03-31-11 Annual Org MeetingCITY COMMISSION r' "' `~' "' ' ` "
CITY OF DELRAY BEACH, FLORIDA
ORGANIZATIONAL MEETING -THURSDAY, MARCH 31, 2011 ~!~'~r,ene~~~r~
6:00 P.M. DELRAY BEACH CITY HALL ~ i
,~
:.
.,,, . w
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 Thomas F. Carney, Jr.
Commissioner Adam Frankel
Mayor Nelson S. "Woodie" McDuffie
4. Roll Call Newly Sworn-in Commission
5. Selection of Vice-Mayor (for the term April 1, 2011 through March 29, 2012)
6. Selection of Deputy Vice-Mayor (for the term April 1, 2011 through March 29, 2012)
7. Review and Acceptance of regularly scheduled City Commission Meeting dates for the period
Apri120ll through March 2012
Establish a date for the 2012 Goal Setting Session
9. Review and Adoption of Procedures for Quasi Judicial Hearings
10. Review and Adoption of Rules of Procedure -Delray Beach City Commission (Local Rules)
11. Review of City Commission Liaison Appointments to various Advisory Boards and outside
agencies
12. Commission Comments
n .... .... .... .... .... .... .... .... .... .... .... .... .... .... .... ....
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. Nubin, City Clerk
THROUGH: David T. Harden, City Manager
DATE: March 21, 2011
SUBJECT: AGENDA ITEM 7. -ORGANIZATIONAL MEETING OF MARCH 31, 2011
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 Apri12011 through March 2012.
BACKGROUND
Below is the list of the regularly scheduled City Commission meeting dates for April 2011 through
March 2012:
City Commission Meetings:
Apri105, 2011-Regular Meeting
April 12, 2011-Workshop
April 19, 2011- Regular Meeting (Passover)
May 03, 2011-Regular Meeting
May 10, 2011-Workshop
May 17, 2011-Regular Meeting
June 07, 2011-Regular Meeting
June 14, 2011-Workshop
June 21, 2011-Regular Meeting
July 05, 2011-Regular Meeting
July 12, 2011-Workshop
July 19, 2011-Regular Meeting
August 02, 2011-Regular Meeting
August 09, 2011-Workshop
August 16, 2011-Regular Meeting
September 06, 2011-Regular Meeting(Tentative Budget Hearing)
September 13, 2011- Workshop
September 20, 2011-Regular Meeting (Final Budget Hearing)
October 04, 2011-Regular Meeting
October 11, 2011-Workshop
October 18, 2011-Regular Meeting
November 01, 2011-Regular Meeting
November 08, 2011-Workshop
November 15, 2011-Regular Meeting
December 06, 2011-Regular Meeting
December 13, 2011-Regular Meeting
January 03, 2012-Regular Meeting
January 10, 2012-Workshop
January 17, 2012-Regular Meeting
January 24, 2012- ANNUAL CITIZEN SROUNDTABLE-7 PM Old School Square
February 07, 2012-Regular Meeting
February 14, 2012-Workshop
February 21, 2012-Regular Meeting
March 06, 2012-Regular Meeting
March 13, 2012-MUNICIPAL ELECTION
March 15, 2012-Special/Workshop Meeting
March 20, 2012-Regular Meeting
March 29, 2012-ANNUAL ORGANIZATIONAL MEETING
RECOMMENDATION
Recommend Commission review and acceptance of the City Commission meeting dates for the period
Apri12011 through March 2012.
Year 2011 Calendar -United States
Page 1 of 1
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:i 12:~ 19:0 26:~
Apri I
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
3a 11:~ 17:0 24:(1
July
Su Mo Tu We Th Fr Sa
1 2
3 4 ;5 6 7$ 9
10 1112 13 14 15 16
17 18 19 20 21 22 23
24 2526 27 28 29 30
31
1:i 8: 15:0 23:~ 3D:i
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:U 11:019:426a
February
Su Mo Tu We Th Fr Sa
1 2 3 4 5
6 7 8 9 10 11 12
13 14 15 1fi 17 18 19
20 21 22 23 24 25 26
27 28
2a 19:~ 18:0 24a
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:i 1 D:~ 17:0 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
~:~ 13:0 21:~ 28a_
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 1$ 19
20 21 22 23 24 25 26
27 28 29 30
2:~J 10:0 18:~ 25:i
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
4a 12:~ 19:0 26:~
June
Su Mo Tu We Th Fr Sa
1 2 3 4
5 6 7 8 9 10 11
12 13 14 15 1fi 17 18
19 20 21 22 23 24 25
26 27 28 29 30
1:i a:~ 15:0 23:01
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:~ 12:0 20:~ 27a
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:~ 10:0 17:(l 24:i
Jan 1 New Year's Day
Jan 17 Martin Luther King Day
Feb 14 Valentine's Day
Feb 21 Presidents' Day
Apr 19 First day~of Passover
Apr 24 Eas#er Sunday
Holidays and Observances:
May 30 Memorial Day (Oct 31 Halloween
Jun 19 Father's Day
Jul 4 Independence Day
Sep 5 Labor Day
Sep 29 Rosh Hashana
Oct 8 Yom Kippur
Nov 11 Veterans Day
Nov 24 Thanksgiving Day
Dec 21 First Day of Chanukah
Dec 24 Christmas Eve
Dec 25 Christmas Day
Apr 26 Last day of Passover ~ Oct 1 D Columbus Day (Most regions) Dec 26 'Christmas Day' observed
May 8 Mother's Day ~ Oct 19 Last day of Sukkot Dec 28 Last day of Chanukah
[.:aienaar generated on www.tirrieanddate.comlcalendar
http://www. timeanddate. com/calendar/print.html?year=2011 &country=l &co1s=3 &hoI-16... 2/28/2011
Year 2012 Calendar -United States
Page 1 of 1
Calendar for year 2012 (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
1:~ 9: 16:C 23:i 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 ~•
6:0`13:0 21:~ 29:~
:' 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
3:010:0 19:~ 26:~
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
8:~ 15:~ 21:~ 29:0
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
25 27 28 29
7:( 14:0 21:~ 29:~
May
5u 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:~7 12:0 20:• 28:1
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
~ 1:0 9:C~ 17:~ 24:~U 31:0
November
Su Mo Tu We Th Fr Sa
1 2 3
4 5 6 7 8 9 1fl
11 12 13 14 15 16 17
18 19 20 21 22 23 24
25 26 27 28 29 30
6:O 13:~ 20: 28:0
March
Su Mo Tu We Th Fr Sa
1 2 3
4 5 6 7$ 9 10
11 12 13 14 15 16 17
18 19 20 21 22 23 24
25 26 27 28 29 30 31
8:014:0 22;~ 30:
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: 11:019:1 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
8:015: 22:~ 29:0
December
Su Mo Tu We Th Fr 5a',
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
13:1 20:128:(
..
H ...........
olidays and Observances:
Jan 1 New Year's Day May 28 Memorial Day Nov 6 Election Day
Jan 2 'New Year's bay' observed Jun 17' Father's Day Nov 11 Veterans Day
'Jan 1~i Martin Luther King Day Jul 4 Independence Day Nov 12 `Veterans Day' observed
Feb 14 Valentine's Day Sep 3 Labor Day Nov 22 Thanksgiving Day
Fab 20 Presidents' Day Sep 17 Rosh Hashana Dec 9 First Day of Chanukah
Apr 7 First day of Passover Sep 26 Yom Kippur Dec 16 Last day of Chanukah
Apr 8 Easter Sunday Oct 7 Last day of Sukkot Dec 24 Christmas Eve
Apr 14 Last day of Passover Oct 8 Columbus Day (Most regions} Dec 25 Christmas Day
May 13 Mother's Day Oct 31 Halloween ~
Calendar generated on www.timeanddate.comlcalendar
http://www.timeanddate.com/calendar/print.html?year=2012&counfry=l&ho1=16409&df 1 2/28/2011
MEMORANDUM
TO: Mayor and City Commissioners
FROM: David T. Harden, City Manager
DATE: March 21, 2011
SUBJECT: AGENDA ITEM 8. -ORGANIZATIONAL MEETING OF MARCH 31, 2011
ESTABLISH A DATE FOR THE 2012 GOAL SETTING SESSION
ITEM BEFORE COMMISSION
This item is before Commission to establish a tenative date for the 2012 Commission Goal Setting
Session.
BACKGROUND
For your information below is the date for the 2011 Commission Goal Setting Session with Lyle
Sumek.
SESSION DATE TIME LOCATION
City Commission Monday, Apri14, 2011 8:00 a.m. - 5:00 p.m. Duncan Center
In addition, Department Heads will meet with Mr. Sumek on Monday, March 28, 2011.
Commission direction is requested regarding the date for the 2012 Goal Setting Session.
RECOMMENDATION
Recommend that staff be directed to schedule the 2012 Commission Goal Setting Session for the first or
second week in Apri12012.
M
i
0
~~
I
rn
0
0
a
U
N
~c
ti
4~
A
:~
v
N
O
N
4~
~D
•..,
E~
O
a
a
0
H
.~yy
i~l
•~y
V
~I
rM
A
~~V~1
`f~l
O
.y~
FI ~
•~
.~.y • V
~I
'~
r~
V
V
~ ~
O
H
..
.~
~w
. ~.,
C
4~
i•~
WJ
•~
rr~
~~~yl
V o
•O i~l
~I $.y
~~
A
,.p~~.y ~
i~l
rl
N ~
~ y
~ ~
~ ~
w ~
~~myy
l~l
..~yy
i~M
• ~.y
`~
V
C~
~i
rl
0
~o
.~yy
r+~l
•~
.~
. r.,
..-~
. ~,
C~
H
lW
~I
C~
rl
••
/"\
V
,.~yyl
i~l
w
U
bA
N
cV
O~
O
N
M
a..
U
N
V
'~
N
C~
~ ~,
~ ~
C~ ~
~ ~
_O
o °'
A
~ ~'
[-~ ~ ,~
o ~
O ~~
~ ~
A ~°
~ ~ ~
~ ~
~ ~ a
~ ~
~~
~~
~~
o `~
~ ~
~ ~
.L
O
~.yn ~
iW
~ ~~jj
~1
,y ~M
iY~ll
~ A
4~
~ ~C
C~ ~
~7 ~
~ o
o ~-"
~ ~
o ~'
~ ,r~
~~
o
o
~~
~ ~
~ o
~ ~
a~
'~ ~
~ ~
~ •~
V a
O
~ ~
C ~
4~ y
U ~
• • rl
ry^Vl ~ ® r•.y~
v
a ~ ~ .O
• v '~ ~
y ~ ~
•~' v w ~
c "~ ,~ °
~ `~ ~ ~
~ ? ~ ,.~
aA ;~ •~ ~
•~, ;~ ~ ~
~ ~ A .~
o ~ ago ~
a~
~ ~ ~~ ~
Ate ~ ~
A ~ ~ ~
~ ~
~ ~ aA
VA~~
c c 0 ~
v ~ ...
~N ~ ~ ~
~ A ~ ~
~ ~ ~
v ~ CcS
O
•O U ~
~ ~
O
V
w ~"
0
A
.~
a~
.~
w
0
~A
0
.^.,
v
O
~~
0
MEMORANDUM
TO: Mayor and City Commissioners
FROM: Chevelle D. Nubin, City Clerk
THROUGH: David T. Harden, City Manager
DATE: March 21, 2011
SUBJECT: AGENDA ITEM 10. -ORGANIZATIONAL MEETING OF MARCH 31, 2011
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 31, 2011.
BACKGROUND
These procedures were adopted by City Commission on March 25, 2010 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.
(6) Representing an Organization. Speakers representing an
organization that is comprised of interested citizens shall have six
(6) minutes to speak.
3
(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 31, 2011.
ATTEST:
Chevelle D. Nubin, CMC
City Clerk
Ref/S/Agenda 2011/Quasi Judicial Rules
6
MEMORANDUM
TO: Mayor and City Commissioners
FROM: Chevelle D. Nubin, City Clerk
THROUGH: David T. Harden, City Manager
DATE: March 21, 2011
SUBJECT: AGENDA ITEM 9. -ORGANIZATIONAL MEETING OF MARCH 31, 2011
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 31, 2011.
BACKGROUND
These rules were adopted by City Commission on March 25, 2010.
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 City Commission of the City of
Delray Beach, Florida, except as otherwise modified by the City 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 City 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 City Commission meetings shall occur on the first and
second Tuesdays at 6:00 p.m. at City Ha11. 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 City Hall, except that there shall be no workshops in the
month of December.
3. A]1 regular City Commission meetings shall be held in the City Commission
Chambers at City Hall, unless otherwise designated by the City Commission. All
workshop City Commission meetings will be held in either the First Floor
Conference Room or the Commission Chambers at City Hall, as determined by the
City Manager. A]1 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 City 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 City 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 City 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 City 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 City officer or
employee who is subject to the direction and supervision of the City 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 City 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 City 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. A]1 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. A]1 appointments to city boards, commissions and committees whose members are not
subject to appointment by other entities, and in accordance with any applicable
restrictions by State Statute, shall be made in accordance with the following procedures:
1. A]1 vacancies subject to appointment to such city boards, commissions and
committees shall be made on a nomination basis by each of the members of the City
Commission. This nomination shall be construed to be a Motion to Appoint, which
must be seconded by 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 may defer an appointment to the next regular meeting. If a
Commissioner is not ready 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 vacancy 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 by not receiving sufficient affirmative votes, then the nomination shall rotate to
the next appropriate Commissioner.
2. The rotation system shall be by 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 by the City 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 City
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 system 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 City 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 Annual
Organizational Meeting held on March 31, 2011.
ATTEST:
Chevelle D. Nubin, CMC
City Clerk
Nom: Local Rules as adopted b}- Cin- Commission March 31, 2011.
MEMORANDUM
TO: Mayor and City Commissioners
FROM: Chevelle D. Nubin, City Clerk
THROUGH: David T. Harden, City Manager
DATE: March 21, 2011
SUBJECT: AGENDA ITEM 11. -ORGANIZATIONAL MEETING OF MARCH 31, 2011
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 may
direct.
BACKGROUND
A list of City Commission liaison assignments from 2010 is attached (including updated information
where applicable).
RECOMMENDATION
Recommend Commission make any desired changes, deletions or additions to the liaison assignments.
MEMORANDUM
TO: Mayor and City Commissioners
THRU: David T. Hardery City Manager
FROM: Chevelle D. Nubin, CMC, City Qerk
SUBJECT: CITY COMMISSION LIAISON ASSIGNMENTS
DATE: March 24, 2011
Pelow is the list of City Commission Liaison assignments as amended at the March 25, 2010 Annual
Organizational Meeting updated information is included where applicable.
BOARD
Community Redevelopment AgencX
2nd & 4~ Thursdays at 5:30 p.m.
Commission Q-iambers
Community Land Trust
31~d Thursday at 6:00 p.m.
Old School Square Library
Delray Beach Public Library
31~d Wednesday at 5:30 p.m. r
2nd Floor Conference Roomy Library
Delray Beach Public Schools
LIAISON
Commissioner Eliopoulos
Primary Member
Commissioner Fetzer
Alternate Member
Commissioner Eliopoulos
Commissioner Fetzer
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
Searr~ Wedne~ay of ezery n~anth @ 6:30 p. m in Media Curter
SpadyElementarySchool Mayor McDuffie
April 25, 2011 @ 4:30 p.m in Media Center
PlumosaElementarySchool Commissioner Fetzer
April 20, 2011 and May 11, 2011 @ 6:00 p.m in the Cafeteria
Pine Grove Elementary School Commissioner Gray
April 5, 2011 and Maya, 2011 @ 6:00 p.m in Media Center
Page 2
Orchard ViewElementarySchool Commissioner Eliopoulos
1 ~~ Wednesday of ezery ninth @ 6:00 p.m in Media Curter
Village Academy Mayor McDuffie
April 4, 2011 and May2, 2011 @ 6:00 p.m in Media Center
Carver 1VTiddle School Commissioner Fetzer
April 14, 2011 and May 12, 2011 @ 6:00 p.m in Media Center
Atlantic High School Commissioner Gray
April 26, 2011 and May24, 2011 @ 7:00 p.m in Media Center
Downtown Development Authority Mayor McDuffie
2nd Monday at 12:00 Noon Primary Member
First Floor Conference Roomy City Hall Commissioner Eliopoulos
Alternate
Downtown Marketing Cooperative Board of Directors
Mayor McDuffie
4th Thursday at 8:30 a.m. Primary Member
Qzamber of Commerce Commissioner Eliopoulos
Alternate Member
Drug Task Force Mayor McDuffie
31~d Friday at 8:30 a.m. Primary Member
Chief's Conference Roomy Police Department Commissioner Fetzer
Alternate
Education Board Commissioner Fetzer
1St Monday at 5:30 p.m. Primary Member
First Floor Conference Roomy City Hall Mayor McDuffie
Alternate Member
General Employees Retirement
Committee
Meets once every quarter
Historic Preservation Board Commissioner Eliopoulos
1St and 31~d Wednesdays at 6:00 p.m.
Commission Q-iambers
Parking Management Advisory Board Commissioner Eliopoulos
4th Tuesday at 5:30 p.m.
First Floor Conference Roomy City Hall
Police & Fire Board of Trustees Commissioner Frankel
31~d Wednesday at 1:00 p.m. in Douglas Smith
Training Room at Fire HQ Assistant City l~ilanager
C:\Progr~nFiles\NeeviaCom\DoctnlgntConverter\temp\PDFConvert.10969.1.CITY_COMNIISSION LIAISON ASSIGNMENTS 2011-2012[1].doc
Page 3
Public Art Advisory Board Commissioner Frankel
4th Monday at 6:00 p.m.
Environmental Services Department, Administration Pudding
434 South Swinton Avenue
Sister Cities Committee Commissioner Eliopoulos
1St Thursday at 4:30 p.m.
First Floor Conference Roomy City Hall
OTHER CITY ADVISORY BOARDS:
Board of Adjustment
1st and 31~d Thursday at 5:30 p.m.
City Commission Q-iambers, City Hall
Civil Service Board
Meets as needed
City Commission Q-iambers, City Hall
Code Enforcement Board
2nd and 4th Tuesday at 1:30 p.m.
City Commission Q-iambers, City Hall
Delray Beach Housing AuthoritX
31~d Thursday at 8:45 am.
Lake Ida Plaza, Suite 310P
600 North Congress Avenue
Financial Review Board
1St and 31~d Tuesday at 8:30 a.m.
First Floor Conference Roomy City Hall
Green Implementation Advancement Board
31~d Wednesday at 6:30 p.m.
Environmental Services Departinent
434 South Swinton Avenue, Delray Peach
Kids and Cops
1St Wednesday at 6:00 p.m.
Police Departrrlent
300 West Atlantic Avenue, Delray Peach
Neighborhood Advisory Council
31~d Monday at 5:30 p.m.
First Floor Conference Roomy City Hall
Nuisance Abatement Board
1St and 31~d Monday at 3:30 p.m.
City Commission Q-iambers, City Hall
C:\Progr~nFiles\NeeviaCom\DoctnlgntConverter\temp\PDFConvert.10969.1.CITY_COMNIISSION LIAISON ASSIGNMENTS 2011-2012[1].doc
Page 4
Planning & Zoning Board
31~d Monday at 6:00 p.m.
City Commission Q-iambers, City Hall
Police Advisory Board
2nd Monday at 5:30 p.m.
First Floor Conference Roomy City Hall
Public EmFloyees Relations Commission
Meets as needed
City Commission Q-iambers, City Hall
Site Plan Review and Appearance Board
2nd and 4~ Wednesday at 6:00 p.m.
City Commission Q-iambers, City Hall
OUTSIDE AGENCY APPOINTMENTS
Palm Beach Coun ~ League of Cities, Inc.
Governmental Center
301 North Olive Avenue
West Palm Peach 33402
Contact: James Titcomb, Exec. Director
(561) 355-4484
David T. Harden, City Manager
Poard of Directors; Transportation
Committee Q~air
Commissioner Gray
Alternate Member
The Palm Peach County League of Cities, Inc. was chartered in 1969 as a non profit corporation
The purpose of the Palm Peach County League of Cities is to promote and advance the collective
interest of the municipalities of Palm Peach 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 Peach County.
The General Membership meets once per month (normally the 4~ Wednesday) at 11:30 am. at
different host cities around the county. The Poard of Directors meets once per month (normally
the 4~ Wednesday) at 10:00 am., at various locations in Palm Peach County.
Florida League of Cities, Inc.
301 S. Pronough Street, Suite 300 (32301)
Post Office Pox 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
C:\Progr~nFiles\NeeviaCom\DoctnlgntConverter\temp\PDFConvert.10969.1.CITY_COMNIISSION LIAISON ASSIGNMENTS 2011-2012[1].doc
Page S
Metropolitan Planning Organization
Of Palm Beach County
160 Australian Avenue, Suite 201
P. O. Pox 21229
West Palm Peach 33416
Contact: RandyNL Whitfield P.E. Director
(561) 684-4170
or Paul Dorling (City staff)
(561) 243-7040
Mayor McDuffie
Primary Member
Commissioner Frankel
Alternate Member
The Metropolitan Plarn~ing Organization of Palm Peach 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 Peach 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 Poard (elected officials) meets on the 31~d Thursday of the month at 9:00 a.m., 12~ floor
Conference room at the Governmental Center, 301 North Olive Avenue, West Palm Peach, Florida
Technical Advisory Committee (TAC, staff subcommittee) meets on the 1~ Wednesday of the
month at 9:00 am. at 2300 North Jog Road in the 4~ floor Conference Roomy # 4E-12, West Palm
Peach
Liaison to State Representatives (includes representative changes due to elections
Lori Pemmary District 86 Commissioner Frankel
Pill Hager, District 87 Commissioner Eliopoulos
Liaison to State Senators (includes senator changes due to elections
Ellyn Pogdanoff, District 25 Mayor McDuffie
Q~ristopher Smith, District 29 Commissioner Gray
Maria Sachs, District 30 Commissioner Frankel
Liaison to United States Representatives (includes representative changes due to elections
Ted Deutch, District 19 Commissioner Frankel
Allen West, District 22 Mayor McDuffie
Alcee L. Hastings, District 23 Commissioner Gray
Intergovernmental Coordination Issues
Forum
Lantana Council Q-iambers
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
Commissioner Gray
Alternate Member
Paul Dorling
City Staff Member
C:\Progr~nFiles\NeeviaCom\DoctnlgntConverter\temp\PDFConvert.10969.1.CITY_COMNIISSION LIAISON ASSIGNMENTS 2011-2012[1].doc
Page 6
The Intergovernmental Coordination Issues Forum reviews and makes recommendations on issues
of multi jurisdictional significance, such as school concurrency, countywide fire rescue services, and
countywide library services. The intent is to Dave municipalities work together on issues of
countywide 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 March 31, 2011, June 30, 2011, September 29, 2011; and December 29, 2011.
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 Q~ambers.
C:\Progr~nFiles\NeeviaCom\DoctnlgntConverter\temp\PDFConvert.10969.1.CITY_COMNIISSION LIAISON ASSIGNMENTS 2011-2012[1].doc