Agenda 08-03-10 Searchable
The City of
Boynton Beach
Boynton Beach
100 E. Boynton Beach Boulevard ● (561) 742-6000
TUESDAY, AUGUST 3, 2010
6:30 PM
FINAL AGENDA
City Commission
AGENDA
Jose Rodriguez
Mayor – At Large
Marlene Ross
Vice Mayor – District IV
William Orlove
Commissioner – District I
Woodrow Hay
Commissioner – District II
Steven Holzman
Commissioner – District III
Kurt Bressner
City Manager
James Cherof
City Attorney
Janet M. Prainito
City Clerk
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GENERAL RULES & PROCEDURES FOR PUBLIC PARTICIPATION AT
CITY OF BOYNTON BEACH COMMISSION MEETINGS
THE AGENDA:
There is an official agenda for every meeting of the City Commissioners, which determines the
order of business conducted at the meeting. The City Commission will not take action upon any
matter, proposal, or item of business, which is not listed upon the official agenda, unless a
majority of the Commission has first consented to the presentation for consideration and
action.
Consent Agenda Items:
These are items which the Commission does not need to discuss
individually and which are voted on as a group.
Regular Agenda Items:
These are items which the Commission will discuss individually in the
order listed on the agenda.
Voice Vote:
A voice vote by the Commission indicates approval of the agenda item. This can
be by either a regular voice vote with "Ayes & Nays" or by a roll call vote.
SPEAKING AT COMMISSION MEETINGS:
The public is encouraged to offer comment to the Commission at their meetings during Public Hearings,
Public Audience, and on any regular agenda item, as hereinafter described.
City Commission meetings are business meetings and, as such, the Commission retains the right to
impose time limits on the discussion on an issue.
Public Hearings:
Any citizen may speak on an official agenda item under the section entitled
“Public Hearings.”
Public Audience:
Any citizen may be heard concerning any matter within the scope of the
jurisdiction of the Commission – Time Limit – Three (3) Minutes
Regular Agenda Items:
Any citizen may speak on any official agenda item(s) listed on the
agenda after a motion has been made and properly seconded, with the exception of Consent
Agenda Items that have not been pulled for separate vote, reports, presentations and first
reading of Ordinances – Time Limit – Three (3) minutes
ADDRESSING THE COMMISSION:
When addressing the Commission, please step up to either podium and state, for the record, your
name and address.
DECORUM:
Any person who disputes the meeting while addressing the Commission may be ordered by the
presiding officer to cease further comments and/or to step down from the podium. Failure to
discontinue comments or step down when so ordered shall be treated as a continuing disruption of the
public meeting. An order by the presiding officer issued to control the decorum of the meeting is
binding, unless over-ruled by the majority vote of the Commission members present.
Please turn off all pagers and cellular phones in the City Commission Chambers while the City
Commission Meeting is in session.
City Commission meetings are held in the Boynton Beach City Commission Chambers, 100 East
Boynton Beach Boulevard, Boynton Beach. All regular meetings are held typically on the first and third
Tuesdays of every month, starting at 6:30 p.m. (Please check the Agenda Schedule – some meetings
have been moved due to Holidays/Election Day).
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1. OPENINGS
A. Call to order - Mayor Jose Rodriguez
B. Invocation
C. Pledge of Allegiance to the Flag led by Commissioner Steven Holzman
D. Agenda Approval:
1. Additions, Deletions, Corrections
2. Adoption
2. OTHER
A. Informational Items by Members of the City Commission
3. ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS
A. Request a moment of silence in honor of our adopted soldiers that have been killed
and wounded during the month of June 2010 while conducting combat operations in
northeast Afghanistan.
B. Presentation and discussion of Classical South Florida's plans for WXEL-FM 90.7
should its purchase become finalized, by Douglas C. Evans, President and General
Manager of Classical South Florida.
4. PUBLIC AUDIENCE
INDIVIDUAL SPEAKERS WILL BE LIMITED TO 3 MINUTE PRESENTATIONS (at the
discretion of the Chair, this 3 minute allowance may need to be adjusted depending
on the level of business coming before the City Commission)
5. ADMINISTRATIVE
A. Appoint eligible members of the community to serve in vacant positions on City
advisory boards.
6. CONSENT AGENDA
Matters in this section of the Agenda are proposed and recommended by the City
Manager for "Consent Agenda" approval of the action indicated in each item, with
all of the accompanying material to become a part of the Public Record and subject
to staff comments.
A. Approve the Minutes of the Regular City Commission meeting held on July 20, 2010.
PROPOSED RESOLUTION N0. R10-102
B. - Approve and authorize signing of an
Agreement for Water Service outside the City limits with Alexandre Normil for the
property at 1199 South Ridge Rd, Lantana, FL.
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PROPOSED RESOLUTION NO. R10-103
C. - Approve the adoption of the City of
Boynton Beach's Community Development Block Grant (CDBG) One Year Action Plan
for FY 2010/2011.
PROPOSED RESOLUTION NO. R10-104
D. - Approve an agreement with Workforce
Alliance, Inc. for the City's participation in the Florida Back to Work Program, a
Subsidized Employment Program funded by the American Recovery and
Reinvestment Act of 2009 (ARRA), and authorize future participation in Workforce
Alliance, Inc. employment and training programs that have no fiscal responsibility or
impact to the City.
E. Approve staff to move forward to issue conduit debt for the Charter School of Boynton
Beach and if so, bring a Resolution back to the Commission if the transaction meets
with staff approval and recommendation.
PROPOSED RESOLUTION NO. R10-105
F. - Approve and ratify the action of the South
Central Regional Wastewater Treatment and Disposal Board at their meeting on July
15, 2010:
a) Accept the 2010/2011 Wastewater and Reclaim O&M Budgets and Wastewater
Repair and Replacement Expenditures
b) Authorize the user rate to cities for fiscal year 2010-2011 for wastewater in the
amount of $0.9871/1,000 gallons for operations and maintenance and $0.1940/1,000
gallons for reserves bringing the total to $1.1811/1,000 gallons
c) Authorize establishment of reclaim user rate to consumers (Delray Beach, Boynton
Beach and South Central Plant) for fiscal year 2010/2011 as $0.1653/1,000 gallons
d) Accept the 2010/2011 organizational chart; including the water quality/pretreatment
coordinator job description
e) Authorize amendment of Rule IV, Section 13 and Section 14 of the Board Rules.
7. BIDS AND PURCHASES OVER $100,000
None
8. CODE COMPLIANCE & LEGAL SETTLEMENTS
None
9. PUBLIC HEARING
7 P.M. OR AS SOON THEREAFTER AS THE AGENDA PERMITS
The City Commission will conduct these public hearings in its dual capacity as
Local Planning Agency and City Commission.
PROPOSED ORDINANCE NO. 10-016 - SECOND READING
A. - Approve an
Ordinance creating Section 18-184.2 of the Firefighters' Retirement Plan providing for
a supplemental benefit to be funded entirely with available Chapter 175, Florida
Statutes, excess premium tax revenue.
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TABLED ON JULY 20, 2010 to be heard on August 17, 2010
B. - Request for relief
from the City of Boynton Beach Land Development Regulations, Chapter 2, Zoning,
Section 5.B.2.a., requiring: (1) a minimum front yard setback of 25 feet, to allow a
variance of 18 feet and a front yard setback of 7 feet; and (2) a minimum rear yard
setback of 20 feet, to allow a variance of 20 feet and a rear yard setback of 0 feet, for
a proposed carport accessory to a single-family residence within the R-1-AAB Single-
family Residential zoning district. Applicant: Dr. Steven D. Jaffe
10. CITY MANAGER’S REPORT
None
11. FUTURE AGENDA ITEMS
A. Interlocal Agreement with CRA for Human Resource and Payroll Management
Services – (August 17, 2010)
B. Update on Alternative Use of Vacant Landfill Property East of the Boynton Beach
Links, Municipal Golf Course (August 17, 2010)
C. Construction Management At Risk Process (September 7, 2010)
D. Police Complex -- Discussion of project timing, scope, location and funding
alternatives available (TBA)
E. 1st Budget Public Hearing & Adoption of Proposed FY 2010-2011 Annual Operating &
CIP Budget – NOTE: This will be a Special Meeting held on 9/13/10 at 6:30 pm –
Commission Chambers
F. Public Hearing & Adoption of Final FY 2010-2011 Annual Fire Assessment Resolution
- NOTE: This will be a Special Meeting held on 9/13/10 at 6:30 pm – Commission
Chambers
G. 2nd Budget Public Hearing & FINAL Adoption of FY 2010-2011 Annual Operating &
CIP Budget - NOTE: This will be a Special Meeting held on 9/27/10 at 6:30 pm –
Commission Chambers
12. NEW BUSINESS
A. Follow up discussion from Commission Retreat regarding Downtown Development
and Old High School plan Initiatives.
B. Authorize request for qualifications for planning and study activity for a historic high
school campus master plan.
13. LEGAL
PROPOSED ORDINANCE NO. 10-017 - FIRST READING
A. - titled "Live Entertainment
TABLED ON JULY 20, 2010
Permits" (Exhibit "A") -
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PROPOSED ORDINANCE NO. 10-018 - FIRST READING
B. - Approve revision of
TABLED ON JULY 20, 2010
Chapter 15-8 titled "Noise Control" (Exhibit "A") -
14. UNFINISHED BUSINESS
TABLED ON
A. Review current practices for City Commission expense allowance. -
JULY 20. 2010
B. Review public comment card system for City Commission Meetings
C. Accept final rankings of CRA Applications and identify applicants to interview.
15. ADJOURNMENT
NOTICE
IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE CITY COMMISSION WITH RESPECT TO
ANY MATTER CONSIDERED AT THIS MEETING, HE/SHE WILL NEED A RECORD OF THE PROCEEDINGS AND,
FOR SUCH PURPOSE, HE/SHE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDING IS
MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE
BASED. (F.S. 286.0105)
THE CITY SHALL FURNISH APPROPRIATE AUXILIARY AIDS AND SERVICES WHERE NECESSARY TO
AFFORD AN INDIVIDUAL WITH A DISABILITY AN EQUAL OPPORTUNITY TO PARTICIPATE IN AND ENJOY THE
BENEFITS OF A SERVICE, PROGRAM, OR ACTIVITY CONDUCTED BY THE CITY. PLEASE CONTACT THE CITY
CLERK'S OFFICE (561) 742-6060 AT LEAST TWENTY-FOUR HOURS PRIOR TO THE PROGRAM OR ACTIVITY IN
ORDER FOR THE CITY TO REASONABLY ACCOMMODATE YOUR REQUEST.
ADDITIONAL AGENDA ITEMS MAY BE ADDED SUBSEQUENT TO THE PUBLICATION OF THE AGENDA ON
THE CITY'S WEB SITE. INFORMATION REGARDING ITEMS ADDED TO THE AGENDA AFTER IT IS PUBLISHED
ON THE CITY'S WEB SITE CAN BE OBTAINED FROM THE OFFICE OF THE CITY CLERK.
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3. A
ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS
August 3, 2010
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August 3, 2010
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RACC:
Request a moment of silence in honor of our adopted
EQUESTED CTION BY ITY OMMISSION
soldiers that have been killed and wounded during the month of June 2010 while conducting combat
operations in northeast Afghanistan.
ER:
On February 18, 2003, the City Commission, by resolution, re-affirmed
XPLANATION OF EQUEST
ndthst
the City Of Boynton Beach’s support of Company D, 2 Battalion, 327 Infantry Regiment of the 101
Airborne Division Air Assault, a.k.a. DELTA DEMONS. The City has supported the Delta Demons
through three (3) separate deployments, with their current operations in northeast Afghanistan being
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their fourth (4) deployment since 2003.
Last month, June 2010, four Delta Demon soldiers lost their lives defending our American way of life.
Specialist Andrew Looney
Specialist David Thomas
Private First Class David Miller
Private First Class Anthony Simmons
In addition, three more soldiers from D Company have been wounded and returned state-side to
recovery from injuries.
Sergeant First Class Derek Ashman
Private First Class Sam Bilson
Private First Class Tim Low
Please request a moment of silent reflection and prayer for the families and soldiers who have made
such tremendous sacrifices on behalf of all American citizens.
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H?
This will bring awareness to our citizens of
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
the deadly conflict overseas, the sacrifices being made by the men and women of our Armed Services,
and the long-term relationship of support the City of Boynton Beach has with the Delta Demons.
FI:
N/A
ISCAL MPACT
A:
N/A
LTERNATIVES
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ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS
August 3, 2010
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August 3, 2010
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RACC:
Presentation and discussion of Classical South Florida's
EQUESTED CTION BY ITY OMMISSION
plans for WXEL-FM 90.7 should its purchase become finalized, by Douglas C. Evans, President and
General Manager of Classical South Florida.
ER:
The City Commission and supporters of public radio in Boynton
XPLANATION OF EQUEST
Beach, including the Community Broadcast Foundation for Palm Beach County and the
Treasure Coast Strategic Broadcast Media Inc., and the WXEL Advisory Board, are united in
supporting the continued operation of WXEL as a public radio station within the City. The City
is concerned that the pending sale of WXEL will result in a loss of a local voice and point of
view in public broadcasting in the City and in South Florida. WXEL’s current programming
provides significant educational benefits to the Boynton Beach and South Florida community.
Mr. Douglas Evans has been invited to appear before the City Commission to provide insight
into the purchaser’s plans for the station or its programming objectives, and to publicly disclose
its proposed operational plans and to provide assurances that local educational and
community-oriented programming will survive the proposed change in ownership.
H?
City programs or services would not be
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
affected; however, WXEL employs approximately thirty (30) people. The loss of any of these
jobs as the result of a sale or modification of operations would have a profound and negative
effect on the City.
FI:
N/A
ISCAL MPACT
A:
Not to allow discussion.
LTERNATIVES
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5. A
ADMINISTRATIVE
August 3, 2010
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RACC:
Appoint eligible members of the community to serve in
EQUESTED CTION BY ITY OMMISSION
vacant positions on City advisory boards.
ER:
The attached list contains the names of those who have applied for
XPLANATION OF EQUEST
vacancies on the various Advisory Boards. A list of vacancies is provided with the designated
Commission member having responsibility for the appointment to fill each vacancy.
H?
Appointments are necessary to keep our
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
Advisory Boards full and operating as effectively as possible.
FI:
None
ISCAL MPACT
A:
Allow vacancies to remain unfilled.
LTERNATIVES
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6. A
CONSENT AGENDA
August 3, 2010
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RACC:
Approve the Minutes of the Regular City Commission
EQUESTED CTION BY ITY OMMISSION
meeting held on July 20, 2010.
ER:
The City Commission met on July 20, 2010 and minutes were
XPLANATION OF EQUEST
prepared from the notes taken at the meetings by the Deputy City Clerk. The Florida Statutes
provide that minutes of all Commission meetings be prepared, approved and maintained in the
records of the City of Boynton Beach.
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A permanent record of the actions taken
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
by the City Commission will be maintained as a permanent record.
FI:
N/A
ISCAL MPACT
A:
N/A
LTERNATIVES
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6. B
CONSENT AGENDA
August 3, 2010
COBB
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CMD:
August 3, 2010
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ETTLEMENTS
RACC:
PROPOSED RESOLUTION N0. R10-102 - Approve and
EQUESTED CTION BY ITY OMMISSION
authorize signing of an Agreement for Water Service outside the City limits with Alexandre Normil for the
property at 1199 South Ridge Rd, Lantana, FL.
ER:
The parcel covered by this agreement includes a single-family home
XPLANATION OF EQUEST
located in the Unincorporated Palm Beach county area. Only potable water is available for connection
to the property at this time due to recent water main improvements constructed by the county a few
years ago. (See location map).
Water service areas have been designated between the county and the various local utilities. We are
required to provide water to anyone with in our service area when requested. Customers outside the city
limits pay an additional 25% surcharge.
H?
A Water distribution main has been completed
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
on this street, allowing for the service to this parcel. No additional construction will be required by the
City to serve this property.
FI:
None
ISCAL MPACT
A:
None. This parcel is within the Utilities service areas.
LTERNATIVES
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RESOLUTION NO. R10-
A RESOLUTION OF THE CITY OF BOYNTON BEACH,
FLORIDA, AUTHORIZING AND DIRECTING EXECUTION OF
AN AGREEMENT FOR WATER SERVICE OUTSIDE THE CITY
LIMITS AND COVENANT FOR ANNEXATION BETWEEN THE
CITY OF BOYNTON BEACH AND ALEXANDRE NORMIL;
PROVIDING AN EFFECTIVE DATE.
WHEREAS,
the subject property is located outside of the City limits, but within our water and
sewer service area, located at 1199 South Ridge Road, Lantana, Florida (PCN: 00-43-45-09-08-000-
1141); and
WHEREAS
, the parcel covered by this agreement includes a single family home located in the
unincorporated Palm Beach County; and
WHEREAS
, water service has been designated between the county and the various local
utilities; and
WHEREAS
, 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
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY
OF BOYNTON BEACH, FLORIDA, THAT:
Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as being true
and correct and are hereby made a specific part of this Resolution upon adoption hereof.
Section 2. The City Commission hereby authorizes and directs the City Manager to execute
a Water Service Agreement between the City of Boynton Beach, Florida and Alexandre Normil, a copy
of said Agreement is attached hereto as Exhibit "A".
Section 3. This Resolution shall become effective immediately upon passage.
PASSED AND ADOPTED this _____ day of August, 2010.
CITY OF BOYNTON BEACH, FLORIDA
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______________________________
Mayor – Jose Rodriguez
_______________________________
Vice Mayor – Marlene Ross
_______________________________
Commissioner – William Orlove
________________________________
Commissioner – Woodrow L. Hay
_______________________________
Commissioner – Steven Holzman
ATTEST:
______________________
Janet M. Prainito, MMC
City Clerk
(Corporate Seal)
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6. C
CONSENT AGENDA
August 3, 2010
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August 3, 2010
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RACC:
PROPOSED RESOLUTION NO. R10-103 - Approve the
EQUESTED CTION BY ITY OMMISSION
adoption of the City of Boynton Beach's Community Development Block Grant (CDBG) One Year Action
Plan for FY 2010/2011.
EXPLANATION:The City of Boynton Beach is in its fourteenth year of receiving Federal
Grant funds. The One Year Action Plan has been developed with the activities recommended
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and approved by the Commission at their July 6, 2010, meeting. The Commission
unanimously approved the recommended grant amounts.
H?
The availability of much needed services
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
that are eligible under the CDBG program and provided to our community by various
organizations
Grant Amount $572,725
Aid to Victims of Domestic Abuse...........................................................................15,000
Boynton Beach Faith-Based CDC..........................................................................80,000
Community Caring Center......................................................................................50,000
Community Caring Center dba “Ocean Avenue Green Market”.............................25,000
TOTAL SUB-GRANTEES..................................................................................$170,000
Planning & Administration.....................................................................................114,545
City of Boynton Beach Recreation Department......................................................12,000
Housing Rehabilitation..........................................................................................200,000
Housing Rehabilitation Administration....................................................................72,730
Fair Housing Initiatives.............................................................................................3,000
TOTAL................................................................................................................$572,275
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FI:
The City of Boynton Beach expects to receive $572,725 in CDBG funds for FY
ISCAL MPACT
2010/2011, with $170,000 to be granted to four (4) sub-grantees. The remaining grant dollars
will assist with administrative costs, providing summer camp scholarships through the City’s
Recreation and Parks Department, and allowing for housing rehabilitation and associated
administrative costs.
A:
None at this time.
LTERNATIVES
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RESOLUTION R10-
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF BOYNTON BEACH, FLORIDA, ADOPTING THE CITY OF
BOYNTON BEACH’S COMMUNITY DEVELOPMENT
BLOCK GRANT ONE YEAR ACTION PLAN FOR FISCAL
YEAR 2010/2011; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS,
the City of Boynton Beach is in its fourteenth year of receiving Federal Grant
Funds; and
WHEREAS
, the One Year Action Plan has been developed with the activities recommended
and approved by the City Commission at their July 6, 2010 meeting.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY
OF BOYNTON BEACH, FLORIDA, THAT:
Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as being true
and correct and are hereby made a specific part of this Resolution upon adoption hereof.
Section 2. The City Commission of the City of Boynton Beach, Florida does hereby approve
the adoption of the City of Boynton Beach’s Community Development Block Grant (CDBG) One Year
Action Plan for fiscal year 2010/11, a copy of which is attached hereto.
Section 3. This Resolution will become effective immediately upon passage.
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PASSED AND ADOPTED
this ___ day of August, 2010.
CITY OF BOYNTON BEACH, FLORIDA
______________________________
Mayor – Jose Rodriguez
______________________________
Vice Mayor – Marlene Ross
______________________________
Commissioner – William Orlove
______________________________
Commissioner – Woodrow L. Hay
______________________________
ATTEST: Commissioner – Steven Holzman
_____________________
Janet M. Prainito, MMC
City Clerk
(Corporate Seal)
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6. D
CONSENT AGENDA
August 3, 2010
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August 3, 2010
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RACC:
PROPOSED RESOLUTION NO. R10-104 - Approve an
EQUESTED CTION BY ITY OMMISSION
agreement with Workforce Alliance, Inc. for the City's participation in the Florida Back to Work Program,
a Subsidized Employment Program funded by the American Recovery and Reinvestment Act of 2009
(ARRA), and authorize future participation in Workforce Alliance, Inc. employment and training programs
that have no fiscal responsibility or impact to the City.
ER:
On May 19, 2009 the City Commission authorized the City’s
XPLANATION OF EQUEST
participation in the Workforce Investment Act Eligible Youth and Adult Participants program, a
subsidized work and training program funded by ARRA. The City’s involvement was limited to
serving as a site for the 2009 Summer Youth Employment and Training Program. Nine youth
participated; salaries, workers comp and time sheets were administered through Manpower (a
third party vendor contracted by Workforce Alliance) and there was no fiscal responsibility or
impact to the City.
On March 30, 2010, the City entered into an Employer Vendor Agreement to participate in the
Florida Back to Work Program. The Florida Back to Work program is similar in nature to the
Summer Youth Employment and Training Program however, the City is required to administer
the fiscal responsibilities in addition to providing the employment and training sites. Staff
believed that the request on May 19, 2009, requesting approval of Resolution No. 09-076
authorizing the City’s participation in Workforce Alliance’s subsidized work experience program
funded by the American Recovery and Reinvestment Act of 2009 (ARRA) that had a term of
three years, would include any Workforce Alliance agreement for work or training that was
funded through ARRA.
After reviewing the Florida Back to Work Program Employer Vendor Agreement and realizing
the differences in this program and the Workforce Investment Act Eligible Youth and Adult
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Participants program agreement, it was decided that there was a need to seek Commission
approval specifically for the Florida Back to Work Program agreement. Thus, the City desires
to expand its partnership with Workforce Alliance. Inc. including participation employment and
training programs as they become available and seeks approval for future participation when it is in the
best interest of the City to do so.
H?
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
No current employees will be displaced by this program.
Human Resources Department will refer applicants seeking employment with the City to
the Workforce Alliance for qualification screening
Workforce Alliance will screen applicants to ensure they qualify for the Back to Work
Florida program under the ARRA and program guidelines
Number of City job openings available for the Florida Back to Work Program - 10
The Employer Vendor Agreement (period of subsidization) is from 03/31/2010 through
09/30/2010.
This agreement will terminate September 30, 2010 unless earlier terminated.
The City is required to retain all financial records, supporting documents, statistical
records, and any other documents (including electronic storage media) pertaining to this
agreement for a period of seven (7) years from the date of final payment, or until all
related State and Federal audits or litigation is completed, whichever is later.
FI:
Workforce Alliance shall reimburse the City 80% of the wages, 80% of the
ISCAL MPACT
benefits (up to 25% of wages), and 80% of in/kind supervision/training (up to 25% of wages)
for the Florida Back to Work Program. Future programs, with no fiscal impact, may also be
implemented.
Maximum amount of the total reimbursement from Workforce Alliance could be up to
$224,310.24 (provided all positions filled for the entire length of the Employer Vendor
Agreement). These positions are currently funded in the FY2009/10 budget. Maximum cost to
the City is $56,077.56, filling all ten of the positions. To date, only two (2) positions have been
filled. It has been a challenge to identify and hire applicants that qualify for the positions in this
program.
A:
Terminate the agreement with Workforce Alliance for the Florida Back to Work
LTERNATIVES
Program prior to the end date of September 30, 2010 and lose funding for the two (2) positions
that have been filled.
Require a Resolution for City participation in future Workforce Alliance. Inc. employment and
training programs that have no fiscal responsibility or impact to the City.
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RESOLUTION NO. R 10-
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
BOYNTON BEACH, FLORIDA, APPROVING AND
AUTHORIZING THE EXECUTION BY THE CITY MANAGER OF
AN EMPLOYER VENDOR AGREEMENT BETWEEN THE CITY
OF BOYNTON BEACH AND WORKFORCE ALLIANCE, INC.,
TO PARTICIPATE IN THE FLORIDA BACK TO WORK
PROGRAM; AUTHORIZE FUTURE PARTICIPATION IN
WORKFORCE ALLIANCE EMPLOYMENT AND TRAINING
PROGRAMS; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS
, Workforce Alliance has represented to City Staff that American Recovery and
Reinvestment Act (“ARRA”) funds are available under the Temporary Assistance for Needy Families
program through the State of Florida to subsidize employment for both the vacant and newly created
positions; and
WHEREAS,
the Employer Vendor Agreement provides for Workforce Alliance to reimburse
the City of Boynton Beach eighty percent (80%) of wages; eighty percent (80%) of benefits (up to
twenty-five percent (25%) of wages); and eighty percent (80%) of in-kind supervision and training (up
to twenty-five percent (25%) of wages) of certain individuals employed by the City for a limited period
of time and under which the City agrees to accept certain restrictions in the wages/benefits it pays those
employees; and
WHEREAS,
the City desires to expand its partnership with Workforce Alliance, Inc., including
participation in employment and training programs as they become available and requests approval for
future participation when it is in the best interest of the City and there is no fiscal responsibility or
impact to the City; and
WHEREAS
, upon recommendation of staff, the City Commission has determined that it is in the
best interests of the citizens and residents of the City to approve and authorize execution by the City
Manager of an Employer Vendor Agreement between the City of Boynton Beach and Workforce
Alliance, Inc., to participate in the Florida Back to Work Program and to approve future participation in
programs with Workforce Alliance that have no fiscal responsibility or impact to the City.
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NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY
OF BOYNTON BEACH, FLORIDA, THAT:
Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as being true
and correct and are hereby made a specific part of this Resolution upon adoption hereof.
Section 2. The City Commission of the City of Boynton Beach, Florida hereby approves and
authorizes the City Manager to execute an Employer Vendor Agreement between the City of Boynton
Beach and Workforce Alliance, Inc., for the City’s participation in the Florida Back to Work Program, a
copy of which is attached hereto as Exhibit “A”.
Section 3. The City Commission of the City of Boynton Beach hereby approves future
participation in employment and training programs with Workforce Alliance, Inc., that have no fiscal
responsibility or impact to the City.
Section 4. This Resolution shall take effect immediately upon passage.
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PASSED AND ADOPTED
this _____ day of August, 2010.
CITY OF BOYNTON BEACH, FLORIDA
______________________________
Mayor – Jose Rodriguez
______________________________
Vice Mayor – Marlene Ross
______________________________
Commissioner – William Orlove
_______________________________
Commissioner – Woodrow L. Hay
_______________________________
Commissioner – Steven Holzman
ATTEST:
_________________________
Janet M. Prainito, MMC
City Clerk
(Corporate Seal)
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6. E
CONSENT AGENDA
August 3, 2010
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD:
August 3, 2010
OMMISSION EETING ATE
O PH
PENINGSUBLIC EARING
O CM’R
THERITY ANAGERS EPORT
A/P FAI
NNOUNCEMENTSRESENTATIONSUTURE GENDA TEMS
NO
ATURE F
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AI
GENDA TEM
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ONSENT GENDAEGAL
BP$100,000 UB
IDS AND URCHASES OVER NFINISHED USINESS
CCL
ODE OMPLIANCE AND EGAL
S
ETTLEMENTS
RACC:
Approve staff to move forward to issue conduit debt for the
EQUESTED CTION BY ITY OMMISSION
Charter School of Boynton Beach and if so, bring a Resolution back to the Commission if the transaction
meets with staff approval and recommendation.
ER:
The Charter School of Boynton Beach (THE SCHOOL) provides
XPLANATION OF EQUEST
high quality K-8 education for children in Boynton Beach and surrounding communities. THE
SCHOOL has operated within the City since its founding 9 years ago. It is organized as a
501(c)(3) non-profit corporation and is tax-exempt under IRS regulations.
Conduit debt financing is common throughout Florida. While this is a new concept to the City, it
is a tried and true method of financing whereby municipalities can help worthy projects without
in any way adversely affecting the municipality under any circumstance. Not-for-profit
organizations in this State, as well the nation, have at some point either utilized or have
considered utilizing this method of financing.
THE SCHOOL currently leases its facilities at 1425 Gateway Boulevard in Boynton Beach. As
part of a plan to secure its long-term financial goals THE SCHOOL desires to purchase this
facility. The transaction will involve costs of approximately $7,450,000. Of this amount,
$6,600,000 is attributable to the purchase and transaction expenses directly related to the
acquisition of the property. $300,000 will refinance existing debt and the remaining amounts
will be held in reserve.
In order to finance the acquisition, THE SCHOOL has engaged Municipal Capital Markets
Group (“MCM”), a municipal bond underwriting firm with extensive experience in financing
charter schools nationwide. Under the Internal Revenue Code and under Florida law, it is
possible for the City of Boynton Beach to assist THE SCHOOL in achieving a significantly
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lower interest rate on its borrowing than would otherwise be available from commercial lending
sources. This lower rate of financing will allow THE SCHOOL to own its facility for significantly
less than it is now paying to lease it. The long-term savings from such a transaction will permit
THE SCHOOL to apply more of its resources towards providing superior education to its
students.
THE SCHOOL and MCM are asking whether the City would be willing to facilitate the bond
issuance. Assuming that the City Commission chooses to move forward, MCM will prepare
various documents for review by your City Attorney and by Bond Counsel. At the appropriate
time, the City Commission will be asked to conduct a public hearing regarding the transaction
and to consider adopting a resolution authorizing the transaction. Assuming such a resolution
is adopted the transaction will be promptly concluded.
As proposed, the City would be the nominal issuer of the bonds and the monies the City would
receive from the sale of the bonds (e.g., $7,450,000) would then be loaned by the City to THE
SCHOOL who would use the loan proceeds to purchase the facility.
The City would assign its rights to be repaid by THE SCHOOL to a Trustee Bank (in this case
likely the Bank of NY, Mellon) as security and source of payment of the bonds. THE SCHOOL
would then make the loan repayment directly to the Trustee Bank until the loan is paid in full.
The Trustee will also hold a mortgage on the property as additional security for the bonds.
MCM will serve as the underwriter, selling the bonds to investors.
H?
Not applicable
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
FI:
This requested transaction is at no cost or risk to the City. Under Florida law,
ISCAL MPACT
municipalities that participate in bond issues such as this are in no way financially liable. The
sole and complete responsibility for repayment of the bond is upon the beneficiary of the bond,
in this case THE SCHOOL. Under no circumstance would THE SCHOOL, investors, or other
parties have recourse against the assets of the City even if THE SCHOOL should default in its
payment obligations to the Trustee. Neither would the City's borrowing ability be impaired in
any way by the existence of the bond.
THE SCHOOL will pay the City $10,000 plus bond counsel fees of $5,000 for our role in this
transaction once closed. Staff would request an Agreement from THE SCHOOL that they
reimburse the City for costs incurred, if for some reason the bonds are not issued and bond
proceeds would not be available to pay these amounts.
A:
Not to have staff move forward with the requested transaction.
LTERNATIVES
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6. F
CONSENT AGENDA
August 3, 2010
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD:
August 3, 2010
OMMISSION EETING ATE
O PH
PENINGSUBLIC EARING
O CM’R
THERITY ANAGERS EPORT
A/P FAI
NNOUNCEMENTSRESENTATIONSUTURE GENDA TEMS
NO
ATURE F
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DMINISTRATIVEEW USINESS
AI
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ONSENT GENDAEGAL
BP$100,000 UB
IDS AND URCHASES OVER NFINISHED USINESS
CCL
ODE OMPLIANCE AND EGAL
S
ETTLEMENTS
RACC:
PROPOSED RESOLUTION NO. R10-105 - Approve and
EQUESTED CTION BY ITY OMMISSION
ratify the action of the South Central Regional Wastewater Treatment and Disposal Board at their
meeting on July 15, 2010:
a) Accept the 2010/2011 Wastewater and Reclaim O&M Budgets and Wastewater Repair and
Replacement Expenditures
b) Authorize the user rate to cities for fiscal year 2010-2011 for wastewater in the amount of
$0.9871/1,000 gallons for operations and maintenance and $0.1940/1,000 gallons for reserves bringing
the total to $1.1811/1,000 gallons
c) Authorize establishment of reclaim user rate to consumers (Delray Beach, Boynton Beach and South
Central Plant) for fiscal year 2010/2011 as $0.1653/1,000 gallons
d) Accept the 2010/2011 organizational chart; including the water quality/pretreatment coordinator job
description
e) Authorize amendment of Rule IV, Section 13 and Section 14 of the Board Rules.
ER:
On July 15, 2010, the South Central Regional Wastewater
XPLANATION OF EQUEST
Treatment & Disposal Board held its Regular Quarterly Annual meeting. At that time, the
Board took action on the items that are now before the City Commission for ratification. This
City Commission ratification is the confirmation process for the action taken by the
S.C.R.W.T.D. Board.
H?
N/A
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
FI:
None
ISCAL MPACT
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A:
Do not ratify the actions of South Central Regional Wastewater Treatment and
LTERNATIVES
Disposal Board.
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RESOLUTION NO. R10-
A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA,
RATIFYING THE ACTION TAKEN BY THE SOUTH CENTRAL
REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD,
ON JULY 15, 2010, AS STATED HEREIN; AUTHORIZING AND
DIRECTING THE CITY MANAGER AND CITY CLERK TO EXECUTE
SAID RATIFICATIONS; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS,
The South Central Regional Wastewater Treatment & Disposal Board (SCRWTDB)
requests ratification of the action taken by the Board at the Quarterly Meeting of July 15, 2010, as set forth
in the attached Exhibit “A”.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF
BOYNTON BEACH, FLORIDA THAT:
Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as being true and
correct and are hereby made a specific part of this Resolution upon adoption.
Section 2. The City Commission does hereby ratify the action taken by the South Central
Regional Wastewater Treatment & Disposal Board on July 15, 2010, as set forth on the attached Exhibit
“A” and authorizes the City Manager and City Clerk to execute said Ratifications.
Section 3. This Resolution shall take effect immediately upon passage.
PASSED AND ADOPTED
this _____ day of August, 2010.
CITY OF BOYNTON BEACH, FLORIDA
___________________________
Mayor – Jose Rodriguez
____________________________
Vice Mayor – Marlene Ross
____________________________
Commissioner – William Orlove
ATTEST:
____________________________
Commissioner – Woodrow L. Hay
_________________________ ____________________________
Janet M. Prainito, MMC Commissioner- Steven Holzman
City Clerk
(Corporate Seal)
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9. A
PUBLIC HEARING
August 3, 2010
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD:
August 3, 2010
OMMISSION EETING ATE
O PH
PENINGSUBLIC EARING
O CM’R
THERITY ANAGERS EPORT
A/P FAI
NNOUNCEMENTSRESENTATIONSUTURE GENDA TEMS
NO
ATURE F
A NB
DMINISTRATIVEEW USINESS
AI
GENDA TEM
CA L
ONSENT GENDAEGAL
BP$100,000 UB
IDS AND URCHASES OVER NFINISHED USINESS
CCL
ODE OMPLIANCE AND EGAL
S
ETTLEMENTS
RACC:
PROPOSED ORDINANCE NO. 10-016 - SECOND
EQUESTED CTION BY ITY OMMISSION
READING - Approve an Ordinance creating Section 18-184.2 of the Firefighters' Retirement Plan
providing for a supplemental benefit to be funded entirely with available Chapter 175, Florida Statutes,
excess premium tax revenue.
ER:
XPLANATION OF EQUEST
The Board of Trustees of the Boynton Beach Firefighters’ Retirement Plan, at its meeting of
May 6, 2010, gave final approval to request the City Commission to amend the City Code to
provide supplemental benefits to the qualified retirees fund exclusively with available Chapter
175 premium tax revenue.
The following paragraphs explain this request by providing:
(a) An explanation of the proposed use of the excess premium tax revenue.
(b) The history of Chapter 175 premium tax revenue.
(c) The present status of Chapter 175 premium tax revenue at the City.
Explanation of the Proposed Use of the Excess Premium Tax Revenue:
The proposed Ordinance amends the Firefighters’ Pension Trust Fund to create an “ad hoc
supplemental benefit” funded 100% with excess Chapter 175 premium tax revenue.
Unlike other amendments, this benefit is not a guaranteed defined benefit and is payable to
retirees exclusively from available excess Chapter 175 premium tax revenue. As such, it is not
an unfunded actuarial liability.
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Based on this proposal, the Pension Trust Fund’s actuary is of the opinion that the Ordinance
“would have no significant actuarial impact on the Plan.”
Summary of the supplemental benefit:
(a) Paid annually from additional premium tax revenues to retirees in a pay status
following one full year of retirement.
(b) Paid providing that the additional premium tax revenue is available.
(c) Each eligible retiree shall receive a distribution up to $500 per year of credited
service in the plan not to exceed 20 years.
(d) The availability of additional premium tax revenues shall be confirmed in writing by
the Pension Board’s actuary
(e) Lump sum supplemental benefits are payable to retirees who separated from service
on or after October 1, 2005, but prior to the adoption of this ordinance.
(f) Prior to the payment of any benefit, eligible retirees shall acknowledge in writing that
they have no right, title or interest in the supplemental benefit in future years as such
additional premium tax revenues may be used for other purposes as determined by
the collective bargaining process.
History of Chapter 175 Premium Tax Revenue:
Chapter 175, Florida Statutes, dates back to 1939 when it was enacted by the Florida
Legislature to provide an incentive for cities to create municipal firefighter pension trust funds.
These local or municipal pension plans are governed by Chapter 175, Florida Statues. Chapter
175 premium tax revenue is funded by a small percentage tax on insurance premiums paid on
fire and casualty insurance coverage within the City of Boynton Beach. Each year, the State
collects the premium tax and distributes the funds to the Firefighters' Retirement Plan.
In 1999, the Legislature amended Chapter 175 to prevent cities from using the future annual
growth in Chapter 175 premium tax revenue to offset their existing cost of firefighter pension
benefits. Growth in premium tax revenue results from (a) rising insurance premiums paid by
property owners and (b) expanding insurable property.
The 1999 Legislative amendment established 1997 as the “base year” for use of premium tax
revenues each year. Any excess premium tax revenues available to cities beyond the base
amount received each year requires cities to use the excess only for:
(a) Minimum or extra benefits provided at that time or
(b) New or enhanced additional benefits for firefighters.
After 1999, cities are not permitted to use the growth of Chapter 175 premium tax money to
defer or otherwise reduce the pension costs of the City of Boynton Beach.
The Florida Legislature has created what may be described as a “use it” or “lose it” decision for
cities. If the money is not used for the purpose of funding future firefighter pension benefits, the
premium tax revenue may no longer be available.
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Status of Chapter 175 Premium Tax Revenue at the City:
Currently, the premium tax is 1.85% of all property insurance written within the City limits and
the limits of the four (4) municipalities to which the City provides contract services. In 2006, we
became the first in State to receive Chapter 175 premium tax money for contract areas and it
is a contributing reason for excess revenues as these areas bring in approximately $120,000
annually.
10/1/2009 10/1/2008 10/1/2007 10/1/2006
Previous Plan Year
Amount Received $ 930,274 $ 1,085,559 $ 1,038,888 $ 780,146
Less Benefit Improvements $ - $ - $ - $ -
Less Base Amount $ (589,543) $ (589,543) $ (589,543) $ (589,543)
Excess Funds $ 340,731 $ 496,016 $ 449,345 $ 190,603
Prior Excess Used $ - $ - $ - $ -
Accumulated Excess at
Beginning of Previous Year $ 1,200,839 $ 704,823 $ 255,478 $ 64,875
Accumulated Excess as of
Valuation Date $ 1,541,570 $ 1,200,839 $ 704,823 $ 255,478
The Boynton Beach Firefighters Pension Fund received an average of Chapter 175 premium
tax revenue of approximately $1,018,000 annually in the last three (3) years. After the funding
of existing benefits at the currently allowed base amount of $589,543, the excess of Chapter
175 revenue averages approximately $428,000 annually. The accumulated amount of excess
Chapter 175 premium tax revenue is $1,541,570 as of the October 1, 2009 valuation date. It is
these funds that the Firefighters Pension Fund is proposing to be used for the “Supplemental
Benefit Distribution” ordinance.
H?
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
This Ordinance will have no impact on City programs or services.
FI:
ISCAL MPACT
This Ordinance will have no fiscal impact on the City. See attached actuarial impact statement.
A:
LTERNATIVES
Not pass the Ordinance and return it to the Pension Board.
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ORDINANCE NO. _______
AN ORDINANCE OF THE CITY OF BOYNTON BEACH,
FLORIDA, CREATING SECTION 18-184.2 OF THE
FIREFIGHTERS’ RETIREMENT PLAN PROVIDING FOR THE
PAYMENT OF A ONE TIME SUPPLEMENTAL BENEFIT FOR
RECENT RETIREES AND AN AD HOC BENEFIT FOR FUTURE
RETIREES, TO BE FUNDED WITH AVAILABLE CHAPTER 175
PREMIUM TAX REVENUE; PROVIDING FOR CONFLICTS;
CODIFICATION AND AN EFFECTIVE DATE.
WHEREAS,
the City of Boynton Beach Florida sponsors a retirement plan and trust fund for
firefighters pursuant to Chapter 175, Florida Statutes;
WHEREAS,
the Board of Trustees of the Boynton Beach Firefighters’ Retirement Plan desires
to amend the City Code to provide an annual ad hoc supplemental benefit for future retirees and a lump
sum supplemental benefit for recent retirees, funded exclusively with available Chapter 175 premium
tax revenue;
WHEREAS
, the Board of Trustees of the Boynton Beach Firefighters’ Retirement Plan
recognizes that Chapter 175 premium tax revenue can only be used for firefighter pension benefits and
cannot be used for any other purposes;
WHEREAS,
payment of these supplemental payments will not create any actuarially unfunded
liabilities for the City; and
WHEREAS
, the City Commission has determined this amendment will benefit the citizens and
firefighters of the City of Boynton Beach;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY
OF BOYNTON BEACH, FLORIDA:
Section 1: Section 18-184 is hereby created to read as follows:
Section 18-184.2 Ad Hoc Supplemental Benefit.
(a) Supplemental Benefit.
“Available funds” shall be used to pay an “extra benefit” as set forth in this Section, from “additional
premium tax revenues” as defined by Section 175.351(1)(a), Florida Statutes. An Ad Hoc supplemental
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benefit shall be paid annually, following one full year of retirement (disability, early or normal, DROP
or deferred vested retirement), to eligible retirees who have entered pay status. After the Board approves
payment, the distribution shall be made by the end of the second calendar quarter.
(b) Using available funds, an Ad Hoc supplemental benefit shall be paid to each eligible retiree who
retires after the adoption of this ordinance, provided that additional premium tax revenue is available.
For purposes of this section, eligible retiree shall mean any member who is currently employed and
future members who retire after earning ten or more years of actual service, including DROP
participants. Any Ad Hoc supplemental benefits payable under this Section to active DROP participants
shall be paid into a member’s DROP account, beginning one year after entering DROP.
(c) Calculation of Ad Hoc Benefit.
Each eligible retiree shall receive a distribution of available funds of up to five hundred dollars ($500)
per year of credited service, for each year of credited service in the plan, not to exceed twenty years.
The City delegates to the Pension Board the ability to adopt administrative rules to implement this
ordinance.
(d) Calculation of available funds:
On the date of adoption of this ordinance, the pension plan provides for a twelve percent (12%) member
contribution rate. Any future increases in the member contribution rate over twelve percent (12%),
including but not limited to COLA costs described in Section 18-180.2, shall first be deducted from
available funds. Prior to paying Ad Hoc supplemental benefits, the availability of additional premium
tax revenues and available funds shall be confirmed in writing by the Pension Board’s actuary. From
time to time, the Pension Board may recommend adjustments to the calculation formula, based on the
projected status of available funds.
(e) Lump Sum Supplemental Benefit for Eligible Recent Retirees.
Available funds shall also be used by the Board to pay a lump sum supplemental benefit to recent
retirees who separated from service on or after October 1, 2005 but prior to the adoption of this
ordinance. The lump sum benefit shall be calculated based on the number of years of service between
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October 1, 2005 and retirement. The lump sum shall be paid in annual installments corresponding to the
number of years of service worked subsequent to October 1, 2005. Such retirees shall not be eligible for
future Ad Hoc supplemental benefits.
(f) Non-Guarantee of Benefits.
Prior to payment of any benefit under this Section, eligible retirees shall acknowledge in writing that
they have no right, title or interest in Ad Hoc supplemental benefits in any future year. Eligible retirees
shall further acknowledge that they have no expectation in any future Ad Hoc supplemental benefits
since there may be years where no Ad Hoc supplemental benefit is paid, based on the availability of
additional premium tax revenue. Eligible retirees shall specifically acknowledge that available funds and
additional premium tax revenues may be used for other purposes in the future, as determined by the
collective bargaining process.
Section 2: That all Ordinances or parts of Ordinances in conflict herewith be and the same
are hereby repealed.
Section 3: Should any section or provision of this Ordinance or portion hereof, any
paragraph, any sentence, or word be declared by a court of competent jurisdiction to be invalid, such
decision shall not affect the remainder of this Ordinance.
Section 4: Authority is hereby granted to codify this Ordinance.
Section 5: This Ordinance shall become effective immediately upon passage.
FIRST READING this ____ day of _______________, 2010.
SECOND, FINAL READING AND PASSAGE this _____ day of _____________, 2010.
CITY OF BOYNTON BEACH, FLORIDA
______________________________
Mayor – Jose Rodriguez
______________________________
Vice Mayor – Marlene Ross
______________________________
Commissioner – William Orlove
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______________________________
Commissioner – Woodrow L. Hay
ATTEST:
_______________________________
Commissioner- Steven Holzman
___________________________
Janet M. Prainito, MMC
City Clerk
(Corporate Seal)
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From: Shoemaker, Trish [mailto:Trish.Shoemaker@dms.myflorida.com]
Sent: Wednesday, July 28, 2010 3:30 PM
To: ladueb@bbpension.com
Cc: Henderson, Luke; Adam Levinson
Subject: RE: Boynton Beach Fire - ad hoc supplement
Dear Ms. La Due:
This is to confirm receipt of your July 10 letter with attached letter of no actuarial impact (dated May 12, 2010) and
a proposed ordinance amending the Boynton Beach Firefighters' Pension Plan to provide an annual ad hoc
supplemental benefit for recent and future retirees from the increases in the state premium tax moneys.
This proposal appears to be the same as the version submitted by Mr. Levinson earlier in June, and is
acceptable.
Please provide a copy of the ordinance when final along with a codified copy of the plan, including all
amendments, as soon as it becomes available.
Thank you for your cooperation and assistance in this matter.
Sincerely,
Trish
Patricia F. Shoemaker
Benefits Administrator
Municipal Police Officers' and
Firefighters' Retirement Funds
Division of Retirement
E-Mail: trish.shoemaker@dms.myflorida.com
Website: http://www.myflorida.com/frs/mpf
Phone Number: 850-414-6320
Fax Number: 850-921-2161
Toll Free Number: 877-738-6737
We Serve Those Who Serve Florida
DISCLAIMER NOTICE:
This email, along with any included attachment(s), is intended for use only by the person(s) or entity to which it is addressed.
This message may contain confidential, proprietary, and/or legally privileged information. If you are not the intended
recipient of this message, we apologize for any inconvenience this may have caused. You are hereby notified that you are
prohibited from printing, copying, storing, disseminating or distributing this communication. If you received this
communication in error, please notify the sender by email or by telephone at (850) 488-5540 or toll-free at (866) 738-2366 if
Tallahassee is not a local call for you. All record of the communication you received in error (electronic or otherwise) should
be destroyed in its entirety. Thank you for your cooperation and assistance in this matter.
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9. B
PUBLIC HEARING
August 3, 2010
COBB
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TABLED ON JULY 20, 2010 to be heard on August 17,
EQUESTED CTION BY ITY OMMISSION
2010 - Request for relief from the City of Boynton Beach Land Development Regulations, Chapter 2,
Zoning, Section 5.B.2.a., requiring: (1) a minimum front yard setback of 25 feet, to allow a variance of 18
feet and a front yard setback of 7 feet; and (2) a minimum rear yard setback of 20 feet, to allow a
variance of 20 feet and a rear yard setback of 0 feet, for a proposed carport accessory to a single-family
residence within the R-1-AAB Single-family Residential zoning district. Applicant: Dr. Steven D. Jaffe
ER:
The applicant has now met their public hearing notification
XPLANATION OF EQUEST
requirements and therefore the subject item can be reviewed by the City Commission. The
applicant (and property owner) proposes a freestanding metal carport for storage of a boat
trailer for a 21 foot boat docked in the canal to the rear of the residence. The size of the
proposed carport is 12 feet wide, 24 feet to 26 feet long, approximately 288 to 312 total square
feet, and 7 feet to 8 feet high. The proposed location of the structure is on an existing concrete
slab, abutting the north side of the existing three (3) car garage. The proposed carport would
be located seven (7) feet from the front property line, resulting in an encroachment of 18 feet
into the minimum front setback, and zero (0) feet from the rear setback, or an encroachment of
20 feet into the minimum rear setback. Therefore, variances to the minimum front and rear
setbacks are required prior to the issuance of a building permit for the proposed carport.
Staff recommends that the subject request be denied, as not all the hardship/review criteria are
satisfied. However, if the City Commission favors the variance request, staff has also provided
additional information within the staff report, for consideration, which provides a more detailed
description of the remote lot characteristics and adjacent land uses, its lacking visibility from,
and impact upon the abutting right-of-way, and an indication that no objection has been raised
by the neighbors. Furthermore, staff recommends two conditions of approval to be considered
by the Commission if the project is approved. One condition would require that the new
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structure be constructed of materials that match the abutting, permanent garage and house,
and the other condition would require that no portion of the new structure encroach onto, or
overhang over the abutting canal right-of-way unless written permission is received from the
Lake Worth Drainage District.
The Planning and Development Board reviewed the request on June 22, 2010 and forwards it with a
recommendation for approval, subject to the conditions of approval recommended by staff.
H?
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Not approve subject request.
LTERNATIVES
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DEVELOPMENT DEPARTMENT
PLANNING AND ZONING DIVISION
MEMORANDUM NO. PZ 10-036
STAFF REPORT
To:
Chair and Members
Planning and Development Board
Thru:
Michael Rumpf
Planning and Zoning Director
From:
Kathleen Zeitler
Planner II
Date:
May 17, 2010
Project:
3416 South Lake Drive (Jaffe) Variances (ZNCV 10-006)
Requests:
Request for relief from the City of Boynton Beach Land Development Regulations,
Chapter 2. Zoning, Section 5.B.2.a., requiring a minimum front yard setback of 25 feet, to
allow a variance of 18 feet and a front yard setback of 7 feet; and,
Request for relief from the City of Boynton Beach Land Development Regulations,
Chapter 2. Zoning, Section 5.B.2.a., requiring a minimum rear yard setback of 20 feet, to
allow a variance of 20 feet and a rear yard setback of 0 feet, for a proposed carport
accessory to a single-family residence within the R-1-AAB Single-family Residential
zoning district.
BACKGROUND
The subject property is generally located east of Interstate 95 near the southern limits of the City within
the Lake Eden subdivision. The 0.29-acre lot is on the east side of South Lake Drive and abuts the
L.W.D.D E-4 Canal to the east (see Exhibit “A” – Location Map). The subject property and Lake Eden
neighborhood are currently zoned R-1-AAB, Single-family Residential. The required minimum
setbacks of the R-1-AAB zoning district are as follows: front yard, 25 feet; side yard, 10 feet; and rear
yard, 20 feet.
In 1973, the subject site was developed as a one-story single-family residence with an attached two (2)-
car garage. According to the Palm Beach County Property Appraiser’s records, the residence on the
subject property is a four (4)-bedroom, two (2)-bath house consisting of 1,521 square feet of air-
conditioned space, and a total of 2,352 square feet. The subject property also has a swimming pool and
a new freestanding three (3)-car garage.
In 2008, the applicant was granted variances to the front and rear yard setbacks to construct the
freestanding 3-car garage, with reduced setbacks of 14 feet in the front yard and two (2) feet in the rear
yard (ZNCV 08-005). On July 2, 2009, a Certificate of Occupancy was issued for the newly constructed
3-car garage.
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The applicant’s current variance requests are in conjunction with his proposed plan for a freestanding
open carport to use for boat storage next to the existing 3-car garage (see Exhibit “B” – Site
Plan/Survey).
PROPOSAL
The applicant proposes a freestanding metal carport for storage of a boat trailer for the 21 foot boat that
is docked in the canal to the rear of the residence. The carport is proposed immediately north of the
existing three (3)-car garage within the narrow triangular-shaped portion of the subject lot. The
applicant has preliminary information regarding the proposed dimensions of the carport that indicate a
desired width of 12 feet, length of 24 to 26 feet (approximately 288 to 312 total square feet) and height
of seven (7) feet to eight (8) feet. The proposed carport would be made entirely of prefabricated steel
with a pitched roof supported by poles and open on all sides, and anchored into an existing concrete
slab. At this time, the applicant has not decided on which company to purchase the carport from, and
therefore has no specifications to submit. Staff has included a photo of a carport structure similar in
appearance to the proposed carport (see Exhibit “C”). The applicant understands that, if the variance
requests are granted, the Building Code will require the carport to meet windloads of 140 miles per hour.
As indicated on the Survey/Site Plan submitted, the proposed carport would be located seven (7) feet
from the front property line, resulting in an encroachment of 18 feet into the minimum front setback, and
also would be located zero (0) feet from the rear property line, resulting in an encroachment of 20 feet
into the minimum rear setback. Therefore, variances to the minimum front and rear setbacks are
required prior to the issuance of a building permit for the proposed carport.
ANALYSIS
The City Commission has the authority and duty to authorize upon appeal such variance from the terms
of a city ordinance as will not be contrary to the public interest when, owing to special conditions, a
literal enforcement of the provisions of the city ordinance would result in unnecessary and undue
hardship. In order to authorize any variance from the terms of an ordinance, the applicant must
demonstrate that the request meets the following criteria (a-g). The applicant’s justification and
response to these criteria is attached (see Exhibit “D” - Justification Statement).
a.That special conditions and circumstances exist which are peculiar to the land, structure, or
building involved and which are not applicable to other lands, structures or buildings in the same
zoning district.
The applicant notes in his justification (Exhibit “D”) that the subject lot is pie-shaped with very
little buildable area on the lot. Staff has conducted an analysis with emphasis on the uniqueness of
the subject property relative to other parcels in the Lake Eden subdivision and neighborhood
impact. Staff recognizes that special conditions do exist at this location relative to other properties
within the neighborhood that are similarly zoned. The platting pattern for the majority of lots
within the Lake Eden subdivision is rectangular in shape with the exception of the subject lot,
which is triangular in shape. No other parcels in the neighborhood are as irregularly-shaped, but
instead have typical buildable envelopes.
It should be noted that construction of the proposed carport on the subject lot would not be
feasible without encroaching within the required front and rear yard setbacks due to the minimal
depth of the lot. Unlike typical rectangular-shaped lots, which have a rear yard and two (2) side
yards, this property provides a front, a rear and only one (1) side yard along the south property
line. Further, the front (west) and rear (east) property lines taper to the north to form a triangle. If
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this parcel was rectangular-shaped, comparable to other lots along the canal and throughout the
subdivision, the proposed carport would be feasible without the need for the requested variances.
b.That the special conditions and circumstances do not result from the actions of the applicant.
The applicant notes in his justification that the size and configuration of the subject lot are not the
result of the applicant’s will or actions. The property lines have remained as originally platted.
Although the subject lot size of 12,924 square feet conforms to the minimum lot area of 9,000
square feet required in the R-1-AAB zoning district, it is clear that the triangular shape of the lot
results from the convergence of the angle of South Lake Drive and the opposing angle of the
canal right-of-way. Staff concurs with the applicant that special conditions and circumstances do
exist, related to lot configuration, which are not the result of actions by the applicant. Therefore
the subject property presents a unique situation relative to other lots in the Lake Eden subdivision.
Although an argument could be made that the special conditions and circumstances are not the
result of the applicant, ultimately the applicant purchased a property that provided them limited
opportunities for potential expansion.
c.That granting the variance requested will not confer on the applicant any special privilege that is
denied by this ordinance to other lands, buildings, or structures in the same zoning district.
Although granting the variance would allow the applicant more use of his irregular-shaped
property, the subject property already supports an attached 2-car garage (460 square feet), a
detached 3-car garage (912 square feet), and a swimming pool. With the additional proposed
carport (288 to 312 square feet), the applicant would have more than 1,675 square feet of accessory
buildings on site. Records indicate most garages in the subdivision are between 500 and 700
square feet in size. There are a couple exceptions where very large residences were constructed on
multiple (combined) lots, and the corresponding garages are less than 1,400 square feet. In
addition, existing garages in the neighborhood are attached and constructed with the same
architecture, color, and materials as the residence. Records indicate the existing two (2) carports in
the subdivision are not freestanding and have been integrated into the architecture of the residence,
unlike the proposed carport. There are no records found of setback variances for the subdivision,
except the previously granted variance for the 3-car garage on the subject property (ZNCV 08-
005). Therefore, granting the requested variance to further reduce minimum setbacks to seven (7)
feet in the front yard and zero (0) feet in the rear yard would likely confer special privileges on the
applicant.
d.That literal interpretation of the provisions of this ordinance would deprive the applicant of rights
commonly enjoyed by other properties in the same zoning district under the terms of the ordinance
and would work unnecessary and undue hardship on the applicant.
Literal interpretation of the provisions of the ordinance would not deprive the applicant of rights or
cause undue hardship. Typically, waterfront properties in the neighborhood have boats located at
the dock to the rear of the residence, and a few lots have boathouses near the water’s edge. The
applicant currently has a 2-car attached garage and a 3-car detached garage on his lot, which
already exceeds the typical 2-car to 3-car garage found in the area. The applicant could adequately
store the boat trailer on site either by storing it inside of an existing garage, or by parking the trailer
next to the garage and covering with a tarp. The boat trailer also could be stored off-site at a
storage facility. These alternative storage options are viable solutions available to other residents
in the area that would not require a variance.
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e.That the variance granted is the minimum variance that will make possible the reasonable use of
the land, building, or structure.
The requested variances are not considered to be the minimum that will make possible the
reasonable use of the single-family lot. The applicant currently has reasonable use of the subject
lot due to the existing single-family residence of 2,352 square feet, and the existing detached 3-car
garage of 912 square feet, and swimming pool. The requested variance amounts of 18 feet (front)
and 20 feet (rear) equal 72 percent (72%) and 100 percent (100%) of the minimum required
setbacks, respectively.
f.That the granting of the variance will be in harmony with the general intent and purpose of this
chapter [ordinance] and that such variance will not be injurious to the area involved or otherwise
detrimental to the public welfare.
Granting the variance would not meet the intent of the ordinance. Building setbacks are generally
intended to provide uniformity to a neighborhood, allow a certain measure of privacy between
neighbors, provide space for light and air circulation, and provide distance between neighbors to
mitigate noise and odors. It is common among most jurisdictions for codes to restrict accessory
buildings from locating in the front yard or closer to the road than the principal structure. The
location of an accessory building should be unobtrusive in relation to the principal building, and is
customarily placed behind the residence and screened from view of neighboring properties.
In addition, the Lake Eden neighborhood is considered to be one of the City’s upscale areas. The
carport would be located at the entrance to the subdivision and, as proposed, would not be
consistent with existing characteristics of the neighborhood. The existing detached three (3)-car
garage was designed to be of similar architecture as the residence and include a side door and
rear windows in addition to the overhead garage doors. The architecture, building materials, and
colors for the recently constructed three (3)-car garage were compatible with the existing
residence. However, the proposed carport is open on all sides and consists of a pre-fabricated
metal roof supported by metal poles. The architecture and building materials for the proposed
carport are not compatible with any other structures on site or in the area.
g.For variances to minimum lot area or lot frontage requirements, that property is not available
from adjacent properties in order to meet these requirements, or that the acquisition of such
property would cause the adjacent property or structures to become nonconforming.
The requested variances are for reduced setbacks, rather than for lot area or frontage requirements,
therefore this criteria is not applicable.
CONCLUSIONS / RECOMMENDATION
Staff has reviewed the requested variances focusing on the applicant’s response to the above criteria
contained in Exhibit “D”. The code states that the zoning code variance cannot be approved unless the
board finds compliance with all the stated criteria. As noted above, staff indicates that only some of the
criteria are met.
The existing improvements on the property, which include a residence with an attached two (2)-car
garage, an unscreened pool, and a detached 3-car garage represent “reasonable use” of a parcel
zoned for single-family homes.
A hardship clearly does not exist in this case because the situation was created by the applicant’s desire
to have multiple accessory structures on a comparably small lot that is already built-out. The variance
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requests could be avoided by either covering the boat trailer with a tarp, or storing the boat trailer off-
site at a storage facility. Therefore, based upon these findings, staff recommends that this request be
DENIED
.
Staff is generally supportive of residential redevelopment and associated improvements and recognizes
that past variance requests have been reviewed by the City using more than the traditional criteria, or
interpretations of this criteria, which places greater emphasis on economic potential, minor home
improvements, and characteristics of or impact upon surrounding properties. For these reasons, staff
offers the following additional information for consideration:
1. While the proposed carport is to be located seven (7) feet from the front property line, South Lake
Drive is a local street with 60 feet of right-of-way width consisting of 20 feet of asphalt and 20 feet of
swale on each side. There are no sidewalks in the Lake Eden neighborhood, therefore the
proposed carport would be located a total of 27 feet from the edge of the asphalt roadway, which
would maintain adequate space and views along South Lake Drive. In addition, the proposed
carport is to be located on the rear property line; however, the subject property abuts a 150 foot
wide canal right-of-way to the rear (east), which provides greater than typical separation between
single-family dwellings, and would prevent any negative impacts on adjacent properties to the east.
2. The carport for boat trailer storage would be located on the north edge of the subject property.
There is no abutting residence to the north, therefore preventing any impacts of the proposed
carport on adjacent properties to the north.
The location of the proposed carport would not block the view of motorists backing out of their
3.
driveway, or other driveways along South Lake Drive, as the approximate length of driveways are
45 feet, and most residences also have circular drives in addition to the driveway in front of their
garage.
The proposed carport would not be visible from the right-of-way or from adjacent properties due to
4.
existing tall hedges along the front property line and within the L.W.D.D. canal right-of-way; and
Staff has received no letters of objection regarding the requested setback variances.
5.
Staff recommends two (2) conditions of approval that would apply if the variance requests were
approved (see Exhibit “E” – Conditions of Approval). Any conditions of approval added by the
Planning & Development Board or the City Commission will be placed in Exhibit “E”.
MR/kz
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EXHIBIT "E"
Conditions of Approval
Project name: Jaffe Variances
File number: ZNCV 10-006
DEPARTMENTS
INCLUDE REJECT
PUBLIC WORKS- Forestry
Comments: None X
FIRE
Comments: None X
POLICE
Comments: None X
ENGINEERING DIVISION
Comments: None X
UTILITIES
Comments: None X
BUILDING DIVISION
Comments: None X
PARKS AND RECREATION
Comments: None X
FORESTER/ENVIRONMENTALIST
Comments: None X
PLANNING AND ZONING
Comments:
1. If the variance request is approved, the carport shall be required to be X
constructed as an addition to the existing 3-car garage with the same
architecture, building materials, and building colors, to be more
compatible with existing accessory structures in the area.
2. If the variance request is approved, the plans submitted for building X
permit shall reflect no carport overhang on the L.W.D.D. E-4 Canal
right-of-way, or shall include submission of a letter authorizing such
overhang from the L.W.D.D.
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DEPARTMENTS
INCLUDE REJECT
ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS
Comments:
None X
ADDITIONAL CITY COMMISSION CONDITIONS
Comments:
To be determined.
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DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA
PROJECT NAME: Jaffe Variances (ZNCV 10-006)
APPLICANT’S AGENT: Dr. Steven Jaffe
APPLICANT’S ADDRESS: 3416 South Lake Drive, Boynton Beach, FL 33435
DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: July 20, 2010
TYPE OF RELIEF SOUGHT: Variance approval for relief from the City of Boynton Beach Land
Development Regulations, Chapter 2, Zoning, Section 5.B.2.a., requiring a front building setback of 25 feet, to
allow an 18-foot variance, and a front building setback of 7 feet, and requiring a rear building setback of 20 feet,
to allow a 20-foot variance, and a rear building setback of 0 feet for a proposed carport accessory to a single-
family residence in the R-1-AAB zoning district.
LOCATION OF PROPERTY: 3416 South Lake Drive, Boynton Beach
DRAWING(S): SEE EXHIBIT “B” ATTACHED HERETO.
____X____ THIS MATTER came before the City Commission of the City of Boynton Beach, Florida
appearing on the Consent Agenda on the date above. The City Commission hereby adopts the findings and
recommendation of the Planning and Development Board, which Board found as follows:
OR
________ 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 “E” 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:__________________________ ________________________________________________
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City Clerk
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EQUESTED CTION BY ITY OMMISSION
of the Boynton Beach Links, Municipal Golf Course (August 17, 2010)
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Construction Management At Risk Process (September 7,
EQUESTED CTION BY ITY OMMISSION
2010)
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Police Complex -- Discussion of project timing, scope,
EQUESTED CTION BY ITY OMMISSION
location and funding alternatives available (TBA)
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1st Budget Public Hearing & Adoption of Proposed FY
EQUESTED CTION BY ITY OMMISSION
2010-2011 Annual Operating & CIP Budget – NOTE: This will be a Special Meeting held on 9/13/10 at
6:30 pm – Commission Chambers
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EQUESTED CTION BY ITY OMMISSION
Fire Assessment Resolution - NOTE: This will be a Special Meeting held on 9/13/10 at 6:30 pm –
Commission Chambers
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2nd Budget Public Hearing & FINAL Adoption of FY 2010-
EQUESTED CTION BY ITY OMMISSION
2011 Annual Operating & CIP Budget - NOTE: This will be a Special Meeting held on 9/27/10 at 6:30
pm – Commission Chambers
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RACC:
Follow up discussion from Commission Retreat regarding
EQUESTED CTION BY ITY OMMISSION
Downtown Development and Old High School plan Initiatives.
ER:
On May 22, 2010 during a City Commission Team Building Retreat
XPLANATION OF EQUEST
the City Commission participated in an exercise on how to “approach issues and solve
problems by working together as a team to achieve success”. A copy of the power point
presentation made by the retreat facilitator, Ms. Jeanine Rizzo is attached as well.
The exercise involved discussions on the top two of five “priorities” that were identified by the
participants as key program initiatives for the City. The participants included the City
Commission, City Manager, City Attorney and Assistant City Manager.
By consensus, the top two initiatives identified were: 1) Downtown Development and 2) Old
High School.
The five initiatives included: 1) Downtown Development
2) Old High School
3) Economic Development
4) Green Sustainability
5) Expanded Amphitheater/Relocate Police Dept.
The exercise required the participants to break into two teams to develop a Project
Management Plan for these initiatives. The project plan notes are attached. The minutes from
the Retreat are attached as well.
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This item is brought before the Commission to facilitate follow up discussions and identify a
“course of action” on how to proceed with the planned initiatives. During the exercise the
participants attached a timeframe for which action was to be taken on the Old High School
project. December 2010 was established as a target date by which a design/build timeline
should be identified. A major component of the exercise was to identify what the “next steps”
need to be to move forward on these projects.
The Commission may wish to consider scheduling a special meeting or workshop to allow the
opportunity for focused discussions on these projects in order to adhere to the timeframe
outlined and agreed upon by the Commission and to further develop a plan of action on both
projects.
H?
Identify a course of action to address the
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
top two Commission priorities.
FI:
Depends on course of action taken.
ISCAL MPACT
A:
Not to move forward with further planning of the top two identified initiatives at
LTERNATIVES
this time.
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OLD HIGH SCHOOL RESPONSIBLE TARGET
PARTY DEADLINE
SCOPE
Preserve for Private/Public Community Use
OBJECTIVES
Identify possible uses with preservation
strategies
National Historic Registry?
o
RISKS
Funding priorities
Current Building Condition/Constraints
Public Support (lack of)
Economic Viability
DOCUMENT ASSUMPTIONS
Building could be structurally preserved
Public support exists
Financing exists
Viable users or owners
ALTERNATIVES
Fiscal Analysis
Do nothing
Demolish
Input from Preservation Board
o
COURSE OF ACTION
Commission decision to preserve
Identify compatible use(s) with DTMP
Identify Financing vehicle(s)
Garner Public Support
CHANGE OF MANAGEMENT PLAN
Marketing Options
Public involvement
Sell vision and community benefits
COMMUNICATION PLAN
Social Media
Develop volunteer base
“Buy A Brick” program
PLAN
1.Create Schedule:
Design/Build timeline by
12/10/2010
2.Assign Resources:
Public/private grants; Fund
Appropriation
3.Create Budget:
Obtain cost estimate, O&M
cost estimate and Design build costs
a.Project phasing needed?
NEXT STEPS: COMMITMENTS MADE
Mayor Jose Rodriguez- Private/public
business/cultural
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Comm. Bill Orlove- Communication/Marketing
plan to promote
City Manager- Kurt Bressner- Utilize staff to
do fact finding
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DOWNTOWN DEVELOPMENT RESPONSIBLE TARGET
PARTY DEADLINE
SCOPE/DEFINED AREA
th
Ocean Ave, 4 Street, BB Blvd, Seacrest,
Federal Highway
Marina District Separate, H.O.B (Heart of
Boynton)
OBJECTIVES
Existing business
Retention
o
Expansion
o
Attract new businesses
Pedestrian friendly
Destination/Social hub
RISKS
BB CRA issues/inconsistent goals
Financing
DOCUMENT ASSUMPTIONS
Will City hall and PD Facility stay?
T.I.F. money available?
ALTERNATIVES
No downtown
Residential redevelopment
Affordable housing
Small business development
No CRA
COURSE OF ACTION
Decide on where to place City hall and PD
Reaffirm DMP
CHANGE OF MANAGEMENT PLAN
As is . . . to be?
Present to Public/Business community
COMMUNICATION PLAN
Public Service Announcements
City Web site
BBTV
Charities
NEXT STEPS: COMMITMENTS MADE
Mayor Jose Rodriguez- private/public
partnership business cultural
Comm. Bill Orlove-
Communication/Marketing plan to promote
City Manager- Kurt Bressner- Utilize staff to
do fact finding
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12. B
NEW BUSINESS
August 3, 2010
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RACC:
Authorize request for qualifications for planning and study
EQUESTED CTION BY ITY OMMISSION
activity for a historic high school campus master plan.
ER:
At the July 13, 2010 Boynton Beach Community Redevelopment
XPLANATION OF EQUEST
Agency meeting the CRA Board approved a motion to encumber $52,000.00 of CRA funds for
consulting services for the redevelopment of the historic high school. The funds were
encumbered for a period of four months contingent on subsequent approval of a tri-party
agreement between the City, the CRA, and a to-be-named consultant.
The City’s purchasing regulations (APM 10.08.01) provides for procedures for contracting for
professional services. The policy requires that the City obtain professional services for
planning and studying activity through a competitive selection process when the cost of the
services will exceed $25,000.00. The policy requires that the procedures set forth in Florida
Consultants Competitive Negotiation Act (CCNA) be followed.
The Community Redevelopment Agency Procurement Policy likewise requires that a
competitive selection process be followed for professional services when the cost of services
exceeds $25,000.00.
The City has received a proposal from the IBI Group, Inc., which would cover the scope of
services for a master plan study for the historic high school site however the proposal has not
been submitted in accordance with either the City or CRA procurement policies which, as
noted above, require competitive selection.
IBI Group, Inc., currently provides consulting services to the City. In October 2005 the City
entered into an Agreement with The RMPK Group to provide landscape architectural
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consulting services. RMPK Group was the successful respondent to a request for
qualifications wherein the City sought proposals from “qualified landscape architectural firms to
provide general professional landscape architectural services in accordance with the
Consultants Competitive Negotiations Act, Section 287.055, Florida Statutes.” RMPK’s
Agreement was later assigned to IBI Group, Inc. The scope of services under the Agreement
awarded to RMPK is limited in scope and not broad enough to allow IBI Group, Inc., to provide
the consulting services now sought in relation to the historic high school redevelopment. It is
not possible to expand IBI Group’s contractual services at this time.
To advance the objectives discussed at the CRA meeting and expedite the preparation of a
historic high school site master plan, authorization is sought to issue a request for
qualifications.
The RFQ, if authorized by the City Commission may include the following basic tasks or other
tasks as designated by the City Commission:
1. Tie all previous structural evaluations of the building together with a summary update of
expected costs in 2010-2011 for basic renovation.
2. Identify, through a space analysis of the present structure, opportunities for adaptive
reuse of the structure.
3. Identify the pros and cons of historic preservation for the building.
4. Prepare an evaluation of funding mechanisms for the refurbishment and adaptive reuse
including the use of New Market Tax Credits, Historic Preservation Tax Credits,
foundation or grant funding and conventional bonding of refurbishment costs.
5. Through a public engagement process, identify a list of prospective uses including
private organizations, non-profit organizations and civic use. The list would contain an
estimate of fiscal impact, if any to the City through evaluation of partnership
opportunities. The analysis will also present a recommended program to the City for
uses, ownership vs. lease options, financing and building management cost estimates.
6. Develop a conceptual design site plan for the building and parking areas.
7. Prepare an implementation time-line with critical project items and assignment of
responsible parties.
For historical information purposes, attached is a list of previous studies on the Old High
School.
The City currently has advertised a Request for Qualifications for a “Two YearContract for
General Consulting and Engineering Services for the City of Boynton Beach.” The responses
to that RFQ are required to be received by Procurement Services no later than August 11,
2010. The work under this RFQ may include design services, design-build services,
permitting, bidding services, construction administration, and all miscellaneous services for the
areas of stormwater, public drinking water, wastewater collection and transmission, and
reclaimed water transmission and distribution and Civil works. In addition, the work may
include architectural and landscape design services for parks, public spaces, and recreation
facilities. More specifically, Exhibit E to the Scope of Services of the pending RFQ reads as
follows:
ARCHITECTURAL and LANDSCAPE DESIGN SERVICES
Development of park and public space conceptual plans and site planning
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Development of park and public space master plans
Development of landscape and irrigation plans
Preparation of plans and specifications for Parks and Recreation facilities
General landscape architectural services
Development of entryway, identification and interpretive signage
Pedestrian and bikeway design and specifications
Design of barrier-free facilities
Structural Analysis and Assessments
H?
Authorizing a request for qualifications will
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
advance the redevelopment of the historic high school site in a manner consistent with both
the City and the CRA’s procurement policies.
FI:
Assuming that responses to the RFQ can result in a negotiated agreement for
ISCAL MPACT
services not to exceed the CRA’s allocation of $52,000, there will be no fiscal impact on the
City. It may be necessary for the CRA to more definitively appropriate the funds for this
proposed planning study through the CRA budget process for fiscal year 2010/11.
A:
LTERNATIVES
A. Require the CRA or a third party entity to coordinate and pay for the development of a
historic high school site master plan.
B. Do not proceed with the RFQ until such time that funds are available to implement the
conceptual design site plan for the building and parking areas.
C. Wait for the current pending RFQ responses, designate a top-ranked firm from the new list
in the proper CCNA category and negotiate a contract for the services needed for the
historic high school redevelopment.
D. Do not proceed with the RFQ at this time.
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Exhibit A: High School Studies
There were also previous studies that incorporated or discussed the Old High School and they are
summarized as follows:
Study for the Historical Restoration of the Boynton Beach Historic Schools – June 1993 by Smith
Architectural Group, Inc.
Historic Sites Survey – Boynton Beach – September 1996 by Research Atlantica, Inc.
Boynton Beach 20/20 Redevelopment Master Plan – September 1998: This plan retained the Old High
School as a “Civic Building” and eliminated the old Civic Center across the street.
Conceptual Design and Feasibility Report for Old Boynton High School “Cultural Center” – REG
Architects and Hendrick Brothers Construction, September 2001
Boynton Beach Historic High School – Existing Conditions and Structural Analysis – November 7,
2003, Bender and Associates Architects
Old High School Task Force Report – December 2003 – This report recommended that the Old High
School be renovated/rehabilitated and that the Task Force be given the opportunity to identify users,
develop a use allocation plan, design an area master plan and design a Business Plan Performa including
sources of capital.
Limited Asbestos Renovation Survey Report for Historic Boynton Beach High School – January 2004.
Report prepared by Evans Environmental & Geosciences (EE&G) for Bender and Associates. (Formed
the basis for City funded asbestos abatement project.)
Ocean District Community Redevelopment Plan – February 2004 – This plan included options to either
retain or remove the Old High School. Most alternatives suggested its removal, except for Alternative 5
which was the proposed School House Museum, with the High School building being preserved and
rehabilitated.
Town Square Plan – January 2005 – This plan included two alternatives regarding the Old High School.
Alternative 1 included preservation of the Old High School at a cost of $5.2 M, to be used as a future
cultural facility with a new community center. Alternative 2 recommended demolition of the Old High
School and construction of a larger, multi-purpose community center and cultural facility.
Downtown Master Plan – January 2009 - Approved by City Commission. Report identifies High School
in the Cultural and Civic Campus recommending adaptive reuse of the core structure of the Boynton
Beach High School. Core structure is not defined in the report.
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13. A
LEGAL
August 3, 2010
COBB
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RACC:
PROPOSED ORDINANCE NO. 10-017 - FIRST
EQUESTED CTION BY ITY OMMISSION
READING - titled "Live Entertainment Permits" (Exhibit "A") - TABLED ON JULY 20, 2010
ER:
This Ordinance intends to update and redefine the methodology by
XPLANATION OF EQUEST
which staff reviews business establishments that feature live entertainment. The need for
increased oversight is due in part to recent trending towards mixed use development and to
better address existing situations where residential and commercial uses are in close
proximity.
The emphasis of this legislation focuses on a comprehensive application process and staff
review to ensure compliance with our land development regulations and noise ordinance prior
to City Commission approval of a live entertainment permit application. Furthermore it’s
intended to promote a more harmonious existence between residents and business
establishments while providing for a well defined enforcement mechanism for those who
choose not to comply. Modifications are proposed in our noise ordinance in conjunction with
this approval that further define the parameters by which establishments can provide
entertainment to their customers without interfering with their residential neighbors reasonable
expectations for quiet during certain hours and days of the week.
H?
It’s anticipated the proposed Ordinance
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
will assist staff in better monitoring those businesses that feature live entertainment and should
serve to reduce the need for real time monitoring and call response by the Police Department
and/or Code Compliance.
FI:
It is anticipated the permit fees will recover staff expenses in reviewing and
ISCAL MPACT
processing applications while reducing calls for service from the Police Department/Code
Compliance therefore providing a potential savings in resources.
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A:
Choose to modify this Ordinance or continue using Ordinances currently in
LTERNATIVES
place.
City Manager Comment: This is the first reading of the proposed ordinance. There may be
comments from business owners on the proposed ordinance. A committee made up of City
staff, Chamber of Commerce staff and CRA staff worked on this proposal.
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ORDINANCE NO. 10-____
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
BOYNTON BEACH, FLORIDA AMENDING THE CITY OF
BOYNTON BEACH CODE OF ORDINANCES BY ENACTING
CHAPTER 13, ARTICLE III, “LIVE ENTERTAINMENT
PERMITS”; TO PROVIDE FOR THE PROCEDURES FOR
ISSUING LIVE ENTERTAINMENT PERMITS, PUBLIC NOTICE
AND HEARING; PROVIDE FOR CONDITIONS OF APPROVAL
FOR LIVE ENTERTAINMENT PERMITS, REGULATION, AND
PROCESS FOR REVOCATION; PROVIDING FOR
ENFORCEMENT AND PENALTIES; PROVIDING FOR
CONFLICTS, SEVERABILITY, CODIFICATION AND AN
.
EFFECTIVE DATE
WHEREAS
, the City Commission desires to amend the City’s Code of Ordinances to provide
for a mechanism to regulate the performance of live entertainment within commercial establishments
located in the City in order to insure that the live entertainment is compatible with adjacent properties;
and
WHEREAS
, by regulating the issuance of live entertainment permits, and amending the City’s
Noise Control Ordinance, the City Commission recognizes the need to allow for live entertainment in
commercial areas, including mixed use developments, so long as there are no adverse impacts to
adjacent residential uses; and
WHEREAS,
the implementation of the live entertainment permit process is in the best interest
of the health, safety, and welfare of the residents, citizens, and businesses within the City of Boynton
Beach.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
BOYNTON BEACH, FLORIDA, THAT:
Section 1. The foregoing whereas clauses are true and correct and are now ratified and
confirmed by the City Commission.
Section 2. That Chapter 13 of the City of Boynton Beach Code of Ordinances be, and the
same is herby amended by enacting a new Article III, entitled “Live Entertainment Permits,” to read as
follows:
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13-80. Live Entertainment Permit:
(a) Live entertainment defined. "Live entertainment" means a use in conjunction with a restaurant,
cocktail lounge or other similar establishment, wherein floorshows or other forms of entertainment
consisting of 1 or more persons, amplified or non-amplified sound, are provided indoors or outdoors,
including but not limited to entertainment provided by Disc Jockey, Master of Ceremonies, or Karaoke.
(b) Time limits. Any live entertainment permit granted by the City Commission shall expire 12 months
after the date of approval of such live entertainment permit and must be renewed in accordance with
subsection (h) of this section.
(c) Method of approval. A Live Entertainment Permit may be approved by the City Commission after
an application, as provided herein, has been processed by City staff.
(d) Review and approval procedure.
(1) Live Entertainment Permit applications shall be obtained from and filed with the
Development Department, and may be initiated by the owner of the subject property or
the owner's designated representative. All applications must be signed by the property
owner. A complete application will be processed by the Development Department, which
also consists of the required fee and necessary supportive materials, including the
following:
a. A development and site plan, indicating the location of the live
entertainment.
b. A summary of facts concerning the live entertainment, including
proposed days and hours of operation, description of proposed
entertainment, description of premises where entertainment is proposed,
number of entertainers, etc.
c. A valid Business Tax Receipt. All businesses wishing to secure an
Entertainment Permit must conform with all local Zoning requirements.
(2) The applicant shall notify property owners, homeowners associations and
condominium associations located within 400 feet of the property involved in the
petition, informing them of the date, time, place and reason for the public hearing in
accordance with Section 2-20 of the City of Boynton Beach Code of Ordinances. .
(3) The City Commission may approve or deny the Live Entertainment Permit
application. A Live Entertainment Permit may be subject to conditions and additional
restrictions, stipulations and safeguards as may be deemed necessary to ensure
compliance with the intent and purpose of the City’s Code of Ordinances. Such
conditions, when required by the City Commission, shall be made a part of the Live
Entertainment Permit and are in addition to those conditions outlined in subsection (f) of
this section. Violation of such conditions or the standard conditions outlined in
subsection (f) of this section which are made a part of the terms under which the Live
Entertainment Permit is granted shall be considered a violation of this provision of the
City’s Code of Ordinances. A Live Entertainment Permit may be approved by a majority
vote of the City Commission present and voting.
(e) Non-transferable permit. A Live Entertainment Permit is valid only for a specific establishment at a
specific location and is nontransferable to another establishment. If an establishment with a valid Live
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Entertainment Permit ceases operation at a specific location and another establishment begins operation
at this location, the Live Entertainment Permit is nontransferable to the new establishment at the same
location. In addition, if an establishment with a valid Live Entertainment Permit relocates, the permit is
nontransferable to the new location. In both instances, a new Live Entertainment Permit application
must be submitted for City Commission consideration.
(f) Standard conditions of approval for all permits. The following are standard conditions for approval
of all Live Entertainment Permits which are incorporated into the City Commission’s approval of a Live
Entertainment Permit application and made a part of the terms under which the Live Entertainment
Permit is granted:
(1) For indoor entertainment, all doors and windows shall remain closed during
performances, with the exception of momentary use for ingress and egress. If doors
and/or windows are opened during the performance, section (f)(2 ) is applicable.
(2) Section 15-8 of the City’s Code of Ordinances, Noise control-Short title; through
Section 15-10.7, Enforcement and Penalty, inclusive, pertaining to noise, shall apply to
live entertainment, and all live entertainment shall be subject to enforcement of the City’s
Noise Control Ordinance.
(3) Hours of outdoor amplified live entertainment at establishments with a residential
unit or units within 400 feet of the site shall not extend beyond 11:00 p.m. Sunday
through Thursday evenings and.12:00 a.m. on legal holidays, Friday and Saturday
evenings.
(g) Standards for review. In its deliberations concerning the granting of a Live Entertainment Permit,
the City Commission shall carefully consider the following guidelines and standards:
(1) Ingress and egress to the subject property and use, with particular reference to
automotive and pedestrian safety and convenience, traffic generation flow and control,
and access in case of fire or catastrophe, shall be on substantially improved property and
generally conform to current city regulations and not potentially detrimental to existing or
anticipated uses in the vicinity and particularly not detrimental to property immediately
adjacent to the subject site.
(2) Off-street parking areas for the principal use shall be in conformance with applicable
(e.g. parking space requirements) standards with respect to required parking, as well as be
adequate and well-designed, and relate well, in terms of proximity, access and the like, to
the intended entertainment to be serviced, with particular attention to the items listed in
subsection (g)(1) of this section. Further, the smoke, noise, glare, dust, vibrations, fumes,
pollution or odor effects related to the vehicular use area or the live entertainment shall
not be detrimental to the adjoining properties in the general area.
(3) Refuse and service areas, with particular reference to the items listed in subsections
(g)(1) and (2) of this section, shall be adequately screened so as not to be visible from
adjacent properties or a public right-of-way and shall be located in such a way as not to
be a nuisance, by virtue of smoke, noise, glare and the like, to adjacent properties.
(4) Utilities, whether public or private, shall be adequate and not detrimental with
reference to location, availability, adequacy and compatibility.
(5) Screening, buffering or separation of any nuisance or hazardous feature, with
reference to type, dimensions and character, shall be fully and clearly represented on the
submitted plans and shall be adequate to protect adjacent properties.
(6) Proposed signs and exterior lighting shall be considered with reference to glare,
traffic safety and compatibility and harmony with surrounding properties and shall be
determined to be adequate, safe and not detrimental or a nuisance to adjacent properties.
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(7) The proposed live entertainment shall be compatible and appropriate with respect to
adjacent properties and other property in the district and geographic area.
(h) Permit renewal procedure. Live Entertainment Permits shall renew on an annual basis in
conjunction with the Business Tax Receipt renewal effective October 1 of each year. Establishments
with complaints that have been the subject of an Order issued by the City’s Code Compliance Board
finding the establishment in violation of City Code, and/or findings by a Civil or Criminal Court of a
violation of City Code or other applicable law(s) shall require annual City Commission approval prior to
the renewal of the Live Entertainment Permit. Live Entertainment Permits not approved for renewal by
City Commission will be prohibited from re-applying for a period of one (1) year.
(i) Revocation of permits. The City Commission may revoke a previously approved Live
Entertainment Permit upon making the following findings in a public hearing:
(1) The operation of the live entertainment has resulted in the violation of a City
ordinance, or any of the conditions of approval outlined in the approving Resolution,
including the standard conditions outlined in subsection (h) of this section., and that the
City’s Code Compliance Board has found that a violation has occurred, and entered an
order finding that such a violation has occurred pursuant to Chapter 2, Article V, of the
City’s Code of Ordinances.
In the event the City Commission revokes a Live Entertainment Permit, the City
Commission shall not issue a new Live Entertainment Permit for the same location for a
period of twelve (12) months from the date of revocation. In order to submit an
application for a new Live Entertainment Permit, the location must not have been found
in violation of any City code provisions within the twelve (12) month time period just
prior to the date the application for a Live Entertainment Permit is submitted..
(j) The City Commission hereby establishes the following Live Entertainment Permit Application
Fee, a Live Entertainment Permit Fee which is computed based upon the date of the Commission’s
action approving the Application, and an Annual Live Entertainment Permit Renewal Fee:
1. Live Entertainment Permit Application Fee $750.00
2. Live Entertainment Permit Fee $100.00
3. Annual Live Entertainment Permit Renewal Fee $150.00
(k) Live entertainment without a City Live Entertainment Permit is prohibited and violations of
these regulations may be enforced by the City as follows:
(a) The City Code Compliance Board shall have jurisdiction to hear and decide cases in which
violations of this Chapter are alleged, or
(b) The City may enforce the provision of this Code by supplemental Code or Ordinance
enforcement procedures as provided by Part 2 of Chapter 162, Florida Statutes, or
(c) The City may prosecute violations of this Section by issuance of Notices to Appear for
violation of a City Ordinance, in which case, the penalty for a violation shall be as follows:
(1) First violation - $100.00
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(2) Second violation within twelve (12) months of adjudication of first violation -
$150.00
(3) Third violation within eighteen (18) months of adjudication of first violation -
$250.00
Each day on which a violation exists shall constitute a separate violation for the purpose of
determining the fine, or
(d) The City Attorney, with authorization from the City Commission, may bring suit on behalf
of the City to enjoin any violation of this Ordinance.
Section 3. Each and every other provision of the City of Boynton Beach Code of Ordinances
not herein specifically amended, shall remain in full force and effect as originally adopted.
Section 4. All laws and ordinances applying to the City of Boynton Beach in conflict with
any provisions of this ordinance are hereby repealed.
Section 5. Should any section or provision of this Ordinance or any portion thereof be
declared by a court of competent jurisdiction to be invalid, such decision shall not affect the remainder
of this Ordinance.
Section 6. Authority is hereby given to codify this Ordinance.
Section 7. This Ordinance shall become effective immediately.
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FIRST READING this ____ day of _______________, 2010.
SECOND, FINAL READING AND PASSAGE this _____ day of _____________, 2010.
CITY OF BOYNTON BEACH, FLORIDA
______________________________
Mayor – Jose Rodriguez
______________________________
Vice Mayor – Marlene Ross
______________________________
Commissioner – William Orlove
______________________________
Commissioner – Woodrow L. Hay
_______________________________
Commissioner- Steven Holzman
ATTEST:
___________________________
Janet M. Prainito, MMC
City Clerk
(Corporate Seal)
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13. B
LEGAL
August 3, 2010
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD:
August 3, 2010
OMMISSION EETING ATE
O PH
PENINGSUBLIC EARING
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ETTLEMENTS
RACC:
PROPOSED ORDINANCE NO. 10-018 - FIRST
EQUESTED CTION BY ITY OMMISSION
READING - Approve revision of Chapter 15-8 titled "Noise Control" (Exhibit "A") - TABLED ON JULY 20,
2010
EXPLANATION OF REQUEST
: Staff developed revisions to our existing noise regulations to
coincide with our proposed live entertainment Ordinance in an effort to better address recent
trending towards mixed use environments and in response to concerns expressed to us by
both the business and residential communities. You’ll note the primary amendments to this
Ordinance involve modification to the definition of weekdays and weekends as well as
modification to the times subject to decibel level measurement.
HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
? No impact either way on City
programs or services as we expect to continue to periodically respond to noise related
complaints.
FISCAL IMPACT
: No impact
ALTERNATIVES:
Modify the proposed language or revert to the existing regulations.
City Manager Comment: This is the first reading of the proposed ordinance. There may be
comments from business owners on the proposed ordinance. A committee made up of City
staff, Chamber of Commerce staff and CRA staff worked on this proposal.
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ORDINANCE NO. 10-____
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
BOYNTON BEACH, FLORIDA AMENDING THE CITY OF
BOYNTON BEACH CODE OF ORDINANCES CHAPTER 15,
“OFFENSES – MISCELLANEOUS”, ARTICLE I, “IN GENERAL”,
SECTIONS 15-8 THROUGH 15-10.7; TO MODIFY THE
DEFINITION OF WEEKDAYS AND WEEKENDS AS WELL AS
MODIFY THE TIMES SUBJECT TO DECIBEL LEVEL
MEASUREMENT; PROVIDING FOR CONFLICTS,
.
SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE
WHEREAS
, the City Commission desires to amend the City’s Code of Ordinances to better
address recent trending towards mixed use environments and in response to concerns expressed by both
the business and residential communities; and
WHEREAS
, by amending the City’s Noise Control Ordinance, the City Commission recognizes
the need to allow for live entertainment in commercial areas, including mixed use developments, so long
as there are no adverse impacts to adjacent residential uses; and
WHEREAS,
the amendments to the noise control and sound control sections of the City of
Boynton Beach’s Code of Ordinances are in the best interest of the health, safety, and welfare of the
residents, citizens, and businesses within the City of Boynton Beach.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
BOYNTON BEACH, FLORIDA, THAT:
Section 1. The foregoing whereas clauses are true and correct and are now ratified and
confirmed by the City Commission.
Section 2. That Chapter 15, “Offenses - Miscellaneous”, Article I, “In General”, Sections
15-8 through 15-10.7 of the City of Boynton Beach Code of Ordinances be, and the same are hereby
amended to read as follows:
Sec. 15-8. Noise control-Short title.
Sections 15-8 through 15-8.8 shall be known and may be cited by the short title of “City of Boynton
Beach Noise Control Ordinance.”
Sec. 15-8.1. Same-Purpose and space.
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It is the purpose of sections 15-8 through 15-8.8 to prevent, prohibit and provide for the abatement of
excessive and unnecessary noise which may injure the health or welfare or degrade the quality of life of
the citizens and residents of the City of Boynton Beach. This section shall apply to the control of all
sound originating within the limits of this jurisdiction.
Sec. 15-8.2. Same-Terminology and standards.
All terminology used in this section shall be as defined herein or, if not defined, given plain
meaning by reference to common dictionary definition. When interpretation is required by reference to a
source more definitive than this code or a dictionary, reference shall first be made to publications of the
American National Standards Institute (ANSI):
A-weighted sound level. The sound pressure level in decibels as measured on a sound level meter
using the A-weighted network. The level so read is designated dBA.
Apparent property line. The line along the surface, and its vertical plane extension, which separates
one lot or parcel of property from another.
Construction. Any site preparation, assembly, erection, substantial repair, alteration or similar action,
but excluding demolition, for or on public or private right-of-way, structures, utilities or similar
property, and excluding well pointing.
Decibel (dB). A unit for describing the amplitude of sound, equal to twenty (20) times the logarithm
to the base ten (10) of the ratio of the pressure of the sound measured to the reference pressure, which is
twenty (20) micropascals (twenty (20) micro-newtons per square meter).
Demolition. Any dismantling, intentional destruction or removal of structures, utilities, public or
private right-of-way surfaces or similar property.
Emergency. Any occurrence or set of circumstances involving actual or eminent physical trauma or
property damage which demands immediate action.
Emergency work. Any work performed for the purpose of preventing or alleviating the physical
trauma or property damage threatened or caused by an emergency.
Impulse noise. A discrete noise or series of such noises of short duration (generally less than one (1)
second) in which the sound pressure level rises very quickly to a high before decaying to the background
level.
L10 sound level. The sound level exceeded for more than ten (10) per cent of a measurement period
which for the purposes of sections 15-8 through 15-8.8 shall not be less than ten (10) minutes.
Motorboat. Any boat or vessel propelled or powered by machinery whether or not such machinery is
the principal source of propulsion; including but not limited to boats, barges, amphibious craft, water-ski
towing devices, jet skis and hover craft.
Multifamily dwelling. A building or other shelter that has been divided into separate units to house
more than one (1) family.
Holiday. Those annual holidays designated in 5 U.S.C. 6103, and New Year’s Eve, Cinco De Mayo
and St. Patrick’s Day.
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Noise. Any sound which annoys or disturbs humans or which causes or tends to cause an adverse
psychological or physiological effect on humans.
Noise disturbance. Any sound in quantities which are or may be potentially harmful or injurious to
human health or welfare, animal or plant life, or property, or unnecessarily interfere with the enjoyment
of life or property, including outdoor recreation, of a reasonable person with normal sensitivities.
Noise sensitive zone. Existing quiet zones until designated otherwise by a competent authority. Noise
sensitive activities include but are not limited to operations of schools, libraries open to public, churches,
hospitals and nursing homes.
Person. Any individual, association, partnership or corporation, and includes any officer, employee,
department agency, or instrumentality of the United States, a state or any political subdivision of a state.
Plainly audible. A sound which is capable of being heard by a human being without the assistance of
a mechanical or electronic listening or amplifying device.
Powered model vehicle. Any self-propelled airborne, waterborne or landborne plane, vessel or
vehicle which is not designed to carry persons, including but not limited to any model airplane, boat, car
or rocket.
Public right-of-way. Any street, avenue, boulevard, highway, sidewalk or alley or similar place
normally accessible to the public which is owned or controlled by a governmental entity.
Public space. Any real property or structures thereon normally accessible to the public.
Pure tone. Any sound which can be distinctly heard as a single pitch or a set of single pitches. For the
purpose of measurement, a pure tone shall exist if the one-third octave band sound pressure level in the
band with the tone exceeds the arithmetic average of the sound pressure levels of the two (2) contiguous
one-third octave bands by five (5) dB for center frequencies of 500 Hz and above and by eight (8) dB for
center frequencies between 160 and 400 Hz and by fifteen (15) dB for center frequencies less than or
equal to 115 Hz.
Real property line. An imaginary line along the surface, and its vertical plane extension, which
separates the real property owned, rented or leased by one person from that owned, rented or leased by
another person, excluding intra-building real property divisions.
Residential. An parcel of land whose use is designated to provide only permanent housing and
excluding all tourist accommodations which includes but is not limited to hotels, motels, apartment
hotels, etc.
RMS sound pressure. The square root of the time averaged square of the sound pressure.
Sound. An oscillation in pressure, stress, particle displacement, particle velocity or other physical
parameter, in a medium with internal forces. The description of sound may include any characteristic of
such sound including duration, intensity and frequency.
Sound disturbance. Any sound which is:
(1) Plainly audible beyond a distance of twenty five (25) feet or further from the apparent
property line from which the sound emanates, in a single residential zoning district, or
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(2) Plainly audible in a dwelling unit adjacent to the unit from which the sound emanates or is
plainly audible twenty five feet (25) feet or further from the apparent property line from which the sound
emanates, in multi-family residential zoning districts.
(3) Plainly audible beyond a distance of one hundred (100) feet or further from the apparent
property line from which the sound emanates when the sound emanates in a commercial zoning district
and is heard in a residential zoning district.
For purpose of enforcement, it is not necessary to specifically identify the property line as would be
depicted on a survey, rather an approximation of the property line may be used taking into consideration
physical landmarks such as fences, landscaping, setbacks, driveways, or ground treatment.
Sound level. The weighted sound pressure level obtained by the use of a metering characteristic and
weighting A, B, or C as specified in American National Standards Institute specification for sound level
meters, ANSI S1.4-1971, or in successor publications. If the weighing employed is not indicated, the A-
weighting shall apply.
Sound level meter. An instrument which includes a microphone, amplifier, RMS detector, integrator
or time averager, output meter and weighing networks used to measure sound pressure levels. The
output meter reads sound pressure levels when properly calibrated, and the instrument is of Type 2 or
better, as specified in the American National Standards Institute Publication S1.4-1971, or its successor
publications.
Sound pressure. The instantaneous difference between the actual pressure and the average or
barometric pressure at a given point in space, as produced by the presence of sound energy.
Sound pressure level. Twenty (20) times the logarithm to the base ten (10) of the ratio of the RMS
sound pressure to the reference pressure of twenty (20) micropascals (2 x 106N/m2). The sound pressure
level is denoted Lp or SPL and is expressed in decibels.
Weekday. Any Sunday through Thursday which is not a holiday as defined herein.
Weekend. Any Friday or Saturday.
Sec. 15-8.3. Same-Program administration.
(a) The noise control program established by sections 15-8 through 15-8.8 shall be administered by
the city manager, or his designee, of the City of Boynton Beach, Florida.
(b) For the purposes of section 15-8.8 and its enforcement, municipal employees or officials
engaged in the measurement of noise, assessing compliance with such sections, making
recommendations for noise abatement, issuing noise violations citations, or giving evidence regarding
noise violations shall have received formalized training on these subjects from institutions or
organizations of recognized ability and experience in environmental acoustics and noise control.
Sec. 15-8.4. Same-Inspections.
Upon presentation of proper credentials, the city manager or his designee, may enter and/or inspect
any private property, place, report or records at any time when granted permission by the owner, or by
some other person with apparent authority to act for the owner. When permission is refused or cannot be
obtained, a search warrant may be obtained from a court of competent jurisdiction upon showing of
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probable cause to believe that a violation of sections 15-8 through 15-8.8 may exist. Such inspection
may include administration of any necessary tests.
Sec. 15-8.5. Noise control—Prohibited acts.
(a) Noise disturbances prohibited. No person shall unnecessarily make, continue or cause to be
made or continued any noise disturbances.
(b) Specific prohibitions. The following acts, and the causing or permitting thereof in such a
manner as to create a noise disturbance across a residential or commercial real property line, or within a
noise sensitive zone, or at any time in violation of the provisions of section 15-8.8, are hereby declared
to be a violation:
(1) Radios, television sets, and similar devices. Operating, playing or permitting the operation
or playing of any radio, television, or phonograph, which produces or reproduces sound either
mechanically or electronically.
(2) Loudspeakers. Using or operating for any purpose other than those activities specifically
exempted in section 15-8.6(4) below, any loudspeaker, loudspeaker system or similar device, including
sound emitting devices which may be physically attached to any motor vehicle.
(3) Street sales. Offering for sale, selling or advertising for sale by shouting or outcry, anything
within any area of the city.
(4) Animals. Owning, possessing or harboring any animal or bird which frequently or for
continued duration, howls, barks, meows, squawks or otherwise makes sounds which create a noise
disturbance.
(5) Loading or unloading. Loading, unloading, opening, closing or other handling of boxes,
crates, containers, building materials, garbage cans, or similar objects in such a manner as to cause a
noise disturbance.
(6) Construction. Operating or causing the operation of any tools or equipment used in
construction, drilling, excavation, clearing, repair, alteration or demolition work on weekdays during the
times specified in section 15-8.8, or at any time during Sundays or legal holidays.
(7) Fixed mechanical equipment. Operating or causing the operation of fixed mechanical
equipment located on real property including HVAC equipment, motors, engines, pumps, compressors,
fans, tools, machinery, and its component parts, or any other similar stationary mechanical devices and
their component parts except as otherwise exempted in section 15-8.6(6).
(8) Motorboats. Operating or causing the operation of a motorboat in such a manner as to cause
a noise disturbance.
(c) Generators - exemption. Notwithstanding the foregoing prohibited acts, the use of gasoline or
propane powered generators is permitted during periods of power outage following natural disasters and
during periods of maintenance. Operation for purposes of maintenance of the generator shall only occur
during daylight hours on weekdays and only for the minimum amount of time required by the
manufacturer. Any person using a generator, except during periods of power outage following natural
disasters, is subject to the restrictions on noise generation as otherwise set forth in this chapter.
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Sec. 15-8.6. Same-Exemptions.
The following acts and the causing or permitting thereof shall be specifically exempted from the
prohibitions of section 15-8.5.
(1) Motor vehicles. Operating motor vehicle noise enforcement procedures shall be as
established in Chapter 316, Florida Statutes, and applicable rules and regulations of the Department of
Highway Safety and Motor Vehicles, provided however, that this exemption shall not apply to any
sound emitting devices which may be attached to any motor vehicle as prohibited by section 15-
8.5(b)(2).
(2) Aircraft and interstate railway and locomotives and cars. Noise generated by aircraft and
interstate railway locomotives and cars are exempt from these provisions.
(3) Emergency activities. Any noise generated as a result of emergency work or for the purpose
of alerting the public to the existence of an emergency situation.
(4) Public speaking and assembly. Any noise generated by any noncommercial public speaking
or public assembly activities conducted pursuant to lawful authority on any public space or right-of-way,
including sporting events.
(5) Domestic power tools and lawn maintenance equipment. Any noise generated by the
operation and use of domestic power tools and lawn maintenance equipment.
(6) Fixed mechanical equipment, noise generated by the operation and use of air conditioning
units in residential districts.
(7) Nonamplified solo musical instrument played by an individual within a private residence
between the hours of 9:00 a.m. and 8:30 p.m.
(8) Construction. The foregoing provisions of Section 15-8.5(a), (b) and subparagraph (6) of
this Section shall not apply to municipal public works, emergency matters or matters having an effect on
the public health, safety and welfare of the city in those zoning districts of commercial and industrial,
and where the noise disturbance across a residential property line would not exceed those sound limits
set forth in Section 15-8.8 of this Article.
Sec. 15-8.7. Same-Penalty for violation.
Any person, firm or corporation convicted in a court of competent jurisdiction of a violation of
sections 15-8 through 15-8.8 shall be guilty of a misdemeanor of the second degree, punishable by a fine
and/or incarceration as provided by law. The City of Boynton Beach Code Compliance Board shall have
the authority and jurisdiction to prosecute such offenses. Each day said violation continues shall be a
separate offense.
Sec. 15-8.8. Same-Sound levels by receiving land use.
(a) Sound limits established. No person shall operate or cause to be operated any source of sound
as enumerated in section 15-8.5(b), and unless specifically exempted by section 15-8.6, in such a
manner as to create an exterior or interior sound level of any origin which exceeds the limits set forth for
the receiving land use category in question for more than ten (10) per cent of any measurement period
which shall not be less than ten (10) minutes when measured at or within the boundaries of a property or
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within the confines of a building within the receiving land use and as a result of a source of sound being
located on some other property.
(b) L10 sound level limits. Permissible sound levels for sounds transmitted to receiving land use
areas shall not exceed the following limits for L10 sound levels as defined herein. For the purpose of
these noise control provisions, such sound levels shall be determined using FAST meter responses:
Receiving Land Use Time L10 Sound Level
Category Limit (dB)A
___________________________________________________________________
Exterior Residential 7:00 a.m. to 11:00 p.m. 60
Sunday through Thursday
7:00 a.m. to 12:00 a.m.
Friday & Saturday and
Holidays
____________________________________________________________________
11:00 p.m. to 7:00 a.m. 55
Sunday through Thursday
12:00 a.m. to 7:00 a.m.
Friday & Saturday and
Holidays
______________________________________________________________________
Exterior Commercial At all times 65
______________________________________________________________________
Interior Residential 7:00 a.m. to 11:00 p.m. 50
Sunday through Thursday
7:00 a.m. to 12:00 a.m.
Friday & Saturday and
Holidays
________________________________________________________________________
11:00 p.m. to 7:00 a.m. 45
Sunday through Thursday
12:00 a.m. to 7:00 a.m.
Friday & Saturday and
Holidays
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________________________________________________________________________
Interior Commercial At all times 55
(c) Maximum sound level limits. The maximum sound level from any applicable sound sources
shall not exceed the L10 sound level limits by more than the values listed below:
10 (dB) A from 7:00 a.m. to 11:00 p.m.
5 (dB) A from 11:00 p.m. to 7:00 a.m.
(d) Pure tone and impulse noise. For any source of sound which emits a pure tone or an impulse
noise, as defined herein, the sound level limits for L10 and maximum sound levels shall be reduced by
five (5) (dB) A.
Sec. 15-9. Obstruction of passageways.
It shall be unlawful for any person to place or erect, upon any public way or passageway to any
building, an obstruction of any type, provided this section shall not prevent the duly authorized or
required placing of temporary barriers or warning signs for the purpose of safeguarding the public.
Sec. 15-10. Sound control - Short title.
This section shall be known and may be cited by the short title of "City of Boynton Beach Sound
Control Ordinance."
Sec. 15-10.1. Purpose.
(a) It is the purpose of this section to preserve the peace and tranquility of residential
neighborhoods by prohibiting excessively loud sound and by requiring abatement of excessively loud
sound.
(b)This section shall apply to the control of sound originating within the jurisdictional limits
of the city without regard to the content, meaning, or message of the sound. It is the express
intent that enforcement of these regulations shall be content neutral.
(c)Please refer to Section 15-8.2 for any definitions applicable to this Section.
Sec. 15-10.3. Administration.
The sound control program established by this section shall be administered by the City Manager, or
his designee, of the City of Boynton Beach, Florida.
Sec. 15-10.4. Inspections.
Upon presentation of proper credentials, the City Manager or his designee, may enter and/or inspect
any private property, place, report or records at any time when granted permission by the owner, or by
some other person with apparent authority to act for the owner.
Sec. 15-10.5. Prohibited acts.
No person shall make, continue or cause to be made or continued any sound disturbances, as defined
herein, between the hours of 11:00 p.m. and 7:00 a.m on weekdays and between the hours of 12:00 a.m.
and 7:00 a.m. on weekends or holidays.
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Sec. 15-10.6. Exemptions.
Sound emanating from the following acts and the causing or permitting thereof shall be specifically
exempted from the prohibitions of section 15-10.5.
(1) Motor vehicles. Operating motor vehicle noise enforcement procedures shall be as
established in F.S. Chapter 316, and applicable rules and regulations of the Department of Highway
Safety and Motor Vehicles.
(2) Aircraft and interstate railway and locomotives and rail cars. Sound generated by aircraft
and interstate railway locomotives and rail cars.
(3) Emergency activities. Any sound generated as a result of emergency work or for the
purpose of alerting the public to the existence of an emergency situation.
(4) Domestic power tools and lawn maintenance equipment. Any sound generated by the
operation and use of domestic power tools and lawn maintenance equipment.
(5) Sound generated by the operation and use of air conditioning units in residential districts.
(6) Non-amplified solo musical instrument played by an individual within a private residence.
Sec. 15-10.7. Enforcement and Penalty.
(a) The City Code Enforcement Board shall have jurisdiction to hear and decide cases in which
violations of this chapter are alleged; or
(b) The city may enforce the provision of this Code by supplemental Code of Ordinance
enforcement procedures as provided by F.S. Chapter 162, Part 2; or
(c) The city may prosecute violations by issuance of notices to appear for violation of a City
Ordinance, in which case, the penalty for a violation shall be as follows:
(1) First violation - $50.00
(2) Second violation within twelve (12) months of adjudication of first violation - $100.00
(3) Third violation within eighteen (18) months of adjudication of first violation - $500.00
Each calendar day on which a violation exists shall constitute a separate violation for the purpose of
determining the fine.
(d) A violation of this Article may be prosecuted as a nuisance. The City Attorney may bring suit
on behalf of the city, or any affected citizen may bring suit in his or her name against the person or
persons causing or maintaining the violation, or against the owner/agent of the building or property on
which the violation exists. Relief may be granted according to the terms and conditions of F.S. Chapter
60, entitled Abatement of Nuisances.
(e) Violations of this Article may be enforceable by arrest.
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(f) For the purpose of this section, any person owning or having responsibility for management of
a business premises, however temporarily, any performer or disc jockey producing sound upon any
business premises, any person playing, producing or controlling music, or other sound, any person
having control of the volume of music or sound, and the business as named on the business tax receipt
where the music or sound is emanating may be jointly and severally liable for compliance with this
Article and shall be responsible for any violations hereof.
(g) No citation or notice to appear for a violation of this section shall be issued until a law
enforcement officer or code enforcement officer has made contact with the owner, occupant or operator
of the property from which the offending sound emanates to request abatement of the offending sound.
When a request for abatement is made and the offending sound is not immediately abated, or if it
resumes within ninety (90) minutes following initial abatement, or occurs again within three (3) days, a
citation or notice to appear may issue without additional request for abatement.
Section 3. Each and every other provision of the City of Boynton Beach Code of Ordinances
not herein specifically amended, shall remain in full force and effect as originally adopted.
Section 4. All laws and ordinances applying to the City of Boynton Beach in conflict with
any provisions of this ordinance are hereby repealed.
Section 5. Should any section or provision of this Ordinance or any portion thereof be
declared by a court of competent jurisdiction to be invalid, such decision shall not affect the remainder
of this Ordinance.
Section 6. Authority is hereby given to codify this Ordinance.
Section 7. This Ordinance shall become effective immediately.
FIRST READING this ____ day of _______________, 2010.
SECOND, FINAL READING AND PASSAGE this _____ day of _____________, 2010.
CITY OF BOYNTON BEACH, FLORIDA
______________________________
Mayor – Jose Rodriguez
______________________________
Vice Mayor – Marlene Ross
______________________________
Commissioner – William Orlove
______________________________
Commissioner – Woodrow L. Hay
ATTEST:
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_______________________________
Commissioner- Steven Holzman
___________________________
Janet M. Prainito, MMC
City Clerk
(Corporate Seal)
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14. A
UNFINISHED BUSINESS
August 3, 2010
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD:
August 3, 2010
OMMISSION EETING ATE
O PH
PENINGSUBLIC EARING
O CM’R
THERITY ANAGERS EPORT
A/P FAI
NNOUNCEMENTSRESENTATIONSUTURE GENDA TEMS
NO
ATURE F
A NB
DMINISTRATIVEEW USINESS
AI
GENDA TEM
CA L
ONSENT GENDAEGAL
BP$100,000 UB
IDS AND URCHASES OVER NFINISHED USINESS
CCL
ODE OMPLIANCE AND EGAL
S
ETTLEMENTS
RACC:
Review current practices for City Commission expense
EQUESTED CTION BY ITY OMMISSION
allowance. - TABLED ON JULY 20. 2010
ER:
At the City Commission Retreat meeting on May 22, 2010,
XPLANATION OF EQUEST
Commissioner Orlove requested that the topic of City Commission expense allowances be
discussed to determine if a change in current practice may be appropriate.
Historically, the expense allowance authorizes “the Mayor and City Commission each receive
a monthly allocation to cover expenses incurred in the performance of their official duties.”
(Res. No. 02-097) The allowance is partly authorized by FS 112.061 and further authorized
under the City’s Personnel Policy Manual.
Currently, each member of the City Commission receives an annual expense allowance
payable in 12 monthly installments as follows:
AnnualMonthly
NamePositionExpense AllowanceExpense Allowance
Jose RodriguezMayor$ 7,571.48$ 630.96
Marlene RossVice-Mayor$ 7,002.04$ 583.50
Woodrow HayCommissioner$ 7,002.04$ 583.50
Steven HolzmanCommissioner$ 7,002.04$ 583.50
William OrloveCommissioner$ 7,002.04$ 583.50
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The current rate of the expense allowance is subject to an annual escalation formula.
However, in April 2010, in view of the financial situation of the City, the City Commission opted
to freeze both their salary and the above expense allowance.
The expense allowance is taxable income. According to IRS guidelines, when expense
allowances are advanced to recipients and there is no accountability to the employer or they
are expended on otherwise non-deductible items under the IRS code, they are considered
disbursed under a “non accountable plan” and the income is treated as taxable to the recipient.
Under current practice, tuition, travel, per diem and conference registration, if included in the
City budget, is paid by the City over and above the expense allowance. At their option, City
Commission members can use their expense allowance to meet some of these expenses or
other expenses incurred in the performance of their official duties as authorized by City
Resolution No. 02-097. However, as noted above, reporting of the use of expense allowance
for this purpose is not required. Also, current practice requires that City Commission
participation at a conference or out of town meeting that is paid by from the City budget travel
account must be approved by the City Commission.
Finance staff researched if other Florida public agencies had an advance expense allowance
and how they handle expenses of elected officials. Only five cities responded and none had a
monthly expense allowance similar to Boynton Beach. All five reimbursed per diem and travel
expenses in accordance with FS 112.061 similar to staff members.
In addition, the City Attorney’s staff prepared a “Municipal Survey Regarding Commission
Expense Reporting” (Attached) that summarized their findings in 25 cities located in Broward
and Palm Beach counties. In summary, responses are as follows:
7 – No mention of expenses
8 – Documented expenses reimbursed for authorized travel (F.S. 112.061) or
necessary expenses
10 - Non-accountable monthly allowance
In the event the City Commission wishes to convert the expense allowance to a reimbursable
program, the reimbursement is not taxable but all expenses must be documented and
deductable under IRS regulations on the Commissioners’ federal income tax return. The City
Commission should modify the Personnel Policy Manual or utilize FS 112.061. However, FS
112.061 is limited to per diem and travel expenses. The Personnel Policy Manual has specific
language regarding the Expense Allowance as follows that appears to allow other expenses
although not specified:
B. Expense Allowance for Public Officials:
1) Public Official shall receive, in lieu of reimbursements, a monthly expense allocation
to cover travel and expense expenditures. The amount of expense allocation shall be
established, and may be amended, by resolution of the City Commission.
H?
None
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
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FI:
Depending on whether the expense allowance program was converted to a
ISCAL MPACT
reimbursable program or combined with Commission salaries.
A:
Several options exist as follows:
LTERNATIVES
1. Continue the current monthly advance expense allowance program treated as non
accountable and taxable.
2. Continue the current monthly advance expense allowance program by filing of an
accounting with the City Clerk as to how the advance was spent or returned. This option
would also be treated as non accountable and taxable as monies could be spent on
“official duties” that may or may not be deductible on a personal income tax return. It
would be up to each recipient to claim appropriate deductions on their income tax
return. The report could be filed with the City Clerk on a monthly or quarterly basis.
3. Combine the current monthly advance expense allowance with the monthly salary
amount and treat it as taxable income.
4. Discontinue the current monthly advance expense allowance and only reimburse
Commission members in accord with FS 112.061 only for per diem and travel
expenses. This would result in an accountable non-taxable plan.
Attachments:
Page 7 of City Commission Retreat Minutes from May 22, 2010
City Travel Policy Per Personnel Policy Manual
Florida Statutes on Travel Expense Reimbursement
Municipal Survey of Elected Official Expense Allowances Prepared by Legal Department
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MUNICIPAL SURVEY REGARDING COMMISSION EXPENSE REPORTING
FORT LAUDERDALE No reporting mechanism, showing what
expenses are made
$250 per month – Mayor
$100 per month – Commissioner
CORAL SPRINGS The mayor shall receive $250 per month non-
accountable expense allowance and each city
commissioner shall receive $200 per month
non-accountable expense allowance
COCONUT CREEK The Commission shall have the power to
periodically establish policies and procedures
relevant to expenses incurred by its members
on City business, including advances,
reimbursements, and expense allowances. All
proposed increases shall be subject to a
specific Commission vote.
JUPITER
The member of the Town Council shall be
reimbursed the sum of $1,550.00 per month for
such miscellaneous expenditures as are
necessary or incidental to their performance of
the duties of their office, including attendance
at regular Council meetings, workshop
sessions, and other public meetings. The
reimbursement due the Mayor-Councilor shall
be $1,850.00 per month. Such expenses shall
be paid each month during the Mayor-
Councilor and Councilor's term of office. No
expense payment shall be made to a Mayor-
Councilor or Councilor whose term of office
has expired, or whose service for that month is
limited solely to attendance of the annual
organizational meeting of the newly-elected
Council.
TAMARAC The mayor shall be entitled to receive expenses
allowable by law set through the annual budget
process incurred in the performance of his
duties as mayor upon delivery of an itemized
voucher to the city manager.
Each commissioner (other than mayor) shall be
entitled to receive expenses allowable by law
set through the annual budget process incurred
in the performance of his duties as
commissioner upon delivery of an itemized
voucher to the city manager.
Expense limitations for the mayor and
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commission shall be calculated per elected
year.
NORTH LAUDERDALE Each individual member of the governing body
is hereby entitled to receive the sum of $350.00
per month as a monthly expense
reimbursement, consistent with the provisions
of Chapter 112, Florida Statutes, as amended
from time to time.
WILTON MANORS The mayor and members of the city
commission shall receive compensation in an
amount to be established by ordinance. The
mayor and city commission shall further
receive their actual and necessary expenses
incurred in the performance of their duties of
office as provided by law.
OAKLAND PARK Commission members shall receive their actual
and necessary expenses incurred in the
performance of their duties of office as
provided by law and approved by the city
commission, and supported by appropriate
documentation.
POMPANO BEACH Per the City Clerk - The City Commission
receives an Annual Expense Allowance;
however, the City does not have an ordinance
or resolution that specifies how the expenses
are spent.
PEMBROKE PINES Nothing in this paragraph shall limit the right
of any Commission member or the Mayor to
be reimbursed for expenses actually incurred
by him, with Commission approval, while
performing duties on behalf of the City.
ROYAL PALM BEACH Per Clerk – No expenses, just car allowances.
BOCA RATON Council members shall receive their actual and
necessary expenses incurred in the
performance of their duties of office.
WELLINGTON Village council members shall initially be
compensated at the rate of $300 per month, and
shall be entitled to receive reimbursement in
accordance with Florida Statutes for authorized
travel and per-diem expenses incurred in the
performance of their official duties.
PALM BEACH GARDENS The mayor and members of council shall be
entitled to receive reimbursement in
accordance with Florida Statutes and city
policies for authorized travel and per diem
expenses incurred in the performance of their
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official duties.
OCEAN RIDGE Commissioners shall receive their actual and
necessary expenses incurred in the
performance of their duties of office as
provided by law.
RIVIERA BEACH
The [annual] salaries of the elected officials of
the city shall be $19,000.00 for a councilperson
of the city council and $20,200.00 for the
mayor. The city councilperson serving as
chairperson shall be entitled to an annual
stipend of $1,200.00 in addition to the above
stated salary.
DELRAY BEACH No mention of expenses except for
reimbursement of travel expenses
ORLANDO
There shall be no expense allowances by the
municipalities in Orange County for any of the
above officials for any travel or other expenses
for services rendered said municipality in said
county.
FORT MYERS
Monthly expense allowances in fixed amounts
may also be granted by budgetary action for
city officials and city employees upon
recommendation of the city manager and
approval by the city council.
WESTON
The Mayor and Commission shall receive
reimbursement in accordance with applicable
law, or as may be otherwise provided by
ordinance, for authorized travel and per diem
expenses incurred in the performance of their
official duties.
LANTANA No mention of expenses
HIGHLAND BEACH No mention of expenses
GREENACRES No mention of expenses
LAKE WORTH No mention of expenses
TEQUESTA No mention of expenses
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14. B
UNFINISHED BUSINESS
August 3, 2010
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD:
August 3, 2010
OMMISSION EETING ATE
O PH
PENINGSUBLIC EARING
O CM’R
THERITY ANAGERS EPORT
A/P FAI
NNOUNCEMENTSRESENTATIONSUTURE GENDA TEMS
NO
ATURE F
A NB
DMINISTRATIVEEW USINESS
AI
GENDA TEM
CA L
ONSENT GENDAEGAL
BP$100,000 UB
IDS AND URCHASES OVER NFINISHED USINESS
CCL
ODE OMPLIANCE AND EGAL
S
ETTLEMENTS
RACC:
Review public comment card system for City Commission
EQUESTED CTION BY ITY OMMISSION
Meetings
ER:
At the July 6, 2010 City Commission Meeting, the members of the
XPLANATION OF EQUEST
Commission discussed returning to a public comment card system for City Commission
meetings. A recommendation was made to create a bifurcated system including color-coded
cards for Public Audience and Agenda Items. There would be no comment cards for Public
Hearings, as persons wishing to speak on items in this section are sworn in prior to the review
of that section.
H?
The benefits to implementing a public
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
comment card system would be:
To obtain accurate names and addresses of those who spoke at the meeting.
Would provide a useful database of issues brought before the City Commission.
Would provide a helpful means of follow-up with citizens to track responses to inquiries.
Would create a more orderly flow of information and has the potential to expedite the
Commission meeting.
Hindrances to a public comment card system would be:
Create a time constraint for submitting a card. This may prevent some residents from
being heard on an issue if they come late to the meeting or if they want to respond to
new or additional information provided during the course of the meeting.
FI:
None, other than the incidental cost of printing the comment cards, not
ISCAL MPACT
expected to exceed $100.
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A:
1.) Create a bifurcated, color-coded system for Public Audience and Agenda
LTERNATIVES
items with or without a submittal time constraint. 2.) Create a single comment card system for
Public Audience and Agenda Items with or without a submittal time constraint. 3.) Do not
implement a comment card system.
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14. C
UNFINISHED BUSINESS
August 3, 2010
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD:
August 3, 2010
OMMISSION EETING ATE
O PH
PENINGSUBLIC EARING
O CM’R
THERITY ANAGERS EPORT
A/P FAI
NNOUNCEMENTSRESENTATIONSUTURE GENDA TEMS
NO
ATURE F
A NB
DMINISTRATIVEEW USINESS
AI
GENDA TEM
CA L
ONSENT GENDAEGAL
BP$100,000 UB
IDS AND URCHASES OVER NFINISHED USINESS
CCL
ODE OMPLIANCE AND EGAL
S
ETTLEMENTS
RACC:
Accept final rankings of CRA Applications and identify
EQUESTED CTION BY ITY OMMISSION
applicants to interview.
ER:
Attached please find the aggregated rankings of the twenty seven
XPLANATION OF EQUEST
CRA applications received by the City Clerk’s office. Per the Commission’s direction at the
July 20, 2010 Commission meeting staff has scheduled a Special City Commission meeting for
Tuesday, August 24, 2010 at 6:30 pm for the Commission to conduct interviews of the top
ranked candidates. The Special Meeting will take place in the Library Program Room in the
City Library at 6:30 p.m.
H?
Assist with appointment of independent
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
seven member CRA Board.
FI:
n/a
ISCAL MPACT
A:
Not accept final rankings; not identify top ranked candidates at this time;
LTERNATIVES
modify interview schedule
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CRA A PPLICA TIONS
RA TING TABULA TION
JULY 27, 2010
Ap plicants Mayor Rodriguez Vice Mayor RossCom. Orlove Com. Hay Com. Holzman
Susan B. Allen 12 12 12 9 0
Keith Black11 17 15 23 10
James Buchanan 15.525242412
Edw ard Cairo142219149
Dana Cook9 18 14 14 12
R. Reed Daniel 72321234
Crawford Ferguson 8 14 9 12 9
Dawn M. Garcia8 14 10 12 9
Gloria Goolsby 8 14 8 17 1
Michael E. Grosh15.522 17 19 0
Sharon Grcevic14 22 13 14 10
Nancy Hogan1422171513
David Hyde 13 19 13 20 4
Mikel Jones 11 25 17 19 0
Mark Karageorge 1322202215
Edward Lamons 5 5 3 6 0
Revia Lee10 21 14 24 7
David Madigan1620141713
Martha Meeks-Light 1225182411
Albert Menard12 21 13 14 13
Patrick McNamara 1525192219
Cliff Montross 10 17 13 12 10
Genevieve Morris 1124162011
Cynthia Pereira 8 10 9 11 0
Bruce Rowland14 18 14 13 0
Phyllis Stern14 17 14 13 0
Jerry Taylor 82221240
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