Boynton02 Chapter 2
ADMINISTRATION*
Art. I. In General, (( 2 1(2 24.1
Art. II. City Manager, (( 2 25(2 40
Art. III. Elections, (( 2 41(2 55
Art. IV. Purchasing and Consultants, (( 2 56(2 71
Art. V. Code Compliance Board; Special Magistrate, (( 2 72(2 100
Art. VI. Reserved
Art. VII. Education and Youth Advisory Board, (( 2 116(2 125
Art. VIII. Education Advisory Board, (( 2 126(2 140
Art. IX. Senior Advisory Board, (( 2 141(2 147
Art. X. Personnel Policy Manual, ( 2 151
Art. XI. Arts Commission, (( 2 154(2 158
Art. XII. Art in Public Places Program, (( 2 159(2 170
Art. XIII. Civil Emergencies - Employee Compensation, (( 2 171(2 184
Art. XIV. Veterans Advisory Commission, (( 2 185(2 200
Art. XV. Small and Minority Business Enterprises, (( 2-201(2-220
Art. XVI. Reserved
Art. XVII. Reserved
Art. XVIII. Reserved
Cross reference-Pensions and retirement for city personnel, Ch. 18.
ARTICLE I. IN GENERAL
Sec. 2 1. Personnel and equipment organizational chart adopted.
Pursuant to the charter and the ordinances of the city, the following organizational chart is hereby established and adopted as the personnel and equipment organizational chart for the
city:
[Chart appears on the following page]
1
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2 Boynton Beach Code
(Code 1958, ( 2 4.8; Ord. No. 83 21, ( 1, 6 7 83; Ord. No. 84 1, ( 1, 1 17 87; Ord. No. 88 10, ( 1, 3 1 88; Ord. No. 89 9, ( 1, 5 2 89; Ord. No. 01-08, ( 1, 1-16-01; Ord. No. 03 004,
( 1, 2 18 03; Ord. No. 05 062, ( 2, 11 1 05)
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Sec. 2 1.1. City Council Renamed City
Commission; offices and titles of
Mayor and Vice-Mayor retained.
It is hereby declared by the city council of the City of Boynton Beach, Florida, that henceforth the name and title of the legislative body of the City of Boynton Beach, Florida, shall
be the City Commission of the City of Boynton Beach, Florida; and further, that the office of the legislative members shall be entitled Commissioner, with the retention of the offices
and additional titles of Mayor and Vice-Mayor. (Ord. No. 87 4, ( 1, 2 3 87)
Editor(s note(Ord. No. 87 4, ( 1, adopted Feb. 3, 1987, has been included herein as ( 2 1.1 by the editors; further, it should be noted that ( 3 of Ord. No. 87 4 provides in part that
the above-mentioned changes will be included in the Charter and Code of Ordinances at such time as recodification is required. In the interim, such changes will be made in the Code as
pages are necessarily updated through the supplement service pursuant to the city(s instructions.
Cross reference(Definitions applicable to Code generally, see Rules of construction, ( 1 2.
Sec. 2 1.2. Vice-Mayor appointment.
At the second regular City Commission meeting following the swearing in of newly elected officers, the City Commission shall appoint one of its members to serve as Vice Mayor. Any member
of the City Commission who has not previously served as Vice-Mayor during his or her current term of office may be selected to serve as Vice-Mayor. No second of the nomination is required.
Voting shall occur in the following manner: Voting shall be by voice vote. Each member of the Commission shall vote for one nominee in each round of voting until one person obtains a
majority vote. If no nominee obtains a majority in round one, there is another round of voting but the nominee with the least number of votes does not move on to round two. If there
are four nominees in round one, the nominee with the most votes wins. If only one member is nominated to serve as Vice-Mayor, the Mayor shall declare the nominee
appointed by acclamation without the necessity of a vote.
(Ord. No. 03-063, ( 1, 12-16-03; Ord. No. 08-005, ( 3, 4-1-08)
Sec. 2 2. Public Works Department
established; divisions; Administrator.
A Public Works Department is hereby established, and the said Department shall include divisions of sanitation, sign shop, shop and garage, and streets. The Superintendent of Public
Works is hereby designated as Administrator of the said Department, and he shall be assisted by the Assistant Superintendent of Public Works. (Code 1958, ( 2 4.7.2)
Cross references(Garbage and trash generally, Ch. 10; streets and sidewalks generally, Ch. 22.
Sec. 2 3. Utilities Department established;
divisions; Administrator.
A Utilities Department is hereby established, and the said Department shall include divisions of water plant, sewer plant, water distribution and sewage collection. The Utilities Director
is hereby designated as Administrator of the said Department. (Code 1958, ( 2 4.7.3.)
Cross reference(Water, sewers and city utilities,
Ch. 26.
Sec. 2 4. Engineering Department established; Administrator.
An Engineering Department is hereby established, and the City Engineer is hereby designated Administrator of the Department. (Code 1958, ( 2 4.7.1)
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Sec. 2 4.1. Information Technology Services/
Geographic Information Services;
functions.
(a) A Department of Information Technology Services/Geographic Information Services is hereby established.
(b) The Department of Information Technology Services/Geographic Information Services will be utilized to assist and direct in the organization and development of specialized computer
programming for all departments of the city. (Ord. No. 80 7, (( 1, 2, 2 19 80; Ord. No. 01-08, ( 2, 1-16-01)
Sec. 2 5. Position of Prosecutor created.
Pursuant to the provisions of Section 23 of the Charter of the city, there is hereby created the unclassified position of City Prosecutor, said position to be filled by appointment by
the City Commission, with said officer to serve at the pleasure of the City Commission. Any person appointed to the position of City Prosecutor shall be duly licensed and authorized
to practice law within the State of Florida. (Code 1958, ( 2 4.4)
Sec. 2 6. Duty and responsibility of
Prosecutor.
The duty and responsibility of the City Prosecutor shall be to prosecute all cases for violation of ordinances of the city, when requested to do so by the City Commission, any police
official or officer or the City Manager. (Code 1958, ( 2 4.5)
Sec. 2 7. Compensation of Prosecutor.
Compensation for the office of City Prosecutor shall be established by resolution of the City Commission. (Code 1958, ( 2 4.6)
Sec. 2 8. Legal defense and indemnification of
city officials, employees.
(a) Definition. The term (city officials and employees,( as used in this section shall include the mayor, city commissioners, all appointed officers of the city (including members of
the housing authority) all board members, commission members or committee members of the city and all administrative personnel and employees of the city.
(b) Right of representation. The city attorney(s office, insurance defense counsel, if applicable, or other counsel appointed by the City Commission shall undertake the representation
or defense without charge of city officials and employees with respect to any claim or cause of action arising out of or related to the performance by said city officials or employees
of their public duties.
(c) Indemnification. City officials or employees who are personally liable for the payment of any claims arising out of a civil action, or settlements, judgements, expenses, costs and
awards of attorney(s fees arising therefrom shall be entitled to indemnification from the city (except to the extent the city(s insurance coverage provides payment where the claim resulted
from activities):
(1) Which were done in good faith;
(2) In which the city has an interest;
(3) Which were within the course of employment or in the course of performance of public duties of the persons so acting; and
(4) Where not willful, wanton or malicious.
(d) Reservations of rights. The undertaking of legal defense by the city under subsection (b) above shall automatically be under a reservation of rights regarding the eligibility of
the subject claim for the benefits provided by this section.
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(e) No waiver of defenses. Nothing in this section shall be construed to waive any defense in any action which would be available in the absence of this section to the city or individual
city officials or employees, including but not limited to, those defenses which could be asserted under F.S. 768.28 or any successor statute thereto.
(Code 1958, ( 2 4.11)
Sec. 2.9. Vice-Mayor; duties and official
designation.
(a) The Vice-Mayor shall, when the Mayor is officially absent, during vacation, on leave, or otherwise, act as head of the city and shall assume all of the duties and responsibilities
of the Mayor.
(b) The Vice-Mayor shall, while acting in such official capacity, designate himself as Vice-Mayor in any instrument which he may sign in behalf of the city, including checks, ordinances
or other official documents.
(Code 1958, ( 2 4, 2 2)
Sec. 2 10. Reserved.
Editor(s note(The position of mayor pro tem, previously codified as Section 2 10, was abolished pursuant to Ord. No. 096 09, ( 1, passed April 2, 1996.
Sec. 2 11. Maintaining order, decorum at
Commission meetings.
(a) No person shall willfully interrupt or disturb the proceedings or meeting of the City Commission or any city board.
(b) Only those individuals recognized by the presiding officer are authorized to speak to the Commission or to a city board.
(1) All other speech, remarks, or comments are unauthorized.
(2) Unauthorized speech, remarks, comments, stamping of feet, whistles, yells and similar actions or demonstrations constitute an interruption to public meetings, and are prohibited.
(c) All persons attending any city meeting shall render inaudible any beepers, cellular telephones, or other mechanical or electronic devices while such meeting is in session.
(d) The presiding officer shall preserve strict order and decorum at all meetings.
(e) The Chief of Police or such member or members of the Police Department as the Chief may designate shall be Sergeant at Arms at the regular and special meetings of the City Commission
or board. The Sergeant at Arms shall carry out orders and instructions given by the presiding officer or by a majority of the City Commission or board present for the purpose of maintaining
order and decorum at the City Commission meetings.
(f) The City Commission shall allow members of the public to address the Commission regarding items not on the Commission agenda.
(1) The time for addressing the Commission with non agenda comments shall be designated (Public Audience.(
(2) The Commission may, by order of the day, limit the time that members of the public may address the Commission.
(3) If no orders of the day are established, the time limit for addressing the Commission is three minutes.
(g) The City Commission may allow members of the public to address the Commission on non public hearing agenda items under such rules as are adopted from time to time by the Commission
by motion.
(h) The City Commission shall allow members of the public to address the Commission on public hearing agenda items under such rules as it adopts from time to time by motion.
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(i) Any person who causes an interruption of the meeting shall be warned by the presiding officer that the conduct is interfering with the order of the meeting and shall be given the
opportunity to cease the conduct that constitutes an interruption.
(1) If the individual fails to cease the offending conduct and continues interrupting the meeting, the individual shall be removed from the meeting room if the Sergeant at Arms is so
directed by the presiding officer, and such person shall be barred from further audience for the remainder of the meeting.
(2) In case the presiding officer shall fail to act, any member of the City Commission may move to require the presiding officer to act to enforce the rules, and the affirmative vote
of the majority of the City Commission or board shall require the presiding officer to act.
(j) Any person who, at a City Commission or board meeting, willfully interrupts or disturbs a City Commission or board meeting in violation of F.S. Section 871.01, entitled (Disturbing
Schools and Religious and Other Assemblies,( is subject to arrest by those law enforcement officers present. No action by the presiding officer is required for a law enforcement officer
to enforce F.S. Section 871.01.
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(k) In addition to any other remedy provided by law, a violation of the city(s decorum section may be prosecuted as a municipal ordinance violation by issuance of a notice to appear,
served on the violator as set forth in Rule 3.125, Florida Rules of Criminal Procedure.
(l) All references in this section to city commis-sion shall also mean city boards.
(m) Nothing herein shall be construed to limit any member of the public from expressing their opinions outside of a public meeting or by expressing their opinions in written form directed
to the City Commission or any city board.
(Ord. 02 023, ( 2, 6 18 02)
Sec. 2 12. Disbursement of federal funds for
social services for the poor or aged.
(a) Ten (10) per cent of all federal revenue sharing funds under the State and Local Fiscal Assistance Act of 1972 (Title I, Public Law 92 512) heretofore and hereafter received by the
city shall be expended for the ordinary and necessary maintenance and operating, expended for social services for the poor or aged residents of the city, upon the approval of the City
Commission as hereinafter provided.
(b) Each application for such expenditure shall be submitted to the community relations board for review, study and investigation. Thereafter, the community relations board shall furnish
its written recommendation to the City Commission as to such application.
(c) No portion of the said ten (10) per cent of the revenue sharing funds shall be disbursed by the city for such ordinary and necessary maintenance and operating expenses for social
services for the poor or aged unless recommended by a majority of the entire membership of the community relations board and thereafter approved by the City Commission.
(d) The said ten (10) per cent portion of the revenue sharing funds shall be limited to ten (10) per
cent of the funds actually received by the city. When the distribution of the said revenue sharing funds to the city is terminated, the expenditures by the city for the said ordinary
and necessary maintenance and operating expenses for social services for the poor or aged shall likewise terminate.
(e) Each reference to (revenue sharing funds( in this section is intended to refer to all federal revenue sharing funds received under the State and Local Fiscal Assistance Act of 1972
(Title I, Public Law 92 512). (Code 1958, ( 2 62)
State law reference-Revenue sharing act, F.S. ( 218.20 et seq.
Sec. 2 13. Operating capital improvements fund
established; composition.
(a) An operating capital improvements fund is hereby created and established for the city.
(b) Whenever deemed feasible from time to time by the City Commission, any portion of the unappropriated funds at the close of each fiscal year may be transferred and revert to the operating
capital improvements fund.
(c) All federal revenue sharing funds received under the State and Local Fiscal Assistance Act of 1972 (Title I, Public Law 92 512) except the ten (10) per cent of such federal revenue
sharing funds allocated for ordinary and necessary maintenance and operating expenses for social services for the poor and aged under section 2 62, shall be deposited into the said operating
capital improvements fund.
(d) Whenever deemed feasible from time to time by the City Commission, up to twenty (20) per cent of all state revenue sharing grants received from the State of Florida shall be deposited
into the said operating capital improvements fund.
(e) Whenever deemed feasible from time to time by the City Commission, any portion of the funds
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remaining in the operating capital improvements fund at the close of each fiscal year, excepting therefrom all appropriated or encumbered funds, may be transferred and revert to the
general fund. (Code 1958, ( 2 61)
Sec. 2 13.1. Redevelopment trust fund; powers of
agency, redevelopment.*
(a) There is hereby established and created in accordance with the provisions of Section 163.387, Florida Statutes (1983), a redevelopment trust fund (hereinafter referred to as the
(trust().
(b) The funds allocated to, and deposited into the trust are hereby appropriated to the Boynton Beach Community Redevelopment Agency (hereinafter referred to as the (agency() to finance
or refinance each community redevelopment project it undertakes. The agency shall utilize the funds and revenues paid into and earned by the trust for all and every community redevelopment
purpose as contained in the plan for redevelopment and as provided by law.
(c) The annual funding of the (trust( shall be in an amount not less than that increment in the income, proceeds, revenues, and funds of the city or county derived from or held in connection
with its undertaking and carrying out of community redevelopment projects therein. Said increment shall be determined and appropriated annually, and shall be that amount equal to ninety-five
(95) per cent of the difference between:
(1) The amount of ad valorem taxes levied each year by each taxing authority, exclusive of any amount from any debt service millage on taxable real property contained within the geographic
boundaries of a community redevelopment area; and
(2) The amount of ad valorem taxes which would have been produced by the rate upon which the tax is levied each year by or for each taxing authority, exclusive of any debt
service millage, upon the total of the assessed value of the taxable real property in the community redevelopment area as shown upon the most recent assessment roll used in connection
with the taxation of such property by each taxing authority prior to the effective date of the ordinance from which this section was derived.
(d) All relevant taxing jurisdictions( obligation to fund the trust shall continue until all loans, advances, and indebtedness, if any, and interest thereon, of the agency incurred as
the result of a community redevelopment project have been paid, but only to the extent that the tax increment described in subsection (c) accrues. Said taxing jurisdictions shall make
their appropriation to the trust at the beginning of their fiscal year. The trust shall receive the increment above described, only as, if and when such taxes are collected. Said taxing
jurisdictions shall fund the trust for the duration of each project undertaken by the agency and approved by the city. The first appropriation shall begin with tax revenue received subsequent
to October 1, 1984.
(1) The revenue bonds and notes of every issue of the agency shall be payable solely out of revenues pledged to and received by the agency and deposited to the trust. The lien created
by such bonds or notes shall not attach until the revenues referred to herein are deposited in the trust at the times, and to the extent that, such revenues accrue. The holders of such
bonds or notes shall have no right to require the imposition of any tax or the establishment of any rate of taxation in order to obtain the amounts necessary to pay and retire such bonds
or notes. The trust shall receive the tax increment described in subsection (c) only as, if, and when such taxes are collected.
(2) Revenue bonds issued by the agency shall not be deemed to constitute a debt, liability, or obligation of the city or the state or any political subdivision thereof or a pledge of
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the faith and credit of the city or the state or any political subdivision thereof but shall be payable solely from the revenues provided therefor. All such revenue bonds shall contain
on the face thereof a statement to the effect that the agency shall not be obligated to pay the same or the interest thereon except from the revenues of the agency held for that purpose
and that neither the faith and credit nor the taxing power of the city or of the state or of any political subdivision thereof is pledged to the payment of the principal of, or the interest
on, such bonds.
(e) The agency is hereby directed to develop and promulgate rules, regulations, and criteria whereby the trust may be promptly and effectively administered, including the establishment
and the maintenance of books and records and the adoption of procedures whereby the agency may expeditiously utilize said funds for their allocated statutory purpose.
(f) The community redevelopment agency shall exercise all powers and expend all funds in accordance with the provisions of Chapter 163, Part III, Florida Statutes and those provided
for in Article II of Section 1.5 of the City(s Land Development Regulations, and any community redevelopment plan shall conform with the comprehensive plan of the city, as amended. Further,
in development of the community redevelopment plan, the community redevelopment agency shall comply in all respects with the height limitations imposed by the zoning code of the city,
and further such plan shall ensure that the quality of the wetlands and mangroves will not be impaired except in conformity with the comprehensive plan. (Ord. No. 83 41, (( 1(5, 12 20 83;
Ord. No. 84 9, ( 1, 2 21 84; Ord. No. 85 45, Attach. (b), 8 20 85; Ord. No. 00-69, ( 2, 12-19-00)
*Editor(s note-Ord. No. 82.13, adopted May 18, 1982, named five members to the board of commissioners of the community redevelopment agency. Ordinance No. 85 38, ( 1, adopted July 2,
1985, increased the number of members from five to
seven, as permitted by F.S. ( 163.356(2). Ord. No. 87 15, (( 1(4, adopted July 7, 1987, repealed Ord. Nos. 82 13 and 85 38 and provided that the City Commission be the board of commissioners
of the community redevelopment agency. Ord. No. 89 11, (( 1(4, created two community redevelopment agencies and described the jurisdiction of each, (( 2 13.3 and 2 13.4. Subsequently,
Ord. No. 90 21 provided for the consolidation of such agencies, the City Commission being the governing body thereof. See (( 2 13.2(2 13.4.
Editor(s note-Ord. No. 83 41, enacted Dec. 20, 1983, as amended, did not expressly amend the Cede; hence, inclusion of (( 1(5 as hereinabove set out in ( 2 13.1 was at the editor(s discretion.
Cross references-Planning, Ch. 19; taxation, Ch. 23.
Sec. 2 13.2. Governing body of community
redevelopment agency.*
(a) The Community Redevelopment Agency Board shall consist of the five (5) members of the City Commission plus two (2) additional members appointed by the City Commission.
(b) The terms of office of the additional Board members shall be for four (4) years, except that the first person appointed shall initially serve a term of two (2) years.
(c) Any person may be appointed as Board Member if he or she resides or is engaged in business, which means owning a business, practicing a profession, or performing a service for compensation,
or serving as an officer or director of a corporation or other business entity so engaged, within the area of operation of the agency, which shall be coterminous with the area of operation
of the City of Boynton Beach.
(d) A certificate of the appointment or reappointment of any Board Member shall be filed
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with the City Clerk, and such certificate is conclusive evidence of the due and proper appointment of such Board Member.
(Ord. No. 90 21, (( 1(4, 8 7 90; Ord. No. 00 11, ( 1, 4 18 00; Ord. No. 00-59, ( 2, 11-8-00; Ord. No. 00-69, ( 3, 12-19-00; Ord. No. 01-62, ( 1, 12-18-01; Ord. No. 04-008, ( 2, 3-16-04;
Ord. No. 07-026, ( 2, 10-2-07; Ord. No. 08-003, ( 2, 2-19-08; Ord. No. 08 026, ( 2, 9 2 08; Ord. No. 09 030, ( 1, 6 16 09; Ord. No. 11-009, ( 1, 3-1-11)
*Editor(s note-Ord. No. 90 21, (( 1(4, 6, 7, adopted Aug. 7, 1990, provided that the City Commission be the governing body of the community redevelopment agency for the entire community
redevelopment area, set forth the scope of its powers and duties, and provided for the consolidation of previous actions. Such provisions have been codified as superseding former (( 2 13.2(2 13.4,
which had delegated certain powers and duties to the community development agency, provided for two boards of commissioners of community redevelopment: housing and community development
(City Commission), and the central business district. Such sections derived from Ord. No. 84 28, (( 1, 2, adopted July 3, 1984; Ord. No. 87 15, (( 3, 4, adopted July 7, 1987; and Ord.
No. 89 11, (( 1(4, adopted Aug. 1, 1989. Further, ( 5 of Ord. No. 90 21 vacated all appointments to the community redevelopment agency for the control business district and discharged
the members of such board from their duties and responsibilities. See also the editor(s footnote to ( 2 13.1.
Sec. 2 13.3. Powers and duties of agency generally.
The community redevelopment agency shall have all powers provided for or authorized by general or special laws of the state as amended from time to time, including but not limited to
the specific powers delineated in F.S. ( 163.370.
(Ord. No. 90 21, ( 6, 8 7 90)
Note-See the editor(s footnote to ( 2 13.2.
Sec. 2 13.4. Consolidation of previous agencies; survival of actions.
All powers, duties, and responsibilities of the community redevelopment agency for the central business district shall survive and be deemed merged and consolidated with the powers,
duties and responsibilities of the community redevelopment agency for housing and community improvement. All previous actions of the community redevelopment agency for the central business
district shall survive this consolidation unless specifically revoked by the community redevelopment agency.
(Ord. No. 90 21, ( 7, 8 7 90)
Note-See the editor(s footnote to ( 2 13.2.
Sec. 2 13.5. Community Redevelopment Area.
(a) The boundaries of the Community Redevelopment Area are as set forth in the following legal description:
BEGINNING at a point of intersection of the West right of way line of the Intracoastal Waterway with the North line of the South one half (S () of the North one half (N () of Section
15, Township 45 South, Range 43 East, said North line being the North boundary line for the City of Boynton Beach, thence run Westerly along the said North line, said North line being
also the centerline of Northeast 26th Avenue and its eastern extension thereof, said extension crossing the F.E.C. Railroad, U.S. Highway One (S.R. # 5), and further being the North
line of that part of the South 150 feet of the North 1,455.5 feet of the Northwest 1/4 of said Section 15, Township 45 South, Range 43 East, to a point on the West line of said Section
15: said West line being also the East right of way line of Northeast 4th Street;
thence Southerly along the West line of said Section 15 to the Southwest corner of said Section 15, being also the Northwest corner of Section 22, Township 45 South, Range 43 East;
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thence continuing Southerly along the West line of said Section 22, Township 45 South, Range 43 East, to a point on the North right of way line of the Boynton Canal (SFWMD C 16 Canal)
as currently laid out and in use;
thence Westerly along the said North right of way line of the Boynton Canal lying in Sections 21 and 20, to a point of intersection with the Northerly extension of the West right of way
line of West Industrial Avenue as shown on the plat of BOYNTON BEACH INDUSTRIAL PARK NORTH, according to the plat thereof as recorded in Plat Book 43, Pages 20 22, Public Records to
Palm Beach County, Florida;
thence Southerly along the said West right of line of West Industrial Avenue and its continuation in the plat of BOYNTON BEACH INDUSTRIAL PARK, according to the plat thereof as recorded
in Plat Book 25, Page 232, Public Records of Palm Beach County, Florida, to a point on the South right of way line of State Road 804 (West Boynton Beach Boulevard) as currently laid
out and in use;
thence S. 81( 48' 30" E. along the South right of way line on West Boynton Beach Boulevard (based on an assumed bearing of N. 87( 40' 46" E. of the centerline of West Boynton Beach Boulevard),
a distance of 302.68 feet to a point;
thence S. 87( 13' 22" E. along said South right of way line, a distance of 309.97 feet to a point;
thence S 80( 25' 27" E. along said South right of way line, a distance of 50.95 feet to the Southwest corner of Lot 5, Block 1, according to the plat of LAKE BOYNTON ESTATES PLAT 1,
as recorded in Plat Book 13, Page 32, Public Records of Palm Beach County, Florida;
thence N. 88( 06' 29" E. along the South right of way line and the South line of said Lots 3, 4 & 5, Block 1, LAKE BOYNTON ESTATES PLAT 1, a distance of 150.00 feet to
the Southeast corner of said Lot 3, and a point on the East line of Section 29 and the West line of Section 28, Township 45 South, Range 43 East, Palm Beach County, Florida;
thence S. 01( 31' 31" E. along the said West line of Section 28, a distance of 506.58 feet to the intersection of the centerline of West Ocean Avenue as currently laid out and in use;
thence S. 89( 47' 31" E. along the said centerline of West Ocean Avenue, to its intersection with the West right of way line of Seacrest Boulevard as currently laid out and in use;
thence Southerly along the West right of way of Seacrest Boulevard to its intersection with the centerline of Southwest 2nd Avenue;
thence Easterly crossing Seacrest Boulevard and continuing on the centerline of Southeast 2nd Avenue to the Easterly right of way line of the Florida East Coast Railway (FEC R/R) right of
way);
thence Southerly along the East right of way line of the FEC R/R, to a point of intersection with the Westerly projection of the South line of Lot 20, DELRAY BEACH ESTATES, according
to the plat thereof as recorded in Plat Book 21, Page 13, Public Records of Palm Beach County, Florida;
thence S. 73( 45' 15" E. along said Westerly projection of the South line of said Lot 20, the South line of said Lot 20 and its Easterly extension a distance of 680.21 feet to a point
on the Easterly right of way line of South Federal Highway (U.S. #I), said South line being also the corporate boundary of the City of Boynton Beach;
thence Northerly along the Easterly right of way line of South Federal Highway (U.S. # 1), to a point of intersection with the South line of the South 50 feet of the "Not Included" parcel
adjacent to Lot A, as shown on the plat of
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KING'S SUBDIVISION, as recorded in Plat Book 20, Page 47, Public Records of Palm Beach County, Florida;
thence Easterly along said South 50 foot line to a point on the West line of TRADE WINDS ESTATES, FIRST ADDITION, according to the plat thereof as recorded in Plat Book 22, Page 44,
Public Records of Palm Beach County, Florida;
thence Northerly along said West line of TRADE WINDS ESTATES, FIRST ADDITION, a distance of 50 feet to a point, said point being also the Southeast corner of said Lot A, KING'S SUBDIVISION;
thence Westerly along the South line of said Lot A, KING'S SUBDIVISION, to the Easterly right of way of South Federal Highway (U.S. #1) as currently laid out and in use;
thence Northerly along the said Easterly right of way line of South Federal Highway (U.S. #1), to a point on the South line of Lot 8, KINGS SUBDIVISION, according to the plat thereof
as recorded in Plat Book 20, Page 47, Public Records of Palm Beach County, Florida;
thence Easterly, Northerly and Westerly along the South, East & North lines of said Lot 8, KINGS SUBDIVISION, to a point on the said Easterly right of way line of South Federal Highway
(U.S. #1);
thence Northerly along the said Easterly right of way line of South Federal Highway (U.S. #1), to a point that is the Southwest corner (SW) of the plat of ESTANCIA AT BOYNTON BEACH PUD,
according to the plat thereof as recorded in Plat Book 108, Pages 25 & 26, Public Records of Palm Beach County, Florida, said point being also on the North right of way line of Bamboo
Lane, a private road;
thence along the following courses (based on the North line of the previous record plat known as DAKOTA LOFTS, as recorded in Plat Book 97, Pages 132 to 134, Public Records of Palm
Beach County, Florida being S. 89( 18' 46" W.);
S. 76( 27' 18" E., a distance of 150.00 feet to a point,
N. 11( 16' 09" E., a distance of 13.95 feet to a point;
N. 89( 18' 46" E., a distance of 248.79 feet to a point;
N. 05( 26' 06" W., a distance of 94.50 feet to a point;
N. 89( 18' 46" E., a distance of 300.00 feet to a point on the West right of way line of the Intracoastal Waterway as currently laid out and use;
thence Northerly and along the West right of way line of said Intracoastal Waterway to the POINT OF BEGINNING.
LESS all of Lots 39 & 40, Lots 66 & 67, Lots 72 thru 76, and Lots 78 thru 112, including all 20 foot right of ways connected thereto, as shown on the AMENDED PLAT OF TRADE WINDS ESTATES,
as recorded in Plat Book 21, Page 73, according to the Public Records of Palm Beach County, Florida, and
LESS all of Lots 1 thru 5, including the 50 foot right of way for Miller Road, as shown on the plat of KILLIAN'S PARK, as recorded in Plat Book 23, Page 195, according to the Public
Records of Palm Beach County, Florida.
The following described properties which were annexed into the City of Boynton Beach subsequent to the adoption of Ordinance 00 59 are expressly deemed included in the Community Redevelopment
Area as of the effective date of annexation of those properties:
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TICKET CLINIC:
Lots 2 and 3, Less the Westerly 17 feet thereof, KING'S SUBDIVISION, according to the Plat thereof, as recorded in Plat Book 20, Page 47, of the Public Records of Palm Beach County,
Florida.
BOYNTON BAGELS:
Lot 8, Less the Westerly 17 feet for road right of way, KINGS SUBDIVISION, according to the Plat thereof, as recorded in Plat Book 20, Page 47, of the Public Records of Palm Beach County,
Florida.
BAYFRONT :
Lots 56 & 57, AMENDED PLAT OF TRADEWINDS ESTATES, according to the Plat thereof as recorded in Plat Book 21, Page 73, of the Public Records of Palm Beach County, Florida, Less a portion
of Lot 57 for right of way of State Road No. 5 [South Federal Highway] as shown on State of Florida Road Department right of way map Section No. 9301 205.
THE VILLAS OF BOYNTON BEACH (aka TUSCAN VILLAS):
Lot 1 and Lot 1A of KINGS SUBDIVISION, according to the Plat thereof, as recorded in Plat Book 20, Page 47, Public Records of Palm Beach County, Florida; less the Westerly 17 feet of
said lots.
Together with:
All that part of Lot C of KINGS SUBDIVISION, in Section 4, Township 46 South, Range 43 East, Palm Beach County, Florida, as per Plat recorded in Plat 20, Page 47, Public Records of Palm
Beach County, Florida, except the following part
thereof: Beginning at the Southwest (SW) corner of said Lot C, thence run Northerly along the West line thereof; a distance of eighty (80) feet, thence Southeasterly (SE) in a straight
line to the Southeast (SE) corner of said Lot C; thence run West along the South line of said Lot C to the Point of Beginning. Further less and except the Westerly 17 feet for road right of way.
PALM COVE:
That part of Lot 59, AMENDED PLAT OF TRADE WINDS ESTATES, a subdivision, according to the Plat thereof, recorded in Plat Book 21, Page 73, of the Public Records of Palm Beach County,
Florida; lying west of the right of way of State Road 5 (U.S. Highway No. 1) as conveyed to Palm Beach County, Florida by a deed recorded in Official Records Book 124, Page 638 of the
Public Records of Palm Beach County, Florida.
Together with:
Lots 37, 38 and 58 of the AMENDED PLAT OF TRADE WINDS ESTATES, according to the Plat recorded in Plat Book 21, Page 73, of the Public Records of Palm Beach County, Florida, less that
portion deeded to the State of Florida by instrument in Official Records Book 104, page 35, Public Records of Palm Beach County.
Together with:
Lot 15, of KILLIAN'S PARK, a subdivision according to the Plat thereof, as recorded in Plat Book 23, Page 195, of the Public Records of Palm Beach County, Florida, less that portion
of Lot 15, conveyed to the State of Florida by Warranty Deed in Official Records Book 119, Page 453, of the Public Records of Palm Beach County, Florida.
2009 S-32
12 Boynton Beach Code
Together with:
All of Lots 6 through 14 and Lots 16 through 29, of KILLIAN'S PARK, according to the Plat recorded in Plat Book 23, Page 195, of the Public Records of Palm Beach County, Florida.
Together with:
The 30 foot right of way of Miller Road as shown on the Plat of KILLIAN'S PARK, as recorded in Plat Book 23, Page 195, in the Public Records of Palm Beach County, Florida, adjoining
Lots 6 through 14 of said KILLIAN'S PARK, as abandoned by the City of Boynton Beach Ordinance No. 06 007 dated January 17, 2006.
WATERSIDE:
A parcel of land in Section 4, Township 46 South, Range 43 East, Palm Beach County, Florida, being more particularly described as follows:
COMMENCE at the Northeast (NE) corner of Lot 48, TRADE WINDS ESTATES, FIRST ADDITION, according to the plat thereof as recorded in Plat Book 22, Page 44, of the Public Records of Palm
Beach County, Florida, said corner being on the Westerly right of way line of the Intracoastal Waterway; thence N. 05( 26' 06" E., on said Westerly right of way line, a distance of
365.92 feet to the POINT OF BEG1NNING; thence S. 89( 18' 46" W., a distance of 385.00 feet; thence N. 05( 26' 06" E., a distance of 4.08 feet; thence S. 89( 18' 46" W., a distance of
35.00 feet; thence S. 05( 26' 06" W., a distance of 174.98 feet; thence S. 89( 18' 46" W., a distance of 236.14 feet to a point of curvature of a circular curve, concave to the Southeast;
thence Southwesterly on the arc of said curve, with a radius of 102.47 feet and a central angle of 34( 34' 00", an arc
distance of 61.82 feet to a point of reverse curvature of a circular curve concave to the Northwest; thence Southwesterly on the arc of said curve, with a radius of 82.59 feet and a
central angle of 34( 34' 00", an arc distance of 49.83 feet to a point of tangency; thence S. 89( 18' 46" W., a distance of 94.20 feet to the intersection with the Easterly right of way
line of U.S. Highway One (S. R. No. 5), said intersection being on the arc of a circular curve, concave to the West, the Radius point of which bears N. 73( 25' 48" W.; thence Northerly
on said Easterly right of way and on the arc of said curve, with a radius of 11,509.20 feet and a central angle of 02( 23' 09", an arc distance of 479.27 feet; thence N. 89( 14' 41"
E., a distance of 245.48 feet; thence N. 05( 26' 06" E., a distance of 95.70 feet to the intersection with a line parallel with and 578.97 feet South of the North line of said Section
4; thence N. 89( 18' 46" E., on said parallel line, a distance of 274.00 feet; thence S. 06( 36' 55" W., a distance of 40.21 feet to the intersection with a line parallel with and 618.85
feet South of the North line of said Section 4; thence N., 89( 18' 46" E., on said parallel line, a distance of 250.00 feet to the intersection with the aforementioned Westerly right of way
line of the Intracoastal Waterway; thence S. 05( 26' 06" W., on said Westerly right of way line, a distance of 315.29 feet to the POINT OF BEGINNING.
For purposes of establishing the base year from which tax increment increases shall be calculated for the foregoing listed projects, the date of annexation of the property into the
jurisdictional boundaries of the City shall control as those properties were already in the boundaries of the Community Redevelopment Area as described in Ordinance 00 59.
(b) All property within the boundaries of the Community Redevelopment Area, including those properties which constitute unincorporated enclaves, have been found by the City Commission
to share the
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same characteristics of the slum and/or blighted properties which surround or are adjacent to them and are therefore suitable for and will benefit from the community redevelopment programs
of the Community Redevelopment Agency.
(c) All unincorporated enclaves within the Community Redevelopment Area which are annexed into the City of Boynton Beach subsequent to the adoption of this code section shall be considered
for inclusion in the Community Redevelopment Area. At time of annexation, the City Commission shall expressly state its findings that the property meets the statutory criteria for inclusion
in the Community Redevelopment Area. Contemporaneously with the annexation of property which is otherwise suitable for inclusion in the Community Redevelopment Area, the City shall
also adopt (following a recommendation from the Community Redevelopment Agency that the property is statutorily eligible for inclusion in the Community Redevelopment Area) an ordinance
amending the Community Redevelopment Area boundaries. In addition to a finding that the statutory grounds for inclusion in the Community Redevelopment Area exist, the ordinance shall
include a provision for written notice of the boundary amendment to the Palm Beach County Property Appraiser.
(Ord. No. 08 026, ( 3, 9-2-08)
Sec. 2 14. Salary incentive program for law
enforcement officers.
The city hereby adopts the salary incentive program for its law enforcement officers provided by F.S. Section 943.22.
(Code 1958, ( 2 4.9)
Sec. 2 15. Deleted.
Editor(s note(Ord. No. 03-050, passed 9-16-03, deleted ( 2-15 pertaining to the per diem and travel expense schedule and was derived and amended by Ord. No. 84 13, ( 1, 3 6 84; the aforementioned
schedule is now located in the Personnel Policy Manual, on file in the City Clerk(s office; Ord. No. 85 45, Attach. (b), 8 20 85; Ord. No. 90 32, (( 1, 2, 9 5 90; Ord. No. 97 33, ( 1,
7 15 97; Ord. No. 00 17, ( 1, 6 6 00.
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Sec. 2 16. City boards and commissions;
minimum qualifications for
appointment, membership.
(a) In order to qualify for appointment to and to serve as a member of any board or committee of the city, an individual must be an elector of Palm Beach County, Florida.
(b) In selecting individuals to serve on boards and committees of the city, preference shall be given to individuals who are residents of the City of Boynton Beach, provided however,
that non-residents who own and operate businesses located within the city may also qualify for appointment provided they possess qualifications or experience uniquely suited to deal
with the subject matter over which the board or committee has subject matter review or power.
(c) No currently serving member of any board or committee shall be disqualified for falling to meet the minimum qualifications set forth in this section. However, at the expiration of
the term of each current board of committee member, the vacancy created by that expiring term shall be filled with an individual qualified in accordance with the provisions of this section.
(d) Notwithstanding any other provision of City Code or procedural rule, no alternate member of any city board may serve in the capacity of its Chairperson, Vice Chair, Chair Pro-Tem,
or hold any other office on said board.
(e) No alternate member may be moved to a regular member of the board unless appointed by the City Commission.
(f) When a member of any board, with the exception of those boards that have regularly scheduled meetings more than once a month, has missed three regular monthly meetings for any reason
within one annual board term, that member will be
2004 S-21
notified that one additional absence will cause his/her board membership to be terminated and a replacement will be appointed at the time of the next absence. Those boards that have
regularly scheduled meetings more than once a month shall be permitted to have six absences during any one annual board term. The seventh absence shall result in removal from the board.
(g) No person shall be appointed to a city board without the person first submitting an application for appointment. No application for appointment shall be considered by the City Commission
until the application form has been fully completed and signed by the applicant. All applications for appointment to a city board shall be on a form authorized by the City Commission.
The City Clerk shall review all applications for completeness prior to submitting them to the City Commissioners for consideration.
(1) Prior to appointment, a City Commissioner may request written confirmation of the qualifications listed by any applicant for appointment. When a request for confirmation of the qualifications
is made by a City Commissioner prior to appointment, the appointment shall be delayed until the information requested is submitted and made available to the members of the City Commission.
No person shall be appointed to a city board when that person is unable to substantiate the qualifications listed on their application.
(2) A member of the City Commission may request written confirmation of qualifications of a person who has been appointed by the Commission to a city board. A request for confirmation
shall be made by the City Commissioner to the City Clerk. The City Clerk shall make written request to the board member. A copy of the Clerk(s written request shall be provided to all
members of the City Commission.
14 Boynton Beach Code
(3) Except as otherwise provided by law, a board member who does not submit documentation of the qualifications listed on the board member(s application for appointment within 30 days
of receipt of the Clerk(s written request, or who submits documentation which contradicts, negates, or fails to substantiate the information listed on the board member(s application
shall automatically be removed from their board position.
(4) A person who is removed from a city board pursuant to the procedures set forth in this section shall not be subject to reappointment to any city board for a period of 36 months.
(i) The City Commission shall fill vacancies on city boards by making appointments in December following the city's November commission elections, commencing with the City Commission
election of November, 2007. To the extent necessary to transition from April to November appointment, the term of office for any board appointee which would expire in April, 2008 or
any April thereafter shall instead expire in the preceding November.
(Ord. No. 90 11, (( 1(3, 6 19 90; Ord. No. 98 48, ( 1, 12 15 98; Ord. No. 99 03, ( 1, 1 19 99; Ord. No. 01-60, ( 1, 12-18-01; Ord. No. 03 024, ( 2, 6 17 03; Ord. No. 07-004, ( 2, 1-16-07)
Editor(s note(Ord. No. 90 11, (( 1(3, adopted June 19, 1990, did not specifically amend the Code, but has been included as ( 2 16 by the editor.
Cross references(Procedures for boards, com-missions, etc., with independent purchasing authority, ( 2 61; code compliance board, ( 2 72 et seq.; building board of adjustment and appeals,
( 5.153 et seq.; cemetery, board of governors, ( 6 4 et seq.; library board, ( 12 1 et seq.; parks and recreation board, ( 16 1 et seq.; planning and zoning board, ( 19 1 et seq.;
community appearance board, ( 19 38 et seq.; technical review board, ( 19 63 et seq.
Sec. 2 17. City boards, appointment of
alternate members.
All boards of the city with seven or more members, shall have a minimum of two alternate members, to be appointed by the City Commission.
All boards of the city with less than seven members, shall have a minimum of one alternate member, to be appointed by the City Commission. The alternate members shall hold the same
general qualifications as regular members to be eligible for appointment. The term of alternate members, if not otherwise provided, shall be for one year and such appointees may be reappointed.
(Ord. No. 92 55, ( 1, 11 17 92)
Editor(s note(Ord. No. 92 55, ( 1, adopted Nov. 17, 1992, enacted provisions pertaining to appointment of alternate members to city boards. Such provisions have been designated by the
editor as ( 2 17.
Sec. 2 18. Payment of moneys to city;
overdraft service fee.
There is hereby established a service fee of $20 or 5% of the face amount of any check, draft, or order, whichever is greater, for the collection of a dishonored check, draft, or other
order for the payment of money to the city or any department thereof. The service fee shall be in addition to all other penalties imposed by law. (Ord. No. 91 38, ( 1, 6 18 91; Ord.
No. 93 35, ( 1, 9 21 93)
Editor(s note(Ord. No. 91 38, ( 1, adopted June 18, 1991, enacted provisions concerning a service fee for dishonored checks, etc., to the city, such pro-visions have been designated
as ( 2 18 by the editor.
Sec. 2 19. Drug free work place.
(a) Policy statement. The City of Boynton Beach is committed to provide a safe work environment for its employees, our community and society. Substance abuse is a national problem which
impairs the health and safety of employees, promotes crime and harms our community. The city is addressing this problem by instituting a drug free workplace program.
Substance abuse is a complex, yet treatable disease. The ultimate goal of this policy is to balance the respect for individual privacy with the need to keep a safe, productive drug
free environment. The intention is to prevent and treat substance abuse. The
2007 S-28
Administration 14A
city would like to encourage those who use drugs or abuse alcohol to seek help in overcoming their problem. The city will attempt to assist an employee in obtaining treatment prior
to taking disciplinary action when such treatment is associated with a first occurrence of substance abuse. The city considers substance abuse to be an unsafe and counterproductive
work practice.
The city(s policy is in accordance with the Florida Drug Free Workplace Program as provided in Section 440.102, Florida Statutes and Chapter 38F 9., Florida Administrative Code. It is
the intent of the city to adopt the policies and standards set forth in Chapter 38F 9. To the extent of any conflict between the standards established by this policy and the standards
set forth in Chapter 38F 9 F.A.C., as amended from time to time, the standards set forth in Chapter 38F 9 shall prevail. Policies and standards contained herein and not addressed in
Chapter 38F 9 F.A.C. shall control.
To ensure a work place free from the influence of illegal drugs and alcohol abuse the following policy has been established.
It is the policy of the city that an employee found with the presence of alcohol or illegal drugs in his/her system, in possession of, using, selling, trading or offering for sale illegal
drugs or alcohol during working hours, may be subject to disciplinary action up to and including termination. (City sponsored activities which may include the service of alcoholic beverages
are not included in this provision).
An employee reporting for work visibly impaired shall be considered unable to properly perform required duties and will not be allowed to work. If possible, the supervisor should first
seek another supervisor(s opinion of the employee(s condition. Then the supervisor together with a representative from the personnel department should consult privately with the employee
to rule out any problem(s) that may have been caused by prescription drugs.
When an off-duty employee is called back to work and that employee has consumed alcoholic beverages, that employee shall disclose such use and
decline callback. An employee shall not be disciplined for refusing to respond to callback when such employee has reasonable belief that he or she could not pass an alcohol blood level
test. Employees who are on standby may be subject to callback [and] should not engage in social drinking and may not decline callback without being subject to discipline.
If, in the opinion of the supervisor and a representative of the city manager(s office or the personnel director or his or her department representative the employee is considered impaired,
the employee should be sent home, after drug testing by a medical facility, by taxi or other safe transportation alternative, depending on the determination of the observed impairment,
accompanied by the supervisor or another employee, if necessary. An impaired employee should not be allowed to drive. The prescribed test direction form shall be completed by the supervisor.
Prescription drugs prescribed by the employee(s physician may be taken during working hours. The employee shall notify the supervisor if the use of properly prescribed drugs will affect
the employee(s work performance. Abuse of prescription drugs will not be tolerated.
It is the responsibility of the city(s supervisors to counsel with an employee whenever they see changes in performance that suggest an employee problem. The supervisor may suggest that
the employee voluntarily seek help from the employee assistance program or decide that the severity of the observed problem is such that a formal referral to the EAP should be made.
(b) Definitions. [For the purposes of this section, the following words and terms shall have the meaning ascribed thereto:]
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14B Boynton Beach Code
Administration 15
(1) Alcohol: Means ethyl alcohol (ethanol) and includes distilled spirits, wine, malt beverages and intoxicating liquors.
(2) Alcohol abuse: An employee shall be determined to be under the influence of alcohol if the employee(s normal faculties are impaired due to the consumption of alcohol or the employee
blood alcohol level is 0.05 g/dl% or higher.
(3) Illegal drugs: Means any drug(s) which is not legally obtainable, which may be legally obtainable but has not been legally obtained or which is being used in a manner or for a purpose
other than as prescribed.
(4) Drugs: Means alcohol, amphetamines, cannabinoids, cocaine, phencyclidine (PCP), hallucinogens, synthetic narcotics, designer drugs, or a metabolite of any of the substances listed
above.
(5) Legal drug: Means prescribed drugs and over the counter drugs which have been legally obtained and are being used solely for the purpose for which they were prescribed or manufactured.
(6) Job applicant: Means a person who has applied for a position with the city and has been offered employment conditioned upon successfully passing a drug test.
(7) Employee: Means an individual who works for the city for compensation and is covered by the Workers Compensation Act.
(8) Drug testing: Means any chemical, biological or physical instrumental analysis for the purpose of determining the presence of an illegal drug or its metabolites, including alcohol.
Drug testing may require the collection of blood, urine, breath, saliva or hair of an employee or job applicant.
(9) Initial drug test: Means a screening procedure of the blood and urine of
employees and job applicants for the presence of alcohol and illegal drugs in accordance with the Florida Drug Free Workplace Program and appropriate Florida administrative rules. All
levels equal to or exceeding the following shall be reported as positive:
Alcohol 0.05 g/dl%
Amphetamines 1,000 NG/ML
Cannabinoids 100 NG/ML
Cocaine 300 NG/ML
Phencyclidine 25 NG/ML
Methaqualone 300 NG/ML
Opiates 300 NG/ML
Barbiturates 300 NG/ML
Benzodiazepines 300 NG/ML
Synthetic narcotics:
Methadone 300 NG/ML
Propoxyphene 300 NG/ML
(10) Confirmation test: Means a second test of all specimens identified as positive on an initial test in accordance with the Florida Drug Free Workplace Program and appropriate
Florida administrative rules. All levels equal to or exceeding the following shall be reported as positive:
Alcohol 0.05 g/dl%
Amphetamines 500 NG/ML
Cannabinoids 15 NG/ML
Cocaine 150 NG/ML
Phencyclidine 25 NG/ML
Methaqualone 150 NG/ML
Opiates 300 NG/ML
Barbiturates 150 NG/ML
Benzodiazepines 150 NG/ML
Synthetic narcotics:
Methadone 150 NG/ML
Propoxyphene 150 NG/ML
(11) Drug testing methodology: Specimens for drug testing will be collected, handled, maintained and tested in accordance with the Florida Drug Free Workplace Program and the procedures
set forth in Florida Administrative Code Section 38F 9.
16 Boynton Beach Code
(12) Positive confirmed test or confirmation test: Means a second procedure which confirms a positive result from an initial drug test.
(13) Medical review officer (MRO): Means a licensed physician with knowledge of prescription drugs, pharmacology and toxicology of drugs, who may be responsible for receiving and
reviewing all positive confirmed test results and who may be responsible for contacting all individuals who test positive in a confirmation test to inquire about possible medications
which could have caused a positive result. The MRO need not be an employee of the city.
(14) Prescription or nonprescription medication: Means a drug or medication obtained pursuant to a prescription as defined by Section 893.02, Florida Statutes, or a medication that
is authorized pursuant to a federal or state law for general distribution and use without a prescription in the treatment of human diseases, ailments or injuries.
(15) Reasonable suspicion drug testing: Means drug testing based on a belief that an employee is using or has used drugs in violation of this policy drawn from specific objective
and documented facts and reasonable inferences drawn from those facts in light of experience. Among other things, such facts and inferences may be based upon:
a. Observable phenomena while at work, such as direct observation of drug use or of the physical symptoms or manifestations of being under the influence of a drug.
b. Abnormal conduct or erratic behavior while at work or a significant deterioration of work performance, either or both of which are recognized symptoms of alcohol or drug abuse and
which are not adequately explained by the employee or are not related to the employee(s working conditions.
c. A report of drug use, provided by a
reliable and credible source, which has been independently corroborated.
d. Evidence that an employee has tampered with a drug test during his employment with the current employer.
e. Information that an employee has caused, or contributed to, an accident while at work.
f. Evidence that an employee has used, possessed, sold, solicited, or transferred drugs, while working or while on the city(s premises or while operating a vehicle, machinery, or equipment
of the city.
(16) Specimen: Means a tissue or product of the human body including blood, urine, saliva, hair, capable of revealing the presence of alcohol and/or illegal drugs or their metabolites.
(c) General procedures.
(1) Types of testing. In order to maintain a drug and alcohol free work environment, the city will test for the presence of alcohol and drugs in the following circumstances:
a. Job applicants: All job applicants who have been offered a position of employment are required to take a drug and alcohol test.
b. Reasonable suspicion: All employees who are deter-mined to be under reasonable suspicion of drug or alcohol use (as defined herein), are required to take a drug and alcohol test.
c. Fitness for duty: All employees who are subject to a routine fitness for duty medical examinations are required to take a drug and alcohol test as part of their medical examination.
d. Follow-up: All employees who have been referred to an employee assistance program or rehabilitation program by the city for drug and/or alcohol abuse are required to take drug and
alcohol tests on a quarterly, semiannual or annual basis for two (2) years after return to work.
Administration 17
e. Post accident or injury: Employees who are involved in a job related accident or incident, and whose impairment appears to be contributory, which results or might have resulted in
bodily injury or property loss or damage.
f. The personnel department shall establish forms to facilitate record keeping and reporting. The forms attached as Attachments 1 through 5 shall be used initially but may be amended
from time to time by the personnel department without further commission action.
[See the editor(s note following this section.]
(2) Consequences of refusing a drug test.
a. An employee who refuses to submit to a drug test will be subject to discipline, up to and including termination. An employee who refuses to submit to a drug test also will forfeit
his eligibility for all worker(s compensation medical and indemnity benefits.
b. A job applicant who refuses to submit to a drug test will not be hired.
(3) Actions following a positive confirmed test. The city may institute disciplinary action, up to and including termination, for any employee who has a positive, confirmed drug test.
(4) Confidentiality. Confidentiality of records concerning drug testing will be maintained except to the extent necessary to comply with this policy and applicable public records law.
All information, reports, memos and drug test reports, written or otherwise, received by the city through the drug testing program will be kept confidential to the extent provided by
law.
The city, employee assistance program, laboratories, drug and alcohol rehabilitation programs who receive or have access to information concerning drug test results
shall keep all information confidential. No such information will be released unless there is a voluntary written consent, signed by an employee or job applicant, except where such
release is compelled by a court pursuant to an appeal taken under this section, or where deemed appropriate by a professional or occupational licensing board in a related disciplinary
proceeding.
The city will maintain records concerning drug testing separate and apart from an employee(s or job applicant(s personnel file. Information on drug testing results shall not be released
in any criminal hearing.
(5) Reporting of use of medication. Employees and job applicants may confidentially report the use of prescription or nonprescription medication both before and after having a drug test.
A form for reporting medication use is attached.
[See the editor(s note following this section.]
(6) Notice of common medications. A list of the most common medications, by brand name or common name, as applicable, as well as by chemical name, which may alter or affect a drug test
is attached. Employees and job applicants should review this list prior to submitting to a drug test.
(7) Medication information. An employee or job applicant may consult with the testing laboratory for technical information regarding prescription and nonprescription medication.
(8) Employee assistance program. Refer to the employee assistance program policy for the name, address and telephone number of the current provider.
Other resources available are:
1 800 356 9996 AL-ANON
1 800 527 5344 AMERICAN COUNCIL OF
ALCOHOLISM HELPLINE
1 800 COCAINE COCAINE HOTLINE
18 Boynton Beach Code
1 800 NCA-CALL NATIONAL COUNCIL ON
ALCOHOLISM
1800 662 HELP NATIONAL INSTITUTE ON
DRUG ABUSE
1 800 843 4971 NATIONAL INSTITUTE ON
DRUG ABUSE HOTLINE
(9) Drugs to be tested. Drugs that will be tested are as follows:
a. Alcohol, including distilled spirits, wine, malt beverages and intoxicating liquors
b. Amphetamines
c. Cannabinoids
d. Cocaine
e. Phencyclidine (PCP)
f. Hallucinogens, provided the only hallucinogen to be tested for is phencyclidine (PCP)
g. Methaqualone
h. Opiates
i. Barbiturates
j. Benzodiazepines
k. Synthetic narcotics, but limited to methadone and propoxyphene
l. A metabolite of any substance listed herein
(A list of drugs by brand names or common names is attached.)
(10) Challenge of test results.
a. An employee or a job applicant who receives a positive confirmed test result may contest or explain the result in writing within five (5) days of receipt of notification of a positive
confirmed test result.
b. If the explanation or challenge of the employee or job applicant is unsatisfactory to the city, the city within fifteen (15) days of receipt will provide a written explanation as
to why the employee or job applicant(s explanation is unsatisfactory, and a copy of the report of positive confirmed test results.
c. An employee may further challenge the results of the test in a court of
2004 S-22 Repl.
competent jurisdiction or, if the drug test was administered due to a workplace injury, by filing a claim for benefits with a judge of compensation claims, pursuant to Chapter 440,
Florida Statutes.
d. If an employee or job applicant contests the drug test results he must notify the laboratory.
(11) Right under collective bargaining agreements. Employees who are covered under a collective bargaining agreement between the city and any collective bargaining unit may have
a right to file a grievance regarding discipline imposed by the city as a result of a violation of this policy. A grievance of this nature shall not be limited to the discipline imposed,
but discipline based on a positive result shall not be set aside solely on the basis of error in ordering the test.
(d) Policy requirements.
(1) Conditions of pre-employment. The city will conduct preemployment screening examinations designed to prevent hiring individuals who use drugs.
a. To determine the suitability of employees to work for the city the following pre-employment conditions are established:
All job applicants will be tested prior to employment for drug use and alcohol use. Any job offer which a job applicant may receive from the city is contingent upon successfully completing
a required physical examination.
b. Any job applicant who refuses to submit to drug and alcohol testing as part of the pre-employment testing process will be refused employment.
c. Any job applicant who tests positive for drugs or alcohol use will be refused employment at that time.
d. Confidentiality will be maintained pursuant to this policy.
Administration 19
e. The city will not discriminate against applicants for employment because of the past abuse of drugs or alcohol. It is the current abuse of drugs or alcohol that the city will not
tolerate.
(2) Current employee drug and alcohol abuse screening. The city will maintain screening practices to identify employees who use illegal drug(s) or abuse alcohol. It shall be a condition
of continued employment for all employees to submit to drug screening under the following conditions:
a. Reasonable suspicion: All employees who are determined to be under reasonable suspicion of drug or alcohol use (as defined herein), are required to take a drug and alcohol test.
b. Fitness for duty: All employees who are subject to routine fitness for duty medical examinations are required to take a drug and alcohol test as part of their medical examination.
c. Follow-up: All employees who have been referred to an employee assistance program or rehabilitation program by the city for drug and/or alcohol abuse are required to take drug and
alcohol tests on a quarterly, semi-annual or annual basis for two (2) years after return to work.
d. Post accident or injury: Employees who are involved in a job related accident or incident, and whose impairment appears to be contributory, which results or might have resulted in
bodily injury or property loss or damage.
(3) Employee assistance program. The city maintains an employee assistance program (EAP) which provides help to employees and their families who suffer from alcohol or drug abuse. (Refer
to EAP policy)
It is the responsibility of each employee to seek assistance before drugs and alcohol lead to disciplinary problems.
To ensure the effectiveness of the drug free workplace policy, it is the responsibility of all employees to inform supervisory personnel of any activity that would lead a reasonable
person to believe that drugs or alcohol are being abused in the workplace.
a. An employee(s decision to seek assistance from the employee assistance program on a voluntary basis prior to any incident warranting disciplinary action will not be used as the basis
for disciplinary action or in any disciplinary proceeding.
On the other hand, using the EAP will not be a defense to the imposition of disciplinary action where facts providing violation of this policy are obtained outside of the EAP. Accordingly,
the purpose and practices of this policy and the EAP are not in conflict but are distinctly separate in their applications.
b. Through the EAP, the city will provide appropriate assessment, referral to treatment and treatment of drug and alcohol abuse (subject to the provisions of the city(s health insurance
plan). Such employees may be granted leave with a conditional return to work depending on successful completion of the agreed upon appropriate treatment regimen and in accordance with
the career services rules and regulations and any departmental rules and regulations. An employee(s bank of sick or vacation time shall be used (in that order) for such leave.
c. Upon successful completion of a drug and/or alcohol treatment program an employee may be released to resume work but will be subject to drug testing on a periodic basis, at least
quarterly, for up to two (2) years thereafter as a condition of continued employment.
d. Once a violation of this policy occurs, subsequent use of the employee assistance program, on a voluntary basis, will not affect the determination of appropriate disciplinary action.
20 Boynton Beach Code
e. An individual(s participation in the program will not be made part of any personnel records, and will remain confidential except to the extent necessary to comply with this policy.
Medical and insurance records, if any, will be preserved in the same confidential manner as all other medical records and be retained in a separate file as provided by law.
(4) Management(s responsibility. Supervisors are responsible for implementing the drug and alcohol free workplace policy. It is the responsibility of the supervisors to observe the behavior
of employees on the job as a precaution against unstable or unreliable behavior which could threaten the safety and well being of employees and the community.
a. Supervisors are responsible for maintaining a safe work environment by determining employees fitness for duty.
b. In the event a supervisor with the concurrence of a representative of the city manager(s office or the personnel director or his/her department representative, has a reasonable suspicion
that an employee may be affected by drugs or alcohol, the employee must be sent for drug testing. A form for reporting the reason(s) for drug testing is attached. [See the editors note
following this section.]
c. In all cases when an employee is being removed from duty for drug testing, the supervisor should notify his superior at the earliest possible time.
(5) Employees responsibility.
a. It is each employee(s responsibility to be fit for duty when reporting for work and to inform his supervisor if he is under prescription or nonprescription medication which may affect
job performance.
b. In the event an employee observes behavior which raises a doubt as to the ability of a co-worker to work in a safe, reliable and trustworthy manner, the employee should report this
behavior to his supervisor.
c. Employees who voluntarily enter a drug or alcohol treatment and/or rehabilitation program at the request or insistence of the city or, as a condition of continued employment, enter
a drug or alcohol treatment and/or rehabilitation program are required to participate and complete recommended treatment. Any employee who enters a drug or alcohol treatment and/or rehabilitation
program will be responsible for payment of the treatment and/or program. If the employee fails to comply with the treatment and/or the program, the employee will be subject to discipline,
up to and including termination.
(6) Medical review officer(s responsibilities.
a. The MRO will review all information from the testing laboratory in the event of a positive, confirmed test. The MRO will review any information from the employee or job applicant
regarding the use of medication or other relevant medical information set forth in the form submitted prior to drug testing.
b. The MRO may request that the testing laboratory provide qualification of test results.
c. The MRO will provide his interpretation of positive, confirmed test results to the personnel director or his/her department representative.
d. The MRO will assist employees in an employee assistance program, monitor such employees( progress and confirm completion of the treatment program.
Administration 21
List of Drugs by Trade or Common Names
Drugs Trade or Common Name
Opium Dover(s powder, Paregoric, Parepectolin
Morphine Morphine, pectoral syrup
Codeine Tylenol with codeine, empirin compound with codeine
Robitussin A-C
Heroin Diacetyl morphine, horse, smack
Hydro morphine Dilaudid
Meperidine Demerol, Mepergan
(pethidine)
Methadone Dolophine, Methadone, Methadose
Other narcotics Laam, Leritine, Numorphan, Percodan, Tussionex, Fentanyl, Darvon, Talwin, Lomotil
Depressants
Chloral hydrate Noctec, Somnos
Barbiturates Phenobarbital, Tuinal, Amytal Nembutal, Seconal, Lotusate
Benzodiazepines Atavan, Azene, Clonopin, Dalmane, Diazepam, Librium, Xanax, Serax, Tranxene, Paxipam, Restoril
Methaqualone Quaalude
Glutethimide Doriden
Other depressants Equanil, Miltown, Noludar, Placidyl, Valmid
Stimulants
Cocaine Coke, flake, snow, crack
Amphetamines Biphetamine, Delcobese, Desoxyn, Dexedrene, Metiatric
Phenmetrazine Preludin
Methylphenidate Ritalin
Other stimulants Adipex, Bacarate, Cylert, Didrex, Ionamin, Plegine, Presate, Sanorex, Tenuate, Tepanil, Voranil
2004 S-22 Repl.
Drugs Trade or Common Name
Hallucinogens
LSD Acid, microdot
Mescaline and
peyote Mesc, buttons, cactus
Amphetamine
variants 2, 5 DMA, PMA, STP, MDA, MDMA TMA, DOM, DOB
Phencyclidine PCP, angel dust, hog
Phencyclidine
analogs PCE, PCPy, TCP
Other hallucinogens Bufotenine, Ibogaine, DMT, DET, Psilocyn
Cannabis Trade or Common Name
Marijuana Pot, acapulco gold, grass, reefer, sinsemolla, thai sticks
Tetrahydrocannabinol THC
Hashish Hash
Hashish oil Hash oil
Over the Counter and Prescription Drugs
Which Could Alter or Affect
the Outcome of a Drug Test
Alcohol
All liquid medications containing ethyl alcohol (ethanol). Please read the label for alcohol content. As an example, Vick(s Nyquil is 25% (50 proof) ethyl alcohol, Comtrex is 20% (40
proof), Contac Severe Cold Formula Night Strength is 25% (50 proof) and Listerine is 26.9% (55 proof).
Amphetamines
Obetrol, Biphetamine, Desoxyn, Dexedrine, Didrex
Cannabinoids
Marinol (dronabinol, THC)
Cocaine
Cocaine HCI topical solution
22 Boynton Beach Code
Phencyclidine
Not legal by prescription
Methaqualone
Not legal by prescription
Opiates
Paregoric, Parepectolin, Donnagel, PG, morphine, Tylenol with codeine, Empirin with codeine, APAP with codeine, aspirin with codeine, Robitussin A-C, Guiatuss AC, Novahistine DH, Novahistine
Expectorant, Dilaudid (hydromorphine), (S Contin and Roxanol (morphine sulfate), Percodan, Vicidin
Barbiturates
Phenobarbital, Thinal, Amytal, Nembutal, Seconal, Lotusate, Fiorinal, Fioricet, Esgic, Butisol, Metbaril, Butabarital, Butabital, Phrenilin, Triad
Benzodiazephines
Atavan, Azene, Clonopin, Dalmane, Diazepan, Librium, Xanax, Serax, Tranxene, Valium, Verstan, Halcion, Paxipam, Restorial, Centrax
Methadone
Dolophine, Methadose
Proproxyphene
Darvocet, Darvon N, Dolene
(Ord. No. 92 51, ( 2, 10 20 92; Ord. No. 93 09, ( 2, 5 18 93)
Editor(s note-It should be noted that the reporting forms referenced in ( 2 19 are not set out at length in this Code, but are on file and available for inspection in the office of the
city clerk. Such forms are designated as attachments 1(5 to Ordinance No. 92 51.
Sec. 2 20. Quasi-judicial proceedings before
City Commission or city board;
procedure for reconsideration of
decision.
(a) For the purpose of this section the term (quasi-judicial proceeding( shall mean hearings before the City Commission or Planning Development Board, and limited to the following specific
types of proceedings:
(1) Variances;
(2) Rezonings;
(3) Appeals from administrative decisions of the building official or the planning director;
(4) Master plan approvals;
(5) Site plan approvals;
(6) Modifications of site plans (major).
(7) Relief from requirements of the sign code;
(8) Conditional use approvals;
(9) Site plan extensions;
(10) Abandonment;
(11) Other land development matters
announced as quasi-judicial hearings.
(b) Quasi-judicial hearings shall be conducted in a manner which provides all interested parties with the opportunity to testify, call witnesses, introduce evidence and cross-examine
witnesses. Testimony shall be under oath or affirmation. When a proposed development order comes before the City Commission having first been afforded a quasi-judicial hearing before
a city board, the testimony and evidence submitted to a city board constitute part of the record of testimony and evidence before the City Commission.
2005 S 23
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(c) No quasi-judicial proceeding shall proceed until proof of notice of the proceeding, in affidavit form, has been filed with the office of the City Clerk. Proof of notice must include
the name and address of each property owner to whom notice was mailed and a photograph of each sign posted, as hereinafter required. The following notices must be paid for and provided
by the applicant:
(1) All property owners, homeowner associations, and condominium associations that own property within four hundred (400) feet of the boundary line of the property which is the subject
of the quasi-judicial hearing shall be mailed, by first class mail, a notice of hearing postmarked no less than ten (10) calendar days prior to the hearing.
(2) One (1) sign for each street frontage of the property shall be posted no less than ten (10) days prior to the hearing. The sign shall be legible from a distance of one hundred (100)
feet and shall contain a description of the approval being sought, the date, time and location of the hearing, and a statement that the application being considered is available for
inspection in the Development Department of the city.
(3) When a quasi-judicial hearing is tabled or continued at the request of an applicant, re-notice of the hearing shall be provided by the applicant in the same manner as original notice.
(d) The City Commission may reconsider its decision arising from a quasi-judicial proceeding only upon a motion to reconsider made at the meeting at which the decision was rendered or
during the next regular City Commission meeting. No quasi-judicial decision shall be considered final until the conclusion of the next City Commission meeting, or if a motion to reconsider
has been made and passes, the conclusion of the reconsideration of the matter, and the entry of a written order approved by the City Attorney and signed by the City Clerk.
(e) When a motion for reconsideration is made and approved at the Commission meeting at which the decision was rendered, the Commission may immediately reconsider the matter before them
or, the Commission may reconsider the matter at a later time certain which shall be announced, at the meeting, to the applicant and the public. No additional notice of the matter shall
be necessary.
2005 S-23
When a motion for reconsideration is made following the close of the Commission meeting at which the decision is made, only the motion to reconsider shall be heard at the next regular
City Commission meeting. If the motion to reconsider is adopted by the Commission, the matter which is the subject of the motion to reconsider shall be placed on the next regular City
Commission meeting agenda. The agenda item shall be noticed in the same manner as the notice provided when the item was originally considered.
(f) Any board may reconsider its decision arising from a quasi-judicial proceeding only upon a motion to reconsider at the meeting at which the decision was rendered.
(g) Reserved.
(h) To the extent of any conflict between the procedures set forth herein and Robert(s Rules of Procedure, the procedure set forth herein shall prevail.
(Ord. No. 93 20, (( 1(6, 8 3 93; Ord. No. 94 02, (( 1(3, 2 1 94; Ord. No. 97 32, ( 1, 8 5 97; Ord. No. 01-23, ( 1, 6-5-01; Ord. No. 04-007, ( 1, 3 16 04; Ord. No. 05-004, ( 1, 1-4-05)
Editor(s note(Ord. No. 93 20, (( 1(6, adopted Aug. 3, 1993, did not specify manner of codification; hence, the provisions have been designated by the editor as ( 2 20.
Sec. 2-21. Employment screening.
(a) As authorized by F.S. ( 166.0442, any individual who is currently being employed, is seeking employment, or is to be appointed to a position of municipal employment or appointment
which the city finds is critical to security or public safety shall be subject to employment screening. The employment screening process shall require that each person applying for,
or continuing employment in any such position, or having access to any such facility, be fingerprinted. The city shall submit the fingerprints to the Florida Department of Law Enforcement
for a state criminal history record check and to the Federal Bureau of Investigation for a national criminal history
24 Boynton Beach Code
record check. The information obtained from the criminal history record checks conducted pursuant to this section may be used to determine an applicant(s eligibility for employment or
appointment and to determine an employee(s eligibility for continued employment. The fingerprinting and associated criminal history record checks shall be in addition to any other background
screening which the city may lawfully undertake.
(b) As authorized by F.S. ( 166.0442, any private contractor, any employee of a private contractor, vendor, repair person, or delivery person who has access to any public facility or
publicly operated facility that the City Commission finds is critical to security or public safety shall be subject to employment screening as described in paragraph (a) above. The employment
screening process shall require that each person having access to any such facility be fingerprinted. The costs of such employment screening pursuant to this section shall be borne by
the contractor, vendor, repair person, or delivery person.
(c) The positions of municipal employment and appointment that are critical to security or public safety are listed in Exhibit (A( of Ordinance 03-053.
(d) The public facilities and publicly operated facilities that are critical to security or public safety are listed in Exhibit (B( of Ordinance 03-053.
(Ord. No. 03-053, (( 2(4, 10-7-03)
Sec. 2-22. Policy for naming city facilities.
(a) Purpose. The purpose of this policy is to establish a systematic and consistent approach for the official naming of streets, parks and recreational areas and other public facilities,
buildings and rooms in buildings.
(b) Objectives:
(1) Ensure that streets parks, recreational areas and facilities, buildings and rooms in buildings are easily identified and located;
(2) Ensure that given names to streets, parks, recreational areas, facilities, buildings and rooms in buildings are consistent with the values and character of the area or neighborhood
served;
(3) Encourage public participation in the naming, renaming and dedication of streets, parks, recreation areas, facilities, buildings and rooms in buildings;
(4) Encourages the dedication of lands, facilities, or donations by individuals and/or groups; and
(5) Encourages long term monetary sponsorship.
(c) Definition.
Facilities means parks, recreation areas, streets, buildings, rooms in buildings and other facilities, or parts thereof, which operate for the benefit of the public and includes all
property under the city's ownership, administration or control including buildings, structures, open spaces, public parks, natural areas, wetlands, environmental habitat and land, or
parts thereof.
(d) Criteria.
(1) The policy of the city is to name facilities through an adopted process utilizing established criteria emphasizing community values and character, local history, geography, environmental,
civics, monetary support and service to the Boynton Beach community.
(2) The following criteria shall be used in determining the appropriateness of the naming designation:
a. Geographic location (neigh-borhood, significant areas, etc.);
b. Natural features;
c. A person or place of historical or cultural significance;
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Administration 24A
d. A person, group, or feature particularly identified with the land or facility; or
e. Commitment for monetary sponsorship.
(3) The process to name facilities commences with a recommendation of the City Manager, Mayor or a City Commissioner that a city facility be named or renamed.
(4) Conditions of property donation as agreed upon by the donor and the city shall be honored regarding the naming of the facilities subject to these adopted policies.
(5) Names that are similar to existing facilities in the city should not be considered in order to minimize confusion.
(6) The city reserves the right to change the name to maintain consistency with these policies.
(e) Procedure.
(1) Naming or renaming of facilities.
a. A request for naming of a facility shall be initiated by a request by the City Manager to the City Commission or by request of any member of the City Commission through the City Manager.
b. City staff as designated by the City Manager will review the proposal for adherence to the stated criteria and authentication of statements relative to contributions in the case of
an individual before forwarding to an advisory committee of five (5) persons appointed by the City Commission.
c. The advisory committee shall review the proposed naming or renaming and will offer the opportunity for public input on the proposed naming.
d. The advisory committee shall forward their recommendation to the City Commission for final decision.
(2) Renaming of parks, recreation areas, facilities, buildings and rooms in buildings. Renaming of facilities carries with it a much greater burden of process compared to initial naming.
Tradition and continuity of name and community identification are important community values. Each suggestion or request for renaming must meet the criteria in this policy, but meeting
all criteria does not ensure renaming.
(Ord. No. 06-078, ( 2, 10-17-06)
Sec. 2 23. Code of Ethics.
The City of Boynton Beach hereby adopts by reference as its own the Palm Beach County Code of Ethics, Palm Beach County Code, Chapter 2, Article XII, sections 2 441 through 2 443, section
2 444(c), (d), and (e), section 2 445 through section 2 448, and the Palm Beach County Commission on Ethics, Palm Beach County Code, Chapter 2, Article V, Division 8, sections 2 254
through 2 260.10, as may be amended from time to time.
(Ord. No. 10-021, ( 2, 9-21-10)
Sec. 2 24. Non-discrimination policy.
The City of Boynton Beach shall not discriminate against any person in its hiring, promotion, operation or sponsorship of any activities or programs, or engage in any other discriminatory
practice against any person based on race, age, religion, color, gender, gender identity or expression, sexual orientation, national origin, marital status, physical or mental disability,
political affiliation or any other unlawful factor.
(Ord. No. 14 029, ( 2, 11 18 14)
Sec. 2 24.1 Domestic partnership act.
(a) Title. This section may be cited as the (Boynton Beach Domestic Partnership Act.(
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24B Boynton Beach Code
(b) Findings and intent.
(1) The City Commission finds that there are many individuals who establish and maintain a significant personal, emotional and economic relationship with another individual but who choose
not to marry. Individuals forming such domestic partnerships often live in a committed family relationship. Domestic partners are often denied public and private sector benefits because
there is no established system for such relationships to be registered and/or recognized. In addition, because of the status of their relationship, domestic partners in many cases are
not extended certain employment benefits that are otherwise made available to employees who have entered into traditional, state sanctioned marriages.
(2) The City Commission finds that the provision of domestic partner benefits promotes employee recruitment, employee retention, and employee loyalty.
(3) The provision of this section shall be liberally construed to promote the public health, safety and general welfare of the citizens, residents and employees of the City of Boynton
Beach. This act shall not be construed to supersede any federal, state or city laws or regulations, nor shall this section be interpreted to bring it into conflict with federal, state
or city laws. Any rules developed to implement the provisions of this section shall be liberally construed to accomplish the policies and purposes stated in this section.
(c) Definitions. For purposes of this section, these terms shall be defined, as follows:
(1) City employee means currently employed or retired employees of the City of Boynton Beach, Florida, who are eligible for benefits pursuant to federal, state, or city laws, city administrative
rules, or collective bargaining agreements.
(2) Declaration of domestic partnership means a declaration prepared by the Department and signed under penalty of perjury, which affirms that
the individuals referenced in the declaration meet the requirements of a domestic partnership relationship as described in subsection (d). The declaration of domestic partnership shall
only be valid as it relates to the city employee benefit program.
(3) Department means the City of Boynton Beach Human Resources Department.
(4) Domestic partners means only two (2) adults who are parties to a domestic partnership relationship and who meet the requisites for a valid domestic partnership relationship as established
pursuant to subsection (d).
(5) Dependent, as used with regard to domestic partnership benefits, pursuant to subsection (g), means the domestic partner of a city employee.
(6) Dependent of domestic partner or dependent of employee, as used with regard to domestic partnership benefits, pursuant to subsection (g), means a person who is eligible for coverage
under the city(s insurance plans.
(7) Jointly responsible means each domestic partner mutually agrees to provide for the other partner(s basic food and shelter living expenses while the domestic partnership relationship
is in effect, except that partners need not contribute equally or jointly to said basic food and shelter.
(8) Mutual residence means a residence shared by the registered domestic partners; it is not necessary that the legal right to possess the place of residence be in both of their names.
Two people may share a mutual residence even if one or both have additional places to live. Domestic partners do not cease to share a mutual residence if one leaves the shared place
but intends to return.
(d) Registration of a domestic partnership relationship.
(1) A valid domestic partnership relationship may be registered by two (2) persons, one (1) of whom is a city employee by filing a declaration
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Administration 24C
of domestic partnership with the Department, which declaration shall comply with all requirements for establishing such domestic partnership. The director of the Department, or his or
her designee, shall file the declaration of domestic partnership and issue a certificate reflecting the registration of the domestic partnership relationship in city.
(2) A declaration of domestic partnership shall contain the name and address of each domestic partner, the signature of each partner, and each partner shall swear or affirm under penalty
of perjury that:
a. Each person is at least eighteen (18) years old and legally competent to contract;
b. Neither person is in a current marriage recognized by the state of Florida nor currently a partner to another domestic partnership or civil union with any individual other than the
other person signing the declaration of domestic partnership;
c. Neither partner is related to the other by blood;
d. Consent of either person to the domestic partnership relationship has not been obtained by force, duress or fraud;
e. Each person agrees to be jointly responsible for each other(s basic food and shelter;
f. Each partner considers himself or herself to be a member of the immediate family of the other partner;
g. The partners reside in a mutual residence;
h. Each domestic partner agrees to immediately notify the Department, in writing, if the terms of the declaration of domestic partnership are no longer applicable or if one (1) of the
domestic partners wishes to terminate the domestic partnership;
i. Neither partner has signed a domestic partnership affidavit or declaration with any other person within the twelve (12) months prior to designating each other as domestic partners.
(3) Any partner to a domestic partnership may file an amendment to the domestic partnership certificate issued by the city to reflect a change in his or her legal name. All other amendments
must be filed by both domestic partners with the same formality as the original declaration, however only one (1) party of the domestic partnership is required to file a termination
of the valid domestic partnership.
(e) Termination of registered domestic partnership relationship.
(1) Either partner to a registered domestic partnership relationship may terminate such relationship by filing a notarized declaration of termination of domestic partnership relationship
with the Department. The director of the Department shall file the declaration and issue a certificate of termination of domestic partnership relationship to each partner of the former
relationship. The termination shall become effective immediately from the date the certificate of termination is issued.
(2) If any partner to a domestic partnership relationship enters into a legal marriage, the domestic partnership relationship shall terminate automatically, and all rights, benefits,
and entitlements thereunder shall cease as of the effective date of the marriage. The marrying domestic partner shall file a declaration terminating the domestic partnership relationship
within five (5) days after entering into a legal marriage that is recognized by the State of Florida.
(3) The death of either domestic partner shall automatically terminate the domestic partnership relationship. The surviving partner shall continue to be entitled to receive all benefits
otherwise provided to a surviving spouse.
(f) Maintenance of records. The Department shall, by administrative rule, prescribe the form of all declarations, amendments, and certificates required to
2015 S 45
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be filed under this act. The Department shall maintain a record of all declarations, amendments, and certificates filed pursuant to this act. The records shall be maintained so that
all declarations, amendments, and certificates shall be filed with the registered domestic partnership to which they apply.
(g) City employees; extension of benefits.
(1) Any city employee who is a party to a registered domestic partnership relationship, pursuant to subsection (d) of this act, shall be entitled to elect insurance coverage for his
or her domestic partner or a dependent of such domestic partner on the same basis in which any city employee may elect insurance coverage for his or her spouse or dependents. A city
employee(s right to elect insurance coverage for his or her domestic partner, or the partner(s dependent, shall extend to all forms of insurance provided by the city to the spouses and
dependents of city employees, unless such coverage is prohibited by state or federal law. All elections of coverage shall be made in accordance with the requirements of applicable city
ordinances, administrative rules, and policies. A city employee must make application for insurance within thirty (30) days of the establishment of a domestic partnership relationship
or will have to wait until the open enrollment period, as established by the city. The establishment of a domestic partnership relationship, as provided by the section, shall constitute
a (qualifying event( for the purposes of adding dependents to the insurance plan outside of the open enrollment period.
(2) Any city employee who is a party to a registered domestic partnership relationship, pursuant to subsection (d) of this act, shall be entitled to use all forms of leave provided by
the city including, but not limited to, sick leave, annual leave, family illness leave and bereavement leave to care for his or her domestic partner or the dependent of the domestic
partner as applicable. The use of leave authorized in this section shall be consistent with the applicable requirements in city ordinances, administrative rules, and city policies.
(3) Unless prohibited by state or federal law, all other benefits available to the spouses and dependents of city employees shall be made available on the same basis to the domestic
partner, or dependent of such domestic partner, of a city employee who is a party to a registered domestic partnership relationship pursuant to subsection (d).
(4) The City Manager is authorized to take all actions necessary to implement the provisions of this section.
(h) Notification of family members. In any situation providing for mandatory or permissible notification of family members, including notification of family members in an emergency,
or when permission is granted to inmates to contact family members, (notification of family( shall include domestic partners.
(i) Additional regulations.
(1) Nothing in this section shall be interpreted to contravene the general laws of the State of Florida.
(2) Nothing contained in this section shall be construed to impose liability or impose a private cause of action upon a domestic partner for the health or health expenses of his or her
domestic partner.
(3) When the term (spouse( or (married( or (marriage( is used in other city ordinances and documents, it shall be interpreted to include a registered domestic partner. When the term
(family( or (dependent( is used in other city ordinances, it shall be interpreted to include domestic partnerships and dependents of registered domestic partnerships. When the term (divorce(
or (legal separation( is used in other city ordinances and documents, it shall be interpreted to mean termination of a registered domestic partnership.
(Ord. No. 14 030, ( 2, 11 18 14)
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ARTICLE II. CITY MANAGER
Sec. 2 25. Appointment; qualifications.
Pursuant to the provisions of Section 49 of the city Charter, the City Commission shall by resolution appoint a City Manager for an indefinite term. The Manager shall be appointed solely
on the basis of his executive and administrative qualifications. He need not be a resident of the city or state at the time of his appointment but may reside outside the city while in
office only with the approval of the Commission. (Code 1958, ( 2 21)
Sec. 2 26. Compensation.
The City Manager shall receive such compensation for his services and allowances as may be fixed by the City Commission by resolution.
(Code 1958, ( 2 23)
Sec. 2 27. Bond.
Upon appointment of an individual to the office of City Manager and during his tenure of office, the city shall, at its expense, procure and maintain a proper fidelity and indemnity
bond in the minimum amount of $10,000 covering any person so appointed to the said office of City Manager in connection with the exercise and execution of the duties of said office.
(Code 1958, ( 2 27)
Sec. 2 28. Appointment; removal.
The appointment and removal of the City Manager shall be by four-fifths vote of the City Commission.
(Ord. No. 95 21, ( 2, 6 20 95)
Editor(s note(Ord. No. 89 28, ( 1, adopted Sept. 19, 1989, repealed previous ( 2 28, removal or suspension of the manager, derived from the 1958 Code, ( 2 24; Ord. No. 78 33, ( 1, adopted
Aug. 15, 1978; and Ord. No. 79 1, ( 1, adopted Jan. 16, 1979.
Sec. 2 29. Attendance at Council meetings.
The City Manager shall have the right to take part in the discussions on all matters coming before the Commission relative to administrative functions of the municipality but shall have
no vote therein. (Code 1958, ( 2 25; Ord. No. 89 28, ( 2, 9 19 89)
Sec. 2 30. Powers and duties generally.
The City Manager shall be the Chief Administrative Officer of the city and be responsible to the Commission for the administration of all city affairs placed in his charge under the
city Charter, Code of Ordinances or assigned to him by the City Commission. He shall have the power and duty to:
(a) Appoint, and when necessary for the good of the city, suspend or remove all employees and appointive administrative officers of the city, except the City Attorney, or as otherwise
provided by law, subject to the provisions of the municipal civil service merit system. Further, he may authorize any administrative officer who is subject to his direction and supervision
to exercise these powers with respect to subordinates in that officer(s department, office or agency.
(b) Recommend, in his discretion, to the Commission the creation of the position of Assistant City Manager or designate with the Commission(s consent an employee of the city to act in
this capacity.
(c) Direct and supervise the administration of all departments, officers and agencies of the city, except as otherwise provided by the Charter or by law.
(d) See that all ordinances, provisions of the Charter and acts of the Commission, subject to enforcement by him or by officers subject to his direction and supervision, are faithfully
executed.
(e) Prepare and submit the annual budget and capital program to the Commission and be responsible for its administration after adoption.
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24F Boynton Beach Code
(f) Prepare and submit to the Commission and make available to the public a complete report on the finances and administrative activities of the city as of the end of each fiscal year.
(g) Make such other reports as the Commission may require concerning the operations of the city departments, offices and agencies subject to his direction and supervision.
(h) Keep the Commission fully advised as to the financial condition and future needs of the city and make such recommendations to the Commission concerning the affairs of the city as
he deems desirable.
(i) Perform such other duties as are specified in the city Charter or may be required by the City Commission.
(j) Department heads may seek approval of the City Manager, to add or modify positions under the following conditions:
1. During each fiscal year department heads may request the City Manager to add or modify staffing positions within the department, provided the total salary for the department appropriated
by the City Commission does not increase;
2. The following notation shall be made on the budget summary sheet submitted by each department in its annual proposed budget:
(Notwithstanding the positions listed above, staffing may be modified during the fiscal year if:
a. Approved by the City Manager; and
b. The total appropriation for salaried positions is not exceeded.(
3. The City Manager shall report any and all modification or staffing changes to the City
Commission by Memorandum prior to implementation of the modification.
(Code 1958, ( 2 26) (Ord. No. 99 19, ( 1, 7 6 99)
Sec. 2 31. Temporary absence or disability.
(a) When the city manager shall be out of the city for more than 48 hours (not including Saturday, Sunday and holidays), he shall inform the City Commission of his proposed absence and
will indicate to the City Commission who will be administratively
in charge of the city for routine matters. This action shall not constitute the appointment of an acting city manager.
(b) When, due to length of absence from the city or illness, and inability to be in reasonable contact by telephone, the City Manager is unable to carry out administrative duties and
responsibilities in a reasonable time, the city manager, with City Commission approval, shall designate an acting City Manager to temporarily carry out the necessary duties of the City
Manager.
(Code 1958, ( 2 22; Ord. No. 84 2, ( 1, 1 17 84)
Secs. 2 32(2 40. Reserved.
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ARTICLE III. ELECTIONS*
*Cross reference-Political signs, ( 21 2.
Charter reference-Elections generally, ( 135 et seq.
Sec. 2 41. Voting districts.
The boundaries for each of the four (4) voting districts of the City Commission of the City of Boynton Beach, shall be as follows:
(1) District No 1. COMMENCING at the centerline intersection of Boynton Beach Boulevard and the centerline of Interstate 95 (S.R. 9); thence run westerly along the centerline of Boynton
Beach Boulevard to the centerline intersection of NW 8th Street and the POINT OF BEGINNING: thence run southerly along the centerline of NW 8th Street and SW 10th Street to the centerline
intersection of Woolbright Road; thence run easterly along the centerline of Woolbright Road to the centerline intersection of Interstate 95 (S.R. 9): thence run southerly along the
centerline of said Interstate 95 (S.R. 9) to the easterly extension of the centerline of the Lake Worth Drainage District (LWDD) Lateral 30 Canal: thence run westerly along the centerline
of said LWDD Lateral 30 Canal to the city(s western corporate limits: thence run northerly, easterly and northerly along the city(s western corporate limits to a point on the centerline
of the C. Stanley Weaver/Boynton Beach Canal; thence run easterly along the centerline of the C. Stanley Weaver/Boynton Beach Canal to the centerline intersection of Congress Avenue;
thence run northerly along Congress Avenue to the centerline intersection of Gateway Boulevard; thence run easterly along the centerline of Gateway Boulevard to the centerline intersection
of the Lake Worth Drainage District (LWDD) Equalization (E) 4 Canal: thence run southerly along the centerline of the Lake Worth Drainage District (LWDD) Equalization (E) 4 Canal to
the centerline
intersection of Old Boynton Road; thence run easterly, southeasterly and southerly along the centerline of Old Boynton Road to the POINT OF BEGINNING.
(2) District No. 2. COMMENCING at the centerline intersection of Boynton Beach Boulevard and the centerline of Interstate 95 (S.R. 9); thence run westerly along the centerline of Boynton
Beach Boulevard to the centerline intersection of Old Boynton Road and the POINT OF BEGINNING; thence run northerly, northwesterly, and westerly along the centerline of Old Boynton Road
to the centerline intersection of the Lake Worth Drainage District (LWDD) Equalization (E) 4 Canal; thence run northerly along the centerline of the Lake Worth Drainage District (LWDD)
Equalization (E) 4 Canal to the centerline intersection of Gateway Boulevard; thence run easterly along the centerline of Gateway Boulevard to the centerline intersection of Interstate
95 (S.R. 9): thence run northerly along the centerline of said Interstate 95 (S.R. 9) to the city(s northern corporate limits: thence run easterly, southerly and easterly along the city(s
northern corporate limits to the centerline of the Intracoastal Waterway; thence run southerly along the centerline of said Intracoastal Waterway to the centerline of easterly extension
of NE 4th Avenue; thence westerly along the centerline of easterly extension of NE 4th Avenue to the centerline of Federal Highway (U.S. 1): thence run southerly along, the centerline
of Federal Highway to the centerline of Boynton Beach Boulevard; thence run westerly along the centerline of said Boynton Beach Boulevard to the POINT OF BEGINNING.
(3) District No 3. BEGINNING at the centerline intersection of Boynton Beach Boulevard and the centerline of SW 10th Street/NW 8th Street: thence run easterly along the centerline of
said Boynton Beach Boulevard to the centerline of Federal Highway (U.S.
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1); thence run northerly along the centerline of Federal Highway to the centerline of NE 4th Avenue; thence run easterly along the centerline of NE 4th Avenue and its easterly extension
to the centerline of the Intracoastal Waterway: thence run southerly along the centerline of said Intracoastal Waterway and the city(s eastern corporate limits as located to the east
side of the Intracoastal Waterway and periodically adjacent to the corporate limits of the Town of Gulfstream to a point on the centerline of said Intracoastal Waterway at the city(s
southern corporate limits adjacent with a portion of Palm Beach County; thence run westerly, southerly and northwesterly along the city(s southern corporate limits crossing South Federal
Highway south of Gulfstream Boulevard to a point on the west right of way line of Old Dixie Highway and the centerline of Gulfstream Boulevard being the city(s southern corporate limits
with the City of Delray Beach: thence run westerly along the city(s southern corporate limits and the centerline of Gulfstream Boulevard and along the southern subdivision line of the
HILLS AT LAKE EDEN, P.U.D. as recorded in Plat Book 79, Pages 89 and 90, according to the Public Records of Palm Beach County. Florida, to the centerline of Interstate 95 (S.R.. 9):
thence run northerly along the centerline of Interstate 95 (S.R. 9) to the centerline intersection of Woolbright Road: thence run easterly along the centerline of Woolbright Road to
the centerline intersection of SW 10th Street/NW 8th Street: thence run northerly along the centerline of SW 10th Street/NW 8th Street to the centerline intersection of Boynton Beach
Boulevard and the POINT OF BEGINNING.
(4) District No 4. BEGINNING at the centerline intersection of the C. Stanley Weaver/Boynton Beach Canal and the city(s western corporate limits: thence run northerly, westerly, southerly,
westerly, northerly, easterly, northerly, easterly and
northerly to the city(s northern corporate limits, said northern corporate limits being also the north right of way line of Hypoluxo Road; thence run easterly along the city(s northern
corporate limits to the to the centerline of Interstate 95 (S.R. 9); thence run southerly along the centerline of said Interstate 95 (S.R. 9) to the centerline intersection of Gateway
Boulevard; thence run westerly along Gateway Boulevard to the centerline intersection of Congress Avenue: thence run southerly along Congress Avenue to the centerline intersection of
the C. Stanley Weaver/Boynton Beach Canal; thence run westerly along the centerline of the C. Stanley Weaver/Boynton Beach Canal to the POINT OF BEGINNING.
(Ord. No. 91 82, ( 2, 12 17 91; Ord. No. 02 035, ( 2, 8 20 02; Ord. No. 11 033, ( 2, 1 3 12)
Editor(s note-Ord. No. 91 82, ( 2, adopted Dec. 17, 1991, provided the boundary descriptions of the city(s four voting districts. Such descriptions have been included by the editor
as ( 2 41.
Sec. 2 42. Official ballot, filing fees.
The City Commission shall prepare or cause to be prepared the official ballot for each regular and special election of the city. Each candidate shall file a petition signed by at least
twenty-five (25) duly qualified voters of the city and shall submit a filing fee of twenty-five dollars ($25.00), which will result in the appearance in alphabetical order of the name
of the particular candidate upon the official general election ballot. All such filing fees collected shall be deposited to the general fund. None but the official ballot shall be used.
(Code 1958, ( 8 6; Ord. No. 83 51, ( 5, 12 20 83)
Sec. 2 43. Absentee voting permitted.
Absentee voting shall be permitted in city elections, in accordance with the procedures established by law for absentee voting in state and county elections. Provided, however, that
(city clerk(
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shall be substituted for (supervisor of elections( in said laws and (canvassing board( as used in said laws shall be held to mean the persons authorized to canvass city elections.
State law reference-Absentee voting, F.S. ( 101.62 et seq.
Sec. 2 44. Designation of polling places.
The polling places within each precinct shall be designated by the mayor at the time of the calling of each special or general municipal election, by proclamation.
(Code 1958, ( 8 19)
Sec. 2 45. False statements or affidavits.
Any person who shall make, transmit or deliver, or cause to be made, transmitted or delivered, any false statement or affidavit with the intent that the same be used under any provision
of this article, shall be guilty of a violation of this Code.
(Code 1958, ( 8 18)
Sec. 2 46. Vacancy in candidacy.
(a) If the death, withdrawal or removal from the ballot of a qualified candidate for city commissioner occurs after the close of registration for candidates for this office, and if the
death, withdrawal or removal leaves fewer than two (2) candidates for that office, and at least thirty-five (35) days remain before the election, the qualifying period for that office
shall be reopened for a period of five (5) days following the date the vacancy occurs. All qualified candidates registered during that period shall be placed on the ballot at the general
municipal election along with the remaining candidate. The city clerk shall promptly post notice at City Hall, in a conspicuous place, of reopening of the registration period. The city
clerk shall, in conjunction with procedures established by the supervisor of elections of Palm Beach County, Florida, make a bona fide attempt to contact all persons requesting absentee
ballots so as to advise such
absentee voters of the death, withdrawal or removal from the ballot of a qualified candidate for city commissioner. The procedures set forth in subsection (e) hereinafter, shall also
apply.
(b) If the death, withdrawal or removal from the ballot of a qualified candidate for city commissioner occurs and there is less than thirty-five (35) days before the election, the election
for that specific seat shall be delayed from its scheduled date by not less than forty-five (45) nor more than sixty (60) days, at which time a special municipal election for that office
only shall take place. Qualifying shall be reopened for a period of ten (10) days beginning the day after the vacancy occurs. The city clerk shall promptly advertise at least one (1)
notice of the rescheduled election and reopening of registration in a newspaper of general circulation in the City of Boynton Beach. The notice shall be a quarter page display advertisement
appearing at least ten (10) days prior to the rescheduled election date.
(c) Any remaining candidate for that office shall not be required to requalify for election or pay a second qualifying fee. Any remaining candidate shall not be declared an unopposed
candidate under Chapter
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106, Florida Statutes, unless no additional candidate qualifies for election during the supplemental qualifying period. Any remaining candidate may continue to accept contributions pursuant
to Chapter 106, Florida Statutes, or until he is declared unopposed. If he is declared unopposed pursuant to this section, then within ten (10) days after the close of the supplemental
qualifying period the special election shall be canceled. The unopposed candidate shall be declared elected at an organizational meeting of the City Commission and the oath of office
shall be administered at that time.
(d) The filing of campaign expense statements pursuant to Chapter 106, Florida Statutes, by candidates in a special election called under subsection (b), including the remaining candidate,
shall not be later than such dates as fixed by the city clerk.
(e) If a special election is called pursuant to subsection (b), and other candidates qualify for election during the supplemental qualifying period, supplemental absentee ballots for
the special election shall be mailed to any absentee voter who was mailed an absentee ballot for the regular election as well as provided to other voters who properly request them. If
an absentee voter returns the initial ballot he was mailed, his vote for that office for which the special election was called shall be null and void, but his votes on all other offices
and issues shall be counted.
(Ord. No. 92 08, ( 2, 4 7 92; Ord. No. 94 05, ( 2, 3 1 94)
Sec. 2 47. Early voting.
The provisions of F.S. ( 101.657, providing for early voting, shall not apply to any City of Boynton Beach municipal election. It is the intent of the City Commission, pursuant to the
provisions of F.S. ( 100.3605, to exempt all City of Boynton Beach municipal elections from the early voting provisions of F.S. ( 101.657. Notwithstanding anything to the contrary contained
herein, the city may contract with Palm Beach County Supervisor of Elections to conduct early voting for the city at the office of the Supervisor of Elections and at any other early
voting sites the
Supervisor may establish in locations other than City Hall.
(Ord. No. 05 016, ( 2, 3 1 05)
Secs. 2 48(2 55. Reserved.
ARTICLE IV. PURCHASING AND
CONSULTANTS*
*Editor(s note-Ord. No. 90 54, ( 2, adopted Nov. 20, 1990, repealed former Art. IV, Consultants, substantive sections thereof being (( 2 56, 2 57, 2 60 and 2 61, derived from the 1958
Code, (( 2 70, 2 71, 2 74 and 2 75. Sec. 3 of Ord. No. 90 54 enacted a new Art. IV, (( 2 56(2 60 to read as herein set out.
Sec. 2 56. Purchasing agent, selection, duties;
competitive bidding.
(a) The City Commission shall appoint an officer or employee of the city, other than a member of the City Commission, as purchasing agent for the city who shall be responsible for the
purchase of all supplies, materials, equipment and other articles used by the municipal government. All purchases or sales of city property shall be subject to the approval of the City
Commission and shall conform to such regulations as the City Commission may from time to time prescribe.
(b) Personal property, commodities and services. Except as provided in section 2 56.1 all purchases or sales of personal property, commodities and services involving amounts in excess
of twenty-five thousand dollars ($25,000.00), or construction involving amounts of seventy-five thousand ($75,000.00), shall be made only after the publishing of an advertisement of
bids thereon in a newspaper of general circulation in the city at least one (1) time, not less than ten (10) days prior to the date set for the reception of such bids, together with
such other notice as the commission may direct. The City Commission shall have the power to reject any and all bids submitted and received, and to waive any informalities in connection
with such bidding.
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(c) Real property. Real property may be sold in the manner recommended by the City Manager and determined by the City Commission to be in the best interest of the city. With regard to
the sale of any real estate owned by the city which has an appraised value exceeding $100,000.00 as determined by the most recent valuation of the Palm Beach County Property Appraiser,
no such sale shall be conducted or consummated until such time as subject property has been appraised by a disinterested qualified appraiser to be designated by the city commission for
the purpose of establishing a fair market value thereon. The sale of real property for less than the fair market value shall require the approval by a vote of four fifths (4/5) of the
City Commission.
(d) The foregoing provision for sale of real property do not apply to real property located within the city's community redevelopment area if the property was acquired by the city for
the purposes of community redevelopment or if the sale of the property will facilitate redevelopment consistent with the CRA plan; or if the sale of the property will facilitate restoration
of a property which the City Commission deems to be historic, even in those cases where historic designation by the State of Florida, Palm Beach County, or pursuant to a federal historic
designation program has not occurred or is pending.
(Ord. No. 90 54, ( 3, 11 20 90; Ord. No. 97 45, ( 1, 9 2 97; Ord. No. 01-66, ( 1, 1-2-02; Ord. No. 03 002, ( 1, 2 18 03; Ord. No. 12 009, ( 2, 5 15 12; Ord. No. 12-024, ( 2, 12-18-12)
Sec. 2 56.1 Exceptions to competitive bidding.
(a) The purchase or sale of any real property by the city from or to another governmental agency shall conform to such regulations as the City Commission may from time to time prescribe,
but such purchase or sale shall be excepted and exempt from the provisions of section 2.56 hereof.
(b) On any purchase of personal property, commodities, or services involving amounts less than twenty-five thousand dollars ($25,000.00), or construction less than seventy-five dollars
($75,000.00), the city manager shall establish procurement policies. The procurement policies shall
provide for obtaining sufficient pricing and product quotations to ensure that the goods, services, or construction being procured is the highest quality at the most reasonable cost.
Such procedure shall require the preparation and maintenance of written records which adequately document the quotations obtained, property account for the funds expended, and facilitate
an audit of the purchase made. Furthermore, the city manager, or in the city manager(s absence, the acting city manager is authorized to execute a purchase order on behalf of the city
for such purchases under the $25,000.00 bid threshold for personal property, commodities and services, or $75,000.00 for construction. The City Manager shall file a written report with
the Commission at the second Commission meeting of each month listing the purchase orders approved by the City Manager or Acting City Manager.
(c) On the purchase of personal property if the city manager shall maintain that an emergency exists in regard to the purchase of any commodity so that the delay incident to giving opportunity
for competitive bidding would be detrimental to the interest of the city, then the city manager shall file a statement certifying the conditions and circumstances. The written statement
shall be kept with the purchase order. This emergency purchase will be presented to the City Commission at the earliest meeting if it exceeds the threshold for purchases.
(d) Commodities available only from a single source may be excepted from bid requirements. A letter is required from the vendor and the single source purchase will be made from the vendor
at the discretion of the purchasing agent.
(e) On any purchase of personal property where the funds for the price of the entire purchase are being supplied by another governmental agency and no funds of the city are being used
towards the purchase price, the purchasing agent may elect to follow the competitive bidding requirements of the governmental agency which is supplying the funds for the purchase.
(f) The purchasing agent may award a contract by accessing purchasing items from the Federal General Services Administration Contract, the State of Florida State Contracts, SNAPS, RESPECT,
PRIDE
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or other purchasing contracts of any departments or subdivisions of the State of Florida; or (piggy-back( of the government or national alliance bids without the competitive bidding
process required by this article. If budget allocation is approved by Commission, as part of the budget adoption for the fiscal year, all items purchased in relation to paragraph (f)
will not require further Commission action unless a formal contract is involved.
(Ord. No. 90 54, ( 3, 11 20 90; Ord. No. 97 45, ( 2, 9 2 97; Ord. No. 01-66, ( 1, 1-2-02)
Sec. 2 57. Consultants; incorporation of
Florida Statutes, Section 287.055.
There is hereby incorporated by reference and made a part hereof the (Consultants( Competitive Negotiation Act,( being F.S. ( 287.055 as amended from time to time.
(Ord. No. 90 54, ( 3, 11 20 90)
Sec. 2 58. Intent; jurisdiction.
It is hereby declared to be the legislative intent of the City Commission that the city and all of its constituent commissions, boards, authorities and the like, with purchasing or procurement
authority, comply to the fullest extent with the spirit and mandates of the Consultants( Competitive Negotiation Act, F.S. ( 287.055 and the provisions hereof.
The city administration shall have jurisdiction to perform the functions set forth for the city and all its constituent commissions, boards, authorities and the like whether they were
established or brought into existence by ordinance, resolution, or motion of the City Commission.
(Ord. No. 90 54, ( 3, 11 20 90)
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Sec. 2 59. City to adopt rules of procedure.
The city administration is hereby directed to adopt a rule or rules of procedure for the determination of a project under the Consultants( Competitive Negotiation Act and this article.
These procedures may include:
(a) Determination of a project which constitutes a grouping of minor construction, rehabilitation, or renovation activities.
(b) Determination of a project which constitutes a grouping of substantially similar construction, rehabilitation, or renovation activities.
(c) The above rules of procedure and any amendments or deletions therefrom shall be submitted to the City Commission for approval, which approval may be made by motion. (Ord. No. 90 54,
( 3, 11 20 90)
Sec. 2 60. Commissions, boards, etc.,
independent of City Commission to
follow article.
Any City Commissions, boards, authorities and the like which have purchasing authority independent of the City Commission, the purchases of such bodies which are subject to the Consultants(
Competitive Negotiation Act shall be processed in accordance herewith; however, the commission, board, authority, or the like will itself perform the functions set forth herein that
are otherwise applicable to the City Commission.
(Ord. No. 90 54, ( 3, 11 20 90)
Sec. 2-61 Design-build contracts.
There is hereby incorporated by reference and made a part here F.S. ( 287.055(9), pertaining to design-build contracts, as amended from time to time.
(Ord. No. 04-054, ( 2, 8-3-04)
Secs. 2 62(2 71. Reserved.
ARTICLE V. CODE COMPLIANCE BOARD; SPECIAL MAGISTRATE
*Cross reference-Minimum qualifications for appointment and membership on boards, ( 2 16.
Sec. 2 72. Intent.
Declaration of legislative intent. It is the intent of this article to promote, protect and improve the health, safety and welfare of the citizens and residents of the city by authorizing
the creation and use of an administrative board or Special Magistrate with authority to impose penalties to provide an equitable, expeditious, effective and inexpensive method of enforcing
any codes and ordinances in force in the city where a pending or repeated violation continues to exist. Rules and regulations, consistent with the provisions of Florida law, necessary
to carry out the provisions of this article may be adopted by resolution of the City Commission.
(Ord. No. 79 28, ( 1, 9 18 79; Ord. No. 90 13, ( 2, 6 19 90; Ord. No. 13-030, ( 2, 11-5-13)
Sec. 2 73. Definitions.
As used in this article:
Board attorney means the city attorney or designated board attorney of the city.
Code inspector means those authorized agents or employees of the city whose duty it is to insure code compliance.
Enforcement board means a code compliance board.
Repeat violation means a violation of a provision of a code or ordinance by a person who has previously been found through a code enforcement board or any other quasi-judicial process
to have violated or has admitted violating the same provision within five (5) years prior to the violation, notwithstanding the violations occur at different locations.
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Special Magistrate shall mean the city(s Special Magistrates appointed by the City Commission to conduct hearings pursuant to Section 2-82 of this article and F.S. Ch. 162. Except for
board voting requirements, any reference in the city(s Code to (Code Enforcement Board( shall include Special Magistrate(s).
(Ord. No. 79 28, ( 3, 9 18 79; Ord. No. 87 1, ( 1, 2 3 87; Ord. No. 90 13, ( 4, 6 19 90; Ord. No. 97 51, ( 1, 11 18 97; Ord. No. 00 10, ( 2, 4 4 00; Ord. No. 13 030, ( 2, 11-5-13)
Sec. 2 74. Creation, appointment, organization
of board; establishment of
Magistrate.
The City Commission may appoint one (1) or more seven-member code compliance boards, and legal counsel for such boards. The members shall have the following qualifications and terms
of office:
(a) Members of a compliance board shall be residents of the city. Appointments shall be made in accordance with applicable law and ordinances on the basis of experience or interest in
the subject matter [under the] jurisdiction of the code compliance board.
(b) In order that terms of office of all members will not expire at the same time, the initial appointments to an enforcement board shall be as follows:
Two (2) members shall be appointed for a term of one (1) year.
Two (2) members shall be appointed for a term of two (2) years.
Two (2) members shall be appointed for a term of three (3) years.
The seventh regular member of the board appointed when the number of board members was raised from six (6) shall at the time of his appointment serve for a period of three (3) years.
Thereafter, all appointments and terms shall be for a term of three (3) years. Any member may be reappointed from term to term upon approval of the City Commission.
Appointments to fill any vacancy on an enforcement board shall be for the remainder of the unexpired term of office. If any member falls to attend two (2) of three (3) successive meetings
without cause and without prior approval of the chairman, the compliance board shall declare the members( office vacant, and the City Commission shall promptly fill such
vacancy. The members shall serve at the pleasure of the City Commission and may be removed as provided in the city Code of Ordinances for removal of members of the planning and zoning
board.
(c) The members of a compliance board shall elect a chairman. The presence of four (4) or more members shall constitute a quorum of the enforcement board. Members shall serve without
compensation, but may be reimbursed for such travel expenses, mileage expenses, and per diem expenses as may be authorized by the City Commission.
(d) The City Commission hereby appoints the city attorney or his designee as legal counsel for the code compliance board.
(e) The City Commission may appoint one (1) or more Special Magistrates with the following conditions: the Special Magistrate shall be appointed by the City Commission and shall serve
with compensation as established by the City Commission by resolution. A Special Magistrate shall not be a city employee.
(f) The Special Magistrate must be both an attorney and a member in good standing with the Florida Bar for a minimum of five (5) years.
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(g) The Special Magistrate shall have some experience in zoning and land use law, building control, code enforcement, and/or administrative law.
(h) The Special Magistrate will be bound by the code of ethics of the Florida Bar as currently proscribed or as amended from time to time.
(i) A Special Magistrate shall not be authorized to hire or use the services of any person except those provided by the city to assist him or her in the performance of his or her duties.
(Ord. No. 79 28, ( 4, 9 18 79; Ord. No. 79 35, ( 1, 11 21 79; Ord. No. 80 38, ( 2, 9 2 80; Ord. No. 82 19, ( 1, 8 3 82; Ord. No. 87 1, ( 2, 2 3 87; Ord. No. 87 14, ( 1, 6 16 87; Ord.
No. 87 19, ( 1, 7 21 87; Ord. No. 90 13, (( 5 7, 6 19 90; Ord. No. 97 51, ( 1, 11 18 97; Ord. No. 13-030, ( 2, 11-5-13)
Sec. 2 75. Jurisdiction of boards and
Magistrates.
(a) The code compliance boards shall enforce and have jurisdiction of the following codes:
Part II, Code of Ordinances fire codes, Chapter 9, licenses, Chapter 13 as well as Part III, Land Development Regulations planning and development generally, Chapter 1.5; zoning Chapter
2; planned unit developments, Chapter 2.5; community design plan, Chapter 9; building, housing and construction, Chapter 20; signs, Chapter 21; parking lots, Chapter 23; and related
technical codes in force in the city.
(b) The Special Magistrates shall enforce and have jurisdiction over any and all codes
within the city(s Code of Ordinances, as provided by Florida law.
(Ord. No. 79 28, ( 2, 9 18 79; Ord. No. 87 1, ( 3, 2 3 87; Ord. No. 88 39, ( 1, 9 7 88; Ord. No. 88 57, ( 1, 12 6 88; Ord. No. 96 43, ( 1, 10 2 96; Ord. No. 97 51, ( 1, 11 18 97; Ord.
No. 13-030, ( 2, 11-5-13)
Cross references-Prosecution before code compliance board for failure to place street numbers on buildings, ( 15 16(e); acting as nuisance abatement board, ( 10 56.
Sec. 2 76. Enforcement procedure.
(a) It shall be the duty of the code inspector to initiate enforcement proceedings of the various codes; however, no member of the board and no Magistrate shall have the power to initiate
enforcement proceedings.
(b) If a violation of the codes is found, the code inspector shall notify the violator, unless subsection (c) of this section applies, and give said violator a reasonable time to correct
the violation. Should the violation continue beyond the time specified for correction, the code inspector shall notify an enforcement board or Special Magistrate and request a hearing.
The code compliance board or Special Magistrate, through its clerical staff, shall schedule a hearing, and written notice of such hearing shall be hand delivered or mailed as provided
in section 2 81 to the violator. At the option of the code compliance board or Special Magistrate, notice may additionally be served by publication or posting as provided in section
2 81. If the violation is corrected and then recurs or if the violation is not corrected by the time specified for correction by the code inspector, the case may be presented to the
enforcement board or Special Magistrate even if the violation has been corrected prior to the hearing and the notice shall so state.
(c) If the code inspector has reason to believe a violation or the condition causing the violation presents a serious threat to the public health, safety and welfare, or if the violation
is irreparable or irreversible in nature, the code inspector shall make a reasonable effort to notify the violator and may immediately notify the enforcement board or Special Magistrate
and request a hearing.
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(d) If a repeat violation is found, the code inspector shall notify the violator, but it is not required that he give the violator a reasonable time to correct the violation. The code
inspector, after notifying the violator of a repeat violation, shall notify the code enforcement board or Special Magistrate and request a hearing. The code compliance board or Special
Magistrate, through its clerical staff, shall schedule a hearing and shall provide notice pursuant to section 2 81. The case may be presented to the code compliance board or Special
Magistrate even if the repeat violation has been corrected prior to the board hearing, and the notice shall so state.
(e) If the owner of property which is subject to an enforcement proceeding before an enforcement board, special Magistrate, or court transfers ownership of such property between the
time and initial pleading was served and the time of the hearing, such owner shall:
1. Disclose, in writing, the existence and the nature of the proceeding to the prospective transferee.
2. Deliver to the prospective transferee a copy of the pleadings, notices, and other materials relating to the code enforcement proceeding received by the transferor.
3. Disclose, in writing, to the prospective transferee that a new owner will be responsible for compliance with the applicable code and with orders issued in the code enforcement proceeding.
4. File a notice with the code enforcement official of the transfer of the property, with the identity and address of the new owner and copies of the disclosures made to the new owner,
within 5 days after the date of the transfer.
A failure to make the disclosures described in paragraphs 1, 2, and 3 before the transfer creates a rebuttable presumption of fraud. If the property is transferred before the hearing,
the proceeding shall not be dismissed, but the new owner shall be provided
a reasonable period of time to correct the violation before the hearing is held.
(Ord. No. 79 82, ( 5, 9 18 79; Ord. No. 87 1, ( 4, 2 3 87; Ord. No. 87 36, ( 1, 10 20 87; Ord. No. 90 13, (( 8, 9, 6 19 90; Ord. No. 94 57, ( 1, 1 3 95; Ord. No. 97 51, ( 1, 11 18 97;
Ord. No. 00 10, ( 3, 4 4 00; Ord. No. 13-030, ( 2, 11-5-13)
Sec. 2 77. Conduct of hearing.
(a) Upon request of the code inspector or other designated city employee, or at such other times as may be necessary. A hearing may be convened by one of the following methods:
1. The chairman of an enforcement board may call a hearing of an enforcement board; a hearing may also be called by written notice signed by at least three (3) members of an enforcement
board. Minutes shall be kept of all hearings by each enforcement board and all hearings shall be open to the public. The city clerk shall provide clerical and administrative personnel
as may be reasonably required by each enforcement board for the proper performance of its duties.
2. The Special Magistrate(s) may call a hearing. Minutes shall be kept of all hearings by each Magistrate and all hearings shall be open to the public. The City Clerk shall provide
clerical and administrative personnel as may be reasonably required by each Magistrate for the proper performance of the Magistrate(s duties.
(b) Each case before an enforcement board or Special Magistrate shall be presented by a member of the building department or Code compliance administrative staff. If the local governing
body prevails in prosecuting a case before the enforcement board or Special Magistrate, it shall be entitled to recover all costs incurred prosecuting the case before the board or Special
Magistrate.
(c) An enforcement board or Special Magistrate shall proceed to hear the cases on the agenda for that day. All testimony shall be under oath and shall be
recorded. The enforcement board or Special Magistrate shall take testimony from the code inspector and alleged violator. Formal rules of
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evidence shall not apply; however, fundamental due process shall be observed and govern said proceedings.
(d) At the hearing the burden of proof shall be upon the administrative official to show by preponderance of the evidence that a violation does exist. Assuming proper notice of the hearing
has been provided to the respondent, a hearing may proceed in the absence of the respondent.
(e) At the conclusion of the hearing the enforcement board or Special Magistrate shall issue findings of fact, based on evidence of record, and conclusions of law and shall issue an
order affording the proper relief consistent with powers granted herein. If the matter is heard by an enforcement board, the findings shall be by motion approved by a majority of those
present and voting, except that at least four (4) members of the enforcement board must vote for the action to be official. For all hearings, the order may include a notice that it must
be complied with by a specific date, and that a fine may be imposed and, under the conditions specified in section 2 79, the cost of repairs may be included along with the fine, if the
order is not complied with by said date; a certified copy of the order may be recorded in the public records of the county and shall constitute notice to any subsequent purchasers, successors
in interest, or assigns if the violation concerns real property, and the findings therein shall be binding upon the violator, if the violation concerns real property, any subsequent
purchasers, successors in interest or assigns. If an order is recorded in the public records pursuant to this subsection and the order is complied with by the date specified in the order,
the enforcement board or Special Magistrate shall issue an order acknowledging compliance that shall be recorded in the public records. A hearing is not required to issue such an order
acknowledging compliance.
(Ord. No. 79 28, ( 6, 9 18 79; Ord. No. 79 35, ( 1, 11 21 79; Ord. No. 82 19, ( 2, 8 3 82; Ord. No. 87.1, ( 5, 2 3 87; Ord. No. 90 13, (( 10, 11, 6 19 90; Ord. No. 94 57, ( 2, 1 3 95;
Ord. No. 13 030, ( 2, 11-5-13)
Sec. 2 78. Powers of boards and Special
Magistrates.
Each enforcement board or Special Magistrate shall have the power to:
(a) Adopt rules for the conduct of its hearings.
(b) Subpoena alleged violators and witnesses to its hearings. Subpoenas may be served by the city(s police department or by the sheriff of the county.
(c) Subpoena evidence to its hearings.
(d) Take testimony under oath.
(e) Issue orders having the force of law commanding whatever steps are necessary to bring a violation into compliance.
(Ord. No. 79 28, ( 7, 9 18 79; Ord. No. 81 71, ( 6, 2 3 87; Ord. No. 90 13, ( 12, 6 19 90; Ord. No. 13 030, ( 2, 11-5-13)
Sec. 2 79. Administrative fine; liens.
(a) The enforcement board or Special Magistrate, upon notification by the code inspector, that an order of the enforcement board or Special Magistrate has not been complied with by the
specified time, or, upon finding that a repeat violation has been committed, may order the violator to pay a fine not to exceed one thousand dollars ($1000.00) per day for a first violation
and not to exceed five thousand dollars ($5000.00) per day for a repeat violation and up to fifteen thousand dollars ($15000) per violation if the code enforcement board finds the violation
to be irreparable or irreversible in nature for each day the violation continues past the date set by the enforcement board or Special Magistrate for compliance or, in the case of a
repeat violation for each day the repeat violation continues beginning with the date the repeat violation is found to have occurred by the code inspector. In addition, if the violation
is a violation described in section 2 76(c), the enforcement board or Special Magistrate may render an order
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which includes authority for the City to make all reasonable repairs which are required to bring the property into compliance and charge the violator with the reasonable cost of the
repairs along with the fine imposed pursuant to this section. The City Manager or his designee shall have authority to initiate repairs to bring the property into compliance. When City
action is taken the property owner shall be issued an invoice for the reasonable cost of repairs. Making such repairs does not create a continuing obligation on the part of the city
to make further repairs or to maintain the property and does not create any liability against the local governing body for any damages to the property if such repairs were completed
in good faith.
(b) In determining the amount of the fine, if any, the enforcement board or Special Magistrate shall consider the following factors:
(1) The gravity of the violation;
(2) Any actions taken by the violator to correct the violation; and
(3) Any previous violations committed by the violator.
(c) A certified copy of an order imposing a fine, or a fine plus repair costs, may be recorded in the public records and thereafter shall constitute a lien against the land on which
the violation exists and upon any other real or personal property owned by the violator. Upon petition to the circuit court, such order shall be enforceable in the same manner as a court
judgment by the sheriffs of this state, including execution and levy against the personal property of the violator, but such order shall not be deemed to be a court judgment except for
enforcement purposes. A fine imposed pursuant to this part shall continue to accrue until the violator comes into compliance or until judgment is rendered in a suit to foreclose on a
lien filed pursuant to this section, whichever occurs first. After three (3) months from the filing of any such lien which remains unpaid, the enforcement board or Special Magistrate
may authorize the city attorney to foreclose on the lien. No lien created pursuant to the provisions of this part may be
enforced on real property which is a homestead under Section 4, Article X of the State Constitution.
(Ord. No. 79 82, ( 8, 9 18 79; Ord. No. 82 19, ( 3, 8 3 82; Ord. No. 87 1, ( 7, 2 3 87; Ord. No. 87 36, ( 2, 10 20 87; Ord. No. 90 13, (( 13, 14, 6 19 90; Ord. No. 94 57, ( 3, 1 3 95;
Ord. No. 00 10, ( 4, 4 4 00; Ord. No. 08-010, ( 2, 5-20-08; Ord. No. 13 030, ( 2, 11-5-13)
Sec. 2 79.5. Duration of lien.
No lien provided under this article shall continue for a period longer than twenty (20) years after the certified copy of an order imposing a fine has been recorded, unless within that
time an action to foreclose on the lien is commenced in a court of competent jurisdiction. In an action to foreclose on a lien, the prevailing party is entitled to recover all costs,
including a reasonable attorneys fee, that are incurred in the foreclosure. The city shall be entitled to collect all costs incurred in recording and satisfying a valid lien. The continuation
of the lien effected by the commencement of the action shall not be good against creditors, or subsequent purchasers for valuable consideration without notice, unless a notice of lis
pendens is recorded.
(Ord. No. 82 19, ( 4, 8 3 82; Ord. No. 87 1, ( 8, 2 3 87; Ord. No. 90 13, ( 15, 6 19 90; Ord. No. 94 57, ( 4, 1 3 95)
Sec. 2 80. Appeal.
An aggrieved party, including the City Commission, may appeal a final administrative order of an enforcement board or Special Magistrate to the circuit court of Palm Beach County. Such
an appeal shall not be a hearing de novo, but shall be limited to appellate review of the record created before the enforcement board or Special Magistrate. An appeal shall be filed
within thirty (30) days of the execution of the order to be appealed.
(Ord. No. 79 28, ( 9, 9 18 79; Ord. No. 82 19, ( 5, 8 3 82; Ord. No. 81 7, ( 9, 2 3 87; Ord. No. 90 13, ( 15, 6 19 90; Ord. No. 13-030, ( 2, 11-5-13)
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Sec. 2 81. Service of notices.
(a) All notices required by this act shall be provided to the alleged violator by:
(1) Certified mail, return receipt requested, provided if such notice is sent under this paragraph to the owner of the property in question at the address listed in the tax collector(s
office for tax notices, and at any other address provided to the city by such owner and is returned as unclaimed or refused, notice may be provided by posting as described in subparagraphs
(b)(1) and (2), and by first class mail directed to the addresses furnished to the city with a properly executed proof of mailing or affidavit confirming the first class mailing;
(2) Hand delivery by the sheriff or other law enforcement officer, code inspector, or other person designated by the city;
(3) Leaving the notice at the violator(s usual place of residence with any person residing therein who is above 15 years of age and informing such person of the contents of the notice;
or
(4) In the case of commercial premises, leaving the notice with the manager or other person in charge.
(b) In addition to providing notice as set forth in subsection (a), at the option of the code compliance board or Special Magistrate, notice may also be served by publication or posting,
as follows:
(1) a. Such notice shall be published once during each week for four (4) consecutive weeks (four (4) publications being sufficient) in a newspaper of general circulation in the county
where the code compliance board or Special Magistrate is located. The newspaper shall meet such requirements as are prescribed under Chapter 50, Florida Statutes, for legal and official
advertisements.
b. Proof of publication shall be made as provided in Sections 50.041 and 50.051, Florida Statutes.
(2) a. In lieu of publication as described in paragraph (b)(1), such notice shall be posted at least ten (10) days prior to the hearing, or prior to the expiration of any deadline contained
in the notice in at least two (2) locations, one of which shall be the property upon which the violation is alleged to exist and the other of which shall be at the City Hall of Boynton
Beach.
b. Proof of posting shall be by affidavit of the person posting the notice, which affidavit shall include a copy of the notice posted and the date and places of its posting.
(3) Notice by publication or posting may run concurrently with, or may follow, an attempt or attempts to provide notice by hand delivery or by mail as required under subsection (a).
Evidence that an attempt has been made to hand deliver or mail notice as provided in subsection (a), together with proof of publication or posting as provided in subsection (b), shall
be sufficient to show that the notice requirements of this chapter have been met, without regard to whether or not the alleged violator actually received such notice.
(Ord. No. 79 28, ( 10, 9 18 79; Ord. No. 87 1, ( 10, 2 3 87; Ord. No. 87 36, ( 3, 10 20 87; Ord. No. 94 57, ( 5, 1 3 95; Ord. No. 97 51, ( 1, 11 18 97; Ord. No. 00 10, ( 5, 4 4 00; Ord.
No. 13-030, ( 2, 11-5-13)
Sec. 2 82. Alternative code enforcement
system.
The city hereby adopts an alternative code enforcement system which shall provide the code compliance board or special Magistrates, hereinafter described and designated by the City Commission,
the authority to hold hearings and assess fines against violators of the codes and ordinances of the city.
(Ord. No. 90 13, ( 3, 6 19 90; Ord. No. 97 51, ( 1, 11 18 97; Ord. No. 13-030, ( 2, 11-5-13)
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Sec. 2 83. Enforcement of the codes and
ordinances; penalties.
(a) As used in this section, code enforcement officer means any designated employee or agent of the City of Boynton Beach whose duty it is to enforce codes and ordinances enacted by
the city.
(b) The city may designate certain of its employees or agents as code enforcement officers. The training and qualifications of the employed or agents for such designation shall be determined
by the city. Employees or agents who may be designated as code enforcement officers may include, but are not limited to code inspectors, law enforcement officers, animal control officers,
or fire safety inspectors designation as a code enforcement officer does not provide the code enforcement officer with the power of arrest or subject the code enforcement officer
to the provisions of Sections 943.085 through 943.255, Florida Statutes, as amended. Nothing in this section amends, alters or contravenes the provisions of any state administered retirement
system or any state supported retirement system established by general law.
(c) (1) A code enforcement officer is authorized to issue a citation to a person when based upon personal investigation, the officer has reasonable cause to believe that the person has
committed a civic infraction in violation of a duly enacted code or ordinance and the county court will hear the charge.
(2) Prior to issuing a citation, a code enforcement officer shall provide notice to the person that the person has committed a violation of the code or ordinance and shall establish
a reasonable time period within which the person must correct the violation. Such time period shall be no more than thirty (30) days. If, upon personal investigation, a code enforcement
officer finds that the person has not
corrected the violation within the time period, a code enforcement officer may issue a citation to the person who has committed the violation. A code enforcement officer does not have
to provide the person with a reasonable time period to correct the violation prior to issuing a citation and may immediately issue a citation if a repeat violation is found or if the
code enforcement officer has reason to believe that the violation presents a serious threat to the public health, safety, or welfare, or if the violation is irreparable or irreversible,
or if the violator is engaged in violations of an itinerant or transient nature, as defined by local code or ordinance within the jurisdiction.
(3) A citation issued by a code enforcement officer shall be in a form prescribed by the city and shall contain:
a. The date and time of issuance.
b. The name and address of the person to whom the citation is issued.
c. The date and time the civil infraction was committed.
d. The facts constituting reasonable cause.
e. The number or section of the code or ordinance violated.
f. The name and authority of the code enforcement officer.
g. The procedure for the person to follow in order to pay the civil penalty or to contest the citation.
h. The applicable civil penalty if the person elects to contest the citation.
i. The applicable civil penalty if the person elects not to contest the citation.
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j. A conspicuous statement that if the person fails to pay the civil penalty within the time allowed, or fails to appear in court to contest the citation, he shall be deemed to have
waived his right to contest the citation and that, in such case, judgement may be entered against the person for an amount up to the maximum civil penalty.
(d) After issuing a citation to an alleged violator, a code enforcement officer shall deposit the original citation and one copy of the citation with the Palm Beach County Court.
(e) The city is authorized to enforce its codes and ordinances under the provisions of this section and by the enactment of Ordinance No. 90 13, the city shall by separate ordinance
set forth procedures for the implementation of such provisions, including a schedule of violations and penalties to be assessed by code enforcement officers. If the city chooses to
enforce this section, each code or ordinance enacted by the city establishing procedures for implementation of this section shall provide:
(1) That a violation of a code or an ordinance is a civil infraction.
(2) A maximum civil penalty not to exceed five hundred dollars ($500.00).
(3) A civil penalty of less than the maximum civil penalty if the person who has committed the civil infraction does not contest the citation.
(4) For the issuance of a citation by a code enforcement officer who has reasonable cause to believe that a person has committed an act in violation of a code or ordinance.
(5) For the contesting of a citation in county court.
(6) Such procedures and provisions as are necessary to provide for the enforcement of a code or ordinance under the provisions of this section.
(f) Any person who willfully refuses to sign and accept a citation issued by a code enforcement officer shall be guilty of a misdemeanor of the second degree, punishable as provided
in Section 775.082 or Section 775.083, Florida Statutes.
(g) The provisions of this section shall not apply to the enforcement pursuant to Florida Statutes, Sections, 553.79 and 553.80 or building codes adopted pursuant to Section 553.73 as
they apply to construction provided that a building permit is either not required or has been issued by the city. For the purposes of this subsection, (building codes( means only those
codes adopted pursuant to Section 553.73, Florida Statutes.
(h) The provisions of this section are additional and supplemental means of enforcing the city(s codes and ordinances and may be used for the enforcement of any code or ordinance,
or for the enforcement of all codes and ordinances. Nothing contained in this section shall prohibit the city from enforcing its codes or ordinances by any other means.
(Ord. No. 90 13, ( 15, 6 19 90; Ord. No. 94 57, ( 6, 1 3 95; Ord. No. 00 10, ( 6, 4 4 00)
Sec. 2 84. Lien reduction procedure.
The lien reduction procedure is applicable to a lien, which is in effect subsequent to the issuance of an affidavit of noncompliance, pursuant to section 2 79.
(Ord. No. 90 13, ( 15, 6 19 90; Ord. No. 04-042, ( 1, 7-6-04)
Sec. 2 85. Criteria for lien reduction.
The following criteria must be complied with prior to a lien reduction hearing before the Code Compliance Board or Special Magistrate:
2014 S-43
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(1) The property in question must be in total code compliance and an affidavit of compliance must be issued for the code compliance case that is being appealed.
(2) The subject property must be free of all outstanding debts (including taxes) due the city.
(3) An application fee of two hundred dollars ($200.00) must be included for the application to be processed.
(Ord. No. 90 13, ( 15, 6 19 90; Ord. No. 97 51, ( 1, 11 18 97; Ord. No. 04-042, ( 1, 7-6-04; Ord. No. 13-030, ( 2, 11-5-13)
Sec. 2 86. Application for lien reduction.
The Code Compliance Administrator or his designee shall provide the application for a lien reduction hearing. The application will be included with the affidavit of compliance issued
by the Code
Compliance Division. A complete application must accompany each lien reduction request that is to be heard before the Board or Special Magistrate.
(Ord. No. 90 13, ( 15, 6 19 90; Ord. No. 04-042, ( 1, 7-6-04; Ord. No. 13-030, ( 2, 11-5-13)
Sec. 2 87. Application fee for lien reduction.
A fee of two hundred dollars ($200.00) shall accompany the initial reduction application with a fee of fifty dollars ($50.00) for each additional lien recorded against the property.
If all criteria for lien reduction are not met under section 2 85, the applicant shall be reimbursed one-half the amount of the application fee. If after it has been determined that
the criteria under section 2 85 have not been complied with and the application returned to the applicant, a new application and fee must be submitted for a lien reduction hearing.
(Ord. No. 90 13, ( 15, 6 19 90; Ord. No. 04-042, ( 1, 7-6-04)
Sec. 2 88. Lien reduction procedure.
A party requesting a lien reduction must submit a complete lien reduction application to the Code Compliance Division of the Police Department upon receiving verification that all conditions
are complied with as stated in section 2-85. The Code Compliance Administrator or designee will process the application and determine that all required criteria have been complied with
under city ordinance, section 2 85. If the applicant does not qualify for a hearing under section 2 85, the party will be notified in writing of the reasons and refunded one-half of
the application fees. If the reduction application is complete, the case will be placed on the next available Code Compliance Board or Special Magistrate Lien Reduction Agenda. The
appealing party will be notified in writing of the scheduled date of the hearing at least five (5) days prior to the hearing date. If the matter is heard by a board, a quorum must be
present for the Board to hear a lien reduction and a majority of the entire Board must vote in the affirmative for a lien to be reduced or waived. The Code Compliance Administrator shall
submit the Board or Special Magistrate(s Lien Reduction Order to the city clerk, legal department and the city manager. The Code Compliance Administrator or his/her designee shall notify
the applicant in writing of the Lien Modification Order within seven (7) days following the entry of the order and of the date of the next City Commission meeting when the Commission
shall hear the Board or Special Magistrate(s recommendation if required.
(Ord. No. 90 13, ( 15, 6 19 90; Ord. No. 97 51, ( 1, 11 18 97; Ord. No. 04-042, ( 1, 7-6-04; Ord. No. 13-030, ( 2, 11-5-13)
Sec. 2 89. Conduct of hearing for lien
modification.
The Code Compliance Board or Special Magistrate at a lien modification hearing shall make one of the following determinations: The lien shall be waived in full, reduced to a specified
amount or shall be upheld in full. The Board or Special Magistrate shall hear all the facts regarding the specific code or codes the appealing party was in violation of, the date of
the original hearing, the date the affidavit of noncompliance was issued, the date the affidavit of
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compliance was issued, the current lien amount and all pertinent information relating to the specific case, prior to making a determination and order. The lien modification hearing shall
not be a hearing de novo of the original case.
(Ord. No. 90 13, ( 15, 6 19 90; Ord. No. 97 51, ( 1, 11 18 97; Ord. No. 04-042, ( 1, 7-6-04; Ord. No. 13-030, ( 2, 11-5-13)
Sec. 2 90. Final orders issued in lien
modification hearings.
Final orders shall be issued in lien modification hearings in accordance with the following procedure:
(1) The Code Compliance Board or Special Magistrate shall issue its order in lien modification hearings in writing in a form approved by the City Attorney. Immediately following rendition
of lien modification order, the City Clerk shall furnish a copy of the order along with minutes of the hearing to the City Commission.
(2) Lien modification order issued by the Code Compliance Board or Special Magistrate shall be final unless an aggrieved party takes exception to the final order within seven (7) days
of rendition of the order or a City Commissioner takes exception to the final order within seven (7) says of rendition of the order.
(3) The Commission or an aggrieved party may request a review of an order by notifying the City Manager or his/her designee of the intent to do so. If review of an order is requested,
the City Commission shall review the order within thirty (30) days of the request for review. On review, the City Commission may hear the position of the property owner, a Code Compliance
Board representative, or may rely upon the minutes of the proceeding regarding the propriety of the lien modification.
(4) The City Commission shall make one of the following rulings:
a. Affirm the final order in full.
b. Modify the final order.
(5) The Commission shall direct the administration to take action consistent with the acceptance, rejection, or modification of the order.
(6) The property owner shall be advised that in the event the property owner does not comply with the Code Compliance Board or Special Magistrate order, as approved or modified by the
City Commission, within ninety (90) days of the Commission's action, then the Lien Reduction Order shall be of no further force or effect, and the original lien shall remain on the property.
No extensions of the ninety-(90) day period shall be permitted, and no further action by the Code Compliance Board, the Special Magistrate, or the City Commission shall be permitted
regarding lien reduction.
(Ord. No. 90 13, ( 15, 6 19 90; Ord. No. 97 51, ( 1, 11 18 97; Ord. No. 01-07, ( 2, 1-16-01; Ord. No. 04-042, ( 1, 7-6-04; Ord. No. 13-030, ( 2, 11-5-13)
Sec. 2 91. Violations and penalties.
(a) The following table of violations and penalties shall be assessed by code enforcement officers and shall be followed by the county court system as a special Magistrate pursuant to
section 2 82 of this Code, in its review and adjudication of matters in accordance with this Article. The schedule of penalties set forth below is not intended to be all inclusive.
The penalty for violation of other codes or ordinances of the city heretofore or hereafter created and not enumerated herein shall be enforced in the manner provided for therein.
Editor(s note-The Schedule of Civil Penalties begins on the following page.
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36 Boynton Beach Code
SCHEDULE OF CIVIL PENALTIES
UNIFORM FINE SCHEDULE Fine
Class I $ 50.00
Class II $ 75.00
Class III $125.00
Class IV $250.00
Violation
Fine Class/
First Offense
Fine Class/
Second Offense
Hedges exceeding maximum height
I
II
Parking or storing motor vehicle(s) greater than one (1) ton chassis configuration for longer than 15 minutes in a residential area.
I
II
Animals and Fowl: Barking dogs creating a nuisance
III
IV
Animals and Fowl: Livestock, poultry, exotic or wild animals running at large under 4 19
III
IV
Animals and Fowl: Maintaining a place for fighting under Sec. 4 8
III
IV
Animals and Fowl: Poisoning animals under 4 3
III
IV
Animals and Fowl: Vicious animals in the city under 4 15
III
IV
Animals and Fowl: Violations of Sec. 4 4 as to the keeping and treatment of animals
III
IV
Business Tax Receipt: Conducting a business, profession or occupation without a business tax receipt
III
IV
Exterior storage or display in commercial and/or industrial zoning districts, not permitted per city code
III
IV
Fire Code, Chapter 9
IV
IV
Landscaping not maintained as required per code
III
IV
Major repairs of boats and motor vehicles in a residential area
III
IV
Mobile Homes: Occupancy or storage of a mobile home or motor home, other than in a mobile home park
III
IV
Noise: Violation of the City of Boynton Beach Noise Control Ordinance, sections 15 8 through 15 8.8
III
IV
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SCHEDULE OF CIVIL PENALTIES (Cont(d)
Violation
Fine Class/
First Offense
Fine Class/
Second Offense
Parking or storing junk vehicles
III
IV
Performance Standards: Nuisance or hazard due to noise, vibration, smoke, dust, odors, etc.
III
IV
Residential Zoning: Using a single-family residence as a rooming house or multi-family dwelling
III
IV
Signs: Violation of Part III, L.D.R., Ch. 21, Boynton Beach Sign Ord.
III
IV
Site Plan not maintained as originally approved
III
IV
Storage: Open air storage of illegal items in a residential area, including trash and debris, construction materials not being actively used for construction, abandoned or derelict objects
or equipment, including but not limited to automobiles, trucks, buses, motorcycles, bicycles, furniture, major and minor appliances, trailers, cans or containers
III
IV
Trash: Storage of junk, trash debris, or litter
III
IV
Discharging deleterious wastes to a drainage system
IV
IV
Excavation and/or fill operation without valid permit or approval
IV
IV
Hazardous/unsanitary/unsafe conditions of buildings or structures; as well as electrical, gas, mechanical and plumbing systems
IV
IV
Maintaining unsanitary conditions
IV
IV
Open, unsafe, and abandoned buildings
IV
IV
Operating an illegal designated use
IV
IV
Swimming pool not completely enclosed by fence or screen
IV
IV
Temporary Sales without City approval
IV
IV
Vendors: Unlicensed roadside vending
IV
IV
Motor vehicle/boat repair, replacement parts; addition of oil or lubricants
IV
IV
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(b) The provisions contained herein are supple-mental. Nothing contained in this section shall prohibit the city from enforcing its codes and ordinances by any other means.
(c) Unless otherwise specifically stated in this Code, violations of the City of Boynton Beach Code of Ordinances shall be subject to a Class II fine, plus any costs assessed by Palm
Beach County for processing citations.
(d) The County shall accept this fee schedule for uncontested violations, which may be paid by mail and may charge the violator a reasonable fee for costs incurred in processing each
citation.
(Ord. No. 96 67, ( 1, 1 7 97; Or. No. 97 48, ( 2, 10 7 97; Ord. No. 99 02, ( 1, 1 19 99; Ord. No. 04 041, ( 3, 6-15-04; Ord. No. 06-096, ( 2, 1-2-07; Ord. No. 13-030, ( 2, 11-5-13)
Sec. 2 92. Consolidation of Nuisance Abatement Board; survival of actions.
All powers, duties, and responsibilities of the Nuisance Abatement Board shall survive and be deemed merged and consolidated with the powers, duties, and responsibilities of the Code
Compliance Board and Special Magistrates. All previous actions of the Nuisance Abatement Board shall survive this consolidation unless specifically revoked by the Code Compliance Board
or Special Magistrate.
(Ord. No. 04-009, ( 2, 3-16-04; Ord. No. 13-030, ( 2, 11-5-13)
Secs. 2 93(2 100. Reserved.
ARTICLE VI. RESERVED*
*Editor(s note-Part II, Chapter 2, Article VI, (Community Relations Board( as established by Ord. No. 90-79 was repealed by Ord. No. 13-036, ( 2, passed 12-17-13.
Secs. 2-101(2 115. Reserved.
ARTICLE VII. EDUCATION AND YOUTH
ADVISORY BOARD*
*Editor(s note-Ord. No. 91 18, (( 2(8, adopted May 7, 1991, enacted provisions pertaining to a children and youth advisory board. Such ordinance did not specify manner of codification;
hence, inclusion as Art. VII, (( 2 116(2 122, has been at the editor(s discretion.
Sec. 2 116. Created.
The City Commission, in accordance with the powers vested in it, hereby merges the Children and Youth Advisory Boards and the Education Advisory Board and establishes the Education and
Youth Advisory Board. (Ord. No. 91 18, ( 2, 5 7 91; Ord. No. 07-001, ( 2, 1 16-07)
Sec. 2 117. Duties.
The Education and Youth Advisory Board shall act as a fact-finding and advisory board on the following issues and on such other issues as are, from time to time, designated by the City
Commission by resolution:
(1) Development of programs that promote ongoing relationships with caring adults.
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(2) Formulation of long and short range programming to benefit the children and youth of the community by involving parents, the business community, civic and neighborhood organizations,
including volunteer recruiting for before and after local school programs.
(3) Development of incentives and enhancements encourage the development of safe places, including improved playgrounds at or near local schools and structured activities during non-school
hours.
(4) Identification and dissemination of information on local, county, state and federal programs that provide beneficial services to children and their families.
(5) Developing strategies for communicating with the School Board of Palm Beach County and its staff, advising the City Commission as to the activities of the Board, and other federal,
state and local legislative bodies which affect the needs of students, within the city.
(6) Development of child and youth advocacy programs.
(7) Contacting community groups and businesses within the geographical boundaries of Boynton Beach for professional skills, materials, financial or education support for the schools
and with the purpose of implementing programs at local schools that benefit students from Pre-K through grades 12 and vocational schools.
(8) Developing recommendations to the City Commission for forwarding to the School Board of Palm Beach County regarding actions which may be taken in support of schools in Boynton Beach
with respect to proposed legislation at the state level.
(9) Coordinating with the local police department to improve safety for students before, during and after school and developing public relations that highlight successful programs.
(Ord. No. 91 18, ( 3, 5 7 91; Ord. No. 99 33, ( 1, 11 16 99; Ord. No. 06-050, ( 3, 6-20-06)
Sec. 2 118. Recommendations of board.
The board shall periodically advise the City Commission of its findings with respect to the foregoing issues and shall make recommendations to the City Commission on any matter referred
to it within thirty (30) days or within such time as prescribed by the City Commission by specific resolution.
(Ord. No. 91 18, ( 4, 5 7 91)
Sec. 2 119. Organization.
(a) The children and youth advisory board shall comprise seven (7) permanent members, two (2) alternate members and three (3) student members, two (2) to be regular voting members and
one (1) alternate, all to be appointed by the City Commission. Of the members so appointed, three (3) shall be for a term of three (3) years, two (2) shall be for a term of two (2) years,
and two (2) shall be for a term of one (1) year. Their successors shall be appointed for a
term of two (2) years. Alternate members, as well as the three (3) student members, shall be appointed for a period of one (1) year.
(b) When a member has missed three (3) regular monthly meetings for any reason within one (1) annual board term, that member will be notified that one (1) additional absence will cause
his/her board membership to be terminated and a replacement will be appointed at the time of the next absence.
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(c) Any member of the board may be removed for cause in accordance with state law. The City Commission shall promptly fill any vacancy.
(d) At the organizational meeting of the board a chairperson and vice-chairperson shall be selected by majority vote of the board. The chairperson and vice-chairperson shall be selected
annually at the May meeting of the board.
(Ord. No. 91 18, ( 5, 5 7 91; Ord. No. 93 30, ( 1, 9 7 93; Ord. No. 09-014, ( 2, 2-2-09)
Sec. 2 120. Meetings.
The board shall meet regularly once a month or more frequently if necessary, for the transaction of business. Its meetings shall be open to the public. The board may establish its own
meeting rules and procedures for the conduct of its business. Four (4) members shall constitute a quorum.
(Ord. No. 91 18, ( 6, 5 7 91)
Sec. 2 121. Qualification.
Members of the advisory board on children and youth shall be residents of the city, with the exception of one alternate non-voting member of the student membership, who may reside
outside the city limits.
(Ord. No. 91 18, ( 7, 5 7 91; Ord. 96 42, ( 1, 10 2 96)
Sec. 2 122. Powers.
Nothing in this article shall be construed as restricting or curtailing any of the powers of the City Commission, or as a delegation to the board of any of
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the authority or discretionary powers vested and imposed by law in the City Commission. The City Commission declares that public interest, convenience and welfare required the appointment
of the board to act in a purely advisory capacity to the City Commission for the purposes set forth in this article. Any powers delegated here to the board to adopt rules and regulations
shall not be construed as a delegation of legislative authority, but purely of administrative authority.
(Ord. No. 91 18, ( 8, 5 7 91)
Sec. 2 123. Consolidation of Children and Youth Advisory Board and Education Advisory Board; survival of actions.
All powers, duties, and responsibilities of the Education Advisory Board shall survive and be deemed merged and consolidated with the powers, duties and responsibilities of the Children
and Youth Advisory Board. All previous actions of the Education Advisory Board shall survive this consolidation unless specifically revoked by the Children and Youth Advisory Board.
The consolidated board shall be known as the Education and Youth Advisory Board. All current members of the Children and Youth Advisory Board are appointed to the Education and Youth
Advisory Board as voting members for the balance of their terms of appointment.
(Ord. No. 06-050, ( 2, 6-20-06)
Secs. 2-124(2 125. Reserved.
ARTICLE VIII. EDUCATION ADVISORY
BOARD*
*Editor(s note-Ord. No. 91 24, (( 2(8, adopted May 21, 1991, created the education advisory board. Such provisions, being nonamendatory of the Code, have been designated by the editor
as Art. VIII, (( 2 126(2 132.
Sec. 2 126. Creation.
The City Commission, in accordance with the powers vested in it, hereby creates and establishes an education advisory board. (Ord. No. 91 24, ( 2, 5 21 91)
Sec. 2 127. Duties.
The education advisory board shall act as a fact-finding and advisory board on the following issues and on such other issues as are, from time to time, designated by the City
Commission by resolution:
To assist city and local schools in:
(1) Recruiting volunteers to assist students before, during and after school.
(2) Contacting businesses within the geographical borders of Boynton Beach for professional skills, materials, financial or educational support for the schools.
(3) Coordinating with local police department to improve safety for students before, during and after school.
(4) Coordinating with city(s parks and recreation department to improve playgrounds at or near local schools.
(5) Contacting the Greater Boynton Beach Chamber of Commerce, real estate groups, and other community groups for the purpose of implementing programs at local schools that benefit students
from pre-K through grades 12 and vocational schools.
(6) Communicating with the school board of Palm Beach County and its staff, and advising the City Commission as to the activities of the school board, and other federal, state and local
legislative bodies which affect the needs of Boynton Beach students.
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(7) Developing public relations that highlight successful programs within the schools and to help improve their image in conjunction with local media.
(8) Developing recommendations to the City Commission for forwarding to the school board of Palm Beach County regarding actions which may be taken in support of schools in Boynton Beach
and with respect to proposed legislation at the state level.
(Ord. No. 91 24, ( 3, 5 21 91)
Sec. 2 128. Recommendations of board.
The board shall periodically advise the City Commission of its findings with respect to the foregoing issues and shall make recommendations to the City Commission on any matter referred
to it within thirty (30) days or within such time as prescribed by the City Commission by specific resolution.
(Ord. No. 91 24, ( 4, 5 21 91)
Sec. 2 129. Organization.
(a) Any member failing to attend two (2) of three (3) successive meetings without cause and/or without prior approval of the chairperson of the board shall automatically forfeit his
or her appointment.
(b) Any member of the board may be removed for cause in accordance with state law. The City Commission shall promptly fill any vacancy.
(c) At the organizational meeting of the board a chairperson and vice-chairperson shall be selected by majority vote of the board. The chairperson and vice-chairperson shall be selected
annually at the May meeting of the board.
(Ord. No. 91 24, ( 5, 5 21 91; Ord. No. 91 72, ( 1, 10 1 91; Ord. No. 91 74, ( 1, 11 5 91; Ord. No. 94 13, ( 1, 6 7 94; Ord. No. 94 16, ( 1, 6 21 94; Ord. No. 99 22, ( 1, 8 17 99; Ord.
No. 06-050, ( 4, 6-20-06)
Sec. 2 130. Meetings.
The Board shall meet regularly once a month, or more frequently if necessary, for the transaction of business. Its meetings shall be open to the public. The Board may establish its own
meeting rules and procedures for the conduct of its business. Four (4) members shall constitute a quorum.
(Ord. No. 91 24, ( 6, 5 21 91; Ord. No. 99 22, ( 1, 8 17 99; Ord. No. 04-033, ( 1, 5-18-04)
Sec. 2-131. Reserved.
Editor's note - Ord. No. 06-050, adopted June 20, 2006, repealed ( 2-131. Prior to repeal, ( 2-131 set forth qualifications for the Education Advisory Board. Ord. No. 06-050 consolidated
the Children and Youth Advisory Board and the Education Advisory Board.
Sec. 2 132. Powers.
Nothing in this article shall be construed as restricting or curtailing any of the powers of the City Commission, or as a delegation to the board of any of the authority or discretionary
powers vested and imposed by law in the City Commission. The City Commission declares that public interest, convenience and welfare required the appointment of the board to act in a
purely advisory capacity to the City Commission for the purposes set forth in this article. Any powers delegated here to the board to adopt rules and regulations shall not be construed
as a delegation of legislative authority, but purely a delegation of administrative authority.
(Ord. No. 91 24, ( 8, 5 21 91)
Secs. 2 133(2 140. Reserved.
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ARTICLE IX. SENIOR ADVISORY BOARD
Sec. 2 141. Creation.
The City Commission, in accordance with the powers vested in it, hereby creates and establishes a senior advisory board. All references to the elderly advisory board shall hereafter
be construed to mean the senior advisory board.
(Ord. No. 92 13, ( 2, 6 2 92; Ord. No. 94 12, ( 1, 6 7 94)
Sec. 2 142. Duties.
The senior advisory board shall act as a fact-finding and advisory board on the following issues and on such other issues as are, from time to time, designated by the City Commission
by resolution. [The advisory board shall] assist the elderly in:
(1) Setting up a retired senior volunteer program known as RSVP to provide services for the homebound;
(2) Seeking federal and state grants to provide for services;
(3) Monitor and lobby for legislation regarding the elderly;
(4) Make arrangements for the medical mobile unit already in operation in Palm Beach County to bring it to the City of Boynton Beach;
(5) Provide a pamphlet of available programs for seniors;
(6) Provide a speakers bureau, workshops and educational meetings on topics of interest for seniors;
(7) Recommend free legal programs and banking services for the homebound;
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(8) Provide recreation and social programs.
(Ord. No. 92 13, ( 3, 6 2 92; Ord. No. 94 12, ( 1, 6 7 94)
Sec. 2 143. Recommendations of board.
The board shall periodically advise the City Commission of its findings with respect to the foregoing issues and shall make recommendations to the City Commission on any matter referred
to it within 30 days or within such time as prescribed by the City Commission by specific resolution.
(Ord. No. 92 13, ( 4, 6 2 92)
Sec. 2 144. Organization.
(a) The senior advisory board shall be comprised of seven permanent members and two alternate members, all to be appointed by the City Commission. Of the members so appointed, four
shall be for a term of three years, three shall be for a term of two years. Their successors shall be appointed for a term of two years. Alternate members shall be appointed for a period
of one year.
(b) Any member failing to attend three meetings shall be notified that one additional absence shall automatically forfeit his or her appointment to that board.
(c) Any member of the board may be removed for cause in accordance with state law. The City Commission shall promptly fill any vacancy.
(d) At the organizational meeting of the board a chairperson and vice-chairperson shall be selected by majority vote of the board. The chairperson and vice-chairperson shall be selected
annually at the May meeting of the board.
(Ord. No. 92 13, ( 5, 6 2 92; Ord. No. 94 12, ( 1, 6 7 94)
Sec. 2 145. Meetings.
The board shall meet quarterly on an (as needed( basis for the transaction of business. Its meetings shall be open to the public. The board may establish its own meeting rules and procedures
for the conduct of its business. Four members shall constitute a quorum.
(Ord. No. 92 13, ( 6, 6 2 92; Ord. No. 01-12, ( 2, 3 6-01)
Sec. 2 146. Qualification.
The members of the Senior Advisory Board shall be residents of the City of Boynton Beach, Florida.
(Ord. No. 92 13, ( 7, 6 2 92; Ord. No. 94 12, ( 1, 6 7 94)
Sec. 2 147. Powers.
Nothing in this article shall be construed as restricting or curtailing any of the powers of the City Commission, or as a delegation to the board of any of the authority or discretionary
powers vested and imposed by law in the City Commission. The City Commission declares that public interest, convenience and welfare required the appointment of the board to act in a
purely advisory capacity to the City Commission for the purposes set forth in this article. Any powers delegated here to the board to adopt rules and regulations shall not be construed
as a delegation of legislative authority, but purely a delegation of administrative authority. (Ord. No. 92 13, ( 8, 6 2 92)
Secs. 2 148(2 150. Reserved.
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ARTICLE X: PERSONNEL POLICY MANUAL
Sec. 2 151. Personnel policy manual adopted by reference.
The City Commission of the City of Boynton Beach, Florida, hereby formally adopts the Personnel Policy Manual, and all subsequent amendments thereto, which document is designated as
Exhibit (A( of Ordinance No. 98 06, which is incorporated herein as if set out in its entirety.
(Ord. No. 98 06, 2 2 98; Ord. No. 98 34, ( 1, 9 3 98; Ord. 98 44, ( 1, 12 1 98; Ord. No. 01-53, ( 2, 10-2-01; Ord. No. 02 031, ( 1, 8 6 02; Ord. No. 03-047, ( 1, 9-2-03; Ord. No. 03-049,
( 1, 9-16-03; Ord. No. 05 048, ( 2, 9 6 05; Ord. No. 09-018, ( 2, 4-7-09; Ord. No. 11-015, ( 2, 5-3-11)
Secs. 2 152(2 153. Reserved.
ARTICLE XI: ARTS COMMISSION
Sec. 2 154. Creation of Commission.
The City Commission, in accordance with the powers vested in it, hereby creates and establishes the Boynton Beach Arts Commission, hereinafter referred to as the (Arts Commission.(
(Ord. No. 01-64, ( 1, 1-2-02)
Sec. 2 155. Purpose and duties.
(a) The purpose of the Arts Commission is to advise the City Commission on matters related to the arts, to develop a plan and programs to promote and support art in public places, and
to recommend guidelines and funding for implementation.
(b) It shall be the duty of the Arts Commission to act as an advisory board to the City Commission in providing advice on matters relating to the visual arts.
(c) The Arts Commission may develop a public art plan and program for the city.
(d) The Arts Commission may recommend funding sources including private sources and grant funds; encourage public and private partnerships in the arts; review and make recommendations
on proposals for art work for public buildings and public spaces; encourage the flow of art into the city; stimulate art related activities and events; study issues related to art and
implement art programs as delegated to it by the City(s Commission from time to time.
(e) The Arts Commission shall periodically advise the City Commission of its findings or proposals with respect to the foregoing issues and make recommendations to the City Commission
on any matter referred to it within as much time prescribed by the City Commission.
(Ord. No. 01-64, ( 1, 1-2-02)
Sec. 2 156. Organization.
(a) The Arts Commission shall consist of seven (7) regular members and two (2) alternate members and serve at the pleasure of the City Commission.
(b) The Arts Commission shall be comprised of seven (7) permanent members, and two (2) alternate members, all to be appointed by the City Commission. Of the members so appointed, three
(3) shall be for a term of three (3) years, two (2) shall be for a term of two (2) years, and two (2) shall be for a term of one (1) year. Their successors shall be appointed for a
term of three (3) years. Alternate members shall be appointed for a period of one (1) year. All members may be reappointed at the pleasure of the City Commission at the termination
of their appointment, with no limit as to the number of terms they may serve.
(c) Appointees to the Arts Commission shall be
residents or business owners preferably with the following background: artist, art volunteer/activist; planner; private developer; architect; neighborhood association member; interested
citizen.
(d) At the organizational meeting of the Arts Commission, a Chairperson and Vice Chairperson
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shall be selected by majority vote of the Arts Commission. The Chairperson and Vice Chairperson shall be selected annually at the anniversary of the first meeting of the Arts Commission,
or at the May meeting of the Arts Commission.
(Ord. No. 01-64, ( 1, 1-2-02; Ord. No. 04-031, ( 2, 4-20-04)
Sec. 2 157. Meetings.
The Arts Commission shall meet at an appropriate place and shall arrange a time for holding regular meetings of the Arts Commission, and for such other meetings as shall be necessary,
and it may add to such rules of organization, regulation and procedure as it may deem necessary and determine the duties of its members and officers. Other specifications for conducting
meetings, such as the number needed for a quorum, shall be in conformance with F.S. ( 166.041(4).
(Ord. No. 01-64, ( 1, 1-2-02)
Sec. 2 158. Powers.
Nothing in this article shall be construed as restricting or curtailing any of the powers of the City Commission, or as a delegation to the Arts Commission of any of the authority or
discretionary powers vested and imposed by law in the City Commission. The City Commission declares that public interest, convenience and welfare required the appointment of the Arts
Commission to act in a purely advisory capacity to the City Commission for the purposes set forth in this article. Any power delegated here to the Arts Commission to adopt rules and
regulations shall not be construed as a delegation of legislative authority, but purely a delegation of legislative authority.
(Ord. No. 01-64, ( 1, 1-2-02)
ARTICLE XII: ART IN PUBLIC PLACES PROGRAM
Sec. 2 159. Short title; intent.
(a) This article shall be known and cited as the "Art in Public Places Program."
(b) It is the intent and purpose of this article to further the commitment of the city to the aesthetic, historical, cultural and economic enrichment of the community through the creation
of works of art so that citizens and visitors to the city are afforded an opportunity to enjoy and appreciate works of art. The requirements of this article shall be construed to promote
the aesthetic values of the entire community and to encourage the preservation and protection of works of art.
(Ord. No. 05-060, ( 2, 10-5-05; Ord. No. 07-002, ( 2, 4-3-07)
Sec. 2 160. Definitions.
For the purposes of this section, the following words and phrases shall have the following meanings:
Artist or Professional Artist means a practitioner in the visual arts, generally recognized by critics and peers as a professional of serious intent and ability. Indications of a person's
status as a professional artist include, but are not limited to, income realized through the sole commission of artwork, frequent or consistent art exhibitions, placement of artwork
in public institutions or museums, receipt of honors and awards, and training in the arts.
Art, Artwork or Works of Art means tangible creations by artists exhibiting the highest quality of skill and aesthetic principles and includes all forms of the visual arts conceived
in any medium, material, or combination thereof, including, but not limited to, paintings, sculptures, engravings, carvings, frescos, stained glass, mosaics, mobiles, tapestries, murals,
photographs, video projections, digital images, bas-relief, high relief, fountains, kinetics, collages, drawings, monuments erected to commemorate a person or an event, functional furnishings,
such as
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artist designed seating and pavers, unique or original architectural elements, and artist designed landforms or landscape elements. The following shall not be considered artwork or works
of art for purposes of this article:
(1) Reproductions or unlimited copies of original artwork.
(2) Art objects, which are mass-produced.
(3) Works that are decorative, ornamental, or functional elements of the architecture or landscape design, except when commissioned from an artist or designed as an integral aspect of
a structure or site.
Building means any structure that encloses space and is used or built for the shelter or enclosure of persons, businesses, chattel or property.
Development means any construction, or redevelopment, or structural alteration of any private or public building within the limits of the city.
Arts Commission means the advisory board established by the City Commission pursuant to Ordinance 01 64.
Public Art Fund means a separate, interest bearing account set up by the city to receive monies for the Art in Public Places Program.
Remodeling or conversion means alterations made to a building within any twelve month period, including, but not limited to, changes to the facade of a building, changes to the interior
of a building, increases or decreases in the floor area of a building and changes to exterior improvements.
In-fill Housing means new residential units on parcels less than five (5) acres that are not part of an approved planned unit development as defined by the city land development regulations.
(Ord. No. 05-060, ( 2, 10-5-05; Ord. No. 07-002, ( 2, 4-3-07)
Sec. 2 161. Arts Commission.
The Boynton Beach Arts Commission shall function and operate as outlined in the City of Boynton Beach's Ordinance No. 01 64.
(Ord. No. 05-060, ( 2, 10-5-05; Ord. No. 07-002, ( 2, 4-3-07)
Sec. 2 162. Powers and duties of committee.
(a) The Arts Commission shall have the following additional powers and duties:
(1) Recommend to the City Commission adoption of Art in Public Places Program Guidelines and amendments thereto;
(2) Recommend to the City Commission adoption of a Public Art Master Plan identifying locations for public artworks and establishing a priority order;
(3) Recommend to the City Commission authorization of expenditures for maintaining and implementing the Art in Public Places Program;
(4) Recommend to the City Commission other expenditures of the Public Art Fund such as hiring staff and services to run the Art in Public Places Program;
(5) Exercise their authority to approve, approve with conditions or disapprove proposed installation of artwork based on Art in Public Places Program Guidelines; and
(6) Advance, through education and communication, the Art in Public Places Program Guidelines. The guidelines are attached to Ord. No. 05 060 as Exhibit "A".
(Ord. No. 05-060, ( 2, 10-5-05; Ord. No. 07-002, ( 2, 4-3-07)
Sec. 2 163. Establishment of public art fee.
(a) All development, redevelopment, reconstruction or remodeling projects commenced
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after the adoption of this article which have a construction value of $250,000.00 or greater, shall participate in the Art in Public Places Program by paying a public art fee. For the
purpose of this section, a project will be considered "commenced" when an application for review is first submitted to the city's Development Department. The public art fee shall be
equal to one percent (1%) of construction value of the project. The Building Division/Finance Department shall administer the billing and collection of the thirty percent (30%) or (.03)
of the one percent (1%) of the public art fee at the time of Building Permit issuance and the seventy percent (70%) or (.07) of the one percent (1%) prior to and as a condition of issuance
of the certificate of occupancy that includes the public art. One hundred percent (100%) of the public art fees collected are to be allocated to the Public Art Fund. All distributions
for the Public Art Fund require the recommendation of the Arts Commission prior to City Commission approval.
(b) The following types of projects are exempt from the payment of the public art fee:
(1) Remodeling, repair or reconstruction of structures damaged by fire, flood, wind, earthquake or other calamity determined by the City of Boynton Beach Building Official.
(2) The percent of the project dedicated to affordable housing as defined by the City of Boynton Beach.
(3) All projects which were submitted prior to or on October 5, 2005, notwithstanding any subsequent request for site plan extension.
(4) Single-family and two-family in-fill housing.
(5) Normal, routine maintenance including replacement of existing damaged or failing structural or non structural elements, HVAC, plumbing, electric, or fire detection/suppression equipment
of a project not associated with an addition, renovation or new construction.
(c) Project owners required to participate in the Art in Public Places Program may obtain reimbursement up to seventy percent (70%) of collected art fee if the following conditions
are met:
(1) The owner of a development agrees to follow the Art Commission's recommendations to develop the art in the project; and
(2) Prior to placement on the development site, has the artwork approved by the Arts Commission to insure that the artwork will be accessible and readily visible to the public based
on location of artwork and normal traffic of vehicles/pedestrians in the proposed location; and
(3) Select an artist directly to execute a project that meets specific criteria outlined by the recommendations and guidelines document provided by the Arts Commission or hire a professional
consultant to select artists to commission site-specific, architecturally integrated artworks that meet specific art guidelines criteria outlined by the recommendations and guidelines
document provided by the Arts Commission; or purchase artworks for permanent installation recommended by the Arts Commission; or elect to purchase an existing artwork or commission an
original artwork for donation as a gift to the City of Boynton Beach's public art collection.
(Ord. No. 05-060, ( 2, 10-5-05; Ord. No. 07-002, ( 2, 4-3-07; Ord. No. 15 009, ( 2, 3 17 15)
Sec. 2 164. Art and artist selection criteria.
(a) The Art and Artist selection criteria shall be in compliance with the Arts Commissions Guidelines and Recommendations.
(Ord. No. 05-060, ( 2, 10-5-05; Ord. No. 07-002, ( 2, 4-3-07)
Sec. 2 165. Public Art Fund.
(a) There is hereby created a Public Art Fund administered by the Arts Commission. Funding shall
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consist of all contributions received from art fees for development and redevelopment. Contributions shall include one percent (l%) of construction value on projects exceeding $250,000.00,
any cash grants and donations to the city for public art projects from governmental or private resources, and all other funds allocated by the city through the budgetary process for
the provision of public art.
(b) Expenditures from the Public Art Fund shall include but not be limited to expenses associated with the selection, commissioning, acquisition, transportation, maintenance, public
education, promotion, administration, program marketing, documentation, removal and insurance of the works of art or in relation thereto. The Arts Commission can recommend to the City
Commission expenditures from the funds in furtherance of the Art in Public Places Program.
(c) Disbursements of the public art fee shall be seventy percent (70%) to the construction of art in a given project and thirty percent (30%) for the administration of the Art in Public
Places Program and a (endowment or reserve fund) for future work as described in the Arts Commissions Guidelines and Recommendations.
(Ord. No. 05-060, ( 2, 10-5-05; Ord. No. 07-002, ( 2, 4-3-07)
Sec. 2 166. Ownership of artwork.
Unless otherwise expressly agreed to in writing by the city, ownership of all art acquired through expending funds in the Public Art Fund shall be owned by the city according to the
Arts Commissions Recommendations and Guidelines.
(Ord. No. 05-060, ( 2, 10-5-05; Ord. No. 07-002, ( 2, 4-3-07)
Sec. 2 167. Art in Public Places Program Guidelines.
(a) The Arts Commission shall prepare and from time to time recommend to the City Commission
revisions to the Art in Public Places Program Guidelines and make the same available to the public, which shall provide guidance for program organization; organizational governance
and staffing responsibilities; procedures for project planning; artist selection; art selection criteria; art placement criteria; donations; loans and memorials; collection management;
and administration of the Public Art Fund.
(b) In the event language contained in the Art in Public Places Program Guidelines conflicts with this article, the language in the article shall control.
(Ord. No. 05-060, ( 2, 10-5-05; Ord. No. 07-002, ( 2, 4-3-07)
Sec. 2 168. Art in Public Places Program Location Plan.
The Arts Commission shall prepare, and from time to time revise, a Art in Public Places Program Location Plan that identifies locations and criteria for public artworks and establishes
a priority order.
(Ord. No. 05-060, ( 2, 10-5-05; Ord. No. 07-002, ( 2, 4-3-07)
Secs. 2 169(2 170. Reserved.
ARTICLE XIII: CIVIL EMERGENCIES - EMPLOYEE COMPENSATION
Sec. 2 171. Purpose.
To establish levels of compensation for regular, part-time and seasonal employees who are released from work or who are retained or called back to perform city work during the threat
or occurrence of a hurricane, severe storm, civil disaster, or other emergency conditions affecting the city.
(Ord. No. 05-036, ( 2, 7-19-05)
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Sec. 2 172. Local state of emergency.
(a) The provisions of this article for a declaration of a local state of emergency is for administrative purposes only and supplements the other provisions of law, as set forth in City
Charter, Code or state law, for the declaration of emergencies. Accordingly, this article shall be construed to supplement the provisions of the Charter, the Code and state law, and
in the event of a conflict the provision of Charter, Code or state law shall prevail.
(b) A local emergency shall be deemed to have commenced when the City Manager (or an acting City Manager when the City Manager is not available to act) files with the City Clerk a declaration
that the city is in a state of local emergency. The Declaration of Emergency shall reference this article. Immediately following such declaration, the City Manager (or Acting City Manager)
will inform each city department and office in as timely a manner as possible by written or electronic communication that a state of civil emergency is in effect. The state of local
civil emergency shall continue in effect until rescinded in writing by the City Manager (or Acting City Manager), filed with the City Clerk.
(Ord. No. 05-036, ( 2, 7-19-05)
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Sec. 2 173. Authority and duration of Emergency Pay Policy coverage.
The provisions of this Emergency Pay Policy shall become effective immediately following the declaration of a state of civil emergency by the City Manager and are considered from that
point to take precedence over all other Personnel Rules and Regulations, policies, ordinances and collective bargaining agreements of the City of Boynton Beach in the matters of pay,
compensation and leave as hereinafter set forth. The provisions of this Emergency Pay Policy shall apply for the entire time period during which the declared state of civil emergency
exists, as determined by the City Manager.
(Ord. No. 05-036, ( 2, 7-19-05)
Sec. 2 174. Designation of employees for purposes of establishing pay and compensation.
(a) In a manner to be determined by the City Manager or his/her acting designee, all city employees (regardless of full time, part time, seasonal, exempt or non exempt status) will be
classified into one of the following three categories:
A = Essential/Mandatory Personnel
The assistance of these employees is considered essential to the city's ability to function and provide public services in the event of a civil emergency.
B = Essential Personnel
Depending on circumstances and needs, the assistance of these employees may be required in the event of a civil emergency.
C = Non Essential Personnel
The assistance of these employees is normally not required during a civil emergency event.
(b) Employees who are classified as category "A" (Essential/Mandatory Personnel) are expected to report for work at the beginning of their assigned
shift, work their entire shift, and be prepared to work any overtime hours as may be required under emergency conditions.
(c) Category "A" employees may also be required to report for work on unscheduled days or hours and should be prepared to perform tasks outside their normal scope of duties. Category
"A" employees may be required to remain at a designated facility during some portion of the emergency event.
(d) Employees who are classified as category "B" (Essential Personnel) should be prepared to report for work and should be prepared to work any overtime hours if required to do so.
(e) Category "B" employees may also be required to report for work on unscheduled days or hours, and should be prepared to perform tasks outside their normal scope of duties. Category
"B" employees may be required to remain at a designated facility during some portion of the emergency event.
(f) Employees who are classified as category "C" (Non Essential Personnel) may be released from their normal work duties and schedules as circumstances dictate, subject to the following
conditions:
(1) The employee is to remain in periodic contact with their supervisor or other designated representatives in accordance with departmental procedures;
(2) Be available to respond to call back assignments as directed; and
(3) Be prepared to work any overtime hours that may be required in advance of or following an emergency event.
(g) The city retains the right to change at any time an employee's designation (as either "A", "B" or "C"), based upon the type of civil emergency that exists and upon the level or stage
of response that is deemed appropriate by city management to address the civil emergency.
(Ord. No. 05-036, ( 2, 7-19-05)
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Sec. 2 175. Duty to work.
An employee who is directed to report for work during a declared civil emergency and fails to do so is subject to being disciplined, up to and including termination. In addition to any
disciplinary action, the employee shall forfeit any compensation payable under these policies, except compensation for hours actually worked.
(Ord. No. 05-036, ( 2, 7-19-05)
Sec. 2 176. Employee compensation.
(a) Any employee classified as either "A" (Essential/Mandatory) or "B" (Essential), who is not exempt from the overtime provisions of the Fair Labor Standards Act, will be compensated
as follows during a period of local emergency:
(1) The employee will be paid their regular compensation of all hours they are scheduled for work, but released from work.
Example: If an employee is scheduled to work from 8:00 a.m. to 5:00 p.m., but is released from work at 3:00 p.m., the employee will be paid as though the employee worked until 5:00 p.m.
However, only those hours actually worked will be counted for overtime purposes.
(2) The employee will be compensated at a premium rate of double their regular base rate of pay for all hours actually worked, including hours which would otherwise qualify for overtime
pay (time and one half).
Example: If an employee who earns $10.00 an hour is scheduled and required to work at 8:00 a.m. but a local emergency was declared at 7:00 a.m., the employee shall be paid $20.00 an
hour for all hours actually worked until the local emergency ends.
(3) Any employee who is exempt from the overtime provisions of the Fair Labor Standards Act, except the City Manager, will be compensated as
follows: the employee will be paid their regular weekly pay plus one (1) hour of straight time for each hour of work over 40 hours of work provided each hour of additional pay corresponds
to an hour worked during the period of emergency. (It is presumed, solely for the sake of the calculation of emergency pay, that an exempt status employee works an average of 40 hours
per work week.)
Example: If a local state of emergency takes effect 8:00 a.m. on a Tuesday and ends 8:00 a.m. on Wednesday and the exempt employee is required to spend Tuesday night in the Emergency
Operations Center (5:00 p.m. Tuesday to 8:00 a.m. Wednesday), the employee is entitled to 15 hours of additional pay at straight time, provided they work the balance of their ordinary
work week (Monday through Friday).
(Ord. No. 05-036, ( 2, 7-19-05)
Sec. 2 177. Standby and call back pay.
No employee is entitled to nor shall receive standby pay or call back pay during a period of local emergency.
(Ord. No. 05-036, ( 2, 7-19-05)
Sec. 2 178. Record keeping.
All employees are responsible for keeping accurate time logs/records for hours worked during a declared state of emergency. The submission of a request for compensation for time worked
when the employee did not actually work during a period of local emergency is grounds for termination of employment.
(Ord. No. 05-036, ( 2, 7-19-05)
Sec. 2-179. Handling of leave requests during a declared emergency.
Leave requests approved prior to a declared emergency will be honored if, in the opinion of the employee's department director, the employee's
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absence will not adversely affect the city's ability to effectively respond to the emergency. However, all employees are subject to having previously approved leave cancelled, and new
requests for leave denied, based upon an overriding organizational need to have the employee report for duty to fulfill their job assignments during an emergency. Any off-duty employee
who anticipates being unavailable to respond to a call back assignment associated with an emergency has a responsibility to discuss their plans with their department director and request
to be relieved from call back responsibilities for the anticipated duration of the emergency. The department director will evaluate the employee's reasons for the request to be relieved
of possible call back responsibilities and notify the employee of his/her decision as soon as possible. All employees who request sick leave immediately prior to, during, or in recovery
from a declared emergency may be required by the department director to submit appropriate medical documentation to verify their sick leave request.
Special Note: An employee who is on a previously approved leave that was not revoked prior to the specified civil emergency time period is not eligible for administrative leave with
pay or any other form of special compensation that may be made available under the provisions of this policy.
(Ord. No. 05-036, ( 2, 7-19-05)
Sec. 2 180. Holiday pay.
If the declared emergency time period should encompass a holiday, an employee is eligible to receive any applicable holiday pay they are due in addition to any special compensation that
is to be paid under the conditions outlined in Section 2 175 above.
(Ord. No. 05-036, ( 2, 7-19-05)
Sec. 2 181. Suspension of other compensation rules.
During periods of declared local emergencies, the provisions of this article supersede all other provisions
for scheduling and compensation set forth in any other local rule, regulation, ordinance or collective bargaining agreement.
(Ord. No. 05-036, ( 2, 7-19-05)
Secs. 2 182(2 184. Reserved.
ARTICLE XIV: VETERANS ADVISORY COMMISSION
Sec. 2 185. Creation of Commission.
The City Commission, in accordance with the powers vested in it, hereby creates and establishes the Boynton Beach Veterans Advisory Commission, hereinafter referred to as the "Veterans
Advisory Commission."
(Ord. No. 05 047, ( 2, 9 6 05)
Sec. 2 186. Purpose and duties.
(a) Purpose. The purpose of the Veterans Advisory Commission is to advise the City Commission on matters related to veteran commemorative activities and to facilitate awareness and education
amongst veterans within the City of Boynton Beach.
(b) Duties. It shall be the duty of the Veterans Advisory Commission to act solely as an advisory board to the City Commission, providing recommendations and guidelines pertaining to:
(1) The planning, implementation and promotion of city sponsored events and activities associated with Veterans Day, the Fourth of July, Memorial Day, and Four Chaplains Day;
(2) The funding resources available including private sources, grant funds, or any other financial resource available to facilitate city sponsored activities related to veterans; and
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(3) The budgeting of specific programs or events related to veterans or of interest to veterans.
(Ord. No. 05 047, ( 2, 9 6 05)
Sec. 2 187. Organization.
The Veterans Advisory Commission shall consist of a total of seven (7) regular members, four (4) alternate members, and ten (10) honorary/ex officio members. Whenever possible, preference
shall be given to residents of the city for appointment to membership on the Veterans Advisory Commission.
(Ord. No. 05 047, ( 2, 9 6 05; Ord. No. 06-012, ( 2, 1-17-06)
Sec. 2 188. Board appointment and membership.
(a) Board members shall be nominated by the veterans organizations listed herein and then appointed by the City Commission to either a position as a regular or alternate member. The
veterans organizations listed herein may nominate more than one individual from their organization to serve on the Veterans Advisory Commission. The City Commission may appoint more
than one individual from any one of the veterans organizations listed herein. Prior to appointment, all members must submit an application for appointment to the City Commission pursuant
to the requirements of the city's Code of Ordinances, as may be amended from time to time.
(b) Qualification for appointment. In order to qualify for appointment to membership on the Veterans Advisory Commission, members must meet the following qualifications:
(1) Military service. All members serving on the Veterans Advisory Commission must have served in a branch of the armed forces of the United States and, if no longer active, be honorably
discharged therefrom.
(2) Organization membership. A minimum of six (6) regular members of the Veterans Advisory Commission must be a member of a local chapter of one of the following organizations:
a. American Legion;
b. Veterans of Foreign Wars;
c. Disabled American Veterans;
d. Korean War Veterans;
e. Vietnam War Veterans;
f. Submarine War Veterans;
g. Jewish War Veterans;
h. Catholic War Veterans;
i. Women's Army Corps Veterans: and
j. Maritime War Veterans.
(3) Nationwide organization membership. If the individual nominated is not a member of the organizations listed above, a maximum of one (1) of the appointed Board Members may, in the
alternative, be a member of a national veterans organization. However, this national veterans organization must have a charter that provides for service and assistance to veterans of
the United States.
(4) Residency. A minimum of six (6) regular members must reside in the city. A maximum of one (1) regular member may live outside the city, so long as they are active in one of the local
chapters of the organizations listed above and are residents of Palm Beach County.
(c) Staggered terms for Board membership. The initial regular members appointed will serve as follows: three (3) members shall be for a term of three (3) years, two (2) members shall
be for a term of two (2) years, and two (2) members shall be for a term of one (1) year. Their successors shall be appointed for a term of three (3) years.
(d) Reappointment, removal, vacancy. All members may be reappointed, without limitation as to the number of terms served. Members may, at the
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discretion of the City Commission, be removed for cause, or for missing more than four (4) meetings per year. Members that have been removed may not be reappointed for a period of 36
months. If there is a vacancy in the membership, the City Commission shall appoint a new member to fill the vacancy.
(e) Privileges, duties and responsibilities.
(1) Privileges. Members will have voting privileges as set forth herein. Members shall create and implement rules, policies and procedures necessary to carry out the Veterans Advisory
Commission's purpose, in conformance with the provisions of the city's Code of Ordinances and state law.
(2) The regular members shall vote to appoint a Chair, who shall preside over the meetings of the Veterans Advisory Commission and also vote to appoint a Vice-Chair who shall serve in
the absence of the Chair.
(3) Attendance. Members shall maintain regular attendance to the meetings as required by the city's Code of Ordinances.
(f) Alternate members. Pursuant to the City of Boynton Beach Code of Ordinances, the City Commission shall appoint four alternate members. Alternate members will serve to fill a vacancy
or removal in the Veterans Advisory Commission. Alternate members shall be appointed in the same manner as regular members and shall meet the qualifications set forth for regular members.
When serving in their capacity as an alternate member, alternate members shall have the same privileges, duties and responsibilities as a regular member, with the exception that no alternate
member may serve in a capacity as Chair or Vice-Chair, or hold any other office on the Veterans Advisory Commission, nor may any alternate member be moved to a regular member unless
appointed by the City Commission pursuant to the procedure set forth herein. The alternate member's term of membership shall run only through the term of the vacancy they have filled.
(g) Honorary members.
(1) Appointment. The Veterans Advisory Commission may nominate ten (10) individuals to serve as honorary members of the Veterans Advisory Commission, with preference given to individuals
that are members to the following organizations:
a. Gold Star Mothers & Fathers;
b. Current members of the Armed Forces;
c. Military Order of the Purple Heart;
d. Ladies Auxiliaries; and
e. Former Prisoners of War.
The Veterans Advisory Commission shall forward the names of the ten (10) individuals who are nominated to the position of honorary members to the City Commission who shall then confirm
the nominations by a majority vote of the City Commission.
(2) Privileges. Honorary members may speak at meetings, but they do not have voting rights.
(3) Term of honorary membership. Honorary appointments will be for a term of one year.
(Ord. No. 05 047, ( 2, 9 6 05; Ord. No. 06-012, ( 2, 1-17-06)
Sec. 2 189. Meetings.
The Veterans Advisory Commission shall arrange for an appropriate time and place for meetings.
(Ord. No. 05 047, ( 2, 9 6 05)
Sec. 2 190. Procedure for enactment and voting.
All actions subject to a vote shall be enacted as set forth below.
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(a) Quorum. The Veterans Advisory Commission may not take any action unless a quorum is present. A quorum shall consist of the physical presence of no less than four (4) voting members
of the Veterans Advisory Commission.
(b) Voting. An affirmative vote of a majority of the voting members present shall be required in order for the Veterans Advisory Commission to take any official action. No voting by
proxy is allowed. On final passage, the vote of each member of the Veterans Advisory Commission shall be entered on the official record kept for the meeting.
(Ord. No. 05 047, ( 2, 9 6 05)
Sec. 2 191. Powers.
Nothing in this article shall be construed as restricting, curtailing any of the powers of the City Commission, or as a delegation to the Veterans Advisory Commission of any of the authority
or express or discretionary powers vested and imposed by law in the City Commission. The City Commission declares that the public interest, convenience and welfare required by the appointment
of the Veterans Advisory Commission to act in a purely advisory capacity to the City Commission for the purposes set forth in this article. Any power delegated here to the Veterans Advisory
Commission to adopt rules and regulations shall not be construed as a delegation of legislative authority, but purely a delegation of administrative authority.
(Ord. No. 05 047, ( 2, 9 6 05)
Secs. 2-192(2-200. Reserved.
ARTICLE XV: SMALL AND
MINORITY BUSINESS ENTERPRISES
Sec. 2 201. General.
This article establishes the city's Small and Minority Business Enterprise Program.
(Ord. No. 06-080, ( 2, 10-17-06)
Sec. 2 202. Policy statement.
(a) The policy of the city is that all businesses be afforded an opportunity for full participation in the city's system for the procurement of goods, services or construction projects.
(b) It is the policy of the city to provide equal opportunities for city contracting for small businesses owned by socially and economically disadvantaged persons doing business in the
city's contracting marketplace.
(c) It is the policy of the city to prohibit discrimination against any business in pursuit of these opportunities, to conduct its contracting activities so as to prevent discrimination
in the solicitation or award of public contracts or the acquisition of goods and services.
(d) It is declared to be the policy of the city to take all necessary, reasonable and legal action to prevent discrimination, be it direct or indirect, in its procurement process; to
ensure that all businesses, including small businesses, are afforded the maximum opportunity to participate in the city's procurement process; and to establish a recordkeeping system
to monitor small business participation in procurement.
(Ord. No. 06-080, ( 2, 10-17-06)
Sec. 2 203. Definitions.
The following words as used in this chapter have the indicated meanings:
Affiliation means a relationship between two (2) or more businesses which one business controls or has the power to control the other, or a third party or parties controls or has the
power to control both, or an identity of interests exists between such businesses. In determining affiliation, the city shall consider all appropriate factors, including common ownership,
common management, contractual relationships and shared facilities. Affiliates must be considered together in determining whether a business is a small business enterprise.
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Annual participation goals mean the targeted levels established by the city for the annual aggregate participation in city contracts of small/minority business enterprises S/MBE.
Bid means the offer to furnish goods or services, including formal and informal bids, and responses to requests for proposals qualifications.
Bidder means a person that has submitted a bid to the city.
Brokering means filling orders by purchasing or receiving supplies from a third party supplier rather than out of existing inventory, and providing no commercially useful function other
than acting as a conduit between a supplier and a customer.
City Manager means the City Manager of the City of Boynton Beach or his or her designee.
City's contracting marketplace means the geographic and procurement areas in which the city contracts on an annual basis.
Commercially useful function means a function which results in the provision of needed materials, supplies, equipment or services to the city. A small business must demonstrate expertise
in the commodity area that they are supplying and those commodity area must be identified and listed in the certification approval letter. Acting merely as a conduit to transfer funds
to another business does not constitute a commercially useful function.
Contract means any written agreement or purchase order through which the city procures goods or services.
Contractor means a person that has a contract with the city to provide goods or services.
Controlled, for the purposes of determining whether a business is a minority or woman owned business, means the minority, the woman or combination of minorities and women, as the context
requires, who:
(1) Possesses legal authority and power to manage business assets, goodwill and daily operations of the business; and
(2) Actively and continuously exercises such authority and power in determining the policies and directing the operations of the business. The term controlled for the purposes of determining
whether a business is a small business shall mean that no large business:
a. Possesses legal authority and power to manage business assets, goodwill and daily operations of the business; and
b. Actively and continuously exercises such authority and power in determining the policies and directing the operations of the business.
Debarment means the exclusion for cause of a vendor or contractor from bidding and/or doing business with the city.
Director means the City Manager or those individuals or departments designed to administer all or part of the small/minority business enterprise program.
Economically disadvantaged means an individual whose personal net worth is less than $750,000.
Emergency procurement, as authorized by the City Manager, means a procurement made in response to a requirement when a delay caused by complying with all governing rules, regulations
and/or procedures would be detrimental to the interests, health, safety or welfare of the city.
Expertise means demonstrated skills, knowledge or ability to perform in the field of endeavor in which certification is sought by the business as defined by normal industry practices,
including licensure where required.
Good faith efforts means actions that the city finds are sufficient to meet the standards hereinafter set forth in Section 2 210 which provides for contract pre award compliance procedures.
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Goods means apparatus, materials, supplies and equipment.
Joint venture means an association of two (2) or more persons, or any combination of types of business enterprises and persons numbering two (2) or more, proposing to perform a single
for-profit business enterprise, in which each joint venture participant contributes property, capital, efforts, skill and knowledge, and in which the S/MBE is responsible for a distinct,
clearly defined portion of the work of the contract with the city and whose share in the capital contribution, control, management, risks, and profits of the joint venture are commensurate
with its ownership interest. Joint ventures must have an agreement in writing specifying the terms and conditions of the relationships between the joint venture participant and their
relationship and responsibility regarding to the contract with the city.
Large business means a business that does not meet the definition of small business as defined in this article.
MB means a minority owned business.
Minority person means an individual who is a citizen or lawful permanent resident of the United States who is:
(1) An African-American, a person having origins in any of the black racial groups of Africa;
(2) A Hispanic-American, a person of Spanish or Portuguese culture who has origins in Central or South America, or the Caribbean, regardless of race;
(3) An Asian-American, a person having origins in any of the original peoples of the Far East, Southeast Asia, the Indian subcontinent, or the Pacific Islands;
(4) A Native-American, a person who has origins in any of the Indian tribes of North America prior to 1835; or
(5) A female.
Owned, for the purposes of determining whether a business is a minority or woman owned business, means that the minorities or women, as the context requires, shall possess an ownership
interest of at least fifty-one percent (51%). The term owned, for the purposes of determining whether a business is a small business, shall mean that no large business shall possess
an ownership interest in excess of forty-nine percent (49%).
Participation plan means the list of SMBE that the bidder commits will be utilized, their scopes of work, and dollar value or the percentage of the project or the scopes of work of the
contract they will perform.
Personal net worth means the net value of the assets of an individual after total liabilities are deducted. An individual's personal net worth does not include the individual's ownership
interest in the applicant and the individual's equity in his or her primary place of residence. An individual's personal net worth includes his or her share of assets held jointly with
the individual's spouse. Property held by the entireties is deemed to be owned equally by the spouses.
Practicable means reasonably capable of being accomplished.
Prime contractor means any person or business entity who has a contract with the city.
Procurement code means the city's procurement code set forth in this chapter, as it may be amended from time to time.
Procurement goals means goals expressed as percentages of the total dollar volume for participation of small businesses on individual bids, proposals, resulting work authorizations,
purchase orders (POs) or city contracts.
Professional services means any narrow discipline wherein a known practitioner has, through education and experience, developed expert advisory and programming skills as a vocation,
any service performed primarily by vocational personnel which
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requires the certification of a professional before the services are acceptable to the user of the service, or any other advisory study or programming activity where the procurement
official determines that the level of skills and/or creativity of the potential or known practitioner warrant a solicitation process other than the competitive bid process.
Program means the equal business opportunity (EBO) program.
Project specific goals means the goals established for a particular project or contract based upon the availability of SMBEs in the scopes of work of the project, delineated into percentages
of SMBEs owned by blacks and women.
Proposal means an executed formal document submitted to the city stating the goods, services and/or construction offered to satisfy the need as requested in the requisition, request
for proposal, request for information or request for qualifications.
Quotation means any oral or written offer as a result of an informal request by a vendor to the city to furnish specific goods, services and/or construction at a stated price.
Request for quotation means a request, either oral or written, to solicit prices for specific goods, services and/or construction.
SED means socially disadvantaged and economically disadvantaged.
Services means the furnishing primarily of labor, time and/or effort by a contractor, wherein the provision of goods or other specific end products other than reports, studies, plans,
advisories, contractual documents or other documents, relating to the required performance is incidental or secondary. This term services shall not include construction or employment
agreements.
Small business means a person or business that:
(1) Is domiciled in Palm Beach County which is an independently owned and operated business concern organized to engage in commercial
transactions and whose adjusted gross margin and number of employees, including those working in all offices or locations, does not exceed the following:
a. In construction, the annual adjusted gross margin less than $3,000,000 (averaged over the previous three years, or if in business, less than three (3) years, averaged during duration
of business), and does not employ more than thirty (30) full time employees.
b. In commodities, the annual adjusted gross margin less than $1,500,000 (averaged over the previous three (3) years, or if in business, less than three (3) years, averaged during duration
of business), and does not employ more than thirty (30) full time employees.
c. In professional services, the annual adjusted gross margin less than $2,000,000 (averaged over the previous three (3) years, or if in business, less than three (3) years, averaged
during duration of business), and does not employ more than thirty (30) full time employees.
(2) Meets the certification criteria set forth in this article.
(3) The limits described in subsections (1)a., b. and c. above shall apply to all small businesses certified by the city (or other entity as heretofore listed) as of October 1, 2003.
Small business enterprise (SBE) means a small business concern meeting the size standards established by the city or a federal, state, county, or local school board agency under similar
programs.
Small business listing means a supplier list of certified small businesses approved by the City Manager and made available to contractors or vendors for use in identifying subcontractors
and material suppliers.
Small minority business enterprise (S/MBE) means a business, including a sole proprietorship, partnership, corporation, limited liability company, joint venture or any other business
or professional entity:
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(1) Which is at least fifty-one percent (51%) owned by one (1) or more socially and economically disadvantaged individuals, or in the case of a publicly owned business, at least fifty-one
(51%) of all classes of the stock of which is owned by one or more socially and economically disadvantaged individuals;
(2) Whose management, policies, major decisions and daily business operations are independently managed and controlled by one (1) or more socially and economically disadvantaged individuals;
(3) Which is small business enterprise;
(4) Which has a physical location from which to engage in for-profit activities in the scope(s) of expertise in the city's marketplace; and
(5) Which is certified as a SMBE by the City of Boynton Beach, the State of Florida, Palm Beach County, the School Board of Palm Beach County, or any other municipality, notwithstanding
the terminology used to designate the enterprise.
Socially disadvantaged means an individual who has been subjected to racial or ethnic prejudice or cultural bias within American society because of his or her identity as a member of
a group and without regard to individual qualities. Social disadvantage must stem from circumstances beyond the individual's control. A socially disadvantaged individual must be a citizen
(or lawfully admitted permanent resident) of the United States who is either:
(1) Black/African American, which includes persons having origins in any of the black racial groups of Africa;
(2) Female; or
(3) Any individual found by the city on a case by case basis to have been subjected to racial or ethnic prejudice or cultural bias within American society because of his or her identity
as a member of a group, without regard to individual qualities. Social disadvantage must stem from circumstances beyond
the individual's control. Evidence of social disadvantage must include:
a. At least one (1) objective, distinguishing feature that has contributed to social disadvantage, such as disability, long term residence in an environment isolated from the mainstream
of American society or other similar barriers not common to individuals who are not socially disadvantaged;
b. Personal experiences of substantial and chronic social disadvantage in American society, not in other countries; and
c. Negative impact on entry into or advancement in the city's contracting marketplace and participating on city contracts because of the disadvantage, as demonstrated by the individual's
education, employment and business history.
Subcontractor means any person providing goods, services and/or construction to a prime contractor for profit, if such goods, services and/or construction are procured or used in fulfillment
of the prime contractor's obligations arising from a contract with the city, excluding providers of goods directly acquired by the city.
User department means the department of the city that the City Manager designates as responsible for initiating the procurement process.
Vendor means an actual or potential supplier of goods, services and/or construction.
WB means a woman owned business.
(Ord. No. 06-080, ( 2, 10-17-06)
Sec. 2 204. Program administration.
(a) The City Manager shall administer the city's Small/Minority Business Enterprise program.
(b) The City Manager is authorized to:
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(1) Adopt rules for the implementation and monitoring of the program and to incorporate those rules into the city's procurement code.
(2) Develop a system to inform S/MBEs of city contracting opportunities.
(3) Providing information and staff assistance to SMBEs relating to city procurement practices and procedures, and bid specifications, requirements, and prerequisites.
(4) Maintain a list of businesses that are certified as SMBEs and maintain that list in a SMBE availability data bank.
(5) Establish project specific goals.
(6) Evaluate bidders' and contractors' achievement of project specific goals or good faith efforts to meet project specific goals.
(7) Direct his or her administrative staff to monitor contracts to facilitate prompt payments to SMBEs and compliance with project specific goals and commitments.
(8) Receive, review, and act upon complaints and suggestions concerning the program.
(9) Collect and maintain data through software systems in order to report on compliance with the article and monitor and report on utilization of minority and woman owned businesses
as compared to their availability.
(10) Monitor and report on the program and the city's progress towards the annual participation goals.
(11) Prepare an annual budget detail that allocates resources, including budget and staff to carry out the mandates of this article.
(12) Delegate all or part of the responsibilities listed herein.
(c) The city staff or city departments which receive appropriate delegation for project management, contract management, and/or construction and/or design contract responsibility shall
have the following duties and responsibilities with regard to the program:
(1) Assisting with setting project specific goals.
(2) Assisting in the identification of available SMBEs, and providing other assistance in meeting the annual participation and project specific goals.
(3) Performing other activities to support the program.
(4) Gathering and maintaining subcontracting data for those contracts which they manage.
(5) Submitting subcontracting data to the City Manager.
(6) Managing contracts in a consistent manner to facilitate contract compliance in utilization of SMBEs.
(7) Submitting to the City Manager, on or before the beginning of each fiscal year, the administrator's or department's annual SMBE contracting goal based upon a project identification
survey listing all upcoming projects, estimating the probable monetary value, the projected bid advertisement date and the necessary qualifications.
(8) Department directors shall, whenever practicable:
a. Separate discrete and unconnected work elements from projects for separate contracts, where separation will not cause substantial adverse fiscal, administrative, or legal impact;
b. Divide procurements into component parts or work elements on a report so that
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the City Manager can determine which small businesses are available to participate as subcontractors; and
c. Establish delivery schedules that do not discourage small or large business participation, especially, in master agreements.
(Ord. No. 06-080, ( 2, 10-17-06)
Sec. 2 205. Equal opportunities.
The city shall develop and use race and gender neutral measures to facilitate the participation of SMBEs in city contracting activities. These measures shall include, but are not limited
to:
(a) Arranging solicitation times for the presentations of bids, quantities, specifications, and delivery schedules so as to facilitate the participation of interested persons.
(b) Providing timely information on contracting procedures, bid preparation, and specific contracting opportunities.
(c) Holding pre bid conferences, where appropriate, to explain the projects and to encourage potential bidders to solicit available S/MBEs as subcontractors or as joint venture participant.
(d) Adopting prompt payment procedures, including requiring by contract that contractors pay their direct subcontractors within a stated period of receipt of payment from the city, subject
to appropriate exceptions.
(e) Reviewing bonding and insurance requirements to eliminate unnecessary barriers to contracting with the city.
(f) Maintaining a bidders list, consisting of all persons bidding on city prime contracts and bidding or quoting on city funded subcontracts.
(g) Providing technical assistance, which may include:
(1) A surety bonding assistance and support program to provide access to surety bonding and contract financing.
(2) A mentor protégé program.
(Ord. No. 06-080, ( 2, 10-17-06)
Sec. 2 206. Program eligibility.
(a) Only a business that is managed and controlled by socially or economically disadvantaged (SED) owners may be certified as a S/MBE, provided:
(1) A business must not be subject to any formal or informal restrictions that limit the discretion of the SED owner(s). There can be no restrictions through corporate charter provisions,
by law provisions, contracts or any other formal or informal devices that prevent the SED owner(s), without the cooperation or vote of any non SED person, from making any business decision
of the business.
(2) The SED owner(s) must possess the power to direct or cause the direction of the management and policies of the business and to make day to day as well as long term decisions on management,
policy and operations.
(3) The SED owner(s) may delegate various areas of the management, policymaking or daily operations of the business to persons who are not SED. Such delegations of authority must be
revocable, and the SED owners must retain the power to hire and fire any such person. The SED owners must exercise control over the business's operations, work, management and policies.
(4) The SED owner(s) must have an overall understanding of, and managerial and technical competence, experience and expertise, directly related to the business's operations and work.
The SED owner(s) must have the ability to intelligently and critically evaluate information presented by other participants in the business's activities and to make independent decisions
concerning the business's daily operations, work, management, and policymaking.
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(5) If any law requires the owners to have a particular license or other credential to operate, own and/or control a certain type of business, then the SED owner(s) must possess the
required license or credential. If the law does not so require, than the owner(s) lacking such license or credential is a factor in determining whether the SED owner(s) actually controls
the business.
(6) An SED owner cannot engage in outside employment or other business interests that conflict with the management of the business or prevent the owner from devoting sufficient time
and attention to the affairs of the business to manage and control its activities.
(b) Only an independent business may be certified as a S/MBE. An independent business is one whose viability does not depend on its relationship with another business. Recognition of
an applicant as a separate entity for tax or corporate purposes is not necessarily sufficient to demonstrate that a business is independent. In determining whether an applicant is an
independent business, the City Manager will:
(1) Scrutinize relationships with non S/MBEs in such areas as personnel, facilities, equipment, financial and/or bonding support, and other resources.
(2) Consider whether present or recent employer/employee relationships between the SED owner(s) of the applicant and non SMBEs or persons associated with non-SMBEs compromise the applicant's
independence.
(3) Examine the applicant's relationships with non SMBE prime contractors to determine whether a pattern of exclusive or primary dealings with a prime contractor compromises the applicant's
independence.
(4) Consider the consistency of relationships between the applicant and non SMBEs with normal industry practice.
(c) In order to be certified as an SMBE, a business must be a small business enterprise and must
have a physical location, in the city's contracting marketplace, from which it engages in for profit activities in the scope(s) of its expertise.
(d) An applicant shall be certified only for specific types of work in which the SED owner(s) has the ability and expertise to manage and control the business's operations and work.
(e) The city shall certify the eligibility of joint ventures in which the joint venture participant are SMBEs and non SMBEs.
(f) In lieu of conducting its own investigation to determine whether an applicant is eligible for certification, the city may consider a formal certification by another entity to determine
whether the applicant meets the requirements of the program, provided that the City Manager determines that the certification standards of such entity are comparable to those of the
city.
(g) Where federal or state law or regulations or any agreement between the city and a federal or state agency requires different eligibility standards, the applicable federal or state
standards shall apply, including, if applicable, the regulations promulgated by the United States Departments of Transportation and Housing for contracts involving federal funds. Where
the city is to receive, apply, administer, or use funds from the federal government or the state government or any entity, agency, or grantee of either of them, if the city is required
to apply a disadvantaged business program or program whose purposes are to help ensure opportunities for small businesses owned by socially and economically disadvantaged persons, that
other program, instead of this chapter, shall apply in the award and administration of the contract.
(h) The certification status of all SMBEs shall be reviewed biannually by the City Manager. Failure of an SMBE to seek recertification by filing the necessary documentation with the
City Manager within ninety (90) days from the date of receipt of written notice shall result in decertification.
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(i) It is the responsibility of the SMBE to notify the City Manager of any change in its circumstances affecting its continued eligibility for the program. Failure to do so within a
reasonable time of the change may result in the business's decertification.
(j) The City Manager shall decertify a business that does not continuously meet the eligibility criteria.
(k) A business whose average annual gross receipts exceed the size standards for SMBEs for three (3) consecutive years shall graduate from the program.
(l) The City Manager may decertify an SMBE that repeatedly fails to respond to requests for quotations from bidders who timely solicit participation on a contract, attend relevant pre bid
conferences, or honor bids in good faith.
(m) A business that has been denied certification or recertification or been decertified may protest the denial or decertification as follows:
(1) Within seven (7) days of receipt of denial of certification or recertification, or notice of intent to decertify, the business may protest such action in writing to the City Manager.
(2) A hearing shall be held by the City Manager at which the business may present additional facts and evidence in support of its eligibility. The City Manager shall control all aspects
of the hearing, including scheduling, conduct, witnesses, and evidence, and may request the attendance of witnesses and production of documents. The applicant's failure to comply promptly
with these requests may be grounds for denial of relief sought by the applicant.
(3) The City Manager shall send notice of the written decision to the business within thirty (30) days of the hearing. The City Manager's decision shall be final.
(n) A business found to be ineligible cannot apply for certification for one (1) year after the effective date of the final decision.
(Ord. No. 06-080, ( 2, 10-17-06)
Sec. 2 207. Goals.
(a) Annual goal. Small business participation goals will be set on a procurement by procurement basis as set forth in this article. At the request of the City Commission, but no less
than on an annual basis, the City Manager shall provide a formal report on small business utilization and availability data to the City Commission. Upon evaluating such data, the City
Commission may establish or revise an annual participation goal for the next fiscal year.
(b) Annual budget detail. Each department shall, by no later than October 1, provide the City Manager with its annual budget detail. The City Manager shall compile a prospective procurement
list based on the annual budget detail received from the individual departments and make these listings available to the City Commission for their use and consideration in establishing
procurement goals and to SMDEs for the purpose of providing them with advance notice of upcoming opportunities.
(c) Goals for procurements over $25,000. Specific goals for each bid or proposal shall be adopted on a procurement by procurement basis.
(1) Criteria for bid or proposal goal establishment. In setting bid or proposal goals, the following factors shall be considered:
a. The type of work required;
b. The contracting and subcontracting opportunities for small businesses, including support and ancillary services, and the number of certified small businesses available in comparison
with other registered vendors;
c. Past and current experience of the city in meeting its goal and the results and reasons therefore; and
d. Special circumstances relating to the procurement including, but not limited to, scheduling constraints.
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(d) The department responsible for the procurement shall prepare a report that identifies its various components. The report will be submitted to the City Manager outlining the potential
contracting and subcontracting opportunities and the estimated percentage that each bears to the total bid, proposal, work authorization, or procurement. The report shall show the scope
of the work for each component that has potential for being subcontracted and the qualifications required of the subcontractor to do the work if they are not evident in the scope of
work. The report shall also identify if the procurement has any other specific requirements such as may be imposed by a federal or state grant. The report is forwarded to the City Manager.
(e) The City Manager then compares the report against the listing of certified small business vendor database to determine the availability of small businesses qualified to do the work
in each potential subcontract component, reviews the listing of other vendors and calculates the goal for each bid, proposal and work authorization. Upon calculating the goal, the City
Manager shall provide the completed report, the list of qualified small business vendors and the list of other vendors to the procurement official, the department responsible for the
procurement, and all members of the goal setting team. The individual goal approved by the City Manager shall become final.
(f) No individual procurement goal for small business participation may exceed fifty percent (50%). If there are no available certified small businesses for the procurement, no goal
will be established.
(g) The established goal shall be applied to the full monetary value of the procurement; no portion of the procurement is exempt from consideration in determining whether the goal was
met or not.
(h) In case of a certified small business submitting a bid as a prime contractor, the small business is credited with meeting the percentage of the procurement goal that the small business
will perform with its own forces plus the percentage of subcontractors awarded to other certified small businesses.
(i) A single purpose joint venture or partnership consisting of a small business where the small business owns and controls at least fifty-one percent (51%) of the entity and a non small
business, functioning as a prime contractor, will be credited with small business participation on the basis of percentage of ownership, participation in the work, risk and profit by
the small business.
(j) Bidders or proposers will receive credit for small business participation goal attainment only for subcontractors who are certified and licensed, if required, in the specific area
of expertise for which credit is sought at the time of bid or proposal opening.
(k) Quotes for small procurements valued at $2,500 to $25,000. Whenever practicable, the procurement official shall obtain quotes from small businesses when they are listed on the computerized
supplier lists by NIGP codes.
(l) Procurement card and other purchases valued at less than $2,500. The procurement official shall encourage the use of small businesses.
(m) For procurements using requests for proposals, the procurement official or, if applicable, evaluation team established to evaluate the proposals, shall consider compliance with the
small business goals as a material criterion for selection, i.e., such goals shall be given significant weight.
(Ord. No. 06-080, ( 2, 10-17-06)
Sec. 2 208. Counting participation of SMBEs.
(a) SMBEs that are owned by SED persons who are not blacks or women may be counted by the bidder towards either SMBE goal.
(b) The entire amount of that portion of a construction contract that is performed by the SMBE's own forces shall be counted, as well as the cost of goods obtained or leased by the SMBE
for the work of the contract (except goods the SMBE subcontractor or joint venture partner purchases or leases from the prime contractor or its affiliate).
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(c) The entire amount of fees or commissions charged by an SMBE for providing a bona fide service, such as professional, technical, consultant or managerial services, or for providing
bonds or insurance specifically required for the performance of a contract, shall be counted, provided the fee is reasonable and not excessive as compared with fees customarily charged
for similar services.
(d) When an SMBE performs as a participant in a joint venture, only the portion of the total dollar value of the contract equal to the distinct, clearly defined portion of the work of
the joint venture's contract that the SMBE performs with its own forces and for which it is separately at risk shall be counted.
(e) Only expenditures to an SMBE that is performing a commercially useful function shall be counted. To determine whether a business is performing a commercially useful function, the
city will evaluate the amount of work subcontracted, industry practices, whether the amount the business is to be paid under the contract is commensurate with the work it is actually
performing and other relevant factors. To perform a commercially useful function, the SMBE must be responsible, with respect to goods used on the contract, for negotiating price, determining
quality and quantity, ordering the goods, installing (where applicable) and paying for the goods itself. An SMBE does not perform a commercially useful function if its role is limited
to that of an extra participant in the contract through which funds are passed in order to obtain the appearance of SMBE participation. If an SMBE subcontracts a greater portion of the
work of a contract than would be expected on the basis of normal industry practice, it is presumed not to perform a commercially useful function. When an SMBE is presumed not to be performing
a commercially useful function, the SMBE may present evidence to rebut this presumption at a time and manner as determined by the City Manager.
(f) One hundred percent (100%) of the cost of the goods obtained from an SMBE manufacturer or regular dealer shall be counted. Manufacturer means a business that operates or maintains
a factory or establishment that produces, on the premises, the goods required under the contract. Regular dealer
means a business that owns, operates, or maintains a store, warehouse, or other establishment in which the goods of the general character described by the specifications or required
under the contract are bought, kept in stock, and regularly sold or leased to the public in the usual course of business. To be a regular dealer, the business must be an established
business that engages, as its principal business and under its own name, in the purchase and sale or lease of the goods. Packagers, manufacture representatives, or other persons who
arrange or expedite transactions are not regular dealers.
(g) One hundred percent (100%) of the fees for the delivery of goods required on a job site shall be counted only if the payment and amount of such fees are customary in the applicable
industry. The cost of the goods shall not be counted towards the fees.
(h) If an SMBE is decertified during its performance of a contract, the dollar value of work performed after it has ceased to be certified shall not be counted.
(i) In determining achievement of project specific goals, the participation of an SMBE shall not be counted until that amount has been paid to the SMBE.
(Ord. No. 06-080, ( 2, 10-17-06)
Sec. 2 209. Contract pre award compliance procedures.
(a) The City Manager may prequalify all bidders or proposers based upon their efforts to meet program objectives prior to the solicitation of bids for construction contracts with an
estimated contract amount over $200,000 and proposals for professional services contracts with an estimated contract amount over $30,000.
(1) The City Manager shall evaluate the bidder's or proposer's past, current and future activities and achievements in utilizing M/WBEs on city projects and private sector projects,
and its recruitment, retention and promotion of minority and women employees and other relevant information.
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(2) The City Manager may refuse to prequalify a bidder or proposer.
(3) The City Manager's denial of prequalification may be appealed to the City Council in writing within seven (7) days of receipt. The City Council's decision shall be final.
(4) That a bidder or proposer is denied prequalification on a contract does not prohibit it from seeking to be prequalified on future contracts.
(5) A prequalified bidder or proposer must make good faith efforts to meet project specific goals.
(b) In all solicitations for which project specific goals have been established, the bidder shall submit a participation plan when required by the City Manager detailing all subcontractors
from which the bidder solicited bids or quotations and its achievement of the project specific goals or its good faith efforts to do so. The plan shall be submitted in accordance with
the schedule and instructions required by the City Manager. If the bidder fails to achieve the project specific goals, documentation of its good faith efforts to do so is due at the
time specified in the solicitation. The list of SMBES provided by the city to a bidder establishes the universe from which a bidder must solicit SMBEs.
(c) Any agreement between a bidder and an SMBE in which the bidder requires that the SMBE not provide subcontracting quotations to other bidders is prohibited.
(d) SMBEs shall respond to relevant requests for quotations.
(e) In determining whether a bidder has made good faith efforts, the performance of other bidders in meeting the project specific goals may be considered.
(f) A signed letter of intent from all listed SMBEs describing the work, including goods and services to be performed or provided by the SMBE and the agreed upon dollar value for bids
or percentage of professional services pursuant to a request for proposals or description of the services to
be rendered pursuant to a request for qualifications shall be due in accordance with the City Manager's instructions.
(g) The City Manager shall review the participation plan prior to award, including the scope of work and the letters of intent from SMBEs. The City Manager may request clarification
in writing of items listed in the participation plan, provided such clarification shall not include the opportunity to augment listed SMBE participation or good faith efforts.
(h) If the City Manager determines that the participation plan demonstrates that the project specific goals have been achieved or good faith efforts were made, or that award is in the
best interest of the city, then the City Manager shall recommend award to the City council.
(i) If the City Manager finds that a bidder did not make good faith efforts, the City Manager shall send notice of the finding to the bidder.
(1) The bidder shall have seven (7) days from receipt of the notice to notify the City Manager of its request for a hearing.
(2) The City Manager shall hold a hearing within fourteen (14) days, and shall control all aspects of the hearing, including scheduling, conduct, witnesses, and evidence, and may request
the attendance of witnesses and production of documents. The bidder's failure to comply promptly with these directions and orders may be grounds for denial of the relief sought.
(3) The City Manager shall send notice to the bidder of the written decision on the appeal within fourteen (14) days of the hearing. The City Manager's decision shall be final.
(Ord. No. 06-080, ( 2, 10-17-06)
Sec. 2 210. Good faith efforts.
(a) Contractors submitting bids or proposals to provide goods, services and construction to the city
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shall attempt to comply with small business participation goals. In the event the goals are not achieved, the contractor must include with its bid evidence of good faith efforts to achieve
the goals. A bidder or proposer may still be selected subject to the provisions of this article, and the city shall consider the following criteria in determining good faith efforts:
(1) Attendance at the pre bid conference, if held;
(2) Whether and when the contractor provided written notice to all certified small businesses that perform the type of work to be subcontracted appearing on the listings by commodity
codes established by NIGP as published by the City Manager and advising the small businesses:
a. Of the specific work the contractor intends to subcontract;
b. That their interest in the contract is being solicited; and
c. How to obtain information for the review and inspection of contract plans and specifications;
(3) Whether the contractor selected feasible portions of work to be performed by small businesses, including, where appropriate, dividing work elements in any manner that maximize the
opportunity for small business participation. The ability of the contractor to perform the work with its own work force will not in itself excuse a contractor from making positive efforts
to meet goals for small business participation on the contract;
(4) Whether the contractor considered all quotations received from small businesses, and for those quotations not accepted, the contractor shall provide a written explanation of why
the small business will not be used during the course of the contract. Receipt of a lower quotation from a non small business will not in itself excuse a contractor's failure to meet
project goals;
(5) Whether the contractor provided interested small businesses assistance in reviewing the contract plans and specifications;
(6) Whether the contractor assisted interested small business businesses in obtaining information regarding required bonding, lines of credit or insurance if such assistance was necessary;
(7) Whether the contractor advertised the subcontracting opportunities in publications of general circulation, trade associations, and small business focused media;
(8) Whether the contractor followed up initial solicitations of interest by contacting small businesses to determine with certainty whether the small business was interested;
(9) Whether the contractor negotiated in good faith with interested small businesses, based on a reasonable investigation of their capabilities;
(10) Whether the contractor effectively used the services of available small business associations (community organizations, contractors business groups); local, state and federal small
business assistance offices; and other organizations that provide assistance in the recruitment and placement of small business businesses;
(11) Whether the contractor has utilized small business subcontractors on other (city and private sector) contracts within six (6) months preceding the date of the specific contract
under consideration;
(12) Whether the contractor's efforts were merely pro forma, given all relevant circumstances, and could not reasonably be expected to provide sufficient small business participation
to meet the goals.
(b) This list is not intended to be all inclusive, and the city will consider the quality, quantity, intensity and timeliness of the contractor's efforts. The City Manager shall develop
procedures and clarifications which provide objective guidelines pertaining to the criteria for determining of good faith efforts.
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(c) It is the responsibility of the contractor to exercise good faith efforts. Any act or omission by the city shall not relieve the bidder or proposer of this responsibility.
(Ord. No. 06-080, ( 2, 10-17-06)
Sec. 2 211. Contracts.
The following shall be included in the body of the contract with the city for the provision of goods, services, and construction:
(a) A provision indicating that this article is incorporated by reference.
(b) A requirement that the contractor shall comply with the commitment to use small businesses made in their proposal or bid. Small businesses that no longer remain associated with the
contract of the contractor shall be replaced with other certified small businesses unless approval to the contrary is granted by the City Manager.
(c) A requirement to maintain relevant records and information necessary to document compliance with this article and to permit the city to inspect and audit such records.
(Code 1979, ( 2 462) (Ord. No. 06-080, ( 2, 10 17 06)
Sec. 2 212. Contract performance compliance procedures.
(a) The Finance Department will establish procedures for monitoring and evaluating program performance and compliance. Failure to comply with the small business requirements of an awarded
contract may result in suspension or debarment of the businesses or individuals involved in accordance with all applicable articles. Contracts shall provide that the participation plan
is binding on the contractor. Project specific goals become elements of performance by the contractor in favor of the city.
(b) The contractor shall provide a listing of all subcontractors to be used in the performance of the
contract, and subcontractor payment information to the city with each request for payment submitted to the city. The director and the user department shall monitor subcontractor participation
during the course of the contract and shall have reasonable access to all contract related documentation held by the contractor relevant to the contract.
(c) After the city and the contractor have executed the contract, the contractor shall not make changes to the participation plan or substitute SMBEs named in the participation plan
without the prior written approval of the City Manager. Unauthorized changes or substitutions shall be a violation of this chapter, and may constitute grounds for rejection of the bid
or proposal, termination of the contract for breach, the withholding of payment and/or subject the contractor to contract penalties or other sanctions. When a change is requested:
(1) All requests for changes or substitutions of the subcontractors named in the participation plan shall be made to the City Manager on a form provided or approved by the city, and
shall clearly and fully set forth the basis for the request. A contractor shall not substitute a subcontractor or perform the work designated for a subcontractor with its own forces
or with any other subcontractor unless and until the City Manager approves such substitution in writing. A contractor shall not allow a substituted subcontractor to begin work until
both the director and the city's project manager have approved the substitution.
(2) The facts supporting the request must not have been known nor reasonably should have been known by either party prior to the submission of the participation plan. The contractor
must negotiate with the subcontractor to resolve the problem. If requested by either party, the city shall facilitate such a meeting. Where there has been a mistake or disagreement about
the scope of work, the SMBE can be substituted only where an agreement cannot be reached on commercially reasonable terms for the correct scope of work.
(3) The City Manager shall allow changes or substitutions of the subcontractor only on the following bases:
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a. Unavailability after receipt of reasonable notice to proceed;
b. Failure of performance;
c. Financial incapacity;
d. Refusal by the subcontractor to honor the bid or proposal price or qualifications description;
e. Mistake of fact or law about the elements of the scope of work of a solicitation where agreement on commercially reasonable terms cannot be reached;
f. Failure of the subcontractor to meet insurance, licensing or bonding requirements; or
g. The subcontractor's withdrawal of its bid or proposal or qualifications description.
(4) The City Manager shall give written notice to the contractor and the affected subcontractor of the decision whether to permit or deny the proposed change or substitution.
(5) Where the contractor has established the basis for the substitution to the satisfaction of the City Manager, or if the city requires the substitution of a subcontractor listed in
the participation plan, the contractor shall make good faith efforts to fulfill the participation plan. The contractor may seek the assistance of the city in obtaining a new SMBE subcontractor.
If the project specific goal(s) cannot be reached and good faith efforts have been made, the contractor may substitute with a non SMBE.
(d) If a contractor plans to hire a subcontractor on any scope of work that was not previously disclosed in the participation plan, the contractor shall obtain the approval of the City
Manager to modify the participation plan and must make new good faith efforts to ensure that SMBEs have a fair opportunity to bid on the new scope of work.
(e) Changes to the scopes of work shall be documented by the user department at the time they
arise, to establish the reasons for the change and the effect on achievement of the SMBE goals.
(f) If the City Manager determines that the contractor has failed to comply with the provisions of the contract, the City Manager shall notify the contractor in writing of the deficiencies.
The contractor shall have fourteen (14) days, or such time as specified in the contract, to cure the deficiencies or establish that there are no deficiencies. If the deficiencies are
not cured, the city shall have the right to take all lawful actions.
(Ord. No. 06-080, ( 2, 10-17-06)
Sec. 2 213. Contract language required.
Every contract let by the city for the performance of work shall contain a provision requiring the prime contractor to certify in writing that all small business subcontractors, sub consultants,
and suppliers have been utilized in accordance with the participation levels provided by the prime contractor at the time of contract and have been paid for work and materials from previous
progress payments received, less any retainage, prior to receipt of any further progress payments. During the contract and upon completion of the contract, the city shall require documentation
from the prime contractor to certify utilization and payment to small business subcontractors, sub consultants or suppliers. This provision in no way creates any contractual relationship
between any subcontractor, sub consultant, or supplier and the city or any liability on the city for the contractor's failure to make timely payment to the subcontractor, sub consultant
or supplier.
(Ord. No. 06-080, ( 2, 10-17-06)
Sec. 2 214. Penalties.
(a) The following violations of this chapter are unlawful and may be prosecuted as a misdemeanor.
(1) Providing false or misleading information to the city in connection with an application for or challenge to certification, recertification or decertification as an SMBE.
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(2) Providing false or misleading information to the city in connection with submission of a bid, responses to requests for qualifications or proposals, good faith efforts documentation,
post award compliance or other program operations.
(3) Substituting SMBE subcontractors without prior approval.
(4) Committing any other violations of this chapter.
(b) A contractor is subject to withholding of payments under the contract, termination of the contract for breach, contract penalties, decertification as an SMBE, or deemed non responsive
or not responsible in future city solicitations and contract awards, if it is found to have:
(1) Provided materially false or misleading information in connection with this chapter, an application for certification or recertification.
(2) Provided false or misleading information in connection with the submission of a bid or proposal or documentation of good faith efforts, post award compliance, or other program operations.
(3) Failed in bad faith to fulfill project specific goals, thereby materially breaching the contract.
(4) Repeatedly failed to comply in good faith with substantive provisions of this chapter.
(Ord. No. 06-080, ( 2, 10-17-06)
Sec. 2 215. SMBE Program Advisory Board.
(a) The city may appoint a board to advise the City Commission on the program and to review proposed changes to this article and make recommendations to the City Commission for modification
of the program.
(b) The advisory board membership shall be appointed by City Commissioners. The City Manager shall serve ex officio.
(c) Members shall serve two year, staggered terms.
(d) Membership shall be composed of the following:
(1) Two (2) SMBE construction business owners or representatives of disadvantaged, minority or women construction trade associations.
(2) One (1) non SMBE construction business owner or representative of general or subcontracting construction trade associations.
(3) Two (2) SMBE professional services business owners or representatives of disadvantaged, minority or women professional services associations.
(4) One (1) non SMBE professional services business owner or representative of professional services associations.
(5) One (1) SMBE non professional services or commodities business owner or disadvantaged, minority or women trade association.
(e) Each member shall serve without compensation and may be removed by the City Commission without cause. All members must be residents of Palm Beach County and preference shall be given
to residents of the city.
(f) A chair and vice chair shall be elected by a majority vote of the Small Business Board and shall serve for a term of one (1) year. The duties of the chair shall be to preside at
Small Business Board meetings. The vice chair shall perform the duties of the chair in the chair's absence.
(g) Meetings of the Small Business Board shall be held at the call of the chair or according to a meeting schedule adopted by the Board. Four (4) members of the Small Business Board
shall constitute a quorum and a majority of the quorum shall be sufficient to take action. The Small Business Board shall adopt such rules for its operation, meetings and proceedings
as it deems desirable.
(Ord. No. 06-080, ( 2, 10-17-06)
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Sec. 2 216. Annual program review.
(a) The City Manager shall make an annual report to the City Commission, detailing the city's performance under the program department by department for the preceding fiscal year.
(b) The City Commission will review this report, including the annual participation goals and the city's progress towards meeting the annual participation goals and eliminating discrimination
in its marketplace, and revise the program as necessary to meet legal and program requirements.
(c) If the City Commission finds that the objectives of the program have been achieved, the City Commission, by super majority vote may discontinue the program.
(Ord. No. 06-080, ( 2, 10-17-06)
Sec. 2 217. Notice.
All notices required or allowed by this chapter shall be in writing and shall be given either by personal delivery, fax, or United States mail, addressed to the last known address of
the addressee. The notice shall be deemed given at the time of actual delivery, if it is personally delivered or sent by fax. If sent by United States mail, it shall be deemed given
upon the third calendar day following the day on which it is deposited with the United States Postal Service.
(Ord. No. 06-080, ( 2, 10-17-06)
Sec. 2 218. Severability.
If any section, subsection, clause, or provision of this chapter is held to be invalid by a court of competent jurisdiction, the remainder of the chapter shall not be affected by such
invalidity.
(Ord. No. 06-080, ( 2, 10-17-06)
Sec. 2 219. Waiver.
(a) Whenever an emergency procurement is authorized by the City Manager pursuant to the
procurement code, the requirements of this article shall be deemed waived.
(b) Whenever the procurement official makes a single source determination pursuant to the procurement code, the requirements of this article shall be deemed waived.
(c) The City Manager may waive compliance with this article if such compliance is no longer possible or practicable during the period of performance of the contract.
(Ord. No. 06-080, ( 2, 10-17-06)
Sec. 2 220. Limitation of remedy.
In the event of a challenge to the granting of any contract to a SMBE by any other party, the sole remedy to the challenging party shall be the costs the challenging party incurred in
preparing its bid or proposal.
(Ord. No. 06-080, ( 2, 10-17-06)
ARTICLE XVI: RESERVED
Editor(s note(Part II, Chapter 2, Article XVI, (Voting by Board Members( as established by Ord. No. 06 085 was repealed by Ord. No. 13 017, ( 2, passed 6 18 13. The City Commission is
regulated by the Palm Beach County Code of Ethics as amended from time to time by Palm Beach County.
[Text continues on page 72]
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Article XVII: RESERVED
Editor(s note(Ord. No. 11-029 is hereby rescinded by Ord. No. 12-017, passed 11-7-12. All provisions regarding lobbyists, lobbyists registration and enforcement of lobbyist activity
previously contained in this Article XVII are repealed. The provisions regarding lobbyist registration shall hereinafter be governed by the Palm Beach County Lobbyist Registration Ordinance
as amended from time to time by Palm Beach County.
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ARTICLE XVIII. RESERVED
Editor(s note(Ord. No. 15 010, ( 2, adopted 3 17 15, repealed Part II, Chapter 2, Article XVIII, (Financial Advisory Committee( which derived from Ord. No. 10 009, as amended by Ord.
No. 11 012 and Ord. No. 12 005, having fulfilled the objectives. Additional review tasks can be handled by the city administration and City Commission in the future.
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