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Town of Ocean Ridge |
Town Hall: |
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Town Hall Building & Zoning Police Department
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Regular Town Commission Meeting of the Town of Ocean Ridge held on Monday, March 4, 2002 at 6:30 PM. 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 Atty Spillias requested to add an item discussing a proposal regarding the fines at 5907 N Ocean Blvd as item 8a, an update on the code re-write as item 19, and an update on the Kelso litigation and the need for a Special Meeting as item 8b. Mayor Kaleel requested to reverse the order of items 6 and 7 and discuss item 16 before item 5. Consent Agenda
2. Minutes of Town Commission Meeting of February 4, 2002 3. Minutes of Special Town Commission Meeting of February 15, 2002 Comm Aaskov moved to approve the Consent Agenda, seconded by Comm Willens. Motion carried – yea 5. Announcements and Proclamations
The Mayor read the above proclamation. Mayor Kaleel stated that he would like to make a special presentation to former Mayor and Commissioner Digby Bridges for his years on the Town Commission and other boards and to thank him for all his work as it was deeply appreciated by all. Mr. Bridges thanked Mayor Kaleel and stated that he would still be involved in the Town and the meetings. There was applause from the public. Public Comment Jerry Magruder, 9 Ridge Blvd, stated that she felt the issues regarding 5011 N Ocean Blvd and annexing other County properties on the South end of Town should be a referendum submitted to the residents for their consideration. She added that she felt that the code should be upheld against 5011 N Ocean Blvd. just as it was against Busch’s Restaurant and that the issue has not been properly explained to the residents. Comm Aaskov stated that the Town Commission has only agreed to look into the issue of annexing the County property. Mayor Kaleel added that nothing would be decided until the issue has been fully researched. James Vecchione, 6306 N Ocean Blvd., requested that the tree in the alley between Ocean Ave. and Coconut Lane next to his home not be removed as the Town plans to do. He stated that it would be an enormous expense for the Town and that he will fight the decision to remove it. He added that he did not see why the right-of-way was being opened up for only one person. Town Manager Dunham explained that the tree was planned on being removed as it is the only access one resident has to repair the wall behind his home which does not involve using another resident’s private property. Mr. Vecchione stated that he would meet with the Town Manager and explain an alternative solution to him.
Mayor Kaleel stated that a new restaurant is being planned in Boynton Beach by the Intracoastal and Woolbright Rd. John Therien, owner of the new proposed restaurant, advised that the restaurant would be very upscale and not like the Banana Boat in Boynton Beach which he also owns. He explained that there would be no live music and possibly only background/elevator type music. He stated that the architecture would be an old Florida type with improved landscaping to include the area behind Winn-Dixie. Paul Slattery, architect for project, stated that the plans were currently in the site plan approval phase in Boynton Beach and includes a complete landscape enhancement and a boardwalk. Mayor Kaleel advised that the residents are concerned over the noise potential as there were problems with the Banana Boat, which were resolved after many meetings and complaints by residents. Mr. Slattery reiterated that this was a restaurant which would be far from a night club atmosphere with a low level of light and no live music and possibly fifty to sixty seat outdoor seating. Mr. Therien stated that there would be two small outdoor sections of approximately 25 seats or five tables each. Comm Aaskov asked if there would be boat dockage included to which Mr. Slattery stated that the issue had not yet been resolved as it may be difficult to include, but that there would be a boardwalk with low level lighting. Comm Aaskov questioned how far south the restaurant would extend to which Mr. Slattery stated that it would begin 30’ south of the north property line and extend 120’. George Bierlin, 26 Hudson Ave., wanted the record to reflect that Mr. Therien intimated that the Banana Boat has loud music to which Mr. Therien stated that the intent of his remark was to express that the new restaurant will not have loud, live music, only mood music. Barbara Gumas, 5530 N Ocean Blvd., questioned if there are regulations regarding obtrusive light and requested that any new light be deflected from the Ocean Ridge side of the Intracoastal to which Mr. Therien stated that the landscaping and the new building will help deflect the light. Mayor Kaleel informed the residents that this presentation was a courtesy by Mr. Therien as the Town has no vote on the development, but that the Town would forward a letter to the City of Boynton Beach indicating the resident’s concerns. Mr. Therien stated that he would also be happy to meet with the boards of the condos, which are on the Ocean Ridge side of the Intracoastal behind the proposed restaurant. Actions and Reports
Town Clerk Hancsak explained that there were two regular and two alternate appointments to be filled on the Board of Adjustment. She stated that regular members, Phil Barlage and Barbara Souther, and alternate, Geoffrey Pugh, have expressed interest in serving again while the alternate position vacated by Bernd Schulte would have to be filled. She identified all those who had expressed interest in the positions available on the boards. Comm Aaskov moved that Phil Barlage, Geoffrey Pugh and Barbara Souther all be re-appointed to their current positions and Mark Hannah be appointed to fill the vacated alternate position, seconded by Comm Willens. Motion carried – yea 5. Town Clerk Hancsak explained that there were three regular and two alternate appointments to be filled on the Planning and Zoning Commission. She explained that the two regular members, Bruce Gimmy and James Bonfiglio, have expressed interest in serving again while the position vacated by Craig Baskin would need to be filled. She added that Mauro Walker, alternate, has expressed interest in serving again as either an alternate or regular member and that he has participated in the last three meetings. She identified all those who had expressed interest in the positions available on the boards. Comm Aaskov moved to appoint Bruce Gimmy, James Bonfiglio and Jerry Goray as regular members and Mauro Walker and Jeff Lee as alternate members to the Planning and Zoning Commission, seconded by Comm Willens. Comm Bingham moved to appoint Bruce Gimmy, James Bonfiglio and Mauro Walker as regular members and Al Alcorta and Jeff Lee as alternates. There was no second to this motion. Mayor Kaleel stated that he felt Mr. Goray would be a good addition to the Planning and Zoning Commission. Roll call was taken on Comm Aaskov’ motion. Motion carried – yea 4 (Aaskov, Schulte, Willens, Kaleel) nay 1 (Bingham)
Town Manager Dunham explained that the two crossovers were contemplated several years ago when extended permitting would have been necessary through the DEP in Tallahassee. He stated that the permitting has changed since then and a field permit can now be acquired for these crossovers. He advised that Robert Barron, a coastal management consultant who constructed the crossover at Corrine St., estimated the cost of these two crossovers at $16,300. The Edith St. crossover has been designed to start at the street and the cost may be reduced, as it may not have to be that far. He concluded that the construction could not be done during turtle season which is March 1st through October 31st. Comm Willens moved to approve the project to be funded out of the beautification reserve account, seconded by Comm Aaskov. Comm Willens stated that he would like to thank the Town Commission and Town Manager for their timeliness on this issue. Don Magruder, 9 Ridge Blvd., stated that the concrete is cracked at the property at the end of Adams and there are evasive trees which are owned by 52 homeowners. He questioned if the Town could take over this property and fix it or take it over to which Mayor Kaleel advised the Town could only do that if all 52 owners agreed. Comm Aaskov stated that as one of the owners, she would not sign over her rights to the Town, but that she knew of a way to resolve it and that she would discuss with Town Manager Dunham and Director Hillery. Comm Willens amended his motion to include an amount not to exceed $16,300 and to hire Robert Barron for the construction. Comm Aaskov amended her second. Motion carried – yea 5. 6. Discuss beach-cleaning services By: Gregory L. Dunham, Town Manager Town Manager Dunham advised that there was a typo on the proposal presented in that option #1 would read twice weekly. Mayor Kaleel questioned if this proposal would include trash cans being supplied and emptied at all the crossovers to which John Peart, president of Universal Beach Services, advised that it is included. Town Manager Dunham explained that Mr. Peart is licensed to do this work during turtle season. Mr. Peart explained that the proposal included all of Ocean Ridge minus the Hammock Park, the southern boundary of the Inlet Park, and the Oceanfront Park. Mayor Kaleel advised that the Town would need to research the accessibility to the private property on the beach. Mayor Kaleel questioned if the proposal could be modified to delineate how much each private homeowner would be charged for their private beach area to which Mr. Peart advised that he could. He stated that the south end is where there is more erosion and more care would have to be taken. Earl Jones, 14 Sailfish Lane, stated that he had a problem with the way that Diamond Beach is cleaned by this company. He stated that the machines clean the beach behind Diamond Beach and then the debris is buried on the property next to it. He stated that he felt the problem could be solved by simply placing additional trash cans on the beach for the public to use. Mr. Peart explained that Diamond Beach has 300’ of beach property of which his company only cleans the center 150’ leaving 75’ on each side of the affected area. He stated that seaweed is incorporated back into the sand, but only within the property line of Diamond Beach. Kim Willens, 9 Hudson Ave., stated that the Garden Club had learned that a pristine beach is not the goal, but that burying the seaweed back into the sand is best for the beach. Mr. Peart stated that the seaweed is buried and the vast majority of the trash is picked up by hand. He stated that his company is very efficient at what they do. Town Manager Dunham advised that the issue would be returned to the Town Commission once the question of accessibility was answered. 8. Recommendation for Town Engineer and authorize contract negotiation Town Manager Dunham explained that funds were budgeted for a contract with a Town Engineer and that an RFQ was advertised in February. He stated that there were four responses to this RFQ and they were distributed to the Commissioners for their review. Comm Willens moved to negotiate a contract for Town Engineer with the firm of Shalloway, Foy, Rayman and Newell, Inc. first, Kimley-Horn and Associates, Inc. second, and WCG, Inc third., seconded by Comm Aaskov. Motion carried – yea 5. 8a. Fines for 5907 N Ocean Blvd. By: Kenneth Spillias, Town Attorney Atty Spillias advised that there has been an offer to settle the liens against the property, which currently total approximately $95,000 for $30,000. He stated that the current state of the property being undeveloped continues to lower its tax potential. Mayor Kaleel questioned if the Town could get nothing on the liens if the property was foreclosed on to which Atty Spillias advised that it was a possibility. Comm Bingham moved to accept $30,000 for the liens filed against 5907 N Ocean Blvd., seconded by Comm Willens. Dave Berger, 45 Bimini Cove Dr., questioned if the liens could be sold to which Mayor Kaleel stated that there is still the chance of getting nothing if there is a foreclosure. Mayor Kaleel stated that he would like Atty Spillias to try and renegotiate to $45,000. Comm Schulte stated that he would also like $45,000 as opposed to the $30,000, but that he felt the Town should accept the $30,000. Comm Bingham amended her motion to include allowing Atty Spillias to negotiate and accept any amount from $30,000 and up. Comm Willens amended his second. Motion carried – yea 5.
Atty Spillias explained that the trial had been scheduled to begin earlier this day, but that through extensive negotiations in the past three weeks an agreement had been signed dependent upon Town Commission approval. He stated that the Town would be asked to abandon 10’ which is currently in dispute between Robert Katz and the Town. He suggested that a Special Town Commission meeting be set up this week to answer questions and discuss the settlement. He stated that he would be suggesting a few minor revisions, but the substance of the agreement would remain the same. He stated that it would take a public hearing to approve the abandonment by the Town. The Town Commission concurred to have the Special Meeting at 8:00 AM on Thursday, March 7th. Rich Lucibella, 7 Beachway N, stated that he would like to comment on the agreement to which Atty Spillias stated that he should comment at the Special Meeting since the Town Commission has not yet had a chance to review the proposed agreement. Mr. Lucibella stated that Atty Spillias has characterized that the agreement only includes the Town giving up a 10’ portion of the right-of-way, but that there are other items in the agreement which will need to be discussed. Atty Spillias stated that he did not advise that the Town’s only concession would be a 10’ portion of a right-of-way to Mr. Katz. Atty Spillias advised that Comm Schulte would be declaring a conflict on this issue. Resolutions 9. No. 2002-02; Electing a Mayor Mayor Kaleel advised that it has been a pleasure serving as the Mayor for the past year and working with the Town staff and Commissioners. Comm Aaskov nominated Kenneth Kaleel for Mayor, seconded by Comm Bingham. There were no other nominations. Town Clerk Hancsak read Resolution No. 2002-02 in its entirety including Kenneth Kaleel as Mayor. Comm Aaskov moved to approve Resolution No. 2002-02 with Kenneth Kaleel as Mayor, seconded by Comm Bingham. Motion carried – yea 5. 10. No. 2002-03; Electing a Vice Mayor Comm Bingham nominated Comm Aaskov for Vice Mayor, seconded by Mayor Kaleel. There were no other nominations. Town Clerk Hancsak read Resolution No. 2002-03 in its entirety including Gail Aaskov as Vice Mayor. Comm Bingham moved to approve Resolution No. 2002-03 with Gail Aaskov as Vice Mayor, seconded by Mayor Kaleel. Motion carried – yea 5.
Mayor Kaleel read Resolution No. 2002-04 by title only. Comm Willens moved to approve Resolution No. 2002-04, seconded by Comm Aaskov. Motion carried – yea 5.
Mayor Kaleel read Resolution No. 2002-05 by title only. Comm Aaskov moved to approve Resolution No. 2002-05, seconded by Comm Bingham. Motion carried – yea 5.
Mayor Kaleel read Resolution No. 2002-06 by title only. Mayor Kaleel explained that Rep. Jeff Atwater has asked for the Town’s support on this issue. Comm Willens moved to approve Resolution No. 2002-06, seconded by Comm Aaskov. Motion carried – yea 5.
Mayor Kaleel read Resolution No. 2002-07 by title only. Mayor Kaleel advised that Rep. Atwater is attempting to put this bill through the State in order to ease the burden of the insurance premiums for coastal residents. Comm Willens moved to approve Resolution No. 2002-07, seconded by Comm Bingham. Motion carried – yea 5. First Reading of Ordinances
Mayor Kaleel read Ordinance No. 537 by title only. Atty Spillias advised that the Florida legislature has adopted a Universal Florida Building Code that would replace all local building codes and allows local entities to amend it to meet local conditions. This ordinance would adopt the new code and the Palm Beach County amendments. Atty Spillias advised that two changes would have to be made to the ordinance in that the effective date would have to be changed to date of adoption and the name of the Vice Mayor would be changed to Comm Aaskov. Comm Willens moved to approve Ordinance No. 537 on first reading as amended, seconded by Comm Aaskov. Mr. Jones questioned if the issue of opaque or semi-opaque in regards to pool enclosures was included in this to which Atty Spillias stated that he did not know, but that he believed it to be included in the Town zoning code. Roll call was taken on Comm Willens’ motion. Motion carried - yea 5. 17. Discuss lights on Ocean Ave. By: Comm Aaskov Comm Aaskov suggested that the red, white and blue rope lights be removed from the street light poles on Ocean Ave. It was the consensus of the Town Commission to remove them for the time being. 18. Discuss sidewalks throughout the Town By: Comm Bingham Comm Bingham stated that she felt the broken sidewalks throughout Town were as a result of trucks parking on the sidewalk. Director Hillery stated that vehicles parked on the sidewalks would be ticketed or towed. He advised that FP&L sometimes parks on them when they need to get close to the poles and construction deliveries drive over them when going up driveways. Comm Bingham stated that she has seen construction vehicles parked in front of 6277 N Ocean Blvd. and that there are cracks in the sidewalk there to which Town Manager Dunham advised that he would speak to the developer. 19. Code re-write By: Kenneth Spillias, Town Attorney Atty Spillias advised that a draft would be ready by April 1st when another Town Commission/Planning and Zoning Commission workshop would have to be scheduled. Adjournment The meeting was adjourned at 8:25 PM. |
