florida Building Code do not apply to this specific case; 99 iii. That an equally good or more desirable form of installation can be employed in t 100 a specific case; or 100 iv. The true intent and meaning of the city's current edition of the Administrative 100 Amendments to the Florida Building Code have been misconstrued or 111 1003 incorrectly interpreted. 100 V. An application made by the owner or tenant of a property which operates as a 10 group home is denied. The Building Board of Adjustments and Appeals shall 10 convene within thirty(30)calendar days of the date that a written appeal is filed 10 with the City. If the Building Board of Adjustments and Appeals is unable to 10 convene within 30 days, the appeal may be heard by the City's Magistrate and �? 10 the matter will be added to the agenda of the next available Code Enforcement 101 Hearing date. �1 101 5. Hearing of Appeals. The City Commission or Building Board of Adjustment of Appeals 101 shall fix a reasonable time for the hearing of the appeal, give public notice thereof, as well as 101' due notice to the parties in interest. Upon the hearing, any party may appear in person, by 101 agent or by attorney. 101 6. Review of Administrative Orders. In exercising its powers, the City Commission or the 101 Building Board of Adjustments and Appeals may, reverse or affirm, wholly or partly, or may 101 modify the order, requirement, decision, or determination made by an administrative official 101 and may make any necessary order, requirement, decision, or determination, and to that end, t 101 shall have all the powers of the officer from whose action is being appealed. The concurring 10 vote of a majority of the members present shall be necessary to reverse any order,requirement, s f j (00351419.9 306-9001821) 32 I 5 i k r 102 decision, or deters-nination of any administrative official or to decide in favor of the applicant 102 on any matter upon which the board or commission is required to pass. 102 7. Indemnification. In the event a claim or lawsuit is brought against the city, its officers, V 102 employees, servants or agents, the applicant hereby agrees to indemnify, save, and hold t � 102 harmless the city, its officers, employees, servants or agents and to defend said persons from if 102 any such claims, liabilities, causes of action, and judgments of any type whatsoever arising out I. 102Y of or relating to the appeals from decisions of an administrative official whether the appellant 102 is the applicant or any other party. The appellant agrees to pay all costs, attorney's fees, and 102 expenses incurred by the city, its officers, employees, servants or agents in connection with 103 such claims, liabilities or suits. Nothing contained herein, however, shall act as a waiver of �r 103 any of the city's immunities provided for in F.S. § 768.28. t 103 103 Sec. 106. Building Board of Adjustments and Appeals. G 103 1. Eligibility. Appeals of decisions by the Building Board of Adjustments and Appeals may ° 103 be taken by any aggrieved party affected by a board decision. ° i 103 2. Filing. Appeals for judicial relief shall be filed with the Palm Beach County Circuit Court 103 within thirty (30) calendar days after rendition of a board decision. 103 (Ord. 10-025, passed 12-7-10) 4 103 p; 104 € Sec. 107. City Commission. 104 1 1. Eligibility. Appeals of decisions by the City Commission may be taken by any aggrieved 104 party affected by a City Commission decision. 104 2. Filing. Appeals for judicial relief shall be filed with the Palm Beach County Circuit Court 104 within thirty (30) calendar days after rendition of the City Commission decision. 10 104 Sec. 108. Withdrawal or Denial of Appeal. 1041 1. Refiling After Denial. Upon denial of an application for relief hereunder, in whole or in 10 part, a period of one (I) year must elapse prior to the filing of a subsequent application hs 104 affecting the same property or any portion thereof. i 105 2. Refiling After Withdrawal with Prejudice. Upon the withdrawal of an application, in 105 whole or in part, a period of six (6) months must elapse prior to the filing of a subsequent 105 application affecting the same property or any portion thereof, unless, however, the decision G; (00351419.9 306-9001821) 33 i �ti � } L ( [ � } fR 105^ o{the applicable %/Qsr board is withoaprejudice; and povided ƒR the period of } 105 limitation shall be increased toatwo (2)-year waiting period in the event such an application, [ : 105in whole orypart, has be twice ormore denied o withdrawn. } 1055 \ Refiling\/e Withdrawal without Prejudice. 3n application may be withdrawn without { 7 1057 prejudice by the applicant asamatte o{right; povide the request frwitda»g R in ) 1053 writing and executed in a manner and on oform prescribed b/the Building Board of } }} 105\ Adjustments and Appeals and \|e with ƒcboard 3 |e Ronc (1) geek/Worm any heaWn\ . } ) 106 . scheduled concerningƒcapplication; otherwise, all such requests fo£withdrawal shall be ( 1061 with prejudice. When an application is withdrawnwithout prejudice, the time limitaionsfor ( ) ) 106 re-application provided herein shall nmapy No application may be withdrawn after final � ( } } 1063 action ha been taken. ( } � � ) } � : ) ( ) ( ( ) ( ( } � ) } j ) } ~ � . � r } w � I } � \ | \ � 73514mmG 34 � 7 � � 7 REGULARS & 2 ALTERNATES Established per Ordinance No. 61-2 Two (Two-year)Terms for Regular members Amended per Ordinance No. 20-016 Two (One-year)Term for Alternates ** Remains seated until position is filled. 2022 RECREATION & PARKS BOARD MEMBER TERM TERM PHONE/EMAIL PROFESSION EXPIRES MONDELLO, Julie, Chair 03/23 1 561-346-9466 Information Security 122 Lancaster Road (33426) Juliemondellop_yahoo.com Project Manager CONKLIN, Sean 03/24 1 631-560-2227 Palm Beach County 637 NE 6th Ct Apt J (33435) seanxconkling2Mgil.com Government PIERCE-ROE, Elizabeth (Betty) 03/24 561-436-8420 Self-Employed VC coupleabuckshuntclubp_gmail.c Realtor/Bookkeeper 637 Oak St (33435) om PANDEV,Alison 3/25 1 561-212-1479 Accounting 117 Lancaster Rd (33426) agpandevpyahoo.com VACANT FAGAN, Eugene 03/22 2 561-385-4514 Architect 101 S. Federal Highway Eugene(a7FaganArchitect.com Apt 319 (33435) PATTERSON, Frando 03/23 1 pamfranp_bellsouth.net Director of Testing and Evaluation ALTERNATES: VACANT CAMPBELL, Geoffrey 3/23 1 864-320-6712 Landscape 221 SE 5th Ave. Apt. B gcampbellp_keithteam.com Architect 33435 CITY EMPLOYEE REPRESENTATIVE: YOUNG, Kacy—Recreation &Parks Director-742-6236 S:\CC\WP\BOARDS\LISTS\2022 Board List\RECREATION&PARKS BD.doo<