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