03-31-05 Agenda Org
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DELRAY BEACH
tIïtd
AlI-AnøIcaClty
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1993
2001
CITY COMMISSION
CITY OF DELRAY BEACH. FLORIDA
ORGANIZATIONAL MEETING
THURSDAY. MARCH 31. 2005. 6:00 P.M. - COMMISSION CHAMBERS
The City will furnish appropriate auxiliary alds and services where necessary to afford an mdividual 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 Randolph at 243-7127, 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 Comnùssion 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 Rita Ellis
Commissioner Jon Levinson
Mayor Jeff Perlman
4. Roll Call Newly Sworn-in Commission
5. Selection of Vice-Mayor (for the term April 1, 2005 through March 30, 2006)
6. Selection of Deputy Vice-Mayor (for the term April 1, 2005 through March 30,2006)
7. Review and Acceptance of regularly scheduled City Commission Meeting dates for the
period April 2005 through March 2006
8. Establish a date for the 2006 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 Comnùssion 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:
FROM:
Mayor and City Comnùssioners
David T. Harden, City Manager ØV/
Chevelle D. Nubin, City Clerk
THRU:
SUBJECT:
CITY COMMISSION MEETING DATES
DATE:
March 2S, 200S
Below is the list of the regularly scheduled City Comnùssion meeting dates for the period April 200S
through March 2006 for your review and discussion.
City Commission Meetings
April OS, 200S-Regular Meeting
April 12, 200S-Workshop
April 19, 200S- Regular Meeting
May 03, 200S-Regular Meeting
May 10, 200S-Workshop
May 17, 200S-Regular Meeting
June 07, 200S-Regular Meeting
June 14, 200S-Workshop
June 21, 200S-Regular Meeting
July OS, 200S-Regular Meeting
July 12, 200S-Workshop
July 19, 200S-Regular Meeting
August 02, 200S-Regular Meeting
August 09, 200S-Workshop
August 16, 200S-Regular Meeting
September 06, 200S-Regular Meeting (Tentative Budget Hearing)
September 13, 200S-Workshop
September 20, 200S-Regular (Tentative Final Budget Hearing)
October 04, 200S-Regular Meeting (Rosh Hashanah)
October 11, 200S- Workshop
October 18, 200S-Regular Meeting
November 01, 200S-Regular Meeting
November 08, 200S-Workshop
November 1S, 200S-Regular Meeting
'1
City Commission Meeting Dates
Page 2
December 06, 2ooS-Regular Meeting
December 13, 2ooS-Regular Meeting
January 03, 2006-Regular Meeting
January 10, 2006-Workshop
January 17, 2006- Regular Meeting
January 24, 2006-TOWN HALL MEETING-7 pm Old School Square
February 07, 2006-Regular Meeting
February 14, 2006-Workshop (Valentine's Day)
February 21, 2006-Regular Meeting
*March 07, 2006-Regular Meeting
March 14, 2006-MUNICIPAL ELECTION
March 16, 2006-Special Mtg/ Workshop (Thursday)
March 21, 2006-Regular Meeting
March 30, 2006-ANNUAL ORGANIZATIONAL MEETING
*Palm Beach County Days in Tallahassee are March 7 - 9, 2006
en
Sf ^"",da 2005fMemo/Meebng Dates
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JANUARY
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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
ÆBRUARY
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MARCH
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APRIL
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10 11 12 13 14 15 16
17 18 19 20 21 22 23
24 25 26 27 28 29 30
MAY
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29 30 31
JUNE
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12 13 14 15 16 17 18
19 20 21 22 23 24 25
26 27 28 29 30
IMPORTANT DATES
./AIIUARY
1 Hew Year's
17 .......~.... Jr Day (US)
~I~'R.:~ MIla
5 Anmersary 01 the ConstltutlOfl (M)
9 Chtr1esI New Year
9 Ash Wednesday
10 First 01 Muh¡rram
12 lWlcoln', Buthday (US)
14 Yalenhne's Day
19 Ashura
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~ D.y (M)
14 Eastern Orthodo ( lent begms
11 51 Patnc:k's Day
¡g ::\=
21 8emloJuMoz'Brrtl1day(MI
25 Good F_
27 East...
2B em.. MoncIay (CI
AJ'RIl
3 Dayhght Smno T ifni begUls
2" Passover"
fl,.yAdmmrsttalrvl ProfesStDnats Day IC US)
1 Eastern Orthodox Easter
~ ~':ca~ ~brance Day
~ ~~:, ~~(~~)
10 MoIh,.-, Day (M)
21 _ Forees Day IUS)
~ =Q~~Cbt,_ (US)
JUlIE
1: ~~l~)
21 Summer beoms
24 51 Joan lapbsh (0'-)
MY
1 Canada Day
~~"'" Day (USI
1 CMC HoIrday IC)
SEl'ŒIIIfII
5 labofDay(C US)
11 P_ Day (US)
15 Declaration ..I......""""" (MI
16 Indtptndtoct Day 1M)
22 Autumn begins
IICTIIIER
.. Rosh HashaaaI1~
4 F... of Almadan
10 CoIumlKls Day _IUS)
10 ThonIcsgMng (CI
12 O,y of 1111 _ (M)
13 Yom K"IPPIK"
~: = r::.. D~~/~)
~ ~:e,. Savtnø Ttmt ends
NOvt_
1 AllSarntsOay(M)
2 Day of ... Otad (M)
~ l:I:n:V (U
11 V_' Day (~)
11 Rtmtmb<anco Day (C)
20 R""""'n AnnMfSafy (M)
ä~rnø(US)
7 PoarJHartIor Rtmtmbranct Day (US)
12 VIfIIi... GuadaIuot (M)
21 Wenter begms
25 CtJristmas
26 HanukUh ~
26 BoXfll Day (C)
26 Kwanzaa beQtns
JULY
SMTWTFS
1 2
345 6 789
10 11 12 13 14 15 16
17 18 19 20 21 22 23
24 25 26 27 28 29 30
31
AUGUST
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7 8 9 10 11 12 13
14 15 16 17 18 19 20
21 22 23 24 25 26 2J
28 29 30 31
SEPTEMBER
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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
OCTOBER
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9 10 11 12 13 14 15
16 17 18 19 20 21 22
23 24 25 26 27 28 29
30 31
NOVEMBER
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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
DECEMBER
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25 26 27 28 29 30 31
. AU jewISh holidays beain at sundown the day before they are lIsted here
C - Canada, M - MéxICO,\JS - Umted Stares
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2006
IMPORTANT oms
JAIIUMY
1 New Year's
10 (Etd,aI Ad..
16 MaI1In luII10r KmQ. Jr Day (US)
29 Clunese New Year
30 Fnt of Mufwram
FEllRUARY
5 AMNersary ot the ConstIbJl:IOft ¡M)
8 _n
12 L_n', 8nhday (US)
14 Valentrne'sDay
~ :.e::~~(ŒI
~~ Day (M)
1As11~
6 Eastern Orthodox lent begins
17 St PalrO's Day
20 Sprong begons
i/.Rrr"0 Juarez' B"''''y (M)
2 Dayfoght Savmo T me ......
9 Palm Sunday
13 Passov.....
14 Good Friday
16 EIsler
11 Ú$!erMooday{C)
23 ûstem Orthodox Euter
25 Holocaust Remembrance Day
:AyAdmm- Professoonals Day (C, US¡ S
: ~:: ~~.:>~ (M)
10 Mother s Iñy (M)
14 Mother s Day (C, US)
20 Arme<I fan:os Day (US)
22 VICIOna Day IC)
29 Memonal Day Observed (US)
JUNE
:: f:k~~)
21 Summer beglOS
2. 51 Jean BapIJSI. (Ouébec)
JULY
1 Canada Day
á;';3rdence Day (US)
J~~(C)
. LaIIo<Day{C US)
11 Palr10t Day (US)
15 DeclaratIOn 01 Independence (WI
16 )ndependonce Day (M)
23 Rosh Hashanah e
23 Autumn begins
23 first of Ramadan
OCTOBER
2 Yom I(qtpur-
9 Co~"'" Day Observed (US)
9 T_no (e¡
12 DayoltheRaœ{M'
16 NatlOOll Boss Day (US)
23 (ElI)al Ftr
2. Unded Natooos Day (US¡
~ ~:e..SmngTneends
IIOVEMBER
~ ~~~":'~M¡\.¡)
1~ ~=:,~~)
11 Remembrance Day (C)
20 R........n AnnMRary (M)
~CE~(US)
7 ___Day{US)
12 VlTQln 01 Guadalape (M)
16 Ha,"*kahe
22 Wintef begins
25 ChŒtmas
26 BoIOll Day (e¡
26 Kwanzaa bottnS
30 (Etd¡aI Adha
~ ~~~~~ ~O~I~:'C~'lTs ~t ~::::~:rl,~:: day beforB they are I)sted here
JANUARY
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8 9 10 11 12 13 14
15 16 17 18 19 20 21
22 23 24 25 26 27 28
29 30 31
FEBRUARY
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5 6 7 8 9 10 11
12 13 14 15 16 17 18
19 20 21 22 23 24 25
26 27 28
MARCH
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12 13 14 15 16 17 18
19 20 21 22 23 24 25
26 27 28 29 30 31
APRIL
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16 17 18 19 20 21 22
23 24 25 26 27 28 29
30
MAY
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14 15 16 17 18 19 20
21 22 23 24 25 26 27
28 29 30 31
JUNE
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25 26 27 28 29 30
JULY
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30 31
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AUGUST
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20 21 22 23 24 25 26
27 28 29 30 31
SEPTEMBER
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10 11 12 13 14 15 16
17 18 19 20 21 22 23
24 25 26 27 28 29 30
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OCTOBER
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8 9 10 11 12 13 14
15 16 17 18 19 20 21
22 23 24 25 26 27 28
29 30 31
NOVEMBER
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12 13 14 15 16 17 18
19 20 21 22 23 24 25
26 27 28 29 30
DECEMBER
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MEMORANDUM
SUBJECT:
MAYOR AND CITY COMMISSIONERS
CITY MANAGER t1n1
AGENDA ITEM # ~ - ORGANIZATIONAL MEETING OF MARCH 31. 2005
GOAL SETTING SESSIONS
TO:
FROM:
DATE:
MARCH 2S, 200S
For your review, below is the list of the 2005 Goal Setting Sessions with Lyle Sumek.
SESSION
DATE
Monday, April 11, 200S
Tuesday, April 12, 200S
TIME
8:00 a.m. - S:OO p.m.
8:00 a.m. - S:OO p.m.
LOCATION
Department Heads
City Comnùssion
Golf Course
Duncan Center
Recommend Comnùssion discussion regarding dates for the 2006 Goal Setting Sessions.
S:\CJty Clerk\agenda memos\Goal Settmg.03 31.05
Message
Page 1 of 1
Nubin, Chevelle
Sent:
To:
Cc:
From: Rangel, Delores
Tuesday, January 25,200510:43 AM
Department Heads
Bauer, Gerri; Sweeney, Tracey; Quinlan, Donna; Valek, Denise; Fox, Patsy; Murray, Jennifer;
Shade, Cecelia; Inglese, Cathy; Luteran, Sue; Fischer, Julie; Taylor, Patricia; Pierpont, Carole;
McDonough, Celeste
Subject: Goal Setting Session
January 25, 2005
The Goal Setting Session for the Department Heads with Lyle Sumek has been scheduled for Monday, April
11th from 8:00 a.m. until 5:00 p.m. at the Golf Course. Please put this on your calendars.
The Commission will be meeting with Lyle on Tuesday, April 12th at the Duncan Center (FYI)
Thanks!
Delores
3/10/2005
MEMORANDUM
FROM:
Mayor and City Comnùssioners
David T. Harden, City Monage< ZJl1
Chevelle D. Nubin, City Clerk
TO:
THRU:
SUBJECT:
RULES OF PROCEDURE - CITY COMMISSION (LOCAL RULES)
DATE:
March 25, 200S
Attached for your review are the Rules of Procedure for the City Comnùssion as they are proposed for
consideration at the Organizational Meeting on March 31, 200S.
These rules were adopted by City Comnùssion on March 25, 2004 and there have been no changes.
The action requested is formal adoption of the Rules of Procedure (Local Rules) for the ensuing year, with
any modifications the Comnùssion may deem necessary or appropriate.
Attachment
SI Agenda2005/MernoLocalRules
<1
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
Comnùssion 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 Comnùssion 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 Comnùssion meetings shall occur on the first and
second Tuesdays at 6:00 p.m. at City Hall. There shall be no regular City
Comnùssion 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 Comnùssion 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 Comnùssion. All
workshop City Comnùssion meetings will be held in either the First Floor
Conference Room or the Comnùssion Chambers at City Hall, as detetnÚned by the
City Manager. All meetings of the City Comnùssion shall end by 11 :00 p.m. unless
extended beyond 11:00 p.m. by a majority vote of the City Commission. 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 Comnùssion for the purposes of holding joint meetings with
City boards, etc., to include receiving annual reports and presentations from the
City's boards, comnùttees, agencies and authorities, or for such other purposes as
may be deemed necessary or desirable by the City Comnùssion.
S. 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) at
the Mayor's discretion or by consensus of the City Comnùssion.
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 Comnùssion 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 Comnùssion preceding the conduct of business at each such meeting.
If the Comnùssion or any of its members wish to place or remove an item on an
agenda, or if any member of the Comnùssion 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 Comnùssion 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 Comnùssion. 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 Comnùssion, be discussed by the City Comnùssion
at the time of such presentation, may be directed by the Comnùssion 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 Comnùssion seats, i.e.:
Motion A - Order of rotation: Seat 1, Seat 2, Seat 3, Seat 4, Seat S
Motion B - Order of rotation: Seat 2, Seat 3, Seat 4, Seat S, Seat 1
Motion C - Order of rotation: Seat 3, Seat 4, Seat S, 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 determmed upon the affirmative vote of no less than four (4)
members, or a unanimous vote if only three (3) City Comnùssion 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 Comnùssion 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 at the specific request of individual City
Comnùssion members.
III.
CITY BOARD.
APPOINTMENTS.
COMMITTEE.
COMMISSION
AND
AGENDA
A. All appointments to city boards, comnùssions and comnùttees 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, comnùssions and
committees shall be made on a nomination basis by each of the members of the City
Comnùssion. This nomination shall be construed to be a Motion to Appoint, which
must be seconded by another member of the City Comnùssion then present and
voting, and then adopted by an affirmative vote of no less than three (3) votes.
If a Comnùssioner 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 Comnùssioner.
2. The rotation system shall be by numbered Comnùssion seat and insofar as possible,
each Comnùssion 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 S
Board B - Order of Rotation: Seat 2, Seat 3, Seat 4, Seat S, Seat 1
Board C - Order of Rotation: Seat 3, Seat 4, Seat S, Seat 1, Seat 2
3. A separate rotation list shall be established by the City Clerk's office for each such
City board, comnùssion 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
Comnùssioner. In the instance where a vacancy is available at a City Commission
meeting where the Comnùssioner who is next on the rotation is absent, then the City
Comnùssion 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 Comnùssioner on the rotation system present at that
meeting.
4. In the event that an individual, duly nominated and appointed to a board,
commission or comnùttee by a Commissioner at a City Comnùssion meeting, is
unable to accept or declines the appointment, for whatever reason, then the
Comnùssioner 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 Comnùssioner 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.
S. 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, comnùssion or committee, shall be to complete the unexpired term
only.
6. The City Comnùssion retains the right to waive these requirements by the affirmative
vote of no less than four (4) members of the City Comnùssion 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, 200S.
ATTEST:
Chevelle D. Nubin
City Clerk
Note'LocaI Rules as adopted by CIty CommtSSlOn March 31, 2005
~f/S/ ^"",da 2005/Local Rules
MEMORANDUM
FROM:
Mayor and City Comnùssioners
David T. Harden, City Manager tïJt'1
Chevelle D. Nubin, City Clerk
TO:
THRU:
SUBJECT:
PROCEDURES FOR OUASI-]UDICIAL HEARINGS
DATE:
March 2S, 200S
Attached for your review are the Procedures for Quasi-Judicial Hearings for the City Comnùssion as they
are proposed for consideration at the Organizational Meeting on March 31, 200S.
These procedures were adopted by City Comnùssion on March 2S, 2004 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 Comnùssion may deem necessary or appropriate.
Attaclunent
51 Agenda 2005/MemoQuast-Juwaal Heanngs
to
City of Delrav Beach Procedures for Quasi-Judicial Hearinas
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 Aaenda 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 Aaenda. 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 Processina for Hearinas.
A. Filellnsoection.
(1) Establishina 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.
B. Partv Status
(1) Party Status - Written Reauests: 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 Reauest. 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
2
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) ADDlicant 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 ParticiDants in General. Citizen participants not
represented by a representative speaker shall have three (3)
minutes to speak.
(5) ParticiDants with a ReDresentative. 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) ReDresentina an Oraanization. Speakers representing an
organization that is comprised of interested citizens shall have six
(6) minutes to speak.
(7) Extension of Time bv the Commission or Board. The
Commission or the Board may, at their discretion, extend the time
for presentations.
4. Conduct of the Hearina.
A. Swearina 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
3
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.
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 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 the Mayor or
4
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.
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.
5
6. Applicabilitv.
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 31,2005.
ATTEST:
Chevelle D. Nubin
City Clerk
ReI/S/Agenda 2005lQua$l JucllaaI Rules
6
MEMORANDUM
TO:
FROM:
Mayor and City Comnùssioners
David T. Harden, City ManagertfJ/)
Chevelle D. Nubin, City Clerk
THRU:
SUBJECT:
REVIEW CITY COMMISSION LIAISON ASSIGNMENTS
DATE:
March 2S, 200S
Below is the list of City Comnùssion Liaison assignments as approved at the annual Organizational
Meeting on March 2S, 2004. It is requested that they be reviewed at this time and any changes,
deletions, or additions be made pursuant to Comnùssion discretion.
BOARD
LIAISON
Community Redevelo.pment Agency
Commissioner Levinson
Primary Member
Commissioner Archer
Alternate Member
Dekay Beach Arts Council. Inc.
Commissioner Archer
Dekay Beach Public Schools
City Comnùssioners adopt a Delray Beach Public School and sit on that School's Advisory
Comnùttee. The Schools are:
Banyan Creek Elementary School
Spady Elementary School
Plumosa Elementary School
Pine Grove Elementary School
Orchard View Elementary School
Village Academy
Carver Middle School
Atlantic High School
Mayor Perlman
Commissioner Costin
Commissioner Costin
Mayor Perlman
Commissioner McCarthy
Commissioner McCarthy
Commissioner Archer
Commissioner Levinson
Downtown Development Authority
2nd Monday at 12:00 Noon
Chamber of Commerce
Commissioner Costin
Education Board
1 st Monday at S:30 p.m.
First Floor Conference Room, City Hall
Mayor Perlman
Primary Member
Commissioner Archer
Alternate Member
, ,
General Employees Retirement
Committee
Meets as needed
Joint Venture
2nd Thursday at 8:00 a.m.
Chamber of Commerce
Parking Management Advisory Board
4th Tuesday at S:30 p.m.
First Floor Conference Room, City Hall
Police & Fire Board of Trustees
3rd Wednesday from 2-4 p.m. in
Training Room at Fire HQ or
Police Chiefs Conference Room
Sister Cities Committee
1 sl Thursday at 4:00 p.m.
First Floor Conference Room, City Hall
Page 2
Tom Lynch to continue
as Comnùssion appointee
Commissioner Costin
Commissioner Archer
Mayor Perlman
(The Mayor is a sitting member
Section 33.6S of the City Code)
Commissioner Archer
OUTSIDE AGENCY APPOINTMENTS
Palm Beach County League of Cities, Inc.
Governmental Center
301 North Olive Avenue
West Palm Beach 33402
Contact: James Titcomb, Exec. Director
(S61) 3SS-4484
David T. Harden, City Manager
Board of Directors; Transportation/
Legislative Sub-Comnùttee Chair
Commissioner Jon Levinson
Alternate Member
The Palm Beach County League of Cities, Inc. was chartered in 1969 as a non-profit
corporation. The purpose of the Palm Beach County League of Cities is to promote and
advance the collective interest of the municipalities of Palm Beach County; to study
mumcIpal 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 10:30 a.m.
at different host cities around the county. The Board of Directors meets once per month
(normally the 2nd Wednesday) at 10:00 a.m., 12th Floor Conference Room at the
Governmental Center in West Palm Beach.
Florida League of Cities. Inc.
301 S. Bronough Street, Suite 300 (32301)
Post Office Box 17S7
Tallahassee, Florida 32302-17S7
Contact: Scott Dudley, Sr. Legislative Advocate
(8S0) 222-9684
David T. Harden, City Manager
Transportation & Urban Administration
Policy Comnùttee Member
Mayor Perlman
Criminal Justice Policy Committee
Member
Approved LlIuson Assignments 3-25-04
Palm Beach County Beaches
& Shores Council (DISBANDED)
PBC Planning, Zoning & Building Dept.
2nd Floor Conference Room
100 Australian Avenue 33406
West Pam Beach
Page 3
Paul Dorling
Planning Director
Primary Member
Scott Pape
Senior Planner
Alternate Member
The Beaches & Shores Council meets on the 2nd Monday of each month at 1:30 p.m. Their
purpose is to provide recommendatlOns to the Florida Department of Environmental
Protection on all proposed construction east of the coastal constructlon line and to serve as
a forum for discusslOn of coastal matters 111 Palm Beach County.
Metropolitan Planning Organization
Of Palm Beach Coun~
160 Australian Avenue, Suite 201
P. O. Box 21229
West Palm Beach 33416
Contact: Randy M. Whitfield, P.E. Director
(S61) 684-4170
or Paul Dorlmg (City staff)
(S61) 243-7040
Commissioner Archer
Primary Member
Commissioner Costin
Alternate Member
The Metropolitan Planning Organization of Palm Beach County was created pursuant to
Chapter 339.17 S of the Florida Statutes. Their objectives are to encourage and promote the
safe and efficient management, operatlon and development of surface transportation systems
that will serve the mobility needs of people and freight within the trough 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. Technical Advisory Comnuttee (TAC,
staff subcomnùttee) meets on the 1st Wednesday of the month at 9:00 a.m. at 160 Austrahan
Avenue in the Sth floor Conference Room.
Liaison to State Re.,presentatives
Anne Gannon, District 86
Adam Hasner, District 87
Liaison to State Senators
Jeffery Atwater, District 2S
M. "Mandy" Dawson, District 29
Ron Klein, District 30
Liaison to United States Representatives
E.Clay Shaw, Jr., District 22
Robert Wexler, District 19
Alcee L. Hastings, Distnct 23
Mayor Perlman
Mayor Perlman
Commissioner Costin
Commissioner McCarthy
Mayor Perlman
Mayor Perlman
Commissioner Levinson
Commissioner McCarthy
Approved Lialson ASSignments 3-25-04
Page 4
Intergovernmental Coordination Issues
Forum
Lantana Council Chambers
SOO Greynolds Circle
Lantana, 3340S
Contact: Ana Yeskey
983S-16 Lake Worth Road, Suite 223
Lake Worth 33467
(S61) 434-2S7S
Commissioner Levinson
Primary Member
Mayor Perlman
Alternate Member
Paul Dor1ing
City Staff Member
The Intergovernmental Coordination Issues Forum reviews and makes recommendations on
issues of multi-jurisdictional significance, such as school concurrency, county wide fire
rescue services, and 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. The meetings are scheduled for March 31, 200S; June 30, 200S; and
September 29, 200S.
The Executive Comnùttee meets at 9:00 a.m., Issues Forum at 10:30 a.m. and IPARC at 1:00
p.m. in the Lantana Council Chambers.
S/1\genda 2005/1\pproved LIaISon ilss¡gnments 1\mended
Approved liaison Assignments 3-25-04