Agenda 02-27-23 City of Boynton Beach
Recreation &Parks Advisory Board
City Hall Commission Chambers
100 E. Ocean Avenue, Boynton Beach
February 27, 2023, 6:30 PM
AAgenda
I. Call To Order
11. Pledge of Allegiance
III. Roll Call
IV. Agenda Approval — February 27, 2023
V. Approval of Minutes — January 23, 2023
VI. Unfinished Business
a. Results from Recreation & Parks Advisory Board Surveys
b. Parks System Master Plan Update
c. Renaming of the Boynton Beach Tennis Center
VII. New Business
a. Advisory Board Guidelines
b. Recreation & Parks Advisory Board Annual Report
c. Little League Park Improvements
d. Upcoming Recreation Events
VI 11. Public Audience
IX. Items For The City Manager's Attention
X. Future Agenda Items
XI. Next Meeting — March 27, 2023
The Board(Committee)may only conduct public business after a quorum has been established. If no quorum is established within fifteen(15)minutes
of the noticed start time of the meeting,the City Clerk or designee will so note the failure to establish a quorum and the meeting shall be concluded. Board
members may not participate further even when purportedly acting in an informal capacity.
Speaking at Advisory Board Meetings:
The public is encouraged to offer comment to the Advisory Board at their meetings during Public Audience,and on any regular agenda item,as
hereinafter described.City Advisory Board meetings are business meetings and,as such,the Advisory Board retains the right to impose time limits on
the discussion on an issue.
• Public Audience:Any citizen may be heard concerning any matter within the scope of the jurisdiction of the Advisory Board-Time Limit-
Three(3)Minutes.
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CITY OF BOYNTON BEACH
RECREATION& PARKS ADVISORY BOARD MEETING
100 E. Ocean Avenue, Boynton Beach
January 23, 2023, 6:30 p.m.
PRESENT: STAFF:
Sean Conklin Kacy Young, Recreation & Parks Director
Eugene Fagan Franky Lazo, Recreation & Parks Asst. Director
Frando Patterson, Acting Chair Justin Johnson, Marketing & Outreach Mgr.
Alison Pandev Jennifer Oh, Prototype, Inc.
Geoffrey Campbell, Alternate Kathryn Matos, Assistant City Manager
Mario Guzman, Public Works Director
ABSENT:
Julie Mondello, Chair
Elizabeth Pierce-Roe, Vice Chair
GUESTS:
Andy Studt, Palm Beach County Department of Environmental Services
I. Call to Order
Chair Mondello called the meeting to order at 6:30 p.m.
II. Pledge of Allegiance
III. Roll Call
Roll was called and a quorum was present.
IV. Agenda Approval — January 23, 2023
Kacy Young, Recreation and Parks Director, added Item E, Events Updates, under New
Business.
Motion was made by Mr. Fagan, and seconded by Ms. Pandev, for the January 23, 2023
agenda approval with the addition of Item E. In a voice vote, the motion passed
unanimously. (5-0)
V. Approval of Minutes — November 28, 2022
Ms. Pandev referenced Page 1 under Guidelines, and stated the Guidelines were
supposed to be sent to Board members, but they never received them.
Kacy Young, Recreation and Parks Director, indicated that he was supposed to send
them out and apologized. He noted he left them on his desk, but he will make sure they
are available for the next meeting.
Meeting Minutes - Recreation and Parks Advisory Board
Boynton Beach, Florida January 23, 2023
Motion made by Mr. Fagan, and seconded by Ms. Pandev, to approve Minutes for the
November 28, 2022 meeting. In a voice vote, the motion passed unanimously (5-0).
VI. Unfinished Business
a. Results from Recreation and Parks Advisory Board Surveys
Kacy Young, Recreation and Parks Director, advised they will continue to keep this item
on the agenda until the Board votes to have it removed. This is the Board's assessment
of parks they visited in between each meeting to give an update on any comments or
questions about parks.
Mr. Fagan stated he visited Ocean Front Park and thinks it looks great.
Mr. Conklin commented that as usual, maintenance at the dog park is atrocious.
Director Young indicated they are working with a vendor and the Master Association
regarding improvements for the dog park. Other issues being addressed are sodding the
dog run, which was closed, so it can be reopened for use. Improvements should be seen
shortly.
b. Parks System Master Plan
Kacy Young, Recreation and Parks Director, reported they will continue to keep this item
on the agenda to provide the Board with updates on the Parks System Master Plan. They
are near the conclusion of the Plan and are in the final phase, which is the implementation
phase. The Plan is scheduled for adoption at the March 21, 2023, Commission meeting,
and he invited the Board to attend. Another update will be provided next month if anything
has changed.
Mr. Conklin asked how the Master Plan gets changed if they get new land or if there is an
opportunity for a new park that was not anticipated. He questioned if there are ways to
incorporate that into the Plan or if it is as is.
Director Young explained that the Plan is for ten years, and it is a little document. They
have gone through this process and obtained information, which the consultants will put
together to have the Plan adopted. As a Department, they will review the Plan each year
for updates, information, and changes. They can bring the Plan before the Board for
review each year, so if there are recommendations or changes, they are able to make
addendums as they move along.
VII. New Business
a. Advisory Board Update
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Meeting Minutes - Recreation and Parks Advisory Board
Boynton Beach, Florida January 23, 2023
Kacy Young, Recreation and Parks Director, indicated that the Commission has asked
the Board to provide an annual report. Kathryn Matos, Assistant Senior Manager, is
present to provide an update.
Kathryn Matos, Assistant City Manager, stated that the Board's service is greatly
appreciated. The Commission has requested an annual report from each Advisory Board.
There are ten Boards, so about one Board a month will come before the Commission and
present an annual report talking about the past year and goals for the upcoming year.
The idea would be to have a report prepared with the consensus of the Board, so they
are all on the same page. Typically, the Chair will present to the Commission. There
should be no pressure, maybe five to ten minutes. There is no pressure to give a formal
presentation, it is just to give the Commission an update and to let them know about
anything the Board is interested in communicating to them as a body. They were looking
at July for the Parks and Recreation Board to give their report, since that is Parks and
Recreation month, but that is up for negotiation. Ms. Matos stated she is excited that they
are rolling out a new agenda software that will be utilized across all the Boards. This
means members will be getting their agenda packets for each meeting ahead of time and
the agendas will be in the same format for every Board. They are doing this at the
Commission level and for all the Advisory Boards. They currently use a software called
Novus Agenda, but they are going to update to Peak, which will hopefully be a better take
for getting the information out sooner. The last thing she is excited about is that they are
going to launch a Boynton Beach Visitor Center. They are tentatively looking at April to
launch the Visitor Center, which will be on the first floor at City Hall. She asked if anyone
had any interest in volunteering to man the Visitor Center when they open. She is looking
at probably four-hour shifts, which will be the hours that City Hall is open. There is a sign-
up sheet if anyone is interested and if they would like more information, they can get that
out. She distributed her business card in case anyone wanted to talk specifically about
any of these items or anything in general related to the City.
Ms. Pandev questioned the hours for volunteers.
Ms. Matos stated the shifts will be the hours City Hall is open during the week, which she
believes are 7:00 a.m. to 7:00 p.m., and on Saturdays; they are closed Sundays. There
will be a volunteer schedule.
Acting Chair Patterson asked if the annual report is a written report, a Power Point, or if
they already have the format.
Ms. Matos indicated the format is up to the Board. She recommended a written report, a
page or two highlighting what the Board has accomplished over the last year or what
things have occurred relating to the Board over the last year, and then looking ahead at
their goals and anything pertinent they want to bring to the Commission's attention.
Acting Chair Patterson questioned if Ms. Matos had an example of a report.
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Meeting Minutes - Recreation and Parks Advisory Board
Boynton Beach, Florida January 23, 2023
Ms. Matos advised she can get an example and distribute it to the Board. The Board
liaison will also assist, so the Board's role would be making sure everything they think is
important to bring to the Commission's attention gets on the report and that they are on
the same page and have consensus of what goes on the report as a Board.
Acting Chair Patterson referenced the new agenda mechanism and asked if the Board
will receive the agenda right after the meeting.
Ms. Matos indicated that the Commission agendas are published a week before the
Commission meeting, so it will be the same type schedule, it will be distributed a week
beforehand and it will have all the backup material. They will email a link because it will
be posted to the website since it is a public agenda. They are looking at implementing the
software in March.
b. Intracoastal Waterway Channel Dredging Project
Andy Studt, Department of Environmental Resources Management, manages the
County's Coastal Resources Program, which involves everything from Inlet maintenance
to beach renourishment, to dune restoration, and everything up and down their 47-mile
coastline. He mostly works with partners and there are several projects the County
Manages directly. One of those projects is the South Lake Worth Inlet Maintenance
Dredging Project, a/k/a Boynton Inlet. For funding purposes, they use South Lake Worth
Inlet. They have worked on this project with the City many times in the past few decades.
They treat the entire system surrounding the Inlet as one system; it helps with permitting
and financing. If they can work together and it saves money in the long run. The most
recent dredging they did was in 2013, and prior to that in 2008 and 2001.They have been
planning this project, but were delayed by permitting last winter, and this winter they have
to do it, but they are still delayed by permitting. He presented a Power Point Presentation
and went through the project components, where they are with the permitting process,
and future goals.
Mr. Fagan commented that he is at the Inlet every weekend. He mentioned the existing
sand trap and the marina and asked if the marina is part of the permitting that goes along
with what they are doing.
Mr. Studt stated the marina rehab is a separate component and a separate permitting
process, which is run through their Parks Department. He noted they are closely
coordinating. They are planning on doing the dredging and staying out of their dock work
area, but it is a matter of who gets the permits and construction contracts first and they
are trying to work that out. They are coordinating closely to make sure they do not impact
each other.
Mr. Conklin mentioned the manmade grove islands and asked if they plan on putting any
of those in Boynton Beach.
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Meeting Minutes - Recreation and Parks Advisory Board
Boynton Beach, Florida January 23, 2023
Mr. Studt indicated there are not any current plans in Boynton Beach. Part of their sand
trap expansion project is generating a lot of excess material. Rather than having the
material go to a landfill, which is typical, and pay tipping fees, they are hoping to
beneficially use it in the Lake Worth Lagoon. One site identified for the material coming
from the lagoon is back in the lagoon at Tarpon Cove where they are building those
mangrove islands. Tarpon Cove is filling up quickly. They are currently permitting another
restoration project just north of the C51 canal, which will probably be a main receiver of
this material. It will be a little north of Boynton Beach, but within the general Lake Worth
Lagoon Eco System. The idea is the same as the other projects; they bring up the
elevations to promote seagrass and oyster habitat, so it cleans up the water.
Mr. Conklin stated they would like to see as many mangroves and oyster beds as
possible; it will make the water quality much better.
Mr. Studt commented that one issue is that there is a lot more grass closer to the Inlets,
so it makes it harder to do restoration projects.
Mr. Conklin mentioned dredging the actual Inlet and asked how they get around the coral
reefs.
Mr. Studt stated there is enough velocity that the reefs maintain themselves within the
throat of the Inlet, which has resources; there is generally bare rock with sand around the
edges. That is not something they would consider deepening unless they had a major
political push to make it bigger and wider.
Ms. Pandev questioned when Mr. Studt says next year if he means 2023 or 2024.
Mr. Studt clarified it would be the end of 2023, beginning of 2024. The maintenance
component has to happen outside of sea turtle season, and the beginning of that window
will open up on November 1, 2023. Maintenance should take about a month to complete
the hydraulic work and the mechanical work will take longer.
Director Young thanked Mr. Studt for the presentation. The City and County are working
together to get this done as soon as possible.
c. Capital Improvement Projects Presentation
Mario Guzman, Public Works Director, provided Power Point Presentation and gave a
brief overview on the Infrastructure Update/Legacy Projects as follows:
• Projects are being done at the Hester Center, Eco Park, and Jaycee Park.
• Continuous CIP repairs are being done at Millwood Park, Meadows Park, Forest
Park, and at the Tennis Center.
• Site furnishings are being done at Ocean Front Park and Oyer Park,
• Completed projects include Over Park boat ramps.
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Meeting Minutes - Recreation and Parks Advisory Board
Boynton Beach, Florida January 23, 2023
• The Tennis Center is converting tennis courts to Pickleball courts. Some of the
painting was completed at Carolyn Sims Park, some of the grills were changed
and some painting was done at Intracoastal Park, parking lot sealing at Jaycee
Park, deck repairs were made and Pickleball courts were recently completed at
Ocean Front Park.
• Beach towers, fishing pier, and Little League Park were brought to his attention.
Because there is a public private partnership in the works where a company may
potentially pay for some of the items at Little League Park, they are waiting for that
play to develop before putting money into it. The beach towers and fishing pier fall
into the same category where there are future Capital Improvement Projects. This
year they had to take the fishing piers down because they were in rough shape
and unsafe. They could not just tear the pier down, they had to get permits from
the Army Corp and once approved, they were able to take down the pier. They are
getting design plans and once those plans are ready to go, they will have an
estimated cost and can bring that up in Capital Improvements to hopefully get
funded. The fishing pier and beach towers are projects they are putting in their
Capital Improvement Plan to hopefully get funded.
Mr. Fagan commented that he is pushing the beach towers to look more like Miami Beach,
so they can promote tourism and have art in the City. He would not like to see the
fiberglass clam shells that even lifeguards hate. They cost more money, but he thinks
they would get some of the money back with the tourism.
Director Guzman stated they will put it in the plan. One of the challenges they have with
the City and specifically with Capital Improvements is the amount of projects and requests
compared to the resources and then there are competing priorities.
Mr. Fagan commented that he likes what they did to the docks, the coverings were nice.
Acting Chair Patterson questioned how things are prioritized.
Director Guzman stated they have a project charter, which ranks each item. Some are
maintenance specific, safety issues, grant funded and timeline issues, if the project falls
into the Master Plan, if there is a sustainable aspect to the project where it will benefit the
overall environment, risk mitigation, tourism aspect, and political aspect. They are trying
to balance all those components to make the best decision.
Acting Chair Patterson mentioned that the Board had an issue with the Little League Park
situation and asked Director Guzman to explain that a little more.
Director Guzman indicated once they get direction, he can address that appropriately.
Franky Lazo, Parks and Recreation Assistant Director, stated the City is designing a
Master Plan for that park, so there has not been an official Master Plan. A gentleman
came forward who was interested in building a training facility. They went through the
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Meeting Minutes - Recreation and Parks Advisory Board
Boynton Beach, Florida January 23, 2023
procurement process, and he was the only who submitted a bid, so based on that, they
followed the procurement process,went into negotiations, and entered into an agreement,
which is still pending Commission approval on secondary approval on the Site Plan; the
Site Plan is still being worked on. From a City standpoint, they are looking at the long-
term vision for that park. Aside from the gentleman bringing this forward, the City is still
looking to see if it fits their needs or the community needs. That is something they will
bring back to the Board for the Board and community to review.
d. Renaming of the Boynton Beach Tennis Center discussion
Kacy Young, Parks and Recreation Director, mentioned this item has been brought to the
Board numerous times regarding the Pickleball courts at the Tennis Center. Recently,
they were able to complete that project and they are trying to get feedback and let the
community know the sport is available to the public. A grand opening is planned for
February 4, 2023, but more details will be provided on the next agenda item. With
Pickleball courts being there, the facility is not just a Tennis Center any longer, so he
wanted to ask the Board if they would be in favor of changing the name to the Boynton
Beach Tennis and Pickleball Center, so they can highlight the Pickleball courts as being
a draw for the City. If the Board agrees, they can move forward.
Mr. Fagan thought it was a great idea.
Mr. Conklin mentioned the Pickleball people coming to the meetings and noted that
changing the name will not confuse anyone.
Director Young stated they also considered changing the name and adding Pickleball to
the Center for branding purposes for advertisement or just the overall attraction of the
Tennis Center that there is a new amenity in the park.
Motion made by Mr. Fagan, seconded by Ms. Pandev, to approve the change. In a voice
vote, the motion carried unanimously. (5-0)
e. Events Updates
Kacy Young, Parks and Recreation Director, advised that their Marketing and Outreach
Manager, Justin Johnson, is present, to provide an update on upcoming events.
Justin Johnson, Marketing and Outreach Manager, indicated that everyone should have
received the newest edition of the Fun Fare, which included many of the promotional
items they have been developing to come up with upcoming events over the next month.
He mentioned the upcoming events as follows:
• The Alzheimer's Awareness event will be held this Wednesday, at 6:00 p.m., at
the Carolyn Sims Center. That is a collaborative event with Healthier Boynton
Beach and the Alzheimer's Association.
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Meeting Minutes - Recreation and Parks Advisory Board
Boynton Beach, Florida January 23, 2023
• Wellness Wednesday will be this Wednesday at Intracoastal Park, at 6:00 p.m.
This is a Sweat and Swagger dance class that is a partnership with Mind, Body,
Social, and Baptist Health.
• This Saturday, there will be a tree giveaway to Boynton Beach residents at 10:00
a.m. This is a collaborative effort with Kinetic. They will be giving away 200 trees
near the amphitheater.
• Kinetic will be this Saturday, at 10:00 a.m.
Mr. Fagan asked what kind of trees they are giving away.
Mr. Johnson replied there will be two natives and two fruit trees: Guava and Miracle Berry,
and Oak and Live Oak.
Mr. Johnson continued with the events as follows:
• The official grand opening for the Pickleball courts will be held at the Tennis Center
on Saturday, February 4, 2023. There will be a ribbon cutting and some of the City
Officials will participate in an exhibition Pickleball match and there is a Pickleball
clinic. The beginner's clinic starts at 11:00 a.m. and the advanced clinic starts at
11:30 a.m. There will be refreshments and music. The Pickleball courts have been
open about two or three weeks, but this will be the official unveiling to the public.
• The Magic Wheels and Special Deals will be held at the Arts and Cultural Center
upstairs in the event hall on Friday, February 10, 2023. This year's recipient is an
11-year-old named Giovanni. This is a free event and there will be vendors on
hand and there will be a photo wall.
• The Barrier Free 5K will be held at Barrier Free Park on Saturday morning at 7:30
a.m., and Giovanni will serve as the race starter for the event. This is an all
inclusive 5K, so there are run, walk, and roll.
• The Daddy Daughter Dance will be at the Arts and Cultural Center on Saturday,
February 11, 2023.
• The Gold Coast Band will have a concern at the First Baptist Church of Boynton
on February 19, 2023, at 2:00 p.m.
Director Young mentioned Magic Wheels and Special Deals and noted this is the third
year in a row they have received a sponsorship from Joe DiMaggio Children's Hospital;
they are the title sponsor for the event. Ashley Waters from WPTB, Channel 5, will host
the event. Last year, the event was held outside at Centennial Park and this year it will
be indoors at the Arts and Cultural Center. Inclusion vendors will be present for anyone
who needs information. He noted there are volunteer opportunities and anyone who is
interested should contact the Parks and Recreation Department and they will get them
involved.
VIII. Public Audience — None.
IX. Items for the City Manager's Attention
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Meeting Minutes - Recreation and Parks Advisory Board
Boynton Beach, Florida January 23, 2023
Mr. Fagan mentioned that he lives a block away from Centennial Park and there is always
Friday night movies and kids' stuff. This is a great place to live and bring the kids.
Mr. Campbell indicated there are two plots of land near St. Mark's Church by the Towers
on Federal Highway that have been undeveloped for about 50 years, and they are zoned
Commercial. The property, which is about a 1.06-acre parcel, recently went up for sale,
and according to the Tax Collector, it is valued at about $1,150,000. He thinks it is an
ideal location for a children's park. Other businesses in the area are not very successful,
and he feels that a park would increase the value and create more foot traffic. He
requested the City Manager look at the property and he also sent the information to the
Mayor asking him to look into it.
X. Future Agenda Items — None.
XI. Next Meeting — February 27, 2023, at 6:30 p.m.
VII. Adjournment
With no further business to discuss, upon motion duly made and seconded, Acting Chair
Patterson adjourned the meeting at 7:28 p.m.
[Minutes transcribed by C. Guifarro, Prototype, Inc.]
9
7 REGULARS & 2 ALTERNATES Established per Ordinance No. 61-2
Two (Two-year)Terms for Regular members Amended per Ordinance No. 20-016
Two (One-year)Term for Alternates
** Remains seated until position is filled.
2022
RECREATION & PARKS BOARD
MEMBER TERM TERM PHONE/EMAIL PROFESSION
EXPIRES
MONDELLO, Julie, Chair 03/23 1 561-346-9466 Information Security
122 Lancaster Road (33426) Juliemondellop_yahoo.com Project Manager
CONKLIN, Sean 03/24 1 631-560-2227 Palm Beach County
637 NE 6th Ct Apt J (33435) seanxconkling2Mgil.com Government
PIERCE-ROE, Elizabeth (Betty) 03/24 561-436-8420 Self-Employed
VC coupleabuckshuntclubp_gmail.c Realtor/Bookkeeper
637 Oak St (33435) om
PANDEV,Alison 3/25 1 561-212-1479 Accounting
117 Lancaster Rd (33426) agpandevpyahoo.com
VACANT
FAGAN, Eugene 03/22 2 561-385-4514 Architect
101 S. Federal Highway Eugene(a7FaganArchitect.com
Apt 319 (33435)
PATTERSON, Frando 03/23 1 pamfranp_bellsouth.net Director of Testing
and Evaluation
ALTERNATES:
VACANT
CAMPBELL, Geoffrey 3/23 1 864-320-6712 Landscape
221 SE 5th Ave. Apt. B gcampbellp_keithteam.com Architect
33435
CITY EMPLOYEE REPRESENTATIVE: YOUNG, Kacy—Recreation &Parks Director-742-6236
S:\CC\WP\BOARDS\LISTS\2022 Board List\RECREATION&PARKS BD.doo<
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(4„
ORDINANCE NO. 20-016
AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA,
AMENDING AND DELETING VARIOUS ARTICLES AND SECTIONS
OF PART II AND PART III OF THE CODE OF ORDINANCES;
PROVIDING FOR THE CREATION OF CHAPTER 27, "ADVISORY
BOARDS AND COMMITTEES"; PROVIDING A COMPREHENSIVE
UPDATE TO CITY RULES GOVERNING ADVISORY BOARDS AND
�a
1 COMMITTEES; PROVIDING FOR CONFLICTS, SEVERABILITY,
1 CODIFICATION AND AN EFFECTIVE DATE.
1 WHEREAS City of Boynton Beach ("City") staff has been reviewing existing code
l language to assure that the rules and requirements pertaining to City Advisory Boards and
1 Committees, are clear and consistent throughout the Code of Ordinances; and
1 WHEREAS,to promote a higher degree of organization,the Commission supports the
1 elimination of redundancies related to the governance and duties of City Advisory Boards and
i
1 Committees be eliminated; and
1 - WHEREAS, the Commission has determined it is in the City's best interest to
reorganize existing provisions related to governance,membership,and duties of City Advisory
I Boards and Committees by codifying such provisions into one single chapter of the Code of
2 Ordinances; and
2 WHEREAS, the Commission has determined it is in the City's best interest to create
an absence policy for City Advisory Boards and Committees; and
2 WHEREAS, the Commission has determined it is in the City's best interest to create
a policy related to concurrent service on City Boards and Committees; and
2 WHEREAS,the City Commission deems it to be in the best interest of the citizens and
h
2E residents of the City to create Chapter 27, Advisory Boards and Committees, as hereinafter
referenced.
3 NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
3 THE CITY OF BOYNTON BEACH, THAT:
k
3i
Section 1. The foregoing "Whereas" clauses are true and correct and incorporated .
r
3 herein by this reference. „{
3Section 2. Part 11, Chapter Two, "Administration",Article I, "In General", Section �
3 2-16, "City Boards and Commissions: Minimum Qualifications for Appointment and
{00351419.9 306-9001821}
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3 Membership", Section 2-17, "City Boards Appointment of Alternate Members" and Section
3 2-20, "Quasi-judicial proceedings before city commission or city board; procedure for
i
3 reconsideration of decision", of the City's Code of Ordinances are hereby deleted in their
3 entirety and replaced by Chapter 27, "Advisory Boards and Committees."
4 Section 3. Part II, Chapter Two, "Administration", Article IV, Section. 2-60.
4 "Commissions, boards, etc., independent of city commission to follow article" is hereby
ii
4 deleted in its entirety and replaced by Chapter 27, "Advisory Boards and Committees."
4 Section 4. Part 11, Chapter Two, "Administration", Article VII, "Education and
4 Youth Advisory Board", Sections 2-116-123, and Article VIII, "Education Advisory Board",
r
4 Sections 2-126-132, of the City's Code of Ordinances are hereby deleted in their entirety and
lr;
4 replaced by Chapter 27, "Advisory Boards and Committees."
4 Section 5. Part I1, Chapter Two, "Administration", Article IX, "Senior Advisory
i
4 Board", Sections 2-141-147, of the City's Code of Ordinances are hereby deleted in their
4 entirety and replaced by Chapter 27, "Advisory Boards and Committees."
5C Section 6. Part 11, Chapter Twelve, "Libraries", Sections 12-1-6, of the City's'
51 Code of Ordinances are hereby deleted in their entirety and replaced by Chapter 27, "Advisory
5 Boards and Committees." �.
5 Section 7. Part 11,Chapter Sixteen,"Parks and Recreation",Article 1,"In General",
5 - Sections 16-1-5, of the City's Code of Ordinances are hereby deleted and replaced in their
5 entirety by Chapter 27, "Advisory Boards and Committees."
i;
Section 8. Part III, Chapter 1, "General Administration", Article VII,
5 �`,
5 "Administrative and Decision Making Bodies", Section 3, "Planning and Development
51 Board", Section 4, "Historic Resources Preservation Board", and Section 5 '`City
5 Commission",of the City's Land Development Regulations are hereby deleted in their entirety
6 and replaced by Chapter 27, "Advisory Boards and Committees."
6 Section 9. Part III Land Development, Chapter 1, "General Administration",
6 Article VIII, "Appeals" of the City's Land Development Regulations is hereby deleted in its
6 entirety and replaced by Chapter 27, "Advisory Boards and Committees."
6 Section 10. Chapter 27, "Advisory Boards and Committees", is hereby created,
6 which shall read as set forth in Exhibit A.
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6 Section 11. Each and every other provision of the Code of Ordinances of the City
6 of Boynton Beach not herein specifically amended shall remain in full force and effect as ;
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6 previously enacted.
6 Section 12. All ordinances or parts of ordinances in conflict herewith be and the
7 same are hereby repealed.
7 Section 13. Should any section or provision of this ordinance or portion hereof, any
7 paragraph, sentence or word be declared by a court of competent jurisdiction to be invalid,
7 such decision shall not affect the remainder of this ordinance. ,;`
7 Section 14. Authority is hereby granted to codify said ordinance.
7 Section 15. This ordinance shall become effective immediately upon passage. w`
7 Section 16. AIt matters pending before the City boards or committees at the time of
I'.
7y effective date of this Ordinance shall continue unabated and be taken up as scheduled before
71 the respective board or committee.
7 FIRST READING this At-day of 2020.
8
8 SECOND, FINAL READING AND PASSAGE this day of"Y , . , 2020.
8
$ CITY OF BOYNTON BEACH, FLORIDA °
8
8 YES NO
8 Mayor— Steven B. Grant
8 �
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8 Vice Mayor—Ty Penserga
8 ''
9 Commissioner—Justin Katz
9�
9 Commissioner—Woodrow L. Hay ''
9
9 Commissioner—Christina L. Romelust
9
9 ATTEST: VOTE %
9
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9
9 Crystal Gibson, MMCF
10 City Clerk
10
10 (Corporate Seal)
19 IF
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10 EXHIBIT A
10 CHAPTER 27
10E ARTICLE I. IN GENERAL
10
10 Sec.27-1. City boards and committees defined; generally.
10 1. "Board", shall refer to a group of individuals appointed by the City Commission for the
10 purpose of providing advisory assistance to the Commission. No board shall have
11 administrative authority over any department of the City.
111 2. "Committee" shall refer to a group of individuals appointed by the City Commission to
11 provide advisory authority on a single subject or issue matter. The City Commission may
11 establish a sunset date for each Committee. Terms "board" or "committee" may be used
11 interchangeably herein.
11 3. The provisions of Chapter 27, Article I, shall apply generally to all City advisory boards and
11 committees unless stated otherwise within applicable law, Florida Statutes, or the Boynton
11 Beach Code of Ordinances.
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11 4. Retroactive Effect. To the extent permitted by law, all of the provisions within Chapter 27,
11S shall apply to acts and actions occurring or in progress prior to its adoption by the City
12 Commission. All matters pending before the City boards and committees at the time of
121 effective date of this Ordinance shall continue unabated and be taken up as scheduled before
1K the respective board and committee.
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12 Sec. 27-2. Board or committee member selection; organization; qualifications; term.
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121 1.No person shall be appointed to a City advisory board or committee without the person first
12 submitting an application for appointment. All applications for appointment to a City board
12 shall be on a form authorized by the City Commission. The City Clerk shall review all
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12 applications for completeness and qualifying requirements prior to submitting them to the City
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1 Commission for consideration. t
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13 2. Selection of Chair and Vice-Chair. The chairperson and vice-chairperson for each board (i
13 shall be selected by majority vote of the City Commission. Neither the chair nor the vice-chair
13` have fixed terms. The Chair and Vice-Chair shall be annually reappointed. The duties of the
13 chair shall be to preside at all board meetings. The vice-chair shall perform the duties of the
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13 chair in the chair's absence. t
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1 3. Alternates. The City Commission shall appoint (2) two individuals to serve as alternate
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1 members for each board. Alternate members may participate at board meetings in the place of
1 absent board members or recused members, to the same extent as regular members. In the
1 event a vacancy occurs on a board, the alternate shall assume the role of a regular board
i,
1 member for the remainder of the abandoned term or until the City Commission appoints a
1Q replacement regular member, whichever occurs first.
lel 1, a. The term for alternate members shall be for one (1) year.
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1 b. Alternate member appointees may be reappointed.
141 c. Notwithstanding any other provision of City code or procedural rule, no alternate
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19 member of any City board may serve in the capacity of Chairperson, Vice Chair, or
1 Chair Pro-Tem.
14 4. Organization. Generally, City advisory boards and committees shall be composed of seven
1 (7) regular members and two (2) alternate members, except as may be provided for by Florida
1 E Statutes, Special Act or Resolution of the City Commission or elsewhere within the Code of
1 Ordinances of the City of Boynton Beach.
150 5. Quorum. Four(4)members shall constitute a quorum for each advisory board and committee
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151 with seven (7) regular members. Where an advisory board or committee has less than seven �f
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1 (7) regular members, a simple majority of regular members shall constitute a quorum.
1 6. Qualifications.Members serving on advisory boards and committees shall possess sufficient
1EJ knowledge, experience,judgment or background necessary to competently serve the board or
1E5 committee to which they are appointed.
1E 6 (a) In order to qualify for appointment to and to serve as a member of any board or
157 committee of the City, an individual must be an elector of Palm Beach County,
I 1;
15 Florida. �
1 (b) In selecting individuals to serve on boards and committees of the City, preference
1 shall be given to individuals who are residents of the City of Boynton Beach,
1 : provided however, non-residents who own property in the City, own a business
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1E within the City, or serve as an officer, Director or manager of a business located
1E within the City may also qualify for appointment provided they possess
1 Ee qualifications or experience uniquely suited to deal with the subject matter over
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1 which the board or committee has subject matter review or power.
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16 (c) In selecting individuals to serve on boards and committees of the City, preference
16 shall be given to individuals who do not presently serve on one of the City's boards.
16 (d) Concurrent service on City boards and committees shall be permitted only to the
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16 extent necessary. If a board member holds a position on a board that conducts
17 quasi-judicial proceedings" as defined by Section 27-8 herein, such member shall �r
17� not concurrently serve on another advisory board that has similar quasi judicial
17 powers. '
17- 6. Term of Service. In general, all regular member appointments shall be for a two-year period.
17 (a) Commencement of Terms. All advisory board and committee appointments shall
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17 commence at 12:01 a.m. on April 1 and shall be for a period of two (2) years.
17 (b) Expiration of Terms. All advisory board appointments shall expire at 12:00
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17 midnight on March 301h of their second year of appointment, except as set forth in
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17 Section 27-5 herein. The City Commission shall review applicants and fill
17 vacancies on City boards during the month of April following the City's March `
18 Commission elections or as soon thereafter as practicable.
18 (c) The terms of office of the board members shall be staggered so no more than one-
182 third of the board is appointed or replaced in any 12-month period.
18 (d) The current term of all board members whom have been appointed prior to the
18 adoption of Chapter 27 shall continue uninterrupted until the expiration of said
18E term.
18 7. Term Limits.
18 (e) No member shall be appointed for more than two (2) successive terms (original
18 term, plus on additional term). A member who has been appointed to fill an
18 unexpired term shall remain eligible to serve two(2)full two-year successive terms.
19 (f) Upon completion of the maximum allowable two (2) full terms of membership, no
191 member shall be eligible for reappointment to the same advisory board, and
19 committee for a period of one (1) year unless otherwise approved by the
19 Commission.
19 8. Reorganization. In the case of creation of a new board or committee or the reorganization
19� or reconstitution of an advisory board or committee, three (3) members shall be appointed for
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19 an initial term of one year, with the balance of the members being appointed for an initial term y,
19 of two (2) years. Thereafter, all appointments shall be for two (2) years.
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` 19 Sec.27-3. Frequency of meetings
s 20 Unless otherwise stated in Chapter 27, all advisory boards and committees shall meet
20 once a month. Special meetings may be called by the City Manager or board chairman. <<
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20
s 20 Sec. 27-4. Absences.
20e 1. When a member of any advisory board or committee that has regularly scheduled meetings
20 once a month, has missed three (3) regular monthly meetings for any reason within one (1)
20 annual board term, that member will be notified that one (1) additional absence will cause
20 his/her board membership to be terminated. Therefore, the fourth absence shall result in r
20 removal from the board.
20� (a) Those boards or committees that have regularly scheduled meetings more than once
21 a month shall bepermitted to have six(6)absences during anyone(1)annual board
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211 term. The seventh absence shall result in removal from the board by ministerial
21 action of the City Clerk. r
21 2. Excused Absences. A board member,to whom which any of the below mentioned instances
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21e apply, shall submit in writing to the board Chairman, a request for an excused absence or
21E absences. The board Chairman shall have the power to excuse an absent board member. In the
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21E event the board Chairman has excused the absence of one of the board members, the decision
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21 must be mentioned on the record at the applicable meeting.
21 (a) An absence may be excused due to one of the following:
21 i. Personal illness or injury; �r
2 ii. Illness or injury of a family member;
221 iii. Death in the family; 1
2 iv. Emergency;
223 V. Maternity leave; or,
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22 vi. Military service.
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2 Sec. 27-5. Removal; abandonment; vacancy.
li.
2 1. All City board members serve at the pleasure of the City Commission and may be removed
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2 with or without cause a? any time by a majority vote of the City Commission, unless otherwise
2 provided by the Charter or Florida Statutes.
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23 2. Notice of Removal. A notice of removal shall be served upon the City board member who
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23 has been removed upon the direction of a majority of the City Commission. The notice of
23� € 4
removal shall be prepared by the City Attorney and signed by the Mayor, or the City Manager
23 if so directed by the City Commission.
23 (a) Service of Notice. The notice of removal shall be served by personal delivery or by
s 23 ordinary first class mail. Service shall be accomplished as soon as is practicable
23 after the City Commission directs service of the notice of removal or, in the event
23 of Abandonment of Office, after the City Manager or designee issues the notice of
23 removal.
23 (b) Effective Date of Removals.Removal of a City board member shall have immediate
24 effect upon the vote of a majority of the City Commission.
24 (c) A person who is removed from a City board pursuant to the procedures set forth
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24 in this section shall not be subject to reappointment to any City board for a period
24 - of thirty-six (36) months.
24 3.Abandonment. In the event of Abandonment of Office, the notice of removal shall
24 automatically be issued by the City Manager, or designee. Seven unexeused absences shall 1
4
24 constitute abandonment of a board seat.
24 4. Vacancy. The City Commission shall fill any vacancy. Where a vacancy is caused by the
24 resignation or removal of a member prior to the expiration of their term, a member shall be �{
24 appointed to complete the unexpired term only, unless the unexpired term is for a period of
25 time less than six (6) months. In that event the appointed member shall then be allowed to i
25 serve the following full regular term without reappointment.
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25
25 Sec. 27-6. Rules and Procedures.
25` 1. Each board or committee may make and adopt by-laws, rules and regulations for their own
25 guidance and for the government and performance of its duties. Subject to the approval,
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25 supervision and control of the City Commission and not inconsistent with law. !?
25 2. Boards shall keep minutes of its proceedings; record the vote on each question; and, keep
25 E records of its discussions, recommendations, and other official actions.
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25 3. When a board issues an order, the order must be reviewed by the City Attorney's Office
26 prior to issuance. An Order is rendered when signed by the chair and City Clerk.
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261 4. All board meetings shall be open to the public.
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26Sec. 27-7. Powers.
'4 26 1. Nothing in this article shall be construed as restricting or curtailing any of the powers of the C
26 City Commission,or as a delegation to the board of any of the authority or discretionary powers
26 vested and imposed by law in the City Commission. The City Commission declares that public
261 interest, convenience and welfare requires the appointment of the following boards or
26 committees to act in a purely advisory capacity to the City Commission for the purposes set
26 forth in this article. Any powers delegated here to the board to adopt rules and regulations shall
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27 not be construed as a delegation of legislative authority, but purely of administrative authority.
i 27 (a) Compensation. No member of a board or committee shall receive any pay or
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27 compensation for any services rendered as a member of such board.
27 2. Each board shall periodically advise the City Commission of its findings with respect to
A
27 certain matters delegated to each board and shall make recommendations to the City lj
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271 Commission on any matter referred to it within thirty (30) days or within such time as r,
2Z prescribed by the City Commission by specific resolution.
27
27 See. 27-8. Quasi-judicial proceedings before city board; procedure for
27 reconsideration of decision.
28 1. For the purpose of this Chapter, the term "quasi-judicial proceeding" shall mean hearings
281 before the Historic Preservation Board, the Planning Development Board, or the Building
282 Board of Adjustments and Appeals, related to the following specific types of proceedings:
28 variances; rezoning requests; appeals from administrative decisions of the building official or
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284 the planning director; master plan approvals; site plan approvals; modifications of site plans;
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28 relief from code requirements; conditional use approvals; site plan extensions; abandonment
28 . applications; and, other land development matters announced as quasi-judicial hearings.
28 2. Quasi-judicial hearings shall be conducted in a manner which provides all interested parties
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28E with the opportunity to testify, call witnesses, introduce evidence and cross-examine
28S witnesses. Testimony shall be under oath or affirmation. When a proposed development order
29 comes before the City Commission having first been afforded a quasi-judicial hearing before
1
29� a city board,the testimony and evidence submitted to a city board constitutes part of the record
29 of testimony and evidence before the City Commission.
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29 3. No quasi-judicial proceeding shall proceed until proof of notice of the proceeding, in
29 affidavit form, has been filed with the office of the City Clerk. Proof of notice must include ,?
29' the name and address of each property owner to whom notice was mailed and a photograph of
29 each sign posted, as hereinafter required. The following notices must be paid for and provided
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29 by the applicant: l"
29 (a) All property owners, homeowner associations, and condominium associations that
29S own property within four hundred (400) feet of the boundary line of the property
30 which is the subject of the quasi-judicial hearing shall be mailed, by first class mail,
3 1 a notice of hearing postmarked no less than ten (10) calendar days prior to the 1i
3 hearing.
3 E (b) One (1) sign for each street frontage of the property shall be posted no less than ten
3 (10) days prior to the hearing. The sign shall be legible from a distance of one
30 hundred (100) feet and shall contain a description of the approval being sought,the
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30 date, time and location of the hearing, and a statement that the application being r
301 considered is available for inspection in the Development Department of the city.
3 (e) When a quasi-judicial hearing is tabled or continued at the request of an applicant,
30 re-notice of the hearing shall be provided by the applicant in the same manner as t'
31original notice.
311 4. The City Commission may reconsider its decision arising from a quasi-judicial proceeding
31 only upon a motion to reconsider made at the meeting at which the decision was rendered or
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31 during the next regular City Commission meeting. No quasi-judicial decision shall be s
31 considered final until the conclusion of the next City Commission meeting, or if a motion to
31 reconsider has been made and passes, the conclusion of the reconsideration of the matter, and
31 the entry of a written order approved by the City Attorney and signed by the City Clerk.
31 (a) When a motion for reconsideration is made and approved at the Commission
31 meeting at which the decision was rendered, the Commission may immediately '
31 reconsider the matter before them or,the Commission may reconsider the matter at
d
32 a later time :ertain which shall be announced, at the meeting, to the applicant and
32 the public. No additional notice of the matter shall be necessary.
3 (a) When a motion for reconsideration is made following the close of the Commission
3 meeting at which the decision is made, only the motion to reconsider shall be heard
3; at the next regular City Commission meeting. If the motion to reconsider is adopted
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32 by the Commission,the matter which is the subject of the motion to reconsider shall
32 be placed on the next regular City Commission meeting agenda. The agenda item
32 shall be noticed in the same manner as the notice provided when the item was
32 originally considered.
32 (b) Any board may reconsider its decision arising from a quasi-judicial proceeding only
'4 33 upon a motion to reconsider at the meeting at which the decision was rendered.
33 $
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33 Sec. 27-9. Boards and committees to follow CCNA.
33e Any city boards or committees and the like which have purchasing authority independent of
33 the City Commission, the purchases of such bodies which are subject to the Consultants'
33 Competitive Negotiation Act ("CCNA") shall be processed in accordance herewith; however,
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33 the board or committee, or the like will itself perform the functions set forth herein that are 3
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33 otherwise applicable to the City Commission.
33
34C See. 27-10—27-19. Reserved.
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34
34 ARTICLE II. BOYNTON BEACH ART ADVISORY BOARD
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34 See. 27-20. Membership.
34e Appointees to the Art Advisory Board shall be residents or business owners preferably
34E with the following background: artist, art volunteer/activist; planner; private developer;
34E architect; neighborhood association member; interested citizen.
34
34 See. 27-21. Intent.
34 I. It is the intent and purpose of this article to further the commitment of the city to the
4,
35 aesthetic, historical, cultural and economic enrichment of the community through the creation
351 of works of art so that citizens and visitors to the city are afforded an opportunity to enjoy and
35 appreciate works of art. The requirements of this article shall be construed to promote the
35 aesthetic values of the entire community and to encourage the preservation and protection of
35 works of art.
35 2. This article shall be known and cited as the "Art in Public Places Program."
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35 I 3. Ownership. Unless otherwise expressly agreed to in writing by the city, ownership of all art
35 acquired through expending funds in the Public Art Fund shall be owned by the city according
35 to the Art Advisory Board's Recommendations and Guidelines.
35
36 See. 21-22.Definitions. r
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36 1. For the purposes of this section, the following words and phrases shall have the following
36 meanings:
36 (a) "Artist" or "Professional Artist" means a practitioner in the visual arts, generally
36 _ recognized by critics and peers as a professional of serious intent and ability.
36 Indications of a person's status as a professional artist include, but are not limited
36 to, income realized through the sole commission of artwork, frequent or consistent
36 art exhibitions, placement of artwork in public institutions or museums, receipt of
C
" 36 honors and awards, and training in the arts.
36 (b) "Art", "Artwork", or"Works of Art" means tangible creations by artists exhibiting
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37 the highest quality of skill and aesthetic principles and includes all forms of the
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37 visual arts conceived in any medium, material, or combination thereof, including,
37 but not limited to,paintings,sculptures,engravings,carvings,frescos,stained glass,
37 mosaics, mobiles, tapestries, murals, photographs, video projections, digital
37 images, bas- relief, high relief, fountains, kinetics, collages, drawings, monuments
37 erected to commemorate a person or an event, functional furnishings, such as artiste
37 designed seating and pavers, unique or original architectural elements, and artist
371 designed landforms or landscape elements. The following shall not be considered I
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37 artwork or works of art for purposes of this article:
37 i. Reproductions or unlimited copies of original artwork.
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38 ii. Art objects, which are mass-produced. { i
38 iii. Works that are decorative, ornamental, or functional elements of the
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I38 architecture or landscape design, except when commissioned from an artist
38 or designed as an integral aspect of a structure or site.
38 (c) "Building" means any structure that encloses space and is used or built for the
38E shelter or enclosure of persons, businesses, chattel or property.
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38 (d) "Development" means any construction, or redevelopment, or structural alteration g
38 of any private or public building within the limits of the city.
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38 (e) "Arts Commission" or"Art Advisory Board"means the advisory board established
38 by the City Commission pursuant to Ordinance 01-64, renamed to Arts Advisory
39 Board in Ordinance 2020-XX.
39, (f) "Public Art Fund" means a separate, interest bearing account set up by the city to w'
39 receive monies for the Art in Public Places Program. v
39 (g) `Remodeling or conversion" means alterations made to a building within any
39 1 twelve month period, including, but not limited to, changes to the facade of a '
39 building, changes to the interior of a building, increases or decreases in the floor i
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39 area of a building and changes to exterior improvements. '
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39 (h) "In-fill Housing" means new residential units on parcels less than five (5) acres
39 p approved P P y y
that are not art of an a roved Tanned unit development as defined b the cit
39 land development regulations.
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40 Sec. 27-23. Art Advisory Board Meetings.
40 1. The Art Advisory Board shall meet at an appropriate place and shall arrange a time for
1
40 holding regular meetings of the Art Advisory Board, and for such other meetings as shall be
40- necessary, and it may add to such rules of organization, regulation and procedure as it may
40E deem necessary and determine the duties of its members and officers.
406 2. The Boynton Beach Art Advisory Board shall function and operate as outlined in the City
40 , of Boynton Beach's Ordinance No. 01-64.
40
40 Sec. 28-24 Purpose and Duties.
41 1. The purpose of the Art Advisory Board is to advise the City Commission on matters related
1
41il to the arts, to develop a plan and programs to promote and support art in public places, and to
412 recommend guidelines and funding for implementation. It shall be the duty of the Art Advisory `
41 Board to act as an advisory board to the City Commission in providing advice on matters
41 relating to the visual arts.
41E 2. The Art Advisory Board may recommend funding sources including private sources and
41 grant funds; encourage public and private partnerships in the arts; review and make �r
411 recommendations on proposals for art work for public buildings and public spaces; encourage
419 the flow of art into the City; stimulate art related activities and events; study issues related to "
41S art and implement art programs as delegated to it by the City's Commission from time to time.
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42 3. The Art Advisory Board shall periodically advise the City Commission of its findings or
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4211 proposals with respect to the foregoing issues and make recommendations to the City
42 Commission on any matter referred to it within as much time prescribed by the City
>>' 42 Commission.
42 4. The Art Advisory Board shall have the following additional powers and duties:
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42 (a) Recommend to the City Commission adoption of Art in Public Places Program
42 Guidelines and amendments thereto;
42 (b) Recommend to the City Commission adoption of a Public Art Master Plan
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42� identifying locations for public artworks and establishing a priority order;
42 (c) Recommend to the City Commission authorization of expenditures for maintaining
43 and implementing the Art in Public Places Program;
{' 43 (d) Recommend to the City Commission other expenditures of the Public Art Fund
43 such as hiring staff and services to run the Art in Public Places Program;
43 (e) Exercise their authority to approve, approve with conditions or disapprove °
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43e proposed installation of artwork based on Art in Public Places Program Guidelines;
43E and
43 (f) Advance, through education and communication, the Art in Public Places Program
43�i Guidelines. The guidelines are attached to Ord. No. 05-060 as Exhibit "A". s
43
43 Sec. 27-25. Establishment of public art fee.
4 1. All development, redevelopment, reconstruction or remodeling projects commenced after
4 the adoption of this article which have a construction value of$250,000.00 or greater, shall
1
4 participate in the Art in Public Places Program by paying a public art fee. For the purpose of i
4 this section, a project will be considered "commenced" when an application for review is first
4 1 submitted to the city's Development Department. The public art fee shall be equal to one
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41 percent (1%) of construction value of the project. The Building Division/Finance Department
44 shall administer the billing and collection of the thirty percent(30%)or(.03)of the one percent
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4 (1%)of the public art fee at the time of Building Permit issuance and the seventy percent(70%)
44 or (.07) of the one percent (1%) prior to and as a condition of issuance of the certificate of
44S occupancy that includes the public art. One hundred percent (100%) of the public art fees
45, collected are to be allocated to the Public Art Fund. All distributions for the Public Art Fund
451 require the recommendation of the Art Advisory Board prior to City Commission approval.
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4 2. The following types of projects are exempt from the payment of the public art fee:
4 (a) Remodeling, repair or reconstruction of structures damaged by fire, flood, wind,
4 earthquake or other calamity determined by the City of Boynton Beach Building
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4 Official.
4 b The percent of the project dedicated to affordable housing as defined by the City of
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4 - Boynton Beach.
4 E (c) All projects which were submitted prior to or on October 5, 2005, notwithstanding any
4 subsequent request for site plan extension. 1
4 (d) Single-family and two-family in-fill housing.
4 1 (e) Normal, routine maintenance including replacement of existing damaged or failing
46 structural or non-structural elements, HVAC, plumbing, electric, or fire
4detection/suppression equipment of a project not associated with an addition
46 renovation or new construction.
4 (f) Remodeling, repair, reconstruction, or additions made after October 5, 2005 to any
46 6 existing amenity, clubhouse, building, pool, park, playground and/or common area
46 7 element located within an existing private residential development. This specific
4 E exemption applies retroactively to October 5, 2005.
4 3. Project owners required to participate in the Art in Public Places Program may obtain �
4 reimbursement up to seventy percent(70%) of collected art fee if the following conditions are Ir
4 1 met:
4 (a) The owner of a development agrees to follow the Art Advisory Board's
4 recommendations to develop the art in the project; and
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4 (b) Prior to placement on the development site, has the artwork approved by the Art
4 Advisory Board to insure that the artwork will be accessible and readily visible to the41
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4 public based on location of artwork and normal traffic of vehicles/pedestrians in the
4 proposed location; and
4 (c) Select an artist directly to execute a project that meets specific criteria outlined by the
4 9 recommendations and guidelines document provided by the Art Advisory Board or
4 0 hire a professional consultant to select artists to commission site- specific, �
4 1. architecturally integrated artworks that meet specific art guidelines criteria outlined by
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4 - the recommendations and guidelines document provided by the Art Advisory Board;
4 or purchase artworks for permanent installation recommended by the Art Advisory is
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4 Board; or elect to purchase an existing artwork or commission an original artwork for
4 donation as a gift to the City of Boynton Beach's public art collection.
4 c
t 4 Sec. 27-26. Public Art Fund.
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4 1. There is hereby created a Public Art Fund administered by the Art Advisory Board.
4E Funding shall consist of all contributions received from art fees for development and
4S redevelopment. Contributions shall include one percent (1%) of construction value on
1;
4S projects exceeding $250,000.00, any cash grants and donations to the city for public art
4SI projects from governmental or private resources, and all other funds allocated by the city
4S through the budgetary process for the provision of public art.
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49Z 2. Expenditures from the Public Art Fund shall include but not be limited to expenses
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4 associated with the selection, commissioning, acquisition, transportation, maintenance,
4 public education, promotion, administration, program marketing, documentation, removal
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4 and insurance of the works of art or in relation thereto. The Art Advisory Board can c
4 E recommend to the City Commission expenditures from the funds in furtherance of the Art
4 in Public Places Program.
5th 3. Disbursements of the public art fee shall be seventy percent (70%) to the construction of
5 1 art in a given project and thirty percent(30%) for the administration of the Art in Public
5 Places Program and a(endowment or reserve fund) for future work as described in the Art
5C Advisory Board's Guidelines and Recommendations.
5 '
5C Sec. 27-27. Art Advisory Board's Guidelines and Recommendations.
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5C 6 1. The Art and Artist selection criteria shall be in compliance with the Art Advisory Board's
5C 7 Guidelines and Recommendations.
5 E 2. Guidelines. The Art Advisory Board shall prepare and from time to time recommend to the
5 City Commission revisions to the Art in Public Places Program Guidelines and make the same
5] available to the public, which shall provide guidance for program organization; organizational
5 governance and staffing responsibilities; procedures for project planning; artist selection; art
5 selection criteria; art placement criteria; donations; loans and memorials; collection
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51 management; and administration of the Public Art Fund. I
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511 3.Location Plan. The Art Advisory Board shall prepare, and from time to time revise, a Art in
51 Public Places Program Location Plan that identifies locations and criteria for public artworks
` 51 and establishes a priority order.
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51E See. 27-28—27-32. Reserved.
51
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52 ARTICLE III. BOYNTON BEACH LIBRARY BOARD
521 See. 27-33. Purpose and Duties.
52 1. Subject to the control and direction of the City Commission, the Library Board:
{ 52 (a) Shall act in an advisory capacity (non administrative) to the City Commission, to h
{
1 52 assure representation of the ideas of citizens and taxpayers of the City relative to
52 I the function and operation of municipal libraries and reading rooms in the City,and �F
520 such advisory assistance shall include, but not be limited to, recommendations ;f
5 relative to control of expenditures of moneys collected or donated to the credit of �!
i
52E any municipal library in this City, and the supervision, care and custody of the
5 grounds, rooms, property and buildings constructed, leased or set aside for
5 municipal library purposes. y.
53 (b) Shall make recommendations for the appointment of a suitable librarian and
5J, assistants and their respective rates of compensation; establish regulations for the N
4s
5 government and control of any municipal library as may be deemed necessary for ;
5 its preservation and to maintain its usefulness and efficiency; fix and impose by
5 general rule.,penalties and forfeitures for failure to return any book or for violation
i
5 of any by-laws or regulations of the board.
5 c Shall annually In an advisory capacity assist the City manager in preparing a budget
53 for the maintenance and expansion of municipal library facilities.
5 (d) Shall keep records, inventories and accounts, budgetary or otherwise, of all of the
54 activities of the board and the municipal library system and make reports to the City
5 Manager and the City Commission relative thereto annually or whenever requested
54 to do so by the Commission.
54
5 27-34—27-38. Reserved.
54
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54 ARTICLE IV. PARKS AND RECREATION BOARD €
54 27-39. Powers and duties.
543 1. Subject to the control and direction of the City Commission,the Parks and Recreation Board: �
r �
54 (a) Shall act in an advisory capacity (non-administrative) to the Recreation and Parks
55)1 Department, to assure representation of ideas of citizens who are interested in
55 promoting better recreation and park facilities and programs for the City. Such
{ C
55� advice shall include but not be limited to site locations, development, supervision
55 and maintenance of public recreation and parks of the City.
f
55 (b) May acquire by gift or donation, any property for public recreation or park
j 55 purposes.Any gifts or donations acquired shall go through the Recreation and Parks
5551Department and shall become the property of the City, and title of any real property
557 so acquired shall be taken in the name of the City. E
55
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57 Sec. 27-46. Purpose and Duties.
57 1. The Senior Advisory Board shall assist the elderly in:
58 4 (a) Setting up a retired senior volunteer program known as RSVP to provide services r'
58 for the homebound; '
h
58 (b) Seeking federal and state grants to provide for services;
i
58 (c) Monitor and lobby for legislation regarding the elderly; ('H
58, (d) Make arrangements for the medical mobile unit already in operation in Palm Beach
6
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58 � County to bring it to the City of Boynton Beach; � zY
585 (e) Provide a pamphlet of available programs for seniors;
587 (f) Provide a speakers bureau, workshops and educational meetings on topics of
583 interest for seniors;
58 (g) Recommend free legal programs and banking services for the homebound; s
59 (h) Provide recreation and social programs.
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59
59 Sec. 27-47 —27-51. Reserved. t`
5931 ARTICLE VI. EDUCATION AND YOUTH ADVISORY BOARD
it
59
595 Sec. 27-52. Created.
590 The City Commission, in accordance with the powers vested in it, merged the Children
C
59 and Youth Advisory Boards and the Education Advisory Board and established the Education '
59 and Youth Advisory Board. All powers, duties, and responsibilities of the Education Advisory °
59 Board shall survive and be deemed merged and consolidated with the powers, duties and
60 responsibilities of the Children and Youth Advisory Board. All previous actions of the V
60t Education Advisory Board shall survive this consolidation unless specifically revoked by the
60 Children and Youth Advisory Board.
f�
60
60 See. 27-53. Organization.
60 The Children and Youth Advisory Board shall comprise seven (7) permanent members, u
60 two (2)alternate members and three (3) student members. The three (3) student members shall
4,
60 be appointed for a period of one (1) year.
60
t
60 Sec. 27-54. Purpose and Duties. '
a
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611 1. The Education and Youth Advisory Board shall assist the City and local schools in:
61 (a) Development of programs that promote ongoing relationships with caring adults
61 and the recruitment of volunteers to assist students before, during and after school.
61 (b) Formulation of long and short range programming to benefit the children and youth
}
61 of the community by involving parents, the business community, civic and
6151neighborhood organizations, including volunteer recruiting for before and after
61 local school programs.
61 (c) Contact community groups and businesses within the geographical boundaries of
`
6181Boynton Beach for professional skills, materials,financial or education support for }
61 the schools and with the purpose of implementing programs at local schools that
62 benefit students from Pre- K through grades 12 and vocational schools.
{
62 . (d) Development of incentives and enhancements to encourage the development of safe 2
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62 places, including improved playgrounds at or near local schools and structured
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62 activities during non-school hours.
i
62 (e) Coordinating with City's parks and recreation department to improve playgrounds
62 at or near local schools.
62 (f) Identification and dissemination of information on local, county, state and federal
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62 programs that provide beneficial services to children and their families.
62 (g) Developing strategies for communicating with the School Board of Palm Beach
62 County and its staff,advising the City Commission as to the activities of the School
63e Board, and other federal, state and local legislative bodies which affect the needs
63 of students, within the city.
63 i. Developing recommendations to the City Commission for forwarding to the
i
63 School Board of Palm Beach County regarding actions which may be taken
63 in support of schools in Boynton Beach and with respect to proposed
63 legislation at the state level. (,
i
63 (h) Development of child and youth advocacy programs.
63 (i) Developing public relations that highlight successful programs within the schools
63 to help improve their image in conjunction with local media.
63 0) Coordinating with the local police department to improve safety for students before,
64 during and after school, and to promote and enhance the relationship between
is
641 children and local police.
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64 u;
643 Sec. 27-55—27-59. Reserved.
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64 '
64_ ARTICLE VII. PLANNING & DEVELOPMENT BOARD
645 Sec. 27-60. Membership.
647 1. In appointing members to the Planning and Development Board, the City Commission shall
643 give preference, when possible, to resident professionals such as urban planners, developers,
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64 realtors, and design professionals licensed in the disciplines of architecture, landscape
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65 architecture, and civil engineering.
h
65 2. Should a member of the Planning and Development Board move outside the City limits,the
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65 member shall become disqualified, and a new member shall be appointed by the City
65 Commission.
65
65 Sec. 27-61. Functions, Powers, and Duties.
65 1. The Planning and Development Board shall act in an advisory capacity to the City 4
65 Commission by conducting investigations and holding public hearings regarding the
65 following:
65 (a) Ordinances, regulations, and other proposals promoting orderly development along
yl
66 lines indicated as desirable by the Comprehensive Plan;
66 (b) Proposed developments and determination of conformance to the principles and
66 requirements of the Comprehensive Plan and Land Development Regulations;
66 (c) Changes or amendments relating to the boundaries of the City, its zoning districts,
i-
661 or future lard use map classifications;
66 (d) Changes or amendments to the text of the Comprehensive Plan or Land
66 Development Regulations;
I
66 (e) Other duties which may be lawfully assigned to it, or which may have a bearing on
I,
66 the preparation or accomplishment of the plan;
66 (f) Project designs, aesthetics, quality, and impact upon the value of property and the
67 physical environment of the City; and
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67 (g) The promotion of sustainable development activities.
67
67 Sec. 27-62. Meetings.
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67 1. The Planning and Development Board shall meet on the fourth Tuesday of each month
67 unless otherwise rescheduled in connection with holidays, planned absences, or at other such
67 times as the chairperson may determine.
67 (a) On behalf of the board, the City Clerk shall keep minutes of its proceedings,
67 showing the vote of each member on each question, or if absent or abstaining,
67 indicating such fact.
i
x' 68 (b) No member shall abstain from voting unless he or she has a conflict of interest
t
68 pursuant to the provisions contained herein or in accordance with F.S.Chapter 112.
x 68 (c) The records of the board shall be filed in the office of the City Clerk and shall be
68 public records.
68
68 Sec. 27-63. Review of Applications.
68 1. Staff shall review each of the following types of applications and requests and make a
a 68 recommendation to the Planning and Development Board, who shall have the authority and
1, t
68 duty to hear and make recommendations to the City Commission:
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68 l (a) annexation; r
r 69 (b) Comprehensive Plan amendments;
I 69 e conditional use; rezoning;
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69 (d) Master Plan (new);
t 69 (e) major Master Plan modification;
69 (f) Site Plan;
69 (g) Site Plan time extension;
j 69 (h) Major Site Plan modification;
69 (i) Vacation and abandonment;
693 Master Site Plan (new);
69 (k) Major Master Site Plan modification;
r 70 (1) Use approval; Waiver(in PID); a
r 70 (m)Community Design Appeal;
70 (n) Height exception;
70 (o) Variance to Land Development Regulations; and,
70 (p) Wireless communication facilities (WCF).
70
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70 Sec. 27-64. Action. 41
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707 1. No action of the Planning and Development Board shall be considered a final action of the
70 City until ratified by the City Commission. The procedure for ratification shall be as follows: ti
70 (a) All matters which have been reviewed and acted on by the board shall be
71 summarized in writing as a proposed development order. The form of the
71 proposed development order shall be approved by the City Attorney.
71 (b) All proposed development orders shall be submitted to the City Commission at
71 a regular City Commission meeting following action by the board. When a
71 legislative item, such as a land use amendment, is consolidated with a quasi-
4
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71 judicial item, such as a rezoning, both items shall proceed using the quasi-
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71 judicial process, but consolidation shall not alter the legal standard for review,
71 or the burden of proof. ;
71 (c) The City Commission may table a proposed development order to ensure that
71 proper notice and opportunity to be heard is provided to the applicant, the
a,
72 public, and any other interested parties. All documents and evidence that were
72 submitted to the Planning and Development Board constitute part of the record
72?- of the proceeding before the City Commission and it is presumed that the City E
723 Commission accepted and considered the documents and evidence in its
721 consideration of the issues before the Commission. �a
72- (d) Following approval of a development order by the City Commission, the City J
72 Clerk shall date and sign the development order and issue it as a final order.
72
72 Sec.27-65. Terms and Definitions. C�
72 See Part III, "Land Development Regulations", Chapter 1, "General Administration", Article
73 II, for all applicable terms and definitions which pertain to the regulations and standards
73 contained herein.
o.
73
73 Sec. 27-66—27-70. Reserved.
73
y
73 ARTICLE VIII. HISTORIC RESOURCES PRESERVATION BOARD
i
73 ,,
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73 Sec. 27-72. Membership.
r {00351419.9 306-9001821) 1
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7313 1. Where possible, a minimum of two(2) members shall be chosen from among the disciplines
739 of architecture, history, architectural history, archaeology, landscape architecture or planning.
74 A minimum of three (3) additional members of the board shall be experienced in the areas of
17
74 commercial development, real estate, banking or law. The two (2) remaining members shall
s
74 be citizen members at large. 1
74 (a) All members shall have demonstrated a special interest, experience or knowledge _
74 in historic p.eservation or closely related disciplines.
Ij
74 (b) Persons serving on the board are encouraged to attend educational meetings or
74 workshops to develop a special interest, expertise, experience or knowledge in
747 preservation, architecture, or quasi-judicial boards.
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74 - (c) The City may appoint a professionally qualified historic preservation planner to
74 advise and assist the board, carry out delegated responsibilities, and undertake the
75 � requirements for Certified Local Government certification.
75
75 Sec. 27-73. Meetings.
75 1. The board shall hold a minimum of four(4) meetings per year at regular intervals. All
ill
75 meetings of the board shall be publicly announced and will have a previously advertised
75 agenda. The meetings shall be open to the public.
75 (a) Planning and Zoning staff shall attend all meetings, acting in an advisory capacity
757 and participating fully in board discussions, but having no right to vote.
75 (b) Summary minutes will be prepared and made available to the public after
75 adoption by the board.
G
76
76 . Sec. 27-74. Powers and Duties.
76 1. The board shall have the following powers and duties within the incorporated City limits of k
l
76 Boynton Beach, Florida: 1
76 (a) The Historic Resources Preservation Board shall act in an advisory capacity to the ,
76 City Commission and shall provide recommendations to the City Commission
76 regarding the following:
'i
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76 i. Nomination of properties and districts to the National Register of
76 Historic Places,as a required duty of being a certified local government.
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76 ii. Nominations of properties and districts to the Boynton Beach Register
't
77 of Historic Places.
77 iii. Adoption, modification, or replacement of a Design Guidelines
77 Handbook.
77 (b) To hold public hearings and to approve or deny applications for certificates of
77 appropriateness or certificates of economic hardship affecting proposed or
a.
77 designated properties or properties within districts;
77 (c) To advise and assist owners of properties on physical and financial aspects of ;r
77 preservation, renovation, rehabilitation and reuse, and on procedures for inclusion (`
77 in the National Register of Historic Places;
77_ (d) To call upon available City staff members as well as other experts for assistance
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78 and/or technical advice;
78 (e) To authorize a member of the board to testify before a board or committee on any
;?
78 matter affecting historically, culturally, archaeologically, and architecturally
I,s
78 significant properties and resources;
78 (f) To confer recognition upon the owners of properties and districts by means of
781 certificates, plaques or markers; i }
78 (g) To recommend amendments or changes to these Regulations; r
78 (h) To inform and educate the citizens of the City concerning the historic, cultural,
xt
78 archaeological, and architectural heritage of the City; and
78 (i) To participate in survey and planning activities of the Certified Local Government; j
4v
79 (j) To coordinate with the State of Florida's Division of Historical Resources Certified
79 Local Government program by satisfying the following requirements:
�q
79 i. The State Historic Preservation Officer shall be given thirty (30) s:
791 calendar days prior notice of all meetings and within thirty (30) days ;
79 f,)Mowing such meetings shall be provided with the minutes and record t
79 of attendance of the Historic Resources Preservation Board and the
79 public.
79 ii. The State Historic Preservation Officer shall be notified of any changee
79 of Historic Resources Preservation Board members within thirty (30)
79 days of their appointment.
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80 iii. Notify the State Historic Preservation Officer immediately of all new
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80 historic designations or alterations to existing designations.
a
802 iv. Submit amendments to the ordinance to the State Historic Preservation
80B Officer for review and comment at least thirty (30) days prior to
804 adoption.
80 V. Submit an annual report by March 1 covering activities of the previous
80i October 1 through September 30 and shall include the following �
80 information:
y;
80 A. A copy of the Rules of Procedure; r
80 B. A copy of the Historic Preservation Ordinance;
s
81 C. Resumes of the Historic Resources Preservation Board members;
811 D. Changes to the Historic Resources Preservation Board
812 membership; i
81 E. New local designations and National Register listings;
i]
1
81 F. A review of survey and inventory activity with a description of the
81 system used; r
81 G. A program report on each grant-assisted activity; and
81 H. Number of projects reviewed.
81 (k) To undertake any other actions or activity necessary or appropriate to the
�4
81 implementation of its powers and duties or to implementation of the purpose of
82 these Regulations.
I,
82 j
82 See. 27-75—27-79. Reserved.
82 }
821 ARTICLE IX. BUILDING BOARD OF ADJUSTMENTS AND APPEALS �ak
82
82 See. 27-80. Powers and duties.
82 Pursuant to Section 553.80, Florida Statutes, as may be amended, the Florida Building
82 Code, and the Boynton Beach Administrative Amendments of the Florida Building Code, the
82 Building Board of Adjustments and Appeals shall have the power,as further defined in Section
l:
83 113.4, of the Boynton Beach Administrative Amendments of the Florida Building Code, to
831 hear appeals of decisions and interpretations of the building official and consider variances of
i
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83 . the Florida Building Code and other technical codes. See Boynton Beach Administrative
83 Amendments to the Florida Building Code 6th Edition (2017).
.a
83
83 Sec. 27-81. Secretary of board.
,4
83 The building official or his/her authorized representative shall act as secretary of the board
83 and shall make a record of all of its proceedings, which shall set forth the reasons for its
83 E decision, the vote of each member, the absence of a member, and any failure of a member to
83 vote.
i
84 s
84 Sec. 27-82. Membership. �rt
84 Board members shall be composed of individuals with knowledge and experience in the t
84 technical codes to include, to the greatest extent possible, an architect, engineer, general
84 contractor, electrical contractor, HVAC contractor, plumbing contractor, and any other
84 contractor licensed category. In addition to the regular members, there should be two alternate
84t members, one member with the qualifications referenced above and one member at large from �4
84 the public.
84 E ;r
84 Sec. 27-83. Appeals.
85 1. Decision of the building official. The owner of a building, structure or service system, or
C
85 duly authorized agent, may appeal a decision of the building official to the Building Board of <
85 Adjustments and Appeals whenever any one of the following conditions are claimed to exist:
85 (a) The building official rejected or refused to approve the mode or manner of
85 construction proposed to be followed or materials to be used in the installation or
t
85 alteration of a building, structure or service system.
1,
85 (b) The provisions of this code do not apply to this specific case.
85_ (c) That an equally good or more desirable form of installation can be employed in any
85 specific case, which the building official has rejected or refused.
85 (d) The true intent and meaning of this code or any of the regulations hereunder have �
i7
86 been misconstrued or incorrectly interpreted.
86
86 Sec. 27-84. Variances.
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86 I. The Building Board of Adjustments and Appeals, when upon written request, has been so
86 appealed to and after a hearing, may vary the application of any provision of this code to any �s
86 particular case when, in its opinion, the enforcement thereof would do manifest injustice and
86 - would be contrary to the spirit and purpose of this or the technical codes or public interest, and
ti
86 also finds all of the following: �.
86 (a) That special conditions and circumstances exist which are peculiar to the
86 building, structure or service system involved and which are not applicable to
87 others.
�4
87 (b) That the special conditions and circumstances do not result from the action or
872 inaction of the applicant.
87-31 (c) That granting the variance requested will not confer on the applicant any special
874 privilege that is denied by this code to other buildings, structures or service
87 system.
87 (d) That the variance granted is the minimum variance that will make possible the
87 - reasonable use of the building, structure or service system.
87 (e) That the grant of the variance will be in harmony with the general intent and
87 purpose of this code and will not be detrimental to the public health, safety and
88 general welfare. �G
f
88
8K Sec. 27-85. Conditions of the variance. In granting the variance, the board may prescribe a
it
88 reasonable time limit within which the action for which the variance is required shall be
88 commenced or completed or both. In addition, the board may prescribe appropriate conditions
>
88 and safeguards in conformity with this code. Violation of the conditions of a variance shall be
88 deemed a violation of this code.
88
88 . Sec. 27-86. Notice of appeal. Notice of appeal shall be in writing and filed within 30 calendar
88 days after the building official renders the decision. Appeals shall be in a form acceptable to
89 the building official.
I
89
89 Sec. 27-87. Unsafe or dangerous buildings or service systems. In the case of a building,
893 structure or service system, which in the opinion of the building official, is unsafe, unsanitary
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89 or dangerous,the building official may, in the order, limit the time for such appeals to a shorter
89 period.
ii
89 is
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89 Sec. 27-88. Procedures.
89 1. Rules and regulations. The board shall establish rules and regulations for its own procedure
89 not inconsistent with the provisions of this code. The board shall meet on call of the chairman,
90 subsequent to a request to call a meeting by the secretary. The board shall meet within 30
�r
90 : calendar days after notice of appeal has been received.
90 (a) Rules of Evidence. Formal rules of evidence shall not apply, but fundamental due
90 process should be observed and govern the proceedings. Upon determination by the
90 chairman, irrelevant, immaterial or unduly repetitious evidence may be excluded, but Vf
a:
90 all other evidence of a type commonly relied upon by reasonable, prudent persons in 5
s
90 the conduct of their affairs shall be admissible, whether or not such evidence would be
90 admissible in a trial in the courts of Florida. Any part of the evidence may be received
i
90 in written form. The board may request certain evidence from the petitioner to be
90 provided by an architect or engineer registered in the State of Florida, in which case,
91 said evidence shall be signed, sealed, and dated.
91- (b) Testimony. Any member of the board or the attorney representing the board may r
91 inquire of, or question, any witness before the board. Any member of the board, the
i
91 petitioner or his/her attorney, and/or the building official shall be permitted to inquire
91 of any witness before the board. The board may consider testimony presented by the
91 building official, the petitioner, or any other witness.
91 2. Decisions. The Building Board of Adjustments and Appeals shall, in every case, reach a
91 decision without unreasonable or unnecessary delay. Each decision of the board shall also
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91 include the reasons for the decision. If a decision of the board reverses or modifies a refusal,
91 order, or disallowance of the building official or varies the application of any provision of this
92 code, the building official shall immediately take action in accordance with such decision.
n
92 Every decision shall be promptly filed in writing in the office of the building official and shall
9212 be open to public inspection. A certified copy of the decision shall be sent by mail or otherwise
k
92 to the appellant and a copy shall be kept publicly posted in the office of the building official
92 for two weeks after filing. Every decision of the board shall be final; subject however to such
fi
92 remedy as any aggrieved party might have at law or in equity. P,
00351419.9 306-9001821)
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9 3. Local Construction Regulation Board. The local government may also utilize this Board to
9 convene as the Local Construction Regulation Board (LCRB), as provided in Florida Statute
9 489.113. The LCRB may deny, suspend, revoke or limit the authority of a certified contractor a
9 to obtain a building permit or permit with specific conditions, if the LCRB has found such
9 contractor, through public hearing, to be guilty of fraud or a willful building code violation
4;
9 within the county or municipality that the LCRB represents. The LCRB may also, deny,
9 suspend, revoke or limit the authority of a certified contractor to obtain a building permit or
91 permit with specific conditions, if it has proof through the public hearing process, that a g i'
9 contractor has been found guilty in another county or municipality within the past 12 months,
9 of fraud or a willful building code violation and after providing notice of an opportunity to be
9 heard to the contractor, finds that such fraud or violation would have been fraud or a violation E
5,
9 if committed in the county or municipality that the LCRB represents. Notification of and
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9 information concerning such permit denial shall be submitted to the division within 15 days
93 after the LCRB decides to deny the permit.
9
9 _ Sec. 27-99. City Commission.
1
9 1. Local Planning Agency. The City Commission is hereby designated as the city's local
9 planning agency to act on behalf of the city under the terms and provisions of the local
l
9 government Comprehensive Planning Act, having the general responsibility for overseeing a
9 � comprehensive planning program and the preparation and amendment of the Comprehensive
9 6 Plan or elements or portions thereof applicable to the areas under the jurisdiction of the city as ti
9 provided in said Act.
s
9 2. Finality and Revie-N. All decisions of the Planning and Development Board shall be
9 advisory to the City Commission. Once final, a decision may be reviewed by the filing of a
9 Petition for Writ of Certiorari in the Circuit Court of the 15th Judicial Circuit in and for Palm
991 Beach County, Florida, and in accordance with the procedure and within the time provided by ,
9 court rule and such time shall commence to run from the date of the decision sought to be
g
9 reviewed.
9
9 27-100—27-104. Reserved.
9
9 ARTICLE X. APPEALS
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9E See. 105. Administrative Official.
95 1. Eligibility. Appeals of a decision of an administrative official may be taken by any person
9E aggrieved, or by any officer, board, or bureau of the governing body affected by any decision
I1
9E of an administrative official under any ordinance enacted pursuant to the Land Development
9 Regulations.
9 2. Filing. Appeals of a decision of an administrative official, excluding the Building Official,
9 shall be filed within fifteen (15) calendar days after rendition of the order, requirement,
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9 decision,or determination made by the administrative official. For appeals of a decision made
9 by the Building Official, the notice of appeal shall be in writing and filed within thirty (30)
4
9 calendar days after such decision is rendered. When necessary, a current certified survey and
9C 8 a fee as adopted by resolution of the City Commission, plans, drawings, documents and/or
9 other material constituting the record upon which the action was taken shall be collected by
9 0 the administrative official and, together with the completed appeal, forwarded to the
9 1 appropriate appeal board for placement on the board's next available agenda.
9 3. Stay of Work. Upon posting of acceptable surety (see Chapter 2, Article 111, Section 6) by
9 the appellant in an amount equal to one hundred ten percent (110%) of the potential costs of
9 delays and damages as certified by a design professional, all work on the premises and all
9 . proceedings in furtherance of the action appealed will be stayed, unless the administrative
i
9 official from whom the appeal was taken, certifies that by reason of facts stated in the
i
9 certificate, a stay would cause imminent peril of life or property. In such case, proceedings or �a
9 8 work shall not be stayed except by a restraining order which may be granted by the board or
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9 by a court of record on application, on notice to the officer from whom the appeal is taken and
9 on due cause shown.
9E 4. Assignment ofAppeals. The City Commission or the Building Board of Adjustments and
�l
9 Appeals shall review all appeals. The assignment of each is as follows:
9 (a) City Commission. The City Commission shall hear and decide all appeals regarding r
9 the administration, interpretation, or enforcement of any standard, provision, or
9 regulation contained in the land development regulations, except for that which is
1,
9E identified below.
9 (b) Building Board of Adjustments and Appeals. The owner of a building, structure, or
i
9 service system,or duly authorized agent may appeal a decision of the Building Official
9 or the Floodplain Administrator,as applicable, in his/her enforcement or administration
{00351419.9 306-9001821}
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99 of Chapter 4, Article IX, Building, Construction and Historic Preservation
991 Requirements; Chapter 4, Article X, Flood Prevention Requirements; or whenever any
992 one (1) of the following conditions are claimed to exist:
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99 i. The Building Official or the Floodplain Administrator, as applicable, rejected
99 or refused to approve the mode or manner of construction proposed to be
99r followed or materials to be used in the installation or alteration of a building,
99 structure, or service system;
99 ii. The provisions of the city's current edition of the Administrative Amendments 1r
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99 to the Florida Building Code do not apply to this specific case;
99 iii. That an equally good or more desirable form of installation can be employed in
t
100 a specific case; or
100 iv. The true intent and meaning of the city's current edition of the Administrative
100 Amendments to the Florida Building Code have been misconstrued or
111
1003 incorrectly interpreted.
100 V. An application made by the owner or tenant of a property which operates as a
10 group home is denied. The Building Board of Adjustments and Appeals shall
10 convene within thirty(30)calendar days of the date that a written appeal is filed
10 with the City. If the Building Board of Adjustments and Appeals is unable to
10 convene within 30 days, the appeal may be heard by the City's Magistrate and �?
10 the matter will be added to the agenda of the next available Code Enforcement
101 Hearing date. �1
101 5. Hearing of Appeals. The City Commission or Building Board of Adjustment of Appeals
101 shall fix a reasonable time for the hearing of the appeal, give public notice thereof, as well as
101' due notice to the parties in interest. Upon the hearing, any party may appear in person, by
101 agent or by attorney.
101 6. Review of Administrative Orders. In exercising its powers, the City Commission or the
101 Building Board of Adjustments and Appeals may, reverse or affirm, wholly or partly, or may
101 modify the order, requirement, decision, or determination made by an administrative official
101 and may make any necessary order, requirement, decision, or determination, and to that end,
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101 shall have all the powers of the officer from whose action is being appealed. The concurring
10 vote of a majority of the members present shall be necessary to reverse any order,requirement, s
f
j (00351419.9 306-9001821)
32
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5
i k
r 102 decision, or deters-nination of any administrative official or to decide in favor of the applicant
102 on any matter upon which the board or commission is required to pass.
102 7. Indemnification. In the event a claim or lawsuit is brought against the city, its officers, V
102 employees, servants or agents, the applicant hereby agrees to indemnify, save, and hold
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102 harmless the city, its officers, employees, servants or agents and to defend said persons from if
102 any such claims, liabilities, causes of action, and judgments of any type whatsoever arising out
I.
102Y of or relating to the appeals from decisions of an administrative official whether the appellant
102 is the applicant or any other party. The appellant agrees to pay all costs, attorney's fees, and
102 expenses incurred by the city, its officers, employees, servants or agents in connection with
103 such claims, liabilities or suits. Nothing contained herein, however, shall act as a waiver of
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103 any of the city's immunities provided for in F.S. § 768.28.
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103
103 Sec. 106. Building Board of Adjustments and Appeals.
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103 1. Eligibility. Appeals of decisions by the Building Board of Adjustments and Appeals may °
103 be taken by any aggrieved party affected by a board decision. °
i
103 2. Filing. Appeals for judicial relief shall be filed with the Palm Beach County Circuit Court
103 within thirty (30) calendar days after rendition of a board decision.
103 (Ord. 10-025, passed 12-7-10) 4
103 p;
104 € Sec. 107. City Commission.
104 1 1. Eligibility. Appeals of decisions by the City Commission may be taken by any aggrieved
104 party affected by a City Commission decision.
104 2. Filing. Appeals for judicial relief shall be filed with the Palm Beach County Circuit Court
104 within thirty (30) calendar days after rendition of the City Commission decision.
10
104 Sec. 108. Withdrawal or Denial of Appeal.
1041 1. Refiling After Denial. Upon denial of an application for relief hereunder, in whole or in
10 part, a period of one (I) year must elapse prior to the filing of a subsequent application hs
104 affecting the same property or any portion thereof.
i
105 2. Refiling After Withdrawal with Prejudice. Upon the withdrawal of an application, in
105 whole or in part, a period of six (6) months must elapse prior to the filing of a subsequent
105 application affecting the same property or any portion thereof, unless, however, the decision
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(00351419.9 306-9001821)
33
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105^ o{the applicable %/Qsr board is withoaprejudice; and povided ƒR the period of }
105 limitation shall be increased toatwo (2)-year waiting period in the event such an application,
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105in whole orypart, has be twice ormore denied o withdrawn. }
1055 \ Refiling\/e Withdrawal without Prejudice. 3n application may be withdrawn without
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1057 prejudice by the applicant asamatte o{right; povide the request frwitda»g R in )
1053 writing and executed in a manner and on oform prescribed b/the Building Board of }
}} 105\ Adjustments and Appeals and \|e with ƒcboard 3 |e Ronc (1) geek/Worm any heaWn\ . }
) 106 . scheduled concerningƒcapplication; otherwise, all such requests fo£withdrawal shall be (
1061 with prejudice. When an application is withdrawnwithout prejudice, the time limitaionsfor (
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106 re-application provided herein shall nmapy No application may be withdrawn after final � (
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