Agenda 05-15-12 Searchable
The City of
Boynton Beach
Boynton Beach
100 E. Boynton Beach Boulevard ● (561) 742-6000
TUESDAY, MAY 15, 2012
6:30 PM
FINAL AGENDA
City Commission
AGENDA
Woodrow L. Hay
Mayor – At Large
Mack McCray
Vice Mayor – District II
William Orlove
Commissioner – District I
Steven Holzman
Commissioner – District III
Marlene Ross
Commissioner – District IV
Lori LaVerriere
Interim City Manager
James Cherof
City Attorney
Janet M. Prainito
City Clerk
Visit our Web site
www.boynton–beach.org
Breeze into Boynton Beach –
America’s Gateway to the Gulfstream
WELCOME
Thank you for attending the City Commission Meeting
GENERAL RULES & PROCEDURES FOR PUBLIC PARTICIPATION AT
CITY OF BOYNTON BEACH COMMISSION MEETINGS
THE AGENDA:
There is an official agenda for every meeting of the City Commissioners, which determines the
order of business conducted at the meeting. The City Commission will not take action upon any
matter, proposal, or item of business, which is not listed upon the official agenda, unless a
majority of the Commission has first consented to the presentation for consideration and
action.
Consent Agenda Items:
These are items which the Commission does not need to discuss
individually and which are voted on as a group.
Regular Agenda Items:
These are items which the Commission will discuss individually in the
order listed on the agenda.
Voice Vote:
A voice vote by the Commission indicates approval of the agenda item. This can
be by either a regular voice vote with "Ayes & Nays" or by a roll call vote.
SPEAKING AT COMMISSION MEETINGS:
The public is encouraged to offer comment to the Commission at their meetings during Public Hearings,
Public Audience, and on any regular agenda item, as hereinafter described.
City Commission meetings are business meetings and, as such, the Commission retains the right to
impose time limits on the discussion on an issue.
Public Hearings:
Any citizen may speak on an official agenda item under the section entitled
“Public Hearings.”
Public Audience:
Any citizen may be heard concerning any matter within the scope of the
jurisdiction of the Commission – Time Limit – Three (3) Minutes
Regular Agenda Items:
Any citizen may speak on any official agenda item(s) listed on the
agenda after a motion has been made and properly seconded, with the exception of Consent
Agenda Items that have not been pulled for separate vote, reports, presentations and first
reading of Ordinances – Time Limit – Three (3) minutes
ADDRESSING THE COMMISSION:
When addressing the Commission, please step up to either podium and state, for the record, your
name and address.
DECORUM:
Any person who disputes the meeting while addressing the Commission may be ordered by the
presiding officer to cease further comments and/or to step down from the podium. Failure to
discontinue comments or step down when so ordered shall be treated as a continuing disruption of the
public meeting. An order by the presiding officer issued to control the decorum of the meeting is
binding, unless over-ruled by the majority vote of the Commission members present.
Please turn off all pagers and cellular phones in the City Commission Chambers while the City
Commission Meeting is in session.
City Commission meetings are held in the Boynton Beach City Commission Chambers, 100 East
Boynton Beach Boulevard, Boynton Beach. All regular meetings are held typically on the first and third
Tuesdays of every month, starting at 6:30 p.m. (Please check the Agenda Schedule – some meetings
have been moved due to Holidays/Election Day).
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1. OPENINGS
A. Call to order - Mayor Woodrow L. Hay
B. Invocation
C. Pledge of Allegiance to the Flag led by Mayor Woodrow L. Hay
D. Brand Promise Statement
E. Agenda Approval:
1. Additions, Deletions, Corrections
2. Adoption
2. OTHER
A. Informational Items by Members of the City Commission
3. ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS
A. Presentation of Citation honoring Private First Class Michael Metcalf - Accepting the
citation is his mother, Kimberly Metcalf.
B. Proclaim the month of May as National Electrical Safety Month
C. Proclaim the week of May 21-26, 2012 as Water Reuse Week -The Proclamation will
be accepted by Pamela S. Mac'Kie, Esq. from the South Florida Water Management
District
D. Proclaim that May 19 - 25, 2012 is National Safe Boating Week - Proclamation to be
accepted by Mr. Irwin Fried, FSO, Public Affairs for the US Coast Guard Auxiliary
E. Presentation by a member of the Education and Youth Advisory Board of the annual
“Bob Borovy Student Citizen of the Year” Award
F. Presentation of the annual Youth Volunteer Bank awards by members of the
Education & Youth Advisory Board.
G. Presentation by the Sister Cities Committee regarding goals and objectives for the
coming year
H. Presentation of a song written, composed and performed by John Scott, a city Golf
Course employee, to celebrate the City of Boynton Beach's Promise
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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 payment to the City of Boca Raton in the amount of $59,360 from the Law
Enforcement Trust Fund pursuant to an interlocal agreement between the City of Boca
Raton and the City of Boynton Beach for the purpose of operating a Biology
Processing Laboratory to pre-process DNA samples obtained by the Boynton Beach
Police Department pursuant to criminal investigations.
PROPOSED RESOLUTION NO. R12-043
B. - Authorize execution of a Voluntary
Compliance Agreement between the City of Boynton Beach and the U.S. Department
of Housing and Urban Development (HUD) Office of Fair Housing and Economic
Opportunity (FHEO)
C. Approve a motion to declare the items surplus on the attached "VEHICLE &
EQUIPMENT SURPLUS LIST" as submitted by Public Works / Fleet Maintenance and
allow for auction of the same utilizing JJ Kane Auctioneers
PROPOSED RESOLUTION No. R12-044
D. - Approve the Non-Profit Developer
Agreement between the City of Boynton Beach and The Boynton Beach Faith-Based
Community Development Corporation (CDCs), to act as developer under the City of
Boynton Beach's Neighborhood Stabilization Program 3 (NSP3)
E. Approve the minutes from the City Commission regular meeting held on May 1, 2012
F. Accept the FY 2011-12 Budget Status Report of the General Fund & Utility Revenue
Fund for the seven (7) month period ended April 30, 2012 recognizing that budgeted
General Fund Business Taxes and State Shared Revenues may fall short for the year.
7. BIDS AND PURCHASES OVER $100,000
None
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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.
A. Approve conditional use request for a 1,300 square foot Publix Liquor Store next to
the new Publix Super Market in the Boynton Lakes Plaza at 4770 North Congress
Avenue, within the C-3 (Community Commercial) zoning district. Applicant: Merriann
Metz, Publix Super Markets, Inc.
10. CITY MANAGER’S REPORT
A. Receive staff update on implementation of the Historic Preservation Program and
consider request for direction to proceed with the historic designation process for
selected city-owned sites
11. UNFINISHED BUSINESS
None
12. NEW BUSINESS
None
13. LEGAL
PROPOSED ORDINANCE NO. 12-007 - SECOND READING
A. - Amending Section
26- 8, "Water and sewer connection, deposit and service charges", of the City's Code
governing water and wastewater rates. The revised fee structure for particular
services provided to utility customers will be effective July 1, 2012
PROPOSED ORDINANCE NO. 12-008 - SECOND READING
B. - Approve amendments
to the Historic Preservation Ordinance as codified in the Land Development
Regulations (LDR) Part III, Chapter 1, Article II (Definitions), Part III, Chapter 1, Article
VII, (Administrative and Decision Making Bodies), and Part III, Chapter 4, Article IX
(Building, Construction and Historic Preservation)
PROPOSED ORDINANCE NO. 12-009 - SECOND READING
C. - Approve Ordinance
amending sale of City owned real property
PROPOSED ORDINANCE NO. 12-010 - SECOND READING
D. - Amend the Land
Development Regulations (LDR) to implement recommendations of the Moratorium
Study, Notice of Intent (NOI) #2011-01, pertaining to 1) location of not-for-profit uses
in certain zoning districts, and 2) the replacement of the lists of approved uses for the
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three Planned Industrial Development Districts (PIDs) with the standard use
TO BE TABLED
regulations listed in the Use Matrix -
14. FUTURE AGENDA ITEMS
A. Update on In-house Medical Clinic- 6/5/12
B. Special City Commission Budget Meetings, Monday, July 16, 2012 @ 2:00 p.m.,
Tuesday, July 17, 2012 @ 9:00 a.m. and Wednesday, July 18, 2012 @ 2:00 p.m. in
the Library Program Room at the City Library
C. Legislative Update by Representative Bill Hager, District 87 - 6/5/12
D. Palm Beach County Sheriff's Office presentation of Proposal for Police Services -
6/5/12
E. City Commission discussion of the South Central Regional Wastewater Treatment &
Disposal Board Interlocal Agreement - 7/3/12
F. Staff update on marketing and culturalization initiatives for City Rebranding Program -
7/3/12
15. BRAND PROMISE STATEMENT – “BREEZE INTO BOYNTON BEACH –
AMERICA’S GATEWAY TO THE GULFSTREAM”
16. ADJOURNMENT
NOTICE
IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE CITY COMMISSION WITH RESPECT TO ANY MATTER
CONSIDERED AT THIS MEETING, HE/SHE WILL NEED A RECORD OF THE PROCEEDINGS AND, FOR SUCH PURPOSE,
HE/SHE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDING IS MADE, WHICH RECORD INCLUDES
THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. (F.S. 286.0105)
THE CITY SHALL FURNISH APPROPRIATE AUXILIARY AIDS AND SERVICES WHERE NECESSARY TO AFFORD AN
INDIVIDUAL WITH A DISABILITY AN EQUAL OPPORTUNITY TO PARTICIPATE IN AND ENJOY THE BENEFITS OF A SERVICE,
PROGRAM, OR ACTIVITY CONDUCTED BY THE CITY. PLEASE CONTACT THE CITY CLERK'S OFFICE (561) 742-6060 AT
LEAST TWENTY-FOUR HOURS PRIOR TO THE PROGRAM OR ACTIVITY IN ORDER FOR THE CITY TO REASONABLY
ACCOMMODATE YOUR REQUEST.
ADDITIONAL AGENDA ITEMS MAY BE ADDED SUBSEQUENT TO THE PUBLICATION OF THE AGENDA ON THE CITY'S WEB
SITE. INFORMATION REGARDING ITEMS ADDED TO THE AGENDA AFTER IT IS PUBLISHED ON THE CITY'S WEB SITE CAN
BE OBTAINED FROM THE OFFICE OF THE CITY CLERK.
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Presentation of Citation honoring Private First Class
EQUESTED CTION BY ITY OMMISSION
Michael Metcalf - Accepting the citation is his mother, Kimberly Metcalf.
ER:
PFC Michael Metcalf answered his country’s call of duty with valor
XPLANATION OF EQUEST
nd
and unwavering devotion. He served with honor and distinction with the 82 Airborne Division
out of Fort Bragg, NC. While fighting in Paktia, Afghanistan, he courageously volunteered to
rescue fellow soldiers who were in a truck that had just driven over a roadside bomb and he
was killed when enemy forces attacked his unit with an improvised explosive device. The City
of Boynton Beach is issuing this citation to honor his valor, bravery and patriotism in the face of
extreme danger.
H?
N/A
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
FI:
N/A
ISCAL MPACT
A:
Not present citation.
LTERNATIVES
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CITATION
All who wear the uniform of the United States carry with them the proud legacies of those who
have made our Nation great. Ordinary men and women of extraordinary courage have, since
our earliest days, answered the call of duty with valor and unwavering devotion. America's
sons and daughters have served with honor and distinction, securing our liberties and laying a
foundation for lasting peace.
One such patriot is Private First Class Michael Metcalf of Boynton Beach who while fighting in
Paktia, Afghanistan, courageously volunteered to drive a Humvee to rescue his fellow soldiers
who were in a truck that had just driven over a roadside bomb. PFC Michael Metcalf of the
nd
82 Airborne Division out of Fort Bragg, NC, was killed when enemy forces attacked his unit
with an improvised explosive device.
PFC Metcalf enlisted in the Army only a year ago, and is described by his family as having
been a strong, sensitive, fun-loving kid, full of personality. PFC Metcalf was born in Coral
Springs and raised in Boynton Beach, attended Park Vista High School and after graduating,
attended St. John’s Northwestern Military Academy in Delafield, Wisconsin. He graduated St.
John’s as a sergeant squad leader.
Now, therefore, I, Woodrow L. Hay, by virtue of the authority vested in me as Mayor of the City
of Boynton Beach, Florida, recognize with this Citation
PFC Michael J. Metcalf
for his valor, bravery and patriotism in the face of extreme danger.
In witness whereof, I have hereunto set my hand and caused the Seal of the City of Boynton
Beach, Florida, to be affixed at Boynton Beach, Florida, the 15th day of May, Two Thousand
and twelve.
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Proclaim the month of May as National Electrical Safety
EQUESTED CTION BY ITY OMMISSION
Month
ER:
The Development Department request that the City Commission
XPLANATION OF EQUEST
declare the month of May as National Electrical Safety Month; In order to promote citizen
awareness of electrical safety in order to reduce the number of electrically-related fires,
fatalities, injuries and property loss.
H?
Raise citizen awareness of electrical
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
safety and technology.
FI:
N/A
ISCAL MPACT
A:
N/A
LTERNATIVES
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PROCLAMATION
WHEREAS
, hundreds of people die and thousands are injured each year in the United States as a result of
electrically-related incidents;
WHEREAS
, there are, on average 450 civilian deaths related to electrical home structure fires each year;
WHEREAS
, property damage resulting from home fires caused by electrical failure of malfunction amounts to
more than $1.5 billion annually;
WHEREAS
, more than seven people are electrocuted each week in the United States;
WHEREAS,
following basic electrical safety precautions can help prevent thousands of people from being
injured or killed each year;
WHEREAS
, citizens are encouraged to inspect their homes and workplaces for possible electrical hazards;
WHEREAS
, citizens are advised to protect their homes and families with the latest safety technology, such as
ground fault circuit interrupters, arc fault circuit interrupters, and tamper resistant receptacles;
WHEREAS
, citizens are urged to install, test and properly maintain an adequate number of smoke alarms;
WHEREAS
, the Electrical Safety Foundation International (ESFI) is dedicated exclusively to promoting
electrical safety in the home, school, and workplace through education, awareness and advocacy:
NOW THEREFORE I
, Woodrow Hay, Mayor of City of Boynton Beach, do hereby proclaim May as
Electrical Safety Month
This month observes the importance of establishing and practicing good electrical safety habits in the home,
school and workplace to reduce the number of electrically-related fires, injuries and deaths.
I call upon the people of the City of Boynton Beach to celebrate electrical safety during the month of May and to
follow good electrical safety practices throughout the year.
IN WITNESS WHEREOF
, I have hereunto set my hand and caused the Seal of the City of Boynton Beach,
th
Florida to be affixed this 15 day of May 2012.
________________________________________
Woodrow L. Hay, Mayor
ATTEST:
_______________________________
Janet M. Prainito, MMC
City Clerk
(Corporate Seal)
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Proclaim the week of May 21-26, 2012 as Water Reuse
EQUESTED CTION BY ITY OMMISSION
Week -The Proclamation will be accepted by Pamela S. Mac'Kie, Esq. from the South Florida Water
Management District
ER:
The South Florida Water Management District (District) requests
XPLANATION OF EQUEST
May 21-
that the City of Boynton Beach join the District and the State of Florida in proclaiming
26 as Water Reuse Week
.
Water reuse plays an important role in water resource, wastewater and ecosystem
management in Florida. When reclaimed water is used, it eases the demand on traditional,
often limited, sources of water. By recycling or reusing water, communities can still grow while
minimizing or even reducing their impact on the water resources around them.
H?
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
FI:
None
ISCAL MPACT
A:
Do not grant the request.
LTERNATIVES
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Proclamation
WHEREAS, safe, clean, and sustainable water resources are essential to Florida’s environment, economy, citizens
and visitors; and
WHEREAS, Florida’s water supplies are finite, while our population and our need for water resources continues to
increase; and
WHEREAS, water reuse provides a means for conserving and augmenting Florida’s precious water resources; and
WHEREAS, Florida has established the encouragement and promotion of water reuse as state objectives in
Chapters 373 and 403, Florida Statutes, and
WHEREAS, Florida’s permitted reuse capacity exceeds 1.5 billion gallons per day (more than 62 percent of
Florida’s total permitted capacity for all domestic wastewater treatment facilities); and
WHEREAS, Florida leads the nation in reusing 658 million gallons of reclaimed water each day to conserve
freshwater supplies and replenish our rivers, streams, lakes and aquifers; and
WHEREAS, the Florida Section of the Water Reuse Association has declared the week of May 20-26, 2012 to be
Water Reuse Week; and
WHEREAS, the City of Boynton Beach has joined with the State of Florida, the Florida Department of
Environmental Protection, and the South Florida Water Management District in encouraging and promoting water
reuse and conservation; and
WHEREAS, the City of Boynton Beach has implemented a water reuse program and encourages efficient and
effective use of reclaimed water;
NOW, THEREFORE, be it resolved that by virtue of the authority vested in me as Mayor of the City of Boynton
Beach do hereby proclaim the week of May 20-26, 2012 as:
Water Reuse Week
The City of Boynton Beach is calling upon each citizen and business to help protect our precious resource by
practicing water conservation and to use reclaimed water in an efficient and effective means.
IN WITNESS WHEREOF, I have hereunto set my hand and caused the seal of the City of Boynton Beach to be
affixed this 15 day of May, in the Year 2012.
th
________________________________________
Woodrow L. Hay, Mayor
ATTEST:
_____________________________________
Janet M. Prainito, MMC
City Clerk
(Corporate Seal)
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Proclaim that May 19 - 25, 2012 is National Safe Boating
EQUESTED CTION BY ITY OMMISSION
Week - Proclamation to be accepted by Mr. Irwin Fried, FSO, Public Affairs for the US Coast Guard
Auxiliary
ER:
This proclamation is meant to spread the word and encourage safe
XPLANATION OF EQUEST
boating practices during National Safe Boating Week and throughout the year
H?
N/A
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
FI:
N/A
ISCAL MPACT
A:
Not to present proclamation.
LTERNATIVES
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Proclamation
Recreational boating is fun and enjoyable, and we are fortunate that we have sufficient resources to accommodate the wide
variety of pleasure boating demands. However, our waterways can become crowded at times and be a place of chaos and
confusion. While being a marvelous source of recreation, boating, to the unprepared, can be a risky sport. Not knowing or
obeying the Navigation Rules or the nautical “Rules of the Road”, drinking alcohol or taking drugs while operating a boat, or
choosing not to wear your life jacket when doing so is clearly NOT the smart thing to do, and are all examples of human
error or a lack of proper judgment. One particular behavior that can reduce the number of boaters who lose their lives by
drowning each year by approximately 80% is the wearing of a life jacket. It is a simple task that has the potential to reduce
terrible loss in lives.
Knowledge and skills are important in reducing human error and improving judgment. If people are aware of the risk, they
are likely to take the precautionary measures to protect themselves and their friends and family. That is why we must
continue to spread the messages of boating safety not only during National Safe Boating Week, but also throughout the entire
year.
WHEREAS
, on average, 700 people die each year in boating-related accidents in the U.S., approximately 70% of these are
fatalities caused by drowning; and
WHEREAS
, the vast majority of these accidents are caused by human error or poor judgment and not by the boat,
equipment, or environmental factors; and
WHEREAS
, a significant number of boaters who lose their lives by drowning each year would be alive today had they worn
their life jackets; and
WHEREAS
, today’s life jackets are more comfortable, more attractive, and more wearable than styles of years past and
deserve a fresh look by today’s boating public.
THEREFORE, I
, Woodrow L. Hay, Mayor of the City of Boynton Beach, Florida do hereby support the goals of the North
American Safe Boating Campaign and proclaim May 19-25, 2012 as
National Safe Boating Week
and the start of the year-round effort to promote safe boating. I urge all those who boat to “Wear It” and practice safe boating
habits.
IN WITNESS WHEREOF
, I have hereunto set my hand and caused the Seal of the City of Boynton Beach, Florida to be
th
affixed this 15 day of May, 2012.
Woodrow L. Hay, Mayor
ATTEST:
_____________________________________
Janet M. Prainito, MMC
City Clerk
(Corporate Seal)
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Presentation by a member of the Education and Youth
EQUESTED CTION BY ITY OMMISSION
Advisory Board of the annual “Bob Borovy Student Citizen of the Year” Award.
ER:
The Bob Borovy Student Citizen of the Year Award was
XPLANATION OF EQUEST
created in 2000 to recognize a graduating high school senior who best epitomizes the spirit of
volunteerism and giving to the community as exemplified by the late Bob Borovy. A United
States Veteran and former Advisory Board on Children and Youth member, Mr. Borovy was an
active citizen of the Boynton Beach community for many years. The award recipient will receive
$1,000 and have his/her name placed on a permanent plaque at City Hall.
H?
In order to apply, students must
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
be graduating high school seniors who are residents of the City of Boynton Beach, submit
three letters of recommendation, complete an essay and provide documentation of their
volunteer work. The winner is chosen by a panel of judges, including last year’s award
recipient.
FI:
The award is sponsored by the Education & Youth Advisory Board and is
ISCAL MPACT
funded through donations.
A:
N/A
LTERNATIVES
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Presentation of the annual Youth Volunteer Bank awards
EQUESTED CTION BY ITY OMMISSION
by members of the Education & Youth Advisory Board.
ER:
The Youth Volunteer Bank was created in 1997 to promote
XPLANATION OF EQUEST
youth volunteerism, community involvement and reward youth who participate. The program is
a cooperative effort between the Recreation & Parks Department, Education & Youth Advisory
Board, local businesses and schools and youth volunteers.
H?
Since 1998, youth volunteers
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
have recorded over 55,850 volunteer hours and the program has awarded over $22,000 in
savings bonds and prizes.
FI:
The awards are sponsored by the Education & Youth Advisory Board and the
ISCAL MPACT
program is funded through donations.
A:
N/A
LTERNATIVES
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RACC:
Presentation by the Sister Cities Committee regarding
EQUESTED CTION BY ITY OMMISSION
goals and objectives for the coming year.
ER:
Ms. Christine Francois will present a brief update to the City
XPLANATION OF EQUEST
Commission on the Sister Cities Committee work.
H?
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
FI:
ISCAL MPACT
A:
LTERNATIVES
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3. H
ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS
May 15, 2012
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD:
May 15, 2012
OMMISSION EETING ATE
O PH
PENINGSUBLIC EARING
O CM’R
THERITY ANAGERS EPORT
A/P UB
NNOUNCEMENTSRESENTATIONSNFINISHED USINESS
NO
ATURE F
A NB
DMINISTRATIVEEW USINESS
AI
GENDA TEM
CA L
ONSENT GENDAEGAL
BP$100,000 FAI
IDS AND URCHASES OVER UTURE GENDA TEMS
CCL
ODE OMPLIANCE AND EGAL
S
ETTLEMENTS
RACC:
Presentation of a song written, composed and performed
EQUESTED CTION BY ITY OMMISSION
by John Scott, a city Golf Course employee, to celebrate the City of Boynton Beach's Promise.
ER:
XPLANATION OF EQUEST
H?
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
FI:
ISCAL MPACT
A:
LTERNATIVES
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5. A
ADMINISTRATIVE
May 15, 2012
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD:
May 15, 2012
OMMISSION EETING ATE
O PH
PENINGSUBLIC EARING
O CM’R
THERITY ANAGERS EPORT
A/P UB
NNOUNCEMENTSRESENTATIONSNFINISHED USINESS
NO
ATURE F
A NB
DMINISTRATIVEEW USINESS
AI
GENDA TEM
CA L
ONSENT GENDAEGAL
BP$100,000 FAI
IDS AND URCHASES OVER UTURE GENDA TEMS
CCL
ODE OMPLIANCE AND EGAL
S
ETTLEMENTS
RACC:
Appoint eligible members of the community to 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
May 15, 2012
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD:
May 15, 2012
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:
Approve payment to the City of Boca Raton in the amount
EQUESTED CTION BY ITY OMMISSION
of $59,360 from the Law Enforcement Trust Fund pursuant to an interlocal agreement between the City
of Boca Raton and the City of Boynton Beach for the purpose of operating a Biology Processing
Laboratory to pre-process DNA samples obtained by the Boynton Beach Police Department pursuant to
criminal investigations.
ER:
The Boynton Beach Police Department investigates numerous
XPLANATION OF EQUEST
crimes where forensic evidence in the form of DNA is recovered. The perpetrator of a crime
may deposit bodily fluids or tissue of various types at the scene of a crime by simply touching
an object or surface, or contact with a victim involving a sexual assault or battery. The bodily
fluids and tissue often contain DNA which is a chemical identifier unique to every individual
and considered a more accurate identifier than even fingerprints.
The Police Department has utilized DNA evidence in over 200 successful prosecutions
including a cold case homicide from 1986. Our officers and detectives submit approximately
700 laboratory testing requests to the Palm Beach County Sheriff’s Office (PBSO) each year in
an effort to identify those persons connected with the various crimes committed in our City. As
more and more DNA profiles are collected from individuals pursuant to State Statues requiring
certain persons charged or convicted of major felonies to provide a DNA sample,
identifications become more prevalent. The PBSO crime lab has the capability to collect and
analyze DNA samples; however, the process is expensive and labor intensive. Currently,
PBSO does not charge us for DNA or any forensic analysis performed pursuant to a criminal
investigation. However, the PBSO crime lab is now overburdened with the number of testing
requests from the various law enforcement agencies in the County resulting in a prioritization
of cases with DNA samples and delays in testing for most cases that can last many months or
over a year. Delays in processing of the DNA samples can negate a successful prosecution or
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allow those responsible for major crimes to leave the jurisdiction or the County before probable
cause is established in order to make an arrest.
The most labor intensive and time consuming process related to DNA testing is determining if
a suitable sample is present and if so, extracting the sample and converting it to its testable
form. The Chiefs of Police for Boynton Beach, Boca Raton and Delray Beach considered the
problems with the PBSO Crime Lab backlog of cases and determined that a pre-screening
laboratory would facilitate a timely resolution to our case submissions while providing relief to
the PBSO lab.
The lab is now operational and in accordance with the interlocal agreement previously
approved by the Commission the second payment of $59,360 is now due. The first payment in
the same amount was made in July of 2010.
H?
This will enhance the Police Department’s
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
ability to investigate major crimes and arrest those responsible in a timely manner.
FI:
Funds in the amount of $59,360 will be taken from the State Law Enforcement
ISCAL MPACT
Trust Fund account which currently shows a balance of $257,403.57. Florida State Statute
932.7055 provides that when a law enforcement agency seizes property or currency pursuant
to the state forfeiture statutes, the proceeds are deposited into a Law Enforcement Trust Fund.
The funds may be expended for law enforcement purposes upon request of the Chief of Police
to the governing body of the municipalityThis expenditure meets the requirements of the
.
statute in that the law enforcement purpose is clear and this type of expenditure has not
appeared in our budget at any point.
A:
Take the funds from another budget account or fund.
LTERNATIVES
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6. B
CONSENT AGENDA
May 15, 2012
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD:
May 15, 2012
OMMISSION EETING ATE
O PH
PENINGSUBLIC EARING
O CM’R
THERITY ANAGERS EPORT
A/P UB
NNOUNCEMENTSRESENTATIONSNFINISHED USINESS
NO
ATURE F
A NB
DMINISTRATIVEEW USINESS
AI
GENDA TEM
CA L
ONSENT GENDAEGAL
BP$100,000 FAI
IDS AND URCHASES OVER UTURE GENDA TEMS
CCL
ODE OMPLIANCE AND EGAL
S
ETTLEMENTS
RACC:
PROPOSED RESOLUTION NO. R12-043 - Authorize
EQUESTED CTION BY ITY OMMISSION
execution of a Voluntary Compliance Agreement between the City of Boynton Beach and the U.S.
Department of Housing and Urban Development (HUD) Office of Fair Housing and Economic
Opportunity (FHEO)
ER:th
During the week of August 8 2011, HUD conducted an onsite review of certain
XPLANATION OF EQUEST
aspects of the City of Boynton Beach Community Development Block Grant (CDBG) program related to
Americans with Disabilities Act (ADA), Fair Housing and employment and training opportunities for Section 3
residents. As a result of the onsite visit, HUD identified some areas that the city needed to address in order to
achieve full compliance with the above requirements. Although the Community Improvement Division (CID) had
procedures and activities in place to meet the requirements, the Office of Fair Housing and Equal Opportunity
determined that these are not adequate. They raised points of concerns and findings. A finding is an area of non
compliance and a concern is an area that if not addressed HUD believes could have the potential to become a
finding. The Voluntary Compliance Agreement (VCA) is the instrument that the city will use to resolve all the
issues raised in the monitoring letter subject to city compliance with all of the provisions of the VCA. Under the
VCA, the city will need to diligently work with HUD to improve its record keeping procedures, create or improve
required federal protocols, and make substantial handicap accessibility improvements over the term of the
agreement. It should be noted that CID is in the process of completing policies and procedures under the
Neighborhood Stabilization Program with the assistance of HUD’s Community Planning and Development (CPD)
and has included procedures for addressing several of the items required in the VCA.
The following are some of the items that the agreement covers:
The creation of a citizen participation plan, which the city already has in place through its Five Year
Consolidated Plan and One Year Action Plan. This plan will be updated.
A limited English proficiency program, which would require the City to publish all public hearing
advertisements with a provision detailing how a person with disabilities would be able to request
reasonable accommodations. CID has started using this in their advertising. In addition the City will begin
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translating and make available its documents in Spanish and Creole. Currently, the City provides
translation services for Spanish and Creole clients through members of city staff.
The City will also revise its affirmative marketing plan to include additional outreach to various religious
and other entities; and provide for Florida relay service telephone numbers.
The City will establish a comprehensive policy addressing policies and procedures for a person with
disabilities to gain access to CDBG and NSP programs, services, and activities.
The City will also enhance its record keeping system for activities that are to affirmatively further Fair
Housing Action. This refers mainly to the Analysis of Impediments (AI) to Fair Housing Choice. The City
had completed an AI which was reviewed and accepted by HUD. However, the monitoring team
determined that this AI could be further enhanced.
The City is required to develop a Section 3 Plan, which was already underway as a part of the policies
and procedures for the NSP program. Upon completion will be deployed under the terms of the VSA
agreement. The monitoring team requested that the City identify a Section 3 Coordinator. However, CID
will use existing staff to implement the Section 3 Plan and NSP Funding Round 3 (NSP3) required vicinity
hiring. CID is meeting these requirements through its NSP developer partner.
The VCA is needed to ensure that HUD does not impose any corrective actions related to the expenditure of
CDBG funds; or bring suit under any of the provisions related to the Civil Rights Act, Americans Disabilities
Section 109, or Section 3. Failure to ratify this agreement will not limit HUD's legal recourse against the City's
for any deficiency found in HUD's monitoring letter.
H?
The intent is the enhancement of the delivery of
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
services provided by the CDBG program.
FI:
Voluntary ComplianceAccessibility Modifications Summary to meet ADA requirements –
ISCAL MPACT
Estimates of cost per phase
Completion no later than 9/30/2012 - $ 3,860.00
Completion no later than 9/30/2013 - $22,775.00
Completion no later than 9/30/2014 - $73,500.00
Funds are budgeted in FY11/12 Capital Improvement Fund for these expenses and will be included in the
applicable future Capital Improvement Budget years.
A:
There are no alternatives. The VCA must be complied with.
LTERNATIVES
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RESOLUTION NO. R12-
A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA,
APPROVING A VOLUNTARY COMPLIANCE AGREEMENT BETWEEN
THE CITY OF BOYNTON BEACH AND THE U.S. DEPARTMENT OF
HOUSING AND URBAN DEVELOPMENT (HUD) TO RESOLVE FINDINGS
AND CONCERNS OF HUD DURING A RECENT ONSITE REVIEW;
AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE THE
AGREEMENT; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS,
during the week of August 8, 2011, HUD conducted an onsite review of certain
aspects of the City of Boynton Beach Community Development Block Grant (CDBG) program
related to Americans with Disabilities Act, Fair Housing and employment and training opportunities
for Section 3 residents; and
WHEREAS,
the review was conducted to ensure that the CDBG programs administered by
the City provide equal opportunity for all persons, and that no person is excluded from participation
in, denied the benefit of, or otherwise subjected to discrimination in any program or activity; and
WHEREAS,
as a result of the onsite visit, HUD determined that some areas needed to be
addressed in order for the City to achieve full compliance; and
WHEREAS,
City staff has negotiated a Voluntary Compliance Agreement as the instrument
that the City will use to resolve all the issues raised in the monitoring letter; and
WHEREAS,
upon recommendation of staff, the City Commission has determined that it is
in the best interest of the residents and citizens of the City of Boynton Beach to approve the
Voluntary Compliance Agreement with the U.S. Department of Housing and Urban Development.
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.
Section 2.
The City Commission of the City of Boynton Beach, Florida, hereby approves
the Voluntary Compliance Agreement between the City of Boynton Beach and the U.S. Department of
Housing and Urban Development to resolve findings and concerns of HUD during a recent onsite
40 of 233
review, a copy of the Voluntary Compliance Agreement is attached hereto as Exhibit “A”.
Section 3.
The Mayor and City Clerk, on behalf of the City of Boynton Beach, are
authorized to execute the Voluntary Compliance Agreement with the U.S. Department of Housing and
Urban Development.
Section 4.
That this Resolution shall become effective immediately.
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PASSED AND ADOPTED
this ______ day of ___________, 2012.
CITY OF BOYNTON BEACH
___________________________
Mayor – Woodrow L. Hay
____________________________
Vice Mayor – Mack McCray
____________________________
Commissioner – William Orlove
____________________________
Commissioner – Steven Holzman
____________________________
Commissioner – Marlene Ross
ATTEST:
__________________________
Janet M. Prainito, MMC
City Clerk
(Corporate Seal)
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6. C
CONSENT AGENDA
May 15, 2012
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD:
May 15, 2012
OMMISSION EETING ATE
O PH
PENINGSUBLIC EARING
O CM’R
THERITY ANAGERS EPORT
A/P UB
NNOUNCEMENTSRESENTATIONSNFINISHED USINESS
NO
ATURE F
A NB
DMINISTRATIVEEW USINESS
AI
GENDA TEM
CA L
ONSENT GENDAEGAL
BP$100,000 FAI
IDS AND URCHASES OVER UTURE GENDA TEMS
CCL
ODE OMPLIANCE AND EGAL
S
ETTLEMENTS
RACC:
Approve a motion to declare the items surplus on the
EQUESTED CTION BY ITY OMMISSION
attached "VEHICLE & EQUIPMENT SURPLUS LIST" as submitted by Public Works / Fleet
Maintenance and allow for auction of the same utilizing JJ Kane Auctioneers
ER:
Fleet Maintenance is submitting twelve (12) items as surplus on
XPLANATION OF EQUEST
the attached "VEHICLE & EQUIPMENT SURPLUS LIST" to be sold at auction utilizing the City of
Boynton Beach disposal process for surplus vehicles and equipment allowing the use by the
City’s approved vendor to auction and generate revenue for the Fleet Maintenance Fund.
Procurement Services requests Commission’s review, evaluation and approval to sell the
surplus vehicles and equipment.
H?
The disposal of surplus vehicles and
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
equipment will provide inventory control and allow for a disposal process monitored by the
Finance Department.
FI:
The revenue generated from the sale of surplus vehicles and equipment will
ISCAL MPACT
be placed in the Fleet Maintenance Fund, and credited to the revenue account # 501-0000-
365-01-00. Proceeds from the boat sale will be credited to the State Law Enforcement Trust
Fund.
A:
To hold public auction with staff which has been done in the past, but after
LTERNATIVES
expenses, it was not in the best financial interest of the City.
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Vehicle & Equipment Surplus List
Amount
received
EquipmentDptYear Mfg. DscriptionVINMileageConditionReason
186UTIL98CHEVY1 Ton P/U1GBKC34JOW F04767369996POORMECHANICAL
515REC2001CHEVY1 TON VAN1GAHG39G31121353155455POORMECHANICAL
662CODE 2000FORDTAURUS1FAFP5222YA18338273646POORMECHANICAL
1131UTIL2003FORD1 TON P/U 1FTWW32S73ED4984976924POORMECHANICAL
1459SAN2004PETEAUTOMATED1NPZLT0X64D71551551988POORMECHANICAL
4313PD2003FORDCROWN VIC2FAFP71W83X11389983912POORMECHANICAL
4330PD2003BUICKCENTURY2G4W S52J93128642660743POORMECHANICAL
4403PD2004FORDCROWN VIC2FAFP71W04X162340118000 POORMECHANICAL
8042RDS2001CUST TRAILER5B747186011002668POORMECHANICAL
8103UTIL1997CAT416D4ZN011084317 POORMECHANICAL
8104UTIL1997CAT416C4ZNO1105 4951 POORMECHANICAL
Confiscated
Property
PD1988DONZI18' BOAT FLZDJ959D288POORMECHANICAL
Totals$0.0
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6. D
CONSENT AGENDA
May 15, 2012
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD:
May 15, 2012
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 RESOLUTION No. R12-044 - Approve the
EQUESTED CTION BY ITY OMMISSION
Non-Profit Developer Agreement between the City of Boynton Beach and The Boynton Beach Faith-
Based Community Development Corporation (CDCs), to act as developer under the City of Boynton
Beach's Neighborhood Stabilization Program 3 (NSP3)
ER:
The City Commission previously approved Resolution R10-028 to
XPLANATION OF EQUEST
amend the Community Development Block Grant (CDBG) Sub-Recipient contract agreement
between the City of Boynton Beach and the Boynton Beach Faith- Based CDC to facilitate the
implementation of the NSP program.
Funded under Title III of Division B of the Housing and Economic Recovery Act of 2008, the
Neighborhood Stabilization Program was created to ease the negative impact of the nation’s
economic decline and housing market collapse. The programs intended use is to stabilize and
revitalize communities that have been hit the hardest. The City of Boynton Beach has received
two rounds of funding under this program.
The City has been awarded $1,168,808 in NSP3 funding and is continuing the relationship with
The Boynton Beach Faith-Based CDC to acquire and rehabilitate foreclosed properties.
In NSP1, the City of Boynton Beach received $2,963,311. With the assistance of The Boynton
Beach Faith-Based CDC this resulted in the acquisition and rehabilitation of a total of fifteen
(15) foreclosed properties, three (3) over its goal, and NSP funds allocated to the CDC have all
been expended. Ten (10) of the properties have been sold with nine (9) having been closed
and one closing scheduled for April 30, 2012.
(See attached Beneficiary Report)
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The agreement between the City of Boynton Beach and the CDC has been amended to also
reflect changes in the Neighborhood Stabilization Program that continue to evolve by clarifying
some items and to make for a more efficient and timely performance. Some of the items either
amended or added are as follows:
Reuse of NSP sales proceeds
Reporting and evaluation requirements
Management of the rehabilitation process
Monitoring requirements
Long term affordability and recapture provisions
.
The NSP program seeks to prevent future foreclosures by requiring housing counseling for
families receiving homebuyer assistance. This method, to the fullest extent possible, protects
future homebuyers by obtaining mortgages from conventional lenders who agree to comply
with sound lending practices. The local CDC is a HUD approved housing counseling agency,
and as such, requires each of its applicants to attend an eight hour housing counseling
workshop.
H?
Having the CDC act as the developer for
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
this program will enable the City to encumber funds and procure foreclosed or abandoned
properties in a more expeditious manner. The City of Boynton Beach will not be affected by the
presumed liability of owning the properties, and ongoing maintenance of these properties until
they are sold.
The CDC, as a HUD approved counseling agency, will be responsible for marketing the
program per HUD regulations, identifying eligible properties and applicants, overseeing the
rehabilitation, monitoring the contractors, and maintaining the properties until sold. All funds
recaptured as the result of sales of the properties will not have an impact on the City’s future
CDBG allocations as the CDC will be the owners of the properties, and any funds recaptured
are required to be reused for purposes of the NSP program
FI:
Based upon NSP1, it is estimated that the CDC will be able to acquire and
ISCAL MPACT
rehabilitate at a minimum approximately five (5) properties. This will be based upon market
conditions, closing costs, developer fees, rehabilitation costs, and other soft costs involved.
A:
Not having the CDC act as developer will require the City staff to attempt
LTERNATIVES
property purchases through the standard City procurement process involving Financial
Services and the City Commission approval for each purchase, and require more staff time
with marketing the program to prospective buyers.
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RESOLUTION NO. R 12-____
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF BOYNTON BEACH, FLORIDA, APPROVING A NON-
PROFIT DEVELOPER AGREEMENT BETWEEN THE CITY
OF BOYNTON BEACH AND THE BOYNTON BEACH FAITH-
BASED COMMUNITY DEVELOPMENT CORPORATION TO
ACT AS DEVELOPER UNDER THE CITY’S
NEIGHBORHOOD STABILIZATION PROGRAM 3 (NSP3);
AUTHORIZING THE INTERIM CITY MANAGER AND CITY
CLERK TO EXECUTE THE AGREEMENT AND PROVIDING
AN EFFECTIVE DATE.
WHEREAS,
the City Commission previously approved Resolution R10-028 to amend the
Community Development Block Grant (CDBG) Sub-Recipient contract agreement between the City
of Boynton Beach and the CDC’s to facilitate the implementation of the NSP program; and
WHEREAS,
the Agreement allows for the CDC’s to act as the developer for this program
which will enable the City to encumber funds and procure foreclosed or abandoned properties in a
more expeditious manner; and
WHEREAS,
upon recommendation of staff, the City Commission of the City of Boynton
Beach Florida deems it to be in the best interest of the citizens of the City of Boynton Beach to
approve and authorize execution of the Non-Profit Developer Agreement between the City of
Boynton Beach and The Boynton Beach Faith-Based Community Development Corporation to act as
developer under the City’s Neighborhood Stabilization Program 3 (NSP3).
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY
OF BOYNTON BEACH, FLORIDA, THAT:
Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as being
true and correct and are hereby made a specific part of this Resolution upon adoption.
Section 2. The City Commission of the City of Boynton Beach, Florida, hereby approves the
Non-Profit Developer Agreement between the City of Boynton Beach and The Boynton Beach
Faith-Based Community Development Corporation, to act as developer under the City’s
Neighborhood Stabilization Program 3 (NSP3), a copy of the Non-Profit Developer Agreement is
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attached hereto as Exhibit “A”.
Section 3. The City Commission of the City of Boynton Beach authorizes the Interim
City Manager and City Clerk to execute the Non-Profit Developer Agreement between the City of
Boynton Beach and The Boynton Beach Faith-Based Community Development Corporation
Section 4. That this Resolution shall become effective immediately.
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PASSED AND ADOPTED
this ______ day of May, 2012.
CITY OF BOYNTON BEACH, FLORIDA
________________________________
Mayor – Woodrow L. Hay
___________________________________
Vice Mayor – Mack McCray
___________________________________
Commissioner – William Orlove
___________________________________
Commissioner – Steven Holzman
___________________________________
Commissioner – Marlene Ross
ATTEST:
___________________________
Janet M. Prainito, MMC
City Clerk
(Corporate Seal)
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6. E
CONSENT AGENDA
May 15, 2012
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD:
May 15, 2012
OMMISSION EETING ATE
O PH
PENINGSUBLIC EARING
O CM’R
THERITY ANAGERS EPORT
A/P UB
NNOUNCEMENTSRESENTATIONSNFINISHED USINESS
NO
ATURE F
A NB
DMINISTRATIVEEW USINESS
AI
GENDA TEM
CA L
ONSENT GENDAEGAL
BP$100,000 FAI
IDS AND URCHASES OVER UTURE GENDA TEMS
CCL
ODE OMPLIANCE AND EGAL
S
ETTLEMENTS
RACC:
Approve the minutes from the City Commission regular
EQUESTED CTION BY ITY OMMISSION
meeting held on May 1, 2012
The City Commission met on May 1, 2012 and minutes were prepared from the notes taken at
the meeting. The Florida Statutes provide that minutes of all Commission meetings be
prepared, approved and maintained in the records of the City of Boynton Beach.
H?
A record of the actions taken by the City
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
Commission will be maintained as a permanent record.
FI:
N/A
ISCAL MPACT
A:
N/A
LTERNATIVES
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6. F
CONSENT AGENDA
May 15, 2012
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD:
May 15, 2012
OMMISSION EETING ATE
O PH
PENINGSUBLIC EARING
O CM’R
THERITY ANAGERS EPORT
A/P UB
NNOUNCEMENTSRESENTATIONSNFINISHED USINESS
NO
ATURE F
A NB
DMINISTRATIVEEW USINESS
AI
GENDA TEM
CA L
ONSENT GENDAEGAL
BP$100,000 FAI
IDS AND URCHASES OVER UTURE GENDA TEMS
CCL
ODE OMPLIANCE AND EGAL
S
ETTLEMENTS
RACC:
Accept the FY 2011-12 Budget Status Report of the
EQUESTED CTION BY ITY OMMISSION
General Fund & Utility Revenue Fund for the seven (7) month period ended April 30, 2012 recognizing
that budgeted General Fund Business Taxes and State Shared Revenues may fall short for the year.
ER:
This report summarizes the estimated funding sources and the
XPLANATION OF EQUEST
adopted expenditure budgets for the City’s General Fund and Utility Revenue Fund for the
seven (7) month period ended April 30, 2012 (58% of the fiscal year). The analysis compares -
Actual results for the current period to the annual budget and
Actual results for the same period of the prior year annual budget.
H?
The annual budget is what provides and
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
controls the resources for City programs and services.
FI:
The annual budget and results to date for the General Fund and the Utility
ISCAL MPACT
Revenue Fund follow.
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GENERAL FUND
FY 2011-12FY 2010-11FY 2012 vs. 2011
Annual Actual to DateAnnual Actual to Date
BudgetActual
BudgetBudget
Amount%Amount%%%
Revenues & Transfers$ 65,142 $ 46,984 72%$ 68,551 $ 48,69371%-5%-4%
Expenditures$ (65,142) $ (40,681) 62%$ (68,551) $ (40,781)59%-5%0%
Excess (Deficit)$ -$ 6,303$ -$ 7,912
Revenues & Transfers (Exhibit A) –
Budgeted Funding Sources:
Property taxes and other revenues only provide funding
sources of $42.8 M or 66% of our total $65.1 M General Fund budget estimate for the FY
2012. Transfers from other funds (non-revenues) provide $22.3 M or a large 34% of the total
funding sources to balance our $65.1 M General Fund budgeted expenditures.
These three major estimated funding sources are summarized as follows:
1. 35% - $ 22.5 M – Property taxes less Tax Increment Financing to the CRA
2. 31% - $ 20.3 M – All other revenues
3._34% - $ 22.3 M – Transfers from other funds & General Fund Balance
100% - $ 65.1 M – Total funding sources
The property tax rate for FY 2012 was increased from 6.7626 mills to 7.1941 mills; the net
property taxes of $26.3 M in FY 2012 represent a 3.2% increase in property tax revenue or an
increase of $.8 M from FY 2011.
To balance the budget in FY 2012, it required transfers from other funds of $22.2 M and an
appropriation of the General Fund undesignated fund balance of $110,000 representing a total
of $22.3 M or 34% of all funding sources.
Actual Funding Sources Realized:
Revenues and transfers realized are $46.9 M or 72% of
the budget estimate compared to $48.7 M or 71% realized to date in FY 2011.
Ad Valorem Taxes, net of discounts: $20.7 M (92% of the budget estimate) have been
received to date versus $20.3 M (92% of the budget estimate) for FY 2011.
Other Revenues: The four major revenue sources other than property taxes are:
1. Franchise Fees with $2.5 M or 56% actually collected in FY 2012 compared to 51% in
FY 2011. The percent increase is due to reduced revenue estimates from $5.0 M in FY
2011 to $4.5 M in FY 2012.
2. Business Taxes & Building Permits Business taxes and building permits in total appear
that we will realize our total estimated revenues.
a. Business taxes are due at the beginning of our fiscal year. It appears that we will
fall short of our annual estimate by approximately $200,000. It remains to be
seen if all business taxes will be realized.
b. Building permits of $1.3 million have already exceeded our annual estimate of
$1.1 million and have doubled year-to-date compared to the $0.7 million in FY
2011. At this rate, we should make up the $200,000 shortfall of business taxes
before the fiscal year is complete.
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3. State Shared Revenues of $3.7 M or 57% collected in FY 2012 which is ahead of FY
2011 in dollars collected, but behind the 61% of the total budget estimate for FY 2011.
The amount budgeted this year reflects the State’s estimate. However, it remains to be
seen if all State shared revenues will be collected.
4. Public Safety revenues realized this year are $2.70 M compared to $2.74 M in FY 2011.
A majority of the $30K shortfall to date compared to budget is Advance Life Support
Transport revenues which are budgeted to increase $300,000 for the year yet are
$30,000 less in actual revenues to date compared to FY 2011. Once again, it remains to
be seen if all Public Safety revenues will be realized.
Transfers From Other Funds: Current practice is to transfer 1/12 of the budgeted transfers
from other funds each month. This will result in 100% realization of this funding source for the
year.
Expenditures (Exhibit B)
Budgeted Expenditures:
Overall, budgeted expenditures decreased approximately 5% from
$68.5 M in FY 2011 to $65.1 M this year. The decrease impacted many departments with the
larger decreases coming from Police, Building and Development departments, and Parks
Maintenance.
Actual Expenditures –
Expenditures for the fiscal year to date are $40.6 M that is 62% of the
$65.1 M expenditure appropriation for FY 2012.
(a) With the expenditures at $40.6 M, we are $100K under last fiscal year spending
levels of $40.7 M for this same period.
(b) The two largest departments, Police and Fire account for the majority of actual
expenditures to date on Exhibit B:
Budget @ 58% Expended Difference Pension
Police - $22.7 M - $13.2 M $15.3 M (68%) $2.1 M $2.2 M
Fire - $18.6 M - $ 10.8 M $11.9 M (64%) $1.1 M $1.9 M
(c) The Pension line item is the major item of their budget overage to date. This is
primarily due to the one-time payment for the City’s pension obligations at the
beginning of the fiscal year in order to save significant ($1.0 M) pension costs as
opposed to previous years where the City made monthly payments.
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UTILITY REVENUE FUND
FY 2011-12FY 2010-11
FY 2012 vs. 2011
Actual to DateActual to Date
Annual Annual
BudgetActual
BudgetBudget
Amount%Amount%%%
Revenues$ 39,077$ 22,70558%$ 36,309$ 22,54262%8%1%
Revenue Fund Increase$ (6,860)$ (4,002)58%$ (4,342)$ (2,533)58%58%58%
Net Revenues$ 32,217$ 18,70358%$ 31,967$ 20,00963%1%-7%
Expenditures$ (32,217) $ (18,110) 56%$ (31,967) $ (18,614) 58%1%-3%
Operational Variance$ -$ 593 $ -$ 1,395
With the approval of the Capital Improvement Plan (CIP) in FY 2010-11 and the bond issue of
$45.895 million, the Commission approved necessary rate increases to partially fund and
maintain the Utility’s Repair & Maintenance Capital Fund in addition to bond financing. As a
result, there are the planned Revenue Fund increases in its Operational Plan in order to meet
our CIP needs and to fund our increased debt service requirements. These factors should
provide for adequate bond debt service coverage.
Operational Forecast -
The budgeted operational forecast of the Utility Revenue Fund
estimates an excess of revenues over expenditures of $6.8 M for the year resulting in a fund
balance increase (excess of revenues over expenditures) before added debt service and
transfers to the Repair & Maintenance Capital Improvement Fund.
To date this year, we are slightly ahead of our plan by $593 K versus last year’s amount of
$1,395 K. See the comment under Expenditures below related to pension payments that
accounts for the variance.
Revenues (Exhibit C) –
Actual revenues to date of $22.7 M and the planned fund balance
increase of $4.0 M vary slightly in FY 2012 compared to the $22.5 M to date in FY 2011,
because of two factors:
Water Sales - $10.4 M equivalent to 57% of the annual estimate, compared to $10.5 M
(62%) at this point in FY 2011.
Sewer Service - $9.6 M equivalent to 58% of the annual estimate, compared to $9.4 M
(61%) at this point in FY 2011.
Expenditures (Exhibit D)
– The FY 2012 annual expenditure budget of $32.2 M represents a
$0.3 M (1%) increase from the FY 2011 budget of $31.9 M
Expenditures to date are $18.1 M or 56% of the annual appropriation compared to similar
expenditures for the prior fiscal year. Similar to the General Fund, we are ahead of last year’s
spending levels due to the one-time payment for the City’s pension obligations at the beginning
of the fiscal year in order to save significant pension costs as opposed to previous years where
the City made monthly payments.
A:
Discuss this Budget Status Report or request clarification at the City
LTERNATIVES
Commission meeting.
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9. A
PUBLIC HEARING
May 15, 2012
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May 15, 2012
OMMISSION EETING ATE
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A/P UB
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NO
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DMINISTRATIVEEW USINESS
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BP$100,000 FAI
IDS AND URCHASES OVER UTURE GENDA TEMS
CCL
ODE OMPLIANCE AND EGAL
S
ETTLEMENTS
RACC:
Approve conditional use request for a 1,300 square foot
EQUESTED CTION BY ITY OMMISSION
Publix Liquor Store next to the new Publix Super Market in the Boynton Lakes Plaza at 4770 North
Congress Avenue, within the C-3 (Community Commercial) zoning district. Applicant: Merriann Metz,
Publix Super Markets, Inc.
ER:
Heather Ramos with Gray Robinson, P.A., agent, is seeking
XPLANATION OF EQUEST
conditional use approval for a Publix Liquor Store at Boynton Lakes Plaza shopping center.
The proposed liquor store would be located in a 1,300 square foot retail bay, immediately
south of and abutting the new Publix grocery store. Publix would operate the business as a
package liquor store for sale of packaged goods only, with no on-site consumption. Liquor
stores require conditional use approval if proposed to be located within 200 lineal feet of a
residential zoning district, per Chapter 3, Article IV, Section 3.D. (Use Matrix) of the Land
Development Regulations (LDR). Since the retail space is located within 200 feet of the
Boynton Lakes North subdivision, conditional use approval is required.
The landscape buffer along Boynton Lakes Boulevard separating the shopping center from the
residential properties consists of an existing six (6) foot high masonry wall, hedge and Live
Oak and Silver Buttonwood trees, which would appear to provide adequate screening and
buffering of the proposed use.
th
The Planning & Development Board reviewed the item at their April 24 meeting and
recommended approval, with the condition that the hours of operation be limited to 10 AM to
10 PM, which the applicant indicated was their normal business hours.
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Based upon the evaluation and analysis, and compliance with all applicable development
regulations, staff recommends APPROVAL of this request, subject to conditions contained
within Exhibit “D” – Conditions of Approval.
H?
N/A
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
FI:
The Business Tax is anticipated to be approximately $98.00 and any building
ISCAL MPACT
permit fees associated with the tenant build-out to occupy the space.
A:
Approve, approve with conditions, or deny request.
LTERNATIVES
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DEVELOPMENT DEPARTMENT
PLANNING AND ZONING DIVISION
MEMORANDUM NO. PZ 12-014
STAFF REPORT
TO: Chair and Members
Planning and Development Board and City
Commission
THROUGH: Michael Rumpf
Planning and Zoning Director
FROM: Ed Breese
Principal Planner
DATE: April 4, 2012
PROJECT NAME/NO: Publix Liquor Store / COUS 12-002
REQUEST: Request conditional use approval for a 1,300 square foot
Publix liquor store at the Boynton Lakes Plaza shopping center located at the
southeast corner of Hypoluxo Road and Congress Avenue within the C-3
Community Commercial zoning district.
PROJECT DESCRIPTION
Property Owner: Regency Centers, Inc.
Applicant: Merriann Metz, Publix Super Markets, Inc.
Agent: Heather Ramos, Gray Robinson, P.A.
Location: 4770 North Congress Avenue (see Exhibit “A” – Location Map)
Existing Land Use: Local Retail Commercial (LRC)
Existing Zoning:
Community Commercial (C-3)
Proposed Land Use: Local Retail Commercial (LRC) (no change proposed)
Proposed Zoning:
Community Commercial (C-3) (no change proposed)
Proposed Use: Publix liquor store in retail bay immediately south and abutting new Publix
grocery store.
Acreage: 9.95 acres (total shopping center) / 1,300 square foot retail bay.
Adjacent Uses:
North: Other retail bays within the Boynton Lakes Plaza shopping center, then
right-of-way of Hypoluxo Road, then farther north retail property located in
unincorporated Palm Beach County;
South: Other retail bays within the Boynton Lakes Plaza shopping center, then
farther south, the right-of-way of Plaza Lane;
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East: Right-of-way of Boynton Lakes Boulevard, then residential properties within
Boynton Lakes North classified Low Density Residential (LDR) and zoned
Planned Unit Development (PUD); and
West: Outparcels of Boynton Lake Plaza, then right-of-way of Congress Avenue,
then farther west Meadows Shopping Center classified Local Retail
Commercial (LRC) and zoned Community Commercial (C-3).
PROPOSAL
Heather Ramos with Gray Robinson, P.A., agent for Publix Super Markets, Inc., property owner, is
seeking conditional use approval for a Publix Liquor Store at Boynton Lakes Plaza shopping center.
The proposed liquor store would be located in a 1,300 square foot retail bay, immediately south of and
abutting the new Publix grocery store (see Exhibit “B” – Site Plan). Publix would operate the business
as a package liquor store for sale of packaged goods only, with no on-site consumption. Liquor stores
require conditional use approval if proposed to be located within 200 lineal feet of a residential zoning
district, per Chapter 3, Article IV, Section 3.D. (Use Matrix) of the Land Development Regulations
(LDR). Since the retail space is located within 200 feet of the Boynton Lakes North subdivision, a
conditional use is required. A conditional use is defined in the LDR as a use that because of special
requirements or characteristics may be allowed in a particular zoning district, but only with conditions as
necessary to make the use compatible with other uses permitted in the same zone or vicinity.
BACKGROUND
The Boynton Lakes Plaza shopping center encompasses approximately 9.95 acres at the
southeast corner of Hypoluxo Road and North Congress Avenue. The shopping center was
constructed in the 1980’s and has approximately 117,000 square feet of commercial buildings. The
shopping center is to be anchored by a new Publix grocery store that was approved in May of 2011 to
replace that portion of the center previously occupied by a Winn-Dixie grocery store. The approval for
the new 45,600 square foot Publix store also included a 1,300 square foot retail bay on the north and
south side of the new building, as well as façade improvements for the entire retail center and
landscaping upgrades.
STANDARDS FOR EVALUATING CONDITIONAL USES AND ANALYSIS
Chapter 3, Article IV, Section 4 of the Land Development Regulations contains the following standards
to which conditional uses are required to conform. The applicant has submitted a Justification
Statement that addresses each of the conditional use standards (see Exhibit “C” – Justification
Statement). Following each of these standards below is the Planning and Zoning Division’s evaluation
of the application as it pertains to the conditional use standards.
Per the LDR, the Planning and Development Board and City Commission shall consider only such
conditional uses as are authorized under the terms of the zoning regulations and, in connection
therewith, may grant conditional uses absolutely or conditioned upon the faithful adherence to the
review criteria below, or deny conditional uses when not in harmony with the stated purpose and intent
of ensuring compliance, public purpose, and compatibility. In evaluating an application for conditional
use approval, the Board and Commission shall consider the effect of the proposed use on the general
health, safety and welfare of the community and make written findings certifying that satisfactory
provisions have been made concerning the following standards, where applicable:
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1.
Ingress and egress to the subject property and proposed structures thereon, with particular
reference to automobile and pedestrian safety and convenience, traffic flow and control, and access
in case of fire or catastrophe.
This application proposes no revisions to the existing vehicular circulation patterns and approved
ingress and egress locations for the site. The site currently has two (2) major points of
ingress/egress for the shopping center, one along Hypoluxo Road and one along Congress
Avenue. There is also a minor driveway off of Plaza Lane to the south, immediately behind and to
the east of the Miami Subs restaurant. Additionally, there is cross access from all of the outparcels.
The site provides adequate access and circulation for the general public, service deliveries and
emergency personnel and apparatus.
2.
Off-street parking and loading areas where required, with particular attention to the items in
subsection above, and the economic, glare, noise, and odor effects the conditional use will have on
adjacent and nearby properties, and the city as a whole.
There will be no changes to the off-street parking or loading areas with the requested conditional
use. Further, the proposed liquor store will not create additional parking demand within the
shopping center, and the provided parking and vehicular circulation conditions are adequate for the
proposed use. The liquor store will not generate additional demand for loading or deliveries above
and beyond the other tenants within the plaza, nor generate objectionable glare, noise or odors.
There is an existing six (6) foot high wall, hedge and Live Oak and Silver Buttonwood trees
separating the loading area from Boynton Lakes Boulevard to the east and the residential
properties further to the east.
3.
Refuse and service areas, with particular reference to the items in subsection 1 and 2 above.
The service area for solid waste disposal and unloading of deliveries are currently provided on site
to the rear (east) of Publix, and screened from residential properties by the above-mentioned buffer.
The Publix Liquor Store will not generate any industrial, manufacturing, special or hazardous waste,
airborne pollutants, or require any special handling of solid waste, and therefore, will not negatively
impact the health, safety, or welfare of the surrounding community.
4.
Utilities, with reference to locations, availability, and compatibility.
Consistent with Comprehensive Plan policies and city regulations, all utilities, including potable
water and sanitary sewer, are available to the site and for use by all of the tenants. As a tenant
within the shopping center, the proposed use will not represent an increase in demand for City
utilities.
5. Screening, buffering and landscaping with reference to type, dimensions, and character.
Landscaping for the entire shopping center is part of the on-going renovation improvements. The
landscape buffering along Boynton Lakes Boulevard separating the shopping center from the
residential properties to the east consists of an existing six (6) foot high wall, hedge and Live Oak
and Silver Buttonwood trees. The landscaping provides adequate screening and buffering of the
proposed liquor store.
6. Signs, and proposed exterior lighting, with reference to glare, traffic safety, economic effect, and
compatibility and harmony with adjacent and nearby properties.
The lighting and signage is compatible with surrounding commercial and retail properties and will be
in harmony with the existing shopping center design. The approved lighting plan was designed to
meet all applicable code requirements with no spill over, glare or lighting onto adjacent properties.
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7. Required setbacks and other open spaces.
All setback and open space requirements were met with the approved site plan. The proposed
conditional use will not impact the setbacks or increase building square footage. The tenant space
will be located on the south side of the Publix grocery store and have a minimum one hundred-
ninety (190) foot setback from the east property line; with the forty (40) foot Boynton Lakes
Boulevard right-of-way further separating the space from any residential development.
8. General compatibility with adjacent properties, and other property in the zoning district.
The recently approved renovations to update the shopping center and the proposed conditional use
are compatible with surrounding development and will benefit and serve the community.
Surrounding properties at this commercial node are similarly zoned and contain a mixture of
commercial and residential uses. The addition of the Publix Liquor Store next to the Publix Grocery
Store will be an asset by providing goods and services to the public, as well as complement the
current uses of the shopping center. Publix grocery stores currently sell a wide variety of beer and
wine and have recently begun selling liquors from abutting storefronts, similar to Walgreens
pharmacies with a separate entry for their liquor store. The impact of such uses has been negligible
on, and compatible with, the surrounding environment.
9. Height of building and structures, with reference to compatibility and harmony to adjacent and
nearby properties, and the city as a whole.
The only exterior modifications proposed are associated with the minor site plan modification to
provide a new façade for the entire shopping center. The building height will not be altered and the
shopping center will be maintained as a one-story structure which would not adversely impact the
surrounding community. The heights of all buildings on site are in accordance with the approved
site plan and are compatible with other commercial and residential properties in the vicinity.
10.Economic effects on adjacent and nearby properties, and the city as a whole.
The applicant indicates the store will have a positive economic benefit to the surrounding areas and
the City as a whole through job creation and an active business in the space. The applicant goes on
further to state, “Publix intends to and will operate the proposed package liquor store in a manner
that continues to support community values by ensuring that employees are properly trained in
order to prevent underage alcohol sales and so that the store itself is kept and maintained as clean
and orderly as the Publix grocery store”.
11. Where applicable, the proposed use furthers the purpose and intent of a corresponding mixed use
zoning district or redevelopment plan.
The proposed Publix Liquor Store would be one of several tenants within the existing Boynton
Lakes Plaza shopping center. The Community Commercial (C-3) zoning district in which the
shopping center is located is the only conventional zoning district other than CBD (the downtown
commercial business district) where this use is allowed. Liquor stores are also permitted in the
planned district (PCD) and the mixed use districts. The applicant states that the purpose of the C-3
district is to encourage the development of appropriate intensive retail commercial facilities
providing a wide range of goods and services. Staff notes that a large shopping center within the
Community Commercial zoning district, located at the intersection of two (2) major arterial roads,
would appear to be the appropriate location for such a use, and only requires conditional use
approval due to the proximity of residential property.
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12. Compliance with and abatement of nuisances and hazards in accordance with the operational
performance standards as indicated in Chapter 3, Article IV, Section 1 of the Land Development
Regulations, and the Noise Control Ordinance, and City Code of Ordinances Part II, Chapter 15,
Section 15-8..
This typical retail use would conform to the operational performance standards of the City’s code
and shall be constructed, maintained, and operated so as not to be a nuisance or hazard to
persons, animals, vegetation or property located on adjacent or nearby properties or rights-of-way;
or to interfere with the reasonable use or enjoyment of adjacent or nearby property by reason of
noise, vibration, smoke, dust or other particulate matter; toxic or noxious matter; odors, glare, heat
or humidity; radiation, electromagnetic interference, fire or explosion hazard, liquid waste discharge,
or solid waste accumulation as outlined in Chapter 3, Article IV, Section 1 of the LDR. No adverse
impacts specifically related to sound quality are expected, and the property would remain in
compliance with all applicable noise control ordinances.
13. Required sound study and analysis. All conditional use applications for bars, nightclubs and similar
establishments shall include the following analysis performed by a certified acoustic engineer.
This is not applicable to the subject request for a package liquor store that would not permit on
premise consumption.
RECOMMENDATION
Based on the details contained in the above evaluation and analysis, and compliance with all applicable
development regulations, staff recommends APPROVAL of this request, subject to conditions
contained within Exhibit “D” – Conditions of Approval. The expiration of the conditional use shall be 18
months, unless applicable building permits are issued or an extension request is filed prior to the
expiration.
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EXHIBIT “D” – CONDITIONS OF APPROVAL
Project Name: Publix Liquor Store (Boynton Lakes Plaza)
File number: COUS 12-002
Reference:
INCLUDE REJECT
DEPARTMENTS
ENGINEERING / PUBLIC WORKS / UTILITIES
Comments: None.
X
FIRE
Comments: None.
X
POLICE
X
Comments: None.
BUILDING DIVISION
Comments: None.
X
PARKS AND RECREATION
Comments: None. X
PLANNING AND ZONING
Comments: None.
X
COMMUNITY REDEVELOPMENT AGENCY
Comments: None. X
PLANNING & DEVELOPMENT BOARD CONDITIONS
Comments:
1. The hours of operation of the liquor store shall be limited from
10 AM to 10 PM X
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: Publix Liquor Store
APPLICANT’S AGENT: Heather Ramos, Gray Robinson, P.A.
AGENT’S ADDRESS: 301 East Pine Street, Suite 1400, Orlando, FL 32802-3068
DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: May 15, 2012
TYPE OF RELIEF SOUGHT: Request conditional use approval for a 1,300 square foot Publix
Liquor Store at the Boynton Lakes Plaza shopping center located
at the southeast corner of Hypoluxo Road and Congress Avenue
within the C-3 Community Commercial zoning district.
LOCATION OF PROPERTY: 4770 N. Congress Avenue, Boynton Beach, FL
DRAWING(S): SEE EXHIBIT “B” ATTACHED HERETO.
________ 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 “D” 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 ____________________________________________________________
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DATED:__________________________ __________________________________________
City Clerk
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10. A
CITY MANAGER’S REPORT
May 15, 2012
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OMMISSION EETING ATE
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A/P UB
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NO
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AI
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ETTLEMENTS
RACC:
Receive staff update on implementation of the Historic
EQUESTED CTION BY ITY OMMISSION
Preservation Program and consider request for direction to proceed with the historic designation process
for selected city-owned sites
ER:
As part of the City’s celebration of National Preservation Month, a
XPLANATION OF EQUEST
presentation will be made to highlight the significant advances of the Historic Preservation
Program so far. Progress to date includes the identification of properties eligible for local
designation, beginning with City-owned properties. The sites considered eligible for
designation are the Schoolhouse Children’s Museum which is listed on the National Register,
the Barton Memorial Park Cemetery, and the four ornamental light poles located on traffic
islands in the Boynton Hills Subdivision. Placement on the local registry will open up grant
funding opportunities from the Department of State, will ensure that any future alterations are
undertaken appropriately as determined through the mandatory Certificate of Appropriateness
application and review procedure, and promote community awareness.
All applications would be processed in accordance with the adopted designation procedures as
indicated in the LDR, Chapter 4, Article IX, Section 6C. An application for designation will be
completed by the Historic Preservation Planner and submitted to the Historic Resources
Preservation Board (HRPB) for review. If the Board recommends approval, the application will
be scheduled for final review by the City Commission. This request is for approval from the
Commission to initiate this process.
H?
The historic designation of city-owned
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
sites will further the program through showing the City’s commitment to historic preservation,
highlighting the benefits of historic designation, raising public awareness of the program, and
by encouraging other property owners to consider historic designation for their property.
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FI:
City-owned, historically designated sites are eligible for grant funding from the
ISCAL MPACT
Department of State Historic Preservation Grants Program, thereby reducing maintenance
costs (if grants are secured).
A:
Do not allow the presentation and do not grant the request to move ahead with
LTERNATIVES
the historic designation process for city-owned sites.
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13. A
LEGAL
May 15, 2012
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May 15, 2012
OMMISSION EETING ATE
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ETTLEMENTS
RACC:
PROPOSED ORDINANCE NO. 12-007 - SECOND
EQUESTED CTION BY ITY OMMISSION
READING - Amending Section 26- 8, "Water and sewer connection, deposit and service charges", of the
City's Code governing water and wastewater rates. The revised fee structure for particular services
provided to utility customers will be effective July 1, 2012
ER:
XPLANATION OF EQUEST
Utilities staff members in the Meter Services Division are responsible for field response to
customer requests for assistance, investigations from report or bill irregularities, and any other
work order issues for field verification in relation to utility services. In many cases, there are no
fees for these increasing demands for field services that are provided often at the request of
the customer. An analysis was prepared documenting the staff time and material costs along
with a comparison of other nearby jurisdictions.
The City of Boynton Beach Utility is either providing many courtesy services or the fees are
less than nearby water utilities. The last time fees were reviewed and revised was in 2002,
prior to that they were reviewed in 1990.
The recommended changes to fees fall into three (3) broad areas in Section 26-8 of our Code:
1. Field Visit Services,
2. Customer Tampering / Damages, and
3. Temporary Account Activation.
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Field Visit Services
1. Turn On or Turn Off Services - Currently there is a $20 fee for both “turn on” or “turn off”
services without a definition of related services. There is no fee change proposed,
however, staff is proposing an expansion of the definition of a field visit beyond just
turning on or turning off service. Other jurisdictions charge $20 - $32.
2. Meter Test Services (*) – Currently, we charge $20 to test meters of all sizes for
accurate reading at the request of customers. In reality, our actual costs range from
$130-$515 depending on the meter sizes. Other jurisdictions vary, but within the
proposed size ranges. Our proposed rates are based on our actual costs incurred
during calendar year 2011. During this period, we absorbed $4,850 in costs above the
fees we charged to customers. The proposed rates will raise revenues only to equal our
actual costs.
3. Customer Re-Read Request Service (*) - Currently, we charge $20 to re-read both
residential and commercial/multi-family meters. Our actual costs are $32 for residential
meters and $47 for the larger commercial/multi-family meters, respectively. The
proposed rates will increase annual revenues $3,470 only to equal our actual costs. The
proposed rates of $30 for residential re-reads and $40 for commercial/multi-family re-
reads is lower than nearby jurisdictions ranging from $20 to $50.
(*) No charge to customer if there is a meter error, City error, or a substandard flow rate
is detected.
Customer Tampering / Damages
In recent years, customer tampering and theft of water service has increased significantly
resulting in revenue losses. Tampering includes any manipulation of water meters or theft of
utilities services. Most of these incidents occur after a customer is shut off for non-payment or
after the water meter is removed, but can occur anywhere.
A few examples of customer tampering includes –
Breaking the valve or lock to turn their own water back on;
Stealing a meter from a vacant property and utilizing it at their own property;
By-passing the meter to get free water.
On average, Utilities comes across these situations about 10 – 20 times per month, depending
on the volume of shut-off for non-payments that are conducted.
Often, each incident requires several visits by -
Meter Services staff, including supervisor’s time,
Customer Relations monitoring,
Police time to create reports, and
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Water Distribution time and equipment to make the repairs.
All costs are currently absorbed by the City. Instituting these fees may deter this theft.
Currently, while the City is authorized to collect expenses for damages to meters by
customers, the basis of those expenses is proposed to be imposed on a per hour rate for staff
time plus material. However, there are no “penalty charges per occurrence” for any customer
meter tampering resulting in City property damages or theft incurred by customers.
The proposed rates add penalties of $50 and $150 per occurrence as a deterrent to tampering
with the meters. Nearby jurisdictions’ charge penalty rates ranging from $60 to $500 per
occurrence.
Temporary Account Activation
Section 26-8.1 will add the following paragraph (g):
(g) Temporary account activation for purpose of property inspection. Customer
shall be required to open a new account including a deposit under current rates. All
charges will be applied in same manner as they are for all new accounts.
Statutory Notice Requirement
Florida Statute 180.136 requires notice of proposed increases of any rate, charge or fee for
water or utility service as follows:
Water 180.136 or sewer utilities; notice.—Before a local government water or sewer utility
increases any rate, charge, or fee for water or sewer utility service, the utility shall provide
notice of the proposed increase to each customer of the utility through the utility’s billing
process. The notice shall state the date, time, and place of the meeting of the governing board
of the local government at which such increase will be considered. The notice required in this
section is in addition to any notice and public meeting requirements for ordinance adoption as
provided by general law.
To accommodate this notice requirement second reading of the Ordinance will occur on June
5, 2012 by which time all customer billing cycles will have been completed to provide the
required notice described above.
H?
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
Changes to the fee for services will generate the appropriate revenue for services rendered.
Staff members are overburdened with courtesy services and follow-up services for customer
initiated inquiries.
Fees may discourage customers from unnecessary requests and encourage customers to be
more responsible for the request for services. This could result in a decrease in work order
requests and staff can concentrate on reading and maintenance activities that are required in
the system. Activities include repairs, installations, trouble shooting, and the delinquency
process and shut-offs for non-payment. This action could also relieve other divisions from the
burdens of assisting Meter Services in their day to day work activities.
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FI:
ISCAL MPACT
Revenue will now be generated for the actual cost of certain services that are not currently
charged or charged well below costs and what other nearby utilities charge their water
customers. The added revenue will supplement the utility rates and support the overall Utility
Enterprise Fund.
A:
LTERNATIVES
An alternative is to leave the fees at their current level and continue courtesy responses with
increasing staff demands and possibly unnecessary or costly visits to customers and field
locations.
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ORDINANCE NO. 12-007
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY
OF BOYNTON BEACH, FLORIDA AMENDING CHAPTER 26,
WATER, SEWERS AND CITY UTILITIES, SECTIONS 26-8 AND
26-8.1 TO REVISE THE FEES FOR PARTICULAR SERVICES TO
UTILITY CUSTOMERS; PROVIDING FOR CONFLICTS,
SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE.
WHEREAS,
the Meter Services Division is responsible for field response to customer requests
for assistance, investigations from bill irregularities and other work order issues for field verification in
relation to utility services; and
WHEREAS,
there has been an increasing demand for these field services, often requested by the
customer, which in many cases, there are no fees; and
WHEREAS
, an analysis was prepared documenting staff time and material costs compared to
other nearby jurisdictions; and
WHEREAS,
the provisions of Section 180.136, Florida Statutes, requiring notice of proposed
increase to any rate, charge or fee for water or sewer utility service, have been satisfied, as the required
notice has been furnished to each utility customer through the City's regular billing process; and
WHEREAS
, the City Commission of the City of Boynton Beach, based upon the justification
provided by City staff, deems it to be in the best interests of the citizens and residents of the City to
amend Chapter 26, Water, Sewers and City Utilities, of the City of Boynton Beach Code of Ordinances
to provide for these necessary changes.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY
OF BOYNTON BEACH, FLORIDA, THAT:
Section 1. Each Whereas clause set forth above is true and correct and incorporated herein
by this reference.
Section 2. That Chapter 26, Article I, Section 26-8, entitled Water and sewer connection,
deposit and service charges, is hereby amended in part by adding the words in underline and deleting the
words that are struck-through as follows:
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Sec. 26-8. Water and sewer connection, deposit and service charges.
There is hereby established a fee structure for water and sewer service, field visits, turn-ons, meter connections
and deposits, and miscellaneous services as set forth below:
Field Visit Services Charge Per
Occurrence
Turn-on Field visit (Including, but not limited to: initial read on, initial read shut, final $20
read on, final read shut, temporary disconnects, non-emergency shut off for repair,
customer requested meter locates, and installation, movement, or removal of
hydrant/construction meters.)
Turn-off $20
Turn-on after hours $55
Turn-off after hours $55
Meter test (Based on meter size)* $20
¾” $130
1” $150
1 ½” $206
2” $230
3” and above $515
Re-read* (customer request) $20
Residential $30
Commercial / Multi-Family $40
Water shut-off charge for non-payment $40
Labor charge for meter upgrades $60
Flow test* $30
Dishonored checks $25
Late payment $10
*No charge if meter error, city's error, or substandard flow rate is detected. Any adjustments to the
utility bill will be no more than three (3) months.
Customer Tampering/Damages
The Utilities Department is authorized to collect expenses for damages to
meters/service by customers. If damages result from tampering, a per hour rate for
Charge Per
staff time and material will be applied. All charges will be assessed to the account
Occurrence
where tampering/damages occurred.
Unauthorized reconnection of service $150
Pulled meter / reinstallation (In addition to the unauthorized reconnection of service $50
charge for instances in which unauthorized connections cannot be securely
disconnected due to tampering and/or damages or inability to lock the meter.)
Illegal meter bypass (For theft of service after meter has been pulled or if jumper lines $150
are used around existing meter. This charge may be applied alone or in addition to
other tampering charges.)
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Meter Connection Charges
Meter Size (in inches) Inside City Outside City Deposit
5/8” and ¾” $220 $275 $100
1” $255 $315 $125
1 ½” $455 $565 $250
2” $530 $660 $400
3” Furnished and installed by and at the expense of
$750
customer
4” Furnished and installed by and at the expense of
$1,250
customer
6” Furnished and installed by and at the expense of
$2,500
customer
8” Furnished and installed by and at the expense of
$4,000
customer
Construction Meters
Meter Size (in inches) Penalty for Nonread/month Deposit
¾” $25 $100
1” $25 $100
1 ½” $25 $200
2” $25 $200
Hydrant meter $150 $600
If the customer requests to increase the size of his water meter to a size greater than originally installed, the
customer shall pay only the differential cost between the original meter and the cost of the new meter for both the
connection and deposit charges.
Section 3. That Chapter 26, Article I, Section 26-8.1, entitled Water and sewer deposits;
accounts, credits, termination and re-connection is hereby amended by adding section (g) as follows:
Sec. 26-8.1 Water and sewer deposits; accounts, credits, termination and re-connection.
(a) Accounts. All utility deposits collected by the city pursuant to this chapter shall be maintained
in a non-interest bearing account.
(b) Credits on deposits for residential customers. On December 1st of each year the city will
refund utility deposits to residential customers who have maintained a consecutive twelve (12) month
satisfactory payment record and have established services for a consecutive twenty-four (24) month
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period. Accounts classified as commercial are not eligible for refunds described in section (b) hereof
prior to termination of service. For purposes of this section a "satisfactory payment record" shall mean
that the customer:
(1) Has not made more than one late payment after the expiration of 30 days from the date of
mailing.
(2) Has not paid with a check refused by the bank.
(3) Has not been disconnected for non-payment.
(4) Has not tampered with the meter.
(5) Has not used service in a fraudulent or unauthorized manner.
Notwithstanding the foregoing, if subsequent to the refund of the deposit to the residential customer, the
customer shall become delinquent for a period in excess of 30 days the city may require the customer to
pay a new deposit within 15 days of written notice. Said deposit shall also be subject to refund in
accordance with the provisions of this section.
(c) Termination of service. Upon termination of service the deposit, if not already refunded to the
customers account, shall be credited against the final bill and the balance, if any, shall be returned to the
customer in the form of a check.
(d) Re-connection. Customer shall be required to place a new deposit on account according to the
then current rate upon reconnection to the city system.
(e) Billing for utility service for parcels that will receive both water and sewer service shall
commence on the first day that either a sewer connection is made, or the water meter is set in place.
Billing for parcels receiving sewer service shall commence on the day that the sewer service line is
connected to the City's utility system. For initial billing periods of less than thirty (30) days, the base
facility charge will be pro-rated by multiplying the standard base facility charge by the number of days
the service was provided, and then dividing by thirty (30).
(f) Base facility charge. The base facility charge is defined as the monthly base fee charged per
unit that shall be levied upon the initiation of service. The base facility charge is used to defray those
non-consumption related operational expenses such as salaries, debt service, meter reading, billing and
maintenance activities associated with the City's utility department, that are incurred regardless of water
usage.
(g) Temporary account activation for purpose of property inspection. Customer shall be required
to open a new account including a deposit under current rates. All charges will be applied in same
manner as they are for all new accounts.
Section 4. Each and every other provision of Chapter 26, not herein specifically amended
shall remain in full force and effect as previously enacted.
Section 5. All ordinances or parts of ordinances in conflict herewith be and the same are
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hereby repealed.
Section 6. Should any section or provision of this ordinance or portion hereof, any
paragraph, 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 7. Authority is hereby granted to codify said ordinance.
Section 8. This ordinance shall become effective July 1, 2012.
FIRST READING
this 1st day of May, 2012.
SECOND, FINAL READING AND PASSAGE
this ________ day of ______________, 2012.
CITY OF BOYNTON BEACH, FLORIDA
_____________________________
Mayor – Woodrow L. Hay
_____________________________
Vice Mayor – Mack McCray
_____________________________
Commissioner – William Orlove
_____________________________
Commissioner – Steven Holzman
_____________________________
ATTEST: Commissioner – Marlene Ross
_____________________
Janet M. Prainito, CMC
City Clerk
(CORPORATE SEAL)
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Sec. 26-8. Water and sewer connection, deposit and service charges.
There is hereby established a fee structure for water and sewer service, field visits, turn-ons,
meter connections and deposits, and miscellaneous services as set forth below:
Field Visit Services Charge Per
Occurrence
Turn-on Field visit (Including, but not limited to: initial read on, initial $20
read shut, final read on, final read shut, temporary disconnects, non-
emergency shut off for repair, customer requested meter locates, and
installation, movement, or removal of hydrant/construction meters.)
Turn-off $20
Turn-on after hours $55
Turn-off after hours $55
Meter test (Based on meter size)* $20
¾” $130
1” $150
1 ½” $206
2” $230
3” and above $515
Re-read* (customer request) $20
Residential $30
Commercial / Multi-Family $40
Water shut-off charge for non-payment $40
Labor charge for meter upgrades $60
Flow test* $30
Dishonored checks $25
Late payment $10
*No charge if meter error, city's error, or substandard flow rate is detected. Any
adjustments to the utility bill will be no more than three (3) months.
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Customer Tampering/Damages
The Utilities Department is authorized to collect expenses for damages
to meters/service by customers. If damages result from tampering, a per Charge Per
hour rate for staff time and material will be applied. All charges will be Occurrence
assessed to the account where tampering/damages occurred.
Unauthorized reconnection of service $150
Pulled meter / reinstallation (In addition to the unauthorized $50
reconnection of service charge for instances in which unauthorized
connections cannot be securely disconnected due to tampering and/or
damages or inability to lock the meter.)
Illegal meter bypass (For theft of service after meter has been pulled or $150
if jumper lines are used around existing meter. This charge may be
applied alone or in addition to other tampering charges.)
Meter Connection Charges
Meter Size (in inches) Inside City Outside City Deposit
5/8” and ¾” $220 $275 $100
1” $255 $315 $125
1 ½” $455 $565 $250
2” $530 $660 $400
3” Furnished and installed by and at the
$750
expense of customer
4” Furnished and installed by and at the
$1,250
expense of customer
6” Furnished and installed by and at the
$2,500
expense of customer
8” Furnished and installed by and at the
$4,000
expense of customer
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Construction Meters
Meter Size (in inches) Penalty for Nonread/month Deposit
¾” $25 $100
1” $25 $100
1 ½” $25 $200
2” $25 $200
Hydrant meter $150 $600
If the customer requests to increase the size of his water meter to a size greater than originally
installed, the customer shall pay only the differential cost between the original meter and the
cost of the new meter for both the connection and deposit charges.
Sec. 26-8.1 Water and sewer deposits; accounts, credits, termination and
re-connection.
(a) Accounts. All utility deposits collected by the city pursuant to this chapter shall be
maintained in a non-interest bearing account.
(b) Credits on deposits for residential customers. On December 1st of each year the city
will refund utility deposits to residential customers who have maintained a consecutive twelve
(12) month satisfactory payment record and have established services for a consecutive
twenty-four (24) month period. Accounts classified as commercial are not eligible for refunds
described in section (b) hereof prior to termination of service. For purposes of this section a
"satisfactory payment record" shall mean that the customer:
(1) Has not made more than one late payment after the expiration of 30 days from the
date of mailing.
(2) Has not paid with a check refused by the bank.
(3) Has not been disconnected for non-payment.
(4) Has not tampered with the meter.
(5) Has not used service in a fraudulent or unauthorized manner.
Notwithstanding the foregoing, if subsequent to the refund of the deposit to the residential
customer, the customer shall become delinquent for a period in excess of 30 days the city may
require the customer to pay a new deposit within 15 days of written notice. Said deposit shall
also be subject to refund in accordance with the provisions of this section.
(c) Termination of service. Upon termination of service the deposit, if not already
refunded to the customers account, shall be credited against the final bill and the balance, if
any, shall be returned to the customer in the form of a check.
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(d) Re-connection. Customer shall be required to place a new deposit on account
according to the then current rate upon reconnection to the city system.
(e) Billing for utility service for parcels that will receive both water and sewer service shall
commence on the first day that either a sewer connection is made, or the water meter is set in
place. Billing for parcels receiving sewer service shall commence on the day that the sewer
service line is connected to the City's utility system. For initial billing periods of less than thirty
(30) days, the base facility charge will be pro-rated by multiplying the standard base facility
charge by the number of days the service was provided, and then dividing by thirty (30).
(f) Base facility charge. The base facility charge is defined as the monthly base fee
charged per unit that shall be levied upon the initiation of service. The base facility charge is
used to defray those non-consumption related operational expenses such as salaries, debt
service, meter reading, billing and maintenance activities associated with the City's utility
department, that are incurred regardless of water usage.
(g) Temporary account activation for purpose of property inspection. Customer shall be
required to open a new account including a deposit under current rates. All charges will be
applied in same manner as they are for all new accounts.
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13. B
LEGAL
May 15, 2012
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD:
May 15, 2012
OMMISSION EETING ATE
O PH
PENINGSUBLIC EARING
O CM’R
THERITY ANAGERS EPORT
A/P UB
NNOUNCEMENTSRESENTATIONSNFINISHED USINESS
NO
ATURE F
A NB
DMINISTRATIVEEW USINESS
AI
GENDA TEM
CA L
ONSENT GENDAEGAL
BP$100,000 FAI
IDS AND URCHASES OVER UTURE GENDA TEMS
CCL
ODE OMPLIANCE AND EGAL
S
ETTLEMENTS
RACC:
PROPOSED ORDINANCE NO. 12-008 - SECOND
EQUESTED CTION BY ITY OMMISSION
READING - Approve amendments to the Historic Preservation Ordinance as codified in the Land
Development Regulations (LDR) Part III, Chapter 1, Article II (Definitions), Part III, Chapter 1, Article VII,
(Administrative and Decision Making Bodies), and Part III, Chapter 4, Article IX (Building, Construction
and Historic Preservation)
ER:
The City is in the process of applying to the Department of State,
XPLANATION OF EQUEST
Division of Historical Resources for Certified Local Government (CLG) certification. The CLG
program is a preservation partnership between local, state and national governments which is
jointly administered by the National Park Service and the State Historic Preservation Office.
The benefits of CLG certification include eligibility to apply for federal funds allocated for CLG
certified municipalities, participation in the review and approval of nominations to the National
Register, technical training and assistance, and formal recognition that the City Historic
Preservation Program meets state and federal standards. CLG certification also highlights the
City’s commitment to the protection of its historic resources.
The CLG application form contains a list of requirements that must be included in the Historic
Preservation Ordinance to receive certification. Although the existing Ordinance includes many
of these items, some require further explanation and additional items must be included. The
main changes include a fuller description of the operation and duties of the Historic Resources
Preservation Board (HRPB), additional criteria for the designation of historic sites, a simplified
application process for the designation of historic sites and Certificate of Appropriateness
applications, a description of the procedure for the nomination of sites to the National Register
of Historic Places, amendments to the criteria for new construction and additions, and further
188 of 233
details on the application requirements for a Certificate of Economic Hardship. The proposed
wording is consistent with the respective ordinances of other CLG certified municipalities.
The proposed amendments have already been reviewed by the Division of Historical
Resources to ensure they meet CLG requirements.
H?
CLG certification will further the City’s
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
Historic Preservation Program, will confirm the program meets state and federal standards,
and will allow the City to apply for CLG funding.
FI:
None
ISCAL MPACT
A:
Approve request, approve with modifications, deny request
LTERNATIVES
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ORDINANCE NO. 12-008
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON
BEACH, FLORIDA, AMENDING PART III – LAND DEVELOPMENT
REGULATIONS, CHAPTER 1, ARTICLE II, DEFINITIONS; AMENDING
CHAPTER 1, ARTICLE VII, ADMINISTRATIVE AND DECISION MAKING
BODIES, SECTION 4; AMENDING CHAPTER 4, ARTICLE IX, BUILDING,
CONSTRUCTION AND HISTORIC PRESERVATION, SECTION 6, ALL
AMENDMENTS ARE NECESSARY FOR CERTIFIED LOCAL GOVERNMENT
CERTIFICATION FROM THE DEPARTMENT OF STATE, DIVISION OF
HISTORICAL RESOURCES; PROVIDING A CODIFICATION, SEVERABILITY,
CONFLICTS AND AN EFFECTIVE DATE.
WHEREAS
, the City is in the process of applying to the Department of State, Division of
Historical Resources for Certified Local Government (CLG) certification;; and.
WHEREAS
, the benefits of CLG certification include eligibility to apply for federal funds
allocated for CLG certified municipalities, participation in the review and approval of nominations to
the National Register, technical training and assistance and formal recognition that the City Historic
Preservation Program meets state and federal standards; and
WHEREAS
, upon staff recommendation, the City Commission approves the amendments
contained herein to the City’s Historic Preservation Ordinance so that Certified Local Government
certification can be obtained from the Department of State, Division of Historical Resources.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY
OF BOYNTON BEACH, FLORIDA that:
Section 1.
That the foregoing "WHEREAS" clause is true and correct and hereby ratified and
confirmed by the City Commission.
Section 2.
Chapter 1, Article II, Definitions, of the Land Development Regulations, is
hereby amended by adding the words and figures in underlined type, as follows:
…
190 of 233
HISTORIC PRESERVATION
- Any definition set forth in 36 C.F.R. Part 60 (the then-current
Code of Federal Regulation, as may be amended from time to time) shall be included in the
definition for such term (and shall control to the extent there is a conflict of meaning), or as an
additional definition, if such term is not otherwise defined:
ALTERATION
- Any construction or change of a Resource.
BOARD
- The Boynton Beach Historic Resources Preservation Board (HRPB).
BOYNTON BEACH REGISTER OF HISTORIC PLACES
- An official listing
maintained by the City of all Historic Properties and Historic Districts so designated by
this ordinance.
BUILDING(S)
- A construction, such as a house, garage, church, or hotel, created
principally to shelter any form of human activity.
CERTIFICATE OF APPROPRIATENESS
- A document evidencing approval by the
Board or the City staff for work proposed by an applicant.
CERTIFICATE OF ECONOMIC HARDSHIP
- A document evidencing approval by
the Board of an application for economic hardship as that term is defined in this
ordinance.
CERTIFIED LOCAL GOVERNMENT (CLG)
- A local government approved by the
Florida Department of State, Division of Historical Resources, to perform certain historic
preservation functions.
CONTRIBUTING PROPERTY
- A Property that contributes to the historic
significance of a Historic District by location, design, setting, materials, workmanship,
feeling, and association and thus adds to the District’s sense of time, place, and historical
development.
DEMOLITION
- Any act or process that partially or totally destroys a Resource.
DESIGN GUIDELINES HANDBOOK
- Document utilized by the City which
illustrates examples of design features, historic styles and treatment options which
preserve the historical, cultural and architectural character of a Historic District or
Property.
DISTRICT
- (see Historic District).
ECONOMIC HARDSHIP
- An onerous, extreme and exceptional economic burden that
would be placed upon a property owner by the denial of an application for a certificate of
appropriateness or by the imposition of conditions placed on the granting of such
certificate.
EFFECT
- A change in the quality of the historical, architectural, archaeological or
cultural significance of a Property or District, or in the characteristics that qualify the
Property or District as historically important.
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FLORIDA MASTER SITE FILE
- An archive and database of all known
archaeological and historical sites and districts recorded within the state of Florida that is
maintained by the Florida Department of State Division of Historical Resources and is
organized alphabetically by county and numerically, as recorded.
HISTORIC DISTRICT
- A geographically definable area designated by the City
Commission as possessing a significant concentration, linkage, or continuity of Properties
united historically or aesthetically by plan or physical development.
HISTORIC PROPERTIES
- Those Properties designated by the City Commission as
being of historical, cultural, architectural or archaeological importance.
NATIONAL REGISTER OF HISTORIC PLACES
- The official Federal list of
Historic Districts, Sites, Buildings, Structures, and Objects significant in American
history, architecture, landscape architecture, engineering, archaeology, and culture.
Authorized under the National Historic Preservation Act of 1966, and by 36 C.F.R. 60 as
each may be amended from time to time, and maintained by the U.S. Department of the
Interior.
NON-CONTRIBUTING PROPERTY
- A classification applied to a Property within a
Historic District signifying that it does not contribute to the qualities that give the
Historic District cultural, historical, architectural, or archaeological significance as
embodied in the criteria for designation of a District, but which because of its location
within a District should follow the review procedures required by this ordinance.
OBJECT
- A primarily artistic item closely linked to the history of the property. Said
item is typically relatively small in scale and simply constructed, such as a statue,
milepost, statuary, or fountain.
PROPERTY
- Area of land containing a single historic resource or a group of resources,
which may include any of a Building, Site, Structure, Object, or District.
RECONSTRUCTION
- The process of reproducing by new construction the exact form
and detail of a demolished Property as it appeared at a certain point in time.
REHABILITATION
- The process of repairing or altering a Property so that an
efficient, sustainable and appropriate contemporary use is achieved, which while
preserving those significant historical, architectural, or cultural features which establish
the character of the Property.
RELOCATION
- Any change of the location of a Building, Structure or Object from its
present setting to another setting.
RESOURCE
- A Building, Site, Structure, Object, or District that reflects historical,
archaeological, or cultural significance.
RESTORATION
- The process of accurately recovering the form and details of a
Property as it appeared at a particular period of time, which may involve the removal of
later additions or Alterations, or the replacement of missing features.
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SECRETARY OF THE INTERIOR’S STANDARDS FOR REHABILITATION
- A
federal document set forth in 36 C.F.R. 67, as amended from time to time, which
provides guidance on the sensitive Rehabilitation of a Historic Property.
SETTING
- The physical environment of a Property, including all landscape elements.
SITE
- The location of an event, a prehistoric or historic occupation or activity, or a
building or structure, whether standing, ruined, or vanished, where the location itself
possesses historic, cultural, or archaeological value regardless of the value of any existing
structure.
STRUCTURE(S)
- A combination of materials to form a construction, generally used to
distinguish from Buildings those functional constructions made for purposed s other than
creating human shelter. (For example, a bridge, wall, fence, pond).
SURROUNDING BUILDINGS
- For a Property on an interior lot, the properties
adjacent to across the street and on either side of the property across the street from the
subject Property; for a Property on a corner lot, the properties adjacent to, across both
streets, the property on the diagonal corner, and the properties adjacent to the properties
across both streets and adjacent to the diagonal corner from the subject Property.
Section 3. Chapter 1, Article VII, Administrative and Decision Making Bodies, Section 4, of
the Land Development Regulations is hereby amended by adding the words and figures in underlined
type, as follows:
Section 4. Historic Resources Preservation Board.
A. Terms and Definitions.
See Chapter 1, Article II for all applicable terms and
definitions which pertain to the regulations and standards contained herein.
B. Establishment, Composition and Terms.
The Historic Resources Preservation
Board shall consist of seven (7) members and two (2) alternate members who shall be
appointed by the City Commission. Members need not be residents or owners of
businesses that are within the City, but preference shall be given to individuals who shall
reside or have a principal place of business in the City. Where possible, a minimum of
two (2) members shall be chosen from among the disciplines of architecture, history,
architectural history, archaeology, landscape architecture or planning. A minimum of
three (3) additional members of the Board shall be experienced in the areas of
commercial development, real estate, banking or law. The two (2) remaining members
shall be citizen members at large. The two (2) alternate members shall be from any of the
foregoing professions or citizen members at large. All members shall have demonstrated
a special interest, experience or knowledge in historic preservation or closely related
disciplines.
Members of the Board shall serve three (3) year terms. Of the initial appointments, four
(4) members shall be appointed for a term of three (3) years and three (3) members shall
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be appointed for a term of two (2) years. Alternate members shall be appointed for a term
of two (2) years. Vacancies on the Board, including expired terms shall be filled within
sixty days by persons with the same background as the original appointee, or related
field, in order to maintain the desired Board makeup.
The Board shall hold a minimum of four meetings per year at regular intervals. All
meetings of the Board shall be publicly announced and will have a previously advertised
agenda. The meetings shall be open to the public.
Persons serving on the board are encouraged to attend educational meetings or workshops
to develop a special interest, expertise, experience or knowledge in preservation,
architecture, or quasi-judicial boards.
The City shall appoint a professionally qualified historic preservation planner to advise
and assist the Board, carry out delegated responsibilities, and undertake the requirements
for Certified Local Government certification.
C. Procedures and Quorum.
The Board shall establish adopt rules of procedures,
subject to any limitations prescribed by law. The rules of procedures shall be available
for public inspection upon request. Four (4) members shall constitute a quorum for the
transaction of business.
The Board shall select a chairman and other officers and shall prescribe their duties and
powers. Planning and Zoning staff and a City Attorney shall attend all meetings, acting
in an advisory capacity and participating fully in Board discussions, but having no right
to vote. The Board shall keep minutes of it proceedings, record the vote on each question
and keep records of its discussions, recommendations and other official actions.
Summary minutes will be prepared and made available to the public after adoption by the
Board.
D. Removal.
Any member of the Board may be removed pursuant to the
procedures outlined in the City Code of Ordinances.
E. Powers and Duties of the Board.
The Board shall have the following powers
and duties within the incorporated city limits of Boynton Beach, Florida:
1.
To recommend to the City Commission the following:
a.
Nomination of Properties and Districts to the National Register of
Historic Places, as a required duty of being a Certified Local Government.
b.
Nominations of Properties and Districts to the Boynton Beach
Register of Historic Places.
c.
Adoption, modification, or replacement of a Design Guidelines
Handbook.
2.
To hold public hearings and to approve or deny applications for
Certificates of Appropriateness or Certificates of Economic Hardship affecting
proposed or designated Properties or Properties within Districts;
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3.
To advise and assist owners of Properties on physical and financial aspects
of preservation, renovation, rehabilitation and reuse, and on procedures for
inclusion in the National Register of Historic Places;
4.
To call upon available City staff members as well as other experts for
assistance and/or technical advice;
5.
To authorize a member of the Board to testify before alla boards andor
commissions on any matter affecting historically, culturally, archaeologically, and
architecturally significant Properties and Resources;
6.
To confer recognition upon the owners of Properties and Districts by
means of certificates, plaques or markers;
7.
To recommend amendments or changes to this ordinance;
8.
To inform and educate the citizens of the City concerning the historic,
cultural, archaeological, and architectural heritage of the City;
9.
To participate in survey and planning activities of the Certified Local
Government;
10.
To coordinate with the State of Florida's Division of Historical Resources
Certified Local Government program by satisfying the following
requirements:
a.
The State Historic Preservation Officer shall be given thirty (30)
calendar days prior notice of all meetings and within thirty (30) days
following such meetings shall be provided with the minutes and record of
attendance of the Historic Resources Preservation Board and the public.
b.
The State Historic Preservation Officer shall be notified of any
change of Historic Resources Preservation Board members within thirty
(30) days of their appointment.
c.
Notify the State Historic Preservation Officer immediately of all
new historic designations or alterations to existing designations.
d.
Submit amendments to the ordinance to the State Historic
Preservation Officer for review and comment at least thirty (30) days prior
to adoption.
e.
Submit an annual report by November 1 covering activities of the
previous October 1 through September 30 and shall include the following
information:
(1) A copy of the Rules of Procedure;
(2) A copy of the Historic Preservation Ordinance;
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(3) Resumes of the Historic Resources Preservation Board
members;
(4) Changes to the Historic Resources Preservation Board
membership;
(5) New local designations and National Register listings;
(6) A review of survey and inventory activity with a
description of the system used;
(8) A program report on each grant-assisted activity; and
(9)Number of projects reviewed.
11.
To undertake any other actions or activity necessary or appropriate to the
implementation of its powers and duties or to implementation of the
purpose of this ordinance.
Section 4. Chapter 4, Article IX, Building, Construction and Historic Preservation
Requirements, Section 6, of the Land Development Regulations is hereby amended by adding the words
and figures in underlined type, as follows:
Section 6. Historic Preservation Requirements.
A. Purpose and Intent.
These provisions are designed to identify, protect, restore
and encourage the reuse of Resources, all of which are essential to the City’s health,
safety, morals and its economical, educational, cultural, and general welfare. These valid
public purposes shall be fulfilled by the ordinance, to achieve the following goals:
1.
Preserve, protect, enhance and perpetuate Resources which represent
distinctive and significant elements of the City’s historical, cultural, social,
economical, political, archaeological, and architectural identity; and/ or serve as
visible reminders of the City’s culture and heritage;
2.
Ensure the harmonious, orderly, and efficient growth, prosperity and
development of the City through retention and reuse of its historic and cultural
Resources;
3.
Strengthen civic pride and cultural stability through neighborhood
conservation;
4.
Contribute to the stabilization of the economy of the city through the
continued use, preservation, conservation and revitalization of its Resources;
5.
Protect and enhance the city’s historic, cultural and architectural
attractions to tourists and visitors and the support and stimulus to business and
industry thereby provided;
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6.
Promote the use of Resources for the education, pleasure, and welfare of
the people of the City;
7.
Provide a review process for the continued preservation and appropriate,
compatible and sensitive development of new construction and additions within
the city’s historic districts and neighborhoods;
8.
Protect and enhance the scale, character and stability of existing
neighborhoods, and protect against destruction of or encroachment upon areas
which contribute to the character of the City;
9.
Facilitate the creation of a convenient, harmonious and attractive
community, and protect the architectural beauty, special architectural features,
and special landscape features of the City;
10.
Avoid demolition, or other adverse effect on historic properties
(Properties) and Districts, which would cause an irreparable loss to the City;
11.
Assist neighborhoods to achieve a positive neighborhood identity and
sense of place.
In addition, these provisions are designed to implement, be consistent with, and
assist in the achievement of the goals, objectives and policies, as specifically
required by the City’s Comprehensive Plan, with respect to historic, conservation,
and neighborhood Resources.
B. Terms and Definitions.
See Chapter 1, Article II for all applicable terms and
definitions which pertain to the historic preservation regulations and standards contained
herein.
C. Designation of Historic Properties and Districts.
1. Guidelines for Historic Designation.
To qualify as a Property or a
District, individual properties must have significance in American history,
architecture, archaeology, engineering or culture and possess integrity of location,
design, setting, materials, workmanship, and association. For Districts, eligibility
is based on the establishment of historic contexts or themes which describe the
historical relationship of the Properties within the district. Individual Buildings
shall normally be at least 50 years old and, in the case of a District, at least 50%
of the Buildings shall normally be at least fifty years old. and / or Buildings shall
also be significant in one or more of the following areas:
a.
Association with events that have made a significant contribution
to the broad patterns of the City’s history;
b.
Association with the lives of persons significant in the City’s past;
c.
Embodies the distinctive characteristics of a type, period or method
of construction, or represents the work of a master, or possesses high
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artistic values, or represents a significant and distinguishable entity whose
components may lack individual distinction; or
d.
Has yielded, or may be likely to yield, information important in
prehistory or history; or
e.
Is listed in the National Register of Historic Places.
2. Criteria Considerations.
Ordinarily cemeteries, birthplaces, graves of
historical figures, properties owned by religious institutions or used for religious
purposes, structures that have been moved from their original locations,
reconstructed historic buildings, properties primarily commemorative in nature,
and properties that have achieved significance within the past 50 years shall not
be considered eligible for the Boynton Beach Register of Historic Places.
However, such properties will qualify if they are integral parts of districts that do
meet the criteria or if they fall within the following categories:
a. A religious property deriving primary significance from architectural or
artistic distinction or historical importance; or
b. A building or structure removed from its original location but which is
primarily significant for architectural value, or which is the surviving
structure most importantly associated with a historic person or event; or
c. A birthplace or grave of a historical figure of outstanding importance if
there is no appropriate site or building associated with his or her
productive life; or
d. A cemetery that derives its primary importance from graves of persons
of transcendent importance, from age, from distinctive design features, or
from association with historic events; or
e. A reconstructed building when accurately executed in a suitable
environment and presented in a dignified manner as part of a restoration
master plan, and when no other building or structure with the same
association has survived; or
f. A property primarily commemorative in intent if design, age, tradition,
or symbolic value has invested it with its own exceptional significance; or
g. A property achieving significance within the past 50 years if it is of
exceptional importance.
3. Procedures.
a. Eligible Applicants.
Applications for historic designation may be
initiated by only the following:
(1) Historic Resources Preservation Board, herein referred to
as “Board” (see Chapter 1, Article VII, Section 4).
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(2) City Commission.
(3) A property owner for designation of a Site.
(4) A simple majority of property owners within the proposed
District under consideration for designation.
Only the Board or the City Commission may initiate designation of
a property or district owned by the City, County, State or by an
entity created by state law. For District designations, each
Property shall be allotted one vote. The identity of the property
owners shall be determined by the most current Palm Beach
County Property Tax Rolls.
b. Application Form.
Nominations for historic designations shall
be made only on application forms approved by the Board.
c. Board Agenda.
Following staff determination that an
application for designation is complete; the application shall be scheduled
for a public hearing by the Board.
d. Board Public Hearing Notice.
The Board shall advertise and
hold a public hearing in accordance with the following public noticing
requirements. Section 166.041, Florida Statutes.
Notice of the time, place and subject matter of the hearing shall be
published in a newspaper of general circulation in the City, mailed to the
applicant and mailed to any owner of real property within 400 feet of the
property or district subject to potential designation, at least 30 10 calendar
days prior to the date set for the public hearing.
For the proposed designation of an individual site, one (1) sign for each
street frontage of the property shall be posted in a prominent location no
less than 10 calendar days prior to the hearing. In the case of a proposed
historic district, signs will be placed in prominent locations along public
streets at the outer boundaries of the proposed district in such a manner as
will assure that the signs will be seen by as many affected property owners
as possible. Signs shall be legible from a distance of 100 feet and shall
contain a description of the approval being sought, the date, time and
location of the hearing, and a statement that the application being
considered is available for inspection in the Development Department of
the City of Boynton Beach. Minimum sign size shall be 24” wide by 18”
high.
e. No Action Permitted During Pendency.
During the period that
a designation application is pending, no changes to the property or district
shall be made unless first approved by the Board. The application is
considered “pending” until the final decision on the designation is made
by the City Commission.
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f. Board Recommendations.
The Board shall make a
recommendation as to the proposed designation at the public hearing,
based on findings of fact which support the recommendation. The Board’s
recommendation shall be reduced to writing within 15 working days after
the hearing date. If the Board votes to recommend approval, it will
forward the application with recommendations to the City Commission. If
the Board recommends denial, no further action is required unless an
applicant, or not less than two-thirds of the affected property owners (in
the case of a District), appeals to the City Commission. In such event the
City Commission may reconsider designation or require the Board to do
so.
g. City Commission Decision.
Following the Board hearing, a
designation application with a Board recommendation for approval shall
be scheduled for hearing by the City Commission. The City Commission
may approve or deny the designation application. Alternatively, the City
Commission may approve the designation with conditions or delay
designation for up to one (1) year. The City commission shall make
written findings of fact on which its decision is based.
h. Boynton Beach Register of Historic Places.
A Resource
designated by the City Commission as historic shall be listed in the
Boynton Beach Register of Historic Places. The Register shall be updated
periodically and the inventory material will be open to the public.
Inventory materials shall be compatible with the Florida Master Site File
and duplicates of all inventory materials will be provided to the State
Historic Preservation Office. Resources listed in, or eligible for listing in
the National Register or on the Boynton Beach Register of Historic Places,
either as a Property or as a Contributing Property within a District, may be
entitled to modified enforcement of the City’s applicable building and
zoning codes, if in accord with the Design Guidelines Handbook.
i. Designation Recorded.
The historic designation ordinance
shall be recorded in the Official Records of Palm Beach County.
Boundaries for historic districts and individual properties identified in the
ordinance shall be clearly established. The designation shall be noted in
the official records of the City’s Planning & Zoning and Building
Departments to ensure that all City actions taken in connection with the
subject property or district are taken subject to the designation.
j. Historic District Street Signs.
For Districts, the City shall
erect standardized street signs identifying the District within two (2) years
from the date of such designation, subject to economic feasibility. The
design shall be first approved by the Board.
4. Removal of Designation.
A designation may be removed by the City
Commission based upon the Board’s recommendation. Such recommendation
shall be based upon new and compelling evidence and evaluation of work or
natural cause producing an adverse effect to a Property or District. The same
guidelines and the same procedures established for designation shall be
considered for a removal of designation.
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5. Designation of County, State or Other Political Subdivision
Properties.
County, state or political subdivision entity-owned Properties may
be designated as a Property or District if such designation is not prohibited or
preempted by law, or otherwise provided for in the Intergovernmental
Coordination Element of the Comprehensive Plan. In the absence of prohibition,
preemption, or other agreement, such other government may only avoid
designation of its Property by bearing the burden of proof that public interests, on
balance, are best served by avoiding such designation. Such determination shall
be established by the process as set forth in this ordinance. Once designated,
unless reversed upon appeal, such designated Property or District shall comply
with and be regulated by all regulations contained in this ordinance.
6. Maintenance and Repair of Designated Properties; Demolition by
Neglect Prohibited.
a. Ordinary Maintenance or Repair.
Nothing in this chapter shall
be construed to prevent the ordinary maintenance or repair of any exterior
elements of any building or structure that does not involve a change of
design, appearance or material, and which does not require a building
permit.
b. Affirmative Maintenance Required.
The owner of a
property designated pursuant to this chapter either individually or as a
contributing part of a district or zone shall comply with all applicable
codes, laws and regulations governing the maintenance of property. It is
the intent of this section to preserve from deliberate or inadvertent neglect
the exterior features of such properties and the interior portions thereof
when maintenance is necessary to prevent deterioration and decay of the
property. All such properties shall be preserved against decay and
deterioration and shall be free from structural defects through prompt
corrections of any of the following defects:
(1) Facades that fall and injure the subject property, adjoining
property or members of the public;
(2) Deteriorated or inadequate foundations, defective or
deteriorated flooring or floor supports, deteriorated walls or other
vertical structural supports;
(3) Members of ceilings, roofs, ceiling and roof supports or
other structural members that may rot, sag, split or buckle due to
defective material or deterioration;
(4) Deteriorated or ineffective waterproofing of exterior walls,
roofs, foundations or floors, including broken, unsecured or
missing windows or doors.
(5) Any fault or defect in the property that renders it
structurally unsafe, insufficiently protected from weathering, or not
properly watertight.
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7. Nominations to the National Register of Historic Places.
As part
of the duties under the Certified Local Government program, the Historic
Resources Preservation Board shall receive all nominations of local property to
the National Register of Historic Places following the regulations of the State
Historic Preservation Office.
a.
Appropriate local officials, owners of record, and applicants shall
be given a minimum of thirty calendar days and not more than seventy-
five calendar days prior notice to Historic Resources Preservation Board
meetings in which to comment on or object to the listing of a property in
the National Register.
b.
Objections to being listed in the National Register by property
owners must be notarized and filed with the State Historic Preservation
Officer. Within thirty (30) days after its meeting the Board shall forward
to the State Historic Preservation Officer its action on the nomination and
the recommendations of the local officials. Appropriate local officials, the
owner and the applicant shall be notified of the board's action.
c.
The State Historic Preservation Officer will take further steps on
the nomination in accordance with federal and state regulations. If either
the Board or the local officials or both support the nomination, the State
Historic Preservation Officer will schedule the nomination for
consideration by the state review board for the National Register at its next
regular meeting. If both the Board and the local officials recommend that a
property not be nominated to the National Register, the State Historic
Preservation Officer will take no further action on the nomination unless
an appeal is filed with the State Historic Preservation Officer.
8. Designated Historic Sites
The following Historic Sites have been
established:
a. National Register
Boynton Woman’s Club
(1), 1010 South Federal Highway,
located on Lots 4, 5, 6, and 7 less the West 35 feet thereof,
Parker Estate, according to the plat thereof recorded in Plat
Book 10, Page 37 of the Public records of Palm Beach
County, Florida. (Published 4/26/1979).
Boynton School
(2), 141 East Ocean Avenue, located on Lot
3, Block 4 of Sawyer’s Addition, City of Boynton Beach,
Florida. (Published 3/7/1994).
D. Certificate of Appropriateness.
The Board or staff shall review actions
affecting the exterior of Properties and all Resources, including non-contributing
Properties, within Districts.
1. Board Approval Required.
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a. Board Approval.
Utilizing the Design Guidelines Handbook,
the Board reviews applications for Certificates of Appropriateness for
alterations, new construction, demolitions, relocations, and Certificates of
Economic Hardship affecting proposed or designated Properties or
Properties within Districts.
b. Delegation of Review Authority.
The Board may delegate to
staff the authority to administratively review and grant a Certificate of
Appropriateness without formal action by the Board. This delegation of
review shall be depicted in a “Historic Resources Preservation Board
Certificate of Appropriateness Approval Matrix” (the “Matrix”). The
Matrix will contain a list of design features, such as roofing materials,
window types, shutter types, etc. The Matrix will indicate whether such
features may be administratively reviewed or if Board review is required.
The Board shall approve or amend the “Historic Resources Preservation
Board Certificate of Appropriateness Approval Matrix” as needed. This
delegation of review may also be returned to the Board at its discretion. In
conducting its reviews, staff will utilize the Design Guidelines Handbook
as one analytical tool in evaluating any applications.
If staff does not grant administrative approval of an application, the
application will may be referred to the Board for review. Any applicant
may request referral to the Board rather than administrative review. An
application referred by staff or an applicant will be considered in
accordance with the application review schedule contained in Section
2(B)b below.
2. Application Procedure, Fees and Review.
a. Application and Fees.
Requests for Certificates of
Appropriateness shall be made only on application forms approved by the
Board. Submittal of the application must be made with the appropriate site
plans, drawings, photographs, descriptions, and other documentation
needed to provide staff and the Board with a clear understanding of the
proposed action. Application fees and other applicable charges shall be
established by resolution adopted by the City Commission.
b. Completeness Review and Board Agenda.
Staff shall review all
applications for Certificates of Appropriateness to determine whether an
application is complete. If the application is incomplete, staff will notify
the applicant of what additional information is necessary. An application
will not be reviewed until staff determines that it is complete.
All Certificate of Appropriateness applications eligible for administrative
review will be reviewed in a timely manner and a written decision sent to
the applicant. All Certificate of Appropriateness applications requiring
Board review will be scheduled for hearing by the Board at the first
available meeting approximately six weeks after receipt of the completed
application. The meeting shall be publicly announced and will have a
previously advertised agenda. The Board may suspend action on the
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application for a period not to exceed thirty days in order to seek technical
advice from outside its members or to meet further with the applicant to
revise or modify the application. Notice of time, place and subject matter
of the hearing shall be published in a newspaper of general circulation in
the City not less than 10 days before the meeting. A sign stating that an
application will be considered by the Board shall be posted by the
applicant at the Property not less than 10 days before the meeting.
c. Secretary of the Interior’s Standards for Rehabilitation.
In
reviewing an application, the Secretary of the Interior’s Standards for
Rehabilitation (as may be amended from time to time) shall be applied.
The current version is as follows:
(1) A Property shall be used for its historic purpose or be
placed in a new use that requires minimal change to the defining
characteristics of the Building and its site and environment.
(2) The historic character of a Property shall be retained and
preserved. The removal of historic materials or alteration of
features and spaces that characterize a Property shall be avoided.
(3) Each Property shall be recognized as a physical record of
its time, place, and use. Changes that create a false sense of
historical development, such as adding conjectural features or
architectural elements from other buildings, shall not be
undertaken.
(4) Most Properties change over time; those changes that have
acquired historic significance in their own right shall be retained
and preserved.
(5) Distinctive features, finishes, and construction techniques
or examples of craftsmanship that characterize a historic property
shall be preserved.
(6) Deteriorated historic features shall be repaired rather than
replaced. Where the severity of deterioration requires replacement
of a distinctive feature, the new feature shall match the old in
design, color, texture, and other visual qualities and, where
possible, materials. Replacement of missing features shall be
substantiated by documentary, physical, or pictorial evidence.
(7) Chemical or physical treatments, such as sandblasting, that
cause damage to historic materials shall not be used. The surface
cleaning of buildings or Structures, if appropriate, shall be
undertaken using the gentlest means possible.
(8) Significant archaeological resources affected by a project
shall be protected and preserved. If such resources must be
disturbed, mitigation measures shall be undertaken.
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(9) New additions, exterior Alterations, or related new
construction shall not destroy historic materials that characterize
the Property. The new work shall be differentiated from the old
and shall be compatible with the massing, size, scale, and
architectural features to protect the historic integrity of the
Property and its environment.
(10) New additions and adjacent or related new construction
shall be undertaken in such a manner that if removed in the future,
the essential form and integrity of the historic Property and its
environment would be unimpaired.
d. Additional Criteria.
The above Standards for Rehabilitation shall
be supplemented by the following criteria specific to certain types of
requests:
(1) New Construction and Alterations. The following design
elements and features should be visually compatible with
Resources in the Surrounding Buildings. When the building is
situated within a Historic District, the term Surrounding Buildings,
as utilized in item a. through item i. below, shall be expanded to
include those Contributing Properties within the entire District.
All new construction and Alterations to existing buildings within a
designated historic district or on an individually designated
property shall be visually compatible, and meet the following
guidelines.
(a) Setting, Orientation and Setbacks. The Building
should be situated approximately the same distance from
the street as adjacent Buildings, to create a continuous
street edge. The orientation of the Building should be
visually compatible consistent with that of the existing
buildings in the Historic District. Surrounding Buildings.
The Setting should be designed with the overall
environment in mind. It should take into account the
compatibility of landscaping, parking, service areas,
walkways, and accessory structures.
(b) Building Height. The height of the Building at
street level should be visually compatible in comparison or
relation to with the height of the existing contributing
buildings in the Historic District. Surrounding Buildings.
(c) Design Styles. New Buildings should take their
design cues from the prevailing architectural styles within
the Historic District. Surrounding Buildings. Traditional or
contemporary design standards and elements should relate
to the existing styles. Surrounding Buildings.
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(d) Proportion of Openings. The openings of any
building within a Historic District should be visually
compatible with the openings in existing contributing
buildings within the Historic District. The relationship of
the width of windows and doors to the height of windows
and doors should be visually compatible with the existing
contributing buildings within the Historic District.
Surrounding Buildings.
(e) Rhythm of Solids to Voids. The relationship
between solids (walls) and voids (windows and doors) of a
Building should be visually compatible with existing
contributing buildings within the Historic District. the
Surrounding Buildings.
(f) Rhythm of Spacing along the Street. The
relationship of Buildings to the open space between them
should be compatible with the other Buildings on each side
of the street in that block.
(g) Relationship of Materials and Textures. The
materials and textures of a Building should be chosen with
the predominant materials of the Historic District in mind.
Simplicity in such use is preferable.
(h) Roof Shapes. The roof shape of a Building is a
major distinguishing feature. The roof shape of a new
Building should be compatible with the roof shape of
existing contributing buildings within the those of the
Buildings in the Historic District. The roof shape shall be
consistent with the architectural style of the Building.
(i) Size, Scale, Bulk, Mass and Volume. The physical
size, scale, bulk, mass and volume should be compatible
with the existing contributing buildings within the Historic
District Surrounding Buildings without overwhelming
them.
(2)Additions. All additions to historic structures or structures
within a Historic District shall meet the following
guidelines.
(a) Locate an addition to the rear or least visible sides
of historic structures. Locating an addition on the front
elevation should be avoided.
(b) Minimize the loss of historic materials from the
historic structure and protect character-defining features.
(c) Design the addition to be compatible in terms of
massing, size, scale, relationship of solids to voids, and
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architectural features. An addition should be subordinate to
the historic building.
(d) Differentiate the addition from the historic
structure.
(e) If permitted, rooftop additions should generally be
limited to one story in height, should be set back from the
wall plane and should be as inconspicuous as possible.
(f) Continue the design elements on all elevations of
the new construction, not only those elevations that can be
viewed from the street.
(g) Design and construct the addition so that, if
removed in the future, the essential form and integrity of
the historic structure will be unimpaired.
(h) Limit the size and number of openings between the
old and new building by utilizing existing doors or by
enlarging existing windows.
(3) Demolition. All demolitions of historic structures or
structures within a Historic District shall comply with the
following:
(a) Simultaneous certificates required. No Building
or Structure on a Property or located within a District shall
be demolished without first receiving a Certificate of
Appropriateness for new construction. The applications for
demolition and new construction shall be reviewed by the
Board simultaneously. The requirement of a Certificate of
Appropriateness for new construction may be waived by
the Board upon a good cause showing that such
requirement would be unduly harsh or would result in a
substantial hardship to the Property owner.
A showing of good cause may include, but is not limited to,
evidence that the Property owner is unable to comply with
the requirement for simultaneous new construction due to
advanced age, infirmity, physical or other debilitating
handicap, or financial hardship.
If an application for a Certificate of Appropriateness for
Demolition is approved, the owner shall, at his/her expense,
fully record the building prior to Demolition. At a
minimum, the owner shall provide an architectural
description, floor plan with interior and exterior
dimensions, interior and exterior photographs, and any
other information requested by the Board. Said record shall
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be deposited in the local archives, where it will be made
available to the public.
Upon approval by the Board of a Certificate of
Appropriateness for Demolition, the demolition permit
shall not be issued until all demolition and new
construction plans for the Property have received all other
required governmental approvals.
The existence of one or more of the following conditions
may be the basis for denial of a demolition application:
(i) The Resource contributes significantly to the
historic character of a designated Property or
District.
(ii) The Resource is listed on the National
Register.
(iii) The Resource is one of the last remaining
examples of its kind in the neighborhood or City.
(iv) The Resource is capable of being repaired
and reused in a practical and feasible manner.
(v) Retention of the Resource would promote
the general welfare of the City by providing an
opportunity to study local history, architecture and
design, or by developing an understanding of the
importance and value of a particular culture or
heritage.
(vi) Granting a Certificate of Appropriateness
for the Demolition would result in an irreparable
loss to the City of a significant Resource.
(vii) The plans for the simultaneous new
construction (if the Demolition is granted) are not
compatible with the Property or District.
(b) Demolition Delay Period. The Board may grant
a Certificate of Appropriateness for Demolition which may
contain a delayed effective date. The effective date will be
determined by the Board based on the relative significance
of the Resource and the probable time required to arrange a
possible alternative to demolition. The Board may delay
demolition for up to three (3) months. During the
demolition delay period, the Board may take such steps as
it deems necessary to preserve the Resource. Such steps
may include, but are not limited to: consultations with
community groups, public agencies and interested citizens;
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recommendations for acquisition of the Property by public
or private bodies, or agencies; an exploration of the
possibility of moving the Resource.
(c) Salvage and Preservation of Specific Features.
The City Commission upon recommendation by
Tthe Board may require the Property owner, at City
expense, to salvage and preserve specified classes of
building materials, architectural details, ornaments, fixtures
and the like.
(d) Authority to Initiate Designation. If an
undesignated property warrants it and it is otherwise
authorized under this ordinance, staff may initiate, or
recommend that the Board initiate, the designation
application and review process. Staff may further request
that the Board require that the issuance of a demolition
permit be stayed pending the Board’s review of the
application and the City Commission’s decision to
designate or deny designation of the property. However, the
maximum period during which the issuance of a demolition
permit may be stayed pursuant to this paragraph is one
hundred twenty (120) days, unless extended by the City
Commission.
(4) Relocation. The existence of one or more of the
following conditions may be the basis for denial of a relocation
application:
(a) The historic character or aesthetic interest of the
Resource contributes to its present setting in such a manner
that relocation would result in a substantial loss to the
setting or District.
(b) There are no definite plans for the area to be
vacated.
(c) There are definite plans for the area to be vacated
that may adversely affect the character of the District.
(d) The Resource cannot be moved without significant
damage to its physical integrity.
(e) The proposed relocation area is not compatible with
the historic, cultural, and architectural character of the
Resource.
(f) Little or no effort has been made to consider
relocation within the same District or within another
District with compatible historic, aesthetic, cultural, or
design qualities with the relocated Resource.
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e. Decisions.
Decisions regarding application for Certificates of
Appropriateness shall be based on the application, the application’s
compliance with this Ordinance, and the evidence and testimony presented
in connection with the application.
In reviewing an application, staff and the Board shall be aware of the
importance of finding a way to meet the current needs of the property
owner. The Staff and the Board shall also recognize the importance of
recommending approval of plans that will be reasonable for the property
owner to carry out. Any conditions or requirements imposed shall be
reasonably related to the Certificate of Appropriateness sought by the
applicant.
f. Notice of Decision on Application.
Staff shall notify the
applicant in writing of any decision on the application within five (5)
working days from the date of the decision.
g. Changes in Approved Work.
Any change in the proposed
work following the issuance of a Certificate of Appropriateness shall be
reviewed by staff. If the proposed change does not materially affect the
historic character or the proposed change is in accordance with the
Board’s decision, staff may administratively approve the change. If the
proposed change is not in accordance with the Board’s decision, a new
Certificate of Appropriateness application for such change must be
submitted for review.
E. Certificate of Economic Hardship.
Prior to taking an appeal of a decision to the
Board City Commission on an application for Certificate of Appropriateness, an applicant
may file an application for a Certificate of Economic Hardship.
1. Application and Procedures.
a. Application.
A Certificate of Economic Hardship application
must be submitted within 30 days of the date of the hearing at which the
Board’s decision on the application is announced.
b. Board Agenda and Notice.
The Board shall schedule a public
hearing within 60 working days from the receipt of the application and
shall provide notice of such hearing in the same manner as for the
Certificate of Appropriateness application.
c. Negotiations Prior to Certificate of Economic Hardship
Hearing.
During the period between receipt of the Certificate of
Economic Hardship application and the Board’s public hearing, the
applicant shall discuss the proposed action with staff, other City officials
and local preservation organizations to consider alternatives that will
avoid an economic hardship and have the least adverse effect to the
Property and/or the District. Staff may request information from various
City departments and other agencies in order to negotiate an alternative
resolution that is in the best interest of the applicant and the City. If
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negotiations are successful, staff shall make written recommendations to
the Board regarding such alternatives.
d. Determination of Economic Hardship.
The applicant has the
burden of proving by competent substantial evidence that the Board’s
decision regarding the Certificate of Appropriateness application has
caused or will cause an unreasonable economic hardship. To determine
economic hardship, the Board may request the following:
(1)Proposed construction, alteration, demolition and removal
costs;
(2)structural and condition reports from a licensed
professional with experience in assessing historic buildings;
(3)estimates as to the economic feasibility of rehabilitation or
reuse;
(4) the purchase price of the property, recent appraisals,
assessments, and real estate taxes;
(5)details of any income obtained from the property and cash
flows;
(6) the status of any leases or rentals; and,
(7)all other information considered necessary by the Board to
determine whether the property does or may yield a
reasonable return to the owner.
The effect of denial of the application for Certificate of Economic
Hardship is that the decision regarding the Certificate of Appropriateness
is upheld. If the application for Certificate of Economic Hardship is
granted, the Board may issue the Certificate of Economic Hardship
without conditions. Alternatively, the Board may issue the Certificate with
conditions that will avoid the economic hardship and have the least
adverse effect to the Property and the District.
Such conditions may include, but are not limited to: ad valorem tax relief,
loans or grants, requiring the owner to market and offer the Property for
sale for a fair market price with appropriate preservation protections for a
period of time not to exceed six (6) months, acquisition by a third party for
a fair market value, Building and Zoning Code modifications, relaxation
of the provisions of this ordinance, recommendation by the City Manager
some or all of the applicable Board fees be waived, or such other relief as
appropriate.
F. Appeal of Certificate of Appropriateness and Certificate of Economic
Hardship Decisions.
Any applicant may appeal a decision of the Board to the City
Commission regarding an application for Certificate of Appropriateness and/or an
application for Certificate of Economic Hardship. The applicant shall file a written
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notice of the appeal with staff within 30 days of the date of the hearing at which the
Board’s decision on the application is announced. The City Commission shall place the
matter on the Commission’s agenda within 45 working days from the date of the written
notice of appeal. The meeting at which the appeal is placed on the agenda shall be no
later than 60 working days from the date of the written notice of appeal.
Consideration of the appeal by the City Commission shall be de novo review. The City
Commission shall be required to apply the applicable standards and criteria set forth in
this ordinance.
A decision of the City Commission may be appealed to a court of competent jurisdiction
within thirty (30) days after the hearing at which the decision is announced.
G. Enforcement and Penalties.
The City or any other legal authority shall enforce
any violation of this article pursuant to the penalty provisions contained in Chapter 1,
Article I, Section 7 of these Land Development Regulations.
H. Miscellaneous.
1. Historic Preservation Property Tax Exemption Program.
The
granting of tax exemptions to owners who make improvements to Historic
Properties was authorized by an amendment to the Florida Constitution and
codified in Section 196.1997 and 196.1998 Florida Statute (1992). The ad
valorem tax exemption program was established by Palm Beach County in 1995
(Ordinance 95-41), and may be implemented in the City through an interlocal
agreement with the County and a local Tax Abatement Exemption ordinance.
The Tax Abatement Exemption Ordinance authorizes granting exemptions from
increases to ad valorem taxes for qualified improvements to Properties listed in
the Boynton Beach Register of Historic Places and the National Register of
Historic Places qualifying properties.
Exemptions for Historic Properties are intended for the physical improvements
necessary to Restore or Rehabilitate the Historic Resource, which may include
additions, Alterations and new construction. The improvements must comply with
the Secretary of the Interior’s Standards for Rehabilitation.
The City and County will process the application following mutually established
procedures through both the City and County Commissions. This program will
provide an exemption from tax increases on the improvements to the Property for
up to a ten (10) year period. The exemption is conveyed through a covenant that
accompanies the deed of the Property and may be transferred to future owners
during the abatement period.
1A. Tax Exemption for Historic Properties
a. Definitions.
(1) Alteration. Any construction or change of the exterior of a
building, site, or structure designated as a site or site within a
district. For buildings, sites, or structures, alteration shall include,
but is not limited to the changing of roofing or siding materials;
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changing, eliminating, or adding doors, moldings, fretwork, door
frames, windows, window frames, shutters, fences, railings,
porches, balconies, signs, or other ornamentation; regrading; fill;
imploding or other use of dynamite. Alteration shall not include
ordinary repair or maintenance, or changing of paint color.
(2) Noncontributing Property. A building, site, structure, or
object which does not add to the historic architectural qualities,
historic associations, or archaeological values for which a district
is significant because 1) it was not present during the period of
significance; 2) due to alterations, disturbances, additions, or other
changes, it no longer possess historic integrity reflecting its
character at that time or is incapable of yielding important
information about the period; or 3) it does not independently meet
the National Register of Historic Places criteria for evaluation.
(3) Notice. To an Interested Party, notice shall be by U.S. Mail
and deemed given as of the date of mailing. For all other persons,
notice shall be by publication.
b. Tax Exemption for Historic Properties.
(1) The City Commission hereby creates a tax exemption for
the restoration, renovation or rehabilitation of qualifying historic
properties designated herein. Qualifying property shall be exempt
from that portion of ad valorem taxation levied by the City on one
hundred percent (100%) of the increase in assessed value resulting
from any renovation, restoration or rehabilitation of the qualifying
property made on or after the effective date of this ordinance.
(2) The above exemption does not apply to:
(a) Taxes levied for payment of bonds;
(b) Taxes authorized by a vote of the electors pursuant
to section 9(b) or section 12, Article VII, of the Florida
Constitution; or
(c) Personal property.
c. Qualifying Properties and Improvements.
(1) The following real property in the City is qualifying
property for the purposes of this subsection if at the time the
exemption is approved by the City Commission, the property:
(a) Is individually listed in the National Register of
Historic Places pursuant to the National Historic
Preservation Act of 1966, as amended; or
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(b) Is a contributing property to a national register-
listed district; or
(c) Is designated as a historic property, or as a
contributing property to a historic district, under the terms
of the City's historic preservation ordinance; and
(d) Has been certified by the Board as satisfying
subparagraphs (1)(a), (1)(b), or (1)(c) above.
The exemption does not apply to improvements made to non-
contributing principal buildings or non-contributing accessory
structures.
(2) For an improvement to a historic property to qualify the
property for an exemption, the improvement must:
(a) Be consistent with the United States Secretary of
Interior's Standards for Rehabilitation, as amended,
(b) Be determined by the Board to meet criteria
established in rules adopted by the Department of State,
Division of Historical Resources, FAC lA-38, as amended,
and
(c) Be consistent with any ordinance of the city
designating the property as historic or designating the
historic district in which the property is located.
d. Evaluation of Property Used for Government or Nonprofit
Purpose.
Pursuant to Title XIV, Chapter 196.1998, Florida Statutes,
which allows for exemption from ad valorem taxation of up to one
hundred percent (100%) of the assessed value of the property as improved,
a property is being used for government or nonprofit purposes if the sole
occupant of at least sixty-five percent (65%) of the useable space is an
agency of the federal, state or a local government unit or a nonprofit
organization certified by the Department of State under Chapter 617.013,
Florida Statutes. As for being “regularly and frequently open” for public
access, the property shall be open to the public not less than twelve (12)
days per year on an equitably spaced basis, and at other times by
appointment. Nothing herein shall prohibit the owner from charging a
reasonable nondiscriminatory admission fee, comparable to fees charged
at similar facilities in the area.
e. Application for Exemption; Fees.
An applicant desiring an ad
valorem tax exemption for proposed improvements to a historic property
must file a request accompanied by its corresponding fee and all
documentation required by the application checklist. The request shall be
made on the two-part Historic Preservation Property Tax Exemption
Application, approved by the State of Florida, Division of Historical
Resources and promulgated in accordance with Rule 1A-38, Florida
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Administrative Code, and include additional information and
documentation of the cost of the qualifying improvement. Part 1 of the
application, the Preconstruction Application, shall be submitted before
qualifying improvements are initiated and Part 2, the Final Application/
Request for Review of Completed Work, shall be submitted to the City for
review upon completion of the qualifying improvements. The Final
Application/Request for Review of completed Work shall contain the
Historic Preservation Exemption Covenant as established by the
Department of State, Division of Historical Resources and applicable for
the term for which the exemption is granted.
f.Preconstruction Application.
The review process shall be
initiated with the submittal of a Preconstruction Application to the City.
The Preconstruction Application shall contain a copy of the application for
Certificate of Appropriateness, information on project cost, and a copy of
the most recent tax bill for the subject property from the Palm Beach
County Property Appraiser. Upon the receipt of the Preconstruction
Application by the City, the City shall conduct a review for eligibility in
accordance with the requirements stated herein.
g.Review of Preconstruction Application.
A review of the
Preconstruction Application shall be completed by the City in accordance
with the established schedule and process.
(1) Once the City determines that the work as proposed is a
qualifying improvement and is in compliance with the review
standards contained herein, the City shall approve the
Preconstruction Application and issue a written notice to the
applicant with a copy to the Board.
(2) If the City determines that the work as proposed is not a
qualifying improvement or is not in compliance with the review
standards contained herein, a written notice shall be provided to
the applicant, including recommendations concerning the changes
to the proposed work necessary to make it a qualifying
improvement and bring it into compliance with the review
standards.
h. Appeals to the Historic Resources Preservation Board.
(1) Within ten (10) days of receipt of notice that the City has
denied a Preconstruction Application, the applicant may file an
appeal of the denial to the Board. The appeal shall be filed on a
form prepared by the City and processed in accordance with the
public meeting and notification procedures required of the City’s
quasi-judicial hearing process, except that public notices need only
be mailed to owners of abutting properties.
(2) If the Board denies the appeal, the applicant may appeal the
action of the Board to the City Commission.
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i.Issuance of Other Permits or Approval.
If all or part of the
proposed improvements require a building permit or other necessary
approval of the City or any other governmental agency, the improvements
shall also be reviewed pursuant to any other applicable code provisions of
the City and require such corresponding approval. A Preconstruction
Application shall not be approved by the City and issued until such permit
or other approvals have been granted.
No certificate of occupancy or completion shall be issued by the City until
the Final Application has been approved by the City Commission and all
appeal proceedings have been completed.
j.Completion of Work.
An applicant must complete all work
within two (2) years following the date of approval of a Part 1,
Preconstruction Application by staff. A Preconstruction Application shall
be automatically revoked if the property owner has not submitted a Final
Application/Request for Review of Completed Work within two (2) years
following the date of approval of the Preconstruction Application.
The Board, upon the recommendation of the City, may extend the time for
completion of a substantial improvement in accordance with the
procedures of the City's Building Code.
k.Final Application and Request for Review of Completed Work.
(1) The Final Application/Request for Review of Completed
Work shall be accompanied by documentation of the total cost of
the qualifying improvements. Appropriate documentation may
include, but is not limited to paid contractor's bills, cancelled
checks, and an approved building permit application listing the
cost of work to be performed. Upon the receipt of a Final
Application/Request for Review of Completed Work and all
required supporting documents, the City shall inspect the
completed improvements to ensure compliance with the
Preconstruction Application, Certificate of Appropriateness, and
any approved amendments.
(2) If the City determines that the work is a qualifying
improvement and is in compliance with the review standards
contained herein, the Final Application/Request for Review of
Completed Work shall be approved and forwarded to the Board for
review, and written notice shall be provided to the applicant.
(3) If the City determines that the work as completed is not in
compliance with the Preconstruction Application or the established
timeframe as described in this section, the applicant shall be given
written explanation for such findings, including recommendations
concerning the changes to the proposed work necessary to make it
a qualifying improvement and bring it into compliance with the
review standards. The application will be forwarded to the Board
for review once the applicant makes the adequate changes
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necessary for compliance, or upon receiving notice from the
applicant that no further changes will be made to the project.
l.Recommendations to Historic Resources Preservation Board
and City Commission.
On completion of the review of' a Final
Application/Request for Review of Completed Work, the City shall
present such Final Application in a regularly scheduled meeting of the
Board and recommend that such Board grant or deny the exemption. The
recommendation and explanation shall be provided in writing to the
applicant and Board for consideration at a public meeting. The
application, along with a recommendation of approval or denial shall
subsequently be forwarded by the Board to the City Commission for final
consideration.
m. Approval by the City Commission.
Upon approval of a
Final Application/Request for Review of Completed Work by the Board,
the Final Application shall be placed by resolution on the agenda of the
City Commission for approval. The resolution to approve the Final
Application shall indicate the property owner, property address and legal
description, time period that exemption will remain in effect and
expiration date, and shall require the owner to record the restrictive
covenant in the Official Record Book of Palm Beach County. The
applicant shall provide the City with two (2) certified copies of the
recorded covenant.
n.Notice of Approval to the Property Appraiser.
The City shall
transmit the following certified copies to the Palm Beach County Property
Appraiser: 1) recorded restrictive covenant; 2) approved Final
Application/Request for Review of Completed Work; and 3) the resolution
of the City Commission approving the Final Application and authorizing
the tax exemption.
o. Effective Date and Duration of Tax Exemption.
When the City
Commission approves a historic preservation tax exemption, the covenant
shall be in effect for ten (10) years; however, the City Commission has the
discretion to approve a shorter time frame if petitioned by the property
owner. The effective date of the exemption shall be January 1 of the
following year from when the covenant and resolution are recorded with
the Palm Beach County Clerk of the Court.
p.Property Maintenance, Penalty, and Revocation.
The character
of the property and qualifying improvements are to be maintained during
the period that the exemption is granted. Such covenant shall be binding
on the current property owner, transferees, and their heirs, assigns and
successors. A violation of the covenant shall result in the revocation of
the granted tax exemption, and the property owner being subject to the
payment of taxes that would have been owed had the exemption not been
initially granted (see subparagraph (2) below). The revocation process
shall occur as follows:
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(1) Revocation Proceedings.
(a) Staff or the Board may initiate proceedings to
revoke the ad valorem tax exemption provided herein, in
the event the applicant, or subsequent owner or successors
in interest to the property, fails to maintain the property
according to the terms and conditions of the covenant;
(b) The Board shall provide notice to the current owner
of record of the property and hold a revocation public
hearing, and make a recommendation to the City
Commission;
(c) The City Commission shall review the
recommendation of the Board and make a determination as
to whether the tax exemption shall be revoked. Should the
City Commission determine that the tax exemption shall be
revoked, a written resolution revoking the exemption and
notice of penalties as provided herein shall be provided to
the owner, the Palm Beach County Property Appraiser and
filed in the official records of Palm Beach County;
(d) Upon receipt of the resolution revoking the tax
exemption, the Palm Beach County Property Appraiser
shall discontinue the tax exemption on the property as of
January 1 of the year following receipt of the notice of
revocation; and
(2) Notice of Penalties. The resolution revoking the tax
exemption shall include a statement that a penalty equal to the total
amount of taxes that would have been due in March of each of the
previous years in which the tax exemption and covenant were in
effect had the property not received the exemption, less the amount
of taxes actually paid in those years, plus interest on the difference
calculated as provided in Section 212.12, Florida Statutes shall be
imposed by the Palm Beach County Tax Collector for violation of
the terms, conditions and standards of the Historic Preservation
Exemption Covenant.
q.Annual Report.
The City shall prepare an annual report to
the City Commission regarding the tax exemption proposed in this article.
The report shall be filed in January of each calendar year, and shall
summarize the activities of the City and Board related to this article during
the previous calendar year. The information shall include, but not be
limited to, a list of the properties for which a Part 1, Preconstruction
Application, and Part 2, Final Application/Request for Review of
Completed Work were made during the preceding year; an explanation of
the disposition of each application; the expenditures on each approved
qualifying improvement during the calendar year; the total number of
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properties currently participating in the program provided within this
article; and any other information requested by the City Commission.
2. Certified Local Government Review.
The City Commission is a
Certified Local Government (CLG) approved by the Florida Department of State,
Division of Historical Resources. The City Commission as a CLG is required to
participate in the Florida National Register of Historic Places nomination process,
be involved in the Section 106 process, and is eligible to receive grants from the
Certified Local Government Section of the Florida Department of State,
Historical Resources Grants-In-Aid program.
3. Unsafe Buildings and Structures.
Should the Building Official
determine that a Historic Property or a Property within a Historic District is
unsafe, the Planning and Zoning staff and Historic Resources Preservation Board
shall be notified of such findings. Where reasonably feasible, within applicable
laws and regulation, the Building Official shall endeavor to have the Resource
repaired rather than demolished and shall take into account any comments and
recommendation by the Board. The Board may take appropriate actions to Effect
and accomplish the preservation of the Resource, including, but not limited to,
negotiations with the owner and other Interested Parties, provided that such
actions do not interfere with the Florida Building Codes.
In the case where the Building Official determines that there are emergency
conditions dangerous to the life, health or property affecting a Historic Property
or a Property within a Historic District, and timely Demolition is the only course
of action, the Building Official may order the Demolition and notify the Planning
and Zoning Division of the impending action. In this instance, a Certificate of
Appropriateness will not be required and the Historic Resources Preservation
Board will promptly be notified of the action being taken.
4. Waiver of Technical Requirements.
The provisions of the
technical codes relating to the construction, alteration, repair, enlargement,
restoration or moving of Buildings may not be mandatory for those Resources
listed in the Boynton Beach Register of Historic Places and the National Register
of Historic Places, when evaluated by a Florida registered architect or engineer
and satisfactorily demonstrated to the Building Official to be safe and in the
public interest of health, safety and welfare.
Resources or portions thereof that do not strictly comply with the Florida Building
Code may be considered to be in compliance, if it can be shown to the satisfaction
of the Building Official that equivalent protection has been provided or that no
hazard will be created or continued through noncompliance. (Life safety and
property conservation shall be provided in accordance with Chapter 11, Sections
1105 and 1106 of the 2007 Florida Building Code, or as subsequently amended).
Alterations to Resources listed in the Boynton Beach Register of Historic Places
and the National Register of Historic Places may receive exemption from
accessibility requirements. (Pursuant to Chapter 11, Section 11-4.1.7 of the 2007
Florida Building Code, or as subsequently amended, the Building Official may
determine that compliance for accessible routes (exterior and interior), ramps,
entrances, or toilets would threaten or destroy the historic significance of the
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Building, in which case the alternative requirements in Chapter 11, Section 11-
4.1.7(3) may be utilized).
5. Administrative and Board Approval of Zoning Code Variances.
Alterations to Resources listed in the Boynton Beach Register of Historic
Places and the National Register of Historic Places may receive variances to
zoning code regulations, if such regulations would adversely impact or threaten
the historic significance of the Resource. The responsibility for review and
approval of an application for a variance in association for a Certificate of
Appropriateness for Alterations of Resources listed in the Boynton Beach
Register of Historic Places and the National Register of Historic Places will rest
with staff, unless the corresponding Certificate of Appropriateness requires
Historic Resources Preservation Board (HRPB) action, in which case the HRPB
will have review and approval responsibility. Such requests for variance shall be
made on a separate application, approved by the Board. Said application fee and
other applicable charges shall be established by resolution adopted by the City
Commission.
6. Sustainable Building Practices.
The application of sustainable,
energy efficient and green building practices to improvements associated with
historic properties is encouraged whenever they are compatible with best historic
preservation practices. Whenever possible, equipment such as solar panels, wind
generation devices, mechanical equipment, etc., should not be affixed to the
building, but sited in the rear or side yard locations and fully screened with
landscaping, fence or wall. When placement upon the building is unavoidable,
such equipment, as well as skylights, shall be located on a non-character defining
elevation or roof slope that is not visible from the street. In no instance, shall the
equipment be allowed to be placed upon any character defining feature. Expedited
review shall be afforded to those applicants who propose the placement of such
equipment on other than the building facades or roof.
I. Standards for Archaeological Work; Discovery of Archaeological Site.
1.
The Historic Preservation Planner shall be responsible for identifying,
protecting, managing and promoting all cultural resources (historic and prehistoric
sites and districts) within the municipal bounds.
2. Archaeological Work.
Archaeological surveys, assessments,
excavations, and other work required by this ordinance shall be conducted by a
qualified, professional archaeologist and be consistent with the guidelines for
such work promulgated by Palm Beach County that are consistent with accepted
professional standards and regulations developed by the Florida Department of
State Division of Historical Resources and the United States Department of the
Interior, or their successor agencies.
3. Site Discovered During the Development Process.
In the event
that archaeological materials are discovered by ground disturbing activities on any
property within the City, such activities in the immediate vicinity of the
archaeological site shall be discontinued immediately and the Planning & Zoning
Department notified. The site shall be inspected and may be required to be
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assessed by a qualified professional archaeologist at the expense of the property
owner.
4. Unmarked Human Graves.
If a discovery is made of an
unmarked human grave or graves, then the procedures for notifying the State
Archaeologist and County Medical Examiner shall be followed, consistent with
state law.
Section 5. All laws and ordinances applying to the City of Boynton Beach in conflict with
any provision of this ordinance are hereby repealed.
Section 6. Should any section or provision of this Ordinance or any portion thereof be
declared by a court of competent jurisdiction to be invalid, such decision shall not affect the remainder
of this Ordinance.
Section 7. Authority is hereby given to codify this Ordinance and to conform the numbering
and lettering sequence to the recently adopted Land Development Regulations.
Section 8. This Ordinance shall become effective immediately.
FIRST READING
this 1st day of May, 2012.
SECOND, FINAL READING AND PASSAGE
this ______ day of ______, 2012.
CITY OF BOYNTON BEACH, FLORIDA
_____________________________
Mayor – Woodrow L. Hay
_____________________________
Vice Mayor – Mack McCray
_____________________________
Commissioner – William Orlove
_____________________________
Commissioner – Steven Holzman
ATTEST:
_____________________________
Commissioner – Marlene Ross
_______________________________
221 of 233
Janet M. Prainito, MMC
City Clerk
(Corporate Seal)
222 of 233
13. C
LEGAL
May 15, 2012
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD:
May 15, 2012
OMMISSION EETING ATE
O PH
PENINGSUBLIC EARING
O CM’R
THERITY ANAGERS EPORT
A/P UB
NNOUNCEMENTSRESENTATIONSNFINISHED USINESS
NO
ATURE F
A NB
DMINISTRATIVEEW USINESS
AI
GENDA TEM
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ONSENT GENDAEGAL
BP$100,000 FAI
IDS AND URCHASES OVER UTURE GENDA TEMS
CCL
ODE OMPLIANCE AND EGAL
S
ETTLEMENTS
RACC:
PROPOSED ORDINANCE NO. 12-009 - SECOND
EQUESTED CTION BY ITY OMMISSION
READING - Approve Ordinance amending sale of City owned real property
ER:
Recent attempts by the City to sell real property have been
XPLANATION OF EQUEST
unsuccessful. The City Administration and City Attorney’s office have undertaken a review of
the current code provisions regarding sale of real property and have determined that greater
flexibility can be added to the process without jeopardizing the integrity of the method by which
the City disposes of real property it owns but no longer needs.
H?
The sale of real property will be expedited
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
and alternative means of sale can be used which may result in a greater financial return to the
City when property is sold.
FI:
The proposed Ordinance is procedural and the adoption of the Ordinance has
ISCAL MPACT
no fiscal impact.
A:
Take no action and maintain the current procedures for selling real property
LTERNATIVES
without change.
223 of 233
ORDINANCE NO. 12-009
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
BOYNTON BEACH, FLORIDA, AMENDING CHAPTER 2
ADMINISTRATION, ARTICLE IV, SECTION 2-56, AMENDING
PROVISIONS FOR THE SALE OF CITY OWNED REAL PROPERTY
EXCLUDING PROPERTY ACQUIRED BY THE CITY FOR
REDEVELOPMENT PURPOSES; PROVIDING FOR CONFLICTS,
SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE.
WHEREAS,
Florida law allows municipalities, pursuant to their home rule powers, to establish
;
procedures for the sale of real propertyand
WHEREAS,
the City Commission has determined that the current procedures for the sale of real
property as set forth in Code Section 2-56 do not provide sufficient flexibility and therefore operate the
inhibit the sale of real property to the detriment of the City; and
WHEREAS
, the City Commission deems it to be in the best interest of the citizens and residents
of the City to amend Chapter 2. Section 2-56.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY
OF BOYNTON BEACH, THAT
:
Section 1. The foregoing whereas clauses are true and correct and are now ratified and
confirmed by the City Commission.
Section 2. Chapter 2. “Administration”, Article IV, “Purchasing and Consultants”, Section 2-56
is hereby amended by adding the words and figures in underlined type, and by deleting the words and
figures in struck-through type, as follows:
Sec. 2-56. Purchasing agent, selection, duties; competitive bidding.
(a) The city commission shall appoint an officer or employee of the city, other than a member of
the city commission, as purchasing agent for the city who shall be responsible for the purchase of all
supplies, materials, equipment and other articles used by the municipal government. All purchases or
sales of city property shall be subject to the approval of the city commission and shall conform to such
regulations as the city commission may from time to time prescribe.
(b) Personal property, commodities and services. Except as provided in section 2-56.1, all
purchases or sales of personal property, commodities and services involving amounts in excess of
twenty-five thousand dollars ($25,000.00), or construction involving amounts of seventy-five thousand
($75,000.00), shall be made only after the publishing of an advertisement of bids thereon in a newspaper
of general circulation in the city at least one (1) time, not less than ten (10) days prior to the date set for
the reception of such bids, together with such other notice as the commission may direct. The city
commission shall have the power to reject any and all bids submitted and received, and to waive any
informalities in connection with such bidding.
224 of 233
(c) Real property. Real property may be sold in the manner recommended by the City Manager
and determined by the City Commission to be in the best interest of the City. With regard to the sale of
any real estate owned by the city, regardless of the estimated value thereof, which has an appraised
value exceeding $100,000.00 as determined by the most recent valuation of the Palm Beach County
Property Appraiser, no such sale shall be conducted or consummated until such time as subject property
has been appraised by a disinterested qualified appraiser to be designated by the city commission for the
purpose of establishing a fair market value thereon. The sale of real property for less than the fair market
value shall require the approval by a vote of four-fifths (4/5) of the city commission. After such
appraisal shall have been completed and a fair market value determined, the property may be sold:
1. To the owner of adjacent developed property if the city property is to be used by the adjacent
property owner as:
A. Buffer; or
B. For an extension of the use to which the adjacent property owner is using the adjacent
property at the time of sale; or
2. To the highest bidder following a competitive bidding process as established by the city
administration.
(d) The foregoing provision for sale of real property do not apply to real property located within
the city's community redevelopment area if the property was acquired by the City for the purposes of
community redevelopment.
located within the city's community redevelopment area which was acquired for purposes
other than community redevelopment prior to the creation of the city's community redevelopment
area.
Section 3. Each and every other provision of Chapter 2 of the Code of Ordinances of the
City of Boynton Beach not herein specifically amended shall remain in full force and effect as
previously enacted.
Section 4. All ordinances or parts of ordinances in conflict herewith be and the same are
hereby repealed.
Section 5. Should any section or provision of this ordinance or portion hereof, any
paragraph, 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 6. Authority is hereby granted to codify said ordinance.
Section 7. This ordinance shall become effective immediately upon passage.
FIRST READING
this 1st day of May, 2012.
SECOND, FINAL READING AND PASSAGE
this day of _______, 2012.
225 of 233
CITY OF BOYNTON BEACH, FLORIDA
_____________________________
Mayor – Woodrow L. Hay
_____________________________
Vice Mayor – Mack McCray
_____________________________
Commissioner – William Orlove
_____________________________
Commissioner – Steven Holzman
_____________________________
Commissioner – Marlene Ross
ATTEST:
_____________________
Janet M. Prainito, MMC,
City Clerk
(CORPORATE SEAL)
226 of 233
13. D
LEGAL
May 15, 2012
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD:
May 15, 2012
OMMISSION EETING ATE
O PH
PENINGSUBLIC EARING
O CM’R
THERITY ANAGERS EPORT
A/P UB
NNOUNCEMENTSRESENTATIONSNFINISHED USINESS
NO
ATURE F
A NB
DMINISTRATIVEEW USINESS
AI
GENDA TEM
CA L
ONSENT GENDAEGAL
BP$100,000 FAI
IDS AND URCHASES OVER UTURE GENDA TEMS
CCL
ODE OMPLIANCE AND EGAL
S
ETTLEMENTS
RACC:
PROPOSED ORDINANCE NO. 12-010 - SECOND
EQUESTED CTION BY ITY OMMISSION
READING - Amend the Land Development Regulations (LDR) to implement recommendations of the
Moratorium Study, Notice of Intent (NOI) #2011-01, pertaining to 1) location of not-for-profit uses in
certain zoning districts, and 2) the replacement of the lists of approved uses for the three Planned
Industrial Development Districts (PIDs) with the standard use regulations listed in the Use Matrix - TO BE
TABLED
ER:
XPLANATION OF EQUEST
H?
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
FI:
ISCAL MPACT
A:
LTERNATIVES
227 of 233
14. A
FUTURE AGENDA ITEMS
May 15, 2012
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD:
May 15, 2012
OMMISSION EETING ATE
O PH
PENINGSUBLIC EARING
O CM’R
THERITY ANAGERS EPORT
A/P UB
NNOUNCEMENTSRESENTATIONSNFINISHED USINESS
NO
ATURE F
A NB
DMINISTRATIVEEW USINESS
AI
GENDA TEM
CA L
ONSENT GENDAEGAL
BP$100,000 FAI
IDS AND URCHASES OVER UTURE GENDA TEMS
CCL
ODE OMPLIANCE AND EGAL
S
ETTLEMENTS
RACC:
Update on In-house Medical Clinic- 6/5/12
EQUESTED CTION BY ITY OMMISSION
ER:
Review research and feasibility of bringing into the city an In-house
XPLANATION OF EQUEST
Medical Clinic. Staff has identified several options and will be meeting with CIGNA the end of
March to review programs and costs to bring back for Commission consideration.
H?
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
FI:
ISCAL MPACT
A:
LTERNATIVES
228 of 233
14. B
FUTURE AGENDA ITEMS
May 15, 2012
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD:
May 15, 2012
OMMISSION EETING ATE
O PH
PENINGSUBLIC EARING
O CM’R
THERITY ANAGERS EPORT
A/P UB
NNOUNCEMENTSRESENTATIONSNFINISHED USINESS
NO
ATURE F
A NB
DMINISTRATIVEEW USINESS
AI
GENDA TEM
CA L
ONSENT GENDAEGAL
BP$100,000 FAI
IDS AND URCHASES OVER UTURE GENDA TEMS
CCL
ODE OMPLIANCE AND EGAL
S
ETTLEMENTS
RACC:
Special City Commission Budget Meetings, Monday, July
EQUESTED CTION BY ITY OMMISSION
16, 2012 @ 2:00 p.m., Tuesday, July 17, 2012 @ 9:00 a.m. and Wednesday, July 18, 2012 @ 2:00 p.m.
in the Library Program Room at the City Library
ER:
XPLANATION OF EQUEST
H?
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
FI:
ISCAL MPACT
A:
LTERNATIVES
229 of 233
14. C
FUTURE AGENDA ITEMS
May 15, 2012
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD:
May 15, 2012
OMMISSION EETING ATE
O PH
PENINGSUBLIC EARING
O CM’R
THERITY ANAGERS EPORT
A/P UB
NNOUNCEMENTSRESENTATIONSNFINISHED USINESS
NO
ATURE F
A NB
DMINISTRATIVEEW USINESS
AI
GENDA TEM
CA L
ONSENT GENDAEGAL
BP$100,000 FAI
IDS AND URCHASES OVER UTURE GENDA TEMS
CCL
ODE OMPLIANCE AND EGAL
S
ETTLEMENTS
RACC:
Legislative Update by Representative Bill Hager, District 87
EQUESTED CTION BY ITY OMMISSION
- 6/5/12
ER:
XPLANATION OF EQUEST
H?
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
FI:
ISCAL MPACT
A:
LTERNATIVES
230 of 233
14. D
FUTURE AGENDA ITEMS
May 15, 2012
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD:
May 15, 2012
OMMISSION EETING ATE
O PH
PENINGSUBLIC EARING
O CM’R
THERITY ANAGERS EPORT
A/P UB
NNOUNCEMENTSRESENTATIONSNFINISHED USINESS
NO
ATURE F
A NB
DMINISTRATIVEEW USINESS
AI
GENDA TEM
CA L
ONSENT GENDAEGAL
BP$100,000 FAI
IDS AND URCHASES OVER UTURE GENDA TEMS
CCL
ODE OMPLIANCE AND EGAL
S
ETTLEMENTS
RACC:
Palm Beach County Sheriff's Office presentation of
EQUESTED CTION BY ITY OMMISSION
Proposal for Police Services - 6/5/12
ER:
XPLANATION OF EQUEST
H?
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
FI:
ISCAL MPACT
A:
LTERNATIVES
231 of 233
14. E
FUTURE AGENDA ITEMS
May 15, 2012
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD:
May 15, 2012
OMMISSION EETING ATE
O PH
PENINGSUBLIC EARING
O CM’R
THERITY ANAGERS EPORT
A/P UB
NNOUNCEMENTSRESENTATIONSNFINISHED USINESS
NO
ATURE F
A NB
DMINISTRATIVEEW USINESS
AI
GENDA TEM
CA L
ONSENT GENDAEGAL
BP$100,000 FAI
IDS AND URCHASES OVER UTURE GENDA TEMS
CCL
ODE OMPLIANCE AND EGAL
S
ETTLEMENTS
RACC:
City Commission discussion of the South Central Regional
EQUESTED CTION BY ITY OMMISSION
Wastewater Treatment & Disposal Board Interlocal Agreement - 7/3/12
ER:
XPLANATION OF EQUEST
H?
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
FI:
ISCAL MPACT
A:
LTERNATIVES
232 of 233
14. F
FUTURE AGENDA ITEMS
May 15, 2012
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD:
May 15, 2012
OMMISSION EETING ATE
O PH
PENINGSUBLIC EARING
O CM’R
THERITY ANAGERS EPORT
A/P UB
NNOUNCEMENTSRESENTATIONSNFINISHED USINESS
NO
ATURE F
A NB
DMINISTRATIVEEW USINESS
AI
GENDA TEM
CA L
ONSENT GENDAEGAL
BP$100,000 FAI
IDS AND URCHASES OVER UTURE GENDA TEMS
CCL
ODE OMPLIANCE AND EGAL
S
ETTLEMENTS
RACC:
Staff update on marketing and culturalization initiatives for
EQUESTED CTION BY ITY OMMISSION
City Rebranding Program - 7/3/12
ER:
XPLANATION OF EQUEST
H?
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
FI:
ISCAL MPACT
A:
LTERNATIVES
233 of 233