R13-0751 RESOLUTION NO. R13- 07 5 -
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3 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
4 BOYNTON BEACH APPOINTING JAMES D. STOKES, TO SERVE AS
5 SPECIAL MAGISTRATE FOR LOCAL RED LIGHT CAMERA
6 HEARINGS; AUTHORIZING THE CITY MANAGER TO ENTER
7 INTO AN AGREEMENT FOR SPECIAL MAGISTRATE SERVICES;
8 AND PROVIDING FOR AN EFFECTIVE DATE.
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10 WHEREAS, the City Commission has adopted Ordinance No. 13 -019 establishing a
11 I Special Magistrate to preside over local red light camera hearings; and
12 WHEREAS, James D. Stokes, meets the requirements set forth in the City of Boynton
13 Beach Code to serve as Special Magistrate to preside over local red light camera hearings as
14 needed; and
15 WHEREAS, James D. Stokes, does not currently prosecute red light camera
16 violations and do not intend to prosecute such violations in the foreseeable future; and
17 WHEREAS, the City Commission of the City of Boynton Beach, Florida deems it to
18 be in the best interests of the citizens and residents of the City of Boynton Beach to appoint
19 James D. Stokes, to serve as Special Magistrate and to authorize the City Manager to enter
20 into an Agreement for Special Magistrate Services with James D. Stokes.
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21 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
22 1 THE CITY OF BOYNTON BEACH, FLORIDA:
23 Section 1: The foregoing "WHEREAS" clauses are hereby ratified and confirmed
24 as being true and correct, and are incorporated herein by this reference.
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Section 2: That
the City Commission of the City of Boynton Beach,
Florida
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hereby appoints James D.
Stokes, to serve as Special Magistrate and authorizes
the City
27 Manager to enter into an Agreement for Special Magistrate Services with James D. Stokes, a
28 copy of which is attached hereto as Exhibit "A ".
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S \CA \RESO\Reso - Red Light Special Magistrate Appointment(Rev) Doc
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1 Section 3: This resolution shall become effective upon its passage and adoption by the
2 City Commission.
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PASSED AND ADOPTED this
ATTEST:
5 rainito, t M. P MMC
y Clerk
(Corporate Sea])
lD day of Acd rsr , 2013.
CITY OF BOYNTON BEACH
"'y
car — Jerr� Taylor
Azle
'ce Mayor — Woodrow L. Hay
.C.
Commission r %Did T. Merke
Commissioner — Michael VFipa k
1
Commissioner — Joe Casello
2
S \CA\RESO\Reso - Red Light Special Magistrate Appointment(Rev) Doc
01 llb I 4 11 i � I
THIS AGREEMEENT, made and entered into the 3 day of '
2013 by and between:
CITY OF BOYNTON BEACH, a Florida municipal corporation,
having the address, 100 E. Boynton Beach Blvd, Boynton Beach,,
FL 33425 (hereinafter referred to as "CITY"),
F-11 I,
James D. Stokes, a sole practitioner having the business address
100 Rialto Place, Suite 700, Melbourne, FL 32901 (hereinafter
referred to as "SPECIAL MAGISTRATE").
WITNESSETH:
WHEREAS, the City of Boynton Beach ("City") has home rule authority pursuant to
Article VII, Section 2 of the Florida Constitution and Chapter 166, Florida Statutes, to provide
for enforcement of violations of the City's Code of Ordinances and other violations of law
through the use of Special Magistrates; and,
WHEREAS, in 2008, the City Commission adopted Ordinance No. 2008-034, which
authorized the use of unmanned traffic infraction detectors (red light cameras) to enforce red
light violations within the City; and,
WHEREAS, In 2010, the Florida Legislature adopted the "Mark Wandall Traffic Safety
Program," §316.0083, Florida Statutes (the "State Act"), which, among other things, expressly
preempted to the State the subject matter of using unmanned cameras/monitoring devices,
referred to as traffic infraction detectors, in the State Act as defined therein, to enforce violations
of red light indications on traffic control devices as of July 1, 201 and,
WHEREAS, on July 20, 2010, the City Commission adopted Ordinance 2010-015, to
conform the City's Code of Ordinances to the State Act; and,
WHEREAS, during the 2013 Legislative Session, the Florida Legislature passed
legislation, Chapter 2013-160, Laws of Florida, which provides for municipalities to conduct
local hearings for persons that receive Notices of Violation (NOV) and request a hearing to
contest such NOV; and,
WHEREAS, at its meeting of June 18, 2013, the City Commission adopted Ordinance
2013-019 to conform the City's red light camera program to the new State Act; and
WHEREAS, at its meeting of June 18, 2013, the City Commission, pursuant to
Ordinance 2013-019, authorized the City Administration to take all steps necessary to implement
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the red light camera Notice of Violation hearings required by state law, including the hiring of
Special Magistrates; and
WHEREAS, James D. Stokes (hereinafter referred to as the "SPECIAL
MAGISTRATE ") is qualified to serve a Special Magistrate; and
WHEREAS, the SPECIAL MAGISTRATE is not a charter officer of the City of Boynton
Beach; and
WHEREAS, the SPECIAL MAGISTRATE is not an officer pursuant to Article II,
Section 5(a) of the Florida Constitution; and
WHEREAS, the SPECIAL MAGISTRATE serves at the pleasure and at the will of the
City Commission of CITY; and
WHEREAS, CITY and SPECIAL MAGISTRATE wish to enter into this Agreement in
order to set out the terms and conditions of employment related to this appointment;
NOW THEREFORE, in consideration of the mutual terms and conditions, promises, covenants
and payments hereinafter set forth, CITY and James D. Stokes, agree as follows:
Section 1. Recitals. The recitals and findings set forth above are hereby adopted by
reference and incorporated herein as if fully set forth in this section.
Section 2. Services.
A. SPECIAL MAGISTRATE agrees to provide Special Magistrate services by
adjudicating red light camera cases that may be assigned to SPECIAL
MAGISTRATE by CITY. The dates and times of the Special Magistrate hearings
shall be established by the CITY and may be amended from time to time.
SPECIAL MAGISTRATE understands that Special Magistrates will be utilized
for hearings on a rotational basis.
SPECIAL MAGISTRATE is authorized to hear any and all red light camera
matters as specified by Florida law and authorized by the City Code.
B. SPECIAL MAGISTRATE agrees that at the conclusion of each hearing, a written
order, which shall include findings of fact and conclusions of law, shall be
promptly prepared and executed by SPECIAL MAGISTRATE, either
electronically or manually, in the manner specified by the CITY and in
compliance with the State law. The CITY shall be responsible for furnishing a
copy of the order to the applicable parties.
C. SPECIAL MAGISTRATE is an independent contractor under this Agreement.
Services provided by SPECIAL MAGISTRATE shall not be as an officer or an
employee of the CITY.
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D. SPECIAL MAGISTRATE is a member in good standing of the Florida Bar
engaged in the private practice of law.
E. SPECIAL MAGISTRATE has no existing client relationship which would pose a
conflict of interest to his service as a Special Magistrate for CITY. SPECIAL
MAGISTRATE does not currently prosecute red light camera violations in any
form and does not intend to prosecute such violations in the foreseeable future.
Should SPECIAL MAGISTRATE commence prosecution of red light camera
violation cases, SPECIAL MAGISTRATE shall not be permitted to adjudicate the
CITY'S red light camera cases, and this agreement shall terminate immediately
without any further action required by the CITY.
A. CITY agrees to pay SPECIAL MAGISTRATE One Hundred Forty Dollars and
00/100 ($140.00) per hour or fractional part thereof for time spent by the
SPECIAL MAGISTRATE in preparation and research for special Magistrate
hearings, for attendance at such hearings, and if required, for drafting appropriate
orders and documents which result from such hearings.
B. SPECIAL MAGISTRATE agrees to provide CITY with a monthly invoice
outlining the services provided and time billed as SPECIAL MAGISTRATE
under the conditions set forth in this agreement. Such invoice shall be submitted
to: City of Boynton Beach, Attention: Accounts Payable, 100 E. Boynton Beach
Blvd, Boynton Beach, FL 33425.
C. Payment shall be made monthly to the SPECIAL MAGISTRATE at:
James D. Stokes
100 Rialto Place, Suite 700
Melbourne, FL 32901
Section 5. Term of Agreement.
A. This Agreement shall be effective upon the approval of the City Commission and
shall be effective until terminated by the CITY or as otherwise provided herein.
This Agreement with the SPECIAL MAGISTRATE may be terminated at any
time by the City Commission and without cause.
B. The Agreement may be terminated by SPECIAL MAGISTRATE upon thirty (30)
calendar days' written notice to the CITY.
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R13 -075
Section 6. Amendments; Assignments.
A. No modification, amendment or alteration in the terms of conditions of this
Agreement shall be effective unless contained in a written document executed
with the same formality and of equal dignity herewith.
B. SPECIAL MAGISTRATE agrees that the services provided in this Agreement are
personal in nature and may not be assigned or transferred to any other party
without the prior written consent of the CITY.
THE REST OF THIS PAGE HAS BEEN INTENTIONALLY LEFT BLANK.
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IN WITNESS WHEREOF, the CITY OF BOYNTON BEACH AND SPECIAL
MAGISTRATE have caused these present to be executed in their respective names by the proper
officials the day and year first above written.
X"
ATTEST:
Stateof V-
County of'
III , III Id
The foregoing instrument was acknowledged before me, the undersigned Notary Public
in and for the State of Florida, on this, the 1 0 1 day of PA,& � - V, 2013 by
(Magistrate), Esquire.
WITNESS my hand
and official seal
Notary Public, State of
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My oMMISSION # DD 911
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Bonded Iblu 4;t� pd& UndwI Printed, typed or stamped name of Notary Public
exactly as commissioned
Personally known to me, or
Produced identification:
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(type of identification produced)