01-12-10 Special WS MinutesSPECIALf W4P:]~SH4P MEETING
JANUARY 1.2t 2010
A Special Meeting of the City Commission of the City of Delray Beach, Florida, was called to order
by Mayor Nelson S. McDuff e in the Commission Chambers at City Hall at 6:00 p.m., on Tuesday,
January 12, 2010.
Roll call showed:
Present - Commissioner Gary P. Eliopoulos
Commissioner Fred B. Fetzer
Commissioner Adam Frankel {arrived @ 6:37 p.m.}
Commissioner Angeleta E. Gray
Mayor Nelson S. McDuffe
Absent - None
Also present were - David T. Harden, City Manager
Brian Shutt, City Attorney
Chevelle D. Nubin, City Clerk
Mayor Nelson S. McDuff e called the special meeting to order and announced that it had been called
for the purpose of considering the following Items.
SPECIAL MEETING AGENDA
WAIVER REQUESTIWC}RTHING PLACE: Consider a waives request to Land
Development Regulations {I,DR} Section 4.6.7{F}{3}{b}, "Grand Gpening Banner", to allow two
(2} oversized banners for Worthing Place located at 30 S.E. 2"d Avenue. (Quasi JUdreial
Heating)
Mayor McDuffe read rota the record the City of Delray Beach procedures for aQuasi-Judicial
Hearing for this item and all subsequent Quasi Judicial Hearings.
Chevelle D. Nubin, City Clerk, swore in those individuals who wished to give testimony on this
item.
Mayor McDuffe asked the Commission to disclose their ex pane communications. The
Camxxussion had no ex pane communications to disclose.
Lida Butler, Community Improvement Director, presented this item. She stated this is a request
from the owner of Wari~~ing Place, located at 30 S.E. 2°a Avenue, to allow a waiver for two {2}
banners that exceed the maximum size allowed pursuant to LDR Section 4.6.7 {F}{3){b). The
proposed banner request was discussed at the Development Services Management Group's
(DSMG) regular rrieeting on December 10, 2009. She stated that the reason it was taken before
the DSMG was because the sign codes do not envision a building this size in the downtown area
that is going to be leased. Zhe owner had asked far something a little larger but it was decided
that the sign codes do allow signs up to a maximum of 160 square feet, so the DSMG settled on
what we thought was reasonable, 12-ft x 12-ft {144 sq. ft.) It is sufficient far the elevation size
of the building and they are temporary banners which will be up fora 4 month period.
A photo of the building elevation identifying the banner locations is attached for reference.
Section 2.4.7{B) of the Land Development Regulations allows the City Commission to grant
waivers to this Section of the code governing signs after making findings of facts based an the
following; shall not adversely affect the neighboring area, shall not significantly diminish the
provision of public facilities, shall not create an unsafe situation; and does not result in the
granting of special privilege in that the same waiver would not be granted under similar
circumstances an other property for another applicant or owner. Staff is recommending the
Commission support DSMG's decision to allow two oversized banners for ~lorthing Place and
support their conclusions.
Phil Morris, Developer of ~orthinsr Place at 900 East Atlantic Avenue in Delray Beach,
asked the Commission for their support and stated that they will come up with something that is
helpful to kicking off the project, yet not overly offensive at all to the City, the project and to the
area. He thanked the Commission.
Mayor McDuffie stated if anyone from the public would like to speak in favor or in opposition
of the waiver request, to please come forward at this time. There being no one from the public
who wished to address the Commission, the public hearing was closed.
The City Attamey briefly reviewed the Board Order with the Commission who made findings
according to their consensus {attached hereto is a copy and made an official part of the minutes}.
Mr. Fetzer moved to adopt the Board Order {approving the waiver request), seconded by Mrs.
Gray. Upon roll call the Commission voted as follows: Mr. Fetzer -Yes; Mrs. Gray -- Yes;
Mayor McDuffie -Yes; Mr. Eliopoulos -Yes. Said motion passed with a 4 to 0 vote.
2. AUTHORIZATION FOR THE SUPERVISOR OF ELECTIONS TO
HANDLE/CAlVVVASS ABSENTEEIPROVISIONAL BALLOTS AND REPRESENT
THE CITY AT LOGIC & ACCURACY TESTS FOR THE FIRST NON-PARTISAN
ELECTION: Authorize the Palm Beach County Supervisor of Elections to handle and
canvass the City's absentee and provisional ballots for the March ~}, 2010 First Non-Partisan
Election, and represent the City at the requisite Logic and Accuracy tests,
Chevelle D. Nubin, City Clerk presented this item. She stated that this is a standard item that is
presented to the Commission each year. Because of the current agreement with the Palm Beach
County Supervisor of Elections {SOE), they want a representative to be present when they begin
to canvass the ballots. The difficulty has been that each year the Supervisor of Elections
conducts the canvassing of the absentee ballots at 5:00 p.m., and it is difficult to leave your city
on Election Day at 5:00 p.m. when the polls close at 7:00 p.m. Ms. Nubin stated she always
attends the Logic & Accuracy Testing. Upon Commission approval, a letter is sent to the Palm
Beach County Supervisor of Elections letting her knave that she is designated to represent the
City in the handlingf canvassing of absentee and provisional ballots; and to represent the city at
the Logic and Accuracy Tests for the first non-partisan election. The City Clerk will coordinate
with the Mayor regarding attendance at the canvassing of absentee ballots.
Mr. Fetzer moved to approval of the authorization of the Supervisor of Elections to handle the
City's absentee and provisional ballots for the March 9, 2010 First Nan-Partisan Election,
seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mrs. Gray -Yes;
Mayor McDuffie -Yes; ~rfr. Eliopoulos -Yes, Mr. Fetzer -Yes. Said motion passed with a 4 to
0 vote.
2 3anuary 12, 2t? 1 t}
Mayor McDuffie adjourned the Special Meeting at 6:13p.m.
T~ORKSFIQF AGENDA
1. Toint meeting with the Financial Review Board re ardin duties and res onsibilixies
The following board members were present and introduced themselves: Howard Ellingsworth,
Chairman, Todd L'Herrau, Vice-Chair, Brenda Darden, Yvonne Walker, Jack Warner, Helena
Antunes-Boska, and Christina Pearce. Howard Ellingsworth, Chairman of the Financial Review
Board spoke and asked the Co~umission for their direction and expectation regarding its duties
and responsibilities. Z~rlr. Jack ~Xr'a.rner presented the board's recommendations regarding setting
a policy on spending stating this is what taxpayers are expecting. Collectively, the Commission
stated that they would like an independent, objective review o£ expenses and revenue, revenue
sources, youth programs, sales tax, and enterprise funds, etc, In addition, the Comnussian
would like for the board to review businesses processes, policies and procedures as well as any
area reviewed by them as the Budget Task Farce where maybe their review was cut chart due to
a timeline.
It was the consensus of the Commission that the Financial Review Board is doing a great job.
Com.m.ission stated we need to do things differently and operate more efficiently while
maintag the character of our city.
2. Mangrove Park Boat Ramp Slope Mitigation t?ptions
Richard Haska introduced this item and Jose Aguila a£ Currie Sowards Aguila Architects
conducted a PawerPoint presentation. Mr. Aguila stated he with spoke with a Cite of Pompano
Beach engineer regarding a similar type o£ problem they had with one of their ramps. He
discussed solutions and drawings stating they have not been able to price out the cost of this
repair to the ramp. He asked Commission for direction. Discussion ensued between staff, Mr.
Aguila and Commission. Commission is concerned with the cost of the repair and suggested
that staff try to find other funding sources. Mr. Haska stated that maybe this could be factored
in as part of the Capital Improvement Program. It was the consensus Commission to do the
repair.
3. Neighborhood Resource Center Presentation
Mrs. Lida Butler, Community Improvement Director, began the presentation informing the
Commission that the Neighborhood Services Division manages the Neighborhood Resource
Center (NRC). She highlighted all of the services and progxams that are o££ered at the center as
well as the partnerships between the city and various organizations. Commissioner Gray asked
how residents really know what is offered at the NRC. Mrs. Butler stated it is by word of
mouth, information handed out to homeowners assciciatians and citizen toalkits. The
Commission stated this is a great thing for the community and they had no idea how much
activity goes on at the NRC; and commended Mrs. Butler and staff
January 12, 2o1Q
4. Discuss the format and questions for the Annual Citizen's Roundtable Meeting
Mr. David T. Harden, City Manager, stated staff has started preparing for the Annual Citizen's
Roundtable that will take place at the end of the month. Douglas Smith, Assistant City Manager,
discussed the proposed new "Peter Block" format for the Roundtable Meeting.
The focus is community bui]ding and getting people to have conversations they would not
normally have regarding their communities, etc. In additron, Mr. Smith discussed possibly
bringing in a facilitator frarn the Alliance far Innovation, the questions far the roundtable and
invitations to get the ward out to the residents.
Commission supported the changes in format and bringing in the facilitator. They asked
questions regarding the timeframe far notice to residents, length and name change far the
meeting and haw responses will be recorded.
Mayor McDuffie adjourned the Workshop Meeting at 8:38 p.m.
City Clerk
The undersigned is the City Clerk of the City of Delray Beach, Florida, and the information
provided herein is the Minutes of the SpecialjWorkshap Meeting of the City Commission held on
Tuesday, January 12, 2414 which Z~rlinutes were formally approved and adopted by the City
Commission on Febnaary 2, 2414.
~.. ~.~ ~.
City Clerk
NOTE TO READER: If the 11rlinutes you have received are not completed as indicated above,
this means they are not the official Z~rlinutes of the City Commission. They will become the official
l~rlinutes only after review and approval, which may involve amendments, addztians or deletions to
the Minutes as set forth above.
January 12, 2~ l to
IN THE CITY COMMISSION
CHAMBERS OF THE CITY OF
DELRAY BEACH, FLORIDA
WAIVER REQUEST FOR WORTHING PLACE
ORDER OF THE CITY COMMISSION
OF THE CITY OF DELRAY BEACH, FLORIDA
1. "fhe waiver request to allow two (2} banners that exceed the maximum
size allowed pursuant to LDR Section 4.6.7(F}(3}{b}, has come before the City
Commission on January 12, 2010.
2. The Applicant and City staff presented documentary evidence and
testimony to the City Commission pertaining to the waiver request for Worthing Place.
All of the evidence is a part of the record in this case. Required findings are made in
accordance with Subsection 1.
I. WAIVER:
Pursuant to LDR Section 4.6.7(F)(3}{b}, one (1) banner is Mowed per building and the
banner is not to exceed fifty (50} square feet and must be placed no mare than fifteen
{15} feet above grade. The applicant has requested a waiver to instal! two {2) banners
that are twelve feet by twelve feet (12 x 12} (144 square feet} in size placed on the north
and east elevations for a maximum of four {4} months. Pursuant to LDR Section
2.4,7{B}(5}, prior to granting a waiver, the approving body shall make a finding that the
granting of the waiver;
{a} Shall not adversely affect the neighboring area;
(b} Shall not significantly diminish the provision of public facilities;
(c} Shall not create an unsafe situation; and
(d} Does not result in the grant of a special privilege in that the same waiver
would be granted under similar circumstances on other property for
another applicant or owner.
Would the waiver of Section 4.fi.7(F)(3}(b) to allow two (2} banners that are each
144 sq. ft. comply with the requirements of 2.4.7(B)(5)?
Yes X No
3. The City Commission has applied the Comprehensive Plan and LDR
requirements in existence at the time the original development application was
City Commission Special T~orl~shop Meeting on January 12, 2010; Item SP.1
f
r
submitted and finds that its determinations set forth in this Order are consistent with the
Comprehensive Plan.
4. The City Commission finds there is ample and competent substantial
evidence to support its findings in the record submitted and adopts the facts contained
in the record including but not limited to the staff reports, testimony of experts and other
competent witnesses supporting these findings.
5. Based on the entire record before it, the City Commission approves /
denies the waiver request to LDR Section 4.fi.7{F}{3}{b), subject to the condition
that the banners shall be removed by May 31, 2410,
6. Based on the entire record before i#, the City Commission hereby adopts
this Order this 12th day of January, 2010, by a vote of 4 in favor and 0
opposed,
ATTEST.. ~~ ~ ~ Nelson S. Mc~uffie,
Chevelle Nubin, City Clerk
2
City Commission Special T~orl~shop Meeting on January 12, 2010; Item SP.1