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Regular Meeting of the Town
Commission of the Town of Ocean Ridge held on
Monday, April 1, 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
Mayor Kaleel
It was noted for the record that Comm Willens
was absent with notice.
Pledge of Allegiance
Additions, Deletions, Modifications and
Approval of Agenda
None
Consent Agenda
1.
Minutes of the Town Commission Meeting of
March 4, 2002
2.
Minutes of
Special
Town
Commission Meeting of
March 7, 2002
2a.
Minutes of
Special
Town
Commission Meeting of
March 27, 2002
3.
Ocean Ridge Resolution No. 2002-09; Supporting Increased Funding for
Regional Planning Councils
Town Clerk Hancsak advised that there should
be a change to the
March 7, 2002
meeting minutes on page 3, first paragraph, it should read “did feel” as
opposed to “did not feel.”
Comm Aaskov moved to accept the consent
agenda as amended, seconded by Comm Bingham.
Motion carried - yea 4.
Public Comment
Rich Lucibella, 5 Beachway N, stated that he
had some comments about the Special Town Commission Meeting of March 7, 2002 and
questioned if the letter from Atty Spillias to Cheryl Olanoff’s attorney would
be discussed at this meeting to which Atty Spillias advised that both issues
could be discussed with item #4.
Public
Hearing
4.
Resolution No. 2002-08; Evidencing its intent to vacate and abandon its
interest in any and all public right of way lying between Lot 14 and Lot 16 of
the unrecorded plat of Ocean Shore Estates as recorded in official record book
44, page 612, public records of Palm Beach County, Florida
Mayor Kaleel read Resolution No. 2002-08 by
title only.
Comm Schulte declared that he had a conflict
with this issue and moved down from the dais. Town Clerk Hancsak advised that
she would prepare a voter’s conflict form for his signature.
Atty Spillias advised that the purpose of the
resolution was the last step for a settlement in which the Town had agreed to
abandon a 10’ portion of a Town right-of-way adjacent to Mr. Katz’ property
and the public easement, if it exists, on David Lane on the land privately owned
by Olanoff. He added that he had received a letter from Katz/Olanoff’s
attorney that he would no longer be representing them. He stated that Mr. Katz
has not retained new representation as of yet, but Mrs. Olanoff has. Mrs.
Olanoff’s new attorney has taken the position that since the deadline for
final approval of the agreement had passed, the agreement was null and void.
Atty Spillias disagreed with this and sent documents to support the Town’s
position that it is an enforceable agreement, but it would go to trial on April
8th as previously planned. He explained that the Town could file a
motion to enforce which would necessitate more litigation and suggested that the
Town let the court decide and file a suit against Olanoff in the future for
breach of contract, if the Town desires.
Atty Spillias suggested that the resolution
be tabled in case the agreement is found to be enforceable. He added that if the
resolution is tabled, the public discussion must be limited to the tabling of
the resolution and not the merits of the resolution.
Atty Spillias concluded that although he does
believe the agreement to be enforceable, he suggests that the Town go ahead with
the court hearing on April 8th. Mayor Kaleel agreed adding that the
Town would need to reserve their rights.
Comm Aaskov moved to table Resolution No.
2002-08, seconded by Comm Bingham.
Mr. Lucibella stated that he has an interest
when the Town is discussing the development of property, which abuts his own. He
stated that it is good that there are citizens at the meetings who have an
interest. Mr. Lucibella questioned who authorized Atty Spillias to write the
letter to Atty Marod to which Mayor Kaleel stated that no authorization is
necessary for this type of response from the Town Attorney. Atty Spillias stated
that he wrote the letter in the context of being in charge of the litigation.
Mr. Lucibella questioned if Mayor Kaleel was aware of this response before Atty
Spillias sent it to which Atty Spillias responded that he believed he discussed
it with the Mayor and gave him a copy of it after it was sent. Mr. Lucibella
questioned if the Town Commission was consulted about the settlement agreement
before its execution to which Atty Spillias advised that Mayor Kaleel was not
consulted as the agreement included that it was not binding until approval by
the Town Commission.
Mr. Lucibella then questioned if the Town
could grant a variance directly to a resident to which Atty Spillias advised
that the Town Commission grants variances to the CCCL and the building codes.
Mr. Lucibella questioned who grants variances to the Land Development Code to
which Atty Spillias advised that it was the Board of Adjustment. Mr. Lucibella
questioned if the decision of the Board of Adjustment is final to which Atty
Spillias advised that appeals would be made to the Circuit Court. Mr. Lucibella
stated that he felt the code was very clear in the criteria that must be met in
order for the Board of Adjustment to grant a variance and that any appeal to
that variance would have to be made by the applicant to the Circuit Court. Mr.
Lucibella read the definition of a variance from the code book. Mr. Lucibella
commented that the meeting in which this decision was made was at a special town
commission meeting at
8 AM
, a time when most residents were at work. Mr. Lucibella questioned if Mrs.
Olanoff giving up part of her easement would need a variance as her setback
would decrease to which Atty Spillias advised that he did not believe she would
need a variance as he interpreted that it would not decrease her setbacks as no
new area will be paved. Mr. Lucibella commented that he felt it was “amazing
to him the interpretations that reasonable men can come to.”
Mr. Lucibella questioned why the new road
right-of-way would be gravel to which Atty Spillias disagreed that it would. Mr.
Lucibella attempted to find a quote from the transcript that he had made from
the March 7th meeting and Mayor Kaleel asked if the Town could be
given a copy of the transcript to which he would be referring. Mr. Lucibella
offered his copy for the Mayor to look at, but stated that he did not have a
copy for the Town. Mr. Lucibella read from the transcript summarizing Atty
Spillias as saying that area beyond the paved road would not count against the
Kelso’s buildable area to which Atty Spillias advised that does not indicate
that the road would be gravel or unpaved, only that area beyond the paved
roadway possibly deeded over as a drainage easement would still be counted as
buildable area. Mayor Kaleel stated that if accusations are going to be made
from something said at the March 7th meeting, a copy should be
provided for the Town to which Mr. Lucibella stated that he would make a copy.
Mr. Lucibella stated that in a March 5th memo, Atty Spillias stated
that area beyond the paved road would not count against the buildable area and
would not reduce the calcuable area for development purposes to which Atty
Spillias again reiterated that this did not state that the road would be gravel
or unpaved and in fact, indicated that the road would be paved. Mr. Lucibella
questioned if Atty Spillias expected that the roadway would be paved and Atty
Spillias replied that he had always expected it to be paved. Atty Spillias
stated that what he included in the agreement was to ensure that any paved
roadway would count against the buildable area and only the unpaved portion of
right-of-way would not count against the buildable area. Atty Spillias
reiterated that he did not feel this was a variance. Mr. Lucibella questioned
when this area of right-of-way would become a road to which Atty Spillias stated
that it would be when it was built. Mayor Kaleel questioned where any of this
discussion had relevance to the motion of tabling the resolution.
Mr. Lucibella wanted to know why his Town
Commission was taking up the issue of a variance and again questioned why at the
meeting of March 7th Mayor Kaleel wanted to limit the amount of
public comment to ten minutes. Mayor Kaleel responded saying that although he
had at first requested that the public comment be limited, it was not and
everyone was able to speak at that meeting for a long period of time. Mr.
Lucibella stated that the Mayor’s attempt to limit set the tone for the
meeting. Mr. Lucibella stated that his representative at the previous meeting
deserved the same respect that Mr. Lucibella has shown to the Mayor and that the
Mayor has shown to him, but that a certain tone was set when the Mayor requested
to put a limit on the comments. Mr. Lucibella stated that he felt his comments
were very brief. He stated that he would have fewer comments to make at this
meeting if the actions of the Town Commission and staff were less egregious over
the course of the past months. Mr. Lucibella reiterated that he felt the Town
Commission was granting a variance to Chapter 24 illegally on the morning of
March 7th when his neighbors were working. He stated that he knows it
is an accusation and “his statement of fact” and that he thinks any
reasonable man who reads the codes and the definition of variance would know
that a variance was approved. Mayor Kaleel questioned if Mr. Lucibella would
like a response to his question on the issue of a variance to which Mr.
Lucibella stated that he did not think the attorney would answer it during
public comment, but that he would listen to his answer. Atty Spillias again
stated that he disagreed with Mr. Lucibella’s assertion that a variance was
granted.
Mr.
Lucibella stated that the reformatted agreement was never signed by Mrs. Olanoff
and questioned why the Town was reserving their rights to enforce the agreement
if it was not signed to which Mayor Kaleel stated that the Town Commission and
Town Atty are expected to protect the Town’s rights.
Mr.
Lucibella stated that what had started out as a Code Enforcement matter has now
escalated into costing the Town more than $60,000 in legal fees by the Town
Commission inserting themselves in a land dispute where they do not belong,
trying to play Solomon, twisting the public ordinances, allowing trespassing on
private properties, limiting public statements and telling residents that they
are not parties of interest and do not need to speak at meetings (Mr. Lucibella
citing that the last comment was a quote from Mayor Kaleel at the previous
meeting). Mayor Kaleel advised that there needs to be some procedure and decorum
at meetings or there is chaos and should be taken in the context of what was
going on at the time. Mr. Lucibella stated that what was going at the time was
the opening statement by Mayor Kaleel citing how he was going to run the
meeting. Mr. Lucibella stated that the Mayor had told his (Mr. Lucibella’s)
representative that he would give him latitude in the amount of time to speak,
but that he did not have to be given time to speak at all. Mr. Lucibella again
went to quote from the transcript of the meeting to which Mayor Kaleel stopped
him saying that if they are going to read from certain parts of the meeting,
they would need to look at the whole meeting. Mayor Kaleel stated that they
should talk about the issues and not make out of context statements. Mayor
Kaleel reminded Mr. Lucibella that after the March 7th meeting, he
told him (Mayor Kaleel) that the meeting was handled fairly and appropriately to
which Mr. Lucibella stated that he is always a gentlemen. Mayor Kaleel asked him
if he was now stating otherwise and lying to him at the time to which Mr.
Lucibella stated that he felt insulted when he was told at the previous meeting
that his time to speak would be limited. He concluded stating emphatically that
he felt that the Town Commission was doing things beyond their scope and that he
wanted the egregious abuse of authority to stop. Mr. Lucibella stated that the
code has a very clear separation of powers and that the Board of Adjustment is
judicial and the Town Commission has no say over what they decide. Mayor Kaleel
pointed out that the Board of Adjustment is quasi-judicial to which Mr.
Lucibella stated that there may be a difference in the two according to the law,
but not in terms of the lay people of the Town to which Mayor Kaleel stated that
if Mr. Lucibella is going to protest the law, he should also understand it at
the same time. Mr. Lucibella then stated that they all understand quasi-judicial
as it refers to when attorneys are talking to other attorneys, but that they
were not in a courtroom at this time. Mr. Lucibella stated that the Mayor
insults him and his neighbors when he says that they are not parties at interest
and do not need to speak at a meeting. He said that they (Mayor Kaleel and Atty
Spillias) are legally correct in using a pseudo legal term to try to get people
to think that the Mayor knows something technical that they don’t know and
they can trust him with it. Mr. Lucibella stated that he thinks it is intended
to show that he (Mr. Lucibella) is a troublemaker, an interloper, in terms of
the Mayor’s ability to conduct his business. He again reiterated that he is a
party of great interest on a property that abuts his in his Town. He stated that
Mr. Rose who has property that abuts the property in question and who has been
sued is also a party of interest along with Bernde and Christine Schulte, Kate
and Joe Park and JoAnne Englehardt. He concluded by stating that the actions of
the Town Commission which he has been calling into question have got to stop.
Atty
Spillias advised that at a mediation a year ago which involved Mr. Lucibella,
Mr. Schulte and Mr. Rose, the Town put forth a significant effort to bring this
issue to a resolution and even offered to put a significant amount of money into
purchasing the property in a manner that would have resolved issues for
everyone, but they were not able to come to a final resolution. He added that
the Town has not sued anyone except Mr. Katz to vacate the 10’ of Town owned
property. He stated that there is not a direct lawsuit against Mrs. Olanoff, but
only a request of the court to clarify the Town’s interest in her 10’
easement. The Town was put in this position due to a demand made upon the Town
to make its right-of-way available to a property owner. He stated that although
it sounds like the Town has spent a lot of money, under these circumstances the
Town has been made to defend itself. He explained that this settlement agreement
was intended to settle these differences between neighbors and now a Judge will
be made to decide the outcome.
Bill Finley, 3 Beachway N, questioned if he
could get a copy of the reformatted agreement to which Atty Spillias advised
that it would be made public with copies provided to the Town Commission as
well. He stated that it has not been distributed to any of the parties as he
finished it after he received the letter from Mrs. Olanoff’s attorney advising
that she would not sign the agreement.
Scott Kelso,
16 Sailfish Lane
, stated that he felt the residents in Ocean Ridge should know that after 2 ½
years, a settlement was finally agreed upon which would stop everyone from any
more litigation in this matter. He stated that Mrs. Olanoff withdrew from this
agreement which would have given her a piece a property and $50,000 and has now
told him that this would not be enough to compensate her for the hardship she
will face if someone builds on the Kelso property. He stated that Mrs. Olanoff
had even toasted the agreement in her home with himself, his wife, and Mr. Katz.
Mr. Kelso stated that this agreement was not written hastily, but written
over an extensive period of time under the careful eyes of all the attorneys
involved with Atty Spillias engaged in every step committed to making it work.
He stated that the people of the Town should appreciate Atty Spillias’
efforts. He stated that the agreement was discussed in detail at the previous
meeting. He stated that the Town residents should know who is really behind all
this deceit and Mrs. Olanoff’s defection. He stated that these people who are
not involved in the right-of-way of
David Lane
are arrogantly continuing this litigation at the cost of the taxpayers. He
stated that over $70,000 of the taxpayers money had already been expended on
this lawsuit and more will be spent supporting their arrogant goals. He stated
that they are trying to limit a piece of property which has always been zoned
RSF. He stated that the first suit filed against himself and his wife was filed
by Mr. Lucibella and was followed closely by an identical suit brought by Mrs.
Olanoff. He stated that a substantial amount of Mrs. Olanoff’s attorneys fees
were at some time paid by Mr. Lucibella and Mr. Schulte who was not a Town
Commissioner at the time. He stated that once it was decided that access would
be given across Beachway N, Mr. Lucibella and Mr. Schulte betrayed Mrs. Olanoff
telling her that access would be across
David Lane
instead. He stated that the members of Beachway N have kept the litigation
continuing when others have tried to reach a solution.
He explained that he felt the lawsuits from the Beachway N residents are
designed not to reach a solution at all, but to prevent development of a piece
of property zoned RSF which many residents have enjoyed as a park of sorts for
many years. He stated that he and his wife were concerned when someone went to
build near where they are currently living since it would block their view of
the Ocean. He stated that they accepted the fact that someone has a right to
build on their own property and now considers the new residents as good friends.
He added that both Mr. Lucibella and Mr. Schulte have each attempted to buy his
property and do not accept the rights of owners to build on their property.
Mr. Kelso concluded that the Town should
clear the access over the right-of-way of
David Lane
, which the Town has paid to pave in 1991. He stated that he feels his family
has been harassed enough because of this issue and pleaded with the Town to
assist in its resolution.
Mr. Lucibella
stated that he would like to respond to accusations made by Mr. Kelso and
clarify some issues. Mayor Kaleel questioned what effect this would have on the
issue and asked Mr. Lucibella to be brief when he responds. Mayor Kaleel asked
if there were any other residents who wanted to speak first.
Deborah Trotsky, renter at
566 David Lane
, stated that she has never spoken out about this issue as of yet, but that she
felt it was time. She stated that she felt this could have been prevented a long
time ago, as she believes the Kelso’s bought the property knowing that there
is no access and got all the problems the went along with this property. She
stated that Mrs. Olanoff is single, a teacher and doesn’t have a lot of money.
She stated that Mrs. Olanoff’s house floods when there are heavy rains and any
additional development on the Kelso’s lot will further add to this problem.
She stated that they have to worry every time it rains about the damage that
will be done. She stated that the money offered to Mrs. Olanoff in the
settlement would not even come close to begin to cover her legal fees so far and
what she would have to continue to pay. She stated that Mrs. Olanoff tried hard
to be cooperative. She stated that she and other friends told Mrs. Olanoff that
this agreement would be financial suicide which is something that the people at
this meeting who have lots of money can not understand. She stated that Mrs.
Olanoff can not find the money to pay for the current lawsuits in which she is
involved or the future lawsuits that have been threatened against her if she
signs the agreement. She concluded that the agreement had expired before Mrs.
Olanoff signed it. She stated that the expiration was written in by other
lawyers, not hers, but that it gave her (Mrs. Olanoff) an out of the agreement.
She stated that Mrs. Olanoff was not able to speak at this meeting at the advice
of her lawyers, but that she (Ms. Trotsky) felt she needed to speak on Mrs.
Olanoff’s behalf.
Atty Spillias stated that a letter was sent
to Mrs. Olanoff’s new attorney advising that barring a change in decision on
the part of Mrs. Olanoff that he would be advising the Town of all their options
in this matter for their client’s breach of the agreement.
Bob Klemann,
3 Osprey Court
, stated that he felt the Town was justified in trying to help a resident with
an access problem which everyone knew existed.
He commented that he felt betrayed when the NWF sold the property without
notice or competitive bids. He stated that he did not believe the Town
Commission and Town Attorney should be acting as judge and jury on a contract
dispute between individuals.
Stormet Norman, 5720 Old Ocean Blvd., stated
that he felt the Town should only clear the existing right-of-way so that the
Kelso’s have their access. He stated that they would have to go about getting
their access the same way as any other developer and not by scaring people and
threatening lawsuits. He suggested that they purchase the right-of-way at fair
market value or do what it takes for construction. He stated that he did not
feel the Town Commission should be helping developers.
Atty Spillias stated that the Town is not in
any way assisting developers. He explained that the Town owns 10’ of
right-of-way and the developer must have permission from the Town to develop it.
He stated that the Town did not encourage or solicit the agreement. He explained
that the Town informed the Kelso’s that they would need 20’ for access and
beyond that the Town has only responded to what has been presented to it.
Mayor Kaleel stated that the process has been
very difficult for all parties involved and cautioned those who have not
followed it from the beginning from making conclusions without fully
understanding. He stated that the agreement was presented to the Town, which was
in the interest of the Town. He added that the Town Commission is only defending
the interest of the Town.
Roll call was taken on Comm Aaskov’s
motion.
Motion carried - yea 3 (Schulte abstain).
Actions and Reports
5.
Request for Corrective unites of title for Lots 5 through 7 Block 9,
Boynton Sub Amended By: Joe Pike, EnviroDesign Assoc., Inc, representing the
property owner, William Duffey
Town Clerk Hancsak advised that the request
was merely for a correction when the wrong lots were previously recorded.
Comm Aaskov moved to approve the request for
corrective unities of title for lots 5 through 7, block 9, Boynton Sub Amended,
seconded by Comm Bingham.
Motion carried - yea 4.
6.
Discuss appointment to the Intergovernmental Coordination Program By:
Karen E. Hancsak, Town Clerk
Town Clerk Hancsak advised that former Comm
Bridges was a member of this program and questioned if the Town Commission
wanted someone else to participate. Town Manager Dunham explained that it was a
forum of elected officials who discussed countywide issues. Mayor Kaleel
suggested that Town Clerk Hancsak notify all the Commissioners when a meeting is
scheduled to see which one can attend.
7.
Provide a status report on code re-write By: Atty Spillias
Atty Spillias advised that he would be
presenting the staff with the first working draft, which would include Chapters
1, 14 and 26. He advised that they kept the FAR in the zoning code, but included
Palm Beach
’s cubit content ratio as an insert for discussion. He stated that he would be
presenting the draft to the staff first and receiving their comments the week of
April 22nd. He stated those comments would be reworked and another
draft presented to the Town Commission in mid-May.
The Town Commission concurred with Atty
Spillias’ suggestions and time line.
Atty Spillias advised that the next joint
meeting with the Planning and Zoning Commission should be the last one and would
be a good time to go over any needed Charter revisions as well although they
would still have to go on a ballot for approval.
8.
Discuss Town Manager Position
Mayor Kaleel stated that he wanted to discuss
the option of an interim town manager. Town Manager Dunham stated that he had a
list form the Florida League of Cities of “members in transit” and
questioned if the Town Commission wanted him to contact any of the local members
listed. He added that there would be a level of education needed for anyone
taking over as an interim town manager.
Mayor Kaleel stated that he had spoken to
previous Town Manager Bill Mathis who was very interested, but could not accept
due to health and personal reasons. He added that Mr. Mathis did offer to help
when and where he could. He stated that he has had offers from other city
managers to help. Town Manager Dunham suggested looking at someone who was
available on a part time basis.
Mayor Kaleel suggested having a status
meeting in two weeks.
Town Clerk Hancsak stated that the position
will be advertised in the Florida League of Cities datagram and the Florida City
Manager’s newsletter. She stated that the ad will be placed in the Palm Beach
Post on April 7th and 14th. She added that she left a
message with the local representative of the Range Riders program who assisted
with the search for the previous town manager.
Resolutions
9.
No. 2002-10; Authorizing execution of Town Engineer Contract for Civil
Engineering Services
Town Clerk Hancsak read the above resolution
by title only.
Town Manager Dunham explained that $35,000
has been included in the budget for engineering services and that the staff had
been directed to negotiate with Shalloway, Foy, Rayman and Newell at the last
Town Commission meeting as a result of the request for qualifications.
Town Manager Dunham explained that the
contract which has been reviewed by the town attorney is for one year from the
date of execution and may be renewed at the Town’s discretion for one year
increments after that. He also explained the scope of services that will be
provided by the town engineer.
Town Manager Dunham requested that Resolution
No. 2002-10 be approved.
Comm Bingham moved to approve Resolution No.
2002-10, seconded by Comm Aaskov.
There was no public comment on this issue.
Mayor Kaleel stated that he felt Shalloway,
Foy, Rayman and Newell has done a great job for the Town in the past two years.
Town Manager Dunham stated that he has always gotten good response from the
firm.
Roll call was taken on Comm Bingham’s
motion.
Motion carried - yea 4.
Lisa Tropepe, Shalloway, Foy, Rayman and
Newell, thanked the Town Commission for this opportunity to serve as town
engineer adding that she has enjoyed working with the staff at Ocean Ridge.
10. No.
2002-11; Authorize execution of Interlocal Agreement between Palm Beach County
and the Town for the Transfer of DEP Funds from the County to the Town for
Assisting in the Implementation of the Stormwater Improvement Project – Phase
I within the Town
Town Clerk Hancsak read the above resolution
by title only.
Town Manager Dunham explained that the
Town’s portion of the grant funding from the Lake Worth Lagoon Grant will be
$493,475. He advised that the Town has also been preliminarily approved for
$300,000 in federal funding and will apply for $500,000 from the Lake Worth
Lagoon Grant next year.
Atty Spillias stated that the approval of the
Resolution would include a letter to Rich Walesky, which will not change the
scope of the project.
Comm Bingham moved to approve Resolution No.
2002-11, seconded by Comm Aaskov.
There was no public comment on this item.
Motion carried - yea 4.
Mayor Kaleel questioned the time frame for
work to begin on
Hudson Ave
to which Ms. Tropepe stated that it would be four to six months for permit
approval which has to go through both SFWMD and the State and then an additional
two months before work will begin.
First
Reading
of Ordinances
None
Second
Reading
of Ordinances
11. No.
537; Amending the Code of Ordinances at Chapter 14, Buildings and Building
Regulations, at Article II, Technical Codes and Other Construction Standards,
Division I, Generally, By Repealing Section 14-26, Adoption of Technical codes
and Countywide Amendments, and Re-Enacting it with a New Title to Provide for
the Incorporation by Reference of the Statewide Building Code Adopted by the
Florida Statewide Building Code Adopted by the Florida Legislature Known as the
“Florida Building Code”, as Amended by the Board of County Commissioners of
Palm Beach County, FL, as the Building Code for the Town of Ocean Ridge
Mayor Kaleel read Ordinance No. 537 by title
only.
Atty Spillias advised that the effective date
would be upon adoption and that the swimming pool requirements are covered in
the FL building Code so the standard swimming pool code has been removed from
the ordinance.
Comm Aaskov moved to approve Ordinance No.
537 on second reading, seconded by Comm Schulte.
Christine DeAngelo, lot owner at
6115 N Ocean Blvd.
, questioned if these changes would affect her potential building permit in any
way to which Town Manager Dunham replied that it would not any zoning issues.
Roll call was taken on Comm Aaskov’s
motion.
Motion carried - yea 4.
Town Commission Comments
12. Discuss
prohibition of hedges being planted along roadway thereby avoiding placement of
signage By: Comm Bingham
Comm Bingham stated that she felt people were planting in the
rights-of-way causing signs to be placed in neighboring yards. She suggested
that the Planning and Zoning Commission look into setback requirements for
vegetation. Town Clerk Hancsak advised that at the joint meeting of the Planning
and Zoning Commission and Town Commission
for the code re-write, it was the consensus of both bodies that residents could
plant in the rights-of-way if it does not adversely affect the swales. Town
Manager Dunham stated that he would research how other municipalities are
handling this situation.
Atty Spillias suggested that the issue be
discussed at the next joint meeting.
Comm Schulte questioned if plantings are
reviewed when there is a safety issue involved to which Director Hillery advised
that the code does allow for enforcement when there is a safety issue.
Adjournment
The meeting was adjourned at
8:25 PM
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