03-30-06 Agenda Org
CITY COMMISSION
CITY OF DELRAY BEACH. FLORIDA
ORGANIZATIONAL MEETING
THURSDAY. MARCH 30. 2006. 6:00 P.M. - COMMISSION CHAMBERS
REVISED
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DELRA Y BEACH
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A1I-AnB1caClly
11111!
1993
2001
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 Fred Fetzer
Commissioner Brenda Montague
4. Roll Call Newly Sworn-in Commission
5. Selection of Vice-Mayor (for the term March 31,2006 through March 29,2007)
6. Selection of Deputy Vice-Mayor (for the term March 31,2006 through March 29,2007)
7. Review and Acceptance of regularly scheduled City Commission Meeting dates for the
period April 2006 through March 2007
8. Establish a date for the 2007 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. RESOLUTION NO. 17-06: Approve Resolution No. 17-06, a written notice of objection to
the Palm Beach County requirement that in order to qualify for Traffic Performance
exceptions, workforce housing must be provided in accordance with County requirements.
13. Commission Comments
.........................................................................................1
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
FROM:
Mayor and City Commissioners
David T. Harden, City Manager ttJ.;1
Chevelle D. Nubin, City Clerk~
TO:
THRU:
SUBJECT:
CITY COMMISSION MEETING DATES
DATE:
March 24, 2006
Below is the list of the regularly scheduled City Commission meeting dates for the period April 2006
through March 2007 for your review and discussion.
On Tuesday, July 4, 2006, City Hall will be closed for the Independence Day Holiday. Therefore, an
alternate date will need to be selected for this Commission Meeting. Also, Palm Beach County Days in
Tallahassee are scheduled for March 6-8, 2007 and Commission may want to select an alternate date for the
March 6, 2007 meeting.
City Commission Meetings
April 04, 2006-Regular Meeting
April 11, 2006- Workshop
April 18, 2006- Regular Meeting
May 02, 2006- Regular Meeting
May 09, 2006-Workshop
May 16, 2006-Regular Meeting
June 06, 2006-Regular Meeting
June 13,2006-Workshop
June 20, 2006-Regular Meeting
July 04, 2006-Regular Meeting (Holiday)
July 11, 2006- Workshop
July 18, 2006-Regular Meeting
August 01, 2006-Regular Meeting
August 08, 2006-Workshop
August 15, 2006-Regular Meeting
September 05, 2006-Regular Meeting (tentative Budget Hearing)
September 12, 2006-Workshop
September 19, 2006-Regular (Tentative Final Budget Hearing)
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City Commission Meeting Dates
Page 2
October 03, 2006-Regular Meeting
October 10, 2006-Workshop
October 17, 2006-Regular Meeting
November 07, 2006-Regular Meeting
November 14, 2006-Workshop
November 21, 2006-Regular Meeting
December 05, 2006-Regular Meeting
December 12, 2006-Regular Meeting
January 02, 2007-Regular Meeting
January 09, 2007-Workshop
January 16, 2007-Regular Meeting
January 30, 2007-TOWN HALL MEETING-7 PM Old School Square
February 06, 2007-Regular Meeting
February 13, 2007-Workshop
February 20, 2007-Regular Meeting
March 06, 2007-Regular Meeting (PBC Days in Tallahassee March 6-8, 2007)
March 13, 2007-MUNICIPAL ELECTION
March 15, 2007-Special Mtg/Workshop (Thursday)
March 20, 2007-Regular Meeting
March 29, 2007-ANNUAL ORGANIZATIONAL MEETING
Cn
51 Agenda 2006/Memo/Meeting Date.
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2006
JANUARY FEBRUARY MARCH
S M T W T F S S M T W T F S S M T W T F S
1 234567 1 234 1 234
8 91011121314 5 6 7 8 9 1011 5 6 7891011
15 16 17 18 19 20 21 12 13 1415 16 1718 12 13 1415 16 1718
22 23 24 25 26 27 28 19 20 21 22 23 24 25 19 20 21 22 23 24 25
29 30 31 26 27 28 26 27 28 29 30 31
APRIL MAY JUNE
S M T W T F S S M TWT F S S M TWT F S
1 123456 1 2 3
2 345 6 7 8 78910111213 4 5 6 7 8 910
91011 12 13 1415 14151617181920 11121314151617
16 17 18 19 20 21 22 21 22 23 24 25 26 27 18 19 20 21 22 23 24
23 30 24 25 26 27 28 29 28 29 30 31 25 26 27 28 29 30
JULY AUGUST SEPTEMBER
S M TWT F S S M T W T F S SMTWTFS
1 1 2 345 1 2
2 34 5 6 7 8 6 7 8 9101112 3 456 7 8 9
9101112131415 13 141516171819 1011 1213141516
16 17 18 19 20 21 22 2021 2223242526 17 18 19 20 21 22 23
23302431 25 26 27 28 29 27 28 29 30 31 24 25 26 27 28 29 30
OCTOBER NOVEMBER DECEMBER
S M T W T F S S M T W T F S S M T W T F S
1 23 4 5 6 7 1 234 1 2
8 91011121314 5 6 7 8 9 1011 3 456 7 8 9
15161718192021 12 13141516 1718 10111213141516
22 23 24 25 26 27 28 19 20 21 22 23 24 25 1 7 18 19 20 21 22 23
29 30 31 26 27 28 29 30 2431 25 26 27 28 29 30
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SPECIAL DAYS AND HOLIDAYS
2006
January 1
January 6
January 16
January 29
February 14
February 20
March 1
March 14
March 17
April 2
April 9
April 13
April 14
April 16
April 17
April 22
April 26
May 14
May 15
May 16
May 22
May 25
May 29
June 2
June 18
June 24
July 1
July 4
August 7
September 4
September 10
September 11
September 23
September 24
October 2
October 7
October 9
October 9
October 16
October 24
October 29
October 31
November 1
November 11
November 11
November 20
November 23
December 8
December 16
December 25
December 26
New Year's Day
Epiphany
Martin Luther King, Jr. (U.S.A.)
Chinese New Year
St. Valentine's Day
Presidents' Day (U.S.A.)
Ash Wednesday
Purim
St. Patrick's Day
Daylight Saving Time (some exceptions)
Palm Sunday
Passover
Good Friday
Easter Sunday
Easter Monday
Earth Day
Administrative Professionals Day
Mother's Day
National Peace Officers' Day (U.S.A.)
Census Day (Can.)
Victoria Day (Can.)
Ascension Day
Memorial Day (U.S.A.)
Shavuot
Father's Day
Quebec National Day
Canada Day
Independence Day (U.S.A.)
Civic Holiday (Can.)
La bar Day
Grandparents Day
Patriot Day (U.S.A.)
Rosh Hashanah
National Police and Peace Officers' Day (Can.)
Yorn Kippur
Succoth
Thanksgiving Day (Can.)
Columbus Day (U.S.A.)
National Boss Day
United Nations Day
Back to Standard Time
Halloween
All Saints Day
Remembrance Day (Can.)
Veterans Day (U.S.A.)
International Children's Day (UN)
Thanksgiving (U.S.A.)
Immaculate Conception
Hanukkah
Christmas
Boxing Day (Can.)
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2007
JANUARY FEBRUARY MARCH
S M T W T F S S M T W T F S S M T W T F S
123 456 1 2 3 1 2 3
78910111213 4 56 7 8 910 4 5 6 7 8 910
14 15 16 17 18 19 20 11121314151617 11 12 1314 15 1617
21 222324252627 18 19 20 21 22 23 24 18 19 20 21 22 23 24
28 29 30 31 25 26 27 28 25 26 27 28 29 30 31
APRIL MAY JUNE
SMTWTFS S M T. W T F S S M TWT F S
1 234 5 6 7 1 2 3 4 5 1 2
8 9 1011 12 1314 6 7 8 9 10 11 12 3 456 7 8 9
15 16 17 18 19 20 21 13 141516171819 10 11 1213 14 1516
22 23 24 25 26 27 28 20 21 22 23 24 25 26 17181920212223
2930 27 28 29 30 31 24 25 26 27 28 29 30
JULY AUGUST SEPTEMBER
S M T W T F S S M T W T F S S M T W T F S
1 234 5 6 7 1 234 1
8 91011 121314 5 6 7 8 9 1011 2 345 6 7 8
15 16 17 18 19 20 21 12131415161718 9101112131415
22 23 24 25 26 27 28 19202122232425 16 1718192021 22
293031 26 27 28 29 30 31 2330 24 25 26 27 28 29
OCTOBER NOVEMBER DECEMBER
S M T W T F S S M T W T F S S M T W T F S
1 23456 1 2 3 1
78910111213 4 5 6 7 8 910 2345678
14 15 16 17 18 19 20 11121314151617 9101112131415
21 22 23 24 25 26 27 18192021222324 16 17 18192021 22
28 29 30 31 25 26 27 28 29 30 2330 2431 25 26 27 28 29
Should you have any comments or suggestions that will help us improve our desk
calendars, we will be pleased to receive them.
www.brownline.com
Fax: 1 800 323-7075
Brownline@
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MEMORANDUM
SUBJECT:
MAYOR AND CITY COMMISSIONERS
CITY MANAGER ~
AGENDA ITEM # <6' - ORGANIZATIONAL MEETING OF MARCH 30, 2006
GOAL SETTING SESSIONS
TO:
FROM:
DATE:
MARCH 24, 2006
Foryour review, below is the list of the 2006 Goal Setting Sessions with Lyle Sumek.
SESSION
DATE
Tuesday, April 11, 2006
Wednesday, April 12, 2006
TIME
8:00 a.m. - 5:00 p.m.
8:00 a.m. - 5:00 p.m.
LOCATION
Department Heads
City Commission
Golf Course
Golf Course
Recommend Commission discussion regarding dates for the 2007 Goal Setting Sessions.
S:\City Clerk\agenda memos\Goal Setting.03.30.06
Message
Page 1 of 1
Nubin, Chevelle
From: Rangel, Delores
Sent: Thursday, March 23, 2006 3:13 PM
To: Nubin, Chevelle
Subject: Goal Setting
Chevelle:
The dates for the Goal Setting Sessions with Lyle Sumek are as follows:
1. He will be meeting with the department heads on Tuesday, April 11, 2006 from 8:00 a.m. until 5:00 p.m. at the
Delray Beach Golf Club;
2. He will be meeting with the Commission on Wednesday, April 12th, 2006 from 8:00 a.m. until 5:00 p.m. at the
Delray Beach Golf Club;
3. Thursday, April 13, 2006 has been reserved per Mr. Sumek's request if a carry-over is necessary. Will advise
as soon as possible.
Thanks,
Delores
3/23/2006
MEMORANDUM
TO:
FROM:
Mayor and City Commissioners
David T. Harden, City Manager r!:1
Chevelle D. Nubin, City Clerk ~
THRU:
SUBJECT:
DATE:
RULES OF PROCEDURE - CITY COMMISSION (LOCAL RULES)
March 24, 2006
Attached for your review are the Rules of Procedure for the City Commission as they are proposed for
consideration at the Organizational Meeting on March 30, 2006.
These rules were adopted by City Commission on March 31, 2005 and Section II, Local Rules A.8.g was
amended by the Commission on January 3, 2006.
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.
Attachment
SI Agenda2006/MemoLocalRules
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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
entided "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. 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
stricdy applied. Public comments after presentations will be limited to three (3) 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.
III.
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 at the speeifie: reqtlest of inclivicleal City
Commission ffiemb~s allowed onlY when requested by a member of the Ciry Commission.
CITY BOARD,
APPOINTMENTS.
COMMITTEE,
COMMISSION
AND
AGENDA
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.
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.
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, CMC
City Clerk
Note: Local Rules as adopted by City Commission March 31, 2005
Ref/SI Agenda 2006/Loc21 Rules
MEMORANDUM
TO:
FROM:
Mayor and City Commissioners
David T. Harden, City Manager ~
Chevelle D. Nubin, City Clerk ~ I
THRU:
SUBJECT:
PROCEDURES FOR QUASI-JUDICIAL HEARINGS
DATE:
March 24, 2006
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 30, 2006.
These procedures were adopted by City Commission on March 31, 2005 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.
Attachment
SI Agenda 2006/MemoQuasi-Judicial Hearings
\0
City of Delray 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. File/lnslJection.
(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) SUDDlementation of the File. The City Clerk or Board clerk will
supplement the project file with all documents submitted at the
hearing.
(5) File for InsDection. 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
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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
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) Representina 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.
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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
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.
4
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
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
5
may defer to the City Attorney (or Assistant City Attorney) to determine the
relevancy of the question and the evidence and the proper scope of the
cross-examination. The person conducting the cross-examination may be
stopped from pursuing a line of questioning, if the questioning is on an
issue that is not relevant, the scope of proper cross examination is
exceeded, or the cross-examination is conducted in a manner that is
designed to harass, intimidate, or embarrass the person being cross-
examined. If a person conducting the cross-examination continues to
pursue improper lines of questioning, the Mayor or Board Chair may halt
the cross-examination.
6. Applicability.
These rules only apply to proceedings and hearings that are quasi-judicial in
nature. These rules are applicable to the City Commission and any Board that
does not have specific rules for the conduct of quasi-judicial proceedings.
Approved and adopted by the City Commission of the City of Delray Beach, Florida, at
the Annual Organizational Meeting held on March 31,2005.
ATTEST:
Chevelle D. Nubin, CMC
City Clerk
RefISIAgenda 200610uasl Judicial Rules
6
MEMORANDUM
TO:
FROM:
Mayor and City Commissioners
David T. Harden, City Manager~
Chevelle D. Nubin, City Clerk ~
REVIEW CITY COMMISSION LIAISON ASSIGNMENTS
THRU:
SUBJECT:
DATE:
March 24, 2006
Below is the list of City Commission Liaison assignments as amended at the annual Organizational Meeting,
March 31,2005. It is requested that they be reviewed at this time and any changes, deletions or additions be
made pursuant to Commission discretion. Commissioner Archer has requested that a formal Liaison
appointment be made to the Drug Task Force.
BOARD
LIAISON
Community Redevelopment Agency
Commissioner Levinson
Primary Member
Commissioner Archer
Alternate Member
Delr~ Beach Arts Council Inc.
Commissioner Archer
Delr~ Beach Public Schools
City Commissioners adopt a Delray Beach Public School and sit on that School's Advisory
Committee. 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 Ellis
Commissioner Ellis
Mayor Perlman
Commissioner McCarthy
Commissioner McCarthy
Commissioner Archer
Commissioner Levinson
Downtown Development Authority
2nd Monday at 12:00 Noon
Chamber of Commerce
Commissioner Ellis
Education Board
1'1 Monday at 5:30 p.m.
First Floor Conference Room, City Hall
Mayor Perlman
Primary Member
Commissioner Archer
Alternate Member
\ \
General Emplo.yees Retirement
Committee
Meets as needed
J oint Venture
2nd Thursday at 8:00 a.m.
Chamber of Commerce
Parking Management Advisory Board
4th Tuesday at 5:30 p.m.
First Floor Conference Room, City Hall
Police & Fire Board of Trustees
3td Wednesday from 2-4 p.m. in
Training Room at Fire HQ or
Police Chief's Conference Room
Sister Cities Committee
15t Thursday at 4:00 p.m.
First Floor Conference Room, City Hall
Page 2
Tom Lynch to continue
as Commission appointee
Commissioner Ellis
Commissioner Archer
Mayor Perlman
(The Mayor is a sitting member
Section 33.65 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
(561) 355-4484
David T. Harden, City Manager
Board of Directors; Transportation/
Legislative Sub-Committee 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 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 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 1757
Tallahassee, Florida 32302-1757
Contact: Scott Dudley, Sr. Legislative Advocate
(850) 222-9684
David T. Harden, City Manager
Transportation & Urban Administration
Policy Committee Member
Mayor Perlman
Criminal Justice Policy Committee
Member
Approved Liaison Assignments 3-31-05
Metropolitan Planning Organization
Of Palm Beach County
160 Australian Avenue, Suite 201
P. O. Box 21229
West Palm Beach 33416
Contact: Randy M. Whitfield, P .E. Director
(561) 684-4170
or Paul Dorling (City staff)
(561) 243-7040
Page 3
Commissioner Archer
Primary Member
Commissioner Ellis
Alternate Member
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 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 Committee (TAC, staff
subcommittee) meets on the 1st Wednesday of the month at 9:00 a.m. at 160 Australian Avenue in
the 3rd floor Conference Room.
Liaison to State Re..vresentatives
Anne Gannon, District 86
Adam Hasner, District 87
Liaison to State Senators
Jeffery Atwater, District 25
M. "Mandy" Dawson, District 29
Ron Klein, District 30
Liaison to United States Re..vresentatives
E.Clay Shaw, Jr., District 22
Robert Wexler, District 19
Alcee L. Hastings, District 23
Intergovernmental Coordination Issues
Forum
Lantana Council Chambers
500 Greynolds Circle
Lantana, 33405
Contact: Ana Yeskey
9835-16 Lake Worth Road, Suite 223
Lake Worth 33467
(561) 434-2575
Mayor Perlman
Mayor Perlman
Commissioner Ellis
Commissioner McCarthy
Mayor Perlman
Mayor Perlman
Commissioner Levinson
Commissioner McCarthy
Commissioner Levinson
Primary Member
Mayor Perlman
Alternate Member
Paul Dorling
City Staff Member
Approved Liaison Assignments 3-31-05
Page 4
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 30, 2006; August 31, 2006; and November 30,2006.
The Executive Committee meets at 9:30 a.m., Issues Forum at 10:30 a.m. and IPARC at 1:30 p.m. in
the Lantana Council Chambers.
51 Agenda 20061 Approved Liaison As'ignmenl> Amended
Approved Liaison Assignments 3-31-05
01\
...fM
[ITY DF DELRA' BEA[H
CITY ATTORNEY'S OFFICE
200 NW 1st AVEt\l F . ill !RA Y BEACH. FLORIDA 33444
TLLEI'HONE: 56!!2U7i;')(). F..\CSIM1LE: 561/278-4755
DELRAY BEACH
be:d
All-America City
, 'III! DATE:
Writer's Direct Line: 561/243-7091
MEMORANDUM
March 29, 2006
1993
2001
TO:
City Commission
FROM: Susan Ruby, City Attorney
SUBJECT: Countv Chanaes to Comprehensive Plan Reauirina Workforce Housina
This resolution is drafted as a written notice of objection to the County requirement
that in order to qualify for Traffic Performance exceptions, workforce housing must
be provided in accordance with County requirements.
The City has workforce housing requirements of its own. The purpose of this
resolution is to object to the County dictating land uses within municipalities.
17-06 on the City Commission agenda for Thursday,
Attachment
cc: David Harden, City Manager
Paul Dorling, Director of Planning and Zoning
Diane Colonna, Director of CRA
\~
RESOLUTION NO. 17-06
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRA Y
BEACH, FLORIDA, OBJECTING TO THE ACTIONS OF PALM BEACH
COUNTY IN ITS PROPOSAL TO ADOPT REVISIONS TO ITS
COMPREHENSIVE PLAN WITHOUT FOLLOWING ITS OWN NOTICE
REQUIREMENTS AND ISSUING THIS ITS WRITTEN NOTICE OF INTENT TO
OBJECT UNDER ARTICLE VIII SECTION 3.C. OF THE COMPREHENSIVE
PLAN AMENDMENT COORDINATED REVIEW INTERLOCAL AGREEMENT
ENTERED INTO BY PALM BEACH COUNTY, THIRTY-ONE (31)
MUNICIPALITIES, SIX (6) SPECIAL DISTRICTS AND THE SCHOOL BOARD;
PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES.
WHEREAS, the City Commission ofthe City of Delray Beach, Florida, has recently been
made aware of revisions to Palm Beach County's Comprehensive Plan which would significant
impact its re-development efforts; and
WHEREAS, the City Commission of the City ofDelray Beach, Florida, objects to the lack of
notice provided with regard to this very important revision to its Comprehensive Plan; and
WHEREAS, the City Commission of the City of Delray Beach, Florida, desires to file its
written objection to this proposed revision in accordance with Chapter 163, Florida Statutes, and the
Interlocal Agreement referenced in the title of this resolution; and
WHEREAS, the City Commission of the City of Del ray Beach, Florida, believes this action
to be in the best interests of the health, safety and welfare of its citizens.
NOW, THEREFORE BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY
OF DELRA Y BEACH, FLORIDA, THAT:
Section I: The City Commission of the City of Del ray Beach, Florida, hereby objects to
the proposed Palm Beach County Comprehensive Plan Amendment as described on the Land Use
Advisory Board Agendas dated March 10,2006 and March 24,2006 as number IV.D.4 "Coastal
Residential Exception Areas Modification" for the following reasons:
A. The proposed amendment IV.D.4 as described on the March 10,2006 agenda
and staff report deals only with the an expansion of the coastal residential
area North ofPGA Boulevard and East ofI-95. The staffreport stated that
this proposal had been submitted to the Intergovernmental Plan Amendment
Review Committee (IP ARC) and that "no comments have been received to
date". Since a quorum was lost on March 10, 2006 before this item could be
heard this matter was continued to a time certain of March 24, 2006.
Significant changes were made to this item during the continuance with no
notice to anyone. The Palm Beach County League of Cities, Inc. only
received notice of same on Thursday March 23,2006 after 5:00 p.m. for a
9:00 a.m. meeting on March 24, 2006.
B. The revised amendment would affect all municipalities in the County with
boundaries located East ofI-95.
C. Even though this last minute revision would result in tremendous impacts to
numerous municipalities, the County failed to follow its own policy PPM#
CW -0-041 whereby all ordinances proposed to affect incorporated areas must
be submitted to the Palm Beach County League of Cities, Inc. (the "League")
for review by its Board of Directors and General Membership prior to first
reading. In this case, there was notice to the League bye-mail after 5:00 p.m.
on Thursday, March 23, 2006 for a 9:00 a.m. LUAB meeting held on the next
day, March 24,2006. The Transmittal hearing and first reading is proposed
for April 5, 2006 at 9:30 a.m. The League's Board of Directors meeting is
scheduled for April 12, 2006 with its General membership meeting scheduled
for April 26, 2006; both after first reading and transmittal is proposed by the
County.
D. The County failed to honor its commitments set forth in the Comprehensive
Plan Amendment Coordinated Review Interlocal Agreement (the
"Agreement") dated October I, 1993 R-93-802. Specifically, the County
failed to submit its proposed Comprehensive Plan Amendment as revised at
the last minute to the clearinghouse thirty (30) days prior to its transmittal
hearing in accordance with Article VIII. Section 3. of the Agreement.
2
RES. NO. 17-06
E. The County is in violation of its own Comprehensive Plan by failing to
follow the dictates of the Agreement since it has adopted this process into its
Comprehensive Plan as a means of Intergovernmental Co-Ordination to
satisfy the requirements of Chapter 163, Florida Statutes.
F. The County is attempting to control land and zoning decisions within the
eastern municipalities under the guise ofthe Traffic Performance Standards
Ordinance (TPSO). The county was only given the authority to set levels of
service on certain roadways within the County by means of the TPSO, not
dictate land use decisions within municipalities. This is not what the voters
approved in 1988.
Section 2: This Resolution shall be submitted to other affected municipalities, the Issues
Forum, IPARC, Palm Beach County and the Department of Community Affairs.
Section 3: This Resolution shall take effect immediately upon its adoption by the City
Commission.
PASSED AND ADOPTED this
day of
, 2006.
CITY OF DELRA Y BEACH
MAYOR
ATTEST:
(SEAL)
CITY CLERK
Approved as to form and
legal sufficiency.
CITY ATTORNEY
3
RES. NO. 17-06