Agenda 04-03-07
The City of
nt
n'"
t T
e
h
100 E. Boynton Beach Boulevard. (561) 742-6000
City Commission
AGENDA
APRIL 3, 2007
Jerry Taylor
Mayor - At Large
Ron Weiland
Commissioner - District I
DISTRI T I
Mack McCray
Commissioner - District II
Jose Rodriguez
Commissioner - District III
Carl McKoy
Commissioner - District IV
Kurt Bressner
City Manager
James Cherof
City Attorney
Janet M. Prainito
City Clerk
www.boynton-beach.org
We're Reinventing City Living for
the Millennium
WELCOME
Thank you for attending the City Commission Meeting
THE AGENDA:
There is an official agenda for every meeting of the City Commissioners, which determines the order of
business conducted at the meeting. The City Commission will not take action upon any matter, proposal, or
item of business, which is not listed upon the official agenda, unless a majority of the Commission has first
consented to the presentation for consideration and action.
GENERAL RULES & PROCEDURES FOR PUBLIC PARTICIPATION AT
CITY OF BOYNTON BEACH COMMISSION MEETINGS
· Consent Agenda Items: These are items which the Commission does not need to discuss individually
and which are voted on as a group.
· Regular Agenda Items: These are items which the Commission will discuss individually in the order
listed on the agenda.
· Voice Vote: A voice vote by the Commission indicates approval of the agenda item. This can be by either
a regular voice vote with "Ayes & Nays" or by a roll call vote.
SPEAKING AT COMMISSION MEETINGS:
The public is encouraged to offer comment to the Commission at their meetings during Public Hearings, Public
Audience, and on any regular agenda item.
City Commission meetings are business meetings and, as such, the Commission retains the right to limit
discussion on an issue.
· Public Hearings: Any citizen may speak on an official agenda item under the section entitled "Public
Hearings."
· Public Audience: Any citizen may be heard concerning any matter within the scope of the jurisdiction of
the Commission.
· 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.
.
ADDRESSING THE COMMISSION:
When addressing the Commission, please step up to either podium and state, for the record, your name and
address.
DECORUM:
Any person making impertinent or slanderous remarks or who becomes boisterous while addressing the
Commission will be barred from further audience before the Commission by the presiding officer, unless
permission to continue or again address the Commission is granted by the majority vote of the Commission
members present.
Please turn off all pagers and cellular phones in the City Commission Chambers while the City Commission
Meeting is in session.
City Commission meetings are held in the Boynton Beach City Commission Chambers, 100 East Boynton Beach
Boulevard, Boynton Beach. All regular meetings are held typically on the first and third Tuesdays of every
month, starting at 6:30 p.m. (Please check the Agenda Schedule - some meetings have been moved due to
Holidays/Election Day).
City of Boynton Beach
REGULAR CITY COMMISSION MEETING
AGENDA
April 3, 2007
6:30 P.M.
I. OPENINGS:
A. Call to Order - Mayor Jerry Taylor
B. Invocation by Rev. Randall Gill, First Presbyterian Church
C. Pledge of Allegiance to the Flag led by Mayor Taylor
D. Agenda Approval:
1. Additions, Deletions, Corrections
2. Adoption
II. OTHER:
A. Informational Items by Members of the City Commission
III. ANNOUNCEMENTS, COMMMUNITY & SPECIAL EVENTS & PRESENTATIONS
A. Announcements:
None
B. Community and Special Events:
None
C. Presentations:
1. Proclamations
a. National Library Workers Day - April 17, 2007
b. Water Conservation Month - April, 2007
c. Fair Housing Month - April, 2007
IV. PUBLIC AUDIENCE:
INDIVIDUAL SPEAKERS WILL BE LIMITED TO 3 MINUTE PRESENTATIONS (at
the discretion of the Chair, this 3 minute allowance may need to be adjusted
depending on the level of business coming before the City Commission>
Agenda
Regular City Commission
Boynton Beach, FL
April 3, 2007
v. ADMINISTRATIVE:
A. Appointments
Appointment Length of Term
To Be Made Board Exoiration Date
Mayor Taylor Arts Commission Reg 33 mo term to 12/09
I Weiland Arts Commission Reg 33 mo term to 12/09
II McCray Arts Commission Alt 9 mo term to 12/07
III Rodriguez Arts Commission Alt. 9 mo term to 12/07
Mayor Taylor Bldg. Bd of Adj & Appeals Reg 33 mo term to 12/09
I Weiland Bldg. Bd of Adj & Appeals Reg 33 mo term to 12/09
II McCray Bldg. Bd of Adj & Appeals Reg 33 mo term to 12/09
IV McKoy Bldg. Bd of Adj & Appeals Alt 9 mo term to 12/07 Tabled (2)
III Rodriguez Bldg. Bd of Adj & Appeals Alt 9 mo term to 12/07
I Weiland Cemetery Board Reg 33 mo term to 12/09
Mayor Taylor Cemetery Board Alt 9 mo term to 12/07
IV McKoy Code Compliance Board Reg 33 mo term to 12/09
Mayor Taylor Code Compliance Board Reg 33 mo term to 12/09
III Rodriguez Code Compliance Board Alt 9 mo term to 12/07 Tabled (2)
I Weiland Code Compliance Board Alt 9 mo term to 12/07
II McCray Community Relations Board Reg 33 mo term to 12/08 Tabled (3)
IV McKoy Community Relations Board Reg 33 mo term to 12/09
Mayor Taylor Community Relations Board Reg 33 mo term to 12/09
I Weiland Community Relations Board Reg 33 mo term to 12/09
III Rodriguez Community Relations Board Alt 9 mo term to 12/07 Tabled (2)
II McCray Community Relations Board Alt 9 mo term to 12/07
II McCray Education and Youth Advisory Board Reg 21 mo term to 12/08 Tabled (3)
Mayor Taylor Education & Youth Advisory Board Reg 21 mo term to 12/08
I Weiland Education & Youth Advisory Board Reg 21 mo term to 12/08
II McCray Education & Youth Advisory Board Reg 21 mo term to 12/08
III Rodriguez Education & Youth Advisory Board Alt 9 mo term to 12/07
IV McKoy Education & Youth Advisory Board Alt 9 mo term to 12/07
III Rodriguez Education & Youth Advisory Board Stu 9 mo term to 12/07
IV McKoy Education & Youth Advisory Board Stu 9 mo term to 12/07
Mayor Taylor Education & Youth Advisory Board Stu N/V 9 mo term to 12/07
III Rodriguez Library Board Reg 33 mo term to 12/09
IV McKoy Library Board Reg 33 mo term to 12/09
II McCray Library Board Alt 9 mo term to 12/07
I Weiland Library Board Alt 9 mo term to 12/07 Tabled (2)
III Rodriguez Planning & Development Board Reg 21 mo term to 12/08
IV McKoy Planning & Development Board Reg 21 mo term to 12/08
Mayor Taylor Planning & Development Board Reg 21 mo term to 12/08
I Weiland Planning & Development Board Alt 9 mo term to 12/07
2
Agenda
Regular City Commission
Boynton Beach, FL
April 3, 2007
II McCray Planning & Development Board Alt 9 mo term to 12/07
II McCray Recreation & Parks Board Reg 3 yr term to 4/08
III Rodriguez Recreation & Parks Board Reg 33 mo term to 12/09
I Weiland Recreation & Parks Board Alt 9 mo term to 12/07 Tabled (2)
IV McKoy Recreation & Parks Board Alt 9 mo term to 12/07
I Weiland Senior Advisory Board Reg 21 mo term to 12/08
II McCray Senior Advisory Board Reg 21 mo term to 12/08
III Rodriguez Senior Advisory Board Reg 21 mo term to 12/08
IV McKoy Senior Advisory Board Alt 9 mo term to 12/07
Mayor Taylor Senior Advisory Board Alt 9 mo term to 12/07
I Weiland Veterans Advisory Commission Reg 33 mo term to 12/07 Tabled (3)
II McCray Veterans Advisory Commission Reg 33 mo term to 12/09
III Rodriguez Veterans Advisory Commission Alt 9 mo term to 12/07
IV McKoy Veterans Advisory Commission Alt 9 mo term to 12/07
Mayor Taylor Veterans Advisory Commission Alt 9 mo term to 12/07
I Weiland Veterans Advisory Commission Alt 9 mo term to 12/07
Mayor Taylor Employees' Pension Board Reg 33 mo term to 12/09
III Rodriguez Firefighters' Pension Trust Fund Reg 21 mo term to 12/08
IV McKoy Firefighters' Pension Trust Fund Reg 21 mo term to 12/08
II McCray Police Officers Trust Fund Reg 21 mo term to 12/08
III Rodriguez Police Officers Trust Fund Reg 21 mo term to 12/08
VI. CONSENT AGENDA:
Matters in this section of the Agenda are proposed and recommended by the City
Manager for "Consent Agenda" approval of the action indicated in each item, with all of
the accompanying material to become a part of the Public Record and subject to staff
comments.
A. Minutes
1. Agenda Preview Conference - March 16, 2007
2. Regular City Commission - March 20, 2007
B. Bids and Purchase Contracts - Recommend Approval - All expenditures are
approved in the 2006-2007 Adopted Budget.
None
3
Agenda
Regular City Commission
Boynton Beach, FL
April 3, 2007
C. Resolutions
1. Proposed Resolution No. R07-037 RE: Approving and
authorizing execution of agreements and documents associated with the
Palm Beach County "Public Art Improves Our Community" matching grant
on behalf of the City of Boynton Beach.
2. Proposed Resolution No. R07-038 RE: Approving and
authorizing execution of an Agreement for Water Service outside the City
Limits with Nu Dao, Henry Dao, Patrick Dao, for the property at 1099
Seagrape Rd., Lantana, FL (Hypoluxo Ridge Add 2 Lot 54).
3. Proposed Resolution No. R07-039 RE: Supporting the
proposed amendment to the Palm Beach County Charter and serve a
public purpose that is essential to the health, safety, protection and
welfare of the City and its citizens.
D. Approve return of cash bond of $325,050 to The Related Group for the project
known as Marina Village (Building 1)
E. Authorize the use of $306.25 for non-profit registration fees for Boynton Terrace,
Ridgewood Hills, Boynton Hills, MLK, Jr., and Poinciana Heights Homeowners
Association from Commissioner McCray's Community Investment Funds.
F. Authorize the use of $2,000 for Rae's Academy of Tae Kwon Do from Vice Mayor
Rodriguez's Community Investment Funds.
VII. CODE COMPLIANCE & LEGAL SETTLEMENTS:
None
VIII. PUBLIC HEARING: 7:00 P.M. OR AS SOON THEREAFTER AS THE AGENDA
PERMITS
The City Commission will conduct these public hearings in its dual capacity as Local
Planning Agency and City Commission.
A.
Project:
Agent:
Owner:
Location:
Description:
Ocean Breeze West (SPTE 07-002)
Bradley Miller, Miller Land Planning Consultants, Inc.
Larry Finkelstein, Affordable Housing, LLC
Southwest corner of Northwest 8th Avenue and Sea crest Boulevard,
located approximately one-third (1/3 mile north of Boynton Beach
Boulevard.
Request for a one (1) year site plan time extension for Ocean
Breeze West (NWSP 05-030) approved on January 3, 2006 , from
January 3, 2007 to January 3, 2008.
4
Agenda
Regular City Commission
Boynton Beach, FL
April 3, 2007
B.
Project:
Agent:
Owners:
Location:
Descri ption:
Seaview Park Club (SPTE 07-003)
Lorie Moccia, Lennar Homes
Lennar Homes, LLC
1620 N. Federal Highway
Request for second one (1) year site plan time extension for
Seaview Park Club (NWSP 04-014) approved on February 15, 2005,
from February 15, 2007 to February 15, 2008.
IX. CITY MANAGER'S REPORT:
A. Update on Floridan Aquifer and status of deep well conversions - Kofi Boateng
X. FUTURE AGENDA ITEMS:
A. Update of Recreation and Parks Strategic Plan (April 17, 2007)
B. Land Development Regulations Rewrites (May 1, 2007)
C. Capital Improvement Plan status report (May 1, 2007)
D. Water, Sewer and Stormwater Rate Study Report (May 1, 2007)
E. Revision of Fire Codes (May 15, 2007)
XI. NEW BUSINESS:
A. CRA Director meetings
B. Former Board Members at Board Recognition Dinner
C. Code of Conduct for Elected Officials
XII. LEGAL:
A. Ordinances - 2nd Reading - Development - PUBLIC HEARING
None
B. Ordinances - 2nd Reading - Non-Development - PUBLIC HEARING
1. Proposed Ordinance No. 07-002 RE: Amending
Ordinance 05-060 to provide that the art fee does not apply to projects
which had applications pending on or before October 5, 2005; providing
that the 30% of the 1% (.03) Public Art fee is collected by the Building
Department at time of Building Permit issuance and the 70% of the 1%
(.07) prior to and as a condition of issuance of the certificate of
occupancy which includes the Public Art. Also amending Ordinance 05-
5
Agenda
Regular City Commission
Boynton Beach, FL
April 3, 2007
060 to exempt single family and two family in-fill residential housing.
(Tabled to April 3, 2007)
2. Proposed Ordinance No. 07-007 RE: Amending the
Land Development Regulations of the Code of Ordinances, to create a new
Article X., Workforce Housing Program, providing for regulations and
incentives to build workforce housing to ensure that the City has sufficient
workforce housing; providing for the ability to amend a land use
designation to Special High Density Residential, Mixed-Use or Mixed-Use
Core providing that workforce housing units are created pursuant to the
terms of this ordinance; providing a savings clause and a general repealer
clause.
C. Ordinances - 1st Reading
1. Proposed Ordinance No. 07-008 RE: Approving
lobbyist regulations providing for title, purpose, definitions, registration,
record of lobbying contacts, cone of silence, enforcement and penalties and
repeal of laws in conflict.
2. Proposed Ordinance No. 07-009 RE: Amending
Chapter 15 of the Code of Ordinances, "Offenses-Miscellaneous" to add a
new Article XII, Titled "Loitering".
D. Resolutions:
1. Proposed Resolution No. R07-040 RE: Addressing the
presence of criminal street gangs in the City and the surrounding
communities and establishing the need to deter criminal gang activity
throughout proactive law enforcement and legal action
E. Other:
1. New procedure for Community Investment Funds.
XIII. UNFINISHED BUSINESS:
None
XIV. ADJOURNMENT:
NOTICE
IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE CITY COMMISSION WITH RESPECT TO ANY MATTER CONSIDERED AT THIS
MEmNG, HE/SHE WILL NEED A RECORD OF THE PROCEEDINGS AND, FOR SUCH PURPOSE, HE/SHE MAY NEED TO ENSURE THAT A VERBATIM
RECORD OF THE PROCEEDING IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED.
(F.S. 286.0105)THE CITY SHALL FURNISH APPROPRIATE AUXIUARY AIDS AND SERVICES WHERE NECESSARY TO AFFORD AN INDIVIDUAL WITH
A DISABILITY AN EQUAL OPPORTUNITY TO PARTICIPATE IN AND ENJOY THE BENEFITS OF A SERVICE, PROGRAM, OR Acnvrrv CONDUCTED BY
THE CITY. PLEASE CONTACT JOYCE COSTELLO, (561) 742-6013 AT LEAST lWENTY-FOUR HOURS PRIOR TO THE PROGRAM OR AcnVITY IN
ORDER FOR THE CITY TO REASONABLY ACCOMMODATE YOUR REQUEST.
Agenda 3/30/07 3:00 p.m. S:\CC\WP\CCAGENDA\AGENDAS\Year 2007\040307.doc
6
III.-ANNOUNCEMENTS &. PRESENTATIONS
Item C.l.a
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned
Meeting Dates in to City Clerk's Office Meeting Dates in to Citv Clerk's Office
0 December 5, 2006 November 20,2006 (Noon.) 0
0 January 2, 2007 December 18,2006 (Noon) 0 March 5, 2007 February 12,2007 (Noon)
0 January 16,2007 January 2,2007 (Noon) 0 March 20, 2007 March 5, 2007 (Noon)
0 February 13, 2007 January 22, 2007 ~ April 3, 2007 March 19,2007 (Noon)
-'~o
n-T1
,- OJ
_ 1'1"\0
J;:'";:n -.(
-0 .),-:
:> o~
...,.,
RECOMMENDATION: Request Mayor Taylor to proclaim April 15th to t~ 2~
2007, as National Library Week, with Tuesday, April 17th declared as Natio~
Library Workers Day in the City of Boynton Beach.
Consent Agenda
o City Manager's Report 0
o New Business -'
:;
o ~
o
o
('")
"......
::4-<
NATURE OF
AGENDA ITEM
~ Announcements/Presentations
o
o
o
o
Administrative
Code Compliance & Legal Settlements
Public Hearing
Legal
Unfinished Business
EXPLANATION: Copy of Proclamation is attached.
PROGRAM IMPACT: None.
FISCAL IMPACT: (Include Account Number where funds will come from) N/A
AL TERNA TIVES: N/ A
jg~
City Manager's Signature
Assistant to City Manager ~
City Attorney / Finance
Department Name
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
(Proc{amation
WHEREAS, our nation's public, academic, school and specialized libraries provide something for
everyone:
WHEREAS, libraries playa vital role in providing millions of people with the resources they need to
live, learn and work in the 21st century,
WHEREAS, libraries are changing and dynamic places and librarians are the ultimate search engine.
helping people of all ages find the information they need in print and online;
WHEREAS, libraries are part of the American Dream - places for opportunity education. self-help and
lifelong learning;
WHEREAS, libraries bring you a world of knowledge both in person and online, as well as personal
service and assistance in finding what you need, when you need it;
WHEREAS, libraries are a key player in the national discourse on intellectual freedom, equity of
access, and narrowing the "digital divide;"
WHEREAS, more individuals must be recruited to the profession of librarianship and to work in
libraries to maintain their vitality in today's changing workplace;
WHEREAS, awareness and support must be increased for libraries, librarians and library workers by
raising their visibility in a positive context and by communicating clearly and strongly why libraries are
both unique and valuable
WHEREAS, library users and non-users alike are encouraged to stand up and speak out for libraries
and to support library funding efforts;
WHEREAS, libraries, librarians, library workers and supporters across America are celebrating
National Library Week with The Campaign for America's Libraries
NOW, THEREFORE, I, Jerry Taylor, Mayor of the City of Boynton Beach, do hereby proclaim April 15
- 21, 2007, as National Library Week, with Tuesday, April 17th declared as
National Library Workers Day
in the City of Boynton Beach and I encourage all residents to take advantage of the wonderful library
resources available and thank their librarians and library workers for making information accessible to
all who walk through the library's doors. Come see why there's something for everyone @ your library
IN WITNESS WHEREOF, I have hereunto set my hand and caused the official seal of the City of
Boynton Beach, Florida to be affixed to this proclamation on the 3rd day of April. Two Thousand
Seven.
Jerry Taylor, Mayor
City of Boynton Beach
ATTEST
City Clerk
(Corporate Seal)
III.-ANNOUNCEMENTS &. PRESENTATIONS
Item C.l.b
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORlVI
Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned
Meeting Dates in to Citv Clerk's Office Meeting Dates in to Citv Clerk's Office
D December 5. 2006 November 20,2006 (Noon.) 0
D January 2, 2007 December 18, 2006 (Noon) D March 5,2007 February 12.2007 (Noon)
D January 16. 2007 January 2, 2007 (Noon) 0 March 20, 2007 March 5. 2007 (Noon)
D February 13,2007 January 22, 2007 ~ April 3, 2007 March 19,2007 (Noon)
C)
Code Compliance & Legal Settlements
Public Hearing
D
o
o
D
D
City Manager's Report Q
-.l
New Business ::J:
~
Legal
Cj-";
--(
..-i
-<.c
-n
-,
,- OJ
'-i,C)
NATURE OF
AGENDA ITEM
~
D
o
D
D
Announcements/Presentati ons
Administrative
Consent Agenda
-
-",
--'=j::\
'-" v 0
':I' o";Z.
.r:- -nO'
RECOMMENDATION: Present Proclamation .. ~l"'1
- S?~
.r:- \ . . "
EXPLANATION: Seven years ago, the Florida Section of American Water Works Association declared the month of Aprilt:
as Water Conservation Month, The state has experienced tremendous growth in population and tourism and typically
experiences drought-like conditions during the spring of the year. Therefore, April was set aside to educate citizens about how
they can help save Florida's precious water resources.
Unfinished Business
N
PROGRAM IMPACT: This Proclamation will heighten awareness of the need to conserve water.
FISCAL IMPACT: None
AL TERNA TlVES: Not present Proclamation
c/ ~~e;~e~d*;; /-
j~
City Manager's Signature
Assistant to City Manager
~
Public Affairs
Department Name
City Attorney / Finance
S\BULLETlN\FORMS\AGENDA ITEM REQUEST FORM.DOC
PROCLAMA TION
Although we are surrounded by water, most is not drinkable. In fact. only three
percent of the world's water is fresh water. Of this, two-thirds is stored in ice caps and
glaciers. which leaves only one percent of the world's water available for drinking.
Six years ago, the Florida Section of American Water Works Association declared the
month of April as Water Conservation Month. The state has experienced tremendous
growth in population and tourism and typically experiences drought-like conditions
during the spring of the year. Therefore, April was set aside to educate citizens about
how they can help save Florida's precious water resources.
The purpose of commemorating Water Conservation Month is to bring awareness for
the need to conserve water not only during the spring of the year but all year long.
Recognizing that water conservation can promote a healthy economy and community,
the City of Boynton Beach Utilities Department has been at the forefront in
encouraging and supporting water conservation.
Every business, industry, school and citizen in Boynton Beach has a responsibility
when it comes to conserving water. The good news is that everyone can make a
difference without all that much effort. Thanks to new ideas, products and
technologies, everyone has the opportunity to use less water than ever before.
Now, therefore, I, Jerry Taylor, by virtue of the authority vested in me as Mayor of
the City of Boynton Beach, Florida, hereby proclaim April 2007 as:
Water Conservation Month
in Boynton Beach and urge all citizens to help protect our precious resource by
.. practicing water saving measures and becoming more aware of the need to save water.
In witness whereof, I have hereunto set my hand and caused the Seal of the City of
Boynton Beach, Florida, to be affixed at Boynton Beach, Florida, the 3rd day of April,
two thousand and seven.
Jerry Taylor, Mayor
City of Boynton Beach
ATTEST:
Janet M. Prainito, CMC
City Clerk
(Corporate Seal)
III.-ANNOUNCEMENTS &. PRESENTATIONS
Item C.l.c
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Date Final Form Must be Turned Requested City Date Final Form Must be
Commission Meetinq in to City Clerk's Office Commission Meetinq Turned in to City Clerk's
Dates Dates Office
0 December 5, 2006 November 20, 2006 (Noon.) 0
0 January 2, 2007 December 18,2006 (Noon) 0 March 5, 2007 February 12, 2007 (Noon)
0 January 16, 2007 January 2, 2007 (Noon) 0 March 20, 2007 March 5, 2007 (Noon)
0 February 13, 2007 January 22, 2007 [8] April 3, 2007 March 19,2007 (Noon)
;:J
("") .....
::::j-<
-<:0
(J'l
CD
;'c'o
1..0 ~::;! _;:,
.....-.....-:11"
;po. en -;
:x 0
Oz
1..0 ."
.. -" c:c
N -fTl
EXPLANATION: Fair Housing Month, which celebrates the anniversary of the enactmEt1'U o~!fr
VIII of the 1968 Civil Rights Law, is an occasion for citizens to participate in efforts to eliminate housil:lg
discrimination, Although equal opportunity is a right under Title VIII, the struggle against discrimination in
housing continues,
NATURE OF
AGENDA ITEM
[8] Announcements/Presentations
o Administrative
o
o
o
Consent Agenda
Code Compliance & Legal
Settlements
Public Hearing
o
o
o
o
o
City Manager's Report
New Business c::>
-J
::II:
:r;..
::0
Legal
Unfinished Business
RECOMMENDATION:
Present Proclamation
PROGRAM IMPACT: This Proclamation will help raise awareness of Title VIII and Fair Housing
FISCAL IMPACT: N/A
ALTERNATIVES: Not to present Proclamation.
1
c/ ~ttd> < . ?7? ~~ lj' -~
, partmenWead's(Jf9natur
Manager's Signature
Assistant to City Manager
C/U-L
Public Affairs
Department Name
City Attorney / Finance
C:\Documents and Settings\segalw,CITY\Local Settings\ Temporary Internet Files\OLK 1 F\CC 4-3 FairHsgingProc.doc
The strength of our nation, and all of its states, flows from the promise of individual
equality and freedom of choice. Although Equal Opportunity is a right guaranteed to all
Americans under Title VIII of the 1968 Civil Rights Law, the struggle against
discrimination in housing continues.
The anniversary of the enactment of Title VIII during the month of April is an occasion
for Americans, individually and collectively, to rededicate themselves to the principle of
freedom of choice and to participate in efforts to eliminate vestiges of housing
discrimination wherever they occur. Since fair housing is consistent with the principle of
quality and justice for all, we all need to share in the fight to ensure fair housing is a
reality for all residents.
Fair housing is the policy ofthe City of Boynton Beach, and implementation of that policy
requires positive commitment, involvement and support of all our citizens. The City will
continue to provide the necessary leadership to make fair housing not just an idea but an
ideal for all our residents through our continued partnership with the Fair Housing Center
of the Greater Palm Beaches.
NOW, THEREFORE, I, Jerry Taylor, by virtue of the authority vested in me as Mayor of
the City of Boynton Beach, Florida, hereby proclaim April 2007 as:
Fair Housing Month
and urge all citizens to join the efforts to reaffirm fair housing opportunities for all
people.
IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City
of Boynton Beach, Florida, to be affixed at Boynton Beach, Florida, the 3rd day of April,
Two Thousand Seven.
Jerry Taylor, Mayor
City of Boynton Beach
ATTEST:
City Clerk
(Corporate Seal)
ElL-ANNOUNCEMENTS & PRESENTATIONS
Item C.2
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORl\.l
Requested City Commission
Meeting Dates
Date Final Form Must be Turned Requested City Commission
in to Citv Clerk's Office Meeting Dates
Date Final Form Must be Turned
in to Citv Clerk's Office
D December 5, 2006
D January 2, 2007
D January 16, 2007
D February 13,2007
November 20,2006 (Noon,) D
December 18, 2006 (Noon) D March 5, 2007
January 2, 2007 (Noon) D March 20, 2007
January 22, 2007 [2J April 3, 2007
February 12,2007 (Noon)
March 5, 2007 (Noon)
March ]9,2007 (Noon)
NATURE OF
AGENDA ITEM
~ Announcements/Presentations
D Administrative
D Consent Agenda
D Code Compliance & Legal Settlements
D Public Hearing
D City Manager's Report
D New Business
D Legal
D Unfinished Business
D
;:J
c') ~, -4
RECOMMENDATION: -.J =:;-<
:r: -" r-"
Presentation announcing the Recreation and Parks Department's Senior Center's receipt of national ~redi~a5on
through NISC (National Institute of Seniors Centers). Request that the Mayor present certificates of .appre,c.l@on
to the Senior Center's accreditation committee, staff and volunteers. I.O;'?;:;
-0 (f) ,-.;
::J: 0
EXPLANATION: N ~:z:
On December 19, 2006, national accreditation was conferred by NISC to the Recreation and Parks ~ep~nt
Senior Center making it one of only six centers in the state and the first in South Florida to becom~ccr~~d.
Accreditation requires that senior centers demonstrate compliance with standards in nine categories, inclu6ltng
Purpose, Community, Governance, Administration and Human Resources, Program Planning, Evaluation, Fiscal
Management, Records and Reports and Facility, through a comprehensive self assessment manual and a site visit
by a peer site reviewer representing NISC. The Recreation and Parks Department Senior Center met all required
standards.
PROGRAM IMPACT:
This demonstrates our commitment to providing the highest quality, effective and efficient services to our senior
community.
FISCAL IMPACT: (Include Account Number where funds will come from)
N/A
AL TERNA TIVES:
N/A
/ " -
, /1 I of f ~.
~~ /t/f~U' ~t;)
D rtment Head'~ Sign ture
Assistant to City Manager
(l~
Recreation & Parks
Department Name
City Attorney / Finance
S\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM,DOC
VI.-CONSENT AGENDA
ITEM C.l.
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Commission Date Final Form Must be Turned
Meeting Dates in to City Clerk's Office
Requested City Commission Date Final Form Must be Turned,
Meeting Dates to City Clerk's Office
January 2, 2007 (Noon)
o
o March 5, 2007
o March 20, 2007
(XJ April 3, 2007
February 12,2007 (Noon)
0 December 5, 2006
0 January 2, 2007
0 January 16,2007
0 February 13,2007
November 20, 2006 (Noon)
December 14,2007 (Noon)
March 5, 2007 (Noon)
January 22, 2007 (Noon)
March 19,2007 (Noon)
NATURE OF
AGENDA ITEM
o AnnouncementslPresentations
o Administrative
[Xl Consent Agenda
o Code Compliance & Legal Settlements
o Public Hearing
o City Manager's Report
o New Business
(XJ Legal
o Unfinished Business
RECOMMENDATION: Authorize by resolution, the City Manager, Kurt Bressner, to apply for
and execute agreements and documents associated with the Palm Beach County "Public Art
Improves Our Community" matching grant on behalf of the City of Boynton Beach.
EXPLANATION: Palm Beach County's Public Art Committee recognizes the crucial role that
governments and artists play in enhancing the aesthetic qualities of society. The "Public Art
Improves Our Community" matching grant program supports collaborative projects between artists
and communities and aims to be a catalyst for private and governmental support of public art on
publicly owned property throughout Palm Beach County.
The Palm Beach County Board of County Commissioners, through its Public Art Committee, is
issuing a request for proposals to municipality / artiste s) teams to design, fabricate and install public
art that complements public buildings, parks and/or plazas; creates a sense of place; enhances
community identity and improves the design quality of public infrastructure in outdoor locations.
The County's Public Art Committee recognizes the crucial role that governments and artists play in
enhancing the aesthetic qualities of society. This grant program supports collaborative projects
between artists and communities and aims to be a catalyst for private and governmental support of
public art on publicly owned property throughout Palm Beach County.
PROGRAM IMPACT: As part of the Public Art Ordinance adopted in Oct. 5,2005, the City has an
obligation to implement Public Art in the development and redevelopment of it's buildings. The
Carolyn Sims Community Center at Wilson Park has committed to include Public Art in it's project.
The Art in Public Places program is assisting Recreation and Parks to implement a Public Art
Component for the Center at Wilson Park. Together we identified that a Public Art memorial
dedicated to the spirit of Carolyn Sims' contribution to her community and civic service, in addition
to a lifelike bust of Carolyn Sims, would serve to celebrate and identify the Carolyn Sims
Community Center at Wilson Park. By applying for the Palm Beach County "Public Art Improves
Our Community" matching grant, the Art in Public Places is assisting the City with the burden of the
Public Art fees.
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM,DOC
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
FISCAL IMPACT: The Palm Beach County "Public Art Improves Our Community" matching
grant is awarding up to $ 100,000.00 on a reimbursement basis. The contract for the Public Art
project for the Carolyn Sims Center at Wilson Park is $ 60,000.00. The matching grant will
reimburse 1/2 or $ 30,000.00 of the fees allocated to this project.
ALTERNATIVES: The City can fund the entire project cost of $ 60,000.00.
DOCUMENTATION ATTACHED:
Exhibit A - Palm Beach County Grant Application.
Exhibit B - Carolyn Sims Public Art Memorial Project brochure.
Exhibit C - Carolyn Sims Project Overview Memo.
Exhibit D - Contract with Public Artist for Carolyn Sims Public
~{dJ?~
Department H a's Signature
City Manager's Signature
Assistant to City Manager ~/
Department Name
City Attorney / Finance
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM DOC
1 RESOLUTION NO. 07-
2
3 A RESOLUTION OF THE CITY OF BOYNTON
4 BEACH, FLORIDA AUTHORIZING THE CITY
5 MANAGER TO APPLY FOR AND EXECUTE
6 AGREEMENTS AND DOCUMENTS NECESSARY
7 TO SUBMIT AN APPLICATION FOR PALM
8 BEACH COUNTY PUBLIC ART IMPROVES OUR
9 COMMUNITY MATCHING GRANT;
10 PROVIDING AN EFFECTIVE DATE.
11
12 WHEREAS, Palm Beach County's Public Art Committee recognizes the crucial role
13 that governments and artists play in enhancing the aesthetic qualities of society; and
14 WHEREAS, The "Public Art hnproves Our Community" matching grant program
15 supports collaborative proj ects between artists and communities and aims to be a catalyst for
16 private and governmental support of public art on publicly owned property throughout Palm
17 Beach County; and
18 WHEREAS, the Palm Beach County "Public Art hnproves Our Community"
19 matching grant is awarding up to $100,000.00 on a reimbursement basis. The contract for the
20 Public Art project for the Carolyn Sims Center at Wilson Park is $60,000.00. The matching
21 grant will reimburse 12 or $30,000.00 of the fees allocated to this project.
22 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
23 THE CITY OF BOYNTON BEACH, FLORIDA AS FOLLOWS:
24
Section 1:
The foregoing "Whereas" clauses are hereby ratified and confirmed as
25 being true and correct and are hereby made a specific part of this Resolution upon adoption
26 hereof.
27
Section 2:
That the City Manager is hereby authorized to sign and submit the
28 grant application for this project, including any documents necessary for the submittal of the
29 application.
S:\CA lRESO\Grants\Art lrnproves Community Grant.doc
._.c......"',,...._.,,"','''''....'''''''''''''''!;.,''fWi$.:.'!'''',,\t~'''i',,'"'_'".
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
Section 3: That the City of Boynton Beach assures a dollar-for-dollar match for the
2
amount of the grant awarded, and that such funds will be available and unencumbered at the
3
time of the grant award.
Section 4:
This Resolution sha1l become effective immediately upon passage.
PASSED AND ADOPTED this _ day of March, 2007.
CITY OF BOYNTON BEACH, FLORIDA
Mayor - Jerry Taylor
Vice Mayor - Jose Rodriguez
Commissioner - Ronald Weiland
ATTEST:
Commissioner - Mack McCray
Commissioner - Carl McKoy
Janet Prainito, City Clerk
(Corporate Seal)
S:\CA\RESO\Grants\Art Improves Community Grant.doc
EXHIBIT A
ProQram Description
Palm Beach County's Public Art Committee recognizes the crucial role that governments and artists play in
enhancing the aesthetic qualities of society. The "public Art Improves Our Community" matching grant program
supports collaborative projects between artists and communities and aims to be a catalyst for private and
governmental support of public art on publicly owned property throughout Palm Beach County.
The Palm Beach County Board of County Commissioners, through its Public Art Committee, is issuing a
request for proposals to municipality / artist(s) teams to design, fabricate and install public art that
complements public buildings, parks and/or plazas; creates a sense of place; enhances community identity
and improves the design quality of public infrastructure in outdoor locations.
The County's Public Art Committee recognizes the crucial role that governments and artists play in enhancing
the aesthetic qualities of society. This grant program supports collaborative projects between artists and
communities and aims to be a catalyst for private and governmental support of public art on publicly owned
property throughout Palm Beach County.
Qualified Applicants
Municipality located within Palm Beach County, in partnership with an artist(s).
Application Deadline
To be considered for grant funds, applicants must submit the attached application, along with submittal
laterials to Palm Beach County Art in Public Places, 3200 Belvedere Road, Bldg. 1169, West Palm Beach, FL
d3406 by April 27, 2007 at 5:00 p.m. Applications must be mailed or delivered; applications submitted by
facsimile transmission will not be accepted.
Elioible Expenses
Funds from this grant may only be applied toward the actual costs incurred for the public art project. No part of
this grant shall be used for project administration/overhead or for costs associated with the preparation,
submission or presentation of the funding application. Proposed project budgets should cover all costs
associated with the project including the artist's design fee, other consulting fees such as structural
engineering or material testing, permit fees, insurance to cover the scope of the project, materials, models,
fabrication, transportation, shipping, installation, travel to and from site, per diem expenses, project
documentation, land acquisition/leasing costs and a contingency to cover unexpected expenses. Certificates of
insurance must be provided to verify required levels of General Liability, Auto and Worker's Compensation
Insurance outlined in the Grant Agreement.
Funds cannot be awarded retrospectively. Projects must be timetabled to start after the "Notice to Proceed" is
issued by Palm Beach County.
Cash Match Requirement
Grants are available to municipalities, which will act as the fiscal agent, in partnership with artists.
Palm Beach County will award up to $100,000 in matching public art grants on a reimbursement basis.
Applicants must apply for a $10,000 minimum award. Applicants must demonstrate a one hundred (100%)
cash match. Proposals must be approved by the municipality and matching funds must be appropriated.
Matching funds may be provided to municipality through private underwriting. The municipalities of Belle
Glade, Pahokee, and South Bay only have to demonstrate a 75% cash match.
'PublicArt Improves Our Community" Matching Grant
page 1 of6
Program Goals
· To make public art a more visible part of our community.
· To increase public awareness of, and participation in the creation of public art in our community.
· To foster collaboration between municipalities and artists.
· To broaden the understanding of how the arts can benefit a community.
· To develop artistic venues which attract both residents and tourists.
· To mentor municipalities in public art project development and administration.
Minimum Criteria
1. Proposed public art project must be submitted by a qualified Applicant.
2. Project must be located on property owned by the Applicant or on property that the Applicant has secured
through perpetual easement and allows for this use. The Applicant will be required to submit proof of
ownership with the Grant Application.
3. Applicant must fund at least fifty percent (50%) of the total project cost.
4. The project should be developed as a place-specific installation which responds to the characteristics of
the particular location, such as the history, physical environment and diversity of the people within the
community.
5. The project should have a clear benefit to and involvement of the community.
6. The project should support artistic excellence, be of high quality and created by qualified artist(s).
7. The proposed public art must be sited in a location that is physically accessible to all people.
8. Applicant must be able to provide continuous monitoring and maintenance of Project, during and after
installation.
Qualification Materials
The following qualification materials shall be submitted along with the completed Grant Application.
1. Describe in detail the proposed public art Project, including how the Project addresses the goals and
criteria and how the Project will be monitored and maintained by the Applicant. (Limit 2 pages)
2. Provide a proposed Project schedule from "Notice to Proceed" through "Ribbon Cutting." Total Project
timeline not to exceed 18 months.
3. Organizational Chart of Team - Briefly describe the services the team members will provide.
4. Resumes - A current resume for artist(s).
5. References - Provide three verifiable references for the artist(s) from projects of a similar scale completed
in the last eight years. Please include name, address, telephone number and e-mail address for each
reference.
6. Up to a total of 10 images representing at least two different public art projects by the artist(s) in the past
six years. Only submit images of projects that have been realized. Images of proposals, models or
computer generated images will not be reviewed. Submit slides QB digital images in the following formats:
SLIDES: Slides must be presented in a 9" x 11" plastic slide sheet. Each slide must be labeled with
artist's name, numbered according to the annotated image list (see #7), and marked with
indication of top and front.
DIGITAL IMAGES: Images should be sent on virus-free PC-compatible CD-ROM in .jpg file format.
Each file should be named with artist surname and image number to correspond with the
annotated image list (see #7). Maximum image size is four inches by five inches and 96 dpi.
7. An annotated image list identifying slides/digital images by number, artist name, title of work/project,
location of project, major materials used, dimensions, project timeline (from contract to completion),
budget, name of commissioning agency, Project Manager's name and phone number, and commissioning
agency's goals for the project.
8. Concept Drawings: Up to four drawings to define proposal and design concepts. Please submit drawings
on 8 %" x 11" paper. If drawings are in color, please supply 15 color copies of each, otherwise drawings Will
be reproduced in black and white for panel review.
9. Material List: A list of proposed materials to be used to design, fabricate and install the Project.
"Public Art Improves Our Community" Matching Grant
page 2 of6
'~"""HI'"j~~~~~.........Ji;i;'~"'*''''-''..'-+-'''''~'.CCi";''^C';''''''
JudCJing Criteria
POINTS CRITERIA
25 ~rtistic merit of proposed design and quality of materials. Artist(s) qualifications.
25 Meets program goals and criteria. Ability to complete the project.
20 Benefit to and involvement of the community; design reflects community
characteristics.
10 ...ocation is highly visible to the public and is accessible to people with disabilities.
5 Ability to provide long-term maintenance of the public art project.
5 Project includes a public outreach/education component.
Application Processing & Awarding
Applications will be reviewed by Palm Beach County Art in Public Places staff for general compliance with
grant criteria to determine eligibility. The Public Art Committee will constitute the selection committee and will
meet to determine the final grant awards based on the judging criteria listed above. Projects will be funded by
order of ranking until all available funding is encumbered. The Public Art Committee's grant award
recommendations will be submitted to the Board of County Commissioners for approval. Grant agreements
will be mailed to successful applicants for the appropriate signature and should be returned to the County Art in
Public Places Administrator. NOTE: Applicants are advised that from the date of release of this Grant
Application until award of the grant funds, no contact with County personnel related to this Grant
Application or Selection Committee members is permitted, except as authorized by the Art in Public
Places Administrator and/or in conjunction with scheduled Applicant activities. Any such
unauthorized contact shall not be used as a basis for responding to this Grant Application, and may
result in the disqualification of the Applicanfs submittal. Applicants are further advised that the "Palm
Beach County Lobbyist Registration Ordinance," Ordinance 03-018, as amended by Ordinance 03-055,
,rohibits an Applicant or anyone representing the Applicant from communicating with any
';ommissioner or Commissioner's staff, or any employee authorized to act on behalf of the
Commission, regarding its application, i.e. a "Cone of Silence." The "Cone of Silence" is in effect from
the dateltime of the deadline for submission of the application and terminates at the time the Board of
County Commissioners awards the grant funding or otherwise takes action which ends the solicitation
process.
Submittal Checklist
The following qualification materials shall be submitted along with the completed Grant Application. See
"Qualification Materials" section above for detailed description of each item listed below.
1. Project description.
2. Proposed Project schedule.
3. Organizational chart of team
4. Resumes.
5. References.
6. Images of past projects.
7. An annotated image list.
8. Concept drawings of proposed Project.
9. Materiallist.
10. Proof of property Municipal ownership / control for proposed Project location.
11. Proof of matching funds. (Must submit within 30 days of recommended grant award. Proof includes
appropriation approved by municipality or by agreement for private funding/donation. If unable, the grant
may be reassigned to another applicant.)
'stimated Award Timeline
July 31,2006
Grant announced
.PublicArt Improves Our Community" Matching Grant
page 3 of6
August, September, October 2006
April 27, 2007 - 5:00 p.m.
May 17, 2007
July 2007
Public Art 101 Workshops (non-mandatory, schedule below)
Deadline - Grant Application submittals
Finalists selected and notified
Recommendation submitted to
Board of County Commissioners for approval
July 2007
Contract Execution and "Notice to Proceed"
Grant Agreement
Applicants selected for funding must enter into a grant agreement with the Board of County Commissioners,
the form of the sample contract is available for review prior to submittal of grant. Grant funds may only be used
to reimburse expenses that occur after execution of the grant agreement. The Project needs to be completely
developed, permitted as appropriate, and completed within 18 months of grant award.
"Public Art Improves Our Community" Matching Grant
page 4 of6
"Public Art Improves Our Community" Matching Grant Application
\OMINISTRATIVE INFORMATION
Project Title:
Contact Person:
Contact Title:
Contact Agency:
Artist(s) Name:
Contact Mailing Address:
City:
Zip:
Contact Phone:
Contact E-mail:
PROJECT INFORMATION
1.
Amount of Grant Request:
Amount of Matching Funds:
) Describe the specific source of the matching funds:
Total Project Cost:
3. Funding source for long-term Project maintenance:
4. Proposed Project location: (please enclose photos of location)
Describe Project location, nearest cross streets, facility type and property use.
5.
Estimated Project Start Date:
Estimated Project Completion Date:
Project Budget
Provide a proposed budget indicating how grant funds will be utilized and where the matching funds will be
allocated.
CATEGORY OF EXPENDITURE ~MOUNT MATCHING FUNDS
Desian {maximum 10% of Proiect budaetl :Ii S
Fabrication S S
Installation S It
Other S It
TOTAL REQUESTED $ S
TOTAL GRANT AGREEMENT S
"Public Art Improves Our Community" Matching Grant
page 5 of6
ATTEST:
CITY OF
By:
By:
City Clerk
Mayor
Name (Type or Print)
Name (Type or Print)
"Public Art Improves Our Community" Matching Grant
page 6 of6
TO:
FROM:
DATE:
SUBJE
At the.
Memor
the Pal
as the
tive res
with thl
· Reac
· Inell.
. Inell
EXHIBIT C
The City of Boynton Beach
if
EXHIBIT "B" r
Jr
lunity Center at Wilson Park project
Ne had a great meeting on the Carolyn Sims
J the project criteria and how we can meet
imily and Wally Majors was present as well
mmunication and discussion rewarded posi-
~ec & Parks are all anxious to move forward
ins are to:
B and city programs.
can attend to learn about the program.
Ir the Carolyn Sims Memorial and how the art
k on the memorial and exchange information
Ilore a Carolyn Sims scholarship.
naming of the Carolyn Sims Memorial. Cur-
at can be inscribed on the memorial's bronze
create a bronze bust or relief of Carolyn
establish how they wish Carolyn to be por-
II comment on the progress of the bust (or re-
The Public Art Administrator Will WOrK CloselY WIll I the Sims family to establish the copy for the
bronze plaque that commemorates the bust (or relief).
The City of Boynton Beach
Recreation & Parks Dept
and
Art in Public Places
presents...
Carolyn Sims
Public Art Memorial
Project
In memory of Carolyn Sims'
contributions to her
community and her service
to the quality of life
in Boynton Beach.
· Educate children and adults about how public art is made.
Distribute to the schools, churches and city programs to offers trips to the artists studio to learn
about how the art is made.
The Sims family will assist to develop and distribute the curriculum to the schools and
churches.
Rec & Park dept will assist to distribute the curriculum to the City programs.
· Document the process.
Film the public art process including the workshops, the studio visits, artist at work, the com-
munity participation and interviews with community on Carolyn Sims.
Documentary can be used as an education tool in schools and City facilities.
Documentary can be displayed at the Carolyn Sims Community Center at Wilson Park on a
continual basis.
Documentary can be used for PR purposes and for BBTV television programming.
· Provide communication to the community on the progress of the Carolyn Sims Community
Center at Wilson Park.
Facilitate city communications of the Carolyn Sims Community Center build progress through
the community participation of the Carolyn Sims Public Art process.
· Provide positive support from the community.
Sims family will assist to facilitate the communication of the Carolyn Sims project and its pro-
gress between the community, the Arts Commission and PA administrator.
Rec & parks will assist to facilitate the communication of the Carolyn Sims project and its pro-
gress between the city programs, the Arts Commission and PA administrator.
PA Administrator will facilitate the communication of the Carolyn Sims project and its progress
between the city staff, CRA staff, City boards, and City Commission.
. Collaborate the Carolyn Sims Public Art Project with other City departments and advisory
boards.
The Arts Commission and PA administrator will communicate and encourage collaboration with
other City departments and advisory boards such as the Education & Youth Advisory board,
Rec & Park staff and advisory board, building and engineering, media & public communica-
tions and CRA staff and advisory board.
. Educate the City, community and developers on how a successful Public Art project can
contribute to economic development, civic pride, community awareness and celebrate a
city's heritage.
CC: Wally Majors
Arts Commission
Frank Varga
Sims family
EXHIBIT 0
AGREEMENT
THIS AGREEMENT, dated the
between:
day of
, 2007, is by and
CITY OF BOYNTON BEACH, a municipal corporation, organized and operating
pursuant to the laws of the State of Florida, with a business address of 100 East Boynton
Beach Boulevard, Boynton Beach, Florida 33435, hereinafter referred to as "CITY",
and
Frank Varga dba VARGA SCULPTURING STUDIO, with an address of 296 N.E.
6TH Avenue, Delray Beach, Florida 33483 hereinafter referred to as "ARTIST." CITY
and ARTIST may hereinafter collectively be referred to as the "Parties."
WITNESSETH:
In consideration of the mutual terms and conditions, prormses, covenants and payments
hereinafter set forth, CITY and ARTIST agree as follows:
WHEREAS, a sculpture is a work of art, generally created by carving, modeling, casting or
shaping materials, such as metals, into a three-dimensional figure; and
WHEREAS, CITY desires to obtain professional services from an artist for the creation of a
sculpture for the Carolyn Sims Public Art Memorial; and
WHEREAS, ARTIST possesses specific skills, talent, expertise, experience and knowledge to
provide the CITY with the sculpture in a professional and artistic manner; and
WHEREAS, ARTIST has stated an interest in working on the creation of a Sculpture for the
CITY; and
WHEREAS, the CITY desires to commission the ARTIST to create Sculpture; and
NOW, THEREFORE, in consideration of the mutual promises, covenants and agreements
herein contained and other good and valuable consideration, the receipt of which is hereby
acknowledged, it is agreed herein between the Parties hereto as follows:
ARTICLE 1
1.1. RECITALS: Each "whereas" clause set forth above IS true and correct and herein
incorporated by this reference.
Page 1 of 8
Macintosh HD:Users:dcd:Desktop:Artist Agreement- Varga.doc
ARTICLE 2
SERVICES AND RESPONSmILITIES
2.1. ARTIST hereby agrees to create a Sculpture, or other services which may otherwise be
required, as further enumerated in the Scope of Services set forth in Article 3 herein below.
2.2. The sculpture shall be located at such location within the CITY as designated by the CITY.
2.3. ARTIST shall furnish all services and labor necessary and as may be required in the
performance of this Agreement.
2.4. ARTIST hereby represents to CITY, with full knowledge that CITY is relying upon these
representations when entering into this Agreement with ARTIST, that ARTIST has the professional
expertise, talent, experience and manpower to perform the services to be provided by ARTIST
pursuant to the terms of this Agreement.
2.5. ARTIST certifies, to his knowledge, that all work performed pursuant to this agreement,
including but not limited to the Sculpture, is an original creation and does not infringe upon or violate
any copyrights or other rights of any person, firm or organization.
2.6. The CITY recognizes the ARTIST's rights pursuant to the Federal Visual Artist Rights Act of
1990, known as "V ARA". The CITY will not intentionally distort and/or modify the sculpture, where
the modification or distortion would prejudice the ARTIST's honor or reputation.
2.7. The CITY is entitled to exhibit, publish, broadcast, advertise and otherwise use the likeness of
the sculpture, in any manner the CITY sees fit. The CITY agrees not to sell the sculpture to a third-
party for monetary gain. The CITY may transfer ownership of the sculpture to another governmental
entity or to a not for profit corporation.
2.8. The CITY agrees to give the ARTIST full acknowledgement and credit as the creator of the
sculpture, with the placement of a plaque or similar object on and/or near the sculpture.
2.9. The value of the sculpture is established when the price of the art is commissioned.
2.10. The CITY agrees to provide the ARTIST access to CITY property, as a work site to prepare the
sculpture for installation.
2.11. ARTIST may not hire or utilize the services of any sub-contractor, employee or other
individual to assist the ARTIST in performing services under this agreement without the prior written
approval of the CITY.
2.12 ARTIST warranties the final product against all defects in workmanship and materials for a
period of one year.
Page 2 of8
Macintosh HD: Users:dcd:Desktop:Artist Agreement- V arga,doc
ARTICLE 3
SCOPE OF SERVICES
ARTIST shall perform the following services in accordance with this Agreement with CITY as
follows:
3.1. All work performed under this Agreement shall be done in a professional manner.
3.2. The sculpture shall be produced to the CITY's satisfaction and in conformity with the appropriate
moral and ethical standards for the community in which the CITY is located. The quality of the
completed materials is a matter of prime importance and shall meet all applicable industry standards. The
CITY shall have the right to approve and/or reject the sculpture or any portion thereof. The display, of the
sculpture shall be subject to the sole discretion of the CITY.
3.3 The ARTIST shall perform and provide services as set forth in the Proposal for the Carolyn Sims
Public Art Memorial dated December 8, 2006, a copy of which is attached hereto as Exhibit "A".
ARTICLE 4
TERM AND TERMINATION
4.1. This Agreement shall take effect as of the date of execution as shown herein below and shall end
upon completion of the ARTIST's work and services described in Articles 2 and 3 hereof.
4.2. All documents, plans, work products, materials, equipment and tools belonging to the CITY
will be furnished to the CITY upon completion and/or termination of the Agreement, whichever occurs
first.
4.3 The CITY's rights to exhibit, publish, broadcast, advertise and otherwise use of the likeness of
the sculpture shall survive the termination of this Agreement.
ARTICLE 5
COMPENSATION
5.1. The CITY shall provide compensation and/or payments to the ARTIST as set forth in the
Proposal for the Carolyn Sims Public Art Memorial dated December 8, 2006, a copy of which is
attached hereto as Exhibit "A".
Page 3 of8
Macintosh HD: Users:dcd:Desktop:Artist Agreement- V arga,doc
ARTICLE 6
CHANGES TO SCOPE OF WORK AND ADDITIONAL WORK
CITY or ARTIST may request changes that would increase, decrease or otherwise modifY the
Scope of Services to be provided under this Agreement. Such changes or additional services must be
in accordance with the provisions of the Code of Ordinances of the CITY and must be contained in a
written amendment, executed by the Parties hereto, with the same formality and with equal dignity
herewith prior to any deviation from the term or scope of this Agreement, including the initiation of
any additional or extra work. In no event will ARTIST be compensated for any work which has not
been described in a separate written agreement executed by the Parties hereto.
ARTICLE 7
MISCELLANEOUS
7.1. Insurance. Worker's Compensation Insurance, property damage, liability insurance and vehicular
liability insurance shall be maintained during the life of this contract to comply with statutory limits for all
employees, and in the case any work is sublet, the ARTIST shall require the sub-Contractors similarly to
provide Worker's Compensation Insurance for all the latter's employees unless such employees are
covered by the protection afforded by the ARTIST.
A. ARTIST shall secure and maintain in force, throughout the duration of this contract,
comprehensive general and automobile liability insurance with a minimum coverage of
$1,000,000 per occurrence; $1,000,000 aggregate for personal injury; $1,000,000 per
occurrence/aggregate for property damage; and, professional liability insurance in the amount
of $1 ,000,000 (all professional contract services).
B. Said general liability policy shall name the City of Boynton Beach as an additional insured and
shall include a provision prohibiting cancellation of said policy except upon thirty (30) days
prior written notice to the City.
C. ARTIST shall secure and maintain in force throughout the duration of this contract workers'
compensation insurance to statutory limits.
D. ARTIST shall furnish the City with a certificate of insurance after award has been made prior
to the start of any work for the City. Said insurance companies must be authorized to do
business in the State of Florida and the City will not accept any company that has a rating less
than B+ in accordance with A.M. Best's Key Rating Guide, latest edition.
E. Reference Insurance Advisory Form for additional types of insurance and limits required. The
City reserves the right to require additional types of insurance, or to raise or lower the stated
limits, based upon identified risk.
If ARTIST claims to be exempt from this requirement, ARTIST shall provide CITY proof of
such exemption along with a written request for CITY to exempt ARTIST, written on
ARTIST's letterhead.
Page 4 of8
Macintosh 00: Users:dcd:Desktop :Artist Agreement- V arga,doc
7.2.. Independent Contractor. This Agreement does not create an employee/employer
relationship between the Parties. It is the intent of the Parties that the ARTIST is an independent
contractor under this Agreement and not the CITY's employee for any purposes, including but not
limited to, the application of the Fair Labor Standards Act minimum wage and overtime payments,
Federal Insurance Contribution Act, the Social Security Act, the Federal Unemployment Tax Act, the
provisions of the Internal Revenue Code, the State Worker's Compensation Act, and the State
Unemployment Insurance law. The ARTIST shall retain sole and absolute discretion in the judgment
of the manner and means of carrying out ARTIST's activities and responsibilities hereunder provided,
further that administrative procedures applicable to services rendered under this Agreement shall be
those of ARTIST, which policies of ARTIST shall not conflict with CITY, State, or United States
policies, rules or regulations relating to the use of ARTIST's funds provided for herein. The ARTIST
agrees that it is a separate and independent enterprise from the CITY, that it had full opportunity to
find other business, that it has made its own investment in its business, and that it will utilize a high
level of skill necessary to perform the work. This Agreement shall not be construed as creating any
joint employment relationship between the ARTIST and the CITY and the CITY will not be liable for
any obligation incurred by ARTIST, including but not limited to unpaid minimum wages and/or
overtime premiums.
7.3. Assignments.
7.3.1. This Agreement, or any interest herein, shall not be assigned, transferred or otherwise
encumbered, under any circumstances, by ARTIST without the prior written consent of CITY.
However, this Agreement shall run to the CITY and its successors and assigns.
7.3.2. It is further agreed that no modification, amendment or alteration in the terms or
conditions contained herein shall be effective unless contained in a written document executed
with the same formality and of equal dignity herewith.
7.4. No Contingent Fees. ARTIST warrants that it has not employed or retained any company or
person, other than a bona fide employee working solely for the ARTIST to solicit or secure this
Agreement, and that it has not paid or agreed to pay any person, company, corporation, individual or
firm, other than a bona fide employee working solely for ARTIST any fee, commission, percentage,
gift, or other consideration contingent upon or resulting from the award or making of this Agreement.
For the breach or violation of this provision, the CITY shall have the right to terminate the Agreement
without liability at its discretion, to deduct from the contract price, or otherwise recover the full
amount of such fee, commission, percentage, gift or consideration.
7.5. Notice. Whenever any party desires to give notice unto any other party, it must be given
by written notice, sent by registered United States mail, with return receipt requested, addressed to the
party for whom it is intended and the remaining party, at the places last specified, and that places for
giving of notice shall remain such until they shall have been changed by written notice in compliance
with the provisions of this section. For the present, the ARTIST and the CITY designate the following
as the respective places for giving of notice:
CITY:
Kurt Bressner, City Manager
City of Boynton Beach
100 East Boynton Beach Boulevard
Boynton Beach, Florida 33435
Telephone No. (561) 742-6010
Page 5 of8
Macintosh HD:Users:dcd:Desktop:Artist Agreement-Varga.doc
Facsimile No. (561) 742-6011
Copy To:
James A. Cherof, City Attorney
Goren, Cherot: Doody & Ezrol, P.A.
3099 East Commercial Boulevard, Suite 200
Fort Lauderdale, Florida 33308
Telephone No. (954) 771-4500
Facsimile No. (954) 771-4923
ARTIST:
Telephone No.
7.6. Binding Authority. Each person signing this Agreement on behalf of either party
individually warrants that he or she has the full legal power to execute this Agreement on behalf of the
party for whom he or she is signing, and to bind and obligate such party with respect to all provisions
contained in this Agreement.
7.7. Headings. Headings herein are for convenience of reference only and shall not be
considered on any interpretation of this Agreement.
7.8. Severability. If any provision of this Agreement or application thereof to any person or
situation shall to any extent, be held invalid or unenforceable, the remainder of this Agreement, and the
application of such provisions to persons or situations other than those as to which it shall have been
held invalid or unenforceable shall not be affected thereby, and shall continue in full force and effect,
and be enforced to the fullest extent permitted by law.
7.9. Governing Law. This Agreement shall be governed by the laws of the State of Florida
with venue lying in Palm Beach County, Florida.
7.10. Attorney's Fees. In the event that either party brings suit for enforcement of this
Agreement, each party shall bear its own attorney's fees and costs.
7.11. Extent of Agreement. This Agreement represents the entire and integrated agreement
between the CITY and the ARTIST and supersedes all prior negotiations, representations or
agreements, either written or oral.
7.12. Equal Employment Opportunity. In the performance of this Agreement, the ARTIST shall
not discriminate against any firm, employee or applicant for employment or any other firm or
individual in providing services because of sex, age, race, color, religion, ancestry or national origin.
7.13. Waiver. Any failure by ARTIST to require strict compliance with any provision of this
contract shall not be construed as a waiver of such provision, and ARTIST may subsequently require
strict compliance at any time, notwithstanding any prior failure to do so.
7.14. Counterparts. This Agreement may be executed in multiple counterparts, each of which
shall be deemed an original, and all of which together shall constitute one and the same instrument.
Page 6 of8
Macintosh HD:Users:dcd:Desktop:Artist Agreement- Varga,doc
,.",;^,_,:"""E.#~~,wo;;""~"'"",,j'!'"4~."""'''''''''~''''''''''''''';'''*''''''~."'''''''i-.;;...".~-
7.15 Usage Rights After final acceptance of the artwork by the CITY, the following artists'
, rights shall be guaranteed:
. Maintenance of public artworks shall be the responsibility of the CITY or developer or
property association and not the ARTIST. The responsible party shall make reasonable
efforts to maintain the artwork in good repair. The responsible party shall attempt to
consult the ARTIST on major repairs.
. The artwork shall not be altered, modified, removed or relocated from a site integral to the
concept for the work without first consulting with the ARTIST, if reasonably possible. If a
work, nevertheless, has been significantly altered, the ARTIST shall have the right to
disclaim authorship.
. Copyright of the artwork shall belong to the creator( s), but the CITY or developer or
property association shall be granted the right to make two-dimensional reproductions for
non-commercial purposes.
IN WITNESS OF THE FOREGOING, the Parties have set their hands and seals the day and
year first written above.
ATTEST:
CITY
CITY OF BOYNTON BEACH, FLORIDA:
BY:
JANET PRAINITO, CITY CLERK
KURT BRESSNER, CITY MANAGER
APPROVED AS TO FORM:
OFFICE OF TIlE CITY ATTORNEY
ARTIST
WITNESSES:
BY:
Print Name:
Title:
Page 70f8
Macintosh HD: Users:dcd:Desktop:Artist Agreement- V arga,doc
STATE OF FLORIDA
: ss:
COUNTY OF
BEFORE ME, an officer duly authorized by law to administer oaths and take acknowledgments,
personally appeared as of
who is personally known to me or who has produced as
identification, and acknowledged executing the foregoing Agreement as the proper official of
for the use and purposes mentioned therein and that the instrument is the act and deed
of
IN WITNESS OF THE FOREGOING, I have set my hand and official seal at in the State and
County aforesaid on this day of , 2007.
(Signature of Notary Public - State of Florida)
(Print, Type or Stamp Commission Name of Notary Public)
Page 80f8
Macintosh HD:Users:dcd:Desktop:Artist Agreement- Varga,doc
Var8a Scufpturin8 Studio
296 NE (iTH AVENUE
DELRAY BEACH, FL 33483
561-278-7549
GROSSE POINTE
MICHIGAN
313-884-4456
Date: December 8, 2006
To: Debby Coles-Dobay
Public Art Administrator
City of Boynton Beach
100 E. Boynton Beach Blvd.
Boynton Beach, FL 33425
PROPOSAL FOR: The Carolyn Sims Public Art Memorial
In response to the Request for Proposal for the Carolyn Sims Memorial located at the newly renovated Carolyn
Sims Center at Wilson Park. I have prepared a proposal for the Public Art project.
Artists Qualifications
I am an established Artist and have delivered many Public Art Commissions. My qualifications awarded
me this project and I am now prepared to submit this proposal to complete the necessary steps to create and
construct this Public Art Memorial Project.
~arolyn Sims Memorial Concept
Based on the detailed information provided to me about Carolyn Sims, her contributions to her city and
community service. The celebration of her life in the community and her family inspired me to create a Public
Art memorial project that captures this spirit. The working name fro this memorial is "The Spirit of Rorida".
The memorial sculpture concept depicts this spirit by showing hands (man, woman, teen & child)
coming from gold sun base surrounded by Rorida fauna reaching up to conure parrots raised up on pedestal
base for placement in front of Carolyn Sims Center at Wilson Park. A plaque on sculpture base will detail the
memorial's significance. In addition, I will create a bronze bust or relief of Carolyn Sims for placement in the
lobby along with a plaque that summarizes her accomplishments.
The location for the Public Art Memorial is outside the front entrance to the new Carolyn Sims Center at
Wilson Park. The Carolyn Sims Memorial will be accessible to all that visit and frequent this facility. The
bronze relief or bust will be placed in the lobby of the Wilson Community Center with a plaque that summarizes
her contribution to the City service and community.
This proposal will provide a 12" scaled three dimensional painted Maquette of the Carolyn Sims
Memorial project called "the Spirit of Rorida". The Maquette can be used for the following:
.
For use in presentations to educate and promote the community, city, Sims family and visitors on the
Carolyn Sims Memorial Public Art project.
For use in workshops to encourage community participation to rename the project.
To use in reproduction for fundraising, promotion and merchandising opportunities.
To use in advertising and marketing for the Carolyn Sims Center at Wilson Park and Carolyn Sims
Memorial Public Art materials.
.
.
.
Community Participation
Part of the Carolyn Sims Memorial Public Art Project is to include and engage the Community in the
project. As a Public Artist, I am prepared to participate and facilitate the education, creations and promotion (' r
the Carolyn Sims Memorial Project with the community.
Along with the City of Boynton Beach's Public Art Administrator and Recreation and Parks department I
propose the following to facilitate the community participation:
.
Explain the concept of the sculpture and describe the actual process in the creation of the Spirit of
Florida at workshops arranged by the city. This will include making of clay models, rubber molds, wax
positives and subsequent bronze sculptures using the lost wax casting process. The workshops will be
for organized groups from the community and city churches, schools and other interested groups.
Work closely with the Sims family in the creation of a bronze bust or relief of Carolyn Sims. The work
will be created from pictures/images provided by the Sims family and the family will have the
opportunity to review and suggest changes to the final sculpture. Family input will be a key factor in the
creation of an approved likeness of Carolyn Sims.
Provide a lecture style tour(s) of my art studio to describe to groups the method in which the art is
created. The tour(s) will be coordinated with the appropriate direction of city for organized groups.
Work closely with the Public Art Administrator and Rec and Parks in the filming of the workshops and
studio visits and of the sculpture in progress. Films/videos of the creation of the sculpture may also be
a useful tool for education in school art classes and enlightening the people of the community in the arts.
Provide information and scheduling on the sculpting process to the Public Art Administrator and Parks
& Recreation Department as necessary to assist with this project.
The project will be completed within the approved budget.
.
.
.
.
.
Specs and Costs
Contract proposal for the accepted design concept for the Carolyn Sims Memorial Public Art Project for
placement at the Carolyn Sims Center at Wilson Park.
Carolyn Sims Memorial ''Spirit of Florida"
Size: Thigh x 6'wide total size
Sculpture: 3' h x 4"w
Base: 4'h x 4'wide hexagon or octagon with a 2'w instep around base bottom totaling 6'
Material: Cast bronze sculpture with patined a variety of colors.
Base: Blue Granite (.75" thick) over cement base structure
2' permitter of cement or matching walkway material
Carolyn Sims bust/relief
Size: Lifelike bust of Carolyn Sims 5' total size
Bust: 22"h x 17"w head to shoulders
Pedestal: 15"square 38"high
Material: Cast Bronze for the bust with granite (color TBD) (.75" thick) over concrete base
Additional elements
Lighting: Provided on site from above
Engraved plaque for both memorial and bust Bronze size 10" x 12" with name and dates in .75" letters
and dedication in .25" lettering. Approximately 60-70 words.
Maquette production - Provide costs to reproduce small size version of Carolyn Sims Memorial )costs to
produce each bronze is additional)
Total proposal estimate at $ 60,000.00 includes:
1. Concept
2. Maquette production for Carolyn Sims Memorial artwork
3. Digital image of Maquette
4. Merchandising rights for Maquette use
5. Workshop presentation time
6. Studio tour time
7. Time for filming and documentation
8. Full size clay model for both Memorial and bust
9. Bronze casting both Memorial and bust/relief
10. Production of plaques
11. Base construction for sculptures
12. Coordination with city project manager for lighting
13. Granite and installation for sculpture bases
12. Structural engineering or material testing, permit fees, insurance to cover the scope of the project.
13. Installation of sculptures
14. Time to attend Grand Opening and unveiling events.
15. Maintenance recommendation
Terms
Maquette and delivery $ 500.00
May 2007 (PBC Grant award)$ 30,000.00
July 2007 ( Cast pieces back from foundry) $ 25,500.00
December 2007 (upon Completion and installation) $ 4,500.00
Timeline:
December 2006 - Complete the Maquette.
February - August 2007 - Present at a total of four workshops for presentation of Carolyn Sims Memorial Public
Art project. Communicate with Carolyn Sims on concepts for Carolyn Sims bronze or relief likeness.
Jan - Begin Carolyn Sims Memorial Public Art project and Carolyn Sims bust.
Jan - March 2007 - Clay models made and ready for approval
March - July 2007 - Rubber molds produced
April - July 2007 - Foundry cast bronzes
August - Dec 2007 - Plaques produced
Nov - Dec 2007 - Public Art installed
April - December 2007 (except May 31 - June 30 artist out of Country) - Conduct tours of scheduled groups to
my studio to demonstrate the process of the memorial project. Provide access to studio to film and documentary
crews. Availability for presentations and workshops scheduled by City.
December 2007 - Installation complete ready for inspection.
January 2008 - Present at Grand Opening unveiling celebrations.
\11
~
~
~
~
~
~
~
~
.
~
---~
o I::
~5
.2~
~ =
.....
"""" ~
~
.,c ,.Q
~""""
I:: ~
~~
,..c: ~
""""':5
""""
· .... ,..c:
~
..... ~
~'S
s
-
en
~ :J
0.0
.c-o
enc
-oCU
c-
_ CU .
.u .;:: ~
0> 0 ....
-Eo
~O>~
enEt
c cu
00>0>
E f; N
O>o>c
-0_0
-cu....
=0>.0
~....-o
cuuo>
o>o.c
.... - en
CU en.c
> a.--
0>-
~-O>
cen.c
CUO>-
.....c 0
LL__
e .
::s rIl
aJ aJ
aJriJ ~ Orll e
:Ee M 1"'1~::S ..=
..:::~ 'gO~~~ "0
..-4 J.4 I 0'\ \0 I rIl =
~ bl:l '11' M I ~ "'= ~
~ 0.. M\O ~ '11' aJ 0 rIl
J.4 +J t--. I '11' t--. J.4 '11' aJ
~ ~ ~ J.4 ~ t--. J.4 "0 t--. ~
~,e.=~t--.J.4~::="9"O
~U 0 E ~~ E 0 ~"O
..-4 ..c: U U ~ aJ U aJ t--. ~
b bl:l J.4 ~ U J.4 rIl ::s
"O::s 0 ..-4 ~ aJ 6 "0
~ E .8 ~ -;; ..c: ~
..-4 ..J:! aJ ~ - ~
~+J r/'1 ~o rIl
o J.4
-5 ~
r.J':J
:::
- en>,
~ cu uO>."!::: (fj E.... 0> et-.- _c
.S: en .- - c .0
e ~E.o~:J -- 0 cu 0> - e 0>0> eCfJ cu>,
0 c = 0> ~8 .;:: 0 ~
~t-.-e 0._ :J 0 E t-o>.oo> ~ >'~f; .o.c ~o
en.cooa..EE <(en-.oN. -0- o ....~.-
u a.;:- 2 5 ~ 0 ::: 00>.... o~ - .... 00 ECUCU5
\11 ~o~ EEco>o>o .- O>:J .... 0 - cr; E.E . ~ '" :JO O>OO>E
-- CU >,.c E u .o(fjou).o~ ~ ~ .. ~ o-~ ~~"' ~~55E
~ .. 0 000>0- lio>>-o>o>t .. .s: Ocuo>cu CfJ~ uO>cu .. .......
CfJ~~ c---l....~Eo CfJ +-" ~.~ CfJo~
CU 0- 0 0> C :J-;:: I~ CUcro t-cuo
0 I e >, .Oouc .c~-o.cCU .co>cro ~ <(0)0>0
-O-CUO- It-.-e f;CUE I ~.';::
o ~.... 02 .c 0 0> c-;:: E en 0> -.cCUE O~"' o ~ .S: U 0>0> en
== ~~\I'J .... - 0> 0> -0 -- c.- 0 CU f; ~O~ ol-a.o> ~~"' ca.o> =OOOOE
cuO>.co>c'S
\O~ = O:J_oocu.o ~cuE>'c .. 0 -~O>~ .. ~ = 00>~ ~~ .Q .0 -.
~ o>g-o .enE a. CU+:::..!Q \O~.... enCUN \0 ~ +:::N \0 ~ :JO>-:U5
U~ oxo>ucucu c .;:: c t ~~~ cuct ~~8 a..5-~c .
l:l~E .c~c-oO>c a5 0> ~ a. (fj '" ~ 000<( uo<(
- CUO>coo -0 en_ ~~~ +:::E.ou '6.ou 0> cu.o >,~
ocucuco.ou .... to>o>C ~~ .~ ~O8 ~~"" .ca.o>OCU
~ ~ -0 C <( ~ .- en 0> -- 0> =
0>.;:: .;:: ~ 0> Q; -.:: cu CU ~ -0 O>~o>.o -00>.0 - N....a..
o O>.~ E 0 @ ~~:Q 0> .c:J ~o .....c :J :~ o>cccuc
0 COOUo>.ccD g> t - a.. o-a.. ~geoo
~~"'..c:: := E E 0> U _ U ~co.oo>.oo> ~:~ en<(.8en ~~"'.... E.8en ~~ .... ocu.oO>..!Q
~ 0> 0> 0> C _ en-- U =
U~~ > ~ ~.- cu E C: ro~li.cenen o>ucE o>cE U~ S - -~ 0> f; ~
c 0>.;::-- 0> 0> en ~-cu ~ ~ E= 0._ ~~.~ o 0__ --o~_
~~= :Jtt.o 000 en ....cO> ~.o ~~ oS a. -0 00 ~~ e ~O>=o_
CU 0 0 cu.o-oOO
~~:::: 0> <( <( ~ E c .S> > Ef;.c,:cu clio>c ~~.~ cuO>c ~ e ;;:::-o2~cu
~ t;;j 'Iii Q~ e >>, 0> en.- ....
.c u u CU 0> >,.- ~O>O>_enO> >>, o>CU- --0>0>
- .- .- ~ 0 u c-O-:J-O- O>en~o ~t;;j~ _....0 ~~ 8 .c.- en.- _
~~ 0> .0 .0 (fj .... -0 cu_cuo-cu ~o ~ ~ E 0>.... -- 0>.... --OE>C
O>:J:J:JtCUc ....=0>.000> ~._ C CU ~~ .... c CU ~~~ 0> C ._ ~ 0>
ooa..a...o<(Ocu LL~ucuEu II)~~ 000>0 :5:0>0 CD CU 00 a.0
~::
~ ~.&.
~ . 5,..,: . ,..c:..... ~ ~
....... ....... ....... """" = ~ ....
..... I:: ..... I:: = I:: ~~= = ~.5 5
= ~ .~ CIj .~ C ~.~
,.Q5 """"~58 ,..c: 5 ........
= C .,c ,..c: """" :~
""""..... C I::""""C = ~ 5
~CIj 5 * 35 f f =....... """"
~ ~ 5 o ~ = ..... ~ ~ 5
.,c = ~ ~~ ~~~ ~.s8c
~ ~~ f i ~~ ~ i ! ~.~~
1::....... 8"""" ~e"""" t=s~
~ 0 """" I:: I:: ~ ~
,..c: ~ ~ i ~ i I:: ~ ~ ~"""" ~
~~ C c..... i ..... = ~ ~
""""8 ~ ,..c: ~ ~ ~~ ~.,c CIj """" .~ ~,..c: =
,..c: ~ .~ """" ..... """" ~ ~~ I:: e""""c
..... ~..... ~ = = ~ ~ ~~
~ ....... ~....... ~c:Q
"""" ,..c: ,.Q e,.Q ~.f:3! ~ ~ C ~
~""""~ ~~ ~ ~ C = o ~
= ~ ~ CIj
cI::8
~U
VL+, 8 c
o QJ ...... 3
C C::r l:J"O-l
...... :::::l -. -. rtl -.::r
::r QJ :::::l :::::l 0 ;::l:'-.
. \0 lO"O -. III
::!! III -:::::l""tl
...... Q (') III g ~. \0 C
~c:g!:;""":::::le:O'"
.......?' !:; (3 Q, 0 n5 ;:;.
~QJrtlCQJ!:;iil)>
rtl ro"O:::::l III n ;:.:;:+
~ QJo..C 0'< n
re Q.:::::: ~:::::l 3 0 0
9- ~. ~ O'":E 3 ;:; ~
-. :::::l Y' '< :!. C ...... rtl
:::::l \0 -..." n :::::l ::r"O
lO 0 -::r -. :::::l ......
C ~ C 0 lO ~ ;:;. ~
"0 0 :::::l ::!. -.. -. rtl
< C c... 0.. < -l ;:j:"O
< ...... QJ rtl ::r'< ~
~ 6..::r 1Il~ ~ rtl QJ ~
c.........o::!:!::::;;QJ:::::lrtl
. ::r2Qrtl3~c...~
rtl\OQJ...... QJIIl
::r ::r QJ 0 III \0 ......
QJ S :::::l <. ~ ~ ~
:::::l C 0.. -. rtl 0
~...... t6 ..."
~
~ 111
~ i~
S~ s:~
Sc jb";
~ 8" ~ g :.
0" c.c: 1:1 ""l ..,.
O~ -"....
c.c:~o - 0
::S\~'15i 3 ~
8' t"'. ~ Q'I 3 =-
::sg-=~S~
0".... 1:1 ~ .... ~-
~ - ::::.&::.; -< f'IIIIIoII
~ ~ e ~ So~.
1:1 ~ 9 a ~
'1 0" .'" 1: ~
;r~ Q'llQf'IIIIIoII
Q~ ::E
'1 ;:ro 1: \ '"
!Q~ o-~
. :::::CI)
= "
~ :t.
""l
....
.-
8 ~
;; ~ ;;
s. 8' ;; 0 ~
~I"'to==;;
Q ;- =. J.~
~ IoQ c2' Q- c:::
==l:l=~
8' l:l ... ::t. ~
... -... Q ,....
... ..... l:l.. = ~J
~ c2' ;::- ~ ~
~ Q ~ I"'to Q
l:l~~Q-
~ - ~ -~
;::-~. ~ ... =
. ~~~C/.)
~ ~ .....
(;. ;;
~ ~
-.
n-l
,......~~o:!.
v. ::::":::::l III
C u:! rtl n -.
rtl :E 3 rtl ~
\0 -. 0 "0
@ g-::!. ~ S
:::::l X QJ 0 QJ
-. . ~.o
ni~;!g.c
::r::rrtlrtl~
~ I.C. ::::;; n ni
QJ::rrtlQJ~
lOQJIIlo3
o :::::l N. '< 0
:::::lo..rtl:::::lo..
0'"3 < V'lrtl
QJ rtl _.-
III 0 iil 3 0
rtl C -. III ..."
~~g""tlg.
Vlrtl < Crtl
~ 0.. <; 0'"-
::r -. - -.
I.C. 0 =;:;. it
::r:::::l0'")>1Il
. QJ rtl -.
~ N
......rtl
~ >=
S~ ~
S~ ~
~@ ~;E";
O"~ :::: ~ ~
o t"'. 0 ~ 3 =
c.c: 0" '1 t.1t f'IIto
::s 0 ~ Q'I ~ ""'.
ocg=~ 111 Q
~ 8' ~~ ~ =
l~e ~ ;r ~
~ ~ o:::s ~
;:ro 1:1 ~ .- 'Ij
~s. =
.,~~~
QJ ""tl -l ~
III QJ ::r ~
~~rtl ~
n rtl rtl :E n ~
o < QJ _.QJ
3 rtl :::::l =(3
:::::l 0.."0 -
3V:-rtl~~ ~
-. C ...... :::::l 0 ~".
:::::l ::r ...... :so V'l -
~ ~. QJ rtl c... -. ::.
"""I~r-1"~ro 3 ...
C "OQJ......1Il .....
n C ~ -.::r n ......
~. l:J 0 ~. rtl 0 ~
o::::;;3:::::ln3 .~
:::::l ...... 0 \0 -.
~""""""<S.3 '"
"O::rrtlQJrtlC b:l
~ g 01'::!.:::::l :::::l
~103~1Il~. 0
@ ::r::: '< Q, (') ~
311l'< 0 c:ortl ...
o C ..." O:::::l "'"
!" !:!.:::::l QJ '<...... :-
QJ ;:j: ~ :::::l rtl :::l
-'< _01""'1"-':
QJ QJ :So 0 QJ b:l
:::::l :::::l ~.:::::l i: ~
0.. 0.. ~ ~::: ~
QJ QJ III ~
:::::lnO ;:ro
c...::r:::::l
~
Qol
~~
~~~
-f-:'""""-I
,Q ..... ~
-. ~ =
~~~
..... = ,.. .
Q =
-: ~
,...
~
'""""-I
>=~
~ ~~
;:; ~ Q
~ s. ~ c2'
~ ::t. ,..,
~ ~ ~~
~S2:~~~
= ,... ~ -.~
st ~ -~ =
. ~ ~.....
: '""""-I -: Q
~ ~=
~ ~~
~ ~ ~
~~
.....g.
~
~Q~("'J~
~ = ...... 0 c::: ~
$J.~==~
Q-"i=Q-~
s. = ~ = So.;:
..... ::t. ~ = ~. Q-
w 0 ~ ..... ~ =-
~ = neE" ~ ("'J.
aS~~~~
o.....O"i~.....
= ~......~ ~ ("'J
~ c::: .... l:l 0
=~ = ~ =- =
~=C/.) ,..,("'J
l:l l:l ,...l:l ~ ~
("'J......= = o~
~.....~ ~~.....
· eE" \e
I
~
l
~
a=~
~=~
~=~
~=ce-
Q ,...=
=c2'~
~ ~ ....
~ ~ =
-: = ~
~.....
~
-:
09
""t~~'" -.-. '--. c-
O /".-
z~. . -- "]~
\\I ' '0
~ ,. "
-</c~
t%j
x
::r:
H
tl::1
H
8
-
tl::1
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FOM.
VI.-CONSENT AGENDA
ITEM C.2.
Requested City Commission Date Final Form Must be Turned
Meeting Dates in to City Clerk's Office
Requested City Commission
Meeting Dates
Date Final Form Must be Turned
in to City Clerk's Office
0 December 5, 2006
0 January 2, 2007
0 January 16, 2007
0 February 6, 2007
November 20,2006 (Noon.) 0 February 20,2007
December 18,2006 (Noon) 0 March 6, 2007
January 2, 2007 (Noon) 0 March 20, 2007
January 16,2007 (Noon) ~ April 3, 2007
February 5, 2007 (Noon)
C)
--...I
February 20, 2007 (No~
~:::m
~
March 5, 2007 (Noon) _
CJl
March 19,2007 (NoonhJ
:-)
("')~
:=::;-<
--<:0
,"j -;1
;::;;g
.::-
u)-i
o
~~ ::::
-0-1 :::n
:::- r,.,
r'~>
("')
.....
-
NATURE OF
AGENDA ITEM
o AnnouncementslPresentations
o Administrative
~ Consent Agenda
o Code Compliance & Legal Settlements
o Public Hearing
o
o
o
o
o
City Manager's Report
New Business
.::-
Legal
Unfinished Business
RECOMMENDATION: Motion to approve and authorize signing of an Agreement for Water Service outside the City
Limits with Nu Dao, Henry Dao, Patrick Dao for the property at 1099 Seagrape Rd, Lantana, FL (Hypoluxo Ridge Add 2
Lot 54).
EXPLANATION: The parcel covered by this agreement includes a single-family home located in the San Castle/Ridge
Grove project area. Only potable water is available for connection to the property at this time due to recent water
main improvements constructed by Palm Beach County as part of a neighborhood improvement project. (See location
map).
PROGRAM IMPACT: A Water Distribution main has recently been completed on this street, allowing for the service
to this parcel. No additional construction will be required by the City to serve this property.
FISCAL IMPACT: None
ALTERNATIVES: None. This parcel is within the Utilities service area.
4hL~
Department Hea 's Signature
irfI~
City Manager's Signature
Assistant to City Manager
~
UTILITIES
Department Name
City Attorney / Finance
Attachments
XC: Peter Mazzella ~
File
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
1 RESOLUTION NO. R07-
2
3 A RESOLUTION OF THE CITY OF BOYNTON BEACH,
4 FLORIDA, AUTHORIZING AND DIRECTING
5 EXECUTION OF AN AGREEMENT FOR WATER
6 SERVICE OUTSIDE THE CITY LIMITS AND
7 COVENANT FOR ANNEXA TION BETWEEN THE
8 CITY OF BOYNTON BEACH AND NU DAO, HENRY
9 DAO AND PATRICK DAO; PROVIDING AN
10 EFFECTIVE DATE.
11
12
13 WHEREAS, the subject property is located outside of the City limits, but within our
14 water and sewer service area, located at 1099 Seagrape Road, Lantana, Florida (Hypoluxo
15 Ridge Add 2 Lot 54); and
16 WHEREAS, the parcel covered by this agreement will include a single-family home
17 located in the San Castle/Ridge Grove project area; and
18 WHEREAS, a water distribution main has recently been completed on this street,
19 vicinity, allowing for the service to this parcel; and
20 WHEREAS, no additional construction will be required by the City to serve this
21 property.
22 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
23 THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
24
Section 1.
The foregoing "Whereas" clauses are hereby ratified and confinned as
25 being true and correct and are hereby made a specific part of this Resolution upon adoption
26 hereof.
27
Section 2.
The City Commission hereby authorizes and directs the City Manager
28 to execute a Water Service Agreement between the City of Boynton Beach, Florida and Nu
29 Dao, Henry Dao and Patrick Dao, which Agreement is attached hereto as Exhibit "A".
30
Section 3.
This Resolution shall become effective immediately upon passage.
S:ICA\RESO\Agreements\Watcr ServicelDao Water Service Agreement.doc
1
2
3 PASSED AND ADOPTED this _ day of April, 2007.
4
5
6 CITY OF BOYNTON BEACH, FLORIDA
7
8
9
10 Mayor - Jerry Taylor
II
12
13 Vice Mayor - Jose Rodriguez
14
15
16 Commissioner - Ronald Weiland
17
18
19 Commissioner - Mack McCray
20
21
22 Commissioner - Carl McKoy
23 Attest:
24
25
26
27 Janet M. Prainito, City Clerk
28
29
30 (Corporate Seal)
S:ICA lRESO\AgreementslWater ServicelDao Water Service Agreement.doc
THIS INSTRUMENT PREPARED BY:
lame:, 1\, Cherof, Esquire
Goren, Cherof, Doody & Ezrol, P.A.
3099 East Commercial Blvd,
Suite 200
Ft. Lauderdale, FL 33308
AGREEMENT FOR WATER SERVICE OUTSIDE
THE CITY LIMITS AND COVENANT FOR ANNEXATION
THIS AGREEMENT made on this _ day of ,200_, by and between
hereinafter called the "Customer", and the
CITY OF BOYNTON BEACH, a municipal corporation of the State of Florida, hereinafter called
the "City".
WHEREAS, Customer owns real property outside of the jurisdictional limits of the City of
Boynton Beach, Florida; and
WHEREAS, Customer has requested that the City of Boynton Beach, Florida provide water
service to the property owned by Customer; and
WHEREAS, the City of Boynton Beach has the ability to provide water service to Customer's
property; and
WHEREAS, the City of Boynton Beach has a policy which conditions the grant of water
services outside of its jurisdictional limits on annexation ofthe property to be serviced into the City
at the earliest practicable time,
NOW THEREFORE, for and in consideration ofthe privilege of receiving water service from
the Municipal Water System and the mutual covenants expressed herein, the City of Boynton Beach
and the Customer, his heirs, successors and assigns, agree as follows:
1. The City agrees to provide Customer with water service from its Municipal Water
System to service the real property described as follows and which Customer represents is owned by
Customer: (Exhibit A)
2. The Customer and the City hereby agree that there are ~ Equivalent Residential
Connections which City shall service.
3. The Customer agrees to pay all costs and fees of engineering, material, labor,
installation and inspection of the facilities as required by the City of Boynton Beach Code of
Ordinances or Land Development regulations to provide service to the Customer's premises. The
Customer shall be responsible for installation in conformance with all codes, rules and regulations
applicable to the installation and maintenance of water service lines upon the Customer's premises.
All such lines shall be approved by the Director of Utilities and subject to inspection by the City
,,",,,.",",,,,,:_,,,'_t,"";';;;';"i'\'~,t~~,,,,,,,,,,,,,,,,,,,,,,,,;,,,,,,,,,,:,,'-ji,*,,',~,,.."",,,~.<,,,,,,,.;,,.,:,,,-.,,,,,,,i-,,:<t_,.,_._.,;,__
Engineers. The City shall have the option of either requiring the Customer to perform the work
necessary to conform the lines or the City may have the work performed on behalf of the Customer,
in which case the Customer will pay in advance all estimated costs thereof. In the event the City has
such work performed, the Customer will also advance such additional funds as may be necessary to
pay the total actual costs incurred by the City.
4. Any water main extension made pursuant to this Agreement shall be used only by the
Customer, unless written consent is granted by the City of Boynton Beach for other parties to
connect. All connections shall be made in accordance with the Codes and regulations of Boynton
Beach.
5. Title to all mains, extensions and other facilities extended from the City Water
Distribution System to and including the metered service to Customer shall be vested in the City
exclusively unless otherwise conveyed or abandoned to the property owner.
6. The Customer agrees to pay all charges, deposits and rates for service and equipment
in connection with water service outside the City limits applicable under City Ordinances and rate
schedules which are applicable which may be changed from time to time.
7. Any rights-of-way or easements necessary to accommodate the connections shaH be
provided by the Customer to the City.
8. The Customer shall, contemporaneously execute and deliver to the City an
Irrevocable Special Power of Attorney granting to the City the power and authority to execute and
advance on behalf ofthe Customer a voluntary petition for annexation. Customer covenants that it
shall cooperate with the City and not raise opposition or challenge to such annexation if and when
annexation is initiated. The property shall be subject to annexation at the option ofthe City at any
time the property is eligible under any available means or method for annexation. Customer will
inform any and a11 assigns or purchasers of any or part of this property of this covenant and of the
irrevocable special power of attorney, but Customer's failure to provide such notice shaH not
constitute a defense or bar to the City's rights as set forth herein. The Customer acknowledges that
the consideration of initially connecting to the City's water supply is sufficient to support the grant of
the power of attorney any subsequent disconnection or lack of service shall in no way impair the
power of attorney nor constitute a diminution or lack of consideration.
9. Annexation is intended to be and is hereby made a covenant running with the land
described in Paragraph 1 ofthis Agreement. This Agreement and the power of attorney referenced
herein is to be recorded in the Public Records of Palm Beach County, Florida, and shall be binding
on the Customer and all subsequent transferees, grantees, heirs, successors and assigns.
10. It is agreed that the City shall have no liability in the event there is a reduction,
impairment or termination in water service to be provided under this Agreement due to any
S:\CA \AGMTS\ Water ServicelWater Service Agreement - Rev) -6-06.doc
2
prohibitions, restrictions, limitations or requirements oflocal, regional, State or Federal agencies or
other agencies having jurisdiction over such matters. Also, the City shall have no liability in the
event there is a reduction, impairment or termination of water service due to acts of God, accidents,
strikes, boycotts, blackouts, fire, earthquakes, other casualties or other circumstances beyond the
City's reasonable control.
11. The Customer hereby agrees to indemnify, defend and hold harmless the City of
Boynton Beach, Florida, its Mayor, Members of the City Commission, Officers, employees and
agents (Both in their individual and official capacities) from and against all claims, damages, law
suits and expenses including reasonable attorneys fees (whether or not incurred on appeal or in
cOlmection with post judgment collection) and costs rising out of or resulting from the Customer's
obligation under or performance pursuant to this Agreement including disputes for breach of
warranty of title.
12. No additional agreements or representations shall be binding on any of the parties
hereto unless incorporated in this Agreement. No modifications or change in this Agreement shall be
valid upon the parties unless in writing executed by the parties to be bound thereby.
13. The Customer warrants to the City that Customer holds legal and beneficial title to the
property which is the subject of this Agreement.
(REMAINDER OF PAGE INTENTIONALLY LEFT BLANK)
S:\CA\AGMTS\Water Service\Water Service Agreement. Rev 1-6-06,doc
3
IN WITNESS WHEREOF, we have hereunto set our hands and seals the
day of
, in the year 20_.
Sealed and delivered in the presence of
;; .'
I ; I ,(\.,
I (~ /' J;y:' t~ iC{U/LJL
itness Signature , . )
'(~('r) r\\ /L k en {!.-A
P-rint Name
~ (1jd ;~tJ.l . tiLl la.1Jrn(X 1(
Witness Si~ure, b
~ '. (l h.p((~ - tl){ ~ e r tnL~ 17
Print Name
'\ " , -,
j ( A j) / . //~~_.CJ,it 7 (i
. ~rt[ira!U;~luJ 10 IL -e\'1
Print Name
~.~
Owner ~hife 'O........f70
-NI<,/ l/
Print Name
~e>t1)).v
o er Signatm:.~..1 b
PPr-7!2f a~ 1-1 /+-V
Print Name
STATE OF FLORIDA )
) SS:
COUNTY OF PALM BEACH )
THE FOREGOING INSTRUMENT was acknRw~edged before me this !J ~1:L day of
~.b-1L~U' 20.f!l, by HtIfJ\Cf /..Pn.o / 'tM:b.u~ mJ..09--nu AOrti1l.-' and
, who are known to me or who have produced
PI JJJru{.~v 'd~'~/ , as identification and who did/did not take an oath.
2~~~1d? f.p f1
--1U7 nt: ;'1ore f:..c;
Type or Print Name
Commission No.
My, Commission Expires:
S:\CA\AGMfS\Water ServicelpoweJ' of atty. doc - ]-6-06
H:\I 990\900 I 82.BB\AGMf\PoweJ' of Attomey-lnd I -3~_doc
f ",IU'." V
' "~,,,"i'''fjlt- ALaRIE MOATS
!'i[.(Ji.~ :.) MY COMMISSION' DO 346198
~ I ,~;;.~~! EXPIRES: September 17, 2008
l! "',R'f.I~'" Bonded ThnJ Notary Public Underwriters
~~~
~j~essed :
( ". I
~. ! . Ix~'
" 'J ,," '"
Signature
1/). I;
i\....->" I. \".<
.Ak .tlre
Owner Signature
Nt) bl1D
Printed Owner Name
AGREEMENT FOR WATER SERVICE OUTSIDE THE CITY LIMITS AND
COVENANT FOR ANNEXATION BETWEEN THE CITY OF BOYNTON BEACH AND
(INSERT NAME)
CITY OF BOYNTON BEACH, FLORIDA
a Florida municipal corporation
Kurt Bressner, City Manager
ATTEST:
City Clerk
Approved as to form:
City Attorney
STATE OF FLORIDA )
) ss:
COUNTY OF PALM BEACH)
I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State
aforesaid and In the County aforesaid to take acknowledgments, personally
appeared , City Manager and ,
City Clerk respectively, of the City named in the foregoing agreement and that they severally
acknowledged executing same in the presence of two subscribing witnesses freely and voluntarily
under authority duly vested in them by said City and that the City seal affixed thereto is the true
corporate seal affixed thereto is the true corporate seal of said City.
WITNESS my hand and official seal in the County and State last aforesaid this
,200_
day of
(Notary Seal)
Notary Public
My commission expires:
S: \CA \A GMTS\ Water Service\ Water Service Agreement - Rev I -<H:l6,doc
5
THIS INSTRUMENT PREPARED BY
James A. Chera!. Esquire
Goren. Cherot, Doody and E2ml. PA
3098 East Commercial Blvd.
Suite 200
Ft. Lauderdale, FL 33308
IRREVOCABLE SPECIAL POWER OF ATTORNEY
(By Individuals)
STATE OF FLORIDA
COUNTY OF
IlVVe, Patrick Dao, Nu Dao and Henry Dao
, hereinafter "Grantee",
hereby make, constitute, and appoint THE CITY OF BOYNTON BEACH, FLORIDA, true and
lawful attorney in fact for Grantee and in Grantee's name, place and stead, for the sole purpose of
executing on behalf of Grantee the power to initiate, maintain, and complete a voluntary petition
for annexation of the real property descnbed herein into the CITY OF BOYNTON BEACH.
This power shall extend to the CITY OF BOYNTON BEACH full and complete authority to act
on Grantee's behalf to accomplish annexation by any available means. The real property which is
the subject of this power is described as follows:
PCNNo.()<v-Lt3 - ys- Dq -lcj-DuD- 05lfO
The powers and authority of my attorney, THE CITY OF BOYNTON BEACH,
FLORIDA, shall commence and be in full force and effect on the
day of
, 20_ and the powers and authority shall be irrevocable by Grantee.
AGREEMENT FOR WATER SERVICE OUTSIDE THE CITY LIMITS AND
COVENANT FOR ANNEXATION BETWEEN THE CITY OF BOYNTON BEACH AND
(INSERT NAME)
IN WITNESS WHEREOF, the parties hereto have set their hands and seals this _ day of
,200_.
WffNESS:
( \ ......,., I
~CL 'I Q){J (/1;1 ---t t~/K.J2_S; .. -
(W.itness .Signatu~..e..., .' _.,,/./ r
V - "'?r'" ", ',J'
(\ { ~) ( j;) 1 0(1 (/ Iii U~) /
Printed Witness Name '
INDNIDUAL(S) AS OWNER(S):
~ '~
/ ,*- ?f/)~ \ et:a
@wner Signature ,
PA-Tf6.cf<. 1-1-. D lTIJ
Printed Owner Name
~, (l. 1," ~ III ,a! {
~itn~sSi ' ture
~ ch-eJ'(~ - (1\ I hernIa n
Printed Witness Name
(~CLA.jJiJ {/1{(t .'~~,v7~,-.JL~~/
(Witness Signa,re . /
'. '(~' "",.( I' '(~\ 11./\ ; ,<t-1.';"1
-^ ... L..-J V ~___.\, \ II ~ ; \.,_
Printed Witness Name
l ,J .f
G j II - 1/ JJ'1.J! II(
Witn;rs~ Sign ure ;
{I . l!-ll-e (1,\/ ~, (; be(t) fa Ii
Printed Witness Name
~"\ .42 At)
Owner Signature
Nil b4-D
Printed Owner Name
FOR INDNIDUAL(S) NOT ARIZA TION:
STATE OF J..e{\-iQ~fk.l )
, ' ) ss:
COUNTY OF}\.~~ &(p{\~ )
I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State
aforesaid and in the County aforesaid to take acknowledgments, personally appeared
P,MI~Jhr:Jh*('l\k1}AO'a.w1r){l(ho to me known to be the person(s) described in and who
executed the foregoing instrument that he/she acknowledged before me that he/she executed the
same; that the individual was personally known to me or provided the following proof of
identification:0Jl.._ UJ l)..Ic"'-i,v ?f(LI- .
WITNESS my hand and official seal in the County and State last aforesaid this ,j R'rJ;:., day of
~y-- , 2001-.
,Notary Seal)
2;;;~ iI.~/ /l7 fLr1ft
Notary Public
rJ """"'"
My Commission e u.rI' .. ~\ M VALO~'E MOATS
~~. .::j YCOMMISSION I 00346198
".f;;';"~~~ EXPIRES: September 17 200
'f."fii.' Bonded Thru Nota D.~,' . 8
ry r ""'Ie Unde,..ril...
Wi;,es~ed :
I '..' ,
, '.' "
I.....:.._.-'\_:{.;
Signature
-,
'I ..1
Ii ",_Y'
/ <2/
I-~ ~(1A,/ ";q-r-t -'
Owner Sig~atUJ,e'
(Print Name)
(I ,/1, J t
Signature
(~n~hN~~~ (-lut,t'(IYlO f1
( ";:,~"~.'- ~~~
'-./ )
I i (. ': 1'1 l:' -) i, e'~--/
I
i I -~- ,", / -----,
7i ;c:--A)/-<. ) '-- >/:*J
Printed Owner Name
Q)
~
r--
N
r--
II
.s
-0
0::
CD
C-
eo
L..
0)
CO
CD
Cf)
0)
0)
o
~
I
c
o
--
+-'
CO
U
o
-I
...
Palm Beach County Property Appraiser Property Search System
Page 1 oj
~:~:i:IW'< D.,,,, .",,, p,., ..
Property Information
locaUon Address: 1099 SEAGRAPE RD
LL'!~~~,!"1'9~",:J \
!
UNINCORPORATED
Parcel Ccmtro! Number: 00-43-45-09-14-000-0540
Subdivision: HYPOLUXO RIDGE ADD 2 IN
Official Records Booie 07813 Page: 0810 Sale Date: Jul-1993
HYPOLUXO RIDGE ADD 2 L T 54
Owner Information
Name: LUU NU DAO &
Mailing Address: 1099 SEAGRAPE RD
LAKE WORTH FL 33462 5953
Sales Information
Sales Date
Jul-1993
Feb-1987
Dec-1986
Pr~ce
Owner
$100 QUIT CLAIM LUU NU DAO &
$72,000 WARRANTY DEED
$100 QUIT CLAIM
Homestead: $25,000
of Exemption: 2006
-fa>;: "\:;<f~ar:
: $25,000
!
Va!ue:
Land Value:
Total I'~~arket V;a!ue:
U~e Code:
2006
$137 384
$41 951
$179 335
0100
2.005
$105 880 $91 591
$30 510 $24 408
$136 390 $115 999
RESIDENTIAL
Tax "lear 2006
Number of Units: 1
'Total Squal"e Feet: 1900
d T bl V 1
* in residential properties may indicate living area.
r- an ,axa e a u,~~{t; \
2005 .
Tax 'Year: 20J){i 20P4
Assessed Value: $76.528 $74.299 $72.135 [ - ......~._I. I
Exemption Amount: $25.000 $25.000 $25.000
Taxable Value: $51 528 $49.299 $47.135
Tax Values
Tax Year:
Ad Valorem:
Non Ad Valorem:
Total Tax:
l ,..;T~ ~JSil'~r,. j
.,,_,"~'b'.O.O;;^H_" . ,,,,,"",, . .<. - -{" ..- :. '''~''''':''''.
2004
$919
191
$1 110
T<i)LC9JI~L<:t()r Wgb~tg
NOTE: Lower the top and bottom margins to 0.25 on File->Page Setup menu option in the browser to print the
detail on one page.
I I nfor[1l;Jtluu I
I C:oilJ1lnJl11ty I Err11~!Qyrngnt' I _~j_t;:N
I Off\cc Locations
_.____ H ____ _______. ...
http://www.co.palm-beach.fl.us/papa/aspx/web/detail_info.aspx?p _ entity=0043450914000... 2/15/2007
. All Owner
Page 1 of 1
Ail Owner(s)
PCN Number:
00-43-45-09-14-000-0540
Owner Names
DAO PHI HUNG &
DAO PHI LING - ~ l-
LUU NU DAO &
http://www.co.palm-beach.fl.us/papa/aspx/web/allOwner.aspx?entity _ id=00434509140000... 2/15/2007
This Instrument Prepared by:
David N. Tokes, Esquire
GOREN, CHERGF, DOODY & EZROL, P.A.
3099 East Commercial Boulevard, Suite 200
Fort Lauderdale, Florida 33308
AFFIDA VIT
BEFORE ME, the undersigned authority, personally appeared PATRICK HUNG DAO,
who being by me first duly sworn, deposes and says on oath as follows:
1. That Affiant is an owner of the following described real property (the "Property"):
Lot 54, HYPOLUXO RIDGE ADDITION NO. 2, according to the plat
thereof as recorded in Plat Book 27, Page 199 of the Public Records of
Palm Beach Coun(v, Florida,
2. That by virtue of certain Warranty Deed dated February 26, 1987 and recorded in
Official Records Book 5189, Page 684 of the Public Records of Palm Beach County,
Florida, he acquired title to the Property as Phi Hung Dao.
3. Subsequently, title to this property was transferred to Nu Dao Luu (Wife of Grantor),
Phi Hung Dao, married and Phi Ling Dao, single, as tenants in common, by virtue of
certain Quit-Claim Deed dated July 23, 1993 and recorded in Official Records Book
7813, Page 810 of the Public Records of Palm Beach County, Florida.
4. Affiant hereby certifies that he is the one and the same person as Phi Hung Dao and
Patrick Hung Dao.
5. That this Affidavit is given in connection with the Water Service Agreement between
Affiant and the City of Boynton Beach.
FURTHER AFFIANT SAYETH NAUGHT.
/~;l 7 .:0 .
" 71111&2, ,~~ "~l /~;.;
V'PATRICKHUNG AO
ST ATE OF FLORIDA
COUNTY OF PALM BEACH
The foregoing instrument was acknowledged before me this J. ~cl- day of
,:-~..{e- ,2007 by PATRICK HUNG DAO, who is personally known to me or who has
produced a Florida Driver's License, as identification and who did take an oath.
;:'/;
2 (1 -&/f.-l.c/ 1m &pf1
NOT AR Y PUBLIC
My Commission Expires:
VALORIE MOATS
MY COMMISSION * DO 3~619S
EXPIRES: September 17, 2008
Bonded Thru Notary Public UndI<Wrilor.
This Instrument Prepared by:
David N. Tolces, Esquire
GOREN, CHEROF, DOODY & EZROL, P.A.
3099 East Commercial Boulevard, Suite 200
Fort Lauderdale, Florida 33308
AFFIDA VIT
BEFORE ME, the undersigned authority, personally appeared HENRY DAO, who being
by me first duly sworn, deposes and says on oath as follows:
1. That Affiant is an owner of the following described real property (the "Property"):
Lot 54, HYPOLUXO RIDGE ADDITION NO. 2, according to the plat
thereof as recorded in Plat Book 27, Page 199 of the Public Records of
Palm Beach County, Florida.
2. That by virtue of certain Warranty Deed dated February 26, 1987 and recorded in
Official Records Book 5189, Page 684 of the Public Records of Palm Beach County,
Florida, he acquired title to the Property as Phi Ling Dao.
3. Subsequently, title to this property was transferred to Nu Dao Luu (Wife of Grantor),
Phi Hung Dao, married and Phi Ling Dao, single, as tenants in common, by virtue of
certain Quit-Claim Deed dated July 23, 1993 and recorded in Official Records Book
7813, Page 810 of the Public Records of Palm Beach County, Florida.
4. Affiant hereby certifies that he is the one and the same person as Phi Ling Dao and
Hemy Dao.
5. That this Affidavit is given in connection with the Water Service Agreement between
Affiant and the City of Boynton Beach.
FURTHER AFFIANT SA YETH NAUGHT.
~~AO
HENRYD
STATE OF FLORIDA
COUNTY OF PALM BEACH
The foregoing instrument was acknowledged before me this ~ g-r:;L day of
~-e:v ,2007 by HENRY DAO, who is personally known to me or who has produced a
Florida Driver's License, as identification and who did take an oath.
7;;4-~- ((7 &-alJ
NOTARY PUBLIC
My Commission Expires:
.'~~""'" VALORIE MOATS
/Jj"l;;.~ MY COMMISSION 1/ DO ~6198
ll:;.~.:.~ EXPIRES: September 17, 200&
I ~;::.i rN 'F\.W~ Bonded Thru Notary Public Underwmers
f"",....
QU1T-CL", 1104 0...0
RA)lI;O FORM .
~1O;~..'-.ddI...-.ci~~l
"""",
--
!
j
6
~
i
..
J
1
J
JUL-l6-1993 J:28PII 93-234394
ORa 7813 P9 810
III1 ((1111 lUll( III I"
Con to.OO Doc .70
RECORD lIEfUFrEO OQROlHV H WIlJ\'EN
CLERK OF THt COURT - PB COUNTV I FL
~,,:
"
,(du ~t..v
Thl. iIl.tr" m..' Pr.palod by:
Thua aa LUll
1099 Seagrape Rd.
HYPoluxo, FL 334".2.
/
~
4HI....;
PlOPlflV Appr,lura P'f~\ld.ntlnQtlion IFolta) Nvmbethl:
\\
G.on,.elll 5,5. "~L .,:;>;\
'at;';;' ~>-. UHE fOR I'AX:(","" ()l"
OJftl1ft:~t.QJ{.fm lull. E:r~lI.ted thiB
T\tPA~~A'l LUU, a married man
jiTst Pll,ff;~!O-
NU l)A<Y..~~l.l\ (wife of Grantort, .W HUNG D/>,O , mat:'ried, and PHI LING DAD,
Single(.,jall. a~B T~nants in Common
wllose pos QUlCe q(tl!lJss 11
1099 Sea~J;llj?ft Rd., Hypo1uxo, FL 334~J_
3eclmd party: \(1 ((t,
rNrr..~,.,;,.j~.-.d twll.~ .". a.trM'Inri pelt( and ....ond HItJ' .,..., .IMIwOI IlrWgwi&r iIIIIld Pil.,lal, "."', 1.,g1.l1.".....nl...lWtlt, ..,,~
U6IgID~61 ~. .... .,. 1lU<<.e.... U1I;I .-.gnII oJ COl'pof.uon., .........' lht ~DnMt4 110 .......1. 0' 1.q~I,1
.Una:sllet~. Thari, rairlfir,t party, fw and iI, c07l$ideration oj the Bum uj$ 10.00 >
in JuJ.ndpaidby tM saU~!! pat'ly, thet'eceipt whe-reuji6 hereby acknawledged, doea het'eby remise. release IIml
quit-claim lInto tJu: $ai~'letPnd>'Pat'tylf1t'ever. all tlw right, lit/e, in!L'rest, claim unci dt'malld which the suidfirSI
pllrtv IlIu in and to thejO{kwijig,,~scribed lotipiec,e 01' parcel of land. aitll.uic. lying alld being in the County of
Palm Beach ";~~>.s'tate of F orlda . tv-wit:
Lot 54, HYPOLUXO Ri~G.~~~DDITION NO.2, according to the plat
thereof on file in ~l'l"')JHfice of the Clerk of the Circuit
Court in and for pallli..:;'aeach Caun ty, Plor ida, recorded in Plat
Daok 27, page 199.
5f'AoCE ADOYE rHIS LINE ron A{c,oAoNG OA U
23
<IllY of July
,A.D,1993
, by
,>I. ;-~.\
ijl{l Jfauf aub tJl lIolb Tn.. same together wit(~ll.hnd ~illgular the appurtenunces thereunto belmlgillg
or in anywise appertaining. and llll the ertate, right. t;l'I~uitf!r~~ li!"ll. equity and claim whatsoever af 1M said
first part!/" either in law (n" equity, to the only proper tl(c.,ij:utflt and bcholif of the said second purty jorf!vt:l',
.In .ftntJiIl .~tra:of. The said first party has si;jlled)~~,Scalcrl these ]l1"'SL'ntS the fin!! ond year first
a bove written. ( ,":!
,',
~and ~tn.. preS/?1.,;e of ' ;:: " ~
~ iQ'/'''/ / /
'~._,.. j7~C- h-~ t.....
~ ~ruhlN I" W I'd ~ (;ra...luz "'P~II';-.' .~"r') \
SvSAp c: n-i+'Z..G~ r-A. (tlt..J THUA'M"':'WVr\
:~::{i.~f~B~QIj)1 :,~~~.~:.~~~::~~
Qum K ,17t?oPrtMI
Pnnl#J N~h ~
"IU..... ~....t.... 1M ~ LuoGI'U\k1r, Ir "'11
L..>l;r.I~l"r :'J'l/"....Ill.. if.",
(!n
rn
!'T1nlal NatrM
l'n"I~1 :"0_11'1
W,11ll'M ~III\IUI", ,.. \4 {..('>.~.n.nw,.. H aJ'I)'1
1'.... t I Irr,;" .-\.~.I....
l'nA~ NUJlr
~"T^Tf'; or -.-DQr i<;t~__ ,_______J
cout."TY of_Ealm--B.each 1
ThUll Ba Luu, married
known (no lne to lie the P(!r"SDh _ dCleribod in IUu..I who esecut.ed 1he rOn:euil\i In.truITlcnL. who aek:nowledced ~(orc me thftt ~
~XC'C1IU-.J Llu:. .I.me. thuL I relied upon tile rollowiuR fc.nn_ Dr idl!:nlifiCIIUon or~.c l'Ibovl'.l'\nm~ peraon_:
F}:!~.;:ida Dr i ve.,rs License Rnd th.l.n ..th '.....X'lt'r)Rltl \.tIken.
I hrrc'hy Certlry lhnt on thi. till)'. before me, l!!In DmCCl!rduly luthorbed
Lc: ndtninllLl.:ro.LhI and \.Baa .cknowledpl!lnLl. penonft,lIYl!lppeare<i
r--
l WU.nt'u my hnnd ami omcial leal in Ole' County And SLaLe last a(oJ"'eSlIid 01.1.
,,_,23 .layot July ^.D.19~,
~~'
N...."..i.,. r - b f-"
S~ L! :.~~-e.rA.LL"L___
,....,.,~~..la..,~..,l.lli" .
NOT..Fl"AUe6(f1 ST4UPStA.l.
IQ
Q3
"
~:.!i,.">, SlJSNl C. fl1ZllERALll
,0:' 'f.\IolVCDIMISSlONlCOlCIOlIIIEXl'Illf&
..;. :., ,.".. r. ll1i7
~P.-~, toCO'*'.".....~1C.
I
, DO
~D
7r/! L. (
,(w
!;). I
'/-,{O!.>
J
::t"
00
.D
'0
0;:
4
~cr
'CIO
-t
ttl
, c:c
"u.,.........-............._____._._
....-.......-.~...._....._----_...
. ..
W....,.ANTy OCEE:F
IHtJlYID. TO I"4D''VID
CTe' 6013'
......CO..O..... 01
This 1ttal'rantu 'llud M...I:. /I,P 26th ,Jay "f FEBR\..ll\RY
1"1i!treen. B. Mi?'chell, end I\\:rmar, T _ MUcr.;,U, her hJsberd '
A: /), IU .87by
~ll'r j",,{I.., ("nll.,1 I'". II."."IU', 10 . '
, h..loI [3e LU-l and I\k..l ~ L<A.l, his wife and
Phi ~ Dao. anOl'ltt-L'1n!'r Dao~ both siI1g1p., all as Tenants in Camxm
...ltu,. I",jic](k. ".1'/"',,, ~'::le~er:>e 'Roeod
1l<'~J"'i~\}I",1 1/... fI'""h'" Hypoluxo. F loride.w.35
\, /",.. '''~hf1!,..,r' ,..,,11 h.....il'l !h",1.rm. "t(UI'ltW," "n~t' "Iunl..," ,ro('huit' aU the' ,.lIi,.. tn Ihi. imll..,tu',lnd
\~ _ -''':.::JW Mlr... ~41 '''I'rr'4'IIU"..., .....t .".."NI IIf lniJl.iduall, .~ Ih.. ...'n.....n ..,.J ...illn. "f tlllrJlOferu."J
_ll~d~: '1"1..,1 ,I... fIt""IIl', fo, nml I" ,'oll.iel.mHufl. 0/'11". Slim 01 $' 10.OJ anJ all."
1'(llll(JIJlk'~~ri;[rJI('f~ctiiUI1~s'. rt"'ri,'1 Ullu.r,.of l's 'trrrS.y ni-Imowlrr,rrw,l, '11'r"r.y {Jrnlth. 1)(l11I(1;"./f, .pU.. all("u.. ~(I.
mhC".f, ,.(;'r.tli.~.f~..:.c,om.('y! 1l1U{ ('on/lrrrll .tnl.u I/It' grar,'#I'. uU I/ld' cf'r'nin Inlier si'uur(l In Palm ~s::h
(':u",,')>. Ff'l~,I,I,)~", '
Cot 5<<, Hi<i:bluxo ~i~ AdditiO'i N<:>. 2, BCCOI'dinQ to the PIBt the!-eof.
1'eCC<'~.~ in P)a) '&d< 27. paQe 199. on file in the oft'ice of ,the Clerl, 01'.
U-.e Cil'cuit(~~ in end fa- Polm Beach CCUlly, Flori,j;<,
\_[:~j(:"")
';--',
'. ;:<-;;'\
\\-.r:%"
1/ (~;~:?~,_;;,
.~/......_\
\,':,
/......(~,
\C';")
t?
/-.~......
~ (' "
~ ,\.;:;~)~",
00 TDgtlhtr u'II/. 01/ IJ" "n.m'i.~. \Jijr..,{llamc>t1h and appu"pnonc"1 I/,,'r.lo h"loIIginl1 0' in on".
. 1 wb(' nppt'rrai,lltln. \,....::;.. '~.I ,
To .ltalJt and to, Ji~ld, . t/I;:~;;~i r~ ,Impl. 10"""'"
O. Rnd II:". (l~alll," j,.r./,y cO".na,," U"~~I;(5i1~;'-'!I". /1.01 il.o gran'or II lawfully 11""..1 o( .ald l"nd
ill 1". ,impl,,: 11.01 II,,, oroll'o, luu uood riO/" lttfJ-Iol'lfuJ.;au/horilJl.lo ".11 anol rn''''.y .ald 1"",/: 11.0/ I~~
lJ,anJor h.,,,,r,~ (..II" wo,ronb ',.~ 1/11" 10 .old, la,J).n,1, ",Ill .I,.I"nd tI,~ ,am" olloinsl I/.~ lawful dalm. 0/
011 p~rsan. wllOm,o.""r; and tllll/ .nleI.lonr! I, f"'li4.,V1I. ~nc.."""nnc.., ~J<n'pl lax.. accruinll ",Iup<!upnl
~ i,'..'l
10 D"c~mb"r ", IQ , \~'.":..,,,
( /'y))
Ili,..",/
',<-;(/
(~:~0:.~,
.i(l""d '6.4,~,~r.d Ih~... "....nll II,. day nnd "<'Dr
\" ~;';.>})
~)':'~~~~>~4. ~~ ...
'H~".r..., .....:-~H.::J,::.(J;(#' ,.."-
, i~n(!l1~qr..... ,....
In 'tifUntSs "hereof, II,,, .ald IIn",lor ha.
fl,,' 01,01'. '",rlU..".,
SI ned .,.,,/ecI alld J..I~dl" our "....nc..:
0:fi~:
STATE or ~La;:li.VI "
COUNTY or FIILM &ACIi
I'"U IllOW rOI Iteo.au.. .USI
~.'in Tu .4 .3 <D ,>. 00
.. ,ltH.I.,.U_l. Tp H.
~_... -:.:~ pua~l' rhrUa.
2;-''-'~ . '.
I
I I IlEREBY CERTIFY 'b., on ,hi. day. hrfor~' me. an oIli,.. duly
authoriltd il'l .he Stalt .1JOtr'laid and in .he County doru.aid ,to t.alc.r
~!'mdg:rn~lr~!IIY ;:.e;'~') I. MitChell
I
. to' mr tUlO\ollil1l 10 hp thf" Pf'.r10!\ drlcribrd in and whn ,r"Xthurd th~
rOH'f(oing jn'~~~ment an~e .oIit'knoowlC'dllcd bf.lore m(" "that they
(.~N'Uh'd i~' 'ern.; '.1
. ~~\" ......wi:-~s my hand ..n9;_o~l~dal a("al in 1h.~ CClunty ilnd
~}' '. . S'~1t'.'bS.L~tr"i<llhil _ct I . dR)' or
, . ,,""''',.. .F~Y A. 0,19 87
'.;:j:...':"~;~';~~i.:~:~:~~......,,..;...~~.~
TlIlt"jri1t~~'li:tfip;"p,irrd I'J: Che<-Yl::<ni th
"0'.::- ~. .\. CCt1"U\lITY TITLE C~.
AdJ/l'JS . , .' , 2;.324. So. CO\GRE:SS A~
WEST PALM'6EACH.' FLORIDA 334.06
I
~li\;il~ s\~i; ~I fI..rid~99ft
Ji~n b..e. \l.,. 19.,
4 th;" t"l' hilll. 5.HI,II.1u. 1M.
RECORD VERIFIED
PALM BEACH COUNT'(. ~LA.
JOHN B. DUNKLE
CLERK flRCUIT COURT
1'-'
fJ-.-: ;
~
." -
;0 -t
~ -
~ fJJ
0'"
::o~
.,,-
:r:~
O~
O~
G) ",
::0
J>m
." -<
:r:~
~
~ ~}
(J)
r
OJ>
~:::
-j -j
~O
00
J>O
-j'"
rn-<
. ..
.~
~~ ~
~~~
\" ~
'.' ~, I
t.; ~ iJ
r-.\\ I~ Cb.
!.','" tb
.- ~
. "
~ I
,
-':,'. I
..~.1.8 *
K rf) ~
~. :8)~
I~ I
. rH m
, ./.:1 ~
, >-3
"
~I
,"
~
~ '0.
~' ~~
;::
~ '"
~) ,,"
~
:x.,
.'
"
K
.::-..,
~.",... -.-
'~ '-',
~>,
"
"
"
~
I ~ "
~" ~ ~
~' ~ ~~ ~~~.~ "
~ ~ ~ ~,,~ "". ~ '" '
. ~~!:: ~~ ~ '" ~ > ,~I co c
I .~ ~ ~,... ~ N \1' ., "', <P 'I;
~, 1 ~ ~ ~ ~ ~ ~ ~ :e: l~' t8 ftj
~ I ~t~t'~~~~ f' ~ I ~:iJ
/ ~',~ ~~~~~~r;; ~ I' '~~ .? I
rh ~ ~ ~ \~"'~ ,,- It? dJ ':'. :".: ljn ~
m ~ ~,~ ~ ~ ~ \ ?:p:: ... I _r~
" '!:~' ",. 3i ~ ~ ~ '" '"
m ~~'~~~~IK. I ~I ~~~
1: ~~ ~ ~ ~ ~ I i'~ ~ [Jt' ~
~ ~"~~~:~ ~ ~ I ~~W1 ~~. CiJ) ~' "-
~ ~ ir~~ "" ,-,' ~ b ;::::; c
. ~~~~ ~~ ,~ '" ~' 1" ~
f'[ ~~~ I 1',"' T' ~
~~.~~~"'""" ~f,-'~G;-'cD~1 ~
~ ,,~ ~~~ ' ~ N .,' ~ I~-)
I ~~~ ~ ~ ~'ij '~ ~~. ~
I ",,,,i> N N ""~ ..' ,,"" · '
~~" '" ~,"". 1< 0 '" ,() ~ "" .
I \1>''';( ~ " ",- H 8'-" ~'" r'
~ ~ ~ ~ ~ ~~ "1 l;d ~~ 2 ~ -'
I ~ ~~ ~~~ I b Q ~ .: ~
~ ~~ ~. ~ ~~ I'" ~, .~'
~~~;;;<~~ r ':S'
1 ,~. ~ ~ '" ~ :--.. ':<:I I ;:::
I ~ ~.~'::,~'''~'N~- I b I ~
~,~ ~ '" ~ ~~ M I ~
~ ". ~~~f I I OJ' ~
~! t: ti~ ~II L~ ~ ~I
""'. ~"':i; ~ '" '-""' '" ::l( iN ~
;"::...... ~ > ~'- \." ,~ N ~ ~ ': '
~ ~ \~" ~ ~ :tl I ~I "'-
~ ~ \.. ~ ~ ~' ~'
~ ~ ~~~ ~ ~ @ ~ 'I I' J
~ ~~ ~ ~ ~~ ~
~ I ,~ ':" ~ .~ '&' 1
,~ ~~~~.i 1 ~ j
~ t ~~~~. I ~i
S ssc~"~'''''''' rr:J.1 .~ "I
6.>" J ~~ ,~ ." i:.:<' .~
;::: ij ~ '.~ ~ ~ I' , ~!
~ t~;~ :~ ~~~I · ~I
~. ~ ~.~~I I ~II
,"'~~ -1 ~'
,
0;:'
,\:,
~
.~
I~
"
~~.,:::: " '
~~~~~
.....'" " ,,,--,
. '::: "S'~ ;..:
~,~ ~ ~ ~
" .....""-."'."
~:'-. .......~
" ~,~~.......
" .....", ,="
"'",.... Ie..... ~'
_~ ~ ' co. ~
,...;::: ,?'~
~. ~ ~~
~, ~ ~~
:Z'll;l~ ;:::;~
~!::;~jC:~'
~':;:;_~ 12""
,'-'-1\.1'." ~'
'- ' -' .....
, f-i'-
~ ::ri" ::::; ,
'~ _.~. .~~
~ ~I ~
,,,~""""'~'
.~. ~'~'~
~. ~,~ ~
~'II ~~"c',~-
.~ ;::: .~.~, ~.<,
~. ~ .~'\,.~. -
"'..... ~ ~ ~
~."! \",,"~ \~
:-., I ,\,,, X. ,~,
..'~ I' ",.""
~ ~ I ttJ~
~.i ~ I ~~
"I "IO~
xs. ~~,:s~
~ I Z~
~. I ~
~I I ~..
~ I ~"',A
~~ ~ 1 ~:::
~ ~'I6" ~ I~
;::; ~ Z~ ~ 1m3
K~:~~~a
~ ~ 1 ,~ ~ 1_..
~"'~ ......... ~ Z
~~ ~~>
~~,. ~,~":1li:iII
",,'\ ..., .. I ~ ::::.'~ 1\
~~ Itr.:~"
~~ 1 t"'1"
~"'1 >',
,~~ nl8;:
~~ I?;:I>'
,,"'...... I I:.D
,~~. . in
.~" "..
~ ~ ,....
...... ,,~ ~I f-I
~ ~I ,~-I 00
"",I I ~'r ~
~ "'I <i ~I f-I
,,'H I ,\0
~ t:t:J : 10'\
~.I >-3 ,! vi W
~ I '?' 1
~I ~
~ I ~I
"1
~
~I
~I
~~I
"
,~
~I
::::;...1
"I
:') 1
~
~
~
~.
'"
~
,,",
o
o
P
t,,)
L'l
~
i-'
~
,
~I
~'
i"'~
1 ~
, ! I'''';
, ,
i ,t1
I ''7
I ~
\;1t-1
....,;.1 t:t:J
,'"
~i
,~ ~
,'-, '
r
~,
,~,\1.
~
~
I~~
~\,\
\:.,.~~
~
:~
~
~
~
~.'
".,.
,
~
~
I
I>,
IN
i~
tv
lIt::..
~
p
w
o
CD
0J
.....J
p
o
"0 =<
;0
Z lfl
--l
0 "0
C
;0 Z
"0 (f)
:r: :r:
0 }>
--l OJ
0 r
G1 lTl
;0 OJ
}> -<
"U
:r: C
--l
:r: YJ
(f) r
0 }>
lTl ::;:
~ ~
:;; co
n n
:>> 0
--l -u
f'1 ;<
[,I
,....',
/~',
:.I:
-f'
I
~ "'-.
L<~;
.-
.r.
~
0-
~'
,~ "
:x.
~
~ 25
~, ~
"
:~ :-lJ
~ ~
.' /;:1
r -B
~-.J' l:
y
,....+..
,--.;....
:~'1
~
~
"-2
,
,~
,:-,.
~
0-
~'
"
~
0-
" ~
""
~
."-..
~
"
~
~ ~ ~ ~~~,~I
~ 0 0 ~ ~~ ~ ~'bb
......~.o ':"',::::: :::::,,~ " '" '" Jp<
""~~ "".........~ ~ ~ "!:: 8
-" '';8: ~ ~ '< ~;", ':jJ
~K ~ ~~~-~ ~,I,r!
'- ::0-., .,,",'. ~ -X(I.J
~ '" .' ~ ~ ~' ~',.-r: ~,
'" ." """"",,_,, """"..,,~, ~ ,-1'-:
~ '" .~ ~,", :::;."" (n."
" ','; ",~ ~_" :o....~' !";,l j:
'=: '\;:::> ",~'~:::
'. ~ , ""''' " l,,', :::::-' H I
"'>:: ;-"." 1,,-. '~.' ~~, "'.'1':.
' ~ .",' ~ ." ...:'~' +';-
~ x' ~' ,~ ~,<,I '_!.l
~,,~.~ tg ~ J;: ,L. :r~
" ~'" ~' ,~" If-' J,;!.;c
l' 'S ~,~,';-; ~~ ,,..,t ..
j' ",""',S.>. _ ~~~,,' '~' '~.' ~
0:- ~.~ V .~ ~."
:-t """~ ~," ~,~,'r:
,-r- x........"S:~, "-"".,, '-"""'-II'
[: ~'~ ~ .~ ~~t"j
~ ::z. ~ ~..... .......1
~ ~ ,~~ ~,',~_.'~ ;1-1
'~.' _~" '" ~. . ~\1'.:
.,~....... ~~""~
?s::~:::: ~ ~ "'-~
., ,,""-... '" ....-- "~- ~~
~ -~, ,,~ -'- ~~'1:::
~ ~~ ~~ ',1M
~ ~ '\ ~ ~ ~'7'
~ ::::;'"",, ~ 0 ~.)t
" ~ ~ ~. :::::' -dTJ
'-- . ~. ~" '. ~'~
~ ". " " , ~~-
:;;.> ~~. ~..~rj
'-; .....",..~
~ ~ ~ ~,::;
"- ,-, ~",.':;:;
~ ,-,' '\-........ ,.....1
~~ ~~:::::~(J
,:\.. ~~.~,,;,
"- '~ ""..........::.,, .",
~ ~. ;,,:. ~ ~ :'
~ ...... ." ~'"",~'''''''' ;~~
~~ ~,~~,;r:-"
~ """ ~:: ~ .~' ,',",
~ ~ .; ~ :: ~t_~
"." ""~,,,
~,,--, ~~"':::::'
~ ~~,~~
~ ""'~:::::" cr,
~ --: ~ Z:z' "".:--
~r,~ .", ~ :::::"'~
"T:i ~ "-- " -'-
"-~, '" , ~
::::: . :::i ';;"" ,-",' ">-.
~ ' '-. "'- ~ '.
~. ~I
........'~ ":
~.
~'
~
~ Q
:~
~
~
........
~
.~ u;..
~'!;~:
~ {~
"'- )~J
"TI:
I i!-,
~~:-;
T~
~
~.
.':'-.
" .
~
"
~
~
..... -
~
"
"-,
,........
~.
~
~
"-
'"
.....
~
~,
.........';
,
v
;I?'
IH
..,
'TJ 0
tr>'-3
o
o-r:
"j
~I_'
.':'-.
.....
~
~
>--
~
'J '
0. \~'.')'~"/
~~"\, '
" k' ,!
~ I,r '}.
" '
~ '''.
..... ,
:-;.. c_.J
'~ (~""~
~ l_ ~',,-
"
....
........
",,,
~'::':;-
.:..: ~'>.""..........
~~.
:::: ,-.
--
~
~ ......
': \
~,
~
:::,
:::-.
:::-.
"
~ ~.
~""
" .... ,
.:; '-;'~ ':;
~- ~> ~' ';
'"', ~" " ::" ~~
"""" ". '....
,<. ".......
,,~ "- "-
~~ -, ~'"
~::-... ~
~ ~~ ~~.
~ ~ u""'
~ u:'~ "--,~'
" >-1~ -<'~
~ ~"-. "-
~ ~.'- ~,:.
........ .~ J ""'-
,.' "-1 ~ ~'
~ -;~
~ ~.~.
~. ,~;
~ ~~~
" ~ ..;; .....:.
~ ~~~
~ ~ ~,~
~i ~:~ ~
:;:' ~ '-:~
~ ~ t:rj~
~ ~ ^i~
" ~ Ci~
~ -- ~~
'" z~
~ ~
~ "
~ ~
.~ " ~
,,--' ......... "'"
~" ""'......
~ ~ ~" ',~,
'" '- ~~~,~
""" ~ ......:."
~~ " ~
~~ t'~
~~" ~ ~
~.~. ,-'
~ ~:c~
~"'~ ,>
~~ ~'>
~ ~ ,.,,'
~~
~~
" '
~~.
:--..".
/
/
/
~
~
"
"
....
"
"
"""
~
'-
"
~
':'-
~~
....
~
:::-.. -
"
en c::
02
c::: !-~
.>-:J;-tJ
,."':x: L-:rJ
~""t7, CiJ
,':t
'-:'t'" c)')
~r' 1'3
~....;.~ ~J:,'
~ 't-l "-,3
'~ r"'- "tr'!
~ r~ ;-i>:
~~7j
::s:..~ _'
~9 '1J
~. .;.~
'~ ?,,_',~c.,'
........,,--, -
~ :~ L".:
~,i f},;
~_J ;~..~ : ~ ;~ r-1
~ '"" ........
>~ 2
'H~
;C:;~
,---:
:.,.-'-,.1
~,
"
"
....
,
"
'"
~
~.
"
"
'"
,
;2
,
~
"
"
~
"
.~
Q'
~
.1='
9
~
~
;~
IF
:;.....
,,~
,-
~.
....
'"
,
~
"
,
:::::
~ )
~.)
Ul
.!::>
-..J
'-
'""1
': (JF) 1
.,,,,,~.~
.~
....,
"
,~.
"
,'"
~
....,
...
,..,
-<
":::
~
~
~.
. "
A_
~
-ii
".,.'i!
r I r
"-
"
...........
~
.........'
~.
'-;
:--.
S
~
"-
"
~
"
~'
:::-.:
,Or"'
~i
(~,
~I
II
~!I
...
.,- ~~.
I.!;"...........".'.
:'~
~
-
::;;7
''''1
....1....'.
II
il
.."
.-
.~'"
--,
-'1
~
p
w
o
CD
C>>J
...
..
1I'1Ilr'j
/,
....
....
"\
~
,.
-<
,
-"'j
<r'tW
.,.J
'i"'I;
.,.,I
:!'"
L-<
~~1"~:::'"
"
f" \.
! .\
lP' I:r:
0\ . \U
. ,,"'., ,)' ~,.
~>':.1:~ N/'~; ~ x
VI.-CONSENT AGENDA
ITEM C.3
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned
Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office
0 December 5, 2006 November 20,2006 (Noon.) 0
0 January 2, 2007 December 18, 2006 (Noon) 0 March 5, 2007 February 12,2007 (Noon)
0 January 16, 2007 January 2, 2007 (Noon) 0 March 20, 2007 March 5, 2007 (Noon)
0 February 13, 2007 January 22, 2007 ~ April 3, 2007 March 19,2007 (Noon)
0 Announcements/Presentations 0 City Manager's Report
NA TURE OF 0 Administrative 0 New Business
AGENDA ITEM ~ Consent Agenda 0 Legal
0 Code Compliance & Legal Settlements 0 Unfinished Business
0 Public Hearing 0
RECOMMENDATION: Approve Resolution No. 07-_, to support the proposed amendment to the Palm Beach County
Charter and serve a public purpose. It provides that the dissemination of information concerning the impacts of this
amendment on the citizens of the County and the City is essential to the health, safety, protection and welfare of the City and
its citizens.
EXPLANATION: Pursuant to the Palm Beach County Charter, citizens may propose changes to the Charter, and those
proposed changes must be placed on the ballot for referendum. Such an amendment is being proposed by the citizens by
means of a petition drive and will be subject to approval by the voters if sufficient signatures are gathered and if it meets all
criteria set forth in the Charter and applicable State Law. Local democratic governments should assist its citizens in
understanding issues of great importance to them by providing information in order that they may make an informed choice.
The proposed Palm Beach County Charter Amendment Petition reads:
BALLOT TITLE: Requires Both County and Municipal Voter Approval for Charter Amendments Affecting Municipal
Powers or Functions.
BALLOT SUMMARY: Shall Article 6, Section 3 of the Palm Beach County Home Rule Charter be amended to require that
a majority of Voters of Palm Beach County and a majority of Voters in each municipality voting in a referendum must
approve any amendment to the Charter which transfers or limits a function, service, power or authority of any municipality in
the county?
The attached Exhibit "A" is a copy of the petition and gives full text of the proposed amendment.
PROGRAM IMPACT: On Wednesday, March 14,2007, the Board of Directors of the Palm Beach League of Cities voted
to support the petition drive and made a financial contribution to the Let Us Vote political committee. Let us Vote was
formed to facilitate the citizen initiative. The Let Us Vote Committee is chaired by Palm Beach Mayor Jack McDonald. The
resolution declares the proposed charter change serves a public purpose and it authorizes the use of funds and dissemination
of information regarding the change.
FISCAL IMP ACT: The $15,000 in the form of a projected dues surcharge equal to approximately one year's dues to the
Palm Beach County League of Cities would need to be an appropriation from the City's Reserves Fund.
AL TERNA TIVES: Not to approve the resolution or assist in cost of the petition campaign and referendum campaign.
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM DOC
6 cr'-i.'O...
-~
~~
O. ~ .'~
j.'-~"-'.:~
i~0' 0'v
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Department Head's Signature
.}
~,
ity Manager's Signature
Assistant to City Manager ~
Department Name
City Attorney / Finance
S\BULLETIN\FORMS\i\GENDA ITEM REQUEST FORM. DOC
1 RESOLUTION NO. R07-
2
3 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
4 BOYNTON BEACH, FLORIDA (THE "CITY") FINDING THAT
5 THE EXPENDITURE OF MONEY IN SUPPORT OF THE
6 PROPOSED AMENDMENT TO THE PALM BEACH COUNTY
7 CHARTER SERVES A PUBLIC PURPOSE; PROVIDING THAT
8 THE DISSEMINATION OF INFORMATION CONCERNING THE
9 IMPACTS OF THIS AMENDMENT ON THE CITIZENS OF THE
10 COUNTY AND THE CITY IS ESSENTIAL TO THE HEALTH,
11 SAFETY, PROTECTION AND WELFARE OF THE CITY AND ITS
12 CITIZENS; PROVIDING AN EFFECTIVE DATE.
13
14
15 WHEREAS, the Board of County Commissioners has proposed certain amendments to
16 the Palm Beach County Charter (the "Charter") over the years; and
17 WHEREAS, pursuant to the Charter, the citizens may also propose changes to the
18 Charter; which proposed changes must be placed on the ballot for referendum if all criteria set
19 forth in the Charter have been met; and
20 WHEREAS, such an amendment is being proposed by the citizens by means of a petition
21 drive and will be subj ect to approval by the voters if sufficient signatures are gathered and if it
22 meets all criteria set forth in the Charter and applicable State Law; and
23 WHEREAS, the City of Boynton Beach desires that its citizens be fully informed as to
24 the impact of this proposed amendment; and
25 WHEREAS, the City Commission believes that it is a duty of local democratic
26 government to assist its citizens in understanding issues of great importance to them by providing
27 information in order that they may make an informed choice; and
28 WHEREAS, the City Commission believes that such municipal leaders have a duty and a
29 right to offer their opinion as to which course of action they think would be best for the City and
30 its citizens, and that such use of their offices is clearly for a public purpose.
31 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
32 CITY OF BOYNTON BEACH AS FOLLOWS:
33
Section 1:
The foregoing "WHEREAS" clauses are true and correct and hereby
34 ratified and confirmed by the City Commission.
Page 1 of2
S:\CA \RESO\Expenditures to serve public purpose. doc
Section 2:
The City Commission finds that it is necessary and in the public
2 interest of the citizens of the City of Boynton Beach and the City, and essential to the health,
3 safety, protection and welfare of the City of Boynton Beach and the City, for the City to expend
4 public funds and resources to utilize the time of its employees, and to utilize its various methods
5 of communication (including but not limited to television, print, and internet communication) in
6 order to educate the public concerning the proposed referendum question which is attached hereto
7 as Exhibit "A" and the impact it will have on the City and its citizens.
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28 ATTEST:
29
30
31 Janet Prainito, City Clerk
32
33 (Corporate Seal)
34
35
Section 3:
This Resolution shall take effect immediately upon passage.
day of April, 2007.
PASSED AND ADOPTED this
CITY OF BOYNTON BEACH, FLORIDA
Mayor - Jerry Taylor
Vice Mayor - lose Rodriguez
Commissioner - Ronald Weiland
Commissioner - Mack McCray
Commissioner - Carl McKoy
Page 2 of2
S:\CA \RESO\Expenditures to serve public purpose.doc
",:",.",";(~~~V.;.j,,"i~.',".v>~~.."i'
EXHIBIT "A"
PALM BEACH COUNTY CHARTER AMENDMENT PETITION FORM
Under Florida law, it is a first degree misdemeanor to knowingly sign more than once a petition or petitions for a candidate, a minor
'olitical party, or an issue. Such offense is punishable as provided in s. 775.082 or s. 775.083. [Section 104.185, Florida Statutes]
Name
Date of Birth
Please Print Name as it Appears on Voter Information Card
Residential Street Address
City Zip
I am a registered voter of Palm Beach County and hereby petition the Supervisor of Elections to place the following ballot title,
summary and charter amendment on the ballot in the next election available for such purpose pursuant to Section 6.3 of the Palm
Beach County Charter after final verification of the full number of signatures necessary by the Supervisor of Elections.
BALLOT TITLE: Requires Both County and Municipal Voter Approval for Charter Amendments Affecting
Municipal Powers or Functions
BALLOT SUMMARY: Shall Article 6, Section 3 of the Palm Beach County Home Rule Charter be amended to
require that a majority of Voters of Palm Beach County and a majority of Voters in each municipality voting in
a referendum must approve any amendment to the Charter which transfers or limits a function, service, power
or authority of any municipality in the county?
FULL TEXT OF THE PROPOSED AMENDMENT:
Section 6.3 Home Rule Charter Amendments
ill Amendments to this Home Rule Charter may be proposed by the Board of County Commissioners by an
affirmative vote of at least four (4) members, subject to approval by the voters of Palm Beach County in a
referendum. The Home Rule Charter amendment may also be initiated by seven (7) percent of the number
of voters qualified to vote in the last general election, and the initiated amendment shall be presented and
verified in the manner and time set forth in Article V, Section 5.1. The Home Rule Charter amendment so
initiated shall be placed on the ballot on the first Tuesday after the first Monday in November of any year or
in connection with a presidential preference primary occurring at least thirty (30) days after verification. If
approved by a majority of those who voted, the Home Rule Charter amendment shall become effective on
the date specified in the amendment, or, ifnot so specified, on January 1 following the election. Each
amendment to this Home Rule Charter shall be limited to a single and independent subject.
ill Notwithstanding subsection (1), absent the approval of a maiority of the voters of Palm Beach County
voting in a referendum, and the approval of a maiority of the voters of each municipality voting in a
referendum, this Charter may not be amended to transfer or limit a function, service, power or authority of
any municipality within the County.
[Note: Language underlined is new language that is proposed to add to the charter.]
X
DATE OF SIGNATURE
SIGNATURE OF REGISTERED VOTER
Pd. Pol. Adv. paid for by the Let Us Vote Political Committee, PO Box 3286, Palm Beach, FL 33480.
VI.-CONSENT AGENDA
ITEM D.
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Commission Date Final Form Must be Turned Requested City Commission
Meeting Dates in to Citv Clerk's Office Meeting Dates
0 December 5, 2006 November 20, 2006 (Noon.) 0
0 January 2, 2007 December 18, 2006 (Noon) 0 March 5, 2007
0 January 16,2007 January 2, 2007 (Noon) 0 March 20, 2007
0 February 13,2007 January 22, 2007 ~ April 3, 2007
Date Final Form Must be Tumed
in to City Clerk's Office
February 12,2007 (Noon)
March 5,2007 (Noon)
March 19,2007 (Noon)
City Manager's Report
New Business
Legal
Unfinished Business
;J
.~") -t
::::::i-<
0 Ann ouncements/Presentations 0
NATURE OF 0 Administrative 0
AGENDA ITEM 0 Consent Agenda 0
0 Code Compliance & Legal Settlements 0
0 Public Hearing 0
......:J
--.J
:J:
;:::...
:;:0
N
C)
,,'1
-C)
;;~;;~
-,::r-:
RECOMMENDA TION:
Return cash bond of$325,050.00 to The Related Group for the project known as Marina Village (Building I).
"
3::
N
..
Ci~ -<
o
"""""'--.-
::':;i-
"l"1CD
-rrl
.:J>
rr.o
-
o
CJ1
EXPLANA TION:
On August 3, 2006, the Building Division sent to the Finance Department a cash bond of $325,050.00 for the completion of
the permitted work for the project known as Marina Village (Building 1) located at 743 NE 1st Avenue. The work has been
completed and the Certificate of Occupancy was issued on November 17,2006.
PROGRAM IMPACT: None
FISCAL IMP ACT: None
ALTERNATIVES: None
~
City Manager's Signature
Assistant to City Manager ~
Development Department
Department Name
City Attorney / Finance
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
c:a RELATED
T '
{_~ R;, B(A~'~~
~l ~ [~ ~r[~jC
BUILDING DIVISION
t\ !
. l ~;. " .
\lJ;,L~l '~r~r:- Bj:,l}{J
., . ,; n~jlr
7....~ j.1-!~:""r~~- -~;::_:-
EXHIBIT "A"
CITY OF BOYNTON BEACH
P.O. BOX 310
BOYNTON BEACH FL 33425
C E R T I F I CAT E
o F
OCCUPANCY
Issue Date
11/17/06
Parcel Number
Property Address
08-43-45-27-01-000-0370
743 NE 1ST AVE
BOYNTON BEACH FL 33435
Subdivision Name
Legal Description
Property Zoning
MARINA VILLAGE AT BOYNTON
BEACH CONDO LT
CENTRAL BUSINESS DIST.
Owner .
TRG BOYNTON BEACH LTD
2828 CORAL WAY PH
MIAMI FL 33145
Contractor
CURRENT BUILDERS OF FLORIDA
Application Number.
Description of Work
Construction Type
Occupancy Type
Flood Zone . . .
03-00004685 000 000
COMMERCIAL BUILDING
TYPE II CONSTRUCTION
RESIDENTIAL
A-7 FLOOD ZONE
SPECIAL CONDITIONS
BUILDING #1
Approved
~~cS~J
VOID UNLESS SIGNED BY BUILDING OFFICIAL
The described portion of the structure has been inspected for
compliance with the requirements of the code for the occupancy
and division of occupancy and the use for which the proposed
occupancy is classified.
EXHIBIT "B"
DEPARTMENT OF DEVELOPMENT
BUILDING DIVISION
MEMORANDUM NO. 06-114
TO:
Bill Mummert, Director of Finance
FROM:
William C. Bucklew, Building Official
[t1Jf?r-
DATE: August 3, 2006
SUBJECT: CASH BOND - MARINA (Bldg. 1) -743 NE 1st AVENUE
Attached is a check for $325,050.00, which is a cash surety for the Marina (Bldg. I) and is to be held until
all outstanding issues of their temporary Certificate of Occupancy are completed. This should occur within
30 days.
Upon completion of the deficiencies of the permit and the issuance of the final Certificate of Occupancy,
the surety will be returned.
WCB:rs
Attachment/check
XC: Permit File # 03-4685
EXHIBIT "C"
SIDcvelopmcnt\BUILDlNG\MClllos\Cash Bonds - FY 2006\Marina 03-4685 doc
, " .', '. .- - -: :' - - " - - " ' - - " -,' -~ -: .' - , :':: -' <: .>:
II""B" . . ... ....k1d..~...:.
, "i~ ' D:iiili..r,..TBI"" ". . ::' ,"'., .
,:,- ',.':! ~.._~.," j : r :d''-_.,'-'"
, - ; ',-',' _;-,;.: c-;.,~: _,"!:' - r:,':;;""",i .C. " _ - '_ _ "_,: _ ,-', ".' " .-~
TO
THE
OROER
OF'
00
(
~
C
~
..___.: _..1
IssU<jd by Integrated Payment Systems Inc., Englewood, Colorado
._._._I()_q~~Xl~c.t:J.jl,,,J3B.1!~IE,..!\I.Y..__.
..
III * 0 B 2 * 11111:.: 0 2 2 000 8 b B .:
b BOO b,b * 2 b b 11 2 * b III
CITY OF BOYNTON BEACH
Boynton Beach, Florida
44005
:L,
I.......J
,..(,,\ ^,...J.+,
i v \{'!J '-V t '} ..-....I'
FO;-~-PC[~nl+ ()~- Y
(1''-'' \.
"-- ~-~ (.,(.1 '0\ _ \
~-, r-_. ,
$ .~~. (\)StJ.,
i
L__ _____ _~____ __ ,_,_,_ _._ ___~ ____.__"......... _~_,...:........ "-_ _._ __.______"-- _ __ __ __._......--. __ .....___""-,_ "'_._______ __ _..... ___......~.~.......____........._ ~_ .....:.;-.
EXHIBIT "D"
Qr
t-
VI.-CONSENT AGENDA
ITEM E.:
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned
Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office
0 December 5, 2006 November 20,2006 (Noon.) 0
0 January 2, 2007 December 18, 2006 (Noon) 0 March 5, 2007 February 12,2007 (Noon)
0 January 16,2007 January 2,2007 (Noon) 0 March 20, 2007 March 5, 2007 (Noon)
0 February 13,2007 January 22, 2007 ~ April 3, 2007 March 19,2007 (Noon)
0 Announcements/Presentations 0 City Manager's Report
NATURE OF 0 Administrative 0 New Business
AGENDA ITEM ~ Consent Agenda 0 Legal
0 Code Compliance & Legal Settlements 0 Unfinished Business
0 Public Hearing 0
RECOMMENDATION: Authorize the use of$306.25 for non-profit registration fees for Boynton Terrace, Ridgewood
Hills, Boynton Hills, MKL, Jr., and Poinciana Heights Homeowners Associations.
EXPLANATION: Commission approval is requested for allocation of $306.25 ($61.25 per HOA) to pay non-profit fees for
Boynton Terrace HOA, Ridgewood Hills HOA, Boynton Hills HOA, MLK, Jr. HOA, and Poinciana Heights HOA.
PROGRAM IMPACT: Allocation of funds will assist the above program.
FISCAL IMPACT: (Include Account Number where funds will come from.) 001-1110-511-95-47
Funds are budgeted for these types of activities. Each Commissioner has $15,000 in Community Investment Funds to allocate
subject to Commission approval.
Department Head's Signature
;'9
City Manager's Signature
ALTERNATIVES: Decline to authorize the requested use.
Department Name
S:\BULLETlN\FORMS\AGENDA ITEM REQUEST FORM. DOC
EXHIBIT A
COMMUNITY INVESTMENT FUND
DISBURSEMENT REQUEST FORM
Part 1- Summary of Request
Date of Request: March 26, 2007
Requested by Mayor/Commissioner: Commissioner McCray
Amount Requested: $306.25
Recipient/Payee: Boynton Terrace HOA, Ridgewood Hills HOA, Boynton Hills HOA,
MKL, Jr. HOA, and Poinciana Heights HOA.
Description of project, program, or activity to be funded: Funds will be used to pay the non-
profit registration fee for each HOA which is $61.25 each.
Dated: .3/)'/c1 ')
By: ~Vh~ &J.~~
Part II-Availability of funds (to be completed by the Finance Director)
The annual appropriation of funds available to the requesting Member of the Commission
listed above is $15,000. $2,000 has been used to date by the requesting Member, leaving a
balance of available funds of $13,000. This request would bring the available amount down
to $12,693.75.
Accordingly:
)( There are funds available as requested
[] There are insufficient funds available a~s es ed.
Dated: -3 L 1 It> L By: U- _
/ I Finance Dir ctor
Part 111- Eligibility Evaluation (to be completed by City Manager)
Dated:
~- <:~,rl-Gl
B'" The proposed expenditure of funds will not result in improvement to private
property;
U The recipient/payee provides services within the City of Boynton Beach;
ca/ The project, program or activity which is being funded will occur in the City
of Boynton Beach and participation is open to all residents of the City; and
if Proper safeguards will be implemented to assure that the public funds being
appropriated will be used for the stated purpOj
'/~
1// l I ..
.~ vw~
City Manager
By:
S:\City Mgr\Administration\MAYORCOM\COMMUNITY INVESTMENT 2005-2006\BLANK FORM REVISED05-
06.doc
Tb.e Citl} 0/ BOl}nton Beacb.
OFFICE OF THE CITY MANAGER
100 E. BOYNTON BEACH BOULEVARD
P.O. BOX 810
BOY1VTON BEACH, FLORIDA 88425-
0810
CITY MANA GER 'S OFFICE: (561) 742-
6010
'P'AX: (561) 742-6011
E-1HAIL: HA WKINSW@CI.BOYN'TON-
March 6,2007
Ms. Doris Jackson, President
Poinciana Heights Neighborhood Association
531 NW 10th Avenue
Boynton Beach, FL 33435
Dear Ms. Jackson:
It has come to my attention that your organization is requesting the City's
assistance in paying your 2007 Annual Report fee of $61.25 to the Florida
Department of State. As you are aware, the City has paid this fee for your
organization for the past three years because it was a startup organization and
many of the members were from low income households. When payment was made
last year, the Neighborhood Service staff informed you, at my direction, that the
City would no longer pay this fee for your organization. The City cannot
continually provide a service to one neighborhood organization that it is not
providing to all the other neighborhood organizations.
The City is committed to working with your organization to grow and expand your
neighborhood outreach and community building activities. That said Neighborhood
Services Manager, Regenia Scott, is available to assist you in facilitating
fundraising activities that will help in securing funds for administrative and
program operations that would include the payment of this fee. There is still time
to raise this amount, as the filing deadline is May 1.
If you have any questions, please feel free to contact me at (561) 742-6010.
Sincerely,
Wilfred Hawkins
Assistant City Manager
Cc: Regenia H. Scott, Neighborhood Services
AlvIERICA..'8 GATEn:4 Y TO THE GULF8TREA.NI
The City 01 Boynton Beach
OF'F'ICE OF' THE CITY MANAGER
l()() E. BOYNTON BEACH BOULEVARD
P.O. BOX :no
130 LVTO.V BEACH, Ji'LORIDA 8:3425-
0810
CIT} , JUANA OER 'S OPP'ICR: (56]) 742-
(j() 1 ()
l'~4X: (561) 742-ri011
E-MAIl,: HA ll'IaNSll'@CI.BOl'N7'ON-
~('r~,
(l". ~......... / . v';
o ~"
-'"'1'/0 \,1 "(;)
March 6,2007
Ms. Gertrude Sullivan, President
Boynton Terrace Neighborhood Association
201 NE 6th Avenue
Boynton Beach, FL 33435
Dear Ms. Sullivan:
It has come to my attention that your organization is requesting the City's
assistance in paying your 2007 Annual Report fee of $61.25 to the Florida
Department of State. As you are aware, the City has paid this fee for your
organization for the past three years because it was a startup organization and
many of the members were from low income households. When payment was made
last year, the Neighborhood Service staff informed you, at my direction, that the
City would no longer pay this fee for your organization. The City cannot
continually provide a service to one neighborhood organization that it is not
providing to all the other neighborhood organizations.
The City is committed to working with your organization to grow and expand your
neighborhood outreach and community building activities. That said Neighborhood
Services Manager, Regenia Scott, is available to assist you in facilitating
fundraising activities that will help in securing funds for administrative and
program operations that would include the payment of this fee. There is still time
to raise this amount, as the filing deadline is May 1.
If you have any questions, please feel free to contact me at (561) 742-6010.
Sincerely,
Wilfred Hawkins
Assistant City Manager
Cc: Regenia H. Scott, Neighborhood Services
A~'fERICA 'S GA TEH'A Y TO THE G ULFSTREA...M
Tbe Citl} 0/ BOl}11to11 Beach
OFFICE OF THE CITY MANA GER
100E. BOYNTON BEACH BOULEVARD
P.O. BOX 310
BOYNTON BEACH. FLORIDA 83425-
0310
Cl'l'Y MANAGER'S OFPICE: (56]) 742-
6010
F.4X: (561) 742-6011
E-lvIAIL: HA WIlINSW@C'I.BOYN'PON-
March 6,2007
Ms. Myra Jones, President
Ridgewood Hills Neighborhood Association
311 NW 4th Avenue
Boynton Beach, FL 33435
Dear Ms. Jones:
It has come to my attention that your organization is requesting the City's
assistance in paying your 2007 Annual Report fee of $61.25 to the Florida
Department of State. As you are aware, the City has paid this fee for your
organization for the past three years because it was a startup organization and
many of the members were from low income households. When payment was made
last year, the Neighborhood Service staff informed you, at my direction, that the
City would no longer pay this fee for your organization. The City cannot
continually provide a service to one neighborhood organization that it is not
providing to all the other neighborhood organizations.
The City is committed to working with your organization to grow and expand your
neighborhood outreach and community building activities. That said Neighborhood
Services Manager, Regenia Scott, is available to assist you in facilitating
fundraising activities that will help in securing funds for administrative and
program operations that would include the payment of this fee. There is still time
to raise this amount, as the filing deadline is May 1.
If you have any questions, please feel free to contact me at (561) 742-6010.
Sincerely,
Wilfred Hawkins
Assistant City Manager
Cc: Regenia H. Scott, Neighborhood Services
A.AfERICA. '8 GA.TElVA. Y TO THE GULF8TREA.1~f
ne Citl} 01 BOl}DtoD Beach
OPPIC'E OP TIIE CIT} , ltfANA GER
100 E. HOYN'l'ON Bk~lCII BOCLEVAND
P.O. BOX 310
BOYNTON Blt'ACI-/, FIJONIIJ.1 ,'J3425-
0310
CrTY MANAGER'S OFFJ('E: (5(jJ) 742-
6010
F'/lX: (561) 742-(jO] 1
E-"HAIIJ: IIA Jl'HINSW@('I.JJO}'N'lYXV-
~...\\". 0/.
'\
\}J......~k..j /
O~ ~,
'I' ',. " I::>
, ();"
March 6, 2007
Ms. Elizabeth Jenkins, President
Boynton Hills Neighborhood Association
711 NW 1st Street
Boynton Beach, FL 33435
Dear Ms. Jenkins:
It has come to my attention that your organization is requesting the City's
assistance in paying your 2007 Annual Report fee of $61.25 to the Florida
Department of State. As you are aware, the City has paid this fee for your
organization for the past three years because it was a startup organization and
many of the members were from low income households. When payment was made
last year, the Neighborhood Service staff informed you, at my direction, that the
City would no longer pay this fee for your organization. The City cannot
continually provide a service to one neighborhood organization that it is not
providing to all the other neighborhood organizations.
The City is committed to working with your organization to grow and expand your
neighborhood outreach and community building activities. That said Neighborhood
Services Manager, Regenia Scott, is available to assist you in facilitating
fundraising activities that will help in securing funds for administrative and
program operations that would include the payment of this fee. There is still time
to raise this amount, as the filing deadline is May 1.
If you have any questions, please feel free to contact me at (561) 742-6010.
Sincerely,
Wilfred Hawkins
Assistant City Manager
Cc: Regenia H. Scott, Neighborhood Services
A..L'IERICA. '8 GA. TETYA. r TO TIfE G ULF8TRK4JI
The Citl} 0/ BOl}nton Beach
OFFICE OF THE CITY AIANA GER
100E. BOYNTON Bb'ACH BOULEVARD
P.O. BOX 310
BOYNTON Bb'ACH, FLORIDA 33425-
0310
CITY MANAGER'S OFFICE: (,56]) 742-
6010
FAX: (,56]) 742-6011
E-MAIL: HAWKINSW@CI.BO}.NTO~V-
March 6, 2007
Mr. Willie Aikens, President
MLK, Jr. Neighborhood Association
726 NE 1st Street
Boynton Beach, FL 33435
Dear Mr. Aikens:
It has come to my attention that your organization is requesting the City's
assistance in paying your 2007 Annual Report fee of $61.25 to the Florida
Department of State. As you are aware, the City has paid this fee for your
organization for the past three years because it was a startup organization and
many of the members were from low income households. When payment was made
last year, the Neighborhood Service staff informed you, at my direction, that the
City would no longer pay this fee for your organization. The City cannot
continually provide a service to one neighborhood organization that it is not
providing to all the other neighborhood organizations.
The City is committed to working with your organization to grow and expand your
neighborhood outreach and community building activities. That said Neighborhood
Services Manager, Regenia Scott, is available to assist you in facilitating
fundraising activities that will help in securing funds for administrative and
program operations that would include the payment of this fee. There is still time
to raise this amount, as the filing deadline is May 1.
If you have any questions, please feel free to contact me at (561) 742-6010.
Sincerely,
Wilfred Hawkins
Assistant City Manager
Cc: Regenia H. Scott, Neighborhood Services
A1tfERICA'S GATETVA Y TO THE GULFSTREAAf
~
r
VI.-CONSENT AGENDA
ITEM F.
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned
Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office
0 December 5, 2006 November 20,2006 (Noon.) 0
0 January 2,2007 December 18, 2006 (Noon) 0 March 5, 2007 February 12,2007 (Noon)
0 January 16,2007 January 2, 2007 (Noon) 0 March 20, 2007 March 5, 2007 (Noon)
0 February 13, 2007 January 22,2007 ~ April 3, 2007 March 19,2007 (Noon)
0 Announcements/Presentations 0 City Manager's Report
NATURE OF 0 Administrati ve 0 New Business
AGENDA ITEM ~ Consent Agenda 0 Legal
0 Code Compliance & Legal Settlements 0 Unfinished Business
0 Public Hearing 0
RECOMMENDATION: Authorize the use of$2,000 for Rae's Academy ofTae Kwon Do from Vice Mayor Rodriguez's
Community Investment Funds.
EXPLANATION: Commission approval is requested for allocation of$2,000 for Rae's Academy ofTae Kwon Do to defray
cost for Competition Team who will be attending the U.S. National Tae Kwon Do Championships/Junior Olympics in July
2007 in San Jose, California.
PROGRAM IMPACT: Allocation of funds will assist the above program.
FISCAL IMPACT: (Include Account Number where funds will come from.) 001-1110-511-95-47
Funds are budgeted for these types of activities. Each Commissioner has $15,000 in Community Investment Funds to allocate
subject to Commission approval.
Department Head's Signature
~
City Manager's Signature
ALTERNATIVES: Decline to authorize the requested use.
Department Name
S:\BULLETlN\FORMS\AGENDA ITEM REQUEST FORM. DOC
EXHIBIT A
COMMUNITY INVESTMENT FUND
DISBURSEMENT REQUEST FORM
Part 1- Summary of Request
Date of Request: March 26,2007
Requested by Mayor/Commissioner: Vice Mayor Rodriguez
Amount Requested: $2,000.00
RecipientlPayee: Rae's Academy ofTae Kwon Do
Description of project, program, or activity to be funded: Funds will be used for Competition
Team who will be attending the U.S. National Tae Kwon Do Championships/Junior
Olympics in San Jose, California in July 2007.
Dated: ..::,J;;l~/(.'7 By: ~")-Tt. lu'vi'a.Jl-
Part II-Availability of funds (to be completed by the Finance Director)
The annual appropriation of funds available to the requesting Member of the Commission
listed above is $15,000. $0.00 has been used to date by the requesting Member, leaving a
balance of available funds of$15,000. This request would bring the available amount down
to $13,000.
Accordingl y:
)i( There are funds available as requested
o There are insufficient funds available ~s mest~dj ~I
Dated: ..:J b. '1 / () 7 By: ().JJIJJ4I1/{..<h -4-
I I Finance Director
Part 111- Eligibility Evaluation (to be completed by City Manager)
Dated:
~ The proposed expenditure of funds will not result in improvement to private
property;
cr'The recipient/payee provides services within the City of Boynton Beach;
H The project, program or activity which is being funded will occur in the City
of Boynton Beach and participation is open to all residents of the City; and
Q....- Proper safeguards will be implemented to assure that the public funds being
appropriated will be used for the stated purp~e.
I
,I/)
~.'d 7-07 By: J,..a.~(~1.'~-
CIty Manager
S:\City Mgr\Administration\MA YORCOM\COMMUNITY INVESTMENT 2005-2006\BLANK FORM REVISED05-
06.doc
's"~~'f",,,,>;o;,;;,_.,~,.,,,,_,~'i~""""""'''''~''''''~-;';'''''~'''''''''''""''V;''';'')'''
Mar 15 07 07:34p
Ginger
561-969-9202
p.1
o
Rae's Academy ofTae Kwon Do
Wisdom., VIrtUe:and Physique!
March 5, 2007
Rae's Academy ofTae Kwon Do
3469 W. Boynton Beach Blvd. Suite 16
Boynton Beach, FL 33436
Dear Sponsor:
Rae's Academy ofTae Kwon Do bas been serving Palm Beach County since 1989. We are members of the
World Tac Kwon Do Federation and the USA TaekwGDlio Association
In July 2007, our Competition Team will be attending the U.S. National TaekwondG Championships/Junior
Olympics in San Jose, California. Our academy is looking for sponsors who "ill help our team. meet its
goal.
We need to raise Fifteen Th<lU5and Dollars! Approximately 750.00 per student ,"'ill cover Team uniforms
and Equipment, Travel Expenses (Flight, Hotel, Etc) and Competition Entrnnce Fees.
By assisting the Competition Team you will be furthering the following principals of lIaditional Tae Kwon
Do:
</ Each student works to maintain the following values: Honesty, Integrity, Respect, Discipline, Courage
and Perseverance'!
./ These programs allow our students to grow personally and physically as individuals!
,/ Included in our programs are discussions, activities, and practices that encourage positive character
development and stress the importance of education!
~ Through om training programs, students learn traditional Tae Kwon Do combined with 01:ympic style
sparring. A dynamic combination! We follow the rules and regulations of the WfF (World Tae Kwon
Do Federation) and USA T (United States of America Tae Kwon Do).
By becoming a sponsor for our journey you will be assisting in the development of our students. We are
asking for sponsors to assist >\-ith the travel expenses, hotel rooms and gear needed for the tournament. If
you are interested in becoming a sponsor it can take many forms, by a monetary donation, a donation of
specific gear -Of a donation toward a specific part of the competition.
We appreciate your involvement and generosity to our students. If you bave further questions please
contact Ms. Elysha Schneider at 561-735-0306. Please make checks payable to Rae's Academy ofTae
Kwon Do.
Sincerely,
C~ .--->
Ms. Elysha Schneider
Competition Team Leader
--
Rae's Academy of Tae Kwon Do
www.mytkdacaderny.com
VIII.-PUBLIC HEARIN<:
ITEM A.
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Commission Date Final Form Must be Turned
Meeting Dates in to City Clerk's Office
0 December 5, 2006 November 20,2006 (Noon.) 0
0 January 2, 2007 December 18,2006 (Noon) 0
0 January 16, 2007 January 2, 2007 (Noon) 0
0 February 6, 2007 January 16, 2007 (Noon) ~
Requested City Commission
Meeting Dates
Date Final Form Must be Turned
in to City Clerk's Office
February 13, 2007
February 5, 2007 (Noon)
March 5, 2007
February 20, 2007 (Noon)
March 20, 2007
March 5, 2007 (Noon)
April 3, 2007
March 19,2007 (Noon) C)
--J
3:
:Po
::0
0 Announcements/Presentations 0 City Manager's Report
NATURE OF 0 Administrative 0 New Business
AGENDA ITEM 0 Consent Agenda 0 Legal
0 Code Compliance & Legal Settlements 0 Unfinished Business
~ Public Hearing 0
RECOMMENDATION: Please place this request on the April3, 2006 City Commission Agenda under
Public Hearing. The Community Redevelopment Agency Board on March 13,2007, recommended that the request
be approved. For further details pertaining to this request, see attached Department Memorandum No. 07-017.
EXPLANATION:
PROJECT:
AGENT:
OWNERS:
LOCATION:
Ocean Breeze West (SPTE 07-002)
Bradley Miller, Miller Land Planning Consultants, Inc.
Larry Finkelstein, Affordable Housing, LLC
Southwest corner of Northwest Sth Avenue and Seacrest Boulevard, located
approximately one-third (113) mile north of Boynton Beach Boulevard.
Request for a one (1) year site plan time extension for Ocean Breeze West
(NWSP 05-030) approved on January 3, 2006, from January 3, 2007 to
January 3, 200S.
DESCRIPTION:
De
PROGRAM IMP ACT:
FISCAL IMP ACT:
AL TERNA TIVES'
Assistant to City Manager ~
/- "~
/1. W'
Planning a a Zoning Director City Attorney / Finance
S:\Planning\SHARED\WP\PROJECTS\Ocean Breeze West\SPTE 07-002\Agenda Item Request Ocean Breeze West SPTE 07-002 4-3-07.doc
S:\BULLET1N\FORMS\AGENDA ITEM REQUEST FORM.DOC
.;:-
n
(") -l
:=i -<
-<0
iJ .."
:~ro
r:~.~l-~
,--"-.,Z
(j? --i
o
,'=,Z
...."
-" CO
-rrl
0):>
rrl('")
::I:
:r:-
::it:
\f1
U1
N
TO:
THRU:
FROM:
DATE:
PROJECT:
REQUEST:
DEVELOPMENT DEPARTMENT
PLANNING AND ZONING DIVISION
MEMORANDUM NO. PZ 07-017
Chair and Members
Community Redevelopment Agency Board
1-\l.)'CZ--
Michael Rumpf
Director of Planning and Zoning
Kathleen Zeitler tZ.
Planner '
March $, 2007
Ocean Breeze West (SPTE 07-002)
Site Plan Time Extension
Property Owner:
Applicant I Agent:
Location:
Existing Land Use:
Existing Zoning:
Proposed Land Use:
Proposed Zoning:
Proposed Use:
Acreage:
Adjacent Uses:
North:
PROJECT DESCRIPTION
Mr. Larry Finkelstein, Affordable Housing, LLC
Mr. Bradley Miller, Miller Land Planning Consultants, Inc.
Southwest corner of Northwest 8th Avenue and Seacrest Boulevard, located
approximately one-third (1/3) mile north of Boynton Beach Boulevard (see
Location Map - Exhibit "A'')
High Density Residential (HDR)
Multi-Family Residential (R-3)
No change proposed
No change proposed
Townhouses
3.44 acres
Immediately north of the subject property is right-of-way for Northwest 8th Avenue,
and then farther north is a developed lot (church) classified Low Density Residential
(LDR) land use and zoned Single-family Residential (R-1-A), farther northeast is a
developed residential lot classified High Density Residential (HDR) land use and zoned
Multi-family Residential (R-3). Directly to the northwest of the subject property are
partially developed residential lots classified Low Density Residential (LDR) land use
and zoned Single-family Residential (R-1-A);
Page 2 ,
Ocean Breeze West
SPTE 07-002
South:
Developed lots classified Low Density Residential (LDR) land use and zoned Single-
family Residential (R-l-A);
East:
Right-of-way for Seacrest Boulevard, then farther east are vacant lots classified
Medium Density Residential (MDR) land use and zoned Duplex Residential (R-2).
Immediately to the southeast are vacant lots classified Local Retail Commercial (LRC)
land use and zoned Neighborhood Commercial (C-2); and
West:
Right-of-way for Northwest 1st Street, then farther west are developed lots classified
Low Density Residential (LDR) land use and zoned Single-family Residential (R-l-A).
BACKGROUND
Mr. Bradley Miller, AICP with Miller Land Planning Consultants, Inc. as Agent for the property owner is
requesting a one (l)-year site plan time extension for the Ocean Breeze West New Site Plan Development
Order (NWSP 05-030), which was approved by the City Commission on January 3, 2006. The site plan
approval is valid for one (1) year from the date of approval. If this request for a one (l)-year time extension
were approved, the expiration date of this site plan, including concurrency certification, would be extended to
January 3, 2008.
The subject property consists of 3.44 acres zoned Multi-Family Residential (R-3), located within the
boundaries of the Heart of Boynton Redevelopment Plan. The property was previously the western section of
the former Boynton Terrace apartment project, which has since been razed. According to the staff report for
the approved new site plan (NWSP 05-030), the proposed Ocean Breeze West is a redevelopment project
approved for a total of 37 fee-simple townhomes, recreation amenities, and related site improvements.
The 37 dwelling units (at a density of 10.8 dwelling units per acre) are proposed as three (3)-bedroom units
planned within eight (8) separate buildings on the 3.44-acre site. Each building would contain either four (4)
or five (5) dwelling units. The approved site plan proposes one (1) model type, which would be two (2)
stories tall and 1,399 square feet "under air conditioning". The proposed buildings would contain some
elements reminiscent of Key West style of architecture. This contemporary townhouse design would have
standing seam metal roofs, decorative shutters and garage doors, and simulated wood siding.
ANALYSIS
According to Chapter 4, Section 5 of the Land Development Regulations, "the applicant shall have one (1)
year to secure a building permit from the Development Department". Examples of building permits include
but are not limited to the following: Plumbing, electrical, mechanical, foundation, and structural. The
Regulations authorize the City Commission to approve site plan time extensions up to one (1) year, provided
that the applicant files the request prior to the expiration date of the development order. In this case, the
applicant has met that requirement. The Planning & Zoning Division received the application for time
extension on December 7, 2006, approximately one (1) month prior to the expiration date of the site plan.
According to the justification submitted for the requested time extension (see Exhibit "B"), the applicant
explains that (1) they have applied for and received some land development permits, and (2) the remaining
permits were put on hold during meetings with the CRA which wanted to redesign or buy the project. In
addition, the justification explains that the property owner was also delayed for months due to a near fatal
accident. The justification also includes a chronology for Ocean Breeze West which details the "good faith"
efforts in moving forward with the project.
Page 3
Ocean Breeze West
SPTE 07-002
A more formal criterion for evaluating requests for time extensions is compliance with (traffic) concurrency
requirements. On December 12, 2005 the Palm Beach County Traffic Division approved the traffic study for
this project and included a restriction that no building permits are to be issued for the project after the build-
out year of 2008.
The site plan time extension is still subject to the original 30 conditions of the new site plan approval. Lastly,
no new land development regulations are now in place against which the project should be reviewed and
modified. As for application of the Art in Public Places ordinance (05-060), this project remains exempt, as
the new site plan request was filed and under review prior to adoption of Ordinance 05-060 on October 5,
2005.
SUMMARY I RECOMMENDATION
Staff recommends approval of this request for a one (i)-year time extension of the Ocean Breeze West site
plan (NWSP 05-030). If this request for extension were approved, the expiration of this site plan would be
extended to January 3, 2008. Staff is generally in favor of the redevelopment efforts represented by the
approved site plan, which serves to promote the goals of the Community Redevelopment Agency and the Heart
of Boynton Redevelopment Plan for this area and provide economic revitalization. The proposed Ocean Breeze
West project will provide an opportunity for redevelopment in a highly visible corridor in the City, increase the
value of adjacent and nearby properties, and contribute to the overall economic development of the City. If
this request for site plan time extension is approved, all outstanding conditions of approval from the new site
plan approval must still be satisfactorily addressed during the building permit process. Any additional
conditions recommended by the Board or City Commission shall be documented accordingly in the Conditions
of Approval (see Exhibit "C").
S:\Planning\SHARED\WP\PROJECfS\Ocean Breeze West\SPTE 07-002\Staff Report.doc
Exhibit "A" - Ocean Breeze West
Location Map
[::::>
o
R 1A /Sll!~l"J1iIY
Resi~ential
8TH
R1"A--e-Single Famil~
R~sidential
[::::>- -<::::]
120 60 0
I"""'-~-
120 240 360 480
I Feet
N
w+,
5
EXHIBITB
MILLER
LAND
PLANNING
CONSULTANTS, INC.
298 PINEAPPLE GROVE WAY
DELRA Y BEACH, FLORIDA 33444
PHONE. 561/272~82
FAX . 561/272-1042
EMAIL/WEB.mlpc@mlpcinc.com
www.millertondplonning.com
December 7,2006
Ed Breese
CITY OF BOYNTON BEACH
PLANNING AND ZONING DEPT.
100 E. Boynton Beach Boulevard
Boynton Beach, FL 33425-0310
, l.
,
DEe - 7 2006
~' ,
:- 0 . ",.r,.. _.J
, I.. Id",.,I"I., 1.,.,0
,{J.2!i.!I,C fFf'j
RE: Ocean Breeze West. TIme Extension
Dear Ed:
Please consider this request for a time extension of one year on Ocean Breeze West. This
project was approved by the City Commission on January 3, 2006. Since then we have applied
and received some land development permits. The CRA wanted to redesign or buy this project
so the remaining permits were put on hold. All of this along with the owner. Larry Rnkelstein I s
almost fatal accident at the end of March have caused this project to be delayed.
I have attached a chronology of what has transpired since being approved along with a
check made payable to the City of Boynton Beach for $500 and request that this time
extension be granted.
Thanks for your cooperation.
Sincerely,
CllER LAND PLANN NG CONSULTANTS. INC.
Christi Tuttle
cc: larry Rnkelstein
M:\M L P C\PROJECTS\Ocean Breeze West\E. Breese time extension 120706.wpd
CHRONOLOGY FOR OCEAN BREEZE WEST
3/05 Meetings with the Mayor, CRA Director, City Manager and Development Director
to inform them that I am looking to buy the old Boynton Terrace property and will need
their help in order to build an affordable for sale project for that community.
3/05 - 9/05 multiple meetings with City and CRA staff
9-05 bought property
12-05 Phase I site plan, DIFA and lien waiver approved
12-05 City places lien on property
1-06 Phase I site plan approved by commission
2-06 DIFA and Lien Waiver signed
2-06 Bank loan negotiations begin
2-06 Soft bidding begins
2-06 Letter to CRA, project numbers don't work; need assistance to do the project the
CRA wanted.
3-31-06 near fatal accident, in hospital for 2 months, then wheelchair, now in physical
therapy, walking again and back at office two days a week
4-20-06 Bank Term Sheet signed
5-05 Land Development construction plans final and submitted to City and various
agencIes.
5-05 Land development Permits applied for
6-13-06 Bank Commitment Letter signed
6-06 - Land development final construction docs started
7 -06 - Land development final construction plans finalized and permit applications
started
7/8-06 - Some land development permits received
8-06 - Remaining permits for land development needed responses. Responses halted as
negotiations continued with CRA to redesign the project or sell the land to the CRA
9-12-06 received copy of agenda item that was voted on.
9-14-06 met with Vivian & Robert to discuss the Agenda ~tem.
9-18-06 sent the CRA an outline based on their offer and clarifying details
9-26-06 Spoke to Lisa Bright, requested a revised contract based on the revised DIF A
terms to review before the meeting as agreed. Lisa Bright wanted to wait until she spoke
to all Board members as it seems the purchase is the preferred option.
9-29-06 "All roads are leading to purchase" lb (Lisa Bright) - so we must assume that no
revised DIFA or Developer's Agreement will be forthcoming
10-15-06 Lisa Bright says appraisal not high enough
10-25-06 eRA meeting - decided to go out for review appraisal, but no real timeline set.
10-06 Lisa Bright calls and says the review appraisal will not be done in time for the
November meeting and therefore it will not be on the agenda, so I should move on with
any plans I may have.
11-06 Since no offer to purchase the property was ever received and there has been no
further communications of any substance since the October meeting, the Developer must
move forward as the carrying costs during this wait for the CRA decision have been
significant.
~""""""m,."'''~~~""''''''''''_~';'''~~,'.""".,.,m''___~~__~''~\''~'''''' "
EXHIBIT "C"
Conditions of Approval
Project name: Ocean Breeze West
File number: SPTE 07-002
Reference:
DEPARTMENTS INCLUDE REJECT
PUBLIC WORKS- General
Comments: None X
PUBLIC WORKS- Traffic
Comments: None X
UTILITIES
Comments: None X
FIRE
Comments: None X
POLICE
Comments: None X
ENGINEERING DIVISION
Comments: None X
BUILDING DIVISION
Comments: None X
PARKS AND RECREATION
Comments: None X
FORESTER/ENVIRONMENTALIST
Comments: None X
PLANNING AND ZONING
Comments:
Conditions of Approval
Ocean Breeze West
SPTE 07-002
P 2
age
DEPARTMENTS INCLUDE REJECT
1. The site plan time extension shall be subject to all previous Conditions of X
Approval.
ADDITIONAL COMMUNITY REDEVELOPMENT
AGENCY BOARD CONDITIONS
Comments:
1. None X
ADDITIONAL CITY COMMISSION CONDITIONS
Comments:
1. To be determined.
S:\Planning\SHARED\ WP\PROJECTS\Ocean Breeze West'SPTE\COA.doc
>"c~4r~~_~;"'~'~1IO:~_~.''''''iM\'''''~_''''~''',~'",,,,,,>;,"~;,,,,<,,;,,,
DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA
PROJECT NAME: Ocean Breeze West
APPLICANT'S AGENT: Mr. Bradley Miller, AICP / Miller Land Planning Consultants, Inc.
APPLICANT'S ADDRESS: 114 North Federal Highway, #202 Boynton Beach, FL 33435
DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: April 3, 2007
TYPE OF RELIEF SOUGHT: Request a one (1) year site plan time extension from January 3, 2007
until January 3, 2008, for 37 proposed townhouses on a 3.44 acre
parcel in the R-3 zoning district.
LOCATION OF PROPERTY: Southwest corner of Northwest 8th Avenue and Seacrest Boulevard,
located approximately 1,700 feet north of Boynton Beach Boulevard
DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO.
X THIS MATTER came on to be heard before the City Commission of the City of Boynton
Beach, Florida on the date of hearing stated above. The City Commission having considered the
relief sought by the applicant and heard testimony from the applicant, members of city administrative
staff and the public finds as follows:
1. Application for the relief sought was made by the Applicant in a manner consistent with
the requirements of the City's Land Development Regulations.
2. The Applicant
HAS
HAS NOT
established by substantial competent evidence a basis for the relief requested.
3. The conditions for development requested by the Applicant, administrative staff, or
suggested by the public and supported by substantial competent evidence are as set
forth on Exhibit "C" with notation "Included",
4. The Applicant's application for relief is hereby
_ GRANTED subject to the conditions referenced in paragraph 3 hereof.
DENIED
5. This Order shall take effect immediately upon issuance by the City Clerk.
6. All further development on the property shall be made in accordance with the terms
and conditions of this order.
7. Other
DATED:
City Clerk
J:\SHRDA T A\Planning\SHARED\WP\FORMS\Blanks forms folder\Develop.Order Form-2001-Revised.doc
MINUTES OF THE COMMUNITY REDEVELOPMENT AGENCY MEETING
HELD IN CITY COMMISSION CHAMBERS, BOYNTON BEACH, FLORIDA
ON TUESDAY, MARCH 13, 2007, AT 6:30 P.M.
Present:
Henderson Tillman, Chair
Stormet Norem, Vice Chair
Rev. Lance Chaney
Jeanne Heavilin
Marie Horenburger
Steve Myott
Lisa Bright, Executive Director
Ken Spillias, CRA Board Counsel
Amy Dukes, CRA Counsel
Absent:
Guarn Sims
1. Call to Order - Chairman Henderson Tillman
Chair Tillman called the meeting to order at 6:33 p.m.
II. Pledge to the Flag and Invocation
The board recited the Pledge of Allegiance to the Flag, followed by the invocation led by Rev.
Chaney.
III. Roll Call
The Recording Secretary called the roll and determined a quorum was present. It was noted
Mayor Taylor and Amy Dukes, Attorney with Lewis, Longman and Walker, were present.
IV. Agenda Approval
A. Additions, Deletions, Corrections to the Agenda
Attorney Spillias pulled Consent Agenda Items A and C. Mr. Myott pulled Consent Agenda Item
F.
There was discussion the board wanted to hear the Ocean Breeze items together.
1
Meeting Minutes
Community Redevelopment Agency
Boynton Beach, Florida
March 13, 2007
B. Adoption of Agenda
Motion
Ms. Horenburger moved approval of the agenda with the removal of Item A, C and Ffrom the
Consent Agenda; to reorder VI. Public Hearing New Business switching Item B, Site Plan Time
Extension with Item A Site Plan Time Extension; hearing VIII. Old Business Item D immediately
thereafter followed by pulled Consent Agenda Items A, C and F. Ms. Heavilin seconded the
motion that unanimously passed.
C. Consent Agenda:
A. CRA Board Meeting Minutes Approval February 6, 2007
B. Special Meeting Minutes Approval February 15, 2007
C. MLK Corridor Workshop Meeting Minutes Approval February 15, 2007
D. Workforce Housing Ordinance Meeting Minutes Approval February 27, 2007
E. Approvals of the Financials Period Ended February 28, 2007
F. Old High School Update
G. Deleted Item and Added to as Item E under Old Business
H. Support of Local Artists
I. Deleted item entirely
J. Table Purchase Approval for Annual Award Dinner - BB Faith Based CDC
K. Approval to Allow Electronic Funds Transfer "EFT"
V. Public Comments
Chair Tillman opened the floor for public comments. No one coming forward, Chair Tillman
closed the floor to public comments.
VI. Public Hearing
Attorney Spillias requested board members disclose whether they had any ex parte
communications. Vice Chair Norem reported he met with Richard Baron of McCormack, Baron
Salazar, while in Tallahassee, but not on any public hearing items.
Attorney Spillias administered the oath to all persons who would be testifying.
2
Meeting Minutes
Community Redevelopment Agency
Boynton Beach, Florida
March 13, 2007
Johnny Lynch, Lennar Homes, reported the architectural drawings, which were previously
submitted to the board, were completed. The permits for vertical construction were not
submitted, but were expected to be submitted shortly.
Motion
Mr. Myott moved to approve the request. Vice Chair Norem seconded the motion that
unanimously passed.
Site Plan Time Extension
DESCRIPTION:
Ocean Breeze West (SPTE 07-002)
Bradley Miller, Miller Land Planning Consultants, Inc.
Larry Finkelstein, Affordable Housing, LLC
Southwest corner of Northwest 8th Avenue and Sea crest
Boulevard, located approximately 1,700 feet north of
Boynton Beach Boulevard.
Request for a one (1) year site plan time extension for
Ocean Breeze West (NWSP 04-014) approved on February
15, 2005, from February 15, 2007 to February 15, 2008
A.
PROJECT:
AGENT:
OWNER:
LOCATION:
Kathleen Zeitler, Planner, presented the request and explained the applicant requested the
one-year site plan time extension and had a list of the details for the project. There were no
new regulations to review the project against. It was clarified the extension would actually be
for 10 months, to January 3, 2008 and the project would be exempt from the Art in Public
Places Ordinance. Staff reviewed the request and recommended approval subject to the
original conditions of approval.
Bradley Miller, agent for the applicant, explained some permits were received and discussions
with the CRA on what to do with the project brought it to a slow halt. This project pertained to
the western portion of the site.
Chair Tillman opened the floor to public hearing.
Rev. Glen Lyons, 2190 NE 1st Lane, received notice of the meeting and commented his parcel
control number was on it. He was unsure why he had not been personally contacted regarding
the reason his property was referenced on the letter. Vivian Brooks, CRA Planner, explained the
parcel control number was listed because he was within 400 feet of the subject property and,
statutorily, notification to surrounding property owners must take place.
Chair Tillman closed the floor to public hearing.
Ms. Zeitler explained staff reviewed the request and recommended approval subject to the
original conditions of approval.
4
Meeting Minutes
Community Redevelopment Agency
Boynton Beach, Florida
March 13, 2007
Motion
Vice Chair Norem moved to approve the request. Ms. Heavilin seconded the motion that
unanimously passed.
VIII. Old Business, Item D. Ocean Breeze Options discussion - (Heard out of
Order)
Lisa Bright, CRA Executive Director, explained an incentive for this project was approved a year
ago. Mr. Finkelstein had been involved in an accident and in September, staff was given
direction to purchase the parcel(s) from Mr. Finkelstein. An appraisal was ordered, which
showed a discrepancy in the appraisal price provided by Mr. Finkelstein.
This property greatly enhanced the land acquisition control of the HOB project area and staff
negotiated a purchase agreement for $6.4M. Additionally, fee waivers would be included in the
amount of $496K, bringing the total purchase price to about $7M.
Ms. Horenburger asked why the $400K for demolition was not included in the appraisal. Mr.
Finkelstein explained the appraiser was only asked to look at the value of the land and not the
additional value of the other components associated with purchasing the property. The impact
fee waivers were half a million dollars from the County that ran with the property. Mr. Reardon
explained he directed the appraiser to eliminate those values from the original appraisal. He
provided a letter from the County and indicated he tried to discount the waivers but the issue
was non-negotiable. The letter from the County was given to the appraiser who verified the
amount was a true value. When the project is sold to a new developer, the CRA would likely
receive the money back, have additional workforce housing built, or receive some other type of
quid pro quo. Mr. Reardon took responsibility for why those monies were not included and
indicated he tried to save the money.
Mr. Reardon explained the reason the demolition fees the CRA paid were not included in those
calculations was the board exonerated Mr. Finkelstein from the cost of the fees, which was
$371K. Attorney Spillias confirmed Mr. Reardon's statement. When the project was completed,
the lien would be waived. If the board moved forward with purchasing the property, the CRA
would be purchasing it subject to its own lien and it would still be on the property. Ultimately
when the CRA decided what to do with the land the CRA could make a decision then. Until that
time, the lien was still a debt owed from the property. Ms. Horenburger asked if the lien issue
was factored into the current appraisal. She thought not recapturing those monies was taking
money out of the public's pockets. Mr. Reardon explained it was not. It would be a moot
point when the board passed the lien back onto itself.
Vice Chair Norem explained if there were buildings still existing on the property today, they
would be factored in because then there would be a cost of demolition and it would devalue the
property. Mr. Reardon confirmed that as correct and explained the CRA would have to demolish
the buildings at present day cost.
5
~""~,,,,~,,";,;'"""~'~-'.+'"0';""",,,,',,,,,",h,",",,,.,,,,,,"'l-'_~;'~_""';''''''''''''''''-><'",,,,,-. .. ..
Me~ting Minutes
Community Redevelopment Agency
Boynton Beach, Florida
March 13, 2007
Rev. Chaney asked when the appraisal was conducted if the lien would be included. Mr.
Reardon explained land has a value irrespective of any liens on it. The sale price would reflect
that point, but the intrinsic value of the land was not deteriorated by any liens.
Mr. Finkelstein was present and announced, for the record, he was prepared to sell the land to
the CRA now. He announced, on record, he agreed to a contract on the CRA terms and price,
from their appraisal. He agreed to execute the contract drafted by the CRA attorney. He
announced there was no other parties he was negotiating with and the CRA attorney had the
contract. The contract had a time frame for execution and had to be signed by tomorrow in
order to be valid.
Motion
Vice Chair Norem moved to approve the item. Ms. Heavilin seconded the motion, which passed
4- 2 (Ms. Horenburger and Rev. Chaney dissenting)
VII. Pulled Consent Agenda Items
A. CRA Board Meeting Minutes Approval February 6, 2007
Attorney Spillias noted corrections on pages 11 and page 12 as "Mr. Sims read correspondence
from the CRA Attorney" The sentence should read "correspondence received from the CRA
Attorney" since the correspondence was not his correspondence. On page 12, the last word of
the first partial paragraph, third line last word should be "contracts" as opposed to contract.
Motion
Ms. Horenburger moved to approve the minutes as amended. Vice Chair Norem seconded the
motion that unanimously passed.
C. MLK Corridor Workshop Meeting Minutes Approval February 15, 2007
Attorney Spillias noted corrections to the February 15, 2007 Workshop meeting minutes.
Page 1 - Agenda Approval, Spillias was spelled "Spills"
Page 1 - Under Old Business, Mr. Myott discussed what everyone's "roll" would be. The word
"roll" should be spelled "role".
Page 1 - Last paragraph third line down reads, "the City Commission voiced", should read the
"City Attorney voiced"
Page 1 - Last paragraph fifth sentence reads "Only Mr. Bressner . . ." should include the words
"and Mr. Cherof'
Motion
Ms. Horenburger moved to approve Consent Agenda Item C as amended. Vice Chair Norem
seconded the motion that unanimously passed.
6
VIII.-PUBlIC HEARING
ITEM B.
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Commission Date Final Form Must be Turned
Meeting Dates in to City Clerk's Office
0 December 5, 2006 November 20, 2006 (Noon.) 0
0 January 2, 2007 December 18,2006 (Noon) 0
0 January 16,2007 January 2, 2007 (Noon) 0
0 February 6, 2007 January 16,2007 (Noon) ~
Requested City Commission Date Final Form Must be Turned
Meeting Dates in to City Clerk's Office
February 13, 2007 February 5, 2007 (Noon)
March 6, 2007 February 20, 2007 (Noon)
March 20, 2007 March 5, 2007 (Noon)
April 3, 2007
March 19,2007 (Noone,
-.l
NATURE OF
AGENDA ITEM
o Announcements/Presentations
o Administrative
o Consent Agenda
o Code Compliance & Legal Settlements
~ Public Hearing
o
o
o
o
o
Legal
Unfinished Business
City Manager's Report
New Business
:x
:0-
;;:0
("")
("")--i
:::j-<
-(0
c') '"TJ
'-OJ
,"10
7) ....('
."-,~ ....
";>-'... -,.....
iJ-;~
o
O:z::
.."
'"TJCD
- f'T1
("):t;>
f'T1n
::t:
...
:c-
:.%
'!?
c..n
l'o.)
RECOMMENDATION: Please place this request on the April 3, 2007 City Commission Agenda under Public
Hearing. The Community Redevelopment Agency Board on March 13, 2007, recommended that the request be approved.
For further details pertaining to this request, see attached Department Memorandum No. 07-019.
EXPLANATION:
PROJECT:
AGENT:
OWNERS:
LOCATION:
DESCRIPTION:
Seaview Park Club (SPTE 07-003)
Lorie Moccia, Lennar Homes
Lennar Homes, LLC
1620 N. Federal Highway
Request for a second one (1) year site plan time extension for Seaview Park Club
(NWSP 04-014) approved on February 15, 2005, from February 15, 2007 to
February 15, 2008.
PROGRAM IMP ACT:
FISCAL IMPACT:
ALTERNATIVES:
La-
#' City Manager's Signature
Develo
Assistant to City Manager
~
/1 I
1 ,/-4 ~
Fl.- .Iv .
Planning a~ irector City Attorney / Finance
S:\Planning\SHARED\WP\PROJECTS\Seaview Park Club\SPTE 07\Agenda Item Seaview Park Club SPTE 07-003 4-3-07.doc
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
DEVELOPMENT DEPARTMENT
PLANNING AND ZONING DIVISION
MEMORANDUM NO. PZ 07-019
TO:
Chair and Members
Community RedeveloBtpent Agency Board
"L-/
l, ( ,)
Michael Rumpf --
Director of Planning and Zoning
THRU:
FROM:
Gabriel Wuebben
Planner
DATE:
February 26, 2007
PROJECT:
Seaview Park Club / SPTE 07-003
REQUEST:
Site Plan Time Extension
PROJECT DESCRIPTION
Property Owner: Lennar Homes, LLC
Applicant / Agent: Lorie Moccia of Lennar Homes
Location: 1620 N. Federal Highway (See Exhibit "A" - Location Map)
Existing Land Use/ Zoning: Special High Density Residential (SHDR 20 du-ac) / Infill Planned Unit
Development (IPUD)
Proposed Land Use/ Zoning: No change
Relief Sought:
Site Plan Time Extension for a 64 unit, three (3) story townhouse project.
Acreage:
3.756 acres (163,611.36 square feet)
Adjacent Uses:
North:
To the northwest, developed multi-family rental complex (Manatee Bay) designated
Local Retail Commercial (LRC) and Community Commercial (C-3); to the northeast
Manatee Bay designated High Density Residential (10.8 du/ac) and zoned Multi-family
Residential (R-3);
South:
To the south along Federal Highway, existing developed commercial strip center
(Yachtsman's Plaza) with an approved development plan for a 61 town home
community designated Special High Density Residential (SHDR - 20 du/ac) and zoned
Infill Planned Unit Development (IPUD); farther east, developed single-family
residential (Yachtsman's Cove) designated Low Density Residential (4.84 du/ac) and
zoned Single Family Residential (R-1-AA);
East:
Right-of-way for Intracoastal Waterway; and
West:
Rights-of-way for U.S. 1 and the Florida East Coast Railroad.
Page ,2
Memorandum No. PZ 07-019
BACKGROUND
Ms. Lorie Moccia, representative for Lennar Homes, Incorporated, is requesting a one (1) year site plan time
extension for the construction of 64, three (3) story townhouse dwelling units. This site plan was originally
approved by the City Commission on February 15, 2005 along with the corresponding request for land use
change and rezoning (LUAR 04-010) to Special High Density Residential (SHDR) land use and Infill Planned
Unit Development (IPUD) zoning district. These approvals are valid for one (1) year from the date of approval,
unless a building permit has been issued or a time extension applied for. A site plan time extension was
approved in February of 2006, as the applicant was unable to secure a permit by the expiration date. A second
time extension is now requested. If this request for extensions were approved, the expiration date would be
extended to February 15, 2008. According to the modified site plan staff report, Seaview Park Club was
approved to construct a total of 64 dwelling units.
ANALYSIS
Lennar Homes, Inc. is requesting a second (1) year time extension to their original approval date of February
15, 2005. If granted, the site plan approval would be extended to February 15, 2008. All project conditions
of approval pertaining to the original Site Plan and Minor Modification would still apply.
In support of their request, Lennar Homes submitted a list of justifications. They note that since approval of
the first time extension, they have demonstrated their commitment to the completion of the project by
accomplishing the following:
. applied for and received a demolition permit on April 14, 2006
. completed demolition and clearing of the old mobile home park
. received a land development permit on July 17, 2006
. received a fill permit on August 14, 2006
. received a water and sewage permit on July 13, 2006
. received a paving and drainage permit on August 17, 2006
. water, sewer, and drainage construction has been completed and is currently in the final testing and
approval stages with Boynton Beach Utilities and Engineering
. the site has been filled and graded to proposed elevations
. dry utility for FPL, Bell South, and Comcast has begun
. the privacy wall near the south property line has been installed
. the bulk head wall has been installed along the Intracoastal Waterway
. the retaining wall along the north property line is under construction
. road construction is scheduled to begin on February 26, 2007
. the minor site plan modification to include docks was approved on July 24, 2006
According to Chapter 4, Section 5 of the Land Development Regulations at the time of site plan approval, "the
applicant shall have one (1) year to secure a building permit from the Development Department". Examples
of building permits include but are not limited to the following: Plumbing, electrical, mechanical, foundation,
and structural. The Regulations authorize the City Commission to approve one (1) year time extensions,
provided that the applicant files the request prior to the expiration date of the development order. In this
case, the applicant has met that requirement. The Planning & Zoning Division received the extension request
February 15, 2007 the expiration date of the previous one (1) year site plan extension.
A more formal criterion for evaluating requests for time extensions is compliance with concurrency
requirements. This project's traffic study was sent to Palm Beach County Traffic Division for their review and
approval at the time of original site plan review and approval. The Traffic Division determined that the
Page 3
Memorandum No. PZ 07-019
proposed mixed-use project is located within the designated Boynton Beach Traffic Concurrency Exception
Area (TCEA), and therefore meets the Traffic Performance Standards (TPS) of Palm Beach County. However,
the original site plan approval indicates that no building permits are to be issued by the city after the build-
out date of 2006. Therefore, the applicant will need to approach Palm beach County once again to extend
the build-out date as set in the original site plan approval (See "Exhibit C - Conditions of Approval)
The site plan time extension would still be subject to the original conditions of the site plan approval. Lastly,
no new land development regulations are now in place against which the project should be reviewed and
modified. As for application of the Art in Public Places Ordinance, site plan approval occurred prior to the
adoption of Ordinance 05-060
RECOMMENDATION
Staff recommends approval of this request for a one (1) year time extension of the new site plan (NWSP 04-
014) based upon the evidence of good faith submitted by the applicant to construct the project in a timely
manner. If this request for extension were approved, the expiration date of the application would be extended
to February 15, 2008, and all conditions from the original approvals must still be satisfactorily addressed during
the building permit process.
S:\Planning\SHARED\WP\PROJECTS\Seaview Park Club\SPTE 07\SPTE 06-011 Staff Report.doc
'~"~~"~_"_;"~"''''''';;';li.~~__''',...i.'";_'",~'""-,-,-""",,,,,"
Exhibit "A" - Seaview Park Club
Location Map
I-
U
I
I-
~
I
R-1-A
'Single-family
Resibeliii~1
280 140
I
o
280
560
840
N
1.120+
I Feet . E
S
February 14, 2007
EXHIBIT B
Michael W. Rumpf
Director of Planning and Zoning
City of Boynton Beach
100 E. Boynton Beach Boulevard
Boynton Beach, FL 3342S
FEB I 5 2007
__ '_'~'_,_,,,, ..____~__M.....____._._. ~ __..._.' '",--
,
,
I
L__~..____._
tJij-;'
Z():,j!r'~,:-: Li~_-P"T
Re: Seaview Park Club - Request for Extension of Site Plan Approval
Dear Mike,
As you are aware, site plan approval for the above project was granted by the City
Commission on February is, 2005, and an extension to the site plan was granted on
March 21, 2006. Lennar Homes, LLC. has been diligently working on the land
development and construction of this community. Despite our best efforts, however, it
appears that we will not have secured a foundation building permit from the City of
Boynton Beach prior to the expiration of our site plan approval.
We are therefore requesting an extension to our current site plan approval for a period
of one year to allow us to complete the building permit application process.
In support of this request for extension of site plan approval, we would ask that you
consider the following accomplishments, since the last extension was granted which we
feel demonstrates our firm commitment to the successful development of the Seaview
Park Club Community:
. Demolition Permit received April 14, 2006.
· Demolition and Clearing has been completed of the old mobile home park.
. Land Development Permit received July 17,2006.
. Fill Permit received August 14, 2006
· Water and Sewer Permit received July 13, 2006.
. Paving and Drainage Permit received August 17, 2006.
· Water, Sewer and Drainage construction has been completed and is currently in
the testing and final approval stages with Boynton Beach Utilities and
Engineering.
· Site has been filled and graded to proposed elevations.
· Dry utility installation for FPL, Bell South and Comcast has begun.
· Privacy Wall near South property line installed.
. Bulk head Wall along Intracoastal installed.
· Retaining Wall along North property line under construction.
. Road construction scheduled to begin 2.26.07
· Minor modification of site plan to include docks approved July 24, 2006.
We respectfully request for this extension of the site plan approval be submitted for
inclusion in the next CRA agenda and the subsequent City Commission agenda. Lennar
Homes, LLC. will of course mail required notices to neighboring property owners and
6136 Okeechobee Blvd. Suite A. Palm Beach. FL 33415. Phone: 561-333-4700' Fax: 561-226-5269
LENNAR.COM
~
/I:I\i,g
post required signage in advance of the above meetings. Should you require any
additional information please do not hesitate to contact me directly at (561) 228.5316.
Your response to this matter would be greatly appreciated. Thank you once again for
your continued support.
Respectfully yours,
6136 Okeechobee Blvd. Suite A. Palm Beach. FL 33415. Phone: 561-333-4700. Fax: 561-228-5289
LENNAR.CDM
@
IIUllII
EXHIBIT "C"
Conditions of Approval
Project name: Seaview Park Club
File number: SPTE 07-003
Reference:
I DEP ARTMENTS I INCLUDE I REJECT I
PUBLIC WORKS - General
Comments: None X
PUBLIC WORKS - Traffic
Comments: None X
UTILITIES
Comments: None X
FIRE
Comments: None X
POLICE
Comments: None X
ENGINEERING DIVISION
Comments: None X
BUILDING DIVISION
Comments: None X
PARKS AND RECREATION
Comments: None X
FORESTER/ENVIRONMENTALIST
Comments: None X
PLANNING AND ZONING
Comments:
-~
1. The time extension is subject to the original Conditions of Approval. X
-
Seaview Park Club SPTE 07-003
Conditions of Approval
P 2
age
DEP ARTMENTS INCLUDE REJECT
2. Prior to issuance of a building permit, the applicant shall submit an updated
traffic concurrency letter from Palm Beach County. X
ADDITIONAL COMMUNITY REDEVELOPMENT AGENCY BOARD
CONDITIONS
Comments:
None X
ADDITIONAL CITY COMMISSION CONDITIONS
Comments:
To be determined.
S:\Planning\SHARED\WP\PROJECTS\Seaview Park Club\SPTE 07\COA.doc
DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA
PROJECT NAME: Seaview Park Club
APPLICANT'S AGENT: Ms. Lorie Moccia - Lennar Homes
APPLICANT'S ADDRESS: 8136 Okeechobee Blvd. Suite A Palm Beach, FL 33415
DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: April 3, 2007
TYPE OF RELIEF SOUGHT: Request site plan extension approval for one year, to construct 64,
three (3) story townhouse units on 3.756 acres in the IPUD zoning
district.
LOCATION OF PROPERTY: 1620 North Federal Highway
DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO.
X THIS MATTER came on to be heard before the City Commission of the City of Boynton
Beach, Florida on the date of hearing stated above. The City Commission having considered the
relief sought by the applicant and heard testimony from the applicant, members of city administrative
staff and the public finds as follows:
1. Application for the relief sought was made by the Applicant in a manner consistent with
the requirements of the City's Land Development Regulations.
2. The Applicant
HAS
HAS NOT
established by substantial competent evidence a basis for the relief requested.
3. The conditions for development requested by the Applicant, administrative staff, or
suggested by the public and supported by substantial competent evidence are as set
forth on Exhibit "C" with notation "Included".
4. The Applicant's application for relief is hereby
_ GRANTED subject to the conditions referenced in paragraph 3 hereof.
DENIED
5. This Order shall take effect immediately upon issuance by the City Clerk.
6. All further development on the property shall be made in accordance with the terms
and conditions of this order.
7. Other
DATED:
City Clerk
S:\Planning\SHARED\WP\PROJECTS\Seaview Park Club\SPTE 07\Seaview Park Club DO.doc
,,,,,_.,,~~~,,,,,,_,,.,_""'''.'~.~j'''''.'''Ii'#41''J,;,,i~io:l''''''W.';
Meeting Minutes
Community Redevelopment Agency
Boynton Beach, Florida
March 13, 2007
Old Business:
None.
New Business:
Site Plan Time Extension
(Heard out of order)
B.
PROJECT:
AGENT:
OWNER:
LOCATION:
DESCRIPTION:
Seaview Park Club (SPTE 07-003)
Lorie Moccia, Lennar homes
Lennar Homes, LLC
1620 N. Federal Highway
Request for a second one (1) year site plan time extension
for Seaview Park Club (NWSP 04-014) approved on
February 15, 2005
Gabriel Wuebben, Planner, presented the request and announced staff was satisfied the
applicant put forward a good faith effort. The applicant had requested a Site Plan Time
Extension in February 2006, and was requesting a second extension to February 15, 2008. The
applicant would need to approach Palm Beach County again to extend the build-out date as
contained in Exhibit C of the terms and conditions of approval. Staff recommended approval of
the one-year site plan time extension subject to all the original terms and conditions and noted
there were no new regulations to review the project against.
There were no comments from the board.
Chair Tillman opened the floor for public hearing.
Michael Weiner, Attorney for the applicant, advised they had a list of good faith efforts from
the applicant on the project. The project underwent a substantial amount of work; however, the
site preparation was not completed.
Harry Woodworth, 685 NE 15th Place had property that adjoined the building site. He
explained the applicant had been working on the project for two years. He asked the board to
consider what it was like living next to diesel fumes, noise, the dewatering pumps and other
issues, and to be considerate of those aspects when granting the extensions. He also noted the
notice he received for the meeting was dated 2006.
Attorney Weiner explained the applicant needed another 60 days to complete the land
development portion of the project, and then infrastructure would go in. They placed shielding
where possible to minimize any development impacts and placed monitors on site. Attorney
Weiner explained they wanted to continue on in the process.
Chair Tillman closed the floor to public hearing.
3
Meeting Minutes
Community Redevelopment Agency
Boynton Beach, Florida
March 13, 2007
Johnny Lynchr Lennar Homesr reported the architectural drawingsr which were previously
submitted to the boardr were completed. The permits for vertical construction were not
submittedr but were expected to be submitted shortly.
Motion
Mr. Myott moved to approve the request. Vice Chair Norem seconded the motion that
unanimously passed.
Site Plan Time Extension
DESCRIPTION:
Ocean Breeze West (SPTE 07-002)
Bradley Millerr Miller Land Planning Consultantsr Inc.
Larry Finkelsteinr Affordable Housingr LLC
Southwest corner of Northwest 8th Avenue and Seacrest
Boulevardr located approximately lJOO feet north of
Boynton Beach Boulevard.
Request for a one (1) year site plan time extension for
Ocean Breeze West (NWSP 04-014) approved on February
15r 2005r from February 15r 2007 to February 15r 2008
A.
PROJECT:
AGENT:
OWNER:
LOCATION:
Kathleen Zeitlerr Plannerr presented the request and explained the applicant requested the
one-year site plan time extension and had a list of the details for the project. There were no
new regulations to review the project against. It was clarified the extension would actually be
for 10 monthsr to January 3r 2008 and the project would be exempt from the Art in Public
Places Ordinance. Staff reviewed the request and recommended approval subject to the
original conditions of approval.
Bradley Millerr agent for the applicantr explained some permits were received and discussions
with the CRA on what to do with the project brought it to a slow halt. This project pertained to
the western portion of the site.
Chair Tillman opened the floor to public hearing.
Rev. Glen Lyonsr 2190 NE 1st Laner received notice of the meeting and commented his parcel
control number was on it. He was unsure why he had not been personally contacted regarding
the reason his property was referenced on the letter. Vivian Brooksr CRA Plannerr explained the
parcel control number was listed because he was within 400 feet of the subject property andr
statutorilYr notification to surrounding property owners must take place.
Chair Tillman closed the floor to public hearing.
Ms. Zeitler explained staff reviewed the request and recommended approval subject to the
original conditions of approval.
4
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
XI. - NEW BUSINESS
ITEM B.
Requested City Commission Date Final Fonn Must be Turned Requested City Commission Date Final Fonn Must be Turned
Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office
0 December 5, 2006 November 20,2006 (Noon.) 0
0 January 2, 2007 December 18,2006 (Noon) 0 March 5, 2007 February 12,2007 (Noon)
0 January 16, 2007 January 2, 2007 (Noon) 0 March 20, 2007 March 5, 2007 (Noon)
0 February 13, 2007 January 22, 2007 [gJ April 3, 2007 March 19,2007 (Noon)
0 Announcements/Presentations 0 City Manager's Report
NATURE OF 0 Administrati ve [gJ New Business
AGENDA ITEM 0 Consent Agenda 0 Legal
0 Code Compliance & Legal Settlements 0 Unfinished Business
0 Public Hearing 0
RECOMMENDATION: Discussion to allow former Elected Officials to attend the City of Boynton Beach Annual Board
Dinner.
EXPLANATION: The Annual Board Dinner is held each year to formally recognize and thank the citizen volunteers that are
members of the City Commission Advisory Boards. The Mayor, Vice Mayor and City Commissioners attend this event, and
it has been suggested by a member of the Commission that former elected officials also be invited to attend the Board Dinner
at the expense of the City. Previous discussion of this issue at the June 1,2004 Commission meeting (Exhibit "A") resulted in
a motion to include current Board members and current City Commission only. Any former City Official that wanted to
attend would be offered the opportunity to purchase a ticket. The motion was carried 4-1.
PROGRAM IMPACT: The cost of the dinners for the past eight (8) years is as follows:
1999
2000
2001
2002
$10,077
$10,750
$10,700
$10,500
2003
2004
2005
2006
$10,700
Cancelled due to hurricane - 2004 & 2005 were combined
$11,180
$10,920
FISCAL IMPACT: There are six (6) former Mayors, eleven (11) former Commissioners and three (3) former Mayor
wives who are currently not serving on an Advisory Board. If all of the former Mayors, Commissioners and Mayor wives
attended with a guest, at $52.00 per person, the additional cost to the City would be $2,080.00. The current budget for the
Annual Board Dinner is $12,000.00 located in account # 001-1211-512-48-02.
ALTERNATIVES: Options are to (1) Invite former elected officials to the Board 'nner and have the City absorb the cost,
(2) Offer former elected officials the opportunity to attend the dinner by purchasing ticket, (3) Not invite former elected
officials, or (4) Not to proc d with the discussion.
City Manager's Office
Assistant to City Manager
CIuL
Department Name
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
City Attorney / Finance
EXHIBIT "A"
IX.-CITY MANAGER'S
REPORT
ITEM B.
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORl\1
Requested City Commission Date Final Fonn Must be Turned Requested City Commission Date Final Fonn Must be Turned
Meetinl! Dates in to City Clerk's Office Meetinl! Dates in to City Clerk's Office
D April 6, 2004 March 15,2004 (Noon.) ~ June 1,2004 May 17,2004 (Noon)
D Apri] 20,2004 April 5,2004 (Noon) D June IS, 2004 May 31, 2004 (Noon)
D May 4, 2004 April 19, 2004 (Noon) D July 6, 2004 June ]4,2004 (Noon)
D May 18,2004 May 3, 2004 (Noon) D Ju]y 20, 2004 July 5, 2004 (Noon)
0 Administrative 0 Legal
NATURE OF D Announcement 0 New Business
AGENDA ITEM 18I City Manager's Report 0 Presentation
0 Consent Agenda D Public Hearing
D Code cornpliance/Legal Settlements D UnfInished Business
RECOMMENDATION:
Recognition Dinner in 2004.
Review past costs and determine if the City Connnission wishes to host a Board
EXPLANATION: Subsequent to the adoption of the 2003-04 City Budget, several members of advisory boards
approached members of the City Connnission to request that the City host an Advisory Board Recognition Dinner in the
current fiscal year. In the past, this has been an annual event. However, the approved 2003-04 established a bi-annual
schedule for the dinner. The cost ofthe dinners for the past five years is as follows:
1999 Dinner $10,077
2000 Dinner $10,750
2001 Dinner $10,700 plus $200 entertainment TOTAL $10,900
2002 Dinner $10,500 no charge for entertainment
2003 Dinner $10,700 plus $200 entertainment TOTAL $10,900
In 2003, at the request of a former City Connnission member, the invitation list was extended to include any fonner City
Connnissioner and the wives of deceased Mayors. Prior to 2003, the invited list included all active advisory board members,
staff liaison and former Mayors.
PROGRAM IMPACT: The dinner serves as a "thank you" to the current advisory board members.
FISCAL IMPACT: Assuming the invitation list is the same as 2003, (include former City Commissioners and the
wives of deceased mayors) the projected cost will be $11,663. Funds are not budgeted and will need to be taken from the
General Fund Contingency Account.
ALTERNATIVES:
I. Do not host the dinner in 2004 and aflIrm a bi-annual event cycle. - Cost $0.
2. Proceed with 2004 dinner based on 2003 invitation criteria. (Current board members, former
City Connnissioner, former Mayors, and the wives of deceased Mayors) - Cost $1 1,663
3. Proceed with 2004 dinner based on 2002 invitation criteria (current board members and
former Mayors)- Cost $11,235
S:\BULLETJN\FORMS\AGENDA ITEM REQUEST FORM.DOC
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Department Head's Signature
~
Manager's SIgnature
Deparnnent Name
City Attorney / Finance / Human Resources
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
".._-,--~_.._-~- .... - -..~ - ~_. '-"'~-""'~'''-~ -...-
._------~-,-_. "-
Meeting Minutes
Regular City Commission Meeting
Boynton Beach, Florida
June 1, 2004
B. Discussion and Consideration of Annual Board Dinner
Mr. Bressner reported that they did not include a recognition dinner in the budget this
year and some Commissioners would like to move forward with having one, Mr.
Bressner referred to the costs of the dinner that averaged $10,000 per year over the
past five years. If the Commission would like to hold a recognition dinner, Mr. Bressner
felt that it was doable,
Commissioner McCray stated he requested the recognition dinner because he felt that
the volunteers should be acknowledged and thanked for the time they spend on helping
the City save money. It is important that the Commissioners and the Mayor let those
volunteers know that they are doing a great job.
Discussion ensued on whether to invite former Mayors and Commissioners, which has
been the practice over the past few Board Dinners. Mayor Taylor pointed out that the
dinner is for the members of the advisory boards and he questioned whether it was
necessary to continue this practice.
Commissioner McKoy inquired how much money would be saved if these former officials
were not invited and Mr, Bressner thought it would be around $700 to $800.
Mr, Bressner inquired if the Commission would like to invite advisory board members
that served on a board during calendar year 2003 and 2004. This would not include
members that were removed because of absenteeism. Commissioner Ensler felt that the
dinner should be for people who served on the Board during 2003 and next year the
dinner could be for the people who served in 2004.
Mayor Taylor recommended informing former City officials if they wanted to attend,
they could by purchasing a ticket.
Motion
Commissioner McCray moved to proceed with the Annual Board Dinner that would
include current Board members and people who served during the year 2003-2004 and
the current City Commission. Any former City Official that wanted to attend would be
offered the opportunity to purchase a ticket. Motion seconded by Commissioner McKoy
and carried 4-1 (lt7ce Mayor Ferguson dissenting),
C. Proposed Ordinance No. 04-039 Re: Amending
Ordinance 03-058 - Early Retirement Incentive Program - to permit
otherwise eligible firefighters to use prior military service buyback for
purposes of satisfying the 15 year eligibility requirement for early
retirement
19
XI. - NEW BUSINESS
ITEM C.
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORl\11
Requested City Commission Date Final Fonn Must be Turned Requested City Commission Date Final Fonn Must be Turned
Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office
0 December 5,2006 November 20,2006 (Noon.) 0
D January 2, 2007 December 18, 2006 (Noon) 0 March 5, 2007 February 12,2007 (Noon)
D January 16,2007 January 2, 2007 (Noon) D March 20, 2007 March 5, 2007 (Noon)
D February 13,2007 January 22, 2007 [gJ April 3, 2007 March 19,2007 (Noon)
0 Announcements/Presentations 0 City Manager's Report
NATURE OF 0 Administrative [gJ New Business
AGENDA ITEM 0 Consent Agenda 0 Legal
0 Code Compliance & Legal Settlements 0 Unfinished Business
0 Public Hearing 0
RECOMMENDATION: Discussion of establishing a Code of Conduct for members of the Boynton Beach City
Commission,
EXPLANATION: At the request of a member ofthe Commission, this item is being brought forward for discussion. In
September, 2003, the Commission directed the City Attorney to draft language in the form of a Code of Ethics Ordinance and
a Code of Conduct Resolution, which would protect the integrity of City government, foster public confidence in the actions
of the City, and assist in ensuring that the City's elected and appointed officials abide by the highest ethical standards. The
City Attorney has resubmitted for review copies of both draft documents (See attached). Neither document garnered enough
support in 2003 to pass. Currently, there are two sections in the Code of Ordinances related to conduct of Commissioners
(Article II. Sec. 18), and at a City Commission meeting (Article I. Sec. 2-11). (See attached).
PROGRAM IMPACT: N/A
FISCAL IMPACT: NI A
ALTERNATIVES: Not to proceed with discussion.
City Manager's Office
Assistant to City Manager ~
Department Name
City Attorney / Finance
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
C0'~
ARTICLE I. IN GENERAL
Sec.2-11. Maintaining order, decorum at commission meetings.
(a) No person shall willfully interrupt or disturb the proceedings or meeting of the
city commission or any city board.
(b) Only those individuals recognized by the presiding officer are authorized to
speak to the commission or to a city board.
(I) All other speech, remarks, or comments are unauthorized.
(2) Unauthorized speech, remarks, comments, stamping of feet, whistles, yells
and similar actions or demonstrations constitute an interruption to public meetings, and
are prohibited.
(c) All persons attending any city meeting shall render inaudible any beepers,
cellular telephones, or other mechanical or electronic devices while such meeting is in
seSSIOn.
(d) The presiding officer shall preserve strict order and decorum at all meetings.
(e) The chief of police or such member or members of the police department as the
chief may designate shall be sergeant-at-arms at the regular and special meetings of the
city commission or board. The sergeant-at-arms shall carry out orders and instructions
given by the presiding officer or by a majority of the city commission or board present
for the purpose of maintaining order and decorum at the city commission meetings.
(f) The city commission shall allow members of the public to address the
commission regarding items not on the Commission agenda.
(1 ) The time for addressing the Commission with non-agenda comments shall be
designated "Public Audience."
(2) The commission may, by order of the day, limit the time that members of the
public may address the commission.
(3) Ifno orders of the day are established, the time limit for addressing the
commission is three (3) minutes.
(g) The city commission may allow members of the public to address the
commission on non-public hearing agenda items under such rules as are adopted from
time to time by the commission by motion.
C.,~
v>
(h) The city commission shall allow members of the public to address the
commission on public hearing agenda items under such rules as it adopts from time to
time by motion.
(i) Any person who causes an interruption of the meeting shall be warned by the
presiding officer that the conduct is interfering with the order of the meeting and shall be
given the opportunity to cease the conduct that constitutes an interruption.
(1) If the individual fails to cease the offending conduct and continues
interrupting the meeting, the individual shall be removed from the meeting room if the
sergeant-at-arms is so directed by the presiding officer, and such person shall be barred
from further audience for the remainder of the meeting.
(2) In case the presiding officer shall fail to act, any member of the city
commission may move to require the presiding officer to act to enforce the rules, and the
affirmative vote of the majority of the city commission or board shall require the
presiding officer to act.
(j) Any person who, at a city commission or board meeting, willfully interrupts or
disturbs a city commission or board meeting in violation ofF.S. S 871.01, entitled
"Disturbing Schools and Religious and Other Assemblies," is subject to arrest by those
law enforcement officers present. No action by the presiding officer is required for a law
enforcement officer to enforce F.S. S 871.01.
CU"~
ARTICLE II. CITY COMMISSION*
Sec. 18. Judges of own qualifications, rules of procedure; expulsion of
members; quorum; fines and penalties.
The City Commission shall be the judges of the qualifications, election and returns of
its own members: it may enact rules of procedure and may prescribe penalties for the
non-attendance or disorderly conduct of its members, and enforce the same. Four-fifths of
its members concurring, it may expel a member for improper conduct in office. A
majority of the members of the Commission shall be necessary to constitute a quorum for
the transaction of any business; but a smaller number may adjourn from time to time, and
under the provisions of ordinances or rules of procedure may compel the attendance of
the absent members by the imposition of fines or penalties. (Laws of Fla. 1947, Ch.
24398, ~ 25)
CITY OF BOYNTON BEACH
OFFICE OF THE CITY ATTORNEY
MEMORANDUM
TO: Mayor and City Commission
CC: Kurt Bressner, City Manager
Janet Prainito, City Clerk
\
FROM: James A. Cherof, City Attorney ~~
DATE: March 30, 2007
RE: Code of Conduct
At Commissioner McCray's request, I am providing a draft Resolution and draft Ordinance
both of which were previously reviewed by the Commission but neither of which garnered
enough support to pass.
S:\CA\MEMORANDUM\Comm (Code of Ethics).doc
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
RESOLUTION NO. 03-
AN RESOLUTION OF THE CITY OF BOYNTON BEACH,
FLORIDA, EST ABLISIDNG CORE VALUES AND
MINIMUM STANDARDS OF CONDUCT FOR PUBLIC
OFFICERS OF THE CITY; PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, although Chapter 112,311, et seq., Florida Statutes the Code of
thics for public officers and employees, was enacted to ensure that the public be
rotected from conflicts of interest and unethical conduct by elected and appointed public
fficers, the City Commission has determined that local guidelines should be established
o ensure confidence in the integrity of City government and the City's public officers;
d
WHEREAS, the City Commission of the City of Boynton Beach, Florida, desires
o establish core values and minimum standards by which the City's public officers
hould be guided in the performance of their designated duties; and
WHEREAS, the City of Boynton Beach core values and standards of conduct are
intended to apply to the official and day-to-day conduct of elected and appointed public
officials of the City of Boynton Beach; and
WHEREAS, these core values and standards of conduct will serve as a valuable
eference guide for all those in whom the public has placed its trust; and
WHEREAS, the City Commission of the City of Boynton Beach has determined
that these core values and standards of conduct are in the best interests of the citizens of
the City of Boynton Beach, and will assist in ensuring that the City's elected and
appointed officials have basic standards established by which to guide their conduct; and
NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of
Boynton Beach, Florida, as follows:
SECTION 1. The foregoing "Whereas" clauses are hereby ratified and confinned
as being true and correct and are hereby made a specific part of this Resolution upon
adoption hereof.
SECflON 2. The City COnUnission hereby establishes the following core values
and standards of conduct for all elected and appointed officers of the City:
Core Values and Standards of conduct.
The term "public officer" means any person elected to the City
Commission or any person appointed to any City board.
1
C:\DocumenlS and Settings\Jamannar.ClTY\Local Settings\Temporary Internet Files\OLK120\Code of Ethics-BBKB.doc
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
II
I
I
I'
In furtherance of the public trust assumed by public officers of the City
upon their election or appointment to public office or employment, the following
standards of conduct shall be applicable to public officers of the City:
(a) Core Values. Each public officer shall pledge his or her
commitment to the following core values of the City of Boynton Beach, as
follows:
(1) Diversity - A public officer will use the strengths that come from
our differences as we work toward the completion of our goals.
(2) Integrity - A public officer will demonstrate consistency in action
and words grounded in ethical conduct. Having the courage to do
the right thing and be willing to be held accountable for our
decisions.
(3) Stewardship - A public officer will practice responsible
management of public and natural resources entrusted to our care.
(4) Creativity - A public officer will encourage the use of imagination
to develop new ideas and find improvements.
(b) Standards of Conduct. Each public officer shall pledge his or her
commitment to the following standards of conduct of the City of Boynton Beach,
as follows:
(1) Leadership by example. A public officer will display leadership
by:
A. Subscribing to the City of Boynton Beach standards of
conduct for Public Officers; and
B. Promoting a sense of community, community values, and
commUnity spirit and by embracing diversity within the
community, while focusing o'n the importance and values
of family; and
C, Practicing a "can do" attitude rather than an attitude of
negativity; and
D. DevelQping vision or focus on the future, and supporting
the achievement of vision; and
E. Being responsive; and
F. Recognizing and fostering leadership throughout the City
government and the residential and business communities
of the City; and
G. Balancing statesmanship and political and professional
goals; and
2
C:\Document.s and Settings\lamannar,CITY\Local Settings\Temporary Internct Files\OLKI 20\Codc of Ethics-BBKBdoc
1
2
3
4
5
6
7
8
9
10
11
12.
13
14
15
r6
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
(3)
(4)
H. Maintaining a positive image, while working towards the
best interests of the City and its citizens.
(2)
Empowerment (mindset/orientation) attitude. A public officer will
display an empowerment attitude by:
A. Encouraging citizens to be active, responsible and informed
partners in City government that function with public
officers of the City to achieve a shared vision; and
B. Empowering City administration to continuously improve
the quality of and the services provided by City
government; and
C. Encouraging entrepreneurship by governing the City as a
successful, ethical business model; and
D. Maximizing services while minimizing tax burdens on
citizens.
Customer focus and involvement (volunteerism/action). A public
officer will encourage and promote customer focus and
involvement by:
A. Encouraging citIzens and residents to be involved in
government and bridging the gap between City government
and community; and
B. Promoting specific avenues by which citizen input is
gathered and information is disseminated by the City; and
C. Encouraging citizen involvement in decision-making; and
D. Supporting data-based decision-making.
Continuous improvement. A public officer will work towards
continuous improvement through:
A. Self-improvement through education, personal growth, and
personal learning; and
B. Supporting process improvement in City systems and key
process improvements through knowledge-based decision-
making; and
C. Supporting and encouraging personal wellness and
professional development throughout City government; and
D. Supporting innovation through technology; and
E, Promoting effective use 0 f customer feedback to improve
quality of government and the providing of government
servIces.
3
C:\DocurnenlS and Settings\lamannar.CITY\LocaJ Senings\Temporary Internet FilesIOLK120\Code of Ethics-BBKB.doc
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
, .
, ,
,
r
SECTION 3. This Resolution shall become effective immediately upon its
assage and adoption.
PASSED AND ADOPTED THIS _ day of September, 2003.
CITY OF BOYNTON BEACH, FLORIDA
Mayor
Vice Mayor
Commissioner
Commissioner
Commissioner
ity Clerk
4
C:\DocumenlS and Settings\lamannar.ClTY\Local Settings\Temporary Internet File5\OLKl20\Code of Ethics-BBKB.doc
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
XI. - NEW BUSINESS
ITEM A.
CODE OF ETHICS
ORDINANCE NO, 03-
I.
i:
! I
AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA,
CREATING A NEW SECTION 2-10, "CODE OF ETHIGS? WITHIN
CHAPTER 2, "ADMINISTRATION," OF THE CODE OF
ORDINANCES; PROVIDING FOR A CODE OF ETHICS FOR PUBLIC
OFFICERS OF THE CITY; PROVIDING FOR CONFLICTS,
SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE,
WHEREAS, Chapter 112.311, et seq., Florida Statutes is known as the Code
f Ethic$ for public officers and employees, and was enacted because the public interest
equires that the public be protected from conflicts of interest and unethical conduct by
lected and appointed public officers; and
WHEREAS, the City Commission of the City of Boynton Beach, Florida,
esires to enact a Code of Ethics governing the City's public officers in the performance of
heir designated duties; and
WHEREAS, this City of Boynton Beach Code of Ethics is intended to apply
o the day-to-day conduct of elected and appointed public officials of the City of Boynton
each; and
WHEREAS, this Code of Bthics will serve as a valuable reference guide for
11 those in whom the public has placed its trust; and
WHEREAS, the City Commission of the City of Boynton Beach has
etermined that the enactment of a City Code of Bthics is in the best interests of the citizens
f the City of Boynton Beach, protects the integrity of City government, fosters public
onfidence in the actions of the City, and will assist in ensuring that the City's elected and
ppointed officials abide by the highest ethical standards; and
NOW, THEREFORE, BE IT ORDAINED by the City Commission of the City of
oynton Beach, Florida. as follows:
SECTION 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as
eing true and correct and are hereby made a specific part of this Ordinance upon adoption
ereo f.
SECTION 2. Chapter 2 of the City of Boynton Beach Code of Ordinances, entitled
~'Administration" shall be amended to create Section 2-10 and shall read as follows:
I
I
: i
I;
I
I
I
r'C"O'd'M""'~~ft "dm,""")~' Cod' of """'4lIl"''''
CODE OF ETHiCS
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
ec.2-10
COD E 0 F E,:]}HI(JS.~
Short title,
This Section shall be known and cited as the "City of Bovnton Beach Code of
Ethics for Public Officers."
A. Intent and purpose.
The purpose of this article is to strengthen the quality of representative
government through ethical principles governing the conduct of the city's elected and
appointed officials. It is important to assure that. that the policies and decisions made
by public officers are made through established processes of government, that public
officers do not utilize public office for private or personal benefit. that public officers
avoid action which creates the appearance of impropriety, and that the public have
confidence in the integrity of city government and the city's ~ublic officers.
B, Definitions, References in this article to the Florida Statutes shall be
interpreted as meaning Florida Statutes as amended from time to time.
Business entitv shall have the meaning ascribed in Section 112.312(5), Florida
Statutes.
Candidate shall have the meaning ascribed in Section 112.312(6), Florida
Statutes.
Conflict or conflict of interest shall have the meaning ascribed In Section
112.312(8), Florida Statutes.
Gift shall have the meaning ascribed in Section 112.312(12), Florida Statutes.
Public officer shall have the meaning ascribed in Section 112.313( 1). Florida
Statutes.
Relative shall have the meanIng ascribed In Section 112.312(21), Florida
Statutes.
c. Acknowlede:ment.
All public officers of the city and candidates for city elective office. upon
appointment. election. or qualifYing. are strongly encouraged to submit a signed
statement to be provided by the City Clerk acknowledging that they have received.
read. understand, and agree to be bound by the City of Bovnton Beach Code of Ethics
for Public Officers.
,
I
f :\C A \Ordinances'<lraft ordinance\Drafl Code of EthiCs,stNloc
2
CODE OF ETHICS
,-
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
1.6
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
D.. Applicability of Chapter 112. Florida Statutes,
Nothing in the City of Bovnton Beach Code of Ethics for Public Officers shall
be interpreted or construed as conflicting with Section 112.311 et seq., Florida
Statutes, which is also applicable to public officers of the city. This article is
intended to supplement state law provisions governing ethics in government.
E. Standards of conduct.
In furtherance of the public trust assumed by public officers of the city upon
their election or appointment to public office or employment, the following standards
of conduct shall be a?plicable to public officers of the city:
(a) Core Values. Each public officer pledges his or her commitment to
the Core Values of the City of Bovnton Beach. as follows:
(l) Leadership bv example. A public officer will display leadership by:
A. Subscribing to the City of Bovnton Beach Code of Ethics for
Public Officers; and
B. Promoting a sense of community, community values. and
community spirit and by embracing diversity within the
community, while focusing on the importance and values of
family: and
C. Practicing a "can do" attitude rather than an attitude of
negativity; and
D. Developing vision 0 r focus 0 n t he future, and su pporting the
achievement of vision: and
E. Being responsive: and
F. Having fun and enioying one's role as a public officer of the
city; and
G. Recognizing and fostering leadership throughout the city
government and the residential and business communities of
the city; and
H. Balancing statesmanship and political and professional goals;
and
1. Maintaining a positive image, while working towards the best
interests of the city and its citizens.
(2) Empowerment (mindset/orientation) attitude. A public officer will
display an empowerment attitude by:
A. Encouraging citizens to be active. responsible partners in city
government that function with public officers of the city to
achieve a shared vision; and
3
:\CA\Ordinances\draft ordinance\Draft Code of Ethics-BB.doc
CODE OF ETHICS
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
B. Empowering city administration to continuously improve the
quality of and the services provided by city government: and
C. Encouraging entrepreneurship by governing the city as a
successful. ethical business model; and
D. Maximizing revenue while minimizing tax burdens on citizens.
(3) Customer focus and involvement (volunteerism/action). A public
officer w ill encourage and promote customer focus and involvement
Qy
A. Encouraging CItIzens and residents to be involved in
government and bridging the gap between city government and
community; and
B. Promoting specific avenues by which citizen input is gathered
and information is disseminated by the city; and
C. Encouraging citizen involvement in decision-making; and
D. Supporting data-based decision-making.
(4) Continuous imorovement. A public officer will work towards
continuous improvement through.:
A. Self-improvement through. education, personal growth, and
personal learning; and
B. Supporting process improvement in city systems and key
process improvements through. knowledge-based decision-
making; and
C. Supporting and encouraging personal wellness and professional
development throughout city government; and
D. Supporting innovation through. technology; and
E. Promoting effective use of customer feedback to improve
quality of government and the providinl2: of government
servIces.
(b) Each public officer shall be dedicated to the concepts of effective and
democratic local government, respecting the principals and spirit of representative
democracy. and setting a positive example of good citizenship by scrupulously
observinl2: the letter and spirit of applicable laws. rules, and regulations.
(c) Each public officer shall pledge himself or herself to affirm the dignity
and worth of the services rendered by city government and to maintain a constructive,
creative, and practical attitude towards urban affairs incorporatIng a deep sense of
social responsibility as a public servant.
I
i I
, I
I'
i
I'
I
(d) Each public officer shall be dedicated to the highest ideals of honor
and integrity in all public and personal relationships and shall conduct themselves in a
manner which maintains and promotes public confidence in city government.
f. 'c AIOrdmances\draft ordinancelDraft Code of Ethics.BS.doc
) i
Ii
Ii
4
CODE OF ETHICS
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
(e) Each public officer shall recognize that the main function of local
government. at all times, is to serve and promote the best interests of the public.
(f) Each public officer pledges to support and carrv out public policy in
furtherance of the Mission Statement of the city, including but not limited to,
subscribing to and supporting the Strategic Plan and the Business Plan of the city.
To the extent that the city commission has created a priority area for
individual members of the city commission, then, in that event, those members of the
city commission not assigned to a particular priority area shall respect the apportioned
assignment so long as the prioritization is maintained. as such, by the city
commission. In all respects, each member of the city commission pledges to the
respect priority areas of other members of the City Commission including the
exchange 0 f information. disclosure 0 fa ctivities. and the public furtherance 0 f the
goals and obiectives of the designated area of priority.
(g) Each public officer pledges to keep the community informed on the
affairs of city government. emphasize and practice friendly and courteous service to
the public. and seek to improve the quality and image of public service.
(h) Each public officer pledges that he or she will not misuse the office or
position. will not participate in debate on any matter which may come before the city
commission for decision and which may benefit a family member. client. or business
acquaintance, and will not seek or accept any personal profit or gain, or unwarranted
favor or privilege for himself or herself. or any relative or other person.
en Each public officer pledges not to improperly influence or attempt to
influence other public officers.
(i) A public officer shall not engage in. solicit. negotiate for, or promise
to accept private employment or render services for private interests or conduct a
private business when such employment. service. or business creates a conflict with
the proper discharge of his or her official duties as a: public officer.
(k) A public officer shall not invest or hold any investment, directly or
indirectly, in any financial business. commercial. or other private transaction that
creates a conflict with one's official duties as a public officer.
(l) Florida's Gift Law, as amended from time to time and as codified at
Section 112.3148. Florida Statutes. is hereby incorporated herein by reference. A
public officer shall not directly or indirectly solicit. accept. or receive any gift.
whether it be money, services, loan. travel. entertainment, hospitality. promise, or any
other form if: (1) it could be reasonably inferred or expected that the gift was
intended to influence the performance of a public official's duties; or (2) the gift was
5
s:\c A \Ordinances\draft ordinance\Draft Code of Ethics-BB.doc
CODE OF ETHICS
I
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
intended to serve as an inducement for an Improper action or as a reward not
otherwise permitted under Florida law.
I
Ii
I
(m) Each public officer agrees to be honest, fair, and respectful to others in
performing his or her duties as a public officer and agrees to refrain from and avoid
conduct creating an appearance of impropriety or which is otherwise unbefitting a
public officer, including but not limited to making false accusations or personal
attacks against another public officer. or behaving in a rancorous or contentious
manner.
(n) A public officer shall not use the provisions of this Code of Ethics to
further frivolous claims against one another. Frivolous claims shall be those
forwarded with knowledge that the claim contains one or more false allegations or
those made with reckless disregard as to whether the complaint or claim contains
false allegations of fact material to a violation of this Code of Ethics.
(0) Each public officer pledges to uphold and adhere to the provisions of
the Charter of city.
(p) A public officer shall not knowingly violate any federal. state. or local
law. rule or regulation.
(0) Each public officer serving on the city commission or an advisory
board of the city. when appearing before any other governmental body or within the
contents of any written communication. pledges to inform the recipient of the oral or
written communication that the issue before such governmental body or in writing has
or has not been addressed officially by the city commission or the advisory board of
which he or she is a member: and further pledges to inform the recipient(s) of the oral
or written communication of any official position taken by the city commission or an
advisory board and indicate that his or her appearance or written correspondence is or
is not authorized by the city commission or an advisory board. When a member of the
city commission is representing the city commission before another governmental
body. said member of the city commission shall. at a minimum, update the other
members of the city commission and the city manager at the next scheduled city
commission meeting.
(r) A public officer shall not disclose confidential information ac~uired in
one's capacity a sap ublic 0 fficer too thers 0 ruse such confidential information to
further one's personal interests.
(s) No public officer shall undermine the duties. responsibilities, and role
of the city manager, as provided in the Charter and the Code of Ordinances and as
assigned by the city commission.
en Each public officer shall disclose all personal relationships in any
instance whether there could be a conflict of interest or an appearance of conflict.
6
SICA IOrdinancesldraft ordinancelDraft Code of Ethics-BS.doc
II
! I
CODE OF ETHICS
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
(u) Nothing herein shall be construed to apply to the solicitation or
acceptance of contributions to the campaign of an announced candidate for elective
city office, as governed by Chapter 106, Florida Statutes.
; I
(v) No public officer: however, shall be prohibited from glvmg or
recelvmg:
(1) An award publicly presented in recognition of public service:
(2) Commercially reasonable loans made in the ordinary course of a
lender's business: or
(3) Reasonable entertainment, meals, or refreshments furnished in
connection with public events, appearances, or ceremonies related to
official duties or city government business.
(w) No public officer shall be prohibited from making an inquiry for
information or providin~ assistance on behalf of a citizen or interested person if no
fee, reward, or other thing of value is promised to, given to, or accented by the public
officer or a relative of a public officer, whether directly or indirectly, in return
therefor. However, no public officer shall "influence peddle" or use his or her
position as a public officer to gain favors or benefits inconsistent with city policy or
applicable law on behalf of any citizen or other person.
F, Orientation of elected officials.
(a) Newly elected members of the city commission shall. within
twelve (12) months of the administration of the oath of office. attend and
successfully complete the Institute for Elected Municipal Officials (lEMO)
or similar program deemed qualified by the city commission.
(b) Newly elected members of the city commission shall receive
a structural orientation on city government from the city manager and the
city attorney within ten (10) business days of the administration of the oath
of office.
G. Retreats.
In furtherance of the goals and purposes of the City of Bovnton
Beach Code of Ethics for Public Officers, on an annual basis, members of
the city commission shall attend at least one strategic planning retreat and at
least one commission retreat. as scheduled by the city commission in
consultation with the city manager. Attendees at these retreats shall be the
members of the city commission, the city manager, the city attorney, and
those public officers of the city whose attendance is deemed necessary by
the city manager.
7
,S:ICA\Ordlnancesldraft ordmancelDraft Code of Eth.cs-BB.doc
i I
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
CODE OF ETHICS
H. Enforcement.
I
I
Violation of any of the provisions of this article may constitute grounds for
suspension or removal from office, pursuant to ap?licable statutory and constitutional
procedures. Any advisory board member who violates any of the provisions of this
article may be removed from any and all boards pursuant to applicable statutes and
local ordinances. l<\ny elected public officer that violates the City of Boynton Beach
Code of Ethics shall also be subiect to censure by a four-fifths vote of the citv
commISSIon.
I'
I
SECTION 3, Severability. Should any section, provision, paragraph, sentence, clause
f word 0 f this 0 rdinance 0 r portion hereof be held 0 r declared by a ny court 0 f competent
urisdiction to be unconstitutional 0 r invalid, in part 0 r a pplication, it shall be considered as
liminated and shall not a ffect the validity of the remaining portions or applications of this
dinance.
SECTION 4. Conflicts. T hat all 0 rdinances 0 r parts 0 f Ordinances, Resolutions or
arts thereof in conflict herewith, be and the same are hereby repealed to the extent of such
onflict.
SECTION 5, Codification. It is the intention of the City Commission of the City of
oynton Beach, that the provisions of this Ordinance shall become and made a part of the Code
f Ordinances of the City of Boynton Beach, Florida, and that the Sections of this Ordinance
ay be renumbered, re-Iettered and the word "Ordinance" may be changed to "Section,"
'Article" or other word or phrase in order to accomplish such intention.
SECTION 6. Effective Date. This Ordinance shall become effective immediately
I rpon its passage and adoption.
FIRST READING this _ day of
,I
,2003.
8
SIC A IOrdinancesldraft ordinancelDrafl Code of Ethics-BB.doc
CODE OF ETHICS
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
'24
25
26
27
28
SECOND, FINAL READING AND PASSAGE this _ day of
~003
I
I
CITY OF BOYNTON BEACH, FLORIDA
Mayor
Vice Mayor
Commissioner
Commissioner
Commissioner
TTEST:
ity Clerk
; !
Ii
! S:\CAIOrdinancesldraft ordinance\Draft Code of Ethics-88doc
9
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
XII. - LEGAL - 2nd Reading
Non-Development
ITEM B.1
Requested City CommissioD_ Date Final Form Must be Turned in
Meetin!!: Dates to City Clerk's Office
Requested City Commission Date Final Form Must be Turned in
Meetin!!: Dates to City Clerk's Office
[]December 5, 2006
November 20,2006 (Noon)
o
[]January 2, 2007
December 14,2007 (Noon)
[]March 5, 2007
February 12,2007 (Noon)
[]January 16,2007
January 2, 2007 (Noon)
~arch 20, 2007
March 5, 2007 (Noon)
Gebruary 13,2007
January 22, 2007 (Noon)
[R]April3,2007
March 19,2007 (Noon)
NATURE OF
AGENDA ITEM
[]AnnouncementslPresentations
[Fity Manager's Report
[]Administrative
[]New Business
RECOMMENDATION: The City Commission adopts the following two ordinance
amendments:
-0
:l::
.s:-
..
:'J
CJ-l
:::::{-<
-':0
~..') -n
--OJ
;"10
.~1~
J: ..-,
, "0
0=
......,
.,., OJ
-rrl
(}J>
rr'lCJ
-
.....
[Fonsent Agenda
(Y.egal
Gode Compliance & Legal Settlements
Q;nfmished Business
c::>
-J
::r.:
:l::'"
::;;0
N
o
[]public Hearing
.r::-
--J
1). Amending Ordinance 05-060 to provide that the art fee does not apply to projects which had
applications pending on or before October 5, 2005; providing that the 30% of the I % (.03) Public
Art fee is collected by the Building Department at time of Building Permit issuance and the 70% of
the 1 % (.07) prior to and as a condition of issuance of the certificate of occupancy which includes
the Public Art.
2). Amending the ordinance to exempt single family and two family in-rill residential housing.
(See page 4, section 2-163 (B) (4) of attached amended Public Arts Ordinance to correlate with the
Recreation and Parks ordinance to clarify and match the single and two family exemption language:
EXPLANATION: These recommendations are coming forward as previously directed by City
Commission. Approving the language, Projects that were submitted prior to or on Oct. 5, 2005
notwithstanding any subsequent requestfor site plan extension and the 30% of the 1% (.03)
Public Art fee at time of Building Permit issuance that is included in the amended ordinance.
The purpose is to fix the Public Art Fee to a specific component of a multi-phase project up front at
the time of site plan review and prior to permitting.
Amending the Public Art ordinance to exempt single family and two family in-fill residential
housing would allow developments of less than three units to be exempt from the art fee and comply
with the Commissions decision made at the Jan. 16th City Commission meeting. This language was
reviewed and recommended by attorney and staff.
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
PROGRAM IMPACT: This serves to clarify the responsibility of the developer and avoid the
additional accounting burden on staff of trying to keep track of multiple Public Art fee payments on
multiple phases for multiple projects.
FISCAL IMPACT: N/A
ALTERNATIVES: To keep the Public Art Ordinance as is and not make any amendments.
DOCUMENTATION ATTACHED: Exhibit A - Amended Public Art Ordinance.
~.~
City Manager's Signature
Assistant to City Manager ~
Department Name
City Attorney / Finance
S:\BULLETlN\FORMS\AGENDA ITEM REQUEST FORM.DOC
1 ORDINANCE NO. 07-
2
3 AN ORDINANCE OF THE CITY COMISSION OF THE
4 CITY OF BOYNTON BEACH, FLORIDA, AMENDING
5 ORDINANCE 05-060 TO PROVIDE THAT THE ART FEE
6 DOES NOT APPLY TO PROJECTS WHICH HAD
7 APPLICATIONS PENDING ON OR BEFORE OCTOBER 5,
8 2005; PROVIDING WHEN THE ART FEE IS PAYABLE;
9 PROVIDING CONFLICTS, SEVERABILITY; INCLUSION
10 AND AN EFFECTIVE DATE
11
12 WHEREAS, the Commission has heretofore adopted Ordinance 05-060 creating the
13 Art in Public Places program; and
14 WHEREAS, the City Commission has determined that it is in the best interest of the
15 Art in Public Places Program to modify the program as hereinafter set forth.
16 NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
17 THE CITY OF BOYNTON BEACH, FLORIDA:
18
Section 1.
The foregoing "WHEREAS" clauses are hereby ratified and
19 confirmed as being true and correct and are hereby made a specific part of this Ordinance
20 upon adoption hereof.
21
Section 2.
Ordinance 05-060, codified as Article XII, Chapter 2 of the Code of
22 Ordinances of the City of Boynton Beach, entitled "Art in Public Places Program," is hereby
23 amended to read as follows:
24 Sec. 2-159. Short title; intent.
25
26
27
28
29
30
31
32
33
(A) This chapter shall be known and cited as the "Art in Public Places Program."
(B) It is the intent and purpose of this chapter to further the commitment of the
City of Boynton Beach to the aesthetic, historical, cultural and economic enrichment of the
community through the creation of works of art so that citizens and visitors to the City of
Boynton Beach are afforded an opportunity to enjoy and appreciate works of art. The
requirements of this chapter shall be construed to promote the aesthetic values of the entire
community and to encourage the preservation and protection of works of art.
S:\CA \Ordinances\Art in Public Places-03] 207 .docS,\CAIf)Ffl.inaRee5\Aft-i.fl'~'uoli€...p.la€es-4-222.(:J6"H'l€
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
.""<<"",'~~~.!I;~~,,..;,.;
Sec. 2-160. Definitions.
(A) Definitions. For the purposes of this section, the following words and
phrases shall have the following meanings:
(I) Artist or Professional Artist means a practitioner in the visual arts, generally
recognized by critics and peers as a professional of serious intent and ability.
Indications of a person's status as a professional artist include, but are not
limited to, income realized through the sole commission of artwork, frequent
or consistent art exhibitions, placement of artwork in public institutions or
museums, receipt of honors and awards, and training in the arts.
(2) Art, Artwork or Works of Art means tangible creations by artists exhibiting
the highest quality of skill and aesthetic principles and includes all forms of
the visual arts conceived in any medium, material, or combination thereof,
including, but not limited to, paintings, sculptures, engravings, carvings,
frescos, stained glass, mosaics, mobiles, tapestries, murals, photographs,
video projections, digital images, bas-relief, high relief, fountains, kinetics,
collages, drawings, monuments erected to commemorate a person or an
event, functional furnishings, such as artist designed seating and pavers,
unique or original architectural elementsdesigned by an artist, and artist
designed landforms or landscape elements. The following shall not be
considered artwork or works of art for purposes of this chapter:
(a) Reproductions or unlimited copies of original artwork.
(b) Art obj ects, which are mass-produced.
(c) Works that are decorative, ornamental, or functional elements of the
architecture or landscape design, except when commissioned from an
artist or designed as an integral aspect of a structure or site.
(3) Building means any structure that encloses space and is used or built for the
shelter or enclosure of persons, businesses, chattel or property.
( 4) Development means any construction, or redevelopment, or structural
alteration of any private or public building within the limits of the City.
(5) Arts Commission means the advisory board established by the City
Commission pursuant to Ordinance 01-64.
(6) Public Art Fund means a separate, interest bearing account set up by the City
to receive monies for the Art in Public Places Program.
(7) Remodeling or conversion means alterations made to a building within any
twelve month period, including, but not limited to, changes to the fayade of a
building, changes to the interior of a building, increases or decreases in the
S:\CA \Ordinances\Art in Public Places-031207.docS.'\('A\()nj.tniln€-e"\ArtinP,,hli€.Pla€€s-1222U{),lkl<:
2
1
2
3
4
5
6
7
floor area of a building and changes to exterior improvements.
(8) In-fill housing means new residential units on parcels less than 5 acres that are not
part of an approved planned unit development as defined by the City of Bovnton
Beach land development regulations.
Sec.
2-161. Arts Commission.
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
The Boynton Beach Arts Commission shall function and operate as outlined in the
City of Boynton Beach's Ordinance No. 01-64.
Sec. 2-162. Powers and duties of committee.
(A) The Arts Commission shall have the following additional powers and duties:
(1) Recommend to the City Commission, adoption of Art in Public Places
Program Guidelines and amendments thereto;
(2) Recommend to the City Commission, adoption of a Public Art Master Plan
identifying locations for public artworks and establishing a priority order;
(3) Recommend to the City Commission authorization of expenditures for
maintaining and implementing the Art in Public Places Program;
(4) Recommend to the City Commission other expenditures of the Public Art
Fund such as hiring staff and services to run the Art in Public Places
Program;
(5) Exercise their authority to approve, approve with conditions or disapprove
proposed installation of artwork based on Art in Public Places Program
Guidelines; and
(6) Advance, through education and communication, the Art in Public Places
Program Guidelines. The guidelines are attached as Exhibit "A".
Sec. 2-163. Establishment of Public Art Fee
(A) All development, redevelopment, reconstruction or remodeling projects
commenced after the adoption of this ordinance which have a construction value of
$250,000.00 or greater, shall participate in the Art in Public Places Program by paying a
Public Art Fee. For the purpose of this section, a project will be considered "commenced"
when an application for review is first submitted to the City's Development Department.
The Public Art Fee shall be equal to 1 % of construction value of the project. The Public ;\rt
Fee shull be collected by tIhe Building und Code Compliunce DivisionlFinance Department
shall administer the billing and collection of the 30% or (.03) of the 1 % of the Public Art
Fee at the time of Building Permit issuance and the 70% or (.07) of the I % prior to and as a
condition of building pemlit issuance of the certificate of occupancy that includes the Public
S:\CA \Ordinances\Art in Public Places-031207.doc8.,.\(:X\()f{I'fnal\c1:?s\Aft-ifl-14I'])li{,...p~ili.~5-j..;1.2-206,eflC
3
1
Art. One hundred percent (100%} of the Public Art Fees collected are to be allocated to the
Public Art Fund. All distributions for the Public Art Fund require the recommendation of
Arts Commission prior to City Commission approval.
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
(B) The following types of projects are exempt from the payment of the Public Art
Fee:
(1) Remodeling, repair or reconstruction of structures damaged by fire, flood,
wind, earthquake or other calamity determined by the city of Boynton Beach
building official.
(2) The percent of the project dedicated to affordable housing as defined by the
City of Boynton Beach.
(3) All proiects which were submitted prior to or on October 5, 2005,
notwithstanding anv subsequent request for site plan extension.
(4) Single family and two family in-fill housing.
(C) Project owners required to participate in the Art in Public Places Program
may obtain reimbursement up to seventy percent (70%) of collected art fee if the following
conditions are met;
(1) The owner of a development agrees to follow the Art Commission's
recommendations to develop the art in the project; and
(2) Prior to placement on the development site, has the artwork approved by the
Arts Commission to insure that the artwork will be accessible and readily
visible to the public based on location of artwork and normal traffic of
vehicles/pedestrians in the proposed location; and
U1JB-Select an artist directly to execute a project that meets specific criteria
outlined by the recommendations and guidelines document provided by the Arts
Commission or hire a professional consultant to select artists to commission site-
specific, architecturally integrated artworks that meet specific art criteria outlined
by the recommendations and guidelines document provided by the Arts
Commission or; Purchase artworks for permanent installation recommended by
the Arts Commission or; Elect to purchase an existing artwork or commission an
original artwork for donation as a gift to the City of Boynton Beach's public art
collection or;
Sec. 2-164. Art and artist selection criteria.
(A) The Art and Artist selection criteria shall be in compliance with the Arts
Commissions Guidelines and Recommendations.
Sec. 2-165. Public Art fund.
S:\CA\Ordinances\Art in Public Places-031207.docS:\('AV)nlinilne<l,;-V\.f!.jHPHblic.Plae<ls-12220(H]oe
4
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
(A) There is hereby created a public art fund administered by the Arts
Commission. Funding shall consist of all contributions received from art fees for
development and redevelopment. Contributions shall include 1 % of construction value on
projects exceeding $250,000.00, any cash grants and donations to the City for public art
projects from governmental or private resources, and all other funds allocated by the City
through the budgetary process for the provision of public art.
(B) Expenditures from the Public Art Fund shall include, but not be limited to
expenses associated with the selection, commissioning, acquisition, transportation,
maintenance, public education, promotion, administration, program marketing,
documentation, removal and insurance of the works of art or in relation thereto. The Arts
Commission can recommend to the City Commission, expenditures from the funds in
furtherance of the Art in Public Places Program.
(C) Disbursements of the Public Art Fee shall be seventy percent (70%) to the
construction of art in a given project and thirty percent (30%) for the administration of the
Art in Public Places Program and a (endowment or reserve fund) for future work as
described in the Arts Commissions Guidelines & Recommendations.
Sec. 2-166. Ownership of artwork.
Unless otherwise expressly agreed to in writing by the City, ownership of all art
acquired through expending funds in the Public Art Fund shall be owned by the City
according to the Arts Commissions Recommendations and Guidelines.
Sec. 2-167. Art in Public Places Program Guidelines
The Arts Commission shall prepare, and from time to time recommend to the City
Commission revisions to the, Art in Public Places Program Guidelines and make the same
available to the public, which shall provide guidance for program organization;
organizational governance and staffing responsibilities; procedures for project planning;
artist selection; art selection criteria; art placement criteria; donations; loans and memorials;
collection management; and, administration of the Public Art Fund.
In the event language contained in the Art in Public Places Program Guidelines
conflicts with this Ordinance, the language in the Ordinance shall control.
Sec. 2-168. Art in Public Places Program Location Plan
The Arts Commission shall prepare, and from time to time revise, a Art in Public
Places Program Location Plan that identifies locations and criteria for public artworks and
establishes a priority order.
Section 3.
Severability.
S :\CA \Ordinances\Art in Public Places-031207 .doc8.,\CA\()ftl+AaR€~-rt-in"PHbli€...p.lat.~s-l..2-2.;;UJ(Hkle
5
1 If any section, sentence, clause, or phrase of this Ordinance is held to be invalid or
2 unconstitutional by any court of competent jurisdiction, then said holding shall in no way
3 affect the validity of the remaining portions of this Ordinance.
4
Section 4.
Inclusion in Code.
5 It is the intention of the City Commission of the City of Boynton Beach, Florida, that
6 the provisions of this Ordinance shall become and be made a part of the City of Boynton
7 Beach Code of Ordinances, and that the sections of this Ordinance may be renumbered or
8 relettered and the work "ordinance" may be changed to "section," "article," or such other
9 appropriate work or phrase in order to accomplish such intentions.
10 Section 5. This Ordinance shall become effective immediately on passage.
11 FIRST READING this _ day of ,2007.
12 SECOND, FINAL READING AND PASSAGE this _ day of ,2007.
13 CITY OF BOYNTON BEACH, FLORIDA
14
15
1611 Mayor - Jerry Taylor
17'
18
19 Vice Mayor - Jose Rodriguez
20
21
22 Commissioner - Ronald Weiland
23
24
25 Commissioner - Mack McCray
26
27
28 Commissioner - Carl McKoy
29 ATTEST:
30
31
32 Janet Prainito, City Clerk
33
34
35 (Corporate Seal)
S:\CA\Ordinances\Art in Public Places-031207.docS:\(.:A\()nJtnanc€"IAfl..in.Puhli"...Plac€s-1222(j(tciklC
6
1 ORDINANCE NO. 07-
2
3 AN ORDINANCE OF THE CITY COMISSION OF THE
4 CITY OF BOYNTON BEACH, FLORIDA, AMENDING
5 ORDINANCE 05-060 TO PROVIDE mAT THE ART FEE
6 DOES NOT APPLY TO PROJECTS WlDCH HAD
7 APPUCATlONS PENDING ON OR BEFORE OCTOBER 5,
8 2005; PROVIDING WHEN THE ART FEE IS PAYABLE;
9 PROVIDING CONFIJCTS, SEVERABILI1Y; INCUlSION
10 AND AN EFFECTIVE DAlE
11
12 WHEREAS, the Commission has heretofore adopted Ordinance 05-060 creating the
13 Art in Public Places program; and
14 WHEREAS, the City Commission has determined that it is in the best interest of the
15 Art in Public Places Program to modify the program as hereinafter set forth.
16 NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
17 THE CITY OF BOYNTON BEACH, FLORIDA:
18 Section 1. The foregoing "WHEREAS" clauses are hereby ratified and confirmed
19 as being true and correct and are hereby made a specific part of this Ordinance upon
20 adoption hereof.
21 Section 2. Ordinance 05-060, codified as Article XII, Chapter 2 of the Code of
22 Ordinances of the City of Boynton Beach, entitled "Art in Public Places Program," is hereby
23 amended to read as follows:
24 Sec. 2-159. Short title; intent.
25 (A) This chapter shall be known and cited as the "Art in Public Places Program."
26
27 (B) It is the intent and purpose of this chapter to further the commitment ofthe
28 City of Boynton Beach to the aesthetic, historical, cultural and economic enrichment of the
29 community through the creation of works of art so that citizens and visitors to the City of
30 Boynton Beach are afforded an opportunity to enjoy and appreciate works of art. The
31 requirements of this chapter shall be construed to promote the aesthetic values of the entire
32 community and to encourage the preservation and protection of works of art.
33
34 Sec. 2-160. Definitions.
35
(A) Definitions. For the purposes of this section, the following words and
Fl; l,,~ ~':_~ \.iJ~~~~ "d I~",
,. . ;.
Deleted: S:\CA IOrdinanceslArt in Public Places-
122206.doc
]
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
50
phrases shall have the following meanings:
(1) Artist or Professional Artist means a practitioner in the visual arts, generally
recognized by critics and peers as a professional of serious intent and ability.
Indications of a person's status as a professional artist include, but are not
limited to, income realized through the sole commission of artwork, frequent
or consistent art exhibitions, placement of artwork in public institutions or
museums, receipt of honors and awards, and training in the arts.
(2) Art, Artwork or Works of Art means tangible creations by artists exhibiting the
highest quality of skill and aesthetic principles and includes all forms of the
visual arts conceived in any medium, material, or combination thereof,
including, but not limited to, paintings, sculptures, engravings, carvings,
frescos, stained glass, mosaics, mobiles, tapestries, murals, photographs,
video projections, digital images, bas-relief, high relief, fountains, kinetics,
collages, drawings, monuments erected to commemorate a person or an event,
functional furnishings, such as artist designed seating and pavers, unique llr
<"'ri,,inJI architectural element~ an<iartist _dl.~signed_lllll<i(onn!l orlanclS<:lipe
elements. The following shall not be considered artwork or works of art for
purposes of this chapter:
(a) Reproductions or unlimited copies of original artwork.
(b) Art objects, which are mass-produced.
(c) Works that are decorative, ornamental, or functional elements of the
architecture or landscape design, except when commissioned from an
artist or design~ as an integral aspect of a structure or site.
(3) Building means any structure that encloses space and is used or built for the
shelter or enclosure of persons, businesses, chattel or property.
(4) Development means any construction, or redevelopment, or structural
alteration of any private or public building within the limits of the City.
(5) Arts Commission means the advisory board established by the City
Commission pursuant to Ordinance 0]-64.
(6) Public Art Fund means a separate, interest bearing account set up by the City
to receive monies for the Art in Public Places Program.
(7) Remodeling or conversion means alterations made to a building within any
twelve month period, including, but not limited to, changes to the ~e of a
building, changes to the interior of a building, increases or decreases in the
floor area of a building and changes to exterior improvements.
ill :ili ii.!!/\i!l~' filC;IJ1:~ ;1\.'\\ i"vc;rdcn;:,i! IJnih (11'; J)d~'\_'l'i:" icss Ih;lJi ..::; :IC;-l'~' 11Lll ;llT.--'
!li;1, P;lr! ell nll {lPTH\l\l'{_1 planncd IJlllt dt'h,'1(1!'.11H lil :1< dCl-lf)cd in 111\' Cj1\ (;!
fin\ nit)!; H(,;t\_~h i:ll1(i cl('\ciOP11lClll ri.'(~IJjalj(\lI',
2
~""','O,~,~~"!>,,,,"';,",~""',~'''',,,""'''.;'M_~~''''''f,,"~,,-^,~t<''''_~~,,_""-<>"",_,,,,.-, .,c
~'\...",,,,,,.,,__ano__.II~
Deleted: designed by an artist
~WiJlS1a!!I.li1'T:l'a'f".II'_IiIlCI"~~'~
t Fonnatted: Font:ltalic
1'f'.."'......,.-
Fonnatted: Indent: Left: 0.5", Hanging:
,~".]~''''~f<<.l'Jj'~.I:~:lLT.l
: Deleted: S:\CA \Ordinances\Art In Public Places-
: ] 22206.doc
20- ": L- I-..r'v~
Sec. 2-161. Arts Commission.
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
The Boynton Beach Arts Commission shall function and operate as outlined in the
City of Boynton Beach's Ordinance No. 01-64.
Sec. 2-162. Powers and duties of committee.
(A) The Arts Commission shall have the following additional powers and duties:
(1) Recommend to the City Commission, adoption of Art in Public Places
Program Guidelines and amendments thereto;
(2) Recommend to the City Commission, adoption of a Public Art Master Plan
identifying locations for public artworks and establishing a priority order;
(3) Recommend to the City Commission authorization of expenditures for
maintaining and implementing the Art in Public Places Program;
(4) Recommend to the City Commission other expenditures of the Public Art
Fund such as hiring staff and services to run the Art in Public Places Program;
(5) Exercise their authority to approve, approve with conditions or disapprove
proposed installation of artwork based on Art in Public Places Program
Guidelines; and
(6) Advance, through education and communication, the Art in Public Places
Program Guidelines. The guidelines are attached as Exhibit "A".
Sec. 2-163. Establishment of Public Art Fee
(A) All development, redevelopment, reconstruction or remodeling projects
commenced after the adoption of this ordinance which have a ponstruction value of
$250,000.00 or greater \.shall PlI!1icipate_ in the ~rt in PllblicPI~s ~rogfaffi b~ payini a
Public Art Fee. For the purpose of this section, a project will be considered "commenced"
when an application for review is first submitted to the City's Development Department.
The Public Art Fee shall be equal to 1% of construction value of the project. ~fbe Building"
Division/Finance Department shall administer the hilling and colb:tion of the 30~'o-or (~03) '-\
of'the J '~;. of' the Publie Ar( Fee at the lime of' Building I\:rmit issuanee and the 7()'i'o or (.07)
of'the IOn prior to and as a condition ofjssuance of the eertiticate of OCCllnanC\ that includes
the Public '\n. One hunured pereent (100%1 of the Public Art' Fees collected are to be~
allocated to the Public Art Fund. All distributions for the Public Art Fund require the
recommendation of Arts Commission prior to City Commission approval..
(B) The following types of projects are exempt from the payment ofthePublic-Ai-f
Fee:
(I)
Remodeling, repair or reconstruction of structures damaged by fire, flood,
wind, earthquake or other calamity determined by the city of Boynton Beach
building official.
!'!!hi I,J:'i;hY-'-_'_' =: -"i,\~
3
-==eIi1~.liI~f'lj.r.alKl;.'!"'"
Formatted: Font color: Auto
=eIi1~.liI~"lj._alKl;.'!""j
Formatted: Font color: Red
I.
DeIelled: The Public Art Fee shall be collected by
\ t
", ~ DeIelled: ond Code Complionce
'~"""'''"'''''II..IIIi:j;_.I'''1.'''J''j
DeIelled: buildi nnit
~~~.liI~"Jjlr.alri"'!"'"
swanson112'11106 2 42 PM
a-e. .- .... I" ;-
DeIelled: S:\CA \OrdinanceslArt in Public Places-
I 22206.doc
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
50
(2) The percent of the project dedicated to affordable housing as defined by the
City of Boynton Beach.
L~~ll_ pn.~i\.:'i.:l> \\hich \\LTI..' :-,uhn1lttcd prIll! l( or un (Jctohcr ':U05"
!)(ll\\lthstantfinc ;J,Il\ ~ubseqllcnt 1'(:..111('.\1 il)!~21k.r1.1!.L0t~llSi.l!.!.l:
~11__.__ ~in~iL j~Hnih and two (';.!Illih in-rilj 1!~H18lh:.:
(C) Project owners required to participate in the Art in Public Places Program
may obtain reimbursement up to seventy percent (70010) of collected art fee if the following
conditions are met;
(1) The owner of a development agrees to follow the Art Commission's
recommendations to develop the art in the project; and
(2) Prior to placement on the development site, has the artwork approved by the
Arts Commission to insure that the artwork will be accessible and readily
visible to the public based on location of artwork and normal traffic of
vehicles/pedestrians in the proposed location; and
LiJ.)ielect an artist directly to execute a project that meets specific criteria outlined.
by the recommeridations aiid gUlaelfnes document provided by the Arts
Commission or hire a professional consultant to select artists to commission site-
specific, architecturally integrated artworks that meet specific art criteria outlined
by the recommendations and guidelines document provided by the Arts
Commission or; Purchase artworks for permanent installation recommended by
the Arts Commission or; Elect to purchase an existing artwork or commission an
original artwork for donation as a gift to the City of Boynton Beach's public art
collection or;
Sec. 2-164. Art and artist selection criteria.
(A) The Art and Artist selection criteria shall be in compliance with the Arts
Commissions Guidelines and Recommendations.
Sec. 2-165. Public Art fund.
(A) There is hereby created a public art fund administered by the Arts
Commission. Funding shall consist of all contributions received from art fees for
development and redevelopment. Contributions shall includel% of construction value on
projects exceeding $250,000.00, any cash grants and donations to the City for public art
projects from governmental or private resources, and all other funds allocated by the City
through the budgetary process for the provision of public art.
(B) Expenditures from the Public Art Fund shall include, but not be limited to
expenses associated with the selection, commissioning, acquisition. transportation,
maintenance, public education, promotion, administration, program marketing,
documentation. removal and insurance of the works of art or in relation thereto. The Arts
Commission can recommend to the City Commission, expenditures frorn the funds in
furtherance of the Art in Public Places Program.
, .;'\1'
4
1";....'..............--....-
Formatted: Indent Left: 0.5
~",...,.IJ._I.Ir!I;ft1l.'j
, Deleted: (3)
cheraf 1 22/07 10 48 KrJ
~ Formatted: Bullets and Numbenng
Debb Coles-Doba 3/20/07 4 18 PM
; Deleted: S:\CA \Ordinance-,\Art in Public Places-
. 122206.doc
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
(C) Disbursements of the Public Art Fee shall be seventy percent (70%) to the
construction of art in a given project and thirty percent (30%) for the administration of the
Art in Public Places Program and a (endowment or reserve fund) for future work as described
in the Arts Commissions Guidelines & Recommendations.
Sec. 2-166. Ownership of artwork.
Unless otherwise expressly agreed to in writing by the City, ownership of all art
acquired through expending funds in the Public Art Fund shall be owned by the City
according to the Arts Commissions Recommendations and Guidelines.
Sec. 2-167. Art in Public Places Program Guidelines
The Arts Commission shall prepare, and from time to time recommend to the City
Commission revisions to the, Art in Public Places Program Guidelines and make the same
available to the public, which shall provide guidance for program organization; organizational
governance and staffing responsibilities; procedures for project planning; artist selection; art
selection criteria; art placement criteria; donations; loans and memorials; collection
management; and, administration of the Public Art Fund.
In the event language contained in the Art in Public Places Program Guidelines
conflicts with this Ordinance, the language in the Ordinance shall control.
Sec. 2-168. Art in Public Places Program Location Plan
The Arts Commission shall prepare, and from time to time revise, a Art in Public
Places Program Location Plan that identifies locations and criteria for public artworks and
establishes a priority order.
Section 3.
Severability.
If any section, sentence, clause, or phrase of this Ordinance is held to be invalid or
33
unconstitutional by any court of competent jurisdiction, then said holding shall in no way
affect the validity of the remaining portions of this Ordinance.
34
35
Section 4.
Inclusion in Code.
36 It is the intention of the City Commission of the City of Boynton Beach, Florida,
37 that the provisions of this Ordinance shall become and be made a part of the City of
38 Boynton Beach Code of Ordinances, and that the sections of this Ordinance may be
39 renumbered or relettered and the work "ordinance" may be changed to "section," "article," or
40 such other appropriate work or phrase in order to accomplish such intentions.
5
.-.. .- ..._ If ~ :-
Deleted: S:\CA lOrdinanceslAn in Public P1aces-
I 22206.doc
Section 5. This Ordinance shall become effective immediately on passage.
2 FIRST READING this _ day of , 2007.
3 SECOND, FINAL READING AND PASSAGE this _ day of ,2007.
4 CITY OF BOYNTON BEACH, FLORIDA
5
6
7 Mayor - Jerry Taylor
8
9
10 Vice Mayor - Jose Rodriguez
11
12
13 Commissioner - Ronald Weiland
14
15
16 Commissioner - Mack McCray
17
18
19 Commissioner - Carl McKoy
20 ATTEST:
21
22
23 Janet Prainito, City Clerk
24
25
26 (Corporate Seal)
6
"Debb Coles-Doba 3120/07418 PM
! Deleted: S:\CA \Ordinances\Art in Public Places-
'..122206.doc
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
XII. - LEGAL - 2nd Reading
Non-Development
ITEM 8.2
Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned
Meeting Dates in to Citv Clerk's Office Meeting Dates in to City Clerk's Office
0 December 5, 2006 November 20,2006 (Noon.) 0 February 13, 2007 February 5, 2007 (Noon)
0 January 2,2007 December 18,2006 (Noon) 0 March 6, 2007 February 20, 2007 (Noon)
0 January 16,2007 January 2,2007 (Noon) 0 March 20, 2007 March 5, 2007 (Noon)
0 February 6, 2007 January 16,2007 (Noon) ~ April 3, 2007 March 19, 2007 (Noon)
NATURE OF
AGENDA ITEM
o
o
o
o
o
Announcements/Presentations
Administrative
Consent Agenda
Code Compliance & Legal Settlements
Public Hearing
o
o
~
o
o
City Manager's Report
New Business
C)
:~~~
Legal
Unfinished Business
c::->
~.....J
--,.,.
s:
::0
1'V
'-<C.::
") -Y')
--CJ
....:!o
.'.~~-~
...,.-~ .:::
-0
:3:
J)-j
o~
..,..., ---
"">,OJ
;=s rrr
,;,p
, 1("")
::z:
"-
-
..
1'V
-.I
RECOMMENDATION: Please place this request on the April 3, 2007 City Commission Agenda under Legal,
Ordinance-Second Reading. The City Commission on March 20, 2007, approved this request under Public Hearing and
Legal, Ordinance-First Reading, with the understanding that the applicability requirement related to project time extensions,
would be revisited and confirmed prior to second reading. For additional information, please see attached the draft ordinance.
EXPLANATION: Request to amend the Land Development Regulations to include a Workforce Housing Program for the
City. The program would create a supply of affordable workforce housing units within the City and implement
recommendations of the Boynton Beach Housing Needs Assessment Study. The program includes eligibility requirements,
incentives using development density, provisions to ensure continued program implementation, and flexibility for compliance
with emphasis on the contribution of on-site housing units. As part of the follow-up work to the workshop held on January
30th, staff is currently researching the topics of prefabricated housing, and non-conforming lots and the corresponding
regulations to assess the feasibility of other policy tools to increase supply of workforce housing. Any findings and additional
recommendations will be presented at the Commission hearing.
PROGRAM IMP ACT:
FISCAL IMP ACT:
ALTERNATIVES: I:;:
i,Al l~
Ci~ kf'fn'her's Signature
Assistant to City Manager ~
./L.(J-C ?-
Planning an~nmg Director City Attorney / Finance
S:\Planning\SHARED\WP\SPECPROJ\CODE REVIEw\CDRV 07-002 Workforce Housing and CDRV 07-003\Agenda Item Request Workforce Housing
Second Reading 4-3-07.doc
S:\BULLETIN\FORMS\AGENDA ITEM REQUESt FORM.DOC
1
2
3 Workforce Housing Program Option 2
4 Draft
5 February 22, 2007
6
7 The City of Boynton Beach recognizes that in order to sustain and grow its
8 economy, the City must have an inventory of various housing types and pricing
9 for workers. Additionally, the City and CRA have designated a CRAWLS and
10 TCEA which mandate the creation of workforce housing.
11
12 In July 2006, the FlU Metropolitan Center conducted a Housing Needs
13 Assessment for the City. The Assessment states that the City will need 10,800
14 workforce units by 2025 priced for families earning below 120% of AMI. The goal
15 of the proposed Program is to create and retain a supply of workforce housing
16 units within the City. The recent trend of rental to condominium conversions has
17 also added to the shortage of affordable rental units.
18
19 There are a number of arguments for local government involvement in
20 encouraging the production of affordable housing. First, the federal
21 government's financial commitment to the creation of affordable housing is
22 increasingly being reduced, putting the burden on state and local governments
23 which have limited resources.
24
25 A lack of decent workforce housing can be a barrier to a sustainable economy.
26 Housing costs have a major influence on a businesses decision to locate to a
27 certain area. Furthermore, young people can be discouraged from returning
28 home after college because of high housing costs thus reducing the number of
29 highly qualified workers in the area.
30
31 A lack of workforce housing also contributes to traffic congestion as workers
32 settle further outside of expensive areas. Lower capacity roads also limit a city's
33 ability to grow.
34
35 The creation of the Workforce Housing Program is being implemented in
36 accordance with the adopted Community Redevelopment Plans and the City of
37 Boynton Beach's Comprehensive Plan. The Workforce Housing Program would
38 permit amending land use to the higher density land use designations of Special
39 High Density Residential, Mixed-Use and Mixed-Use Core if Workforce Housing
40 Units are created or off-site options are performed.
41
42 In cases of hardship where all the required Workforce Housing Units cannot be
43 created entirely on site, the developer must comply with the offsite options for the
44 creation of the remaining Workforce Housing Units as described in the
45 Ordinance. All Workforce Housing Units are to be compatible in exterior design
46 and appearance, construction and contain comparable HV AC systems as the
47 proposed market units. All Workforce Housing Units are to remain as income
48 qualified units for a period of no less than 30 years and will be enforced through
49 recorded deed restrictions and liens.
50
S:\Planning\SHARED\WP\SPECPROJ\CODE REVIEw\CDRV 07-002 Workforce Housing and CDRV 07-003\Workforce Housing
Regulations CDRV 07-003\Workforce Housing Program Option 2.doc
51 Pursuant to LDR Section 9. C. 1, approval of an LDR amendment must be based
52 upon a finding that the amendment is consistent with and furthers the Goals,
53 Objectives, and Policies of the Comprehensive Plan. This amendment furthers
54 the following Comprehensive Plan Objective 6.3.
55
56 RECOMMENDED ACTION
57
58 By motion, approve the amendment to the Land Development Regulations to
59 create a new Article _ Workforce Housing Program, which could permit a land
60 use change to the higher density categories of Special High Density Residential,
61 Mixed-Use or Mixed-Use Core provided that Workforce Housing Units are
62 incorporated into the development or offsite , by adopting the findings of fact and
63 law contained in the staff report and finding that the request is consistent with the
64 Comprehensive Plan and meets criteria set forth in Section of the
65 Land Development Regulation, with second reading to occur on
66 , 200.
67
S:\Planning\SHARED\WP\SPECPROJ\CODE REVIEw\CDRV 07-002 Workforce Housing and CDRV 07-003\Workforce 2
Housing Regulations CDRV 07-003\Workforce Housing Program Option 2.doc
02/22/2007
68 ORDINANCE NO.
69
70 AN ORDINANCE OF THE CITY COMMISSION OF THE
71 CITY OF BOYNTON BEACH, FLORIDA, AMENDING THE
72 LAND DEVELOPMENT REGULATIONS OF THE CODE
73 OF ORDINANCES, TO CREATE A NEW ARTICLE ,
74 WORKFORCE HOUSING PROGRAM, PROVIDING FOR
75 REGULATIONS AND INCENTIVES TO BUILD
76 WORKFORCE HOUSING TO ENSURE THAT THE CITY
77 HAS SUFFICIENT WORKFORCE HOUSING; PROVIDING
78 FOR THE ABILITY TO AMEND A LAND USE
79 DESIGNATION TO SPECIAL HIGH DENSITY
80 RESIDENTIAL,MIXED-USED OR MIXED-USE CORE
81 PROVIDING THAT WORKFORCE HOUSING UNITS ARE
82 CREATED PURSUANT TO THE TERMS OF THIS
83 ORDINANCE; PROVIDING A SAVINGS CLAUSE, A
84 GENERAL REPEALER CLAUSE, AND AN EFFECTIVE
85 DATE.
86
87 WHEREAS, Workforce housing is needed by the citizens of Boynton
88 Beach; and
89
90 WHEREAS, The City Commission of the City of Boynton Beach, Florida,
91 adopts the findings in the Staff Report; and
92
93 WHEREAS, the City Commission of the City of Boynton Beach, Florida,
94 finds the ordinance is consistent with the Comprehensive Plan.
95
96 NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION
97 OF THE CITY OF BOYNTON BEACH, FLORIDA AS FOLLOWS;
98
99 Section 1. The recitations set forth above are incorporated herein.
100
101 Section 2. That Article , "Workforce Housing Program" of the
102 Land Development Regulations of the Code of Ordinances of the City of
103 Boynton Beach, Florida, be, and the same is hereby enacted to read as
104 follows:
105
106 FINDINGS
107
108 a. The City Commission having conducted a Housing Needs
109 Assessment (Attachment _) has determined that there is a housing
110 shortage within the City of Boynton Beach that is affordable to the
111 everyday working families and citizens of the City; and
112
113
S:\Planning\SHARED\WP\SPECPROJ\CODE REVIEw\CDRV 07-002 Workforce Housing and CDRV 07-003\Workforce 1
Housing Regulations CDRV 07-003\Workforce Housing Program Option 2.doc
02/22/2007
114
115
116
117
118
119
120
121
122
123
124
125
126
127
128
129
130
131
132
133
134
135
136
137
138
139
140
141
142
143
144
145
146
147
148
149
150
151
152
153
154
155
156
157
158
159
b. Florida Statutes 166.04151 provides that a municipality
may adopt and maintain any ordinance that is adopted for the purpose
of increasing the supply of workforce housing using land use
mechanisms not withstanding any other provision of law; and
c. The City Commission recognizes that there is a growing
gap between housing costs and wages in the City; and
d. The City of Boynton Beach has a legitimate public interest
in preserving the character and quality of neighborhoods which
requires assuring the availability of workforce housing for low and
moderate income persons in the City; and
e. The City recognizes that the need to provide workforce
housing is critical to maintaining a diversified and sustainable City
having the character and sense of community where people can live
and work in the same area; and
f. The City is encouraging the production and availability of
workforce housing and at the same time is cognizant that escalating
land costs and rapidly diminishing amounts of land hinder the provision
of sufficient workforce dwelling units by the private sector.
DEFINITIONS
a. Median Household Income (MHI) - The Palm Beach
County Median Household Income, adjusted for family size,
as published by the Department of Housing and Urban
Development (HUD).
b. Affordability Controls - Restrictions placed on Workforce
Housing Units by which the price of such units and/or the
income of the purchaser or lessee will be restricted in order
to ensure that the units remain affordable to low and
moderate income households.
c. Affordability Term - The time a workforce housing unit is
required to remain affordable to income qualified buyers or
renters.
d. Boynton Beach Housing Trust - A trust created as a
depository for in-lieu of payments, donated land, or housing
units for the purpose of providing Workforce Housing Units.
e. City - The City of Boynton Beach, Florida.
S:\Planning\SHARED\WP\SPECPROJ\CODE REVIEW\CDRV 07-002 Workforce Housing and CDRV 07-003\Workforce 2
Housing Regulations CDRV 07-003\Workforce Housing Program Option 2.doc
02/22/2007
160
161
162
163
164
165
166
167
168
169
170
171
172
173
174
175
176
177
178
179
180
181
182
183
184
185
186
187
188
189
190
191
192
193
194
195
196
197
198
199
200
201
202
203
204
205
f.
Deed Restriction - Each Workforce Housing Unit created
under the Program shall be deed restricted for thirty (30)
years. The Deed Restriction shall serve to restrict the sales
or rental price and/or the income of the purchaser or renter.
g.
Development - A development at one location which
includes at least ten (10) residential units for which site
plan approval has been granted
h.
Eligible Occupant - A person who qualifies for participation
in the program whose income does not exceed 120% of
Median Household Income for Palm Beach County as set
by HUD Priority will be given to persons who have lived or
worked within the City limits of Boynton Beach continually
for one year immediately prior to the date of application for
a Workforce Housing Unit.
I.
First Time Home Buyer - A person who has not held
ownership in a residence within the past three years.
j.
Income Qualified Household - A household whose income
is verified to be either Low Income or Moderate income.
k.
Low Income Household - A household with a gross,
combined income below 80% of the Palm Beach County
Annual Median Household Income as defined by HUD..
I.
Moderate Income Household - A household with a gross,
combined income between 80% and 120% of the Palm
Beach County Median Household Income (as defined by
the Florida Housing Finance Corporation).
m.
Restrictive Covenant and Agreement - The covenants that
govern the initial sale and rental and subsequent resale
and releasing of Workforce Housing Units created under
the Workforce Housing Program. The term of the
Restrictive Covenant and Agreement is thirty (30) years.
n.
Workforce Housing Unit - A dwelling to be sold or leased to
an individual or family that is Income Qualified in which the
rent or mortgage payments (including principal, interest,
taxes, insurance and homeowner association fees) does
not exceed 35% of the gross income of households that are
classified as low or moderate income households.
S:\Planning\SHARED\WP\SPECPROJ\CODE REVIEw\CDRV 07-002 Workforce Housing and CDRV 07-003\Workforce 3
Housing Regulations CDRV 07-003\Workforce Housing Program Option 2.doc
02/22/2007
206
207
208
209
210
211
212
213
214
215
216
217
218
219
220
221
222
223
224
225
226
227
228
229
230
231
232
233
234
235
236
237
238
239
240
241
242
243
244
245
246
247
248
249
250
APPLICABILITY
Except as otherwise provided in this ordinance, these regulations shall apply to
development applications consistent with the following conditions:
a. A new development, a ma'or modification of an ap
development, or
substantial rehabilitation of an existing building with a
residential component for which any Mixed Use land use
designation and a corresponding Mixed Use zoning
category is applied.
b. A new development, a major modification of an a
development,
substantial rehabilitation of an existing building with a
residential component for which any Mixed Use Core land
use designation and a corresponding Mixed Use zoning
category is applied.
c. A new development, a major modification of an a
development,
substantial rehabilitation of an existing building with a
residential component applying for a land use designation
of Special High Density Residential.
PROVISION OF WORKFORCE HOUSING UNITS
Developers may be entitled the requested higher density land use and zoning
category if providing Workforce Housing Units as stated below, subject to the
limits and requirements of this chapter.
a. To be eligible for the requested higher density land use, the
following percentage of Workforce Housing Units must be
incorporated into the Development:
i. Special High Density Residential - Twenty
percent (20%) of the total number of
proposed residential units in the Development
S:\Planning\sHARED\WP\sPECPROJ\CODE REVIEw\CDRV 07-002 Workforce Housing and CDRV 07-003\Workforce 4
Housing Regulations CDRV 07-003\Workforce Housing Program Option 2.doc
02/22/2007
251
252
253
254
255
256
257
258
259
260
261
262
263
264
265
266
267
268
269
270
271
272
273
274
275
276
277
278
279
280
281
282
283
284
285
286
287
288
289
290
291
292
293
294
295
shall be designated as Workforce
Housing Units.
ii. Mixed-Use - Fifteen percent (15%) of the
total number of proposed residential units in
the Development shall be designated as
Workforce Housing Units.
iii. Mixed Use Core - Ten percent (10%) of the
total number of proposed residential units in
the Development shall be designated as
Workforce Housing Units.
c.
Twenty-five percent (25%) of the total required Workforce
Housing Units shall be set aside for Low Income
households. Seventy-five percent (75%) of the total
required Workforce Housing Units shall be set aside for
Moderate Income households.
d.
If the required number of Workforce Housing Units results
in a fractional remainder greater than .50, the number shall
be rounded up. If the required number of Workforce
Housing Units results in a fractional number less than .50,
the number shall be rounded down.
e.
Workforce Housing Units shall have the same percentage
of unit types as market rate units within the development
particularly with regards to the number of bedrooms.
f.
All units shall meet the requirements for unit size and
construction as specified in this chapter and meet all
required Land Development Regulations and applicable
building codes.
g.
At the time of application for Land Use classification
amendment and rezoning category change the project
must be reviewed and signed off by the Community
Improvement Division of the City as part of the site plan
approval process for compliance with affordability
guidelines and number of units qualifying as Workforce.
h.
The site plan shall clearly identify the location of Workforce
Housing Units. Additionally, tabular data must be included
on the site plan showing the address or unit number, total
number of units, number of bedrooms of Workforce
S:\Planning\SHARED\WP\SPECPROJ\CODE REVlEw\CDRV 07-002 Workforce Housing and CDRV 07-003\Workforce 5
Housing Regulations CDRV 07-003\Workforce Housing Program Option 2.doc
02/22/2007
296
297
298
299
300
301
302
303
304
305
306
307
308
309
310
311
312
313
314
315
316
317
318
319
320
321
322
323
324
325
326
327
328
329
330
331
332
333
334
335
336
337
338
339
340
341
Housing Units and the targeted income levels. This shall
be included with the market rate data.
I. Workforce Housing Units shall include those units in a
Development, which are regulated in terms of:
I. Initial sales price or rent levels; and
ii. Subsequent resale prices or leasing rates.
J. If compliance with a land development standard would
preclude construction of a residential or mixed-use
development in which Workforce Housing Units are
included, pursuant to this Chapter, the applicant may
submit a proposal for waiver or reduction of the
development standard. The applicant shall show that the
waiver or reduction of the development standard is
necessary to make the Workforce Housing Units
economically feasible and that such a waiver will not
compromise any of the City's life or safety standards.
k. Prior to the issuance of any building permit, the Restrictive
Covenant and Agreement shall be recorded in the public
records of Palm Beach County. The term of the Restrictive
Covenant shall be thirty (30) years. A copy of the recorded
Covenant and Agreement shall be provided to the City prior
to the issuance of the building permit.
OFF-SITE OPTIONS
Developers are required to include Workforce Housing Units in any
Development in which Special High Density Residential, Mixed-Use or Mixed-
Use Core land use is requested. However, in the case of developments in
which 80% of the residential unit sales prices will exceed $500,000, paying a
fee in lieu of creating the Workforce Housing Units on site donating land,
purchasing and donating market rate units or building off site for the required
number of Workforce Housing Units may be permitted at the recommendation
of the Community Improvement Department.
S:\Planning\SHARED\WP\SPECPROJ\CODE REVIEw\CDRV 07-002 Workforce Housing and CDRV 07-003\Workforce 6
Housing Regulations CDRV 07-003\Workforce Housing Program Option 2.doc
02/22/2007
342
343
344
345
346
347
348
349
I.
Payment in-lieu Contribute the per unit price listed in Table
1 below to the Boynton Beach Housing Trust to be utilized
to subsidize the creation of Workforce Housing within the
City In-lieu of fees shall be paid in full prior to the issuance
of a building permit.
TABLE 1
PAYMENT IN LIEU FOR CREATING
REQUIREDWORKFORCE HOUSING UNITS
(per unit required)
One Bedroom
Two Bedroom
Three+ Bedroom
$80,000
$100,000
$120,000
350
351
352 II. Donate land (buildable residential parcels) within the City limits to
353 be used for Workforce Housing. The value of the land shall equal
354 or exceed the total "in lieu of' fee for all required workforce units or
355 shall be of sufficient size to develop the same number of required
356 units. The value of the donated land must be verified by a MAl
357 appraisal no more than three months old. The appraisal shall be
358 obtained by developer at developer's cost to verify the value of
359 donated land. The land shall be deeded to the City prior to the
360 issuance of a final Certificate of Occupancy for the Development.
361
362 III. Off-site Construction - The required Workforce Housing Units may
363 be built off-site. All off-site Workforce Housing Units shall comply
364 with all sections of this Ordinance. Building permits shall be issued
365 for a minimum of 50-percent of the required Workforce Housing
366 Units to be constructed off-site prior to the issuance of the first
367 Certificate of Occupancy in the subject development. All off-site
368 Workforce Housing Units must receive a Certificate of Occupancy
369 prior to the issuance of more than 75-percent of the Certificate of
370 Occupancies in the subject development.
371
372 IV. Purchase Market Rate Units -Purchase an equivalent number of
373 existing market rate units to be deeded to the City or sold to eligible
374 households. Such units shall be deed restricted to comply with the
375 Workforce Housing Ordinance. The developer may retain the title
376 to off site units subject to recordation of a City approved deed
377 restriction. A minimum of 50-percent of the units must be purchased
378 and deeded to the City or deed restricted prior to the issuance of
379 the first Certificate of Occupancy in the subject Development. All
380 Workforce housing Units shall be purchased and deeded to the City
S:\Planning\SHARED\WP\SPECPROJ\CODE REVIEw\CDRV 07-002 Workforce Housing and CDRV 07-003\Workforce 7
Housing Regulations CDRV 07-003\Workforce Housing Program Option 2.doc
02/22/2007
381
382
383
384
385
386
387
388
389
390
391
392
393
394
395
396
397
398
399
400
401
402
403
404
405
406
407
408
409
410
411
412
413
414
415
416
417
418
419
420
421
422
423
424
or deed restricted prior to issuance of more than 75-percent of the
Certificate of Occupancies in the subject Development.
RENTAL HOUSING UNITS
a. A Restrictive Covenant shall be recorded in the public
records specifying the income level served, rent levels,
reporting requirement and all restrictions applicable to the
Workforce Housing Units. All leases on Workforce Housing
Units shall contain language incorporating the Restrictive
Covenant applicable to the Workforce Housing Units and
shall reference the recorded Restrictive Covenant. The
Restrictive Covenant shall remain in force for thirty (30)
years.
b. Units targeted to low income households at 50% to the
80% of the Palm Beach County median income, adjusted
for family size shall not have rental rates that exceed 100%
of the HUD determined fair market rent for the area.
c. Units targeted to moderate income households at 80% to
the 120% of the Palm Beach County median income,
adjusted for family size, shall not exceed 100% of the HUD
determined fair market rent for the area.
d. Tenant income qualification records shall be maintained on
site and a yearly report shall be forwarded to the
Community Improvement Division of the City of Boynton
Beach for compliance determination.
FOR SALE HOUSING UNITS
a. All deeds shall include the Restrictive Covenant applicable
to Workforce Housing Units. All sales contracts shall state
that the unit is part of a Workforce Housing Program and
subject to Section of the Land Development
Regulations of the City. The Restrictive Covenant shall
remain in force for thirty (30) years. The form of deed for
Workforce Housing Units shall be approved by the City
attorney.
S:\PJanning\SHARED\WP\SPECPROJ\CODE REVIEw\CDRV 07-002 Workforce Housing and CDRV 07-003\Workforce 8
Housing Regulations CDRV 07-003\Workforce Housing Program Option 2.doc
02/22/2007
425
426
427
428
429
430
431
432
433
434
435
436
437
438
439
440
441
442
443
444
445
446
447
448
449
450
451
452
453
454
455
456
457
458
459
460
461
462
463
464
465
466
467
468
469
470
b.
The Restrictive Covenants shall state that during the
affordability term, the resale of a Workforce Housing Unit
shall be subject to the following resale requirements.
I. All Workforce Housing Unit owners shall notify the
City of Boynton Beach immediately that the unit is
for sale. The City shall have first right of refusal to
purchase the unit. Upon receipt of notice that a valid
offer has been made on the unit, the City shall have
fifteen (15) days to invoke its right of refusal to
purchase the unit(s).
ii All Workforce Housing Units are to be resold
only to Low or Moderate income qualified households
at an attainable housing cost for each targeted
income range.
c.
Purchasers of Workforce Housing Units shall be required to
occupy the unit.
d.
Closing costs and title insurance shall be paid pursuant to
the custom and practice in Palm Beach County at the time
of opening of escrow. No charges or fees shall be imposed
by the seller on the purchaser of a Workforce Housing Unit
which is in addition to or more than charges imposed upon
purchasers of market rate units, except for administrative
fees charged by the City/CRA, or their designee.
e.
Sales prices for Workforce Housing Units will be calculated
on the basis of:
I. An available fixed-rate thirty-year mortgage, consistent
with a "blended rate" for Palm Beach County banks,
and/or the Florida Housing Finance Authority. A lower
rate may be used in calculating workforce housing
prices if the developer can guarantee the availability of
fixed-rate thirty-year mortgage at this lower rate for all
Workforce Housing Units required for the covered
project; and
ii. A down payment of no more than 10% (including any
down payment assistance provided by SHIP or other
sources) of the purchase price; and
III. A calculation of property taxes; and
S:\Planning\SHARED\WP\SPECPROJ\CODE REVIEw\CDRV 07-002 Workforce Housing and CDRV 07-003\Workforce 9
Housing Regulations CDRV 07-003\Workforce Housing Program Option 2.doc
02/22/2007
471
472
473
474
475
476
477
478
479
480
481
482
483
484
485
486
487
488
489
490
491
492
493
494
495
496
497
498
499
500
501
502
503
504
505
506
507
508
509
510
511
512
513
514
515
iv. A calculation of homeowner insurance, mortgage
insurance, homeowner association fees, property
management fees and other closing costs.
f. Compliance - Prior to request for final Certificate of
Occupancy for the development, the developer shall
provide to the City's Community Improvement Department,
or designee, documentation sufficient to demonstrate
compliance with the Workforce Housing Program. Such
documentation shall include but is not limited to information
regarding the identity and income qualification
documentation for all occupants of the Workforce Housing
Units, proof of recordation of Restrictive Covenant in
approved form.
RESALE REQUIREMENTS
To maintain the availability of Workforce Housing Units which may be
constructed or substantially rehabilitated pursuant to the requirements of this
program, the following resale conditions shall be imposed on the Workforce
Housing Units and included in the deed and restrictive covenant recorded in the
Public Records of Palm Beach County:
a. All Workforce Housing Units constructed or substantially
rehabilitated under this program shall be situated within the
Development so as not to be in less desirable locations
than market-rate units in the Development and shall, on
average, be no less accessible to public amenities, such as
open space, as the market-rate units.
b. Workforce Housing Units within a Development shall be
integrated with the rest of the Development and shall be
compatible in exterior design and appearance,
construction, and contain comparable HV AC systems as
market rate units.
c. The developer shall provide Workforce Housing Units that
include unit types in the same proportion as the market rate
housing units.
i. If the Development contains a mix of different types
of units, (e.g. condominium, townhouse, detached,
etc.), the proportion of Workforce Housing Units of
each type to total Workforce Housing Units must be
S:\Planning\SHARED\WP\SPECPROJ\CODE REVIEw\CDRV 07-002 Workforce Housing and CDRV 07-003\Workforce 10
Housing Regulations CDRV 07-003\Workforce Housing Program Option 2.doc
02/22/2007
516
517
518
519
520
521
522
523
524
525
526
527
528
529
530
531
532
533
534
535
536
537
538
539
540
541
542
543
544
545
546
547
548
549
550
551
552
553
554
555
556
557
558
559
560
561
approximately the same as the proportion of market
rate units of each type to total market rate units.
II. If the Development includes both for sale and for
rent units, the proportion of for rent Workforce
Housing Units to for sale Workforce Housing Units
must not exceed the proportion of for rent market
rate units to for sale market rate units.
iii. The number of bedrooms per unit must be
proportionate between Workforce and market rate
units.
d. The construction schedule for Workforce Housing Units
shall be consistent with or precede the construction of
market rate units.
e. There shall be no lot premiums charged on the Workforce
Housing Units.
f. All required Workforce Housing Units shall be offered for
sale or rent at an attainable housing cost for each of the
targeted income ranges.
f. The City of Boynton Beach, its successors and assigns
may enforce the covenants. No amendments to the
Restrictive Covenant shall be made unless by written
instrument approved by the City.
MONITORING AND COMPLIANCE
a. Final Approval Conditions: Final conditions of approval
shall specify that the Workforce Housing Units are sold to
buyers whose income does not exceed 120% of median
household income for Palm Beach County as set by HUD.
The conditions will also specify the requirements for
reporting to the City's Community Improvement Division on
buyer eligibility, housing prices, as well as any applicable
requirement to record the Restrictive Covenant or to
enforce resale restrictions.
b. At the time of request for final Certificate of Occupancy for
the Development, if the Workforce Housing Units have not
been sold to income qualified persons, the developer shall
deposit in the form of a surety bond, the amount equal to
110% of the applicable "in lieu" of fee to the City's Housing
S:\Planning\SHARED\WP\SPECPROJ\CODE REVIEw\CDRV 07-002 Workforce Housing and CDRV 07-003\Workforce 11
Housing Regulations CDRV 07-003\Workforce Housing Program Option 2.doc
02/22/2007
562
563
564
565
566
567
568
569
570
571
572
573
574
575
576
577
578
Trust Fund. Upon verification that the required number of
Workforce Housing Units have been sold to income
qualified persons, the surety will be released.
c.
The City may enforce the requirements of the Workforce
Housing Ordinance through any cause of action available
at law or equity, including but not limited to seeking specific
performance, injunctive relief, rescission of any
unauthorized sale or lease, during the term of the
Restrictive Covenant.
d.
The Community Improvement Department shall submit an
annual report to the City Commissioners indicating the
status of the Workforce Housing Ordinance, including but
not limited to the number of units created, leased and sold.
S:\Planning\SHARED\WP\SPECPROJ\CODE REVIEw\CDRV 07-002 Workforce Housing and CDRV 07-003\Workforce 12
Housing Regulations CDRV 07-003\Workforce Housing Program Option 2.doc
02/22/2007
30
31
32
1 ORDINANCE NO. C 7 ~oc 7
2
3 AN ORDINANCE OF THE CITY COMMISSION OF THE
4 CITY OF BOYNTON BEACH, FLORIDA, AMENDING THE
5 LAND DEVELOPMENT REGULATIONS OF THE CODE OF
6 ORDINANCES, TO CREATE A NEW ARTICLE X OF
7 CHAPTER 20, WORKFORCE HOUSING PROGRAM,
8 PROVIDING FOR REGULATIONS AND INCENTIVES TO
9 BUILD WORKFORCE HOUSING TO ENSURE THAT THE
10 CITY HAS SUFFICIENT WORKFORCE HOUSING;
11 PROVIDING FOR THE ABILITY TO AMEND A LAND USE
12 DESIGNATION TO SPECIAL HIGH DENSITY
13 RESIDENTIAL,MIXED-USED OR MIXED-USE CORE
14 PROVIDING THAT WORKFORCE HOUSING UNITS ARE
15 CREATED PURSUANT TO THE TERMS OF THIS
16 ORDINANCE; PROVIDING A SAVINGS CLAUSE, A
17 GENERAL REPEALER CLAUSE, AND AN EFFECTIVE
18 DATE.
19
20 WHEREAS, Workforce housing is needed by the citizens of Boynton Beach; and
21
22 WHEREAS, The City Commission of the City of Boynton Beach, Florida, adopts
23 e findings in the Staff Report; and
24
25 WHEREAS, the City Commission of the City of Boynton Beach, Florida, finds the
26 rdinance is consistent with the Comprehensive Plan.
27
28 NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
29 HE CITY OF BOYNTON BEACH, FLORIDA AS FOLLOWS:
Section 1.
The recitations set forth above are incorporated herein.
Section 2.
That Article X of Chapter 20, "Workforce Housing Program" of the
33 Land Development Regulations of the Code of Ordinances of the City of Boynton Beach,
34 Florida, be, and the same is hereby enacted to read as follows:
35
36 Sec. 1.
37
38
39
40
41
FINDINGS
a. The City Commission having conducted a Housing Needs
Assessment (Attachment A) has determined that there is a housing
shortage within the City of Boynton Beach that is affordable to the
everyday working families and citizens of the City; and
S:\CA \Ordinances\Workforce Housing Program Option 2 (32807)(OG).docS:\C\'Ordinsnces' l,l'orHorce 1lollSil1;; Program OptiOfl 1
2.+10<)
03/29/200703 '0<) '200'"
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
Sec. 2.
b. Florida Statutes 166.04151 provides that a municipality may adopt
and maintain any ordinance that is adopted for the purpose of
increasing the supply of workforce housing using land use
mechanisms not withstanding any other provision of law; and
c. The City Commission recognizes that there is a growing gap between
housing costs and wages in the City; and
d. The City of Boynton Beach has a legitimate public interest in
preserving the character and quality of neighborhoods which requires
assuring the availability of workforce housing for low and moderate
income persons in the City; and
e. The City recognizes that the need to provide workforce housing is
critical to maintaining a diversified and sustainable City having the
character and sense of community where people can live and work in
the same area; and
f. The City is encouraging the production and availability of workforce
housing and at the same time is cognizant that escalating land costs
and rapidly diminishing amounts of land hinder the provision of
sufficient workforce dwelling units by the private sector.
DEFINITIONS
a. Median Household Income (MHI) ~ The Palm Beach County Median
Household Income, adjusted for family size, as published by the
Department of Housing and Urban Development (HUD).
b. Affordability Controls - Restrictions placed on Workforce Housing
Units by which the price of such units and/or the income of the
purchaser or lessee will be restricted in order to ensure that the units
remain affordable to low and moderate income households.
c. Affordability Term - The time a workforce housing unit is required to
remain affordable to income qualified buyers or renters.
d. Boynton Beach Housing Trust - A trust created as a depository for in-
lieu of payments, donated land, or housing units for the purpose of
providing Workforce Housing Units.
e. City - The City of Boynton Beach, Florida.
S:\CA\Ordinances\Workforcc Housing Program Option 2 (032807)(OG).docS:(.\Ordinance,'Worl;iBR~ollsin~ Pro!;l'am 01*..H\ 2
2+1<'0
03/2 9/200 7~,1"n'*';wo+
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
n.
f.
Deed Restriction - Each Workforce Housing Unit created under the
Program shall be deed restricted for thirty (30) years. The Deed
Restriction shall serve to restrict the sales or rental price and/or the
income of the purchaser or renter.
g.
Development - A development at one location which includes at least
ten (10) residential units for which site plan approval has been granted
h.
Eligible Occupant - A person who qualifies for participation in the
program whose income does not exceed 120% of Median Household
Income for Palm Beach County as set by HUD Priority will be given
to persons who have lived or worked within the City limits of
Boynton Beach continually for one year immediately prior to the date
of application for a Workforce Housing Unit.
1.
First Time Home Buyer - A person who has not held ownership in a
residence within the past three years.
J.
Income Qualified Household - A household whose income is verified
to be either Low Income or Moderate income.
k.
Low Income Household - A household with a gross, combined
income below 80% of the Palm Beach County Annual Median
Household Income as defined by HUD..
1.
Moderate Income Household - A household with a gross, combined
income between 80% and 120% of the Palm Beach County Median
Household Income (as defined by the Florida Housing Finance
Corporation).
m.
Restrictive Covenant and Agreement - The covenants that govern the
initial sale and rental and subsequent resale and releasing of
Workforce Housing Units created under the Workforce Housing
Program. The term of the Restrictive Covenant and Agreement is
thirty (30) years.
Workforce Housing Unit - A dwelling to be sold or leased to an
individual or family that is Income Qualified in which the rent or
mortgage payments (including principal, interest, taxes, insurance and
homeowner association fees) does not exceed 35% of the gross
income of households that are classified as low or moderate income
households.
S:\CA\Ordinances\Workforce Housing Program OPtion 2 (032807)(OG).docS:'C\'Orclinanees''Nortforce HOllsin;; Program Option 3
2-,dHC
03/29/200703'09 '200:
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
Sec. 3.
APPLICABILITY
Except as otherwise provided in this ordinance, these regulations shall apply to development
applications consistent with the following conditions:
a. A H:eW-development that has not been the subiect of a prevIOus
development order,
b. ,aA major modification of an approved development site plan,
a requestfora8ite PI an Tille . Extension or
c. substantial rehabilitation of un oxisting buildingDevelopments with
a residential component for which any Mixed Use land use
designation and a corresponding Mixed Use zoning category is
applied.
b. "A, new development, a major modification of an approved
devolopment, arequest for a Site Plan Time Extension or substantial
rehabilitation of an existing bailding with a residential component for
\vhich any Mixed Use Core land use designation and a corresponding
Mixed Use ~"oning category is applied.
c. ,\, new development, a major modification of an approved
development, a requ.estforaSitePlan Time Extonsion or substantial
rehabili~ation of an existing building with a residen~ial component
applying for a land use designation of Special High Density
Residen~ial.
ag. Developments that have previously approved for a change in
land use to either Mix -Use, Mixed-Use Core pecial High
Density Residential and whose site plan has expi and/or are
requesting a site plan time extension.
Sec. 4.
PROVISION OF WORKFORCE HOUSING UNITS
Developers may be entitled the requested higher density land use and zoning category if
providing Workforce Housing Units as stated below, subject to the limits and requirements
of this chapter.
a. To be eligible for the requested higher density land use, the following
percentage of Workforce Housing Units must be incorporated into the
Development:
1. Special High Density Residential - Twenty percent (20%) of
the total number of proposed residential units in the
S:\CA\Ordinances\Workforcc Housing Program Option 2 (0328071(OG).docS:C,\'Ordillal1Ces\\'orl,forcL~~lWf\ 4
-2.:{h-K
03/29/2007Y,4W-2w7
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
Development shall be designated as Workforce Housing Units.
11. Mixed-Use- Fifteen percent (15%) of the total number of
proposed residential units in the Development shall be
designated as Workforce Housing Units.
111. Mixed Use Core - Ten percent (10%) of the total number of
proposed residential units in the Development shall be
designated as Workforce Housing Units.
c.
Twenty-five percent (25%) of the total required Workforce Housing
Units shall be set aside for Low Income households. Seventy-five
percent (75%) of the total required Workforce Housing Units shall be
set aside for Moderate Income households.
d.
If the required number of Workforce Housing Units results in a
fractional remainder greater than .50, the number shall be rounded up.
If the required number of Workforce Housing Units results in a
fractional number less than .50, the number shall be rounded down.
e.
Workforce Housing Units shall have the same percentage of unit
types as market rate units within the development particularly with
regards to the number of bedrooms.
f.
All units shall meet the requirements for unit size and construction as
specified in this chapter and meet all required Land Development
Regulations and applicable building codes.
g.
At the time of application for Land Use classification amendment and
rezoning category change the project must be reviewed and signed off
by the Community Improvement Division of the City as part of the
site plan approval process for compliance with affordability
guidelines and number of units qualifying as Workforce.
h.
The site plan shall clearly identify the location of Workforce Housing
Units. Additionally, tabular data must be included on the site plan
showing the address or unit number, total number of units, number of
bedrooms of Workforce Housing Units and the targeted income
levels. This shall be included with the market rate data.
1.
Workforce Housing Units shall include those units in a Development,
which are regulated in terms of:
1. Initial sales price or rent levels; and
11. Subsequent resale prices or leasing rates.
S:\CA \Ordinances\Workforce Housing Program OPtion 2 (032807)(OG).docS:'.c.\iOrdinanees' \\'orl~foree HOl1sin:; Program Option 5
2Aot'
03/29/200703 '09'200-:'
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
J. If compliance with a land development standard would preclude
construction of a residential or mixed-use development in which
Workforce Housing Units are included, pursuant to this Chapter, the
applicant may submit a proposal for waiver or reduction of the
development standard. The applicant shall show that the waiver or
reduction of the development standard is necessary to make the
Workforce Housing Units economically feasible and that such a
waiver will not compromise any of the City's life or safety standards.
k. Prior to the issuance of any building permit, the Restrictive Covenant
and Agreement shall be recorded in the public records of Palm Beach
County. The term of the Restrictive Covenant shall be thirty (30)
years. A copy of the recorded Covenant and Agreement shall be
provided to the City prior to the issuance of the building permit.
Sec. 5.
OFF-SITE OPTIONS
Developers are required to include Workforce Housing Units in any Development in which
Special High Density Residential, Mixed-Use or Mixed-Use Core land use is requested.
However, in the case of developments in which 80% of the residential unit sales prices will
exceed $500,000, paying a fee in lieu of creating the Workforce Housing Units on site
donating land, purchasing and donating market rate units or building off site for the required
number of Workforce Housing Units may be permitted at the recommendation of the
Community Improvement Department.
In any case where Off-Site Options are permitted, twenty-five percent (25%) of the total
required Workforce Housing Units shall be built on-site ofthe subject Development.
Off-site Options are not applicable to rental
Housing Units must be constructed within the sub
elopments. All required Workforce
t Development.
1. Payment in-lieu Contribute the per unit price listed in Table 1
below to the Boynton Beach Housing Trust to be utilized to
subsidize the creation of Workforce Housing within the City
In-lieu of fees shall be paid in full prior to the issuance of a
building permit.
TABLE 1
PAYMENT IN LIEU FOR CREATING
REQUIREDWORKFORCE HOUSING UNITS
(per unit required)
$80,000
$100,000
$120,000
One Bedroom
Two Bedroom
Three+ Bedroom
S:\CA\OrdinancesIWorkforce Housing Program Option 2 (032807)(OG).doc~~illances'\l'orkforce HOllsin;c Progrmn-OfHtffil 6
2.;{l-H0-
03/29/2007\B4}l).'.2~)\+:;
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39 Sec. 6.
40
41
42
43
44
45
11. Donate land (buildable residential parcels) within the City limits
to be used for Workforce Housing. The value of the land shall
equal or exceed the total "in lieu of' fee for all required
workforce units or shall be of sufficient size to develop the
same number of required units. The value of the donated land
must be verified by a MAl appraisal no more than three months
old. The appraisal shall be obtained by developer at developer's
cost to verify the value of donated land. The land shall be
deeded to the City prior to the issuance of a final Certificate of
Occupancy for the Development.
111. Off-site Construction - The required Workforce Housing Units
may be built off-site. All off-site Workforce Housing Units
shall comply with all sections of this Ordinance. Building
permits shall be issued for a minimum of 50-percent of the
required Workforce Housing Units to be constructed off-site
prior to the issuance of the first Certificate of Occupancy in the
subject development. All off-site Workforce Housing Units
must receive a Certificate of Occupancy prior to the issuance of
more than 75-percent of the Certificate of Occupancies in the
subject development.
IV. Purchase Market Rate Units -Purchase an equivalent number of
existing market rate units to be deeded to the City or sold to
eligible households. Such units shall be deed restricted to
comply with the Workforce Housing Ordinance. The developer
may retain the title to off site units subject to recordation of a
City approved deed restriction. A minimum of 50-percent of the
units must be purchased and deeded to the City or deed
restricted prior to the issuance of the first Certificate of
Occupancy in the subject Development. All Workforce housing
Units shall be purchased and deeded to the City or deed
restricted prior to issuance of more than 75-percent of the
Certificate of Occupancies in the subject Development.
RENT AL HOUSING UNITS
a. A Restrictive Covenant shall be recorded in the public records
specifying the income level served, rent levels, reporting requirement
and all restrictions applicable to the Workforce Housing Units. All
leases on Workforce Housing Units shall contain language
incorporating the Restrictive Covenant applicable to the Workforce
S:\CA\Ordinances\Workforce Housing Program Option 2 (032807)(OG).docS:'.C\'Ordinanees'\'.'orkf"rce HOllsing Program Option 7
2~J.HC
03/29/200703'092001
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
Sec. 7.
Housing Units and shall reference the recorded Restrictive Covenant.
The Restrictive Covenant shall remain in force for thirty (30) years.
b. Units targeted to low income households at 50% to the 80% of the
Palm Beach County median income, adjusted for family size shall not
have rental rates that exceed 100% of the HUD determined fair
market rent for the area.
c. Units targeted to moderate income households at 80% to the 120% of
the Palm Beach County median income, adjusted for family size, shall
not exceed 100% of the HUD determined fair market rent for the area.
d. Tenant income qualification records shall be maintained on site and a
yearly report shall be forwarded to the Community Improvement
Division of the City of Boynton Beach for compliance determination.
FOR SALE HOUSING UNITS
a. All deeds shall include the Restrictive Covenant applicable to
Workforce Housing Units. All sales contracts shall state that the unit
is part of a Workforce Housing Program and subject to Article X,
Chapter 20 of the Land Development Regulations of the City. The
Restrictive Covenant shall remain in force for thirty (30) years. The
fonn of deed for Workforce Housing Units shall be approved by the
City attorney.
b. The Restrictive Covenants shall state that during the affordability
term, the resale of a Workforce Housing Unit shall be subject to the
following resale requirements.
1. All Workforce Housing Unit owners shall notify the City of
Boynton Beach immediately that the unit is for sale. The City
shall have first right of refusal to purchase the unit. Upon
receipt of notice that a valid offer has been made on the unit, the
City shall have fifteen (15) days to invoke its right of refusal to
purchase the unit(s).
11 All Workforce Housing Units are to be resold only to Low or
Moderate income qualified households at an attainable housing
cost for each targeted income range.
c. Purchasers of Workforce Housing Units shall be required to
occupy the unit.
S:\CA \Ordinances\Workforce Housing Program O])tiol1 2 (032807)(OG).docS:'.c\'OrdmGnces' V'orUorce HOllSil1[: Pro!,Tum--Gj}ltHll 8
2fb"
03/29!2007(+14}4~.p
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
d. Closing costs and title insurance shall be paid pursuant to the custom
and practice in Palm Beach County at the time of opening of escrow.
No charges or fees shall be imposed by the seller on the purchaser of
a Workforce Housing Unit which is in addition to or more than
charges imposed upon purchasers of market rate units, except for
administrative fees charged by the City/CRA, or their designee.
e. Sales prices for Workforce Housing Units will be calculated on the
basis of:
1. An available fixed-rate thirty-year mortgage, consistent with a
"blended rate" for Palm Beach County banks, and/or the Florida
Housing Finance Authority. A lower rate may be used in
calculating workforce housing prices if the developer can
guarantee the availability of fixed-rate thirty-year mortgage at
this lower rate for all Workforce Housing Units required for the
covered proj ect; and
H. A down payment of no more than 10% (including any down
payment assistance provided by SHIP or other sources) of the
purchase price; and
HI. A calculation of property taxes; and
IV. A calculation of homeowner insurance, mortgage insurance,
homeowner association fees, property management fees and
other closing costs.
f. Compliance - Prior to request for final Certificate of Occupancy for
the development, the developer shall provide to the City's
Community Improvement Department, or designee, documentation
sufficient to demonstrate compliance with the Workforce Housing
Program. Such documentation shall include but is not limited to
information regarding the identity and income qualification
documentation for all occupants of the Workforce Housing Units,
proof of recordation of Restrictive Covenant in approved form.
Sec. 8.
RESALE REQUIREMENTS
To maintain the availability of Workforce Housing Units which may be constructed or
substantially rehabilitated pursuant to the requirements of this program, the following resale
conditions shall be imposed on the Workforce Housing Units and included in the deed and
restrictive covenant recorded in the Public Records of Palm Beach County:
a. All Workforce Housing Units constructed or substantially
rehabilitated under this program shall be situated within the
S:\CA\Ordinances\Workforce Housing Program OPtion 2 (032807)(OG).docS:CNOrdinances'\\'orl;foree Housing I'ro!;mm Olllion 9
2.,dfK
03/29/200703 '09 200-:'
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
Development so as not to be in less desirable locations than market-
rate units in the Development and shall, on average, be no less
accessible to public amenities, such as open space, as the market-rate
units.
b. Workforce Housing Units within a Development shall be integrated
with the rest of the Development and shall be compatible in exterior
design and appearance, construction, and contain comparable HV AC
systems as market rate units.
c. The developer shall provide Workforce Housing Units that include
unit types in the same proportion as the market rate housing units.
1. If the Development contains a mix of different types of units,
(e.g. condominium, townhouse, detached, etc.), the proportion
of Workforce Housing Units of each type to total Workforce
Housing Units must be approximately the same as the
proportion of market rate units of each type to total market
rate units.
11. If the Development includes both for sale and for rent units,
the proportion of for rent Workforce Housing Units to for sale
Workforce Housing Units must not exceed the proportion of
for rent market rate units to for sale market rate units.
111. The number of bedrooms per unit must be proportionate
between Workforce and market rate units.
d. The construction schedule for Workforce Housing Units shall be
consistent with or precede the construction of market rate units.
e. There shall be no lot premiums charged on the Workforce Housing
Units.
f. All required Workforce Housing Units shall be offered for sale or rent
at an attainable housing cost for each of the targeted income ranges.
f. The City of Boynton Beach, its successors and assigns may enforce
the covenants. No amendments to the Restrictive Covenant shall be
made unless by written instrument approved by the City.
Sec. 9.
MONITORING AND COMPLIANCE
a. Final Approval Conditions: Final conditions of approval shall specify
that the Workforce Housing Units are sold to buyers whose income
does not exceed 120% of median household income for Palm Beach
S:ICAIOrdinancesIWorkf()rce Housing Program Ol1tion 2 (()32807)(OG).docSc.,GA~J.itlliH€e:; WorLforce-14BH5ffi~BgflHH-.qf'fiHf\ 10
2,f];>e
03/29/20074,VI'+C2NF
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
Section 3.
County as set by HUD. The conditions will also specify the
requirements for reporting to the City's Community Improvement
Division on buyer eligibility, housing prices, as well as any applicable
requirement to record the Restrictive Covenant or to enforce resale
restrictions.
b.
At the time of request for final Certificate of Occupancy for the
Development, if the Workforce Housing Units have not been sold to
income qualified persons, the developer shall deposit in the form of a
surety bond, the amount equal to 110% of the applicable "in lieu" of
fee to the City's Housing Trust Fund. Upon verification that the
required number of Workforce Housing Units have been sold to
income qualified persons, the surety will be released.
c.
The City may enforce the requirements of the Workforce Housing
Ordinance through any cause of action available at law or equity,
including but not limited to seeking specific performance, injunctive
relief, rescission of any unauthorized sale or lease, during the term of
the Restrictive Covenant.
d.
The Community Improvement Department shall submit an annual
report to the City Commissioners indicating the status of the
Workforce Housing Ordinance, including but not limited to the
number of units created, leased and sold.
Each and every other provision of the Code of Ordinances not herein
27 specifically amended, shall remain in full force and effect as originally adopted.
28
Section 4.
All laws and ordinances applying to the City of Boynton Beach in
29 conflict with any provisions of this ordinance are hereby repealed.
30
Section 5.
Should any section or provision of this Ordinance or any portion
31 thereof be declared by a court of competent jurisdiction to be invalid, such decision shall not
32 affect the remainder of this Ordinance.
33
34
Section 6.
Section 7.
Authority is hereby given to codify this Ordinance.
This Ordinance shall become effective immediately.
S:\CA\Ordinances\Workforce Housing Program Ootion 2 (032807)(OG).docS:'C\'Ordinances'Werkforee Housing Program Option 11
;J.,4x.
03/29/200703/0')/2007
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
ATTEST:
FIRST READING this _ day of
,2007.
SECOND, FINAL READING AND PASSAGE this _ day of
,2007.
CITY OF BOYNTON BEACH, FLORIDA
Mayor - Jerry Taylor
Vice Mayor - Jose Rodriguez
Commissioner - Ronald Weiland
Commissioner - Mack McCray
Commissioner - Carl McKoy
Janet Prainito, City Clerk
(Corporate Seal)
S:\CA \Ordinances\Workforce Housing Program Option 2 (032807)(OG).doc~ L\ Ordill~\'or1;force HOlls;n~ Prof'TUm.4-clJ*1Ht\ 12
2-:{J00
03/29/2 00 7r),,4W!-20\H
Workforce Housing Program Option 2
Draft
The City of Boynton Beach recognizes that in order to sustain and grow its economy, the
City must have an inventory of various housing types and pricing for workers.
Additionally, the City and CRA have designated a CRA WLS and TCEA which mandate
the creation of workforce housing.
In July 2006, the FIU Metropolitan Center conducted a Housing Needs Assessment for
the City. The Assessment states that the City will need 10,800 workforce units by 2025
priced for families earning below 120% of AMI. The goal of the proposed Program is to
create and retain a supply of workforce housing units within the City. The recent trend of
rental to condominium conversions has also added to the shortage of affordable rental
units.
There are a number of arguments for local government involvement in encouraging the
production of affordable housing. First, the federal government's financial commitment
to the creation of affordable housing is increasingly being reduced, putting the burden on
state and local governments which have limited resources.
A lack of decent workforce housing can be a barrier to a sustainable economy. Housing
costs have a major influence on a businesses decision to locate to a certain area.
Furthermore, young people can be discouraged from returning home after college
because of high housing costs thus reducing the number of highly qualified workers in
the area.
A lack of workforce housing also contributes to traffic congestion as workers settle
further outside of expensive areas. Lower capacity roads also limit a city's ability to
grow.
The creation of the Workforce Housing Program is being implemented in accordance
with the adopted Community Redevelopment Plans and the City of Boynton Beach's
Comprehensive Plan. The Workforce Housing Program would permit amending land use
to the higher density land use designations of Special High Density Residential, Mixed-
Use and Mixed-Use Core if Workforce Housing Units are created or off-site options are
performed.
In cases of hardship where all the required Workforce Housing Units cannot be created
entirely on site, the developer must comply with the offsite options for the creation of the
remaining Workforce Housing Units as described in the Ordinance. All Workforce
Housing Units are to be compatible in exterior design and appearance, construction and
contain comparable HV AC systems as the proposed market units. All Workforce
Housing Units are to remain as income qualified units for a period of no less than 30
years and will be enforced through recorded deed restrictions and liens.
Pursuant to LDR Section 9. C. 1, approval of an LDR amendment must be based upon a
finding that the amendment is consistent with and furthers the Goals, Objectives, and
Policies of the Comprehensive Plan. This amendment furthers the following
Comprehensive Plan Objective 6.3.
S:ICAIOrdinanceslWorkforce Housing Program Ootion 2 (32807)(OGl.docS;'C^.'Ordinanccs' Workforce Housing Pro;;.'ram Option
~
RECOMMENDED ACTION
By motion, approve the amendment to the Land Development Regulations to create a
new Article X of Chapter 20 Workforce Housing Program, which could pemlit a land use
change to the higher density categories of Special High Density Residential, Mixed-Use
or Mixed-Use Core provided that Workforce Housing Units are incorporated into the
development or offsite, by adopting the findings of fact and law contained in the staff
report and finding that the request is consistent with the Comprehensive Plan and meets
criteria set forth in Section of the Land Development Regulation, with second
reading to occur on , 2007.
S:\CA\Ordinances\Workforce i-lousing Program OPtion 2 (032807)(OCi).docii4:A*!t-dinances'Workforce Huusing Progra'fH 2
Or,iHn2:doc
03/29/200 7 q.;4f1),'~r:.::
~\1'Y 0;<:-
..... '\
! .'. .'.'
\PI, X
O}~ )"
'11"'0 ~~'V
XII. - LEGAL - 1st Reading
ITEM C.1
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned
Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office
0 December 5, 2006 November 20,2006 (Noon.) 0
0 January 2, 2007 December 18, 2006 (Noon) 0 March 5, 2007 February 12,2007 (Noon)
0 January 16,2007 January 2, 2007 (Noon) 0 March 20, 2007 March 5, 2007 (Noon)
0 February 13,2007 January 22, 2007 [8J April 3, 2007 March 19,2007 (Noon)
0 AnnouncementslPresentati ons 0 City Manager's Report
NA TURE OF 0 Admin istrati ve 0 New Business
AGENDA ITEM 0 Consent Agenda [8J Legal - 151 Reading
0 Code Compliance & Legal Settlements 0 Unfinished Business
0 Public Hearing 0
RECOMMENDA TION: Motion to approve on first reading Ordinance No. 07---pertaining to Lobbyist Regulations
providing for title, purpose, definitions, registration, record of lobbying contacts, cone of silence, enforcement and penalties,
and repeal of laws in conflict.
EXPLANATION: The City of Boynton Beach determines that its citizens must be accorded access to City Officials at all
levels of government, and in order to preserve and maintain the integrity of governmental process, it is necessary that the
identity and activities of those who regularly engage in efforts to persuade public officials be regularly disclosed to the public.
Limiting communication among potential vendors, their representatives, and government officials during the City's
procurement process will provide for the continued integrity ofthe process. The City is authorized by the Florida
Constitution, the Laws of Florida, and the Palm Beach County Home Rule Charter to impose such laws as are needed to carry
on city government. The Boynton Beach Lobbyist Registration Ordinance will serve the interests of its citizens by preserving
and maintaining its policy of open government.
PROGRAM IMP ACT: Adopting this ordinance would require lobbyists to submit completed registration forms to the City
before engaging in lobbyist activities. A "Lobbyist" is defined as any person who is employed and receives payment, or who
contracts for economic consideration, for the purpose of Lobbying on behalf of a Principal. "Lobbying" means seeking to
influence the decision of any Commissioner, any Advisory Board member, or any employee with respect to the passage,
defeat or modification of any item which may foreseeably be presented for consideration to an Advisory Board or City
Commission. Should the City of Boynton Beach decide to adopt this ordinance, local lobbyists would be identified and
expected to adhere to a documented process and procedure.
FISCAL IMPACT: There are no costs associated with the Lobbyist Registration Ordinance.
Department Head's Signature
ALTERNATIVES: Not to approve a Local Lobbyist Registration Ordinance.
it)" anager's Signature
Assistant to City Manager CfU1---
Department Name
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM. DOC
City Attorney / Finance
1 ORDINANCE NO. 07-
2
3 AN ORDINANCE OF THE CITY OF BOYNTON BEACH,
4 FLORIDA, PERTAINING TO LOBBYIST REGULATIONS;
5 PROVIDING FOR TITLE AND PURPOSE; PROVIDING
6 FOR DEFINITIONS; PROVIDING FOR REGISTRATION;
7 PROVIDING FOR RECORD OF LOBBYING CONTACTS;
8 PROVIDING FOR CONE OF SILENCE; PROVIDING FOR
9 ENFORCEMENT; PROVIDING FOR PENALTIES;
10 PROVIDING FOR REPEAL OF LAWS IN CONFLICT,
11 SEVERABILITY, CODIFICATION AND AN EFFECTIVE
12 DATE.
13
14 WHEREAS, the City Commission of the City of Boynton Beach, Florida hereby
15 determines that its citizens must be accorded access to City Officials at all levels of
16 government; and
17 WHEREAS, the City Commission further determines that in order to preserve and
18 maintain the integrity of governmental process, it is necessary that the identity and activities
19 of those who regularly engage in efforts to persuade public officials be regularly disclosed to
20 the public; and
21 WHEREAS, the City Commission further determines that limiting communication
22 among potential vendors, their representatives, and government officials during the City's
23 procurement process will provide for the continued integrity of such process; and
24 WHEREAS, the City is authorized pursuant to the Florida Constitution, the Laws of
25 Florida, and the Palm Beach County Home Rule Charter to impose such laws as are needed to
26 carry on city government; and
27 WHEREAS, the City Commission of the City of Boynton Beach, Florida hereby
28 determines that the Boynton Beach Lobbyist Registration Ordinance will serve the interests of its
29 citizens by preserving and maintaining its policy of open government.
C:\Documents and Settings\lejeunec\Local Settings\Temporary Internet Files\OLKBEO\Lobbyist registration (KB).doc
3/29/2007-Revised on first reading
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION
2 OF THE CITY OF BOYNTON BEACH, FLORIDA:
3
Section 1.
The foregoing "Whereas" clauses are hereby ratified and confirmed as
4 being true and correct and are hereby made a specific part of this Ordinance upon adoption
5 hereof.
Section 2.
Article XVI entitled "Registration of Lobbyist" of Chapter 2 entitled
6
7 "Administration" of the Code of Ordinances is hereby created to read as follows:
8
Sec. 2-230
Title and Purpose.
9
A.
This Ordinance may be cited as the '"City of Boynton Beach Lobbyist Registration
10 Ordinance."
11
B.
The City Commission of the City of Bovnton Beach hereby determines that the
12 operation of responsible government requires that the fullest opportunity be afforded to the
13 people to petition their City government for the redress of grievances and to express freely tot
14 he elected officials their opinions on legislation and other actions and issues: that to preserve
15 and maintain the integrity of the governmental decision-making process, it is necessary that
16 the identity and activities of certain Persons who engage in efforts to influence City
17 Commissioners, Advisory Board members and employees on matters within their official
18 duties, be publicly and regularly disclosed.
Sec. 2-231
Definitions.
19
20
A.
Unless expressly provided herein tot he contrary, for purposes of this Ordinance, the
21 following definitions will apply:
22
1.
"Advisorv Board" will mean any advisory or quasi-iudicial board created by
23 the City Commission. KB Comment: For purposes of e.xplanation, should we list the
C:\Documents and Settings\lejeunec\Local Settings\Temporary Internet Files\OLKBEO\Lobbyist registration (KB).doc
3/29/2007-Revised on first reading
affected boards ill the definition? Miflht be clearer,
2
2.
"Board" will mean the City Commission of the City of Bovnton Beach,
3 Florida.
4
3.
"City Commissioner" will mean any member of the Citv Commission of the
5 City of Boynton Beach. Florida.
6 4. "Emplovee" will mean all personnel emploved by the City Commission. KB
7 Comment: Please clarify, this would be the Citl' Manafler, Assistant Citv Manafler
8 (because they confirm the appointment by the Citl' Manafler) and CitJ-' Attornev. Correct?
9
5.
"Lobbvin2" shall mean seeking to influence the decision of any City
1 0 Commissioner, any Advisory Board member or any Employee with respect to the passage,
11 defeat or modification of any item which may foreseeably be presented for consideration to
12 the Advisory Board or City Commission as applicable.
13
6.
"Lobbvist" shall mean any Person who is employed and receives payment. or
14 who contracts for economic consideration. for the purpose of Lobbying on behalf of a
15 Principal. "Lobbyist" shall not include anv Employee, as defined bv this Ordinance, when
16 acting in the course of his or her employment. any elected official when the official is
17 Lobbying on behalf of the government agency which the official serves, or any member of the
18 official's staff when such staff member is Lobbying on an occasional basis on behalf of the
19 governmental agency bv which the staff member is employed.
20 7. "Person" shall mean individuals, firms, associations, ioint ventures, partnerships,
21 estates, trusts, business trusts, syndicates, fiduciaries, corporations (profit or not-for-profit),
22 professional corporations. or associations and all other groups or combinations however
23 constituted.
C:\Documents and Settings\lejeunec\Local Settings\Temporary Internet Files\OLKBEO\Lobbyist registration (KB).doc
3/29/2007-Revised on first reading
8. "Principal" shall mean the Person or entity a Lobbyist represents for the
2 purpose of Lobbying.
3
Sec, 2-232
Re2istration.
4
A.
Re2istration Required. All Lobbyists shall register with City Administration before
5 engaging in Lobbying. Everv Lobbyist shall submit a forn1 prepared by the City
6 Administration and shall state his or her name. address, the name and address of each
7 Principal represented, the general and specific areas of legislative interest, and the nature and
8 extent of any direct business association or partnership with any current City Commissioner,
9 Advisorv Board member or Employee. A Lobbyist's reeistration shall automatically expire on
10 December 31 st of the year of registration. If any time during the year, a Lobbyist commences
11 representinlS a Principal for which the Lobbyist has not registered pursuant to this Ordinance,
12 such Lobbyist shall register with respect to that Principal prior to Lobbying. Lobbying prior to
13 registration is prohibited.
14
B.
Re2istration Exceptions. Registration shall not be required for the following:
15
1.
City Commissioners, Advisorv Board members or Emplovees discussion
16 matters relevant to their official duties;
17
2.
Persons under contract with the City who communicate with City
18 Commissioners, Advisory Board members or Employees regarding issues related only to the
19 performance of their services under their contract;
20
3.
Anv Person who lobbies only in his or her individual capacity for the purpose
21 of self-representation: KB: AI1F examples? This >>'ill be a Question area,
22
4.
Any Person who appears before the Board or Advisory Board 111 a quasI-
23 judicial proceeding. KB: Does this mean an attorneF who represents clients for zonim!
C:\Documents and Settings\lejeunec\Local Settings\Temporary Internet Files\OLKBEO\Lobbyist registration (KB).doc
3/2912007-Revised on first reading
matters, for e.xample? Thev Jvant to meet with the Commission all the time and are paid to
2 repre.'tient their clients, Not clear.
3
C.
False Statements. A Lobbyist shall not knowingly make, or cause to be made. a false
4 statement or misrepresentation in maintaining registration or when Lobbying City
5 Commissioners. Advisory Board members or Employees.
6
Sec. 2-233
Record of Lobbvin2 Contacts.
7
A.
Contact Log. Except when appearing before the Board or any Advisory Board, all
8 Persons shall sign, for each instance of Lobbying, contact logs maintained and available in the
9 office of reception of each department of City government. The Person shall provide his or
10 her name, whether or not the Person is a Lobbyist as defined in this Ordinance, the name of
11 each Principal. if any, represented in the course of the particular contact. and the subject
12 matter of the Lobbying contact. All contact logs shall be transmitted to the City Manager at
13 the end of each calendar quarter. KB Comment: This was written at the Countv where each
14 COUlltV Commissioll member has an office. In our case should either the Citv Clerk's
15 Office or Citv Manafler's Office maintain a master 10fl? Havillfl it distributed throuflhout
16 the departments is not particularlv efficient, in ml' vieu'.
17
B.
Lobbvin2 Outside of City Offices. In the event that a Lobbyist engages in Lobbying
18 which is outside of City offices, and which is a scheduled appointment initiated bv any Person
19 for the purpose of Lobbying, the Lobbyist shall advise the Commissioner's office of
20 Emplovee' s department office as appropriate of the calendar scheduling of an appointment
21 and the subiect matter of the Lobbving contact. KB Comment - Af!ain. I know this was
22 adapted from the COUlltV code but it is not clear. I SUf!flest that the Lobb,,'ist be required to
23 advise either the CUv Manaf!er's Office or the Citv Clerk's Office of the appointment. The
C:\Documents and Settings\lejeunec\Local Settings\Temporary Internet Files\OLKBEO\Lobbyist registration (KB).doc
3/29/2007-Revised on first reading
office asshmed, will cause a notation to be inserted ill the Citv Commission member's
2 meetill!! schedule, This can be dOlle on Outlook and a record kept of the meetinIl off
3 premises (as well as allF on-site meetinIls with Lobbvists) -- iust a sUIl!!estion. Which ever
4 office maintains the 10Il should probablv do this fimction,
5
Sec, 2-234 Cone of Silence,
6
A.
"Cone of Silence" means a prohibition on any communication, except for written
7 correspondence, regarding a particular Request for ProposaL Request for Qualification, bid, or
8 any other competitive solicitation between:
9
1.
Any Person or Person's representative seeking an award from such competitive
10 solicitation, and
11
')
....
Anv City Commissioner or Commissioner's staff. or any Employee authorized
12 to act on behalf of the Commission to award a particular contract.
13
B.
For the purposes of this Section, a Person's representative shall include but not be
14 limited to the Person's employee. partner. officer, director, consultant. Lobbyist or any actual
15 or potential subcontractor or consultant of the Person.
16
C.
The Cone of Silence shall be in effect as of the deadline to submit the proposal bid, or
17 other response to a competitive solicitation. Each Request for ProposaL Request for
18 Qualification, bid, or anv other competitive solicitation shall provide notice of Cone of
19 Silence requirements and refer to this Ordinance.
20
D.
The provisions of this Ordinance shall not apply to oral communications at any public
21 proceeding including pre-bid conferences, oral presentations before selection committees,
22 contract negotiations during any public meeting. presentations made to the Board, and protest
23 hearings. Further, the Cone of Silence shall not apply to contract negotiations between any
C:\Documents and Settings\lejeunec\Local Settings\Temporary Internet Files\OLKBEO\Lobbyist registration (KB).doc
3/29/2007-Revised on first reading
Employee and the intended awardee, any dispute resolution process following the filing of a
2 protest between the Person filing the protest and any Employee, or any written correspondence
3 at any time with any Employee, City Commissioner. or Advisory Board member or selection
4 committee member, unless specifically prohibited by the applicable competitive solicitation
5 process.
6
E.
The Cone of Silence shall not apply to any purchases made in an amount less than the
7 competitive bid threshold set forth in the set forth in the City of Bovnton Beach Purchasing
8 Policies.
9
F.
The Cone of Silence shall terminate at the time the Board or a City Department
10 authorized to act on behalf of the Board, awards or approves a contract. rejects all bids or
11 responses, or otherwise takes action which ends the solicitation process.
12
Sec. 2-235 Enforcement.
13
A.
If the City Manager is informed of an Person engaged in Lobbving activities who has
14 failed to comply with the requirements of this Ordinance, he or she shall conduct an
15 investigation as deemed necessary under the circumstances. In the event the City Manager
16 determines that a violation has occurred based on the results of the investigation. the
17 following enforcement procedures shall apply.
18
B.
A notice of violation shall be transmitted to the Person indicating the nature of the
19 violation and the penalty imposed. The Lobbyist shall have up to thirty days after the date of
20 the notice to seek appeal of the penalty. In the event the Lobbyist fails to submit an appeal in
21 writing to the City Manager within thirty days of the date of such notice, the violation shall be
22 deemed finaL and the penalty imposed shall be effective immediately.
23
c.
Appeals of any decisions of the City Manager shall be referred to a special master for
C:\Documents and Settings\lejeunec\Local Settings\Temporary Internet FiIes\OLKBEO\Lobbyist registration (KB).doc
3/29/2007-Revised on first reading
hearing.
2
1.
Creation and Appointment. Appeal hearings pursuant to this Ordinance shall
3 be conducted bv designated special masters. Applications for special master positions shall be
4 directed to the City Manager pursuant to a notice published in a newspaper of general
5 circulation. The City Manager shall select a pool of candidates from applications filed on the
6 basis of experience and qualifications. The City Manager shall appoint each special master to
7 conduct each hearing from the pool of candidates selected, as necessary. A special master
8 shall be a graduate of a law school accredited by the American Bar Association, and a current
9 member in good standing of The Florida Bar. The City Manager shall give preference to
10 those attorneys who have prior experience in a judiciary capacity or as a hearing officer,
11
mediator. or special master.
Special masters shall serve without compensation for their
12 services. and shall not be considered Employees. Travel reimbursement is limited to expenses
13 incurred only for travel outside Palm Beach Countv necessary to fulfill their responsibilities as
14 a special master.
15 2.
16 follows:
17
18
19
20
21
22
23
Conduct of Hearing. Hearings before the special master shall be conducted as
a. Persons seeking appeal will receive written notice by certified
mail of the hearing no less than fifteen working days in advance of the
hearing. The special master shall render a decision on the appeal within
fifteen working days after the case was heard.
b. The special master shall provide Persons seeking appeal and any
City representatives an opportunity to present testimony and evidence.
All testimony shall be under oath and shall be recorded. Formal rules of
C:\Documents and Settings\lejeunec\Local Settings\Temporary Internet Files\OLKBEO\Lobbyist registration (KB),doc
3/29/2007-Revised on first reading
evidence shall not apply, but fundamental due process shall be observed
2
3
4
5
6
7
8
9
10
11 D. The
and shall govern the proceedings. The special master. in his or her
discretion, may exclude irrelevant immateriaL or unduly repetitious
evidence, but all other evidence of a type commonly relied upon by
reasonably prudent Persons in the conduct of their affairs shall be
admissible, whether or not such evidence would be admissible in a trial in
the courts of Florida. Any part of the evidence may be received in
written form.
c. The decision of the special master is final and appealable by
writ of certiorari pursuant to the Florida Rules of Appellate Procedure.
validity of any action taken by the Board, The Advisorv Boards, or any
12 Employees, shall not be affected by the failure of any Person to comply with the provisions of
13 this Ordinance.
C:\Documents and Settings\lejeunec\Local Settings\Temporary Internet Files\OLKBEO\Lobbyist registration (KB).doc
3/29/2007-Revised on first reading
Sec. 2-236
Penalties.
2
A.
Violations of the City of Boynton Beach Lobbyist Registration Ordinance shall be
3 punishable as follows:
4
1.
Failure to properly register as required by Section 3 of the Ordinance shall be
5 deemed a single violation. punishable bv a fine of two hundred fifty dollars ($250.00) per day
6 for each day an unregistered Lobbyist engages in Lobbying activity. in an amount not to
7 exceed a total of two thousand five hundred dollars ($2,500.00).
8
2.
Failure to properly provide Lobbying contact information as required by
9 Section 4 of this Ordinance shall be punishable by a fine of two hundred fifty dollars
10 ($250.00) for each violation.
11
3.
Violations of the Cone of Silence set forth in Section 5 of this Ordinance shall
12 be punishable by a fine of two hundred fifty dollars ($250.00) for each violation.
13
4.
Any Person who knowingly makes or causes to be made a false statement or
14 misrepresentation in maintaining a Lobbyist registration shall be subiect to a fine of two
15 hundred fifty dollars ($250.00) for each violation.
16
5.
Any Person who violates the provisions of the Ordinance more than once
17 during a twelve-month period shall be prohibited from Lobbying as follows: A second
18 violation shall result in a prohibition of one year, a third violation shall result in a prohibition
19 of two years.
20
6.
The penalties provided in this section shall be exclusive penalties imposed for
21 anv violation of the registration, contact lob and Cone of Silence requirements of this
22 Ordinance. Failure or refusal of any Lobbyist to comply with any order of the City or special
23 master shall be punishable as provided by law. and shall otherwise by subject to such civil
C:\Documents and Settings\lejeunec\Local Settings\Temporary Internet Files\OLKBEO\Lobbyist registration (KB).doc
3/29/2007-Revised on first reading
remedies as the City may pursue, including injunctive relief.
Section 5.
Each and every other provision of the Code of Ordinances not herein
2
3 specifically amended, shall remain in full force and effect as originally adopted.
Section 6.
All laws and ordinances applying to the City of Boynton Beach 111
4
5 conflict with any provisions of this ordinance are hereby repealed.
6
Section 7.
Should any section or provision of this Ordinance or any portion
7 thereof be declared by a court of competent jurisdiction to be invalid, such decision shall not
8 affect the remainder of this Ordinance.
9
Section 8.
Authority is hereby given to codify this Ordinance.
10
Section 9.
This Ordinance shall become effective immediately.
C:\Documents and Settings\lejeunec\Local SettingslTemporary Internet Files\OLKBEO\Lobbyist registration (KB).doc
3/29/2007-Revised on first reading
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
ATTEST:
FIRST READING this _ day of
,2007.
SECOND, FINAL READING AND PASSAGE this _ day of
,2007.
CITY OF BOYNTON BEACH, FLORIDA
Mayor - Jerry Taylor
Vice Mayor - Jose Rodriguez
Commissioner - Ronald Weiland
Commissioner - Mack McCray
Commissioner - Carl McKoy
City Clerk
(Corporate Seal)
C:\Documents and Settings\lejeunec\Local Settings\Temporary Internet Files\OLKBEO\Lobbyist registration (KB).doc
3/29/2007-Revised on first reading
XII. - LEGAL - 1st Reading
ITEM C.2
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Commission Date Final Fonn Must be Turned Requested City Commission Date Final Fonn Must be Turned
Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office
0 December 5, 2006 November 20,2006 (Noon.) 0
0 January 2,2007 December 18,2006 (Noon) 0 March 5, 2007 February 12,2007 (Noon)
0 January 16, 2007 January 2, 2007 (Noon) 0 March 20, 2007 March 5, 2007 (Noon)
0 February 13,2007 January 22, 2007 [gJ April 3, 2007 March 19,2007 (Noon)
0 Announcements/Presentations 0 City Manager's Report
NA TURE OF 0 Administrative 0 New Business
AGENDA ITEM 0 Consent Agenda [gJ Legal - 151 Reading
0 Code Compliance & Legal Settlements 0 Unfinished Business
0 Public Hearing 0
RECOMMENDATION: Motion to approve on first reading Ordinance No. 07-_ amending Chapter 15 ofthe Code of
Ordinances, "Offenses-Miscellaneous," to add a new Article XII, titled "Loitering."
EXPLANATION: It is the right of every person to be secure and protected from fear, intimidation, and physical harm caused
by the activities of criminal street gangs and their members. It is not the intent of this ordinance to interfere with the exercise
of the constitutionally protected rights of freedom of expression and association. It is every citizen's constitutional right to
harbor or express beliefs on any lawful subject and to lawfully associate with others who share similar beliefs, to petition
lawfully constituted authority for a redress of perceived grievances and to participate in the electoral process. However, the
City and its surrounding communities are facing a mounting crisis caused by persons engaged in suspicious loitering and
criminal street gangs whose members threaten and terrorize peaceful citizens and commit a multitude of crimes. These
activities present a clear and present danger. The City has a compelling interest in preventing criminal activity, and the
provisions of this ordinance are necessary to maintain the public order and safety.
PROGRAM IMP ACT: Eradicate the terror created by criminal street gangs and their members by providing law
enforcement with the tools to eradicate suspicious loitering within the City.
FISCAL IMPACT: N/A
ALTERNATIVES: Not to approve the ordinance.
City Manager's Office
Assistant to City Manager
emu
Department Name
City Attorney / Finance
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM. DOC
"
1 ORDINANCE NO. 07-
2
3 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA,
4 AMENDING CHAPTER 15 OF THE CODE OF ORDINANCES,
5 "OFFENSES-MISCELLANEOUS," TO ADD A NEW ARTICLE XII,
6 TITLED "LOITERING"; PROVIDING FOR FINDINGS AND INTENT;
7 PROVIDING FOR DEFINITIONS; DECLARING CERTAIN ACTS
8 UNLAWFUL; PROVIDING FOR PENAL TIES; PROVIDING FOR
9 CODIFICATION, CONFLICTS, SEVERABILITY AND AN EFFECTIVE
10 DATE.
11
12 WHEREAS, the City Commission of the City of Boynton Beach finds that loitering
13 causes justifiable and reasonable alarm and immediate concern for the safety of persons or
14 property within the City; and
15 WHEREAS, the City Commission of the City of Boynton Beach desires to address
16 the public's concern, alarm and fear caused by loitering within the City by establishing
17 prohibitions and penalties for loitering as hereinafter defined; and
18 WHEREAS, the City Commission of the City of Boynton Beach finds that there is a
19 mounting crisis caused by criminal street gangs, and others, that frequently loiter on public,
20 and private property and thereby threaten and terrorize peaceful citizens and commit a
21 multitude of crimes; and
22 WHEREAS, the City Commission of the City of Boynton Beach desires to eradicate
23 the terror created by criminal street gangs and their members; and
24 WHEREAS, the public health, safety, and welfare of the public is advanced by the
25 adoption of this ordinance; and
26 WHEREAS, the City Commission deems it to be in the best interests of the health,
27 safety and welfare of the citizens and residents of the City to create Article XII in Chapter 15
CODING:
Words in strike tlH'ough type are deletions from existing law;
Words in underlined type are additions.
Page 1 of 8
S:\CA\Ordinances\Loitering Ordinance (KBComments)033007.doc
I'
1 of the City's Code of Ordinances as provided herein.
2
NOW, THEREFORE, BE IT ORDAINED BY THE CITY
3 COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA THAT:
4
Section 1.
The foregoing "WHEREAS" clauses are hereby ratified and confirmed
5 as being true and correct, and are hereby incorporated herein and made a part hereof.
6
Section 2.
Chapter 15, "Offenses-Miscellaneous" is hereby amended to add a new
7 Article XI titled "Loitering" to read as follows:
8
Article XII. LOITERING
Sec. 15-128. Findinl!s and Intent
(a) The City Commission finds that it is the right of every person. regardless of
race, color. creed. religion. national origin, sex, age, sexual orientation, or handicap, to be
secure and protected from fear, intimidation. and physical harm caused by the activities of
criminal street gangs and their members. It is not the intent of this article to interfere with the
exercise of the constitutionally protected rights of freedom of expression and association. The
City Commission recognizes the constitutional right of every citizen to harbor and express
beliefs on any lawful subiect whatsoever. to lawfully associate with others who share similar
beliefs, to petition lawfully constituted authority for a redress of perceived grievances, and to
participate in the electoral process.
(b) The City Commission finds, however. that the City and its surrounding
communities are facing: a mounting crisis caused by persons engaged in suspicious loitering
and criminal street gangs whose members threaten and terrorize peaceful citizens and commit
CODING: Words in strike tlH'Ol:lgh type are deletions from existing law;
Words in underlined type are additions.
Page 2 of 8
S:\CA\Ordinances\Loitering Ordinance (KBComments)033007.doc
9
10
11
12
13
14
15
16
17
18
19
20
2l
"
lO
I
a multitude of crimes. These activities, both individually and collectively, present a clear and
present danger. The City has a compelling interest in preventing criminal activity, and the
City Commission finds that the provisions of this act are necessary to maintain the public
order and safety.
(c) It is the intent of the City Commission to eradicate the terror created bv
engaged in . . loitering and criminal street gangs and their members by
persons SUSPICIOUS
I
1
2
3
4
5
6
7
providing law enforcement with the tools to eradicate suspicious loitering within the City.
Sec. 15-129. Definitions.
The following words, terms and phrases, when used in this article shall have the
meaning: ascribed to them in this section, except where the context clearly indicates a different
meanIng:
"Loiter" means to stand around without any obvious purpose. and to remain, linger,
idle, or stay in a public place, or private place open to the public, following a request to leave
the property or public place following a request to leave from the property owner or a law
enforcement officer acting on behalf ofthe property owner.
"Public place" is an area generally visible to public VIew and includes streets,
sidewalks, bridges, alleys. plazas, parks, driveways, parking lots, open areas and buildings
open to the general public, including those which serve food or drink, or provide
entertainment, and the doorways and entrances to building or dwellings and the grounds
enclosing them. whether publicly or privately owned.
The term "Street" includes the legal right-of-way, including but not limited to, the
CODING: Words in strike thnmgh type are deletions from existing law;
Words in underlined type are additions.
Page 3 of 8
S:\CA\Ordinances\Loitering Ordinance (KBComments)033007.doc
8
9
11
12
13
14
15
16
17
18
19
20
21
"
1 traffic lanes, curb, sidewalk, whether paved or unpaved. parkway and any grass plots or other
2 grounds found within the legal right-of-way of a street. The term "Street" also includes
3 private rights of way or access road when the City and the property owner have entered into
4 an enforcement agreement as provided in Florida Statute 316.006(b ).
5
6 Sec. 15-130. Acts declared unlawful
7 It shall be unlawful for any person:
8
a
To loiter in or near an
9 circumstances that would lead a sworn law enforcement officer to reasonably suspect that a
10 person or persons are engaged in conduct that is intimidating, harassing, threatening to any
11 citizen or otherwise interfering with the free flow of pedestrians or vehicular traffic:
l2
b
lace in a manner and under the
13 circumstances that would lead a sworn law enforcement officer to reasonable suspect that a
14 person or persons are engage in any activity that would promote, benefit or otherwise further
15 the interest ofa criminal street g:ang as defined in F.S. 874.03.
l6
c
To loiter in or near an street or
lace in a manner and under
l7 circumstances that would lead a sworn law enforcement officer to reasonably suspect that a
18
19 another to commit an act of prostitution. Among the circumstances which may be considered
20 in determining whether such purpose is manifested are that the person repeatedly beckons to,
21 stops or attempts to stop, or engages in conversation with, passersby, or repeatedly stops or
22 attempts to stop motor vehicle operators by hailing them or gesturing: to them.
CODING:
Words in strike through type are deletions from existing law;
Words in underlined type are additions.
Page 4 of 8
S:\CA\Ordinances\Loitering Ordinance (KBComments)033007.doc
16
17
l8
19
"
1
d
To loiter in or near an street or
lace in a manner and under
2 circumstances manifesting: the purpose to engage in a drug-related activity contrary to any of
3 the provisions of Chapter 893 of the Florida Statutes.
4
1.
Such person behaves in such a manner as to raise a reasonable
5
suspicion that he or she is about to engag:e in or is then engaged in an
6
unlawful drug-related activity, including by way of example only, such
7
person is acting as a "look out,"
8
2.
Such person is physically identified by the Officer as a member
9
of a "gang" in accordance with Chapter 874, Florida Statutes, which
10
has as its purpose illegal drug-related activity,
11
3.
Such person transfers small obiects or packages for currency in
12
a furtive fashion,
13
4.
Such person takes flight upon the appearance of a police officer,
14
5.
Such person manifestly endeavors to conceal himself or herself
15
and any obiect which reasonablv could be involved in an unlawful
drug-related activity,
6.
The area involved is by public repute known to be an area of
unlawful drug use and trafficking,
7.
The premises involved are known to have been reported to law
20 enforcement as a place suspected of drug: activity.
2l Sec. 15-131. Suspicious Loiterinl!.
CODING:
Words in strike through type are deletions from existing law;
Words in underlined type are additions.
Page 5 of 8
S:\CA \Ordinances\Loitering Ordinance (KBComments )033007 .doc
"
1
a
It is unlawful for an erson to loiter in a lace at a time or in a manner not
2 usual for law-abiding: individuals, under circumstances that warrant a justifiable and
3 reasonable alarm or immediate concern for the safety of persons or property in the vicinity.
4 Amon the circumstances which ma be considered in determinin whether
5 such alarm or immediate concern is warranted is the fact that the person takes flight upon
6 a earance of a law enforcement officer refuses to identif himself or herself or manifest!
7 endeavors to conceal himself or herself or any object. Unless flight by the person or other
8 circumstance makes it impracticable, a law enforcement officer shall, prior to any arrest for an
9 offense under this section, afford the person an opportunity to dispel any alarm or immediate
10 concern which would otherwise be warranted by requesting the person to identify himself or
11 herself and explain his or her presence and conduct.
12 erson shall be convicted of an offense under this section if the law
13 enforcement officer did not comply with this procedure or if it appears at trial that the
l4 if believed b the officer at the time would have
15 dispelled the alarm or immediate concern.
16 Sec. 15-132. Loiterinl! after warninl!.
17
a
It shall be unlawful for an
ersons after first bein warned b a law
18 enforcement officer, or where a "no loitering" sign or signs have been posted by the property
19 owner to loiter, stand, sit or lie in or upon any public or quasi-public sidewalk, street, curb,
20 crosswalk walkwa
21 hinder or obstruct umeasonably the free passage of pedestrians or vehicles, thereon, nor shall
CODING:
Words in strike through type are deletions from existing law;
Words in underlined type are additions.
Page 6 of 8
S:\CA\Ordinances\Loitering Ordinance (KBComments)033007.doc
1/
1 an erson block or obstruct
2 the public
3
b
Whenever a olice officer observes a one or more ersons loiterin in an
4
s in the area the olice officer shall i
5
6 all such ersons to dis erse and remove themselves from within si ht and hearin of the lace
7 at which the order was issued' and iii inform those ersons that the will be sub' ect to arrest
8 ht or hearin of
9 the place at which the order was issued during the next six (6) hours.
10 Sec. 15-133. Penalties.
II A erson who violates this article shall be unishable b a fine not exceedin
12
13
b
A second or subse uent offense shall be unishable b a mandator minimum
14 sentence of not less than five (5) days imprisonment.
l5
Section 3.
It is the intention of the City Commission of the City of Boynton
16 Beach, Florida that the provisions of this ordinance shall become and be made a part of the
l7 City of Boynton Beach Code of Ordinances. The sections of this ordinance may be re-
18 numbered or re-lettered and the word "ordinance" may be changed to "section," "article," or
19 such other appropriate word or phrase in order to accomplish such intentions.
CODING:
Words in strike through type are deletions from existing law;
Words in underlined type are additions.
Page 7 of 8
S:\CA\Ordinances\Loitering Ordinance (KBComments)033007.doc
lO
11
12
13
14
l5
16
17
18
19
20
21
22
23
24
25 ATTEST:
26
27
28 Janet Prainito, City Clerk
29
30 (CORPORATE SEAL)
31
II
1
Section 4.
All Ordinances or parts of Ordinances, Resolutions or parts of
2 Resolutions in conflict herewith be, and the same are hereby repealed to the extent of such
3 conflict.
4
Section 5.
If any clause, section, or other part or application of this Ordinance shall
5 be held by any court of competent jurisdiction to be unconstitutional or invalid, such
6 unconstitutional or invalid part or application shall be considered as eliminated and so not
7 affecting the validity of the remaining portions or applications remaining in full force and effect.
8
Section 6.
This Ordinance shall become effective immediately upon its passage and
9 adoption.
FIRST READING, this _ day of April, 2007.
SECOND, FINAL READING AND PASSAGE, this
,2007.
day of
CITY OF BOYNTON BEACH, FLORIDA
Mayor - Jerry Taylor
Vice Mayor - Jose Rodriguez
Commissioner - Ronald Weiland
Commissioner - Mack McCray
Commissioner - Carl McKoy
CODING:
Words in strike thr-el:lgh type are deletions from existing law;
Words in underlined type are additions.
Page 8 of 8
S:\CA\OrdinanceS\Loitering Ordinance (KBComments)033007.doc
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
XII. - LEGAL
ITEM 0.1
Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned
Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office
0 December 5, 2006 November 20,2006 (Noon.) 0
0 January 2, 2007 December 18, 2006 (Noon) 0 March 5, 2007 February 12,2007 (Noon)
0 January 16, 2007 January 2, 2007 (Noon) 0 March 20, 2007 March 5, 2007 (Noon)
0 February 13,2007 January 22, 2007 [gJ April 3, 2007 March 19,2007 (Noon)
0 Announcements/Presentations 0 City Manager's Report
NATURE OF 0 Administrative 0 New Business
AGENDA ITEM 0 Consent Agenda [gJ Legal
0 Code Compliance & Legal Settlements 0 Unfinished Business
0 Public Hearing 0
RECOMMENDATION: Motion to approve Resolution No. 07-_ addressing the presence of criminal street gangs in
the City and the surrounding communities and establishing the need to deter criminal gang activity through proactive
law enforcement and legal action.
EXPLANATION: It is the right of every person to be secure and protected from fear, intimidation, and physical harm caused
by the activities of criminal street gangs and their members. It is not the intent of this resolution to interfere with the exercise
of the constitutionally protected rights of freedom of expression and association. The City has a compelling interest in
preventing criminal activity, and the provisions of this resolution are necessary to maintain the public order and safety. This
resolution also recognizes Florida's House of Representatives Bill No. 1363 (2007 - see attached) relating to Organized
Criminal Activity and expresses support for the Bill.
PROGRAM IMP ACT: This resolution identifies by definition "Criminal street gang," "Criminal street gang member,"
"Pattern of criminal street gang activity," and directs the City's Police Department to strictly enforce state and local laws
combating gang activity. It also directs the City Attorney to monitor gang enforcement regulations at all levels of government
and to pursue prosecution of known criminal street gang members by communicating with the Court, Attorney General and/or
State Attorney's Office. The City Manager is directed by this resolution to continue his leadership role with other
representatives of local government to advocate a cooperative governmental effort to stem the proliferation of criminal gang
activity in Palm Beach County, and to identifY and aggressively pursue available grants to fund the City's efforts to eradicate
criminal gang activity.
FISCAL IMPACT: N/A
AL TERNA TIVES: Not to approve the ordinance.
City Manager's Office
Department Name
S:\BULLETlN\FORMS\AGENDA ITEM REQUEST FORM.DOC
City Attorney / Finance
II
1 RESOLUTION NO.
2
3 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
4 BOYNTON BEACH, FLORIDA, ADDRESSING THE PRESENCE OF
5 CRIMINAL STREET GANGS IN THE CITY AND THE SURROUNDING
6 COMMUNITIES AND ESTABLISHING THE NEED TO DETER
7 CRIMINAL GANG ACTIVITY THROUGHOUT PROACTIVE LAW
8 ENFORCEMENT AND LEGAL ACTION; PROVIDING FOR AN
9 EFFECTIVE DATE.
10
11 WHEREAS, the City Commission of the City of Boynton Beach finds and declares
12 that it is the right of every person to be secure and protected from fear, intimidation, and
13 physical harm caused by the activities of criminal street gangs; and
14 WHEREAS, there is a mounting crisis caused by criminal street gangs whose
15 members threaten and terrorize peaceful citizens and commit a multitude of crimes within the
16 City of Boynton Beach and the surrounding communities; and
17 WHEREAS, the City Commission of the City of Boynton Beach desires to eradicate
18 the terror created by criminal street gangs and their members; and
19 WHEREAS, the City Commission of the City of Boynton Beach recognizes the
20 constitutional right of every citizen to harbor and express beliefs on any lawful subject
21 whatsoever, to associate lawfully with others who share similar beliefs, to petition lawfully
22 constituted authority for a redress of perceived grievances, and to participate in the electoral
23 process; and
24 WHEREAS, the City has a compelling interest in preventing criminal gang activity,
25 and the City Commission finds that the provisions of this Resolution are necessary to
26 maintain the public order and safety.
27 WHEREAS, it is not the intent of the City Commission of the City of Boynton Beach
JAC:JVA 3-29-07
S:\CA \RESO\Anti-gang .doc
Page 1 of 6
II
1 to interfere with the exercise of the constitutionally protected rights of freedom of expression
2 and association; and
3 WHEREAS, Section 856.021 of the Florida Statutes, makes it unlawful for any
4 person to loiter or prowl in a place, at a time or in a manner not usual for law-abiding
5 individuals, under circumstances that warrant a justifiable and reasonable alarm or immediate
6 concern for the safety of persons or property in the vicinity and any person found violating
7 this section shall be guilty of a misdemeanor of the second degree as punishable in Fla. Stat.
8 ~~775.082 or 775.083; and
9 WHEREAS, Chapter 874 of the Florida Statutes, known as the "Criminal Street Gang
10 Prevention Act of 1996," was enacted with the intent to eradicate the terror created by
11 criminal street gangs and their members by providing enhanced penalties and by eliminating
12 the patterns, profits, proceeds, instrumentalities, and property facilitating criminal street gang
13 activity, including criminal street gang recruitment; and
14 WHEREAS, Fla. Stat. 874.06 gives the City Attorney the authority to enJoIn
15 coercion, intimidation, threats, or other harm by criminal street gang members within the City
16 by bringing civil actions to seek an injunctions, or any other appropriate relief in law or
17 equity; and
18 WHEREAS, the City Commission of the City of Boynton Beach recognizes Florida's
19 House of Representatives Bill No. 1363 (2007) relating to Organized Criminal Activity and
20 hereby expresses support for the Bill.
21 WHEREAS, the City Commission of the City of Boynton Beach finds that it is in the
22 best interest of the health, safety, and welfare of the City, its residents, businesses, and visitors
JAC:JVA 3-29-07
S:\CA \RESO\Anti-gang.doc
Page 2 of 6
II
1 to adopt this resolution; and
2
NOW, THEREFORE, BE IT RESOLVED BY THE CITY
3 COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA THAT:
4 SECTION 1. The foregoing "WHEREAS" clauses are hereby ratified and confirmed
5 as being true and correct, and are hereby incorporated herein and made a part hereof.
6 SECTION 2. Definitions.
7 As used in this Resolution:
8 (1) "Criminal street gang" means a formal or informal ongoing organization,
9 association, or group that has as one of its primary activities the commission of criminal or
10 delinquent acts, and that consists of three or more persons who have a common name or
11 common identifying signs, colors, or symbols and have two or more members who,
12 individually or collectively, engage in or have engaged in a pattern of criminal street gang
13 activity.
14 (2) "Criminal street gang member" is a person who is a member of an Criminal
15 street gang as defined in subsection (1) and who meets two or more of the following criteria:
16 a) Admits to criminal street gang membership.
17 (b) Is identified as a criminal street gang by a parent or guardian.
18 ( c) Is identified as a criminal street gang member by a documented
19 reliable informant.
20 (d) Resides in or frequents a particular criminal street gang's area and
21 adopts their style of dress, their use of hand signs, or their tattoos, and
22 associates with known criminal street gang members.
JAC:JVA 3-29-07
S:\CA \RESO\Anti-gang.doc
Page 3 of 6
II
1 (e) Is identified as a criminal street gang member by an informant of
2 previously untested reliability and such identification is corroborated by
3 independent information.
4 (f) Has been arrested more than once in the company of identified
5 criminal street gang for offenses that are consistent with usual criminal street
6 gang activity.
7 (g) Is identified as a criminal street gang member by physical evidence
8 such as photographs or other documentation.
9 (h) Has been stopped in the company of known criminal street gang
10 members four or more times.
11 (3) "Pattern of criminal street gang activity" means the commission or
12 attempted commission of, or solicitation or conspiracy to commit, two or more felony
13 or three or more misdemeanor offenses, or one felony and two misdemeanor offenses,
14 or the comparable number of delinquent acts or violations of law which would be
15 felonies or misdemeanors if committed by an adult, on separate occasions within a 3-
16 year period.
17 SECTION 3. The City Commission hereby directs its contract lobbyist to advocate
18 for the passage of Florida's House of Representatives Bill No. 1363 (2007) relating to
19 Organized Criminal Activity through the State Legislature and advocate for the inclusion of
20 additional provisions to assist local governments and law enforcement in combating gang
21 activity.
22 SECTION 4. The City Commission hereby directs the City's Police Department to
JAC:JV A 3-29-07
S :\CA \RESO\Anti-gang .doc
Page 4 of 6
II
1 strictly enforce the State of Florida's Loitering and Prowling Statute, Fla. Stat. ~856.021, or
2 any subsequent versions of such statute, and exercise all the authority and powers granted to it
3 by the Florida Statutes.
4 SECTION 5. The City Commission hereby directs the City's Police Department to
5 strictly enforce Chapter 874 of the Florida Statutes, known as the "Criminal Street Gang
6 Prevention Act of 1996," or any subsequent versions of such statute.
7 SECTION 6. The City Commission hereby directs the City Attorney's Office to
8 continue to monitor gang enforcement regulations at the local, state and national levels and
9 make recommendation for the adoption of a City Ordinance when there is a reasonable
10 certainty that such Ordinance will survive constitutional challenge.
11 SECTION 7. The City Commission hereby directs the City Attorney's Office to
12 make an appearance at, or properly communicate, with the Court and the Attorney General, or
13 the State Attorney's Office, the City's interest in the prosecution of known criminal street
14 gang members so court can be cognizant of the City's interest in the imposition of stricter
15 sentences and/or penalties. The City Attorney is further authorized to initiate any nuisance
16 abatement or injunctive action reasonable calculated to inhibit criminal gang activity.
17 SECTION 8. The City Manager is directed to continue his leadership role with other
18 representatives of local government to advocate a cooperative governmental effort to stem the
19 proliferation of criminal gang activity in Palm Beach County. The City Manager is further
20 directed to identify and aggressively pursue available grant funds to fund the City's efforts to
21 eradicate criminal gang activity.
JAC:JVA 3-29-07
S:\CA \RESO\Anti-gang .doc
Page 5 of 6
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25 ATTEST:
26
27
28 Janet Prainito, City Clerk
29
30 (CORPORATE SEAL)
31
32
II
1 SECTION 9. If any clause, section, or other part or application of this Resolution is
2 held by any court of competent jurisdiction to be unconstitutional or invalid, in part or
3 application, such unconstitutional or invalid part or application shall be considered as eliminated
4 and so not affecting the validity of the remaining portions or applications remaining in full force
5 and effect.
6 SECTION 10. This Resolution shall become effective immediately upon its passage and
7 adoption.
8 FIRST READING, this _ day of April, 2007.
9
SECOND, FINAL READING AND PASSAGE, this
,2007.
day of
CITY OF BOYNTON BEACH, FLORIDA
Mayor - Jerry Taylor
Vice Mayor - Jose Rodriguez
Commissioner - Ronald Weiland
Commissioner - Mack McCray
Commissioner - Carl McKoy
JAC:JV A 3-29-07
S :\CA \RESO\Anti-gang.doc
Page 6 of 6
HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #: HB 1363 Organized Criminal Activity
SPONSOR(S): Gonzalez and others
TIED BILLS: IDENJSIM. BILLS:
REFERENCE
ACTION
ANALYST
STAFF DIRECTOR
1) Safety & Security Council
2) Policy & BudQet Council
3)
4)
5)
CunninQham
Havlicak
SUMMARY ANALYSIS
Chapter 874, F.S., the "Criminal Street Gang Prevention Act of 1996," was enacted on the basis of a legislative
finding that the state is facing a mounting crisis caused by criminal street gangs whose members terrorize
citizens and commit a multitude of crimes. The Act provides enhanced penalties if a court finds that a
defendant committed an offense for the purpose of benefiting, promoting, or furthering the interests of a
criminal street gang, and makes intentionally causing, encouraging, soliciting, or recruiting criminal street gang
membership a felony. Profits, proceeds, and instrumentalities of criminal street gangs may be forfeited under
the provisions of the Act. Additionally, the Act authorizes the Department of Law Enforcement to develop and
manage a statewide criminal street gang database to facilitate exchange of information.
HB 1363 renames the Act the "Organized Crime Group Prevention Act of 2007" and replaces the term "criminal
street gang" with "organized crime group" throughout chapter 874, F.S., and other referencing statutes. The
bill revises the legislative intent language of the Act and provides additional definitions. The bill also authorizes
the Department of Law Enforcement to compile and retain additional information regarding organized crime
groups for law enforcement purposes. Local law enforcement agencies are authorized to compile organized
crime group information and to notify prosecutors of an arrested individual's organized crime group
membership status.
HB 1363 also creates a term and condition of community supervision, that prohibits organized crime group
members from communicating with any other organized crime group members through any means, except as
authorized by certain entities for the purpose of aiding in the investigation of organized criminal activity.
The bill makes it a third degree felony for any person to use electronic communication to further any criminal
purpose, to intimidate or harass other persons, or to advertise his or her presence in the community. The bill
makes it a second degree felony for any person to possess or manufacture any blank, forged, stolen, fictitious,
fraudulent, counterfeit, or otherwise unlawfully issued identification document in furtherance of a criminal
activity.
HB 1363 also requires FDLE to administer organized crime prevention and enforcement grants. The bill
requires FDLE to adopt rules pursuant to ss. 120.536(1) and 120.54, F.S., setting forth the grant application
process, eligibility criteria, and performance standards.
This document does not reflect the intent or official position of the bill sponsor or House of Representatives.
STORAGE NAME: h1363.SSC.doc
DATE: 3/19/2007
FULL ANALYSIS
I. SUBSTANTIVE ANALYSIS
A. HOUSE PRINCIPLES ANALYSIS:
Maintain Public Security - This bill authorizes the Department of Law Enforcement to compile and
retain additional information regarding organized crime groups for law enforcement purposes, requires
the Department of Law Enforcement to administer organized crime prevention and enforcement grants,
and authorizes local law enforcement agencies to compile organized crime group information and to
notify prosecutors of an arrested individual's organized crime group membership status.
Promote Personal Responsibility - This bill makes it a crime for any person to use electronic
communication to further any criminal purpose, to intimidate or harass other persons, or to advertise his
or her presence in the community. This bill also makes it a crime for any person to possess or
manufacture any blank, forged, stolen, fictitious, fraudulent, counterfeit, or otherwise unlawfully issued
identification document in furtherance of a criminal activity.
Safeguard Individual Liberty - This bill creates a term and condition of community supervision, that
prohibits organized crime group members from communicating with any other organized crime group
members through any means, except as authorized by certain entities for the purpose of aiding in the
investigation of organized criminal activity.
Provide Limited Government - This bill requires the Department of Law Enforcement to create rules
setting forth the organized crime prevention and enforcement grant application process, eligibility
criteria, and performance standards.
B. EFFECT OF PROPOSED CHANGES:
Chapter 874, F.S. - Existing Sections of Statute
Leaislative Intent
Chapter 874, F.S., establishes the "Criminal Street Gang Prevention Act of 1996" (Act). The Act was
enacted on the basis of a legislative finding that the state is facing a mounting crisis caused by criminal
street gangs, and that criminal street gang activities present a clear and present danger that the state
has a compelling interest in preventing.1 The legislature further specified that the intent of the Act was
to eradicate the terror created by criminal street gangs by providing enhanced penalties and by
eliminating the patterns, profits, proceeds, instrumentalities, and property facilitating criminal street
gang activity, including gang recruitment.2
Effect of the Bill
The bill renames the Act the "Organized Crime Group Prevention Act of 2007" and replaces the term
"criminal street gang" with "organized crime group" throughout chapter 874, F.S. The bill adds that the
state has a compelling interest in halting the danger posed by the proliferation of organized crime
groups and the graduation from more primitive forms of criminal organizations to highly sophisticated
criminal organizations. The bill specifies that the legislature has found that street gangs, in particular,
have evolved into increasingly sophisticated and complex organized crime groups, and adds that it is
the intent of the legislature to outlaw certain conduct associated with the existence and proliferation of
organized crime activity.
] s. 874.02, F.S.
2/d.
STORAGE NAME:
DATE:
h 1363.SSC.doc
3/19/2007
PAGE: 2
Definitions
Section 874.03, F.S. provides the following definitions:
"Criminal street gang" means a formal or informal ongoing organization, association, or
group that has as one of its primary activities the commission of criminal or delinquent acts,
and that consists of three or more persons who have a common name or common
identifying signs, colors, or symbols and have two or more members who, individually or
collectively, engage in or have engaged in a pattern of criminal street gang activity.
"Criminal street gang member" is a person who is a member of a criminal street gang and
who meets two or more of the following criteria:
o Admits to criminal street gang membership.
o Is identified as a criminal street gang member by a parent or guardian.
o Is identified as a criminal street gang member by a documented reliable informant.
o Resides in or frequents a particular criminal street gang's area and adopts their style
of dress, their use of hand signs, or their tattoos, and associates with known criminal
street gang members.
o Is identified as a criminal street gang member by an informant of previously untested
reliability and such identification is corroborated by independent information.
o Has been arrested more than once in the company of identified criminal street gang
members for offenses which are consistent with usual criminal street gang activity.
o Is identified as a criminal street gang member by physical evidence such as
photographs or other documentation.
o Has been stopped in the company of known criminal street gang members four or
more times.
"Pattern of criminal street gang activity" means the commission or attempted commission of,
or solicitation or conspiracy to commit, two or more felony or three or more misdemeanor
offenses, or one felony and two misdemeanor offenses, or the comparable number of
delinquent acts or violations of law which would be felonies or misdemeanors if committed
by an adult, on separate occasions within a 3-year period.
"Criminal street gang associate" means a person who:
o Admits to criminal street gang association; or
o Meets any single defining criterion for criminal street gang membership.
"Gang-related incident" means an incident that, upon investigation, meets any of the
following conditions:
o The participants are identified as criminal street gang members or criminal street
gang associates, acting, individually or collectively, to further any criminal purpose of
the gang;
o A reliable informant identifies an incident as criminal street gang activity; or
o An informant of previously untested reliability identifies an incident as criminal street
gang activity and it is corroborated by independent information.
Effect of the Bill
The bill replaces the terms "criminal street gang" and "gang" with "organized crime group." Additionally,
the term "criminal street gang member" is replaced with "organized crime member."
The bill adds "organized criminal syndicates," "street gangs," and "terrorist organizations" to the
definition of "organized crime group" (i.e. the former definition of "criminal street gang"). The bill also
adds persons who have "authored any communication indicating responsibility for the commission of
any crime by the organized crime group" to the definition of "organized crime member" (i.e. the former
definition of "criminal street gang member"). The bill also creates the following definitions:
"Electronic communication" has the same meaning as provided in s. 934.023 and includes,
but is not limited to, photographs, video, telephone communications, text messages,
3 Section 934.02, F.S., defines "electronic communication" as any transfer of signs, signals, writing, images, sounds, data, or
intelligence of any nature transmitted in whole or in part by a wire, radio, electromagnetic, photoelectronic, or photooptical system
that affects intrastate, interstate, or foreign commerce, but does not include any wire or oral communication; any communication made
through a tone-only paging device; any communication from an electronic or mechanical device which permits the tracking of the
STORAGE NAME: h1363.SSC.doc PAGE: 3
DATE: 3/19/2007
facsimile, electronic mail messages as defined in s. 668.6024, and instant message real-time
communications with other individuals through the Internet or other means.
"Street gangs" are formal or informal ongoing organizations, entities, associations, or groups
consisting of three or more persons with a common name or common identifying signs,
colors, or symbols and two or more members who, individually or collectively, have as one
of their primary activities the commission of criminal or delinquent acts and engage in or
have engaged in a pattern of organized criminal activity.
"Terrorist organization" means any organized criminal group engaged in or organized for the
purpose of engaging in terrorism as defined in s. 775.30. This definition shall not be
construed to prevent prosecution of individuals acting alone under this chapter.
Penaltv Enhancements
Section 874.04, F.S., permits a court to enhance penalties if it finds, by a preponderance of the
evidence, that a defendant committed an offense for the purpose of benefiting, promoting, or furthering
the interests of a criminal street gang.
Effect of the Bill
The bill replaces the term "criminal street gang" with "organized crime group."
Causina. Encouraaina. Solicitina, or Recruitina a Person to Join a Criminal Street Gang
Section 874.05, F.S., makes it third-degree felonl to intentionally cause, encourage, solicit, or recruit a
person to join a criminal street gang that requires as a condition of membership or continued
membership the commission of any crime. Such offense is a second-degree felony6 if it is a second or
subsequent offense.
Effect of the Bill
The bill replaces the term "criminal street gang" and "gang" with "organized crime group."
Forfeiture
Section 874.08, F.S., provides that the following are subject to seizure and forfeiture under the Florida
Contraband Forfeiture Act, s. 932.704, F.S.:
All profits, proceeds, and instrumentalities of criminal street gang activity and criminal street
gang recruitment;
All property used or intended or attempted to be used to facilitate the criminal activity of any
criminal street gang or of any criminal street gang member; and
All property used or intended or attempted to be used to facilitate criminal street gang
recruitment.
Effect of the Bill
The bill replaces the term "criminal street gang" and "gang" with "organized crime group."
FDLE's Gana Database
Section 874.09, F.S., authorizes the Department of Law Enforcement (FDLE) to develop and manage a
statewide criminal street gang database to facilitate exchange of information pursuant to the intent and
purpose of the Act.
Effect of the Bill
The bill authorizes FDLE to:
movement of a person or an object; or electronic funds transfer information stored by a financial institution in a communications
system used for the electronic storage and transfer of funds.
4 Section 668.602, F.S., defines "electronic mail message" as an electronic message or computer file that is transmitted between two or
more telecommunications devices; computers; computer networks, regardless of whether the network is a local. regional, or global
network; or electronic devices capable of receiving electronic messages, regardless of whether the message is converted to hard copy
format after receipt. viewed upon transmission, or stored for later retrieval.
5 A third degree felony is punishable by up to five years imprisonment and a $5,000 fine. ss. 775.082, 775.083, and s. 775.084, F.S.
6 A second-degree felony is punishable by up to 15 years imprisonment and a $10,000 fine. ss. 775.082, 775.083, and 775.084, F.S.
STORAGE NAME: h1363.SSC.doc PAGE: 4
DATE: 3/19/2007
Notify all law enforcement agencies that reports of arrested organized crime group members
or associates shall be entered into the database as soon as the minimum level of data
specified by the department is available to the reporting agency and no waiting period for
the entry of that data exists.
Compile and retain information regarding organized crime groups and their members and
associates in a manner that allows the information to be used by law enforcement and other
agencies deemed appropriate for investigative purposes.
Compile and maintain a history data repository relating to organized crime groups and their
members and associates in order to develop and improve techniques used by law
enforcement agencies and prosecutors in the investigation, apprehension, and prosecution
of members and affiliates of organized crime groups.
The bill also authorizes loeallaw enforcement agencies to:
After carrying out any arrest of any individual whom they believe to be a member or
associate of an organized crime group, create or update that individual's electronic file within
the system.
Notify prosecutors of the accused individual's organized crime group membership or
associate status.
Chapter 874, F.S. - New Sections of Statute
HB 1363 adds the following new sections of statute to chapter 874, F.S.:
Section 874.045. F.S. - Arrest and Prosecution Under Other Provisions
HB 1363 specifies that nothing in chapter 874, F.S., shall prohibit the arrest and prosecution of an
organized crime group member under chapter 8767, chapter 8958, chapter 8969, s. 893.2010, or any
other applicable provision of law except to the extent otherwise prohibited pursuant to a statutory or
constitutional provision.
Section 874.07. F.S. - Communication AmonQ Members or Associates
HB 1363 provides that as a term and condition of probation, parole, conditional release, or community
control, organized crime group members or associates shall not communicate with any other organized
crime group members or associates through any means, except as authorized by law enforcement
officials, prosecutorial authorities, or the court, for the purpose of aiding in the investigation of organized
criminal activity. Organized crime group members or associates violating this section shall be deemed
to have violated their probation, parole, community release, or community control, and the court shall
revoke their probation, parole, conditional release, or community control.
Section 874.10. F.S. - Electronic Communication
HB 1363 makes it a third degree felony for any person to use electronic communication to further any
criminal purpose, to intimidate or harass other persons, or to advertise his or her presence in the
community, including, but not limited to, videotaping criminal activity or threats of criminal activity,
posting images or audio of criminal activity or threats of criminal activity on the Internet, or reproducing
photographs or audio recordings of criminal activity.
Section 874.11. F.S. - Identification Documents: Unlawful Possession or Creation
HB 1363 makes it a second degree felony for any person to possess or manufacture any blank, forged,
stolen, fictitious, fraudulent, counterfeit, or otherwise unlawfully issued identification document in
furtherance of a criminal activity.
The bill provides that the term "identification document" includes, but is not limited to, a social security
card or number, a birth certificate, a driver's license, an identification card pursuant to s. 322.051, F.S.,
7 Criminal Anarchy, Treason, and Other Crimes Against Public Order.
8 Offenses Concerning Racketeering and Illegal Debts.
9 Offenses Related to Financial Transactions.
10 Continuing criminal enterprise.
STORAGE NAME: h1363.SSC.doc
DATE: 3/19/2007
PAGE: 5
a naturalization certificate, an alien registration number, a passport, and any access credentials for a
publicly operated facility or an infrastructure facility covered under 18 U.S.C. s. 2332f.
Section 874.12. F.S. - Grants
HB 1363 requires FDLE to administer organized crime prevention and enforcement grants from funds
specifically appropriated for this purpose. The bill requires that the grants be used solely for the
purpose of funding prevention programs or strengthening enforcement activities, and that funds be
awarded on a competitive basis to applicants who meet department criteria. The bill requires FDLE to
adopt rules pursuant to ss. 120.536(1) and 120.54, F.S., setting forth the grant application process,
eligibility criteria, and performance standards.
C. SECTION DIRECTORY:
Section 1. Amends s. 874.01, F.S., renaming chapter 874, F.S., the "Organized Crime Group
Prevention Act of 2007."
Section 2. Amends s. 874.02, F.S., relating to legislative findings and intent.
Section 3. Amends s. 874.03, F.S., relating to definitions.
Section 4. Amends s. 874.04, F.S., relating to organized criminal activity; enhanced penalties.
Section 5. Creates s. 874.045, F.S., relating to arrest and prosecution under other provisions.
Section 6. Amends s. 874.05, F.S., relating to causing, encouraging, soliciting, or recruiting organized
crime group membership.
Section 7. Creates s. 874.07, F.S., relating to communication among members or associates.
Section 8. Amends s. 874.08, F.S., relating to organized crime group activity and recruitment;
forfeiture.
Section 9. Amends s. 874.09, F.S., relating to crime data information.
Section 10. Creates s. 874.10, F.S., relating to electronic communication.
Section 11. Creates s. 874.11, F.S., relating to identification documents; unlawful possession or
creation.
Section 12. Creates s. 874.12, F.S., relating to grants.
Sections 13 - 22. Amend ss. 435.04, 893.138, 895.02, 921.0022, 921.0024, 921.141, 984.03, 985.03,
985.047, and 985.433, F.S., to correct cross-references and conform terminology.
Section 23. Providing a directive to the Division of Statutory Revision.
Section 24. This bill takes effect July 1, 2007.
II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT
A. FISCAL IMPACT ON STATE GOVERNMENT:
1. Revenues:
None.
STORAGE NAME:
DATE:
h1363.SSC.doc
3/19/2007
PAGE: 6
2. Expenditures:
The Criminal Justice Impact Conference has not yet determined the prison bed impact of this bill.
However, to the extent that the bill creates new felony offenses, there may be a prison bed impact.
FDLE provided the following fiscal analysis:
HB 1363 directs FDLE to administer a grants program to address organized
crime prevention and enforcement efforts. Funds shall be awarded on a
competitive basis to applicants who meet department criteria. FDLE must adopt
rules setting forth the grant application process.
FDLE will incur a recurring fiscal impact of $90,075 for the next three years (for
two Grant Specialist IV FTE positions) and $9,452 in non-recurring costs.
The legislation does not mention the amount of grant funds to be appropriated for
the grant program. Therefore, it is impossible to determine what fiscal impact
Section 874.12 would have on FDLE to implement the grants portion of the
legislation.
Other than the management positions, Office of Criminal Justice Grants positions
are funded from management and administrative funds from federal grant
programs administered. Time spent on the management of this program would
have to be charged against either general revenue or funds appropriated for
organized crime prevention and enforcement grants.
B. FISCAL IMPACT ON LOCAL GOVERNMENTS:
1. Revenues:
According to FDLE's fiscal analysis, because the bill does not define an eligible grant fund
applicant, local units of governments may be eligible for grant funds.
2. Expenditures:
None.
C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:
According to FDLE's fiscal analysis, because the bill does not define an eligible grant fund applicant,
private sector entities may be eligible for grant funds.
D. FISCAL COMMENTS:
The Safety and Security Council chair's proposed budget does not include an appropriation for the
costs FDLE estimates it will incur.
III. COMMENTS
A. CONSTITUTIONAL ISSUES:
1. Applicability of Municipality/County Mandates Provision:
This bill appears to be exempt from the requirements of Article VII, Section 18 of the Florida
Constitution because it is a criminal law.
2. Other:
Terms and Conditions of Supervision
STORAGE NAME: h1363.SSC.doc
DATE: 3/19/2007
PAGE: 7
Section 7 of the bill (lines 236 - 249) provides the following:
As a term and condition of probation, parole, conditional release, or community
control, organized crime group members or associates shall not communicate
with any other organized crime group members or associates through any
means, except as authorized by law enforcement officials, prosecutorial
authorities, or the court, for the purpose of aiding in the investigation of organized
criminal activity. Organized crime group members or associates violating this
section shall be deemed to have violated their probation, parole, community
release, or community control, and the court shall revoke their probation, parole,
conditional release, or community control.
Chapter 948, F.S., entitled "Probation and Community Control," contains a variety of statutes that
establish terms and conditions of probation and community control. Similarly, chapter 947, F.S.,
entitled "Parole Commission," establishes terms and conditions of parole, conditional release, and
control release. To the extent that this section of the bill establishes terms and conditions of probation,
community control, parole, and conditional release, it may be better suited for placement in these
chapters.
The First Amendment to the United States Constitution and article I, section 4 of the Florida
Constitution protect the rights of individuals to express themselves in a variety of ways. The
constitutions protect not only speech and the written word, but also conduct intended to communicate.
The bill makes it a violation of supervision for an organized crime group member to communicate with
another organized crime group member. While there are existing conditions of supervision that prohibit
offenders from associating with people engaged in criminal activities, there are no such conditions that
prohibit an offender from communicating with a particular group of persons. This language may lead to
challenges based on the First Amendment.
As drafted, the bill does not require that an offender knowingly communicate with another organized
crime group member. This issue was addressed in In Interest of D.S., 652 SO.2d 892 (Fla. 4th DCA
1995). In that case, the court imposed a condition of community control barring the offender from
associating with gang members (note that the condition barred associating with gang members rather
than communicating). Recognizing the long-standing rule that probation or community control can only
be revoked upon a willful and substantial violation of a condition, the appellate court held that "although
the imposition of such condition was proper, no violation of that condition could occur unless the
offender knew that the individuals he was associating with were gang members."
The bill states that an organized crime group member who violates the above condition shall be
deemed to have violated their supervision, and the court shall revoke the supervision. Section 948.06,
F.S., specifies that when there are reasonable grounds to believe that an offender has violated the
conditions of supervision, the offender may be arrested and brought before the court. If the violation is
admitted, the court may revoke, modify, or continue the offender's supervision, or place the offender in
community control. If the violation is not admitted, the court may hold what is commonly referred to as
a violation hearing. After such hearing, the court may revoke, modify, or continue the offender's
supervision, or place the offender in community control. The bill, as drafted, appears to take away the
court's sentencing discretion for violations of supervision in that it requires the court to revoke an
offender's supervision.
The issues outlined above could be addressed by the following language:
948.033 Condition of probation or community control: oroanized crime orouP.--
STORAGE NAME:
DATE:
(1) Effective for a probationer or community controllee whose crime was
committed on or after July 1. 2007. and who has been found by a court to have
h 1363.SSC.doc
3/19/2007
PAGE: 8
committed the crime for the ouroose of benefitino, oromotinq, or furtherino the
interests of an oroanized crime orouo, the court shall. in addition to any other
conditions imoosed, imoose a condition orohibitino the orobationer or community
controllee from knowinoly associatino with other oroanized crime orouo members
or associates, exceot as authorized by law enforcement officials, orosecutorial
authorities, or the court, for the ouroose of aidinq in the investioation of oroanized
criminal activity.
Penalty Enhancements
In 1999, the Florida Supreme Court held that s. 874.04, F.S, (providing penalty enhancements if the
court found at sentencing that the defendant was a member of a criminal street gang) was
unconstitutional as a violation of substantive due process because the statute punished gang
membership without requiring any nexus between the criminal activity and gang membership.11 As a
result, the statute was amended so that a defendant's penalty could only be enhanced if the court found
that the defendant committed the charged offense for the purpose of benefiting, promoting, or furthering
the interests of a criminal street gang.
However, in 2000, the United States Supreme Court decided Apprendi v. New Jersey, 530 U.S. 466
(2000), and held that
Other than the fact of a prior conviction, any fact that increases the penalty for a
crime beyond the prescribed statutory maximum must be submitted to a jury, and
proved beyond a reasonable doubt. With that exception, we endorse the
statement of the rule set forth in the concurring opinions in that case: "[I]t is
unconstitutional for a legislature to remove from the jury the assessment of facts
that increase the prescribed range of penalties to which a criminal defendant is
exposed. It is equally clear that such facts must be established by proof beyond a
reasonable doubt." citing Jones v. United States, 526 U.S. 227 at 252-253
(1999).
Thus, pursuant to the United State Supreme Court's decision in Apprendi, the penalty enhancements
provided in s. 874.04, F.S., may be subject to challenge in that the statute requires that the finding be
made by the court rather than a jury, and only requires such finding be made using a "preponderance of
the evidence" standard.
These issues could be addressed with the following language:
874.04 Oroanized criminal street gang activity; enhanced penalties.--Upon a
finding by a iury by the court at sentencing that the defendant committed the
charged offense for the purpose of benefiting; promoting, or furthering the
interests of an oroanized crime qrouo a criminal stroet gang, the penalty for any
felony or misdemeanor, or any delinquent act or violation of law which would be a
felony or misdemeanor of committed by an adult, may be enhanced. Penalty
enhancement affects the aoolicable statutory maximum oenaltv on Iv. Each of the
findings required as a basis for such sentence shall be found beyond a
reasonable doubt by a proponder:mco of tho ovidonco. The enhancement will be
as follows:
B. RULE-MAKING AUTHORITY:
This bill requires FDLE to adopt rules pursuant to ss. 120.536(1) and 120.54, F.S., setting forth the
organized crime prevention and enforcement grant application process, eligibility criteria, and
11 State v. O.C., 748 So.2d 945 (Fla. 1999).
STORAGE NAME: h1363.SSC.doc
DATE: 3/19/2007
PAGE: 9
performance standards. The bill appears to give sufficient rule making authority that is appropriately
limited.
C. DRAFTING ISSUES OR OTHER COMMENTS:
The definition of "organized crime member" (lines 102 - 131) is unclear in that it defines an organized
crime member, in part, as "a person who is a member of an organized crime group." Generally, the
term or phrase being defined should not be used in the definition itself. This issue could be resolved by
using the following language:
"Organized crime member is a person who meets two or more of the following criteria:"
Line 291 authorizes local law enforcement agencies to, after carrying out an arrest of an individual
whom they believe to be a member or associate of an organized crime group, create or update that
individual's electronic file within the system. However, it is unclear what "system" the bill is referring to.
Lines 292 - 293 authorize local law enforcement agencies to "notify the prosecutor of the accused
individual's organized crime group membership or associate status." It is unclear how local law
enforcement officials will be able to definitively determine whether an accused individual is a member of
an organized crime group. This issue could be addressed by authorizing local law enforcement
agencies to "notify the prosecutor of the accused individual's suspected organized crime group
membership or associate status."
Lines 296-305 make it a third degree felony for any person to use electronic communication to further
any criminal purpose, to intimidate or harass other persons, or to advertise his or her presence in the
community, including, but not limited to, videotaping criminal activity or threats of criminal activity,
posting images or audio of criminal activity or threats of criminal activity on the Internet, or reproducing
photographs or audio recordings of criminal activity. It should be noted that there are a variety of
statutes criminalizing harassment regardless of whether the harassment is conducted using electronic
means.12 Additionally, as drafted, the bill makes it a crime for any person to "advertises his or her
presence in the community." The bill does not limit the applicability of the statute to organized crime
group member or to people who advertise an organized crime group's presence in the community.
Lines 317 - 323 makes it a second degree felony for any person to possess or manufacture any blank,
forged, stolen, fictitious, fraudulent, counterfeit, or otherwise unlawfully issued identification document
in furtherance of a criminal activity. It should be noted that simply possessing such documents (without
such possession being in furtherance of a criminal activity) is currently a crime.13 The bill does not limit
the applicability of the statute to organized crime group member who possess such documents.
D. STATEMENT OF THE SPONSOR
No statement submitted.
12 See, e.g., s. 365.16, F.S., making it a second degree misdemeanor to use a telephone in certain ways to harass a person; s. 784.048,
F.S., providing that any person who willfully, maliciously, and repeatedly follows, harasses, or cyberstalks another person commits
the offense of stalking, a misdemeanor of the first degree; s. 810.0975, F.S., providing that any person who does not have legitimate
business in the school safety zone or any other authorization, license, or invitation to enter or remain in the school safety zone who is
engaged in harassment or intimidation of students entering or leaving school property commits a second degree misdemeanor; s.
843.20, F.S., making it a misdemeanor of the first degree for any person to willfully harass, threaten, or intimidate an identifiable
member of a neighborhood crime watch program while such member is engaged in, or traveling to or from, an organized
neighborhood crime watch program activity or a member who is participating in an ongoing criminal investigation, as designated by a
law enforcement officer.
13 See, e.g., s. 322.212, F.S., Unauthorized possession of. and other unlawful acts in relation to, driver's license or identification card.
STORAGE NAME: h1363.SSC.doc PAGE: 10
DATE: 3/19/2007
STORAGE NAME:
DATE:
IV. AMENDMENTS/COUNCIL SUBSTITUTE CHANGES
h 1363.SSC.doc
3/19/2007
PAGE: 11
XII. - LEGAL
ITEM E.1
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned
Meeting Dates in to City Clerk's Office Meeting Dates in to Citv Clerk's Office
0 December 5, 2006 November 20,2006 (Noon.) 0
0 January 2, 2007 December 18, 2006 (Noon) 0 March 5, 2007 February 12,2007 (Noon)
0 January 16,2007 January 2,2007 (Noon) 0 March 20, 2007 March 5, 2007 (Noon)
0 February 13,2007 January 22, 2007 [ZJ April 3, 2007 March 19,2007 (Noon)
0 Announcements/Presenta tions 0 City Manager's Report
NATURE OF 0 Administrative 0 New Business
AGENDA ITEM 0 Consent Agenda [ZJ Legal
0 Code Compliance & Legal Settlements 0 UnfInished Business
0 Public Hearing 0
RECOMMENDATION:
Consider revision to the procedure for authorization of the Community Investment Funds.
EXPLANATION:
Over the past several years, a wide variety of activities benefIting the community have
been funded by Community Investment Funds. More recently, the policy for use of these
funds has become more liberal with the underlying test still being whether the expenditure
serves a public purpose. Since the determination of public purpose is reserved to the City
Commission, a recommendation for different procedure is attached. The City auditors
have reviewed the new procedure and fInd that it would provide adequate controls over
these transactions.
PROGRAM IMPACT:
The new procedure would eliminate the need for administrative research as it would be
presumed that a member of the Commission would not move a request forward without
being personally satisfied that the use of funds serves a public purpose.
FISCAL IMPACT:
N/A
ALTERNATIVES: Not approve the change to the Community Investment Funds procedure and remain with
~ tho "''' of Conunuoity hw"tnrent Fond, that~'"
Department Head's Signature " City anager's Signature
Assistant to City Manager
~
City Attorney
Department Name
City Attorney I Finance
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
CITY OF BOYNTON BEACH
OFFICE OF THE CITY ATTORNEY
MEMORANDUM
TO:
Mayor Jerry Taylor
Members of the City Commission
CC:
Kurt Bressner, City Manager
James A. Cherof, City Attome~
Use of Community Investment Funds
FROM:
RE:
DATE:
March 20, 2007
Over the past several years, a wide variety of activities benefiting the community have been
funded by Community Investment Funds. The original policy guidelines used to evaluate the
public benefit required significant administrative review and follow-up to determine the
appropriateness of the use of funds. More recently, the policy for use of these funds has become
more liberal with the underlying test still being whether the expenditure serves a public purpose.
Since the determination of public purpose is reserved to the City Commission, I would
recommend a different procedure for allocating Community Investment Funds:
1. When an individual member of the Commission identifies a need for use of Community
Investment Funds, the member's request will be placed on the Consent Agenda for approval.
Unless pulled from the agenda the expenditure will be approved with the implied finding that the
use serves a public purpose.
2. Any member of the Commission may pull the Consent item for the purpose of further
discussing the public purpose and/or appropriateness of the expenditure. Following discussion
the review shall conclude with either a motion to approve or a motion to deny. A motion to
approve contains the implied finding that the use serves a public purpose.
The foregoing procedure would eliminate the need for administrative research as it would be
presumed that a member of the Commission would not move a request forward without being
personally satisfied that the use of funds serves a public purpose.
s:\ca\memorandum\comm (community investment funds).doc