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III.-ANNOUNCEMENTS &. PRESENTATIONS
Item C.l.aA
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORlVl
Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned
Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office
0 August 21, 2007 August 6, 2007 (Noon,) ~ October 16,2007 October 1,2007 (Noon
0 September 4, 2007 August 20, 2007 (Noon) 0 November 7, 2007 October 15,2007 (Noon)
0 September 18, 2007 September 3,2007 (Noon) 0 November 20, 2007 November 5,2007 (Noon)
0 October 2, 2007 September 17,2007 (Noon) 0 December 4,2007 November 19,2007 (Noon)
~ AnnouncementslPresentations 0 City Manager's Report
NATURE OF 0 Administrative 0 New Business
AGENDA ITEM 0 Consent Agenda 0 Legal
0 Code Compliance & Legal Settlements 0 Unfinished Business
0 Public Hearing 0
RECOMMENDATION: Present Proclamation
EXPLANATION: November is Hospice of Palm Beach County Month. Founded in 1978 as a not-for-profit
organization, Hospice of PBC is the leading provider of hospice care to residents throughout Palm Beach County. Its
mission is to provide premier healthcare to all people facing end-of-Iife issues through dynamic services that enhance
quality of life and address the specific needs of our community.
PROGRAM IMPACT: This Proclamation will help increase public awareness of the role of Hospice of Palm Beach
County.
FISCAL IMPACT: None
ALTERNATIVES: Not to present Proclamation
~~
City anager's Signature
Assistant to City Manager
C/1PL
Department Name
City Attorney / Finance
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM. DOC
PROCLAMATION
WHEREAS, Hospice of Palm Beach County was founded in 1978 as a not-for-
profit organization and is the leading provider of hospice care to
residents throughout Palm Beach County;
WHEREAS, Hospice of Palm Beach County's mission it to provide premier
healthcare to all people facing end-of-life issues through dynamic services
that enhance quality of life and address the specific needs of our
community;
WHEREAS, Hospice of Palm Beach County lives its values by embracing change
and delivering care with a passion to serve others;
WHEREAS, Hospice of Palm Beach County provides full bereavement services to
Hospice patients' families and anyone in the community in need;
WHEREAS, Hospice of Palm Beach County is committed to educating the
community on Advance Directives and the benefits of identifying and
communicating healthcare decisions;
WHEREAS, Hospice of Palm Beach County's high-quality hospice care reaffirms
the belief in the essential dignity of every person, regardless of age,
health, or social status, and that every stage of human life deserves to be
treated with the utmost respect and care;
NOW, THEREFORE, I, Jerry Taylor, by virtue of the authority vested in me as
Mayor of the City of Boynton Beach, Florida, hereby declare November 2007
as
Hospice of Palm Beach County Month
and encourage all residents of the City of Boynton Beach to observe this
month with appropriate programs and activities. I also ask Palm Beach
County residents to recognize our health care professionals and volunteers
for their contributions to helping provide comfort and care to those facing
a life-limiting illness.
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,
this 16th day of October in the Year 2007.
Jerry Taylor, Mayor
City of Boynton Beach
ATTEST:
City Clerk
(Corporate Seal)
~
Hospice of
Palm Beach County
I....... -~ tY11 We're there.
Mayor Jerry Taylor
Boynton Beach
P.O. Box 310
Boynton Beach, Florida, 33425-0310
August 6, 2007
Mayor Jerry Taylor:
On behalf of Hospice of Palm Beach County, I wish to thank you for your service and
commitment to the great City of Boynton Beach and its residents.
In conjunction with National Hospice and Palliative Care Month, Hospice of Palm Beach
County will celebrate 30 years of providing premier healthcare to people facing end-of-
life issues in Palm Beach County. Over the course of the last 3 decades, this not-for-prorit
organization has cared for more than 62,000 patients, and in the last yeaI." alone, provided
bereavement support to more than 6,800 community residents, 300 school support
groups, and responded to 480 scenes where crisis intervention was needed. Hospice of
Palm Beach County is a leading provider of hospice care with unique programs and
services including our music therapy program (the largest music therapy program in the
world) and Crisis Response Team (CRT) which provides group and individual
counseling, crisis intervention services to the community, and crisis management
consultation and services for businesses. Our more than 600 volunteers and 900 staff
members enable us to make a difference in the lives of more than 1,100 patients and their
families daily and anyone in the community in need.
On November 15.2007, Hospice of Palm Beach County will celebrate its 30th
armiversary at a cocktail reception from 6-8 pm for local government officials, dignitaries
and supporters at The Harriet Himmel Theater at West Palm Beach's CityPlace. On
behalf of Hospice of Palm Beach County, 1 kindly request you and your fellow council
members consider a proclamation recognizing Hospice ofPalrn Beach County for its
pivotal role in the community. (Suggested text is enclosed). Doing so would yield-
through the media.-increased awareness to residents of your community about the
benefits of hospice care.
5300 CaSl Awn..", West Palm Beach, FL 33407 · Telephone: (S61) 848-5200 . Toll-Iree: (888) 848.5200 . www.hpbc.com
lCAHO (;"Id Seal Approved ACCTP.Clit<llion. 501 (c)(3) not-lcJr-profit organization.
~
Hospice of
Palm Beach County
LJctn~d ,",roC'" I?RI Vve Ire lhef(~.
ayl r, thank you so much. We are grateful for your support.
Kathleen Walter
Director of Public Relations
Hospice of Palm Beach County
561.227.5159
kwalter({4hDbc.com
ene.
5300 [~,t AV~lIuc. W'lst P.lm Beach, rL 33407 . Telephone: (561) 84~5200 . Toll,fmc: (llliS) 848.5200 . www,hpbc.com
ICA!.IO Gold Sc"1 ^pprovcd Accrcdil~tion 501 (c)(3) not.for-protit llTsanitation.
Sb'''i"Y Ot::-
/~' " . "
( . . ,"... ."
, '
\f;. t. ! J:
0\., .... . . ;/U
).. '" ./~ '\
,,- -',.
1'0 N \7
CITY OF BOYNTON BEACt
AGENDA ITEM REQUEST FORM
III.-ANNOUNCEMENTS & PRESENTATIONS
Item C.l. b.
Requested City Date Final Form Must be
Commission Meetino Dates Tumed in to City Clerk's Office
Requested City Commission Date Final Form Must be
Meetina Dates Turned in to City Clerk's Office
0 August 21, 2007
0 September 4, 2007
0 September 18, 2007
0 October 2, 2007
August 6, 2007 (Noon.) ~ October 16, 2007
August 20, 2007 (Noon) 0 November 7, 2007
September 3, 2007 (Noon) 0 November 20, 2007
September 17, 2007 (Noon) 0 December 4, 2007
NATURE OF
AGENDA ITEM
~ Announcements/Presentations 0
o Administrative 0
o Consent Agenda 0
o Code Compliance & Legal Settlements 0
o Public Hearing 0
October 1, 2007 (Noon
october 15, 2007 (Noon)
November 5, 2007 (Noon)
November 19, 2007 (Noon)
c.:::>
-.J
(/)
rr1
-0
N
U1
C'")
City Manager's Report
New Business
:, :::;
=j-<
-"-.0
:-) "
OJ
C:::O
:~,:.~ -<
..-M....~
. ""-
(il --1
D~
".....
"c:o
N -fTl
N n>
rr1n
Legal
Unfinished Business
-0
-
--
.I::""
..
RECOMMENDATION:
Proclaim the City of Boynton Beach General Election on
November 6, 2007
In accordance with Section 138 of the City Charter, the Mayor is
required to call the election by Proclamation. Once read by the
Mayor, the Proclamation will be published in the Palm Beach Post
for two consecutive weeks prior to the General Election.
ALTERNATIVES: The City of Boynton Beach would be in violation of its Code of
Ordinances if we did not issue this Proclamation.
'tn, ~~
Department Head's Signature City Manager's Signature
Assistant to City Manager ~
EXPLANATION:
PROGRAM IMPACT:
N/A
FISCAL IMPACT:
N/A
City Clerk's Office
Department Name
City Attorney / Finance
S:\CC\WP\ELECTION\year 2007\Agenda Request5\Requesting the Reading of the Election Proclamation. doc
i;
PROCLAMA TION
I, Gerald Taylor, Mayor of the City of Boynton Beach, Florida, do hereby proclaim that
a General Election will be held in the City of Boynton Beach, Palm Beach County,
Florida, on the 6th day of November, 2007 to elect one Commissioner from District I to
serve a two-year term expiring in November 2009, one Commissioner from District II
and one Commissioner from District IV to serve three- year terms expiring in
November 2010.
The voting hours are between 7:00 a.m. and 7:00 p.m. on said date. Polling places
are hereby designated as follows:
VOTING LOCATIONS
PRECINCT 3098 FREEDOM SHORES ELEMENTARY SCHOOL
3400 HYPOLUXO ROAD
PRECINCT 3100 LAKE WORTH CHRISTIAN SCHOOL
II 7592 HIGH RIDGE ROAD
I PRECINCT 3101 BOYNTON LAKES CLUBHOUSE
I 1 WESTMINSTER LANE
PRECINCT 3102 NEWPORT PLACE
4735 NW 7TH COURT
I PRECINCT 3122 SANTALUCES HIGH SCHOOL
I 6880 LAWRENCE ROAD
I PRECINCT 3126 FIRE STATION NO.3
3501 N CONGRESS AVENUE
PRECINCT 3128 THE UNITED WAY OF PALM BEACH COUNTY
2600 QUANTUM BLVD.
PRECINCT 3129 THE UNITED WAY OF PALM BEACH COUNTY
2600 QUANTUM BLVD.
PRECINCT 3130 BOYNTON BEACH HIGH SCHOOL
4975 PARK RIDGE BLVD.
City of Boynton Beach
Election Proclamation
PRECINCT 3131
PRECINCT 3140
PRECINCT 3148
PRECINCT 3150
PRECINCT 3154
PRECINCT 3160
PRECINCT 3162
PRECINCT 3164
PRECINCT 3168
PRECINCT 3170
PRECINCT 4006
PRECINCT 4030
PRECINCT 4190
General Election - November 6, 2007
THE UNITED WAY OF PALM BEACH COUNlY
2600 QUANTUM BLVD.
BOYNTON BEACH HIGH SCHOOL
4975 PARK RIDGE BLVD.
LEISUREVILLE #1 CLUBHOUSE
1007 OCEAN DRIVE
BOYNTON BEACH NURSING & REHAB CENTER
9600 LAWRENCE ROAD
LEISUREVILLE #3 CLUBHOUSE
2001 SW 13TH AVENUE
TARA LAKES CLUBHOUSE
43 TARA LAKES DRIVE EAST
BOYNTON BEACH LEISUREVILLE CLUBHOUSE
1807 SW 18TH STREIT
GOLFVIEW HARBOUR CLUBHOUSE
2775 SW 14TH STREIT
HUNTERS RUN CLUBHOUSE
EASTGA TE DRIVE
SEACREST PRESBYTERIAN CHURCH
2703 N SEACREST BLVD
HUNTERS RUN CLUBHOUSE
EASTGATE DRIVE
BOYNTON BEACH BOAT CLUB
US HWY 1 & NE 21sT AVENUE
HUNTERS RUN EASTGATE CLUBHOUSE
EASTGATE DRIVE
2
City of Boynton Beach
Election Proclamation
PRECINCT 7114
PRECINCT 7116
PRECINCT 7120
PRECINCT 7122
PRECINCT 7124
PRECINCT 7126
I
I
ATTEST:
General Election - November 6,2007
EZELL HESTER COMMUNITY CENTER
1901 NORTH SEACREST BLVD.
VILLAGE ROYALE ON THE GREEN
2505 NE 2ND STREET
ST. JOHN MISSIONARY BAPTIST CHURCH
900 N SEACREST BLVD.
BOYNTON BEACH BOAT CLUB
US HWY 1 & NE 21sT AVENUE
BOYNTON BEACH CONGREGATIONAL CHURCH
115 NORTH FEDERAL HIGHWAY
BOYNTON BEACH BOAT CLUB
US HWY 1 & NE 21 ST AVENUE
CITY OF BOYNTON BEACH
GERALD TAYLOR, MAYOR
JANET M. PRAINITO, CMC
CITY CLERK
(Corporate Seal)
9/25/2007 4:09 PM
jmp
S:\CC\WP\ELECTION\Year 2007\PROC2007 - Voting Precincts.doc
"
.,
IIl.-ANNOUNCEMENTS & PRESENTATIONS
CITY OF BOYNTON BEACl Item C.l.e
AGENDA ITEM REQUEST FO.h..LLIL
Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned
Meeting Dates in to City Clerk's Office Meeting Dates in to Citv Clerk's Office
D August 2], 2007 August 6, 2007 (Noon) l8J October 16, 2007 October I, 2007 (Noon
D September 4, 2007 August 20, 2007 (Noon) D November 7, 2007 October 15, 2007 (Noon)
D September 18, 2007 September 3, 2007 (Noon) D November 20, 2007 November 5, 2007 (Noon)
D October 2, 2007 September] 7, 2007 (Noon) D December 4, 2007 November 19, 2007 (Noon)
l8J Announcements/Presentati ons D City Manager's Report
NATURE OF D Administrative D New Business
AGENDA ITEM D Consent Agenda D Legal
D Code Compliance & Legal Settlements D Unfinished Business
D Public Hearing D
RECOMMENDATION: Present Proclamation
EXPLANA TION: October 21-27, 2007, has been designated as Respiratory Care Week. Respiratory therapists respond to
critical cardiopulmonary ~mergencies, high risk deliveries, pulmonary exacerbations, provide life support, therapeutic and
diagnostic intervention and medications to patients with cardiopulmonary insufficiencies. This Proclamation has been
requested by the Respiratory Care Department at Bethesda Memorial Hospital.
PROGRAM IMPACT: This Proclamation will help increase public awareness of the role of the respiratory therapist as an
integral member of the health care delivery team.
FISCAL IMPACT: None
AL TERNA TIVES: Not present Proclamation
ir/,?M ~d-C
Depart t H 's SIgnature
~-
City Manager's Signature
Assistant to City Manager ~
Public Affairs
Department Name
City Attorney I Finance
SIBULLETIN\FORMS\AGENDA ITEM REQUEST FORM. DOC
PROCLAMA TION
Respiratory Therapists provide hospital coverage 24-hours per day, seven days per week and
are an integral part of the health care team. They work side-by-side with physicians, nurses
and other medical professionals.
Respiratory Therapists respond to critical cardiopulmonary emergencies, high risk deliveries,
pulmonary exacerbations. provide life support, therapeutic and diagnostic intervention and
medications to patients with cardiopulmonary insufficiencies.
Licensed professionals in the State of Florida, Bethesda Memorial Hospital's Respiratory
Therapists also possess national certifications to practice their profession, and maintain
continuing education to ensure their clinical expertise. The provide rehabilitation and
education to patients with cardiopulmonary disease and serve as professional resources in the
community.
Now, therefore, I, Jerry Taylor, by virtue of the authority vested in me as Mayor of the City
of Boynton Beach, Florida, hereby proclaim October 21-27,2007, as:
Respiratory Care Week
in Boynton Beach and urge all citizens to recognize the Respiratory Therapists at Bethesda
Memorial Hospital for their sustained contributions and excellent service to the citizens 01
Boynton Beach who are so graciously served.
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 16th day of October, two
thousand and seven.
Jerry Taylor, Mayor
City of Boynton Beach
ATTEST:
City Clerk
(Corporate Seal)
v. ADMINISTRAnVE
ITEM A.
Matthew Barnes
812 S W 15t Court
Boynton Beach, FL 33426
October 4, 2007
To the City Clerk,
Please accept this letter as my resignation from the Boynton Beach Arts Commission. I was
honored to be nominated for the position but an opportunity to serve on the Planning &
Development Board has presented itself and I feel I would be more suited to serve on the P&D
Board. Thanks and please do not hesitate to contact me with any questions.
Sincerely,
~~~
Matthew Barnes
v. ADMINISTRATIVE
ITEM B.
APPLICANT ELIGIBLE FOR APPOINTMENT 10/16/07
NAME FIRST NAME 1 st CHOICE 2nd CHOICE 3rd CHOICE APPLICATION !
SUBMITTED ,
Cwynar William Planning & \ 02/28/07 i
Development Board I
I Fuller Darrel Veterans Advisory ! 9/27/07
Commission
Immer Judy Community Recreation & , 9/24/07
Relations Bd Parks Bd.
Veterans Advisory --,
* * * Leuchter Kurt : 5/9/07
Commission
***Kurt Leuchter lives outside the City limits. The Veterans Advisory Commission does
allow one regular member and one alternate member to reside outside the City limits.
Those two positions are currently filled.
S:\CC\WP\BOARDSIAPPMENTS\Board Year 2007IAPPLlCANTS ELIGIBLE FOR APPOINTMENT 09-18-07.doc
1
VI.-CONSENT AGENDA
ITEM A.I.
MINUTES OF THE AGENDA PREVIEW CONFERENCE hCLU.Ln .....
COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA,
ON FRIDAY, SEPTEMBER 28, 2007 AT 6:30 P.M.
Present:
Jerry Taylor, Mayor
Ron Weiland, Commissioner
William Bingham, Acting City Manager
James Cherof, City Attorney
Janet Prainito, City Clerk
Absent:
Jose Rodriguez, Vice Mayor
Mack McCray, Commissioner
Carl McKoy, Commissioner
'MEETING CANCELLED FOR LACK OF A QUORUM
I ~,--;" i:}'"
, . .-. /1
! / ,'-; ,?,'
i,jd~c:t, _ LeU ;. .: _
Judith A. Pyle
,/Deputy City Clerk
VI.-CONSENT AGENDA
ITEM A.2.
MINUTES OF THE CITY COMMISSION MEETIN~
COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA,
ON TUESDAY, OCTOBER 2, 2007 AT 6:30 P.M.
Present:
Jerry Taylor, Mayor
Jose Rodriguez, Vice Mayor
Ron Weiland, Commissioner
Mack McCray, Commissioner
Carl McKoy, Commissioner
Kurt Bressner, City Manager
James Cherof, City Attorney
Janet Prainito, City Clerk
I. OPENINGS:
A. Call to Order - Mayor Jerry Taylor
B. Invocation by Father William Stomski- St. Joseph's Episcopal Church
C. Pledge of Allegiance to the Flag led by Commissioner Ron Weiland
Mayor Taylor called the meeting to order at 6:30 p.m. Father William Stomski was present with
Master Dominic De Marsico, at student at St. Joseph's School, who offered the invocation.
Commissioner Weiland led the Pledge of Allegiance to the Flag.
Mayor Taylor thanked Father Stomski and Master De Marsico for offering the invocation and Mr.
Bressner presented the student with a City of Boynton Beach pin.
D. Agenda Approval:
1. Additions, Deletions, Corrections
Attorney Cherof noted there was a request submitted by the applicant to postpone the
discussion relating to Item XI.A. to the November 20, 2007 meeting. There was consensus to
postpone the issue as requested.
2. Adoption
Motion
Commissioner McCray moved to approve the agenda as agreed. Commissioner Weiland
seconded the motion. The motion passed unanimously.
II. OTH ER:
A. Informational Items by Members of the City Commission
1
Meeting Minutes
Regular City Commission
Boynton Beach, FL
October 2, 2007
Mayor Taylor reported he had attended a ribbon cutting ceremony at the Lake Worth Christian
School and they had expressed their thanks to the employees of the City of Boynton Beach for
their assistance and cooperation during the permitting and building of the new facility.
III. ANNOUNCEMENTS, COMMMUNITY &. SPECIAL EVENTS &. PRESENTATIONS
A. Announcements:
1. November 7, 2007 City Commission meeting has been postponed to
Tuesday, November 13, 2007. The Agenda Preview meeting will be held
on November 9, 2007 at 9 a.m.
Mayor Taylor announced the change in the date of the first meeting in November for the City
Commission to November 13, 2007. The change was necessary due to the election being held
on November 6th and to allow time for certification of the election results.
B. Community and Special Events:
None
C. Presentations:
1. Proclamations
a. National Geographic Information Systems Day - Nov. 14, 2007
The proclamation for National Geographic Information Systems Day was read by Mayor Taylor
and presented to Peter Wallace, Director of the Information Technology Department. Mr.
Wallace thanked the Commission for the recognition and invited everyone to attend the day
long celebration on November 14, 2007 in the City Commission Chambers.
b. National Customer Service Week - Oct. 1-5, 2007
Anthony Penn, Manager of Customer Services, accepted the proclamation, read by Mayor Taylor,
for National Customer Service Week. Mr. Penn invited the public to come to the City Hall lobby
during the week and enjoy the refreshments, exhibits and meet the employees of the Customer
Service Department. Mayor Taylor added a member of the Commission would be present during
each day to meet and greet the citizens also.
IV. PUBLIC AUDIENCE:
INDIVIDUAL SPEAKERS WILL BE LIMITED TO 3 MINUTE PRESENTATIONS (at
the discretion of the Chair, this 3 minute allowance may need to be adjusted
depending on the level of business coming before the City Commission)
2
Meeting Minutes
Regular City Commission
Boynton Beach, FL
October 2, 2007
Mark Karageorge, 240A Main Boulevard, commended the Community Relations Board for
their recent meeting that included a presentation on youth and gangs. He regretted that more
people were not present, especially Commissioner McCray, since his district had more problems
than other areas of the City. Mr. Karageorge appreciated Mayor Taylor and Commissioner
McKoy's remarks and Commissioner Rodriguez's input although he was not present either. He
felt there was not enough community participation or leadership participation to solve the
problems of violence that were extending throughout the County.
Commissioner McCray emphasized he was aware of the problems in his district as well as the
programs and projects being offered to deal with the gangs and the violence. He stressed it
was widespread through out the County and not an issue of color.
Commissioner Weiland indicated he had been at the firefighters' fundraiser with his family, the
evening of the meeting.
Sergio Casaine, 13 Meadows Park Lane, offered clarification from the last meeting, that he
wanted to thank Commissioner Weiland for his concerns regarding safety and the tiki huts. Mr.
Casaine also read a letter addressed to Commissioner McKoy and Commissioner McCray
thanking them for their professionalism, honesty and dedication as a Commissioner. He felt on
many occasions they had gone beyond their responsibility to assist the citizens. He wished
them well and continued success.
Victor Norfus, 261 N. Palm Drive, recalled the tragedy that had occurred on December 24th
and contended the City could have done more to improve the spirit of the community after the
event. He also questioned the roll of the City Attorney in advising the Commission.
Mayor Taylor responded the City Attorney was available to each of the Commissioners on any
matter that would arise. Conversations with the City Attorney were frequent and ongoing with
all the Commission at any time. As for the incident at Boynton Beach Mall last December,
Mayor Taylor related the Boynton Beach Police Department has been extremely proactive in
addressing the problem and the Commission had supported those efforts with various
Resolutions and Ordinances to assist in alleviating the situation. Mayor Taylor assured Mr.
Norfus the gangs had not chosen a religious holiday; their crimes are random and have no
religious affiliation.
Jonah Tennant, 653 SW 4th Avenue, congratulated Golfview Harbour on the $3.5M sound wall
that would be built along I-95. Mayor Taylor advised the project had been awarded; however,
the monies to complete the project had yet to be obtained. Mr. Tennant questioned why
Golfview Harbour had been favored with a sound wall. Mayor Taylor explained the I-95 corridor
was a federal highway project. He also advised both he and Commissioner Weiland lived in
Golfview Harbour, but they would not benefit from the wall being constructed.
No one else coming forward, Mayor Taylor closed the public audience.
V. ADMINISTRATIVE:
3
Meeting Minutes
Regular City Commission
Boynton Beach, FL
October 2, 2007
A. Accept the resignation of Susan Buchanan, a regular member of the Education
and Youth Advisory Board.
Motion
Commissioner McCray moved to accept the resignation of Susan Buchanan. Commissioner
McKoy seconded the motion. The motion passed unanimously.
B. Appointments
Appointment
To Be Made
Length of Term
Board Expiration Date
Bldg. Bd of Adj & Appeals Reg 33 mo term to 12/09 Tabled (2)
Bldg. Bd of Adj & Appeals Alt 9 mo term to 12/07
Bldg. Bd of Adj & Appeals Alt 9 mo term to 12/07 Tabled (3)
Code Compliance Board Alt 9 mo term to 12/07 Tabled (2)
Code Compliance Board Alt 9 mo term to 12/07 Tabled (2)
Community Relations Board Alt 9 mo term to 12/07 Tabled (3)
Community Relations Board Alt 9 mo term to 12/07 Tabled (3)
Education & Youth Advisory Board Alt 9 mo term to 12/07 Tabled (2)
Education & Youth Advisory Board ;\It 9 mo term to 12/07 Tabled (2)
Education & Youth Advisory Board Stu 9 mo term to 12/07 Tabled (2)
Education & Youth Advisory Board Stu N/V 9 mo term to 12/07 Tabled (2)
Planning & Development Board Alt 9 mo term to 12/07
II McCray
III Rodriguez
I Weiland
II McCray
III Rodriguez
I Weiland
II McCray
II McCray
III Rodriguez
IV McKoy
Mayor Taylor
TTT Rodriguez
LU Motion
Vice Mayor Rodriguez appointed Matthew Barnes as an alternate on the Planning and
Development Board. Commissioner Weiland seconded the motion. The motion passed
unanimously.
III
Rodriguez
III Rodriguez
IV McKoy
Mayor Taylor
Motion
Recreation & Parks Board
Alt
9 mo term to 12/07 Tabled (2)
Veterans Advisory Commission
Veterans Advisory Commission
Veterans Advisory Commission
Alt
Reg
Alt
9 mo term to 12/07 Tabled (2)
33 mo term to 12/09 Tabled (2)
9 mo term to 12/07 Tabled (2)
Commissioner McKoy appointed Thomas Krabill as a regular member of the Veterans Advisory
Commission. Commissioner McCray seconded the motion. The motion passed unanimously.
Motion
Commissioner McKoy moved to table all other appointments. Vice Mayor Rodriguez seconded
the motion. The motion passed unanimously.
4
Meeting Minutes
Regular City Commission
Boynton Beach, FL
October 2, 2007
VI. CONSENT AGENDA:
Matters in this section of the Agenda are proposed and recommended by the City
Manager for "Consent Agenda" approval of the action indicated in each item, with all of
the accompanying material to become a part of the Public Record and subject to staff
comments.
A. Minutes
1. Special City Commission - September 13, 2007
2. Agenda Preview Conference - September 14, 2007
3. Regular City Commission - September 18, 2007
B. Bids and Purchase Contracts - Recommend Approval - All expenditures are
approved in the 2007-2008 Adopted Budget.
1. Approve the Senior Center Emergency Re-roof due to water damage in
the amount of $138,400. Re-roofing quotation is based on Bid #036-
2511-06/0D for re-roofs and roof repairs.
Commissioner McCray pulled Item VI.B.1 for discussion.
2. Award the "TWO YEAR CONTRACT FOR DIESEL/PROPANE GENERATOR
& BYPASS PUMP MAINTENANCE AND REPAIR SERVICE", Bid #072-2822-
07/0D to Advance Generator Sales and Service Inc. of Royal Palm
Beach, FL in an estimated amount of $71,000.
C. Resolutions
1. Proposed Resolution No. R07-115 RE: Approving and
authorizing execution of a contract for design services for $322,410 to
Miller Legg to provide construction documents, bidding assistance and
construction review for the redevelopment of Boat Club Park, the
boardwalk/day dock Jaycee Park and replacement of the boardwalk at
Oceanfront Park.
2. Proposed Resolution No. R07-116 RE: Approving and
authorizing signing of an Agreement for Water Service outside the City
Limits with Frederick Johnson for the property at 1047 Highland Rd.
Lantana, FL (Ridge Grove Lt. 61)
3. Proposed Resolution No. R07-117 RE: Approving and
authorizing execution of a revised agreement between Palm Beach
County and the City to provide funding in an amount up to $380,000 for
improvements to Boat Club Park.
5
Meeting Minutes
Regular City Commission
Boynton Beach, FL
October 2, 2007
4. Proposed Resolution No. R07-118 RE: Approving
Task Order U-07-04 for "SCADA AND TELEMETRY GOODS AND
SERVICES" RFP #037-2821-07/0D in the amount of $996,397.42 for the
replacement of the existing water treatment plant control systems and
replacement of the SCADA system.
5. Proposed Resolution No. R07-119 RE: Approving and
authorizing execution of an Agreement with Counseling Services
Institute, Inc. for an Employee Assistance Program for the City of
Boynton Beach employees for an estimated annual expenditure of
$10,080.
6. Proposed Resolution No. R07-120 RE: Amending
Resolution No. R06-085 deleting William Mummert, Director of Financial
Services and Mary Munro, Assistant to the Director of Finance, and
adding Lori Laverriere, Interim Director of Financial Services for the City
of Boynton Beach to the list of designated individuals authorized as
signatories for all City accounts at the Bank of America.
D. Approve the reduction of a letter of credit for the Marina Village at Boynton
Beach from $739,469.23 by 90% to $73,946.92.
E. Authorize Mayor and/or City Manager to present Boynton Beach Property Tax
Reform proposal to Florida Taxation and Budget Reform Commission Public
Hearing on October 10th (Miami-Dade) or October 11th (Broward County).
Motion
Commissioner McKoy moved to approve all other Consent Agenda items. Commissioner McCray
seconded the motion. The motion passed unanimously.
VI.B.1. Approve the Senior Center Emergency Re-roof due to water damage in the amount of
$138,400. Re-roofing quotation is based on Bid #036-2511-06/0D for re-roofs and roof
repairs.
Commissioner McCray requested clarification on the extent of the roof repairs proposed.
Jeff Livergood, Director of Public Works and Engineering, advised it had been decided to repair
the entire roof of the Senior Center and establish one warranty and one responsibility to maintain.
Motion
Commissioner McCray moved to approve Item VI.B.1. Commissioner Weiland seconded the
motion. The motion passed unanimously.
6
Meeting Minutes
Regular City Commission
Boynton Beach, FL
October 2, 2007
VII. CODE COMPLIANCE &. LEGAL SETTLEMENTS:
None
VIII. PUBLIC HEARING: 7:00 P.M. OR AS SOON THEREAFTER AS THE AGENDA
PERMITS
The City Commission will conduct these public hearings in its dual capacity as Local
Planning Agency and City Commission.
Description:
Railroad Avenue (ABAN 07-005)
Jeff Tomberg
4th Street LLC
East of the F.E.C. Railroad between SE 2nd Avenue and SE 4th
Avenue (adjacent to 399-417 SE 4th Street)
Request for abandonment of a portion of Railroad Avenue right-
of-way approximately 30 feet wide by 484 feet long. (1st
Reading of Proposed Ordinance No. 07-029)
A.
Project:
Agent:
Owner:
Location:
Attorney Cherof administered an oath to all those intending to testify, read Proposed Ordinance
No. 07-029 by title only, and gave a brief overview of the procedure to be followed.
Kathleen Zeitler, Planner, located the property involved and reviewed the staff report. She
noted the applicant had met all the criteria for an abandonment. All utilities involved had been
notified and the applicant had agreed to relocate any utility lines currently in the area to be
abandoned. Also the request would not adversely affect any adjacent property owners. Staff
recommended approval.
Jeff Tom berg, agent for applicant, confirmed agreement with all the conditions of approval.
Mayor Taylor opened the issue for public hearing. No one coming forward, Mayor Taylor closed
the public hearing.
Motion
Commissioner McCray moved to approve Item VIlLA. Commissioner Weiland seconded the
motion.
Vice Mayor Rodriguez mentioned the issue of the garbage on the property and the house that
had burnt. Mr. Tomberg indicated the contractor had removed the structure and gotten
approval of Code Compliance. The Public Works Department had also completed further clean
up of debris along the site.
Vote
City Clerk Prainito called the roll. The vote was 5-0.
7
Meeting Minutes
Regular City Commission
Boynton Beach, FL
October 2, 2007
Description:
SE 4th Avenue CABAN 07-004)
Jeff Tomberg
4th Street LLC
Between Railroad Avenue and SE 4th Street (adjacent to 416-417
SE 4th Avenue)
Request for abandonment of the west one-half of SE 4th Avenue
right-of-way located east of Railroad Avenue, approximately 20
feet wide by 122 feet long. (1st Reading of Proposed
Ordinance No. 07-030)
B.
Project:
Agent:
Owner:
Location:
Attorney Cherof administered an oath to all those intending to testify.
Ms. Zeitler located the property and reviewed the staff report indicating the right-of-way no
longer served any public purpose. All the utilities in the area had been notified and the
applicant agreed to relocate any lines within the area to be abandoned.
Mayor Taylor opened the issue for public hearing. No one coming forward, Mayor Taylor closed
the public hearing.
Attorney Cherof read Proposed Ordinance No. 07-030 by title only.
Motion
Commissioner McCray moved to approve Item VIILB. Commissioner Weiland seconded the
motion.
Vote
City Clerk Prainito called the roll. The vote was 5-0
C. Amending Chapter IV Site Plan Review of the City's Land Development
Regulations specifying the circumstances wherein Conditions of Approval on a
given site plan pertaining to "Unity of Title" may be released. (1st Reading of
Proposed Ordinance 07-031)
Attorney Cherof read Proposed Ordinance No. 07-031 by title only.
Quintus Greene, Development Director, explained the requested change was an attempt to
address the needs of the City to ensure the integrity of projects, with flexibility for the
developer.
Commissioner McCray inquired if the change would make it more user friendly. Mr. Greene
replied the intent was to provide additional flexibility for developers. He did suggest that the 18
months of reserve required for property owner associations be reduced to six months of
reserve.
Mayor Taylor opened the issue for public hearing.
8
Meeting Minutes
Regular City Commission
Boynton Beach, FL
October 2, 2007
Kyle Riva, President of Epoch Properties, advised as the developer of the Las Ventanas project
he was in agreement with the proposed changes. He looked forward to working further with
the City to refine any other language changes. Mr. Riva also pointed out the building permits
for his project were completed and he planned to commence construction soon.
Attorney Cherof advised the Ordinance could be clarified between first and second reading and
public hearing.
Motion
Commissioner McCray moved to approve Proposed Ordinance No. 07-031 with the six month
reserve inserted. Commissioner Weiland seconded the motion.
Vote
City Clerk Prainito called the roll. The vote was 5-0.
IX. CITY MANAGER'S REPORT:
None
X. FUTURE AGENDA ITEMS:
A. Discussion of disposition of Old High School - January 2008
B. Discuss Possible Funding for Board Recognition Dinner - December 2007
XI. NEW BUSINESS:
A. Discuss request by developer for annexation of balance of Gulfstream Gardens
parcel into the CRA.
(This item was postponed to November 20/ 2007, upon request of the app/icant.)
XII. LEGAL:
A. Ordinances - 2nd Reading - Development - PUBLIC HEARING
None
B. Ordinances - 2nd Reading - Non-Development - PUBLIC HEARING
1. Proposed Ordinance No. 07-026 Re: Amending
Article 1 of Chapter 2, Section 2-13.2 relating to the Community
Redevelopment Agency (CRA) to provide that the City Commission shall
be the governing body of the CRA and the Mayor and Vice Mayor the CRA
Chairperson and Vice-Chairperson.
9
Meeting Minutes
Regular City Commission
Boynton Beach, FL
October 2, 2007
Attorney Cherof read Proposed Ordinance No. 07-026 by title only.
Mayor Taylor opened the issue for public hearing.
Herb Suss, 1711 Wood Fern Drive, questioned how the Ordinance could appear on the agenda
when there was no quorum for the agenda preview conference and it had been defeated at the
previous meeting. Mayor Taylor informed Mr. Suss, the matter had not been defeated; it was
never addressed which would require it be carried to the next agenda. Mr. Suss urged the
Commission to table the matter until after the November election to allow the new Commission
to decide.
Motion
Vice Mayor Rodriguez moved to approve Item XII.B.1. Commissioner Weiland seconded the
motion.
Vote
City Clerk Prainito called the roll. The vote was 3-2. (Commissioners McCray and McKoy
dissenting)
2. Proposed Ordinance No. 07-027 RE: Amending Part
III of the Land Development Regulations, Chapter I, Article V. Impact
Fees and Dedications revising the definition for residential unit to exclude
hotels, condominium hotel units, extended stay hotel units or timeshares.
Attorney Cherof read Proposed Ordinance No. 07-027 by title only.
Mayor Taylor opened the issue for public hearing. No one coming forward, Mayor Taylor closed
the public hearing.
Motion
Commissioner McKoy moved to approve Proposed Ordinance No. 07-027. Commissioner
McCray seconded the motion.
Vote
City Clerk Prainito called the roll. The vote was 5-0.
3. Proposed Ordinance No. 07-028 RE: Amending
Article III, of Chapter 18 of Boynton Beach Code of Ordinances, entitled
"Pensions for Police Officers" and amend Section 18-172 providing for
buyback of service.
Attorney Cherof read Proposed Ordinance No. 07-028 by title only.
10
Meeting Minutes
Regular City Commission
Boynton Beach, FL
October 2, 2007
Mayor Taylor opened the issue for public hearing. No one coming forward, Mayor Taylor closed
the public hearing.
Motion
Commissioner Weiland moved to approve Proposed Ordinance No. 07-028. Commissioner
McCray seconded the motion.
Vote
City Clerk Prainito called the roll. The vote was 5-0.
C. Ordinances - 1st Reading
1. Proposed Ordinance No. 07-032 RE: Amending
Chapter 23, Article II of the Code of Ordinances of the City of Boynton
Beach, entitled "PUBLIC SERVICE TAX" by adding a new Division 4 to
impose a ten percent (10%) utility tax on the purchase of water service
within the City.
Attorney Cherof read Proposed Ordinance No. 07-032 by title only.
Motion
Commissioner McKoy moved to approve Proposed Ordinance No. 07-032. Commissioner
Weiland seconded the motion.
Vote
City Clerk Prainito called the roll. The vote was 4-1. (Commissioner McCray dissenting)
D. Resolutions
None
E. Other
None
XIII. UNFINISHED BUSINESS:
None
XIV. ADJOURNMENT:
There being no further business to come before the Commission, Mayor Taylor properly
adjourned the meeting at 7:17 p.m.
11
Meeting Minutes
Regular City Commission
Boynton Beach, FL
October 2, 2007
CITY OF BOYNTON BEACH:
Mayor - Jerry Taylor
Vice Mayor - Jose Rodriguez
ATTEST:
Commissioner - Ron Weiland
Janet M. Prainito
City Clerk
Commissioner - Mack McCray
Commissioner - Carl McKoy
Judith A. Pyle
Deputy City Clerk
12
VI.-CONSENT AGENDA
ITEM B.1
CITY OF BOYNTON BEACI
AGENDA ITEM REQUEST FORM
Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned
Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office
0 August 21, 2007 August 6,2007 (Noon.) rgJ October 16, 2007 October 1, 2007 (Noon
0 September 4, 2007 August 20, 2007 (Noon) 0 November 7, 2007 October 15,2007 (Noon)
0 September] 8.2007 September 3, 2007 (Noon) 0 November 20, 2007 November 5, 2007 (Noon)
0 October 2, 2007 September 17, 2007 (Noon) 0 December 4,2007 November 19,2007 (Noon)
Code Compliance & Legal Settlements
Public Hearing
o
o
o
o
o
City Manager's Report
New Business
NATURE OF
AGENDA ITEM
o
o
rgJ
o
o
Administrative
Consent Agenda
Legal
Unfmished Business
o
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RECOMMENDATION: A motion to approve a Custodial Services Agreement with RESPECT of Florida for the ~t ;;~
Water Treatment Plant in the amount of $17,438.46 and the Utilities Administration Building in the amount of $28,3n3.41=iPro
a total annual expenditure of$45,741.87. w CJ~
en fTl ("")
:J:
AnnouncementslPresentations
EXPLANA nON: The Utility Department is currently using RESPECT of Florida in our East Water Treatment Plant and
Administration Building for custodial services. The Utility Department would like to continue utilizing the custodial services
offered by this State Organization. RESPECT of Florida is a non profit agency that provides employment opportunities for
Florida citizens with disabilities. Their work has been acceptable and we would like to continue their contract services for
another year.
PROGRAM IMPACT: RESPECT of Florida provides a necessary service for the Utility Department and employs Florida
citizens with disabilities.
FISCAL IMP ACT:
Account No.:
401-2811-536-49-17
401-2821-536-49-17
Exoenditure:
$17,438.46
$28.303.41
$45,741.87
; :~'d th, '"'Iud,.l ,,,,,ioe, "",y ,,,ull m 'i:;za::
; Ass' tant Director Finance City Manager's Signature
~
Procurement Services
Assistant to City Manager
~ City Attorn,y / Fmonoe
Department Name
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM,DOC
1 RESOLUTION NO. R 07-
2
3 A RESOLUTION OF THE CITY COMMISSION OF
4 THE CITY OF BOYNTON BEACH, FLORIDA,
5 APPROVING A CUSTODIAL SERVICES
6 AGREEMENT WITH RESPECT OF FLORIDA FOR
7 THE EAST WATER TREATMENT PLANT IN THE
8 AMOUNT OF $17,438.36 AND THE UTIL TIlES
9 ADMINISTRATION BUILDING IN THE AMOUNT
10 OF $28,303.41 WITH A TOTAL EXPENDITURE OF
11 $45,741.87; AUTHORIZING THE CITY MANAGER
12 TO EXECUTE SAID AGREEMENT; AND
13 PROVIDING AN EFFECTIVE DATE.
14
15 WHEREAS, the Utilities Department is currently usmg Respect of Florida for
16 custodial services at the East Water Treatment Plant and would like to expand their services
17 top the Administration Building; and
18 WHEREAS, RESPECT is a program falling under the auspices of the State of Florida
19 Ilaccording to FIOlida Statute 413.036 which provides employment to disabled citizens of
20 Florida.
I
21 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION
22 OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
23 I. Section 1. The foregoing "Whereas" clauses are hereby ratified and coufirmed as being
24 rue and correct and are hereby made a specific part of this Resolution upon adoption hereof.
25
Section 2.
The City Commission of the City of Boynton Beach, Florida, hereby
26 pproves a Custodial Services Agreement with RESPECT OF FLORIDA for the East Water
:\CA\RESO\Agreements\Custodial Services - RESPECT(2007-08),doc
27 reatment Plant in the amount of $17,438.46 and the Utilities Administrative Building in the
28 mount of $28,303.41 for a total expenditure of $45,741.87, and authorizes the City Manager
29 nd City Clerk to execute the Agreement between the parties, a copy of which is attached
30 ereto as Exhibit "A".
Section 3.
That this Resolution shall become effective immediately.
2 PASSED AND ADOPTED THIS _ day of October, 2007.
3
4 CITY OF BOYNTON BEACH, FLORIDA
5
6
7 Mayor - Jerry Taylor
8
9
10 Vice Mayor - Jose Rodriguez
11
12
13 Commissioner - Ronald Weiland
14
15
16 Commissioner - Mack McCray
17
18
19 Commissioner - Carl McKoy
20 ATTEST:
21
22
23
24 Janet M. Prainito, CMC
25 City Clerk
26
27
28 (Corporate Seal)
:\CA\RESO\Agreements\Custodial Services - RESPECT(2007-08).doc
~ ~~:-!:~~~.
2475 Apalachee Parkway, Suite 205
Tallahassee, Florida 32301-4946
(850) 942-0905
(850) 656-0168 fax
Spetember 14, 2007
Via Email and US Mail
Anthony Lombardi
City of Boynton Beach
124 E Woolbright Road
Boynton Beach, Florida 33435
RE: E Water Treatment Plant and Administration Building JS PO#070350
Dear Mr. Lombardi:
RESPECT of Florida would like to renew the above referenced service contract with the
City of Boynton Beach. This renewal will be effective to June 30, 2008 at the same
annual price of $17,438.46 - E Water Treatment Plant and $28,303.41 - for the
Administration Building and under the same terms and conditions as the current
contract. If your agency is planning a change in the current scope of services please
contact the Project Manager listed below.
If this proposal is acceptable, please sign the enclosed form and send it back to our
office via facsimile at (850) 656-0168. Please note that this does not bind your agency
or RESPECT of Florida contractually; it represents an agreement of the stated price for
the prupOsed service. Please address all correspondence and contractual inJormauon to
the Tallahassee Office.
We would appreciate your positive consideration of this request and the opportunity to
provide employment opportunities for Florida citizens with disabilities. If you have any
questions please contact the Project Manager for this contract Nancy Robertson
(56l}248-9077 or email ndovale@respectofflorida.org.
Sincerely,
~anc!fPerEman
Nancy Perlman
Service Contracts Administrator
~ ~~;>>!:~~~ N
City of Boynton Beach
Administration Building
Janitorial Services
September 14, 2007
Breakdown of Proposed Price *
Direct Labor
$13,872.90
Fringe Benefits
3,551.26
Chemicals and Supplies
1,365.36
Equipment
640.00
Floor Care
4,651.50
Window Cleaning
1,024.00
General and Administrative Costs
1,500.18
CNA Fee**
1,698.21
Total Proposed Annual Contract Price
$28,303.41
*
Above cost line items are projections. Line items may be reasonably adjusted by contract assignee,
vlit':1out in::reasing annual price, to accommodate unanticipated costs. Such adj.us~.nts .mustO-ot
adversely effect the performance of the contract and the meeting of contract specifications.
**
RESPECT of Florida, as the designated central nonprofit agency (CNA) of the Department of Management
Services, has been authorized a fee of six percent (6%) of the total contract price pursuant to Section
60E-1.003, Florida Administrative Code.
I accept the above price for the identified contract.
(Signature of Authorized Representative)
(Print or Type Name)
(Title)
(Date)
Signing this price proposal does not contractually bind your agency nor RESPECT of Florida.
It simply indicates an agreement of the price for the stated services.
Please fax approval back to RESPECT of Florida at (850) 656-0168, Attn: Nancy Perlman. Thank you.
f:\groups\respect\services\proposals\Boynton Admin (28303 41) 07-08.xls9/14/2007
~ ~~:-!:~~~ ~
City of Boynton Beach
East Water Treatment Plant
Janitorial Services Contract
September 14, 2007
Breakdown of Proposed Price
Direct Labor
$8,134.31
Fringe Benefits
1,920.61
Chemicals and Supplies
3,679.92
Equipment
] ,080.00
General and Administrative Costs
],577.31
CNA Fee **
] ,046.31
Total Annual Contract Price
$17,438.46
*
Above cost line items are projections. Line items may be reasonably adjusted by contract assignee,
without increasing annual price, to accommodate unanticipated costs. Such adjustments must not
adversely effect the performance of the contract and the meeting of contract specifications.
**
RESPECT of Florida, as the designated central nonprofit agency (CNA) of the Florida Department of
l'vhn::gem::'1t Services".b.a&.he.eu authorized a fee of six percent (6%) of the total ~QQtra..cLPxjc~.~.
pursuant to Section 60E-l.003, Florida Administrative Code.
I accept the above price for the identified contract.
(Signature of Authorized Representative)
(Print or Type Name)
(Title)
(Date)
Signing this price proposal does not contractually bind your agency nor RESPECT
of Florida. It simply indicates an agreement of the price for the stated services.
Pleasefax approval back to RESPECT of Florida at (850) 656-0168,
Attn: Nancy Perlman. Thank you.
f:\groups\respect\services\proposals\Boynton Water Treat (1743846) 07-08.xls
VI.-CONSENT AGENDA
ITEM 8.2
CITY OF BOYNTON BEACl
AGENDA ITEM REQUEST FOklYJ.
Requested City Commission Date Final Form Must be Tumed Requested City Commission
Meeting Dates in to City Clerk's Office Meeting Dates
0 August 21, 2007 August 6, 2007 (Noon.) [gJ October 16, 2007
0 September 4, 2007 August 20, 2007 (Noon) 0 November 7, 2007
0 September 18, 2007 September 3, 2007 (Noon) 0 November 20, 2007
0 October 2, 2007 September 17,2007 (Noon) 0 December 4,2007
Date Final Form Must be Tumed
in to City Clerk's Office
October 1,2007 (Noon
October 15, 2007 (Noon)
November 5, 2007 (Noon)
C)
November 19,2007 (Noon1-l
(/)
rr1
-0
N
0:>
0 Announcements/Presentations 0 City Manager's Report
NATURE OF 0 Administrative 0 New Business
AGENDA ITEM [gJ Consent Agenda 0 Legal
0 Code Compliance & Legal Settlements 0 Unfmished Business
0 Public Hearing 0
RECOMMENDATION: A motion to approve and authorize the execution of a Resolution for an Agreement for
disaster recovery services and support with Clean Harbors Environmental Services, Inc. The City Of Boynton Beach
will "piggy-back" on Clean Harbors' contract with the United States Coast Guard (U.S.c.G.) for various services that
may be needed in the event of a major weather event, disaster, or large utility system failure. The Agreement is to be
utilized on an "As Needed Basis".
EXPLANATION: The Utility Department is concerned about having additional resources available to them for
disaster recovery. Clean Harbors would assist the Utility Department with manpower, equipment and resources to
help minimize any emergency. Clean Harbors resources are on a national level. Their varied services could benefit
and support other City Departments such as Fire, Police and Public Works.
Procurement Services has reviewed the request from the Utility Department to utilize Clean Harbors Environmental
Services, Inc. for disaster recovery services through September 30, 2009, and requests the Commission's review,
evaluation and approval of the Agreement between the City Of Boynton Beach and Clean Harbors Environmental
Services, Inc.
PROGRAM IMP ACT: Due to the critical nature of this service it is imperative to have a contract in place in order to
avoid delays should there be a hurricane/disaster/emergency situation.
FISCAL IMP ACT: Depending on the nature of the event, or the required repairs, funding could be made available
from the impacted department's operating and reserve funds.
ALTERNATIVES: Not to approve Contract.
TJ~
De ent H d's Signature
~M'
Assistant to City Manager ~
~ City Attorn,y I Finance
Department Name
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
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1
2 RESOLUTION NO. R-07
3
4 A RESOLUTION OF THE CITY COMMISSION OF
5 THE CITY OF BOYNTON BEACH, FLORIDA,
6 APPROVING THE PIGGY-BACKING OF A
7 CONTRACT BETWEEN THE UNITED STATES
8 COAST GUARD AND CLEAN HARBORS
9 ENVIRONMENTAL SERVICES, INC., FOR VARIOUS
10 SERVICES THAT MAY BE NEEDED IN THE EVENT
11 OF A MAJOR WEATHER EVENT, DISASTER OR
12 LARGE UTILITY SYSTEM FAILURE EXPIRING ON
13 SEPTEMBER 30, 2009; AUTHORIZING THE CITY
14 MANAGER TO EXECUTE A CONTRACT BETWEEN
15 THE CITY OF BOYNTON BEACH AND CLEAN
16 HARBORS ENVIRONMENTAL SERVICES, INC.;
17 PROVIDING AN EFFECTIVE DATE.
18
19 WHEREAS, the Utility Department is concerned about having additional resources
20 available to them for disaster recovery; and
21 WHEREAS, Clean Harbors would assist the Utility Department with manpower,
2211 equipment and resources to help minimize any emergency; and
23 WHEREAS, the City of Boynton Beach desires to retain the services of Clean
24 Harbors with a local address in Miramar, Florida; and
25 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
26 THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1.
Each Whereas clause set forth above IS true and correct and
27
28 incorporated herein by this reference.
Section 2.
The City Commission Of The City Of Boynton Beach, Florida,
29
30 Hereby approves the piggy-backing of a United States Coast Guard Contract with Clean
31 Harbor Environmental Services, Inc., for a two (2) year period ending September 30. 2009.
32 for various services that may be needed for disaster recovery on an as needed basis.
S:ICAIRESO\AgreementsIBid AwardslPiggy-backing USCG with Clean Harbors.doc
Section 3.
The City Commission of the City of Boynton Beach hereby
2 authorizes the City Manager to execute a Contract between the City of Boynton Beach and
3 Clean Harbor Environmental Services, Inc., a copy of which is attached hereto as Exhibit
4 "A".
5
Section 4.
That this Resolution shall become effective immediately.
6
PASSED AND ADOPTED this _ day of October, 2007.
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24 ATTEST:
25
26
27 Janet M. Prainito, CMC
28 City Clerk
29
30
31 (Corporate Seal)
CITY OF BOYNTON BEACH, FLORIDA
Mayor - Jerry Taylor
Vice Mayor - Jose Rodriguez
Commissioner - Ronald Weiland
Commissioner - Mack McCray
Commissioner - Carl McKoy
S:\CA\RESO\Agreements\Bid Awards\Piggy-backing USCG with Clean Harbors.doc
Memorandum
Utilities #07-125
To:
Bobby Jenkins
Assistant Finance Director
!
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From:
Kofi Boateng, PE. I' _ \ c>
Utility Director 'r\..c)
Date:
September 18, 2007
Subject:
"Piggy-backing" United States Coast Guard Contract
HSCG84-07 -R-1 00001
Clean Harbors Environmental Services Inc.
AGENDA Item
The Various Departments City-wide would like to utilize this contract agreement
between the United States Coast Guard and Clean Harbors Environment
Services Inc.
The Utility Department along with many other departments are concerned about
having additional resources available to them in the event of a major storm,
disaster or damage to the City's infrastructure. Clean Harbors can assist the
various departments with logistics, manpower, equipment and many other
resources to help minimize any emergency. These resources that Clean Harbors
offers are at a national level. They offer a variety of services that could benefit
and support departments such as Fire, Police, Utilities and Public Works. These
City-wide services could consist of, for example, an emergency that would
require regulated clean up and removal of hazardous materials and assistance
with the regulatory agencies. Clean Harbors are here locally in south Florida and
can have additional support services responding from anywhere in the country.
Depending on the nature of the event or repairs, funding can be made available
from various departments' operating and reserve budgets.
Please present this at the next Commission meeting for their approval. If you
have any questions you can contact me at 6401 or Tony Lombardi at 6421.
TL/kb
Attachment
Xc: i:'ypete Mazzella
, Tony Lombardi
Barb Conboy
Michael Low
City-wide Department Heads
File
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CITY OF BOYNTON BEACH
OFFICE OF THE CITY ATTORNEY
MEMORANDUM
TO:
Kofi Boateng, Utilities Director
RECEi\/ED
CC:
James A. Cherof, City Attorney
SEP 1 3 2007
FROM:
Jamila V. Alexander, Assistant City Attorney f'PJ4
BOYNTON BEA.CH UTIlITIES
DATE:
September 11, 2007
RE:
City of Boynton Beach ("City")/"Piggy-backing" on Contract between the United
States Coast Guard ("US.C.G.") and Clean Harbors Environmental Services, Inc.
("Clean Harbors")
Recently, our office has received an inquiry regarding the City's possible piggy-backing on a
Contract between the United States Coast Guard and Clean Harbors for additional resources to
be available to the City in the event of a major storm, disaster or large utility system failure.
Generally, as stated in the City's Administrative Policy Manual, piggy-backing onto other
contracts by governmental agencies is encouraged when it is determined that this method of
procurement will provide the best service at the best price without compromising the
specifications or quality desired. One issue that must be examined when determining whether
the City should piggy-back on the US.C.G.'s Contract is whether the Contract was procured
using a competitive bidding process. If it is clearly established that the US.G.C. has completed
a competitive bidding process to procure the services of Clean Harbors, the Contract as presented
to our office between the US.C.G. and Clean Harbors appears to be an acceptable Contract to
which the City may piggy-back. However, your department needs to ensure that the Agreement
between the US.G.C. and Clean Harbors is for services that the City is desirous of obtaining and
are acceptable to the City.
Should the Contract between the US.c.G. and Clean Harbors provide the services the City
desires and the City's Purchasing Department is satisfied that the Contract was procured using a
competitive bidding process, the City may piggy-back on this Contract. Therefore, at your
request, our office can create an Agreement between the City and Clean Harbors piggy-backing
on the U.S.c.G.'s Contract for the procurement of the same services in the Original Contract. In
the alternative, our office will review, any Contract between the City and Clean Harbors
presented to it, for legal form.
Should you have any questions, please feel free to contact our office.
H:\1990\900J 82,BB\1\.ffiMO 2007\Boatne~ (PiliH'!v-backiml u.s. l.oa<;f (lwm; K) rlnr:
AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND
CLEAN HARBORS ENVIRONMENTAL SERVICES, INC.
THIS IS AN AGREEMENT, dated this _ day of
,2007, by and between:
CITY OF BOYNTON BEACH, a municipal
corporation of the State of Florida, hereinafter
referred to as "City,"
and
CLEAN HARBORS ENVIRONMENTAL
SERVICES, INC., a Massachusetts corporation
authorized to do business in the State of Florida,
with its principal address as 42 Longwater Drive,
Norwell, MA 02061 and its local address as 11221
Interchange Circle South, Miramar, FL 33025,
hereinafter referred to as "Contractor."
WHEREAS, the City has the need to procure the services, on an "as needed basis" of
qualified contractors capable of providing emergency response services for containment,
cleanup, and/or to mitigate the harmful effects of oil spills and hazardous substance incidents on
or in waters within the City ("Services") in the event of a hurricane landfall, or other natural
and/or manmade disasters; and
WHEREAS, the United States Coast Guard competitively bid for these Services under
United States Vendor Solicitation Number HSCG84-07 - R -100001; and
WHEREAS, Contractor submitted a bid in response to the United States Coast Guard
Solicitation; and
WHEREAS, after receipt of said bid from Contractor, the United States Coast Guard
entered into a contract with Contractor to provide labor, materials and equipment to contain,
cleanup, and/or mitigate the harmful effects of oil spills and hazardous substance incidents on or
in waters subject to the jurisdiction of the United States, as well as the bottom and adjoining
shoreline of such waters and inland areas, said Contract being attached hereto and made part
hereof as Exhibit "A" ("U.S.c.G. Contract"); and
WHEREAS, the City has reviewed the scope of services of the competitively bid
U.S.c.G. Contract, and has determined that it is an agreement that can be utilized by the City to
provide said services to the City of Boynton Beach; and
WHEREAS, Contractor has agreed to honor the prices and terms and conditions of the
U.S.c.G. Contract in performing said Services for the City; and
WHEREAS, City desires to retain the services of Contractor based on the U.S.c.G.
Contract; and
WHEREAS, the City Commission of the City of Boynton Beach authorized the proper
City officials to enter into an Agreement with Contractor by piggybacking the U.S.C.G.
Contract; and
NOW, THEREFORE, in consideration of the mutual promises and covenants contained
herein, and other good and valuable consideration, the receipt and adequacy of which are
acknowledged, the parties agree as follows:
Section 1. The foregoing recitals are true and correct and are hereby incorporated
into this Agreement.
Section 2. Attached hereto and made a part hereof by reference as Exhibit "A" is the
U.S.C.G. Contract referenced-above. The prices, terms and conditions of this U.S.c.G. Contract
shall govern the relationship between the City and Contractor, except as amended below:
A. The Scope of Services for work to be performed under this Agreement shall be as
set forth in Exhibit "A," except said services shall be performed in and for the
City of Boynton Beach.
B. All references in the U.S.c.G. Contract to the United States Coast Guard and the
United States of America shall be considered references to the City of Boynton
Beach.
C. Contractor shall perform the services in and for the City of Boynton Beach as
detailed in the U.,S.c.G. Contract utilizing the prices set forth in Exhibit "A."
D. As discussed in Part I, Section F.1. of the U.S.c.G. Contract, term period of this
Agreement shall commence on the date this Agreement is executed by the City
and terminate on September 30, 2009. The remainder of this section of the
U.S.c.G. Contract shall remain the same.
E. The venue of any action taken to enforce this Agreement shall be in Palm Beach
County, Florida and this Contract shall be interpreted under the laws of the State
of Florida.
F. Contractor shall provide City with proof of insurance as required by the U.S.C.G.
Contract naming the City of Boynton Beach as the "Additional Insured" and
providing the City with all the same endorsements provided to the United States
Coast Guard and the United States of America in the U.S.c.G. Contract.
G. All Notices to the City shall be sent to
City of Boynton Beach
Attn: City Manager
100 E. Boynton Beach Boulevard
Boynton Beach, Florida 33425
Section 3. In all other respects, the terms and conditions of the U.S.C.G. Contract,
are hereby ratified and shall remain in full force and effect under this "piggybacking"
arrangement, as provided by their terms.
IN WITNESS OF THE FOREGOING, the parties have hereunto set their hands and seals
on the dates written below.
CITY OF BOYNTON BEACH
BY:
KUR T BRESSNER
CITY MANAGER
ATTEST:
BY:
City Clerk
Approved as to form:
BY:
Office of the City Attorney
WITNESSED BY:
CLEAN HARBORS ENVIRONMENT AL
SERVICES, INC.
BY:
President
STATE OF FLORIDA
COUNTY OF PALM BEACH
The foregoing Agreement was acknowledged before me this _ day of
2007, by of CLEAN HARBORS ENVIRONMENT AL
SERVICES, INC., who is personally known to me, and who has affirmed that he/she has been
duly authorized to execute the above document on behalf ofthe corporation.
NOTARY'S SEAL:
NOTARY PUBLIC, STATE OF FLORIDA
Name of Acknowledger, typed, printed, or Stamped
S:ICAIAGMTSIDisaster Debris Removal (A TL),doc
EXHIBIT "A"
AGREEMENT BETWEEN UNITED STATES COAST GUARD AND CLEAN HARBORS
ENVIRONMENTAL SERVICES, INC.
1. THIS CONTRACT IS A ~ED ORDER ~ rllNro ME Of' PAGlS
AWARD/CONTRACT UNDER DPAS (15 CFR I 1 I 113
z. 00H11lACT (PIa.. In... IdetIIJ NO. IS. !...mn~i blt.J( r RfOOI$ITlOHIPtIRQiASE Ill!QUEITJPROJEcrT"o.
HSCG8~05AIOOOB5 7 1 05 OKB Control # J.600 - 0002
LIS_CIIY CODE I Ii. ADloIlNlS1l!R&O IIY (If ~....!_ 110m IV OOOt: I
C01rIlIaoder, U.S. Coast Guard
MLCLAN'l' (fcp-2) Sall*! as Block 5
300 East Main Street, Suite 965
Norfolk, VA 23510-91J.3
7. NAlK!N<<>IIllDRl!!U OF~ (M>., It1Hl, cIIy, COUllly, Sl...nd Z1P ClxJIrJ . OEUVERY
Clean Harbors Environmental Services Inc. 0 00 OnEil IS- hlo"
1501 Washington Street RllI ORlOIH
Bra int ree , MA 02184-4;S~ ' gllCOUlfl' FOR PROM"i ,",YIlIito'
Net 30 Days
POC; Phil Bail
Tel: 761-849~180D x 5309
Fax: 781-794-3843 o. all8MlT lHYOlCE5 nElI
DUNS It: 039322250 ~copin_'ofll'" ~ Section G
.... .,to&d1 TO T1f!:
cooe ~ <:cDE ~$I6HO'M1IN:
(,. SHIP 'T'CVIolAAK FOR COlli! I a. '....'OEm WlU.1e IAADE IIY cooe
See Individual Task Order
1 a. AUlltORnY FOR USINQ O'THER 1lWl FUlL NlJJ Of'EH OOMl'B1l'l1ON; 14. AC(Xll,IN'llNG MD API'I\OP"'- TlOH WI rA
~ 1t use D6ere 041 USCU2<I. See Individual Task order
I I
15A. ITEM NO. t58. SUPPlIES/SERVICES t6e. QUANTITY 150. UNIT 15E, UNIT PRICE I 15F. AMOUNT
I 0.00
Labor, Equipment, and Materials to 0.00
contain, cleanup, and/or mitigate I 0.00
the harmful e!fects of 011 spills 0.00
and hazardous substance incidents 0.00
0.00
0.00
0.00
1~. TOTAl. AMOUNT OF CONTRACT ~ SO.OO
n. .",., if not ""'Iu/red to 8/pll JIJ. docunwn ,) OUt
= f:.'*o':lt'~.... *::':::....0.. C'oIdI ~ ~ v.IIl:tI Id9loll. or Mane" - .... ~M
In lull IDow. " ~b)' _pc.d _ ... .... liens _ 000.. .nd 0<1 Iny _(iou.lion
w.... 'l'hIt _rei _.,.._ 1/Ia ..._ ..om ool1lliSl. 01 tile lo_p
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(...., DESCRIPTION DE$CRIPTlO~ u______._ I PAGElSI
. . ------"&lU".JlJl.Jo:1HE1;1\11Z /OAR%.I....c:aIlmAOT ClAtISlSS
X tcrTAl1~FtlfW 1
X UPPUf!8 OR 6EIlVlCES AH:I PRlCZSICCllm> 2 - 71
X TlONI$PeCS,fWQRK sr^TElM!HT 72-76
X ~NG AN)w.RIQItQ 77
X Pl!CTJOIol NO .o.ccEl"fANCE 7 B
X velVeeORPmlFC~ 79-80 X
X AIlMlHlSTIlATIOH Dt.TA 81-83 X
X PEClAL ~lteQUlREIoII!NT5 84-92 X ALLlfITlOH I'AC'rORS pOftAWMO
CONTRAOTlNG OFFICER y,.yu. COMPlETE I1EM 17 OR 18 AS APPUCABLE
IT. 0 CON1IV;Cf~OOTI1I:
qg/rI/d 10 """ tIoII """"-,,, Idd .. TWO ~I ~ IIf<IiIII1 _,I
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gOYUled bf lilt -..q clocINMl\k: fI')11iII ~c:I. 11>, .,. ....Ion, . _,
.nd tr:l IUdl JllII'IfIIone. ..,.......lIQrI, DIln_no. .nd opecIadgns. n I. _
or In""","'Nld ty .......,... ,,"1IIn. 14111..........11 Ire _ he..~
1'''. NAME AHll 'l'tTt.l OF S101Cl!1l. (JYp1 .rplt!!)
fJ' I tVi (/1 L' k' ( ,'Yl C.~\Cii L ;' (1\).. \ (l..\) ,
\ , !' 11:i' { ,<:: iJi' ()61,rO?Vi:'-
118. HMlI ~ i.. '-i.l .e. DATE SIGIll!D .
8Y ~ v\ ~ Cj 1..)"/<1'(
($/pl!.,.... "'_ Wlh_ ~., . .'
HSN 754().(11-t52_11
PIlE\llOQS ecmoH lJIo4\JSNllE
A. NAME OF CONTllACT1NG ~It
Marie Gilliam, Contraptiog officer
01. ~J1I..n:S OF "'fRlp'" . C. DAl1!:,lfIGNlOD
. r v I~ y ~ .,yJJ.ICA-- ~ Ir / ~-.
BY / ($fl/nI,...,olo,-.:Mg0lb4 07 0 1/ 0..)
STANDARD FO~f1.~~' ~l
For f4$ CR\) '1'31 Cl'<I .
EXHIBIT "B"
LETTER FROM CLEAN HARBORS ENVIRONMENTAL SERVICES, INC.
AGREEING TO HONOR THE RATES PROVIDE IN THE U.S.C.G. CONTRACT IN ITS
AGREEMENT WITH THE CITY OF BOYNTON BEACH
11635196306
Clean Harbors Florida
03 32 53 p 1'1
091 i1 1007
(J~t!r~
ENVlRONMEITAL SERVICES.
Clean Harbors Environmental Services, Inc.
11221 Interchange Circle South
Miramar. FL 33025
954-430-2860
9/17/2007
To whom it may concern,
Clean Harbors Environmental Services will honor the USCG / BOA time plus materia! rates for the City of
Boynton Beach once a contract between the City of Boynton Beach and Clean Harbors is executed.
"People and Technology Creating a Better Environment"
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VI.-CONSENT AGENDA
CITY OF BOYNTON BEACl ITEM C.l.
AGENDA ITEM REQUEST FO.l'UH
Requested City Commission Date Final Fonn Must be Turned
Meeting Dates in to Citv Clerk's Office
D August 21, 2007 August 6, 2007 (Noon.) ~
D September 4, 2007 August 20, 2007 (Noon) D
D September 18, 2007 September 3, 2007 (Noon) D
D October 2, 2007 September 17,2007 (Noon) D
Requested City Commission
Meeting Dates
Date Final Fonn Must be Turned
in to City Clerk' s Office
October 16, 2007
October], 2007 (Noon
November 7, 2007
October IS, 2007 (Noon)
November 20, 2007
November 5, 2007 (Noon)
Legal
Unfinished Business
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November 19, 2007 (NOOll:b
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D Announcements/Presentations D
NATURE OF D Administrative D
AGENDA ITEM ~ Consent Agenda D
D Code Compliance & Legal Settlements D
D Public Hearing D
City Manager's Report
New Business
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RECOMMENDA nON: Approve revision of Fire Rescue Advanced Life Support ambulance transport fees.
EXPLANATION: The BBFRD has not increased its ALS transport fees since 2004. In order to continue capturing
revenue to help offset the escalating cost of supplying medical care, it is necessary to periodically evaluate our fee for
service rate structure. Approval of this request will allow the City to collect additional revenues from a proposed
Medicare fee update. A review of the 2007 Palm Beach County Division of EMS Transport Fee Structure Report (see
attachment), indicates that our Fire Rescue ambulance transport rates are well below our surrounding communities.
Staff recommends increasing our transport fees as noted, with the exception of mileage.
PROGRAM IMPACT: These changes will allow us to bill at an increased rate, which will in turn provide for
additional revenues to be collected.
FISCAL IMPACT: We anticipate an increase in the annual revenue collected from our ALS transport program.
Actual revenue increases are difficult to predict, however, past records indicate, a conservative 5% increase in
reimbursements will result in approximately $40,000.00 in additional funds.
AL TERNA TIVES: Maintain the current fee structure with the associated loss of additional revenue.
Department Head's Signature
~A~
ity anager's Signature
CW1L
Q,~
Fire Rescue Department
Department Name
Assistant to City Manager
~~~~
City Attorney / Finance
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM,DOC
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2 RESOLUTION NO. R 07-
3
4 A RESOLUTION OF THE CITY COMMISSION OF THE
5 CITY OF BOYNTON BEACH, FLORIDA,
6 AUTHORIZING AND APPROVING A REVISION OF
7 THE FIRE RESCUE ADV ANCED LIFE SUPPORT
8 AMBULANCE TRANSPORT FEES; AND PROVIDING
9 AN EFFECTIVE DATE.
10
11 WHEREAS, the Boynton Beach Fire Rescue Department has not increased uts
12 Advance Life Support transport fees since 2004; and
13 WHEREAS, to continue capturing revenue to help offset the escalating cost of
14 supplying medical care, it is necessary to periodically evaluate the fee for service rate
15 structure; and
16 WHEREAS, upon recommendation of staff the City Commission of the City of
17 I Boynton Beach, Florida, hereby does revise the Fire Rescue Advanced Life Support
18 Ambulance Transfer Fees, to incorporate this new reimbursement fee structure;
19 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
20 THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
21 I'
Section 1. The foregoing "Whereas" clauses are hereby ratified and confinned as being
22 true and correct and are hereby made a specific part of this Resolution upon adoption hereof.
23
Section 2.
The City Commission of the City of Boynton Beach does hereby
24 authorize and approve the revised Fire Rescue Advanced Life Support ambulance transport
25 fees, as attached hereto as Exhibit "A" and made a part hereof.
26
Section 3.
That this Resolution shall become effective immediately upon passage.
:ICAlRESO\AgreementsIBBFD\BBFD (revise ALS Fees) 091907.doc
-1 -
1 PASSED AND ADOPTED this _ day of October, 2007.
2
3 CITY OF BOYNTON BEACH, FLORIDA
4
5
6
7 Mayor - Jerry Taylor
8
9
10 Vice Mayor - Jose Rodriguez
11
12
13 Commissioner - Ronald Weiland
14
15
16 Commissioner - Mack McCray
17
18
19
20 Commissioner - Carl McKoy
21
22 ATTEST:
23
24
25 Janet M. Prainito, CMC
26 City Clerk
27
28
29 (Corporate Seal)
30
S:\CA \RESO\Agreements\BBFD\BBFD (revise ALS Fees) 091907.doc
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EXHIBIT "A"
The City of Boynton Beach FL
~(
",\,
~
Michael D. Landress,
EMS Coordinator
Boynton Beach Fire Rescue Department
100 E. Boynton Beach Boulevard
Boynton Beach, Florida 33435
Phone: (561) 742-6337
FAX: (561) 742-6346
E-mail: landressm@Ci.boynton-beach.jl.us
www.bbfrd.org
August 27, 2007
To: Chief Bingham
From: Michael Landress
U L--., --~-
Re: Advanced Life Support (ALS) Transport Fee Revision
Chief Bingham,
As you know, BBFRD has not revised its ALS TP fee(s) since 2004. In an effort to become more consistent
with other local agencies (specifically, Delray Beach & Boca Raton Fire Rescue agencies) and to ensure full
reimbursement from Medicare, which are raising their allowed amounts to 7.7.% beginning in Jan. 08. I am
requesting the following fee modifications be included (as exhibit "A") in a resolution submitted to the City
Commission for their approval.
Our current and recommended fee structure:
Service Current BBFRD ProDosed BBFRD DBFR BRFR
* Basic Life Support
(BLS) $325.00 $350.00 $435.00 $554.44
Advanced Life
Support 1 (ALS-l) $400.00 $425.00 $450.00 $554.44
Advanced Life
Support 2 (ALS-2) $500.00 $575.00 $570.00 $715.42
--
** Special Care $660.00
Transport (SCT) $600.00 $650.00 $745.22
Mileage $8.00 / mile No increase $8.66 $10.15
* BLS is not currently a part of our transport services; however, there are occasions where we do perform
this service (i.e. AMR unavailability, 1-95 accidents etc...).
** SCT transports involve inter-facility transports (i.e. nursing homes, Assisted Living Facilities and
hospitals). Like BLS, the SCT is not currently part of our transport service. However, there are occasions
where we are requested to transport critically ill patients between medical facilities.
C: City Attorney
Palm Beach County Division of EMS
Deputy Fire Chief, James Ness
EMS Billing Specialist, Jill Walker
2007 AMBULANCE RATES
American Medical Response ALS 1-N $359.00 current status date
ALS1-E $411.00
ALS2 $419.00
SCT $439.00
Mileage $7.70
Glades area $8.25
Oxygen $30.00
BLS $275.00
Boca Raton Fire Rescue BLS $554.44 8/15/2007
ALS1 $554.44
ALS2 $715.42
SCT $745.22
Mileage $10.15
Boynton Beach Fire Opt. BLS $325.00 8/15/2007
ALS1 $400.00
ALS2 $500.00
Mileage $8.00
Spinal Immot $20.00
Oelray Beach Fire Opt. BLS $435.00 8/15/2007
ALS1 $450.00
ALS2 $570.00
SCT $660.00
Mileage $8.66
Greenacres Public Safety BLS $395.00 8/15/2007
ALS1 $395.00
ALS2 $495.00
Mileage $7.95
Lake Worth Fire Rescue ALS1 $400.00 8/15/2007
ALS2 $550.00
Mileage $6.00
Medics Ambulance Service ALS $360.00 8/15/2007
BLS $280.00
Oxygen $30.00
Mileage $7.70
SCT $439.00
North Palm Beach Fire Flat Rate $450.00 8/15/2007
Mileage $7.00
Palm Beach Fire BLS $390.00 8/15/2007
ALS1 $408.00
ALS2 $513.00
Mileage $8.00
Palm Beach County Fire Opt. BLS $450.00 8/15/2007
ALS1 $450.00
ALS2 $610.00
Mileage $8.00
Palm Beach Gardens Fire BLS $375.00 8/15/2007
ALS1 $425.00
ALS2 $495.00
Oxygen $30.00
Mileage $800
SCT $540.00
Palm Springs Public Safety No fee 8/15/2007
Riviera Beach Fire Dpt. ALS & BLS $450.00 8/15/2007
Immob. Fee $20.00
Mileage $8.00
Tequesta Fire Rescue ALS $365.00 8/15/2007
BLS $315.00
ALS 2 $495.00
Mileage $6.50
Trauma Hawk Basic Lift Off $5,640.00 8/15/2007
Mileage $73.84
West Palm Beach Fire Dpt. BLS $390.00 8/15/2007
ALS1 $540.00
ALS2 $540.00
SCT $640.00
Mileage $8.00
Waiting Fee $35.00
Special Event~ $100.00 per hour
or $1 50.00
page 1 at 1
Ness, Jim
From: Walker, Jill
Sent: Monday, September 24,20072:29 PM
To: Landress, Michael; Ness, Jim
Cc: McDeavitt, Amy
Subject: 2008 ALS2 rates
Good afternoon,
It was brought to my attention by Amy that our proposed ALS2 rates need to be increased by another $25.00 to
ensure we are not adversely affected by the 2008 Medicare allowable rates. This will ensure us a full
reimbursement by Medicare.
Thank you,
Jill Walker
EMS Billing Specialist
100 E Boynton Beach Blvd
Boynton Beach, FL 33435
Phone (561) 742-6338
Fax (561) 742-6346
walkeri@ci.boynton-beach.fl.us
9/25/2007
VI.-CONSENT AGENDA
ITEM C.2.
CITY OF BOYNTON BEAClJ
AGENDA ITEM REQUEST FORNi
Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned
Meeting Dates in to Citv Clerk's Office Meeting Dates in to Citv Clerk's Office
0 August 21, 2007 August 6, 2007 (1'\oon) ~ October 16, 2007 October 1,2007 (Noon
0 September 4, 2007 August 20, 2007 (Noon) 0 November 7, 2007 October 15,2007 (Noon)
0 September 18, 2007 September 3, 2007 (Noon) 0 November 20. 2007 November 5, 2007 (Noon)
0 October 2, 2007 September 17, 2007 (Noon) 0 December 4. 2007 November 19,2007 (Noon)
0 Announcements/Presentati ons 0 City Manager's Report
NATURE OF 0 Administrative 0 New Business
AGENDA ITEM ~ Consent Agenda 0 Legal
0 Code Compliance & Legal Settlements 0 Unfinished Business
0 Public Hearing 0
RECOMMENDATION: Approval of the Collective Bargaining Agreements with Palm Beach
County Police Benevolent Association for Police Officers/Detectives.
EXPLANATION: The collective bargaining agreement with the police officers/detectives expiredon
September 30, 2007. A new agreement with the bargaining unit has been negotiated and if approved
will remain in effect until September 30,2010.
PROGRAM IMP ACT: Collective bargaining agreements provide for compensation and conditions of
employment for sworn police department employees holding the rank of lieutenant, sergeant, officer or
detective.
FISCAL IMPACT: Expenditures for salary and benefits provided for in the collective bargaining
agreements are provided for in the departmental budget. All contracts include a wage-reopener
provision in the event of funding cuts occasioned by state legislative activity.
ALTERNATIVES:
None.
7
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City Manager's Signature
Assistant to City Manager ~
Gif= ~
City Attorney I Finance
Department Name
S:\BULLETIN\FORMSIAGENDA ITEM REQUEST FORM DOC
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RESOLUTION R07-
A RESOLUTION OF THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA,
RATIFYING THE AGREEMENT BETWEEN THE
CITY OF BOYNTON BEACH, FLORIDA AND THE
PALM BEACH COUNTY POLICE BENEVOLENT
ASSOCIATION POLICE OFFICERS AND
DETECTIVES FOR THE PERIOD OF OCTOBER 1,
2007 THROUGH SEPTEMBER 30, 2010, AND
AUTHORIZING AND DIRECTING THE MAYOR
AND CITY CLERK TO EXECUTE THE
AGREEMENT; AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS, the City of Boynton Beach and the Palm Beach County Police
17
Benevolent Association (PBA) - Police Officers and Detectives have successfully
18
concluded negotiations for a three (3) year contract; and
19
WHEREAS, the Agreement was ratified by the Bargaining Unit of the Union;
20
and
21
WHEREAS, the City Commission of the City of Boynton Beach deems it to be in
22
the best interests of the residents and citizens of the City to ratify the Agreement and
23
execute the same; and
24
25
26
27
28
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION
OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1.
The foregoing "WHEREAS" clauses are true and correct and hereby
29
ratified and confirmed by the City Commission.
30
Section 2.
The City Commission of the City of Boynton Beach, Florida does
31 hereby ratify the Agreement between the City of Boynton Beach and the Palm Beach
32 County Police Benevolent Association (PBA) - Police Officers/Detectives for the period
S:\CA\RESO\Agreements\CBA Ratifications\PBA - PatroI2007-2010.doc
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.,.,
.).)
of October 1, 2007 through September 30, 2010, and authorizing and directing the Mayor
and City Clerk to execute the Agreement, a copy of said agreement being attached hereto
as Exhibit "A".
Section 3.
This Resolution will become effective immediately upon passage.
PASSED AND ADOPTED this _ day of October, 2007.
CITY OF BOYNTON BEACH, FLORIDA
Mayor- Jerry Taylor
Vice Mayor - Jose Rodriguez
Commissioner - Ronald Weiland
Commissioner - Mack McCray
Commissioner - Car] McKoy
ATTEST:
Janet M. Prainito, CMC
City Clerk
(Corporate Seal)
II
S:\CA\RESmAgreements\CBA RatificationsPBA - Patrol 2007-2010 doc
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AGREEMENT
BETWEEN
CITY OF BOYNTON BEACH, FLORIDA
AND
PALM BEACH COUNTY
POLICE BENEVOLENT ASSOCIATION
POLICE OFFICERS AND DETECTIVES
OCTOBER 1, 2007 - SEPTEMBER 30, 2010
ARTICLE
")
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TABLE OF CONTENTS
")")
Preamble
Recognition
Non-Discrimination
Dues Deduction
Union Business
Bulletin Board
Eligibility for Promotion
Vacancies
Management Rights
Advisory Committee
Hours of Work and Overtime
Wages
Seniority
Additional Monetary Benefits
Uniforms
Medical Expenses
Group Insurance
Lea'ves
Holidays
Funeral Expenses
Equipment Maintenance & Safety
Training
Career Path Program
Personnel Records
Leswl Action
Discipline Appeals
Grievance Procedure
Rights of Bargaining Unit Members
Under Investigation
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Past Practices
Personal Vehicles
Department Polices, Rules & Regulations
Posting
Complete Agreement and Waiver Clause
Severablitv
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Duration
Take Home Vehicles
Longevity Pay
Re-Establishment of Detective's Rank
Signature Page
Appendix A
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3
ARTICLE 1
PREAMBLE
This Agreement is entered into by the City of Boynton Beach, Florida, hereinafter
referred to as the "City" and Palm Beach County Police Benevolent Association, located in West
Palm Beach, Florida, hereinafter referred to as the "PBA". for the purpose of setting forth the
Parties' Agreements regarding rights, wages. hours, terms, and conditions of employment. and
benefits.
ARTICLE 2
RECOGNITION
The City hereby recogmzes the Palm Beach County Police Benevolent Association
("PBA") as the exclusive representative for the purpose of collective bargaining with respect to
wages, hours and terms and conditions of employment for the bargaining unit consisting of all
full time sworn police officers within the following job classifications: Police Officer and Police
Detective, or as modified by PERC. The term "member" or "employee" will mean any member
in the bargaining unit.
The City agrees that all correspondence, communication, or notice required by law or
otherwise pertaining to bargaining unit members' wages, hours, and terms and conditions of
employment shall be directed to:
John Kazanjian, President
Palm Beach County Police Benevolent Association, Inc.
2100 N. Florida Mango Road
West Palm Beach, Florida 33409
Attention: General Counsel
5
ARTICLE 3
NON-DISCRIMINATION
The City will not interfere with the rights of officers to become members of the PBA. and
there shall be no discrimination. interference. restraint or coercion by the City, or any City
representative, against any officer because of membership or because of any activity in any
official capacity on behalf of the PBA. The PBA shall not discriminate against any bargaining
unit member who fails to join the PDA, as provided by la\\.
The City and the PBA oppose discriminatory behavior of any nature. The City and the
PBA shall work jointly to eradicate discriminatory conduct in the work place. To that end. the
City and the PBA agree that bargaining unit members have an affirmative duty to act against
discriminatory behavior when it occurs in their presence or comes to their attention.
Discriminatory conduct by an employee can result in disciplinary action up to and including
termination. Discriminatory conduct means any communication. verbal or non-verbaL wllich is
unwelcome. objectionable, or not acceptable. desired. or solicited and relates to race. sex. color.
religion, national origin, handicap. familial status. sexual orientation. age. or marital status.
ARTICLE 4
DUES DEDUCTION
Upon receipt of a notice from the PBA and approved by the City which has been
voluntarily executed by a City employee who is a member of the bargaining unit, the City will
deduct from the pay due the employee, those dues and uniform assessments required to retain
PBA membership as certified by the PBA. The total amount of deductions shall be remitted each
month by the City to the Treasurer of the PBA. This authorization shall remain in full force and
effect during the term of this Agreement or for thirty (30) days after notification of the
revocation of the authorization to deduct by the employee.
7
ARTICLE 5
UNION BUSINESS
Section 1.
Elected PBA representatives will be granted paid leave to engage 111
representation activities on behalf of the PBA or any member as follO\vs:
A. Engaging in collective bargaining with the representatives of the CITY.
B. Processing of grievances.
C. Accompanying a fellow employee when:
,
1.
The employee is required to appear at a hearing related to a grievance.
")
The employee is presenting or responding to a grievance.
.,
-, .
The employee is subject to interrogation in conjunction \vith an internal
atTairs investigation.
4.
The employee is attending a pre-determination hearing.
The CITY may stop the use of such time off if it interferes with productivity or stalling
needs. However, the exercise of such right on the CITY'S part shall not be arbitrary or
capricious, nor shall it allow the CITY to proceed in a manner which deprives the employee of
his or her right of representation.
A PBA representative shall be permitted leave to attend functions of the PBA. provided
that such leave shall be at no cost to the CITY and representatives shall use the PBA time pool.
The PBA representative must be a member of the bargaining unit.
Section 2.
No employee shall engage in PBA business while on duty except as
referenced in Section 1.
ARTICLE 6
BULLETIN BOARD
The City will provide bulletin board space; one in the Line Up Room and one in the
Investigative Services Section for the exclusive use of the PBA, for posting bulletins, notices and
other union material. A notice or item placed on the bulletin board shall bear, on its face, the
legible designation of the PBA responsible for placing of this notice or item on the bulletin
board.
9
ARTICLE 7
ELIGIBILITY FOR PROMOTION
Section 1.
Only persons who have served a minimum of (3) three consecutive ve:lrs
immediately preceding the date of testing as a sworn law enforcement officer in the Cit\, or
Boynton Beach shall be eligible to take the test for the rank of Sergeant.
Section 2.
Only persons who have served a minimum of t\\'O (2) consecutive veal's
immediately preceding the date of testing as a sworn law enforcement officer with the City lOf
Boynton Beach shall be eligible to take the test fllr the rank of Detective 1 st Grade.
ARTICLE 8
VACANCIES
Consistent with the City's recruitment and selection policy (PPM Chapter 06), vacant
positions shall be filled by the City through recruitment and selection of employees on the basis
of their qualifications and relative knowledge, abilities, and skills.
11
ARTICLE 9
:\1ANAGEMENT RIGHTS
Section 1.
The PBA recognizes that except as provided in this Agreement and by law
the City has the exclusive right to manage and direct the Police Department. Accordingly. but
not by way of limitation. the City retains the exclusive right to:
A. To establish procedures to hire. promote. and layoff employees.
B. Discharge and suspend employees for cause.
C. Transfer employees il"om one location to another. one shift to another. or one
starting time to another.
D. Establish and change the starting and quitting times and the number of hours and
shifts to be worked.
E. Assign and reassign employees.
F. Schedule and change the work to be performed by employees.
G. Formulate. implement and change Departmental policy. rules, regulations. and
directives which are not in conflict with the specific provisions of this Agreement
or the lavv.
H. Introduce new services. procedures. materials. facilities and equipment.
1. To require employees to submit to physical. medical. and psychological testing to
determine fitness for duty. No bargaining unit member shall be ordered to submit
to physical. medical or psychological testing to determine fitness for duty ,,"ithout
such testing being approved by the Police Chief and the City Manager.
J. Determine and change the equipment and materials provided to or not provided to
employees.
K. Add to or change the qualifications necessary for any job classification.
"I ....
L. Create, alter or disband any Departmental unit or transfer members based upon
the needs of the Department as determined by the Chief.
M. The City is a Drug Free Workplace and has established a Drug Free Workplace
Policy. The City supports random drug testing for all bargaining unit members.
The City reserves to itself the power to order employees to submit to reasonable
suspicion or random drug testing, subject to compliance with the testing/sample
handling procedures as set forth in Florida Statute and the Florida Administrative
Code, as referenced in the City's Drug Free Workplace Policy. The City agrees to
use State certified laboratories for all drug testing.
If the City fails to exercise anyone or more of the above functions from time to time, it
shall not be deemed a waiver of the City's right to exercise any or all of such functions. Any
right or privilege of the City not specifically relinquished by the City in this Agreement or
limited by law shall remain with the City.
Section 2.
In the event of any change over which the City may have an obligation to
bargain concerning an impact of the change, the change may be implemented after said impact
bargaining.
13
ARTICLE 10
ADVISORY COMMITTEE
Section 1.
By mutual agreement between the City and the PBA. they may establish a
joint committee. The PBA membership shall consist of persons designated by the PBA from
within the position classifications covered by this Agreement. and members designated bv the
Chief of Police shall consist of persons within the Department. but outside the bargaining unit
Section 2.
This committee may meet as needed by mutual consent. and meetings may
be held between the hours of 8:00 A.M. and 5:00 P.M" Monday through Friday or at another
mutually agreeable time. 11' a meeting is held during working hours of an employee panici pant.
said participant may be excused without loss of pay for that purpose. Attendance for a meeting
outside of regul'.lr working hours shall not be deemed as time worked and participants wiii not
receive additional payor leave benefits.
Section 3.
Attendance by other than members of the PBA and City Administrative
Officers will be by agreement of a majority of the members of the Committee and shall first
receive the approval of the Chief of Police.
1- .:'~
ARTICLE 11
HOURS OF WORK
AND OVERTIME
Section 1.
The work cycle for bargaining unit members assigned to 11.5 hour shifts
is a 28 day work cycle. The work cycle per bargaining members assigned to 8 and 10 hour shifts
is a 7 day work cycle. For the purpose of calculating overtime, bargaining unit members assigned
to the 11.5 hour shift will be paid overtime for all hours worked in excess of 171 hours in a 28
day work cycle. For the purpose of calculating overtime, bargaining unit members assigned to
the 8 or 10 hour shifts will be paid overtime for all hours worked in excess of 40 hours in a 7 day
work cycle.
For purposes of calculating overtime, only hours actually worked, or hours worked for
Department authorized training shall be counted as hours worked.
Overtime pay, when so granted, will normally be contained in the member's next regular
pay check following the time worked.
Employees who are in a duty status seven (7) minutes either prior to or after their shift
will not be eligible for overtime pay. Employees who are in a duty status more than seven (7)
minutes either prior to or after their shift must be so only with the Supervisor's approval in order
to be eligible for overtime pay.
Section 2.
Pursuant to Article 9, Section lD, it is a Management Right to establish
and change the starting and quitting times and the number of hours and shifts to be worked. The
15
City agrees that \'vork schedules will not be changed solely for the purpose of avoiding the
payment of overtime and/or overtime rates of pay as provided by this Agreement. Uniform
Services shift schedules shall not be changed without the City providing thirtv (30) days
advanced notice to the Union of the change.
Section 3.
No member of the Bargaining Unit shall be required or allowed to work
more than sixteen (16) continuous hours except during a declared emergency or during an
ongoing immediate investigation. Members of the Bargaining Unit acknowledge that tiley have
an obligation to come to work physically and mentally prepared to efficiently and etlcctiyely
carry out their responsibilities. No member of the bargaining unit shall be scheduled either by
the department or through shift swaps. details. or ewer-time. to work more than 16 hours of duty
in a 24 hour period. except during emergencies or \vhere overtime is required to complete an on
duty assigl1:menL i.e. late arrest. For the purpose of this section. duty means regular assigned
duties and detail assignments. not to include court. depositions. filings. and similar judicial
responsibilities.
Section 1.,
implemented.
ARTICLE 12
WAGES
Effective October 1, 2007 the following Step Pay Plan shall be
$44,800.00 $44,800.00 $45,472.00 $46,836.16 $48,241.24 $49,688.48 $50,682.25
$47,000.00 $47,000.00 $47,705.00 $49,135.15 $50,610.23 $52,128.54 $53,171.11
$49,200.00 $49,200.00 $49,938.00 $51,436.14 $52,979.22 $54,568.60 $55,659.97
$51,400.00 $51,400.00 $52,171.00 $53,736.13 $55,348.21 $57,008.66 $58,148.83
$53,600.00 $53,600.00 $54,404.00 $56,036.12 $57,717.20 $59,448.72 $60,637.69
$55,800.00 $55,800.00 $56,637.00 $58,336.11 $60,086.19 $61.888.78 $63,126.55
$58,000.00 $58,000.00 $58,870.00 $60,636.10 $62,455.18 $64,328.84 $65,615.42
$60,200.00 $60,200.00 $61,103.00 $62,936.09 $64,824.17 $66,768.90 $68,104.28
$62,400.00 $62,400.00 $63,336.00 $65,236.08 $67,193.16 $69,208.96 $70,593.14
$64,600.00 $64,600.00 $65,569.07 $67,536.07 $69,562.15 $71,649.02 $73,082.00
$66,800.00 $66,800.00 $67,802.00 $69,836.06 $71,931.14 $74,089.08 $75,570.86
ADJUSTMENT COLA MERIT COLA MERIT COLA MERIT
RAISE RAISE RAISE
17
Section 2. The pay plan V\'ill be implemented as follows starting on Oct 1 2007. E\en
Officer's wage \vill be increased according to the column labeled "adjustment'" on Oct I 2007.
This will place all the Officers in the correct wage/salary to begin the pay plan. Each step in the
plan signifies one complete year of sworn service with the Police Department. Thus if an officer
has completed four (4) years and seven (7) months as of October 1, 2007. he/she would be
adjusted to STEP 4. Officers who are currently being paid a rate higher than the STEP they
would fall into, will proceed upward to the first nearest STEP that affords them a raise. This
scenario is explained below in Example 3. For the purposes of these calculations, the yearly
salary will be a reflection of the appropriate hourly rate multiplied by the number "208Cr'. The
pay plan is based on COLA raises on Oct I st 2008 & 2009, as well as a pay-per-performance
raises on April 1 st 2008, 2009. 2010. The scale will be read as follows. Once the officer is
placed into the scale by current years completed on Oct 1 2007, they will progress through the
scale. and raises 'will be given according to years completed on those dates of Oct 1 and April 1.
See Appendix A for Examples 1. 2 and 3
Section 3.
The rank of Detective will be handled the same way, upon implementation
of plan on Oct 1 2007 the only member serving in the rank of Detective (Athol) will be
reclassified to Detective 1 st Grade and will be brought to his "adjusted wage" and will be placed
into the Step 1 0 wage as he has completed 1 0+ years in the rank of Detective as of 1 0- 1-07 He
will proceed along the bottom line of the pay plan as he will be maxed out in years in rank for
the duration of the contract. No other member of this union will be eligible for this pay grade
prior to passing a promotional exam approved by the Chief of Police.
Section 4. Should a promotion occur from Patrolman to Detective 1 st Grade or from
Detective 1 st Grade to Sgt it will be handled as follows: A promotion will consist of a 10%
increase to the employees current rate of pay. This will increase the employee's rate of pay to a
number that will inevitably fall between two steps of the plan's designated pay rates for that date.
To ensure the integrity of the plan no one will make a wage other then specified by the plan's
pay scale. This newly promoted employee will be placed into the higher of the two rates they
fall between. Should a 10% increase leave that employee below the "starting" rate for that rank
on that date, they will be brought to the starting salary for that rank and proceed through the plan
accordingly.
See Appendix A for Examples 4 and 5
The promotion to the rank of Detective 1 st Grade from patrolman will follow the same
procedures according to the Detective 1 st Grade's pay scale.
Should a demotion occur from SGT to Patrolman, or SGT to Detective 1 st Grade
(* * *note* * * this would only be possible if the SG T held the "rank" of Detective prior to 10-1-07
or the "rank" or Detective 1 st Grade after 10-1-07 being promoted to SGT) a 10% decrease will
occur in the employee's rate of pay and he/she will again fall between two pay rates. The greater
of the two rates will then be applied. If the employee that is demoted and as a result of the 10%
19
decrease lands above the max scale for that rank. he/she will be lowered to the max rate of pa:
for that rank at that time.
A starting employee will proceed through the scale as follows depending on their date of
hire. If the new employee is hired between Oct] SI and March 31 st they will proceed as follows.
The employee \vill be hired at the starting rate of pay according to the pay scale on their date uf
hire. They will proceed at that rate of pay until they reach their one year anniversary. Upon the
exact date of their one year anniversary the employee will be brought up to the correct pay per
the scale. The April 1 SI performance raise will not be applicable until that employee hets
completed one full year. The COLA raise \\'ill be given to every employee on Oct 1 ,t no matter
their time in service. The following are two examples as to how this will work.
See Appendix A 1c)r Examples 6 and 7
Section 5. The City's performance based compensation system represents an integral
component of an employee' s opportunity to progress through the Step Pay Plan. The procedures
for conducting annual performance evaluations for all Police Department personnel is set tc)rth in
the Police Department Written Directives. Index Code 700. On ratification of this Agreement.
the annual evaluation cycles will be adjusted to provide a preliminary evaluation in l'\ovember of
each year. commencing November 2007 and a final annual evaluation in February of each year.
commencing February 2008.
Section 6.
Employees must receive an evaluation of satisfactory or above to progress
to the next higher Step in the Step Pay Plan. In the event an employee receives a less than
satisfactory performance evaluation during any annual evaluation period, that employee shall not
be moved up to the next higher Step in the Step Pay Plan. Instead, the employee's move to the
next higher Step will be delayed for a period of ninety (90) days, at which time the employee
will be re-evaluated. In the event an employee receives a satisfactory or greater performance
evaluation, then that employee shall be moved up to the next higher Step effective the first full
payroll after the completion of ninety (90) days. If the employee does not receive a satisfactory
or greater evaluation an additional and final ninety (90) days re-review period shall begin.
Failure to achieve a satisfactory or greater evaluation at the end of the second ninety (90) day
period constitutes grounds for just cause discipline.
Section 7.
The City may make changes 111 the current performance appraisal
instrument only after the PBA has had the opportunity to provide input on the instrument.
Section 8.
Attendance is an integral component of performance. In the event an
employee has been placed on restrictive sick leave pursuant to Departmental Policy, a copy of
which is attached hereto as Exhibit "A", (excluding Family Medical Leave) during any annual
evaluation period, that employee shall not be eligible for a wage adjustment. Instead, the
employee's wage adjustment shall be delayed for a period of ninety (90) days, during which it
will be determined if the employee has had more occasions of unexcused sick leave. In the event
an employee does not have an additional occasion of use unexcused sick leave, then that
21
employee shall be granted the wage adjustment on the first full payroll after the completion of
ninety (90) days. The employee' s denial of a wage adjustment shall continue in ninety (90) do)
increments each time an employee has one or more additional occasions of unexcused sick leave.
Section 9. Assignment Pay
Effective October 1. 2007 bargaining unit members as provided belo\v shall receive
increases to their Step Plan base rates of pay as follows:
A. SWAT (Special Weapons & Tactics) Those members who have successfullv
completed testing and are selected as a member of tbe Police Department SWAT
Team, shall be compensated an additional 10% for hazardous duty pay during
those hours that the members are utilized in the resolution of hostage rescue.
baITicade incidents, or otherwise activated to perform some enforcement function
as a team.
B. K-9 Unit. Members assigned to the K-9 Unit will receive one (1) hour of overtime
for K-9 carc. equipment maintenance and vehicle cleaning for each RI;O.
vacation day where the dog is not kenneled or otherwise boarded. K-9 officers
will be allmved one (1) hour of duty time per work dav to tend to K -9 carc.
equipment maintenance and vehicle cleaning. Members on vacation wi i\ be
credited one hour per day for K-9 care. equipment maintenance and vehicle
cleaning.
C. Officers. while assigned as Field Training OtTicers and who have completed
successfully the required 40-hour training shall be compensated an additional five
(5%).
Section 10. In the event of the passage of a State Constitutional Amendment or State
Legislative Enactment which will alter or affect the flow of revenue to the City during the term
of this agreement, the wage/rate of pay articles of the Agreement may, at the written request of
the City, be reopened for negotiations.
Reopened negotiations shall commence and be concluded within forty-five (45) calendar
days of the date the City gives written notice to the PBA of the City's request to reopen
negotiations. If an agreement is not reached within forty-five (45) calendar days, the
negotiations shall be deemed at impasse and the impasse issue shall be submitted to the City
Commission at the second Commission meeting following the expiration of the forty-five (45)
days. The City and the PBA waive the appointment of as special magistrate to resolve the
impasse and agree that the City Commission shall resolve the impasse issues in accordance with
the provisions of 447.403 Florida Statutes,
During the negotiations and the impasse process, if any, the base wages of bargaining
unit employees will be frozen at the levels in place at the time the City requests to reopen
negotiations and no subsequent base wage increases will occur except as thereafter negotiated by
the City and the PBA, or, in the event the reopened negotiations do not result in a ratified
agreement, as imposed by the City Commission through the impasse process.
23
ARTICLE 13
SENIORIT'\'
Section 1.
The City agrees that seniority shall consist of continuous accumulated paid
sworn service with the Boynton Beach Police Department. Seniority shall be computed from the
date of appointment. Seniority shall accumulate during absences because of illness. injury in the
line of duty, vacation. military leave or any other authorized leave of absence.
Section 2.
The City agrees that seniority shall govern the following matters:
A. Filling temporary vacancies. See Article 14. Section 3.
B. Layoffs will be in reverse order of seniority.
C. Selection of day or night shift and starting time.
D. Any special event (Holiday Parade. July 4th, or any other event) shall be offered
through a rotating list of bargaining unit personnel based upon Department
seniority. This section does not apply to special details which require specified
and established training and skills.
Section 3.
Assignments to platoons. divisions. and units. IS a management right.
Seniority will be given great weight in the selection process. after qualifications and balance of
personnel are considered. Seniority may not in all cases be a prevailing qualification or the sole
basis for the selection. The decision may be reviewed upon request by the Chief of Police who
has the final decision.
Section 4.
In the event of a declared emergency alternate shifts or work schedules
may be adopted by the Chief of Police as needed.
,_ 4
Section 5.
Bargaining unit members who are demoted, voluntarily or involuntarily,
and thereafter regain the rank from which they were demoted, shall have their seniority in rank
bridged upon completion of their promotional probation. This will be applied retroactively to all
employees for the purposes of call sign and pay scale calculations,
Example: A Detective with five (5) years in rank is demoted to
patrolman. After three (3) years as a patrolman, the former Detective is promoted again
to Detective. Upon completion of his or her probationary period, the subject Detective is
a six (6) year Detective; that is, he or she has six( 6) years seniority in rank.
Section 6.
It is understood and agreed that bargaining unit members who separate
from employment with the Boynton Beach Police Department and thereafter return to
employment shall not be permitted to bridge seniority.
25
ARTICLE 14
ADDITIONAL MONETARY BENEFITS
Section 1.
Compensatory Time
Members of the Bargaining Unit shall have the option of accumulating a maximum of
eighty (80) hours. per fiscal year. of compensatory time at time and one half. A bargaining unit
member who is promoted to a position outside the bargaining unit. or who retires. or who is
terminated, will be paid the balance of all unused compensatory time. Compensatory ti me
earned and accumulated shall be paid off totally in September of the fiscal year if not utilized by
the end of the month of August. .
Section 2.
Special Detail Assignment
All Bargaining Unit Members assigned to cover special details may report directly to
their assignment without prior checking in or out at the police station. but must advise a
supervisor personally or by radio. Bargaining unit members assigned to a special detail shall
comply with all current department policies and procedures in effect.
Section 3.
Call back is defined as an\' time an officer is called into work \\hen he/she
is off duty, or when the work time is not contiguous with his/her assigned shift. In the eve11l of
call back the employee shall be compensated for the actual time worked, but not less than three
(3) hours at the rate of pay one and one-half (1 1/2) times his or her regular rate of pay. When an
officer is called for call back he/she will be guaranteed a minimum of three (3) hours at time and
one-half and at his/her supervisor's discretion the officer may be required to work the entire three
hours or longer. When an officer is called for call back his/her supervisor will indicate as to
whether or not he/she should arrive in uniform or in plain clothes, if the option is available.
Call back shall be handled as follows:
Step 1 Vacancies filled with the off-going shift platoon by seniority.
Step 2 Vacancies filled by other platoon that works the same shift but is regular day off
Step 3 Vacancies filled by other platoon that works the opposite shift (e.g. vacancy on
A.l is offered to BA, 5, 6). Variance to Step 3-the first day back on the shift will make
the opposite shifts ineligible to work. This occurs on Monday, Wednesday and Friday.
Step 4 All patrol officers not previously covered by seniority
Step 5 Vacancies will be offered to Detectives
Step 6 Ordered in by reverse seniority
The 16 hour maximum hours worked rule applies to all call-back.
Section 4.
Court Time
A. Court time will be paid at time and one-half when the officer is not on his regular
assignment. An officer on court time will be compensated a minimum of three (3)
hours at time and one-half.
B. An employee who has been instructed to remain on standby for court appearance
purposes during the employee's off-duty hours shall be paid one-half the straight
time hourly rate for each hour on standby up to a maximum of eight (8) hours of
standby duty in anyone day. A minimum payment of one (1) hour straight time
shall be paid for all standby assignments. When an employee is required to stand
by for eight (8) hours, the employee shall receive four (4) hours plus one (1)
additional hour at straight time. If an officer does go to court he will be paid for
27
the court time indicated in Section A and not receive standby time pay.
C. Bargaining unit members may report directly to court \vithout prior check in at the
police station. Members are still required to document their attendance at the
court house and submit documentation to the Department.
Section 5.
On Call
Any bargaining unit member who IS on an "on-call" (cm-pager) basis other than ClOurt
time as outlined in Article 14, Section 4 shall receive compensation of one hour of pay at time
and one half for each day (24 hour period) on call. No member will be placed "cJI1-call" without
the approval of a division commander or other member authorized by the Chief of Police.
Section 6.
The City 'will establisb the hours of \vork best suited to meet the
operational and fiscal needs of the Department. Any officer who accepts and participates in a
sl1ift swap will follo\\' the proper protocol. If the officer is sick and cannot meet 11is/her
obligation to work the shift. they are permitted to find a replacement without penalty. If ,t!1V
officer abuses this privilege by calling in sick the first time. they will lose the sick time (per
hour) and be suspended from shift swaps for three (3) months. The second subsequent sick call
\vill be a six (6) month suspension from shift s\vaps. and the third sick call could force the
member to be permanently disqualified from shift swaps. The member calling in sick \villnot be
penalized if they provide a legitimate excuse or provide documentation of being sick.
Section 7.
Shift Changes - Employer
An officcr will be gIven adequate advance notice as determined by the Chief 01" am
change in his/her regular hours of work except when an emergency exists. Notice given less
than forty-eight (48) hours before any changed schedule (assignment days or days off) is to take
effect, entitles the officer to receive compensation at the rate of one and one-half (1.5) times
his/her regular salary for the first day of his/her tour of duty.
Section 8.
The City agrees that any member required to be out of Palm Beach County
to attend court, seminars, or for any other reason as a result of his/her duties as a police officer,
except if the officer is exclusively the plaintiff in a personal civil action, will be paid his/her
regular rate of pay for each day or partial day required for said purposes. There will be no
overtime compensation.
Section 9.
Officer in Charge ("OIC") or Investigator in Charge ("IIC")
Whenever a bargaining unit member is assigned to fulfill the responsibilities of a
supervisor for a period of four (4) or more consecutive hours, his/her regular rate of pay shall be
increased by five percent (5%) for all such hours.
A. The City agrees that when assigning a Police Officer supervisory duties it shall
designate the officer on-duty who is highest on the promotional list for Sergeant.
If there is neither a promotional list nor an on-duty officer on the list, if a list
exists, the City agrees to assign the most senior on-duty Field Training Officer as
OIC.
B. The City agrees that when assIgnmg an Investigator or Detective supervIsory
duties it shall designate the senior Detective 1 st Grade, the Investigator who is
29
highest on the promotional list for Detective 151 Grade. or the senior Investigator
(in that order) to that assignment. If there is neither a promotional list nor an on-
duty Investigator on the list. if a list exists, the City agrees to assign the most
senior on-duty Detective 151 Grade or Investigator as the nc.
'~
ARTICLE 15
UNIFORMS
Section 1. The City will provide up to three (3) full uniforms per year and shoes
every six (6) months on an as-need basis. The City will supply replacements for the parts of the
unifonn when replacement is appropriate, as determined by the Chief, and if adequate funds are
available in the City Budget. The Detectives and other members of the bargaining unit assigned
to plain clothes duty will receive, in lieu of uniforms, a total of $1,600.00 a fiscal year, paid in
$400.00 installments at the end of each quarter and pro-rated as appropriate.
Section 2.
Reimbursement, replacement or repair of personal clothing and equipment
will be according to current department policies and procedures. The replacement will require
the approval of the Chief of Police. The Detective or Uniformed Officer claiming a replacement
will be required to include, with his/her claim, an explanation of the circumstances of the
damage and appropriate reports concerning the incident where damage to his uniform took place.
This allowance shall commence from the date of assignment on a pro-rated basis. Uniformed
Officers assigned to plain clothes duty for more than three (3) months at a time will receive
clothing allowance in accord with the above for the three (3) months and pro-rated thereafter.
Section 3. The City will bear the cost of cleaning ten (10) issued uniform pieces per
week for the contract year. The City shall notify those employees that are eligible, to take their
uniforms only to the approved dry cleaning establishment in Boynton Beach selected by the City.
Detectives and other members assigned to plain clothes will be given a cash cleaning supplement
31
equivalent to the cleaning benefit provided to uniform officers. This will be paid at the end of
each quarter of the contract year. This allmvance shall commence from the date of assignment
on a pro-rated basis.
ARTICLE 16
MEDICAL EXPENSES
Section 1.
Members of the bargaining unit will be responsible for scheduling and
completing a physical examination every other year beginning in October 2008. Physicals will be
completed by a medical doctor (M.D. or D.O.) and will be conducted at the officer's expense not
to exceed $100.00. The city will not be responsible for expenses if they exceed $100.00 and if
this occurs, the physical exam and it's expense will be a voluntary item for the bargaining unit
member The results of the physical will be reported to the City on a form approved by the City
for such purpose.
Section 2.
Any condition of disability resulting from Hepatitis, Acquired Immune
Deficiency Syndrome (AIDS), Tuberculosis, Meningococcal Meningitis, or Herpes Simplex 1,
established to have been occurred in the line of duty shall be covered the same as any other duty
111.1 ury.
Section 3.
The City shall provide an immunization schedule during the life of this
Agreement for any member who wants to be immunized for Hepatitis-Type B. It is incumbent
upon the bargaining unit member to notify the Department should they desire said immunization.
Said immunization shall be administered by medically qualified personnel.
Section 4.
The City shall bear the costs oflead testing for the Range Instructor(s).
33
Section 5.
The City will provide for AIDS and Hepatitis screening in all instances
where a member is exposed to situations/persons presenting a biological contamination threat
Results of these tests will be kept confidential.
~
ARTICLE 17
GROUP INSURANCE
Section 1.
Medical, Vision and Dental Insurance
The City shall pay the total medical, vision and dental insurance premmm for all
bargaining unit members. The members will pay the full cost of medical, vision and all but
$7.00 (see Section 3 of this article) of the dental insurance for their dependents. Existing
coverage levels and benefits shall remain in effect until at least September 30, 2008. In the event
the City changes benefit options for employees after September 30, 2008, then the health
insurance coverage for the employee and their dependants may be amended from time to time. In
this connection, should the employees' cost to provide dependent coverage for their dependents
increase more than 15 % during any fiscal year, the City agrees to open this Article for the
purpose of bargaining. The review and selection of insurance coverage shall be made on an
annual basis by the City. To that end, the City will form an insurance advisory committee to be
comprised of an equal number of non-represented members who are appointed by the City
Manager and two members from each of the city's bargaining units. Bargaining unit
representatives shall be designated by the PBA. The final decision regarding selection of insurers
is reserved to the City, but the City shall strongly consider input and recommendations from the
insurance advisory committee.
35
Section 2.
Life Insurance
Members of the bargaining unit shall be covered by $35,000 of group life insurance with
the premium paid by the City.
Section 3.
Dental Insurance
A group dental insurance program will be provided by the City and the City will pay the
premium for employees and $7.00 per month of the premium for family coverage.
Section 4.
The City shall pay the premium for a Fifty Thousand Dollar ($50,000.00)
life insurance policy to all bargaining unit members at no expense to the employee. The policy
shall bear a double indemnify provision for death occurring in the line of duty. This shall be in
addition to any other benefits required by State or Federal law.
36
ARTICLE 18
LEAVES
Section 1. Annual Leave - Vacation
A. All employees will follow the following vacation schedule:
Years of Service
Vacation Hours
1 year
2 years
3 vears
4 years
5 years
6 years
7 years
8 years
9 vears
10 years
11 years
12 years
13 vears
14 years
15 vears
16 vears
17 years
18 years
19 years
20 years
21 vears & after
96
120
120
128
136
144
152
160
168
176
176
176
176
176
176
192
192
192
192
192
200
B. Vacation requests may be submitted from 14 - 45 days in advance for vacation. In
the event of conflicting requests for vacation dates, the senior member request
shall prevail if it was submitted thiliy (30) days prior to the date or dates
requested. Vacations of two days or less may be made with twenty-four (24)
37
hours advance notice or less. All other requests submitted under 30 davs shall be
on a first come first serve basis regardless of seniority.
C. Request for emergency vacation leave will considered individually by the Chief.
Section 2. Sick Leave
A. Employees will earn ninety-six (96) hours of sick leave per year at the rate of
eight (8) hours per month. The LIse of sick leave vvill be in accord with the
Personnel Policy Manual and Police Department Rules and Regulations. as
applicable. Each bargaining unit member covered by this agreement is eligible to
receive one bonus day for continuous attendance at work at the completion of
each calendar quarter that the bargaining unit member has not used sick time
during the previous quarter. nor has been absent from work or on leave other than
those leave categories recognized in this document. Bonus days shall be counted
as vacation leave and subject to the provisions set forth for use of vacation.
B. En1ployees \vho have 11lore than one hundred t\vent}' (120) hours of sick leave as
of September 1. of the current contract year. may convert 50% of the excess over
one hundred tvventy (120) hours to a cash straight time payment not to exceed one
hundred (100) hours in any fi scal year.
C. Sharing Sick Leave
1. It shall be the policy of the City to permit an employee to donate accrued
sick leave time to another employee whenever extraordinary circumstances
require the designated employee to be absent from work for a lengthy period of
time when that employee has exhausted all accrued sick leave and vacation leave.
(2) Extraordinary circumstances shall be defined as lengthy hospitalization,
extended illness, or injury, of the member or the members immediate family.
D. Sick leave for medical appointments is permissible and should be scheduled at
least 48 hours prior to the appointment when possible.
E. No member shall be placed on restricted sick leave unless that member has had a
counseling session, with at least a Watch Lieutenant (Lieutenant rank only).
During that counseling session, the member will be informed of the reasons he or
she is being considered for restricted sick leave. At that time, the member will be
given an opportunity to explain the sick days taken. When a member is placed on
restricted sick leave, the member \vill be notified in writing of that fact. A unit
member placed on restricted sick leave shall be re-evaluated in six months. If not
re-evaluated within ten working days after the six month period the unit member
will be removed from restricted sick leave. No employee shall be subjected to
"house calls" by supervisors or their designees unless they have been placed on
formal restricted sick leave or a documented reason for the visit is produced on
each and every occasion and forwarded up the chain of command.
39
F. At the employee's option, the employee may conve11 excess sick leave time as
defined in accordance with this section to vacation time not to exceed forty (-to)
hours. to be transacted in the first month of the calendar year.
Section 3. Personal Time
A total of forty (40) hours for personal time per year will be allowed. Personal time will
not be accumulated from year to year and \vill not be paid out upon termination of employ'menL
No request for personal leave will be denied without a reasonable justification. Personal time is
to be used in the same manner as vacation.
Section 4. Bereavement Days
Compassionate Leave: In the event of the death of the mother. father. foster parents.
brother. sister. husband. w'ife. son, daughter. grandparents, grandchildren. mother-in-law.
father-in-law, sister-in-law or brother-in-law, grandparents of spouse and any permanent family
member of the household. such employee shall be entitled to paid compassionate leave not to
exceed three (3) consecutive shifts for anyone death. However. if it is necessarv for the
employee to leave the State in connection \vith the internment of the deceased. five (~)
consecutive shifts sha1l be allowed. Employees must verify attendance in writing. in order to be
eligible for this article. The City Manager may grant additional leave under this section. except
that such additional leave shall be debited against the employee's accrued sick or annual leavc
ARTICLE 19
HOLIDAYS
Section 1. Holidays will be as follows:
New Year's Day
Martin Luther King, Jr. Day
President's Day
Memorial Day
Independence Day
Labor Day
Veteran's Day
Thanksgiving Day
Day After Thanksgiving
Christmas Eve
Christmas Day
Section 2. Holiday pay will be at 1.5 times regular pay for all members of the bargaining
unit whether or not the holiday is worked.
Section 3.
Holiday Conversion
A. Under this Section a member may elect not to receive holiday pay as outlined in
Section 2 above, but instead to have the equivalent straight time holiday hours
added as a lump sum to their accrued vacation balance, (i.e. 110 hours for 4/1 0
employees and 88 hours for 5/8 employees and 126.5 hours for 3-4/11.5).
B. Members who sign up for this section must do so between October 1st and
October 31st of each contract year via memo to the Division Commander.
C. Members exercising this option for conversion will be paid only straight time for
the hours worked on the holiday.
41
D. Members exercising this option may use a vacation day instead of working the
holiday. The vacation hours will be paid at straight time.
E. Members not assigned to work on the holidav will receive their normal wcekh
pay.
F. Members leaving serVIce with the Department or City who participated in the
Holiday Conversion plan will owe the City for those holidays for which they \vere
already compensated either through loss of vacation credits or deduction Crom
funds due from the Citv.
Section 4.
The City agrees that bargaining unit members' hours of work and/or work
schedule shall not be altered to avoid the payment of holiday payor hours.
/ ~
~ .0--
Section 1.
ARTICLE 20
FUNERAL EXPENSES
The City will make a payment of $10,000.00 to the beneficiary of
bargaining unit employees considered by law to have expired in the line of duty.
Section 2.
All employees shall, on a form to be supplied by the Chief of Police or his
authorized representative, designate by name and address, the individual to whom such funds are
to be paid.
43
ARTICLE 21
EQUIPMENT MAINTENANCE & SAFETY
The City. as a management responsibility. will maintain vehicles and equipment in a safe
condition and in accordance with law or ordinances.
Bargaining unit members accept the responsibility for checking vehicles prior to use and
for completing City provided forms for any defects which are discovered.
Concerns about unsafe condition will be brought to the attention of tIle immediate
Supervisor who will make a judgment call concerning the need for immediate repair prior to use.
If the Bargaining Unit Member does not agree with the immediate Supervisor he/she may ask
that the next level of supervision review his/her concern, and that Shift Commander \vill be the
final judge on the safety of the equipment and the appropriate action to take at that time.
44
ARTICLE 22
TRAINING
Section 1.
All training required of the officer by the Police Department when off duty
will be compensated at time and one half, except for training or travel activities that are off site
and considered to be seminars, conferences, and special programs where expenses incurred are
paid for by the City.
Section 2.
Weapons Training
The content and course of weapons training will be established by the Chief of Police Each
member will be allowed three opportunities to meet prescribed qualification standards. If the
officer does not qualify in three attempts, they will be required to qualify on their own time and
expense to remain eligible for employment as law enforcement officers.
Section 3.
College Tuition Reimbursement
A. The City will provide for those members who attend colleges and/or universities
an incentive of paid tuition and books based upon the grade received for that
class. The member is to pay for the tuition and books and be reimbursed, at state
college/university rates. Employees who were already in the college tuition
reimbursement program as of April 1, 2005 who are attending private schools are
grandfathered in at private school rates. Reimbursement rate percentages are as
follows:
"A" equals 100% of tuition and books
45
"B" equals 100% of tuition and books
"C" equals 50% of tuition and books
College and/or university programs must be initially approved by the City
Manager and must be a part of a program leading to an acceptable Associates,
Bachelor or Master degree with a curriculum directly related to the Police
profession.
The Chief will make a recommendation to the City Manager who will have final
approval for the courses, degree program and payment.
B. The City shall pay tuition and books reimbursement even if a course is not part of
a program leading to a degree providing that the course is job related and
approved by the City Manager prior to registration of said course.
Section 4.
The City shall provide reimbursement for authorized expenses associated
with training and special schools attended by the officer through approval of the Department.
46
ARTICLE 23
CAREER PATH PROGRAM
Section 1.
The purpose of this program is to establish guidelines for a Career Path
Program for police officers below the rank of Detective/Sergeant.
Section 2.
The Career Path Program is designed to accomplish a three-fold purpose
and is voluntary in nature:
A. Recognize and reYvard the officer through his/her training and educational
achievements.
B. Provide a career development path for Rank of Police Officer.
C. Promote long term dedicated employees by offering incentives, alternatives and
guidelines.
Section 3.
The Police Officer Skill Levels III, II. and I shall be as
follows:
A. Skill Level Three (fIl)
1. Time in grade: new employee to five (5) years continuous service.
B. Skill Le'v'el Two (II)
1. Time in grade: 5 - 10 vears continuous service
")
Education Requirement (job related): 160 hours - Career Incentives or
Training Courses
3 . Average or above average performance evaluation for the past two (.2)
vears.
;; -:
'--j:/
4. Incentive pay increase -2%
C. Skill Level One (I)
1. Time in grade: 10 plus years continuous service
2. Educational Requirement: 400 hours - Career Incentives or Training
Courses.
3. Average or above average performance evaluation for the past two (2)
4.
years.
Incentive pay increase - 3%
A Police Officer will need to declare the Career Path Program; being
Section 4.
either career path or career incentive (however, if max out on career incentive, can use/pursue
career path). No college degree courses will be accepted when pursuing a college degree path.
Education must be job related, and courses/training taken for credit must be on officer's own
time (not City time).
Section 5.
If a police officer who has received career path pay increases pursuant to
this program and is promoted, they are no longer eligible to receive career path pay increases,
nor will career path pay increases received under this program be considered in establishing their
new rate of pay.
Section 6.
The Pmiies agree that the current Career Path Program shall be continued
during the term of this Agreement and restricted to members currently participating in the
program prior to October 1,2007.
48
ARTICLE 24
PERSONNEL RECORDS
Section 1.
Consistent with State Lnv. the City agrees that upon request. a member
shall have the right to inspect his or her own personnel records \vhenever or hov,:ever kept. rhe
member shall have the right to make duplicate copies of his or her own records at no expense.
No record shall be hidden from a member's inspection and members shall have the right to a]](\\\
anyone of his or her choosing to inspect the personnel records with written authorization.
Members shall have the right to inspect any and all records used to evaluate, promote or in any
other manner. classify or direct an employee.
Section 2.
A personnel file for all City employees is maintained by the City J-lLul1an
Resource Department.
Section 3.
Internal affairs investigatory files will be maintained in accordance \vith
Fl. State Statutes.
49
ARTICLE 25
LEGAL ACTION
Section 1.
In accordance with Florida Statutes, the City will provide legal defense for
a member against any civil damage suits wherein said member is a named party and wherein the
alleged damages were allegedly caused by the actions of said member while acting within the
scope of his/her authority and within the course of his employment.
Section 2. The City will indemnify all members against judgments for compensatory
damages entered against them as a result of their actions to the extent that the City is found liable
for such actions.
Section 3.
The City will select the Attorney who is to defend the employee relative to
this Aliicle.
Section 4.
The employee will be responsible for filing any counterclaims at his/her
expense.
50
ARTICLE 26
DISCIPLINE
Section 1.
The Parties recognize that the intcrests of the community and job security
of the bargaining unit members depends upon the City's success in providing proper and
efficient services to the community. To this end. the City and the PBA encourage to the fullest
degree, behavior which is positive and supportive of the goals of effective municipal
management and public safety. The Parties recognize the need for progressive and appropriate
discipline when an employee's conduct andjob performance are inconsistent with said goals.
Section 2.
No bargaining unit member shall be disciplined except for caLise.
Progressive, consistent, and appropriate discipline will be administered according to the
seriousness of the offense. The following disciplinary actiuns shall be utilized and, depending on
the severity of the offense. the first action may be at any appropriate level including dismissal.
A. Written Reprimand
B. Suspension Without Pay
C. Demotion
D. Dismissal
Section 3. Any bargaining unit member who has been promoted consistent with and
pursuant to Article 7 herein who, thereafter. is demoted shall be returned to the position and shift
he or she occupied immediately prior to the promotion or to a position and shift consistent \vith
his or her seniority as a sworn officer with the Police Department. whichever is more favorable
': l
for the member. Personnel re-entering the bargaining unit as provided above shall be placed in
their respective Step Pay Plan based upon their completed years of sworn service with the City of
Boynton Beach Police Department at the time of demotion.
Section 4.
No bargaining unit member shall be subject to demotion, termination, or a
suspension without pay of more than two (2) days without first being afforded the right to a pre-
determination conference with the City Manager.
52
ARTICLE 27
GRIEVANCE AND ARBITRATION PROCEDURE
Section I.
l\ grievance. as used in this Agreement. is limited to a complaint or
request of a bargaining unit member or the PBA which involves the interpretation or application
of or compliance with, the provisions of this Agreement.
Section 2.
Grievances concerning working conditions not specifically covered by the
terms and provisions of this Agreement shall be subject to the grievance procedure up to. but not
including, arbitration.
Section 3.
In the event a gnevance should anse as to the interpretation or thc
application of the terms of the Agreement or depal1mental regulations, the said dispute or
~rievance shall be dealt with in the following manner. Any grievance not answered by the ( ity
within the lime limits provided below \vill automatical1y advance to the next higher step of the
grievance procedure.
STEP 1
The aggrieved employee or an Association representative shall present the grievance or
dispute in \\Titing. setting forth the facts with particulars and the remcdy sought. \\ ithin
ten (10) working days (Monday' through Friday) of its occurrence or knowledge thereof.
to the Chief of Police. The Chief of Police shall reply in writing within ten (10) working
days (Monday through Friday) of receipt of the grievance or dispute. If the Chief of
Police shall fail to respond in writing, the grievance is presumed to be denied and the
employee or an Association representative may move to the next step.
STEP 2
If the Chief of Police replies and the aggrieved party or the PBA is dissatisfied, then the
grievance may be submitted to the City Manager within ten (10) working days (Monday
through Friday) of receipt of the Chief of Police's reply or when a reply was due, if none
is submitted. The City Manager shall reply within ten (10) working days (Monday
through Friday) of receipt of the grievance or dispute. If the City Manager shall fail to
reply in writing, the grievance is presumed to be denied and the employee or an
Association representative may move to the next step.
STEP 3
If tl1e grievance has not been settled by Steps 1 and 2, the PBA or the City may refer it to
arbitration within fifteen (15) working days (Monday through Friday) of receipt of the
City Manager's reply or when a reply was due, if none is submitted. The PBA or the City
will submit the matter to the Federal Mediation & Conciliation Service (FMCS) or the
American Arbitration Association (AAA) for a list of nine (9) arbitrators from which one
(1) shall be selected.
The arbitrator's decision shall be in writing with a statement of findings and reasons. The
decision of the arbitrator shall be final and binding on the Parties; provided that the
54
arbitrator shall have no po\ver to modify, amend. or alter this Agreement. The expense u!"
the arbitrator shall be borne by the Parties.
Section 4.
By agreement of both Parties. a meeting \vill be held at any step of the
grievance procedure.
Section 5.
Expedited Arbitration
All discharge grievances, and any other grievances mutually agreed upon in writing for
expedited processing, shall be arbitrated on an expedited basis. To accomplish this goal. the City
and the PBA agree upon the following procedure for expedited cases.
(1) The selection of an arbitrator must be completed \vithin fifteen (15) working days of
receipt of an arbitrators panel provided by the FMCS. Failure to strike the arbitrators
panel and select an arbitrator within fifteen (15) working days will result in the untimdy
Party's acceptance of the timely PaJ1)"S selection of any arbitrator ii'om the FMCS or
AAA list provided.
(2) After an arbitrator has been selected, the arbitration hearing shall be held no later
than thirty (30) days thereafter. unless the arbitrator is unavailable within this thirty (~C))
day period.
(3) Briefs, ifany, must be filed with the arbitrator no later than thirty (30) days after the
close of the Hearing or after receipt of the transcript if a transcript is requested. lh
mutual agreement of the Parties, the transcript may be submitted to the arbitrator in lieu
of briefs.
(4) The arbitrator shall render an Award within thirty (30) days of receipt of the briefs, if
any, or of the transcript if the Parties have agreed to submit the transcript in lieu of briefs.
Section 6. The PBA and the City shall each bear its own expense in the arbitration
proceedings, except that both Parties shall share equally the fee and other expenses of the
arbitrator.
Section 7.
A probationary employee may not gneve any matter concernmg
assignment, or discharge for reasons of failure to meet performance standards.
Section 8.
Settlement of grievances prior to the issuance of an arbitration award shall
not constitute a precedent nor shall it constitute an admission that the Agreement has been
vio-lated.
Section 9.
Whenever a grievance is general in nature, in that it applies to two (2) or
more bargaining unit members, or if the grievance is directly between the PBA and the City, the
grievance may be presented in writing directly at Step 2 of the Grievance Procedure within
fifteen (15) working days of the occurrence or knowledge of the occurrence or matter giving rise
to the grievance. The grievance shall be signed by the aggrieved bargaining unit members or a
PBA representative on behalf of all aggrieved PBA members.
56
ARTICLE 28
RIGHTS OF BARGAINING UNIT MEMBERS UNDER INVESTIGATION
The City of Boynton Beach agrees that in the investigation of all bargaining unll
members all rights articulated in Florida Statutes. Section 112.532 and Section 112.533 (as
amended from time to time) will be observed and practiced. The PBA may post a copy of
Sections 112.532 and 112.533, Florida Statutes on the bulletin boards referenced in Article 6.
" "
ARTICLE 29
PAST PRACTICES
All employment practices listed below shall remain in effect:
A. Locker room shower, gym
B. Shoes every six (6) months.
C Provide weapons, equipment, gear appropriate to assignment.
D. Bullet proof vests.
E. Jackets, raincoat, boots.
F. Desk space, office supplies.
G. Approved and required travel expenses.
H. Use of City vehicles for court when available.
1. Three (3) complete uniforms per year, as needed.
58
ARTICLE 30
PERSONAL VEHICLES
Section I.
When an employee is required to use his/her personal vehicle in the
performance of police duties. said employee shall be reimbursed a mileage rate as established b)
City resolution, excluding mileage traveled to and hom the normal work location.
Section 2.
For the purpose of this Article, the performance of police duties shall
include attendance at court, depositions, administrative hearings, conferences with City officials.
schools and seminars.
c
ARTICLE 31
DEP ARTMENT AL POLICIES, RULES AND REGULATIONS
Section 1.
It is agreed and understood that the Police Department currently has
policies, rules and regulations governing employment. The formulation, amendment, revision
and implementation of any rule shall not be arbitrary or capricious. In the event of a conflict
between the rules and specified provisions of this Agreement, the Agreement shall control.
Section 2.
In the event the City intends to amend or revise an existing rule or intends
to implement any new rule, it shall give notice to the Union as required by law and this
Agreement.
60
ARTICLE 32
POSTING
Vacancies in positions or assignments will be posted in-house no less than (30) thirty
days before the application deadline for the position or assignment. Anyone applying for a
posted position must meet the qualifications on the final day of posting: for example. while the
applicant may not be eligible at the time his/her application is submitted, if the applicant will
satisfy all of the qualifications by the final day of posting. the application shall be accepted and
considered.
1
ARTICLE 33
COMPLETE AGREEMENT AND WAIVER CLAUSE
Section 1.
This Agreement is the complete Agreement between the parties, cancels
all prior practices and agreements, and, except as expressly provided for herein, relieves the
parties of the obligation to bargain on any subject during the term of this Agreement.
Section 2.
There is no past practice which results in a monetary benefit except as set
fOlih expressly in this Agreement. All bargaining unit members are covered under the terms of
this Agreement and the City's Personnel Police Manual and not under any Civil Service
Rule/Regulation and heretofore in existence.
62
ARTICLE 34
SEVERABILITY
Section 1.
If any provision of this Agreement is found to be invalid bv any courts
having jurisdiction in respect thereof, such findings shall not affect the remainder of this
Agreement, and all other terms and provisions shall continue in full force and effect.
Section 2.
In the event of such finding the Parties will meet within thirty (30) days to
begin negotiations of a replacement Article or Section.
ARTICLE 35
DURATION
This Agreement shall take effect when ratified by the members of the collective
bargaining unit and the City Commission, and shall remain in effect until September 30, 2010 or
the date upon which a successor Agreement is ratified, whichever is later. In the event a
successor Agreement is not ratified by October 1, 2010, all of the provisions of this Agreement
shall remain in full force and effect during the time intervening, including the periods during
which the Patiies are negotiating a successor Agreement and/or are engaged in impasse
proceedings. Wage adjustments, including base wage, performance base pay, reduction and/or
loss of assiglIDlent pay, are all retroactive to October 1,2007.
64
ARTICLE 36
TAKE HOME VEHICLES
Section 1.
The City agrees to continue the take home vehicle program during the
term of this Agreement and to purchase as reasonably possible the number of vehicles sufficient
to supply eligible Uniform Services Division members with marked take home cars.
Section 2.
A Member is eligible J'()r a take home vehicle if the Member has three (~)
years of svmrn service with the department and resides \vithin 20 miles of the City limits.
Section 3.
Vehicles will be assigned on the basis of seniority (by 10 number). with
seniority bumping rights for Members transferred to patroL
Section 4.
Assigned vehicles arc 11m for personal use but for work only.
Section 5.
A member who lives beyond the 20 mile radius described in paragraph 2
above will be assigned a specific vehicle tl-om the pool but may not take his/her car home.
tee
ARTICLE 37
LONGEVITY PAY
Section 1.
In order to provide benefit incentives to long-term employees, glvmg
recognition for continuous and meritorious service, longevity benefits are available as outlined
below. Employees eligible are those who:
a) have been employed with the City on a regular full-time and continuous basis for a
minimum of five (S) years, and
b) have an overall "Meets Standards" or above rating on the prevIOus employee
evaluation.
Employees will receive a cash Lump Sum Bonus as follows:
On the employee's fifth (Sth) anniversary a lump sum payment of$SOO.OO.
On the employee's tenth (loth) anniversary a lump sum payment of$l,OOO.OO
On the employee's fifteenth (lSth) anniversary a lump sum payment of$l,SOO.OO
On the employee's twentieth (20th) anniversary a lump sum payment of $2,000.00
On the employees twenty-fifth (2Sth) anniversary a lump sum payment of$2S00.00
This 25th anniversary payment will be added in this year of the contract so as a one time
agreement that if any employee who has surpassed their 25th tear of service and is not
enrolled in the DROP plan will receive this payment on October 1, 2007. All other
employees will receive this payment upon their actual anniversary date.
Section 2.
Any pay earned for Longevity Benefits is subject to required federal
deductions.
66
Section 3.
Benefits shall not be paid beyond termination payouts. Employees wl10
terminate from City employment prior to their anniversary date \vill not be entitled to Section
beneiits. Employees in the DROP plan are not eligible for longevity pay.
"'
I
ARTICLE 38
ESTABLISHMENT OF DETECTIVE 1st GRADE'S RANK
Effective October 1, 2007 the rank of Detective 1 st Grade shall be established, and positions
shall be filled in accordance with this Article. To be eligible for the rank of Detective 1 st
Grade a bargaining unit member must be a current officer with the Boynton Beach Police
Department and at the time of testing must have served a minimum of 2 consecutive years
with BBPD. The testing process will be determined by the Chief of Police and will be
consistent with the SG T' sand L T' s promotional processes at the time. There will be a
minimum of nine (9) Detective 1 sl Grade positions to be filled as they are made available
through natural attrition. This will happen as follows; current Investigators leave their
position voluntarily, are transferred, get promoted to Sgt, retire, terminate employment, etc,
but shall not be forced out to make a vacancy for a promotion of someone to Detective 1 st
Grade. Once a vacancy occurs, the City shall promote someone off the current Detective 1 st
Grade's promotional list. This procedure shall be followed for the first nine (9) vacancies
prior to making any new Investigators. The Detective Division shall consist of nine (9)
Detective 1 st Grades', the remainder to be Investigators. The number of Detective 1 st Grades
will be a minimum of nine (9) but may be increased at the discretion of the Chief of Police.
A promotional list shall be established by the Chief of Police, consistent with other
promotional lists, and shall be available no later than June 1,2010. The list will be active
68
until the next list is established: therefore. a constant pool of eligible candidates shall l'\:ist.
The Chief of Police shall use the rule of five (5) for this promotional process. Should
someone currently occupy the position of Investigator and be on the current promotional list
for Detective 1 sl Grade. he or she shall not be required to vacate their position Iu be
promoted. Cpon promotion to the rank of JJetecti've I SI Grade. the subject bargaining unit
member shall be placed in the Step Pay Plan for Detective I sl Grade as provided in Article
12. On October 1 2007 the only member of the Boynton Beach Police Department to hold
the rank of Detective 1 ,1 Grade will be Toby AthoL 1\0 other members 'will be eligible for
the pay grade until which time they are promoted via the promotional process descn bed
above.
Agreed to this _ day of
, by and between the respective Parties
through the authorized representatives of the PBA and the City.
PALM BEACH COUNTY
POLICE BENEVOLENT ASSOCIATION
By:
John Kazanjian, President
Witness
By:
Gary Lippman, General Counsel
Witness
CITY OF BOYNTON BEACH
By:
Mayor - Jerry Taylor
Witness
ATTEST:
Witness
APPROVED AS TO FORM
AND CORRECTNESS:
Janet M. Prainito, CMC
City Clerk
City Attorney
City Manager
Ratified by City Commission
Ratified by Union
Date
Date
70
APPENDIX A
Example I: Officer "G" was hired on 11-06-89 and will have completed 17 .years of
service as of 10-1-07. He \vill receive an adjustment to 66.800.00. On April 1'1 2008 he
will go to 67.802.00 as he will have completed 18 years of service. (once the ma\: or ten
years complete service is reached the oUicer will proceed along the last line of the scale
as he/she will be maxed out for years of service) 10- I -08 he will go to 69,836.06. 4-1-09
he will go to 71.937.14, 10-1-09 he will go to 74.089.08. and 4-1-2010 he will go t()
75,570.86. ( this is assuming his pay per performance evaluations are satisfactor:-- or
better )
Example 2: Officer ..t" was hired on 6-] 9-2000 and will completed 7 years of service as
of 1O-1-()7. He will receive an adjustment to 60200.00. On April 1st 2008 he will go to
61.103.00 as he will still have 7 years of completed service. On 10-1-08 he \vill go to
65,236.08,4-1-09 he will go to 67.193.]6. 1O-1-()9 he \vill go to 71.649.02 and 4-1-2(110
he will go to 73.082.00. (this is assuming his pay per performance evaluations :lrL'
satisfactory or better)
Example 3: This example will take an officer who \vas hired at some other rate and i~lj]S
into the scale currently above the adjustment. There will be no pay cuts so they \viJl be
handled as follows. The employee will be placed into the next highest step to afford that
employee a raise and they will remain in at that level/yea~'s of service throughout the pay
plan/contract. This \vill occur in this example of Officer "H" who \vas hired on 8-.23-04.
His current years of service will be adjusted to the nearest higher step and make his
adjustment to 55.800.00 on 10-] -07. He will continue through the plan with the
following raises. 0114-1-08 he will go to 56.637.00.10-1-08 he will go to 60.636.lO. on
4-1-09 hc \vill go to 62.455.]8. ]0-]-09 he wi]] go to 66,768.90, and 4-1-2010 he will go
to 68.] 04.28. (this is assuming his pay per performance evaluations are satisfactory or
better )
Example 4. If Officer "J"" was promoted on 6-1-08, his rate of pay would be 54.404.00
as he would be a patrolman with 4 years of complete service as of 6-1-08. He vvould
receive a 10% increase to his base, making it 59,844.40. This would place him still
below the starting SGT's salary of 67.497.50 as of 4-1-08. 1-1e would then be placed into
the SG T' s pay scale as a starting SGT as of 6-] -08 and that would be his date 0 f hi re or
entry for calculations through his progression through the SGT's pay scale. He \\ould
then proceed through the SGT's scale as follows. 10-1-08 = 68.84745 4-1-()l)
70.224.40. ]0-]-09 = 74.721.78. and 4-]-2010 = 76.2]6.21.
Example 5. In turn if Officer "D" gets promoted on 2-1-08 his current rate of pay at
that moment would be 66,800.00 as an officer. A 10% increase to his base would bring
his base to 73,480.00, placing him between the two pay rates in the SGT's scale of
72,242.86 & 75,114.29. He would therefore be placed at the higher of the two, 75,114.29
upon promotion and enter the SGT's scale in STEP 3 on 2-1-08. The date of 2-1-08
would then be "D's" date of hire/entry into the SGT's scale and he would proceed
through the contract as follows. On 4-1-08 = 76,241.00, 10-1-08 = 77,765.82, 4-1-09 =
82,353.39,10-1-09 = 84,000.46. 4-1-2010 = 88,835.22
Example 6 for new hire: If a new employee were to be hired on Dec 1st of 2008 they
would proceed as follows. Their starting rate of pay would be 43,836.16. On 4-1-09 that
employee would not receive a performance raise as they would not have a yearly
evaluation completed and their rate of pay would remain the same. On 10-1-09 that
employee would receive the COLA raise and go to 49,688.48. On that employees one
year anniversary (12-1-09) if they pass probation they would become a one year
employee. Being this is their first year of employment and they missed their first April
1 st raise they will, on their "actual" 1 sl anniversary date go to the 4-1-2010 performance
rate of 53,171.11 and remain there until the next COLA raise in Oct 1 2010 should the
plan continue into the next contract. This will enable that employee to remain ahead of
new hires and to also get credit for the performance raise they were passed up the first
April 1 st they passed prior to having one full year of service.
Example 7 for new hire: If a new employee were to be hired on July 1 st 2008 they would
proceed as follows. Their starting rate of pay would be 45,472.00. On 10-1-08 they
would receive the COLA raise as all employees will and go to 46,836.16. They will
remain at this rate of pay until they reach their "actual" anniversary date of 7 -1-09. Upon
successful completion of probation this employee will then, on 7-1-09 be brought up to
where they would have been on 4-1-09 had they had a year complete by then, thus
becoming their performance raise. This would bring that employee to 50,610.53 and they
will proceed though the plan from there. Thus on 10-1-09 they will go to 52,128.54 and
on 4-1-2010 they will go to 53,171.11.
72
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORc,--.
VI.-CONSENT AGENDA
ITEM C.3
Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned
Meeting Dates in to City Clerk's Office Meeting Dates in to Citv Clerk's Office
0 August 21. 2007 August 6, 2007 (Noon.) ~ October 16. 2007 October I, 2007 (Noon
0 September 4. 2007 August 20. 2007 (Noon) 0 November 7. 2007 October 15.2007 (Noon)
0 September 18. 2007 September 3,2007 (Noon) 0 November 20, 2007 November 5, 2007 (Noon)
0 October 2, 2007 September 17. 2007 (Noon) 0 December 4. 2007 November 19,2007 (Noon)
0 Anno uncem ents/Presentati ons 0 City Manager's Report
NA TURE OF 0 Administrative 0 New Business
AGENDA ITEM ~ Consent Agenda 0 Legal
0 Code Compliance & Legal Settlements 0 Unfmished Business
0 Public Hearing 0
RECOMMENDATION: Approval of the Collective Bargaining Agreements with Palm Beach
County Police Benevolent Association for Police Sergeants.
EXPLANA TION: The collective bargaining agreement with the police sergeants expired on
September 30,2007. A new agreement with the bargaining unit has been negotiated and if approved
will remain in effect until September 30,2010.
PROGRAM IMPACT: Collective bargaining agreements provide for compensation and conditions of
employment for sworn police department employees holding the rank of lieutenant, sergeant, officer or
detective.
FISCAL IMPACT: Expenditures for salary and benefits provided for in the collective bargaining
agreements are provided for in the departmental budget. All contracts include a wage-reopener
provision in the event of funding cuts occasioned by state legislative activity.
ALTERNATIVES:
None.
,.....7
.' /7
r. ~ 6/
J~" /"'t . ~ _ Ii:?
Q.. 'I.j~
Ci ),'Manager's Signature
Assistant to Citv Manager ~
6fJL 0 \C = ,~"
~ City Attorney '! Finance
epartment Head's Signature
Department Name
S\13ULLETlN\FORMSIAGENDA ITEM REQUEST FORM. DOC
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RESOLUTION R07-
A RESOLUTION OF THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA,
RATIFYING THE AGREEMENT BETWEEN THE
CITY OF BOYNTON BEACH, FLORIDA AND THE
PALM BEACH COUNTY POLICE BENEVOLENT
ASSOCIATION - SERGEANTS FOR THE PERIOD
OF OCTOBER 1, 2007 THROUGH SEPTEMBER 30,
2010, AND AUTHORIZING AND DIRECTING THE
MAYOR AND CITY CLERK TO EXECUTE THE
AGREEMENT; AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS, the City of Boynton Beach and the Palm Beach County Police
16
Benevolent Association (PBA) - Sergeants have successfully concluded negotiations for a
17
three (3) year contract; and
18
WHEREAS, the Agreement was ratified by the Bargaining Unit of the Union;
19
and
WHEREAS, the City Commission of the City of Boynton Beach deems it to be in
the best interests of the residents and citizens of the City to ratify the Agreement and
execute the same; and
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION
OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1.
The foregoing "WHEREAS" clauses are true and correct and hereby
ratified and confirmed by the City Commission.
Section 2.
The City Commission of the City of Boynton Beach, Florida does
30 hereby ratify the Agreement between the City of Boynton Beach and the Palm Beach
31 County Police Benevolent Association (PBA) - Sergeants for the period of October 1,
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2007 through September 30, 201 0, and authorizing and directing the Mayor and City Clerk
2 to execute the Agreement, a copy of said agreement being attached hereto as Exhibit "An
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Section 3.
This Resolution will become effective immediately upon passage.
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PASSED AND ADOPTED this _ day of October, 2007.
CITY OF BOYNTON BEACH, FLORIDA
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Mayor - Jerry Taylor
Vice Mayor - Jose Rodriguez
Commissioner - Ronald Weiland
Commissioner - Mack McCray
Commissioner - Cm:l McKoy
ATTEST:
Janet M. Prainito, CMC
City Clerk
(Corporate Seal)
S:\CA,RESO.Agreements\CBA Ratificatlons\PBA - Sgts 2007 - 20l0.doc
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AGREEMENT
BETWEEN
CITY OF BOYNTON BEACH, FLORIDA
AND
PALM B~ACH COUNTY POLICE BENEVOLENT ASSOCIATION
POLICE SERGEANTS
OCTOBER 1, 2007 - SEPTEMBER 30, 2010
Article
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T ABLE OF CONTENTS
Preamble.................................... .
Recognition................................. .
No Strike or Lock-Out....... ................
Non Discrimination...........................
Dues Deduction...............................
PBA Representation.....................
Bulletin Boards..................... .........
Reproduction .........................
Rights of Bargaining Unit Members
Under Investigation........................
Management Rights...........................
Discipline and Discharge...................
Rate of Pay....... ...........................
Worker's Compensation and Duty Disability
Call Back Pay...............................,
Stand By Pay.................................
Court Appearances............................
Bereavement Leave............................
Sick Leave.................. .................
Vacation.................................... .
Holidays..,................................ ..
Funeral Expenses.............................
Medical Expenses.............................
Uniforms.................................... .
Persom1el Records............................
Hours of Work and Overtime............
Shift Selection..............................
Seniority................................ ....
Transfers and Shift Changes..............
Group Insurance..............................
Training and Tuition Reimbursement......
Departmental Policies, Rules &
Regulations. . . . . . . . . . . . . . . . . . . . ..
Special Details......... ..... ................
Grievance and Arbitration Procedures................. ........
Pafle
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Past Practices...............................
Entire Agreement......... ................ ....
Personal Vehicles.................... ........
Qualifications For a Bargaining Unit Position.......
Temporary Assignment... ..................
Savings Clause...............................
Chemical Testing.............................
Duration of Agreement.... . . . . . . . . . . ...
Take Home Vehic1es..................
Longevi ty. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Signatures..................... . . ..............
Appendix "A"..............................
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PREAMBLE
This Agreement is entered into by the City of Boynton Beach, Florida, hereinafter referred to as
the "City" and Palm Beach County Police Benevolent Association, located in West Palm Beach, Florida,
hereinafter referred to as the "PBA", for the purpose of setting forth the Parties' Agreements regarding
rights, wages, hours, terms, and conditions of employment, and benefits.
1
ARTICLE 1
RECOGNITION
Section 1.
The City of Boynton Beach hereby recognizes the PBA as the exclusive collective
bargaining agent with respect to wages, hours and other terms and conditions of employment for all
employees in the bargaining unit. The term "member" or "employee" will mean any member of the
bargaining unit.
Section 2.
The bargaining unit for which this recognition is accorded is as defined in the
certification granted by the Public Employees Relations Commission dated September 16, 2002, and
comprises all full-time police sergeants with the City of Boynton Beach. Excluded are all other
employees ofthe City.
Section 3.
The City agrees that all correspondence, communication, or notice required by
law or otherwise pertaining to bargaining unit members' wages, hours, and terms and conditions of
employment shall be directed to:
John Kazanjian, President
Palm Beach County Police Benevolent Association, Inc.
2100 N. Florida Mango Road
West Palm Beach, Florida 33409
Attention: General Counsel
2
ARTICLE 2
NO STRIKE OR LOCK-OUT
Section 1.
"Strike" means the concerted failure to report for duty, the concerted absence of
Sergeants from their positions, the concerted stoppage of work, the concerted submission of
resignations, the concerted abstinence in whole or in part by any group of Sergeants from the full and
faithful perfoID1ance of their duties of employment with the City, participation in a deliberate and
concerted course of conduct which adversely affects the services of the City, picketing or demonstrating
in furtherance of a work stoppage, either during the term of or after the expiration of a collective
bargaining agreement.
Section 2.
Neither the Union, nor any of its officers, agents and members, nor any employee
organization members, covered by this Agreement, will instigate, promote, sponsor, engage in, or
condone any strike, sympathy strike, slowdown, sick-out, concerted stoppage of work, illegal picketing,
or any other interruption of the operations of the City.
Section 3.
Each Sergeant who holds a position with the City occupies a position of special
trust and responsibility in maintaining and bring about compliance with this Article and the strike
prohibition in Florida Statutes 447.505 and the Constitution of the State of Florida, Article 1, Section 6.
Accordingly, the Union, its officers, stewards and other representatives agree that it is their continuing
obligation and responsibility to maintain compliance with this Article and the law, including their
responsibility to abide by the provisions of this Article and the law by remaining at work during any
interruption which may be initiated by others; and their responsibility, in event of breach of this Article
or the law by other employees and upon the request of the City, to encourage and direct employees
violating this Article or the law to return to work, and to disavow the strike publicly.
3
Section 4.
Any or all Sergeants who violate any provisions of the law prohibiting strikes or
of this Article may be dismissed or otherwise disciplined by the City.
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ARTICLE 3
NON-DISCRIMINATION
The City will not interfere with the rights of sergeants to become members of the PBA, and there
shall be no discrimination, interference, restraint or coercion by the City, or any City representative,
against any sergeant because of membership or because of any activity in any official capacity on behalf
of the PBA. The PBA shall not discriminate against any bargaining unit member who fails to join the
PBA, as provided by law.
The City and the PBA oppose discriminatory behavior of any nature. The City and the PBA
shall work jointly to eradicate discriminatory conduct in the work place. To that end, the City and the
PBA agree that bargaining unit members have an affirmative duty to act against discriminatory behavior
when it occurs in their presence or comes to their attention. Discriminatory conduct by an employee can
result in disciplinary action up to and including termination. Discriminatory conduct means any
communication, verbal or non-verbal, which is unwelcome, objectionable, or not acceptable, desired, or
solicited and relates to race, sex, color, religion, national origin, handicap, familial status, sexual
orientation, age, or marital status.
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ARTICLE 4
DUES DEDUCTION
Upon reciept of notice from the PBA and approved by the City which has been voluntarily
executed by a City employee who is a member of the bargaining unit, the City will deduct from the pay
due to the employee, those dues and uniform assessments required to retain PBA membership as
certified by the PBA. The total amount of deductions shall be remitted each month by the City to the
Treasurer of the PBA. This authorization shall remain in full force and effect during the term of this
agreement or for thirty(30) days after notification of the revocation of the authorization to deduct by the
employee.
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ARTICLE 5
PBA REPRESENTATION
Section 1.
Neither Party in negotiations shall have any control over the selection of the
negotiating or bargaining representatives of the other Party.
Section 2.
The City shall recognize elected PBA representatives for the purposes of
bargaining and any bargaining team members shall be pennitted to attend bargaining sessions which
may occur during their regular tours of duty without any loss of pay. The City shall not be required to
provide overtime to any employee attending negotiations.
The Union representative must be a member of the bargaining unit.
Section 3.
When acting in their capacity as PBA representatives within the Department and
not on behalf of themselves, employees shall not be obligated to observe the Departmental chain of
command. A representative may not refer an issue outside of the department without first presenting it
to a senior staff officer. This shall not relieve employees from observing the Departmental chain of
command except for receiving approval of release time with regard to their duty-related activities,
notwithstanding their position as a PBA Representative.
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ARTICLE 6
BULLETIN BOARDS
Section 1. The PBA shall be provided with the use of a Sergeant's PBA bulletin board space
at one (1) location in the police building.
Section 2. The PBA agrees that it shall use the space on the bulletin boards only for the
purposes of posting notices of PBA meetings; notices and results of PBA elections; reports of PBA
committees; rulings or policies of the PBA; recreational and social affairs of the PBA, and notices by
public bodies.
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ARTICLE 7
REPRODUCTION
The City will post the Agreement on the City's shared drive.
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ARTICLE 8
RIGHTS OF BARGAINING UNIT MEMBERS UNDER INVESTIGATION
The City of Boynton Beach agrees that in the investigation of all bargaining unit members all
rights articulated in Florida Statutes, Section 112.532 and Section 112.533 (as amended from time to
time) will be observed and practiced. The PBA may post a copy of Sections 112.532 and 112.533,
Florida Statutes on the bulletin boards referenced in Article 6.
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ARTICLE 9
MANAGEMENT RIGHTS
Section 1.
The PBA recognizes that except as provided in this Agreement and by law the
City has the exclusive right to manage and direct the Police Department. Accordingly, but not by way
oflimitation, the City retains the exclusive right to:
A. To establish procedures to hire, promote, and layoff employees.
B. Discharge and suspend employees for cause.
C. Transfer employees from one location to another, one shift to another, or one starting
time to another.
D. Establish and change the starting and quitting times and the number of hours and shifts to
be worked.
E. Assign and reassign employees.
F. Schedule and change the work to be perforn1ed by employees.
G. Forn1Ulate, implement and change Departmental policy, rules, regulations, and directives
which are not in conflict with the specific provisions of this Agreement or the law.
H. Introduce new services, procedures, materials, facilities and equipment.
1. To require employees to submit to physical, medical, and psychological testing to
determine fitness for duty. No bargaining unit member shall be ordered to submit to
physical, medical or psychological testing to determine fitness for duty without such
testing being approved by the Police Chief and the City Manager.
J. Determine and change the equipment and materials provided to or not provided to
employees.
K. Add to or change the qualifications necessary for any job classification.
L. Create, alter or disband any Departmental unit or transfer members based upon the needs
of the Department as determined by the Chief.
M. The City is a Drug Free Workplace and has established a Drug Free Workplace Policy.
The City supports random drug testing for all bargaining unit members. The City
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reserves to itself the power to order employees to submit to reasonable SuspICIOn or
random drug testing, subject to compliance with the testing/sample handling procedures
as set forth in Florida Statute and the Florida Administrative Code, as referenced in the
City's Drug Free Workplace Policy. The City agrees to use State certified laboratories
for all drug testing.
If the City fails to exercise anyone or more of the above functions from time to time, it shall not
be deemed a waiver of the City's right to exercise any or all of such functions. Any right or privilege of
the City not specifically relinquished by the City in this Agreement or limited by law shall remain with
the City.
Section 2.
In the event of any change over which the City may have an obligation to bargain
concerning an impact of the change, the change may be implemented after said impact bargaining.
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ARTICLE 10
DISCPLINE
Section 1.
The Parties recognize that the interests of the community and job security of the
bargaining unit members depends upon the City's success in providing proper and efficient services to
the community. To this end, the City and the PBA encourage to the fullest degree, behavior which is
positive and supportive of the goals of effective municipal management and public safety. The Parties
recognize the need for progressive and appropriate discipline when an employee's conduct and job
perforn1ance are inconsistent with said goals.
Section 2.
No bargaining unit member shall be disciplined except for cause. Progressive,
consistent, and appropriate discipline will be administered according to the seriousness of the offense.
The following disciplinary actions shall be utilized and, depending on the severity of the offense, the
first action may be at any appropriate level including dismissal.
A. W ri Hen Reprimand
B. Suspension Without Pay
C. Demotion
I). I)ismissal
Section 3. Any bargaining unit member who has been promoted who, thereafter, is demoted
shall be returned to the position and shift he or she occupied immediately prior to the promotion or to a
position and shift consistent with his or her seniority as a sworn officer with the Police Department,
whichever is more favorable for the member. Personnel re-entering the bargaining unit as provided
above shall be placed in their respective Step Pay Plan based upon their completed years of sworn
service with the City of Boynton Beach Police Department at the time of demotion.
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Section 4.
No bargaining unit member shall be subject to demotion, termination, or a
suspension without pay of more than two (2) days without first being afforded the right to a pre-
determination conference with the City Manager.
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ARTICLE 11
RATE OF PAY
Section 1.
$66,500.00 . $66,500.00 $67,497.50 I $68,847.45 i $70,224.40 $71,628.89 I $73,061.46
$72,242.86 $72,242.86 $73,326.50 $74,793.03 $76,288.89 $77,814.67 $79,370.96 !
$75,114.29 $75.114.29 $76,241.00 $77,765.82 $79,321.14 $80,907.56 ! $82.525.72
$77,985.72 I $77,985.72 $79,155.51 $80,738.62 $82,353.39 I S84,000.46 ! $85.680.47 .
$80,857.15 $80,857.15 $82,070.01 $83,711.41 $85,385.64 i $87.093.35 $88,835.22
$83,728.58 , $83,728.58 $84,984.51 $86.684.20 : $88,417.88 $90.186.24 $91.989.97 i
$86,600.01 $86,600.01 $87,899.01 $89.656.99 . $91,450.13 $93.279.13 I $95.144.72 I
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Section 2. The pay plan will be implemented as follows starting on Oct 1 2007. Each SGT's
base wage will be adjusted according to the column labeled adjustment. The "step" they fall into will be
determined by how many years in rank they have completed as of Oct 1 2007. Thus if a SGT has
completed 3 years in rank as a SGT he/she will be adjusted to STEP 3 starting pay and continue through
the plan using their date or promotion as opposed to date of hire to determine when a year has been
completed. The pay plan is based on COLA raises on Oct 151 2008 & 2009, as well as a pay-per-
performance raises on April 151 2008,2009,2010. Should a SGT be already making a base wage above
that step they fall into they will proceed to the first step that affords them a raise to their base wage and
proceed though the scale from there. Therefore SGT promoted 10-20-03 would be raised to STEP 5 and
proceed through the plan as a 5 yr SGT from Oct 1 2007 on. This will occur for SGT's promoted 10-20-
03 (adjusted to step 5), SGT promoted 5-3-04 (adjusted to step 5), SGT promoted 1-17-06 (adjusted to
step 5), SGT promoted 1-17-06 (adjusted to step 4), and SGT promoted 4-18-06 (adjusted to step 4).
SGT promoted 10-20-03 would then be paid as follows assuming he had satisfactory or higher
evaluations along the way. October-I-20m he would be adjusted to 80,857,15. On April-1-2008 he
would go to 84,984.51, October-1-2008 = 86,684.20, April-I-2009 = 91,450.13, October-I-2009 =
93,279.13, April-I-2010 = 95,144.72.
See Appendix A for Examples 1 through 5
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Section 3.
In the event of the passage of a State Constitutional Amendment or State
Legislative Enactment which will alter or affect the flow of revenue to the City during the term of this
Agreement, the wage/rate of pay articles of the Agreement may, at the written request of the City, be
reopened for negotiations.
Reopened negotiations shall commence and be concluded within forty-five (45) calendar days of
the date the City gives written notice to the PBA of the City's request to reopen negotiations. If an
agreement is not reached within forty-five (45) calendar days, the negotiations shall be deemed at
impasse and the impasse issue shall be submitted to the City Commission at the second City
Commission meeting following the expiration of the forty-five (45) days. The City and the PBA waive
the appointment of a special magistrate to resolve the impasse issues in accordance with the provisions
of 447.403, Florida Statutes.
During the negotiations and the impasse process, if any, the base wages of bargaining unit
members will be frozen at the levels in place at the time the City requests to reopen negotiations and no
subsequent base wage increases will occur except as thereafter negotiated by the City and the PBA, or,
in the event the reopened negotiations do not result in a ratified agreement, as imposed by the City
Commission through the impasse process.
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ARTICLE 12
WORKERS COMPENSATION AND DUTY DISABILITY
Section 1.
A bargaining unit member covered by Florida Statute, Chapter 440, Workers'
Compensation, and in accordance with provisions set forth hereunder, shall be authorized to be absent
from work due to injury or illness incurred while on duty, and directly related to work performed, until
he or she reaches maximum medical improvement or two (2) years, whichever comes first.
Section 2.
Sworn bargaining unit members who sustain a serious injury on-duty while in fresh
pursuit (as defined in ~ 112.19(d), Florida Statutes (2003)) or in the apprehension of a violent person, or who
sustain a serious injury while engaged in law enforcement activities will receive a supplement to their
workers' compensation that will provide 100% of their base salary for up to one hundred eighty (180)
calendar days UNLESS OTHERWISE NEGOTIATED IN A WORKERS COMPENSATIG~~
PRECEEDING.
Section 3.
Bargaining unit members absent from work due to injury or illness unrelated to the
performance of duty, shall have twelve (12) months to return to full duty.
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ARTICLE 13
CALL-BACK PAY
Section 1. The Department shall develop a call-back policy, based on seniority, which
provides for the following:
A. Shift vacancies or vacancies created by special events or other exigent situations will be
filled by sergeants from the off-going shift or those currently on duty.
B. In the event that vacancies cannot be filled by on duty, off going sergeants, those
sergeants who are not on duty will be offered the vacancy through a "seniority wheel"
process. Sergeants will be called in order of seniority until the vacancies are filled. On the
next occasion where a vacancy is to be filled by other than an on duty, off going sergeant,
the starting point on the seniority list will be the name of the sergeant immediately after
that sergeant who elected to fill the last vacancy utilizing the "wheel" procedure.
C. No employee shall work more than 16 hours in any 24 hour period absent a designated
emergency.
Section 2.
On duty, off going sergeants who elect to fill a vacancy on the upcoming shift will
be paid at time and one-half of the regular rate of pay for each hour actually worked past their normally
assigned shift.
Section 3. Sergeants who elect to fill a vacancy on the upcoming shift and who were not on
duty immediately preceding the vacancy to be worked, will be paid at time and one-half their regular
rate of pay for each hour actually worked with a minimum payment of three hours at the overtime rate.
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ARTICLE 14
STAND-BY PAY
Section 1.
Employees directed to be on operational stand-by status must be able to respond
to a specified location on duty within one (1) hour and shall be compensated for one hour at time and
one-half (1 1/2) the employee's regular rate of pay for each day (24 hour period) on call.
Section 2.
In the event the bargaining unit member on call responds for duty, the bargaining
unit member shall receive, additionally, Call-Back pay as provided in Article 13.
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ARTICLE 15
COURT APPEARANCES
Section 1. When required to respond to court, deposition, subpoena, or any other judicial or
administrative proceeding arising out of a member's duty as a police officer, and not involving the
officer as a plaintiff or whose interest is affected by the plaintiff, the employee shall be paid a minimum
of three (3) hours per day at time and one-half (1 1/2) the employee's regular rate of pay, unless such
court appearance occurs during the employee's regular working hours.
Section 2.
If court appearance is contiguous with the end of the employee's shift, court time
shall be compensated as any other over time assignment.
Section 3.
When a member has been ordered to remain on standby for court appearance
purposes during the member's off-duty hours, he/she shall be compensated at a minimum of one hour at
time and one-half (1 Yz) the member's regular rate of pay for the first hour and one-half (1/2) the
member's regular rate of pay for all remaining hours.
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ARTICLE 16
BEREAVEMENT LEAVE
Section I.
In the event of the death of the parent, foster parent, sibling, spouse. child,
grandparent, grandchild, mother or father-in-law, sister or brother-in-law, grandparents of spouse,
domestic life partner, and any permanent family member of the household such employee shall be
entitled to paid compassionate leave not to exceed three (3) consecutive working days for anyone death.
However, if it is necessary for the employee to leave the State of Florida in connection with the funeral
of the deceased, five (5) working days compassionate leave shall be allowed. Additional leave may be
authorized by the Chief or his/her designee on a case-by-case basis, except that such additional leave
shall be debited against the employee's accrued sick or annual leave.
Section 2.
Employees must verify, in writing attendance at an out-of-state funeral in writing
in order to be eligible for benefits under this Article. The City Manager may grant additional leave
under this Section.
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ARTICLE 17
SICK LEAVE
Section 1.
Sick leave is earned and accrued on an hourly basis. Employees shall earn ninety-
six (96) hours of sick leave per year at the rate of eight (8) hours per month. Use of sick leave will be
charged against a member's bank of accrued time on an hour for hour basis. The use of sick leave shall
be in accordance with the City of Boynton Beach Personnel Policy Manual. Upon retirement or
separation of service with the City of Boynton Beach, all accrued sick leave will be paid out at the rate
of 50%.
Section 2.
Employees who have more than one-hundred-twenty (120) hours of sick leave as
of October 1, of any contract year, may convert 50% of the excess over one hundred twenty (120) hours
to a cash straight time payment not to exceed one hundred (100) hours in the contract year. Those hours
over one hundred twenty (120) hours not converted in this contract year may be converted in the next
contract year.
Section 3.
It shall be the policy of the City to permit an employee to donate accrued sick
leave time to another employee, provided the contributing employee has at least 120 hours accrued sick
leave, whenever extraordinary circumstances require the designated employee to be absent from work
for a lengthy period of time, when that employee has exhausted all accrued sick leave and annual leave
to the equivalent of hislher current annual earned vacation rate. Extraordinary circumstances shall be
defined as lengthy hospitalization, extended illness or injury of the member or the members immediate
family.
Section 4.
Sick leave use for medical appointment is permissible and should be scheduled at
least 48 hours prior to the appointment when possible.
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Section 5.
No member shall be placed on restricted sick leave prior to being counseled by
the Division Commander informing the member of the reasons and allowing them an opportunity to
explain the situation. If after counseling a problem continues, the member will be notified in writing
and placed on restricted sick leave. A member will be on restricted sick leave for a period of six (6)
months. At the end of six months, the member will be advised in writing if the Department intends on
extending the restricted sick leave.
Section 6.
At the employee's option, provided the contributing employee has at least 120
hours of accrued sick leave, the employee may convert sick time to vacation time not to exceed forty
(40) hours, to be transacted on the first month of the calendar year.
Section 7. Each bargaining unit member covered by this Agreement is eligible to receive 1 shift
worth of hours of additional leave for continuous attendance at work at the completion of each calendar
quarter that the bargaining unit member has not used sick leave during the previous quarter, nor has
beenabsent from work or on leave, other than those paid leave categories recognized in this document.
Bonus days shall be counted as vacation leave and subject to the provisions set forth for use of vacation.
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Section 1.
ARTICLE 18
VACATION
Vacation is earned and accrued on an hourly basis. Each full time employee shall
earn vacation leave at the rates shown in the schedules outlined below. Use of vacation leave will be
charged against a member's bank of accrued time on an hour for hour basis. A bargaining unit member
shall, upon termination of employment with the City, be paid for unused accumulated vacation leave.
For all bargaining unit members:
Years of Service
Vacation Hours Per Year
1
2-3
4
5
6
7
8
9
10 - 15
16 - 20
21+
96
120
128
136
144
152
160
168
176
192
200
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Employees may accrue vacation leave to a maXImum of the level earned in the most recent two
employment years. However, any amount over the allowable maximum that has not been used during that
fiscal year (October 1 - September 30) will be forfeited as of September 30.
Section 2.
Seniority will prevail in the granting of vacations.
Vacation requests may be submitted from forty eight (48) hours to thirty (30) days
Section 3.
in advance. In the event of conflicting requests for vacation dates, the senior member's request shall
prevail if it was submitted twenty one (21) days prior to the date or dates requested. Vacations of three
(3) consecutive shifts or less may be made within twenty-four (24) hours advance notice, provided that
the City incurs no overtime in the granting of such request.
Section 4.
Chief of Police.
Requests for emergency vacation leave shall be individually considered by the
Section 5.
No member shall be denied vacation nor shall vacation privileges be suspended or
canceled except as specifically set forth in this Agreement or in time of declared emergency, as defined
in this Agreement.
Section 6.
All sergeants shall receive, in addition to the existing vacation accruals, 60 hours
of personal time (non-accumulative and cannot create an overtime situation). Denial of a request for
usage is not grievable.
Section 7.
Personal time is to be used in the same manner as vacation, ho\vever, personal
time shall not be accumulated from year to year and shall not be included in termination pay"
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ARTICLE 19
HOLIDAYS
Section 1.
Manual.
Section 2. Employees shall be paid for legal holidays. Those employees who work on a
holiday shall also be at time and one-half rate. Those employees who are scheduled off for the holiday
will be paid at straight time. Employees must work their regular work days immediately before the after
the holiday in order to receive pay for the holiday or be in an authorized with pay status immediately
before and after the holiday.
Holidays will be in accordance with the City of Boynton Beach Personnel Policy
Section 3.
A. Holiday Conversion. Under this Article a member may elect not to receive holiday pay
as outlined in Section 2 above, but instead to have the equivalent straight time holiday
hours added as a lump sum to their accrued vacation balance.
B. Members who sign up for this section must do so between October 1st and October 31st
of each contract year via memo to the Division Commander.
C. Members exercising this option for conversion will be paid only straight time for the
hours worked on the holiday.
D. Members whose regular days off are on a holiday will receive their normal weekly pay.
E. Members leaving service with the Department and City who participated in the Holiday
Conversion plan will owe the City for those holidays for which they were already
compensated either through loss of vacation credits or deduction from funds due from the
City.
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F. Members may elect to take the holiday off and at their option deduct eight (8) hours
vacation or take the holiday off without pay.
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ARTICLE 20
FUNERAL EXPENSES
Section 1. The City will make a payment of$10,000.OO to the beneficiary of bargaining unit
employees considered by law to have expired in the line of duty.
Section 2. All employees shall, on a form to be supplied by the Chief of Police or his
authorized representative, designate by name and address, the individual to whom such funds are to be
paid.
28
ARTICLE 21
MEDICAL EXPENSES
Section 1. Members of the Bargaining unit will be responsible for scheduling and
completing a physical examination every other year beginning in October 2008. Physicals will be
completed by a medical doctor (M.D. or D.O.) and will be conducted at the officer's expense not to
exceed $100.00. The city will not be responsible for expenses if they exceed 5>100.00 and if this occurs,
the physical exam and it's expense will be a voluntary item for the bargaining unit member. The results
of the physical will be reported to the City on a form approved by the City for such purpose.
Section 2.
Any condition of disability resulting from Hepatitis, Acquired Immune
Deficiency Syndrome (AIDS), Tuberculosis, Meningococcal Meningitis, or Herpes Simplex 1,
established to have been occurred in the line of duty shall be covered the same as any other duty inj_ury.
Section 3.
The City shall provide an immunization schedule during the life of this
Agreement for any member who wants to be immunized for Hepatitis Type - B. It is incumbent upon
the bargaining unit member to notify the Department should they desire said immunization. Said
immunization shall be administered by medically qualified persom1el.
Section 4.
Section 5.
The City shall bear the costs oflead testing for the Range Instructor(s).
The City will provide for AIDS and Hepatitis screening in all instances where a
member is exposed to situations/persons presenting a biological contamination threat. Results of these
tests will be kept confidential.
29
ARTICLE 22
UNIFORMS
Section 1. The City will supply those parts of the uniform that the City requires police
sergeants to wear on duty. The City will supply replacements for the parts of the uniform when
replacement is appropriate, as determined by the Chief of Police, and if adequate funds are available in
the City's budget.
Section 2. Effective on the date of the approval of this Agreement, sergeants who are
members of the bargaining unit and assigned to plain clothes duty will receive a maximum of $1,600.00
per contract year, paid in $400.00 installments at the end of each quarter and pro-rated as appropriate
when assigned during each quarter to plain clothes duty. This allowance shall commence from the date
of assignment on a pro-rate basis.
Section 3. Sergeants assigned to plain clothes duty for more than three (3) months at a time
will receive a clothing allowance in accordance with the above for the three (3) months and pro-rated
thereafter.
Section 4. The City will bear the cost of cleaning ten (10) issued uniform pieces per week
for the contract year. The City shall designate the only approved dry cleaning establishment. Plain
clothes Sergeants shall be given a cash cleaning supplement reasonably equivalent to that of the
uniformed sergeant. This will be paid at the end of each quarter of the contract year. This allowance
shall commence from the date of assignment on a pro-rated basis.
Section 5.
Sergeants assigned to plain clothes duty for more than three (3) months at a time
will, for that three months period, be given a cash cleaning supplement equivalent to that given sergeants
30
and pro-rated thereafter. These payments for sergeants assigned to plain clothes duty will substitute for
the normal cleaning allowance for sergeants.
31
ARTICLE 23
PERSONNEL RECORDS
Section 1.
All personnel records shall be maintained within the limits of and in accordance
with the provisions of the Public Records Law.
Section 2.
Consistent with State law, the City agrees that upon request, a member shall have
the right to inspect his or her own personnel records whenever or however kept. The member shall have
the right to make duplicate copies of his or her own records at no expense to the member. No record
shall be hidden from a member's inspection and members shall have the right to allow anyone of his or
her choosing to inspect the personnel records with written authorization. Members shall have the right
to inspect any and all records used to evaluate, promote or in any other manner, classify or direct an
employee within the provisions of the Public Records Law.
Section 3. A personnel file for all bargaining unit employees is maintained by the City
Human Resources Department. The City will purge these files of disciplinary actions in accord with the
appropriate Florida State Statute. The purging will take place when the Human Resources Department
notes that it is time for a record to be purged or when an employee, in writing brings the matter to the
attention of the Human Resources Director. An employee may request, in writing, that specific items be
added to hislher Personnel file.
Section 4.
All citizen complaint files and Internal Affairs investigations will be governed by
Florida State Statutes and the Public Records destruction guidelines.
Section 5. All bargaining unit members covered by this Agreement must be notified in writing
(E-mail is acceptable notification) when someone other than a City employee requests to review the
bargaining unit members' personnel/LA. file.
32
ARTICLE 24
HOURS OF WORK AND OVERTIME
Section 1. The normal hours of work for bargaining unit members not assigned to the 11.5 hour
day shall be five (5) days per week at eight (8) hours per day, or four (4) days per week at ten (10) hours
per day. Time and one-half shall be paid for all hours worked above forty (40) hours per week except as
provided below.
For those members assigned to an 11.5-hour day, the normal work period is a twenty-eight day,
one-hundred-seventy one hour work cycle. Time-and-one-half shall be paid for all hours actually
worked above 171 hours in that cycle.
For the purpose of calculating hours worked for overtime purposes, only the following categories
of leave shall be treated as hours worked:
A. Hours actually worked
B. Authorized leave for training or school.
Section 2.
No work schedule, days off, hours of work, etc., shall be changed primarily for
the purpose of avoiding the payment of overtime.
Section 3.
No person shall be required to work more than sixteen (16) hours at one ( 1) time,
except in a declared emergency. For the purposes of this section and this agreement, an emergency shall
be a natural disaster, (flood, hurricane, etc.) or man-made disaster (riot, mass civil unrest, etc.) or other
incident which directly threatens the health and safety of the citizens of Boynton Beach.
Section 4.
One Sergeant per uniform services platoon per day will serve in the capacity of
Administrative Sergeant and shall be entitled to receive 30 minutes of overtime pay for performance of
tasks generic to their position such as organization, shift preparation and review of subordinates work.
33
ARTICLE 25
SHIFT SELECTION
Section 1.
The Chief of Police or hislher designee shall have discretion to determine the
number of persons assigned to each shift and division within the Department.
Section 2. The City may designate the number of slots assigned to each shift. Thereafter the
employees shall choose slots by seniority. The Department shall have discretion to change the junior
sergeant for training purposes. The right to select shift shall not apply to probationary sergeants.
34
ARTICLE 26
SENIORITY
Section 1.
Seniority shall be computed from the date of promotion to sergeant. If two (2)
sergeants have the same date of promotion, the date of initial appointment to the service of the City as a
police officer shall be the determining factor.
Section 2. Seniority shall accumulate during all authorized leaves.
Section 3.
Seniority shall be the determining factor for the selection of vacations and
overtime assigT1ffients.
Section 4.
The City shall have the right to determine the number of sergeants assigned to
each division and each shift.
Section 5.
Bargaining unit members who are demoted, voluntarily or involuntarily, and
thereafter regain the rank from which they were demoted, shall have their seniority in rank bridged upon
completion of their promotional probation. This will be applied retroactively to all employees for the
purposes of pay scale calculations.
Example: A sergeant with five (5) years in rank is demoted to police officer. After
three (3) years as a police officer, the former sergeant is promoted again to sergeant.
Upon completion of his or her probationary period, the subject sergeant is a six-year
sergeant; that is, he or she has six (6) years seniority in rank for purposes of the pay scale
only and will not apply to call signs in rank.
Section 6.
It is understood and agreed that bargaining unit members who separate from
employment with the Boynton Beach Police Department and thereafter return to employment shall not
be permitted to bridge seniority.
35
ARTICLE 27
TRANSFERS AND SHIFT CHANGES
Section 1.
No member shall be transferred nor have hislher shift or schedule changed,
including days off, except in time of emergency, as elsewhere defined in this Agreement. If a member
suffers a transfer or shift change, as defined in this Agreement, without the consent of the employee, all
time worked on the first newly assigned shift or workday shall be at the overtime rate.
Section 2. Members may request to exchange shifts, provided that the exchange is approved
by the member's supervisor. Such approval shall not be unreasonably withheld. The City shall not be
obligated to pay overtime to accommodate the exchange.
36
Section 1.
ARTICLE 28
GROUP INSURANCE
The City shall pay the premium for a Fifty Thousand Dollar ($50,000.00) life
insurance policy to all bargaining unit members at no expense to the employee. The policy shall bear a
double indemnify provision for death occurring in the line of duty. This shall be in addition to any other
benefits required by State or Federal law.
Section 2.
Medical, Vision and Dental Insurance
The City shall pay the total medical, vision, and dental insurance premium for all unit members.
The members will pay the full cost of medical, vision and all but $7.00 (See Section 4 of this article) of
the dental insurance for their dependents. Existing coverage levels and benefits shall remain in effect at
least until September 30, 2008. In the event the City changes benefit options for employees after
September 30, 2008, then the health insurance coverage for the employee and their dependents may be
amended from time to time. In this connection, should the employees' cost to provide dependant
coverage for their dependants increase more than 15% during any fiscal year, the City agrees to open
this Article for the purpose of impact bargaining. The review and selection of insurance coverage shall
be made on an annual basis by the City. To that end, the City will form an insurance advisory
committee to be comprised of an equal number of non-represented members who are appointed by the
City Manager and two members from each of the city's bargaining units. Bargaining unit
representatives shall be designated by the PBA. The final decision regarding selection of insurers is
reserved to the City, but the City shall strongly consider input and recommendations from the insurance
advisory committee.
37
Section 3.
Life Insurance
Members of the bargaining unit shall be covered by $35,000 of group life insurance with the
premium paid by the City.
Section 4. Dental Insurance
A group dental insurance program will be provided by the City and the City will pay the
premium for employees and $7.00 per month of the premium for family coverage.
38
ARTICLE 29
TRAINING AND TUITION REIMBURSEMENT
Section 1.
All training required of the sergeant by the Police Department when off duty will
be compensated at time and one half, except for training or travel activities that are off site and
considered to be seminars, conferences, and special programs where expenses incurred are paid for by
the City.
Section 2.
Weapons Training
The content and course of weapons training will be established by the Chief of Police. Each
member will be allowed three opportunities to meet prescribed qualification standards. If the sergeant
does not qualify in three attempts, they will be required to qualify on their own time and expense to
remain eligible for employment as sergeants.
Section 3.
College Tuition Reimbursement
A. The City will provide for those members who attend colleges and/or universities an
incentive of paid tuition and books based upon the grade received for that class. The
member is to pay for the tuition and books and be reimbursed, at state college/university
rates. Employees who were already in the college tuition reimbursement program as of
April 1, 2005 who are attending private schools are grand fathered in at private school
rates. Reimbursement rate percentages are as follows:
"A" equals 100% of tuition and books
"B" equals 1 00% of tuition and books
"C" equals 50% of tuition and books
39
College and/or university programs must be initially approved by the City Manager and must be
a part of a program leading to an acceptable Associates, Bachelor or Master degree with a
curriculum directly related to the Police profession.
The Chief will make a recommendation to the City Manager who will have final
approval for the courses, degree program and payment.
B. The City shall pay tuition and books reimbursement even if a course is not part of a
program leading to a degree providing that the course is job related and approved by the
City Manager prior to registration of said course.
Section 4. The City shall provide reimbursement for authorized expenses associated with
training and special schools attended by the officer through approval of the Department.
40
ARTICLE 30
DEPARTMENTAL POLICIES, RULES AND REGULATIONS
Section 1.
It is agreed and understood that the Police Department currently has policies,
rules and regulations governmg employment. The formulation, amendment, reVISIOn and
implementation of any rule shall not be arbitrary or capricious. In the event of a conflict between the
rules and specified provisions of this Agreement, the Agreement shall control.
Section 2.
In the event the City intends to amend or revise an existing rule or intends to
implement any new rule, it shall give notice to the PBA as required by law and this Agreement.
41
ARTICLE 32
GRIEVANCE AND ARBITRATION PROCEDURES
Section 1.
A grievance, as used in this Agreement, is limited to a complaint or request of a
bargaining unit member or the PBA which involves the interpretation or application of, or compliance
with, the provisions ofthis Agreement.
Section 2. Grievances concerning working conditions not specifically covered by the terms
and provisions of this Agreement shall be subject to the grievance procedure up to, but not including,
arbitration.
Section 3. In the event a grievance should arise as to the interpretation or the application of
the terms of the Agreement or departmental regulations, the said dispute or grievance shall be dealt with
in the following manner. Any grievance not answered by the City within the time limits provided below
will automatically advance to the next higher step of the grievance procedure.
STEP 1
The aggrieved employee or an Association representative shall present the grievance or dispute
in writing, setting forth the facts with particulars and the remedy sought, within ten (10) working
days (Monday through Friday) of its occurrence or knowledge thereof, to the Chief of Police.
The Chief of Police shall reply in writing within ten (10) working days (Monday through Friday)
of receipt of the grievance or dispute. If the Chief of Police shall fail to respond in writing, the
grievance is presumed to be denied and the employee or an Association representative may move
to the next step.
43
STEP 2
If the Chief of Police replies and the aggrieved party or the PBA is dissatisfied, then the
grievance may be submitted to the City Manager within ten (10) working days (Monday through
Friday) of receipt of the Chief of Police's reply or when a reply was due, if none is submitted.
The City Manager shall reply within ten (10) working days (Monday through Friday) of receipt
of the grievance or dispute. If the City Manager shall fail to reply in writing, the grievance is
presumed to be denied and the employee or an Association representative may move to the next
step.
STEP 3
If the grievance has not been settled by Steps 1 and 2, the PBA or the City may refer it to
arbitration within fifteen (15) working days (Monday through Friday) of receipt of the City
Manager's reply or when a reply was due, ifnone is submitted. The PBA or the City WIll submit
the matter to the Federal Mediation & Conciliation Service (FMCS) or the i\merican Arbitration
Association (AAA) for a list of nine (9) arbitrators from which one (1) shall be selected.
The arbitrator's decision shall be in writing with a statement of findings and reasons. The
decision of the arbitrator shall be final and binding on the Parties; provided that the arbitrator
shall have no power to modify, amend, or alter this Agreement. The expense of the arbitrator
shall be borne by the Parties.
Section 4.
procedure.
By agreement of both Parties, a meeting will be held at any step of the .grievance
44
Section 5. Expedited Arbitration
All discharge grievances, and any other gnevances mutually agreed upon in writing for
expedited processing, shall be arbitrated on an expedited basis. To accomplish this goal, the City and
the PBA agree upon the following procedure for expedited cases.
A. The selection of an arbitrator must be completed within fifteen (15) working days of
receipt of an arbitrators panel provided by the FMCS. Failure to strike the arbitrators
panel and select an arbitrator within fifteen (15) working days will result in the untimely
Party's acceptance of the timely Party's selection of any arbitrator from the FMCS list
provided.
B. After an arbitrator has been selected, the arbitration hearing shall be held no later than
thirty (30) days thereafter, unless the arbitrator is unavailable within this thirty (30) day
period.
C. Briefs, if any, must be filed with the arbitrator no later than thirty (30) days after the close
of the Hearing or after receipt of the transcript, if a transcript is requested. By mutual
agreement of the Parties, the transcript may be submitted to the arbitrator in lieu of briefs.
D. The arbitrator shall render an Award within thirty (30) days of receipt of the briefs, if any,
or of the transcript if the Parties have agreed to submit the transcript in lieu of briefs.
Section 6.
The PBA and the City shall each bear its own expense in the arbitration
proceedings, except that both Parties shall share equally the fee and other expenses of the arbitrator.
Section 7. Settlement of grievances prior to the issuance of an arbitration award shall not
constitute a precedent nor shall it constitute an admission that the Agreement has been violated.
45
Section 8. Whenever a grievance is general in nature, in that it applies to two (2) or more
bargaining unit members, or if the grievance is directly between the PBA and the City, the grievance
may be presented in writing directly at Step 2 of the Grievance Procedure within fifteen (15) working
days of the occurrence or knowledge of the occurrence or matter giving rise to the grievance. The
grievance shall be signed by the aggrieved bargaining unit members or a PBA representative on behalf
of all aggrieved PBA members.
46
ARTICLE 33
PAST PRACTICES
All employment practices listed below shall remain in effect:
A. Locker room shower, gym
B. Shoes every six (6) months.
C. Provide weapons, equipment, gear appropriate to assignment.
D. Bullet proof vests.
E. Jackets, raincoat, boots.
F. Desk space, office supplies.
G. Approved and required travel expenses.
H. Use of City vehicles for court when available.
1. Three (3) complete uniforms per year, as needed
47
ARTICLE 34
ENTIRE AGREEMENT
The Parties agree that this Agreement constitutes the full and complete understanding of the
Parties. This Agreement cannot be changed or altered unless it is by mutual consent by both Parties, in
writing.
48
ARTICLE 35
PERSONAL VEHICLES
Section 1.
When an employee is required to use his/her personal vehicle in the performance
of police duties, said employee shall be reimbursed a mileage rate as established by City resolution,
excluding mileage traveled to and from the normal work location.
Section 2. For the purpose of this Article, the performance of police duties shall include
attendance at court, depositions, administrative hearings, conferences with City officials, schools and
semmars.
49
ARTICLE 36
QUALIFICATIONS FOR A BARGAINING UNIT POSITION
Eligibility for hiring or promotion to a position in the bargaining unit shall be as follows:
A. Three (3) years of continuous or bridged experience as a law enforcement officer with the
City of Boynton Beach.
B. Must possess on effective date of hire and thereafter maintain FDLE certification.
C. Must possess on effective date of hire and thereafter maintain a Florida drivers license.
50
ARTICLE 37
TEMPORARY ASSIGNMENT
Section 1.
Sergeants acting in the capacity of Watch Commander shall be paid seven percent
(7%) above the sergeant's regular rate of pay.
Section 2. The provisions of this Article shall not apply to persons performing other than
regular road patrol duties, including details.
51
ARTICLE 38
SAVINGS CLAUSE
Section 1.
If any Article or section of this Agreement should be detern1ined by a court of
competent jurisdiction to be in conflict with any existing or subsequently enacted legislation or judicial
decision, all other Articles and sections of this Agreement shall remain in full force and effect with it
being presumed to be the intent of the Parties that the invalid language be stricken.
Section 2.
In the event of such a determination, the Parties shall meet within thirty (30) days
for the purpose of negotiating a substitute provision.
Section 3. All new promotions will have a one (I) year probationary term.
52
ARTICLE 39
CHEMICAL TESTING
The City agrees to use State Certified Laboratories for all drug testing. Drug and alcohol testing
may be conducted on either a reasonable suspicion basis or at random. Standards for testing and
retesting shall be as set forth in Florida Administrative Code, Florida Statutes and the Drug Free
Workplace policy adopted by the City of Boynton Beach.
53
ARTICLE 40
DURATION OF AGREEMENT
This Agreement shall take effect when ratified by the members of the collective bargaining unit
and the City Commission, and shall remain in effect until September 30,2010 or the date upon which a
successor Agreement is ratified, whichever is later. In the event a successor Agreement is not ratified by
October 1, 2010, all of the provisions of this Agreement shall remain in full force and effect during the
time intervening, including the periods during which the Parties are negotiating a successor Agreement
and engaged in impasse proceedings, if any. Wage adjustments, including base wage, perfoTI11ance base
pay, reduction and/or loss of assignment pay, are all retroactive to October 1,2007.
54
ARTICLE 41
TAKE HOME VEHICLES
All bargaining unit members residing with twenty (20) miles of the City limits shall be provided a
take-home car.
Assigned vehicles are not for personal use but for work only.
55
ARTICLE 42
LONGEVITY PAY
Section 1.
In order to provide benefit incentives to long-term employees, giving recognition
for continuous and meritorious service, longevity benefits are available as outlined below. Employees
eligible are those who:
a) have been employed with the City on a regular full-time and continuous basis for a minimum
of five (5) years, and
b) have an overall "Meets Standards" or above rating on the previous employee evaluation.
Employees will receive a cash Lump Sum Bonus as follows:
On the employee's fifth (51h) anniversary a lump sum payn1ent of 5500.00.
On the employee's tenth (loth) anniversary a lump sum payment ofSl,OOO.OO
On the employee's fifteenth (15th) mmiversary a lump sum payment ofS1,500.00
On the employee's twentieth (201h) anniversary a lump sum payment ofS2,000.00
On the employee's twenty-fifth (25th) anniversary a lump sum payment of$2500.00
This 25th anniversary payment will be added in this year of the contract so as a one time agreement
that if any employee who has surpassed their 25th year of service and is not enrolled in the DROP
plan will receive this payment on October L 2007. All other employees will receive this payment
upon their actual 25th anniversary date.
Section 2.
Any pay earned for Longevity Benefits is subject to required federal deductions.
Section 3.
Benefits shall not be paid beyond tern1ination payouts. Employees who terminate
from City employment prior to their anniversary date will not be entitled to Section ] benefits.
Employees in the DROP plan are not eligible for longevity pay.
56
Agreed to this
day of
, 2007 _, by and between the respective
parties through the authorized representatives of the PBA and the City.
PALM BEACH COUNTY POLICE
BENEVOLENT ASSOCIA nON
BY:
John Kazanjian, President
Witness
Gary Lippman, General Counsel
Witness
CITY OF BOYNTON BEACH
Witness
BY:
Mayor - Jerry Taylor
ATTEST:
Witness
Janet M. Prainito, CMC
City Clerk
APPROVED AS TO FORM:
City Attorney
Ratified By City Commission
Ratified by Union
Date
Date
57
Appendix "A"
Example 1: SGT "A" will have completed 2 years as a SGT as he was promoted on 2-28-05.
Sgt. "A's" base wage would be adjusted to 72,242.86 as he would be proceed through the plan as
follows. On 4-1-08 he will go to 76,241.00, on 10-1-0977,765.82, on 4-1-0982,353.39, on 10-
1-0984,000.46, and on 4-1-201088,835.22.
Example 2: Ifa member of the Patrolman's / Detectives union is promoted into this union it
will happen as follows. A promotion wj]] consist of a 10% increase to the employee's current
rate of pay. This will increase the employee's rate of pay to a number that will inevitably fall
between two steps of the plan's designated pay rates for that date. To ensure the integrity of the
plan no one will make a wage other then specified by the plan's pay scale. This newly promoted
employee will be placed into the higher of the two rates they fall between. Should a 1 O~/()
increase leave that employee below the "starting" rate for that rank on that date, they will be
brought to the starting salary for that rank and proceed through the plan accordingly. Two actual
examples of this is would be: If Officer ''J'' was promoted on 6-1-08, his rate of pay would be
54,404.00 as he would be a patrolman with 4 years of complete service as of 6-1-08. He \;>.,'ould
receive a 10% increase to his base, making it 59,844.40. This would place him still below the
starting SGT's salary of 67,497.50 as of 4-1-08. He would then be placed into the SGT's pay
scale as a starting SGT as of6-1-08 and that would be his date of hire or entry for calculations
through his progression through the SGT's pay scale. He would then proceed through the SGT's
scale as follows. 10-1-08 = 68,847.45, 4-1-09 = 70,224,40,10-1-09 = 74,721.78, and 4-1-2010 =
76,216.21.
In turn if Officer "D" gets promoted on 2-1-08 his cun'ent rate of pay at that moment would be
66,800.00 as an officer. A 10% increase to his base would bring his base to 73,480.00, placing
him between the two pay rates in the SGT's scale of 72,242.86 & 75,114.29. He would therefore
be placed at the higher of the two, 75,114.29 upon promotion and enter the SGT's scale in STEP
3 on 2-1-08. The date of2-1-08 would then be "D's" date of hire/entry into the SGT's scale and
he would proceed through the contract as follows. On 4-1-08 = 76,241.00,10-1-08 = 77.765.82.
4-1-09 = 82.353.39,10-1-09 = 84,000.46, 4-1-2010 = 88,835.22
Example 3: If a SGT is promoted to the rank of LT it will occur as follows. A promotion will
consist ofa 10% increase to the SGT's current rate of pay. This will increase the SGT's rate of
pay to a number that will inevitably fall between two steps of the LT's plan's designated pay
rates for that date. The new L T will then be placed into the higher of the two rates and \vill now
become a salaried exempt employee and follow the L T' s pay scale through the contract or time
in that rank. Ifthis 10% increase results in that SGT not obtaining the "starting" pay for L T on
that date he/she will be brought up to the starting rate of aLT. In turn should a demotion occur
from the rank of L T to the rank of SGT or from the rank of SGT to either Detective or Patrolman
the employee would lose 10% of their base wage. This will then again place them between two
rates of pay in the appropriate scale they are entering and they will be placed into the higher of
58
the two rates. Should a 10% decrease result in that employee being over the max of the rank
they are going back into, they will go to the max pay rate for that rank at that date in the plan.
Example 4: If SGT "B" were to get promoted to L T on 6-1-08 it would go as follows. On 6-1-
08 SGT "B's" base would be 76,241.00 so a 10% increase would take him to 83,865.10. This
wage would not meet or exceed the min starting LT's pay for that date so he would be brought to
95,481.00 and become a salaried employee at that point. He would then proceed through the
L T' s scale using 6-1-08 as his promotion date to calculate his progression through the steps and
years completed as a LT. Therefore on 10-1-08 he would go to 98,345.43, April-I-2009 =
101,295.79, October-1-2009 = 107,812.49, and April-I-2010 = 111,046.86.
Example 5: If SGT "W" were to get promoted on 6-1-08 it would go as follows. On 6-1-08
SGT "W's" base wage would be 87,899.01 so a 10% increase would take him to 96,688.91. This
would bring SGT "W" into the LT's scale between the wages of95,481.00 and 98,663.70,
therefore he would be placed at the higher of the two and enter the LT's scale as a STEP 1 LT
with a date of promotion on 6-1-08. He would then proceed through the scale as follows. On
October-I-2008 he would go to 101,623.61, April-1-2009 = 104,672.32, October-1-2009 =
111,290.31, and April-1-2010 = 114,629.02.
59
VI.-CONSENT AGENDA
ITEM C.4.
CITY OF BOYNTON BEACF
AGENDA ITEM REQUEST FOkn'l
Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Forn1 Must be Turned
Meeting Dates in to Citv Clerk's OfJice Meeting Dates in to City Clerk's Office
D August 21,2007 August 6,2007 (Noon.) [8J October 16.2007 October 1,2007 (Noon
D September 4, 2007 August 20, 2007 (Noon) D November 7, 2007 October 15,2007 (Noon)
D September 18, 2007 September 3, 2007 (Noon) D November 20. 2007 November 5, 2007 (Noon)
D October 2, 2007 September 17,2007 (Noon) D December 4. 2007 November 19, 2007 (Noon)
D Announcements/Presentations D City Manager's Report
NA TURE OF D Administrative D New Business
AGENDA ITEM [8J Consent Agenda D Legal
D Code Compliance & Legal Settlements D Unfinished Business
D Public Hearing D
RECOMMENDATION: Approval of the Collective Bargaining Agreements with Palm Beach
County Police Benevolent Association for Police Lieutenants.
EXPLANATION: The collective bargaining agreement with the police lieutenants expired on
September 30,2007. A new agreement with the bargaining unit has been negotiated and if approved
will remain in effect until September 30, 2010.
PROGRAM IMP ACT: Collective bargaining agreements provide for compensation and conditions of
employment for sworn police department employees holding the rank of lieutenant, sergeant, officer or
detective.
FISCAL IMP ACT: Expenditures for salary and benefits provided for in the collective bargaining
agreements are provided for in the departmental budget. All contracts include a wage-reopener
provision in the event of funding cuts occasioned by state legislative activity.
AL TERNA TIVES:
None.
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V.O
t~~~
City Manager's Signature
Assistant to City Manager ~
WL ~-
~t City Attorney / Finance
epartment Head's Signature
Department Name
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RESOLUTION R07-
A RESOLUTION OF THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA,
RATIFYING THE AGREEMENT BETWEEN THE
CITY OF BOYNTON BEACH, FLORIDA AND THE
PALM BEACH COUNTY POLICE BENEVOLENT
ASSOCIATION - LIEUTENANTS FOR THE PERIOD
OF OCTOBER 1, 2007 THROUGH SEPTEMBER 30,
2010, AND AUTHORIZING AND DIRECTING THE
MAYOR AND CITY CLERK TO EXECUTE THE
AGREEMENT; AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS, the City of Boynton Beach and the Palm Beach County Police
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Benevolent Association (PBA) - Lieutenants have successfully concluded negotiations for
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a three (3) year contract; and
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WHEREAS, the Agreement was ratified by the Bargaining Unit of the Union;
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.and
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WHEREAS, the City Commission of the City of Boynton Beach deems it to be in
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the best interests of the residents and citizens of the City to ratify the Agreement and
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execute the same; and
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NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION
OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1.
The foregoing "WHEREAS" clauses are true and correct and hereby
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ratified and confirmed by the City Commission.
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Section 2.
The City Commission of the City of Boynton Beach, Florida does
30 hereby ratify the Agreement between the City of Boynton Beach and the Palm Beach
31 County Police Benevolent Association (PBA) - Lieutenants for the period of October 1,
S:\CA\RESO\Agreements\CBA Ratifications\PBA - Lts 2007 - 2010.doc
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1911
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221/
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25 Janet M. Prainito, CMC
26 City Clerk
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2007 through September 30,2010, and authorizing and directing the Mayor and City Clerk
2 to execute the Agreement, a copy of said agreement being attached hereto as Exhibit "A".
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Section 3.
This Resolution will become effective immediately upon passage.
PASSED AND ADOPTED this _ day of October, 2007.
CITY OF BOYNTON BEACH, FLORIDA
Mayor- Jerry Taylor
Vice Mayor - Jose Rodriguez
Commissioner - Ronald Weiland
Commissioner - Mack McCray
ATTEST:
Commissioner - Car] McKoy
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30 (Corporate Seal)
3]
S:\CA\RESO\Agreements\CBA Ratifications\PBA - LIs 2007 - 201 O.doc
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AGREEMENT
BETWEEN
CITY OF BOYNTON BEACH, FLORIDA
AND
POLICE LIEUTENANTS
PALM BEACH COUNTY
POLICE BENEVOLENT ASSOCIATION
OCTOBER 1, 2007 - SEPTEMBER 30, 2010
Arti cJ e
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TABLE OF CONTENTS
Page
Preamb le.....................................
Recognition.............. ............ ........
No Strike or Lock-Out........................
Non Discrimination........ ...................
Dues Deduction.. .............................
PBA Representation...........................
Bulletin Boards and Records Requests...........
Rights of Lieutenants Under Investigation....
Legal Benefit........... ....................
Management Rights............................
Discipline. ..... ..... ....... ...
Subcontracting................ .......... .....
Rate of Pay. ............. ........... .........
Workers Compensation and Duty Disability.....
Call Back Pay................................
Bereavement Leave.......... ..... .............
Sick Leave.............. .... ..;.. ............
Vacation.................................... .
Holidays.................................... .
Funeral Expenses.............................
Medical Expenses.............................
Uniforms... ..................................
Training.................................... .
Personnel Records... .........................
Shift Selection..............................
Seniority.. ..................................
Transfers and Shift Changes..................
Group Insurance. .............................
Tuition Reimbursement..... ...................
Off Duty Police Employment...................
Grievance and Arbitration Procedures.........
Past Practices...............................
Personal V ehicJes... .........................
Promotions................................. ..
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Savings Clause...............................
Temporary Assignment... ........... ...... .....
Chemical Testing.............................
Entire Agreement ...............................
Duration of Agreement........................
Reopener. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Longevity Pay...........................
Signature................................... .
Appendix "A"
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PREAMBLE
This Agreement is entered into by the City of Boynton Beach, Florida, hereinafter
referred to as the "City" and the Palm Beach County Police Benevolent Association, located in
West Palm Beach, Florida, hereinafter referred to as the "PBA", for the purpose of setting forth
the Parties' Agreements regarding rights, wages, hours, terms, and conditions of employment,
and benefits.
4
ARTICLE 1
RECOGNITION
Section 1.
The City of Boynton Beach hereby recognizes the PBA as the exclusive
collective bargaining agent with respect to wages, hours and other terms and conditions of
employment for all employees in the bargaining unit.
Section 2.
The bargaining unit for which this recognition is accorded is as defined in
the certification granted by the Public Employees Relations Commission and comprises all full-
time police lieutenants. Excluded are all other employees of the City.
Section 3.
The City agrees that all correspondence, communication, or notice
required by law or otherwise pertaining to bargaining unit members' wages, hours, and terms and
conditions of employment shall be directed to:
John Kazanjian, President
Palm Beach County Police Benevolent Association, Inc.
2100 N. Florida Mango Road
West Palm Beach, Florida 33409
Attention: General Counsel
5
ARTICLE 2
NO STRIKE OR LOCK-OUT
Section 1.
"Strike" means the concerted failure to report for duty, the concerted
absence of Lieutenants from their positions, the concerted stoppage of work, the concerted
submission of resignations, the concerted abstinence in whole or in part by any group of
Lieutenants from the full and faithful performance of their duties of employment with the City,
participation in a deliberate and concerted course of conduct which adversely affects the services
of the City, picketing or demonstrating in furtherance of a work stoppage, either during the term
of or after the expiration of a collective bargaining agreement.
Section 2.
Neither the Union, nor any of its officers, agent and members, nor any
employee organization members, covered by this Agreement, will instigate, promote, sponsor,
engage in, or condone any strike, sympathy strike, slowdown, sick-out, concerted stoppage of
work, illegal picketing, or any other interruption of the operations of the City.
Section 3.
Each Lieutenant who holds a position with the City occupies a position of
special trust and responsibility in maintaining and bringing about compliance with this Article
and the strike prohibition in Florida Statutes 447.505 and the Constitution of the State of Florida,
Article 1, Section 6. Accordingly, the Lnion, its officers, stewards and others responsible to
maintain compliance with this Article and the law, including their responsibility to abide by the
provisions of this i\rticle and the law by remaining at work during any interruption which may
be initiated by others; and their responsibility in the event of breach of this Article or the law by
6
other employees violating this Article or the law to return to work, and to disavow the strike
publicly.
Section 4. Any or all Lieutenants who violate any provisions of the law prohibiting
strikes of this Article may be dismissed or otherwise disciplined by the City.
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ARTICLE 3
NON-DISCRIMINATION
The City will not interfere with the rights of officers to become members of the PBA, and
there shall be no discrimination, interference, restraint or coercion by the City, or any City
representa6ve, against any officer because of membership or because of any activity in any
official capacity on behalf of the PBA. The PBA shall not discriminate against any bargaining
unit member who fails to join the PBA, as provided by law.
The City and the PBA oppose discriminatory behavior of any nature. The City and the
PBA shall work jointly to eradicate discriminatory conduct in the work place. To that end, the
City and the PBA agree that bargaining unit members have an affirmative duty to act against
discriminatory behavior when it occurs in their presence or comes to their attention.
Discriminatory conduct by an employee can result in disciplinary action up to and including
termination. Discriminatory conduct means any communication, verbal or non-verbal, which is
unwelcome, objectionable, or not acceptable, desired, or solicited and relates to race, sex, color,
religion, national origin, handicap, familial status, sexual orientation, age, or marital status.
8
ARTICLE 4
DUES DEDUCTION
Upon receipt of notice from the PBA and approved by the City which has been
voluntarily executed by a City employee who is a member of the bargaining unit, the City will
deduct from the pay due the employee, those dues and uniform assessments required to retain
PBA membership as certified by the PBA. The total amount of deductions shall be remitted each
month by the City to the Treasurer of the PBA. This authorization shall remain in full force and
effect during the term of this Agreement or for thirty (30) days after notification of the
revocation of the authorization to deduct by the employee.
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ARTICLE 5
PBA REPRESENTATION
Section 1.
Neither Party in negotiations shall have any control over the selection of
the negotiating or bargaining representatives of the other Party.
Section 2.
The City shall recognize elected PBA representative for the purposes of
bargaining and any bargaining team members shall be permitted to attend bargaining sessions
which may occur during their regular tours of duty without any loss of pay. The City shall not be
required to provide overtime to any employee attending negotiations.
Section 3.
The Parties agree that the PBA may establish a system of Representatives
for the bargaining unit. Representatives on duty shall be permitted reasonable release time with
pay upon approval of the division commander for the purpose of processing any individual
grievance or assisting employees at investigatory or disciplinary interviews.
Section 4.
When acting in their capacity as PBA representatives within the
Department and not on behalf of themselves, employees shall not be obligated to observe the
departmental chain of command. A representative may not refer an issue outside of the
department without first presenting it to a senior staff officer. This shall not relieve employees
from observing the departmental chain of command except for receiving approval of release time
with regard to their duty-related activities, notwithstanding their position as a PBA
representative.
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ARTICLE 6
BULLETIN BOARDS AND RECORDS REQUESTS
Section 1. The PBA shall be provided with the use of a Lieutenant's PBA bulletin
board space at one (1) location in the police building.
Section 2. The PBA agrees that it shall use the space on the bulletin boards only for
the purposes of posting notices of PBA meetings; notices and results of PBA elections; reports of
PBA committees; rulings or policies of the PBA; recreational and social affairs of the PBA, and
notices by public bodies.
Section 3. The City agrees to furnish to the PBA president or designee, upon request
at City cost, documents such as agendas, minutes, financial reports, etc., of the retirement fund,
City Commission, and any other body of the City whose activities may impact on terms and
conditions of employment of bargaining unit members. Access to any other records shall be
governed by Florida Statutes, Chapter 119.
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ARTICLE 7
RIGHTS OF LIEUTENANTS UNDER INVESTIGATION
The City of Boynton Beach agrees that in the investigation of all bargaining unit
members all rights articulated in Florida Statutes, Section 112.532 and Section 112.533 (as
amended from time to time) will be observed and practiced. The PBA may post a copy of
Sections 112.532 and 112.533, Florida Statutes on the bulletin boards referenced in Article 6.
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ARTICLE 8
LEGAL BENEFIT
Section 1. The City agrees to abide by the provisions of Florida Statutes Sections
111.065, 111.07 and 768.28, in providing a legal defense or reimbursement for legal services to
employees charged in criminal or civil actions arising out of the course and scope of their
employment; provided, however, that the City shall not be required to pay a judgment when it
has been established that the employee was engaged in conduct outside the scope of hislher
employment.
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ARTICLE 9
MANAGEMENT RIGHTS
Section 1.
The PBA recognizes that except as provided in this Agreement and by law
the City has the exclusive right to manage and direct the Police Department. Accordingly, but
not by way oflimitation, the City retains the exclusive right to:
A. To establish procedures to hire, promote, and layoff employees.
B. Discharge and suspend employees for cause.
C. Transfer employees from one location to another, one shift to another, or one
starting time to another.
D. Establish and change the starting and quitting times and the number of hours and
shifts to be worked.
E. Assign and reassign employees.
F. Schedule and change the work to be performed by employees.
G. Formulate, implement and change Departmental policy, rules, regulations, and
directives which are not in conflict with the specific provisions of this Agreement
or the law.
H. Introduce new services, procedures, materials, facilities and equipment.
1. To require employees to submit to physical, medical, and psychological testing to
determine fitness for duty. No bargaining unit member shall be ordered to submit
to physical, medical or psychological testing to determine fitness for duty without
such testing being approved by the Police Chief and the City Manager.
J. Determine and change the equipment and materials provided to or not provided to
employees.
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K. Add to or change the qualifications necessary for any job classification.
L. Create, alter or disband any Departmental unit or transfer members based upon
the needs of the Department as determined by the Chief.
M. The City is a Drug Free Workplace and has established a Drug Free Workplace
Policy. The City supports random drug testing for all bargaining unit members.
The City reserves to itself the power to order employees to submit to reasonable
suspicion or random drug testing, subject to compliance with the testing/sample
handling procedures as set forth in Florida Statute and the Florida Administrative
Code, as referenced in the City's Drug Free Workplace Policy. The City agrees to
use State certified laboratories for all drug testing.
If the City fails to exercise anyone or more of the above functions from time to time, it
shall not be deemed a waiver of the City's right to exercise any or all of such functions. Any
right or privilege of the City not specifically relinquished by the City in this Agreement or
limited by law shall remain with the City.
Section 2.
In the event of any change over which the City may have an obligation to
bargain concerning an impact of the change, the change may be implemented after said impact
bargaining.
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ARTICLE 10
DISCIPLINE
Section 1. No employee shall be subject to demotion, termination, or a suspenslOn
without pay of two days or more without first being afforded the right to a predetenl1ination
conference with the City Manager
Section 2.
The Parties recognize that the interests of the community and job security
of the bargaining unit members depends upon the City's success in provided proper and efficient
services to the community. To this end, the City and the PBA encourage to the fullest degree,
behavior which is positive and supportive of the goals of effective municipal management and
public safety. The Parties recognize the need for progressive and appropriate discipline when an
employee's conduct and job performance are inconsistent with said goals.
Section 3.
No bargaining unit member shall be disciplined except for cause.
Progressive, consistent, and appropriate discipline will be administered according to the
seriousness of the offense.
Section 4.
"No bargaining Ullit n1cmber shall be subject to demotion, termination, or a
suspension without pay of more than two (2) days without first being afforded the right to a pre-
determination conference with the City Manager.
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Section 5.
Any bargaining unit member who has been promoted who, thereafter, is
demoted shall be returned to the position and shift he or she occupied immediately prior to the
promotion or to a position and shift consistent with his or her sworn seniority with the Police
Department, whichever is more favorable for the member. Personnel re-entering the bargaining
unit as provided above shall be placed in their respective Step Pay Plan based upon their
completed years of sworn service with the City of Boynton Beach Police Department at the time
of demotion.
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ARTICLE 11
SUBCONTRACTING
There shall be no subcontracting for the life of this Agreement.
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ARTICLE 12
RATE OF PAY
Section 1.
$90,000.00 $92,700.00 $95,481.00 $98,345.43 $101,295.79 $104,334.67 $107,464.71
$93,000.00 $95,790.00 $98,663.70 $101,623.61 $104,672.32 $107,812.49 $111,046.86
$96,000.00 $98,880.00 $101,846.40 $104,901.79 $108,048.85 $111,290.31 $114,629.02
$99,000.00 $101,970.00 $105,029.10 $108,179.97 $111,425.37 $114,768.13 $118,211.18
$102,000.00 $105,060.00 $108,211.80 $111,458.15 $114,801.90 $118,245.96 $121,793.33
$105,000.00 $108,150.00 $111,394.50 $114,736.34 $118,178.43 $121,723.78 $125,375.49
Section 2.
The pay plan will be implemented as follows starting on Oct 1 2007. Each LT's current base
wage will be adjusted according to the column labeled adjustment. The "step" they fall into will
be determined by how many years in ranked they have completed as of Oct 1 2007. Thus if a L T
has completed 3 years in rank as a LT he/she will be adjusted to STEP 3 starting pay and
continue through the plan using their date or promotion as opposed to date of hire to determine
when a year has been completed. The pay plan is based on COLA raises on Oct 1 st 2007, 2008
& 2009, as well as a pay-per-performance raises on April 1 st 2008, 2009, 2010. The LT's will
remain in an exempt status and the rates of pay reflect salary as opposed to an hourly rate.
Currently LTs' Chapman and Lanier fall above the Step for their yrs in rank so they will be
adjusted to the appropriate step so they realize a raise and get credit for their time in service with
the city. LTs' Chapman and Lanier will be placed into Step 4 to begin the pIan on October 1
2007. Therefore the raises will proceed as follows: LT's Harris and Katz will be brought to
STEP 3 on Oct 1 2007 and will receive a COLA raise bringing them to 101,970.00. They will
then proceed through the plan as follows, April-I-2008 = 105,029.10, October-1-2008 =
111,458.18, April-I-2009 = 114,801.90, October-I-2009 = 121.723.78, and April-1-2010 =
125,375.49. Lt's Chapman and Lanier will be brought to STEP 4 on Oct 1 2007 and receive a
COLA raise bring them to 105,060.00. They will then proceed through the plan as follows,
April-1-2008 = 111,394.50, October-1-2008 = 114,736.34, April-1-2009 = 118,178.43, October-
1-2009 = 121.723.78, and April-1-2010 = 125,375.49. Lt Lillie will be brought to STEP 1 on Oct
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1 2007 and receive a COLA raise bring her to 95,790.00. She will then proceed through the plan
as follows, April-1-2008 = 101,846.40, October-I-2008 = 104,901.79 April-1-2009 =
111,425.37, October-I-2009 = 114,768.13, and April-1-2010 = 121,793.33. Lt's Steele and
Deale will be brought to LT's starting pay on Oct 1 2007 and receive a COLA raise bring them
to 92,700.00. They will then proceed through the plan as follows, April-I-2008 = 98,663.70,
October-I-2008 = 101,623.61, April-1-2009 = 108,048.85, October-I-2009 = 111.290.31, and
April-1-2010 = 118,211.18.
See Appendix "A" for Examples 1 and 2
Section 3.
In the event of the passage of a State Constitutional Amendment or State
Legislative Enactment which will alter or affect the flow of revenue to the City during the term of
this Agreement, the wage/rate of pay articles of the Agreement may, at the written request of the
City, be reopened for negotiations.
Reopened negotiations shall commence and conclude within forty-five(45) calendar days
of the date the City gives written notice to the PBA of the City's request to reopen negotiations.
If an agreement is not reached within forty-five(45) calendar days, the negotiations shall be
deemed at impasse and the impasse issue shall be submitted to the City Commission at a second
Commission meeting following the expiration of the forty-five( 45) days. The City and the PBA
waive the appointment of a special magistrate to resolve the impasse and agree that the City
Commission shall resolve the impasse issues in accordance with the provisions of 447.403,
Florida Statutes.
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During the negotiations and impasse process, if any, the base wages of bargaining unit
employees will be frozen at the levels in place at the time the City requests to reopen
negotiations and no subsequent base wage increases will occur except as thereafter negotiated by
the City and the PBA, or, in the event the reopened negotiations do not result in a ratified
agreement, as imposed by the City Commission through the impasse process.
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ARTICLE 13
WORKERS COMPENSATION AND DUTY DISABILITY
Section 1.
A bargaining unit member covered by Florida Statute, Chapter 440.
Workers' Compensation, and in accordance with provisions set forth hereunder, shall be
authorized to be absent from work due to injury or illness incurred while on duty, and directly
related to work performed, until he or she reaches maximum medical improvement or two (2)
years, whichever comes first.
Section 2.
Sworn bargaining unit members who sustain a serious injury on-duty while in
fresh pursuit (as defined in ~ 112.19(d), Florida Statutes (2003)) or in the apprehension of a violent
person, or who sustain a serious injury while engaged in law enforcement activities will receive a
supplement to their workers' compensation that will provide 100% of their base salary for up to one
hundred eighty (180) calendar days.
Section 3.
Bargaining unit members absent from work due to injury or illness
unrelated to the performance of duty, shall have twelve (12) months to retum to full duty.
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ARTICLE
CALL-BACK PAY
Section 1. The Union and City agree that each Bargaining Unit member is an exempt
status employee under FLSA, not eligible for overtime payments
Section 2. Employees will be called back to duty on the basis of seniority in the rank
of lieutenant.
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ARTICLE 15
BEREAVEMENT LEAVE
Section 1. In the event of the death of the parent, foster parent, sibling, spouse, child.
grandparent, grandchild, mother or father-in-law, sister or brother-in-law, grandparents of
spouse, domestic life partner, and any permanent family member of the household such
employee shall be entitled to paid compassionate leave not to exceed three (3) consecutive
working calendar days for anyone death. However, if it is necessary for the employee to leave
the State of Florida in connection with the funeral of the deceased, five (5) consecutive working
days compassionate leave shall be allowed. Additional leave may be authorized by the Chief or
his/her designee on a case-by-case basis, except that such additional leave shall be debited
against the employee's accrued sick or annual leave.
Section 2.
Employees must verify, in writing, attendance at an out-of-state funeral
in writing in order to be eligible for benefits under this Article. The City Manager may grant
additional leave under this Section.
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ARTICLE 16
SICK LEAVE
Section 1. Sick leave is earned and accrued on an hourly basis. Employees shall earn
ninety-six (96) hours of sick leave per year at the rate of eight (8) hours per month. Use of sick
leave will be charged against a member's bank of accrued time on an hour for hour basis. The
use of sick leave shall be in accordance with the City of Boynton Beach Personnel Policy
Manual. Upon retirement or separation of service with the City of Boynton Beach, all accrued
sick leave will be paid out at the rate of 50%.
Section 2. Employees who have more than one-hundred-twenty (120) hours of sick
leave as of October 1, of any contract year, may convert 50% of the excess over one hundred
twenty (120) hours to a cash straight time payment not to exceed one hundred (100) hours in the
contract year. Those hours over one hundred twenty (120) hours not converted in this contract
year may be converted in the next contract year.
Section 3.
It shall be the policy of the City to permit an employee to donate accrued
sick leave time to another employee, provided the contributing employee has at least 120 hours
accrued sick leave, whenever extraordinary circumstances require the designated employee to be
absent from work for a lengthy period of time, when that employee has exhausted all accrued
sick leave. and annual leave. Extraordinary circumstances shall be defined as lengthy
hospitalization, extended illness, or injury of the member or the member's immediate family.
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Section 4.
Sick leave use for medical appointments IS permissible and should be
scheduled at least 48 hours prior to the appointment when possible.
Section 5.
No member shall be placed on restricted sick leave pnor to being
counseled by the Division Commander informing the member of the reasons and allowing them
an opportunity to explain the situation. If after counseling a problem continues, the member will
be notified in writing and placed on restricted sick leave. A member will be on restricted sick
leave for a period of six (6) months. At the end of six months, the member will be advised in
writing if the Department intends on extending the restricted sick leave.
Section 6.
At the employee's option, provided the contributing employee has at least
120 hours of accrued sick leave, the employee may convert sick time to vacation time not to
exceed forty (40) hours, to be transacted on the first month of the calendar year.
Section 7. Each bargaining unit member covered by this Agreement is eligible to receive
I shift of hours of additional leave for continuous attendance at work at the completion of each
calendar quarter that the bargaining unit member has not used sick leave during the previous
quarter, nor has been absent from work or on leave, other than those paid leave categories
recognized in this document. Bonus days shall be counted as vacation leave and subject to the
provisions set forth for use of vacation.
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ARTICLE 17
VACATION
Section 1.
Manual, as follows:
Years of Service
Vacation shall be accrued in accordance with the Personnel Policy
Vacation Hours Per Year
21 and above
96
120
128
136
144
152
160
168
176
192
200
1
2-3
4
5
6
7
8
9
10 - 15
16 - 20
Employees may accrue vacation leave to a maximum of the level earned in the most recent
two employment years. However, any amount over the allowable maximum that has not been used
during that fiscal year (October 1 - September 30) will be forfeited as of September 30.
Section 2.
Seniority will prevail in the granting of vacations.
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Section 3. Vacation requests may be submitted from forty-eight (48) hours to thirty
(30) days in advance. In the event of conflicting requests for vacation dates, the senior member's
request shall prevail if it was submitted twenty-one (21) days prior to the date or dates requested.
Vacations of three (3) days or less may be made within twenty-four (24) hours advance notice,
provided that the City incurs no overtime in the granting of such request.
Those members scheduled to work an 11.5-hour shift who are granted vacation, shall only have
their vacation accrual charged a maximum of 8-hours for the day.
Section 4.
the Chief of Police.
Section 5.
Requests for emergency vacation leave shall be individually considered by
Management reserves the right to approve or deny vacation leave based
upon the operational needs of the department. Vacation privileges shall not be suspended or
canceled except as specifically set forth in this Agreement or in time of declared emergency, as
defined in this Agreement. The exercise of management's rights under this Section shall not be
arbitrary or capricious.
Section 6.
All Lieutenants shall receive, in addition to the existing vacation accruals,
- 80 hours of personal time per contract year. The 80 hours of personal time per contract year are
not accruable and must be used within each contract year.
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Those members scheduled to work an 11.5-hour shift who are granted personal time,
shall only have their personal time accrual charged 8-hours for the day, only when personal time
is taken in 8 hour increments.
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ARTICLE 18
HOLIDAYS
Section 1. Holidays will be defined as the below dates:
1. New Year's Day
2. Martin Luther King Jr., Day
3. President's Day
4. Memorial Day
5. Independence Day
6. Labor Day
7. Veteran's Day
8. Thanksgiving Day
9. Day After Thanksgiving
10. Christmas Eve
11. Christmas Day
Section 2.
Members of the Bargaining Unit not assigned to road patrol shall not work
on Holidays, unless an emergency situation is declared by the City Manager or his/her desi,gnee
or in cases where the Chief of Police or on-call Staff Duty Officer determines that the presence
of a Lieutenant is required for a specific function or investigation. If a Lieutenant is assigned to
road patrol he/she has the option to either work the scheduled holiday, in which case he/she shall
be paid the holiday pay plus straight time. If he/she elects not to work the holiday a Sgt. will fill
30
that position. A Lieutenant who is assigned to road patrol who is scheduled off on a holiday may
take a substitute day off during the same pay period .provided that it does not incur overtime. If
it cannot be accommodated during that pay period, without incurring overtime, the member may
take it in the following pay period with approval of the Police Chief.
31
ARTICLE 19
FUNERAL EXPENSES
Section 1.
The City will make a payment of $10,000.00 to the beneficiary of
bargaining unit employees considered by law to have expired in the line of duty.
Section 2.
All employees shall, on a form to be supplied by the Chief of Police or his
authorized representative, designate by name and address, the individual to whom such funds are
to be paid.
32
ARTICLE 20
MEDICAL EXPENSES
Section 1. Members of the bargaining unit will be responsible for scheduling and
completing a physical examination every other year beginning in October 2008. Physicals will be
completed by a medical doctor (M.D. or D.O.) and will be conducted at the officer's expense not
to exceed $100.00. The city will not be responsible for expenses if they exceed $100.00 and if
this occurs, the physical exam and it's expense will be a voluntary item for the bargaining unit
member. The results of the physical will be reported to the City on a form approved by the City
for such purpose.
Section 2. Any condition of disability resulting from Hepatitis, Acquired Immune
Deficiency Syndrome (AIDS), Tuberculosis, Meningococcal Meningitis, or Herpes Simplex 1,
established to have occurred in the line of duty shall be covered the same as any other duty
mJury.
Section 3.
The City shall provide an immunization schedule during the life of this
Agreement for any member who wants to be immunized for Hepatitis-Type B. It is incumbent
upon the bargaining unit member to notify the Department should they desire said immunization.
Said immunization shall be administered by medically qualified personnel.
Section 4. The City shall bear the costs of lead testing for the Range Instructor(s).
33
Section 5.
The City will provide for AIDS and Hepatitis screening in all instances
where a member is exposed to situations/persons presenting a biological contamination threat.
Results of these tests will be kept confidential..
34
ARTICLE 21
UNIFORMS
Section 1. The City will supply those parts of the uniform that the City requires
police lieutenants to wear on duty. The City will supply replacements for the parts of the
uniform when replacement is appropriate, as determined by the Chief of Police, and if adequate
funds are available in the City's budget.
Section 2. Effective on the date of this Agreement, lieutenants who are members of
the bargaining unit and assigned to plain clothes duty will receive $1,600 per contract year, paid
in $400 installments at the end of each quarter and pro-rated as appropriate when assigned during
each quarter to plain clothes duty. Lieutenants not assigned to plain clothes will receive a $1,000
clothing allowance per contract year, paid in equal quarterly installments at the end of each
quarter and pro-rated as appropriate. The City will replace civilian clothes of lieutenants
purchased with the annual allowance when such clothes are damaged in the line of duty. The
City will replace civilian clothes to uniformed officers assigned to plain clothes duty when the
clothes are damaged in the line of duty. The replacement will require the approval of the Chief
of Police. The Lieutenant claiming a replacement will be required to include with hislher claim
an explanation of the circumstances of the damage and appropriate reports concerning the
incident. This allowance shall commence from the date of assignment on a pro-rate basis.
35
Section 3.
Lieutenants assigned to plain clothes duty for more than three (3) months
at a time will receive clothing allowance in accordance with the above for the three (3) months
and pro-rated thereafter.
Section 4. The City will bear the cost of cleaning ten (10) issued uniform pieces per
week for the contract year. The City shall designate the only approved dry cleaning
establishment in the City. Lieutenants assigned to plain clothes duty will be given a cash
cleaning supplement reasonably equivalent to that of the uniformed Lieutenant. This will be
paid at the end of each quarter of the contract year. This allowance shall commence from the
date of assignment on a pro-rated basis.
Section 5.
Lieutenants assigned to plain clothes duty for more than three (3) months
at a time will, for that three months period, be given a cash cleaning supplement equivalent to
that given lieutenants and pro-rated thereafter. These payments for lieutenants assigned to plain
clothes duty will substitute for the normal cleaning allowance for lieutenants.
36
ARTICLE 22
TRAINING
Section 1. The Police Chief will decide on the Department's training program
according to his judgment of the needs and requirements and potential for each member of the
Department.
37
ARTICLE 23
PERSONNEL RECORDS
Section 1.
All personnel records shall be maintained within the limits of and 111
accordance with the provisions of the Public Records Law.
Section 2.
Consistent with State law, the City agrees that upon request, a member
shall have the right to inspect his or her own personnel records whenever or however kept. The
member shall have the right to make duplicate copies of his or her own records at no expense to
the bargaining unit member. No record shall be hidden from a member's inspection and
members shall have the right to allow anyone of his or her choosing to inspect the personnel
records with written authorization. Members shall have the right to inspect any and all records
used to evaluate, promote or in any other manner, classify or direct an employee within the
provisions of the Public Records Law.
Section 3. A personnel file for a1J City employees is maintained by the City Human
Resource Department. The City will purge these files of disciplinary actions in accord with the
appropriate Florida State Statute. The purging will take place when the Human Resources
Department notes that it is time for a record to be purged or when an employee, in writing brings
the matter to the attention of the Human Resources Director. An employee may request in
writing, that specific items be added to hislher Personnel file.
Section 4. All citizen complaint files and Internal Affairs investigations will be
govemed by Florida State Statutes and the Public Record destruction guidelines.
38
Section 5. A 24 hour notice must be given to the bargaining unit member if any
person requests a copy or review of the members' personnel file. E-mail to the bargaining unit
member shall constitute notice.
39
ARTICLE 24
SHIFT SELECTION
Section 1.
The Department shall have the discretion to determine the number of
persons assigned to each shift and division within the Department. The City reserves the right to
assign Lieutenants to a particular division within the Police Department.
Section 2.
The City may designate the number of slots assigned to each Uniformed
Services Division shift. Thereafter the employees shall choose slots by seniority. The
Department shall have discretion to change the probationary lieutenant for training purposes.
The right to select a shift shall not apply to probationary lieutenants.
40
ARTICLE 25
SENIORITY
Section 1. Seniority shall be computed from the date of promotion. If two (2)
lieutenants have the same date of promotion, the date of initial promotion to the rank of Sergeant
shall be the determining factor.
Section 2. Seniority shall accumulate during all authorized leaves.
Section 3.
Section 4.
Seniority shall be the determining factor for the selection of vacations.
The City shall have the right to determine the number of lieutenants
assigned to each division and each shift.
Section 5. For lay-offs and other non-disciplinary reductions in personnel, Police
Lieutenants will displace lower ranking officers in the event that the department is required to
lay-off personnel. An example would be: if a police lieutenant's position is to be abolished, the
incumbent with the least seniority in the position of lieutenant would displace a Police Sergeant,
who would displace a Police Detective, who would displace a Police Officer, who would
displace any probationary or provisional or temporary, or be separated as the case may require.
Section 6.
Bargaining unit members who are demoted, voluntarily or involuntarily,
and thereafter regain the rank from which they were demoted, shall have their seniority in rank
bridged upon completion of their promotional probation. This will be applied retroactively to all
employees for the purposes of call sign and pay scale calculations.
41
Section 7.
Example: A lieutenant with five (5) years in rank is demoted to
sergeant. After three (3) years as a sergeant, the former lieutenant is
promoted again to lieutenant. Upon completion of his or her probationary
period, the subject lieutenant is a six-year lieutenant; that is, he or she has
six (6) years seniority in rank.
It is understood and agreed that bargaining unit members who separate
from employment with the Boynton Beach Police Department and thereafter return to
employment shall not be permitted to bridge seniority.
42
ARTICLE 26
TRANSFERS AND SHIFT CHANGES
Section 1.
No member shall be transferred nor have his/her shift or schedule
involuntarily changed, including days off, without reasonable notice, except in time of
emergency, as declared by the City Manager or hislher designee, or for operational necessity as
determined by the Chief of Police.
Section 2. Members may request to exchange shifts, provided that the exchange is
approved. Such approval shall not be unreasonably withheld.
43
ARTICLE 27
GROUP INSURANCE
Section 1. The City shall provide and pay the premium for a Fifty Thousand Dollar
($50,000.00) life insurance policy to all bargaining unit members at no expense to the employee.
The policy shall bear a double indemnify provision for death occurring in the line of duty. This
shall be in addition to any other benefits required by State or Federal law.
Section 2.
Medical, Vision and Dental Insurance
The City shall pay the total medical, vision, and dental insurance premlUm for all
bargaining unit members. The members will pay the full cost of medical, vision and all but
$7.00 (See Section 4 of this article) of the dental insurance premium for their dependents.
Existing coverage levels and benefits shall remain in effect until at least September 30, 2008. in
the event the City changes benefit options for employees after September 30, 2008, then the
health insurance coverage for the employee and their dependents may be amended from time to
time. In this connection, should the employees' cost to provide dependant coverage for their
dependants increase more then 15% during any fiscal year, the City agrees to open this Article
for the purposes of bargaining. The review and selection of insurance coverage shall be made 011
an annual basis by the City. To that end, the City will form an insurance advisory committee to
be comprised of an equal number of non-represented members who are appointed by the City
Manager and two members from each of the city's bargaining units. Bargaining unit
44
representatives shall be designated by the PBA. The final decision regarding selection of insurers
is reserved to the City, but the City shall strongly consider input and recommendations from the
insurance advisory committee.
Section 3.
Life Insurance
Members of the bargaining unit shall be covered by $50,000 of group life insurance with
the premium paid by the City.
Section 4.
Dental Insurance
A group dental insurance program will be provided by the City and the City will pay the
premium for employees and $7.00 per month of the premium for family coverage.
45
ARTICLE 28
TUITION REIMBURSEMENT
Section 1. The City will provide for those members who attend colleges and/or
universities an incentive of paid tuition and books based upon the grade received for that class.
The member is to pay for the tuition and books and be reimbursed, at state college/university
rates. Employees who were already in the college tuition reimbursement program as of April 1.
2005 who are attending private schools are grand fathered in at private school rates.
Reimbursement rate percentages are as follows:
"A" equals 100% of tuition and books
"B" equals 100% of tuition and books
"C" equals 50% of tuition and books
College and/or university programs must be initially approved by the City Manager and
must be a part of a program leading to an acceptable Associates, Bachelor or Master
degree with a curriculum directly related to the Police profession. The Chief will make a
recommendation to the City Manager who will have final approval for the courses,
degree program and payment.
Section 2.
The City shall pay tuition and books reimbursement even if a course is not
part of a program leading to a degree providing that the course is job related and approved by the
City Manager prior to registration of said course.
46
Section 3.
The City shall provide reimbursement for authorized expenses associated
with training and special schools attended by the officer through approval of the Department.
47
Section 1.
ARTICLE 29
OFF-DUTY POLICE EMPLOYMENT
Off-duty police employment shall be defined as any police-related duty
that is performed or administered by a sworn employee which is paid for by a private entity,
through the City of Boynton Beach.
Section 2.
When City facilities are used by other agencies or persons, any desired
security arrangements shall be at the option of the user. If the user and/or the City determines
that certified police officers are to be required at any public event, only Boynton Beach Police
Department personnel shall be used.
48
ARTICLE 30
GRIEVANCE AND ARBITRATION PROCEDURES
Section 1.
A gnevance, as used in this Agreement, is limited to a complaint or
request of a bargaining unit member or the PBA which involves the interpretation or application
of, or compliance with, the provisions of this Agreement.
Section 2. Grievances concerning working conditions not specifically covered by the
terms and provisions of this Agreement shall be subject to the grievance procedure up to, but not
including, arbitration.
Section 3. In the event a gnevance should anse as to the interpretation or the
application of the terms of the Agreement or departmental regulations, the said dispute or
grievance shall be dealt with in the following manner. Any grievance not answered by the City
within the time limits provided below will automatically advance to the next higher step of the
grievance procedure.
STEP 1
The aggrieved employee or an Association representative shall present the grievance or
dispute in writing, setting forth the facts with particulars and the remedy sought, within
ten (10) working days (Monday through Friday) of its occurrence or knowledge thereof,
to the Chief of Police. The Chief of Police shall reply in writing within ten (10) working
49
days (Monday through Friday) of receipt of the grievance or dispute. If the Chief of
Police shall fail to respond in writing, the grievance is presumed to be denied and the
employee or an Association representative may move to the next step.
STEP 2
If the Chief of Police replies and the aggrieved party or the PBA is dissatisfied, then the
grievance may be submitted to the City Manager within ten (10) working days (Monday
through Friday) ofreceipt of the Chief of Police's reply or when a reply was due, if none
is submitted. The City Manager shall reply within ten (10) working days (Monday
through Friday) of receipt of the f:,rrievance or dispute. If the City Manager shall fail to
reply in writing, the grievance is presumed to be denied and the employee or an
Association representative may move to the next step.
STEP 3
If the grievance has not been settled by Steps 1 and 2, the PBA or the City may refer it to
arbitration within fifteen (15) working days (Monday through Friday) of receipt of the
City Manager's reply or when a reply was due, ifnone is submitted. The PBA or the City
will submit the matter to the Federal Mediation & Conciliation Service (FMCS) or the
American Arbitration Association (AAA) for a list of nine (9) arbitrators from which one
(1) shall be selected.
The arbitrator's decision shall be in writing with a statement of findings and reasons. The
decision of the arbitrator shall be final and binding on the Parties; provided that the
50
arbitrator shall have no power to modify, amend, or alter this Agreement. The expense of
the arbitrator shall be borne by the Parties.
Section 4.
By agreement of both Parties, a meeting will be held at any step of the
grievance procedure.
Section 5. Expedited Arbitration
All discharge grievances, and any other grievances mutually agreed upon in writing for
expedited processing, shall be arbitrated on an expedited basis. To accomplish this goal, the City
and the PBA agree upon the following procedure for expedited cases.
A. The selection of an arbitrator must be completed within fifteen (15) working days
of receipt of an arbitrators panel provided by the FMCS. Failure to strike the
arbitrators panel and select an arbitrator within fifteen (15) working days will
result in the untimely Party's acceptance of the timely Party's selection of any
arbitrator from the FMCS list provided.
B. After an arbitrator has been selected, the arbitration hearing shall be held no later
than thirty (30) days thereafter, unless the arbitrator is unavailable within this
thirty (30) day period.
C. Briefs, if any, must be filed with the arbitrator no later than thirty (30) days after
the close of the Hearing or after receipt of the transcript, if a transcript is
51
requested. By mutual agreement of the Parties, the transcript may be submitted to
the arbitrator in lieu of briefs.
D. The arbitrator shall render an Award within thirty (30) days of receipt of the
briefs, if any, or of the transcript if the Parties have agreed to submit the transcript
in lieu of briefs.
Section 6. The PBA and the City shall each bear its own expense in the arbitration
proceedings, except that both Parties shall share equally the fee and other expenses of the
arbitrator.
Section 7.
Settlement of grievances prior to the issuance of an arbitration award shall
not constitute a precedent nor shall it constitute an admission that the Agreement has been
violated.
Section 8. Whenever a grievance is general in nature, in that it applies to two (2) or more
bargaining unit members, or if the grievance is directly between the PBA and the City, the
grievance may be presented in writing directly at Step 2 of the Grievance Procedure within
fifteen (15) working days of the occurrence or YJ10wledge of the occurrence or matter giving rise
to the grievance. The grievance shall be signed by the aggrieved bargaining unit members or a
PBA representative on behalf of all aggrieved PBA members.
52
ARTICLE 31
PAST PRACTICES
All employment practices listed below shall remain in effect:
A. Locker room shower, gym
B. Shoes every six (6) months.
C. Provide weapons, equipment, gear appropriate to assignment.
D. Bullet proof vests.
E. Jackets, raincoat, boots.
F. Desk space, office supplies.
G. Approved and required travel expenses.
H. Use of City vehicles for court when available.
1. Three (3) complete uniforms per year, as needed
53
ARTICLE 32
PERSONAL AND DEPARTMENTAL VEHICLES
Section 1.
When an employee is required to use his/her personal vehicle in the
performance of police duties, said employee shall be reimbursed a mileage rate as established by
City resolution, excluding mileage traveled to and from the normal work location.
Section 2.
For the purpose of this Article, the performance of police duties shall
include attendance at court, depositions, administrative hearings, conferences with City officials,
schools and seminars.
Section 3.
Bargaining Unit members shall be assigned City vehicles for use on and
off duty.
Section 4.
If a Bargaining Unit member is not involved in a "Chargeable" accident
for 12 months, the member will get a bonus on their anniversary equivalent to one (1) day's pay.
54
ARTICLE 33
PROMOTIONS
Section 1.
Qualifications for a bargaining unit member are: those who have
completed three (3) years of continuous or bridged service as a Sergeant with Boynton Beach
Police Department. Current bargaining unit members are eligible for appointment to the next
highest rank in the department. Additional criteria for evaluation and appointment shall be
established by the Police Chief with the assistance of the Human Resources Department and the
PBA. All promotional opportunities will be posted for a period of thirty (30) days before
closing.
Section 2.
All Lieutenant's shall serve a one year probation from the date of
appointment. During a Lieutenant's probationary period a Lieutenant is subj ect to removal from
appointment, without statement of cause. A promoted Lieutenant removed from her/his position
during probation, shall be reassigned to the position that they were promoted from.
55
ARTICLE 34
SAVINGS CLAUSE
Section 1.
If any Article or section of this Agreement should be determined by a
court of competent jurisdiction to be in conflict with any existing or subsequently enacted
legislation or judicial decision, all other Articles and sections of this Agreement shall remain in
full force and effect with it being presumed to be the intent of the parties that the invalid
language be stricken.
Section 2. In the event of such a determination, the parties shall meet within thirty
(30) days for the purpose of negotiating a substitute provision.
Section 3.
There is no past practice regarding wages, benefits or conditions of
employment that IS binding on the parties except as set forth in this collective bargaining
agreement.
56
Section 1.
ARTICLE 35
TEMPORARY ASSIGNMENT
Lieutenants acting in the capacity of Senior Staff Officer shall be paid
seven percent (7%) above the Lieutenant's regular rate of pay during the time assigned as Senior
Staff Officer.
57
ARTICLE 36
CHEMICAL TESTING
Section 1.
Drug and alcohol testing may be conducted on either a reasonable
suspicion basis or at random. Standards for testing and retesting will be as set forth in Florida
Statues, Florida Administrative Code and the City's Drug Free Workplace Policy.
58
ARTICLE 37
ENTIRE AGREEMENT
The Parties agree that this Agreement constitutes the full and complete understanding of
the Parties.
This Agreement can not be changed or altered unless by mutual written agreement.
59
Section 1.
ARTICLE 38
DURATION OF AGREEMENT
This Agreement shall take effect when ratified by the members of the
collective bargaining unit and the City Commission, and shall remain in effect until September
30, 2010 or the date upon which a successor Agreement is ratified, whichever is later. In the
event a successor Agreement is not ratified by October 1, 2010, all of the provisions of this
Agreement shall remain in full force and effect during the time intervening, including the periods
during which the Parties are negotiating a successor Agreement and engaged in impasse
proceedings, if any. Wage adjustments, including base wage, performance base pay, reduction
and/or loss of assignment pay, are all retroactive to October 1,2007.
60
ARTICLE 39
REOPENER
Section 1. In the event the City determines that classification of the Members as exempt
status employees cannot be legally sustained, the Parties on written request by the City shall
reopen negotiations of this Collective bargaining Agreement.
61
ARTICLE 40
LONGEVITY PAY
Section 1.
In order to provide benefit incentives to long-term employees, gIvmg
recognition for continuous and meritorious service, longevity benefits are available as outlined
below. Employees eligible are those who:
a) have been employed with the City on a regular full-time and continuous basis for a
minimum of five (5) years, and
b) have an overall "Meets Standards" or above rating on the previous employee
evaluation.
Employees will receive a cash Lump Sum Bonus as follows:
On the employee's fifth (5th) anniversary a lump sum payment of$500.00.
On the employee's tenth (loth) anniversary a lump sum payment of$l,OOO.OO
On the employee's fifteenth (l5th) anniversary a lump sum payment of$l ,500.00
On the employee's twentieth (20th) anniversary a lump sum payment of$2,000.00
On the employee's twenty-fifth (25th) anniversary a lump sum payment of$2500.00
This 25th anniversary payment will be added in this year of the contract so as a one time
agreement that if any employee who has surpassed their 25th year of service and is not
enrolled in the DROP plan will receive this payment on October 1, 2007. All other
employees will receive this payment upon their actual anniversary date.
Section 2.
Any pay earned for Longevity Benefits is subject to required federal
deductions.
Section 3.
Benefits shall not be paid beyond termination payouts. Employees who
terminate from City employment prior to their anniversary date will not be entitled to Section 1
benefits. Employees in the DROP plan are not eligible for longevity pay.
Section 4.
The longevity benefit set forth in this Article takes effect October 1. 2004.
62
Agreed to this
day of
, 20_, by and between the respective
Parties through the authorized representatives of the PBA and the City.
POLICE LIEUTENANTS
POLICE BENEVOLENT ASSOCIATION
Witness
BY:
John Kazanjian, President
BY:
Witness
Gary Lippman, General Counsel
CITY OF BOYNTON BEACH
BY:
Witness
Mayor - Jerry Taylor
ATTEST:
Witness
Janet M. Prainito, CMC
City Clerk
APPROVED AS TO FORM
AND CORRECTNESS:
City Attorney
Ratified by City Commission
Ratified by Union Members
Date
Date
63
Appendix "A"
Examples of SGT's being promoted to L T and how the scale would work are as follows:
Example 1: If a SGT is promoted to the rank of L T it will occur as follows. A promotion
will consist of a 10% increase to the SG1's current rate of pay. This will increase the
SG1's rate of pay to a number that will inevitably fall between two steps of the L l' s
plan's designated pay rates for that date. The new L T will then be placed into the higher
of the two rates and will now become a salaried exempt employee and follow the L 1's
pay scale through the contract or time in that rank. If this 10% increase results in that
SGT not obtaining the "starting" pay for L T on that date he/she will be brought up to the
starting rate of a LT. In turn should a demotion occur from the rank of L T to the rank of
SGT or from the rank of SGT to either Detective or Patrolman the employee would lose
10% of their base wage. This will then again place them between two rates of pay in the
appropriate scale they are entering and they will be placed into the higher of the two
rates. Should a 10% decrease result in that employee being over the max of the rank they
are going back into, they will go to the max pay rate for that rank at that date in the plan.
Example 2: If SGT "B" were to get promoted to LT on 6-1-08 it would go as follows.
On 6-1-08 SGT "B's" base would be 76,241.00 so a 10% increase would take him to
83,865.10. This wage would not meet or exceed the min starting L T's pay for that date
so he would be brought to 95,481.00 and become a salaried employee at that point. He
would then proceed through the L T' s scale using 6-1-08 as his promotion date to
calculate his progression through the steps and years completed as a LT. Therefore on
10-1-08 he would go to 98,345.43, April-1-2009 = 101,295.79, October-1-2009 =
107,812.49, and April-1-2010 = 111,046.86.
64
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned
Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office
0 August 21, 2007 August 6, 2007 (Noon) l8'J October 16, 2007 October 1,2007 (Noon
D September 4, 2007 August 20, 2007 (Noon) 0 November 7, 2007 October 15,2007 (Noon)
0 September 18, 2007 September 3, 2007 (Noon) D November 20, 2007 November 5, 2007 (Noon)
0 October 2, 2007 September J 7,2007 (Noon) 0 December 4, 2007 November 19,2007 (Noon)
D Ann 0 uncements/Presentati ons D City Manager's Report
NATURE OF D Administrative D New Business
AGENDA ITEM l8'J Consent Agenda D Legal
0 Code Compliance & Legal Settlements D Unfinished Business
D Public Hearing 0
RECOMMENDA TION: Approve Resolution authorizing the City Manager to apply for State permits for temporary closing
of Federal Highway from Boynton Beach Boulevard south to Woolbright Road for the annual Holiday Parade.
EXPLANATION: The annual Holiday Parade is scheduled to take place on Saturday, December 1, 2007 at 5:00 p.m.
traveling south on Federal Highway. It will be necessary to temporarily close Federal Highway beginning at 3:00 p.m. on
December 1,2007 from Boynton Beach Boulevard south to Woolbright Road to provide for the safety of the participants and
citizens who attend this event. Pursuant to Chapter 14-65, Florida Administrative Code, the Florida Department of
Transportation requires local governments to submit a Request for Temporary Closing/Special Use of State Road along with a
Resolution authorizing the special event.
PROGRAM IMP ACT: The permit for the temporary road closing will be denied without the Resolution authorizing.
FISCAL IMPACT: (Include Account Number where funds will come from) None.
AL TERNA TIVES: Not hold the annual Holiday parade.
Department Head's Signature
/
,j
)' /7
&/ IV'
,./ JAttj~ - --===~=-
~ City Manager's Signature
/1//./
Assistant to City Manager Cf''11/~
Department Name
City Attorney / Finance
S\BULLETIN\FORMSIAGENDA ITEM REQUEST FORM DOC
1 RESOLUTION NO. R 07 -
2
3 A RESOLUTION OF THE CITY OF BOYNTON BEACH,
4 FLORIDA, AUTHORIZING THE TEMPORARY
5 CLOSING OF FEDERAL HIGHWAY ON DECEMBER 1,
6 2007, FOR THE ANNUAL HOLIDAY PARADE AND
7 AUTHORIZING THE CITY MANAGER OR HIS
8 DESIGNEE TO APPLY FOR STATE PERMITS FOR
9 THE TEMPORARY ROAD CLOSING; PROVIDING
10 FOR EFFECTIVE DATE.
11
12 WHEREAS, the City of Boynton Beach's annual Holiday Parade is scheduled to be
13 held on Saturday, December 1,2007 at 5:00 p.m.; and
14 WHEREAS, in order to provide for the safety of the participants and citizens
15 attending the Holiday Parade, Federal Highway will be required to be closed from Boynton
16 Beach Boulevard south to Woolbright Road beginning at 3:00 p.m.; and
17 WHEREAS, the Florida Department of Transportation requires the local government
18 to authorize all temporary road closures on state roadways; and
19 WHEREAS, the City Commission of the City of Boynton Beach desires to authorize
20 the temporary closing of Federal Highway from Boynton Beach Boulevard south to
21 Woolbright Road on December 1, 2007, to provide for the safety of the participants and
22 citizens attending the Holiday Parade; and
23 WHEREAS, the City Manager is authorized to apply for the permit for temporary
24 closing of state roads for special events, pursuant to Chapter 14-65, Florida Administrative
25 Code, for said temporary closings;
26 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
27 THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
28
Section 1.
The foregoing "WHEREAS" clauses are true and correct and
29 ereby ratified and confirmed by the City Commission
30 Section 2. That the City Commission of the City of Boynton Beach authorizes the
31 emporary closing of Federal Highway from Boynton Beach Boulevard south to Woolbright
32 oad commencing at 3:00 p.m. on Saturday December 1, 2007, for the annual Holiday
33
:leA IRESOILegislative ActionslRoad Closings Holiday Parade (2007)_doc
Section 3.
The City Manager is hereby authorized to apply for permits from the
2 Florida Department of Transportation pursuant to Chapter 14-65, Florida Administrative
3 Code, for said temporary closings.
Section 4.
That this Resolution will become effective immediately upon passage.
4
5
6
7
8
9
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PASSED AND ADOPTED this _ day of October, 2007.
CITY OF BOYNTON BEACH, FLORIDA
Mayor - Jerry Taylor
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Vice Mayor - Jose Rodriguez
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23 ATTEST:
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25
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27 Janet M. Prainito, CMC
28 City Clerk
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30
31 (Corporate Seal)
Commissioner - Ronald Weiland
Commissioner - Mack McCray
Commissioner - Carl McKoy
S:ICAIRESOILegislative ActionslRoad Closings Holiday Parade (2007).doc
VIII.-PUBLIC HEARING
ITEM A..
CITY OF BOYNTON BEACI
AGENDA ITEM REQUEST FORM
Requested City Commission Date Final Fonn Must be Turned
Meeting Dates in to City Clerk's Office
0 August 21, 2007 August 6, 2007 (Noon.) [8J
0 September 4, 2007 August 20, 2007 (Noon) 0
0 September 18, 2007 September 3, 2007 (Noon) 0
0 October 2, 2007 September 17,2007 (Noon) 0
Requested City Commission
Meeting Dates
Date Final Fonn Must be Turned
in to City Clerk's Office
October 16, 2007
October I, 2007 (Noon
November 7, 2007
October 15,2007 (Noon)
November 20, 2007
November 5, 2007 (Noon)
December 4, 2007
November 19,2007 (Noon)
o
-..J
(J')
rr1
-0
N
en
NATURE OF
AGENDA ITEM
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o
o
o
[8J
Code Compliance & Legal Settlements
Public Hearing
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o
o
o
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Announcements/Presentations
Administrative
Consent Agenda
City Manager's Report
New Business
Legal
Unfinished Business
N
.s:-
RECOMMENDATION: Please place this request on the October 16, 2007 City Commission Agenda under
Public Hearing. The Planning and Development Board on September 25, 2007, recommended that the request be denied.
For further details pertaining to this request, see attached Department Memorandum No. 07-079.
EXPLANATION:
PROJECT:
AGENT:
DESCRIPTION:
Makrista Baby (ADAP 07-002)
Michael S. Weiner, Weiner & Aronson, P.A.
Request for appeal of the administrative determination that the subject use, Makrista
Baby, is not similar to a tailor and dressmaker, and therefore not an allowed use within
the C-l Office and Professional Commercial Zoning District.
PROGRAM IMPACT:
FISCAL IMPACT:
ALTERNATIVES:
Deve
J /} rVf.sL,
~"', Signa"'"
Assistant to City Manager ~
Pianning and Z ng Director City Attorney / Finance
S:\Planning\SHARED\WP\PROJ CTS\Makrista Baby ADAP\Agenda Item Request Makrista Baby ADAP 07-002 10-16-07.doc
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
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,~-2007 01 :43PM FROM-WEINERARONSON +
WEINER & ARONSON, P.A.
ATTORNEYS AT LAW
VIII.-PUBLIC HEARING
ITEM A.
ADDITIONAL INFORMATIO
The Clark House
102 North Swinton Avenue
Delray Beach, FL 33444
Telephone: (561) 265-2666
TeJecopier: (561) 272-6831
E-mail: jmankoff@zonelaw.com
i "._..'....,
OCT I 5 2007
L ' "'-.I.~. ::--." 'I "': '" 0
't'l;,-_.'IJ" fl";!
lC"\!\;.: f')~- PI
MICHAEL S. WEINER
CAROLEJ.ARONSON
JASON S. MANKOFF
KERRY D. SAFIER
October 15,2007
Via Hand-Delivery & TelcoDier
Mr. Michael Rumpf, Director
Planning and Zoning Department
City of Boynton Beach
100 East Boynton Beach Boulevard
Boynton Beach, Florida 33435
Re; Makrista Baby
Our File No.: MABA002
Dear Mike;
We respectfully request a postponement of Item No. VIII (A) on the Tuesday, October
16, 2007 City Commission hearing for the above-captioned matter until the first City
Commission hearing in November 2007.
Thank you very much for your consideration. Please let me know if this can be approved
prior to the City Commission hearing.
son . Mankoff
. \If
Cc: Ms. Kristy B. Golden
Ms. Stacy Beck
Michael S. Weiner, Esquire
O:\MABA002\Lener La MIchael Rumpfre poSt/lonemem. Ocrober 15. 2007.doc
(((
DEPARTMENT OF DEVELOPMENT
PLANNING AND ZONING
Memorandum PZ 07-079
TO:
Chairman and members
Planning & Development Board
Community Redevel~ent Agency Board
~) . ~0-.
Michael Rumpf vJJ. .
Planning & Zoning Director
August 3,2007
FROM:
DATE:
RE:
Makrista Baby (ADAP 07-002)
Appealing administrative determination that use is not permitted in the C-1
Zoning District
BACKGROUND
On June 4,2007, the city received a letter from Jason Mankoff, attorney with the firm of Weiner
& Aronson, P A representing a request for zoning determination, or alternatively stated, a
similarity of use request (see Exhibit "A"). More specifically, the letter requested that a business
named "Makrista Baby" be found similar to a tailor and dressmaker, which are personal services
listed as conditional uses under item "s" of Section 6.A. C-l, Office and Professional
Commercial District (see below).
"s. Barber shops, beauty salons, manicurists, tailors and dressmakers. * "
Based on this alleged similarity, Mr. Mankoffrequests that the subject use be construed as an
allowed use within the City's C-1, Office & Professional zoning district. Justifications provided
to support the request emphasized customer traffic and the principal business activity of altering,
adapting and embellishing clothing. It was also stated that the company's processes include using
digital photography and computer equipment to photograph or enhance the product line, which
would also be similar to another allowed use in the C-1 district, Photography studio services.
On June 15th, after conducting the appropriate review, staff replied in writing to the above-
described request (see Exhibit "B"). Staff denied the request that the subject use be determined
similar to a tailor or dressmaker, based on the findings that the subject use possesses
characteristics that are clearly commercial in nature, and therefore would be categorized as a
retail and wholesale use accommodated by the City's commercial zoning districts rather than the
office and professional district.
In a letter dated June 27,2007, Mr. Mankoff appealed the staff determination thereby requesting
that the matter be reviewed by the Boards and Commission (see Exhibit "e'). The City's Land
Development Regulations, Part III, Chapter 1.5, Section 4.1 (E)(3) provides for the review of
appeals of the decisions of an administrative official, by individuals who may be affected by any
decision of an administrative official interpreting any zoning ordinance. The only procedural rule
Makrista Baby (ADAP 07-002)
Page 2
stated in the LDRs is that the appeal be made within 30 days from the date of the administrative
action. The subject appeal has been filed consistent with this requirement.
FINDINGS AND ANALYSIS
The staff analysis on which the original determination was based, concentrated on the following:
1. The intent and nature of the C-1 zoning district;
2. The characteristics of the targeted personal services category; and
3. The predominant retail component of the subject business.
Section 6.A of the city's zoning regulations describes the intent ofthe C-1 zoning district to
". . . provide appropriate space for office and professional uses, located to provide ready access to
such services to all.". The C-1 district includes the following uses (paraphrased):
churches pharmacies
financial institutions medical supplies
funeral homes (crematorium*) eyeglasses and hearing aids
government facilities professional and business offices
hospitals veterinary offices and clinics
doctors and dental offices nursery schools*
schools restaurants ancillary to an office building*
tutoring for office occupations and barber shops, beauty salons, manicurists,
academics (> 1,999 sq .ft. *) tailors and dressmakers*
copying service and print shops dentallabs*
photography studios services (excluding nursing homes
retail sales of supplies and accessories)
(Note: conditional uses are identified with the "*")
Intent and Nature of C-1 Zoning District
The above table represents an array of use category that primarily involve office, professional
and medical businesses or facilities. Furthermore, it should be emphasized that those uses that
include retail sales as a principal use are directly related to the medical industry or provide a
related and necessary professional service such as that required in connection with the purchase
of eyeglasses or hearing aids. Such uses are limited to pharmacies, medical supplies, eyeglasses
and hearing aids. The list above also includes unique uses that are typically accommodated in
many zoning districts based on zoning practice, law and compatibility. Such uses are unique to
other uses and easily distinguished by performance, peak activity, and/or relationship with
patrons or employees of the other uses in the district.
In contrast, the C-2, Neighborhood Commercial district in the "zoning pyramid" is the first
district that introduces retail as a principal use. The first five use categories listed under the C-2
district involve merchandise that includes auto parts, camera equipment and supplies, furniture
and home furnishings, flowers, and bicycles. This zoning district also allows clothing, clothing
accessories and shoes if the store is less than 10,000 square feet. These and the remainder of uses
Makrista Baby (ADAP 07-002)
Page 3
allowed in the C-2 zoning district consist of retail sales as a principal use and have specific lines
of merchandise.
Characteristics of Personal Service Use Category
It is traditional and typical for uses such as barber shops and other "personal services" to be in
close proximity to business offices. This category also includes specialized services such as
tailors and dressmakers. Given the nature and characteristic of the category, to provide one-on-
one service to patrons, a "dressmaker" excludes larger-scale textile operations that are otherwise
limited to districts that allow manufacturing. The business within this personal service use group
provide services to individual customers as a principal use, and only sell retail products as
accessory to the principal use. Any equipment used by tailors and dressmakers are solely
intended for performing a service on the individual materials that are brought by the customer.
Makrista Baby - Retail Sales as Principal Use
In contrast, the Makrista Baby business, as described in Mr. Mankoffs letter dated June 4th, " is
a company whose primary business is that of a small children's clothing line". The customers are
described as "currently small, high-end children's boutiques across the country". This statement
also describes the operation as a wholesale business. According to the company's web site, the
product line consists of clothing intended for babies to toddlers (i.e. sizes zero (0) to 24 months),
and generally include "T" -shirts, "yoga" pants, leggings, bibs, cardigans "onesies" and hats. The
clothing is marketed with an artistic theme represented by different images, designed by the
merchants using elements such as animals, instruments, and foods. The clothing product is not
provided by the customer, but is the merchandise manufactured by the company. It is understood
that the clothing is manufactured offsite. Consistent with information provided in the website,
Mr. Mankoffs letter also describes the operation as follows: "They embellish already
manufactured articles of clothing by dying, adding heat pressed images to the fabric, or sewing
on patches.". Furthermore, the operation is described as using equipment that is typically a part
oflight to heavy commercial operations allowed in the C- 3, C-4 or M -1 zoning districts.
The narrative provided above describes what is known typically as a boutique retailer, which
provides a special retail product unique to that provided by national or other large retailers.
Lastly, staff recognizes that it is common today for many uses to have increasing electronic
business using the internet. However, the subject business also accommodates walk-in
customers, and does not operate to reduce walk-in customers accordingly. Therefore, this review
has not accounted for "e-commerce" and any suggested reductions in site impacts or
performance.
CONCLUSIONS/RECOMMENDA TIONS
Staff recommends that the appeal be denied, and that the staff determination regarding the
dissimilarity between the proposed business and the use "tailors and dressmakers", as allowed in
the C-l Zoning District, be upheld. This recommendation is based, in part, on the following:
1. The subject use, Makrista Baby, consists of a principal use that is clearly a retail
operation marketing a product line consisting of baby and toddler clothing;
2. Except for commercial or industrial businesses, to accurately assess compatibility and
relationship with adjacent businesses, performance (i.e. type of patron or vehicle traffic).
Makrista Baby (ADAP 07-002)
Page 4
and consistency with local zoning regulations, uses are evaluated primarily based on the
service or products provided rather than solely on the equipment or processes used;
3. The C-l zoning district is not intended for retail businesses except for those uses related
to the medical or health industry; and
4. There are other districts clearly intended for the subject use including the C-2, C-3, C-4
and PCD zoning districts.
Lastly, consideration should also be given to an inevitable consequence if this appeal is
approved. A finding of similarity between the subj ect use and C-l zoning district, could support
the approval of similar appeals subsequently filed, and ultimately weaken the definitions and
interpretations that differentiate the C-l zoning district from other districts that allow retail and
commercial uses. This action could affect use compatibility, availability of land for the intended
businesses and present a challenge to meeting the more intensive parking requirements for
retail/commercial uses.
MR
Attachments
S :\Planning\SHARED\ WPIPROJECTS\Makrista Baby ADAPlstaff report. doc
I ~_ EXHIBIT A
VVEINER & ARONSON9 P,Ao O!rfll!: ~>----___
ATTORNEYS AT LAW // ; ""<":'<,, .'
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The Clark House
102 North Swinton Avenue
Delray Beach, FL 33444
Telephone: (561) 265-2666
Telecopier: (561) 272-6831
E-mail: jmankoff@zonelaw.com
4
c3~]ffV\
MICHAEL S. WEINER
CAROLEJ.ARONSON
JASON S. MANKOFF
KERRY D. SAFfER
SHAYNA M. REITMAN
June 4, 2007
Via Hand Delivery
Mr. Michael Rumpf, Director
Planning and Zoning Department
City of Boynton Beach
100 East Boynton Beach Boulevard
Boynton Beach, Florida 33435
,1-"
'~:iff fll;
Re: Similarity of Use
Our File No.: MABA002
Dear Mike:
Pursuant to the City of Boynton Beach ("City") Code of Ordinances, we are
requesting a similarity of use within the C-1 Office and Professional Commercial District.
Within the C-1 zoning district, tailors and dressmakers are allowed as a conditional use.
This letter will explain why we believe the proposed use is similar to a tailor and/or
dressmaker.
Makrista Baby is a company whose primary business is that of a small children's
clothing line. The operations would be located at 230-236 SE 23rd Avenue. They
embellish already manufactured articles of clothing by dyeing, adding heat pressed
images to the fabric, or sewing on patches. They would also like to silk-screen images
onto the clothing through the utilization of a manual five (5) screen print machine.
The majority of the clients of Makrista Baby are currently small, high-end
children's boutiques across the country. Business transactions take place over the
internet and telephone. However, Makrista Baby would also like the opportunity to sell
items created directly to clientele, as would be the case with a tailor or dressmaker.
The operations would include digital photography and illustrations using both
cameras and computers, possibly of children in the Makrista Baby line of clothing,
Photography studio services and developing/finishing of customer film is a permitted
Q\lv1ABA002\Leltei 10 ivlicl1ael Rumpf re slmi:arity of use. June" 2007 doc
Mr. f',,1ike Rumpf
June 4, 2007
Page 2 of 2
EXHIBIT A
use within the C-1 district. Thus, the activity of photographing children in their products
and creations is equivalent to this permitted use, as these photographs would not be
developed or sold for retail.
Makrista Baby is a specialized, low traffic, small business. Their activities are
similar to those of a dressmaker and tailor, as they are merely altering, adapting and
embellishing the clothing as it currently exists for specific clientele. Thus, the operations
of Makrista Baby should be permitted as a conditional use in the C-1 zoning district.
Additionally, if the similarity of use is granted, the use would still be subject to the
additional requirements for a conditional use, including approval by the appropriate City
Boards. This is simply small business owners wishing to conduct themselves in
accordance with the City ordinances, and thus are requesting a similarity of use in order
to do so.
S. Mankoff
:smr
Ms. Kristy Golden
Ms. Stacy Beck
Michael S. Weiner, Esquire
Shayna M. Reitman, Esquire
O:\fv1ABA002\Lelter to Michael Rumpf re similarity of use. June 4 2007,doc
EXHIBIT B
The City of Boynton Beach
DEVELOPMENT DEPARTMENT
PLANNING AND ZONING DIVISON
100 E. Boynton Beach Boulevard
P.O. Box 310
Boynton Beach, Florida 33425-0310
TEL: 561-742-6260
FAX: 561-742-6259
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www.boynton-beach.org
June 15,2007
Mr. Jason S. Mankoff
102 North Swinton Avenue
Delray Beach, FL 33444
Re: Similarity of Use - Malaista Baby and tailor/dressmaker in C-l
Weiner & Aronson, PA file: MABA002
Dear Mr. Mankoff:
Staff has reviewed your request to detennine if the above-referenced use is similar to a tailor and/or dressmaker,
allowing such use to be conditional in the C-l Zoning District pursuant to use item "s" within Section 6.A of the
City's Zoning Regulations. Item "s" is titled as follows:
"s. Barber shops, beauty salons, manicurists, tailors and
dressmakers. *"
Although the subj ect use may use similar equipment as a tailor or dressmaker, the principal aspects of the
businesses being compared differ; tailors and dressmakers are classified as personal services whereas the subject
use is interpreted principally as a retail or wholesale operation. Although if the use "dressmaker" were listed
individually in the city's zoning regulations, and not defined otherwise, it could be construed as a retaiVwholesale
business or even a manufacturing business. However, the "dressmaker", along with barber shops, beauty salons,
manicurists, and tailors are "personal services". Although such businesses may sell some products, that
component would be ancillary to the principal service use.
The interpretation used in this review for the subject business has been based, in part, on the descriptions taken
from the web site for Makrista Baby. You will see from this narrative, that a retail product is the foundation for
this operation. This business provides a product, rather than a service. To support this position, excerpts from the
subject web site have been included below:
Our garments are manufactured using only the highest quality fabrics and workmanship. We use only
ringspun 100% cotton yarns, chosen from selected cotton fields around the globe. After much research
we have found that the European combed cotton used in our clothing is the very softest available. This
provides our garments with the soft, plush feel you and your baby deserve.
Makrista Babv clothing is garment dyed using our own custom mixed dyes and finished with double
stitching and all seams have an overlock stitch to prevent unraveling.
And further:
We take pride in providing versatility by allowing our customers to choose anv Makrista Baby image and
apply it to any garment we carrY.
. Page 2
June 15, 2007
EXHIBIT B
And lastly:
100% Guarantee on all {!arments with factory defects when reported within 15 days of receipt.
As for the photographic component of the operation, based on your description and information provided on the
company's web site, I must assume that this is an ancillary aspect and has been reviewed accordingly.
In closing, if such businesses were interpreted as being consistent with the above-described personal service item,
this precedence would justify subsequent similar requests involving retail/boutique businesses and the C-l
Zoning District. Furthermore, if a comparison is based primarily on the equipment used, then other valuable
characteristics that comprise a given business would be excluded, and necessary for determining performance
characteristics and intended relationships with other businesses in a given district.
I trust I have adequately responded to your request. However, if you have any questions regarding this letter, or
additional infonnation that contrasts the findings or assumptions stated herein, please contact me. Unless personal
service characteristics are identified similar to those currently accommodated by the C-I district, I'm certain that
you would arrive at the same conclusion given your knowledge of and experience with local zoning regulations.
Sincerely,
2~
- - .
Michael Rumpf
Planning & Zoning Director
MR
cc: Maxime Ducoste Amedee
S:\Planning\SHARED\WP\CORRESP\Corresp M thru ZlMakrista Baby - Similarity of use (tailor and dressmaker).rtf
WEINER & ARONSON, P.A.
ATTORNEYS AT LAW
EXHIBIT C
The Clark House
102 North Swinton Avenue
Delray Beach, Florida 33444
Telephone: (561) 265-2666
Telecopier: (561) 272-6831
E-mail: jmankoff@zonelaw.com
MICHAEL S. WEINER
CAROLEJ.ARONSON
JASON S. MANKOFF
KERRY D. SAFIER
SHA YNA M. REITMAN
June 27, 2007
Via Hand Delivery
Mr. Michael W, Rumpf
Director of Planning & Zoning
City of Boynton Beach
100 East Boynton Beach Blvd.
Boynton Beach, Florida 33425
Re: Makrista Baby
Our File No.:MABA002
~~cg~o'W~@
JUN 2 8 2007
PLANNING AND
ZONING DEPT.
Dear Mike:
We are requesting a hearing before the City Commission to appeal your decisio:J
that the business operations of Makrista Baby are not a similarity of use to that of a
tailor/dressmaker, which are conditional uses in the C-1 zoning district pursuant to Section
6.A of the City's Zoning Regulations Item "s" is tilted as follows: "~So Barber shops. beauty
salons, manicurists, tailors and dressmakers." The property located at 230-236 SE 23rd
Avenue is within the C-1 zoning district.
We are authorized to make this request purs~nt to the Land Development
Regulations ("LDRs") of the City of Boynton Beach ("City") under Chapter 1, General
Provisions: Article VII, Appeals. Our Similarity of Use request dated .June 4, 2007 is
attached as Exhibit "A" and made a part of the record. Your response of June '15,2007 is
attached as Exhibit "B."
Since your decision was rendered on June 15, 2007, this request is timely filed
within fifteen (15) calendar days, as required by the LDRs. We are appealing this decision
because the operations of Makrista Baby are in fact a similarity of use to that of a
tailor/dressmaker. The terms "dressmaker" and "tailor" are not specifically defined in the
City's zoning regulations so they must be given their plain meaning.
The American Heritaqe Dictionary defines "dressmaker" as one that makes women's
clothing, especially dresses. Makrista Baby is making baby clothing. "Tailor" is defined as
one that makes, repairs and alters garments. Makrista Baby's business is the making or
altering of baby clothes. Roqet's New Millennium Thesaurus includes garment maker,
dressmaker, outfitter, clothier and seamstress as synonyms to tailor. The operations of
Makrista Baby primarily consist of images being applied to the already manufactured t-
shirts by a digital screen printing process or by sewing. This operation is similarto that of a
dressmaker and/or tailor in that garments are being altered or made. It is no different than
O:\MABA002\Letter to Mike Rumpf requesting Appeal, June 27, 2007.doc
Mr. Michael Rumpf
June 27, 2007
Page 2 of 2
EXHIBIT C
the embroidery of initials on a shirt of other garments to personalize it for its owner.
Enclosed please find a check in the amount of Seven Hundred Fifty and 00/100
($750.00) Dollars representing the fee required for this appeal. I understand that a survey
is not necessary for this type of appeal.
Please let me know the date of this appeal before the City Commission. We reserve
the right to present more evidence at the hearing.
Jason S. Mankoff
JSM:vf
Enclosure
Cc: James Cheraf, Esquire (w/enclosure)
Ms. Janet Prainito, City Clerk (via hand-delivery w/enclosure)
Ms. Kristy B. Golden (w/o enclosure)
Ms. Stacy Beck (w/o enclosure)
Michael S. Weiner, Esquire (w/o enclosure)
O:\MABA002\Letter to Mike Rumpf requesting Appeal, June 27, 2007.doc
_"'C,
OESCRtp lION: Request for relief from the Land Oe'fetopment
R_~I1IS,Ghapter 2. Zoning, SeOtiGm 11.E. SWimming
P0(l)ls, retiltlifli'11giN,;lmmum 'rear'set1RK:k of8'feetfrom
the prQpeity1ine ror the construatiotlof a swimming
p., ,t(!n.(Jwa'l'lear'~ef 1 feet, a vanilftce of 6
feet ~tne R-l-AASi",e-famt1y r~ar zoning
diSht~ct.
This ,ltemwas'130sttJoJiled to the October 231 2007 meeting at the request of Mark and Halli
Brisson.
B.
tail.
wJlAln
zoriilllg ,diStrict.
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detemltnation
",-rtoa
.." use
cGfllimercial
Chair Wlsdleread ,the a(i)pealand aSvised the a,,,licants were present.
JasGn '
~afd,
Baby.
" alDmev wltn "ttleflirm of Weiner & Ar'OJ'IlSOn, P .A'1 289 fi!J,. ~st
''';'oe was G1~m:g;on ~f dfMtchae1 S. Weiner, Esq. antllMrlsta
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entBoard
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oedenied aJ'lIdtilat1!Re staff GeLelminSlioA
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ptDd1ilct iinecol!lststt"Gf baby and
: 't 'blslmse"tG a~:aacess
were uitiedbased el1l l1e.sel1Yjcre of
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. 11Ilit!l~,
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ChairWisGllle~ tnepubUcAeaAl1g. NG one ftaving.mme forward, ~ichearing was
dosed.
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stacyBI!,*.:!N~ Saby, 43.1G-OViIJage ,Drive, DelravBeach, cGmmeABJthe;PlOOuet5
were ' > ,'maIti As tRewarmems were, , thepatoflles ~ ... The
reqtl rs'as'We11 as StGres. .1tw8dcdfJefiiH't$lZOndtJde
the walk..jns eSliDg ~"milde g~t WliJe also
accorrun!l"e~rs'frOmf:)tltidf ' "Feq~ 1';~ cuswm-maie garments.
" Makr~sta Baby, 4l1()-O \1i1l~e Drive, Delray Beach, pointe!l out the
~,rmt aooemmedi:lte l'O,oGOpietesat::tiie sIte.
otttlile lbusillles5':andi!J1tsCDneems, as C-l
(I:' " .' , ':llthe'4ocal
tile
, " l,wGWd,
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taflotatlUf,
',," ,.eve'Jhe~Simess,opera\\tl as.amantlfadllmer in ~,Of quantfty
, el1t:Wlthstalff, as"e"~evett!ihe :pm~t:1usewasstmlJar to a
,'they bad ,'RO ,I~ '.n..the business, and juSt 'felt 1m the
. '.-illV, me work 'COUld 'I'd 'be deme at
"~f~e.
"..'13be 'busmessmight beRiringrolllr or fiveempJoyees, most ,of whom
l'r;emise5.
,
, ''I., atttJ
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'. >1 ,~'~_~on.tAe
, ,Dk'eCt!Gr, dw8ed<Jittf stilff was sup~ of inCUbating
~"be S "effist.> ' ttusilAess!f~ 1t:w.asin a
The 'C-l .~, siied~a1 amlI' ,~SiGAClI
6
,'-'
Rat 'Services listed wer.e tAose"that supportecltltell
was, '~oe"<<:l slIj1Pettof ;p , ,ices.
. ' , ~1jff1tiatln0ch~icebl:Jttod~mine
Discussian em
district it '
apfJIied,tG '
as to w~etll1ler peJSGmal services were being provided within the C-1
. met s..ppe~~a!1 seMGeS, and 'the meAner in which this
, :.....m,
:;UQ,v,y.
Mr. Lis ccn.nSl\ltedon tile . limtteet.uses'witl1\n the zoning distAct.
to the
,was
'i!fC-l,!(It1blkt aAd
tiestmRartowhat
of ,J\heblHdAeSs. Mr.
~.
A 'sbOUkiJ',be conslderedfor Makrista :Baby in
y.
, dby ',the alf, aadthere were
elPest, a ""OJmv:iss~'might
Inibis Gille, 1UrtUs~iwere a
:it~Stg~"~~. ,~r"retail
. "MP~iate.
"r:'U~1C '.I"_IADt'.. .u.. :m"..
'"IlillJ: "'" ""'"ftIII""VJ :I,.,'h:~
:,n ~6tilftioA ofC-l ~
..sedifthe,appeat lwefe denied, the
, allGes.
.'to..S ,betWeeFt se~ .aAd retail.
'_~ats:;itdte"'c:t these
, , ' ."
S, :bltft ta 'tifile ptlIblic atlaltgle as welt
,~
Mr. casaiAe\m~thatthe'reC:.1ueStforappeal be approved. Mr. LissemAtlled1lhe motion.
ReII\~
,2-5, (ChairWisahe, 'Wee OIeir,Hay,Ms. .Jaskiewicz, Mr. BJehar, and Mr.
:rJ.
7
_~(Ii'~'''Ii~'''''~__
dl.....;j!!:I'~_
rI tnt' "p'
~, .' <q' , lW.
J~~-~'"'--"''''"'''''-~~_.'''""''''-''''''''--'-".~.
CITY OF BOYNTON BEACl
AGENDA ITEM REQUEST FOklvl
VIII.-PUBLIC HEARING
ITEM B.
Requested City Commission Date Final Form Must be Turned Requested City Commission
Meeting Dates in to Citv Clerk's Office Meeting Dates
0 August 21, 2007 August 6,2007 (Noon.) ~ October 16, 2007
0 September 4, 2007 August 20, 2007 (Noon) 0 November 7, 2007
0 September 18, 2007 September 3, 2007 (Noon) 0 November 20, 2007
0 October 2, 2007 September 17, 2007 (Noon) 0 December 5, 2007
Date Final Form Must be Turned
in to City Clerk's Office
October 1, 2007 (Noon
October 15, 2007 (Noon)
November 5, 2007 (Noon)
o
_1
(-')
:-, -.,
~=. -<.
0 AnnouncementslPresentations 0
NATURE OF 0 Administrative 0
AGENDA ITEM 0 Consent Agenda 0
0 Code Compliance & Legal Settlements 0
[8J Public Hearing 0
November 19, 2007 (N~
-0
N
0"'
....;:'.0
Legal
Unfinished Business
.r::-
o.
"")-T]
;~- ::0
'-"0
--<
.....
.-.
:.h~
o
,-==' :;z:
-nc:o
::!~
()~
~n
.......
---
City Manager's Report
New Business
-0
~#'
~
N
or:-
RECOMMENDATION: Please place this request on the October 16, 2007 City Commission Agenda under
Public Hearing. The Planning and Development Board on September 25,2007, postponed this item to their October 23rd
board meeting, per request from the applicant.
EXPLANATION:
PROJECT:
AGENT:
OWNERS:
LOCATION:
DESCRIPTION:
2514 SW 12th Street (Brisson) (ZNCV 07-006)
Mark and Holli Brisson
Mark and Holli Brisson
2514 SW 12th Street
Request for relief from the Land Development Regulations, Chapter 2. Zoning, Section
11. E. Swimming Pools, requiring a minimum rear setback of 8 feet from the property line
for the construction of a swimming pool, to allow a rear setback of 2 feet; a variance of 6
feet within the R-l-AA single-family residential zoning district.
PROGRAM IMPACT:
FISCAL IMPACT:
ALTERNATIVES:
kC'M 'S'
Ity anager sIgnature
o 6s~tt~ato g~ ~aEEf tNJJJ
3:Jli::H:J ~'i':;-:.. :.:
Planning and Zo' irector H'1\:1':7Q !til-'Y;~tl'oW~y/fP1ance
S:IPlanning\SHARED\WPIPROJEC S\2514 SW 12 Street-SrissonlAgenda Item Reques('t5'~~~tf$l ~~n-=h4~.{jtIo()06.doc
S:\BULLETIN\FORMS\AGENDA lTEM REQUEST FORM.DOC
,~Ri*,
eAt.Bu.
S. ContiRIlfAiCations and AtlReum:ements
A. Planning and Zoning Report
1. RnaldispGsltion,oftRe August 28, 2007 Planning and Develo"ment Board
meeting A.getiJda items.
'!laMing sl1dQevek)pmemtDiFedDr, repmtadtBefo1bwJt3g :Kiems,previously
. . . _JT0vediVadl'li6n of'1!he Qty€'Bmm1s5ionat!tibe :geJ;tember
...GarJtmtssiGn meeting:
. The iJi\.zovartianceswere~. fer tRe fence ~andl ;aooessery buUding
witiltri/tiile'stae comer settiadk. Tl11s,ltem afso fltec!J.as 444 gft;f 11' Court.
· The,,8at1VLeaJlmAg GeAter amritliooat uses_cation was approved for Dr. Gols
p~ orr'5Gynton ~lJeac..filemJevard.
. A150'~wed werethemGl9lje ve~ unlt and .d1MGkee hut ordinances reviewed
by the ibGardpertcnning totWG .teJt. Mlems 'in tile ~rewuialllons.
6. .....
None.
Attorney Alexander administered the oath to all who woufG be testifying.
7...11~
A.
)
1.
PROJECT:
AGENT:
OWNER:
LOCATION:
.._~,,-"...'_tll1lt"(;.u.,.r...,
M~aJljtl*'. :
Marik aMt:~ ;,
2:5'14 SW.1
2
~''"'_'''';'''''''''''''''_~_i!><~~~_'____,_~___"_.__;.,,,,,......;..........,__,,,~,___-_""""'....;,.'...............;.,""."'....""'-..,_..,~_<,_..
DESCRIPTION: RetlJt:Jest fl)r reHef from the Land Oeve1opment
ulatiGns, Cbal3ter 2. Zoning, SedtlDfI l1.E. Swimming
p , ._i~g:amjmmurn rear^setbadkof8feet:from
thept;apel\VUne for ''the;col1stiruCtion ofa swlmming
pl)91,malGw'a "reat ':setilsdc of 2 ifeet, a valiance of 6
feEl Wiftn ^1lAe R-!:"J\ASin,e-ifamflv resklenlali z@nlng
district:.
This item was~pGstPoned to the October 23, 2007 meeting at the request of Mark aAd HolIi
Brlssoo.
B.
1.
Chair WJSdhe"r'ead ;theappeal and advised trne ap"ticants were present.
. a_mev WIth the firm dfWeiner&. Aronson, P iA'r 2t99 N.
.. ',lbe;was aPPeaPiAg onlEbatf :of MichaelS. Weiner, Esq. ani
3
In
XI. - NEW BUSINESS
ITEM B.
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned
Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office
0 August 21, 2007 August 6,2007 (Noon.) cgj October 16, 2007 October I, 2007 (Noon
0 September 4, 2007 August 20, 2007 (Noon) 0 November 7, 2007 October 15, 2007 (Noon)
0 September 18, 2007 September 3, 2007 (Noon) 0 November 20, 2007 November 5, 2007 (Noon)
0 October 2, 2007 September 17,2007 (Noon) 0 December 4,2007 November 19, 2007 (Noon)
NATURE OF
AGENDA ITEM
o Announcements/Presentations
o Administrative
o Consent Agenda
o Code Compliance & Legal Settlements
o Public Hearing
o City Manager's Report
cgj New Business
o Legal
o Unfinished Business
o
RECOMMENDATION:
Review City Manager performance.
EXPLANATION: The City Commission has completed individual evaluations of the City Manager's performance
using an evaluation form previously approved by the City Commission in 2006. The Commission's composite rating of the
City Manager was 4.05 out of a possible 5.0. This reflects a positive view of performance by the City Commission. The last
change in the City Manager's compensation was effective October 1,2005. The results of the evaluation and the request for
compensation changes are included in a draft resolution attached.
PROGRAM IMP ACT: This is a performance review for the City Manager.
FISCAL IMPACT: (Include Account Number where funds will come from) Funds for the City Manager's performance
review are available in the balance of the 2006-07 budget as the salaries fund in the City Manager's Office was $58,23 I
under budget. In 2007-08, sufficient funds are available for the requested salary adjustment.
AL TERNA TIVES:
Do not complete the evaluation at this time.
~
Department Head's Signature
City Manager's Signatur
Assistant to City Manager
Department Name
City Attorney / Finance
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM. DOC
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14 which
RESOLUTION NO. R07-
A RESOLUTION OF THE CITY OF BOYNTON
BEACH, FLORIDA, REAFFIRMING THE
APPOINTMENT OF KURT BRESSNER AS CITY
MANAGER OF THE CITY OF BOYNTON BEACH,
FLORIDA AND AUTHORIZING THE MAYOR AND
CITY CLERK TO EXECUTE AN ADDENDUM TO
THE EMPLOYMENT AGREEMENT ON BEHALF
OF THE CITY WITH KURT BRESSNER, AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Manager's Employment Agreement contains a provision
requires the Commission to conduct an annual review of performance. No
15 performance review was conducted for fiscal year 2005-06. A performance review for
16 fiscal year 2006-07 was conducted by the City Commission on October 16,2007; and
17 WHEREAS, the City Commission has reviewed comparable pay and benefit data
18 obtained from other Palm Beach County and regional municipalities and has taken that
19 data into consideration as part of the City Manager's evaluation; and
20 WHEREAS, the City Commission has determined that salary and benefit
21 modifications are to be made to the employment agreement between the City of Boynton
22 Beach and Kurt Bressner, City Manager, as set forth in the Amendment attached hereto as
23 Exhibit "A".
24 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION
25 OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
26
Section 1.
The foregoing "Whereas" clauses are hereby ratified and confirmed
27 as being true and correct and are hereby made a specific part of this Resolution upon
28 adoption hereof.
C:\Documents and Settings\bressnerk\Local Settings\Temporary Internet FiIes\OLKI2\Bressner Renewal 101507 (2).doc
Section 2.
The City Commission of the City of Boynton Beach, Florida
2 authorizes the Mayor and City Clerk to execute an Addendum to the Employment
3 Agreement between the City of Boynton Beach and Kurt Bressner, City Manager, a copy
4 of the Addendum being attached hereto as Exhibit "A".
Section 3.
This Resolution shall become effective immediately upon passage.
5
6
PASSED AND ADOPTED this _ day of October, 2007.
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28 Attest:
29
30
31
32 Janet M. Prainito, CMC
33 City Clerk
34
35
36
37 (Corporate Seal)
38
CITY OF BOYNTON BEACH, FLORIDA
Mayor - Jerry Taylor
Vice Mayor - Jose Rodriguez
Commissioner - Ronald Weiland
Commissioner - Mack McCray
Commissioner - Carl McKoy
C:\Documents and Settings\bressnerkILocal Settings\Temporary Internet Files\OLKI2\Bressner Renewal 101507 (2).doc
2
ADDENDUM TO EMPLOYMENT AGREEMENT
WHEREAS, the City Commission conducted a performance review of the City Manager
on October 16, 2007, and unanimously reaffirmed the appointment of Kurt Bressner as City
Manager of the City of Boynton Beach; and
WHEREAS, it is the desire of the City Commissioners, hereinafter called "Commission"
to provide certain benefit enhancements to the Employment Agreement entered into between the
City and Kurt Bressner, dated March 7, 2000;
NOW, THEREFORE, the Commission and City Manager agree as follows:
1. Sub-section 2.1 is deleted in its entirety and a new section 2.1 is added to
the agreement as follows:
2.1. Effective
Manager shall be increased to $
the annual base salary for the City
2. Sub-section 10.1 is amended as follows:
10.1. Except as provided herein, City Manager shall receive the same
vacation, sick leave, dental, health, disability, and hospitalization as are
granted to other managerial non-union employees of the City. The City
will purchase a term life insurance, insuring the life of the City Manager
for $200,000.00, effective November 1, 2007, in lieu of any life insurance
benefit provided to other City employees.
2. Each and every other paragraph of said Employment Agreement dated March 7,
2000, not specifically herein amended shall remain in full force and effect.
IN WITNESS WHEREOF, the City of Boynton Beach, Florida has caused this
Agreement to be signed and executed in its behalf by its Mayor and duly attested to by its City
Clerk on the _ day of , 2006.
CITY OF BOYNTON BEACH, FLORIDA
Witness
Witness
Mayor
Dated:
Witness
Kurt Bressner
Dated:
Witness
Approved as to Form:
ATTEST:
James A. Cherof, City Attorney
City Clerk
C\Documcllts and Settillgs\brcssnerk\Local Settings\Temporary InterneQFiles\OLK] 2\Bressner Addendum 10 1507doc
ADDENDUM TO EMPLOYMENT AGREEMENT
WHEREAS, the City Commission conducted a performance review of the City Manager
on October 16, 2007, and unanimously reaffirmed the appointment of Kurt Bressner as City
Manager of the City of Boynton Beach; and
WHEREAS, it is the desire of the City Commissioners, hereinafter called "Commission"
to provide certain benefit enhancements to the Employment Agreement entered into between the
City and Kurt Bressner, dated March 7, 2000;
NOW, THEREFORE, the Commission and City Manager agree as follows:
1. Sub-section 2.1 is deleted in its entirety and a new section 2.1 is added to
the agreement as follows:
2.1. Effective the annual base salary for the City
Manager shall be increased to $ based on the results of
the performance review. Effective , the annual base salary
for the City Manager shall be increased to $ based on
the results of a market survey of City Manager positions in Palm Beach
County.
2. Sub-section 10.1 is amended as follows:
10.1. Except as provided herein, City Manager shall receive the same
vacation, sick leave, dental, health, disability, and hospitalization as are
granted to other managerial non-union employees of the City. The City
will purchase a term life insurance, insuring the life of the City Manager
for $200,000.00, effective November 1,2007, in lieu of any life insurance
benefit provided to other City employees.
2. Each and every other paragraph of said Employment Agreement dated March 7,
2000, not specifically herein amended shall remain in full force and effect.
IN WITNESS WHEREOF, the City of Boynton Beach, Florida has caused this
Agreement to be signed and executed in its behalf by its Mayor and duly attested to by its City
Clerk on the _ day of .2006.
CITY OF BOYNTON BEACH, FLORIDA
Witness
Witness
Mayor
Dated:
C\DOClIIllCllts and Settillgs\bressnerk\My DOClIlllellts\Bressller Addelld@n ] 0] 507 (2)Rev.doc
Witness
Kurt Bressner
Dated:
Witness
Approved as to Form:
ATTEST:
James A. Cherof, City Attorney
City Clerk
C\DOClllllents and Settillgs\bressnerk\My DOCllments\Bressner Addend(Bn 101507 (2)Revdoc
The City of Boynton Beach
OFFICE OF THE CITY MANAGER
100 E Boynton Beach Boulevard
P.O. Box 310
Boynton Beach, Florida 33425-0310
City Managers Office: (561) 742-6010
FAX: (561) 742-6011
e-mail: bressnerk@ci.boynton-beach.n.us
www.boynton-beach.org
To:
From:
Date:
Subject:
Mayor Taylor
Vice-Mayor Rodriguez
Commissioner McCray
Commissioner McKoy
Commissioner Weiland .,) (). I p/J
Kurt Bressner, City Manager X~fP'"
October 14,2007
City Manager Evaluation
Thank you for completing the evaluation form. Per the request of a member of the City Commission
I have prepared a supplemental packet of the completed forms by everybody along with a copy of my
self-evaluation form. Also included in that packet is a summary form showing the comparison of the
individual markings, average scores and my self-evaluation.
After I received the evaluation forms and your comments, I reviewed my evaluation and made one
change downward on one item. My overall score was slightly lower than the average score by the
Commission as a whole.
The consensus evaluation was 4.05 out of 5.0 or Meets Expectations. The low overall score was
3.31 (Satisfactory) and the high overall score was 4.87 (Meets/Exceeds Expectations). My self-
evaluation score was slightly lower at 3.97 (Meets Expectations).
This was the first year that the City Commission used an evaluation instrument.
My current pay is $147,700. The last time it was adjusted was February 2006 for the period ending
September 30, 2005.
Salary Request and Benefit Change Request:
I request that my salary be increased in a two-step process without retroactive pay:
For the period from October 1, 2005 to September 30, 2006 I request an increase of 3% from
$147,700 to $152,131. There would be no retroactive-pay.
For the period from October 1, 2006 to September 30, 2007, I request an increase of 3% from
$152,131 to $156,694. There would be no retroactive pay.
Both requests represent the composite view of the City Commission's performance evaluation.
Increase term life insurance from current level of$50,000 to $200,000 effective November 1,2007.
No changes in deferred compensation - currently at $14,810
No changes in auto allowance - currently at $5,400 or $450/mo.
In terms of budget funds available. As of September 30, 2007, the regular pay account in the City
Manager's Budget was $58,231 under the budget allocation. The overall budget for the City
Manager's Office was $63,672 under budget. (Note: Citywide the General Fund is projected to be
$3.1 M under projected expenses as of September 30,2007).
Performance Goals
The shift to the evaluation form in 2006 moved us away from specific goals or objectives. I would
like to prepare a list of goals for 2007-08 based on discussion with members of the new City
Commission and present this at the first meeting in 2008 for Commission review and approval. This
would be in addition an evaluation form. In the past the goals were "projects." While this is fine, I
think a more strategic approach that melds Commission-based goals and long-term operational and
community initiatives would be an improvement. We have good reference points in terms of your
ideas, the Boynton Assembly Process, my ideas and the approved budget goals.
Market Adjustment Effective January 1,2008
My current salary, according to the June 2007 survey conducted by the Town of Jupiter is the second
lowest of the communities surveyed. This is based on two surveys attached as exhibits. Since the
time the surveys were completed, the Jupiter Town Manager salary was increased from $156,000 to
$166,000, retroactive to June 1,2007. In addition, recently the City of Lake Worth upped their City
Manager Salary from $130,525 to $170,000 effective November 2007. I am requesting that the
base salary for the City Manager be increased to $165,000 effective January 1,2008. This will move
the salary from near the bottom closer to the midpoint. For budget purposes, the approved budget
for 2007 -08 has allocated $163,191 for the City Manager's salary. This amount is off set by the fact
that the new Assistant City Manager will probably not start until December. The monthly salary
savings from that position is about $15,800 based on an assumed annual salary of $95,000 (two
months at $7,900/mo). Therefore there are sufficient funds in the 2007-08 budgetto accommodate
this requested market adjustment, effective January 2008 as well as the salary increase request.
Cc: James Cherof, City Attorney
Carisse LeJeune, Assistant to City Manager
Exhibits to Report:
1. Summary of 2007 City Commission Evaluation Tabulation
2. Town of Jupiter Salary and Benefits Survey, June 2007
3. PEPIE City Manager Salary Survey 2006
4. Reap of City Budget Results 2006-07 for City Manager's Office and General Fund
5. Recap of salary, benefit and market adjustment request and salary/benefit history
6. 2005-07 City Manager Evaluation Form
America's Gateway to the Gulfstream
2
~hibit 1: City ManaQer Evaluation Recap 2007 I
1------ t---- Comm. Comm. Mavor Vice-Mayor Comm. Commission
1-- Weiland McCray Taylor Rodriauez McKoy Total Average CM Self
Item # Item Description
I. Organizational Mat
1 Leadership 4 2.5 5 4 4 19.5 3.9 4
2 Supervision 4 3 5 4 4 20 4 4
~ Job Oraanization 4 3 5 4 4 20 4 5
4 Staff Development 4 2.5 4 4 4 18.5 3.7 4
~. Sub-Total Average 4 2.75 4.75 4 4 19.5 3.9 4.25
--
/I. Fiscal/Business Mgt
5 Budaet 3 3 5 4 4 19 3.8 4
6 Aaendas 4 4 5 4 4 21 4.2 4
7 Financial Reporting 3 3 4 3 4 17 3.4 3
8 Manaaina Multiple Priorities 4 3 5 4 4 20 4 4
9 Productivity 4 4 5 4 4 21 4.2 4
1--- Sub-Total Averaae 3.6 3.4 4.8 3.8 4 19.6 3.92 3.8
/II. Proaram Deve/oDment/Fo/low- Throuah
1-_ 10 Execution of Policy 4 3 5 4 4 20 4 4
11 Proaram Development 4 3 5 4 4 20 4 4
12 Imaginationllnitiative 4 3 5 4 4 20 4 4
-- Sub-Total Average 4 3 5 4 4 20 4 4
IV. Communication
13 Communication 4 4 5 4 4 21 4.2 4
14 Reportina 4 4 5 4 4 21 4.2 4
15 Commission Communication 4 4 5 4 4 21 4.2 4
1--_16. Written Communication 4 5 5 4 4 22 4.4 4
Sub~J.<>till Averaae 4 4.25 5 4 4 21.25 4.25 4
-----------
._~ RelationshiD with the Mavor/Commission
V.
17 Response to Commission 3.5 2.5 5 4 3 18 3.6 4
-------. ~ I
---
VI. Long Range Planning
18 ,Strateaic Planning 4 3 5 4 4 20 4 4
---. 19 Economic Development 4 4 5 3 4 20
4 3
20 Multi-Year Capital Planning 4 4 5 4 4 21 4.2 4
~,---- Sub-Total Average 4 3.67 5 3.67 4 20.33 4.07 2.75
VI/. Relationship with Public/Public Relations
21 Media Relations 4 3 4 4 4 19 3.8 4
22 Community Reputation 4 2.5 5 4 4 19.5 3.9 4
Sub-Total. Average 4 2.75 4.5 4 4 19.25 3.85 4
VII/. Intergovernmental Relations
23 I ntergovernmental Relations 5 4 5 5 5 24 4.8 5
c---
IX. Professional/Personal DeveloDment
24 Objectivity 3 3 5 3 4 , 18 3.6 3
25 Professional Reputation 4.5 5 5 4 5 23.5 4.7 4
_ 26 Stress Management 4.5 3 4 4 3 18.5 3.7 4
____~__-D'ub-Total Average 4.00 3.67 4.67 3.67 4.00 20.00 4.00 3.67
---_._~-_._---~~
X. Personal Attributes :
----------- - 3 4 4
__.J.z..~ Leadership S~____.~_ 4 4 19 3.8 4
28 General Attitude 5 4 5 4 4 22 4.4 4
29 I Drive 5 4 5 5 4 23 4.6 5
I-_~O_ 'Judgment and Decisiveness 4.5 4 5 4 i 4 21.5 4.3 , 4
31 ' Intearitv 4 2.5 5 4 3 18.5 3.7 4
32 Self-Assurance 4.5 3 5 4 4 20.5 4.1 4
Sub-Total Average 4.5 3.42 4.83 4.17 3.83 20.75 4.15 4.17
XI. Overall Performance Impression 4 3 5 4 4 20 4 4
Total Score 44.60 36.40 53.55 44.30 43.83 222.68 44.54 43.63
Combined Average 4.05 3.31 4.87 4.03 3.98 20.2 4.05 3.97
...
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CITY OF BOYNTON BEACH
CITY MANAGERS
PERFORMANCE EVALUATION
FOR
DATE
NAME OF EVALUATOR:
ANNUAL EVALUATION PROCESS:
1. The Mayor and each City Commissioner is requested to complete the evaluation form
based on hislher assessment of the City Manager in ten major areas of responsibility that
include a total of 32 specific performance measures. An "Overall Impression" rating and
six (6) comment "fill-in" areas are also included.
2. The Mayor and each City Commissioner shall discuss the evaluation individually with the
City Manager. Preliminary scores may be adjusted as a result ofthe discussion. There is
a "Comments" section below each question for clarification purposes, if necessary.
3. A composite Ratings Summary Chart shall be prepared by the City Manager and provided
to the City Commission. (The detailed rating sheets of the other Commission members
will be provided when requested.)
4. The performance evaluation shall be reviewed at a Commission meeting at which point
the City Commission shall consider an increase in the Manager's compensation.
INSTRUCTIONS
Ratin2 Scale: Each question is followed by a rating scale. Raters may circle the selected
performance indicator ( 1, 2, 3, 4 or 5) or place an "X" along with a numerical score on the
rating scale line when you feel a rating falls between two whole numbers. There are 32
listed performance indicators in the ten major performance categories on the pages that
follow:
1 = Unsatisfactory, poor, needs substantial improvement = VERY DISSATISFIED
2 = Below expectations, needs improvement = MARGINAL
3 = Satisfactory, okay, meeting an acceptable performance level = SATISFIED
4 = Meeting expectations, very good = MORE THAN SATISFIED
5 = Exceeding expectations, excellent = VERY SATISFIED
Page 1 of 13
CITY MANAGER'S TEN MAJOR AREAS OF RESPONSIBILITY:
I. Organizational Management
1. Leadership: Does the City Manager motivate others to maximum performance? Is the
City Manager respected as demanding but fair? Is the City Manager providing the
necessary assistance to the Board and leadership to the City's staff and volunteers? Does
the City Manager get enthusiastic response to hislher new ideas and needed
organizational changes?
+ + + + +
1.0 2.0 3.0 4.0 5.0
Unsatisfactory Below Satisfactory Meets Exceeds
Expectations Expectations Expectations
COMMENTS:
2. Supervision: Does the City Manager adequately supervise and direct the activities of the
Department Heads and staff? Is the City Manager able to control the operational activities
of the City through others?
+ + + + +
1.0 2.0 3.0 4.0 5.0
Unsatisfactory Below Satisfactory Meets Exceeds
Expectations Expectations Expectations
COMMENTS:
3. Job Organization: Does the City Manager delegate responsibility effectively? Does the
City Manager use hislher time productively? Does the City Manager program activities in
an orderly and systematic way?
+ + + + +
1.0 2.0 3.0 4.0 5.0
Unsatisfactory Below Satisfactory Meets Exceeds
Expectations Expectations Expectations
COMMENTS:
Page 2 of 13
4. Staff Development: Does the City Manager appoint and train effective subordinates? Is
the City Manager able to recruit and retain quality employees? Is the Manager committed
to having City staff operate well as a team? Does he effectively develop Department
Heads and staff people?
+ + + + +
2.0
Below
Expectations
3.0
Satisfactory
4.0
Meets
Expectations
5.0
Exceeds
Expectations
1.0
Unsatisfactory
COMMENTS:
II. Fiscal/Business Management
5. Budget: Is the budget developed in a systematic and effective manner? Is the budget
proposal from the Manager reasonable and appropriate? Is the annual budget presented in
a timely manner and does it reflect a well-planned, realistic and accurate financial plan?
Does the City Manager carry out the budget satisfactorily and control expenses within the
levels set in the budget?
+ + + + +
1.0 2.0 3.0 4.0 5.0
Unsatisfactory Below Satisfactory Meets Exceeds
Expectations Expectations Expectations
COMMENTS:
6. Agendas: Does the Manager prepare comprehensive, relevant and complete agenda
topics and reports for the City Commission?
+ + + + +
2.0
Below
Expectations
3.0
Satisfactory
4.0
Meets
Expectations
5.0
Exceeds
Expectations
1.0
Unsatisfactory
COMMENTS:
7. Financial Reporting: Does the Manager provide periodic financial reports in a well-
designed, informative and understandable format?
+ + + + +
2.0
Below
Expectations
3.0
Satisfactory
4.0
Meets
Expectations
5.0
Exceeds
Expectations
1.0
Unsatisfactory
COMMENTS:
Page 3 of 13
8. Managing Multiple Priorities: Is the Manager capable of prioritizing and implementing
multiple priorities while considering the most important goals, objectives and tasks facing
the City?
+ + + + +
1.0 2.0 3.0 4.0 5.0
Unsatisfactory Below Satisfactory Meets Exceeds
Expectations Expectations Expectations
COMMENTS:
9. Productivity: Can the Manager be depended on for sustained productive work? Does the
Manager readily assume responsibility? Does the Manager meet time estimates within
hislher control?
+ + + + +
1.0
Unsatisfactory
2.0
Below
Expectations
3.0
Satisfactory
4.0
Meets
Expectations
5.0
Exceeds
Expectations
COMMENTS:
III. Program Development and Follow-Through
10. Execution of Policy: Does the City Manager understand and comply with the overall
policies, laws and philosophy of the City? Do hislher efforts lead towards successful
accomplishment of goals? Does the City Manager measure results against goals and take
corrective action?
+ + + + +
1.0
Unsatisfactory
2.0
Below
Expectations
3.0
Satisfactory
4.0
Meets
Expectations
5.0
Exceeds
Expectations
COMMENTS:
11. Program Development: Does the Manager translate polices and objectives into specific
and effective programs? Does the Manager independently recognize problems, develop
relative facts, formulate alternate solutions and decide on appropriate recommendations?
+ + + + +
1.0 2.0 3.0 4.0 5.0
Unsatisfactory Below Satisfactory Meets Exceeds
Expectations Expectations Expectations
COMMENTS:
Page 4 of 13
12. Imagination - Initiative: Does the City Manager show originality in approaching
problems? Does the City Manager create effective solutions? Is the City Manager able to
visualize the implications of various alternatives?
+ + + + +
2.0
Below
Expectations
3.0
Satisfactory
4.0
Meets
Expectations
5.0
Exceeds
Expectations
1.0
Unsatisfactory
COMMENTS:
IV. Communication
13. Communication: Does the City Manager keep appropriate people informed? Does the
City Manager present hislher thoughts in an orderly and understandable manner? Is the
City Manager able to be persuasive?
+ + + + +
2.0
Below
Expectations
3.0
Satisfactory
4.0
Meets
Expectations
5.0
Exceeds
Expectations
1.0
Unsatisfactory
COMMENTS:
14. Reporting: Does the City Manager submit accurate and complete staff reports on
schedule? Do the reports adequately convey information on the City?
+ + + + +
1.0 2.0 3.0 4.0 5.0
Unsatisfactory Below Satisfactory Meets Exceeds
Expectations Expectations Expectations
COMMENTS:
15. Commission Communication: Does the Manager provide the Commission with
adequate information to make decisions?
+ + + + +
1.0
Unsatisfactory
2.0
Below
Expectations
3.0
Satisfactory
4.0
Meets
Expectations
5.0
Exceeds
Expectations
COMMENTS:
Page 5 of 13
16. Written Communication: How effective are the Manager's letters, memoranda and other
forms of written information?
+ + + + +
1.0 2.0 3.0 4.0 5.0
Unsatisfactory Below Satisfactory Meets Exceeds
Expectations Expectations Expectations
COMMENTS:
V. Relationship with the Mayor/Commission
17. Response to Commission: Does the Manager respond in a positive way to suggestions
and guidance from the Commission? Is the Manager attuned to the Commissions'
attitudes, feelings and needs?
+ + + + +
1.0 2.0 3.0 4.0 5.0
Unsatisfactory Below Satisfactory Meets Exceeds
Expectations Expectations Expectations
COMMENTS:
VI. Long Range Planning
18. Strategic Planning: Does the Manager help develop effective goals, objectives, policies
and procedures while providing an annual work plan that advises of present and future
needs of the City?
+ + + + +
1.0 2.0 3.0 4.0 5.0
Unsatisfactory Below Satisfactory Meets Exceeds
Expectations Expectations Expectations
COMMENTS:
Page 6 of 13
19. Economic Development: Does the Manager demonstrate leadership and vision in
promoting the economic development of the City while maintaining concerns for "quality
of life" issues?
+ + + + +
1.0
Unsatisfactory
COMMENTS:
2.0
Below
Expectations
3.0
Satisfactory
4.0
Meets
Expectations
5.0
Exceeds
Expectations
20. Multi-Year Approach: Is the City Manager helping the City Commission to address the
City's future through multi-year planning and appropriate capital budgeting?
+ + + + +
1.0
Unsatisfactory
COMMENTS:
2.0
Below
Expectations
3.0
Satisfactory
4.0
Meets
Expectations
5.0
Exceeds
Expectations
VII. Relationship with Public/Public Relations
21. Media Relations: Is the Manager skillful in his dealings with the news media? Does the
City Manager properly convey the policies and programs of the City?
+ + + + +
1.0
Unsatisfactory
COMMENTS:
2.0
Below
Expectations
3.0
Satisfactory
4.0
Meets
Expectations
5.0
Exceeds
Expectations
22. Community Reputation: What is the general attitude of the community to the Manager?
Is the City Manager regarded as a person of high integrity and ability? Is his public
credibility an asset or liability to the City?
+ + + + +
1.0
Unsatisfactory
COMMENTS:
2.0
Below
Expectations
3.0
Satisfactory
4.0
Meets
Expectations
5.0
Exceeds
Expectations
Page 7 of 13
VIII. Intergovernmental Relations
23. Intergovernmental Relations: Does the Manager work effectively with federal, state,
and other local government representatives? Is the relationship with other local
government officials beneficial to the City? Is the City Manager able to facilitate
cooperative efforts among various local agencies and the City?
+ + + + +
1.0 2.0 3.0 4.0 5.0
Unsatisfactory Below Satisfactory Meets Exceeds
Expectations Expectations Expectations
COMMENTS:
IX. Professional/Personal Development
24. Objectivity: Is the City Manager unemotional and unbiased? Does the City Manager take
a rational and impersonal viewpoint based on facts and qualified opinions? Is the City
Manager able to divide his/her personal feelings from those which would most effectively
convey the City's interest?
+ + + + +
1.0 2.0 3.0 4.0 5.0
Unsatisfactory Below Satisfactory Meets Exceeds
Expectations Expectations Expectations
COMMENTS:
25. Professional Reputation: How does the Manager stand among his/her colleagues? Does
the City Manager deal effectively with other public managers? Is the City Manager
respected by professional and staff representatives of other cities and counties? Does the
City Manager attend and participate in seminars and conferences for professional
development?
+
1.0
Unsatisfactory
+
2.0
Below
Expectations
+
3.0
Satisfactory
+
4.0
Meets
Expectations
+
5.0
Exceeds
Expectations
COMMENTS:
Page 8 of 13
26. Stress Management: Is the Manager able to resolve problems under strain and
unpleasant conditions? How well does the Manager tolerate conditions of uncertainty?
Does the Manager respond well to stressful situations and adequately deal with the stress
inherent to the position?
+ + + + +
1.0 2.0 3.0 4.0 5.0
Unsatisfactory Below Satisfactory Meets Exceeds
Expectations Expectations Expectations
COMMENTS:
x. Personal Attributes
27. Leadership Style: Does the Manager display a leadership style that is firm, but flexible
and adaptable, while responding to individuals or situations in an appropriate, positive
manner?
+ + + + +
1.0 2.0 3.0 4.0 5.0
Unsatisfactory Below Satisfactory Meets Exceeds
Expectations Expectations Expectations
COMMENTS:
28. General Attitude: Is the City Manager enthusiastic? Cooperative? Willing to adapt?
Does the City Manager have an enthusiastic attitude toward the City, both professionally
and personally?
+ + + + +
1.0 2.0 3.0 4.0 5.0
Unsatisfactory Below Satisfactory Meets Exceeds
Expectations Expectations Expectations
COMMENTS:
Page 9 of 13
29. Drive: Is the Manager energetic and willing to spend the time necessary to do a good job?
Does the City Manager have good initiative and is the City Manager a self-starter? Does
the City Manager have good mental and physical stamina?
+ + + + +
1.0 2.0 3.0 4.0 5.0
Unsatisfactory Below Satisfactory Meets Exceeds
Expectations Expectations Expectations
COMMENTS:
30. Judgment and Decisiveness: Is the City Manager able to reach quality decisions in a
timely fashion? Are his/her decisions generally good? Does the City Manager exercise
good judgment in making decisions and in his/her general conduct?
+ + + + +
1.0 2.0 3.0 4.0 5.0
Unsatisfactory Below Satisfactory Meets Exceeds
Expectations Expectations Expectations
COMMENTS:
31. Integrity: Does the City Manager properly avoid politics and partisanship? Does the
Manager fulfill his/her responsibilities and duties in accordance with the ICMA Code of
Ethics? Is the City Manager honest and forthright in his/her professional capacities? Does
the City Manager have a reputation in the community for honesty and integrity?
+ + + + +
1.0 2.0 3.0 4.0 5.0
Unsatisfactory Below Satisfactory Meets Exceeds
Expectations Expectations Expectations
COMMENTS:
Page 10 of 13
32. Self-Assurance: Is the Manager self-assured of his/her abilities? Is the City Manager able
to be honest with himselflherself and take constructive criticism? Does the City Manager
take responsibility for mistakes which are his? Is the City Manager confident enough to
make decisions and take actions as may be required without undue supervision from the
Commission?
+ + + + +
1.0 2.0 3.0 4.0 5.0
Unsatisfactory Below Satisfactory Meets Exceeds
Expectations Expectations Expectations
COMMENTS:
OVERALL PERFORMANCE IMPRESSION:
+ + + + +
1.0 2.0 3.0 4.0 5.0
Unsatisfactory Below Satisfactory Meets Exceeds
Expectations Expectations Expectations
COMMENTS:
Strengths: Based upon your overall evaluation ofthe City Manager, what areas would
you list as herlhis strong points as a manager?
Improvements suggested: Based upon your evaluation, what areas would you suggest
the City Manager work on to improve his skills and to be more effective in
specific areas or situations?
Commendations: Area(s) of performance calling for praise/commendation
Page 11 of 13
1. What are the manager's most significant accomplishments during the past year?
2. What are the manager's strongest qualities?
3. What areas does the manager need to improve in? Recommendations.
4. Two things the manager does that you would like him to continue.
5. Two things the manager does that you would like him to discontinue.
6. Two things the Manager does not do you would like him to start.
Page 12 of 13
CITY OF BOYNTON BEACH
CITY MANAGER PERFORMANCE EVALUATION
SIGNATURE PAGE
Signature of Rater
Date
Performance Evaluation Conference
Signature of City Manager
Date
CITY MANAGER'S COMMENTS:
Page 13 of 13
Copies of Completed City Manager Evaluations 2007
1. Recap Sheet
2. City Manager Bressner - Self Evaluation
3. Commissioner Weiland
4. Commissioner McCray
5. Mayor Taylor
6. Vice-Mayor Rodriguez (note: requested a copy of self-evaluation and
used this form to complete evaluation)
6. Commissioner McKoy
XII. - LEGAL
DEVELOPMENT
ITEM A.l
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned
Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office
0 August 21, 2007 August 6, 2007 (Noon.) ~ October 16, 2007 October I, 2007 (Noon
0 September 4, 2007 August 20,2007 (Noon) 0 November 7, 2007 October 15,2007 (Noon)
0 September 18, 2007 September 3, 2007 (Noon) 0 November 20, 2007 November 5, 2007 (Noon)
0 Cctober 2, 2007 September 17,2007 (Noon) 0 December 4, 2007 November 19,2007 (Noon)
0 Announcements/Presentations 0 City Manager's Report
NATURE OF 0 Administrative 0 New Business
AGENDA ITEM 0 Consent Agenda ~ Legal
0 Code Compliance & Legal Settlements 0 Unfinished Business
~ Public Hearing 0
RECOMMENDATION: Please place this request on the October 16, 2007 City Commission Agenda under ::2
Public Hearing and Legal, Ordinance - Second Reading. The City Commission on October 2, 2007, approved thi@queit::2
under Public Hearing and Legal, Ordinance - First Reading. F or further details pertaining to this request, see attaatmd ~ c'
Department Memorandum No. 07-084. ~ D "T1
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Jeff Tomberg :- (")>
4th Street LLC - rrl~
East of the F.E.C. Railroad between SE 2nd Avenue and SE 4th Avenue (adjacent to 399-
417 SE 4th Street)
Request for abandonment of a portion of Railroad Avenue right-of-way approximately 30
feet wide by 484 feet long.
EXPLANATION:
PROJECT:
AGENT:
OWNERS:
LOCATION:
Railroad Avenue (ABAN 07-005)
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DESCRIPTION:
PROGRAM IMP ACT:
FISCAL IMP ACT:
ALTERNATIVES:
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City Manager's Signa~:.., I
Assistant to City Manager --U1!1L-
e or City Attorney / Finance
4th Street & RR ABAN\ABAN 07-005 RR Ave\Agenda 1tem Request Railroad Ave ABAN 07-005 10-16-
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
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ORDINANCE NO. 07- 08.'7
AN ORDINANCE OF THE CITY OF BOYNTON
BEACH, FLORIDA, AUTHORIZING ABANDONMENT
OF A PORTION OF RAILROAD AVENUE RIGHT-OF-
WAY APPROXIMATELY 30 FEET WIDE BY 484 FEET
LONG, LOCATED EAST OF THE F.E.C. RAILROAD
BETWEEN SE2ND AVENUE AND SE 4TH AVENUE
(ADJACENT TO 399-417 SE 4TH AVENUE), SUBJECT
TO STAFF COMMENTS; AUTHORIZING THE CITY
MANAGER TO EXECUTE A DISCLAIMER, WHICH
SHALL BE RECORDED WITH THIS ORDINANCE IN
THE PUBLIC RECORDS OF PALM BEACH COUNTY.
FLORIDA; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, Jeff Tomberg is requesting that the City abandon a 30 feet wide by 484
feet long portion of the Railroad Avenue right-of-way located east of the F.E.C. railroad
between Southeast 2nd Avenue and Southeast 4th Avenue (adjacent to 399-417 SE 4th Street),
subject to staff comments; and
WHEREAS, comments have been solicited from the appropriate City Departments, and
public hearings have been held before the City's Community Redevelopment Agency, and t1,.-,
City Commission on the proposed abandonment; and
I
I
WHEREAS, staff finds that the right-of-way no longer serves a public purpose, and thel
City Commission adopts that finding. .
i
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OFI
THE CITY OF BOYNTON BEACH, FLORIDA THAT:
Section 1. The foregoing Whereas clauses are true and correct and incorporated
herein by this reference.
II
Section 2. The City Commission of the City of Boynton Beach, Florida, does hereby
abandon a 30 feet wide by 484 feet long portion of the Railroad Avenue right-of-way located
east of the F.E.C. railroad between Southeast 2nd Avenue and Southeast 4th Avenue (adjacent to
399-417 SE 4th Street), subject to staff comments. The property being abandoned is morel
particularly described as follows:
That portion of Railroad A venue being described as bounded on the south by the
south line of Lot 6, Block "B" (extended westerly); bounded on the north by the
north line of Lot 3, Block "B" (extended westerly); bounded on the east by the west
line of Lots 3, 4, 5 and 6, Block "B"; bounded on the west by the east right-of-way
line of the Florida East Coast Railroad right-of-way, all as shown by the Plat on
S:\C rdJnances\Abandonmenls\Rallroad Avenue.doc
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Pence Subdivision No.1; as recorded in Plat Book 1, Page 33, of the Public Records
of Palm Beach County, Florida.
AND
That portion of Railroad Avenue being described as bounded on the south by the
south line of Lot 6, (extended westerly); bounded on the north by the north line of
Lot 5 (extended westerly); bounded on the east by the west line of Lots 5 and 6;
bounded on the west by the east right-of-way line of the Florida East Coast Railroad
right-of-way, all as shown by the Plat of Sunset Court; as recorded in Plat Book 11,
Page 29, of the Public Records of Palm Beach County, Florida.
Said lands lying in the city of Boynton Beach, Palm Beach County, Florida,
containing approximately 0.33 acre (14,503 square feet) more or less.
A location map is attached hereto as Exhibit "A."
Section 3. The City Manager is hereby authorized and directed to execute the
attached Disclaimer and cause the same to be filed, with this Ordinance, in the Public Records
of Palm Beach County, Florida.
Section 4.
This Ordinance shall take effect immediately upon passage.
FIRST READING this ~ day of OcTOBER, 2007.
S:\C rdlnanceslAbandonments\Railroad Avenue.doc
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SECOND, FINAL READING AND PASSAGE THIS
dav ot
2007.
CITY OF BOYNTON BEACH- FLORIDA
Mayor - Jerry Taylor
Vice Mayor - Jose Rodriguez
Commissioner - Ronald Weiland
Commissioner - Mack McCray
Commissioner - Carl McKoy
ATTEST:
i
I
Janet M. Prainito, City Clerk
(Corporate Seal)
! !
S:\CA rdinances\Abandonments\Railroad Avenue.ooc
DISCLAIMER
KNOW ALL MEN BY THESE PRESENTS that the City Commission of the City
of Boynton Beach, Florida, does hereby abandon a 30 feet wide by 484 feet long portion of
the Railroad Avenue right-of-way located east of the F.E.C. railroad between Southeast 2nd
Avenue and Southeast 4th Avenue (adjacent to 399-417 SE 4th Street), subject to staff
comments. The property being abandoned is more particularly described as follows:
That portion of Railroad Avenue being described as bounded on the south by the
south line of Lot 6, Block "B" (extended westerly); bounded on the north by the
north line of Lot 3, Block "B" (extended westerly); bounded on the east by the
west line of Lots 3, 4, 5 and 6, Block "B"; bounded on the west by the east right-
of-way line of the Florida East Coast Railroad right-of-way, all as shown by the
Plat on Pence Subdivision No.1; as recorded in Plat Book 1, Page 33, of the
Public Records of Palm Beach County, Florida.
AND
That portion of Railroad Avenue being described as bounded on the south by the
south line of Lot 6, (extended westerly); bounded on the north by the north line of
Lot 5 (extended westerly); bounded on the east by the west line of Lots 5 and 6;
bounded on the west by the east right-of-way line of the Florida East Coast
Railroad right-of-way, all as shown by the Plat of Sunset Court; as recorded in
Plat Book 11, Page 29, of the Public Records of Palm Beach County, Florida.
Said lands lying in the city of Boynton Beach, Palm Beach County, Florida,
containing approximately 0.33 acre (14,503 square feet) more or less.
IN WITNESS WHEREOF, the duly authorized officers of the City of Boynton
Beach, Florida, have hereunto set their hands and affixed the seal of the City this _
day of
ATTEST:
,2007.
CITY OF BOYNTON BEACH, FLORIDA
Janet M. Prainito
City Clerk
Kurt Bressner, City Manager
S:ICA lOrd; nanceslAbandonmentslRai I road Avenue .doc
STATE OF FLORIDA
)ss:
COUNTY OF PALM BEACH
BEFORE ME, the undersigned authority, personally appeared Kurt Bressner and
Janet M. Prainito, City Manager and City Clerk respectively, of the City of Boynton
Beach, Florida, known to me to be the persons described in and who executed the
foregoing instrument, and acknowledged the execution thereof to be their free hand and
deed as such officers, for the uses and purposes mentioned therein; that they affixed
thereto the official seal of said corporation; and that said instrument is the act and deed of
said corporation.
WITNESS my hand and official seal in the said State and County this _ day of
,2007.
NOTARY PUBLIC, State of Florida
My Commission Expires:
S :\CA \Ordl na nces\Abandonments\Rai I road A venue. doc
DEVELOPMENT DEPARTMENT
PLANNING AND ZONING DIVISION
MEMORANDUM NO. PZ 07-084
THRU:
Chair and Members
Community Redevelopment Agency Board
Michael W. RumpJy~
Planning and Zoning Director
TO:
FROM:
Kathleen Zeitler /(2,
Planner
DATE:
September 4, 2007
SUBJECT:
Abandonment of a segment of the 3D-foot right-of-way of Railroad Avenue
(adjacent to 399 - 417 SE 4th Street)
ABAN 07-005
NATURE OF REOUEST
Mr. Jeff Tomberg, agent for 4th Street LLC, is requesting to abandon a portion of Railroad Avenue, an unimproved
3D-foot right-of-way, located between SE 2nd Avenue and SE 4th Avenue. The applicant has assembled several
parcels in the area and is considering future development of a residential project. This unimproved right-of-way is
situated adjacent to six (6) parcels of land to the east (all owned by 4th Street LLe) and the Florida East Coast (FEe)
.ailroad to the west. The platted right-of-way subject to this specific request is 30 feet wide and approximately
483.46 feet long. It is described as follows:
That portion of Railroad Avenue being described as bounded on the south by the south line of Lot 6, Block "B"
(extended westerly); bounded on the north by the north line of Lot 3, Block "B" (extended westerly); bounded
on the east by the west line of Lots 3, 4, 5, and 6, Block "B"; bounded on the west by the east right-of-way line
of the Florida East Coast Railroad right-of-way, all as shown by the Plat on Pence Subdivision No.1; as
recorded in Plat Book 1, Page 33, of the Public Records of Palm Beach County, Florida.
And
That portion of Railroad Avenue being described as bounded on the south by the south line of Lot 6 (extended
westerly); bounded on the north by the north line of Lot 5 (extended westerly); bounded on the east by the
west line of Lots 5 and 6; bounded on the west by the east right-of-way line of the Florida East Coast Railroad
right-of-way, all as shown by the Plat of Sunset Court; as recorded in Plat Book 11, Page 29, of the Public
Records of Palm Beach County, Florida; said described property consisting of approximately 14,503 square feet
'or 0.33 acre.
The subject portion of the 3D-foot wide right-of-way was platted as Railroad Avenue and lies within the boundaries
of the Pence Subdivision No.1 Plat. The approved plat was recorded in Plat Book 1, Page 33 on March 25, 1910.
Typically a reversionary clause in the dedication of the plat dedicates to the perpetual use of the public the public
highways, streets, avenues, boulevards, and alleys shown on the plat, and reserves unto itself, its successors and
legal representative, the reversions or reversion of same, whenever abandoned by the public or discontinued by
N. The City makes no representation regarding the impact of the reversionary language on title to the adjacent
properties.
Page 2
Memorandum No. PZ 07-084
ABAN 07-005
Re-development or expansion of the adjacent property following abandonment requires the property owner l....
establish proof of clear title as a condition of re-development or expansion. The applicants have submitted a copy
of a title opinion (ownership and encumbrance report) for the subject property stating that the property adjacent to
the portion of Railroad Avenue to be abandoned is owned by the applicant and that the properties are currently free
and clear, and such abandonment of the property under public domain will not prevent other property owners from
access to and from their property, and no other property owners will be adversely affected by the abandonment.
Exhibit "A" - Location Map shows the general vicinity of the right-of-way to be abandoned. The Exhibit "B"-
"Proposed Abandonment" shows the exact location of the subject site and its legal description. The following is a
description of the land uses and zoning districts of all properties that surround the subject right-of-way.
North -
Unimproved Right-of-way for Railroad Avenue; and to the Northeast 301 SE 4th Street,
zoned Community Commercial (C-3);
South -
Unimproved Right-of-way for Railroad Avenue; and to the southeast a vacant parcel at
513 SE 4th Street, zoned Community Commercial (C-3);
Several parcels (399-416 SE 4th Street), including vacant commercial and multi-family
residential uses, zoned Community Commercial (C-3); and Right-of-way for SE 4th Avenue;
and,
East
West -
Right-of-way for the FEC Railroad, then farther west are single-family residences zoned.
R-1A (Single-family Residential).
BACKGROUND
The subject abandonment request is for a segment of the 30-foot unimproved Railroad Avenue right-of-way that
extends a distance of approximately 484 feet in the area of SE 4th Avenue. That segment of Railroad Avenue,
located immediately south of the subject right-of-way, was previously abandoned to the properties to the east (513
and 515 SE 4th Street) in October of 1994, by Resolution 94-171. In addition, a segment of unimproved Railroad
Avenue right-of-way running south to SE 5th Avenue was abandoned to the property to the east (415 SE 5th Avenue)
in July of 2005, by Ordinance 05-030.
ANALYSIS
When a right-of-way, such as this unimproved roadway, is abandoned, the ownership of the abandoned land is
transferred from the City of Boynton Beach to the abutting property owner(s). Typically, abandoned property is
divided in half, with fifty percent (50%) of the property transferred to the owner of each adjacent real property.
The applicant requesting this abandonment is the owner of all of the affected properties to the east and the FEC
Railway right-of-way lies immediately to the west of the property to be abandoned. Per the Palm Beach County
Property Appraiser's Mapping & GIS Department, a right-Of-way is not considered to be real property to which a
portion of abandoned property can be transferred. In addition, property to be abandoned, when located in a
platted subdivision, must remain within the boundaries of the plat. The subject Railroad Avenue is part of the plat;
however, the FEC Railway right-of-way pre-dates the plat, and is included on the plat only as an existing right-of-
way adjacent to the boundaries of the plat. Therefore, the entire width (30 feet) of the abandoned property would
be transferred to the applicant in accordance with standard procedures conducted by the County's Property
Appraiser's office. Adequate public notice was given to all affected property owners in accordance with Chapter 22,
Article III, Section 4 of the Land Development Regulations. All public utility companies have been notified and the
abandonment request has been advertised in the local newspaper,
Page 3
Memorandum No. PZ 07-084
ABAN 07-005
-\ summary of the responses from the utility companies and city staff is noted as follows:
CITY DEPARTMENTS! DIVISIONS
Engineering
Public Works / Utilities
Planning and Zoning
Approval with conditions (see Exhibit "C" - Conditions of Approval)
No objection
No objection
PUBLIC UTILITY COMPANIES
Florida Power and Light
BellSouth
Florida Public Utilities Co.
Cable (Adelphia/Comcast)
No objection
Approval with conditions (see Exhibit "C" - Conditions of Approval)
No objection
No objection
Excluding BellSouth, all public utility providers have indicated that they have no objection to the applicant's request
for abandonment. Both the Engineering Division and Bellsouth are requiring conditions of approval which must be
satisfied prior to future development of the applicant's property. Both the Engineering Division and Bellsouth would
'lave no objection to the proposed abandonment upon compliance with their specific conditions of approval.
RECOMMENDATION
Staff has determined that the subject right-of-way no longer serves a public purpose, and therefore is
recommending approval of the request to abandon the 3D-foot unimproved roadway as described above, subject to
the comments included in Exhibit "C" - Conditions of Approval. Any additional conditions recommended by the
Community Redevelopment Agency Board or City Commission will be placed in Exhibit "C" - Conditions of Approval.
S:\Planning\SHARED\WP\PROJECTS\SE 4th Avenue ABAN\ABAN 07-005 RR Ave\Staff Report.doc
Exhibit "A" - Location Map
ABAN 07-004, ABAN 07-005
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Joseph M. Tucker. P.LS.
EXHIBIT "B"
BOUNDARY SURVEYS
MORTGAGE SURVEYS
CONSTRUCTlON LAYOUT
219 S.E. 23rd AVENUE .' P.O. BOX 759 - BOYNTON BEACH, FLORIDA 33435
BOYNTON BEACH Phone (561) 737-6546 . Fax (561) 734;7546
PORTION OF RAILROAD AVENUE
AND S.E. 4 TH. AVENUE
TO BE ABANDONED
A PORTION OF RAILROAD AVENUE, AS RECORDED BY PENCE SUBDIVISION NO.1, IN PLAT BOOK 33, OF THE
PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, AND A PORTION OF S.E. 4 TH. AVENUE, AS RECORDED
BY THE PLAT SUNSET COURT, IN PLAT BOOK 11, PAGE 33, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA,
SAID LANDS TO BE ABANDONED ARE DESCRIBED AS FOLLOWS;
THAT PORTION OF RAILROAD A VENUE BEING DESCRIBED AS BOUNDED ON THE SOUTH BY THE SOUTH LINE OF
LOT 6, BLOCK "B", (EXTENDED WESTERLY); BOUNDED ON THE NORTH BY THE NORTH LINE OF LOT 3, BLOCK "B",
(EXTENDED WESTERLY); BOUNDED ON THE EAST BY THE WEST LINE OF LOTS 3, 4, 5, AND 6, BLOCK "B",
BOUNDED ON THE WEST BY THE EAST RIGHT OF WAY LINE OF THE FLORIDA EAST COAST RAILROAD RlGHT OF
WAY, ALL AS SHOWN BY THE PLAT OF PENCE SUBDIVISION NO.1; AS RECORDED IN PLAT BOOK I , PAGE 33, OF
THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORlDA.
AND
THA T PORTION OF RAILROAD A VENUE BEING DESCRlBED AS BOUNDED ON THE SOUTH BY THE SOUTH LINE OF
LOT 6, (EXTENDED WESTERLY); BOUNDED ON THE NORTH BY THE NORTH LINE OF LOT 5, (EXTENDED
WESTERLY); BOUNDED ON THE EAST BY THE WEST LINE OF LOTS 5, AND 6, BOUNDED ON THE WEST BY THE
EAST RIGHT OF WAY LINE OF THE FLORIDA EAST COAST RAILROAD RIGHT OF WAY, ALL AS SHOWN BY THE
PLA T OF SUNSET COURT; AS RECORDED IN PLAT BOOK 11, PAGE 29, OF THE PUBLIC RECORDS OF PALM BEACH
COUNTY, FLORIDA.
AND
THAT PORTION OF S.E. 4 TH. AVENUE BEING DESCRIBED AS BOUNDED ON THE SOUTH BY THE NORTH LINE OF
LOT 6 AND 7; BOUNDED ON THE NORTH BY THE SOUTH LINE OF LOT 4 AND 5; BOUNDED ON THE EAST BY THE
EAST LINE OF LOTS 4, AND 7, (EXTENDED); BOUNDED ON THE WEST BY THE EAST RIGHT OF,WAY LINE OF
RAILROAD A VENUE, ALL AS SHOWN BY THE PLAT OF SlJNSET COURT; AS RECORDED IN PLA TBOOK 11, PAGE
29, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA.
I HEREBY CERTIFY THAT THE DESCRIPTION AND THE AITACHED SKETCH OF DESCRIPTION WERE PREPARED IN
ACCORDANCE WITH THE SURVEYING STANDARDS, CHAPIER61G176, FLORIDAA:pMINIS1RATIVE CODE, SETFOR'fH,
BY THE FLORIDA BOARD OF PROFESSIONAL SURVEYORS AND MAPPERS, PURSUANt TO SECTION 472;027, FLORIDA;
STATUTES, AND IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF, UNLESS IT BEARS THE
SIGNATURE AND THE ORIG~AL RAISED SEAL OF A FLORIDA LICE,NSED SURVEYOR AND MAPPER., THIS DRAWING,
SKETCH, P AT OR MAP IS FOR INFORMATION PURPOSES ONLY AND IS NOT VALID
, .
':~
DATE I os; 67
ISTERED L SURVEYO NO. 3285
STAlE OF FLORIDA
$. f!!'e.,L / a;:' Z
LB 2102 .
Joe Tucker
. NOTE: TIJIS IS NOT A SKETCH OF SURVEY, BUT ONLY A GRAPHIC DEPICTIONS
OF TIIE DESCRlPTION SHOWN HEREON, THERE HAS BEEN NO FJELD WORK
VIEWING OF THE SUBJECT PROPERTY, ORMONUMENTS SET ill CONNECTION. .
WITH ruE PREPARATION OF 1BIS INFOR11ATION SHOWN HEREON.
NOTE: LANDS SHOWN HEREON WERE NOT ABSTRACTED BY TIlE SURVEYOR
FOR RIGHTS OF WAYS, EA.SEMENTS OR RESERVATIONS OF RECORD
Phone:
"Boca (561) 391-4386
Boynlon(561) 737-6546
FAX (561) 734-7546
JOSEPH M. TUCKER, P.L.S.
219 S.E. 23m Ave.. P.O. Box 759
Boynton Beach, FL 33435
EXHIBIT "C"
Conditions of Approval
Project Name: Abandonment of a segment of the 30-foot right-of-way of Railroad Avenue
File Number: ABAN 07-005
I DEPARTMENTS I INCLUDE I REJECT I
PUBLIC WORKS- General
Comments: None X
PUBLIC WORKS- Traffic
Comments: None X
UTILITIES i
I ----I--~-
Comments: None X L_ ~=
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POLICE
Comments: None X
ENGINEERING DIVISION
Comments:
1. The abandonment of this 30-foot unimproved right-of-way (Railroad X
A venue) shall be so designated on a required new boundary plat prior to the
issuance of a Land Development permit for future development of the j
propert'y.
i
2. As required after site plan approval, the proposed new development shall X i
generate and submit a boundary record plat (as a minimum) to reflect the
area contained therein, the easements for utilities and storm drainage
systems, the abandonment(s) of right-of-ways (after action by the City
Commission via ordinances), L.A.E. 's, access location(s), etc.
BUILDING DIVISION
Comments: None X
PARKS AND RECREATION i --._~-~---~--
----- I
I
Comments: None X
FORESTER/ENVIRONMENTALIST
~-~~-
Conunents: None X
~~~~
Conditions of Approval
2
I DEPARTMENTS I INCLUDE I REJECT I
PLANNING AND ZONING
Comments: None X
PUBLIC UTILITY PROVIDERS
Comments:
3. Should there be any relocation or adjustments of Bellsouth's facilities X
associated with this project, those costs would be the responsibility of the
property owner.
ADDITIONAL COMMUNITY REDEVELOPMENT AGENCY BOARD
CONDITIONS
Comments:
None X
ADDITIONAL CITY COMMISSION CONDITIONS
Comments:
To be determined.
S:\Planning\SHAReO\WP\PROJECTS\SE 4"" Street & RR ABAN\ABAN 07-005 RR Ave\COA.doc
DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA
PROJECT NAME:
Railroad Avenue Abandonment (ABAN 07-005)
APPLICANT'S AGENT:
Mr. Jeff Tomberg for 4th Street LLC
626 SE 4th Street, Boynton Beach, FL 33435
AGENT'S ADDRESS:
DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: October 16,2007
TYPE OF RELIEF SOUGHT: Request to abandon a segment of the 30-foot wide right-of-way of
Railroad Avenue
LOCATION OF PROPERTY: West of SE 4th Street, between SE 2nd Avenue and SE 4th Avenue
DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO.
X THIS MATTER came on to be heard before the City Commission of the City of Boynton
Beach, Florida on the date of hearing stated above. The City Commission having considered the
relief sought by the applicant and heard testimony from the applicant, members of city administrative
staff and the public finds as follows:
1. Application for the relief sought was made by the Applicant in a manner consistent with
the requirements of the City's Land Development Regulations.
2. The Applicant
HAS
HAS NOT
established by substantial competent evidence a basis for the relief requested.
3. The conditions for development requested by the Applicant, administrative staff, or
suggested by the public and supported by substantial competent evidence are as set
forth on Exhibit "C" with notation "Included".
4. The Applicant's application for relief is hereby
_ GRANTED subject to the conditions referenced in paragraph 3 hereof.
DENIED
5. This Order shall take effect immediately upon issuance by the City Clerk.
6. All further development on the property shall be made in accordance with the terms
and conditions of this order.
7. Other:
DATED:
City Clerk
S:\Planning\SHAREDlWP\PROJECTS\SE 4th Street & RR ABAN\ABAN 07-005 RR Ave\DO.doc
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
XII. - LEGAL
DEVELOPMENT
ITEM A.2
Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned
Meeting Dates in to City Clerk's Office Meeting Dates in to Citv Clerk's Office
0 August 21, 2007 August 6, 2007 (Noon.) ~ October 16, 2007 October 1, 2007 (Noon
0 September 4, 2007 August 20, 2007 (Noon) 0 November 7, 2007 October 15,2007 (Noon)
0 September 18, 2007 September 3,2007 (Noon) 0 November 20, 2007 November 5, 2007 (Noon)
0 October 2, 2007 September 17,2007 (Noon) 0 December 4, 2007 November 19,2007 (Noon)
0 AnnouncementslPresentations 0 City Manager's Report
NATURE OF 0 Administrative 0 New Business
AGENDA ITEM 0 Consent Agenda ~ Legal
0 Code Compliance & Legal Settlements 0 Unftnished Business
~ Public Hearing 0
RECOMMENDATION: Please place this request on the October 16,2007 City Commission Agenda under
Public Hearing and Legal, Ordinance - Second Reading. The City Commission on October 2, 2007, approved this request
under Public Hearing and Legal, Ordinance - First Reading. It should be noted that the condition regarding land clearing has
been met, as the burned structure has been removed by the applicant. For further details pertaining to this request, see
attached Department Memorandum No. 07-085.
EXPLANATION:
PROJECT:
AGENT:
OWNERS:
LOCATION:
DESCRIPTION:
PROGRAM IMPACT:
FISCAL IMPACT:
ALTERNATIVES:
SE 4th Avenue (ABAN 07-004)
Jeff T omberg
4th Street LLC
Between Railroad Avenue and SE 4th Street (adjacent to 416-417 SE 4th Avenue) :.::2
Request for abandonment of the west one-half of SE 4th A venue right-of-way I.iJGatecC::::.~
east of Railroad Avenue, approximately 20 feet wide by 122 feet long. 0 =-~ c;
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City Manager's Signature
Assistant to City Manager
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Planning and Zo' irector City Attorney / Finance
S:\Planning\SHARED\WP\PROJECTSISE 4th Street & RR ABANIABAN 07-004 SE 4th A ve\Agenda Item Request SE 4th Ave ABAN 07-004 10-16-
07.doc
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
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ORDINANCE NO. 07- 030
AN ORDINANCE OF THE CITY OF BOYNTON
BEACH, FLORIDA, AUTHORIZING ABANDONMENT
OF THE WEST ONE-HALF OF SE 4TH AVENUE, A 20
FOOT WIDE BY 122 FOOT LONG RIGHT-OF-WAY,
LOCATED BET'VEEN RAILROAD AVENUE AND SE
4TH STREET, SUBJECT TO STAFF COMMENTS;
AUTHORIZING THE CITY MANAGER TO EXECUTE
A DISCLAIMER, WHICH SHALL BE RECORDED
WITH THIS ORDINANCE IN THE PUBLIC RECORDS
OF PALM BEACH COUNTY, FLORIDA; AND
PROVIDING AN EFFECTIVE DATE.
II
II
WHEREAS, Jeff Tomberg is requesting that the City abandon a 20 foot wide by 122
foot long right-of-\vay located between Railroad Avenue and Southeast 4th Street (adjacent to
416-417 SE 4th Avenue), subject to staff comments; and
WHEREAS, comments have been solicited from the appropriate City Departments, and
public hearings have been held before the City's Community Redevelopment Agency, and the
City Commission on the proposed abandonment; and I
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II
WHEREAS, staff finds that the right-of-way no longer serves a public purpose, and ,~ _
City Commission adopts that finding.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA THAT:
Section 1. The foregoing Whereas clauses are true and correct and incorporated
herein by this reference.
Section 2. The City Commission of the City of Boynton Beach, Florida. does hereby
abandon a 20 foot wide by 122 foot long right-of-way located between Railroad Avenue and
Southeast 4th Street (adjacent to 416-417 SE 4th Avenue), subject to staff comments. The
property being abandoned is more particularly described as follows:
That portion of SE 4th Avenue being described as bounded on the south by the north
line of Lot 6 and 7; bounded on the north by the south line of Lot 4 and 5; bounded
on the east by the east line of Lots 4 and 7 (extended); bounded on the west by the
east right-of-way line of Railroad Avenue, all as shown by the Plat of Sunset Court;
as recorded in Plat Book 11, Page 29, of the Public Records of Palm Beach County.
Florida.
S:\CA rdinanceslAbanaonments\SE 4th Avenue.doc
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Said lands lying in the city of Boynton Beach, Palm Beach County, Florida,
containing approximately 0.06 acre (2,448 square feet) more or less.
A location map is attached hereto as Exhibit "A."
Section 3. The City Manager is hereby authorized and directed to execute the
attached Disclaimer and cause the same to be filed, with this Ordinance, in the Public Records
of Palm Beach County, Florida.
Section 4.
This Ordinance shall take effect immediately upon passage.
FIRST READING this -LL- day of OcTO BE R , 2007.
SECOND, FINAL READING AND PASSAGE THIS _day of
2007.
CITY OF BOYNTON BEACH, FLORIDA
Mayor - Jerry Taylor
Vice Mayor - Jose Rodriguez
Commissioner - Ronald Weiland
Commissioner - Mack McCray
Commissioner - Carl McKoy
ATTEST:
Janet M. Prainito, City Clerk
(Corporate Seal)
S:\CA rdlnanceslAbandonments\SE 4th Avenue.doc
DISCLAIMER
KNOW ALL MEN BY THESE PRESENTS that the City Commission of the City
of Boynton Beach, Florida, does hereby abandon a 20 foot wide by 122 foot long right-of-
way located between Railroad Avenue and Southeast 4th Street (adjacent to 416-417 SE 4th
Avenue), subject to staff comments. The property being abandoned is more particularly
described as follows:
That portion of SE 4th Avenue being described as bounded on the south by the
north line of Lot 6 and 7; bounded on the north by the south line of Lot 4 and 5:
bounded on the east by the east line of Lots 4 and 7 (extended); bounded on the
west by the east right-of-way line of Railroad Avenue, all as shown by the Plat of
Sunset Court; as recorded in Plat Book 11, Page 29, of the Public Records of
Palm Beach County, Florida.
Said lands lying in the city of Boynton Beach, Palm Beach County, Florida,
containing approximately 0.06 acre (2,448 square feet) more or less.
IN 'VITNESS WHEREOF, the duly authOlized officers of the City of Boynton
Beach, Florida, have hereunto set their hands and affixed the seal of the City this __~_
day of ,2007.
ATTEST: CITY OF BOYNTON BEACH. FLORIDA
Janet M. Prainito Kurt Bressner, City Manager
City Clerk
STATE OF FLORIDA )
)ss:
COUNTY OF PALM BEACH )
BEFORE ME, the undersigned authority, personally appeared Kurt Bressner and
Janet M. Prainito, City Manager and City Clerk respectively, of the City of Boynton
Beach, Florida, known to me to be the persons described in and who executed the
foregoing instrument, and acknowledged the execution thereof to be their free hand and
deed as such officers, for the uses and purposes mentioned therein; that they affixed
S:ICAIOrdinanceslAbandonments\SE 4th Avenue.doc
thereto the official seal of said corporation; and that said instrument is the act and deed of
said corporation.
WITNESS my hand and official seal in the said State and County this
,2007.
day of
NOTARY PUBLIC, State of Florida
My Commission Expires:
S:\CA\OrdinanceslAbandonmentsISE 4th Avenue.doc
Exhibit "A" - Location Map
ABAN 07-004, ABAN 07-005
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DEVELOPMENT DEPARTMENT
PLANNING AND ZONING DIVISION
MEMORANDUM NO. PZ 07-085
FROM:
Chair and Members
Community Redev~lo,P~~ Agency Board
Michael W. Rumpf ~
Planning and Zoning Director
Kathleen Zeitler t"l--
Planner
TO:
THRU:
DATE:
September 4, 2007
Abandonment of a segment of SE 4th Avenue
(adjacent to 416-417 SE 4th Avenue)
ABAN 07-004
SUBJECT:
NATURE OF REOUEST
Mr. Jeff Tomberg, agent for 4th Street LLC, is requesting to abandon a portion of an improved 20-foot right-of-way
(SE 4th Avenue), located between SE 4th Street and Railroad Avenue. The applicant has assembled several parcels
in the area and is considering future development of a residential project. The portion of right-of-way to be
abandoned is situated adjacent to two (2) parcels of land located on the west half of SE 4th Avenue, east of Railroad
wenue. The platted right-of-way subject to this specific request is 20 feet wide and approximately 122 feet long.
It is described as follows:
That portion of SE 4th Avenue being described as bounded on the south by the north line of Lot 6 and 7;
bounded on the north by the south line of Lot 4 and 5; bounded on the east by the east line of Lots 4 and 7
(extended); bounded on the west by the east right of way line of Railroad Avenue, all as shown by the Plat of
Sunset Court; as recorded in Plat Book 11, Page 29, of the Public Records of Palm Beach County, Florida; said
described property consisting of approximately 2,448 square feet or 0.06 acre.
The subject portion of the 20 foot wide right-of-way was originally platted as Sunset Way and lies within the
boundaries of the Sunset Court Plat. The approved plat was recorded in Plat Book 11, Page 29 on February 25,
1925. The plat contains a reversionary clause in the dedication, which states "does hereby dedicate to the
perpetual use of the public as public highways, the streets, avenues, boulevards, and alleys as shown hereon,
reserving however unto itself, its successors and legal representative, the reversions or reversion of same,
whenever abandoned by the public or discontinued by law". The City makes no representation regarding the
impact of the reversionary language on title to the adjacent properties.
Re-development or expansion of the adjacent property following abandonment requires the property owner to
establish proof of clear title as a condition of re-development or expansion. The applicants have submitted a copy
of a title opinion (ownership and encumbrance report) for the subject property stating that the property adjacent to
the portion of SE 4th Avenue to be abandoned is owned by the applicant and that the properties are currently free
and clear, and such abandonment of the property under public domain will not prevent other property owners from
==lccess to and from their prope.rty, and no other property owners will be adversely affected by the abandonment.
Attached as Exhibit "A" is a location map that shows the general vicinity of the right-of-way to be abandoned, and
Exhibit "B", the legal description of the area to be abandoned. The following is a description of the land uses and
zoning districts of all properties that surround the SE 4th Avenue right-of-way:
Page 2
Memorandum No. PZ 07-085
ABAN 07-004
North -
417 SE 4th Avenue (combined Lots 4 and 5, Sunset Court) consisting of a vacant CommerCial
parcel zoned Community Commercial (C-3);
South -
416 SE 4th Avenue (combined Lots 6 and 7, Sunset Court) consisting of an occupied single-
family residence zoned Community Commercial (C-3);
The eastern one-half of SE 4th Avenue right-oF-way, and adjacent occupied Single-family
residences (419 and 421 SE 4th Avenue) zoned Community Commercial (C-3); and,
East
West -
Right-oF-way (unimproved) for Railroad Avenue, and farther west the Florida East Coast
Railroad right-oF-way.
BACKGROUND
The subject abandonment request is for the western segment of the 20-foot improved SE 4th Avenue right-oF-way
that extends a distance of approximately 122 feet in the area between Railroad Avenue and SE 4th Street. The
applicant is also requesting simultaneous abandonment of a segment of Railroad Avenue (see staff report for ABAN
07-005). Other nearby portions of Railroad Avenue were previously abandoned in October of 1994 (Resolution 94-
171) and July of 2005, (Ordinance 05-030).
ANALYSIS
When a right-Of-way, such as SE 4th Avenue, is abandoned, the ownership of the abandoned land is transferre
from the City of Boynton Beach to the abutting property owner(s). Typically, two (2) properties would be affectec...
by an abandonment request. One-half of the right-of-way is conveyed to one (1) abutting property owner and the
other half is conveyed to the other abutting property owner. The applicant requesting this abandonment is the
owner of all of the affected properties to the north and south of the segment to be abandoned. Adequate public
notice was given to all affected property owners in accordance with Chapter 22, Article III, Section 4 of the Land
Development Regulations. All public utility companies have been notified and the abandonment request has been
advertised in the local newspaper.
A summary of the responses from the utility companies and city staff is noted as follows:
CITY DEPARTMENTS! DIVISIONS
Engineering
Public Works / Utilities
Planning and Zoning
Approval with conditions (see Exhibit "C"- Conditions of Approval)
No objection
No objection
PUBLIC UTILITY COMPANIES
Florida Power and Light
Bel/South
Florida Public Utilities Co.
Cable (Adelphia/Comcast)
No objection
Approval with conditions (see Exhibit "C" - Conditions of Approval)
No objection
No objection
Excluding BellSouth, all public utility providers have indicated that they have no objection to the applicant's request
for abandonment. Both the Engineering Division and Bellsouth are requiring conditions of approval which must be
satisfied prior to future development of the applicant's property. Both the Engineering Division and Bel/south would
Page 3
Memorandum No. PZ 07-085
ABAN 07-004
have no objection to the proposed abandonment upon compliance with their specific conditions of approval which
include relocation, at the applicant's expense, of existing utilities currently located within the right-of-way to be
abandoned, and the establishment of a 10 foot utility easement for Bellsouth.
It must be noted that city utility lines are currently located within the segment of the subject right-of-way to be
abandoned. Therefore, Engineering Division comments require that the existing utilities within the right-of-way be
relocated subject to approval by the Utilities Department and at the applicant's expense. Existing utilities in the
eastern segment of SE 4th Avenue will remain in place to serve adjacent properties. Lastly, the subject right-of-way
terminates to the west of developed property preventing future extension of this right-of-way. There are also no
isolated parcels adjacent to the subject right-of-way which would rely solely upon this street for access.
RECOMMENDATION
Staff has determined that the western segment of SE 4th Avenue right-of-way to be abandoned would no longer
serve a public purpose under the current plan for land assemblage and alternative access to the adjacent parcels.
The proposed abandonment would not adversely affect any neighboring properties along SE 4th Avenue regarding
continuation of their utility services and access to their property. Therefore, based on the above findings, staff is
recommending approval of the request to abandon the portion of the 20-foot improved roadway as described
above, subject to the comments included in Exhibit "c" - Conditions of Approval. Any additional conditions
recommended by the Community Redevelopment Agency Board or City Commission will be placed in Exhibit "c" -
Conditions of Approval.
S:\Planning\SHARED\WP\PROJECfS\SE 4th Avenue ABAN\ABAN 07-004 SE 4th Ave\Staff Report.doc
Exhibit "A" - Location Map
ABAN 07-004,ABAN 07-005
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(
EXHIBIT "S".
BOUNDARY SURVEYS
MORTGAGE SURVEYS
CONSTRUCTION LAYOUT
219 S.E. 23rd AVENUE .' P.O. BOX 759 - BOYNTON BEACH, FLORIDA 33435
BOYNTON BEACH Phone (561) 737-6546 . Fax (561) 734:7546
PORTION OF RAILROAD AVENUE
AND S.E. 4 TH. A VENUE
TO BE ABANDONED
A PORTION OF RAILROAD AVENUE, AS RECORDED BY PENCE SUBDIVISION NO.1, IN PLAT BOOK 33, OF THE
PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, AND A PORTION OF S.E. 4 TH. AVENUE, AS RECORDED
BY THE PLAT SUNSET COURT, IN PLAT BOOK 11, PAGE 33, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA,
SAID LANDS TO BE ABANDONED ARE DESCRIBED AS FOLLOWS;
THAT PORTION OF RAILROAD A VENUE BEING DESCRIBED AS BOUNDED ON THE soum BY THE SOUTH LINE OF
LOT 6, BLOCK "B", (EXTENDED WESTERLY); BOUNDED ON THE NORTH BY THE NORTH LINE OF LOT 3,BLOCK "B",
(EXTENDED WESTERLY); BOUNDED ON THE EAST BY THE WEST LINE OF LOTS 3,4, 5, AND 6, BLOCK "B",
BOUNDED ON THE WEST BY THE EAST RIGHT OF WAY LINE OF THE FLORIDA EAST COAST RAILROAD RIGHT OF
WAY, ALL AS SHOWN BY THE PLAT OF PENCE SUBDIVISION NO. I; AS RECORDED IN PLAT BOOK 1, PAGE 33, OF
THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA.
AND
THAT PORTION OF RAILROAD A VENUE BEING DESCRIBED AS BOUNDED ON THE soum BY THE SOUTH LINE OF
LOT 6, (EXTENDED WESTERLY); BOUNDED ON THE NORTH BY THE NORm LINE OF LOT 5, (EXTENDED
WESTERLY); BOUNDED ON THE EAST BY THE WEST LINE OF LOTS 5, AND 6, BOUNDED ON THE WEST BY THE
EAST RIGHT OF WAY LINE OF THE FLORIDA EAST COAST RAILROAD RlGRT OF WAY, ALL AS SHOWN BY THE
PLA T OF SUNSET COURT; AS RECORDED IN PLAT BOOK 11, PAGE 29, OF THE PUBLIC RECORDS OF PALM BEACH
COUNTY, FLORIDA.
AND
THA T PORTION OF S.E. 4 TH. AVENUE BEING DESCRIBED AS BOUNDED ON THE SOUTH BY THE NORTH LINE OF
LOT 6 AND 7; BOUNDED ON THE NORTH BY THE SOUTH LINE OF LOT 4 AND 5; BOUNDED ON THE EAST BY THE
EAST LINE OF LOTS 4, AND 7, (EXTENDED); BOUNDED ON THE WEST BY THE EAST RIGHT OF,WAY LINE OF
RAILROAD A VENUE, ALL AS SHO'WN BY THE PLAT OF SUNSET COURT; AS RECORDED IN PLAT BOOK 11, PAGE
29, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA.
I HEREBY CERTIFY TILo\T THE DESCRIPTION AND THE ATTACHED SKETCH OF DESCRIPTION WERE PREPARED IN
ACCORDANCE wrrn TIlE SURVEYING STANDARDS, CHAPTER 61G176, FLORIDAAPMINIS'fRA.TIVE CODE, SEYFORTH,
BY THE FLORIDA BOARD OF PROFESSIONAL SURVEYORS AND MAPPERS, PURSUANT TO SECTION 472,027, FLORIDA:
STATUTES, .AND IS TRUE AND CORRECr TO THE BEST OF MY KNOWLEDGE AND BELIEF, UNLESS IT BEARS THE.
SIGNATURE AND THE ORIG~AL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR.AND MAPPER, TIllS DRAWING,
SKETCH, AT OR MAP IS FOR INFORMATION PURPOSES ONLY AND IS NOT VALID .
~'.:-L
.5. ~ef- / afJ Z
LB2102 .
Joe Tucker
. NOTE: TBIS IS NOT A SKETCI{ OF SURVEY, BUT ONLY A GRAPHIC DEPICTIONS
OF Uffi DESCRIPTION SHOWN HEREON, lliERE HAS BEEN NO FIELD WORK
VIEWJNGOF TIIE SUBJECT PROPERlY, OR MONUMENTS SET IN CONNECTION. .
WITH TIlE PREPARATION OF THIS INFORM-\TION SHOWN HEREON.
NOTE: LANDS SHOWN HE...~ON WERE NOT ABS1R.ACTED BY 1BE SURVEYOR
FOR RIGHTS OF WAYS, EASEMENTS OR RESERVATIONS OF RECORD
Phone:
""Boca (561) 391-4388
B"i"ton(561) 737-€540
FAX (561) 734-7546
JOSEPH M. TUCKER, P.LS.
219 S.E.231tlAw.. P.O. Box 759
Boynton Beach, FL 33435
EXHIBIT 'fe"~
Conditions of Approval
Project Name: Abandonment of a segment of the 20-foot right-of-way of SE 4th Avenue
File Number: ABAN 07-004
DEP ARTMENTS INCLUDE REJECT
PUBLIC WORKS- General
Comments: None X
PUBLIC WORKS- Traffic
Comments: None X
UTILITIES
----
Comments: None X
POLICE
Comments: None X
ENGINEERING DIVISION
Comments:
1. All existing city utilities (water and wastewater conduits) must be relocated X
if it is the intent to continue their functional purposes in S.E. 4th A venue, or
abandoned (and agreed to by the Utilities Department). ! I
2. All utility services within this project shall be relocated at the applicant's X
cost. This is reflected in the projected right-of-way for conceptual S.E. 3rd
A venue which has electrical service.
3. The abandonment of this 20-foot street right-of-way (S.E. 4th Avenue) shall X
be so designated on a required new boundary plat prior to the issuance of a
Land Development permit for future development of the property.
4. As required after site plan approval, the proposed new development shall X
generate and submit a boundary record plat (as a minimum) to reflect the
area contained therein, the easements for utilities and storm drainage
systems, the abandonment(s) of right-of-ways (after action by the City
Commission via ordinances), L.A.E. 's, access location(s), etc. ,
,
BUILDING DIVISION
Comments: None X
Conditions of Approval
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I DEPARTMENTS I INCLUDE I REJECT I
PARKS AND RECREATION
Comments: None X
FORESTER/ENVIRONMENT ALIST
Comments: None X
PLANNING AND ZONING
Comments: None X
PUBLIC UTILITY PROVIDERS
Comments:
5. There shall be two (2) four-inch (4") Schedule-40 PVC conduits required to X
be installed along the northernmost ten-feet (10') of the current right-of-way
of Southeast 4th Avenue, between Southeast 4th Street and westerly to the
Florida East Coast Railroad right-of-way,
6. The above-mentioned ten-feet (10') shall be recorded and delivered to X
Bellsouth Telecommunications, Inc. as a utility easement.
7. Should there be any relocation or adjustments of Bellsouth's facilities X
associated with this project, those costs would be the responsibility of the
property owner.
ADDITIONAL COMMUNITY REDEVELOPMENT AGENCY BOARD
CONDITIONS
Comments:
8. Remove burned structure on adjacent property within 90 days from the date X
of CRA action.
ADDITIONAL CITY COMMISSION CONDITIONS
Comments:
To be determined.
S:\Planning\SHAREO\WP\PROJECTS\sE 4TH Street & RR ABAN\ABAN 07-QQ.f SE 4" Ave\COA.doc
DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA
PROJECT NAME:
SE 4th Avenue Abandonment (ABAN 07-004)
APPLICANT'S AGENT:
Mr. Jeff Tomberg for 4th Street LLC
626 SE 4th Street, Boynton Beach, FL 33435
AGENT'S ADDRESS:
DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: October 16, 2007
TYPE OF RELIEF SOUGHT: Request to abandon a segment of the 20-foot right-of-way of SE 4th
Avenue
LOCATION OF PROPERTY: West of Railroad Avenue and East of SE 4th Street
DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO.
X THIS MATTER came on to be heard before the City Commission of the City of Boynton
Beach, Florida on the date of hearing stated above. The City Commission having considered the
relief sought by the applicant and heard testimony from the applicant, members of city administrative
staff and the public finds as follows:
1. Application for the relief sought was made by the Applicant in a manner consistent with
the requirements of the City's Land Development Regulations.
2. The Applicant
HAS
HAS NOT
established by substantial competent evidence a basis for the relief requested.
3. The conditions for development requested by the Applicant, administrative staff, or
suggested by the public and supported by substantial competent evidence are as set
forth on Exhibit "C" with notation "Included".
4. The Applicant's application for relief is hereby
_ GRANTED subject to the conditions referenced in paragraph 3 hereof.
DENIED
5. This Order shall take effect immediately upon issuance by the City Clerk.
6. All further development on the property shall be made in accordance with the terms
and conditions of this order.
7. Other:
DATED:
City Clerk
S:\Planning\SHARED\WP\PROJECTS\SE 4th Street & RR ABAN\ABAN 07-045 SE 4th Ave\DO.doc
CITY OF BOYNTON BEACE
AGENDA ITEM REQUEST FOkLYL
XII. - LEGAL
DEVELOPMENT
ITEM A.3
Requested City Commission Date Final Form Must be Turned Requested CllJl Commission Date Final Fom: Must be Turned
Meetinr Dates in to City Clerk's Office MeetinR Dates in to City Clerk's Office
0 Augus~ 21, 2007 August 6, 2007 (Noon.) 0 October 16. 2007 October 1, 2007 (Noon
0 September 4, 2007 August 20, 2007J'!oon) 0 November 7,2007 October 15,2007 (Noon)
0 September 1&,2007 September 3, 2007 (Noon) 0 November 20. 2007 November 5, 2007 (Noon)
~ October 2, 2007 September 17,2007 (Noon) 0 December 4,2007 November 19,2007 (Noon)
NATURE OF
AGENDA ITEM
o Announcements/Presentations
o Administrative
o Consent Agenda
o Code Compliance & Legal Settlements
r8J Public Hearing
o City Manager's Report
o New Business
r8J Legal-l ~ ReGtdinj
o Unfmished Business
o
RECOM1\ffiNDATION: Approve the attached Ordinance 07- _ amending Chapter IV Site Plan Review
of the City's Land Development Regulations specifying the circumstances wherein Conditions of
Approval on a given site plan pertaining to "Unity of Title" may be released.
EXPLANATION: As a matter of policy, staff has traditionally recommended that Unity of Title be
required, as a condition of site plan approval,' ror developments with multiple parcels and/or
components, such as mixed use development projects. The purpose has been to insure that the
entire project gets developed (even if it is done in phases) by preventing the sale of individual
components resulting in a truncated project that fails to conform with the approved site plan and/or is
owned and operated by different parties in a manner inconsistent with the initial project objectives.
The downside of this requirement, however, is that it severely limits flexibility on certain projects that
may, in fact, require or benefit from different types of developers owning or operating its various
components. Accordingly, staff is recommending a code amendment that states, in effect, that in
cases where Unity of Title is a condition or site plan approval, this condition can be released under the
following conditions:
1. The project as a whole, including its various components, must be administered by a property
owners association (POA) with reserves for property maintenance of at least 18 months.
2. The owners of the various components must execute perpetual cross access and shared
parking agreements.
3. A sign program approved by the City must be in place that regulates all project signagein
conformance with the City's Land Development Regulations and is applicable to all components
of the project.
4. The owners must agree to the continued calculation of overall project density based on the
entire project despite the creation of individual parcels with multiple owners.
Staff believes that these code amendments will allow developers of mixed use projects the required
flexibility while at the same time addressing the primary concerns that led City staff to originally require
a Unity of Title.
S:\BULLETINIfORMS\AGENDA ITEM REQUEST FORM.DOC
CITY OF BOYNTON BEACH
~4.GENDA ITEM REQUEST FORM
PROGRA"M IMPACT: N/A
FISCAL IMPACT: (Include Account Number where funds will come from)
ALTER~ATIVES: Maintain the current policy of requiring developers to provide Unity of Title for mixed
use development projects.
/11rlWP
Depaftffient Hec\tl's Signature'
Jl~
City Manager's Signature
Assistant to City Manager Ghv'''---'''''''
Department of Development
City Attorney / Finance
S :\BiJ~LETll\!\FORMS\AGSNDA r;'EM REQUEST :'ORM.DOC
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ORDINANCE NO. 07- 03 ,
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA, AMENDING
CHAPTER 4, SITE PLAN REVIEW, AS CONTAINED IN
THE LAND DEVELOPMENT REGULATIONS, BY
CREATING SUBSECTION 8.G. TO SECTION 8,
REVIEW ST ANDARDS; TO ADDRESS THE
REQUIREMENT OF UNITY OF TITLE AS A
CONDITION OF APPROVAL OF A SITE PLAN;
PROVIDING FOR CONFLICTS, SEVERABILITY,
CODIFICATION AND AN EFFECTIVE DATE.
WHEREAS, the City's practice has traditionally recommended that Unity of Title be
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required as a condition of a site plan approval for a development project with multiple parcels
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and/or components, such as mixed use development projects; and
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WHEREAS, the City's purpose of recommending a Unity of Title is to insure that the
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entire project gets developed by preventing the sale of individual components resulting in a
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truncated project that fails to conform with the approved site plan and/or is owned and
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operated by different parties in a manner inconsistent with the initial project's objectives; and
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WHEREAS, the City's staff has recognized that the requirement of Unity of Title may
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limit the flexibility on certain projects that may require or benefit from different types of
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developers owning or operating its various components; and
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WHEREAS, the City Commission, upon recommendation of the City's staff, deems it
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appropriate and in the best interests of the citizens and residents of the City of Boynton Beach,
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to amend the Land Development Regulations of the City of Boynton Beach to provide for the
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requirement of Unity of Title and, in matters where Unity of Title is a condition of a site plan
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approval, to provide prerequisites which will allow such condition to be released.
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NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
S:\CA \Ordinanees\LDR Changes\LDR Chapter 4 See 8 (Unity of Title) 1011 07.doc
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b. The amount to be reserved shall be computed by means of a
formula which is based upon estimated remaining useful life and estimated
replacement cost or defencd maintenance expense of each reserve item. The
POA shall adiust replacement reserve assessments annually to take into
account any changes in estimates or extension of the useful life of a reserve
item caused by defen'ed maintenance. Reserve funds and any interest accruing
thereon shall remain in the reserve account or accounts, and shall be used only
for authorized reserve expenditures.
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c. The POA shall provide the City with a cop v of the Annual POA
finance report for a period of one (1) year from the date of issue of the last
Certificate of Occupancy (C.O.) for any structure/building on the proiect.
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16 2. The owners of the various components have fi.as executed perpetual
17 cross access and shared Darking agreements~ to the extent required by the approved site
18 plan.
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20 3. A sign program approved by the City is in place that regulates all
21 proiect signaQ.e in confonnance with the City's Land Development Regulations and is
22 aPDlicable to all components 0 f the proi ecL; and
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4. The owners have agreed to the continued calculation of overall proiect
density based on the entire proiect despite the creation of individual parcels with
multiple owners.
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! Section 3. Each and every other provision of said chapter, not herein specifically
I amended, shall remain in full force and effect as originally adopted.
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Ii Section 4. All ordinances or parts of ordinance in conflict herewith be and the
. same are hereby repealed.
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i Section 5. Should any section or provision of this Ordinance or portion hereof be
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!declared by a court of competent jurisdiction to be invalid, such decision shall not affect the
Iremainder of this Ordinance.
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Section 6.
Authority is hereby given to codify this Ordinance.
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Sectjon 7.
This Ordinance shall become effective immedjately.
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FIRST READING this ~ dayof __~C=_COL?_E..(< .2007.
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SECOND, FINAL READING AND PASSAGE this _ day of
,2007.
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20 ATTEST:
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23 ! Janet M. Prainito, CMC
24 I City Clerk
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CITY OF BOYNTON BEACH, FLORIDA
Mayor - ] erry Taylor
Vice Mayor - Jose Rodriguez
Commissioner - Ronald Weiland
Commissioner - Mack McCray
Commissioner - Carl McKoy
S:\CA\Ordinances\LDR Changes\LDR Chapter 4 See 8 (Unity of Title)IOll 07.doc
4
XII. - LEGAL - 2nd Reading
Non-Development
ITEM 8.1
CITY OF BOYNTON BEACF
AGENDA ITEM REQUEST FORM
Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned
Meeting Dates in to Citv Clerk's Office Meeting Dates in to City Clerk's Office
0 August 21, 2007 August 6, 2007 (Noon.) 0 October 16, 2007 October 1,2007 (Noon
0 September 4, 2007 August 20, 2007 (Noon) 0 November 7, 2007 October 15,2007 (Noon)
0 September 18,2007 September 3, 2007 (Noon) 0 November 20,2007 November 5, 2007 (Noon)
~ October 2, 2007 September 17,2007 (Noon) 0 December 4, 2007 November 19, 2007 (Noon)
0 AnnouncementslPresentations 0 City Manager's Report
NATURE OF 0 Administrative 0 New Business
AGENDA ITEM 0 Consent Agenda ~ Legal- '2. Qd 1?eJc'j
0 Code Compliance & Legal Settlements 0 Unfinished Business
0 Public Hearing 0
RECOMMENDATION: Approve an Ordinance amending Chapter 23 of the Code of Ordinances of the City of
Boynton Beach by adding a new division 4 to impose a ten (10%) percent utility tax on the purchase of water service within
the City.
EXPLANATION: The City of Boynton Beach is authorized to levy a Public Service Tax on the purchase of water
service within the City, pursuant to Chapter 166.231 Florida Statutes. The City has not increased or expended the scope of
utilities subject to public services since 1989 when it fIrst levied a service tax on electrical, fuel, and gas but not on water
services. The City Commission has detennined that the Public Service Tax on water should be established at ten (10%)
percent.
PROGRAM IMP ACT: Since the City already imposes a Public Service Tax on the utilities, the addition of water as a
taxable category will have no significant program impact.
FISCAL IMPACT: The levy of the Public Service Tax on water will generate additional tax revenue to the City.
ALTERNATIVES: Impose no Public Service Tax or a Public Service Tax less than 10 percent.
\;
~
City Manag~nature
Department Head's Signature
Assistant to City Manager
~
City Attorney
Department Name
City Attorney / Finance
S:\BULLETIN\FORMSIAGENDA ITEM REQUEST FORM.DOC
1 ORDINANCE NO. D 7 - 03~
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3 AN ORDINANCE OF THE CITY OF BOYNTON BEACH,
4 FLORIDA AlVIENDING CHAPTER 23, ARTICLE II OF THE
5 CODE OF ORDINANCES OF THE CITY OF BOYNTON
6 BEACH, ENTITLED "PUBLIC SERVICE TAX" BY ADDING
7 A NEW DIVISION 4 TO IMPOSE A TEN PERCENT (10%)
8 UTILITY TAX ON THE PURCHASE OF WATER SERVICE
9 WITHIN THE CITY; PROVIDING FOR AN EFFECTIVE
10 DATE OF THE LEVY, SEVERABILITY, CONFLICT,
11 CODIFICATION AND A-N EFFECTIVE DATE.
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13 WHEREAS, the City Conmlission of the City of Boynton Beach is charged with
14 protecting and preserving the public health, safety and welfare of the citizens, residents and
15 guests of the City of Boynton Beach; and
16 WHEREAS, the City of Boynton Beach (the "City"), a municipal corporation organized
17 and operating under the laws of the State of Florida, desires to levy a public utility tax on the
18 !!purchase of water service within the City, as authorized by the provisions of Chapter 166 and
19 203, Florida Statutes; and
20 WHEREAS, the City has not increased or expended the scope of utilities subject to
21 public services taxes since 1989 when it first levied a service tax on electrical, fuel, and gas, but
22 not on water services; and
23 WHEREAS, the City Commission has detemlined that the Public Utility Tax should be
24 established at ten percent (10%) of the payments received by the seller of the taxable item from
25 the purchaser of any water service as authorized by Chapter 166 , Florida Statutes; and
26 WHEREAS, the City Commission has determined that the public health, safety and
27 welfare requires that said utility tax be imposed in order to maintain effective and efficient
28 services and defray the cost thereof.
29 NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
CODING: Words in strike through type are deletions from existing law;
Words in underscored type are additions.
Page 1 of 4
1
THE CITY OF BOYNTON BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the foregoing "WHEREAS" clause is true and correct and
ratified and confirmed by the City Commission.
Section 2. Article II, Public Service Tax, of Chapter 23 of the Code of Ord
of the City of Boynton Beach, Florida is hereby amended to add a new Division 4, to
follows:
DNISION 4 WATER SERVICE
SECTION 23.100 LEVIED.
Effective April 1 , 2008, there is hereby imposed and levied upon each and every
purchase of water service within the City a tax in the amount specified in section 23.101
hereof. to be collected as hereinafter provided.
SECTION 23.101 AMOUNT OF TAX.
There is hereby levied and imposed by the City, upon every purchase of water services in
the corporate limits of the City, included in or reflected by the authorized utility
franchisee to the purchaser hereunder, a tax of ten (10) percent. The total amount of
taxes due pursuant to this section shall be computed to the nearest whole cent.
SECTION 23.102 APPLICA TION OF TAX.
The tax hereby imposed and levied shall apply to the purchase of water service,
furnished periodically after installation or connection and shall not be applicable to
installation costs, meter deposits, deposits guaranteeing payment or other charges made
by the authorized utility franchisee for availability of service to the consumer.
~..~_._--"_._-------~---~.--_._~--,-._----. -----,- '.- ---...'.__..______m.._____..____n__.______ --._-.
SECTION 23.103. CITY'S RESPONSIBILITY.
The City is required and it shall be its duty to render to each purchaser, bills at least once
a month, covering all the purchases of water service, and the amount of the tax imposed
hereunder shall be entered and shown by it as a separate item on each such bill and shall
become due and payable to the City whenever such bill becomes due and payable to the
City. Each such bill shall include purchases applicable to but one (1) location, or to but
one (1) family or business where more than one (1) family or business uses separate
CODING: Words in strike through type are deletions from existing law;
Words in underscored type are additions.
Page 2 of 4
hereby
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mances
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metered services at one (1) location in the corporate limits of the Citv.
SECTION 23.104 FUEL ADJUSTMENT CHARGE.
The tax imposed bv this article shall not be applied against any fuel adiustment charQ:e
and such charge shall be separatelv stated on each bill. Fuel adiustment charge shal
I mean all increases in the cost of utility service to the ultimate consumer resulting from a
increase in the cost of fuel to the utilitv subsequent to October L 1973.
SECTION 23.105 COLLECTION OF TAX.
The authorized utility franchisee is herebv authorized and required and it shall be its dut\
to collect the tax imposed hereunder from such purchaser at the time of payment of each
such bilL and to report and pay over, on or before the 20th of each fiscal month to the
Citv. all such taxes levied and collected during the preceding fiscal month. The City
manager of the City shall cause to be brought all suits and actions and to take all
proceedings in the name of the Citv as may be necessary for the recoverv of such tax.
SECTION 23.106 PAYMENT OF TAX.
The purchaser is required and it shall be the purchaser's duty to pay the tax imposed
I I hereunder to the authorized utilitv franchisee as agent for the City at the time of pavment
I of each such bill.
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SECTION 23.107 FAILURE TO PAY TAX.
I (a) It shall be unlawful for anv purchaser of water services to evade the
payment of the tax imposed herein or anv part thereof, or to fail or neglect to pav such tax
within thirtY (30) davs after same has become due and payable.
, (b) If the purchaser shall fail. neglect or refuse to pay such tax. the Citv is
herebv empowered to discontinue to make anv further sales or to render any further water
service to the purchaser until the total amount, including such tax as is imposed
hereunder, sho'W'11 upon such bill has been paid in full, provided that such discontinuation
of water service shall only occur when the procedures required by City regulations and
State law have been satisfied.
~ ~.
SECTION 23.108 CONFORMANCE WITH STATE LAW
It is the City's intent by the adoption of this regulation to impose no more than the
maximum public service tax authorized by Chapter 166, Florida Statutes. In the event of
a conflict with anv provisions of Chapter 166 and these regulations the provision of
Chapter 166 shall control and these regulations shall be interpreted to conform with the
Inrovisions of state statute.
CODING: Words in strike throu;h type aTe deletions from existing la\v:
Words in underscored type are additions.
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SECTION 23.109
GRANT OF AUTHORITY TO ADMINISTER TAX
The City Manager is granted authority to enact administrative regulations and procedures
to implement the billing, collection and enforcement of the water service tax, provided
the regulations and procedures are consistent with the procedures and regulations
required by state law. All administrative procedures and regulations shall be in writing
and the fornl and substance approved bv the City Attorney.
Section 3. All prior ordinances or resolutions or parts thereof in conflict herewith are
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hereby repealed to the extent of such conflict.
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Section 4. If any section, sentence, clause, or phrase of this Ordinance is held to be
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invalid or unconstitutional by any court of competent jurisdiction, then said holding shall in no
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way affect the validity of the remaining portions of this Ordinance.
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Section 5.
This ordinance shall become effective as provided by law.
1 5 Passed on the first reading, this
day of
,2007.
16 Passed on the second reading, this
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day of
,2007.
CITY OF BOYNTON BEACH, FLORIDA
Mayor - Jerry Taylor
Vice Mayor - Jose Rodriguez
Commissioner - Ronald Weiland
,._~---_._-_._----.._.__._-----------------_._----,_.",--,"
Commissioner - Mack McCray
ATTEST:
Commissioner - Carl McKoy
Janet M. Prainito, CMC
City Clerk
(Corporate Seal)
CODING: Words in strike through type are deletions from existing law;
Words in underscored type are additions.
Page 4 of 4
~fTV0~
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CITY OF BOYNTON BEACE
AGENDA ITEM REQUEST FOfun
XII. - LEGAL - 1st Reading
ITEM C.l
Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned
Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office
0 August 21, 2007 August 6,2007 (Noon.) rg) October 16, 2007 October 1, 2007 (Noon
0 September 4, 2007 August 20, 2007 (Noon) 0 November 7, 2007 October 15,2007 (Noon)
0 September 18, 2007 September 3, 2007 (Noon) 0 November 20, 2007 November 5,2007 (Noon)
0 October 2, 2007 September 17,2007 (Noon) 0 December 4, 2007 November 19, 2007 (Noon)
NATURE OF
AGENDA ITEM
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Administrative
Consent Agenda
Code Compliance & Legal Settlements
Public Hearing
Legal
UnfInished Business
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RECOMMENDATION: Approval of enclosed revision, (Exhibit "A") of Chapter 2.5 titled "Alarm Systems.", ~:;;;.:
.. .." c:o
o -fTl
EXPLANATION: The enclosed revision includes changes throughout the document that are primarily hous8.klepiitt>
issues with the exception of Section 2.5-13. The amendments to 2.5-13 were required to allow for ease of tracking fal~
alarms and to avoid additional costs in making any programming changes required in maintaining compliance with
the current language. The amendment to Section 2.5-13 simply changes the false alarm tracking protocol from "any
12 month period" to "fiscal year of October 1 through September 30."
AnnouncementslPresentations
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City Manager's Report
New Business
a
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PROGRAM IMP ACT: Approval of the enclosed revision to Chapter 2.5 will assist staff in maintaining an accurate
record of false alarm occurrences and fines while bringing the revenue from those fines in line with our fiscal year.
FISCAL IMPACT: Avoid costs associated with re-programming of current system.
AL TERNA TIVES:
Reje" oe mOOU'y peopo..d amendmenu to till, COde'j~
City Manager's Signature
Assistant to City Manager ~
Department Name
City Attorney / Finance
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
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ORDINANCE NO. 07-
2
AN ORDINANCE OF THE CITY OF BOYNTON BEACH,
FLORIDA, AMENDING THE CITY OF BOYNTON
BEACH CODE OF ORDINANCES, CHAPTER 2.5,
"ALARM SYSTEMS," TO UPDATE THE CODE AND
FOR TRACKING FALSE ALARMS; PROVIDING FOR
CONFLICTS, SEVERABILITY, CODIFICATION AND
AN EFFECTIVE DATE.
,
.)
WHEREAS, the City of Boynton Beach Fire and Life Safety Division has determined
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that it is necessary to amend Chapter 2.5, Alarm Systems, of the City's Code of Ordinances;
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and
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WHEREAS, the City Commission has determined that it is in the best interests of the
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residents and citizens of the City of Boynton Beach to amend Chapter 2.5 of the Code of
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Ordinances.
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NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1.
The foregoing "Whereas" clauses are hereby ratified and confirmed as
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being true and correct and are hereby made a specific part of this Ordinance upon adoption
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hereof.
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Section 2. Chapter 2.5, Alarm Systems, is hereby amended as follows:
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Section 2.5-1 Short tiHeTitle.
This chapter shall be known and cited as the "Burglar and Fire Alarm Ordinance."
Section 2.5-2 Definitions:
For the purpose of this chapter, whenever any of the following words or terms are-are used
herein, they shall have the meanings ascribed to them in this section:
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Alarm System: Any electrical device. signaling device. or combination of electrical devises
\vhich is used to signal or detect a burglary, fire. robbery. or medical emergency. in a building
or premises for the detection of fire, medical alerts, unauthorized entry, burglary or any other
criminal activity, and which '.vhen activated emits a sound, signal or message to alert others,
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\vhether emitted on or offthe premises or to the central office of an alann business.
Commercial Alann System: Any business, Multiple Dwelling Unit, Storage Facility, that has
a Fire Alarm S:::stem to monitor flow, tamper, manual initiation devices and audible
notification.A Fire Alarm SYGtem te .momtDr flow, tllffijlcr, malHi::'':~~~'';;.g~;:~~ ;00
audIble notIficatIOn, located at any bus mess, MultIple DwellIng Umt it '.
Residential Alann System: Any single family dwelling that has a Burglar Alarm System that
mav or mav not have smoke detectors attached to the s:stem. A Barglar ~:.": ~?::' which
may ha','e smoke detectors attachod to the system, locat d at a smgle fam I 0 .
Fire Alarm System AgentContractor: Any Licensed person who is employed by a licensed
fire alarm contractor or certified unlimited electrical contractor that is performing duties
which are an element of an activity that constitutes fire alarm system contracting requiring
certification under this part: and whose specific duties include any of the following: altering,
install in maintainin movin re airin re lacin servicin sellin or monitorin", a fire
alarm system for compensation. All associated work and personnel shall comply with Chapter
489 Florida Statutes, specifically 489.505.489..518, and 489.5185.:~~ i:e::; :~:.:::
=~ ~o=g, =~, mamtammg, sm Icmg, rOflamng, aIte ;;. =':;;' ';::::;:
~~:~~l;i::!, ~~~ :~~~l. for any building plaee or promises. ,A..!l associa d ' d n
shall eemply"nth Ch. 489, Fla. Stat.
larm user: Any person using an alarm or occupying and controlling Premises or building, or
portion of a premises or building, served by an Alarm.
udible alarm: An alarm that sounds a warning bell, buzzer, or other Sounding device that
an be heard for fifty (50) feet or more beyond the protected premises.
lass "A" alarms: All those alarms activated by illegal entry, in response to criminal activity,
Ire, or the need for emergency medical response and include alarms activated solely by an act
f nature not contributed to by faulty design, maintenance, installation or use.
alse alarms: All activated alarms, responded to by the police and/or fire department, which
o not qualify as class "A" alarms, including but not limited to alarms activated through
inadvertence, neglect, accident, alarm testing, and faulty installation or maintenance. and
2 excessive vibrations or power failure.
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4 Government: Any direct agency of any federal, state, county, or city government including
5 schools and the U.S. Postal Service.
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7 Person: Shall mean any natural person, individual or any firm, partnership, assocIatIOn,
8 limited partnership, sole proprietorship, corporation, apartment complex, condominium
9 association, or any business entity whatsoever.
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11 Premises: Shall mean the building or structure and adjoining property which is protected by
12 and upon which is installed an emergency alarm or alarm system.
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15 Sec. 2.5-3. Alarm operating permit required.
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17 -No person shall have an alarm installed to be operational, or use an existing alarm serving
18 premises, or a building, or portion thereof, occupied or controlled by such person, unless an
19 alarm operating permit in the form of a decal has been issued hereunder, and is in force,
20 authorizing the use of such alarm. Such alarm operating permit shall constitute a regulatory
21 license. For any alarm existing prior to the effective date of this chapter an alarm operating
22 permit application shall be made within sixty (60) days of the effective date hereof. A person
23 with an installed alarm system without a permit from the city shall be issued a notice of
24 violation and that person shall have ten (10) days from the date of the notice of violation to
25 make application for a permit. If application for a permit is not made within ten (10) days of
26 the notice of violation the person shall be in violation of this section.
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28 Sec. 2.5-4. Application for permit:
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30 (a) ,\pplication) Application for an alarm operating permit for the operation of an alarm
31 system shall be made by a person having control over the property on which the alarm system
32 is to be operated. Such application shall be made in writing to the building officialChief of
33 Police on a form designated by the city for that purpose. On such application, the applicant
34 shall set forth:
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36 (1) The name, address and telephone number of each person in control of the property.
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I (2) The street address of the property on which the alarm system is to be or has been
39 installed and operated.
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41 (3) Any business name used for the premises on which the alarm-system is to be installed
42 and operated.
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(4) Whether the alarm system or systems are or are not local alarms and whether the alarm
ystem or systems are designed to give notice of a burglary, fire, fleMand hold-up or of other
ype of emergency.
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(5) The name of the person or alarm system business whethat will install the alarm system.
(6) The names and telephone numbers of two (2) persons 'Nhichpersons. which are able to
and have agreed as follows:
a. To receive notification of alarm activation at any time;
b. To arrive at the alarm site within one (1) hour after receiving a request from a member of
the communications center, police department or fire department to do so; and
c. To grant access to the alarm site and to deactivate the alarm system if such becomes
necessary; or +fle..-the name and telephone number of an alarm system business \vhich that is
able and has agreed to provide as follows:
d. The names of two (2) persons listed with that company who are able to arrive within one
(1) hour after receiving a request from a member of the communications division, police
department or fire department to do so, and to grant access to the alarm site and to deactivate
the alarm system if necessary.
e. When necessary, the permit holder shall give the alarm system business the name and
telephone number of another person who is able and is willing to perform the above described
duties so that at least two (2) persons are listed with the alarm system business at all times.
f. The person having control over the property has authorized the alarm system business to
provide the names listed with that business pursuant to subsections d and e above to the police
and/or fire department or the communications center whenever that department(s) or the
communications center has requested that information in order to obtain assistance after an
alarm has been activated.
?') . ~.diatoly aft", receipt cflhe alarm operating permit .I'fllication, the :~.:g official
or hIS deSIgnee, shall forward a copy of the applIcatIOn to the commUnICatIOns . n.
Sec. 2.5-5. Term of permit; fee, nontransferable:
(a) Fee. A fee of thirty dollars ($30.00) shall be charged the alarm user by the city for each
alarm:-operating permit issued, to defray the cost of regulation. Successive renewal fees shall
not be required of a residential or commercial permit holder except as provided in subsection
{Q}
(b) Term and renewal. An alarm operating permit shall have an indefinite term from date of
issuance; provided however, the term shall expire and the permit fshall bet-deemed invalid
with any change in ownership of residential or commercial property to which the permit is
assigned. Compliance with subsections (1) and (2) shall revalidate the alarm permit.
(1) An alarm permit holder is required to notify the city within seven (7) days of any
change of alarm permit registration information.
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(2) Any change in ownership of residential or commercial property to which an alarm
permit is assigned shall require a new registration application and a fee of thirty dollars
($30.00).
( c) Permit nontransferable. Any alarm operating permit issued pursuant to this article shall
not be transferable or assignable and shall cover only one (1) building or premises or portion
thereof.
Sec. 2.5-6.
Issuance of alarm operating permit:
An alarm permit will be issued by the building officialChief of Police upon receipt of said
completed application, and the building officialChief of Police or his designee may inspect
the alarm equipment and planned installation and may require the submission of additional
and specific information.
An alarm operating permit shall be denied if:
(a) The requested information is not supplied on the application or such additional
I information as required tis not fumished.t
I (b)
Material information on the application is incorrect.
(c) Any person or entity listed on the application under items (a)(4), (5) and (6) of section
2.5-4 of this chapter does not possess any required occupational or regulatory license to
conduct the activities required by said items (a)(4), (5) and (6), unless the person or entity is
the alarm user.
(d)
If the equipment is found to be inferior and not capable of proper performance.
Sec. 2.5-7.
Decal required:
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34 Each alarm operating permit holder shall be issued an alarm decal by the building officiaChief
35 of lPolice. Said decal shall be displayed at the main entry or a conspicuous place visible at the
36 front of the premises of all business, commercial establishments, and residential premises,
37 covered by said permit.
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39 Sec. 2.5-8. Duties of property owner:
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41 For the purpose of this chapter, both the owner and lessee of an office or commercial premises
42 shall be considered to be the owners of the premises and shall be held jointly and severally
43 responsible for the registration of the alarm system and liable to the city for all service fees
44 charged for false alarms. The owner of an apartment complex or multifamily residence is
45 responsible for the registration of all alarm systems and shall be liable to the city for service
46 fees charged for false alarms.
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The person in control ofthe property on which an alarm system is installed shall:
(a) Ensure that any person listed with the city is able:
(1) To receive notification at any time;
(2) To come to the alarm site within one (1) hour after receiving a request from a member
of the police department, fire department or communications department to do so; and
(3) To grant access to the alarm site and to deactivate the alarm system if such becomes
necessary.
(4) To inspect the alarm system after each activation to ensure proper operation.
(b) Train all persons who may activate the alarm system in the proper operation of the
alarm system.
(c) Failure to respond as provided shall result in a fine of fifty dollars ($50.00). The police
department or fire department shall indicate on their false alarm report the failure to respond.
The fine shall be processed bv the Code Compliance Division through the Code Com;liance
Board.finance department shall be responsible for assessing the fifty &;llar ($50.00) fin .
(d) Notify the city within thirty (30) days of any changes of information contained on the
original application.
(e) Properly maintain the alarm system to ensure malfunctions due to faulty maintenance
will not occur.
Sec. 2.5-9. Duty of person notified to provide access to premises, render assistance.
Any person who is notified by any member of the communications division, police
department or fire department of the activation of an alarm system and who is able to give
access to the alarm site shall come to the alarm site within one (1) hour of the time such
person is notified of such activation and shall provide the police and/or fire department any
necessary access or assistance. Failure to respond as provided shall be grounds for and result
in the city taking reasonable action to deactivate the alarm. Fire alarms required by fire codes
and/or state statutes shall be exempt from deactivating the alarm.
Sec. 2.5-10. Operation and installation of system:
No person shall install, or cause to be installed or permit to be installed any alarm system
unless the requirements of this section are met.
(a) Any alarm system which may be activated as a result of different types of emergency
situations shall give a unique signal to designate activation as a result of a hold-up, a burglary,
a fire, or any other different type of emergency situation so that the proper notification and
proper response can be made.
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3 (b) Any local alarm system shall have a twenty-minute shutoff and must not make a sound
4 similar to that of a siren, an emergency vehicle or a civil defense warning system. For
5 purposes of this subsection any alarm system which emits any variable tone (as opposed to a
6 steady pitch or a ringing sound as is made by a bell) shall be considered to be emitting a
7 sound whichsound, that is similar to that of a siren, an emergency vehicle or a civil defense
8 warning system.
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10 (c) Any hold-up alarm shall be designed so that it may be activated only by intentional and
11 deliberate human action; and any owner found in violation of subsection (a), (b) or (c) shall be
12 fined fifty dollars ($50.00).
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14 (d) The police department or fire department shall indicate any violation of subsection (a),
15 (b) or (c) on the alarm report and eCode enforcement Compliance division shall be
16 responsible to take the appropriate action by issuing a notice of violation of this section. The
17 owner of the alarm system will have ten (10) days from the date of the notice of violation to
18 correct the violation. If the violation is not corrected within ten (10) days, the o\vner shall be
19 fined fifty dollars ($50.00). Tthe Code Compliance Division enforcement shall process the
20 violations through the Code Compliance Board.
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22 notify the finance department to mail the notice of fine (invoice) if the violation is not
23 corrected. If the fine is not paid within ten (10) days the alarm OVn1er will be in violation of
24 section 2 17 of this chapter.
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26 (e) The city may set reasonable standards and procedures to be followed by any alarm
27 system business or telephone answering service when giving notice to the communications
28 division of activation of an alarm system. Such standards and procedures shall be set out in
29 writing and made available to any alarnl system business or telephone answering service
30 requesting s-amei!.
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32 (f) The Fire Rescue Department shall indicate any violation of subsection (a) or (b) on
33 their alarm report. The Code Compliance Division Fire and Life Safety Division shall be
34 esponsible to take the appropriate action by issuing a notice of violation of this section. The
35 owner of property containing a commercial alarm system will have ten (10) days from the
36 ate of the notice of violation to correct the violation. If the violation is not corrected within
37 en days, the owner shall be fined $100.00 per day until the violation is corrected and Fire and
38 -' " .the Code Compliance Division shall process the
39 iolations throuah the Code Com liance Baeoard. The fines included in this section shall be
40 .The Fire and Life Safety Division shall notify
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44 All new and retrofitted fire alarm s stems shall be UL Certificated. When a
45 ertificate is issued for an alarm s stem it is the installer's declaration that the s stem will be
46 nstalled maintained tested and monitored in accordance with a licable codes and
standards. The Certificated installation is then subiect to random physical audit by UL's
alarm system specialists. In addition as part of the annual audit processes the UL's
renresentatives shall closelv scrutinize the required documentation that 2:oes alon2: with a
certificated alarm system. If noncompliance is found, the alarm company must rectify the
problem or face cancellation of the certificate. If cancellation of the certificate occurs other
compensatory measures shall be implemented as determined by the Fire Marshal or designee.
I Sec. 2.5-11. False alarms prohibited; exceptions:
No person shall intentionally activate an alarm system for any purpose other than an
emergency or threat of emergency of the kind for which the alarm system was designed to
give notice. ~: ~~"Ber or person responsible fur tosting a fire, b6fglary or e:;~:;;,y ~:
~::: Shal~ ~~I~ ~o nohfY the Pollee Department amllor the Fife 1lI :: :::
Di\iaion ~ minim~ of one (I) h06f prior to the alann system te:~~; ::~ ~:'. ~ :;
~ d~ ~~!roseouhoB under thIs soehon ilia! lbe alarm sys I s~ ::=~~
ilic purpooe of ;"sting ilie aJann, and the pemon who tested the ~I';';; ~.. . ~~u; .
~:~~~~~s :~ aVOId any request b0ll1g made to th0 pollee department or firc depa e
fespond to such alarm.
Sec. 2.5-12. Excessive false alarms declared a public nuisance; exceptions.
(a) The activation of more than three (3) false alarms of a residential alarm system within
I any fiscal year of October 1 through September 30 t'.volve month period of time is excessive
and constitutes a serious nuisance, and is hereby declared to be unlawful and a violation of
this section. No person shall allow, permit: cause or fail to prevent the activation for any
reason, by any alarm used by such person, or any alarm serving a premises or a building
I occupied and controlled by such person, of more than three (3) false alarms within any fiscal
year of October 1 through September 30 t'.'/elv0 month period oftimc.
(b) All new residential property with a permitted alarm system shall be exempt from the
application of this section for the first three (3) months from the date of initial installation.
(c) Occupancies with multiple alarm zones, apartment complexes, or commercial
occupancies with multiple alarm systems, that are maintained by the same company, may be
declared nuisance alarms by the Fire Marshal and shall be assessed a false alarm fee.
I Sec. 2.5-13. False alarm response service fee; collection:
For response to excessive false alarms by the police department or fire department, the alarm
user shall be charged a service fee by the City as follows:
I 1 st false alarm in a fiscal year of October 1 through September 30 12 month period
No charge
I 2nd false alarm in a fiscal year of October 1 through September 30 12 month period
No charge
I 3rd false alarm in a fiscal vear of October 1 through September 30 12 month period
No charge
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1 4th false alarm in a fiscal year of October 1 through September 30 12 month period
2 $75 for residential; $200 for commercial
3 5th false alarm in a fiscal year of October 1 through September 30 12 month period
4 $100 for residential; $500 for commercial
5 6th false alarm in a fiscal year of October 1 through September 30 12 month period
6 $150 for residential; $750 for commercial
7 ih and successive false alarm in a fiscal year of October 1 through September 30 +2-
8 month period $200 for residential; $1000 for commercial.
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10 Example: A residence with 9 false alarms within a fiscal year of October 1 through
11 September 30 12 months would be calculated as follows:
12 1 st $0
13 2nd$0
14 3rd $0
15 4th $75
16 5th $100
17 6th $150
18 ih$200
19 8th $200
20 9th $200
21 $925 Total
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23 The Cehief of.e~olice or his/her designee shall determine whether a false burglar alarm has
24 occurred and the frequency of such false alarms. The city shall notify alarm users of amounts
25 owed to the city and shall make demand therefore, pursuant to the provisions of this section.
26 The Fire Marshal shall determine whether a false fire or medical alarm has occurred and the
27 frequency of such alarms.
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29 fat-Proof of alarm repair on the date of the false alarm can result in the fine being reduced
30 or waived, if approved by the Fire Marshal or the Chief ofPolice-;-: or their designees.
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32 The Fire and Life Safety Division will bill and maintain records for all fire and medical false
33 u1arn1s.
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35 The city attorney may proceed by a suit in a court of competent jurisdiction to collect said
36 charge after demand therefore has been made by the city and the payment thereof refused by
37 the alarm user.
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39 Sec. 2.5-14. Interference with city telephone trunk lines prohibited:
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41 (a) No person shall use or cause to be used any telephone or electronic device or
42 attachment that automatically selects a public primary telephone trunk line of the
43 communications center, police Departmentdepartment, fire department or any other
44 department or bureau of the city, and then reproduces any prerecorded message to report any
45 burglary, unauthorized entry or other emergency.
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(b) No person shall provide a private alarm service system programmed to a central alarm
reception office unless it shall have the central office staffed at all times, twenty-four (24)
hours a day, including holidays.
(c) Any staff member of a private alarm service system reporting an alarm activation to
which police department and/or fire department response is requested shall identify himself
and state the name and telephone number of the alarm business by which such response is
requested.
(d) The request for response shall include the name, telephone number, and zone, if
applicable, of the alarm activation.
Sec. 2.5-15. Audible alarms:
All alarms which may be heard in any public placealarms that may be heard in any public
place shall be equipped and maintained to automatically cut off no longer than twenty (20)
minutes after being set off Activated.
Sec. 2.5-16. Enforcement through the Code Compliance Board codes enforcemcnt board:
The building official, .Erolice Cehief, Efire Cehief or their designees may initiate action
before the OO€ies-Codes Compliance Board enforcemcnt board of the city to obtain compliance
with this chapter and payment of service charges assessed by the city~ pursuant to section 2.5
H. The board shall have the authorify to place a lien against the property served by a burglar
and/or fire alarm in the amount of all assessed scrvice churgesdaily accrued fines.
administrative costs and service charges.
Sec. 2.5-17. Service charge, fines; failure to pay:
The owner of an alarm system in violation of a specified section of this chapter shall have ten
(10) days from the date ofthe violation notice to pay the service charge and/or fine.
(a) If the owner fails to pay the service charge or fine within ten (IO) days the matter will
be processed through the Code Compliance Board. city shall BO~~:: ~:~:'.::~~ni~
':::;~ ~:~; alarm syo/em BY .mIlied mad that the paymeR! " t e., 14= :::
~:~~~~~~ ~cmand that paymcnt be madc '.vi thin ten (l0) days of the da;c ~f th: a
payment letter.
(b) If the owner or person in charge of the alarm system fails to pay the past due amount
within ten (10) days, the city attorney may proceed by a suit in a court of competent
~urisdiction to collect said unpaid service charges and/or fines from an alarm system owner,
and the city attorney shall have the authority to place a lien against the property served by a
burglar and/or fire alarm in the amount of all assessed service charges and/or fines.
(c) The owner of the alarm system and/or the premises the alarm system serves shall be
esponsible for all costs incurred in collecting the service fee including attorney's fees.
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Sec. 2.5-18. Departmental review of contested fees:
(a) Alann users wishing to contest a false alarm response service fee shall provide to the
police fire rescue department, within thirty (30) days of imposition of the fee, a written
explanation including work orders specifving dates of service calls, detailing reasons that the
false alarm response service fee should be reduced or waived.
(b) The chiefs of the police department and the fire rescue and life safety department ~shall
each designate a member of their respective departments to process, review and make a
written recommendation to the department chief on each case contesting a false alaml
response service fee.
(c)_The chief of each department shall review the recommendation and may reduce,
remove, or leave unchanged the false alarm response service charge imposed pursuant to
section 2.5-13. The decision of the chief of the respective department shall be the final
decision of the city.
Sec. 2.5-19. Failure to notify:
No alarm business shall attempt to service, repair, alter, replace, move and/or test an alarm
system without a prior one: hour notice of intent to the City of Boynton Beach Fire and Life
Safety Division and/or the Police Department.. All reasonable precautions to avoid the
transmission of false alarms shall be made. Failure to notify one hour prior to the transmission
of a false alarm shall result in a fine of $50, payable by the alarm business.
(a) All alann businesses and alarm monitoring companies conducting fire or medical alarm
business in the City of Boynton Beach will register with the Fire and Life Safety Division of
the Bovnton Beach Fire Rescue Department.If the alarm business fails to pay the fine 'Nithin
~:a::;'s, the alarm business shall be notified via certified mail of their right to requost a
. g before a throe person board \vhich shall be composed of the City Managor, the
Director of Public Vi orks/Engineer and the Director of Development, or their designees,
\vhich hearing shall be held within ten days of the date of tho appeal to tho City Mana;er.
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~e~~~~, r;r;;~'~! of service, or other operating problems of fire and medical alarm systems in
the Glty of Boynton Beach.
Sec. 2.5-20. Alarm business responsibility:
An alarm company conducting fire alarm business within the city shall adhere to all
requirements of all applicable NFP A and UL Standards. Failure to comply with this section
of the code, as determined by the Fire Marshal, shall result in a fine of $1,000 in prosecution
before the Code Compliance Board. Fines shall be paid according to the guidelines in Sec.
2.5 19 (a) and (b).
Sec. 2.5-21. Damage to property:
The City of Boynton Beach shall not be financially responsible for any property damage
caused by the Police and/or Fire Rescue responding to an alarm. The alarm user shall be
solely responsible for any damages that occur while attempting to verify the cause for the
alarm activation.
Sec. 2.5-22 Operations Permit
(a) It shall be unlawful for any business engaged in the monitoring of fire alarms, or
inspecting and/or testing of fire alarms or suppression systems to operate within the
City without first obtaining an operational permit issued by the Fire Marshal.
(b) A person operating in violation of this chapter and/or Ch. 489, Fla. Stat., shall be
subject to a fine of up to five hundred dollars ($500) a day and/or sixty (60) days in
jail for each day business is operated in violation of this section.
(c) Application for the permit shall be made to the Fire Marshal on a form provided and
will be issued upon a determination that proper state and local licensing requirements
are met per Ch. 633, Fla. Stat., Ch. 489, Fla. Stat., and City Ordinance Sec. 13. There
is no additional fee for this permit.
(d) The permit shall remain in force as long as state and local licensing provisions are
maintained or unless the Fire Marshal determines that the business is not satisfactorily
maintaining the systems in accordance with the Florida Fire Prevention Code and
adopted NFP A codes.
Section 3. Should any section or provision of this ordinance or portion hereof, any
40
paragraph, sentence or word be declared by a court of competent jurisdiction to be invalid,
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such decision shall not affect the remainder of this ordinance.
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Section 4.
Authority is hereby granted to codify said ordinance.
Section 5.
This ordinance shall become effective immediately upon passage.
2
FIRST READING this _ day of
,2007.
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19 ATTEST:
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22 Janet M. Prainito, CMC
23 City Clerk
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27 (CORPORATE SEAL)
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SECOND, FINAL READING AND PASSAGE this
,2007.
day of
CITY OF BOYNTON BEACH, FLORIDA
Mayor - Jerry Taylor
V ice Mayor - Jose Rodriguez
Commissioner - Ronald Weiland
Commissioner - Mack McCray
Commissioner - Carl McKoy
CXhlt)IT M
,)007 prof! Dl Complete rewrite
- - - - - - - - - - - - - - - - - -.. - - - - ,.". _ _ _ ~ _ M.. _ _ _ _ _ ~ _ _ _ _ _ _". ~ _ _ _ _ _.. _ _ __
------
Deleted: 2007 Draft C Red is in;
blueis out
lLG~~!!~tex }~.~~ h~ ~ ~h~ ~h_h ~~ ~ ~ ~ ~ ~ ~ h hh ~h~~~ ~ ~ ~ ~ ~ h~~h~h~ ~h ~ h ~~ ~ ~ h ~ ~ ~ ~ h~ ~ ~ _ h~ hh~~h~ hh~~ h_h ~~ ~ _ ~~ ~ ~ ~ ~ h ~ h _ _~ ~~ h~ ~ ~ -< _ _ .~ - tDeleted: _
ALARM SYSTEMS.~~~ m~~h~~~~ ... ... _. ~m~~m~~~~~~-h_~~m~h_~_h~m~h~__~~~__~qm~~~_~~ .. Fonnatted: Font: Bold
~e~ti~n ~~5~1~ ~hort Ti~]~... _ ~.. ~ ~ ~ ~~.. ~
. .. - ~ - - - - - - - - - -- - - - - - .....- -.. -.. - - ,- -.. -.. - ~ -.. - ~ .. - - - - - - - - - - - - - -.... -.. - - - - -..-
,,- .. .. .... --.. """. -.... -.. ~ .. .. .. -"""" - - - - - -.. - -.. H - - _".. R _ _ _ H.... H.. _ _ M _.. _.. _..". _ _ v _ _ _ _ ". '. _.. _ ~.. ,. _ _ _ H _ _ _.. _.. _.... _ _ ......... _ _ _.. _ _ _ _ _ _ _ _ _ ~ _............ _ _ _ __
This chapter shall be known and cited as the "Burglar and Fire Alarrn..9~~~j!!~~~:::"m.h~hm_h~~~h~~_>\
Section 2.5-2 Definitions:
...... - - .. .... -.. .. .... - ,. - .. .. _ _ _ _ .. _.... __ _ u _ . _ _........ _.. .. _ _.. _.. .... _.. .. _ _ _ _ _ _ _"..... _ _ _.. _.... _ _ _.... __ _"".. ........ _ _.. _ ~.. _ _. .... _. _ .. _ .. _ _ _.. _ _ _ _.. '..... _ _.. _.... _ _.... _.. _ ... _ "
For the purpose of this chapter, whenever any of the following words or terms~~11.~~~~~l1e!~e~n,tl1eL~:\,,'\\,:.:::':::
shall have the meanings ascribed to them in this section: \ '
lann S stem: An electrical device si alin device or combination of electrical devices used to
si ~;na.jor ~detect a ~l~urgjary: ~ fi;'e: I:obbery. ~ormed;c~a.j ~eme;:gell~cy: ~~~ .. ~ ~.. ~ ~ -~ ~ - ~~ .~~. ~ ~ -~_.~-- ~~ ~ --.... ~.
,,-C~rnIller(;i<LI:Anx ~1,I~~~I?~t:!~!'~~ M.u!~pJ~t:!p~el!!P:R Yl?~it,.. ~!~)~~g~~ !ll:~!!~!Y~~ ~1111~~ 1111.s ~~ ~F:~~e~ Na!!!1 ~ ~ 1's~te!p:~,
to monitor flow, tamper, manual initiation devices and audible notification.
Residential: Any single family dwelling that has a Burglar Alarm System that mayor may not have
smoke detectors attached to the system.
Alarm Svstem Contractor: Means a person whose business includes the execution of contracts
re uirin the abilitv ex erience science knowled e. and skill to la out fabricate alarm s stems
for compensation, including, but not limited to. all types of alarm systems for all purposes.
UL Certified Installation: A "Certificated alarm svstem" is one where the certificate issuing Alarm
Company declares that standards complying alarm service is provided. It is equivalent to a
manufacturer whose name appears in a UL Product Directory choosing to place a UL Mark on a
specific production product. A Certificated alarm system is subiect to random audit by UL alarm
s stem auditors to countercheck com lianee 'ust as a roduct with a UL Mark is sub'ect to random
audi t.
Alarm user: Any person using an alarm or occupying and controlling Premises or building, or a
portion of a premises or building, served by an Alarm.
Audible alarm: An alarm that sounds a warning bell, buzzer, or other Sounding device that can be
heard for fifty (50) feet or more beyond the protected premises.
J
Deleted: .
Formatted: Font: Bold
Deleted: 'Belit..". Bete - Ordinance N~.
88.36, Iili 1-16, adopted July 19, 1988,
did
. - _.
Deleted: not specify manner of
eeelifioslieB classification: bence, sucb
provisions bave been designated as Ch.
2.5, ~Ii 2.5-1-2.5-16, hy the eEliter_'11
Section 2.5-1 Short title.'11
, , " Deleted: 'II
Deleted: (Ordinance No. 88-36, ~ 1,7-
19-88)
Fonnatted: Font: Bold
, ,
, ,
'. .,
-J
J
Deleted: are
Deleted: Alarm: Any device which is
used in a building or premises for the
detection of fire, medical alerts,
unauthorized entry, burglary or any other
criminal activity, and whicb when
activated emits a sound, signal or
message to alert others, wbether emitted
on or off the premises or to the central
office of an alarm business
-\:i:'.\:\
Formatted: Font color: Auto
Alarm lmsffiess Contractor: Any Licensed}
::::;a:ed in the business of selling,
leasing, monitoring, maintaining,
servicing, repairing, altering, replacing,
moving or installing any alarm for any
building place or premises.
Formatted: Normal (Web) I
~nnatted: Font co~: Aut~ J
1
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)
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'.... t Fonnatted: Font color: Auto
\.'. Formatted: Font color: Auto
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...{ Fonnatted:!:l:>rmal (Web)
;007 Draf't DJ Complete rewrite,
Class "A" alarms: All those alarms activated by illegal entry, in response to criminal activity, fire,
or the need for emergency medical response and include alarms activated solely by an act of nature
not contributed to by faulty design, maintenance, installation or use.
False alarms: All activated alarms, responded to by the police and/or fire department, which do not
qualify as class "A" alarms, including but not limited to alarms activated through inadvertence,
neglect, accident, alarm testing, and faulty installation or maintenance, and excessive vibrations or
power failure.
Government: Any direct agency of any federal, state, county, or city government including schools
and the U.S. Postal Service.
Person: Shall mean any natural person, individual or any firm, partnership, association, limited
partnership, sole proprietorship, corporation, apartment complex, condominium association, or any
business entity whatsoever.
Premises: Shall mean the building or structure and adjoining property which is protected by and
upon which is installed an emergency alarm or alarm system.,
.Sec.2~5~3""==AJaI1l1operatil1g perInit n~qllired....
No person shall have an alarm installed to be operational, or use an existing alarm serving,~,~~~
premises, or a building, or portion thereof, occupied or controlled by such person, unless an alarrrL~_
operating permit in the form of a decal has been issued hereunder, and is in force, authorizing the..____
use of such alarm. Such alafIl1;;()p~ra~til1g p~rt1ri~~l1(lllc;()l1s.titut~ ~ar~glll~~()~Y li~ce-"~~e~F'.or.(lI1Y alarm,..
existing prior to the effective date oftms chapter an alarm operating permit application shall.,l>e..
made within sixty (60) days of the effective date hereof. A person with an installed alarm system,.
without a permit from the city shall be issued a notice of violation and that person shall have ten,___~~
(10) days from the date of the notice of violation to make application for a permit. If application for
a permit is not made within ten (10) days of the notice of violation the person shall be in violation,
of this section.,
,
~Sec. 2.5-4. J\Pplicati()nforperrnit:
( a ~App Ii ~~(l!~()~n ~ f()r ~ ~I1 ~ al,!~op~~~tjl1g pe~rrnj~_ f()~ ~ !h,~ ~ op~~~tj 5lIl5?f (l11~ (ll~rrn ~ sY~~~m..~ ~11~11'.
be made by a person having control over the property on which the alarm system is .
to be operated. Such application shall be made in writing to theTC:~i(:f()fXolice()n,a
form designated by the city for that purpose. On such application, the applicant shall
set forth:
(1 ~Tl1eI1am..e,a4dressalld t~lephoIle Illlm..~e!()f each person~ in control of the
property.
(2 ~1'l1~Str~~~t ~ a44ressof ~11~~ p~()p~ertyoI1.. \Vl1ic,h the CilaI1l1sys!elpis to\)eor has.. ..
been installed and operated.
2
Deleted: 2007 Draft C Red is ill;
blue is out
Deleted: (Ord. No. 88~36, ~ 2, 7~19-8g;
Ord, No. 90-43, S I, 9~18-90; Ord. No.
\.~~-46, ~ :':..:2: I :~.~L...~~__
J Deleted:
... rF-;;-;:;"atteci;F;~t:B;I~d
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, Deleted:
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i Deleted: (Ord. No. 88-36, ~ 3, 7-1\
lOrd. No. 90-43, S 2,9-18-90; Ord. No.
I 92~5, ~ I,
__.__...._ .. ..._..... .._,__, ..m_..... ....... _~_.....
1 Formatted: Indent: Left: 0",
Hanging: 1"
'1 Deleted: 3~3-92; Ord. No. 94~29, Q ;'.
I 9-9-94)~ .
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\ Formatted: Font: Bold
1 Formatted: Indent: Left: 0.5",
'."1;;~~;'~~;'~:"'~'~
'! Deleted:
f Deleted: building official
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l Hanging: 0.5"
j Deleted:
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. l Hanging; 0.5"
('~. ~. ... ...~. .... .,"~~-~....~
: Deleted:
I
-<:
, I ,JOO; pratt Dl Complete rewrite
- -.. - - -- - - -.... -.... - - - -.... ~ - -.. -"- -.. - -.. --.... - -- - -.. ~ -.. --- -.. ---.. - - - ~ ~.. - - -.... - -.. ~ - -...... - -.. - --~
-- Deleted: 2007 Draft C Red is ill;
blue Is out
(3 L~~ X ~~~~~1.1_C::~~_ ~~I):l~~1l~C::~ J~_~ ~~~~ 1?~~I):lj~~~~_ ~C?~ ~,:,:,hi~~h ~ rtt~c:: _~J~~___~X~!~~ ~ ~~ ~ !~_ ~~~~ ~~~ ~ ~. ~ ~ ~
installed and operated. '.
Formatted: Indent: left: 1",
Hanging: OS'
Deleted:
Formatted: Indent: left: 111,
Hanging: OS'
~.
Deleted:
(4 L~Wh~!~~c::~~!~_c:: ~~J~~~~y~~!~~ ~~!. ~sY~!c::~~ ~ ~!.~~~~~~r~ ~n~!~~~-,~~J~~~~~~_ ~~~~h~~th~~ ~+-~~~~~ ~
the alarm system or systems are designed to give notice of a burglary, fire, '.
hold-up, or of other type of emergency.
"'n~__~ Formatted: Indent: left: 1",
~-. , Hanging: OS
.~".<.":[;:;:===~="==J
(6LI~~ }?-~I):l_C::~ - ~~~~ ~!~}~.ph~1.1_C:: ~1.1_11~~~C::~~_ 5'!r !'Y~ ~ m .P~C::~~~C?~~lh~! _ ~!.c:: ~ ~~!~~~5'! ~ ~~~ ~ ~ ~ ~ ~ ~+: .
have agreed as follows: "'\....
'----'-<'( Deleted:
d,,-===1)1~ Il_,!~_C::~ 5'!f t~~ ~ (2) 'p~e~s~~s ~ !~~!~~~~ 'Yi~tJ1 ~ !h.~! ~ c~~E~Y ~~~ ~ aT'? ~ ap le~ ~~'" \.\!>eleted: The
to arrive within one (1) hour after receiving a request from a member....... Deleted: which
of the communications division, police department or fire department '. Formatted: Indent: left:
to do so, and to grant access to the alarm site and to deactivate the Hanging: 0.5"
alarm system if necessary. . "..Deleted:
(5LI~~Il~~~~()J Jh~p~~~~1.1~ ~~~ ~l_a~ ~sy~!e~~~lls~i~~~s)~at~ \yiJI~ i~~t~l) the~<ll~~ ~ ~.
system.
a'<==.-X ()~ Il~~~~y~e _1.1~{)tifi~~ti~1.1~C?f <lI~ ~a~.ti ~liti~()~ ~at~ lin y ~ti~I):l~;~ ~
b,,___=__Jo~ li~,,-e ~~~~ !h~~!~~~s!!e~!:\':~t.l1j~~~~~.o). h~llr'!f!~~~~~~!~1.1gli ~ ~. ~ __
request from a member of the communications center, police
department or fire department to do so; and
c~1: O~~~( <l~~~~~~~ ~to ~ !he~ lil~,!~ ~*~~ ~~d!()~~~a~~!i~Yli!~ ~!h.~ ~ ~J_'!~ _~x~t~!I! ~ if":-.. '-
such becomes necessary; or ,thellaJl1e li1.1dteleph~t:l~t:lu!l!lJe~ ()faIl... ...
alarm system busin ess Jh!it .is _ ~~I~'!1.1d ha~~ ~,!gJ:~~1~ ~~ y~~~~i ~~~ a~s ~ ~ ~
follows:
e '<==.-~Wh~et:l~~~~~~!iry, .th~ P~P!ljt_ h.()J~~~~ ~~~~~!! ~gj~~ ~tJ1~ .!il~.r:nr~ ~~t~J?l~ _ ~ ~ ~
business the name and telephone number of another person who is
able and is willing to perform the above described duties so that at
least two (2) persons are listed with the alarm system business at all
times.
f ,,=-==-1:h~~ y~~!,s~I1 ~~~,!y_i~gc:~1.1_tI::()J~ ~,,-er. th~~R~()1?~rtY h~ _ll.l!!h~{)Ti~~~tl1{:aJ<l~ ~"-.. ~ ~
system business to provide the names listed with that business .
pursuant to subsections d and e above to the police and/or fire
department or the communications center whenever that
department(s) or the communications center has requested that
information in order to obtain assistance after an alarm has been
activated.
,,- .. -.." .... .. .. .. - -.... - - .... . . ... ... . - ~ .. . -.. ...... ~ -.... -...... ........ ....... ~ -. . ... -.... -" -.. ,..
~~~~.~ ~~=~~?:n ~ - }~~ ~~X 1?~~j~t;~ r~~! ~~<?~!!~~X~!.~~I~:__ ~ n __~ n__ _ ~ __ ~ ~ ~ ~ ~ _ ~ ~ ~~~ ~ _ ~ __ _ _ ~ ~ _ _ ~ ~n ~ __ ~ ~ _ ~ ~ ~ n ~__~~ ~ ~ ~ _ ~ ~ ~ ~ ~~.
3
....
---
Formatted: Indent: left: I",
Hanging: 0.5"
-
Deleted:
Deleted: which
Formatted: Indent: left: 1 ", First
line: 0.5"
Deleted:
..... -.-.
formatted: Indent: left: 1.5",
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Hanging: 0.5"
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1.5",
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Deleted:
. - Formatted: Indent: left: 1.5",
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. l Deleted:
Deleted: '\I
(b) Innnediately after receipt of the
alarm operating permit application, the
building official or his designee. shall
forward a copy of the application to the
commWlications division. (On!. No. 88-
36 9 4,7-19-88; Ord. No. 91-6, 9 1,2-19-
91)11
"'f Formatted: Font: El?ld --__J
;007 Draft Dl Complete rewrite
(a ~~ ~~'.P. ree~ ~L~~~ir.tX ~oJJ'!~~~ C~~~Q :Q9)__~~~~!L1:>~e~~~~t:g~~~~~e~ '!!~~ ~~1~~!J~L~4~~~!!xX<!r~ ~ ~ ~ ~ ~ .'
each alarrn.:()p~e~atil1gp~ellnit i.ss~e4, t~o ~efr:ax tl1~ ~cost()fregllla!io.n. ~ S.1l5:;ces~~iv~.. .
renewal fees shall not be required of a residential or commercial permit holder
except as provided in subsectiol\ClJ,L. ~
~Term and renewal. An alarm operating permit shall have an indefinite term from
date of issuance; provided however, the term shall expire and the permit...?~~~lI~1:J~~~__
deemed invalid with any change in ownership of residential or commercial property
to which the permit is assigned. Compliance with subsections (1) and (2) shall
revalidate the alarm permit.
( 1 ~An ~~la~ ~p~~fI!!i t ~h()!~er~ iSJ~~9-l.l!!~d~ ~~~ ~n~<!!if)' ~t~~e ~ ci t)' \Vi tl1in~ s.e>:eIl D)d,!ys .oX. ~.
any change of alarm permit registration information.
(2 ~Any ch~nge in~ ()\V11er:ship ~ ()(re.sidenti<ilor (;()1llIl1ercial~ prop~~rtxt~o ~ \Vhicl1 an
alarm permit is assigned shall require a new registration application and a fee
of thirty dollars ($30.00).
( c ~? (:1!llit Ilontr,!n~f~rable:. i\Ily.al~1!ll ()p~r~tiI1gp~TIl1it issue4purs.u'!"t t() .this .~rticle
shall not be transferable or assignable and shall cover only one (1) building or
premises or portion thereof..
~~C:'. ~2 ~ ~~6..=~_Js~~~Ilc~e ~oXal~l!TI ~ op.era~tillg peftI1it:
An alarm permit will be issued by the.Cl1ieK()ff>()1i.c~~1l1'<!I1r.ec(:ipt~()fsai4c()IIlpl~et~4applic<tti<?l1'
and the .c:bi~f of Po Ii ce ()r hi.s4~sigtl.ee IIla)'in~p~ect~ tl1e <t!~I1!1~q~iPtI1ent an4plaIln,ed. il1st<illation
and may require the submission of additional and specific information.
An ala1111;;oPt:ratiIlg Jle~1!llit. Sl1~U lJe. <ienit:d if:.
(a ~The request.ed iIlf()1!ll'!ti.oll is ~ llo~t s~UJlplie4011 ~theapp Ii cationorsu(;l1~~diti()nal.
information as requiredjsnot,provided.
(b~Materi<tlillf()TIl1at!()nollth,eappli(;ati()lljsin(;orre(;t. ~ . ~
(c ~i\nyper.soIloreIltity ~ listt:d ()n~ tl1t:appli(;ati()n~llnd~eriteIIls (~2( ~), (~)<lIl~d (~). of
section 2.5-4 of this chapter does not possess any required occupational or
regulatory license to conduct the activities required by said items (a)(4), (5) and (6),
unless the person or entity is the alarm user.
illL-If the equipment is found to be inferior and not capable of proper performance~
I ~ec.}.~-7~I?e(;alr(:quired:
4
Deleted: 2007 Draft C Red is in;
blue is our
, Deleted:
1.........._.____._.__...........
. J, Deleted:
. r ~eleted: 1r
. rDel;;t;l;)~
.! Formatted: Indent: Left: OS',
. L~angin~_:~9.:~5"~~
'-{ Deleted: [
-C~~~~i: ..mmm~_~_mm.__m
.[ Formatted: Indent: Left: 1",
Hanging: 0.5"
-1 Deleted:
1 Formatted: Indent: Left: 1",
i Hanging: 0.5"
/"'....._ _. __.... ...._._.._..,=,,=.~.7_=""'''.,..==OC...
, Deleted:
,.--------------..-.--.--------.-
l' Formatted: Indent: Left: OS',
Hanging: OS'
, >.~. _ __..... ;==_='~'C'
., Deleted:
i Deleted: (Ord. No. 88-36; ~ 5, 7-19~8;:~
Ord. No. 90-43, S 3,9-18-90: Ord. No.
90-59, ~ 1, 12-18-90)
1 Formatted: Font: Bold
i Deleted:
(D~ieb;d:-b~;;;;;;;~ official
',I).!~:~ll!lcliII~~~~,,~L ..
..--.----.---..'---
LI)~el~:
i Formatted: Indent:-Left: OS',
i Hanging: 0.5"
_.__......,-e:~''''.='''''=.-,-.==-'''".=="."."._-
\ Deleted:
Deleted: [
1 Deleted: furnished.]
t~_~~~~:_!~~E!'2.t:~~i!~ ~i~e:.~0.5"
{Deleted: ~~m
': Formatted: Indent: Left: OS',
. OS
Deleted:
Formatted: Indent: Left: 0.25",
First line: 0.25", No bullets or
numbering
.~---~--_._--
--~----
" Deleted: (Ord. No 88~36, ~ 6, 7~19.
: 88; Ord. No. 90-43, ~ 4, 9~ 18~90)
, -1 Formatted: Indent:~ Left: 0"
r Deleted:
. Formatted: Font: Bold
, I .)007 Draft Dl Complete rewrite
. - -.. . - - - - .. - - -. - -. - - - - - - - - - - -. ....... ~ - - - - -., - -- _ _ _ _ _ M _. _ _ ~.._
Deleted: 2007 Draft C Red is in;
blue is out
Each alarm operating permit holder shall be issued an alarm decal by the.~~j!':t()L1>~~l!~_~:~$_~!~h~~~h~~/-'{ Deleted: building official.
decal shall be displayed at the main entry or a conspicuous place visible at the front of the premises
of all business, commercial establishments, and residential premises, covered by said permit.'h~h~
.,~~- Deleted: (Orel. No. 88-36, ~ 7, 7-19-88;
Onl. No. 90-43, ~ 5, 9-18-90)
1.s."2.~"~])Uti"'.OfP'OR"iJ'~~"",''',, u. m. u . m u .. u u m u . m 'muu u .U. UUmm U'. u<::::i ::"'7' ''m, &Id
For the purpose of this chapter, both the owner and lessee of an office or commercial premises shall
be considered to be the owners of the premises and shall be held jointly and severally responsible
for the registration of the alarm system and liable to the city for all service fees charged for false
alarms. The owner of an apartment complex or multifamily residence is responsible for the
registration of all alarm systems and shall be liable to the city for service fees charged for false
alarms.
l
J
The person in control of the property on which an alarm system is installed shall:
(a~~~sllr~ ~tJ!~~ ~anYJ~~!~()!lJ!~~~~~~'.it~the~~Aty~ !s~~bI~:~ ~ .... ~~~.. ~ ~ ~ ~ ~.. ~ h ~~ ~. ~. ~ ~~ ~ ~ _ ~ ~ ~~ ~ h ~~~.. ~
r--
+-~.~~..~ Formatted: Indent: First line: OS'
Deleted:
(I )..=.~.~J'~()J~c~iy!,: }l~!!f!~_~!!~~~~t~~YJ!~~;~ ~ __ ~ h h~ h ~ ~ hhh ~ ~ ~ ~ ~ _ ~ ~ ~ ~ ~ ~ ~ ~~ ~~ ~ h ~ ~ ~ ~ ~ h~ ~__~~h~:~: ~~ - ~- Formatted: Indent: Left: 0.5", Firs;]
"'" line: OS' . .
(2~J o~ c:.()tn~ t~ _!~~~ ~~J~I)1)~ ~~i~t.~~ ~j~h!n~()!l.~~ (1) ~ hl?lIr~~~:(t.~r~r~c~i.yi~g~l!~~e~qlles.tti-()~lll a...... '. Deleted: .
member of the police department, fire department or communications .\.. "'1 Formatted: Indent: Left: 1",
department to do so; and \. Hanging: OS
Deleted:
(3 ~.T..l?~gr~!l!~~~~~~~~~~~~ !~~~ ~~J~~~_~i~~~~~~~~l?~ ~~~~~j~ll~~~~Q1~~~'!-J~I)1)~ s~y~~~~_iX _~1,l~~h_~ ~~.. - -~~~ ~ Formatted: Indent: Left: 1", ]
becomes necessary. - Ha~ging: os _ _
't Deleted: )
(4 ~Io i!l.s.l'ec:.t .th~ala_Tll1~ ~ys~t~ern~~ft~~ ~ell~ch .a~~ti~~ti()~ ~t()~ ~~~s1,lr.ep~r.l?1?~~r. ~l?1?~.r.a!!()~n, ~ ~+-~ ~ h ~ ~r Form~: Indent: Left: 0.5", First
", line: 0.5"
(b ~I!~l!!~hl!I!.P.~~~~!l.~~~h~~lll~y~<l~~j:-:'!-~!':~~~~~'!-!~Tll1~s.Ys._t.~~j~!h~J).r.()1?~r.5?1?~~r~!j~~~~f.!h~h~::...'."lDeleted: . .~ . _ J
alarm system. "'. '. Formatted: Indent: Left: OS,
. Hanging: OS'
(c ~I:<lill!!~ ~!o r~~s1?o~n~ ~ (is 1?r()"idt::d~.s.~.~!! _r.e~~ult!~ ~a.f!~e~ ()f.fi~f!x~()llars~ (~~~.g~2:.'I!1~~. ~....
police department or fire department shall indicate on their false alarm report the
failure to respond. .J:~.~~f!!l.~ _ ~hll.1.1~~~~ P.!'~~!':~S._~~.~x~!~~e~~~~~~~~l1JP'!j~~~~~ !?j~sj()l1~ ~~ ~ ~ ~ ~
through the Code Compliance Board.
, Deleted:
Formatted: Indent: Left: OS',
Hanging: OS'
Deleted: 1
Deleted: The fmance department shall
. .... . '. be responsible for assessing lbe filly
(d~N(mh the ~lt)f~~lth!I) thgi)' J~m~ ~aY~~()f~)' ~<;hal1ges()f1I)f():rl11<ltI~OIlc~()I)!'!-!~~.(i()11~ ~ ~ ~",_. dollar (S50.00) fine
the original appliCatiOn.\......(Formatted: Indent: Left: OS', l
\. Hanging: OS )
( e ~r!~().l'~!l): _ rn~~!~~~~jI.1. ~t~~~ ~~!'!-.I:lll_ s.Ys.~!':rn. ~() ~ ~~~.L!!~~ J!l~IJl!!l~~ti~()I.1.~~ <!1,l~~ ~~()~ f~~I~ty~ ~ ~ ~ ~ ~ _ ~ ~ _ ~ ~ ~ ~ ~ ~ ~ ~"""'"
maintenance will not occur., ..... '~h__~~~q~..... ~.. q.q.q__~~~ ::'.,
~s.f?c. .2~~~~~I?ut)' ~ ()fp~r.s~~~Il~tifie4 ~t()~ pr~"i.4~~ ~ac~ce~sst()pr~rni.ses, r~eIld.t::r ~ ~~~sist~n(;e~.. ~.. ~ ...... ~ ~ ~ ~ ~.. ~ ~ ~'- ..
",'. LDeleted: (Ord. No. 88-36, ~ 8, 7-19- J
Any person who is notified by any member of the communications division, police department or '-:-'. 88: Ord. No. 90-43, ~ 6, 9-18-90
fire department of the activation of an alarm system and who is able to give access to the alarm site \<[Formatted: Font:'Bold ~. l
_Deleted:
Deleted:
Formatted: Indent: Left: OS',
Hanging: OS'
Deleted:
"
5
,)007 Draft Dl Complete rewrite
shall come to the alarm site within one (1) hour of the time such person is notified of such
activation and shall provide the police and/or fire department any necessary access or assistance.
Failure to respond as provided shall be grounds for and result in the city taking reasonable action to
deactivate the alarm. Fire alarms required by fire codes and/or state statutes shall be exempt from
deactivating the alarm. T.
~ec.. 2:5~ 10: ~... Qp~erati.ol1 ~atl~ J:ns~~a!la~t}()l1 ~C!f. ~y~t~ll1:~
No person shall install, or cause to be installed or permit to be installed any alarm system unless the
requirements of this section are met.
(a ~Any ~ a~la~~~y~!~~~~hich ~~~l~)'~~~~~c~t('!<1.!~~ ~a~~ '! ~~~~l!lt~~td}f~er~~( ~)p_~~~()f n ~ ~. ~ ~. ~... ~.
emergency situations shall give a unique signal to designate activation as a result of
a hold-up, a burglary, a fire, or any other different type of emergency situation so
that the proper notification and proper response can be made.
(b ~Any_lC!5:<1.1 ~l':l~ ~s)'s~~rn~s~h<lI)~l1<1.,!~e .':l~ t~~~~~~Y~!!1!nl!~~ .shl!~()f[<1.~~~J1l~~~_ I!C!~~ ~IT).<1.k~a... .
sound similar to that of a siren, an emergency vehicle or a civil defense warning
system. For purposes of this subsection any alarm system which emits any variable
tone (as opposed to a steady pitch or a,riTlgjI!g~o~ul1d~as)s~a~deJ)Y~':l~~e11)sl1<l.llJ)e
considered to be emitting a sound.,that}ssil11ilarto that ofa siren, an emergency
vehicle or a civil defense warning system.
( c ~An y ~ hC! l(kllP~ ~~!':l~ ~ ~h':l}} ~ 1J~~ ~~~(~~~~~ ~() ~ !ha! ~ t!IT).~Y~ 1Je~ ~c~ ~~~~~~ ~()l1!Y~~), ~i~!~n~!()~~al ~ ~. ~
and deliberate human action; and any owner found in violation of subsection (a), (b)
or (c) shall be fined fifty dollars ($50.00).
(d ~:r11~~ J!~!i~c~ ~d~p~~~~l1t~or~ fi!~eA~p~~l11e~t ~ ~h':ll}~ il1d}~~~~~ ~al1)' ~,!i~lat!~~~()[sl!1J~ectio~n.. .
(a), (b) or (c) on the alarm report andJh~~g~()~~~<:~(?111pli~~n5:~--';)tY5~~~C!.1.1_~h~))_1Je--npppp
responsible to take the appropriate action by issuing a notice of violation of this
section. The owner of the alarm system will have ten (l0) days from the date of the
notice of violation to correct the violation. If the violation is not corrected within ten
(10) days, the owner shall be fined fifty dollars ($50.00). ~rhe~<::()~e.<::'()IllpliCU1~e
Division shall process violations through the Code Compliance Board.
(e ~:rl1e city fIlay set~e<ls~n~1*st,u14a~ds ~alld procedurestobe foll()~ed 1Jyanyalarm
system business or telephone answering service when giving notice to the
communications division of activation of an alarm system. Such standards and
procedures shall be set out in writing and made available to any alarm system
business or telephone answering service requestingjj:.~pp~p .p.
LtLTheF)r~ ~~e~sc\l~ pep':l~ent sh<l.ll iIl~ic<1.tea~y yi()1':lti()I10f s~u1J~ect!()n (a) ~ ()r(b) on th(:ir' ·
alarm report. TTlle~~~C!4~<::OIlIpli~aIl~~ pi ,,~si()~ sl1<llllJe~~e~p()I.lsibl~t()~ l(l~~ ~th~e.
appropriate action by issuing a notice of violation of this section. The owner of. a .
commercial alarm system will have ten days from the date of the notice of violation to
correct the violation. If the violation is not corrected within ten days, the owner shall be
6
Deleted: 2007 Draft C Red is in;
blue is oul
!-'D~~.~'O;d~'N~. 88_36~"'~-9.:m~1'9-~88:
! Ord. No. 90-43, S 7,9-18-90; Ord. No
i 98-46, S 2, 12-1-98)
(F~~;"~tted; Fo~t:-B~id
Formatted: Indent: Left: 0.5",
Hanging; 0.5"
{ Deleted:
('-.-..--.-----...--.-.......-.-..--....... ... ..--.......-...-.-.-......
Formatted: Indent: Left: 0.5",
Hanging: 0.5"
Deleted:
'--.------..-.......-.. .-....... .........--..------...-.--..-..
----~~---
i Deleted: ~
L~~gu:?_~~~ mm~~mm
. ~ 1 Deleted: which
! Formatted: Indent: Left: 0.5",
!;~~~ging~m~:?':~....... ""c.................~...~CC"C~c.
. i Deleted:
1 Formatted: Indent: Left: 0.5",
! Hanging: 0.5"
. . (Deleted: ..
;
! Deleted: code enforcement division
i shall be responsible to take
'-m.. _ .__ m .... .. ................ .-........... _0___'.''''''''___'._
...i Deleted: Code enforcement shall notify"
I the fmance department to mail the notice
offme (invoice) if the violation is not
i corrected. If the fme is not paid within ten
I (10) days the alarm owner will be in
'- violation of section 2-17 of this chapter
rF;;rm~tted~~i~d~~~t :L~it:~o.5;'~,~
. Hanging: 0.5"
'i.~I:):I~~_~_~ ..... .m~m.'....
{ Deleted: same _.~-'-----
{ Deleted: (1) .
>-
I Formatted: Numbered + Level: 1 +
, Numbering Styie: a, b, c, ... + Start
I at: 6 + Alignment: Left + Aligned at:
0.5" + Tab after: 0.75" + Indent at:
. I 0.75"
.. 'l Deleted: The Fire and Life Safety
'r . . .... ."
1 Formatted: Font color; Auto
. I ;007 Draft Dl Comvlete rewrite
- - - - - - - - - - - - - - - - - - - - ~ - - - ~ - - - - - - - .
_ - - - Deleted: 2007 Draft C Red is in;
blue is ouf
fined ..$) ~Q:9~~p_~~~ ~~x-~~~Uh~~yj_()J!l:ti~()~j~_~~!!~~~~~_~1]_4~ f:t~~~~~4_J:i[~_~_~f~_tX!l:c:~_~R~~_ __ ~ ~~<~ _ _ ~_ - t Deleted: W $
system changes or repairs..}:!.1e ~ ~1]~~~~ j~~}~l!~~.c! )r:1 t~~~~ ~_~~tj<:l1]~ ~~~~~!! -~~~_~~f<:l~~~~~~ ~h~<:lu.gh __ _ ~ _..;~,~-
the Code Compliance Board. " ".
No person shall intentionally activate an alarm system for any purpose other than an emergency or "
threat of emergency of the kind for which the alarm system was designed to give notice. The owner /:'
or person responsible for testing a fire, burglary or emergency alarm system shall be required to ,;','
,:' ,
notify the f 9]~(c:~~ pepaJ:1~l1!~ll( ~n.c!~ 9~~ _~h~Ei!~ ~ ~~ ~J;.*~ ~llf~ty Pi yj~~~<:ln.!l: ~l1!i~~l}l~~ ~()[()I1~~ 02 ~~~()l!r: ~.
prior to the alarm system test. It shall then be an affirmative defense to prosecution under this
section that the alarm system sounded solely for the purpose of testing the alarm, and the person
who tested the alarm took reasonable precautions to avoid any request being made to the police
department or fire department to respond to such alarm. .Y:i~9Jl!!t()~~~<:lr~p5~~.~~C:!!<:lI]_~~4!l:n.l:>~h~~.__.__~___j ///
punishable in accordance with procedures set forth in Section 2.5-] 9. i//':
1'<<, ~2.S, 12. n ~ Exo",~,i v, ~ [.I", ~ ,ja"", ~ ~" J"'<>l ~ p~u b Ii, ~u; '..oo,'~ ,,,,,ti ~oru;, ~ ~ .. ~ ~ ~. ~ . ~ ~ ~ ~ n ~ n ~ n ~ ~ n ~ n ~';
(a ~Ih~~~~ti.v:lltj~o~ ~()[~()~~~. !h~ -!J:I!:~~~Q).[lll~~_~!~~~j~ ~ll.~~~i~~~~llJ_ <:l~~~P!l:1].c:y ~!~j~~~ ~.-l>;: <.
:~~~~c!~rs~~rc~~: ~~t~~~e;ebh;~~~ra;:;fi~~~eJn1~1~i~:J~lY~{~k:~~nc;r-i;i~:~ ~ ll~ ~ ~.. ~ ~ .'/>'>(Deleted: twelve-month period
section. No person shall allow, permit, cause or fail to prevent the~ctj~llti()~J()~~~anLf /,{ Deleted: time
reason, by any alarm used by such person, or any alarm serving a premises or a ,/: Fonnatted: Indent: Left: 0.5",
building occupied and controlled by such person, of more than three (3) false alarms /:': Hanging: OS
within any J:i~~~.'!Ly.~ll.~ ~[..Q~C:!<:llJ~r:JJhr:<:l~~g;h~~~~P!~!!I~f?!'~ ~~9:__~~~ ~___h~ ~h ~~.u.u~~ __ ~u ~. __~ ~ j Deleted:
_ A Fonnatted
( L-O '. hI' I I I' I .-' ..f Deleted:
C cCtlpan~]e~.~w]t ~~~__t}P ~ a 1l~~~.0~~s,flP~!"!!!Ie~!~c()m.p~~)(.~~!.4..0~~~(:~~e.~(:~~~. ____~__ ~::: (Dieted ~ _.
occupancies with multiple alarm systems, .t~~~.~~~l11~~1].ta~I]~~9.~lJ)'~~~e~~!l:lTI~ ~C:<:ll}lP!l:n)'1 ~ . '. 1,_ e : €If
may be declared nuisance alarms by the Fire Marshal and shall be assessed a false . , . Fonnatted: Font color: Auto
. ,
alarm fee. Fonnatted: Font color: Auto
(g) All new and retrofitted fire alarm systems shall be UL Certificated. When a Certificate
is issued for an alarm system. it is the installer's declaration that the system will be
installed. maintained. tested and monitored in accordance with applicable codes and
standards. The Certificated installation is then subiect to random physical audit by UL's
alarm system specialists. In addition as part of the annual audit processes the UL
Representatives shall closely scmtinize the required documentation that goes along with
a certificated alarnl system. Ifnoncompliance is found. the alann company must rectify
the problem or face cancellation of the Certificate. If cancellation of the Certificate
occurs other Compensatory measures shall be implemented as determined by the Fire
Marshal or designee.
.S.ec.~2~:;~ 11~ . _ False~ ~ala~~~ p~~hXi?i!~~4; ~ ~_~~~~o~ns~: ~ ~ ~.. ~ ~~
.--------..-----..-----..----..--------------
(b ~AIlI1~"':'l~~~9.eJ1t~lll J~~()p~J1y... ",it~!l: p~ll11i~tt~~~~ ~llla~ ~ s)'st~l11~ ~~~~~I! ~lJ~~ ~ ~?'~~l1!P~ Jrc:)J~..
the application of this section for the first three (3) months from the date of initial
installation.
7
~
--
'. Formatted: Font color: Auto, Not
Strikethrough
Fonnatted: Font COIOf: Auto
Deleted: The Fire and Life Safety
Division shall notify the Finance
Deparnnent to mail the notice of fine if
the violation is not corrected. If the fme
is not paid within ten clays, the alarm
owner will be in violation of Sec. 2.5-] 7
ofdris chapter. (Ord No. 88-36, g 10,7-
19-88: Oni. No. 90-43, g 8, 9-18-90: Ord
... No. 98-46, p, 12-1-98)
Formatted: Normal (Web), Indent:
Left: 0.5", Hanging: 0.25"
Fonnatted: Font: Bold J
, Deleted: eeHllBt:lftiea1:isDS
Fonnatted: Font color: Auto
, Deleted: (Ord. No, 88-36, g 11,7-19-
,: 88; Old No. 90-43, g 9,9-18-90)
Formatted: Font: Bold -,
'. Formatted: Indent: Left: 0.5", J
' Hanging: 0.5"
.~
; Deleted:
:, Deleted: emissiett
...
, Fonnatted: Font color: Auto
Formatted: Font color: Auto
Deleted: twelve-month period
Deleted: time
Deleted: emissiett,
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1
)
J
J
J
]
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.. ~
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J
. . Fonnatted: Font color: Auto
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Deleted: (Old,~-36, g 12, ... 2
)S~false~ alarrn ina).lscaJ ~ y~ear: ()fQc!()~~F~ 1 ~.$eJ?!e~b~r }O.~ ~l\I()<:haI"ge....
.zndfalsealal111ina"fi~t:~1 x~~ar ~or Q.c.t,()~er}~~S~~pt~~n:!J(:r:}O..== J'JCl~cp:arge~..... ... ,. ..'~
~r. ~fal~e. ,alallIl in aiisc.'ll year ()f~Qct()be~~~I..~ ~~~:Q!eln~e.~~~9.. =~ l\I()cl1arge .---~-~ ~---_.-~~-~--~~~~.-
,.4thfalsealallIl il1 aiis~Cll vear ()fQ~~()b~r.1 ~~~~ep~~J11I:>~e~}9. == ~7? XClr:~resi~4~~!~al; gOQ KClr, ~().J11IP:erciCll...... '
.s~~ fals~ ~a~~~ il1 ~a,fi~~cs:l~ Xe.~~ ~~fQ~~()I:>~~}~,~ ~~~lJ~~n~l:>~~I:) ~L==~ ~~ lQQ~ [()~~ F~e.~jd~e.I1~tiClI;~ ~,~ QQ, [()}~ '<:Cl~eF-,~j~! ~ ~ ~ ~ '1,~c:lrmatted ~~.,~~.!.. .1.ill
fih, fal se~al~ il1 ~aiiscClI.. Xe.3!of ~Qc!()I:>e.r:l..~. ~~~Q!en~b.e.r )~L== $~ 1;;0 ~ [o~r r:e.si~e.ntjCll; ~7;;0 f()T, .<:()~e.r<:~ a!.. ~.......... .., \ . (-~~I~:_,~.._-~.."~=-,,
7' and successive false alarm in a.t1~c~Cll~ \'e.ar__ClfQt:~()I:>~e~L~~S~e.Pte..Tl~be~}~L=J.2()OJ()~~n::~i~ent~i!iI;J~I()O(),fClr:~:";\'~: l Formatted .J::::illT
commercIal. \t::: 'f Deleted: 12,moIlth period
Example: A residence with 9 false alarms withinii:~c~b:e~r,ofOctober I -Se.I?te~[JlI:>~e.r-~~O ,would be ~";':\;'( Formatted...I=mT'
"kulatod ,"allow,; ul:,~gu u m - '\(IV~d~~;tEf
. .1:~~~5' . ,,::\.::,(~;;;;~~n;:'l::=~llil
sth$T6o',"\',\ of Deleted:
'({th$Tso' '.,'.\\;.... . ._-==.~
'ith~$i6o~~ . ',\\\ ',>~:::;~2~1l10Ilth penod~l--:::-lliI
--8-t:h--$~2~~O--O------ ------ -- - --,.--. ""'\"1\'.;", '.,\,..-...' ..- -.....--- ..._n'_'_
":",\,.::,\",>,1 Formatted
9th $~QQ. ..,:,1,::: :.r
$925 Total,\.::,\.,'i~ Formatted
.l.. ". _...."'..._....._ n ','~"":'\",}\;,'\'\,1 Deleted: 12-month period
, ,;,1,',,',1,,"~' _m.. ..
" '\,,'.:,,',1 Formatted
"" ",,' ,',' '__n~._......__....._...._.m.....
.............'\:....,) Formatted
'..,,:',..,',;'.i.....~...~..~.~....~ .........~.........., .
""'I','<,'i': Deleted: j 2 IIlonUL<.;
..,'.,.,,\\,','.;,:,f.....FF....-.~:..-~.;:.................~~ .~~--:~
. ....._........:J2..U.
",:.::,',::.1 Deleted: 1
\ ....:\r~::;;~:~~=..,_.'::~~
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'..\'.i,-~o~l1tlatted.........~... ..~l
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. Formatted , ..........~..~~C.:.J34f
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'..~~I~~:~(?r~.....~.~..~88.:!~:.~.I~;
. FormattedCr37]~
" Deleted: Akmn business ceH~~-C
Formatted
JODi pratt Dl Complete rewrite
.Sec.2.5-13.
False ala1l11resp~<?l1sc, ~sef\lice fc,e;c<?lle,cticll1: ~
For response to excessive false alarms by the police department or fire department, the alarm user
shall be charged a service fee by the City as follows:
The chief of police or his/her designee shall determine whether a false burglar alarm has occurred
and the frequency of such false alarms. The city shall notify alarm users of amounts owed to the
city and shall make demand therefore, pursuant to the provisions of this section. The Fire Marshal
shall determine whether a false fire or medical alarm has occurred and the frequency of such
alarms. 'p!~o~f oX ~a!all~~ ~~p~~ir ~ on ~ t!I.~~ ~~~~ ~<?[ ~h~~ [~l~e.~ ~~l<l!:ln~ C~~l1 J:es-':l!~~ i~ tJIe,fi!1c, )Jc,i~n,g ~re~~~~~ed~~
waived, if approved by the Fire Marshal. Chief of Police or their designees.
T. --.
The city attorney may proceed by a suit in a court of competent jurisdiction to collect said charge
after demand therefore has been made by the city and the payment thereof refused by the alarm
user. .
~e(:.2~?~ 1,4.,. ~ 111!e~rfer:c:nce.\0!h~ ,~ity~ te.leJl~<?l1e~ trtll1k~ lil1es pr,ohibite.d:.
(a L-.....J'J~0 per:s<?!1 ~ ~JIall ~seor:ca~s~e. ~tolJe ~~e.~, ~ny~ te.lc:p~h()l1e ()T electr()l1ic. ~e"ice. ~or~...
attachment that automatically selects a public primary telephone trunk line ofthe
communications center, polic~department, fire department or any other department
or bureau of the city, and then reproduces any prerecorded message to report any
burglary, unauthorized entry or other emergency.
8
~~ -" ----=-. ~.~::_:~C7~' ..J_.=:~,:~.::.:.;~.,,~:~"'=.l.i:~-,:'
, Formatted ~~~~....~.~~~,~..~c~~.d~
I, Deleted: ~t-false.<H.Rtl'5-ft:'-~':I~
( Deleted: 12~11lontl1 ncriod
\....---_._...._._..~_...-- ~,,,._._:.._---,~--_._--
__.~=j6~-
l Formatted
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.;o:=:=-=..--",=~..
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'r Formatted _~_~_~_ ... l~J
r'-"'''' ......_.........."".._....w.,.___.......__;~_..........~,,,',c.,,"-
'l Deleted: 12-montb period
;=:__. ._. .. _. ... .. .._...._...._..............__..__=oe=,~,,",;
. .! Fonnatted
..t~i~d~'
f Formatted ....=""~.",==.c==.-........;==~~.::::___
Ic.=l19.1'
r-n
.~~~C:::J9J1
~, Deleted: 12-lllonth period
~i71'
'-:-::'l18f
~.,~._ r~ri9T
Crw-
I~n
._~C'J1QlJ
Fonnatted
Deleted:
( c ~J~~ ():yIl~r ~ oJ ~11~ ~il!a~ ~ s)'~t~Jl.l~ ~11.4[ 9.rth~~p!.~Illi~~e~~ ~~~~ _~I~I1p s.Y~t~~Il1 ~~~!:"e~~ ~sh~JJ _l>e~.:".
responsible for all costs incurred in collecting the service fee including attorney's "" '1
fi ". Formatted
ees, '.
Deleted:
Deleted: (Ord. No. 90-43, ! 1
Fonnatted: Font: Bold
. I ..2007 Draft Dl Complete rewrite
- . . - -.. - - -.... -. - - ~ - - - - - -. - - - - - - - - -.. - ~.. - - ~ - - _.. - - - - - .. - ~ - - --
(b ~J'l:~_ R~_~~9_l1_~~~~~I_J?~9.~_~~~~~rIiY~il!~_~~~~ ~~~~~~-~.Y~_~~Il1J?~9.~~~~ -~~_~_~~_l1~~!_ ~_ ~ ~ ~_~ ~ ~ ~ ~ ~ ~
alarm reception office unless it shall have the central office staffed at all times, ,
twenty-four (24) hours a day, including holidays.
( c ~Al1 X ~~~ff~ Jl.l~~Il1~~~r _ 9J _ilP.~Y~!~~ ~~~~ _~~_ryj~~~ s'y~~~eJl.l !.ep~.I:t~i.I1g ~~ ~a!~1!)1~ ~<?~~~~9.11_ ~t5? ~~~ ~ _ ~ ~ ~
which police department and/or fire department response is requested shall identify -
himself and state the name and telephone number of the alarm business by which
such response is requested.
( d~J~~ ~~egll~e~t for ~r~spgll:s~ ~sh~!! ~ il1~~!u.~~~ ~the: ~nilJl.le! ~t~l(:J?h9n~ ~l1~Il1~~e~! ~a.I1~ ~2;9.11~~' JJ ~ ~ _ ~ ~ ~~-:: ~
applicable, of the alarm activation. ~--~~~~~h_~~~~m~h~~~~~h~~h--___~m__~__~_n_n_mhnh~~~~~_~~.
fi.ef;'~ .2~?-: 1_5~
Audible alarms:
... -- -... ---.. - ~ -.. ~.._--- -.. ~.. - -~ ~ - ---- _ ~ __.... _ M ~
.. .. - ~ - - - -.. .. ~ .. - - -.. - ~ .. - .- - - .. - ~ .. - - .. _ .. M .. _ .. M .. .. .. _ ~ _ _ _ _ _ * _ _ _ _ _ _ _ _ _ _ _ _.. .. .. _ _ _ _ _. _ _ _.. _ ". _ .. __ _ ....
All alarms ,t!~a~~ Il1~)' ~~~h_ell~~~~ i.I1~Y~ J?u.~}j~ l'}li<?~ ~~h~l! ~ b~e ~ ~~qtIipp~~ ~11~ ~ Jl.l~~i.I1!aj.I1~~4 ~ !o~ ~lill_t~~Il1ll~~lll!)' ~ ~_ ___-
cut offno longer than twenty (20) minutes after beingf.l<:.!i~,,~te~:mm__~.__~~~~~. ... ~~'~~~m~m~~...~
~~_c..~ ~~ ~?-: ~~~~ ~ - ~ ~ ~nr~!C~~Il1~.I1! ~ ~l1!.~tIgl1J!~~_ (~~~~~ ~:gIl1t>-'j~~~~~ )?-,?~~~I:. ~ ~ _ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ _ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ _ ~ ~ ~ ~: :'~_
The ,p~}i~~~ ~hi~ef!~z:e ~l1j~~( 9~~ ~tl1~i}.: ~d~~s!gn~~~~~ }1!~Y~ j.I1i~~~~ ~a~_ti().I1 ~~e:f9.z:e~ !he~.C~04e<;:()rpt>-'i~ilnc~_ ~ ~.. ~
Board of the city tQ. 9.bt~ilin ~c9.Il1Rlill.I1<:.~ 'Yi t.11!l1i~s. ~<?l1ap!~~ ~~4raYIl1~!1tor s..~!"j<?~ ~cha!g~~ll~S.S~~~~~~~
by the
.L~~~c.: ~~~?-: p~ ~ ~ ~ ~ _~~ryi~~~ ~~h~!ge) ~ fj.I1~~S.;~ J~j!tIZ:~~!9. .P~ilY.:~ ~ . ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ _ ~ ~ _ ~ ~ _ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~~ ~ ~ ~ ~ ~ _ ~ _~ ~ ~ ~_
The owner of an alarm system in violation of a specified section of this chapter shall have ten (I 0)
days from the date of the violation notice to pay the service charge and/or fine.
(a ~IX ~tl1~~ g:yIl~Z: J~n~_ ~~ ~p~~)' ~~~~ _~~!yj~~~ c_~~z:g~ ~ 9_~ ~~I?-~~ .~j!hiI?-~ !~11~ n 92 ~~_liY.~ ~ !11~~ JI:l~~!!~!~ ~ ~ ~ ~ ~""
will be processed through thep)9:e(orppJi~nc:e.I:3o~~~i....~..~~~~~~~~~~~..~....~~~~~~'h~~~~'..'~\\
(b ~lrtht:: ~o:yIl~r ~()! J?e~~~l1~ ill: ~ <?h'.l.rg~ ~~K ~he. ~!ll!I.I1_ ~)'S!t::I?-:l fliil.~ ~ t()~ pa X !he~r~~~t~ ~4tI~~ ~I1J~~nt~~'. \,:'
within ten (I 0) days, the city attorney may proceed by a suit in a court of competent '.\ '
jurisdiction to collect said unpaid service charges and/or fines from an alarm system \:\
owner, and the city attorney shall have the authority to place a lien against the \\
property served by a burglar and/or fire alarm in the amount of all assessed service
charges and/or fines.
..... ....-----....-- ....--..---..----- .........-..-..--..........-..--....----....-
J.Sec~~.?-: 1.8 ~ _ .. ..Qepa~I1Je.n!aJ ~~e.!:ie~,:,,:oK ~c()l1te~!e~d f~e~.: ~. ~ ~ ~.. ~ ~.. ~.. ~
-..__00_____..------.------..--..------..--
_00 .. ------ ____ __ __.. __H___.. .. Un
Deleted: 2007 Draft C Red is in;
blueis out
Formatted: Indent: Left: OS',
Hanging: OS'
Deleted:
Fonnatted: Indent: Left: 0.5", l
Hanging: 0.5" J
Deleted: -.-.---~.__.J
Formatted: Indent: Left: OS', ]
Hanging: OS'
h... Deleted:
---, Deleted: (Ord. No. 88-36, S 14,7-19- J
88; Ord No. 98-46, S 6, 12-1-98)
h_ Fonnatted: Font: Bold
~
Deleted: which
Deleted: setoff. (Ord No. 88-36, S 15,
7-19-88: Ord. No. 91-64, ! 3,9-19-91
Formatted: Font: Bold
..--. Deleted: codes enforcement board:
Deleted: building official,
--.. Deleted: codes enforcement board
"..- Deleted: "rI
Obtain
", -- - -'-.. -.----,
Deleted: pursuant to section 25.13.
The board shall have the authority to
place a lien against the property served by
a burglar andlor fire alann in the amount
of all assessed service charges. (Ord. No.
88-36, S 16,7-19-88; Ord. No. 90-43, S
12,9-18-90: Ord No, 92-5, ! 2, 3-3-92;
'. Ord No, 94-29, S 2, 9-9-94)
'.>==== - - 1
Formatted: Font: Boid
Formatted: Indent: Left: OS',
:-. l Hanging: OS'
" " Deleted:
.. -
Deleted: city shall notify
Deleted: owner or person in charge of
the alarm system by certified mail that the
payment is past due in violation of this
" section and demand that payment be
" made within ten (I 0) days ofth~
"
"
Formatted I... r431
Deleted:
--... -..-
r.:. 44 1
( a ~A~~~ .1l~S.~!~S. .~~hi~g_!~ ~<?~I1_~e~~~~ X~!~_e. ~~!~1!)1~ !_~~R9~11s..~ ~ ~~t:Y.(c:~~ Ke.~. _S.~.'!g l'.I:.()~i~~~ _ !()~ ~h~~ ~.' ~. ~ .' Formatted
police fl-~]~cl! 9.!'~ fjz:t:: ~~~~~~~e. ~ ~~J?~.I:t!n~I?-!l ~ 'Yi ~hiI1~ ~t~~!!'!)' .(~g)_ ~~ )'~_ ~UJl.lJ?9.~j!! 9.l1~ 9.( !~~~ ~ f~.~! ~ ~ - ~ Deleted:
--....-._~eted: _~___
9
).007 pratt Dl Complete rewrite
a written explanation including work orders specifying dates of service calls, and
detailing reasons that the false alarm response service fee should be reduced or
waived.
(b ~Il1t: ~ch.i~fs~ ~o( !l1~R<? Jjc~ 4ep~1i1].?~n~~ .<iIJ~ ~!l1e ~~t:~ ~t:~~~clleAeIJ~1i1].?e~n t sl1~}l~ ~~~h~ ~ ~ ~.. ~ .
designate a member of their respective departments to process, review and make a
written recommendation to the department chief on each case contesting a false
alarm response service fee.
liL- The chief of each department shall review the recommendation and may reduce,
remove, or leave unchanged the false alarm response service charge imposed
pursuant to section 2.5-13. The decision of the chief ofthe respective department
shall be the final decision ofthe city.,
...Sec.2.5-19. Failuretollotify: .
No alarm business shall attempt to service, repair, alter, replace...}~~~~:e~~IJ~o~t:t~es~~~~IJ~~l~~~~sxs!el11. .
without a prior on<;;;l1<?1.!~~I1.<?~j~~~ ~LiI1~teIJt t~~!11_~~~!ty5?(~5?xn~(0!1c ~~~~~c;l1.fi~~~ ~IJ~~~~!f~~S~~f~~t.Y__~~. ~ ~. ~ ~ ~ ~ ~
Division and/or the Police Department. All reasonable precautions to avoid the transmission of
false alarms shall be made. Failure to notify one hour prior to the transmission of a false alarm shall
result in a fine of $50, payable by the alarm business.
(a L.,~)~l)~~a!~~ ~~~1:l~s5~IJ~~~~e~~ <iIJ~ ~ ~J~~~I11~IJj~~rt!1cg~ ~<?}nIJ~~!e~~ ~c;~n~~1.!cti~g~fi~~~~ ~r ~~~~4ic;al...
alarm business in the City of Boynton Beach will register with the Fire and Life
Safety Division of the Boynton Beach Fire Rescue Department.
~AllalaT111l>usin(:sses~ \\iil1110tify tl1e~ F'ir(: ~al1d~ife ..S~f~ty j)ivisi()l1.of ~al1Y <ilter<ition, .
deletion, removal of service, or other operating problems of fire and medical alarm
systems in the City ot~<?.Yl1t<?l~.~~~eac;l1'.L . .. -~-_..
...Sec. 2.5-20. AlafITlbusinessr~sponsibility:
An alarm company conducting fire alarm business within the city shall adhere to all requirements
of all applicable NFP A and UL Standards. Failure to comply with this section ofthe code, as
determined by the Fire Marshal, shall result in a fine of...$)...9~OQ:,u
...
~el.:.2.5~21:.. J:)aII1~g~~~o .Rropt:T!Y:. ~ ~ u ~ u ~
The City of Boynton Beach shall not be financially responsible for any property damage caused by
the Police and/or Fire Rescue responding to an alarm. The alarm user shall be solely responsible
for any damages that occur while attempting to verify the cause for the alarm activation.,
~el.:.2:?~21. ~ ~ ~ ...QJl~!l:lti~~I!~. r~!"!-I!i~~ ~ ~ ~ ~ ~ ~ ~ ~ ~
10
Deleted: 2007 Draft C Red is in;
blue is out
( Deleted: and life ;,;fu;-'~~
r Formatted: Indent: Left: 0.5",
I Hanging: 0.5"
.'{Dei~~~~~~: _ ~ ......mm......
I Formatted: Indent: Left: 0.5",
i, Hanging: 0.5", No bullets or
l numbering
( Deleted: (Ord No. 98-17, ~ I, 6~16~98)
'---- - - - - -- - -- - - /'
.r Formatted: Font: Bold ~~,
.1' Deleted: ~
" Move
, J Deleted:
.\
Deleted: Emorgene) Dispatch Ceater
. /c:l!:'l11atted: Font color: Auto
, ,I Formatted: Indent: Left: 0.5",
'. Hanging: 0.5"
rDeieted~' .. li;;;~~i~~ bu~;;;~~~f;ii;' ..'
: 11' to pay the fine within ten days, the a1aml
business shall be notified via certified
i mail of their rigbt to request a hearing
before a three-person board whicb shall
be composed of the City Manager. the
Director of Public WorkslEngineer and
the Director of Development. or their
designees, wlricb hearing shall be held
within ten days of the date of the appeal
to the City Manager-~
i 11
[I (b) The decision of the Board shall be
[mal and shall only be subject to revie"
by writ of certiorari to Pahn Beach
County Circuit Court~i
~
(c)
rF~;;~~;'.lnd~~~;: 'L~;;;O~5;;,~
. Hanging: OS
r D~leted;-d)- .....
'I Deleted: 11
'ro;i~;(~;t;;~."98-46:i 7, 12-1-98)
,:
L.~o~a~d: Font: Bold
,{ Formatted
C;.:TIZli
. r D;(eted; OO~$;m ...
"" .. _no ... ",,,.,,,,,,,,,,,,,,,,,,,,,,,,,,""="''-''="-''=''"'cc
.f Formatted: Font color: Auto
'f, Deleted: Fines shall be paid acr:fsf
~ ~
1.. Formatted: Font coior: Biue
{' Form~tt~;~F~~;:B~id~~.~m~ ..
(Deleted: (Ord. N~. 98-46, ~ 9, 12-1 ~98)
. .( Formatted ~j
..r Formatted: Font color: Auto .
( Formatted: Font col~r: Aut~~.m
.1 )007 Draft Dl Complete rewrite
.... - - - - -.. - - - .. - - - - -.. ". -.. -.. - - -.... - .. - -.. - - - .... -.. - - - - -.. - ....". - ,. - ~ -". -.... - - - _.. ,. - .. .. ........ .. --
Deleted: 2007 Draft C Red i;~i~1
blue is out I
(a) It shall be unlawful for any business engaged in the monitoring of fire alarms, or ..~.-----{ Formatted: Indent: Left: 0.5" _J
inspection and/or testing offire alarm or suppression systems without first obtaining
an operational permit issued by the Fire Marshal.
(b) A person operating in violation of this chapter shall be subject to a fine of up to five .--~---~[F;rmatted: Indent: Left: 0.5" J
hundred dollars ($500) a day and/or sixty (60) days in jail for each day business is
operated in violation of this section.
(c) Application for the permit shall be made to the Fire Marshal on a form provided and .....---t Formatted: Indent: Left: 0.5"
will be issued upon a determination that proper state and local licensing
requirements are met per FS 633 and City Ordinance Sec. 13. There is no additional
fee for this permit.
(d) The permit shall remain in force as long as state and local licensing provisions are { Formatted: Indent: Left: 0.5"
maintained or unless the Fire Marshal determines that the business is not
satisfactorily maintaining the systems in accordance with the Florida Fire Prevention
Code and adopted NFP A codes.
11
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Page 7: [2] DeletedBlasieS 9/13J20'071:36~00PM
(Ord. No. 88-36, S 12, 7-19-88; Ord. No. 89-6, S 1,4-4-89; Ord. No. 90-43, S 10,
9-18-90; Ord. No. 91-64, S 2, 9-19-91;Ord. No. 98-46, S 4, 12-1-98)
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Four (4) false alarms in an)' twelye month period $25.00.
;Blasl~S
. 9Y;i!g1.'fd7'1~S6!O'OIPM
9/13120'07 fi36:0t)PM
Five (5) false alarms in any t'.vclve month period.
Six (6) false alarms in un)' twelve month period $100.00
Each successive false alarm, after six (6), in any tYlclvc month period.
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BlasieS
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Bl3sieS'
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.,slssies'
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911312007 1:36:00!PM
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Tre Fire RO":~~a~ent shall notify alarm users of the amount owned to the city and
sh~ll make domand therefore pursuant to the fDllo\ving proT,'isions:
SlasieS.
9113/2007,1:36:00 PM
BlasieS
9/13/2007'1:36:00'PM "
Blashils
'9/13/20071:36:0C):PM
.Blas'es
9f;[3i20Q';1':36:0(H:~M .
'srasleS ' , .' ,
. .. ..91I:ls1i007t1136';'fJo;rPM
. . ..i.'Slasies".
i"; ,J . . . '~*:f31i:i001J~i~ff:,0'()iip,ij: "
S'ltSi(!'Si', '. " .
, ;'91':i312oojiiig~(f0~PM'
'cmil':.jt1lotPM'
. sisSies,. .
'9Y;1:3Y'ido71:36~OOi;PM;
· 'SfiisieSi;F,
i 19Y1f:3'!ji'i.ifo.'1 'l~B6:0c)\PM"
'. ,1; !BjliilEfs,;.i"
. 91131200j;;l~3ti:'OorPM .
S'aSleSL .'
9"1372007'1:36:'00' PM ,
.'SlasieS '
91 113/2007 '1~3(i:00:PM
<B"aSi~S.<.
.9i13j2007~1,36:00;ipM
.,BlasieS'd < .
, '9jt3'f2I)011':36~OPM
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(a) .\ fine of $1 00 '.viII be issued for eTlery false alarm over the Third Second false
alarm in any calendar year.
(b)
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~
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.. 9113/,2007 1:36:00 PM
The Fire and Life Safety Division will bill and maintain records for all fire and medical
false alarms.
Page 8:~36]'iDeleted B[a~ieS ',,~!jB,:ioj~iil:'a$~DOi'PM
(Ord. No. 88-36, S 13,7-19-88; Ord. No. 90-43, S 11,9-18-90; Ord. No. 98-46, S 5, 12-1-
98)
page'8:1:S1]?Fomtatted '
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page:j8::t{~8~;t ,;-~lj.,_._~.'lipM;
Alurm business central office required; identification required.
page:8,:'(39]~forma:tted; . "MBt._~i;.'. ',' . JIY'lgtl'i8~j"~3'6:"jliefill.
Font color: Auto, Not Strikethrough
page'8:i[.J'iJ;Otma:flt~d;' " ' "'".II$~f,.'- '...' ., " ",J9if'1.:i37Bo';1lt~:s.01!PM'
Indent: Left: 0.54", Hanging: 0.46"
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;,'..~S!" '
i.'. 'j ;gYftft.ODji,-i~~&?ol)\1PM'
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'.BlaSlE!'St; .
9 f 131r2ft7t~S6:0(j;PM
Department
Page 9:.[42lDeleteaBlftJiiS 9r:43V2OtJ'i(I!:'3~ij:'PM '
owner or person in charge of the alarm system by certified mail that the payment
is past due in violation of this section and demand that payment be made
within ten (10) days of the date of the demand for payment letter
Page 9: [43] Formatted BlasieS 97 1312007 '1:3S:00PM
Indent: Left: OS', Hanging: OS'
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Indent: Left: OS', Hanging: OS'
Page 9: [45lDeletEld .'BliileS 9tl!s7;2001,fi36l00;'PM
(Ord. No. 90-43, S 13,9-18-90; Ord. No. 92-5, S 3,3-3-92; Ord. No. 97-03, S 1,2-18-97)
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Fines shall be paid according to the guidelines in Sec. 2.5-19 (a) and (b). (Ord. No. 98-
46, S 8, 12-1-98)
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CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORh_
XII. - LEGAL - 1st Reading
ITEM C.2
Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned
Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office
0 August 21, 2007 August 6, 2007 (Noon.) ~ October 16, 2007 October I, 2007 (Noon
0 September 4, 2007 August 20, 2007 (Noon) 0 November 7, 2007 October 15, 2007 (Noon)
0 September 18, 2007 September 3, 2007 (Noon) 0 November 20, 2007 November 5,2007 (Noon)
0 October 2, 2007 September 17, 2007 (Noon) 0 December 4, 2007 November 19,2007 (Noon)
0 Announcements/Presentations 0 City Manager's Report
NATURE OF 0 Administrative 0 New Business
AGENDA ITEM 0 Consent Agenda ~ Legal
0 Code Compliance & Legal Settlements 0 Unfinished Business
0 Public Hearing 0
RECOMMENDA TION:
Approve Ordinance No. 07- _ amending section 26-34(A) of the City's Code so as to exempt outdoor restaurant
seating from the payment of water and sewer capital facilities charges.
EXPLANATION:
This ordinance will promote the use of outdoor seating for restaurants within the service area, by eliminating the
capital facilities charge for this usage. It creates an exempt class of users for a particular purpose.
PROGRAM IMPACT:
This change will encourage the use of outdoor seating at restaurants, rather than indoor seating. Indoor seating will
still be required to pay capital facilities charges, on a cost per seat basis.
FISCAL IMPACT:
This change will result in a potential $126,006.41 in lost water and sewer capital facilities charges revenue over the
next five (5) years.
ALTERNATIVES:
Ma no change in the current ordinance.
/0 tfh?
Manager's Signature
Assistant to City Manager ~
UTILITIES
Department Name
City Attorney / Finance
XC: Peter Mazzella
Barbara Conboy
Finance
City Attorney
File
S\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
ORDINANCE NO. 07-
2
3 AN ORDINANCE OF THE CITY COMMISSION OF THE
4 CITY OF BOYNTON BEACH, FLORIDA AMENDING
5 CHAPTER 26, "WATER, SEWERS AND CITY
6 UTILITIES", AMENDING SECTION 26-34, "CAPITAL
7 FACILITIES CHARGES AND CONNECTION
8 CHARGES", PARAGRAPH (A), "CAPITAL FACILITIES
9 CHARGE IMPOSED", TO EXEMPT OUTDOOR
10 RESTAURANT SEATING FROM THE PAYMENT OF
11 WATER AND SEWER CAPITAL FACILITIES
12 CHARGES; AND PROVIDING FOR CONFLICTS~
13 SEVERABILITY, CODIFICATION AND AN EFFECTIVE
14 DATE.
15
16 WHEREAS, the City of Boynton Beach Code of Ordinances currently imposes a
17 water and/or sewage capital facilities charge on properties within the City's water and sewage
18 service area that receives water and/or sewage service from systems owned or control by the
19 City; and
II
20 I WHEREAS, the capital facilities charge is designed to cover the cost of existing or
21 I additional raw water production facilities, water treatment facilities and water distribution
22 facilities together with sewage transmission facilities either existing or additions and
23 I I improvements thereto which will be utilized by the City to provide water and sewer service to
24 said property; and
25 WHEREAS, the City Commission of the City of Boynton Beach seeks to promote the
26 use of outdoor seating at restaurants within the City's service area; and
27 WHEREAS, the City Commission of the City of Boynton Beach finds that by
28 eliminating the capital facilities charge for the use of outdoor seating at restaurants within the
29 City's service area will encourage the use of such outdoor seating at area restaurants. rather
30 than indoor seating; and
S:\CA\Ordinances\Capital Facilities Charl!es (Outdoor Seating)(JAC).docS:'C\\OrdinancesCapital Facilitie;
28
29
30
31
32
WHEREAS, City Commission ofthe City of Boynton Beach deems it to be in the best
2 interest of the citizens and residents of the City to eliminate the capital facilities charge for the
3 use of outdoor seating at restaurants within the City's service area.
4 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
5 THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
6
Section 1.
Each Whereas clause set forth above IS true and correct and
7 incorporated herein by this reference.
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Section 2.
That Chapter 26, entitled "Water, Sewers and City Utilities", Article IT,
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Section 26-34, is hereby amended in part by amending paragraph (A) as follows:
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Sec. 26-34
Capital facilities charges and connection charges.
(A) CAPITAL FACILITIES CHARGE IMPOSED. When property
receives water and/or sewage service from systems owned or controlled by the city,
the owner of such property shall pay unto the city a water and/or sewage capital
facilities charge as follows:
(1) Water:
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* * *
(2)
Sewage
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Said capital facilities charge is designed to cover the cost of existing or
additional raw water production facilities, water treatment facilities and water
distribution facilities together with sewage transmission facilities either existing or
additions and improvements thereto which will be utilized by the city to provide water
and sewer service to said property. Said capital facilities charge shall be paid or in part
credited if appropriate upon the issuance of the first building permit issued on the
owner's property and shall be computed based upon the rate in effect upon that date.
A capital facilities charge shall not be assessed to restaurants for temporary
outdoor seating on private property. Temporary shall be defined as tables and seating
arranged and utilized during the months of November through i\pril, commonly
referred to as the "season." Tables, chairs and benches utilized for temporary seating
shall be remo'.'cd and stored during tho months of May through October. ~
S:\CA\Ordinances\Ca ital Facilities Char es Outdoor Seatin JAC .docS:\CA\Ordinaaces\Capital Facilities
Charges (Ol:ltdoor Seating).doc
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permissible manent outdoor restaurant seatin?: shall not be assessed a capital facilities
charge. l.ny permissible permanent indoor seating whether indoors or outdoors, shall
continue to be assessed capital facilities charges. Under no circumstances shall any
permanent or temporary seating be located partially or completely within required
parking spaces, easements, fire lanes, access aisles, or the public right-of-way.
For properties located within the community redevelopment area that are assessed
capital facilities charges pursuant to this section, the capital facilities charge may be
paid in full prior to or at the time of building permit issuance or on an installment
basis, without interest, for an amortization period not to exceed eighteen (18) months
from building permit issuance. Should the installment payment option be utilized,
charges will be billed on a monthly basis, and the property shall only be credited for
the value of that portion of the capital facilities which has been paid.
* * *
Section 3.
Each and every other provision of Chapter 26, not herein specifically
17 amended shall remain in full force and effect as previously enacted.
18 II Section 4. All ordinances or parts of ordinances in conllict herewith be and the
19 I same are hereby repealed.
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20 I Section 5. Should any section or provision of this ordinance or portion hereof, any
21 paragraph, sentence or word be declared by a court of competent jurisdiction to be invalid,
22 such decision shall not affect the remainder of this ordinance.
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Section 6.
Authority is hereby granted to codify said ordinance.
Section 7.
This ordinance shall become effective immediately upon its passage
25 d adoption.
Outdoor Seatin lAC .docS:\CNOrdinances\Capital Facilities
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23 I ATTEST:
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FIRST READING this _ day of
,2007.
SECOND, FINAL
,2007.
READING AND
this
day of
PASSAGE
CITY OF BOYNTON BEACH, FLORIDA
Mayor - Jerry Taylor
Vice Mayor - Jose Rodriguez
Commissioner - Ronald Weiland
Commissioner - Mack McCray
Commissioner - Carl McKoy
Janet M. Prainito, CMC
City Clerk
(CORPORATE SEAL)
S: \CA \Ordinances\Capita1 Facilities Charges (Outdoor Seating)( JAC).docS: \CA \Ordina-B:ees\Capita1 Facilities
Charges (Outdoor Seating).doc
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