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Res 88-97 RESOLUTION NO. 88-97 A4 RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, ESTABLISHING THE PARKING MANAGEMENT TEAM AS AN ADVISORY BOARD TO THE CITY COMMISSION; PROVIDING FOR THE PARKING MANAGEMENT ADVISORY BOARD'S PURPOSE; PROVIDING FOR THE BOARD'S COMPOSITION, APPOINTMENT OF MEMBERS AND TERMS; PROVIDING A GEOGRAPHIC AREA WITHIN WHICH THE PARKING MANAGEMENT ADVISORY BOARD SHALL OPERATE; PROVIDING GENERAL PROVISIONS FOR ORGANIZATION AND OPERATION; PROVIDING AN EFFECTIVE DATE. WHEREAS, the Parking Management Team was created as a task team by the City Commission with the adoption of Resolution No. 121-92, as subsequently amended by Resolution No. 39-93; and WHEREAS, the City Commission finds that parking and related issues within certain areas of the City have become of utmost importance and should be addressed in an organized and structured manner; and WHEREAS, the City Commission finds it to be in the best interests of the City of Delray Beach to establish the Parking Management Team as a formal advisory board. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the Parking Management Advisory Board is hereby established as an advisory body to the City Commission pursuant to the provisions set forth herein, and repealing Resolution Nos. 121-92 and 39-93. Section 2. That the Parking Management Advisory Board is hereby created for the purpose of advising and making recommendations to the City Commission with respect to parking management policy and related issues including, but not limited to, the planning, financing, development, construction and operation of parking facilities in accordance with the provisions of this resolution. Section 3. That the Parking Management Advisory Board shall be composed of seven (7) regular members, with representation as follows: (a) A representative from the Community Redevelopment Agency; (b) A representative from the Downtown Development Authority; (c) A representative from the Planning and Zoning Board; (d) A business owner/operator representing the Old School Square Historic Arts District; (e) A business owner/operator representing the Atlantic Avenue corridor between Swinton Avenue and Interstate 95; (f) A business owner/operator representing the Atlantic Avenue corridor between Swinton Avenue and the Intracoastal Waterway; and (g) A business owner/operator representing the Atlantic Avenue and State Road A1A corridors lying east of the Intracoastal Waterway. The Community Redevelopment Agency, the Downtown Development Authority and the Planning and Zoning Board shall recommend appointees, with the City Commission having the authority to approve and ratify all recommendations for membership. The balance of the Parking Management Advisory Board membership shall be appointed directly by the City Commission. The members of the Parking Management Advisory Board shall serve for terms of two (2) years, except that the members of the first board to serve shall be appointed so that three (3) members shall serve one (1) year terms and four (4) members shall serve two (2) year terms. It is further provided that no member may serve more than two successive terms on the Parking Management Advisory Board. Section 4. That the geographic area within which the Parking Management Advisory Board shall operate is defined as the boundaries of the Transportation Concurrency Exception Area (TCEA), a map of which is attached hereto and made a part hereof, as well as all public parking areas located along State Road A1A within the corporate limits of the City of Delray Beach, as currently exist or as may exist in the future. Section 5. The Parking Management Advisory Board shall be organized and shall operate as follows: (a) The Parking Management Advisory Board shall elect a Chairperson and Vice-Chairperson to preside at its meetings and any other officers the board may deem necessary. - 2 - Res. No. 88-97 (b) The Parking Management Advisory Board shall hold meetings on a regular basis at least once monthly, which meetings shall be open to the public. Minutes shall be kept of all such meetings, and any special meetings, with copies of said minutes and any other reports to be transmitted to the City Commission and the City Manager. (c) The Parking Management Adviso~ Board shall have technical and logistical support provided as designated by the City Manager. (d) The Parking Management Advisory Board shall be subject to the provisions of Chapter 32, "Departments, Boards and Commissions", of the Code of Ordinances of the City of Delray Beach, except as modified by this resolution. Section 6. That this resolution shall become effective immediately upon passage. PASSED AND ~OPTED in regular session on this the 9th day of Dece~er, 1997. ATTEST: ..... ~ity Cl~k - - 3 - Res. No. 88-97 MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER b~I S B ,CT: # M", ,TIN RESOLUTION NO. 88-97 (PARKING MANAGEMENT TEAM) DATE: DECEMBER 5, 1997 At the October 28th workshop, the City Commission was asked to review the 1992 resolution that created the Parking Management Team (PMT) and provide direction on whether or not to formally establish the board as an advisory body. Direction was also requested on membership, responsibilities, staff support and various other aspects. It was the consensus of the Commission to establish the PMT as a formal advisory body, subject to the City Attorney's review of the dual office holding aspect. The City Attorney researched this matter and presented her opinion by memorandum to the City Commission dated November 18, 1997 (copy attached). In summary, the Commission may create the Parking Management Team as an official board of the City. If the Commission keeps the duties of the board as strictly advisory, the members of the Parking Management Team would not be holding "office" and the appointment of a CRA, DDA or P&Z member would not present a dual office holding violation of the Florida Constitution. Resolution No. 88-97 establishing the Parking Management Team as a formal advisory board is before the Commission for consideration. The board will be composed of seven (7) members and will function in a manner similar to the other boards of the City. If the resolution is acceptable to the City Commission as drafted, I recommend that it be approved. If changes are desired, direction should be provided. Once finalized, staff will begin the process to secure applications for consideration and formal appointment by the Commission. ref:agmemo7 £1TY OF ELAI:IY BEACH DELRAY BEACH Ali. America City MEMORANDUM ~Jll"~''''' D^TE: NovemberlS, 1997 ~ v~-~ TO: City Commission FROM: Susan A. Ruby, City Attorney SUBJECT: Parking Management Te~L~ - Proposed Membership - Dual Office Holding The City Commission was advised by the Parking Management Team that they wished to become an official City Board. The proposed Parking Management Team Board (PMTB) includes a CRA, DDA, and P&Z member. Our office researched the constitutionality of including a CRA, DDA and P&Z member. The Florida Constitution, Article II, Section V(a), prohibits the holding of more than one "office". An "office" is a position which exercises a portion of the sovereign power. State ex rel. Holloway v. Sheats, 83 So.2d 508 (Fla. 1919); AGO 9045. It is the nature of the powers and duties permitted to be exercised as a board which determines whether a member is holding an "office." Serving on a board that is an advisory body only would not constitute the holding of an "office." For example, the Attorney General has opined that a member of a planning and zoning board, having only advisory powers, was not holding an office for constitutional purposes (AGO-86-185). However, the Attorney General's Office has opined that a county planning and zoning board member sitting on a planning board that made some final decisions appealable to the County Commission was holding an "office." AGO 90-33. Therefore, the City's P&Z members having similar powers to those referred to in AGO 90-33 would be holding "office. ' Therefore, if the City Commission delegates powers to the PMTB which constitute a grant of f'mal authority appealable to the City Commission, or appealable to circuit court, the PMTB Board members would be deemed to be holding office, and a P&Z board member would be prohibited from holding both offices unless the "allied duties" exception referred to below was applicable. If, however, the PMTB duties were City Commission November 18, 1997 Page 2 advisory only, then there would not be a dual office holding prohibition with or without applying the "allied duties" exception. The "allied duties" exception allows membership on two boards where the duties of both boards are closely and def'mitively allied. In such cases, the newly assigned duties are viewed merely as an addition to existing responsibilities and are not violative of the dual office holding prohibition. See, City. of Rivera Beach v. Palm Beach Coun_ty Solid Waste Authority_, 502 So.2d (Fla. 4DCA 1987); State v, Florida State Turnpike Authority., 80 So.2d 337 (Fla. 1955). It is my recommendation that if the Commission decides to give the PMTB more than advisory powers and decides to give PMTB responsibility to exercise a portion of the City's sovereign power, that an Attorney General Opinion be obtained. The purpose of obtaining the Attorney General Opinion would be to determine if the duties of the PMTB are definitively allied with existing P&Z functions and thus, would not violate the dual office holding prohibition, and to determine if there would be a conflict of interest. In the alternative, the City may want to make the PMTB an official City board with advisory powers only so as to circumvent any potential claim of dual office holding. Turning now to the CRA member issues, Florida Statutes §163.367 prohibits CRA board .members from holding another office. Thus, if the PMTB were given more than advisory powers (constituting an office) the CRA member could not serve on the board. It is my opinion that the "allied duties" exception set forth above would not apply to the CRA member. The exception appears to have been negated for CRA members by statute. Therefore, only if the PMTB duties are solely advisory would it not constitute an office, and under the statute, the CRA member could serve on the PMTB. Contrarily, if the PMTB duties are more than advisory, the CRA member could not serve on the board. The DDA membership on the PMTB is governed by Special Act. The Special Act, Section 4, provides, "It [the DDA] is hereby constituted a body corporate and an agency of the City; and performance by the authority of its duties and exercise of its powers are hereby designated municipal functions and shall be so construed." Further-in Section 4, subsection (c) of the Act, the Act provides that to qualify or remain qualified for membership on the DDA, a prospective or current member "... shall not [serve] as a city . officer or employee." The Supreme Court has stated that a special district created to perform a special governmental function would not constitute an "off.ice" and thus there would be no dual office holding prohibition. In re: Advisory_ Opinion to the Governor - Dual Office Holding, 630 So.2d 1055 (Fla. 1994). However, in this case, the special act governing the DDA would appear to provide otherwise prohibiting a DDA member serving as a City officer. If, however, the PMTB is given advisory powers only, the DDA member could serve on the PMTB without being considered a City officer. City Commission November 18, 1997 Page 3 In summary, the Commission may create the PMTB as an official board of the City. If the Commission keeps the duties of the board as strictly advisory, the members of the PMTB would not be holding "office" and the appointment of a CRA, DDA or P&Z member would not present a dual office holding violation of the Florida Constitution. Please call if you have any questions. cc: David T. Harden, City Manager Alison Harry, City Clerk Diane Dominguez, Planning & Zoning Director dualofc.sar MEMORANDUM TO: David T. Harden City Manager FROM: ~Robert A. Barcinski Assistant City Manager DATE: October 21, 1997 SUBJECT: AGENDA ITEM - CITY COMMISSION WORKSHOP - OCTOBER 28~ 1997 PARKING MANAGEMENT TEAM Direction City Commission is requested to review the 1992 resolution that established the Parking Management Team and provide direction on the following: · Status of Task Team · Membership · Responsibilities and duties · Staff support Background The Parking Management Team was established by City Commission in 1992 by resolution to advise City Commission on the planning, development, construction, and operation of parking and to make recommendations on and implement provisions of the 1991 Master Parking Plan. The PMT was not set up as an official advisory board to City Commission. Membership consists of ten (10) members with representation narrowly defined. A copy of the PMT board membership is attached. Members were nominated by the CRA and appointed by City Commission. Staff support was loosely defined with initial support provided by the CRA with the understanding that a permanent program for the administrative aspects of the PMT would be provided at a later date. Staff assistance has been provided by the CRA with assistance from our Planning and Police Departments. The PMT does not meet on a regular basis, nor are the terms of appointees established. I have met and discussed issues concerning the PMT with Janet Ormen, Chris Brown, and Diane Dominguez. We all felt that it was time to review provisions of the establishing resolution with City Commission and seek direction on various items. The Parking Management Team reviewed staff recommendations and voted to present these to City Commission for consideration. They indicated that these changes would be beneficial until such time that a parking authority may be established. Direction Issues/Recommendations Should the PMT continue as a task team or be reestablished as a formal advisory board to City Commission with terms and limits like other boards i.e. maximum two (2) two year terms with monthly meetings. Should the PMT consist of ten (10) members with narrowly defined representation? · We recommend a seven (7) member board with representation as follows. ~/~ (1) One member CRA (2) One member DDA (3) One member Planning and Zoning Board (4) One member from the OSSHAD District (5) One business owner - west of Swinton Avenue (6) One business owner - between Swinton and Intracoastal (7) One business owner - east of Intracoastal The CRA, DDA and P & Z Boards should recommend appointees; other membership should be selected the City Commission from a list of applicants. Terms would be staggered. · What should be the responsibilities of this board? We recommend that responsibilities continue as outlined in the original ~ resolution. · Should the area within which the PMT operates be defined? We feel this area should be defined and would recommend boundaries if City  Commission should direct this option. CRA is proposing boundaries that would include all of the CRA district, plus the area along A-1-A from N.E. 8th Street to Casurina. We recommend that proposed boundari~oincide with those of the Transportation Concurrency Exception Ar~ (TCEA~nap attached), as well as the area along A-1-A within the CBD. Tlus~wo-ffi-d include the entire CBD, as well as the West Atlantic Redevelopment Area and the beach business areas, which are the locations that are generating most of the parking issues. · Who should provide staff support for the PMT? We feel C,~ity staff as assigned by the City Manager should provide the administrative staff~support with assistance provided by CRA staff. City staff support should also be provided to implement recommendations approved by City Commission. RAB/tas Ffle:u:sweeney/agenda Doc:parkng. doc RESOLUTION NO. 121-92 A RESOLUTION' OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, CREATING A PARKING MANAGEMENT TEAM FOR THE PURPOSE OF IMPLEMENTING THE MASTER PAP. KING PLAN; PROVIDING FOR A MEMBERSHIP COMPOSITION AND APPOINTMENT PROCESS$ PROVIDING FOR THE APPLICABILITY OF SECTION 2.2.1 OF THE LAND DEVELOPMENT REGULATIONS; PROVIDING FOR THE INITIAL SCOPE OF RESPONSIBILIT~ OF SAID PARKING MANAGEMENT TRAM; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Delray Beach, Florida, in addressing the subject of downtown parking, appointed a special Parking Study Committee in June of 1991; and, WHEREAS, the Parking Study Committee prepared a report entitled Master Parking Plan and presented said plan to the City Commission after review and comment by the Community Redevelopment Agency and the Planning and Zoning Board; and, W~EREAS, the Planning and Zoning Board determined the Master Parking Plan not to be inconsistent with the City's adopted' Comprehensive Plan; and, WHEREAS, the Master Parkina Plan calls for the creation of a formal parking Management Team and identifies activities with which =he Team should be involved. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section ~. That ~ Parking Management Team is hereby created for the purposes ~f ca~ing out and implementing the ~ Plan, and shall ot~egw[se be charged with advising the City Commission · concerning the planing, development, construction and operation of parking in accordanc~with the provisions of this Resolution. Section 2. That the Parking Management Team is hereby created and shall have membership comprised of a representative of each of the following: (a) \ The Community Redevelopment Agency Board~ (b) ~The Downtown Development Authority Board~ (c) ~The Planning ~nd Zoning Board ~ (d) ~he City Co~ission ~ (e) T~e Chambe/~of Commerce , (f) A ~busin~s operator or land owner representing the ori~inp~ Downtown Development Authority area (g) A b~iness operator or land owner representing the exp~h~ed Central Business District area (h) A/bus%ness operator or land owner representing the c~mer~ial Beach area (i) A business operator or land owner representing t~e West Atlantic Avenue area, east of 1-95 Section 3~ Representatives shall be nominated, through the Community Redevelopment Agency, to the Delray Beach City Commission which shall make the actual appointments. ~ Section 4, That the Parking Management Team shall be subject _ / to the Gene~al Provisions (Section, ~.2.1) of Article 2.2 of the Land ~ /..~A/ Development Regulations of the City of Delray Beach, Florida, except as ~, ' ~' mod'fled by this Resolution clerical and logistic support from the~mmunity Redevelopment Agency, on an interim basis, until such time as a permanent program for the ~administrative aspects of operations for the Team are established by action of the City Commission. Section 6. That the Parking Management Team shall undertake, as a firs= responsibility, the creation of ~=s organization relationships including, but not limited to: ~ (a) method of interacting with the municipal departments which are involved in day-to-day traffic operations; ~{b) method of making recommendations and obtaining implementation of Traffic Engineering, Parking Management, an~ ~and Development Regulation Modifications; and, I(c) manner in which the objectives of the Parking Trust Fund concept are to be obtained. Section 7. That until such time as the provisions of Section 6, above, are formally accepte~ by the City Commission, the Parking Management Team shall consider matters ~ealing with the planning, development, construction and operation of parking in the Master Parking. Plan Study Area and shall make recommendations regarding their disposition to the City Manager on a case-by-case basis. When City Commission action is required, the City Manager shall present such recommendations to the City Commission at their next regular meeting.. Section 8. That the Parking Management Team shall immediately convene and shall immediately pursue its assigned tasks. PASSED AND ADOPTED in regular session on this the 27th day of October, 1992. ATTEST: cit~ C~er~ ~ - 2 - RES. NO. 12~-92 RESOLUTION NO. 39-93 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING RESOLUTION NO. 121-92 WHICH CREATED A PARKING MANAGEMENT TEAM FOR THE PURPOSE OF IMPLEMENTING THE MASTER PARKING PLAN, BY AMENDING SECTION 2 PERTAINING TO MEMBERSHIP COMPOSITION, TO INCLUDE A REPRESENTATIVE FROM THE OLD SCHOOL SQUARE HISTORIC ARTS DISTRICT; PROVIDING AN EFFECTIVE DATE. WHEREAS, on October 27, 1992, the City Commission of the City of Delray Beach, Florida, adopted Resolution No. 121-92 creating a Parking Management Team for the purpose of implementing the Master Parking Plan; and WHEREAS, Section 2 of said Resolution No. 121-92 sets forth the membership composition of the Parking Management Team, providing for representation from various areas and entities of the City of Delray Beach; and WHEREAS, the Community Redevelopment Agency Board of Commissioners has subsequently recommended that a representative from the Old School Square Historic Arts District be included on the Parking . Management Team; and WHEREAS, the City Commission concurs with said recommendation. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That Section 2 of Resolution No. 121-92 is hereby amended to read as follows: That the Parking Management Team is hereby created and shall have membership comprised of a representative of each of the following: (al The Community Redevelopment Agency Board (b) The Downtown Development Authority Board (c) The Planning and Zoning Board (d) The City Commission (e) The Chamber of Commerce (f) A business operator or land owner representing the original Downtown Development Authority area (g) A business operator or land owner representing the expanded Central Business District area (h) A business operator or land Owner representing the commercial beach area (i) A business operator or land owner representing the West Atlantic Avenue area, east of 1-95 I~) A representative from the Old School Square Historic Arts District Section 2. That this Resolution shall take effect immediately upon adoption. PASSED A~D ADOPTED in regular session on'this the 13th day of April, 1993. ATTEST: -- - ~City C~rk PARKING MANAGEMENT TEAM Represcnting Member Felephone # CRA Board Rick Mouw !76-9640 Mouw and Associates ~-65-3886 fax 409 N.E. 3rd Street 33483 DDA Board Meg Eaton ~64-52,~6 home Ruth Chagnon Dress Shop Z76-4921 work 1136 East Atlantic Avenue 276-8542 fax 33483 P & Z Robin Bird [954) 786-4634 work 1300 Cormorant, Road South [954) 786-4658 fax 33444 City Commission Kevin Egau ~98-6028 pager City of Delray Beach Z43-3774 fax 100 NW 1st Avenue 33444 Chamber of Con, rncrce Bruce Gimmy Z78-5626 The Trouser Shop 439 East Atlantic Avenue 33483 DDA Area ~, Janet Ormcn, Chairwoman (Land or Business Ownc0 Mcisner 151ectxic ~.78-8397 fax 220 NE 1st Street 33444 Commercial Beach Area Monry Helm 272-2700 (Land or Business Owner) Delray Beach Yacht Club 278-0444 fax 100 MacFarland Drive 33483 West Atlantic Avenue No,ma Bannottra $99-8484 home (Land or Business Owner) 4130 NW 10th Street 394-9455 work 33445 ~25-6461 pager Expanded CBD Armand Mouw 276-9640 (I..and or Business Owner) Mouw and Ar~ociates 265-3886 fax 409 ~ 3rd Strcet 33483 OSSHAD District Joe Gillie 243-7922 Old School Square 243-8391 fax 51 North Swinton Avenue 33444 Staff P & Z ~r ~/~/~.,/--~ 243-7321 City of Delray Beach 2a3-7221 fax 100 NW 1st Avenue 33444 Police Department Officer Sherry Settelen ~, 243-7390 City of DeLray Beach 387-1839 pager Pineapple Grove Substation 243-7816 fax !89 N.E. 2nd Avenue 33444 CRA Christopher J. Brown 276-8640 Executive Director 276-8558 fax 24 N. Swinton Avenue 33444 CRA Diane Hervcy 276-8640 Assistant to the Director 276-8558 fax 24 N. Swintoa Avenue 33444 Revised 11/12/96 IiCI ':l?~d ~?::IE~ I'-ID~':I~ ,',~'~1-13~] ',3§§8'3~_E'l'9§ E,t':E, Et ,ZE, E,T./'::JO..."E,O February 16, 1993 Downtown Development Authority Delray Beach, Florida 33444 We are currently in the process of organizing the Parking Manag? ent Team (PMT). By Resolution No. 121-92, the City Commission created the PMT/or The pml:~ se o! implementing the Master Parking Plan. The PMT is to consist of a ,ot~a of nine memO, s with the Community Redevelopment Agency providing logistic and clerical support. Representatives shall be nominated, through the CRA, to the City Commission which shall make the actual appoint~a, rots. Membership of the team is to be comlxised of a representative ~om each of the following: /'(1) The CRA Board; (2) The DDA Board; -.~(3) The P & Z Board; (4) The City Core_mission; (51) The Chamber of Commerce; (6) A business operator or l~nd owner representing the origina~ )owntown Development Authority Area; (7) A business operator or land owner representing the expande~ ;entral Business District Area; (8) A business operator or land owner representing the commerce] Beach Area; and, (9) A business operator or land owner rel~esenting the West At,at:tic Avenue area, east of Interstate 95. We are attempting to have the team appointments made by the City Co~n aission at its first regular meeting in March. In ordez to accomplish this, the CRA must review the nonfir, ations at its February 25. 1993 regular meeting. Please help us to meet this schedule by nominating a m~s tber of your organization to serve on the team and forward that nomination to the CRA by Februazy 2~. 1993. Thank you for your cooperation. If you have any questions pleas ~eel ~ee to contact Ron Hoggard or myself at 276-8640. Very Truly Yours, Christopher J. Brown £xecutive Director PART THREE: MASTER PARKING PROGRAM This Master Parking Program refers to the previous options analysis and offers improvements and policy recommendations based on PSC consensus and conclusions from other reports to meet existing and future parking needs. I. PARKING MANAGEMENT TEAM There are numerous parking options and regulation modifications, as well as a lack of singular focus in parking in Delray Beach. Therefore, the PSC recommends that the City Commission create a Parking Management Team (PMT) to provide leadership on parking decisions in the City. The PMT should be charged with the planning, development, construction and operation of parking in the Study Area. The PMT is in many respects a formal version of the existing PSC. It should be comprised of 9 members: a representative from the CRA, the DDA, the City Commission, the Chamber of Commerce (Atlantic 'Avenue Association), the Planning & Zoning Board; and a member-at-large representing from the Downtown, Beach, West Atlantic and Expanded CBD Areas. The members should be appointed by the City Commission and serve a term limit of approximately 2 years. This quasi - public/private advisory board could become an independent Parking Authority in the future. The CRA could be under contract as the lead agency in providing staff support and agenda setting to the PMT. It is the best choice of existing agencies because it is somewhat removed from city politics; it covers the entire Study Area; and it already takes a lead role in redevelopment projects, which warrant most new parking facilities. The CRA staff would also coordinate with City staff on parking issues. See Exhibit 9. t Page 33