Town of Ocean Ridge
6450 North Ocean Blvd.
Ocean Ridge, FL 33435

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Regular Meeting of the Town Commission of the Town of Ocean Ridge held on Monday, May 1, 2000 at 6:30 PM in the Town Hall Commission Chambers.

The meeting was called to order by Mayor Aaskov and roll call was answered by the following:

Commissioner Bingham Commissioner Bridges

Commissioner Kaleel Commissioner Willens

Mayor Aaskov

After the Pledge of Allegiance, an invocation was read by Comm Kaleel.

Additions, Deletions, Modifications and Approval of Agenda

There were no modifications of the agenda

Consent Agenda

    1. Minutes of the Town Commission Meeting of April 3, 2000
    2. Minutes of Public Meeting of April 12, 2000
    3. Ocean Ridge Resolution No. 2000-09; Supporting efforts to ensure that the Statewide options considered for funding of the Everglades Restoration Project will result in an equitable source of long term revenue for the project and will not unfairly impact the residents of South Florida by placing upon them a disproportionate burden of total costs
    4. Authorize alternate member change to South Lake Worth Inlet Advisory Committee
    5. Authorize purchase of 500 gallon water tank and pump in lieu of water line previously approved for Ridge Blvd. median
    6. Comm Kaleel moved to approve the consent agenda as presented, seconded by Comm Willens.

      Motion carried – yea 5.

      Announcements and Proclamations

    7. The Administrative Offices will be closed Monday, May 29, 2000 for the Official Holiday
    8. Town Clerk Hancsak read the above announcement.

      Public Comment

    9. Request to discuss elimination of Special Master process By: Earl Jones, 14 Sailfish Lane
    10. Earl Jones advised that he was very upset with the Special Master process after attending a hearing the previous week. He stated that he feels the Town has a distinct advantage over the resident in that the staff is familiar with the Special Master and what she is like and the resident does not. He stated that the Special Master gets to act as judge, jury and executioner in the code enforcement hearings. He advised that he felt the resident or property owner has a very small chance of getting a fair deal in these hearings. He requested that the Town research the number of cases which have been won by the Town compared to the number won by the residents or property owners. He also requested that the Town research whether or not the Special Master can disallow someone to speak at their own hearing as she did at the hearing he attended.

      Comm Bridges stated that he felt the Special Master is being well used and doing a very effective job. He complimented Director Hillery for his use of the Special Master.

      Atty Spillias advised that the Special Master was created pursuant to Chapter 162 of the State Statutes and is intended to be a more proficient alternative to taking all these code enforcement violations to court. He added that the Town could either have one Special Master or a seven-member code enforcement board. Regarding the hearing that was attended by Mr. Jones, Atty Spillias advised that most of the information in the second case was stipulated and that there have been no complaints about the outcome from any of the people involved with it.

      Public Hearings

      None

      Regular Agenda

      Actions and Reports

    11. Report on Preliminary Alternatives RE: Drainage Improvements By: Shalloway, Foy, Rayman & Newell, Inc.
    12. Town Manager Dunham advised that Dan Shalloway and Lisa Tropepe were present to present some preliminary recommendations regarding the drainage service.

      Dan Shalloway advised that they had started their study in the South end of Town and found it to be a mess of pipes some of which are located under buildings or rights-of-way. He stated that they would be presenting three alternatives for the drainage plan at this meeting.

      Lisa Tropepe advised that the Army Corps of Engineers had previously located the drainage lines and did the surveying. Shalloway et al. used that information to decipher how the system works. She explained that there is one huge system from Douglas to north of Adams. She stated that the system runs 2700 linear feet and flows to the outfall at the Ocean Ridge Yacht Club. She stated that there are areas of the line which they are not sure are publicly accessible.

      Mr. Shalloway stated that the areas which retain water are the areas which are lower than the outfall. He explained that residents will say they want a plan which will ensure no flooding, but that is just not possible. He stated that engineers will pick a rainfall frequency (e.g. Palm Beach County has picked a three year storm event) and design the drainage plan around that standard. He explained that it would be expected to flood in parts of Ocean Ridge every year as there are some streets at an elevation of 2 ˝’. Mr. Shalloway then presented the three alternative drainage plans for the Town.

      The first alternative involved placing a flap on the outfall pipe so that there is only discharge from the pipe. He explained that there would be two park/retention areas where water would flow out from when the tide is low. He stated that this alternative would not be bad protection, but there would still be, on average, flooding every three years. He stated that additional lines would be placed down Tropical Drive, A1A, Adams and Beachway in this alternative assuming that they have the right to place lines on Tropical Drive. He added that this alternative would provide water quality improvements, as the rain would go to the retention areas first and then to the outfall.

      The second alternative would provide the level of service to handle between a ten and twenty-five year storm event and would be a better system than most communities currently have in place. He explained that it would involve all of the first alternative, but with the placement of a pump where water can be pulled before an event in order to increase storage. He stated that the pump would be placed underground near the outfall. He stated that the only disadvantage would be the maintenance and cost of the pump which would have to be electric and require a back-up generator in the event of a power failure.

      The third alternative would provide level of service to handle a fifty-year storm event. This alternative places four total pumps in the Town in vacant areas which would give a much higher level of service, but greatly increase the cost.

      Comm Bingham questioned the reliability of the pumps to which Mr. Shalloway stated that if they were properly maintained and had back-up generators, they are 99% effective.

      Comm Willens questioned the conditions of Tropical and Adams under the second alternative to which Mr. Shalloway stated that they would still flood every twelve to fifteen years.

      Comm Kaleel questioned if the Kelso property would be needed for use as a catch basin to which Mr. Shalloway stated that in order to meet the current criteria of one inch of retention, the property will be needed. He stated that a permit could still be issued for the drainage plan without the property, if the Town attempted to get the property and failed. Comm Kaleel asked if there was an alternative to this property to which Mr. Shalloway stated that he did not feel there were any other economically feasible alternatives.

      Mr. Jones stated that he was concerned that the code was not being enforced which requires residences to retain the first inch of rainfall on their property. He stated that he felt if the Town enforced this requirement, less changes would be needed. He suggested that the Town ensure that the large projects are up to code before making any changes. Mr. Shalloway stated that he felt it would not make a significant difference if these changes were made.

      Comm Bridges questioned if they had considered the possibility of a swale all along A1A and properly swaling all of the streets in Town to which Mr. Shalloway stated that it would not be a total solution, but that it would help.

      Comm Bridges questioned if it would take the permission of all the property owners on Tropical Drive to make changes to that street to which Atty Spillias stated that he would have to research the issue as generally, consent, condemnation or purchase is required for a utility change.

      Comm Kaleel stated that he felt the first and second alternatives would be the best and suggested that Mr. Shalloway bring back to the Town Commission the differences in price between the two. He added that the Town should review properties to see which are in compliance with proper swales and the one-inch retention requirement.

      Comm Kaleel moved that Shalloway, Foy, Rayman & Newell review the differences between the first and second alternative and submit their findings to the Town Commission, seconded by Comm Willens.

      Motion carried – yea 5.

      Cheryl Olanoff, 566 David Lane, questioned why there is only one outfall in the plans to which Ms. Tropepe explained that it would be possible to have an additional outfall in Briny Breezes; however, they did not have adequate capacity for the Town.

      Mr. Shalloway stated that he would try to have the requested information by the next regular Town Commission meeting, but that he would have to research the accessibility to certain areas in Town.

      Scott Kelso, 16 Sailfish Lane, stated that he did not like having his property marked on the alternatives presented as a park/retention area and asked that the engineers consider only using a portion of the property.

    13. Authorize funding not to exceed $20,000 from the contingency account for the purchase of a multi-purpose vacuum assisted pump for flood control assistance
    14. Town Manager Dunham explained that he would like to purchase a multi purpose pump as part of the emergency plan for the 2000-01 wet season. He explained that this pump, in conjunction with the two-inch pump that the Town currently owns, will be critical in preventing flooding and hastening the recovery time after flooding. He explained that the Town would be using a City of St. Petersburg competitive bid in the amount of $15,773 with the additional purchase of 40’ of six-inch suction hose and 600’ of six-inch discharge hose at a cost of $3,510.

      Comm Willens moved to authorize the purchase of a six-inch multipurpose vacuum assisted pump from Thompson Pump and Manufacturing Co. in an amount not to exceed $20,000 utilizing a City of St. Petersburg bid from the Contingency Account, seconded by Comm Bingham.

      Comm Kaleel questioned if Town Manager Dunham anticipated long-term use from the pump to which he replied that he did.

      Motion carried – yea 5.

    15. Action to fill alternate appointments to Board of Adjustment and Advisory Board (Postponed Item) By: Karen Hancsak, Town Clerk
    16. Town Clerk Hancsak advised that the two alternate positions to the Board of Adjustment have not been filled and the current alternates, Geoff Pugh and Terry Brown, had expressed interest in remaining as alternates to the Board. She added that there are also several positions open on the Utilities Infrastructure Advisory Board and that several members of the Environmental Resources Advisory Board are unhappy with members of their board not showing up for the meetings.

      Comm Kaleel moved to reappoint Geoff Pugh and Terry Brown as alternates to the Board of Adjustment, seconded by Comm Willens.

      Motion carried – yea 4 (Aaskov, Bingham, Kaleel, Willens)

      nay 1 (Bridges)

      Comm Bingham stated that she felt the Town Commission needed to rethink the purpose of the advisory boards. She added that she felt the members should have requirements regarding attendance at the meetings and also be involved in more of the research.

      Comm Willens (former Chairman of the Utilities Infrastructure Advisory Board) stated that he felt the UIAB has always been willing to do what has been asked of them.

      Mayor Aaskov questioned what the Commission would think of combining them into one board to which Comm Kaleel stated that the boards were formed with specific goals in mind and that by now they should have accomplished what they were designed for. He added that he felt they could easily be combined into one board and then disbanded. Mayor Aaskov stated that she felt the UIAB has fulfilled their goals. Town Manager Dunham stated that the Environmental Resources Advisory Board has some ongoing issues such as signage, but that they have completed most of their goals as well.

      Comm Kaleel suggested that the staff review what the boards have accomplished versus what their original goals were before any decision is made.

      Comm Bridges stated that he felt the boards had already served their purpose and he felt no reason to keep them.

      Comm Kaleel moved to combine to one board, finish current projects by the end of the budget year and have a final report prepared to present to the Town Commission and to authorize the staff to prepare the necessary administrative paperwork, seconded by Comm Willens.

      Motion carried – yea 5.

    17. Authorize hiring of Kilday & Associates, Inc. RE: Landscape design for entrance signs and Woolbright Road right-of-way
    18. Town Manager Dunham explained that the staff would be applying for Palm Beach County Thoroughfare Beautification Grant monies to assist in the funding for landscaping around the Town’s new entry signs and for landscaping in the Woolbright Road right-of-way. He advised that the application is due by June 30, 2000 and must be accompanied by a landscape plan designed by a licensed landscape architect. He stated that grant would provide a 50/50 match which would include the cost of design fees, vegetation, installation and irrigation. He advised that Kilday & Associates proposes to design the project for less than $7,200.

      Comm Kaleel moved to authorize hiring the firm of Kilday & Associates, Inc. to provide landscape design in an amount not to exceed $7,200 from the beautification account, seconded by Comm Bridges.

      Town Manager Dunham reiterated that if the grant application is accepted, the Town would get half of that fee returned. He added that the landscaping of the Woolbright Road right-of-way is as a result of complaints from residents regarding the current landscaping.

      Roll call was taken on Comm Kaleel’s motion.

      Motion carried – yea 5.

    19. Action to direct Town Clerk to schedule workshop meeting to discuss Corrine Street property By: Comm Kaleel
    20. Comm Kaleel stated that he had met with the Palm Beach County ERM regarding the mangroves and non-native vegetation. He stated that the County is purchasing mangrove areas and that he wanted to discuss the beautification of the areas and grants available. He stated that he wanted the Town Commission to have a discussion with the County regarding this property adding that the Environmental Resources Advisory Board has already voted to move forward with the project that will be presented.

      Comm Bridges stated that he thought it would be a good idea to have a meeting as he was unsure of the Town really needed another park.

      George Stamos, 27 Harbour Drive S, stated that he was concerned with the County getting involved with the Town. He stated that the mangroves have been in the Town since the beginning and he felt they don’t need improving. He added that he was also concerned with the County’s cleaning of the seaweed on the beach.

      Town Clerk Hancsak stated that she had polled the Commissioners and a tentative meeting date had been set for May 22, 2000 at 4PM.

      Comm Kaleel moved to have a workshop meeting with representatives from Palm Beach County on May 22, 2000 at 4 PM, seconded by Comm Bridges.

      Motion carried – yea 5.

    21. Action to direct Town Clerk to schedule workshop to discuss commercial uses By: Comm Willens
    22. Comm Willens stated that regarding the issue of commercialization, he was not aware of the history of the issue and would like to have a workshop to discuss it. Comm Bridges stated that he was in favor of having a workshop for this issue, but that he did not want it on the same day as Comm Kaleel’s workshop.

      Comm Bridges moved to have a workshop meeting to discuss commercial uses, seconded by Comm Bingham.

      Motion carried – yea 5.

      Resolutions

      None

      First Reading of Ordinances

      None

      Second Reading, Public Hearing and Adoption of Ordinances

    23. No. 526; Providing for an advisory referendum vote; establishing a date for the advisory referendum vote, enacting a moratorium on the enforcement of Chapter 26, Article XIV, Section 26-222(b) of the Code of Ordinances
    24. Comm Kaleel moved that Ordinance No. 526 be tabled until after the Workshop Meeting to discuss commercial issues.

      Mayor Aaskov passed the gavel to Vice Mayor Bingham.

      Atty Spillias advised that he was recommending that Mayor Aaskov not participate in the vote for Ordinance No. 526 as a Commissioner should not vote if there even appears to be any sort of conflict and that if Mayor Aaskov feels it is appropriate, she can abstain from the vote. He added that Mayor Aaskov should not participate in the workshop as the Mayor or any other steps towards the final determination of this issue.

      Comm Bridges stated that he felt the referendum vote may be a waste of time and that the workshop would be a good idea. He seconded Comm Kaleel’s motion to table Ordinance No. 526.

      Comm Kaleel advised that there may be a problem with tabling the ordinance as one of the commercial properties would have to phase out by June 30, 2000 if the moratorium included in this ordinance is not passed.

      Atty Spillias suggested that the Town Commission table the ordinance to a time certain and have a special meeting within that time to make any amendments, if necessary.

      Comm Kaleel amended his motion to table Ordinance No. 526 to the July regular meeting and have a special meeting to discuss any amendments to the ordinance, seconded by Comm Bridges.

      Motion carried – yea 5.

      Town Commission Comments

    25. Discuss maintenance of sidewalks By: Comm Bingham

Comm Bingham stated that areas of the sidewalks in Town are being broken up as a result of vehicles parking on them and suggested that funds be budgeted in the next budget year to repair them.

Comm Kaleel stated that he would like to have the residents trim back the hedges which are encroaching on the streets and sidewalks.

 

Town Clerk Hancsak suggested that the Commission amend their motion for the account for Kilday & Associates from the beautification account to the economic environment professional services account.

Comm Kaleel amended his motion to take the funds from the economic environment professional services account and Comm Bridges amended his second.

Motion carried – yea 5.

Adjournment

The meeting was adjourned at 8:40 PM.