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Town of Ocean Ridge |
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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 Comm Schulte requested to add an
update of the Florida Department of Environmental Protection workshop on
seagrapes held in Town Manager Dailey requested to
add information regarding renewing employee Health Insurance. Mayor Aaskov requested to add a discussion on Announcements and Proclamations
2.
The proposed FY 2003-04 Budget/Adopt proposed millage meeting will be
held on Public Comment Lawrence O’Daly, Town Clerk Hancsak stated that
she did not believe Town Hall had received a letter from Mr. O’Daly. Mayor
Aaskov advised that the matter was being addressed. Mr. O’Daly questioned if
the Commission knew when an answer would be available. Comm Kaleel stated that
in all fairness to the Town Manager he should have a response within a week. Mr. O’Daly questioned the
status of the Mr. O’Daly questioned the
State of Justus Brown, George Berlin, 3.
Request for Lien Reduction and Release for Attorney Ziska requested an
abatement of the fines for a Code Enforcement Final Order (CE#2000-04) and also
release of the lien filed Attorney Ziska mentioned that
there have been unique issues and circumstances pertaining to the property and
summarized the events that have occurred over the past several years including
several changes in property managers resulting in the work not being completed. Town Clerk Hancsak commented
that there has been no written correspondence to the Town regarding attempts to
achieve compliance. Attorney Ziska stated that her client should have
corresponded with the Town and again mentioned the issues involved with the
property. Comm Kaleel questioned what the selling price for the property is. Attorney Ziska stated she could not disclose the amount. Comm Kaleel believed it was a fair and reasonable question because the property owner is asking for a lien reduction based on a hardship. Comm Schulte stated that the violation has still not been resolved and the owner is now asking to relieve the lien for his own benefit. Attorney Ziska stated that the
property owner is requesting the fine be abated and release of the lien in order
to get a clean title to sell the property. Attorney Ziska also mentioned that
the property owner lives in Mayor Aaskov questioned why the
home owner did not contact the Town himself. Al Brown, representing the owner
Harry Brown, stated that his brother is living in Comm Kaleel stated that the
property owner is asking for an abatement of a valid $139,000 lien and he wants
to know the purchase price. Comm Kaleel also suggested that the property
representative meet with their counsel to discuss a reasonable solution as he
felt a total abatement was not justified. Comm Pugh added that the seawall
should be repaired while still owned by Harry Brown. Attorney Ziska stated that
the potential buyer is willing to provide enough bond money to repair the
seawall. Attorney Greg Young,
representing potential purchaser, stated that all parties involved are Town
residents who wish to have the violation corrected. Attorney Young mentioned
that the property does not need to remain under the current ownership to repair
the seawall. He also mentioned that there is an opportunity to resolve the
issues and that it would be beneficial if it could be done tonight. The item was temporarily tabled
while the owner representative and their counsel adjourned to discuss a
solution.
4.
Action regarding purchase of Town Attorney Spillias
summarized his memo regarding the Attorney Spillias then stated
that after further discussions Mr. Chesser presented two alternatives. The first
proposal was to convey the property on the south side of Attorney Spillias stated that
the second alternative with regards to the empty lot on the south side of Comm Schulte stated he did not
see a reason to purchase either lot. Comm Kaleel advised that the intent was
that the properties would be donated and not purchased. Comm Schulte moved to not purchase either lot, seconded by Comm Bingham. Motion carried - yea 5. There was a consensus by the Commission for Town Attorney Spillias to write a letter to Mr. Chesser advising of the Town’s intentions not to purchase the lots.
5.
Direction on future Fire Service in Ocean Ridge By: Kathleen Dailey,
Town Manager Town Manager Dailey summarized
the Fire/Rescue Service memo. Town Manager Dailey stated that the Town of Ocean
Ridge provides fire service to its residents and also the residents of Briny
Breezes. She explained that there are presently laws and standards in the fire
industry that the Town of Ocean Ridge cannot economically meet without
interlocal agreements with other agencies who supply fire and rescue services.
Town Manager Dailey advised that the Department of Public Safety began to
research other options for providing fire service that could meet industry
standards. She advised that of the Fire Rescue Services in the area, only Town Manager Dailey stated that Director Hillery stated that he
prepared a cost comparison of the Director Hillery summarized the
draft contract from Comm Schulte stated that the
contract from Boynton seemed different than what Director Hillery had described
and questioned the details of the cost involved and the responsibility for
liability. Comm Kaleel stated that the Town
is in the negotiation phase with Mayor Aaskov questioned if
Boynton Beach fire fighters stationed in Ocean Ridge would be responding for
emergencies on the west side of the bridge into Boynton Beach. Comm Kaleel stated that they
would respond over the bridge if needed because Ocean Ridge would become a main
fire station for Comm Schulte suggested
negotiating in good faith with a letter of intent to contract with Comm Bingham commented that the Town should own its own equipment because of the cost involved. Director Hillery stated that the
Comm Kaleel volunteered to
assist Town Manager Dailey and Director Hillery in negotiating with the City of Comm Schulte moved to progress
forward with a letter of commitment and negotiate the terms of the Motion carried - yea 5.
6.
Approval of Turtle Emblems and Sign Colors: By Commissioner Bingham Comm Bingham stated that she
felt the turtle design for the Town signs was a hasty decision at the last
meeting and she also felt the turtle was being pushed as the Town emblem. Comm
Bingham also mentioned that a more simple design would be better for the Town
signs and provided examples of other turtle designs. Comm Kaleel stated he was
satisfied with a turtle emblem because it specifies something environmental but
agreed the design of the turtle could be changed. Comm Kaleel moved to assign Comm
Bingham to work with Town Manager Dailey on the turtle design for the Motion carried - yea 5. Mayor Aaskov questioned the name
of the colors for the new Town signage and if the Commission was happy with the
colors. Town Manager Dailey stated that
she and Mayor Aaskov had compared color swatches with the Town signs. Manager
Dailey showed color samples of pale linen and paisley blue and advised that they
most closely match the current Town signs. Comm Bingham moved to approve
pale linen and paisley blue as the sign colors for Motion carried - yea 5.
7.
Discuss vacant lot maintenance By: Commissioner Bingham Comm Bingham stated that some of
the vacant lots in Town were in deplorable condition and that section 34-6 of
the code is adequate but doesn’t clearly state that the vacant lots must be
maintained. Comm Bingham also suggested adding lot size to the code or directing
the Town to mow the lots to keep them maintained. Mayor Aaskov stated that the
issue has been mentioned before and it has been difficult for the Town to
enforce owners to maintain the lots. Town Attorney Spillias stated that the code does not distinguish between wooded lots and lots that have been previously cleared. He added that the Department of Public Safety made the determination in the past to enforce the code on particular lots. Attorney Spillias advised that there is nothing to prevent all of the lots in Town, whether wooded or cleared, to be enforced. He suggested that Staff be given direction to enforce maintenance of the lots uniformly and added that there must be a rational basis for distinction of any exemption. Comm Kaleel questioned how the
lots in Town could be distinguished between those that are overgrown and those
that are truly natural vegetation. Comm Kaleel suggested a possible solution is
to add a provision that applies to all lots unless a letter is provided to the
Town that states the lot will remain natural vegetation for at least 10 years. Comm Bingham stated that the
distinction between the lots could be made. Comm Schulte felt that it would
be difficult to have property owners sign a letter or an agreement for the lots. Attorney Spillias mentioned that
the code does not differentiate between zoning districts. All concurred for the Town to
cite overgrown lots and for Town Attorney Spillias to draft an ordinance
regarding exceptions and maintaining vacant lots.
3.
Continued - Request for Lien Reduction and Release for Attorney Ziska stated that
calculations depict the owner is losing $150,000 on the property and they are
willing to offer $35,000 as payment towards the code enforcement violation and
for the potential purchasers to post a bond for the seawall repair with a
construction completion by Mayor Aaskov stated she was not willing to negotiate an offer less than 50% of the lien amount of $139,000.00. Comm Pugh questioned the seawall repair bond. Attorney
Ziska stated the purpose of the bond was to allow the change of ownership and
provide the Town funding should the repairs not be completed. Attorney Spillias stated that if
the Commission agrees to a bond amount and the sale of the property does not
occur, the DEP permit will expire and the seawall will still not be repaired.
Attorney Young stated that the permit is not likely to change and it is possible
to receive an extension. Attorney Spillias clarified that the funds in escrow
would be enforceable for the repair of the seawall. Attorney Young stated that
the perspective buyers wish to receive a credit at the closing for the bond
money to repair the seawall. Comm Kaleel stated he would be
willing to accept $70,000 as payment for the code violation lien and a $70,000
bond in escrow for the repair of the seawall. After conversing with the owner
representative, Attorney Ziska stated her clients were willing to agree to
$70,000 as payment. Comm Kaleel moved to reduce the fine to $70,000 and to put an additional $70,000 in escrow, to be prepared by them subject to Town Attorney approval, for the seawall repair of which a building permit must be applied for by August 15, 2003 and commence construction within two weeks of the permit issuance and total completion by December 15, 2003 as per the DEP permit, and all payments must be received by July 31, 2003 at which time the lien could be released and the funds in escrow could be released after an approved final inspection. Comm Bingham seconded the motion. Motion carried - yea 5.
8.
Approval of evaluation process and form By: Mayor Aaskov Mayor Aaskov stated that Town
Manager Dailey had recently had her one year anniversary as Town Manager and
there was not a formal evaluation form for the Town Manager and other staff
outside of public safety. Mayor Aaskov suggested that a form be created for each
Commissioner to complete and returned to the Town Clerk by a certain date and
then given to the Mayer to compile. Comm Pugh questioned if other
municipalities have an evaluation process for Town Managers. Attorney Spillias
advised that some Towns hold evaluations open to the public and some have
one-on-one evaluations. Comm Kaleel stated that a
Commissioner should speak to the Town Manager directly if they feel they need to
discuss an issue and there should not be a written form which would be part of a
permanent record and open to the public. He felt the form was one-sided and not
open for a rebuttal. Mayor Aaskov commented that she
was not in favor of a public meeting. Town Clerk Hancsak advised that
a few years ago the Town Manager, Town Clerk and Director completed their own
evaluations. She also mentioned that the three positions have been appointed
positions by the Commission. Attorney Spillias mentioned that
the Town Manager should have an opportunity to comment on a Commissioners
evaluation form. He also clarified that a form that is given to the Town Clerk
is public record and suggested that a Commissioner use the form as personal
notes to discuss issues with the Town Manager which would then not be public
record. Comm Kaleel suggested using the
form as notes to speak to the Town Manager on an individual basis and if there
is a serious issue to have a public meeting. Comm Schulte was also in favor
of a combination of sitting down with the Town Manager and also then having a
public meeting. There was a discussion on
written forms and what could be considered public record. Attorney Spillias stated that if
the Commission has a public meeting the Town Manager should be able to review
the forms and comments before the meeting in order to be prepared with a
response. He also clarified that a public meeting does not have to be open for
public comment. There was a consensus for each
Commissioner to individually evaluate the Town Manager and if there is a serious
issue that cannot be discussed and resolved to bring it back at the August
meeting. 9. Discuss letters from citizens regarding SR A1A widening By: Mayor Aaskov Mayor Aaskov stated that she has
received several letters from citizens outside of Ocean Ridge regarding the
widening of SR A1A. Mayor Aaskov commented that she is not responding to these
letters and did not feel the other Commissioners should either. Comm Kaleel stated that the
project is in the control of the Department of Transportation and not Ocean
Ridge jurisdiction. All agreed to not respond or
answer out of Town letters regarding the widening of SR A1A. 10. Update on Department of Environmental Protection meeting regarding seagrapes Comm Schulte requested an update
on the status of the seagrape meeting held by DEP on Town Manager Dailey stated that
she has not received any information from
11. Update
on Comm Schulte requested an update
of the code violation at 12. Employee health insurance rates By: Kathleen Dailey, Town Manager Town Manager Dailey summarized
the renewal rates for health insurance which is currently provided by United
HealthCare. Town Manager Dailey advised that the current health plan would not
be available for renewal and distributed a cost comparison chart with comparable
plans offered by other providers. She advised that the employees had reviewed
the plans and voted on an HMO Plan 8 provided by Blue Cross Blue Shield. There was a discussion about the
disadvantages of an HMO plan but that the majority of employees wanted the
proposed plan. Comm Kaleel moved to approve
Blue Cross Blue Shield Plan 8 for employee health insurance, seconded by Comm
Schulte. Motion carried - yea 5. ___________________________ Mayor Aaskov ___________________________ Commissioner Bingham Attest By: ____________________________ ________________________ Commissioner Kaleel Town Clerk ____________________________ Commissioner Pugh ___________________________ Commissioner Schulte |
