Agenda 06-05-12 Searchable
The City of
The City of
Boynton Beach
Boynton Beach
100 E. Boynton Beach Boulevard ● (561) 742-6000
TUESDAY, JUNE 5, 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 Commissioner William Orlove
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. Citation for Hattie Mathis Mathews, a resident of Boynton Beach who attained
the age of 105
B. Presentation by Palm Beach County Sheriff's Office for Police Services
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
PROPOSED RESOLUTION NO. R12-046
A. - Assess the cost of nuisance
abatement on properties within the City of Boynton Beach
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PROPOSED RESOLUTION NO. R12- 047
B. - Approve an agreement with Palm
Beach State College and the City of Boynton Beach to provide a continuation of
our Fire Rescue Department as a field training site for the paramedic and EMT
programs
C. Accept the written report to the Commission for purchases over $10,000 for the
month of April 2012
D. Approve Closeout Change Order and Final Application for Payment in the
amount of $27,372.96 to Intercounty Engineering, Inc. for the Force Main
Replacement for Lift Station No. 102 project. This will close out the project.
E. Approve the minutes from the City Commission regular meeting held on May
15, 2012
F. Approve the submittal of a historic preservation grant application for a public
education program to the Florida Department of State Division of Historical
Resources and provide a letter of support
G. Accept the resignation of Janelle Sloan, a regular member of the Recreation
and Parks Board
H. Accept the resignation of Robert Bucella, an alternate member of the
Recreation and Parks Board
7. BIDS AND PURCHASES OVER $100,000
None
8. CODE COMPLIANCE & LEGAL SETTLEMENTS
None
9. PUBLIC HEARING
7 P.M. OR AS SOON THEREAFTER AS THE AGENDA PERMITS
The City Commission will conduct these public hearings in its dual capacity
as Local Planning Agency and City Commission.
PROPOSED ORDINANCE NO 12-011 - FIRST READING
A. - Approve
amendments to the LDR to 1) decrease the required removal frequency from
daily to weekly, limited to those MVUs meeting minimum setback requirements
and classified by the State as Mobile Food Dispensing Vehicles (MFDVs); and
2) to accommodate limited connection to utilities. Applicant: City Initiated
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PROPOSED ORDINANCE NO. 12-007 - SECOND READING
B. - 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
(Tabled on 05-15-12)
July 1, 2012.
10. CITY MANAGER’S REPORT
A. Approve the incorporation of five new job classification descriptions/titles into
the City's pay plan.
B. Staff follow up report - Provide direction on developing an in-house medical
clinic.
11. UNFINISHED BUSINESS
A. Accept update report from staff on temporary provisions for feather banner
signs and support a 12-month extension of said provisions
B. Receive first update from Lansing Melbourne Group on Old High School
Redevelopment Project
12. NEW BUSINESS
None
13. LEGAL
PROPOSED ORDINANCE NO. 12-012 - FIRST READING
A. - Approve
amendments to Code of Ordinances Part II, Chapter 13 "Licenses", replacing
the term "Business Tax Application" with "Certificate of Use", and removing
Article I, Sec. 13-28 "Licensing of used car lots"
PROPOSED ORDINANCE NO. 12-010 - SECOND READING
B. - 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)
(Tabled to June 19,
with the standard use regulations listed in the Use Matrix
2012)
14. FUTURE AGENDA ITEMS
A. Special City Commission Budget Meetings, Monday, July 16, 2012 @ 2:00
p.m., Tuesday, July 17, 2012 @ 9:00 a.m. and Wednesday, July 18, 2012 @
2:00 p.m. in the Library Program Room at the City Library
B. Consider lease agreement and demolition of animal control building for joint
use parking. - 6-19-12
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C. City Commission discussion of the South Central Regional Wastewater
Treatment & Disposal Board Interlocal Agreement - 7/3/12
D. Staff update on marketing and culturalization initiatives for City Rebranding
Program - 7/3/12
E. Financial Advisory Committee Budget Report
F. Police Study - Define Scope of Services - 7-17-12
15. BRAND PROMISE STATEMENT – “BREEZE INTO BOYNTON BEACH –
AMERICAN’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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3. A
ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS
June 5, 2012
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RACC:
Citation for Hattie Mathis Mathews, a resident of
EQUESTED CTION BY ITY OMMISSION
Boynton Beach who attained the age of 105
ER:
Ms. Hattie Mathews is a long time resident of Boynton
XPLANATION OF EQUEST
Beach and previous business owner. She continues to reside in Boynton Beach with
her daughter Rachael Bennett.
H?
N/A
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
FI:
N/A
ISCAL MPACT
A:
N/A
LTERNATIVES
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C I T A T I ON
Hattie Mathis Matthews
was born on April 7, 1907 in Adel, Georgia and has lived in Boynton
Beach for many years. Since 2000 she has resided with her great granddaughter, Rachael Bennett.
Mrs. Matthews started working at an early age as a farm worker. She owned a restaurant and a home
daycare and always had a tender heart for children. She was an entrepreneur and very active in her
grandchildren’s sports activities with Boynton Beach Police Athletic League All-star Basketball and
Boynton Beach Bulldogs Tackle football. She would travel where ever the teams went to play and spent
many long days at Ezell Hester cheering for all the teams sometimes until nightfall.
Mrs. Matthews is famous for her love of Michael Jackson and being the oldest person who could say her
alphabet forward and BACKWARDS…and she still can.
Mrs. Hattie Matthews is a member of Ephesus Seventh Day Adventist church in West Palm Beach and
she has been a member or that church for over 50 years and has a strong love for her religion and God.
Mrs. Matthews has six children (one deceased), five grandchildren and three great grandchildren. Mrs.
Matthews believes the key to a long life is to ”forgive and forget and let go and let God”She is a very
loving, kind and caring person and we wish her many, many more wonderful years.
Now, therefore
, I, Woodrow Hay, by virtue of the authority vested in me as Mayor of the City of Boynton
Beach, Florida, recognize with this Citation
Hattie Mathis Matthews
who turned 105 years old on April 7, 2012.
In witness whereof
, I have hereunto set my hand and caused the Seal of the City of Boynton Beach,
th
Florida, to be affixed at Boynton Beach, Florida, the 5 day of June, Two Thousand and Twelve.
________________________________
Woodrow L. Hay, Mayor
ATTEST:
________________________________
Janet M. Prainito, MMC
City Clerk
(Corporate Seal)
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ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS
June 5, 2012
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RACC:
Presentation by Palm Beach County Sheriff's
EQUESTED CTION BY ITY OMMISSION
Office for Police Services
ER:
This presentation is provided to the City Commission as one
XPLANATION OF EQUEST
of several budget alternatives for the Commission’s consideration in upcoming budget
discussions.
H?
TBD
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
FI:
TBD
ISCAL MPACT
A:
Not allow presentation.
LTERNATIVES
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5. A
ADMINISTRATIVE
June 5, 2012
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RACC:
Appoint eligible members of the community to
EQUESTED CTION BY ITY OMMISSION
serve in vacant positions on City advisory boards
ER:
The attached list contains the names of those who have
XPLANATION OF EQUEST
applied for vacancies on the various Advisory Boards. A list of vacancies is provided
with the designated Commission member having responsibility for the appointment to fill
each vacancy.
H?
Appointments are necessary to
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
keep our Advisory Boards full and operating as effectively as possible.
FI:
None
ISCAL MPACT
A:
Allow vacancies to remain unfilled.
LTERNATIVES
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Appointment Length of Term
To Be Made Board Expiration Date
Mayor Hay Arts Commission Alt 1 yr term to 12/12 Tabled (3)
I Orlove Arts Commission Alt 1 yr term to 12/12
I Orlove Bldg. Bd. of Adj. & Appeals Reg 3 yr term to 12/14 Tabled (3)
IV Ross Bldg. Bd. of Adj. & Appeals Reg 3 yr term to 12/13
II McCray Bldg. Bd. of Adj. & Appeals Alt 1 yr term to 12/12 Tabled (3)
III Holzman Bldg. Bd. of Adj. & Appeals Alt 1 yr term to 12/12 Tabled (2)
I Orlove Cemetery Bd. Alt 1 yr term to 12/12 Tabled (2)
III Holzman Code Compliance Bd. Alt 1 yr term to 12/12 Tabled (3)
IV Ross Code Compliance Bd. Alt 1 yr term to 12/12 Tabled (3)
Mayor Hay Education & Youth Advisory Bd. Alt 1 yr term to 12/12 Tabled (3)
I Orlove Education & Youth Advisory Bd. Stu 1 yr term to 12/12 Tabled (2)
III Holzman Education & Youth Advisory Bd. Alt 1 yr term to 12/12 Tabled (2)
III Holzman Financial Advisory Bd. Reg 3 yr term to 6/12
IV Ross Financial Advisory Bd. Reg 3 yr term to 6/13
Mayor Hay Financial Advisory Bd. Alt 1 yr term to 6/12 Tabled (3)
I Orlove Financial Advisory Bd. Alt 1 yr term to 6/12 Tabled (3)
II McCray Financial Advisory Bd. Reg 3 yr term to 6/14 Tabled (2)
Mayor Hay Financial Advisory Bd. Reg 3 yr term to 6/15
I Orlove Library Bd Alt 1 yr term to 12/12 Tabled (2)
IV Ross Planning and Development Bd Reg 2 yr term to 12/13 Tabled (3)
II McCray Planning and Development Bd Reg 2 yr term to 12/13
Mayor Hay Planning and Development Bd Alt 1 yr term to 12/12 Tabled (3)
I Orlove Planning and Development Bd Alt 1 yr term to 12/12 Tabled (3)
I Orlove Recreation & Parks Bd Reg 3 yr term to 12/14
II McCray Recreation & Parks Bd Alt 1 yr term to 12/12
III Holzman Recreation & Parks Bd Alt 1 yr term to 12/12
III Holzman Special Events Ad Hoc Committee Alt 2 yr term to 12/13 Tabled (2)
IV Ross Special Events Ad Hoc Committee Alt 2 yr term to 12/13
S:\CC\WP\BOARDS\APPMENTS\Board Year 2012\Appointments 06-05-12.docc
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APPLICANTS ELIGIBLE FOR APPOINTMENT ON 6/5/12
Last Name First Name Eligibility
CODE
CCOMPLIANCE
BOARD
Borrelli Alan Reg or Alt
RECREATION
AND PARKS
BOARD
Mandler Thomas Reg
SPECIAL
EVENTS AD
HOC
COMMITTEE
Costantino Michele Alt ONLY
Karageorge Mark Alt ONLY
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6. A
CONSENT AGENDA
June 5, 2012
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RACC:
PROPOSED RESOLUTION NO. R12-046 -
EQUESTED CTION BY ITY OMMISSION
Assess the cost of nuisance abatement on properties within the City of Boynton Beach
ER:
In accordance with the Municipal Lien Procedure on file in the City of Boynton
XPLANATION OF EQUEST
Beach, the attached list contains the addresses of properties cited by Code Compliance for nuisances abated by a
City-contracted vendor. Finance sent an invoice to each property owner. There was no response within the required
30-day period. Copies of the invoices were then forwarded to the City Clerk’s Office for continuation of the
procedure. The property owners were again issued a copy of the invoice and a letter which offered an opportunity to
pay the invoice within an additional 30-day period. The attached list contains the names of the property owners who
have still not responded to our correspondence.
At this point in the procedures, authorization is requested to record liens against these properties in the public
records of Palm Beach County within 30 days of adoption of the Resolution. Prior to sending the Resolution to the
County for recording, the City Clerk will send another letter to each property owner notifying them they have another
30 days to pay the invoice before the Resolution is sent for recording. An additional administrative fee of $30 will be
added to the assessment when the Resolution is sent to the County for recording.
Thirty days after the Resolution is recorded, the property owners will receive, by certified mail, a copy of the
Resolution and another letter stating the unpaid balance will accrue interest at a rate of 8% per annum.
H?
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
FI:
This process allows us to place liens on the properties in order to reimburse the City for the
ISCAL MPACT
services that were provided when the nuisances were abated.
A:
The alternative would be to not place liens on the properties and not collect for the service
LTERNATIVES
provided.
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RESOLUTION NO. R12-
A RESOLUTION OF THE CITY OF BOYNTON
BEACH, FLORIDA ASSESSING THE COSTS OF
ABATEMENT OF CERTAIN NUISANCES AGAINST
THE OWNERS OF THE PROPERTIES INVOLVED;
AND PROVIDING AN EFFECTIVE DATE.
WHEREAS
, a contract vendor was requested by Code Compliance to mow the lots of
the properties described in Exhibit “A”; and
WHEREAS
, the owners of the parcel(s) of property hereinafter described were invoiced
by the Finance Department in an effort to recoup these costs with no response; and
WHEREAS,
said nuisance was not abated as required; and,
WHEREAS
, all of the property owners listed in the attached Exhibit “A” were sent
letters offering them an opportunity to remit within 30 days in order to avoid incurring a lien on
their property; and
WHEREAS
, the City Manager or his authorized representative has made a report of
costs actually incurred by the City and abatement of said nuisance as to the property(s) involved,
which is described in Exhibit “A” attached to this Resolution; and
WHEREAS,
upon passage of this Resolution, the property owners will be furnished with
a copy of this Resolution, and given one more opportunity to remit all costs associated with the
abatement in full within 30 days of the passage of the Resolution, before transmittal to the
County for recordation of Liens; and
Now, therefore, be it resolved by the city commission of the city of boynton beach,
Florida as follows:
Section 1: Each Whereas clause set forth above is true and correct and incorporated
herein by this reference.
Section 2: The amount of costs incurred by the City and the abatement of the above-
described nuisance as to the parcels of land, owned and indicated to wit:
SEE ATTACHED COMPOSITE EXHIBIT “A”
Subject amount is hereby assessed as liens against said parcels of land as
indicated, plus an additional administrative charge of $30.00 for each Lien. Liens
shall be of equal dignity with the taxes there from for the year 2012, and shall be
enforced and collected in like manner pursuant to applicable provisions of law. In
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the event collection proceedings are necessary, the property owner shall pay all
costs of the proceedings, including reasonable attorneys fees.
Section 3. This Resolution shall become effective immediately upon passage.
PASSED AND ADOPTED this _____ day of June, 2012.
CITY OF BOYNTON BEACH, FLORIDA
______________________________
Mayor – Woodrow L. Hay
_______________________________
Vice Mayor – Mack McCray
_______________________________
Commissioner – William Orlove
_______________________________
Commissioner – Steven Holzman
ATTEST:
_______________________________
Commissioner – Marlene Ross
_____________________________
Janet M. Prainito, MMC
City Clerk
{Corporate Seal}
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6. B
CONSENT AGENDA
June 5, 2012
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RACC:
PROPOSED RESOLUTION NO. R12- 047 -
EQUESTED CTION BY ITY OMMISSION
Approve an agreement with Palm Beach State College and the City of Boynton Beach to provide
a continuation of our Fire Rescue Department as a field training site for the paramedic and EMT
programs
ER:
An integral part of an individual’s training to become either
XPLANATION OF EQUEST
and Emergency Medical Technician (EMT) or paramedic requires a certain amount of
field training, whether that training takes place in an emergency room or on a fire rescue
unit. The Boynton Beach Fire Rescue Department has been a training site for EMT and
paramedic clinical rotations for over 26 years. This agreement formalizes a cooperative
relationship between the City and the District Board of Trustees of Palm Beach State
College for a three (3) year period of time with additional one year renewals.
H?
Boynton Beach Fire Rescue crews
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
are well acclimated to teaching and mentoring EMT and paramedic students. Teaching
others helps to keep our fire rescue personnel’s skills at their highest level. Monitoring
and working with these students also becomes beneficial when hiring new recruits.
Observing a student’s behavior and interaction with other crew members and the public
provides a window into how that potential employee will fit in with our rescue team
personnel.
FI:
None
ISCAL MPACT
A:
Not to renew the agreement, thus losing the benefits mentioned above.
LTERNATIVES
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RESOLUTION NO. R12-________
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF BOYNTON BEACH, FLORIDA, APPROVING AN
AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH
AND PALM BEACH STATE COLLEGE TO CONTINUE TO
USE THE CITY’S FIRE RESCUE DEPARTMENT AS A FIELD
TRAINING SITE FOR THE PARAMEDIC AND EMT
PROGRAMS; AUTHORIZING AND DIRECTING THE
INTERIM CITY MANAGER TO EXECUTE THE
AGREEMENT; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS
, the City Commission of the City of Boynton Beach, through passage of
Resolution R09-098, authorized the City Manager to execute a three-year Agreement between
the City of Boynton Beach and The District Board of Trustees of Palm Beach Community
College for education and training of students in Paramedic and EMT Programs; and
WHEREAS
, the time period for the Agreement ends August 12, 2012; and
WHEREAS
, the City Commission of the City of Boynton Beach, Florida, upon
recommendation of staff, has deemed it to be in the best interests of the citizens and residents of
the City of Boynton Beach to continue this program and enter into a new Agreement between the
City of Boynton Beach and Palm Beach State College (f/k/a Palm Beach Community College)
for the education and training of students in Paramedic and EMT Programs; such Agreement is
attached hereto as Exhibit “A.”
NOW THEREFORE, BE RESOLVED BY THE CITY COMMISSION OF THE
CITY OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1.
The foregoing "Whereas" clauses are hereby ratified and confirmed as being
true and correct and are hereby made a specific part of this Resolution upon adoption hereof.
Section 2.
The City Commission of the City of Boynton Beach, Florida, approves the
Agreement between the City of Boynton Beach and Palm Beach State College (f/k/a Palm Beach
Community College) for the education and training of students in Paramedic and EMT
Programs; such Agreement is attached hereto as Exhibit “A.”
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Section 3.
The Interim City Manager is hereby authorized to execute the Agreement
between the City of Boynton Beach and Palm Beach State College for the education and training
of students in Paramedic and EMT Programs.
Section 4
. That this Resolution shall become effective immediately upon passage.
PASSED AND ADOPTED
this _____ day of June, 2012.
CITY OF BOYNTON BEACH, FLORIDA
______________________________
Mayor – Woodrow L. Hay
______________________________
Vice Mayor – Mack McCray
______________________________
Commissioner – William Orlove
_______________________________
Commissioner – Steven Holzman
_______________________________
Commissioner – Marlene Ross
ATTEST:
______________________
Janet M. Praintio, MMC
City Clerk
(Corporate Seal)
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6. C
CONSENT AGENDA
June 5, 2012
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GENDA TEM EQUEST ORM
CMD:
June 5, 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 written report to the Commission for
EQUESTED CTION BY ITY OMMISSION
purchases over $10,000 for the month of April 2012
ER:
Per Ordinance No.01-66, Chapter 2, Section 2-56.1,
XPLANATION OF EQUEST
exceptions to competitive bidding, Paragraph b, which states: “Further, the City
Manager, or in the City Manager’s absence, the Acting City Manager is authorized to
execute a purchase order on behalf of the City for such purchases under the $25,000
bid threshold for personal property, commodities, and services, or $75,000 for
construction. The City Manager shall file a written report with the City Commission at
the second Commission meeting of each month listing the purchase orders approved by
the City Manager, or Acting City Manager. Below is a list of the purchases for April
2012:
Purchase Order Vendor Amount
120723 CROM Eng & Const $ 24,680.00
120745 Fl Bearings, Inc. $ 10,741.70
120746 DGG Taser, Inc. $ 24,250.80
120747 SAK Construction $ 12,180.00
H?
Ordinance No.01-66, Chapter 2,
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
Section 2-56.1 assists departments in timely procurement of commodities, services, and
personal property. Administrative controls are in place with the development of a
special processing form titled “Request for Purchases over $10,000” and each purchase
request is reviewed and approved by the Department Director, Purchasing Agent, and
City Manager.
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FI:
This Ordinance provides the impact of reducing paperwork by
ISCAL MPACT
streamlining processes within the organization. This allows administration to maintain
internal controls for these purchases, reduce the administrative overhead of processing
for approval, and allow for making more timely purchases.
A:
None
LTERNATIVES
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6. D
CONSENT AGENDA
June 5, 2012
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD:
June 5, 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 Closeout Change Order and Final
EQUESTED CTION BY ITY OMMISSION
Application for Payment in the amount of $27,372.96 to Intercounty Engineering, Inc. for the
Force Main Replacement for Lift Station No. 102 project. This will close out the project.
ER:
On March 15, 2011, the City Commission awarded Bid
XPLANATION OF EQUEST
#038-2821-11/CJD, Force Main Replacement for Lift Station No. 102 Project, to
Intercounty Engineering, Inc. for $224,289.05 and approved a 10% contingency of
$22,428.90 for a total budget appropriation of $246,717.95.
Contingency in the amount of $22,559.04 was spent during the course of the project to
address unforeseen conditions. In addition, the net project overruns for additional piping
totaled $200.00, resulting in a total spent contingency of $22,759.04. The project
exceeded the approved contingency by $330.14.
Construction has been completed successfully and the new wastewater force main
piping under the Intracoastal Waterway is in operation. This was an environmentally
sensitive project, as the City faced possible fines by the Florida Department of
Environmental Protection (FDEP) if the project had not gone forward due to the
deteriorated condition of the old force main. To date, no fines have been issued to the
City.
The use of contingency was documented on a total of five (5) Field Change Directives
(FCD) issued by the City. The attached FCD log provides the details for each approved
change. Additionally, the five (5) FCDs also granted a total time extension of seventy-
five (75) calendar days.
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Field Change Directive No. 4, $13,220.72 was approved to replace existing corroded
cast iron and ductile iron discharge pipe and was the most significant contingency
expense. Time extensions were attributed to emergency mobilization of divers to
investigate a leak under the Intracoastal Waterway; replacement of an 8-inch ductile
iron pipe at the St. Andrews Club with 10-inch HDPE pipe; and time required to
complete seal coating of the driveway and parking lot at St. Andrews Club where Lift
Station No. 102 is located.
The following is a timeline of the executed FCDs:
FCD #1 6/27/11 $ 1,263.70
FCD #2 7/27/11 (Time extension only – 29 days) $ 0.00
FCD #3 8/6/11 (Time extension of 23 days) $ 5,406.47
FCD #4 7/18/11 (Time extension of 3 days) $ 13,220.72
FCD #5 5/1/12 (Time extension of 20 days) $ 2,668.15
Sub Total FCDs $ 22,559.04
CCO-1 Closeout Change Order-Project Overruns $ 200.00
TOTAL Use of Contingency Funds $ 22,759.04
Original Contingency Funding $ 22,428.90
Contingency Funds Remaining ($ 330.14)
As noted above, the spent contingency including project overruns exceeded the
approved contingency by $330.14. The Purchase Order will be increased $2,868.15 to
make the final payment of $27,372.96. The final project accounting is as follows:
Reconciliation to close Purchase Order #110806 – Intercounty Engineering, Inc.
Original Purchase Order Value $224,289.05
Increase PO FCD’s (#1 through #5) $ 22,559.04
Sub Total $246,848.09
Increase PO Closeout Change Order - Overruns $ 200.00
TOTAL PAYMENTS TO CONTRACTOR $247,048.09
Approved Contingency $ 22,428.90
Decrease FCD’s ($22,559.04)
Decrease Closeout Change Order (Overruns) ($ 200.00)
Use of Contingency $22,759.04
Remaining Contingency ($ 330.14)
H.T.E. Purchase Order balance $ 24,504.81
Increase PO Closeout Change Order $ 2,868.15
Request for FINAL PAYMENT – CLOSEOUT $ 27,372.96
Total Payments to Contractor $247,048.09
TOTAL PROJECT COST $247,048.09
The Utilities Department recommends approval of final payment in the amount of
$27,372.96 in accordance with the attached application for payment.
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H?
A new force main pipe located
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
beneath the Intracoastal Waterway was installed using a horizontal directional drill
method and the old, deteriorated force main pipe was abandoned. The force main pipe
connects to the City’s Lift Station No. 102 that serves the barrier island. The
abandoned section of force main pipe required replacement due to age and
deterioration. The City had faced possible fines by the FDEP due to prior spills into the
Intracoastal Waterway, and emergency repairs were done by the Utilities Department
until this project could be completed. Construction permits were obtained from and
monitored by the FDEP and the U.S. Army Corps of Engineers.
FI:
Funds are available in Account #403-5000-590-96-04 SWR064.
ISCAL MPACT
A:
The force main connection to the City’s Lift Station No. 102 is
LTERNATIVES
necessary to provide sanitary sewer service to the barrier island, and installation of the
new force main was critical due to the age and deteriorated condition of the existing
pipeline. If the City had not constructed the new force main, we would have faced
possible fines up to $5,000 per day and potential regulatory action by FDEP.
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6. E
CONSENT AGENDA
June 5, 2012
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD:
June 5, 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
EQUESTED CTION BY ITY OMMISSION
regular meeting held on May 15, 2012
The City Commission met on May 15, 2012 and minutes were prepared from the notes
taken at the meeting. The Florida Statutes provide that minutes of all Commission
meetings be prepared, approved and maintained in the records of the City of Boynton
Beach.
H?
A record of the actions taken by
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
the City Commission will be maintained as a permanent record.
FI:
N/A
ISCAL MPACT
A:
N/A
LTERNATIVES
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6. F
CONSENT AGENDA
June 5, 2012
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD:
June 5, 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 submittal of a historic preservation
EQUESTED CTION BY ITY OMMISSION
grant application for a public education program to the Florida Department of State Division of
Historical Resources and provide a letter of support
ER:
The Florida Department of State, Division of Historical
XPLANATION OF EQUEST
Resources offers historic preservation grants annually. As the City will soon have
Certified Local Government (CLG) certification, it is eligible to apply for a CLG grant
which is normally up to $25,000. The grant application must be submitted by June 29,
2012, and, if successful, the grant period for completing the project will be July 1, 2013
to June 30, 2014. No match is required for this CLG grant. Grant monies are paid on a
reimbursement basis over four reporting periods through the year. All project costs
could be incurred and reclaimed in the 2014 financial year.
If awarded, the grant will be used to fund an educational program comprised of several
elements to benefit schoolchildren, residents, and visitors. The proposed project will
incorporate a heritage trail, information plaques, printed brochures, and an interactive
map on the City website.
A heritage trail of approximately 20 significant sites around Boynton Beach will be
established. Each site will be identified with a plaque which would contain information
on the site and a Quick Response (QR) code which may be scanned by a smart phone
for further information. Brochures indicating the route of the heritage trail will be
published and distributed free of charge. The brochures will contain a brief description
of each site as well as the QR codes so they can be used in a classroom setting or by
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visitors when they return home. The mid-point of the trail could be Ocean Avenue as
part of promoting awareness and patronage of local businesses.
The grant will also fund the creation of an interactive map on the City website. The map
will comprise several layers which would provide educational information on subjects
such as the City’s growth patterns, the heritage trail, historic sites, historic street names,
and historic burial plots at the City’s three cemeteries.
The plaques and brochures will be manufactured by outside companies; however, the
computer-based elements and survey work will be completed in-house. The Division of
Historical Resources has confirmed that grant money can be used by one department to
pay for services provided by another.
As stated above, no match is required for this CLG grant; however, providing a partial
match is likely to aid in the ranking of the application. This partial match may consist of
“in-kind services” which could be represented by internal staff hours as well as by
donated assistance time from the Historical Society. Given the magnitude of heritage
trail sites located in the CRA area, and potential benefit to commerce within the
downtown area, a cash donation will be requested from the CRA.
It is possible the full request for $25,000 will not be awarded. As the proposed project is
comprised of several elements, the project can be easily amended in conjunction with
the amount of the ultimate award. The heritage trail and interactive map can be easily
expanded in the future and the trail can be incorporated with other City initiatives such
as greenways and blueways.
The proposed grant-funded project meets the four Community Education Priorities listed
by the Division of Historical Resources:
1. Historic preservation education programs for school children;
2. Projects having to do with minority historic preservation;
3. General publications about preservation; and
4. Self-guided tours of historic areas.
A breakdown of the projected cost of each component is being compiled for
th
presentation at the June 5 meeting.
H?
The grant-funded project will help
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
promote the historic preservation program, provide a valuable learning tool for
schoolchildren and visitors, encourage heritage tourism, and attract customers to the
downtown area and its businesses.
FI:
No match is required; however, the departments involved in the project
ISCAL MPACT
will be requested to donate some of their time for use as a match.
A:
Do not approve submittal of the grant application and do not provide a
LTERNATIVES
letter of support.
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6. G
CONSENT AGENDA
June 5, 2012
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD:
June 5, 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 resignation of Janelle Sloan, a regular
EQUESTED CTION BY ITY OMMISSION
member of the Recreation and Parks Board
ER:
Janelle Sloan submitted an email resigning from the
XPLANATION OF EQUEST
Recreation and Parks Board for personal reasons.
H?
The Recreation and Parks Board
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
will have an opening for a regular member.
FI:
N/A
ISCAL MPACT
A:
N/A
LTERNATIVES
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6. H
CONSENT AGENDA
June 5, 2012
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD:
February 21, 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 resignation of Robert Bucella, an
EQUESTED CTION BY ITY OMMISSION
alternate member of the Recreation and Parks Board
ER:
Robert Bucella submitted an email declining his
XPLANATION OF EQUEST
appointment as an alternate on the Recreation and Parks Board. Mr. Bucella does
serve as an alternate on the Code Compliance Board and wishes to continue in that role
only.
H?
The Recreation and Parks Board
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
will have a vacant position.
FI:
None
ISCAL MPACT
A:
None
LTERNATIVES
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9. A
PUBLIC HEARING
June 5, 2012
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD:
06/05/2012
OMMISSION EETING ATE
O PH
PENINGSUBLIC EARING
O CM’R
THERITY ANAGERS EPORT
A/P UB
NNOUNCEMENTSRESENTATIONSNFINISHED USINESS
NO
ATURE F
A NB
DMINISTRATIVEEW USINESS
AI
GENDA TEM
CA L
ONSENT GENDAEGAL
BP$100,000 FAI
IDS AND URCHASES OVER UTURE GENDA TEMS
CCL
ODE OMPLIANCE AND EGAL
S
ETTLEMENTS
RACC:
PROPOSED ORDINANCE NO 12-011 - FIRST
EQUESTED CTION BY ITY OMMISSION
READING - Approve amendments to the LDR to 1) decrease the required removal frequency
from daily to weekly, limited to those MVUs meeting minimum setback requirements and
classified by the State as Mobile Food Dispensing Vehicles (MFDVs); and 2) to accommodate
limited connection to utilities. Applicant: City Initiated
ER:
The City’s MVU regulations (Ordinance 07-024) apply broadly to
XPLANATION OF EQUEST
all types of mobile vendors, whether providing a service or selling merchandise or food. Mobile
food vendors are also regulated by the Florida Department of Business and Professional
Regulation, Division of Hotels and Restaurants. The State regulates them as either a Hot Dog
cart (HTDG license) or a Mobile Food Dispensing Vehicle (MFDV license). The State requires
an MVU with a HTDG license to return daily to its commissary for cleaning, and requires an
MVU with a MFDV license to return weekly to its commissary for cleaning (see Exhibit “A”).
Staff is proposing to modify certain regulations for mobile vendors with a MFDV license to be
more consistent with State requirements. The revisions would apply mainly to MFDV food
vendors on very large parcels (home improvement stores, big box retail stores, etc.), and
located within close proximity to the principal building at a great distance from streets and
sidewalks to avoid any visual impacts upon abutting rights-of-way or abutting properties.
This is a City-initiated code review whereby staff is proposing to modify the Land Development
Regulations (LDR) to allow mobile vending units to be removed once a week (rather than on a
daily basis) from an approved location, provided that all of the following apply: (1) the approved
and assigned location for the MVU is on private property; (2) the MVU is a Class “B” greater
than 72 square feet in size and licensed with the State as a Mobile Food Dispensing Vehicle
(MFDV); and (3) the approved location is a minimum of 250 feet from any right-of-way.
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Staff is also proposing to modify the LDR to allow utility service connections when said
connections are located between the building and the MVU, with the connections not extending
more than five (5) feet from the building wall of the principal use on site, and the external
connections placed in such a manner as not to cross any pedestrian pathways. This
modification acknowledges the power needs of the larger MVU’s, and the benefits of them using
an available power source from within the building, rather than a generator that would have
negative impacts (e.g. noise).
Staff is proposing that this item be expedited to minimize the delay in setup and operation of an
MFDV approved for the Lowes Home Improvement Center. The unit had been constructed and
purchased overlooking the requirement for daily removal. Due to unit design and type of food
prepared, daily breakdown and removal isn’t cost effective. Given the location, adjacent land
uses, property size, and distance form the right-of-way, no negative impacts are anticipated,
and benefits would realized by employees, customers and the small business industry. Staff will
inform the Commission of the recommendation from the Planning & Development during their
th
brief presentation on June 5.
H?
N/A
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
FI:
N/A
ISCAL MPACT
A:
To approve the request with further revisions or deny the proposed
LTERNATIVES
code revision and keep the current MVU regulations.
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ORDINANCE NO. 12-
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON
BEACH, FLORIDA AMENDING THE LAND DEVELOPMENT REGULATIONS BY
AMENDING CHAPTER 3, ARTICLE V, SECTION 10G, DECREASING THE
REQUIRED REMOVAL FREQUENCY; AMENDING CHAPTER 3, ARTICLE V,
SECTION 10F, ACCOMMODATING LIMITED CONNECTION TO UTILITIES;
PROVIDING FOR CONFLICTS, SEVERABILITY, CODIFICATION AND AN
EFFECTIVE DATE.
WHEREAS,
the City’s MVU regulations apply broadly to all types of mobile vendors,
whether providing a service or selling merchandise or food; and
WHEREAS
, the State requires an MVU with a HTDG license to return daily to its
commissary for cleaning, and requires an MVU with a MFDV license to return weekly to its
commissary for cleaning; and
WHEREAS
, staff is proposing to modify the Land Development Regulations (LDR) to
allow mobile vending units to be removed once a week (rather than on a daily basis) from an
approved location, provided that all of the following apply: (1) the approved and assigned
location for the MVU is on private property; (2) the MVU is a Class “B” greater than 72 square
feet in size and licensed with the State as a Mobile Food Dispensing Vehicle (MFDV); and (3)
the approved location is a minimum of 250 feet from any right-of-way; and
WHEREAS,
Staff is also proposing to modify the LDR to allow utility service
connections when said connections are located between the building and the MVU, with the
connections not extending more than five (5) feet from the building wall of the principal use on
site, and the external connections placed in such a manner as not to cross any pedestrian
pathways which acknowledges the power needs of the larger MVU’s, and benefits of them using
an available power source from within the building, rather than a generator that would have
negative impacts; and
WHEREAS
, upon recommendation of staff, the City Commission of the City of Boynton
Beach deems it to be in the best interest of the citizens and residents of the City to amend the
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Land Development Regulations to decrease the required removal frequency from daily to
weekly, limited to those MVUs meeting minimum setback requirements and classified by the
State as Mobile Food Dispensing Vehicles and accommodating limited connection to utilities.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA, THAT:
.
Section 1The foregoing whereas clauses are true and correct and are now ratified and
confirmed by the City Commission.
Section 2. Chapter 3, Article V, Section 10G, of the Land Development Regulations,
is hereby amended by adding the words and figures in underlined type, as follows:
G.Removal. Each MVU shall be removed daily. An MVU shall not remain on any public
or private property, or within any rights-of-way, between the hours of midnight and 6:00
a.m. and shall be required to be removed from the site daily, unless all of the following
requirements are met:
a.the approved and assigned location for the MVU is on private property;
b.the MVU is a Class “B” MVU greater than 72 square feet in size and licensed
with the State as a Mobile Food Dispensing Vehicle (MFDV);
c.the approved location for the MVU is a minimum of 250 feet from any right-of-
way.
If a mobile vendor meets all of the criteria above (in a.-c.), the MVU shall be required to
be removed from site to the commissary for cleaning at least once per week in
accordance with State requirements.
Section 3. Chapter 3, Article V, Section 10F, of the Land Development Regulations,
is hereby amended by adding the words and figures in underlined type, as follows:
F. Location Criteria. An MVU shall be limited to one (1) assigned location and must be
self-contained. Utility service connections are not permitted, with the exception of a
Class “B” MVU licensed as a MFDV when the utility service connection is located
between the building and the MVU, and the external utility service connection does not
extend more than five (5) feet from the building wall of the principal use on site, and is
placed in such a manner as not to cross any pedestrian pathways.
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Section 4. Should any section or provision of this Ordinance or any portion thereof
be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the
remainder of this Ordinance.
Section 5. Authority is hereby given to codify this Ordinance.
Section 6. This Ordinance shall become effective immediately.
FIRST READING this ____ day of ____________, 2012.
[REMAINDER OF PAGE INTENTIONALLY LEFT BLANK]
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SECOND, FINAL READING AND PASSAGE this ______ day of ________, 2012.
CITY OF BOYNTON BEACH, FLORIDA
______________________________
Mayor – Woodrow L. Hay
______________________________
Vice Mayor – Mack McCray
______________________________
Commissioner – William Orlove
______________________________
Commissioner – Steven Holzman
______________________________
Commissioner – Marlene Ross
ATTEST:
___________________________
Janet M. Prainito, MMC
City Clerk
(Corporate Seal)
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9. B
PUBLIC HEARING
June 5, 2012
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD:
June 5, 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. 12-007 -
EQUESTED CTION BY ITY OMMISSION
SECOND 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. (Tabled
on 05-15-12)
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
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3. Temporary Account Activation.
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 -
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Meter Services staff, including supervisor’s time,
Customer Relations monitoring,
Police time to create reports, and
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.
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.
Based on a review of past records regarding these services, the added revenues should
exceed $6,000. In addition, the tampering fees would raise an unknown amount of
added revenues and should also serve as a deterrent to customers for tampering which
can be very costly.
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
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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:
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
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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.)
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:
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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.
(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.
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(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 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
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_____________________
Janet M. Prainito, MMC
City Clerk
(CORPORATE SEAL)
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10. A
CITY MANAGER’S REPORT
June 5, 2012
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD:
June 5, 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 incorporation of five new job
EQUESTED CTION BY ITY OMMISSION
classification descriptions/titles into the City's pay plan.
ER:
In order to facilitate the reorganization of personnel
XPLANATION OF EQUEST
resources in the Development Department to assist us accomplishing our Economic
Development Initiatives, staff is requesting the following classification descriptions be
incorporated into the City’s pay plan: 1) Economic Development Manager; 2)
Development Services Coordinator; 3) Business Development Specialist; 4)
Development Services Supervisor; and 5) Business Systems Analyst.
Over the past two years the Development Department has experienced a reduction in
personnel of twelve (12) positions. This, coupled with changes in our customer service
demands, has necessitated department leadership to re-evaluate the job duties and
responsibilities of current personnel classifications to better define their roles to meet
the changing needs/demands.
H?
With the significant change in
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
staffing level and the adoption of the Economic Development Implementation Program,
the department has realigned and consolidated its business practices to assure
continued delivery of service. Development has seen a 57% increase in the
department’s average monthly activity over the past year. This is a good sign. We
anticipate a continued climb in activity.
FI:
The implementation of the Economic Development Program was
ISCAL MPACT
approved (October 2011) through City Commission’s Initiative Item #40, and this
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initiative supported the position of Economic Development Manager. The addition of
these titles into our pay plan does not increase our employee head count. Several
positions have been eliminated and/or reclassified. This change does not increase the
number of budgeted positions. Four of the five positions could be filled internally.
The impact of this reorganization on the current budget yields a savings in personnel
costs due to vacancy and adjustments in salaries and does not exceed the approved
budget.
A:
Do not add position classifications/titles to pay plan.
LTERNATIVES
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10. B
CITY MANAGER’S REPORT
June 5, 2012
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD:
June 5, 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 follow up report - Provide direction on
EQUESTED CTION BY ITY OMMISSION
developing an in-house medical clinic.
ER:
At the February 7, 2012 City Commission meeting,
XPLANATION OF EQUEST
presentation was made by Human Resources and Risk Management discussing the
opportunity to establish an In-House Medical Clinic as part of the City’s employee
benefits and workers’ compensation programs. Staff was directed to report back to the
City Commission with plans for determining feasibility of establishing an In-House
Medical Clinic.
H?
Availability of an In-House Medical
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
Clinic would be expected to reduce the costs to the City in the areas of health insurance
benefits, occupational medicine costs and workers’ compensation medical costs.
Availability of In-House Medical Clinic would also be expected to enhance the level of
medical services including preventive medicine and medical education for both
employees and insured family members.
FI:
There will be initial start up costs and annual costs to operate the clinic
ISCAL MPACT
which will be determined through RFP process.
A:
Discontinue analysis of implementing In-House Medical Clinic.
LTERNATIVES
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11. A
UNFINISHED BUSINESS
June 5, 2012
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD:
June 5, 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 update report from staff on temporary
EQUESTED CTION BY ITY OMMISSION
provisions for feather banner signs and support a 12-month extension of said provisions
ER:
On December 6, 2011 the Commission approved Ordinance
XPLANATION OF EQUEST
11-030 modifying the City’s sign regulations for a trial period of 6-months. The
temporary regulations established a term and definition; size, quantity, location, and
duration standards; and the procedural requirements necessary to facilitate the
permitting of this new type of a temporary sign. See attached ordinance for the specific
feather banner provisions.
Ordinance 11-030 indicated that the trial period would be evaluated to determine if the
use of temporary banner signs provides benefit to the business community compared
with any negative aesthetic impacts. Staff will attempt to contact permit holders to obtain
feedback on the benefits to businesses from the use of the feather banners, and will
th
report any findings on June 5.
With respect to permit activity, there were a total of 11 permits issued for feather
th
banners between December 6, 2011 and May 16, compared to a total of 8 permits
issued for “fixed” or “static” banners (which is a temporary sign not subject to the trial
code provisions).
To obtain additional information on the use of temporary banners including aesthetic
th
impacts, staff chose a random day (April 11) to conduct a “windshield survey” of all
major roadway corridors in the City, and combined with a review of city records
determined the following:
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Banner Survey – April, 2012 Nov. 2011
SIGN TYPE PERMITTED UNPERMITTED UNPERMITTED
Feather Banner 7 9 19
Fixed/Static Banner 4 30 Not surveyed
Findings from this visual survey indicate that there has been a gradual increase in
permit activity involving feather banners (compared with initial permit activity); static
banners remain the more popular temporary sign (possibly attributed to the prior
purchase of a static banner and lack of awareness of the feather banner provisions);
and there continues to be a need for Code Compliance activity particularly given the
magnitude of unpermitted static banners. Staff recommends that the trial period be
extended for 12 months. This recommendation is based on the gradual increase in, but
low permit activity involving feather banners; the low and moderate visual impacts
observed on major corridors; and the minimal administrative impacts experienced
during the initial 6 months. Lastly, staff is aware of at least one business owner that has
recently obtained a banner permit and is in the process of having the sign fabricated;
the extended period will allow more time for displaying their banner and collecting a
return on their advertising dollars.
However, extension of the temporary regulations would be accompanied by an increase
in Code Compliance activity to support the educating of business operators observed
displaying banners without the necessary (or valid) permit, and to cite those repeat
offenders failing to obtain the necessary permits for both feather and static banners.
Code Compliance staff reports that they have given quite a few businesses verbal
instruction on obtaining a permit and the proper placement of the feather banners. Staff
issued 5 notices to correct and 1 citation to date.
H?
N/A
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
FI:
Permits issued for feather banners generated revenues totaling $550
ISCAL MPACT
during the first 5 months of the trial period.
A:
Not extend trial period thereby discontinuing provisions allowing
LTERNATIVES
temporary display of feather banners.
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11. B
UNFINISHED BUSINESS
June 5, 2012
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD:
June 5, 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:
Receive first update from Lansing Melbourne
EQUESTED CTION BY ITY OMMISSION
Group on Old High School Redevelopment Project
ER:
Per the City Commission’s request, Mr. Peter Flotz of the
XPLANATION OF EQUEST
Lansing Melbourne Group will present their first thirty day update to the City
Commission on this project.
The second update is scheduled for the 7/17/12 City Commission agenda due to
th
conflicts with the July 4 holiday.
Attachments: 1) Letter from financial advisor, Swan Development Advisors.
2) Boynton Beach Destination Venue – Building Operations Budget & Pro
Forma
3) Power point presentation – for update
H?
n/a
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
FI:
none
ISCAL MPACT
A:
Not receive update.
LTERNATIVES
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13. A
LEGAL
June 5, 2012
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD:
June 5, 2012
OMMISSION EETING ATE
O PH
PENINGSUBLIC EARING
O CM’R
THERITY ANAGERS EPORT
A/P UB
NNOUNCEMENTSRESENTATIONSNFINISHED USINESS
NO
ATURE F
A NB
DMINISTRATIVEEW USINESS
AI
GENDA TEM
CA L
ONSENT GENDAEGAL
BP$100,000 FAI
IDS AND URCHASES OVER UTURE GENDA TEMS
CCL
ODE OMPLIANCE AND EGAL
S
ETTLEMENTS
RACC:
PROPOSED ORDINANCE NO. 12-012 - FIRST
EQUESTED CTION BY ITY OMMISSION
READING - Approve amendments to Code of Ordinances Part II, Chapter 13 "Licenses",
replacing the term "Business Tax Application" with "Certificate of Use", and removing Article I,
Sec. 13-28 "Licensing of used car lots"
ER:
Recent activity during the last legislative session indicates that the
XPLANATION OF EQUEST
State is considering eliminating the ability of the City to impose a local Business Tax. In order
to enable the City to verify that a business use is compatible with local zoning and building
occupancy requirements, staff is recommending the establishment of a Certificate of Use
process, as a prerequisite to obtaining a local Business Tax Receipt.
The Ordinance proposes a change to the Code that will require an applicant to first obtain a
Certificate of Use as a condition precedent to obtaining a local Business Tax Receipt. The
Certificate of Use will be processed through the Planning and Zoning Department, and confirms
that the occupancy of the structure meets code, certifies that the use is permitted according to the
City’s Zoning Code, verifies that the structure was built for the proposed type of business. Once
a Certificate of Use is obtained, a Local Business Tax Receipt, which is required to engage in
business within the City, may then be applied for and issued.
Additionally, Section 13-28 will be removed to avoid conflict with existing zoning and land use
regulations in Code of Ordinances Land Development Regulations Part III.
H?
Staff currently reviews all applications
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
for zoning capability and inspects each site for building code compliance through the Business
Tax Receipt process. This amendment will separate the 2 processes and require an applicant to
obtain a Certificate of Use from Planning and Zoning in order to insure compliance with zoning
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as a condition precedent to obtaining a Business Tax Receipt authorizing the applicant to conduct
business within the City.
FI:
N/A
ISCAL MPACT
A:
Continue to license all businesses solely through the Business Tax Receipt
LTERNATIVES
.
process
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ORDINANCE 12-
AN ORDINANCE OF THE CITY OF BOYNTON BEACH,
FLORIDA AMENDING CHAPTER 13 OF THE CITY CODE
OF ORDINANCES TO REQUIRE A CERTIFICATE OF USE
AS A CONDITION PRECEDENT TO OBTAINING A
BUSINESS TAX RECEIPT; AMENDING CHAPTER 13,
ARTICLE I BY REMOVING SECTION 13-28, “LICENSING
OF USED CAR LOTS” IN ITS ENTIRETY;PROVIDING FOR
CONFLICTS, SEVERABILITY, CODIFICATION AND AN
EFFECTIVE DATE.
WHEREAS,
the City Commission desires to amend the City’s Code of Ordinances to
provide for a mechanism to insure that a business use is compatible with local zoning and building
occupancy requirements; and
WHEREAS,
the City Commission wishes to establish a Certificate of Use process, as a
prerequisite to obtaining a local Business Tax Receipt; and
WHEREAS,
the Certificate of Use will insure that a business is allowed in the zoning
district in which it is located, and will verify that the structure can accommodate the proposed type
of business; and
WHEREAS,
a Certificate of Use be issued only after the approval of all required
inspections of the premises, and a determination that the buildings, structures, or uses are consistent
with the terms of the City’s Code of Ordinances and any other applicable Codes and Statutes; and
WHEREAS
, the City Commission finds that amending the City’s Code of Ordinances in
accordance with the provisions set forth herein is in the best interest of the citizens and residents of
the City.
NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY
OF BOYNTON BEACH:
Section 1. The foregoing “Whereas” clauses are hereby ratified and confirmed as being
true and correct and are incorporated herein by this reference.
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Section 2. Chapter 13 of the City’s Code of Ordinances is hereby amended to read as
follows:
SEE EXHIBIT "A" WHICH IS ATTACHED HERETO AND
INCORPORATED HEREIN BY REFERENCE
Section 3. The City Clerk is directed to forward a copy of this Ordinance to the
publisher of the City of Boynton Beach Code of Ordinances.
Section 4. Each and every other provision of the Code of Ordinances not herein
specifically amended, shall remain in full force and effect as originally adopted.
Section 5. All laws and ordinances applying to the City of Boynton Beach in conflict
with any provisions of this ordinance are hereby repealed.
Section 6. Should any section or provision of this Ordinance or any portion thereof
be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the
remainder of this Ordinance.
Section 7. Authority is hereby given to codify this Ordinance.
Section 8. This Ordinance shall become effective immediately upon adoption.
FIRST READING
this _____ day of ____________________, 2012.
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SECOND, FINAL READING and PASSAGE
this _____ day of ___________, 2012.
CITY OF BOYNTON BEACH, FLORIDA
_________________________________
Mayor – Woodrow L. Hay
_________________________________
Vice Mayor – Mack McCray
_________________________________
Commissioner – William Orlove
_________________________________
Commissioner – Steven Holzman
_________________________________
Commissioner – Marlene Ross
ATTEST:
_____________________________
Janet M. Prainito, MMC
City Clerk
(Corporate Seal)
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Chapter 13
LICENSES*
Art. I. Business Tax Receipts, §§ 13-1—13-51
Art. II. Garage Sales, § 13-52—13-58
*Editor's note-Ord. No. 94-15, § 1, adopted June 21, 1994, provided for the deletion of Art. I, In
general, and Art. II, Contractors, substantive sections thereof being §§ 13-1—13-22 and 13-33—13.41, as
derived from Ch. 15 of the 1958 Code and numerous ordinances (see the Code Comparative Table,
beginning on page 2701). Ord. No. 94-15 also enacted new provisions designated as Art. I, §§ 13-1—13-
25, herein set out and adopted a fee schedule, Appendix A, which has been designated as § 13-30
pursuant to the city's instruction. Former Art. III, Garage sales, §§ 13-52—13-58, was redesignated as
Art. II by Ord. No. 94-15.
Cross references-Code compliance board generally, § 2-72 et seq.; enforcement of this chapter by
board, § 2-75; county dog license required, § 4-36; regulation of peddlers and solicitors, Ch. 17; taxation
generally, Ch. 23; regulation of taxicabs, Ch. 24.
ARTICLE I. BUSINESS TAX RECEIPTS AND CERTIFICATE OF USE
Sec. 13-1. Purpose; imposition and levy of tax.
The governing body of Boynton Beach hereby establishes the City of Boynton Beach Business Tax
Receipt Code and levies a Business Tax Receipt tax for the privilege of engaging in or managing any
business, profession or occupation within its jurisdiction. The Business Tax Receipt tax is levied on:
(1) Any person who maintains a permanent business location or branch office within the
municipality, for the privilege of engaging in or managing any business within its jurisdiction.
(2) Any person who maintains a permanent business location or branch office within the
municipality, for the privilege of engaging in or managing any profession or occupation within
its jurisdiction.
(3) Any person who does not qualify under subsection (1) or subsection (2)d who transacts any
business or engages in any occupation or profession in interstate commerce, if the Business Tax is
not prohibited by Sec. 8 of Article 1 of the United States Constitution.
(Ord. No. 94-15, § 1, 6-21-94; Ord. No. 95-22, § 2, 7-5-95; Ord. No. 06-096, § 2, 1-2-07)
Sec. 13-2. Definitions.
For the purpose of this chapter, the following words shall have the meaning ascribed to them in this
section, unless the context requires otherwise:
Business Tax Receipt Administrator. The employee of the city designated by the City Manager as
the person responsible for the operations of the division of the city which processes the issuance of
Business Tax Receipts.
Certificate of Use. A review and inspection method by which the city documents the existing
conditions of a property; identifies any non-conformities to be addressed by occupant/owner; establishes
.
current land use and zoning; and grants approval to occupy a given location for specified uses
City. The City of Boynton Beach Florida, its City Manager, or such officers, employees or
departments designated by the City Manager to act on behalf of the city.
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City Manager. The term City Manager shall mean that person holding the position of City Manager
of the City of Boynton Beach, Florida or his/her designee.
Classification. Classification means the method by which a business or group of businesses is
identified by size or type, or both.
Contractor. A contractor shall mean any person whose work is defined in F.S. 489.105(a) through
(p), plus those exceptions as specified in Chapter 13, Boynton Beach Code of Ordinances.
Fiscal year. Fiscal year means October 1 of a calendar year to September 30 of the following
calendar year.
Inventory. Inventory shall mean those items commonly referred to as goods, wares and merchandise
which are held for sale, rental, or lease to others in the ordinary course of business.
Number of workers. The number of workers shall be determined by the total number of paychecks
issued for all full time and part time workers, nonprofessionals, subcontractors, contract workers,
consultants, principals, and partners who worked for the business, occupation or profession during the
previous calendar year. A new business shall be based on the number of workers as of opening day who
are entitled to receive paychecks. All principals and partners in the business shall be deemed as workers
and be included in the calculations.
Person. Person shall mean an individual, firm, partnership, joint adventure, syndicate, or other
group or combination acting as a unit, association, corporation, estate, trust, business trust, trustee,
executor, administrator, receiver, or other fiduciary, and includes the plural as well as the singular.
Professional. A professional shall mean any person engaged in any business, occupation or
profession who is required to maintain an active and valid State of Florida license, permit, or certificate
from any of the state agencies or the Florida Bar.
Specialty contractor. A specialty contractor shall mean any person whose work is limited to a
particular phase of construction, and whose scope is limited to a subset of the activities in F.S. 489.105(a)
through (p), plus those exceptions as specified in Chapter 13, Boynton Beach Code of Ordinances.
Used car lot. Any business location within the municipal limits of the city engaged in the wholesale
or retail sale of secondhand or used automobiles or other type of used motor vehicles.
Vending or other coin-operated machines. Vending machines shall be classified as follows:
(1) Amusement vending machines: Machines such as pinball and video games, pool tables,
amusement rides, and the like.
(2) Product vending machines: Machines vending merchandise of any kind including, but not
limited to, soft drinks, journals, food products, and the like.
(3) Service vending machines: Devices such as lockers, copiers, heart and/or blood pressure
machines, laundry washers/dryers, and the like.
(Ord. No. 94-15, § 1, 6-21-94; Ord. No. 95-22, § 2, 7-5-95; Ord. No. 06-096, § 2, 1-2-07)
Sec. 13-3. Conflict with statute.
The regulation of Business Tax Receipts shall be in accordance with this chapter and with Chapter
205.013-205.1973, Florida Statutes. In the event of any conflict between this Business Tax Receipt Code
and Florida Statutes, TITLE XIV. TAXATION AND FINANCE, Chapter 205 “Local Business Taxes,”
including future amendments, the provisions of Chapter 205 shall control.
(Ord. No. 94-15, § 1, 6-21-94; Ord. No. 95-22, § 2, 7-5-95; Ord. No. 06-096, § 2, 1-2-07)
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Sec. 13-4 Classification and fee schedule.
The City Commission establishes classifications for businesses or groups of business and Business
Tax Receipt taxes therefore as set forth below.
Business Tax Receipt Tax Rate Structure Standard Industrial Classification Businesses, Professions,
Occupations
(* - See note, end of schedule; NEC - See note, end of schedule)
The businesses, professions and occupations subject to the provisions of Chapter 13, the Business Tax
Receipt taxes imposed and levied, the Standard Industrial Classifications assigned, and other requirements
pertaining thereto are as follows:
SIC Description Fee
0742 Veterinarian* 196.35
0752 Animal Specialty Service 88.20
0781 Landscape Architect* 196.35
0782 Lawn & Garden Service 147.00
0783 Tree Trimming 147.00
1520 Contractor - Residential 244.65
1530 Contractor - Building 244.65
1540 Contractor - General 244.65
1611 Contractor - Paving 244.65
1620 Contractor - Heavy Construction 244.65
1623 Contractor - TV Antenna & Tower 244.65
1624 Contractor - Underground Utilities (Ref. 1623) 244.65
1625 Contractor - Concrete (Ref. 1771) 244.65
1626 Contractor - Marine (Ref. 1629) 244.65
1629 Contractor - Tennis Court 244.65
1700 Miscellaneous Specialty 88.20
1701 Asphalt Sealing & Coating (Ref. 1799) 88.20
1702 Landscaping (Ref. 0782) 88.20
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1703 Lathing (Ref. 1742) 88.20
1704 Residential Gutter & Downspout Installation (Ref. 1761) 88.20
1705 Striping (Ref. 1721) 88.20
1706 Vinyl Clad Metal Shelving (Ref. 1799) 88.20
1707 Mirror/Shower Door Installation (Ref. 1799) 88.20
1710 Contractor - Irrigation Sprinkler (Ref. 1711) 244.65
1711 Contractor - Plumbing 244.65
1712 Contractor - Air Conditioning (Ref. 1711) 244.65
1713 Contractor - Mechanical (Ref. 1711) 244.65
1714 Contractor - Fire Sprinkler (Ref. 1711) 244.65
1715 Contractor - Refrigeration (Ref. 1711) 244.65
1716 Contractor - Room Air Conditioning (Ref. 1711) 244.65
1717 Contractor - Septic Tank (Ref. 1711). 244.65
1718 Contractor - Solar Water Heating (Ref. 1711) 244.65
1721 Contractor - Painting 244.65
1731 Contractor - Electrical 244.65
1732 Contractor - Communication & Sound (Ref. 1731) 244.65
1733 Contractor - Burglar & Fire Alarm (Ref. 1731) 244.65
1734 Contractor - Sign - Electrical (Ref. 1731) 244.65
1741 Contractor - Masonry 244.65
1742 Contractor - Plastering 244.65
1743 Contractor - Tile, Terrazzo, & Marble 244.65
1744 Contractor - Drywall (Ref. 1742) 244.65
1745 Contractor - Insulation (Ref. 1742) 244.65
1746 Contractor - Acoustical Tile (Ref. 1742) 244.65
1750 Contractor - Window (Ref. 1751) 244.65
213 of 251
1751 Carpentry & Cabinet Installation 88.20
1752 Contractor - Flooring, NEC 88.20
1753 Contractor - Door (Ref. 1751) 244.65
1754 Contractor - Garage Door (Ref. 1751) 244.65
1761 Contractor - Roofing 244.65
1762 Contractor - Roof Deck (Ref. 1761) 244.65
1763 Contractor - Sheet Metal (Ref. 1761) 244.65
1772 Contractor - Gunite (Ref. 1771) 244.65
1781 Contractor - Well Driller 244.65
1791 Contractor - Reinforcing, Iron & Steel 244.65
1793 Contractor - Glass & Glazing 244.65
1794 Excavation/Grading 88.20
1795 Contractor - Demolition 244.65
1796 Contractor - Elevator 244.65
1797 Contractor - Sign - Nonelectrical (Ref. 1799) 244.65
1799 Contractor - Miscellaneous Special Trade 244.65
1800 Contractor - Aluminum Specialty (Ref. 1799) 244.65
1801 Contractor - Awnings (Ref. 1799) 244.65
1802 Contractor - Boilers and Pressure Piping (Ref. 1799) 244.65
1803 Contractor - Fence Erection (Ref. 1799) 244.65
1804 Contractor - Liquified Petroleum Gas (Ref. 1799) 244.65
1805 Contractor - Ornamental Iron (Ref. 1799) 244.65
1806 Contractor - Pollutant Storage Systems (Ref. 1799) 244.65
1807 Contractor - Pool/Spa (Ref. 1799) 244.65
1808 Contractor - Pool/Spa Service (Ref. 1799) 244.65
1809 Miscellaneous Contractor (Ref. 1799) 244.65
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2024 Manufacturer - Frozen Desserts
Number of workers fee schedule:
Not exceeding 2 persons 108.15
Not exceeding 4 persons 181.65
Not exceeding 6 persons 244.65
More than 6, not exceeding 10 persons 294.00
More than 10, not exceeding 20 persons 367.50
More than 20 persons 551.25
2099 Manufacturer - Food Preparation See 2024
2299 Manufacturer - Textile Goods See 2024
2389 Manufacturer - Apparel and Accessories See 2024
2392 Manufacturer - Slipcovers 88.20
2396 Manufacturer - Fabricated Trimmings See 2024
2399 Manufacturer - Fabricated Textile Products See 2024
2431 Manufacturer - Millwork See 2024
2434 Manufacturer - Cabinetry See 2024
2439 Manufacturer - Structural Members See 2024
2511 Manufacturer - Wood Furniture See 2024
2512 Manufactured - Wood Furniture, Upholstered See 2024
2515 Manufacturer - Mattresses See 2024
2591 Manufacturer - Window Coverings See 2024
2671 Manufacturer - Plastic Packaging See 2024
2711 Manufacturer - Newspaper Publishing/Printing See 2024
2759 Manufacturer - Commercial Printing See 2024
2834 Manufacturer - Pharmaceutical Preparations See 2024
2842 Manufacturer - Cleaning Preparations See 2024
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2844 Manufacturer - Cosmetic Preparations See 2024
2899 Manufacturer - Chemical Preparations See 2024
3083 Manufacturer - Plastic Sheets/Rods See 2024
3089 Manufacturer - Plastic Products, NEC See 2024
3231 Manufacturer - Glass Products See 2024
3271 Manufacturer - Concrete Block/Brick See 2024
3272 Manufacturer - Concrete Products See 2024
3281 Manufacturer - Stone Products See 2024
3354 Manufacturer - Aluminum Extruded Products See 2024
3442 Manufacturer - Metal Products See 2024
3446 Manufacturer - Ornamental Metal Products See 2024
3479 Manufacturer - Coating Application See 2024
3499 Manufacturer - Fabricated Metal Accessories See 2024
3542 Manufacturer - Machinery/Equipment See 2024
3559 Manufacturer - Special Industry Machinery See 2024
3569 Manufacturer - General Industrial Machinery See 2024
3571 Manufacturer - Computers See 2024
3599 Manufacturer - Machine Shop See 2024
3629 Manufacturer - Electrical Industrial Products See 2024
3663 Manufacturer - Communications Equipment See 2024
3679 Manufacturer - Electronic Components See 2024
3728 Manufacturer - Aircraft Parts See 2024
3861 Manufacturer - Photographic Equipment Processing See 2024
3911 Manufacturer - Jewelry See 2024
3942 Manufacturer - Dolls See 2024
3949 Manufacturer - Sporting Goods See 2024
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3993 Manufacturer - Advertising Specialties See 2024
3999 Manufacturer - Miscellaneous, NEC See 2024
4013 Railroad Company 196.35
4118 Ambulance Service (Ref. 4119) 97.65plus 33.60per vehicle
4119 Transportation Service, NEC 97.65plus 33.60per vehicle
4121 Taxi/Limousine Service 97.65 plus 33.60per vehicle
4131 Bus Service 97.65plus 33.60per vehicle
4173 Bus Service/Depot 97.65
4210 Trucking Service 73.50per vehicle
4222 Cold Storage, per square foot
Warehouse, per square footage fee schedule:
5,000 square feet or fraction thereof 220.50
Each additional 5,000 square feet 21.00
4225 Warehouse - Storage, per square foot See
4493 Marina 88.20
4498 Marine Detailing (Ref. 4499) 88.20
4522 Air Transportation, Nonscheduled 88.20
4724 Travel Bureau* 147.00
4725 Tour Operator 88.20
4731 Freight Forwarding Service 147.00
4780 Packing & Crating 147.00
4783 Express Company 294.00
4813 Telephone Communications 294.00
4822 Telegraph & Other Communications 88.20
4841 Television Services 147.00
4899 Communication Services, NEC 88.20
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4924 Natural Gas Distribution 294.00
4925 Liquified Petroleum Gas Distribution 294.00
5099 Merchant - Wholesale, per inventory
Wholesale, per inventory fee schedule:
Not exceeding $5,000 244.65
More than $5,000, not exceeding $25,000 342.30
More than $25,000, not exceeding $100,000 489.30
More than $100,000, not exceeding $500,000 735.00
More than $500,000 880.95
5197 Advertising Specialties Sales (Ref. 5199) 88.20
5211 Lumber Company, per inventory See 5399
5261 Nursery: Trees/Plants, per inventory See 5399
5399 Merchant - Retail, per inventory
Retail, per inventory fee schedule:
Not exceeding $5,000 97.65
More than $5,000, for each additional $1,000
or fraction thereof 5.15
5411 Grocery, per inventory See 5399
5421 Market - Meat/Fish/Poultry, per inventory See 5399
5461 Bakery 147.00
5511 Automobile Dealer* 196.35
5531 Auto Parts, per inventory See 5399
5541 Gas Station 147.00
5699 Dressmaking Shop 58.80
5719 Blinds, Shades, Drapery 147.00
5810 Ice Cream Parlor 58.80
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5811 Caterer 147.00
5812 Restaurant 3.41per seat, 97.65 minimum
5813 Drinking Places 489.30
5912 Pharmacy, per inventory See 5399
5930 Antique Shop 147.00
Antique stores and auction houses, selling only objects
of value such as quality restored antiques, art objects,
jewelry, and the like, but not used merchandise generally.
5932 Used Merchandise Stores 147.00
5933 Pawnbroker 656.25
5944 Jewelry Shop, per inventory See 5399
5945 Handicraft Shop, per inventory See 5399
5961 Mail Order/Catalog 88.20
5962 Vending Machine - Coin-Operated
(a) Amusement Vending Machines:
Each operator 196.88
In addition, for each machine 26.25
(b) Service Vending Machines:
Each operator 65.63
In addition, for each machine 26.25
(c) Merchandise Vending Machines:
Each operator 65.63
In addition, for each machine as follows:
Requiring deposit under .35 26.25
Requiring deposit over .35 39.38
(Coin-operated Auto Wash and Laundry Machines are addressed separately, under SIC 7543 and
SIC 7215, respectively). The following coin-operated machines are exempt from Business Tax Receipt
requirements:
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Cigarette vending machines (F.S. 210.03)
Federal postage stamp machines, Parcel checking
lockers, and Toilets (F.S. 205.63)
Unadulterated Florida-produced citrus juice
vending machines (F.S. 205.632)
Furthermore, no Business Tax Receipt shall be required for coin-operated machines where the
vending machines are owned and operated by charitable or benevolent nonprofit organizations and where
the entire proceeds of such machines are used solely for recognized charitable or benevolent purposes.
No Business Tax Receipt shall be required for the operation of any machines where such machines are
owned by a person who is otherwise issued a Certificate of Use by the city, and such machines are located
and operated at the owner's regular place of business.
5963 Vending - Mobile 88.20
5964 Ice Cream Truck (Ref. 5963) 97.65plus 33.60per vehicle
5965 Lunch Wagon (Ref. 5963) 97.65plus 33.60per vehicle
5992 Florist, per inventory See 5399
5995 Optician* 196.35
5998 Auction Company (Ref. 5999) 1443.75
6020 Bank - Commercial 367.50
6030 Bank - Savings 367.50
6098 Check Cashing Agency 294.00
6099 Financial Services, NEC 294.00
6141 Investment & Trading 294.00
6162 Mortgage Company* 294.00
6163 Mortgage Broker* 147.00
6211 Broker - Securities* 294.00
6282 Investment Advice 88.20
6410 Insurance Agent 49.35
6411 Insurance Company 88.20
6412 Medical Claims Processing Service (Ref. 6411) 88.20
220 of 251
6513 Apartment Building 3.68per room, 33.60minimum
6514 Rental property four (4) units or less, including single family residential rentals 3.68per room
33.60minimum
Business Tax Receipts Procedure:
Every rental unit used for residential living purposes in the city must have a Certificate of Use and
unless otherwise exempt, must be issued a Business Tax Receipt. This includes rental property four units
or less, including single family residential rentals, condominiums, and mobile homes.
st
Business Tax Receipts are issued for a period of twelve months, from October 1 to the following
th
September 30. They must be renewed annually. To avoid renewal late fees, rental Business Tax Receipt
stth
fees are payable by October 1. After January 30, late renewals require a Code Compliance (interior and
exterior) inspection of the property.
Whenever a rental property is sold or otherwise changes ownership, the new owner must do the
following:
(1) Apply for a new Certificate of use and rental Business Tax Receipt;
(2) Schedule an inspection of the rental with the Code Compliance Division.
If the inspection process should reveal Zoning, Building, Housing or Fire Code violations, they
must be corrected and a re-inspection made by the appropriate department. The owner is given adequate
time to correct any violations. All violations must be corrected before occupancy will be approved.
Any property that has been found in violation by a code compliance board of the city shall be
required to be inspected after six (6) months from the date of the hearing, and again at twelve (12) months
after the date of the hearing in which the property was found to be in violation.
The owner of a property that has been found to be in violation by a code compliance board of the
city shall be required to pay an inspection fee of seventy-five dollars ($75.00) for each of the inspections
required. The required inspection fees shall be included as part of the administrative costs assessed by the
city and shall be included in any liens filed by the city.
NOTE: Fees may change from time to time by Ordinance of the City Commission. The
application for Certificate of Use and information forms for rental Business Tax Receipts are available on
line at the City’s website and at the Development Services Division of City Hall, 100 East Boynton Beach
Boulevard. It should be noted that post office boxes are not acceptable addresses for mailing purposes,
and actual street addresses are required on the application.
Designation of resident agent: No Certificate of Use and Business Tax Receipt shall be issued by the
city for a rental dwelling located on a rental premises unless the applicant therefore designates in writing
to the city the name, address, and local telephone number of the owner or resident agent to receive service
of notice of violation of this Code. The owner may designate as his or her resident agent any natural
person eighteen (18) years of age or older who is customarily present at a business location within the city
for the purposes of transacting business, or who actually resides within the city. An owner may change
his or her designation of a resident by notifying the city in writing of the name, address, and local
telephone number of the person designated by the owner to replace the previous resident agent. Any
notice of violation or legal process which has been delivered or served upon the previous resident agent
prior to the receipt of the city of notice of change of the resident agent shall be deemed effective service.
It shall be the sole responsibility of the owner to appoint a reliable resident agent and to inform the
221 of 251
resident agent of his correct mailing address. Failure to do so shall be no defense to a violation of this
Code. No owner shall designate as a resident agent any person who does not expressly comply with the
provisions of this section. The owner or the resident agent shall be deemed to be the “violator” as the
term is used in F. S. § 162.06(2). Service of notice of the resident agent shall be deemed service of notice
of the owner, tenant and violator.
6530 Property Management* 88.20
6531 Real Estate Broker* 88.20
6532 Real Estate Salesperson* 49.35
6541 Title Abstract Office 294.00
6552 Subdividers & Developers, NEC 147.00
7011 Hotels & Motels 3.68 room, 33.60minimum
7033 Trailer Parks & Campsites 97.65plus 3.41per lot or site
7212 Laundry/Dryclean - Drop Only 97.65
7214 Carpet Cleaning, Mobile (Ref. 7217) 88.20
7215 Laundry Machines, Coin-Operated 65.63plus 1.31per machine
7216 Dry Cleaning Establishments 196.35
7217 Carpet/Upholstery Cleaning, Commercial 196.35
7219 Laundry & Garment Services, NEC 58.80
7221 Photography 147.00
7230 Beauty school 196.35
7231 Beauty Parlor, Etc.*
One chair 73.50
Each additional chair or manicurist 19.95
7232 Nail Salon* (Ref. 7231)
One manicurist table 73.50
Each additional manicurist 19.95
7241 Barber Shops*
One chair 73.50
222 of 251
Each additional chair 19.95
7251 Shoe Repair & Shoe Shine Parlor 58.80
7261 Funeral Director* 196.35
7290 Debt Counseling Service (Ref. 7299) 88.20
7291 Income Tax Service 147.00
7292 Valet Parking (Ref. 7299) 88.20
7293 Tanning Salon (Ref. 7299) 88.20
7294 Weight Loss Center (Ref. 7299) 88.20
7295 Family - Home Child Care (Ref. 7299) 88.20
7296 Dating Service (Ref. 7299) 88.20
7297 Electrolysis* (Ref. 7299) 88.20
7298 Massage Therapist* 97.65
7299 Miscellaneous Personal Services, NEC 88.20
7311 Publication Service, NEC 147.00
7319 Advertising 244.65
7322 Collection Agency* 147.00
7323 Credit Association 147.00
7334 Photocopying/Duplicating Service 88.20
7336 Commercial Art/Graphic Design 88.20
7337 Typing Service 88.20
7338 Secretarial Services 147.00
7342 Exterminator 147.00
7348 Miscellaneous Commercial Services, NEC 88.20
7349 Janitorial Service 147.00
7359 Rental Service 147.00
7361 Employment Agency 88.20
223 of 251
7362 Nursing Registry 88.20
7370 Data Processing Service 88.20
7371 Computer Programming Service 147.00
7376 Computer Services 88.20
7378 Computer Maintenance & Repair 88.20
7379 Computer Related Services 88.20
7380 Private Detective* 88.20
7381 Security Service* 88.20
7384 Photofinishing Laboratories 147.00
7385 Books, Periodicals, News Bureaus (Ref. 7389) 88.20
7386 Auto Broker (Ref. 7389) 147.00
7387 Messenger Service (Ref. 7389) 58.80
7388 Appraiser* (Ref. 7389) 196.35
7389 Business Services, NEC 88.20
7390 Handyman (No new licenses only renewals) 147.00
7391 Interior Designer* (Ref. 7389) 196.35
7392 Manufacturer's Representative (Ref. 7389) 147.00
7393 Telemarketing/Soliciting* (Ref. 7389) 147.00
7394 Auctioneer* (Ref. 7389) 244.65
7395 Interior Decorator (Ref. 7389) 147.00
7396 Agent or Agency (Ref. 7389) 88.20
7397 Answering Service (Ref. 7389) 88.20
7398 Arts & Crafts - Handmade (Ref. 7389) 88.20
7399 Asbestos Consultant (Ref. 7389) 88.20
7400 Boat Broker (Ref. 7389) 88.20
7401 Draftsman (Ref. 7389) 88.20
224 of 251
7402 Executive Office (Ref. 7389) 88.20
7403 Furniture Installation (Ref. 7389) 88.20
7404 Home Demonstrator (Ref. 7389) 88.20
7405 Import-Export (Ref. 7389) 88.20
7406 Interpretation & Translation (Ref. 7389) 88.20
7407 Mail Depot (Ref. 7389) 88.20
7408 Music Recording Studio (Ref. 7389) 88.20
7409 Paralegal (Ref. 7389) 88.20
7410 Pool Cleaning - NO chemicals (Ref. 7389) 88.20
7411 Pressure Cleaning (Ref. 7389) 88.20
7412 Sign Painting & Lettering (Ref. 7389) 88.20
7413 Water Softening Service (Ref. 7389) 88.20
7414 Yacht Broker* (Ref. 7389) 88.20
7415 Merchandise Broker (Ref. 7389) 88.20
7416 Financial Consultant (Ref. 7389) 88.20
7417 Showroom (Ref. 7389) 88.20
7418 Courier Service (Ref. 7389) 88.20
7419 Aquarium Service (Ref. 7389) 88.20
7420 Religious/Charitable Organization (Ref. 7389) 88.20
7421 Pet Sitting (Ref. 7389) 88.20
7422 Housesitting (Ref. 7389) 88.20
7423 Embroidery Service (Ref. 7389) 88.20
7424 Diver - Commercial (Ref. 7389) 88.20
7425 Inspection Service - No Appraisal (Ref. 7389) 88.20
7426 Consultant (Ref. 7389) 88.20
7427 Mediation Counselor 88.20
225 of 251
7513 Truck Rental & Leasing 244.65
7514 Passenger Car Rental 244.65
7530 Auto Pinstriping (Ref. 7532) 88.20
7532 Auto Body Shop, per number of workers* See 2024
7536 Auto Glass Installation* 88.20
7538 Auto Mechanical Repair*, per number of workers See 2024
7542 Car Wash 88.20
7543 Car Wash - coin-operated 97.65plus 19.95 per machine
7544 Auto Detailing 58.80
7549 Automotive Services, NEC* 88.20
7550 Wrecker/Towing Service (Ref. 7549) 73.50per vehicle
7551 Window Tinting (Ref. 7549) 88.20
7629 Appliance Repair 88.20
7631 Jewelry Repair 28.35
7641 Reupholstery, per number of workers See 2024
7692 Welding, per number of workers See 2024
7697 Locksmith, per number of workers (Ref. 7699) See 2024
7698 Repair Shops, per number of workers (Ref. 7699) See 2024
7699 Miscellaneous Repair Services, NEC 88.20
7700 Mobile Repair (Ref. 7699) 88.20
7701 Bicycle Repair 88.20
7702 Screen Repair 88.20
7832 Motion Picture Theatre .47per seat, 97.65minimum
7910 Carnival or Circus (Ref. 7999) 489.30
7911 Dance Studio/School 147.00
7922 Miscellaneous Theatrical Services 88.20
226 of 251
7928 Adult Entertainment (Ref. 7929) 1050.00
A floor plan showing square footage of building, indicate portion to be allotted for this use and
seating chart if applicable, plus a site plan to show the off-street parking, shall be submitted for
review with the Certificate of Use. application and filing fee.
7929 Entertainers & Entertainment Groups 88.20
7933 Bowling Alley 49.35per alley
7987 Martial Arts Instruction (Ref. 7999) 88.20
7988 Fishing Guide (Ref. 7999) 88.20
7989 Boat Captain Service (Ref. 7999) 88.20
7990 Athletic Clubs (Ref. 7991) 147.00
7991 Fitness Trainer 88.20
7993 Amusement Arcade, per machine See 5962
7994 Billiards (Ref. 7993) 49.35per table
7995 Special Events (Ref. 7996) 147.00
7997 Bankruptcy Sale (Ref. 7389) 147.00
7998 Miscellaneous Recreation Services, NEC 88.20
7999 Boats - Recreation
Small motor crafts, each 21.00
1 - 5 passenger capacity 73.50
6 - 10 passenger capacity 97.65
10 - 50 passenger capacity 147.00
Over 50 passenger capacity 244.65
8011 Physician* 196.35
8012 Psychiatrist* 196.35
8013 Ophthalmologist 196.35
8021 Dentist* 196.35
8031 Osteopath* 196.35
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8034 Relaxation Therapist (Ref. 8049) 196.35
8035 Psychotherapist (Ref. 8049) 196.35
8036 Psychologist (Ref. 8049) 196.35
8037 Physical Therapist (Ref. 8049) 196.35
8038 Occupational Therapist (Ref. 8049) 196.35
8039 Midwife (Ref. 8049) 196.35
8040 Mental Health Counselor (Ref. 8049) 196.35
8041 Chiropractor* 196.35
8043 Podiatrist* 196.35
8044 Hypnotist (Ref. 8049) 196.35
8045 Dietitian (Ref. 8049) 196.35
8046 Clinical Social Worker (Ref. 8049) 196.35
8047 Audiologist (Ref. 8049) 196.35
8048 Acupuncturist (Ref. 8049) 196.35
8049 Health Practitioners, NEC* 196.35
8051 Skilled Nursing Care Facilities 147.00
8059 Nursing Care Facility, NEC 3.41per room, 33.60minimum
8062 General Medical/Surgical Centers* 196.35
8069 Hospital 147.00
8070 Diagnostic Lab (Ref. 8071) 88.20
8072 Dental Laboratory 196.35
8096 Nursing (Ref. 8099) 97.65
8097 Surgical Technician (Ref. 8099) 97.65
8098 Hearing Aid Specialist (Ref. 8099) 196.35
8099 Health & Allied Services, NEC 97.65
8111 Attorney* 196.35
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8243 Computer Assembly/Setup 88.20
8244 Business School 147.00
8249 Art School 147.00
8296 Ceramic Studio (Ref. 8299) 147.00
8297 Auto Driving School (Ref. 8299) 147.00
8298 Piano/Instrument Instruction 88.20
8299 Schools & Education Services, NEC 147.00
8322 Individual & Family Social Services 206.17
8323 Counselor 88.20
8324 Marriage/Family Therapist* (Ref. 8322) 206.17
8351 Day Care - Children 147.00
8361 Adult Congregate Living Facility* 3.41 per room, 33.60minimum
8399 Social Work Consultant* 88.20
8422 Aquarium 88.20
8610 Business Associations (Ref. 8611) 88.20
8611 Real Estate Board 88.20
8711 Engineer* 196.35
8712 Architect* 196.35
8713 Surveyor* 196.35
8721 Certified Public Accountant* 196.35
8722 Bookkeeper (Ref. 8721) 88.20
8733 Research Organization 88.20
8742 Business/Management Consultant 88.20
8748 Traffic Manager 88.20
8900 Construction Inspector (Ref. 8999) 88.20
8998 Geologist* (Ref. 8999) 196.35
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8999 Services, NEC 88.20
9991 Merchant - temp./regional mall concourse
For four (4) or less temporary (less than a week), and portable, regional mall promotion activities
with sales and located within any or all of the mall concourse areas, mall owners shall pay a Business Tax
Receipt fee of $131.25.
9992 Temporary retail/mall carts
Activities which would otherwise be subject to retail Business Tax Receipt fees, but which are
temporary and portable and located in mall concourse areas, shall be charged a Business Tax Receipt fee
of $39.38for each three-month period or portion thereof. Fees will be paid quarterly in advance by the
mall operator. Fees shall be paid based upon the maximum projected number of spaces the mall allocates
for temporary and portable retail locations within the mall for the twelve-month period commencing
October the first of each year. Fees paid shall be subject to adjustment to reflect actual operating
locations. Adjustment shall be made yearly during the month of August for the preceding twelve-month
period and on written request from the mall operator. The mall operator shall submit sufficient records to
support its request for adjustment.
9993 Itinerant or Transient Merchant
Covers persons who travel from city to city and sell and deliver goods, merchandise or services to
business establishments; or who sell, demonstrate or deliver goods, merchandise or services to the general
public, and do not have a permanent place of business in the city.
Each person, per day 9.45
Each person, per week 49.35
Each person, per month 196.35
(I.D. registration required for each person.)
Notes:
* Requires a license from one of the following: Department of Professional Regulation, Department
of Business Regulation, Department of Agriculture & Consumer Services, Department of Highway
Safety & Motor Vehicles, Florida Bar Association, Department of Banking & Finance.
NEC - Not Elsewhere Classified
(Ord. No. 94-15, App. A, 6-21-94; Ord. No. 95-22, Appendix A, 7-5-95; Ord. No. 98-38, § 1, 9-15-98;
Ord. No. 06-049, § 2, 6-20-06; Ord. No. 06-096, § 2, 1-2-07)
Sec. 13-5. Provision for unlisted businesses or occupations.
All businesses must obtain a Certificate of Use prior to operating within the City. The city may
hereinafter classify and issue Business Tax Receipts for businesses or occupations not specifically listed
herein. The city shall establish a classification for new businesses or occupations in accordance with the
United States Standard Industrial Classification of Establishments (SIC). The Business Tax Receipt tax
established by the city for any business not specifically listed herein shall be commensurate with the rate
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structure and classifications set forth in Sec. 13-4, and shall be established by resolution of the City
Commission following application but prior to issuance of a Business Tax Receipt for the unclassified
business.
(Ord. No. 94-15, § 1, 6-21-94; Ord. No. 95-22, § 2, 7-5-95; Ord. No. 06-096, § 2, 1-2-07)
Sec. 13-6 Administrative remedy to challenge classification or fee.
(a) Any person may protest the classification or fee applicable to that person provided:
(1) The person has made and filed an application for the issuance of a Certificate of use and a
Business Tax Receipt in accordance with the procedures set forth herein, and
(2) The person has paid the application fee, inspection fee or re-inspection fee , when
applicable, and
(3) The person has received a Certificate of Use and paid the Business Tax Receipt fee
requested by the city, and
(4) The Business Tax Receipt has been issued.
(b) A protest to a classification or fee shall be made in writing to the City Clerk within 30 calendar
days following issuance of the Business Tax Receipt. Failure to timely file a protest constitutes a waiver
of protest and no further challenge may be made by that person until renewal of the Business Tax Receipt,
in which case the right to protest shall be revived for an additional 30 days following issuance of a
renewal Business Tax Receipt.
(c) A protest, when timely filed, shall be processed as follows:
(1) The City Clerk shall forward the protest to the City Manager.
(2) The City Manager shall conduct a review of the protest and render a written report within
45 days of the filing of the protest. The City Manager shall consider any information submitted by the
person filing the protest and any information submitted by the Development Services division. The City
Manager shall limit her report to an evaluation of whether the tax which is being protested is based on a
reasonable classification and is uniform throughout the class.
(3) The City Manager's report shall be filed with the City Clerk and submitted to the City
Commission at the second meeting following filing of the report with the Clerk. A copy of the report
shall be forwarded to person who filed the protest, along with a notice of the date on which the report is to
be submitted to the City Commission.
(4) The City Commission shall review the protest and the City Managers report and shall either
grant or deny the protest. If the protest is granted the City Commission shall adjust the classification or
fee in accordance with their findings and any tax previously paid by the protesting person, in excess of the
adjusted tax, shall be refunded by the city.
(5) A decision of the City Commission may be appealed to the Circuit Court of Palm Beach
County, Florida. The Circuit Court review shall be de novo, and the burden of proof shall be on the
person initiating the action.
(Ord. No. 95-22, § 2, 7-5-95; Ord. No. 06-096, § 2, 1-2-07)
Sec. 13-7. Application and reapplication fees.
(a) Prior to the issuance of a Business Tax Receipt a person shall file an application for Certificate
of Use with the city. The application shall be on a form prescribed by the city, and shall be filed together
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with such other documentation as hereinafter set or as required by state law. The Business Tax Receipt
portion of the form shall require disclosure of the Federal Identification Number or Social Security
number of the person to be licensed.
(b) Each new application for a Certificate of Use and Business Tax Receipt shall be accompanied
by an application filing fee in the amount of forty dollars ($40.00), which shall cover the Certificate of
Use inspections and review to be undertaken by city zoning, and building division staff. Should
additional inspections for environmental, Utilities, Code, fire, or other departments, be necessary due to
the proposed use, the applicant shall pay for such inspections at a rate of twenty-five dollars per hour
($25.00/hour) per discipline, not exceeding a total of two hundred dollars ($200.00). In the event an
application is denied due to failed inspections, the application may, upon payment of a re-inspection fee
of ten dollars ($10.00) per re-inspection, be reconsidered.
(Ord. No. 94-15, § 1, 6-21-94; Ord. No. 95-22, § 2, 7-5-95; Ord. No. 04-026, § 1, 4-20-04; Ord. No. 06-
096, § 2, 1-2-07)
Sec. 13-8. Declaration required where fee depends on variable factors within the
applicant's knowledge.
Whenever the Certificate of Use or Business Tax Receipt depends upon variable factors, the
applicant shall be required by the city to execute an affidavit containing information upon which the
Business Tax Receipt fee is calculated. The affidavit shall be completed, executed and returned to the city
as a condition precedent to the issuance of a Certificate of Use or, on request by the city, to the reissuance
of an existing Business Tax Receipt. Failure to accurately disclose variable factors shall constitute
grounds for the denial of an application or the revocation of an issued Certificate of Use and Business Tax
Receipt.
(Ord. No. 94-15, § 1, 6-21-94; Ord. No. 95-22, § 2, 7-5-95; Ord. No. 06-096, § 2, 1-2-07)
Sec. 13-9. Issuance of Certificate of Use.
(a) Upon receipt of a Certificate of Use and payment of the required Business Tax Receipt fee, the
Development Services division will issue the Business Tax Receipt.
(b) The mistaken issuance of a Certificate of Use or Business Tax Receipt shall not be deemed to
be a waiver of any provision of the City Code nor shall the issuance of a Certificate of Use or Business
Tax Receipt be construed to be a judgment of the city as to the competence of the applicant to transact
business.
(c) No Certificate of Use or Business Tax Receipt shall be issued unless it is found that the
proposed business and location comply with city zoning codes and other applicable city ordinances.
(d) No Certificate of Use or Business Tax Receipt shall be issued for an occupation where
certification is required under state law unless proof of said certification is provided.
(Ord. No. 94-15, § 1, 6-21-94; Ord. No. 95-22, § 2, 7-5-95; Ord. No. 06-096, § 2, 1-2-07)
Sec. 13-10. Due dates.
Business Tax Receipts shall be sold by the city beginning August 1st of each year and are due and
payable on or before September 30th of each year and expire on September 30th of the succeeding year;
upon transfer to a new owner; or following approval of a Certificate of Use application for a new or
relocating business.
(Ord. No. 95-22, § 2, 7-5-95; Ord. No. 06-096, § 2, 1-2-07)
Sec. 13-11. Delinquency penalty.
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Business Tax Reciepts that are not renewed when due and payable are delinquent and subject to a
delinquency penalty of ten percent (10%) for the month of October, plus an additional five percent (5%)
penalty for each subsequent month of delinquency until paid, provided the total delinquency penalty may
not exceed twenty-five percent (25%) of the Business Tax Receipt tax for the delinquent establishment.
(Ord. No. 95-22, § 2, 7-5-95; Ord. No. 06-096, § 2, 1-2-07)
Sec. 13-12. Transfer of a Business Tax Receipt.
(a) Transfer to new owner. Business Tax Receipts may be transferred to a new owner when there is
a bona fide sale and transfer of the business and property used in the business. A transferred Business
Tax Receipt shall be valid for the same time period and at the same location for which it was originally
issued. The original Business Tax Receipt shall be surrendered at the time application for transfer is
made. A transferred Business Tax Receipt, after being approved, shall be of the same force and effect as
the original Business Tax Receipt. A person applying for such transfer shall pay to the city a transfer fee
of ten percent of the annual license tax, but not less than three dollars ($3.00) nor more than twenty-five
dollars ($25.00) and shall present evidence of the sale or transfer of the business. A Certificate of Use
shall be required when originally approved equipment is removed or altered, or alterations to floor plan or
other building systems occurs.
(b) Transfer to new location. Business tax receipts may be transferred from one location to
another, subject to receipt of a Certificate of Use, provided no change of ownership has occurred and the
business classification in which the Business Tax Receipt was originally issued remains unchanged. A
transferred Business Tax Receipt shall be valid for the same time period for which it was originally issued
at the new location. The original Business Tax Receipt shall be surrendered at the time application for
transfer is made. A transferred Business Tax Receipt, following receipt of a Certificate of Use, shall be of
the same force and effect as the original Business Tax Receipt. A person applying for such transfer shall
pay to the city the Certificate of Use application filing and inspection fees as listed herein Sec. 13-7 and a
transfer fee of ten percent of the annual license tax, but not less than three dollars ($3.00) nor more than
twenty-five ($25.00) dollars.
(Ord. No. 94-15, § 1, 6-21-94; Ord. No. 95-22, § 2, 7-5-95)
Sec. 13-13. Duplicate Business Tax Receipts
Duplicate Business Tax Receipts may be issued by the Development Services division. A fee of five
dollars ($5.00) will be assessed for each duplicate Business Tax Receipt issued.
(Ord. No. 94-15, § 1, 6-21-94; Ord. No. 95-22, § 2, 7-5-95; Ord. No. 06-096, § 2, 1-2-07)
Sec. 13-14. Business Tax Receipts to be posted or carried.
(a) Business Tax Receipts issued to businesses that have a permanent place of business within the
city shall prominently display the current Business Tax Receipt within the place of business.
(b) In those occupations requiring business to be conducted outside of the permanent place of
business, the Business Tax Receipt holder shall be required to produce the Business Tax Receipt upon
request.
(Ord. No. 94-15, § 1, 6-21-94; Ord. No. 95-22, § 2, 7-5-95; Ord. No. 06-096, § 2, 1-2-07)
Sec. 13-15. Doing business not covered by Business Tax Receipt; Certificate of Use or Business
Tax Receipt obtained by false statements void ab initio.
No Certificate of Use or Business Tax Receipt issued under the provisions of this chapter shall
protect any person from prosecution for transacting any business, trade or profession not covered by the
Certificate of Use or Business Tax Receipt, or protect any person doing business with a Business Tax
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Receipt issued upon any false statement of variable factors. Certificate of Use or Business Tax Receipts
that are issued based on false statements shall be considered as void ab initio and shall not protect the
holder thereof from prosecution for transacting business without a Certificate of Use or Business Tax
Receipt. Falsification of information can constitute grounds for revocation of the Certificate of Use and
Business Tax Receipt, for a fine not exceeding five hundred dollars ($500.00), or imprisonment not
exceeding sixty (60) days.
(Ord. No. 94-15, § 1, 6-21-94; Ord. No. 95-22, § 2, 7-5-95; Ord. No. 06-096, § 2, 1-2-07)
Sec. 13-16. Engaging in business without a Business Tax Receipt; penalties; prima facie
evidence.
(a) It shall be unlawful for any person to engage in any business, profession, or occupation taxable
by business tax receipt hereunder without first obtaining a Business Tax Receipt. Any person engaged in
such business, profession or occupation without the required Certificate of Use and Business Tax Receipt
shall pay a penalty of twenty-five percent (25%) of the full year Business Tax Receipt fee for such trade,
in addition to the Business Tax Receipt fee set forth herein.
(b) In addition, a person operating in violation of this chapter shall be subject to a fine of up to five
hundred dollars ($500.00) a day and/or sixty (60) days in jail for each day business is operated in
violation of this chapter.
(c) In any original prosecution under this section, the fact that such person is open for business,
shall be prima facie evidence of engaging in such trade, business, profession or occupation, and the
burden shall be upon the defendant to rebut same.
(Ord. No. 94-15, § 1, 6-21-94; Ord. No. 95-22, § 2, 7-5-95; Ord. No. 06-096, § 2, 1-2-07)
Sec. 13-17. Methods of enforcement: injunction; code enforcement.
(a) The specific penalties and enforcement mechanisms contained within this article are not
exclusive remedies and shall not be construed as prohibiting the city from seeking other fines and other
remedies authorized by city, state, or common law.
(b) Any person subject to and who fails to secure a Certificate of Use and Business Tax Receipt
required by this chapter or any other ordinance of the city or law of the State of Florida, shall upon
petition by the city be enjoined by the circuit court from engaging in the business in which he has failed to
secure said Certificate of Use and Business Tax Receipt, until such time as he shall secure same,
including all costs of such action.
(Ord. No. 94-15, § 1, 6-21-94; Ord. No. 95-22, § 2, 7-5-95; Ord. No. 06-096, § 2, 1-2-07)
Sec. 13-18. Right to deny issuance, renewal, transfer, revocation; right of appeal.
(a) The city may refuse to issue, reissue or transfer any Certificate of Use or Business Tax Receipt
provided for in this chapter when:
(1) Issuance will result in the violation of applicable city, county, federal or state law, or
(2) When the City's Code Enforcement Board has issued an order finding a code violation and
the violation has not been corrected, or
(3) When the City's Code Enforcement Board has issued an order imposing a fine and the fine
remains unpaid.
(b) In the case of refusal to issue, reissue or transfer any Certificate of Use or Business Tax Receipt
on one of the foregoing grounds, the city shall notify the business applicant or Business Tax Receipt
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holder in writing the basis for such refusal to issue, reissue or transfer a Certificate of Use or Business
Tax Receipt with specific reference to the provisions of the City Code or Code Board Order which the
city asserts constitutes grounds for denial.
(c) The city shall have the right and authority to revoke, with fifteen (15) days written notice, any
Certificate of Use or Business Tax Receipt granted under this chapter and issued to any person, whenever
it is made to appear that the business method or operation or work being conducted or carried on by the
business constitutes the violation of any applicable city, county, or state law.
(d) An applicant who is denied issuance, reissuance or transfer of a Certificate of Use or Business
Tax Receipt or whose Certificate of Use or Business Tax Receipt has been revoked may, within ten (10)
calendar days of the denial or revocation, file a written appeal of the denial or revocation to the Building
Board of Adjustment. The Notice of Appeal shall be filed with the City Clerk.
(e) The Board shall meet within thirty (30) days and shall conduct a quasi-judicial evidentiary
hearing. The initial burden of proof shall be on the City to establish that the refusal or denial to issue,
reissue or transfer a Certificate of Use or Business Tax Receipt is based on the grounds as set forth in
division (a) above. The burden then shifts to the applicant to prove that the applicant is exempt from
application of the City, County, Federal or State law, that the Code violation has been corrected, or that
the Code Board fine has been paid. The Board shall issue a final order with findings of fact.
(f) The decision of the Building Board of Adjustment shall be final and shall only be subject to
review by writ of certiorari to Palm Beach County Circuit Court.
(g) A Notice of Appeal stays the denial or revocation of the license until the appeal process is
completed.
(h) When denial of the issuance or reissuance of a license is based on division (a)(3) above, the
Notice of Appeal shall be accompanied by payment of the outstanding Code violation fine.
(Ord. No. 94-15, § 1, 6-21-94; Ord. No. 95-22, § 2, 7-5-95; Ord. No. 06-071, § 2, 7-18-06; Ord. No. 06-
096, § 2, 1-2-07)
Sec. 13-19. Special permits for nonprofit enterprise.
The city shall issue special permits, following issuance of a Certificate of Use, without payment of any
Business Tax Receipt fees, to any person or organization for the conducting or operating of a nonprofit
enterprise, either regularly or temporarily, when the applicant signs an affidavit that the applicant operates
without private profit, for a public, charitable, educational, literary, fraternal or religious purpose.
(a) Special permittee must conform. A person operating under a special permit shall operate his
nonprofit enterprise in compliance with this section and all other rules and regulations.
(b) False affidavit. Any person signing a false affidavit pursuant to this section shall be subject to a
five hundred dollar ($500.00) fine and/or sixty (60) days in jail.
(Ord. No. 94-15, § 1, 6-21-94; Ord. No. 95-22, § 2, 7-5-95)
Sec. 13-20. Special events.
(a) Permits for special events. It shall be unlawful to organize, conduct or participate in any special
event on the streets of the city or at any of the city’s outdoor recreation facilities unless a permit for such
special event has been issued by the City Manager or his/her designee.
(b) Definition.
Special Event. Any meeting, activity, gathering, or group of persons, animals, or vehicles, or a
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combination thereof, having a common purpose, design or goal upon any public or private facility, street,
sidewalk, alley, park or other place or building where the special event substantially inhibits the usual
flow of pedestrian or vehicular traffic or which occupies any public area or building and preempts use by
the general public. A Special Event shall include but not be limited to city co-sponsored events, festivals,
carnivals, concerts, parades, walks, races, fund raising sales and similar gatherings, block parties, grand
opening promotions, and other similar events not specifically permitted by city ordinance. Merchandise
sales under a tent on private property which have no other related activity, i.e. food sales or entertainment,
are exempt from obtaining a Special Event permit; however, applicant must still obtain the proper
Building Permit. City of Boynton Beach Recreation and Parks Department events are exempt from this
section.
Special Event Handbook. A publication issued by the City of Boynton Beach Recreation
Department entitled “Special Event Handbook” which sets forth procedures for the application process
and city requirements for special event activities, and which is attached hereto as Exhibit “A” and made a
part hereof. This booklet may be amended from time to time by the City Manager or his or her designee;
however Special Event Permit Fees shall be amended by resolution of the City Commission.
(c) Application for a special event permit.
(1) Any person or organization seeking to conduct a special event in the city shall file an
application with appropriate fee, for a special event permit with the Recreation Department on forms
provided by the city, on or before the following deadlines prior to the event:
Expected Attendance Deadlines
(persons) (months)
Less than 500 One month
501 to 5,000 Three months
5,001 to 50,000 Six months
More than 50,000 Nine months
(2) All information solicited on the special event permit application form must be provided by
the applicant. Incomplete information may result in denial of the permit application.
(3) For events with an expected attendance of 50,000 persons or greater, a letter of intent shall
be filed at least one year prior to the event with the City Manager describing dates, times and location of
all event activities.
(4) Notwithstanding the foregoing procedure, the City Commission reserves the right to waive
application filing deadlines on a case by case basis.
(d) Standards for issuance of permit. A special event permit shall be issued by the Recreation
Department unless:
(1) The application is not complete in all material respects and all information contained
therein accurate within the knowledge of the Special Events Coordinator;
(2) All of the conditions set forth herein and all contractual requirements imposed by the city,
if any, have not been or will not be met;
(3) The special event will interfere with or unduly burden the city’s provision of municipal
services to the community including but not limited to police, fire and emergency medical protection,
water and sanitary sewer service, and solid waste removal;
(4) The public benefit provided by the event has not been demonstrated;
(5) The appropriate fee established by resolution of the City Commission has not been paid.
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(e) Conditions for permit. All special event permit applications approved pursuant to this article
shall be subject to the following conditions:
(1) The public area utilized shall be cleaned up following any special event and in all respects
restored to its former condition. A refundable security bond, or similar financial pledge, may be required
in amount to be determined by the Recreation Department, to ensure that any damage is repaired and the
premises returned to its previous condition.
(2) The use or construction of platforms, chairs or other equipment may be prohibited or
restricted by the Recreation Department and/or the City Manager if such would result in permanent
damage to city property or constitute a hazard to public safety.
(3) A detailed site plan shall be submitted showing the locations of any tents, port-o-lets,
parking lots, stages, booths, and the like, and the time periods for set up and break down of the event.
This plan shall be subject to review and approval by city and staff.
(4) All city ordinances, rules or regulations applicable to the use of the city property on which
the special event will occur shall be obeyed, unless specifically waived by the City Commission.
(5) Indemnification and insurance to protect the city shall be provided as required by the City's
Risk Management Department.
(6) Unless extended by the Recreation Department and/or the City Manager, all permits
necessary to conduct the special event shall be obtained and copies thereof provided to the city not less
than 14 days prior to the first day of the event.
(7) When a city employee is required at a special event, he/she shall complete, within 30
working days of the conclusion of the special event, an evaluation of the event on forms provided by the
city. The permit holder for the special event will be provided with a copy of said evaluation. The need
for a city employee at the special event will be determined by the City Manager or his/her designee.
(e) Enforcement/penalty. It shall be unlawful to operate or hold any special event in the city
without compliance with this section. Failure to comply with this section shall be deemed a violation of
the city code punishable by up to a $500 fine and/or 60 days in the county jail.
(Ord. No. 94-15, § 1, 6-21-94; Ord. No. 95-22, § 2, 7-5-95; Ord. No. 98-37, § 1, 10-20-98; Ord. No. 01-
19, § 1, 4-17-01; Ord. No. 03-025, § 1, 6-17-03)
Sec. 13-21. Registration and regulation of contractors
Contractors and specialty contractors, unless exempt as described in Florida Statutes, Section
205.065, who do not maintain a location or branch office in the city but who conduct business within the
city shall be required to register with the city before conducting business within the city. Contractors who
are holders of a valid countywide municipal contractor's license, in addition to a Palm Beach County
Business Tax Receipt, shall be required to register, show proof of the countywide municipal license and
pay a registration fee of two dollars ($2.00). Contractors who are not holders of a valid countywide
municipal contractor's license shall be allowed to register and the fee schedule shall be set by ordinance.
(Ord. No. 94-15, § 1, 6-21-94; Ord. No. 95-22, § 2, 7-5-95)
Sec. 13-22. Professionals, Business Tax Receipt.
Each professional, engaged in the practice of any profession, shall be required to obtain an individual
Business Tax Receipt.
(Ord. No. 94-15, § 1, 6-21-94; Ord. No. 95-22, § 2, 7-5-95; Ord. No. 06-096, § 2, 1-2-07)
Sec. 13-23. Home occupational Business Tax Receipt fees.
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Business Tax Receipts for home occupations, when otherwise permitted, shall pay the same fee for
such business, profession or occupation as would otherwise be payable if the occupation were conducted
in a non-home location.
(Ord. No. 94-15, § 1, 6-21-94; Ord. No. 95-22, § 2, 7-5-95)
Sec. 13-24. Coin-operated vending machines.
(a) A Business Tax Receipt is required for all vending machines, except that the following coin-
operated machines are and shall be exempt from Business Tax Receipt hereunder:
(1) No Business Tax Receipt shall be required for coin-operated machines where the vending
machines are owned and operated by charitable or benevolent nonprofit organizations and
where the entire proceeds of such machines are used solely for recognized charitable or
benevolent purposes.
(2) No Business Tax Receipt shall be required for the operation of any machines where such
machines are owned by a person who is otherwise a holder of a Business Tax Receipt by
the city, and such machines are located and operated at the owner's regular place of
business as listed on the Business Tax Receipt.
(b) Proprietors of places of business and/or owners of record of the premises in or on which
vending machines are placed shall be jointly and severally responsible for the vending machine Business
Tax Receipt if not otherwise paid.
(Ord. No. 94-15, § 1, 6-21-94; Ord. No. 95-22, § 2, 7-5-95)
Sec. 13-25. Businesses that handle hazardous materials or waste.
All businesses which would be located within the city shall state, as part of the Certificate of Use
application, whether the business would use, handle, store, generate, or display hazardous materials,
hazardous waste, or a toxic substance, as the same are defined by 40 Code of Federal Regulations, Part
261, or the Florida Substance List as set forth in Rule 4A-62.004, Florida Administrative Code, in which
case a City Fire Department Hazardous Material Disclosure Form shall be required in accordance with
Part II, Section 9-71 of this code.
(Ord. No. 94-15, § 1, 6-21-94; Ord. No. 95-22, § 2, 7-5-95; Ord. No. 04-026, § 2, 4-20-04; Ord. No. 06-
096, § 2, 1-2-07)
Sec. 13-26. Businesses that tow vehicles.
(a) Any person or firm that tows or removes vehicles and proposes to require an owner, operator, or
person in control of a vehicle to pay the costs of towing and storage prior to redemption of the vehicle
must file and keep on record with the City Police Department a complete copy of the current rates to be
charged for such services, post at the storage site an identical rate schedule, and provide the current rate
schedule with any written contracts with property owners, lessors, or persons in control of property which
authorize such person or firm to remove vehicles.
(b) Any person or firm towing or removing any vehicles from private property without the consent
of the owner or other legally authorized person in control of the vehicles shall, on any trucks or other
vehicles used in the towing or removal, have clearly indicated, in at least two-inch letters such person's or
firm's name, address and telephone number on the driver and passenger side doors.
(Ord. No. 94-15, § 1, 6-21-94; Ord. No. 95-22, § 2, 7-5-95)
Sec. 13-27. Identification of vehicles used in business or occupation.
Any and all trucks or other vehicles operated or used in connection with any contracting, building,
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delivery, maintenance, repair service, manufacturing business or occupation conducted within the
municipal limits of the City of Boynton Beach, Florida, shall have painted or otherwise prominently
displayed in a visible and legible manner upon such truck or other vehicle, the name and address of the
business in which such truck or other vehicle is used. Such information shall be displayed on both sides
of the vehicle, and the letters included in such sign shall each be a minimum height of two inches.
(Ord. No. 94-15, § 1, 6-21-94; Ord. No. 95-22, § 2, 7-5-95)
Sec. 13-28. Certificate of Use for used car lots.
(a) Approval required. Prior to the issuance of any Certificate of Use authorizing the operation of a
used car lot within the city, such Certificate of Use must be approved by the City Commission. In
addition to the other requirements set forth in this section and other existing sections of the Code, if it is
the judgment of the City Commission that the issuance of such Certificate of Use shall result in increasing
or creating fire, traffic or other dangerous hazards, endangering children or the general public, the
emission of offensive noise or noxious odors, or otherwise constitute an objectionable nuisance, or
otherwise be detrimental to the health, safety and general welfare of the community, and in the absence of
counterbalancing public demand for the issuance of such Certificate of Use in the vicinity in question, the
Commission may refuse to issue such Certificate of Use. The requirements set forth in this subsection
shall be applicable regardless of the zoning classification of the property location connected with any
such Certificate of Use application contemplated herein.
(b) Restrictions authorized. In addition, the City Commission may, in connection with the approval
and issuance of any such Certificate of Use, to impose reasonable restrictions or requirements upon the
operation of such business relative to installation of sanitary and office facilities, paving and lighting
installation, landscaping and reasonable hours and times of business operation.
(Ord. No. 94-15, § 1, 6-21-94; Ord. No. 95-22, § 2, 7-5-95; Ord. No. 06-096, § 2, 1-2-07)
Secs. 13-29 — 13.51. Reserved.
ARTICLE II. GARAGE SALES*
*Note-See the editor's footnote to Ch. 13.
Sec. 13-52. Defined.
A “garage sale,” as used in this article, is hereby defined to mean any sale or offering for sale of
personal property by a member of a family or other household unit, said personal property having been
acquired, possessed and used by the family or household for personal as opposed to business or
commercial use, when such sale is to be or is conducted at the present residence of such family or
household. “Garage sale” shall include sales commonly referred to as patio sales, driveway sales, yard
sales, and other such sales. “Garage sales” shall not include the sale or offering for sale of any goods on
consignment. It shall include the sale or offering for sale of goods of more than one family or household.
(Ord. No. 83-10, § 1, 5-17-83)
Sec. 13-53. Exception to article provisions.
The provisions of this article shall not apply to sales of personal property made pursuant to a valid
order of a court of competent jurisdiction.
(Ord. No. 83-10, § 1, 5-17-83)
Sec. 13-54. Permit required.
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No garage sale may be conducted within the city without a permit having been first issued for such
sale by the building official.
(Ord. No. 83-10, § 1, 5-17-83
2007 S-28
Sec. 13-55. Written statement required.
Prior to issuance of any garage sale permit the person conducting such sale shall file a written
statement with the building official setting forth the following information:
(a) The person's interest in the residential property such as ownership, current lessee or such other
control as the person may have.
(b) Ownership of the property to be sold.
(c) Purposes for which the property to be sold has been previously used.
(d) Affirmative statement that the property to be sold was neither acquired nor consigned for the
purposes of resale.
(Ord. No. 83-10, § 1, 5-17-83)
Sec. 13-56. Permit fee.
There shall be an administrative processing fee of five dollars ($5.00) for the issuance of a garage
sale permit.
(Ord. No. 83-10, § 1, 5-17-83)
Sec. 13-57. Limitation on number of permits.
Only two (2) garage sale permits shall be issued to one residence, family or household during any
calendar year.
(Ord. No. 83-10, § 1, 5-17-83)
Sec. 13-58. Conducting a garage sale without a permit or under a permit issued under
false statements; penalties; prima facie evidence.
It shall be unlawful for any person to engage in or conduct a garage sale, as defined herein, without a
permit or under a permit issued upon false statements made by such person or in his behalf.
In addition, a person operating a business in violation of this chapter shall be subject to a fine of up
to five hundred dollars ($500.00) a day and/or sixty (60) days in jail for each day business is operated in
violation of this chapter.
In any original prosecution under this section, the fact that such person is open for business shall be
prima facie evidence of engaging in such trade, business, profession or occupation, and the burden shall
be upon the defendant to rebut the same.
(Ord. No. 83-10, § 1, 5-17-831999 S-10
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LEGAL
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PROPOSED ORDINANCE NO. 12-010 -
EQUESTED CTION BY ITY OMMISSION
SECOND READING - Amend the Land Development Regulations (LDR) to implement
recommendations of the Moratorium Study, Notice of Intent (NOI) #2011-01, pertaining to 1)
location of not-for-profit uses in certain zoning districts, and 2) the replacement of the lists of
approved uses for the three Planned Industrial Development Districts (PIDs) with the standard
use regulations listed in the Use Matrix (Tabled to June 19, 2012)
ER:
The NOI #2011-01 was adopted by the City Commission on
XPLANATION OF EQUEST
November 15, 2011 to allow staff 180 days to undertake a study to review zoning
regulations pertaining to location options of tax exempt not-for profit uses in the City.
The moratorium expires on May 14,2012. The study was intended to implement three
Initiatives (11, 12, and 13) of the Economic Development Program and Initiatives
adopted by the City Commission at the October 18, 2011 meeting, with the emphasis on
provisions for tax-exempt uses in the context of a more comprehensive analysis of how
to maximize economic and fiscal value of development in C-3, C-4, PCD, PID, M-1 and
mixed use zoning districts.
On February 21, 2012, the City Commission, prompted by a request from the Christ
Fellowship Church to support the acquisition of the Dillard’s property at the Boynton
Beach Mall, voted to remove places of religious assembly and religious institutions from
the scope of work under the moratorium. Also, on April 3, 2012, the City Commission
voted to remove charter schools in PID zoning districts from the moratorium. However,
such uses have remained a part of the study and its recommendations.
Background
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Tax-exempt/not for profit uses
The tax-exempt/not-for-profit establishments comprise several types of uses, which
generally fall into the religious, charitable/social, educational, scientific/medical and
cultural categories. Within the City, the two largest groups are places of religious
assembly/religious institutions and K-12 schools, including charter schools. There are
currently 25 properties occupied by tax-exempt/not for profit entities in the zoning
districts that are subject to the Moratorium. They include 10 churches/religious
institutions, five civic/fraternal organizations, five schools, three social service agencies,
one hospital-owned facility and one governmental agency (see Exhibit “A” for the
complete list). Two of these establishments are lessees; the remaining 23 are owner-
occupiers.
If a not-for-profit owns the property on which it conducts its activities, it can apply to the
Palm Beach County Appraiser’s Office for tax-exempt status. If it leases, the property
cannot be tax-exempt unless the lessor is also a not-for-profit entity and has a tax-
exempt status. The latter provision does not apply to charter schools, which can convey
the tax-exempt status on the leased property regardless of who the lessor is.
Costs and benefits of not-for profits
While the not-for-profits provide many useful services, they also impose a cost on the
city since they consume public services but do not pay taxes. The property tax revenue
loss can be substantial. The 2011 summary value of the 25 not-for-profit properties was
$76,720,637; the resultant property tax revenue would have been $551,936, about 2%
of the total 2011 taxes levied. Please note that this amount does not represent a
revenue loss for the City stemming from the not-for-profit ownership of these properties;
rather, it represents the revenue the City would have received from said properties in
the absence of the tax exemption. Unfortunately, it is impossible to estimate the
property tax revenues from potential alternative commercial or industrial developments
on these sites, or the forgone benefits from such developments contributing to the
overall commercial mix in the area.
Not-for-profits provide important public benefits to the City. They also have local
economic impacts, driven by their employment and purchasing behaviors. Nevertheless,
there is a rationale for limiting their presence in selected zoning districts. Firstly, there is
a limited number of vacant parcels remaining in commercial and industrial zoning
districts - 71 properties, for a total of 120 acres (there are an additional eight vacant
parcels, with approximately 16 acres, in the mixed use zoning districts; for details, see
Exhibit “C”). As the economy recovers, the City will continue to work to attract new
businesses to locate on the available vacant sites, or to redevelop sites with obsolete
structures. In many areas, these developments would enhance the existing business
mix, improve the overall commercial appeal of the area and stimulate further
improvements. Finally, limiting the locational options of not-for-profits would increase
the real property tax base, which has shrank over 11% since 2005, and thus generate
additional funds for the City to provide services to residents and other businesses.
Scope of the study and summary of recommendations
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Not-for-profits
Staff reviewed the City’s zoning code with respect to principal uses that are not-for-
profit, or uses that can potentially fall into this category, and that are clearly defined in
the land development regulations. The list of uses considered includes Churches; Civic
& Fraternal Organizations; Museums; Colleges, Seminaries, and Universities; and
Schools. In addition, staff is proposing to create a new principal use, Social Service
Agency.
Staff also reviewed codes of four neighboring municipalities - Boca Raton, Delray
Beach, Greenacres, and West Palm Beach. Such broad comparisons are somewhat
difficult, given the differences in use definitions and in purpose and character of zoning
districts in each of the codes. However, the reviews revealed and determined that:
most of the municipalities apply similar standards to religious institutions as to other
places of public assembly (typically clubs and lodges), an approach that would help
warding off challenges based on RLUIPA (The Religious Land Use and
Institutionalized Persons Act), a federal law enacted in 2000 to protect religious
institutions from unduly burdensome or discriminatory land use regulations; and
the zoning regulations of Boca Raton and West Palm Beach include a “not-for-profit”
use category but none of the municipalities appears to regulate these or other
potentially not-for-profit uses with the purpose similar to that of the subject study.
It appears that no other municipality in the Palm Beach County has undertaken a review
th
of the not-for-profit provisions in its code. On April 12, planning staff of the Village of
Palm Springs presented an analysis of the not-for-profits’ impact on tax revenues to the
Village Council; however, no direction to staff have been issued.
Recommendation
Staff’s recommendations pertaining to provisions for location of not-for-profit uses are
summarized as follows (see Exhibit “B”, proposed changes to LDR, for details):
Not-for-profit uses would not be allowed in the C-3, C-4, CBD, PCD, M-1 and PID
zoning districts, which are intended to attract commercial and industrial projects.
Exceptions include Schools, Primary and Secondary, which can locate on Quantum
lots with a Governmental & Institutional (“G & I”) land use option.
Not-for-profit uses would be allowed in the mixed use district if 1) integrated into
mixed use buildings, and 2) below a certain size limit for both building and
development as a whole.
If no longer permitted, previously approved uses would be deemed conforming to
the extent that the building, and/or area occupied by the use would not be permitted
to expand by more than 20%.
PID uses
The City has three Planned Development Districts – Quantum Park of Commerce,
Boynton Beach Commerce Center and High Ridge Commerce Park. Historically, these
were set apart from other zoning districts, both conventional and planned, in that each
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has its own list of approved uses. As a result, the lists, aside from general categories of
uses, reflect narrowly defined types of establishments currently, or previously present in
a specific PID. New uses are added from time to time to the respective list through a
Use Approval Process. Please note that the Quantum Park of Commerce is also a
Development of Regional Impact (DRI), and has lot-specific general use designations. A
DRI is governed by its own set of regulations and the proposed change of use requires
the applicant to go through additional processes.
Recommendation
Staff recommends that the three use lists be eliminated. Instead, the PID use
regulations would be consolidated within the Use Matrix (see Exhibit “B”), allowing for
the following benefits:
New uses would be allowed as some of the existing narrowly-defined uses are
absorbed into larger categories and other Use Matrix categories are added.
Code information would be presented in a significantly more consistent and user-
friendly manner.
The Use Approval process would be eliminated, resulting in a reduction of the
overall processing time.
Economic development-based criteria for selected applications
Land Use Amendment and Rezoning applications are subject to specific review criteria,
last amended as part of the LDR Rewrite. Staff reviewed these criteria and found them
lacking the objectives embedded in the Economic Development Program and Initiatives.
Recommendation
Staff proposes additional economic development-driven criteria to be considered for
reviews of the above mentioned applications and, additionally, for review of a Master
Plan Modification application for PID zoning districts, and a Notice of Proposed Change
(NOPC) for DRIs (see Exhibit “B”). The criteria target two major concerns:
The project’s economic impact, locally and city-wide, in terms of job creation and
the potential to enhance the local commercial appeal as well as the City overall
market competitiveness; and
The project’s fiscal impact, in terms of growth and diversification of the City’s tax
base
Timetable for completion of work
Contrary to the standard process, staff proposes that second reading and adoption of
the ordinance be delayed until the June 19, 2012 City Commission meeting, to allow for
nd
a review by the Planning and Development Board on May 22, and for the
consideration by the City Commission of any potential recommendations made by the
Board.
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Since the moratorium expires on Sunday, May 13, 2012, a Resolution amending the
NOI # 2011-01 is being processed concurrently to extend the moratorium through June
19, 2012. This extension would accommodate the above schedule for completion of the
work.
H?
The subject amendments would
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
implement initiatives 11, 12 and 13 of the Economic Development Program and
Initiatives.
FI:
The subject amendments are projected to have a positive fiscal impact
ISCAL MPACT
over time.
A:
Not to adopt the proposed ordinance.
LTERNATIVES
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Special City Commission Budget Meetings,
EQUESTED CTION BY ITY OMMISSION
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
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XPLANATION OF EQUEST
H?
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
FI:
ISCAL MPACT
A:
LTERNATIVES
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Consider lease agreement and demolition of
EQUESTED CTION BY ITY OMMISSION
animal control building for joint use parking. - 6-19-12
ER:
XPLANATION OF EQUEST
H?
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
FI:
ISCAL MPACT
A:
LTERNATIVES
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City Commission discussion of the South Central
EQUESTED CTION BY ITY OMMISSION
Regional Wastewater Treatment & Disposal Board Interlocal Agreement - 7/3/12
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H?
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
FI:
ISCAL MPACT
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LTERNATIVES
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Staff update on marketing and culturalization
EQUESTED CTION BY ITY OMMISSION
initiatives for City Rebranding Program - 7/3/12
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H?
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Financial Advisory Committee Budget Report
EQUESTED CTION BY ITY OMMISSION
ER:
The FAC will present it’s budget report and
XPLANATION OF EQUEST
recommendations to the City Commission at the 7/3/12 Commission meeting.
H?
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FI:
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LTERNATIVES
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Police Study - Define Scope of Services - 7-17-12
EQUESTED CTION BY ITY OMMISSION
ER:
Per the City Commission’s direction, the Interim City
XPLANATION OF EQUEST
Manager held individual discussions and/or email exchange with the Commission to
better determine any areas of concern or study they would like to have included in a
scope of services for a Police Department Management Review. Staff will provide an
update to the City Commission summarizing those discussions and seek further
direction from the Commission.
H?
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
FI:
ISCAL MPACT
A:
LTERNATIVES
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