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Agenda 06-19-12 Searchable The City of The City of Boynton Beach Boynton Beach 100 E. Boynton Beach Boulevard ● (561) 742-6000 TUESDAY, JUNE 19, 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). 2 of 484 1. OPENINGS A. Call to order - Mayor Woodrow L. Hay B. Invocation C. Pledge of Allegiance to the Flag led by Vice Mayor McCray 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. Announcement of July 4th Salute to Independence B. Announcement of Public Notice to water system customers of City of Boynton Beach Utilities regarding the temporary change of potable water treatment method to free chlorination beginning Monday July 2, 2012 - July 27, 2012 C. Proclaim June 21, 2012 as National Dump the Pump Day. 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 3 of 484 PROPOSED RESOLUTION NO. R12-048 A. - Assess the cost of nuisance abatement on properties within the City of Boynton Beach. B. Accept the FY 2011-12 Budget Status Report of the General Fund & Utility Revenue Fund for the eight (8) month period ended May 31, 2012. PROPOSED RESOLUTION NO. R12-049 C. - Approve and authorize the Interim City Manager to enter into an agreement for consulting services between the City and Delores Schlesselman to provide analysis and scoring services for the Commercial Interior Build-Out Grant and Commercial Rent Subsidy Grant PROPOSED RESOLUTION NO. R12-050 D. - Approve and authorize signing of an Agreement for Water Service outside the City Limits with Jonathan Grosso for the property at 1170 Highland Rd, Lantana, FL. E. Approve the minutes from the City Commission special meeting held on June 2, 2012 and the regular meeting held on June 5, 2012. F. Approve the recommendations of the Community Development Block Grant review committee for funding activities in preparation of the City of Boynton Beach's Five Year Consolidated/One Year Action Plan for FY 2012/2013. The anticipated Community Development Block Grant allocation is $440,824. Previous years funding in the amount of $125,000 will be re-appropriated to complete this budget. G. Accept the written report to the Commission for purchases over $10,000 for the month of May 2012. H. Accept the second quarterly status report of the City of Boynton Beach Economic Development Program Implementation for the 1st quarter 2012. PROPOSED RESOLUTION NO. 12-051 I. - Approve agreement with GovernmentJobs.com, Inc., d/b/a NeoGov for Applicant Tracking Software and authorize Interim City Manager to sign agreement for a total cost of $11,000 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. 4 of 484 PROPOSED ORDINANCE NO 12-011 - SECOND 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. (REQUEST THIS ITEM BE TABLED TO JULY 3, 2012 FOR LEGAL NOTICING REQUIREMENTS) 10. CITY MANAGER’S REPORT A. Accept status report on Net Assets' on-line lien search services. B. Provide direction to staff on review/analysis of Palm Beach County Sheriff's Office proposal for police services; approve agreement with the International City/County Management Association (ICMA) for a efficiency analysis of Police Department operations in the amount of $47,000 (which includes up to $4,700 for presentation of final report by ICMA Management Review Team) plus $8,000 for estimated travel expenses; authorize expenditure of up to $55,000 from Law Enforcement Trust Fund for conduct of the study. 11. UNFINISHED BUSINESS A. Discuss proposal for purchase of City owned real property located at 2240 S. Congress Avenue 12. NEW BUSINESS PROPOSED RESOLUTION NO. R12-052 A. - Approve an amendment of the NSP Agreement between the City of Boynton Beach and the Boynton Beach Community Redevelopment Agency (CRA) dated July 20, 2010, allowing for an extension to September 30, 2013 and authorize the Mayor to execute the amendment. B. Consideration of the implementation of a new education initiative in the City of Boynton Beach 13. LEGAL PROPOSED ORDINANCE NO. 12-010 - SECOND READING A. - 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. 5 of 484 PROPOSED ORDINANCE NO. 12-012 - SECOND READING B. - Approve amendments to Code of Ordinances Part II, Chapter 13 "Licenses", requiring Certificate of Use as condition of receiving Business Tax Receipt, and (REQUEST THIS removing Article I, Sec. 13-28 "Licensing of used car lots" ITEM BE TABLED TO JULY 3, 2012 FOR LEGAL NOTICING REQUIREMENTS) 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. City Commission discussion of the South Central Regional Wastewater Treatment & Disposal Board Interlocal Agreement - 7/3/12 C. Staff update on marketing and culturalization initiatives for City Rebranding Program - 7/3/12 D. Financial Advisory Committee Budget Report E. Property Assessed Clean Energy (PACE) Program - 7/3/12 F. Consider lease agreement and demolition of animal control building for joint use parking. - 7-03 -12 G. Discussion of the Palm Beach County Ethics Commission opinion regarding City Commission expense accounts per the request of Commissioner Bill Orlove - 7/03/12. H. Discussion of the City Manager search process per the request of Commissioner Bill Orlove - 7/03/12 I. Renewal of Interlocal Agreement with the Town of Hypoluxo for the City of Boynton Beach to provide Building Inspection services - 7/03/12 J. Update on City of Boynton Beach towing contract - 7/17/12 K. 2nd Qtr 2012 report on Economic Development Program Initiatives - 7/17/12 L. 2nd Qtr 2012 update on Climate Action Plan Implementation - 7/17/12 M. Second monthly update on Old High School project - 7/17/12 N. Proposed Interlocal Agreement with Quantum Park Overlay Dependent District - 7/17/12 O. Discuss scope and timing of Charter Amendments adoption and public hearings - 8/07/12 6 of 484 15. BRAND PROMISE STATEMENT – “BREEZE INTO BOYNTON BEACH – AMERICA’S GATEWAY TO THE GULFSTREAM” 15. ADJOURNMENT NOTICE IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE CITY COMMISSION WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING, HE/SHE WILL NEED A RECORD OF THE PROCEEDINGS AND, FOR SUCH PURPOSE, HE/SHE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDING IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. (F.S. 286.0105) THE CITY SHALL FURNISH APPROPRIATE AUXILIARY AIDS AND SERVICES WHERE NECESSARY TO AFFORD AN INDIVIDUAL WITH A DISABILITY AN EQUAL OPPORTUNITY TO PARTICIPATE IN AND ENJOY THE BENEFITS OF A SERVICE, PROGRAM, OR ACTIVITY CONDUCTED BY THE CITY. PLEASE CONTACT THE CITY CLERK'S OFFICE (561) 742-6060 AT LEAST TWENTY-FOUR HOURS PRIOR TO THE PROGRAM OR ACTIVITY IN ORDER FOR THE CITY TO REASONABLY ACCOMMODATE YOUR REQUEST. ADDITIONAL AGENDA ITEMS MAY BE ADDED SUBSEQUENT TO THE PUBLICATION OF THE AGENDA ON THE CITY'S WEB SITE. INFORMATION REGARDING ITEMS ADDED TO THE AGENDA AFTER IT IS PUBLISHED ON THE CITY'S WEB SITE CAN BE OBTAINED FROM THE OFFICE OF THE CITY CLERK. 7 of 484 3. A ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS June 19, 2012 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: June 19, 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: Announcement of July 4th Salute to Independence EQUESTED CTION BY ITY OMMISSION ER: Salute to Independence Boynton Beach presents, Wednesday, XPLANATION OF EQUEST July 4, 2011, from 6:30 - 9:30 p.m. at Intracoastal Park. This is a FREE EVENT featuring a live Monique McCall BAND concert by the from 6:30 p.m. until 9:00 p.m. There is a Patriotic Salute scheduled for 7:30 p.m. featuring the Police Dept. Honor Guard and an address by Mayor Hay. The Spectacular fireworks show begins at 9 p.m. featuring the world famous "Fireworks by Grucci". Food and beverage vendors will be on-site. Park and ride the shuttle from Bank of America on the NE corner of E. Ocean Avenue and N. Federal Hwy., also from the Boynton Beach High School on Gateway, East of congress. The shuttle runs from 6:00 p.m. until 10:30 p.m. No pets or personal fireworks will be allowed in the park. H? OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: CRA Budget – line item 02-58500-480 ISCAL MPACT A: LTERNATIVES 8 of 484 3. B ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS June 19, 2012 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: June 19, 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: Announcement of Public Notice to water system EQUESTED CTION BY ITY OMMISSION customers of City of Boynton Beach Utilities regarding the temporary change of potable water treatment method to free chlorination beginning Monday July 2, 2012 - July 27, 2012 ER: The City of Boynton Beach Water Utility will be temporarily XPLANATION OF EQUEST changing its method of potable water treatment to free chlorination beginning Monday July 2nd through Friday July 27th, 2012. This is an annual process in which we switch to a stronger disinfection method in order to ensure that our water distribution system is maintained to the highest standards of cleanliness. As a result the customer may notice a slight change in odor and taste in their tap water; otherwise there will be no adverse effects. Because of this change the following people should be aware of possible problems with their systems:  Users of home dialysis machines  Owners of tropical fish aquariums  Managers of stores and restaurants with holding tanks for fish and shellfish. These groups are encouraged to speak to an appropriate professional for guidance on how to use their equipment during this period. Any changes will be eliminated when we revert to our normal disinfection method at the end of this period. Please be assured that this is a routine procedure and that there are no problems with your water supply. If you would like further information on this matter please call our Water Quality Division at 742-6964 during working hours Monday through Friday. 9 of 484 H? N/A OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: N/A ISCAL MPACT A: Not to allow the announcement LTERNATIVES 10 of 484 3. C ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS June 19, 2012 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: June 19, 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: Proclaim June 21, 2012 as National Dump the EQUESTED CTION BY ITY OMMISSION Pump Day. ER: Sponsored by the American Public Transportation Association XPLANATION OF EQUEST (APTA), the 2012 National Dump the Pump Day is a day that encourages people to ride public transportation. Started in June 2006 when gas prices were $3 per gallon, this national day emphasizes that public transportation is a great travel option that also helps people save money.According to the latest APTA Transit Savings Report (see website below), individuals in a 2-person household can save an average of more than $10,000 annually by downsizing to one car. http://www.apta.com/mediacenter/pressreleases/2012/Pages/120418_AprilTransitSavings.aspx To make your pledge or plan your trip using public transit on June 21, call South Florida Commuter Services at 1-800-234-RIDE or visit www.1800234RIDE.com. H? Encouraging residents and OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES employees to ride public transportation reduces the consumption of natural fossil fuels and decreases the overall carbon footprint of the City. FI: None ISCAL MPACT A: Not to make proclamation. LTERNATIVES 11 of 484 PROCLAMATION WHEREAS, One of the best benefits of riding public transportation is the amount of money you can save and Dump the Pump Day is a great opportunity for people to explore South Florida’s commuter options and see how easy it is to save money on their daily commute to work, school or wherever life takes you, and; WHEREAS, Recognizing our challenging economic times and the need for people to reduce living costs, Broward County Transit, Palm Tran, Miami-Dade Transit, South Florida Commuter Services, South Florida Regional Transportation Authority/Tri-Rail and Florida Department of Transportation are working together to promote the benefits of public transportation in honor of National Dump the Pump Day on Thursday, June 21, and; WHEREAS, South Florida residents are encouraged to make a pledge to join millions of commuters across the country who will ride public transportation and be automatically entered to win a monthly transit pass, and; WHEREAS, this national day emphasizes that public transportation is a great travel option that also helps people save money and according to the latest APTA Transit Savings Report, individuals in a 2-person household can save an average of more than $10,000 annually by downsizing to one car. Now, therefore, I, Woodrow Hay, by virtue of the authority vested in me as Mayor of the City of Boynton Beach, Florida, hereby proclaim June 21, 2012 as: National Dump the Pump Day to promote the benefits of public transportation. In witness whereof, I have hereunto set my hand and caused the Seal of the City of Boynton Beach, Florida, to be affixed at Boynton Beach, Florida, the 19th day of June, Two Thousand and twelve. 12 of 484 5. A ADMINISTRATIVE June 19, 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: 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 13 of 484 Appointment Length of Term To Be Made Board Expiration Date II McCray Arts Commission Alt 1 yr term to 12/12 I Orlove Arts Commission Alt 1 yr term to 12/12 Tabled (2) Mayor Hay Bldg. Bd. of Adj. & Appeals Reg 3 yr term to 12/14 IV Ross Bldg. Bd. of Adj. & Appeals Reg 3 yr term to 12/13 Tabled (2) I Orlove Bldg. Bd. of Adj. & Appeals Alt 1 yr term to 12/12 III Holzman Bldg. Bd. of Adj. & Appeals Alt 1 yr term to 12/12 Tabled (3) I Orlove Cemetery Bd. Alt 1 yr term to 12/12 Tabled (3) Mayor Hay Code Compliance Bd. Alt 1 yr term to 12/12 I Olove Code Compliance Bd. Reg 3 yr term to 12/14 IV Ross Education & Youth Advisory Bd. Alt 1 yr term to 12/12 I Orlove Education & Youth Advisory Bd. Stu 1 yr term to 12/12 Tabled (3) III Holzman Education & Youth Advisory Bd. Alt 1 yr term to 12/12 Tabled (3) III Holzman Financial Advisory Bd. Reg 3 yr term to 6/12 Tabled (2) IV Ross Financial Advisory Bd. Reg 3 yr term to 6/13 Tabled (2) I Orlove Financial Advisory Bd. Alt 1 yr term to 6/12 II McCray Financial Advisory Bd. Alt 1 yr term to 6/12 II McCray Financial Advisory Bd. Reg 3 yr term to 6/14 Tabled (3) Mayor Hay Financial Advisory Bd. Reg 3 yr term to 6/15 Tabled (2) IV Ross Historic Resource Preservation Bd. Reg 3 yr term to 4/14 I Orlove Library Bd Alt 1 yr term to 12/12 Tabled (3) III Holzman Planning and Development Bd Reg 2 yr term to 12/13 II McCray Planning and Development Bd Reg 2 yr term to 12/13 Tabled (2) IV Ross Planning and Development Bd Alt 1 yr term to 12/12 Mayor Hay Planning and Development Bd Alt 1 yr term to 12/12 II McCray Recreation & Parks Bd Alt 1 yr term to 12/12 Tabled (2) III Holzman Recreation & Parks Bd Alt 1 yr term to 12/12 Tabled (2) IV Ross Recreation & Parks Bd. Reg 3 yr term to 12/13 III Holzman Senior Advisory Board Reg 2 yr term to 12/12 S:\CC\WP\BOARDS\APPMENTS\Board Year 2012\Appointments 06-19-12.doc 14 of 484 APPLICANTS ELIGIBLE FOR APPOINTMENT ON 6/19/12 Last Name First Name Eligibility FINANCIAL ADIVSORY COMMITTEE Grant Stephen Reg HISTORIC RESOURCES PRESERVATION BD. Weiss Robert Reg S:\CC\WP\BOARDS\APPMENTS\Board Year 2012\APPLICANTS ELIGIBLE FOR APPOINTMENT ON 6-19-12.doc 15 of 484 16 of 484 17 of 484 18 of 484 19 of 484 20 of 484 21 of 484 6. A CONSENT AGENDA June 19, 2012 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: June 19, 2012 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: PROPOSED RESOLUTION NO. R12-048 - 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. 22 of 484 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 23 of 484 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} 24 of 484 25 of 484 6. B CONSENT AGENDA June 19, 2012 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: June 19, 2012 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: Accept the FY 2011-12 Budget Status Report of EQUESTED CTION BY ITY OMMISSION the General Fund & Utility Revenue Fund for the eight (8) month period ended May 31, 2012. ER: This report summarizes the estimated funding sources and XPLANATION OF EQUEST the adopted expenditure budgets for the City’s General Fund and Utility Revenue Fund for the eight (8) month period ended May 31, 2012 (67% of the fiscal year). The analysis compares -  Actual results for the current period to the annual budget and  Actual results for the same period of the prior year annual budget. H? The annual budget is what OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES provides and controls the resources for City programs and services. FI: The annual budget and results to date for the General Fund and the ISCAL MPACT Utility Revenue Fund follow. 26 of 484 GENERAL FUND FY 2011-12FY 2010-11FY 2012 vs. 2011 Annual Annual Actual to DateActual to Date BudgetActual BudgetBudget Amount%Amount%%% Revenues & Transfers$ 65,142$ 51,27779%$ 68,551$ 52,836 77%-5%-3% Expenditures$ (65,142)$ (44,868)69%$ (68,551)$ (46,310)68%-5%-3% Excess (Deficit)$ -$ 6,409$ -$ 6,526 Revenues & Transfers (Exhibit A) – Budgeted Funding Sources: Property taxes and other revenues only provide funding sources of $42.8 M or 66% of our total $65.1 M General Fund budget estimate for the FY 2012. Transfers from other funds (non-revenues) provide $22.3 M or a large 34% of the total funding sources to balance our $65.1 M General Fund budgeted expenditures. These three major estimated funding sources are summarized as follows: 1. 35% - $ 22.5 M – Property taxes less Tax Increment Financing to the CRA 2. 31% - $ 20.3 M – All other revenues 3._34% - $ 22.3 M – Transfers from other funds & General Fund Balance 100% - $ 65.1 M – Total funding sources The property tax rate for FY 2012 was increased from 6.7626 mills to 7.1941 mills; the net property taxes of $26.3 M in FY 2012 represent a 3.2% increase in property tax revenue or an increase of $.8 M from FY 2011. To balance the budget in FY 2012, it required transfers from other funds of $22.2 M and an appropriation of the General Fund undesignated fund balance of $110,000 representing a total of $22.3 M or 34% of all funding sources. Actual Funding Sources Realized: Revenues and transfers realized are $51.2 M or 79% of the budget estimate compared to $52.8 M or 77% realized to date in FY 2011. Ad Valorem Taxes, net of discounts: $21.3 M (95% of the budget estimate) have been received to date versus $20.7 M (94% of the budget estimate) for FY 2011. Other Revenues: The four major revenue sources other than property taxes are: 1. Franchise Fees with $2.8 M or 64% actually collected in FY 2012 compared to $2.8 M or 58% in FY 2011. The percent increase is due to reduced revenue estimates from $5.0 M in FY 2011 to $4.5 M in FY 2012. 2. Business Taxes & Building Permits Business taxes and building permits in total appear that we will realize our total estimated revenues. a. Business taxes are due at the beginning of our fiscal year. It appears that we will fall short of our annual estimate by approximately $200,000. It remains to be seen if all business taxes will be realized. b. Building permits of $1.4 million have already exceeded our annual estimate of $1.1 million and have exceeded year-to-date compared to the $0.9 million in FY 2011. At this rate, we should make up the $200,000 27 of 484 shortfall of business taxes before the fiscal year is complete. 3. State Shared Revenues of $4.3 M or 67% collected in FY 2012 which is ahead of FY 2011 in dollars collected, but behind the 71% of the total budget estimate for FY 2011. The amount budgeted this year reflects the State’s estimate. However, it remains to be seen if all State shared revenues will be collected. 4. Public Safety revenues realized this year are $3.0 M compared to $2.8 M in FY 2011. Transfers From Other Funds: Current practice is to transfer 1/12 of the budgeted transfers from other funds each month. This will result in 100% realization of this funding source for the year. Expenditures (Exhibit B) Budgeted Expenditures: Overall, budgeted expenditures decreased approximately 5% from $68.5 M in FY 2011 to $65.1 M this year. The decrease impacted many departments with the larger decreases coming from Police, Building and Development departments, and Parks Maintenance. Actual Expenditures – Expenditures for the fiscal year to date are $44.8 M that is 69% of the $65.1 M expenditure appropriation for FY 2012. (a) With the expenditures at $44.8 M, we are $1.5 M under last fiscal year spending levels of $46.3 M for this same period. (b) The two largest departments, Police and Fire account for the majority of actual expenditures to date on Exhibit B: Budget @ 67% Expended Difference Pension  Police - $22.7 M - $15.2 M $16.8 M (74%) $1.6 M $2.2 M  Fire - $18.6 M - $12.4 M $13.0 M (70%) $0.6 M $1.9 M (c) The Pension line item is the major item of their budget overage to date. This is primarily due to the one-time payment for the City’s pension obligations at the beginning of the fiscal year in order to save significant ($1.0 M) pension costs as opposed to previous years where the City made monthly payments. 28 of 484 UTILITY REVENUE FUND FY 2011-12FY 2010-11 FY 2012 vs. 2011 Actual to DateActual to Date Annual Annual BudgetActual BudgetBudget %% Amount%Amount% Revenues$ 39,077$ 25,88766%$ 36,309$ 25,77171%8%0% Revenue Fund Increase$ (6,860)$ (4,574)67%$ (4,342)$ (2,895)67%58%58% Net Revenues$ 32,217$ 21,31366%$ 31,967$ 22,87672%1%-7% Expenditures$ (32,217)$ (20,919)65%$ (31,967)$ (21,154)66%1%-1% Operational Variance$ -$ 394$ -$ 1,722 With the approval of the Capital Improvement Plan (CIP) in FY 2010-11 and the bond issue of $45.895 million, the Commission approved necessary rate increases to partially fund and maintain the Utility’s Repair & Maintenance Capital Fund in addition to bond financing. As a result, there are the planned Revenue Fund increases in its Operational Plan in order to meet our CIP needs and to fund our increased debt service requirements. These factors should provide for adequate bond debt service coverage. Operational Forecast - The budgeted operational forecast of the Utility Revenue Fund estimates an excess of revenues over expenditures of $6.8 M for the year resulting in a fund balance increase (excess of revenues over expenditures) before added debt service and transfers to the Repair & Maintenance Capital Improvement Fund. To date this year, we are slightly ahead of our plan by $394 K versus last year’s amount of $1,722 K. See the comment under Expenditures below related to pension payments that accounts for the variance. Revenues (Exhibit C) – Actual revenues to date of $25.8 M and the planned fund balance increase of $4.5 M vary slightly in FY 2012 compared to the $25.7M to date in FY 2011, because of two factors:  Water Sales - $11.9 M equivalent to 65% of the annual estimate, compared to $12.0 M (71%) at this point in FY 2011.  Sewer Service - $10.9 M equivalent to 66% of the annual estimate, compared to $10.7 M (69%) at this point in FY 2011. Expenditures (Exhibit D) – The FY 2012 annual expenditure budget of $32.2 M represents a $0.3 M (1%) increase from the FY 2011 budget of $31.9 M Expenditures to date are $20.9 M or 65% of the annual appropriation compared to similar expenditures for the prior fiscal year. Similar to the General Fund, we are ahead of last year’s spending levels due to the one-time payment for the City’s pension obligations at the beginning of the fiscal year in order to save significant pension costs as opposed to previous years where the City made monthly payments. A: Discuss this Budget Status Report or request clarification at the City LTERNATIVES Commission meeting. 29 of 484 30 of 484 31 of 484 32 of 484 33 of 484 6. C CONSENT AGENDA June 19, 2012 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: June 19, 2012 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: PROPOSED RESOLUTION NO. R12-049 - EQUESTED CTION BY ITY OMMISSION Approve and authorize the Interim City Manager to enter into an agreement for consulting services between the City and Delores Schlesselman to provide analysis and scoring services for the Commercial Interior Build-Out Grant and Commercial Rent Subsidy Grant ER: At the April 17, 2012 meeting, City Commission approved a XPLANATION OF EQUEST pilot grant project offering two grant programs modeled from existing CRA programs The CRA currently utilizes the services of a third-party consultant to review and score the applications. Ms. Schlesselman has provided the City with a similar contract, at the rate of $20 per hour, on an as needed basis when grant applications are submitted. H? Utilizing the same consultant OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES retained by the CRA will allow consistency in review and scoring of applications Citywide. This contract will further the implementation of Economic Development Initiative # 46. FI: Approximately $700 if all eight grants are applied for in this fiscal year. ISCAL MPACT No grant applications have been received to date. Funding will be taken from account 001-2411-524.49-17 as needed. A: Request that staff obtain additional quotes for similar services. LTERNATIVES 34 of 484 RESOLUTION NO. R12- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING A SMALL BUSINESS ANALYST AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND DELORES SCHLESSELMAN ON AN AS NEEDED BASIS TO PROVIDE ANALYSIS AND SCORING SERVICES FOR THE COMMERCIAL INTERIOR BUILD-OUT GRANT AND COMMERCIAL RENT SUBSIDY GRANT; AUTHORIZING THE INTERIM CITY MANAGER TO EXECUTE THE AGREEMENT AND PROVIDING AN EFFECTIVE DATE. WHEREAS, at the April 17, 2012 meeting the City Commission approved a pilot grant project offering two grant programs modeled from existing CRA programs; and WHEREAS , the CRA currently uses the services of a third-party consultant to review and score the applications for the grant programs; and WHEREAS, upon recommendation of staff, the City Commission has determined that it is in the best interests of the residents of the City to enter into a Small Business Analyst Agreement between the City of Boynton Beach and Delores Schlesselman on an as needed basis to provide analysis and scoring services for the Commercial Interior Build-out Grant and Commercial Rent Subsidy Grant. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution upon adoption hereof. Section 2. The City Commission hereby approves a Small Business Analyst Agreement between the City of Boynton Beach and Delores Schlesselman on an as needed basis to provide analysis and scoring services for the Commercial Interior Build-Out Grant and Commercial Rent Subsidy Grant. Section 3. Authorizing the Interim City Manager to execute the Small Business Analyst Agreement, a copy of the Agreement is attached hereto as “Exhibit A.” 35 of 484 Section 4. 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. Prainito, MMC City Clerk (Corporate Seal) 36 of 484 37 of 484 38 of 484 39 of 484 6. D CONSENT AGENDA June 19, 2012 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: June 19, 2012 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: PROPOSED RESOLUTION NO. R12-050 - EQUESTED CTION BY ITY OMMISSION Approve and authorize signing of an Agreement for Water Service outside the City Limits with Jonathan Grosso for the property at 1170 Highland Rd, Lantana, FL. ER: Water service areas have been designated between the XPLANATION OF EQUEST County and local utilities. This was accomplished under agreement #85-757 and revised under City Resolution #00-123, Palm Beach County Agreement R2000-1534. The property covered by this Agreement is located in unincorporated Palm Beach County area outside of the City limits in our water service area north of Miner Rd between N Seacrest Blvd and Federal Highway. The property historically receives water from a well and the owner now requests that we provide potable water in the future. H? The City is able to provide water to OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES the property resulting from water main improvements constructed by Palm Beach County. The owner agrees to be responsible for all costs to provide service to the owner’s premises. No additional construction is required by the City to serve this property. FI: Customers outside the City limits pay an additional 25% surcharge ISCAL MPACT above the water rates charged to customers within the City. 40 of 484 A: Deny request to provide service. If service is denied the Consumptive LTERNATIVES Use Permit could be subject to modification. The Utility Department is granted water allocation under the South Florida Water Management District Consumptive Use Permit. The current permit has limiting restriction #19 that states “The Permittee shall notify the District within 30 days of any change in service area boundary. If the Permittee will not serve a new demand within the service area for which the annual allocation was calculated, the annual allocation may then be subject to modification and reduction”. 41 of 484 RESOLUTION NO. R12- A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING AND DIRECTING EXECUTION OF AN AGREEMENT FOR WATER SERVICE OUTSIDE THE CITY LIMITS AND COVENANT FOR ANNEXATION BETWEEN THE CITY OF BOYNTON BEACH AND JONATHAN W. GROSSO; PROVIDING AN EFFECTIVE DATE. WHEREAS, the subject property is located outside of the City limits, but within our water and sewer service area, at 1170 Highland Road, Lantana, Florida (PCN: 00-43-45-09-08- 000-0980); and WHEREAS , the parcel covered by this agreement includes a single-family home located in unincorporated Palm Beach County portion of the City’s utility service area; and WHEREAS , the property historically receives water from a well and the owner now requests that the City provide potable water in the future; and WHEREAS , no additional construction will be required by the City to serve this property. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution upon adoption hereof. Section 2. The City Commission hereby authorizes and directs the Interim City Manager to execute a Water Service Agreement between the City of Boynton Beach, Florida and Jonathan W. Grosso, a copy of said Agreement is attached hereto as Exhibit "A". Section 3. This Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this _____ day of June, 2012. 42 of 484 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) 43 of 484 44 of 484 45 of 484 46 of 484 47 of 484 48 of 484 49 of 484 50 of 484 51 of 484 52 of 484 6. E CONSENT AGENDA June 19, 2012 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: June 19, 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 special meeting held on June 2, 2012 and the regular meeting held on June 5, 2012. The City Commission met on June 2, 2012 and June 5, 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 53 of 484 54 of 484 55 of 484 56 of 484 57 of 484 58 of 484 59 of 484 60 of 484 61 of 484 62 of 484 63 of 484 64 of 484 65 of 484 66 of 484 67 of 484 68 of 484 69 of 484 70 of 484 71 of 484 72 of 484 73 of 484 74 of 484 75 of 484 76 of 484 77 of 484 78 of 484 79 of 484 80 of 484 81 of 484 82 of 484 6. F CONSENT AGENDA June 19, 2012 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: June 19, 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 recommendations of the Community EQUESTED CTION BY ITY OMMISSION Development Block Grant review committee for funding activities in preparation of the City of Boynton Beach's Five Year Consolidated/One Year Action Plan for FY 2012/2013. The anticipated Community Development Block Grant allocation is $440,824. Previous years funding in the amount of $125,000 will be re-appropriated to complete this budget. ER: The City of Boynton Beach is in its sixteenth year as an entitlement XPLANATION OF EQUEST community for receiving Federal Grant funds. The One Year Action Plan, as a part of the Five Year Consolidated Plan, is being developed with activities listed that show how the use of these funds will address the needs of the Community. Entitlement community status, as determined by the Secretary of the Department of Housing and Urban Development, is one “whereby a Metropolitan City is guaranteed, as determined by formula set forth by the Housing and Community Development Act of 1974, certain sums of money to assist states, counties, cities, and towns in devising innovative approaches to improve the physical, economic, and social conditions in low-income areas”. City activities that are taken on by a municipality must meet three (3) national objectives: 1. Benefit low and moderate-income persons 2. Address slum and blight 3. Meet a particular urgent community development need The following is a list of types of eligible activities:  Property acquisition and disposition  Clearance and demolition 83 of 484  Interim assistance to arrest severe deterioration or alleviate emergency conditions – e.g., hurricane, earthquakes, flooding  Completion of urban renewal projects  Relocation assistance  Loss of rental income (related to relocations)  Code Enforcement  Construction of New Housing  Housing Rehabilitation  Public Facilities and Improvements  Public Services  Removal of Architectural Barriers  Homeownership assistance (e.g., down payment assistance, interest subsidies)  Technical assistance to public or non-profit entities to increase the capacity of such entities to carry out eligible neighborhood revitalization or economic development activities  Provision of assistance to profit motivated businesses to carry out economic development and job creation/retention activities  Lead-based paint testing and abatement Public Facilities and Improvements  Acquisition, installation, construction and rehabilitation of infrastructure (e.g., water/sewer lines, streets and sidewalks)  Acquisition, construction or rehab of neighborhood facilities and facilities for persons with special needs (e.g., homeless shelters, group homes and halfway houses) Public Services  Job training and employment services  Health care and substance abuse services  Child care  Crime prevention  Fair housing counseling Proposals were received as a result of public advertisement and letters sent out to various churches in the community, with a workshop held for the purpose of explaining the program, eligibility requirements, and public input. Using both City staff and representatives of the community, the following represents the committee members that reviewed the applications: Beverly Agee - Attorney Tim Howard - Deputy Director of Financial Services Hanna Matras - Economic Planner Kathleen Perry - Retired PBC School Principal H? As described above, the Community OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES Development Block Grant (CDBG) Program’s purpose is to help the City of Boynton Beach meet the needs of its lower income residents by offering a wide range of Community Development activities. To this end, four (4) proposals were received and evaluated by the committee, and the results are as follows: 84 of 484 Aid to Victims of Domestic Abuse, Inc. – To provide funding for one-half of the salary and benefits of an Intervention Specialist to work with children affected by domestic abuse to help them overcome their fears and learn how to live in safety. The Intervention Specialist will conduct presentations in schools designed to prevent domestic violence with a program that produces positive, measureable results, and will provide individual and group counseling to children as needed. *Funding Request $20,000 Committee Recommendation $15,000 (*Public Service) Boynton Beach Faith-Based Community Development Corporation – The Boynton Beach Faith- Based CDC is a state recognized Community Housing Development Organization (CHODO). The agency proposes to continue to provide ongoing support to the community and the City of Boynton Beach by facilitating the intake process for the affordable housing programs, as well as other ongoing community development initiatives. They are also a Community Based Development Organization (CBDO) which offers the City more flexibility in achieving its Community Development Objectives. Funding Request $134,121 Committee Recommendation $70,000 Community Caring Center of Boynton Beach – The agency requests funding to provide for staffing costs and other administrative cost related to the program, i.e. utilities, mortgage assistance, insurance and accounting services. Agency provides mortgage, rent, and utility payment assistance, food and food vouchers, medication purchase assistance, and direct emergency social services to seniors, to name just a few of their numerous programs. *Funding Request $40,000 Committee Recommendation $38,000 (*Public Service) Community Caring Center dba “Ocean Avenue Green Market” – The Community Caring Center is facilitating a not-for-profit cooperative/incubator/grocery store. The program includes creating awareness and educating the public by involving the faith community and creating a business incubator focusing on entrepreneurs whose businesses are related to the food industry. Funding Request $25,000 Committee Recommendation $20,000 (Economic Development) City of Boynton Beach Recreation Department – Provides summer camp scholarships to low income students eligible for free and reduced lunches. Committee Recommendations $13,123 (*Public Service) Summary: Sub-grantee funding.................................................................................................................. $143,000 City of Boynton Beach Recreation Department .......................................................................... $13,123 Planning & Grant Administration ................................................................................................. $88,164 Housing Rehabilitation & Delivery ............................................................................................ $196,537 Economic Development ……………………………………………………………………………..$125,000 TOTAL ...................................................................................................................................... $565,824 [*Public Service funding = $66,123] FI: The City of Boynton Beach’s CDBG allocation for FY 2012/2013 is $440,824, ISCAL MPACT which is an approximate eight percent (8%) decrease from FY 2011/2012. Twenty percent or $88,164 will be used for the administration of the CDBG program. Fifteen percent or $66,123 of the 85 of 484 funds will be used to provide public services to the residents of the City of Boynton Beach. $125,000 will be reprogrammed from previous year’s allocation. A: The City of Boynton Beach would have to use General Fund dollars, or LTERNATIVES discontinue is revitalization efforts. 86 of 484 87 of 484 88 of 484 89 of 484 90 of 484 6. G CONSENT AGENDA June 19, 2012 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: June 19, 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 May 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 May 2012: Purchase Order Vendor Amount 120752 Dell Marketing LP $ 21,526.20 120758 Atlantic Icon Corp. $ 12,375.12 120759 Metro-Dade K-9 Services $ 10,500.00 120781 Trane $ 17,344.00 120788 Natal Air Conditioning $ 10,409.00 120796 Siemens $ 24,936.00 120801 Roy Khanna $ 16,109.76 120804 Uretek ICR, LCC $ 13,310.00 91 of 484 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. 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 92 of 484 93 of 484 94 of 484 95 of 484 96 of 484 97 of 484 98 of 484 99 of 484 100 of 484 101 of 484 102 of 484 103 of 484 104 of 484 105 of 484 106 of 484 107 of 484 108 of 484 109 of 484 110 of 484 111 of 484 112 of 484 113 of 484 114 of 484 115 of 484 116 of 484 117 of 484 118 of 484 119 of 484 120 of 484 121 of 484 122 of 484 123 of 484 124 of 484 125 of 484 126 of 484 127 of 484 128 of 484 129 of 484 130 of 484 131 of 484 132 of 484 133 of 484 134 of 484 135 of 484 136 of 484 137 of 484 138 of 484 139 of 484 140 of 484 141 of 484 142 of 484 143 of 484 144 of 484 145 of 484 146 of 484 147 of 484 148 of 484 149 of 484 150 of 484 151 of 484 152 of 484 153 of 484 154 of 484 155 of 484 156 of 484 157 of 484 158 of 484 159 of 484 160 of 484 161 of 484 162 of 484 163 of 484 164 of 484 165 of 484 6. H CONSENT AGENDA June 19, 2012 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: June 19, 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 second quarterly status report of the EQUESTED CTION BY ITY OMMISSION st City of Boynton Beach Economic Development Program Implementation for the 1 quarter 2012. ER: The City Commission acceptance of the Economic XPLANATION OF EQUEST Development Program at the October 18, 2011 meeting authorized staff to begin implementation of the Economic Development Initiatives & Implementation Plan (EDIIP). The (EDIIP) serves as the work plan for the City based Economic Development team. H? The City will continue to OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES demonstrate its commitment and partnership in the efforts to achieve economic stability and growth for both its resident and business communities. Through continued development of programs, streamlining of governmental processes, cooperative partnerships, and identification of viable incentives, the City will be positioned to attract and retain both residents and businesses. FI: Initiatives accomplished continue to focus on those that could be ISCAL MPACT accomplished through policy changes and staff time. A: Not to accept the report. LTERNATIVES 166 of 484 City of Boynton Beach Economic Development Program Quarterly Report For the period: January – March, 2012 Presented to City Commission on June 19, 2012 At the October 18, 2011 City Commission meeting, the Mayor and City Commissioners unanimously agreed to accept the recommendations of the Economic Development Program along with the Economic Development Initiatives and Implementation Plan (EDIIP). This approval directed City staff to begin/continue work on the implementation initiatives. As requested, internal initiatives that can be implemented by City staff have been moving forward, and all initiatives that would have fiscal and/or economic impact to the city and community are being brought before the Commission for policy direction. This is the first of a regular cycle of quarterly reports that will be brought back for City Commission review of progress and discussion for adjustment in priorities. It is staff’s desire to inform and educate, give status reports and answer questions, and receive direction from the Commission. Please accept this quarterly report for the period of January 1, 2012 through March 31, 2012. City staff will provide additional detail at the request of the City Commission. Completed initiatives are indicated in grey. Active items accomplished or underway during the reporting period are highlighted in yellow. Notes or an adjustment to the projected timeline or cost is indicated in blue. Please note that the integrity of the original numbering system from the approved EDIIP has been maintained to assist in associating the various initiatives with Commission Agenda item references. ECONOMIC DEVELOPMENT INITIATIVES & IMPLEMENTION PLAN Timeline Key for initiatives/action items:  (E) Existing (already implemented or underway)  (SShort-term: (0-2 years) )  (M)Medium-term (3-7 years)  (L)Long-term (8 yrs +) Completed or In progress 1. Utilities- delayed payment of capital Facilities (E) charges/incremental payment plans 2. Green Building Program – Phase I (E) 3. Expedited Permitting (Ord. 09-049) (E) 4. Telephone automated and on line inspection and permit status (E) 5. LDR re-write (E) 6. “Host & Boast” events – USGBC/ICC - June 2011; Gold Coast (E) Builders - September 2011; “Sustainable You” Conference - October 2011 7. Establishment of a separate conditional use process for (E) 167 of 484 business approvals: a shorter process, less costly to applicants who seek use change within an existing development. 8. Significantly more proactive initiation of code amendments (E) geared at accommodation of business needs – cooperative, joint, and expeditious with city-wider scope. 9. Enhanced streetscapes – Seacrest Blvd; 4 th Ave; Federal Hwy (E) ZONING DISTRICTS USE REVIEW (E) 10. Review zoning districts for expanded use potential/increased NOI study flexibility: underway a. Adapt to matrix for consistency b. Evaluate C4/M1 use provisions i. Expand C-4 district to include heavy commercial/light industrial uses ii. Accommodate market trends iii. Consider model districts/ordinances (such as “The Light Industrial Land Use Toolkit” by IPARC’s Industrial Land Study Subcommittee) (E) 11. Use approval lists for Planned Industrial Districts (PIDs): NOI study a. Administrative process for amending or interpreting underway i. Review use compatibility interpretation guides in other communities b. Amend lists expanding uses to avoid/minimize amendments c. Amend to coincide with new zoning matrix ZONING MAP REVIEW (E) 12. Evaluation of Zoning Map for economic diversity/value added NOI in place to a. Comparison overlay of City to County zoning districts for BDB conduct study marketing b. Not-for-profit use provisions c. City-wide evaluation of sites for potential rezoning to commercial or industrial uses (E) 13. Introduction of a policy guiding land use/rezoning decisions (ED NOI in place to plan and Comprehensive Plan amendment): conduct study a. Area-or parcel-specific b. Land use designation-specific INTERIM RELIEF PROVISIONS (E) 15. Potential targets for interim relief provisions in economic Workforce recession Housing a. Identification – Workforce Housing; Recreation Impact Fees; temporary Art-in-Public Places; Utilities reservation and capital facilities suspension, Ord. fees; Planning & Zoning fees; Building fees; County Impact 11-031 fees; Engineering fees Recreation Fee b. Implementation through ordinance changes - Temporary adjustment Ord suspension; fee reductions; payment options; waivers; rebates 11-032 168 of 484 DEVELOPMENT PROCESS REVIEW AND ENHANCEMENT (E) 16. Adopt operational goals/objectives to guide all in furthering the economic initiatives. a. Through the Planning Department pre-application process, identify early project needs, hurdles, etc and proactively seek info and necessary solutions b. Team based liaison service, to include interface with outside agencies on prospective business’ behalf (E) 17. Review processes for improvements Staff is in the a. Create an expeditious, streamlined process for process of expired/previously reviewed projects reviewing b. Continue automation efforts to increase speed and accuracy of software and communications related to applications, reviews and obtaining quotes completions. for c. Expand options for administrative review to expedite enhancements. development and reduce costs due to time delays Universal d. Continue efforts with the County to develop unified application Building and review processes for building related activity Application was activated 12/1/2011 Additional Business Services (E) 19. Establish a procedure in Business Tax for identifying and tracking Monthly/Quarterly new and existing businesses for follow up by the Economic reports Development Director’s office to offer retention/expansion services. distributed to CRA and BB Chamber (E) 21. Web based Business Tax information in GIS format, updated Map is available quarterly on Web, updated daily (E) 24. Projects in permitting >$100K in value – monthly report Report created & distributed monthly Cooperation, Communication, Education and Marketing (S) 33. Implement Branding Program 2/7/2012 a. Host a major kickoff event Branding Promise b. Partner with County Visitors Bureau efforts to maximize to Commission “Breeze into Boynton” campaign with City’s branding efforts (E) 34. Establish/maintain network with related agencies re business City staff retention, growth, additional incentives, etc. (PBC EDO; BDB; CVB) regularly attending BDB & GBB Chamber meetings; 169 of 484 ongoing communications with PBC EDO Other Initiatives and Incentives (S) 39. Establish an Economic Development Team consisting of City, CRA and Chamber staff with designated Team Liaisons within each organization (S) $ 46. Research best practices related to monetary & other incentives (assuring results oriented payback and best ROI) Staff will be bringing j. Grant opportunities recommendations k. Planning and professional design fee rebates to adopt grants in April 2012 (S) 50. Explore the reprogramming of future CDBG allocations toward Research Economic Development underway; recommendations to Commission in June Land Development Regulations and Zoning INTERIM RELIEF PROVISIONS 14. (S) Revise Code of Ordinances, Chapter 8, to clarify target businesses and specify incentives DEVELOPMENT PROCESS REVIEW AND ENHANCEMENT (L) 18. Add Economic Development Plan (when completed) as an element to the Comp Plan Additional Business Services (S) 20. Development ATLAS update (S) 22. Business Tax statistical information – historic trends with annual review (S) 23. Enhanced Permitting services – On-line digital submittal and $ comment reply. (M) 25. Projects in permitting >$100K in value – monthly report – GIS Format (M) 26. Customized small scale market research for applicants $ (M) 27. Inventory/maintain vacant land and leasing space availability (M) 28. Establish documents explaining effects of new laws on processes and applications (M) 29. Development process flow-charts, facts sheets, and cost schedule for distribution 170 of 484 (M)/ (L) 30. Business Tax fee structure analysis (requires State legislative $ change) (M)/ (L) 31. Integration and codification of Sustainability initiatives that offer $ economic incentives, such as credit for on-site water processes that avert the necessity for increased capacity/capital facility costs Cooperation, Communication, Education and Marketing (S)/ (M) 32. Develop a comprehensive Economic Development Plan, including goals and objectives fro the City, Boynton Beach CRA and Greater Boynton Beach Chamber of Commerce (S) 35. Host a major stakeholder event to introduce the plan and gather data via survey to support Target Business analysis Suggested stakeholder list: a. Community Redevelopment Agency b. Chamber of Commerce c. Business Development Board d. Convention and Visitors Bureau e. Agency for Workforce Innovation f. Educational institutions: PBSC, FAU, Florida Career College g. Real estate boards and associations (Realtors Association of the Palm Beaches) h. Large real estate commercial brokerage firms (CBRE, Cushman & Wakefield etc) i. Local developers/agents/land use lawyers j. Large landowners/employers for regular and early identification of issues (BB Mall, Bethesda, Compson, Winchester property, Quantum vacant parcel etc.) k. Other local/county governments for feedback on program success l. Community Relations Board m. COBWRA n. Greater Boynton Beach Foundation o. Palm beach County Cultural Council p. United Way q. Banks/Financial Institutions r. Business Development Firms (i.e. Paul Skyers) s. Venture Capital – including minority/specialty financing t. Children’s Services Council u. Literacy Coalition v. WXEL w. School Board (Zyscovich?) x. Neighborhood Associations y. Non-Chamber affiliated businesses to include minority and small scale z. International/global business connection (needs to be identified) 171 of 484 aa. Small Business Administration bb. Urban League cc. TED Center (S) 36. Coordinate job training resources and opportunities through Workforce Development, local education institutions and HUD (S) 37. Create an Economic Development Webpage Sample site: http://www.rockymountnc.gov/econdev.html ) a. Feature active marketing of previously approved/vacant/for sale properties:, such as:  Arches Location: Ocean Ave/US1, Acreage: 4.69; Opportunity: Mixed Use: previously approved for 55,164 square feet of commercial/378 residential units  Casa del Mar Yacht Club Location: 2632 N. Federal Hwy; Acreage: 4.11; Opportunity: marina and yacht club, approved for 320 dry/35 wet slips, 75,013 sq ft of building area.  Bank of America Location: 114 N. Federal Hwy; Acreage: 3.0; Opportunity: High density mixed use; current use: branch bank  Winchester property Location: Knuth Rd/Boynton Beach Blvd; Acreage: 13; Opportunity: commercial (Planned Commercial District); current use: vacant (S) 38. Develop a youth connection $ a. Use social media outreach b. Integrate marketing message into an attractor event such as the International Kinetic Art Exhibit and Symposium c. Through educational outreach in cooperation with local schools, area Universities & Colleges Other Initiatives and Incentives (S) 40. Hire an Economic Director/Program Coordinator $ (M) 41. Establish an independent Economic Development Office funded by $ partnership with Boynton Beach CRA and Chamber of Commerce (S) 42. Establish a PACE funding mechanism to assist Business and multi- $ family developments in funding energy upgrades in partnership with the Chamber of Commerce (M) 43. Expand PACE into residential marketplace should favorable Federal $ legislation be enacted (M) 44. Annexation: ISBA program (If County continues program) $ (S) 45. Formalize and expand the “Host & Boast” (Gateway Ambassadors?) program through the creation of standardized marketing points (S) 46. Research best practices related to monetary & other incentives (assuring results oriented payback and best ROI) 172 of 484 a. Partner with County EDO through Interlocal Agreement to utilize software to analyze economic impact of prospective businesses and site development Explore potential to utilize: b. New Market Tax Credits c. EDA Title 9 Grants d. SBA 7 (a) Loan Program e. SBA 504 Loan Program f. CDBG Section 108 Loan Program g. Fee Waiver, reduction, rebates h. Tax Credits/incentives i. Revolving Loan Funds (public/private partnership) j. Grant opportunities k. Planning and professional design fee rebates l. Relaxed parking requirements m. Density bonuses (S) 47. Prepare a Business Marketing Packet, to include all available $ County and City incentives, demographics, and quality of life information (S) 48. Prepare a Business Recovery Plan to establish a Business Recovery Center following emergency/disaster event. (S) 49. Approach Palm Beach County Economic Development Office about $ interlocal agreement to share the Regional Economic Model Software (REMI) for determining a projects economic impact to the City 173 of 484 6. I CONSENT AGENDA June 19, 2012 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: June 19, 2012 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: PROPOSED RESOLUTION NO. 12-051 - EQUESTED CTION BY ITY OMMISSION Approve agreement with GovernmentJobs.com, Inc., d/b/a NeoGov for Applicant Tracking Software and authorize Interim City Manager to sign agreement for a total cost of $11,000 ER: The City has evaluated and received quotes from four XPLANATION OF EQUEST vendors of applicant tracking systems. Staff has identified NeoGov as responsive to our existing needs, coupled with being the least expensive service option. While the Human Resources department currently has a documented hiring process, it is limited by the capabilities of the current applicant tracking software. Specifically, the following limitations should be noted: • Slow internal communication between departments about vacancies. • Tedious manual requisition process and inability to track data by requisition. • Extended time-to-hire and time-to-fill metrics. • High volume of applications and resumes with no efficient way to review and manage them. • Inability to promptly access and report key data. • Duplication of recruiting efforts within department. • Excessive maintenance and support issues. • Slow response time for resolutions on technical support issues. • Ineffective tracking of EEO compliance data. • Non-existent ADA compliance. • Loss of qualified candidates. 174 of 484 This not only affects business functions due to the poor allocation of staff hours, but it also creates the potential for legal concerns, taints the City's reputation by straining relationships with the public as many users find themselves in frustrating situations when dealing with our current software application. H? After much research into different OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES ways to enhance the use of the current software, Human Resources recommends entering into an agreement with a different software company. Human Resources proposes to end the current agreement with SunGard Public Sector Inc. - KA module and enter into an agreement with NEOGOV. The department is confident that implementing this change will: • Significantly improve relationships between hiring managers and Human Resources. • Streamline the requisition design and approval process. • Improve the quality of individuals hired in the organization. • Allow for the allocation of staff hours to other pressing demands in the department. • Offer a cost-effective hiring process. ’ • Improve the Citys image by restoring relationships with displeased members of the public. FI: Funding is available in the Human Resources Department's FY 2011- ISCAL MPACT 2012 budget for the purchase of this software as a service. If the Commission approves the agreement with NeoGov, the City will be able to take advantage of the following promotional savings offered until June 30, 2012:  20% off annual maintenance fees for life, meaning that our recurring annual cost will be $8,500 instead of $10,800.  Additionally, our one-time training and implementation fees will be reduced by 50%, so that this one time cost will be $2,500 instead of $5,000. A: Do not enter into Agreement with NeoGov, and consider request for LTERNATIVES purchase of software during the upcoming FY 2012-2013 budget process with full expenditures of $15,800 and recurring expenditures of $10,800 without benefit of discount. 175 of 484 RESOLUTION NO. R12- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING A SERVICE AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND GOVERNMENTJOBS.COM, INC., D/B/A NEOGOV FOR APPLICANT TRACKING SOFTWARE; AUTHORIZING THE INTERIM CITY MANAGER TO EXECUTE THE AGREEMENT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS , the City Commission of the City of Boynton Beach, Florida , upon the recommendation of staff, deems it to be in the best interests of the City residents to enter into a Service Agreement with GovernmentJobs.com, Inc., d/b/a NeoGov for Applicant Tracking Software. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution upon adoption hereof. Section 2. The City Commission of the City of Boynton Beach, Florida hereby approves the Service Agreement between the City of Boynton Beach and GovernmentJobs.com, Inc., d/b/a NeoGov for Applicant Tracking Software. Section 3 . The Interim City Manager is authorized to execute the Service Agreement, a copy of which Agreement is attached hereto as Exhibit “A.” Section 4. 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 176 of 484 ______________________________ Vice Mayor – Mack McCray ______________________________ Commissioner – William Orlove _______________________________ Commissioner – Steven Holzman _______________________________ ATTEST: Commissioner – Marlene Ross _________________________ Janet M. Prainito, MMC City Clerk (Corporate Seal) 177 of 484 178 of 484 179 of 484 180 of 484 181 of 484 182 of 484 183 of 484 184 of 484 185 of 484 186 of 484 187 of 484 188 of 484 189 of 484 190 of 484 191 of 484 192 of 484 193 of 484 194 of 484 195 of 484 196 of 484 Service Agreement THIS ON-LINE SERVICES AGREEMENT (this “Agreement”) is made and entered into this GovernmentJobs.com, Inc. _________ day of ___________________, 2012, by and between , a City of Boynton Beach, FL California corporation (d/b/a “NEOGOV”), and the a public entity acting by and through its duly appointed representative (“Customer”). Provision of On-line Services 1. . (a) Customer hereby engages NEOGOV, and NEOGOV hereby agrees (subject to the terms and conditions set forth herein), to provide the services (the “Services”) more fully described in this Agreement and in Exhibit A (Order Form). Customer hereby acknowledges and agrees that NEOGOV’s provision and performance of the Services is dependent and conditioned upon Customer’s full performance of its duties, obligations and responsibilities hereunder. Additional NEOGOV Responsibilities 2. . In connection with the performance of this Agreement, NEOGOV shall be responsible for the following: (a) NEOGOV shall provide all required hosting and operations support for the applications provided through this agreement. (b) NEOGOV shall follow those support, maintenance and other procedures and shall provide those support, maintenance and other services to Customer more fully described in this Agreement. Customer Responsibilities 3. . In connection with the performance of this Agreement and the provision of the Services, Customer shall be responsible for the following: (a) NEOGOV's logos, including the “powered by” logo, may appear on the “employment opportunities”, “job description” and other pages of Customer's web site. (b) Customer shall be responsible for ensuring that Customer’s use of the Services and the performance of Customer’s other obligations hereunder comply with all laws applicable to Customer. (c) Customer shall be responsible, as between NEOGOV and Customer, for the accuracy and completeness of all records and databases provided by Customer in connection with this Agreement for use on NEOGOV’s system. Ownership, Protection and Security 4. . (a) The parties agree that the NEOGOV marks and the Customer marks shall both be displayed on and through NEOGOV’s system(s). (b) Ownership of any graphics, text, data or other information or content materials and all records and databases supplied or furnished by Customer hereunder for incorporation into or delivery through the application(s) described in this agreement shall remain with Customer, and NEOGOV shall cease use of all such material upon termination of this Agreement. 197 of 484 (c) Customer acknowledges and agrees that nothing in this Agreement or any other agreement grants Customer any licenses or other rights with respect to NEOGOV’s software system (source code or object code) other than the right to receive Services as expressly provided herein. NEOGOV shall retain all ownership in the intellectual property and all other proprietary rights and interests associated with NEOGOV’s software system and Services and all components thereof and associated documentation, except as expressly provided herein. (d) NEOGOV grants to Customer a limited license during the term of this Agreement to use and reproduce NEOGOV's trademarks and logos for purposes of including such trademarks and logos in advertising and publicity materials and links solely as permitted hereunder. All uses of such trademarks and logos shall conform to Customer's standard guidelines and requirements for use of such trademarks and logos. NEOGOV Representations and Warranties 5. . (a) Service Performance Warranty. NEOGOV warrants that it will perform the Services in a manner consistent with industry standards reasonably applicable to the performance thereof. (b) No Other Warranty. EXCEPT FOR THE EXPRESS WARRANTIES SET FORTH IN THIS SECTION 5, THE SERVICES ARE PROVIDED ON AN “AS IS” BASIS, AND CUSTOMER’S USE OF THE SERVICES IS AT ITS OWN RISK. NEOGOV DOES NOT MAKE, AND HEREBY DISCLAIMS, ANY AND ALL OTHER EXPRESS AND/OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT AND TITLE, AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE. NEOGOV DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE. (c) Disclaimer of Actions Caused by and/or Under the Control of Third Parties. NEOGOV DOES NOT AND CANNOT CONTROL THE FLOW OF DATA TO OR FROM THE NEOGOV SYSTEM AND OTHER PORTIONS OF THE INTERNET. SUCH FLOW DEPENDS IN LARGE PART ON THE PERFORMANCE OF INTERNET SERVICES PROVIDED OR CONTROLLED BY THIRD PARTIES. AT TIMES, ACTIONS OR INACTIONS OF SUCH THIRD PARTIES CAN IMPAIR OR DISRUPT CUSTOMER’S CONNECTIONS TO THE INTERNET (OR PORTIONS THEREOF). ALTHOUGH NEOGOV WILL USE COMMERCIALLY REASONABLE EFFORTS TO TAKE ALL ACTIONS IT DEEMS APPROPRIATE TO REMEDY AND AVOID SUCH EVENTS, NEOGOV CANNOT GUARANTEE THAT SUCH EVENTS WILL NOT OCCUR. ACCORDINGLY, NEOGOV DISCLAIMS ANY AND ALL LIABILITY RESULTING FROM OR RELATED TO SUCH EVENTS. Publicity 6. . Following execution of this Agreement, the parties hereto may issue a press release, the form and substance of which shall be mutually agreeable to the parties, announcing the relationship created by this Agreement. Except as expressly contemplated herein, neither party shall issue any additional press release which mentions the other party or the transactions contemplated by this Agreement without the prior consent of the other party, which consent shall not be unreasonably withheld. Nondisclosure 7. . Through exercise of each party’s rights under this Agreement, each party may be exposed to the other party’s technical, financial, business, marketing, planning, and other 198 of 484 information and data, in written, oral, electronic, magnetic, photographic and/or other forms, including but not limited to (i) oral and written communications of one party with the officers and staff of the other party which are marked or identified as confidential or secret or similarly marked or identified and (ii) other communications which a reasonable person would recognize from the surrounding facts and circumstances to be confidential or secret ("Confidential Information") and trade secrets. In recognition of the other party’s need to protect its legitimate business interests, each party hereby covenants and agrees that it shall regard and treat each item of information or data constituting a trade secret or Confidential Information of the other party as strictly confidential and wholly owned by such other party and that it will not, without the express prior written consent of the other party or except as required by law including the Public FLORIDA Records Act of the State of , redistribute, market, publish, disclose or divulge to any other person, firm or entity, or use or modify for use, directly or indirectly in any way for any person or entity: (i) any of the other party’s Confidential Information during the term of this Agreement and for a period of three (3) years after the termination of this Agreement or, if later, from the last date Services (including any warranty work) are performed by the disclosing party hereunder; and (ii) any of the other party’s trade secrets at any time during which such information shall constitute a trade secret under applicable law. Liability Limitations 8. . (a) If promptly notified in writing of any action brought against Customer based on a claim that NEOGOV’s Services infringe a United States patent, copyright or trademark right of a third party (except to the extent such claim or infringement relates to any third party software incorporated into NEOGOV’s applications), NEOGOV will defend such action at its expense and will pay any and all fees, costs or damages that may be finally awarded in such action or any settlement resulting from such action (provided that Customer shall permit NEOGOV to control the defense of such action and shall not make any compromise, admission of liability or settlement or take any other action impairing the defense of such claim without NEOGOV’s prior written approval). (b) Customer acknowledges and agrees: (i) that NEOGOV has no proprietary, financial, or other interest in the goods or services that may be described in or offered through Customer’s web site; and (ii) that except with respect to any material supplied by NEOGOV, Customer is solely responsible (as between NEOGOV and Customer) for the content, quality, performance, and all other aspects of the goods or services and the information or other content contained in or provided through Customer’s web site. OTHER THAN THOSE WARRANTIES EXPRESSLY SET FORTH IN THIS (c) AGREEMENT, NEOGOV DOES NOT MAKE ANY WARRANTIES TO CUSTOMER OR ANY OTHER PERSON OR ENTITY, EITHER EXPRESS OR IMPLIED (INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH RESPECT TO THE SERVICES PROVIDED HEREUNDER. NEOGOV SHALL NOT BE LIABLE TO CUSTOMER OR TO ANY OTHER PERSON OR ENTITY, UNDER ANY CIRCUMSTANCE OR DUE TO ANY EVENT WHATSOEVER, FOR CONSEQUENTIAL OR INDIRECT DAMAGES, INCLUDING, WITHOUT LIMITATION, LOSS OF PROFIT, LOSS OF USE OR BUSINESS STOPPAGE. (d) Under no circumstances shall NEOGOV’s total liability to Customer or any other person, regardless of the nature of the claim or form of action (whether arising in contract, tort, strict liability or otherwise), exceed the aggregate amount of fees and revenue received by NEOGOV 199 of 484 hereunder for the prior twelve (12) month period; provided, however that the foregoing limitations set forth in this Section 8(d) shall not apply to actions brought under 8(a) above or to any injury to persons or damages to property arising out of NEOGOV’s gross negligence or willful, gross misconduct. Term and Termination 9.. (a) This Agreement shall commence as of the date hereof and remain in effect for twelve (12) months unless terminated by either party as set forth herein (“Initial Term”). (b) This Agreement may be renewed for additional terms (“Renewal Term”) equal in duration to the Initial Term provided Customer notifies NEOGOV at least thirty (30) days prior to the end of the Initial Term or a Renewal Term. (c) NEOGOV reserves the right to terminate this Agreement immediately if the Services provided hereunder become illegal or contrary to any applicable law, rule, regulation or public policy. Each party shall have the right to terminate this Agreement upon sixty (60) days prior written notice to the other party. (d) Within sixty (60) days of notification of termination of this Agreement, NEOGOV shall provide Customer with a dedicated data files suitable for importation into commercially available database software (e.g., MS-Access or MS-SQL) The dedicated data files will be comprised of Customer’s data contained in NEOGOV’s system. The structure of the relational database will be specific to the Customer’s data and will not be representative of the proprietary NEOGOV database. Payments 10. . (a) Initial Term. See Exhibit A (Order Form). (b) Renewal Term(s). For each Renewal Term, NEOGOV will continue to provide Customer with the Services, and will provide maintenance and support services as described herein, provided Customer issues a purchase order or modification to this Agreement and pays NEOGOV in advance the annual recurring charges then in effect. If there is an increase in annual maintenance and support charges, NEOGOV shall give Customer written notice of such increase at least thirty (30) days prior to the expiration of the applicable term. Force Majeure 11. . NEOGOV shall not be liable for any damages, costs, expenses or other consequences incurred by Customer or by any other person or entity as a result of delay in or inability to deliver any Services due to circumstances or events beyond NEOGOV’s reasonable control, including, without limitation: (i) acts of God; (ii) changes in or in the interpretation of any law, rule, regulation or ordinance; (iii) strikes, lockouts or other labor problems; (iv) transportation delays; (v) unavailability of supplies or materials; (vi) fire or explosion; (vii) riot, military action or usurped power; or (viii) actions or failures to act on the part of a governmental authority. Piggyback Clause. 12. It is understood and agreed by Customer and NEOGOV that any governmental entity may purchase the services specified herein in accordance with the prices, terms, and conditions of this agreement. It is also understood and agreed that each local entity will establish its own contract with NEOGOV, be invoiced therefrom and make its own payments to NEOGOV in accordance with the terms of the contract established between the new 200 of 484 governmental entity and NEOGOV. It is also hereby mutually understood and agreed that Customer is not a legally bound party to any contractual agreement made between NEOGOV and any entity other than Customer. Miscellaneous 13. . Either party may not assign its rights or obligations under this Agreement without the prior written consent of the other party. This Agreement may not be modified or amended (and no rights hereunder may be waived) except through a written instrument signed by the party to be bound. This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and shall be governed by and construed in accordance with FLORIDA the laws of the State of , without giving effect to conflict of law rules. Customer acknowledges and agrees that this Agreement is not intended to be and shall not be construed to be a franchise or business opportunity. IN WITNESS WHEREOF , the parties have caused this Agreement to be executed by their respective duly authorized officers as of the date set forth above. Customer Signature: Print Name: Title: GovernmentJobs.com, Inc. , a California corporation Signature: Print Name: Scott Letourneau Title: President Date: EXHIBIT A – ORDER FORM Customer: Bill To: Attention To: Juile Oldbury Address: 100 E. Boynton Beach Blvd. Boynton Beach, FL 33425 AGENCY NAME: City of Boynton Beach, FL Phone: (561) 742-6277 Email: oldburyj@bbfl.us 201 of 484 Quote Date: Revision: 1 3/17/2015 Valid From: 3/17/2015 Order Number: Valid To: 6/30/2012 Requested Service Initial Term: 12 Months TBD Date: Order Summary Annual Non- Recurring Recurring 1 Line Description Cost Cost 1.0 Insight Enterprise Edition Subscription License $10,800.00 1.1 $8,500.00 1.2 Provisioning $2,500.00 Training $2,500.00 1.3 WAIVED $10,800.0 0 $5,000.00 Sub Total: $8,500.00 $2,500.00 $15,800.00 2 Order Total: $11,000.00 1 More detailed descriptions of the services are contained in the order detail for each service, which are incorporated herein and made a part hereof by this reference. 2 th Promotional pricing is applied to this agreement if it is signed, executed, and returned before June 30, 2012. 202 of 484 Order Detail 1.0 Insight Enterprise Edition 1.1 License Subscription The Customer’s subscription to the Insight Hiring Management Software includes the following functionality: Recruitment Customized online job application Accept job applications online Online applications integration with current agency website Online job announcements and descriptions Automatic online job interest cards Proactively search your applicant database Real-time database of all applicant information Recruitment and examination planning Selection Create, store, and reuse supplemental questions in the Insight item bank Screen applicants automatically as they apply Define unique scoring plans per recruitment, or copy existing scoring plans Test Item bank (optional in TMS) Conduct item analysis Test processing (automatically input Scantron test data sheets)* Test analysis and pass-point setting Score, rank, and refer applicants Applicant Tracking Email and hardcopy notifications EEO Data collection and reports Track applicants by step/hurdle Schedule written, oral, and other exams Detailed applicant history record Skills tracking and matching Reporting and Analysis Collect and report on EEO data Analyze and report on adverse impact and applicant flow Track and analyze data such as time-to-hire, recruitment costs, staff workload, applicant quality, etc. Over 80 standard system reports Ad Hoc reporting tool HR Automation Create and route job requisitions Refer and certify applicants electronically Scan paper application materials * Cost of the scanner is not included unless listed on Exhibit A – ORDER FORM * Requires a Scantron or similar Optical Mark Reader (OMR) scanner, special forms, form set-up, and scanner software, which are not included unless listed on Exhibit A – ORDER FORM Additionally, during the term of the subscription, the Customer will be provided: 203 of 484 Unlimited Customer Support (6:00 AM – 6:00 PM PT) Customer Support shall be provided to the Customer both on-line and by telephone Monday – Friday, 6:00 AM – 6:00 PM PT (excluding NEOGOV holidays). Product Upgrades to Licensed Software Customer shall receive all product upgrades to purchased package. Product upgrades are automatic and available upon the next login following a product upgrade rollout. Product upgrade rollouts are generally released every three months. 1.2 Provisioning The following activities are conducted as part of the Insight Enterprise implementation  Conduct a project kick off meeting to review the project timeline, deliverables, and establish project expectations  NEOGOV will establish an Agency-specific training environment that will be used during training and post-training to allow the Agency to learn the system and begin defining new roles, responsibilities, and activities within the HR staff  NEOGOV will conduct eight hours of on line instructor led training. NEOGOV will provide all required user exercises and user guides to the Agency.  Once the core user community is comfortable with the system (typically within 10 hours of hands-on use) they will train the remaining HR staff to complete their tasks using Insight.  Between the training and go-live, NEOGOV will complete the following activities: Creating an agency-specific training environment which is used by your agency o during training and afterwards to train in prior to moving into production Configure printable job bulletin o Integrate your new production job opportunities, promotional opportunities, and o class specifications web pages into your existing agency website Establish the Agency’s Insight Enterprise production environment o 1.3 Training NEOGOV will deliver training to Agency recruiters. We will provide all required user exercises and user guides to the Agency. Following the training, your agency will have full access to the training environment. Additionally, your agency has full access to our Customer Support Help Desk during the training to help new users fully utilize Insight. Our existing customers find that this unique implementation approach enables their users to become familiar with Insight in a safe environment, promoting system use and leading to a more successful rollout. Order Form Terms and Conditions: (1) The Customer hereby orders and GovernmentJobs.com, Inc. (d/b/a NEOGOV hereafter “NEOGOV”) agrees to provide the services described in this Order Form. THE SERVICES ARE PROVIDED PERSUANT TO THE TERMS AND CONDITIONS OF THIS ORDER FORM AND THE SERVICE AGREEMENT BETWEEN NEOGOV AND THE CUSTOMER. 204 of 484 (2) The Customer agrees that the payment schedule is as follows: Provide all required software and Licenses  One hundred percent (100%) of the annual license price is payable within thirty (30) days of execution of this Order Form and Service Agreement. ($8,500.00) Software Provisioning for first half of Insight Enterprise  One hundred percent (100%) of the non-recurring costs are to be paid to NEOGOV within thirty (30) days of the execution of this Order Form and Service Agreement. ($2,500.00) Completion of Training  One hundred percent (100%) of the training price is payable within thirty (30) days of completion of training. (WAIVED) (3) Neither the Customer nor NEOGOV will be bound by this Order Form until it has been signed by authorized representatives of both parties. (4) Changes or alterations to this Order Form will not be accepted. THERE ARE SIGNIFICANT ADDITIONAL TERMS AND CONDITIONS, WARRANTY DISCLAIMERS AND LIABILITY LIMITATIONS CONTAINED IN THE SERVICE AGREEMENT BETWEEN THE CUSTOMER AND NEOGOV. DO NOT SIGN THIS ORDER FORM BEFORE YOU HAVE READ THE SERVICE AGREEMENT IN ITS ENTIRETY. YOUR SIGNATURE BELOW INDICATES THAT YOU HAVE READ THE SERVICE AGREEMENT AND AGREE TO BE BOUND BY ITS PROVISIONS. Customer NEOGOV Signature: Signature: Print Name: Print Name: Scott Letourneau Title: Title: President Date: Date: 205 of 484 9. A PUBLIC HEARING June 19, 2012 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: 06/19/2012 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 - EQUESTED CTION BY ITY OMMISSION SECOND 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. (REQUEST THIS ITEM BE TABLED TO JULY 3, 2012 FOR LEGAL NOTICING REQUIREMENTS) ER: The City’s MVU regulations (Ordinance 07-024) apply XPLANATION OF EQUEST broadly to 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 an adequate 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 206 of 484 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. 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 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 from the right-of- way, no negative impacts are anticipated, and benefits would be realized by employees, customers and the small business industry. At their meeting on May 22, 2012, the Planning and Development Board recommended approval of this request as proposed. 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. 207 of 484 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 208 of 484 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. 209 of 484 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] 210 of 484 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) 211 of 484 212 of 484 213 of 484 214 of 484 215 of 484 216 of 484 217 of 484 10. A CITY MANAGER’S REPORT June 19, 2012 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: June 19, 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 status report on Net Assets' on-line lien EQUESTED CTION BY ITY OMMISSION search services. ER: On October 5, 2010, the City Commission adopted Resolution No. 10-138 XPLANATION OF EQUEST approving an agreement with Net Assets for the implementation, maintenance, customer service support and hosting of the Conduits reporting service. Net Assets is a service identified by the City Clerk’s Office that provides on-line lien search services. This was a labor-intensive function being performed in the City Clerk’s Office for $15 per search. Staff performed approximately 150 searches per month and the fee did not cover the cost to produce the information. Implementing this service would also improve customer service because of instant access to our records. The fee was set at $115 per search (which nets the City $100 per search) and $50 for searches of properties outside the City limits. All customers were notified of the change in service which began on June 2, 2011. At that time, we conservatively anticipated generating annual revenue of approximately As of May 31, 2012, (one year after starting the service) 2,670 “inside City” searches $175,000. and 589 “outside City” searches have been purchased resulting in $303,910 net revenue generated for the City. H? Implementing this service has allowed the City OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES Clerk’s Office to reduce one full-time staff to .75 FTE and to expand the duties and responsibilities of that staff member for better efficiency in the operation. FI: It is anticipated that if housing sales continue as they have during this current fiscal year, ISCAL MPACT the City will realize additional revenue equal to the amount generated in 2011/12. There is also the potential, as housing sales improve over the next few years, to realize enough revenue generation to cover the City Clerk’s Office operation. A: The only alternative that exists at this time would be to return to the manual process LTERNATIVES which would require the part-time staff person to be returned to a full-time position. Additionally, some of 218 of 484 the duties and responsibilities that were assigned to that staff member would have to be reassigned, placing a burden on the remaining staff in the City Clerk’s Office. 219 of 484 220 of 484 221 of 484 10. B CITY MANAGER’S REPORT June 19, 2012 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: June 19, 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: Provide direction to staff on review/analysis of Palm EQUESTED CTION BY ITY OMMISSION Beach County Sheriff's Office proposal for police services; approve agreement with the International City/County Management Association (ICMA) for a efficiency analysis of Police Department operations in the amount of $47,000 (which includes up to $4,700 for presentation of final report by ICMA Management Review Team) plus $8,000 for estimated travel expenses; authorize expenditure of up to $55,000 from Law Enforcement Trust Fund for conduct of the study. ER: XPLANATION OF EQUEST At the June 5, 2012 City Commission meeting, Chief Matt Immler informed the City Commission of anticipated increases in the Police Department’s proposed budget for FY 12/13. Chief Immler indicated the direction given by the Interim City Manager, to prepare a flat budget and a 10% reduction scenario, was not possible. He cited several factors that lead to the mandatory increases. As part of the budget preparation, staff requested the Palm Beach County Sheriff’s Office to make a presentation to the City Commission regarding providing police services for the City. The PBSO made a presentation on June 5, 2012. A copy of their proposal and draft agreement is attached. This is one of several alternatives staff is identifying to address our increasing costs of police services: 1) Consider outsourcing the services – PBSO presentation 2) Contact Ocean Ridge & Briny Breezes to offer police services 3) Conduct efficiency analysis of current police operations – ICMA 222 of 484 Another topic that requires continued Commission discussion was whether or not the City Commission wanted to have a management study completed on the Police Department operations. The Commission had not yet defined the degree and scope of service and the discussions were more focused on hiring/training practices, cultural assessment, etc. Not budgetary considerations. The Interim City Manager contacted ICMA for a quote (attached) to perform a workload efficiency study that looks at the entire operation in terms of the use of resources, organizational structure, deployment, statistical analysis of crime statistics, incidents, peak hours, etc. to determine what would be the most “efficient” use of our resources. As the City Commission deliberates, it is critical that all scenarios be vetted fully, including our current operations. In 2010, the City of Delray Beach engaged the services of ICMA for a similar study. Several recommendations made by ICMA were accepted and adopted by the Delray Beach City Commission and some were not. This type of information gives the Commission choice (alternatives) to define the level of service desired for the City and to identify the cost threshold of paying for those services. In addition to addressing operating costs, there are several capital related issues the Commission will be considering in the near future: space needs/constraints, possible relocation of Police Department, potential loss of parking due to redevelopment of the Old High School, etc. H? TBD OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: TBD – potential expenditure for ICMA management study. Should the ISCAL MPACT Commission desire to contract with ICMA, funds in the amount of $55,000 will be taken from the State Law Enforcement Trust Fund account which currently shows a balance of $242,110. Florida State Statute 932.7055 provides that when a law enforcement agency seizes property or currency pursuant to the state forfeiture statutes, the proceeds are deposited into a Law Enforcement Trust Fund. The funds may be expended for law enforcement purposes upon request of the Chief of Police to the governing body of the municipalityThis expenditure meets the requirements of the . statute in that the law enforcement purpose is clear and this type of expenditure has not appeared in our budget at any point. A: Provide staff with alternative direction. LTERNATIVES 223 of 484 224 of 484 225 of 484 226 of 484 227 of 484 228 of 484 229 of 484 230 of 484 231 of 484 232 of 484 233 of 484 234 of 484 235 of 484 236 of 484 237 of 484 238 of 484 239 of 484 240 of 484 241 of 484 242 of 484 243 of 484 244 of 484 245 of 484 246 of 484 247 of 484 248 of 484 249 of 484 250 of 484 251 of 484 252 of 484 253 of 484 254 of 484 255 of 484 256 of 484 257 of 484 258 of 484 259 of 484 260 of 484 261 of 484 262 of 484 263 of 484 264 of 484 265 of 484 266 of 484 267 of 484 268 of 484 269 of 484 270 of 484 271 of 484 272 of 484 273 of 484 274 of 484 11. A UNFINISHED BUSINESS June 19, 2012 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: June 19, 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: Discuss proposal for purchase of City owned real EQUESTED CTION BY ITY OMMISSION property located at 2240 S. Congress Avenue ER: Attached is an offer to purchase the City’s former Fire XPLANATION OF EQUEST Station #2 site. In November, 2011 the City Commission directed staff to obtain appraisals and follow the process outlined in Section 2-56(c) of the Municipal Code for the selling of three (3) City owned parcels. At that time, the code required the sites be placed out for competitive bids. Only one bid was received (on the Leisureville site). The City Commission rejected the bid. In April, 2012 the City Commission adopted Ordinance No. 12-009 amending the provision for the sale of City owned real property. The amendments allow the city to address the sale of properties on a case by case basis. On May 1, 2012 the City received a written purchase offer (attached). We have received one other proposal, which does not appear to be an offer to purchase (also attached). Staff seeks direction from the Commission on how they wish to proceed with these documents. Over the past month staff has discussed the future of the Municipal Campus with the Commission on a one on one basis. There are several outstanding issues that affect the overall campus and the potential need for two of these three city owned sites. This requires a more detailed discussion of 1) the impacts of the Old High School redevelopment project (parking); 2) future of Police Department (relocation, renovation 275 of 484 and/or outsourcing); and 3) retrofit of City Hall, etc. Staff recommends conducting a workshop at a future date to discuss these items. H? TBD OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: TBD ISCAL MPACT A: n/a LTERNATIVES 276 of 484 277 of 484 278 of 484 279 of 484 280 of 484 281 of 484 282 of 484 283 of 484 284 of 484 285 of 484 286 of 484 287 of 484 12. A NEW BUSINESS June 19, 2012 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: June 19, 2012 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: PROPOSED RESOLUTION NO. R12-052 - EQUESTED CTION BY ITY OMMISSION Approve an amendment of the NSP Agreement between the City of Boynton Beach and the Boynton Beach Community Redevelopment Agency (CRA) dated July 20, 2010, allowing for an extension to September 30, 2013 and authorize the Mayor to execute the amendment. ER: The City and CRA entered into the attached agreement on XPLANATION OF EQUEST July 20, 2010. The purpose of the Agreement was to provide Neighborhood Stabilization Program funding in the amount of $400,000 to the CRA to undertake the site development of the former Boynton Terrace West land. The City placed a date of September 30, 2012 for the CRA’s compliance. Compliance under the terms of the Agreement means completion of the site development and the 21 homes. The City’s date of compliance with HUD is September 30, 2013. Currently there are two homes under construction. The CRA’s sub-recipient, HFHSPBC CLT, Inc. expects that of the 21 homes planned for the Ocean Breeze West subdivision, at least 17 will be completed or under construction by September 30, 2013. All of the homes are pre-sold to families earning below 120% of Median Household Income. The CRA is requesting an extension of the compliance date to September 30, 2013. The extension of the agreement will allow the CRA to meet the housing national objective of the NSP program. H? N/A OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: The NSP1 funds allocated for the Ocean Breeze Project were ISCAL MPACT expended for Infrastructure activities to the project. Although the required National 288 of 484 Objective for the activity is housing, HUD has not established a grant closeout date for NSP. With this said, there would be no fiscal impact as the project is well underway. A: Do not approve the request to extend the CRA’s compliance date to LTERNATIVES September 30, 2013. 289 of 484 RESOLUTION R12- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING A FIRST AMENDMENT TO THE INTERLOCAL AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND THE BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY WHICH SPELLS OUT THE OBLIGATIONS OF THE PARTIES AND THE TIMELINES THAT MUST BE MET IN ORDER TO COMPLY WITH THE REQUIREMENTS OF THE NEIGHBORHOOD STABILIZATION PROGRAM; AUTHORIZING EXECUTION OF THE FIRST AMENDMENT BY THE MAYOR AND CITY CLERK; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on July 20, 2010, the City Commission approved Resolution R10-086 an Agreement between the City and CRA to provide Neighborhood Stabilization funding in the amount of $400,000 to the CRA to undertake the site development of the former Boynton Terrace West land; and WHEREAS, in order to satisfy the Neighborhood Stabilization Program requirements, the CRA must satisfy the National Objective of providing permanent residential structures that will be occupied by those meeting the low-and moderate-income requirements; and WHEREAS , the Agreement provides that National Objective must be satisfied by the CRA no later than September 30, 2012; however that deadline shall be extended to September 30, 2013 provided the project is under construction and proceeding on a completion schedule to meet the National Objective; and WHEREAS , the City and CRA wish to extend the deadline to September 30, 2013 to allow completion of the project; and WHEREAS, the City Commission of the City of Boynton Beach deems it in the best interest of the citizens and residents of the City to approve the First Amendment to the Interlocal Agreement between the City of Boynton Beach and the Boynton Beach Community Redevelopment Agency. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 290 of 484 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 does hereby approve the First Amendment to the Interlocal Agreement between the City of Boynton Beach and the Boynton Beach Community Redevelopment Agency, a copy of which is attached hereto as Exhibit “A”. Section 3. The City Commission does hereby authorize the Mayor and City Clerk to execute the First Amendment to the Interlocal Agreement between the City of Boynton Beach and the Boynton Beach Community Redevelopment Agency. Section 4. This Resolution will become effective immediately upon passage. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] 291 of 484 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) 292 of 484 FIRST AMENDMENT TO AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY THIS IS A FIRST AMENDMENT TO AGREEMENT, made and entered into this ______ day of ______________, 2012, between THE CITY OF BOYNTON BEACH (hereinafter referred to as the “City”) and THE BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY (hereinafter referred to as “CRA”). WHEREAS , on July 6, 2010, the City Commission approved, via Resolution R10-086, an Agreement between the City and CRA to provide Neighborhood Stabilization funding in the amount of $400,000 to the CRA to undertake the site development of the former Boynton Terrace West land; and WHEREAS, in order to satisfy the Neighborhood Stabilization Program requirements, the CRA must satisfy the National Objective of providing permanent residential structures that will be occupied by those meeting the low-and moderate-income requirements; and WHEREAS , the Agreement provides that National Objective must be satisfied by the CRA no later than September 30, 2012; however that deadline shall be extended to September 30, 2013 provided the project is under construction and proceeding on a completion schedule to meet the National Objective; and WHEREAS , the City and CRA wish to extend the deadline to September 30, 2013 to allow completion of the project; and WHEREAS , the Agreement entered into on July 20, 2010 shall remain in full force and effect except as specifically amended herein. In consideration of the mutual terms and conditions, promises, covenants and payments hereinafter set forth, City and CRA agree as follows: Section 1 . The Agreement between the City and the CRA entered into the 20th day of July, 2010, is amended as follows: 293 of 484 PART III COMPENSATION, TIME OF PERFORMANCE, METHOD AND CONDITIONS OF PAYMENT B. Time of Performance The effective date of this Agreement and all rights and duties designated hereunder are contingent upon the timely release of funds for this project in U.S. HUD Community Development Block Grant No. B-09-MC-12-0043. The effective date shall be the date of execution of this Agreement or the date of release of funds by U.S. HUD, whichever is later. The services of the Agency shall commence upon execution of this Agreement or receipt of an Order to Proceed in writing from CID, and shall be undertaken and completed in light of the purposes of this Agreement. In any event, all services, with the exception of NSP obligation requirements, required hereunder shall be completed by the Agency by . September 30, 2013 EXHIBIT A WORK NARRATIVE F. WORK SCHEDULE: The time frame for completion of the outlined activities shall be September 30, 2013. Section 2. All other terms and conditions of the Agreement not specifically amended shall remain in full force and effect for the balance of the term of the agreement. IN WITNESS OF THE FOREGOING, the parties have set their hands and seal the day and year first written above. CITY OF BOYNTON BEACH, FLORIDA BY: _________________________________ ATTEST: WOODROW L. HAY, MAYOR BY: _______________________________ JANET M. PRAINITO, MMC CITY CLERK [CORPORATE SEAL] BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY By:_____________________________ WOODROW L. HAY, CHAIRMAN Approved by : _____________________________ VIVIAN BROOKS, EXECUTIVE DIRECTOR 294 of 484 Approved as to form: __________________________________ JAMES A. CHEROF, CITY ATTORNEY 295 of 484 296 of 484 297 of 484 298 of 484 299 of 484 300 of 484 301 of 484 302 of 484 303 of 484 304 of 484 305 of 484 306 of 484 307 of 484 308 of 484 309 of 484 310 of 484 311 of 484 312 of 484 313 of 484 314 of 484 315 of 484 316 of 484 317 of 484 318 of 484 319 of 484 320 of 484 321 of 484 322 of 484 323 of 484 324 of 484 325 of 484 326 of 484 327 of 484 328 of 484 329 of 484 330 of 484 331 of 484 332 of 484 12. B NEW BUSINESS June 19, 2012 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: June 19, 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: Consideration of the implementation of a new EQUESTED CTION BY ITY OMMISSION education initiative in the City of Boynton Beach ER: Commissioner Marlene Ross is requesting that the city XPLANATION OF EQUEST undertake a new initiative for education to highlight all of the education efforts that are part of the fabric of the City of Boynton Beach. The theme for the initiative would be “The Learning Experience” to bring all educational opportunities for all ages, delivered by multiple entities in Boynton Beach under one umbrella, as a Promise delivery. The Learning Experience would bring together the resources of the Education & Youth Advisory Board, the Community Relations Board, the Library Board, and invite the Greater Boynton Beach Foundation and Sister Cities to create a team that would implement a program to accomplish the following:  Identify city-wide education efforts by the City of Boynton Beach and other organizations that serve the city’s commitment to quality education for citizens of all ages.  Compile a comprehensive listing of educational agencies, programs and services.  Identify ways to connect the educational agencies, programs and services.  Create potential strategies, (including budgetary considerations) to incentivize the business community to become engaged in creative ways with education in the City.  Create potential strategies to promote and celebrate that education is an essential part of Boynton Beach’s identity. 333 of 484 The goal of The Learning Experience Team would be to create a final plan to be presented to the City Commission for approval and implementation. H? Cannot be determined at this time. OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: Cannot be determined at this time. ISCAL MPACT A: Do not go forward with The Learning Experience initiative. LTERNATIVES 334 of 484 Education Umbrella Meeting (Requested by Commissioner Marlene Ross) Attendees at the May 23, 2012 meeting: Marlene Ross, Commissioner Lori LaVerriere, Interim City Manager Carisse LeJeune, Interim Assistant City manager Margee Walsh, CRA Marketing Director Debby Coles-Dobay, Public Art Administrator “Education Umbrella Term” Purpose: To highlight all of the wonderful education efforts/initiatives which are part of the fabric of the City of Boynton Beach. Commissioner Marlene Ross would like to implement the following initiatives: • Identify city-wide education efforts by the City of Boynton Beach and other organizations that serve the city's commitment to quality education for citizens of all ages. • Compile a comprehensive listing of the educational agencies, programs and services. • Identify ways to connect the educational agencies, programs and services. • Create potential strategies, (including budgetary considerations) to incentivize the business community to become engaged in creative ways with education in the City. • Create potential strategies to promote and celebrate that education is an essential part of Boynton Beach’s identity. At the meeting the group outlined: The best name for this umbrella term is: “The Learning Experience” (T.L.E) - Implies that the educational opportunities in Boynton Beach is for all ages, delivered by many entities and is a Promise delivery. Follow names were: “Excellence in Education” “Excel in Education” 335 of 484 Educational organizations in the City: Public Schools: Galaxy Elementary, Boynton Beach High School, Congress Middle, Poinciana Elementary Palm Beach County School Board Private/Alternative/Charter Schools: Fl Career College South Tech Lake Worth Christian St. Marks St. Josephs Imagine Charter School ? Beauty School (Sunshine Square) Non-profits and programs: Schoolhouse Children’s Museum and Learning Center City Library - Americorp mentoring program Youth Empowerment Center Juvenile Transition Center Children’s Services Council Sister Cities P2P Pathway to Prosperity Women’s Circle Literacy Coalition Historical Society Women’s Club Next Step: Set a meeting June 20 at 4 - 5pm with key advisory board members from the following boards. Recommend these key board members will form “The Learning Experience Team” (TLET). At the meeting outline the initiatives and have the TLET review initiatives with their prospective boards and make recommendations to vet through the TLET with the goal of a final plan to be presented to City Commission for approval for implementation. *(NOTE: In the interest of protocol, this project concept should go before the entire City Commission for approval prior to the involvement of Commission appointed Advisory Boards). Advisory boards identified and key members are: • Education & Youth Advisory Board – Steve Waldman/Mary Morera • Greater Boynton Beach Foundation - John McGovern 336 of 484 • Community Relation Board – Vince Piraino/Willie Swoope • Library Board – Jeanne Dee/Barbara McGee • Sister Cities - Jeanne Heavilin/Chris Francois Many above advisory board members have current or retired School Board Employees and educational members. Business entities identified that can assist to promote “The Learning Experience” message: City, CRA & Chamber: web site, social media, PR WXEL TEN- The Education Network Palm Beach County School Board 337 of 484 13. A LEGAL June 19, 2012 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: June 19, 2012 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: PROPOSED ORDINANCE NO. 12-010 - 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. 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. 338 of 484 Update nd On May 22, the Planning and Development Board reviewed this item and recommended its approval. Although there were no recommendations for specific revisions to the proposed LDR amendments, the Board suggested that staff review certain aspects of the changes and determine if further modifications were required. Staff conducted a final review of the item, and made several changes to the proposed th amendments as approved on First Reading on May 15, one of which was prompted by a comment from the Board. Of the changes made, eight are proposed to further the economic development objective to preserve industrial land, and another eight to enhance neighborhood or roadway corridor compatibility primarily warranted in connection with the addition of many new uses to the PID or M-1 zoning districts. The remaining changes were made as a general cleanup (i.e. clarification) of the Zoning Use Matrix and/or Notes. Background 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. 339 of 484 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 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): 340 of 484  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 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: 341 of 484  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 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 adopt the proposed ordinance or adopt with changes. LTERNATIVES 342 of 484 ORDINANCE 12-010 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA AMENDING PART III, "LAND DEVELOPMENT REGULATIONS", CHAPTER 1, ARTICLE II. DEFINITIONS, CHAPTER 2, ARTICLE I. OVERVIEW, CHAPTER 2, ARTICLE II. PLANNING AND ZONING DIVISION SERVICES, CHAPTER 3, ARTICLE III. ZONING DISTRICTS AND OVERLAY ZONES, CHAPTER 3, ARTICLE IV. USE REGULATIONS, CHAPTER 3, ARTICLE III. EXTERIOR BUILDING AND SITE DESIGN STANDARDS, TO IMPLEMENT RECOMMENDATIONS OF THE MORATORIUM STUDY, NOTICE OF INTENT 2011-01; PROVIDING FOR CONFLICT, SEVERABILITY, INCLUSION; AND EFFECTIVE DATE. WHEREAS, on November 15, 2011, the City Commission adopted Notice of Intent #2011-01 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; and WHEREAS, 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; and WHEREAS, staff recommends the adoption of the attached revisions to the Land Development Regulations as they will implement initiatives 11, 12 and 13 of the Economic Development Program and Initiatives. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA: Section 1. That the foregoing "WHEREAS" clause is true and correct and hereby ratified and confirmed by the City Commission. Section 2. That Part III, "Land Development Regulations", of the Code of Ordinances of the City of Boynton Beach is hereby amended as follows: SEE ATTACHED EXHIBIT “A” 343 of 484 Section 3. All prior ordinances or resolutions or parts thereof in conflict herewith are hereby repealed to the extent of such conflict. Section 4. If any section, sentence, clause, or phrase of this Ordinance is held to be invalid or unconstitutional by any court of competent jurisdiction, then said holding shall in no way affect the validity of the remaining portions of this Ordinance. Section 5. It is the intention of the City Commission of the City of Boynton Beach, Florida, that the provisions of this Ordinance shall become and be made a part of the City of Boynton Beach Code of Ordinances; and that the sections of this ordinance may be renumbered or relettered and the word "ordinance" may be changed to "section," "article," or such other appropriate word or phrase in order to accomplish such intentions. Section 6. This Ordinance shall be effective immediately after adoption by the City Commission. st PASSED FIRST READING this 1 day of May, 2012. 344 of 484 SECOND AND FINAL READING ADOPTED this ___ day of ________, 2012. CITY OF BOYNTON BEACH, FLORIDA _________________________________ Mayor – Woodrow L. Hay _________________________________ Vice Mayor – Mack McCray _________________________________ Commissioner – Woodrow L. Hay _________________________________ Commissioner – Steven Holzman _________________________________ Commissioner – Marlene Ross ATTEST: ______________________________ Janet M. Prainito, MMC City Clerk (Corporate Seal) 345 of 484 346 of 484 347 of 484 348 of 484 349 of 484 350 of 484 351 of 484 352 of 484 353 of 484 354 of 484 355 of 484 356 of 484 357 of 484 358 of 484 359 of 484 360 of 484 361 of 484 362 of 484 363 of 484 364 of 484 365 of 484 366 of 484 367 of 484 368 of 484 369 of 484 370 of 484 371 of 484 372 of 484 373 of 484 374 of 484 375 of 484 376 of 484 377 of 484 378 of 484 379 of 484 380 of 484 381 of 484 382 of 484 383 of 484 384 of 484 385 of 484 386 of 484 387 of 484 388 of 484 389 of 484 390 of 484 391 of 484 392 of 484 393 of 484 394 of 484 395 of 484 396 of 484 397 of 484 398 of 484 399 of 484 400 of 484 401 of 484 402 of 484 403 of 484 404 of 484 405 of 484 406 of 484 407 of 484 408 of 484 409 of 484 410 of 484 411 of 484 412 of 484 413 of 484 414 of 484 415 of 484 416 of 484 417 of 484 418 of 484 419 of 484 420 of 484 421 of 484 422 of 484 423 of 484 424 of 484 425 of 484 426 of 484 427 of 484 428 of 484 429 of 484 430 of 484 431 of 484 432 of 484 433 of 484 13. B LEGAL June 19, 2012 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: June 19, 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 - EQUESTED CTION BY ITY OMMISSION SECOND READING - Approve amendments to Code of Ordinances Part II, Chapter 13 "Licenses", requiring Certificate of Use as condition of receiving Business Tax Receipt, and removing Article I, Sec. 13-28 "Licensing of used car lots" (REQUEST THIS ITEM BE TABLED TO JULY 3, 2012 FOR LEGAL NOTICING REQUIREMENTS) 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 434 of 484 obtain a Certificate of Use from Planning and Zoning in order to insure compliance with zoning 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 435 of 484 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. 436 of 484 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. 437 of 484 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) 438 of 484 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. 439 of 484 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) 440 of 484 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) 88.20 441 of 484 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) 244.65 442 of 484 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) 244.65 443 of 484 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 444 of 484 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 445 of 484 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 88.20 446 of 484 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 58.80 447 of 484 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: 448 of 484 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) 88.20 449 of 484 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 450 of 484 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 73.50 451 of 484 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 88.20 452 of 484 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) 88.20 453 of 484 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 88.20 454 of 484 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 88.20 455 of 484 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* 196.35 456 of 484 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* 196.35 457 of 484 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) 196.35 458 of 484 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 459 of 484 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 460 of 484 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. 461 of 484 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 462 of 484 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 463 of 484 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 464 of 484 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. 465 of 484 (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. 466 of 484 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, 467 of 484 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. 468 of 484 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-10 469 of 484 14. A FUTURE AGENDA ITEMS June 19, 2012 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: June 19, 2012 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: Special City Commission Budget Meetings, 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 ER: XPLANATION OF EQUEST H? OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: ISCAL MPACT A: LTERNATIVES 470 of 484 14. B FUTURE AGENDA ITEMS June 19, 2012 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: June 19, 2012 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: City Commission discussion of the South Central EQUESTED CTION BY ITY OMMISSION Regional Wastewater Treatment & Disposal Board Interlocal Agreement - 7/3/12 ER: XPLANATION OF EQUEST H? OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: ISCAL MPACT A: LTERNATIVES 471 of 484 14. C FUTURE AGENDA ITEMS June 19, 2012 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: June 19, 2012 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: Staff update on marketing and culturalization EQUESTED CTION BY ITY OMMISSION initiatives for City Rebranding Program - 7/3/12 ER: XPLANATION OF EQUEST H? OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: ISCAL MPACT A: LTERNATIVES 472 of 484 14. D FUTURE AGENDA ITEMS June 19, 2012 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: June 19, 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: Financial Advisory Committee Budget Report EQUESTED CTION BY ITY OMMISSION ER: The FAC will present its budget report and XPLANATION OF EQUEST recommendations to the City Commission at the 7/3/12 Commission meeting. H? OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: ISCAL MPACT A: LTERNATIVES 473 of 484 14. E FUTURE AGENDA ITEMS June 19, 2012 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: June 19, 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: Property Assessed Clean Energy (PACE) Program EQUESTED CTION BY ITY OMMISSION - 7/3/12 ER: Consideration of entering into an Interlocal Agreement XPLANATION OF EQUEST between the Town of Lantana, Florida and the City of Boynton Beach, Florida and the Florida Green Finance Authority as a means of implementing and financing a qualifying improvements program for energy conservation and efficiency improvements for commercial properties through Property Assessed Clean Energy (PACE). This request follows the implementation strategies of ECONOMIC DEVELOPMENT PROGRAM INITIATIVE # 42 and CLIMATE ACTION PLAN IMPLEMENTATION INITIATIVE # 4.5.2(8). H? OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: ISCAL MPACT A: LTERNATIVES 474 of 484 14. F FUTURE AGENDA ITEMS June 19, 2012 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: June 19, 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: Consider lease agreement and demolition of EQUESTED CTION BY ITY OMMISSION animal control building for joint use parking. - 7-03 -12 ER: XPLANATION OF EQUEST H? OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: ISCAL MPACT A: LTERNATIVES 475 of 484 14. G FUTURE AGENDA ITEMS June 19, 2012 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: June 19, 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: Discussion of the Palm Beach County Ethics EQUESTED CTION BY ITY OMMISSION Commission opinion regarding City Commission expense accounts per the request of Commissioner Bill Orlove - 7/03/12. ER: XPLANATION OF EQUEST H? OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: ISCAL MPACT A: LTERNATIVES 476 of 484 14. H FUTURE AGENDA ITEMS June 19, 2012 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: June 19, 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: Discussion of the City Manager search process per EQUESTED CTION BY ITY OMMISSION the request of Commissioner Bill Orlove - 7/03/12 ER: XPLANATION OF EQUEST H? OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: ISCAL MPACT A: LTERNATIVES 477 of 484 14. I FUTURE AGENDA ITEMS June 19, 2012 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: June 19, 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: Renewal of Interlocal Agreement with the Town of EQUESTED CTION BY ITY OMMISSION Hypoluxo for the City of Boynton Beach to provide Building Inspection services - 7/03/12 ER: XPLANATION OF EQUEST H? OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: ISCAL MPACT A: LTERNATIVES 478 of 484 14. J FUTURE AGENDA ITEMS June 19, 2012 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: June 19, 2012 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: Update on City of Boynton Beach towing contract - EQUESTED CTION BY ITY OMMISSION 7/17/12 ER: XPLANATION OF EQUEST H? OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: ISCAL MPACT A: LTERNATIVES 479 of 484 14. K FUTURE AGENDA ITEMS June 19, 2012 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: June 19, 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: 2nd Qtr 2012 report on Economic Development EQUESTED CTION BY ITY OMMISSION Program Initiatives - 7/17/12 ER: XPLANATION OF EQUEST H? OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: ISCAL MPACT A: LTERNATIVES 480 of 484 14. L FUTURE AGENDA ITEMS June 19, 2012 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: June 19, 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: 2nd Qtr 2012 update on Climate Action Plan EQUESTED CTION BY ITY OMMISSION Implementation - 7/17/12 ER: XPLANATION OF EQUEST H? OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: ISCAL MPACT A: LTERNATIVES 481 of 484 14. M FUTURE AGENDA ITEMS June 19, 2012 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: June 19, 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: Second monthly update on Old High School project EQUESTED CTION BY ITY OMMISSION - 7/17/12 ER: XPLANATION OF EQUEST H? OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: ISCAL MPACT A: LTERNATIVES 482 of 484 14. N FUTURE AGENDA ITEMS June 19, 2012 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: June 19, 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 Interlocal Agreement with Quantum Park EQUESTED CTION BY ITY OMMISSION Overlay Dependent District - 7/17/12 ER: The Quantum Park Overlay Dependent District and the City XPLANATION OF EQUEST of Boynton Beach have been negotiating in good faith according to the Florida Governmental Conflict Resolution Act, Section 164 of the Florida Statutes. Those negotiations have yielded a proposed Interlocal Agreement whereby the City agrees to assume ownership and maintenance responsibility for a number of road rights of way located within Quantum Park. Commission concurrence is required. H? OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: ISCAL MPACT A: LTERNATIVES 483 of 484 14. O FUTURE AGENDA ITEMS June 19, 2012 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: June 19, 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: Discuss scope and timing of Charter Amendments EQUESTED CTION BY ITY OMMISSION adoption and public hearings - 8/07/12 ER: XPLANATION OF EQUEST H? OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: ISCAL MPACT A: LTERNATIVES 484 of 484