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Town of Ocean Ridge |
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Commissioner Schulte Commissioner Willens Mayor Kaleel 2.
Approval of Not to Exceed $21,800 for the purchase of new vehicle
for the Town Manager as per employment agreement to be funded from the
Contingency Account (existing vehicle will be auctioned in usual manner) 3.
Appointment of Kathleen M. Dailey, Town Manager, as the alternate
member to the South Lake Worth Inlet Advisory Committee 4.
Ocean Ridge Resolution No. 2002-15;
Approving and Adopting the Renewal Dental Services Agreement with Oral
Health Services 5.
Approval of $4,510 for new office furniture for Town Manager and
chairs for the Director’s Office to be funded from the Contingency Account
(Based on the savings incurred during the transition of new Town Manager) 6. Authorize Agreement with Shalloway, Foy, Rayman & Newell, Inc. for a Water Supply and Treatment Options Report 8.
Request for Unity of Title to Join lot 4, Block 6, Amended Plat of Part
of
Boynton’s Subdivision, and Mr.
Bridges commented that he was not pleased with the Regarding
the rights-of-way in Town, Mr. Bridges stated that the Town should abandon all
those that are not useful e.g. the right-of-way south of Mr.
Bridges stated that the Town Engineer should review the building/drainage plans
for the neighbor of the Swanks at Mr. Bridges concluded by suggesting that the Town Commission place a time limit on building in the new code revisions to which Town Clerk Hancsak advised it has already been incorporated into the draft. Public Hearings 11.
Application submitted by Randall Stofft Architects, 42 N. Swinton Ave.,
Suite 1, Delray Beach FL 33444, representing owner, Marsha Hill, requesting a
variance from the provisions of the Buildings and Building Regulations, Article
II, Technical Codes and other construction standards, Section 14-27, Floor
Elevations, Sub-Paragraph (c) Maximum Elevation and the Land Development Code,
and a development
permit from the Land Development Code, Article VII; Coastal Construction Code,
Section 26-108; Coastal construction and Excavation Setback Line; Sub-Paragraph
(A); Setback line established; and Sub-Paragraph (h) Existing Structures to
permit the construction of a new single family home, guest house and tiki hut,
with a maximum finished floor elevation (FFE) of 22’6” which would extend
approximately +/- 136’ east of the Coastal Construction Control Line (CCCL),
and a pool and patio area extending approximately +/- 184’ east of the CCCL
located at 6275 No. Ocean Blvd. or legally described as the North 101.08’ of
South 270’ of Unnumbered Block Lying immediately north of Edith Street and
east of Ocean blvd. in the Boynton Beach Park Subdivision
Town Clerk Hancsak advised that Frank McKinney had requested and received a variance for a 23’ FFE on this parcel in September 2001 and that this latest request was for 6” lower. She added that the applicant was also seeking approval for construction +/- 136’ east of the CCCL for the structures and +/- 184’ for the patio/pool. Atty Spillias swore in all who were giving testimony in any of the public hearings. Comm Bingham stated that she did not want to approve any more of the higher FFE. Comm Bingham moved to approve the request with a FFE of 21’. There was no second to this motion. Randall Stofft, architect, stated that the houses on each side have a higher FFE than what they are requesting. He added that it does not make any sense to pick an arbitrary height such as 21’ which would require them to dig into the dune. He stated that it is a low profile house and will have low impact. Comm Bingham stated that she had a problem with massive houses cutting off the breeze to other homes. Comm Willens stated that the solution to Comm Bingham’s problem would be a change in the code. Atty Spillias stated that this is not a code issue, but rather a question of whether what they are proposing is consistent with the rest of the Town. Comm Bingham moved to approve the variance request to build east of the CCCL, seconded by Comm Willens. Marilyn
Lundquist, Roll call was taken Comm Bingham’s motion. Motion carried - yea 5. Regarding the previous suggestion to lower the FFE to 21’, Town Clerk Hancsak stated that the State might frown upon the removal of dune to have a lower FFE. Mr. Stofft showed a diagram of the proposed house along with the house to the north and south which showed them all to be visually in line with each other. Comm Schulte moved to approve the variance for FFE as submitted, seconded by Comm Willens. There was no additional Town Commission or public comment. Motion carried - yea 5. 12.
Application submitted by Randall Stofft Architects, 42 N. Swinton Ave.,
Suite 1, Delray Beach FL 33444, representing the owner, William Duffey,
requesting a development permit from the provisions of the Land Development
code, Article VII; COASTAL CONSTRUCTION CODE, Section 26-108; Coastal
construction and excavation setback line; Sub-Paragraph (a); Setback line
established; and Sub-Paragraph (h) Existing Structures to permit the
construction of a single family home, after demolishing the existing home, that
would extend approximately 30’ east of the CCCL located at 6103 North Ocean
Blvd. or legally described as Lot 5 and the North half of Lot 6, Block 9,
Amended Plat of Boynton Subdivision (exact description available for review in
the Clerk’s Office) Mayor Kaleel advised that this request was only for construction east of the CCCL. Comm Willens moved to approve the variance request as submitted, seconded by Comm Aaskov. Comm Bingham stated that she would like to see the Gumbo Limbo trees on this property protected, if possible. Earl
Jones, 14 Sailfish Lane, stated that he was concerned that the applicants were
using Old Ocean Blvd as their address so that they would be able to use the
higher elevation of Old Ocean vs N Ocean in their calculations. He stated that
this will cause the house to bury other lots on the street and it will be higher
and filled. He added that this would cause massive flooding. Mr. Stofft stated
that they would not be filling the lots, but rather keeping them very close to
the existing grade. He stated that there is an entrance to the
house off of Roll call was taken on Comm Willens’ motion. Motion carried - yea 5. 13.
Application submitted by Randall Stofft Architects, 42 N. Swinton Ave.,
Suite 1, Delray Beach FL 33444, representing the owner, William Duffey,
requesting a development permit from the provisions of the Land Development
code, Article VII; COASTAL CONSTRUCTION CODE, Section 26-108; Coastal
construction and excavation setback line; Sub-Paragraph (a); Setback line
established; and Sub-Paragraph (h) Existing Structures to permit the
construction of a single family home that would extend approximately 28’2”
east of the CCCL located at 6102 North Ocean Blvd. or legally described as Lot 7
and the South half of Lot 6, Block 9, Amended Plat of Boynton Subdivision (exact
description available for review in the Clerk’s Office) Town Clerk Hancsak read the above application by title. She advised that all fees had been paid and there has been no additional correspondence received. Comm Willens moved to approve the variance as submitted, seconded by Comm Aaskov. Mayor Kaleel questioned that the drainage would be reviewed by the Town Engineer prior to being permitted by the Town to which Mr. Stofft advised that it would. Doug
Olbrich, Roll call was taken on Comm Willens’ motion. Motion carried - yea 5. 14.
Application submitted by Susan and Jerry Miller, 1640 Lawrence Ave.,
#101, Toronto, Ontario, M6L1C6, requesting a variance from the provisions of the
Buildings and Building Regulations, Article II, Technical Codes and other
construction standards, Section 14-27, Floor Elevations, Sub-Paragraph (a)(3)
Maximum Finished Floor Elevation (FFE) Shall be no Higher than 1’ above the
established minimum FFE, Sub-Paragraph (a)(5) Garages are not prohibited
provided that all enclosed areas shall have a minimum FFE of not less than 8’
above zero elevation and no artificial filling of land is used to create same
and the Land Development, Article VII; Coastal Construction Code, Section
26-108; Coastal construction and Excavation Setback Line; Sub-Paragraph (A);
Setback line established to permit the construction of a new single family home,
with a maximum finished floor elevation of 17.3’ and the garage with a floor
elevation of 7.3’, pool/patio area which would extend approximately +/- 71’
for the structure and +/- 80’ for the pool/patio east of the CCCL located at
33 Hersey Drive (extreme northeast end of Hersey Dr.) or legally described as
Lot “A” (less the southerly 95’) and Lot “B” (less the southerly
95’) of Shoreview Subdivision (exact legal description available in the
Clerk’s Office). Town Clerk
Hancsak explained that this application is similar to the Pugliese variance at Mr. Stofft stated that the FFE is based upon 100 year storm data and that this is essentially a single story house. Mayor Kaleel questioned if there is going to be a slab in the garage to which Mr. Stofft replied that it was not their intent to slab the garage and that anything slabbed would be included in the FAR. Town Clerk Hancsak advised that the maximum height currently being proposed is 35’6” which is within the code. Comm Willens moved to approve the request in regards to construction east of the CCCL and that any slabbed area on the base level be included in the FAR, seconded by Comm Bingham. There was no additional comment. Motion carried - yea 5. Comm Bingham moved to approve the request in regards to the FFE per the staff recommendation (the staff furthermore recommends approval of the applicant’s request for a variance for a garage at a grade of 7 feet 3 inches graduating to the base level entry at 7 feet 9 inches conditioned on the filing of a Hold Harmless Agreement and staff also recommends that prior to the issuance of any building permit that a Unity of Title be recorded joining Lot “A” and Lot “B” so that no portion of the lot can be sold independently in the future after it has been utilized for additional lot area), seconded by Comm Willens. Comm Schulte questioned why a hold harmless is required to which Atty Spillias advised that it was to protect the Town if there are flooding problems on a property which is built below the recommended FFE. Mr. Stofft stated that the State has given 15.62’ as the minimum for the FFE and the builder needs an additional 2’ for the slab which is why the request is for 17.3’. Town Clerk Hancsak advised that the motion includes a unity of title for the properties. Mr. Jones stated that he felt this plan was a better solution than bringing in fill. Roll call was taken on Comm Bingham’s motion. Motion carried - yea 5. Regular Agenda Actions and Reports 15. Update on Stormwater Drainage Improvements By: Lisa Tropepe, Town Engineer Ms.
Tropepe advised that the permit for Ms. Tropepe stated that the Town is now getting proactive in the area of the drainage for new construction and that residents should be prepared for all swales and proper drainage to be checked. Ms. Tropepe concluded that the Town is also getting pro-active about fixing the lines which are discovered to need it as a result of the TVing and cleaning of the pipes. Mayor Kaleel stated that he believed Ms. Tropepe and Shalloway, Foy, Rayman & Newell were doing a tremendous job for the Town.
16. Request
for Petition for order reducing code enforcement order/fine in connection with Town Clerk
Hancsak gave a brief overview of the events leading up to the current fine on
the property. She stated that the staff does not recommend any reduction in the
lien as the owner did not pay the administrative fees from the code enforcement
hearing for 111 days or make an attempt to satisfy the lien since the last
denial for lien reduction on Peter
Weintraub, attorney representing Carl Forbes, stated that he is aware that this
property has been a blight on the Town for a long time and that if this lien is
reduced and the unity of title is terminated, a house will be built on Atty Spillias suggested that the Town Commission consider items #16 and #17 together.
17. Request
for petition to sever/terminate unity of title covenant for Atty
Spillias advised that the original unity of title was put in place so that a
dock could be placed on Mr. Weintraub stated that he knows the Town Commission would make the release of unity of title conditional upon the removal of the dock and his client to purchase the lot has a contractor ready to do this. Atty Spillias questioned if his client would be willing to give indemnification against any claim against the Town simply by the action of the release of the unity of title. Mayor Kaleel stated that he did not believe the Town Commission is in a position to vote until Atty Spillias gives an opinion on the Town’s liability in this action. Comm
Willens moved to postpone items #16 and #17 until the Motion carried - yea 5. Mr. Weintraub stated that his client has a deadline before that date regarding the purchase of the property, but that he believes he can get an extension. He added that he would like to know what the feeling is of the Town Commission on the requests. Atty Spillias stated that the Town Commission has been willing to release the unity of title in the past when certain requirements are met and that he has negotiated lien reductions in the past. Mayor Kaleel stated that he did not feel the Town Commission would be in favor of reducing the lien. David
Berger, 18. Discuss Sivitilli v. Ocean Ridge Litigation and request for scheduling executive session By: Kenneth Spillias, Town Attorney Comm Aaskov stated that she would not be involved in this discussion due to a conflict. Town Clerk Hancsak advised that she would have a voter’s conflict sign available for her to sign. Atty Spillias advised that he was requesting an executive session to discuss the settlement of the litigation. Comm
Willens moved to have the meeting at Motion carried - yea 4. 19. Award of proposal for clearing David Lane By: Kathleen Dailey, Town Manager Town Manager Dailey advised that the proposal would include removal of all vegetation, concrete pads and other materials to make 10’ available for access. She stated that the staff recommends awarding the proposal to the companies outlined in her memo in an amount not to exceed $12,360 from the contingency fund. Comm Schulte removed himself from the discussion due to his conflict on this issue. Town Clerk Hancsak advised that she would have a voter’s conflict form prepared for his signature. Comm
Willens moved to award authorization for the clearing of Atty Spillias advised that Judge Rapp has currently entered a final decision on this issue. He stated that Mr. Katz’ 10’ now belongs to the Town and Mr. Katz has not filed for any appeal of this decision. He explained that the 10’ over the Olanoff’s property is public meaning that the public has a right to use it. He stated that on August 16, Judge Rapp will discuss a new hearing. He stated that part of the order was to clear Katz’ property and it is a valid effective order as of right now. He stated that he did not think the Town would face any significant liability if they proceeded now with the order. Mayor Kaleel questioned if the Town Commission could approve the money now and then not proceed until after the decision on the 16th to which Atty Spillias stated that he did not want Judge Rapp to think the Town was delaying its duty set forth in the decision. Comm Willens stated that he did not see how the Town could not proceed. Comm Willens moved to award the proposal as outlined, but not to contract the work to begin until after August 16th, seconded by Comm Aaskov. Motion carried - yea 4. Atty Spillias explained that if the judgment remains the same, the Town will move forward with the construction and if the judgment effects the original decision, he will bring the issue back in front of the Town Commission. 20a. Authorize extension of landscaping maintenance contract with Vila & Son Landscaping Corp. for one year term at the same rate and authorize staff to re-bid during year if deemed necessary (previously agenda item #7) Comm Willens commented that given the fact that information was provided of unsatisfactory service was provided, the Town Manager should be authorized to negotiate a new contract. Town Manager Dailey stated that she would like to re-evaluate Vila & Sons, but reserve the right to give the contract to another company at the same price if she is not satisfied. She advised that if the Town Commission wants to add to the responsibilities that Vila & Sons currently have that they would have to allow for her to renew the contract with additional amount for an hourly rate for the new responsibilities. Comm Schulte moved to give the Town Manager the power to negotiate with Vila & Son or another contractor at the same rate as the current contract, seconded by Comm Bingham. Motion carried - yea 5. It was decided by the Town Commission to move item #20 to Town Commission Comments. Resolutions None First 21. 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, seconded by Comm Aaskov. Mayor Kaleel explained that the Town Commission was trying to prohibit vehicles on the beach such as parasails. Lothar
Mayer, Mr. Jones questioned if he could park a boat on the beach to let someone off of it to which Mayor Kaleel advised that was not the intent adding that the motorized part of the boat would not be on the beach if he was just letting someone out. Rich Lucibella, 5 Beachway N, stated that the Town was enacting the “fun police” with this ordinance adding that he has never had a problem with parasails. Bruce Gimmy, 12 Ocean Ave., questioned why the ordinance could not just single out parasails to which Atty Spillias stated that it would be a liability to single out one thing. Mr. Gimmy stated that he did not believe they should be stopped. Jim
Vecchione, Roll call was taken on Comm Willens’ motion. Motion carried – yea 3 (Aaskov, Willens, Kaleel) nay 2 (Bingham, Schulte) Second None Town Commission Comments 20. Discuss Rights-of-way located in Town By: Mayor Kaleel Mayor Kaleel stated that he felt the Town needed to make a decision on the rights-of-way adding that he felt some of them should be given to the residents. He suggested that the issue be given to the Planning and Zoning Commission one more time and that if they decide to keep a right-of-way, they would need to come up with a plan of what to do and the related costs. Comm Bingham stated that she disagreed with giving any of the rights-of-way to residents adding that it is public property and should be able to be used by all the public. She stated that if residents can have an alley behind their homes and put their garages in the back, the front exposure of the residences will look much better. Comm Willens moved that the Planning and Zoning Commission develop a comprehensive plan for all the rights-of-way in Town to be given to the Town Commission no later than April 15, 2003 to include estimated costs for a multi-year clearing and ongoing maintenance, lighting, and DPS patrol and also to include that the Town may grant a twelve month license for the resident to use the property, seconded by Comm Aaskov. Mayor Kaleel stated that he agreed with developing a plan adding that he believed it could be done in a few months, but that he did not agree with the licensing part of Comm Willens’ motion. Atty Spillias advised that the Town already has the authority to give licenses for the rights-of-way. Comm Willens and Comm Aaskov withdrew their motion and second, respectively. Comm Willens moved that the Planning and Zoning Commission develop a comprehensive plan for use of the Town’s rights-of-way to be given to the Town Commission by December 15, 2002 to include a multi-year plan for clearing any rights-of-way including costs for clearing, maintenance, lighting and public safety, seconded by Comm Aaskov. Atty Spillias stated that there is a distinction between the rights-of-way that are improved and homeowners planting in the unimproved portion to ones that are behind homes and will never be used as a road. Roll call was taken on Comm Willens’ motion. Motion carried - yea 5. Justus
Brown, Mr. Vecchione stated that he thought the Town Commission was supposed to be determining these on a case by case basis. He stated that he did not believe Mr. Gimmy should be involved with the Planning and Zoning Commission (of which Mr. Gimmy is the Chairperson) during these new discussions since he is the one resident holding out in the situation that Mr. Brown was speaking of. Betty
Kelso, Corey
Heith, Richard
Levenstein, attorney representing Mr. and Mrs. Morrison of Mr. Gimmy stated that he specifically wants Florida Power & Light to be able to get to the transformer behind his house. He added that there is also an existing well on the NW corner of his property that he can not reactivate since a truck can not get back to repair it. He concluded that the Planning and Zoning Commission recommended to open all rights-of-way 3 ½ years ago. Comm Bingham stated that there are lots of transformers in these rights-of-way. George
Bierlin, Adjournment The
meeting was adjourned at |
