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03-29-12 Annual Org MeetingCITY COMMISSION CITY OF DELRAY BEACH, FLORIDA ORGANIZATIONAL MEETING -THURSDAY, MARCH 29, 2012 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. 1. 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 Alson Jacquet Commissioner Angeleta E. Gray 4. Roll Call Newly Sworn-in Commission 5. Selection of Vice-Mayor (for the term March 30, 2012 through March 28, 2013) 6. Selection of Deputy Vice-Mayor (for the term March 30, 2012 through March 28, 2013) 7. Review and Acceptance of regularly scheduled City Commission Meeting dates for the period April 2012 through March 2013. 8. Establish a date for the 2013 Goal Setting Session 9. Review and Adoption of Rules of Procedure -Delray Beach City Commission (Local Rules) 10. Review and Adoption of Procedures for Quasi Judicial Hearings 11. Review of City Commission Liaison Appointments to various Advisory Boards and outside agencies 12. 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. Nubin, City Clerk THROUGH: David T. Harden, City Manager DATE: March 22, 2012 SUBJECT: AGENDA ITEM 7. -ORGANIZATIONAL MEETING OF MARCH 29, 2012 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 April 2012 through March 2013. BACKGROUND Below is the list of the regularly scheduled City Commission meeting dates for April 2012through March 2013: City Commission Meetings: April 03, 2012-Regular Meeting April 10, 2012-Workshop April 17, 2012-Regular Meeting *April 7, 2012 -First day of Passover May 01, 2012-Regular Meeting May 08, 2012-Workshop May 15, 2012-Regular Meeting June 05, 2012-Regular Meeting June 12, 2012-Workshop June 19, 2012-Regular Meeting July 03, 2012-Regular Meeting July 10, 2012-Workshop July 17, 2012-Regular Meeting August 07, 2012-Regular Meeting August 14, 2012-Workshop August 21, 2012-Regular Meeting September 04, 2012-Regular Meeting(Tentative Budget Hearing) September 11, 2012 -Workshop September 18, 2012-Regular Meeting (Final Budget Hearing) *September 17, 2012 -Rosh Hashana September 26, 2012 -Yom Kippur October 02, 2012-Regular Meeting October 09, 2012-Workshop October 16, 2012-Regular Meeting November 06, 2012-Regular Meeting (Election) November 13, 2012-Workshop November 20, 2012-Regular Meeting December 04, 2012-Regular Meeting December 11, 2012-Regular Meeting *December 9, 2012 -First day of Chanukah January 01, 2013-New Year's Day-City Hall Closed/Meeting date needs to be set. January 08, 2013-Workshop January 15, 2013-Regular Meeting January 29, 2013-ANNUAL CITIZEN’S ROUNDTABLE-7 PM Old School Square February 05, 2013-Regular Meeting February 12, 2013-Workshop February 19, 2013-Regular Meeting March 05, 2013-Regular Meeting March 12, 2013-MUNICIPAL ELECTION March 14, 2013-Special Meeting March 19, 2013-Regular Meeting March 28, 2013-ANNUAL ORGANIZATIONAL MEETING RECOMMENDATION Recommend Commission review and acceptance of the City Commission meeting dates for the period April 2012 through March 2013. MEMORANDUM TO: Mayor and City Commissioners FROM: David T. Harden, City Manager DATE: March 22, 2012 SUBJECT: AGENDA ITEM 8. -ORGANIZATIONAL MEETING OF MARCH 29, 2012 ESTABLISH A DATE FOR THE 2013 GOAL SETTING SESSION ITEM BEFORE COMMISSION This item is before Commission to establish a tenative date for the 2013 Commission Goal Setting Session. BACKGROUND For your information below is the date for the 2012 Commission Goal Setting Session with Lyle Sumek. SESSION DATE TIME LOCATION City Commission Monday, April 2, 2012 8:00 a.m. -5 p.m. Duncan Center In addition, Department Heads will meet with Mr. Sumek on Monday, March 26, 2012. Commission direction is requested regarding a tenative date for the 2013 Goal Setting Session. RECOMMENDATION Recommend that staff be directed to schedule the 2013 Commission Goal Setting Session for the first or second week in April 2013. MEMORANDUM TO: Mayor and City Commissioners FROM: Chevelle D. Nubin, City Clerk THROUGH: David T. Harden, City Manager DATE: March 22, 2012 SUBJECT: AGENDA ITEM 9. -ORGANIZATIONAL MEETING OF MARCH 29, 2012 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 29, 2012. BACKGROUND These rules were adopted by City Commission on March 31, 2011. 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 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 City 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 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. 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 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. 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. f. 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 by 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 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 a nomination/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. IV. CITY MANAGER/CITY ATTORNEY ANNUAL REVIEW. The City Commission shall annually, in the month of May, conduct a performance evaluation and salary review of the City Manager and City Attorney. Approved and adopted by the City Commission of the City of Delray Beach, Florida, at the Annual Organizational Meeting held on March 29, 2012. ATTEST: ____________________________________ Chevelle D. Nubin, MMC City Clerk MEMORANDUM TO: Mayor and City Commissioners FROM: Chevelle D. Nubin, City Clerk THROUGH: David T. Harden, City Manager DATE: March 22, 2012 SUBJECT: AGENDA ITEM 10. -ORGANIZATIONAL MEETING OF MARCH 29, 2012 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 29, 2012. BACKGROUND These procedures were adopted by City Commission on March 31, 2011 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 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. 3 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. 4 (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. 5 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 Citizen Participants are subject to crossexamination as set forth herein. 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 crossexamination. The Mayor or Board Chair shall first ask the crossexamination 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. 6 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 crossexamined. 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 MEMORANDUM TO: Mayor and City Commissioners FROM: Chevelle D. Nubin, City Clerk THROUGH: David T. Harden, City Manager DATE: March 22, 2012 SUBJECT: AGENDA ITEM 11. -ORGANIZATIONAL MEETING OF MARCH 29, 2012 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 2011 is attached (including updated information where applicable). RECOMMENDATION Recommend Commission make any desired changes, deletions or additions to the liaison assignments. M E M O R A N D U M TO: Mayor and City Commissioners THRU: David T. Harden, City Manager FROM: Chevelle D. Nubin, MMC, City Clerk SUBJECT: CITY COMMISSION LIAISON ASSIGNMENTS DATE: March 22, 2012 Below is the list of City Commission Liaison assignments as amended at the September 6, 2011 Regular Commission Meeting. BOARD LIAISON Community Redevelopment Agency Commissioner Carney 2nd & 4th Thursdays at 5:30 p.m. Primary Member Commission Chambers Commissioner Alperin Alternate Member Community Land Trust Mayor McDuffie 3rd Thursday at 6:00 p.m. Old School Square Library Delray Beach Public Library Commissioner Alperin 3rd Wednesday at 5:30 p.m. 2nd Floor Conference Room, Library 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 Second Wednesday of every month @6:30 p.m. in Media Center Spady Elementary School Mayor McDuffie April 30, 2012 @4:30 p.m. in Media Center Plumosa Elementary School Commissioner Alperin 1st Wednesday of the month @6:15 p.m. in the Media Center Pine Grove Elementary School Commissioner Gray May 17, 2012 @6:00 p.m. in Media Center Page 2 C:\Program Files\neevia.com\docConverterPro\temp\NVDC\48695CA6-48A6-4DBC-9B9D-5A2165D00985\PDFConvert.14148.1.CITY_COMMISSION_LIAISON_ASSIGNMENTS_2012-2013.doc Orchard View Elementary School Commissioner Carney 1st Wednesday of every month @5:00 p.m. in Media Center Village Academy Mayor McDuffie 1st Tuesday of the month @6:00 p.m. in Media Center Carver Middle School Commissioner Alperin 2nd Thursday of the month @6:00 p.m. in Media Center Atlantic High School Commissioner Gray April 24, 2012 and May 22, 2012 @6:00 p.m. in Media Center Downtown Development Authority Commissioner Frankel 2nd Monday at 12:00 Noon Primary Member First Floor Conference Room, City Hall Mayor McDuffie Alternate Delray Beach Marketing Cooperative Board of Directors Mayor McDuffie 4th Thursday at 8:30 a.m. Primary Member Chamber of Commerce Commissioner Gray Alternate Member Drug Task Force Mayor McDuffie 3rd Friday at 8:30 a.m. Primary Member Chief’s Conference Room, Police Department Commissioner Alperin Alternate Education Board Commissioner Alperin 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 Frankel 1st and 3rd Wednesdays at 6:00 p.m. Commission Chambers Parking Management Advisory Board Commissioner Carney 4th Tuesday at 5:30 p.m. First Floor Conference Room, City Hall Police & Fire Board of Trustees Commissioner Frankel 3rd Wednesday at 1:00 p.m. in Douglas Smith Training Room at Fire HQ or Assistant City Manager Police Chief’s Conference Room Page 3 C:\Program Files\neevia.com\docConverterPro\temp\NVDC\48695CA6-48A6-4DBC-9B9D-5A2165D00985\PDFConvert.14148.1.CITY_COMMISSION_LIAISON_ASSIGNMENTS_2012-2013.doc 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 Mayor McDuffie 1st Thursday at 4:30 p.m. First Floor Conference Room, City Hall OTHER CITY ADVISORY BOARDS: Board of Adjustment 1st and 3rd Thursday at 5:30 p.m. City Commission Chambers, City Hall Civil Service Board Meets as needed City Commission Chambers, City Hall Code Enforcement Board 2nd Tuesday at 1:30 p.m. City Commission Chambers, City Hall Delray Beach Housing Authority 3rd Thursday at 8:45 a.m. Lake Ida Plaza, Suite 310B 600 North Congress Avenue Financial Review Board 2nd and 4th Tuesday at 8:15 a.m. First Floor Conference Room, City Hall Green Implementation Advancement Board 4th Thursday of each month at 1:30 p.m. Environmental Services Department 434 South Swinton Avenue, Delray Beach Kids and Cops 1st Wednesday at 6:00 p.m. Police Department 300 West Atlantic Avenue, Delray Beach Neighborhood Advisory Council 3rd Monday at 5:30 p.m. First Floor Conference Room, City Hall Nuisance Abatement Board 1st and 3rd Monday as needed at 3:30 p.m. City Commission Chambers, City Hall Page 4 C:\Program Files\neevia.com\docConverterPro\temp\NVDC\48695CA6-48A6-4DBC-9B9D-5A2165D00985\PDFConvert.14148.1.CITY_COMMISSION_LIAISON_ASSIGNMENTS_2012-2013.doc Planning & Zoning Board 3rd Monday at 6:00 p.m. City Commission Chambers, City Hall Police Advisory Board Meets quarterly on the 2nd Monday of the month at 5:30 p.m. First Floor Conference Room, City Hall Public Employees Relations Commission Meets as needed City Commission Chambers, City Hall Site Plan Review and Appearance Board 2nd and 4th Wednesday at 6:00 p.m. City Commission Chambers, City Hall OUTSIDE AGENCY APPOINTMENTS Palm Beach County League of Cities, Inc. David T. Harden, City Manager Governmental Center Board of Directors; Transportation 301 North Olive Avenue Committee Chair; It’s the Economy Task Force West Palm Beach 33402 Commissioner Gray Contact: Richard Radcliffe, Exec. Director Co-Chair Education Committee (561) 355-4484 The Palm Beach County League of Cities, Inc. was chartered in 1969 as a non-profit corporation. The purpose of the Palm Beach County 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. David T. Harden, City Manager 301 S. Bronough Street, Suite 300 (32301) Urban Administration Committee Post Office Box 1757 Member Tallahassee, Florida 32302-1757 Contact: Scott Dudley, Sr. Legislative Advocate (850) 222-9684 Page 5 C:\Program Files\neevia.com\docConverterPro\temp\NVDC\48695CA6-48A6-4DBC-9B9D-5A2165D00985\PDFConvert.14148.1.CITY_COMMISSION_LIAISON_ASSIGNMENTS_2012-2013.doc Metropolitan Planning Organization Mayor McDuffie Of Palm Beach County Primary Member 160 Australian Avenue, Suite 201 P. O. Box 21229 Commissioner Alperin West Palm Beach 33416 Alternate Member Contact: Randy M. Whitfield, P.E. Director (561) 684-4170 or Paul Dorling (City staff) (561) 243-7040 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., 12th floor Conference room at the Governmental Center, 301 North Olive Avenue, West Palm Beach, Florida. Technical Advisory Committee (TAC, staff subcommittee) meets on the 1st Wednesday of the month at 9:00 a.m. at 2300 North Jog Road in the 4th floor Conference Room, #4E-12, West Palm Beach. Liaison to State Representatives Lori Berman, District 86 Commissioner Frankel Bill Hager, District 87 Commissioner Alperin Liaison to State Senators Ellyn Setnor Bogdanoff, District 25 Mayor McDuffie Christopher L. Smith, District 29 Commissioner Gray Maria Lorts Sachs, District 30 Commissioner Frankel Liaison to United States Representatives Ted Deutch, District 19 Commissioner Frankel Allen West, District 22 Mayor McDuffie Alcee L. Hastings, District 23 Commissioner Gray Intergovernmental Coordination Issues Commissioner Frankel Forum Primary Member Lantana Council Chambers 500 Greynolds Circle Lantana, 33405 Contact: Ana Yeskey Commissioner Gray 9835-16 Lake Worth Road, Suite 223 Alternate Member Lake Worth 33467 Paul Dorling (561) 434-2575 City Staff Member Page 6 C:\Program Files\neevia.com\docConverterPro\temp\NVDC\48695CA6-48A6-4DBC-9B9D-5A2165D00985\PDFConvert.14148.1.CITY_COMMISSION_LIAISON_ASSIGNMENTS_2012-2013.doc 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 countywide library services. The intent is to have 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. Meeting dates are to be determined. 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. August 14, 2012-Workshop August 21, 2012-Regular Meeting September 04, 2012-Regular Meeting (Tentative Budget Hearing) September 11, 2012 - Workshop September 18, 2012-Regular Meeting (Final Budget Hearing) *September 17, 2012 - Rosh Hashana September 26, 2012 - Yom Kippur October 02, 2012-Regular Meeting October 09, 2012-Workshop October 16, 2012-Regular Meeting November 06, 2012-Regular Meeting (Election) November 13, 2012-Workshop November 20, 2012-Regular Meeting December 04, 2012-Regular Meeting December 11, 2012-Regular Meeting *December 9, 2012 - First day of Chanukah January 01, 2013-New Year's Day-City Hall Closed/Meeting date needs to be set. January 08, 2013-Workshop January 15, 2013-Regular Meeting January 29, 2013-ANNUAL CITIZEN’S ROUNDTABLE-7 PM Old School Square February 05, 2013-Regular Meeting February 12, 2013-Workshop February 19, 2013-Regular Meeting March 05, 2013-Regular Meeting March 12, 2013-MUNICIPAL ELECTION March 14, 2013-Special Meeting March 19, 2013-Regular Meeting March 28, 2013-ANNUAL ORGANIZATIONAL MEETING RECOMMENDATION Recommend Commission review and acceptance of the C ity Commission meeting dates for the period April 2012 through March 2013. MEMORANDUM TO:Mayor and City Commissioners FROM:David T. Harden, City Manager DATE:March 22, 2012 SUBJECT:AGENDA ITEM 8. - ORGANIZATIONAL MEETING OF MARCH 29, 2012 ESTABLISH A DATE FOR THE 2013 GOAL SETTING SESSION ITEM BEFORE COMMISSION This item is before Commission to establish a tenat ive date for the 2013 Commission Goal Setting Session. BACKGROUND For your information below is the date for the 2012 Commission Goal Setting Session with Lyle Sumek. SESSION DATE TIME LOCATION City Commission Monday, April 2, 2012 8:00 a.m. - 5 p.m. Duncan Center In addition, Department Heads will meet with Mr. Su mek on Monday, March 26, 2012. Commission direction is requested regarding a tenat ive date for the 2013 Goal Setting Session. RECOMMENDATION Recommend that staff be directed to schedule the 20 13 Commission Goal Setting Session for the first or second week in April 2013. MEMORANDUM TO:Mayor and City Commissioners FROM:Chevelle D. Nubin, City Clerk THROUGH:David T. Harden, City Manager DATE:March 22, 2012 SUBJECT:AGENDA ITEM 9. - ORGANIZATIONAL MEETING OF MARCH 29, 2012 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 29, 2012. BACKGROUND These rules were adopted by City Commission on Marc h 31, 2011. The action requested is formal adoption of the Rule s of Procedure (Local Rules) for the ensuing year, with any modifications the Commission may deem nece ssary or appropriate. RECOMMENDATION Recommend approval and adoption of the Rules of Pro cedure 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 rul es of parliamentary procedures entitled “Robert’s Rules of Order”, being the reprint of the 19 07 edition. II. LOCAL RULES . A. The following Local Rules of Procedure shall be appl icable to the organization and conduct of business, as well as preparation and publi cation 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 o f Order” as adopted above, these Local Rules shall prevail to the extent of their co nflict or inconsistency with “Robert’s Rules of Order”. In addition to these local rules, ru les for quasi judicial proceedings shall apply to proceedings which require quasi judicial hear ings. 1. Regular meetings of the City Commission shall be he ld on the first and third Tuesdays of each month, with the exception of the mo nth 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 meeti ngs shall occur on the first and second Tuesdays at 6:00 p.m. at City Hall. There sha ll be no regular City Commission meeting on the date of a Delray Beach mun icipal 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 C ity Hall. 2. Workshop meetings of the City Commission shall be h eld on the second Tuesday of each month at 6:00 p.m. in City Hall, except that t here shall be no workshops in the month of December. 3. All regular City Commission meetings shall be held i n the City Commission Chambers at City Hall, unless otherwise designated by the City Commission. All workshop City Commission meetings will be held in ei ther the First Floor Conference Room or the Commission Chambers at City 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 C ity Commission. Thereafter, the meeting shall end upon the conclusion of each ho ur (12:00, 1:00, etc.), unless extended by a majority vote of the City Commission fo r 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 report s 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 t he Mayor in accordance with the provisions of the City Charter and the Code of Ordinances. 6. To the extent compatible with the conduct of busines s, all workshop meetings shall be held on an informal basis. The applicability of t he City’s general rules shall not be strictly applied. Public comments after presentatio ns will be limited to three (3) minutes at the Mayor’s discretion or by consensus of the City Commiss ion. 7. Although appropriate members of the City Attorney’s Office and City Administration may place items on either the worksho p or the regular agendas, all regular agendas shall be subject to review in advanc e 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 rem ove an item on such regular agendas, and that all such regular agendas shall be fu rther subject to the approval of the City Commission preceding the conduct of business at each s uch meeting. If the Commission or any of its members wish to pla ce or remove an item on an agenda, or if any member of the Commission has a que stion or concern about an item, any such request or inquiry shall be directed t o the City Manager’s office for disposition as opposed to any Commission member conta cting any City officer or employee who is subject to the direction and supervision of th e City Manager. 8. With regard to the agenda for regular City Commissio n meetings, the following shall apply: a. To the extent possible, the City Administration shal l group all matters by subject area, and shall place as many as possible on the consent porti on 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 Ma nager, the City Attorney, and members of the City Commission. The public hear ing 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 sectio n of the regular agenda may, at the discretion of the Commission, be discusse d 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 requ ests. d. (1) Votes taken on ordinances, resolutions and motio ns shall be by roll call and shall be recorded by the City Clerk. The roll call s hall 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/no n-agendaed items, except upon the declaration of an emergency. The dec laration of emergency shall only be determined upon the affirmative vote o f 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 eme rgency matters for consideration by the City Commission. e. All public input on agendaed or non-agendaed items sha ll be limited to not more than three (3) minutes per person, subject to an ex tension of such time upon the formal approval by a majority vote of the City Comm ission members present and voting on such request for extension of time. f. The Mayor shall have the authority to limit immater ial, unnecessary or redundant presentations or requests. g. Public input on agendaed items, other than those th at are specifically set for a formal public hearing, shall be allowed when agreed b y consensus of the City Commission. III. CITY BOARD, COMMITTEE, COMMISSION AND AGENDA APPOINTMENTS . A. All appointments to city boards, commissions and comm ittees whose members are not subject to appointment by other entities, and in ac cordance with any applicable restrictions by State Statute, shall be made in accordance w ith the following procedures: 1. All vacancies subject to appointment to such city b oards, commissions and committees shall be made on a nomination basis by ea ch of the members of the City Commission. This nomination shall be construed to b e a Motion to Appoint, which must be seconded by another member of the City Commis sion 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 re gular 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 Commis sioner. If a Commissioner makes a nomination/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 l ack of a second to the nomination or by not receiving sufficient affirmative votes, t hen 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 numb er 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 Cl erk’s office shall maintain records of the rotation list, the status of same, an d the nominations made by each Commissioner. In the instance where a vacancy is a vailable at a City Commission meeting where the Commissioner who is next on the ro tation is absent, then the City Commission shall postpone this appointment to the n ext 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 app ointed to a board, commission or committee by a Commissioner at a City Commission meeting, is unable to accept or declines the appointment, for wh atever reason, then the Commissioner who appointed the individual unable to s erve 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 appo intment 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 s ystem. 5. Appointments for vacancies occurring on a board whe rein 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 requir ements by the affirmative vote of no less than four (4) members of the City C ommission 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 g eneral rules or local rules which are inconsistent herewith, to the extent of such incon sistency. IV. CITY MANAGER/CITY ATTORNEY ANNUAL REVIEW. The City Commission shall annually, in the month o f May, conduct a performance evaluation and salary review of the City Manager and City Att orney. Approved and adopted by the City Commission of the Cit y of Delray Beach, Florida, at the Annual Organizational Meeting held on March 29, 2012. ATTEST: ____________________________________ Chevelle D. Nubin, MMC City Clerk MEMORANDUM TO:Mayor and City Commissioners FROM:Chevelle D. Nubin, City Clerk THROUGH:David T. Harden, City Manager DATE:March 22, 2012 SUBJECT:AGENDA ITEM 10. - ORGANIZATIONAL MEETING OF MARCH 29, 2012 REVIEW AND ADOPTION OF PROCEDURES FOR QUASI -JUDICIAL HEARINGS ITEM BEFORE COMMISSION Attached for your review are the Procedures for Qua si-Judicial Hearings for the City Commission as they are proposed for consideration at the Organiza tional Meeting on March 29, 2012. BACKGROUND These procedures were adopted by City Commission on March 31, 2011 and there have been no changes. The action requested is formal adoption of the Proc edures for Quasi-Judicial Hearings for the ensuing year, with any modifications the Commission may dee m necessary or appropriate. RECOMMENDATION Recommend approval and adoption of the Procedures f or 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 proce eding, 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 se rving on the board or commission and the public, other than thos e 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 addit ional requirements set forth in Section 3.B below. E. Quasi-Judicial Proceedings – proceedings where existing policies and regulations are applied to a specific property. Examp les are site specific rezonings, conditional use approvals, site plan approval s, waivers and variances, plat approvals, certificates of appropriateness, historic designations, but not land use amendments or amendment s to the comprehensive plan and not generally, amendments to th e Land Development Regulations. F. Relevant Evidence – evidence that either strengthens or weakens the application by supporting or disapproving factual asser tions related to the application. 2 2. General Procedures for City Commission Consent I tems. A. Consent Agenda Items . Applications before the City Commission for plat approval, variances, or waivers may be placed on the con sent agenda, if the Applicant signs a statement that the Applicant concur s with the Staff recommendation. B. Removal from Consent Agenda . The Applicant, the Mayor, any Commissioner, or any member of the public may request t hat an application for approval of a plat, waiver, or varian ce be removed from the City Commission consent agenda. If removed, the appli cation 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 a genda. 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 sha ll be sent to the Planning and Zoning Department. The project fil e 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 Zoni ng Department prior to the hearing. The project file wi ll include, but not be limited to, all Staff reports, pertinent sections of the Land Development Regulations and Comprehensive Plan. The f ile will contain curricula vitae, drawings, documents and all other pertinent documents. (3) Index . The Planning and Zoning Department staff will prov ide 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 submitte d 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. 3 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, meeti ng the requirements of 3B(2) below, which is received by the Pl anning 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 obtai n Party status, the owner must describe the effect of the application on owner’s property that is different from the effect on the pub lic as a whole. The City Attorney’s Office will advise as to whether suf ficient facts have been alleged to achieve Party status and shall n otify the person requesting Party status of the City Attorney’s op inion as to the adequacy of the request. Ultimate decisions as to P arty status shall be made by the City Commission or the Board. Th e 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 ri ght 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 wit nesses) 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 wit nesses) 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 thre e (3) minutes to speak. (5) Participants with a Representative . Speakers representing a group of six (6) or more interested citizens in attenda nce at the meeting shall have six (6) minutes to speak, as long as those being represented identify themselves and yield their time t o the representative at the meeting. (6) Representing an Organization . Speakers representing an organization that is comprised of interested citizens shal l have six (6) minutes to speak. 4 (7) Extension of Time by the Commission or Board . The Commission or the Board may, at their discretion, exten d 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 w ho plan to speak at the hearing shall collectively be sworn at the beginnin g 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 whethe r 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 re ceived 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 spe ak for or against the application. 5. The opportunity to cross-examination will occur after the presentation of a witness, and the manner and the condu ct of cross-examination shall be as provided in these rules. 6. The City Staff, the Applicant, and Parties may hav e 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 a nd render a decision. 5 D. Basis of Decision . All decisions shall be based on the evidence presented at the hearing on the case, which shall includ e 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 t he Board. 5. Cross-examination. A. Persons to be Cross-Examined . The City Staff, the Applicant, Parties, their respective witnesses and Citizen Participants are sub ject to cross- examination as set forth herein. 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 t he Mayor or Board Chair, the term Mayor or Board Chair shall be deemed to include the person authorized to run the meeting in t heir absence. If the Staff, the Applicant, or Parties desire to hav e the Mayor or Board Chair cross examine a Citizen Participant, they sh all, whenever possible, present written cross-examination questi ons 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 Ap plicant, and finally the Parties based on who submitted a request an d became a Party first. The Staff, Applicant, and any Parties’ cr oss-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 ma y 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) m inutes 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 a pplication. E. Good Faith Questions . The cross-examination shall not be designed to merely harass, intimidate, or embarrass the person testif ying. 6 F. Power to Halt Cross Examination . The Mayor or Board Chair shall determine whether the question and evidence is releva nt 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 incl ude the person authorized to run the meeting in their absence. The Mayor or Board Chair may defer to the City Attorney (or Assistant City Atto rney) to determine the relevancy of the question and the evidence and the pr oper scope of the cross-examination. The person conducting the cross-examinat ion may be stopped from pursuing a line of questioning, if the qu estioning is on an issue that is not relevant, the scope of proper cross exami nation is exceeded, or the cross-examination is conducted in a manne r 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 Boa rd 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 Commissi on and any Board that does not have specific rules for the conduct of quasi-judi cial proceedings. Approved and adopted by the City Commission of the Ci ty 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 MEMORANDUM TO:Mayor and City Commissioners FROM:Chevelle D. Nubin, City Clerk THROUGH:David T. Harden, City Manager DATE:March 22, 2012 SUBJECT:AGENDA ITEM 11. - ORGANIZATIONAL MEETING OF MARCH 29, 2012 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 change s, deletions or additions that the Commission may direct. BACKGROUND A list of City Commission liaison assignments from 2011 is attached (including updated information where applicable). RECOMMENDATION Recommend Commission make any desired changes, dele tions or additions to the liaison assignments. M E M O R A N D U M TO: Mayor and City Commissioners THRU: David T. Harden, City Manager FROM: Chevelle D. Nubin, MMC, City Clerk SUBJECT: CITY COMMISSION LIAISON ASSIGNMENTS DATE: March 22, 2012 Below is the list of City Commission Liaison assign ments as amended at the September 6, 2011 Regular Commission Meeting. BOARD LIAISON Community Redevelopment Agency Commissioner Carney 2 nd & 4 th Thursdays at 5:30 p.m. Primary Member Commission Chambers Commissioner Alperin Alternate Member Community Land Trust Mayor McDuffie 3 rd Thursday at 6:00 p.m. Old School Square Library Delray Beach Public Library Commissioner Alperin 3 rd Wednesday at 5:30 p.m. 2 nd Floor Conference Room, Library Delray Beach Public Schools City Commissioners adopt a Delray Beach Public School and serv e as a liaison to that School’s Advisory Committee. The Schools are: Banyan Creek Elementary School Commissioner Frankel Second Wednesday of every month @ 6:30 p.m. in Media Center Spady Elementary School Mayor McDuffie April 30, 2012 @ 4:30 p.m. in Media Center Plumosa Elementary School Commissioner Alperin 1 st Wednesday of the month @ 6:15 p.m. in the Media Center Pine Grove Elementary School Commissioner Gray May 17, 2012 @ 6:00 p.m. in Media Center Page 2 C:\Program Files\neevia.com\docConverterPro\temp\NVD C\48695CA6-48A6-4DBC-9B9D- 5A2165D00985\PDFConvert.14148.1.CITY_COMMISSION_LIA ISON_ASSIGNMENTS_2012-2013.doc Orchard View Elementary School Commissioner Carney 1 st Wednesday of every month @ 5:00 p.m. in Media Center Village Academy Mayor McDuffie 1 st Tuesday of the month @ 6:00 p.m. in Media Center Carver Middle School Commissioner Alperin 2 nd Thursday of the month @ 6:00 p.m. in Media Center Atlantic High School Commissioner Gray April 24, 2012 and May 22, 2012 @ 6:00 p.m. in Media Center Downtown Development Authority Commissioner Frankel 2 nd Monday at 12:00 Noon Primary Member First Floor Conference Room, City Hall Mayor McDuffie Alternate Delray Beach Marketing Cooperative Board of Directors Mayor McDuffie 4 th Thursday at 8:30 a.m. Primary Member Chamber of Commerce Commissioner Gray Alternate Member Drug Task Force Mayor McDuffie 3 rd Friday at 8:30 a.m. Primary Member Chief’s Conference Room, Police Department Commissioner Alperin Alternate Education Board Commissioner Alperin 1 st 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 Frankel 1 st and 3 rd Wednesdays at 6:00 p.m. Commission Chambers Parking Management Advisory Board Commissioner Carney 4 th Tuesday at 5:30 p.m. First Floor Conference Room, City Hall Police & Fire Board of Trustees Commissioner Frankel 3 rd Wednesday at 1:00 p.m. in Douglas Smith Training Room at Fire HQ or Assistant City Manager Police Chief’s Conference Room Page 3 C:\Program Files\neevia.com\docConverterPro\temp\NVD C\48695CA6-48A6-4DBC-9B9D- 5A2165D00985\PDFConvert.14148.1.CITY_COMMISSION_LIA ISON_ASSIGNMENTS_2012-2013.doc Public Art Advisory Board Commissioner Frankel 4 th Monday at 6:00 p.m. Environmental Services Department, Administration Buildi ng 434 South Swinton Avenue Sister Cities Committee Mayor McDuffie 1 st Thursday at 4:30 p.m. First Floor Conference Room, City Hall OTHER CITY ADVISORY BOARDS: Board of Adjustment 1st and 3 rd Thursday at 5:30 p.m. City Commission Chambers, City Hall Civil Service Board Meets as needed City Commission Chambers, City Hall Code Enforcement Board 2 nd Tuesday at 1:30 p.m. City Commission Chambers, City Hall Delray Beach Housing Authority 3 rd Thursday at 8:45 a.m. Lake Ida Plaza, Suite 310B 600 North Congress Avenue Financial Review Board 2 nd and 4 th Tuesday at 8:15 a.m. First Floor Conference Room, City Hall Green Implementation Advancement Board 4 th Thursday of each month at 1:30 p.m. Environmental Services Department 434 South Swinton Avenue, Delray Beach Kids and Cops 1 st Wednesday at 6:00 p.m. Police Department 300 West Atlantic Avenue, Delray Beach Neighborhood Advisory Council 3 rd Monday at 5:30 p.m. First Floor Conference Room, City Hall Nuisance Abatement Board 1 st and 3 rd Monday as needed at 3:30 p.m. City Commission Chambers, City Hall Page 4 C:\Program Files\neevia.com\docConverterPro\temp\NVD C\48695CA6-48A6-4DBC-9B9D- 5A2165D00985\PDFConvert.14148.1.CITY_COMMISSION_LIA ISON_ASSIGNMENTS_2012-2013.doc Planning & Zoning Board 3 rd Monday at 6:00 p.m. City Commission Chambers, City Hall Police Advisory Board Meets quarterly on the 2 nd Monday of the month at 5:30 p.m. First Floor Conference Room, City Hall Public Employees Relations Commission Meets as needed City Commission Chambers, City Hall Site Plan Review and Appearance Board 2 nd and 4 th Wednesday at 6:00 p.m. City Commission Chambers, City Hall OUTSIDE AGENCY APPOINTMENTS Palm Beach County League of Cities, Inc . David T. Harden, City Manager Governmental Center Board of Directors; Transportation 301 North Olive Avenue Committee Chair; It’s the Economy Task Force West Palm Beach 33402 Commissioner Gray Contact: Richard Radcliffe, Exec. Director Co-Chair Educat ion Committee (561) 355-4484 The Palm Beach County League of Cities, Inc. was ch artered in 1969 as a non-profit corporation. The purpose of the Palm Beach County League of Citi es 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 (normal ly the 4 th Wednesday) at 11:30 a.m. at different host cities around the county. The Board of Directors meets once per month (normally the 4 th Wednesday) at 10:00 a.m., at various locations in Palm Beach County. Florida League of Cities, Inc. David T. Harden, City Manager 301 S. Bronough Street, Suite 300 (32301) Urban Administr ation Committee Post Office Box 1757 Member Tallahassee, Florida 32302-1757 Contact: Scott Dudley, Sr. Legislative Advocate (850) 222-9684 Page 5 C:\Program Files\neevia.com\docConverterPro\temp\NVD C\48695CA6-48A6-4DBC-9B9D- 5A2165D00985\PDFConvert.14148.1.CITY_COMMISSION_LIA ISON_ASSIGNMENTS_2012-2013.doc Metropolitan Planning Organization Mayor McDuffie Of Palm Beach County Primary Member 160 Australian Avenue, Suite 201 P. O. Box 21229 Commissioner Alperin West Palm Beach 33416 Alternate Member Contact: Randy M. Whitfield, P.E. Director (561) 684-4170 or Paul Dorling (City staff) (561) 243-7040 The Metropolitan Planning Organization of Palm Beac h County was created pursuant to Chapter 339.175 of the Florida Statutes. Their objectives a re to encourage and promote the safe and efficient management, operation and development of s urface 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 consump tion 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 3 rd Thursday of the month at 9:00 a.m., 12 th floor Conference room at the Governmental Center, 301 Nort h Olive Avenue, West Palm Beach, Florida. Technical Advisory Committee (TAC, staff subcommitt ee) meets on the 1 st Wednesday of the month at 9:00 a.m. at 2300 North Jog Road in the 4 th floor Conference Room, #4E-12, West Palm Beach. Liaison to State Representatives Lori Berman, District 86 Commissioner Frankel Bill Hager, District 87 Commissioner Alperin Liaison to State Senators Ellyn Setnor Bogdanoff, District 25 Mayor McDuffie Christopher L. Smith, District 29 Commissioner Gray Maria Lorts Sachs, District 30 Commissioner Frankel Liaison to United States Representatives Ted Deutch, District 19 Commissioner Frankel Allen West, District 22 Mayor McDuffie Alcee L. Hastings, District 23 Commissioner Gray Intergovernmental Coordination Issues Commissioner Frankel Forum Primary Member Lantana Council Chambers 500 Greynolds Circle Lantana, 33405 Contact: Ana Yeskey Commissioner Gray 9835-16 Lake Worth Road, Suite 223 Alternate Member Lake Worth 33467 Paul Dorling (561) 434-2575 City Staff Member Page 6 C:\Program Files\neevia.com\docConverterPro\temp\NVD C\48695CA6-48A6-4DBC-9B9D- 5A2165D00985\PDFConvert.14148.1.CITY_COMMISSION_LIA ISON_ASSIGNMENTS_2012-2013.doc The Intergovernmental Coordination Issues Forum revi ews and makes recommendations on issues of multi-jurisdictional significance, such as school concurrency, county wide fire rescue services, and countywide library services. The intent is to have municipalities work together on issues of countywide concern or impact and to assist in the res olution of any disputes which may arise between local governments. The Issues Forum meets on a quarterly basis. Meeting dates are to be determined. The Executive Committee meeting at 9:30 a.m., Issue s Forum at 10:30 a.m. and IPARC at 1:30 p.m. in the Lantana Council Chambers.