01-08-13 Special/Workshop Meeting MinutesSPECIAL/WORKSHOP MEETING
JANUARY 8, 2013
A Special/Workshop Meeting of the City Commission of the City of Delray Beach, Florida, was
called to order by Mayor 'Phomas F. Carney, Jr. in the First Floor Conference Room at City Hall at
6:00 p.m., on Tuesday, January 8, 2013.
Roll call showed
Present - Commissioner Christina Morrison
Commissioner Alson Jacquet
Conuni.ssioner Adam Frankel
Commissioner Angeleta E. Gray
Mayor Thomas F. Carney, Jr.
Also present were - Douglas Smith, Interim City Manager
Brian Shutt, City Attorney
Lanelda Gaskins, Deputy City Clerk
Mayor Carney called the Special/Workshop meeting to order and announced that it had been called
for the purpose of considering the following Items.
SPECIAL MEETING AGENDA
1. SELECTION OF DEPUTY VICE -MAYOR (THROUGH MARCH 28, 2013)
Mr. Frankel moved to appoint Angeleta Gray as the Deputy Vice- Mayor through March 28,
2413, seconded by Ms. Morrison. Upon roll call the Commission voted as follows: Mr.
Jacquet — Yes; Mr. Frankel — Yes; Mrs. Gray — Yes; Mayor Carney ---- Yes; Ms. Morrison ---
Yes. Said motion passed with a 5 to 0 vote.
Mayor Carney adjourned the Special Meeting at 6:01 p.m.
WORKSHOP MEETING AGENDA
1. Discuss ionregarding Mitigation Alternatives for Beach Erosion at the North End of the
Beach
Mr. Paul Dorling, Director Planning and Zoning presented a PowerPoint presentation regarding
the mitigation alternatives for beach erosion at the north end of the beach. He discussed the
erosions control lines, delineation of the dredge fill project, the beach properties along the beach
and the north end beach renourishment options. Mr. Dorling stated that a representative for
Coastal Planning and Engineering (CPE) talked about coming in on the north end of the beach
and extending some fill. about 20 cubic yard per feet going north about 4,000 feet at $40.00 per
cubic yard, which is estimated at about $3.6 million dollars. The 2,000 feet on the south end of
the beach would be an additional cost. He stated that he received some figures from Palm
Beach County; and that the County has an agreement with Eastern Aggregate Enterprises for
hauling sand from specific mines that are beach compatible for other project within the county.
He explained that Costal Planning and Engineering had been in contact with Palm Beach
County regarding their contract. Mr. Dorling discussed several options as follows: Option 1)
add fill with trucked in sand at (20 cubic yards going north at 4,500 feet at $40.00 per cubic
yard), at an estimated cost of $3.6 million or potentially less if the City is able to piggyback on
the County contract for hauling with Eastern Aggregate Enterprises, which is currently doing
similat hauling for dune restoration for the County. Option 2) add fill with mucked in sand to
add approximately two cubic yard for each frontage foot located in front of the existing
escarpment to cover the toots of existing dune plants (same cubic yard and feet at $40.00 per
cubic yard) at an estimated cost of $360,000. This provides aesthetic relief and some limited
protection. He also discussed the difference between the public beach and the area adjacent to
the private property. According to DEP (Department of Environmental Protection), there are
several options the private property owners can take with any of the solution. Individual private
property owners that have property which abuts the beach can consult with DEP to bring in fill
as long as they meet the same criteria as the City. The private property owner would have to
consult with the City because of the access points to get the sand on the beach. The City would
be a party to that, but does not have to be the applicant or contact DEP. The property owners
can contact DEP directly.
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Tony McNeal of the FDEP CCCL program and asked him two questions. first question, can
the beach renourshiment dredge stockpile sand from the offshore borrow area to be used by the
residents to restore the dunes damaged by the hurricane. Mx. McNeal xesponse was no. Second
question, does the City have to request approval under the emergency order to restore dunes
behind the private property or can the residents do it themselves. Mr. NcNeal response was yes,
it could be done through the City requesting permission or an individual property owner can
request permission. Mr. Spadoni stated that the contract between Palm Beach County and
Eastern Aggregate Enterprises is setup in a fashion that the City Delray Beach and Pahn Beach
County can utilize the contract to get materials on the beach. He asked Mr. Eastman to give two
estimates, one for 10,000 tons of sand and another for 60,000 tons. In each case, the estimates
are about $45.00 cubic per yard, which exceeds what was anticipated. The problem is Eastman
Aggregate Enterprises is trucking the sand from Fort Pierce, which is most compatible with the
City sediment. It adds a lot of mileage on the trip and drives the cost up. This is the contract
that would bring in the sand. Based on Mr. Eastman's estimate it would be about $45.00 per
cubic yard and he would look at the site conditions to determine if there would be additional
costs related getting the trucks on and off the beach. The private properties owners are pretty
close to the access point and will not necessary suffer the consequences of the fill being trucked
up and down the beaches. Their cost would be about $45.00 per cubic yards.
Mr. Frankel asked if anyone contacted Senator Nelson's office or the state representatives to see
if there is funding available.
Mr. Dorling stated that there was a request for funding submitted by the State to FEMA and it
was denied. We are unable to get federal funding for beach renourishment.
Mayor Carney asked if it was the State DEP that said the City could not use the sand
Mrs. Gray asked if the City considers option two, does the City have the funds.
Ms. Morrison asked if December 2013 the mandated deadline, and if the City can get some of
the funding that was recently approved by Palm Beach County for beach renourishment.
Mr. Jacquet asked if the city considered contributions from private property owners.
Discussion ensued between Commission and staff regarding the funding for the beach
renourishment project.
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January 8, 2013
Mr. Dorling stated if the City is going to proceed with any request to DEP, CPE needs to be on
board and they need to provide numbers with respect to volume. Off shore and sand surveys
needs to be done.
Mayor asked about the time table.
Mr. Dorling stated that he will be meeting with the DEP to discuss if the emergency order can
be used in this case.
Mr. Spadoni stated that the surveyors will be on the beach over the next two weeks.
After discussion, it was the consensus of the Commission for staff to work with the engineering
firm to put the studies together for the beach renourshment project and also look at option two.
Mr. Smith stated that staff can try to get some information and have an agenda item on next
week Regular Commission agenda, if Commission takes some action on approving engineering
fees or any other action necessary.
Mr. Shutt asked if Commission would like to piggyback on Palm Beach County agreement.
Commission would like the City to piggyback on Palm Beach County agreement.
2. Palm Beach Cour S arts Commission Presentation.
Michael Brady, President of the Palm Beach County Sports Commission (PBCSC) gave a brief
overview of the Sports Commission mission. PBCSC mission is to bring tourism into Delray
Beach and Palm Beach County through sports. Mr. Brady introduced Margie Walden.
Margie Walden gave a PowerPoint presentation regarding the events Pahn Beach County Sports
Commission brought to the City over the past years. She stated that there is a tremendous
amount of resources in Delray Beach in terms of the sports facilities. She believes it would be a
great opportunity to look at sports and the innovation of entertainment for economic
development. Ms. Walden asked if there is an interest to make Delray Beach a sports
destination. If so, is there a possibility to make a strategic plan to bring the Parks and Recreation
Director, Delray Beach Marketing Cooperative, Downtown Development Authority, ELEV8
and Prep & Sport together. She suggested a vision and a possible plan of action that might help.
As well as asked can the resources be made better and come up with a strategic plan to move
forward.
Discussion ensued between Commission and Ms. Walden regarding how much money is spent
in the South county area, use of the City facilities and future meeting with the stakeholders.
It was the consensus of the Commission for all the stakeholders to meet.
Mayor stated he is in favor of at least exploring the possibility of doing something if Palin Beach
County Sports Commission (PBCSC) can come back with a reasonable price and it would be
considered.
Commission thanks the Palm Beach County Sports Commission and Margie Walden for their
presentation.
At this point, 6:47 p.m., Commissioner Jacquet left the meeting.
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January 8, 2013
3. Direction regarding the Use of Air Rights Above Public Rights -of -Wad
Mr. Brian Shutt presented this item. Staff is seeking direction from Commission regarding 32
East request for use of air rights to allow structures to encroach into the public right of way for
commercial purpose. Currently, the Land Development Regulations does not allow this and will
have to be amended to allow this to occur.
Paul Dorling, Director of Planning and Zoning discussed several photographs showing the
canopy, balcony and railing for 32 East. He stated that the code in this situation requires a five
feet setback from the property line. The canopy for a balcony is allowed to encroach four feet
into the setback. At the February 11, 2011 Regular Meeting, Commission approved two waiver
requests for Front Setbacks, and Structures Allowed within Setback to permit a proposed
balcony, support columns of the balcony -canopy, entry arch columns and attached high top
tables to encroach within the front setback. Mr. Dorling stated that during the process, the
applicant said he wanted to hardscape canopy, not an awning, and wanted to extend it to protect
its patrons underneath. There were some concerns. He stated that all along in the process it
was made clear to the applicant that the seating could not be expanded and there was a limited
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able to use it, and was aware that he could not and should not use it under the current scenario.
The physical building currently extends into the right-of-way and four feet over the property
line. The applicant built this knowing that he could not use it and there is no obligation to allow
the applicant to use it. Mr. Dorling stated if it is the Commission desire to look at allowing the
applicant to use the public space the following needs to happen: the additional use area will be
subject to in -lieu parking fees in the amount of $15,600.00 for two spaces, and an annual lease
agreement.
Discussion ensued between Commission and staff. Commission directed staff to prepare an
agreement with 32 East to provide some form of payment, an annual lease agreement renewal by
City Commission, and to charge the appropriate inlieuparking fee.
4. State Legislative Update
Richard Reade, Sustainability Officer/PIO presented this item. He stated that the City has been
working with All Florida Solutions, a subsidiary of Weiss, Handler & Cornwell, P.A. to develop
language to present to elected officials that would protect and preserve some of the City's
interest. He introduced Henry Handler from Weiss Handler. Mr. Handler gave an update
regarding the City's actions to prepare for the upcoming 2013 State Legislative Session. He
stated that they developed an outline of issues that is based in part from the association of
counties and the Palm Beach County League of Cities. The goal is to make the state legislative
issues specific to the Delray Beach. Next week they will approach the legislative delegation with
what is important to the city, in addition to what has been generated and developed by the Palm
Beach County League of Cities and the association of cities. Mr. Handler introduced Megan
Hoeser and stated that they have been working with Douglas Smith and Richard Reade with
regards to Delray enterprise zone legislation. Received very good cooperation from
Representative Lori Berman of the House of Representatives, and a bill has been submitted to
drafting for the Delray Enterprise Zone. Senator Maria Sachs will be the author of the Delray
Enterprise Zone Bill. Mr. Handler and Richard Reade are working together to develop meetings
with local legislative delegation and is targeting dates at the end of January. The meeting will
bring the legislative delegation and the City Commission together to emphasize what is
important to the City of Delray Beach.
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January 8, 2013
Mr. Reade explained that Representatives Bill Hager and Bobby Powell have agreed to be co-
sponsors on the bill.
Discussion between Commission and staff continued regarding the state legislative issues
specific to the City of Delray Beach.
Mr. Reade suggested a joint meeting with Senator Maria Sachs and Representatives Bill Hager
and Bobby Powell on January 29th or January 30'h.
It was the consensus of Commission to meet on Wednesday, January 30, 2013 at 6:00 pm
5. Discussion Regarding Chy Commission Voting Procedure
Mayor Carney presented this item and discussed the City Commission voting procedures.
Currently the Charter provides that the all votes taken by the Commission shall be by roll call
and must be made in the affirmative. He suggested that Commission consider changing the
voting procedure to allow the votes to be done in a more expeditious manner and remove the
language from the Charter.
Mr. Shutt stated he will come back before Commission with an ordinance at the January 15,
2013 Regular Meeting and the second reading ordinance will have to be adopted by February 5,
2013, because the language will have to be provided to the Palm.. Beach County Supervisor of
Election by February 8, 2013. He asked if the voting procedures shall be as in accordance with
the Local Rules of Procedures. Discussion continued and Commission agreed to keep the three
affirmative votes as outlined in the Local Rules of Procedures.
Mayor Carney adjourned the Workshop Meeting at 7:51 p.m.
ATTEST:
YOR
y City Clerk
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The undersigned is the City Clerk of the City of Delray Beach, Florida, and the information
provided herein is the Minutes of the Special/Workshop Meeting of the City Commission held on
Tuesday, January 8, 2013, which Minutes were formally approved and adopted by the City
Commission on April 16, 2013.
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January 8, 2013
d . I City Clerk �
NOTE TO READER: If the Minutes you have received are not completed as indicated above, this
means they are not the official Minutes of the City Commission. They will become the official
Minutes only after review and approval, which may involve amendments, additions or deletions to
the Minutes as set forth above.
January 8, 2013