03-25-10 Annual Org MeetingCITY COMMISSION
CITY OF DELRAY BEACH, FLORIDA
ORGANIZATIONAL MEETING -THURSDAY, MARCH 25, 2010
6:00 P.M. DELRAY BEACH CITY HALL
The City will furnish appropriate auxiliary aids and services where necessary to afford an individual with a disability an equal
opportunity to participate in and enjoy the benefits of a service, program, or activity conducted by the City. Contact Doug Smith at 243-
7010, 24 hours prior to the program or activity in order for the City to reasonably accommodate your request. Adaptive listening devices
are available for meetings in the Commission Chambers.
Call to Order/Commission Roll Call
2. Pledge of Allegiance to the Flag
3. Oath of Office administered to Newly-Elected City Commission Members:
Commissioner Fred Fetzer
Commissioner Angeleta E. Gray
4. Roll Call Newly Sworn-in Commission
Selection of Vice-Mayor (for the term March 25, 2010 through March 31, 2011)
6. Selection of Deputy Vice-Mayor (for the term March 25, 2010 through March 31, 2011)
7. Review and Acceptance of regularly scheduled City Commission Meeting dates for the period April 2010
through March 2011
Confirm a date for the 2010 Goal Setting Session
9. Review and Adoption of Rules of Procedure -Delray Beach City Commission (Local Rules)
10. Review and Adoption of Rules of Procedure for Quasi Judicial Hearings
11. Review of City Commission Liaison Appointments to various Advisory Boards and outside agencies
12. Consideration of Request from Downtown Development Authority
13. Commission Comments
Please be advised that if a person decides to appeal any decision made by the City Commission with respect to any matter considered at
this meeting, such person will need to ensure that a verbatim record includes the testimony and evidence upon which the appeal is based.
The City neither provides nor prepares such record.
MEMORANDUM
TO: Mayor and City Commissioners
FROM: Chevelle D. Nubia, City Clerk
THROUGH: David T. Harden, City Manager
DATE: March 15, 2010
SUBJECT: AGENDA ITEM 7. -ORGANIZATIONAL MEETING OF MARCH 25, 2010
REVIEW AND ACCEPTANCE OF REGULARLY SCHEDULED CITY COMMISSION
MEETING DATES
ITEM BEFORE COMMISSION
This item is before the Commission for review and discussion regarding the meeting dates for the
period Apri12010 through March 2011.
BACKGROUND
Below is the list of the regularly scheduled City Commission meeting dates for April 2010 through
March 2011:
City Commission Meetings:
Apri106, 2010-Regular Meeting
April 13, 2010-Workshop
Apri120, 2010- Regular Meeting
May 04, 2010-Regular Meeting
May 11, 2010-Workshop
May 18, 2010-Regular Meeting
June O1, 2010-Regular Meeting
June 08, 2010-Workshop
June 15, 2010-Regular Meeting
July 06, 2010-Regular Meeting
July 13, 2010-Workshop
July 20, 2010-Regular Meeting
August 03, 2010-Regular Meeting
August 10, 2010-Workshop
August 17, 2010-Regular Meeting
September 07, 2010-Regular Meeting (Tentative Budget Hearing)
September 14, 2010-Workshop
September 21, 2010-Regular Meeting (Final Budget Hearing)
October O5, 2010-Regular Meeting
October 12, 2010-Workshop
October 19, 2010-Regular Meeting
November 02, 2010-Regular Meeting (Election Day)
November 09, 2010-Workshop
November 16, 2010-Regular Meeting
December 07, 2010-Regular Meeting
December 14, 2010-Regular Meeting
January 04, 2011-Regular Meeting
January 11, 2011-Workshop
January 18, 2011-Regular Meeting
January 25, 2011- ANNUAL CITIZEN'S ROUNDTABLE-7 PM Old School Square
February O1, 2011-Regular Meeting
February 08, 2011-Workshop
February 15, 2011-Regular Meeting
March O1, 2011-Regular Meeting
March 08, 2011-MUNICIPAL ELECTION
March 10, 2011-Special Meeting
March 15, 2011-Regular Meeting
March 31, 2011-ANNUAL ORGANIZATIONAL MEETING
RECOMMENDATION
Recommend Commission review and acceptance of the City Commission meeting dates for the period
Apri12010 through March 2011.
Year 2010 Calendar -United States
Page 1 of 2
Calendar for year 2010 (United States)
January
Su Mo Tu We Th Fr Sa
1 2
3 4 5 6 7 8 9
10 11 12 13 14 15 16
17 18 19 20 21 22 23
24 25 26 27 28 29 30
31
7:~ 15:~ 23:~ 30:~
April
Su Mo Tu We Th Fr Sa
1 2 3
4 5 6 7 8 9 10
11 12 13 14 15 16 17
18 19 20 21 22 23 24
25 26 27 28 29 30
6:~ 14:~ 21:~ 28:~
July
Su Mo Tu We Th Fr Sa
1 2 3
4 5 6 7 8 9 10
11 12 13 14 15 16 17
18 19 20 21 22 23 24
25 26 27 28 29 30 31
4:~ 11:~ 18:~ 25:~
October
Su Mo Tu We Th Fr Sa
1 2
3 4 5 6 7 8 9
10 11 12 13 14 15 16
17 18 19 20 21 22 23
24 25 26 27 28 29 30
31
7:~ 14:~ 22:~ 30:~
February
Su Mo Tu We Th Fr Sa
1 2 3 4 5 6
7 8 9 10 11 12 13
14 15 16 17 18 19 20
21 22 23 24 25 26 27
28
5:~ 13:~ 21:~ 28:~
May
Su Mo Tu We Th Fr Sa
1
2 3 4 5 6 7 8
9 10 11 12 13 14 15
16 17 18 19 20 21 22
23 24 25 26 27 28 29
30 31
6:~ 13:~ 20:~ 27:~
August
Su Mo Tu We Th Fr Sa
1 2 3 4 5 6 7
8 9 10 11 12 13 14
15 16 17 18 19 20 21
22 23 24 25 26 27 28
29 30 31
3:~ 9:~ 16:~ 24:~
November
Su Mo Tu We Th Fr Sa
1 2 3 4 5 6
7 8 9 10 11 12 13
14 15 16 17 18 19 20
21 22 23 24 25 26 27
28 29 30
6:~ 13:~ 21:~ 28:~
March
Su Mo Tu We Th Fr Sa
1 2 3 4 5 6
7 8 9 10 11 12 13
14 15 16 17 18 19 20
21 22 23 24 25 26 27
28 29 30 31
7:~ 15:~ 23:~ 29:~
June
Su Mo Tu We Th Fr Sa
1 2 3 4 5
6 7 8 9 10 11 12
13 14 15 16 17 18 19
20 21 22 23 24 25 26
27 28 29 30
4:~ 12:~ 19:~ 26:~
September
Su Mo Tu We Th Fr Sa
1 2 3 4
5 6 7 8 9 10 11
12 13 14 15 16 17 18
19 20 21 22 23 24 25
26 27 28 29 30
1:~ 8:~ 15:~ 23:~ 30:~
December
Su Mo Tu We Th Fr Sa
1 2 3 4
5 6 7 8 9 10 11
12 13 14 15 16 17 18
19 20 21 22 23 24 25
26 27 28 29 30 31
5:~ 13:~ 21:~ 27:~
Holidays and Observances:
Jan 1 New Year's Day
Jan 13 Stephen Foster Memorial Day
Jan 18 Martin Luther King Day
Feb 1 National Freedom Day
Feb 14 Chinese New Year
Feb 14 Valentine's Day
Feb 15 Presidents' Day
Feb 16 Shrove Tuesday/Mardi Gras
Aug 19 National Aviation Day
Sep 6 Labor Day
Sep 9 Rosh Hashana
Sep 11 Carl Garner Federal Lands Cleanup Day
Sep 11 Patriot Day
Sep 12 National Grandparents Day
Sep 17 National POW/MIA Recognition Day
Sep 17 Constitution Day and Citizenship Day
http://www.timeanddate.com/calendar/print.html?year=2010&country=l &cols=3&ho1=20... 3/17/2010
Year 2010 Calendar -United States
Mar 30 First day of Passover
Apr 2 Good Friday (CT, HI, TN)
Apr 4 Easter Sunday
Apr 5 Easter Monday
Apr 6 Last day of Passover
Apr 15 Tax Day
May 1 Law Day
May 1 Loyalty Day
May 6 National Day of Prayer
May 9 Mother's Day
May 15 Peace Officers Memorial Day
May 15 Armed Forces Day
May 21 National Defense Transportation Day
May 22 National Maritime Day
May 31 Memorial Day
Jun 14 Flag Day
Jun 20 Father's Day
Jul 4 Independence Day
Jul 5 'Independence Day' observed
Jul 25 Parents' Day
Sep 18 Yom Kippur
Sep 26 Gold Star Mother's Day
Sep 29 Last day of Sukkot
Oct 4 Child Health Day
Oct 11 Columbus Day (Most regions)
Oct 15 White Cane Safety Day
Oct 31 Halloween
Nov 2 Election Day
Nov 11 Veterans Day
Nov 25 Thanksgiving Day
Dec 2 First Day of Chanukah
Dec 7 Pearl Harbor Remembrance Day
Dec 9 Last day of Chanukah
Dec 17 Wright Brothers Day
Dec 17 Pan American Aviation Day
Dec 24 'Christmas Day' observed
Dec 24 Christmas Eve
Dec 25 Christmas Day
Dec 31 'New Year's Day' observed
Page 2 of 2
Calendar generated on www.timeanddate.com/calendar
http://www.timeanddate.com/calendar/print.html?year=2010&country=l &cols=3&ho1=20... 3/17/2010
Year 2011 Calendar -United States
Page 1 of 2
Calendar for year 2011 (United States)
January
Su Mo Tu We Th Fr Sa
1
2 3 4 5 6 7 8
9 10 11 12 13 14 15
16 17 18 19 20 21 22
23 24 25 26 27 28 29
30 31
4:~ 12:~ 19:~ 26:~
April
Su Mo Tu We Th Fr Sa
1 2
3 4 5 6 7 8 9
10 11 12 13 14 15 16
17 18 19 20 21 22 23
24 25 26 27 28 29 30
3:~ 11:~ 17:~ 24:~
July
Su Mo Tu We Th Fr Sa
1 2
3 4 5 6 7 8 9
10 11 12 13 14 15 16
17 18 19 20 21 22 23
24 25 26 27 28 29 30
31
1:~ 8: ~ 15:~ 23:~ 30:~
October
Su Mo Tu We Th Fr Sa
1
2 3 4 5 6 7 8
9 10 11 12 13 14 15
16 17 18 19 20 21 22
23 24 25 26 27 28 29
30 31
3:~ 11:~ 19:~ 26:~
February
Su Mo Tu We Th Fr Sa
1 2 3 4 5
6 7 8 9 10 11 12
13 14 15 16 17 18 19
20 21 22 23 24 25 26
27 28
2:~ 11:~ 18:~ 24:~
May
Su Mo Tu We Th Fr Sa
1 2 3 4 5 6 7
8 9 10 11 12 13 14
15 16 17 18 19 20 21
22 23 24 25 26 27 28
29 30 31
3:~ 10:~ 17:~ 24:~
August
Su Mo Tu We Th Fr Sa
1 2 3 4 5 6
7 8 9 10 11 12 13
14 15 16 17 18 19 20
21 22 23 24 25 26 27
28 29 30 31
6:~ 13:~ 21:~ 28:~
November
Su Mo Tu We Th Fr Sa
1 2 3 4 5
6 7 8 9 10 11 12
13 14 15 16 17 18 19
20 21 22 23 24 25 26
27 28 29 30
2:~ 10:~ 18:~ 25:~
March
Su Mo Tu We Th Fr Sa
1 2 3 4 5
6 7 8 9 10 11 12
13 14 15 16 17 18 19
20 21 22 23 24 25 26
27 28 29 30 31
4:~ 12:~ 19:~ 26:~
June
Su Mo Tu We Th Fr Sa
1 2 3 4
5 6 7 8 9 10 11
12 13 14 15 16 17 18
19 20 21 22 23 24 25
26 27 28 29 30
1:~ 8:~ 15:~ 23:~
September
Su Mo Tu We Th Fr Sa
1 2 3
4 5 6 7 8 9 10
11 12 13 14 15 16 17
18 19 20 21 22 23 24
25 26 27 28 29 30
4:~ 12:~ 20:~ 27:~
December
Su Mo Tu We Th Fr Sa
1 2 3
4 5 6 7 8 9 10
11 12 13 14 15 16 17
18 19 20 21 22 23 24
25 26 27 28 29 30 31
2:~ 10:~ 17:~ 24:~
Holidays and Observances:
Jan 1 New Year's Day
Jan 13 Stephen Foster Memorial Day
Jan 17 Martin Luther King Day
Feb 1 National Freedom Day
Feb 3 Chinese New Year
Feb 14 Valentine's Day
Feb 21 Presidents' Day
Mar 8 Shrove Tuesday/Mardi Gras
Aug 19 National Aviation Day
Sep 5 Labor Day
Sep 10 Carl Garner Federal Lands Cleanup Day
Sep 11 Patriot Day
Sep 11 National Grandparents Day
Sep 16 National POW/MIA Recognition Day
Sep 16 'Constitution Day and Citizenship Day' observed
Sep 17 Constitution Day and Citizenship Day
http://www.timeanddate.com/calendar/print.html?year=2011 &country=l &cols=3&ho1=20... 3/17/2010
Year 2011 Calendar -United States
Apr 15 Tax Day
Apr 19 First day of Passover
Apr 22 Good Friday (CT, HI, TN)
Apr 24 Easter Sunday
Apr 25 Easter Monday
Apr 26 Last day of Passover
May 1 Loyalty Day
May 1 Law Day
May 5 National Day of Prayer
May 8 Mother's Day
May 15 Peace Officers Memorial Day
May 20 National Defense Transportation Day
May 21 Armed Forces Day
May 22 National Maritime Day
May 30 Memorial Day
Jun 14 Flag Day
Jun 19 Father's Day
Jul 4 Independence Day
Jul 24 Parents' Day
Sep 25 Gold Star Mother's Day
Sep 29 Rosh Hashana
Oct 3 Child Health Day
Oct 8 Yom Kippur
Oct 10 Columbus Day (Most regions)
Oct 15 White Cane Safety Day
Oct 19 Last day of Sukkot
Oct 31 Halloween
Nov 11 Veterans Day
Nov 24 Thanksgiving Day
Dec 7 Pearl Harbor Remembrance Day
Dec 17 Pan American Aviation Day
Dec 17 Wright Brothers Day
Dec 21 First Day of Chanukah
Dec 24 Christmas Eve
Dec 25 Christmas Day
Dec 26 'Christmas Day' observed
Dec 28 Last day of Chanukah
Page 2 of 2
Calendar generated on www.timeanddate.com/calendar
http://www.timeanddate.com/calendar/print.html?year=2011 &country=l &cols=3&ho1=20... 3/17/2010
MEMORANDUM
TO: Mayor and City Commissioners
FROM: David T. Harden, City Manager
DATE: March 18, 2010
SUBJECT: AGENDA ITEM 8. -ORGANIZATIONAL MEETING OF MARCH 25, 2010
ESTABLISH A DATE FOR THE 2010 AND 2011 GOAL SETTING SESSIONS
ITEM BEFORE COMMISSION
This item is before Commission regarding discussion of the 2010 Commission Goal Setting Session.
BACKGROUND
The City Commission has previously discussed not having a Commission Goal Setting Session with
Lyle Sumek this year, but the possibility of retaining the Goal Setting Session has also been brought
up. If the Commission elects to proceed with Goal Setting this year, April 20, 2010 is the current date
that is still reserved with Lyle Sumek.
Even though I believe Goal Setting is not necessarily needed every year, there are some reasons to do it
this year. Attached are the Top Priority and High Priority Policy Agenda items for 2009-10. Some
additional action may be desired in a couple of cases, but all the Top Priority and many of the High
Priority items have been completed. To keep our staff efforts properly focused it would be very
beneficial to have new lists of priority items to address. In addition, Commissioner Gray has not had
the benefit of participating in this process.
The Goal Stetting/Strategic Planning process costs about $8,000. Although this funding was not
included in the budget, it is a small enough amount that we can find the funds if the Commission
decides to proceed with the Goal Setting process.
If the Commission decides to have a Goal Setting Session facilitated by Lyle Sumek this year,
Commission is requested to either confirm the Apri120, 2010 date or request a different date.
RECOMMENDATION
Staff requests Commission direction regarding whether to have a Commission Goal Setting Session for
2010 and if so, confirm or change the date of Apri120.
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MEMORANDUM
TO: Mayor and City Commissioners
FROM: Chevelle D. Nubia, City Clerk
THROUGH: David T. Harden, City Manager
DATE: March 16, 2010
SUBJECT: AGENDA ITEM 9. -ORGANIZATIONAL MEETING OF MARCH 25, 2010
REVIEW AND ADOPTION OF RULES OF PROCEDURE - DELRAY BEACH CITY
COMMISSION (LOCAL RULES)
ITEM BEFORE COMMISSION
Attached for your review are the Rules of Procedure for the City Commission for consideration at the
Organizational Meeting on March 25, 2010.
BACKGROUND
These rules were adopted by City Commission on August 4, 2009.
The action requested is formal adoption of the Rules of Procedure (Local Rules) for the ensuing year,
with any modifications the Commission may deem necessary or appropriate.
RECOMMENDATION
Recommend approval and adoption of the Rules of Procedure for the City Commission.
RULES OF PROCEDURE - DELRAY BEACH CITY COMMISSION
I. GENERAL PARLIAMENTARY RULES.
The general parliamentary procedure to be followed by the CitS~ Commission of the City of
Delray Beach, Florida, except as otherwise modified by the CitS~ Commission or as modified
or amended herein, shall be in accordance with the rules of parliamentary procedures
entitled "Robert's Rules of Order", being the reprint of the 1907 edition.
II. LOCAL RULES.
A. The following Local Rules of Procedure shall be applicable to the organization and
conduct of business, as well as preparation and publication of agendas, of the City
Commission of the City of Delray Beach, Florida. To the extent these Local Rules shall
modify or conflict with the standard "Robert's Rules of Order" as adopted above, these
Local Rules shall prevail to the extent of their conflict or inconsistency with "Robert's
Rules of Order". In addition to these local rules, rules for quasi judicial proceedings
shall apply to proceedings which require quasi judicial hearings.
1. Regular meetings of the CitS~ Commission shall be held on the first and third
Tuesdays of each month, with the exception of the month of December and any
Delray Beach municipal election dates, at 6:00 p.m., in City Hall. During the month
of December only, the regular CitS~ Commission meetings shall occur on the first and
second Tuesdays at 6:00 p.m. at City Hall. There shall be no regular City
Commission meeting on the date of a Delray Beach municipal election. A meeting
that would otherwise have been scheduled for such date shall be held on the
Thursday immediately following the election at 6:00 p.m. at City Hall.
2. Workshop meetings of the City Commission shall be held on the second Tuesday of
each month at 6:00 p.m. in CitS~ Hall, except that there shall be no workshops in the
month of December.
3. All regular City Commission meetings shall be held in the City Commission
Chambers at City Hall, unless otherwise designated by the City Commission. All
workshop CitS~ Commission meetings will be held in either the First Floor
Conference Room or the Commission Chambers at CitS~ Hall, as determined by the
City Manager. All meetings of the City Commission shall end by 11:00 p.m. unless
extended beyond 11:00 p.m. by a majority vote of the CitS~ Commission. Thereafter,
the meeting shall end upon the conclusion of each hour (12:00, 1:00, etc.), unless
extended by a majority vote of the City Commission for each hour. Any unfinished
business shall be considered at a time and place set by the CitS~ Commission.
4. There may also be special workshop meetings at such other times as so designated in
advance by the City Commission for the purposes of holding joint meetings with
City boards, etc., to include receiving annual reports and presentations from the
City's boards, committees, agencies and authorities, or for such other purposes as
may be deemed necessary or desirable by the City Commission.
5. Special meetings shall be called at the request of the Mayor in accordance with the
provisions of the CitS~ Charter and the Code of Ordinances.
6. To the extent compatible with the conduct of business, all workshop meetings shall
be held on an informal basis. The applicability of the City's general rules shall not be
strictly applied. Public comments after presentations will be limited to three (3)
minutes at the Mayor's discretion or by consensus of the City Commission.
7. Although appropriate members of the City Attorney's Office and City
Administration may place items on either the workshop or the regular agendas, all
regular agendas shall be subject to review in advance by the Mayor prior to their
publication, except that a majority of the members of the City Commission may
request that the City Manager's office place or remove an item on such regular
agendas, and that all such regular agendas shall be further subject to the approval of
the CitS~ Commission preceding the conduct of business at each such meeting.
If the Commission or any of its members wish to place or remove an item on an
agenda, or if any member of the Commission has a question or concern about an
item, any such request or inquiry shall be directed to the City Manager's office for
disposition as opposed to any Commission member contacting any CitS~ officer or
employee who is subject to the direction and supervision of the CitS~ Manager.
8. With regard to the agenda for regular City Commission meetings, the following shall
apply:
a. To the extent possible, the City Administration shall group all matters by subject
area, and shall place as many as possible on the consent portion of the agenda.
b. The agenda format shall be generally as follows: A call to order, invocation,
pledge of allegiance, formal approval of the agenda, formal approval of minutes,
proclamations and presentations, if any, the consent agenda, the regular agenda,
public hearings, public comments and inquiries from the floor concerning items
not on the approved agenda, first readings of ordinances, followed by items not
specifically on the published agenda from the City Manager, the City Attorney,
and members of the CitS~ Commission. The public hearing segment of the
agenda shall be duly advertised for and shall commence at 7:00 p.m. or as soon
thereafter as possible.
c. Any items received during the non-agendaed items section of the regular agenda
may, at the discretion of the Commission, be discussed by the CitS~ Commission
at the time of such presentation, may be directed by the Commission to the City
Manager for action or resolution, or may be added to a subsequent workshop
agenda if a member of the City Commission so specifically requests.
d. (1) Votes taken on ordinances, resolutions and motions shall be by roll call and
shall be recorded by the City Clerk. The roll call shall be on a rotating basis and
according to the numbered Commission seats, i.e.:
Motion A -Order of rotation: Seat 1, Seat 2, Seat 3, Seat 4, Seat 5
Motion B -Order of rotation: Seat 2, Seat 3, Seat 4, Seat 5, Seat 1
Motion C -Order of rotation: Seat 3, Seat 4, Seat 5, Seat 1, Seat 2, etc.
(2) There shall be no votes taken on any non-published/non-agendaed items,
except upon the declaration of an emergency. The declaration of emergency
shall only be determined upon the affirmative vote of no less than four (4)
members, or a unanimous vote if only three (3) City Commission members
are present and voting on such motion. These rules are not intended to and
shall not supersede the procedures and requirements of the City Charter,
Code of Ordinances or State Statute with regard to emergency matters for
consideration by the City Commission.
e. All public input on agendaed or non-agendaed items shall be limited to not more
than three (3) minutes per person, subject to an extension of such time upon the
formal approval by a majority vote of the City Commission members present
and voting on such request for extension of time.
£ The Mayor shall have the authority to limit immaterial, unnecessary or redundant
presentations or requests.
g. Public input on agendaed items, other than those that are specifically set for a
formal public hearing, shall be allowed when agreed by consensus of the City
Commission.
III. CITY BOARD, COMMITTEE, COMMISSION AND AGENDA
APPOINTMENTS.
A. All appointments to city boards, commissions and committees whose members are not
subject to appointment by other entities, and in accordance with any applicable
restrictions b~~ State Statute, shall be made in accordance with the following procedures:
1. All vacancies subject to appointment to such city boards, commissions and
committees shall be made on a nomination basis b~~ each of the members of the City
Commission. This nomination shall be construed to be a Motion to Appoint, which
must be seconded b~~ another member of the City Commission then present and
voting, and then adopted by an affirmative vote of no less than three (3) votes. A
Commissioner ma~~ defer an appointment to the next regular meeting. If a
Commissioner is not read~~ to make an appointment at the next regular meeting then
the nomination shall rotate to the next appropriate Commissioner.
If a Commissioner makes anomination/motion and this motion either fails for lack
of a second or does not receive a sufficient number of affirmative votes, then that
Commissioner shall have one additional opportunity to make a secondary
nomination for this vacanc~~ at this same meeting or the next successive regular
meeting. If that appointment should also fail for lack of a second to the nomination
or b~~ not receiving sufficient affirmative votes, then the nomination shall rotate to
the next appropriate Commissioner.
2. The rotation s~~stem shall be b~~ numbered Commission seat and insofar as possible,
each Commission seat shall be assigned an equal number of initial appointments
from the date of adoption of these rules, i.e.:
Board A -Order of Rotation: Seat 1, Seat 2, Seat 3, Seat 4, Seat 5
Board B -Order of Rotation: Seat 2, Seat 3, Seat 4, Seat 5, Seat 1
Board C -Order of Rotation: Seat 3, Seat 4, Seat 5, Seat 1, Seat 2
3. A separate rotation list shall be established b~~ the CitS~ Clerk's office for each such
City board, commission or committee, and the City Clerk's office shall maintain
records of the rotation list, the status of same, and the nominations made by each
Commissioner. In the instance where a vacancy is available at a City Commission
meeting where the Commissioner who is next on the rotation is absent, then the CitS~
Commission shall postpone this appointment to the next regular meeting. Should
this Commissioner not be present at the subsequent meeting, then the nomination
ability shall pass to the next Commissioner on the rotation s~~stem present at that
meeting.
4. In the event that an individual, duly nominated and appointed to a board,
commission or committee by a Commissioner at a City Commission meeting, is
unable to accept or declines the appointment, for whatever reason, then the
Commissioner who appointed the individual unable to serve shall have the
opportunity to nominate a replacement appointee to fill the vacancy before the
nomination ability passes to the next Commissioner on the rotation system. Such
replacement appointment shall be made no later than the second regular meeting
subsequent to the meeting at which the declined appointment was made. If the
replacement appointment is not made within this time frame, then the nomination
ability shall pass to the next Commissioner on the rotation system.
5. Appointments for vacancies occurring on a board wherein the particular member
has, for whatever reason, not fulfilled their entire term of membership on that
particular board, commission or committee, shall be to complete the unexpired term
only.
6. The CitS~ Commission retains the right to waive these requirements by the affirmative
vote of no less than four (4) members of the City Commission under circumstances
that would be in the best interest of the City (or a unanimous vote if only three
members of the City Commission are present and voting on such motion).
7. These rules, when adopted, shall supersede any other general rules or local rules
which are inconsistent herewith, to the extent of such inconsistency.
Approved and adopted by the City Commission of the City of Delray Beach, Florida, at the Regular
City Commission Meeting held on March 25, 2010.
ATTEST:
Chevelle D. Nubin, CMC
City Clerk
Note: Local Rules as adopted by City Commission March 25, 2010.
MEMORANDUM
TO: Mayor and City Commissioners
FROM: Chevelle D. Nubia, City Clerk
THROUGH: David T. Harden, City Manager
DATE: March 15, 2010
SUBJECT: AGENDA ITEM 10. -ORGANIZATIONAL MEETING OF MARCH 25, 2010
REVIEW AND ADOPTION OF PROCEDURES FOR QUASI-JUDICIAL HEARINGS
ITEM BEFORE COMMISSION
Attached for your review are the Procedures for Quasi-Judicial Hearings for the City Commission as
they are proposed for consideration at the Organizational Meeting on March 25, 2010.
BACKGROUND
These procedures were adopted by City Commission on March 26, 2009 and there have been no
changes.
The action requested is formal adoption of the Procedures for Quasi-Judicial Hearings for the ensuing
year, with any modifications the Commission may deem necessary or appropriate.
RECOMMENDATION
Recommend approval and adoption of the Procedures for Quasi-Judicial Hearings.
City of Delray Beach Procedures for Quasi-Judicial Hearings
1. Definitions:
A. Applicant -the owner of record or his or her authorized agent.
B. Citizen Participants -those members of the general public, other than
the City, the Applicant, or other Party to the proceeding, who attend a
quasi-judicial public hearing for the purpose of being heard on a particular
application.
C. Ex Parte -communications, oral or written, between members serving on
the board or commission and the public, other than those made on the
record at the hearing.
D. Party -the owner of property located within 500 feet of the property that is
the subject of the application and who meets the additional requirements
set forth in Section 3. B below.
E. Quasi-Judicial Proceedings -proceedings where existing policies and
regulations are applied to a specific property. Examples are site specific
rezonings, conditional use approvals, site plan approvals, waivers and
variances, plat approvals, certificates of appropriateness, historic
designations, but not land use amendments or amendments to the
comprehensive plan and not generally, amendments to the Land
Development Regulations.
F. Relevant Evidence -evidence that either strengthens or weakens the
application by supporting or disapproving factual assertions related to the
application.
2. General Procedures for City Commission Consent Items.
A. Consent Agenda Items. Applications before the City Commission for plat
approval, variances, or waivers may be placed on the consent agenda, if
the Applicant signs a statement that the Applicant concurs with the Staff
recommendation.
B. Removal from Consent Agenda. The Applicant, the Mayor, any
Commissioner, or any member of the public may request that an
application for approval of a plat, waiver, or variance be removed from the
City Commission consent agenda. If removed, the application will be
placed on the next regular City Commission meeting for a quasi judicial
hearing, or if the Applicant consents, the hearing may take place at the
meeting the application was removed from the consent agenda.
3. General Processing for Hearings.
A. File/Inspection.
(1) Establishing the File. The Planning and Zoning Department shall
establish a project file. All written communications shall be sent to
the Planning and Zoning Department. The project file will be
maintained in the Planning and Zoning Department.
(2) Contents of the File. The project file will contain all written
communications that are sent to the Planning and Zoning
Department prior to the hearing. The project file will include, but not
be limited to, all Staff reports, pertinent sections of the Land
Development Regulations and Comprehensive Plan. The file will
contain curricula vitae, drawings, documents and all other pertinent
documents.
(3) Index. The Planning and Zoning Department staff will provide the
City Clerk or Board clerk with an index to the project file at the
Hearing.
(4) Supplementation of the File. The City Clerk or Board clerk will
supplement the project file with all documents submitted at the
hearing.
(5) File for Inspection. The project file will be made available upon
request for public inspection.
(6) File Placed into the Record. The Planning and Zoning Staff
member making the presentation shall place the project file into the
record at the hearing.
2
B. Party Status
(1) Party Status -Written Requests; Timeframe. In order to obtain
status as a Party, the owner of property located within 500 feet of
the subject property must make a written request, meeting the
requirements of 3B(2) below, which is received by the Planning and
Zoning Department three or more business days prior to the
hearing.
(2) Contents of Request. The written request shall outline the effect
of the application on the owner's property. To obtain Party status,
the owner must describe the effect of the application on owner's
property that is different from the effect on the public as a whole.
The City Attorney's Office will advise as to whether sufficient facts
have been alleged to achieve Party status and shall notify the
person requesting Party status of the City Attorney's opinion as to
the adequacy of the request. Ultimate decisions as to Party status
shall be made by the City Commission or the Board. The decision
to confer Party status at the hearing before the City Commission or
a Board shall not be seen as a waiver of the City's right to contest
the standing of any Party in court.
C. Time Limits
(1) Staff Time Limits. The City Staff shall have up to 20 minutes
(including the presentation of witnesses and expert witnesses) to
present the City's case.
(2) Applicant Time Limits. The Applicant shall have up to 20 minutes
(including the presentation of witnesses and expert witnesses) to
present the Applicant's case.
(3) Party Time Limits. A Party may have up to 20 minutes (including
the presentation of witnesses and expert witnesses).
(4) Citizen Participants in General. Citizen participants not
represented by a representative speaker shall have three (3)
minutes to speak.
(5) Participants with a Representative. Speakers representing a
group of six (6) or more interested citizens in attendance at the
meeting shall have six (6) minutes to speak, as long as those being
represented identify themselves and yield their time to the
representative at the meeting.
3
(6) Representing an Organization. Speakers representing an
organization that is comprised of interested citizens shall have six
(6) minutes to speak.
(7) Extension of Time by the Commission or Board. The
Commission or the Board may, at their discretion, extend the time
for presentations.
4. Conduct of the Hearing.
A. Swearing in of Witnesses. All Witnesses, Parties, the Applicant, Citizen
Participants and their representatives and City Staff who plan to speak at
the hearing shall collectively be sworn at the beginning of the hearing by
the City Clerk, the City Clerk's designee, or the Board clerk.
B. Disclosure of Ex Parte Communications. The Commission or Board
shall disclose any ex parte communications and disclose whether any
member physically inspected the property. To the extent possible, the
Commissioner or Board member shall identify with whom the
communication took place, summarize the substance of the
communication, and the date of the site visit, if any. The Commissioners
or Board members shall give the City Clerk, his or her designee, or Board
clerk, any written ex parte communications they have received that are not
already included in the project file.
C. Presentation of the Case.
1. The City Staff shall present its case.
2. The Applicant shall present its case.
3. Parties may present their case.
4. Citizen participants or their representatives may speak for or
against the application.
5. The opportunity to cross-examination will occur after the
presentation of a witness, and the manner and the conduct of
cross-examination shall be as provided in these rules.
6. The City Staff, the Applicant, and Parties may have two minutes
each for rebuttal.
7. The Commission or Board may ask questions at any time during
the proceeding.
8. The Commission or Board will commence deliberations and render
a decision.
4
D. Basis of Decision. All decisions shall be based on the evidence
presented at the hearing on the case, which shall include the agenda
materials, minutes, the entire project file, testimony presented, and other
evidence presented. Strict rules of evidence shall not apply, but evidence
must be relevant to the issues before the Commission or the Board.
5. Cross-examination.
A. Persons to be Cross-Examined. The City Staff, the Applicant, Parties,
their respective witnesses and
examination as set forth herein.
Citizen Participants are subject to cross-
B. Cross-Examination Guidelines.
1. Citizen Participants are subject to cross-examination by the Mayor
or Board Chair only. In the event of an absence of the Mayor or
Board Chair, the term Mayor or Board Chair shall be deemed to
include the person authorized to run the meeting in their absence.
If the Staff, the Applicant, or Parties desire to have the Mayor or
Board Chair cross examine a Citizen Participant, they shall,
whenever possible, present written cross-examination questions to
the Mayor or Board Chair prior to the commencement of the cross-
examination. The Mayor or Board Chair shall first ask the cross-
examination questions submitted by Staff, then the Applicant, and
finally the Parties based on who submitted a request and became a
Party first. The Staff, Applicant, and any Parties' cross-examination
through the Mayor or Board Chair is limited to two (2) minutes per
Citizen Participant.
2. Only the City Staff, the Applicant, or a Party may cross-examine
non-Citizen Participant witnesses.
3. Cross-examination by City Staff, the Applicant, or a Party shall be
limited to two (2) minutes per witness each.
4. The Commission or Board is not limited to two (2) minutes and may
ask questions of anyone who testifies at any time during the
proceedings.
C. Relevancy. All relevant evidence shall be accepted.
D. Scope. The scope of the cross-examination shall be limited to the facts
alleged by the person testifying in relation to the application.
E. Good Faith Questions. The cross-examination shall not be designed to
merely harass, intimidate, or embarrass the person testifying.
5
F. Power to Halt Cross Examination. The Mayor or Board Chair shall
determine whether the question and evidence is relevant and the proper
scope of cross-examination. In the absence of the Mayor or Board Chair,
the term Mayor or Board Chair shall be deemed to include the person
authorized to run the meeting in their absence. The Mayor or Board Chair
may defer to the City Attorney (or Assistant City Attorney) to determine the
relevancy of the question and the evidence and the proper scope of the
cross-examination. The person conducting the cross-examination may be
stopped from pursuing a line of questioning, if the questioning is on an
issue that is not relevant, the scope of proper cross examination is
exceeded, or the cross-examination is conducted in a manner that is
designed to harass, intimidate, or embarrass the person being cross-
examined. If a person conducting the cross-examination continues to
pursue improper lines of questioning, the Mayor or Board Chair may halt
the cross-examination.
6. Applicability.
These rules only apply to proceedings and hearings that are quasi-judicial in
nature. These rules are applicable to the City Commission and any Board that
does not have specific rules for the conduct of quasi-judicial proceedings.
Approved and adopted by the City Commission of the City of Delray Beach, Florida, at
the Annual Organizational Meeting held on March 25, 2010.
ATTEST:
Chevelle D. Nubin, CMC
City Clerk
Ref/S/Agenda 2010/Quasi Judicial Rules
6
MEMORANDUM
TO: Mayor and City Commissioners
FROM: Chevelle D. Nubia, City Clerk
THROUGH: David T. Harden, City Manager
DATE: March 15, 2010
SUBJECT: AGENDA ITEM 11. -ORGANIZATIONAL MEETING OF MARCH 25, 2010
REVIEW OF CITY COMMISSION LIAISON APPOINTMENTS
ITEM BEFORE COMMISSION
The item before the Commission is a review of City Commission liaison assignments to various
Advisory Boards and outside agencies for any changes, deletions or additions that the Commission
directs .
BACKGROUND
A list of City Commission liaison assignments from 2009 is attached.
RECOMMENDATION
Recommend Commission make any desired changes, deletions or additions to the liaison assignments.
MEMORANDUM
TO: Mayor and CitS~ Commissioners
THRU: David T. Harden, City Manager
FROM: Chevelle D. Nubin, CMC, City Clerk
SUBJECT: CITY COMMISSION LIAISON ASSIGNMENTS
DATE: March 25, 2010
Below is the list of City Commission Liaison assignments as amended at the March 25, 2010 Annual
Organizational Meeting.
BOARD
Community Redevelopment AgencX
2nd & 4th Thursday at 5:30 p.m.
Commission Chambers
Community Land Trust
3rd Thursday at 6:00 p.m.
Old School Square Library
LIAISON
Commissioner Eliopoulos
Primary Member
Commissioner Fetzer
Alternate Member
Commissioner Eliopoulos
Delray Beach Public Library Commissioner Fetzer
3rd Wednesday at 5:30 p.m. (normally)
2nd Floor Conference Room, Library
(Meeting time is currently 6:00 p.m.; it will change back to 5:00 p.m. in the future)
Delray Beach Public Schools
City Commissioners adopt a Delray Beach Public School and serve as a liaison to that School's
Advisory Committee. The Schools are:
Banyan Creek Elementary School Commissioner Frankel
April 7, 20 ~ 0, May 5, 20 ~ 0 @ 6: 00 p.1n. in Media Center
Spady Elementary School Commissioner Eliopoulos
April 27, 20 ~ 0 @ 4:30 p.1n. in Media Center
Plumosa Elementary School Commissioner Eliopoulos
April 6, 20 ~ 0 and May ~ ~, 20 ~ 0 @ 6: 00 p.1n. in Media Center
Pine Grove Elementary School Commissioner Gray
April ~ 3, 20 ~ 0 and May 4, 20 ~ 0 @ 6:30 p.1n. in Media Center
Orchard View Elementary School Commissioner Fetzer
3rd l~e~lne.r~lay of the month @ 6:00 p.1n. in Media Center
Revised Information for Item No. 11
Page 2
Village Academy Mayor McDuffie
April 6, 20 ~ 0 and May 4, 20 ~ 0 @ 5.30 p.1n. in Media Center
Carver Middle School Commissioner Fetzer
2nd Thurr~lay of the month @ 6:00 p.1n. in Media Center
Atlantic High School
Commissioner Gray
Last Tue.r~lay of the month @ 7:00 p.1n. in Media Center
Downtown Development Authority Mayor McDuffie
2°d Monday at 12:00 Noon Primary Member
Chamber of Commerce Commissioner Eliopoulos
Alternate
Downtown Marketing Cooperative Board of Directors
Mayor McDuffie
4th Thursday at 8:30 a.m. Primary Member
Chamber of Commerce Commissioner Eliopoulos
Alternate Member
Drug Task Force Mayor McDuffie
3rd Friday at 8:30 a.m. Primary Member
Chiefs Conference Room, Police Department Commissioner Fetzer
Alternate
Education Board Commissioner Fetzer
1st Monday at 5:30 p.m. Primary Member
First Floor Conference Room, City Hall Mayor McDuffie
Alternate Member
General Employees Retirement
Committee
Meets once every quarter
Historic Preservation Board Commissioner Eliopoulos
1st and 3rd Wednesday at 6:00 p.m.
Commission Chambers
Parking Management Advisory Board Commissioner Eliopoulos
4th Tuesday at 5:30 p.m.
First Floor Conference Room, City Hall
Police & Fire Board of Trustees Commissioner Frankel
3rd Wednesday from 2-4 p.m. in Douglas Smith
Training Room at Fire HQ or Assistant CitS~ Manager
Police Chiefs Conference Room
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Page 3
Public Art Advisory Board Commissioner Frankel
4th Monday at 6:00 p.m.
Environmental Services Department, Administration Building
434 South Swinton Avenue
Sister Cities Committee Commissioner Eliopoulos
1st Thursday at 4:30 p.m.
First Floor Conference Room, CitS~ Hall
OUTSIDE AGENCY APPOINTMENTS
Palm Beach Count~gue of Cities, Inc.
Governmental Center
301 North Olive Avenue
West Palm Beach 33402
Contact: James Titcomb, Exec. Director
(561) 355-4484
David T. Harden, City Manager
Board of Directors; Transportation/
Legislative Sub-Committee Chair
Commissioner Gray
Alternate Member
The Palm Beach County League of Cities, Inc. was chartered in 1969 as a non-profit corporation.
The purpose of the Palm Beach CountS~ League of Cities is to promote and advance the collective
interest of the municipalities of Palm Beach County; to study municipal issues and seek desired
results through cooperative efforts; to respect the principles of Home Rule; and to encourage and
enhance the quality of life of citizens of Palm Beach County.
The General Membership meets once per month (normally the 4th Wednesday) at 11:30 a.m. at
different host cities around the county. The Board of Directors meets once per month (normally
the 4th Wednesday) at 10:00 a.m., at various locations in Palm Beach County.
Florida League of Cities, Inc.
301 S. Bronough Street, Suite 300 (32301)
Post Office Box 1757
Tallahassee, Florida 32302-1757
Contact: Scott Dudley, Sr. Legislative Advocate
(850) 222-9684
David T. Harden, City Manager
Urban Administration Committee
Member
Mayor McDuffie
Florida League of Mayors
Member
Metropolitan Planning Organization
Of Palm Beach County
160 Australian Avenue, Suite 201
P. O. Box 21229
West Palm Beach 33416
Contact: Randy M. Whitfield, P.E. Director
(561) 684-4170
or Paul Dorling (City staf~
(561) 243-7040
Mayor McDuffie
Primary Member
Commissioner Frankel
Alternate Member
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The Metropolitan Planning Organization of Palm Beach County was created pursuant to Chapter
339.175 of the Florida Statutes. Their objectives are to encourage and promote the safe and
efficient management, operation and development of surface transportation systems that will serve
the mobility needs of people and freight within, and through, urbanized areas of Palm Beach County
while minimizing transportation related fuel consumption and air pollution. The MPO is charged
with the development of short-range (5 year) and long-range (20 year) transportation plans and
programs.
MPO Board (elected officials) meets on the 3rd Thursday of the month at 9:00 a.m., 12`h floor
Conference room at the Governmental Center. Technical Advisory Committee (TAC, staff
subcommittee) meets on the 15T Wednesday of the month at 9:00 a.m. at 2300 North Jog Road in the
4`h floor Conference Room, 4E 12, West Palm Beach.
Liaison to State Representatives
Maria Sachs, District 86
Adam Hasner, District 87
Commissioner Frankel
Commissioner Eliopoulos
Liaison to State Senators
Jeffery Atwater, District 25
Christopher Smith, District 29
Ted Deutch, District 30
Mayor McDuffie
Commissioner Gray
Commissioner Frankel
Liaison to United States Representatives
Robert Wexler, District 19 Commissioner Frankel
Ron Klein, District 22 Mayor McDuffie
Alcee L. Hastings, District 23 Commissioner Gray
Intergovernmental Coordination Issues
Forum
Lantana Council Chambers
500 Greynolds Circle
Lantana, 33405
Contact: Ana Yeskey
9835-16 Lake Worth Road, Suite 223
Lake Worth 33467
(561) 434-2575
Commissioner Frankel
Primary Member
Open
Alternate Member
Paul Dorling
City Staff Member
The Intergovernmental Coordination Issues Forum reviews and makes recommendations on issues
of multi-jurisdictional significance, such as school concurrency, county wide fire rescue services, and
count5~vide library services. The intent is to have municipalities work together on issues of
count5~vide concern or impact and to assist in the resolution of any disputes which may arise
between local governments. The Issues Forum meets on a quarterly basis. The meetings are
scheduled for April 29, 2010, July 29, 2010; and September 30, 2010.
The Executive Committee meeting at 9:30 a.m., Issues Forum at 10:30 a.m. and IPARC at 1:30 p.m.
in the Lantana Council Chambers.
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MEMORANDUM
TO: Mayor and City Commissioners
FROM: David T. Harden, City Manager
DATE: March 18, 2010
SUBJECT: AGENDA ITEM 12. -ORGANIZATIONAL MEETING OF MARCH 25, 2010
CONSIDERATION OF REQUEST FROM DOWNTOWN DEVELOPMENT
AUTHORITY
ITEM BEFORE COMMISSION
Consideration of the request from the Downtown Development Authority (DDA) that their staff be
allowed to move into City Hall, and the apparent consensus from the Downtown Marketing Cooperative
(DMC) that the present DMC/DDA staff should become City employees and work under the
supervision of the City's management staff.
BACKGROUND
Attached is the request from the DDA that the DDA staff be allowed to move into space in City Hall. I
have also previously informed the Commission of the apparent consensus reached by the DMC Board,
subject to approval by the organizations represented, that the present DMC/DDA staff should become
City employees and work under the supervision of the City.
Also attached is the memo from Bob Barcinski which outlined in general terms how this could be
accomplished. Included with Bob's memo are lists of the current functions of the DDA and DMC.
The CRA has now responded to the DDA proposal, and a copy of their response is attached. The CRA
is not willing to continue its funding to the Downtown Marketing Cooperative unless the DMC
Executive Director is changed.
It appears to me that the Commission has two choices:
1. The Commission can choose to deny the request from the DDA and allow the DMC and DDA to
work out their issues without City involvement. If the Commission makes this choice, then I
recommend that the Commission either give direction to our DMC board member on how to vote on
these issues, or that our seat on the DMC Board be filled, at least for the time being, by a
Commissioner. The probable outcome of this decision appears to be that the DDA would follow
through on its notice to withdraw from the DMC and would function independently with its own staff.
It appears that some amount of private funding and volunteer support would be lost. Functions would
be divided generally as outlined in the paper submitted to the DMC Work Session by Diane Colonna,
which is attached. You will see from the DMC Agreement, also attached, that the parties, including the
City, have agreed that the DMC will manage certain events, namely the Christmas Tree, First Night,
July 4th and Art and Jazz on the Avenue. Presumably in this scenario the DMC would continue to
manage these events and a decision would have to be made whether the DMC staff would continue as
Chamber of Commerce employees or become City employees. I would suggest that they remain
chamber employees and that they work under the direct supervision of the Chamber president, but I do
not know how the Chamber feels about this.
2. The Commission could approve the request from the DDA, either in whole or in part, and contract
with the DDA to manage the events now managed by the DMC. The probable outcome of this choice
would be that the CRA would be displeased and would withdraw its financial support for the events
now managed by the DMC. However, it appears that current private funding for these events and
volunteer support would remain intact. Even if the City shifts its event support from the DMC to the
DDA, whether to allow the staff to become City employees and move into City Hall are two separate,
additional decisions.
Our overall goal should be to make needed organizational changes without disrupting the positive
things we have going on in our downtown. We feel it is also important to maintain the financial,
volunteer and management support needed to continue with our primary City sponsored events.
RECOMMENDATION
Commission discretion.
f
~
. ~.. ~
~-~ j
~ ~ ~y
D~ELR~Y ~~~C~I
COMMUNITY REDEVELOPMENT AGENCY
Dear Mayor McDuffie,
At the CRA Board meeting of March 11, 2010, the CRA Board discussed the proposed
reorganization of the Downtown Marketing Cooperative (DMC). The CRA's Executive Director
advised the Board that a recommendation had been made to have the DMC staff become
employees of the City, and that the DMC staff would work under the supervision of the City
Manager's office. As City employees, the DMC staff would perform all of the functions that
they currently perform on behalf of the DMC, including providing management services to the
Downtown Development Authority (DDA). Pursuant to the recommendation, the CRA would
be asked to contribute funding to the City, rather than the DMC, for the new City staff and
community related events.
During its discussion, the CRA Board did not object to the idea of the DMC becoming a unit of
the City; however, the Board reached a consensus that the position of the DMC Executive
Director should be publicly advertised, and that consideration should be given to all qualified
candidates for the Executive Director position. In addition, the Board agreed that prior to
establishing these individuals as City staff, the City and the CRA should establish specific duties
and responsibilities, including specific guidelines and parameters with regard to the scheduling
of events, and the content of any marketing initiatives.
The consensus of the CRA Board was that the CRA's funding would be contingent upon the
following: the public advertising and recruiting of candidates for the Executive Director
position; CRA input into the specific job responsibilities and candidate selection for the
Executive Director position; the CRA being involved in formulating how that position
coordinates with other stakeholders (Old 3choul gquaie, Piiredpple Giuve, elc.); a~~c! the
coordinated development of a marketing plan that is reviewed and approved by the CRA and
other funding partners.
20 North Swin4on llvenue ~ Delray Beach, Florida 33444 ~ Phone: 561/276-8640 ~ Fax: 561/276-8558 ®www.delrayera.org
The CRA Board remains strongly committed to supporting events and marketing initiatives
within the City's Community Redevelopment Area, but is concerned that if the underlying
issues that brought about the potential reorganization of the DMC are not addressed in a
meaningful way, the City, the CRA and other interested parties will once again be left to deal
with the DMC's unresolved issues at a later date.
Your consideration of these matters is appreciated.
Sincerely,
,...~__
Howard Lewis
Chairman
CRA Board of Commissioners
c: Vice-Mayor Gary Eliopoulos
Deputy Vice-Mayor Adam Frankel
City Commissioner Angeleta Gray
City Commissioner Fred Fetzer
David Harden, City Manager /
CRA Board of Commissioners
Michael Listick, DDA Chair
Mike Malone, President, Greater Delray Beach Chamber of Commerce
Jay Alperin, DMC Representative, Greater Delray Beach Chamber of Commerce
DDA/DMC Possible Redistribution of Functions
Submitted to DMC Workshop by CRA Director, Diane Colonna
CITY Events Staff
• Cash and In-kind Sponsorships for City Events
• Art & Jazz (or similar event)
• Christmas/Holiday
o -100 Ft. Christmas Tree
o -Breakfast with Santa
o -Tree Lighting
o -Kids Day at the Tree
o -Volunteer Party
o -Sponsor Luncheon (if necessary- maybe can be combined with volunteer party)
• First Night
' July 4cn
• -Sponsor Breakfast
• -Sandsculpting Contest
• Pineapple Grove Arts District/West Atlantic Projects & Events
• Event collateral -design & production
• Email marketing /press releases for events
• Provide assistance to DDA and non-profits on their events as needed
(Cinco de Mayo, Spady, Multi cultural, Howard Alan, Savor the Ave, Tastemakers)
• Events contracts
• Green initiatives/efforts for events
• Production & printing of monthly calendar
• Production & printing of annual calendar
• Signage of events
• Video productions- events
• Volunteers for events
DDA
• Retail Advisory meetings & promotions
o -Old Fashioned Christmas
o -Mother's Day
o -Valentine's Day
• Savor the Avenue
• Tastemakers
• Howard Alan Art & Craft Shows
• DDA website
• Postcard mailing for website & reader responses
• Guidance Pathway signage system
• Guidebook Co-op with Chamber
• Concierge book/meeting
• Gift Card program
• Holiday decorations
• Clean and Safe-banners, lights, kiosk signs
• Arts Experience meetings
• 'Beachside Merchant meetings
• Merchant social
• Block Leaders program
• Construction updates
• DDA grants program for~non-profits
• Nighttime economy
• Downtown Roundabout
• Resource Hospitality Institute
• Tri-Rail marketing initiatives
• Magazine and other publications
• International Downtown Association-Member
& Small Organizational Committee
FOP DISCUSSIOi1 - for example, should it be continued, where's the logical place for it, can
it be contracted out, is it up to the individual entity to decide (i.e. memberships in some of the
organizations)
• Cluster Study -what's involved, can it be contracted out
• Newsletter-Downtown Wire - is this still needed or are email blasts sufficient
• Visitor Information Center and Volunteer Program - City or DDA
• CVB PRSub-Committee -DDA or Chamber
• Hotel Advisory Meeting - is this still needed or is Destination Delray doing it
• Visit Florida Committee
• Sociable Cities Network Conference
• Downtowns & Small Towns Economic Development Meeting
• Governor's Conference on Tourism
• Heritage Travel-National Historic Preservation Trust
• Local's Info on Website
• Music Entertainment Plan
• Summer Nights on the Avenue
• Christmas Musical Tours
• Clothing drive
• Population of website
• Monthly Community Groups Meeting
Current staff salaries (including benefits):
M. Ferrer 121,150
S. Martin 63,150
S.Immelman 60,200
E. List 51,800
S. Kleinman 32,300
Salaries may need to be adjusted based on new responsibilities.
Possible staffing arrangements:
City Events Staff -Sarah, Stephanie, Eileen
DDA -Marjorie, Selma
Alternative -Eileen could work at the Chamber and assist the DDA, the City Events staff
and Destination Delray with written promotional materials.
Revised 5f2/06
DOWNTOWN MARKETING COOPERATIVE AGREEMENT
THIS AGREEMENT is made this `~ day of , 2006, by
and between the COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF
DELRAY BEACH {hereinafter referred to as the "CRA"), the DELRAY BEACH
DOWNTOWN DEVELOPMENT AUTHORITY {hereinafter referred to as the "DDA"},
the GREATER DELRAY BEACH CHAMBER OF COMMENCE (hereinafter referred to
as the "Chamber"), and the CITY OF DELRAY BEACH {hereinafter referred to as the
"City")
WITNESSETH:
WHEREAS, the CRA is a Community Redevelopment Agency created pursuant
to Florida Stafufe Chapter 1.63 and has as its purpose the redevelopment of portions of
the City of Delray Beach located within its geographically designated redevelopment
area; and
WHEREAS, the DDA is a special taxing district created by special act of the
legislature of the State of Florida and the DDA is responsible for the economic
development of the geographic area defined pursuant to its Charter; and
WHEREAS, the Chamber has. as one of its primary missions the providing of
support to the economic community within Delray Beach; and
WHEREAS, the City is a Florida municipal corporation and has the home rule
power to enter into agreements as herein provided; and
WHEREAS, the current members of the ,loint Venture, the CRA, DDA and
Chamber, which will become known as the Dawn#own Marketing Co-operative desire
the City to become a fulllvoting member; and
WHEREAS, the City due to its relationship with other members of the Co-
operative are desirous of becoming a full member; and
WHEREAS, the area within the CBD Zoning District, 4SSHAD Zoning District,
General Commercial Zoning District, and the Community Facility Zoning District running
from I-95 to NW and SW First Avenues, along Atlantic Avenue to Ocean Boulevard
includes Pineapple Grove and NWISW 5~' Avenue and lies within, or as a part of, the
geographic areas which the parties hereto conduct their respective activity within; and
WHEREAS, the parties hereto have heretofore joined forces to develop and
administer as a Cooperative Program for downtown Delray Beach, and that they desire
such endeavor to continue as herein provided; and
WHEREAS, this agreement replaces all other previous agreements between the
parties as to the special events referenced in this agreement.
NOW, THEREFORE, in consideration of the mutual covenants and promises
herein contained, the parties agree as follows:
1. Recitals. The recitals set forth herein are hereby incorporated as if fully
set forth herein.
2. Name. The name of the Joint Venture shall be changed to the Downtown
Marketing Co-operative (hereinafter referred to as the "DMC"). _
3. Term. The term of this Agreement shall be from January 1, 20x6 and
ending December 31, 2008, unless sooner terminated. The parties may extend the
Agreement by expressing a desire to do sa in writing prior to the expiration of the
Agreement.
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~. Board of Directors, Quorum, and Voting Requirements, Each of the
parties hereto shall appoint delegates being {i) the Chairman of the Chamber of
Commerce or in his absence a Chamber Officer, {ii} the Chairman of the DDA or in his
absence the Vice Chairman, (iii} the Chairman of the CRA or in his absence the Vice
Chairman or First Vice Chairman, (iv} the President of the Chamber of Commerce, the
Executive Director of the CRA, and the City Manager or his designee. The Board,
which shall consist of six {6} members, shall have full authority and control to administer
the affairs of the DMC. A quorum for all meetings of the DMC shall require majority
attendance of the Board of Directors and all decisions with respect to the affairs of the
DMC shall be by unanimous vote of the Board of Directors.
5. Duties and Responsibilities of the DMC. The duties and responsibilities
of the DMC Board are included but not limited to the following:
(A) Approval of the Annual budget.
(B} Hiring andlor termination of the Executive Director.
{C} Approval of all expenditures.
(D) Approva[ of all contracts.
(E) Approval of all policies and procedures governing the Downtown
Marketing Co-opera#ive.
{F} Strategic Planning.
{G) Setting and review of annual goals and ob)ectives.
(H) Annual performance review of the Executive Director.
{I} Coordinating with the City and OId School Square regarding event
venues and logistics.
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6. Staffing. The DMC agrees that its day-to-day affairs shall be
administered by a staff person to be known as the Executive Director. For employment
purposes, the Executive Director and other staff necessary to conduct the activities of
the DMC shall be deemed employees of the Chamber of Commerce and the Chamber
of Commerce will be responsible for all compensation, insurance, taxes 'and reporting
requirements relating to their employment. The DMC will reimburse the Chamber of
Commerce for salaries and benefits as herein provided.
7. Financial and Other Su ort. The parties to this Agreement agree to
provide financial and other support to the DMC in support of the mission as fallaws:
(A) CRA -- The CIA agrees to provide a cash contribution as agreed
upon in the annual budget process.
(B) DDA -The DDA agrees to provide a cash cantribution as agreed
upon in the annual budget process.
(C) Chamber -The Chamber agrees to provide a cash contribution as
agreed upon in the annual budget process as well as in kind services to include
telephone, bookkeeping, secretarial, and computer services, as well as supplies, use of
other existing office equipment and other administrative support as may be needed.
(D) City -The City agrees to provide in kind services in support of
events sponsored by the DMC as well as those sponsored by the City and #or which by
contract the DMC provides support.
(E) Old School Square is nat a part of nor a member of the DMC but
shall provide the site for the Tree and Holiday Events and First Night as herein
provided.
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8. Termination, Any party may terminate its participation upon giving sixty
(60) days written notice to the other parties; provided however, the party(ies) who
terminate(s) shall pay its prorata share of expenses incurred through the effective date
of termination; provided, however, Old Sclnooi Square shall provide 350 days notice of
any termination.
9. Office Location. The DMC shall maintain its offce for the period of this
Agreement at the offices of the Chamber of Commerce, 04 SE 5~' Avenue, Delray
Beach, Florida.
~ 0. Fireworks.
(A) The DMC agrees to be the named sponsor for the annual fireworks
display with the City's cooperation for the annual Fourth of July fireworks for the years
of 2006, 2007 and 2008.
{B) The fireworks display shall take place off the City's public beach or
at another location mutually acceptable to the parties.
(C) The DMC agrees to be responsible for soliciting of bids and
contracting for the fireworks show, barge rental and docking of barge, promotion,
advertising and public relations, contracts for entertainment and sound and lighting
systems, as may be needed, securing the services of volunteers if needed, and for fund
raising and obtaining sponsorship to cover the costs of the event. The contract for the
fireworks display shall state that the contractor has the responsibility #o obtain all
necessary permits and approvals from all federal, state, and local governmental
agencies that have jurisdiction over a fireworks display offshore of the municipal beach,
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and any other location. The City and the DMC agree to cooperate in order to insure
that the necessary permits and approvals are obtained.
(D} The DMC shall take all actions to insure that the contracted cost of
the fireworks display and other event costs do not exceed the amount of funds available
through sponsorships and the City's annual contributions.
(E} The DMC is responsible for the collection and deposit of ail cash
contributions for the event, including, but not limited to the Gify's contribution. The
DMC agrees to make all payments to the fireworks contractor to include display and
barge costs, as well as all other costs associated with the event not paid for by the City.
(F) In addition to the promises set forth in Paragraph 6(D}, the City will
make a minimum contribution of $45,000 in 2006, $47,000 in X007 and $49,000 in 2008
to the DMC for the term of this Agreement, of which said funds may be used to offset
the costs of the Fourth of July Fireworks display. Any requested increases to this
amount will be considered during the Annual Operating Budget review.
(G) The DMC shaft provide the City with a properly executed insurance
certificate obtained by the contractor no -later than June 25~~' of each year of the
agreement which indicates that the fireworks contractor has general liability insurance in
the amount of $9 ,000,000.00 with the City, CRA, DDA, and Chamber of Commerce
and the DMC named as additional insured on the policies.
(H) The DMC shall also provide a properly executed indemnification
agreement, a copy of which is attached hereto as Exhibit "A" signed by the fireworks
contractor no later than June 25"' of each year of the agreement.
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(I) In addition to the foregoing, the City shat! provide at its own
expense, the site of the event, crowd and traffic control, trash removal, portalete,
portable lighting, electrical hookups, and be responsible for the public safety operation
and coordination of the event at which the fireworks are displayed.
11. Art & Jazz on the Avenue and Similar Events.
(A) The DMC shall hold a minimum ~ of six (6) "Art & Jazz on the
Avenue" events or events similar thereto each year.
(B} The duties and responsibilities of the City for these events is to
provide, at its own cost and expense except as modified in 11(D}, security and #raffic
control assistance, provide trashremoval and clean up assistance, set up of street
barricades, hang and remove light pole banners as required, provide EMS assistance
when necessary, and provide overall coordination and planning assistance as required.
(C} The duties and responsibilities of DMC for these events is to
provide, at its own expense, far fundraising and sponsorship, promotion, advertising and
public relations, contracts for entertainment and sound and lighting systems as may be
needed, secure the services of volunteers as needed, and provide the lead for
coordination and planning services for the events.
(D) As compensation for City services which includes stage rental as
well as overtime costs, the DMC will pay the City twenty percent (20%) of its costs over
One Thousand Dollars ($1,000) per event. The DMC also agrees to pay full costs of
any equipment the City is required to rent from a contract supplier to support the event.
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(E} To the extent that the DMC enters into written contracts with a
contractor, DMC shall require the contractor to provide am indemnification a~ provided in
Exhibit "A" hereto.
~ 2. Tree and Holida Events.
(A} The City snail, at its own expense, store the tree; transport #ree
storage containers to and from site, repair and maintain the tree and the accompanying
scenes and scene cantainers, prepare and restore tree site, facilities, property, and
equipment to the same condition as it existed on the date preceding the event
commencement, provide staff assistance for #ree assembly and disassembly, assist in
installation of scene containers and scenes, provide overall coordination and planning
for tree installation and removal, provide restroam facilities for volunteers, workers, and
the public, replace tree and scene components as necessary and provide a cash
contribution of $25,000 to $50,000 per year based on budget availability for the cost to
assemble and disassemble the tree. The City is also responsible for hiring site security
which costs are to be shared by the DMC and Old School Square.
(B} The DMC, at DMC's own expense, shall be responsible for
fundraising and securing sponsorships to help offset costs associa#ed with the tree.
The DMC is required to obtain City approval prior to adding any additions! structures or
activities which would increase the City's maintenance, installation, repair, storage, and
liability costs. Further, the DMC is responsible for the promotion, advertising and public
relations. The DMC sha11 provide contract services for tree assembly and disassembly
to include steel erecting, electrical installation, and #ransport of tree frame to and from
site as necessary and agreed to secure the services of volunteers to assist in tree and
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scene assembly and disassembly and in manning the tree when open. The DMC shall
also be responsible to plan, schedule, and coordinate the volunteer effort far assisting
the Gity with coordination and planning for tree installation and. removal and to provide
security at tree site and appropriate cast sharing as approved by the City.
13. First Ni ht.
{A) The City shall provide oversight for all aspects of the event,
prepare the budget, review all expense requests and contracts, deposit and keep a
record of ail revenues, provide logistic support and staffing for traffic, security, cleanup
and trash removal and EMS assistance, provide barricades, signs, and installation of
same, provide clean-up and trash removal, provide up to $5,Op0 contribution, restore
the site, facilities, property and equipment to the same condition as it existed on the
date preceding the event commencemen#. The City sha{! hire part-time event staff as
may be needed and maintain the event license.
{B) The DMC shalt provide office space, desk, telephone and
computer; provide planning and coordination assistance, assist in directing and
overseeing work of event coordinator, obtain volunteers and make even# assignments
and abtain sponsorships, provide marketing and public relations services and provide
technical and planning assistance as needed.
14. lnsurance. if the DMC enters into written contracts with a contractor, the
DMC shall require the contractor to provide insurance in amounts acceptable to the
DMC and to the City and contractor shall be required to name the City, CRA, DDA, the
Chamber of Commerce and Old School Square, if the Event is located on Old
School Square property, and the DMC as additional insureds.
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15. A licabilit of Sunshine Law. The parties hereto agree that the
conduct of .the affairs of the DMC sha[I be in accordance with Florida Statute Chapter
286.011 governing the Sunshine Law and tha# the records of the DMC sha[I be deemed
Public Records pursuant to the Fbrida Sfafute Chapter 119 and administered
accordingly.
1 G. Authorization to Obtain Liability insurance. The DMC is hereby
authorized, subject to budgeting funds therefore, to acquire such liability insurance as
its Board of Directors deem appropriate for the protection of the Directors and the
parties hereto.
17. Third Parties. Nothing in this Agreement, whether express or implied, is
intended to confer any rights or remedies under or by reason of this Agreement upon
any person other than the parties hereto and their respective heirs, successors, legal
representatives, and permitted assigns, nor is anything in this Agreement intended to
relieve or discharge the obligation or liability of any third persons #o any party to this
Agreement, nor shag any provision thereof give any third person any right of
subrogation or action over or against any party to this Agreement
18. INTERPRETATION.
This Agreement constitutes the entire Agreement between the parties with
respect to subject matter hereof and supersedes all prior verbal or written agreements
between the parties with respect thereto, This Agreement may be amended only by
written document, properly authorized, executed and delivered by both parties hereto.
This Agreement shall be interpreted as a whole unit and section headings are for
convenience only. All interpretations shall be governed by laws of the State of Florida.
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Waiver of any breach shall not constitute waiver ofi any other breach. Invalidation of any
portion of this Agreement shall not automatically invalidate the entire Agreement.
19. ~overninc~ laws; venue. This agreement shall be governed by the laws
of the State of Florida. Venue for any proceeding arising out of this agreement shall be
in Palm Beach County, Florida.
20. Binding Effect. All of the terms and provisions of this Agreement shall be
binding upon, inure to the benefit of, and be enforceable by, the parties hereto and their
respective heirs, successors, legal representatives, and permitted assigns.
21. Entire. Agreement. This Agreement shall constitute the entire agreement
of the parties with respect to the subject matter of it. All prior understandings and
agreements between the parties with respect to such matters are merged into this
Agreement, which alone fully and completely expresses their understanding.
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22. Amendments. This Agreement may not be amended, modified, altered,
or changed in any respect, except by a~ further agreement in writing duly executed by
each of the parties hereto,
ATTEST:
.~
Secre ry
COM UNITY R DEVELOPMENT AGENCY
By:
Print N`~me: ~..r/~~ ~~ L ~u ~£i~- --
(SEAL)
STATE OF FLORIDA
COUNTY OF PALM BEACH
The foregoing instrument was acknowledged before me this 1 ~ day of
_/}~n-~. , 2006 by ~~/~~ ~ ~. S~/~e ~-~~- as
~~i2rn~N! - _ of . ~~ ~.e~ ~dn~~~~,~ /Lso~~fL o a~~.~-,-~~~~~_- corporation,
on behalf of the corporation. H~IShe is~ersonal[y known to me or has produced
as identification.
~~~rru,~ JEAN M0C3REFiELD
hiY COA4MISS10N # E1D443456
~a[4~4F~ g}(pIRFS: Juna22.2009
(4D7) 39a-0363 F€wlda Nole~Il ServSee.cem
ATTE
.._
Secretary
Nota~Public - State~of Florida
DO W DE ENT AUTHORITY
By:
Print Name: ~r~,,s .; . Cc~R.c~uL;
Title: (~. ~.gt~ ~cpu
(SEAL)
STATE OF FLORIDA
COUNTY OF PALM BEACH
The foregoing instrument was acknowledged befiore me this ~~ day of
_ ~~.~~ , 2006 by ~ ~.t~i 5 ~• Gc~~` ~ ~ ~ as
~,~,~ ~~t,4rrln.G~n_ of ~ 17 A~ corporation,
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