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Town of Ocean Ridge |
Town Hall: |
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Town Hall Building & Zoning Police Department
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The meeting was called to order by Mayor Aaskov and roll call was answered by the following: Commissioner Bingham Commissioner Kaleel Commissioner Pugh Commissioner Schulte Mayor Aaskov Pledge of Allegiance Additions, Deletions, Modifications and Approval of Agenda Consent Agenda
1. Minutes of 2. Ocean Ridge Resolution No. 2003-12; Authorizing Execution of an Interlocal Agreement between Palm Beach County and the Town for the transfer of Florida Department of Environmental Protection Funds from the County to the Town for assisting in the Implementation of the Stormwater Improvement Project – Phase II within the Town By: Kathleen Dailey, Town Manager Comm Schulte advised that the minutes from the July 7th meeting contained a double negative in the first page that should be corrected. Comm Schulte requested an update on several pending items following the announcements. Town Attorney Spillias stated
that on page four, paragraph 2 of the Comm Kaleel requested to add a discussion on expectations and assumptions. Comm Bingham moved to approve the agenda and the consent agenda as amended, seconded by Comm Kaleel. Motion carried - yea 5. Announcements and Proclamations 3. Presentation of “Check” for first grant awarded for Stormwater Improvement Project by Diane Crigger, Dept. of Environmental Protection
4. The Administrative Office
will be closed
5. A special meeting to discuss
Stormwater Related Issues and
6. The tentative Budget Adoption
and Regular Town Commission Meeting will be held on 7. Proclamation Declaring September 2003 as LITERACY MONTH Town Clerk Hancsak read the above announcements. Updates Comm Schulte questioned the
status on the standing water on Comm Schulte asked for an update on the Brown code enforcement lien reduction. Town Clerk Hancsak advised that Town Hall received $70,000 towards the code violation and that a $70,000 check was delivered to Lewis, Longman, and Walker in care of Town Attorney Spillias towards the escrow agreement. Town Attorney Spillias stated that his office received the $70,000 escrow check but it was not delivered with escrow agreement. Attorney Spillias advised that attorney for the purchaser was to prepare the escrow agreement however there was a difference over commitment and the sale of the property fell through. Attorney Spillias said that after several attempts back and forth Mr. Al Brown contacted him and advised that he was no longer being represented by Attorney Ziska and that his new counsel would be preparing the escrow agreement. Attorney Spillias stated that he is still in possession of the $70,000 bond check and will check into the correspondence between Mr. Al Brown and Town Hall. Comm Kaleel commented that Mr. Al Brown did not abide by the terms of the lien reduction and the Town should consider the $70,000 check to be a payment towards the full amount of the code enforcement lien. Comm Kaleel suggested that Attorney Spillias review the legality of the agreement for the lien reduction. Comm Schulte moved to allow one week for an escrow agreement to be prepared, seconded by Comm Bingham. Motion carried - yea 5. Comm Schulte requested an update regarding the Town signage. Town Manager Dailey stated that a purchase order had been issued for the project. Comm Bingham advised that the turtle design is complete and Jeff Industries has placed the turtle emblem on the signs. She also mentioned that she will have a sample of a completed sign by the August 19th meeting. Comm Schulte requested an update on the financial review of the Town’s cash flow. Comm Kaleel advised that he and staff were working on it and felt in fairness that the regular agenda items should be addressed. Public Comment George Bierlin, Earl Jones, Mr. Jones also commented that
the new home at Corrine and Mr. Jones requested Town Manager Dailey contact Palm Beach County in reference to the 4 dead palm trees in the 5000 block of Old Ocean Blvd. Public Hearings None Regular Agenda
8. Request for Lien Reduction
and Release for Attorney Nicoletti, representing Dr. Hall, president of International Capital realty, stated that the property was cited with an Affidavit and Notice of Violation on December 5, 2000 for Sections 34-6 of the prior code and was subsequently ordered to come into compliance by January 9, 2001 failing which would constitute a $100 daily fine. A supplemental police complaint report advised that the property was mowed on August 21, 2001 and the code Enforcement Officer, Lt. Katz, accepted that the property was brought into compliance and stopped the violation as of that date even though the Final Order states that it is the responsibility of the respondent to notify the Town when the property is brought into full compliance which evidently was never done. Attorney Nicoletti stated that
the property owner actually had the work completed and brought into compliance
on Attorney Nicoletti advised that the owner’s only error was failing to notify Town Hall when the violation was corrected and that the officers could have observed that the work had been done. Attorney Nicoletti said that his
client believes he is only responsible for fines plus interest through Director Hillery advised that
while the property may have been mowed on Attorney Nicoletti did not believe that the concrete on the lot was part of the violation. Attorney Spillias read the complete violation which stated that the height of the grass exceeded 12 inched is height, the lot contained large pieces of concrete block, wood pallets, and pieces of wood. Comm Kaleel stated that the invoice submitted for work done was not sufficient evidence that the lot violation was corrected. Attorney Nicoletti said that there is clear evidence that the owner attempted to comply and he felt it would be in the best interest of the Town to work with the owner so the property could be sold and a new development could be built on the lot. Comm Schulte stated that the property owner is making a significant profit in the sale of the lot and the Town suffered while the lot was in violation. Comm Schulte felt that reducing the fine would only be a benefit to the property owner and also that town officials are claiming the lot still remains partly in violation. Comm Kaleel questioned if the owner was requesting a full abatement of the fine. Attorney Nicoletti stated his client believes he is only responsible for $400 of the fine and was unaware of the daily fines and full lien amount. Comm Pugh moved to reduce the fine of $21,600 by 50% plus $20 for release of lien recording, and to release the lien if payment is received by August 15th, seconded by Comm Schulte. Motion carried - yea 5. Public Comment Rich Lucibella, 5 Beachway N, did not agree with accepting 50% of the fine and mentioned that it is unfortunate that intent is all that counts. Mr. Lucibella felt that a violation brought before a Special Master should actually be corrected and not “attempted” or “paid” to be brought into compliance. 9. Authorize Renewal of Landscape Service Contract with Blue Water Landscape & Lake management in an amount of $52,000 By: Kathleen Dailey, Town Manager Town Manager Dailey stated that
in July 2001 the Town advertised for bids for landscape maintenance services for
fourteen sites throughout the Town. The landscape maintenance was for mowing,
edging, pruning, weeding, mulching, fertilization, pesticide/herbicide
application, litter control and irrigation maintenance at these sites. Town
Manager Dailey advised that in September 2002 Blue Water Landscape and Town Manager Dailey advised that the Town and staff have been very satisfied with the work that Blue Water has performed. She stated that the contract is now up for renewal in September 2003. Town Manager Dailey mentioned that Blue Water has two employees that are assigned to work in Ocean Ridge full-time to maintain the sites under the contract. She said that now that a full year has passed Blue Water is better able to assess their costs for performing the work under the contract and is asking for an increase to $52,000. Town Manager Dailey stated that staff feels that the cost is reasonable and that the contract has been approved by the Town Attorney for legal sufficiency. Mayor Aaskov questioned if the
Midlane and Comm Bingham requested that staff explain an overview of the dune plans to Lewis Graham. Lewis Graham of Comm Kaleel mentioned that he
wants the seagrapes to grow back to a height so that the street light at Comm Schulte stated that the Director Hillery mentioned that
the construction on Regarding the Comm Kaleel questioned if the contract for $52,000 included replacing dead plants and trees. Mr. Graham stated that if Blue Water is responsible for the tree dying they will put in a work order to replace the tree. Comm Kaleel also questioned if
Mr. Graham had any suggestions for the vegetation in Ocean Ridge. Mr. Graham
stated that Comm Kaleel moved to approve the
Blue Water Lake Management contract but he would like to see recommendations to
change the vegetation on Motion carried - yea 5. 10. Authorize Funding for Ridge Blvd Median not to exceed $18,782 from Budgeted Funds By: Kathleen Dailey, Town Manager Town Clerk Hancsak read a letter
received by Jerry Magruder of Mrs. Magruder, Mayor Aaskov stated that several
years ago a plan was designed for the median and the budget ran over. Mayor
Aaskov summarized the maintenance history and mentioned that a water tank was
purchased for irrigation to the median. She also stated that a lot of time and
planning has been put into Mrs. Magruder mentioned her frustration and stated that the median belongs to the residents and they should be able to choose the location, design and colors of the brick-pavers. Comm Kaleel stated that he
understood Mrs. Magruder’s frustration however, he asked that the
Commissioners be given a chance to discuss the issue and possible solutions. He
also questioned when the plan was designed for the Town Manager Dailey advised that the original design was from January 2000 and was distributed as a concept. She commented that the design is not final and a meeting could be arranged with the residents to be involved with planning. Comm Kaleel mentioned that the
process for designing the Mayor Aaskov stated that approval can be made for irrigation to the median as stated in the Town Manager’s memorandum. Director Hillery commented that in 2000 there was a water conservation problem and the City of Boynton Beach would not provide a water meter to the median for irrigation. Director Hillery also mentioned that the water situation is no longer an issue with the City of Boynton Beach. James Bonfiglio, 5616 N Ocean Blvd., stated that people use Ridge Blvd as a short cut to Woolbright Road. He said that Ridge Blvd is too narrow for the u-turn and the resident’s yards and property are being damaged. Mrs. Magruder stated that if the median is extended at the west end it would solve the traffic problem. Town Manager Dailey suggested approving a cost for funding to design a plan. Comm Kaleel moved to table the item and for staff to schedule a meeting with the residents including research with a traffic engineer, seconded by Comm Bingham. Motion carried - yea 5. Town Attorney Spillias suggested that the order for items 11 and 12 be switched because the Green Machine update may involve Edith Street. 12. Update on Green Machine Management Corp. vs. Town of Ocean Ridge By: Kenneth Spillias, Town Attorney Town Attorney Spillias summarized the background information regarding the Green Machine lawsuit. Attorney Spillias stated that the property owners split two lots at the south end of Hudson Ave and wanted to turn the orientation of the lots from west to east rather than from north to south with one side fronting Hudson Ave and one side fronting Edith St. He said that proper road requirements could not be met and the plans were not approved. The property owners appealed to the Board of Adjustment who agreed with the Town decision. Town Attorney Spillias stated that the property owners then appealed the decision to the Circuit Court and the Circuit Court has denied the appeal and upheld the Town decision. Town Attorney Spillias advised that the property owners have not made any further appeals and the lots now remain oriented north to south. He commented that the item is an update and does not require any action by the Commission. 11. Action regarding the abandonment of three rights-of-ways By: Kenneth Spillias, Town Attorney Town Attorney Spillias stated that at the June meeting, the Commission requested more information on the legal issues before a decision for abandonment of the rights-of-ways on Edith, Coconut (Alley 2) and Hudson (Alley 3) could be made. He advised that it is important for the Commission to consider each right-of-way individually rather than as a group. Town Attorney Spillias stated that one issue he researched was the franchise agreement with Florida Power and Light. He said that he contacted FPL who advised that they would not object to abandonment as long as easements were retained for utility purposes in favor of FPL. He added that Bell South probably also had easements. Town Attorney Spillias advised that the rights-of-way can be retained for utility purposes above and below ground and could also be retained if determined they are needed for drainage purposes as well. He also mentioned he was asked to research F.S.S. 255.22 concerning conveyance of abandoned right-of-way’s and advised there was very little case law. Attorney Spillias stated that his research indicates that the Statute was not designed to address dedications. He also mentioned that his view did not differ than the prior letter from Attorney Paul Nicoletti in that he believes that the law would not apply. Town Attorney Spillias stated that in his opinion the Town would have a better chance of prevailing in a potential litigation because the right-of-ways are dedicated to the Town and not deeded. Comm Kaleel questioned if the Town would be forced to put in an alleyway if access is demanded from behind. Attorney Spillias stated that the Town would not be required to improve a road but the homeowners can force the Town to allow them to improve the road at their cost provided they meet all the development standards. Attorney Spillias also mentioned that portions of the right-of-way could be abandoned if determined that the portions had no public purpose. Comm Bingham felt that the right-of-ways should be retained because of the need for utility trucks to enter the alleys in order to reach the transformers. Public Comment Rich Lucibella, 5 Beachway N., questioned what the ramification would be if a right-of-way is retained and the Town is sued. Mr. Lucibella asked if the Judge would award monetary damages. Town Attorney Spillias answered that damage must be proven in order to be awarded monetary damages. George Bierlin, 26 Hudson Ave., felt that the Commission had received enough information and should make a decision to retain or abandon the right-of-ways. Cory Heath, 7 Hudson Ave., stated the easement issue should be kept separate and could be addressed after a decision is made for abandonment. Mr. Heath also mentioned that the property owners would not interfere with utility and drainage easements if the right-of-ways are abandoned. Attorney Levenstein, representing 21 homeowners, stated that at this time none of the property owners have objections to utility easements and feel that the right-of-ways have already been legally abandoned. Attorney Levenstein also mentioned that he believed Town Engineer Tropepe stated the right-of-ways would not be needed for drainage purposes. Bruce Gimmy, 12 Ocean Ave., disagreed with Attorney Levenstein and stated he understood that the right-of-ways were very important for drainage according to Engineer Tropepe. Mr. Gimmy also stated that whether the right-of-ways are retained or abandoned, the drainage should be done correctly. Mr. Bierlin stated he agreed with Attorney Levenstein and thought the Town Engineers report stated the right-of-ways were not needed for drainage. Town Manager Dailey mentioned that Engineer Tropepe’s report stated that the right-of-ways were not needed for the drainage project but suggested property owners maintain swales for drainage purposes. Comm Bingham commented that the property owners have filled in the swales and that the Town would do a better job of controlling drainage problems. There was a brief discussion on public purposes and allowing public access. Comm Schulte commented that while he realizes this is a difficult issue to make all those involved satisfied he feels there is a public purpose for the right-of-way’s and they should not be abandoned. He added that he had no problem abandoning the property if all the resident’s came forward with the request. Attorney Spillias clarified that a public purpose must be proven and not a public need to retain any right-of-way. Attorney Spillias also suggested that if the Commission votes to accept the recommendation of the Planning and Zoning Commission that it be expressed for the reasons expressed by the P&Z and each voted on individually. Comm Kaleel moved not to abandon the Hudson/Ocean Avenue right-of-way (Alleyway #3) based on the reasons and recommendation by the Planning and Zoning Commission and also that there is an overwhelming public purpose to retain the right-of-way for future needed roadway purposes and steps should be taken towards clearing, seconded by Comm Schulte. Comm Bingham recused herself as one of the abutting property owners and will file the appropriate conflict forms with Town Clerk Hancsak. George Bierlin, 26 Hudson Ave., commented that Alleyway #3 was at least 1/3 jurisdictional area and he couldn’t understand the rationale of putting in a roadway. Motion carried - yea 4. Comm Schulte moved not to abandon the Coconut Lane/Ocean Avenue right-of-way (Alleyway #2) based on the reasons and recommendation by the Planning and Zoning Commission and also that there is an overwhelming public purpose to retain the right-of-way for future needed roadway purposes and steps should be taken towards clearing, seconded by Comm Pugh. Motion carried - yea 5. Comm Bingham moved not to abandon the Edith Street right-of-way (Alleyway #1) based on the reasons and recommendation by the Planning and Zoning Commission and for utility and drainage purposes and the negative effect abandoning the right-of-way would have on Pelican Cove residents and the possible future need for roadway purposes, seconded by Comm Pugh. Motion carried - yea 5. Comm Kaleel suggested allocating funding to study and gain access as far as legally possible on the three alleyways, all agreed. Lewis Graham stated that $17,000 would be a reasonable estimate to clear the three alleyways. Comm Kaleel did not want to approve an amount until further review is done on the alleyways. Comm Kaleel moved to give direction for staff and Town Attorney Spillias to study and provide an estimated budget to clear and gain access to the Edith St, Coconut Lane, and Hudson Ave right-of-ways, seconded by Comm Schulte. Motion carried - yea 5. Town Clerk Hancsak asked for direction on notifying property owners to remove obstructions in the right-of-ways. Town Attorney Spillias stated that there are no further extensions on the decision for abandonment. Resolutions 14. Resolution No. 2003-14; Establishing a New Building Permit Fee Schedule Comm Schulte requested to change the order of item 13 and 14. Comm Schulte stated he wanted to discuss the cost involved with the building permit fee schedule before the contract for zoning and building official duties is discussed. Town Manager Dailey read the memo regarding approval of a building permit fee schedule. She stated that in March 2003, the Commission authorized staff to proceed with formal notification to Palm Beach County of intent not to renew the interlocal agreement for Building Services at the end of its term on September 30, 2003. Town Manager Dailey advised that by law, the Town would need to adopt their own building fee schedule which produces revenue necessary to cover costs to perform this service. She stated that staff reviewed building permit fees charged and schedules used by other municipalities to develop a schedule that would most closely equal the revenue and expenditures for this service in Ocean Ridge. Town Manager Dailey mentioned that the proposed fee schedule covers expenses, including Hy-Byrd, Inc.’s compensation, engineering and legal costs, staff time and operational costs. Town Manager Dailey explained the proposed fee schedule and the detailed analysis of the staff time, attorney time, engineer time, operational costs, and Hy-Byrd’s proposed fees, and applied these costs to the permits issued in the last fiscal year. She mentioned that there were 21 major permits and 389 minor permits issued which the Town would have needed to receive $86,679.45 in revenue to cover the costs in the last fiscal year. Comm Schulte questioned what can be included to cover costs when charging for building permits. Town Attorney Spillias read the State Statute and explained that the Town cannot profit from building permit fees. He stated that the Town can only charge for the cost to provide the service including administrative costs, legal costs, appropriate software and anything that directly supports permitting. Comm Kaleel stated that the fee schedule was put together well but he would like to see the percentage raised to cover general overhead costs. He also questioned if re-inspection fees are charged after the first failed inspection. Joseph Crisafulle, President of Hy-Byrd Incorporated, stated that a fee is not charged after just one failed inspection as it may be perceived as gouging a contractor for additional monies. He explained that a repeated failed inspection is a problem and can be charged re-inspection fees. Comm Schulte suggested that staff review all costs including line item costs that could legitimately be charged for building permits. Comm Kaleel moved to direct staff to review costs including administrative and line items and bring back a fee schedule similar to the schedule used by the Town of Manalapan, seconded by Comm Bingham. Motion carried - yea 5. 13. Authorize Execution of Contract with Hy-Byrd, Inc. for Zoning and Building Official Duties By: Kathleen Dailey, Town Manager Town Manager Dailey stated that in October 2002, the Commission authorized the Town to hire Hy-Byrd, Inc. to serve as the Town’s Zoning Administrator and it was the consensus at that time to see if the company could perform up to the expectations of the Town before considering canceling the interlocal agreement with the County for Building Official Duties. Town Manager Dailey mentioned that staff has been satisfied with the services performed by Hy-Byrd and is requesting approval of the contract with Hy-Byrd, Inc. to provide Building & Zoning Services for the Town and to serve as Building Official of record for the Town. Comm Kaleel requested that the wording be changed to “the Town agrees not to hire any employee of Hy-Byrd for one year following termination”, in the non-solicitation section of the contract. Comm Kaleel moved to approve the contact with Hy-Byrd, Inc. for Building and Zoning Services for the Town as amended, seconded by Comm Schulte. Motion carried - yea 5. First Reading of Ordinances 15. Ordinance #541; Amending Section 34-6 of the Code of Ordinances Concerning Removal of Rubbish, Noxious Plants, Stagnant Water and Weeds; Providing for Exceptions to its Requirements Town Attorney Spillias suggested that based on comments by Comm Schulte and Director Hillery to add verbage to #5, add language removing the exclusion of invasive species and to omit #6. Comm Kaleel moved to adopt Ordinance #541 on first reading with the amendments stated, seconded by Comm Pugh. Motion carried - yea 5. Town Commission Requests 16. Expectations and Assumptions Comm Kaleel requested to add a discussion on expectations and assumptions. Comm Kaleel stated that the Commission needs to give clear direction and explanation on what is expected of staff. Comm Kaleel mentioned that there should be clear guidelines in order to clear up miscommunication. There was a consensus to arrange a meeting to discuss expectations and assumptions of the Town staff as soon as practical. Adjournment Meeting adjourned at 10:40 PM ___________________________ Mayor Aaskov ___________________________ Commissioner Bingham Attest By: ____________________________ ________________________ Commissioner Kaleel Town Clerk ____________________________ Commissioner Pugh ___________________________ Commissioner Schulte |
