03-29-07 Agenda Org
CITY COMMISSION
CITY OF DELRAY BEACH. FLORIDA
ORGANIZATIONAL MEETING
THURSDAY. MARCH 29. 2007. 6:00 P.M. - COMMISSION CHAMBERS
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1993
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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 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 Gary P. Eliopoulos
Commissioner Nelson S. "Woodie" McDuffie
Mayor Rita Ellis
4. Roll Call Newly Sworn-in Commission
5. Selection of Vice-Mayor (for the term March 30,2007 through March 27,2008)
6. Selection of Deputy Vice-Mayor (for the term March 30, 2007 through March 27, 2008)
7. Review and Acceptance of regularly scheduled City Commission Meeting dates for the
period April 2007 through March 2008
8. Establish a date for the 2008 Goal Setting Session
9. Review and Adoption of Rules of Procedure - Delray Beach City Commission (Local
Rules)
10. Review and Adoption of Procedures for Quasi-Judicial Hearings
11. Review of City Commission Liaison Appointments to various Advisory Boards and
outside agencies
12. Commission Comments
......................................................................................
Please be advised that if a person decides to appeal any decision made by the City Commission with respect
to any matter considered at this meeting, such person will need to ensure that a verbatim record includes the
testimony and evidence upon which the appeal is based. The City neither provides nor prepares such record.
MEMORANDUM
TO:
Mayor and City Commissioners
David T. Harden, City Manager tltl1
THRU:
FROM:
Chevelle D. Nubin, CMC, City Clerk
SUBJECT:
DATE:
CITY COMMISSION MEETING DATES
March 23, 2007
Below is the list of the regularly scheduled City Commission meeting dates for the period April 2007
through March 2008 for your review and discussion.
It has been suggested that the first regular meeting in July be changed since it is the day before the July 4,
2007 holiday. On Tuesday, January 1, 2008, City Hall will be closed for New Year's Day and the first
meeting in March (March 4, 2008) is the beginning of Palm Beach County Days in Tallahassee.
Commission may want to select alternate dates for these meetings.
City Commission Meetmgs
April 03, 2007-Regular Meeting
April 10, 2007-Workshop
April 17, 2007- Regular Meeting
May 01, 2007-Regular Meeting
May 08, 2007- Workshop
May 15, 2007-Regular Meeting
June 05, 2007-Regular Meeting
June 12, 2007-Workshop
June 19, 2007 -Regular Meeting
July 03, 2007-Regular Meeting
July 10, 2007-Workshop
July 17, 2007- Regular Meeting
August 07, 2007-Regular Meeting
August 14, 2007-Workshop
August 21, 2007-Regular Meeting
September 04, 2007-Regular Meeting (Tentative Budget Hearing)
September 11, 2007- Workshop
September 18, 2007-Regular (Tentative Final Budget Hearing)
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City Commission Meeting Dates
Page 2
October 02, 2007-Regular Meeting
October 09, 2007-Workshop
October 16, 2007 -Regular Meeting
November 06, 2007-Regular Meeting
November 13, 2007-Workshop
November 20, 2007-Regular Meeting
December 04, 2007-Regular Meeting
December 11, 2007 -Regular Meeting
January 01, 2008-Regular Meeting (New Year's Day)
January 08, 2008- Workshop
January 15, 2008-Regular Meeting
January 29, 2008-TOWN HALL MEETING-7 PM Old School Square
February 05, 2008-Regular Meeting
February 12, 2008-Workshop
February 19, 2008-Regular Meeting
March 04, 2008-Regular Meeting (PBC Days in Tallahassee March 4-6,2008)
March 11, 2008-MUNICIPAL ELECTION
March 13, 2008-Special Mtg. /Workshop (Thursday)
March 18, 2008- Regular Meeting
March 27, 2008-ANNUAL ORGANIZATIONAL MEETING
S:\City C1etk\ORGANlZATIONAL MEETINGS\2007-2008\Agenda MEMO-MEETING DATES.doc
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2007 Calendar
Page 1 ofl
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
I 2 3 4 5 6 1 2 3 1 2 3
7 8 9 10 11 12 13 4 5 6 7 8 9 10 4 5 6 7 8 9 10
14 15 16 17 18 19 20 11 12 13 14 15 16 17 11 12 13 14 15 16 17
21 22 23 24 25 26 27 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
S M T W T F S S M T W T F S S M T W T F S
1 2 3 4 5 6 7 1 2 3 4 5 1 2
8 9 10 11 12 13 14 6 7 8 9 10 11 12 3 4 5 6 7 8 9
15 16 17 18 19 20 21 13 14 15 16 17 18 19 10 11 12 13 14 15 16
22 23 24 25 26 27 28 20 21 22 23 24 25 26 17 18 19 20 21 22 23
29 30 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 2 3 4 5 6 7 1 2 3 4 1
8 9 10 11 12 13 14 5 6 7 8 9 10 11 2 3 4 5 6 7 8
15 16 17 18 19 20 21 12 13 14 15 16 17 18 9 10 11 12 13 14 15
22 23 24 25 26 27 28 19 20 21 22 23 24 25 16 17 18 19 20 21 22
29 30 31 26 27 28 29 30 31 23 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 2 3 4 5 6 1 2 3 1
7 8 9 10 11 12 13 4 5 6 7 8 9 10 2 3 4 5 6 7 8
14 15 16 17 18 19 20 11 12 13 14 15 16 17 9 10 11 12 13 14 15
21 22 23 24 25 26 27 18 19 20 21 22 23 24 16 17 18 19 20 21 22
28 29 30 31 25 26 27 28 29 30 23 24 25 26 27 28 29
30 31
2006 Prifltji-fe.(Om YearlyCl!lelldqrs 2003
http://www.printfree.com/Calendar_fileslYearly/2007printable.htm
3/22/2007
2008 Calendar
Page 1 of 1
2008
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 2 3 4 5 1 2 1
6 7 8 9 10 11 12 3 4 5 6 7 8 9 2 3 4 5 6 7 8
13 14 15 16 17 18 19 10 11 12 13 14 15 16 9 10 11 12 13 14 15
20 21 22 23 24 25 26 17 18 19 20 21 22 23 16 17 18 19 20 21 22
27 28 29 30 31 24 25 26 27 28 29 23 24 25 26 27 28 29
30 31
April May June
S M T W T F S S M T W T F S S M T W T F S
1 2 3 4 5 1 2 3 1 2 3 4 5 6 7
6 7 8 9 10 11 12 4 5 6 7 8 9 10 8 9 10 11 12 13 14
13 14 15 16 17 18 19 11 12 13 14 15 16 17 15 16 17 18 19 20 21
20 21 22 23 24 25 26 18 19 20 21 22 23 24 22 23 24 25 26 27 28
27 28 29 30 25 26 27 28 29 30 31 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 2 3 4 5 1 2 1 2 3 4 5 6
6 7 8 9 10 11 12 3 4 5 6 7 8 9 7 8 9 10 11 12 13
13 14 15 16 17 18 19 10 11 12 13 14 15 16 14 15 16 17 18 19 20
20 21 22 23 24 25 26 17 18 19 20 21 22 23 21 22 23 24 25 26 27
27 28 29 30 31 24 25 26 27 28 29 30 28 29 30
31
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 2 3 4 1 1 2 3 4 5 6
5 6 7 8 9 10 11 2 3 4 5 6 7 8 7 8 9 10 11 12 13
12 13 14 15 16 17 18 9 10 11 12 13 14 15 14 15 16 17 18 19 20
19 20 21 22 23 24 25 16 17 18 19 20 21 22 21 22 23 24 25 26 27
26 27 28 29 30 31 23 24 25 26 27 28 29 28 29 30 31
30
2007 Prin1Jj'~e.(;011l }'~qrlyCqklldqr.s 2Ql:m
http://www.printfree.com/Calendar_filesNearly/2008printable.htm
3/22/2007
1 2008
Holiday 2007 Leap Year
New Year's Day - FEDERAL HOLIDAY January 1,2007 January 1, 2008
I Federal Holiday Monday Tuesday
Federal Holiday
i Inauguration Day nla nla
I
!
I
I Martin L. King, Jr. Day January 15, 2007 January 21, 2008
I Federal Holiday
I ?\Ionday Monday
I President's Day February 19,2007 February 18,2008
I Holiday Monday Monday
I Mardi Gras February 20, 2007 February 5, 2008
I Tuesday Tuesday
,
lAsh Wednesday February 21, 2007 February 6, 2008
! Wednesday Wednesday
i
! St. Patrick's Day March 17,2007 March 17, 2008
! Saturday Monday
i
I
I Spring Equinox March 21, 2007 March 20, 2008
I Wednesday Thursday
I
I Daylight Savings Time Begins March 11, 2007 March 9, 2008
i First Sunday in April until 2007 Sunday Sunday
I
I
!April Fool's Day April 1, 2007 April 1, 2008
I Sunday Tuesday
I
I Palm Sunday April 1, 2007 March 16,2008
Sunday Sunday
I Good Friday April 6, 2007 March 21, 2008
Friday Friday
I April 3, 2007 April 19, 2008
I Passover Tuesday Saturday
I (at sundown)
I Easter Sunday April 8, 2007 March 23, 2008
I Sunday Sunday
I
I April 25, 2007 April 23, 2008
I
! Administrative Professionals' Day
I Wednesday Wednesday
I
i Earth Day April 22, 2007 April 22, 2008
I Sunday Tuesday
!National Day of Prayer May 3, 2007 May 1, 2008
I Thursday Thursday
I
,
i Mother's Day May 13, 2007 May 11, 2008
i Sunday Sunday
jArmed Forces Day May 19, 2007 May 17, 2008
i Saturday Saturday
I
iMemorialDav May 28, 2007 May 26. 2008
I Federal Holiday Monday .\Ionday
I I
!
! Flag Day/Army Day June 14, 2007 June 14,2008
I Thursday Saturday
i
I Father's Day June 17,2007 June 15, 2008
I Sunday Sunday
IJuneteenth (liberation of Slaves) June 19, 2007 June 19,2008
I Tuesday Thursday
I
I Summer Solstice June 21, 2007 June 21, 2008
Thursday Saturday
I Independence Day July 4, 2007 July 4, 2008
Federal Holiday Wednesday Friday
I Parents Day July 22, 2007 July 27, 2008
I Sunday Sunday
i Air Force Day August 1, 2007 August 1, 2008
I Wednesday Friday
i
I Coast Guard Day August 4, 2007 August 4, 2008
I Saturday Monday
I Friendship Day August 5, 2007 August 3, 2008
I Sunday Sunday
I Labor Day September 3, 2007 Sept. 1,2008
I Federal Holiday i\londay Monday
Grandparents Day September 9, 2007 Sept. 7, 2008
Sunday Sunday
I Constitution Day/Citizenship Day September 17, 2007 Sept. 17, 2008
I Monday Wednesday
I
I Fall Equinox Sept. 23, 2007 Sept. 22, 2008
I Sunday Monday
I
I September 13, 2007 Sunset September 29, 2008
IRosh Hashanah Thursday - nightfall October 1, 2008
I
i September 22,
IYom Kippur 2007 Oct. 8, 2008
Saturday Wednesday
I (begins at sunset night (begins at sunset night beftre.)
I beftre.)
I National Children's Day October 14, 2007 Oct. 12, 2008
I Sunday Sunday
I
I Columbus Day October 8, 2007 October 13, 2008
! Federal Holiday Monday Monday
!Navy Day October 13, 2007 Oct. 13, 2008
Saturday Monday
: Bosses' Day October 16, 2007 Oct. 16, 2008
Tuesday Thursday
Sweetest Day October 20, 2007 Oct. 18, 2008
Saturday Saturday
Mother-In-Law's Day October 28, 2007 Oct. 26, 2008
Sunday Sunday
Daylight Savings Time Ends Nov. 4, 2007 Nov. 2, 2008
Sunday Sunday
Halloween October 31, 2007 Oct. 31, 2008
I Wednesday Friday
I
I Election Day November 6, 2007 Nov. 4, 2008
I Tuesday Tuesday
I Marine Corps Day November 10, 2007 Nov. 10, 2008
I Saturday Monday
I Veteran's Day November 11, 2007 Nov. 11,2008
I Federal Holiday Sunday Tuesday
IThanksgiving Day November 22, 2007 Nov. 27, 2008
IFederal Holiday Thursday Thursday
I Pearl Harbor Remembrance Day December 7, 2007 Dec. 7, 2008
I Friday Sunday
I December 5, 2007 Dec. 21, 2008
i Hanukkah at Sunset from sundown to sundown
I Wednesday thru Dec. 28, 2008
i
IWinter Solstice Dec. 21,2007 Dec. 21, 2008
i Friday Sunday
i
Christmas Eve December 24, 2007 Dec. 24, 2008
Monday Wednesday
Christmas Day Dee. 25, 2007 Dee. 25, 2008
Federal Holiday Tuesday Thursday
Federal Holiday Federal Holiday
i Kwanzaa Dec. 26, 2007 - Dec. 26, 2008 -
I Jan. 1,2008 Jan. 1,2009
I
I
I New Year's Eve Dec. 31, 2007 Dec. 31, 2008
I (Always Dec. 31) Monday Wednesday
MEMORANDUM
SUBJECT:
MAYOR AND CITY COMMISSIONERS
CITY MANAGER [jl /(
AGENDA ITEM # f) - ORGANIZATIONAL MEETING OF MARCH 29~ 2007
GOAL SETTING SESSIONS
TO:
FROM:
DATE:
MARCH 23, 2007
For your review, below is the list of the 2007 Goal Setting Sessions with Lyle Sumek.
SESSION
DATE
Tuesday, April 10, 2007
Wednesday, April 11, 2007
TIME
8:00 a.m. - 5:00 p.m.
9:00 a.m. - 5:00 p.m.
LOCATION
Department Heads
City Commission
Golf Course
Delray Beach Library
Recommend Commission discussion regarding dates for the 2008 Goal Setting Sessions.
S:\City Clerk\agenda tnemOll\Goal Setting.03.29.07
MEMORANDUM
FROM:
Mayor and City Commissioners
David T. Harden, City Manager{;7v1
Chevelle D. Nubin, CMC, City Clerk
TO:
THRU:
SUBJECT:
DATE:
RULES OF PROCEDURE - CITY COMMISSION (LOCAL RULES)
March 23, 2007
Attached for your review are the Rules of Procedure for the City Commission for consideration at
the Organizational Meeting on March 29, 2007.
These rules were adopted by City Commission on March 30, 2006. A possible change is shown in
Section III. A. 1. stating a Commissioner may defer a Board/Committee appointment to the next
regular meeting. Thereafter, the nomination shall rotate to the next appropriate Commissioner.
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.
s: City Clerk/ Agenda 2007/Merno Local Rules 032907
q
RULES OF PROCEDURE - DELRAY BEACH CITY COMMISSION
I. GENERAL PARLIAMENTARY RULES.
The general parliamentary procedure to be followed by the City Commission of the City of
Delray Beach, Florida, except as otherwise modified by the City Commission or as modified
or amended herein, shall be in accordance with the rules of parliamentary procedures
entitled "Robert's Rules of Order", being the reprint of the 1907 edition.
II. LOCAL RULES.
A. The following Local Rules of Procedure shall be applicable to the organization and
conduct of business, as well as preparation and publication of agendas, of the City
Commission of the City of Delray Beach, Florida. To the extent these Local Rules shall
modify or conflict with the standard "Robert's Rules of Order" as adopted above, these
Local Rules shall prevail to the extent of their conflict or inconsistency with "Robert's
Rules of Order". In addition to these local rules, rules for quasi judicial proceedings
shall apply to proceedings which require quasi judicial hearings.
1. Regular meetings of the City Commission shall be held on the first and third
Tuesdays of each month, with the exception of the month of December and any
Delray Beach municipal election dates, at 6:00 p.m., in City Hall. During the month
of December only, the regular City Commission meetings shall occur on the first and
second Tuesdays at 6:00 p.m. at City Hall. There shall be no regular City
Commission meeting on the date of a Delray Beach municipal election. A meeting
that would otherwise have been scheduled for such date shall be held on the
Thursday immediately following the election at 6:00 p.m. at City Hall.
2. Workshop meetings of the City Commission shall be held on the second Tuesday of
each month at 6:00 p.m. in City Hall, except that there shall be no workshops in the
month of December.
3. All regular City Commission meetings shall be held in the City Commission
Chambers at City Hall, unless otherwise designated by the City Commission. All
workshop City Commission meetings will be held in either the First Floor
Conference Room or the Commission Chambers at City Hall, as determined by the
1
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)
minutes at the Mayor's discretion or by consensus of the City Commission.
7. Although appropriate members of the City Attorney's Office and City
Administration may place items on either the workshop or the regular agendas, all
regular agendas shall be subject to review in advance by the Mayor prior to their
publication, except that a majority of the members of the City Commission may
request that the City Manager's office place or remove an item on such regular
agendas, and that all such regular agendas shall be further subject to the approval of
the City Commission preceding the conduct of business at each such meeting.
If the Commission or any of its members wish to place or remove an item on an
agenda, or if any member of the Commission has a question or concern about an
item, any such request or inquiry shall be directed to the City Manager's office for
disposition as opposed to any Commission member contacting any City officer or
employee who is subject to the direction and supervision of the City Manager.
8. With regard to the agenda for regular City Commission meetings, the following shall
apply:
a. To the extent possible, the City Administration shall group all matters by subject
area, and shall place as many as possible on the consent portion of the agenda.
b. The agenda format shall be generally as follows: A call to order, invocation,
pledge of allegiance, formal approval of the agenda, formal approval of minutes,
proclamations and presentations, if any, the consent agenda, the regular agenda,
public hearings, public comments and inquiries from the floor concerning items
not on the approved agenda, first readings of ordinances, followed by items not
specifically on the published agenda from the City Manager, the City Attorney,
2
and members of the City Commission. The public hearing segment of the
agenda shall be duly advertised for and shall commence at 7:00 p.m. or as soon
thereafter as possible.
c. Any items received during the non-agendaed items section of the regular agenda
may, at the discretion of the Commission, be discussed by the City Commission
at the time of such presentation, may be directed by the Commission to the City
Manager for action or resolution, or may be added to a subsequent workshop
agenda if a member of the City Commission so specifically requests.
d. (1 ) Votes taken on ordinances, resolutions and motions shall be by roll call and
shall be recorded by the City Clerk. The roll call shall be on a rotating basis and
according to the numbered Commission seats, i.e.:
Motion A - Order of rotation: Seat 1, Seat 2, Seat 3, Seat 4, Seat 5
Motion B - Order of rotation: Seat 2, Seat 3, Seat 4, Seat 5, Seat 1
Motion C - Order of rotation: Seat 3, Seat 4, Seat 5, Seat 1, Seat 2, etc.
(2) There shall be no votes taken on any non-published/non-agendaed items,
except upon the declaration of an emergency. The declaration of emergency
shall only be determined upon the affirmative vote of no less than four (4)
members, or a unanimous vote if only three (3) City Commission members
are present and voting on such motion. These rules are not intended to and
shall not supersede the procedures and requirements of the City Charter,
Code of Ordinances or State Statute with regard to emergency matters for
consideration by the City Commission.
e. All public input on agendaed or non-agendaed items shall be limited to not more
than three (3) minutes per person, subject to an extension of such time upon the
formal approval by a majority vote of the City Commission members present
and voting on such request for extension of time.
f. The Mayor shall have the authority to limit immaterial, unnecessary or redundant
presentations or requests.
g. Public input on agendaed items, other than those that are specifically set for a
formal public hearing, shall be allowed when agreed by consensus of the City
Commission.
III.
CITY BOARD.
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:
3
1. All vacancies subject to appointment to such city boards, comnusslOns and
committees shall be made on a nomination basis by each of the members of the City
Commission. This nomination shall be construed to be a Motion to Appoint, which
must be seconded by another member of the City Commission then present and
voting, and then adopted by an affirmative vote of no less than three (3) votes. A
Commissioner may defer an appointment to the next regular meeting. If a
Commissioner is not ready to make an appointment at the next regular meeting then
the nomination shall rotate to the next appropriate Commissioner.
If a Commissioner makes a nomination/motion and this motion either fails for lack
of a second or does not receive a sufficient number of affirmative votes, then that
Commissioner shall have one additional opportunity to make a secondary
nomination for this vacancy at this same meeting or the next successive regular
meeting. If that appointment should also fail for lack of a second to the nomination
or by not receiving sufficient affirmative votes, then the nomination shall rotate to
the next appropriate Commissioner.
2. The rotation system shall be by numbered Commission seat and insofar as possible,
each Commission seat shall be assigned an equal number of initial appointments
from the date of adoption of these rules, i.e.:
Board A - Order of Rotation: Seat 1, Seat 2, Seat 3, Seat 4, Seat 5
Board B - Order of Rotation: Seat 2, Seat 3, Seat 4, Seat 5, Seat 1
Board C - Order of Rotation: Seat 3, Seat 4, Seat 5, Seat 1, Seat 2
3. A separate rotation list shall be established by the City Clerk's office for each such
City board, commission or committee, and the City Clerk's office shall maintain
records of the rotation list, the status of same, and the nominations made by each
Commissioner. In the instance where a vacancy is available at a City Commission
meeting where the Commissioner who is next on the rotation is absent, then the City
Commission shall postpone this appointment to the next regular meeting. Should
this Commissioner not be present at the subsequent meeting, then the nomination
ability shall pass to the next Commissioner on the rotation system present at that
meeting.
4. In the event that an individual, duly nominated and appointed to a board,
commission or committee by a Commissioner at a City Commission meeting, is
unable to accept or declines the appointment, for whatever reason, then the
Commissioner who appointed the individual unable to serve shall have the
opportunity to nominate a replacement appointee to fill the vacancy before the
nomination ability passes to the next Commissioner on the rotation system. Such
replacement appointment shall be made no later than the second regular meeting
subsequent to the meeting at which the declined appointment was made. If the
4
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 30, 2006.
ATTEST:
Chevelle D. Nubin, CMC
City Clerk
Note: Local Rules as adopted by City Commission March 30, 2006
ReflSI Agenda 2006/Local Rules
5
MEMORANDUM
TO:
Mayor and City Commissioners
1
David T. Harden, City Manager 1JJl
THRU:
FROM:
Chevelle D. Nubin, CMC, City Clerk
SUBJECT:
PROCEDURES FOR QUASI-JUDICIAL HEARINGS
DATE:
March 23, 2007
Attached for your review are the Procedures for Quasi-Judicial Hearings for the City Commission as
they are proposed for consideration at the Organizational Meeting on March 29, 2007.
These procedures were adopted by City Commission on March 30, 2006 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.
s: City Clerk/ Agenda 2007/Memo Quasi-Judicial Procedures 032907
\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/lnsDection.
(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.
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B. Party 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
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.
3
(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
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 atter the
presentation of a witness, and the manner and the conduct of
cross-examination shall be as provided in these rules.
6. The City Staff, the Applicant, and Parties may have two minutes
each for rebuttal.
7. The Commission or Board may ask questions at any time during
the proceeding.
8. The Commission or Board will commence deliberations and render
a decision.
4
D. Basis of Decision. All decisions shall be based on the evidence
presented at the hearing on the case. which shall include the agenda
materials, minutes, the entire project file, testimony presented, and other
evidence presented. Strict rules of evidence shall not apply, but evidence
must be relevant to the issues before the Commission or the Board.
5. Cross-examination.
A. Persons to be Cross-Examined. The City Staff, the Applicant, Parties,
their respective witnesses and 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. Relevancv. All relevant evidence shall be accepted.
D. Scope. The scope of the cross-examination shall be limited to the facts
alleged by the person testifying in relation to the application.
E. Good Faith Questions. The cross-examination shall not be designed to
merely harass. intimidate. or embarrass the person testifying.
5
F. Power to Halt Cross Examination. The Mayor or Board Chair shall
determine whether the question and evidence is relevant and the proper
scope of cross-examination. In the absence of the Mayor or Board Chair,
the term Mayor or Board Chair shall be deemed to include the person
authorized to run the meeting in their absence. The Mayor or Board Chair
may defer to the City Attorney (or Assistant City Attorney) to determine the
relevancy of the question and the evidence and the proper scope of the
cross-examination. The person conducting the cross-examination may be
stopped from pursuing a line of questioning, if the questioning is on an
issue that is not relevant, the scope of proper cross examination is
exceeded, or the cross-examination is conducted in a manner that is
designed to harass, intimidate, or embarrass the person being cross-
examined. If a person conducting the cross-examination continues to
pursue improper lines of questioning, the Mayor or Board Chair may halt
the cross-examination.
6. 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 30, 2006.
ATTEST:
Chevelle D. Nubin, CMC
City Clerk
RellS/Agenda 20061Quasi Judicial Rules
6
MEMORANDUM
TO:
Mayor and City Commissioners
David T. Harden, City Manager t?,/!
THRU:
FROM:
Chevelle D. Nubin, CMC, City Clerk
SUBJECT:
CITY COMMISSION LIAISON ASSIGNMENTS
DATE:
March 23, 2007
Below is the list of City Commission Liaison assignments as amended at the March 30, 2006 Annual
Organizational Meeting. It is requested that they be reviewed at this time and any changes, deletions or
additions be made pursuant to Commission direction.
BOARD
LIAISON
Community Redevelopment A,gencqr
2nd & 4th Thursday at 5:30 p.m.
Commission Chambers
Commissioner Levinson
Primary Member
Commissioner Montague
Alternate Member
Public Art Adviso(y Board
4th Monday at 6:00 p.m.
First Floor Conference Room, City Hall
Commissioner Montague
Dekay 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
Plutnosa Elementary School
Pine Grove Elementary School
Orchard View Elementary School
Village Academy
Carver Middle School
A tlantic High School
Mayor Perlman
Commissioner Ellis
Commissioner Ellis
Mayor Perlman
Commissioner Montague
Commissioner Fetzer
Commissioner Fetzer
Commissioner Levinson
Downtown Development Authority
2nd Monday at 12:00 Noon
Chamber of Commerce
Commissioner Ellis
Education Board
15t Monday at 5:30 p.m.
First Floor Conference Room, City Hall
Commissioner Fetzer
Primary Member
Mayor Perlman
Alternate Member
\ \
Drug Task Force
3rd Friday at 10:00 a.m.
Chief's Conference Room, Police Department
General Employees Retirement
Committee
Meets as needed
Downtown Marketing Cooperative
2nd Thursday at 8:00 a.m.
Commission Chambers
Parking Management Advisory Board
4th Tuesday at 5:30 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 Chief's Conference Room
Sister Cities Committee
151 Thursday at 4:00 p.m.
First Floor Conference Room, City Hall
Page 2
Commissioner Ellis
Tom Lynch to continue
as Commission appointee
Commissioner Ellis
Commissioner Montague
Mayor Perlman
(The Mayor is a sitting member
Section 33.65 of the City Code)
Commissioner Fetzer
OUTSIDE AGENCY APPOINTMENTS
Palm Beach County League of Cities, Inc.
Governmental Center
301 North Olive Avenue
West Palm Beach 33402
Contact: J ames 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., at various locations in Palm Beach County.
Plorida 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
Florida League of Mayors
Member
Approved Liaison Assignments 3-29-07
MetrQ,Politan 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 Levinson
Primary Member
Commissioner Montague
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, and through, urbanized areas of Palm Beach County
while minimizing transportation related fuel consumption and air pollution. The MPO is charged
with the development of short-range (5 year) and long-range (20 year) transportation plans and
programs.
MPO Board (elected officials) meets on the 3rd Thursday of the month at 9:00 a.m., 12th floor
Conference room at the Governmental Center. Technical Advisory Committee (fAC, 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.presentatives
Maria Sachs, District 86
Adam Hasner, District 87
Liaison to State Senators
Jeffery Atwater, District 25
M. "Mandy" Dawson, District 29
Ted Deutch, District 30
Liaison to United States Representatives
Robert Wexler, District 19
Ron Klein, District 22
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 Montague
Mayor Perlman
Commissioner Levinson
Mayor Perlman
Commissioner Montague
Commissioner Levinson
Primary Member
Mayor Perlman
Alternate Member
Paul Dorling
City Staff Member
Approved Liaison Assignments 3-29-07
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 29, 2007; May 31, 2007, August 30, 2007; and November 29,2007.
The Executive Committee meets at 9:30 a.m., Issues Forum at 10:30 a.m. and IP ARC at 1 :30 p.m. in
the Lantana Council Chambers.
5/ Agonda 2007/ Approved LioilOn As.ignmen.. Amended
Approved Liaison Assignments 3-29-07