Town Hall
About
Budget 07-08
Calendar of Events
Employment
Flood Information
Gallery
Gomez Children Trust Fund
History
Home
Hurricane Information
Links
Map
Meeting Minutes
New Resident Info
News
Newsletters
Ordinances/Resolutions
Parks
Town Updates
Volunteering

Building & Zoning
Code
Forms
New Building Checklist
Occupational Licensing
Permit Fees
Permit Process
Permit Status

Police Department
About
Employment
ORPD Links
News Alerts
Support Group
 

Search This Site

Local Weather

Privacy and Usage Policy
Under Florida law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public-records request, do not send electronic mail to this entity. Instead, contact this office by phone or in writing.

SPECIAL MEETING HELD BY THE PLANNING AND ZONING COMMISSION FOR THE TOWN OF OCEAN RIDGE, FLORIDA, TO BE HELD IN THE TOWN HALL ON THURSDAY, SEPTEMBER 19, 2002, AT 8:00 A.M.

 The meeting was called to order and roll call was answered by the following:

                         Commissioner Smith                                         Commissioner Northrup

            Commissioner Lee                                            Commissioner Bonfiglio

                                                Chairman Gimmy

 III.       ORGANIZATIONAL MEETING TO DISCUSS RIGHTS OF WAY IN TOWN    

 Vice Chairman Bonfiglio called the meeting to order and commented that Chairman Gimmy has stepped down as the Chair during the rights of way (ROW) project assigned to the P & Z Commission.  Atty Spillias added that Mr. Gimmy can participate in the discussion and votes, except regarding the alley abutting his property, when he will file a Voter Conflict Form.

Vice Chairman Bonfiglio advised that the purpose of the meeting today was to discuss the mandate by the Town Commission directing this body to examine all the ROW’s and make recommendations regarding the disposition and maintenance of same.  He stated that this meeting was scheduled as an organizational meeting. 

Atty Spillias summarized the events leading up to this meeting by stating that the P & Z met 3 to 4 years ago to study the ROW’s.  At that time the recommendation by the P & Z (including three current members) was to retain and maintain all of the ROW’s.  He stated that the Commission accepted the report but no formal action was taken. He added that ROW’s have not been maintained nor has monies been budgeted for maintenance, although it was discussed during the budget process.  He commented that over a year ago the Commission adopted an ordinance requiring a license for anyone placing or having  an obstruction in the ROW, which has not been enforced.  Atty Spillias advised that some residents on the south side of Hudson Ave. and Coconut Lane were forwarded letters regarding their obstructions; however, no action was taken because the Commission decided that the issue needed to be reviewed again.  They directed that the P & Z examine each ROW individually and provide the Commission with a comprehensive report to include whether each should be abandoned or how it should be utilized, clearing and maintaining same, and the associated costs for maintenance, lighting, policing, etc. by Dec. 15, 2002.  Atty Spillias advised that there was one property owner on Coconut Lane , behind Bruce Gimmy’s residence cited with a Notice of Violation which was directed by the Town Commission.  He stated that the Special Master postponed the finding of violation (or not) until after the P & Z provides their recommendation to the Commission.      

Atty Spillias commented that a municipality can obtain a ROW in several ways including deeding over property to the Town, or a dedication in a plat or a legally named street in a plat.

Atty Spillias cautioned the members that during the walk through proposed for Sept. 21, 2002 the Sunshine Laws apply and he therefore recommended that any discussion be kept to a minimum in the field and discussed when the meeting is reconvened at the Town Hall.  Mr. Bonfiglio questioned whether they could discuss this item with a Town Commissioner and also whether they could take photographs.  Atty Spillias advised that an individual member could discuss the issue with a Commissioner one on one because they were two separate boards.  Regarding the photographs, he advised that the member should announce they took photographs and if they plan on sharing them with any other member they should become part of the public record. 

Mr. Northrup questioned if the Town has lost any of the ROW’s due to the lack of maintenance.  Atty Spillias stated that the assumption is that the Town still owns them because they are reflected on the plats.  He added that there are statutes that provide for property owners to obtain the land, however, it is their responsibility to pursue the ownership. 

Mr. Gimmy inquired if the Town could charge a property owner to have the property abandoned.  Atty Spillias advised that an abandonment would be a legislative act and the Town could not demand payment.  He added that he would investigate whether the Town could charge for or sell a deeded ROW.

Atty Spillias stated that some research would need to be done to determine ownership and who the property would revert to if the property was abandoned.  Atty Spillias commented that one of the concerns in abandoning the ROW’s is that the lot size would increase thereby allowing for a larger home. 

After some discussion concerning the ROW’s listed in the memorandum provided by Mr. Bonfiglio the members all agreed that the beach access areas should not be abandoned.  It was also determined that Porter St. west of SR A1A and the street running north/south between Thompson and Anna Extensions were already abandoned.  They also agreed that Corrine St. was a mute point because it was now a proposed boardwalk for entrance to the Mangrove Restoration Project currently being designed by the County.  The members also stated that they had previously addressed the abandonment of Chickasaw but could discuss the maintenance of same in a future meeting. Town Clerk Hancsak advised that Chickasaw is currently maintained but it is not actually paved to the ICWW.

The P & Z Commission concurred that they would meet weekly on Monday mornings at 8 AM and would encourage written comments from interested parties.  They requested that the agenda be posted on the web site and that it include an information statement that advised that the prior and current correspondence was available in the Clerk’s Office for review.  They suggested that property owners that would be directly affected by a certain ROW be provided a hand delivered copy of the agenda for that week. 

Mr. Gimmy commented that he heard that an attorney representing several property owners in Town is going to approach the Town regarding a statute that essentially says that if a ROW is not used for a certain period of time then it would automatically revert to the property owners.  Atty Spillias advised that Porter St. was abandoned citing something similar.  He added that there are different factors involved with all the ROW’s and he suggested keeping out of the legal arguments and keep the discussions related to policy. He reminded the board that their previous recommendation was to keep all the ROW’s, which was accepted by the Town Commission. 

Mr. Gimmy suggested having a representative from the various utility companies available at the meeting to provide input on access to these ROW’s.  Atty Spillias reminded the members that even if they recommend abandoning a ROW a permanent easement could still be required.  He added that it may be helpful to have the Town Engineer present at one or more of the meetings to provide input on whether any of these ROW’s may be necessary for drainage purposes.  Mr. Bonfiglio advised that a master plan from FPL would be helpful if such a document exists.

The members all concurred to visually examine the ROW’s on Saturday, Sept. 21, 2002 at 8:00 AM with a rain out date of Sept. 28, 2002 .  They also scheduled to meet on Monday, Sept. 30, 2002 at 8:00 AM to discuss the beach access ROW’s, Corrine St. , and Chickasaw St.

V.        ADJOURNMENT

The meeting was adjourned at approximately 9:45A.M.

                                                                                                ______________________

__________________________                                            Vice Chairman Bonfiglio

Town Clerk