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Regular
Town
Commission Meeting of the Town of Ocean Ridge held on
Monday, June 10, 2002
at
6:30 PM
in the Town Hall Meeting Chambers
The meeting was called to order by Mayor
Kaleel and roll call was answered by the following:
Commissioner Aaskov
Commissioner Bingham
Commissioner Schulte
Commissioner Willens
Mayor Kaleel
Pledge of Allegiance
Additions, Deletions, Modifications and
Approval of Agenda
None
Consent Agenda
1.
Minutes of Town Commission Meeting of
May 6, 2002
1a.
Revised Minutes for Item #4 of April 1, 2002 Meeting
2.
Minutes of
Special
Town
Commission Meeting of
May 15, 2002
3.
Minutes of
Special
Town
Commission Meeting of
May 20, 2002
4.
Minutes of
Special
Town
Commission Meeting of
May 29, 2002
5.
Ocean Ridge Resolution No. 2002-14; Authorize execution of Clean Water
State Revolving Fund Loan Agreement between the State of
Florida Dept.
of Environmental Protection and the Town for the purpose of financing of
pre-construction activities for stormwater pollution control facilities
6.
Ocean Ridge Resolution No. 2002-15; Supporting an amendment to the State
Constitution to repeal the provision that requires the development and operation
of a Statewide high speed rail system
Comm Aaskov moved to approve the consent
agenda as submitted, seconded by Comm Bingham.
Motion carried – yea 5.
Announcements and Proclamations
7.
Proclamation that
June 14, 2002
be designated as National Small Cities Day
Mayor Kaleel read the above proclamation.
Public Comment
Earl Jones,
14 Sailfish Lane
, explained that he wrote a letter to the Commissioners after the last meeting
in which he felt the Town Commission approved a plan for planting of the dune
which is in conflict with Town Code 26-109. He stated that he felt the
Commissioners should have the agendas a week before the meetings so that they
have sufficient time to review the codes on issues such as this.
Mr. Jones continued stating that he had
observed a beach cleaning service working in Town. He stated that this was the
same company which spoke in front of the Town Commission a few months before. He
stated that he observed him burying the trash rather than cleaning it up and
even displayed a few pieces of trash that he picked up from the area of beach
that had been completed. He added that the areas of beach which are being
cleaned are receding faster than other areas. Comm Bingham questioned if the
service stayed clear of the turtle nests to which Mr. Jones replied that he was
within 3’ to 5’ of the nests. Comm Aaskov questioned how far he went into
the vegetation to clean to which Mr. Jones replied that he did not clean in the
vegetation at all.
Comm
Willens requested to add a presentation from the Council of Environmental
Preservation as Item #18. He stated that they were not present at the beginning
of the meeting or he would have requested the addition to the agenda at the
appropriate time. The Town Commission concurred to add the item.
Public Hearings
8.
Application submitted by Turtle Beach Condominium, 5101 N Ocean
Blvd., Ocean Ridge, FL 33435, requesting a modification of the Master Site Plan
from the provisions of the Land Development Code, Article IX; Site Plan review
Procedures, Section 26-135(a)(4) Site Plan approval of minor or major
development application or modification and Section 26-135(b)(2) Major
development review for what was originally known as Ocean Mayne, Sandcastles,
Coventry Place and now a separate parcel of land currently owned by Republic
Bank from the Turtle Beach Condominium Site Plan. The property originally
approved for 27 units was approved in 197 and site plan applications submitted
in 1981. The property is located at
5101 N Ocean Blvd.
or generally described as portions of Lots 14 and 15, Block A of Palm Beach
Shore Acres Subdivision (exact legal description located at Town Hall)
Mayor Kaleel read the above application by
title.
All witnesses who intended to testify in this
matter were sworn in by Atty Spillias.
Rod Tennyson, attorney, advised that he has
represented Turtle Beach through at least four different developers for this
Phase which was part of the original site plan, but is currently vacant. He
advised that Wachovia Bank foreclosed on this parcel and sued
Turtle
Beach
on ingress/egress rights, use of common elements, and sewage use. He stated
that Wachovia Bank was given ingress/egress rights and use of the sewage
facilities, but not rights to use the common elements such as the recreational
facilities. He stated that they are requesting that the Town approve that Phase
IV no longer be part of the condominium to conform with the court ruling. He
added that they are not trying to adjudicate what can be built on the parcel. He
concluded that the Planning and Zoning Commission had already approved this
petition.
Comm Bingham questioned if the site plan was
consistent with what was approved in 1983 to which Mr. Tennyson advised that it
was not as Phase IV was never built. Mayor Kaleel advised that there were a
number of items which were non-conforming such as the lighting.
David Layman, representing Wachovia Bank,
stated that he objected to the application as he felt the owner of the parcel
would have to be the party bringing forth any site plan amendments. He stated
that they want to preserve the developability of the property adding that he
received a letter from the Town in 2000 advising that the site plan was still
valid. He stated that the Planning and Zoning Commission wanted the site plan to
show the four phases which have been built with a vacant parcel showing as
potential development. He stated that he agreed with the motion presented by the
Planning and Zoning Commission. Town Clerk Hancsak read the motion of the
Planning and Zoning Commission.
Atty Spillias advised that the recommendation
of the Planning and Zoning Commission was to modify the site plan to separate
this parcel from
Turtle
Beach
, but not to delete it. He stated that there will be two site plans, one that
shows
Turtle
Beach
as it is built and one with a separate site plan for Phase IV. Atty Spillias
suggested modifying the site plan to reflect the current situation which would
no longer be treated as a unified development. He suggested that the Town
Commission present the same motion as the Planning and Zoning Commission with
the addition that
Turtle
Beach
must comply with all other site plan requirements e.g. lighting.
Comm Schulte stated that he thought the Town
Commission could not approve the request since the owner of the parcel did not
bring forth the application to which Atty Spillias advised that the issue of
vested rights is included in the motion to protect Wachovia. Mr. Layman agreed
stating that the Town has assured him that a plan for five units can be approved
since five units were included in the original site plan. Mr. Tennyson stated
that he did not know what anyone may bring in for plans in the future and that
was not the issue being brought before the Town Commission at this meeting.
Mayor Kaleel stated that the motion would preserve Wachovia’s rights. Mr.
Layman advised that he had a letter from Atty Spillias which stated that five
units could be built on the parcel to which Atty Spillias replied that it is his
opinion that it can be five units and any problems with this opinion could be
decided by a court at a later time. Atty Spillias advised that this approval
would create a split of the two parcels which would have two separate site
plans, but not change any rights.
Mayor Kaleel questioned what would happen if
the Town turns down the application to which Atty Spillias explained that the
Town could be sued if action is taken which prevents construction of the
property.
Mr. Jones stated that the recent parcel had
been previously discussed as a retention area and questioned what is underneath
the parcel to which Pat Colbert, representative from
Turtle
Beach
, stated that there is a line running underneath it, but the leaching field is
behind it on the common property.
Rich Lucibella, 5 Beachway N, questioned why
the two owners are not allowed to settle this dispute on their own. He commended
the Planning and Zoning Commission and Town Attorney for knowing that an
application can be negotiated and not just approved.
Interim
Town
Manager Hancsak advised that all fees had been paid and there was no additional
correspondence.
Atty Spillias asked the Town Commission if
they had spoken to any representatives from
Turtle
Beach
or Wachovia Bank to which they all advised that they had not.
Atty Spillias suggested that the Town
Commission make a motion to approve the application as submitted provided that
all provisions of the District Court of Appeals’ opinions and conditions
therein stand and by virtue of granting the site plan modification neither the
association’s rights nor Wachovia Bank or its successors’ rights with
regards to allowable and non-allowable development rights will be divested by
virtue of this approval and that Turtle Beach comply with all other site plan
requirements.
Comm Willens moved the above motion suggested
by Atty Spillias, seconded by Comm Aaskov.
Comm Schulte stated that he was concerned
over approval of this application in that both sides are not joined in the
application. Mayor Kaleel advised that they would only be approving what the
court has already ordered. Mr. Layman advised that they are not part of the
condo by State statute and they do not dispute that.
Roll call was taken on Comm Willens’
motion.
Motion carried - yea 5.
Regular Agenda
Actions and reports
9.
Request for Unity of Title to join
Lot
4, Block 6, Amended Plat of Part of Boynton’s Subdivision and
Lot
4A, Charles D Owens Subdivision with
Lot
3, Block 6 of Amended Plat of Part of Boynton’s Subdivision for the purpose
of building a proposed principle residence on
Lot
4A By: Thomas Carney, attorney representing owner, Elizabeth Susskind
Mayor Kaleel read the above application by
title.
Thomas and Peter Carney were present as
attorneys for the property owner and John Ballistrari, architect, was also
present.
Thomas Carney stated that the unity of title
has been requested by the Town. He stated that his client had met with Interim
Town Manager Hancsak three years before purchasing Lots 4 and 4A. Mr.
Ballistrari stated that he always believed it was one property and designed the
house on that assumption. Ms. Susskind stated that she was never aware that the
properties were not joined by unity of title as the three parcels are included
on the same deed. Interim Town Manager Hancsak stated that the Town was never
aware of a third parcel, only the ones on the east and west side of
Old Ocean Blvd.
which were always in one ownership. Thomas Carney advised that all three
parcels were bought at the same time.
Atty Spillias explained that lots in Charles
D Owens subdivision also included property on the east side of
Old Ocean Blvd
that was divided into six 50’ parcels.
Lot
3 east was then sold to the owners of 4 and 4A and they want to add it to their
property for FAR purposes. He stated that the two east lots square off with the
west lot.
Mr. Jones questioned if this construction
would be east of the CCCL and if the FFE would be 15.6’ similar to that of the
Pugliese lot on Hersey to which he was told it was. Mr. Jones informed the Town
Commission that the Pugliese lot is up for sale.
Comm Aaskov moved to approve the unity of
title contingent upon the third lot not being used in the FAR calculations.
There was no second to her motion.
Comm Schulte stated that he did not believe
the lots were contiguous as there is a street between them. Atty Spillias
advised that according to the Town Code, a lot is still contiguous if there is a
public street dividing it adding that the permit would still have to meet all
other zoning and health department regulations. He stated that the Town
Commission has directed that this part of the code be changed with the code
revisions, but the change has not yet been made.
Atty Spillias advised that a unity of title
would be required even if it is only lots 4 and 4A so that 4 could not be sold
off after the house has been built. Thomas Carney advised that until the code is
modified, their request is still allowable.
Comm Willens moved to defer the item to the
July 1st agenda.
Comm Schulte stated that he felt this item
should go to the Planning and Zoning Commission for their opinion first.
Comm Willens amended his motion to defer this
item until after advice has been given by the Planning and Zoning Commission,
seconded by Comm Schulte.
Atty Spillias advised that the Planning and
Zoning Commission meeting would not have to be legally advertised as the Town
Commission is only asking for their advice. Comm Schulte stated that he did not
feel the Town Commission should be hearing this request as he felt it is a
variance request for the FAR.
Comm Aaskov advised that the application is
only a request for unity of title. Mayor Kaleel stated that the Town Commission
is making a jump from the request to unify the titles to judging what may be
done with the development. Thomas Carney stated that the FAR they are proposing
may still be under the maximum FAR allowed using only lots 4 and 4A in the
calculations. He stated that the addition of
Lot
3 would allow for more open space.
Roll call was taken on Comm Willens’
motion.
Motion carried - yea 5.
10.
Discuss recommendations for
Corrine Street
crossover By: Comm Aaskov
Comm Aaskov advised that she met with Robert
Barron and stated that she now has mixed emotions over the canopy of sea grapes
and the recommendation by Mr. Barron. Mr. Barron advised that he built the
Corrine St.
crossover. He stated that seagrapes are not a strong part of the dune and if
blown over in a storm will cause significant damage. He suggested that they be
maintained at knee to hip height. He added that the seagrapes from this
crossover are killing a Black Bean tree and that is another reason to cut back
the seagrapes. Mayor Kaleel stated that the Town needed a consistent, reasonable
approach.
Digby Bridges,
36 Sabal Island Drive
, stated that he agreed with Mr. Barron regarding the windowing of seagrapes. He
stated that seagrapes absorb energy in a storm and it is best to let them grow.
He stated that once they have grown over 6’ and are cut back down to 3’,
they will die. He added that the seagrapes catch sand in a storm which will fall
back onto the dune. Comm Aaskov stated that the seagrapes at the end of
Anna St.
are still alive and they have always been at a short height to which Mr.
Bridges stated that the seagrapes will flourish if continually trimmed to a
height of 3’, but not if they are allowed to grow over 6’ and trimmed down
to half their size.
Mr. Jones stated that the owner of the house
next to the crossover wanted the seagrapes there before he built his house.
Comm Bingham moved to defer this item until
after the Town Commission has a discussion on a total dune plan, seconded by
Comm Aaskov.
Motion carried - yea 5.
11.
Discuss illegal fence and vegetation
in right-of-way north of
12 Ocean Ave.
By: Bruce Gimmy,
12 Ocean Ave.
Bruce Gimmy stated that he wanted some action
on this issue.
Interim
Town
Manager Hancsak stated that previous Town Manager Greg Dunham had made
arrangements for Mr. Gimmy to get access to fix the wall behind his house
through a neighbor’s property. Mr. Gimmy stated that he was led to believe
that this problem would be taken care of.
Comm Bingham stated that she felt the Town
should clear the right-of-way. Mayor Kaleel stated that there are differing
opinions on this issue. Comm Willens stated that he felt the Town Commission
should deal with this on a case by case basis adding that Mr. Gimmy is only one
house in from the end of the right-of-way. Mr. Gimmy reiterated that the fence
in the right-of-way is illegal.
Interim
Town
Manager Hancsak reminded the Town Commission that all the residents of the
south side of
Coconut Lane
had come before the Town Commission to request the abandonment of the
right-of-way and only one resident from
Ocean Ave.
is requesting that it be cleared.
Atty Spillias stated that the issue of the
fence was clear in that it is illegal and the Town has the right, but not the
obligation, to ask that the fence be removed. He added that the Town does not
have the obligation to clear any right-of-way, but once it is improved, the Town
must do it in a way that does not harm others.
Comm Willens moved that the fence be removed,
seconded by Comm Schulte.
George Bierlin,
26 Hudson Ave.
, stated that he would like fences on
Edith St.
to be included in the motion.
Mr. Lucibella stated that Mr. Gimmy is only
asking that the Town clear a right-of-way. He added that the Planning and Zoning
Commission recommended that the Town keep and maintain all its right-of-ways. He
stated that he felt the Town had an obligation to maintain all its own property.
Mr. Gimmy stated that there is also a tree in
the right-of-way which he would like removed so that trucks can access the
utility pole. He stated that he felt the right-of-ways were created to allow
access for utilities and garages.
Mayor Kaleel questioned if the Town would be
obligated to clear all the way to the Intracoastal to which Mr. Gimmy stated
that he only wants it cleared to his house.
Atty Spillias stated that the Town Commission
needs to make a decision at some point on what they want to do with the
right-of-ways. He stated that they are under no obligation to make any of them
traversable. He strongly suggested that the Town Commission decide which
right-of-ways they want for access and maintain those and enter into agreements
with property owners to either maintain or abandon the remaining ones.
Comm Willens asked if the increase in the
budget and subsequent increase in property taxes that would accompany clearing
and maintaining the right-of-ways was considered.
Mr. Jones reiterated that the Town Commission
needs to make a decision on this issue.
Roll call was taken on Comm Willens’
motion.
Interim
Town
Manager Hancsak clarified that the motion only included the fence to which the
Town Commission agreed.
Motion carried - yea 5.
12.
Discuss Re-roof proposals and
authorize approval of proposal By: Karen Hancsak, Interim Town Manager
Interim Town Manager Hancsak summarized her
memorandum by stating that the four proposals received were as follows: Reliable
Roofing $29,725.00, Gulfstream Roofing $34,163.00, Rooftec Corp. $36,600.00, and
AAM Industries $48,900.00. She
stated that replacement of any decayed wood would be an additional expense and
the work could be completed within three to four weeks. She
added that based on the information provided and speaking with other
municipalities the staff recommends that proposal be awarded to Gulfstream
Roofing in the amount of $34,163.00 with $25,000.00 from budgeted funds and the
remainder including an additional $2,000.00 for decayed wood replacement taken
from the Contingency Account.
The
Commission asked if it was necessary to complete this work now to which Interim
Town Manager Hancsak advised that there is a very bad leak in the area above the
dispatch center and when it rains the computers get soaked and have to be
covered with plastic bags. Director Hillery added that tiles are also falling
off the side of the building.
Comm Aaskov moved to authorize the proposal
submitted by Gulfstream Roofing with additional funds over the $25,000 budgeted
to be taken from the contingency account, seconded by Comm Schulte.
Motion carried - yea 5.
13.
Discuss election candidate procedure
By: Karen Hancsak, Interim Town Manager
Interim
Town
Manager Hancsak advised that she had given the information from
Belle Glade
and Greenacres to the Town Commission regarding election procedure. She stated
that if the Town Commission is seriously considering changing this, it would
need to go on a ballot as a referendum. Comm Willens stated that he was in favor
of the current system and felt no reason to change it. There was no further
action taken on this issue.
14.
Discuss the re-establishment of the
Environmental Resource Advisory Board By: Mayor Kaleel
Mayor Kaleel stated that he felt the board
needed to be re-established to discuss issues such as vegetation that was
discussed earlier at this meeting.
Interim
Town
Manager Hancsak suggested that each of the Commissioners bring the names of two
people for the board to the next meeting. She added that one of the previous
problems with the board was that they were discussing the same issues as the
Planning and Zoning Commission and their opinions were conflicting. Atty
Spillias advised that there should be an ordinance defining the responsibilities
of the Environmental Resource Advisory Board as opposed to those of the Planning
and Zoning Commission.
Interim
Town
Manager Hancsak advised that she would send out information of the findings of
the previous Environmental Resource Advisory Board to all the Commissioners.
Comm Bingham moved that each Commissioner
submit the names of two candidates for the Environmental Resource Advisory Board
at the July 1st meeting, seconded by Comm Willens.
Motion carried - yea 5.
15.
Appointment of Town Manager
Mayor Kaleel suggested that the Town
Commission have a Special Meeting on
Friday, June 14, 2002
to resolve the hiring of the Town Manager. The Town Commission concurred to
have a Special Meeting on
June 14, 2002
at
8AM
.
16.
Discuss and authorize funding for
Palm Beach County Juvenile Assessment Center By: Edward Hillery, Director of
Public Safety
Director Hillery advised that the Palm Beach
County Juvenile Assessment center is where juveniles are taken after being
arrested. He stated that previously the larger municipalities took the
responsibility to fund this. He stated that in future years, he will have this
as a budgeted item and each community is being assessed based on population.
Comm Aaskov moved to approve $4755 from the
contingency account for the
Palm Beach
County
Juvenile
Assessment
Center
, seconded by Comm Schulte.
Motion carried - yea 5.
Resolutions
None
First
Reading
of Ordinances
17.
Ordinance No. 538; Amending the Code
of Ordinances at Chapter 62, Waterways, at Article I, Section 62-1 adding the
definition of the term Vehicle, and at Article II, Beaches, Section 62-27,
declaring the stopping, standing, parking or operation of any motor vehicle or
vehicle upon the ocean beaches or the banks and dunes adjacent thereto within
the limits of the Town as a nuisance per se, adding the
term Vehicle to the list of prohibitions, and Section 62-27 adding the
term Motor Vehicle
Mayor Kaleel read Ordinance No. 538 by title
only.
Comm Willens moved to approve Ordinance No.
538 on first reading.
Atty Spillias explained that previously the
definition of motor vehicles only addressed a vehicle that has wheels ad has now
been expanded. He stated that governmental vehicles and those authorized by a
government agency are exempted.
Mr.
Bierlin questioned if parasails would be included in this ordinance to which
Atty Spillias advised that motorized parasails or any mechanized equipment which
transports people will be covered.
Mr. Jones
stated that he did not want to see the people using the parasails stopped as he
enjoys watching them. Mayor Kaleel advised that he does not enjoy the prolonged
noise that comes from those parasailing on the beach and he has received
complaints to this effect.
Comm
Schulte seconded Comm Willens’ motion.
Motion
carried - yea 5.
Second
Reading
, Public Hearing and Adoption of Ordinances
None
Town
Commission Comments
18.
Presentation by the Council for
Environmental Preservation
Comm Willens advised that he had met with Pam
Crawford, the president of the Council for Environmental Preservation, and
requested that she speak at the Town Commission meeting.
Ms. Crawford advised that she currently does
plant research to monitor for invasive species. She stated that she felt there
is a problem with the Palm Beach County Ordinance regarding invasives in that it
does not do a good job of helping to finance their removal from private
property. She gave a presentation on the County’s ordinance covering costs and
a possible state plan for invasive removal.
Mayor Kaleel thanked Ms. Crawford for her
presentation. No action was taken.
Adjournment
The meeting was adjourned at
9:15 PM
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