Loading...
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. ,, ,,.-.t"<;s E` -r. f. a.a <.. t ii� A P1 -f .J may'- _� �.� -..�Pr ca w:.v .. ......:.:.:.�=.a-x �,�;,-,-...:xrk .�:s _„- -- -- - - - ---- may.... 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. 2 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. 3 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 u: s: --e�. iii. of l i r.Y _ � 'ud.G.�__L L; �,II+.,_L �.E: rre--rJx S..vi�:iFi Lii.lsi-6..� �i "Ccle.L�i� �� +�u�iv'" 'c°aiswz "�3�V L,. :iL 41. Jisv uxm.,. UC 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. 4 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 �b4 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. 5 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