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Agenda 07-03-12 Searchable The City of The City of Boynton Beach Boynton Beach 100 E. Boynton Beach Boulevard ● (561) 742-6000 TUESDAY, JULY 3, 2012 6:30 PM FINAL AGENDA City Commission AGENDA Woodrow L. Hay Mayor – At Large Mack McCray Vice Mayor – District II William Orlove Commissioner – District I Steven Holzman Commissioner – District III Marlene Ross Commissioner – District IV Lori LaVerriere Interim City Manager James Cherof City Attorney Janet M. Prainito City Clerk Visit our Web site www.boynton–beach.org Breeze into Boynton Beach – America’s Gateway to the Gulfstream 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). 2 of 382 1. OPENINGS A. Call to order - Mayor Woodrow L. Hay B. Invocation C. Pledge of Allegiance to the Flag led by Commissioner Steve Holzman D. Brand Promise Statement E. 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. Proclaim July as Parks & Recreation Month B. Consider the recommendations of the Financial Advisory Committee (FAC) presented by Don Scantlan, FAC Chair, in connection with the upcoming City Commission budget workshops on July 16, 17 and 18. 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 regular meeting held on June 19, 2012 3 of 382 PROPOSED RESOLUTION NO. R12-053 B. - Approve and authorize signing of an Agreement for Water Service outside the City Limits with George Drapaniotis & Eugenia Manoura for the property at 4528 Woodmere Lane, Lake Worth, FL. PROPOSED RESOLUTION NO. R12-054 C. - Approve First Amendment to the Interlocal Agreement between the Town of Hypoluxo and the City of Boynton Beach for building services PROPOSED RESOLUTION NO. R12-055 D. - Approve an award with Electrical Contracting Service, Inc. of Hialeah, Florida, Bid No.: 044-2821-12/DJL to Furnish and Install Generator Set for the Water Utilities East Well Field for an amount of $69,700 E. Approve the Award for "ANNUAL SUPPLY OF PVC SCHEDULE 40 AND 80 IRRIGATION SUPPLIES" Bid # 031-1412-12/MFD to the lowest, most responsive, responsible bidders meeting all specifications on an "AS NEEDED" basis to the following four (4) companies: FIS Outdoor Inc., HD Supply Waterworks, John Deere Landscapes and Lehman Pipe and Plumbing Supply. The estimated annual expenditure is $35,000. F. Accept the resignation of Christiane Francois, a regular member of the Special Events Ad Hoc Committee 7. BIDS AND PURCHASES OVER $100,000 PROPOSED RESOLUTION NO. R12-056 A. - Approve an annual service Agreement with Motorola, Inc. in the amount of $107,775.24 for the continued maintenance and repair of the City's radio telecommunications systems and authorize the Interim City Manager to sign the Agreement. 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. PROPOSED ORDINANCE NO 12-011 - SECOND READING A. - Approve amendments to the LDR to 1) decrease the required removal frequency from daily to weekly, limited to those MVUs meeting minimum setback requirements and classified by the State as Mobile Food Dispensing Vehicles (MFDVs); and 2) to accommodate limited connection to utilities. Applicant: City Initiated. (TABLED TO JULY 3, 2012) 4 of 382 10. CITY MANAGER’S REPORT A. Accept update on marketing and culturalization initiatives for the City Rebranding Program. PROPOSED RESOLUTION NO. R12 -057 B. - Approve the City's participation in the Interlocal Agreement between the Town of Lantana, Florida, the Town of Mangonia Park, Florida and the Florida Green Finance Authority as a means of implementing and financing a qualifying improvements program for energy conservation and efficiency improvements for commercial properties through Property Assessed Clean Energy (PACE); Approving and Authorizing the Mayor and City Clerk to execute the Party Membership Agreement to the Florida Green Finance Authority. ECONOMIC DEVELOPMENT PROGRAM INITIATIVE # 42 and CLIMATE ACTION PLAN IMPLEMENTATION INITIATIVE # 4.5.2(8) 11. UNFINISHED BUSINESS A. Continued discussion of City Manager search process - per the request of Commissioner Orlove. B. Review of Community Development Block Grant sub-recipient performance 12. NEW BUSINESS None 13. LEGAL PROPOSED ORDINANCE NO. 12-012 - SECOND READING - A. Approve amendments to Code of Ordinances Part II, Chapter 13 "Licenses", requiring Certificate of Use as condition of receiving Business Tax Receipt, and (TABLED TO JULY removing Article I, Sec. 13-28 "Licensing of used car lots" 3, 2012) PROPOSED ORDINANCE NO. 12-013 - FIRST READING - B. Approve amendment to Land Development Regulations intended to extend the trial period for temporary feather banners for 12 months and allow for repeated 90- day display periods PROPOSED RESOLUTION NO. R12-058 - C. Approve joint proposal regarding location and limitation of digital outdoor advertising displays with Clear Channel Outdoor, Inc., and Wilton Manor Street Systems, Inc. 14. FUTURE AGENDA ITEMS A. Special City Commission Budget Meetings, Monday, July 16, 2012 @ 2:00 p.m., Tuesday, July 17, 2012 @ 9:00 a.m. and Wednesday, July 18, 2012 @ 2:00 p.m. in the Library Program Room at the City Library 5 of 382 B. Update on City of Boynton Beach towing contract - 7/17/12 C. 2nd Qtr 2012 report on Economic Development Program Initiatives - 7/17/12 D. 2nd Qtr 2012 update on Climate Action Plan Implementation - 7/17/12 E. Second monthly update on Old High School project - 7/17/12 F. Proposed Interlocal Agreement with Quantum Park Overlay Dependent District - 7/17/12 G. Approve scope of services for police study RFP-7/17/12. H. Discussion of the Palm Beach County Ethics Commission opinion regarding City Commission expense accounts per the request of Commissioner Bill Orlove - 7/17/12. I. City Commission discussion of the South Central Regional Wastewater Treatment & Disposal Board Interlocal Agreement - 7/17/12 J. Discuss scope and timing of Charter Amendments adoption and public hearings - 8/07/12 15. BRAND PROMISE STATEMENT "BREEZE INTO BOYNTON BEACH - AMERICA'S GATEWAY TO THE GULFSTREAM" 16. 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. 6 of 382 3. A ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS July 3, 2012 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: July 3, 2012 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: Proclaim July as Parks & Recreation Month EQUESTED CTION BY ITY OMMISSION ER: National Parks & Recreation Month is scheduled for July. It XPLANATION OF EQUEST is a great time to enjoy many of the popular activities that are organized by the Recreation & Parks Department. The U.S. House of Representatives has designated July as Parks and Recreation Month. By making this proclamation in Boynton Beach, all citizens will be encouraged to celebrate by participating in their choice of fun activities and enjoy the benefits derived from quality public recreation. H? The proclamation will help promote OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES Parks and Recreation in our community. FI: N/A ISCAL MPACT A: Do not proclaim July as Parks & Recreation Month. LTERNATIVES 7 of 382 P R O C L A M A T I O N WHEREAS , parks and recreation program enhance our quality of life by contributing to a healthy lifestyle, increasing communication skills, building self esteem, teaching life skills, and providing places for enjoyment; and WHEREAS , parks and recreation programs boost the economy, enhance property values, attract new business, increase tourism, and reduce crime; and WHEREAS , recreation builds family unity, strengthens neighborhood involvement, offers opportunity for social interaction, enhances education, develops creativity, and promotes cultural diversity; and, WHEREAS , our parks and trails ensure ecological beauty, provide space to enjoy nature, help maintain clean air and water, preserve plant and animal wildlife, and WHEREAS , recreation, therapeutic recreation and leisure education are essential to the rehabilitation of individuals who have been ill or disabled; and WHEREAS , the City of Boynton Beach and the State of Florida recognize the benefits derived from quality public and private recreation and park resources at the local and state level; and WHEREAS , to increase enjoyment for those individuals and families who want to enjoy a healthy environment, the state recognizes that patrons and wildlife deserve clean air and surroundings free from tobacco related pollution and hazards; and WHEREAS , during the 2010-2011 fiscal year more than 750,000 people visited Florida’s 160 state parks, contributing more than $800 million to Florida’s economy and generating more than 16,000 jobs; and WHEREAS , during the 2010-2011 fiscal year more than 750,000 people visited area parks and more than 70,000 rented recreation facilities and park pavilions in the City of Boynton Beach, making a significant economic impact to our local economy; and WHEREAS , the National Recreation and Park Association and the Florida Recreation and Park Association designated July as Recreation and Parks Month; WHEREAS, the National Recreation and Park Association and the Florida Recreation and Park Association designated July as Park and Recreation Month; NOW THEREFORE , I, Woodrow Hay, Mayor of the City of Boynton Beach, proclaim July 2012, as Park and Recreation Month and encourage residents and visitors to enjoy using the parks, trails, programs and special places that enhance the quality of life of our community. In witness thereof , I have hereunto set my hand and caused the Seal of the City of Boynton Beach, . Florida, to be affixed at Boynton Beach Florida, this 3rd day of July in the year 2012 8 of 382 Attest: ____________________________________ Woodrow Hay, Mayor ____________________________ Janet M. Prainito, MMC (Corporate Seal) 9 of 382 3. B ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS July 3, 2012 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: July 3, 2012 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: Consider the recommendations of the Financial EQUESTED CTION BY ITY OMMISSION Advisory Committee (FAC) presented by Don Scantlan, FAC Chair, in connection with the upcoming City Commission budget workshops on July 16, 17 and 18. ER: This presentation provides a summary to the City XPLANATION OF EQUEST Commission of the Committee’s City Services Citizen Survey and twenty-two (22) budget recommendations for the Commission’s consideration in upcoming budget discussions. The attached Executive Summary for Budget Year 2012-2013 summarizes and lists the individual recommendations in two (2) attached documents.  City Services Citizen Survey results and recommendation  Twenty two (22) individual recommendations H? The recommendations of the OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES Financial Advisory Committee propose cost savings alternatives to consider in connection with City services. FI: The fiscal impact is noted for each of the topics studied. The potential ISCAL MPACT impact on the budget for FY 2012-13 totals $6.4 million for the General Fund and $8.1 million for all funds. A: None LTERNATIVES 10 of 382 11 of 382 12 of 382 13 of 382 14 of 382 15 of 382 16 of 382 17 of 382 18 of 382 19 of 382 20 of 382 21 of 382 22 of 382 23 of 382 24 of 382 25 of 382 26 of 382 27 of 382 28 of 382 29 of 382 30 of 382 31 of 382 32 of 382 33 of 382 34 of 382 35 of 382 36 of 382 37 of 382 38 of 382 39 of 382 40 of 382 5. A ADMINISTRATIVE July 3, 2012 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: July 3, 2012 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: Appoint eligible members of the community to EQUESTED CTION BY ITY OMMISSION serve in vacant positions on City advisory boards ER: The attached list contains the names of those who have XPLANATION OF EQUEST applied for 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 OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES keep our Advisory Boards full and operating as effectively as possible. FI: None ISCAL MPACT A: Allow vacancies to remain unfilled. LTERNATIVES 41 of 382 Appointment Length of Term To Be Made Board Expiration Date II McCray Arts Commission Alt 1 yr term to 12/12 Tabled (2) I Orlove Arts Commission Alt 1 yr term to 12/12 Tabled (3) Mayor Hay Bldg. Bd. of Adj. & Appeals Reg 3 yr term to 12/14 Tabled (2) IV Ross Bldg. Bd. of Adj. & Appeals Reg 3 yr term to 12/13 Tabled (3) I Orlove Bldg. Bd. of Adj. & Appeals Alt 1 yr term to 12/12 Tabled (2) II McCray Bldg. Bd. of Adj. & Appeals Alt 1 yr term to 12/12 II McCray Cemetery Bd. Alt 1 yr term to 12/12 Mayor Hay Code Compliance Bd. Alt 1 yr term to 12/12 Tabled (2) IV Ross Education & Youth Advisory Bd. Alt 1 yr term to 12/12 Tabled (2) Mayor Hay Education & Youth Advisory Bd. Stu 1 yr term to 12/12 I Orlove Education & Youth Advisory Bd. Alt 1 yr term to 12/12 IV Ross Financial Advisory Bd. Reg 3 yr term to 6/13 Tabled (3) I Orlove Financial Advisory Bd. Alt 1 yr term to 6/12 Tabled (2) II McCray Financial Advisory Bd. Alt 1 yr term to 6/12 Tabled (2) III Holzman Financial Advisory Bd. Reg 3 yr term to 6/14 Mayor Hay Financial Advisory Bd. Reg 3 yr term to 6/15 Tabled (3) IV Ross Financial Advisory Bd. Reg 3 yr term to 6/15 II McCray Library Bd Alt 1 yr term to 12/12 Tabled (2) III Holzman Planning and Development Bd Reg 2 yr term to 12/13 II McCray Planning and Development Bd Reg 2 yr term to 12/13 Tabled (3) IV Ross Planning and Development Bd Alt 1 yr term to 12/12 Mayor Hay Planning and Development Bd Alt 1 yr term to 12/12 II McCray Recreation & Parks Bd Alt 1 yr term to 12/12 III Holzman Recreation & Parks Bd Alt 1 yr term to 12/12 IV Ross Recreation & Parks Bd Reg 3 yr term to 12/13 III Holzman Senior Advisory Board Reg 2 yr term to 12/12 Tabled (3) S:\CC\WP\BOARDS\APPMENTS\Board Year 2012\Appointments 07-03-12.doc 42 of 382 07-03-12 NO ELIGIBLE APPLICANTS 43 of 382 6. A CONSENT AGENDA July 3, 2012 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: July 3, 2012 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: Approve the minutes from the City Commission EQUESTED CTION BY ITY OMMISSION regular meeting held on June 19, 2012 The City Commission met on June 19, 2012 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 record of the actions taken by OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES the City Commission will be maintained as a permanent record. FI: N/A ISCAL MPACT A: N/A LTERNATIVES 44 of 382 45 of 382 46 of 382 47 of 382 48 of 382 49 of 382 50 of 382 51 of 382 52 of 382 53 of 382 54 of 382 55 of 382 56 of 382 57 of 382 58 of 382 59 of 382 60 of 382 61 of 382 62 of 382 63 of 382 64 of 382 65 of 382 6. B CONSENT AGENDA July 3, 2012 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: July 3, 2012 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. R12-053 - EQUESTED CTION BY ITY OMMISSION Approve and authorize signing of an Agreement for Water Service outside the City Limits with George Drapaniotis & Eugenia Manoura for the property at 4528 Woodmere Lane, Lake Worth, FL. ER: Water service areas have been designated between the XPLANATION OF EQUEST County and local utilities. This was accomplished under agreement #85-757 and revised under City Resolution #00-123, Palm Beach County Agreement R2000-1534. The property covered by this Agreement is located in unincorporated Palm Beach County area outside of the City limits in our water service area north of Old Boynton Beach Road, Between Military Trail and Lawrence Road. The property historically receives water from a well and the owner now requests that we provide potable water in the future. H? The City is able to provide water to OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES the property resulting from water main improvements constructed by the City of Boynton Beach. The owner agrees to be responsible for all costs to provide service to the owner’s premises. No additional construction is required by the City to serve this property. 66 of 382 FI: Customers outside the City limits pay an additional 25% surcharge ISCAL MPACT above the water rates charged to customers within the City. A: Deny request to provide service. If service is denied the Consumptive LTERNATIVES Use Permit could be subject to modification. The Utility Department is granted water allocation under the South Florida Water Management District Consumptive Use Permit. The current permit has limiting restriction #19 that states “The Permittee shall notify the District within 30 days of any change in service area boundary. If the Permittee will not serve a new demand within the service area for which the annual allocation was calculated, the annual allocation may then be subject to modification and reduction”. 67 of 382 RESOLUTION NO. R12- 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 GEORGE DRAPANIOTIS AND EUGENIA MANOURA; PROVIDING AN EFFECTIVE DATE. WHEREAS, the subject property is located outside of the City limits, but within our water and sewer service area, at 4528 Woodmere Lane, Lake Worth, Florida (PCN: 00-42-45-12- 03-008-0100); and WHEREAS, the parcel covered by this agreement is located in unincorporated Palm Beach County portion of the City’s utility service area; and WHEREAS, the property historically receives water from a well and the owner now requests that the City provide potable water in the future; and WHEREAS, no additional construction will be required by the City to serve this property. 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 Interim City Manager to execute a Water Service Agreement between the City of Boynton Beach, Florida and George Drapaniotis and Eugenia Manoura, a copy of said Agreement is attached hereto as Exhibit "A". Section 3. This Resolution shall become effective immediately upon passage. 68 of 382 PASSED AND ADOPTED this _____ day of July, 2012. CITY OF BOYNTON BEACH, FLORIDA ______________________________ Mayor – Woodrow L. Hay _______________________________ Vice Mayor – Mack McCray _______________________________ Commissioner – William Orlove ________________________________ Commissioner – Steven Holzman _______________________________ Commissioner – Marlene Ross ATTEST: ___________________ Janet M. Prainito, MMC City Clerk (Corporate Seal) 69 of 382 70 of 382 71 of 382 72 of 382 73 of 382 74 of 382 75 of 382 76 of 382 77 of 382 78 of 382 6. C CONSENT AGENDA July 3, 2012 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: July 3, 2012 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. R12-054 - EQUESTED CTION BY ITY OMMISSION Approve First Amendment to the Interlocal Agreement between the Town of Hypoluxo and the City of Boynton Beach for building services ER: On July 19, 2011 the City Commission approved and XPLANATION OF EQUEST authorized the Interim City Manager to enter into an Interlocal Agreement to provide building services to the Town of Hypoluxo. On August 1, 2011 the Interim City Manager executed the Interlocal Agreement and the Building Division began providing building services to the Town of Hypoluxo thereafter. The current term on the Agreement is set to expire on July 31, 2012. The First Amendment extends the term of the Interlocal Agreement for an additional one-year period, provides for additional renewal terms, and specifies the rate of compensation for plan review services. H? There will be no impact to City OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES programs or services; current staffing levels support this contract with the Town of Hypoluxo. FI: The Building Division currently generates approximately $30,000 dollars ISCAL MPACT of additional revenue to the City of Boynton Beach by providing these services. A: Do not approve the First Amendment. LTERNATIVES 79 of 382 RESOLUTION NO. R12- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING AND AUTHORIZING THE INTERIM CITY MANAGER AND CITY CLERK TO EXECUTE A FIRST AMENDMENT TO INTERLOCAL AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND THE TOWN OF HYPOLUXO FOR BUILDING CODE ADMINISTRATION SERVICES; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Section 163.01, Florida Statues, known as the “Florida Interlocal Cooperation Act of 1969” authorizes local governments to make the most efficient use of their powers by enabling them to cooperate with other localities on a basis of mutual advantage and thereby to provide services and facilities that will harmonize geographic, economic, population and other factors influencing the needs and development of local communities; and WHEREAS, on July 19, 2011 the City Commission approved and authorized the Interim City Manager to enter into an Interlocal Agreement with the Town of Hypoluxo to provide building services; and WHEREAS, the current term of the Interlocal Agreement expires July 31, 2012; and WHEREAS, the parties desire to extend the term of the Agreement for an additional one-year period, provide for additional renewal terms and specify the rate of compensation for plan review services; 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 and residents of the City of Boynton Beach to authorize execution of the First Amendment to Interlocal Agreement with the Town of Hypoluxo for building code administration services. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 80 of 382 Section 1. Each Whereas clause set forth above is hereby ratified as being true and correct and incorporated herein by this reference. Section 2. The City Commission of the City of Boynton Beach, Florida hereby approves and authorizes the Interim City Manager and City Clerk to execute a First Amendment to Interlocal Agreement between the City of Boynton Beach and the Town of Hypoluxo for building code administration services, said First Amendment being attached hereto as Exhibit "A". Section 3. This Resolution shall become effective immediately upon passage. 81 of 382 PASSED AND ADOPTED this _____ day of July, 2012. CITY OF BOYNTON BEACH, FLORIDA ______________________________ Mayor – Woodrow L. Hay _______________________________ Vice Mayor – Mack McCray _______________________________ Commissioner – William Orlove ________________________________ Commissioner – Steven Holzman _______________________________ Commissioner – Marlene Ross ATTEST: _____________________________ Janet M. Prainito, MMC City Clerk (Corporate Seal) 82 of 382 FIRST AMENDMENT TO INTERLOCAL AGREEMENT BETWEEN THE TOWN OF HYPOLUXO AND THE CITY OF BOYNTON BEACH FOR BUILDING CODE ADMINISTRATION SERVICES This First Amendment to Interlocal Agreement (“First Amendment”) is made and entered into by and between: The CITY BOYNTON BEACH, a municipal corporation organized and existing under the laws of the State of Florida, hereinafter referred to as "BOYNTON BEACH;" AND The TOWN OF HYPOLUXO, a municipal corporation organized and existing under the laws of the state of Florida, hereinafter referred to as "HYPOLUXO." WHEREAS, BOYNTON BEACH and HYPOLUXO entered into an Interlocal Agreement in July 2011 (“Interlocal Agreement”) whereby BOYNTON BEACH agreed to provide building code administration and inspection services within the boundaries of HYPOLUXO commencing August 1, 2011; and WHEREAS, the Interlocal Agreement expires on July 31, 2012 and BOYNTON BEACH and HYPOLUXO wish to amend the Interlocal Agreement to extend the term for an additional one-year period, provide for additional renewal terms, and specify the rate of compensation for plan review services. NOW, THEREFORE, IN CONSIDERATION of the mutual terms, conditions, promises, covenants and payments set forth in the Interlocal Agreement and this First Amendment, and other good and valuable consideration, BOYNTON BEACH and HYPOLUXO agree as follows: 1. The foregoing recitals are ratified and incorporated herein. 2. The parties hereby amend Article 3 of the Interlocal Agreement to add the following service at the specified rate:  Plan Review -- $55.00 per hour. 3. The parties hereby amend Article 4 of the Interlocal Agreement to extend the term of the Agreement for an additional one-year period, from August 1, 2012 through July 31, 2013, and to provide that the Agreement shall automatically renew for additional one-year terms unless written notice of termination by BOYNTON BEACH or HYPOLUXO is provided pursuant to Section 8 of the Interlocal Agreement, Notices. 4. An executed original of this First Amendment to Interlocal Agreement shall be filed with the Clerk of the Circuit Court in and for Palm Beach County, Florida pursuant to Section 9.9 of the Interlocal Agreement. 5. All other provisions of the Interlocal Agreement, to the extent not expressly modified herein, shall remain in full force and effect. CITY OF BOYNTON BEACH 83 of 382 Attest: By_____________________________ Lori LaVerriere, Interim City Manager __________________________ City Clerk ____ day of __________, _____ (date) APPROVED AS TO FORM: By_____________________________ City Attorney TOWN OF HYPOLUXO Attest: By_____________________________ Kenneth M. Schultz, Mayor __________________________ Town Clerk ____ day of ____________, _____ (date) APPROVED AS TO FORM: By_____________________________ Town Attorney 84 of 382 85 of 382 86 of 382 87 of 382 88 of 382 89 of 382 90 of 382 91 of 382 92 of 382 6. D CONSENT AGENDA July 3, 2012 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: July 3, 2012 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. R12-055 - EQUESTED CTION BY ITY OMMISSION Approve an award with Electrical Contracting Service, Inc. of Hialeah, Florida, Bid No.: 044-2821- 12/DJL to Furnish and Install Generator Set for the Water Utilities East Well Field for an amount of $69,700 ER: The City issued an Invitation to Bid (ITB) #044-2821-12/DJL XPLANATION OF EQUEST to Furnish and Install a new engine-driven back-up generator for the 6 wells situated in the Little League ball field. The existing unit is some 30+ years old and is beyond repair. The generator provides power in the event of the loss of the FPL feed to these wells to enable continued operation of the East Water Plant. The ITB was advertised and bids were received On May 30, 2012 with five (5) respondents. After Procurement Services Division’s initial review of the bids, the proposals were submitted to Utilities Department for further review. The lowest priced bid submittal was rendered non-responsive as they took exception to the stipulation in the ITB to provide the necessary literature in response to an offered brand of equipment. (See attached memorandum providing detailed information.) With review of the second lowest bid response, there was concurrence between the Utilities Department and Procurement Services Division that Electrical Contracting Service, Inc. is the most responsive, responsible bidder on the basis not only cost, but acceptable technical specifications and time for completion of work. In addition, the recommended bidder has provided a two (2) year warranty for their equipment which exceeds the minimum requirement of one (1) year. 93 of 382 H? The generator is essential to OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES enable us to continue to provide raw water to the East Treatment Plant in the event of a power failure. If we cannot maintain water production we will lose pressure in the distribution system and require a system wide boil water order. In addition the new centralized meter reading system will also be connected to this system so that in the event of a protracted power outage customer billing will not be impacted. FI: The cost of the generator furnished and installed is $69,700 and the ISCAL MPACT funding will come from the following account within the approved CIP. Account # 403.5000.590.96.02 WTR075 A: The Utility must have a centralized automated back-up power supply to LTERNATIVES this well field if we are to maintain plant operations during periods, such as severe storms and hurricanes, when there is a high risk of losing the regular power supply. This requirement is mandated by the Florida Administrative Code Section 62.555.320(14a). 94 of 382 RESOLUTION NO. R12- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING AN AWARD OF BID #044-2821-12/DJL TO ELECTRICAL CONTRACTING SERVICE, INC., OF HIALEAH, FLORIDA, TO FURNISH AND INSTALL GENERATOR SET FOR THE WATER UTILITIES EAST WELL FIELD IN THE AMOUNT OF $69,700.00; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on May 30, 2012, five (5) bids were received by the City in response to Invitation to Bid #044-2821-12/DJL which were reviewed and evaluated by the Utilities Department and Procurement Services Division; and WHEREAS, there was concurrence that Electrical Contracting Service, Inc., was the most responsive, responsible bidder on the basis not only of cost, but acceptable technical specifications and time for completion of the work. 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. Section 2. The City Commission of the City of Boynton Beach, Florida, hereby approves the award of Bid #044-2821-12/DJL to Electrical Contracting Service, Inc., to furnish and install Generator Set for the Water Utilities East Well Field in the amount of $69,700.00. Section 3. That this Resolution shall become effective immediately. 95 of 382 PASSED AND ADOPTED this ______ day of July, 2012. CITY OF BOYNTON BEACH, FLORIDA ______________________________ Mayor – Woodrow L. Hay ______________________________ Vice Mayor – Mack McCray ______________________________ Commissioner – William Orlove _______________________________ Commissioner – Steven Holzman _______________________________ Commissioner – Marlene Ross ATTEST: __________________________ Janet M. Prainito, MMC City Clerk (Corporate Seal) 96 of 382 97 of 382 98 of 382 99 of 382 100 of 382 101 of 382 102 of 382 103 of 382 104 of 382 105 of 382 106 of 382 107 of 382 108 of 382 109 of 382 110 of 382 111 of 382 112 of 382 113 of 382 114 of 382 115 of 382 116 of 382 6. E CONSENT AGENDA July 3, 2012 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: July 3, 2012 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: Approve the Award for "ANNUAL SUPPLY OF EQUESTED CTION BY ITY OMMISSION PVC SCHEDULE 40 AND 80 IRRIGATION SUPPLIES" Bid # 031-1412-12/MFD to the lowest, most responsive, responsible bidders meeting all specifications on an "AS NEEDED" basis to the following four (4) companies: FIS Outdoor Inc., HD Supply Waterworks, John Deere Landscapes and Lehman Pipe and Plumbing Supply. The estimated annual expenditure is $35,000. BIDTERM: JULY4,2012–JULY3,2013 ER: On May 3, 2012, Procurement Services opened and XPLANATION OF EQUEST tabulated four (4) bids for PVC and Irrigation Supplies. These supplies are used for the repair and maintenance of irrigation systems for City maintained properties. All bids were reviewed by the Warehouse Manager. It was determined to recommend this . award in part to all four (4) companiesThe award is as follows: FIS Outdoor Inc. 67 items ** HD Supply Waterworks 13 items (***) John Deere Landscapes 120 items ** Lehman Pipe and Plumbing Supply 22 items ** (***) No bid / Go out for quotes 2 Items Total 224 items ** There were six (6) items with several vendors tied as the lowest bid. We will determine which vendor to get these items from at the time of the order. Because the prices are the same, delivery time will be used as the deciding factor. These bid items are numbers 2,5,14,23,24,105. 117 of 382 (***) There were two (2) vendors that require a minimum dollar amount per order for the City to receive free shipping: HD Supply Waterworks requires a $35.00 minimum per order; and Lehman Pipe and Plumbing Supply requires a minimum $25.00 per order. The bid will allow for two (2) additional one (1) year extensions at the same terms, conditions and prices subject to vendor acceptance, satisfactory performance and determination that the renewal is in the best interest of the City. PROGRAM IMPACT: The purpose of this bid is to secure a source of supply for the purchase of PVC and Irrigation Supplies. These supplies will be ordered on an “AS NEEDED BASIS” and stocked within the City’s Warehouse. FI:ACCOUNT NUMBER ESTIMATED ISCAL MPACT WAREHOUSE STOCKANNUAL EXPENDITURE 502-0000-141-0100 $35,000 In Fiscal Year 2010/2011 the total expenditure for irrigation supplies was $27,409. The amount spent on irrigation supplies in fiscal year 2009/2010 was $42,491. A: Obtain quotes on an “as needed” basis which would not be cost LTERNATIVES effective. 118 of 382 The City of Boynton Beach Finance Department WAREHOUSE DIVISION TO: Tim Howard, Deputy Director of Financial Services FROM: Michael Dauta, Warehouse Manager DATE: June 11, 2012 SUBJECT: Irrigation Bid # 031-1412-12/MFD I reviewed the tabulation sheet sent from your office. The evaluating factors used were price and delivery charges. The annual estimated expenditure is $35,000. My recommendation is a multi-award to overall low vendor. FIS Outdoor Inc. (Please see notes below) Item(s) 43,44,45,46,47,48,49,50,51,52,53,54,55,56,57,58,59,60,61,62,63,64,65,66, 105 67,68,69,70,71,72,73,74,77,78,79,80,81,82,90,91,92,,109,110,111,112, 113,114,115,116,117,121,122,123,124,129,133,134,135,136,137,138,182, 183,209,210,211 HD Supply Waterworks (Please see notes below) Item(s) 32,75,76,83,84,85,86,87,88,89,118,119,208 John Deere Landscapes (Please see notes below) Item(s) 119 of 382 25142324 ,3,4,,6,7,8,9,10,11,12,,15,16,17,18,19,20,21,22,,,25,26,27,28,29, 30,31,33,34,35,36,37,38,39,40,42,93,94,95,97,98,99,100,101,102,103,104, 105 ,106,107,108,128,130,131,139,140,142,143,147,148,149,150,152,153, 154,155,156,157,158,159,160,161,162,163,165,166,167,168,169,170,171, 172,173,174,175,176,177,178,179,180,181,184,185,186,187,188,189,190, 191,192,193,194,195,196,197,198,199,200,201,202,203,204,205,206,207, 214,215,216,217 Lehman Pipe and Plumbing Supply (Please see notes below) Item(s) 1,2,5,13,14,23,24,41,96,120,125,126,127,132,141,144,145,146,151,164, 212,213 Notes  Item numbers in bold are items awarded to (2) vendors because they have the same low price. Orders will be based on availability and delivery at the time of the order being placed.  Item numbers in italics were awarded to vendors who have a minimum order requirement. HD Supply has a minimum of $35.00 per order and Lehman Pipe has a minimum of $25.00 per order. If the minimum is not met then we will order from the second lowest (if they still honor the price) or go out for quotes: In addition to the overall low prices, the following vendors are offering a discount for items not listed on this bid. FIS Outdoor 40% HD Supply 77% John Deere 50% (Depends on product) Lehman Pipe 25% Cc: Barry Atwood, Director of Finance 120 of 382 121 of 382 122 of 382 123 of 382 124 of 382 125 of 382 126 of 382 127 of 382 128 of 382 129 of 382 130 of 382 131 of 382 132 of 382 133 of 382 134 of 382 135 of 382 136 of 382 137 of 382 138 of 382 139 of 382 140 of 382 141 of 382 142 of 382 143 of 382 144 of 382 145 of 382 146 of 382 147 of 382 148 of 382 6. F CONSENT AGENDA July 3, 2012 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: July 3, 2012 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 resignation of Christiane Francois, a EQUESTED CTION BY ITY OMMISSION regular member of the Special Events Ad Hoc Committee ER: Christiane Francois has submitted her resignation as a XPLANATION OF EQUEST regular member of the Special Events Ad Hoc Committee due to conflicting meeting dates. H? The Special Events Ad Hoc OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES Committee will have a vacant position. FI: None ISCAL MPACT A: None LTERNATIVES 149 of 382 150 of 382 7. A BIDS AND PURCHASES OVER $100,000 July 3, 2012 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: July 3, 2012 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. R12-056 - EQUESTED CTION BY ITY OMMISSION Approve an annual service Agreement with Motorola, Inc. in the amount of $107,775.24 for the continued maintenance and repair of the City's radio telecommunications systems and authorize the Interim City Manager to sign the Agreement. ER: The City maintains a radio telecommunications system that XPLANATION OF EQUEST provides the Police Department, Fire/Rescue Department and other local government entities with radio communications. The Motorola Company manufactured and installed our current system which consists of computer consoles, portable radios, antennas and an infrastructure that requires continuous monitoring and maintenance to insure operational readiness. The City has a ten year relationship with Motorola and this request is for an annual maintenance agreement for Motorola to provide monitoring and diagnostic services along with the replacement or repair of any defects to the infrastructure, computer equipment, and radio repair and upgrades required. Motorola is a sole source provider for the maintenance and repair of the City’s radio telecommunications systems for the following reasons: -Equipment installed and maintained contains proprietary and other protected design aspects, only known to Motorola. -The software that drives the system also contains the proprietary and other protected design aspects. -There are strict licensing controls that can only be carrier out at a Motorola Authorized Service Center. 151 of 382 -There is some communications encryption technology used in the system that requires special handling and repair measures, which can only be carried out at a Motorola Authorized Service Center. While Motorola has the option to subcontract radio maintenance to an authorized Motorola subcontractor, the Communications infrastructure (consoles, repeaters, etc) are serviced and maintained by Motorola directly. Authorized subcontractors of Motorola (i.e. Control Communications) will not contract with entities directly as their work orders are routed through Motorola. The service agreement contract will cover the period 10/01/2012 to 09/30/2013. Based on the above information we recommend the annual service agreement contract be given to Motorola, Inc. in the amount of $107,775.24. H? This service agreement insures OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES that public safety and relevant local government entities can maintain radio communications which is critical to the provision of services to the community. FI: Budget item from the 2012-2013 fiscal year account number 001-1810- ISCAL MPACT 519.46-24. A: Radio communications are mission critical to the public safety function. LTERNATIVES The maintenance contract is required to insure continued operations of the system. If the current system is not maintained the purchase of another system would be required. 152 of 382 RESOLUTION NO. R12- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING A SERVICE AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND MOTOROLA, INC., PROVIDING FOR THE CONTINUED MAINTENANCE AND REPAIR OF THE CITY’S RADIO TELECOMMUNICATIONS SYSTEMS FOR A TWELVE (12) MONTH PERIOD, IN THE AMOUNT OF $107,775.24; AUTHORIZING THE INTERIM CITY MANAGER TO EXECUTE THE AGREEMENT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Boynton Beach, Florida , upon the recommendation of staff, deems it to be in the best interests of the City residents to enter into a Service Agreement with Motorola, Inc., for the continued maintenance and repair of the City’s radio telecommunication systems for a twelve (12) month period; 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, Florida hereby approves the Service Agreement for the maintenance of the radio system between the City of Boynton Beach and Motorola, Inc. for a twelve (12) month period in the amount of $107,775.24. Section 3. The Interim City Manager is authorized to execute the Service Agreement, a copy of which Agreement is attached hereto as Exhibit “A.” Section 4. This Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this _____ day of July, 2012. CITY OF BOYNTON BEACH, FLORIDA 153 of 382 ______________________________ Mayor – Woodrow L. Hay ______________________________ Vice Mayor – Mack McCray ______________________________ Commissioner – William Orlove _______________________________ Commissioner – Steven Holzman _______________________________ ATTEST: Commissioner – Marlene Ross _________________________ Janet M. Prainito, MMC City Clerk (Corporate Seal) 154 of 382 155 of 382 156 of 382 157 of 382 158 of 382 159 of 382 160 of 382 161 of 382 162 of 382 163 of 382 164 of 382 165 of 382 166 of 382 167 of 382 168 of 382 169 of 382 170 of 382 171 of 382 172 of 382 173 of 382 174 of 382 175 of 382 9. A PUBLIC HEARING July 3, 2012 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: 07/03/2012 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 12-011 - EQUESTED CTION BY ITY OMMISSION SECOND READING - Approve amendments to the LDR to 1) decrease the required removal frequency from daily to weekly, limited to those MVUs meeting minimum setback requirements and classified by the State as Mobile Food Dispensing Vehicles (MFDVs); and 2) to accommodate limited connection to utilities. Applicant: City Initiated. (TABLED TO JULY 3, 2012) ER: The City’s MVU regulations (Ordinance 07-024) apply XPLANATION OF EQUEST broadly to all types of mobile vendors, whether providing a service or selling merchandise or food. Mobile food vendors are also regulated by the Florida Department of Business and Professional Regulation, Division of Hotels and Restaurants. The State regulates them as either a Hot Dog cart (HTDG license) or a Mobile Food Dispensing Vehicle (MFDV license). The State requires an MVU with a HTDG license to return daily to its commissary for cleaning, and requires an MVU with a MFDV license to return weekly to its commissary for cleaning (see Exhibit “A”). Staff is proposing to modify certain regulations for mobile vendors with a MFDV license to be more consistent with State requirements. The revisions would apply mainly to MFDV food vendors on very large parcels (home improvement stores, big box retail stores, etc.), and located within close proximity to the principal building at an adequate distance from streets and sidewalks to avoid any visual impacts upon abutting rights-of-way or abutting properties. This is a City-initiated code review whereby staff is proposing to modify the Land Development Regulations (LDR) to allow mobile vending units to be removed once a week (rather than on a daily basis) from an approved location, provided that all of the following apply: (1) the approved and assigned location for the MVU is on private 176 of 382 property; (2) the MVU is a Class “B” greater than 72 square feet in size and licensed with the State as a Mobile Food Dispensing Vehicle (MFDV); and (3) the approved location is a minimum of 250 feet from any right-of-way. Staff is also proposing to modify the LDR to allow utility service connections when said connections are located between the building and the MVU, with the connections not extending more than five (5) feet from the building wall of the principal use on site, and the external connections placed in such a manner as not to cross any pedestrian pathways. This modification acknowledges the power needs of the larger MVU’s, and benefits of them using an available power source from within the building, rather than a generator that would have negative impacts (e.g. noise). Staff is proposing that this item be expedited to minimize the delay in setup and operation of an MFDV approved for the Lowes Home Improvement Center. The unit had been constructed and purchased overlooking the requirement for daily removal. Due to unit design and type of food prepared, daily breakdown and removal isn’t cost effective. Given the location, adjacent land uses, property size, and distance from the right-of- way, no negative impacts are anticipated, and benefits would be realized by employees, customers and the small business industry. At their meeting on May 22, 2012, the Planning and Development Board recommended approval of this request as proposed. H? N/A OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: N/A ISCAL MPACT A: To approve the request with further revisions or deny the proposed LTERNATIVES code revision and keep the current MVU regulations. 177 of 382 ORDINANCE NO. 12- AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA AMENDING THE LAND DEVELOPMENT REGULATIONS BY AMENDING CHAPTER 3, ARTICLE V, SECTION 10G, DECREASING THE REQUIRED REMOVAL FREQUENCY; AMENDING CHAPTER 3, ARTICLE V, SECTION 10F, ACCOMMODATING LIMITED CONNECTION TO UTILITIES; PROVIDING FOR CONFLICTS, SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE. WHEREAS, the City’s MVU regulations apply broadly to all types of mobile vendors, whether providing a service or selling merchandise or food; and WHEREAS, the State requires an MVU with a HTDG license to return daily to its commissary for cleaning, and requires an MVU with a MFDV license to return weekly to its commissary for cleaning; and WHEREAS, staff is proposing to modify the Land Development Regulations (LDR) to allow mobile vending units to be removed once a week (rather than on a daily basis) from an approved location, provided that all of the following apply: (1) the approved and assigned location for the MVU is on private property; (2) the MVU is a Class “B” greater than 72 square feet in size and licensed with the State as a Mobile Food Dispensing Vehicle (MFDV); and (3) the approved location is a minimum of 250 feet from any right-of-way; and WHEREAS, Staff is also proposing to modify the LDR to allow utility service connections when said connections are located between the building and the MVU, with the connections not extending more than five (5) feet from the building wall of the principal use on site, and the external connections placed in such a manner as not to cross any pedestrian pathways which acknowledges the power needs of the larger MVU’s, and benefits of them using an available power source from within the building, rather than a generator that would have negative impacts; and 178 of 382 WHEREAS, upon recommendation of staff, 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 decrease the required removal frequency from daily to weekly, limited to those MVUs meeting minimum setback requirements and classified by the State as Mobile Food Dispensing Vehicles and accommodating limited connection to utilities. 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. Chapter 3, Article V, Section 10G, of the Land Development Regulations, is hereby amended by adding the words and figures in underlined type, as follows: Removal. G. Each MVU shall be removed daily. An MVU shall not remain on any public or private property, or within any rights-of-way, between the hours of midnight and 6:00 a.m. and shall be required to be removed from the site daily, unless all of the following requirements are met: a. the approved and assigned location for the MVU is on private property; b. the MVU is a Class “B” MVU greater than 72 square feet in size and licensed with the State as a Mobile Food Dispensing Vehicle (MFDV); c. the approved location for the MVU is a minimum of 250 feet from any right-of- way. If a mobile vendor meets all of the criteria above (in a.-c.), the MVU shall be required to be removed from site to the commissary for cleaning at least once per week in accordance with State requirements. Section 3. Chapter 3, Article V, Section 10F, of the Land Development Regulations, is hereby amended by adding the words and figures in underlined type, as follows: Location Criteria. F. An MVU shall be limited to one (1) assigned location and must be self-contained. Utility service connections are not permitted, with the exception of a Class “B” MVU licensed as a MFDV when the utility service connection is located between the building and the MVU, and the external utility service connection does not extend more than five (5) feet from the building wall of the principal use on site, and is placed in such a manner as not to cross any pedestrian pathways. 179 of 382 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. Section 6. This Ordinance shall become effective immediately. FIRST READING this ____ day of ____________, 2012. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] 180 of 382 SECOND, FINAL READING AND PASSAGE this ______ day of ________, 2012. CITY OF BOYNTON BEACH, FLORIDA ______________________________ Mayor – Woodrow L. Hay ______________________________ Vice Mayor – Mack McCray ______________________________ Commissioner – William Orlove ______________________________ Commissioner – Steven Holzman ______________________________ Commissioner – Marlene Ross ATTEST: ___________________________ Janet M. Prainito, MMC City Clerk (Corporate Seal) 181 of 382 182 of 382 183 of 382 184 of 382 185 of 382 186 of 382 187 of 382 10. A CITY MANAGER’S REPORT July 3, 2012 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: July 3, 2012 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 update on marketing and culturalization EQUESTED CTION BY ITY OMMISSION initiatives for the City Rebranding Program. ER: At the March 6, 2012 City Commission meeting, members of XPLANATION OF EQUEST the City Commission and the public were introduced to the Boynton Beach Brand Promise that was created by Boynton Beach community stakeholders for the City’s rebranding program. Part of the overall presentation was a review of the Brand Blueprint which listed some “next steps” for the culturalization of employees and external stakeholders to promote the Brand Promise message. The City Commission by consensus directed staff to proceed with the creation of a Brand Blueprint and Marketing Plan, based on the recommendations and implementation strategies discussed in the preliminary blueprint. On June 11, 2012 the first meeting of the Brand Promise Marketing Team was held. The marketing team is comprised of area marketing specialists that have generously donated their time and efforts to assist the City in creating a long-term marketing plan. Members of the Brand Promise Marketing Team are as follows: Lindsey Nuzzo, Marketing and Development Coordinator for the Schoolhouse Children’s Museum & Learning Center. Wayne Segal, Former Director of Public Affairs for the City of Boynton Beach. Ginny Shea, Senior Recreation Manager and Marketing for the City of Boynton Beach. Roz Kodish, Owner/Operator of Everything Logo, Inc. and a Greater Boynton Beach Chamber of Commerce member. Margee Walsh, Marketing Director for the Boynton Beach CRA. 188 of 382 Marlene Passell, Owner/Operator of Media & Communications Management Services and former Public Information Director for the Children’s Services Council of PBC. Diana Johnson , Executive Administrator for the Clerk & Comptroller Palm Beach County and former President of the Greater Boynton Beach Chamber of Commerce Debby Coles-Dobay , Public Arts Director for the City of Boynton Beach Enid Silberstein, Vice President of Operations of the Greater Boynton Beach Chamber of Commerce. Carisse LeJeune, Interim Assistant City Manager and Marketing Team Facilitator. The Brand Promise Marketing Team has met three times and has produced a preliminary draft marketing plan. As the plan proceeds and budgets are established, more definitive cost data will be provided. The costs associated with the attached draft marketing plan are best estimates based on industry knowledge. Coinciding with the efforts of the marketing team, the Human Resources department has been working on a draft Employee Engagement program for branding awareness that consists of an education training program, a recruitment and retention strategy and on-going employee engagement to help employees embrace the Brand Promise and a customer-centric philosophy that will enable them to deliver the promise through their daily operations. The Brand Promise Marketing Team is currently in the process of assisting the City to develop a visual representation of the Brand Promise, including logo and tag line, guidelines for usage, and collateral materials, both internally and externally. An invitation for quote has gone out to twelve independent graphic design companies and artists. The marketing team has established evaluation criteria to select a designer to provide three to five graphic representations of the Brand Promise. The marketing team anticipates bringing a final product to the Commission for approval by October 2012. Concurrently, the marketing team will be working on the guidelines for usage for both internal and external stakeholders. City staff members of an internal marketing team are currently working with department designees and the City’s Webmaster to create a fresh new website design reflective of the Brand Promise and the City’s economic development goals. City staff is also working on creating the City’s Brand Story which preserves and communicates the brand’s (Boynton Beach) heritage. The Brand Promise Marketing Team is working on the creation of a draft “elevator speech” for comment and feedback by the new Economic Development team. H? The goal of the Brand Promise OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES Marketing Team is to convey the Brand Promise in a consistent manner that can be easily understood, grasped quickly and be simple to incorporate, and to highlight Boynton Beach as a destination location for economic development. In order to deliver the promise, staff is working to ensure that alignment exists between the Brand Promise that is promoted to the public and the commitment City employees’ exhibit on a daily basis by embracing a customer-centric philosophy. FI: To be determined. Please refer to the attached proposed draft ISCAL MPACT marketing plan. 189 of 382 A: LTERNATIVES 1.) Approve draft marketing plan. 2.) Reject draft marketing plan. 3.) Suggest revisions to draft marketing plan. 190 of 382 BOYNTON BEACH BRAND PROMISE BLUEPRINT & MARKETING PLAN Mission Statement: The Mission of the Boynton Beach Brand Promise Marketing Team is to create the blueprint that conveys the Brand Promise Message to provide exceptional experiences that stimulate and nourish the mind, body and spirit; creates unforgettable memories and inspires success, making Boynton Beach a destination location. Goals & Objectives: GOAL: Create brand awareness by using one image, Brand Promise Message and tagline whenever possible according to the established guidelines.  OBJECTIVE: Promote Boynton Beach in positive, memorable ways.  OBJECTIVE: Maintain brand image and message consistency. GOAL: Create the broader awareness and participation of all community partners in the marketing program.  OBJECTIVE: Establish marketing partnerships within the community through targeted outreach and events. GOAL: Promote Boynton Beach as a viable destination.  OBJECTIVE: Build and strengthen collaborative alliances beyond Boynton Beach’s borders to create awareness of the Brand Promise Message. PURPOSE OF BLUEPRINT & MARKETING PLAN To convey Brand Promise in a consistent manner that can be easily understood, grasped quickly and be simple to incorporate. To highlight Boynton Beach as a destination location. To ensure that alignment exists between the Brand Promise that is promoted to the public and the commitment City employees’ exhibit on a daily basis by embracing a customer-centric philosophy. “Brand” Boynton Beach as the closest community to the Atlantic where everyone can enjoy the “coastal lifestyle,” ultimately creating a greater sense of pride and appreciation of the community. IDENTIFY THE TARGET MARKET Local: Businesses, Residents, Visitors, Developers, Corporate Entities, Non- profit organizations, Educational Institutions, Government Officials, City employees, CRA staff, Chamber members and staff. Regional / State: Palm Beach County, Business Development Board, Convention & Visitors Bureau, Economic Development Office, Florida Businesses, Residents, Visitors, Developers, Corporate Entities, Non-profits, Educational Institutions, Florida Redevelopment Association, Office of Economic Opportunity. National / International: Relocating Businesses, Relocating Residents, Visitors/Tourists, Developers, Corporate Entities, Non-profit organizations, 191 of 382 Educational Institutions, International Downtown Association. IDENTIFY THE NICHE Boynton Beach, America’s Gateway to the Gulfstream offers the closest access from I-95 to the coastal lifestyle. IDENTIFY BENEFITS & COMPETITIVE ADVANTAGE A tropical home town where the Atlantic and Florida’s Everglades meet. Conveniently nestled in the coastal heart of Palm Beach County. Offers waterfront dining, abundant shopping and lively entertainment. The nearby Gulfstream brings cooling summer breezes and warm winter sunshine. A water-sports paradise where recreation is a lifestyle. A business friendly community that welcomes entrepreneurs and artists. A sustainable, green-living community that values art, culture, education and history. Offers affordable, family-friendly neighborhoods and excellent schools. CITY OF BOYNTON BEACH IDENTITY America’s Gateway to the Gulfstream TACTICS & STRATEGIES Timeline Key for tactics/strategies: (E) Existing (already implemented or underway) (S) Short-term: (1st year) (M) Medium-term (2nd year) (L) Long-term (3 + years) Time Cost Develop a visual representation of new branding, including logo and tag line, guidelines for usage, and collateral materials, both internally and externally. (E) $5K Image development, including written guidelines and presentation. (E) $3K Create Guidelines for Usage documents; one for (1000 internal organization and one for external thumb stakeholders. Digital documents. Documents will be drives distributed on thumb drives, CD’s & will be available and on the website. Also look into sponsorships. CD’s.) (E) Staff time Utilize web sites, social media, email tags and other (S) digital venues to convey the Brand Promise message both internally and externally (S) $20k Collateral materials including signage, printed 192 of 382 brochures, cards, posters and “give-aways” (S) $10K Advertising campaign to include print ad and 3 minute audio/visual brand video to be posted to all digital formats. (M) $180K Street Banners (L) (E) Ensure that the city’s website clearly establishes the identity. Staff time (E) Ensure that all messages are consistent, that there are many Staff time (S) supporters who will include information in their own social and (M) media. The Brand Promise Guidelines will help to volunteer (L) accomplish this. hours (E) Develop a 5-year plan for marketing. Volunteer hours Create Employee Brand Promise Awareness/Engagement Program to ensure alignment exists between the brand that is promoted to the public and the commitment employees exhibit on a daily basis to deliver the promise. (E) H.R. staff Train current employees about the organization’s (S) time Brand Promise through established lesson plans.  Emphasize employees’ importance and status as $500 ambassadors for the City. (reward  Work with individual employees to help them explore system) how their individual position can be used to deliver the promise. $200  Measure levels of employee engagement / behaviors. (training  Reinforce positive behaviors through defined video) evaluation and reward system.  Create new recruitment / retention strategy and new $150 employee orientation program focused on delivering (training the promise. materials) Develop a brand story. (E) Staff time Preserves and communicates the brand’s (Boynton Beach) heritage. This will be created by staff. Develop an elevator speech and other materials with consistent messages tailored to the specific audiences. (E) Volunteer A short summary used to quickly and simply sum up hours unique aspects of your service or product in a way that excites others in the span of an elevator ride, or approximately thirty seconds to two minutes. This will be created by the Brand Marketing Team (M) Develop and offer incentives to businesses for adding a new TBD logo and branding information to their written materials and engage in delivering the Brand Promise experience to their customers. Develop presentations and a speaker’s bureau to address the various audiences to inform them of the new branding and its importance, including but limited to: (M) & Staff time Greater Boynton Beach Chamber of Commerce 193 of 382 (L) and Non-Chamber affiliated businesses to include minority Volunteer and small scale hours Large Employers (BB Mall, Bethesda, Walmart, Publix, etc.)  Educational institutions  Real estate boards and associations (Realtors Association of the Palm Beaches)  Large real estate commercial brokerage firms (CBRE, Cushman & Wakefield etc)  Local developers/agents/land use lawyers  City Advisory Boards  COBWRA  Greater Boynton Beach Foundation  United Way  Banks/Financial Institutions  Business Development Firms (i.e. Paul Skyers)  Children’s Services Council  Literacy Coalition  WXEL  School Board  Neighborhood and Homeowner Associations  Faith-based organizations  Business Development Board  Convention and Visitors Bureau  Palm Beach County Cultural Council (M) Create partnerships with local organizations to become TBD (L) external Ambassadors for the Brand Promise. Collaborate with City Advisory Boards to help implement (M) TBD (L) strategies that will promote and celebrate education as an essential part of Boynton Beach’s identity. (M) Take part in at least 3 local events per year, using signage, $5K for 3 written materials and media to spread the messages. events (M) Create brief videos of ordinary citizens and tourists and $300 per business owners and patrons talking about what they like video about Boynton. 194 of 382 10. B CITY MANAGER’S REPORT July 3, 2012 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: July 3, 2012 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. R12 -057 - EQUESTED CTION BY ITY OMMISSION Approve the City's participation in the Interlocal Agreement between the Town of Lantana, Florida, the Town of Mangonia Park, Florida and the Florida Green Finance Authority as a means of implementing and financing a qualifying improvements program for energy conservation and efficiency improvements for commercial properties through Property Assessed Clean Energy (PACE); Approving and Authorizing the Mayor and City Clerk to execute the Party Membership Agreement to the Florida Green Finance Authority. ECONOMIC DEVELOPMENT PROGRAM INITIATIVE # 42 and CLIMATE ACTION PLAN IMPLEMENTATION INITIATIVE # 4.5.2(8) ER: The Town of Lantana, in partnership with the Greater Lake Worth XPLANATION OF EQUEST Chamber of Commerce and the Greater Boynton Beach Chamber of Commerce received a Florida Clean Energy Grant that facilitated the creation of a program to provide financing to businesses to complete energy efficiency or renewable energy projects on their buildings and facilities. This program applies a financing and repayment mechanism called “PACE” (Property Assessed Clean Energy). The program offers financing to commercial property owners, but allows them to repay that debt through their annual tax bill. This way, there is an immediate benefit of lower energy costs, creating jobs for installers, and conservation. There’s also the long-term cost savings benefit for the property owner and the environment. It is the first commercially-focused financing program of its kind in the State of Florida and one of only a handful in the entire country. It will seek to build upon the success of a similar PACE financing program for residential property owners that was established by Leon County, Florida – the Leon Energy Assistance Program (LEAP). 195 of 382 The financing program utilizes the open market approach to stimulate competition among banks, energy service providers and other vendors, to finance energy-saving projects for a property owner. This approach keeps economic development and job creation local, opposed to an “exclusive consortium” arrangement. The open market approach provides room for multiple businesses and providers, and is comparable to similar programs in San Francisco and Los Angeles recently lauded by the Clinton Climate Change Initiative. Under Section 163.01 of the Florida State Statutes, local governments may enter in interlocal agreements for their mutual benefits and allows for the creation of a separate legal or administrative entity to carry out the purposes of an interlocal agreement. Section 163.08 also provides that local government may finance qualifying improvements, including the type of energy efficiency improvements sought to be provided by this agreement via the levy and collection of voluntary non-ad valorem assessments on improved property. The qualifying improvements program entitled “Florida Green Energy Works” (FGEW) is administered through an Interlocal Financing Authority district (the Florida Green Financing Authority). Another facet of the FGEW is the Green Business Certification Program which is a tool for local businesses. The certification program provides a step-by-step process for incorporating affordable green practices and technologies into the business. It is tailored to any sector, is easy to use, and delivers immediate and cost effective results. FGEW also offers a Contractor Certification Program that verifies business licenses, confirms contractor experience in energy efficient retrofits, and provides leads to qualified applicants. Contractors negotiate directly with owners as part of the competitive bid process, facilitating the open market approach. The Florida Green Energy Works (PACE) program has been established through an agreement between the Town of Lantana and the Town of Mangonia Park. Other municipalities have the ability to “opt-in” to the program at no cost by passing a resolution to become a party to the interlocal agreement. The City of West Palm Beach and the City of Delray Beach have both opted in to this program and the Lake Worth City Council will be considering the program in the very near future, creating a regional district to provide financing to their businesses for cost- saving energy retrofits. The City of Boynton Beach would be an important piece of the puzzle that will complete a contiguous district which would be the only one of its kind in the State of Florida. Establishing a PACE funding mechanism has been identified and approved by the City Commission in both the Climate Action Plan and the Economic Development Program. Economic Development Program Initiative # 42 “ Establish a PACE funding mechanism to assist Business and multi-family developments in funding energy upgrades in partnership with the Greater Boynton Beach Chamber of Commerce’s Green Business Program.” Climate Action Plan Implementation Initiative # 4.5.2(8) “Investigate low interest revolving loan funds or establishment of a Property Assessed Clean Energy (“PACE”) to help finance retrofits. Ensure the program includes commercial, residential and industrial projects to maximize energy retrofit benefits among the highest energy consumers.” It is Staff’s recommendation that the City of Boynton Beach opt-in to the existing FGEW program. The Town of Lantana went through the bid process to choose their existing third party administrator for the program. Staff believes that it would not be cost efficient to go through another bid process to create our own, stand alone financing district. The approximate cost of creating a separate PACE program for the City of Boynton Beach would be around $400,000. This cost is based upon the expenses incurred by the Town of Lantana, funded by the Florida Clean Energy Grant (ARRA Funding). The start-up costs for the FGEW are as follows: 196 of 382  $201,000 for the administrative team to: Design and establish website, application process and make program functional o to process applications. Design the program requirements and criteria for participation (including o application process). Create the legal mechanisms to repay the financing (develop and finalize o agreements with the property Appraiser and Tax Collector). Design the financing agreement. o Draft the Interlocal Agreement. o Outreach to financing partners and banks to assure proper underwriting criteria o were developed.  $100,000 for first year operations of the Interlocal Authority including: Administrative aspects, reporting, auditing and management of in the same way o a special district is managed. All public noticing. o Development of meeting agendas and materials. o Bond validation process (statewide application of judgment) o General Counsel for the Interlocal Authority. o  $40,000 for the 4 workshops. 2 workshops were for PACE, 2 workshops were for the Green Business Certification component (which is designed to run hand in hand with the PACE program). Businesses that take out PACE financing should be able to achieve the minimal level of certification, thus being able to “market” their commitment to conservation and a sustainable community by participating in PACE. They become a “good neighbor” which is an intangible asset.  $80,000 - $100,000 in “in-kind” professional fees from EcoCity Partners, Renewable Funding and legal counsel. (The actual grant was for $341,000). It is important to note that by opting-in to the FGEW program, no local government will have to bear these costs as it is all being done through the Financing Authority. Nor will these costs have to be recouped through fees or increased interest rates for the program participants. These costs are consistent with the FGEW’s partner Renewable Funding’s experience in California where they have formed multi-jurisdictional PACE programs that service over 65% of the population of California. H? By opting-in to the Florida Green OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES Energy Works PACE program, the City of Boynton Beach will immediately be able to provide commercial property owners the ability to finance energy improvements to their business properties through assessments on their tax bills. This program will encourage energy efficient practices and create jobs. It will impact the business community’s carbon footprint by reducing greenhouse gas emissions and helping to meet our goal of an 18% reduction of GHG emissions by 2035. PACE has also been identified as an economic development tool to assist with business retention by reducing the overhead expenses including water, waste and energy, of businesses and multi-family developments in the city through energy efficient retrofits to their property and adopting conservation practices in their operations. Establishing a PACE program will also create green jobs as local vendors and contractors experience an increased demand for supplying “green” services and equipment, and with the “open market” financing options, local banks can compete to provide funding that will be repaid through the tax bill, not the standard business loan. FI: There is no cost to the city by passing a resolution and opting-in to the Florida ISCAL MPACT Green Energy Works program. If the city decides to opt-out during the first 2 years, there is an opt-out fee of $15,000 for the first year and $7,500 during the second year. There is no fee for opting out after year two. 197 of 382 A: LTERNATIVES 1.) Not to opt-in to the Florida Green Energy Works program and go out for bid to create a stand alone PACE program for the city at an estimated cost of $400,000 which is currently not budgeted. 2.) Not to go forward with any PACE program at this time. 198 of 382 RESOLUTION NO. R12- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING THE CITY'S PARTICIPATION IN THE INTERLOCAL AGREEMENT BETWEEN THE TOWN OF LANTANA, FLORIDA; THE TOWN OF MANGONIA PARK, FLORIDA; AND THE FLORIDA GREEN FINANCE AUTHORITY AS A MEANS OF IMPLEMENTING AND FINANCING THE “FLORIDA GREEN ENERGY WORKS PROGRAM”, A VOLUNTARY PROGRAM PROVIDING PROPERTY OWNERS WITH THE OPPORTUNITY TO FINANCE ENERGY EFFICIENCY IMPROVEMENTS ON THEIR PROPERTIES BY REPAYMENT THROUGH NON AD-VALOREM ASSESSMENTS ON THEIR PROPERTY TAX BILL; A QUALIFYING IMPROVEMENTS PROGRAM FOR ENERGY CONSERVATION AND EFFICIENCY IMPROVEMENTS FOR COMMERCIAL PROPERTIES THROUGH PROPERTY ASSESSED CLEAN ENERGY (PACE); APPROVING AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE THE PARTY MEMBERSHIP AGREEMENT TO THE FLORIDA GREEN FINANCE AUTHORITY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS,A growing number of existing buildings within the City do not meet today's energy efficiency standards, nor do many existing buildings have renewable energy systems and many buildings are in need of improvements to protect them against damage from storm events; and WHEREAS, installing energy efficiency, renewable energy and wind resistance improvements on existing structures can provide significant progress towards increased energy conservation and protection of properties in the City of Boynton Beach; and WHEREAS, the upfront costs of these improvements are a hurdle to installing them and existing financing options may be insufficient for property owners to access cost-effective financing for energy-saving or wind-resistance property improvements due to requirements associated with traditional debt or equity financing options; and WHEREAS, Section 163.08, F.S. authorizes local governments in Florida to either form individual programs, or partner with other local governments to allow property owners to voluntarily finance energy efficiency, renewable energy or wind resistance improvements; and 199 of 382 WHEREAS, the Town of Lantana has, pursuant to Section 163.08, F.S., created the Florida Green Energy Works program which is a voluntary program that provides property owners with the opportunity to finance energy efficiency improvements on their property by repayment through non-ad valorem special assessments on their property tax bill; and WHEREAS, the Towns of Lantana and Mangonia Park have formed the Florida Green Finance Authority to administer the Florida Green Energy Works program; and WHEREAS, other local governments in the State are able to partner in the Florida Green Energy Works program by executing a Party Membership Agreement to join the Florida Green Finance Authority, thus eliminating the cost to form an energy financing program by the individual local governments; and WHEREAS, the Florida Green Energy Works program will provide significant benefits including property owner cost savings, enhanced property values; and economic development and job opportunities; and WHEREAS, the City Commission of the City of Boynton Beach believes that it is in the best interests of the health, safety and welfare of its citizens to join the Florida Green Finance Authority and participate in the Florida Green Energy Works program. 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, Florida hereby approves membership by the City of Boynton Beach in the Florida Green Finance Authority to administer the Florida Green Energy Works program. The City Commission hereby approves the City joining as party to the Interlocal Agreement, dated June 11, 2012, to become a member 200 of 382 of the Florida Green Finance Authority. A copy of the Interlocal Agreement is attached as Exhibit A for reference purposes. Section 3. The City Commission hereby authorizes the Mayor to execute that certain Party Membership Agreement attached as Exhibit B, along with any other documents necessary to implement the Florida Green Energy Works program with administration by the Authority and to achieve these purposes Section 4. This Resolution shall become effective immediately upon passage. 201 of 382 PASSED AND ADOPTED this _____ day of June, 2012. CITY OF BOYNTON BEACH, FLORIDA ______________________________ Mayor – Woodrow L. Hay ______________________________ Vice Mayor – Mack McCray ______________________________ Commissioner – William Orlove _______________________________ Commissioner – Steven Holzman _______________________________ ATTEST: Commissioner – Marlene Ross _________________________ Janet M. Prainito, MMC City Clerk (Corporate Seal) 202 of 382 203 of 382 204 of 382 205 of 382 206 of 382 207 of 382 208 of 382 209 of 382 210 of 382 211 of 382 212 of 382 213 of 382 214 of 382 215 of 382 216 of 382 217 of 382 218 of 382 219 of 382 220 of 382 221 of 382 222 of 382 223 of 382 224 of 382 225 of 382 226 of 382 227 of 382 228 of 382 229 of 382 230 of 382 231 of 382 232 of 382 233 of 382 234 of 382 235 of 382 236 of 382 237 of 382 238 of 382 239 of 382 240 of 382 241 of 382 242 of 382 243 of 382 244 of 382 245 of 382 246 of 382 247 of 382 248 of 382 Party Membership Agreement To The Florida Green Finance Authority WHEREAS, Section 163.01, F.S., the “Florida Interlocal Cooperation Act of 1969,” authorizes local government units to enter into interlocal agreements for their mutual benefit; and WHEREAS, the Town of Lantana, Florida, a Florida municipal corporation ("Lantana") and the Town of Mangonia Park, Florida, a Florida municipal corporation, ("Mangonia Park") entered into an Interlocal Agreement, dated June 11, 2012, establishing the Florida Green Finance Authority as a means of implementing and financing a qualifying improvements program for energy conservation and efficiency improvements, and to provide additional services consistent with law; and WHEREAS, the City of Boynton Beach desires to become a member of the Florida Green Finance Authority in order to facilitate the financing of qualifying improvements for energy conservation for those businesses located within the City. NOW, THEREFORE, it is agreed as follows: 1. The Interlocal Agreement between the Florida Green Finance Authority, the Town of Lantana and the Town of Mangonia Park, entered into on June 11, 2012 (the “Interlocal Agreement”), for the purpose of facilitating the financing of qualifying improvements for energy conservation and efficiency through the levy and collection of voluntary non-ad valorem assessments on improved property is hereby supplemented and amended on the date last signed below by this Party Membership Agreement, which is hereby fully incorporated into the Interlocal Agreement. 2. The Florida Green Finance Authority, together with its member Parties and the City of Boynton Beach, with the intent to be bound thereto, hereby agree that the City of Boynton Beach shall become a Party to the Interlocal Agreement together with all of the rights and obligations of Parties to the Interlocal Agreement. 3. The Service Area of the Florida Green Finance Authority shall include the legal boundaries of the City of Boynton Beach. 4. The City of Boynton Beach hereby agrees to appoint a representative to serve as an Authority Board Director serving an initial term of three (3) years. All Parties acknowledge that the remaining Directors will each be appointed by the governing body from each requisite water management district boundary area that joins the Authority through execution of this Agreement and that desires to serve as a Director. 5. The City of Boynton Beach designates the following as the respective place for any notices to be given pursuant to the Interlocal Agreement Section 27: 249 of 382 Boynton Beach: Lori LaVerriere Interim City Manager 100 East Boynton Beach Boulevard Boynton Beach, FL 33435 With a copy to: James A. Cherof, Esquire City Attorney Goren, Cherof, Doody & Ezrol, P.A. 3099 E. Commercial Boulevard, Ste. 200 Ft. Lauderdale, FL 33308 6. This Party Membership Agreement shall be filed by the Authority with the Clerk of the Circuit Court in the Public Records of Palm Beach County as an amendment to the Interlocal Agreement, in accordance with Section 163.01(11), Florida Statutes. IN WITNESS WHEREOF, the Parties hereto subscribe their names to this Interlocal Agreement by their duly authorized officers. ATTEST The Florida Green Finance Authority, a separate legal entity established pursuant to Section 163.01(7), Florida Statutes By:____________________________ By: ____________________________ Secretary of the Authority Chair of the Authority Approved by Authority Attorney as to form and legal sufficiency _________________________ Authority Attorney ATTEST: City of Boynton Beach, a municipal corporation of the State of Florida By:____________________________ By: ____________________________ Janet M. Prainito, MMC, City Clerk Woodrow L. Hay, Mayor (CitySeal) Approved as to form and legal sufficiency By: __________________________ James A. Cherof, City Attorney 250 of 382 Background: A Property Assessed Clean Energy (PACE) program is a local government initiative that creates private sector jobs in 'green' finance, energy, and construction fields. PACE allows property owners to finance energy efficiency and renewable energy projects in homes and commercial buildings. It is voluntary and community based, provides long term funding from private capital markets at low cost and needs no government subsidies or taxes. PACE raises property values by making buildings less expensive to heat and cool. Currently, 28 states, plus DC have adopted PACE legislation. PACE financing defrays the upfront cost of incorporating energy efficiency improvements such as insulation, heating and cooling systems, weatherization upgrades, and solar installations. The financing is paid over a period of years at a low interest rate through an annual property tax assessment. PACE is unique because it: * Creates desperately needed local jobs. * Uses private capital, not taxes or government subsidies. * Saves money for building owners and increases property values. * Is voluntary – not a government mandate. * Promotes energy security without driving up energy costs. * Avoids the need to build costly new power plants. * Transferable to subsequent property owners upon sale. * Reduces air pollution.(for further detail please see www.pacenow.org). A growing number of existing buildings within the City do not meet today's energy efficiency standards, nor do many existing buildings have renewable energy systems. Similarly, many buildings are in need of improvements to protect them against damage from storm events. The upfront costs of these improvements are a hurdle to installing them and existing financing options may be insufficient for property owners to access cost-effective financing for energy-saving or wind-resistance property improvements due to requirements associated with traditional debt or equity financing options. The State of Florida has declared it the public policy of the State to develop energy management programs aimed at promoting energy conservation and protecting properties from wind. Section 163.08, Florida Statutes, authorizes local governments in Florida to either form individually, or in partnership with other local governments, programs to allow property owners to voluntarily finance energy efficiency, renewable energy or wind resistance improvements. The Town of Lantana has developed a PACE program called the "Florida Green Energy Works" program. This is a voluntary participation program. Essentially, how the program works is that a property owner applies for financing for energy efficiency projects on his/her property. The applicant goes through an approval process and if approved, the property owner receives financing, hires his own contractor and completes the projects on their own. The role of the local government is to levy a non-ad valorem assessment on their property to repay the financing through the property tax bill. Even though the property owner’s taxes increase from the voluntary non-ad valorem assessment, the end result is that once the property owner completes these projects their monthly electric bill will decrease. The idea is for the financed retrofit cost (annual assessment) to be offset by the reduction in electrical cost. 251 of 382 In order to administer the program and the assessments, the Florida Green Energy Authority has been created by Interlocal Agreement of the Town of Lantana and the Town of Mangonia Park, thus eliminating the costs and reducing the efforts necessary to form an energy financing program by individual local governments. The Authority will be the financing agency and there will be no obligation of the City for financing contributions. This program will initially focus on commercial properties within the City. Although residential PACE programs are possible, the Federal Housing Finance Agency (FHFA) has taken issue with PACE and is currently conducting a Rulemaking Procedure. In the future, if the FHFA issues are resolved, the Florida Green Energy Works program could potentially expand to residential properties. Although there is no cost to joining the Authority, should the City elect to withdraw from the Authority within the first year, there will be an opt-out fee of up to $15,000 or $7,500 the second year to cover the up-front legal and other costs of establishing the Authority. There is no opt-out fee after the second year. The Resolution authorizes the Mayor to sign the necessary agreements to join the Authority and implement the Florida Green Energy Works program. 252 of 382 253 of 382 254 of 382 255 of 382 256 of 382 257 of 382 258 of 382 259 of 382 260 of 382 261 of 382 262 of 382 263 of 382 264 of 382 265 of 382 266 of 382 267 of 382 268 of 382 269 of 382 270 of 382 271 of 382 272 of 382 273 of 382 274 of 382 275 of 382 276 of 382 277 of 382 278 of 382 279 of 382 280 of 382 281 of 382 282 of 382 283 of 382 284 of 382 285 of 382 286 of 382 287 of 382 288 of 382 289 of 382 290 of 382 291 of 382 292 of 382 293 of 382 294 of 382 295 of 382 11. A UNFINISHED BUSINESS July 3, 2012 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: July 3, 2012 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: Continued discussion of City Manager search EQUESTED CTION BY ITY OMMISSION process - per the request of Commissioner Orlove. ER: Commissioner Orlove has requested this item be placed on XPLANATION OF EQUEST the agenda for continued discussions. H? TBD OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: TBD ISCAL MPACT A: Not consider request. LTERNATIVES 296 of 382 11. B UNFINISHED BUSINESS July 3, 2012 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: July 3, 2012 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: Review of Community Development Block Grant EQUESTED CTION BY ITY OMMISSION sub-recipient performance ER: At the request of Commissioner Holzman, staff has XPLANATION OF EQUEST prepared a report outlining the past performance of CDBG Sub-recipients recommended for continued funding in FY 12/13 by the CDBG Review Committee. H? N/A OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: N/A ISCAL MPACT A: N/A LTERNATIVES 297 of 382 298 of 382 299 of 382 300 of 382 13. A LEGAL July 3, 2012 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: July 3, 2012 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. 12-012 - EQUESTED CTION BY ITY OMMISSION SECOND READING - Approve amendments to Code of Ordinances Part II, Chapter 13 "Licenses", requiring Certificate of Use as condition of receiving Business Tax Receipt, and removing Article I, Sec. 13-28 "Licensing of used car lots" (TABLED TO JULY 3, 2012) ER: Recent activity during the last legislative session indicates that the XPLANATION OF EQUEST State is considering eliminating the ability of the City to impose a local Business Tax. In order to enable the City to verify that a business use is compatible with local zoning and building occupancy requirements, staff is recommending the establishment of a Certificate of Use process, as a prerequisite to obtaining a local Business Tax Receipt. The Ordinance proposes a change to the Code that will require an applicant to first obtain a Certificate of Use as a condition precedent to obtaining a local Business Tax Receipt. The Certificate of Use will be processed through the Planning and Zoning Department, and confirms that the occupancy of the structure meets code, certifies that the use is permitted according to the City’s Zoning Code, verifies that the structure was built for the proposed type of business. Once a Certificate of Use is obtained, a Local Business Tax Receipt, which is required to engage in business within the City, may then be applied for and issued. Additionally, Section 13-28 will be removed to avoid conflict with existing zoning and land use regulations in Code of Ordinances Land Development Regulations Part III. H? Staff currently reviews all applications OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES for zoning capability and inspects each site for building code compliance through the Business Tax Receipt process. This amendment will separate the 2 processes and require an applicant to obtain a Certificate of Use from Planning and Zoning in order to insure compliance with zoning 301 of 382 as a condition precedent to obtaining a Business Tax Receipt authorizing the applicant to conduct business within the City. FI: N/A ISCAL MPACT A: Continue to license all businesses solely through the Business Tax Receipt LTERNATIVES process. 302 of 382 ORDINANCE 12- AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA AMENDING CHAPTER 13 OF THE CITY CODE OF ORDINANCES TO REQUIRE A CERTIFICATE OF USE AS A CONDITION PRECEDENT TO OBTAINING A BUSINESS TAX RECEIPT; AMENDING CHAPTER 13, ARTICLE I BY REMOVING SECTION 13-28, “LICENSING OF USED CAR LOTS” IN ITS ENTIRETY; 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 insure that a business use is compatible with local zoning and building occupancy requirements; and WHEREAS, the City Commission wishes to establish a Certificate of Use process, as a prerequisite to obtaining a local Business Tax Receipt; and WHEREAS, the Certificate of Use will insure that a business is allowed in the zoning district in which it is located, and will verify that the structure can accommodate the proposed type of business; and WHEREAS, a Certificate of Use be issued only after the approval of all required inspections of the premises, and a determination that the buildings, structures, or uses are consistent with the terms of the City’s Code of Ordinances and any other applicable Codes and Statutes; and WHEREAS, the City Commission finds that amending the City’s Code of Ordinances in accordance with the provisions set forth herein is in the best interest of the citizens and residents of the City. NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF BOYNTON BEACH: Section 1. The foregoing “Whereas” clauses are hereby ratified and confirmed as being true and correct and are incorporated herein by this reference. 303 of 382 Section 2. Chapter 13 of the City’s Code of Ordinances is hereby amended to read as follows: SEE EXHIBIT "A" WHICH IS ATTACHED HERETO AND INCORPORATED HEREIN BY REFERENCE Section 3. The City Clerk is directed to forward a copy of this Ordinance to the publisher of the City of Boynton Beach Code of Ordinances. Section 4. Each and every other provision of the Code of Ordinances not herein specifically amended, shall remain in full force and effect as originally adopted. Section 5. All laws and ordinances applying to the City of Boynton Beach in conflict with any provisions of this ordinance are hereby repealed. Section 6. 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 7. Authority is hereby given to codify this Ordinance. Section 8. This Ordinance shall become effective immediately upon adoption. FIRST READING this _____ day of ____________________, 2012. 304 of 382 SECOND, FINAL READING and PASSAGE this _____ day of ___________, 2012. CITY OF BOYNTON BEACH, FLORIDA _________________________________ Mayor – Woodrow L. Hay _________________________________ Vice Mayor – Mack McCray _________________________________ Commissioner – William Orlove _________________________________ Commissioner – Steven Holzman _________________________________ Commissioner – Marlene Ross ATTEST: _____________________________ Janet M. Prainito, MMC City Clerk (Corporate Seal) 305 of 382 Chapter 13 LICENSES* Art. I. Business Tax Receipts, §§ 13-1—13-51 Art. II. Garage Sales, § 13-52—13-58 *Editor's note -Ord. No. 94-15, § 1, adopted June 21, 1994, provided for the deletion of Art. I, In general, and Art. II, Contractors, substantive sections thereof being §§ 13-1—13-22 and 13-33—13.41, as derived from Ch. 15 of the 1958 Code and numerous ordinances (see the Code Comparative Table, beginning on page 2701). Ord. No. 94-15 also enacted new provisions designated as Art. I, §§ 13-1—13- 25, herein set out and adopted a fee schedule, Appendix A, which has been designated as § 13-30 pursuant to the city's instruction. Former Art. III, Garage sales, §§ 13-52—13-58, was redesignated as Art. II by Ord. No. 94-15. Cross references -Code compliance board generally, § 2-72 et seq.; enforcement of this chapter by board, § 2-75; county dog license required, § 4-36; regulation of peddlers and solicitors, Ch. 17; taxation generally, Ch. 23; regulation of taxicabs, Ch. 24. ARTICLE I. BUSINESS TAX RECEIPTS AND CERTIFICATE OF USE Sec. 13-1. Purpose; imposition and levy of tax. The governing body of Boynton Beach hereby establishes the City of Boynton Beach Business Tax Receipt Code and levies a Business Tax Receipt tax for the privilege of engaging in or managing any business, profession or occupation within its jurisdiction. The Business Tax Receipt tax is levied on: (1) Any person who maintains a permanent business location or branch office within the municipality, for the privilege of engaging in or managing any business within its jurisdiction. (2) Any person who maintains a permanent business location or branch office within the municipality, for the privilege of engaging in or managing any profession or occupation within its jurisdiction. (3) Any person who does not qualify under subsection (1) or subsection (2)d who transacts any business or engages in any occupation or profession in interstate commerce, if the Business Tax is not prohibited by Sec. 8 of Article 1 of the United States Constitution. (Ord. No. 94-15, § 1, 6-21-94; Ord. No. 95-22, § 2, 7-5-95; Ord. No. 06-096, § 2, 1-2-07) Sec. 13-2. Definitions. For the purpose of this chapter, the following words shall have the meaning ascribed to them in this section, unless the context requires otherwise: Business Tax Receipt Administrator. The employee of the city designated by the City Manager as the person responsible for the operations of the division of the city which processes the issuance of Business Tax Receipts. Certificate of Use. A review and inspection method by which the city documents the existing conditions of a property; identifies any non-conformities to be addressed by occupant/owner; establishes . current land use and zoning; and grants approval to occupy a given location for specified uses City. The City of Boynton Beach Florida, its City Manager, or such officers, employees or departments designated by the City Manager to act on behalf of the city. 306 of 382 City Manager. The term City Manager shall mean that person holding the position of City Manager of the City of Boynton Beach, Florida or his/her designee. Classification. Classification means the method by which a business or group of businesses is identified by size or type, or both. Contractor. A contractor shall mean any person whose work is defined in F.S. 489.105(a) through (p), plus those exceptions as specified in Chapter 13, Boynton Beach Code of Ordinances. Fiscal year . Fiscal year means October 1 of a calendar year to September 30 of the following calendar year. Inventory. Inventory shall mean those items commonly referred to as goods, wares and merchandise which are held for sale, rental, or lease to others in the ordinary course of business. Number of workers. The number of workers shall be determined by the total number of paychecks issued for all full time and part time workers, nonprofessionals, subcontractors, contract workers, consultants, principals, and partners who worked for the business, occupation or profession during the previous calendar year. A new business shall be based on the number of workers as of opening day who are entitled to receive paychecks. All principals and partners in the business shall be deemed as workers and be included in the calculations. Person. Person shall mean an individual, firm, partnership, joint adventure, syndicate, or other group or combination acting as a unit, association, corporation, estate, trust, business trust, trustee, executor, administrator, receiver, or other fiduciary, and includes the plural as well as the singular. Professional. A professional shall mean any person engaged in any business, occupation or profession who is required to maintain an active and valid State of Florida license, permit, or certificate from any of the state agencies or the Florida Bar. Specialty contractor. A specialty contractor shall mean any person whose work is limited to a particular phase of construction, and whose scope is limited to a subset of the activities in F.S. 489.105(a) through (p), plus those exceptions as specified in Chapter 13, Boynton Beach Code of Ordinances. Used car lot. Any business location within the municipal limits of the city engaged in the wholesale or retail sale of secondhand or used automobiles or other type of used motor vehicles. Vending or other coin-operated machines. Vending machines shall be classified as follows: (1) Amusement vending machines: Machines such as pinball and video games, pool tables, amusement rides, and the like. (2) Product vending machines: Machines vending merchandise of any kind including, but not limited to, soft drinks, journals, food products, and the like. (3) Service vending machines: Devices such as lockers, copiers, heart and/or blood pressure machines, laundry washers/dryers, and the like. (Ord. No. 94-15, § 1, 6-21-94; Ord. No. 95-22, § 2, 7-5-95; Ord. No. 06-096, § 2, 1-2-07) Sec. 13-3. Conflict with statute. The regulation of Business Tax Receipts shall be in accordance with this chapter and with Chapter 205.013-205.1973, Florida Statutes. In the event of any conflict between this Business Tax Receipt Code and Florida Statutes, TITLE XIV. TAXATION AND FINANCE, Chapter 205 “Local Business Taxes,” including future amendments, the provisions of Chapter 205 shall control. (Ord. No. 94-15, § 1, 6-21-94; Ord. No. 95-22, § 2, 7-5-95; Ord. No. 06-096, § 2, 1-2-07) 307 of 382 Sec. 13-4 Classification and fee schedule. The City Commission establishes classifications for businesses or groups of business and Business Tax Receipt taxes therefore as set forth below. Business Tax Receipt Tax Rate Structure Standard Industrial Classification Businesses, Professions, Occupations (* - See note, end of schedule; NEC - See note, end of schedule) The businesses, professions and occupations subject to the provisions of Chapter 13, the Business Tax Receipt taxes imposed and levied, the Standard Industrial Classifications assigned, and other requirements pertaining thereto are as follows: SIC Description Fee 0742 Veterinarian* 196.35 0752 Animal Specialty Service 88.20 0781 Landscape Architect* 196.35 0782 Lawn & Garden Service 147.00 0783 Tree Trimming 147.00 1520 Contractor - Residential 244.65 1530 Contractor - Building 244.65 1540 Contractor - General 244.65 1611 Contractor - Paving 244.65 1620 Contractor - Heavy Construction 244.65 1623 Contractor - TV Antenna & Tower 244.65 1624 Contractor - Underground Utilities (Ref. 1623) 244.65 1625 Contractor - Concrete (Ref. 1771) 244.65 1626 Contractor - Marine (Ref. 1629) 244.65 1629 Contractor - Tennis Court 244.65 1700 Miscellaneous Specialty 88.20 1701 Asphalt Sealing & Coating (Ref. 1799) 88.20 1702 Landscaping (Ref. 0782) 88.20 308 of 382 1703 Lathing (Ref. 1742) 88.20 1704 Residential Gutter & Downspout Installation (Ref. 1761) 88.20 1705 Striping (Ref. 1721) 88.20 1706 Vinyl Clad Metal Shelving (Ref. 1799) 88.20 1707 Mirror/Shower Door Installation (Ref. 1799) 88.20 1710 Contractor - Irrigation Sprinkler (Ref. 1711) 244.65 1711 Contractor - Plumbing 244.65 1712 Contractor - Air Conditioning (Ref. 1711) 244.65 1713 Contractor - Mechanical (Ref. 1711) 244.65 1714 Contractor - Fire Sprinkler (Ref. 1711) 244.65 1715 Contractor - Refrigeration (Ref. 1711) 244.65 1716 Contractor - Room Air Conditioning (Ref. 1711) 244.65 1717 Contractor - Septic Tank (Ref. 1711). 244.65 1718 Contractor - Solar Water Heating (Ref. 1711) 244.65 1721 Contractor - Painting 244.65 1731 Contractor - Electrical 244.65 1732 Contractor - Communication & Sound (Ref. 1731) 244.65 1733 Contractor - Burglar & Fire Alarm (Ref. 1731) 244.65 1734 Contractor - Sign - Electrical (Ref. 1731) 244.65 1741 Contractor - Masonry 244.65 1742 Contractor - Plastering 244.65 1743 Contractor - Tile, Terrazzo, & Marble 244.65 1744 Contractor - Drywall (Ref. 1742) 244.65 1745 Contractor - Insulation (Ref. 1742) 244.65 1746 Contractor - Acoustical Tile (Ref. 1742) 244.65 1750 Contractor - Window (Ref. 1751) 244.65 309 of 382 1751 Carpentry & Cabinet Installation 88.20 1752 Contractor - Flooring, NEC 88.20 1753 Contractor - Door (Ref. 1751) 244.65 1754 Contractor - Garage Door (Ref. 1751) 244.65 1761 Contractor - Roofing 244.65 1762 Contractor - Roof Deck (Ref. 1761) 244.65 1763 Contractor - Sheet Metal (Ref. 1761) 244.65 1772 Contractor - Gunite (Ref. 1771) 244.65 1781 Contractor - Well Driller 244.65 1791 Contractor - Reinforcing, Iron & Steel 244.65 1793 Contractor - Glass & Glazing 244.65 1794 Excavation/Grading 88.20 1795 Contractor - Demolition 244.65 1796 Contractor - Elevator 244.65 1797 Contractor - Sign - Nonelectrical (Ref. 1799) 244.65 1799 Contractor - Miscellaneous Special Trade 244.65 1800 Contractor - Aluminum Specialty (Ref. 1799) 244.65 1801 Contractor - Awnings (Ref. 1799) 244.65 1802 Contractor - Boilers and Pressure Piping (Ref. 1799) 244.65 1803 Contractor - Fence Erection (Ref. 1799) 244.65 1804 Contractor - Liquified Petroleum Gas (Ref. 1799) 244.65 1805 Contractor - Ornamental Iron (Ref. 1799) 244.65 1806 Contractor - Pollutant Storage Systems (Ref. 1799) 244.65 1807 Contractor - Pool/Spa (Ref. 1799) 244.65 1808 Contractor - Pool/Spa Service (Ref. 1799) 244.65 1809 Miscellaneous Contractor (Ref. 1799) 244.65 310 of 382 2024 Manufacturer - Frozen Desserts Number of workers fee schedule: Not exceeding 2 persons 108.15 Not exceeding 4 persons 181.65 Not exceeding 6 persons 244.65 More than 6, not exceeding 10 persons 294.00 More than 10, not exceeding 20 persons 367.50 More than 20 persons 551.25 2099 Manufacturer - Food Preparation See 2024 2299 Manufacturer - Textile Goods See 2024 2389 Manufacturer - Apparel and Accessories See 2024 2392 Manufacturer - Slipcovers 88.20 2396 Manufacturer - Fabricated Trimmings See 2024 2399 Manufacturer - Fabricated Textile Products See 2024 2431 Manufacturer - Millwork See 2024 2434 Manufacturer - Cabinetry See 2024 2439 Manufacturer - Structural Members See 2024 2511 Manufacturer - Wood Furniture See 2024 2512 Manufactured - Wood Furniture, Upholstered See 2024 2515 Manufacturer - Mattresses See 2024 2591 Manufacturer - Window Coverings See 2024 2671 Manufacturer - Plastic Packaging See 2024 2711 Manufacturer - Newspaper Publishing/Printing See 2024 2759 Manufacturer - Commercial Printing See 2024 2834 Manufacturer - Pharmaceutical Preparations See 2024 2842 Manufacturer - Cleaning Preparations See 2024 311 of 382 2844 Manufacturer - Cosmetic Preparations See 2024 2899 Manufacturer - Chemical Preparations See 2024 3083 Manufacturer - Plastic Sheets/Rods See 2024 3089 Manufacturer - Plastic Products, NEC See 2024 3231 Manufacturer - Glass Products See 2024 3271 Manufacturer - Concrete Block/Brick See 2024 3272 Manufacturer - Concrete Products See 2024 3281 Manufacturer - Stone Products See 2024 3354 Manufacturer - Aluminum Extruded Products See 2024 3442 Manufacturer - Metal Products See 2024 3446 Manufacturer - Ornamental Metal Products See 2024 3479 Manufacturer - Coating Application See 2024 3499 Manufacturer - Fabricated Metal Accessories See 2024 3542 Manufacturer - Machinery/Equipment See 2024 3559 Manufacturer - Special Industry Machinery See 2024 3569 Manufacturer - General Industrial Machinery See 2024 3571 Manufacturer - Computers See 2024 3599 Manufacturer - Machine Shop See 2024 3629 Manufacturer - Electrical Industrial Products See 2024 3663 Manufacturer - Communications Equipment See 2024 3679 Manufacturer - Electronic Components See 2024 3728 Manufacturer - Aircraft Parts See 2024 3861 Manufacturer - Photographic Equipment Processing See 2024 3911 Manufacturer - Jewelry See 2024 3942 Manufacturer - Dolls See 2024 3949 Manufacturer - Sporting Goods See 2024 312 of 382 3993 Manufacturer - Advertising Specialties See 2024 3999 Manufacturer - Miscellaneous, NEC See 2024 4013 Railroad Company 196.35 4118 Ambulance Service (Ref. 4119) 97.65plus 33.60per vehicle 4119 Transportation Service, NEC 97.65plus 33.60per vehicle 4121 Taxi/Limousine Service 97.65 plus 33.60per vehicle 4131 Bus Service 97.65plus 33.60per vehicle 4173 Bus Service/Depot 97.65 4210 Trucking Service 73.50per vehicle 4222 Cold Storage, per square foot Warehouse, per square footage fee schedule: 5,000 square feet or fraction thereof 220.50 Each additional 5,000 square feet 21.00 4225 Warehouse - Storage, per square foot See 4493 Marina 88.20 4498 Marine Detailing (Ref. 4499) 88.20 4522 Air Transportation, Nonscheduled 88.20 4724 Travel Bureau* 147.00 4725 Tour Operator 88.20 4731 Freight Forwarding Service 147.00 4780 Packing & Crating 147.00 4783 Express Company 294.00 4813 Telephone Communications 294.00 4822 Telegraph & Other Communications 88.20 4841 Television Services 147.00 4899 Communication Services, NEC 88.20 313 of 382 4924 Natural Gas Distribution 294.00 4925 Liquified Petroleum Gas Distribution 294.00 5099 Merchant - Wholesale, per inventory Wholesale, per inventory fee schedule: Not exceeding $5,000 244.65 More than $5,000, not exceeding $25,000 342.30 More than $25,000, not exceeding $100,000 489.30 More than $100,000, not exceeding $500,000 735.00 More than $500,000 880.95 5197 Advertising Specialties Sales (Ref. 5199) 88.20 5211 Lumber Company, per inventory See 5399 5261 Nursery: Trees/Plants, per inventory See 5399 5399 Merchant - Retail, per inventory Retail, per inventory fee schedule: Not exceeding $5,000 97.65 More than $5,000, for each additional $1,000 or fraction thereof 5.15 5411 Grocery, per inventory See 5399 5421 Market - Meat/Fish/Poultry, per inventory See 5399 5461 Bakery 147.00 5511 Automobile Dealer* 196.35 5531 Auto Parts, per inventory See 5399 5541 Gas Station 147.00 5699 Dressmaking Shop 58.80 5719 Blinds, Shades, Drapery 147.00 5810 Ice Cream Parlor 58.80 314 of 382 5811 Caterer 147.00 5812 Restaurant 3.41per seat, 97.65 minimum 5813 Drinking Places 489.30 5912 Pharmacy, per inventory See 5399 5930 Antique Shop 147.00 Antique stores and auction houses, selling only objects of value such as quality restored antiques, art objects, jewelry, and the like, but not used merchandise generally. 5932 Used Merchandise Stores 147.00 5933 Pawnbroker 656.25 5944 Jewelry Shop, per inventory See 5399 5945 Handicraft Shop, per inventory See 5399 5961 Mail Order/Catalog 88.20 5962 Vending Machine - Coin-Operated (a) Amusement Vending Machines: Each operator 196.88 In addition, for each machine 26.25 (b) Service Vending Machines: Each operator 65.63 In addition, for each machine 26.25 (c) Merchandise Vending Machines: Each operator 65.63 In addition, for each machine as follows: Requiring deposit under .35 26.25 Requiring deposit over .35 39.38 (Coin-operated Auto Wash and Laundry Machines are addressed separately, under SIC 7543 and SIC 7215, respectively). The following coin-operated machines are exempt from Business Tax Receipt requirements: 315 of 382 Cigarette vending machines (F.S. 210.03) Federal postage stamp machines, Parcel checking lockers, and Toilets (F.S. 205.63) Unadulterated Florida-produced citrus juice vending machines (F.S. 205.632) Furthermore, no Business Tax Receipt shall be required for coin-operated machines where the vending machines are owned and operated by charitable or benevolent nonprofit organizations and where the entire proceeds of such machines are used solely for recognized charitable or benevolent purposes. No Business Tax Receipt shall be required for the operation of any machines where such machines are owned by a person who is otherwise issued a Certificate of Use by the city, and such machines are located and operated at the owner's regular place of business. 5963 Vending - Mobile 88.20 5964 Ice Cream Truck (Ref. 5963) 97.65plus 33.60per vehicle 5965 Lunch Wagon (Ref. 5963) 97.65plus 33.60per vehicle 5992 Florist, per inventory See 5399 5995 Optician* 196.35 5998 Auction Company (Ref. 5999) 1443.75 6020 Bank - Commercial 367.50 6030 Bank - Savings 367.50 6098 Check Cashing Agency 294.00 6099 Financial Services, NEC 294.00 6141 Investment & Trading 294.00 6162 Mortgage Company* 294.00 6163 Mortgage Broker* 147.00 6211 Broker - Securities* 294.00 6282 Investment Advice 88.20 6410 Insurance Agent 49.35 6411 Insurance Company 88.20 6412 Medical Claims Processing Service (Ref. 6411) 88.20 316 of 382 6513 Apartment Building 3.68per room, 33.60minimum 6514 Rental property four (4) units or less, including single family residential rentals 3.68per room 33.60minimum Business Tax Receipts Procedure: Every rental unit used for residential living purposes in the city must have a Certificate of Use and unless otherwise exempt, must be issued a Business Tax Receipt. This includes rental property four units or less, including single family residential rentals, condominiums, and mobile homes. st Business Tax Receipts are issued for a period of twelve months, from October 1 to the following th September 30. They must be renewed annually. To avoid renewal late fees, rental Business Tax Receipt stth fees are payable by October 1. After January 30, late renewals require a Code Compliance (interior and exterior) inspection of the property. Whenever a rental property is sold or otherwise changes ownership, the new owner must do the following: (1) Apply for a new Certificate of use and rental Business Tax Receipt; (2) Schedule an inspection of the rental with the Code Compliance Division. If the inspection process should reveal Zoning, Building, Housing or Fire Code violations, they must be corrected and a re-inspection made by the appropriate department. The owner is given adequate time to correct any violations. All violations must be corrected before occupancy will be approved. Any property that has been found in violation by a code compliance board of the city shall be required to be inspected after six (6) months from the date of the hearing, and again at twelve (12) months after the date of the hearing in which the property was found to be in violation. The owner of a property that has been found to be in violation by a code compliance board of the city shall be required to pay an inspection fee of seventy-five dollars ($75.00) for each of the inspections required. The required inspection fees shall be included as part of the administrative costs assessed by the city and shall be included in any liens filed by the city. NOTE: Fees may change from time to time by Ordinance of the City Commission. The application for Certificate of Use and information forms for rental Business Tax Receipts are available on line at the City’s website and at the Development Services Division of City Hall, 100 East Boynton Beach Boulevard. It should be noted that post office boxes are not acceptable addresses for mailing purposes, and actual street addresses are required on the application. Designation of resident agent: No Certificate of Use and Business Tax Receipt shall be issued by the city for a rental dwelling located on a rental premises unless the applicant therefore designates in writing to the city the name, address, and local telephone number of the owner or resident agent to receive service of notice of violation of this Code. The owner may designate as his or her resident agent any natural person eighteen (18) years of age or older who is customarily present at a business location within the city for the purposes of transacting business, or who actually resides within the city. An owner may change his or her designation of a resident by notifying the city in writing of the name, address, and local telephone number of the person designated by the owner to replace the previous resident agent. Any notice of violation or legal process which has been delivered or served upon the previous resident agent prior to the receipt of the city of notice of change of the resident agent shall be deemed effective service. It shall be the sole responsibility of the owner to appoint a reliable resident agent and to inform the 317 of 382 resident agent of his correct mailing address. Failure to do so shall be no defense to a violation of this Code. No owner shall designate as a resident agent any person who does not expressly comply with the provisions of this section. The owner or the resident agent shall be deemed to be the “violator” as the term is used in F. S. § 162.06(2). Service of notice of the resident agent shall be deemed service of notice of the owner, tenant and violator. 6530 Property Management* 88.20 6531 Real Estate Broker* 88.20 6532 Real Estate Salesperson* 49.35 6541 Title Abstract Office 294.00 6552 Subdividers & Developers, NEC 147.00 7011 Hotels & Motels 3.68 room, 33.60minimum 7033 Trailer Parks & Campsites 97.65plus 3.41per lot or site 7212 Laundry/Dryclean - Drop Only 97.65 7214 Carpet Cleaning, Mobile (Ref. 7217) 88.20 7215 Laundry Machines, Coin-Operated 65.63plus 1.31per machine 7216 Dry Cleaning Establishments 196.35 7217 Carpet/Upholstery Cleaning, Commercial 196.35 7219 Laundry & Garment Services, NEC 58.80 7221 Photography 147.00 7230 Beauty school 196.35 7231 Beauty Parlor, Etc.* One chair 73.50 Each additional chair or manicurist 19.95 7232 Nail Salon* (Ref. 7231) One manicurist table 73.50 Each additional manicurist 19.95 7241 Barber Shops* One chair 73.50 318 of 382 Each additional chair 19.95 7251 Shoe Repair & Shoe Shine Parlor 58.80 7261 Funeral Director* 196.35 7290 Debt Counseling Service (Ref. 7299) 88.20 7291 Income Tax Service 147.00 7292 Valet Parking (Ref. 7299) 88.20 7293 Tanning Salon (Ref. 7299) 88.20 7294 Weight Loss Center (Ref. 7299) 88.20 7295 Family - Home Child Care (Ref. 7299) 88.20 7296 Dating Service (Ref. 7299) 88.20 7297 Electrolysis* (Ref. 7299) 88.20 7298 Massage Therapist* 97.65 7299 Miscellaneous Personal Services, NEC 88.20 7311 Publication Service, NEC 147.00 7319 Advertising 244.65 7322 Collection Agency* 147.00 7323 Credit Association 147.00 7334 Photocopying/Duplicating Service 88.20 7336 Commercial Art/Graphic Design 88.20 7337 Typing Service 88.20 7338 Secretarial Services 147.00 7342 Exterminator 147.00 7348 Miscellaneous Commercial Services, NEC 88.20 7349 Janitorial Service 147.00 7359 Rental Service 147.00 7361 Employment Agency 88.20 319 of 382 7362 Nursing Registry 88.20 7370 Data Processing Service 88.20 7371 Computer Programming Service 147.00 7376 Computer Services 88.20 7378 Computer Maintenance & Repair 88.20 7379 Computer Related Services 88.20 7380 Private Detective* 88.20 7381 Security Service* 88.20 7384 Photofinishing Laboratories 147.00 7385 Books, Periodicals, News Bureaus (Ref. 7389) 88.20 7386 Auto Broker (Ref. 7389) 147.00 7387 Messenger Service (Ref. 7389) 58.80 7388 Appraiser* (Ref. 7389) 196.35 7389 Business Services, NEC 88.20 7390 Handyman (No new licenses only renewals) 147.00 7391 Interior Designer* (Ref. 7389) 196.35 7392 Manufacturer's Representative (Ref. 7389) 147.00 7393 Telemarketing/Soliciting* (Ref. 7389) 147.00 7394 Auctioneer* (Ref. 7389) 244.65 7395 Interior Decorator (Ref. 7389) 147.00 7396 Agent or Agency (Ref. 7389) 88.20 7397 Answering Service (Ref. 7389) 88.20 7398 Arts & Crafts - Handmade (Ref. 7389) 88.20 7399 Asbestos Consultant (Ref. 7389) 88.20 7400 Boat Broker (Ref. 7389) 88.20 7401 Draftsman (Ref. 7389) 88.20 320 of 382 7402 Executive Office (Ref. 7389) 88.20 7403 Furniture Installation (Ref. 7389) 88.20 7404 Home Demonstrator (Ref. 7389) 88.20 7405 Import-Export (Ref. 7389) 88.20 7406 Interpretation & Translation (Ref. 7389) 88.20 7407 Mail Depot (Ref. 7389) 88.20 7408 Music Recording Studio (Ref. 7389) 88.20 7409 Paralegal (Ref. 7389) 88.20 7410 Pool Cleaning - NO chemicals (Ref. 7389) 88.20 7411 Pressure Cleaning (Ref. 7389) 88.20 7412 Sign Painting & Lettering (Ref. 7389) 88.20 7413 Water Softening Service (Ref. 7389) 88.20 7414 Yacht Broker* (Ref. 7389) 88.20 7415 Merchandise Broker (Ref. 7389) 88.20 7416 Financial Consultant (Ref. 7389) 88.20 7417 Showroom (Ref. 7389) 88.20 7418 Courier Service (Ref. 7389) 88.20 7419 Aquarium Service (Ref. 7389) 88.20 7420 Religious/Charitable Organization (Ref. 7389) 88.20 7421 Pet Sitting (Ref. 7389) 88.20 7422 Housesitting (Ref. 7389) 88.20 7423 Embroidery Service (Ref. 7389) 88.20 7424 Diver - Commercial (Ref. 7389) 88.20 7425 Inspection Service - No Appraisal (Ref. 7389) 88.20 7426 Consultant (Ref. 7389) 88.20 7427 Mediation Counselor 88.20 321 of 382 7513 Truck Rental & Leasing 244.65 7514 Passenger Car Rental 244.65 7530 Auto Pinstriping (Ref. 7532) 88.20 7532 Auto Body Shop, per number of workers* See 2024 7536 Auto Glass Installation* 88.20 7538 Auto Mechanical Repair*, per number of workers See 2024 7542 Car Wash 88.20 7543 Car Wash - coin-operated 97.65plus 19.95 per machine 7544 Auto Detailing 58.80 7549 Automotive Services, NEC* 88.20 7550 Wrecker/Towing Service (Ref. 7549) 73.50per vehicle 7551 Window Tinting (Ref. 7549) 88.20 7629 Appliance Repair 88.20 7631 Jewelry Repair 28.35 7641 Reupholstery, per number of workers See 2024 7692 Welding, per number of workers See 2024 7697 Locksmith, per number of workers (Ref. 7699) See 2024 7698 Repair Shops, per number of workers (Ref. 7699) See 2024 7699 Miscellaneous Repair Services, NEC 88.20 7700 Mobile Repair (Ref. 7699) 88.20 7701 Bicycle Repair 88.20 7702 Screen Repair 88.20 7832 Motion Picture Theatre .47per seat, 97.65minimum 7910 Carnival or Circus (Ref. 7999) 489.30 7911 Dance Studio/School 147.00 7922 Miscellaneous Theatrical Services 88.20 322 of 382 7928 Adult Entertainment (Ref. 7929) 1050.00 A floor plan showing square footage of building, indicate portion to be allotted for this use and seating chart if applicable, plus a site plan to show the off-street parking, shall be submitted for review with the Certificate of Use. application and filing fee. 7929 Entertainers & Entertainment Groups 88.20 7933 Bowling Alley 49.35per alley 7987 Martial Arts Instruction (Ref. 7999) 88.20 7988 Fishing Guide (Ref. 7999) 88.20 7989 Boat Captain Service (Ref. 7999) 88.20 7990 Athletic Clubs (Ref. 7991) 147.00 7991 Fitness Trainer 88.20 7993 Amusement Arcade, per machine See 5962 7994 Billiards (Ref. 7993) 49.35per table 7995 Special Events (Ref. 7996) 147.00 7997 Bankruptcy Sale (Ref. 7389) 147.00 7998 Miscellaneous Recreation Services, NEC 88.20 7999 Boats - Recreation Small motor crafts, each 21.00 1 - 5 passenger capacity 73.50 6 - 10 passenger capacity 97.65 10 - 50 passenger capacity 147.00 Over 50 passenger capacity 244.65 8011 Physician* 196.35 8012 Psychiatrist* 196.35 8013 Ophthalmologist 196.35 8021 Dentist* 196.35 8031 Osteopath* 196.35 323 of 382 8034 Relaxation Therapist (Ref. 8049) 196.35 8035 Psychotherapist (Ref. 8049) 196.35 8036 Psychologist (Ref. 8049) 196.35 8037 Physical Therapist (Ref. 8049) 196.35 8038 Occupational Therapist (Ref. 8049) 196.35 8039 Midwife (Ref. 8049) 196.35 8040 Mental Health Counselor (Ref. 8049) 196.35 8041 Chiropractor* 196.35 8043 Podiatrist* 196.35 8044 Hypnotist (Ref. 8049) 196.35 8045 Dietitian (Ref. 8049) 196.35 8046 Clinical Social Worker (Ref. 8049) 196.35 8047 Audiologist (Ref. 8049) 196.35 8048 Acupuncturist (Ref. 8049) 196.35 8049 Health Practitioners, NEC* 196.35 8051 Skilled Nursing Care Facilities 147.00 8059 Nursing Care Facility, NEC 3.41per room, 33.60minimum 8062 General Medical/Surgical Centers* 196.35 8069 Hospital 147.00 8070 Diagnostic Lab (Ref. 8071) 88.20 8072 Dental Laboratory 196.35 8096 Nursing (Ref. 8099) 97.65 8097 Surgical Technician (Ref. 8099) 97.65 8098 Hearing Aid Specialist (Ref. 8099) 196.35 8099 Health & Allied Services, NEC 97.65 8111 Attorney* 196.35 324 of 382 8243 Computer Assembly/Setup 88.20 8244 Business School 147.00 8249 Art School 147.00 8296 Ceramic Studio (Ref. 8299) 147.00 8297 Auto Driving School (Ref. 8299) 147.00 8298 Piano/Instrument Instruction 88.20 8299 Schools & Education Services, NEC 147.00 8322 Individual & Family Social Services 206.17 8323 Counselor 88.20 8324 Marriage/Family Therapist* (Ref. 8322) 206.17 8351 Day Care - Children 147.00 8361 Adult Congregate Living Facility* 3.41 per room, 33.60minimum 8399 Social Work Consultant* 88.20 8422 Aquarium 88.20 8610 Business Associations (Ref. 8611) 88.20 8611 Real Estate Board 88.20 8711 Engineer* 196.35 8712 Architect* 196.35 8713 Surveyor* 196.35 8721 Certified Public Accountant* 196.35 8722 Bookkeeper (Ref. 8721) 88.20 8733 Research Organization 88.20 8742 Business/Management Consultant 88.20 8748 Traffic Manager 88.20 8900 Construction Inspector (Ref. 8999) 88.20 8998 Geologist* (Ref. 8999) 196.35 325 of 382 8999 Services, NEC 88.20 9991 Merchant - temp./regional mall concourse For four (4) or less temporary (less than a week), and portable, regional mall promotion activities with sales and located within any or all of the mall concourse areas, mall owners shall pay a Business Tax Receipt fee of $131.25. 9992 Temporary retail/mall carts Activities which would otherwise be subject to retail Business Tax Receipt fees, but which are temporary and portable and located in mall concourse areas, shall be charged a Business Tax Receipt fee of $39.38for each three-month period or portion thereof. Fees will be paid quarterly in advance by the mall operator. Fees shall be paid based upon the maximum projected number of spaces the mall allocates for temporary and portable retail locations within the mall for the twelve-month period commencing October the first of each year. Fees paid shall be subject to adjustment to reflect actual operating locations. Adjustment shall be made yearly during the month of August for the preceding twelve-month period and on written request from the mall operator. The mall operator shall submit sufficient records to support its request for adjustment. 9993 Itinerant or Transient Merchant Covers persons who travel from city to city and sell and deliver goods, merchandise or services to business establishments; or who sell, demonstrate or deliver goods, merchandise or services to the general public, and do not have a permanent place of business in the city. Each person, per day 9.45 Each person, per week 49.35 Each person, per month 196.35 (I.D. registration required for each person.) Notes: * Requires a license from one of the following: Department of Professional Regulation, Department of Business Regulation, Department of Agriculture & Consumer Services, Department of Highway Safety & Motor Vehicles, Florida Bar Association, Department of Banking & Finance. NEC - Not Elsewhere Classified (Ord. No. 94-15, App. A, 6-21-94; Ord. No. 95-22, Appendix A, 7-5-95; Ord. No. 98-38, § 1, 9-15-98; Ord. No. 06-049, § 2, 6-20-06; Ord. No. 06-096, § 2, 1-2-07) Sec. 13-5. Provision for unlisted businesses or occupations. All businesses must obtain a Certificate of Use prior to operating within the City. The city may hereinafter classify and issue Business Tax Receipts for businesses or occupations not specifically listed herein. The city shall establish a classification for new businesses or occupations in accordance with the United States Standard Industrial Classification of Establishments (SIC). The Business Tax Receipt tax established by the city for any business not specifically listed herein shall be commensurate with the rate 326 of 382 structure and classifications set forth in Sec. 13-4, and shall be established by resolution of the City Commission following application but prior to issuance of a Business Tax Receipt for the unclassified business. (Ord. No. 94-15, § 1, 6-21-94; Ord. No. 95-22, § 2, 7-5-95; Ord. No. 06-096, § 2, 1-2-07) Sec. 13-6 Administrative remedy to challenge classification or fee. (a) Any person may protest the classification or fee applicable to that person provided: (1) The person has made and filed an application for the issuance of a Certificate of use and a Business Tax Receipt in accordance with the procedures set forth herein, and (2) The person has paid the application fee, inspection fee or re-inspection fee , when applicable, and (3) The person has received a Certificate of Use and paid the Business Tax Receipt fee requested by the city, and (4) The Business Tax Receipt has been issued. (b) A protest to a classification or fee shall be made in writing to the City Clerk within 30 calendar days following issuance of the Business Tax Receipt. Failure to timely file a protest constitutes a waiver of protest and no further challenge may be made by that person until renewal of the Business Tax Receipt, in which case the right to protest shall be revived for an additional 30 days following issuance of a renewal Business Tax Receipt. (c) A protest, when timely filed, shall be processed as follows: (1) The City Clerk shall forward the protest to the City Manager. (2) The City Manager shall conduct a review of the protest and render a written report within 45 days of the filing of the protest. The City Manager shall consider any information submitted by the person filing the protest and any information submitted by the Development Services division. The City Manager shall limit her report to an evaluation of whether the tax which is being protested is based on a reasonable classification and is uniform throughout the class. (3) The City Manager's report shall be filed with the City Clerk and submitted to the City Commission at the second meeting following filing of the report with the Clerk. A copy of the report shall be forwarded to person who filed the protest, along with a notice of the date on which the report is to be submitted to the City Commission. (4) The City Commission shall review the protest and the City Managers report and shall either grant or deny the protest. If the protest is granted the City Commission shall adjust the classification or fee in accordance with their findings and any tax previously paid by the protesting person, in excess of the adjusted tax, shall be refunded by the city. (5) A decision of the City Commission may be appealed to the Circuit Court of Palm Beach County, Florida. The Circuit Court review shall be de novo, and the burden of proof shall be on the person initiating the action. (Ord. No. 95-22, § 2, 7-5-95; Ord. No. 06-096, § 2, 1-2-07) Sec. 13-7. Application and reapplication fees. (a) Prior to the issuance of a Business Tax Receipt a person shall file an application for Certificate of Use with the city. The application shall be on a form prescribed by the city, and shall be filed together 327 of 382 with such other documentation as hereinafter set or as required by state law. The Business Tax Receipt portion of the form shall require disclosure of the Federal Identification Number or Social Security number of the person to be licensed. (b) Each new application for a Certificate of Use and Business Tax Receipt shall be accompanied by an application filing fee in the amount of forty dollars ($40.00), which shall cover the Certificate of Use inspections and review to be undertaken by city zoning, and building division staff. Should additional inspections for environmental, Utilities, Code, fire, or other departments, be necessary due to the proposed use, the applicant shall pay for such inspections at a rate of twenty-five dollars per hour ($25.00/hour) per discipline, not exceeding a total of two hundred dollars ($200.00). In the event an application is denied due to failed inspections, the application may, upon payment of a re-inspection fee of ten dollars ($10.00) per re-inspection, be reconsidered. (Ord. No. 94-15, § 1, 6-21-94; Ord. No. 95-22, § 2, 7-5-95; Ord. No. 04-026, § 1, 4-20-04; Ord. No. 06- 096, § 2, 1-2-07) Sec. 13-8. Declaration required where fee depends on variable factors within the applicant's knowledge. Whenever the Certificate of Use or Business Tax Receipt depends upon variable factors, the applicant shall be required by the city to execute an affidavit containing information upon which the Business Tax Receipt fee is calculated. The affidavit shall be completed, executed and returned to the city as a condition precedent to the issuance of a Certificate of Use or, on request by the city, to the reissuance of an existing Business Tax Receipt. Failure to accurately disclose variable factors shall constitute grounds for the denial of an application or the revocation of an issued Certificate of Use and Business Tax Receipt. (Ord. No. 94-15, § 1, 6-21-94; Ord. No. 95-22, § 2, 7-5-95; Ord. No. 06-096, § 2, 1-2-07) Sec. 13-9. Issuance of Certificate of Use. (a) Upon receipt of a Certificate of Use and payment of the required Business Tax Receipt fee, the Development Services division will issue the Business Tax Receipt. (b) The mistaken issuance of a Certificate of Use or Business Tax Receipt shall not be deemed to be a waiver of any provision of the City Code nor shall the issuance of a Certificate of Use or Business Tax Receipt be construed to be a judgment of the city as to the competence of the applicant to transact business. (c) No Certificate of Use or Business Tax Receipt shall be issued unless it is found that the proposed business and location comply with city zoning codes and other applicable city ordinances. (d) No Certificate of Use or Business Tax Receipt shall be issued for an occupation where certification is required under state law unless proof of said certification is provided. (Ord. No. 94-15, § 1, 6-21-94; Ord. No. 95-22, § 2, 7-5-95; Ord. No. 06-096, § 2, 1-2-07) Sec. 13-10. Due dates. Business Tax Receipts shall be sold by the city beginning August 1st of each year and are due and payable on or before September 30th of each year and expire on September 30th of the succeeding year; upon transfer to a new owner; or following approval of a Certificate of Use application for a new or relocating business. (Ord. No. 95-22, § 2, 7-5-95; Ord. No. 06-096, § 2, 1-2-07) Sec. 13-11. Delinquency penalty. 328 of 382 Business Tax Reciepts that are not renewed when due and payable are delinquent and subject to a delinquency penalty of ten percent (10%) for the month of October, plus an additional five percent (5%) penalty for each subsequent month of delinquency until paid, provided the total delinquency penalty may not exceed twenty-five percent (25%) of the Business Tax Receipt tax for the delinquent establishment. (Ord. No. 95-22, § 2, 7-5-95; Ord. No. 06-096, § 2, 1-2-07) Sec. 13-12. Transfer of a Business Tax Receipt. Transfer to new owner. (a) Business Tax Receipts may be transferred to a new owner when there is a bona fide sale and transfer of the business and property used in the business. A transferred Business Tax Receipt shall be valid for the same time period and at the same location for which it was originally issued. The original Business Tax Receipt shall be surrendered at the time application for transfer is made. A transferred Business Tax Receipt, after being approved, shall be of the same force and effect as the original Business Tax Receipt. A person applying for such transfer shall pay to the city a transfer fee of ten percent of the annual license tax, but not less than three dollars ($3.00) nor more than twenty-five dollars ($25.00) and shall present evidence of the sale or transfer of the business. A Certificate of Use shall be required when originally approved equipment is removed or altered, or alterations to floor plan or other building systems occurs. Transfer to new location. (b) Business tax receipts may be transferred from one location to another, subject to receipt of a Certificate of Use, provided no change of ownership has occurred and the business classification in which the Business Tax Receipt was originally issued remains unchanged. A transferred Business Tax Receipt shall be valid for the same time period for which it was originally issued at the new location. The original Business Tax Receipt shall be surrendered at the time application for transfer is made. A transferred Business Tax Receipt, following receipt of a Certificate of Use, shall be of the same force and effect as the original Business Tax Receipt. A person applying for such transfer shall pay to the city the Certificate of Use application filing and inspection fees as listed herein Sec. 13-7 and a transfer fee of ten percent of the annual license tax, but not less than three dollars ($3.00) nor more than twenty-five ($25.00) dollars. (Ord. No. 94-15, § 1, 6-21-94; Ord. No. 95-22, § 2, 7-5-95) Sec. 13-13. Duplicate Business Tax Receipts Duplicate Business Tax Receipts may be issued by the Development Services division. A fee of five dollars ($5.00) will be assessed for each duplicate Business Tax Receipt issued. (Ord. No. 94-15, § 1, 6-21-94; Ord. No. 95-22, § 2, 7-5-95; Ord. No. 06-096, § 2, 1-2-07) Sec. 13-14. Business Tax Receipts to be posted or carried. (a) Business Tax Receipts issued to businesses that have a permanent place of business within the city shall prominently display the current Business Tax Receipt within the place of business. (b) In those occupations requiring business to be conducted outside of the permanent place of business, the Business Tax Receipt holder shall be required to produce the Business Tax Receipt upon request. (Ord. No. 94-15, § 1, 6-21-94; Ord. No. 95-22, § 2, 7-5-95; Ord. No. 06-096, § 2, 1-2-07) Sec. 13-15. Doing business not covered by Business Tax Receipt; Certificate of Use or Business Tax Receipt obtained by false statements void ab initio. No Certificate of Use or Business Tax Receipt issued under the provisions of this chapter shall protect any person from prosecution for transacting any business, trade or profession not covered by the Certificate of Use or Business Tax Receipt, or protect any person doing business with a Business Tax 329 of 382 Receipt issued upon any false statement of variable factors. Certificate of Use or Business Tax Receipts that are issued based on false statements shall be considered as void ab initio and shall not protect the holder thereof from prosecution for transacting business without a Certificate of Use or Business Tax Receipt. Falsification of information can constitute grounds for revocation of the Certificate of Use and Business Tax Receipt, for a fine not exceeding five hundred dollars ($500.00), or imprisonment not exceeding sixty (60) days. (Ord. No. 94-15, § 1, 6-21-94; Ord. No. 95-22, § 2, 7-5-95; Ord. No. 06-096, § 2, 1-2-07) Sec. 13-16. Engaging in business without a Business Tax Receipt; penalties; prima facie evidence. (a) It shall be unlawful for any person to engage in any business, profession, or occupation taxable by business tax receipt hereunder without first obtaining a Business Tax Receipt. Any person engaged in such business, profession or occupation without the required Certificate of Use and Business Tax Receipt shall pay a penalty of twenty-five percent (25%) of the full year Business Tax Receipt fee for such trade, in addition to the Business Tax Receipt fee set forth herein. (b) In addition, a person operating in violation of this chapter shall be subject to a fine of up to five hundred dollars ($500.00) a day and/or sixty (60) days in jail for each day business is operated in violation of this chapter. (c) In any original prosecution under this section, the fact that such person is open for business, shall be prima facie evidence of engaging in such trade, business, profession or occupation, and the burden shall be upon the defendant to rebut same. (Ord. No. 94-15, § 1, 6-21-94; Ord. No. 95-22, § 2, 7-5-95; Ord. No. 06-096, § 2, 1-2-07) Sec. 13-17. Methods of enforcement: injunction; code enforcement. (a) The specific penalties and enforcement mechanisms contained within this article are not exclusive remedies and shall not be construed as prohibiting the city from seeking other fines and other remedies authorized by city, state, or common law. (b) Any person subject to and who fails to secure a Certificate of Use and Business Tax Receipt required by this chapter or any other ordinance of the city or law of the State of Florida, shall upon petition by the city be enjoined by the circuit court from engaging in the business in which he has failed to secure said Certificate of Use and Business Tax Receipt, until such time as he shall secure same, including all costs of such action. (Ord. No. 94-15, § 1, 6-21-94; Ord. No. 95-22, § 2, 7-5-95; Ord. No. 06-096, § 2, 1-2-07) Sec. 13-18. Right to deny issuance, renewal, transfer, revocation; right of appeal. (a) The city may refuse to issue, reissue or transfer any Certificate of Use or Business Tax Receipt provided for in this chapter when: (1) Issuance will result in the violation of applicable city, county, federal or state law, or (2) When the City's Code Enforcement Board has issued an order finding a code violation and the violation has not been corrected, or (3) When the City's Code Enforcement Board has issued an order imposing a fine and the fine remains unpaid. (b) In the case of refusal to issue, reissue or transfer any Certificate of Use or Business Tax Receipt on one of the foregoing grounds, the city shall notify the business applicant or Business Tax Receipt 330 of 382 holder in writing the basis for such refusal to issue, reissue or transfer a Certificate of Use or Business Tax Receipt with specific reference to the provisions of the City Code or Code Board Order which the city asserts constitutes grounds for denial. (c) The city shall have the right and authority to revoke, with fifteen (15) days written notice, any Certificate of Use or Business Tax Receipt granted under this chapter and issued to any person, whenever it is made to appear that the business method or operation or work being conducted or carried on by the business constitutes the violation of any applicable city, county, or state law. (d) An applicant who is denied issuance, reissuance or transfer of a Certificate of Use or Business Tax Receipt or whose Certificate of Use or Business Tax Receipt has been revoked may, within ten (10) calendar days of the denial or revocation, file a written appeal of the denial or revocation to the Building Board of Adjustment. The Notice of Appeal shall be filed with the City Clerk. (e) The Board shall meet within thirty (30) days and shall conduct a quasi-judicial evidentiary hearing. The initial burden of proof shall be on the City to establish that the refusal or denial to issue, reissue or transfer a Certificate of Use or Business Tax Receipt is based on the grounds as set forth in division (a) above. The burden then shifts to the applicant to prove that the applicant is exempt from application of the City, County, Federal or State law, that the Code violation has been corrected, or that the Code Board fine has been paid. The Board shall issue a final order with findings of fact. (f) The decision of the Building Board of Adjustment shall be final and shall only be subject to review by writ of certiorari to Palm Beach County Circuit Court. (g) A Notice of Appeal stays the denial or revocation of the license until the appeal process is completed. (h) When denial of the issuance or reissuance of a license is based on division (a)(3) above, the Notice of Appeal shall be accompanied by payment of the outstanding Code violation fine. (Ord. No. 94-15, § 1, 6-21-94; Ord. No. 95-22, § 2, 7-5-95; Ord. No. 06-071, § 2, 7-18-06; Ord. No. 06- 096, § 2, 1-2-07) Sec. 13-19. Special permits for nonprofit enterprise. The city shall issue special permits, following issuance of a Certificate of Use, without payment of any Business Tax Receipt fees, to any person or organization for the conducting or operating of a nonprofit enterprise, either regularly or temporarily, when the applicant signs an affidavit that the applicant operates without private profit, for a public, charitable, educational, literary, fraternal or religious purpose. Special permittee must conform. (a) A person operating under a special permit shall operate his nonprofit enterprise in compliance with this section and all other rules and regulations. False affidavit. (b) Any person signing a false affidavit pursuant to this section shall be subject to a five hundred dollar ($500.00) fine and/or sixty (60) days in jail. (Ord. No. 94-15, § 1, 6-21-94; Ord. No. 95-22, § 2, 7-5-95) Sec. 13-20. Special events. Permits for special events. (a) It shall be unlawful to organize, conduct or participate in any special event on the streets of the city or at any of the city’s outdoor recreation facilities unless a permit for such special event has been issued by the City Manager or his/her designee. Definition. (b) Special Event. Any meeting, activity, gathering, or group of persons, animals, or vehicles, or a 331 of 382 combination thereof, having a common purpose, design or goal upon any public or private facility, street, sidewalk, alley, park or other place or building where the special event substantially inhibits the usual flow of pedestrian or vehicular traffic or which occupies any public area or building and preempts use by Special Event the general public. A shall include but not be limited to city co-sponsored events, festivals, carnivals, concerts, parades, walks, races, fund raising sales and similar gatherings, block parties, grand opening promotions, and other similar events not specifically permitted by city ordinance. Merchandise sales under a tent on private property which have no other related activity, i.e. food sales or entertainment, are exempt from obtaining a Special Event permit; however, applicant must still obtain the proper Building Permit. City of Boynton Beach Recreation and Parks Department events are exempt from this section. Special Event Handbook. A publication issued by the City of Boynton Beach Recreation Department entitled “Special Event Handbook” which sets forth procedures for the application process Comment [Comment1]: No “or Parks” in ord. and city requirements for special event activities, and which is attached hereto as Exhibit “A” and made a part hereof. This booklet may be amended from time to time by the City Manager or his or her designee; however Special Event Permit Fees shall be amended by resolution of the City Commission. Application for a special event permit. (c) (1) Any person or organization seeking to conduct a special event in the city shall file an application with appropriate fee, for a special event permit with the Recreation Department on forms provided by the city, on or before the following deadlines prior to the event: Expected Attendance Deadlines (persons) (months) Less than 500 One month 501 to 5,000 Three months 5,001 to 50,000 Six months More than 50,000 Nine months (2) All information solicited on the special event permit application form must be provided by the applicant. Incomplete information may result in denial of the permit application. (3) For events with an expected attendance of 50,000 persons or greater, a letter of intent shall be filed at least one year prior to the event with the City Manager describing dates, times and location of all event activities. (4) Notwithstanding the foregoing procedure, the City Commission reserves the right to waive application filing deadlines on a case by case basis. Standards for issuance of permit. (d) A special event permit shall be issued by the Recreation Department unless: (1) The application is not complete in all material respects and all information contained therein accurate within the knowledge of the Special Events Coordinator; (2) All of the conditions set forth herein and all contractual requirements imposed by the city, if any, have not been or will not be met; (3) The special event will interfere with or unduly burden the city’s provision of municipal services to the community including but not limited to police, fire and emergency medical protection, water and sanitary sewer service, and solid waste removal; (4) The public benefit provided by the event has not been demonstrated; (5) The appropriate fee established by resolution of the City Commission has not been paid. 332 of 382 Conditions for permit. (e) All special event permit applications approved pursuant to this article shall be subject to the following conditions: (1) The public area utilized shall be cleaned up following any special event and in all respects restored to its former condition. A refundable security bond, or similar financial pledge, may be required in amount to be determined by the Recreation Department, to ensure that any damage is repaired and the premises returned to its previous condition. (2) The use or construction of platforms, chairs or other equipment may be prohibited or restricted by the Recreation Department and/or the City Manager if such would result in permanent damage to city property or constitute a hazard to public safety. (3) A detailed site plan shall be submitted showing the locations of any tents, port-o-lets, parking lots, stages, booths, and the like, and the time periods for set up and break down of the event. This plan shall be subject to review and approval by city and staff. (4) All city ordinances, rules or regulations applicable to the use of the city property on which the special event will occur shall be obeyed, unless specifically waived by the City Commission. (5) Indemnification and insurance to protect the city shall be provided as required by the City's Risk Management Department. (6) Unless extended by the Recreation Department and/or the City Manager, all permits necessary to conduct the special event shall be obtained and copies thereof provided to the city not less than 14 days prior to the first day of the event. (7) When a city employee is required at a special event, he/she shall complete, within 30 working days of the conclusion of the special event, an evaluation of the event on forms provided by the city. The permit holder for the special event will be provided with a copy of said evaluation. The need for a city employee at the special event will be determined by the City Manager or his/her designee. Enforcement/penalty. (e) It shall be unlawful to operate or hold any special event in the city without compliance with this section. Failure to comply with this section shall be deemed a violation of the city code punishable by up to a $500 fine and/or 60 days in the county jail. (Ord. No. 94-15, § 1, 6-21-94; Ord. No. 95-22, § 2, 7-5-95; Ord. No. 98-37, § 1, 10-20-98; Ord. No. 01- 19, § 1, 4-17-01; Ord. No. 03-025, § 1, 6-17-03) Sec. 13-21. Registration and regulation of contractors Contractors and specialty contractors, unless exempt as described in Florida Statutes, Section 205.065, who do not maintain a location or branch office in the city but who conduct business within the city shall be required to register with the city before conducting business within the city. Contractors who are holders of a valid countywide municipal contractor's license, in addition to a Palm Beach County Business Tax Receipt, shall be required to register, show proof of the countywide municipal license and pay a registration fee of two dollars ($2.00). Contractors who are not holders of a valid countywide municipal contractor's license shall be allowed to register and the fee schedule shall be set by ordinance. (Ord. No. 94-15, § 1, 6-21-94; Ord. No. 95-22, § 2, 7-5-95) Sec. 13-22. Professionals, Business Tax Receipt. Each professional, engaged in the practice of any profession, shall be required to obtain an individual Business Tax Receipt. (Ord. No. 94-15, § 1, 6-21-94; Ord. No. 95-22, § 2, 7-5-95; Ord. No. 06-096, § 2, 1-2-07) Sec. 13-23. Home occupational Business Tax Receipt fees. 333 of 382 Business Tax Receipts for home occupations, when otherwise permitted, shall pay the same fee for such business, profession or occupation as would otherwise be payable if the occupation were conducted in a non-home location. (Ord. No. 94-15, § 1, 6-21-94; Ord. No. 95-22, § 2, 7-5-95) Sec. 13-24. Coin-operated vending machines. (a) A Business Tax Receipt is required for all vending machines, except that the following coin- operated machines are and shall be exempt from Business Tax Receipt hereunder: (1) No Business Tax Receipt shall be required for coin-operated machines where the vending machines are owned and operated by charitable or benevolent nonprofit organizations and where the entire proceeds of such machines are used solely for recognized charitable or benevolent purposes. (2) No Business Tax Receipt shall be required for the operation of any machines where such machines are owned by a person who is otherwise a holder of a Business Tax Receipt by the city, and such machines are located and operated at the owner's regular place of business as listed on the Business Tax Receipt. (b) Proprietors of places of business and/or owners of record of the premises in or on which vending machines are placed shall be jointly and severally responsible for the vending machine Business Tax Receipt if not otherwise paid. (Ord. No. 94-15, § 1, 6-21-94; Ord. No. 95-22, § 2, 7-5-95) Sec. 13-25. Businesses that handle hazardous materials or waste. All businesses which would be located within the city shall state, as part of the Certificate of Use application, whether the business would use, handle, store, generate, or display hazardous materials, hazardous waste, or a toxic substance, as the same are defined by 40 Code of Federal Regulations, Part 261, or the Florida Substance List as set forth in Rule 4A-62.004, Florida Administrative Code, in which case a City Fire Department Hazardous Material Disclosure Form shall be required in accordance with Part II, Section 9-71 of this code. (Ord. No. 94-15, § 1, 6-21-94; Ord. No. 95-22, § 2, 7-5-95; Ord. No. 04-026, § 2, 4-20-04; Ord. No. 06- 096, § 2, 1-2-07) Sec. 13-26. Businesses that tow vehicles. (a) Any person or firm that tows or removes vehicles and proposes to require an owner, operator, or person in control of a vehicle to pay the costs of towing and storage prior to redemption of the vehicle must file and keep on record with the City Police Department a complete copy of the current rates to be charged for such services, post at the storage site an identical rate schedule, and provide the current rate schedule with any written contracts with property owners, lessors, or persons in control of property which authorize such person or firm to remove vehicles. (b) Any person or firm towing or removing any vehicles from private property without the consent of the owner or other legally authorized person in control of the vehicles shall, on any trucks or other vehicles used in the towing or removal, have clearly indicated, in at least two-inch letters such person's or firm's name, address and telephone number on the driver and passenger side doors. (Ord. No. 94-15, § 1, 6-21-94; Ord. No. 95-22, § 2, 7-5-95) Sec. 13-27. Identification of vehicles used in business or occupation. Any and all trucks or other vehicles operated or used in connection with any contracting, building, 334 of 382 delivery, maintenance, repair service, manufacturing business or occupation conducted within the municipal limits of the City of Boynton Beach, Florida, shall have painted or otherwise prominently displayed in a visible and legible manner upon such truck or other vehicle, the name and address of the business in which such truck or other vehicle is used. Such information shall be displayed on both sides of the vehicle, and the letters included in such sign shall each be a minimum height of two inches. (Ord. No. 94-15, § 1, 6-21-94; Ord. No. 95-22, § 2, 7-5-95) Sec. 13-28. Certificate of Use for used car lots. Approval required. (a) Prior to the issuance of any Certificate of Use authorizing the operation of a used car lot within the city, such Certificate of Use must be approved by the City Commission. In addition to the other requirements set forth in this section and other existing sections of the Code, if it is the judgment of the City Commission that the issuance of such Certificate of Use shall result in increasing or creating fire, traffic or other dangerous hazards, endangering children or the general public, the emission of offensive noise or noxious odors, or otherwise constitute an objectionable nuisance, or otherwise be detrimental to the health, safety and general welfare of the community, and in the absence of counterbalancing public demand for the issuance of such Certificate of Use in the vicinity in question, the Commission may refuse to issue such Certificate of Use. The requirements set forth in this subsection shall be applicable regardless of the zoning classification of the property location connected with any such Certificate of Use application contemplated herein. Restrictions authorized. (b) In addition, the City Commission may, in connection with the approval and issuance of any such Certificate of Use, to impose reasonable restrictions or requirements upon the operation of such business relative to installation of sanitary and office facilities, paving and lighting installation, landscaping and reasonable hours and times of business operation. (Ord. No. 94-15, § 1, 6-21-94; Ord. No. 95-22, § 2, 7-5-95; Ord. No. 06-096, § 2, 1-2-07) Secs. 13-29 — 13.51. Reserved. ARTICLE II. GARAGE SALES* *Note -See the editor's footnote to Ch. 13. Sec. 13-52. Defined. A “garage sale,” as used in this article, is hereby defined to mean any sale or offering for sale of personal property by a member of a family or other household unit, said personal property having been acquired, possessed and used by the family or household for personal as opposed to business or commercial use, when such sale is to be or is conducted at the present residence of such family or household. “Garage sale” shall include sales commonly referred to as patio sales, driveway sales, yard sales, and other such sales. “Garage sales” shall not include the sale or offering for sale of any goods on consignment. It shall include the sale or offering for sale of goods of more than one family or household. (Ord. No. 83-10, § 1, 5-17-83) Sec. 13-53. Exception to article provisions. The provisions of this article shall not apply to sales of personal property made pursuant to a valid order of a court of competent jurisdiction. (Ord. No. 83-10, § 1, 5-17-83) Sec. 13-54. Permit required. 335 of 382 No garage sale may be conducted within the city without a permit having been first issued for such sale by the building official. (Ord. No. 83-10, § 1, 5-17-83 2007 S-28 Sec. 13-55. Written statement required. Prior to issuance of any garage sale permit the person conducting such sale shall file a written statement with the building official setting forth the following information: (a) The person's interest in the residential property such as ownership, current lessee or such other control as the person may have. (b) Ownership of the property to be sold. (c) Purposes for which the property to be sold has been previously used. (d) Affirmative statement that the property to be sold was neither acquired nor consigned for the purposes of resale. (Ord. No. 83-10, § 1, 5-17-83) Sec. 13-56. Permit fee. There shall be an administrative processing fee of five dollars ($5.00) for the issuance of a garage sale permit. (Ord. No. 83-10, § 1, 5-17-83) Sec. 13-57. Limitation on number of permits. Only two (2) garage sale permits shall be issued to one residence, family or household during any calendar year. (Ord. No. 83-10, § 1, 5-17-83) Sec. 13-58. Conducting a garage sale without a permit or under a permit issued under false statements; penalties; prima facie evidence. It shall be unlawful for any person to engage in or conduct a garage sale, as defined herein, without a permit or under a permit issued upon false statements made by such person or in his behalf. In addition, a person operating a business in violation of this chapter shall be subject to a fine of up to five hundred dollars ($500.00) a day and/or sixty (60) days in jail for each day business is operated in violation of this chapter. In any original prosecution under this section, the fact that such person is open for business shall be prima facie evidence of engaging in such trade, business, profession or occupation, and the burden shall be upon the defendant to rebut the same. (Ord. No. 83-10, § 1, 5-17-831999 S-10 336 of 382 13. B LEGAL July 3, 2012 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: July 3, 2012 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. 12-013 - FIRST EQUESTED CTION BY ITY OMMISSION READING - Approve amendment to Land Development Regulations intended to extend the trial period for temporary feather banners for 12 months and allow for repeated 90-day display periods ER: On December 6, 2011 the Commission approved Ordinance XPLANATION OF EQUEST 11-030 modifying the City’s sign regulations for a trial period of 6-months. The temporary regulations established a term and definition for a “feather banner” along with th corresponding standards and procedural requirements. On June 5, staff presented to the Commission its findings collected during the 6-month period and a recommendation for a 12-month extension. Staff’s recommendation was based on the lack of negative impacts experienced during the trial period and positive benefit to local businesses. The Commission acted to support the extension and provision that would allow for multiple 90-day display periods for a single business. The proposed ordinance would amend the temporary provisions within the City’s Sign Regulations to extend the trial period for 12 months and to allow for the permitting of repeat display periods of 90 days if there exist capacity on the subject property based on the maximum standard of 1 feather banner for each 300 feet of property frontage. th The 12-month extension should be retroactive to June 6 (date of original expiration). H? N/A OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: Permit revenues totaled $550 for the first 5 months of the trial period. ISCAL MPACT A: Not approve subject amendments to LDRs. LTERNATIVES 337 of 382 ORDINANCE NO. 12- AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA AMENDING THE LAND DEVELOPMENT REGULATIONS, CHAPTER 4 ARTICLE IV “SIGN STANDARDS” BY AMENDING SEC. 4 “STANDARDS”, SUBSECTION B.10 TO ALLOW FOR REPEAT DISPLAY PERIODS OF 90 DAYS; EXTENDING THE TRIAL PERIOD FOR AN ADDITIONAL TWELVE MONTHS; PROVIDING FOR CONFLICTS, SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE. WHEREAS, on December 6, 2011, the City Commission approved Ordinance 11-030 modifying the City’s sign regulations for a trial period of 6-months to establish a term and definition for a “feather banner” along with corresponding standards and procedural requirements; and WHEREAS, staff presented the City Commission with its findings collected during the 6-month period and a recommendation for a 12-month extension; and WHEREAS, it is the intent of the City Commission to modify the sign code and extend the trial basis for a 12-monthperiod after which time the City Commission will evaluate if the use of temporary feather banner signs provides benefit to the business community in balance with aesthetic considerations which might negatively impact the City. 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. Article IV “Sign Standards”, Sec. 4 “Standards”, subsection B. 10 shall be amended as follows: … d. Location. Feather banners shall not be placed within the site triangle of driveways or intersections, shall not be attached to landscaping materials, and must be placed behind 338 of 382 the shrub row of the landscape buffer. The minimum setback shall be ten (10) feet from the property line, except that the setback may be less than ten (10) feet if still placed, as described herein, within an existing landscape buffer with a continuous hedge row. Banners shall not be placed in or otherwise block parking spaces or drive aisles. Banners may not be placed on sidewalks.Banners shall not be placed on public sidewalks, and they shall not be placed in, or otherwise block parking spaces or drive aisles. Banner placement may not interfere with pedestrian movement. e. Duration. The maximum cumulative display period shall be ninety (90) days per calendar year12-month period, except that feather banner permits may be issued for additional display periods contingent upon there being available space based on the maximum number of banners allowed per property as described above. In order to ensure priority treatment of first-time applicants, a permit for an additional 90-day display period may be requested after 7 working days following permit expiration, if there remains capacity on the property for the additional banner. If desired by a first-time applicant for a feather banner, applications shall be held by the City in queue for the next available display period based on the expiration dates of existing permits. Complete, first- time applications will be processed and held on a first-come, first-served basis. The duration period shall run for consecutive days. … Section 3. 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 4. Authority is hereby given to codify this Ordinance. Section 5. This Ordinance shall be retroactive and shall be deemed effective as of June 6, 2012 for a period of twelve (12) months and shall automatically be repealed after twelve (12) months. 339 of 382 FIRST READING this ____ day of ____________, 2012. SECOND, FINAL READING AND PASSAGE this ______ day of ________, 2012. CITY OF BOYNTON BEACH, FLORIDA ______________________________ Mayor – Woodrow L. Hay ______________________________ Vice Mayor – Mack McCray ______________________________ Commissioner – William Orlove ______________________________ Commissioner – Steven Holzman ______________________________ Commissioner – Marlene Ross ATTEST: ___________________________ Janet M. Prainito, MMC City Clerk (Corporate Seal) 340 of 382 13. C LEGAL July 3, 2012 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: July 3, 2012 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. R12-058 - EQUESTED CTION BY ITY OMMISSION Approve joint proposal regarding location and limitation of digital outdoor advertising displays with Clear Channel Outdoor, Inc., and Wilton Manor Street Systems, Inc. ER: In 2000, Florida Outdoor Advertising, LLC., Gold Coast XPLANATION OF EQUEST Advertising, Inc., initiated litigation with the City over applications for sign permits which resulted in a Settlement Agreement dated October 5, 2001. The Agreement allowed the installation of certain signs adjacent to Interstate 95 in the City. Clear Channel subsequently assumed the rights of Florida Outdoor Advertising and Gold Coast Advertising under the Agreement to six billboards with a total of 11 advertising faces. Clear Channel applied to the City for a permit to upgrade an existing sign under the Agreement to an “embodied” lighting system under Section 8 of the Agreement, “Sign Lighting.” Embodies light systems are also known as digital display billboards. The City denied Clear Channel’s application on the basis that Section 8 “Sign Lighting” did not allow the proposed upgrade. Clear Channel initiated litigation against the City in Palm Beach County Circuit Court over the meaning of Section 8 “Sign Lighting”. Contemporaneously with defending the Clear Channel Complaint, Wilton Manors Street Systems made a proposal to lease City-owned property on the east side of I-95 to erect either a static faced billboard or a digital billboard. Digital billboards produce significantly more revenue than static face billboards. With respect to the Wilton Manors Street System proposal lease revenue from the City would be greater from a digital billboard than from a static face billboard. The proposed Lease would result in the Public Works billboard being a static face billboard. That would leave Wilton Manors Street System with the right to construct one 341 of 382 additional billboard on the west side of I-95 in a location not yet determined. If and when constructed, this final billboard would be either static or digital at Wilton manors Street Systems option. The 2000 litigation and the billboard restraints that were the outcome of that litigation justify joint resolution of the Clear Channel litigation and the Wilton Manors Street System request. Joint resolution would also eliminate the risk of future liability over interpretation of the 2000 case settlement. H? Pending litigation would be settled OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES without further risk and the City will derive significant income from leasing a portion of the Public Works compound. FI: The lease with Wilton Manors Street System for a portion of the Public Works ISCAL MPACT Compound will net the City annual base rent of $24,750 plus a 3% increase per year after the first year. A: Not approve the settlement. Direct outside legal counsel to continue defense LTERNATIVES of pending law suit with Clear Channel. With respect to Wilton Manors Street System, approve a Lease with only a static faced sign or not approve the Lease and therefore have no sign at that location. 342 of 382 RESOLUTION NO. R12- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING A JOINT PROPOSAL REGARDING LOCATION AND LIMITATION OF DIGITAL OUTDOOR ADVERTISING DISPLAYS WITH CLEAR CHANNEL OUTDOOR, INC., AND WILTON MANOR STREET SYSTEMS, INC; AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE THE NECESSARY DOCUMENTS; AND PROVIDING AN EFFECTIVE DATE. in 2000, Florida Outdoor Advertising, LLC, Gold Coast Advertising, Inc., WHEREAS, initiated litigation with the City over applications for sign permits which resulted in a Settlement Agreement dated October 5, 2001 that allowed the installation of certain signs adjacent to Interstate 95 in the City; and WHEREAS, Clear Channel subsequently assumed the rights of Florida Outdoor Advertising and Gold Coast Advertising under the Agreement to six billboards with a total of 11 advertising faces; and WHEREAS, Clear Channel applied to the City for a permit to upgrade an existing sign under the Agreement to an “embodied” lighting system under Section 8 of the Agreement, “Sign Lighting.” The City denied Clear Channel’s application on the basis that Section 8 “Sign Lighting” did not allow the proposed upgrade; and WHEREAS, Clear Channel initiated litigation against the City in Palm Beach County Circuit Court over the meaning of Section 8 “Sign Lighting”; and WHEREAS, Wilton Manors Street Systems made a proposal to lease City-owned property on the east side of I-95 to erect either a static faced billboard or a digital billboard; and WHEREAS, the City Commission of the City of Boynton Beach, Florida , upon the recommendation of staff, deems it to be in the best interests of the City residents to approve the joint proposal regarding location and limitation of digital outdoor advertising displays with Clear Channel Outdoor, Inc., and Wilton Manors Street Systems, Inc., by approving the Amendment to 343 of 382 Settlement Agreement with Clear Channel Outdoor, Inc., and the Outdoor Lease Agreement with Wilton Manors Street Systems, Inc. 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, Florida hereby approves the Amendment to Settlement Agreement with Clear Channel Outdoor, Inc., a copy of which is attached hereto as Exhibit “A”. Section 3. The City Commission of the City of Boynton Beach, Florida hereby approves the Outdoor Lease Agreement with Wilton Manors Street Systems, Inc., a copy of which is attached hereto as Exhibit “B”. Section 4. The Mayor and City Clerk are authorized to execute the necessary documents to effectuate this approval. Section 5. This Resolution shall become effective immediately upon passage. 344 of 382 PASSED AND ADOPTED this _____ day of July, 2012. CITY OF BOYNTON BEACH, FLORIDA ______________________________ Mayor – Woodrow L. Hay ______________________________ Vice Mayor – Mack McCray ______________________________ Commissioner – William Orlove _______________________________ Commissioner – Steven Holzman _______________________________ ATTEST: Commissioner – Marlene Ross _________________________ Janet M. Prainito, MMC City Clerk (Corporate Seal) 345 of 382 346 of 382 347 of 382 348 of 382 349 of 382 350 of 382 351 of 382 352 of 382 353 of 382 354 of 382 355 of 382 356 of 382 357 of 382 358 of 382 359 of 382 360 of 382 361 of 382 362 of 382 363 of 382 364 of 382 365 of 382 366 of 382 367 of 382 368 of 382 369 of 382 370 of 382 371 of 382 372 of 382 14. A FUTURE AGENDA ITEMS July 3, 2012 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: July, 3, 2012 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: Special City Commission Budget Meetings, EQUESTED CTION BY ITY OMMISSION Monday, July 16, 2012 @ 2:00 p.m., Tuesday, July 17, 2012 @ 9:00 a.m. and Wednesday, July 18, 2012 @ 2:00 p.m. in the Library Program Room at the City Library ER: XPLANATION OF EQUEST H? OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: ISCAL MPACT A: LTERNATIVES 373 of 382 14. B FUTURE AGENDA ITEMS July 3, 2012 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: July 3, 2012 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: Update on City of Boynton Beach towing contract - EQUESTED CTION BY ITY OMMISSION 7/17/12 ER: XPLANATION OF EQUEST H? OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: ISCAL MPACT A: LTERNATIVES 374 of 382 14. C FUTURE AGENDA ITEMS July 3, 2012 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: July 3, 2012 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: 2nd Qtr 2012 report on Economic Development EQUESTED CTION BY ITY OMMISSION Program Initiatives - 7/17/12 ER: XPLANATION OF EQUEST H? OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: ISCAL MPACT A: LTERNATIVES 375 of 382 14. D FUTURE AGENDA ITEMS July 3, 2012 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: July 3, 2012 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: 2nd Qtr 2012 update on Climate Action Plan EQUESTED CTION BY ITY OMMISSION Implementation - 7/17/12 ER: XPLANATION OF EQUEST H? OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: ISCAL MPACT A: LTERNATIVES 376 of 382 14. E FUTURE AGENDA ITEMS July 3, 2012 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: July 3, 2012 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: Second monthly update on Old High School project EQUESTED CTION BY ITY OMMISSION - 7/17/12 ER: XPLANATION OF EQUEST H? OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: ISCAL MPACT A: LTERNATIVES 377 of 382 14. F FUTURE AGENDA ITEMS July 3, 2012 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: July 3, 2012 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 Interlocal Agreement with Quantum Park EQUESTED CTION BY ITY OMMISSION Overlay Dependent District - 7/17/12 ER: The Quantum Park Overlay Dependent District and the City XPLANATION OF EQUEST of Boynton Beach have been negotiating in good faith according to the Florida Governmental Conflict Resolution Act, Section 164 of the Florida Statutes. Those negotiations have yielded a proposed Interlocal Agreement whereby the City agrees to assume ownership and maintenance responsibility for a number of road rights of way located within Quantum Park. Commission concurrence is required. H? OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: ISCAL MPACT A: LTERNATIVES 378 of 382 14. G FUTURE AGENDA ITEMS July 3, 2012 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: July 3, 2012 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: Approve scope of services for police study RFP- EQUESTED CTION BY ITY OMMISSION 7/17/12. ER: The Commission will review a draft of the scope of services XPLANATION OF EQUEST for the Police Department study (RFP). H? OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: ISCAL MPACT A: LTERNATIVES 379 of 382 14. H FUTURE AGENDA ITEMS July 3, 2012 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: July 3, 2012 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: Discussion of the Palm Beach County Ethics EQUESTED CTION BY ITY OMMISSION Commission opinion regarding City Commission expense accounts per the request of Commissioner Bill Orlove - 7/17/12. ER: XPLANATION OF EQUEST H? OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: ISCAL MPACT A: LTERNATIVES 380 of 382 14. I FUTURE AGENDA ITEMS July 3, 2012 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: July 3, 2012 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: City Commission discussion of the South Central EQUESTED CTION BY ITY OMMISSION Regional Wastewater Treatment & Disposal Board Interlocal Agreement - 7/17/12 ER: XPLANATION OF EQUEST H? OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: ISCAL MPACT A: LTERNATIVES 381 of 382 14. J FUTURE AGENDA ITEMS July 3, 2012 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: July 3, 2012 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: Discuss scope and timing of Charter Amendments EQUESTED CTION BY ITY OMMISSION adoption and public hearings - 8/07/12 ER: XPLANATION OF EQUEST H? OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: ISCAL MPACT A: LTERNATIVES 382 of 382