03-31-15 Organizational Meeting Agenda CITY COMMISSION DERAIL(EACH
CITY OF DELRAY BEACH, FLORIDA had
ORGANIZATIONAL MEETING- TUESDAY, MARCH 31, 2015
5:00 P.M.DELRAY BEACH CITY HALL
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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 the City Manager 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 Shelly Petrolia
Commissioner Mitchell Katz
Mayor Cary D. Glickstein
4. Roll Call Newly Sworn-in Commission
5. Selection of Vice-Mayor(for the term April 1, 2015 through March 24, 2016)
6. Selection of Deputy Vice-Mayor(for the term April 1, 2015 through March 24, 2016)
7. Review and Acceptance of regularly scheduled City Commission Meeting dates for the period
April 2015 through March 2016.
8. Review and Adoption of Rules of Procedure - Delray Beach City Commission (Local Rules)
9. Review and Adoption of Procedures for Quasi Judicial Hearings
10. 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.
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MEMORANDUM
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TO: Mayor and City Commissioners
FROM: Chevelle D. Nubin, City Clerk
THROUGH: Donald B. Cooper, City Manager
DATE: March 11, 2015
SUBJECT: AGENDA ITEM OM.7- ORGANIZATIONAL MEETING OF MARCH 31,2015
REVIEW AND ACCEPTANCE OF REGULARLY SCHEDULED CITY COMMISSION
MEETING DATES FOR THE PERIOD APRIL 2015 THROUGH MARCH 2016
BACKGROUND
Below is the list of the regularly scheduled City Commission meeting dates for the period April 2015
through March 2016:
City Commission Meetings:
April 06, 2015(Monday) -Regular Meeting (This is due to the FA U Panel Discussion)
April 14, 2015-Workshop Meeting
April 21, 2015-Regular Meeting
May 5, 2015-Regular Meeting
May 12, 2015-Workshop Meeting
May 19, 2015-Regular Meeting
June 02, 2015-Regular Meeting
June 09, 2015-Workshop Meeting
June 16, 2015-Regular Meeting
July 07, 2015-Regular Meeting
July 14, 2015-Workshop Meeting
July 21, 2015-Regular Meeting
August 04, 2015-Regular Meeting
August 11, 2015-Workshop Meeting
August 18, 2015-Regular Meeting
September 03, 2015 (Thursday)Regular Meeting - (Tentative Budget) Meeting cannot be scheduled
before this date
September 08, 2015-Workshop Meeting
September 15, 2015 Regular Meeting-(Adoption of Final Budget)
October 06, 2015-Regular Meeting
October 13, 2015-Workshop Meeting
October 20, 2015-Regular Meeting
November 03, 2015-Regular Meeting
November 10, 2015-Workshop Meeting
November 17, 2015-Regular Meeting
December 01, 2015-Regular Meeting
December 08, 2015-Workshop Meeting
January 05, 2016-Regular Meeting
January 12, 2016-Workshop Meeting
January 19, 2016-Regular Meeting
February 02, 2016-Regular Meeting
February 09, 2016-Workshop Meeting
February 16, 2016-Regular Meeting- (Delray Beach by the Venetian Las Vegas is scheduled from
February 12-21, 2016)
March 01, 2016-Regular Meeting
March 08, 2016-Workshop Meeting
March 15, 2016-Regular Meeting
March 24, 2016-Annual Organizational Meeting
RECOMMENDATION
Recommend Commission review and acceptance of the City Commission meeting dates for the period
April 2015 through March 2016.
Calendar for year 2015 (United States)
January February March
Su Mo Tu We Th Fr Sa Su Mo Tu We Th Fr Sa Su Mo Tu We Th Fr Sa
2 3 1 2 3 4 5 6 7 1 2 3 4 5 6 7
4 5 6 7 8 910 8 9 10 11 12 13 14 8 9 10 11 12 13 14
11 12 13 14 15 16 17 15 16 17 18 19 20 21 15 16 17 18 19 20 21
18 19 20 21 22 23 24 22 23 24 25 26 27 28 22 23 24 25 26 27 28
25 26 27 28 29 30 31 29 30 31
4:013:0 20:0 26:0 3:0 11:0 18:40 25:0 5:0 13:0 20:41 27:C
April May June
Su Mo Tu We Th Fr Sa Su Mo Tu We Th Fr Sa Su Mo Tu We Th Fr Sa
1 2 3 4 1 2 1 2 3 4 5 6
5 6 7 8 9 10 11 3 4 5 6 7 8 9 7 8 9 10 11 12 13
12 13 14 15 16 17 18 10 11 12 13 14 15 16 14 15 16 17 18 19 20
19 20 21 22 23 24 25 17 18 19 20 21 22 23 21 22 23 24 25 26 27
26 27 28 29 30 24 25 26 27 28 29 30 28 29 30
31
4:0 11:0 18:0 25:0 3:0 11:0 18:0 25:0 2:0 9:316:0 24:0
July August September
Su Mo Tu We Th Fr Sa Su Mo Tu We Th Fr Sa Su Mo Tu We Th Fr Sa
1 2 3 4 1 1 2 3 4 5
5 6 7 8 9 10 11 2 3 4 5 6 7 8 6 7 8 9 10 11 12
12 13 14 15 16 17 18 9 10 11 12 13 14 15 13 14 15 16 17 18 19
19 20 21 22 23 24 25 16 17 18 19 20 21 22 20 21 22 23 24 25 26
26 27 28 29 30 31 23 24 25 26 27 28 29 27 28 29 30
30 31
1:0 8:0 15:0 24:0 31:0 6:0 14:0 22:C 29:0 5:0 13:0 21:0 27:0
October November December
Su Mo Tu We Th Fr Sa Su Mo Tu We Th Fr Sa Su Mo Tu We Th Fr Sa
1 2 3 1 2 3 4 5 6 7 1 2 3 4 5
4 5 6 7 8 9 10 8 9 10 11 12 13 14 6 7 8 9 10 11 12
11 12 13 14 15 16 17 15 16 17 18 19 20 21 13 14 15 16 17 18 19
18 19 20 21 22 23 24 22 23 24 25 26 27 28 20 21 22 23 24 25 26
25 26 27 28 29 30 31 29 30 27 28 29 30 31
4:0 12:41 20:C 27:0 3:0 11:0 19:C 25:0 3:0 11:4118-C 25:0
Holidays and Observances:
Jan 1 New Year's Day Sep 14 Rosh Hashana
Jan 19 Martin Luther King Day Sep 23 Yom Kippur
Feb 14 Valentine's Day Oct 4 Last Day of Sukkot
Feb 16 Presidents'Day Oct 12 Columbus Day(Most regions)
Apr 4 Passover(first day) Oct 31 Halloween
Apr 5 Easter Sunday Nov 11 Veterans Day
Apr 11 Last Day of Passover Nov 26 Thanksgiving Day
Apr 13 Thomas Jefferson's Birthday Dec 7 Chanukah/Hanukkah(first day)
May 10 Mothers'Day Dec 14 Last Day of Chanukah
May 25 Memorial Day Dec 24 Christmas Eve
Jun 21 Fathers'Day Dec 25 Christmas Day
Jul 3 'Independence Day'observed Dec 26 Day After Christmas Day
Jul 4 Independence Day Dec 31 New Year's Eve
Sep 7 Labor Day
Calendar generated on www.timeanddate.com/calendar
Calendar for year 2016 (United States)
January February March
Su Mo Tu We Th Fr Sa Su Mo Tu We Th Fr Sa Su Mo Tu We Th Fr Sa
1 2 1 2 3 4 5 6 1 2 3 4 5
3 4 5 6 7 8 9 7 8 9 10 11 12 13 6 7 8 9 10 11 12
10 11 12 13 14 15 16 14 15 16 17 18 19 20 13 14 15 16 17 18 19
17 18 19 20 21 22 23 21 22 23 24 25 26 27 20 21 22 23 24 25 26
24 25 26 27 28 29 30 28 29 27 28 29 30 31
31
2:0 9:0 16:0 23:0 31:0 8:0 15:0 22:0 1:0 8:40 15:0 23:0 31:0
April May June
Su Mo Tu We Th Fr Sa Su Mo Tu We Th Fr Sa Su Mo Tu We Th Fr Sa
1 2 1 2 3 4 5 6 7 1 2 3 4
3 4 5 6 7 8 9 8 9 10 11 12 13 14 5 6 7 8 9 10 11
10 11 12 13 14 15 16 15 16 17 18 19 20 21 12 13 14 15 16 17 18
17 18 19 20 21 22 23 22 23 24 25 26 27 28 19 20 21 22 23 24 25
24 25 26 27 28 29 30 29 30 31 26 27 28 29 30
7:0 14:0 22:0 29:0 6:0 13:0 21:0 29:0 4:4012:0 20:0 27:0
July August September
Su Mo Tu We Th Fr Sa Su Mo Tu We Th Fr Sa Su Mo Tu We Th Fr Sa
1 2 1 2 3 4 5 6 1 2 3
3 4 5 6 7 8 9 7 8 9 10 11 12 13 4 5 6 7 8 9 10
10 11 12 13 14 15 16 14 15 16 17 18 19 20 11 12 13 14 15 16 17
17 18 19 20 21 22 23 21 22 23 24 25 26 27 18 19 20 21 22 23 24
24 25 26 27 28 29 30 28 29 30 31 25 26 27 28 29 30
31
4:0 11:0 19:0 26:0 2:6 10:0 18:0 24:0 1:0 9:0 16:0 23:0 30.0
October November December
Su Mo Tu We Th Fr Sa Su Mo Tu We Th Fr Sa Su Mo Tu We Th Fr Sa
1 1 2 3 4 5 1 2 3
2 3 4 5 6 7 8 6 7 8 9 10 11 12 4 5 6 7 8 9 10
9 10 11 12 13 14 15 13 14 15 16 17 18 19 11 12 13 14 15 16 17
16 17 18 19 20 21 22 20 21 22 23 24 25 26 18 19 20 21 22 23 24
23 24 25 26 27 28 29 27 28 29 30 25 26 27 28 29 30 31
30 31
9:0 16:0 22:0 30:0 7:0 14:0 21:0 29:0 7:C13:020-329-0
Holidays and Observances:
Jan 1 New Year's Day May 30 Memorial Day Nov 11 Veterans Day
Jan 18 Martin Luther King Day Jun 19 Fathers'Day Nov 24 Thanksgiving Day
Feb 14 Valentine's Day Jul 4 Independence Day Dec 24 Christmas Eve
Feb 15 Presidents'Day Sep 5 Labor Day Dec 25 Christmas Day
Mar 27 Easter Sunday Oct 10 Columbus Day(Most regions) Dec 26 'Christmas Day'observed
Apr 13 Thomas Jefferson's Birthday Oct 31 Halloween Dec 31 New Year's Eve
May 8 Mothers'Day I Nov 8 Election Day
Calendar generated on www.timeanddate.com/calendar
EITY OF DELRAY BEREH
DELRAY BEACH CITY CLERK
bcad100 N.W. 1st AVENUE DELRAY BEACH, FLORIDA 33444 5611243-7000
All-AmericaCity
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1993 RULES OF PROCEDURE - DELRAY BEACH CITY COMMISSION
2001
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
ConmAssion 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 requite quasi judicial hearings.
1. Regular meetings of the City Conunission 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 61:00 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. The second
regular ineeting during the mondz of March shall take place immediately after the
annual organizational meeting and the swearing in of the new Commission.
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 thete 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 Connnission meetings will be held in either the First Floor
SERVICE PERFORMANCE ° INTEGRITY ° RESPONSIBLE - INNOVATIVE ° TEAMWORK
Page 2
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 motion of the City Commission pursuant to
Section 3.12 of the City's Charter. Thereafter, the meeting shall end upon the
conclusion of each hour (12:00, 1:00, etc.), unless extended by a motion of the City
Commission pursuant to Section 3.12 of the City's Charter 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.
G. 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.
Presentations made at workshop meetings shall be limited to fifteen (15) minutes,
unless the Commission, by consensus, agrees to extend the time. In the event there
is a special meeting agenda during a workshop meeting, public comment on only the
special meeting agenda items, not to exceed 3 minutes per person in total, shall be
allowed prior to the start of the special meeting agenda.
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.
Page 3
b. The agenda format shall be generally as follows: A call to order; invocation,
pledge of allegiance, formal approval of minutes, and presentations,if any, public
comments and inquiries from the floor, formal approval of the agenda, the
consent agenda, the regular agenda, public hearings, 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
comment and inquiry portion shall not extend beyond 7:00 p.m. and in the event
there are persons who have not been able to voice their comments prior to 7:00,
the public comment portion shall resume after the public hearing segment of the
agenda. 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 public comment portion 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 in which case the City
Commission shall follow the voting requirements pursuant to Section 3.12 of
the City's Charter.
e. All public comment on agendaed or non-agendaed items shall be limited to not
more than three (3) minutes,in total, per person at regular Commission meetings
and two (2) minutes, in total, per person at workshop Commission meetings
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. Public comment on quasi-judicial items and items that have
been set for a formal public hearing shall only be allowed when those items are
specifically heard by the Commission. All public comments must be addressed
to the Commission as a body and not to individuals. Any person making
impertinent or slanderous remarks or who becomes boisterous while addressing
the Commission shall be barred by the presiding officer from speaking further,
unless permission to continue or again address the Commission is granted by a
vote of the Commission members pursuant to Section 3.12 of the City's Charter.
f. The Mayor shall have the authority to limit immaterial, unnecessary, or
redundant presentations or requests.
Page 4
9. The City Commission of the City of Delray Beach is committed to maintaining
civility in public and political discourse and expects the public to do the same. All
comments by members of the Commission, advisory board members, and/or the
public shall:
a. Respect the right of all citizens in our community to hold different
opinions;
b. Avoid rhetoric intended to humiliate or question the wisdom of those whose
opinions are different from ours;
C. Strive to understand differing perspectives;
d. Be trud-Lf,l not accusatory and avoid distortion;and
C. Avoid violence, prejudice and incivility towards citizens, employees, and
officials of the City of Delray Beach.
111. 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. The
Commission shall follow the voting requirements pursuant to Section 3.12 of the
City's Charter. A Commissioner may defer his or her nomination for an appointment
to the next scheduled regular City Commission meeting. If a Commissioner is not
ready to make his or her nomination for an appointment at the next scheduled
regular meeting, regardless of whether the Commissioner is present or absent at the
meeting, the nomination shall rotate to the next appropriate Commissioner. Under
no circumstances may a Commissioner nomination for an appointment be delayed
for more than two consecutive regular City Coirm ission meetings.
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.
Page 5
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 nomination by the Commissioner shall be made no later than the
second consecutive regular meeting subsequent to the meeting at which the declined
appointment was made. If the replacement nomination 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, unless the unexpired term is for a period of time less than six (6) months. In
that event, the appointed member shall then be allowed to serve the following full
regular term without reappointment.
6. 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
7`s Meeting held on October ,2014.
ATTEST.
Chevelle D. Nubin,MAC
City Clerk
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MEMORANDUM
r
TO: Mayor and City Commissioners
FROM:
DATE: March 12, 2015
SUBJECT: AGENDA ITEM OM.9-ORGANIZATIONAL MEETING OF MARCH 31,2015
REVIEW AND ADOPTION OF 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 3.13 below.
E. Quasi-Judicial Proceedings — proceedings where existing policies and
regulations are applied to a specific property. Examples are site specific
rezonings, conditional use approvals, site plan approvals, waivers and
variances, plat approvals, certificates of appropriateness, historic
designations, but not land use amendments or amendments to the
comprehensive plan and not generally, amendments to the Land
Development Regulations.
F. Relevant Evidence — evidence that either strengthens or weakens the
application by supporting or disapproving factual assertions related to the
application.
2. General Procedures for City Commission Consent Items
A. Consent Agenda Items. Applications before the City Commission for plat
approval, variances, or waivers may be placed on the consent agenda, if
the Applicant signs a statement that the Applicant concurs with the Staff
recommendation.
B. Removal from Consent Agenda. The Applicant, the Mayor, any
Commissioner, or any member of the public may request that an
application for approval of a plat, waiver, or variance be removed from the
City Commission consent agenda. If removed, the application will be
placed on the next regular City Commission meeting for a quasi-judicial
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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.
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.
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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 10 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 10 minutes
(including the presentation of witnesses and expert witnesses) to
present the Applicants case.
(3) Party Time Limits. A Party may have up to 10 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.
(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, the Board clerk, or the Board
Chairperson, Vice-Chair, or Second Vice-Chair.
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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.
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.
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1. Citizen Participants are subject to cross-examination by the Mayor
or Board Chair only. In the event of an absence of the Mayor or
Board Chair, the term Mayor or Board Chair shall be deemed to
include the person authorized to run the meeting in their absence.
If the Staff, the Applicant, or Parties desire to have the Mayor or
Board Chair cross examine a Citizen Participant, they shall,
whenever possible, present written cross-examination questions to
the Mayor or Board Chair prior to the commencement of the cross-
examination. The Mayor or Board Chair shall first ask the cross-
examination questions submitted by Staff, then the Applicant, and
finally the Parties based on who submitted a request and became a
Party first. The Staff, Applicant, and any Parties' cross-examination
through the Mayor or Board Chair is limited to two (2) minutes per
Citizen Participant.
2. Only the City Staff, the Applicant, or a Party may cross-examine
non-Citizen Participant witnesses.
3. Cross-examination by City Staff, the Applicant, or a Party shall be
limited to two (2) minutes per witness each.
4. The Commission or Board is not limited to two (2) minutes and may
ask questions of anyone who testifies at any time during the
proceedings.
C. Relevancy. All relevant evidence shall be accepted.
D. Scope. The scope of the cross-examination shall be limited to the facts
alleged by the person testifying in relation to the application.
E. Good Faith Questions. The cross-examination shall not be designed to
merely harass, intimidate, or embarrass the person testifying.
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
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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.
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