Agenda 06-19-12 Searchable
The City of
The City of
Boynton Beach
Boynton Beach
100 E. Boynton Beach Boulevard ● (561) 742-6000
TUESDAY, JUNE 19, 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).
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1. OPENINGS
A. Call to order - Mayor Woodrow L. Hay
B. Invocation
C. Pledge of Allegiance to the Flag led by Vice Mayor McCray
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. Announcement of July 4th Salute to Independence
B. Announcement of Public Notice to water system customers of City of Boynton
Beach Utilities regarding the temporary change of potable water treatment
method to free chlorination beginning Monday July 2, 2012 - July 27, 2012
C. Proclaim June 21, 2012 as National Dump the Pump Day.
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
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PROPOSED RESOLUTION NO. R12-048
A. - Assess the cost of nuisance
abatement on properties within the City of Boynton Beach.
B. Accept the FY 2011-12 Budget Status Report of the General Fund & Utility
Revenue Fund for the eight (8) month period ended May 31, 2012.
PROPOSED RESOLUTION NO. R12-049
C. - Approve and authorize the Interim
City Manager to enter into an agreement for consulting services between the
City and Delores Schlesselman to provide analysis and scoring services for the
Commercial Interior Build-Out Grant and Commercial Rent Subsidy Grant
PROPOSED RESOLUTION NO. R12-050
D. - Approve and authorize signing of
an Agreement for Water Service outside the City Limits with Jonathan Grosso
for the property at 1170 Highland Rd, Lantana, FL.
E. Approve the minutes from the City Commission special meeting held on June
2, 2012 and the regular meeting held on June 5, 2012.
F. Approve the recommendations of the Community Development Block Grant
review committee for funding activities in preparation of the City of Boynton
Beach's Five Year Consolidated/One Year Action Plan for FY 2012/2013. The
anticipated Community Development Block Grant allocation is $440,824.
Previous years funding in the amount of $125,000 will be re-appropriated to
complete this budget.
G. Accept the written report to the Commission for purchases over $10,000 for the
month of May 2012.
H. Accept the second quarterly status report of the City of Boynton Beach
Economic Development Program Implementation for the 1st quarter 2012.
PROPOSED RESOLUTION NO. 12-051
I. - Approve agreement with
GovernmentJobs.com, Inc., d/b/a NeoGov for Applicant Tracking Software and
authorize Interim City Manager to sign agreement for a total cost of $11,000
7. BIDS AND PURCHASES OVER $100,000
None
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.
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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.
(REQUEST THIS ITEM BE TABLED TO JULY 3, 2012 FOR LEGAL
NOTICING REQUIREMENTS)
10. CITY MANAGER’S REPORT
A. Accept status report on Net Assets' on-line lien search services.
B. Provide direction to staff on review/analysis of Palm Beach County Sheriff's
Office proposal for police services; approve agreement with the International
City/County Management Association (ICMA) for a efficiency analysis of Police
Department operations in the amount of $47,000 (which includes up to $4,700
for presentation of final report by ICMA Management Review Team) plus
$8,000 for estimated travel expenses; authorize expenditure of up to $55,000
from Law Enforcement Trust Fund for conduct of the study.
11. UNFINISHED BUSINESS
A. Discuss proposal for purchase of City owned real property located at 2240 S.
Congress Avenue
12. NEW BUSINESS
PROPOSED RESOLUTION NO. R12-052
A. - Approve an amendment of the
NSP Agreement between the City of Boynton Beach and the Boynton Beach
Community Redevelopment Agency (CRA) dated July 20, 2010, allowing for an
extension to September 30, 2013 and authorize the Mayor to execute the
amendment.
B. Consideration of the implementation of a new education initiative in the City of
Boynton Beach
13. LEGAL
PROPOSED ORDINANCE NO. 12-010 - SECOND READING
A. - Amend the
Land Development Regulations (LDR) to implement recommendations of the
Moratorium Study, Notice of Intent (NOI) #2011-01, pertaining to 1) location of
not-for-profit uses in certain zoning districts, and 2) the replacement of the lists
of approved uses for the three Planned Industrial Development Districts (PIDs)
with the standard use regulations listed in the Use Matrix.
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PROPOSED ORDINANCE NO. 12-012 - SECOND READING
B. - Approve
amendments to Code of Ordinances Part II, Chapter 13 "Licenses", requiring
Certificate of Use as condition of receiving Business Tax Receipt, and
(REQUEST THIS
removing Article I, Sec. 13-28 "Licensing of used car lots"
ITEM BE TABLED TO JULY 3, 2012 FOR LEGAL NOTICING
REQUIREMENTS)
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
B. City Commission discussion of the South Central Regional Wastewater
Treatment & Disposal Board Interlocal Agreement - 7/3/12
C. Staff update on marketing and culturalization initiatives for City Rebranding
Program - 7/3/12
D. Financial Advisory Committee Budget Report
E. Property Assessed Clean Energy (PACE) Program - 7/3/12
F. Consider lease agreement and demolition of animal control building for joint
use parking. - 7-03 -12
G. Discussion of the Palm Beach County Ethics Commission opinion regarding
City Commission expense accounts per the request of Commissioner Bill
Orlove - 7/03/12.
H. Discussion of the City Manager search process per the request of
Commissioner Bill Orlove - 7/03/12
I. Renewal of Interlocal Agreement with the Town of Hypoluxo for the City of
Boynton Beach to provide Building Inspection services - 7/03/12
J. Update on City of Boynton Beach towing contract - 7/17/12
K. 2nd Qtr 2012 report on Economic Development Program Initiatives - 7/17/12
L. 2nd Qtr 2012 update on Climate Action Plan Implementation - 7/17/12
M. Second monthly update on Old High School project - 7/17/12
N. Proposed Interlocal Agreement with Quantum Park Overlay Dependent District
- 7/17/12
O. Discuss scope and timing of Charter Amendments adoption and public
hearings - 8/07/12
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15. BRAND PROMISE STATEMENT – “BREEZE INTO BOYNTON BEACH –
AMERICA’S GATEWAY TO THE GULFSTREAM”
15. ADJOURNMENT
NOTICE
IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE CITY COMMISSION WITH RESPECT TO ANY
MATTER CONSIDERED AT THIS MEETING, HE/SHE WILL NEED A RECORD OF THE PROCEEDINGS AND, FOR
SUCH PURPOSE, HE/SHE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDING IS MADE,
WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. (F.S.
286.0105)
THE CITY SHALL FURNISH APPROPRIATE AUXILIARY AIDS AND SERVICES WHERE NECESSARY TO AFFORD AN
INDIVIDUAL WITH A DISABILITY AN EQUAL OPPORTUNITY TO PARTICIPATE IN AND ENJOY THE BENEFITS OF A
SERVICE, PROGRAM, OR ACTIVITY CONDUCTED BY THE CITY. PLEASE CONTACT THE CITY CLERK'S OFFICE
(561) 742-6060 AT LEAST TWENTY-FOUR HOURS PRIOR TO THE PROGRAM OR ACTIVITY IN ORDER FOR THE
CITY TO REASONABLY ACCOMMODATE YOUR REQUEST.
ADDITIONAL AGENDA ITEMS MAY BE ADDED SUBSEQUENT TO THE PUBLICATION OF THE AGENDA ON THE
CITY'S WEB SITE. INFORMATION REGARDING ITEMS ADDED TO THE AGENDA AFTER IT IS PUBLISHED ON THE
CITY'S WEB SITE CAN BE OBTAINED FROM THE OFFICE OF THE CITY CLERK.
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3. A
ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS
June 19, 2012
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD:
June 19, 2012
OMMISSION EETING ATE
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A/P UB
NNOUNCEMENTSRESENTATIONSNFINISHED USINESS
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DMINISTRATIVEEW USINESS
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GENDA TEM
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ONSENT GENDAEGAL
BP$100,000 FAI
IDS AND URCHASES OVER UTURE GENDA TEMS
CCL
ODE OMPLIANCE AND EGAL
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ETTLEMENTS
RACC:
Announcement of July 4th Salute to Independence
EQUESTED CTION BY ITY OMMISSION
ER:
Salute to Independence
Boynton Beach presents, Wednesday,
XPLANATION OF EQUEST
July 4, 2011, from 6:30 - 9:30 p.m. at Intracoastal Park. This is a FREE EVENT featuring a live
Monique McCall BAND
concert by the from 6:30 p.m. until 9:00 p.m. There is a Patriotic Salute
scheduled for 7:30 p.m. featuring the Police Dept. Honor Guard and an address by Mayor Hay.
The Spectacular fireworks show begins at 9 p.m. featuring the world famous "Fireworks by
Grucci". Food and beverage vendors will be on-site. Park and ride the shuttle from Bank of
America on the NE corner of E. Ocean Avenue and N. Federal Hwy., also from the Boynton
Beach High School on Gateway, East of congress. The shuttle runs from 6:00 p.m. until 10:30
p.m. No pets or personal fireworks will be allowed in the park.
H?
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
FI:
CRA Budget – line item 02-58500-480
ISCAL MPACT
A:
LTERNATIVES
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3. B
ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS
June 19, 2012
COBB
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CMD:
June 19, 2012
OMMISSION EETING ATE
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PENINGSUBLIC EARING
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A/P UB
NNOUNCEMENTSRESENTATIONSNFINISHED USINESS
NO
ATURE F
A NB
DMINISTRATIVEEW USINESS
AI
GENDA TEM
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ONSENT GENDAEGAL
BP$100,000 FAI
IDS AND URCHASES OVER UTURE GENDA TEMS
CCL
ODE OMPLIANCE AND EGAL
S
ETTLEMENTS
RACC:
Announcement of Public Notice to water system
EQUESTED CTION BY ITY OMMISSION
customers of City of Boynton Beach Utilities regarding the temporary change of potable water
treatment method to free chlorination beginning Monday July 2, 2012 - July 27, 2012
ER:
The City of Boynton Beach Water Utility will be temporarily
XPLANATION OF EQUEST
changing its method of potable water treatment to free chlorination beginning Monday
July 2nd through Friday July 27th, 2012. This is an annual process in which we switch
to a stronger disinfection method in order to ensure that our water distribution system is
maintained to the highest standards of cleanliness. As a result the customer may notice
a slight change in odor and taste in their tap water; otherwise there will be no adverse
effects. Because of this change the following people should be aware of possible
problems with their systems:
Users of home dialysis machines
Owners of tropical fish aquariums
Managers of stores and restaurants with holding tanks for fish and shellfish.
These groups are encouraged to speak to an appropriate professional for guidance on
how to use their equipment during this period.
Any changes will be eliminated when we revert to our normal disinfection method at the
end of this period. Please be assured that this is a routine procedure and that there are
no problems with your water supply. If you would like further information on this matter
please call our Water Quality Division at 742-6964 during working hours Monday
through Friday.
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H?
N/A
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
FI:
N/A
ISCAL MPACT
A:
Not to allow the announcement
LTERNATIVES
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3. C
ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS
June 19, 2012
COBB
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June 19, 2012
OMMISSION EETING ATE
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BP$100,000 FAI
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ETTLEMENTS
RACC:
Proclaim June 21, 2012 as National Dump the
EQUESTED CTION BY ITY OMMISSION
Pump Day.
ER:
Sponsored by the American Public Transportation Association
XPLANATION OF EQUEST
(APTA), the 2012 National Dump the Pump Day is a day that encourages people to ride public
transportation. Started in June 2006 when gas prices were $3 per gallon, this national day
emphasizes that public transportation is a great travel option that also helps people save
money.According to the latest APTA Transit Savings Report (see website below), individuals in
a 2-person household can save an average of more than $10,000 annually by downsizing to
one car.
http://www.apta.com/mediacenter/pressreleases/2012/Pages/120418_AprilTransitSavings.aspx
To make your pledge or plan your trip using public transit on June 21, call South Florida
Commuter Services at 1-800-234-RIDE or visit www.1800234RIDE.com.
H?
Encouraging residents and
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
employees to ride public transportation reduces the consumption of natural fossil fuels
and decreases the overall carbon footprint of the City.
FI:
None
ISCAL MPACT
A:
Not to make proclamation.
LTERNATIVES
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PROCLAMATION
WHEREAS, One of the best benefits of riding public transportation is the amount of
money you can save and Dump the Pump Day is a great opportunity for people to
explore South Florida’s commuter options and see how easy it is to save money on their
daily commute to work, school or wherever life takes you, and;
WHEREAS, Recognizing our challenging economic times and the need for people to
reduce living costs, Broward County Transit, Palm Tran, Miami-Dade Transit, South
Florida Commuter Services, South Florida Regional Transportation Authority/Tri-Rail
and Florida Department of Transportation are working together to promote the benefits
of public transportation in honor of National Dump the Pump Day on Thursday, June 21,
and;
WHEREAS, South Florida residents are encouraged to make a pledge to join millions of
commuters across the country who will ride public transportation and be automatically
entered to win a monthly transit pass, and;
WHEREAS, this national day emphasizes that public transportation is a great travel
option that also helps people save money and according to the latest APTA Transit
Savings Report, individuals in a 2-person household can save an average of more than
$10,000 annually by downsizing to one car.
Now, therefore, I, Woodrow Hay, by virtue of the authority vested in me as Mayor of the
City of Boynton Beach, Florida, hereby proclaim June 21, 2012 as:
National Dump the Pump Day
to promote the benefits of public transportation.
In witness whereof, I have hereunto set my hand and caused the Seal of the City of
Boynton Beach, Florida, to be affixed at Boynton Beach, Florida, the 19th day of June,
Two Thousand and twelve.
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5. A
ADMINISTRATIVE
June 19, 2012
COBB
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CMD:
June 5, 2012
OMMISSION EETING ATE
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ONSENT GENDAEGAL
BP$100,000 FAI
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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
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Appointment Length of Term
To Be Made Board Expiration Date
II McCray Arts Commission Alt 1 yr term to 12/12
I Orlove Arts Commission Alt 1 yr term to 12/12 Tabled (2)
Mayor Hay Bldg. Bd. of Adj. & Appeals Reg 3 yr term to 12/14
IV Ross Bldg. Bd. of Adj. & Appeals Reg 3 yr term to 12/13 Tabled (2)
I Orlove Bldg. Bd. of Adj. & Appeals Alt 1 yr term to 12/12
III Holzman Bldg. Bd. of Adj. & Appeals Alt 1 yr term to 12/12 Tabled (3)
I Orlove Cemetery Bd. Alt 1 yr term to 12/12 Tabled (3)
Mayor Hay Code Compliance Bd. Alt 1 yr term to 12/12
I Olove Code Compliance Bd. Reg 3 yr term to 12/14
IV Ross Education & Youth Advisory Bd. Alt 1 yr term to 12/12
I Orlove Education & Youth Advisory Bd. Stu 1 yr term to 12/12 Tabled (3)
III Holzman Education & Youth Advisory Bd. Alt 1 yr term to 12/12 Tabled (3)
III Holzman Financial Advisory Bd. Reg 3 yr term to 6/12 Tabled (2)
IV Ross Financial Advisory Bd. Reg 3 yr term to 6/13 Tabled (2)
I Orlove Financial Advisory Bd. Alt 1 yr term to 6/12
II McCray Financial Advisory Bd. Alt 1 yr term to 6/12
II McCray Financial Advisory Bd. Reg 3 yr term to 6/14 Tabled (3)
Mayor Hay Financial Advisory Bd. Reg 3 yr term to 6/15 Tabled (2)
IV Ross Historic Resource Preservation Bd. Reg 3 yr term to 4/14
I Orlove Library Bd Alt 1 yr term to 12/12 Tabled (3)
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 (2)
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 Tabled (2)
III Holzman Recreation & Parks Bd Alt 1 yr term to 12/12 Tabled (2)
IV Ross Recreation & Parks Bd. Reg 3 yr term to 12/13
III Holzman Senior Advisory Board Reg 2 yr term to 12/12
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APPLICANTS ELIGIBLE FOR APPOINTMENT ON 6/19/12
Last Name First Name Eligibility
FINANCIAL
ADIVSORY
COMMITTEE
Grant Stephen Reg
HISTORIC
RESOURCES
PRESERVATION
BD.
Weiss Robert Reg
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6. A
CONSENT AGENDA
June 19, 2012
COBB
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June 19, 2012
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ONSENT GENDAEGAL
BP$100,000 FAI
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CCL
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ETTLEMENTS
RACC:
PROPOSED RESOLUTION NO. R12-048 -
EQUESTED CTION BY ITY OMMISSION
Assess the cost of nuisance abatement on properties within the City of Boynton Beach.
ER:
In accordance with the Municipal Lien Procedure on file in the City of Boynton
XPLANATION OF EQUEST
Beach, the attached list contains the addresses of properties cited by Code Compliance for nuisances abated by a
City-contracted vendor. Finance sent an invoice to each property owner. There was no response within the required
30-day period. Copies of the invoices were then forwarded to the City Clerk’s Office for continuation of the
procedure. The property owners were again issued a copy of the invoice and a letter which offered an opportunity to
pay the invoice within an additional 30-day period. The attached list contains the names of the property owners who
have still not responded to our correspondence.
At this point in the procedures, authorization is requested to record liens against these properties in the public
records of Palm Beach County within 30 days of adoption of the Resolution. Prior to sending the Resolution to the
County for recording, the City Clerk will send another letter to each property owner notifying them they have another
30 days to pay the invoice before the Resolution is sent for recording. An additional administrative fee of $30 will be
added to the assessment when the Resolution is sent to the County for recording.
Thirty days after the Resolution is recorded, the property owners will receive, by certified mail, a copy of the
Resolution and another letter stating the unpaid balance will accrue interest at a rate of 8% per annum.
H?
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
FI:
This process allows us to place liens on the properties in order to reimburse the City for the
ISCAL MPACT
services that were provided when the nuisances were abated.
A:
The alternative would be to not place liens on the properties and not collect for the service
LTERNATIVES
provided.
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RESOLUTION NO. R12-
A RESOLUTION OF THE CITY OF BOYNTON
BEACH, FLORIDA ASSESSING THE COSTS OF
ABATEMENT OF CERTAIN NUISANCES AGAINST
THE OWNERS OF THE PROPERTIES INVOLVED;
AND PROVIDING AN EFFECTIVE DATE.
WHEREAS
, a contract vendor was requested by Code Compliance to mow the lots of
the properties described in Exhibit “A”; and
WHEREAS
, the owners of the parcel(s) of property hereinafter described were invoiced
by the Finance Department in an effort to recoup these costs with no response; and
WHEREAS,
said nuisance was not abated as required; and,
WHEREAS
, all of the property owners listed in the attached Exhibit “A” were sent
letters offering them an opportunity to remit within 30 days in order to avoid incurring a lien on
their property; and
WHEREAS
, the City Manager or his authorized representative has made a report of
costs actually incurred by the City and abatement of said nuisance as to the property(s) involved,
which is described in Exhibit “A” attached to this Resolution; and
WHEREAS,
upon passage of this Resolution, the property owners will be furnished with
a copy of this Resolution, and given one more opportunity to remit all costs associated with the
abatement in full within 30 days of the passage of the Resolution, before transmittal to the
County for recordation of Liens; and
Now, therefore, be it resolved by the city commission of the city of boynton beach,
Florida as follows:
Section 1: Each Whereas clause set forth above is true and correct and incorporated
herein by this reference.
Section 2: The amount of costs incurred by the City and the abatement of the above-
described nuisance as to the parcels of land, owned and indicated to wit:
SEE ATTACHED COMPOSITE EXHIBIT “A”
Subject amount is hereby assessed as liens against said parcels of land as
indicated, plus an additional administrative charge of $30.00 for each Lien. Liens
shall be of equal dignity with the taxes there from for the year 2012, and shall be
enforced and collected in like manner pursuant to applicable provisions of law. In
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the event collection proceedings are necessary, the property owner shall pay all
costs of the proceedings, including reasonable attorneys fees.
Section 3. This Resolution shall become effective immediately upon passage.
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}
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6. B
CONSENT AGENDA
June 19, 2012
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD:
June 19, 2012
OMMISSION EETING ATE
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PENINGSUBLIC EARING
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A/P UB
NNOUNCEMENTSRESENTATIONSNFINISHED USINESS
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ETTLEMENTS
RACC:
Accept the FY 2011-12 Budget Status Report of
EQUESTED CTION BY ITY OMMISSION
the General Fund & Utility Revenue Fund for the eight (8) month period ended May 31, 2012.
ER:
This report summarizes the estimated funding sources and
XPLANATION OF EQUEST
the adopted expenditure budgets for the City’s General Fund and Utility Revenue Fund
for the eight (8) month period ended May 31, 2012 (67% of the fiscal year). The analysis
compares -
Actual results for the current period to the annual budget and
Actual results for the same period of the prior year annual budget.
H?
The annual budget is what
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
provides and controls the resources for City programs and services.
FI:
The annual budget and results to date for the General Fund and the
ISCAL MPACT
Utility Revenue Fund follow.
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GENERAL FUND
FY 2011-12FY 2010-11FY 2012 vs. 2011
Annual Annual
Actual to DateActual to Date
BudgetActual
BudgetBudget
Amount%Amount%%%
Revenues & Transfers$ 65,142$ 51,27779%$ 68,551$ 52,836 77%-5%-3%
Expenditures$ (65,142)$ (44,868)69%$ (68,551)$ (46,310)68%-5%-3%
Excess (Deficit)$ -$ 6,409$ -$ 6,526
Revenues & Transfers (Exhibit A) –
Budgeted Funding Sources:
Property taxes and other revenues only provide funding
sources of $42.8 M or 66% of our total $65.1 M General Fund budget estimate for the
FY 2012. Transfers from other funds (non-revenues) provide $22.3 M or a large 34% of
the total funding sources to balance our $65.1 M General Fund budgeted expenditures.
These three major estimated funding sources are summarized as follows:
1. 35% - $ 22.5 M – Property taxes less Tax Increment Financing to the CRA
2. 31% - $ 20.3 M – All other revenues
3._34% - $ 22.3 M – Transfers from other funds & General Fund Balance
100% - $ 65.1 M – Total funding sources
The property tax rate for FY 2012 was increased from 6.7626 mills to 7.1941 mills; the
net property taxes of $26.3 M in FY 2012 represent a 3.2% increase in property tax
revenue or an increase of $.8 M from FY 2011.
To balance the budget in FY 2012, it required transfers from other funds of $22.2 M and
an appropriation of the General Fund undesignated fund balance of $110,000
representing a total of $22.3 M or 34% of all funding sources.
Actual Funding Sources Realized:
Revenues and transfers realized are $51.2 M or
79% of the budget estimate compared to $52.8 M or 77% realized to date in FY 2011.
Ad Valorem Taxes, net of discounts: $21.3 M (95% of the budget estimate) have been
received to date versus $20.7 M (94% of the budget estimate) for FY 2011.
Other Revenues: The four major revenue sources other than property taxes are:
1. Franchise Fees with $2.8 M or 64% actually collected in FY 2012 compared to
$2.8 M or 58% in FY 2011. The percent increase is due to reduced revenue
estimates from $5.0 M in FY 2011 to $4.5 M in FY 2012.
2. Business Taxes & Building Permits Business taxes and building permits in total
appear that we will realize our total estimated revenues.
a. Business taxes are due at the beginning of our fiscal year. It appears that
we will fall short of our annual estimate by approximately $200,000. It
remains to be seen if all business taxes will be realized.
b. Building permits of $1.4 million have already exceeded our annual
estimate of $1.1 million and have exceeded year-to-date compared to the
$0.9 million in FY 2011. At this rate, we should make up the $200,000
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shortfall of business taxes before the fiscal year is complete.
3. State Shared Revenues of $4.3 M or 67% collected in FY 2012 which is ahead of
FY 2011 in dollars collected, but behind the 71% of the total budget estimate for
FY 2011. The amount budgeted this year reflects the State’s estimate. However,
it remains to be seen if all State shared revenues will be collected.
4. Public Safety revenues realized this year are $3.0 M compared to $2.8 M in FY
2011.
Transfers From Other Funds: Current practice is to transfer 1/12 of the budgeted
transfers from other funds each month. This will result in 100% realization of this
funding source for the year.
Expenditures (Exhibit B)
Budgeted Expenditures:
Overall, budgeted expenditures decreased approximately 5%
from $68.5 M in FY 2011 to $65.1 M this year. The decrease impacted many
departments with the larger decreases coming from Police, Building and Development
departments, and Parks Maintenance.
Actual Expenditures –
Expenditures for the fiscal year to date are $44.8 M that is 69%
of the $65.1 M expenditure appropriation for FY 2012.
(a) With the expenditures at $44.8 M, we are $1.5 M under last fiscal year
spending levels of $46.3 M for this same period.
(b) The two largest departments, Police and Fire account for the majority of
actual expenditures to date on Exhibit B:
Budget @ 67% Expended Difference Pension
Police - $22.7 M - $15.2 M $16.8 M (74%) $1.6 M $2.2 M
Fire - $18.6 M - $12.4 M $13.0 M (70%) $0.6 M $1.9 M
(c) The Pension line item is the major item of their budget overage to date. This
is primarily due to the one-time payment for the City’s pension obligations at
the beginning of the fiscal year in order to save significant ($1.0 M) pension
costs as opposed to previous years where the City made monthly payments.
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UTILITY REVENUE FUND
FY 2011-12FY 2010-11
FY 2012 vs. 2011
Actual to DateActual to Date
Annual Annual
BudgetActual
BudgetBudget
%%
Amount%Amount%
Revenues$ 39,077$ 25,88766%$ 36,309$ 25,77171%8%0%
Revenue Fund Increase$ (6,860)$ (4,574)67%$ (4,342)$ (2,895)67%58%58%
Net Revenues$ 32,217$ 21,31366%$ 31,967$ 22,87672%1%-7%
Expenditures$ (32,217)$ (20,919)65%$ (31,967)$ (21,154)66%1%-1%
Operational Variance$ -$ 394$ -$ 1,722
With the approval of the Capital Improvement Plan (CIP) in FY 2010-11 and the bond
issue of $45.895 million, the Commission approved necessary rate increases to partially
fund and maintain the Utility’s Repair & Maintenance Capital Fund in addition to bond
financing. As a result, there are the planned Revenue Fund increases in its Operational
Plan in order to meet our CIP needs and to fund our increased debt service
requirements. These factors should provide for adequate bond debt service coverage.
Operational Forecast -
The budgeted operational forecast of the Utility Revenue Fund
estimates an excess of revenues over expenditures of $6.8 M for the year resulting in a
fund balance increase (excess of revenues over expenditures) before added debt
service and transfers to the Repair & Maintenance Capital Improvement Fund.
To date this year, we are slightly ahead of our plan by $394 K versus last year’s amount
of $1,722 K. See the comment under Expenditures below related to pension payments
that accounts for the variance.
Revenues (Exhibit C) –
Actual revenues to date of $25.8 M and the planned fund
balance increase of $4.5 M vary slightly in FY 2012 compared to the $25.7M to date in
FY 2011, because of two factors:
Water Sales - $11.9 M equivalent to 65% of the annual estimate, compared to
$12.0 M (71%) at this point in FY 2011.
Sewer Service - $10.9 M equivalent to 66% of the annual estimate, compared to
$10.7 M (69%) at this point in FY 2011.
Expenditures (Exhibit D)
– The FY 2012 annual expenditure budget of $32.2 M
represents a $0.3 M (1%) increase from the FY 2011 budget of $31.9 M
Expenditures to date are $20.9 M or 65% of the annual appropriation compared to
similar expenditures for the prior fiscal year. Similar to the General Fund, we are ahead
of last year’s spending levels due to the one-time payment for the City’s pension
obligations at the beginning of the fiscal year in order to save significant pension costs
as opposed to previous years where the City made monthly payments.
A:
Discuss this Budget Status Report or request clarification at the City
LTERNATIVES
Commission meeting.
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6. C
CONSENT AGENDA
June 19, 2012
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD:
June 19, 2012
OMMISSION EETING ATE
O PH
PENINGSUBLIC EARING
O CM’R
THERITY ANAGERS EPORT
A/P UB
NNOUNCEMENTSRESENTATIONSNFINISHED USINESS
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BP$100,000 FAI
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ODE OMPLIANCE AND EGAL
S
ETTLEMENTS
RACC:
PROPOSED RESOLUTION NO. R12-049 -
EQUESTED CTION BY ITY OMMISSION
Approve and authorize the Interim City Manager to enter into an agreement for consulting
services between the City and Delores Schlesselman to provide analysis and scoring services
for the Commercial Interior Build-Out Grant and Commercial Rent Subsidy Grant
ER:
At the April 17, 2012 meeting, City Commission approved a
XPLANATION OF EQUEST
pilot grant project offering two grant programs modeled from existing CRA programs
The CRA currently utilizes the services of a third-party consultant to review and score
the applications. Ms. Schlesselman has provided the City with a similar contract, at the
rate of $20 per hour, on an as needed basis when grant applications are submitted.
H?
Utilizing the same consultant
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
retained by the CRA will allow consistency in review and scoring of applications
Citywide. This contract will further the implementation of Economic Development
Initiative # 46.
FI:
Approximately $700 if all eight grants are applied for in this fiscal year.
ISCAL MPACT
No grant applications have been received to date. Funding will be taken from account
001-2411-524.49-17 as needed.
A:
Request that staff obtain additional quotes for similar services.
LTERNATIVES
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RESOLUTION NO. R12-
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
BOYNTON BEACH, FLORIDA, APPROVING A SMALL BUSINESS
ANALYST AGREEMENT BETWEEN THE CITY OF BOYNTON
BEACH AND DELORES SCHLESSELMAN ON AN AS NEEDED
BASIS TO PROVIDE ANALYSIS AND SCORING SERVICES FOR
THE COMMERCIAL INTERIOR BUILD-OUT GRANT AND
COMMERCIAL RENT SUBSIDY GRANT; AUTHORIZING THE
INTERIM CITY MANAGER TO EXECUTE THE AGREEMENT AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS,
at the April 17, 2012 meeting the City Commission approved a pilot grant
project offering two grant programs modeled from existing CRA programs; and
WHEREAS
, the CRA currently uses the services of a third-party consultant to review
and score the applications for the grant programs; and
WHEREAS,
upon recommendation of staff, the City Commission has determined that it
is in the best interests of the residents of the City to enter into a Small Business Analyst
Agreement between the City of Boynton Beach and Delores Schlesselman on an as needed basis
to provide analysis and scoring services for the Commercial Interior Build-out Grant and
Commercial Rent Subsidy Grant.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as being
true and correct and are hereby made a specific part of this Resolution upon adoption hereof.
Section 2. The City Commission hereby approves a Small Business Analyst
Agreement between the City of Boynton Beach and Delores Schlesselman on an as needed basis
to provide analysis and scoring services for the Commercial Interior Build-Out Grant and
Commercial Rent Subsidy Grant.
Section 3. Authorizing the Interim City Manager to execute the Small Business
Analyst Agreement, a copy of the Agreement is attached hereto as “Exhibit A.”
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Section 4. This Resolution shall become effective immediately upon passage.
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
_______________________________
Commissioner – Marlene Ross
ATTEST:
_________________________
Janet M. Prainito, MMC
City Clerk
(Corporate Seal)
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6. D
CONSENT AGENDA
June 19, 2012
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD:
June 19, 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
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ONSENT GENDAEGAL
BP$100,000 FAI
IDS AND URCHASES OVER UTURE GENDA TEMS
CCL
ODE OMPLIANCE AND EGAL
S
ETTLEMENTS
RACC:
PROPOSED RESOLUTION NO. R12-050 -
EQUESTED CTION BY ITY OMMISSION
Approve and authorize signing of an Agreement for Water Service outside the City Limits with
Jonathan Grosso for the property at 1170 Highland Rd, Lantana, 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 Miner Rd
between N Seacrest Blvd and Federal Highway.
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 Palm Beach
County. 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.
FI:
Customers outside the City limits pay an additional 25% surcharge
ISCAL MPACT
above the water rates charged to customers within the City.
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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”.
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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 JONATHAN W. GROSSO; PROVIDING AN
EFFECTIVE DATE.
WHEREAS,
the subject property is located outside of the City limits, but within our
water and sewer service area, at 1170 Highland Road, Lantana, Florida (PCN: 00-43-45-09-08-
000-0980); and
WHEREAS
, the parcel covered by this agreement includes a single-family home 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
Jonathan W. Grosso, a copy of said Agreement is attached hereto as Exhibit "A".
Section 3. This Resolution shall become effective immediately upon passage.
PASSED AND ADOPTED this _____ day of June, 2012.
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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)
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6. E
CONSENT AGENDA
June 19, 2012
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD:
June 19, 2012
OMMISSION EETING ATE
O PH
PENINGSUBLIC EARING
O CM’R
THERITY ANAGERS EPORT
A/P UB
NNOUNCEMENTSRESENTATIONSNFINISHED USINESS
NO
ATURE F
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AI
GENDA TEM
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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
special meeting held on June 2, 2012 and the regular meeting held on June 5, 2012.
The City Commission met on June 2, 2012 and June 5, 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
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6. F
CONSENT AGENDA
June 19, 2012
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD:
June 19, 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 recommendations of the Community
EQUESTED CTION BY ITY OMMISSION
Development Block Grant review committee for funding activities in preparation of the City of
Boynton Beach's Five Year Consolidated/One Year Action Plan for FY 2012/2013. The
anticipated Community Development Block Grant allocation is $440,824. Previous years funding
in the amount of $125,000 will be re-appropriated to complete this budget.
ER: The City of Boynton Beach is in its sixteenth year as an entitlement
XPLANATION OF EQUEST
community for receiving Federal Grant funds. The One Year Action Plan, as a part of the Five Year
Consolidated Plan, is being developed with activities listed that show how the use of these funds will
address the needs of the Community.
Entitlement community status, as determined by the Secretary of the Department of Housing and
Urban Development, is one “whereby a Metropolitan City is guaranteed, as determined by formula
set forth by the Housing and Community Development Act of 1974, certain sums of money to assist
states, counties, cities, and towns in devising innovative approaches to improve the physical,
economic, and social conditions in low-income areas”.
City activities that are taken on by a municipality must meet three (3) national objectives:
1. Benefit low and moderate-income persons
2. Address slum and blight
3. Meet a particular urgent community development need
The following is a list of types of eligible activities:
Property acquisition and disposition
Clearance and demolition
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Interim assistance to arrest severe deterioration or alleviate emergency conditions – e.g.,
hurricane, earthquakes, flooding
Completion of urban renewal projects
Relocation assistance
Loss of rental income (related to relocations)
Code Enforcement
Construction of New Housing
Housing Rehabilitation
Public Facilities and Improvements
Public Services
Removal of Architectural Barriers
Homeownership assistance (e.g., down payment assistance, interest subsidies)
Technical assistance to public or non-profit entities to increase the capacity of such entities
to carry out eligible neighborhood revitalization or economic development activities
Provision of assistance to profit motivated businesses to carry out economic development
and job creation/retention activities
Lead-based paint testing and abatement
Public Facilities and Improvements
Acquisition, installation, construction and rehabilitation of infrastructure (e.g., water/sewer
lines, streets and sidewalks)
Acquisition, construction or rehab of neighborhood facilities and facilities for persons with
special needs (e.g., homeless shelters, group homes and halfway houses)
Public Services
Job training and employment services
Health care and substance abuse services
Child care
Crime prevention
Fair housing counseling
Proposals were received as a result of public advertisement and letters sent out to various churches
in the community, with a workshop held for the purpose of explaining the program, eligibility
requirements, and public input. Using both City staff and representatives of the community, the
following represents the committee members that reviewed the applications:
Beverly Agee - Attorney
Tim Howard - Deputy Director of Financial Services
Hanna Matras - Economic Planner
Kathleen Perry - Retired PBC School Principal
H? As described above, the Community
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
Development Block Grant (CDBG) Program’s purpose is to help the City of Boynton Beach meet the
needs of its lower income residents by offering a wide range of Community Development activities.
To this end, four (4) proposals were received and evaluated by the committee, and the results are as
follows:
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Aid to Victims of Domestic Abuse, Inc. – To provide funding for one-half of the salary and benefits
of an Intervention Specialist to work with children affected by domestic abuse to help them overcome
their fears and learn how to live in safety. The Intervention Specialist will conduct presentations in
schools designed to prevent domestic violence with a program that produces positive, measureable
results, and will provide individual and group counseling to children as needed.
*Funding Request $20,000 Committee Recommendation $15,000
(*Public Service)
Boynton Beach Faith-Based Community Development Corporation – The Boynton Beach Faith-
Based CDC is a state recognized Community Housing Development Organization (CHODO). The
agency proposes to continue to provide ongoing support to the community and the City of Boynton
Beach by facilitating the intake process for the affordable housing programs, as well as other
ongoing community development initiatives. They are also a Community Based Development
Organization (CBDO) which offers the City more flexibility in achieving its Community Development
Objectives.
Funding Request $134,121 Committee Recommendation $70,000
Community Caring Center of Boynton Beach – The agency requests funding to provide for
staffing costs and other administrative cost related to the program, i.e. utilities, mortgage assistance,
insurance and accounting services. Agency provides mortgage, rent, and utility payment assistance,
food and food vouchers, medication purchase assistance, and direct emergency social services to
seniors, to name just a few of their numerous programs.
*Funding Request $40,000 Committee Recommendation $38,000
(*Public Service)
Community Caring Center dba “Ocean Avenue Green Market” – The Community Caring Center
is facilitating a not-for-profit cooperative/incubator/grocery store. The program includes creating
awareness and educating the public by involving the faith community and creating a business
incubator focusing on entrepreneurs whose businesses are related to the food industry.
Funding Request $25,000 Committee Recommendation $20,000
(Economic Development)
City of Boynton Beach Recreation Department – Provides summer camp scholarships to low
income students eligible for free and reduced lunches.
Committee Recommendations $13,123 (*Public Service)
Summary:
Sub-grantee funding.................................................................................................................. $143,000
City of Boynton Beach Recreation Department .......................................................................... $13,123
Planning & Grant Administration ................................................................................................. $88,164
Housing Rehabilitation & Delivery ............................................................................................ $196,537
Economic Development ……………………………………………………………………………..$125,000
TOTAL ...................................................................................................................................... $565,824
[*Public Service funding = $66,123]
FI:
The City of Boynton Beach’s CDBG allocation for FY 2012/2013 is $440,824,
ISCAL MPACT
which is an approximate eight percent (8%) decrease from FY 2011/2012. Twenty percent or
$88,164 will be used for the administration of the CDBG program. Fifteen percent or $66,123 of the
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funds will be used to provide public services to the residents of the City of Boynton Beach. $125,000
will be reprogrammed from previous year’s allocation.
A:
The City of Boynton Beach would have to use General Fund dollars, or
LTERNATIVES
discontinue is revitalization efforts.
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6. G
CONSENT AGENDA
June 19, 2012
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD:
June 19, 2012
OMMISSION EETING ATE
O PH
PENINGSUBLIC EARING
O CM’R
THERITY ANAGERS EPORT
A/P UB
NNOUNCEMENTSRESENTATIONSNFINISHED USINESS
NO
ATURE F
A NB
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AI
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ONSENT GENDAEGAL
BP$100,000 FAI
IDS AND URCHASES OVER UTURE GENDA TEMS
CCL
ODE OMPLIANCE AND EGAL
S
ETTLEMENTS
RACC:
Accept the written report to the Commission for
EQUESTED CTION BY ITY OMMISSION
purchases over $10,000 for the month of May 2012.
ER:
Per Ordinance No.01-66, Chapter 2, Section 2-56.1
XPLANATION OF EQUEST
Exceptions to competitive bidding, Paragraph b, which states: “Further, the City
Manager, or in the City Manager’s absence, the Acting City Manager is authorized to
execute a Purchase Order on behalf of the City for such purchases under the $25,000
bid threshold for personal property, commodities, and services, or $75,000 for
construction. The City Manager shall file a written report with the City Commission at
the second Commission meeting of each month listing the purchase orders approved by
the City Manager, or Acting City Manager. Below is a list of the purchases for May
2012:
Purchase Order Vendor Amount
120752 Dell Marketing LP $ 21,526.20
120758 Atlantic Icon Corp. $ 12,375.12
120759 Metro-Dade K-9 Services $ 10,500.00
120781 Trane $ 17,344.00
120788 Natal Air Conditioning $ 10,409.00
120796 Siemens $ 24,936.00
120801 Roy Khanna $ 16,109.76
120804 Uretek ICR, LCC $ 13,310.00
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H?
Ordinance No.01-66, Chapter 2,
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
Section 2-56.1 assists departments in timely procurement of commodities, services, and
personal property. Administrative controls are in place with the development of a
special processing form titled “Request for Purchases over $10,000” and each purchase
request is reviewed and approved by the Department Director, Purchasing Agent, and
City Manager.
FI:
This Ordinance provides the impact of reducing paperwork by
ISCAL MPACT
streamlining processes within the organization. This allows administration to maintain
internal controls for these purchases, reduce the administrative overhead of processing
for approval, and allow for making more timely purchases.
A:
None
LTERNATIVES
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6. H
CONSENT AGENDA
June 19, 2012
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD:
June 19, 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 second quarterly status report of the
EQUESTED CTION BY ITY OMMISSION
st
City of Boynton Beach Economic Development Program Implementation for the 1 quarter 2012.
ER:
The City Commission acceptance of the Economic
XPLANATION OF EQUEST
Development Program at the October 18, 2011 meeting authorized staff to begin
implementation of the Economic Development Initiatives & Implementation Plan
(EDIIP). The (EDIIP) serves as the work plan for the City based Economic
Development team.
H?
The City will continue to
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
demonstrate its commitment and partnership in the efforts to achieve economic stability
and growth for both its resident and business communities. Through continued
development of programs, streamlining of governmental processes, cooperative
partnerships, and identification of viable incentives, the City will be positioned to attract
and retain both residents and businesses.
FI:
Initiatives accomplished continue to focus on those that could be
ISCAL MPACT
accomplished through policy changes and staff time.
A:
Not to accept the report.
LTERNATIVES
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City of Boynton Beach
Economic Development Program
Quarterly Report
For the period:
January – March, 2012
Presented to City Commission on June 19, 2012
At the October 18, 2011 City Commission meeting, the Mayor and City Commissioners
unanimously agreed to accept the recommendations of the Economic Development Program
along with the Economic Development Initiatives and Implementation Plan (EDIIP). This
approval directed City staff to begin/continue work on the implementation initiatives.
As requested, internal initiatives that can be implemented by City staff have been moving
forward, and all initiatives that would have fiscal and/or economic impact to the city and
community are being brought before the Commission for policy direction. This is the first of a
regular cycle of quarterly reports that will be brought back for City Commission review of
progress and discussion for adjustment in priorities. It is staff’s desire to inform and educate,
give status reports and answer questions, and receive direction from the Commission.
Please accept this quarterly report for the period of January 1, 2012 through March 31, 2012.
City staff will provide additional detail at the request of the City Commission.
Completed initiatives are indicated in grey. Active items accomplished or underway during the
reporting period are highlighted in yellow. Notes or an adjustment to the projected timeline or
cost is indicated in blue. Please note that the integrity of the original numbering system from the
approved EDIIP has been maintained to assist in associating the various initiatives with
Commission Agenda item references.
ECONOMIC DEVELOPMENT INITIATIVES & IMPLEMENTION PLAN
Timeline Key for initiatives/action items:
(E) Existing (already implemented or underway)
(SShort-term: (0-2 years)
)
(M)Medium-term (3-7 years)
(L)Long-term (8 yrs +)
Completed or In progress
1. Utilities- delayed payment of capital Facilities (E)
charges/incremental payment plans
2. Green Building Program – Phase I (E)
3. Expedited Permitting (Ord. 09-049) (E)
4. Telephone automated and on line inspection and permit status (E)
5. LDR re-write (E)
6. “Host & Boast” events – USGBC/ICC - June 2011; Gold Coast (E)
Builders - September 2011; “Sustainable You” Conference -
October 2011
7. Establishment of a separate conditional use process for (E)
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business approvals: a shorter process, less costly to
applicants who seek use change within an existing
development.
8. Significantly more proactive initiation of code amendments (E)
geared at accommodation of business needs – cooperative,
joint, and expeditious with city-wider scope.
9. Enhanced streetscapes – Seacrest Blvd; 4 th Ave; Federal Hwy (E)
ZONING DISTRICTS USE REVIEW
(E)
10.
Review zoning districts for expanded use potential/increased
NOI study
flexibility:
underway
a.
Adapt to matrix for consistency
b.
Evaluate C4/M1 use provisions
i. Expand C-4 district to include heavy commercial/light
industrial uses
ii. Accommodate market trends
iii.
Consider model districts/ordinances (such as “The Light
Industrial Land Use Toolkit” by IPARC’s Industrial Land Study
Subcommittee)
(E)
11.
Use approval lists for Planned Industrial Districts (PIDs):
NOI study
a. Administrative process for amending or interpreting
underway
i. Review use compatibility interpretation guides in other
communities
b.
Amend lists expanding uses to avoid/minimize amendments
c.
Amend to coincide with new zoning matrix
ZONING MAP REVIEW
(E)
12.
Evaluation of Zoning Map for economic diversity/value added
NOI in place to
a.
Comparison overlay of City to County zoning districts for BDB
conduct study
marketing
b.
Not-for-profit use provisions
c.
City-wide evaluation of sites for potential rezoning to
commercial or industrial uses
(E)
13.
Introduction of a policy guiding land use/rezoning decisions (ED
NOI in place to
plan and Comprehensive Plan amendment):
conduct study
a.
Area-or parcel-specific
b.
Land use designation-specific
INTERIM RELIEF PROVISIONS
(E)
15. Potential targets for interim relief provisions in economic
Workforce
recession
Housing
a. Identification – Workforce Housing; Recreation Impact Fees;
temporary
Art-in-Public Places; Utilities reservation and capital facilities
suspension, Ord.
fees; Planning & Zoning fees; Building fees; County Impact
11-031
fees; Engineering fees
Recreation Fee
b. Implementation through ordinance changes - Temporary
adjustment Ord
suspension; fee reductions; payment options; waivers; rebates
11-032
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DEVELOPMENT PROCESS REVIEW AND ENHANCEMENT
(E)
16.
Adopt operational goals/objectives to guide all in furthering the
economic initiatives.
a.
Through the Planning Department pre-application process,
identify early project needs, hurdles, etc and proactively seek
info and necessary solutions
b.
Team based liaison service, to include interface with outside
agencies on prospective business’ behalf
(E)
17.
Review processes for improvements
Staff is in the
a.
Create an expeditious, streamlined process for
process of
expired/previously reviewed projects
reviewing
b.
Continue automation efforts to increase speed and accuracy of
software and
communications related to applications, reviews and
obtaining quotes
completions.
for
c.
Expand options for administrative review to expedite
enhancements.
development and reduce costs due to time delays
Universal
d.
Continue efforts with the County to develop unified application
Building
and review processes for building related activity
Application was
activated
12/1/2011
Additional Business Services
(E)
19.
Establish a procedure in Business Tax for identifying and tracking
Monthly/Quarterly
new and existing businesses for follow up by the Economic
reports
Development Director’s office to offer retention/expansion services.
distributed to
CRA and BB
Chamber
(E)
21.
Web based Business Tax information in GIS format, updated
Map is available
quarterly
on Web, updated
daily
(E)
24.
Projects in permitting >$100K in value – monthly report
Report created &
distributed
monthly
Cooperation, Communication, Education and Marketing
(S)
33.
Implement Branding Program
2/7/2012
a. Host a major kickoff event
Branding Promise
b. Partner with County Visitors Bureau efforts to maximize
to Commission
“Breeze into Boynton” campaign with City’s branding efforts
(E)
34.
Establish/maintain network with related agencies re business
City staff
retention, growth, additional incentives, etc. (PBC EDO; BDB; CVB)
regularly
attending BDB &
GBB Chamber
meetings;
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ongoing
communications
with PBC EDO
Other Initiatives and Incentives
(S)
39.
Establish an Economic Development Team consisting of City, CRA
and Chamber staff with designated Team Liaisons within each
organization
(S) $
46.
Research best practices related to monetary & other incentives
(assuring results oriented payback and best ROI)
Staff will be
bringing
j. Grant opportunities
recommendations
k. Planning and professional design fee rebates
to adopt grants in
April 2012
(S)
50.
Explore the reprogramming of future CDBG allocations toward
Research
Economic Development
underway;
recommendations
to Commission in
June
Land Development Regulations and Zoning
INTERIM RELIEF PROVISIONS
14. (S)
Revise Code of Ordinances, Chapter 8, to clarify target
businesses and specify incentives
DEVELOPMENT PROCESS REVIEW AND ENHANCEMENT
(L)
18.
Add Economic Development Plan (when completed) as an element
to the Comp Plan
Additional Business Services
(S)
20.
Development ATLAS update
(S)
22.
Business Tax statistical information – historic trends with annual
review
(S)
23.
Enhanced Permitting services – On-line digital submittal and
$
comment reply.
(M)
25.
Projects in permitting >$100K in value – monthly report – GIS
Format
(M)
26.
Customized small scale market research for applicants
$
(M)
27.
Inventory/maintain vacant land and leasing space availability
(M)
28.
Establish documents explaining effects of new laws on processes
and applications
(M)
29.
Development process flow-charts, facts sheets, and cost schedule
for distribution
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(M)/ (L)
30.
Business Tax fee structure analysis (requires State legislative
$
change)
(M)/ (L)
31.
Integration and codification of Sustainability initiatives that offer
$
economic incentives, such as credit for on-site water processes that
avert the necessity for increased capacity/capital facility costs
Cooperation, Communication, Education and Marketing
(S)/ (M)
32.
Develop a comprehensive Economic Development Plan, including
goals and objectives fro the City, Boynton Beach CRA and Greater
Boynton Beach Chamber of Commerce
(S)
35.
Host a major stakeholder event to introduce the plan and gather
data via survey to support Target Business analysis
Suggested stakeholder list:
a.
Community Redevelopment Agency
b.
Chamber of Commerce
c.
Business Development Board
d.
Convention and Visitors Bureau
e.
Agency for Workforce Innovation
f.
Educational institutions: PBSC, FAU, Florida Career College
g.
Real estate boards and associations
(Realtors Association of the
Palm Beaches)
h.
Large real estate commercial brokerage firms
(CBRE, Cushman
& Wakefield etc)
i.
Local developers/agents/land use lawyers
j.
Large landowners/employers for regular and early identification
of issues
(BB Mall, Bethesda, Compson, Winchester property,
Quantum vacant parcel etc.)
k.
Other local/county governments for feedback on program
success
l.
Community Relations Board
m.
COBWRA
n.
Greater Boynton Beach Foundation
o.
Palm beach County Cultural Council
p.
United Way
q.
Banks/Financial Institutions
r.
Business Development Firms
(i.e. Paul Skyers)
s.
Venture Capital – including minority/specialty financing
t.
Children’s Services Council
u.
Literacy Coalition
v.
WXEL
w.
School Board (Zyscovich?)
x.
Neighborhood Associations
y.
Non-Chamber affiliated businesses to include minority and
small scale
z.
International/global business connection (needs to be identified)
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aa.
Small Business Administration
bb.
Urban League
cc.
TED Center
(S)
36.
Coordinate job training resources and opportunities through
Workforce Development, local education institutions and HUD
(S)
37.
Create an Economic Development Webpage
Sample site: http://www.rockymountnc.gov/econdev.html )
a.
Feature active marketing of previously approved/vacant/for sale
properties:, such as:
Arches
Location: Ocean Ave/US1, Acreage: 4.69; Opportunity:
Mixed Use: previously approved for 55,164 square feet
of commercial/378 residential units
Casa del Mar Yacht Club
Location: 2632 N. Federal Hwy; Acreage: 4.11;
Opportunity: marina and yacht club, approved for 320
dry/35 wet slips, 75,013 sq ft of building area.
Bank of America
Location: 114 N. Federal Hwy; Acreage: 3.0;
Opportunity: High density mixed use; current use:
branch bank
Winchester property
Location: Knuth Rd/Boynton Beach Blvd; Acreage: 13;
Opportunity: commercial (Planned Commercial District);
current use: vacant
(S)
38.
Develop a youth connection
$
a.
Use social media outreach
b.
Integrate marketing message into an attractor event such as the
International Kinetic Art Exhibit and Symposium
c.
Through educational outreach in cooperation with local schools,
area Universities & Colleges
Other Initiatives and Incentives
(S)
40.
Hire an Economic Director/Program Coordinator
$
(M)
41.
Establish an independent Economic Development Office funded by
$
partnership with Boynton Beach CRA and Chamber of Commerce
(S)
42.
Establish a PACE funding mechanism to assist Business and multi-
$
family developments in funding energy upgrades in partnership with
the Chamber of Commerce
(M)
43.
Expand PACE into residential marketplace should favorable Federal
$
legislation be enacted
(M)
44.
Annexation: ISBA program (If County continues program)
$
(S)
45.
Formalize and expand the “Host & Boast” (Gateway Ambassadors?)
program through the creation of standardized marketing points
(S)
46.
Research best practices related to monetary & other incentives
(assuring results oriented payback and best ROI)
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a.
Partner with County EDO through Interlocal Agreement to
utilize software to analyze economic impact of prospective
businesses and site development
Explore potential to utilize:
b.
New Market Tax Credits
c.
EDA Title 9 Grants
d.
SBA 7 (a) Loan Program
e.
SBA 504 Loan Program
f.
CDBG Section 108 Loan Program
g.
Fee Waiver, reduction, rebates
h.
Tax Credits/incentives
i.
Revolving Loan Funds (public/private partnership)
j.
Grant opportunities
k.
Planning and professional design fee rebates
l.
Relaxed parking requirements
m.
Density bonuses
(S)
47.
Prepare a Business Marketing Packet, to include all available
$
County and City incentives, demographics, and quality of life
information
(S)
48.
Prepare a Business Recovery Plan to establish a Business
Recovery Center following emergency/disaster event.
(S)
49.
Approach Palm Beach County Economic Development Office about
$
interlocal agreement to share the Regional Economic Model
Software (REMI) for determining a projects economic impact to the
City
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6. I
CONSENT AGENDA
June 19, 2012
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD:
June 19, 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. 12-051 -
EQUESTED CTION BY ITY OMMISSION
Approve agreement with GovernmentJobs.com, Inc., d/b/a NeoGov for Applicant Tracking
Software and authorize Interim City Manager to sign agreement for a total cost of $11,000
ER:
The City has evaluated and received quotes from four
XPLANATION OF EQUEST
vendors of applicant tracking systems. Staff has identified NeoGov as responsive to our
existing needs, coupled with being the least expensive service option. While the
Human Resources department currently has a documented hiring process, it is limited
by the capabilities of the current applicant tracking software. Specifically, the following
limitations should be noted:
• Slow internal communication between departments about vacancies.
• Tedious manual requisition process and inability to track data by requisition.
• Extended time-to-hire and time-to-fill metrics.
• High volume of applications and resumes with no efficient way to review and
manage them.
• Inability to promptly access and report key data.
• Duplication of recruiting efforts within department.
• Excessive maintenance and support issues.
• Slow response time for resolutions on technical support issues.
• Ineffective tracking of EEO compliance data.
• Non-existent ADA compliance.
• Loss of qualified candidates.
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This not only affects business functions due to the poor allocation of staff hours, but it
also creates the potential for legal concerns, taints the City's reputation by straining
relationships with the public as many users find themselves in frustrating situations
when dealing with our current software application.
H?
After much research into different
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
ways to enhance the use of the current software, Human Resources recommends
entering into an agreement with a different software company. Human Resources
proposes to end the current agreement with SunGard Public Sector Inc. - KA module
and enter into an agreement with NEOGOV. The department is confident that
implementing this change will:
• Significantly improve relationships between hiring managers and Human
Resources.
• Streamline the requisition design and approval process.
• Improve the quality of individuals hired in the organization.
• Allow for the allocation of staff hours to other pressing demands in the
department.
• Offer a cost-effective hiring process.
’
• Improve the Citys image by restoring relationships with displeased members of
the public.
FI:
Funding is available in the Human Resources Department's FY 2011-
ISCAL MPACT
2012 budget for the purchase of this software as a service. If the Commission approves
the agreement with NeoGov, the City will be able to take advantage of the following
promotional savings offered until June 30, 2012:
20% off annual maintenance fees for life, meaning that our recurring annual cost
will be $8,500 instead of $10,800.
Additionally, our one-time training and implementation fees will be reduced by
50%, so that this one time cost will be $2,500 instead of $5,000.
A:
Do not enter into Agreement with NeoGov, and consider request for
LTERNATIVES
purchase of software during the upcoming FY 2012-2013 budget process with full
expenditures of $15,800 and recurring expenditures of $10,800 without benefit of
discount.
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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 GOVERNMENTJOBS.COM, INC.,
D/B/A NEOGOV FOR APPLICANT TRACKING
SOFTWARE; 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 GovernmentJobs.com, Inc., d/b/a NeoGov for Applicant Tracking
Software.
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 between the City of Boynton Beach and GovernmentJobs.com,
Inc., d/b/a NeoGov for Applicant Tracking Software.
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 June, 2012.
CITY OF BOYNTON BEACH, FLORIDA
______________________________
Mayor – Woodrow L. Hay
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______________________________
Vice Mayor – Mack McCray
______________________________
Commissioner – William Orlove
_______________________________
Commissioner – Steven Holzman
_______________________________
ATTEST: Commissioner – Marlene Ross
_________________________
Janet M. Prainito, MMC
City Clerk
(Corporate Seal)
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Service Agreement
THIS ON-LINE SERVICES AGREEMENT
(this “Agreement”) is made and entered into this
GovernmentJobs.com, Inc.
_________ day of ___________________, 2012, by and between , a
City of Boynton Beach, FL
California corporation (d/b/a “NEOGOV”), and the a public entity
acting by and through its duly appointed representative (“Customer”).
Provision of On-line Services
1. .
(a) Customer hereby engages NEOGOV, and NEOGOV hereby agrees (subject to the terms and
conditions set forth herein), to provide the services (the “Services”) more fully described in this
Agreement and in Exhibit A (Order Form). Customer hereby acknowledges and agrees that
NEOGOV’s provision and performance of the Services is dependent and conditioned upon
Customer’s full performance of its duties, obligations and responsibilities hereunder.
Additional NEOGOV Responsibilities
2. . In connection with the performance of this
Agreement, NEOGOV shall be responsible for the following:
(a) NEOGOV shall provide all required hosting and operations support for the applications
provided through this agreement.
(b) NEOGOV shall follow those support, maintenance and other procedures and shall provide
those support, maintenance and other services to Customer more fully described in this
Agreement.
Customer Responsibilities
3. . In connection with the performance of this Agreement and the
provision of the Services, Customer shall be responsible for the following:
(a) NEOGOV's logos, including the “powered by” logo, may appear on the “employment opportunities”, “job
description” and other pages of Customer's web site.
(b) Customer shall be responsible for ensuring that Customer’s use of the Services and the
performance of Customer’s other obligations hereunder comply with all laws applicable to
Customer.
(c) Customer shall be responsible, as between NEOGOV and Customer, for the accuracy and
completeness of all records and databases provided by Customer in connection with this
Agreement for use on NEOGOV’s system.
Ownership, Protection and Security
4. .
(a) The parties agree that the NEOGOV marks and the Customer marks shall both be displayed
on and through NEOGOV’s system(s).
(b) Ownership of any graphics, text, data or other information or content materials and all
records and databases supplied or furnished by Customer hereunder for incorporation into or
delivery through the application(s) described in this agreement shall remain with Customer, and
NEOGOV shall cease use of all such material upon termination of this Agreement.
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(c) Customer acknowledges and agrees that nothing in this Agreement or any other agreement
grants Customer any licenses or other rights with respect to NEOGOV’s software system (source
code or object code) other than the right to receive Services as expressly provided herein.
NEOGOV shall retain all ownership in the intellectual property and all other proprietary rights
and interests associated with NEOGOV’s software system and Services and all components
thereof and associated documentation, except as expressly provided herein.
(d) NEOGOV grants to Customer a limited license during the term of this Agreement to use and
reproduce NEOGOV's trademarks and logos for purposes of including such trademarks and
logos in advertising and publicity materials and links solely as permitted hereunder. All uses of
such trademarks and logos shall conform to Customer's standard guidelines and requirements for
use of such trademarks and logos.
NEOGOV Representations and Warranties
5. .
(a) Service Performance Warranty. NEOGOV warrants that it will perform the Services in a
manner consistent with industry standards reasonably applicable to the performance thereof.
(b) No Other Warranty. EXCEPT FOR THE EXPRESS WARRANTIES SET FORTH IN THIS
SECTION 5, THE SERVICES ARE PROVIDED ON AN “AS IS” BASIS, AND
CUSTOMER’S USE OF THE SERVICES IS AT ITS OWN RISK. NEOGOV DOES NOT
MAKE, AND HEREBY DISCLAIMS, ANY AND ALL OTHER EXPRESS AND/OR
IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT
AND TITLE, AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING,
USAGE, OR TRADE PRACTICE. NEOGOV DOES NOT WARRANT THAT THE
SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE.
(c) Disclaimer of Actions Caused by and/or Under the Control of Third Parties. NEOGOV
DOES NOT AND CANNOT CONTROL THE FLOW OF DATA TO OR FROM THE
NEOGOV SYSTEM AND OTHER PORTIONS OF THE INTERNET. SUCH FLOW
DEPENDS IN LARGE PART ON THE PERFORMANCE OF INTERNET SERVICES
PROVIDED OR CONTROLLED BY THIRD PARTIES. AT TIMES, ACTIONS OR
INACTIONS OF SUCH THIRD PARTIES CAN IMPAIR OR DISRUPT CUSTOMER’S
CONNECTIONS TO THE INTERNET (OR PORTIONS THEREOF). ALTHOUGH NEOGOV
WILL USE COMMERCIALLY REASONABLE EFFORTS TO TAKE ALL ACTIONS IT
DEEMS APPROPRIATE TO REMEDY AND AVOID SUCH EVENTS, NEOGOV CANNOT
GUARANTEE THAT SUCH EVENTS WILL NOT OCCUR. ACCORDINGLY, NEOGOV
DISCLAIMS ANY AND ALL LIABILITY RESULTING FROM OR RELATED TO SUCH
EVENTS.
Publicity
6. . Following execution of this Agreement, the parties hereto may issue a press
release, the form and substance of which shall be mutually agreeable to the parties, announcing
the relationship created by this Agreement. Except as expressly contemplated herein, neither
party shall issue any additional press release which mentions the other party or the transactions
contemplated by this Agreement without the prior consent of the other party, which consent shall
not be unreasonably withheld.
Nondisclosure
7. . Through exercise of each party’s rights under this Agreement, each party
may be exposed to the other party’s technical, financial, business, marketing, planning, and other
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information and data, in written, oral, electronic, magnetic, photographic and/or other forms,
including but not limited to (i) oral and written communications of one party with the officers
and staff of the other party which are marked or identified as confidential or secret or similarly
marked or identified and (ii) other communications which a reasonable person would recognize
from the surrounding facts and circumstances to be confidential or secret ("Confidential
Information") and trade secrets. In recognition of the other party’s need to protect its legitimate
business interests, each party hereby covenants and agrees that it shall regard and treat each item
of information or data constituting a trade secret or Confidential Information of the other party as
strictly confidential and wholly owned by such other party and that it will not, without the
express prior written consent of the other party or except as required by law including the Public
FLORIDA
Records Act of the State of , redistribute, market, publish, disclose or divulge to any
other person, firm or entity, or use or modify for use, directly or indirectly in any way for any
person or entity: (i) any of the other party’s Confidential Information during the term of this
Agreement and for a period of three (3) years after the termination of this Agreement or, if later,
from the last date Services (including any warranty work) are performed by the disclosing party
hereunder; and (ii) any of the other party’s trade secrets at any time during which such
information shall constitute a trade secret under applicable law.
Liability Limitations
8. .
(a) If promptly notified in writing of any action brought against Customer based on a claim that
NEOGOV’s Services infringe a United States patent, copyright or trademark right of a third
party (except to the extent such claim or infringement relates to any third party software
incorporated into NEOGOV’s applications), NEOGOV will defend such action at its expense
and will pay any and all fees, costs or damages that may be finally awarded in such action or any
settlement resulting from such action (provided that Customer shall permit NEOGOV to control
the defense of such action and shall not make any compromise, admission of liability or
settlement or take any other action impairing the defense of such claim without NEOGOV’s
prior written approval).
(b) Customer acknowledges and agrees: (i) that NEOGOV has no proprietary, financial, or other
interest in the goods or services that may be described in or offered through Customer’s web site;
and (ii) that except with respect to any material supplied by NEOGOV, Customer is solely
responsible (as between NEOGOV and Customer) for the content, quality, performance, and all
other aspects of the goods or services and the information or other content contained in or
provided through Customer’s web site.
OTHER THAN THOSE WARRANTIES EXPRESSLY SET FORTH IN THIS
(c)
AGREEMENT, NEOGOV DOES NOT MAKE ANY WARRANTIES TO CUSTOMER
OR ANY OTHER PERSON OR ENTITY, EITHER EXPRESS OR IMPLIED
(INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH
RESPECT TO THE SERVICES PROVIDED HEREUNDER. NEOGOV SHALL NOT BE
LIABLE TO CUSTOMER OR TO ANY OTHER PERSON OR ENTITY, UNDER ANY
CIRCUMSTANCE OR DUE TO ANY EVENT WHATSOEVER, FOR
CONSEQUENTIAL OR INDIRECT DAMAGES, INCLUDING, WITHOUT
LIMITATION, LOSS OF PROFIT, LOSS OF USE OR BUSINESS STOPPAGE.
(d) Under no circumstances shall NEOGOV’s total liability to Customer or any other person,
regardless of the nature of the claim or form of action (whether arising in contract, tort, strict
liability or otherwise), exceed the aggregate amount of fees and revenue received by NEOGOV
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hereunder for the prior twelve (12) month period; provided, however that the foregoing
limitations set forth in this Section 8(d) shall not apply to actions brought under 8(a) above or to
any injury to persons or damages to property arising out of NEOGOV’s gross negligence or
willful, gross misconduct.
Term and Termination
9..
(a) This Agreement shall commence as of the date hereof and remain in effect for twelve (12)
months unless terminated by either party as set forth herein (“Initial Term”).
(b) This Agreement may be renewed for additional terms (“Renewal Term”) equal in duration to
the Initial Term provided Customer notifies NEOGOV at least thirty (30) days prior to the end of the
Initial Term or a Renewal Term.
(c) NEOGOV reserves the right to terminate this Agreement immediately if the Services provided
hereunder become illegal or contrary to any applicable law, rule, regulation or public policy. Each
party shall have the right to terminate this Agreement upon sixty (60) days prior written notice to
the other party.
(d) Within sixty (60) days of notification of termination of this Agreement, NEOGOV shall
provide Customer with a dedicated data files suitable for importation into commercially available
database software (e.g., MS-Access or MS-SQL) The dedicated data files will be comprised of
Customer’s data contained in NEOGOV’s system. The structure of the relational database will
be specific to the Customer’s data and will not be representative of the proprietary NEOGOV
database.
Payments
10. .
(a) Initial Term. See Exhibit A (Order Form).
(b) Renewal Term(s). For each Renewal Term, NEOGOV will continue to provide Customer
with the Services, and will provide maintenance and support services as described herein,
provided Customer issues a purchase order or modification to this Agreement and pays
NEOGOV in advance the annual recurring charges then in effect. If there is an increase in
annual maintenance and support charges, NEOGOV shall give Customer written notice of such
increase at least thirty (30) days prior to the expiration of the applicable term.
Force Majeure
11. . NEOGOV shall not be liable for any damages, costs, expenses or other
consequences incurred by Customer or by any other person or entity as a result of delay in or
inability to deliver any Services due to circumstances or events beyond NEOGOV’s reasonable
control, including, without limitation: (i) acts of God; (ii) changes in or in the interpretation of
any law, rule, regulation or ordinance; (iii) strikes, lockouts or other labor problems; (iv)
transportation delays; (v) unavailability of supplies or materials; (vi) fire or explosion; (vii) riot,
military action or usurped power; or (viii) actions or failures to act on the part of a governmental
authority.
Piggyback Clause.
12. It is understood and agreed by Customer and NEOGOV that any
governmental entity may purchase the services specified herein in accordance with the prices,
terms, and conditions of this agreement. It is also understood and agreed that each local entity
will establish its own contract with NEOGOV, be invoiced therefrom and make its own
payments to NEOGOV in accordance with the terms of the contract established between the new
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governmental entity and NEOGOV. It is also hereby mutually understood and agreed that
Customer is not a legally bound party to any contractual agreement made between NEOGOV
and any entity other than Customer.
Miscellaneous
13. . Either party may not assign its rights or obligations under this Agreement
without the prior written consent of the other party. This Agreement may not be modified or
amended (and no rights hereunder may be waived) except through a written instrument signed by
the party to be bound. This Agreement constitutes the entire agreement between the parties with
respect to the subject matter hereof and shall be governed by and construed in accordance with
FLORIDA
the laws of the State of , without giving effect to conflict of law rules. Customer
acknowledges and agrees that this Agreement is not intended to be and shall not be construed to
be a franchise or business opportunity.
IN WITNESS WHEREOF
, the parties have caused this Agreement to be executed by their
respective duly authorized officers as of the date set forth above.
Customer
Signature:
Print Name:
Title:
GovernmentJobs.com, Inc.
, a California corporation
Signature:
Print Name: Scott Letourneau
Title: President
Date:
EXHIBIT A – ORDER FORM
Customer: Bill To:
Attention To: Juile Oldbury
Address: 100 E. Boynton Beach Blvd.
Boynton Beach, FL 33425
AGENCY NAME: City of Boynton Beach, FL Phone: (561) 742-6277
Email: oldburyj@bbfl.us
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Quote Date: Revision: 1
3/17/2015
Valid From:
3/17/2015
Order Number:
Valid To:
6/30/2012
Requested Service Initial Term: 12 Months
TBD
Date:
Order Summary
Annual Non-
Recurring Recurring
1
Line Description Cost Cost
1.0 Insight Enterprise Edition
Subscription License $10,800.00
1.1 $8,500.00
1.2 Provisioning $2,500.00
Training $2,500.00
1.3 WAIVED
$10,800.0
0 $5,000.00
Sub Total: $8,500.00 $2,500.00
$15,800.00
2
Order Total: $11,000.00
1
More detailed descriptions of the services are contained in the order detail for each service, which are
incorporated herein and made a part hereof by this reference.
2
th
Promotional pricing is applied to this agreement if it is signed, executed, and returned before June 30,
2012.
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Order Detail
1.0 Insight Enterprise Edition
1.1 License Subscription
The Customer’s subscription to the Insight Hiring Management Software includes the
following functionality:
Recruitment
Customized online job application
Accept job applications online
Online applications integration with current agency website
Online job announcements and descriptions
Automatic online job interest cards
Proactively search your applicant database
Real-time database of all applicant information
Recruitment and examination planning
Selection
Create, store, and reuse supplemental questions in the Insight item bank
Screen applicants automatically as they apply
Define unique scoring plans per recruitment, or copy existing scoring plans
Test Item bank (optional in TMS)
Conduct item analysis
Test processing (automatically input Scantron test data sheets)*
Test analysis and pass-point setting
Score, rank, and refer applicants
Applicant Tracking
Email and hardcopy notifications
EEO Data collection and reports
Track applicants by step/hurdle
Schedule written, oral, and other exams
Detailed applicant history record
Skills tracking and matching
Reporting and Analysis
Collect and report on EEO data
Analyze and report on adverse impact and applicant flow
Track and analyze data such as time-to-hire, recruitment costs, staff workload,
applicant quality, etc.
Over 80 standard system reports
Ad Hoc reporting tool
HR Automation
Create and route job requisitions
Refer and certify applicants electronically
Scan paper application materials
* Cost of the scanner is not included unless listed on Exhibit A – ORDER FORM
* Requires a Scantron or similar Optical Mark Reader (OMR) scanner, special forms,
form set-up, and scanner software, which are not included unless listed on Exhibit A
– ORDER FORM
Additionally, during the term of the subscription, the Customer will be provided:
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Unlimited Customer Support (6:00 AM – 6:00 PM PT)
Customer Support shall be provided to the Customer both on-line and by telephone
Monday – Friday, 6:00 AM – 6:00 PM PT (excluding NEOGOV holidays).
Product Upgrades to Licensed Software
Customer shall receive all product upgrades to purchased package. Product upgrades
are automatic and available upon the next login following a product upgrade rollout.
Product upgrade rollouts are generally released every three months.
1.2 Provisioning
The following activities are conducted as part of the Insight Enterprise implementation
Conduct a project kick off meeting to review the project timeline, deliverables, and
establish project expectations
NEOGOV will establish an Agency-specific training environment that will be used
during training and post-training to allow the Agency to learn the system and begin
defining new roles, responsibilities, and activities within the HR staff
NEOGOV will conduct eight hours of on line instructor led training. NEOGOV will
provide all required user exercises and user guides to the Agency.
Once the core user community is comfortable with the system (typically within 10
hours of hands-on use) they will train the remaining HR staff to complete their tasks
using Insight.
Between the training and go-live, NEOGOV will complete the following activities:
Creating an agency-specific training environment which is used by your agency
o
during training and afterwards to train in prior to moving into production
Configure printable job bulletin
o
Integrate your new production job opportunities, promotional opportunities, and
o
class specifications web pages into your existing agency website
Establish the Agency’s Insight Enterprise production environment
o
1.3 Training
NEOGOV will deliver training to Agency recruiters. We will provide all required user
exercises and user guides to the Agency.
Following the training, your agency will have full access to the training environment.
Additionally, your agency has full access to our Customer Support Help Desk during the
training to help new users fully utilize Insight. Our existing customers find that this unique
implementation approach enables their users to become familiar with Insight in a safe
environment, promoting system use and leading to a more successful rollout.
Order Form Terms and Conditions:
(1) The Customer hereby orders and GovernmentJobs.com, Inc. (d/b/a NEOGOV hereafter
“NEOGOV”) agrees to provide the services described in this Order Form. THE SERVICES
ARE PROVIDED PERSUANT TO THE TERMS AND CONDITIONS OF THIS ORDER
FORM AND THE SERVICE AGREEMENT BETWEEN NEOGOV AND THE CUSTOMER.
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(2) The Customer agrees that the payment schedule is as follows:
Provide all required software and Licenses
One hundred percent (100%) of the annual license price is payable within thirty (30)
days of execution of this Order Form and Service Agreement. ($8,500.00)
Software Provisioning for first half of Insight Enterprise
One hundred percent (100%) of the non-recurring costs are to be paid to NEOGOV
within thirty (30) days of the execution of this Order Form and Service Agreement.
($2,500.00)
Completion of Training
One hundred percent (100%) of the training price is payable within thirty (30) days of
completion of training. (WAIVED)
(3) Neither the Customer nor NEOGOV will be bound by this Order Form until it has been
signed by authorized representatives of both parties.
(4) Changes or alterations to this Order Form will not be accepted.
THERE ARE SIGNIFICANT ADDITIONAL TERMS AND CONDITIONS, WARRANTY
DISCLAIMERS AND LIABILITY LIMITATIONS CONTAINED IN THE SERVICE AGREEMENT
BETWEEN THE CUSTOMER AND NEOGOV.
DO NOT SIGN THIS ORDER FORM BEFORE YOU HAVE READ THE SERVICE
AGREEMENT IN ITS ENTIRETY. YOUR SIGNATURE BELOW INDICATES THAT YOU HAVE
READ THE SERVICE AGREEMENT AND AGREE TO BE BOUND BY ITS PROVISIONS.
Customer
NEOGOV
Signature: Signature:
Print Name: Print Name: Scott Letourneau
Title: Title: President
Date: Date:
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9. A
PUBLIC HEARING
June 19, 2012
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD:
06/19/2012
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. (REQUEST THIS ITEM BE
TABLED TO JULY 3, 2012 FOR LEGAL NOTICING REQUIREMENTS)
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
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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.
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.
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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
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
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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 1The 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:
G.Removal. 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:
F. Location Criteria. 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.
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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]
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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)
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10. A
CITY MANAGER’S REPORT
June 19, 2012
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD:
June 19, 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 status report on Net Assets' on-line lien
EQUESTED CTION BY ITY OMMISSION
search services.
ER:
On October 5, 2010, the City Commission adopted Resolution No. 10-138
XPLANATION OF EQUEST
approving an agreement with Net Assets for the implementation, maintenance, customer service support
and hosting of the Conduits reporting service. Net Assets is a service identified by the City Clerk’s Office
that provides on-line lien search services. This was a labor-intensive function being performed in the City
Clerk’s Office for $15 per search. Staff performed approximately 150 searches per month and the fee did
not cover the cost to produce the information. Implementing this service would also improve customer
service because of instant access to our records.
The fee was set at $115 per search (which nets the City $100 per search) and $50 for searches of
properties outside the City limits. All customers were notified of the change in service which began on
June 2, 2011. At that time, we conservatively anticipated generating annual revenue of approximately
As of May 31, 2012, (one year after starting the service) 2,670 “inside City” searches
$175,000.
and 589 “outside City” searches have been purchased resulting in $303,910 net revenue
generated for the City.
H?
Implementing this service has allowed the City
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
Clerk’s Office to reduce one full-time staff to .75 FTE and to expand the duties and responsibilities of that
staff member for better efficiency in the operation.
FI:
It is anticipated that if housing sales continue as they have during this current fiscal year,
ISCAL MPACT
the City will realize additional revenue equal to the amount generated in 2011/12. There is also the
potential, as housing sales improve over the next few years, to realize enough revenue generation to
cover the City Clerk’s Office operation.
A:
The only alternative that exists at this time would be to return to the manual process
LTERNATIVES
which would require the part-time staff person to be returned to a full-time position. Additionally, some of
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the duties and responsibilities that were assigned to that staff member would have to be reassigned,
placing a burden on the remaining staff in the City Clerk’s Office.
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10. B
CITY MANAGER’S REPORT
June 19, 2012
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD:
June 19, 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:
Provide direction to staff on review/analysis of Palm
EQUESTED CTION BY ITY OMMISSION
Beach County Sheriff's Office proposal for police services; approve agreement with the
International City/County Management Association (ICMA) for a efficiency analysis of Police
Department operations in the amount of $47,000 (which includes up to $4,700 for presentation of
final report by ICMA Management Review Team) plus $8,000 for estimated travel expenses;
authorize expenditure of up to $55,000 from Law Enforcement Trust Fund for conduct of the
study.
ER:
XPLANATION OF EQUEST
At the June 5, 2012 City Commission meeting, Chief Matt Immler informed the City
Commission of anticipated increases in the Police Department’s proposed budget for
FY 12/13. Chief Immler indicated the direction given by the Interim City Manager, to
prepare a flat budget and a 10% reduction scenario, was not possible. He cited several
factors that lead to the mandatory increases.
As part of the budget preparation, staff requested the Palm Beach County Sheriff’s
Office to make a presentation to the City Commission regarding providing police
services for the City. The PBSO made a presentation on June 5, 2012. A copy of their
proposal and draft agreement is attached. This is one of several alternatives staff is
identifying to address our increasing costs of police services:
1) Consider outsourcing the services – PBSO presentation
2) Contact Ocean Ridge & Briny Breezes to offer police services
3) Conduct efficiency analysis of current police operations – ICMA
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Another topic that requires continued Commission discussion was whether or not the
City Commission wanted to have a management study completed on the Police
Department operations. The Commission had not yet defined the degree and scope of
service and the discussions were more focused on hiring/training practices, cultural
assessment, etc. Not budgetary considerations.
The Interim City Manager contacted ICMA for a quote (attached) to perform a workload
efficiency study that looks at the entire operation in terms of the use of resources,
organizational structure, deployment, statistical analysis of crime statistics, incidents,
peak hours, etc. to determine what would be the most “efficient” use of our resources.
As the City Commission deliberates, it is critical that all scenarios be vetted fully,
including our current operations. In 2010, the City of Delray Beach engaged the
services of ICMA for a similar study. Several recommendations made by ICMA were
accepted and adopted by the Delray Beach City Commission and some were not. This
type of information gives the Commission choice (alternatives) to define the level of
service desired for the City and to identify the cost threshold of paying for those
services.
In addition to addressing operating costs, there are several capital related issues the
Commission will be considering in the near future: space needs/constraints, possible
relocation of Police Department, potential loss of parking due to redevelopment of the
Old High School, etc.
H?
TBD
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
FI:
TBD – potential expenditure for ICMA management study. Should the
ISCAL MPACT
Commission desire to contract with ICMA, funds in the amount of $55,000 will be taken
from the State Law Enforcement Trust Fund account which currently shows a balance
of $242,110. Florida State Statute 932.7055 provides that when a law enforcement
agency seizes property or currency pursuant to the state forfeiture statutes, the
proceeds are deposited into a Law Enforcement Trust Fund. The funds may be
expended for law enforcement purposes upon request of the Chief of Police to the
governing body of the municipalityThis expenditure meets the requirements of the
.
statute in that the law enforcement purpose is clear and this type of expenditure has not
appeared in our budget at any point.
A:
Provide staff with alternative direction.
LTERNATIVES
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11. A
UNFINISHED BUSINESS
June 19, 2012
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RACC:
Discuss proposal for purchase of City owned real
EQUESTED CTION BY ITY OMMISSION
property located at 2240 S. Congress Avenue
ER:
Attached is an offer to purchase the City’s former Fire
XPLANATION OF EQUEST
Station #2 site. In November, 2011 the City Commission directed staff to obtain
appraisals and follow the process outlined in Section 2-56(c) of the Municipal Code for
the selling of three (3) City owned parcels. At that time, the code required the sites be
placed out for competitive bids. Only one bid was received (on the Leisureville site).
The City Commission rejected the bid.
In April, 2012 the City Commission adopted Ordinance No. 12-009 amending the
provision for the sale of City owned real property. The amendments allow the city to
address the sale of properties on a case by case basis.
On May 1, 2012 the City received a written purchase offer (attached). We have received
one other proposal, which does not appear to be an offer to purchase (also attached).
Staff seeks direction from the Commission on how they wish to proceed with these
documents.
Over the past month staff has discussed the future of the Municipal Campus with the
Commission on a one on one basis. There are several outstanding issues that affect
the overall campus and the potential need for two of these three city owned sites. This
requires a more detailed discussion of 1) the impacts of the Old High School
redevelopment project (parking); 2) future of Police Department (relocation, renovation
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and/or outsourcing); and 3) retrofit of City Hall, etc. Staff recommends conducting a
workshop at a future date to discuss these items.
H?
TBD
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
FI:
TBD
ISCAL MPACT
A:
n/a
LTERNATIVES
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12. A
NEW BUSINESS
June 19, 2012
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RACC:
PROPOSED RESOLUTION NO. R12-052 -
EQUESTED CTION BY ITY OMMISSION
Approve an amendment of the NSP Agreement between the City of Boynton Beach and the
Boynton Beach Community Redevelopment Agency (CRA) dated July 20, 2010, allowing for an
extension to September 30, 2013 and authorize the Mayor to execute the amendment.
ER:
The City and CRA entered into the attached agreement on
XPLANATION OF EQUEST
July 20, 2010. The purpose of the Agreement was to provide Neighborhood
Stabilization Program funding in the amount of $400,000 to the CRA to undertake the
site development of the former Boynton Terrace West land.
The City placed a date of September 30, 2012 for the CRA’s compliance. Compliance
under the terms of the Agreement means completion of the site development and the 21
homes. The City’s date of compliance with HUD is September 30, 2013.
Currently there are two homes under construction. The CRA’s sub-recipient, HFHSPBC
CLT, Inc. expects that of the 21 homes planned for the Ocean Breeze West subdivision,
at least 17 will be completed or under construction by September 30, 2013. All of the
homes are pre-sold to families earning below 120% of Median Household Income.
The CRA is requesting an extension of the compliance date to September 30, 2013.
The extension of the agreement will allow the CRA to meet the housing national
objective of the NSP program.
H?
N/A
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
FI:
The NSP1 funds allocated for the Ocean Breeze Project were
ISCAL MPACT
expended for Infrastructure activities to the project. Although the required National
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Objective for the activity is housing, HUD has not established a grant closeout date for
NSP. With this said, there would be no fiscal impact as the project is well underway.
A:
Do not approve the request to extend the CRA’s compliance date to
LTERNATIVES
September 30, 2013.
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RESOLUTION R12-
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
BOYNTON BEACH, FLORIDA, APPROVING A FIRST
AMENDMENT TO THE INTERLOCAL AGREEMENT BETWEEN
THE CITY OF BOYNTON BEACH AND THE BOYNTON BEACH
COMMUNITY REDEVELOPMENT AGENCY WHICH SPELLS OUT
THE OBLIGATIONS OF THE PARTIES AND THE TIMELINES
THAT MUST BE MET IN ORDER TO COMPLY WITH THE
REQUIREMENTS OF THE NEIGHBORHOOD STABILIZATION
PROGRAM; AUTHORIZING EXECUTION OF THE FIRST
AMENDMENT BY THE MAYOR AND CITY CLERK; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS,
on July 20, 2010, the City Commission approved Resolution R10-086 an
Agreement between the City and CRA to provide Neighborhood Stabilization funding in the
amount of $400,000 to the CRA to undertake the site development of the former Boynton
Terrace West land; and
WHEREAS,
in order to satisfy the Neighborhood Stabilization Program requirements,
the CRA must satisfy the National Objective of providing permanent residential structures that
will be occupied by those meeting the low-and moderate-income requirements; and
WHEREAS
, the Agreement provides that National Objective must be satisfied by the
CRA no later than September 30, 2012; however that deadline shall be extended to September
30, 2013 provided the project is under construction and proceeding on a completion schedule to
meet the National Objective; and
WHEREAS
, the City and CRA wish to extend the deadline to September 30, 2013 to
allow completion of the project; and
WHEREAS,
the City Commission of the City of Boynton Beach deems it in the best
interest of the citizens and residents of the City to approve the First Amendment to the Interlocal
Agreement between the City of Boynton Beach and the Boynton Beach Community
Redevelopment Agency.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
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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 does hereby approve the First Amendment to the
Interlocal Agreement between the City of Boynton Beach and the Boynton Beach Community
Redevelopment Agency, a copy of which is attached hereto as Exhibit “A”.
Section 3. The City Commission does hereby authorize the Mayor and City Clerk to
execute the First Amendment to the Interlocal Agreement between the City of Boynton Beach
and the Boynton Beach Community Redevelopment Agency.
Section 4. This Resolution will become effective immediately upon passage.
[REMAINDER OF PAGE INTENTIONALLY LEFT BLANK]
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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)
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FIRST AMENDMENT TO AGREEMENT BETWEEN
THE CITY OF BOYNTON BEACH AND
BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY
THIS IS A FIRST AMENDMENT TO AGREEMENT, made and entered into this
______ day of ______________, 2012, between THE CITY OF BOYNTON BEACH
(hereinafter referred to as the “City”) and THE BOYNTON BEACH COMMUNITY
REDEVELOPMENT AGENCY (hereinafter referred to as “CRA”).
WHEREAS
, on July 6, 2010, the City Commission approved, via Resolution R10-086,
an Agreement between the City and CRA to provide Neighborhood Stabilization funding in the
amount of $400,000 to the CRA to undertake the site development of the former Boynton
Terrace West land; and
WHEREAS,
in order to satisfy the Neighborhood Stabilization Program requirements,
the CRA must satisfy the National Objective of providing permanent residential structures that
will be occupied by those meeting the low-and moderate-income requirements; and
WHEREAS
, the Agreement provides that National Objective must be satisfied by the
CRA no later than September 30, 2012; however that deadline shall be extended to September
30, 2013 provided the project is under construction and proceeding on a completion schedule to
meet the National Objective; and
WHEREAS
, the City and CRA wish to extend the deadline to September 30, 2013 to
allow completion of the project; and
WHEREAS
, the Agreement entered into on July 20, 2010 shall remain in full force and
effect except as specifically amended herein.
In consideration of the mutual terms and conditions, promises, covenants and payments
hereinafter set forth, City and CRA agree as follows:
Section 1
. The Agreement between the City and the CRA entered into the 20th day of
July, 2010, is amended as follows:
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PART III
COMPENSATION, TIME OF PERFORMANCE, METHOD AND CONDITIONS OF PAYMENT
B. Time of Performance
The effective date of this Agreement and all rights and duties designated
hereunder are contingent upon the timely release of funds for this project in U.S.
HUD Community Development Block Grant No. B-09-MC-12-0043. The effective
date shall be the date of execution of this Agreement or the date of release of
funds by U.S. HUD, whichever is later.
The services of the Agency shall commence upon execution of this Agreement or
receipt of an Order to Proceed in writing from CID, and shall be undertaken and
completed in light of the purposes of this Agreement. In any event, all services,
with the exception of NSP obligation requirements, required hereunder shall be
completed by the Agency by .
September 30, 2013
EXHIBIT A
WORK NARRATIVE
F. WORK SCHEDULE: The time frame for completion of the outlined activities shall be
September
30, 2013.
Section 2.
All other terms and conditions of the Agreement not specifically amended
shall remain in full force and effect for the balance of the term of the agreement.
IN WITNESS OF THE FOREGOING, the parties have set their hands and seal the day
and year first written above.
CITY OF BOYNTON BEACH, FLORIDA
BY: _________________________________
ATTEST: WOODROW L. HAY, MAYOR
BY: _______________________________
JANET M. PRAINITO, MMC
CITY CLERK
[CORPORATE SEAL]
BOYNTON BEACH COMMUNITY REDEVELOPMENT
AGENCY
By:_____________________________
WOODROW L. HAY, CHAIRMAN
Approved by : _____________________________
VIVIAN BROOKS, EXECUTIVE DIRECTOR
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Approved as to form:
__________________________________
JAMES A. CHEROF, CITY ATTORNEY
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12. B
NEW BUSINESS
June 19, 2012
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RACC:
Consideration of the implementation of a new
EQUESTED CTION BY ITY OMMISSION
education initiative in the City of Boynton Beach
ER:
Commissioner Marlene Ross is requesting that the city
XPLANATION OF EQUEST
undertake a new initiative for education to highlight all of the education efforts that are
part of the fabric of the City of Boynton Beach. The theme for the initiative would be
“The Learning Experience” to bring all educational opportunities for all ages, delivered
by multiple entities in Boynton Beach under one umbrella, as a Promise delivery.
The Learning Experience would bring together the resources of the Education & Youth
Advisory Board, the Community Relations Board, the Library Board, and invite the
Greater Boynton Beach Foundation and Sister Cities to create a team that would
implement a program to accomplish the following:
Identify city-wide education efforts by the City of Boynton Beach and other
organizations that serve the city’s commitment to quality education for citizens of
all ages.
Compile a comprehensive listing of educational agencies, programs and
services.
Identify ways to connect the educational agencies, programs and services.
Create potential strategies, (including budgetary considerations) to incentivize
the business community to become engaged in creative ways with education in
the City.
Create potential strategies to promote and celebrate that education is an
essential part of Boynton Beach’s identity.
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The goal of The Learning Experience Team would be to create a final plan to be
presented to the City Commission for approval and implementation.
H?
Cannot be determined at this time.
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
FI:
Cannot be determined at this time.
ISCAL MPACT
A:
Do not go forward with The Learning Experience initiative.
LTERNATIVES
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Education Umbrella Meeting
(Requested by Commissioner Marlene Ross)
Attendees at the May 23, 2012 meeting:
Marlene Ross, Commissioner
Lori LaVerriere, Interim City Manager
Carisse LeJeune, Interim Assistant City manager
Margee Walsh, CRA Marketing Director
Debby Coles-Dobay, Public Art Administrator
“Education Umbrella Term”
Purpose: To highlight all of the wonderful education efforts/initiatives which are part of
the fabric of the City of Boynton Beach.
Commissioner Marlene Ross would like to
implement the following initiatives:
• Identify city-wide education efforts by the City of Boynton Beach and other
organizations that serve the city's commitment to quality education for citizens of all
ages.
• Compile a comprehensive listing of the educational agencies, programs and services.
• Identify ways to connect the educational agencies, programs and services.
• Create potential strategies, (including budgetary considerations) to incentivize the
business community to become engaged in creative ways with education in the City.
• Create potential strategies to promote and celebrate that education is an essential part
of Boynton Beach’s identity.
At the meeting the group outlined:
The best name for this umbrella term is:
“The Learning Experience” (T.L.E) - Implies that the educational opportunities in
Boynton Beach is for all ages, delivered by many entities and is a Promise delivery.
Follow names were:
“Excellence in Education”
“Excel in Education”
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Educational organizations in the City:
Public Schools:
Galaxy Elementary, Boynton Beach High School, Congress Middle, Poinciana
Elementary
Palm Beach County School Board
Private/Alternative/Charter Schools:
Fl Career College
South Tech
Lake Worth Christian
St. Marks St. Josephs
Imagine Charter School
? Beauty School (Sunshine Square)
Non-profits and programs:
Schoolhouse Children’s Museum and Learning Center
City Library - Americorp mentoring program
Youth Empowerment Center
Juvenile Transition Center
Children’s Services Council
Sister Cities
P2P Pathway to Prosperity
Women’s Circle
Literacy Coalition
Historical Society
Women’s Club
Next Step:
Set a meeting June 20 at 4 - 5pm with key advisory board members from the following
boards. Recommend these key board members will form “The Learning Experience
Team” (TLET). At the meeting outline the initiatives and have the TLET review
initiatives with their prospective boards and make recommendations to vet through the
TLET with the goal of a final plan to be presented to City Commission for approval for
implementation.
*(NOTE: In the interest of protocol, this project concept should go before the
entire City Commission for approval prior to the involvement of Commission
appointed Advisory Boards).
Advisory boards identified and key
members are:
• Education & Youth Advisory Board – Steve Waldman/Mary Morera
• Greater Boynton Beach Foundation - John McGovern
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• Community Relation Board – Vince Piraino/Willie Swoope
• Library Board – Jeanne Dee/Barbara McGee
• Sister Cities - Jeanne Heavilin/Chris Francois
Many above advisory board members have current or retired School Board Employees
and educational members.
Business entities identified that can assist
to promote “The Learning Experience”
message:
City, CRA & Chamber: web site, social media, PR
WXEL
TEN- The Education Network
Palm Beach County School Board
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13. A
LEGAL
June 19, 2012
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June 19, 2012
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RACC:
PROPOSED ORDINANCE NO. 12-010 -
EQUESTED CTION BY ITY OMMISSION
SECOND READING - Amend the Land Development Regulations (LDR) to implement
recommendations of the Moratorium Study, Notice of Intent (NOI) #2011-01, pertaining to 1)
location of not-for-profit uses in certain zoning districts, and 2) the replacement of the lists of
approved uses for the three Planned Industrial Development Districts (PIDs) with the standard
use regulations listed in the Use Matrix.
ER:
The NOI #2011-01 was adopted by the City Commission on
XPLANATION OF EQUEST
November 15, 2011 to allow staff 180 days to undertake a study to review zoning
regulations pertaining to location options of tax exempt not-for profit uses in the City.
The moratorium expires on May 14,2012. The study was intended to implement three
Initiatives (11, 12, and 13) of the Economic Development Program and Initiatives
adopted by the City Commission at the October 18, 2011 meeting, with the emphasis on
provisions for tax-exempt uses in the context of a more comprehensive analysis of how
to maximize economic and fiscal value of development in C-3, C-4, PCD, PID, M-1 and
mixed use zoning districts.
On February 21, 2012, the City Commission, prompted by a request from the Christ
Fellowship Church to support the acquisition of the Dillard’s property at the Boynton
Beach Mall, voted to remove places of religious assembly and religious institutions from
the scope of work under the moratorium. Also, on April 3, 2012, the City Commission
voted to remove charter schools in PID zoning districts from the moratorium. However,
such uses have remained a part of the study and its recommendations.
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Update
nd
On May 22, the Planning and Development Board reviewed this item and
recommended its approval. Although there were no recommendations for specific
revisions to the proposed LDR amendments, the Board suggested that staff review
certain aspects of the changes and determine if further modifications were required.
Staff conducted a final review of the item, and made several changes to the proposed
th
amendments as approved on First Reading on May 15, one of which was prompted by
a comment from the Board. Of the changes made, eight are proposed to further the
economic development objective to preserve industrial land, and another eight to
enhance neighborhood or roadway corridor compatibility primarily warranted in
connection with the addition of many new uses to the PID or M-1 zoning districts. The
remaining changes were made as a general cleanup (i.e. clarification) of the Zoning Use
Matrix and/or Notes.
Background
Tax-exempt/not for profit uses
The tax-exempt/not-for-profit establishments comprise several types of uses, which
generally fall into the religious, charitable/social, educational, scientific/medical and
cultural categories. Within the City, the two largest groups are places of religious
assembly/religious institutions and K-12 schools, including charter schools. There are
currently 25 properties occupied by tax-exempt/not for profit entities in the zoning
districts that are subject to the Moratorium. They include 10 churches/religious
institutions, five civic/fraternal organizations, five schools, three social service agencies,
one hospital-owned facility and one governmental agency (see Exhibit “A” for the
complete list). Two of these establishments are lessees; the remaining 23 are owner-
occupiers.
If a not-for-profit owns the property on which it conducts its activities, it can apply to the
Palm Beach County Appraiser’s Office for tax-exempt status. If it leases, the property
cannot be tax-exempt unless the lessor is also a not-for-profit entity and has a tax-
exempt status. The latter provision does not apply to charter schools, which can convey
the tax-exempt status on the leased property regardless of who the lessor is.
Costs and benefits of not-for profits
While the not-for-profits provide many useful services, they also impose a cost on the
city since they consume public services but do not pay taxes. The property tax revenue
loss can be substantial. The 2011 summary value of the 25 not-for-profit properties was
$76,720,637; the resultant property tax revenue would have been $551,936, about 2%
of the total 2011 taxes levied. Please note that this amount does not represent a
revenue loss for the City stemming from the not-for-profit ownership of these properties;
rather, it represents the revenue the City would have received from said properties in
the absence of the tax exemption. Unfortunately, it is impossible to estimate the
property tax revenues from potential alternative commercial or industrial developments
on these sites, or the forgone benefits from such developments contributing to the
overall commercial mix in the area.
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Not-for-profits provide important public benefits to the City. They also have local
economic impacts, driven by their employment and purchasing behaviors. Nevertheless,
there is a rationale for limiting their presence in selected zoning districts. Firstly, there is
a limited number of vacant parcels remaining in commercial and industrial zoning
districts - 71 properties, for a total of 120 acres (there are an additional eight vacant
parcels, with approximately 16 acres, in the mixed use zoning districts; for details, see
Exhibit “C”). As the economy recovers, the City will continue to work to attract new
businesses to locate on the available vacant sites, or to redevelop sites with obsolete
structures. In many areas, these developments would enhance the existing business
mix, improve the overall commercial appeal of the area and stimulate further
improvements. Finally, limiting the locational options of not-for-profits would increase
the real property tax base, which has shrank over 11% since 2005, and thus generate
additional funds for the City to provide services to residents and other businesses.
Scope of the study and summary of recommendations
Not-for-profits
Staff reviewed the City’s zoning code with respect to principal uses that are not-for-
profit, or uses that can potentially fall into this category, and that are clearly defined in
the land development regulations. The list of uses considered includes Churches; Civic
& Fraternal Organizations; Museums; Colleges, Seminaries, and Universities; and
Schools. In addition, staff is proposing to create a new principal use, Social Service
Agency.
Staff also reviewed codes of four neighboring municipalities - Boca Raton, Delray
Beach, Greenacres, and West Palm Beach. Such broad comparisons are somewhat
difficult, given the differences in use definitions and in purpose and character of zoning
districts in each of the codes. However, the reviews revealed and determined that:
most of the municipalities apply similar standards to religious institutions as to other
places of public assembly (typically clubs and lodges), an approach that would help
warding off challenges based on RLUIPA (The Religious Land Use and
Institutionalized Persons Act), a federal law enacted in 2000 to protect religious
institutions from unduly burdensome or discriminatory land use regulations; and
the zoning regulations of Boca Raton and West Palm Beach include a “not-for-profit”
use category but none of the municipalities appears to regulate these or other
potentially not-for-profit uses with the purpose similar to that of the subject study.
It appears that no other municipality in the Palm Beach County has undertaken a review
th
of the not-for-profit provisions in its code. On April 12, planning staff of the Village of
Palm Springs presented an analysis of the not-for-profits’ impact on tax revenues to the
Village Council; however, no direction to staff have been issued.
Recommendation
Staff’s recommendations pertaining to provisions for location of not-for-profit uses are
summarized as follows (see Exhibit “B”, proposed changes to LDR, for details):
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Not-for-profit uses would not be allowed in the C-3, C-4, CBD, PCD, M-1 and PID
zoning districts, which are intended to attract commercial and industrial projects.
Exceptions include Schools, Primary and Secondary, which can locate on Quantum
lots with a Governmental & Institutional (“G & I”) land use option.
Not-for-profit uses would be allowed in the mixed use district if 1) integrated into
mixed use buildings, and 2) below a certain size limit for both building and
development as a whole.
If no longer permitted, previously approved uses would be deemed conforming to
the extent that the building, and/or area occupied by the use would not be permitted
to expand by more than 20%.
PID uses
The City has three Planned Development Districts – Quantum Park of Commerce,
Boynton Beach Commerce Center and High Ridge Commerce Park. Historically, these
were set apart from other zoning districts, both conventional and planned, in that each
has its own list of approved uses. As a result, the lists, aside from general categories of
uses, reflect narrowly defined types of establishments currently, or previously present in
a specific PID. New uses are added from time to time to the respective list through a
Use Approval Process. Please note that the Quantum Park of Commerce is also a
Development of Regional Impact (DRI), and has lot-specific general use designations. A
DRI is governed by its own set of regulations and the proposed change of use requires
the applicant to go through additional processes.
Recommendation
Staff recommends that the three use lists be eliminated. Instead, the PID use
regulations would be consolidated within the Use Matrix (see Exhibit “B”), allowing for
the following benefits:
New uses would be allowed as some of the existing narrowly-defined uses are
absorbed into larger categories and other Use Matrix categories are added.
Code information would be presented in a significantly more consistent and user-
friendly manner.
The Use Approval process would be eliminated, resulting in a reduction of the
overall processing time.
Economic development-based criteria for selected applications
Land Use Amendment and Rezoning applications are subject to specific review criteria,
last amended as part of the LDR Rewrite. Staff reviewed these criteria and found them
lacking the objectives embedded in the Economic Development Program and Initiatives.
Recommendation
Staff proposes additional economic development-driven criteria to be considered for
reviews of the above mentioned applications and, additionally, for review of a Master
Plan Modification application for PID zoning districts, and a Notice of Proposed Change
(NOPC) for DRIs (see Exhibit “B”). The criteria target two major concerns:
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The project’s economic impact, locally and city-wide, in terms of job creation and
the potential to enhance the local commercial appeal as well as the City overall
market competitiveness; and
The project’s fiscal impact, in terms of growth and diversification of the City’s tax
base
H?
The subject amendments would
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
implement initiatives 11, 12 and 13 of the Economic Development Program and
Initiatives.
FI:
The subject amendments are projected to have a positive fiscal impact
ISCAL MPACT
over time.
A:
Not adopt the proposed ordinance or adopt with changes.
LTERNATIVES
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ORDINANCE 12-010
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
BOYNTON BEACH, FLORIDA AMENDING PART III, "LAND
DEVELOPMENT REGULATIONS", CHAPTER 1, ARTICLE II.
DEFINITIONS, CHAPTER 2, ARTICLE I. OVERVIEW, CHAPTER 2,
ARTICLE II. PLANNING AND ZONING DIVISION SERVICES,
CHAPTER 3, ARTICLE III. ZONING DISTRICTS AND OVERLAY
ZONES, CHAPTER 3, ARTICLE IV. USE REGULATIONS, CHAPTER 3,
ARTICLE III. EXTERIOR BUILDING AND SITE DESIGN
STANDARDS, TO IMPLEMENT RECOMMENDATIONS OF THE
MORATORIUM STUDY, NOTICE OF INTENT 2011-01; PROVIDING
FOR CONFLICT, SEVERABILITY, INCLUSION; AND EFFECTIVE
DATE.
WHEREAS,
on November 15, 2011, the City Commission adopted Notice of Intent
#2011-01 to allow staff 180 days to undertake a study to review zoning regulations pertaining to
location options of tax exempt not-for-profit uses in the City; and
WHEREAS,
the study was intended to implement three Initiatives (11, 12 and 13) of the
Economic Development Program and Initiatives adopted by the City Commission at the October
18, 2011 meeting with the emphasis on provisions for tax-exempt uses in the context of a more
comprehensive analysis of how to maximize economic and fiscal value of development in C-3,
C-4, PCD, PID, M-1 and mixed use zoning districts; and
WHEREAS,
staff recommends the adoption of the attached revisions to the Land
Development Regulations as they will implement initiatives 11, 12 and 13 of the Economic
Development Program and Initiatives.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA:
Section 1. That the foregoing "WHEREAS" clause is true and correct and hereby
ratified and confirmed by the City Commission.
Section 2. That Part III, "Land Development Regulations", of the Code of Ordinances
of the City of Boynton Beach is hereby amended as follows:
SEE ATTACHED EXHIBIT “A”
343 of 484
Section 3. All prior ordinances or resolutions or parts thereof in conflict herewith are
hereby repealed to the extent of such conflict.
Section 4. If any section, sentence, clause, or phrase of this Ordinance is held to be
invalid or unconstitutional by any court of competent jurisdiction, then said holding shall in no way
affect the validity of the remaining portions of this Ordinance.
Section 5. It is the intention of the City Commission of the City of Boynton Beach,
Florida, that the provisions of this Ordinance shall become and be made a part of the City of
Boynton Beach Code of Ordinances; and that the sections of this ordinance may be renumbered
or relettered and the word "ordinance" may be changed to "section," "article," or such other
appropriate word or phrase in order to accomplish such intentions.
Section 6. This Ordinance shall be effective immediately after adoption by the City
Commission.
st
PASSED FIRST READING this 1 day of May, 2012.
344 of 484
SECOND AND FINAL READING ADOPTED this ___ day of ________, 2012.
CITY OF BOYNTON BEACH, FLORIDA
_________________________________
Mayor – Woodrow L. Hay
_________________________________
Vice Mayor – Mack McCray
_________________________________
Commissioner – Woodrow L. Hay
_________________________________
Commissioner – Steven Holzman
_________________________________
Commissioner – Marlene Ross
ATTEST:
______________________________
Janet M. Prainito, MMC
City Clerk
(Corporate Seal)
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13. B
LEGAL
June 19, 2012
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD:
June 19, 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" (REQUEST THIS ITEM BE TABLED
TO JULY 3, 2012 FOR LEGAL NOTICING REQUIREMENTS)
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
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obtain a Certificate of Use from Planning and Zoning in order to insure compliance with zoning
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
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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.
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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.
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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)
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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.
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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)
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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
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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
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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
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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
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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
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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
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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
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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:
448 of 484
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
449 of 484
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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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.
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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.
(a) Transfer to new owner. 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.
(b) Transfer to new location. 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
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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
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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.
(a) Special permittee must conform. A person operating under a special permit shall operate his
nonprofit enterprise in compliance with this section and all other rules and regulations.
(b) False affidavit. 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.
(a) Permits for special events. 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.
(b) Definition.
Special Event. Any meeting, activity, gathering, or group of persons, animals, or vehicles, or a
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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
the general public. A Special Event 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
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.
(c) Application for a special event permit.
(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.
(d) Standards for issuance of permit. 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.
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(e) Conditions for permit. 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.
(e) Enforcement/penalty. 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.
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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,
467 of 484
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.
(a) Approval required. 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.
(b) Restrictions authorized. 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.
468 of 484
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
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EQUESTED CTION BY ITY OMMISSION
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18, 2012 @ 2:00 p.m. in the Library Program Room at the City Library
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City Commission discussion of the South Central
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Staff update on marketing and culturalization
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initiatives for City Rebranding Program - 7/3/12
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recommendations to the City Commission at the 7/3/12 Commission meeting.
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Property Assessed Clean Energy (PACE) Program
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- 7/3/12
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Consideration of entering into an Interlocal Agreement
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between the Town of Lantana, Florida and the City of Boynton Beach, 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). This request follows the implementation strategies of
ECONOMIC DEVELOPMENT PROGRAM INITIATIVE # 42 and CLIMATE ACTION PLAN
IMPLEMENTATION INITIATIVE # 4.5.2(8).
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Discussion of the City Manager search process per
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Hypoluxo for the City of Boynton Beach to provide Building Inspection services - 7/03/12
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Update on City of Boynton Beach towing contract -
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COBB
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AIRF
GENDA TEM EQUEST ORM
CMD:
June 19, 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
480 of 484
14. L
FUTURE AGENDA ITEMS
June 19, 2012
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD:
June 19, 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
481 of 484
14. M
FUTURE AGENDA ITEMS
June 19, 2012
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD:
June 19, 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
482 of 484
14. N
FUTURE AGENDA ITEMS
June 19, 2012
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD:
June 19, 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
483 of 484
14. O
FUTURE AGENDA ITEMS
June 19, 2012
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD:
June 19, 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
484 of 484