Agenda 02-15-11 Searchable
The City of
100 E. Boynton Beach Boulevard ● (561) 742-6000
Boynton Beach
Boynton Beach
TUESDAY, FEBRUARY 15, 2011
6:30 PM
FINAL AGENDA
City Commission
AGENDA
Jose Rodriguez
Mayor – At Large
Marlene Ross
Vice Mayor – District IV
William Orlove
Commissioner – District I
Woodrow Hay
Commissioner – District II
Steven Holzman
Commissioner – District III
Kurt Bressner
City Manager
James Cherof
City Attorney
Janet M. Prainito
City Clerk
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WELCOME
Thank you for attending the City Commission Meeting
GENERAL RULES & PROCEDURES FOR PUBLIC PARTICIPATION AT
CITY OF BOYNTON BEACH COMMISSION MEETINGS
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.
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, as hereinafter described.
City Commission meetings are business meetings and, as such, the Commission retains the right to
impose time limits on the 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 – Time Limit – Three (3) Minutes
Regular Agenda Items:
Any citizen may speak on any official agenda item(s) listed on the
agenda after a motion has been made and properly seconded, with the exception of Consent
Agenda Items that have not been pulled for separate vote, reports, presentations and first
reading of Ordinances – Time Limit – Three (3) minutes
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 who disputes the meeting while addressing the Commission may be ordered by the
presiding officer to cease further comments and/or to step down from the podium. Failure to
discontinue comments or step down when so ordered shall be treated as a continuing disruption of the
public meeting. An order by the presiding officer issued to control the decorum of the meeting is
binding, unless over-ruled by the majority vote of the 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).
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1. OPENINGS
A. Call to order - Mayor Jose Rodriguez
B. Invocation
C. Pledge of Allegiance to the Flag led by Commissioner Holzman
D. Agenda Approval:
1. Additions, Deletions, Corrections
2. Adoption
2. OTHER
A. Informational Items by Members of the City Commission
3. ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS
A. Presentation of Certificates of Appreciation to Park Vista High School Band Members,
the Town of Ocean Ridge and City of Boynton Beach Employees who have donated
their time and service to support our adopted military unit, the Delta Demons of the
101st Airborne Division. With Special Thanks to the SandSifters, Ms. Latham's 2nd
grade class at Poinciana Elementary, the Boynton Beach Republican Club and the
AfterSchool Students at the Art Center.
B. General Election Proclamation - March 8, 2011 - presented by Mayor Jose Rodriguez
4. 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)
5. ADMINISTRATIVE
A. Appoint eligible members of the community to serve in vacant positions on City
advisory boards
6. 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. Approve the Minutes from the City Commission meeting held on February 1, 2011.
B. PROPOSED RESOLUTION NO. R11-015 - Approve an Agreement with SageView
Advisory Group, Inc. to provide a review of the Nationwide and ICMA 457(b) deferred
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compensation plans that the City offers to employees for their personal retirement
savings plans at no cost to the City of Boynton Beach.
C. PROPOSED RESOLUTION NO. R11-027 - Approve an Agreement for Water Service
Outside of the City Limits with OK Seahorse LLLP, for the property located at 4001 N.
Ocean Blvd., Delray Beach, FL 33483
D. PROPOSED RESOLUTION NO. R11-028 - Approve the Second Amendment to the
Interlocal Agreement (ILA) between the City and the Board of County Commissioners
that authorized the City to receive funding as a partner in the continued planning and
implementation of the Youth Violence Prevention Program (YVPP) through December
31, 2010, extending the term to March 31, 2011
E. PROPOSED RESOLUTION NO. R11-029 - Adopt the City of Boynton Beach's
Community Development Block Grant (CDBG) Substantial Plan Amendment to
facilitate acceptance of NSP-3 Funding.
F. Accept the written report to the Commission for purchases over $10,000 for the month
of January 2011.
7. BIDS AND PURCHASES OVER $100,000
A. PROPOSED RESOLUTION NO. R11-030 - Approve the piggy-back of the Sheriff's
Contract for the purchase of new and replacement vehicles as approved in the FY
2010/11 Budget in the amount of $536,630 from various vendors
B. PROPOSED RESOLUTION NO. R11-031 - Accept a FEMA Fire Act Grant award in
the amount of $138,880.00 for grant #EMW-2010-FO-06789 with a required city
match of $34,720.00 and authorizing the expenditure of the entire program amount of
$173,600.00 for the purchase of Firefighter Safety and Survival Equipment (RIT
Packs) and the purchase and installation of "Direct Capture" diesel filtering equipment
for 18 diesel powered apparatus in the current fire department fleet as described in
the grant application and award notification.
8. CODE COMPLIANCE & LEGAL SETTLEMENTS
None
9. PUBLIC HEARING
7 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. PROPOSED ORDINANCE NO. 11-002 - FIRST READING - Approve the
establishment of a zoning overlay (CDRV 11-001) for the general vicinity of Ocean
Avenue, between the F.E.C. Railroad and Seacrest Boulevard, modifying the Land
Development Regulations by establishing revised development standards and uses
consistent with, and implementing the vision contained within the Downtown Master
Plan. Applicant: City initiated
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B. PROPOSED ORDINANCE NO. 11-008 - FIRST READING - Approve the
abandonment of 18.2-foot wide unimproved alley located between West Ocean
Avenue and SW 1st Avenue, extending to Seacrest Boulevard from SW 2nd Street.
Applicant: City initiated. STAFF RECOMMENDS ITEM BE TABLED TO THE MARCH
15TH MEETING to allow time to further discuss and resolve issues raised at the
Board hearing and/or recently identified involving alternative access, access
easements, property maintenance and liability. Date certain tabling will ensure that the
required legal ads/public notices are preserved.
10. CITY MANAGER’S REPORT
None
11. UNFINISHED BUSINESS
None
12. NEW BUSINESS
None
13. LEGAL
A. PROPOSED ORDINANCE NO. 11-003 - SECOND READING - Approve revision of
Chapter 15-8 titled "Noise Control" (Exhibit "A")
B. PROPOSED ORDINANCE NO. 11-004 - SECOND READING - Approve an
Ordinance titled "Live Entertainment Permits"
C. PROPOSED ORDINANCE NO. 11-006 - SECOND READING - Approve establishing
an Historic Preservation Property Tax Exemption Program for the City of Boynton
Beach
D. PROPOSED ORDINANCE NO. 11-007 - SECOND READING - Amend Land
Development Regulations Chapter 1, Article VII Administrative and Decision Making
Bodies, Section 4. Historic Resources Preservation Board, paragraph B.
Establishment, Composition and Terms, revising the second sentence stating that
“Members need not reside or have a principal place of business in the City"
E. PROPOSED ORDINANCE NO. 11-009 - FIRST READING of proposed Ordinance
establishing a CRA Board comprised of the members of the City Commission plus two
other members appointed by the City Commission
F. PROPOSED ORDINANCE NO. 11-010 - FIRST READING of proposed Ordinance
appointing two (2) additional members to the Boynton Beach Community
Redevelopment Board
14. FUTURE AGENDA ITEMS
A. Discussion of local transportation options - 03/01/11
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B. Geographic boundaries for City of Boynton Beach voting districts - 3/01/11
C. Charter Review Committee - 3/01/11
D. Amendment to Police Officers' Pension Trust Fund - 03/01/11
E. City of Boynton Beach Green Building Program Ordinance - 03/01/11
F. Consider recommendation for proposed renaming of Veteran's Park, Boat Club Park
and Veteran's Bicentennial Park - 03/01/11
G. Recommendation from the Recreation & Parks Advisory Board regarding conversion
of Pence Park into a dog park - 03/01/11
H. Budget Status Report - Month ended January 31, 2011 - 03/01/11
I. Climate Action Plan Implementation Status Report - 3/15/11
J. Sister Cities Presentation - 03/15/11
K. Police Complex -- Discussion of project timing, scope, location and funding
alternatives available (TBA)
L. Discussion of a proposed committee to be assigned to explore a Green Market for the
City of Boynton Beach in 2011 - TBD
15. ADJOURNMENT
NOTICE
IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE CITY COMMISSION WITH RESPECT TO ANY
MATTER CONSIDERED AT THIS MEETING, 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 AUXILIARY AIDS AND SERVICES WHERE NECESSARY TO AFFORD
AN INDIVIDUAL WITH A DISABILITY AN EQUAL OPPORTUNITY TO PARTICIPATE IN AND ENJOY THE BENEFITS
OF A SERVICE, PROGRAM, OR ACTIVITY CONDUCTED BY THE CITY. PLEASE CONTACT THE CITY CLERK'S
OFFICE (561) 742-6060 AT LEAST TWENTY-FOUR HOURS PRIOR TO THE PROGRAM OR ACTIVITY IN ORDER
FOR THE CITY TO REASONABLY ACCOMMODATE YOUR REQUEST.
ADDITIONAL AGENDA ITEMS MAY BE ADDED SUBSEQUENT TO THE PUBLICATION OF THE AGENDA ON THE
CITY'S WEB SITE. INFORMATION REGARDING ITEMS ADDED TO THE AGENDA AFTER IT IS PUBLISHED ON
THE CITY'S WEB SITE CAN BE OBTAINED FROM THE OFFICE OF THE CITY CLERK.
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ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS
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RACC:Presentation of Certificates of Appreciation to Park Vista
EQUESTED CTION BY ITY OMMISSION
High School Band Members, the Town of Ocean Ridge and City of Boynton Beach Employees who
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have donated their time and service to support our adopted military unit, the Delta Demons of the 101
nd
Airborne Division. With Special Thanks to the SandSifters, Ms. Latham's 2 grade class at Poinciana
Elementary, the Boynton Beach Republican Club and the AfterSchool Students at the Art Center.
ER:
On February 18, 2003, the City Commission, by resolution, re-affirmed
XPLANATION OF EQUEST
ndthst
the City Of Boynton Beach’s support of Company D, 2 Battalion, 327 Infantry Regiment of the 101
st
Airborne Division Air Assault, a.k.a. DELTA DEMONS. Based out of Ft. Campbell, Kentucky the 101
Airborne Division (Air Assault) deploys within 36 hours worldwide as part of a joint multinational or
unilateral task force to destroy enemy forces or seize and retain terrain, to control land, people, and
resources.
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Since 2003, the Delta Demons are now in their 4 deployment in Afghanistan, which began in May
2010. The City of Boynton Beach has supported our adopted soldiers through every deployment with
cards, drawings, banners, phone cards and care packages. The City would like to recognize and thank
volunteers who have donated their time and service in helping to support the Delta Demons through
this current deployment.
The Park Vista High School Band, spearheaded by student Spencer Howett and with the support of the
City Manager’s Office, launched their own community service care package drive and packing party to
send packages to the Delta Demons during the holidays.
The SandSifters hosted a very successful care package donation drive at one of their summer beach
cleanups. The Mayor’s Office with the Town of Ocean Ridge also held a care package donation drive
to benefit the Delta Demons.
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Ms. Latham’s 2 grade class at Poinciana Elementary and the students at the Boynton Beach Art
Center made holiday cards with beautiful drawings and encouraging messages to send with phone
cards during the holiday season. The Art Center students also painted the banner that was displayed
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for signatures at the 2010 July 4 celebration at Intercoastal Park. The Boynton Beach Republican
Club donated $300 to the care package fund.
And city employee volunteers have been continuously collecting donations, attending packing parties
and helping with the overall organization of support efforts.
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To date, the Delta Demons have received 100 care packages, 50 international phone cards, a 4 of
July Banner signed by the citizens of Boynton Beach, and numerous cards and drawings created by
grade school students.
H?
By awarding Certificates of Appreciation to
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
our volunteers, the City formally recognizes and gives thanks for their service.
FI: .
None
ISCAL MPACT
A: .
Not to allow presentation
LTERNATIVES
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ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS
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RACC:General Election Proclamation - March 8, 2011 -
EQUESTED CTION BY ITY OMMISSION
presented by Mayor Jose Rodriguez
ER: On February 8, 2011, the qualifying period for candidates for
XPLANATION OF EQUEST
Commissioner-District 2 and Commissioner-District 4 closed. There are two candidates for
Commissioner-District 2 and two candidates for Commissioner-District 4.
On March 8, 2011 we will conduct a general election to fill the seats of one Commissioner from
District 2 and one Commissioner from District 4. This Proclamation declares all of the polling
locations that will be active on Election Day.
H? The residents will elect the policymakers
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
for the City of Boynton Beach for the next three years.
FI: N/A
ISCAL MPACT
A: There is no alternative to having this election. Our elected officials serve
LTERNATIVES
three-year terms and those terms will expire in March 2011.
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PROCLAMATION
I, Jose Rodriguez, Mayor of the City of Boynton Beach, Florida, do hereby proclaim that a General
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Election will be held in the City of Boynton Beach, Palm Beach County, Florida, on the 8 day of March
2011 to elect one Commissioner from District 2 and one Commissioner from District 4 to serve a three-
year term.
The voting hours are between 7:00 a.m. and 7:00 p.m. on said date. Polling places are hereby
designated as follows:
VOTING LOCATIONS
PRECINCT 3098 FREEDOM SHORES ELEMENTARY SCHOOL
3400 HYPOLUXO ROAD
PRECINCT 3100 LAKE WORTH CHRISTIAN SCHOOL
7592 HIGH RIDGE ROAD
PRECINCT 3101 BOYNTON LAKES CLUBHOUSE
100 REDFORD DRIVE
PRECINCT 3102 NEWPORT PLACE
TH
4735 NW 7 COURT
PRECINCT 3122 SANTALUCES HIGH SCHOOL
6880 LAWRENCE ROAD
PRECINCT 3126 BOYNTON BEACH FIRE STATION #3
3501 N CONGRESS AVENUE
PRECINCT 3128 TOUSSAINT L’OVERTURE
1325 GATEWAY BLVD.
PRECINCT 3129 TOUSSAINT L’OVERTURE
1325 GATEWAY BLVD.
PRECINCT 3130 BOYNTON BEACH HIGH SCHOOL
4975 PARK RIDGE BLVD.
PRECINCT 3131 TOUSSAINT L’OVERTURE
1325 GATEWAY BLVD.
PRECINCT 3140 BOYNTON BEACH HIGH SCHOOL
4975 PARK RIDGE BLVD.
PRECINCT 4030 BOYNTON BEACH BOAT CLUB PARK
ST
US HWY #1 & NE 21 AVENUE
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PRECINCT 7114 EZELL HESTER COMMUNITY CENTER
1901 NORTH SEACREST BLVD.
PRECINCT 7116 VILLAGE ROYALE ON THE GREEN
ND
2505 NE 2 STREET
PRECINCT 7120 ST. JOHN MISSIONARY BAPTIST CHURCH
900 N. SEACREST BLVD.
PRECINCT 7122 BOYNTON BEACH BOAT CLUB
ST
US HWY 1 & NE 21 AVENUE
PRECINCT 7124 BOYNTON BEACH CONGREGATIONAL CHURCH
115 NORTH FEDERAL HIGHWAY
PRECINCT 7126 BOYNTON BEACH BOAT CLUB
ST
US HWY 1 & NE 21 AVENUE
CITY OF BOYNTON BEACH
____________________________________________
JOSE RODRIGUEZ, MAYOR
ATTEST:
_______________________________________
JANET M. PRAINITO, MMC
CITY CLERK
(Corporate Seal)
2/8/2011 12:04 PM
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ADMINISTRATIVE
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RACC:Appoint eligible members of the community to serve in
EQUESTED CTION BY ITY OMMISSION
vacant positions on City advisory boards
ER: The attached list contains the names of those who have applied for
XPLANATION OF EQUEST
vacancies on the various Advisory Boards. A list of vacancies is provided with the designated
Commission member having responsibility for the appointment to fill each vacancy.
H? Appointments are necessary to keep our
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
Advisory Boards full and operating as effectively as possible.
FI: None
ISCAL MPACT
A: Allow vacancies to remain unfilled.
LTERNATIVES
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Appointment Length of Term
To Be Made Board Expiration Date
Mayor Rodriguez Arts Commission Alt 1 yr term to 12/11 Tabled (3)
III Holzman Bldg. Bd. of Adj & Appeals Alt 1 yr term to 12/11 Tabled (2)
IV Ross Bldg. Bd. Of Adj & Appeals Reg 3 yr term to 12/12 Tabled (2)
II Hay Cemetery Board Reg 3 yr term to 12/13 Tabled (2)
I Orlove Cemetery Board Alt 1 yr term to 12/11 Tabled (3)
II Hay Community Relations Board Alt 1 yr term to 12/11 Tabled (2)
III Holzman Community Relations Board Alt 1 yr term to 12/11 Tabled (2)
II Hay Education & Youth Advisory Board Stu 1 yr term to 12/11
I Orlove Education & Youth Advisory Board Stu N/V 1 yr term to 12/11
Mayor Rodriguez Financial Advisory Committee Reg 3 yr term to 6/13 Tabled (2)
I Orlove Financial Advisory Committee Alt 1 yr term to 6/11 Tabled (2)
IV Ross Firefighters Pension Trust Fund Reg 4 yr term to 12/14 Tabled (2)
Mayor Rodriguez Library Board Alt 1 yr term to 12/11 Tabled (3)
Mayor Rodriguez Planning and Development Board Alt 1 yr term to 12/11 Tabled (2)
III Holzman Planning and Development Board Alt 1 yr term to 12/11 Tabled (3)
IV Ross Recreation & Parks Board Alt 1 yr term to 12/11 Tabled (2)
I Orlove Veterans Commission Alt 1 yr term to 12/11 Tabled (2)
II Hay Veterans Commission Alt 1 yr term to 12/11 Tabled (2)
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APPLICANTS ELIGIBLE FOR APPOINTMENT ON 02/15/11
stndrd
Last Name First Name 1 Choice 2 Choice 3 Choice
NONE
Alternates:
Terry Lonergan Alternate Financial Advisory Committee
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CONSENT AGENDA
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RACC:Approve the Minutes from the City Commission meeting
EQUESTED CTION BY ITY OMMISSION
held on February 1, 2011.
The City Commission met on February 1, 2011 in a regular meeting and minutes were
prepared from the notes taken at the meeting. The Florida Statutes provide that minutes of all
Commission meetings be prepared, approved and maintained in the records of the City of
Boynton Beach.
H? A permanent record of the actions taken
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
by the City Commission will be maintained as a permanent record.
FI: N/A
ISCAL MPACT
A: N/A
LTERNATIVES
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CONSENT AGENDA
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RACC:PROPOSED RESOLUTION NO. R11-015 - Approve an
EQUESTED CTION BY ITY OMMISSION
Agreement with SageView Advisory Group, Inc. to provide a review of the Nationwide and ICMA 457(b)
deferred compensation plans that the City offers to employees for their personal retirement savings
plans at no cost to the City of Boynton Beach.
ER: SageView Advisory Group, a partner of Willis of FL, the City’s
XPLANATION OF EQUEST
benefit consultants, proposes to perform the following scope of services at no cost to the City
or to the Plans:
Review the wide range of investment options (platforms) offered by Nationwide and
ICMA (providers) for our employees to choose from for retirement savings.
Evaluate the investments offered to employees by both Nationwide and ICMA.
Review the plan costs associated with each provider that are charged to participants
(not the City) as fees for some of their investment choices.
SageView will provide a report with recommendations for any potential opportunity to reduce
fees or improve the quality of the investments offered in the plans.
The Commission tabled this item at the January 18, 2011 meeting due to the fact that the
proposed SageView Agreement contained two (2) provisions not favored by the City Attorney
or Risk Manager; the hold harmless (indemnification) clause and the arbitration clause.
SageView revised the proposed agreement and both of those provisions are no longer
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included in the Agreement. The City Attorney and Risk Manager are supportive of the revised
Agreement.
H? There is no impact to City programs or
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
services.
This review will provide an analysis of the participants’ plan costs and provide
recommendations that are in the best interest of the City employees. The review may provide
an opportunity to reduce the plan costs to the City employees and/or improve the investments
offered within the plans.
FI: There is no fiscal impact to the City since:
ISCAL MPACT
There are no plan costs to the City; only to the employees.
There is no cost to conduct this complimentary review.
A: Do not approve the review of the City’s 457 plans as proposed.
LTERNATIVES
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RESOLUTION NO. R11-
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
BOYNTON BEACH, FLORIDA, APPROVING AND AUTHORIZING THE
CITY MANAGER TO EXECUTE AN AGREEMENT WITH SAGEVIEW
ADVISORY GROUP, INC., TO PERFORM A NO-COST CONSULTING
PROGRAM TO REVIEW THE 457B PLATFORMS OF NATIONWIDE AND
ICMA; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS,
Willis Retirement Services (SageView Advisory Group) is proposing to review, at
no cost to the City, the City’s 457b plans and provide feedback on investments offered to employees as
well as the fees charged to participants and the City; and
WHEREAS,
upon recommendation of staff, the City Commission has determined that it is in the
best interests of the residents of the City to enter into a no-cost Agreement with SageView Advisory
Group, Inc., to perform a complimentary review of the current plan costs and investments offered in the
ICMA and Nationwide 457b platforms for employee retirement savings plans.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY
OF BOYNTON BEACH, FLORIDA, THAT:
Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as being true and
correct and are hereby made a specific part of this Resolution upon adoption hereof.
Section 2. The City Commission hereby approves and authorizes the City Manager to enter
into a no-cost Agreement with SageView Advisory Group, Inc., to perform a complimentary review of
the current plan costs and investments offered in the ICMA and Nationwide 457b platforms for
employee retirement savings plans, a copy of the Agreement is attached hereto as “Exhibit A.”
Section 3. This Resolution shall become effective immediately upon passage.
PASSED AND ADOPTED
this _____ day of February, 2011.
CITY OF BOYNTON BEACH, FLORIDA
______________________________
Mayor – Jose Rodriguez
______________________________
Vice Mayor – Marlene Ross
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______________________________
Commissioner – William Orlove
_______________________________
Commissioner – Woodrow L. Hay
_______________________________
Commissioner – Steven Holzman
ATTEST:
_________________________
Janet M. Prainito, MMC
City Clerk
(Corporate Seal)
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6. C
CONSENT AGENDA
February 15, 2011
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD: February 15, 2011
OMMISSION EETING ATE
O PH
PENINGSUBLIC EARING
O CM’R
THERITY ANAGERS EPORT
A/P UB
NNOUNCEMENTSRESENTATIONSNFINISHED USINESS
NO
ATURE F
A NB
DMINISTRATIVEEW USINESS
AI
GENDA TEM
CA L
ONSENT GENDAEGAL
BP$100,000 FAI
IDS AND URCHASES OVER UTURE GENDA TEMS
CCL
ODE OMPLIANCE AND EGAL
S
ETTLEMENTS
RACC:PROPOSED RESOLUTION NO. R11-027 - Approve an
EQUESTED CTION BY ITY OMMISSION
Agreement for Water Service Outside of the City Limits with OK Seahorse LLLP, for the property located
at 4001 N. Ocean Blvd., Delray Beach, FL 33483
ER: OK Seahorse LLLP (Seahorse) is the current owner of four (4)
XPLANATION OF EQUEST
parcels located at 4001 N. Ocean Blvd., Delray Beach, in what is presently an unincorporated
portion of Palm Beach County. Seahorse is planning to construct four (4) residential units on
those same parcels, and will be extending a fire hydrant line, water services, and sewer
services to the parcels for the purpose of obtaining these necessary services.
The subject parcels, and others in the vicinity, are now being considered for annexation by the
Town of Gulfstream later this year.
H? No affect. The City Utilities Department
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
already maintains water and sewer mains in the subject area.
FI: None. All development-related costs for line extensions will be borne by the
ISCAL MPACT
developer.
A: None. The City Utilities Department is the sole provider of water and sewer
LTERNATIVES
services in the subject area.
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RESOLUTION NO. R11-
A RESOLUTION OF THE CITY OF BOYNTON BEACH,
FLORIDA, AUTHORIZING AND DIRECTING EXECUTION OF
AN AGREEMENT FOR WATER SERVICE OUTSIDE THE CITY
LIMITS AND COVENANT FOR ANNEXATION BETWEEN THE
CITY OF BOYNTON BEACH AND OK SEAHORSE LLLP;
PROVIDING AN EFFECTIVE DATE.
WHEREAS,
the subject property is located outside of the City limits, but within our water and
sewer service area, located at 4001 N. Ocean Blvd., Delray Beach, FL 33483 (PCN: 00-43-45-34-37-
000-0000); and
WHEREAS
, the four (4) parcels covered by this agreement currently are presently an
unincorporated portion of Palm beach County; and
WHEREAS, the owner is planning to construct four (4) residential units on thes3 parcels and
will be extending a fire hydrant line, water services and sewer services to the parcels.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY
OF BOYNTON BEACH, FLORIDA, THAT:
Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as being true
and correct and are hereby made a specific part of this Resolution upon adoption hereof.
Section 2. The City Commission hereby authorizes and directs the City Manager to execute
a Water Service Agreement between the City of Boynton Beach, Florida and OK Seahorse LLLP, a
copy of said Agreement is attached hereto as Exhibit "A".
Section 3. This Resolution shall become effective immediately upon passage.
PASSED AND ADOPTED this _____ day of February, 2011.
CITY OF BOYNTON BEACH, FLORIDA
______________________________
Mayor – Jose Rodriguez
_______________________________
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Vice Mayor – Marlene Ross
_______________________________
Commissioner – William Orlove
________________________________
Commissioner – Woodrow L. Hay
_______________________________
Commissioner – Steven Holzman
ATTEST:
___________________
Janet M. Prainito, M MC
City Clerk
(Corporate Seal)
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6. D
CONSENT AGENDA
February 15, 2011
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD: February 15, 2011
OMMISSION EETING ATE
O PH
PENINGSUBLIC EARING
O CM’R
THERITY ANAGERS EPORT
A/P UB
NNOUNCEMENTSRESENTATIONSNFINISHED USINESS
NO
ATURE F
A NB
DMINISTRATIVEEW USINESS
AI
GENDA TEM
CA L
ONSENT GENDAEGAL
BP$100,000 FAI
IDS AND URCHASES OVER UTURE GENDA TEMS
CCL
ODE OMPLIANCE AND EGAL
S
ETTLEMENTS
RACC:PROPOSED RESOLUTION NO. R11-028 - Approve the
EQUESTED CTION BY ITY OMMISSION
Second Amendment to the Interlocal Agreement (ILA) between the City and the Board of County
Commissioners that authorized the City to receive funding as a partner in the continued planning and
implementation of the Youth Violence Prevention Program (YVPP) through December 31, 2010,
extending the term to March 31, 2011
ER: The original Interlocal Agreement (ILA) that provided funding for
XPLANATION OF EQUEST
the YVPP was available through the County’s Criminal Justice Commission (CJC) and expired
in September 30, 2009. Since no additional funding was available, the CJC was able to
secure ARRA (American Recovery and Reinvestment Act) funding through the Edward Byrne
Memorial Justice Assistance Grant (JAG) Program. This provided funding for the program
through September 31, 2010.
The First Amendment to the ILA, which was approved by the City Commission at the
September 21, 2010 meeting, extended the term to December 31, 2010. However, providers
who render the various programs that are part of the YVPP still have an unexpended fund
balance available from the grant, which allows us to continue to offer the program through the
end of March. Accordingly, the ILA is being changed to extend the term to March 31, 2011.
H? The amendment to the ILA will allow us to
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
continue to offer the YVPP program through March 31, 2011.
FI: None. Funding for this program has already been approved. The
ISCAL MPACT
amendment to the ILA simply extends the contract term for three additional months.
A: Do not approve the amendment to the ILA.
LTERNATIVES
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RESOLUTION R11-
A RESOLUTION OF THE CITY OF BOYNTON BEACH,
FLORIDA, APPROVING AND AUTHORIZING THE CITY
MANAGER TO EXECUTE A SECOND AMENDMENT TO
INTERLOCAL AGREEMENT BETWEEN THE CITY OF
BOYNTON BEACH AND PALM BEACH COUNTY TO
CONTINUE IMPLEMENTATION OF THE YOUTH VIOLENCE
PREVENTION PROJECT UNTIL MARCH 31, 2011; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS,
the Palm Beach County Board of County Commissioners directed the Criminal
Justice Commission to develop a Youth Violence Prevention Program which would address the increase
in violent firearms crimes; and
WHEREAS
, the Criminal Justice Commission was able to secure funding through the Edward
Byrne Memorial Justice Assistance grant which funded the YVPP program through September 30,
2010; and
WHEREAS,
the program has had one extension due to the change in funding source and the
transition of the program from the Police Department to the Recreation & Parks Department which
caused a slight delay in the implementation of the program and allowed the City to continue to offer the
program through the end of December, 2010; and
WHEREAS
, Providers who render the various programs that are part of the YVPP still have an
unexpended fund balance available from the Grant which allows the City to offer the program through
the end of March; and
WHEREAS,
the City Commission of the City of Boynton Beach upon recommendation of staff,
deems it to be in the best interest of the citizens of the City of Boynton Beach to approve and authorize
the City Manager to execute a Second Amendment to the Interlocal Agreement with Palm Beach
County to continue implementation of the Youth Violence Prevention Program in the City of Boynton
Beach through March 31, 2011.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY
OF BOYNTON BEACH, FLORIDA, THAT:
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Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as being true
and correct and are hereby made a specific part of this Resolution upon adoption hereof.
Section 2. Upon recommendation of staff, this Commission does hereby authorize execution
of a Second Amendment to the Interlocal Agreement between the City of Boynton Beach and Palm
Beach County to continue implementation of the Youth Violence Prevention Program in the City of
Boynton Beach through March 31, 2011, a copy of said Second Amendment is attached hereto and
made a part hereof as Exhibit “A”.
Section 3. That this Resolution shall become effective immediately upon passage.
PASSED AND ADOPTED
this _____ day of February, 2011.
CITY OF BOYNTON BEACH, FLORIDA
_____________________________
Mayor – Jose Rodriguez
_____________________________
Vice Mayor – Marlene Ross
_____________________________
Commissioner – William Orlove
_____________________________
Commissioner – Woodrow L. Hay
_____________________________
ATTEST: Commissioner – Steven Holzman
_________________________
Janet M. Prainito, MMC
City Clerk
(Corporate Seal)
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6. E
CONSENT AGENDA
February 15, 2011
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD: February 15, 2011
OMMISSION EETING ATE
O PH
PENINGSUBLIC EARING
O CM’R
THERITY ANAGERS EPORT
A/P UB
NNOUNCEMENTSRESENTATIONSNFINISHED USINESS
NO
ATURE F
A NB
DMINISTRATIVEEW USINESS
AI
GENDA TEM
CA L
ONSENT GENDAEGAL
BP$100,000 FAI
IDS AND URCHASES OVER UTURE GENDA TEMS
CCL
ODE OMPLIANCE AND EGAL
S
ETTLEMENTS
RACC:PROPOSED RESOLUTION NO. R11-029 - Adopt the
EQUESTED CTION BY ITY OMMISSION
City of Boynton Beach's Community Development Block Grant (CDBG) Substantial Plan Amendment to
facilitate acceptance of NSP-3 Funding.
EXPLANATION:
The City of Boynton Beach has been notified that it has been given an additional
allocation of funds under Section 2301 (B) of the Housing and Economic Recovery Act of 2008, as
amended. This additional allocation is provided under Section 1497 of the Wall Street Reform and
Consumer Protection Act of 2010, for the purpose of assisting in the redevelopment of abandoned and
foreclosed homes. The program known as The Neighborhood Stabilization Program-3 (NSP-3) is a
continuation of the NSP-1 allocation provided to the City of Boynton Beach in 2008.
The Neighborhood Stabilization Program (NSP-3), allows entitlement communities to purchase eligible
properties that must be located in areas of greatest need based upon number of homes in foreclosure,
number of homes with subprime mortgages, and areas likely to rise in foreclosures.
HUD has designed a mapping tool which determines the areas of greatest need which must have an
individual or average combined index score for the grantee’s identified target geography that is not less
than the lesser of 17 or the twentieth percentile most needy score in an individual state. HUD provides
the minimum threshold for each state. If more than one neighborhood is identified in the Action Plan,
HUD will average the neighborhood NSP-3 scores, weighting the scores by the estimated number of
housing units in each identified neighborhood. HUD also requires that NSP-3 grantees need to identify
target areas that are small enough so that their NSP-3 investment will make an impact in those areas
and help to stabilize the areas. The NSP-3 area is also selected by the use of a minimum impact score
calculated by HUD. The map showing the eligible areas for NSP-3 using these criteria is attached.
PROGRAM IMPACT:
Measureable short term outcomes for NSP-3 may include, but are not limited to
the following:
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Arresting the decline in home values based upon average sale prices in targeted neighborhoods
and
Reduction or elimination of vacant and abandoned residential property in targeted
neighborhoods,
The long term outcomes may include, but are not limited to the following:
Increased sales of residential property in targeted neighborhoods, and
Increased median market values of real estate in targeted neighborhoods
The following census tracts have been selected by staff for further HUD approval:
61.00 – For down payment assistance to purchasers of dwellings located in the Ocean Breeze
Project
62.01 and 62.03 – For the purchase and rehabilitation of a minimum of five (5) abandoned and
foreclosed upon properties
FISCAL IMPACT:
The City of Boynton Beach anticipates receiving $1,168,808. NSP expenditures
.
require that 50% be expended in two years, and 100% expended in three years
Anticipated Budget:
Activity 1 – Purchase and Rehabilitation of 3 units $559,726
Activity 2 – Purchase and Rehabilitation of 2 units available $292,202
to persons at or below median income
Activity 3 - Financing Mechanism for Units for the Ocean Breeze Project $200,000
Activity 4 – Administration of the NSP 3 Program $116,880
Total $1,168,808
ALTERNATIVES:
None at this time.
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RESOLUTION R11-
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF BOYNTON BEACH, FLORIDA, APPROVING THE
ADOPTION OF THE CITY OF BOYNTON BEACH’S
COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG)
SUBSTANTIAL PLAN AMENDMENT TO FACILITATE
ACCEPTANCE OF NSP-3 FUNDING; PROVIDING AN
EFFECTIVE DATE.
WHEREAS,
the Neighborhood Stabilization Program (NSP-3) allows entitlement
communities to purchase eligible properties that must be located in areas of greatest need based upon
the number of homes in foreclosure, number of homes with subprime mortgages and areas likely to
rise in foreclosure; and
WHEREAS,
City staff has been notified that it has been given an additional allocation of
funds under Section 2301(B) of the Housing and Economic Recovery Act of 2008, as amended;
and
WHEREAS
, upon the recommendation of staff, the City Commission deems it to be in the
best interests of the citizens and residents of the City of Boynton Beach to approve the adoption of
the City of Boynton Beach’s Community Development Block Grant (CDBG) Substantial Plan
Amendment to facilitate acceptance of NSP-3 funding.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1. The foregoing “Whereas” clauses are true and correct and are hereby ratified and
confirmed by the City Commission.
Section 2. The City Commission of the City of Boynton Beach, Florida, hereby approves the
adoption of the City of Boynton Beach’s Community Development Block Grant (CDBG) Substantial
Plan Amendment to facilitate acceptance of NSP-3 funding.
Section 3. This Resolution shall become effective immediately upon passage.
PASSED AND ADOPTED
this ___ day of February, 2011.
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CITY OF BOYNTON BEACH, FLORIDA
______________________________
Mayor – Jose Rodriguez
______________________________
Vice Mayor – Marlene Ross
______________________________
Commissioner – William Orlove
______________________________
Commissioner – Woodrow L. Hay
______________________________
Commissioner – Steven Holzman
ATTEST:
_______________________
Janet M. Prainito, MMC
City Clerk
(Corporate Seal)
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6. F
CONSENT AGENDA
February 15, 2011
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD: February 15, 2011
OMMISSION EETING ATE
O PH
PENINGSUBLIC EARING
O CM’R
THERITY ANAGERS EPORT
A/P UB
NNOUNCEMENTSRESENTATIONSNFINISHED USINESS
NO
ATURE F
A NB
DMINISTRATIVEEW USINESS
AI
GENDA TEM
CA L
ONSENT GENDAEGAL
BP$100,000 FAI
IDS AND URCHASES OVER UTURE GENDA TEMS
CCL
ODE OMPLIANCE AND EGAL
S
ETTLEMENTS
RACC:Accept the written report to the Commission for purchases
EQUESTED CTION BY ITY OMMISSION
over $10,000 for the month of January 2011.
ER: Per Ordinance No.01-66, Chapter 2, Section 2-56.1 Exceptions to
XPLANATION OF EQUEST
competitive bidding, Paragraph b, which states: “Further, the City Manager, or in the City
Manager’s absence, the Acting City Manager is authorized to execute a purchase order on
behalf of the City for such purchases under the $25,000 bid threshold for personal property,
commodities, and services, or $75,000 for construction. The City Manager shall file a written
report with the City Commission at the second Commission meeting of each month listing the
purchase orders approved by the City Manager, or Acting City Manager.
H? Ordinance No.01-66, Chapter 2, Section
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
2-56.1 assists departments in timely procurement of commodities, services, and personal
property. Administrative controls are in place with the development of a special processing
form titled “Request for Purchases over $10,000” and each purchase request is reviewed and
approved by the Department Director, Purchasing Agent, and City Manager.
FI: This Ordinance provides the impact of reducing paperwork by streamlining
ISCAL MPACT
processes within the organization. This allows administration to maintain internal controls for
these purchases, reduce the administrative overhead of processing for approval, and allow for
making more timely purchases.
A: None
LTERNATIVES
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7. A
BIDS AND PURCHASES OVER $100,000
February 15, 2011
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD: February 15, 2011
OMMISSION EETING ATE
O PH
PENINGSUBLIC EARING
O CM’R
THERITY ANAGERS EPORT
A/P UB
NNOUNCEMENTSRESENTATIONSNFINISHED USINESS
NO
ATURE F
A NB
DMINISTRATIVEEW USINESS
AI
GENDA TEM
CA L
ONSENT GENDAEGAL
BP$100,000 FAI
IDS AND URCHASES OVER UTURE GENDA TEMS
CCL
ODE OMPLIANCE AND EGAL
S
ETTLEMENTS
RACC:PROPOSED RESOLUTION NO. R11-030 - Approve the
EQUESTED CTION BY ITY OMMISSION
piggy-back of the Sheriff's Contract for the purchase of new and replacement vehicles as approved in
the FY 2010/11 Budget in the amount of $536,630 from various vendors
The Sheriff’s bid complied with Public Contract bid requirements equal to or which exceeds
Boynton Beach's requirements.
ER: The Fleet Administrator recommends the annual purchase of
XPLANATION OF EQUEST
seventeen replacement vehicles for City departments as approved in the Fiscal Year
2010/11budget. Attached is a spreadsheet (Exhibit 1) totaling $536,630 indicating vendor,
number of units ordered and model, department the vehicle was ordered for, bid/contract
information and amount of each purchase.
The Public Works Department and Purchasing / Finance Department approve the
recommendation to purchase the new and replacement vehicles. This list plus a Fire Rescue
ambulance that will be acquired separately from this requested action represents the total
reduced Fleet Replacement Plan for FY 2010/11.
H? The seventeen (17) replacement vehicles
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
are being purchased according to a lifecycle allowing maximum vehicle efficiency that
minimizes annual maintenance charged to each of the operating departments, while lowering
our carbon footprint due to downsizing and technical innovation. Careful future life cycle
analysis is necessary to ensure that maintenance costs and/or vehicle down time do not
increase significantly in the future as a result of vehicle life extension.
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It is important to note that the Fleet Plan was modified significantly during the last minute
preparation of the FY 2010/11 Budget and Five Year Plan. During that process, a final budget
cut of fleet prefunding (funding source for fleet purchases) was approved in the amount
representing a 25% cut. Essentially, this means that equipment will, on average, remain in
service for 25% longer or be of a purchase value that is 25% less than originally anticipated.
To effectuate this change, we have utilized a combination of tactics to include –
Extending the life of a number of vehicles (regular sedans from 7 years to 10 years, for
example) or
Modifying the vehicle type (existing SUV changed to sedan, for example).
These changes will roll into future years’ budgets and operations as well.
FI: Funding for the purchase of new and replacement vehicles in this Requested
ISCAL MPACT
Action in the amount of $536,630 is budgeted in the Fleet Maintenance Fund Account #501-
2516-519-64-33.
To illustrate the comparison of this modified Fleet Plan, the past five year’s adopted budget for
vehicle purchases is shown below compared to the current 2010/11 adopted budget:
1. 2005/06 - $3,053,009
2. 2006/07 - $4,357,929
3. 2007/08 - $3,044,954
4. 2008/09 - $4,164,313
5. 2009/10 - $1,682,543
6. 2010/11 - $1,493,571
While the $1,493,571 is the adopted budget for FY 2010/11, the total Fleet Replacement Plan
for FY 2010/11 was further reduced during the final budget deliberations to $772,555. This
Replacement Plan includes the acquisition of an ambulance for Fire Rescue EMS at an
estimated cost of $187,117 that will be acquired separately from this Requested Action,
bringing total fleet purchase this fiscal year to approximately $723,747 which is $48,808 under
the Replacement Plan amount of $772,555.
The savings referenced herein are realized in the Fleet Maintenance Fund over the amount
budgeted due to (a) down sizing replacement vehicles and (b) increasing the lifecycle of
vehicles.
A: To defer or not purchase selected replacement or new vehicles beyond those
LTERNATIVES
already deferred in the FY 2010/11 budget cycle. However, deferring purchases will increase
departmental maintenance costs as the vehicles increase in their age. Furthermore, reductions
in Fleet size may require modification to programs and services in the various user
departments.
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RESOLUTION NO. R-11
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
BOYNTON BEACH, FLORIDA, APPROVING THE PIGGY-
BACKING OF THE FLORIDA SHERIFFS ASSOCIATION BID #10-
18-0907 FOR THE PURCHASE OF NEW AND REPLACEMENT
VEHICLES AS APPROVED IN THE FISCAL YEAR 2010/11
BUDGET ON THE AMOUNT OF $536,630; PROVIDING AN
EFFECTIVE DATE.
WHEREAS,
the Fleet Administrator recommends the annual purchase of seventeen
replacement vehicles for City departments as approved in the fiscal Year 2010/11 budget; and
WHEREAS
, the replacement vehicles are being purchased according to a life cycle allowing
maximum vehicle efficiency that minimizes annual maintenance; and
WHEREAS
, the Florida Sheriffs Association has complied with public contract bid
requirements equal to or which exceeds Boynton Beach’s requirements.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1. Each Whereas clause set forth above is true and correct and incorporated
herein by this reference.
Section 2. The City Commission of the City Of Boynton Beach, Florida, hereby
approves the piggy-backing of the Florida Sheriffs Association Bid #10-18-0907 for the purchase of
new and replacement vehicles as approved in the fiscal year 2010/11 budget on the amount of
$536,630.
Section 3. That this Resolution shall become effective immediately.
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PASSED AND ADOPTED
this _____ day of February, 2011.
CITY OF BOYNTON BEACH, FLORIDA
______________________________
Mayor – Jose Rodriguez
______________________________
Vice Mayor – Marlene Ross
______________________________
Commissioner – William Orlove
_______________________________
Commissioner – Woodrow L. Hay
_______________________________
Commissioner – Steven Holzman
ATTEST:
_____________________________
Janet M. Prainito, MMC
City Clerk
(Corporate Seal)
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7. B
BIDS AND PURCHASES OVER $100,000
February 15, 2011
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD: February 15, 2011
OMMISSION EETING ATE
O PH
PENINGSUBLIC EARING
O CM’R
THERITY ANAGERS EPORT
A/P UB
NNOUNCEMENTSRESENTATIONSNFINISHED USINESS
NO
ATURE F
A NB
DMINISTRATIVEEW USINESS
AI
GENDA TEM
CA L
ONSENT GENDAEGAL
BP$100,000 FAI
IDS AND URCHASES OVER UTURE GENDA TEMS
CCL
ODE OMPLIANCE AND EGAL
S
ETTLEMENTS
RACC:PROPOSED RESOLUTION NO. R11-031 - Accept a
EQUESTED CTION BY ITY OMMISSION
FEMA Fire Act Grant award in the amount of $138,880.00 for grant #EMW-2010-FO-06789 with a
required city match of $34,720.00 and authorizing the expenditure of the entire program amount of
$173,600.00 for the purchase of Firefighter Safety and Survival Equipment (RIT Packs) and the
purchase and installation of "Direct Capture" diesel filtering equipment for 18 diesel powered apparatus
in the current fire department fleet as described in the grant application and award notification.
1) ER: The Fire Rescue Department is requesting that the city
XPLANATION OF EQUEST
accept the FEMA Fire Act Grant award #EMW-2010-FO-06789 of $138,880 and meet
the matching fund requirements of $34,720.00. The department is also requesting
authorization to spend the entire project budget of $173,600.00 to purchase the
following: 1) 2 - RIT Packs that includedesignated Thermal Imaging Cameras for
search teams (RIT Teams), specially designed Breathing Apparatus Systems that allow
us to hook directly into the SCBA of a trapped firefighter if they have exhausted their air
supply, specially designed air supply hook-ups with a mask to provide breathing air to
any trapped civilian victims, and disentanglement tools to allow us to quickly free any
trapped victims in a collapse or hazardous atmosphere. The total budget for this project
is $20,600.00. 2) 18 - Direct Source capture diesel filtering units to be installed on the
diesel apparatus that are currently in the Fire Department’s fleet in order to reduce
and/or eliminate the toxic emissions that contain carcinogens, poisonous gases, and
heavy soot, thus improving the environment that our firefighters and city mechanics
work in and our citizens and visitors to our fire stations are exposed to as these
apparatus operate.
H? The firefighter safety and survival
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
equipment purchase will provide specific equipment that can be utilized when affecting the
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rescue of victims and or firefighters trapped in a structure fire, hazardous atmosphere, building
collapse, and other life threatening situations. This will improve the current level of rescue
capabilities because the department does not currently have this equipment. The purpose and
specific goals of the grant award for the diesel exhaust filtering devices are to improve
firefighter safety and survivability and the end result of this project will be a cleaner working
environment for city shop personnel as well as for the firefighters. The payoff comes in a
healthier workplace (less exposure to known carcinogens, toxins, and diesel soot) that will
ultimately result in healthier workers and lower health insurance claims down the road.
FI: The funding will be from FEMA in the amount of $138,880 (80% of costs), the
ISCAL MPACT
City will provide a 20% of the costs in the amount of $34,720. The City’s match will be coming
from 2 sources, Fire Assessment Fund (Fund 305) in the amount $24,520 and General Fund-
Fire Department (Fund 001, Department 2210) in the amount of $10,200. Some of the diesel
filtering devices (15) will need filter replacements every 2 years at a cost of $1500.00 each,
which will be budgeted through the Fire Department’s fleet maintenance budget starting in
FY2012/2013.
A: Not accepting the grant will eliminate these projects due to no other funding
LTERNATIVES
sources for them being available.
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RESOLUTION NO. R11-____
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
BOYNTON BEACH, FLORIDA, ACCEPTING A FEMA FIRE ACT
GRANT AWARD IN THE AMOUNT OF $138,880 FOR GRANT
#EMW-2010-FO-06789; AUTHORIZING THE EXPENDITURE OF
THE ENTIRE AMOUNT FOR THE PURCHASE OF
FIREFIGHTER SAFETY AND SURVIVAL EQUIPMENT (RIT
PACKS) AND THE PURCHASE AND INSTALLATION OF
“DIRECT CAPTURE” DIESEL FILTERING EQUIPMENT; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS,
the City of Boynton Beach Fire Department applied for and has been awarded
a grant from the Directorate’s FY 2010 Assistance to Firefighters Grant Program; and
WHEREAS,
the grant is in the amount of $138,880, with matching funds from the City in
the amount of $34,720; and
WHEREAS,
a portion of the entire project funds will be used to purchase RIT packs that
include firefighter safety and survival equipment not currently in the Department’s inventory of
equipment; and
WHEREAS,
a portion of the project funds will be used to purchase eighteen (18) Direct
Source Capture Diesel Filtering Units to be installed on the diesel apparatus that are currently in the
Fire Department’s fleet in order to reduce and/or eliminate the toxic emissions that contain
carcinogens, etc., thus improving the environment that our firefighters and City mechanics work in.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as being true
and correct and are hereby made a specific part of this Resolution upon adoption hereof.
Section 2. The City Commission of the City of Boynton Beach hereby accepts the
FEMA Fire Act Grant award in the amount of $138,880 for grant EMW-2010-FO-06789 with a
required match by the City of $34,720 and authorizes the purchase of firefighter safety and survival
equipment (RIT packs) and the purchase and installation of “Direct Capture” diesel filtering
equipment.
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Section 3. This Resolution shall become effective immediately upon passage.
PASSED AND ADOPTED this _____ day of February, 2011.
CITY OF BOYNTON BEACH, FLORIDA
______________________________
Mayor – Jose Rodriguez
_______________________________
Vice Mayor – Marlene Ross
_______________________________
Commissioner – William Orlove
________________________________
Commissioner – Woodrow L. Hay
_______________________________
Commissioner – Steven Holzman
ATTEST:
_____________________________
Janet M. Prainito, MMC
City Clerk
(Corporate Seal)
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9. A
PUBLIC HEARING
February 15, 2011
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD: February 15, 2011
OMMISSION EETING ATE
O PH
PENINGSUBLIC EARING
O CM’R
THERITY ANAGERS EPORT
A/P UB
NNOUNCEMENTSRESENTATIONSNFINISHED USINESS
NO
ATURE F
A NB
DMINISTRATIVEEW USINESS
AI
GENDA TEM
CA L
ONSENT GENDAEGAL
BP$100,000 FAI
IDS AND URCHASES OVER UTURE GENDA TEMS
CCL
ODE OMPLIANCE AND EGAL
S
ETTLEMENTS
RACC:PROPOSED ORDINANCE NO. 11-002 - FIRST
EQUESTED CTION BY ITY OMMISSION
READING - Approve the establishment of a zoning overlay (CDRV 11-001) for the general vicinity of
Ocean Avenue, between the F.E.C. Railroad and Seacrest Boulevard, modifying the Land Development
Regulations by establishing revised development standards and uses consistent with, and implementing
the vision contained within the Downtown Master Plan. Applicant: City initiated
ER: A staff team, including CRA staff, collaborated on a list of
XPLANATION OF EQUEST
appropriate uses and development regulations to implement the vision contained within the
to create a Public Art and Cultural Corridor on Ocean Avenue,
Downtown Master Plan
between the marina/waterfront attractions to the east and the cultural/civic activities to the
west. The plan envisions the adaptive reuse of existing buildings and the relocation of historic
structures to vacant parcels along Ocean Avenue, in order to accommodate a mix of uses,
including small shops and restaurants, arts related businesses and residential uses at a
pedestrian scale, which contributes to a pedestrian friendly atmosphere and creates a sense of
place.The outcome of these meetings resulted in the proposed overlay zone, defined as the
area bounded on the east by the F.E.C. Railroad, on the west by Seacrest Boulevard, on the
ststst
south by SE 1 Avenue and on the north by NE 1 Avenue, except between NE 1 Street and
rdst
NE 3 Street, where the north boundary would be the alley between NE 1 Avenue and
Boynton Beach Boulevard.
Staff believes that the proposed amendments to Land Development Regulations to create the
Ocean Avenue Overlay Zone will further the goals of the Downtown Master Plan and support
current CRA initiatives.
H? N/A
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
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FI: N/A
ISCAL MPACT
A: Not approve the subject request or modify the proposed regulations as
LTERNATIVES
desired.
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ORDINANCE NO. 11-
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON
BEACH, FLORIDA AMENDING THE LAND DEVELOPMENT REGULATIONS
CREATING THE OCEAN AVENUE OVERLAY ZONE BY AMENDING CHAPTER
1,, ARTICLE II, DEFINITIONS; AMENDING CHAPTER 2, ARTICLE I,
OVERVIEW; AMENDING CHAPTER 2, ARTICLE II, PLANNING & ZONING
DIVISION SERVICES; AMENDING CHAPTER 3, ARTICLE III, ZONING
DISTRICTS AND OVERLAY ZONES; AMENDING CHAPTER 3, ARTICLE IV,
USE REGULATION; AMENDING CHAPTER 4, ARTICLE II, LAND USE DESIGN
AND BUFFERING STANDARDS; AMENDING CHAPTER 4, ARTICLE III,
EXTERIOR BUILDING AND SITE DESIGN STANDARDS; AMENDING
CHAPTER 4, ARTICLE V, MINIMUM OFF-STREET PARKING REQUIREMENTS;
PROVIDING FOR CONFLICTS, SEVERABILITY, CODIFICATION AND AN
EFFECTIVE DATE.
WHEREAS
, staff is proposing amendment to the Land Development Regulations (LDR)
involving the creation of a zoning overlay zone for Ocean Avenue to further the vision contained within
the Downtown Master Plan and support the current CRA initiatives; and
WHEREAS
, the City Commission of the City of Boynton beach deems it to be in the best
interest of the citizens and residents of the City to amend the Land Development Regulations to create
the Ocean Avenue Overlay Zone and further the goals of the Downtown Master Plan.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY
OF BOYNTON BEACH, FLORIDA, THAT:
.
Section 1The foregoing whereas clauses are true and correct and are now ratified and
confirmed by the City Commission.
Section 2. Chapter 1, Article II, Definitions, of the Land Development Regulations, is
hereby amended by adding the words and figures in underlined type, as follows:
Chapter 1, Article II Definitions
ARTS CAMPUS –
Various principal and accessory components of the art creation process,
including art production, education, residences for the artists and / or students, and display space,
concentrated within two (2) or more buildings within a single geographic area.
BUILD-TO LINE
– A line delineating the maximum allowable distance that a building may be
constructed from a property line. In instances where a build-to line is required, the space
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between the building and property line is typically referred to as the “reduced building setback”
area. No building may be constructed outside the reduced building setback area when the zoning
code stipulates multiple build-to lines.
COMMUNITY FACILITIES
– A governmental use, including public parking facilities
established primarily for the benefit and service for the population of the community in which it
is located.
INTERIOR DECORATOR STUDIO
- A commercial establishment from where professional
home interior decorating services are provided. This business may provide cloth, wallpaper,
paint samples and the like, as part of the design services, but not on-site sales of furniture or
other home furnishings.
Section 3. Chapter 2, Article I, Overview, of the Land Development Regulations, is hereby
amended by adding the words and figures in underlined type, as follows:
Chapter 2, Article I, Section 2.A.
APPLICATION TYPECODE REVIEWIAPPROVIPUBLIC
SECTIONG NG HEARING
N AUTHORIAUTHORIREQUIRE
TY TY D?
(STAFF)
ARTICLE II. PLANNING AND ZONING DIVISION SERVICES continued
Relief Applications
Art II,
Director of See Site See Site
Section
Waiver
P&Z Plan Review Plan Review
4.E
Section 4. Chapter 2, Article II, Planning & Zoning Division Services, of the Land
Development Regulations, is hereby amended by adding the words and figures in underlined type, as
follows:
Chapter 2, Article II, Section 4.E.
E. Waiver (Ocean Avenue Overlay Zone).
1. General.
a. Purpose and Intent.
The purpose of this subsection is to
provide an efficient relief process to allow for deviations from
certain requirements and standards of Chapter 3 and Chapter 4 as
they pertain to the Ocean Avenue Overlay Zone (OAOZ). The
intent of this application is not to provide a means for
circumventing any such requirement or standard but to allow for a
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departure from the code upon demonstration that the subject
request satisfies the intent of the review criteria contained herein.
b. Applicability.
For property located within the OAOZ, the
waiver process shall be available for deviations from any
development and design standards of Chapter 3, Article III,
Section 8.D.
2. Submittal Requirements.
The applicant shall submit a letter
that addresses the review criteria of Section 3.E.3 below, in addition to
submitting any plans and exhibits required by the accompanying site plan,
whenever applicable.
3. Review Criteria.
The applicant shall justify each waiver
request as part of the application for site plan or site plan modification.
The applicant shall document the nature of the request, the extent of its
departure from the standard regulation, and the basis for the request. The
City may request additional information and documentation from the
applicant, such as a shared-parking study, or other type of performance
related analysis that further justifies the waiver request. The burden of
proof shall be on the applicant to present a superior design alternative and
demonstrate that the application would further the purpose and intent of
the OAOZ and not have any detrimental impact on adjacent properties or
the surrounding area.
4. Approval Process.
A waiver request may be approved by staff
if the subject request is reviewed concurrently with a minor site plan
modification application, and such application requires administrative
review pursuant to the review criteria of Section 2.F above. Otherwise,
the waiver application requires review by the City Commission and shall
be processed in accordance with Chapter 2, Article I, Section 3.
5. Denial.
Upon the denial of an application for relief
hereunder, in whole or in part, a period of one (1) year must elapse prior to
the filing of the same or similar application affecting the same property or
any portion thereof; however, this restriction shall not apply to
applications which further the City’s economic development, workforce
housing, or green building programs.
6. Expiration.
A waiver shall remain valid as long as the
corresponding site plan or site plan modification approval remains in
effect, or unless there is any amendment to the original waiver. Any
amendment to the original approval shall require application for, and
approval of, a new waiver.
Section 5. Chapter 3, Article III, Zoning Districts and Overlay Zones, of the Land
Development Regulations, is hereby amended by adding the words and figures in underlined type, as
follows:
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Chapter 3, Article III, Section 8.D
D. OCEAN AVENUE OVERLAY ZONE (OAOZ).
1. Purpose and Intent
. The Ocean Avenue Overlay Zone (OAOZ)
is comprised of multiple properties containing varying Future Land Use
Map (FLUM) classifications and zoning districts. As such, the densities
of developments shall correspond with the respective FLUM
classifications. For new developments however, the maximum allowable
density shall be 11 dwelling units per acre for projects on properties with
single lot depth. Up to 20 dwelling units per acre may be allowed for
when reclassifying lots with double depth to Mixed Use (MX), and where
such project creates a through lot between two (2) or more streets. The
purpose and intent of the OAOZ are as follows:
a.
Provide for a mix of selected commercial, residential,
office, and entertainment activities, with an emphasis on arts and
cultural ventures that will encourage the adaptive re-use of existing
buildings, restoration of historic structures, and maintain and
further enhance the pedestrian and historic scale of the area;
b.
Encourage the location of specialty retail, artist related uses
and entertainment establishments in concentrations that will enable
and encourage pedestrian movements between businesses, and
between the marina / waterfront attractions to the east and the
cultural / civic activities to the west;
c.
Initiate implementation of various recommendations
contained within approved redevelopment plans;
d.
Stimulate greater awareness and pride in the City’s
architectural, historical, and cultural heritage; and
e.
Improve overall livability of the general area and stabilize
and improve property values.
2. Defined.
The Ocean Avenue Overlay Zone (OAOZ) shall be
bounded on the east by the Florida East Coast Railroad (F.E.C.), on the
st
west by Seacrest Boulevard, on the south by Southeast 1 Avenue, and on
stst
the north by Northeast 1 Avenue, except between Northeast 1 Street and
rd
Northeast 3 Street, the north boundary shall be the alley between
st
Northeast 1 Avenue and Boynton Beach Boulevard.
3. Conflict.
In the event of any conflict between the provisions
of the Ocean Avenue Overlay Zone and any other sections of the Land
Development Regulations, the provisions of this section shall prevail.
These provisions shall not be construed to supersede any federal, state, or
county laws; and / or any rezoning of lands to a Mixed-Use zoning district.
136 of 233
4. Uses Allowed
. See “Use Matrix Table 3-28” in Chapter 3,
Article IV, Section 3.D. Additionally, no existing use shall be deemed
non-conforming.
5. Building and Site Regulations (Table 3-27).
Development
within this Overlay Zone, including proposed expansions and additions to
existing structures shall be in accordance with the building and site
regulations as follows:
BUILDING / SITE REGULATIONS
1
Ocean Avenue Overlay Zone
(Single Lot Depth)
5,000 s.f.
Minimum lot area:
50 feet
Minimum lot frontage:
Maximum build-to line:
2
Front: 5 ft – 15 ft
2
Corner side:
5 ft – 15 ft
Minimum yard setbacks:
Rear: 10 feet
3
Abutting: Residential district: 20 feet
4
Interior side: 7.5 feet
Abutting: Historic structures: 10 feet
Maximum lot coverage: 65%
5
Maximum structure height: 35 feet
(Double Lot Depth)
All new developments with double lot depth shall be
constructed in accordance with the Mixed-Use Low
Intensity (MU-L1) zoning district building and site
regulation Table 3-21 in Section 5.C above, except as
contained herein.
See “Single-Lot Depth” above for all proposed
expansions or additions to existing structures.
5
35 feet
Maximum structure height:
1
No existing building or structure shall be deemed non-conforming
with respect to setbacks, lot coverage, or building height.
2
A paver plaza or “streetscape” design shall be required within the
reduced building setback area where buildings are constructed in excess of
five (5) feet from the property line.
3
Excluding property boundaries that abut rights-of-way. In these
instances, the required setback shall be 10 feet.
4
The minimum side interior setback shall be five (5) feet for lots
with 50 feet of frontage (but less than 75 feet).
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5
Not to exceed three (3) stories.
6.Accessory Structures.
a.
Fences along the front of the property are discouraged.
Any fence that is proposed however, shall be decorative in nature,
opaque, and not exceed three (3) feet in height. Walls, chain link,
board on board, shadowbox, and similar types of fences are
expressly prohibited.
b.
All parking, mechanical equipment, trash containers, and
miscellaneous equipment shall be landscaped to be screened from
view.
7. Parking.
aMinimum Number of Required Spaces.
. The minimum
number of required off-street parking spaces shall be calculated in
accordance with Chapter 4, Article V, Section 2 above; however,
the total number of required spaces may be reduced by up to 50%
for all new developments, excluding multi-family residential
projects. When two (2) or more adjacent property owners combine
their off-street parking in accordance with the code and construct a
shared parking facility with common access drives, the total
number of required off-street parking spaces may be reduced by an
additional 10%.
b.Allowable Location of Off-Street Spaces.
(1) The intent of the OAOZ is to screen off-street
parking areas from abutting rights-of-way and locate
buildings along front and side corner property lines. It is
therefore, a requirement to locate off-street parking areas
within rear and side interior yards for all new projects and
those in which parking areas would be altered to
accommodate a proposed building renovation or expansion.
Only existing parking areas for existing developments may
remain if the spaces are unaltered as part of any building
renovation or expansion. In these instances, the existing
off-street parking area shall be substantially screened from
off-premises by a hedge, decorative fencing, or a
combination thereof, provided that such hedge and / or
fencing would be compliant with the intent of the OAOZ,
and to the standards of the urban landscape code to the
maximum extent possible. Any deviation from the above
standards would require the approval of a waiver in
accordance with Chapter 2, Article II, Section 4.E.
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(2) If 100% of the required off-street parking spaces
cannot be provided on-site, they may be provided at an off-
site location provided the following conditions are met: 1)
the proposed location is not farther than 500 feet from the
subject property as measured by a straight line from a point
on the boundary of the property to the closest boundary
line of the property to be leased; and 2) the off-site location
is owned or leased by the owner or operator of the subject
business or property owner. Any lease agreement must be
approved by the City Commission. The parent business
property shall be posted with signage indicating the
location of the off-site parking spaces. All spaces provided
by the property / business owner on and off-site shall be
maintained as unreserved, unrestricted parking available to
the public, except designated handicap spaces required by
law.
c. Exceptions to Providing Required Parking.
See
Chapter 4, Article V, Section 4.A for additional provisions
regarding exceptions to providing required off-street parking.
8.Landscape and Streetscape Design.
See Chapter 4, Article
II, Section 4.B.5 for additional regulations regarding required landscaping
and streetscape design.
9. Building Design.
a. New Buildings.
All new buildings used for non-
residential purposes shall be designed to be residential in character.
The building design is encouraged to utilize sloped roofs, gables,
porches, residential style windows and other elements normally
associated with the typical frame vernacular buildings found in the
City and throughout South Florida, and those of historic structures
anticipated to be relocated to the area. New structures shall be
constructed with the building entry oriented towards the street and
shall be sensitive to the scale, massing and design envisioned in the
Downtown Master Plan.
b. Additions to Existing Buildings and Structures.
All
building additions shall be sensitive to the original building design
relative to the architectural style, building materials/components
and treatments, and proportions. Original materials and details, as
well as distinctive form and scale features, which contribute to the
character of the building and/or surroundings, shall be preserved to
the maximum extent feasible. Rehabilitation work shall not
destroy the distinguishing quality or character of the property or its
environment.
For historic structures, any new additions, exterior alterations, or
related new construction shall not destroy historic materials that
characterize the structure. The new work shall be differentiated
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X = Prohibited *N √√ (see Legend) √ (see Legend) * (see Legend)
from the old and shall be compatible with the massing, size, scale,
and architectural features to protect the historic integrity of the
property and its environment. New additions and adjacent or
related new construction shall be undertaken in such a manner that
if removed in the future, the essential form and integrity of the
historic structure and its environment would be unimpaired.
10. Signage and Exterior Lighting Standards.
a.
Signs allowed within the Ocean Avenue Overlay Zone shall
be externally illuminated only, and consist of the prototypical
monument sign designed for the area, wall mounted, and / or a
projecting sign.
b.
The size of wall mounted signs shall be calculated at one-
half (0.5) square foot of sign area per one (1) lineal foot of building
frontage measured along the main building entrance.
c.
Projecting signs and mounting brackets shall be decorative
in nature, and the sign face shall not exceed six (6) square feet in
size.
d.
General lighting of the site shall harmonize with and blend
into residential/mixed use environment. Ground lighting and up
lighting of the building and landscaping is encouraged. However,
when the use of pole lighting is necessary, the fixture height shall
not exceed 15 feet, be decorative in nature and compatible with the
color and architecture of the building.
Section 6. Chapter 3, Article IV, Use Regulations, of the Land Development Regulations, is
hereby amended by adding the words and figures in underlined type, as follows:
Chapter 3, Article IV, Section 3.D
P = Permitted
Residential Commercial Mixed-Use Indus Misc
S
O
C = Conditional
TE
A = Accessory
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AAB
AA
√√
√
L1L2L3
H
IPUD
A
SMU
MHPPID
CBD
PUD-
PCD---REC
---
1
MUMUMUMU
1111231234
PU
-
----------
M
RRRRRRCCCC
RESIDENTIAL & LODGING
16
Accessory PPPPPP
14
Dwelling Unit * * * * * *
17
17
CCCCPC
Bed & Breakfast C
14
* * * * * *
18
Dwelling, 15
PPPPPPPPPPA A
Single-family 14
* * * * * * * * * * * *
(detached) 16
15
18
Dwelling, Two-PPPPPPCPPPPPCA A
14
Family (duplex) * * * * * * * * * * * * * * *
16
19
15
19
Dwelling, PPPPPCPPPPPPA A
14
Multi-Family * * * * * * * * * * * * * *
16
20
15
Dwelling Units 20
PPPPPPPPA A
in Mixed-Use 14
* * * * * * * * * *
Buildings 16
21
P = Permitted
Residential Commercial Mixed-Use Indus Misc
C = Conditional
A = Accessory
X = Prohibited
NOTES *
AAB
AA
L1L2L3
√√
√
* (see Legend)
H
IPUD
A
MHPSMU
PID
CBD
PUD
PCDREC
----
---
1
√
(see Legend)
MUMUMUMU
1111231234
PU
-
----------
M
RRRRRRCCCC
√√
(see Legend)
RESIDENTIAL & LODGING continued
Group Home
PPPPPP21
Type 1 (6 or less
* * * * * * 22
residents)
Group Home
C PP21
Type 2 (7 to 14
* * * 22
residents)
Group Home
CCCPP21
Type 3 (15+
* * * * * 22
residents)
Group Home
Type 4 (special CC21
* * 22
care, 7+
residents)
PPPPCC C C P22
Hotel & Motel
* * * * * * * * * 23
Live-Work PPPPP23
Units * * * * * 24
Manufactured P15
Home * 16
15
PPPPPCPPPPPP A A
Townhouse 14
* * * * * * * * * * * * * *
16
COMMERCIAL
Retail Sales
141 of 233
4
Art, Book,
5
Craft, Hobby, PPPPPPPPAA
P P P 24
Music, Sporting * * * * * * * * * *
14
Goods, & Toys
25
8
Auto Dealer, PP
25
New * *
26
8
Auto Dealer, PP
26
Used * *
27
5
Beer, Wine, & PPPPPPPP
27
Liquor Store * * * * * * * *
28
8
Boat Dealer / CA
28
Rental * *
29
2
Clothing & PPP PPPPP
4
P P P
Accessories * * * * * * * * 5
14
1
3
Convenience PPPPPPPPPPPP5
Store * * * * * * * * * * * * 11
29
30
1
2
PPPPPPPPP
Florist P P P P 5
* * * * * * * * *
11
14
P = Permitted
Residential Commercial Mixed-Use Indus Misc
C = Conditional
A = Accessory
X = Prohibited
NOTES *
AAB
AA
L1L2L3√√
√
* (see Legend)
H
IPUD
A
MHPSMU
PID
CBD
PUD
PCDREC
----
---
1
√
(see Legend)
MUMUMUMU
1111231234
PU
-
----------
M
RRRRRRCCCC
√√
(see Legend)
COMMERCIAL
Retail continued
2
Furniture & 4
PPPPPPPP
Home P P P P 5
* * * * * * * *
furnishing 11
14
8
CCCCCC
Gasoline Station 30
* * * * * *
31
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4
PCPPP5
Grocery Store P P P
* * * * * 31
32
3
5
PPPPPPPP
Hardware Store P P P 11
* * * * * * * *
32
33
Health &
Personal Care
5
PP PPPPPP
(Eyeglass,
P P P P P 11
* * * * * * * *
Medical
14
Supplies,
Hearing-Aids)
Jewelry, 2
PPPPPPP
Luggage, & P P P P 5
* * * * * * *
Leather Goods 14
2
5
Marine PPPPPPPPPPP
11
Accessories * * * * * * * * * * *
33
34
2
Merchandise, 5
PPPPPPPPPPP
Used (Antique 34
* * * * * * * * * * *
Shop) 14
35
Merchandise, PPP 35
Used (Other) * * * 36
Mobile Vending PPPPPPPPPP36
Unit (MVU) * * * * * * * * * * 37
Multiple-PPP37
Vendor Market * * * 38
Novelty, Gift, 2
PPPP PPPAA
Souvenir, & P P P P 5
* * * * * * * * *
Miscellaneous 14
3
Nursery, Garden
PPPPP11
Ctr, & Farm
* * * * *
38
Supply
39
3
Pharmacy & PPPPPPPPPPP5
Drug Store * * * * * * * * * * * 39
40
P = Permitted
Residential Commercial Mixed-Use Indus Misc
C = Conditional
A = Accessory
X = Prohibited
NOTES *
AAB
AA
L1L2L3
√√
√
* (see Legend)
H
IPUD
A
MHPSMU
PID
CBD
PUD
PCDREC
----
---
1
√
(see Legend)
MUMUMUMU
1111231234
PU
-
----------
M
RRRRRRCCCC
√√
(see Legend)
COMMERCIAL
Retail continued
3
5
PAPPP PPPPP PPPAA
Restaurant 40
* * * * * * * * * * * * * * *
14
41
143 of 233
1
3
Restaurant, PPPPP PPPPPPPPAA5
Take-out * * * * * * * * * * * * * * * 41
14
42
3
Specialty Food PPPPPPP
P P P P 6
Store * * * * * * *
14
COMMERCIAL
Services
Auto / Car
10
Wash
AC CC C11
(Polishing,
* * * * * 42
Waxing,
43
Detailing)
8
Automobile APCPP
43
Rental * * * * *
44
Automotive, ACPCP44
Minor Repair * * * * * 45
13
Automotive, P
45
Major Repair *
46
Automotive
Window Tinting
ACPCP46
/ Stereo
* * * * * 47
Installation /
Alarms
8
CCCC
Bar & Nightclub C C C C 47
* * * *
48
PPP48
Check Cashing
* * * 49
1
3
PPPPPPPPPPPP5
Dry Cleaner
* * * * * * * * * * * * 11
49
50
8
PPPCCCA
Funeral Home C C 50
* * * * * * *
51
Interior 9
PPPPPPPP
P P P P
Decorator 11
* * * * * * * *
Studio 14
Mobile Vending PPPPPPPPPP36
Unit (MVU) * * * * * * * * * * 37
P = Permitted
Residential Commercial Mixed-Use Indus Misc
C = Conditional
A = Accessory
X = Prohibited
NOTES *
AAB
AA
L1L2L3√√
√
* (see Legend)
H
AIPUD
MHPSMU
PID
CBD
PUD
PCDREC
----
---
1
√
(see Legend)
MUMUMUMU
1111231234
PU
-
----------
M
RRRRRRCCCC
√√
(see Legend)
COMMERCIAL
Services continued
144 of 233
1
2
Personal Care 5
PPPPPPPPPPPPP
(Beauty, Hair, 11
* * * * * * * * * * * * *
Nails) 51
14
52
8
Pet Care 10
ACCCCCCCP
(Boarding and 11
* * * * * * * * *
Daycare) 52
53
AA5
Photography PP PPPPPP
P P P P P * * 11
Studio * * * * * * * *
14
2
8
Postal / Mail APPPPPPPPPPP
11
Center * * * * * * * * * * * *
53
54
Repair, Rental,
11
& Maint of PP P
P 54
Home / Garden * * *
55
Tools
2
5
PP PPP PPPP11
Travel Agency P P P P
* * * * * * * * *
55
14
56
OFFICE & HEALTH CARE
1
7
Business or 8
PPP PPPPPP
Professional P P P P P 11
* * * * * * * * *
Office 56
14
57
13
PPPPPPP
Call Center P P P P P 57
* * * * * * *
58
P58
Hospital
* 59
Real Estate PP PPPPP 8
P P P P P
Business * * * * * * * 14
PUBLIC & CIVIC USES
AAAAAAAA59
Cemetery P
* * * * * * * * 60
14
CCCCCCPPPPP15
Church P P P P P P P
* * * * * * * * * * * 60
61
P = Permitted
Residential Commercial Mixed-Use Indus Misc
C = Conditional
A = Accessory
X = Prohibited
NOTES *
AAB
AA
L1L2L3√√
√
* (see Legend)
H
AIPUD
MHPSMU
PID
CBD
PUD
PCDREC
----
---
1
√
(see Legend)
MUMUMUMU
1111231234
PU
-
----------
M
RRRRRRCCCC
√√
(see Legend)
145 of 233
PUBLIC & CIVIC USES continued
61
Community PPPPPPPPPPPPPPPPPPPPP P
P P
14
Facilities * * * * * * * * * * * * * * * * * * * * * *
62
Essential PPPPP62
P P P P P P P P P P P P P P P P P P P
Services * * * * * 63
6
Organization,
PPPPCCCCP11
Civic &
* * * * * * * * *
63
Fraternal
64
ARTS, ENTERTAINMENT & RECREATIONAL
13
Adult CCCP
64
Entertainment * * * *
65
65
PPPPPPPPPPPAA
Artist Studio P 14
* * * * * * * * * * * * *
66
PPP
Arts Campus 14
* * *
2
6
Entertainment, PPPPPPP9
P P P P
Indoor * * * * * * * 11
66
67
Entertainment, CC67
Outdoor * * 68
2
6
Indoor Athletic PPPPPPPP9
P P P
Instruction * * * * * * * * 11
68
69
Marina, 9
PPPPPP
(including 69
* * * * * *
Yacht Club) 70
Museum,
PPP P
Historical & P P P P P P P P P 14
* * * *
Cultural
Rentals,
6
Recreational
PPPPP
9
(bicycles, P P P P
* * * * * 70
canoes, personal
71
watercraft)
9
Sightseeing & PPPPPPPPPPP
71
Scenic Tours * * * * * * * * * * *
72
PP9
PPPPPP PCPP* * 72
Theater
* * * * * * * * * * 14
73
P = Permitted
Residential Commercial Mixed-Use Indus Misc
C = Conditional
A = Accessory
X = Prohibited
NOTES *
AAB
AA
L1L2L3√√
√
* (see Legend)
H
AIPUD
MHPSMU
PID
CBD
PUD
PCDREC
----
---
1
√
(see Legend)
MUMUMUMU
1111231234
PU
-
----------
M
RRRRRRCCCC
√√
(see Legend)
146 of 233
EDUCATIONAL
1
6
9
CCCCCCPCPPPPPP
11
Day Care C C C C C
* * * * * * * * * * * * * * 14
15
73
74
14
School, Primary CCCCP15
C C P
and Secondary * * * * * 74
75
INDUSTRIAL
Storage, Distribution & Wholesale Trade
Storage, Boats /
13
Motor / AAAAP
75
Recreational * * * * *
76
Vehicles
9
Storage, Self-CCCCP
76
Service * * * * *
77
12
CP
Warehousing 77
* *
78
10
Wholesale CP12
Trade * * 78
79
INDUSTRIAL
Services
13
P
Boat Repair 79
*
80
Carpet and
11
Upholstery PPPP
80
Cleaning * * * *
81
Services
12
PP
Contractor 81
* *
82
Dry Cleaning P10
Plant * 13
13
Exterminating P
82
and Pest Control *
83
Lawn
13
Maintenance & PP
83
* *
Landscaping
84
Service
Radio & TV PPPPPPP84
Broadcasting * * * * * * * 85
Rental /
Leasing,
13
P
Industrial &
85
*
Commercial
86
Equipment
147 of 233
P = Permitted
Residential Commercial Mixed-Use Indus Misc
C = Conditional
A = Accessory
X = Prohibited
NOTES *
AAB
AA
L1L2L3√√
√
* (see Legend)
H
AIPUD
MHPSMU
PID
CBD
PUD
PCDREC
----
---
1
√
(see Legend)
MUMUMUMU
1111231234
PU
-
----------
M
RRRRRRCCCC
√√
(see Legend)
INDUSTRIAL
Services continued
Repair / 13
Maintenance, 16
P
Industrial & 17
*
Commercial 86
Equipment 87
Research &
Development, P87
Scientific / * 88
Technological
P = Permitted
Residential Commercial Mixed-Use Indus Misc
C = Conditional
A = Accessory
X = Prohibited
NOTES *
AAB
AA
L1L2L3
√√
√
* (see Legend)
H
IPUD
A
MHPSMU
PID
CBD
PUD
PCDREC
----
---
1
√
(see Legend)
MUMUMUMU
1111231234
PU
-
----------
M
RRRRRRCCCC
√√
(see Legend)
INDUSTRIAL
Services continued
Sewer / Septic 13
P
& Waste Mgmt 88
*
Cleaning 89
2
Taxi, Limo, PPPCPP13
Charter Bus * * * * * * 89
90
10
Towing, Motor P13
Vehicle * 16
17
AGRICULTURAL
Community PPPPPPPPPPPPPPPP PPPP90
Garden * * * * * * * * * * * * * * * * * * * *
91
E. Use Matrix Notes and Restrictions.
14. Ocean Avenue Overlay Zone (OAOZ).
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a.
Any proposed non-residential use that would abut a side
property line of a residential use located on Northeast 1st Avenue
or Southeast 1st Avenue requires conditional use approval.
b.
Any allowable use (as indicated in the Use Matrix of
Section 3.D above) is considered permitted by right, provided that
it is proposed on property with frontage on Ocean Avenue;
otherwise conditional use approval shall be required. Additionally,
no existing uses shall be deemed non-conforming.
c.
The below table shall be used to supplement the Use Matrix
of Section 3.D above, including any notes and restrictions that are
applicable to the subject use. Whenever the restrictions of this
subsection conflict with any other lawfully enacted and adopted
rules, regulations, ordinances, or laws, the most restrictive shall
apply, unless otherwise stated.
PROPOSED USE R-3 C-2 PU REC
Residential & Lodging
AU
1 1 2, 3 2, 3
CCESSORY DWELLING NIT
B&B
2
ED REAKFAST
D,S-F()
1 1, 2 2, 3 2, 3
WELLING INGLEAMILY DETACHED
D,T-F()
1 1, 2 2, 3 2, 3
WELLING WOAMILY DUPLEX
D,M-F
1 1, 2 2, 3 2, 3
WELLING ULTIAMILY
DUM-U
WELLING NITS IN IXEDSE
1, 2 1, 2 2, 3 2, 3
B
UILDINGS
T
1 1, 2 2, 3 2, 3
OWNHOUSE
Commercial - Retail
A,B,C,H,M,
RT OOK RAFT OBBY USIC
2 2, 3 2, 3
SG,&T
PORTING OODS OYS
C&A
2
LOTHING CCESSORIES
F
2
LORIST
F&HF
2
URNITURE OME URNISHING
H&PC(E,
EALTH ERSONAL ARE YEGLASS
2
MS,HA)
EDICAL UPPLIES EARING IDS
J,L,&LG
2
EWELRY UGGAGE EATHER OODS
MU(AS)
2
ERCHANDISE SED NTIQUE HOP
N,G,S,&
OVELTY IFT OUVENIR
2 2, 3 2, 3
M
ISCELLANEOUS
R
2 2, 3 2, 3
ESTAURANT
R,T-O
2 2, 3 2, 3
ESTAURANT AKEUT
SFS
2
PECIALTY OOD TORE
Commercial - Services
IDS
2
NTERIOR ECORATOR TUDIO
PC(B,H,N)
2
ERSONAL ARE EAUTY AIR AILS
PROPOSED USE R-3 C-2 PU REC
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Commercial – Services continued
PS
2 2 2, 3 2, 3
HOTOGRAPHY TUDIO
TA
1, 2 1
RAVEL GENCY
Office & Health Care
BPO
1, 2 1
USINESS OR ROFESSIONAL FFICE
REB
1, 2 1
EAL STATE USINESS
Public & Civic Uses
CF
4 4 4 4
OMMUNITY ACILITIES
Arts, Entertainment, & Recreational
AS
2 2 2, 3 2, 3
RTIST TUDIO
AC
2 2 2
RTS AMPUS
M,H&C
2 2 2
USEUM ISTORICAL ULTURAL
T
2 2 2, 3 2
HEATRE
1 Prohibited on the ground level of buildings that front on
Ocean Avenue.
2. When proposed in this zoning district, the subject use shall
only be allowed on property located within the OAOZ.
3 Only allowed as an accessory use to an AC
RTS AMPUS
located in the OAOZ.
4 Community facilities, other than public parking, shall be
restricted to the area of Ocean Avenue between Seacrest Boulevard
st
and Northeast 1 Street.
15.Non-Residential Uses in Single-family Residential
14.
Zoning Districts.
a. R-1-AAB district, R-1-AA district, R-1-A district, and
R-1 district.
The following applies to facilities to be located
within zoning districts limited to single-family homes.
(1) Location. Along the following roadway types
as designated in the City of Boynton Beach Comprehensive
Plan: arterials and collectors.
(2) Lot size. One (1) acre for all non-residential
uses, except for DC establishments, which shall be
AY ARE
regulated in accordance with Section 3.E.74 76 below.
(3) Frontage. Except for DC
AY ARES
establishments, a minimum frontage of 150 feet for all non-
residential uses.
(4) Landscaping.A minimum buffer width of five (5)
feet and a landscaping barrier shall be required for all
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parking and vehicle use areas, and outdoor recreation areas
that abut single-family residential zoning districts.
(5) Design. Building design shall be consistent
with surrounding residential styles.
(6) Separation. Distances between residential
properties and outdoor play areas shall be maximized.
16.Home Occupation…
15.
17. Accessory Dwelling Unit…
16.
18.Bed & Breakfast…
17.
19.Dwelling, Two-Family (Duplex)…
18.
20.Dwelling, Multi-Family…
19.
21.Dwelling Units in Mixed-Use Buildings…
20.
22.Group Home Types 1 through 4…
21.
23.Hotel & Motel (includes Boutique, Extended-stay,
22.
Apartment, Timeshare Apartment)…
24. Live-Work Units…
23.
25.Art, Book, Craft, Hobby, Music, Sporting Good, & Toy
24.
Store…
26.Auto Dealer, New…
25.
27.Auto Dealer, Used…
26.
28.Beer, Wine, & Liquor Store…
27.
29.Boat Dealer / Rental…
28.
30.Convenience Store…
29.
31.Gasoline Station…
30.
32.Grocery Store…
31.
33.Hardware Store…
32.
34.Marine Accessories…
33.
35.Merchandise, Used (Antique Shop)…
34.
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36. Merchandise, Used (Other)…
35.
37.Mobile Vending Unit (MVU)…
36.
38.Multiple-Vendor Market…
37.
39.Nursery, Garden Center, & Farm Supply…
38.
40.Pharmacy & Drug Store…
39.
41.Restaurant…
40.
42.Restaurant (Take-Out)…
41.
43.Auto / Car Washes (Polishing, Waxing, Detailing)…
42.
44.Automobile Rental…
43.
45.Automotive, Minor Repair…
44.
46.Automotive, Major Repair…
45.
47.Automotive Window Tinting / Stereo Installation /
46.
Alarms…
48.Bar & Nightclub…
47.
49.Check Cashing…
48.
50.Dry Cleaner…
49.
51.Funeral Home…
50.
52.Personal Care (Beauty, Hair, Nails)…
51.
53.Pet Care (Boarding and Daycare)…
52.
54.Postal / Mail Center…
53.
55.Repair, Rental, & Maintenance of Home / Garden
54.
Tools…
56.Travel Agency…
55.
57. Business or Professional Office…
56.
58.Call Center…
57.
59.Hospital…
58.
60.Cemetery…
59.
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61.Church…
60.
62. Community Facilities.
61.
63.Essential Services…
62.
64.Organization, Civic & Fraternal…
63.
65.Adult Entertainment…
64.
66.Artist Studio…
65.
67. Entertainment, Indoor…
66.
68.Entertainment, Outdoor…
67.
69.Indoor Athletic Instruction…
68.
70.Marina, including Yacht Club…
69.
71.Rentals, Recreational (Bicycles, Canoes, Personal
70.
Watercraft)…
72.Sightseeing & Scenic Tours…
71.
73.Theater…
72.
74.Day Care…
73.
75.School, Primary and Secondary…
74.
76.Storage, Boats / Motor / Recreational Vehicles…
75.
77.Storage, Self-Service…
76.
78. Warehousing…
77.
79.Wholesale Trade…
78.
80.Boat Repair…
79.
81.Carpet and Upholstery Cleaning Services…
80.
82.Contractor…
81.
83.Exterminating and Pest Control…
82.
84. Lawn Maintenance & Landscaping Service…
83.
85.Radio & TV Broadcasting…
84.
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86.Rental / Leasing, Industrial & Commercial
85.
Equipment…
87. Repair & Maintenance, Industrial and Commercial…
86.
88.Research & Development, Scientific / Technological…
87.
89. Sewer / Septic & Waste Mgmt Cleaning…
88.
90. Taxi, Limo, Charter Bus…
89.
91.Community Garden…
90.
Section 7. Chapter 4, Article II, Landscape Design and Buffering Standards, of the Land
Development Regulations, is hereby amended by adding the words and figures in underlined type, as
follows:
Chapter 4, Article II, Section 4.B.5.
5. Streetscape Design.
The “Urban Landscape Code” contains
special landscape standards related to streetscape design.
a. Applicability.
This subparagraph shall apply to the
following:
(1) All properties currently zoned Central Business
District (CBD);
(2) Any property located within the Mixed Use (urban)
districts (see Chapter 3, Article III, Section 5);
(3) Any property located within the Ocean Avenue
Overlay Zone (see Chapter 3, Article III, Section 8.D);
(4) Any commercially-zoned property located within
the Urban Commercial District Overlay Zone (see Chapter
3, Article III, Section 8);
(5) Any property zoned Infill Planned Unit
Development (IPUD) with frontage along Federal Highway
(US1).
This subparagraph shall apply to all properties currently zoned
Central Business District (CBD), any properties located within the
Mixed Use (urban) districts (see Chapter 3, Article III, Section 5),
any commercially-zoned properties located within the Urban
Commercial District Overlay Zone (see Chapter 3, Article III,
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Section 8), or properties zoned Infill Planned Unit Development
(IPUD) with frontage along Federal Highway (US1).
b. General Rules.
The“streetscape” is generally
considered to be the area located within the reduced building
setback area in front and side corner yards in conjunction with the
sidewalk area within abutting rights-of-way. Therefore,
streetscape design encompasses both the private and the public
domain. Trees located within sidewalk areas of public and / or
private rights-of-way are considered “street trees.”
c. Standards.
The following standards are applicable to
streetscape design and landscape material must comply with the
following:
(1). Trees.All new construction shall include shade
trees in the streetscape. The trees selected shall be
consistent with the established theme of the street, where
appropriate. Trunks shall be a minimum four (4)-inch
caliper and provide eight (8) feet of vertical clearance for
cross-visibility and safe sight requirements. In instances
where canopies or overhangs make it infeasible to plant
trees, alternative means of providing landscaping for the
sidewalk shall be utilized.
(2) Tree Spacing. Trees shall be regularly spaced
between 20 - 25 feet on center. Spacing may be modified
by factors such as the placement of utilities, by property
access points, sight lines at corners or by corner conditions.
Tree placement shall match the existing pattern, where
appropriate. Tree guards, fabricated to city specifications,
shall be placed adjacent to the curb, where feasible.
(3). Flower Containers. Where practical, areas in
front of buildings shall be enhanced with colorful plants or
flower containers containing blooming annuals or
perennials. Window boxes and entry walk plantings
shall be incorporated into the overall landscape design
theme. See Section 6.B. for additional regulations
regarding foundation landscaping areas.
(4) Any property owner requesting a change of use
would be required to meet the minimum landscape
requirements to the maximum extent feasible. Where
deficiencies occur, other methods of landscaping (e.g.,
landscape cut-outs; planter pots; hanging baskets; etc.) shall
be incorporated into the design.
d. Miscellaneous.
The landscape material proposed
within the right-of-way must comply with Section 4.A.11above
(Within Rights-of-Way) and with cross visibility and safe sight
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requirements of Section 4.A.14 above and Chapter 3, Article II,
Section 6.
Section 8. Chapter 4, Article III, Exterior Building and Site Design Standards, of the Land
Development Regulations, is hereby amended by adding the words and figures in underlined type, as
follows:
Chapter 4, Article III, Section 3.G
G. Use Matrix Notes and Restrictions.
The following uses, which
correspond with the Notes and Restrictions of Chapter 3, Article IV, Section 3.E.,
contain special standards related to exterior building and site design:
1. Group Home Type 1 (Note # 22 )…
21
2. Auto Dealer, New (Note #26 )…
25
3. Auto Dealer, Used (Note #27 )…
26
4. Gasoline Stations (Note #31 )…
30
5. Automobile Rental (Note #44 )…
43
6. Marina, Including Yacht Club (Note #70 )…
69
7. Day Care (Note # 74)…
73
8. Storage, Self-Service (Note #77 )...
76
Section 9. Chapter 4, Article V, Minimum Off-Street Parking Requirements, of the Land
Development Regulations, is hereby amended by adding the words and figures in underlined type, as
follows:
Chapter 4, Article V,
Section 3.F.
F.Ocean Avenue Overlay Zone.
See Chapter 3, Article III, Section
8.D for specific off-street parking provisions regarding the Ocean Avenue
Overlay Zone.
Section 4.A
1. Applicability
. For existing structures within the Central Business
District (CBD) or subsequent zoning districts established to supplement or
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replace the CBD, and any parcel or parcels of land assembled by unity of
title located within the Ocean Avenue Overlay Zone (OAOZ) that front on
that segment of Ocean Avenue extending west from the CBD to Seacrest
Boulevard, no additional parking shall be required where:
a.
The structure is enlarged in a manner not exceeding one
hundred percent (100%) of the gross floor area; or
b.
The capacity of the structure is increased by adding
dwelling units, floor area, or seats; or
c.
The use of a structure is changed.
2. Ineligible Uses
Exemptions.The following uses are
exempt from the provisions of this subsection and shall be otherwise
required to satisfy the parking requirements of this article: The provisions
of this subsection do not apply to the following uses:
a.
Multi-family residential uses and structures.
b.
Churches, temples and other places or worship.
c.
Theaters, auditoriums, meeting halls, and other places of
assembly.
d.
Clubs, lodges and fraternal organizations.
Section 10. Should any section or provision of this Ordinance or any portion thereof be
declared by a court of competent jurisdiction to be invalid, such decision shall not affect the remainder
of this Ordinance.
Section 11. Authority is hereby given to codify this Ordinance.
Section 12. This Ordinance shall become effective immediately.
FIRST READING this ____ day of ____________, 2011.
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SECOND, FINAL READING AND PASSAGE this ______ day of ________, 2011.
CITY OF BOYNTON BEACH, FLORIDA
______________________________
Mayor – Jose Rodriguez
______________________________
Vice Mayor – Marlene Ross
______________________________
Commissioner – William Orlove
______________________________
Commissioner – Woodrow L. Hay
______________________________
Commissioner – Steven Holzman
ATTEST:
___________________________
Janet M. Prainito, MMC
City Clerk
(Corporate Seal)
158 of 233
DEPARTMENT OF
DEVELOPMENT
PLANNING AND ZONING
Memorandum PZ 10-073
TO: Mayor and City Commission
Ed Breese
FROM:
Principal Planner
THROUGH: Michael Rumpf
Planning and Zoning Director
January 11, 2010
DATE:
Ocean Avenue Overlay (CDRV 11-001)
RE:
NATURE OF REQUEST
Staff is proposing amendments to the Land Development Regulations (LDR) involving the creation of a
Downtown Master
zoning overlay zone for Ocean Avenue to further the vision contained within the
Plan
and support current CRA initiatives.
BACKGROUND
A staff team, including CRA staff, collaborated on a list of appropriate uses and development
Downtown Master Plan
regulations to implement the vision contained within theto create a Public Art
and Cultural Corridor between the marina/waterfront attractions to the east and the cultural/civic
activities to the west on Ocean Avenue. The plan envisions the adaptive reuse of existing buildings and
the relocation of historic structures to vacant parcels along Ocean Avenue, in order to create a mix of
uses which create a sense of place with small shops and restaurants, arts related businesses and
residential uses, all at a pedestrian scale, and contributing to a pedestrian friendly atmosphere.
The meetings with CRA staff has resulted in the creation of a defined area to be subject to the overlay
zone, which is defined as the area bounded on the east by the F.E.C. Railroad, on the west by Seacrest
ststst
Boulevard, on the south by SE 1 Avenue and the north by NE 1 Avenue, except between NE 1 Street
rdst
and NE 3 Street, the north boundary shall be the alley between NE 1 Avenue and Boynton Beach
Boulevard. Development regulations were then created to support the enhancement of the pedestrian and
historic scale of the area, and a list of uses proposed that further the arts and cultural concept envisioned
Downtown Master Plan.
in the Staff was careful to ensure that no existing building or structure would be
deemed to be non-conforming under these new regulations involving setbacks, lot coverage and building
height and that no existing use would be deemed non-conforming. These regulations are also sensitive to
159 of 233
any existing historic structures located within the overlay zone and any others that may be relocated into
the zone in the future. Lastly staff proposes a waiver provision to the development and design standards
to provide flexibility and relief and allow the applicant to submit a superior design that furthers the
purpose and intent of the overlay zone without any detrimental impact on surrounding properties.
PROPOSED AMENDMENTS
Existing regulations:
The area within the proposed overlay zone consists of Neighborhood Commercial (C-2) and Multi-
Family (R-3) zoning on primarily small and moderate size lots.
Proposed regulations:
As part of its analysis, staff reviewed the existing zoning of the properties and concluded that the zoning
Downtown Master Plan.
in place would likely not encourage the type of development envisioned in the
The vast majority of the area is zoned Multi-family (R-3) which does not allow for the mixture of uses
Plan.
being promoted in the Additionally, the long range vision for the area, Mixed Use Low 1 (MU-
L1), did not appear to accommodate the existing small parcels well, catering more to the assembly of
lots for a larger project. Also, the MU-L1 regulations were not very compatible with the existing,
Downtown Master Plan.
smaller scale development already in place and promoted to remain under the
As a result, staff recommends the creation of the Ocean Avenue Overlay Zone and the following
amendments to the Land Development Regulations:
Chapter 1, Article II Definitions;
Chapter 2, Article II Planning & Zoning Division Services;
Chapter 3, Article III Zoning Districts and Overlay Zones;
Chapter 3, Article IV Use Regulations;
Chapter 4, Article II Landscape Design and Buffering Standards; and
Chapter 4, Article V Minimum Off-Street Parking Requirements,
in order to add provisions for selected uses and development regulations for the Ocean Avenue Overlay
Zone, as detailed in “Exhibit A” attached hereto.
RECOMMENDATION
Staff recommends that the proposed amendments to Land Development Regulations to create the Ocean
Downtown Master Plan
Avenue Overlay Zone and further the goals of the be approved.
S:\Planning\SHARED\WP\SPECPROJ\CODE REVIEW\CDRV 11-001 Ocean Avenue Overlay.doc
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9. B
PUBLIC HEARING
February 15, 2011
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD: February 15, 2011
OMMISSION EETING ATE
O PH
PENINGSUBLIC EARING
O CM’R
THERITY ANAGERS EPORT
A/P UB
NNOUNCEMENTSRESENTATIONSNFINISHED USINESS
NO
ATURE F
A NB
DMINISTRATIVEEW USINESS
AI
GENDA TEM
CA L
ONSENT GENDAEGAL
BP$100,000 FAI
IDS AND URCHASES OVER UTURE GENDA TEMS
CCL
ODE OMPLIANCE AND EGAL
S
ETTLEMENTS
RACC:PROPOSED ORDINANCE NO. 11-008 - FIRST
EQUESTED CTION BY ITY OMMISSION
READING - Approve the abandonment of 18.2-foot wide unimproved alley located between West
Ocean Avenue and SW 1st Avenue, extending to Seacrest Boulevard from SW 2nd Street. Applicant:
City initiated. STAFF RECOMMENDS ITEM BE TABLED TO THE MARCH 15TH MEETING to allow
time to further discuss and resolve issues raised at the Board hearing and/or recently identified involving
alternative access, access easements, property maintenance and liability. Date certain tabling will
ensure that the required legal ads/public notices are preserved.
ER: STAFF RECOMMENDS ITEM BE TABLED TO THE MARCH 15TH
XPLANATION OF EQUEST
MEETING to allow time to further discuss and resolve issues raised at the Board hearing and/or recently
identified involving alternative access, access easements, property maintenance and liability. Date
certain tabling will ensure that the required legal ads/public notices are preserved.
H?
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
FI:
ISCAL MPACT
A:
LTERNATIVES
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13. A
LEGAL
February 15, 2011
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IDS AND URCHASES OVER UTURE GENDA TEMS
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ODE OMPLIANCE AND EGAL
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ETTLEMENTS
RACC:PROPOSED ORDINANCE NO. 11-003 - SECOND
EQUESTED CTION BY ITY OMMISSION
READING - Approve revision of Chapter 15-8 titled "Noise Control" (Exhibit "A")
ER:Staff developed revisions to our existing noise regulations to
XPLANATION OF EQUEST
coincide with our proposed Live Entertainment Ordinance in an effort to better address recent
trending towards mixed use environments and in response to concerns expressed to staff by
both the business and residential communities. You’ll note the primary amendments to this
Ordinance involve modification to the definition of weekdays and weekends as well as
modification to the times subject to decibel measurement.
H?No impact either way on City programs or
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
services as we expect to continue to periodically respond to noise related complaints.
FI: No impact.
ISCAL MPACT
A: Modify the proposed language or continue with the existing regulations.
LTERNATIVES
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ORDINANCE NO. 11-____
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
BOYNTON BEACH, FLORIDA AMENDING THE CITY OF
BOYNTON BEACH CODE OF ORDINANCES CHAPTER 15,
“OFFENSES – MISCELLANEOUS”, ARTICLE I, “IN GENERAL”,
SECTIONS 15-8 THROUGH 15-10.7; TO MODIFY THE DEFINITION
OF WEEKDAYS AND WEEKENDS AS WELL AS MODIFY THE
TIMES SUBJECT TO DECIBEL LEVEL MEASUREMENT;
PROVIDING FOR CONFLICTS, SEVERABILITY, CODIFICATION
.
AND AN EFFECTIVE DATE
WHEREAS
, the City Commission desires to amend the City’s Code of Ordinances to better
address recent trending towards mixed use environments and in response to concerns expressed by both
the business and residential communities; and
WHEREAS
, by amending the City’s Noise Control Ordinance, the City Commission recognizes
the need to allow for live entertainment in commercial areas, including mixed use developments, so long
as there are no adverse impacts to adjacent residential uses; and
WHEREAS,
the amendments to the noise control and sound control sections of the City of
Boynton Beach’s Code of Ordinances are in the best interest of the health, safety, and welfare of the
residents, citizens, and businesses within the City of Boynton Beach.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1. The foregoing whereas clauses are true and correct and are now ratified and
confirmed by the City Commission.
Section 2. That Chapter 15, “Offenses - Miscellaneous”, Article I, “In General”, Sections
15-8 through 15-10.7 of the City of Boynton Beach Code of Ordinances be, and the same are hereby
amended as attached hereto and incorporated herein as Exhibit “A”.
Section 3. Each and every other provision of the City of Boynton Beach Code of Ordinances
not herein specifically amended, shall remain in full force and effect as originally adopted.
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Section 4. All laws and ordinances applying to the City of Boynton Beach in conflict with
any provisions of this ordinance are hereby repealed.
Section 5. Should any section or provision of this Ordinance or any portion thereof be
declared by a court of competent jurisdiction to be invalid, such decision shall not affect the remainder
of this Ordinance.
Section 6. Authority is hereby given to codify this Ordinance.
Section 7. This Ordinance shall become effective immediately.
FIRST READING this ____ day of _______________, 2011.
SECOND, FINAL READING AND PASSAGE this _____ day of _____________, 2011.
CITY OF BOYNTON BEACH, FLORIDA
______________________________
Mayor – Jose Rodriguez
______________________________
Vice Mayor – Marlene Ross
______________________________
Commissioner – William Orlove
______________________________
Commissioner – Woodrow L. Hay
ATTEST:
_______________________________
Commissioner- Steven Holzman
___________________________
Janet M. Prainito, MMC
City Clerk
(Corporate Seal)
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Exhibit A
Sec. 15-8. Noise control-Short title.
Sections 15-8 through 15-8.8 shall be known and may be cited by the short title of “City of Boynton
Beach Noise Control Ordinance.”
Sec. 15-8.1. Same-Purpose and space.
It is the purpose of sections 15-8 through 15-8.8 to prevent, prohibit and provide for the abatement of
excessive and unnecessary noise which may injure the health or welfare or degrade the quality of life of
the citizens and residents of the City of Boynton Beach. This section shall apply to the control of all
sound originating within the limits of this jurisdiction.
Sec. 15-8.2. Same-Terminology and standards.
All terminology used in this section shall be as defined herein or, if not defined, given plain
meaning by reference to common dictionary definition. When interpretation is required by reference to a
source more definitive than this code or a dictionary, reference shall first be made to publications of the
American National Standards Institute (ANSI):
A-weighted sound level.
The sound pressure level in decibels as measured on a sound level meter
using the A-weighted network. The level so read is designated dBA.
Apparent property line.
The line along the surface, and its vertical plane extension, which separates
one lot or parcel of property from another.
Construction.
Any site preparation, assembly, erection, substantial repair, alteration or similar action,
but excluding demolition, for or on public or private right-of-way, structures, utilities or similar
property, and excluding well pointing.
Decibel (dB).
A unit for describing the amplitude of sound, equal to twenty (20) times the logarithm
to the base ten (10) of the ratio of the pressure of the sound measured to the reference pressure, which is
twenty (20) micropascals (twenty (20) micro-newtons per square meter).
Demolition.
Any dismantling, intentional destruction or removal of structures, utilities, public or
private right-of-way surfaces or similar property.
Emergency.
Any occurrence or set of circumstances involving actual or eminent physical trauma or
property damage which demands immediate action.
Emergency work.
Any work performed for the purpose of preventing or alleviating the physical
trauma or property damage threatened or caused by an emergency.
Impulse noise.
A discrete noise or series of such noises of short duration (generally less than one (1)
second) in which the sound pressure level rises very quickly to a high before decaying to the background
level.
L10 sound level.
The sound level exceeded for more than ten (10) per cent of a measurement period
which for the purposes of sections 15-8 through 15-8.8 shall not be less than ten (10) minutes.
Motorboat.
Any boat or vessel propelled or powered by machinery whether or not such machinery is
the principal source of propulsion; including but not limited to boats, barges, amphibious craft, water-ski
towing devices, jet skis and hover craft.
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Multifamily dwelling.
A building or other shelter that has been divided into separate units to house
more than one (1) family.
Holiday. Those annual holidays designated in 5 U.S.C. 6103 to include additional days of a
celebratory nature, more specifically; New Year’s Eve, Cinco De Mayo and St. Patrick’s Day
Noise.
Any sound which annoys or disturbs humans or which causes or tends to cause an adverse
psychological or physiological effect on humans.
Noise disturbance.
Any sound in quantities which are or may be potentially harmful or injurious to
human health or welfare, animal or plant life, or property, or unnecessarily interfere with the enjoyment
of life or property, including outdoor recreation, of a reasonable person with normal sensitivities.
Noise sensitive zone.
Existing quiet zones until designated otherwise by a competent authority. Noise
sensitive activities include but are not limited to operations of schools, libraries open to public, churches,
hospitals and nursing homes.
Person.
Any individual, association, partnership or corporation, and includes any officer, employee,
department agency, or instrumentality of the United States, a state or any political subdivision of a state.
Plainly audible.
A sound which is capable of being heard by a human being without the assistance of
a mechanical or electronic listening or amplifying device.
Powered model vehicle.
Any self-propelled airborne, waterborne or landborne plane, vessel or
vehicle which is not designed to carry persons, including but not limited to any model airplane, boat, car
or rocket.
Public right-of-way.
Any street, avenue, boulevard, highway, sidewalk or alley or similar place
normally accessible to the public which is owned or controlled by a governmental entity.
Public space.
Any real property or structures thereon normally accessible to the public.
Pure tone.
Any sound which can be distinctly heard as a single pitch or a set of single pitches. For the
purpose of measurement, a pure tone shall exist if the one-third octave band sound pressure level in the
band with the tone exceeds the arithmetic average of the sound pressure levels of the two (2) contiguous
one-third octave bands by five (5) dB for center frequencies of 500 Hz and above and by eight (8) dB for
center frequencies between 160 and 400 Hz and by fifteen (15) dB for center frequencies less than or
equal to 115 Hz.
Real property line.
An imaginary line along the surface, and its vertical plane extension, which
separates the real property owned, rented or leased by one person from that owned, rented or leased by
another person, excluding intra-building real property divisions.
Residential.
An parcel of land whose use is designated to provide only permanent housing and
excluding all tourist accommodations which includes but is not limited to hotels, motels, apartment
hotels, etc.
RMS sound pressure.
The square root of the time averaged square of the sound pressure.
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Sound.
An oscillation in pressure, stress, particle displacement, particle velocity or other physical
parameter, in a medium with internal forces. The description of sound may include any characteristic of
such sound including duration, intensity and frequency.
Sound disturbance.
Any sound which is:
(1) Plainly audible beyond a distance of twenty five (25) feet or further from the apparent
property line from which the sound emanates, in a single residential zoning district, or
(2) Plainly audible in a dwelling unit adjacent to the unit from which the sound emanates or is
plainly audible twenty five feet (25) feet or further from the apparent property line from which the sound
emanates, in multi-family residential zoning districts.
(3) Plainly audible beyond a distance of one hundred (100) feet or further from the apparent
property line from which the sound emanates when the sound emanates in a commercial zoning district
and is heard in a residential zoning district.
For purpose of enforcement, it is not necessary to specifically identify the property line as would be
depicted on a survey, rather an approximation of the property line may be used taking into consideration
physical landmarks such as fences, landscaping, setbacks, driveways, or ground treatment.
Sound level.
The weighted sound pressure level obtained by the use of a metering characteristic and
weighting A, B, or C as specified in American National Standards Institute specification for sound level
meters, ANSI S1.4-1971, or in successor publications. If the weighing employed is not indicated, the A-
weighting shall apply.
Sound level meter.
An instrument which includes a microphone, amplifier, RMS detector, integrator
or time averager, output meter and weighing networks used to measure sound pressure levels. The
output meter reads sound pressure levels when properly calibrated, and the instrument is of Type 2 or
better, as specified in the American National Standards Institute Publication S1.4-1971, or its successor
publications.
Sound pressure.
The instantaneous difference between the actual pressure and the average or
barometric pressure at a given point in space, as produced by the presence of sound energy.
Sound pressure level.
Twenty (20) times the logarithm to the base ten (10) of the ratio of the RMS
sound pressure to the reference pressure of twenty (20) micropascals (2 x 106N/m2). The sound pressure
level is denoted Lp or SPL and is expressed in decibels.
Weekday.
Any Sunday through Thursday which is not a holiday as defined herein.
Weekend.
Any Friday or Saturday.
Sec. 15-8.3. Same-Program administration.
(a) The noise control program established by sections 15-8 through 15-8.8 shall be administered by
the city manager, or his designee, of the City of Boynton Beach, Florida.
(b) For the purposes of section 15-8.8 and its enforcement, municipal employees or officials
engaged in the measurement of noise, assessing compliance with such sections, making
recommendations for noise abatement, issuing noise violations citations, or giving evidence regarding
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noise violations shall have received formalized training on these subjects from institutions or
organizations of recognized ability and experience in environmental acoustics and noise control.
Sec. 15-8.4. Same-Inspections.
Upon presentation of proper credentials, the city manager or his designee, may enter and/or inspect
any private property, place, report or records at any time when granted permission by the owner, or by
some other person with apparent authority to act for the owner. When permission is refused or cannot be
obtained, a search warrant may be obtained from a court of competent jurisdiction upon showing of
probable cause to believe that a violation of sections 15-8 through 15-8.8 may exist. Such inspection
may include administration of any necessary tests.
Sec. 15-8.5. Noise control—Prohibited acts.
(a) Noise disturbances prohibited. No person shall unnecessarily make, continue or cause to be
made or continued any noise disturbances.
(b) Specific prohibitions. The following acts, and the causing or permitting thereof in such a
manner as to create a noise disturbance across a residential or commercial real property line, or within a
noise sensitive zone, or at any time in violation of the provisions of section 15-8.8, are hereby declared
to be a violation:
(1) Radios, television sets, and similar devices. Operating, playing or permitting the operation
or playing of any radio, television, or phonograph, which produces or reproduces sound either
mechanically or electronically.
(2) Loudspeakers. Using or operating for any purpose other than those activities specifically
exempted in section 15-8.6(4) below, any loudspeaker, loudspeaker system or similar device, including
sound emitting devices which may be physically attached to any motor vehicle.
(3) Street sales. Offering for sale, selling or advertising for sale by shouting or outcry, anything
within any area of the city.
(4) Animals. Owning, possessing or harboring any animal or bird which frequently or for
continued duration, howls, barks, meows, squawks or otherwise makes sounds which create a noise
disturbance.
(5) Loading or unloading. Loading, unloading, opening, closing or other handling of boxes,
crates, containers, building materials, garbage cans, or similar objects in such a manner as to cause a
noise disturbance.
(6) Construction. Operating or causing the operation of any tools or equipment used in
construction, drilling, excavation, clearing, repair, alteration or demolition work on weekdays during the
times specified in section 15-8.8, or at any time during Sundays or legal holidays.
(7) Fixed mechanical equipment. Operating or causing the operation of fixed mechanical
equipment located on real property including HVAC equipment, motors, engines, pumps, compressors,
fans, tools, machinery, and its component parts, or any other similar stationary mechanical devices and
their component parts except as otherwise exempted in section 15-8.6(6).
(8) Motorboats. Operating or causing the operation of a motorboat in such a manner as to cause
a noise disturbance.
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(c) Generators - exemption. Notwithstanding the foregoing prohibited acts, the use of gasoline or
propane powered generators is permitted during periods of power outage following natural disasters and
during periods of maintenance. Operation for purposes of maintenance of the generator shall only occur
during daylight hours on weekdays and only for the minimum amount of time required by the
manufacturer. Any person using a generator, except during periods of power outage following natural
disasters, is subject to the restrictions on noise generation as otherwise set forth in this chapter.
Sec. 15-8.6. Same-Exemptions.
The following acts and the causing or permitting thereof shall be specifically exempted from the
prohibitions of section 15-8.5.
(1) Motor vehicles. Operating motor vehicle noise enforcement procedures shall be as
established in Chapter 316, Florida Statutes, and applicable rules and regulations of the Department of
Highway Safety and Motor Vehicles, provided however, that this exemption shall not apply to any
sound emitting devices which may be attached to any motor vehicle as prohibited by section 15-
8.5(b)(2).
(2) Aircraft and interstate railway and locomotives and cars. Noise generated by aircraft and
interstate railway locomotives and cars are exempt from these provisions.
(3) Emergency activities. Any noise generated as a result of emergency work or for the purpose
of alerting the public to the existence of an emergency situation.
(4) Public speaking and assembly. Any noise generated by any noncommercial public speaking
or public assembly activities conducted pursuant to lawful authority on any public space or right-of-way,
including sporting events.
(5) Domestic power tools and lawn maintenance equipment. Any noise generated by the
operation and use of domestic power tools and lawn maintenance equipment.
(6) Fixed mechanical equipment, noise generated by the operation and use of air conditioning
units in residential districts.
(7) Nonamplified solo musical instrument played by an individual within a private residence
between the hours of 9:00 a.m. and 8:30 p.m.
(8) Construction. The foregoing provisions of Section 15-8.5(a), (b) and subparagraph (6) of
this Section shall not apply to municipal public works, emergency matters or matters having an effect on
the public health, safety and welfare of the city in those zoning districts of commercial and industrial,
and where the noise disturbance across a residential property line would not exceed those sound limits
set forth in Section 15-8.8 of this Article.
Sec. 15-8.7. Same-Penalty for violation.
Any person, firm or corporation convicted in a court of competent jurisdiction of a violation of
sections 15-8 through 15-8.8 shall be guilty of a misdemeanor of the second degree, punishable by a fine
and/or incarceration as provided by law. The City of Boynton Beach Code Compliance Board shall have
the authority and jurisdiction to prosecute such offenses. Each day said violation continues shall be a
separate offense.
Sec. 15-8.8. Same-Sound levels by receiving land use.
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(a) Sound limits established. No person shall operate or cause to be operated any source of sound
as enumerated in section 15-8.5(b), and unless specifically exempted by section 15-8.6, in such a
manner as to create an exterior or interior sound level of any origin which exceeds the limits set forth for
the receiving land use category in question for more than ten (10) per cent of any measurement period
which shall not be less than ten (10) minutes when measured at or within the boundaries of a property or
within the confines of a building within the receiving land use and as a result of a source of sound being
located on some other property.
(b) L10 sound level limits. Permissible sound levels for sounds transmitted to receiving land use
areas shall not exceed the following limits for L10 sound levels as defined herein. For the purpose of
these noise control provisions, such sound levels shall be determined using FAST meter responses:
Receiving Land Use Time L10 Sound Level
Category Limit (dB)A
___________________________________________________________________
Exterior Residential 7:00 a.m. to 11:00 p.m. 60
Sunday through Thursday
7:00 a.m. to 12:00 a.m.
Friday & Saturday and
Holidays
____________________________________________________________________
11:00 p.m. to 7:00 a.m. 55
Sunday through Thursday
12:00 a.m. to 7:00 a.m.
Friday & Saturday and
Holidays
______________________________________________________________________
Exterior Commercial At all times 65
______________________________________________________________________
Interior Residential 7:00 a.m. to 11:00 p.m. 50
Sunday through Thursday
7:00 a.m. to 12:00 a.m.
Friday & Saturday and
Holidays
________________________________________________________________________
11:00 p.m. to 7:00 a.m. 45
Sunday through Thursday
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12:00 a.m. to 7:00 a.m.
Friday & Saturday and
Holidays
________________________________________________________________________
Interior Commercial At all times 55
(c) Maximum sound level limits. The maximum sound level from any applicable sound sources
shall not exceed the L10 sound level limits by more than the values listed below:
10 (dB) A from 7:00 a.m. to 11:00 p.m.
5 (dB) A from 11:00 p.m. to 7:00 a.m.
(d) Pure tone and impulse noise. For any source of sound which emits a pure tone or an impulse
noise, as defined herein, the sound level limits for L10 and maximum sound levels shall be reduced by
five (5) (dB) A.
Sec. 15-9. Obstruction of passageways.
It shall be unlawful for any person to place or erect, upon any public way or passageway to any
building, an obstruction of any type, provided this section shall not prevent the duly authorized or
required placing of temporary barriers or warning signs for the purpose of safeguarding the public.
Sec. 15-10. Sound control - Short title.
This section shall be known and may be cited by the short title of "City of Boynton Beach Sound
Control Ordinance."
Sec. 15-10.1. Purpose.
(a) It is the purpose of this section to preserve the peace and tranquility of residential
neighborhoods by prohibiting excessively loud sound and by requiring abatement of excessively loud
sound.
(b)This section shall apply to the control of sound originating within the jurisdictional limits
of the city without regard to the content, meaning, or message of the sound. It is the express
intent that enforcement of these regulations shall be content neutral.
(c)Please refer to Section 15-8.2 for any definitions applicable to this Section.
Sec. 15-10.3. Administration.
The sound control program established by this section shall be administered by the City Manager, or
his designee, of the City of Boynton Beach, Florida.
Sec. 15-10.4. Inspections.
Upon presentation of proper credentials, the City Manager or his designee, may enter and/or inspect
any private property, place, report or records at any time when granted permission by the owner, or by
some other person with apparent authority to act for the owner.
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Sec. 15-10.5. Prohibited acts.
No person shall make, continue or cause to be made or continued any sound disturbances, as defined
herein, between the hours of 11:00 p.m. and 7:00 a.m on weekdays and between the hours of 12:00 a.m.
and 7:00 a.m. on weekends or holidays.
Sec. 15-10.6. Exemptions.
Sound emanating from the following acts and the causing or permitting thereof shall be specifically
exempted from the prohibitions of section 15-10.5.
(1) Motor vehicles. Operating motor vehicle noise enforcement procedures shall be as
established in F.S. Chapter 316, and applicable rules and regulations of the Department of Highway
Safety and Motor Vehicles.
(2) Aircraft and interstate railway and locomotives and rail cars. Sound generated by aircraft
and interstate railway locomotives and rail cars.
(3) Emergency activities. Any sound generated as a result of emergency work or for the
purpose of alerting the public to the existence of an emergency situation.
(4) Domestic power tools and lawn maintenance equipment. Any sound generated by the
operation and use of domestic power tools and lawn maintenance equipment.
(5) Sound generated by the operation and use of air conditioning units in residential districts.
(6) Non-amplified solo musical instrument played by an individual within a private residence.
Sec. 15-10.7. Enforcement and Penalty.
(a) The City Code Enforcement Board shall have jurisdiction to hear and decide cases in which
violations of this chapter are alleged; or
(b) The city may enforce the provision of this Code by supplemental Code of Ordinance
enforcement procedures as provided by F.S. Chapter 162, Part 2; or
(c) The city may prosecute violations by issuance of notices to appear for violation of a City
Ordinance, in which case, the penalty for a violation shall be as follows:
(1) First violation - $50.00
(2) Second violation within twelve (12) months of adjudication of first violation - $100.00
(3) Third violation within eighteen (18) months of adjudication of first violation - $500.00
Each calendar day on which a violation exists shall constitute a separate violation for the purpose of
determining the fine.
(d) A violation of this Article may be prosecuted as a nuisance. The City Attorney may bring suit
on behalf of the city, or any affected citizen may bring suit in his or her name against the person or
persons causing or maintaining the violation, or against the owner/agent of the building or property on
which the violation exists. Relief may be granted according to the terms and conditions of F.S. Chapter
60, entitled Abatement of Nuisances.
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(e) Violations of this Article may be enforceable by arrest.
(f) For the purpose of this section, any person owning or having responsibility for management of
a business premises, however temporarily, any performer or disc jockey producing sound upon any
business premises, any person playing, producing or controlling music, or other sound, any person
having control of the volume of music or sound, and the business as named on the business tax receipt
where the music or sound is emanating may be jointly and severally liable for compliance with this
Article and shall be responsible for any violations hereof.
(g) No citation or notice to appear for a violation of this section shall be issued until a law
enforcement officer or code enforcement officer has made contact with the owner, occupant or operator
of the property from which the offending sound emanates to request abatement of the offending sound.
When a request for abatement is made and the offending sound is not immediately abated, or if it
resumes within ninety (90) minutes following initial abatement, or occurs again within three (3) days, a
citation or notice to appear may issue without additional request for abatement.
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13. B
LEGAL
February 15, 2011
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD: February 15, 2011
OMMISSION EETING ATE
O PH
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O CM’R
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A/P UB
NNOUNCEMENTSRESENTATIONSNFINISHED USINESS
NO
ATURE F
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DMINISTRATIVEEW USINESS
AI
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ONSENT GENDAEGAL
BP$100,000 FAI
IDS AND URCHASES OVER UTURE GENDA TEMS
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ODE OMPLIANCE AND EGAL
S
ETTLEMENTS
RACC:PROPOSED ORDINANCE NO. 11-004 - SECOND
EQUESTED CTION BY ITY OMMISSION
READING - Approve an Ordinance titled "Live Entertainment Permits"
ER:This Ordinance was presented to the City Commission at the
XPLANATION OF EQUEST
meeting of August 3, 2010 at which time direction was given to staff to further review
approaches used by neighboring communities, consider a reduction of fees associated with
the approval process and consider administering the Ordinance on an administrative level with
only appeals of revocations going before the City Commission. (August 3, 2010 minutes
attached – (Exhibit “B”)
In an effort to address the concerns expressed at the August 3, 2010 City Commission
meeting the committee conducted further research and review with the following results:
The total costs of obtaining the Live Entertainment Permit have been reduced from
$1,000.00 down to $200.00
The review and approval process will be performed at the staff level without need for
City Commission review.
Neither West Palm Beach or Delray Beach currently has processes or legislation that
one would consider relevant to our proposal. Staff review of Ordinances of surrounding
Cities included the recently adopted Code in Lake Worth and Jupiter as well as West
Palm Beach and Delray Beach.
The need for supplemental regulations over and above our decibel thresholds for sound
emanating from establishments that have entertainment can best be explained as follows:
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The Live Entertainment Permit review process affords staff the opportunity to
proactively evaluate proposed venues for entertainment with consideration for levels of
impact on neighboring properties. It also provides staff with an additional means by
which it can determine whether a business is operating within the scope of what has
been approved.
Secondly, and perhaps most important is the fact legitimate measurement of noise
levels of a specific noise source in an urban setting is next to impossible due to the
ambient (“normal”) sound levels for that particular area. In most cases attempts to
measure sound levels in an environment of multiple venues and/or near major
roadways are not considered valid by Acoustical Engineering Standards and therefore
are not defensible in Court.
H?It’s anticipated the proposed Ordinance
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
will assist staff in better monitoring those businesses that feature live entertainment and should
serve to reduce the need for real time monitoring and call response by the Police Department
and/or Code Compliance.
FI: No significant fiscal impact will result from the adoption of these regulations.
ISCAL MPACT
It’s acknowledged there will be an increase in staff work initially as we review a number of
submittals, but once approved the renewals will be automatic as is the case with Business Tax
Receipts.
A: Choose to modify the proposed legislation or continue using the regulations
LTERNATIVES
currently in place.
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ORDINANCE NO. 11-____
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
BOYNTON BEACH, FLORIDA AMENDING THE CITY OF
BOYNTON BEACH CODE OF ORDINANCES BY ENACTING
CHAPTER 13, ARTICLE III, “LIVE ENTERTAINMENT PERMITS”;
TO PROVIDE FOR THE PROCEDURES FOR ISSUING LIVE
ENTERTAINMENT PERMITS, PUBLIC NOTICE AND HEARING;
PROVIDE FOR CONDITIONS OF APPROVAL FOR LIVE
ENTERTAINMENT PERMITS, REGULATION, AND PROCESS FOR
REVOCATION; PROVIDING FOR ENFORCEMENT AND
PENALTIES; PROVIDING FOR CONFLICTS, SEVERABILITY,
.
CODIFICATION AND AN EFFECTIVE DATE
WHEREAS
, the City Commission desires to amend the City’s Code of Ordinances to provide
for a mechanism to regulate the performance of live entertainment within commercial establishments
located in the City in order to insure that the live entertainment is compatible with adjacent properties;
and
WHEREAS
, by regulating the issuance of live entertainment permits, and amending the City’s
Noise Control Ordinance, the City Commission recognizes the need to allow for live entertainment in
commercial areas, including mixed use developments, so long as there are no adverse impacts to
adjacent residential uses; and
WHEREAS,
the implementation of the live entertainment permit process is in the best interest
of the health, safety, and welfare of the residents, citizens, and businesses within the City of Boynton
Beach.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1. The foregoing whereas clauses are true and correct and are now ratified and
confirmed by the City Commission.
Section 2. That Chapter 13 of the City of Boynton Beach Code of Ordinances be, and the
same is herby amended by enacting a new Article III, entitled “Live Entertainment Permits,” to read as
follows:
13-80. Live Entertainment Permit:
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(a) Live entertainment defined. "Live entertainment" means a use in conjunction with a restaurant,
cocktail lounge or other similar establishment, wherein floorshows or other forms of entertainment
consisting of 1 or more persons, amplified or non-amplified sound, are provided indoors or outdoors,
including but not limited to entertainment provided by Disc Jockey, Master of Ceremonies, or Karaoke.
(b) Time limits. Any live entertainment permit granted by the City shall expire 12 months after the
date of approval of such live entertainment permit and must be renewed in accordance with subsection
(h) of this section.
(c) Method of approval. A Live Entertainment Permit may be approved by the City after an
application, as provided herein, has been processed by City staff.
(d) Review and approval procedure.
(1) Live Entertainment Permit applications shall be obtained from and filed with the
Development Department, and may be initiated by the owner of the subject property or
the owner's designated representative. All applications must be signed by the property
owner. A complete application will be processed by the Development Department, which
also consists of the required fee and necessary supportive materials, including the
following:
a. A site and/or floor plan, indicating the location of the live
entertainment.
b. A summary of facts concerning the location and orientation of the live
entertainment, including proposed days and hours of operation, description
of proposed entertainment, description of premises where entertainment is
proposed, number of entertainers, etc.
c. A valid Business Tax Receipt. All businesses wishing to secure an
Entertainment Permit must conform with all local Zoning requirements.
(e) Non-transferable permit. A Live Entertainment Permit is valid only for a specific establishment at a
specific location and is nontransferable to another establishment. If an establishment with a valid Live
Entertainment Permit ceases operation at a specific location and another establishment begins operation
at this location, the Live Entertainment Permit is nontransferable to the new establishment at the same
location. In addition, if an establishment with a valid Live Entertainment Permit relocates, the permit is
nontransferable to the new location. In both instances, a new Live Entertainment Permit application
must be submitted for City Commission consideration.
(f) Standard conditions of approval for all permits. The following are standard conditions for approval
of all Live Entertainment Permits which are incorporated into the City Commission’s approval of a Live
Entertainment Permit application and made a part of the terms under which the Live Entertainment
Permit is granted:
(1) For indoor entertainment, all doors and windows shall remain closed during
performances, with the exception of momentary use for ingress and egress. If doors
and/or windows are opened during the performance, section (f)(2 ) is applicable.
(2) Section 15-8 of the City’s Code of Ordinances, Noise control-Short title; through
Section 15-10.7, Enforcement and Penalty, inclusive, pertaining to noise, shall apply to
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live entertainment, and all live entertainment shall be subject to enforcement of the City’s
Noise Control Ordinance.
(3) Hours of outdoor amplified live entertainment at establishments with a residential
unit or units within 100 feet of the site shall not extend beyond 11:00 p.m. Sunday
through Thursday evenings and.12:00 a.m. on legal holidays as defined in the City’s
Noise Control Ordinance, Friday and Saturday evenings.
(g) Standards for review. In its deliberations concerning the granting of a Live Entertainment Permit,
the City shall carefully consider the following guidelines and standards:
(1) Ingress and egress to the subject property and use, with particular reference to
automotive and pedestrian safety and convenience, traffic generation flow and control,
and access in case of fire or catastrophe, shall be on substantially improved property and
generally conform to current city regulations and not potentially detrimental to existing or
anticipated uses in the vicinity and particularly not detrimental to property immediately
adjacent to the subject site.
(2) Off-street parking areas for the principal use shall be in conformance with applicable
(e.g. parking space requirements) standards with respect to required parking, as well as be
adequate and well-designed, and relate well, in terms of proximity, access and the like, to
the intended entertainment to be serviced, with particular attention to the items listed in
subsection (g)(1) of this section. Further, the smoke, noise, glare, dust, vibrations, fumes,
pollution or odor effects related to the vehicular use area or the live entertainment shall
not be detrimental to the adjoining properties in the general area.
(3) Refuse and service areas, with particular reference to the items listed in subsections
(g)(1) and (2) of this section, shall be adequately screened so as not to be visible from
adjacent properties or a public right-of-way and shall be located in such a way as not to
be a nuisance, by virtue of smoke, noise, glare and the like, to adjacent properties.
(4) Utilities, whether public or private, shall be adequate and not detrimental with
reference to location, availability, adequacy and compatibility.
(5) Screening, buffering or separation of any nuisance or hazardous feature, with
reference to type, dimensions and character, shall be fully and clearly represented on the
submitted plans and shall be adequate to protect adjacent properties. This should include
proposed strategies to mitigate sound levels at adjacent property lines and distances from
the noise source(s) as enumerated in the City’s Noise Control Ordinance.
(6) Proposed signs and exterior lighting shall be considered with reference to glare,
traffic safety and compatibility and harmony with surrounding properties and shall be
determined to be adequate, safe and not detrimental or a nuisance to adjacent properties.
(7) The proposed live entertainment shall be compatible and appropriate with respect to
adjacent properties and other property in the district and geographic area.
(h) Permit renewal procedure. Live Entertainment Permits shall renew on an annual basis in
conjunction with the Business Tax Receipt renewal effective October 1 of each year. Establishments
with complaints that have been the subject of an Order issued by the City’s Code Compliance Board
finding the establishment in violation of City Code, and/or findings by a Civil or Criminal Court of a
violation of City Code or other applicable law(s) shall require annual City Commission approval prior to
the renewal of the Live Entertainment Permit. Live Entertainment Permits not approved for renewal by
City Commission will be prohibited from re-applying for a period of one (1) year.
(i) Revocation of permits. The City Commission may revoke a previously approved Live
Entertainment Permit upon making the following findings in a public hearing:
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(1) The operation of the live entertainment has resulted in the violation of a City
ordinance, or any of the conditions of approval outlined in the approving Resolution,
including the standard conditions outlined in subsection (h) of this section., and that the
City’s Code Compliance Board has found that a violation has occurred, and entered an
order finding that such a violation has occurred pursuant to Chapter 2, Article V, of the
City’s Code of Ordinances.
In the event the City Commission revokes a Live Entertainment Permit, the City
Commission shall not issue a new Live Entertainment Permit for the same location for a
period of twelve (12) months from the date of revocation. In order to submit an
application for a new Live Entertainment Permit, the location must not have been found
in violation of any City code provisions within the twelve (12) month time period just
prior to the date the application for a Live Entertainment Permit is submitted..
(j) The City Commission hereby establishes the following Live Entertainment Permit Application
Fee, a Live Entertainment Permit Fee which is computed based upon the date of the Commission’s
action approving the Application, and an Annual Live Entertainment Permit Renewal Fee:
1. Live Entertainment Permit Application Fee $150.00
2. Annual Live Entertainment Permit Renewal Fee $50.00
(k) Live entertainment without a City Live Entertainment Permit is prohibited and violations of
these regulations may be enforced by the City as follows:
(a) The City Code Compliance Board shall have jurisdiction to hear and decide cases in which
violations of this Chapter are alleged, or
(b) The City may enforce the provision of this Code by supplemental Code or Ordinance
enforcement procedures as provided by Part 2 of Chapter 162, Florida Statutes, or
(c) The City may prosecute violations of this Section by issuance of Notices to Appear for
violation of a City Ordinance, in which case, the penalty for a violation shall be as follows:
(1) First violation - $100.00
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(2) Second violation within twelve (12) months of adjudication of first violation -
$150.00
(3) Third violation within eighteen (18) months of adjudication of first violation -
$250.00
Each day on which a violation exists shall constitute a separate violation for the purpose of
determining the fine, or
(d) The City Attorney, with authorization from the City Commission, may bring suit on behalf
of the City to enjoin any violation of this Ordinance.
Section 3. Each and every other provision of the City of Boynton Beach Code of Ordinances
not herein specifically amended, shall remain in full force and effect as originally adopted.
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Section 4. All laws and ordinances applying to the City of Boynton Beach in conflict with
any provisions of this ordinance are hereby repealed.
Section 5. Should any section or provision of this Ordinance or any portion thereof be
declared by a court of competent jurisdiction to be invalid, such decision shall not affect the remainder
of this Ordinance.
Section 6. Authority is hereby given to codify this Ordinance.
Section 7. This Ordinance shall become effective immediately.
FIRST READING this ____ day of _______________, 2011.
SECOND, FINAL READING AND PASSAGE this _____ day of _____________, 2011.
CITY OF BOYNTON BEACH, FLORIDA
______________________________
Mayor – Jose Rodriguez
______________________________
Vice Mayor – Marlene Ross
______________________________
Commissioner – William Orlove
______________________________
Commissioner – Woodrow L. Hay
ATTEST: _______________________________
Commissioner- Steven Holzman
___________________________
Janet M. Prainito, MMC
City Clerk
(Corporate Seal)
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13. C
LEGAL
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RACC:PROPOSED ORDINANCE NO. 11-006 - SECOND
EQUESTED CTION BY ITY OMMISSION
READING - Approve establishing an Historic Preservation Property Tax Exemption Program for the City
of Boynton Beach
ER: At its meeting of January 18, 2011 the City Commission directed
XPLANATION OF EQUEST
staff, pursuant to public testimony, to take steps to implement the recently adopted Historic
Preservation Ordinance. This included implementation of the provision in the Ordinance which
allows the City to create an Historic Preservation Property Tax Exemption Program as
provided by Sections 196.1997 and 196.1998 Florida Statute (1992).
The ad valorem tax exemption program established by Palm Beach County in 1995
(Ordinance 95-41) provides for the implementation of such a program through an inter-local
agreement with the County and the adoption of a local Tax Abatement Exemption Ordinance
that authorizes the granting of tax exemptions for qualified improvements to properties of
recognized historic value.
H? This is an additional tool to encourage
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
historic preservation and promote economic development in the City.
FI: This will result in the near term loss of property tax revenue with the
ISCAL MPACT
expectation that the historic properties improved by the program will eventually increase in
value thereby generating additional taxes in the long term.
A: Do not establish an Historic Preservation Property Tax Exemption Program for
LTERNATIVES
the City.
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ORDINANCE NO. 11-_____
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
BOYNTON BEACH, FLORIDA, AMENDING PART III – LAND
DEVELOPMENT REGULATIONS, CHAPTER 4 – SITE DEVELOPMENT
STANDARDS, ARTICLE IX BUILDING, CONSTRUCTION AND HISTORIC
PRESERVATION, SECTION 6 HISTORIC PRESERVATION
REQUIREMENTS TO ADD A NEW SUBSECTION H 1A. TAX EXEMPTION
FOR HISTORIC PROPERTIES; TO AUTHORIZE AD VALOREM TAX
EXEMPTIONS FOR HISTORIC PROPERTIES; ESTABLISHING
REQUIREMENTS AND PROCEDURES; DESIGNATING THE HISTORIC
PRESERVATION PLANNER TO REVIEW APPLICATIONS AND THE
HISTORIC PRESERVATION BOARD TO HEAR APPEALS AND MAKE
RECOMMENDATIONS TO THE CITY COMMISSION; ESTABLISHING
PENALTIES; PROVIDING A CODIFICATION, SEVERABILITY AND
CONFLICTS CLAUSE; PROVIDING AN EFFECTIVE DATE; AND FOR
OTHER PURPOSES.
WHEREAS
, the citizens of Florida amended the Florida Constitution, Article VII, Section 3(e),
to authorize counties and municipalities to grant a partial ad valorem tax exemption to owners of historic
properties for improvements to such properties which are the result of the restoration, renovation or
rehabilitation of the historic properties; and.
WHEREAS
, the Florida Legislature enacted Sections 196.1997 and 196.1998, Florida Statutes
(1992), to govern the allowance of such exemptions; and
WHEREAS
, the City Commission desires to create a partial ad valorem tax exemption for
qualifying improvements of historic properties as a means to encourage more restoration, renovation and
rehabilitation of such properties and to stabilize and improve property values in the City.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY
OF BOYNTON BEACH, FLORIDA that:
Section 1.
That the foregoing "WHEREAS" clause is true and correct and hereby ratified and
confirmed by the City Commission.
Section 2.
The City’s Code of Ordinances, Part III – Land Development Regulations,
Chapter 4 – Site Development Standards, Article IX – Building, Construction and Historic Preservation,
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6 – Historic Preservation Requirements is amended to create new Subsection 6 H 1a-q : Tax Exemption
for Historic Properties to read as follows:
a. Definitions.
(1) Alteration - Any construction or change of the exterior of a building, site, or structure
designated as a site or site within a district. For buildings, sites, or structures, alteration shall
include, but is not limited to the changing of roofing or siding materials; changing, eliminating,
or adding doors, moldings, fretwork, door frames, windows, window frames, shutters, fences,
railings, porches, balconies, signs, or other ornamentation; regrading; fill; imploding or other use
of dynamite. Alteration shall not include ordinary repair or maintenance, or changing of paint
color.
(2) Noncontributing Property - A building, site, structure, or object which does not add to the
historic architectural qualities, historic associations, or archaeological values for which a district
is significant because 1) it was not present during the period of significance; 2) due to alterations,
disturbances, additions, or other changes, it no longer possess historic integrity reflecting its
character at that time or is incapable of yielding important information about the period; or 3) it
does not independently meet the National Register of Historic Places criteria for evaluation.
(3) Notice - To an Interested Party, notice shall be by U.S. Mail and deemed given as of the
date of mailing. For all other persons, notice shall be by publication.
b.Tax Exemption for Historic Properties.
(1)The City Commission hereby creates a tax exemption for the restoration, renovation or
rehabilitation of qualifying historic properties designated in herein. Qualifying property shall be
exempt from that portion of ad valorem taxation levied by the City of Boynton Beach on 100%
of the increase in assessed value resulting from any renovation, restoration or rehabilitation of
the qualifying property made on or after the effective date of this ordinance.
(2) The above exemption does not apply to:
(a) Taxes levied for payment of bonds;
(b) Taxes authorized by a vote of the electors pursuant to section 9(b) or section 12,
Article VII, of the Florida Constitution; or
(c) Personal property.
c.Qualifying Properties and Improvements.
(1) The following real property in the City is qualifying property for the purposes of this
ordinance if at the time the exemption is approved by the City Commission, the property:
(a) Is individually listed in the National Register of Historic Places pursuant to the
National Historic Preservation Act of 1966, as amended; or
(b) Is a contributing property to a national register-listed district; or
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(c) Is designated as a historic property, or as a contributing property to a historic
district, under the terms of the City's historic preservation ordinance; and
(d) Has been certified by the Board as satisfying subparagraphs (1)(a), (1)(b), or
(1)(c) above.
(2) For an improvement to a historic property to qualify the property for an exemption, the
improvement must:
(a) Be consistent with the United States Secretary of Interior's Standards for
Rehabilitation, as amended,
(b) Be determined by the Board to meet criteria established in rules adopted by the
Department of State, Division of Historical Resources, FAC lA-38, as amended, and
(c) Be consistent with any ordinance of the city designating the property as historic or
designating the historic district in which the property is located.
d.Evaluation of Property Used for Government or Nonprofit Purpose.
Pursuant to Title XIV,
Chapter 196.1998, Florida Statutes, which allows for exemption from ad valorem taxation of up to 100%
of the assessed value of the property as improved, a property is being used for government or nonprofit
purposes if the sole occupant of at least 65% of the useable space is an agency of the federal, state or a
local government unit or a nonprofit organization certified by the Department of State under Chapter
617.013, Florida Statutes. As for being “regularly and frequently open” for public access, the property
shall be open to the public not less than 12 days per year on an equitably spaced basis, and at other times
by appointment. Nothing herein shall prohibit the owner from charging a reasonable nondiscriminatory
admission fee, comparable to fees charged at similar facilities in the area.
e.Application for Exemption; Fees.
An applicant desiring an ad valorem tax exemption for
proposed improvements to a historic property must file a request accompanied by its corresponding fee
and all documentation required by the application checklist. The request shall be made on the two-part
Historic Preservation Property Tax Exemption Application, approved by the State of Florida, Division
of Historical Resources and promulgated in accordance with Rule 1A-38, Florida Administrative Code,
and include additional information and documentation of the cost of the qualifying improvement. Part 1
of the application, the Preconstruction Application, shall be submitted before qualifying improvements
are initiated and Part 2, the Final Application/ Request for Review of Completed Work, shall be
submitted to the City for review upon completion of the qualifying improvements. The Final
Application / Request for Review of completed Work shall contain the Historic Preservation Exemption
Covenant as established by the Department of State, Division of Historical Resources and applicable for
the term for which the exemption is granted.
f.Preconstruction Application.
The review process shall be initiated with the submittal of a
Preconstruction Application to the City. The Preconstruction Application shall contain a copy of the
application for Certificate of Appropriateness, information on project cost, and a copy of the most recent
tax bill for the subject property from the Palm Beach County Property Appraiser. Upon the receipt of
the Preconstruction Application by the City, the City shall conduct a review for eligibility in accordance
with the requirements stated herein.
g.Review of Preconstruction Application.
A review of the Preconstruction Application shall
be completed by the City in accordance with the established schedule and process.
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(1) Once the City determines that the work as proposed is a qualifying improvement and is in
compliance with the review standards contained herein, the City shall approve the
Preconstruction Application and issue a written notice to the applicant with a copy to the Board.
(2) If the City determines that the work as proposed is not a qualifying improvement or is not
in compliance with the review standards contained herein, a written notice shall be provided to
the applicant, including recommendations concerning the changes to the proposed work
necessary to make it a qualifying improvement and bring it into compliance with the review
standards.
h. Appeals to the Historic Resources Preservation Board.
(1)Within 10 days of receipt of notice that the City has denied a Preconstruction
Application, the applicant may file an appeal of the denial to the Board. The appeal shall be filed
on a form prepared by the City and processed in accordance with the public meeting and
notification procedures required of the City’s quasi-judicial hearing process, except that public
notices need only be mailed to owners of abutting properties.
(2) If the Board denies the appeal, the applicant may appeal the action of the Board to the
City Commission.
i.Issuance of Other Permits or Approval.
If all or part of the proposed improvements require
a building permit or other necessary approval of the City or any other governmental agency, the
improvements shall also be reviewed pursuant to any other applicable code provisions of the City and
require such corresponding approval. A Preconstruction Application shall not be approved by the City
and issued until such permit or other approvals have been granted.
No certificate of occupancy or completion shall be issued by the City until the Final Application has
been approved by the City Commission and all appeal proceedings have been completed.
j.Completion of Work.
An applicant must complete all work within two (2) years
following the date of approval of a Part 1, Preconstruction Application by staff. A Preconstruction
Application shall be automatically revoked if the property owner has not submitted a Final
Application/Request for Review of Completed Work within two (2) years following the date of approval
of the Preconstruction Application.
The Board, upon the recommendation of the City, may extend the time for completion of a substantial
improvement in accordance with the procedures of the City's Building Code.
k.Final Application and Request for Review of Completed Work.
(1)The Final Application / Request for Review of Completed Work shall be accompanied by
documentation of the total cost of the qualifying improvements. Appropriate documentation
may include, but is not limited to paid contractor's bills, cancelled checks, and an approved
building permit application listing the cost of work to be performed. Upon the receipt of a Final
Application / Request for Review of Completed Work and all required supporting documents,
the City shall inspect the completed improvements to ensure compliance with the
Preconstruction Application, Certificate of Appropriateness, and any approved amendments.
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(2) If the City determines that the work is a qualifying improvement and is in compliance
with the review standards contained herein, the Final Application / Request for Review of
Completed Work shall be approved and forwarded to the Board for review, and written notice
shall be provided to the applicant.
(3)If the City determines that the work as completed is not in compliance with the
Preconstruction application or the established timeframe as described in this section, the
applicant shall be given written explanation for such findings, including recommendations
concerning the changes to the proposed work necessary to make it a qualifying improvement and
bring it into compliance with the review standards. The application will be forwarded to the
Board for review once the applicant makes the adequate changes necessary for compliance, or
upon receiving notice from the applicant that no further changes will be made to the project.
l.Recommendations to Historic Resources Preservation Board and City Commission.
On
completion of the review of' a Final Application / Request for Review of Completed Work, the City
shall present such Final Application in a regularly scheduled meeting of the Board and recommend that
such Board grant or deny the exemption. The recommendation and explanation shall be provided in
writing to the applicant and Board for consideration at a public meeting. The application, along with a
recommendation of approval or denial shall subsequently be forwarded by the Board to the City
Commission for final consideration.
m. Approval by the City Commission.
Upon approval of a Final Application / Request for
Review of Completed Work by the Board, the Final Application shall be placed by resolution on the
agenda of the City Commission for approval. The resolution to approve the Final Application shall
indicate the property owner, property address and legal description, time period that exemption will
remain in effect and expiration date, and shall require the owner to record the restrictive covenant in the
Official Record Book of Palm Beach County. The applicant shall provide the City with two certified
copies of the recorded covenant.
n.Notice of Approval to the Property Appraiser.
The City shall transmit the following
certified copies to the Palm Beach County Property Appraiser: 1) recorded restrictive covenant; 2)
approved Final Application / Request for Review of Completed Work; and 3) the resolution of the City
Commission approving the Final Application and authorizing the tax exemption.
o. Effective Date and Duration of Tax Exemption.
When the City Commission approves a
historic preservation tax exemption, the covenant shall be in effect for 10 years; however, the City
Commission has the discretion to approve a shorter time frame if petitioned by the property owner. The
effective date of the exemption shall be January 1 of the following year from when the covenant and
resolution are recorded with the Palm Beach County Clerk of the Court.
p.Property Maintenance, Penalty, and Revocation.
The character of the property and qualifying
improvements are to be maintained during the period that the exemption is granted. Such covenant shall
be binding on the current property owner, transferees, and their heirs, assigns and successors. A
violation of the covenant shall result in the revocation of the granted tax exemption, and the property
owner being subject to the payment of taxes that would have been owed had the exemption not been
initially granted (see subparagraph “2” below). The revocation process shall occur as follows:
(1) Revocation Proceedings.
(a)Staff or the Board may initiate proceedings to revoke the ad valorem tax
exemption provided herein, in the event the applicant, or subsequent owner or successors
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in interest to the property, fails to maintain the property according to the terms and
conditions of the covenant;
(b) The Board shall provide notice to the current owner of record of the property and
hold a revocation public hearing, and make a recommendation to the City Commission;
(c) The City Commission shall review the recommendation of the Board and make a
determination as to whether the tax exemption shall be revoked. Should the City
Commission determined that the tax exemption shall be revoked, a written resolution
revoking the exemption and notice of penalties as provided herein shall be provided to
the owner, the Palm Beach County Property Appraiser and filed in the official records of
Palm Beach County;
(d) Upon receipt of the resolution revoking the tax exemption, the Palm Beach
County Property Appraiser shall discontinue the tax exemption on the property as of
January 1 of the year following receipt of the notice of revocation; and
(2) Notice of Penalties. The resolution revoking the tax exemption shall include a
statement that a penalty equal to the total amount of taxes that would have been due in March of
each of the previous years in which the tax exemption and covenant were in effect had the
property not received the exemption, less the amount of taxes actually paid in those years, plus
interest on the difference calculated as provided in Section 212.12, Florida Statutes shall be
imposed by the Palm Beach County Tax Collector for violation of the terms, conditions and
standards of the Historic Preservation Exemption Covenant.
q.Annual Report.
The City shall prepare an annual report to the City Commission regarding
the tax exemption proposed in this article. The report shall be filed in January of each calendar year,
and shall summarize the activities of the City and Board related to this article during the previous
calendar year. The information shall include, but not be limited to, a list of the properties for which a
Part 1, Preconstruction Application, and Part 2, Final Application/Request for Review of Completed
Work were made during the preceding year; an explanation of the disposition of each application; the
expenditures on each approved qualifying improvement during the calendar year; the total number of
properties currently participating in the program provided within this article; and any other information
requested by the City Commission.
Section 3. All laws and ordinances applying to the City of Boynton Beach in conflict with
any provision of this ordinance are hereby repealed.
Section 4. Should any section or provision of this Ordinance or any portion thereof be
declared by a court of competent jurisdiction to be invalid, such decision shall not affect the remainder
of this Ordinance.
Section 5. Authority is hereby given to codify this Ordinance and to conform the numbering
and lettering sequence to the recently adopted Land Development Regulations.
Section 6. This Ordinance shall become effective immediately.
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st
FIRST READING
this 1 day of February, 2011.
th
SECOND, FINAL READING AND PASSAGE
this 15 day of February, 2011.
CITY OF BOYNTON BEACH, FLORIDA
_____________________________
Mayor – Jose Rodriguez
_____________________________
Vice Mayor – Marlene Ross
_____________________________
Commissioner – William Orlove
_____________________________
Commissioner – Woodrow L. Hay
ATTEST:
_____________________________
Commissioner – Steven Holzman
_______________________________
Janet M. Prainito, MMC
City Clerk
(Corporate Seal)
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13. D
LEGAL
February 15, 2011
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ETTLEMENTS
RACC:PROPOSED ORDINANCE NO. 11-007 - SECOND
EQUESTED CTION BY ITY OMMISSION
READING - Amend Land Development Regulations Chapter 1, Article VII Administrative and Decision
Making Bodies, Section 4. Historic Resources Preservation Board, paragraph B. Establishment,
Composition and Terms, revising the second sentence stating that “Members need not reside or have a
principal place of business in the City"
ER: At its meeting of January 18, 2011, the City Commission determined, by
XPLANATION OF EQUEST
consensus, that they did not wish to restrict membership on the Historic Resources Preservation Board
to city residents. The prevailing view was that in order to insure that the board attracted persons with the
requisite skills and expertise in historic preservation it would be desirable to open its membership to non
–residents. The new language to address the composition of the Historic Resources Preservation Board
is as follows:
B. Establishment, Composition and Terms.
The Historic Resources Preservation
Board shall consist of seven (7) members and two (2) alternate members who shall be
appointed by the City Commission. Members need not be residents or owners of businesses
that are within the City, but preference shall be given to individuals who reside or have a
Deleted:
shall
principal place of business in the City. A minimum of two (2) members shall be chosen from
among the disciplines of architecture, history, architectural history, archaeology, landscape
architecture or planning. A minimum of three (3) additional members of the Board shall be
experienced in the areas of commercial development, real estate, banking or law. The two (2)
remaining members shall be citizen members at large. The two (2) alternate members shall be
from any of the foregoing professions or citizen members at large. All members shall have
demonstrated a special interest, experience or knowledge in historic preservation or closely
related disciplines.
211 of 233
Members of the Board shall serve three (3) year terms. Of the initial appointments, four (4)
members shall be appointed for a term of three (3) years and three (3) members shall be
appointed for a term of two (2) years. Alternate members shall be appointed for a term of two
(2) years. Vacancies on the Board, including expired terms shall be filled by persons with the
same background as the original appointee, or related field, in order to maintain the desired
Board makeup.
H? N/A
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
FI: N/A
ISCAL MPACT
A: Retain the existing residency requirement.
LTERNATIVES
212 of 233
ORDINANCE 10-____
ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH,
FLORIDA, AMENDING PART III, LAND DEVELOPMENT REGULATIONS,
CHAPTER 1, “GENERAL ADMINISTRATION”, ARTICLE VII, “ADMINISTRATIVE
AND DECISION MAKING BODIES”, SECTION 4, ‘HISTORIC RESOURCES
PRESERVATION BOARD”, SUB-SECTION B. “ESTABLISHMENT, COMPOSITION
AND TERMS” REVISING THE RESIDENCY REQUIREMENTS FOR BOARD
MEMBERS; PROVIDING FOR CONFLICT, SEVERABILITY, INCLUSION; AND
EFFECTIVE DATE.
WHEREAS,
at the Commission meeting of January 18, 2011, the City Commission determined
that in order to insure the Historic Resources Preservation Board attracted persons with requisite skills
and expertise in historic preservation they did not want to restrict membership on the Board to City
residents or business owners; and
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY
OF BOYNTON BEACH, FLORIDA:
Section 1. That the foregoing "WHEREAS" clause is true and correct and hereby ratified and
confirmed by the City Commission.
Section 2. That Part III, "Land Development Regulations",Chapter 1, “General
Administration”, Article VII, “Administrative And Decision Making Bodies”, Section 4, ‘Historic
Resources Preservation Board”, Sub-Section B. “Establishment, Composition And Terms” of the Code
of Ordinances of the City of Boynton Beach is hereby amended as follows:
B. Establishment, Composition and Terms.
The Historic Resources
Preservation Board shall consist of seven (7) members and two (2) alternate members who
shall be appointed by the City Commission. Members need not be residents or owners of
businesses that are within the City, but preference shall be given to individuals who reside or
Deleted:
shall
have a principal place of business in the City. A minimum of two (2) members shall be chosen
from among the disciplines of architecture, history, architectural history, archaeology,
landscape architecture or planning. A minimum of three (3) additional members of the Board
shall be experienced in the areas of commercial development, real estate, banking or law. The
two (2) remaining members shall be citizen members at large. The two (2) alternate members
shall be from any of the foregoing professions or citizen members at large. All members shall
have demonstrated a special interest, experience or knowledge in historic preservation or
closely related disciplines.
Members of the Board shall serve three (3) year terms. Of the initial appointments, four (4)
members shall be appointed for a term of three (3) years and three (3) members shall be
appointed for a term of two (2) years. Alternate members shall be appointed for a term of two
213 of 233
(2) years. Vacancies on the Board, including expired terms shall be filled by persons with the
same background as the original appointee, or related field, in order to maintain the desired
Board makeup.
Section 3. All prior ordinances or resolutions or parts thereof in conflict herewith are hereby
repealed to the extent of such conflict.
Section 4. If any section, sentence, clause, or phrase of this Ordinance is held to be invalid or
unconstitutional by any court of competent jurisdiction, then said holding shall in no way affect the validity
of the remaining portions of this Ordinance.
Section 5. It is the intention of the City Commission of the City of Boynton Beach, Florida,
that the provisions of this Ordinance shall become and be made a part of the City of Boynton Beach
Code of Ordinances; and that the sections of this ordinance may be renumbered or relettered and the
word "ordinance" may be changed to "section," "article," or such other appropriate word or phrase in
order to accomplish such intentions.
Section 6. This Ordinance shall be effective immediately after adoption by the City Commission.
214 of 233
FIRST READING this ___ day of __________, 2011.
SECOND AND FINAL READING ADOPTED this ___ day of ________, 2011.
CITY OF BOYNTON BEACH, FLORIDA
_________________________________
Mayor – Jose Rodriguez
_________________________________
Vice Mayor – Marlene Ross
_________________________________
Commissioner – William Orlove
_________________________________
Commissioner – Woodrow L. Hay
_________________________________
Commissioner – Steven Holzman
ATTEST:
______________________________
Janet M. Prainito, MMC
City Clerk
(Corporate Seal)
215 of 233
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RACC:PROPOSED ORDINANCE NO. 11-009 - FIRST
EQUESTED CTION BY ITY OMMISSION
READING of proposed Ordinance establishing a CRA Board comprised of the members of the City
Commission plus two other members appointed by the City Commission
ER: This is the implementing Ordinance to establish a CRA Board
XPLANATION OF EQUEST
comprised of five City Commissioners and two appointees. Direction for this CRA Board
configuration was provided by the City Commission at the February 1, 2011 City Commission
meeting.
H? None
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
FI: None
ISCAL MPACT
A: None
LTERNATIVES
216 of 233
ORDINANCE NO. 11-
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY
OF BOYNTON BEACH, FLORIDA, RESCINDING ORDINANCE
NO. 09-030 WHICH CREATED A SEVEN MEMBER CRA BOARD
AND DELETING IN ITS ENTIRETY SECTION 2-13.2 OF THE
CODE OF ORDINANCES; AMENDING CHAPTER 2.
ADMINISTRATION TO ADD A NEW SECTION 2-13.2
PROVIDING FOR A COMMUNITY REDEVELOPMENT BOARD
COMPRISED OF THE MEMBERS OF THE CITY COMMISSION
PLUS TWO (2) ADDITIONAL MEMBERS APPOINTED BY THE
CITY COMMISSION; PROVIDING FOR CONFLICTS,
SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE.
WHEREAS
, the City of Boynton Beach has determined that it is in the best interests of the
citizens and residents of the City to add establish a Community Redevelopment Agency Board
comprised of the members of the City Commission plus two additional members to the Community
Redevelopment Agency, as permitted by Chapter 163.357(1)(c); and
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY
OF BOYNTON BEACH, FLORIDA, THAT:
Section 1. That Chapter 2. Administration, Section 2-13.2 shall be amended by adding the
words and figures in underlined type, as follows:
Sec. 2-13.2. Governing body of community redevelopment agency.
(a) The Community Redevelopment Agency Board shall consist of the five
members of the City Commission plus two additional members appointed by the
City Commission.
(b) The terms of office of the additional Board members shall be for 4 years,
except that the first person appointed shall initially serve a term of 2 years.
(c) Any person may be appointed as Board Member if he or she resides or is
engaged in business, which means owning a business, practicing a profession, or
performing a service for compensation, or serving as an officer or director of a
corporation or other business entity so engaged, within the area of operation of the
agency, which shall be coterminous with the area of operation of the City of
Boynton Beach.
(d) A certificate of the appointment or reappointment of any Board Member
shall be filed with the City Clerk, and such certificate is conclusive evidence of
the due and proper appointment of such Board Member.
Section 2. All ordinances or parts of ordinances in conflict herewith be and the same are
hereby repealed.
Section 3. Should any section or provision of this ordinance or portion hereof, any
paragraph, sentence or word be declared by a court of competent jurisdiction to be invalid, such decision
shall not affect the remainder of this ordinance.
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Section 4. Authority is hereby granted to codify said ordinance.
Section 5. This ordinance shall become effective immediately upon passage.
FIRST READING
this ____ day of ___________, 2011.
SECOND, FINAL READING AND PASSAGE
this _______ day of ________, 2011.
CITY OF BOYNTON BEACH, FLORIDA
_____________________________
Mayor – Jose Rodriguez
_____________________________
Vice Mayor – Marlene Ross
_____________________________
Commissioner – William Orlove
_____________________________
Commissioner – Woodrow L. Hay
_____________________________
Commissioner – Steven Holzman
ATTEST:
__________________________
Janet M. Prainito, MMC
City Clerk
(Corporate Seal)
218 of 233
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RACC:PROPOSED ORDINANCE NO. 11-010 - FIRST
EQUESTED CTION BY ITY OMMISSION
READING of proposed Ordinance appointing two (2) additional members to the Boynton Beach
Community Redevelopment Board
ER: At the City Commission meeting on February 1, 2011, the City
XPLANATION OF EQUEST
Commission approved the appointment of two additional members to the CRA Board,
specifically James Buchanan and Mark Karageorge. This Ordinance formally implements
those appointments and establishes terms of office for each of the two appointees.
H? No affect.
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
FI: None.
ISCAL MPACT
A: None.
LTERNATIVES
219 of 233
ORDINANCE NO. 11-
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
BOYNTON BEACH, FLORIDA, APPOINTING TWO (2)
ADDITIONAL MEMBERS TO THE BOYNTON BEACH
COMMUNITY REDEVELOPMENT BOARD, ESTABLISHING
TERMS OF APPOINTMENT, AND AN EFFECTIVE DATE.
WHEREAS
, the City of Boynton Beach has determined that it is in the best interests of the
citizens and residents of the City to appoint two additional members to the Board of Commissioners of
the Community Redevelopment Agency; and
WHEREAS,
the City Commission has selected two (2) individuals for appointment to the
Community Redevelopment Agency Board; and
WHEREAS,
Florida Statute §163.356 requires appointment and designation of terms of office
to be by ordinance.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY
OF BOYNTON BEACH, FLORIDA, THAT:
Section 1. That the foregoing "WHEREAS" clause is true and correct and hereby ratified and
confirmed by the City Commission.
Section 2. The following individuals are hereby appointed to service on the Board of the
Boynton Beach Community Redevelopment Agency for the term of office indicated next to their name:
1._____________________ 2 year Term
2._____________________ 4 year Term
Section 3. This Ordinance shall be effective immediately after adoption.
FIRST READING
this ________ day of _____________, 2011.
SECOND, FINAL READING AND PASSAGE
this _______ day of ________, 2011.
CITY OF BOYNTON BEACH, FLORIDA
_____________________________
Mayor – Jose Rodriguez
220 of 233
_____________________________
Vice Mayor – Marlene Ross
_____________________________
Commissioner – William Orlove
_____________________________
Commissioner – Woodrow L. Hay
ATTEST:
_____________________________
Commissioner – Steven Holzman
_______________________________
Janet M. Prainito, MMC
City Clerk
(Corporate Seal)
221 of 233
14. A
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RACC:Discussion of local transportation options - 03/01/11
EQUESTED CTION BY ITY OMMISSION
ER: Status report on comparative research done with the Wellington
XPLANATION OF EQUEST
Para-Taxi Program, the current Shopper Hopper and other program options related to
transportation coordination with Palm-Tran, Tri-Rail and other transportation services funded
by non-profits.
H? Budget constraints require that the
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
Shopper Hopper program be evaluated for effectiveness each year. Other communities have
been experimenting with taxi subsidy programs and other specialized transportation programs
to meet the needs of citizens that might not be available through conventional means.
FI:
ISCAL MPACT
A:
LTERNATIVES
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FUTURE AGENDA ITEMS
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RACC:Geographic boundaries for City of Boynton Beach voting
EQUESTED CTION BY ITY OMMISSION
districts - 3/01/11
ER: The Boynton Beach City Charter, Article II. City Commission, Sec.
XPLANATION OF EQUEST
17(g) Composition, election, terms, vacancies states that “
Geographic boundaries for each
voting district are established pursuant to Section 2-41 of the Code of Ordinances.
Geographic boundaries for each voting district shall be designated, prepared and identified not
later than the first day of January 2002, and every four (4) years thereafter by contract to the
City of Boynton Beach with a four (4) year college or university or educational research
institution located within the State of Florida to be selected by the City Commission of the City
of Boynton Beach, Florida. The election districts shall be of equal population, compact,
proportional and logically related to the natural internal boundaries of the neighborhoods within
the City. The principal of non-discrimination and one man/one vote shall be adhered to
.”
strictly
The last re-districting project was done in 2005 by the Florida International University
Metropolitan Center at a cost of $35,200.
H?
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
FI:
ISCAL MPACT
A:
LTERNATIVES
223 of 233
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RACC:Charter Review Committee - 3/01/11
EQUESTED CTION BY ITY OMMISSION
ER: At the February 1, 2011 City Commission meeting, the
XPLANATION OF EQUEST
Commission directed city staff to bring back for review a suggested timeline and scope of work
for the Charter Review. This matter is scheduled to come back to the City Commission on
3/15/11.
H?
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
FI:
ISCAL MPACT
A:
LTERNATIVES
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RACC:Amendment to Police Officers' Pension Trust Fund -
EQUESTED CTION BY ITY OMMISSION
03/01/11
ER:
XPLANATION OF EQUEST
H?
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
FI:
ISCAL MPACT
A:
LTERNATIVES
225 of 233
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RACC:City of Boynton Beach Green Building Program Ordinance
EQUESTED CTION BY ITY OMMISSION
- 03/01/11
ER:
XPLANATION OF EQUEST
H?
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
FI:
ISCAL MPACT
A:
LTERNATIVES
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RACC:Consider recommendation for proposed renaming of
EQUESTED CTION BY ITY OMMISSION
Veteran's Park, Boat Club Park and Veteran's Bicentennial Park - 03/01/11
ER: Staff is reviewing request from Recreation and Park Advisory
XPLANATION OF EQUEST
Board concerning possible renaming of Veteran’s Park and Veteran’s/Bicentennial Park. In
addition, staff is reviewing the possible re-naming of Boat Club Park in addition to the
recommendations from the Recreation and Parks Advisory Board.
H?
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
FI:
ISCAL MPACT
A:
LTERNATIVES
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RACC:Recommendation from the Recreation & Parks Advisory
EQUESTED CTION BY ITY OMMISSION
Board regarding conversion of Pence Park into a dog park - 03/01/11
ER: Recreation and Parks Recreation Board reviewed request and
XPLANATION OF EQUEST
recommended consideration of an alternate location for a dog park. Staff is preparing
supplemental report in response to this recommendation.
H?
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
FI:
ISCAL MPACT
A:
LTERNATIVES
228 of 233
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RACC:Budget Status Report - Month ended January 31, 2011 -
EQUESTED CTION BY ITY OMMISSION
03/01/11
ER: Because of the short time frame from monthly closing to the
XPLANATION OF EQUEST
agenda preparation deadline for the second meeting of each month. This schedule was not
working so this item will now be on the first meeting of each month and represent data through
the month ending 30 days prior.
H?
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
FI:
ISCAL MPACT
A:
LTERNATIVES
229 of 233
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RACC:Climate Action Plan Implementation Status Report -
EQUESTED CTION BY ITY OMMISSION
3/15/11
ER: Per section 4.1.5 of the Climate Action Plan, adopted by the City
XPLANATION OF EQUEST
Commission through Resolution No. R10-150, the Sustainability Team will meet quarterly to
evaluate the effectiveness of the City’s operations and policies (implementation strategies) on
energy conservation and sustainability and provide a status report to the City Commission, on
a quarterly basis.
H?
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
FI:
ISCAL MPACT
A:
LTERNATIVES
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RACC:Sister Cities Presentation - 03/15/11
EQUESTED CTION BY ITY OMMISSION
ER:
XPLANATION OF EQUEST
H?
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
FI:
ISCAL MPACT
A:
LTERNATIVES
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RACC:Police Complex -- Discussion of project timing, scope,
EQUESTED CTION BY ITY OMMISSION
location and funding alternatives available (TBA)
ER:
XPLANATION OF EQUEST
H?
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
FI:
ISCAL MPACT
A:
LTERNATIVES
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ETTLEMENTS
RACC:Discussion of a proposed committee to be assigned to
EQUESTED CTION BY ITY OMMISSION
explore a Green Market for the City of Boynton Beach in 2011 - TBD
ER: The City Commission originally discussed this matter at the
XPLANATION OF EQUEST
November 16, 2010 meeting. Subsequently, the CRA Board discussed a Green Market
th
Program outlined at their meeting of December 14. The CRA Board authorized the use of a
consultant for a limited feasibility study with active participation of City and CRA staff in data
gathering and discussion.
H? Unknown at this time.
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
FI: Comparative costs and funding sources of the West Palm Beach, Lake Worth
ISCAL MPACT
and Port St. Lucie Green Markets should be obtained.
A: Information
LTERNATIVES
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