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Town of Ocean Ridge |
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Regular Meeting of the Town Commission of the Town Of Ocean Ridge, Florida held on Monday, April 5, 1999 at 6:30 PM. The meeting was called to order by Mayor Aaskov and roll call was answered by the following: Commissioner Bingham Commissioner Bridges Mayor Aaskov It was noted for the record that Comm Stamos was absent with notice and that Comm Kaleel was running late. After the Pledge of Allegiance, Atty Nicoletti read an invocation. Additions, Deletions, Modifications and Approval of Agenda Town Manager Dunham requested to add an item regarding granting an extension to bring the property at 23 Coconut Lane into compliance as Item 8a. Consent Agenda
Comm Bingham moved to approve the consent agenda as submitted, seconded by Comm Bridges. Motion carried – yea 3. Comm Kaleel arrived at 6:35 PM. Announcements and Proclamations Town Clerk Hancsak explained that she had prepared a financial summary for the Commission formed from suggestions from Bernard Ratner, 32 Harbour Drive N, after he felt the one submitted previously might be confusing to the residents and Commissioners. She explained the summary which provided information relating to the actual cash and debt from FY 1996/97 and FY 1997/98 and actual revenues and expenditures for FY 1997/98. Bernard Ratner stated that in his previous employment with Phiser Co., he used to prepare three year financial forecasts. He suggested that the town also prepare financial forecasts. He stated that the residents and Commissioners needed to look at the net position of the town as opposed to just the cash on hand which will not give as accurate of a picture. Public Comment There was no comment from the public. Public Hearings None Regular Agenda (Items which require Town Commission action that must be filed with the Town Clerk one-week prior to meeting – Public Comment Permitted) Actions and Reports Comm Bridges advised that he became concerned once he read about the merger of BFI. He stated that before County Sanitation merged with BFI, the service for the town was excellent. He commented that he felt that around Christmas the service for the town was appalling, but has been much better in the last six weeks or so. He wanted to know what guarantees the town would have that the service would continue to be good after the merger. Randy Bergeson, area manager for BFI, advised that he has been in this type of business since 1964 although he has only been with BFI for about eight weeks. He advised that the definitive letter for the merger is now before the Dept. of Justice and that he expects approval somewhere between June and September. He stated that it is common to have concerns over mergers because there are commonly disruptions of services as a result. He stated that this would not be the case in this merger as there is no overlap of services in Florida and it is this overlap of services which causes the disruption of service. He advised that the service problems which occurred in the fall were as a result of major rerouting done by BFI and that they were hearing from all areas that the service was improving. Comm Kaleel stated that his concern is that the trucks are speeding through the town on the side streets. He suggested that BFI revisit their time constraints if that is what is causing the drivers to have to go through town so fast. Mr. Bergeson explained that the rerouting was done during the peak season which may have placed too much of a burden on the trucks, but that BFI is hiring more people and acquiring more trucks to take care of the problem. Town Clerk Hancsak asked the name of the company that they were merging with to which Mr. Bergeson replied that it is Allied Waste Systems. Mr. Bergeson thanked the Town Commission for the opportunity to speak to them and welcomed any questions they might have in the future. Town Manager Dunham explained that all of the plantings done at the right-of-way have died with the exception of the trees. He added that the adjacent property owner has volunteered to help with watering the new vegetation in the future. He suggested that he prepare a plan to present to the Town Commission. Comm Bingham suggested that compatible minimal maintenance plants be chosen this time. Comm Bridges stated that he knew the neighbor had offered before to help with watering the plants, but that the Town needs to make sure they are watered until the plants are established. Comm Kaleel agreed stating that the town needs to take active management in watering the plants. It was the consensus that the town manager prepare a plan for the Town Commission. 8a. Extension for 23 Coconut Lane By: Gregory L. Dunham, Town Manager Town Manager Dunham explained that the property at 23 Coconut Lane was released from a Unity of Title provided the residence was brought into compliance by a time certain with several extensions given. He stated that a few months back, the resident was told that she would have to have approved plans and a building permit by March 31, 1999. He recommended that the deadline be extended for one month. Comm Kaleel moved to extend the deadline for 23 Coconut Lane for one month, seconded by Comm Bridges. There was no comment from the public. Motion carried – yea 4. Resolutions None First Reading of Ordinances Town Clerk Hancsak read Ordinance No. 502 by title only. Town Manager Dunham advised that this amendment to the landscape code has been before the Town Commission in several forms with this form including simple amendments for xeriscape and tree removal permits. Atty Nicoletti explained that the intent was to include single and multi family for the tree permits for both new construction and substantial improvements as outlined at the top of page two. He stated that section 6a has been amended to prohibit the planting of anything which would interfere with the utilities. He stated that Comm Bridges had questioned how to measure the girth of a tree adding that it was now explained on page four to be measured 9 – 12 inches off the ground. He stated that an amendment was made on page six which prohibited "hat-racking" on all but exempted trees. He further explained that FP&L or Bell South would need to be made aware of this ordinance before they did any trimming in their utility easements. Atty Nicoletti stated that the question was raised of how to determine the age of a tree without cutting it down to which he explained that it could be done by coring the tree amongst other methods. Comm Kaleel questioned why the variances would go before the Town Commission and not the Board of Adjustment to which Atty Nicoletti explained that only zoning matters are brought before by the Board of Adjustment. Comm Kaleel questioned why the ordinance specified that no more than 25% of replacement trees could be palm trees on page eleven. Atty Nicoletti stated that the Planning and Zoning Commission added that so that they would get a variety of trees. Comm Bridges stated that this provision is fairly common and added that Palm Beach requires three palm trees as a replacement for one another species. Comm Kaleel stated that he felt the enforcement of the ordinance would be difficult and questioned if the county could be involved in the enforcement. Town Manager Dunham stated that the town is a member of the Urban Forestry Program and may be able to get help through them for the technical aspects of the code. Comm Bingham questioned if permits are currently required for trimming trees to which Town Clerk Hancsak explained that the company doing the work needs to be registered with the town, but an actual permit is only required if the trimming is on the dune. Comm Bridges moved to adopt Ordinance No. 502 on first reading and to compliment Town Manager Dunham for his response to finding alternate methods to determine the age of a tree. Comm Kaleel suggested that for second reading the ordinance be modified to include the alternate methods and seconded the motion. Atty Nicoletti stated that he specifically did not include a specific method to determine the age of a tree. Peggy Smith, 69 Spanish River Dr., stated that disallowing hatracking does not cover what FP&L does when they cut trees. Comm Bridges suggested that an amendment be made which requires notification by the utility companies before they cut any trees. Atty Nicoletti stated that FP&L does have a representative that works with municipalities and suggested that the town contact that person to work with. Bruce Gimmy, 12 Ocean Ave., stated that he felt FP&L did a horrible job cutting trees on Ocean Ave. including four of which were "butchered" on his property. He questioned if the town could require that pruning and/or cutting be done properly. Craig Baskin, 6490 N Ocean Blvd., questioned if there is someone at FP&L that the town could speak to before making these changes to communicate what it is that the town wants. Town Manager Dunham stated that there is a municipal liaison at FP&L to talk to, but that waiting to talk to this person first would necessitate the ordinance returning for first reading. Atty Nicoletti advised that an amendment to the motion would be needed to change the ordinance regarding planting under utility lines, but added that he specifically worded the ordinance "not to interfere with" the utility lines. Town Manager Dunham explained that FP&L has specified plants that are allowed to be planted on easements. Director Hillery stated that when the town notifies FP&L that trees are interfering with the lines, FP&L cuts all the trees between that pole and the nearest pole. He added that it is not possible to notify the residents when they are coming to do this cutting as FP&L does not notify the town. Comm Bingham questioned if a definition of pruning could be added to the ordinance to which Atty Nicoletti stated that it could. Comm Bridges withdrew his original motion to approve the ordinance on first reading as presented and Comm Kaleel withdrew his second. Comm Kaleel moved to approve the ordinance with the amendment of section 6a to include the phrase "unless tree or other plant material is approved by prospective utility" and a definition of pruning under the hatracking section, seconded by Comm Bridges. Motion carried – yea 4.
Town Manager Dunham explained that in October 1998, the Town Commission and Planning and Zoning Commission met to discuss grandfathered structures and making improvements to such. He stated that this ordinance would allow improvements which do not increase the nonconformity and it would allow for residents to make a 5% change without a Board of Adjustment hearing. Atty Nicoletti explained that he had been working with Atty Ken Spillias and Hank Skokowski, Urban Design Studios, regarding this ordinance. He stated that the ordinance would allow for truly de minimus variances to be handled at the staff level and allow for a more reasonable use of lots. He added that a change of use is not grandfathered. Comm Kaleel questioned if a 5% change would be allowed if the change further encroaches into the nonconforming setback to which Atty Nicoletti explained that an additional setback change would then require a Board of Adjustment variance. Comm Kaleel questioned if the use of staff discretion in granting a variance would get the town in trouble similar to what it was regarding the property at 21 Tropical Drive to which Atty Nicoletti explained that if the town manager does not grant a variance, the applicant could still take it before the Board of Adjustment. Comm Kaleel questioned what would happen if a variance is granted by the town manager and another resident wants to appeal it. Atty Nicoletti advised that there is always a possibility regarding an appeal against an administrative decision and it would go to the Board of Adjustment. Lillian Ratner, 32 Harbour Drive North, stated that she felt allowing increases to nonconforming structures would cause problems in the future. Atty Nicoletti stated that he felt an ordinance like this was necessary as there are many nonconforming lots and structures in the town. Comm Bingham stated that she was unhappy with the ordinance and would like to have a special meeting regarding this with the affected residents. Mayor Aaskov stated that previously there was a joint Town Commission and Planning and Zoning Commission meeting to discuss this issue which many of the affected residents attended. Comm Bingham stated that she was in agreement with what the ordinance is trying to accomplish, but concerned with possible legal issues. Atty Ken Spillias advised that the ordinance distinguishes between grandfathered uses and grandfathered lots/structures and shifts most of the focus to lots/structures. He explained that the ordinance tries to take de minimus variances away from the Board of Adjustment by having the town manager look at a mathematical computation on its necessity. Once the town manager determines if he could review it, he could still deny it and then the Board of Adjustment could hear it. He stated that although a hardship is difficult to define, the town can not be so liberal as to have an adverse affect on the neighbors. Comm Kaleel asked if there could be special criteria for a hardship to which Atty Spillias replied that there needs to be a consistency between an administrative hardship variance and a Board of Adjustment variance. Comm Kaleel stated that he is concerned about the impact of allowing a variance to be approved on the judgement of the town manager and that he wants to know that variances would meet the criteria without any ambiguity. Atty Nicoletti advised that the criteria used by the town for a hardship is a common set of criteria. Atty Spillias advised that the only alternative would be to give the staff no discretion and have everything brought before the Board of Adjustment. Mr. Gimmy questioned if notices would be sent to neighboring property owners in the event of an administrative variance similar to that of a Board of Adjustment variance. Atty Nicoletti explained that the ordinance does not currently require any notification as it would be a de minimus variance and would therefore have little to no impact on neighboring properties. Comm Kaleel stated that he would be more comfortable with the town manager meeting the same requirements as the Board of Adjustment in regards to notices being sent. He added that he also felt the criteria for a hardship should be reviewed for both administrative and Board of Adjustment variances. Atty Spillias agreed that notices for an administrative variance would be a good idea. Comm Bridges moved that Atty Nicoletti review the ordinance, seconded by Comm Kaleel. Motion carried – yea 4. Second Reading, Public Hearing and Adoption of Ordinances None Town Commission Comments Comm Bridges stated that he would like the mayor and town manager to contact the correct authority to request the bridge openings of the Woolbright Bridge be timed similar to Palm Beach. Town Manager Dunham stated that he would look into the issue. Adjournment The meeting was adjourned at 8:40 PM. |
