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Town of Ocean Ridge |
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Commissioner Schulte Commissioner Willens Mayor Kaleel 1. Presentation of Tentative Budget and Proposed Millage Rate for Fiscal Year 2002-2003 a. Comment from Commissioners and Public Town Manager Dailey stated that she had received a quote from a local company for building official services and zoning review for the Town. She stated that the company does this work for many municipalities in the area and she has received many good recommendations. She advised that a three year contract could be negotiated for $700 a week. Mayor Kaleel stated that he felt the Town could give better service if they controlled the building department as opposed to continuing to contract with the county. Comm Schulte questioned who currently has the ultimate responsibility for building permits to which Atty Spillias advised that currently the Town approves the permit for zoning requirements and the County for building requirements and with this change, the entire responsibility would be on the Town as the entity approving the permit. Comm Willens questioned the advantage to this new arrangement to which Town Manager Dailey stated that it would give better professional service to the residents. Comm Willens commented that the Town would need to hire someone familiar with the spirit of the code. Mayor Kaleel stated that he would like more information before approving the agreement with Hy-Byrd Inc., but would agree to amend the budget to include funds for this service. Town Clerk Hancsak explained that this change would necessitate increasing the total expenditures in the budget to $3,282,458 and the unappropriated fund balance to cover the expenditures to $206,255. Comm Willens moved to amend the budget to include $36,400 for Building and Zoning Services in the Inspections Professional Services account with an increase in the total expenditures to $3,282,458 and the unappropriated fund balance to $206,255, seconded by Comm Schulte. Motion carried – yea 4 (Aaskov, Kaleel, Schulte, Willens) nay 1 (Bingham) Town Clerk Hancsak advised that there were no other changes being requested at this time. Comm Bingham stated that she felt the budget has been spiraling out of control and that the Town Commission needs to cut it back. She reiterated her desire to cut back the employee COLA to 2%. Comm Willens stated that when property values are increasing as they are now, the Town is spending what is a natural increase. He advised that when property values start decreasing is when the Town Commission will need to start putting a cap on some expenditures. Comm Aaskov stated that there are some items in the budget such as drainage which will not encompass so much of the budget in the future. Mayor Kaleel stated that he did not feel there was any fat in the budget and that the staff did a good job. He challenged Comm Bingham to state what could be removed from the budget. He stated that two new officers were being hired in response to the residents who wanted more police protection. He advised that it is a reality that the Town needs to remain in line with other municipalities in regards to salary and that it is easy to say to cut this part of the budget, but it is not a prudent practice. Earl
Jones, b. Adoption of tentative budget for Fiscal Year 2002-2003 Comm Willens moved that a budget in the amount of $3,282,458 be tentatively adopted for the 2002-2003 Operating Fund, and a budget in the amount of $153,725 be tentatively adopted for the 2002-2003 General Obligation Debt Service Fund, seconded by Comm Schulte. There was no comment from the public or the commission. Motion carried - yea 5. c. Adoption of tentative millage rate for Fiscal Year 2002-2003 Comm Schulte moved that a millage of $4.0000 per $1,000 of assessed valuation be tentatively adopted for the 2002-2003 general operating revenues, and that a millage of $.3206 per $1,000 of assessed valuation be tentatively adopted for the 2002-2003 bond debt service for the General Obligation Water Improvement Bonds of 1991, seconded by Comm Aaskov. There was no comment from the public or the commission. Motion
carried - yea 5. Mayor
Kaleel announced the percentage, if any, by which the computed millage rate
exceeds the rolled back rate (11.71%). d. Public Hearing date for final adoption Mayor
Kaleel announced that the date and time of the second and final public hearing
is established as Mayor Kaleel added that he felt the staff works very hard to trim the budget and that there are no discretionary funds in this budget at all. Additions, Deletions, Modifications and Approval of Agenda Atty Spillias advised that he would like to add a lien reduction request for lots 32, 33 and 44 Inlet Cay and a release of unity of title on same as item 9a. Comm Bingham stated that she would like to remove item 4 from the consent agenda and discuss it as item 9b. Town Manager Dailey advised that she would like to add the confirmation of the new P/T Town Hall employee as item 4 on the consent agenda. Mayor
Kaleel stated that he would like to add the issue of boat permits as item 11 and
the house on Consent Agenda
2.
Minutes of
3.
Minutes of 4. Confirmation of P/T Town Hall employee Comm Schulte moved to approve the Consent Agenda as amended, seconded by Comm Aaskov. Motion carried - yea 5. Public Comment Jerry
MaGruder, Public Hearings Town Clerk Hancsak advised that the following public hearings, which were originally heard at the August meeting, would have to be reheard as the advertisement requirement had not been met for the August meeting. 5.
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
Atty Spillias swore in all who planned on testifying in any of the public hearings. All Commissioners advised that they did not have any ex-parte communications in regards to any of these hearings. Town Clerk Hancsak advised that this was a variance to the CCCL and FFE. She 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. Comm Bingham moved to approve the application as submitted in regards to building east of the CCCL, seconded by Comm Aaskov. There was no public comment. Motion carried - yea 5. Comm Schulte moved to approve the application as submitted in regards to the FFE, seconded by Comm Aaskov. There was no public comment. Motion carried - yea 5. 6. 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) Town Clerk Hancsak read the application by title and the staff memo on this application and advised that she has received a piece of additional correspondence from Earl Jones since the August meeting. Margarita Zankina, Randall Stoff’s Office, advised that while Mr. Jones’ letter states that Mr. Stofft was not going to bring any fill onto this lot, she stated that fill would be used at the discretion of the State regarding what is needed to grade the lot. Mayor Kaleel stated that he did not believe that literally no fill at all would be brought in, but that minimal fill would be needed to grade the lot. Mr. Jones
stated that he had a problem with measurements for the elevations taken from Mr. Jones advised that he did not receive a notice in the mail regarding the rehearing of these requests and that a lot in the RSE district is required to be 20,000 sq ft. Town Clerk Hancsak advised that the lot is grandfathered in the current size, but that the residence would need to meet all other zoning requirements. Comm Bingham questioned if the lots are truly grandfathered to which Atty Spillias advised that the Town Commission recently reduced three lots to two which, since the non-conformity is reduced, allows then to retain their grandfathered status. Atty Spillias advised that the notice mailed out to the residents within 300’ radius is only a courtesy and not required by law so it will not affect the validity of the rehearing. Comm Bingham moved to approve the request as submitted, seconded by Comm Willens. There was no public comment. Motion carried - yea 5. 7.
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) Comm Bingham moved to approve the application as submitted, seconded by Comm Schulte. Mayor Kaleel stated that Mr. Olbrich had expressed concern at the last meeting regarding the fill on this lot to which Mr. Stofft had previously advised that the intent was to grade as little as possible which is still the intent of the architect. Comm Bingham stated that she again requests that the Gumbo Limbo trees on the lot for item #6 be saved. There was no public comment on this issue. Motion carried - yea 5. 8.
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). Mayor Kaleel reiterated that it was established at the previous meeting that the garage would not be slabbed and that anything that was slabbed would count against the FAR. Comm Willens moved to approve the application in regards to building east of the CCCL and also to include the staff’s recommendations on slabbed area to be included in the FAR, Unity of Title recorded and a Hold Harmless Agreement executed, seconded by Comm Aaskov. There was no public comment. Motion carried - yea 5. Comm Bingham moved to approve the application in regards to the FFE, seconded by Comm Aaskov. There was no public comment. Motion carried - yea 5. Regular Agenda Actions and Reports
9.
Request to plant vegetation on the dune at Comm Aaskov questioned if there would be an on ground walkover at the site to which Dan Bates, DERM, replied that the County was trying to minimize structures on the dune and that it would most likely be a path for people to walk over the sand. Comm Bingham questioned if this would hurt the dune to which Mr. Bates advised that the wind would most likely blow the sand right back thereby preventing any damage. Mr. Jones
stated that this will be the access for the residents of Oceanview, Douglas and
some condos and therefore getting a lot of use. Mayor Kaleel questioned if the
County would consider placing an on ground walkover on the property to which Mr.
Bates replied that if one was placed there it would also have to meet Comm Willens moved to approve the plans including an on ground walkover, if feasible, and the installation of the needed irrigation, seconded by Comm Bingham. Comm Willens amended his motion to read “if needed” and not “if feasible.” Comm Bingham amended her second. Mr. Jones stated that in replanting other areas of the dune, Section 26-109 of the Code was not followed and the replanting has not been done within the correct amount of time. Mayor Kaleel questioned what ground the Town has to enforce this issue to which Atty Spillias advised he would have to research the question. Comm Aaskov advised that regarding the area of the dune owned by the 52 homeowners, their replanting can not take place until a slab is fixed which can not be done until turtle season is over. She advised that they will be moving ahead as soon as they can and the area will be beautiful. Atty Spillias advised that replanting has to take place within 10 days when the removal is done voluntarily, but when it is done as a result of a safety issue at the request of the Town, it is the Town’s discretion how long the replanting should take. Director Hillery stated that he spoke to the neighbor of the County property who advised that they were waiting until the County submitted their plans so they could continue the same theme on their property. Roll call was taken on Comm Willens’ motion. Motion carried - yea 5. 9a. Lien reduction and unity of title for Lots 32, 33 and 44 Inlet Cay Atty
Spillias advised that the fines were currently over $32,000. He stated that he
would suggest an indemnity agreement if the Town releases the unity of title and
that he worked out a blanket indemnification with Old Republic Title. He added
that prior to the recording of the release of unity of title, the dock would
have to be removed from lot 44. He advised that the lien is still in effect
against Peter Weintraub advised that his client would allow Atty Spillias to hold the entire lien amount in escrow so that they can proceed with the release of the unity of title. Atty Spillias advised that investigating authorities are being kept apprised of what the Town is doing and they have given approval for the release. Comm Willens moved to approve the partial release of unity of title (removing lot 44 from lots 32 and 33, Inlet Cay Subdivision) contingent upon the payoff of the lien in the amount of $32,318.50 within 20 days, final inspection of the removal of the dock and approval by the Town Atty of the indemnification of Old Republic Title, seconded by Comm Aaskov. Atty Spillias advised that the execution documents would be held in escrow until all contingencies are fulfilled. Motion carried - yea 5. 9b. Approval of Proposal for Storm Drainage Repairs from Rockline Vac Systems, Inc. from Capital Projects budgeted funds
12. FDOT
property at Mayor Kaleel stated that FDOT has been informed of the Town’s interest in this property and he would like the Town Manager to continue on this course. He stated that he would like to see the house donated to the Town for which there would be some quid pro quo from the Town in regards to the drainage improvements on A1A. He stated that he would like to allow the Garden Club to use the house for meetings. He suggested that the Town continue to put economic and financial pressure on FDOT to get this moving. Comm Aaskov stated that she would like it to be a community center and available for all community groups and functions. Mr. Jones advised that the Town would need to be responsible for the alarm system and other related costs with the maintenance of this property. Comm Aaskov stated that additional parking would be needed. Comm
Willens moved to allow the Town Manager to proceed with formal negotiations on Motion carried - yea 5. Adjournment The
meeting was adjourned at ___________________________ Mayor Kaleel ___________________________ Commissioner Aaskov Attest By: ____________________________ ________________________ Commissioner Bingham Town Clerk __________________________ Commissioner Schulte ___________________________ Commissioner Willens |
